<<

Vol. 78 Tuesday, No. 102 May 28, 2013

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Determination of Endangered Status for 38 on , , and ; Final Rule

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32014 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

DEPARTMENT OF THE INTERIOR ) in the State of . In • Five species face threats from addition, the rule reaffirms the listing of hybridization and lack of or low levels Fish and Wildlife Service two endemic Hawaiian plants currently of regeneration. listed as endangered. Collectively, in • These threats are exacerbated by 50 CFR Part 17 this document we refer to these 40 these species’ inherent vulnerability to [Docket No. FWS–R1–ES–2011–0098; species as the ‘‘ species.’’ from stochastic events at any 4500030113] The basis for our action. Under the time because of their endemism, small Act, we determine numbers of individuals and RIN 1018–AX14 that a species is endangered or populations, and restricted . threatened based on any of five factors: We fully considered comments from Endangered and Threatened Wildlife the public, including comments and Plants; Determination of (A) The present or threatened destruction, modification, or received during a public hearing and Endangered Status for 38 Species on comments received from peer reviewers, Molokai, Lanai, and Maui curtailment of its or range; (B) overutilization for commercial, on the proposed rule. AGENCY: Fish and Wildlife Service, recreational, scientific, or educational Peer reviewers support our methods. Interior. purposes; (C) disease or predation; (D) We obtained opinions from four knowledgeable individuals with ACTION: Final rule. the inadequacy of existing regulatory mechanisms; or (E) other natural or scientific expertise to review our SUMMARY: We, the U.S. Fish and manmade factors affecting its continued technical assumptions, analysis, and Wildlife Service (Service), determine existence. We have determined that the whether or not we had used the best endangered status under the 40 Maui Nui species are currently in available information. These peer Endangered Species Act of 1973 (Act), danger of extinction throughout all their reviewers generally concurred with our as amended, for 38 species on the ranges, as the result of the following methods and conclusions, and provided of Molokai, Lanai, and current and ongoing threats: additional information, clarifications, Maui, and reaffirm the listing of 2 • and suggestions to improve this final All of these species face threats rule. endemic Hawaiian plants currently from the present destruction and listed as endangered. In this final rule, This document consists of a final rule modification of their habitat, primarily to list 35 plant species and 3 tree snail we are also delisting the plant Gahnia from introduced ungulates (such as feral lanaiensis, due to new information that species as endangered and reaffirms the pigs, goats, cattle, mouflon sheep, and listing as endangered for 2 plants (40 this species is synonymous with G. axis deer) and the spread of nonnative lacera, a widespread species from New species total). We additionally delist the plants. plant Gahnia lanaiensis due to Zealand. The effect of this regulation is • to conserve these 40 species under the Thirteen plant species face threats taxonomic error. Endangered Species Act. from and modification from fire. Previous Federal Actions DATES: This rule becomes effective on • All 37 plant species face threats Federal actions for these species prior June 27, 2013. from destruction and modification of to June 11, 2012, are outlined in our ADDRESSES: This final rule is available their habitats from hurricanes, proposed rule (77 FR 34464), which was on the Internet at http:// landslides, rockfalls, and flooding. In published on that date. Publication of www.regulations.gov. Comments and addition, hurricanes are a threat to all the proposed rule opened a 60-day materials received, as well as supporting three tree snail species. comment period, which was extended documentation used in preparing this • Nine of these species face threats on August 9, 2012 (77 FR 47587), for an final rule are available for public from habitat destruction and additional 30 days and closed on inspection, by appointment, during modification from drought. September 10, 2012. We published a normal business hours, at U.S. Fish and • public notice of the proposed rule on Wildlife Service, Pacific Islands Fish The projected effects of climate change will likely exacerbate the effects June 20, 2012, in the local and Wildlife Office, 300 Ala Moana Star Advertiser, Maui Times, and Boulevard, Box 50088, Honolulu, HI of the other threats to these species. • Molokai Dispatch newspapers. On 96850; telephone 808–792–9400; There is a serious threat of widespread impacts of predation and January 31, 2013 (78 FR 6785), we facsimile 808–792–9581. reopened the comment period for an FOR FURTHER INFORMATION CONTACT: herbivory on all 37 plant species by nonnative ungulates, rats, and additional 30 days on the entire June 11, Loyal Mehrhoff, Field Supervisor, U.S. 2012, proposed rule (77 FR 34464), as Fish and Wildlife Service, Pacific invertebrates; and predation on the three tree snails by nonnative rats and well as the draft economic analysis on Islands Fish and Wildlife Office, 300 the proposed critical habitat Ala Moana Boulevard, Box 50088, invertebrates. • designation, and announced a public Honolulu, HI 96850; by telephone at Some of the plant species face the information meeting and hearing that 808–792–9400; or by facsimile at 808– additional threat of trampling. we held in Kihei, Maui, on February 21, • 792–9581. If you use a The inadequacy of existing 2013. This second comment period telecommunications device for the deaf regulatory mechanisms (specifically closed on March 4, 2013. In total, we (TDD), call the Federal Information inadequate protection of habitat and accepted public comments on the June Relay Service (FIRS) at 800–877–8339. inadequate protection from the 11, 2012, proposed rule for 120 days. SUPPLEMENTARY INFORMATION: introduction of nonnative species) poses a current and ongoing threat to all 40 Background Executive Summary species. On June 11, 2012, we published in the Why we need to publish a rule. This • There are current and ongoing Federal Register (77 FR 34464) a is a final rule to list 38 species (35 threats to 20 plant species and the 3 tree proposed rule to list 38 species on the plants and 3 tree snails) as endangered snail species due to factors associated Hawaiian Islands of Molokai, Lanai, and under the Act from the island cluster of with small numbers of populations and Maui as endangered under the Maui Nui (Molokai, Lanai, Maui, and individuals. Endangered Species Act of 1973, as

