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Federal Register/Vol. 69, No. 68/Thursday, April 8, 2004/Rules Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 18499 option is chosen (for those pleadings the Board through the e-filing process, Background and documents that are appropriate for a copy of the e-filed document should Nesogenes rotensis, Osmoxylon e-filing, as determined by reference to be emailed to other parties if that means mariannense, and Tabernaemontana the information on the Board’s Web of service is acceptable to those other rotensis all occur on the island of Rota site), then the applicable requirements parties, or a paper copy of the document in the CNMI; Tabernaemontana rotensis will be those specified on the Web site, should be personally served on the is also found in the U.S. Territory of and any requirements of 49 CFR part other parties, but if email is not Guam. 1104 that are specifically applicable to acceptable to the receiving party and We provided detailed physical filing of paper copies will not apply to personal service is not feasible, service descriptions for these species and their the e-filed pleadings and documents of a paper copy should be by first-class habitats for Guam and Rota in the (these requirements include, but are not or express mail. When a party is proposed listing rule (65 FR 35025, June limited to, number of copies, stapling or represented by a practitioner or 1, 2000). binding specifications, submission of attorney, service upon the practitioner is compact disks or floppy diskettes for deemed to be service upon the party. Discussion of the Three Plant Species documents of 20 pages or more, * * * * * Nesogenes rotensis signature ‘‘in ink,’’ etc.). Persons are not [FR Doc. 04–8074 Filed 4–7–04; 8:45 am] Williams has observed Nesogenes required to e-file, and may continue to BILLING CODE 4915–01–P use the Board’s processes for filing rotensis in flower throughout the year; paper copies. however, she has never observed it in fruit (Laura Williams, CNMI Division of § 1104.2 [Amended] DEPARTMENT OF THE INTERIOR Fish and Wildlife (DFW), pers. comm. 2004). I 3. Amend the first sentence in Fish and Wildlife Service § 1104.2(a) by adding the words ‘‘, Biannual surveys for this species have been conducted since 2000. The species except electronic filings,’’ after the word 50 CFR Part 17 ‘‘Documents’’. was observed in flower in February RIN 1018–AG09 2000, and a direct count was made on § 1104.3 [Amended] June 27, 2000 (L. Arriola, in litt. 2000). I 4. Amend § 1104.3 as follows: Endangered and Threatened Wildlife At that time there were 80 individuals I A. In paragraph (a), in the first and Plants; Determination of within an approximate area of 960 yd 2 sentence, remove the words ‘‘of every Endangered Status and Prudency (800 m 2). In May and November 2001, pleading,’’ and add in their place ‘‘of Determination for Designation of direct counts made by staff from CNMI every paper pleading,’’. Critical Habitat for Two Plant Species DFW identified 458 and 579 adult I B. In paragraph (b), add the words From the Commonwealth of the plants, respectively. No individuals of ‘‘accompanying paper filings’’ after the Northern Mariana Islands Nesogenes rotensis were observed in words ‘‘Electronic submissions’’. AGENCY: Fish and Wildlife Service, May or November of 2003 following I C. In paragraph (b)(1), remove the Interior. supertyphoon Pongsona; however, 34 words ‘‘in WordPerfect 9.0 format or adults were observed in December 2003 ACTION: Final rule. earlier releases’’. (L. Williams, pers. comm. 2004). I 5. Amend § 1104.6 by adding the SUMMARY: We, the U.S. Fish and Osmoxylon mariannense following sentence at the end of the Wildlife Service (Service), determine section: endangered status and critical habitat In 2000, a survey conducted by prudency pursuant to the Endangered biologists with the CNMI DFW § 1104.6 Timely filing required. Species Act of 1973, as amended (Act), identified six living, and five dead, * * * If the e-filing option is chosen for two plant species: Nesogenes individual trees on Rota (L. Arriola, in (for those pleadings and documents that rotensis (no common name) and litt. 2000). A survey conducted in 2002 are appropriate for e-filing, as Osmoxylon mariannense (no common by Taisacan confirmed eight determined by reference to the name). Nesogenes rotensis and occurrences in this same vicinity, again information on the Board’s Web site), Osmoxylon mariannense are found only with only one living mature tree in then the e-filed pleading or document is on the island of Rota in the U.S. each. Osmoxylon mariannense timely filed if the e-filing process is Commonwealth of the Northern Mariana individuals were defoliated during completed before 5 p.m. eastern time on Islands (CNMI). Based on a public supertyphoon Pongsona; however, are the due date. comment, we have re-examined the leafing out and appear to be recovering I 6. Amend §1104.12 by revising basis of recognition of (E. Taisacan, pers. comm. 2003). paragraph (a) to read as follows: