[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Proposed Rules]
[Pages 54766-54767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21627]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG71, 1018-AH70, 1018-AH08, 1018-AH09, 1018-AH02, and 1018-
AI24


Endangered and Threatened Wildlife and Plants; Designations and 
Non-designations of Critical Habitat for Plant Species From the Islands 
of Kauai, Niihau, Maui, Kahoolawe, Molokai, Northwestern Hawaiian 
Islands, HI, and Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rules; reopening of comment periods, extension of 
comment period, availability of draft economic analyses.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice of 
the reopening of the comment periods for the proposed designations and 
non-designations of critical habitat for plant species on the islands 
of Kauai, Niihau, Molokai, Maui, Kahoolawe, Northwestern Hawaiian 
Islands, Hawaii, and Oahu. The new comment periods will allow all 
interested parties to submit written comments on these proposals 
simultaneously. We are seeking comments or suggestions from the public, 
other concerned agencies, the scientific community, industry, or any 
other interested parties concerning the proposed critical habitat 
designations. Comments already submitted on the proposed critical 
habitat designations and associated draft economic analyses need not be 
resubmitted as they will be fully considered in the final 
determinations.

DATES: The comment periods for the proposed designations and non-
designations of critical habitat for plant species on the islands of 
Kauai, Niihau, Molokai, Maui, Kahoolawe, Northwestern Hawaiian Islands, 
Hawaii, and Oahu now close on September 30, 2002. Any comments received 
by the closing date will be considered in the final decisions on these 
proposals.

ADDRESSES: Comments and materials concerning these proposals should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Pacific 
Islands Office, 300 Ala Moana Boulevard, Room 3-122, P.O. Box 50088, 
Honolulu, HI 96850. Comments and materials received will be available 
for public inspection, by appointment, during normal business hours at 
the above address.

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

SUPPLEMENTARY INFORMATION:  

Background

    On January 28, 2002, April 3, 2002, April 5, 2002, and May 14, 
2002, the Service published revised proposed critical habitat 
designations and non-designations for plant species listed under the 
Endangered Species Act of 1973, as amended (Act), known historically 
from the islands of Kauai and Niihau, Maui and Kahoolawe, Molokai, and 
the Northwestern Hawaiian Islands respectively (67 FR 3940, 67 FR 
15856, 67 FR 16492, and 67 FR 34522). The original comment periods 
closed on March 29, 2002, June 3, 2002, June 4, 2002, and July 15, 
2002, respectively. The comment periods for the proposed critical 
habitat designations and non-designations for plant species known 
historically from Kauai and Niihau, Maui and Kahoolawe, Molokai, and 
the Northwestern Hawaiian Islands now close on September 30, 2002.
    On July 15, 2002 (67 FR 46450), the Service reopened the comment 
period and announced the public hearing on the proposed critical 
habitat designation and non-designation for plant species known 
historically from Lanai. The public hearing was held on August 1, 2002, 
at the Lanai Public Library Meeting Room, Fraser Avenue, Lanai City, 
Lanai. The comment period for the proposed critical habitat designation 
and non-designation for plant species known historically from Lanai 
closes on August 30, 2002.
    The Service published proposed critical habitat designations and 
non-designations for plant species listed under the Act, known 
historically from the islands of Hawaii and Oahu on May 28, 2002 (67 FR 
36968 and 67 FR 37108). The original comment periods closed on July 29, 
2002. The comment periods on these two proposals now close on September 
30, 2002.
    The proposed rules propose designation of critical habitat for 83 
plant species from Kauai and Niihau; 61 plant species from Maui and 
Kahoolawe; 46 plant species from Molokai; 5 plant species from the 
Northwestern Hawaiian Islands; 47 plant species from the island of 
Hawaii; and, 99 species from Oahu. Some of these species are 
historically known from more than one island. Critical habitat was not 
proposed for seven species of loulu palm (Pritchardia affinis, P. 
aylmer-robinsonii, P. kaalae, P. napaliensis, P. munroi, P. 
schattaueri, and P. viscosa) because the designation of critical 
habitat would likely increase the threats from vandalism or collection 
of these species on the islands on which they occur. Critical habitat 
was not proposed for six species (Acaena exigua, Cenchrus agrimonioides 
var. laysanensis, Cyanea copelandii ssp. copelandii, Cyrtandra crenata, 
Melicope quadrangularis, and Ochrosia kilaueaensis) which had not been 
seen recently in the wild and for which no viable genetic material of 
these species was known to exist.
    Comments from the public regarding these proposed rules are sought, 
especially regarding:
    (1) The reasons why critical habitat for any of these species is 
prudent or not prudent as provided by section 4 of the Act and 50 CFR 
424.12(a)(1);
    (2) The reasons why any particular area should or should not be 
designated as critical habitat for any of these species, as critical 
habitat is defined by section 3 of the Act (16 U.S.C. 1532 (5));
    (3) Specific information on the amount, distribution, and quality 
of habitat for the species, and what habitat is essential to the 
conservation of the species and why;
    (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 impacts resulting from the proposed 
designations of critical habitat, including any impacts on small 
entities, energy development, low income households, and local 
governments;
    (6) Economic and other potential values associated with designating 
critical habitat for the above 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);
    (7) The appropriate methodology for determining if the benefits of 
excluding an area from critical habitat outweigh the benefits of 
specifying the area as critical habitat under section 4(b)(2) of the 
Act;
    (8) The effects of critical habitat designation on Department of 
Defense lands, and how it would affect military activities; whether 
there will be a significant impact on military readiness or national 
security if we designate critical habitat on Department of Defense 
lands; and whether these lands should be excluded from the designation 
under section 4(b)(2) of the Act;
    (9) Whether Department of Defense lands should be excluded from 
critical habitat based on an approved Integrated

