Endangered and Threatened Wildlife and Plants; Proposed Rule To Remove the Tinian Monarch From the Federal List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE40

Endangered and Threatened Wildlife and Plants; Proposed Rule To

Remove the Tinian Monarch From the Federal List of Endangered and

Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of petition finding.

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SUMMARY: Under the authority of the Endangered Species Act of 1973

(Act), as amended, the U. S. Fish and Wildlife Service (Service)

proposes to remove the Tinian monarch (Monarcha takatsukasae) from the

Federal List of Endangered and Threatened Wildlife. The Tinian monarch

is a bird endemic to the island of Tinian in the Mariana archipelago in

the western Pacific Ocean. It was listed as endangered on June 2, 1970,

because its populations were thought to be critically low due to the

destruction of native forests by pre-World War II (WW II) agricultural

practices and military activities during WW II. Forest bird surveys

conducted by the Service in 1982 resulted in a population estimate of

40,000 monarchs. Based on the results of this survey, we downlisted the

monarch to threatened status on April 6, 1987. A study of monarch

breeding biology in 1994 and 1995 suggested a rough population estimate

of 52,904 birds. In 1996, a replication of the 1982 surveys yielded a

population estimate of 55,721 birds, a significant increase from 1982

levels. The 1996 survey also found significantly denser forest habitat

from 1982 levels, which may reflect an increase in monarch habitat

quality. This proposed rule acknowledges the increase in population

numbers and the likely improvement in habitat quality. If made final

this rule would remove Federal protection provided by the Act for this

species. Removal of Federal protection for the Tinian monarch does not

nullify protections provided by the government of the Commonwealth of

the Northern Mariana Islands (CNMI) to the monarch as a protected

wildlife species or its designation by CNMI as a threatened or

endangered species. This proposal also constitutes a finding on a

petition to delist this species.

DATES: We must receive comments from all interested parties by April

23, 1999. We must receive public hearing requests by April 8, 1999.

ADDRESSES: Send comments and materials concerning this proposal to the

Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands

Ecoregion, 300 Ala Moana Boulevard, Room 3-122, Box 50088, Honolulu,

Hawaii 96850. Comments and materials received will be available for

public inspection, by appointment, during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Michael R. Lusk, Staff Biologist,

Pacific Islands Ecoregion, (see ADDRESSES section), telephone 808/541-

3441; facsimile 808/541-3470.

SUPPLEMENTARY INFORMATION:

Background

The Tinian monarch, locally known as Chuchurican Tinian, was first

recognized as a species in 1931, when it was described by Y. Yamashina

(Takatsukasa and Yamashina 1931). It is a small (15 centimeters (6

inches)) flycatcher (Family Monarchidae) with light rufous underparts,

olive-brown upper parts, dark brown wings and tail, and white rump and

undertail coverts (Baker 1951). The monarch is endemic to the island of

Tinian, CNMI. However, a recent examination of museum specimens by

Peters (1996) suggests that a now extirpated population may have once

existed on the island of Saipan, CNMI. The monarch inhabits a variety

of forest types on Tinian, including native limestone forest (dominated

by such species as Ficus spp., Elaeocarpus joga, Mammea odorata, Guamia

mariannae, Cynometra ramiflora, Aglaia mariannensis, Premna

obtusifolia, Pisonia grandis, Ochrosia mariannensis, Neisosperma

oppositifolia, Intsia bijuga, Melanolepis multiglandulosa, Eugenia

spp., Pandanus spp., Artocarpus spp., and Hernandia spp.), secondary

vegetation (consisting primarily of Acacia confusa, Albizia lebbeck,

Casuarina equisetifolia, Cocos nucifera, and Delonix regia with

[[Page 8534]]

some native species mixed in), and nearly pure stands of introduced

Leucaena leucocephala (tangantangan) (Engbring et al. 1986, USFWS

1996).

