<<

Monday, December 18, 2000

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and ; Determinations of Prudency and Proposed Designations of Critical Habitat for From the Islands of and , ; Proposed Rule

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79192 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR other species from Maui and Kahoolawe Kahoolawe, reported to occur on these that were listed in 1999. We are also islands, or were historically present (not Fish and Wildlife Service proposing critical habitat on Maui and seen for more than 30 years). Seventeen Kahoolawe for 11 species which also of these species ( 50 CFR Part 17 occur on . sandwicense ssp. macrocephalum, RIN 1018±AH70 We solicit data and comments from Clermontia samuelii, copelandii the public on all aspects of this ssp. haleakalaensis, Cyanea glabra, Endangered and Threatened Wildlife proposal, including data on the Cyanea hamatiflora ssp. hamatiflora, and Plants; Determinations of economic and other impacts of the Cyanea mceldowneyi, Prudency and Designations of Critical proposed designations. We may revise plantaginea ssp. humilis, Habitat for Plant Species From the this proposal to incorporate or address arboreum, Geranium multiflorum, Islands of Maui and Kahoolawe, Hawaii new information received during the Kanaloa kahoolawensis, comment period. AGENCY: Fish and Wildlife Service, kamolensis, , DATES: We must receive comments from Interior. Melicope balloui, Melicope ovalis, all interested parties by February 16, ACTION: Proposed rule and Notice of Remya mauiensis, Schiedea 2001. Public hearing requests must be haleakalensis, and Tetramolopium determinations of whether designation received by February 1, 2001. of critical habitat is prudent. capillare) are endemic to the islands of ADDRESSES: If you wish to comment, Maui and/or Kahoolawe, while 33 SUMMARY: We, the U.S. Fish and you may submit your comments and species ( macrococcus, Wildlife Service, have reconsidered our materials concerning this proposal by menziesii, findings concerning whether any one of several methods: agrimonioides, Centaurium sebaeoides, designating critical habitat for 38 You may submit written comments Clermontia lindseyana, Clermontia federally protected plants from the and information to the Field Supervisor, oblongifolia ssp. mauiensis, Colubrina islands of Maui and Kahoolawe, some of U.S. Fish and Wildlife Service, Pacific oppositifolia, squamigera, which may also occur on other Islands Office, 300 Ala Moana Blvd., Cyanea grimesiana ssp. grimesiana, Hawaiian Islands, listed between 1991 P.O. Box 50088, , HI 96850– munroi, Diellia erecta, and 1996, would be prudent. At the 0001. neowawraea, Hedyotis time each plant was listed, we You may send comments by coriacea, Hedyotis mannii, determined that designation of critical electronic mail (e-mail) to arborescens, [email protected]. See the habitat was not prudent because Hesperomannia arbuscula, Public Comments Solicited section in designation would increase the degree brackenridgei, byrone, SUPPLEMENTARY INFORMATION below for of threat to the species and/or would not Mariscus pennatiformis, Melicope file format and other information about benefit the plant. We have determined knudsenii, Melicope mucronulata, electronic filing. that critical habitat is prudent for 37 of Neraudia sericea, Peucedanum these species since the potential benefits You may hand-deliver written comments to our Pacific Islands Office sandwicense, Phyllostegia mannii, of designating critical habitat essential Phyllostegia mollis, Plantago princeps, for the conservation of these species at 300 Ala Moana Blvd., Room 3–122, Platanthera holochila, Pteris lidgatei, outweigh the risks of designation that Honolulu, HI. , , may result from human activity. We Comments and materials received, as Spermolepis hawaiiensis, Vigna o- propose that designation of critical well as supporting documentation used wahuensis, and Zanthoxylum habitat is not prudent for one species, in the preparation of this proposed rule, hawaiiense) are known from Maui and/ which is no longer extant in the wild will be available for public inspection, and for which no genetic material is by appointment, during normal business or Kahoolawe, as well as one or more currently extant, because such hours at the Pacific Islands Office. other islands (Table 1). Two species, designation would not be beneficial to FOR FURTHER INFORMATION CONTACT: Paul micrantha ssp. kalealaha and this species. Henson, Field Supervisor, Pacific Cyanea lobata, were known from Maui We propose critical habitat Islands Office (see ADDRESSES section) and , but are currently only extant designations for a total of 50 species in (telephone: 808/541–3441; facsimile: on Maui. Lysimachia lydgatei was 52 units on Maui and 4 units on 808/541–3470). known from Maui and , while Kahoolawe at this time. The SUPPLEMENTARY INFORMATION: molokaiense was known approximate land area within these from several islands, but currently both units totals 13,574 hectares (33,614 Background species are extant only on Maui. We acres) on Maui and 207 hectares (512 We, the U.S. Fish and Wildlife believe that one species, exigua, acres) on Kahoolawe. This proposed Service (Service), have reconsidered our may be extinct. The fourteen remaining rule includes proposed designations for previous findings concerning whether species are known only from historical 33 of the 37 species mentioned above. designating critical habitat for some of records (pre-1970) on Maui and/or Critical habitat is not proposed for four the 69 Federally protected plants Kahoolawe or from undocumented species that are currently only found in currently or historically found on the observations. While these species do areas on Maui that are permanently islands of Maui and Kahoolawe is occur on other islands, we do not protected and managed. In addition, prudent. Table 1 lists the species that believe they still occur on Maui or critical habitat is being proposed for six are currently found on Maui and/or Kahoolawe.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79193

TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF 69 SPECIES FROM MAUI AND KAHOOLAWE

Island Distribution Species (common name) N.W. Isles, Kahoolawe Kauai Oahu Lanai Maui Hawaii Niihau

Acaena exigua (liliwai) ...... H H (mahoe) ...... C C C C Argyroxiphium sandwicense ssp. C macrocephalum (ahinahina). Asplenium fragile var. insulare (NCN*) ...... H C Bidens micrantha ssp. kalealaha (ko oko olau) ... H C (NCN) ...... CCHCCC (pua ala) ...... C H H (kamanomano) ...... C H C R NW Isles (H) Centaurium sebaeoides (awiwi) ...... CCCCC Clermontia lindseyana (oha wai) ...... C C Clermontia oblongifolia ssp. mauiensis (oha wai) CC Clermontia peleana (oha wai) ...... H C Clermontia samuelii (oha wai) ...... C Colubrina oppositifolia (kauila) ...... C C C Ctenitis squamigera (pauoa) ...... HCHCCH Cyanea copelandii ssp. haleakalaensis (haha) ... C Cyanea glabra (haha) ...... C Cyanea grimesiana ssp. grimesiana (haha) ...... CCCC Cyanea hamatiflora ssp. hamatiflora (haha) ...... C Cyanea lobata (haha) ...... H C Cyanea mceldowneyi (haha) ...... C Cyrtandra munroi (ha iwale) ...... C C Delissea undulata (NCN) ...... C H C Ni (H) Diellia erecta (Asplenium-leaved diellia) ...... HHCHCC (NCN) ...... HHHHC ssp. humilis (na ena e) ..... C (mehamehame) ...... C C H C C Geranium arboreum (nohoanu) ...... C Geranium multiflorum (nohoanu) ...... C vitifolia (NCN) ...... C H C Hedyotis coriacea (kioele) ...... H C C Hedyotis mannii (pilo) ...... C C C Hesperomannia arborescens (NCN) ...... CCHC Hesperomannia arbuscula (NCN) ...... C C Hibiscus brackenridgei (mao hau hele) ...... HCHCCCKa (R) Ischaemum byrone (Hilo ischaemum) ...... RHCDCC Isodendrion pyrifolium (wahine noho kula) ...... HHHHCNi (H) Kanaloa kahoolawensis (kohe malama malama Ka (C) o kanaloa). Lipochaeta kamolensis (nehe) ...... C Lysimachia lydgatei (NCN) ...... H C Mariscus pennatiformis (NCN) ...... H H C H NW Isles (C) Melicopoe adcendens (alani) ...... C Melicope balloui (alani) ...... C Melicope knudenii (alani) ...... C C Melicope mucronulata (alani) ...... C C Melicope ovalis (alani) ...... C Neraudia sericea (NCN) ...... C H C Ka (H) Nototrichium humile (kului) ...... C H Peucedanum sandwicense (makou) ...... C C C C Phegmariurus mannii (wawae iole) ...... H C C Phyotegia mannii (NCN) ...... C H Phyllostegia mollis (NCN) ...... C H C Phyllostegia parvilfora (NCN) ...... C H H Planatago princeps (laukahi kuahiwi) ...... C C C C H Plantanthera holochila (NCN) ...... C H C C Peteris lidgatei (NCN) ...... C H C Remya mauiensis (NCN) ...... C Sanicula purpurea (NCN) ...... C C Schiedea haleakalensis (NCN) ...... C Schiedea hookeri (NCN) ...... C H Schiedea nuttallii (NCN) ...... C C C R Sesbania tomentosa (NCN) ...... CCCHCCNi (H), Ka (C), NW Isles (C) Solanum incompletum (popolo ku mai) ...... H HHHC Sptermolepis hawaiiensis (NCN) ...... CCCCCC Tetramolopium arenarium (NCN) ...... H C Tetramologpium capillare (pamakani) ...... C Tetramologpium remyi (NCN) ...... C H

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79194 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF 69 SPECIES FROM MAUI AND KAHOOLAWEÐContinued

Island Distribution Species (common name) N.W. Isles, Kahoolawe Kauai Oahu Molokai Lanai Maui Hawaii Niihau

Vigna o-waheuensis (NCN) ...... HCCCCNi (H), Ka (C) Zanthoxylum hawaiiense (a w) ...... C CHCC KEY ...... C (Current)Ðpopulation last observed within the past 30 years. H (Historical)Ðpopulation not seen for more than 30 years. R (Reported)Ðreported from undocumented observations. * NCNÐno common name.

When 38 of the above species where designation of critical habitat was not Platanthera holochila, Sesbania listed between 1991 and 1996 (Acaena prudent because designation would tomentosa, Spermolepis hawaiiensis, exigua, Argyroxiphium sandwicense increase the degree of threat to the and Zanthoxylum hawaiiense) were ssp. macrocephalum, Bidens micrantha species and/or would not benefit the published in a previous proposal (65 FR ssp. kalealaha, Cenchrus agrimonioides, plant. However, after reevaluating our 66808). In addition, the designation of Clermontia lindseyana, Clermontia previous decision, we propose that critical habitat was found to be prudent oblongifolia ssp. mauiensis, Colubrina critical habitat designation for 37 of for six species (Clermontia samuelii, oppositifolia, Ctenitis squamigera, these species would be prudent because Cyanea copelandii ssp. haleakalaensis, Cyanea grimesiana ssp. grimesiana, the potential benefits of designating Cyanea glabra, Cyanea hamatiflora ssp. Cyanea lobata, Cyanea mceldowneyi, critical habitat essential for the hamatiflora, Dubautia plantaginea ssp. Cyrtandra munroi, Diellia erecta, conservation of these species outweigh humilis, and Kanaloa kahoolawensis) Diplazium molokaiense, Geranium the risks, resulting from human activity, when they were listed as endangered in arboreum, Geranium multiflorum, of designation (see CRITICAL HABITAT 1999. Hedyotis coriacea, Hedyotis mannii, section below). We propose that An additional 14 species listed in Hesperomannia arborescens, designation of critical habitat is not Table 1 are known only from historical Hesperomannia arbuscula, Hibiscus prudent for Acaena exigua, which we records (pre-1970) on Maui and/or brackenridgei, Ischaemum byrone, believe may be extinct, because such a Kahoolawe or from undocumented Lipochaeta kamolensis, Lysimachia designation would not be beneficial to observations. Since these species do not lydgatei, Mariscus pennatiformis, this species, since we believe the currently occur on Maui or Kahoolawe, Melicope adscendens, Melicope balloui, species may be extinct. is it not prudent to designate critical Melicope mucronulata, Melicope ovalis, Proposed determinations for 11 habitat for them on these islands. Neraudia sericea, Phlegmariurus species that also occur on the island of However, proposed determinations and mannii, Phyllostegia mollis, Pteris Kauai (Alectryon macrococcus, critical habitat designations or non- lidgatei, Remya mauiensis, Sanicula Bonamia menziesii, Centaurium designations for these species will be purpurea, Schiedea haleakalensis, sebaeoides, Flueggea neowawraea, included in other proposed rules for the Tetramolopium capillare, and Vigna o- , Peucedanum islands on which they currently occur wahuensis), we determined that sandwicense, Plantago princeps, (Table 2).

TABLE 2.ÐPROPOSED RULES IN WHICH PRUDENCY AND CRITICAL HABITAT DESIGNATIONS/NON-DESIGNATIONS WILL BE PROPOSED FOR 14 SPECIES THAT NO LONGER OCCUR ON MAUI OR KAHOOLAWE.

Proposed rule in which prudency will be pro- Proposed rule in which critical habitat des- SPECIES posed ignations/non designations will be discussed

Asplenium fragile var insulare ...... Hawaii ...... Hawaii Brighamia rockii ...... Molokai ...... Molokai Clermontia peleana ...... Hawaii ...... Hawaii Delissea undulata ...... Hawaii ...... Hawaii Gouania vitifolio ...... Hawaii ...... Hawaii; Oahu Isodendrion pyrifolium ...... Hawaii ...... Hawaii Nototrichium humile ...... Oahu ...... Oahu Phyllostegia mannii ...... Oahu ...... Oahu Phyllostegia parviflora ...... Oahu ...... Oahu Schiedea hookeri ...... Oahu ...... Oahu Schiedea nuttallii ...... Kauai (65 FR 66808) ...... Kauai; Oahu; Molokai Solanum incompletum ...... Hawaii ...... Hawaii Tetramolopium arenarium ...... Hawaii ...... Hawaii Tetramolopium remyi ...... Lanai ...... Lanai

The plants discussed in this proposed At the time many of these plants were would not benefit the plant. These not rule were listed as endangered or listed, we determined that designation prudent determinations, along with 196 threatened species under the of critical habitat was not prudent others, were challenged in Conservation Act of 1973, as because designation would increase the Council for Hawaii v. Babbitt, 2 F. Supp. amended (Act), between 1991 and 1999. degree of threat to the species and/or 2d 1280 (D. Hawaii). On March 9, 1998,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79195 the United States District Court for the (m) (5,787 feet (ft)) elevation, which has from year to year. Reliable counts of District of Hawaii directed us to review an average rainfall of 1,020 centimeters flowering plants were made in 1935 the prudency determinations for 245 (cm) (400 inches (in.)) per year, making (217 flowered) and in 1941 (815 listed plant species in Hawaii. On it the second wettest spot in Hawaii flowered) (Loope and Crivellone 1986). August 10, 1998, the court ordered us to (Department of Geography 1998). Numbers recorded in recent years have publish proposed critical habitat Having erupted just 200 years ago, East ranged from zero in 1970 to 6,632 in designations or non-designations for at Maui’s Haleakala crater, reaching 3,055 1991. The environmental stimulus for least 100 species by November 30, 2000, m (10,023 ft) in elevation, has retained synchronous flowering is as yet and to publish proposed designations or its classic shield shape and lacks the unknown. An apparent relationship of non-designations for the remaining 145 diverse vegetation typical of the older the 1991 mass flowering event to species by April 30, 2002. (See 65 FR and more eroded West Maui mountain. stratospheric alteration by the eruption 66808 for complete discussion about the Rainfall on the slopes of Haleakala is of Pinatubo Volcano in the Philippines above litigation.) about 89 cm (35 in.) per year, with its has been considered. Investigations are In addition, a second court order windward (northeastern) slope receiving underway by R. Pharis of the University (Conservation Council for Hawaii v. the most precipitation. However, of Calgary and L.L. Loope to explore Babbitt, Civ. No. 99–002283 HG (D. Haleakala’s crater is a dry cinder desert whether enhanced flowering is related Haw. Aug. 19, 1999, Feb. 16, 2000, and because it is below the level at which to increased UV–B radiation due to March 28, 2000)) requires that we precipitation develops, and is sheltered temporary reduction of stratospheric propose critical habitat for 10 other from moisture-laden winds (Gagne and ozone (United States Fish and Wildlife plant species, 6 of which are addressed Cuddihy 1999). Service (USFWS) 1997). Flying , in this proposed rule (Clermontia The island of Kahoolawe measures especially native bees, moths, flies, samuelii, Cyanea copelandii ssp. about 17.7 km (11 mi) long by 11.3 km bugs, and wasps, many of which are haleakalaensis, Cyanea glabra, Cyanea (7 mi) wide, comprising some 11,655 , are attracted in large hamatiflora ssp. hamatiflora, Dubautia hectares (ha) (28,800 acres (ac)). Located numbers to the giant, aromatic plantaginea ssp. humilis, Kanaloa in the lee of Haleakala, the island lies . It has been demonstrated kahoolawensis) for which determination approximately 11 km (6.7 mi) from East that Argyroxiphium sandwicense ssp. was found to be prudent at the time of Maui. The highest point is the rim of an macrocephalum cannot fertilize itself listing. This second court order requires extinct volcano at 450 m (1,477 ft) above and is reliant on pollinators for us to publish proposed critical habitat sea level. The estimated annual reproduction. Rarely, hybrids between designations by November 30, 2000, and precipitation is approximately 500 A. sandwicense ssp. macrocephalum to publish final critical habitat millimeters (mm) (20 in.), with most if and Dubautia menziesii, have been designations by November 30, 2001. it falling from November through observed. Primarily found within To comply with these court orders, March. In addition to the low Haleakala Crater, especially on Puu o we plan to publish seven proposed precipitation, Kahoolawe is the windiest Pele and Puu o Maui cinder cones, these rules, between now and April 30, 2002, of the Hawaiian Islands (Gon et al. hybrid individuals for several in the following island groupings: Kauai 1992). years before dying (Carr 1985). and Niihau; Maui and Kahoolawe; Currently, Argyroxiphium Discussion of the Plant Taxa Lanai; Molokai; Northwest Hawaiian sandwicense ssp. macrocephalum Islands; Hawaii; and Oahu. Each notice Species Endemic to Maui and/or occupies all of its historic range, a 1,000 will contain the proposed prudency Kahoolawe ha (2,500 ac) area at 2,100–3,000 m determinations for species occurring on Argyroxiphium sandwicense ssp. (6,890–9,840 ft) elevation in the crater that island for which prudency macrocephalum and outer slopes of Haleakala Volcano, determinations have not been within Haleakala National Park, and previously proposed, and proposed Argyroxiphium sandwicense ssp. The Nature Conservancy of Hawaii’s designations or non-designations of macrocephalum, a long-lived perennial (TNCH) Waikamoi Preserve (Loope and critical habitat for each plant species and a member of the aster family Crivellone 1986; TNC 1998). There are known to occur from that island. The (), is called the Haleakala a total of seven populations on Federal proposed prudency determination and silversword. It is a distinctive, globe- and privately owned land, with 39,013 proposed rule for Kauai and Niihau shaped rosette plant with a dense to 44,013 individual plants (TNCH plants was published in the Federal covering of silver hairs. This subspecies 1998; Geographic Decision Systems Register on November 7, 2000 (65 FR is distinguished from Argyroxiphium International (GDSI) 2000; Hawaii 66808). When a plant species occurs on sandwicense ssp. sandwicense by the Natural Heritage Program (HINHP) more than one island, critical habitat shape and ratio of the dimensions of the Database 2000). may be proposed in all of the proposed , the number of ray florets The habitat of this species consists rules that cover the respective islands. per head, and the combination of its primarily of dry, well-drained, longer, three-angled ; its silvery otherwise barren, unstable slopes of The Islands of Maui and Kahoolawe hairs, which completely hide the recent (less than several thousand years Maui, the second largest island in leaf surface; and its longer achenes (Carr old) volcanic cinder cones. Mean annual Hawaii at 1,888 square kilometers (sq 1985, 1999a). precipitation is approximately 75–125 km) (729 square miles (sq mi)) in area, This monocarpic ( only once, cm (29–49 in.). The substrate has almost was formed from the remnants of two at the end of its lifetime) plant matures no development and is subject to large shield volcanoes, the older west from to its final stage in frequent formation of ice at night and Maui volcano (1.3 million years) on the approximately 15–50 years (Loope and extreme heating during cloudless days west and the larger, but much younger Medeiros, in press). The plant remains (USFWS 1997). This species is found in Haleakala volcano on the east. Stream a compact rosette until it sends up an alpine dry shrubland with native erosion has cut deep valleys and ridges erect, central flowering stalk, sets seed, species including: Agrostis into the originally shield-shaped West and dies. Flowering occurs from June to sandwicensis (bent grass), Deschampsia Maui volcano. The highest point on September, with annual numbers of nubigena (hair grass), Dubautia West Maui is Puu Kukui at 1,764 meters flowering plants varying dramatically menziesii (na ena e), Silene

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79196 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules struthioloides (catchfly), Styphelia individuals on State and Federal lands further occurrence (64 FR 48307). tameiameiae (pukiawe), within Haleakala National Park, Hanawi Competition with alien plant taxa such polymorpha (ohia), Tetramolopium NAR, and the Hana and Koolau forest as (velvet grass) and humile (pamakani), and Trisetum reserves (Warshauer 1998; USFWS Juncus planifolius (NCN) is a major glomeratum (pili uka) (USFWS 1997). 1999; GDSI 2000; HINHP Database 2000; threat to this subspecies (K. in The threats to this species are loss of K. Wood in litt. 2000). litt. 2000). In addition, (mainly pollinators due to the Argentine ant Clermontia samuelii ssp. hanaensis is black (Rattus rattus)) and slugs (Iridomyrmex humilis) and alien found between 735 and 1,060 m (2,400 (mainly Milax gagetes) are known to eat yellowjackets (Vespula pennsylvanica); and 3,475 ft) elevation, while C. leaves, stems, and of other native seed-eating and herbivorous samuelii ssp. samuelii is typically found members of this genus, and therefore are insects such as the tephritid fly between 1,725 to 2,100 m (5,660 to a potential threat to both subspecies (64 (Trupanea cratericola), the larvae of a 6,900 ft) elevation (64 FR 48307; HINHP FR 48307). native phycitid moth (Rhynchephestia Database 2000; K. Wood in litt. 2000). C. rhabdotis), and the endemic cerambycid samuelii ssp. hanaensis is found in wet Cyanea copelandii ssp. haleakalaensis beetle (Plagithmysus terryi); limited and M. natural range which makes it vulnerable polymorpha- linearis Cyanea copelandii ssp. to due to catastrophic events, (uluhe) forest with haleakalaensis, a short-lived perennial such as a natural disaster; competition oahuensis (ohe mauka), Hedyotis member of the bellflower family from the alien plant species Verbascum terminalis (manono), Hedyotis (), is a -like thapsus (mullein) and Pennisetum hillebrandii (manono), with sprawling stems and tan latex sap. setaceum (fountain grass); and human arguta (kanawao), Cibotium sp. (hapuu), This subspecies is differentiated from impacts (trampling and site (greensword), the other subspecies by its shorter degradation). Although (Capra Dubautia sp. (na ena e), Clermontia elliptical leaves. The species differs hircus) and (Bos taurus) have been arborea (oha wai), Psychotria mariniana from others in this endemic Hawaiian removed from the park, they remain a (kopiko), Melicope clusifolia (alani), genus by the vine-like stems and the potential threat (USFWS 1997; 57 FR Diplazium sandwichianum (NCN), yellowish flowers that appear red due to 20772). Peperomia obovatilimba (ala ala wai the covering of hairs (Lammers 1999). nui), Adenophorus tamariscinus Clermontia samuelii There is very little known about the (pendant ), Vaccinium sp. (ohelo), life history of this plant. Reproductive Clermontia samuelii, a short-lived Carex alligata (NCN), Melicope sp. cycles, longevity, specific perennial in the bellflower family (alani), and trigynum environmental requirements, and (Campanulaceae), is a terrestrial shrub (olapa) (HINHP Database 2000). limiting factors are unknown. with elliptical leaves which are Clermontia samuelii ssp. samuelii is sometimes broader at the tips. found in wet Metrosideros polymorpha Historically, Cyanea copelandii ssp. Clermontia samuelii ssp. hanaensis is and M. polymorpha-Cheirodendron haleakalaensis was reported from the differentiated from C. samuelii ssp. trigynum forest with Hedyotis windward side of Haleakala and from samuelii by the greenish white to white hillebrandii, Cibotium sp., Broussaisia Waikamoi to Kipahulu Valley (Lammers flowers; longer, narrower leaves with arguta, Dubautia sp., Diplazium 1999). Currently, this taxon is known the broadest point near the base of the sandwichianum, Rubus hawaiiensis from three populations with a total of leaves; and fewer hairs on the lower (akala), Clermontia arborescens ssp. 205 individuals in Kipahulu Valley surface of the leaves. This species is waihiae (oha wai), Vaccinium sp., Carex within Haleakala National Park; west of separated from other members of this alligata, and Melicope sp. (HINHP Kuhiwa Stream and Valley in Hanawi endemic Hawaiian genus by the size of Database 2000). NAR; and on lower Waikamoi flume, the flowers and the hypanthium Threats to Clermontia samuelii ssp. which is privately owned (64 FR 48307; (Lammers 1999). hanaensis include habitat degradation Warshauer 1998; HINHP Database 2000; There is very little known about the and/or destruction by feral pigs (Sus GDSI 2000). life history of this plant. Reproductive scrofa) and competition with alien plant Cyanea copelandii ssp. cycles, longevity, specific taxa such as Tibouchina herbacea haleakalaensis is found on stream banks environmental requirements, and (glorybush), (vasey and wet scree (a sloping mass of rocks limiting factors are unknown (USFWS grass), (Hilo at the base of a cliff) slopes in montane 1999). grass), Juncus sp. (NCN), wet or mesic forest dominated by Historically, Clermontia samuelii has coronarium (ginger), and Hedychium (koa) and/or Metrosideros been reported from Haleakala and from gardnerianum (64 FR 48307; K. Wood in polymorpha at elevations between 730 Keanae Valley on the windward side to litt. 2000). In addition, two extremely and 1,340 m (2,400 and 4,400 ft) (64 FR Manawainui on the more leeward invasive alien plant taxa, Miconia 48307; HINHP Database 2000). (southeastern) side of Haleakala calvescens (velvet ) and Clidemia Associated species include Cibotium (Medeiros and Loope 1989; HINHP hirta (Koster’s curse), are found in sp., Perrottetia sandwicensis (olomea), Database 2000). Currently, C. samuelii nearby areas and may invade this Psychotria hawaiiensis (kopiko ula), ssp. hanaensis is known from the habitat if not controlled (64 FR 48307). Broussaisia arguta, and Hedyotis northeastern side of Haleakala, within The habitat of C. samuelii ssp. samuelii acuminata (au) (64 FR 48307; HINHP Haleakala National Park, Hanawi was extensively damaged by pigs in the Natural Area Reserve (NAR), and Hana past, and pigs are still a major threat to Database 2000). Forest Reserve. There is a total of five the populations on State owned lands. The major threats to this species are populations with 600 individual plants The population within the National habitat degradation and/or destruction on State and Federal lands (HINHP Park has been fenced and pigs have by feral pigs; competition with several Database 2000; GDSI 2000; B. Hobdy in been eradicated. However, due to the alien plant taxa; rats; slugs; and litt. 2000; K. Wood in litt. 2000). C. large populations of pigs in adjacent potential extinction due to random samuelii ssp. samuelii is known from areas, the park populations must environmental events due to small three populations totaling 50 to 100 constantly be monitored to prevent population sizes (64 FR 48307).

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79197

Cyanea glabra Reserve; along East Wailuaki Stream in The threats to this species are habitat Cyanea glabra, a member of the the Koolau Forest Reserve; upper degradation and physical destruction by bellflower family (Campanulaceae), is a Kipahulu Valley in Haleakala National feral pigs; small number of populations short-lived, perennial shrub, with the Park; and between Puu Ahulili and and individuals (57 FR 20772); and leaves of juvenile plants deeply Kaupo Gap (State, Federal, and privately competition with alien plant species, pinnately lobed, while those of the adult owned lands) (Warshauer 1998; GDSI especially Setaria palmifolia plants are more or less entire and 2000; HINHP Database 2000). (palmgrass) (USFWS 1997). Typical habitat for this taxon is elliptical. This species is differentiated montane wet forest dominated by Dubautia plantaginea ssp. humilis from others in this endemic Hawaiian Metrosideros polymorpha, with a genus by the size of the flower and the Dubautia plantaginea ssp. humilis, a Cibotium sp. and/or native shrub short-lived perennial of the aster family pinnately lobed juvenile leaves understory and closed Acacia koa-M. (Lammers 1999). (Asteraceae), is a dwarf shrub less than polymorpha wet forest from 975 to 80 cm (30 in.) tall with hairless or There is very little known about the 1,500 m (3,200 to 4,920 ft) elevation life history of this plant. Reproductive strigullose (bulbous-based hairs, all (HINHP Database 2000). Associated pointing in the same direction) stems. cycles, longevity, specific native plant taxa include Dicranopteris environmental requirements, and This species differs from other Hawaiian linearis, , members of the genus by the number of limiting factors are unknown. Broussaisia arguta, Cyanea solenocalyx Historically, Cyanea glabra has been nerves in the leaves and by the close (haha), Cyanea kunthiana (haha), resemblance of the leaves to the genus reported from West Maui and on Vaccinium sp., Melicope sp., and Haleakala, East Maui (64 FR 48307; Plantago (Carr 1985, 1999b). The Myrsine sp. (kolea) (64 FR 48307; subspecies humilis differs from the HINHP Database 2000). Currently, this HINHP Database 2000). species is known from a single other two subspecies (D. plantaginea The threats to this species are habitat ssp. magnifolia and Dubautia population of 12 individual plants on degradation and/or destruction by feral privately owned land in Kauaula Valley plantaginea ssp. plantaginea) by having pigs; landslides; competition with the fewer heads per inflorescence, but more (GDSI 2000; HINHP Database 2000). alien plant (Maui Cyanea glabra is found on soil and florets per head (Carr 1999b). pamakani); rats; and slugs (64 FR There is very little known about the rock stream banks in wet lowland forest 48307). dominated by Acacia koa and/or life history of this plant. Reproductive Metrosideros polymorpha, at elevations Cyanea mceldowneyi cycles, longevity, specific between 800 to 1,340 m (2,625 to 4,400 Cyanea mceldowneyi (a member of environmental requirements, and ft) (HINHP Database 2000). the bellflower family (Campanulaceae)) limiting factors are unknown. The threats to this species are slugs; is a short-lived, unbranched perennial Dubautia plantaginea ssp. humilis has habitat degradation and/or destruction shrub with rough to prickly stems. This only been reported from two locations by feral pigs; flooding; competition with species is distinguished from other in Iao Valley, on West Maui. These several alien plant taxa; rats; the two- species of Cyanea by the combination of populations, totaling 60–65 individuals, spotted leafhopper (Saphonia a densely armed trunk, long (40 mm (1.6 are on or near State and privately owned rufofascia); and extinction caused by in.)) white-colored corollas, and leaf lands (GDSI 2000; HINHP Database random environmental events due to the blade size and shape (Lammers 1999). 2000). small number individuals in the only There is very little known about the The typical habitat of the species is remaining population (64 FR 48307). life history of this plant. Reproductive wet, barren, steep, rocky, wind-blown cycles, longevity, specific cliffs between 350 to 400 m (1,150 to Cyanea hamatiflora ssp. hamatiflora environmental requirements, and 1,300 ft) elevation. Associated native Cyanea hamatiflora ssp. hamatiflora, limiting factors are unknown (USFWS plant taxa include Metrosideros a short-lived perennial and member of 1997). polymorpha, (mamaki), the bellflower family (Campanulaceae), Historically, Cyanea mceldowneyi variabilis (kawelu), Carex sp. is a palm-like tree with tan colored was known from rainforest west of (NCN), Hedyotis formosa (NCN), latex. This subspecies is differentiated Waikamoi to Honomanu on Lysimachia remyi (kolokolo kuahiwi), from the listed subspecies (C. northwestern Haleakala (Lammers Bidens sp. (kookoolau), Pritchardia sp. hamatiflora ssp. carlsonii) by its longer 1999). Currently, this species is known (loulu), and Plantago princeps (64 FR calyx lobes and shorter individual from six populations with a total of 31 48307; HINHP Database 2000). flower stalks. This species is separated individuals, in the vicinity of Waikamoi Threats to Dubautia plantaginea ssp. from others in this endemic Hawaiian Drainage on East Maui, on or near State humilis include landslides and genus by fewer flowers per and privately owned lands (Warshauer competition from alien plant taxa (64 FR inflorescence and narrower leaves 1998; GDSI 2000; HINHP Database 48307). Random environmental events, (Lammers 1999). 2000). such as landslides, are a threat because There is very little known about the The habitat of this species is montane of the limited number of individuals life history of this plant. Reproductive wet forest with mixed Metrosideros and populations and their narrow cycles, longevity, specific polymorpha-Acacia koa at elevations distribution. environmental requirements, and between 925 and 1,280 m (3,030 and Geranium arboreum limiting factors are unknown. 4,200 ft) (Lammers 1999; HINHP Historically, Cyanea hamatiflora ssp. Database 2000). Associated native plants Geranium arboreum, a long-lived hamatiflora was known from the include Melicope clusiifolia (kolokolo perennial and a member of the geranium windward side of Haleakala, stretching mokihana), Hedyotis sp. (NCN), family (). It is a many from Puu o Kakae to Manawainui Clermontia arborescens, Diplazium branched, spreading, woody shrub (HINHP Database 2000). Currently, this sandwichianum, Broussaisia arguta, about 1.8 to 3.7 m (6 to 12 ft) tall. This taxon is known from nine populations Cibotium sp., Cyrtandra sp. (haiwale), species can be distinguished from other with a total of 22 individuals in , and Geranium by its red with the Haipuaena Gulch in the Koolau Forest Cheirodendron trigynum (57 FR 20772). upper three petals erect and the lower

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79198 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules two reflexed, causing the flower to Geranium multiflorum family (), is a densely branched appear curved (Wagner et al. 1999). Geranium multiflorum, a long-lived shrub 0.75 to 1 m (2.5 to 3.5 ft) tall. The Geranium arboreum is the only member of the geranium family leaves are divided into three pairs of species in its genus that appears to be (Geraniaceae). This perennial is a 1 to 3 leaflets, with a leaf nectary (nectar- adapted to bird-pollination (Funk 1982, m (3 to 10 ft) tall, many-branched shrub. bearing gland) at the joint between each 1988). Native honeycreepers appear to Flowers are in clusters of 25 to 50, and pair of leaflets. One to three be a major pollination vector. G. have 5 white petals that are 10 to 15 mm inflorescences are found in the leaf axils (joint between leaf and stem), arboreum from the southwest area of (0.4 to 0.6 in.) long with purple veins or developing with the flush of new leaves. Haleakala in the Kula Forest Reserve bases. This species is distinguished The inflorescence is a globose head with produce that are larger and fuller from others of the genus by its white, 20 to 54 white flowers. Up to four fruits than seeds from the northwest extension regularly symmetrical flowers and by develop in each flowering head. One of its distribution (USFWS 1997). Native the shape and pattern of teeth on its leaf slender, brown seed, about 2 mm (0.08 honeycreepers are reasonably abundant margins (57 FR 20772; Wagner et al. in.) long, is found in each . There in both areas (USFWS 1997). 1999). is no other species of legume in Hawaii There is very little known about the The original range and abundance of that bears any resemblance to this life history of this plant. Reproductive the species is unknown, but late 19th species or genus (Lorence and Wood cycles, longevity, specific and early 20th century collections 1994). indicate that it once grew on the environmental requirements, and Additional information on the life southern slopes of Haleakala and that its limiting factors are unknown (USFWS history of this plant, reproductive distribution on the northern slopes 1997). cycles, longevity, specific extended beyond its presently known Historically, Geranium multiflorum environmental requirements, and range. There are ten populations totaling was known from Ukulele, Waieleele, limiting factors is generally unknown 142 to147 individuals, on State, private, and Waianapanapa on East Maui (64 FR 48307). and federally owned lands (Warshauer (HINHP Database 2000). This species is Kanaloa kahoolawensis was unknown 1998; GDSI 2000; HINHP Database now known from Haleakala National to science until its discovery by Steve 2000). These populations are found in Park, Hanawi NAR, Koolau Forest Perlman and Ken Wood in 1992 on a Waiohuli; west side of Puu Nianiau; Reserve, and Waikamoi Preserve on steep rocky spire on the coast of west side of Puu Koolau; Waiakoa and Federal, State, and private lands Kahoolawe. The only known location of Kealahou; Hapapa Gulch; Kaonoulu; (Warshauer 1998; GDSI 2000; HINHP Kanaloa kahoolawensis is this rocky southeast and southwest side of Puu Database 2000). The nine known stack on the southern coast of the island Keokea; and Papaanui (Warshauer 1998; populations extend over a distance of of Kahoolawe, which is owned by the HINHP Database 2000). about 10.5 by 5.5 km (6.5 by 3.5 mi). State of Hawaii (Lorence and Wood Due to the inaccessibility of the 1994). While there are no previous Geranium arboreum grows in steep, populations and the difficulty in damp, and shaded narrow canyons and records of the plant, pollen core studies determining the number of individuals on the island of Oahu revealed a legume gulches, steep banks, and along (due to the plant’s multi-branched intermittent streams in Sophora pollen that could not be identified until form), the total number of individuals of this species was discovered. The pollen chrysophylla (mamane) subalpine dry this species is not known; however, it shrubland and Metrosideros cores indicate that K. kahoolawensis probably does not exceed 3,000 plants was a codominant with polymorpha montane forest, between (57 FR 20772; HINHP Database 2000). 1,525 to 2,135 m (5,000 and 7,000 ft) in viscosa and Pritchardia sp. from before Geranium multiflorum is found in wet 1210 B.C. to 1565 A.D., at which point elevation. Associated native plant or mesic Metrosideros polymorpha K. kahoolawensis disappeared from the species include Vaccinium reticulatum montane forest and alpine mesic forest, pollen record and D. viscosa and (ohelo ai), (aalii), Styphelia tameiameiae shrubland, Pritchardia sp. declined dramatically Styphelia tameiameiae, Rubus Sophora chrysophylla subalpine dry (Athens et al. 1992; Athens and Ward hawaiiensis, and Dryopteris wallichiana forest, open sedge swamps, fog-swept 1993; Lorence and Wood 1994). Only (NCN) (USFWS 1997). lava flows, or montane grasslands, one population with two living The greatest immediate threat to the between 1,580 and 2,450 m (5,180 and individuals is known (Paul Higashino, survival of this species is the 8,040 ft) in elevation (Wagner et al. Kahoolawe Island Reserve Commission encroachment and competition from 1999; HINHP Database 2000). (KIRC), pers. comm. 2000). naturalized, exotic vegetation, chiefly Associated native species include The only known habitat is mixed grasses and . Soil disturbance, montana (pilo), Dryopteris coastal shrubland on steep rocky talus caused by trampling cattle and rooting glabra (hohui), Dryopteris wallichiana, slopes at 45 to 60 m (150 to 200 ft) by feral pigs, also is a major threat as it Rubus hawaiiensis, Ranunculus sp. elevation. Associated native plant taxa destroys plants and facilitates the (makou), Vaccinium sp., Hedyotis sp., include Sida fallax (ilima), Senna encroachment of competing species of and Sadleria cyatheoides (amau) gaudichaudii (kolomona), Bidens naturalized plants. Other less important (HINHP Database 2000). mauiensis (kookoolau), Lipochaeta threats include browsing by cattle; fires; The major threat to Geranium livarum (nehe), Portulaca molokinensis and pollen from exotic pine trees, which multiflorum is competition with (ihi), and Capparis sandwichiana (maia at times of the year completely cover the encroaching alien plant species, pilo) (64 FR 48307). stigmas of the , precluding particularly (prickly The major threats to Kanaloa any fertilization by its own species blackberry) (57 FR 20772). A kahoolawensis are landslides and the (Funk 1982, 1988). The small number of potential threat is by alien plant taxa Emilia fosbergii individual plants increases the potential feral pigs and goats in unfenced areas. (pualele), Chloris barbata (swollen for extinction from random finger grass), and Nicotiana glauca environmental events, and the limited Kanaloa kahoolawensis (tobacco tree) (Lorence and Wood 1994). gene pool may depress reproductive Kanaloa kahoolawensis, a short-lived Goats played a major role in the vigor (57 FR 20580; USFWS 1997). perennial and a member of the legume destruction of vegetation on Kahoolawe

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79199 before they were removed (Cuddihy and (iliee), and Ipomoea indica (koali awa) distribution. Potential threats include Stone 1990), and K. kahoolawensis (K. Wood, in litt. 1999). habitat degradation and damage to probably survived only because the The major threats to Lipochaeta plants by axis (Axis axis), feral rocky stack is almost completely kamolensis are habitat destruction and goats, feral pigs, black twig borer, fire, separated from the island and predation by cattle and goats, and ranch activities (59 FR 62346; inaccessible to goats (Lorence and Wood competition with alien plants such as USFWS 1997; HINHP Database 2000). 1994). Rats are a potential threat to , fire, and the small Melicope balloui Kanaloa kahoolawensis, because the number of populations subject to species has seeds similar in appearance extinction by random environmental Melicope balloui, a long-lived and presentation to the seeds of the events (57 FR 20772; USFWS 1997). perennial of the citrus family (Rutaceae), is a small tree or shrub. New federally endangered Caesalpinia Melicope adscendens kavaiense (Uhiuhi), which are eaten by growth has yellowish brown woolly rats. Rats may have been the cause of Melicope adscendens, a long-lived hairs and waxy scales; plant parts later the decline of this species 800 years ago. perennial of the citrus family become nearly hairless. M. balloui is Trampling and habitat degradation from (Rutaceae), is a sprawling shrub with distinguished from other species of the cats and seabirds are also potential long, slender branches covered with genus by the partially fused carpels of threats (P. Higashino, pers. comm. gray hairs when young, which become its four-lobed and usually 2000). Random environmental events hairless when older. M. adscendens is persistent and petals (Stone et al. and/or reduced reproductive vigor are distinguished from other species of the 1999). also a threat to this species, because genus by its growth habit, the distinct Additional information on the life only two individuals are known (64 FR follicles of its fruit, and the persistent history of this plant, reproductive 48307). (remaining attached) sepals and petals cycles, longevity, specific (Stone et al. 1999). environmental requirements, and Lipochaeta kamolensis Melicope adscendens fruits have been limiting factors is generally unknown Lipochaeta kamolensis, a short-lived collected in March and July. Additional (USFWS 1997). perennial herb of the aster family information on the life history of this Melicope balloui has been found only (Asteraceae), has trailing or climbing plant, reproductive cycles, longevity, on the northern and southeastern slopes stems that are woody at the base and specific environmental requirements, of Haleakala. There are two known reach a length of 0.3 to 3 m (1 to 10 ft). and limiting factors is generally populations, located approximately 4.0 This species is distinguished from unknown (USFWS 1997). km (2.5 mi) apart; one near Puu o Kakae others of the genus by the simple leaves Melicope adscendens has been found on privately owned land and the second which are pinnately lobed or cut and by only on the southwestern slope of on federally owned land in Kipahulu the size of the flower heads (Wagner et Haleakala; two plants, separated by an Valley within Haleakala National Park. al. 1999). unspecified distance, were found by The two populations are comprised of Lipochaeta kamolensis has been Forbes in 1920. Today, there are a total approximately 50 individuals (GDSI observed flowering from December of three known populations on State 2000; HINHP Database 2000; K. Wood, through February, as well as in April. and private lands: one of the original in litt. 1999). The growing season coincides with the plants persists near Puu Ouli on This species typically grows in Acacia wet season between November and privately owned land, 26 individuals koa and Metrosideros polymorpha April/May. Plants are dry and appear to are known from Auwahi, and one dominated montane wet forest at be metabolically inactive during the dry individual has been found in the Kanaio elevations between 760 and 1,520 m season. Additional information on the NAR (GDSI 2000, HINHP Database (2,500 and 5,000 ft). Associated taxa life history of this plant, reproductive 2000). include Machaerina angustifolia (uki), cycles, longevity, specific This species typically grows at Cheirodendron trigynum, Labordia environmental requirements, and elevations between 770 and 1,220 m hedyosmifolia (kamakahala), Coprosma limiting factors is generally unknown (2,520 and 4,000 ft) in Nestegis sp. (pilo), Dicranopteris linearis, (USFWS 1997). sandwicensis (olopua) lowland mesic Joinvillea ascendens ssp. ascendens Historically, Lipochaeta kamolensis forest or open dry forest on a‘a lava (ohe), and Peperomia subpetiolata (ala was known from Kamole Gulch, west of flows (a particular type of lava flow ala wai nui) (HINHP Database 2000, Kepuni Gulch, and 7.2 km (11.8 mi) with very sharp edges) with pockets of USFWS 2000). southeast of Ulupalakua Ranch Office soil. Associated native plant species Major threats are habitat degradation (Wagner et al. 1999). This species still include: Pleomele auwahiensis (hala and damage to plants by feral pigs and occurs in the Kamole Gulch, as well as pepe), Dodonaea viscosa, Osteomeles axis deer and reduced reproductive Kepuni Gulch, both above and below anthyllidifolia (ulei), Alphitonia vigor or extinction caused by random Highway 31 on State-owned and private ponderosa (kauila), Chamaesyce environmental events due to the small lands. The only known population, celastroides var. lorifolia (akoko), number of existing populations and which extends over an area of about 40 Santalum ellipticum (iliahialo e), individuals. Potential threats include ha (100 ac), is estimated to contain less Pouteria sandwicensis (alaa), Styphelia competition with alien plant taxa, such than 500 individuals (GDSI 2000, tameiameiae and Xylosma hawaiiensis as Paspalum conjugatum, Clidemia HINHP Database 2000; Kenneth Wood, (maua) (HINHP Database 2000, K. hirta, Paspalum urvillei, Andropogon National Tropical Botanical Garden Wood, in litt. 1999). virginicus (broomsedge), and Psidium (NTBG) in litt. 1999). Major threats are habitat damage and cattleianum (strawberry guava); Lipochaeta kamolensis typically trampling by cattle, competition with susceptibility to black twig borer; and grows along the bottom of rock ledges in alien plant species, including Lantana predation by rats (59 FR 62346; USFWS dry to mesic scrub or dry lowland camara, frutescens (NCN), and 1997; HINHP Database 2000). forests at elevations from 220 to 250 m Pennisetum clandestinum, and reduced (720 to 820 ft) (Wagner et al. 1999). reproductive vigor or extinction from Melicope ovalis Associated vegetation includes random environmental events due to the Melicope ovalis, a long-lived Dodonaea viscosa, Plumbago zeylanica small number of individuals and narrow perennial of the citrus family

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79200 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

(Rutaceae), is a tree growing up to 5 m Remya mauiensis This species is threatened by (16 ft) tall. New growth has fine, short, extinction due to random catastrophic brownish hairs, but soon becomes Remya mauiensis is a short-lived environmental events by virtue of the hairless. Leaves are opposite, leathery, perennial member of the aster family extremely small size of the populations and broadly elliptic. The upper and (Asteraceae). The genus Remya is coupled with a limited distribution of lower surfaces of the leaves are hairless, endemic to the Hawaiian Islands. It is a the remaining populations. The limited and bruised foliage has an anise odor small perennial shrub, about 90 cm (3 gene pool may depress reproductive similar to that of M. anisata. Each flower ft) tall, with many slender, sprawling, or vigor, or a single environmental cluster is on a main stalk and comprises scandent to weakly erect branches, disturbance could destroy a significant three to seven flowers on individual covered with a fine tan fuzz near their percentage of the known individuals. stalks. Further details of the flowers are tips. The leaves are narrow, up to about However, the primary threat to this unknown. The fruit, a capsule, has 15 cm (6 in.) long, and are bunched at species is the loss and degradation of its carpels that are fused along almost their the ends of the branches. The coarsely habitat due to the introduction of alien entire length. Each fertile carpel toothed leaf blade is 5 to 12 times longer plants, such as and contains one or two glossy black seeds. than wide, has a long-attenuate base, Tibouchina herbacea, and feral pigs (56 The exocarp and endocarp are both and a of less than 1 cm (0.4 in.) FR 1450; USFWS 1997). hairless. M. ovalis is distinguished from long. The leaves are green on the upper Schiedea haleakalensis other species of the genus by the almost surface and covered with a dense mat of entirely fused carpels of its capsule, its fine white hairs on the lower surface. Schiedea haleakalensis, a short-lived nonpersistent sepals and petals, and its The flowers are small, about 0.7 cm (0.3 perennial of the pink family well-developed petioles (Stone et al. in.) in diameter, dark yellow, and (Caryophyllaceae), is a hairless shrub, 1999). densely clustered at the ends of their with slightly fleshy, narrow leaves and stems (Wagner et al. 1999). Additional information on the life a single vein. Flowers are arranged in Additional information on the life history of this plant, reproductive clusters at the ends of the branches. The history of this plant, reproductive cycles, longevity, specific flower has 5 green, oval sepals; no cycles, longevity, specific environmental requirements, and petals; 5 nectaries; and 10 . environmental requirements, and limiting factors is generally unknown Capsules contain grayish to reddish limiting factors is generally unknown (USFWS 1997). brown seeds. This species differs from (USFWS 1997). other species of the genus on East Maui Melicope ovalis has been found only Remya mauiensis was collected twice by its crowded, hairless inflorescence on the eastern and southeastern slopes by William Hillebrand on West Maui composed of bisexual flowers (Wagner of Haleakala. There is one known between 1851 and 1871, and again in et al. 1999). population with less than 300 1920 by Charles Forbes, also on West Schiedea haleakalensis is individuals, found on federally owned Maui. It was thought to be extinct until gynodioecious (individuals either have land in Kipahulu Valley in Haleakala its rediscovery in 1971 by L.E. Bishop, only female flowers or only perfect National Park (GDSI 2000; HINHP W. Gagne, and S. Montgomery on the flowers) and so likely needs cross Database 2000; K. Wood, in litt. 1999). slopes of Manawainui Gulch, West pollination by small insects. Small, This species typically grows in Acacia Maui. Currently, R. mauiensis is known short-flighted flies and moths have been koa and Metrosideros polymorpha- from three small populations on observed visiting flowers. Fruits and dominated montane wet forests along adjacent ridges on State-owned land in seeds have been observed from August streams at elevations between 850 and West Maui: Manawainui, Papaalua through September. Additional 1,430 m (2,800 and 4,700 ft). Associated Gulch, and Ukemehame (GDSI 2000). information on the life history of this taxa include Dicranopteris linearis, Because of the sprawling habit of this plant, reproductive cycles, longevity, Machaerina angustifolia, Labordia species, and the often dense growth of specific environmental requirements, hedyosmifolia, Wikstroemia oahuensis the surrounding vegetation, it is difficult and limiting factors is generally (akia), Dubautia plantaginea, Hedyotis to determine the exact number of unknown (USFWS 1997). hillebrandii, Broussaisia arguta, individuals in a population; however, Due to the lack of early collections or Cheirodendron trigynum, and there is an estimate of 26 individuals sightings, the historical range of Perrottetia sandwicensis (USFWS 1997; (HINHP Database 2000). Schiedea haleakalensis is unknown. HINHP Database 2000). Remya mauiensis grows chiefly on This species is known only from Holua Major threats to the only known steep, north or northeast-facing slopes and the west side of Kaupo Gap in the population are habitat degradation and between 850 to 1,250 m (2,800 to 4,100 federally owned Haleakala National damage to plants by feral pigs and ft) in elevation, primarily in mixed Park (GDSI 2000; HINHP Database reduced reproductive vigor and/or mesophytic forests, Metrosideros 2000). The two populations are extinction due to random environmental polymorpha montane wet forest, or the estimated to contain a total of 100 to 200 events. Competition with introduced remnants of such forests. Associated individuals, which together extend over plants such as Paspalum conjugatum, species include: sandwicensis a total area of 11 ha (28 ac) (HINHP , Rubus rosifolius (lama), Xylosma hawaiiensis, Nestegis Database 2000). (thimbleberry) and Psidium sandwicensis, Myrsine lessertiana (kolea Schiedea haleakalensis typically cattleianum, seed predation by rats, and lau nui), Wikstroemia sp. (akia), grows on sheer, north-facing arid susceptibility to black twig borer are Dodonaea viscosa, Diplazium subalpine cliffs at elevations of 1,830 to also threats to this species (59 FR 62346; sandwichianum, Lysimachia remyi, 2,140 m (6,000 to 7,020 ft) (Wagner et USFWS 1997; HINHP 2000; K. Wood in Microlepia strigosa (palapalai), Melicope al. 1999). Associated vegetation litt. 1999). Habitat degradation and sp., Alyxia oliviformis (maile), includes Artemisia mauiensis damage to plants by feral goats and axis Psychotria mariniana, Ctenitis (hinahina), Bidens micrantha (NCN), deer are potential threats if the integrity squamigera, Pleomele auwahiensis, and Dubautia sp., and Viola chamissoniana of the fence currently surrounding the Styphelia tameiameiae (HINHP (pamakani) (USFWS 1997; HINHP population is compromised. Database 2000, USFWS 1997). Database 2000).

