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Environmental Law

: ESA Blawg

FWS designates critical habitat for 12 Hawaiian picture wing flies

By Keith Rizzardi

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73 Fed. Reg. 73794 / Vol. 73, No. 234 / Thursday, December 4, 2008 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species of Picture-Wing Flies From the Hawaiian Islands)

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for 12 species of Hawaiian picture-wing flies (Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. neoclavisetae, D. obatai, D. ochrobasis, D. substenoptera, and D. tarphytrichia) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,788 acres (ac) (3,556 hectares (ha)) fall within the boundaries of the final critical habitat designation. The critical habitat is located in four counties (City and County of Honolulu, Hawaii, Maui, and Kauai) in Hawaii. DATES: This final rule becomes effective on January 5, 2009.

KEITHINKING: Notably, FWS refused to exclude a portion of the critical habitat on private lands, despite requests to exclude some areas by the State of Hawaii Department of Land and Natural Resources, Division of Forestry and Wildlife. See 73 Fed. Reg. at 73797. However, FWS excluded 450 ac (182 ha) of lands owned by the Maui Land and Pineapple Company (MLP) that FWS proposed as critical habitat because "the private landowner is proactively
managing the area for the conservation benefit of the D. neoclavisetae and numerous other listed species." 73 Fed. Reg. at 73798.

LINKS: Visit the proposed critical habitat in a prior ESA blawg (March 7, 2008) discussion, and the FWS species recovery outline describing a preliminary course of action for the survival and recovery for twelve species of Hawaiian picture-wing flies.

Photo of Hawaiian picture-wing fly Hawaiian picture-wing floes have been called the “birds of paradise” of the insect world because of their spectacular displays during courtship and defense of their territories. Named for their elaborately marked, otherwise clear wings, they belong to the Drosophilidae family of flies. Photo of Hawaiian picture-wing fly by Kevin Kaneshiro, and caption, from Pacific Islands Fish and Wildlife Office.

Full post as published by ESA Blawg on December 04, 2008 (boomark / email).