[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Proposed Rules]
[Pages 54335-54349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18051]
[[Page 54335]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU32
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Rota Bridled White-Eye (Zosterops rotensis)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for the Rota bridled white-eye (Zosterops
rotensis) pursuant to the Endangered Species Act of 1973, as amended
(Act). In total, approximately 3,958 acres (ac) (1,602 hectares (ha))
fall within the boundaries of the proposed critical habitat designation
on the island of Rota, Commonwealth of the Northern Mariana Islands
(CNMI).
DATES: We will consider comments from all interested parties received
by November 14, 2005. We must receive requests for public hearings, in
writing, at the address shown in the ADDRESSES section by October 31,
2005.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of the following methods:
1. You may submit comments and information on this proposed rule to
Patrick Leonard, Field Supervisor, Pacific Islands Fish and Wildlife
Office (PIFWO), U.S. Fish and Wildlife Service, 300 Ala Moana
Boulevard, Room 3-122, Box 50088, Honolulu, HI 96850.
2. You may hand-deliver written comments and information to our
PIFWO at the address given above.
3. You may send comments by electronic mail (e-mail) to [email protected]. For directions on how to submit electronic filing of
comments, see the ``Public Comments Solicited'' section.
4. You may fax your comments to 808/792-9581.
All comments and materials received, as well as supporting
documentation used in preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at our PIFWO at the above address.
FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor,
PIFWO, at the above address (telephone: 808/792-9400; facsimile: 808/
792-9581).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal be as
accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. Comments are
particularly sought concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act, including
whether the benefit of designation will outweigh any threats to the
species due to designation;
(2) Specific information on the amount and distribution of Rota
bridled white-eye habitat, and what features are essential to the
conservation of the species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities; and
(5) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods (see ADDRESSES
section). Please submit Internet comments to [email protected] in
ASCII file format and avoid the use of special characters or any form
of encryption. Please also include ``Attn: Rota bridled white-eye'' in
your e-mail subject header and your name and return address in the body
of your message. If you do not receive a confirmation from the system
that we have received your Internet message, contact us directly by
calling our PIFWO at 808/792-9400. Please note that the Internet
address [email protected] will be closed at the termination of the
public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
Designation of Critical Habitat Provides Little Additional Protection
to Species
In 30 years of implementing the Act, the Service has found that the
designation of statutory critical habitat provides little additional
protection to most listed species, while consuming significant amounts
of available conservation resources. The Service's present system for
designating critical habitat has evolved since its original statutory
prescription into a process that provides little real conservation
benefit, is driven by litigation and the courts rather than biology,
limits our ability to fully evaluate the science involved, consumes
enormous agency resources, and imposes huge social and economic costs.
The Service believes that additional agency discretion would allow our
focus to return to those actions that provide the greatest benefit to
the species most in need of protection.
Role of Critical Habitat in Actual Practice of Administering and
Implementing the Act
While attention to and protection of habitat is paramount to
successful conservation actions, we have consistently found that in
most circumstances, the designation of critical habitat is of little
additional value for most listed species, yet it consumes large amounts
of conservation resources. Sidle (1987) stated, ``Because the Act can
protect species with and without critical habitat designation, critical
habitat designation may be redundant to the other consultation
requirements of section 7.'' Currently, only 473 species, or 37 percent
of the 1,264 listed species in the U.S. under the jurisdiction of the
Service, have designated critical habitat.
We address the habitat needs of all 1,264 listed species through
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conservation mechanisms such as listing, section 7 consultations, the
Section 4 recovery planning process, the Section 9 protective
prohibitions of unauthorized take, Section 6 funding to the States, and
the Section 10 incidental take permit process. The Service believes
that it is these measures that may make the difference between
extinction and survival for many species.
We note, however, that two courts found our definition of adverse
modification to be invalid (March 15, 2001, decision of the United
States Court Appeals for the Fifth Circuit, Sierra Club v. U.S. Fish
and Wildlife Service et al., F.3d 434, and the August 6, 2004, Ninth
Circuit judicial opinion, Gifford Pinchot Task Force v. United States
Fish and Wildlife Service). In response to these decisions, we are
reviewing the regulatory definition of adverse modification in relation
to the conservation of the species.
Procedural and Resource Difficulties in Designating Critical Habitat
We have been inundated with lawsuits for our failure to designate
critical habitat, and we face a growing number of lawsuits challenging
critical habitat determinations once they are made. These lawsuits have
subjected the Service to an ever-increasing series of court orders and
court-approved settlement agreements, compliance with which now
consumes nearly the entire listing program budget. This leaves the
Service with little ability to prioritize its activities to direct
scarce listing resources to the listing program actions with the most
biologically urgent species conservation needs.
The consequence of the critical habitat litigation activity is that
limited listing funds are used to defend active lawsuits, to respond to
Notices of Intent (NOIs) to sue relative to critical habitat, and to
comply with the growing number of adverse court orders. As a result,
listing petition responses, the Service's own proposals to list
critically imperiled species, and final listing determinations on
existing proposals are all significantly delayed.
The accelerated schedules of court-ordered designations have left
the Service with almost no ability to provide for adequate public
participation or to ensure a defect-free rulemaking process before
making decisions on listing and critical habitat proposals due to the
risks associated with noncompliance with judicially imposed deadlines.
This in turn fosters a second round of litigation in which those who
fear adverse impacts from critical habitat designations challenge those
designations. The cycle of litigation appears endless, is very
expensive, and in the final analysis provides relatively little
additional protection to listed species.
The costs resulting from the designation include legal costs, the
cost of preparation and publication of the designation, the analysis of
the economic effects and the cost of requesting and responding to
public comment, and in some cases the costs of compliance with the
National Environmental Policy Act (NEPA). None of these costs result in
any benefit to the species that is not already afforded by the
protections of the Act enumerated earlier, and they directly reduce the
funds available for direct and tangible conservation actions.
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this proposed rule. For more
information on the Rota bridled white-eye, refer to the final listing
rule published in the Federal Register on January 22, 2004 (69 FR
3022).
Previous Federal Action
We published the final rule to list the Rota bridled white-eye as
endangered in the Federal Register on January 22, 2004 (69 FR 3022).
This listing was based on a variety of factors including habitat loss
and degradation, avian disease, introduced predators, and pesticides. A
final recovery plan for this species has not yet been completed.
However, a recovery plan is being drafted, and a recovery outline was
completed and signed by the Regional Director on October 25, 2004
(Service 2004).
At the time of listing, we concluded that designating critical
habitat for the Rota bridled white-eye was prudent and that we would
publish a proposed rule in accordance with other priority listing
actions when funding became available. On May 20, 2004, a lawsuit was
filed against the Department of Interior (DOI) and the Service by the
Center for Biological Diversity challenging our failure to propose
critical habitat for the Rota bridled white-eye. On September 14, 2004,
a stipulated settlement agreement was filed in the U.S. District Court
for Hawaii (Center for Biological Diversity v. Norton, Case No. C-04-
00326 SPK LEK) stating that the Service will submit for publication in
the Federal Register a proposed critical habitat designation for the
Rota bridled white-eye no later than September 7, 2005, and a final
critical habitat designation no later than September 7, 2006. Between
March 10 and 15, 2005, the Service met with resource managers on Rota
and Saipan to obtain additional information on management activities
and suitability of certain habitat areas for the Rota bridled white-
eye. For more information on previous Federal actions, see the final
listing rule (January 22, 2004; 69 FR 3022).
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) The
specific areas within the geographic area occupied by a species, at the
time it is listed in accordance with the Act, on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) that may require special management considerations
or protection; and (ii) specific areas outside the geographic area
occupied by a species at the time it is listed, upon a determination
that such areas are essential for the conservation of the species.
``Conservation'' means the use of all methods and procedures that are
necessary to bring an endangered or a threatened species to the point
at which listing under the Act is no longer necessary.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 requires consultation on
Federal actions that are likely to result in the destruction or adverse
modification of critical habitat. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness,
reserve, preserve, or other conservation area. Such designation does
not allow government or public access to private lands.
To be included in a critical habitat designation, the habitat
within the area occupied by the species must first have features that
are ``essential to the conservation of the species.'' Critical habitat
designations identify, to the extent known using the best scientific
and commercial data available, habitat areas that provide essential
life cycle needs of the species (i.e., areas on which are found the
primary constituent elements, as defined at 50 CFR 424.12(b)).
Habitat occupied at the time of listing may be included in critical
habitat only if the essential features thereon may require special
management or protection. Thus, we do not include areas where existing
management is sufficient to conserve the species. (As discussed below,
such areas may also be excluded from critical habitat pursuant
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to section 4(b)(2).) Accordingly, when the best available scientific
and commercial data do not demonstrate that the conservation needs of
the species so require, we will not designate critical habitat in areas
outside the geographic area occupied by the species at the time of
listing. An area currently occupied by the species but was not known to
be occupied at the time of listing will likely be essential to the
conservation of the species, and therefore, included in the critical
habitat designation.
The Service's Policy on Information Standards Under the Endangered
Species Act, published in the Federal Register on July 1, 1994 (59 FR
34271), and Section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)
and the associated Information Quality Guidelines issued by the
Service, provide criteria, establish procedures, and provide guidance
to ensure that decisions made by the Service represent the best
scientific and commercial data available. They require Service
biologists to the extent consistent with the Act and with the use of
the best scientific and commercial data available, to use primary and
original sources of information as the basis for recommendations to
designate critical habitat. When determining which areas are critical
habitat, a primary source of information is generally the listing
package for the species. Additional information sources include the
recovery plan for the species, articles in peer-reviewed journals,
conservation plans developed by the Commonwealth and local government,
scientific status surveys and studies, biological assessments, or other
unpublished materials and expert opinion or personal knowledge. All
information is used in accordance with the provisions of Section 515 of
the Treasury and General Government Appropriations Act for Fiscal Year
2001 (Pub. L. 106-554; H.R. 5658) and the associated Information
Quality Guidelines issued by the Service.
Section 4 of the Act requires that we designate critical habitat on
the basis of what we know at the time of designation. Habitat is often
dynamic, and species may move from one area to another over time.
