[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Proposed Rules]
[Pages 77464-77465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31876]


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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, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period and notice of 
availability of draft economic analysis.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of the draft economic analysis for the proposed 
designations of critical habitat for 47 plant species from the island 
of Hawaii. The comment period for the proposed critical habitat 
designations originally closed on July 29, 2002. On August 26, 2002, we 
reopened the comment period and provided notice that the comment period 
would close on September 30, 2002. On September 24, 2002, we announced 
two public hearings and extended the comment period to allow all 
interested parties to submit oral or written comments on the proposal 
until November 30, 2002. We are now providing notice of another 
extension of the comment period to allow peer reviewers and all 
interested parties to comment simultaneously on the proposed rule and 
the associated draft economic analysis. Over a 10-year period, the 
draft economic analysis shows a range of total direct costs for both 
the plant species listings and critical habitat to be estimated at 
$53.1 million to $71.8 million and some of the indirect costs could be 
substantially larger. Comments previously submitted need not be 
resubmitted as they will be incorporated into the public record as part 
of this extended comment period and will be fully considered in 
preparation of the final rule.

DATES: We will accept public comments until January 17, 2003.

ADDRESSES: Send your written comments and information to Field 
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001or e-mail your 
comments to FW1PIE--Hawaii--Island-- [email protected]. To obtain a 
copy of the draft economic analysis, send a written requests to the 
address listed above, call 808/541-3441, or visit the following 
Internet site: http://pacificislands.fws.gov. For further instructions 
on commenting, refer to Public Comments Solicited section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific 
Islands Office, at the above address (telephone: 808/541-3441; 
facsimile: 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 2002, we published in the Federal Register (67 FR 36968) 
a proposed rule to propose critical habitat for 47 of the 58 plant 
species known historically from the island of Hawaii that are 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.
    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 brackenridgei, 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 rule for plants from 
Hawaii. In addition, in the May 28, 2002, proposal we proposed that 
designation of critical habitat was not prudent for two species of 
loulu palm, Pritchardia affinis and Pritchardia schattaueri, because it 
would likely increase the threat from vandalism or collection of these 
species on the island of Hawaii. We also 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, because these species have not been seen in the wild since 1957 
and 1927, respectively, and no viable genetic material is known to 
exist. We further 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 stictophylla, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Isodendrion hosakae, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum,

[[Page 77465]]

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.
    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 
brackenridgei, 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, Zanthoxylum 
dipetalum var. tomentosum, and Zanthoxylum hawaiiense). We did not 
propose critical habitat for 4 (Cyanea copelandii ssp. copelandii, 
Ochrosia kilaueaensis, Pritchardia affinis, and Pritchardia 
schattaueri) of the 58 species for the reasons given above, and we did 
not propose critical habitat for 7 species (Cenchrus agrimonioides, 
Ctenitis squamigera, Hedyotis cookiana, Mariscus pennatiformis, 
Phlegmariurus mannii, Phyllostegia parviflora, and Plantago princeps) 
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 was published May 28, 2002.
    Critical habitat receives protection from destruction or adverse 
modification through required consultation under section 7 of the Act 
(16 U.S.C. 1531 et seq.) with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 4(b)(2) of the Act requires 
that the Secretary shall designate or revise critical habitat based 
upon the best scientific and commercial data available, and after 
taking into consideration the economic impact of specifying any 
particular area as critical habitat. We have prepared a draft economic 
analysis of the proposed critical habitat designation. The draft 
economic analysis is available on the Internet and from the mailing 
address listed below in the Public Comments Solicited section.
    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 in the Federal Register (67 FR 54766) a notice reopening 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. On 
September 24, 2002, we announced two public hearings and extended the 
comment period to allow all interested parties to submit oral or 
written comments on the proposal until November 30, 2002 (67 FR 59811). 
We are now announcing the availability of the draft economic analysis 
and another extension of the comment period for the proposed 
designations and non-designations of critical habitat for plant species 
on the island of Hawaii. Over a 10-year period, the draft economic 
analysis shows a range of total direct costs for both the plant species 
listings and critical habitat to be estimated at $53.1 million to $71.8 
million and some of the indirect costs could be substantially larger. 
However, many of the indirect costs shown in the analysis result from 
uncertain and possibly unlikely future private and governmental 
actions, and we expressly request comments as to the likelihood of 
these actions occurring and of the indicated costs from these possible 
actions being incurred. We will accept public comments on the proposal 
and the associated draft economic analysis for the island of Hawaii 
until the date specified above in DATES. The extension of the comment 
period gives all interested parties the opportunity to comment on the 
proposal and the associated draft economic analysis for the island of 
Hawaii. 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.

Public Comments Solicited

    If you wish to provide written comments, you may submit your 
comments and materials concerning this proposal by any of several 
methods:
    (1) You may submit written comments and information to the Field 
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001.
    (2) You may send comments by electronic mail (e-mail) to: FW1PIE--
Hawaii-- Island--[email protected]. If you submit comments by e-mail, 
please submit them as an ASCII file and avoid the use of special 
characters and any form of encryption. Please also include ``Attn: RIN 
1018-AH02'' and your name and return address in your e-mail message. If 
you do not receive a confirmation from the system that we have received 
your e-mail message, contact us directly by calling our Honolulu Fish 
and Wildlife Office at telephone number 808/541-3441.
    (3) You may hand-deliver comments to our Honolulu Fish and Wildlife 
Office at the address given above under (1).
    Comments and materials received, as well as supporting 
documentation used in preparation of the proposal to designate critical 
habitat, will be available for inspection, by appointment, during 
normal business hours at the address under (1) above.
    Copies of the draft economic analysis are available on the Internet 
at http://pacificislands.fws.gov or by request from the Field 
Supervisor at the address and phone number listed in ADDRESSES.

Author

    The primary author of this document is Michelle Mansker (see 
ADDRESSES section).

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

    Dated: December 11, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-31876 Filed 12-17-02; 8:45 am]
BILLING CODE 4310-55-P