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Natural Resource Management Plan (INRMP);
    (10) Whether areas which are managed for the conservation of the 
species should not be included in critical habitat because such areas 
do not meet the definition of critical habitat contained in section 
3(5)(A)(i) of the Act;
    (11) Whether areas covered by an approved conservation plan (e.g., 
Habitat Conservation Plans, Conservation Agreements, Safe Harbor 
Agreements) should be excluded from critical habitat and if so, by what 
mechanism; and
    (12) Whether areas should be excluded under section 4(b)(2) of the 
Act because critical habitat designation will impact other types of 
existing or future conservation partnerships that are beneficial to the 
species.
    In addition, we are seeking comments or suggestions on the 
associated draft economic analyses of the proposed critical habitat 
designations and non-designations for plant species from Kauai, Niihau, 
and Molokai. The draft economic analyses can be obtained from the 
Pacific Islands Office (see ADDRESSES section). We will solicit public 
review and comment on the associated draft economic analyses of the 
proposed critical habitat designations and non-designations for plant 
species from Maui and Kahoolawe, Northwestern Hawaiian Islands, Oahu, 
and the island of Hawaii in subsequent Federal Register notices.
    Reopening of the comment periods simultaneously will provide the 
public an opportunity to evaluate and comment on all of the areas 
proposed as critical habitat for each species, particularly the species 
located on more than one island. The comment periods for the proposed 
critical habitat designations for plant species known historically from 
Kauai and Niihau, Maui and Kahoolawe, Molokai, Northwestern Hawaiian 
Islands, island of Hawaii, and Oahu now close on September 30, 2002. 
The comment period for the proposed critical habitat designation for 
plant species known historically from Lanai closes on August 30, 2002 
(67 FR 46450). Written comments should be submitted to the Service 
office listed in the ADDRESSES section.

Author

    The primary author of this notice is Christa Russell (see ADDRESSES 
section).

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

    Dated: August 15, 2002.
David P. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-21627 Filed 8-23-02; 8:45 am]
BILLING CODE 4310-55-P