Furthermore, we recognize that designation of critical habitat may not
include all of the habitat areas that may eventually be determined to
be necessary for the recovery of the species. For these reasons,
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the Act and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available information
at the time of the action. Federally funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available to these planning efforts calls for a different outcome.
Methods
As required by section 4(b)(1)(A) of the Act, we use the best
scientific and commercial data available in determining areas that are
essential to the conservation of the Rota bridled white-eye. We have
also reviewed available information that pertains to the habitat
requirements of the species. This information included: peer-reviewed
scientific publications (e.g., Craig and Taisacan 1994; Fancy and
Snetsinger 2001; Amidon et al. 2004); the final listing rule (January
22, 2004; 69 FR 3022); unpublished reports by the CNMI Division of Fish
and Wildlife (DFW) and Service (Engbring et al. 1986; Engbring 1987;
Reichel and Glass 1988; Engbring 1989); aerial photographs and
satellite imagery of Rota; personal communications with scientists and
resource managers familiar with the species and habitats; and
information obtained during meetings with CNMI officials. Specific
information we used from these sources includes estimates of historical
and current distribution and abundance, as well as data on resource and
habitat requirements. We also considered possible recovery objectives
and assessments of habitat necessary to meet these objectives.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat, we are required to base critical habitat determinations on the
best scientific and commercial data available and to consider those
physical and biological features (primary constituent elements (PCEs))
that are essential to the conservation of the species, and that may
require special management considerations and protection. These
include, but are not limited to: space for individual and population
growth and for normal behavior; food, water, air, light, minerals, or
other nutritional or physiological requirements; cover or shelter;
sites for breeding, reproduction, and rearing (or development) of
offspring; and habitats that are protected from disturbance or are
representative of the historical geographical and ecological
distributions of a species.
Since the first islandwide forest bird survey in 1982, Rota bridled
white-eyes have been recorded primarily above 490 feet (ft) (150 meters
(m)) elevation in the Sabana region, the large plateau located in the
south-central portion of Rota (Engbring et al. 1986; Engbring 1987;
Engbring 1989; Amidon 2000; Fancy and Snetsinger 2001; USFWS unpubl.
data). Sightings of Rota bridled white-eyes have been recorded in
limestone forest (i.e., native forest growing on a limestone
substrate), introduced Acacia confusa (sosugi) forest, introduced
Leucaena leucocephala (tangantangan) forest, and secondary vegetation
(Craig and Taisacan 1994; Amidon 2000; Fancy and Snetsinger 2001;
Amidon unpubl. data). However, the majority of the Rota bridled white-
eye sightings have been recorded in limestone forest. For example, of
the survey stations where Rota bridled white-eyes were detected in 1982
(n = 44 stations) (Engbring et al. 1986) and 1987 (n = 24) (Engbring
1987), 89 percent (n = 39) of the stations in 1982 and 79 percent (n =
19) of the stations in 1987 were classified as limestone forest within
160 ft (50 m) of the survey station by Falanruw et al. (1989). Of the
remaining stations with Rota bridled white-eye detections in 1982, 8
percent (n = 4) were in areas with mixed vegetation types that included
some limestone forest and 2 percent (n = 1) were in forest other
habitat types (e.g., Cocos nucifera (coconut palm) plantation and
secondary vegetation). Of the remaining stations with Rota bridled
white-eye detections in 1987, 21 percent (n = 5) were in areas with
mixed vegetation types that included some limestone forest. Further, of
the stations with Rota bridled white-eye detections in limestone forest
in 1982 (n = 39) and 1987 (n = 19), over 60 percent of the areas were
dominated by mature limestone forest with large diameter trees (> 30
centimeters [cm] diameter at breast height [dbh]; > 12 inches [in]
dbh), high density, and over 70 percent
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canopy cover (Falanruw et al. 1989). A similar pattern observed during
the 1996 survey by Fancy and Snetsinger (2001) was that 73 percent of
the white-eye locations (n = 62) were recorded in areas classified as
mature limestone forest by Falanruw et al. (1989).
In 1998 and 1999, Rota bridled white-eye abundance and habitat
relationships were assessed within their current range and across the
Sabana region as part of a two-year study by Amidon (2000). Forested
areas with high densities of Rota bridled white-eyes ( >=2 white-eyes
per ha) had relatively high epiphytic plant volumes (approximately 11
percent versus 5 percent in lower-density areas), such as Asplenium
nidus and Davallia solida, and were primarily composed of Elaeocarpus
joga (yoga), Hernandia labyrinthica (oschal), Merrilliodendron
megacarpum (faniok), Pandanus tectorius (kafu), and Premna obtusifolia
(ahgao) trees. Other tree species that were regularly recorded in Rota
bridled white-eye high density areas include Aglaia mariannensis
(mapunyao), Artocarpus atilis (lemai), Ficus prolixa (nunu), F.
tinctoria (hodda), Guettarda speciosa (panao), Macaranga thompsonii
(pengua), and Pisonia umbellifera. Within the Rota bridled white-eye's
range, white-eyes were found to be more abundant in areas with higher
densities of yoga and were also positively correlated with the
abundance of faniok. In addition, white-eyes were found to be more
abundant across the Sabana in areas with high densities of oschal and
where groundcover species of Elatostema and Procris spp. were present.
Rota bridled white-eyes primarily feed on insects, which are
typically gleaned from the leaves and branches of trees in the forest
canopy (Craig and Taisacan 1994; Amidon 2000). Of 97 systematically
recorded observations of Rota bridled white-eyes foraging, the majority
of observations were reported in yoga (34 percent), oschal (13
percent), pengua (10 percent), faniok (9 percent), and ahgao (9
percent) trees (Amidon 2000; F. Amidon, unpubl. data). However, Rota
bridled white-eye were also recorded foraging in Pipturus argenteus
(amahadyan), Persea americana (avocado), panao, hodda, sosugi,
mapunyao, Eugenia thompsonii (atoto), nunu, Tarenna sambucina (sumac-
lada), and Tristiropsis obtusangula trees and Bambusa vulgaris (piao)
(F. Amidon, unpubl. data). Of these species, only sosugi, avocado, and
piao are not native to the island of Rota (Raulerson and Rinehart
1991). In addition, two of these species, oschal and faniok, are found
only on Rota in the Sabana region (Amidon 2000). Rota bridled white-
eyes have also been observed foraging on the fruits of amahadyan and
pengua trees and probing the flowers, presumably to feed on nectar of
yoga, oschal, pengua, avocado, ahgao, and atoto trees (F. Amidon,
unpubl. data).
Rota bridled white-eyes have been reported nesting in oschal (n = 7
nests), yoga (n = 7), faniok (n = 5), and sosugi (n = 3) between 1,050
and 1,509 ft (320 and 460 m) elevation (Lusk and Taisacan 1997; Amidon
et al. 2004; F. Amidon, unpubl. data). Pratt (1985) also reported
finding a nest in a Hernandia sp. tree (presumably oschal based on the
location where the nest was found). Nest heights above the ground for
23 nests ranged from 9 to 43 ft (3 to 13 m) with an average height of
26 ft (8 m) (Pratt 1985; Lusk and Taisacan 1997; Amidon et al. 2004).
The height of 18 nest trees ranged from 9 to 49 ft (3 to 15 m) with an
average height of 33 ft (10 m) and the mean diameter at breast height
(dbh) for 19 nest trees ranged from 1 to 20 in (2 to 50 cm) with an
average diameter of 11 in (28 cm) (Pratt 1985; Lusk and Taisacan 1997;
and Amidon et al. 2004). The majority of the nests (87 percent, n = 20
nests) were found in areas classified as limestone forest (Falanruw et
al. 1989). However, nesting was also recorded in sosugi forest, which
is dominated by sosugi trees and is found on volcanic soils in the
Sabana region. This forest type has a very limited distribution and
encompasses approximately 42 ac (17 ha) of the Sabana region.
Based on our current knowledge of the life history, biology, and
ecology of the species, we have determined that the primary constituent
elements required by the Rota bridled white-eye for the biological
needs of foraging, sheltering, roosting, nesting, and rearing of young
are:
(1) Forest above 490 ft (150 m) in elevation containing a midstory
and canopy layer, high epiphytic plant volume (typically 11 percent),
Elatostema and Procris spp. on the ground, and yoga, oschal, faniok,
kafu, and/or ahgao trees as dominant forest components for foraging,
sheltering, roosting, nesting, and/or rearing of young. In addition,
the habitat should contain the specific forest components for foraging
or nesting or both, as follows:
(a) Yoga, oschal, faniok, pengua, ahgao, amahadyan, avocado, hodda,
mapunyao, atoto, sosugi, and/or sumac-lada trees, and/or piao, in the
canopy or subcanopy for foraging; and
(b) Yoga, oschal, faniok, and/or sosugi trees 10 to 49 ft (3 to 15
m) tall and 1 to 24 in (2 to 60 cm) dbh for nesting.
Criteria Used To Identify Critical Habitat
We considered several factors in identifying and selecting lands
proposed for designation as critical habitat for the Rota bridled
white-eye. First, we assessed the possible recovery goals for the
species to help determine the amount of habitat needed to conserve the
species. The recovery considerations are based on minimum viable
population information from Reed et al. (2003). Reed et al. (2003)
reviewed minimum viable population sizes for 102 vertebrate species,
including one white-eye species, and estimated that 7,000 breeding
adults had a 99 percent likelihood of persisting for 40 generations. We
then used data on Japanese white-eyes (Zosterops japonicus) (van Riper
2000) and silvereyes (Zosterops lateralis) (Kikkawa and Wilson 1983;
Catterall et al. 1989) to apply Reed et al.'s findings to the Rota
bridled white-eye. We used the data on these two more closely related
white-eye species because similar population parameter estimates are
not available for the Rota bridled white-eye. Based on the information,
a potential benchmark for recovery of this species would be a single
population of at least 16,000 Rota bridled white-eyes on the island of
Rota (Kikkawa and Wilson 1983; Catterall et al. 1989; van Riper 2000;
Reed et al. 2003; USFWS in prep.). To determine the approximate
quantity of habitat that would be occupied by a population of this
size, we reviewed Rota bridled white-eye density estimates from 1996
(Fancy and Snetsinger 2001) and 1999 (Amidon 2000) surveys.
