[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Proposed Rules]
[Page 59956-59957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no09-19]
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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