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32015

amended (Act; 16 U.S.C. 1531 et seq.). habitat for 85 plant species already spelling corrections proposed in our We also proposed to reaffirm the listing listed as endangered or threatened. June 1, 2012, proposed rule (77 FR of two endemic Hawaiian plants listed The final critical habitat 34464). as endangered. We further proposed to determination for the Maui Nui species Maui Nui Species Addressed in this designate critical habitat for 39 of these is still under development and Final Rule 40 plant and species, to undergoing Service review. It will publish in the Federal Register in the designate critical habitat for 11 The table below (Table 1) provides the previously listed plant and animal near future under Docket No. FWS–R1– ES–2013–0003. That document will also common name, scientific name, and species that do not have designated provide our final determinations listing status for the species that are the critical habitat, and to revise critical regarding the name changes and subject of this final rule.

TABLE 1—THE MAUI NUI SPECIES ADDRESSED IN THIS FINAL RULE [Note that many of the species share the same common name]

Scientific name Common name(s) Listing Status

Species Listed as Endangered

Plants: campylotheca ssp. pentamera ...... kookoolau ...... Endangered. Bidens campylotheca ssp. waihoiensis ...... kookoolau ...... Endangered. Bidens conjuncta ...... kookoolau ...... Endangered. Calamagrostis hillebrandii ...... [NCN] 1 ...... Endangered. pubescens ...... awikiwiki ...... Endangered. Cyanea asplenifolia ...... haha ...... Endangered. Cyanea duvalliorum ...... haha ...... Endangered. Cyanea horrida ...... haha nui ...... Endangered. Cyanea kunthiana ...... haha ...... Endangered. Cyanea magnicalyx ...... haha ...... Endangered. Cyanea maritae ...... haha ...... Endangered. Cyanea mauiensis ...... haha ...... Endangered. Cyanea munroi ...... haha ...... Endangered. Cyanea obtusa ...... haha ...... Endangered. Cyanea profuga ...... haha ...... Endangered. Cyanea solanacea ...... popolo ...... Endangered. Cyrtandra ferripilosa ...... haiwale ...... Endangered. Cyrtandra filipes ...... haiwale ...... Endangered. Cyrtandra oxybapha ...... haiwale ...... Endangered. Festuca molokaiensis ...... [NCN] ...... Endangered. Geranium hanaense ...... nohoanu ...... Endangered. Geranium hillebrandii ...... nohoanu ...... Endangered. Mucuna sloanei var. persericea ...... sea bean ...... Endangered. Myrsine vaccinioides ...... kolea ...... Endangered. Peperomia subpetiolata ...... alaala wai nui ...... Endangered. Phyllostegia bracteata ...... [NCN] ...... Endangered. Phyllostegia haliakalae ...... [NCN] ...... Endangered. Phyllostegia pilosa ...... [NCN] ...... Endangered. Pittosporum halophilum ...... hoawa ...... Endangered. Pleomele fernaldii ...... hala pepe ...... Endangered. Schiedea jacobii ...... [NCN] ...... Endangered. Schiedea laui ...... [NCN] ...... Endangered. Schiedea salicaria ...... [NCN] ...... Endangered. Stenogyne kauaulaensis ...... [NCN] ...... Endangered. villosa ...... akia ...... Endangered. : Newcombia cumingi ...... Newcomb’s tree snail ...... Endangered. Partulina semicarinata ...... Lanai tree snail ...... Endangered. Partulina variabilis ...... Lanai tree snail ...... Endangered.