The maximum Rota bridled white-eye densities recorded by Fancy and
Snetsinger (2001) in 1996, and Amidon (2000) in 1999, were
approximately 3 and 4 white-eyes per ac (7 and 10 white-eyes per ha),
respectively. The higher Rota bridled white-eye densities reported by
Amidon (2000) are likely a result of differing survey methods and not
an increase in Rota bridled white-eye densities over the years. The
Fancy and Snetsinger (2001) estimates were based on a single set of
surveys in the Rota bridled white-eye's range involving area searches.
The Amidon (2000) estimates were based on multiple point count surveys
conducted in 1998 and 1999.
Based on these density estimates, we believe that 4 white-eyes per
ac (10 white-eyes per ha) is a conservative estimate of the number of
Rota bridled white-eyes a forested area could support if the threats to
the species were controlled. Utilizing this density
[[Page 54339]]
estimate, we then divided the population recovery benchmark (16,000
Rota bridled white-eyes) (Kikkawa and Wilson 1983; Catterall et al.
1989; van Riper 2000; Reed et al. 2003; USFWS, in prep.) by 4 birds per
ac (10 birds per ha) and estimated that approximately 4,000 ac (1,600
ha) of forest would be needed to conserve the Rota bridled white-eye.
This was then used as a guideline for selecting approximately how much
habitat was essential to the Rota bridled white-eye for the proposed
designation.
When selecting areas for proposed designation, we first selected
all of the forested areas (approximately 638 ac (258 ha)) that
contained high densities of Rota bridled white-eyes in 1996 (Fancy and
Snetsinger 2001) and 1999 (Amidon 2000). These areas are primarily
limestone forest or introduced forest with sosugi trees or piao. We
then selected low density areas that had large numbers of white-eyes in
1982, 1987, 1989, and 1994, and large tracts of mature limestone forest
identified by Falanruw et al. (1989). These areas were prioritized
because they contain the primary constituent elements needed by the
species and have supported larger white-eye populations. When defining
proposed critical habitat boundaries, we avoided areas not known to
contain primary constituent elements essential for Rota bridled white-
eye conservation, such as agricultural lands and other developed lands.
We are proposing to designate critical habitat on lands that
contain the features that are essential to the conservation of the Rota
bridled white-eye. As such, these areas have the primary constituent
elements described above and were considered to be occupied at the time
the species was listed (69 FR 3022; January 22, 2004) (Fancy and
Snetsinger 2001). A brief discussion of each area proposed as critical
habitat is provided in the unit descriptions below.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the features
essential for conservation may require special management
considerations or protections. As we undertake the process of
designating critical habitat for a species, we first evaluate lands
defined by those physical and biological features essential to the
conservation of the species for inclusion in the designation pursuant
to section 3(5)(A) of the Act. Secondly, we evaluate lands defined by
those features to assess whether they may require special management
considerations or protection.
As stated in the final listing rule (69 FR 3022; January 22, 2004),
the primary threats to the Rota bridled white-eye are habitat loss and
degradation and predation by introduced rats (Rattus spp.) and birds
(black drongos (Dicrurus macrocercus)). In addition, the small
population size and limited distribution of the species also make it
vulnerable to extinction from random environmental events (e.g.,
typhoons). To address these threats and conserve the species, the
following special management actions may be needed: (1) Protection of
the remaining stands of mature limestone forest from clearing and
modification; (2) restoration of degraded areas; (3) invasive plant
control; and (4) rat and black drongo control. For additional
information about the threats to the Rota bridled white-eye, see final
listing rule (69 FR 3022; January 22, 2004).
Proposed Critical Habitat Designation
We are proposing one unit as critical habitat of approximately
3,958 ac (1,602 ha) of forested land for the Rota bridled white-eye
(see Map 1 in the rule portion of this document). This area, described
below, constitutes our best assessment at this time of the areas we
determined to be occupied at the time of listing, contain the primary
constituent elements, may require special management, and contain the
features essential to the conservation of the Rota bridled white-eye.
This area contains forested areas on 3,700 ac (1,498 ha) of public and
258 ac (104 ha) of private lands along the slopes and top of the Sabana
plateau. Approximately 62 percent (2,292 ac; 928 ha) of the public land
within this proposed designation is within the Sabana Conservation
Area. This unit is composed of limestone forest, introduced forest, and
secondary vegetation that together contain the full range of primary
constituent elements needed for long-term conservation of the Rota
bridled white-eye. This area was considered occupied at the time the
Rota bridled white-eye was listed (69 FR 3022; January 22, 2004) (Fancy
and Snetsinger 2001) contains the high-density areas identified by
Fancy and Snetsinger (2001), as the only known nesting areas for the
Rota bridled white-eye (Pratt 1985; Lusk and Taisacan 1997; Amidon et
al. 2004); and contains the areas where large numbers of Rota bridled
white-eyes have been regularly observed during surveys since 1982.
The proposed critical habitat unit includes all or part of the
Telang, Palii, Finata, As Rosalia, Fanlagon, Minachage, Mananana, As
Mundo, Uyulan Hulo, Isang, Tagalo Ogso, Sagua Pakpak, As Pupuenge,
Lupok, and Alesna regions of Rota (Figure 1 below), which are all
considered part of the Sabana region. Each of these individual regions
contain or are exposed to the threats to the Rota bridled white-eye
(introduced rats, black drongos, and habitat degradation and loss
(Engbring et al. 1986; Amidon 2000; Fancy and Snetsinger 2001) and
require special management (see Special Management Considerations or
Protections above). Proposed critical habitat in the Telang and Palii
regions includes forested areas between 650 and 1,300 ft (200 and 400
m) elevation. These forested areas include one of the high-density
white-eye areas identified by Fancy and Snetsinger (2001) and contain
oschal, yoga, and other tree species important to the Rota bridled
white-eye (Amidon 2000). Proposed critical habitat in the Finata and As
Rosalia regions includes forested areas between 650 and 1,300 ft (200
and 400 m) elevation. These forested areas include one of the high-
density white-eye areas identified by Fancy and Snetsinger (2001),
locations where Rota bridled white-eyes were observed in 1987 (Engbring
1987), and locations where Rota bridled white-eye nesting was recorded
(Amidon et al. 2004). These forested areas also contain oschal, yoga,
and other tree species and forest components important to the Rota
bridled white-eye (Amidon 2000, unpubl. data). Proposed critical
habitat in the Fanlagon and Minachage regions includes forested areas
between 650 and 1,540 ft (400 and 470 m). These forested areas include
locations where large numbers of Rota bridled white-eyes were recorded
in 1982 (Engbring et al. 1986), 1987 (Engbring 1987), and 1989
(Engbring 1989), and lower numbers were recorded in 1994 (USFWS unpubl.
data). These forested areas also contain oschal, yoga, and other trees
species and forest components important to the Rota bridled white-eye
(Amidon unpubl. data). Proposed critical habitat in the Mananana, As
Mundo, and Uyulan Hulo regions includes forested areas between 490 and
1,500 ft (150 and 450 m). These forested areas include two high-density
white-eye areas identified by Fancy and Snetsinger (2001), locations
where Rota bridled white-eye nesting was recorded (Lusk and Taisacan
1997; Amidon et al. 2001), and faniok, oschal, yoga, and other tree
species and forest components important to the Rota bridled white-eye
(Amidon 2000). Proposed critical habitat in the Isang, Tagalo Ogso, and
Sagua Pakpak regions includes forested areas between 650 and 1,300 ft
(200 and 400 m). These forested areas include locations where Rota
bridled white-eyes were recorded in 1982 (Engbring et al. 1986), 1987
[[Page 54340]]
(Engbring 1987), and 1989 (Engbring 1989), and oschal, yoga, and other
tree species and forest components important to the Rota bridled white-
eye (Amidon 2000, unpubl. data). Proposed critical habitat in the As
Pupuenge, Lupok, and Alesna regions includes forested areas between
approximately 650 and 1,500 ft (200 and 450 m). These forested areas
include a high-density white-eye area identified by Fancy and
Snetsinger (2001) and locations where Rota bridled white-eye nesting
was recorded (Pratt 1985; Amidon et al. 2001). These forested areas
also include oschal, yoga, sosugi, and other tree species and forest
components important to the Rota bridled white-eye (Amidon 2000,
unpubl. data).
[GRAPHIC] [TIFF OMITTED] TP14SE05.000
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7 of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. In response
to the Ninth Circuit's decision on Gifford Pinchot, the Service has
provided direction regarding the analysis of adverse modification of
critical habitat. Such alterations include, but are not limited to:
Alterations adversely modifying any of those physical or biological
features that were the basis for determining the habitat to be
critical.'' We are currently reviewing the regulatory definition of
adverse modification in relation to the conservation of the species.
Section 7(a) of the Act requires Federal agencies, including the
Service, to evaluate their actions with respect to any species that is
proposed or listed as endangered or threatened and with respect to its
critical habitat, if any is proposed or designated. Regulations
implementing this interagency cooperation provision of the Act are
codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to jeopardize the continued existence
of a proposed species or result in destruction or adverse modification
of proposed critical habitat. Conference reports provide conservation
recommendations to assist the agency in eliminating conflicts that may
be caused by the proposed action. We may issue a formal conference
report if requested by a Federal agency. Formal conference reports on
proposed critical habitat contain an opinion that is prepared according
to 50 CFR 402.14, as if critical habitat were designated. We may adopt
the formal conference report as the biological opinion when the
critical habitat is designated, if no substantial new information or
changes in the action alter the content of the opinion (see 50 CFR
402.10(d)). The conservation recommendations in a conference report are
advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) requires Federal agencies to ensure that activities they
authorize, fund, or carry out are not likely to jeopardize the
continued existence of such a species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. Through this consultation, the
action agency ensures that their actions
[[Page 54341]]
do not destroy or adversely modify critical habitat.
