Browse: Departments Dates Agencies
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
CFR Citation: 50 CFR Part 17
FWS ID: [FWS-R1-ES-2007-0006; 92210-1117-0000-B4]
RIN ID: RIN 1018-AU93
NOTICE: PROPOSED RULES
ACTION: Endangered and Threatened Wildlife and Plants:
DOCUMENT ACTION: Proposed rule; notice of reopening of public comment period, and notice of public hearings.
SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Revised Proposed Designation of Critical Habitat for 12 Species of Picture-Wing Flies From the Hawaiian Islands
DATES: Written Comments: We will accept comments and information until April 25, 2008, or at the public hearings. Any comments received after the closing date may not be considered in the final decision on the designation of critical habitat.
Public Hearings: Two public hearings will be held, one on the island of Hawaii on April 8, 2008, from 7 p.m. to 8:30 p.m; and one on Oahu on April 10, 2008, from 7 p.m. to 8:30 p.m. An informal informational session will precede each hearing from 5 p.m. to 6:30 p.m.
DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period and the scheduling of public
hearings on the revised proposed rule to designate critical habitat for
12 species of Hawaiian picturewing flies (Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D.
[[Page 12066]]
montgomeryi, D. mulli, D. musaphilia, D. neoclavisetae, D. obatai, D.
ochrobasis, D. substenoptera, and D. tarphytrichia) on the islands of
Hawaii, Kauai, Maui, Molokai, and Oahu, under the Endangered Species
Act of 1973, as amended (Act). The reopened comment period will provide
the public, other concerned governmental agencies, the scientific
community, industry, or any other interested parties with an additional
opportunity to submit written comments on the revised proposed rule.
Comments previously submitted need not be resubmitted as they have
already been incorporated into the public record and will be fully
considered in any final decisions.
SUMMARY: Revised Proposed Designation of Critical Habitat for 12 Species of Picture-wing Flies From the Hawaiian Islands,
SUPPLEMENTAL INFORMATION
Public Comments Solicited We intend that any final action resulting from this revised
proposal will be as accurate and as effective as possible. Therefore,
we solicit comments or suggestions on this revised proposed rule from
the public, other concerned governmental agencies, the scientific
community, industry, or any other interested parties. We particularly seek comments concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether the benefit of designation is outweighed by
the threats to each species caused by their respective designations
such that the designation of critical habitat is not prudent; (2) Specific information on:
(4) Any foreseeable economic, national security, or other potential impacts resulting from the revised proposed designation and, in particular, any impacts on small entities, and the benefits of including or excluding areas that exhibit these impacts;
(5) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments;
(6) Information on management plans and partnerships, including: (a) The benefits provided by a management plan; (b) how the plan addresses the physical and biological features in the absence of designated critical habitat; (c) the specific conservation benefits to the 12 Hawaiian picturewing flies; (d) the certainty of implementation of the management plans; and (e) the benefits of excluding from the critical habitat designation the areas covered by the management plan. We are particularly interested in knowing how partnerships may be positively or negatively affected by a designation, or through exclusion from critical habitat, and costs associated with the designation; and
(7) Our proposed exemption of 78 acres (ac) (31 hectares (ha)) of lands currently managed under the U.S. Army's Oahu Integrated Natural Resources Management Plan (INRMP), and whether this INRMP provides a benefit to the species and, therefore, exempts these lands from designation.
You may submit your comments and materials concerning the revised proposed rule by one of the methods listed in the ADDRESSES section. We will not accept comments sent by email or fax or to an address not listed in the ADDRESSES section. We will accept written comments at the public hearings. We will not accept anonymous comments; your comment must include your first and last name, city, State, country, and postal (zip) code. Finally, we will not consider handdelivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in the DATES section.
We will post your entire commentincluding your personal identifying informationon http://www.regulations.gov. If you provide personal identifying information in addition to the required items specified in the previous paragraph, such as your street address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting documentation we used in preparing the revised 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 (see FOR FURTHER INFORMATION CONTACT).
Comments and information submitted during the initial comment
period on the revised proposed rule need not be resubmitted as they will be incorporated
[[Page 12067]]
into the public record as part of that comment period and will be fully considered in preparation of the final rule.
Background
On November 28, 2007, we published a revised proposed rule in the Federal Register (72 FR 67428) to designate critical habitat for 12 Hawaiian picturewing flies. Several of the critical habitat units overlap, and the revised proposed designation totals 9,238 ac (3,738 ha) within 32 occupied units on the islands of Hawaii, Kauai, Maui, Molokai, and Oahu. Of these lands, we are exempting 78 ac (31 ha) of land from the proposed critical habitat revision under section 4(a)(3)(B)(i) of the Act that are covered by the U.S. Army Garrison Hawaii Oahu Training Areas Natural Resource Management (Final Report, August 2000) and the Oahu Integrated Natural Resource Management Plan 20022006 (Army 2000) which has been determined to provide a benefit for the species.
An economic analysis identifying estimated impacts associated with the revised proposed critical habitat designation for the 12 Hawaiian picturewing flies is being developed. When this analysis is completed, we will provide a separate notice informing the public of its availability and the opportunity for public comment.
Critical habitat is defined in section 3(5)(A) of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time of listing in accordance with the Act, on which are found those physical or biological features:
(a) Essential to the conservation of the species and
(b) Which may require special management considerations or protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time of listing if the Secretary determines that those areas are essential for the conservation of the species.
For each species, if the revised proposed critical habitat designation is finalized, section 7(a)(2) of the Act would require that Federal agencies ensure that actions they fund, authorize, or carry out are not likely to jeopardize the continued existence of the species or result in the destruction or adverse modification of critical habitat.
Section 4(b)(2) of the Act requires that we designate or revise critical habitat on the basis of the best scientific and commercial data available, after taking into consideration economic, national security, and any other relevant impacts of specifying any particular area as critical habitat.
Public Hearings
Section 4(b)(5)(E) of the Act requires a public hearing be held if any person requests it within 45 days of the publication of a proposed rule. In response to requests from the public, the Service will conduct two public hearings for this critical habitat proposal on the dates and at the addresses and times identified in the DATES and ADDRESSES sections above.
Persons wishing to make an oral statement for the record are encouraged to provide a written copy of their statement and present it to us at the hearing. In the event there is a large attendance, the time allotted for oral statements may be limited. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us. If you have any questions concerning the public hearing, please contact the Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Persons needing reasonable accommodations in order to attend and participate in the public hearings should contact Mike Richardson, Pacific Islands Fish and Wildlife Office, at 8087929400 as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the hearing date. Information regarding this notice is available in alternative formats upon request. Author
The author of this document is the staff of the Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Authority
The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 22, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E84317 Filed 3508; 8:45 am]
BILLING CODE 431055P
FOR FURTHER INFORMATION CONTACT Patrick Leonard, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Blvd., Room 3 122, Honolulu, HI 96850; telephone 8087929400; facsimile 808792 9581. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 8008778339.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 26 CFR Part 301 50 CFR Part 622 39 CFR Part 111 40 CFR Part 300 44 CFR Part 65 50 CFR Part 660 40 CFR Part 271 40 CFR Parts 52 and 81 47 CFR Part 64 50 CFR Part 665 49 CFR Part 571 44 CFR Part 64 14 CFR Part 23 47 CFR Part 76 50 CFR Part 229