Species Reevaluated for Listing

Cyanea grimesiana ssp. grimesiana ...... haha ...... Endangered. haleakalae var. lanaiense (synonym = var. lanaiense) ...... iliahi ...... Endangered. 1 NCN = no common name.

Taxonomic Changes Since Listing for 1996), we followed the taxonomic Maui. Subsequently, Lammers (1998, Two Maui Nui Plant Species treatment of Lammers in Wagner et al. pp. 31–32) recognized morphological (1990, pp. 451–452). The distribution of differences in the broadly circumscribed At the time we listed Cyanea C. grimesiana ssp. grimesiana as Cyanea grimesiana group and published grimesiana ssp. grimesiana as recognized at that time included the new combinations for the plants endangered (61 FR 53108; October 10, islands of , Molokai, Lanai, and reported from Maui (C. mauiensis) and

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32016 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

Lanai (C. munroi). Plants reported from for destruction of plants due their environment. Thus, by taking this Molokai were identified as either C. proximity to a popular hiking and jeep approach, we hope to not only organize munroi or C. grimesiana ssp. trail; and habitat degradation and this rule efficiently, but also to more grimesiana. In 2004, Lammers (pp. 85– destruction by feral ungulates and effectively focus conservation 87) recognized further differences in the nonnative plants (56 FR 47686; management efforts on the common plants reported from Maui and September 20, 1991). threats that occur across these described a new species, C. magnicalyx, In a recently published paper, ecosystems. Those efforts would known only from west Maui. The range Koyama et al. (2010, pp. 29–30) found facilitate restoration of ecosystem of C. grimesiana ssp. grimesiana now that based on spikelet and achene functionality for the recovery of each includes only Oahu and Molokai characters, Gahnia lanaiensis is a species, and provide conservation (Lammers 1998, pp. 31–32; Lammers complete match for G. lacera, a species benefits for associated native species, 2004, pp. 84–85). Because the range of endemic to . Koyama thereby potentially precluding the need the listed entity has changed, we further states that G. lacera likely to list other species under the Act that arrived on Lanai, either intentionally or evaluated the effects of the five factors occur in these shared ecosystems. In unintentionally, through the restoration described in section 4(a)(1) of the Act on addition, this approach is in efforts of George Munro, the Resident C. grimesiana ssp. grimesiana as concordance with one of the primary currently recognized, and determine Manager of Lanai from 1911 to stated purposes of the Act, as stated in that this species warrants endangered 1930 (Koyama 2010, p. 30). Born and section 2(b): ‘‘to provide a means status under the Act (see Summary of raised in New Zealand, Munro is known whereby the ecosystems upon which Factors Affecting the 40 Maui Nui to have used seeds of New Zealand’s Species, below). native plants for reforestation efforts on endangered species and threatened We listed Santalum freycinetianum Lanai (Koyama 2010, p. 30). species depend may be conserved.’’ var. lanaiense as endangered (51 FR Because Gahnia lanaiensis is not We are listing the plants Bidens 3182; January 24, 1986) in 1986. At that believed to be a uniquely valid species; campylotheca ssp. pentamera, Bidens time, the species was known only from is synonymous with G. lacera, a species campylotheca ssp. waihoiensis, Bidens the island of Lanai. Our recovery plan endemic to New Zealand where it is conjuncta, Calamagrostis hillebrandii, for this species, published in 1995, known to be common (Piha New Cyanea asplenifolia, Cyanea recognized that the range of the species Zealand Plant Conservation Network duvalliorum, Cyanea horrida, Cyanea additionally includes west Maui, as well 2010, in litt.); and is not in danger of kunthiana, Cyanea magnicalyx, Cyanea as Lanai, based on new information extinction or likely to become an maritae, Cyanea mauiensis, Cyanea (USFWS 1995a, pp. 35–36). In her endangered species within the munroi, Cyanea obtusa, Cyanea revision of the Hawaiian species of foreseeable future throughout all or a profuga, Cyanea solanacea, Cyrtandra Santalum, Harbaugh et al. (2010, pp. significant portion of its range, we delist ferripilosa, Cyrtandra filipes, Cyrtandra 834–835) moved the plants previously G. lanaiensis due to error in the original oxybapha, Festuca molokaiensis, recognized as S. freycinetianum var. listing. We did not receive any public Geranium hanaense, Geranium lanaiense to S. haleakalae var. comments on our proposed delisting of hillebrandii, Mucuna sloanei var. G. lanaiensis due to taxonomic error. lanaiense. The range of S. haleakalae persericea, Myrsine vaccinioides, var. lanaiense now includes Molokai, An Ecosystem-based Approach Peperomia subpetiolata, Phyllostegia Lanai, and east and west Maui (HBMP bracteata, Phyllostegia haliakalae, 2010; Harbaugh et al. 2010, pp. 834– On the islands of Molokai, Lanai, and Phyllostegia pilosa, Pittosporum 835). Because the range of the listed Maui, as on most of the Hawaiian halophilum, Pleomele fernaldii, entity has changed, we evaluated the Islands, native species that occur in the Schiedea jacobii, Schiedea laui, effects of the five factors described in same habitat types (ecosystems) depend Schiedea salicaria, Stenogyne section 4(a)(1) of the Act on S. on many of the same biological features kauaulaensis, and Wikstroemia villosa; haleakalae var. lanaiense as currently and the successful functioning of that recognized and determine that this ecosystem to survive. We have therefore and the tree snails Newcombia cumingi, species as described herein warrants its organized the species addressed in this Partulina semicarinata and Partulina status as endangered under the Act (see final rule by common ecosystem. variabilis, from the islands of Molokai, Summary of Factors Affecting the 40 Although the listing determination for Lanai, and Maui as endangered species. Maui Nui Species, below). each species is analyzed separately, we We are also listing the plant Canavalia have organized the individual analysis pubescens, known from the islands of Delisting of Gahnia lanaiensis for each species within the context of , , Lanai, and Maui as an Gahnia lanaiensis was listed as the broader ecosystem in which it endangered species. In addition, we endangered in 1991 (56 FR 47686; occurs to avoid redundancy. In reaffirm the listing of two plant species, September 20, 1991). At that time, this addition, native species that share Santalum haleakalae var. lanaiense species was known from 15 or 16 large ecosystems often face a suite of common (formerly Santalum freycinetianum var. ‘‘clumped’’ plants growing on the factors that may negatively impact them, lanaiense) from the islands of Molokai, summit of Lanaihale, on the island of and ameliorating or eliminating these Lanai, and Maui, and Cyanea Lanai. The distribution of these plants threats for each individual species often grimesiana ssp. grimesiana, known from was considered to be the entire known requires the exact same management Oahu and Molokai, as endangered range of the species. Gahnia lanaiensis actions in the exact same areas. Effective species. These 40 species (37 plants and was listed as threatened due the small management of these threats often 3 tree snails) are found in 10 ecosystem number of individuals remaining and requires implementation of conservation types: Coastal, lowland dry, lowland resulting negative consequences of very actions at the ecosystem scale to mesic, lowland wet, montane dry, small populations, which increased the enhance or restore critical ecological montane wet, montane mesic, potential for extinction of the species processes and provide for long-term subalpine, dry cliff, and wet cliff (Table due to stochastic events; the potential viability of those species in their native 3).

