[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Proposed Rules]               
[Page 27004-27005]
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; 92210-1113-0000-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 public hearings; reopening of public 
comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
schedule of public hearings on the proposed rule to remove (delist) the 
Hawaiian hawk (Buteo solitarius) from the Federal List of Endangered 
and Threatened Wildlife and the reopening of the public comment period 
on this proposed action. The public is invited to review and comment on 
the proposed rule and on the draft post-delisting monitoring plan 
(draft PDM Plan) for the Hawaiian hawk at the scheduled public hearings 
or in writing.

DATES: We will hold public hearings on the Island of Hawaii on June 30, 
2009, at the Pu`ueo Community Center, 145 Wainaku Street, Hilo, Hawaii, 
from 6 p.m. to 8 p.m., and on July 1, 2009, at Yano Hall, 82-6156 
Mamalahoa Highway, Captain Cook, Hawaii, from 6 p.m. to 8 p.m. The 
public hearings are being held to provide interested parties an 
opportunity to comment on the proposed rule and draft PDM Plan. We will 
also accept written comments on or before August 4, 2009.

ADDRESSES: The proposed rule to delist the Hawaiian hawk and the draft 
PDM Plan may be downloaded from our Web site at http://www.fws.gov/
pacificislands. To request a hardcopy of the proposed rule or the draft 
PDM Plan, write to: Field Supervisor, Attention: Hawaiian Hawk Proposed 
Delisting/Draft PDM Plan, 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 jay_nelson@fws.gov.
    You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to docket number FWS-

[[Page 27005]]

     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.
     Verbal testimony or delivery of written comments to 
hearing officials at the public hearing.
    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 Availability of Comments section below for more 

FOR FURTHER INFORMATION CONTACT: 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 a proposed rule to remove (delist) the Hawaiian hawk 
from the Federal List of Endangered and Threatened Wildlife, due to 
recovery, on August 6, 2008, with a 60-day comment period that closed 
on October 6, 2008 (73 FR 45680). In response to public requests for 
additional dialogue on our proposed rule we held two public information 
meetings, one on January 28, 2009, at the Pu`ueo Community Center, in 
Hilo, Hawaii, and the second on January 29, 2009, in Captain Cook, 
Hawaii. At those public meetings we presented information on our 
proposed delisting rule and draft PDM Plan and responded to questions. 
On February 11, 2009, we formally announced the availability of the 
draft PDM Plan for the Hawaiian hawk and reopened a 60-day public 
comment period that closed on April 13, 2009 (74 FR 6853). At the 
public meetings held on January 28 and 29, 2009, we received requests 
to hold a public hearing regarding our proposed delisting rule for the 
hawk. In response, we have scheduled two public hearings on the Island 
of Hawaii (see DATES) and are reopening the public comment period.

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 docket number FWS-R1-ES-2007-0024, or by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service Pacific Islands Fish and Wildlife Office (see ADDRESSES section 

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 or draft PDM plan. If you previously 
submitted comments on the proposed delisting rule or draft PDM plan, 
please do not resubmit them, as we have already incorporated them into 
the public record and will fully consider them in our final decision.

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: May 28, 2009.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-13116 Filed 6-4-09; 8:45 am]