[Federal Register Volume 67, Number 185 (Tuesday, September 24, 2002)]
[Proposed Rules]
[Pages 59811-59813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24248]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH02


Endangered and Threatened Wildlife and Plants; Designations of 
Critical Habitat for Plant Species From the Island of Hawaii, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period, and pubic hearing 
announcement.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice of 
two public hearings on the proposed critical habitat designations for 
47 plants from the island of Hawaii. The comment period for the 
proposed critical habitat designations originally closed on July 29, 
2002. The comment period was reopened on August 26, 2002, and was 
scheduled to close on September 30, 2002. We are now announcing two 
public hearings and are extending the comment period to 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 November 30, 
2002. Any comments received by the closing date will be considered in 
the final decision on this proposal. Two public hearings will be held 
on the island of Hawaii, on Tuesday, October 29, 2002, in Kailua-Kona 
from 5:30 p.m. to 8:30 p.m. and on Wednesday, October 30, 2002, in Hilo 
from 6:00 p.m. to 8:00 p.m. Prior to both public hearings, the Service 
will be available from 3:30 to 4:30 p.m. to provide information and to 
answer questions. The Service will also be available for questions 
after the hearings.

ADDRESSES: The public hearing in Kailua-Kona will be held at the King 
Kamehameha Hotel, 75-5660 Palani Road, Kailua-Kona, HI. The public 
hearing in Hilo will be held at the Hawaii Naniloa Resort, 93 Banyon 
Dr., Hilo, HI. Comments and materials concerning this proposal 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 
(telephone 808/541-3441; facsimile 808/541-3470).

SUPPLEMENTARY INFORMATION:
    The public hearing scheduled in Kailua-Kona for the proposed 
critical habitat designations for 47 plants from the island of Hawaii 
announced in this Federal Register notice and the public hearing for 
the proposal to designate critical habitat for Blackburn's sphinx moth 
announced in a separate Federal Register notice are scheduled for the 
same date, time, and location as a matter of convenience to the public. 
We will accept comments at the Kailua-Kona public hearing on the 
proposed critical habitat designations for 47 plants from the island of 
Hawaii, as well as the proposal to designate critical habitat for 
Blackburn's sphinx moth.

Background

    On May 28, 2002, we published a proposed critical habitat rule for 
47 of the 58 plant species listed under the Endangered Species Act of 
1973, as amended (Act) (16 U.S.C. 1531 et seq.), known historically 
from the island of Hawaii (67 FR 36968).
    A total of 58 species historically found on the island of Hawaii 
were listed as endangered or threatened species under the Act between 
1991 and 1996. Some of these species may also occur on other Hawaiian 
islands. In previously published proposals we proposed that critical 
habitat was prudent for 31 (Achyranthes mutica, Adenophorus periens, 
Asplenium fragile var. insulare, Bonamia menziesii, Cenchrus 
agrimonioides, Clermontia lindseyana, Clermontia peleana, Colubrina 
oppositifolia, Ctenitis squamigera, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis 
coriacea, Hibiscus brakenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Mariscus fauriei, Mariscus pennatiformis, Phlegmariurus 
mannii, Phyllostegia parviflora, Plantago princeps. Portulaca 
sclerocarpa, Sesbania tomentosa, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, and Zanthoxylum hawaiiense) of the 58 species reported from 
the island of Hawaii. No change is made to the 31 proposed prudency 
determinations in the May 28, 2002, proposed critical habitat rule for 
plants from Hawaii. In the May 28, 2002, proposal we proposed that 
designation of critical habitat was not prudent for two species, 
Pritchardia affinis and Pritchardia schattaueri, because it would 
likely increase the threat from vandalism or collection of these 
species on the island of Hawaii (67 FR 36968). In addition, we proposed 
that critical habitat designation was not prudent for two species, 
Cyanea copelandii ssp. copelandii and Ochrosia kilaueaensis, known only 
from the island of Hawaii, that have not been seen in the wild since 
1957 and 1927, respectively, and for which no viable genetic material 
is known to exist (67 FR 36968). In the May 28, 2002, proposed critical 
habitat rule, we proposed that designation of critical habitat is 
prudent for 23 species (Argyroxiphium kauense, Clermontia 
drepanomorpha, Clermontia pyrularia, Cyanea hamatiflora ssp. carlsonii, 
Cyanea platyphylla, Cyanea shipmanii, Cyanea sticophylla, Cyrtandra 
giffardii,

[[Page 59812]]