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32017

TABLE 3—THE 40 MAUI NUI SPECIES 1 AND THE ECOSYSTEMS UPON WHICH THEY DEPEND

Island Ecosystem Molokai Lanai Maui

Coastal ...... Pittosporum halophilum ...... Canavalia pubescens Lowland Dry ...... Pleomele fernaldii ...... Bidens campylotheca ssp. pentamera. Canavalia pubescens. Cyanea obtusa. Santalum haleakalae var. lanaiense. Schiedea salicaria. Lowland Mesic ... Cyanea profuga ...... Pleomele fernaldii ...... Bidens campylotheca ssp. pentamera. Cyanea solanacea ...... Santalum haleakalae var. lanaiense ...... Cyanea asplenifolia. Cyrtandra filipes ...... Cyanea mauiensis.2 Festuca molokaiensis ...... Santalum haleakalae var. lanaiense Phyllostegia haliakalae Phyllostegia pilosa Santalum haleakalae var. lanaiense Lowland Wet ...... Cyanea grimesiana ssp. grimesiana ...... Pleomele fernaldii ...... Bidens campylotheca ssp. waihoiensis. Cyanea solanacea ...... Santalum haleakalae var. lanaiense ...... Bidens conjuncta. Cyrtandra filipes ...... Partulina semicarinata ...... Cyanea asplenifolia. Partulina variabilis ...... Cyanea duvalliorum. Cyanea kunthiana. Cyanea magnicalyx. Cyanea maritae. Cyrtandra filipes. Mucuna sloanei var. persericea. Phyllostegia bracteata Santalum haleakalae var. lanaiense. Wikstroemia villosa. Newcombia cumingi. Montane Dry ...... Santalum haleakalae var. lanaiense. Montane Mesic .. Cyanea solanacea ...... Bidens campylotheca ssp.pentamera. Santalum haleakalae var. lanaiense ...... Cyanea horrida. Cyanea kunthiana. Cyanea magnicalyx. Cyanea obtusa. Cyrtandra ferripilosa. Cyrtandra oxybapha Geranium hillebrandii. Phyllostegia bracteata. Phyllostegia haliakalae. Santalum haleakalae var. lanaiense. Stenogyne kauaulaensis. Wikstroemia villosa. Montane Wet ..... Cyanea profuga ...... Santalum haleakalae var. lanaiense ...... Bidens campylotheca ssp. pentamera. Cyanea solanacea ...... Partulina semicarinata ...... Bidens campylotheca ssp. waihoiensis. Phyllostegia pilosa ...... Partulina variabilis ...... Bidens conjuncta. Schiedea laui ...... Calamagrostis hillebrandii. Cyanea duvalliorum. Cyanea horrida. Cyanea kunthiana. Cyanea maritae. Cyrtandra ferripilosa. Cyrtandra oxybapha. Geranium hanaense. Geranium hillebrandii. Myrsine vaccinioides. Peperomia subpetiolata. Phyllostegia bracteata. Phyllostegia pilosa. Schiedea jacobii. Wikstroemia villosa. Subalpine ...... Phyllostegia bracteata. Dry Cliff ...... Phyllostegia haliakalae ...... Pleomele fernaldii ...... Bidens campylotheca ssp. pentamera. Pleomele fernaldii ...... Cyanea mauiensis. 2 Wet Cliff ...... Cyanea grimesiana ssp. grimesiana ...... Cyanea munroi ...... Bidens campylotheca ssp. pentamera. Cyanea munroi ...... Phyllostegia haliakalae ...... Bidens campylotheca ssp. waihoiensis. Pleomele fernaldii ...... Bidens conjuncta. Santalum haleakalae var. lanaiense ...... Cyanea horrida. Partulina semicarinata ...... Cyanea magnicalyx. Partulina variabilis ...... Cyrtandra filipes. Phyllostegia bracteata. Phyllostegia haliakalae.

VerDate Mar<15>2010 19:06 May 24, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32018 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

TABLE 3—THE 40 MAUI NUI SPECIES 1 AND THE ECOSYSTEMS UPON WHICH THEY DEPEND—Continued

Island Ecosystem Molokai Lanai Maui

Santalum haleakalae var. lanaiense. 1 37 species are plants and 3 species (Newcombia cumingi, Partulina semicarinata, and Partulina variabilis) are tree snails. 2 Not seen since the 1800s.