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79201

The greatest threats to Schiedea camara, (koa macrococcus var. auwahiensis is mixed haleakalensis are fire and other haole), and Rhynchelytrum repens (natal lowland dry forest at elevations of 360– catastrophic events that could severely redtop); and reduced reproductive vigor 1,070 m (1,180–3,510 ft). Associated impact the species due the small and/or extinction from random native plants include Diospyros number and restricted distribution of environmental events due to the small sandwicensis, Dodonaea viscosa, remaining individuals and populations number of existing populations and Osteomeles anthyllidifolia, Alphitonia (57 FR 20772; USFWS 1997). individuals (59 FR 49860; USFWS ponderosa, Santalum ellipticum, Xylosma hawaiiensis, Nestegis Tetramolopium capillare 1997). sandwicensis, Tetramolopium capillare, a short- Multi-Island Species (aiai), and Pleomele auwahiensis lived perennial of the sunflower family Alectryon macrococcus (HINHP Database 2000; K. Wood, in litt. (Asteraceae), is a sprawling shrub with Alectryon macrococcus, a long-lived 1999). stems measuring 50 to 80 cm (20 to 31 The threats to Alectryon macrococcus perennial and a member of the in.) long and covered with many glands var. macrococcus on Maui include feral soapberry family (), consists when young. The very firm, stalkless goats and pigs; alien plant species, such of two varieties, macrococcus and leaves are involute (edges rolled under). as Melinus minutiflora (molasses grass), auwahiensis, both trees with reddish- Flower heads are situated singly at the Pennisetum clandestinum (kikuyu brown branches and net-veined paper or ends of stalks. Located beneath each grass), Schinus terebinthifolius leather-like leaves with one to five pairs flower head are 45 to 50 , arranged (Christmasberry), and Psidium of sometimes asymmetrical egg-shaped in a structure 3 to 4 mm (about 0.1 in.) cattleianum; damage from the black leaflets. The underside of the leaf has high and 7 to 10 mm (0.3 to 0.4 in.) in twig borer; seed predation by rats and diameter. In each flower head, 30 to 50 dense brown hairs, only when young in mice (Mus musculus); fire; seed white, male ray florets are surround by A. macrococcus var. macrococcus, and predation by insects (probably the 15 to 25 greenish yellow tinged with persistent in A. macrococcus var. endemic microlepidopteran Prays cf. red, functionally female florets. The auwahiensis. The only member of its fulvocanella); loss of pollinators; achenes (dry, one-seeded fruits) are genus found in Hawaii, this species is depressed reproductive vigor; and due topped by a white pappus comprising a distinguished from other Hawaiian to the very small remaining number of single series of bristles. T. capillare members of its family by being a tree individuals and their limited differs from other species of the genus with a hard fruit 2.5 cm (1 in.) or more distribution, a single natural or human- by its very firm leaves with edges rolled in diameter (57 FR 20772; Wagner et al. caused environmental disturbance under, its solitary flower heads, the 1999). could easily be catastrophic. The threats color of its disk florets, and its shorter Alectryon macrococcus is a relatively to A. macrococcus var. auwahiensis on pappus. It differs from T. remyi, with slow-growing, long-lived tree that grows Maui are damage from the black twig which it sometimes grows, by its more in xeric to mesic sites and is adapted to borer; seed predation by rats and mice; sprawling habit and the shorter stalks of periodic drought. Little else is known habitat degradation by feral pigs and its smaller flower heads (Lowrey 1999). about the life history of A. macrococcus. escaped cattle; seed predation by insects Additional information on the life Flowering cycles, pollination vectors, (probably Prays cf. fulvocanella); loss of history of this plant, reproductive agents, longevity, and pollinators; depressed reproductive cycles, longevity, specific specific environmental requirements are vigor; and due to the very small environmental requirements, and unknown. remaining number of individuals and limiting factors is generally unknown Historically and currently, Alectryon their limited distribution, a single (USFWS 1997). macrococcus var. macrococcus is natural or human-caused environmental Historically, Tetramolopium capillare known from Kauai, Oahu, Molokai, and disturbance could easily be catastrophic is known from Lahainaluna to Wailuku Maui. On Maui, this taxon is found (57 FR 20772). on West Maui (Lowrey 1999). Currently, along the Honokowai Ditch Trail and in four known populations with a total of Launiupoko Valley, on or near State and Bidens micrantha ssp. kalealaha between 130 and 150 individuals are privately owned lands (GDSI 2000; Bidens micrantha ssp. kalealaha, a known to be extant near Halepohaku, HINHP Database 2000). There are three short-lived member of the aster family Koai, and Kauaula on State and populations with a total of four (Asteraceae), is an erect perennial herb. privately owned lands (GDSI 2000; individuals (HINHP Database 2000). This subspecies can be distinguished USFWS 2000). Currently, A. macrococcus var. from other subspecies by the shape of Tetramolopium capillare typically auwahiensis is known from three the seeds, the density of the flower grows on rocky substrates at elevations populations with 22 individuals on clusters, the numbers of ray and disk between 610 and 1,050 m (2,000–3,440 leeward East Maui in the Auwahi and florets per head, differences in leaf ft) in Metrosideros polymorpha- Kanaio districts, and on the slopes of surfaces, and other characteristics (57 Styphelia tameiameiae montane mesic Haleakala on private land and State- FR 20772; Ganders and Nagata 1999). or wet shrubland or in owned, but privately leased, ranchland Bidens micrantha is known to contortus (pili grass) lowland dry forest. (Medeiros et al. 1986; GDSI 2000; hybridize with other native Bidens, such Plant species associated with the higher HINHP Database 2000). as B. mauiensis and B. menziesii, and elevation populations include The habitat of Alectryon macrococcus possibly B. conjuncta (Ganders and Dodonaea viscosa, Metrosideros var. macrococcus is dry slopes or in Nagata 1999). Little else is known about polymorpha, and Styphelia gulches in dense mesic mixed the life history of Bidens micrantha ssp. tameiameiae. Dodonaea viscosa, Metrosideros polymorpha forest or kalealaha. Flowering cycles, pollination Heteropogon contortus, and Myoporum forest at vectors, seed dispersal agents, longevity, sandwicense (naio) are associates of the elevations of 360–1,070 m (1,180–3,510 and specific environmental other populations (USFWS 1997). ft) (HINHP Database 2000). Associated requirements are unknown. The major threats to Tetramolopium native plants include Nestegis Historically, Bidens micrantha ssp. capillare are fires; competition from sandwicensis and kalealaha was known from Lanai, the alien plant species, particularly Lantana platyphyllum (hame). The habitat of A. south slope of Haleakala on East Maui,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79202 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules and from one locality on West Maui include , (1,830 and 2,700 ft). Associated plants (Ganders and Nagata 1999; HINHP Pleomele auwahiensis, Dodonaea include Alyxia oliviformis, Canthium Database 2000). Currently, this taxon viscosa, Osteomeles anthyllidifolia, odoratum (alahee), Carex sp., Diospyros remains only on East Maui in Kahua, , Santalum sp. (lama), Styphelia tameiameiae, and Manawainui to Wailaulau, and in ellipticum, Xylosma hawaiiensis, Eragrostis variabilis (61 FR 53108; Haleakala National Park, on State and (aiea), Pouteria HINHP Database 2000). Federal lands. There are a total of four sandwicensis, Achyranthes splendens The major threats to the only known populations with less than 2,000 (NCN), Acacia koaia (koaia), Sida fallax, population of Cenchrus agrimonioides individuals altogether (USFWS 1999; Reynoldsia sandwicensis (ohe), Sicyos var. agrimonioides on Maui are GDSI 2000; HINHP Database 2000). sp. (anunu), Lipochaeta rockii (nehe), competition with alien plants; browsing The habitat of Bidens micrantha ssp. Nototrichium sp. (kului), Myoporum and habitat degradation by goats and kalealaha is blocky lava flows with little sandwicense (HINHP Database 2000; K. cattle; and a risk of extinction from or no soil development, deep pit craters, Wood, in litt. 1999). naturally occurring events and/or and sheer rock walls in open canopy The primary threats to this species on reduced reproductive vigor due to the Metrosideros polymorpha-Acacia koa Maui are habitat degradation and small number of existing individuals (61 forest, montane shrubland, or cliff faces possible predation by feral pigs, goats, FR 53108). at elevations of 1,600 to 2,300 m (5,250 axis deer, and cattle; competition with to 7,550 ft) (Ganders and Nagata 1999; a variety of alien plant species, Centaurium sebaeoides HINHP Database 2000). Associated particularly Pennisetum setaceum, native species include Styphelia Lantana camara, and Bocconia Centaurium sebaeoides is an annual tameiameiae, Coprosma montana, frutescens; and an alien beetle herb in the gentian family Dodonaea viscosa, Lysimachia remyi, (Physomerus grossipes) (59 FR 56333). (Gentianaceae), with fleshy leaves and Viola chamissoniana, Dubautia stalkless flowers. This species is Cenchrus agrimonioides menziesii, and Dubautia platyphylla (na distinguished from C. erythraea, which ena e) (Ganders and Nagata 1999; Cenchrus agrimonioides is a short- is naturalized in Hawaii, by its fleshy HINHP Database 2000). lived perennial member of the grass leaves and the unbranched arrangement The threats to this species on Maui family () with leaf blades which of the flower cluster (56 FR 55770; are habitat destruction by feral goats, are flat or folded and have a prominent Wagner et al. 1999). pigs, and cattle; competition from a midrib. There are two varieties, C. Centaurium sebaeoides has been variety of invasive plant species; and agrimonioides var. laysanensis and C. observed flowering in April. Flowering fire (57 FR 20772). agrimonioides var. agrimonioides. They may be induced by heavy rainfall. differ from each other in that var. Populations are found in dry areas, and Bonamia menziesii agrimonioides has smaller burs, shorter plants are more likely to be found Bonamia menziesii, a short-lived stems, and narrower leaves. This species following heavy rains (USFWS 1995c). perennial member of the morning-glory is distinguished from others in the Other than that, little is known about family (), is a vine with genus by the cylindrical to lance-shaped the life history of this plant. twining branches that are fuzzy when bur and the arrangement and position of Reproductive cycles, longevity, specific young. This species is the only member the bristles (O’Connor 1999). environmental regulations, and limiting of the genus that is endemic to the Little is known about the life history factors are generally unknown. Hawaiian Islands and differs from other of this plant. Reproductive cycles, Historically and currently, genera in the family by its two styles, longevity, specific environmental Centaurium sebaeoides is known from longer stems and petioles, and rounder requirements, and limiting factors are Kauai, Oahu, Molokai, Lanai, and Maui leaves (Austin 1999). generally unknown, however, this (Wagner et al. 1999). On Maui, there are Little is known about the life history species has been observed to produce three populations of this species, with a of this plant. Reproductive cycles, fruit year round (USFWS 1999). total of more than 50 individuals, on or Historically, Cenchrus agrimonioides longevity, specific environmental near State and privately owned lands, var. agrimonioides was known from the requirements, and limiting factors are north of Waihee; Puu Koae; and near the Oahu, Lanai, and the south slope of unknown. mouth of Makamakaole Stream (HINHP Historically, Bonamia menziesii was Haleakala and Ulupalakua on Maui, and Database 2000). known from Kauai, Oahu, Molokai, one an undocumented report from the Island location on West Maui, and the island of Hawaii (61 FR 53108). Historically, C. This species typically grows in of Hawaii (HINHP Database 2000). agrimonioides var laysanensis was volcanic or clay or on cliffs in arid Currently, this species is known from known from , Kure, and Midway, coastal areas below 250 m (820 ft) Kauai, Oahu, Lanai, Maui, and Hawaii. all within the Northwestern Hawaiian elevation (56 FR 55770; Wagner et al. On Maui, this species is known from Islands National Wildlife Refuge. This 1999). Associated species include Puu o kali; Honokowai Ditch Trail; and variety has not been seen since 1973 (61 Panicum torridum (kakonakona), Kanaio NAR. Currently there are three FR 53108; Corn 1980). Currently, Lysimachia mauritiana (kolokolo populations containing a total of 11 Cenchrus agrimonioides var. kuahiwi), Schiedea globosa (NCN), individuals on State and privately agrimonioides is known from Oahu and Lipochaeta integrifolia (nehe), owned lands (GDSI 2000; HINHP Maui. On Maui, this variety is known Argemone glauca (pua kala), Bidens Database 2000; K. Wood, in litt. 1999). from a single population within the mauiensis, Lycium sandwicense (ohelo Bonamia menziesii is found on a‘a Kanaio NAR, containing an unknown kai), and Dicranopteris linearis (HINHP lava in mixed open dry forest, or number of individuals (HINHP Database Database 2000). Erythrina sandwicensis () 2000). The major threats to this species on lowland dry forest, and in mesic mixed Cenchrus agrimonioides var. Maui are habitat degradation by feral Metrosideros polymorpha forest at agrimonioides is found on rough a‘a goats and cattle; competition from the elevations between 150 and 850 m (490 lava scree in mesic Metrosideros alien plant species Leucaena and 2,800 ft) (HINHP database 1999; K. polymorpha-Acacia koa forest at leucocephala; trampling by humans on Wood, in litt. 1999). Associated species elevations between 560 and 820 m or near trails; and fire (56 FR 55770).

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79203

Clermontia lindseyana oblong to lance-shaped leaves on leaf Database 2000). No other life history Clermontia lindseyana, a short-lived stalks (petioles). Clermontia oblongifolia information is currently available. Historically and currently, Colubrina perennial and a member of the is distinguished from other members of oppositifolia is known from Oahu, bellflower family (Campanulaceae), is a the genus by its calyx and corolla, Maui, and the Island of Hawaii (59 FR small, branched tree that grows 2.5–6 m which are similar in color and are each 10305). Currently on Maui, there are (8.2 to 20 ft) tall (Lammers 1999). fused into a curved tube that falls off as two populations containing one Clermontia lindseyana is either the flower ages. The species is also individual each on privately owned terrestrial or epiphytic, living on the distinguished by the leaf shape, the lands in the Kapunakea Preserve on surface of other plants. The upper male floral parts, the shape of the flower buds, and the lengths of the leaf and West Maui and on privately owned surface of the oblong-shaped leaves is lands in the Auwahi area of East Maui dark green while the lower is pale green flower stalks, the flower, and the smooth green basal portion of the flower (Warshauer 1998; GDSI 2000; HINHP or purplish and hairy. Leaf stalks are Database 2000). 2.5–7 cm (1–2.8 in.) long and hairy. (the hypanthium) (57 FR 20772; Lammers 1988, 1999). Clermontia Habitats of this species are lowland Berries are 2.5–4 cm (1–1.6 in.) wide, dry and mesic forests dominated by almost round, and orange. Clermontia oblongifolia ssp. mauiensis is reported from Maui and Lanai, while ssp. Diospyros sandwicensis, and found at lindseyana is easily separable from the elevations between 240 and 915 m (800 other taxa within this genus by several oblongifolia is only known from Oahu and ssp. brevipes is only known from and 3,000 ft). Associated native species characters: much larger leaves and include Dodonaea viscosa, Canavalia flowers, similar petals and sepals, and Molokai. Clermontia oblongifolia ssp. sp. (awikiwiki), Wikstroemia sp., spreading floral lobes (Cuddihy et al. Canthium odoratum, and Reynoldsia 1983; Lammers 1999). Rock (1962) mauiensis is known to flower from November to July (Rock 1919). Little is sandwicensis (HINHP Database 2000). commented on the leaves being The threats to this species on Maui known regarding pollination vectors, conspicuously hairy beneath. are habitat destruction by feral pigs; seed dispersal, or other factors. This species was observed in fruit competition with the alien plants Historically, Clermontia oblongifolia from June to October, and in flower Lantana camara, Pennisetum setaceum, ssp. mauiensis was known from Lanai from February to August (HINHP and Schinus terebinthifolius; black twig and from Honomanu Valley on Database 2000). No other life history borer; Chinese rose beetles (Adoretus Haleakala, East Maui (57 FR 20772; information is currently available. sinicus); fire; and its small population Lammers 1999). Currently, it is reported Historically, Clermontia lindseyana numbers and limited distribution (59 FR from Lanai and Maui. On West Maui, was known on Maui from the southern 10305; USFWS 1996). slope of Haleakala and the eastern this taxon is known from one portion of the island, and on the island population with an unknown number of Ctenitis squamigera of Hawaii. Since 1975, populations of individuals, along the trail to Puu Kukui Ctenitis squamigera is a short-lived Clermontia lindseyana have been in the Honokowai section of the West perennial of the wood fern family identified on Maui and Hawaii (59 FR Maui NAR on or near State and () (Wagner and Wagner 10305). The two Maui populations are privately owned lands (GDSI 2000; 1992). It has a rhizome (horizontal stem) located in Waiopai and Wailaulau HINHP Database 2000; Lammers 1999). 5 to 10 mm (0.2 to 0.4 in.) thick, Gulches in the Kahikinui Forest Reserve This plant typically grows on the creeping above the ground and densely and in Kula Forest Reserve on State and sides of ridges in Metrosideros covered with scales similar to those on private lands, and are estimated to total polymorpha-dominated montane wet the lower part of the leaf stalk. The leaf about 330 individuals (Arthur Medeiros, forest at elevations between 850–1,000 stalks are densely clothed with tan- U.S. Geological Survey, Biological m (2,800–3,280 ft) (57 FR 20772; HINHP colored scales up to 1.8 cm (0.7 in.) long Resources Division, in litt. 2000; HINHP Database 2000). Associated native and 1 mm (0.04 in.) wide. The sori are Database 2000; GDSI 2000). species include Dicranopteris linearis, tan-colored when mature and are in a The extant populations grow in Coprosma sp., Clermontia sp., Hedyotis single row one-third of the distance remnant Acacia koa mesic forest on the sp., and Melicope sp. (57 FR 20772; from the margin to the midrib of the leeward slopes between 1,311 and 2,150 HINHP Database 2000). ultimate segments (Degener and Degener m (4,300 and 7,041 ft). Associated The only known population of this 1957). The indusium is whitish before native taxa include the following native species on Maui is vulnerable to wrinkling, thin, suborbicular with a plant species: Cyrtandra oxybapha, extinction from a natural or human- narra sinus extending about half way, native fern species, Phlegmariurus caused environmental disturbance due glabrous except for a circular margin mannii, Ilex anomala (aiea), Coprosma to its small size; depressed reproductive which is ciliolate with simple several- sp., and Myrsine sp. (HINHP Database vigor; and habitat degradation by feral celled glandular and nonglandular hairs 2000; USFWS 1996). pigs (57 FR 20772; USFWS 1997). arising directly from the margin or from The threats to Clermontia lindseyana Colubrina oppositifolia the deltoid base (Degener and Degener are trampling and grazing by cattle, 1957). Ctenitis squamigera can be trampling and browsing by goats, and Colubrina oppositifolia, a member of readily distinguished from other rooting and trampling by pigs; the buckthorn family (), is a Hawaiian species of Ctenitis by the competition with the alien plant long-lived tree with extremely hard red dense covering of tan-colored scales on Pennisetum clandestinum; and wood. This species is readily its frond (Wagner and Wagner 1992). consumption of berries, flowers, and distinguished from the other species in Reproductive cycles, longevity, vegetation by black rats (59 FR 10305). Hawaii by the opposite leaf position, specific environmental requirements dull leaf surface, and entire leaf margins and limiting factors are unknown. Clermontia oblongifolia ssp. mauiensis (Wagner et al. 1999). Historically, Ctenitis squamigera was Clermontia oblongifolia ssp. This species was observed in fruit and recorded from the islands of Kauai, mauiensis, a short-lived perennial and a flower during September 1929 and June Oahu, Molokai, Lanai, Maui, and member of the bellflower family 1968, and in flower during December Hawaii (HINHP Database 2000). It is (Campanulaceae), is a shrub or tree with 1947 and January 1984 (HINHP currently found on Oahu, Lanai,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79204 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Molokai, and Maui. There are currently Historically and currently, Cyanea 20772; Lammers 1999; HINHP Database six populations with between 52 and 58 grimesiana ssp. grimesiana is known 2000). individuals on State and privately from Oahu, Molokai, Lanai, and The threats to this species on Maui owned lands on the island of Maui scattered locations on Maui (61 FR are habitat degradation by feral pigs; (GDSI 2000; Hank Oppenheimer, Maui 53108). Currently on Maui, there are depressed reproductive vigor; and Pineapple Co., in litt. 2000; K. Wood, two populations with a total of five natural or human-caused environmental pers. comm. 2000; Joel Lau, HINHP, individuals in Iao Valley on State and disturbance that could easily be pers. comm. 2000 and in litt. 2000). privately owned lands (61 FR 53108; catastrophic to the only known These populations are all on West Maui, GDSI 2000; HINHP Database 2000). population due to the small number of in Honolua Valley; Kahanaiki Gulch; This species is typically found in remaining individuals and the limited Kanaha Valley; Ukumehame Valley; mesic forest often dominated by and scattered distribution of the species Kapunakea Preserve; and Iao Valley (H. Metrosideros polymorpha or (57 FR 20772; USFWS 1997). Metrosideros polymorpha and Acacia Oppenheimer, in litt. 2000; K. Wood Cyrtandra munroi and J. Lau, pers. comm. 2000). koa, on rocky or steep slopes of stream Cyrtandra munroi, a short-lived This species is found in the forest banks, at elevations between 350 and perennial and member of the African understory at elevations of 380 to 1,000 945 m (1,150 and 3,100 ft). Associated violet family (), is a shrub m (1,250 to 3,280 ft) (HINHP Database plants include Antidesma sp., with opposite, elliptic to almost circular 2000; H. Oppenheimer, pers. comm. sp., Myrsine sp., Nestegis sandwicensis, leaves which are sparsely to moderately 2000), in Metrosideros polymorpha Psychotria sp., and Xylosma sp. (61 FR hairy on the upper surface and covered montane wet forest, Metrosideros 53108). with velvety, rust-colored hairs polymorpha-Diospyros sp. mesic forest The threats to this species on Maui underneath. This species is and diverse mesic forest (HINHP are habitat degradation and/or distinguished from other species of the Database 2000). Associated native plant destruction caused by axis deer, goats, and pigs; competition with various alien genus by the broad opposite leaves, the taxa include Alyxia oliviformis, length of the flower cluster stalks, the arborea (ieie), Coprosma sp., plants; randomly naturally occurring events that could cause extinction due size of the flowers, and the amount of Pleomele sp. (hala pepe), Thelypteris hair on various parts of the plant globulifera (NCN), Sadleria sp. (amau), to the small number of existing individuals; trampling by hikers; (Wagner et al. 1999). Doodia sp. (okupukupu lauii), Some work has been done on the Pittosporum sp. (ho awa), Dryopteris landslides; rats; and slugs (61 FR 53108; USFWS 1999). reproductive biology of some species of sp., Bobea sp. (ahakea), Antidesma sp. Cyrtandra (USFWS 1995b), but not on (hame), Peperomia sp., Dicranopteris Cyanea lobata that of C. munroi specifically. The linearis, Schiedea pubescens var. Cyanea lobata, a short-lived member pollinators of these plants have not been pubescens, Hibiscus kokio ssp. kokio of the bellflower family identified, although studies indicate (kokio), Hedyotis formosa, Pritchardia (Campanulaceae), is a sparingly that a specific may be forbesiana (loulu), Myrsine sp., branched perennial shrub with smooth necessary for successful pollination. Psychotria sp. (kopiko), and Xylosma to somewhat rough stems and oblong, Seed dispersal may be carried out by sp. (maua) (USFWS 1998a; HINHP irregularly lobed leaves. This species is birds which eat the fruits (USFWS Database 2000). distinguished from other species of 1995b). Flowering time, longevity of The primary threats to Ctenitis Cyanea by the size of the flower and the plants and seeds, specific squamigera are habitat degradation by irregularly lobed leaves with petioles environmental requirements, and other feral pigs, goats, and axis deer; (Lammers 1999). limiting factors are unknown. competition with alien plant taxa, Cyanea lobata is known to flower Historically and currently, Cyrtandra especially Psidium cattleianum and from August to February, even in munroi is known from Lanai and West Schinus terebinthifolius; fire; and individuals as small as 50 cm (20 in.) in Maui (Wagner et al. 1999; HINHP extinction from naturally occurring height (Rock 1919, Degener 1936). Database 2000). Currently on Maui, events due to the small number of Historically, Cyanea lobata was there is a single population in Kahana existing populations and individuals known from Lanai and West Maui Valley containing more than 30 (USFWS 1998a). (Lammers 1999; HINHP Database 2000). individuals on State and privately Cyanea grimesiana ssp. grimesiana It is no longer extant on Lanai, and was owned lands (GDSI 2000; HINHP rediscovered at 600 m (1,970 ft) Database 2000). Cyanea grimesiana ssp. grimesiana, a elevation on privately owned land in The habitat of this species is lowland short-lived member of the bellflower Waikapu Valley on West Maui in 1982 wet Metrosideros polymorpha- family (Campanulaceae), is a perennial (HINHP Database 2000). The single Dicranopteris linearis forest, typically shrub with pinnately divided leaves. known plant of this species was later on rich, moist to wet, moderately steep This species is distinguished from destroyed by a landslide triggered by talus slopes from 300 to 920 m (980– others in this endemic Hawaiian genus heavy rains (Hobdy et al. 1990; HINHP 3,020 ft). It occurs on soil and rock by the pinnately lobed leaf margins and Database 2000). Another population of substrates on slopes from watercourses the width of the leaf blades. This three individuals was discovered in in gulch bottoms and up the sides of subspecies is distinguished from the 1996 at 560 m (1,840 ft) elevation on gulch slopes to near ridgetops. other two subspecies by the shape and privately owned land in Honokohau Associated native species include size of the calyx lobes, which overlap at Valley on West Maui (GDSI 2000: Diospyros sp., Hedyotis acuminata, the base (Lammers 1999). HINHP Database 2000). Clermontia sp., Alyxia oliviformis, Little is known about the life history This species has been seen and Bobea sp., Coprosma sp., Freycinetia of this plant. On Molokai, flowering collected on steep stream banks in deep arborea, Melicope sp., Myrsine sp., plants have been reported in July and shade in wet forest at elevations of 550– Perrottetia sandwicensis, Pipturus sp. August. Reproductive cycles, longevity, 915 m (1,800–3,000 ft) with Touchardia (mamaki), Pittosporum sp., Pleomele specific environmental requirements, latifolia (olona), Morinda trimera (noni), sp., Pouteria sandwicensis, Psychotria and limiting factors are unknown. and Athyrium sp. (akolea) ( 57 FR sp., Sadleria sp., Scaevola sp.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79205

(naupaka), Xylosma sp., and other The major threats to Diellia erecta on color of the leaves, flowers clustered Cyrtandra sp. ( 57 FR 20772; HINHP Maui are habitat degradation by pigs, along the branches, and the size and Database 2000). goats, and cattle; competition with alien shape of the fruits (Linney 1982; The threats to this species on Maui plant species, including Blechnum Hayden 1999). are from browsing and habitat occidentale (NCN); and random Individual trees of Flueggea disturbance by axis deer; competition naturally occurring events that could neowawraea bear only male or female with the alien plant species Psidium cause extinction and/or reduced flowers, and must be cross-pollinated cattleianum, (firetree), reproductive vigor due to the small from a different tree to produce viable Leptospermum scoparium (tea tree), number of existing individuals (59 FR seed (Hayden 1999). Little else is known Pluchea symphytifolia (sourbush), 56333; USFWS 1996). about the life history of this species. , Rubus rosifolius, Reproductive cycles, longevity, specific and Paspalum conjugatum (Hilo grass); Diplazium molokaiense environmental requirements, and loss of appropriate pollinators; a very Diplazium molokaiense, a short-lived limiting factors are unknown. small number of extant individuals perennial member of the woodfern Historically, Flueggea neowawraea which can cause depressed reproductive family (Dryopteridaceae), has a short was known from the islands of Molokai, vigor; and the effects of random prostrate rhizome and green or straw- Oahu, Kauai, and Hawaii (HINHP environmental events that could easily colored leaf stalks with thin-textured Database 2000). Currently, populations be catastrophic to the only known fronds. This species can be are known from Kauai, Oahu, East Maui, population on Maui (57 FR 20772; distinguished from other species of and Hawaii. It is now known from two USFWS 1995b). Diplazium in the Hawaiian Islands by a populations with a total of three trees on combination of characteristics, East Maui at Auwahi, and above the Diellia erecta including venation pattern, the length Lualailua Hills on the southwest slope Diellia erecta, a short-lived perennial and arrangement of the sori, frond of Haleakala, on State and privately fern in the spleenwort family shape, and the degree of dissection of owned lands (GDSI 2000; HINHP (Aspleniaceae), grows in tufts of 3 to 9 the frond (Wagner and Wagner 1992). Database 2000; Mahealani lance-shaped fronds emerging from a There is little known about the life Kaiaokamelie, (formerly with) rhizome covered with brown to dark history of this plant. Reproductive Ulupalakua Ranch, in litt. 2000). gray scales. This species differs from cycles, longevity, specific Flueggea neowawraea occurs in dry or other members of the genus in having environmental requirements, and mesic forest at elevations of 250 to 1,000 brown or dark gray scales usually more limiting factors are unknown. m (820 to 3,280 ft) (Hayden 1999). than 2 cm (0.8 in.) in length, fused or Historically, Diplazium molokaiense Associated native plant species include separate sori along both margins, shiny was found on Kauai, Oahu, Molokai, Alectryon macrococcus, Bobea black midribs that have a hardened Lanai, and Ainahou Valley and Maliko timonioides (ahakea), Charpentiera sp. surface, and veins that do not usually Gulch (East Maui) and Wailuku (Iao) (papala), Hibiscus sp. (aloalo), Melicope encircle the sori (Smith 1934; Degener Valley and Waikapu (West Maui) on sp., Myrsine lanaiensis (kolea), and Greenwell 1950; Wagner 1952). Maui (HINHP Database 2000). Currently, Tetraplasandra sp. (ohe ohe), Psychotria Little is known about the life history this species is only known from Maui. mariniana (kopiko), Diplazium of this taxon. Reproductive cycles, Two populations with one individual sandwichianum, , longevity, specific environmental each are found in Waiopai Gulch and Nesoluma polynesicum (keahi), requirements, and limiting factors are Makawao Forest Reserve, on or near Diospyros sp., Antidesma pulvinatum unknown. State or privately owned lands (hame), A. platyphyllum, Canthium Historically, Diellia erecta was known (Warshauer 1998; GDSI 2000; HINHP odoratum, Nestegis sandwicensis, on Kauai, Oahu, Molokai, Lanai, Database 2000). (hao), scattered locations on Maui, and various This species occurs near water falls in Pittosporum sp., Pleomele sp., Pouteria locations on the Island of Hawaii lowland or montane mesic Metrosideros sandwicensis, and Streblus pendulinus (USFWS 1999). Currently, it is only polymorpha-Acacia koa forest between (HINHP Database 2000). known from Molokai, Maui, and 850 and 1,680 m (2,800 and 5,500 ft) in The threats to the populations on Hawaii. On Maui, there are four known elevation (USFWS 1998a; HINHP Maui are the black twig borer; habitat populations containing 23 individual Database 2000). degradation by feral pigs, goats, deer, plants on or near State or privately The primary threats on Maui are and cattle; competition with alien plant owned lands in Iao Valley, Manawainui habitat degradation by feral goats, cattle, species; depressed reproductive vigor; Plant Sanctuary, Papalaua Gulch, and pigs, and axis deer; competition with the risk of extinction from a random Waiopai Gulch (GDSI 2000; HINHP alien plant taxa; decreased reproductive environmental event due to the small Database 2000). vigor; and extinction from randomly number of individuals; and predation of This species is found in deep shade occurring natural events due to the the fruit by rats (59 FR 56333; USFWS on steep slopes or gulch bottoms in small number of populations and 1999; HINHP Database 2000). Diospyros sandwicensis-Metrosideros individuals (59 FR 49025; USFWS Hedyotis coriacea polymorpha lowland mesic forest at 1998a; HINHP Database 2000). elevations between 210 and 1,590 m Hedyotis coriacea, a member of the (700 and 5,200 ft) (HINHP Database Flueggea neowawraea coffee family (), is a small, 2000; USFWS 1999). Associated native Flueggea neowawraea, a long-lived short-lived perennial shrub with plant species include Nestegis sp., perennial and a member of the spurge leathery leaves which are generally Styphelia tameiameiae, Melicope sp., family (), is a large tree elliptic to oblong in shape, 3 to 8 cm Coprosma sp., Dodonaea viscosa, with white oblong pores covering its (1.2 to 3.1 in.) long and usually 1.5 to Dryopteris unidentata (NCN), Myrsine scaly, pale brown bark. This species is 3 cm (0.6 to 1.2 in.) wide. This species sp., Psychotria sp., Pleomele the only member of the genus found in is distinguished from others of the auwahiensis, Syzygium sandwicensis Hawaii and can be distinguished from genus by its small, triangular calyx (ohia ha), and Wikstroemia sp. (HINHP other species in the genus by its large lobes, which do not enlarge in fruit, and Database 2000; USFWS 1999). size, scaly bark, the shape, size, and the combination of capsules which are

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79206 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules longer than wide and flower buds which approximately 20 individuals located on and Freycinetia arborea (HINHP are square in cross section (Wagner et al. private land in Kauaula Valley (GDSI Database 2000). 1999). 2000; K. Wood in litt. 2000). The major threats to Hesperomannia Little is known about the life history The population on Maui is found on arborescens on Maui are habitat of this plant. Flowering cycles, basalt cliffs along stream banks in degradation by feral pigs and goats; pollination vectors, seed dispersal Metrosideros polymorpha-Dicranopteris competition with alien plant taxa; agents, longevity, specific linearis montane wet forest between 825 extinction due to random environmental environmental requirements, and and 885 m (2,700 and 2,900 ft) (K. Wood events or reduced reproductive vigor limiting factors are unknown. in litt. 2000). Associated plant species due to the small number of individuals Historically, Hedyotis coriacea was include Machaerina sp. (uki), Carex in one remaining population; and known from Oahu and the Island of meyenii (NCN), Phyllostegia sp. (NCN), impact by humans (59 FR 14482; HINHP Hawaii (HINHP Database 2000). Hedyotis acuminata, Cyrtandra Database 2000). Considered extinct on all islands in platyphylla (haiwale), Cyanea sp. recent years, this species was (haha), and Isachne distichophylla (ohe) Hesperomannia arbuscula rediscovered in 1990 by Steve Perlman (K. Wood in litt. 2000). Hesperomannia arbuscula, a long- in the State-owned Lihau section of the Hedyotis mannii on Maui is lived perennial member of the aster West Maui NAR and in 1991 on the threatened by landslides; competition family (Asteraceae), is a small shrubby 1859 lava flow in the Pohakuloa with the alien plant species Rubus tree, 2 to 3.3 m (7 to 11 ft) tall. This Training Area, Island of Hawaii (HINHP rosifolius, Ageratina adenophora, species can be distinguished from other Database 2000; USFWS 1997). Buddleia asiatica (butterfly bush), members of the genus by the erect Currently, only a single individual is Pluchea carolinensis (sourbush), and flower heads and the leaves, usually known from West Maui on State-owned Clidemia hirta; and the low number of hairy beneath, which are one to two land (GDSI 2000; HINHP Database individuals makes it extremely times as long as wide (Wagner et al. 2000). vulnerable to extinction by random 1999). Hedyotis coriacea is found on steep, naturally occurring events (USFWS Hesperomannia arbuscula usually rocky, slopes in dry lowland Dodonaea 1996; K. Wood in litt. 2000). flowers in the spring depending on viscosa dominated shrublands at precipitation. Seeds mature in about six Hesperomannia arborescens elevations between 470 to 2,300 m weeks and trees last about 10 to 15 years (1,540 to 7,550 ft) (HINHP Database Hesperomannia arborescens, a long- (USFWS 1995c). No other information is 2000). Associated species include Sida lived perennial of the aster family available on reproductive cycles, fallax, Gouania hillebrandii (NCN), (Asteraceae), is a small shrubby tree that longevity, specific environmental Bidens menziesii, Lipochaeta livarum, usually stands 1.5 to 5 m (5 to 16 ft) tall. requirements, and limiting factors. Myoporum sp. (naio), and Schiedea This member of an endemic Hawaiian Historically and currently, menziesii (NCN) (HINHP Database genus differs from other Hesperomannia Hesperomannia arbuscula is known 2000). species in having the following from Oahu and West Maui (HINHP The single remaining individual of combination of characteristics: erect to Database 2000). On Maui, this species is Hedyotis coriacea on Maui is threatened ascending flower heads, thick flower found in three populations, containing by extinction from a random naturally head stalks, and usually hairless and 13 individuals, on privately owned land occurring event. relatively narrow leaves (Wagner et al. in Iao and Waihee Valleys (GDSI 2000; 1999). HINHP Database 2000; K. Wood, in litt. Hedyotis mannii This species was observed in flower 1999). Hedyotis mannii, a member of the from April through June and fruit Hesperomannia arbuscula typically coffee family (Rubiaceae), is a short- during March 1993 and June 1997 grows on slopes and ridges in mesic or lived perennial plant with smooth, (USFWS 1998). No other information is wet forest dominated by Acacia koa and usually erect stems 30 to 60 cm (1 to 2 available on reproductive cycles, Metrosideros polymorpha at elevations ft) long, which are woody at the base longevity, specific environmental of 350 to 900 m (1,150 to 2,950 ft) and four-angled or winged. The leaves requirements, and limiting factors. (Wagner et al. 1999; HINHP Database are opposite, thin in texture, and elliptic Hesperomannia arborescens was 2000). Associated species include to sometimes lance-shaped. Stipules formerly known from Lanai, Molokai, Bidens sp., Tetraplasandra sp., Alyxia (leaf-like appendages), which are and Oahu (HINHP Database 2000). This oliviformis, and Psychotria sp. (HINHP attached to the slightly winged leaf species is now known from Oahu, Database 2000). stalks where they join and clasp the Molokai, and Maui. There is currently The major threats to Hesperomannia stem, are triangular. Flowers are one population with four individuals on arbuscula on Maui are habitat arranged in loose clusters up to 30 cm East Maui, between Lanilili and degradation by feral pigs, competition (1 ft) long at the ends of the stems and Keahikauo on State and privately- from alien plant species, trampling by are either bisexual or female. This owned lands (GDSI 2000; HINHP humans, and extinction from naturally species’ growth habit, its quadrangular Database 2000). occurring random events due to the or winged stems, the shape, size, and Hesperomannia arborescens is found small number of populations (56 FR texture of its leaves, and its dry capsule, on slopes or ridges in lowland mesic or 55770). which opens when mature, separate it wet forest between 360 and 750 m Hibiscus brackenridgei from other species of the genus (Wagner (1,180 and 2,460 ft) in elevation, in et al. 1999). association with Metrosideros Hibiscus brackenridgei, a short-lived Currently, no life history information polymorpha, Myrsine sandwicensis perennial and a member of the mallow is available for this species (USFWS (kolea), Isachne distichophylla, Pipturus family (). The species is a 1996). sp., Antidesma sp., Psychotria sp., sprawling to erect shrub or small tree. Currently and historically, Hedyotis Clermontia sp., Cibotium sp., This species differs from other members mannii is known from Lanai, West Dicranopteris linearis, Bobea sp., of the genus in having the following Maui, and Molokai (USFWS 1992). On Coprosma sp., Sadleria sp., Melicope combination of characteristics: yellow Maui, there is a single population of sp., Machaerina sp., Cheirodendron sp., petals, a calyx consisting of triangular