Heavy disturbance of the island's native forests began in the 18th

century when the Spaniards used Tinian as a supply island for Guam and

maintained large herds of cattle and other ungulates on the island

(Fosberg 1960). This trend continued, and in 1926 a Japanese company

leased the entire island and cleared additional forested lands for

sugarcane production (Belt Collins 1994). During WW II, most remaining

native vegetation was destroyed or denuded by either military campaigns

or military construction, though some suitable bird habitat still

survived (Baker 1946). After the war, the U.S. military may have seeded

the CNMI with tangantangan (USFWS 1995, 1996). Currently, the

vegetation on Tinian is highly disturbed, with the single most

predominant habitat type on Tinian being tangantangan thickets (Fosberg

1960, Engbring et al. 1986, Falanruw et al. 1989). According to

Engbring et al. (1986), 38 percent of Tinian is dominated by

tangantangan, while Falanruw et al. (1989) estimated 54 percent of the

island to be covered in secondary vegetation, which in her definition

included tangantangan thickets. Only 5 percent to 7 percent of the

island is estimated to remain in native forest (Engbring et al. 1986,

Falanruw et al. 1989), which is restricted to steep limestone

escarpments (Falanruw et al. 1989).

In 1995, the annual census of Tinian recorded a human population of

2,628 residents. In 1986, Engbring et al. (1986) recorded the

population as being less than 1,000. The majority of residents live in

the island's only town of San Jose at the southwestern edge of the

island. The northern two-thirds of the island (71 percent of the total

island) is leased to the U.S. military for defense purposes (Belt

Collins 1994). The remaining 29 percent of the island is divided

between leased public property (67 percent), privately owned property

(26 percent), and other public property (7 percent) (Deborah Clark,

Marianas Public Land Corporation, pers. comm. 1998). Approximately 10

percent of the total island is devoted to agriculture, while another 30

to 50 percent is used for cattle grazing (Engbring et al. 1986, Belt

Collins 1994).

We originally listed the Tinian monarch as endangered in 1970 (35

FR 8491) under the authority of the Endangered Species Conservation Act

of 1969 (16 U.S.C. 668cc). We continued the endangered status of the

monarch under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544).

We based our decision to list the monarch as endangered on an estimate

by Gleize (1945) of 40-50 monarchs on Tinian after WW II (April 6,

1987, 52 FR 10890), although it is not clear if his report was an

estimate of the number of birds he saw, or an estimate of the entire

population. Pratt et al. (1979) suggested that this estimate

represented only the number of birds Gleize observed in a specific,

small part of the island. About the same time as Gleize, Downs (1946)

reported that monarchs were restricted in distribution to distinct

locations on the island, while Marshall (1949) considered the monarch

to be abundant. In the late 1970s, Pratt et al. (1979) estimated

monarchs to number in the tens of thousands and to prefer tangantangan

thickets. In 1982, the Service conducted forest bird surveys of the

southern islands in the Mariana archipelago. We found the monarch to be

the second most abundant species on Tinian with a population estimate

of 40,000, distributed throughout the island and across all forested

habitat types (Engbring et al. 1986). Engbring et al. (1986)

recommended the reassessment of the monarch's endangered status. This

reassessment led to the reclassification of the Tinian monarch from

endangered to threatened in 1987 (52 FR 10890).

Between 1994 and 1995, we conducted a life history study of the

Tinian monarch and reported a population estimate of 52,904 monarchs.

During this study we found that the native limestone forest may be

preferred by monarchs over secondary and tangantangan forest types,

based on the following--(1) monarch home range sizes were found to be

four to five times smaller in native limestone forest than in secondary

and tangantangan forests (home range sizes in limestone forest averaged

1,221 square meters (1,334 square yards), while home range sizes in

secondary and tangantangan forest types averaged 5,196 and 6,385 square

meters (5,679 and 6,979 square yards), respectively, indicating that

native forest provides higher quality monarch habitat because smaller

areas are able to support a monarch home range; (2) 64 percent of all

monarch nests were constructed in native tree species; (3) of 114

monarch nests, we found 62 in native forest while only we found 52 in

the secondary and tangantangan forest types combined, indicating that

monarchs have higher nest densities in native forest; (4) nesting

success in native limestone forest was greater than in secondary and

tangantangan forest types (of 19 nests that produced nestlings, 13 were

in native limestone forest and only 6 were in secondary forest and

tangantangan forests combined); and (5) based on resightings of banded

birds, we found monarch densities to be four to five times higher in

limestone forest than in either secondary or tangantangan forest (30.7

birds/hectare (ha), 7.7 birds/ha, and 6.0 birds/ha, respectively)

(USFWS 1996). Nevertheless, we found that the monarch was successfully

foraging and breeding in secondary and tangantangan forests throughout

the island and recommended that the threatened status of the monarch be

reassessed (USFWS 1996).

