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Endangered and Threatened Wildlife and Plants; Determinations of Whether Designation of Critical Habitat is Prudent for 81 Plants and Proposed Designations for 76 Plants From the Islands of Kauai and Niihau, Hawaii

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[Federal Register: January 18, 2001 (Volume 66, Number 12)]
[Proposed Rules]
[Page 4782-4783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja01-37]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG71


Endangered and Threatened Wildlife and Plants; Determinations of
Whether Designation of Critical Habitat is Prudent for 81 Plants and
Proposed Designations for 76 Plants From the Islands of Kauai and
Niihau, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and public hearing.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice of a
public hearing on the prudency determinations for 81 plants and the
proposed critical habitat designations for 76 plants from the islands
of Kauai and Niihau, Hawaii. In addition, the comment period which
originally closed on January 8, 2001, will be reopened. The new comment
period and hearing will allow all interested parties to submit oral or
written comments on the proposal. We are seeking comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested parties
concerning the proposed rule. Comments already submitted on the
proposed rule need not be resubmitted as they will be fully considered
in the final determination.

DATES: The comment period for this proposal now closes on February 19,
2001. Any comments received by the closing date will be considered in
the final decision on this proposal. The public hearing will be held
from 1:00 p.m. to 3:00 p.m. and 6:00 p.m. to 8:00 p.m. on Tuesday,
February 6, 2001, on the island of Kauai, Hawaii. Prior to the public
hearing, the Service will be available from 12:30 to 1:00 p.m. and from
5:30 to 6:00 p.m. to provide information and to answer questions.

ADDRESSES: The public hearing will be held at the Radisson Kauai Beach
Resort, Pakalana Room, 4331 Kauai Beach Drive, Lihue, Kauai. Comments
and materials concerning this proposal should be sent to the Field
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Ecoregion
Office, 300 Ala Moana Boulevard, Room 3-122, P.O. Box 50088, Honolulu,
Hawaii 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: Paul Henson, at the above address,
phone 808-541-3441, facsimile 808-541-3470.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2000, the Service published a notice of prudency
determinations for 81 plants species and proposed designations of
critical habitat for 76 plant species from the islands of Kauai and
Niihau, Hawaii, pursuant to the Endangered Species Act of 1973, as
amended (Act) in the Federal Register (65 FR 66808). The original
comment period closed on January 8, 2001. The comment period now closes
on February 19, 2001. Written comments should be submitted to the
Service (see ADDRESSES section).
    A total of 95 species historically found on Kauai and Niihau were
listed as endangered or threatened species under the Act, between 1991
and 1996. Some of these species may also occur on other Hawaiian
islands. At the time each plant was listed, we determined that
designation of critical habitat was not prudent because designation
would increase the degree of threat to the species and/or would not
benefit the species.
    Due to litigation, we reconsidered our previous prudency
determinations for the 95 plants. From this review, we are proposing
that critical habitat is prudent for 76 of these species because the
potential benefits of designating critical habitat essential for the
conservation of these species outweigh the risks of designation. We are
proposing that the designation of critical habitat is not prudent for
five species. The remaining 14 species historically found on Kauai and/
or Niihau, no longer occur on these islands. However, these species do
occur on other islands, so proposed prudency determinations will be
made in future rules addressing plants on those islands.
    This proposed rule also proposes designation of critical habitat
for the 76 species. Twenty-three critical habitat units, covering a
total of 24,539.23 hectares (60,636.42 acres), are proposed for
designation on the islands of Kauai and Niihau.
    Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.), requires
that a public hearing be held if it is requested within 45 days of the
publication of a proposed rule. In response to a request from a
government agency of the State of Hawaii, the Service will hold a
public hearing on the date and at the address described in the DATES
and ADDRESSES sections above.
    Anyone wishing to make an oral statement for the record is
encouraged

[[Page 4783]]

to provide a written copy of their statement and present it to the
Service 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 to the
length of written comments presented at the hearing or mailed to the
Service. Legal notices announcing the date, time, and location of the
hearing will be published in newspapers concurrently with the Federal
Register notice.
    Comments from the public regarding the accuracy of this proposed
rule are sought, especially regarding:
    (1) The reasons why critical habitat for any of these species is
prudent or not prudent;
    (2) The reasons why any particular area should or should not be
designated as critical habitat for any of these species;
    (3) Specific information on the amount and distribution of habitat
for any of these species;
    (4) Land use practices and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
    (5) Any economic or other relevant impacts resulting from the
proposed designations of critical habitat, including any impacts on
small entities or families; and
    (6) Economic and other potential values associated with designating
critical habitat for the 76 plant species such as those derived from
non-consumptive uses (e.g., hiking, camping, birding, enhanced
watershed protection, increased soil retention, ``existence values'',
and reductions in administrative costs).
    Reopening of the comment period will enable the Service to respond
to the request for a public hearing on the proposed action. The comment
period on this proposal now closes on February 19, 2001. Written
comments should be submitted to the Service office listed in the
ADDRESSES section.

Author

    The primary authors of this notice Benton Pang and Christa Russell
(see ADDRESSES section).

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

    Dated: January 3, 2001.
Rowan W. Gould,
Acting Regional Director, Region 1, Fish and Wildlife Service.
[FR Doc. 01-659 Filed 1-17-01; 8:45 am]
BILLING CODE 4310-55-P

 
 

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