[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Proposed Rules]
[Pages 11131-11132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4379]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH70


Endangered and Threatened Wildlife and Plants; Determinations of 
Prudency and Proposed Designations of Critical Habitat for Plant 
Species From the Islands of Maui and Kahoolawe, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period, and public hearing 
announcement.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice of a 
public hearing on the prudency determinations for 38 plants, and the 
proposed critical habitat designations for 50 plants from the islands 
of Maui and Kahoolawe, Hawaii. In addition, the comment period which 
originally closed on February 16, 2001, will be reopened. The new 
comment period and hearing will allow all interested parties to submit 
oral or written comments on the proposal. We are seeking comments or 
suggestions from the public, other concerned agencies, the scientific 
community, industry, or any other interested parties concerning the 
proposed rule. Comments already submitted on the proposed rule need not 
be resubmitted as they will be fully considered in the final 
determination.

DATES: The comment period for this proposal now closes on April 2, 
2001. Any comments received by the closing date will be considered in 
the final decision on this proposal. The public hearing will be held 
from 1:00 p.m. to 3:00 p.m. and 6:00 p.m. to 8:00 p.m. on March 20, 
2001, on the island of Maui, Hawaii. Prior to the public hearing, the 
Service will be available from 12:30 to 1:00 p.m. and from 5:30 p.m. to 
6:00 p.m. to provide information and to answer questions. The Service 
will also be available for questions after each hearing session.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Pacific 
Islands Ecoregion Office, 300 Ala Moana Boulevard, Room 3-122, P.O. Box 
50088, Honolulu, Hawaii 96850. Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.
    The public hearing will be held at the Renaissance Wailea Beach 
Resort, Wailea Ballroom, 3550 Wailea Alanui Drive, Wailea, Hawaii.

FOR FURTHER INFORMATION CONTACT: Paul Henson, at the above address, 
phone 808-541-3441, facsimile 808-541-3470.

SUPPLEMENTARY INFORMATION:

Background

    On December 18, 2000, the Service published notice of prudency 
determinations for 38 plant species and proposed designations of 
critical habitat for 50 plant species from the islands of Maui and 
Kahoolawe, Hawaii, pursuant to the Endangered Species Act of 1973, as 
amended (Act) in the Federal Register (65 FR 79192). The original 
comment period closed on February 16, 2001. The comment period now 
closes on April 2, 2001. Written comments should be submitted to the 
Service (see ADDRESSES section).
    A total of 69 species historically found on Maui and Kahoolawe were 
listed as endangered or threatened species under the Act between 1991 
and 1999. Some of these species may also occur on other Hawaiian 
islands. At the time each plant was listed, with the exception of six 
species, we determined that designation of critical habitat was not 
prudent because designation would increase the degree of threat to the 
species and/or would not benefit the species. We determined that 
designation of critical habitat was prudent for Clermontia samuelii, 
Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 
hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis, and 
Kanaloa kahoolawensis at the time of their listing in 1999.
    Due to litigation, we reconsidered our previous prudency 
determinations for 63 plants. From this review, we are proposing that 
critical habitat is prudent for 37 of these species because the 
potential benefits of designating critical habitat essential for the 
conservation of these species outweigh the risks of designation. We are 
proposing that the designation of critical habitat is not prudent for 
one species, Acaena exigua, because such designation would be of no 
benefit to this species, which may be extinct and for which no genetic 
material is currently known. In another proposed rule we determined 
that critical habitat was prudent for 11 species that occur on Maui 
and/or Kahoolawe as well as on Kauai (65 FR 66808). The remaining 14 
species historically found on Maui and/or Kahoolawe, no longer occur on 
these islands. However, these species do occur on other islands, so 
proposed prudency determinations will be made in future rules 
addressing plants on those islands.
    This proposed rule also proposes designation of critical habitat 
for 50 plant species. Fifty-two critical habitat units, covering 13,574 
hectares (33,614 acres) on Maui and 4 units covering 207 hectares (512 
acres) on Kahoolawe are proposed for designation.
    Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.), requires 
that a public hearing be held if it is requested within 45 days of the 
publication of a proposed rule. In response to a request from a 
government agency of the State of Hawaii, the Service will hold a 
public hearing on the date and at the address described in the DATES 
and ADDRESSES sections above.
    Anyone wishing to make an oral statement for the record is 
encouraged

[[Page 11132]]

to provide a written copy of their statement and present it to the 
Service at the hearing. In the event there is a large attendance, the 
time allotted for oral statements may be limited. Oral and written 
statements receive equal consideration. There are no limits to the 
length of written comments presented at the hearing or mailed to the 
Service. Legal notices announcing the date, time, and location of the 
public hearing will be published in newspapers concurrently with the 
Federal Register notice.
    Comments from the public regarding the accuracy of this proposed 
rule are sought, especially regarding:
    (1) The reasons why critical habitat for any of these species is 
prudent or not prudent;
    (2) The reasons why any particular area should or should not be 
designated as critical habitat for any of these species;
    (3) Specific information on the amount and distribution of habitat 
for any of these species;
    (4) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (5) Any economic or other relevant impacts resulting from the 
proposed designations of critical habitat, including any impacts on 
small entities or families; and
    (6) Economic and other potential values associated with designating 
critical habitat for the 50 plant species such as those derived from 
non-consumptive uses (e.g., hiking, camping, birding, enhanced 
watershed protection, increased soil retention, ``existence values'', 
and reductions in administrative costs).
    Reopening of the comment period will enable the Service to respond 
to the request for a public hearing on the proposed action. The comment 
period on this proposal now closes on April 2, 2001. Written comments 
should be submitted to the Service office listed in the ADDRESSES 
section.

Author

    The primary authors of this notice are Christa Russell and Michelle 
Stephens (see ADDRESSES section).

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

    Dated: February 13, 2001.
Rowan W. Gould,
Acting Regional Director, Region 1, Fish and Wildlife Service.
[FR Doc. 01-4379 Filed 2-21-01; 8:45 am]
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