[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Proposed Rules]
[Pages 30827-30828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14249]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition To List the Oahu Elepaio From the Island of Oahu, Hawaii, 
With Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding on a petition to add the Oahu elepaio (Chasiempis 
sandwichensis gayi) to the List of Endangered and Threatened Wildlife 
under the Endangered Species Act of 1973 as amended. The Service finds 
that the petition presents substantial information indicating that 
listing this species may be warranted. A status review is initiated and 
a 12-month finding will be prepared. In addition, the Service is 
requesting comments on the petition to designate critical habitat for 
the species.

DATES: The finding announced in this document was made on May 23, 1995. 
Information and comments concerning this petition finding must be 
submitted by August 11, 1995 to be considered in the status review of 
this species.

ADDRESSES: Send comments and materials concerning this petition to 
Robert P. Smith, Ecoregion Manager, Pacific Islands Ecoregion, U.S. 
Fish and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 
50167, Honolulu, Hawaii 96850. The petition finding, supporting data, 
comments, and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith (see ADDRESSES 
section) (808-541-2749).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973 as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information indicating 
that the petitioned action may be warranted. This finding is to be 
based on the best scientific and commercial information available to 
the Service at the time the finding is made. To the maximum extent 
practicable, this finding is to be made within 90 days of the receipt 
of the petition, and the finding is to be published promptly in the 
Federal Register. If the Service finds that a petition presents 
substantial information indicating that a requested action may be 
warranted, then the Service initiates a status review on that species, 
which results in a finding that the petitioned action is unwarranted, 
warranted, or warranted but precluded due to pending proposals to list 
other species. In addition, upon receiving a petition to designate 
critical habitat the Service is to promptly conduct a review in 
accordance with the Administrative Procedure Act and applicable 
Department of Interior regulations.
    The Service has made a 90-day finding on a petition to list Oahu 
elepaio (Chasiempis sandwichensis gayi). On March 22, 1994, the Service 
received a petition dated March 21, 1994, from Mr. Vaughn Sherwood of 
Honolulu, Hawaii, to list the Oahu elepaio (Chasiempis sandwichensis 
gayi) as an endangered or threatened species with critical habitat. The 
Oahu elepaio is an endemic subspecies in the family Muscicapidae (Old 
world flycatchers) found only on the island of Oahu, Hawaii (Berger 
1981, Pratt et al. 1987). Threats to the species include habitat 
degradation and exotic diseases, predators, and competitors.
    The Service has reviewed the petition, literature cited in the 
petition, other available literature and information, and consulted 
with biologists familiar with the Oahu elepaio. On the basis of the 
best scientific and commercial information available, the Service finds 
the petition presents substantial information that listing this taxon 
may be warranted. This finding is based upon the following information: 
[[Page 30828]] 
    1. Present and threatened destruction, modification, and 
curtailment of habitat is caused by highway construction projects, the 
activities of introduced alien pigs, and the spread of introduced alien 
weeds (Ellis et al. 1993, Sherwood 1993).
    2. Diseases such as avian malaria and avian pox are thought to have 
contributed to the decline of this taxon (Ellis et al. 1993). 
Mosquitoes carrying alien diseases are now found throughout the entire 
range of the Oahu elepaio.
    3. Inadequacy of existing regulatory mechanisms to prevent 
continued loss of habitat associated with highway construction 
projects. This taxon currently receives no protection from federal or 
state activities which adversely affect its habitat.
    4. Other factors, including the relatively low number of 
individuals (ca. 200-500 birds) places this subspecies at risk of 
extinction due to inbreeding, stochastic events, and catastrophes 
(Ellis et al. 1993).
    More detailed information may be obtained from the Service's 
Pacific Islands Ecoregion. The Service is requesting comments on the 
petition to designate critical habitat for this species. Interested 
persons or parties are invited to submit data, information, and 
comments on the Oahu elepaio (see ADDRESSES section above).

References Cited

Berger, A.J. 1981. Hawaiian Birdlife. Second Edition. University of 
Hawaii Press, Honolulu. 260 pp.
Ellis, S., C. Kuehler, R. Lacy, K. Hughes, and U.S. Seal. 1993. 
Hawaiian Forest Birds Conservation Assessment and Management Plan. 
Captive Breeding Specialist Group.
Pratt, H.D., P.L. Bruner, and D.G. Berrett. 1987. The birds of 
Hawaii and the Tropical Pacific. Princeton University Press, 
Princeton. 409 pp.
Sherwood, V. 1993. The Oahu 'elepaio (Chasiempis sandwichensis 
gayi): population histories and habitat: island of Oahu, Hawaii. 
Honors Thesis, University of Hawaii, Manoa. 110 pp.

    Author. The author of this document is Dr. Loyal A. Mehrhoff, 
Ecological Services, Pacific Islands Ecoregion, (see ADDRESSES 
section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: May 23, 1995.
Bruce Blanchard,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 95-14249 Filed 6-9-95; 8:45 am]
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