Vol. 81 Thursday, No. 184 September 22, 2016 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for Five Species From American Samoa; Final Rule VerDate Sep<11>2014 19:27 Sep 21, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22SER2.SGM 22SER2 asabaliauskas on DSK3SPTVN1PROD with RULES 65466 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR may warrant protection through listing • Habitat loss and fragmentation or if it is endangered or threatened degradation due to agriculture and Fish and Wildlife Service throughout all or a significant portion of urban development, nonnative its range. Listing a species as an ungulates, and nonnative plants. 50 CFR Part 17 endangered or threatened species can • Collection for commercial purposes only be completed by issuing a rule. (snails only). [Docket No. FWS–R1–ES–2015–0128; • 4500030113] Critical habitat is to be designated, to Predation by nonnative snails and the maximum extent prudent and nonnative flatworms (snails only). • RIN 1018–AZ97 determinable, for any species Predation by feral cats and rats. • Small numbers of individuals and Endangered and Threatened Wildlife determined to be an endangered or threatened species under the Act. populations. and Plants; Endangered Status for Five Existing regulatory mechanisms do not Species From American Samoa What this rule does. This rule will finalize the listing of two American adequately address these threats. AGENCY: Fish and Wildlife Service, Samoa land snails, Eua zebrina (no Environmental effects from climate Interior. common name) and Ostodes strigatus change are likely to exacerbate many of these threats, and may become a direct ACTION: Final rule. (no common name), the American Samoa distinct population segment threat to all five species in the future. Peer review and public comment. We SUMMARY: We, the U.S. Fish and (DPS) of the friendly ground-dove sought comments on our proposal from Wildlife Service (Service), determine (Gallicolumba stairi), and the Pacific 16 independent specialists to ensure endangered status under the sheath-tailed bat (South Pacific that our determination is based on Endangered Species Act of 1973, as subspecies) (Emballonura semicaudata scientifically sound data, assumptions, amended, for two endemic American semicaudata; ‘‘bat’’ or ‘‘Pacific sheath- and analyses. We also considered all Samoan land snails (Eua zebrina and tailed bat’’ hereafter) and the mao comments and information received Ostodes strigatus), the American Samoa (Gymnomyza samoensis) as endangered during the public comment periods and distinct population segment of the species. public hearing. friendly ground-dove, the Pacific Delineation of critical habitat sheath-tailed bat, (South Pacific requires, within the geographical area Previous Federal Action subspecies) (Emballonura semicaudata occupied by the species, identification semicaudata), and the mao Please refer to the proposed listing of the physical or biological features rule, published in the Federal Register (Gymnomyza samoensis). The effect of essential to the species’ conservation. this regulation will be to add these on October 13, 2015 (80 FR 61568), for Information regarding the life functions previous Federal actions for these species to the List of Endangered and and habitats associated with these life Threatened Wildlife. species prior to that date. The functions is complex, and informative publication of the proposed listing rule DATES: This rule becomes effective data are largely lacking for the five opened a 60-day public comment period October 24, 2016. species from American Samoa. A careful that closed on December 14, 2015. We ADDRESSES: This final rule is available assessment of the areas that may have published a public notice of the on the internet at http:// the physical or biological features proposed rule on October 21, 2015, in www.regulations.gov and http:// essential for the conservation of the the local Samoa News newspaper, at the www.fws.gov/pacificislands. Comments species and that may require special beginning of the comment period. On and materials we received, as well as management considerations or January 5, 2016 (81 FR 214), we supporting documentation we used in protections, and thus qualify for published a notice reopening the preparing this rule, are available for designation as critical habitat, will comment period for an additional 30 public inspection at http:// require a thorough assessment. We days in order to allow interested parties www.regulations.gov. Comments, require additional time to analyze the more time to comment on the proposed materials, and documentation that we best available