For each species, we identified and imminence, and its scope. Beyond The Islands of Maui Nui evaluated those factors that adversely ecosystem-level impacts, we further impact the species and that may be identified and evaluated factors that The islands of Maui Nui include common to all of the species at the may represent unique adverse impacts Molokai, Lanai, Maui, and Kahoolawe ecosystem level. For example, the to certain species, but do not apply to (Figure 1). During the last Ice Age, about degradation of habitat by nonnative all species under consideration within 21,000 years ago, when sea levels were ungulates is considered a threat to 37 of the same ecosystem. For example, the approximately 459 feet (ft) (140 meters (m)) below their present level, these four the 40 species, and is likely a threat to threat of predation by nonnative snails islands were connected by a broad many, if not most or even all, of the is unique to the three tree snails in this lowland plain and unified as a single native species within a given ecosystem. rule, and is not applicable to any of the We consider such a threat to be an island (Nullet et al. 1998, p. 64; Ziegler other 37 species. We have identified ‘‘ecosystem-level threat,’’ as each 2002, p. 22). This land bridge allowed such threats, which apply only to individual species within that the movement and interaction of each ecosystem faces an adverse impact that certain species within the ecosystems island’s flora and fauna and contributed is essentially identical in terms of the addressed here, as ‘‘species-specific to the present close relationships of nature of the its impact, its severity, its threats.’’ their biota (Nullet et al. 1998, p. 64).

The island of Molokai is the fifth volcanoes and is about 260 square miles 13). The volcanoes that make up most largest of the eight main Hawaiian (sq mi) (673 square kilometers (sq km)) of the land mass of Molokai include the Islands. It was formed from three shield in area (Juvik and Juvik 1998, pp. 11, west and east Molokai mountains, and

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.000 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32019