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79207 lobes with raised veins and a single Ischaemum byrone distinguished from others in the genus midrib, bracts attached below the calyx, Ischaemum byrone, a short-lived by the dense hairs on both the upper and thin stipules that fall off, leaving an member of the grass family (Poaceae), is and lower surfaces of mature leaves elliptic scar. Two subspecies are a perennial species with creeping (Wagner et al. 1999). Additional information on the life currently recognized, Hibiscus underground and erect stems. history of this plant, reproductive brackenridgei ssp. brackenridgei and H. Ischaemum byrone can be distinguished cycles, longevity, specific brackenridgei ssp. mokuleianus (Bates from other Hawaiian grasses by its tough environmental requirements, and 1999). outer flower bracts, dissimilar basic Hibiscus brackenridgei is known to limiting factors is generally unknown flower units, which are awned and two- flower continuously from early February (USFWS 1997). flowered, and a di- or trichotomously- through late May, and intermittently at Lysimachia lydgatei was known other times of year. Intermittent branching inflorescence (O’Connor historically from a gulch behind flowering may possibly be tied to day 1999). Lahaina on West Maui and from Oahu. length (USFWS 1999). Little else is Additional information on the life Currently, it is found only on Maui in known about the life history of this history of this plant, reproductive the following locations on State-owned plant. Pollination biology, longevity, cycles, longevity, specific land in the Lihau section of the West specific environmental requirements, environmental requirements, and Maui NAR: Halepohaku, Helu, and and limiting factors are unknown. limiting factors is generally unknown Kauaula-Olowalu (Wagner et al. 1999; Historically, Hibiscus brackenridgei (USFWS 1996). HINHP Database 2000). The three Maui was known from the islands of Kauai, Historically, Ischaemum byrone was populations number approximately 240 Oahu, Lanai, Maui, Molokai, and reported from Oahu, Molokai, East individuals (GDSI 2000). Hawaii (USFWS 1999; HINHP Database Maui, the Island of Hawaii, and an Lysimachia lydgatei typically grows 2000). Hibiscus brackenridgei was undocumented site on Kauai (59 FR on the sides of steep ridges in collected from an undocumented site on 10305; HINHP Database 2000). Metrosideros polymorpha-Dicranopteris Kahoolawe, though the subspecies has Currently, this species is found on linearis dominated wet to mesic never been determined (USFWS 1999). Molokai, Hawaii, and Maui. On Maui, it shrubland or Metrosideros- Currently, Hibiscus brackenridgei ssp. is known from along the coast on Cheirodendron montane forest between mokuleianus is known from Oahu and private and State owned lands at elevations of about 915 to 1,415 m from undocumented observations on Kahanu Gardens, Pauwalu Point, (3,000–4,640 ft) (HINHP Database 2000). Kauai (Bates 1999; USFWS 1999). Honokalani, Kauiki Head, and on the Associated vegetation includes Hibiscus brackenridgei ssp. following offshore islets: Keopuka Islet, Lycopodium sp. (wawae iole), Ilex sp., brackenridgei is currently known from Mokuhuki Islet, and Puukii Islet (GDSI Dodonaea viscosa, Vaccinium sp., Lanai, Maui, and Hawaii. On Maui, 2000; HINHP Database 2000). There is a sandwicensis, Styphelia Hibiscus brackenridgei ssp. total of six populations with less than tameiameiae, Coprosma sp., Ochrosia brackenridgei is found in five 3,000 individuals (HINHP Database sp. (holei), Astelia sp. (painiu), populations, containing 38 individuals, 2000). Broussaisia arguta, and mat , such on or near State and privately owned The habitat of Ischaemum byrone is as Dicranopteris sp. (HINHP Database lands at the northern base of Puu o kali, coastal dry shrubland, occurring near 2000). in the Lihau section of the West Maui the ocean among rocks or on basalt cliffs The greatest threats to Lysimachia NAR, Kaonohua Gulch, Keokea, and between sea level and 75 m (250 ft) lydgatei are the threat of extinction from south of Puu o kali (GDSI 2000; HINHP (O’Connor 1999). Associated taxa a random environmental event due to Database 2000). include Bidens sp., Fimbristylis cymosa the small number of populations; Hibiscus brackenridgei ssp. (Maui u aki aki), and Scaevola sericea competition with alien plant species, brackenridgei occurs in lowland dry (naupaka kahakai) (HINHP Database such as Rubus argutus; and fire (57 FR forest from 130 to 800 m (425 to 2,625 2000). 20772; USFWS 1997). ft) in elevation, sometimes with The most serious threat to Ischaemum Erythrina sandwicensis as the dominant byrone is the invasion of alien plants, Mariscus pennatiformis tree (Geesink et al. 1999; HINHP particularly Digitaria ciliaris (Henry’s Mariscus pennatiformis, a short-lived Database 2000). Associated plant crabgrass), elliptica (shoebutton member of the sedge family species include Myoporum sp., ardesia) and Casuarina equisetifolia (Cyperaceae), is a perennial plant with Chenopodium sp. (ahe ahea), (paina). Additionally, fire may pose a a woody root system covered with Achyranthes sp. (NCN), Nototrichium threat in areas infested with alien brown scales. Mariscus pennatiformis is sp., Diospyros sp., Chamaesyce grasses, provided enough fuel is present. subdivided into two subspecies, ssp. celastroides var. lorifolia, Dodonaea Other potential threats include grazing bryanii and ssp. pennatiformis, which viscosa, Canthium odoratum, Eurya and browsing by goats and axis deer; are distinguished by the length and sandwicensis (anini), Isachne disturbance incurred from these width of the spikelets; color, length, and distichophylla, and Sida fallax (HINHP ungulates further promotes the width of the glume; and by the shape Database 2000). introduction and establishment of alien and length of the achenes. This species The primary threats to Hibiscus weeds. Some populations are also differs from other members of the genus brackenridgei ssp. brackenridgei on threatened from residential by its three-sided, slightly concave, Maui are habitat degradation and development (59 FR 10305; USFWS smooth stems; the length and number of possible predation by pigs, goats, cattle, 1996; HINHP Database 2000). spikelets; the leaf width; and the length axis deer, and rats; competition with and diameter of stems (Koyama 1999). alien plant species; and susceptibility to Lysimachia lydgatei Mariscus pennatiformis is known to extinction caused by random Lysimachia lydgatei, a short-lived flower from November to December environmental events or reduced perennial member of the primrose after heavy rainfall. Additional reproductive vigor due to small family (), is a sprawling, information on the life history of this population size and a limited number of branched shrub with stems from 1 to 1.3 plant, reproductive cycles, longevity, populations (59 FR 56333). m (3 to 4 ft) long. This species is specific environmental requirements,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79208 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules and limiting factors is generally Melicope knudsenii grows on forested (Urticaceae), is a 3 to 5 m (10 to 16 ft) unknown (USFWS 1999). flats or talus slopes in Nestegis-Pleomele tall shrub with densely hairy branches. Historically, Mariscus pennatiformis mixed open dry forests at elevations of The elliptic or oval leaves have smooth was known from Kauai, Oahu, East about 450 to 1,220 m (1,480 to 4,000 ft) margins or slightly toothed margins on Maui (Keanae Valley, Hana, and (Stone et al. 1999). Associated native young leaves. The upper leaf surface is Nahiku), the Island of Hawaii, and from plant species include Dodonaea viscosa, moderately hairy and the lower leaf Laysan in the Northwestern Hawaiian Osteomeles anthyllidifolia, Alphitonia surface is densely covered with Islands (HINHP Database 2000). M. ponderosa, Santalum ellipticum, and irregularly curved, silky gray to white pennatiformis ssp. bryanii is only Xylosma hawaiiensis (HINHP Database hairs along the veins. The male flowers known from Laysan Island in the 2000). may be stalkless or have short stalks. Northwestern Hawaiian Islands Threats to Melicope knudsenii The female flowers are stalkless and National Wildlife Refuge. M. include habitat degradation by alien have a densely hairy calyx that is either pennatiformis ssp. pennatiformis is animals, such as goats and pigs; reduced toothed, collar-like, or divided into currently found only on East Maui. One reproductive vigor; fire; natural aging narrow unequal segments. The fruits are population of approximately 30 and death; and invasive plant species, achenes with the apical section individuals is found on State owned such as Pennisetum clandestinum (59 separated from the basal portion by a land near the mouth of Hanawi Stream FR 9304; USFWS 1995a). deep constriction. Seeds are oval with a (GDSI 2000; K. Wood in litt. 1999). constriction across the upper half. N. On Maui, Mariscus pennatiformis ssp. Melicope mucronulata sericea differs from the other four pennatiformis is found at elevations Melicope mucronulata, a long-lived closely related species of this endemic between sea-level and 6 m (20 ft) on perennial of the citrus family Hawaiian genus by the density, length, brown soil with talus in Pandanus (Rutaceae), is a small tree up to 4 m (13 color, and posture of the hairs on the coastal wet cliffs and within reach of ft) tall with oval to elliptic-oval leaves, lower leaf surface and by its mostly ocean spray. Associated native plant 8 to 16 cm (3 to 6.5 in.) long and 3.5 entire leaf margins (Wagner et al. 1999). species include: Sadleria pallida to 6.5 cm (1.5 to 2.5 in.) wide. This Additional information on the life (amau), (hala), species is distinguished from others in history of this plant, reproductive Lysimachia mauritiana (kolokolo the genus by the growth habit, the cycles, longevity, specific kuahiwi), Cyperus laevigatus (makaloa), number of flowers in each flower environmental requirements, and Eragrostis variabilis, and Ipomoea sp. cluster, the size and shape of the fruit, limiting factors is generally unknown (morning glory) (Koyama 1999; HINHP and the degree of hairiness of the leaves (USFWS 1999). Database 2000; K. Wood in litt. 1999). and fruit walls (Stone et al. 1999). Neraudia sericea was known Threats to the only known population Additional information on the life historically from Molokai, Lanai, of Mariscus pennatiformis ssp. history of this plant, reproductive Olowalu Valley on West Maui, the pennatiformis on Maui include grazing cycles, longevity, specific southern slopes of Haleakala on East and habitat destruction caused by environmental requirements, and Maui, and from Kahoolawe (HINHP ungulates; competition from alien plant limiting factors is generally unknown Database 2000). Currently, this species species; and extinction from random (USFWS 1997). is known from Molokai and Maui. On naturally occurring events (59 FR 56333; First discovered in 1920 in Kanaio, Maui, three populations totaling more USFWS 1999). East Maui, Melicope mucronulata was than four individuals are found in not relocated until 1983 when it was Pohakea Gulch (West Maui) and in Melicope knudsenii reported from State land with an Manawainui and Kamole Gulches (East Melicope knudsenii, a long-lived unknown number of plants. This Maui). These populations occur on State perennial and a member of the citrus species was also found two years later and privately owned lands (GDSI 2000; family (Rutaceae), is a tree with smooth on East Molokai (Stone et al. 1999; GDSI HINHP Database 2000; M. Kaiaokamelie, gray bark and yellowish brown to olive- 2000; HINHP Database 2000). in litt. 2000). brown hairs on the tips of the branches. Melicope mucronulata typically Neraudia sericea generally occurs in The species is distinguished from M. grows on steep, west- or north-facing, lowland dry to mesic Metrosideros haupensis and other members of the dry to mesic, forested lowland slopes at polymorpha-Dodonaea viscosa- genus by the distinct carpels present in elevations of 670 to 1,070 m (2,200 to Styphelia tameiameiae shrubland or the fruit, a hairless endocarp, a larger 3,500 ft) (HINHP Database 2000). forest or Acacia koa forest between 670 number of flowers per cluster, and the Associated native species include and 1,480 m (2,200 and 4,850 ft) in distribution of hairs on the underside of Dodonaea viscosa, Metrosideros elevation (Wagner et al. 1999; HINHP the leaves (Stone et al. 1999). polymorpha, Styphelia tameiameiae, Database 2000; M. Bruegmann in litt. Additional information on the life and Dubautia linearis (na ena e) 1995). Other associated plant species history of this plant, reproductive (USFWS 1997). include Huperzia mannii (NCN), Urera cycles, longevity, specific The major threat to the continued glabra (opuhe), Cyrtandra oxybapha environmental requirements, and existence of the only known population (haiwale), Cyrtandra platyphylla, Sida limiting factors is generally unknown. of Melicope mucronulata on Maui is the fallax, Diospyros sp., Bobea sp., Historically, Melicope knudsenii was risk of extinction from a random Coprosma sp., and Hedyotis sp. (HINHP known only from the southeast slope of environmental event. Habitat Database 2000; M. Bruegmann in litt. Haleakala on Maui and from Kauai degradation by goats and pigs, predation 1995). (HINHP Database 2000). This species by goats, and competition with alien The primary threats to Neraudia remains on Kauai, but is only found on plants, particularly Melinis minutiflora, sericea on Maui are habitat degradation privately owned lands at the following also pose immediate threats to this by feral pigs and goats; competition locations on Maui: Auwahi, Puu Mahoi, species (57 FR 20772; USFWS 1997). with the alien plants, Melinus and the Kanaio area. There are three minutiflora, Pennisetum clandestinum, populations with a single individual at Neraudia sericea Holcus lanatus, Cymbopogon refractus each location (GDSI 2000; HINHP Neraudia sericea, a short-lived (barbwire grass), and nonnative Database 2000). perennial member of the nettle family Eragrostis sp. (love grass); and a risk of

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79209 extinction due to random environmental Lihau and Puu Kukui on West Maui Phyllostegia mollis typically grows on events (59 FR 56333; USFWS 1999). (GDSI 2000; HINHP Database 2000). steep slopes and in gulches in diverse There are five populations with fewer mesic to wet forests at an elevation of Peucedanum sandwicense than 300 individuals total (HINHP 450 to 1,830 m (1,480 to 6,000 ft) Peucedanum sandwicense, a member Database 2000). (Wagner et al. 1999). Associated plants of the parsley family (Apiaceae), is a On Maui, include ferns, Psychotria sp., and short-lived, parsley-scented, sprawling typically grows in moist protected Pisonia sp. (papala kepau) (HINHP herb. Hollow stems arise from a short, gulches on the native tree species Database 2000). vertical, perennial stem with several Metrosideros polymorpha, and Acacia The major threats to Phyllostegia fleshy roots. This species is the only koa, in mesic to wet montane M. mollis are competition from the alien member of the genus in the Hawaiian polymorpha-A. koa forests at elevations plant species Rubus sp. and Schinus Islands (Constance and Affolter 1999). of 900 to 1,600 m (2,950 to 5,250 ft) terebinthifolius; and a risk of extinction Additional information on the life (HINHP Database 2000). Associated of the only known population of this history of this plant, reproductive native species include Thelypteris sp., species on Maui due to random cycles, longevity, specific Athyrium sp., Styphelia tameiameiae, environmental events (56 FR 55770; environmental requirements, and Cyanea sp., Machaerina sp., Cyrtandra USFWS 1998b). limiting factors is generally unknown sp., Sadleria sp., Vaccinium sp., Plantago princeps (USFWS 1995a). Dodonaea viscosa, Astelia menziesiana Historically and currently, (kaluaha), Coprosma sp., Cheirodendron Plantago princeps, a short-lived Peucedanum sandwicense is known trigynum, Ilex anomala, and Myrsine sp. member of the plantain family from Molokai, Maui, and Kauai (HINHP (HINHP Database 2000). (Plantaginaceae), is a small shrub or Database 2000). Discoveries in 1990 The primary reasons for the robust perennial herb. This species extended the known distribution of this endangerment of this species are habitat differs from other native members of the species to the island of Oahu (USFWS alteration by goats, cattle and pigs, and genus in Hawaii by its large branched 1995a). A population is known from the impacts of alien plant species. stems, flowers at nearly right angles to State-owned Keopuka Islet, off the coast Additionally, small population sizes the axis of the flower cluster, and fruits of Maui with a total of between 20–30 also make the species subject to that break open at a point two-thirds individuals (GDSI 2000; HINHP extinction due to random environmental from the base. The four varieties, Database 2000). events (57 FR 20772; USFWS 1997). anomala, laxiflora, longibracteata, and This species grows in cliff habitats princeps, are distinguished by the Phyllostegia mollis from sea level to above 900 m (2,950 ft) branching and pubescence of the stems; (Constance and Affolter 1999) and is Phyllostegia mollis, a short-lived the size, pubescence, and venation of associated with native species such as member of the mint family (Lamiaceae), the leaves; the density of the Chamaesyce sp. (akoko), Eragrostis sp., grows as a nearly erect, densely hairy, inflorescence; and the orientation of the Diospyros sp., and Metrosideros nonaromatic, perennial herb. Leaves are flowers (Wagner et al. 1999). polymorpha (USFWS 1995a; HINHP oval in outline with rounded teeth. Little is known about the life history Database 2000). Flowers, usually in groups of 6, are of this plant. Reproductive cycles, Competition with introduced plants is spaced along a stem; there are 2 shorter longevity, specific environmental the major threat to Peucedanum flowering stems directly below the main requirements, and limiting factors are sandwicense on Keopuka Rock (59 FR stem. The flowers have fused sepals and generally unknown. However, 9304; USFWS 1995a). white petals fused into a tube and individuals have been observed in fruit flaring into a smaller upper and a larger from April through September (USFWS Phlegmariurus mannii lower lip. Fruits are fleshy, dark green 1999). Phlegmariurus mannii, a short-lived to black nutlets. A suite of technical Plantago princeps is historically and member of the clubmoss family characteristics concerning the kind and currently found on Kauai, Oahu, (Lycopodiaceae), is a hanging epiphyte amount of hair, the number of flowers Molokai, and Maui. It is no longer (growing on the outside of other plants in a cluster, and details of the various extant on the Island of Hawaii. Plantago instead of being rooted in the ground) plant parts separate this species from princeps var. anomala is currently with clustered, delicate red stems and other members of the genus (Wagner et known from Kauai and Oahu; var. forked reproductive spikes; these traits al. 1999). longibracteata is known from Kauai and distinguish it from others in the genus Individual Phyllostegia mollis plants Oahu; var. princeps is known from in Hawaii (Degener and Degener 1959; live for approximately five years. The Oahu; and var. laxiflora is known from St. John 1981; Wagner and Wagner species is known to flower in late winter Molokai and Maui. On Maui, there are 1992). and spring. Additional information on five populations of Plantago princeps Additional information on the life the life history of this plant, var. laxiflora, with a total of 67 history of this plant, reproductive reproductive cycles, specific individuals, on State, Federal and cycles, longevity, specific environmental requirements, and privately owned lands. This variety is environmental requirements, and limiting factors is generally unknown found on East Maui at Koolau Gap, limiting factors is generally unknown (USFWS 1998b). Kaupo Gap, and Kipahulu Valley, and (USFWS 1997). Historically, Phyllostegia mollis was on West Maui in Iao Valley and Kauaula Historically, Phlegmariurus mannii known from Oahu, Molokai, and East Valley (USFWS 1999; GDSI 2000; was known from Kauai, West Maui Maui (Wagner et al. 1999, HINHP HINHP Database 2000). (Haelaau and Hanaula), and the Island Database 2000). Currently, this species On Maui, Plantago princeps var. of Hawaii (HINHP Database 2000). is only known from Oahu and Maui. On laxiflora is typically found on basalt Currently, this species is found on Maui East Maui, a single population of an cliffs in Metrosideros polymorpha and Hawaii. On Maui, this species is unknown number of individuals lowland wet forest or Acacia koa-M. now known on State and private lands remains on State and private lands in polymorpha montane wet forest or M. from Kaupo, Nuanualoa Stream, and Waiopai Gulch (GDSI 2000; HINHP polymorpha montane wet shrubland, Manawainui on East Maui; and from Database 2000). from 400 to 2,050 m (1,300 to 6,700 ft)

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79210 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules elevation (Wagner et al. 1999). reduced reproductive vigor, due to the (Apiaceae), is a stout perennial herb, 8 Associated plant species include small number of remaining populations to 36 cm (3 to 14 in.) tall, arising from Eragrostis variabilis, Hedyotis formosa, and individuals. Predation by slugs may a massive perennial stem. The stems are and Dubautia plantaginea spp. humilis also be a potential threat to this species tufted and branched, with the lower (USFWS 1999; HINHP Database 2000). (61 FR 53108; USFWS 1999). portion of the stem lying close to the The primary threats to Plantago ground, while the upper portion rises. Pteris lidgatei princeps var. laxiflora on Maui are The basal leaves are numerous and herbivory and habitat degradation by Pteris lidgatei, a short-lived member leathery in texture and are kidney- feral pigs and goats, and competition of the maidenhair fern family shaped or circular to egg-heart-shaped, with various alien plant species (59 FR (Adiantaceae), is a coarse perennial with three to seven lobes. The leaf lobes 56333; USFWS 1999). herb, 0.5 to 1 m (1.6 to 3.3 ft) tall. It has are circular to inversely egg-shaped. The a horizontal rhizome 1.5 cm (0.6 in.) Platanthera holochila leaf veins are impressed on the upper thick and at least 10 cm (3.9 in.) long surface and prominent on the lower Platanthera holochila, a short-lived, when mature. The fronds, including the surface. The leaf margins bear short, perennial member of the orchid family leaf stalks, are 60 to 95 cm (24 to 37 in.) sharp teeth. The basal leaf stalks are (Orchidaceae), is an erect, deciduous long and 20 to 45 cm (8 to 18 in.) wide. slender and abruptly sheathed at the herb. The stems arise from underground The leafy portion of the frond is oblong- base. The leaves are palmately three-to tubers, the pale green leaves are lance to deltoid to broadly ovate-deltoid, thick, five-lobed. The small purple, or cream- egg-shaped and the greenish-yellow brittle, and dark gray-green. The sori are colored with a purple tinge, flowers flowers occur in open spikes. This is the apparently marginal in position, either occur in branched terminal clusters, only species of this genus that occurs in fused into long linear sori, or more each of which contains six to ten the Hawaiian Islands (Wagner et al. typically separated into distinct shorter flowers. Each flower cluster contains 1999). sori, with intermediate conditions being one to three perfect flowers and five to Little is known about the life history common (Wagner 1949). P. lidgatei can seven staminate flowers. Below the of this plant. Reproductive cycles, be distinguished from other species of inflorescence is a series of about ten longevity, specific environmental Pteris in the Hawaiian Islands by the oblong or inversely lance-shaped bracts. requirements, and limiting factors are texture of its fronds and the tendency of The nearly spherical fruits are covered unknown. the sori along the leaf margins to be with prickles. This species is Historically, Platanthera holochila broken into short segments instead of distinguished from others in the genus was known from Maui, Oahu, Molokai, being fused into continuous marginal by the number of flowers per cluster and and Kauai (HINHP Database 2000). sori (Wagner and Wagner 1992). by the color of the petals (Constance and Currently, Platanthera holochila is Additional information on the life Affolter 1999). extant on Kauai, Molokai, and Maui history of this plant, reproductive Additional information on the life (HINHP Database 2000). On Maui, three cycles, longevity, specific history of this plant, reproductive populations with 28 individuals are environmental requirements, and cycles, longevity, specific reported on State and privately owned limiting factors is generally unknown environmental requirements, and lands from Hanaula and the Kapaloa (USFWS 1998a). limiting factors is generally unknown Gulch rim on West Maui, and from Historically, Pteris lidgatei was found (USFWS 1999). Koolau Gap on East Maui (GDSI 2000; on Oahu, Molokai, and Waihee on West Historically and currently, Sanicula HINHP Database 2000). Maui (HINHP Database 2000). Currently, purpurea is known from Oahu and West Platanthera holochila is found in this species is known from Oahu and Maui (HINHP Database 2000). On West Metrosideros polymorpha-Dicranopteris Maui. Two populations with Maui, four populations totaling between linearis montane wet forest or M. approximately 20 individuals occur on 130 and 250 individuals are currently polymorpha mixed montane bog or Maui, one population on privately known on State and private lands in mesic scrubby M. polymorpha forest owned land in Kahuaula Valley and the Keahikauo, Eke Crater, Violet Lake, and between 1,050–2,120 m (3,440–6,960 ft) other population on State owned land Puu Kukui (GSDI 2000; HINHP Database elevation. Associated native plants near Kahakuloa Stream (GDSI 2000; 2000). include Cibotium sp., Coprosma HINHP Database 2000). This species typically grows in open ernodeoides (nene), Oreobolus furcatus This species grows on steep stream Metrosideros polymorpha mixed (NCN), Styphelia tameiameiae, banks between 915 to 1,070 m (3,000 to montane bogs between 1,000 and 1,620 Wikstroemia sp., Scaevola 3,500 ft) elevation in wet Metrosideros m (3,280 and 5,330 ft) elevation (HINHP chamissoniana (naupaka kuahiwi), polymorpha-Dicranopteris linearis Database 2000). Associated plant taxa Sadleria sp., Lythrum maritimum montane forest with and other include Styphelia tameiameiae, Gahnia (pukamole), Deschampsia sp., ferns, including Cibotium chamissoi beechyi (NCN), Geranium humile Metrosideros polymorpha, Luzula (hapuu), Dicranopteris linearis, (nohoanu), Myrsine vaccinioides (kolea), hawaiiensis (wood rush), Sisyrinchium Elaphoglossum crassifolium (ekaha), Viola mauiensis (pamakani), acre (Maui u la ili), Broussaisia arguta, Sadleria squarrosa (amau), and (eke Clermontia sp., Lycopodium cernuum Sphenomeris chusana (palaa) (HINHP silversword), Plantago pachyphylla (wawae iole), Dubautia scabra (na ena Database 2000). (laukahi kuahiwi), Lycopodium sp., e), Polypodium pellucidum, Gahnia The primary threats to Pteris lidgatei Argyroxiphium grayanum, Lagenifera gahniiformis (NCN), and Vaccinium on Maui are the alien plant Clidemia mauiensis (howaiaulu), Machaerina sp., reticulatum (61 FR 53108; USFWS hirta, habitat destruction by feral pigs, and Oreobolus furcatus (HINHP 1999). and a risk of extinction due to random Database 2000). The primary threats to Platanthera environmental events (59 FR 49025; Habitat degradation by feral pigs, a holochila on Maui are habitat USFWS 1998a). risk of extinction due to random degradation and/or destruction by feral environmental events, and/or reduced pigs; competition with alien plants; and Sanicula purpurea reproductive vigor due to the small a risk of extinction on Maui from Sanicula purpurea, a short-lived number of existing populations are the naturally occurring events and/or member of the parsley family major threats to Sanicula purpurea (61

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79211

FR 53108; USFWS 1999; HINHP iaka), Rhynchelytrum repens, Sida contortus (USFWS 1999; HINHP Database 2000). fallax, and Dodonaea viscosa (USFWS Database 2000; C. Chimera, pers. comm. 1999; HINHP Database 2000). 2000). Sesbania tomentosa The primary threats to Sesbania The primary threats to Spermolepis Sesbania tomentosa, a short-lived tomentosa on Maui are habitat hawaiiensis on Maui are habitat member of the legume family degradation caused by competition with degradation by feral goats, pigs, and axis (Fabaceae), is typically a sprawling various alien plant species such as deer; competition with various alien shrub, but may also be a small tree. Each Lantana camara, Waltheria sp., and plants, such as Rhynchelytrum repens compound leaf consists of 18 to 38 grass species; feral cattle; lack of and Lantana camara; and erosion, oblong to elliptic leaflets which are adequate pollination; seed predation by landslides, and rockslides due to natural usually sparsely to densely covered rats, mice and, potentially, alien insects; weathering which result in the death of with silky hairs. The flowers are salmon fire; and destruction by off-road vehicles individual plants, as well as habitat tinged with yellow, orange-red, scarlet and other human disturbances (59 FR destruction (59 FR 56333; USFWS or rarely, pure yellow. S. tomentosa is 56333; USFWS 1999). Threats to 1999). the only endemic Hawaiian species in Sesbania tomentosa on Puu Koae Vigna o-wahuensis the genus, differing from the naturalized include habitat degradation caused by S. sesban by the color of the flowers, the competition with various alien plant Vigna o-wahuensis, a member of the longer petals and calyx, and the number species, erosion, and trampling by cats legume family (Fabaceae), is a slender, of seeds per pod (Geesink et al. 1999). and seabirds (P. Higashino, pers. comm. twining, long-lived perennial herb with The pollination biology of Sesbania 2000). fuzzy stems. Each leaf is made up of tomentosa is being studied by David three leaflets which vary in shape from Hopper, a graduate student in the Spermolepis hawaiiensis round to linear, and are sparsely or Department of Zoology at the University Spermolepis hawaiiensis, a member of moderately covered with coarse hairs. of Hawaii at Manoa. His preliminary the parsley family (Apiaceae), is a Flowers, in clusters of one to four, have findings suggest that although many slender annual herb with few branches. thin, translucent, pale yellow or insects visit Sesbania flowers, the Its leaves, dissected into narrow, lance- greenish yellow petals. The two majority of successful pollination is shaped divisions, are oblong to lowermost petals are fused and appear accomplished by native bees of the somewhat oval in outline and grow on distinctly beaked. The sparsely hairy genus Hylaeus and that populations at stalks. Flowers are arranged in a loose, calyx has asymmetrical lobes. The fruits Kaena Point on Oahu are probably compound umbrella-shaped are long slender pods that may or may pollinator limited. Flowering at Kaena inflorescence arising from the stem, not be slightly inflated and contain 7 to Point is highest during the winter-spring opposite the leaves. Spermolepis 15 gray to black seeds. This species rains, and gradually declines throughout hawaiiensis is the only member of the differs from others in the genus by its the rest of the year (USFWS 1999). genus native to Hawaii. It is thin yellowish petals, sparsely hairy Other aspects of this plant’s life history distinguished from other native calyx, and thin pods which may or may are unknown. members of the family by being a not be slightly inflated (Geesink et al. Currently, Sesbania tomentosa occurs nonsucculent annual with an umbrella- 1999). on at least six of the eight main shaped inflorescence (Constance and Additional information on the life Hawaiian Islands (Kauai, Oahu, Affolter 1999). history of this plant, reproductive Molokai, Kahoolawe, Maui, and Hawaii) Little is known about the life history cycles, longevity, specific and in the Northwestern Hawaiian of Spermolepis hawaiiensis. environmental requirements, and Islands ( and Necker). It is no Reproductive cycles, longevity, specific limiting factors is generally unknown longer extant on Niihau and Lanai (59 environmental requirements, and (USFWS 1999). FR 56333; USFWS 1999; GDSI 2000; limiting factors are unknown (USFWS Historically, Vigna o-wahuensis was HINHP Database 2000). On Maui, S. 1999). known from Niihau, Oahu, and on East tomentosa is known from seven Historically, Spermolepis hawaiiensis Maui in Makawao, Waiakoa, and populations with a total of 83 was known from the islands of Kauai, Haleakala, and at an unspecified site on individuals. The populations are located Oahu, Lanai, and Hawaii (HINHP West Maui (HINHP Database 2000). on State-leased land at Kanaio Training Database 2000). Currently, it is extant on Currently, Vigna o-wahuensis is known Area on East Maui; and on State and Kauai, Oahu, Molokai, Lanai, West from the islands of Molokai, Lanai, privately owned lands at Olowalu Maui, and Hawaii (59 FR 56333; GDSI Kahoolawe, Maui, and Hawaii. There Canyon, Mokolea Point, Kahakuloa, 2000; HINHP Database 2000). On Maui, are no currently known populations on Nakalele Point, and Poelua Bay on West there are three known populations with Niihau or Oahu (HINHP Database 2000). Maui(GDSI 2000; HINHP Database 2000; hundreds to thousands of individuals On the State-owned island of B. Hobdy in litt. 2000). Off the south on State owned lands in Kuia NAR and Kahoolawe, there are a total of three central coast of Kahoolawe, Kanaio NAR, and on privately owned populations with an unknown number approximately 100 individuals of S. land in Lihau (USFWS 1999; GDSI 2000; of individuals in the Makaalae/Lua tomentosa are found on a small islet, HINHP Database 2000; C. Chimera, pers. Kealialalo area at 140 m (460 ft) Puu Koae, a State-owned seabird comm. 2000). elevation, the Puhi a Nanue area near a sanctuary (USFWS 1999; HINHP Spermolepis hawaiiensis is known tidal pond, and on Lua Makika (GDSI Database 2000). from shady spots in Dodonaea viscosa 2000; HINHP Database 2000). On Maui, Sesbania tomentosa is found in lowland dry shrubland, at elevations there is a single population of 2 Scaevola sericea coastal dry shrublands from 300 to 550 m (980 to 1,800 ft). individuals on State owned land in the on windswept slopes, sea cliffs and Associated plant species include Kanaio area of East Maui (GDSI cinder slopes between sea level and 580 Eragrostis variabilis, Wikstroemia sp., 2000; C. Chimera, pers. comm. 2000) m (1,900 ft) elevation (HINHP Database Erythrina sandwicensis, Diospyros sp., On Kahoolawe, Vigna o-wahuensis 2000). Associated plant species include Pleomele sp., Lipochaeta livarum, Sida occurs in dry to mesic grassland and Lipochaeta integrifolia, Jacquemontia fallax, Myoporum sandwicensis, shrubland from 10 to 140 m (30 to 460 ovalifolia ssp. sandwicensis (pa uohi Santalum ellipticum, and Heteropogon ft) in elevation (Geesink et al. 1999;

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79212 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

HINHP Database 2000). Associated plant composed of three small triangular-oval forest, at elevations between 550 and species include Sida fallax, to lance-shaped, toothed leaves (leaflets) 1,740 m (1,800 and 5,710 ft) (59 FR Chenopodium sp., Dubautia menziesii, with surfaces usually without hairs. 10305; Stone et al. 1999; HINHP and Osteomeles anthyllidifolia (HINHP Zanthoxylum hawaiiense is Database 2000). Associated species Database 2000). On Maui, Vigna o- distinguished from other Hawaiian include Metrosideros polymorpha, wahuensis occurs in dry forests around members of the genus by several Diospyros sandwicensis, Pisonia sp., 12 m (40 ft) elevation (C. Chimera, pers. characters: three leaflets all of similar Xylosma hawaiiensis, Santalum comm. 2000). Associated plant species size, one joint on lateral leaf stalk, and ellipticum, Alphitonia ponderosa, on Maui include Dodonaea viscosa, sickle-shape fruits with a rounded tip Osteomeles anthyllidifolia, Alectryon Chamaesyce sp., Nothocestrum (Stone et al. 1999). macrococcus, Charpentiera sp., latifolium, and Nesoluma polynesicum Additional information on the life Melicope sp., Dodonaea viscosa, (C. Chimera, pers. comm. 2000). history of this plant, reproductive The primary threats to Vigna o- cycles, longevity, specific Streblus pendulinus, Myrsine wahuensis on Kahoolawe are environmental requirements, and lanaiensis, and Sophora chrysophylla competition with various alien plant limiting factors is generally unknown (HINHP Database 2000). species; fire; and a risk of extinction due (USFWS 1996). The threats to Zanthoxylum to random environmental events, and/or Historically, Zanthoxylum hawaiiense hawaiiense on Maui include browsing, reduced reproductive vigor due to the was known from the islands of Kauai, grazing, and trampling by feral goats small number of existing populations Molokai, Lanai, Hawaii, and southern and cattle; competition with the alien and individuals (59 FR 56333; USFWS and southwestern slopes of Haleakala plant species Melia azedarach 1999). The primary threats to this on Maui. Currently, Zanthoxylum (chinaberry), Lantana camara, and species on Maui are competition with hawaiiense is extant on Kauai, Molokai, Pennisetum setaceum; fire; human the alien plant species Lantana camara Maui, and Hawaii. This species is found disturbance; and risk of extinction from and Cenchrus ciliaris (buffelgrass) and on eastern Maui in three populations naturally occurring events and/or herbivory by axis deer and goats. (unknown number of individuals) on reduced reproductive vigor due to the private and State lands at Auwahi, small number of populations (59 FR Zanthoxylum hawaiiense Lualailua, and Kanaio (GDSI 2000; 10305; USFWS 1996). Zanthoxylum hawaiiense, a long-lived HINHP Database 2000). perennial, is a medium-size tree with Zanthoxylum hawaiiense is reported A summary of populations and pale to dark gray bark, and lemon- from open lowland dry or mesic landownership for the 55 plant species scented leaves in the rue family Nestegis sandwicensis-Pleomele on Maui and Kahoolawe is given in (Rutaceae). Alternate leaves are auwahiensis forests, or montane dry Table 3.

TABLE 3.ÐSUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 55 SPECIES ON MAUI AND KAHOOLAWE

Number of Landownership Species current pop- ulations Federal State Private

Acaena exigua ...... 0 Alectryon macrococcus ...... 6 X X Argyroxiphium sandwicense ...... 7 X X Bidens micrantha ssp. kalealaha ...... 4 X X Bonamia menziesii ...... 3 XX Cenchrus agrimonioides ...... 1 X Centaurium sebaeoides ...... 3 X X Clermontia lindseyana ...... 2 X X Clermontia oblongifolia ssp. mauiensis ...... 1 X X Clermontia samuelii ...... 8 X X Colubrina oppositifolia ...... 2 X Ctenitis squamigera ...... 6 X X Cyanea copelandii ssp. haleakalaensis ...... 3 X X X Cyanea glabra ...... 1 X Cyanea grimesiana spp. grimesiana ...... 2 X X Cyanea hamatiflora spp. hamatiflora ...... 9 X X X Cyanea lobata ...... 1 X Cyanea mceldowneyi ...... 6 X X Cyrtandra munroi ...... 1 X X Diellia erecta ...... 4 X X Diplazium molokaiense ...... 2 X X Dubautia plantaginea spp. humilis ...... 2 X X Flueggea neowawraea ...... 2 X X Geranium arboreum ...... 10 X XX Geranium multiflorum ...... 9 X X X Hedyotis coriacea ...... 1X Hedyotis mannii ...... 1 X Hesperomannia arborescens ...... 1 X X Hesperomannia arbuscula ...... 3 X Hibiscus brackenridgei ...... 5 X X Ischaemum byrone ...... 6 XX Kanaloa kahoolawensis ...... 1 X Lipochaeta kamolensis ...... 1 X X Lysimachia lydgatei ...... 3 X

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79213

TABLE 3.ÐSUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 55 SPECIES ON MAUI AND KAHOOLAWEÐContinued

Number of Landownership Species current pop- ulations Federal State Private

Mariscus pennatiformis ...... 1 X Melicope adscendens ...... 3 X X Melicope balloui ...... 2 X X Melicope knudsenii ...... 3 X Melicope mucronulata ...... 1 X Melicope ovalis ...... 1 X Neraudia sericea ...... 3 X X Peucedanum sandwicense ...... 1 X Phlegmariurus mannii ...... 5 X X Phyllostegia mollis ...... 1XX Plantago princeps ...... 5XXX Platanthera holochila ...... 3 X X Pteris lidgatei ...... 2 X X Remya mauiensis ...... 3X Sanicula purpurea ...... 4XX Schiedea haleakalensis ...... 2 X Sesbania tomentosa ...... 8 X X Spermolepis hawaiiensis ...... 3 X X Tetramolopium capillare ...... 4 X X Vigna o-wahuensis ...... 4 X Zanthoxylum hawaiiense ...... 3 X X

Previous Federal Action (as Sesbania hobdyi and Sesbania to be extinct except for Cyanea glabra Federal action on these plants began tomentosa var. tomentosa), Vigna o- and Cyrtandra munroi; additionally, as a result of Section 12 of the Act, wahuensis (as Vigna sandwicensis var. Argyroxiphium sandwicense ssp. which directed the Secretary of the heterophylla and var. sandwicensis), macrocephalum (as Argyroxiphium Smithsonian Institution to prepare a and Zanthoxylum hawaiiense (as macrocephalum) appeared in the 1976 report on plants considered to be Zanthoxylum hawaiiense var. proposed rule as endangered. The list of endangered, threatened, or extinct in the citiodora), were considered to be 1,700 plant taxa was assembled on the United States. This report, designated as endangered; Cyrtandra munroi, Diellia basis of comments and data received by House Document No. 94–51, was erecta, and Zanthoxylum hawaiiense (as the Smithsonian Institution and the presented to Congress on January 9, Zanthoxylum hawaiiense var. Service in response to House Document 1975. In that document, Alectryon hawaiiense and var. velutinosum) were No. 94–51 and the July 1, 1975, Federal macrococcus (as Alectryon considered to be threatened; and, Bidens Register publication. macrococcum var. macrococcum and micrantha ssp. kalealaha (as Bidens General comments received in Alectryon mahoe), Bonamia menziesii, distans and Bidens micrantha spp. response to the 1976 proposal are Clermontia lindseyana, Colubrina kalealaha), Ctenitis squamigera, summarized in an April 26, 1978, oppositifolia, Cyanea glabra (as Cyanea Diplazium molokaiense, Hedyotis Federal Register publication (43 FR scabra var. variabilis), Cyanea lobata (as coriacea, Melicope knudsenii (as Pelea 17909). In 1978, amendments to the Act Cyanea baldwinii), Cyanea knudsenii and Pelea tomentosa), required that all proposals over two mceldowneyi, Flueggea neowawraea (as Melicope mucronulata (as Pelea years old be withdrawn. A one-year Drypetes phyllanthoides), Geranium mucronulata), Phlegmariurus mannii grace period was given to proposals arboreum, Geranium multiflorum (as (as Lycopodium mannii), Plantago already over two years old. On Geranium multiflorum var. multiflorum, princeps (as Plantago princeps var. December 10, 1979, the Service var. obatifolium, and var. superbum), acaulis, var. denticulata, and var. published a notice in the Federal Hedyotis mannii (as Hedyotis thyrsoidea queleniana), Pteris lidgatei, and Register (44 FR 70796) withdrawing the var. thyrsoidea), Hesperomannia Tetramolopium capillare were portion of the June 16, 1976, proposal arborescens (as Hesperomannia considered extinct. On July 1, 1975, the that had not been made final, along with arborescens var. bushiana and var. Service published notice in the Federal four other proposals that had expired. swezeyi), Hesperomannia arbuscula, Register (40 FR 27823) of its acceptance The Service published updated notices Hibiscus brackenridgei (as Hibiscus of the Smithsonian report as a petition of review for plants on December 15, brackenridgei var. brackenridgei, var. within the context of Section 4(c)(2) 1980 (45 FR 82479), September 27, 1985 mokuleianus, and var. ‘‘from Hawaii’’), (now Section 4(b)(3)) of the Act, and (50 FR 39525), February 21, 1990 (55 FR Ischaemum byrone, Melicope balloui (as gave notice of its intention to review the 6183), September 30, 1993 (58 FR Pelea balloui), Melicope knudsenii (as status of the plant taxa named therein. 51144), February 28, 1996 (61 FR 7596), Pelea multiflora), Melicope ovalis (as As a result of that review, on June 16, and September 19, 1997 (62 FR 49398). Pelea ovalis), Neraudia sericea (as 1976, the Service published a proposed A summary of the status categories for Neraudia kahoolawensis), Peucedanum rule in the Federal Register (41 FR the 55 plant species in the 1980–1997 sandwicense (as Peucedanum 24523) to determine endangered status notices of review can be found in Table kauaiense), Phyllostegia mollis, pursuant to Section 4 of the Act for 4(a). The 55 species were listed as Plantago princeps (as Plantago princeps approximately 1,700 taxa, endangered or threatened between 1991 var. elata, var. laxifolia, var. princeps), including all of the above taxa and 1999. A summary of the listing Remya mauiensis, Sesbania tomentosa considered to be endangered or thought actions can be found in Table 4(b).

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79214 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

TABLE 4(A).ÐSUMMARY OF CANDIDACY STATUS FOR 55 PLANT SPECIES ON MAUI AND KAHOOLAWE

FEDERAL REGISTER Notice of Review Species 1980 1985 1990 1993 1996 1997

Acaena exigua ...... C1 C1 C1 Alectryon macrococcus ...... C1 C1 C1 Argyroxiphium sandwicense ssp. macrocephalum ...... C1 C1 C1 Bidens micrantha ssp. kalealaha ...... C1 C1 C1 Bonamia menziesii ...... C1 C1 C1 Cenchrus agrimonioides Centaurium sebaeoides ...... C1 Clermontia lindseyana ...... C1 C1 C1 Clermontia oblongifolia ssp. mauiensis ...... C1 Clermontia samuelii Colubrina oppositifolia ...... C1 C1 C1 Ctenitis squamigera ...... C1* C1* C1* Cyanea copelandii ssp. haleakalaensis ...... C Cyanea glabra ...... C Cyanea grimesiana spp. grimesiana ...... C1 C1 C2 Cyanea hamatiflora spp. hamatiflora ...... C Cyanea lobata ...... C1 C1 C1 Cyanea mceldowneyi ...... C1 C1 C1 Cyrtandra munroi ...... C2 C2 C1 Diellia erecta ...... C1 C1 C1 Diplazium molokaiense ...... C1* C1* C1 Dubautia plantaginea spp. humilis ...... C2 C2 C Flueggea neowawraea ...... C1 C1 C1 Geranium arboreum ...... C1 C1 C1 Geranium multiflorum ...... C1 C1 C1 Hedyotis coriacea ...... C1C1C1 Hedyotis mannii ...... C1 C1 C1 Hesperomannia arborescens ...... C1 C1 C1 Hesperomannia arbuscula ...... C1 C1 C1 Hibiscus brackenridgei ...... C1 C1 C1 Ischaemum byrone ...... C1 C1C1 Kanaloa kahoolawensis ...... C Lipochaeta kamolensis ...... C1 C1 C1 Lysimachia lydgatei ...... C1 Mariscus pennatiformis ...... C1 C1 Melicope adscendens ...... 3A Melicope balloui ...... C1 C1 C1* Melicope knudsenii ...... C1* C1* C1 Melicope mucronulata ...... C1 C1 C1 Melicope ovalis ...... C1 C1* C1* Neraudia sericea ...... 3A3AC1 Peucedanum sandwicense ...... C2 C2 C2 Phlegmariurus mannii ...... C1 C1 C1 Phyllostegia mollis ...... C1 C1 C1 Plantago princeps ...... C2C2C1 Platanthera holochila ...... C1 C1 C1 C2 Pteris lidgatei ...... C1 C1 C1 Remya mauiensis ...... C1C1 Sanicula purpurea Schiedea haleakalensis ...... C1 C1 Sesbania tomentosa ...... C1* C1*C1 Spermolepis hawaiiensis ...... C1 Tetramolopium capillare ...... C1* C1* C1* Vigna o-wahuensis ...... C1 C1 C1 Zanthoxylum hawaiiense ...... C1 C1 C1 Key: C: Taxa for which the Service sufficient information on biological vulnerability and threats to support proposals to list them as endangered or threatened taxa. C1: Taxa for which the Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened species. C1*: Taxa of known vulnerable status in the recent past that may already have become extinct. C2: Taxa for which there is some evidence of vulnerability, but for which there are not enough data to support listing proposals at this time. 3A: Taxa for which the Service has persuasive evidence of extinction. If rediscovered, such taxa might acquire high priority for listing.

