[Federal Register: November 15, 2002 (Volume 67, Number 221)]
[Proposed Rules]
[Page 69179-69180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no02-24]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH94
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Blackburn's Sphinx Moth
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of availability of draft economic
analysis.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of the draft economic analysis for the proposed
designations of critical habitat for the Blackburn's sphinx moth
(Manduca blackburni) on the islands of Maui, Hawaii, Molokai, and
Kahoolawe, Hawaii. The comment period to allow peer reviewers and all
interested parties to comment simultaneously on the proposed rule (67
FR 54763) and the associated draft economic analysis currently ends on
December 30, 2002. Over a 10-year period, the draft economic analysis
shows a range of direct costs from $1.2 to 1.9 million, and the
possibility of indirect costs approaching $500 million. However, many
of the indirect costs shown in the analysis result from uncertain and
possibly unlikely future private and governmental actions, and we
expressly request comments as to the likelihood of these actions
occurring and of the indicated costs from these possible actions being
incurred. Comments previously submitted need not be resubmitted as they
will be incorporated into the public record as part of this extended
comment period and will be fully considered in preparation of the final
rule.
DATES: We will accept public comments until December 30, 2002. Any
comments received by the closing date will be considered in the final
decision on this proposal.
ADDRESSES: Written comments and information should be submitted to
Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands
Office, 300 Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001.
Copies of the draft economic analysis are available on the Internet at
http://pacificislands.fws.gov or by request from the Field Supervisor
at above address and 808/541-3441. For further instructions on
commenting, refer to Public Comments Solicited section of this notice.
FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific
Islands Office, at the above address (telephone: 808/541-3441;
facsimile: 808/541-3470).
SUPPLEMENTARY INFORMATION:
Background
An initial comprehensive Notice of Review for Invertebrate Animals
was published in the Federal Register on May 22, 1984 (49 FR 21664). In
that notice, we identified Blackburn's sphinx moth as a category 3A
taxon. Category 3A taxa were those for which we had persuasive evidence
of extinction. We published an updated Notice of Review for animals on
January 6, 1989 (54 FR 554). Although Blackburn's sphinx moth had been
rediscovered by 1985, in the 1989 Notice of Review this taxon was again
identified as category 3A. In the next Notice of Review on November 15,
1994 (59 FR 58982), this species was reclassified as a category 1
candidate for listing. Category 1 candidates were those taxa for which
we had on file sufficient information on biological vulnerability and
threats to support preparation of listing proposals. Beginning with our
February 28, 1996, Notice of Review (61 FR 7596), we discontinued the
designation of multiple categories of candidates, and only those taxa
meeting the definition of former category 1 candidates are now
considered candidates for listing purposes. In the February 28, 1996,
Notice of Review, we identified Blackburn's sphinx moth as a candidate
species (61 FR 7596). A proposed rule to list Blackburn's sphinx moth
as endangered was published on April 2, 1997 (62 FR 15640). In the
September 19, 1997, Notice of Review (62 FR 49398), this species was
included as proposed for endangered status.
A final listing rule, listing the Blackburn's sphinx moth as
endangered, was published in the Federal Register on February 1, 2000
(65 FR 4770). In that final rule, we determined that critical habitat
designation for the moth would be prudent, and we also indicated that
we were not able to develop a proposed critical habitat designation for
the species at that time due to budgetary and workload constraints.
On June 2, 2000, we were ordered by the U.S. District Court for the
District of Hawaii (in Center for Biological Diversity v. Babbitt,
Civil No. 99-00603) to publish the final critical habitat designation
for Blackburn's sphinx moth by February 1, 2002. The plaintiffs and the
Service have entered into a consent decree agreeing to extend the
deadline to May 30, 2003. Center for Biological Diversity, et al. v.
Norton, Civ. No. 99-00603 (Aug. 22, 2002).
In response to the court order, on June 13, 2002, we published a
proposed critical habitat rule for the Blackburn's sphinx moth. The
species is known historically from the islands of Hawaii, Kauai, Maui,
Molokai, and Oahu, and known currently from the islands of Hawaii,
Kahoolawe, and Maui (67 FR 40633). We proposed a total of approximately
40,240 hectares (99,433 acres) on the islands of Maui, Hawaii, Molokai,
and Kahoolawe.
Critical habitat receives protection from destruction or adverse
modification through required consultation under section 7 of the Act
(16 U.S.C. 1531 et seq.) with regard to actions carried out, funded, or
authorized by a Federal agency. Section 4(b)(2) of the Act requires
that the Secretary designate critical habitat based upon the best
scientific and commercial data available, and after taking into
consideration the economic impact of specifying any particular area as
critical habitat. We have prepared a draft economic analysis of the
proposed critical habitat designation. The draft economic analysis is
available on the Internet and from the mailing address in
[[Page 69180]]
the Public Comments Solicited section below.
The public comment period for the June 13, 2002, proposal
originally closed on August 12, 2002. On August 26, 2002, we published
a Federal Register notice (67 FR 54763) extending the comment period
for the proposed designation of critical habitat for Blackburn's sphinx
moth. We are now announcing the availability of the draft economic
analysis. We will accept public comments on the proposal and the
associated draft economic analysis for the Blackburn's sphinx moth
until December 30, 2002. Comments already submitted on the proposed
designation of critical habitat for the Blackburn's sphinx moth do not
need to be resubmitted as they will be fully considered in the final
determinations. Written comments should be submitted to us (see
ADDRESSES).
Public Comments Solicited
We will accept written comments and information on the proposed
critical habitat designation and draft economic analysis for
Blackburn's sphinx moth. If you wish to comment, you may submit your
comments and materials concerning the proposal and draft economic
analysis by the following methods:
(1) You may submit written comments and information to the Field
Supervisor by mail, U.S. Fish and Wildlife Service, Pacific Islands
Office, 300 Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001,
or by facsimile, (808) 541-3470.
(2) You may hand-deliver comments to our Honolulu Fish and Wildlife
Office at the address given above.
Comments and materials received, as well as supporting
documentation used in preparation of the proposal to designate critical
habitat, will be available for inspection, by appointment, during
normal business hours at the address under (1) above. Copies of the
draft economic analysis are available on the Internet at http://
pacificislands.fws.gov or by request from the Field Supervisor at the
address and phone number under (1) above.
Author(s)
The primary author of this notice is Mike Richardson (see
ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: November 5, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-29049 Filed 11-12-02; 3:04 pm]
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