Subsequently, we conducted a survey of the avifauna of Tinian in

1996 following the methodology of the 1982 surveys for comparative

purposes. The 1996 survey estimated the monarch population at 55,721

birds, significantly higher than the 1982 estimates (Lusk et al. 1997).

The 1996 survey also found that across all forest types, vegetation

density had significantly increased from 1982 levels. This may be

related to a marked decrease in grazing pressure in recent years (Lusk

et al. 1997). We hypothesize that the increase in the Tinian monarch

population is related to the increase in density of both native and

introduced forest habitat types which may represent an increase in

monarch habitat quality (Lusk et al. 1997).

Previous Federal Action

We classified the Tinian monarch as endangered on June 2, 1970 (35

FR 8495), and we included it as an endangered species under the

Endangered Species Act (Act) of 1973, which superseded earlier

endangered species legislation. The primary reasons for listing the

monarch were presumed low numbers (April 6, 1987; 52 FR 10890) and the

removal or destruction of forest by agriculture practices and/or

military activities during WW II (November 1, 1985; 50 FR 45632).

However, this listing was not based on actual surveys of the bird's

status. Subsequently, in 1982, we conducted a survey and found an

increase both in Tinian monarch numbers and suitable forest habitat

(Engbring et al. 1986). On November 1, 1985 (50 FR 45632), the Service

proposed that the monarch be removed from protection of the Act, as

amended. Based on comments received, we chose to reclassify the monarch

to threatened status, thus continuing protection of the species under

the Act (April 6, 1987; 52 FR 10890). We did not designate critical

habitat for the Tinian monarch. This delisting proposal serves as a

positive finding on a petition

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submitted by the National Wilderness Institute dated February 3, 1997,

requesting delisting of the Tinian monarch.

Listing Priority Guidance

The Service has implemented a series of listing priority guidance

policies since 1996 to clarify the order in which we will process

rulemaking actions. The need for this guidance arose following major

disruptions in our listing budget beginning in Fiscal Year 1995 and a

moratorium on certain listing actions during parts of Fiscal Years 1995

and 1996. The intent of the guidance is to focus our efforts on listing

actions that will provide the greatest conservation benefits to

imperiled species in the most expeditious and biologically sound

manner. Due to a large backlog of species in need of the Act's

protection, the preparation of delisting rules was a low priority

following the lifting of the moratorium in Fiscal Year 1996 and in

Fiscal Year 1997.

Processing of this proposed delisting conforms with the Listing

Priority Guidance for Fiscal Years 1998 and 1999 published on May 8,

1998 (63 FR 25502). This guidance gives highest priority (Tier 1) to

processing emergency rules to add species to the Lists of Endangered

and Threatened Wildlife and Plants; second priority (Tier 2) to

processing final determinations on proposals to add species to the

lists, processing new proposals to add species to the Lists, processing

administrative findings on petitions (to add species to the lists,

delist species, or reclassify listed species), and processing a limited

number of proposed or final rules to delist or reclassify species; and

third priority (Tier 3) to processing proposed or final rules

designating critical habitat. Processing of this delisting proposal is

a Tier 2 action.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

part 424) promulgated to implement the listing provisions of the Act

set forth the procedures for listing, reclassifying, or removing

species from the Federal lists. We may determine a species as

endangered or threatened due to one or more of the five factors

described in section 4(a)(1). The data we use to support a removal must

be the best scientific and commercial data available, and it must

substantiate that the species is neither endangered nor threatened for

one or more of the following reasons: extinction, recovery of the

species, or an error in the original data that supported the

classification. The factors considered and their application to the

Tinian monarch are discussed below.

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

Surveys (1982, 1994-1995, 1996) conducted since the classification

of the Tinian monarch as endangered in 1970 have shown an increase in

the known abundance and distribution of this species. At the time of

listing, we thought its numbers were critically low due to the

destruction of native forests by pre-WW II agricultural practices and

war-time military activities (50 FR 45632). However, no surveys for

this species were conducted in the 20-plus years before the 1970

listing. The monarch inhabits approximately 62 percent of Tinian, of

which approximately 93 percent is secondary and tangantangan vegetation

(Engbring et al. 1986, USFWS 1996, Lusk et al. 1997). Although native

limestone forest provides the preferred habitat of the monarch,

secondary vegetation and tangantangan thickets also provide important

breeding and foraging habitat (Engbring et al. 1986, USFWS 1996, Lusk

et al. 1997).