Federal Register Notice of Review 1985: 50 FR 39525 1996: 61 FR 7596 1980: 45 FR 82479 1990: 55 FR 6183 1997: 62 FR 49398 1993: 58 FR 51144

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79215

TABLE 4(B).ÐSUMMARY OF LISTING ACTIONS FOR 55 PLANT SPECIES ON MAUI AND KAHOOLAWE

Proposed rule Final rule Federal Species status Federal Reg- Federal Reg- Date ister Date ister

Acaena exigua ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20787 Alecryon macrococcus ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Argyroxiphium sandwicense ssp. macrocephalum ...... T 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Bidens micrantha ssp. kalealaha ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Bonamia menziesii ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Cenchrus agrimonioides ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Centaurium sebaeoides ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Clermontia lindseyana ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Clermontia oblongifolia ssp. mauiensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Clermontia samuelii ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Colubrina oppositifolia ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Ctenitis squamigera ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Cyanca copelandii ssp. haleakalaensis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea glabra ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea grimesiana ssp. grimesiana ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Cyanea hamatiflora ssp. hamatiflora ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea lobata ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Cyanea mceldowneyi ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Cyrtandra munroi ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Diellia erecta ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Diplazium molokaiense ...... E 06/24/93 58 FR 34241 09/09/94 59 FR 49025 Dubautia plantaginea ssp. humilis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Flueggea neowawraea ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Geranium arboreum ...... E 01/23/91 56 FR 2490 05/13/92 57 FR 20589 Geranium multiflorum ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Hedyotis coriacea ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Hedyotis mannii ...... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325 Hesperomannia arborescens ...... E 10/14/92 57 FR 47028 03/28/94 59 FR 14482 Hesperomannia arbuscuia ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Hibiscus brackenridgei ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Ischaemum byrone ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Kanaloa kahoolawensis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Lipochaeta kamolensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Lysimachia lydgatei ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Mariscus pennatiformis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Melicope adscendens ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Melicope balloui ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Melicope knudsenii ...... E 10/30/91 56 FR 5562 02/25/94 59 FR 09304 Melicope mucronulata ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Melicope ovalis ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Neraudia sericea ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Peucedanum sandwicense ...... T 10/30/91 56 FR 5562 02/25/94 59 FR 09304 Phlegmariurus mannii ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Phyllostegia mollis ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Plantago princeps ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Platanthera holochila ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Pteris lidgatei ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Remya mauiensis ...... E 10/02/89 54 FR 40447 01/14/91 56 FR 1450 Sanicula purpurea ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Schiedea haleakalensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Sesbania tomentosa ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Spermolepis hawaiiensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Tetramolopium capillare ...... E 03/25/93 58 FR 16164 09/30/94 59 FR 49860 Vigna o-wahuensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Zanthoxylum hawaiiense ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Key: E=Endangered T=Threatened

Section 4(a)(3) of the Act, as threatened. Our regulations (50 CFR expected to increase the degree of threat amended, and implementing regulations 424.12(a)(1)) state that designation of to the species, or (2) such designation of (50 CFR 424.12) require that, to the critical habitat is not prudent when one critical habitat would not be beneficial maximum extent prudent and or both of the following situations exist: to the species. At the time each plant determinable, the Secretary designate (1) The species is threatened by taking was listed, we determined that critical habitat at the time the species is or other human activity, and designation of critical habitat was determined to be endangered or identification of critical habitat can be prudent for six of these plants

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79216 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

(Clermontia samuelii, Cyanea though no such activity may be hunters, or potentially increase trespass copelandii ssp. haleakalaensis, Cyanea occurring there at the present Id. at or vandalism on private lands. In glabra, Cyanea hamatiflora ssp. 1285–88. addition, commenters also cited a lack hamatiflora, Dubautia plantaginea ssp. On August 10, 1998, the court ordered of information on the biological and humilis, and Kanaloa kahoolawensis) us to publish proposed critical habitat ecological needs of these plants which, and not prudent for the other 49 plants designations or non-designations for at they suggest, may lead to designation because it would not benefit the plant least 100 species by November 30, 2000, based on guesswork. The respondents and/or would increase the degree of and to publish proposed designations or who supported the designation of threat to the species. non-designations for the remaining 145 critical habitat cited that designation The not prudent determinations were species by April 30, 2002. 24 F. Supp. would provide a uniform protection challenged in Conservation Council for 2d 1074. plan for the Hawaiian Islands; promote Hawaii v. Babbitt. 2 F. Supp. 2d 1280 At the time we listed Clermontia funding for management of these plants; (D. Haw. 1998). On March 9, 1998, the samuelii, Cyanea copelandii ssp. educate the public and State United States District Court for the haleakalaensis, Cyanea glabra, Cyanea government; and protect partnerships District of Hawaii directed us to review hamatiflora ssp. hamatiflora, Dubautia with landowners and build trust. the prudency determinations for 245 plantaginea ssp. humilis, and Kanaloa On December 29, 1999, we mailed listed plant species in Hawaii, including kahoolawensis (64 FR 48307) we letters to over 130 landowners on the 49 of these 55 species. Among other determined that designation of critical islands of Maui and Kahoolawe things, the court held that in most cases habitat was prudent and that we would requesting any information considered we did not sufficiently demonstrate that develop critical habitat designations for germane to the management of any of the species are threatened by human these six taxa, along with four others, at the 245 plants on his/her property, and activity or that such threats would the same time we developed containing a copy of the November 30, increase with the designation of critical designations for the 245 Hawaiian plant 1998, Federal Register notice, a map habitat. Id. At 1283—85. The court also species. This timetable was challenged showing the general locations of the held that we failed to balance any risks in Conservation Council for Hawaii v. plants that may be on his/her property, of designating critical habitat against Babbitt, Civ. No. 99–00283 HG (D. Haw. and a handout containing general any benefits. Id. For example, the court Aug. 19, 1999, Feb. 16, 2000, and March information on critical habitat. We suggested that, before concluding 28, 2000). The court agreed, however, received 20 written responses to our critical habitat would not be prudent, that it was reasonable for us to integrate landowner mailing with varying types the Service should consider whether these ten Maui Nui (Maui, Lanai, of information on their current land designation might prevent an Molokai, and Kahoolawe) plant taxa management activities. These responses inadvertent act of destruction by into the schedule established for included information on the following: educating the public. designating critical habitat for the other fencing; weeding; access to hunters or Regarding our determination that 245 Hawaiian plants, and ordered us to limited hunting; ungulate control; designating critical habitat would have publish proposed critical habitat scientific research; fire control; and no additional benefits to the species designations for the ten Maui Nui propagation and/or planting of native above and beyond those already species by November 30, 2000, and to plants. We held two open houses on the provided through the section 7 publish final critical habitat island of Maui, at the Lahaina Civic consultation requirement of the Act, the designations by November 30, 2001. Center and the Wailuku Community court ruled that we failed to consider This notice responds to the court orders. Center, on January 11 and 12, 2000, the specific effect of the consultation On November 30, 1998, we published respectively, to meet one-on-one with requirement on each species Id. at a notice in the Federal Register local landowners and other interested 1286–88. In addition, the court stated requesting public comments on our members of the public. A total of 30 that we did not consider benefits reevaluation of whether designation of people attended the two open houses. outside of the consultation critical habitat is prudent for the 245 On November 7, 2000, we published requirements. In the court’s view, these Hawaiian plants at issue (63 FR 65805). the first of the court-ordered prudency potential benefits include substantive The comment period closed on March 1, determinations and proposed critical and procedural protections. The court 1999, and was reopened from March 24, habitat designations or non-designations held that substantively, designation 1999, to May 24, 1999 (64 FR 14209). for Kauai and Niihau plants (65 FR establishes a ‘‘uniform protection plan’’ We received over 100 responses from 66808). In that proposal, we determined prior to consultation and indicates individuals, non-profit organizations, that critical habitat was prudent for where compliance with section 7 of the the State of Hawaii’s Division of eleven species (Alectryon macrococcus, Act is required. Procedurally, the court and Wildlife, county Bonamia menziesii, Centaurium stated that the designation of critical governments, and Federal agencies (U.S. sebaeoides, Flueggea neowawraea, habitat educates the public and State Department of Defense-Army, Navy, Air Melicope knudsenii, Peucedanum and local governments and affords them Force). Only a few responses offered sandwicense, Plantago princeps, an opportunity to participate in the information on the status of individual Platanthera holochila, Sesbania designation Id. at 1288. The court also plant species or on current management tomentosa, Spermolepis hawaiiensis, stated that private lands may not be actions for one or more of the 245 and Zanthoxylum hawaiiense) from excluded from critical habitat Hawaiian plants. While some Kauai and/or Niihau that also occur on designation even though section 7 respondents expressed support for the Maui and/or Kahoolawe. requirements apply only to Federal designation of critical habitat for 245 agencies. In addition to the potential Hawaiian plants, more than 80 percent Critical Habitat benefit of informing the public and State opposed the designation of critical Critical habitat is defined in section 3 and local governments of the listing and habitat for these plants. In general, these of the Act as—(i) the specific areas of the areas that are essential to the respondents opposed designation within the geographic area occupied by species’ conservation, the court found because they believed it will cause a species, at the time it is listed in that there may be Federal activity on the economic hardship, chill cooperative accordance with the Act, on which are private property in the future, even projects, polarize relationships with found those physical or biological

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79217 features (I) essential to the conservation what, at the time of designation, we time. Furthermore, we recognize that of the species and (II) that may require know to be critical habitat. designation of critical habitat may not special management considerations or Within the geographic area occupied include all of the habitat areas that may protection; and (ii) specific areas by the species, we will designate only eventually be determined to be outside the geographic area occupied by areas currently known to be essential. necessary for the recovery of the a species at the time it is listed, upon Essential areas should already have the species. For these reasons, all should a determination that such areas are features and habitat characteristics that understand that critical habitat essential for the conservation of the are necessary to sustain the species. We designations do not signal that habitat species. ‘‘Conservation’’ means the use will not speculate about what areas outside the designation is unimportant of all methods and procedures that are might be found to be essential if better or may not be required for recovery. necessary to bring an endangered or a information became available, or what Areas outside the critical habitat threatened species to the point at which areas may become essential over time. If designation will continue to be subject listing under the Act is no longer the information available at the time of to conservation actions that may be necessary. designation does not show that an area implemented under Section 7(a)(1) and Critical habitat receives protection provides essential life cycle needs of the to the regulatory protections afforded by under section 7 of the Act through the species, then the area should not be the section 7(a)(2) jeopardy standard prohibition against destruction or included in the critical habitat and the Section 9 take prohibition, as adverse modification of critical habitat designation. Within the geographic area determined on the basis of the best with regard to actions carried out, occupied by the species, we will not available information at the time of the funded, or authorized by a Federal designate areas that do not now have the action. We specifically anticipate that agency. Section 7 also requires primary constituent elements , as federally funded or assisted projects conferences on Federal actions that are defined at 50 CFR 424.12(b), that affecting listed species outside their likely to result in the destruction or provide essential life cycle needs of the designated critical habitat areas may adverse modification of proposed species. still result in jeopardy findings in some critical habitat. In our regulations at 50 Our regulations state that, ‘‘The cases. Similarly, critical habitat CFR 402.02, we define destruction or Secretary shall designate as critical designations made on the basis of the adverse modification as ‘‘ * * * the habitat areas outside the geographic area best available information at the time of direct or indirect alteration that presently occupied by the species only designation will not control the appreciably diminishes the value of when a designation limited to its direction and substance of future critical habitat for both the survival and present range would be inadequate to recovery plans, habitat conservation recovery of a listed species. Such ensure the conservation of the species.’’ plans, or other species conservation alterations include, but are not limited (50 CFR 424.12(e)). Accordingly, when planning efforts if new information to, alterations adversely modifying any the best available scientific and available to these planning efforts calls of those physical or biological features commercial data do not demonstrate for a different outcome. that were the basis for determining the that the conservation needs of the habitat to be critical.’’ Aside from the species require designation of critical A. Prudency Redetermination added protection that may be provided habitat outside of occupied areas, we Designation of critical habitat is not under section 7, the Act does not will not designate critical habitat in prudent when one or both of the provide other forms of protection to areas outside the geographic area following situations exist: (i) The lands designated as critical habitat. occupied by the species. species is threatened by taking or other Because consultation under section 7 of The Service’s Policy on Information human activity, and identification of the Act does not apply to activities on Standards Under the Endangered critical habitat can be expected to private or other non-Federal lands that Species Act, published in the Federal increase the degree of such threat to the do not involve a Federal nexus, critical Register on July 1, 1994 (Vol. 59, p. species; or (ii) such designation of habitat designation would not afford 34271), provides criteria, establishes critical habitat would not be beneficial any additional protections under the procedures, and provides guidance to to the species (50 CFR 424.12(a)(1)). Act against such activities. ensure that decisions made by the To determine whether critical habitat In order to be included in a critical Service represent the best scientific and would be prudent for each of the 38 habitat designation, the habitat must commercial data available. It requires species discussed in this rule for which first be ‘‘essential to the conservation of Service biologists, to the extent a prudency determination has not been the species.’’ Critical habitat consistent with the Act and with the use made previously, we analyzed the designations identify, to the extent of the best scientific and commercial potential threats and benefits for each known using the best scientific and data available, to use primary and species in accordance with the court’s commercial data available, habitat areas original sources of information as the order. One species, Acaena exigua, that provide essential life cycle needs of basis for recommendations to designate known only from Kauai and Maui, is no the species (i.e., areas on which are critical habitat. When determining longer extant in the wild. On Kauai, this found the primary constituent elements, which areas are critical habitat, a species was only known from a as defined at 50 CFR 424.12(b)). primary source of information should be collection by Heinrich Wawra between Section 4 requires that we designate the listing package for the species. 1869–1870 (Wagner et al. 1999). Acaena critical habitat at the time of listing and Additional information may be obtained exigua was last collected on West Maui based on what we know at the time of from a recovery plan, articles in peer- between April 22–24, 1997; however, no the designation. When we designate reviewed journals, conservation plans individuals were seen in two critical habitat at the time of listing or developed by states and counties, subsequent visits (1998 and 1999) to the under short court-ordered deadlines, we scientific status surveys and studies, only known location (H. Oppenheimer will often not have sufficient and biological assessments or other and S. Perlman, pers. comm. 2000). In information to identify all areas of unpublished materials (i.e., gray addition, this species is not known to be critical habitat. We are required, literature). in storage or under propagation. nevertheless, to make a decision and Habitat is often dynamic, and species Therefore, we believe this species may thus must base our designations on may move from one area to another over be extinct. Under these circumstances,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79218 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules we propose that designation of critical critical habitat designation for habitat limited to, space for individual and habitat for Acaena exigua is not prudent currently occupied by these species population growth, and for normal because such designation would be of would not be likely to change the behavior; food, water, air, light, no benefit to this species. If this species section 7 consultation outcome because minerals, or other nutritional or is rediscovered we may revise this an action that destroys or adversely physiological requirements; cover or proposal to incorporate or address new modifies such critical habitat would shelter; sites for breeding, reproduction, information as new data becomes also be likely to result in jeopardy to the or rearing of offspring, germination, or available. See 16 U.S.C. 1532(5)(B); 50 species, there may be instances where seed dispersal; and habitats that are CFR 424.12(f). section 7 consultation would be protected from disturbance or are Due to low numbers of individuals triggered only if critical habitat were representative of the historic and/or populations and their inherent designated. There may also be some geographical and ecological immobility, the other 37 plants may be educational or informational benefits to distributions of a species. vulnerable to unrestricted collection, the designation of critical habitat. As described above in the discussion vandalism or disturbance. However, Educational benefits include the for each of the 54 species, very little is consistent with applicable regulations notification of landowner(s), land known about the specific physical and (50 CFR 424.12(a)(1)(i)) and the court’s managers, and the general public of the biological requirements of these species. discussion of these regulations, we do importance of protecting the habitat of The recovery plans that have been not find that any of these species are these species and dissemination of published for many of these species currently threatened by taking or other information regarding their essential generally discuss management practices human activity that would be habitat requirements. that are needed for the conservation of exacerbated by the designation of Therefore, we propose that critical these species (e.g., rodent, invasive critical habitat. habitat is prudent for 37 plant species: species, and ungulate control), as In the absence of finding that critical Argyroxiphium sandwicense ssp. oppose to identifying essential areas habitat would increase threats to a macrocephalum, Bidens micrantha ssp. need by the species. As a result, we are species, if there are any benefits to kalealaha, Cenchrus agrimonioides, proposing to define the primary critical habitat designation, then a Clermontia lindseyana, Clermontia constituent elements on the basis of the prudent finding is warranted. The oblongifolia ssp. mauiensis, Colubrina habitat features of the areas in which the potential benefits include: (1) Triggering oppositifolia, Ctenitis squamigera, plant species are currently found, section 7 consultation in new areas Cyanea grimesiana ssp. grimesiana, including the type of plant community where it would not otherwise occur Cyanea lobata, Cyanea mceldowneyi, and their physical location (e.g., steep because, for example, it is or has Cyrtandra munroi, Diellia erecta, rocky cliffs, talus slopes, stream banks) become unoccupied or the occupancy is Diplazium molokaiense, Geranium and elevation. Therefore, the in question; (2) focusing conservation arboreum, Geranium multiflorum, descriptions of the physical elements of activities on the most essential areas; (3) Hedyotis coriacea, Hedyotis mannii, the locations of each of these species providing educational benefits to State Hesperomannia arborescens, and the plant community associated or county governments or private Hesperomannia arbuscula, Hibiscus with the species, as described in the entities; and (4) preventing people from brackenridgei, Ischaemum byrone, Discussion of the Plant Taxa section causing inadvertent harm to the species. Lipochaeta kamolensis, Lysimachia above, constitute the primary In the case of these 37 species, there lydgatei, Mariscus pennatiformis, constituent elements for these species. would be some benefits to critical Melicope adscendens, Melicope balloui, C. Methods for Selection of Areas for habitat. The primary regulatory effect of Melicope mucronulata, Melicope ovalis, Proposed Critical Habitat Designations critical habitat is the section 7 Neraudia sericea, Phlegmariurus requirement that Federal agencies mannii, Phyllostegia mollis, Pteris Critical habitat is defined as the refrain from taking any action that lidgatei, Remya mauiensis, Sanicula specific areas within the geographic area destroys or adversely affects critical purpurea, Schiedea haleakalensis, occupied by the species, at the time it habitat. At least fourteen of these Tetramolopium capillare, and Vigna o- is listed in accordance with the species are reported from federally wahuensis. provisions of section 4 of the Act, on owned lands (Argyroxiphium Prudency determinations have which are found those physical or sandwicense ssp. macrocephalum, previously been made for the other 17 biological features (I) essential to the Bidens micrantha ssp. kalealaha, species discussed in this proposed rule. conservation of the species and (II) Clermontia samuelii, Cyanea copelandii Therefore, a critical habitat designation which may require special management ssp. haleakalaensis, Cyanea hamatiflora is prudent for 54 of the 69 plant species considerations or protection (16 U.S.C. ssp. hamatiflora, Geranium arboreum, historically or currently found on Maui 1532(5)(A)(i)). As discussed above, Geranium multiflorum, Melicope and Kahoolawe. although we have published recovery balloui, Melicope ovalis, Plantago plans for most of these species, very princeps, and Schiedea haleakalaensis) B. Primary Constituent Elements little is known about the specific or lands under Federal jurisdiction In accordance with section 4(b)(2) of physical and biological requirements of (Sesbania tomentosa), or lands subject the Act and regulations at 50 CFR most of these 54 species. However, to federally funded actions such as the 424.12, in determining which areas to given that all of these species are either clearing of military ordinance on propose as critical habitat, we are threatened or endangered with Kahoolawe (Kanaloa kahoolawensis, required to base critical habitat extinction, we feel that all existing sites Sesbania tomentosa, and Vigna o- determinations on the best scientific where these plants occur needs to be wahuensis) (see Table 3), where most and commercial data available and to designated. Therefore, we have defined actions would be subject to section 7. consider those physical and biological primary constituent elements based on While a majority of these species are features that are essential to the the general habitat features of the areas located exclusively on non-Federal conservation of the species and that may in which they currently occur, such as lands with limited Federal activities, require special management the type of plant community the plants there could be Federal actions affecting considerations or protection. Such are growing in, their physical location these lands in the future. While a requirements include, but are not (e.g., steep rocky cliffs, talus slopes,

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79219 stream banks), and elevation. The areas successful. We will continue to support the proposed critical habitat we are proposing to designate as critical experimental efforts to reintroduce designations in this proposed rule do habitat provide some or all of the habitat species that may eventually provide us not include all of the habitat, in components essential for the with additional information on the particular unoccupied habitat, conservation of the 54 plant species. physical and biological features identified by the HPPRCC. Critical habitat may also include areas essential to the conservation of these For these 54 plant species from Maui outside the geographic area presently species, and thus, may eventually result and Kahoolawe, currently occupied occupied by a species upon a in identification of unoccupied habitat habitat was examined and critical determination that such areas are for future revisions of the appropriate habitat boundaries were delineated as essential to the conservation of the designations. multi-species units in such a way that species (16 U.S.C. 1532(5)(A)(ii)). This As required by the Act and locations with a high density of may include, for example, potentially regulations (section 4(b)(2) and 50 CFR endangered plants could be depicted suitable unoccupied habitat that is 424.12), we used the best scientific clearly. However, these multi-species important to the recovery of the species. information available to determine areas critical habitat units were not However, we have not included such that contain those physical and homogenous or uniform in nature. areas in the proposed designations for biological features that are essential for Critical habitat units often encompassed these 54 species because of our limited the survival and recovery of the 54 plant a number of plant community types. knowledge of the historical range (the species. This information included site- When developing critical habitat geographical area outside the area specific species information from the units, every current (post-1970) location presently occupied by the species), and Hawaii Natural Heritage Program of every plant specimen was delineated our lack of more detailed information on (HINHP) and our rare plant database, within a 586 m (1,924 ft) radius circle, the specific physical or biological species information from the Center for in order to insure enough area to features essential for the conservation of Plant Conservation’s (CPC) rare plant provide for the proper ecological the species that would be needed, for monitoring database housed at the functioning of the habitat immediately instance, to determine where to University of Hawaii’s Lyon Arboretum, supporting the plant. Due to reintroduce a species. recent biological surveys and reports, inaccuracies in mapping locations, it The historical (pre-1970) or even post- our recovery plans for 48 of these 54 has been determined that the actual 1970 records for a species may be based species, discussions with botanical location of the plant specimen is within on herbarium specimens that contain experts, and recommendations (see 536 m (1,760 ft) of the center of the only the most rudimentary collection below) from the Hawaii and Pacific delineated circle. The 536 m (1,760 ft) information, such as only the name of Plant Recovery Coordinating Committee distance is consistent with standard the island from which the specimen was (HPPRCC) (USFWS 1995a, 1995b, mapping methodology for rare species collected or a general place name (e.g., 1995c, 1996, 1997, 1998a, 1998b, 1999; used by the HINHP (1996). An west Maui, Haleakala, above Lahaina). HPPRCC 1998; HINHP Database 2000; S. additional 50 m (164 ft) included in the In the main Hawaiian Islands, climatic Perlman, pers. comm. 2000; R. Hobdy, delineated circle to be consistent with and ecological conditions such as pers. comm. 2000; CPC in litt. 1999). the guidelines identified in the recovery rainfall, elevation, slope, and aspect, In 1994, the HPPRCC initiated an plans for these species for minimum- may vary dramatically within a effort to identify and map habitat sized exclosures for rare plants (USFWS relatively short distance. Therefore, a believed to be important for the 1994, 1995, 1996, 1998a, 1998b, 1999). simple place name does not provide recovery of 282 endangered and In cases of isolated species’ locations, an adequate information on the physical threatened Hawaiian plant species. The area with a radius of roughly 586 m and biological features that may have HPPRCC identified these areas on most (1,924 ft) is proposed as critical habitat occurred there or may occur there now. of the islands in the Hawaiian chain, (HINHP 1996; USFWS 1994, 1995, 1996, The unpredictable distribution of and in 1999, we published them in our 1998a, 1998b, 1999). Hawaiian plant species also makes it Recovery Plan for the Multi-Island In areas with multiple species difficult to designate potentially suitable Plants (USFWS 1999). The HPPRCC locations, critical habitat units were unoccupied habitat. For example, expects there will be subsequent efforts developed as follows. currently a species may be known from to further refine the locations of • Known current locations of each northern and southern (or eastern and important habitat areas and that new species were delineated using the western) locations on an island, but not survey information or research findings guidelines explained above (Figure from intervening locations in similar may also lead to additional refinements 1(a)). habitat. Based on the best available (HPPRCC 1998). Because the HPPRCC • The perimeter boundaries of information, we are unable to determine identified essential habitat areas for all individual circular areas were whether a species once occurred in the listed, proposed, and candidate plant connected to form unit area boundaries intervening areas and disappeared from species and evaluated species of (Figure 1(b)). there prior to Polynesian or European concern to determine if essential habitat • Unit area boundaries were times (thus never having been collected areas would provide for their habitat delineated to follow significant or documented there) or simply never needs as well, the HPPRCC’s mapping of topographic features (50 CFR 424.12(c)) occurred there. habitat is distinct from the regulatory such as coastlines, ridgelines, and The Service considers reintroduction designation of critical habitat, as valleys (Figure 1(c)). (the planting of propagated individuals defined by the Act. While these habitat This delineation method was used to or seedlings into an area) to be an maps are a planning tool to focus facilitate identification of boundary acceptable method to try to achieve conservation efforts on the areas that lines and to aid in implementation of plant species recovery. However, native may be most important to the on-the-ground conservation measures. plant reintroductions are difficult, and conservation of Hawaii’s listed plant When delineating critical habitat units, successful efforts are not common. We species, as well as other plant species of we made an effort to avoid developed do not know enough about these 54 concern, it does not substitute for the areas such as towns, agricultural lands, species to identify areas where more exacting regulatory process of and other lands unlikely to contribute to reintroductions are likely to be designating critical habitat. Therefore, the conservation of the 54 species.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79220 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Existing features and structures within proposed areas, such as buildings, roads, aqueducts, telecommunications equipment, arboreta and gardens, heiaus (indigenous place of worship, shrine), and other man-made features, do not contain, and are not likely to develop, constituent elements. Therefore, these features or structures would not be included in the critical habitat designation.

All currently occupied sites containing one or more of the primary constituent elements were first evaluated to determine if the site was essential to the conservation of the listed plant species. If the site was considered essential to the conservation of any of these 54 plant species, the site was then examined to determine if additional special management considerations or protection is required above those currently provided. We reviewed all available management information on these plants at these sites, including published reports and surveys; annual performance and progress reports; management plans; grants; memoranda of understanding and cooperative agreements; State of Hawaii, Division of Forestry and Wildlife (DOFAW) planning documents; internal letters and memos; biological assessments and environmental impact statements; and section 7 consultations. Additionally, each public (i.e., county, state, or Federal government holdings) and private landowner on Maui and Kahoolawe with a known occurrence of one of the 54 species was contacted by mail. We reviewed all information received during the public comment period held in response to our landowner mailing and open houses held on Maui on January 11 and 12, 2000. When clarification was required

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79221 on the information provided to us, we 1995, 1996a, 1996b, 1997, 1998, 1999; • Maintenance of genetic material of followed up with a telephone contact. Loope in Mack et al. 1998). Ungulate the endangered and threatened plant Lastly, because of the large amount of activity in most areas results in an species; land on Maui under State of Hawaii increase of nonnative plants because • Propagation; reintroduction and/or jurisdiction, we met with staff from the most of these nonnative plants are able augmentation of existing populations Maui DOFAW office to discuss their to colonize newly disturbed areas more into areas deemed essential for the current management for the plants on quickly and effectively than Hawaii’s recovery of the species; their lands. In addition, we contacted native plants (Cuddihy and Stone 1990; • Ongoing management of the wild, the State’s Department of Hawaiian Mack 1992; Scott et al. 1986; Smith outplanted and augmented populations; • Home Lands regarding management for 1985; Tunison et al. 1992; USFWS 1995, Maintenance of natural pollinators the plants on lands under their 1996a, 1996b, 1997, 1998, 1999). and pollinating systems, when known; • jurisdiction. • The recommendations from the Habitat management and restoration Pursuant to the definition of critical HPPRCC in their 1998 report to the in areas deemed essential for the habitat, an area must also require recovery of the species; Service (‘‘Habitat Essential to the • ‘‘special management considerations or Recovery of Hawaiian Plants’’). As Monitoring of the wild, outplanted protections.’’ This is a term that and augmented populations; summarized in this report, recovery • originates in the definition of critical Rare plant surveys; and goals for endangered Hawaiian plant • Control of human activities/access. habitat in section 3 of the Act. Adequate species cannot be achieved with special management or protection is As shown in Table 3, these 54 species ungulates (e.g., pigs, goats, deer, and of plants occur on Federal, State, and provided by a legally operative plan that ) present in Essential Habitat addresses the maintenance and private lands on the islands of Maui and Areas. Kahoolawe. In response to our two improvement of the essential elements • The management actions needed for public notices, letters to the and manages for the long-term assurance of survival and ultimate conservation of the species. The Service landowners, open houses, and meetings, recovery of Hawaii’s endangered plants. along with information in our files, we considers a plan adequate when it meets These actions are described in the all of the following three criteria: (1) received varying amounts and various Service’s recovery plans for 48 of the 54 types of information on the conservation The plan provides a conservation species (USFWS 1995a, 1995b, 1995c, benefit to the species (i.e., the plan must management actions occurring on these 1996, 1997, 1998a, 1998b, 1999), in the lands. Some landowners reported that maintain or provide for an increase in 1998 HPPRCC report to the Service the species’ population or the they are not conducting conservation (HPPRCC 1998), and in various other management actions on their lands enhancement or restoration of its habitat documents and publications relating to within the area covered by the plan); (2) while others provided information on plant conservation in Hawaii (Mueller- various activities such as fencing, the plan provides assurances that the Dombois 1985; Smith 1985; Stone 1985; management plan will be implemented weeding, ungulate control, control of Cuddihy and Stone 1990; Stone et al. (i.e., those responsible for implementing human access, scientific research, fire 1992). In addition to monitoring the the plan are capable of accomplishing control, and propagation and/or plant populations, these actions the objectives, have an implementation planting of native plants. include, but are not limited to: (1) Feral schedule and/or have adequate funding Contractors for the U.S. Navy are ungulate control; (2) nonnative plant for the management plan); and (3) the clearing the state-owned island of control; (3) rodent control; (4) plan provides assurances the Kahoolawe of military ordinance invertebrate pest control; (5) fire control; conservation plan will be effective (i.e., utilizing Congressional funding that (6) maintenance of genetic material of it identifies biological goals, has expires in 2003. The Navy has consulted the endangered and threatened plants provisions for reporting progress, and is with the Service under section 7 of the of a duration sufficient to implement the species; (7) propagation, reintroduction, Endangered Species Act, as amended, to plan and achieves the plan’s goals and and/or augmentation of existing ensure protection of threatened and objectives). If an area is covered by a populations into areas deemed essential endangered species during the clearance plan that meets these criteria, it does not for the recovery of these species; (8) activities. In June 1998, the State of constitute critical habitat as defined by ongoing management of the wild, Hawaii Kahoolawe Island Reserve the Act. outplanted, and augmented populations; Commission developed an In determining and weighing the and (9) habitat management and environmental restoration plan for relative significance of the threats that restoration in areas deemed essential for Kahoolawe (Social Science Research would need to be addressed in the recovery of these species. Institute, University of Hawaii 1998). management plans or agreements, we In general, taking all of the above The plan, however, does not address considered the following: recommended management actions into specific management actions to protect • The factors that led to the listing of account, the following management and conserve endangered plant species. the species, as described in the final actions are ranked in order of While the island is isolated and remote, rules for listing each of the species. For importance. It should be noted, and access is restricted due to the all or nearly all endangered and however, that, on a case-by-case basis, presence of unexploded ordnance threatened plants in Hawaii, the major some of these actions may rise to a hazards, this action alone is not threats include adverse impacts due to higher level of importance for a sufficient to indicate that additional nonnative plant and animal species. particular species or area, depending on special management is not required for Direct browsing, digging, and trampling the biological and physical the listed plant species, and areas on the by ungulates, including pigs, goats, requirements of the species and the island are included within the proposed cattle, sheep, and deer, and direct location(s) of the individual plants: critical habitat units for Kanaloa competition from nonnative plants have • Feral ungulate control; kahoolawensis, Sesbania tomentosa, led to the decline of Hawaii’s native • Nonnative plant control; and Vigna o-wahuensis. flora (Smith 1985; Stone 1985; Wagner • Rodent control; Protective fencing and monitoring of et al. 1985; Scott et al. 1986; Cuddihy • Invertebrate pest control; the endangered plant Sesbania and Stone 1990; Vitousek 1992; USFWS • Fire control; tomentosa on the leased U.S. military

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79222 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules lands (Hawaii Army National Guard) at determined that the Federal lands which are placed in a Natural Area Kanaio Training Area, Maui, were within Haleakala National Park do not Reserve Fund. Participants in the NAP initially funded in 1998. Since then, meet the definition of critical habitat in program must provide annual reports to however, these management activities the Act, and we are not proposing the Department of Land and Natural for Sesbania tomentosa have been designation of these lands as critical Resources (DLNR) and DLNR makes curtailed due to a lack of funding (Lt. habitat. annual inspections of the work in the Col. Richard Young, Hawaii Army Twelve species (Alectryon reserve areas. See Haw. Rev. National Guard, in litt. 2000). Therefore, macrococcus, Argyroxiphium Stat.§§ 195–1—195–11; Hawaii this area has been included within the sandwicense ssp. macrocephalum, Administrative Rules § 13–210. proposed critical habitat units. Bonamia menziesii, Colubrina Management programs within the Eleven species (Argyroxiphium oppositifolia, Ctenitis squamigera, preserves are documented in long-range sandwicense ssp. macrocephalum, Diplazium molokaiense, Geranium management plans and yearly Bidens micrantha ssp. kalealaha, arboreum, Geranium multiflorum, operational plans. These plans detail Clermontia samuelii, Cyanea copelandii Melicope balloui, Plantago princeps, management measures that protect, ssp. haleakalaensis, Cyanea hamatiflora Platanthera holochila, and Sanicula restore, and enhance the rare plants and ssp. hamatiflora, Geranium arboreum, purpurea) are reported from The Nature their habitats within the preserves and Geranium multiflorum, Melicope Conservancy’s Waikamoi and in adjacent areas (TNCH 1997, 1998, balloui, Melicope ovalis, Plantago Kapunakea Preserves which are located 1999). These management measures princeps, and Schiedea haleakalaensis) on the northeast slopes of Haleakala and address factors which led to the listing are reported from U.S. National Park in the West Maui mountains, of the 12 species including control of lands at Haleakala National Park, Maui respectively (The Nature Conservancy of nonnative species of ungulates, rodents, (GDSI 2000; HINHP 2000). Two of these Hawaii (TNCH) 1997, 1998; GDSI 2000; and weeds. In addition, habitat species, Melicope ovalis and Schiedea HINHP Database 2000). Both preserves restoration and monitoring are also haleakalaensis, are currently only found were established by grants of perpetual included in these plans. in Haleakala National Park. conservation easements from the private The primary management goals for Haleakala National Park was landowners to TNCH and are included both Kapunakea and Waikamoi established by Congress in 1916 as the in the state’s Natural Area Partnership Preserves are to (1) prevent degradation Haleakala Section of Hawaii National (NAP) program which provides of native forest by reducing feral Park. In 1960, an Act of Congress matching funds for the management of ungulate damage; (2) improve or established Haleakala as an independent private lands that have been maintain the integrity of native unit of the National Park System to permanently dedicated to conservation ecosystems in selected areas of the preserve for visitor enjoyment and (TNCH 1997, 1998). preserve by reducing the effects of scientific study the outstanding scenic, Under the NAP program, the State of nonnative plants; (3) increase the geological, and biological resources and Hawaii provides matching funds on a understanding of threats posed by small the natural environment of Haleakala two-for-one basis for management of mammals and reduce their negative Crater (Resources Management Division private lands dedicated to conservation. impact, where possible; (4) prevent 1999). Management programs, In order to qualify for this program, the extinction of rare species in the objectives, and their implementation land must be dedicated in perpetuity preserve; (5) track the biological and schedules are documented in the Park’s through transfer of fee title or a physical resources in the preserves and 1999 draft Resources Management Plan conservation easement to the State or a to evaluate changes in these resources (Resources Management Division 1999). cooperating entity. The land must be over time; (6) identify new threats to the This plan details the management issues managed by the cooperating entity or a preserves before they become and strategies used by the Park to qualified landowner according to a established pests; and (7) build public protect, restore, and enhance the rare detailed management plan approved by understanding and support for the and native plants and their habitats the Board of Land and Natural preservation of natural areas, and to within the park (Resources Management Resources. Once approved, the six-year enlist volunteer assistance for preserve Division 1999). These management partnership agreement between the management (TNCH 1997, 1998). strategies address factors which led to State and the managing entity is The goal of the ungulate program is to the listing of the 11 species including automatically renewed each year so that bring pig populations to zero as rapidly control of, or research on, nonnative there are always six years remaining in as possible. Specific management species of ungulates, rodents, the term, although the management plan actions to address feral ungulate invertebrates, and weeds. Management is updated and funding amounts are re- impacts include the construction of strategies for control of fire within the authorized by the board at least every fences, including strategic fencing Park are outlined in their fire six years. By April 1 of any year, the (fences placed in proximity to natural management plan (Resources managing partner may notify the state barriers such as cliffs), annual Management Division 1999). In that it does not intend to renew the monitoring of ungulate presence addition, habitat restoration, including agreement; however, in such case the transects, and trained staff and propagation and outplanting of native partnership agreement remains in effect volunteer hunting. Since axis deer may and endangered plants, and monitoring for the balance of the existing six year also pose a threat to the preserves, are also included in this plan. Because term, and the conservation easement TNCH is a member of the Maui Axis the Resources Management Plan and the remains in full effect in perpetuity. The Deer Group (MADG) and staff meet park’s fire management plan provides conservation easement may be revoked regularly with other MADG members to conservation benefits to the listed by the landowner only if state funding seek solutions. In Waikamoi Preserve, species within the park and provides is terminated without the concurrence the management actions also include assurances that the plan will be effective of the landowner and cooperating working with community hunters in and will continue to be implemented, entity. Prior to terminating funding, the conjunction with the East Maui these lands are not in need of special State must conduct one or more public Watershed Partnership (EMWP). In management considerations or hearings. The NAP program is funded Kapunakea Preserve, a system of protection. Therefore, we have through real estate conveyance taxes transects extend the length of the

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79223 preserve to monitor resource threats, Kapunakea Preserve is adjacent to two (GDSI 2000; HINHP Database 2000; including ungulate presence. By areas that are also managed to protect Maui Land and Pineapple Co., Ltd. monitoring ungulate activity within the natural resources: Puu Kukui Watershed undated). At just over 8,600 acres, the preserve, the staff is able to assess the Management Area (WMA) and the Puu Kukui WMA is the largest success of the hunting program. If Honokawai section of the state West privately-owned preserve in the State. increased hunting pressure does not Maui NAR. The Conservancy currently In 1993, the Puu Kukui WMA became reduce feral ungulate activity in the acts as a consultant to Maui Land and the first private landowner participant preserves, the preserve staff work with Pineapple Co., managers of Puu Kukui in the Natural Areas Partnership the hunting group to identify and WMA, and has a Master Cooperative program. In the sixth fiscal year (1999) implement alternative methods (TNCH Agreement with the state DOFAW. of the Natural Area Partnership program 1997, 1998). These agreements are used to coordinate with the Hawaii Department of Land The nonnative plant control program management and sharing of staff and and Natural Resources, Puu Kukui within both preserves focuses on equipment, and expertise to maximize Watershed Management Area staff is controlling habitat modifying nonnative management efficiency. pursuing four management programs plants (weeds) in intact native Waikamoi Preserve is adjacent to stipulated in their Long Range communities and preventing the three other large areas that are also Management Plan with an emphasis on introduction of additional alien plants. managed to protect natural resources: reducing nonnative species that Based on the degree of threat to native Haleakala National Park, the state’s immediately threaten the management ecosystems, a weed priority list has Koolau Forest Reserve, and the state area (Maui Pineapple Company 1999). been compiled for the preserves, and Hanawi NAR. An agreement between The primary management goals control and monitoring of the highest the Division of Land and Natural within Puu Kukui WMA are to (1) priority species are on-going. Weeds are Resources (DLNR), East Maui Irrigation eliminate ungulate activity in all Puu controlled manually, chemically, or a Co., Keola Hana Maui Inc., Haleakala Kukui management units; (2) reduce the through a combination of both. Ranch Company, County of Maui, The range of habitat-modifying weeds and Preventative measures (prevention Nature Conservancy, and Haleakala prevent introduction of nonnative protocol) are required by all (volunteers, National Park implementing a joint plants; (3) reduce the negative impacts riders, and hiking participants) who management plan (East Maui Watershed of nonnative invertebrates and small enter the preserves. This protocol Partnership Plan) for the entire East animals; (4) monitor and track biological includes such things as brushing Maui Watershed. Management efforts at and physical resources in the watershed footgear before entering the preserves to Waikamoi will, as much as possible, in order to improve management remove seeds of nonnative plants. complement the objectives of the plan. understanding of the watershed’s The partnership agreement will be used Weeds are monitored along transects resources; and (5) prevent the extinction to coordinate management and sharing annually, weed priority maps are of rare species within the watershed. of staff and equipment, and expertise to maintained, staff participate as members Specific management actions to maximize management efficiency of the Melastome Action Committee and address feral ungulates include the (TNCH 1998). the Maui Invasive Species Committee Because the preserves and the construction of fences surrounding 10 (MISC), and cooperate with the Division continuing management plans being management units, and allowing public of Conservation and Resources implemented for these plants and their hunting with State permit holders Enforcement (DOCARE) in marijuana habitats within the preserves provided a within the Puu Kukui WMA. control, as needed. conservation benefit to the species and The nonnative plant control program The effects of nonnative invertebrates are permanently protected and within Puu Kukui WMA focuses on and small mammals on native Hawaiian managed, these lands meet the three habitat modifying nonnative plants ecosystems is poorly understood. Initial criteria for determining that an area is (weeds), prioritizing them according to control measures such as anti-coagulant not in need of special management. the degree of threat to native diphacinone bait stations are being used Therefore, we have determined that the ecosystems, and preventing the to control rats in areas of suspected private lands within Waikamoi Preserve introduction of new weeds. The weed impact; however, valid conclusions and Kapunakea Preserve do not meet control program includes mapping and from data gathered have not been the definition of critical habitat in the monitoring along established transects, drawn. Adaptive management will be Act, and we are not proposing and manual/mechanical control. applied when new information becomes designation of these lands as critical Biological control of the melastome available (TNCH 1997, 1998). habitat. Should the status of any of these plant, Clidemia hirta was tried by Natural resource monitoring and reserves change, for example by non- releasing Antiblemma acclinalis moth research address the need to track the renewal of a partnership agreement or larvae. biological and physical resources of the termination of NAP funding, we will Natural resource monitoring and preserves and evaluate changes in these reconsider whether it then meets the research address the need to track resources to guide management definition of critical habitat. If so, we biological and physical resources of the programs. Vegetation is monitored have the authority to propose to amend Puu Kukui WMA and evaluate changes throughout the preserves to document critical habitat to include such area at to these resources in order to guide long term ecological changes, and rare that time. 50 CFR 424.12(g). management programs. Vegetation is plant species are monitored to assess Seven species (Ctenitis squamigera, monitored through permanent photo population status. Cuttings of Clermontia oblongifolia ssp. mauiensis, points, alien species are monitored endangered plants are taken to the Cyanea lobata, Hesperomannia along permanent transects, and rare, University of Hawaii’s tissue culture lab arbuscula, Phlegmariurus mannii, Pteris endemic, and indigenous species are at Lyon Arboretum for propagation. In lidgatei, and Sanicula purpurea) are monitored. Additionally, logistical and addition, the preserve staff provides reported from the Maui Pineapple other support for approved research logistical support to scientists and Company’s Puu Kukui Watershed projects, interagency cooperative others who are conducting research Management Area (Puu Kukui WMA), agreements, remote survey trips within within the preserves. located in the West Maui mountains the watershed are provided.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79224 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

The management of Puu Kukui WMA Unit. Since the removal of pigs in these proposed for these four species. meets the three criteria for determining upper forest units of the HNAR, However, we are specifically soliciting that an area is not in need of special vegetation monitoring has been comments on the appropriateness of this management (see above). Therefore, we implemented to determine recovery of approach. have determined that the private land native plant species. Currently, a fence As described above, we are aware that within Puu Kukui WMA does not meet is being constructed along the 1,100 m other private landowners and the State the definition of critical habitat in the (3,600 ft) contour of the HNAR which of Hawaii are considering the Act, and we are not proposing will comprise the ‘‘middle forest unit’’ development of land management plans designation of this land as critical (B. Evanson, pers. comm. 1999). or agreements that may promote the habitat. Should the status of this reserve The nonnative plant control program conservation and recovery of change, for example by non-renewal of within HNAR focuses on habitat endangered and threatened plant a partnership agreement or termination modifying nonnative plants (weeds). A species on the islands of Maui and of NAP funding, we will reconsider weed priority list has been compiled for whether it then meets the definition of HNAR and control and monitoring of Kahoolawe. The Service supports these critical habitat. If so, we have the the highest priority species are on going. efforts and provides technical assistance authority to propose to amend critical Weeds are controlled manually, whenever possible. In addition, we are habitat to include such area at that time. chemically, or through a combination of soliciting comments in this proposed 50 CFR 424.12(g). both. Monitoring transects will help rule on whether current land Two plant species, Geranium locate developing populations of other management plans or practices applied multiflorum and Clermontia samuelii priority weed species and, if necessary, within the areas proposed as critical ssp. hanaensis, are reported from the removal of these populations will be habitat adequately address the threats to upper areas of Hanawi Natural Area conducted (DLNR 1989). these listed species. We are also Reserve (HNAR) (GDSI 2000; HINHP Because these plants and their soliciting comments on whether future Database 2000). The HNAR was habitats within the upper areas of development and approval of established in 1986, and comprises Hanawi NAR (above 1,525 m (5,000 ft)) conservation measures (e.g., 7,500 acres of diverse native ecosystems are permanently protected and managed Conservation Agreements, Safe Harbor and endangered forest bird habitats. and because the continued successful Agreements) should trigger revision of Natural Area Reserves are managed by management of this area is assured, this proposed critical habitat to exclude the Department of Land and Natural area is not in need of special such lands and, if so, by what Resources (DLNR), except that any use management considerations or mechanism. must be specifically approved by the protection. Therefore, we have In summary, the proposed critical Natural Area Reserve System determined that the State land within habitat areas described below constitute Commission. Natural Area Reserves are the upper areas of Hanawi NAR does our best assessment of the physical and held in trust by the State and may not not meet the definition of critical habitat biological features needed for the be alienated except upon a finding by in the Act, and we are not proposing conservation of the 50 plant species, the DLNR of an imperative and designation of this area as critical and are based on the best scientific and habitat. Should the status of this reserve unavoidable necessity. DLNR must commercial information available and change, for example by revocation or provide public notice and conduct described above. We put forward this modification of the NAR, we will public hearings before revoking or proposal acknowledging that we have modifying an executive order that sets reconsider whether it then meets the incomplete information regarding many aside lands for the reserve system (Haw. definition of critical habitat. If so, we of the primary biological and physical Rev. Stat. §§ 195–1—195–11). The have the authority to propose to amend requirements for these species. primary goals of the HNAR are to (1) critical habitat to include such area at However, both the Act and the relevant protect the upper areas of the reserve by that time. 50 CFR 424.12(g). court orders require us to proceed with fencing smaller manageable units to In summary, we believe that the designation at this time based on the restrict pig movements; (2) prevent habitat within Waikamoi and best information available. As new degradation of native forest by reducing Kapunakea Preserves, Puu Kukui information accrues, we may reevaluate feral ungulate damage; and (3) improve Watershed Management Area, the upper or maintain the integrity of native area (above 1,525 m (5,000 ft)) of which areas warrant critical habitat ecosystems in selected areas of the Hanawi Natural Area Reserve, and designation. We anticipate that preserve by reducing the effects of Haleakala National Park are being comments received through the public nonnative plants. adequately managed for the review process and from any public Specific management actions to conservation of the listed species that hearings, if requested, will provide us address feral ungulate impacts include occur within these areas and are not in with additional information to use in the construction of fences, including need of special management our decision-making process and in strategic fencing of smaller manageable considerations or protection. Therefore, assessing the potential impacts of units, and staff hunting. Currently, the we have determined that these lands do designating critical habitat for one or upper 2,000 acres has been fenced and not meet the definition of critical habitat more of these species. pigs removed. Fences are constructed in the Act, and we are not proposing The approximate areas of proposed along the western boundaries of the designation of these lands as critical critical habitat by landownership are HNAR, along the 1,585 m (5,200 ft) habitat. Four species include in this shown in Tables 5(a) and 5(b). Proposed contour to the east up to the Haleakala proposed rule (Argyroxiphium critical habitat includes habitat for 50 National Park boundary on state land. sandwicense ssp. macrocephalum, species predominantly in the upland The Haleakala National Park fence Melicope balloui, Melicope ovalis, and areas on the eastern and western sides serves as the upper fence boundary for Schiedea haleakalensis) are currently of Maui. Lands proposed as critical HNAR. Additionally, fences have been only found in Waikamoi Preserve and/ habitat have been divided into 52 units constructed to separate three distinct or Haleakala National Park. Since these on Maui and four units on Kahoolawe. management units: Puu Alaea Unit, two areas are not in need of special A brief description of each unit is Poouli Unit, and Kuhiwai/Waieleele management, critical habitat is not presented below.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79225

TABLE 5(A).ÐAPPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, MAUI, MAUI COUNTY, HAWAII

