[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Proposed Rules]
[Pages 6853-6854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2914]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R1-ES-2007-0024; 92220-1113-0000-C6]
RIN 1018-AU96

Endangered and Threatened Wildlife and Plants; Removing the 
Hawaiian Hawk From the Federal List of Endangered and Threatened 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability of draft post-delisting 
monitoring plan; reopening of public comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of the draft post-delisting monitoring plan (draft PDM 
Plan) for the Hawaiian hawk (Buteo solitarius) and the reopening of the 
public comment period for the proposed rule to remove (delist) the 
Hawaiian hawk from the Federal List of Endangered and Threatened 
Wildlife. If the proposed rule to delist the Hawaiian hawk is made 
final, we intend to monitor the hawk, in cooperation with the State of 
Hawaii and other conservation partners, through island-wide surveys 
every 5 years for a period of 20 years, from 2012 to 2032. We are 
soliciting review and comment on this draft PDM plan from local, State, 
and Federal agencies, and the public. We are also reopening the comment 
period on the proposed rule to ensure that the public has full access 
to the draft PDM Plan while commenting on the proposed rule.

DATES: Comments from all interested parties on the Hawaiian hawk draft 
PDM Plan and proposed rule must be received on or before April 13, 

ADDRESSES: The draft PDM Plan may be downloaded from our Web site at 
http://www.fws.gov/pacificislands. To request a copy of the draft PDM 
Plan, write to our Pacific Islands Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, 300 Ala Moana Blvd., Rm. 3-122, Box 50088, 
Honolulu, Hawaii 96850; or call 808-792-9400, or send an e-mail request 
to [email protected]. Specify whether you want to receive a 
hardcopy by U.S. mail or an electronic copy by e-mail.
    You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AU96; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    Although you may request a copy of the draft PDM plan via e-mail or 
fax, we will not accept comments on the draft PDM or the proposed rule 
via e-mail or fax. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor, 
Pacific Islands Fish and Wildlife Office, P.O. Box 50088, Honolulu, HI 
96850; (telephone 808-792-9400). Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339, 24 hours a day, 7 days a week.



    We published the proposed rule to delist the Hawaiian hawk, due to 
recovery, on August 6, 2008, with a 60-day comment period that closed 
on October 6, 2008 (73 FR 45680). Several studies have shown that 
range-wide population estimates have been stable for at least 20 years 
and this species is not threatened with becoming endangered throughout 
all or a significant portion of its range in the foreseeable future.
    Section 4(g)(1) of the ESA requires that we implement a system, in 
cooperation with the States, to effectively monitor, for not less than 
5 years, the status of all species that have been recovered and 
delisted. Additionally, we are to make prompt use of the emergency 
listing authority under section 4(b)(7) of the ESA if the recovered 
species is presented with significant risk to its well being. In order 
to meet the ESA's monitoring requirements, and to facilitate that 
efficient collection of data, we have designed a draft plan to detect 
changes in the status of the Hawaiian hawk.
    The Hawaiian hawk draft PDM Plan was developed in cooperation with 
the Hawaii Department of Land and Natural Resources, Division of 
Forestry and Wildlife (DOFAW), the National Park Service (NPS), and the 
U.S. Geological Survey, Biological Resources Discipline (USGS-BRD). Our 
Pacific Islands Fish and Wildlife Office (PIFWO) will have the lead 
agency responsibility for this monitoring effort, and will coordinate

[[Page 6854]]

all phases of implementation of the plan and ensure that monitoring 
requirements outlined within the plan are accomplished. The draft PDM 
Plan proposes to conduct monitoring via island-wide variable circular 
plot (VCP) surveys every 5 years for a period of 20 years, from 2012 to 
2032. Before conducting the VCP surveys, we intend to conduct a brief 
playback response study in 2010 to better define the hawk's response to 
call playbacks, which will lead to more accurate hawk density and 
population estimates. Details on the monitoring methods being proposed 
are available in the draft PDM plan (available online at: http://www.fws.gov/pacificislands).

Viewing Documents

    Comments and materials we receive, as well as supporting 
documentation we used in preparing the draft PDM Plan and proposed 
rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours at 
the U.S. Fish and Wildlife Service Pacific Islands Fish and Wildlife 
Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96813 (808-

Public Comments Solicited

    We intend that any final action resulting from the proposal will be 
as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning the proposed rule. If you previously submitted 
comments on the proposed delisting rule, please do not resubmit them, 
as we have already incorporated them into the public record and will 
fully consider them in our final decision.
    We also request comments on the Hawaiian hawk draft PDM Plan. We 
will take into consideration the substantive comments that we receive 
by the comment due date indicated above in the DATES section. These 
comments and any additional information received, may lead us to adopt 
a final PDM Plan that differs from this draft PDM Plan. Comments merely 
stating opposition to the draft PDM Plan without providing supporting 
data are not as helpful.

Public Availability of Comments

    Before including your address, phone number, electronic mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire document--including your personal 
identifying information--may be publicly available at any time. While 
you may request at the top of your document that we withhold this 
information from public review, we cannot guarantee that we will be 
able to do so.


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

    Dated: February 2, 2009.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E9-2914 Filed 2-10-09; 8:45 am]