Tabernaemontana rotensis as a distinct Tabernaemontana rotensis § 1104.12 Service of pleadings and papers. endemic species on Rota and the U.S. Territory of Guam, and are not listing Tabernaemontana rotensis has been (a) Generally. Every document filed this species as endangered. This rule recognized as an endemic species on with the Board should include a implements the protection and recovery Guam and Rota by most who have certificate showing simultaneous service provisions afforded by the Act for these studied the flora of the Marianas upon all parties to the proceeding. species. (Fosberg in Stone 1980, Raulerson pers. Service on the parties should be by the comm., Herbst pers. comm.) and is DATES: same method and class of service used This rule is effective May 10, recognized as distinct by the in serving the Board, with charges, if 2004. government of Guam. Nevertheless, in any, prepaid. One copy should be FOR FURTHER INFORMATION CONTACT: Gina an authoritative monographic work on served on each party. If service is made M. Shultz, Acting Field Supervisor, the the genus in the Old World on the Board in person, and personal Pacific Islands Fish and Wildlife Office; (Leeuwenberg 1991), it was submerged service on other parties is not feasible, telephone, 808/792–9400; facsimile, in an expansive interpretation of the service should be made by first-class or 808/792–9581. widespread species T. pandacaqui, express mail. If a document is filed with SUPPLEMENTARY INFORMATION: which was originally described from the VerDate mar<24>2004 15:12 Apr 07, 2004 Jkt 203001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 18500 Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations Philippines, but that in Leeuwenberg’s Summary of Comments and 2000. We received oral comments from interpretation ranges from southern Recommendations a representative from the Mayor’s office China to Australia and includes several In our June 1, 2000, proposed rule and on Rota and four representatives from dozen previously recognized species. associated notifications, we requested the CNMI DLNR at this public hearing. Differences of this sort are not that all interested parties submit Representatives of the Mayor’s office uncommon regarding species or groups comments, data, or other information and the CNMI DLNR also responded by of related species that have broad and that might contribute to the letter or e-mail during the first comment discontinuous ranges. Prompted in part development of a final rule. A 60-day period. This final rule has been revised and by a comment from the Air Force, we comment period closed on July 31, updated to reflect the comments and have re-examined the basis for 2000. Appropriate CNMI and information received during the recognition of T. rotensis as a distinct Government of Guam agencies, Federal comment periods. We address those agencies, and other interested parties endemic species and now consider substantive comments concerning the were contacted and requested to Leeuwenberg’s treatment to be the most rule in the summary that follows. credible taxonomic interpretation of the comment. A legal notice announcing the native Tabernaemontana of Guam and publication of the listing proposal was Peer Review Rota. Since we have no authority to list published in the Marianas Variety Our Interagency Cooperative Policy plants at a level below subspecies or newspaper on June 16, 2000, and the for Peer Review in Endangered Species variety, and there is no indication that Pacific Daily News on June 23, 2000. Act Activities published in the Federal T. pandacaqui is endangered or During this period we received one Register (59 FR 34270) states that the threatened throughout all or a request for a public hearing from the Service will incorporate independent significant portion of its range, we are CNMI DFW. On October 30, 2000, we peer review in listing decisions during not listing T. rotensis. Despite this gave notice in the Federal Register (65 the public comment period in the determination, we recognize that native FR 64649) and the Marianas Variety of following manner: (1) solicit the expert Tabernaemontana is an important the public hearing to be held on the opinions of a minimum of three natural resource and an element of the island of Rota and reopened the public appropriate and independent specialists comment period until November 29, native biodiversity of these two islands. regarding pertinent scientific and 2000. On November 16, 2000, we held It is perfectly appropriate that local commercial data and assumptions a public hearing at the Rota Resort, Rota. relating to the taxonomy, population authorities seek to conserve this species, We reopened the public comment but under our current understanding of models, and supportive biological and period on January 9, 2004, because we ecological information for species under its taxonomy, it does not qualify for believed that additional review was consideration for listing; and (2) protection under the Act.
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