Unit name County or state Private Federal Total

Maui A ...... 2 ha ...... 47 ha ...... N/A ...... 49 ha (5 ac) ...... (116 ac) ...... N/A ...... (121 ac) Maui B ...... 21 ha ...... 46 ha ...... N/A ...... 67 ha (52 ac) ...... (114 ac) ...... N/A ...... (166 ac) Maui C ...... 144 ha ...... 0.1 ha ...... N/A ...... 144.1 ha (357 ac) ...... (0.3 ac) ...... N/A ...... (357.3 ac) Maui D ...... 36 ha ...... 9 ha ...... N/A ...... 45 ha (90 ac) ...... (21 ac) ...... N/A ...... (111 ac) Maui E ...... 34 ha ...... 45 ha ...... N/A ...... 79 ha (83 ac) ...... (111 ac) ...... N/A ...... (194 ac) Maui F ...... N/A ...... 61 ha ...... N/A ...... 61 ha N/A ...... (150 ac) ...... N/A ...... (150 ac) Maui G ...... 1 ha ...... N/A ...... N/A ...... 1 ha (2 ac) ...... N/A ...... N/A ...... (2 ac) Maui H ...... 1 ha ...... 41 ha ...... N/A ...... 42 ha (2 ac) ...... (102 ac) ...... N/A ...... (104 ac) Maui I ...... 0.1 ha ...... N/A ...... N/A ...... 0.1 ha (0.3 ac) ...... N/A ...... N/A ...... (0.3 ac) Maui J ...... 19 ha ...... 44 ha ...... N/A ...... 63 ha (48 ac) ...... (109 ac) ...... N/A ...... (157 ac) Maui K ...... N/A ...... 61 ha ...... N/A ...... 61 ha N/A ...... (150 ac) ...... N/A ...... (150 ac) Maui L ...... 50 ha ...... N/A ...... N/A ...... 50 ha (124 ac) ...... N/A ...... N/A ...... (124 ac) Maui M ...... 0.3 ha ...... 14 ha ...... N/A ...... 14.3 ha (0.7 ac) ...... (35 ac) ...... N/A ...... (35.7 ac) Maui N ...... 114 ha ...... 1 ha ...... N/A ...... 115 ha (282 ac) ...... (2 ac) ...... N/A ...... (284 ac) Maui O ...... 278 ha ...... N/A ...... N/A ...... 278 ha (688 ac) ...... N/A ...... N/A ...... (688 ac) Maui P ...... 58 ha ...... N/A ...... N/A ...... 58 ha (144 ac) ...... N/A ...... N/A ...... (144 ac) Maui Q ...... 759 ha ...... 1,579 ha ...... N/A ...... 2,338 ha (1,880 ac) ...... (3,911 ac) ...... N/A ...... (5,791 ac) Maui R ...... 0.1 ha ...... 299 ha ...... N/A ...... 299.1 ha (0.3 ac) ...... (740 ac) ...... N/A ...... (740.3 ac) Maui S ...... 109 ha ...... 34 ha ...... N/A ...... 143 ha (270 ac) ...... (84 ac) ...... N/A ...... (354 ac) Maui T ...... 391 ha ...... 189 ha ...... N/A ...... 580 ha (968 ac) ...... (468 ac) ...... N/A ...... (1,436 ac) Maui U ...... 104 ha ...... 16 ha ...... N/A ...... 120 ha (258 ac) ...... (40 ac) ...... N/A ...... (298 ac) Maui V ...... N/A ...... 103 ha ...... N/A ...... 103 ha N/A ...... (255 ac) ...... N/A ...... (255 ac) Maui W ...... 67 ha ...... 2 ha ...... N/A ...... 69 ha (167 ac) ...... (5 ac) ...... N/A ...... (172 ac) Maui X ...... 197 ha ...... 7 ha ...... N/A ...... 204 ha (488 ac) ...... (17 ac) ...... N/A ...... (505 ac) Maui Y ...... 107 ha ...... 9 ha ...... N/A ...... 116 ha (265 ac) ...... (22 ac) ...... N/A ...... (287 ac) Maui Z ...... 60 ha ...... 55 ha ...... N/A ...... 115 ha (148 ac) ...... (136 ac) ...... N/A ...... (284 ac) Maui Aa ...... 74 ha ...... 0.3 ha ...... N/A ...... 74.3 ha (183 ac) ...... (0.7 ac) ...... N/A ...... (183.7 ac) Maui Bb ...... 12 ha ...... 340 ha ...... N/A ...... 352 ha (30 ac) ...... (842 ac) ...... N/A ...... (872 ac) Maui Cc ...... N/A ...... 117 ha ...... N/A ...... 117 ha N/A ...... (290 ac) ...... N/A ...... (290 ac) Maui Dd ...... N/A ...... 213 ha ...... N/A ...... 213 ha N/A ...... (528 ac) ...... N/A ...... (528 ac) Maui Ee ...... 130 ha ...... 58 ha ...... N/A ...... 188 ha (322 ac) ...... (144 ac) ...... N/A ...... (466 ac) Maui Ff ...... 119 ha ...... N/A ...... N/A ...... 119 ha (295 ac) ...... N/A ...... N/A ...... (295 ac) Maui Gg ...... 177 ha ...... N/A ...... N/A ...... 177 ha (438 ac) ...... N/A ...... N/A ...... (438 ac) Maui Hh ...... 117 ha ...... N/A ...... N/A ...... 117 ha (290 ac) ...... N/A ...... N/A ...... (290 ac) Maui Ii ...... 879 ha ...... N/A ...... N/A ...... 879 ha (2,177 ac) ...... N/A ...... N/A ...... (2,177 ac) Maui Jj ...... 93 ha ...... N/A ...... N/A ...... 93 ha

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79226 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

TABLE 5(A).ÐAPPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, MAUI, MAUI COUNTY, HAWAIIÐContinued

Unit name County or state Private Federal Total

(230 ac) ...... N/A ...... N/A ...... (230 ac) Maui Kk ...... 144 ha ...... N/A ...... N/A ...... 144 ha (357 ac) ...... N/A ...... N/A ...... (357 ac) Maui Ll ...... N/A ...... 45 ha ...... N/A ...... 45 ha N/A ...... (111 ac) ...... N/A ...... (111 ac) Maui Mm ...... 133 ha ...... 34 ha ...... N/A ...... 167 ha (329 ac) ...... (84 ac) ...... N/A ...... (413 ac) Maui Nn ...... 510 ha ...... 182 ha ...... N/A ...... 692 ha (1,263 ac) ...... (451 ac) ...... N/A ...... (1,714 ac) Maui Oo ...... 116 ha ...... N/A ...... N/A ...... 116 ha (287 ac) ...... N/A ...... N/A ...... (287 ac) Maui Pp ...... 82 ha ...... 31 ha ...... N/A ...... 113 ha (203 ac) ...... (77 ac) ...... N/A ...... (280 ac) Maui Qq ...... 973 ha ...... N/A ...... N/A ...... 973 ha (2,410 ac) ...... N/A ...... N/A ...... (2,410 ac) Maui Rr ...... 104 ha ...... 11 ha ...... N/A ...... 115 ha (258 ac) ...... (27 ac) ...... N/A ...... (285 ac) Maui Ss ...... 1,014 ha ...... 910 ha ...... N/A ...... 1,924 ha (2,512 ac) ...... (2,254 ac) ...... N/A ...... (4,766 ac) Maui Tt ...... 103 ha ...... 11 ha ...... N/A ...... 114 ha (255 ac) ...... (27 ac) ...... N/A ...... (282 ac) Maui Uu ...... 79 ha ...... 42 ha ...... N/A ...... 121 ha (196 ac) ...... (104 ac) ...... N/A ...... (300 ac) Maui Vv ...... 76 ha ...... 1 ha ...... N/A ...... 77 ha (188 ac) ...... (2 ac) ...... N/A ...... (190 ac) Maui Ww ...... 133 ha ...... N/A ...... N/A ...... 133 ha (329 ac) ...... N/A ...... N/A ...... (329 ac) Maui Xx ...... 4 ha ...... 56 ha ...... N/A ...... 60 ha (10 ac) ...... (139 ac) ...... N/A ...... (149 ac) Maui Yy ...... 29 ha ...... 1,089 ha ...... N/A ...... 1,118 ha (72 ac) ...... (2,697 ac) ...... N/A ...... (2,769 ac) Maui Zz ...... 118 ha ...... N/A ...... N/A ...... 118 ha (292 ac) ...... N/A ...... N/A ...... (292 ac)

Total ...... 7,771.5 ha ...... 5,802.4 ha ...... N/A ...... 13,573.9 ha (19,248.3 ac) ...... (14,366.0 ac) ...... N/A ...... (33,614.3 ac)

TABLE 5 (B).ÐAPPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, KAHOOLAWE, MAUI COUNTY, HAWAII

Unit name County or state Private Federal Total

Kahoolawe B ...... 38 ha ...... N/A ...... N/A ...... 38 ha (94 ac) ...... N/A ...... N/A ...... (94 ac) Kahoolawe C ...... 50 ha ...... N/A ...... N/A ...... 50 ha (124 ac) ...... N/A ...... N/A ...... (124 ac) Kahoolawe D ...... 114 ha ...... N/A ...... N/A ...... 114 ha (282 ac) ...... N/A ...... N/A ...... (282 ac) Total ...... 207 ha ...... N/A ...... N/A ...... 207 ha (512 ac) ...... N/A ...... N/A ...... (512 ac)

Descriptions of Critical Habitat Units tomentosa. This unit contains a total of predominately owned by the State, with 67 ha (166 ac). The lands contained a very small portion privately owned. Maui A within this unit are owned by the State The natural features found in this unit The proposed Maui A provides and a private entity. The natural are Mokolea Point, portions of Alapapa critical habitat for one species: Sesbania features found in this unit are Gulch, Papanalahoa Point, and tomentosa. This unit contains a total of Keawalua, Corral, Akaluanui, and Kaikaina. 49 ha (121 ac). The lands contained Akhluaiki. This area is bound on the Maui D within this unit are owned by Maui north by Poelua Bay. County and a private entity. The natural The proposed Maui D provides Maui C feature found in this unit is Nakalele critical habitat for two species: Point. The proposed Maui C provides Centaurium sebaeoides and Sesbania critical habitat for one species: Sesbania tomentosa. This unit contains 45 ha Maui B tomentosa. This unit contains (111 ac). The lands contained within The proposed Maui B provides approximately 144 ha (357 ac). The land this unit are owned by the State and a critical habitat for one species: Sesbania contained within this unit is private entity. The natural features

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79227 found in this unit are Kahakuloa Head, solely by private owners. The natural Sanicula purpurea and Tetramolopium Puu Koae, and Puu Kahulianapa. This feature found in this unit is Kalahu capillare. This unit contains a total of unit is bound on the west by Kahakuloa Point. 2,338 ha (5,791 ac) and is found in the Bay, on the southwest by Kahakuloa State’s Lihau and Panaewa sections of Maui L town, and on the east by Mahinanui. the West Maui NAR and the West Maui The proposed Maui L provides critical Forest Reserve. The lands contained Maui E habitat for one species: Ischaemum within this unit are owned by the State The proposed Maui E provides critical byrone. This unit contains a total of 50 and private owners. The natural features habitat for one species: Centaurium ha (124 ac). The land contained within found in this unit are portions of sebaeoides. This unit contains a total of this unit is owned by the State. The Kahoma Stream, Kanaha Stream, Makila 79 ha (194 ac). The lands contained natural features found in this unit are Stream, Launiupaku Stream, Kinihapai within this unit are owned by State and portions of Keakulikuli Point, Stream, Ae Stream, Olowalu Stream, private owners. The natural features Kapukaulua, Pukaulua Point and Nukalaloa Stream, and Poohahoahoa found in this unit are portions of Waianapanapa Cave. This unit is bound Stream; portions of Kahoolewa Ridge; Makamakaole Stream, Lahoole and on the east by Keauaiki and Pailoa Bays. Kauaula; Helu; Launiupoko; Lihau; Waiokila Gulch. Maui M Olowalu; Halepohaku; Ulaula; portions Maui F of Ukumehame Gulch and Stream; Koai; The proposed Maui M provides portions of the back of Iao Valley and The proposed Maui F provides critical critical habitat for one species: Stream; the Needle; portions of Kapilau habitat for one species: Centaurium Ischaemum byrone. This unit contains a Ridge; Paunau; portions of Waikapu sebaeoides. This unit contains a total of total of 14.3 ha (35.7 ac). The lands Valley; and Hanaula. 61 ha (150 ac). The land contained contained within this unit are owned by within this unit is owned solely by a the State and a private owner. The Maui R private owner. The natural feature natural feature found in this unit is The proposed Maui R provides found in this unit is Kupaa Gulch. Kauiki Head. critical habitat for two species: Hesperomannia arbuscula and Sanicula Maui G Maui N purpurea. This unit contains a total of The proposed Maui G provides The proposed Maui N provides 299.1 ha (740.3 ac). The lands contained critical habitat for two species: critical habitat for one species: within this unit are owned by a private Ischaemum byrone and Peucedanum Lipochaeta kamolensis. This unit owner and the State. The natural feature sandwicense. This unit contains a total contains a total of 115 ha (284 ac). The found in this unit is a portion of Waihee of 1 ha (2 ac). The land contained lands contained within this unit are River. within this unit is owned by the State. owned by the State and a private owner. This unit is the entire Keopuka Islet. The natural feature found in this unit is Maui S Kepuni Gulch. The proposed Maui S provides critical Maui H habitat for one species: Sanicula Maui O The proposed Maui H provides purpurea. This unit contains a total of critical habitat for one species: The proposed Maui O provides 143 ha (354 ac). The lands contained Ischaemum byrone. This unit contains a critical habitat for two species: Bonamia within this unit are owned by the State total of 42 ha (104 ac). The lands menziesii and Hibiscus brackenridgei. and a private owner. The natural contained within this unit are owned by This unit contains a total of 278 ha (688 features found in this unit are the State and private owners. The ac). The land contained within this unit Kahakuloa, portions of Kahakuloa natural features found in this unit are is owned by the State. The natural Stream and Hulupueo Stream, and Pauwalu Point, Paepaemoana Point, and feature found in this unit is Puu o kali. Keahikauo. Waianu. Maui P Maui T Maui I The proposed Maui P provides critical The proposed Maui T provides The proposed Maui I provides critical habitat for one species: Clermontia critical habitat for five species: Ctenitis habitat for one species: Ischaemum oblongifolia ssp. mauiensis. This unit squamigera, Diellia erecta, Neraudia byrone. This unit contains a total of 0.1 contains a total of 58 ha (144 ac) and is sericea, Platanthera holochila, and ha (0.3 ac). The land contained within found in the State’s Honokowai section Remya mauiensis. This unit contains a this unit is owned by the State. This of the West Maui NAR and the West total of 580 ha (1,436 ac) and is found unit is Moku Huki. Maui Forest Reserve. The land in the State’s West Maui Forest Reserve contained within this unit is owned and Manawainui Plant Sanctuary. The Maui J solely by the State. The natural feature lands contained within this unit are The proposed Maui J provides critical found in this unit is a portion of Amalu owned by the State and a private owner. habitat for one species: Mariscus Stream. The natural features found in this unit pennatiformis. This unit contains a total Maui Q are portions of Pohakea Gulch, of 63 ha (157 ac). The lands contained Kaonehua Gulch, Papalaua Gulch, and within this unit are owned the State and The proposed Maui Q provides Manawainui Gulch; portions of private owners. The natural feature critical habitat for 15 species: Alectryon Ukumehame; Hanaulaiki; Polanui; and found in this unit is Hanawi Stream. macrococcus, Ctenitis squamigera, Puu Anu. Cyanea glabra, Cyanea grimesiana ssp. Maui K grimesiana, Cyanea lobata, Diellia Maui U The proposed Maui K provides erecta, Dubautia plantaginea ssp. The proposed Maui U provides critical habitat for one species: humilis, Hedyotis mannii, critical habitat for one species: Ischaemum byrone. This unit contains a Hesperomannia arbuscula, Lysimachia Spermolepis hawaiiensis. This unit total of 61 ha (150 ac). The land lydgatei, Phlegmariurus mannii, contains a total of 120 ha (298 ac). The contained within this unit is owned Plantago princeps, Pteris lidgatei, lands contained within this unit are

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79228 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules owned by the State and a private land Maui Aa contained within this unit is owned by owner. The natural feature found in this The proposed Maui Aa provides the State. The natural features found in unit is a portion of Kanaha Stream. critical habitat for one species: Pteris this unit are portions of the east Wailuaiki Stream and portions of the Maui V lidgatei. This unit contains a total of 74.3 ha (183.7 ac) and is found within Kopiliula Stream. The proposed Maui V provides the State’s Kahakuloa section of the Maui Gg critical habitat for one species: Hibiscus West Maui NAR. The lands contained brackenridgei. This unit contains a total within this unit are owned privately and The proposed Maui Gg provides of 103 ha (255 ac). The land contained by the State. The natural features found critical habitat for two species: Cyanea within this unit are owned solely by in this unit are Kahakuloa and copelandii ssp. haleakalaensis and private owners. The natural features Honokohau. Cyanea mceldowneyi. This unit found in this unit are portions of contains a total of 177 ha (438 ac) and Maui Bb Kaunoahua ridge, portions of Paleaahu is found within the State’s Hanawi Gulch, and portions of Kaonohua Gulch. The proposed Maui Bb provides NAR. The land contained within this critical habitat for two species: Cyanea unit is owned by the State. The natural Maui W copelandii ssp. haleakalaensis and features found in this unit are western Cyanea mceldowneyi. This unit The proposed Maui W provides portions of Kuhiwa Valley and portions contains a total of 352 ha (872 ac) and critical habitat for two species: of Kuhiwa Stream and Mukupiui is located within the State’s Makawao Phlegmariurus mannii and Sanicula Stream. Forest Reserve. The lands contained purpurea. This unit contains a total of Maui Hh within this unit are owned by the State 69 ha (172 ac) and is found in the State’s and private owners. The natural features Kahakuloa section of the West Maui The proposed Maui Hh provides found in this unit are Haiku Uka, NAR. The lands contained within this critical habitat for two species: portions of Opana Gulch, portions of unit are owned by the State and a Clermontia samuelii ssp. hanaensis and Kailua Stream, portions of Waiohiwi private land owner. The natural features Cyanea mceldowneyi. This unit Gulch, and portions of Waikamoi found in this unit are Violet Lake and contains a total of 117 ha (290 ac) and Stream. a portion of Kapuloa Stream. is found in the State’s Hanawi NAR. The Maui Cc land contained within this unit is Maui X owned by the State. The natural feature The proposed unit Maui Cc provides found in this unit is the eastern portion The proposed Maui X provides critical habitat for one species: Cyanea of Kuhiwa Valley. critical habitat for four species: Hedyotis hamatiflora ssp. hamatiflora. This unit coriacea, Hibiscus brackenridgei, contains a total of 117 ha (290 ac). The Maui Ii Sesbania tomentosa, and Spermolepis land contained within this unit is The proposed Maui Ii provides hawaiiensis. This unit contains a total of owned solely by a private owner. The critical habitat for one species: 204 ha (505 ac) and is found in the natural features found in this unit are Clermontia samuelii. This unit contains State’s Lihau section of the West Maui portions of Haipuaena Stream and a total of 879 ha (2,177 ac) and is found NAR. The lands contained within this Puohakamoa Stream. in the State’s Koolau and Hana Forest unit are owned by the State and a Maui Dd Reserves. The land contained within private owner. This unit is bound on the this unit is owned by the State. The The proposed Maui Dd provides east by Olowalu. natural feature found in this unit is critical habitat for two species: Cyanea portions of the Mokulehua Gulch. Maui Y hamatiflora ssp. hamatiflora and The proposed Maui Y provides Cyanea mceldowneyi. This unit Maui Jj critical habitat for one species: contains a total of 213 ha (528 ac). The land contained within this unit is Proposed Maui Jj provides critical Cyrtandra munroi. This unit contains a habitat for one species: Phlegmariurus total of 116 ha (287 ac) and is found owned solely by a private land owner. The natural features found in this unit mannii. This unit contains a total of 93 within the State’s West Maui Forest ha (230 ac) and is found in the State’s Reserve. The lands contained within are portions of Puohokamoa Stream and Haipuaena Stream. Kipahulu Forest Reserve. The lands this unit are owned by the State and a contained within this unit are owned by private owner. The natural feature Maui Ee the State. The natural features found in found in this unit is a portion of The proposed Maui Ee provides this unit are portions of Healani Stream Makamakaole Stream. critical habitat for one species: and western portions of Manawainui Maui Z Geranium multiflorum. This unit Valley. contains a total of 188 ha (466 ac) and Maui Kk The proposed Maui Z provides is found in the State’s Koolau Forest critical habitat for one species: Reserve. The lands contained within The proposed Maui Kk provides Hesperomannia arborescens. This unit this unit are owned by the State and a critical habitat for two species: contains a total of 115 ha (284 ac) and private owner. The natural feature Phlegmariurus mannii and Cyanea is found within the State’s Kahakuloa found in this unit is Puu Alaea. hanatiflora ssp. hamatiflora. This unit section of the West Maui NAR and the contains a total of 144 ha (357 ac) and West Maui Forest Reserve. The lands Maui Ff is found within the State’s Kipahulu contained within this unit are owned by The proposed Maui Ff provides Forest Reserve. The lands contained the State and a private owner. The critical habitat for one species: Cyanea within this unit are owned by the State. natural features found in this unit are hamatiflora ssp. hamatiflora. This unit The natural features found in this unit portions of Makamakaole Stream, contains a total of 119 ha (295 ac) and are northeastern portions of portions of Huluhulupueo Stream, and is found in the State’s Hanawi NAR and Manawainui Valley, Puu Ahulili, and Lanilili. Koolau Forest Reserve. The land Niniao.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79229

Maui Ll this unit are portions of Waiopai Gulch, Maui Ww The proposed Maui Ll provides Manawainui Gulch, Wailaulau Gulch, The proposed Maui Ww provides critical habitat for one species: and Kapuni Gulch, and Kula. critical habitat for one species: Flueggea Geranium arboreum. This unit contains Maui Rr neowawraea. This unit contains a total a total of 45 ha (111 ac). The lands of 133 ha (329 ac). The lands contained contained within this unit are owned The proposed Maui Rr provides within this unit are owned by the State. privately. The natural feature found in critical habitat for one species: The natural feature found in this unit is this unit is a portion of Kamehaneiki Alectryon macrococcus. This unit a portion of the Lualailua Hills. Gulch. contains a total of 115 ha (285 ac) and Maui Xx Maui Mm is found in the State’s Kahikinui Forest Reserve. The lands contained within The proposed Maui Xx provides The proposed Maui Mm provides this unit are owned by the State and critical habitat for one species: Ctenitis critical habitat for one species: private owners. The natural features squamigera. This unit contains a total of Geranium arboreum. This unit contains found in this unit are Kula and portions 60 ha (149 ac) and is found within the a total of 167 ha (413 ac) and is found of Panini Gulch. State’s West Maui Forest Reserve. The in the State’s Kula Forest Reserve. The lands contained within this unit are lands contained within this unit are Maui Ss owned by the State and private owners. owned by the State and private owners. The natural features found in this unit The natural features found in this unit The proposed Maui Ss provides critical habitat for ten species: Alectryon are Kahana, portions of Kahanaiki are a portion of Keahuaiwi Gulch, Gulch, Mahinahina, and Moomoku. Waiakoa, and a portion of Naalae Gulch. macrococcus, Bonamia menziesii, Cenchrus agrimonioides, Colubrina Maui Yy Maui Nn oppositifolia, Flueggea neowawraea, The proposed Maui Yy provides The proposed Maui Nn provides Melicope adscendens, Melicope critical habitat for one species: critical habitat for one species: knudsenii, Melicope mucronulata, Clermontia lindseyana. This unit Geranium arboreum. This unit contains Spermolepis hawaiiensis, and a total of 692 ha (1,714 ac) and is found contains a total of 1,118 ha (2,769 ac). Zanthoxylum hawaiiense. This unit The lands contained within this unit are in the State’s Kula and Kahikinui Forest contains a total of 1,924 ha (4,766 ac), Reserves. The lands contained within owned by the State and private owners. portions of which are found in the The natural features found within this this unit are owned by the State and Kanaio NAR. The land contained within private owners. The natural features unit are Kamaole, Keauhou, Keonenelu, this unit is owned by the State and and Waihou Spring. found in this unit are a portion of private owners. The natural features Kaipoioi Gulch, Kaonoulu, Waiohuli, found in this unit are Puu Ouli, Maui Zz portions of Waiohuli Gulch, and Maunanu, Kalmaloo, Luapelani, Puu The proposed Maui Zz provides Papaanui. Mahoe, Auwahi, and Kanaio. critical habitat for one species: Ctenitis Maui Oo Maui Tt squamigera. This unit contains a total of The proposed Maui Oo provides 118 ha (292 ac). The lands contained critical habitat for one species: Bidens The proposed Maui Tt provides within this unit are owned by the State micrantha ssp. kalealaha. This unit critical habitat for one species: Sesbania and private owners. The natural features contains a total of 116 ha (287 ac). The tomentosa. This unit contains a total of found in this unit are portions of land contained within this unit is 114 ha (282 ac). The lands contained Kanaha Stream, Panaewa, and Kuia. owned by the State. The natural features within this unit are owned by the State Kahoolawe A found in this unit are Kahua and and leased by the U.S. Department of Kahikinui. Defense (Hawaii Army National Guard) The proposed Kahoolawe A, the islet for the Kanaio Training Area, and Puu Koae off the southern coast of Maui Pp private owners. The natural features Kahoolawe, provides critical habitat for The proposed Maui Pp provides found in this unit are Pimoe and one species: Sesbania tomentosa. This critical habitat for one species: Kanaio. unit contains a total of 5 ha (12 ac). The Geranium arboreum. This unit contains land contained within this unit is a total of 113 ha (280 ac) and is found Maui Uu owned by the State. in the State’s Kula and Kahikinui Forest The proposed Maui Uu provides Kahoolawe B Reserves. The lands contained within critical habitat for one species: Hibiscus The proposed Kahoolawe B provides this unit are owned by the State and brackenridgei. This unit contains a total critical habitat for one species: Kanaloa private owners. The natural feature of 121 ha (300 ac). The lands contained found in this unit is Kanaio. kahoolawensis. This unit contains a within this unit are owned by the State total of 38 ha (94 ac). The land Maui Qq and private owners. The natural feature contained within this unit is owned by The proposed Maui Qq provides found in this unit is Keokea. the State. The natural feature found in critical habitat for seven species: Bidens Maui Vv this unit is Aleale. micrantha ssp. kalealaha; Clermontia Kahoolawe C lindseyana, Diellia erecta, Diplazium The proposed Maui Vv provides molokaiense, Neraudia sericea, critical habitat for one species: Vigna o- The proposed Kahoolawe C provides Phlegmariurus mannii, and Phyllostegia wahuensis. This unit contains a total of critical habitat for one species: Vigna o- mollis. This unit contains a total of 973 77 ha (190 ac). The land contained wahuensis. This unit contains a total of ha (2,410 ac) and is found in the State’s within this unit is owned by the State. 50 ha (124 ac). The land contained Kahikinui Forest Reserve. The land The natural features found in this unit within this unit is owned by the State. contained within this unit is owned by are Kamanamana, a portion of Kaloi, The natural feature found in this unit is the State. The natural features found in and a portion of Kaunauhane. a tidal pond.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79230 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Kahoolawe D 402.02 as alternative actions identified element, including but not limited to: The proposed Kahoolawe D provides during consultation that can be Overgrazing; maintenance of feral critical habitat for one species: Vigna o- implemented in a manner consistent ungulates; clearing, cutting of native wahuensis. This unit contains a total of with the intended purpose of the action, live trees and , whether by 114 ha (282 ac). The land contained that are consistent with the scope of the burning or mechanical, chemical, or within this unit is owned by the State. Federal agency’s legal authority and other means (e.g., woodcutting, jurisdiction, that are economically and bulldozing, construction, road building, Effects of Critical Habitat Designation technologically feasible, and that the mining, herbicide application); Section 7(a) of the Act requires Director believes would avoid introducing or enabling the spread of Federal agencies, including the Service, destruction or adverse modification of nonnative species; and taking actions to ensure that actions they fund, critical habitat. Reasonable and prudent that pose a risk of fire. authorize, or carry out do not destroy or alternatives can vary from slight project (2) Water diversion or impoundment, adversely modify critical habitat to the modifications to extensive redesign or groundwater pumping, or other activity extent that the action appreciably relocation of the project. Costs that alters water quality or quantity to an extent that wet forest or bog diminishes the value of the critical associated with implementing a vegetation is significantly affected; habitat for the survival and recovery of reasonable and prudent alternative are (3) Recreational activities that degrade the species. Individuals, organizations, similarly variable. Regulations at 50 CFR 402.16 require vegetation; and states, local governments, and other Federal agencies to reinitiate (4) Activities that may destroy or non-Federal entities are affected by the consultation on previously reviewed adversely modify critical habitat include designation of critical habitat only if actions in instances where critical those that alter the primary constituent their actions occur on Federal lands, habitat is subsequently designated and elements to the extent that the value of require a Federal permit, license, or the Federal agency has retained critical habitat for both the survival and other authorization, or involve Federal discretionary involvement or control recovery of any one of the 50 species is funding. over the action or such discretionary appreciably reduced. Section 7(a) of the Act requires involvement or control is authorized by To properly portray the effects of Federal agencies to evaluate their law. Consequently, some Federal critical habitat designation, we must actions with respect to any species that agencies may request reinitiation of first compare the section 7 requirements is proposed or listed as endangered or consultation with us on actions for for actions that may affect critical threatened and with respect to its which formal consultation has been habitat with the requirements for critical habitat, if any is designated or completed if those actions may affect actions that may affect a listed species. proposed. Regulations implementing designated critical habitat. Further, Section 7 prohibits actions funded, this interagency cooperation provision some Federal agencies may have authorized, or carried out by Federal of the Act are codified at 50 CFR part conferenced with us on proposed agencies from jeopardizing the 402. Section 7(a)(4) requires Federal critical habitat. We may adopt the continued existence of a listed species agencies to confer with us on any action formal conference report as the or destroying or adversely modifying the that is likely to jeopardize the continued biological opinion when critical habitat listed species’ critical habitat. Actions existence of a proposed species or result is designated, if no significant new likely to ‘‘jeopardize the continued in destruction or adverse modification information or changes in the action existence’’ of a species are those that of proposed critical habitat. Conference alter the content of the opinion (see 50 would appreciably reduce the reports provide conservation CFR 402.10(d)). likelihood of both the survival and recommendations to assist the agency in Activities on lands being proposed as recovery of a listed species. Actions eliminating conflicts that may be caused critical habitat for these 50 species or likely to result in the destruction or by the proposed action. The activities that may indirectly affect such adverse modification of critical habitat conservation recommendations in a lands and that are conducted by a are those that would appreciably reduce conference report are advisory. If a Federal agency, funded by a Federal the value of critical habitat for both the species is listed or critical habitat is agency or require a permit from a survival and recovery of the listed designated, section 7(a)(2) requires Federal agency will be subject to the species. Federal agencies to ensure that actions section 7 consultation process. Federal Common to both definitions is an they authorize, fund, or carry out are not actions not affecting critical habitat, as appreciable detrimental effect on both likely to jeopardize the continued well as actions on non-Federal lands survival and recovery of a listed species. existence of such a species or to destroy that are not federally funded or Given the similarity of these definitions, or adversely modify its critical habitat. permitted, will not require section 7 actions likely to result in the destruction If a Federal action may affect a listed consultation. or adverse modification of critical species or its critical habitat, the Section 4(b)(8) of the Act requires us habitat would almost always result in responsible Federal agency (action to briefly describe and evaluate in any jeopardy to the species concerned, agency) must enter into consultation proposed or final regulation that particularly when the area of the with us. Through this consultation we designates critical habitat those proposed action is occupied by the would ensure that the permitted actions activities involving a Federal action that species concerned. In those cases, do not destroy or adversely modify may adversely modify such habitat or critical habitat provides little additional critical habitat. that may be affected by such protection to a species, and the When we issue a biological opinion designation. We note that such activities ramifications of its designation are few concluding that a project is likely to may also jeopardize the continued or none. However, if occupied habitat result in the destruction or adverse existence of the species. Activities that, becomes unoccupied in the future, there modification of critical habitat, we also when carried out, funded, or authorized is a potential benefit from critical provide reasonable and prudent by a Federal agency, may affect critical habitat in such areas. alternatives to the project, if any are habitat include, but are not limited to: Federal agencies already consult with identifiable. Reasonable and prudent (1) Activities that degrade or destroy us on activities in areas currently alternatives are defined at 50 CFR habitat defined as a primary constituent occupied by the species to ensure that

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79231 their actions do not jeopardize the agencies already consult with us on Public Comments Solicited continued existence of the species. activities in areas currently occupied by It is our intent that any final action These actions include, but are not the species or if the species may be resulting from this proposal be as limited to: affected by the action to ensure that accurate and as effective as possible. (1) Regulation of activities affecting their actions do not jeopardize the waters of the United States by the Army Therefore, we solicit comments or continued existence of the species. suggestions from the public, other Corps of Engineers under section 404 of Because of this, we do not expect any the Clean Water Act; concerned governmental agencies, the additional project modifications or scientific community, industry, or any (2) Development requiring permits restrictions or anticipate additional from other Federal agencies such as other interested party concerning this regulatory protection will result from proposed rule. Housing and Urban Development; critical habitat designation. (3) Regulation of grazing and In this proposed rule, we do not recreation, and federally funded If you have questions regarding propose to designate critical habitat on silviculture/forestry projects and whether specific activities may affect or the private lands within Waikamoi and research by the U.S. Department of will constitute adverse modification of Kapunakea Preserves, Puu Kukui Agriculture (Forest Service); critical habitat, contact the Field Watershed Management Area, and on (4) Regulation of airport improvement Supervisor, Pacific Islands Ecological the State lands in the upper areas of activities by the Federal Aviation Services Field Office (see ADDRESSES Hanawi Natural Area Reserve because Administration jurisdiction; section). Requests for copies of the these areas are permanently dedicated (5) Road construction and regulations on listed plants and animals, to conservation and managed to address maintenance by, or funded by, the U.S. and general inquiries regarding the threats to the plant species at issue. Department of Transportation; prohibitions and permits, may be We believe that these areas are not in (6) Military training or similar addressed to the U.S. Fish and Wildlife need of special management activities of the U.S. Department of Service, Endangered Species Permits, considerations or protection and, Defense (Hawaii Army National Guard) 911 N.E. 11th Ave., Portland, Oregon therefore, do not meet the definition of on lands under their jurisdiction; 97232–4181 (telephone 503–231–2063; critical habitat in the Act. Since we do (7) Unexploded ordinance clean-up or facsimile 503–231–6243). not believe these areas meet the similar activities of the U.S. Department definition of critical habitat, critical of Defense (Navy) or their contractors on Consideration of Economic and Other habitat is not proposed for the four the island of Kahoolawe; Relevant Impacts species that are only found in Waikamoi (8) Federally funded importation of Section 4(b)(2) of the Act requires us Preserve and/or Haleakala National Park alien species for research, agriculture, (Argyroxiphium sandwicense ssp. to designate critical habitat on the basis and aquiculture, and the release or macrocephalum, Melicope balloui, of the best scientific and commercial authorization of release of biological Melicope ovalis, and Schiedea data available and to consider the control agents by the U.S. Department of haleakalensis). However, we are economic and other relevant impacts of Agriculture; specifically soliciting comments on the designating a particular area as critical (9) Regulation of activities affecting appropriateness of this approach. habitat. We may exclude areas from point source pollution discharges into The Service also invites comments critical habitat upon a determination waters of the United States by the from the public that provide that the benefits of such exclusions Environmental Protection Agency under information on whether lands within outweigh the benefits of specifying such section 402 of the Clean Water Act.; proposed critical habitat are currently areas as critical habitat. We cannot (10) Hazard mitigation and post- being managed to address conservation exclude such areas from critical habitat disaster repairs funded by the Federal needs of these listed plants. As stated when such exclusion will result in the Emergency Management Agency; earlier in this proposed rule, if we extinction of the species. (11) Installation and maintenance of receive information that any of the areas U.S. Coast Guard navigational aids; We will conduct the economic proposed as critical habitat are (12) Construction of communication analysis for this proposal prior to a final adequately managed, we may delete sites licensed by the Federal determination. When the draft economic such areas from designation in the final Communications Commission; analysis is completed, we will announce rule, because they would not meet the (13) Construction activities by the its availability with a notice in the definition in section 3(5)(A)(i) of the U.S. Department of Interior (National Federal Register, and we will have a Act. In determining adequacy of Park Service); and comment period for 30 days at that time (14) Activities not mentioned above management, we must find that the to accept comments. funded or authorized by the U.S. management effort is sufficiently certain Department of Agriculture (Forest We will utilize the final economic to be implemented and effective so as to Service, Natural Resources Conservation analysis, and take into consideration all contribute to the elimination or Service), Department of Defense, comments and information regarding adequate reduction of relevant threats to Department of Transportation, economic or other impacts submitted the species. Department of Energy, Department of during the public comment period and In determining whether an action is Interior (U.S. Geological Survey, any public hearings, if requested, to likely to be implemented, we will National Park Service), Department of make final critical habitat designations. generally consider the following: Commerce (National Oceanic and We may exclude areas from critical • Whether or not a management plan Atmospheric Administration) or any habitat upon a determination that the or agreement exists which specifies the other Federal agency. benefits of such exclusions outweigh the management actions being All lands designated as critical habitat benefits of specifying such areas as part implemented, or if to be implemented, are within the geographical area of critical habitat; however, we cannot the schedule for implementation; occupied by these species. Thus, we exclude areas from critical habitat when • Whether there are responsible consider all critical habitat proposed in such exclusion will result in the party(ies) and funding source(s) or other this rule to be occupied. Federal extinction of the species. resources necessary to implement the

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79232 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules actions, with a high level of assurance grimesiana, Cyanea hamatiflora ssp. Islands Office at phone number 808/ that the funding will be provided; and hamatiflora, Cyanea lobata, Cyanea 541–3441. Please note that the e-mail • The authority and long-term mceldowneyi, Cyrtandra munroi, Diellia address will be closed out at the commitment of the party(ies) to the erecta, Diplazium molokaiense, termination of the public comment agreement or plan to implement the Dubautia plantaginea ssp. humilis, period. management actions, as demonstrated, Flueggea neowawraea, Geranium 3. You may hand-deliver written for example, by a legal instrument arboreum, Geranium multiflorum, comments to our Pacific Islands Office providing enduring protection and Hedyotis coriacea, Hedyotis mannii, at 300 Ala Moana Blvd., Room 3–122, management of the lands. Hesperomannia arborescens, Honolulu, HI. In determining whether an action is Hesperomannia arbuscula, Hibiscus Our practice is to make comments, likely to be effective, we would brackenridgei, Ischaemum byrone, including names and home addresses of generally consider whether or not the Kanaloa kahoolawensis, Lipochaeta respondents, available for public review plan is specific concerning the threats to kamolensis, Lysimachia lydgatei, during regular business hours. be addressed by the management Mariscus pennatiformis, Melicope Respondents may request that we actions; whether such actions have been adscendens, Melicope balloui, Melicope withhold their home address, which we successful in the past; whether there are knudsenii, Melicope mucronulata, will honor to the extent allowable by provisions for monitoring and Melicope ovalis, Neraudia sericea, law. There also may be circumstances in assessment of the effectiveness of the Peucedanum sandwicense, which we would withhold a management actions; and whether Phlegmariurus mannii, Phyllostegia respondent’s identity, as allowable by adaptive management principles have mollis, Plantago princeps, Platanthera law. If you wish us to withhold your been incorporated into the plan. holochila, Pteris lidgatei, Remya name and/or address, you must state We are aware that the State of Hawaii mauiensis, Sanicula purpurea, Schiedea this request prominently at the and some private landowners are haleakalensis, Sesbania tomentosa, beginning of your comment. However, considering the development and Spermolepis hawaiiensis, we will not consider anonymous implementation of land management Tetramolopium capillare, Vigna o- comments. To the extent consistent with plans or agreements that may promote wahuensis, and Zanthoxylum applicable law, we will make all the conservation and recovery of hawaiiense, and what habitat is submissions from organizations or endangered and threatened plant essential to the conservation of the businesses, and from individuals species on the island of Maui. We are species and why; identifying themselves as soliciting comments in this proposed (4) Land use practices and current or representatives or officials of rule on whether current land planned activities in the subject areas organizations or businesses, available management plans or practices applied and their possible impacts on proposed for public inspection in their entirety. within the areas proposed as critical critical habitat; Comments and materials received will habitat provide for the conservation of (5) Any economic or other impacts be available for public inspection, by the species by adequately addressing the resulting from the proposed appointment, during normal business threats. We are also soliciting comments designations of critical habitat, hours at the above address. on whether future development and including any impacts on small entities approval of conservation measures (e.g., or families; and Peer Review Conservation Agreements, Safe Harbor (6) Economic and other potential In accordance with our policy Agreements) should be excluded from values associated with designating published on July 1, 1994 (59 FR critical habitat and if so, by what critical habitat for the above 50 plant 34270), we will seek the expert opinions mechanism. species such as those derived from non- of at least three appropriate and In addition, we are seeking comments consumptive uses (e.g., hiking, camping, independent specialists regarding this on the following: birding, enhanced watershed protection, proposed rule. The purpose of such (1) The reasons why critical habitat increased soil retention, ‘‘existence review is to ensure listing and critical for any of these species is prudent or not values,’’ and reductions in habitat decisions are based on prudent as provided by section 4 of the administrative costs). scientifically sound data, assumptions, Act and 50 CFR 424.12(a)(1), including If you wish to comment, you may and analyses. We will send copies of whether the benefits of designation submit your comments and materials this proposed rule to these peer would outweigh any threats to these concerning this proposal by any one of reviewers immediately following species due to designation; several methods. publication in the Federal Register. We (2) The reasons why any particular 1. You may submit written comments will invite the peer reviewers to area should or should not be designated and information to the Field Supervisor, comment, during the public comment as critical habitat for any of these U.S. Fish and Wildlife Service, Pacific period, on the specific assumptions and species, as critical habitat is defined by Islands Office, 300 Ala Moana Blvd., conclusions regarding the proposed section 3 of the Act (16 U.S.C. 1532(5)); P.O. Box 50088, Honolulu, HI 96850– designations of critical habitat. (3) Specific information on the 0001. We will consider all comments and amount and distribution of habitat for 2. If you would like to submit data received during the 60-day Acaena exigua, Alectryon macrococcus, comments by e-mail comment period on this proposed rule Argyroxiphium sandwicense ssp. ([email protected]), please during preparation of a final macrocephalum, Bidens micrantha ssp. submit e-mail comments as an ASCII rulemaking. Accordingly, the final kalealaha, Bonamia menziesii, file format and avoid the use of special decision may differ from this proposal. Cenchrus agrimonioides, Centaurium characters and encryption. Please sebaeoides, Clermontia lindseyana, include ‘‘Attn: RIN 1018–AH70’’ and Clarity of the Rule Clermontia oblongifolia ssp. mauiensis, your name and return address in your Executive Order 12866 requires each Clermontia samuelii, Colubrina e-mail message. If you do not receive a agency to write regulations and notices oppositifolia, Ctenitis squamigera, confirmation from the system that we that are easy to understand. We invite Cyanea copelandii ssp. haleakalaensis, have received your e-mail message, your comments on how to make this Cyanea glabra, Cyanea grimesiana ssp. contact us directly by calling our Pacific proposed rule easier to understand

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79233 including answers to questions such as Required Determinations rule will have an annual economic the following: (1) Are the requirements effect of $100 million or adversely affect Regulatory Planning and Review in the proposed rule clearly stated? (2) an economic sector, productivity, jobs, Does the proposed rule contain In accordance with Executive Order the environment, or other units of technical language or jargon that 12866, this action was submitted for government. Therefore we do not interferes with the clarity? (3) Does the review by the Office of Management and believe a cost benefit and economic format of the proposed rule (grouping Budget (OMB). We are in the process of analysis pursuant to Executive Order and order of sections, use of headings, preparing an economic analysis to 12866 is required. paragraphing, etc.) aid or reduce its determine the economic consequences clarity? (4) Is the description of the of designating the specific areas The 50 plants were listed as proposed rule in the ‘‘Supplementary identified as critical habitat. If our endangered or threatened species Information’’ section of the preamble economic analysis reveals that the between the years 1991 and 1999. The helpful in understanding the document? economic impacts of designating any areas proposed for critical habitat are (5) What else could we do to make the area as critical habitat outweigh the currently occupied by one or more of proposed rule easier to understand? benefits of designation, we may exclude these species. Under section 7 of the Send a copy of any comments that those areas from consideration, unless Act, critical habitat may not be concern how we could make this notice such exclusion will result in the destroyed or adversely modified by a easier to understand to: Office of extinction of the species. Federal agency action; it does not Regulatory Affairs, Department of the (a) While we will prepare an impose any restrictions on non-Federal Interior, Room 7229, 1849 C Street, economic analysis to assist us in persons unless they are conducting NW., Washington, DC 20240. You may considering whether areas should be activities funded or otherwise e-mail your comments to this address: excluded pursuant to section 4 of the sponsored or permitted by a Federal [email protected]. Act at this time, we do not believe this agency (see Table 6).

TABLE 6.ÐIMPACTS OF CRITICAL HABITAT DESIGNATION FOR 50 PLANTS FROM MAUI AND KAHOOLAWE

Additional activities potentially affected by Categories of activities Activities potentially affected by species listing only critical habitat designation 1

Federal activities Activities conducted by the Army Corps of Engineers, Department of Transportation, Depart- None. protentially affected 2. ment of Defense, Department of Agriculture, Environmental Protection Agency, Federal Emergency Management Agency, Federal Aviation Administration, Federal Communica- tions Commission, Department of Interior. Private or other non- Activities that require a Federal action (permit, authorization, or funding) and may remove or None. Federal activities po- destroy habitat for these plants by mechanical, chemical, or other means (e.g., over- tentially affected 3. grazing, clearing, cutting native live trees and shrubs, water diversion, impoundment, groundwater pumping, road building, mining, herbicide application, recreational use etc.) or appreciably decrease habitat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants or animals, fragmentation of habitat). 1 This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by list- ing the species. 2 Activities initiated by a Federal agency. 3 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.

