[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Proposed Rules]
[Pages 11133-11134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4381]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH10


Endangered and Threatened Wildlife and Plants; Prudency 
Determinations for Eight Plant Species From the Hawaiian Islands, and 
Proposed Critical Habitat Designations for Eighteen Plant Species From 
the Island of Lanai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension 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 8 plants and the 
proposed critical habitat designations for 18 plants from the island of 
Lanai, Hawaii. In addition, the comment period which will close on 
February 26, 2001, will be extended. 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 6:00 p.m. to 8:00 p.m. on March 22, 2001, on the island of Lanai, 
Hawaii. Prior to the public hearing, the Service will be available 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 the hearing.

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 
Lanai Public Library Meeting Room, Fraser Avenue, Lanai City, Hawaii.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2000, the Service published notice of prudency 
determinations for 8 plant species and proposed designations of 
critical habitat for 18 plant species from the island of Lanai, Hawaii, 
pursuant to the Endangered Species Act of 1973, as amended (Act) in the 
Federal Register (65 FR 82086). The original comment period will close 
on February 26, 2001. The comment period now closes on April 2, 2001. 
Written comments should be submitted to the Service (see ADDRESSES 
section).
    A total of 37 species historically found on Lanai 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 three 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 Hedyotis schlechtendahliana var. 
remyi, Labordia tinifolia var. lanaiensis, and Melicope munroi at the 
time of their listing in 1999.
    Due to litigation, we reconsidered our previous prudency 
determinations for 34 plants. From this review, we are proposing that 
critical habitat is prudent for eight 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, Phyllostegia grabra var. lanaiensis, which is no longer 
extant in the wild, and for which no genetic material is currently 
known.

[[Page 11134]]

Such designation would not be beneficial to this species. In other 
proposed rules we determined that critical habitat was prudent for nine 
species that occur on Lanai as well as on Kauai, Niihau, Maui, or 
Kahoolawe (65 FR 66808; 65 FR 79192). The remaining 17 species 
historically found on Lanai no longer occur on this island. 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 18 plant species. Ten critical habitat units, covering 1,953 
hectares (4,826 acres), are proposed for designation on the island of 
Lanai.
    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 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 18 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. 01-4381 Filed 2-21-01; 8:45 am]
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