scientific data in order to rule. In that same document, we considered in this rulemaking will be identify specific areas appropriate for announced the date and time of the available by appointment, during critical habitat designation and to public hearing and informational normal business hours at: U.S. Fish and prepare and process a proposed rule. meeting held on January 21, 2016, Wildlife Service, Pacific Islands Fish Accordingly, critical habitat is not Tutuila Island, American Samoa. The and Wildlife Office, 300 Ala Moana determinable at this time. second comment period closed on Boulevard, Room 3–122, Honolulu, HI The basis for our action. Under the February 4, 2016. In total, we accepted 96850; by telephone at 808–792–9400; Act, we can determine that a species is public comments on the proposed rule or by facsimile at 808–792–9581. an endangered or threatened species for 90 days. FOR FURTHER INFORMATION CONTACT: based on any of five factors: (A) The Mary Abrams, Field Supervisor, Pacific present or threatened destruction, Summary of Comments and Islands Fish and Wildlife Office, 300 modification, or curtailment of its Recommendations Ala Moana Boulevard, Honolulu, HI habitat or range; (B) Overutilization for We solicited comments during the 60- 96850, by telephone 808–792–9400 or commercial, recreational, scientific, or day public comment period (80 FR by facsimile 808–792–9581. Persons educational purposes; (C) Disease or 61568, October 13, 2015), in a reopened who use a telecommunications device predation; (D) The inadequacy of comment period between January 5 and for the deaf (TDD) may call the Federal existing regulatory mechanisms; or (E) February 4, 2016 (81 FR 214, January 5, Information Relay Service (FIRS) at Other natural or manmade factors 2016), and during a public hearing held 800–877–8339. affecting a species continued existence. in American Samoa on January 21, SUPPLEMENTARY INFORMATION: One or more of the five American 2016. We also contacted appropriate Samoa species are experiencing Federal and Territorial agencies, Executive Summary population-level impacts as a result of scientific experts and organizations, and Why we need to publish a rule. Under the following current and ongoing other interested parties and invited the Endangered Species Act, a species threats: them to comment on the proposal. In VerDate Sep<11>2014 19:27 Sep 21, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22SER2.SGM 22SER2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations 65467 addition, for the Pacific sheath-tailed additional information, clarifications, Peer Review Comments on the Pacific bat and the mao, we contacted the and suggestions to improve the final Sheath-Tailed Bat Convention on International Trade in rule. Two peer reviewers agreed (2) Comment: Two peer reviewers Endangered Species of Wild Fauna and particularly with our evaluation of provided additional references and Flora (CITES) management and scientific data informing our assessment personal observations regarding the scientific authorities competent to issue of the conservation status of the Pacific foraging behavior and habitat of the comparable documentation in the sheath-tailed bat. Similarly, three peer species E. semicaudata and other bats in countries of Samoa, Fiji, Tonga, and reviewers agreed particularly with our the family Emballonuridae (Kalko 1995, Vanuatu seeking comment on the assessment of the conservation status of pp. 262–265; Gorreson et al. 2009, p. proposed rule. All substantive the two snails, Eua zebrina and Ostodes 336; Valdez et al. 2011, pp. 306–307; information provided during the strigatus, and one peer reviewer agreed Marques et al. 2015, pp. 6–EV–9–EV). comment periods has either been Our Response: We have incorporated incorporated directly into this final particularly with our status assessment all new relevant information regarding determination or is addressed below. of the mao and friendly ground-dove. the bat’s foraging behavior and foraging During the comment periods, we Peer reviewer comments are addressed received a total of 16 comment letters on in the following summary and habitat in this final rule. (3) Comment: One peer reviewer the proposed listing of the 5 species incorporated into the final rule as reported the discovery of previously from American Samoa. We received appropriate (see also Summary of helpful information from the National Changes from Proposed Rule). unknown caves with appropriate habitat Park of American Samoa about their for the Pacific sheath-tailed bat on Tau General Peer Reviewer Comments surveys, monitoring, and mapping of Island. The commenter