Section 7 also requires Federal agencies (b) This rule will not create habitat designation will have any to ensure that they do not jeopardize the inconsistencies with other agencies’ incremental effects. continued existence of the species. actions. As discussed above, Federal (d) This rule will not raise novel legal Based on our experience, due to the agencies have been required to ensure or policy issues. The proposed rule limited number of individuals and that their actions not jeopardize the follows the requirements for populations, and limited range, we continued existence of the 50 plant determining critical habitat contained in conclude that any Federal action or species since their listing between 1991 the Endangered Species Act. authorized action that could potentially and 1999. The prohibition against Regulatory Flexibility Act (5 U.S.C. 601 cause an adverse modification of the adverse modification of critical habitat et seq.) would not be expected to impose any proposed critical habitat for any of these In the economic analysis, we will additional restrictions to those that 50 species would also likely cause determine whether designation of currently exist because all proposed ‘‘jeopardy’’ to that species. Accordingly, critical habitat will have a significant critical habitat is currently occupied. the designation of currently occupied effect on a substantial number of small areas as critical habitat would not have (c) This rule will not materially affect entities. As discussed under Regulatory any additional incremental impacts on entitlements, grants, user fees, loan Planning and Review above, this rule is what actions may or may not be programs, or the rights and obligations not expected to result in any restrictions conducted by Federal agencies or non- of their recipients. Federal agencies are in addition to those currently in Federal persons that receive Federal currently required to ensure that their existence. As indicated on Table 5 (see authorization or funding. Non-Federal activities do not jeopardize the ‘‘Methods for Selection of Areas for persons that do not have a Federal continued existence of the species, and Proposed Critical Habitat Designations’’) involvement in their actions are not as discussed above we do not anticipate we have designated property owned by restricted by the designation of critical that the adverse modification Federal and State governments, and habitat. prohibition resulting from critical private property.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79234 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Within these areas, the types of currently required to comply with the will not increase or decrease the current Federal actions or authorized activities protections of the Act that are triggered restrictions on private property that we have identified as potential by listing, such as avoiding jeopardy to concerning take of these 50 plant concerns are: these species, and the designation of species. We do not anticipate that (1) Regulation of activities affecting critical habitat is not anticipated to have property values will be affected by the waters of the United States by the Army any additional effects on these critical habitat designations. Corps of Engineers under section 404 of activities. Landowners in areas that are included the Clean Water Act; For actions on non-Federal property in the designated critical habitat will (2) Development on private or State that do not have a Federal connection continue to have opportunity to utilize lands requiring permits from other (such as funding or authorization), the their property in ways consistent with Federal agencies such as Housing and current State restrictions concerning State law and with the continued Urban Development; take of listed threatened or endangered survival of the plant species. (3) Federally funded silviculture/ plant species remain in effect, and this forestry projects and research and rule would impose no additional Federalism research by the U.S. Department of restrictions. In accordance with Executive Order Agriculture (Forest Service); 13132, the rule does not have significant (4) Regulation of airport improvement Small Business Regulatory Enforcement Federalism effects. A Federalism activities by the Federal Aviation Fairness Act (5 U.S.C. 804(2)). assessment is not required. As discussed Administration jurisdiction; In the economic analysis, we will above, the designation of critical habitat (5) Road construction and determine whether designation of in areas currently occupied by the 50 maintenance by, or funded by, the U.S. critical habitat will cause (a) any effect plant species would have little Department of Transportation; on the economy of $100 million or incremental impact on State and local (6) Military training or similar more, (b) any increases in costs or prices governments and their activities. The activities of the U.S. Department of for consumers, individual industries, designations may have some benefit to Defense (Hawaii Army National Guard) Federal, State, or local government these governments in that the areas on lands under their jurisdiction; agencies, or geographic regions in the essential to the conservation of these (7) Unexploded ordnance clean-up or economic analysis, or (c) any significant species are more clearly defined, and similar activities of the U.S. Department adverse effects on competition, the primary constituent elements of the of Defense (Navy) or their contractors on employment, investment, productivity, habitat necessary to the survival of the the island of Kahoolawe; innovation, or the ability of U.S.-based species are identified. While this (8) Federally funded importation of enterprises to compete with foreign- definition and identification does not alien species for research, agriculture, based enterprises. alter where and what federally and aquiculture, and the release or sponsored activities may occur, it may authorization of release of biological Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) assist these local governments in long control agents by the U.S. Department of range planning rather than waiting for Agriculture; In accordance with the Unfunded case-by-case section 7 consultation to (9) Regulation of activities affecting Mandates Reform Act (2 U.S.C. 1501 et occur. point source pollution discharges into seq.): waters of the United States by the (a) This rule will not ‘‘significantly or Civil Justice Reform Environmental Protection Agency under uniquely’’ affect small governments. A In accordance with Executive Order section 402 of the Clean Water Act; Small Government Agency Plan is not 12988, the Office of the Solicitor has (10) Hazard mitigation and post- required. Small governments will only determined that the rule does not disaster repairs funded by the Federal be affected to the extent that any Federal unduly burden the judicial system and Emergency Management Agency; agency that funds, permits or other meets the requirements of sections 3(a) (11) Installation and maintenance of authorized activities must ensure that and 3(b)(2) of the Order. We designate U.S. Coast Guard navigational aids; their actions will not adversely affect critical habitat in accordance with the (12) Construction of communication the critical habitat. However, as provisions of the Endangered Species sites licensed by the Federal discussed in section 1, these actions are Act. The rule uses standard property Communications Commission; and currently subject to equivalent descriptions and identifies the primary (13) Activities not mentioned above restrictions through the listing constituent elements within the funded or authorized by the U.S. protections of the species, and no designated areas to assist the public in Department of Agriculture (Forest further restrictions are anticipated. understanding the habitat needs of the Service, Natural Resources Conservation (b) This rule will not produce a plant species. Service), Department of Defense, Federal mandate of $100 million or Department of Transportation, greater in any year, that is, it is not a Paperwork Reduction Act of 1995 (44 Department of Energy, Department of ‘‘significant regulatory action’’ under U.S.C. 3501 et seq.) Interior (U.S. Geological Survey, the Unfunded Mandates Reform Act. This rule does not contain any National Park Service), Department of The designation of critical habitat information collection requirements for Commerce (National Oceanic and imposes no obligations on State or local which OMB approval under the Atmospheric Administration) or any governments. Paperwork Reduction Act is required. other Federal agency. Many of these activities authorized or Takings National Environmental Policy Act funded by Federal agencies within the In accordance with Executive Order We have determined that an proposed critical habitat areas are 12630, this rule does not have Environmental Assessment and/or an carried out by small entities (as defined significant takings implications. A Environmental Impact Statement as by the Regulatory Flexibility Act) takings implication assessment is not defined by the National Environmental through contract, grant, permit, or other required. As discussed above, the Policy Act of 1969 need not be prepared Federal authorization. As discussed in designation of critical habitat affects in connection with regulations adopted section 1 above, these actions are only Federal agency actions. The rule pursuant to section 4(a) of the Act, as

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79235 amended. A notice outlining our reason designate critical habitat for these mauiensis, Clermontia samuelii, for this determination was published in species on Tribal lands. Colubrina oppositifolia, Cyanea the Federal Register on October 25, References Cited copelandii ssp. haleakalaensis, Cyanea 1983 (48 FR 49244). This proposed rule glabra, Cyanea grimesiana ssp. does not constitute a major Federal A complete list of all references cited grimesiana, Cyanea hamatiflora ssp. action significantly affecting the quality in this proposed rule is available upon hamatiflora, Cyanea lobata, Cyanea of the human environment. request from the Pacific Islands mceldowneyi, Cyrtandra munroi, Ecoregion Office (see ADDRESSES Dubautia plantaginea ssp. humilis, Government-to-Government section). Relationship with Tribes Flueggea neowawraea, Geranium Authors arboreum, Geranium multiflorum, In accordance with the President’s Hedyotis coriacea, Hedyotis mannii, memorandum of April 29, 1994, The primary authors of this notice are Christa Russell, Michelle Stephens, and Hesperomannia arborescens, ‘‘Government-to-Government Relations Hesperomannia arbuscula, Hibiscus with Native American Tribal Marigold Zoll of the Pacific Islands Field Office (see ADDRESSES section). brackenridgei, Ischaemum byrone, Governments’’ (59 FR 22951) and 512 Kanaloa kahoolawensis, Lipochaeta DM 2, we understand that Federally List of Subjects in 50 CFR Part 17 kamolensis, Lysimachia lydgatei, recognized Tribes must be related to on Endangered and threatened species, Mariscus pennatiformis, Melicope a Government-to-Government basis. The Exports, Imports, Reporting and record- adscendens, Melicope knudsenii, 1997 Secretarial Order on Native keeping requirements, Transportation. Melicope (=Pelea) mucronulata, Americans and the Act clearly states Neraudia sericea, Peucedanum that Tribal lands should not be Proposed Regulation Promulgation sandwicense, Phyllostegia mollis, designated unless absolutely necessary Accordingly, we propose to amend Plantago princeps, Platanthera for the conservation of the species. part 17, subchapter B of chapter I, title holochila, Remya mauiensis, Sanicula According to the Secretarial Order, 50 of the Code of Federal Regulations as purpurea, Sesbania tomentosa, ‘‘Critical habitat shall not be designated set forth below: Spermolepis hawaiiensis, in an area that may impact Tribal trust resources unless it is determined PART 17Ð[AMENDED] Tetramolopium capillare, Vigna o- essential to conserve a listed species. In wahuensis, and Zanthoxylum designating critical habitat, the Services 1. The authority citation for part 17 hawaiiense under ‘‘FLOWERING shall evaluate and document the extent continues to read as follows: PLANTS’’ and Ctenitis squamigera, to which the conservation needs of a Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Diellia erecta, Diplazium molokaiense, listed species can be achieved by 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Phlegmariurus (=Lycopodium, limiting the designation to other lands.’’ 625, 100 Stat. 3500; unless otherwise noted. =Huperzia) mannii, and Pteris lidgatei We determined that no Tribal lands 2. In § 17.12(h) revise the entries for under ‘‘FERNS AND ALLIES’’ to read as are essential for the conservation of the Alectryon macrococcus, Bidens follows: plant species discussed in this proposed micrantha ssp. kalealaha, Bonamia § 17.12 Endangered and threatened plants. ruler because they do not support menziesii, Cenchrus agrimonioides, populations or suitable habitat. Centaurium sebaeoides, Clermontia * * * * * Therefore, we are not proposing to lindseyana, Clermontia oblongifolia ssp. (h) * * *

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Alectryon Mahoe ...... U.S.A.(HI) ...... Sapindaceae ...... E 467 17.96(a) NA macrococcus.

******* Bidens micrantha Ko`oko`olau ...... U.S.A.(HI) ...... Asteraceae ...... E 467 17.96(a) NA ssp. kalealaha.

******* Bonamia menziesii .. None ...... U.S.A.(HI) ...... Convolvulaceae ...... E 559 17.96(a) NA

******* Cenchrus Kamanomano ...... U.S.A.(HI) ...... Poaceae ...... E 592 17.96(a) NA agrimonioides. (=Sandbur, agri- mony).

******* Centaurium Awiwi ...... U.S.A.(HI) ...... Gentianaceae ...... E 448 17.96(a) NA sebaeoides.

******* Clermontia `Oha wai ...... U.S.A.(HI) ...... Campanulaceae ..... E 467 17.96(a) NA lindseyana.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79236 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

******* Clermontia `Oha wai ...... U.S.A.(HI) ...... Campanulaceae ..... E 466 17.96(a) NA oblongifolia ssp. mauiensis.

******* Clermontia samuelii `Oha wai ...... U.S.A.(HI) ...... Campanulaceae ..... E 666 17.96(a) NA

******* Colubrina Kauila ...... U.S.A.(HI) ...... Rhamnaceae ...... E 532 17.96(a) NA oppositifolia.

******* Cyanea copelandii Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 666 17.96(a) NA ssp. haleakalaensis.

******* Cyanea glabra ...... Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 666 17.96(a) NA

******* Cyanea grimesiana Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 592 17.96(a) NA ssp. grimesiana.

******* Cyanea hamatiflora Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 666 17.96(a) NA ssp. hamatiflora.

******* Cyanea lobata ...... Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 467 17.96(a) NA

******* Cyanea mceldowneyi Haha ...... U.S.A.(HI) ...... Campanulaceae ..... E 467 17.96(a) NA

******* Cyrtandra munroi ..... Ha`iwale ...... U.S.A.(HI) ...... Gesneriaceae ...... E 467 17.96(a) NA

******* Dubautia plantaginea Na`ena`e ...... U.S.A.(HI) ...... Asteraceae ...... E 666 17.96(a) NA ssp. humilis ......

******* Flueggea Mehamehame ...... U.S.A.(HI) ...... Euphorbiaceae ...... E 559 17.96(a) NA neowawraea.

******* Geranium arboreum Hawaiian red-flow- U.S.A.(HI) ...... Geraniaceae ...... E 465 17.96(a) NA ered Geranium. Geranium Nohoanu ...... U.S.A.(HI) ...... Geraniaceae ...... E 467 17.96(a) NA multiflorum.

******* Hedyotis coriacea .... Kio`ele ...... U.S.A.(HI) ...... Rubiaceae ...... E 467 17.96(a) NA

******* Hedyotis mannii ...... Pilo ...... U.S.A.(HI) ...... Rubiaceae ...... E 480 17.96(a) NA

******* Hesperomannia None ...... U.S.A.(HI) ...... Asteraceae ...... E 536 17.96(a) NA arborescens. Hesperomannia None ...... U.S.A.(HI) ...... Asteraceae ...... E 448 17.96(a) NA arbuscula.

******* Hibiscus Ma`o hau hele ...... U.S.A.(HI) ...... Malvaceae ...... E 559 17.96(a) NA brackenridgei.

******* Ischaemum byrone .. Hilo ischaemum ...... U.S.A.(HI) ...... Poaceae ...... E 532 17.96(a) NA

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79237

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

******* Kanaloa Kohe malama U.S.A.(HI) ...... Fabaceae ...... E 666 17.96(a) NA kahoolawensis. malama o kanaloa.

******* Lipochaeta Nehe ...... U.S.A.(HI) ...... Asteraceae ...... E 467 17.96(a) NA kamolensis.

******* Lysimachia lydgatei None ...... U.S.A.(HI) ...... Primulaceae ...... E 467 17.96(a) NA

******* Mariscus None ...... U.S.A.(HI) ...... Cyperaceae ...... E 559 17.96(a) NA pennatiformis.

******* Melicope Alani ...... U.S.A.(HI) ...... Rutaceae ...... E 565 17.96(a) NA adscendens.

******* Melicope knudsenii .. Alani ...... U.S.A.(HI) ...... Rutaceae ...... E 530 17.96(a) NA

******* Melicope (= Pelea).. Alani ...... U.S.A.(HI) ...... Rutaceae ...... E 467 17.96(a) NA mucronulata)

******* Neraudia sericea ..... None ...... U.S.A.(HI) ...... Urticaceae ...... E 559 17.96(a) NA

******* Peucedanum Makou ...... U.S.A.(HI) ...... Apiaceae ...... T 530 17.96(a) NA sandwicense.

******* Phyllostegia mollis ... None ...... U.S.A.(HI) ...... Lamiaceae ...... E 448 17.96(a) NA

******* Plantago princeps .... Laukahi kuahiwi ...... U.S.A.(HI) ...... Plantaginaceae ...... E 559 17.96(a) NA Platanthera holochila None ...... U.S.A.(HI) ...... Orchidaceae ...... E 592 17.96(a) NA

******* Remya mauiensis .... Maui remya ...... U.S.A.(HI) ...... Asteraceae ...... E 413 17.96(a) NA

******* Sanicula purpurea ... None ...... U.S.A.(HI) ...... Apiaceae ...... E 592 17.96(a) NA

******* Sesbania tomentosa Ohai ...... U.S.A.(HI) ...... Fabaceae ...... E 559 17.96(a) NA

******* Spermolepis None ...... U.S.A.(HI) ...... Apiaceae ...... E 559 17.96(a) NA hawaiiensis.

******* Tetramolopium Pamakani ...... U.S.A.(HI) ...... Asteraceae ...... E 555 17.96(a) NA capillare.

******* Vigna o-wahuensis .. None ...... U.S.A.(HI) ...... Fabaceae ...... E 559 17.96(a) NA

******* Zanthoxylum A`e ...... U.S.A.(HI) ...... Rutaceae ...... E 532 17.96(a) NA hawaiiense.

******* FERNS AND ALLIES

******* Ctenitis squamigera Pauoa ...... U.S.A.(HI) ...... Dryopteridaceae ..... E 553 17.96(a) NA

******* Diellia erecta ...... Asplenium-leaved U.S.A.(HI) ...... Aspleniaceae ...... E 559 17.96(a) NA diellia.

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79238 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

******* Diplazium None ...... U.S.A.(HI) ...... Aspleniaceae ...... E 553 17.96(a) NA molokaiense.

******* Phlegmariurus Wawae`iole ...... U.S.A.(HI) ...... Lycopodiaceae ...... E 467 17.96(a) NA (Lycopodium, =Huperzia) mannii.

******* Pteris lidgatei ...... None ...... U.S.A.(HI) ...... Adiantaceae ...... E 553 17.96(a) NA

*******

3. In § 17.96, as proposed to be contain the legal descriptions of the Therefore, these features or structures amended at 65 FR 66865, November 7, critical habitat units designated for each are not included in the critical habitat 2000, add introductory text to paragraph of the Hawaiian islands. Existing designation. (a)(1)(i), add paragraph (a)(1)(i)(C) and features and structures within proposed * * * * * (a)(1)(i)(D), and revise paragraphs areas, such as buildings, roads, (C) Maui. Critical habitat units are (a)(1)(ii)(A) and (a)(1)(ii)(B) to read as aqueducts, telecommunication described below. Coordinates are in follows: equipment, arboreta and gardens, heiaus UTM Zone 4 with units in meters using § 17.96 Critical habitat—plants. (indigenous place of worship, shrine), North American Datum of 1983 and other man-made features, do not (NAD83). The following map shows the (a) * * * contain, and are not likely to develop, general locations of the 52 critical (1) * * * the constituent elements described for habitats units designated on the island (i) Maps and critical habitat unit each species in paragraphs (a)(1)(ii)(A) of Maui. descriptions. The following sections and (a)(1)(ii)(B) of this section. Note: Map Follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79239

Critical Habitat Maui A (49 ha; 121 ac) Critical Habitat Maui B (67 ha; 166 ac) Critical Habitat Maui C (144.1 ha; 357.3 ac) Unit consists of the following seven Unit consists of the following nine boundary points and the intermediate boundary points and the intermediate Area consists of the following seven coastline: 750633, 2326772; 750456, coastline: 751694, 2325923; 751701, points and intermediate coastline: Start 2326683; 750130, 2326703; 749888, 2325885; 751529, 2325612; 751186, approximately at the coastline at UTM 2326884; 749886, 2327030; 749750, 2325473; 750835, 2325553; 750612, coordinate 754097, 2324739; 753959, 2327258; 749774, 2327433. 2325770; 750532, 2326078; 750587, 2324610; 753471, 2324616; 753034, 2326375; 750748, 2326531. 2325110; 752505, 2325093; 751841, Note: Map follows: 2325621; 751777, 2325920. Note: Map follows: NOTE: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79240 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui D (45 ha; 111 ac) Critical Habitat Maui E (79 ha; 194 ac) Critical Habitat Maui F (61 ha; 150 ac)

Unit consists of the following nine Unit consists of the following eight Unit consists of the following seven boundary points and the intermediate boundary points and the intermediate boundary points and the intermediate coastline: 755603, 2323416; 755458, coastline: 757806, 2319806; 757685, coastline: 758780, 2318541; 758624, 2323375; 755192, 2323407; 755029, 2319625; 757377, 2319478; 756960, 2318378; 758239, 2318333; 757873, 2323524; 755023, 2323623; 754989, 2319544; 756704, 2319914; 756704, 2318527; 757741, 2318914; 757835, 2323720; 754905, 2323851; 754823, 2320323; 756970, 2320617; 757205, 2319306; 758062, 2319448. 2323887; 754754, 2323893. 2320672. Note: Map follows: NOTE: Map follows: NOTE: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79241

Critical Habitat Maui G (1 ha; 2 ac) Critical Habitat Maui H (42 ha; 104 ac) Critical Habitat Maui I (0.1 ha; 0.3 ac)

Unit consists of the entire island, Unit consists of the following five Unit consists of the entire island, located at UTM coordinate 794211, boundary points and the intermediate located at UTM coordinate 800254, 2310986. coastline: 798775, 2308545; 798511, 2305748. 2308422; 798109, 2308552; 797895, Note: Map follows: 2308879; 797900, 2309107. Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79242 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui J (63 ha; 157 ac) Critical Habitat Maui K (61 ha; 150 ac) Critical Habitat Maui L (50 ha; 124 ac) Unit consists of the following six Unit consists of the following twelve Unit consists of the following nine boundary points and the intermediate boundary points and the intermediate boundary points and the intermediate coastline: 802363, 2305610; 802394, coastline: 808655, 2303467; 808652, coastline: 811990, 2301607; 811819, 2305272; 802072, 2304901; 801579, 2303423; 808501, 2303430; 808499, 2301595; 811486, 2301731; 811327, 2303256; 808577, 2303146; 808506, 2304862; 801251, 2305132; 801206, 2302067; 811331, 2302315; 811456, 2303006; 808369, 2302880; 808087, 2305331. 2302318; 811455, 2302431; 811419, 2302805; 807783, 2302870; 807561, 2302481; 811458, 2302548. Note: Map follows: 2303089; 807460, 2303384; 807518, 2303589. Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79243

Critical Habitat Maui M (14.3 ha; 35.7 Critical Habitat Maui N (115 ha; 284 ac) Critical Habitat Maui O (278 ha; 688 ac) ac) Unit consists of the following nine Unit consists of the following eight Unit consists of the following eight boundary points: 786248, 2282907; boundary points: 771668, 2295517; boundary points and the intermediate 786554, 2282957; 786936, 2282772; 772176, 2295586; 772539, 2295263; coastline: 814158, 2297468; 814095, 2297500; 814187, 2297634; 814242, 787107, 2282321; 786893, 2281864; 772790, 2293479; 772527, 2293084; 2297672; 814116, 2297928; 814198, 786401, 2281705; 785985, 2281950; 772026, 2292986; 771623, 2293297; 2297932; 814268, 2297968; 814303, 785844, 2282345; 785967, 2282728. 771351, 2295136. 2298064. Note: Map follows: Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79244 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui P (58 ha; 144 ac) Critical Habitat Maui Q (2,338 ha; 5,791 Unit consists of the following thirteen ac) boundary points: 748750, 2315870; Unit consists of the following sixty- 748926, 2315818; 749219, 2315615; five boundary points: 750771, 2312124; 749336, 2315565; 749244, 2315410; 748854, 2315265; 748457, 2315426; 750790, 2311697; 750578, 2311354; 748247, 2315790; 748306, 2316197; 751367, 2310653; 752118, 2310799; 748486, 2316360; 748551, 2316304; 753695, 2310630; 754534, 2311735; 748584, 2316209; 748668, 2316115. 755091, 2312174; 755559, 2312225; 756008, 2311720; 755784, 2311189; Note: Map follows: 755248, 2310771; 754859, 2310651; 754315, 2310226; 755033, 2308654; 755940, 2308099; 756110, 2307598; 755825, 2307180; 755406, 2307098; 754741, 2307185; 754188, 2307390; 753983, 2307802; 753340, 2307955; 753129, 2308088; 753088, 2308412; 753261, 2308676; 752903, 2309029; 752695, 2309644; 750916, 2309529; 750598, 2309792; 750316, 2309596; 750439, 2309356; 750292, 2308660; 750320, 2308277; 750095, 2307938; 751915, 2307054; 752216, 2306733; 752165, 2306253; 751768, 2305894; 751845, 2305755; 751784, 2304903; 751556, 2304475; 751223, 2304157; 750736, 2304202; 750467, 2304503; 750289, 2305559; 750449, 2306075; 750805, 2306520; 749621, 2306816; 749314, 2307195; 749385, 2307517; 748814, 2307874; 748699, 2308271; 748949, 2308977; 749251, 2309111; 749218, 2309383; 748891, 2309495; 748997, 2310228; 749635, 2310991; 749876, 2310977; 749988, 2311296; 749540, 2311646; 749543, 2312185; 749873, 2312535; 750410, 2312543. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79245

Critical Habitat Maui R (299.1 ha; 740.3 Critical Habitat Maui S (143 ha; 354 ac) Critical Habitat Maui T (580 ha; 1,436 ac) ac) Unit consists of the following thirteen Unit consists of the following twenty- boundary points: 752751, 2317904; Unit consists of the following fifteen one boundary points: 752540, 2314961; 753106, 2318187; 753571, 2317718; boundary points: 753246, 230584; 752773, 2314883; 752997, 2314576; 752995, 2314200; 753348, 2314121; 753990, 2317221; 753879, 2317115; 753238, 2306579; 753759, 2306849; 753615, 2313849; 753691, 2313211; 753513, 2316860; 753439, 2316618; 754750, 2306605; 755757, 2305428; 753468, 2312810; 753085, 2312694; 753273, 2316414; 752929, 2316198; 755763, 2305006; 754900, 2303806; 752612, 2312832; 751992, 2312757; 752932, 2316027; 752839, 2315991; 753297, 2303611; 752908, 2303851; 751497, 2313211; 751524, 2313557; 752670, 2316256; 752869, 2316683. 752785, 2304448; 753174, 2304779; 753962, 2304969; 754581, 2304970; 751582, 2313614; 751746, 2313692; Note: Map follows: 751933, 2314010; 752006, 2314036; 754515, 2305458; 753623, 2305561. 752164, 2313975; 752394, 2314306; Note: Map follows: 752308, 2314642; 752358, 2314769. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79246 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui U (120 ha; 298 ac) Critical Habitat Maui V (103 ha; 255 ac) Critical Habitat Maui W (69 ha; 172 ac) Unit consists of the following seven Unit consists of the following ten Unit consists of the following twenty- boundary points: 744526, 2312185; boundary points: 758083, 2305035; one boundary points: 750403, 2314584; 744948, 2311845; 745071, 2311334; 758421, 2304900; 758346, 2304479; 750470, 2313939; 750431, 2313836; 744655, 2310891; 744008, 2310932; 758653, 2304334; 758566, 2304050; 750429, 2313611; 750465, 2313493; 750581, 2313305; 750705, 2313201; 743776, 2311456; 743947, 2311954. 758222, 2303804; 757824, 2303841; 750756, 2313045; 750814, 2312992; 757517, 2304094; 757436, 2304539; Note: Map follows: 750650, 2312902; 750660, 2312967; 757665, 2304897. 750541, 2313163; 750455, 2313243; Note: Map follows: 750267, 2313325; 750046, 2313596; 749865, 2313788; 749906, 2313905; 750108, 2314098; 749945, 2314364; 749932, 2314648; 750027, 2314876. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79247

Critical Habitat Maui X (204 ha; 505 ac) Critical Habitat Maui Y (116 ha; 287 ac) Critical Habitat Maui Z (115 ha; 284 ac) Unit consists of the following nine Unit consists of the following eight Unit consists of the following nine boundary points: 747781, 2306743; boundary points: 755267, 2319597; boundary points: 754334, 2318638; 748893, 2306503; 749197, 2306248; 755686, 2319662; 756061, 2319419; 754726, 2318445; 754908, 2318033; 749279, 2305850; 749084, 2305460; 756179, 2318978; 755912, 2318493; 754740, 2317636; 754431, 2317403; 748688, 2305318; 747967, 2305419; 755321, 2318439; 754959, 2318795; 754002, 2317451; 753690, 2317749; 747371, 2305769; 747379, 2306377. 754947, 2319319. 753658, 2318167; 753894, 2318536. Note: Map follows: Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79248 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui Aa (74.3 ha; 183.7 Critical Habitat Maui Bb (352 ha; 872 ac) Critical Habitat Maui Cc (117 ha; 290 ac) ac) Unit consists of the following eight Unit consists of the following seven Unit consists of the following twelve boundary points: 786494, 2305496; boundary points: 789332, 2303848; boundary points: 751685, 2317244; 787116, 2305481; 788158, 2304306; 789877, 2303630; 789978, 2303093; 751861, 2317323; 752265, 2317256; 788186, 2303838; 787832, 2303458; 789690, 2302650; 789130, 2302572; 752494, 2316959; 752538, 2316661; 752442, 2316337; 752076, 2316112; 786315, 2303459; 785903, 2303731; 788734, 2302992; 788804, 2303568. 785907, 2304339. 751770, 2316146; 751858, 2316497; Note: Map follows: 751827, 2316694; 751730, 2317048; Note: Map follows: 751671, 2317144. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79249

Critical Habitat Maui Dd (213 ha; 528 Critical Habitat Maui Ee (188 ha; 466 ac) Critical Habitat Maui Ff (119 ha; 295 ac) ac) Unit consists of the following eleven Unit consists of the following seven Unit consists of the following eight boundary points: 796711, 2295634; boundary points: 797202, 2301058; boundary points: 789799, 2305535; 796710, 2295635; 795482, 2296515; 797754, 2300721; 797684, 2300057; 790790, 2304877; 790965, 2304501; 795599, 2296973; 796086, 2297177; 797349, 2299792; 796752, 2299869; 790745, 2304009; 790234, 2303824; 796536, 2297003; 796794, 2296434; 796501, 2300323; 796630, 2300861. 789107, 2304563; 789014, 2305084; 797172, 2296594; 797523, 2296403; 789332, 2305496. 797594, 2295645. Note: Map follows: Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79250 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui Gg (177 ha; 438 ac) Critical Habitat Maui Hh (117 ha; 290 Critical Habitat Maui Ii (879 ha; 2,177 ac) ac) Unit consists of the following eight boundary points: 800493, 2300503; Unit consists of the following eight Area consists of the following 800980, 2300308; 801139, 2299872; boundary points: 802095, 2299801; seventeen boundary points: 805238, 800770, 2298929; 800273, 2298755; 802425, 2299477; 802436, 2298965; 2298452; 805576, 2298173; 806413, 2298749; 806900, 2298797; 807464, 799837, 2298965; 799657, 2299406; 802041, 2298606; 801503, 2298668; 2298080; 808649, 2297831; 808888, 800037, 2300287. 801221, 2299078; 801288, 2299532; 2297229; 808802, 2296455; 808162, 801656, 2299847. Note: Map follows: 2295863; 807311, 2295538; 806298, Note: Map follows: 2295949; 805380, 2297248; 804885, 2297212; 804541, 2297354; 804363, 2297678; 804389, 2298093; 804817, 2298473. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79251

Critical Habitat Maui Jj (93 ha; 230 ac) Critical Habitat Maui Kk (144 ha; 357 Critical Habitat Maui Ll (45 ha; 111 ac) ac) Area consists of the following seven Unit consists of the following five boundary points: 799552, 2290323; Area consists of the following eleven boundary points: 783589, 2296659; 799747, 2289854; 799568, 2289425; boundary points: 801153, 2290510; 784000, 2296654; 784967, 2296159; 799156, 2289228; 798721, 2289360; 801442, 2289674; 801609, 2289474; 784832, 2295889; 783494, 2296508. 801598, 2289363; 801378, 2289110; 798574, 2289611; 798604, 2290076. 800998, 2288986; 800631, 2289145; Note: Map follows: Note: Map follows: 800196, 2289818; 800288, 2290244; 800574, 2290492; 800729, 2290430. Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79252 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui Mm (167 ha; 413 Critical Habitat Maui Nn (692 ha; 1,714 Critical Habitat Maui Oo (116 ha; 287 ac) ac) ac) Unit consists of the following seven Unit consists of the following thirteen Unit consists of the following eight boundary points: 782830, 2294931; boundary points: 781075, 2293492; boundary points: 783432, 2289367; 783011, 2294575; 782534, 2293852; 781722, 2293238; 781873, 2292610; 783891, 2289477; 784355, 2289252; 780491, 2291044; 780607, 2290475; 781957, 2293641; 781364, 2294063; 784455, 2288843; 784320, 2288448; 781404, 2290215; 781633, 2289724; 781685, 2294761; 782208, 2295353. 783896, 2288229; 783412, 2288353; 781347, 2289152; 780735, 2289097; 783182, 2288863. Note: Map follows: 778589, 2291163; 778569, 2291767; 779128, 2292134; 779587, 2291948. Note: Map follows: Note: Map follows:

VerDate 112000 19:00 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79253

Critical Habitat Maui Pp (113 ha; 280 ac) Critical Habitat Maui Qq (973 ha; 2,410 Critical Habitat Maui Rr (115 ha; 285 ac) ac) Unit consists of the following nine Unit consists of the following nine boundary points: 779224, 2288833; Area consists of the following nine boundary points: 790276, 2288397; 779613, 2288669; 779777, 2288242; boundary points: 788449, 2289678; 790690, 2288169; 790792, 2287741; 788781, 2288670; 788991, 2287745; 779648, 2287836; 779274, 2287608; 790666, 2287391; 790310, 2287180; 786579, 2286901; 785388, 2286272; 778821, 2287681; 778552, 2288052; 789926, 2287204; 789627, 2287483; 784631, 2286272; 783991, 2287256; 778584, 2288508; 778865, 2288759. 789552, 2287894; 789817, 2288315. 784711, 2288228; 785979, 2288989. Note: Map follows: Note: Map follows: Note: Map follows:

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79254 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui Ss (1,924 ha; 4,766 Critical Habitat Maui Tt (114 ha; 282 ac) Critical Habitat Maui Uu (121 ha; 300 ac) ac) Unit consists of the following nine Area consists of the following twenty- boundary points: 774319, 2281799; Unit consists of the following seven five boundary points: 780501, 2286848; 774618, 2281476; 774669, 2281046; boundary points: 769955, 2294333; 780927, 2286422; 780770, 2285354; 774382, 2280688; 773988, 2280597; 770473, 2294204; 770702, 2293706; 779731, 2285040; 779466, 2283384; 779123, 2283100; 777373, 2283047; 773613, 2280770; 773436, 2281145; 770473, 2293188; 769886, 2293079; 776807, 2281254; 776345, 2281058; 773519, 2281543; 773869, 2281811. 769428, 2293417; 769448, 2294075. 775844, 2281254; 775677, 2281738; Note: Map follows: Note: Map follows: 775731, 2282933; 773830, 2283419; 772456, 2283024; 772033, 2283419; 772016, 2283883; 772325, 2284261; 773463, 2284406; 775419, 2285365; 776282, 2285216; 776574, 2285704; 777509, 2285789; 777862, 2285268; 779290, 2285366; 779854, 2286823. Note: Map follows:

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79255

Critical Habitat Maui Vv (77 ha; 190 ac) Critical Habitat Maui Ww (133 ha; 329 Critical Habitat Maui Xx (60 ha; 149 ac) ac) Area consists of the following six Unit consists of the following seven points and intermediate coastline: Area consists of the following eight boundary points: 746756, 2318265; 771083, 2278155; 771319, 2278521; boundary points: 780044, 2283292; 746358, 2317155; 746152, 2317238; 780309, 2283700; 780996, 2283798; 771790, 2278629; 772219, 2278359; 745959, 2317483. 745933, 2317923; 781368, 2283449; 781414, 2282999; 772290, 2277919; 772238, 2277802. 746230, 2318270; 746618, 2318351. 781117, 2282618; 780439, 2282530; Note: Map follows: 780114, 2282850. Note: Map follows: Note: Map follows:

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79256 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Critical Habitat Maui Yy (1,118 ha; Critical Habitat Maui Zz (118 ha; 292 ac) 12,769 ac) Unit consists of the following seven Unit consists of the following seven boundary points: 746920, 2312344; boundary points: 774248, 2289989; 747339, 2312013; 747462, 2311502; 776203, 2289741; 777204, 2289104; 747063, 2311063; 746450, 2311101; 777136, 2288299; 775497, 2286508; 746173, 2311638; 746338, 2312122. 773256, 2285420; 772970, 2285926. Note: Map follows: Note: Map follows:

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79257

TABLE (A)(1)(I)(C).ÐPROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT ON MAUI

Unit name Species

Maui A ...... Sesbania tomentosa. Maui B ...... Sesbania tomentosa. Maui C ...... Sesbania tomentosa. Maui D ...... Centaurium sebaeoides and Sesbania tomentosa. Maui E ...... Centaurium sebaeoides. Maui F ...... Centaurium sebaeoides. Maui G ...... Ischaemum byrone and Peucedanum sandwicense. Maui H ...... Ischaemum byrone. Maui I ...... Ischaemum byrone. Maui J ...... Mariscus pennatiformis. Maui K ...... Ischaemum byrone. Maui L ...... Ischaemum byrone. Maui M ...... Ischaemum byrone. Maui N ...... Lipochaeta kamolensis. Maui O ...... Bonamia menziesii and Hibiscus brackenridgei. Maui P ...... Clermontia oblongifolia ssp. mauiensis. Maui Q ...... Alectryon macrococcus, Ctenitis squamigera, Cyanea glabra, Cyanea grimesiana ssp. grimesiana, Cyanea lobata, Diellia erecta, Dubautia plantaginea ssp. humilis, Hedyotis mannii, Hesperomannia arbuscula, Lysimachia lydgatei, Phlegmariurus mannii, Plantago princeps, Pteris lidgatei, Sanicula purpurea, and Tetramolopium capillare. Maui R ...... Hesperomannia arbuscula and Sanicula purpurea. Maui S ...... Sanicula purpurea. Maui T ...... Ctenitis squamigera, Diellia erecta, Neraudia sericea, Platanthera holochila, and Remya mauiensis. Maui U ...... Spermolepis hawaiiensis. Maui V ...... Hibiscus brackenridgei. Maui W ...... Phlegmariurus mannii and Sanicula purpurea. Maui X ...... Hedyotis coriacea, Hibiscus brackenridgei, Sesbania tomentosa, and Spermolepis hawaiiensis. Maui Y ...... Cyrtandra munroi. Maui Z ...... Hesperomannia arborescens. Maui Aa ...... Pteris lidgatei. Maui Bb ...... Cyanea copelandii ssp. haleakalaensis and Cyanea mceldowneyi. Maui Cc ...... Cyanea hamatiflora ssp. hamatiflora. Maui Dd ...... Cyanea hamatiflora ssp. hamatiflora and Cyanea mceldowneyi. Maui Ee ...... Geranium multiflorum. Maui Ff ...... Cyanea hamatiflora ssp. hamatiflora. Maui Gg ...... Cyanea copelandii ssp. haleakalaensis and Cyanea mceldowneyi. Maui Hh ...... Clermontia samuelii and Cyanea mceldowneyi. Maui Ii ...... Clermontia samuelii. Maui Jj ...... Phlegmariurus mannii. Maui Kk ...... Cyanea hamatiflora ssp. hamatiflora and Phlegmariurus mannii. Maui Ll ...... Geranium arboreum. Maui Mm ...... Geranium arboreum. Maui Nn ...... Geranium arboreum. Maui Oo ...... Bidens micrantha ssp. kalealaha. Maui Pp ...... Geranium arboreum. Maui Qq ...... Bidens micrantha ssp. kalealaha; Clermontia lindseyana, Diellia erecta, Diplazium molokaiense, Neraudia sericea, Phlegmariurus mannii, and Phyllostegia mollis. Maui Rr ...... Alectryon macrococcus. Maui Ss ...... Alectryon macrococcus, Bonamia menziesii, Cenchrus agrimonioides, Colubrina oppositifolia, Flueggea neowawraea, Melicope adscendens, Melicope knudsenii, Melicope mucronulata, Spermolepis hawaiiensis, and Zanthoxylum hawaiiense. Maui Tt ...... Sesbania tomentosa. Maui Uu ...... Hibiscus brackenridgei. Maui Vv ...... Vigna o-wahuensis. Maui Ww ...... Flueggea neowawraea. Maui Xx ...... Ctenitis squamigera. Maui Yy ...... Clermontia lindseyana. Maui Zz ...... Ctenitis squamigera.

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79258 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

(D) Kahoolawe. Critical habitat units Critical Habitat Kahoolawe B (38 ha; 94 Critical Habitat Kahoolawe C (50 ha; 124 are described below. Coordinates are in ac) ac) UTM Zone 4 with units in meters using North American Datum of 1983 Unit consists of the following five Unit consists of the following five (NAD83). boundary points: 749258, 2270360; boundary points: 741673, 2269672; 749316, 2270548; 749609, 2270771; 741903, 2269761; 742323, 2269587; Critical Habitat Kahoolawe A (5 ha; 12 749934, 2270789; 750070, 2270730. 742526, 2269182; 742449, 2268925. ac) Unit consists of the entire islet, Note: Map follows: Note: Map follows: located at UTM coordinate 749248, 2269914. Note: Map follows:

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79259

Critical Habitat Kahoolawe D (114 ha; Family Apiaceae: Peucedanum Family Apiaceae: Spermolepis 282 ac) sandwicense (makou) hawaiiensis (No Common Name) Unit consists of the following eight i. Kauai F, G, I, and M, identified in i. Kauai B and I, identified in the legal boundary points: 745602, 2274210; the legal descriptions in paragraph descriptions in paragraph (a)(1)(i)(A) of this section, constitute critical habitat 745392, 2273720; 744942, 2273560; (a)(1)(i)(A) of this section, constitute for Spermolepis hawaiiensis on Kauai. 744467, 2273770; 744329, 2274239; critical habitat for Peucedanum Within these units, the currently known 744543, 2274682; 744977, 2274799; sandwicense on Kauai. Within these 745382, 2274666. primary constituent elements of critical units, the currently known primary habitat are habitat components that Note: Map follows: constituent elements of critical habitat provide: (1) Metrosideros polymorpha are habitat components that provide: (1) forests or Dodonaea viscosa lowland dry Cliff habitats (a) in mixed shrub coastal shrubland containing one or more of the dry cliff communities or diverse mesic following associated plant species: forest and (b) containing one or more of Eragrostis variabilis, Bidens the following associated native plant sandvicensis, Schiedea spergulina, species: Hibiscus kokio, Brighamia Lipochaeta sp., Cenchrus insignis, Bidens sp., Artemisia sp., agrimonioides, Sida fallax, Doryopteris Lobelia niihauensis, sp., or Gouania hillebrandii; and (2) gymnoxiphium, Canthium odoratum, elevations of about 305 to 610 m (1,000 Dodonaea viscosa, Psychotria sp., to 2,000 ft). Acacia koa, Kokio kauaiensis, Carex ii. Maui units U and Ss, identified in meyenii, Panicum lineale, Chamaesyce the legal descriptions in paragraph celastroides, Eragrostis sp., Diospyros (a)(1)(i)(C) of this section, constitute sp., or Metrosideros polymorpha; and critical habitat for Spermolepis (2) elevations from sea level to above hawaiiensis on Maui. Within these units 915 m (3,000 ft). the currently known primary constituent elements of critical habitat ii. Maui unit G, identified in the legal for Spermolepis hawaiiensis on Maui description in paragraph (a)(1)(i)(C) of are the habitat components that provide: this section, of this section constitutes (1) Shady spots (a) in Dodonaea viscosa critical habitat for Peucedanum lowland dry shrubland and (b) sandwicense on Maui. Within this unit containing one or more of the following the currently known primary associated native species: Eragrostis constituent elements of critical habitat variabilis, Wikstroemia sp., Erythrina for Peucedanum sandwicense on Maui sandwicensis, Diospyros sp., Pleomele are habitat components that provide: (1) sp., Lipochaeta livarum, Sida fallax, cliff habitats containing one or more of Myoporum sandwicensis, Santalum the following associated native species: ellipticum, or Heteropogon contortus; Chamaesyce sp., Eragrostis sp., and (2) elevations of 300 to 550 m (980 Diospyros sp., or Metrosideros to 1,800 ft). polymorpha; and (2) elevations from sea Family Apocynaceae: Pteralyxia level to above 900 m (2,950 ft). kauaiensis (Kaulu) Family Apiaceae: Sanicula purpurea Kauai F, G, I, M, Q, T, and U, (No Common Name) identified in the legal descriptions in paragraph (a)(1)(i)(A) of this section, Maui units Q, R, S, and W, identified constitute critical habitat for Pteralyxia in the legal descriptions in paragraph kauaiensis on Kauai. Within these units, (a)(1)(i)(C) of this section, constitute the currently known primary critical habitat for Sanicula purpurea on constituent elements of critical habitat Maui. Within these units the currently are habitat components that provide: (1) known primary constituent elements of Diverse mesic or wet forests containing critical habitat for Sanicula purpurea on one or more of the following associated Maui are the habitat components that plant taxa: Pisonia sandwicensis, TABLE (A)(1)(I)(D).ÐPROTECTED SPE- provide: (1) Open Metrosideros haeleeleana, Charpentiera CIES WITHIN EACH CRITICAL HABI- polymorpha mixed montane bogs elliptica, Pipturus sp., Neraudia TAT UNIT ON KAHOOLAWE containing one or more of the following kauaiensis, Hedyotis terminalis, associated plant taxa: Styphelia Pritchardia sp., remyi, Unit name Species tameiameiae, Gahnia beechyi, Syzygium sp., Pleomele sp., Cyanea sp., Geranium humile, Myrsine vaccinioides, Hibiscus sp., , Kahoolawe A Sesbania tomentosa. Viola mauiensis, Argyroxiphium Alectryon macrococcus, Canthium Kahoolawe B Kanaloa kahoolawensis. caliginis, Plantago pachyphylla, odoratum, Nestegis sandwicensis, Bobea Kahoolawe C Vigna o-wahuensis. timonioides, Rauvolfia sandwicensis, Kahoolawe D Vigna o-wahuensis. Lycopodium sp., Argyroxiphium grayanum, Lagenifera mauiensis, Nesoluma polynesicum, Myrsine lanaiensis, Caesalpinia kauaiensis, (ii) Hawaiian plants—Constituent Machaerina sp., or Oreobolus furcatus; and (2) elevations between 1,000 and Tetraplasandra sp., Acacia koa, elements. Styphelia tameiameiae, Dodonaea 1,620 m (3,280 and 5,330 ft). (A) Flowering plants. viscosa, Gahnia sp., Freycinetia arborea,

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79260 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Psychotria mariniana, Diplazium these units, the currently known ridges (a) in lowland mesic or wet forest sandwichianum, Zanthoxylum primary constituent elements of critical and (b) containing one or more of the dipetalum, Carex sp., Delissea sp., habitat are habitat components that following associated native plant Xylosma hawaiiense, Alphitonia provide: (1) Gentle or steep slopes on species: Metrosideros polymorpha, ponderosa, , well drained soil in (a) semi-open or Myrsine sandwicensis, Isachne Antidesma sp., Diospyros sp., closed, diverse montane mesic forest distichophylla, Pipturus sp., Antidesma Metrosideros polymorpha, Dianella dominated by Acacia koa and/or sp., Psychotria sp., Clermontia sp., sandwicensis, Poa sandwicensis, Metrosideros polymorpha and (b) Cibotium sp., Dicranopteris linearis, Schiedea stellarioides, Peperomia containing one or more of the following Bobea sp., Coprosma sp., Sadleria sp., macraeana, Claoxylon sandwicense, or native plant species: Pouteria Melicope sp., Machaerina sp., Pouteria sandwicensis; and (2) sandwicensis, Dodonaea viscosa, Cheirodendron sp., or Freycinetia elevations between 250 to 610 m (820 to Nestegis sandwicensis, Diplazium arborea; and (2) elevations between 360 2,000 ft). sandwichianum, bifidus, and 750 m (1,180 and 2,460 ft). Claoxylon sandwicense, Bobea sp., Family : Munroidendron Family Asteraceae: Hesperomannia Pleomele sp., Antidesma sp., Cyrtandra racemosum (No Common Name) arbuscula (No Common Name) sp., Xylosma sp., Alphitonia ponderosa, Kauai G, I, M, and N, identified in the Coprosma waimeae, Dicranopteris Maui units Q and R, identified in the legal descriptions in paragraph linearis, Hedyotis terminalis, Ilex legal descriptions in paragraph (a)(1)(i)(A) of this section, constitute anomala, Melicope anisata, Psychotria (a)(1)(i)(C) of this section, constitute critical habitat for Munroidendron mariniana, or Scaevola sp.; and (2) critical habitat for Hesperomannia racemosum on Kauai. Within these elevations between 800 to 1,220 m arbuscula on Maui. Within these units units the currently known primary (2,625 to 4,000 ft). the currently known primary constituent elements of critical habitat constituent elements of critical habitat are habitat components that provide: (1) Family Asteraceae: Dubautia for Hesperomannia arbuscula on Maui Steep exposed cliffs or ridge slopes (a) pauciflorula (Na‘ena‘e) are the habitat components that provide: in coastal or lowland mesic forest and Kauai L, identified in the legal (1) Slopes and ridges (a) in mesic or wet (b) containing one or more of the description in paragraph (a)(1)(i)(A) of forest dominated by Acacia koa and following associated plant taxa: Pisonia this section, description above, Metrosideros polymorpha and (b) umbellifera, Canavalia galeata, Sida constitutes critical habitat for Dubautia containing one or more of the following fallax, , Canthium pauciflorula on Kauai. Within this unit, associated native plant species: Bidens odoratum, Psychotria sp., Nestegis the currently known primary sp., Tetraplasandra sp., Alyxia sandwicensis, Tetraplasandra sp., constituent elements of critical habitat oliviformis, or Psychotria sp.; and (2) Bobea timonioides, Rauvolfia are habitat components that provide: (1) elevation between 350 to 900 m (1,150 sandwicensis, Pleomele sp., Pouteria Lowland wet forest within stream to 2,950 ft). sandwicensis, or Diospyros sp.; and (2) drainages; and (2) elevations between Family Asteraceae: Hesperomannia elevations between 120 to 400 m (395 to 670–700 m (2,200–2,300 ft). lydgatei (No Common Name) 1,310 ft). Family Asteraceae: Dubautia Kauai F, L, and P, identified in the Family Asteraceae: Bidens micrantha plantaginea ssp. humilis (Na‘ena‘e) legal descriptions in paragraph ssp. kalealaha (Ko‘oko‘olau) Maui unit Q, identified in the legal (a)(1)(i)(A) of this section, constitute Maui units Oo and Qq, identified in description in paragraph (a)(1)(i)(C) of critical habitat for Hesperomannia the legal descriptions in paragraph this section, constitutes critical habitat lydgatei on Kauai. Within these units, (a)(1)(i)(C) of this section, constitute for Dubautia plantaginea ssp. humilis the currently known primary critical habitat for Bidens micrantha on Maui. Within this unit the currently constituent elements of critical habitat ssp. kalealaha on Maui. Within these known primary constituent elements of are habitat components that provide: (1) units the currently known primary critical habitat for Dubautia plantaginea Stream banks with rich brown soil and constituent elements of critical habitat ssp. humilis on Maui are the habitat silty clay (a) in Metrosideros for Bidens micrantha ssp. kalealaha on components that provide: (1) Wet, polymorpha or Metrosideros Maui are the habitat components that barren, steep, rocky, wind-blown cliffs polymorpha-Dicranopteris linearis provide: (1) Blocky lava flows with little containing one or more of the following lowland wet forest and (b) containing or no soil development, deep pit craters, associated native plant species: one or more of the following associated or sheer rock walls (a) in open canopy Metrosideros polymorpha, Pipturus native plant species: Adenophorus sp., Metrosideros polymorpha-Acacia koa albidus, Eragrostis variabilis, Carex sp., Antidesma sp., Broussaisia arguta, forest, montane shrubland, or cliff faces; Hedyotis formosa, Lysimachia remyi, Cheirodendron sp., Elaphoglossum sp., and (b) containing one or more of the Bidens sp., Pritchardia sp., or Plantago Freycinetia arborea, Hedyotis following associated native plant princeps; and (2) elevations between terminalis, Labordia lydgatei, species: Styphelia tameiameiae, 350 to 400 m (1,150 to 1,300 ft). Machaerina angustifolia, Peperomia sp., Coprosma montana, Dodonaea viscosa, Pritchardia sp., Psychotria hexandra, Family Asteraceae: Hesperomannia Lysimachia remyi, Viola and Syzygium sandwicensis; and (2) arborescens (No Common Name) chamissoniana, Dubautia menziesii, or elevations between 410–915 m (1,345– Dubautia platyphylla; and (2) elevations Maui unit Z, identified in the legal 3,000 ft). of 1,600 to 2,300 m (5,250 to 7,550 ft). description in paragraph (a)(1)(i)(C) of this section, constitutes critical habitat Family Asteraceae: Lipochaeta fauriei Family Asteraceae: Dubautia latifolia for Hesperomannia arborescens on (Nehe) (Na‘ena‘e) Maui. Within this unit the currently Kauai G, I, and U, identified in the Kauai G and I, identified in the legal known primary constituent elements of legal descriptions in paragraph descriptions in paragraph (a)(1)(i)(A) of critical habitat for Hesperomannia (a)(1)(i)(A) of this section, constitute this section, constitute critical habitat arborescens on Maui are the habitat critical habitat for Lipochaeta fauriei on for Dubautia latifolia on Kauai. Within components that provide: (1) Slopes or Kauai. Within these units, the currently