a that formed Kalaupapa on the slopes of Haleakala ranges from Maui Nui Ecosystems peninsula. The taller and larger east about 35 in (89 cm) to over 400 in (1,000 There are 11 different ecosystems Molokai mountain rises 4,970 ft (1,514 cm) per year, with its windward (coastal, lowland dry, lowland mesic, m) above sea level and comprises (northeastern) slope receiving the most lowland wet, montane dry, montane roughly 50 percent of the island’s area precipitation (Giambelluca et al. 2011– mesic, montane wet, subalpine, alpine, (Juvik and Juvik 1998, p. 11). Online Rainfall Atlas of Hawaii). dry cliff, and wet cliff) recognized on Topographically, the windward (north) However, Haleakala’s crater is a dry the islands of Maui Nui. The 40 species side of east Molokai differs from the cinder desert because it is above the in this rule occur in 10 of these leeward (south) side. Precipitous cliffs level at which precipitation develops ecosystems (all except the alpine). All line the windward coast and deep and is sheltered from moisture-laden 11 Maui Nui ecosystems are described valleys dissect the coastal area. The winds usually associated with in the following section. annual rainfall on the windward side of orographic (mountain) rainfall Molokai is 75 to more than 150 inches (Giambelluca and Schroeder 1998, p. Coastal (in) (200 to more than 375 centimeters 55). The coastal ecosystem is found on all The island of Kahoolawe is the (cm)) (Giambelluca and Schroeder 1998, of the main Hawaiian Islands, with the smallest of the eight main Hawaiian p. 50). highest native species diversity in the The island of Lanai is the sixth largest Islands, located southeast of Molokai least populated coastal areas of Kauai, of the eight main Hawaiian Islands, and northwest of Hawaii Island. The Oahu, Molokai, Maui, Kahoolawe, located southeast of Molokai and island is about 45 sq mi (116 sq km) in northwest of Hawaii Island. It is located area, and was formed from a single Hawaii Island, and their associated in the lee or rain shadow of the taller (Clague 1998, p. 42; islets. On Molokai, Lanai, Maui, and . Lanai was formed Juvik and Juvik 1998, pp. 7, 16). The Kahoolawe, the coastal ecosystem from a single shield volcano and built maximum elevation on Kahoolawe is includes mixed herblands, shrublands, by eruptions at its summit and along 1,477 ft (450 m) at the summit of Puu and grasslands, from sea level to 980 ft three rift zones (Clague 1998, p. 42). The Moaulanui (Juvik and Juvik 1998, pp. (300 m) in elevation, generally within a island is about 140 sq mi (364 sq km) 15–16). Kahoolawe is in the rain narrow zone above the influence of in area and its highest point, Lanaihale, shadow of Haleakala and is arid, waves to within 330 ft (100 m) inland, has an elevation of 3,366 ft (1,027 m) receiving no more than 25 in (65 cm) of sometimes extending further inland if (Clague 1998, p. 42; Juvik and Juvik rainfall annually (Juvik and Juvik 1998, strong prevailing onshore winds drive 1998, p. 13; Walker 1999, p. 21). Annual p. 16; Mitchell et al. 2005, pp. 6–66). sea spray and sand dunes into the rainfall on the summit is 30 to 40 in (76 The vegetation of the islands of Maui lowland zone (The Nature Conservancy to 102 cm), but is considerably less, 10 Nui has undergone extreme alterations (TNC) 2006a). The coastal ecosystem is to 20 in (25 to 50 cm), over much of the because of past and present land use typically dry, with annual rainfall of rest of the island (Giambelluca and and other activities. Land with rich less than 20 in (50 cm); however, Schroeder 1998, p. 56). was altered by the early Hawaiians and, windward rainfall may be high enough The island of Maui is the second more recently, converted to agricultural (up to 40 in (100 cm)) to support