If we issue a biological opinion concluding that a project is
likely to result in the destruction or adverse modification of critical
habitat, we also provide reasonable and prudent alternatives to the
project, if any are identifiable. ``Reasonable and prudent
alternatives'' are defined at 50 CFR 402.02 as alternative actions
identified during consultation that can be implemented in a manner
consistent with the intended purpose of the action, that are consistent
with the scope of the Federal agency's legal authority and
jurisdiction, that are economically and technologically feasible, and
that the Director believes would avoid destruction or adverse
modification of critical habitat. Reasonable and prudent alternatives
can vary from slight project modifications to extensive redesign or
relocation of the project. Costs associated with implementing a
reasonable and prudent alternative are similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where critical
habitat is subsequently designated and the Federal agency has retained
discretionary involvement or control over the action or such
discretionary involvement or control is authorized by law.
Consequently, some Federal agencies may request reinitiation of
consultation or conference with us on actions for which formal
consultation has been completed, if those actions may affect designated
critical habitat or adversely modify or destroy proposed critical
habitat.
Federal activities that may affect the Rota bridled white-eye or
its critical habitat will require section 7 consultation. Activities on
private or Commonwealth lands requiring a permit from a Federal agency,
such as a permit from the U.S. Army Corps of Engineers under section
404 of the Clean Water Act, a section 10(a)(1)(B) permit from the
Service, or some other Federal action, including funding (e.g., Federal
Highway Administration or Federal Emergency Management Agency funding),
will also continue to be subject to the section 7 consultation process.
Federal actions not affecting listed species or critical habitat and
actions on non-Federal and private lands that are not Federally funded,
authorized, or permitted do not require section 7 consultation.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat may also jeopardize the continued existence of the Rota bridled
white-eye. Federal activities that, when carried out, may adversely
affect critical habitat for the Rota bridled white-eye include, but are
not limited to:
(1) Actions that would reduce the amount of limestone forest above
490 ft (150 m) elevation in the Sabana region. Such activities could
include vegetation clearing and fires. These activities could eliminate
or reduce foraging and breeding habitat.
(2) Actions that would increase the fragmentation of limestone
forest above 490 ft (150 m) elevation in the Sabana region. Such
activities could include vegetation clearing and fires. These
activities could reduce connectivity between areas utilized by Rota
bridled white-eyes for foraging and breeding and increase the amount of
forest edge exposed to the potential impacts (tree uprooting, limb
damage, etc.) of typhoons thereby further reducing the availability of
breeding and foraging habitat.
(3) Actions that would degrade limestone forest above 490 ft (150
m) elevation in the Sabana region. Such activities could include
spreading or introducing invasive weed species, like Coccina grandis
(scarlet gourd), which inhibit the natural regeneration of native
forest utilized by Rota bridled white-eyes for breeding and foraging.
We consider the entire critical habitat unit to be occupied by the
species because it contains the high-, low-, and very-low density
white-eye areas identified by Fancy and Snetsinger (2001; note: authors
did not identify any medium-density areas) and areas where white-eyes
were reported by Amidon (2000) in 1998 and 1999.
Application of Section 3(5)(A) and Exclusions Under Section 4(b)(2) of
the Act
Section 3(5)(A) of the Act defines critical habitat as the specific
areas within the geographic area occupied by the species on which are
found those physical and biological features (i) essential to the
conservation of the species and (ii) which may require special
management considerations or protection. Therefore, areas within the
geographic area occupied by the species that do not contain the
features essential for the conservation of the species are not, by
definition, critical habitat. Similarly, areas within the geographic
area occupied by the species that do not require special management or
protection also are not, by definition, critical habitat. To determine
whether an area requires special management, we first determine if the
essential features located there generally require special management
to address applicable threats. If those features do not require special
management, or if they do in general but not for the particular area in
question because of the existence of an adequate management plan or for
some other reason, then the area does not require special management.
We consider a current plan to provide adequate management or
protection if it meets three criteria: (1) The plan is complete and
provides a conservation benefit to the species (i.e., the plan must
maintain or provide for an increase in the species' population, or the
enhancement or restoration of its habitat within the area covered by
the plan); (2) the plan provides assurances that the conservation
management strategies and actions will be implemented (i.e., those
responsible for implementing the plan are capable of accomplishing the
objectives, and have an implementation schedule and adequate funding
for implementing the management plan); and (3) the plan provides
assurances that the conservation strategies and measures will be
effective (i.e., it identifies biological goals, has provisions for
reporting progress, and is of a duration sufficient to implement the
plan and achieve the plan's goals and objectives).
Pursuant to section 4(b)(2) of the Act, we must consider relevant
impacts in addition to economic ones. We determined that the lands
within the designation of critical habitat for Rota bridled white-eye
are not owned or managed by the Department of Defense and do not
include any Tribal lands or trust resources. Although there have been
some initial efforts on an islandwide habitat conservation plan, there
are currently no habitat conservation plans for the Rota bridled white-
eye. In 1994, a local law was passed to set up a conservation area in
the Sabana region of Rota (Sabana Conservation Area). This law required
that regulations be developed for the management of the conservation
area. In 1995, a Sabana Protected Area Committee was established to
develop a management plan and regulations for the area. An initial plan
was completed in 1996, but was not implemented because the regulations
required to manage the area were not promulgated. At this time no
regulations for management of this area have been
[[Page 54342]]
developed, and the management plan is now considered obsolete.
We anticipate no impact to national security, Tribal lands,
partnerships, or habitat conservation plans from this critical habitat
designation.
Economic Analysis
An analysis of the economic impacts of proposed critical habitat
for the Rota bridled white-eye will be prepared. We will announce the
availability of the draft economic analysis as soon as it is completed,
at which time we will seek public review and comment. At that time,
copies of the draft economic analysis will be available for downloading
from the Internet at http://pacificislands.fws.gov, or by contacting
the Pacific Islands Fish and Wildlife Office directly (see ADDRESSES
section).
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of such review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will send these peer reviewers
copies of this proposed rule immediately following publication in the
Federal Register. We will invite these peer reviewers to comment,
during the public comment period, on the specific assumptions and
scientific conclusions relevant to the proposed designation of critical
habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made in writing at
least 15 days prior to the close of the public comment period. We will
schedule public hearings on this proposal, if any are requested, and
announce the dates, times, and places of those hearings in the Federal
Register and local newspapers at least 15 days prior to the first
hearing.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand, including answers to
questions such as the following: (1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical jargon that interferes with the clarity? (3) Does the format
of the proposed rule (grouping and order of the sections, use of
headings, paragraphing, and so forth) aid or reduce its clarity? (4) Is
the description of the notice in the SUPPLEMENTARY INFORMATION section
of the preamble helpful in understanding the proposed rule? (5) What
else could we do to make this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. You
may e-mail your comments to this address: [email protected].
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule in that it may raise novel legal and policy issues,
but it is not anticipated to have an annual effect on the economy of
$100 million or more or affect the economy in a material way. Due to
the tight timeline for publication in the Federal Register, the Office
of Management and Budget (OMB) has not formally reviewed this rule. We
are preparing a draft economic analysis of this proposed action, which
will be available for public comment, to determine the economic
consequences of designating the specific area as critical habitat. This
economic analysis also will be used to determine compliance with
Executive Order 12866, Regulatory Flexibility Act, Small Business
Regulatory Enforcement Fairness Act, and Executive Order 12630.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are listed
above in the section on Section 7 Consultation. The availability of the
draft economic analysis will be announced in the Federal Register so
that it is available for public review and comments. The draft economic
analysis can be obtained from the Internet Web site at http://www.fws.gov/pacific/pacificislands/ or by contacting the Pacific
Islands Fish and Wildlife Office directly (see ADDRESSES section).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Our assessment of economic effect will be completed prior to final
rulemaking based upon review of the economic analysis prepared pursuant
to section 4(b)(2) of the Act and Executive Order 12866. This analysis
is for the purposes of compliance with the Regulatory Flexibility Act
and does not reflect our position on the type of economic analysis
required by New Mexico Cattle Growers Assn. v. U.S. Fish and Wildlife
Service 248 F.3d 1277 (10th Cir. 2001).
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act (RFA) to require Federal agencies to
provide a statement of the factual basis for certifying that the rule
will not have a significant economic impact on a substantial number of
small entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared pursuant to section 4(b)(2) of the Act
and Executive Order 12866. This draft economic analysis will provide
the required factual basis for the RFA finding. Upon completion of the
draft economic analysis, the Service will publish a notice of
availability of the draft economic analysis of the proposed designation
and reopen the public comment period for the proposed designation for
an additional 60 days. The Service will include with the notice of
availability, as appropriate, an initial regulatory flexibility
analysis or a certification that the rule will not have a significant
economic impact on a substantial number of small entities accompanied
by the factual basis for that determination. The Service has concluded
that deferring the RFA finding until completion of the draft economic
analysis is necessary to meet the purposes and requirements of the
[[Page 54343]]
RFA. Deferring the RFA finding in this manner will ensure that the
Service makes a sufficiently informed determination based on adequate
economic information and provides the necessary opportunity for public
comment.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.)
13211 on regulations that significantly affect energy supply,
distribution, and use. E.O. 13211 requires agencies to prepare
Statements of Energy Effects when undertaking certain actions. This
proposed rule to designate critical habitat for the Rota bridled white-
eye is not a significant regulatory action under E.O. 12866, and it is
not expected to significantly affect energy supplies, distribution, or
use. Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute or regulation
that would impose an enforceable duty upon State/Commonwealth, local,
tribal governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State/
Commonwealth, local, and tribal governments under entitlement
authority,'' if the provision would ``increase the stringency of
conditions of assistance'' or ``place caps upon, or otherwise decrease,
the Federal Government's responsibility to provide funding'' and the
State/Commonwealth, local, or tribal governments ``lack authority'' to
adjust accordingly. At the time of enactment, these entitlement
programs were: Medicaid; AFDC work programs; Child Nutrition; Food
Stamps; Social Services Block Grants; Vocational Rehabilitation State
Grants; Foster Care, Adoption Assistance, and Independent Living;
Family Support Welfare Services; and Child Support Enforcement.