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79261 known primary constituent elements of var. hanapepensis, Neraudia Diplazium sandwichianum, Lysimachia critical habitat are habitat components kauaiensis, Rumex sp., Nontrichium sp. remyi, Microlepia strigosa, Melicope sp., that provide: (1) Moderate shade to full (kului), Artemisia sp., Dodonaea Alyxia oliviformis, Pleomele sun on the sides of steep gulches (a) in viscosa, Antidesma sp., Hibiscus sp., auwahiensis, Psychotria mariniana, diverse lowland mesic forests and (b) Xylosma sp., Pleomele sp., Melicope sp., Ctenitis squamigera, or Styphelia containing one or more of the following Bobea sp., and Acacia koa; and (2) tameiameiae; and (2) elevations native species: Diospyros sp., Myrsine elevations between 610–720 m (2,000– between 850 and 1,250 m (2,800 and lanaiensis, , 2,360 ft). 4,100 ft). Acacia koa, Pleomele aurea, Family Asteraceae: Lipochaeta Family Asteraceae: Remya montgomeryi oahuensis, Nestegis sandwicensis, waimeaensis (Nehe) (No Common Name) Dodonaea viscosa, Psychotria mariniana, Psychotria greenwelliae, Kauai B, identified in the legal Kauai G and I, identified in the legal Kokia kauaiensis, or Hibiscus waimeae; description in paragraph (a)(1)(i)(A) of descriptions in paragraph (a)(1)(i)(A) of and (2) elevations between 480 and 900 this section, constitutes critical habitat this section, constitute critical habitat m (1,575 and 2,950 ft). for Lipochaeta waimeaensis on Kauai. for Remya montgomeryi on Kauai. Within this unit, the currently known Within these units, the currently known Family Asteraceae: Lipochaeta primary constituent elements of critical primary constituent elements of critical kamolensis (Nehe) habitat are habitat components that habitat are habitat components that Maui unit N, identified in the legal provide: (1) Precipitous, shrub-covered provide: (1) Steep, north or northeast- description in paragraph (a)(1)(i)(C) of gulch (a) in diverse lowland forest and facing slopes, cliffs, or stream banks this section, constitutes critical habitat (b) containing the native species near (a) in Metrosideros for Lipochaeta kamolensis on Maui. Dodonaea viscosa or Lipochaeta polymorpha mixed mesic forest and (b) Within this unit the currently known connata; and (2) elevations between 350 containing one or more of the following primary constituent elements of critical and 400 m (1,150 and 1,310 ft). associated native plant species: habitat for Lipochaeta kamolensis on Lysimachia glutinosa, Lepidium serra, Family Asteraceae: Maui are the habitat components that Boehmeria grandis, , (No Common Name) provide: (1) Bottoms of rock ledges (a) Stenogyne campanulata, Myrsine in dry to mesic scrub or dry lowland Kauai G, I, and U, identified in the linearifolia, Bobea timonioides, Ilex forest and (b) containing one or more of legal descriptions in paragraph anomala, Zanthoxylum dipetalum, the following associated native plant (a)(1)(i)(A) of this section, constitute Claoxylon sandwicensis, species: Dodonaea viscosa, Plumbago critical habitat for Remya kauaiensis on Tetraplasandra spp., Artemisia sp., zeylanica, or Ipomoea indica; and (2) Kauai. Within these units, the currently Nototrichium sp., Cyrtandra sp., elevations between 219 to 250 m (720 to known primary constituent elements of Dubautia plantaginea, Sadleria sp., 820 ft). critical habitat are habitat components Cheirodendron sp., Scaevola sp., or that provide: (1) Steep, north or Family Asteraceae: Lipochaeta Pleomele sp.; and (2) elevations between northeast facing slopes (a) in Acacia 850 to 1,250 m (2,800 to 4,100 ft). micrantha (Nehe) koa-Metrosideros polymorpha lowland i. Kauai I and M, identified in the mesic forest and (b) containing one or Family Asteraceae: Tetramolopium legal descriptions in paragraph more of the following associated native capillare (Pamakani) (a)(1)(i)(A) of this section, constitute plant species: Chamaesyce sp., Nestegis Maui unit Q, identified in the legal critical habitat for Lipochaeta micrantha sandwicensis, Diospyros sp., Hedyotis description in paragraph (a)(1)(i)(C) of on Kauai. Within these units the terminalis, Melicope ssp., Pouteria this section, constitutes critical habitat currently known primary constituent sandwicensis, Schiedea membranacea, for Tetramolopium capillare on Maui. elements of critical habitat for Psychotria mariniana, Dodonaea Within this unit the currently known Lipochaeta micrantha var. exigua are viscosa, Dianella sandwicensis, primary constituent elements of critical habitat components that provide: (1) Tetraplasandra kauaiensis, or habitat for Tetramolopium capillare on Cliffs, ridges, or slopes (a) in grassy, Claoxylon sandwicensis; and (2) Maui are the habitat components that shrubby or dry mixed communities and elevations between 850 to 1,250 m provide: (1) Rocky substrates (a) in (b) containing one or more of the (2,800 to 4,100 ft). Heteropogon contortus lowland dry following associated native plant forest and (b) containing one or more of Family Asteraceae: Remya mauiensis species: Artemisia australis, Bidens the following associated native plants: (No Common Name) sandvicensis, Plectranthus parviflorus, Dodonaea viscosa, or Myoporum Chamaesyce celastroides, Diospyros sp., Maui unit T, identified in the legal sandwicense; or (c) in Metrosideros Canthium odoratum, Neraudia sp., description in paragraph (a)(1)(i)(C) of polymorpha-Styphelia tameiameiae Pipturus sp., Hibiscus kokio, Sida this section, constitutes critical habitat montane mesic or wet shrubland and (d) fallax, Eragrostis sp., or Lepidium for Remya mauiensis on Maui. Within containing one or more of the following bidentatum; and (2) elevations between this unit the currently known primary associated plants: Metrosideros 305–430 m (1,000–1,400 ft). constituent elements of critical habitat polymorpha, and Styphelia ii. Within these units, the currently for Remya mauiensis on Maui are the tameiameiae, and Dodonaea viscosa; known primary constituent elements of habitat components that provide: (1) and (2) elevations between 609 and critical habitat for Lipochaeta micrantha Steep, north or northeast-facing slopes 1,050 m (2,000 and 3,440 ft). var. micrantha are habitat components (a) in mixed mesophytic forests or that provide: (1) Basalt cliffs, stream Metrosideros polymorpha montane wet Family Asteraceae: banks, or level ground (a) in mesic or forests and (b) containing one or more (Dwarf Iliau) diverse Metrosideros polymorpha- of the following associated native Kauai G and J, identified in the legal Diospyros sp. forest and (b) containing species: Diospyros sandwicensis, descriptions in paragraph (a)(1)(i)(A) of one or more of the following associated Xylosma hawaiiense, Nestegis this section, constitute critical habitat native plant species: Lobelia sandwicensis, Myrsine lessertiana, for Wilkesia hobdyi on Kauai. Within niihauensis, Chamaesyce celastroides Wikstroemia sp., Dodonaea viscosa, these units, the currently known

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79262 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules primary constituent elements of critical for Clermontia oblongifolia ssp. these units, the currently known habitat are habitat components that mauiensis on Maui. Within this unit the primary constituent elements of critical provide: (1) Coastal dry cliffs or very dry currently known primary constituent habitat are habitat components that ridges containing one or more of the elements of critical habitat for provide: (1) Pockets of soil on sheer rock following associated native plant Clermontia oblongifolia ssp. mauiensis cliffs (a) in lowland wet forests and (b) species: Artemisia sp., Wilkesia on Maui are the habitat components that containing one or more of the following gymnoxiphium, Lipochaeta connata, provide: (1) The sides of ridges (a) in native plant species: Hedyotis elatior, Lobelia niihauensis, Peucedanum Metrosideros polymorpha-dominated Machaerina angustifolia, Metrosideros sandwicensis, Hibiscus kokio ssp. saint montane wet forest and (b) containing polymorpha, , or johnianus, Canthium odoratum, one or more of the following associated Urera glabra; and (2) elevations between Peperomia sp., Myoporum sandwicense, native plant species: Dicranopteris 330 to 730 m (1,080 to 2,400 ft). Sida fallax, Waltheria indica, Dodonaea linearis, Coprosma sp., Clermontia sp., Family Campanulaceae: Cyanea viscosa, or Eragrostis variabilis; and (2) Hedyotis sp., or Melicope sp.; and (2) copelandii ssp. haleakalaensis (Haha) elevations between 275 to 400 m (900 to elevations between 850 and 1,000 m 1,310 ft). (2,800 and 3,280 ft). Maui units Bb and Gg, identified in the legal descriptions in paragraph Family Campanulaceae: Brighamia Family Campanulaceae: Clermontia (a)(1)(i)(C) of this section, constitute insignis (‘Olulu) samuelii (‘Oha Wai) critical habitat for Cyanea copelandii Kauai E, G, and M, identified in the Maui units Hh and Ii, identified in the ssp. haleakalaensis on Maui. Within legal descriptions in paragraph legal descriptions in paragraph these units the currently known primary a)(1)(i)(A) of this section, and Niihau B, (a)(1)(i)(C) of this section, constitute constituent elements of critical habitat identified in the legal descriptions in critical habitat for Clermontia samuelii for Cyanea copelandii ssp. paragraph (a)(1)(i)(B) of this section, on Maui. Within these units the haleakalaensis on Maui are the habitat constitute critical habitat for Brighamia currently known primary constituent components that provide: (1) Stream insignis on Kauai and Niihau. Within elements of critical habitat for banks and wet scree slopes (a) in these units, the currently known Clermontia samuelii ssp. hanaensis on montane wet or mesic forest dominated primary constituent elements of critical Maui are the habitat components that by Acacia koa and/or Metrosideros habitat are habitat components that provide: (1) Wet Metrosideros polymorpha and (b) containing one or provide: (1) Rocky ledges with little soil polymorpha and Metrosideros more of the following associated native or steep sea cliffs (a) in lowland dry polymorpha-Dicranopteris linearis plant species: Cibotium sp, Perrottetia grasslands or shrublands with annual forest containing one or more of the sandwicensis, Psychotria hawaiiensis, rainfall that is usually less than 170 cm following associated native plant Broussaisia arguta, or Hedyotis (65 in.) and (b) containing one or more species: Tetraplasandra oahuensis, acuminata; and (2) elevations between of the following native plant species: Hedyotis terminalis, Hedyotis 730 and 1,340 m (2,400 and 4,400 ft). Artemisia sp., Chamaesyce celastroides, hillebrandii, Broussaisia arguta, Family Campanulaceae: Cyanea glabra Canthium odoratum, Eragrostis Cibotium sp., Argyroxiphium grayanum, (Haha) variabilis, Heteropogon contortus, Dubautia sp., Clermontia arborea, Hibiscus kokio, Hibiscus Psychotria mariniana, Melicope Maui unit Q, identified in the legal saintjohnianus, Lepidium serra, clusifolia, Diplazium sandwichianum, description in paragraph (a)(1)(i)(C) of Lipochaeta succulenta, Munroidendron Peperomia obovatilimba, Adenophorus this section, constitutes critical habitat racemosum, or Sida fallax; and (2) tamariscinus, Vaccinium sp., Carex for Cyanea glabra on Maui. Within this elevations between sea level to 480 m alligata, Melicope sp., or Cheirodendron unit the currently known primary (1,575 ft) elevation. trigynum; and (2) elevations between constituent elements of critical habitat 915 and 1,059 m (3,000 and 3,600 ft). for Cyanea glabra on Maui are the Family Campanulaceae: Clermontia Within these units, the currently known habitat components that provide: (1) lindseyana (‘Oha Wai) primary constituent elements of critical Soil and rock stream banks (a) in wet Maui units Qq and Yy, identified in habitat for Clermontia samuelii ssp. lowland forest and dominated by Acacia the legal descriptions in paragraph samuelii on Maui are the habitat koa and/or Metrosideros polymorpha; (a)(1)(i)(C) of this section, constitute components that provide: (1) Wet and (2) elevations from 800 to 1,340 m critical habitat for Clermontia Metrosideros polymorpha and (2,625 to 4,400 ft). lindseyana on Maui. Within these units Metrosideros polymorpha- Family Campanulaceae: Cyanea the currently known primary Cheirodendron trigynum forest and grimesiana ssp. grimesiana (Haha) constituent elements of critical habitat containing one or more of the following for Clermontia lindseyana on Maui are native plant species: Hedyotis Maui unit Q, identified in the legal the habitat components that provide: (1) hillebrandii, Cibotium sp., Broussaisia description in paragraph (a)(1)(i)(C) of Remnant Acacia koa mesic forest arguta, Diplazium sandwichianum, this section, constitutes critical habitat containing one or more of the following Rubus hawaiiensis, Clermontia for Cyanea grimesiana ssp. grimesiana associated native plant species: arborescens ssp. waihiae, Dubautia sp., on Maui. Within this unit the currently Cyrtandra oxybapha, native fern Clermontia sp., Hedyotis sp., Vaccinium known primary constituent elements of species, Phlegmariurus mannii, Ilex sp., Carex alligata, or Melicope sp.; and critical habitat for Cyanea grimesiana anomala, Coprosma sp., or Myrsine sp.; (2) elevations between 1,726 to 2,100 m ssp. grimesiana on Maui are the habitat and (2) elevations between 4,300 and (5,870 to 6,900 ft). components that provide: (1) Rocky or 7,041 ft (1,311 and 2,150 m). steep slopes of stream banks (a) in mesic Family Campanulaceae: Cyanea forest often dominated by Metrosideros Family Campanulaceae: Clermontia asarifolia (Haha) polymorpha or Metrosideros oblongifolia ssp. mauiensis (‘Oha Wai) Kauai R and T, identified in the legal polymorpha and Acacia koa and (b) Maui unit P, identified in the legal descriptions in paragraph (a)(1)(i)(A) of containing one or more of the following description in paragraph (a)(1)(i)(C) of this section, constitute critical habitat associated native plant species: this section, constitutes critical habitat for Cyanea asarifolia on Kauai. Within Antidesma sp., Bobea sp., Myrsine sp.,

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79263

Nestegis sandwicensis, Psychotria sp., trigynum; and (2) elevations between Well-drained soils with medium or fine- or Xylosma sp.; and (2) elevations 925 and 1,280 m (3,034 and 4,200 ft). textured subsoil (a) in diverse lowland between 350 and 945 m (1,150 and mesic forests or Acacia koa dominated Family Campanulaceae: Cyanea recta 3,100 ft). lowland dry forests and (b) containing (Haha) one or more of the following native Family Campanulaceae: Cyanea Kauai K, O, P, and R, identified in the species: Euphorbia haeleeleana, hamatiflora ssp. hamatiflora (Haha) legal descriptions in paragraph Psychotria hobdyi, Pisonia sp., Maui units Cc, Dd, Ff, and Kk, (a)(1)(i)(A) of this section, constitute Pteralyxia sp., Dodonaea viscosa, identified in the legal descriptions in critical habitat for Cyanea recta on Cyanea sp., Hedyotis sp., Dianella paragraph (a)(1)(i)(C) of this section, Kauai. Within these units, the currently sandwicensis, Diospyros sandwicensis, constitute critical habitat for Cyanea known primary constituent elements of Styphelia tameiameiae, or Nestegis hamatiflora ssp. hamatiflora on Maui. critical habitat are habitat components sandwicensis; and (2) elevations Within these units the currently known that provide: (1) Gulches or slopes (a) in between 120 and 915 m (400 and 3,000 primary constituent elements of critical lowland wet or mesic Metrosideros ft). polymorpha forest or shrubland and (b) habitat for Cyanea hamatiflora ssp. Family Campanulaceae: Delissea containing one or more of the following hamatiflora on Maui are the habitat rivularis (‘Oha) components that provide: (1) Montane native plant species: Dicranopteris wet forest dominated by Metrosideros linearis, Psychotria sp., Antidesma sp., Kauai G, identified in the legal polymorpha, with a Cibotium sp. and/or Cheirodendron platyphyllum, Cibotium description in paragraph (a)(1)(i)(A) of native shrub understory or closed sp., or Diplazium sp.; and (2) elevations this section, constitutes critical habitat Acacia koa-Metrosideros polymorpha between 400 to 1,200 m (1,310 to 3,940 for Delissea rivularis on Kauai. Within this unit, the currently known primary wet forest containing one or more of the ft). constituent elements of critical habitat following associated native plant Family Campanulaceae: Cyanea remyi are habitat components that provide: (1) species: Dicranopteris linearis, (Haha) Steep slopes near streams (a) in Cheirodendron trigynum, Broussaisia Kauai L, P, R, and T, identified in the Metrosideros polymorpha— arguta, Cyanea solenocalyx, Cyanea legal descriptions in paragraph Cheirodendron trigynum montane wet kunthiana, Vaccinium sp., Melicope sp., (a)(1)(i)(A) of this section, constitute or mesic forest and (b) containing one or or Myrsine sp.; and (2) elevations from critical habitat for Cyanea remyi on more of the following native plant 975 to 1,500 m (3,200 to 4,920 ft). Kauai. Within these units, the currently species: Broussaisia arguta, Carex sp., Family Campanulaceae: Cyanea lobata known primary constituent elements of Coprosma sp., Melicope clusiifolia, M. (Haha) critical habitat are habitat components anisata, Psychotria hexandra, Dubautia that provide: (1) Lowland wet forest or knudsenii, Diplazium sandwichianum, Maui unit Q, identified in the legal shrubland and containing one or more Hedyotis foggiana, Ilex anomala, or description in paragraph (a)(1)(i)(C) of of the following native plant species: Sadleria sp.; and (2) elevations between this section, constitutes critical habitat Antidesma sp., Cheirodendron sp., 1,100 to 1,220 m (3,610 to 4,000 ft). for Cyanea lobata on Maui. Within this Diospyros sp., Broussaisia arguta, unit the currently known primary Family Campanulaceae: Delissea Metrosideros polymorpha, Freycinetia constituent elements of critical habitat undulata (No Common Name) arborea, Hedyotis terminalis, for Cyanea lobata on Maui are the Machaerina angustifolia, Perrottetia Kauai G, identified in the legal habitat components that provide: (1) sandwicensis, Psychotria hexandra, or description in paragraph (a)(1)(i)(A) of Steep stream banks in deep shade (a) in Syzygium sandwicensis; and (2) this section, constitutes critical habitat wet forest and (b) containing one or elevations between 360 to 930 m (1,180 for Delissea undulata on Kauai. Within more of the following associated native to 3,060 ft). this unit, the currently known primary plant species: Touchardia latifolia, constituent elements of critical habitat Morinda trimera, or Athyrium sp.; and Family Campanulaceae: Cyanea are habitat components that provide: (1) (2) elevations of 550 to 915 m (1,800 to undulata (Haha) Dry or mesic open Sophora 3,000 ft). Kauai L, identified in the legal chrysophylla-Metrosideros polymorpha Family Campanulaceae: Cyanea descriptions in paragraph (a)(1)(i)(A) of forests containing one or more of the mceldowneyi (Haha) this section, constitutes critical habitat following native plant species: for Cyanea undulata on Kauai. Within Diospyros sandwicensis, Dodonaea Maui units Bb, Dd, Gg, and Hh, these units, the currently known viscosa, Psychotria mariniana, P. identified in the legal descriptions in primary constituent elements of critical greenwelliae, Santalum ellipticum, paragraph (a)(1)(i)(C) of this section, habitat are habitat components that , or Acacia constitute critical habitat for Cyanea provide: (1) Pristine, undisturbed sites koa; and (2) elevations between 610– mceldowneyi on Maui. Within these along shady stream banks or steep to 1,740 m (2,000–5,700 ft). units the currently known primary vertical slopes; and (2) elevations Family Campanulaceae: Lobelia constituent elements of critical habitat between 630 to 800 m (2,070 to 2,625 ft). for Cyanea mceldowneyi on Maui are niihauensis (No Common Name) the habitat components that provide: (1) Family Campanulaceae: Delissea Kauai F, G, I, and J, identified in the Montane wet forest with mixed rhytidosperma (No Common Name) legal descriptions in paragraph Metrosideros polymorpha-Acacia koa Kauai F, G, and M, identified in the (a)(1)(i)(A) of this section, constitute containing one or more of the following legal descriptions in paragraph critical habitat for Lobelia niihauensis associated native plant species: (a)(1)(i)(A) of this section, constitute on Kauai. Within these units, the Melicope clusiifolia, Hedyotis sp., critical habitat for Delissea currently known primary constituent Clermontia arborescens, Diplazium rhytidosperma on Kauai. Within these elements of critical habitat are habitat sandwichianum, Broussaisia arguta, units, the currently known primary components that provide: (1) Exposed Cibotium sp., Cyrtandra sp., constituent elements of critical habitat mesic mixed shrubland or coastal dry Dicranopteris linearis, or Cheirodendron are habitat components that provide: (1) cliffs containing one or more of the

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79264 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules following associated native plant Heliotropium sp., Chamaesyce sp., shrubland, or forest communities species: Eragrostis sp., Bidens sp., Bidens sp., Artemisia australis, Lobelia dominated by Acacia koa, Pipturus sp. Plectranthus parviflorus, Lipochaeta sp., niihauensis, Wilkesia hobdyi, or Metrosideros polymorpha and (c) Lythrum sp., Wilkesia hobdyi, Hibiscus Lipochaeta connata, Myoporum containing one or more of the following kokio ssp. saint johnianus, sandwicense, Canthium odoratum, or associated native plant species: Nototrichium sp., Schiedea Peperomia sp.; and (2) elevations Hedyotis terminalis, Melicope sp., apokremnos, Chamaesyce celastroides, between 60 to 330 m (200 to 1,080 ft). Pouteria sandwicensis, Poa mannii, Charpentiera sp., or Artemisia sp.; and Family Caryophyllaceae: Schiedea Hibiscus waimeae, Psychotria (2) elevations between 100 to 830 m helleri (No Common Name) mariniana, Canthium odoratum, (330 to 2720 ft). Pisonia sp., Perrottetia sandwicensis, Kauai I, identified in the legal Scaevola procera, Sadleria cyatheoides, Family Caryophyllaceae: Alsinidendron description in paragraph (a)(1)(i)(A) of lychnoides (Kuawawaenohu) Diplazium sandwicensis, Thelypteris this section, constitutes critical habitat sandwicensis, Boehmeria grandis, Kauai G and H, identified in the legal for Schiedea helleri on Kauai. Within Dodonaea viscosa, Myrsine sp., Bobea descriptions in paragraph (a)(1)(i)(A) of this unit, the currently known primary brevipes, Alyxia olivaeformis, this section, constitute critical habitat constituent elements of critical habitat Psychotria greenwelliae, Pleomele sp., for Alsinidendron lychnoides on Kauai. are habitat components that provide: (1) Alphitonia ponderosa, Joinvillea Within these units, the currently known Ridges and steep cliffs (a) in closed ascendens ssp. ascendens, Athyrium primary constituent elements of critical Metrosideros polymorpha-Dicranopteris sandwichianum, Machaerina habitat are habitat components that linearis montane wet forest, or angustifolia, Cyrtandra paludosa, provide: (1) Montane wet forests (a) Metrosideros polymorpha- Touchardia latifolia, Thelypteris dominated by Metrosideros polymorpha Cheirodendron sp. montane wet forest, cyatheoides, Lepidium serra, Eragrostis and Cheirodendron sp., or by or Acacia koa-Metrosideros polymorpha variabilis, Remya kauaiensis, Metrosideros polymorpha and montane mesic forest, and (b) Lysimachia kalalauensis, Labordia Dicranopteris linearis and (b) containing containing one or more of the following helleri, Mariscus pennatiformis, one or more of the following native associated native plant species: Asplenium praemorsum, or Poa plant species: Carex sp., Cyrtandra sp., Dubautia raillardioides, Scaevola sandvicensis; and (2) elevations Machaerina sp., Vaccinium sp., procera, Hedyotis terminalis, Syzygium between 520 and 1,160 m (1,700 and Peperomia sp., Hedyotis terminalis, sandwicensis, Melicope clusifolia, 3,800 ft). Astelia sp., or Broussaisia arguta; and Cibotium sp., Broussaisia arguta, (2) elevations between 1,100 and 1,320 Cheirodendron sp., Cyanea hirtella, Family Caryophyllaceae: Schiedea m (3,610 and 4,330 ft). Dianella sandwicensis, Viola nuttallii (No Common Name) wailenalenae, or Poa sandvicensis; and Family Caryophyllaceae: Alsinidendron Kauai M, identified in the legal (2) elevations between 1,065–1,100 m viscosum (No Common Name) description in paragraph (a)(1)(i)(A) of (3,490–3,610 ft). Kauai I, identified in the legal this section, constitutes critical habitat description in paragraph (a)(1)(i)(A) of Family Caryophyllaceae: Schiedea for Schiedea nuttallii on Kauai. Within this section, constitutes critical habitat kauaiensis (No Common Name) this unit, the currently known primary for Alsinidendron viscosum on Kauai. Kauai G, identified in the legal constituent elements of critical habitat Within this unit, the currently known description in paragraph (a)(1)(i)(A) of are habitat components that provide: (1) primary constituent elements of critical this section, constitutes critical habitat Diverse lowland mesic forest, often with habitat are habitat components that for Schiedea kauaiensis on Kauai. Metrosideros polymorpha dominant, provide: (1) Steep slopes (a) in Acacia Within this unit, the currently known containing one or more of the following koa-Metrosideros polymorpha lowland, primary constituent elements of critical associated native plant species: montane mesic, or wet forest and (b) habitat are habitat components that Antidesma sp, Psychotria sp., containing one or more of the following provide: (1) Steep slopes (a) in diverse Perrottetia sandwicensis, Pisonia sp., or native plant species: Alyxia mesic or wet forest and (b) containing Hedyotis acuminata; and (2) elevations olivaeformis, , Bobea one or more of the following associated between 415 and 790 m (1,360 and sp., Carex sp., Coprosma sp., Dodonaea plant taxa: Psychotria mariniana, 2,590 ft). viscosa, Gahnia sp., Ilex anomala, Psychotria hexandra, Canthium Family Caryophyllaceae: Schiedea Melicope sp., Pleomele sp., Psychotria odoratum, Pisonia sp., Microlepia spergulina var. leiopoda (No Common sp., or Schiedea stellarioides; and (2) speluncae, luteolus, Name) elevations between 820 and 1,200 m Diospyros sp., Peucedanum (2,700 and 3,940 ft). sandwicense, or Euphorbia haeleeleana; Kauai C, identified in the legal and (2) elevations between 680–790 m description in paragraph (a)(1)(i)(A) of Family Caryophyllaceae: Schiedea (2,230–2,590 ft). this section, constitutes critical habitat apokremnos (Ma‘oli‘oli) for Schiedea spergulina var. leiopoda on Kauai G and J, identified in the legal Family Caryophyllaceae: Schiedea Kauai. Within this unit, the currently descriptions in paragraph (a)(1)(i)(A) of membranacea (No Common Name) known primary constituent elements of this section, constitute critical habitat Kauai G, I, and K, identified in the critical habitat are habitat components for Schiedea apokremnos on Kauai. legal descriptions in paragraph that provide: (1) Bare rock outcrops or Within these units, the currently known (a)(1)(i)(A) of this section, constitute sparsely vegetated portions of rocky cliff primary constituent elements of critical critical habitat for Schiedea faces or cliff bases (a) in diverse lowland habitat are habitat components that membranacea on Kauai. Within these mesic forests and (b) containing one or provide: (1) Crevices of near-vertical units, the currently known primary more of the following native plants: coastal cliff faces (a) in sparse dry constituent elements of critical habitat Bidens sandvicensis, Doryopteris sp., coastal shrub vegetation and (b) are habitat components that provide: (1) Peperomia leptostachya, or Plectranthus containing one or more of the following Cliffs or cliff bases (a) in mesic or wet parviflorus; and (2) elevations between associated native plant species: habitats, (b) in lowland, or montane 180 and 800 m (590 and 2,625 ft).

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79265

Family Caryophyllaceae: Schiedea on Maui. Within these units the Within these units, the currently known spergulina var. spergulina (No Common currently known primary constituent primary constituent elements of critical Name) elements of critical habitat for Bonamia habitat are habitat components that Kauai G and I, identified in the legal menziesii on Maui are the habitat provide: (1) Steep slopes of gulches (a) descriptions in paragraph (a)(1)(i)(A) of components that provide: (1) A‘a lava in mesic Acacia koa forests and (b) (a) in mixed open dry forest or Erythrina containing one or more of the following this section, constitute critical habitat sandwicensis lowland dry forest, or in native plant species: Metrosideros for Schiedea spergulina var. spergulina mesic mixed Metrosideros polymorpha polymorpha, Alphitonia ponderosa, on Kauai. Within these units, the forest and (b) containing one or more of Antidesma platyphyllum, Bobea currently known primary constituent the following associated native plant brevipes, Cheirodendron trigynum, elements of critical habitat are habitat species: Nestegis sandwicensis, Coprosma sp., Diospyros sandwicensis, components that provide: (1) Bare rock Pleomele auwahiensis, Dodonaea Dodonaea viscosa, Elaeocarpus bifidus, outcrops or sparsely vegetated portions viscosa, Osteomeles anthyllidifolia, Hedyotis terminalis, Kokia kauaiensis, of rocky cliff faces or cliff bases (a) in Alphitonia ponderosa, Santalum Melicope haupuensis, Pisonia sp., diverse lowland mesic forests and (b) ellipticum, Xylosma hawaiiensis, Pittosporum sp., Pleomele aurea, containing one or more of the following Nothocestrum latifolium, Pouteria Psychotria mariniana, Psychotria associated plant taxa: Heliotropium sp., sandwicensis, Achyranthes splendens, greenwelliae, Pouteria sandwicensis, or Nototrichium sandwicense; and (2) Acacia koaia, Sida fallax, Reynoldsia Santalum freycinetianum, or Styphelia elevations between 180 and 800 m (590 sandwicensis, Sicyos sp., Lipochaeta tameiameiae; and (2) elevations and 2,625 ft). rockii, Nototrichium sp., or Myoporum between 660 to 1,100 m (2,165 to 3,610 Family Caryophyllaceae: Schiedea sandwicense; and (2) elevations between ft). 150 and 854 m (490 and 2,800 ft). stellarioides (laulihilihi (=ma‘oli‘oli)) Family Euphorbiaceae: Euphorbia Kauai I, identified in the legal Family Cyperaceae: Cyperus haeleeleana (‘Akoko) description in paragraph (a)(1)(i)(A) of trachysanthos (pu‘uka‘a) Kauai G, I, and U, identified in the this section, constitutes critical habitat Kauai G, identified in the legal legal descriptions in paragraph for Schiedea stellarioides on Kauai. descriptions in paragraph (a)(1)(i)(A) of (a)(1)(i)(A) of this section, constitute Within this unit, the currently known this section, and Niihau A, identified in critical habitat for Euphorbia primary constituent elements of critical the legal descriptions in paragraph haeleeleana on Kauai. Within these habitat are habitat components that (a)(1)(i)(B) of this section, constitute units, the currently known primary provide: (1) Steep slopes (a) in closed critical habitat for Cyperus constituent elements of critical habitat Acacia koa-Metrosideros polymorpha trachysanthos on Kauai and Niihau. are habitat components that provide: (1) lowland or montane mesic forest or Within these units, the currently known Lowland mixed mesic or dry forest that shrubland and (b) containing one or primary constituent elements of critical (a) is often dominated by Metrosideros more of the following native plant habitat are habitat components that polymorpha, Acacia koa, or Diospyros species: Nototrichium sp., Artemisia sp., provide: (1) Wet sites (mud flats, wet sp. and (b) containing one or more of the Dodonaea viscosa, Melicope sp., clay soil, or wet cliff seeps) (a) on following native plant species: Acacia Dianella sandwicensis, Bidens coastal cliffs or talus slopes and (b) koaia, Antidesma platyphyllum, cosmoides, Mariscus sp., or Styphelia containing the native plant species Claoxylon sp., Carex meyenii, Carex tameiameiae; and (2) elevations Hibiscus tiliaceus; and (2) elevations wahuensis, Diplazium sandwichianum, between 610 and 1,120 m (2,000 and between 3 and 160 m (10 and 525 ft). Dodonaea viscosa, Erythrina 3,680 ft). sandwicensis, Kokia kauaiensis, Family Cyperaceae: Mariscus Pleomele aurea, Psychotria mariniana, Family Convolvulaceae: Bonamia pennatiformis (No Common Name) menziesii (No Common Name) P. greenwelliae, Pteralyxia Maui unit J, identified in the legal sandwicensis, Rauvolfia sandwicensis, (i.) Kauai G and L, identified in the description in paragraph (a)(1)(i)(C) of Reynoldsia sandwicensis, Sapindus legal descriptions in paragraph this section, constitutes critical habitat oahuensis, Tetraplasandra kauaiensis, (a)(1)(i)(A) of this section, constitute for Mariscus pennatiformis on Maui. Pouteria sandwicensis, Pisonia critical habitat for Bonamia menziesii Within this unit the currently known sandwicensis, or Xylosma sp.; and (2) on Kauai. Within these units, the primary constituent elements of critical elevations between 205 and 670 m (680 currently known primary constituent habitat for Mariscus pennatiformis on and 2,200 ft). elements of critical habitat are habitat Maui are the habitat components that components that provide: (1) Dry, mesic provide: (1) Cliffs with brown soil and Family Euphorbiaceae: Flueggea or wet forests containing one or more of talus within reach of ocean spray (a) in neowawraea (Mehamehame) the following native plant species: Pandanus coastal wet forests and (b) (i.) Kauai F, G, and I, identified in the Metrosideros polymorpha, Canthium containing one or more of the following legal descriptions in paragraph odoratum, Dianella sandwicensis, associated native plant species: Sadleria (a)(1)(i)(A) of this section, constitute Diospyros sandwicensis, Dodonaea pallida, Pandanus tectorius, Lysimachia critical habitat for Flueggea neowawraea viscosa, Hedyotis terminalis, Melicope mauritiana, Cyperus laevigatus, on Kauai. Within these units, the anisata, Melicope barbigera, Myoporum Eragrostis sp., or Ipomoea sp.; and (2) currently known primary constituent sandwicense, Nestegis sandwicense, elevations between sea-level and 6 m elements of critical habitat are habitat Pisonia sp., Pittosporum sp., Pouteria (20 ft). components that provide: (1) Dry or sandwicensis, or ; mesic forests containing one or more of and (2) elevations between 150 and 850 Family Euphorbiaceae: Chamaesyce the following native plant species: m (500 and 2,800 ft). halemanui (No Common Name) Alectryon macrococcus, Bobea (ii.) Maui units O and Ss, identified in Kauai G and I, identified in the legal timonioides, Charpentiera sp., the legal descriptions in paragraph descriptions in paragraph (a)(1)(i)(A) of Caesalpinia kauaiense, Hibiscus sp., (a)(1)(i)(C) of this section, constitute this section, constitute critical habitat Melicope sp., Metrosideros polymorpha, critical habitat for Bonamia menziesii for Chamaesyce halemanui on Kauai. Myrsine lanaiensis, Munroidendron

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79266 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules racemosum, Tetraplasandra sp., Kokia Within these units, the currently known for Xylosma crenatum on Kauai. Within kauaiensis, Isodendrion sp., Pteralyxia primary constituent elements of critical these units, the currently known kauaiensis, Psychotria mariniana, habitat are habitat components that primary constituent elements of critical Diplazium sandwichianum, Freycinetia provide: (1) Sandy , dunes, soil habitat are habitat components that arborea, Nesoluma polynesicum, pockets on lava, or pond margins (a) in provide: (1) Diverse Acacia koa- Diospyros sp., Antidesma pulvinatum, coastal dry shrublands, or open Metrosideros polymorpha montane A. platyphyllum, Canthium odoratum, Metrosideros polymorpha forests, or mesic forest, or Metrosideros Nestegis sandwicensis, Rauvolfia mixed coastal dry cliffs, and (b) polymorpha-Dicranopteris linearis sandwicensis, Pittosporum sp., containing one or more of the following montane wet forest, or Acacia koa- Tetraplasandra sp., Pouteria associated native plant species: Sida Metrosideros polymorpha montane wet sandwicensis, Xylosma sp., Pritchardia fallax, Heteropogon contortus, forest, and containing one or more of the sp., Bidens sp., or Streblus pendulinus; Myoporum sandwicense, Sporobolus following associated native plant and (2) elevations of 250 to 1,000 m (820 virginicus, Scaevola sericea, or species: Tetraplasandra kauaiensis, to 3,280 ft). Dodonaea viscosa; and (2) elevations Hedyotis terminalis, Pleomele aurea, (ii.) Maui units Ss and Ww, identified between sea level and 12 m (0 and 40 Ilex anomala, Claoxylon sandwicense, in the legal descriptions in paragraph ft). Myrsine alyxifolia, Nestegis (a)(1)(i)(C) of this section, constitute (ii.) Maui units A, B, C, D, X, Tt, sandwicensis, Streblus pendulinus, critical habitat for Flueggea neowawraea identified in the legal descriptions in Psychotria sp., Diplazium on Maui. Within these units the paragraph (a)(1)(i)(C) of this section, and sandwichianum, Pouteria sandwicensis, currently known primary constituent the Kahoolawe unit A, identified in the Scaevola procera, Coprosma sp., elements of critical habitat for Flueggea legal descriptions in paragraph Athyrium sandwichianum, Touchardia neowawraea on Maui are the habitat (a)(1)(i)(D) of this section, constitute latifolia, Dubautia knudsenii, components that provide: (1) Dry or critical habitat for Sesbania tomentosa Cheirodendron sp., Lobelia yuccoides, mesic forest containing one or more of on Maui and Kahoolawe, respectively. Cyanea hirta, Poa sandwicensis, or the following associated native plant Within these units the currently known Diplazium sandwichianum; and (2) species: Alectryon macrococcus, Bobea primary constituent elements of critical elevations between 975 to 1,065 m timonioides, Charpentiera sp., Hibiscus habitat for Sesbania tomentosa on Maui (3,200 to 3,490 ft). sp., Melicope sp., Myrsine lanaiensis, and Kahoolawe are the habitat components that provide: (1) Family Gentianaceae: Centaurium Tetraplasandra sp., Psychotria sebaeoides (‘Awiwi) mariniana, Diplazium sandwichianum, Windswept slopes, sea cliffs and cinder (i.) Kauai G, identified in the legal Freycinetia arborea, Nesoluma slopes (a) in Scaevola sericea coastal dry description in paragraph (a)(1)(i)(A) of polynesicum, Diospyros sp., Antidesma shrublands and (b) containing one or this section, constitutes critical habitat pulvinatum, A. platyphyllum, Canthium more of the following associated native for Centaurium sebaeoides on Kauai. odoratum, Nestegis sandwicensis, plant species: Lipochaeta integrifolia, Within this unit, the currently known Rauvolfia sandwicensis, Pittosporum Jacquemontia ovalifolia ssp. primary constituent elements of critical sp., Pleomele sp., Pouteria sandwicensis, Rhynchelytrum repens, habitat are habitat components that sandwicensis, or Streblus pendulina; Sida fallax, and Dodonaea viscosa; and provide: (1) Volcanic or clay soils or and (2) elevations of 250 to 1,000 m (820 (2) elevations between sea-level and 580 m (1,900 ft). cliffs (a) in arid coastal areas and (b) to 3,280 ft). containing one or more of the following Family Fabaceae: Vigna o-wahuensis Family Fabaceae: Kanaloa native plant species; Artemisia sp., (No Common Name) kahoolawensis (Kohe Malama Malama Bidens sp., Chamaesyce celastroides, O Kanaloa) Maui unit Vv, identified in the legal Dodonaea viscosa, Fimbristylis cymosa, descriptions in paragraph (a)(1)(i)(C) of Heteropogon contortus, Jaquemontia Kahoolawe unit B, identified in the this section, and Kahoolawe units C and ovalifolia, Lipochaeta succulenta, legal description in paragraph D, identified in the legal descriptions in Lipochaeta heterophylla, Lipochaeta (a)(1)(i)(D) of this section, constitutes paragraph (a)(1)(i)(D) of this section, integrifolia, Lycium sandwicense, critical habitat for Kanaloa constitute critical habitat for Vigna o- Lysimachia mauritiana, Mariscus kahoolawensis on Kahoolawe. Within wahuensis on Maui and Kahoolawe, phloides, Panicum fauriei, P. torridum, this unit the currently known primary respectively. Within these units the Scaevola sericea, Schiedea globosa, constituent elements of critical habitat currently known primary constituent Sida fallax, or Wikstroemia uva-ursi; for Kanaloa kahoolawensis on elements of critical habitat for Vigna o- and (2) elevations above 250 m (800 ft). Kahoolawe are the habitat components wahuensis on Maui and Kahoolawe are (ii.) Maui units D, E, and F, identified that provide: (1) Steep rocky talus the habitat components that provide: (1) in the legal descriptions in paragraph slopes (a) in mixed coastal shrubland Dry or mesic grassland or shrubland (a)(1)(i)(C) of this section, constitute and (b) containing one or more of the containing one or more of the following critical habitat for Centaurium following associated native plants: Sida associated plant taxa: Sida fallax, sebaeoides on Maui. Within these units fallax, Senna gaudichaudii, Bidens Chenopodium sp., Dubautia menziesii, the currently known primary mauiensis, Lipochaeta livarum, Dodonaea viscosa, Chamaesyce sp., constituent elements of critical habitat Portulaca molokinensis, or Capparis Nothocestrum latifolium, and Nesoluma for Centaurium sebaeoides on Maui are sandwichiana; and (2) elevations polynesicum, or Osteomeles the habitat components that provide: (1) between 45 to 60 m (150 to 200 ft). anthyllidifolia; and (2) elevations from Volcanic or clay soils or cliffs (a) in arid Family Fabaceae: Sesbania tomentosa 10 to 140 m (30 to 460 ft). coastal areas and (b) containing one or more of the following associated native (‘Ohai) Family Flacourtiaceae: Xylosma plant species: Panicum torridum, crenatum (No Common Name) (i.) Kauai J, identified in the legal Lysimachia mauritiana, Schiedea description in paragraph (a)(1)(i)(A) of Kauai G and I, identified in the legal globosa, Lipochaeta integrifolia, this section, constitutes critical habitat descriptions in paragraph (a)(1)(i)(A) of Argemone glauca, Bidens mauiensis, for Sesbania tomentosa on Kauai. this section, constitute critical habitat Lycium sandwicense, or Dicranopteris

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79267 linearis; and (2) elevations below 250 m of Metrosideros polymorpha and Family Lamiaceae: Phyllostegia (820 ft). Dicranopteris linearis and (b) containing knudsenii (No Common Name) one or more of the following native Family Geraniaceae: Geranium Kauai I, identified in the legal species: Perrottetia sandwicensis, arboreum (Nohoanu) description in paragraph (a)(1)(i)(A) of Pipturus sp., Bidens sp., Psychotria sp., Maui units Ll, Mm, Nn, and Pp, this section, constitutes critical habitat Pritchardia sp., Freycinetia arborea, for Phyllostegia knudsenii on Kauai. identified in the legal descriptions in Cyanea sp., Cyrtandra limahuliensis, Within this unit, the currently known paragraph (a)(1)(i)(C) of this section, Diplazium sandwichianum, Gunnera primary constituent elements of critical constitute critical habitat for Geranium sp., Coprosma sp., Stenogyne sp., habitat are habitat components that arboreum on Maui. Within these units Machaerina sp., Boehmeria grandis, provide: (1) Metrosideros polymorpha the currently known primary Pipturus sp., Cheirodendron sp., lowland mesic or wet forest containing constituent elements of critical habitat Hedyotis terminalis, or Hedyotis one or more of the following associated for Geranium arboreum on Maui are the tryblium; and (2) elevations between native plant species: Perrottetia habitat components that provide: (1) 550 and 1,220 meter (1,800 and 4,000 sandwicensis, Cyrtandra kauaiensis, Steep, damp and shaded narrow ft). canyons and gulches, steep banks, and Cyrtandra paludosa, Elaeocarpus intermittent streams (a) in Sophora Family Gesneriaceae: Cyrtandra bifidus, Claoxylon sandwicensis, chrysophylla subalpine dry shrubland limahuliensis (Ha‘iwale) Cryptocarya mannii, Ilex anomala, or Metrosideros polymorpha montane Kauai A, F, K, L, O, P, Q, R, and T, , Bobea timonioides, forest and (b) containing one or more of identified in the legal descriptions in Selaginella arbuscula, Diospyros sp., the following associated native plant paragraph (a)(1)(i)(A) of this section, Zanthoxylum dipetalum, Pittosporum species: Vaccinium reticulatum, constitute critical habitat for Cyrtandra sp., Tetraplasandra spp., Pouteria Dodonaea viscosa, Styphelia limahuliensis on Kauai. Within these sandwicensis, or Pritchardia minor; and tameiameiae, Rubus hawaiiensis, or units, the currently known primary (2) elevations between 865–975 m Dryopteris wallichiana; and (2) constituent elements of critical habitat (2,840–3,200 ft). elevations between 1,525 to 2,135 m are habitat components that provide: (1) Family Lamiaceae: Phyllostegia mollis (5,000 and 7,000 ft). Stream banks (a) in lowland wet forests (No Common Name) and (b) containing one or more of the Family Geraniaceae: Geranium following native plant species: Maui unit Qq, identified in the legal multiflorum (Nohoanu) Antidesma sp., Cyrtandra kealiea, description in paragraph (a)(1)(i)(C) of Maui unit Ee, identified in the legal Pisonia sp., Pipturus sp., Cibotium this section, constitutes critical habitat description in paragraph (a)(1)(i)(C) of glaucum, Eugenia sp, Hedyotis for Phyllostegia mollis on Maui. Within this section, constitutes critical habitat terminalis, Dubautia sp., Boehmeria this unit the currently known primary for Geranium multiflorum on Maui. grandis, Touchardia latifolia, Bidens constituent elements of critical habitat Within this unit the currently known sp., Hibiscus waimeae, Charpentiera sp., for Phyllostegia mollis on Maui are the primary constituent elements of critical Urera glabra, Pritchardia sp., Cyanea habitat components that provide: (1) habitat for Geranium multiflorum on sp., Perrottetia sandwicensis, Steep slopes and gulches (a) in diverse Maui are the habitat components that Metrosideros polymorpha, Dicranopteris mesic or wet forests and (b) containing provide: (1) Wet or mesic Metrosideros linearis, Gunnera kauaiensis, or one or more of the following associated polymorpha montane forest or alpine Psychotria sp.; and (2) elevations native plant taxa: ferns, Psychotria sp., mesic forest, Styphelia tameiameiae between 245 and 915 m (800 and 3,000 or Pisonia sp.; and (2) elevations shrubland, Sophora chrysophylla ft). between 450 and 1,830 m (1,480 to subalpine dry forest, open sedge 6,000 ft). Family Gesneriaceae: Cyrtandra munroi swamps, fog-swept lava flows, or (Hiawale) Family Lamiaceae: Phyllostegia montane grasslands containing one or wawrana (No Common Name) more of the following associated native Maui unit Y, identified in the legal plant species: Coprosma montana, description in paragraph (a)(1)(i)(C) of Kauai G, I, and R, identified in the Dryopteris glabra, Dryopteris this section, constitutes critical habitat legal descriptions in paragraph wallichiana, Rubus hawaiiensis, for Cyrtandra munroi on Maui. Within (a)(1)(i)(A) of this section, constitute Ranunculus sp., Vaccinium sp., this unit the currently known primary critical habitat for Phyllostegia wawrana Metrosideros polymorpha, Hedyotis sp., constituent elements of critical habitat on Kauai. Within these units, the Styphelia tameiameiae or Sadleria for Cyrtandra munroi on Maui are the currently known primary constituent cyatheoides; and (2) elevations between habitat components that provide: (1) elements of critical habitat are habitat 1,580 and 2,450 m (5,180 and 8,040 ft). Rich, moist to wet, moderately steep components that provide: (1) talus slopes (a) in lowland wet Metrosideros polymorpha dominated Family Gesneriaceae: Cyrtandra Metrosideros polymorpha-Dicranopteris lowland or montane wet or mesic forest cyaneoides (Mapele) linearis forest and (b) containing one or with (a) Cheirodendron sp. or Kauai K, P, and R, identified in the more of the following associated native Dicranopteris linearis as co-dominants, legal descriptions in paragraph plant species: Diospyros sp., Hedyotis and (b) containing one or more of the (a)(1)(i)(A) of this section, constitute acuminata, Clermontia sp., Alyxia following associated native plant critical habitat for oliviformis, Bobea sp., Coprosma sp., species: Delissea rivularis, Diplazium on Kauai. Within these units, the Freycinetia arborea, Melicope sp., sandwichianum, Vaccinium sp., currently known primary constituent Myrsine sp., Perrottetia sandwicensis, Broussaisia arguta, Myrsine lanaiensis, elements of critical habitat are habitat Pipturus sp., Pittosporum sp., Pleomele Psychotria sp., Dubautia knudsenii, components that provide: (1) Steep sp., Pouteria sandwicensis, Psychotria Scaevola procera, Gunnera sp., slopes or cliffs near streams or sp., Sadleria sp., Scaevola sp., Xylosma Pleomele aurea, Claoxylon waterfalls (a) in lowland or montane wet sp., or other Cyrtandra sp.; and (2) sandwicense, Elaphoglossum sp., forest or shrubland dominated by elevations from 300 to 920 m (980 to Hedyotis sp., Sadleria sp., and Metrosideros polymorpha or a mixture 3,020 ft). Syzygium sandwicensis; and (2)