Tinian has a total surface area of approximately 10,172 ha (25,135

acres) (Falanruw et al. 1989). Currently, the U.S. Navy leases the

northern two-thirds of the island (71 percent of the total island) for

defense purposes (Belt Collins 1994). This leased land encompasses

roughly 75 percent of the total remaining monarch habitat on the

island, but only about 30 percent of the total remaining native

limestone forest. Therefore, we grossly estimate that about 70 percent

of the monarch population (39,000 birds) now occurs on Navy-leased

lands (Annie Marshall, U.S. Fish and Wildlife Service, pers. comm.

1998). The Navy entered into a 50-year lease agreement with the CNMI

for these Tinian lands in 1983, with an option to renew for another 50

years (CNMI and USA 1994; Tim Sutterfield, Navy Fish and Wildlife

Biologist, pers. comm. 1998). None of the current Tinian-leased lands

are expected to be leased back to Tinian for the duration of the

remaining 50-year contract, which expires in 2033 (T. Sutterfield,

pers. comm. 1998). Approximately one-half of the lands under Navy lease

are designated as Exclusive Military Use Area; the Navy allows grazing

agriculture and other permitted uses on the remaining lands.

Activities in the Exclusive Military Use Area were outlined in the

August 1998 Draft Environmental Impact Statement for Military Training

in the Marianas. Most military activities on Tinian in the future will

be the same as past actions, including field maneuvers, a variety of

aviation training and air-cushioned landing craft training. Such

training has had little to no impact on the Tinian monarch population

in the past and we do not expect it to impact this species in the

future. Other proposed land uses in this area include construction of a

small logistics support base camp, security gates, a small arms range

and a mortar range, and the use of two beaches for amphibious assault

vehicle landings. These activities may involve minimal clearing of

monarch habitat but we do not expect them to jeopardize the monarch

population. No other construction activities are planned for the area.

On the other Navy-leased lands that are available for non-military

activities, large portions already contain fields suitable for grazing,

and grazing in these areas is not likely to significantly affect the

monarch population. Agriculture in this area, which is defined in the

lease as planting, cultivating and harvesting of crops or fruit or nut

bearing trees, may involve minimal clearing. However, we do not expect

this to occur on a large scale because water is limited, and there is

no irrigation system to allow cultivation of large tracts of land.

Other uses could include the small-scale construction of permanent

structures, most likely in the form of small houses built close to

agriculture or grazing areas. Based on past trends on Tinian, we do not

anticipate major construction activities on Navy-leased lands.

Approximately 10 percent of the total island is devoted to

agriculture (e.g., taro, sweet potato, eggplant, etc.) while another 30

percent to 50 percent is used for cattle grazing (Engbring et al. 1986,

Belt Collins 1994). The number of cattle grazing on the island has been

reduced dropped by approximately 60 percent over the last two decades

and this reduced grazing pressure should increase forest densities

(Lusk et al. 1997). As cattle grazing decreases and revenue is lost

through this enterprise, lands outside of Navy lease areas may be

developed to make up for lost revenues, while lands under Navy lease

are more likely to regenerate because any large scale development of

these lands is prohibited (CNMI and USA 1994). Therefore, even though

land clearing on Tinian may increase as a result of resort and casino

development, approximately 71 percent of the remaining land on Tinian

is covered by Navy lease until 2033. After this time the Navy has the

option to renew its lease for another 50 years.

[[Page 8536]]

Although there are currently no specific plans by the CNMI

government to set aside any of the land now leased by the Navy as

conservation areas, we have begun discussions with the government of

Tinian and the Navy to set aside conservation areas as mitigation for

project development on other areas of Tinian. The Federal Aviation

Administration (FAA), in its Pre-Final Environmental Assessment for

Airport Improvements at Tinian International Airport, proposes to set

aside, in perpetuity, 379 ha of monarch habitat as mitigation with the

CNMI government and the Navy.

We anticipate conversion of portions of the remaining forests of

Tinian for agriculture, military activities, resort and casino

development, and housing for a growing human population in the future.

