[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Proposed Rules]
[Page 6853-6854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R1-ES-2007-0024; 92220-1113-0000-C6]
RIN 1018-AU96

Endangered and Threatened Wildlife and Plants; Removing the
Hawaiian Hawk From the Federal List of Endangered and Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability of draft post-delisting
monitoring plan; reopening of public comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft post-delisting monitoring plan (draft PDM
Plan) for the Hawaiian hawk (Buteo solitarius) and the reopening of the
public comment period for the proposed rule to remove (delist) the
Hawaiian hawk from the Federal List of Endangered and Threatened
Wildlife. If the proposed rule to delist the Hawaiian hawk is made
final, we intend to monitor the hawk, in cooperation with the State of
Hawaii and other conservation partners, through island-wide surveys
every 5 years for a period of 20 years, from 2012 to 2032. We are
soliciting review and comment on this draft PDM plan from local, State,
and Federal agencies, and the public. We are also reopening the comment
period on the proposed rule to ensure that the public has full access
to the draft PDM Plan while commenting on the proposed rule.

DATES: Comments from all interested parties on the Hawaiian hawk draft
PDM Plan and proposed rule must be received on or before April 13,

ADDRESSES: The draft PDM Plan may be downloaded from our Web site at
http://www.fws.gov/pacificislands. To request a copy of the draft PDM
Plan, write to our Pacific Islands Fish and Wildlife Office, U.S. Fish
and Wildlife Service, 300 Ala Moana Blvd., Rm. 3-122, Box 50088,
Honolulu, Hawaii 96850; or call 808-792-9400, or send an e-mail request
to karen_marlowe@fws.gov. Specify whether you want to receive a
hardcopy by U.S. mail or an electronic copy by e-mail.
    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: RIN 1018-AU96; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.
    Although you may request a copy of the draft PDM plan via e-mail or
fax, we will not accept comments on the draft PDM or the proposed rule
via e-mail or fax. 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: Patrick Leonard, Field Supervisor,
Pacific Islands Fish and Wildlife Office, P.O. Box 50088, Honolulu, HI
96850; (telephone 808-792-9400). Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 800-877-8339, 24 hours a day, 7 days a week.



    We published the proposed rule to delist the Hawaiian hawk, due to
recovery, on August 6, 2008, with a 60-day comment period that closed
on October 6, 2008 (73 FR 45680). Several studies have shown that
range-wide population estimates have been stable for at least 20 years
and this species is not threatened with becoming endangered throughout
all or a significant portion of its range in the foreseeable future.
    Section 4(g)(1) of the ESA requires that we implement a system, in
cooperation with the States, to effectively monitor, for not less than
5 years, the status of all species that have been recovered and
delisted. Additionally, we are to make prompt use of the emergency
listing authority under section 4(b)(7) of the ESA if the recovered
species is presented with significant risk to its well being. In order
to meet the ESA's monitoring requirements, and to facilitate that
efficient collection of data, we have designed a draft plan to detect
changes in the status of the Hawaiian hawk.
    The Hawaiian hawk draft PDM Plan was developed in cooperation with
the Hawaii Department of Land and Natural Resources, Division of
Forestry and Wildlife (DOFAW), the National Park Service (NPS), and the
U.S. Geological Survey, Biological Resources Discipline (USGS-BRD). Our
Pacific Islands Fish and Wildlife Office (PIFWO) will have the lead
agency responsibility for this monitoring effort, and will coordinate

[[Page 6854]]

all phases of implementation of the plan and ensure that monitoring
requirements outlined within the plan are accomplished. The draft PDM
Plan proposes to conduct monitoring via island-wide variable circular
plot (VCP) surveys every 5 years for a period of 20 years, from 2012 to
2032. Before conducting the VCP surveys, we intend to conduct a brief
playback response study in 2010 to better define the hawk's response to
call playbacks, which will lead to more accurate hawk density and
population estimates. Details on the monitoring methods being proposed
are available in the draft PDM plan (available online at: http://

Viewing Documents

    Comments and materials we receive, as well as supporting
documentation we used in preparing the draft PDM Plan and 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, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96813 (808-

Public Comments Solicited

    We intend that any final action resulting from the proposal will be
as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning the proposed rule. If you previously submitted
comments on the proposed delisting rule, please do not resubmit them,
as we have already incorporated them into the public record and will
fully consider them in our final decision.
    We also request comments on the Hawaiian hawk draft PDM Plan. We
will take into consideration the substantive comments that we receive
by the comment due date indicated above in the DATES section. These
comments and any additional information received, may lead us to adopt
a final PDM Plan that differs from this draft PDM Plan. Comments merely
stating opposition to the draft PDM Plan without providing supporting
data are not as helpful.

Public Availability of Comments

    Before including your address, phone number, electronic mail
address, or other personal identifying information in your comment, you
should be aware that your entire document--including your personal
identifying information--may be publicly available at any time. While
you may request at the top of your document that we withhold this
information from public review, we cannot guarantee that we will be
able to do so.


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

    Dated: February 2, 2009.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E9-2914 Filed 2-10-09; 8:45 am]