Cyrtandra tintinnabula, Hibiscadelphus giffardianus, Hibiscadelphus 
hualalaiensis, Isodendrion hosakae, Melicope zahlbruckneri, Neraudia 
ovata, Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Plantago hawaiensis, Pleomele 
hawaiiensis, Sicyos alba, Silene hawaiiensis, and Zanthoxylum dipetalum 
var. tomentosum) for which prudency determinations had not been made 
previously (67 FR 36968).
    We also proposed designation of critical habitat for 47 plant 
species (Achyranthes mutica, Adenophorus periens, Argyroxiphium 
kauense, Asplenium fragile var. insulare, Bonamia menziesii, Clermontia 
drepanomorpha, Clermontia lindseyana, Clermontia peleana, Clermontia 
pyrularia, Colubrina oppositifolia, Cyanea hamatiflora ssp. carlsonii, 
Cyanea platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis coriacea, 
Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, Hibiscus 
brakckenridgei, Ischaemum byrone, Isodendrion hosakae, Isodendrion 
pyrifolium, Mariscus fauriei, Melicope zahlbruckneri, Neraudia ovata, 
Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia velutina, 
Phyllostegia warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, 
Portulaca sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene 
hawaiiensis, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Tetramolopium arenarium, Vigna o-wahuensis, Zanthroxylum 
dipetalum var. tomentosum, and Zanthoxylum hawaiiense). Critical 
habitat is not proposed for 4 (Cyanea copelandii spp. copelandii, 
Ochrosia kilaueaensis, Pritchardia affinis, and Pritchardia 
schattaueri) of the 58 species for the reasons given above. Critical 
habitat is not proposed for 7 (Cenchrus agrimonioides, Ctenitis 
squamigera, Hedyotis cookiana, Mariscus pennatiformis, Phlegmariurus 
mannii, Phyllostegia parviflora, and Plantago princeps) species which 
no longer occur on the island of Hawaii, and for which we are unable to 
determine any habitat that is essential to their conservation on the 
island of Hawaii.
    Twenty-eight critical habitat units, totaling approximately 176,968 
hectares (437,285 acres), are proposed for designation for 47 plant 
species on the island of Hawaii. For locations of these proposed units, 
please consult the proposed rule (67 FR 36968) that was published May 
28, 2002.
    Section 4(b)(5)(E) of the Act requires that a public hearing be 
held if it is requested within 45 days of the publication of a proposed 
rule. We received two requests from recreational hunting organizations 
to hold public hearings, however, one of the requests was received more 
than 45 days after publication of the proposal. In response to the 
initial request and as a matter of convenience to the public we will 
hold two public hearings on the dates and at the addresses described in 
the DATES and ADDRESSES sections.
    Anyone wishing to make an oral statement for the record is 
encouraged to provide a written copy of their statement and present it 
to us 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 us. 
Legal notices announcing the date, time, and location of the public 
hearing will be published in newspapers concurrently with the Federal 
Register notice.
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearing should contact Patti Carroll at 503/
231-2080 as soon as possible. In order to allow sufficient time to 
process requests, please call no later than 1 week before the hearing 
date.
    Information regarding this proposal is available in alternative 
formats upon request.
    Comments from the public regarding this proposed rule 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;
    (3) Specific information on the amount, distribution, and quality 
of habitat for the 47 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) Information usable under section 4(b)(2) of the Act, in 
determining if the benefits of excluding an area from critical habitat 
outweigh the benefits of specifying the area as critical habitat;
    (8) The effects of critical habitat designation on military lands, 
and how it would affect military activities, particularly military 
activities at the Pohakuloa Training Area lands on the island of 
Hawaii. Whether there will be a significant impact on military 
readiness or national security if we designate critical habitat on 
these facilities. Whether these facilities 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 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
    (12) Whether areas should be excluded under section 4(b)(2) of the 
Act because critical habitat designation would adversely impact other 
types of conservation partnerships that are beneficial to the species.
    The public comment period for the May 28, 2002, proposal (67 FR 
36968) originally closed on July 29, 2002. On August 26, 2002, we 
published a Federal Register notice (67 FR 54766) of the reopening of 
the comment period for the proposed designations and non-designations 
of critical habitat for plant species on the island of Hawaii, as well 
as for the proposed designations and non-designations of critical 
habitat for plant species on the islands of Kauai, Niihau, Molokai, 
Maui, Kahoolawe, Oahu, and the Northwestern Hawaiian Islands; and we 
announced that the comment period would close on September 30, 2002. We 
are now announcing two public hearings and the

[[Page 59813]]

extension of the comment period for the proposed designations and non-
designations of critical habitat for plant species on the island of 
Hawaii. We will accept public comments on the proposal for the island 
of Hawaii until November 30, 2002. The extension of the comment period 
gives all interested parties the opportunity to comment on the 
proposal. Comments already submitted on the proposed designations and 
non-designations of critical habitat for plant species from the island 
of Hawaii need not be resubmitted as they will be fully considered in 
the final determinations. Extension of the comment period will enable 
us to respond to the requests for a public hearing on the proposed 
action. Written comments should be submitted to the Service office 
listed in the ADDRESSES section. The comment period now closes on 
November 30, 2002.

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: September 16, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-24248 Filed 9-23-02; 8:45 am]
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