A four hundred-room casino was recently completed on Tinian and two

more are in the planning stages; only a total of five are permitted for

the island (Mike Fitzgerald, Telesource CNMI, pers. comm. 1998). Even

if additional development is permitted, it is unlikely that development

or habitat destruction will approach the level that occurred during

WWII within the foreseeable future. WWII was a major event which, in

conjunction with previous clearing for agriculture, culminated in the

clearing of approximately 95 percent of Tinian's native forest. In

addition, most of the best monarch habitat, native limestone forest, is

likely to remain protected simply because the majority of it occurs

along steep cliff faces which cannot be developed. If all forested

lands on Tinian were developed, except for the native limestone forest

along steep cliff faces and the Navy-leased lands, we estimate that

enough habitat would remain to support a population of 41,791 monarchs

(75 percent of the current population--70 percent on protected Navy

lands and 5 percent in undevelopable native limestone forest outside

Navy lands).

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

The monarch is a small song bird and is not threatened by or sought

for commercial, recreational, scientific, or educational purposes.

C. Disease or Predation

There are no known avian disease or predation problems on Tinian.

At present all bird species on Tinian appear to have healthy

populations. Exotic predators, such as rats (Rattus rattus), cats

(Felis catus), and monitor lizards (Varanus indicus), and native

predators, such as collared kingfishers (Halcyon chloris) and

Micronesian starlings (Aplonis opacus), are all potential predators of

the monarch and currently exist on Tinian (USFWS 1996). However, the

fact that the monarch population has increased over the past decade

indicates that these predators are not limiting factors. There is

concern on Tinian, as there is for all islands in Micronesia, that

disease or additional predators might someday be introduced and pose a

threat.

On Guam, in the southern Mariana Islands, the brown tree snake

(Boiga irregularis), an introduced predator, has either extirpated or

driven to extinction the majority of the native birds (Savidge 1987).

There have been no sightings of brown tree snakes on Tinian since

November 1995, when a total of four snakes were reported. No snakes

have ever been captured on Tinian. However, with increased military

activity and resort and casino construction on Tinian, the chance of an

accidental introduction from Guam to Tinian is increased. In 1997, a

cargo quarantine area, consisting of a hollow block wall with smooth

finish and electrified mesh on top, was constructed at Tinian's port to

hold incoming cargo for snake clearance. We required construction of

the quarantine area as part of the Voice of America radio tower project

on Tinian (USFWS 1995). A wildlife technician provided by the CNMI

Division of Fish and Wildlife (DFW) maintains approximately 30 snake

traps within the cargo quarantine area and around the entire port area

(Vogt 1998). In addition, the CNMI DFW is tracking potential brown tree

snake prey base species in the vicinity of the ports of Saipan, Tinian,

and Rota as a method of early snake detection. Currently, the only

potential prey monitored is the green anole lizard (Anolis

carolinensis) population, but there are plans to monitor the shrew

(Suncus murinus) population in the future as well (Vogt 1998). The CNMI

Quarantine Division currently runs a sniffer dog program on Saipan that

consists of two handlers and two dogs that check incoming cargo for

brown tree snakes. The CNMI hopes to expand this program to Tinian and

Rota by 1999. In addition, the CNMI conducts training for its DFW and

Quarantine personnel with the U.S. Geological Survey Biological

Resource Division and the U.S. Department of Agriculture Wildlife

Services on Guam at least two to three times per year (Vogt 1998).

The Department of Defense is working with the Service toward the

control of the snakes on Guam, particularly around transport centers

(docks and airfields). We are actively funding research into methods of

controlling the snakes on Guam, in part, to reduce the threat of

introduction to the other islands in this area of the Pacific. Both the

CNMI DFW and Guam Department of Aquatic and Wildlife Resources conduct

active brown tree snake public awareness educational campaigns

consisting of school presentations, news releases, workshops, and

poster/pamphlet distribution.

The delisting of the Tinian monarch is not expected to influence

the current and on-going brown tree snake control and prevention

programs in the CNMI. Funding for and implementation of these programs

are not dependent on species protected under the Act. In 1996, the CNMI

became a signatory of the Memorandum of Agreement between the local

governments of Hawaii, Guam and the CNMI, and individual Federal

government agencies concerned with brown tree snake eradication and

control. This MOU commits the CNMI to a proactive brown tree snake

program and allows the CNMI to apply for funding from the allotment of

money appropriated by the U.S. Congress each year for brown tree snake

control.

