[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Proposed Rules]
[Pages 31073-31074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12432]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI25


Endangered and Threatened Wildlife and Plants; Determinations of 
Prudency of Critical Habitat Designation for Two Mammal and Four Bird 
Species in Guam and the Commonwealth of the Northern Mariana Islands; 
Designations of Critical Habitat for One Mammal and Two Bird Species in 
Guam and the Commonwealth of the Northern Mariana Islands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period, notice of 
availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the 
reopening of the public comment period for the proposed rule to 
designate critical habitat for the Mariana fruit bat and the Guam 
Micronesian kingfisher on Guam, and the Mariana crow on Guam and Rota. 
We have received a proposed natural resource management plan from Guam 
since the close of the comment period, and the comment period is 
reopened to allow additional time for all interested parties to 
consider this information and submit written comments on the Guam 
proposal. Comments already submitted on the proposed rule need not be 
resubmitted as they already have been incorporated into the public 
record and will be fully considered in the final determination.

DATES: The comment period for this proposal now closes on July 19, 
2004. Any comments received by the closing date will be considered in 
the final decision on this proposal.

ADDRESSES: Written comments and information should be submitted to the 
Acting 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: Gina Shultz, Assistant Field 
Supervisor, at the above address (telephone 808/792-9400; facsimile 
808/792-9580).

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2002, we proposed designating critical habitat on 
approximately 10,053 hectares (ha) (24,840 acres (ac)) in two units on 
the island of Guam for the Mariana fruit bat (Pteropus mariannus 
mariannus) and the Guam Micronesian kingfisher (Halcyon cinnamomina 
cinnamomina) (67 FR 63738). For the Mariana crow (Corvus kubaryi), we 
proposed designating critical habitat on approximately 9,325 ha (23,042 
ac) in two units on the island of Guam and approximately 2,462 ha 
(6,084 ac) in one unit on the island of Rota in the Commonwealth of the 
Northern Mariana Islands. On Guam, the boundaries of the proposed 
critical habitat units for the Mariana fruit bat and Guam Micronesian 
kingfisher are identical, and the boundaries of the proposed critical 
habitat for the Mariana crow are contained within these boundaries. On 
Rota, critical habitat is proposed only for the Mariana crow. For 
locations of these proposed units and additional information, please 
see the proposed rule (67 FR 63738).
    The original comment period for the proposed rule closed on 
December 16, 2002. On December 5, 2002, we published a notice in the 
Federal Register announcing an extension of the public comment period 
to January 6, 2003, and the availability of the draft economic analysis 
for the proposed designation of critical habitat (67 FR 72407). On 
January 28, 2003, we published a notice to reopen the comment period 
until February 18, 2003, due to hardships caused by Supertyphoon 
Pongsona on Guam and Rota (68 FR 4159). On May 30, 2003, the Government 
of Guam filed a motion to extend the court-ordered deadline for 
completing the critical habitat process to allow time to develop an 
alternative to critical habitat designation on Guam. On June 13, 2003, 
the Federal District Court for Guam extended the deadline for 
publication ``indefinitely,'' and set a status conference for October 
7, 2003. On June 23, 2003, the Plaintiffs filed a notice of appeal to 
the 9th Circuit from the District Court's June 13, 2003, order. On 
October 7, 2003, the District Court held a status conference in which 
the Government of Guam requested a continuance of one month. On October 
16, 2003, the Guam District Court

[[Page 31074]]

denied the request for further continuance and ruled that it would take 
no further action while the case was on appeal. On January 7, 2004, the 
U.S. Court of Appeals for the Ninth Circuit dismissed the appeal and 
returned the case to the District Court.

Public Comments Solicited

    Since the close of the comment period, we have received new 
information in the form of a proposed natural resource management plan 
(copy available upon request) from the Government of Guam. The comment 
period is reopened to allow additional time for all interested parties 
to consider the information and submit written comments on the 
proposal. In particular, we are interested in comments addressing the 
extent to which the proposed Guam plan would provide conservation 
benefits for the proposed critical habitat area, the comparative costs, 
or other impacts of Guam's proposal and the proposed critical habitat, 
and whether or not Guam's proposal would provide a basis for excluding 
areas from final critical habitat designation pursuant to sections 
4(b)(2) or 3(5)(A) of the Endangered Species Act.
    We will accept written comments and information received during 
this reopened comment period. If you wish to comment, you may send or 
hand-deliver written comments and information to the Acting Field 
Supervisor (see ADDRESSES section).
    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 Pacific Islands Fish and Wildlife Office 
(see ADDRESSES section). Copies of the proposed rule are available on 
the Internet at http://pacificislands.fws.gov or by request from the 
Acting Field Supervisor at the address above (see ADDRESSES section), 
by phone at 808/792-9400, or by facsimile at 808/792-9581.

Author

    The primary author of this notice is Fred Amidon, U.S. Fish and 
Wildlife Service, Pacific Islands Fish and Wildlife Office (see 
ADDRESSES section).

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

    Dated: May 25, 2004.
David P. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-12432 Filed 6-1-04; 8:45 am]
BILLING CODE 4310-55-P