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79268 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules elevations between 780–1,210 m (2,560– this section, constitutes critical habitat for Hibiscus waimeae ssp. hannerae on 3,920 ft). for Hibiscadelphus woodii on Kauai. Kauai. Within this unit, the currently Within this unit, the currently known known primary constituent elements of Family Lamiaceae: Stenogyne primary constituent elements of critical critical habitat are habitat components campanulata (No Common Name) habitat are habitat components that that provide: (1) Metrosideros Kauai G, identified in the legal provide: (1) Basalt talus or cliff walls (a) polymorpha-Dicranopteris linearis or description in paragraph (a)(1)(i)(A) of in Metrosideros polymorpha montane Pisonia sp.-Charpentiera elliptica this section, constitutes critical habitat mesic forest and (b) containing one or lowland wet or mesic forest and for Stenogyne campanulata on Kauai. more of the following associated native containing one or more of the following Within this unit, the currently known plant species: Bidens sandwicensis, associated native plant species: primary constituent elements of critical Artemisia australis, , Antidesma sp., Psychotria sp., Pipturus habitat are habitat components that Dubautia sp., Lepidium serra, sp., Bidens sp., Bobea sp., Sadleria sp., provide: (1) Rock faces of nearly Lipochaeta sp., Lysimachia glutinosa, Cyrtandra sp., Cyanea sp., Cibotium sp., vertical, north-facing cliffs (a) in diverse Carex meyenii, Chamaesyce celastroides Perrottetia sandwicensis, or Syzygium lowland or montane mesic forest and (b) var. hanapepensis, Hedyotis sp., sandwicensis; and (2) elevations containing one or more of the following Nototrichium sp., Panicum lineale, between 190 and 560 m (620 and 1,850 associated native plant species: Myrsine sp., Stenogyne campanulata, ft). Heliotropium sp., Lepidium serra, Lobelia niihauensis, or Poa mannii; and Family Malvaceae: Kokia kauaiensis Lysimachia glutinosa, Perrottetia (2) elevations around 915m (3,000 ft). (Koki‘o) sandwicensis, or Remya montgomeryi; Family Malvaceae: Hibiscus and (2) an elevation of 1,085 m (3,560 Kauai G and I, identified in the legal brackenridgei (Ma‘o Hau Hele) ft). descriptions in paragraph (a)(1)(i)(A) of Maui units O, V, X, and Uu, identified this section, constitute critical habitat Family Loganiaceae: Labordia lydgatei in the legal descriptions in paragraph for Kokia kauaiensis on Kauai. Within (Kamakahala) (a)(1)(i)(C) of this section, constitute these units, the currently known Kauai F, K, L, P, R, and T, identified critical habitat for Hibiscus primary constituent elements of critical in the legal descriptions in paragraph brackenridgei on Maui. Within these habitat are habitat components that (a)(1)(i)(A) of this section, constitute units the currently known primary provide: (1) Diverse mesic forest critical habitat for Labordia lydgatei on constituent elements of critical habitat containing one or more of the following Kauai. Within these units, the currently for Hibiscus brackenridgei on Maui are associated native plant species: Acacia known primary constituent elements of the habitat components that provide: (1) koa, Metrosideros polymorpha, Bobea critical habitat are habitat components Lowland dry forest sometimes with sp., Diospyros sandwicensis, Hedyotis that provide: (1) Metrosideros Erythrina sandwicensis as the dominant sp., Pleomele sp., Pisonia sp., Xylosma polymorpha-Dicranopteris linearis tree containing one or more of the sp., Isodendrion sp., Syzygium lowland wet forest containing one or following associated native plant sandwicensis, Antidesma sp., Alyxia more of the following associated native species: Myoporum sp., Chenopodium olivaeformis, Pouteria sandwicensis, plant species: Psychotria sp., Hedyotis sp., Achyranthes sp., Nototrichium sp., Streblus pendulinus, Canthium terminalis sp., Cyanea sp., Cyrtandra Diospyros sp., Chamaesyce celastroides odoratum, Nototrichium sp., Pteralyxia sp., Labordia hirtella, Antidesma var. lorifolia, Dodonaea viscosa, kauaiensis, Dicranopteris linearis, platyphyllum var. hillebrandii, Canthium odoratum, Eurya Hibiscus sp., Flueggea neowawraea, Syzygium sandwicensis, Ilex anomala, sandwicensis, Isachne distichophylla, or Rauvolfia sandwicensis, Melicope sp., or Dubautia knudsenii; and (2) Sida fallax; and (2) elevations between Diellia laciniata, Tetraplasandra sp., elevations between 635 and 855 m 130 to 800 m (425 to 2,625 ft). Chamaesyce celastroides, Lipochaeta (2,080 to 2,800 ft). fauriei, Dodonaea viscosa, Santalum Family Malvaceae: Hibiscus clayi sp., Claoxylon sp., or Nestegis Family Loganiaceae: Labordia tinifolia (Clay’s Hibiscus) sandwicensis; and (2) elevations var. wahiawaensis (Kamakahala) Kauai N, identified in the legal between 350–660 m (1,150–2,165 ft). Kauai L, identified in the legal description in paragraph (a)(1)(i)(A) of Family Myrsinaceae: Myrsine description in paragraph (a)(1)(i)(A) of this section, constitutes critical habitat linearifolia (Kolea) this section, constitutes critical habitat for Hibiscus clayi on Kauai. Within this for Labordia tinifolia var. wahiawaensis unit, the currently known primary Kauai F, G, H, I, L, and P, identified on Kauai. Within this unit, the currently constituent elements of critical habitat in the legal descriptions in paragraph known primary constituent elements of are habitat components that provide: (1) (a)(1)(i)(A) of this section, constitute critical habitat are habitat components Slopes (a) in Acacia koa or Diospyros critical habitat for Myrsine linearifolia that provide: (1) Streambanks (a) in sp.-Pisonia sp.-Metrosideros on Kauai. Within these units, the lowland wet forests dominated by polymorpha lowland dry or mesic forest currently known primary constituent Metrosideros polymorpha and (b) and (b) containing one or more of the elements of critical habitat are habitat containing one or more of the following following associated native plant components that provide: (1) Diverse associated species: Cheirodendron sp., species: Hedyotis acuminata, Pipturus mesic or wet lowland or montane Dicranopteris linearis, Cyrtandra sp., sp., Psychotria sp., Cyanea hardyi, Metrosideros polymorpha forest with (a) Antidesma sp., Psychotria sp., Hedyotis Artemisia australis, or Bidens sp.; and Cheirodendron sp. or Dicranopteris terminalis, or Athyrium microphyllum; (2) elevations between 230 to 350 m linearis as co-dominants, and (b) and (2) elevations between 300 to 920 m (750 to 1,150 ft). containing one or more of the following (985 to 3,020 ft). associated native plant species: Family Malvaceae: Hibiscus waimeae Dubautia sp., Cryptocarya mannii, Family Malvaceae: Hibiscadelphus ssp. hannerae (Koki‘o Ke‘oke‘o) Sadleria pallida, Myrsine sp., Syzygium woodii (Hau Kuahiwi) Kauai F, identified in the legal sandwicensis, Machaerina angustifolia, Kauai G, identified in the legal description in paragraph (a)(1)(i)(A) of Freycinetia arborea, Hedyotis description in paragraph (a)(1)(i)(A) of this section, constitutes critical habitat terminalis, Cheirodendron sp., Bobea

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79269 brevipes, Nothocestrum sp., Melicope sp., Dicranopteris linearis, Cyanea sp., more of the following associated native sp., Eurya sandwicensis, Psychotria sp., Hedyotis sp., Melicope sp., Dubautia plant species: Bidens sp., Fimbristylis Lysimachia sp., or native ferns; and (2) plantaginea, , Poa cymosa, or Scaevola sericea; and (2) elevations between 585 to 1,280 m siphonoglossa, Nothocestrum peltatum, elevations from sea level to 75 m (250 (1,920 to 4,200 ft). Remya montgomeryi, Stenogyne ft). campanulata, Xylosma sp., Pleomele Family Orchidaceae: Platanthera Family Poaceae: Panicum niihauense sp., Machaerina angustifolia, Athyrium holochila (No Common Name) (Lau ‘ehu) sp., Bidens sp., Eragrostis sp., (i.) Kauai H, identified in the legal Lysimachia filifolia, Pipturus sp., Kauai J, identified in the legal description in paragraph (a)(1)(i)(A) of Cyrtandra sp., or Myrsine linearifolia; description in paragraph (a)(1)(i)(A) of this section, constitutes critical habitat and (2) elevations between 480 to 1,100 this section, constitutes critical habitat for Platanthera holochila on Kauai. m (1,580 to 3,610 ft). for Panicum niihauense on Kauai. Within this unit, the currently known (ii.) Maui unit Q, identified in the Within this unit, the currently known primary constituent elements of critical legal description in paragraph primary constituent elements of critical habitat are habitat components that (a)(1)(i)(C) of this section, constitutes habitat are habitat components that provide: (1) Metrosideros polymorpha- critical habitat for Plantago princeps on provide: (1) dunes (a) in coastal Dicranopteris linearis montane wet Maui. Within this unit the currently shrubland and (b) containing one or forest or M. polymorpha mixed bog known primary constituent elements of more of the following associated native containing one or more of the following critical habitat for Plantago princeps on plant species: Dodonaea viscosa, associated native plants: Myrsine Maui are the habitat components that Cassytha filiformis, Scaevola sericea, denticulata, Cibotium sp., Coprosma provide: (1) Basalt cliffs (a) in Sida fallax, Vitex rotundifolia, or ernodeoides, Oreobolus furcatus, Metrosideros polymorpha lowland wet Sporobolus sp.; and (2) elevations of 100 Styphelia tameiameiae, or Vaccinium forest; or Acacia koa-Metrosideros m or less (330 ft). sp.; and (2) elevations between 1,050 polymorpha montane wet forest; or Family Poaceae: Poa mannii (Mann’s and 1,600 m (3,450 and 5,245 ft). Metrosideros polymorpha montane wet Bluegrass) (ii.) Maui unit T, identified in the shrubland and (b) containing one or legal description in paragraph more of the following associated native Kauai G, identified in the legal (a)(1)(i)(C) of this section, constitutes plant species: Eragrostis variabilis, description in paragraph (a)(1)(i)(A) of critical habitat for Platanthera holochila Hedyotis formosa, and Dubautia this section, constitutes critical habitat on Maui. Within this unit the currently plantaginea spp. humile; and (2) for Poa mannii on Kauai. Within this known primary constituent elements of elevations between 400 and 2,050 m unit, the currently known primary critical habitat for Platanthera holochila (1,300 and 6,700 ft). constituent elements of critical habitat on Maui are the habitat components that are habitat components that provide: (1) provide: (1) Metrosideros polymorpha- Family Poaceae: Cenchrus Cliffs, rock faces, or stream banks (a) in Dicranopteris linearis montane wet agrimonioides (Kamanomano lowland or montane wet, dry, or mesic forest or Metrosideros polymorpha (=Sandbur, Agrimony)) Metrosideros polymorpha or Acacia mixed montane bog or mesic scrubby Maui unit Ss, identified in the legal koa-Metrosideros polymorpha montane Metrosideros polymorpha forest description in paragraph (a)(1)(i)(C) of mesic forest and (b) containing one or containing one or more of the following this section, constitutes critical habitat more of the following associated native associated native plants: Cibotium sp., for Cenchrus agrimonioides on Maui. plant species: Alectryon macrococcus, Coprosma ernodeoides, Oreobolus Within this unit the currently known Antidesma platyphyllum, Bidens furcatus, Styphelia tameiameiae, primary constituent elements of critical cosmoides, Chamaesyce celastroides Wikstroemia sp., Scaevola habitat for Cenchrus agrimonioides on var. hanapepensis, Artemisia australis, chamissoniana, Sadleria sp., Lythrum Maui are the habitat components that Bidens sandwicensis, Lobelia maritimum, Deschampsia sp., provide: (1) Rough a‘a lava scree (a) in sandwicensis, Wilkesia gymnoxiphium, Metrosideros polymorpha, Luzula mesic Metrosideros polymorpha-Acacia Eragrostis variabilis, Panicum lineale, hawaiiensis, Sisyrinchium acre, koa forest and (b) containing one or Mariscus phloides, Luzula hawaiiensis, Broussaisia arguta, Clermontia sp., more of the following associated native Carex meyenii, C. wahuensis, Cyrtandra Lycopodium cernuum, Dubautia scabra, plant species: Alyxia oliviformis, wawrae, Dodonaea viscosa, Exocarpos Polypodium pellucidum, Gahnia Canthium odoratum, Carex sp., luteolus, Labordia helleri, Nototrichium gahniiformis, and Vaccinium Diospyros sp., Styphelia tameiameiae, sp., Schiedea amplexicaulis, Hedyotis reticulatum; and (2) elevations between or Eragrostis variabilis; and (2) terminalis, Melicope anisata, M. 1,050 and 2,120 m (3,440 and 6,960 ft). elevations between 560 and 820 m barbigera, M. pallida, Pouteria (1,830 and 2,700 ft). sandwicensis, Schiedea membranacea, Family Plantaginaceae: Plantago Diospyros sandwicensis, Psychotria princeps (Laukahi Kuahiwi) Family Poaceae: Ischaemum byrone mariniana, P. greenwelliae, or Kokia (Hilo Ischaemum) (i.) Kauai G, K, P, and T, identified in kauaiensis; and (2) elevations between the legal descriptions in paragraph Maui units G, H, I, K, L, and M, 460 and 1,150 m (1,510 and 3,770 ft). (a)(1)(i)(A) of this section, constitute identified in the legal descriptions in critical habitat for Plantago princeps on paragraph (a)(1)(i)(C) of this section, Family Poaceae: Poa sandvicensis Kauai. Within these units, the currently constitute critical habitat for Ischaemum (Hawaiian Bluegrass) known primary constituent elements of byrone on Maui. Within these units the Kauai G and I, identified in the legal critical habitat are habitat components currently known primary constituent descriptions in paragraph (a)(1)(i)(A) of that provide: (1) Steep slopes, rock elements of critical habitat for this section, constitute critical habitat walls, or bases of waterfalls (a) in mesic Ischaemum byrone on Maui are the for Poa sandvicensis on Kauai. Within or wet Metrosideros polymorpha forest habitat components that provide: (1) these units, the currently known and (b) containing one or more of the Close proximity to the ocean, among primary constituent elements of critical following associated native plant rocks or on basalt cliffs (a) in coastal dry habitat are habitat components that species: Dodonaea viscosa, Psychotria shrubland and (b) containing one or provide: (1) Wet, shaded, gentle or steep

VerDate 112000 20:15 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm01 PsN: 18DEP2 79270 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules slopes, ridges, or rock ledges (a) in semi- this unit, the currently known primary provide: (1) Lowland dry and mesic open or closed, mesic or wet, diverse constituent elements of critical habitat forests dominated by Diospyros montane forest dominated by are habitat components that provide: (1) sandwicensis containing one or more of Metrosideros polymorpha and (b) Mossy banks at the base of cliff faces the following associated native plant containing one or more of the following within the spray zone of waterfalls or species: Dodonaea viscosa, Canavalia associated native species: Dodonaea along streams in lowland wet forests sp., Wikstroemia sp., Canthium viscosa, Dubautia sp., Coprosma sp., and containing one or more of the odoratum, or Reynoldsia sandwicensis; Melicope sp., Dianella sandwicensis, following associated native plant and (2) elevations between 240–915 m Alyxia olivaeformis, Bidens sp., species: mosses, ferns, liverworts, (800 and 3,000 ft). Dicranopteris linearis, Schiedea Machaerina sp., Heteropogon contortus, stellarioides, Peperomia macraeana, or Melicope sp.; and (2) elevations Family Rhamnaceae: Claoxylon sandwicense, Acacia koa, between 240 to 680 m (800 to 2,230 ft). (No Common Name) Psychotria sp., Hedyotis sp., Scaevola Family Primulaceae: Lysimachia sp., Cheirodendron sp., or Syzygium Kauai G and I, identified in the legal lydgatei (No Common Name) sandwicensis; and (2) elevations descriptions in paragraph (a)(1)(i)(A) of between 1,035 to 1,250 m (3,400 to Maui unit Q, identified in the legal this section, constitute critical habitat 4,100 ft). description in paragraph (a)(1)(i)(C) of for Gouania meyenii on Kauai. Within this section, constitutes critical habitat these units, the currently known Family Poaceae: Poa siphonoglossa (No for Lysimachia lydgatei on Maui. Within primary constituent elements of critical Common Name) this unit the currently known primary habitat are habitat components that Kauai G, I, and U, identified in the constituent elements of critical habitat provide: (1) Rocky ledges, cliff faces, or legal descriptions in paragraph for Lysimachia lydgatei on Maui are the ridge tops (a) in dry shrubland or (a)(1)(i)(A) of this section, constitute habitat components that provide: (1) Metrosideros polymorpha lowland critical habitat for Poa siphonoglossa on Sides of steep ridges (a) in Metrosideros mesic forest and (b) containing one or Kauai. Within these units, the currently polymorpha-Dicranopteris linearis more of the following native plant known primary constituent elements of dominated wet to mesic shrubland or species: Dodonaea viscosa, Chamaesyce critical habitat are habitat components Metrosideros polymorpha- sp., Psychotria sp., Hedyotis sp., that provide: (1) Shady banks near ridge Cheirodendron sp. montane forest and Melicope sp., Nestegis sandwicensis, crests (a) in mesic Metrosideros (b) containing one or more of the Bidens sp., Carex meyenii, Diospyros polymorpha forest and (b) containing following associated native plant sp., Lysimachia sp., or Senna one or more of the following associated species: Lycopodium sp., Ilex sp., gaudichaudii; and (2) elevations native plant species: Acacia koa, Dodonaea viscosa, Vaccinium sp., between 490 to 880 m (1,600 to 2,880 ft). Psychotria sp., Scaevola sp., Alphitonia Eurya sp., Styphelia tameiameiae, ponderosa, Zanthoxylum dipetalum, Coprosma sp., Ochna sp., Astelia sp., Family Rubiaceae: Hedyotis cookiana Tetraplasandra kauaiensis, Dodonaea Broussaisia arguta or mat ferns; and (2) (‘Awiwi) viscosa, Hedyotis sp., Melicope sp., elevations between 915 and 1,415 m Vaccinium sp., Styphelia tameiameiae, (3,000 and 4,640 ft). Kauai G, identified in the legal Carex meyenii, Carex wahuensis, or description in paragraph (a)(1)(i)(A) of Family Rhamnaceae: Colubrina Wilkesia gymnoxiphium; and (2) this section, constitutes critical habitat oppositifolia (Kauila) elevations between 1,000 to 1,200 m for Hedyotis cookiana on Kauai. Within (3,300 and 3,900 ft). Maui unit Ss, identified in the legal this unit, the currently known primary description in paragraph (a)(1)(i)(C) of constituent elements of critical habitat Family Primulaceae: Lysimachia filifolia this section, constitutes critical habitat are habitat components that provide: (1) (No Common Name) for Colubrina oppositifolia on Maui. Streambeds or steep cliffs close to water Kauai T, identified in the legal Within this unit the currently known sources in lowland wet forest description in paragraph (a)(1)(i)(A) of primary constituent elements of critical communities; and (2) elevations this section, constitutes critical habitat habitat for Colubrina oppositifolia on between 170 and 370 m (560 and 1,210 for Lysimachia filifolia on Kauai. Within Maui are the habitat components that ft).

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79271

Family Rubiaceae: Hedyotis coriacea this section, constitute critical habitat Within these units, the currently known (Kio’ele) for Hedyotis st.-johnii on Kauai. Within primary constituent elements of critical these units, the currently known habitat are habitat components that Maui unit X, identified in the legal primary constituent elements of critical provide: (1) Moist talus slopes (a) in description in paragraph (a)(1)(i)(C) of habitat are habitat components that this section, constitutes critical habitat Metrosideros polymorpha dominated provide: (1) Crevices of north-facing, for Hedyotis coriacea on Maui. Within lowland mesic forests or Metrosideros near-vertical coastal cliff faces within this unit the currently known primary polymorpha-Acacia koa montane mesic the spray zone (a) in sparse dry coastal constituent elements of critical habitat forest and (b) containing one or more of shrubland and (b) containing one or the following associated native plant for Hedyotis coriacea on Maui are the more of the following native plant habitat components that provide: (1) species: Dodonaea viscosa, Diospyros species: Myoporum sandwicense, sp., Psychotria mariniana, P. Steep, rocky, slopes (a) in dry lowland Eragrostis variabilis, Lycium Dodonaea viscosa dominated greenwelliae, Melicope ovata, M. sandwicense, Heteropogon contortus, anisata, M. barbigera, Dianella shrublands and (b) containing one or Artemisia australis or Chamaesyce more of the following associated native sandwicensis, Pritchardia minor, celastroides; and (2) elevations above 75 Tetraplasandra waimeae, Claoxylon plant species: Sida fallax, Gouania m (250 ft). hillebrandii, Bidens menziesii, sandwicensis, Cheirodendron trigynum, Lipochaeta livarum, Myoporum sp., or Family Rutaceae: Melicope adscendens Pleomele aurea, Cryptocarya mannii, Schiedea menziesii; and (2) elevation of (Alani) Pouteria sandwicensis, Bobea brevipes, 470 to 2,300 m (1,540 to 7,550 ft). Hedyotis terminalis, Elaeocarpus Maui unit Ss, identified in the legal bifidus, or Antidesma sp; and (2) Family Rubiaceae: Hedyotis mannii description in paragraph (a)(1)(i)(C) of elevations between 375 to 1,075 m (Pilo) this section, constitutes critical habitat (1,230 to 3,530 ft). for Melicope adscendens on Maui. Maui unit Q, identified in the legal Within this unit the currently known Family Rutaceae: Melicope knudsenii description in paragraph (a)(1)(i)(C) of primary constituent elements of critical (Alani) this section, constitutes critical habitat habitat for Melicope adscendens on for Hedyotis mannii on Maui. Within Maui are the habitat components that (i.) Kauai G and I, identified in the this unit the currently known primary provide: (1) A‘a lava with pockets of soil legal descriptions in paragraph constituent elements of critical habitat (a) in Nestegis sandwicensis-Pleomele (a)(1)(i)(A) of this section, constitute for Hedyotis mannii on Maui are the lowland mesic forest or open dry forest critical habitat for Melicope knudsenii habitat components that provide: (1) and (b) containing one or more of the on Kauai. Within these units, the Basalt cliffs along stream banks (a) in following associated native plant taxa: currently known primary constituent Metrosideros polymorpha-Dicranopteris Pleomele auwahiensis, Dodonaea elements of critical habitat are habitat linearis montane wet forest and (b) viscosa, Osteomeles anthyllidifolia, components that provide: (1) Forested containing one or more of the following Alphitonia ponderosa, Chamaesyce flats or talus slopes (a) in lowland dry associated native plant species: celastroides var. lorifolia, Santalum or montane mesic forests and (b) Machaerina sp., Carex meyenii, ellipticum, Pouteria sandwicensis, containing one or more of the following Phyllostegia sp., Hedyotis acuminata, Styphelia tameiameiae or Xylosma associated native plant species: Cyrtandra platyphylla, Cyanea sp., and hawaiiensis; and (2) elevations between Dodonaea viscosa, Antidesma sp., Isachne distichophylla; and (2) 768 and 1,220 m (2,520 and 4,000 ft). Metrosideros polymorpha, Xylosma sp., elevation of 826 to 882 m (2,800 to 3,000 Hibiscus sp., Myrsine lanaiensis, ft). Family Rutaceae: Melicope haupuensis Diospyros sp., Rauvolfia sandwicensis, (Alani) Bobea sp., Nestegis sandwicensis, Family Rubiaceae: Hedyotis st.-johnii Kauai G and I, identified in the legal Hedyotis sp., Melicope sp., Psychotria (Na Pali Beach Hedyotis) descriptions in paragraph (a)(1)(i)(A) of sp., or Pittosporum kauaiensis; and (2) Kauai G and J, identified in the legal this section, constitute critical habitat elevations between 450 to 1,000 m descriptions in paragraph (a)(1)(i)(A) of for Melicope haupuensis on Kauai. (1,480 to 3,300 ft).

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2 79272 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

(ii.) Maui unit Ss, identified in the or shrubland and (b) containing one or constituent elements of critical habitat legal description in paragraph more of the following associated native for Zanthoxylum hawaiiense on Maui (a)(1)(i)(C) of this section, constitutes plant species: Dodonaea viscosa, are the habitat components that provide: critical habitat for Melicope knudsenii Lepidium serra, Pleomele sp., (1) Open lowland dry or mesic Nestegis on Maui. Within this unit the currently Boehmeria grandis, Coprosma sp., sandwicensis-Pleomele auwahiensis known primary constituent elements of Hedyotis terminalis, Melicope sp., forests, or montane dry forest containing critical habitat for Melicope knudsenii Pouteria sandwicensis, Poa mannii, one or more of the following associated on Maui are the habitat components that Schiedea membranacea, Psychotria native species: Metrosideros provide: (1) Forested flats or talus slopes mariniana, Dianella sandwicensis, polymorpha, Diospyros sandwicensis, (a) in Nestegis-Pleomele mixed open dry Pritchardia minor, Chamaesyce Pisonia sp., Xylosma hawaiiensis, forests and (b) containing one or more celastroides var hanapepensis, Santalum ellipticum, Alphitonia of the following associated native plant Nototrichium sp., Carex meyenii, ponderosa, Osteomeles anthyllidifolia, species: Dodonaea viscosa, Osteomeles Artemisia sp., sandwicense, Alectryon macrococcus, Charpentiera anthyllidifolia, Alphitonia ponderosa, Alyxia olivaeformis, Dryopteris sp., sp., Melicope sp., Dodonaea viscosa, Santalum ellipticum, or Xylosma Metrosideros polymorpha, Pipturus Streblus pendulinus, Myrsine hawaiiensis; and (2) elevations between albidus, Sapindus oahuensis, lanaiensis, or Sophora chrysophylla; 450 and 1,220 m (1,480 and 4,000 ft). Tetraplasandra sp., or Xylosma and (2) elevations between 550 and hawaiiense; and (2) elevations between Family Rutaceae: Melicope mucronulata 1,740 m (1,800 and 5,710 ft). 490 to 915 m (1,600 to 3,000 ft). (Alani) Family : Exocarpos luteolus Maui unit Ss, identified in the legal Family Rutaceae: Zanthoxylum (Heau) description in paragraph (a)(1)(i)(C) of hawaiiense (A‘e) this section, constitutes critical habitat (i.) Kauai I, identified in the legal Kauai G, H, I, L, and S, identified in for Melicope mucronulata on Maui. description in paragraph (a)(1)(i)(A) of the legal descriptions in paragraph Within this unit the currently known this section, constitutes critical habitat (a)(1)(i)(A) of this section, constitute primary constituent elements of critical for Zanthoxylum hawaiiense on Kauai. critical habitat for Exocarpos luteolus on habitat for Melicope mucronulata on Within this unit, the currently known Kauai. Within these units, the currently Maui are the habitat components that primary constituent elements of critical known primary constituent elements of provide: (1) Steep west or north-facing habitat are habitat components that critical habitat are habitat components slopes (a) in lowland dry to mesic forest provide: (1) Lowland dry or mesic that provide: (1) Wet places bordering and (b) containing one or more of the forests, or montane dry forest, (a) swamps; open, dry ridges (a) in lowland following associated species: Dodonaea dominated by Metrosideros polymorpha or montane Metrosideros polymorpha viscosa, Metrosideros polymorpha, or Diospyros sandwicensis, and (b) dominated wet forest communities and Styphelia tameiameiae, or Dubautia containing one or more of the following (b) containing one or more of the linearis; and (2) elevations between 670 associated plant species: Pleomele following native plant species: Acacia and 1,070 m (2,200 and 3,500 ft). auwahiensis, Antidesma platyphyllum, koa, Cheirodendron trigynum, Pouteria Pisonia sp., Alectryon macrococcus, sandwicensis, Dodonaea viscosa, Family Rutaceae: Melicope pallida Charpentiera sp., Melicope sp., Streblus Pleomele aurea, Psychotria mariniana, (Alani) pendulinus, Myrsine lanaiensis, Psychotria greenwelliae, Bobea brevipes, Kauai G and I, identified in the legal Sophora chrysophylla, or Dodonaea Hedyotis terminalis, Elaeocarpus descriptions in paragraph (a)(1)(i)(A) of viscosa; and (2) elevations between 550 bifidus, Melicope haupuensis, Dubautia this section, constitute critical habitat and 730 m (1,800 and 2,400 ft). laevigata, Dianella sandwicensis, Poa for Melicope pallida on Kauai. Within (ii.) Maui unit Ss, identified in the sandvicensis, Schiedea stellarioides, these units, the currently known legal description in paragraph Peperomia macraeana, Claoxylon primary constituent elements of critical (a)(1)(i)(C) of this section, constitutes sandwicense, Santalum freycinetianum, habitat are habitat components that critical habitat for Zanthoxylum Styphelia tameiameiae, or Dicranopteris provide: (1) Steep rock faces (a) in hawaiiense on Maui. Within this unit linearis; and (2) elevations between 475 lowland or montane mesic or wet forests the currently known primary and 1,290 m (1,560 and 4,220 ft).

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79273

Family Sapindaceae: Alectryon lowland dry forest containing one or ponderosa, Melicope anisata, M. macrococcus (Mahoe) more of the following associated native barbigera, M. haupuensis, Pouteria (i.) Kauai G, I, and U, identified in the plant species: Diospyros sandwicensis, sandwicensis, Dodonaea viscosa, legal descriptions in paragraph Dodonaea viscosa, Osteomeles Dianella sandwicensis, Tetraplasandra (a)(1)(i)(A) of this section, constitute anthyllidifolia, Alphitonia ponderosa, kauaiensis, Claoxylon sandwicensis, critical habitat for Alectryon Santalum ellipticum, Xylosma Cheirodendron trigynum, Psychotria macrococcus on Kauai. Within these hawaiiensis, Nestegis sandwicensis, mariniana, P. greenwelliae, Hedyotis units, the currently known primary Streblus pendulinus, or Pleomele terminalis, Ilex anomala, Xylosma sp., constituent elements of critical habitat auwahiensis; and (2) elevations of 360 Cryptocarya mannii, Coprosma sp., are habitat components that provide: (1) to 1,070 m (1,180 to 3,510 ft). Within Pleomele aurea, Diplazium Dry slopes or gulches (a) in Diospyros these units the currently known primary sandwicensis, Broussaisia arguta, or sp., Metrosideros polymorpha lowland constituent elements of critical habitat Perrottetia sandwicensis; and (2) mesic forest, Metrosideros polymorpha for Alectryon macrococcus var. elevations between 915 to 1,220 m mixed mesic forest, or Diospyros sp. macrococcus on Maui are the habitat (3,000 to 4,000 ft). mixed mesic forest, (b) containing one components that provide: (1) Dry slopes or more of the following native plant or gulches (a) in dense mesic mixed Family Solanaceae: Solanum species: Nestegis sandwicensis, Metrosideros polymorpha forest or sandwicense (‘Aiakeaakua, Popolu) Psychotria sp., Pisonia sp., Xylosma sp., Diospyros sandwicensis forest which contain (b) one or more of the following Kauai D, G, and I, identified in the Streblus pendulinus, Hibiscus sp., legal descriptions in paragraph Antidesma sp., Pleomele sp., Acacia associated native plant species: Nestegis (a)(1)(i)(A) of this section, constitute koa, Melicope knudsenii, Hibiscus sandwicensis or Antidesma platyphylla; critical habitat for Solanum waimeae, Pteralyxia sp., Zanthoxylum and (2) elevations of 360 to 1,070 m sandwicense on Kauai. Within these sp., Kokia kauaiensis, Rauvolfia (1,180 to 3,510 ft). sandwicensis, Myrsine lanaiensis, units, the currently known primary Family Solanaceae: Nothocestrum constituent elements of critical habitat Canthium odoratum, Canavalia sp., peltatum (‘Aiea) Alyxia oliviformis, Nesoluma are habitat components that provide: (1) polynesicum, Munroidendron Kauai G and I, identified in the legal Open, sunny areas (a) in diverse racemosum, Caesalpinia kauaiense, descriptions in paragraph (a)(1)(i)(A) of lowland or montane mesic or wet forests Tetraplasandra sp., Pouteria this section, constitute critical habitat and (b) containing one or more of the sandwicensis, or Bobea timonioides; for Nothocestrum peltatum on Kauai. following associated plants: Alphitonia and (2) elevations between 360 to 1,070 Within these units, the currently known ponderosa, Ilex anomala, Xylosma sp., m (1,180 to 3,510 ft). primary constituent elements of critical Athyrium sandwicensis, Syzygium (ii.) Maui units Q, Rr, and Ss, habitat are habitat components that sandwicensis, Bidens cosmoides, identified in the legal descriptions in provide: (1) Rich soil on steep slopes (a) Dianella sandwicensis, Poa paragraph (a)(1)(i)(C) of this section, in montane or lowland mesic or wet siphonoglossa, Carex meyenii, Hedyotis constitute critical habitat for Alectryon forest dominated by Acacia koa or a sp., Coprosma sp., Dubautia sp., macrococcus on Maui. Within these mixture of Acacia koa and Metrosideros Pouteria sandwicensis, Cryptocarya units the currently known primary polymorpha, and (b) containing one or mannii, Acacia koa, Metrosideros constituent elements of critical habitat more of the following associated native polymorpha, Dicranopteris linearis, for Alectryon macrococcus var. plant species: Antidesma sp., Psychotria sp., or Melicope sp.; and (2) auwahiensis on Maui are the habitat Dicranopteris linearis, Bobea brevipes, elevations between 760 and 1,220 m components that provide: (1) Mixed Elaeocarpus bifidus, Alphitonia (2,500 and 4,000 ft).

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2 79274 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules

Family Urticaceae: Neraudia sericea (No (a)(1)(i)(A) of this section, constitute elevations between 640 and 865 m Common Name) critical habitat for Isodendrion (2,100 and 2,840 ft). longifolium on Kauai. Within these Maui units T and Qq, identified in the (B) Ferns and Allies legal descriptions in paragraph units, the currently known primary (a)(1)(i)(C) of this section, constitute constituent elements of critical habitat Family Adiantaceae: Pteris lidgatei (No critical habitat for Neraudia sericea on are habitat components that provide: (1) Common Name) Maui. Within these units the currently Steep slopes, gulches, or stream banks known primary constituent elements of (a) in mesic or wet Metrosideros Maui units Q and Aa, identified in the critical habitat for Neraudia sericea on polymorpha forests and (b) containing legal descriptions in paragraph Maui are the habitat components that one or more of the following native (a)(1)(i)(C) of this section, constitute provide: (1) Lowland dry to mesic species: Dicranopteris linearis, Eugenia critical habitat for Pteris lidgatei on Metrosideros polymorpha-Dodonaea sp., Diospyros sp., Pritchardia sp., Maui. Within these units the currently viscosa-Styphelia tameiameiae Canthium odoratum, Melicope sp., known primary constituent elements of shrubland or forest or Acacia koa forest Cheirodendron sp., Ilex anomala, critical habitat for Pteris lidgatei on containing one or more of the following Pipturus sp., Hedyotis fluviatilis, Maui are the habitat components that associated native plant taxa: Huperzia Peperomia sp., Bidens sp., Nestegis provide: (1) Steep stream banks (a) in mannii, Urera glabra, Cyrtandra sandwicensis, Cyanea hardyi, Syzygium wet Metrosideros polymorpha- oxybapha, Cyrtandra platyphylla, Sida sp., Cibotium sp., Bobea brevipes, Dicranopteris linearis montane forest fallax, Diospyros sp., Bobea sp., Antidesma sp., Cyrtandra sp., Hedyotis and (b) containing one or more of the Coprosma sp., or Hedyotis sp.; and (2) terminalis, Peperomia sp., Perrottetia following native plant taxa: Cibotium sandwicensis, Pittosporum sp., or elevations between 670 and 1,480 m chamissoi, Dicranopteris linearis, Psychotria sp.; and (2) elevations (2,200 and 4,850 ft). Elaphoglossum crassifolium, Sadleria between 410 to 760 m (1,345 to 2,500 ft). Family Violaceae: Isodendrion squarrosa, or Sphenomeris chusana; laurifolium (Aupaka) Family Violaceae: Viola helenae (No and (2) elevations between 915 and Common Name) 1,070 m (3,000 and 3,500 ft). Kauai G, I, and U, identified in the legal descriptions in paragraph Kauai L, identified in the legal Family Aspleniaceae: Ctenitis (a)(1)(i)(A) of this section, constitute description in paragraph (a)(1)(i)(A) of squamigera (Pauoa) critical habitat for Isodendrion this section, constitutes critical habitat laurifolium on Kauai. Within these for Viola helenae on Kauai. Within this Maui units Q, T, Xx, and Zz, units, the currently known primary unit, the currently known primary identified in the legal descriptions in constituent elements of critical habitat constituent elements of critical habitat paragraph (a)(1)(i)(C) of this section, are habitat components that provide: (1) are habitat components that provide: (1) constitute critical habitat for Ctenitis Diverse mesic or wet forest (a) Stream banks or adjacent valley bottoms squamigera on Maui. Within these units dominated by Metrosideros with light to moderate shade in the primary constituent elements of polymorpha, Acacia koa, or Diospyros Metrosideros polymorpha-Dicranopteris critical habitat for Ctenitis squamigera sp. and (b) containing one or more of the linearis lowland wet forest; and (2) on Maui are the habitat components that following associated native plant elevations between 610–855 m (2,000– provide: Forest understory (a) in species: Kokia kauaiensis, Streblus sp., 2,800 ft). Metrosideros polymorpha montane wet Elaeocarpus bifidus, Canthium forest, Metrosideros polymorpha- odoratum, Antidesma sp., Xylosma Family Violaceae: Viola kauaiensis var. Diospyros sp. mesic forest or diverse hawaiiense, Hedyotis terminalis, wahiawaensis (Nani Wai‘ale‘ale) mesic forest and (b) containing one or Pisonia sp., Nestegis sandwicensis, more of the following native plant Dodonaea viscosa, Euphorbia Kauai L, identified in the legal species: Alyxia oliviformis, Freycinetia haeleeleana, Pleomele sp., Pittosporum description in paragraph (a)(1)(i)(A) of arborea, Coprosma sp., Pleomele sp., sp., Melicope sp., Claoxylon this section, constitutes critical habitat sandwicense, Alphitonia ponderosa, for Viola kauaiensis var. wahiawaensis Thelypteris globulifera, Sadleria sp., Myrsine lanaiensis, or Pouteria on Kauai. Within this unit, the currently Doodia sp., Pittosporum sp., Dryopteris sandwicensis; and (2) elevations known primary constituent elements of sp., Bobea sp., Antidesma sp., between 490 and 820 m (1,600 and critical habitat are habitat components Peperomia sp., Dicranopteris linearis, 2,700 ft). that provide: (1) Open montane bog or Schiedea pubescens var. pubescens, wet shrubland containing one or more Hibiscus kokio ssp. kokio, Hedyotis Family Violaceae: Isodendrion of the following native plant species: formosa, Pritchardia forbesiana, longifolium (Aupaka) Dicranopteris linearis, Diplopterygium Myrsine sp., Psychotria sp., or Xylosma Kauai F, G, L, M, and P, identified in pinnatum, Syzygium sandwicensis, or sp.; and (2) elevations between 380 and the legal descriptions in paragraph Metrosideros polymorpha; and (2) 1,000 m (1,250 and 3,280 feet).

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Proposed Rules 79275

Family Aspleniaceae: Diellia erecta (No Canthium odoratum, Pteralyxia Cheirodendron trigynum, Cyanea sp., Common Name) kauaiensis, Nestegis sandwicensis, Cyrtandra sp., Dicranopteris linearis, Maui units Q, T, and Qq, identified in Alyxia olivaeformis, Wilkesia Freycinetia arborea, Hedyotis the legal descriptions in paragraph gymnoxiphium, Alphitonia ponderosa, terminalis, Labordia hirtella, (a)(1)(i)(C) of this section, constitute Styphelia tameiameiae, or Rauvolfia Machaerina angustifolia, Psychotria sp., critical habitat for Diellia erecta on sandwicensis; and (2) elevations Psychotria hexandra, or Syzygium Maui. Within these units the currently between 530 to 915 m (1,700 to 3,000 ft). sandwicensis; and (2) elevations between 400 and 1,265 m (1,310 and known primary constituent elements of Family Aspleniaceae: Diplazium 4,150 ft). critical habitat for Diellia erecta on molokaiense (No Common Name) Maui are the habitat components that Maui unit Qq, identified in the legal Family Lycopodiaceae: Phlegmariurus provide: (1) Steep slopes or gulch mannii (Wawae‘iole) bottoms in deep shade (a) in Diospyros description in paragraph (a)(1)(i)(C) of sandwicensis-Metrosideros polymorpha this section, constitutes critical habitat Maui units Q, W, Jj, Kk, and Qq, lowland mesic forest and (b) containing for Diplazium molokaiense on Maui. identified in the legal descriptions in one or more of the following associated Within this unit the currently known paragraph (a)(1)(i)(C) of this section, native plant species: Nestegis sp., primary constituent elements of critical constitute critical habitat for Styphelia tameiameiae, Melicope sp., habitat for Diplazium molokaiense on Phlegmariurus mannii on Maui. Within Coprosma sp., Dodonaea viscosa, Maui are the habitat components that these units the currently known primary Dryopteris unidentata, Myrsine sp., provide: (1) Proximity to waterfalls in constituent elements of critical habitat Psychotria sp., Pleomele auwahiensis, lowland or montane mesic Metrosideros for Phlegmariurus mannii on Maui are Syzygium sandwicensis, or Wikstroemia polymorpha-Acacia koa forest; and (2) the habitat components that provide: (1) sp.; and (2) elevations between 210 and elevations between 850 and 1,680 m As an epiphyte on Metrosideros 1,590 m (700 and 5,200 ft). (2,800 and 5,500 ft). polymorpha, and Acacia koa trees in moist protected gulches (a) in mesic to Family Aspleniaceae: Diellia pallida Family Grammitidaceae: Adenophorus wet montane Metrosideros polymorpha- (No Common Name) periens (Pendant Kihi Fern) Acacia koa forests or wet montane Kauai G and I, identified in the legal Kauai F, G, K, L, P, and R, identified Metrosideros polymorpha-Acacia koa descriptions in paragraph (a)(1)(i)(A) of in the legal descriptions in paragraph forests and (b) containing one or more this section, constitute critical habitat (a)(1)(i)(A) of this section, constitute of the following associated native plant for Diellia pallida on Kauai. Within critical habitat for Adenophorus periens taxa: Thelypteris sp., Athyrium sp., these units, the currently known on Kauai. Within these units, the Styphelia sp., Cyanea atra, Machaerina primary constituent elements of critical currently known primary constituent sp., Cyrtandra sp., Sadleria sp., habitat are habitat components that elements of critical habitat are habitat Vaccinium sp., Dodonaea viscosa, provide: (1) Bare soil on steep, rocky, components that provide: (1) Well- Astelia menziesii, Coprosma sp., dry slopes (a) in lowland mesic forests developed, closed canopy that provides Cheirodendron trigynum, Ilex anomala, and (b) containing one or more of the deep shade or high humidity (a) In or Myrsine sp.; and (2) elevations from following native plant species: Acacia Metrosideros polymorpha-Cibotium 900 to 1,600 m (2,950 to 5,250 ft). koa, Alectryon macrococcus, Antidesma glaucum lowland wet forests, open platyphyllum, Metrosideros Metrosideros polymorpha montane wet Dated: November 29, 2000. polymorpha, Myrsine lanaiensis, forest, or Metrosideros polymorpha- Kenneth L. Smith, Zanthoxylum dipetalum, Dicranopteris linearis lowland wet Acting Assistant Secretary for Fish and Tetraplasandra kauaiensis, Psychotria forest, and (b) containing one or more of Wildlife and Parks. mariniana, Carex meyenii, Diospyros the following native plant species: [FR Doc. 00–31078 Filed 12–15–00; 8:45 am] hillebrandii, Hedyotis knudsenii, Athyrium sandwicensis, Broussaisia sp., BILLING CODE 4310±55±P

VerDate 112000 21:48 Dec 15, 2000 Jkt 194001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\18DEP2.SGM pfrm10 PsN: 18DEP2