``Federal private sector mandate'' includes a regulation that ``would
impose an enforceable duty upon the private sector, except (i) a
condition of Federal assistance; or (ii) a duty arising from
participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities who receive Federal
funding, assistance, or permits, or that otherwise require approval or
authorization from a Federal agency for an action may be indirectly
impacted by the designation of critical habitat, the legally binding
duty to avoid destruction or adverse modification of critical habitat
rests squarely on the Federal agency. Furthermore, to the extent that
non-Federal entities are indirectly impacted because they receive
Federal assistance or participate in a voluntary Federal aid program,
the Unfunded Mandates Reform Act would not apply; nor would critical
habitat shift the costs of the large entitlement programs listed above
to State/Commonwealth governments.
(b) Due to current public knowledge of the species' protection, the
prohibition against take of the species both within and outside of the
designated areas, and the fact that critical habitat provides no
incremental restrictions, we do not anticipate that this rule will
significantly or uniquely affect small governments. As such, Small
Government Agency Plan is not required. We will, however, further
evaluate this issue as we conduct our economic analysis and revise this
assessment if appropriate.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. In keeping with the Department of Interior and Department of
Commerce policy, we requested information from, and coordinated
development of, this proposed critical habitat designation with
appropriate Commonwealth resource agencies in the CNMI. The designation
of critical habitat in areas currently occupied by the Rota bridled
white-eye imposes no additional restrictions to those currently in
place and, therefore, has little incremental impact on Commonwealth and
local governments and their activities. The designation may have some
benefit to these governments in that the areas essential to the
conservation of the species are more clearly defined, and the primary
constituent elements of the habitat necessary to the survival of the
species are specifically identified. While making this definition and
identification does not alter where and what Federally sponsored
activities may occur, it may assist the Commonwealth and local
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed designating critical habitat in
accordance with the provisions of the Endangered Species Act. This
proposed rule uses standard property descriptions and identifies the
primary constituent elements within the designated areas to assist the
public in understanding the habitat needs of the Rota bridled white-
eye.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State/
Commonwealth or local governments, individuals, businesses, or
organizations. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act
It is our position that, outside the Tenth Circuit of the U.S.
Court system, we do not need to prepare environmental analyses as
defined by the NEPA in connection with designating critical habitat
under the Endangered Species Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244). This assertion was upheld in the courts of the
Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore.
1995), cert. denied 116 S. Ct. 698 (1996).
[[Page 54344]]
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of the Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. We have determined that
there are no tribal lands essential for the conservation of the Rota
bridled white-eye. Therefore, designation of critical habitat for the
Rota bridled white-eye has not been proposed on Tribal lands.
References Cited
A complete list of all references cited in this proposed rule is
available upon request from the Field Supervisor, Pacific Islands Fish
and Wildlife Office (see ADDRESSES section).
Author
The primary author of this package is the Pacific Islands Fish and
Wildlife Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In Sec. 17.11(h), revise the entry for ``White-eye, Rota
bridled'' under ``BIRDS'' in the List of Endangered and Threatened
Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where Special
Historic range endangered or Status When listed Critical habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Birds
* * * * * * *
White-eye, Rota bridled......... Zosterops rotensis. Western Pacific Entire............ E 741 17.95(b) NA
Ocean-U.S.A
(Commonwealth of
the Northern
Mariana Islands).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.95(b) by adding critical habitat for ``Rota
bridled white-eye (Zosterops rotensis)'' in the same alphabetical order
in which the species appears in the talbe in Sec. 17.11(h), under
``BIRDS'' to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(b) Birds.
* * * * *
Rota Bridled White-eye (Zosterops rotensis)
(1) A critical habitat unit is depicted for the island of Rota,
Commonwealth of the Northern Mariana Islands, on the map below.
(2) The primary constituent elements of critical habitat for the
Rota bridled white-eye are the habitat components that provide forest
above 490 feet (ft) (150 meters(m)) in elevation containing a midstory
and canopy layer, high epiphytic plant volume (typically 11 percent),
Elatostema and Procris spp. on the ground, and Elaeocarpus joga (yoga),
Hernandia labyrinthica (oschal), Merrilliodendron megacarpum (faniok),
Pandanus tectorius (kafu), and/or Premna obtusifolia (ahgao) trees as
dominant forest components for foraging, sheltering, roosting, nesting,
and/or rearing of young. In addition, the habitat should contain the
specific forest components for foraging or nesting or both, as follows:
(i) Yoga, oschal, faniok, Macaranga thompsonii (pengua), ahgao,
Pipturus argenteus (amahadyan), Persea americana (avocado), Ficus
tinctoria (hodda), Aglaia mariannensis (mapunyao), Eugenia thompsonii
(atoto), Acacia confusa (sosugi), and/or Tarenna sambucina (sumac-lada)
trees; and/or Bambusa vulgaris (piao, bamboo); in the canopy or
subcanopy for foraging; or
(ii) Yoga, oschal, faniok, and/or sosugi trees 10 to 49 ft (3 to 15
m) tall and 1 to 24 inches (in) (2 to 60 centimeters (cm)) dbh for
nesting.
(iii) Critical habitat does not include manmade structures existing
on the effective date of this rule and not containing one or more of
the primary constituent elements, such as buildings, aqueducts,
airports, and roads, and the land on which such structures are located.
(3) The critical habitat unit description and its map is provided
in paragraph (4). Data layers defining map units were created on a base
of USGS 7.5' quadrangles, and critical habitat units were then mapped
using Universal Transverse Mercator (UTM) coordinates.
(4) Rota bridled white-eye critical habitat, Rota, Commonwealth of
the Northern Mariana Islands (3,958 ac; 1,602 ha).
(i) Unit consists of 346 points with following coordinates in UTM
Zone 55 with the units in meters using World Geodetic System 1984
(WGS84): 300742, 1565012, 300809, 1565217, 300840, 1565285, 300875,
1565341, 300962, 1565420, 300995, 1565444, 301061, 1565473, 301135,
1565490, 301186, 1565494, 301327, 1565491, 301531, 1565451, 301796,
1565425, 301905, 1565419, 301958, 1565425, 302030, 1565456, 302067,
1565466, 302205, 1565482, 302229, 1565471, 302272, 1565429, 302310,
1565416, 302852, 1565346, 302882, 1565343, 302932, 1565348, 302953,
1565356, 302986, 1565377, 303007, 1565407, 303005, 1565510, 302983,
1565616, 302978, 1565666, 302982, 1565740,
[[Page 54345]]
302990, 1565763, 303005, 1565777, 303103, 1565824, 303150, 1565828,
303223, 1565806, 303243, 1565792, 303284, 1565740, 303303, 1565731,
303315, 1565733, 303343, 1565752, 303500, 1565896, 303645, 1565995,
303813, 1566125, 303903, 1566164, 304054, 1566243, 304085, 1566255,
304155, 1566270, 304271, 1566306, 304326, 1566311, 304388, 1566328,
304494, 1566336, 304562, 1566352, 304700, 1566368, 304734, 1566365,
304760, 1566355, 304791, 1566336, 304835, 1566299, 304904, 1566293,
304977, 1566261, 305032, 1566256, 305110, 1566231, 305131, 1566220,
305152, 1566197, 305174, 1566158, 305197, 1566090, 305213, 1566016,
305244, 1565964, 305317, 1565923, 305417, 1565815, 305444, 1565800,
305461, 1565775, 305493, 1565766, 305608, 1565782, 305678, 1565798,
305840, 1565858, 305947, 1565890, 306134, 1565992, 306230, 1566039,
306271, 1566055, 306365, 1566071, 306500, 1566077, 306557, 1566089,
306588, 1566105, 306773, 1566245, 306819, 1566265, 307118, 1566324,
307158, 1566325, 307191, 1566320, 307249, 1566295, 307359, 1566230,
307407, 1566207, 307778, 1566099, 307843, 1566062, 307898, 1566047,
307941, 1566020, 307999, 1566003, 308109, 1565940, 308162, 1565898,
308260, 1565834, 308407, 1565674, 308437, 1565635, 308458, 1565596,
308529, 1565323, 308544, 1565200, 308543, 1565150, 308537, 1565112,
308472, 1564974, 308423, 1564834, 308409, 1564746, 308394, 1564555,
308385, 1564519, 308306, 1564339, 308149, 1563842, 308086, 1563674,
308065, 1563629, 308013, 1563560, 308004, 1563528, 307995, 1563514,
307953, 1563481, 307857, 1563392, 307835, 1563367, 307826, 1563347,
307816, 1563286, 307803, 1563028, 307795, 1562975, 307783, 1562966,
307725, 1562954, 307691, 1562925, 307691, 1562911, 307717, 1562869,
307712, 1562856, 307699, 1562846, 307656, 1562826, 307555, 1562804,
307518, 1562768, 307480, 1562756, 307447, 1562734, 307353, 1562655,
307323, 1562617, 307307, 1562586, 307300, 1562465, 307289, 1562432,
307266, 1562397, 307216, 1562348, 307176, 1562324, 307120, 1562306,
307027, 1562297, 307000, 1562286, 306970, 1562267, 306923, 1562220,
306885, 1562107, 306868, 1562080, 306853, 1562074, 306826, 1562082,
306799, 1562099, 306759, 1562155, 306731, 1562179, 306698, 1562219,
306678, 1562233, 306657, 1562234, 306620, 1562216, 306571, 1562209,
306513, 1562179, 306481, 1562177, 306476, 1562191, 306472, 1562272,
306434, 1562361, 306391, 1562443, 306373, 1562497, 306222, 1562602,
306206, 1562602, 306180, 1562585, 306166, 1562534, 306144, 1562526,
306121, 1562532, 306080, 1562567, 306054, 1562574, 305964, 1562570,
305912, 1562563, 305849, 1562573, 305808, 1562551, 305733, 1562553,
305722, 1562561, 305714, 1562595, 305698, 1562604, 305684, 1562596,
305672, 1562575, 305662, 1562500, 305655, 1562483, 305646, 1562484,
305635, 1562495, 305625, 1562531, 305615, 1562544, 305588, 1562564,
305567, 1562567, 305551, 1562561, 305517, 1562518, 305486, 1562501,
305461, 1562470, 305453, 1562465, 305438, 1562464, 305415, 1562480,
305407, 1562505, 305410, 1562537, 305422, 1562585, 305421, 1562606,
305413, 1562613, 305386, 1562616, 305373, 1562624, 305347, 1562674,
305328, 1562692, 305291, 1562716, 305257, 1562722, 305232, 1562721,
305219, 1562712, 305204, 1562692, 305189, 1562688, 305160, 1562698,
305110, 1562731, 305083, 1562735, 305065, 1562733, 305037, 1562717,
305006, 1562668, 304981, 1562647, 304958, 1562638, 304924, 1562635,
304890, 1562598, 304856, 1562597, 304819, 1562606, 304787, 1562629,
304737, 1562632, 304719, 1562648, 304811, 1562704, 304812, 1562719,
304793, 1562738, 304770, 1562750, 304721, 1562752, 304653, 1562789,
304603, 1562797, 304550, 1562793, 304520, 1562769, 304504, 1562762,
304464, 1562761, 304432, 1562770, 304403, 1562772, 304355, 1562769,
304332, 1562760, 304325, 1562751, 304323, 1562731, 304327, 1562719,
304343, 1562698, 304348, 1562679, 304349, 1562583, 304356, 1562513,
304351, 1562493, 304270, 1562434, 304223, 1562419, 304206, 1562376,
304186, 1562353, 304126, 1562326, 304055, 1562283, 303995, 1562276,
303953, 1562281, 303890, 1562321, 303864, 1562358, 303830, 1562380,
303825, 1562390, 303827, 1562400, 303835, 1562405, 303860, 1562408,
303865, 1562417, 303863, 1562438, 303826, 1562510, 303811, 1562567,
303783, 1562600, 303768, 1562605, 303669, 1562602, 303597, 1562589,
303549, 1562599, 303490, 1562569, 303399, 1562504, 303334, 1562463,
303311, 1562441, 303239, 1562346, 303088, 1562240, 303073, 1562218,
303048, 1562210, 303010, 1562207, 302957, 1562190, 302925, 1562192,
302908, 1562205, 302903, 1562216, 302906, 1562269, 302895, 1562348,
302883, 1562361, 302835, 1562375, 302814, 1562391, 302792, 1562456,
302766, 1562563, 302712, 1562684, 302665, 1562811, 302645, 1562883,
302595, 1563127, 302565, 1563228, 302535, 1563275, 302436, 1563381,
302380, 1563478, 302354, 1563506, 302333, 1563519, 302254, 1563541,
302185, 1563577, 302125, 1563592, 302080, 1563615, 302015, 1563692,
301971, 1563777, 301951, 1563806, 301890, 1563864, 301836, 1563908,
301750, 1563946, 301723, 1563952, 301650, 1563960, 301611, 1563981,
301594, 1564000, 301585, 1564023, 301584, 1564061, 301593, 1564112,
301585, 1564135, 301474, 1564241, 301450, 1564254, 301413, 1564259,
301352, 1564251, 301311, 1564237, 301295, 1564239, 301214, 1564294,
301096, 1564399, 300966, 1564483, 300945, 1564505, 300922, 1564541,
300892, 1564569, 300859, 1564634, 300808, 1564710, 300804, 1564729,
300806, 1564769, 300802, 1564795, 300740, 1564944, 300737, 1564975.