The governor of the CNMI has also signed a directive making it a

priority for the Ports Authority and related agencies to work with the

CNMI Division of Fish and Wildlife to develop effective snake

interdiction strategies. Because of this, the DFW has been able to get

a commitment from the Ports Authority for a quarantine yard at the port

on Saipan for high risk cargo. We believe the quarantine yard on Saipan

will indirectly benefit Tinian by preventing the spread of brown tree

snakes into the CNMI. In addition, all construction companies operating

in the CNMI must have a snake control plan. A typical plan calls for

inspection of cargo, snake searches and possibly running snake traps at

the job site.

D. The Inadequacy of Existing Regulatory Mechanisms

The monarch is presently listed on the CNMI's list of Threatened or

Endangered Species, although no local regulations have been promulgated

to specifically protect species on this list. Species on the CNMI

threatened and endangered list primarily benefit from name recognition

rather than through specific statutory protections. There are, however,

other CNMI laws and regulations that protect the monarch. Legal

protection for the monarch comes from Public Law 2-51 which states that

it is illegal to kill, capture or harass forest birds (except doves

which can be hunted with a license), including their

[[Page 8537]]

eggs or offsprings. The monarch is considered ``protected wildlife''

under this law. Protected wildlife includes native forest birds,

waterfowl, shorebirds, seabirds and marine mammals. There are few, if

any, enforcement problems, because the monarch is not harvested for

commercial, recreational, or other purposes.

Perhaps more important than regulations specifically protecting the

monarch are laws that protect the overall integrity of the island

ecosystem, such as quarantine laws. Quarantine regulations have been

promulgated and are enforced by the CNMI government at airports and

ports of entry. The U.S. military is self-regulatory and enforces its

own quarantine regulations. Other CNMI laws that protect the

environment and provide indirect benefit to the monarch include the

Coastal Resource Management Act (Public Law 3-47) which was enacted

February 11, 1983. This law established the Coastal Resources

Management Office, Coastal Advisory Council, and the Appeals Board to

encourage land-use master planning, the development of zoning and

building code legislation, and to promote the wise development of

coastal resources. The Environmental Protection Act (Public Law 2-23)

was enacted October 8, 1982. It established the Division of

Environmental Quality, in part, to maintain optimal levels of air, land

and water quality to protect and preserve the public health and general

welfare. The Soil and Water Conservation Act (Public Law 4-44) was

enacted May 1, 1985. It created the Soil and Water Conservation Program

within the Department of Natural Resources to promote soil and water

conservation by preventing erosion. Finally, the Fish, Game and

Endangered Species Act (Public Law 2-51) was enacted October 19, 1981.

It established the Division of Fish and Wildlife to provide the

conservation of fish, game and endangered species of plants and

animals.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

We know of no threats to the monarch by any other natural or

manmade factors.

The regulations at 50 CFR 424.11(d) state that a species may be

delisted if (1) it becomes extinct, (2) it recovers, or (3) the

original classification data were in error. We have carefully assessed

the best scientific and commercial information available regarding the

past, present, and future threats faced by this species in determining

to propose this rule. All available information indicates that the

monarch has recovered from formerly depleted numbers following WW II,

and analysis of the five factors described in section 4(a)(1) shows

that the species no longer meets the Act's definitions of threatened or

endangered. Therefore, we propose to remove the Tinian monarch from the

List of Endangered and Threatened Wildlife.

Effects of This Rule

This rule, if made final, will revise Sec. 17.11 (h) to remove the

Tinian monarch from the Federal list of Endangered and Threatened

Wildlife, and will formally recognize that this species is not likely

to become an endangered species within the foreseeable future

throughout all or a significant portion of its range. The prohibitions

and conservation measures provided by the Act, particularly sections 7

and 9, will no longer apply to this species. Federal agencies would no

longer need to consult with us to insure that any action they

authorize, fund, or carry out is not likely to jeopardize the continued

existence of the Tinian monarch.

The Tinian monarch is protected by the CNMI government (Public Law

2-51, 2 CMC 5108). Removal of Federal protection for the Tinian monarch

does not nullify its protection by the local CNMI government. Future

management actions conducted by both the CNMI government and the

Service will primarily involve continuing to fund both research and

implementation of brown tree snake control techniques to reduce the

risk of introduction of snakes onto Tinian, but will also involve

efforts to set aside parts of Tinian's forests as wildlife conservation

areas.

