Determinations of Prudency and Proposed Designations of Critical Habitat for Plant Species From the Islands of Maui and Kahoolawe, Hawaii; Proposed rule

We, the U.S. Fish and Wildlife Service, have reconsidered our findings concerning whether designating critical habitat for 38 federally protected plants from the islands of Maui and Kahoolawe, some of which may also occur on other Hawaiian Islands, listed between 1991 and 1996, would be prudent. 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 plant. We have determined that critical habitat is prudent for 37 of these species since the potential benefits of designating critical habitat essential for the conservation of these species outweigh the risks of designation that may result from human activity. We propose that designation of critical habitat is not prudent for one species, which is no longer extant in the wild and for which no genetic material is currently extant, because such designation would not be beneficial to this species. We propose critical habitat designations for a total of 50 species in 52 units on Maui and 4 units on Kahoolawe at this time. The approximate land area within these units totals 13,574 hectares (33,614 acres) on Maui and 207 hectares (512 acres) on Kahoolawe. This proposed rule includes proposed designations for 33 of the 37 species mentioned above. Critical habitat is not proposed for four species that are currently only found in areas on Maui that are permanently protected and managed. In addition, critical habitat is being proposed for six other species from Maui and Kahoolawe that were listed in 1999. We are also proposing critical habitat on Maui and Kahoolawe for 11 species which also occur on Kauai. We solicit data and comments from the public on all aspects of this proposal, including data on the economic and other impacts of the proposed designations. We may revise this proposal to incorporate or address new information received during the comment period.