(ii) Not including 13 areas:
(A) Bounded by the following 13 points (2 ac; 1 ha): 301307,
1564935; 301288, 1564908; 301291, 1564898; 301301, 1564889; 301354,
1564890; 301410, 1564877; 301424, 1564879; 301460, 1564899; 301472,
1564922; 301468, 1564941; 301452, 1564950; 301382, 1564933; 301335,
1564939.
(B) Bounded by the following 48 points (39 ac; 16 ha): 301471,
1564593; 301458, 1564567; 301463, 1564557; 301550, 1564532; 301578,
1564506; 301598, 1564501; 301639, 1564501; 301668, 1564487; 301760,
1564465; 301797, 1564449; 301803, 1564442; 301802, 1564433; 301789,
1564410; 301787, 1564397; 301798, 1564388; 301812, 1564387; 301824,
1564395; 301844, 1564426; 301857, 1564432; 301920, 1564441; 301980,
1564460; 302041, 1564447; 302081, 1564449; 302122, 1564459; 302169,
1564479; 302242, 1564523; 302338, 1564565; 302377, 1564592; 302400,
1564618; 302417, 1564647; 302427, 1564679; 302426, 1564699; 302418,
1564724; 302403, 1564740; 302363, 1564757; 302332, 1564757; 302269,
1564741; 302146, 1564681; 302059, 1564655; 302017, 1564655; 301908,
1564682; 301866, 1564674; 301831, 1564660; 301713, 1564582; 301660,
1564566; 301613, 1564561; 301554, 1564564; 301516, 1564572.
(C) Bounded by the following 47 points (58 ac; 23 ha): 301566,
1564945: 301569, 1564920; 301578, 1564904; 301624, 1564888; 301649,
1564857; 301660, 1564850; 301679, 1564850; 301706, 1564888; 301726,
1564892; 301744, 1564883; 301754, 1564864; 301759, 1564836; 301777,
1564825; 301824, 1564810; 301963, 1564798; 301986, 1564807; 302011,
1564845; 302030, 1564859; 302105, 1564881; 302150, 1564885; 302309,
1564864;
[[Page 54346]]
302407, 1564883; 302422, 1564895; 302444, 1564926; 302462, 1564938;
302486, 1564939; 302550, 1564927; 302646, 1564928; 302700, 1564940;
302712, 1564951; 302716, 1564964; 302713, 1564975; 302696, 1564984;
302614, 1564988; 302602, 1564995; 302592, 1565021; 302584, 1565102;
302572, 1565118; 302490, 1565138; 302195, 1565151; 302135, 1565146;
302088, 1565135; 301955, 1565082; 301722, 1565014; 301662, 1564986;
301608, 1564971.
(D) Bounded by the following 61 points (91 ac; 37 ha): 302150,
1564098; 302172, 1564039; 302208, 1564002; 302245, 1563984; 302303,
1563975; 302364, 1563928; 302390, 1563916; 302429, 1563913; 302494,
1563933; 302545, 1563926; 302576, 1563927; 302602, 1563941; 302629,
1563977; 302641, 1563982; 302686, 1563948; 302701, 1563945; 302715,
1563951; 302735, 1563975; 302766, 1564034; 302757, 1564078; 302769,
1564119; 302759, 1564172; 302762, 1564208; 302776, 1564221; 302822,
1564235; 302842, 1564246; 302867, 1564270; 302899, 1564315; 302905,
1564345; 302891, 1564382; 302917, 1564467; 302950, 1564548; 303012,
1564647; 303033, 1564728; 303060, 1564765; 303059, 1564787; 303044,
1564799; 303024, 1564795; 302973, 1564763; 302909, 1564709; 302872,
1564700; 302839, 1564684; 302751, 1564683; 302736, 1564669; 302709,
1564620; 302682, 1564601; 302570, 1564563; 302481, 1564539; 302458,
1564528; 302444, 1564509; 302424, 1564435; 302401, 1564389; 302386,
1564348; 302375, 1564301; 302378, 1564265; 302374, 1564251; 302287,
1564174; 302272, 1564172; 302224, 1564179; 302187, 1564171; 302176,
1564161.
(E) Bounded by the following 319 points (677 ac; 274 ha): 302943,
1564065; 302923, 1564061; 302919, 1564054; 302936, 1564038; 302987,
1564019; 303009, 1563991; 303047, 1563971; 303060, 1563954; 303062,
1563939; 303054, 1563879; 303060, 1563827; 303074, 1563808; 303107,
1563796; 303113, 1563780; 303110, 1563765; 303090, 1563727; 303109,
1563690; 303085, 1563639; 303085, 1563600; 303092, 1563584; 303116,
1563562; 303132, 1563539; 303131, 1563504; 303193, 1563466; 303207,
1563465; 303249, 1563476; 303272, 1563471; 303303, 1563452; 303334,
1563412; 303350, 1563400; 303360, 1563399; 303390, 1563413; 303410,
1563410; 303416, 1563402; 303410, 1563386; 303415, 1563373; 303455,
1563344; 303466, 1563282; 303479, 1563248; 303497, 1563232; 303553,
1563212; 303560, 1563195; 303565, 1563150; 303572, 1563128; 303595,
1563106; 303623, 1563095; 303655, 1563097; 303684, 1563125; 303721,
1563132; 303734, 1563152; 303740, 1563192; 303780, 1563201; 303789,
1563208; 303775, 1563236; 303772, 1563257; 303803, 1563373; 303799,
1563391; 303773, 1563433; 303765, 1563441; 303742, 1563447; 303671,
1563435; 303653, 1563441; 303652, 1563453; 303675, 1563474; 303807,
1563534; 303869, 1563577; 303897, 1563608; 303953, 1563714; 303979,
1563736; 304071, 1563770; 304155, 1563793; 304249, 1563795; 304335,
1563782; 304405, 1563794; 304429, 1563789; 304479, 1563751; 304493,
1563746; 304582, 1563737; 304624, 1563741; 304690, 1563727; 304750,
1563734; 304786, 1563719; 304794, 1563708; 304794, 1563686; 304765,
1563636; 304758, 1563605; 304723, 1563588; 304708, 1563573; 304683,
1563490; 304667, 1563465; 304657, 1563459; 304641, 1563459; 304611,
1563483; 304586, 1563482; 304570, 1563497; 304531, 1563517; 304489,
1563530; 304474, 1563529; 304461, 1563512; 304434, 1563423; 304413,
1563389; 304385, 1563357; 304367, 1563345; 304338, 1563334; 304314,
1563311; 304244, 1563308; 304171, 1563273; 304107, 1563257; 304013,
1563250; 303998, 1563253; 303964, 1563283; 303940, 1563294; 303926,
1563349; 303874, 1563345; 303858, 1563339; 303850, 1563329; 303844,
1563275; 303852, 1563237; 303892, 1563228; 303950, 1563198; 303968,
1563194; 303990, 1563158; 304018, 1563160; 304049, 1563155; 304099,
1563163; 304201, 1563127; 304213, 1563109; 304216, 1563048; 304223,
1563035; 304234, 1563028; 304252, 1563031; 304314, 1563067; 304321,
1563065; 304324, 1563051; 304332, 1563043; 304394, 1563024; 304397,
1563008; 304383, 1562960; 304388, 1562898; 304391, 1562885; 304406,
1562879; 304436, 1562896; 304481, 1562945; 304494, 1562947; 304563,
1562939; 304607, 1562972; 304674, 1563009; 304740, 1563024; 304799,
1563053; 304847, 1563054; 304864, 1563059; 304873, 1563073; 304875,
1563091; 304856, 1563155; 304857, 1563163; 304877, 1563174; 304911,
1563180; 304931, 1563177; 304955, 1563165; 304966, 1563164; 305029,
1563211; 305036, 1563224; 305037, 1563241; 305026, 1563279; 305044,
1563311; 305043, 1563342; 305006, 1563380; 304967, 1563439; 304948,
1563446; 304902, 1563445; 304892, 1563451; 304895, 1563457; 304926,
1563472; 304937, 1563482; 304942, 1563501; 304936, 1563514; 304918,
1563519; 304883, 1563494; 304868, 1563502; 304862, 1563511; 304865,
1563525; 304899, 1563563; 304894, 1563570; 304855, 1563591; 304847,
1563606; 304876, 1563674; 304887, 1563732; 304894, 1563743; 304911,
1563750; 304920, 1563748; 304943, 1563727; 304977, 1563752; 305046,
1563746; 305062, 1563751; 305081, 1563784; 305100, 1563805; 305149,
1563831; 305164, 1563844; 305205, 1563919; 305255, 1563967; 305269,
1563987; 305269, 1564034; 305279, 1564060; 305293, 1564075; 305325,
1564089; 305336, 1564100; 305325, 1564120; 305311, 1564131; 305291,
1564139; 305280, 1564149; 305266, 1564195; 305254, 1564212; 305201,
1564236; 305185, 1564253; 305176, 1564277; 305180, 1564335; 305176,
1564354; 305166, 1564368; 305130, 1564386; 305107, 1564406; 305061,
1564482; 304984, 1564553; 304979, 1564566; 304988, 1564594; 304985,
1564605; 304954, 1564615; 304930, 1564637; 304852, 1564669; 304771,