Monitoring

The 1988 amendments to the Act (section 4(g)) require that all

species that have been delisted due to recovery be monitored for at

least 5 years following delisting. We intend to monitor the status of

the Tinian monarch, in cooperation with the CNMI, through periodic

field surveys of the distribution and population size of the monarch,

monitoring of development and land clearing on Tinian, assessment of

impacts of military training on Navy leased lands, and close monitoring

of potential introduction of brown tree snakes onto the island.

Public Comments Solicited

Proposed Delisting

We intend that any final action resulting from this proposal be as

accurate as possible. Therefore, we solicit comments or suggestions

from the public, other concerned governmental agencies, the scientific

community, industry, or any other interested party concerning this

proposed rule. We particularly seek comments concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species;

(3) Additional information concerning range, distribution, and

population sizes of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Final promulgation of the regulation on this species will take into

consideration the comments and any additional information we receive,

and such communications may lead to a final determination that differs

from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. We must receive hearing requests within

45 days of the date of publication of the proposal in the Federal

Register. You must make such requests in writing and address them to

the Field Supervisor, Pacific Islands Ecoregion, U.S. Fish and Wildlife

Service (see ADDRESSES section).

Executive Order 12866

Executive Order 12866 requires agencies to write regulations that

are easy to understand. We invite your comments on how to make this

proposal easier to understand including answers to questions such as

the following: (1) Is the discussion in the Supplementary Information

section of the preamble helpful in understanding the proposal? (2) Does

the proposal contain technical language or jargon that interferes with

its clarity? (3) Does the format of the proposal (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? What else could we do to make the proposal easier to

understand?

Send a copy of any comments that concern how we could make this

notice easier to understand to: Office of Regulatory Affairs,

Department of the Interior, Room 7229, 1849 C Street, NW, Washington,

DC 20240. You may also e-mail the comments to: E[email protected].

National Environmental Policy Act

We have determined that Environmental Assessments and Environmental

Impact Statements, as defined under the authority of the National

Environmental Policy Act of

[[Page 8538]]

1969, need not be prepared in connection with regulations adopted

pursuant to section 4(a) of the Endangered Species Act of 1973, as

amended. A notice outlining our reasons for this determination was

published in the Federal Register on October 25, 1983 (48 FR 49244).

Paperwork Reduction Act

Office of Management and Budget (OMB) regulations at 5 CFR 1320,

which implement provisions of the Paperwork Reduction Act (44 U.S.C.

3501 et seq.), require that interested members of the public and

affected agencies have an opportunity to comment on agency information

collection and record keeping activities (see 5 CFR 1320.8(d)). The OMB

regulations at 5 CFR 1320.3(c) defines a collection of information as

the obtaining of information by or for an agency by means of identical

questions posed to, or identical reporting, record keeping, or

disclosure requirements imposed on ten or more persons. Furthermore, 5

CFR 1320.3(c)(4) specifies that ``ten or more persons'' refers to the

persons to whom a collection of information is addressed by the agency

within any 12-month period.

This rule does not include any collections of information that

require approval by OMB under the Paperwork Reduction Act. The

information needed to monitor the status of the Tinian monarch will be

collected primarily by Service, Navy, and the CNMI DFW. We do not

anticipate a need to request data or other information from the public,

other than the DFW, to satisfy monitoring information needs. If it

becomes necessary to collect information from ten or more individuals,

groups, or organizations per year, we will first obtain information

collection approval from OMB.

References Cited

A complete list of all references cited herein is available upon

request from the Pacific Islands Ecoregion (see ADDRESSES section).

Author. The primary author of this proposed rule is Michael Lusk,

Pacific Islands Ecoregion, U.S. Fish and Wildlife Service (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

For the reasons set out in the preamble, we hereby 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.

Sec. 17.11 [Amended]

2. Amend Sec. 17.11(h) by removing the entry ``Monarch, Tinian (old

world flycatcher)'' under ``BIRDS'' from the List of Endangered and

Threatened Wildlife.

Dated: January 7, 1999.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 99-4206 Filed 2-19-99; 8:45 am]

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