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23 Mariana Islands Species This document is scheduled to be published in the Federal Register on 10/01/2015 and available online at http://federalregister.gov/a/2015-24443, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R1–ES–2014-0038] [4500030113] RIN 1018–BA13 Endangered and Threatened Wildlife and Plants; Endangered Status for 16 Species and Threatened Status for 7 Species in Micronesia AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service, determine endangered status under the Endangered Species Act of 1973, as amended, for 16 plant and animal species 1 2 from the Mariana Islands (the U.S. Territory of Guam and the U.S. Commonwealth of the Northern Mariana Islands). We also determine threatened status for seven plant species from the Mariana Islands and greater Micronesia in the U.S. Territory of Guam, the U.S. Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Federated States of Micronesia (Yap). The effect of this regulation will be to add these 23 species to the Federal Lists of Endangered and Threatened Wildlife and Plants. DATES: This rule becomes effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and http://www.fws.gov/pacificislands. Comments and materials we received, as well as some of the supporting documentation used in preparing this final rule, are available for public inspection at http://www.regulations.gov. All of the comments, materials, and documentation that we considered in this rulemaking are available, by appointment, during normal business hours, at: U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3–122, Honolulu, HI 96850; by telephone at 808–792–9400; or by facsimile at 808–792–9581. FOR FURTHER INFORMATION CONTACT: Kristi Young, Acting Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3–122, Honolulu, HI 96850; by telephone at 808–792– 9400; or by facsimile at 808–792–9581. Persons who use a telecommunications device 3 for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877– 8339. SUPPLEMENTARY INFORMATION Executive Summary Why we need to publish a rule. Under the Endangered Species Act of 1973, as amended (Act or ESA), a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule. Critical habitat shall be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act. This rule will finalize the listing of 23 species from the Mariana Islands as endangered or threatened species, one of which (Cycas micronesica) also occurs in the Republic of Palau and the Federated States of Micronesia (Yap). For the sake of brevity, throughout this document we refer to these 23 species simply as the 23 Mariana Islands species. Sixteen of these species are listed as endangered species: seven plants— Eugenia bryanii (no common name (NCN)), Hedyotis megalantha (pau dedu, pao doodu), Heritiera longipetiolata (ufa halumtanu, ufa halom tano), Phyllanthus saffordii (NCN), Psychotria malaspinae (aplokating palaoan), Solanum guamense (Biringenas halumtanu, birengenas halom tano), and Tinospora homosepala (NCN); and nine animals—the Pacific sheath-tailed bat (Mariana subspecies, Emballonura semicaudata 4 rotensis; payeyi, paischeey), Slevin’s skink (Emoia slevini; gualiik halumtanu, gholuuf), Mariana eight-spot butterfly (Hypolimnas octocula marianensis; ababbang, libweibwogh), Mariana wandering butterfly (Vagrans egistina; ababbang, libweibwogh), Rota blue damselfly (Ischnura luta; dulalas Luta, dulalas Luuta), fragile tree snail (Samoana fragilis; akaleha dogas, denden), Guam tree snail (Partula radiolata; akaleha, denden), humped tree snail (Partula gibba; akaleha, denden), and Langford’s tree snail (Partula langfordi; akaleha, denden). Seven plant species—Bulbophyllum guamense (siboyas halumtanu, siboyan halom tano), Dendrobium guamense (no common name (NCN), Cycas micronesica (fadang, faadang), Maesa walkeri (NCN), Nervilia jacksoniae (NCN), Tabernaemontana rotensis (NCN), and Tuberolabium guamense (NCN)—are listed as threatened species. Delineation of critical habitat requires, within the geographical area occupied by the species, identification of the physical or biological features essential to the species’ conservation. Information regarding the life functions and habitats associated with these life functions is complex, and informative data are largely lacking for the 23 Mariana Islands species. A careful assessment of the areas that may have the physical or biological features essential for the conservation of the species and that may require special management considerations or protections, and thus qualify for designation as critical habitat, will require a thorough assessment. We require additional time to analyze the best available scientific data in order to identify specific areas appropriate for critical habitat designation. Accordingly, we find designation of critical habitat to be “not determinable” at this time. 5 The basis for our action. Under the Endangered Species Act, we can determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. We have determined that the 23 Mariana Islands species are experiencing population-level impacts as the result of the following current and ongoing threats: Habitat loss and degradation due to development, military activities, and urbanization; nonnative feral ungulates (hoofed mammals, for example, deer, pigs, and water buffalo) and nonnative plants; rats; snakes; wildfire; typhoons; water extraction; and the synergistic effects of future climate change. Predation or herbivory by nonnative feral ungulates, rats, snakes, monitor lizards, slugs, flatworms, ants, and wasps. The inadequacy of existing regulatory mechanisms to prevent the introduction and spread of nonnative plants and animals. Direct impacts from ordnance and live-fire from military training, recreational vehicles, and exacerbated vulnerability to threats and, consequently, extinction, due to small numbers of individuals and populations. Peer review and public comment. We sought comments from independent specialists to ensure that all of our determinations are based on scientifically sound data, 6 assumptions, and analyses. We also considered all comments and information received during the comment periods and public hearings. Previous Federal Actions Please refer to the proposed listing rule, published in the Federal Register on October 1, 2014 (79 FR 59364), for previous Federal actions for these species prior to that date. The publication of the proposed listing rule opened a 60-day comment period, beginning on October 1, 2014, and closing on December 1, 2014. In addition, we published a public notice of the proposed rule on October 18, 2014, in the Marianas Variety, Marianas Variety Guam, and the Guam Pacific Daily News newspapers. On January 12, 2015 (80 FR 1491), we reopened the comment period for an additional 30 days and announced two public hearings, each preceded by public information meetings (January 27, 2015, on Guam; and January 28, 2015, on Saipan); and two separate public information meetings, one each on Rota (January 29, 2015) and Tinian (January 31, 2015). This second comment period closed on February 11, 2015. We published public notices in the local Marianas Variety and Pacific Daily News on January 23, 2015, in order to inform the public about the hearings and information meetings, as well as the reopening of the comment period. In total, we accepted public comments on the October 1, 2014, proposed rule (79 FR 59364) for 90 days. Summary of Changes from Proposed Rule 7 In preparing this final rule, we reviewed and fully considered comments from the peer reviewers and public on the proposed listings for 23 species. This final rule incorporates the following substantive changes to our proposed rule, based on the comments we received: (1) The proposed rule described the status of five plant species (four orchids: Bulbophyllum guamense, Dendrobium guamense, Nervilia jacksoniae, and Tuberolabium guamense; and a plant in the family Primulaceae, Maesa walkeri) as meeting the definition of an endangered species under section 3(6) of the Act (any species which is in danger of extinction throughout all or a significant portion of its range). However, new information from further surveys has shown that these five plant species are more numerous on the island of Rota than previous data indicated, each with a population structure consisting of seedlings, juveniles, and adults. This new information indicates that these five plant species are not quite as imperiled throughout their ranges as previously understood at the time of the proposed rule. However, these species are still susceptible
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