1564722; 304744, 1564766; 304716, 1564763; 304681, 1564794; 304673,
1564810; 304669, 1564832; 304689, 1564912; 304677, 1564981; 304665,
1564999; 304629, 1565015; 304614, 1565043; 304600, 1565052; 304583,
1565047; 304575, 1565037; 304569, 1565014; 304570, 1564995; 304579,
1564967; 304607, 1564940; 304613, 1564924; 304604, 1564909; 304581,
1564899; 304558, 1564896; 304503, 1564900; 304444, 1564919; 304385,
1564919; 304348, 1564928; 304331, 1564937; 304326, 1564948; 304338,
1565014; 304332, 1565017; 304322, 1565011; 304288, 1564957; 304280,
1564975; 304262, 1564978; 304255, 1564985; 304253, 1565027; 304242,
1565034; 304228, 1565035; 304220, 1565029; 304215, 1565012; 304207,
1565004; 304173, 1565015; 304109, 1565006; 304103, 1564998; 304090,
1564952; 304080, 1564937; 304053, 1564920; 303995, 1564904; 303967,
1564847; 303956, 1564836; 303943, 1564836; 303926, 1564850; 303913,
1564855; 303887, 1564852; 303868, 1564842; 303857, 1564820; 303859,
1564799; 303876, 1564791; 303945, 1564781; 303949, 1564777; 303946,
1564767; 303933, 1564756; 303912, 1564752; 303868, 1564759; 303849,
1564756; 303771, 1564713; 303710, 1564691; 303655, 1564659; 303564,
1564631; 303553, 1564633; 303546, 1564643; 303521, 1564743; 303499,
1564757; 303480, 1564756; 303454, 1564736; 303441, 1564711; 303404,
1564670; 303398, 1564657; 303436, 1564543; 303438, 1564509; 303429,
1564479; 303393, 1564423; 303296, 1564316; 303282, 1564278; 303250,
1564261; 303236, 1564193; 303175, 1564150; 303082, 1564137; 303062,
[[Page 54347]]
1564125; 303052, 1564107; 303036, 1564092.
(F) Bounded by the following 26 points (20 ac; 8 ha): 304256,
1565414; 304308, 1565357; 304346, 1565330; 304472, 1565298; 304590,
1565251; 304620, 1565250; 304645, 1565261; 304690, 1565255; 304727,
1565280; 304777, 1565289; 304783, 1565297; 304763, 1565363; 304744,
1565464; 304735, 1565486; 304715, 1565507; 304686, 1565508; 304660,
1565521; 304578, 1565501; 304541, 1565485; 304509, 1565451; 304503,
1565402; 304498, 1565394; 304485, 1565388; 304457, 1565388; 304410,
1565414; 304382, 1565421.
(G) Bounded by the following 35 points (11 ac; 4 ha): 305091,
1563607; 305046, 1563577; 305022, 1563553; 305015, 1563522; 305001,
1563499; 305002, 1563487; 305012, 1563476; 305061, 1563454; 305086,
1563459; 305114, 1563484; 305141, 1563495; 305168, 1563525; 305195,
1563534; 305247, 1563543; 305243, 1563575; 305278, 1563639; 305274,
1563687; 305262, 1563722; 305263, 1563729; 305291, 1563736; 305355,
1563721; 305372, 1563721; 305382, 1563732; 305381, 1563761; 305368,
1563775; 305332, 1563784; 305308, 1563782; 305274, 1563768; 305234,
1563743; 305202, 1563707; 305158, 1563671; 305150, 1563657; 305149,
1563633; 305132, 1563611; 305115, 1563602.
(H) Bounded by the following 18 points (9 ac; 4 ha): 305348,
1565123; 305320, 1565080; 305322, 1565051; 305361, 1565002; 305416,
1564959; 305431, 1564953; 305452, 1564953; 305503, 1564970; 305537,
1564975; 305554, 1564987; 305570, 1565010; 305577, 1565037; 305570,
1565071; 305550, 1565102; 305523, 1565121; 305499, 1565129; 305412,
1565142; 305390, 1565140.
(I) Bounded by the following 96 points (52 ac, 21 ha): 305681,
1564571; 305654, 1564580; 305620, 1564578; 305565, 1564595; 305547,
1564592; 305537, 1564571; 305532, 1564484; 305527, 1564469; 305511,
1564467; 305502, 1564474; 305486, 1564499; 305467, 1564500; 305456,
1564489; 305453, 1564478; 305455, 1564431; 305458, 1564418; 305469,
1564405; 305527, 1564420; 305567, 1564424; 305612, 1564419; 305641,
1564401; 305646, 1564382; 305644, 1564358; 305620, 1564264; 305626,
1564238; 305640, 1564232; 305731, 1564234; 305750, 1564230; 305757,
1564225; 305745, 1564207; 305722, 1564193; 305699, 1564192; 305645,
1564203; 305623, 1564195; 305619, 1564181; 305622, 1564158; 305646,
1564097; 305677, 1564083; 305781, 1564061; 305789, 1564055; 305793,
1564024; 305819, 1563988; 305881, 1563974; 305897, 1563964; 305938,
1563897; 305946, 1563858; 305951, 1563774; 305948, 1563696; 305939,
1563637; 305922, 1563609; 305861, 1563583; 305831, 1563543; 305806,
1563520; 305798, 1563498; 305837, 1563315; 305862, 1563291; 305893,
1563286; 305902, 1563291; 305907, 1563301; 305906, 1563358; 305950,
1563453; 305953, 1563477; 305949, 1563508; 305954, 1563523; 305960,
1563526; 305994, 1563522; 306046, 1563531; 306057, 1563540; 306063,
1563555; 306110, 1563573; 306118, 1563592; 306118, 1563606; 306105,
1563642; 306071, 1563662; 306059, 1563682; 306062, 1563709; 306080,
1563772; 306077, 1563819; 306064, 1563889; 306006, 1564047; 306002,
1564117; 305990, 1564133; 305961, 1564145; 305848, 1564153; 305822,
1564158; 305803, 1564170; 305793, 1564191; 305793, 1564205; 305832,
1564256; 305838, 1564283; 305835, 1564313; 305821, 1564340; 305807,
1564356; 305712, 1564414; 305673, 1564451; 305665, 1564483.
(J) Bounded by the following 134 points (92 ac; 37 ha): 306267,
1565331; 306353, 1565325; 306341, 1565326; 306400, 1565325; 306433,
1565329; 306453, 1565341; 306484, 1565382; 306514, 1565388; 306559,
1565384; 306598, 1565356; 306621, 1565346; 306716, 1565329; 306720,
1565333; 306720, 1565374; 306729, 1565422; 306716, 1565443; 306684,
1565448; 306681, 1565467; 306688, 1565481; 306699, 1565487; 306755,
1565496; 306816, 1565485; 306955, 1565429; 307014, 1565397; 307111,
1565330; 307119, 1565340; 307118, 1565350; 307055, 1565408; 307034,
1565438; 307017, 1565445; 307005, 1565460; 306968, 1565468; 306955,
1565488; 306957, 1565495; 306969, 1565498; 307025, 1565488; 307029,
1565496; 307026, 1565526; 307050, 1565540; 307066, 1565542; 307204,
1565460; 307258, 1565412; 307269, 1565394; 307276, 1565368; 307288,
1565356; 307369, 1565327; 307451, 1565259; 307509, 1565229; 307537,
1565210; 307570, 1565178; 307610, 1565126; 307746, 1565004; 307839,
1564896; 307872, 1564877; 307878, 1564878; 307882, 1564884; 307884,
1564905; 307873, 1564932; 307783, 1565058; 307734, 1565112; 307580,
1565259; 307319, 1565473; 307080, 1565610; 307035, 1565624; 307014,
1565621; 306976, 1565592; 306934, 1565568; 306887, 1565525; 306868,
1565520; 306815, 1565528; 306718, 1565559; 306626, 1565562; 306510,
1565585; 306399, 1565586; 306337, 1565579; 306331, 1565589; 306345,
1565658; 306354, 1565736; 306349, 1565806; 306352, 1565829; 306383,
1565896; 306399, 1565902; 306440, 1565898; 306438, 1565928; 306417,
1565948; 306391, 1565949; 306277, 1565911; 306256, 1565896; 306205,
1565844; 306173, 1565823; 306154, 1565817; 306115, 1565820; 306094,
1565817; 306042, 1565781; 305989, 1565708; 305972, 1565692; 305953,
1565683; 305910, 1565671; 305870, 1565667; 305844, 1565673; 305795,
1565705; 305766, 1565717; 305719, 1565718; 305693, 1565710; 305684,
1565703; 305674, 1565679; 305677, 1565641; 305689, 1565625; 305724,
1565609; 305766, 1565605; 305890, 1565626; 305937, 1565602; 305969,
1565601; 305988, 1565595; 306002, 1565572; 305991, 1565555; 305968,
1565549; 305920, 1565551; 305909, 1565543; 305911, 1565530; 305918,
1565520; 305951, 1565499; 305972, 1565493; 306026, 1565498; 306076,
1565493; 306107, 1565505; 306133, 1565507; 306178, 1565494; 306219,
1565475; 306231, 1565463; 306221, 1565427; 306232, 1565386; 306235,
1565356; 306242, 1565346.
