[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Proposed Rules]
[Pages 37867-37868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15441]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 110207102-2084-02]
RIN 0648-BA81


Endangered and Threatened Wildlife and Plants; Proposed 
Rulemaking To Revise Critical Habitat for Hawaiian Monk Seals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; notice of 6-month extension of the deadline for 
a final critical habitat determination.

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SUMMARY: We, National Marine Fisheries Service (NMFS), published a 
proposed rule in the Federal Register on June 2, 2011, proposing to 
revise critical habitat for the Hawaiian monk seal under the Endangered 
Species Act (ESA) and requesting information related to the proposed 
action. This document announces a 6-month extension of the deadline for 
a final determination on the proposed rule. Based on comments received 
during the public comment period, we find that substantial disagreement 
exists regarding the sufficiency and accuracy of the data and analyses 
used to support the scope of the proposed critical habitat designation 
in the Main Hawaiian Islands. Accordingly, we are extending the 
deadline for the final revision to critical habitat for the Hawaiian 
monk seal an additional 6 months to further analyze data and consider 
concerns raised by State, Federal, and other entities, and better 
inform our determinations for the final revision of Hawaiian monk seal 
critical habitat under the ESA.

DATES: A final revision will be made no later than December 2, 2012.

ADDRESSES: The proposed rule, maps, and other materials relating to 
this proposal can be found on the NFMS Pacific Island Region's Web site 
at http://www.fpir.noaa.gov/PRD/prd_critical_habitat.html.

FOR FURTHER INFORMATION CONTACT: Jean Higgins, NMFS, Pacific Islands 
Regional Office, (808) 944-2157; Lance Smith, NMFS, Pacific Islands 
Regional Office, (808) 944-2258; or Dwayne Meadows, NMFS, Office of 
Protected Resources (301) 427-8403.

SUPPLEMENTARY INFORMATION:

[[Page 37868]]

Background

    On June 2, 2011, we published a proposed rule to revise critical 
habitat for the Hawaiian monk seal (Monachus schauinslandi) by 
extending the current designation in the Northwestern Hawaiian Islands 
(NWHI) out to the 500-meter (m) depth contour and including Sand Island 
at Midway Islands; and by designating six new areas in the main 
Hawaiian Islands (MHI), pursuant to section 4 of the Endangered Species 
Act (ESA) (76 FR 32044; June 2, 2011). We received public comments in 
response to the proposed rule from June 2, 2011 through January 6, 
2012. Comments were received, through electronic submissions, letters 
and oral testimonies from public hearings held in Kaunakakai, Molokai; 
Kihei, Maui; Lihue, Kauai; Honolulu, Oahu; Hilo, Hawaii; and in Kailua 
Kona, Hawaii.
    Several commenters, including the Hawaii Department of Land and 
Natural Resources; the Western Pacific Regional Fishery Management 
Council; the State of Hawaii's House Committee on Water, Land, and 
Ocean Resources; and the State of Hawaii's Senate Committee on Water, 
Land, and Housing, have strongly criticized the scope of the proposed 
critical habitat designation. In particular comments focused on the 
sufficiency of the analysis and the accuracy of the description of the 
six physical or biological features that are identified as essential 
for the conservation of the species, as well as whether the areas 
proposed are appropriate for designation. Additionally, comments 
suggested that our identification of essential features and the science 
upon which they are based, did not rely on the best available science 
to support the delineation of the proposed designation. We have 
considered these comments, and we find that substantial disagreement 
exists over the identification of the essential features that support 
the scope of the proposed designation of critical habitat in the Main 
Hawaiian Islands, and whether these features are essential for the 
conservation of the species.

Extension of Critical Habitat Revision Determination

    The ESA, section 4(b)(6), requires that we take one of three 
actions within 1 year of a proposed revision to critical habitat: (1) 
Finalize the proposed revision; (2) withdraw the proposed revision; or 
(3) extend the final revision to critical habitat by not more than 6 
months. Section 4(b)(6)(B)(i) allows a 6-month extension of the 1-year 
deadline for a final revision if there is substantial disagreement 
regarding the sufficiency or accuracy of the available data relevant to 
the revision for the purposes of soliciting additional data.
    We have received multiple comments on the scope of the designation 
and the sufficiency or accuracy of the available data used to support 
this proposed rulemaking. In particular, commenters raised questions 
regarding the foraging ecology of Hawaiian monk seals in the main 
Hawaiian Islands and whether the areas proposed for designation address 
the foraging needs and preferences in this habitat. The State of 
Hawaii's Department of Land and Natural Resources submitted a comment 
disagreeing with the identified physical and biological features and 
describing an alternative approach for considering foraging areas for 
this designation. We are presently working with the State to obtain 
further information regarding the data and analysis they used to 
support their evaluation of foraging areas. Additionally, the Western 
Pacific Regional Fishery Management Council submitted a comment 
disagreeing with the delineation of areas used by monk seals for 
foraging in the main Hawaiian Islands. NMFS has released just over 20 
GPS-equipped cellular transmitter tags on seals in the main Hawaiian 
Islands in the past two years; we believe that further analysis of this 
data will provide additional information bearing on this dispute and 
may be sufficient to resolve it.
    As a result of these comments, NMFS is extending the final revision 
to critical habitat for 6 months pursuant to section 4(b)(6)(B)(i). An 
additional 6 months will allow us to further evaluate the data used by 
the State, as well as analyze information received from GPS-equipped 
cellular transmitter tags in the main Hawaiian Islands. To ensure that 
the final rule is based solely on the best available scientific 
information, it is essential to resolve the substantial disagreement 
regarding the identification and analysis of the essential features 
which support the scope of the designation; therefore, we conclude that 
a 6-month extension of the final revision to critical habitat for the 
Hawaiian monk seal is warranted.
    Although not a basis for the extension, we will also use this 
period to further evaluate all comments received regarding the 
potential economic impacts of the proposed designation.
    In consideration of the disagreement surrounding the scope of this 
proposed designation, we extend the timeline for the final designation 
for an additional 6 months (until December 2, 2012) to resolve the 
disagreement.

Classification

Regulatory Planning and Review (E.O. 12866)

    This notice has been determined to be not significant for purposes 
of E.O. 12866. A draft Economic Analysis report and draft ESA section 
4(b)(2) report (NMFS, 2010b) were prepared to support the exclusion 
process under section 4(b)(2) of the ESA and our consideration of 
alternatives to this rulemaking as required under E.O. 12866. The draft 
Economic Analysis report (ECONorthwest, 2010) and draft ESA section 
4(b)(2) report (NMFS, 2010b) are available on the Pacific Islands 
Region Web site at http://www.fpir.noaa.gov/PRD/prd_critical_habitat.html.

    Authority:  16 U.S.C. 1531 et seq.

    Dated: June 19, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2012-15441 Filed 6-22-12; 8:45 am]
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