[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Proposed Rules]
[Pages 59956-59957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27797]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R1-ES-2009-0036; MO 92210 50083 B2]
RIN 1018-AV47


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion 
nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout 
Their Ranges

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our July 8, 2009, proposal to 
list two species of Hawaiian damselflies, the flying earwig Hawaiian 
damselfly (Megalagrion nesiotes) and the Pacific Hawaiian damselfly (M. 
pacificum), as endangered under the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.).

DATES: The comment period for the proposed rule published July 8, 2009 
(74 FR 32490) is reopened. To allow us adequate time to consider and 
incorporate submitted information into our review, we request that we 
receive information on or before December 21, 2009.

ADDRESSES: 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: FWS-R1-ES-2009-0036, Division of Policy and Directives 
Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.

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: Loyal Mehrhoff, Field Supervisor, 
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 
50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-
9581. If you use a telecommunications device for the deaf (TDD), you 
may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We reopen the public comment period on our July 8, 2009, proposal 
(74 FR 32490) to list two species of Hawaiian damselflies: the flying 
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly, as 
endangered under the Act (16 U.S.C. 1531 et seq.). Some peer review 
comments have already been received during the initial comment period 
on the proposal and may be found at http://www.regulations.gov. In 
order to allow for additional peer review, we are reopening the comment 
period for an additional 30 days. Comments previously received on this 
proposal need not be resubmitted, as they are already incorporated in 
the public record and will be fully considered in

[[Page 59957]]

the final determination. We request information from the public, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties concerning the status of these species. We 
are seeking information regarding:
    (1) Biological, commercial trade, or other relevant data concerning 
threats (or lack thereof) to these species and regulations that may be 
addressing those threats;
    (2) Additional information concerning the range, distribution, and 
population sizes of these species, including the locations of any 
additional populations of these species;
    (3) Any information on the biological or ecological requirements of 
these species;
    (4) Current or planned activities in the areas occupied by these 
species and their possible impacts on these species;
    (5) Which physical and biological factors are essential to the 
conservation of each species and whether those features may require 
special management considerations or protections;
    (6) Which specific areas are essential to the conservation of each 
species; and
    (7) The reasons why any areas should or should not be designated as 
critical habitat as provided by section 4 of the Endangered Species Act 
of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), including whether 
the benefits of designation would outweigh the threats to the species 
that designation could cause, such that the designation of critical 
habitat is prudent.

Please note that submissions merely stating support for or opposition 
to the action under consideration without providing supporting 
information, although noted, will not be considered in making a 
determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.'' Information previously submitted need not 
be resubmitted as it has already been incorporated into the public 
record and will be fully considered.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
submission--including any personal identifying information--will be 
posted on the Web site. If your submission is made via a hard copy that 
includes personal identifying information, you may request at the top 
of your document that we withhold this information from public review. 
However, we cannot guarantee we will be able to do so. We will post all 
hard copy comments on http://www.regulations.gov. Please include 
sufficient information with your comments to allow us to verify any 
scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation used to prepare this notice, will be available for public 
inspection at 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 (see the FOR FURTHER INFORMATION 
CONTACT section).

Background

    On July 8, 2009, we published a proposed rule to list two species 
of Hawaiian damselflies: the flying earwig Hawaiian damselfly and the 
Pacific Hawaiian damselfly, as endangered under the Act (74 FR 32490). 
We determined that critical habitat for these two Hawaiian damselflies 
is prudent but not determinable at this time.
    We are reopening the public comment period on this proposed rule in 
response to a request from the public to provide time for the 
compilation and submission of additional information relevant to the 
threat factors affecting these two Hawaiian damselflies. This proposal, 
if made final, would extend the Act's protection to these species. The 
Service seeks data and comments from the public on our proposed rule. 
In order to allow for the public to review these comments and have an 
opportunity to comment, we are reopening the public comment period for 
30 days.
    The flying earwig Hawaiian damselfly and the Pacific Hawaiian 
damselfly are unique insects found only in Hawaii and nowhere else in 
the world. Historically found on the islands of Hawai`i and Maui, the 
flying earwig Hawaiian damselfly has not been seen on the island of 
Hawai`i for over 80 years. Currently, the species is known only from 
one location on Maui. The primary threats to the flying earwig Hawaiian 
damselfly are: habitat loss and degradation due to agriculture and 
urban development, stream modifications, feral pigs, and nonnative 
plants; natural catastrophes such as hurricanes and landslides; 
predation by nonnative insects and bullfrogs; and the demographic and 
genetic consequences of small population size.
    The Pacific Hawaiian damselfly was historically found on all of the 
main Hawaiian Islands except Kaho`olawe and Ni`ihau. This species is 
found at lower elevations and breeds predominantly in standing water 
such as marshes, ponds, and pools along stream channels. Currently, the 
Pacific Hawaiian damselfly is known only from the islands of Hawai`i, 
Maui and Moloka`i. The primary threats to the Pacific Hawaiian 
damselfly are: habitat loss and modification by agriculture and urban 
development, stream modifications, and nonnative plants; natural 
catastrophes such as hurricanes, drought, and landslides; and predation 
by nonnative fish, insects, and bullfrogs.
    We are seeking public comment on our proposal to list the flying 
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly as 
endangered. If we finalize this rule as proposed, it would extend the 
Act's protections to these species.

References Cited

    A complete list of all references cited in the proposed rule is 
available on the Internet at http://www.regulations.gov or by 
contacting the Pacific Islands Fish and Wildlife Office (see the FOR 
FURTHER INFORMATION CONTACT section).

Authors

    The primary authors of this notice are the staff members of the 
Pacific Islands Fish and Wildlife Office.

Authority

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

    Dated: November 10, 2009.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-27797 Filed 11-18-09; 8:45 am]
BILLING CODE 4310-55-P