(K) Bounded by the following 207 points (355 ac, 144 ha): 305824,
1565279; 305789, 1565258; 305784, 1565251; 305785, 1565239; 305801,
1565217; 305929, 1565095; 305932, 1565086; 305918, 1565072; 305912,
1565059; 305919, 1565045; 306024, 1564981; 306114, 1564950; 306143,
1564935; 306189, 1564892; 306228, 1564832; 306234, 1564811; 306232,
1564774; 306229, 1564764; 306218, 1564755; 306172, 1564745; 306107,
1564754; 306095, 1564751; 306119, 1564647; 306140, 1564643; 306179,
1564618; 306271, 1564573; 306302, 1564551; 306326, 1564524; 306369,
1564511; 306391, 1564451; 306411, 1564417; 306416, 1564385; 306451,
1564361; 306476, 1564320; 306512, 1564285; 306520, 1564269; 306525,
1564238; 306571, 1564226; 306588, 1564168; 306658, 1564143; 306684,
1564127; 306701, 1564108; 306706, 1564092; 306702, 1564075; 306686,
1564051; 306674, 1564042; 306639, 1564039; 306558, 1564052; 306546,
1564039; 306554, 1564023; 306591, 1564006; 306708, 1563983; 306772,
1563964; 306791, 1563953; 306807, 1563932; 306831, 1563941; 306861,
1563968; 306910, 1563986; 306925, 1563998; 306936, 1564022; 306933,
1564035; 306884, 1564066; 306859, 1564062; 306794, 1564101; 306774,
1564120; 306763, 1564146; 306750, 1564158; 306777, 1564193; 306784,
1564210; 306782, 1564217; 306757, 1564222; 306745, 1564235; 306741,
1564248; 306773, 1564278; 306794,
[[Page 54348]]
1564357; 306816, 1564376; 306835, 1564377; 306852, 1564364; 306910,
1564341; 306916, 1564308; 306925, 1564297; 307000, 1564277; 307031,
1564262; 307039, 1564252; 307050, 1564208; 307116, 1564160; 307174,
1564088; 307185, 1564080; 307219, 1564074; 307238, 1564065; 307248,
1564043; 307255, 1564008; 307253, 1563934; 307259, 1563908; 307274,
1563879; 307331, 1563809; 307374, 1563769; 307448, 1563710; 307474,
1563696; 307493, 1563692; 307505, 1563698; 307521, 1563719; 307540,
1563768; 307549, 1563778; 307559, 1563772; 307590, 1563724; 307608,
1563710; 307626, 1563711; 307655, 1563727; 307685, 1563724; 307698,
1563711; 307703, 1563696; 307696, 1563628; 307702, 1563589; 307723,
1563542; 307734, 1563528; 307744, 1563523; 307756, 1563524; 307765,
1563534; 307774, 1563582; 307787, 1563600; 307825, 1563608; 307844,
1563604; 307852, 1563596; 307861, 1563558; 307867, 1563553; 307889,
1563564; 307923, 1563593; 307927, 1563604; 307921, 1563627; 307936,
1563675; 307930, 1563733; 307920, 1563742; 307883, 1563736; 307879,
1563783; 307884, 1563800; 307893, 1563814; 307944, 1563854; 307971,
1563870; 307982, 1563901; 307992, 1563990; 307991, 1564149; 307988,
1564195; 307974, 1564273; 307965, 1564280; 307951, 1564281; 307936,
1564279; 307930, 1564273; 307920, 1564120; 307913, 1564102; 307888,
1564066; 307881, 1564043; 307884, 1564018; 307901, 1563976; 307896,
1563936; 307882, 1563914; 307855, 1563892; 307833, 1563882; 307738,
1563862; 307724, 1563851; 307698, 1563804; 307679, 1563790; 307668,
1563794; 307660, 1563807; 307651, 1563877; 307626, 1563911; 307620,
1563912; 307613, 1563901; 307620, 1563870; 307614, 1563851; 307589,
1563831; 307560, 1563832; 307551, 1563859; 307524, 1564171; 307536,
1564245; 307536, 1564274; 307529, 1564301; 307479, 1564419; 307468,
1564503; 307434, 1564587; 307418, 1564611; 307388, 1564640; 307359,
1564686; 307320, 1564721; 307306, 1564740; 307271, 1564752; 307259,
1564762; 307248, 1564802; 307235, 1564826; 307155, 1564929; 307101,
1565031; 306941, 1565211; 306880, 1565237; 306617, 1565317; 306574,
1565313; 306447, 1565277; 306389, 1565255; 306296, 1565255; 306259,
1565250; 306194, 1565223; 306169, 1565231; 306155, 1565256; 306145,
1565262; 306028, 1565253; 305991, 1565246; 305927, 1565246; 305867,
1565253.
(L) Bounded by the following 107 points (81 ac, 33 ha): 306372,
1562797; 306403, 1562764; 306427, 1562755; 306453, 1562754; 306508,
1562763; 306586, 1562785; 306716, 1562834; 306746, 1562833; 306800,
1562809; 306806, 1562794; 306805, 1562779; 306797, 1562766; 306785,
1562758; 306715, 1562738; 306706, 1562725; 306708, 1562711; 306724,
1562696; 306753, 1562687; 306769, 1562689; 306785, 1562702; 306796,
1562704; 306807, 1562695; 306827, 1562660; 306836, 1562654; 306883,
1562662; 306923, 1562677; 306933, 1562691; 306933, 1562707; 306939,
1562720; 306971, 1562743; 306951, 1562767; 306947, 1562793; 306958,
1562864; 306987, 1562890; 306977, 1562913; 306976, 1562986; 306970,
1563033; 306978, 1563053; 307007, 1563079; 307014, 1563093; 306993,
1563114; 306991, 1563142; 307005, 1563172; 307041, 1563196; 307061,
1563224; 307109, 1563376; 307115, 1563433; 307101, 1563555; 307090,
1563605; 307081, 1563625; 307041, 1563678; 306975, 1563692; 306968,
1563704; 306961, 1563741; 306940, 1563760; 306895, 1563780; 306846,
1563792; 306781, 1563803; 306764, 1563798; 306762, 1563787; 306773,
1563735; 306750, 1563589; 306754, 1563583; 306775, 1563588; 306787,
1563583; 306803, 1563565; 306805, 1563550; 306795, 1563527; 306784,
1563519; 306758, 1563521; 306724, 1563550; 306718, 1563548; 306714,
1563525; 306726, 1563496; 306757, 1563475; 306774, 1563453; 306785,
1563420; 306786, 1563371; 306775, 1563350; 306757, 1563337; 306692,
1563316; 306669, 1563300; 306622, 1563226; 306605, 1563190; 306604,
1563169; 306612, 1563144; 306622, 1563134; 306639, 1563129; 306654,
1563136; 306676, 1563170; 306707, 1563193; 306752, 1563216; 306766,
1563218; 306780, 1563215; 306800, 1563165; 306808, 1563115; 306774,
1562987; 306764, 1562973; 306739, 1562961; 306723, 1562946; 306693,
1562893; 306677, 1562877; 306629, 1562869; 306539, 1562836; 306441,
1562823; 306394, 1562826; 306382, 1562817.
(M) Bounded by the following 69 points (47 ac, 30 ha): 306858,
1566129; 306891, 1566009; 306917, 1565936; 306929, 1565916; 306982,
1565882; 307028, 1565864; 307063, 1565860; 307180, 1565888; 307248,
1565881; 307286, 1565897; 307298, 1565886; 307308, 1565851; 307318,
1565838; 307332, 1565837; 307358, 1565846; 307377, 1565842; 307505,
1565779; 307601, 1565717; 307612, 1565701; 307601, 1565695; 307534,
1565713; 307503, 1565714; 307484, 1565702; 307479, 1565684; 307498,
1565657; 307547, 1565628; 307571, 1565607; 307606, 1565538; 307618,
1565489; 307628, 1565475; 307745, 1565409; 307789, 1565409; 307829,
1565429; 307844, 1565447; 307857, 1565486; 307858, 1565512; 307852,
1565527; 307805, 1565571; 307794, 1565595; 307797, 1565619; 307825,
1565662; 307834, 1565689; 307808, 1565748; 307802, 1565778; 307813,
1565781; 307892, 1565745; 307958, 1565725; 307992, 1565724; 308008,
1565734; 308007, 1565752; 307998, 1565762; 307875, 1565825; 307834,
1565866; 307814, 1565879; 307743, 1565910; 307628, 1565928; 307491,
1565976; 307455, 1565998; 307428, 1566032; 307412, 1566044; 307254,
1566105; 307143, 1566130; 307118, 1566145; 307054, 1566200; 307032,
1566199; 306993, 1566178; 306951, 1566179; 306896, 1566171; 306871,
1566153.
(iii) Note: Map 1 of the critical habitat for Rota bridled white-
eye follows:
[[Page 54349]]
[GRAPHIC] [TIFF OMITTED] TP14SE05.001
* * * * *
Dated: September 7, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-18051 Filed 9-13-05; 8:45 am]
BILLING CODE 4310-55-P