mesic- largest of the eight main Hawaiian use in the production of sugar and associated and sometimes wet- Islands, located southeast of Molokai (Gagne and Cuddihy 1999, p. associated vegetation (Gagne and and northwest of Hawaii Island (Juvik 45) or pasture. For example, on Cuddihy 1999, pp. 54–66). Biological and Juvik 1998, p. 14). It was formed Haleakala, on the island of Maui, the diversity is low to moderate in this from two shield volcanoes and resulted upland slopes have been converted to ecosystem, but may include some in the west Maui mountains, which are diversified agriculture and cattle specialized plants and animals such as about 1.3 million years old, and (Juvik and Juvik 1998, p. 16). nesting seabirds and the endangered Haleakala on east Maui, which is about Archaeological surveys suggest that the plant Sesbania tomentosa (ohai) (TNC 750,000 years old (Juvik and Juvik 1998, early Hawaiians did not live in the 2006a). The plants Canavalia pubescens p. 14). West and east Maui are highest areas of Haleakala but instead and Pittosporum halophilum, which are connected by the central Maui isthmus, inhabited the area temporarily for listed as endangered in this final rule, and the island’s total land area is 729 sq religious ceremonies, the creation of are reported in this ecosystem on mi (1,888 sq km) (Juvik and Juvik 1998, adzes (tools used for smoothing or Molokai or Lanai (Hawaii Biodiversity p. 14; Walker 1999, p. 21). The west carving wood), and bird hunting and Mapping Program (HBMP) 2008; Maui mountains have been eroded by (Burney 1997, p. 448). Intentional and TNC 2007). streams that created deep valleys and inadvertent introduction of alien plant Lowland Dry ridges. The highest point on west Maui and animal species has also contributed is Puu Kukui at 5,788 ft (1,764 m) in to the reduction in range of native The lowland dry ecosystem includes elevation, with with an average rainfall vegetation on the islands of Maui Nui shrublands and forests generally below greater than 400 in (1,020 cm) per year (throughout this rule, the terms ‘‘alien,’’ 3,300 ft (1,000 m) elevation that receive (Juvik and Juvik 1998, p. 14; Wagner et ‘‘feral,’’ ‘‘nonnative,’’ and ‘‘introduced’’ less than 50 in (130 cm) annual rainfall, al. 1999b, p. 41; Giambelluca et al. all refer to species that are not naturally or are in otherwise prevailingly dry 2011–Online Rainfall Atlas of Hawaii). native to the Hawaiian Islands). substrate conditions that range from East Maui’s Haleakala volcano remains Currently, most of the native vegetation weathered reddish silty loams to stony volcanically active, with its last on the islands persists on upper clay soils, rocky ledges with very eruption occurring less than 500 years elevation slopes, valleys and ridges; shallow , or relatively recent little- ago (Sherrod et al. 2007, p. 40). steep slopes; precipitous cliffs; valley weathered (Gagne and Cuddihy Haleakala rises 10,023 ft (3,055 m) in headwalls; and other regions where 1999, p. 67). Areas consisting of elevation, and despite being younger in unsuitable topography has prevented predominantly native species in the age, possesses areas of diverse urbanization and agricultural lowland dry ecosystem are now rare; vegetation equal or greater than the development, or where inaccessibility this ecosystem is found on the islands older and more eroded west Maui has limited encroachment by nonnative of Kauai, Oahu, Molokai, Lanai, Maui, mountains (Price 2004, p. 493). Rainfall plant and animal species. Kahoolawe and Hawaii, and is best

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32020 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

represented on the leeward sides of the substrate conditions (TNC 2006d). On Kauai, Molokai, Maui, and Hawaii islands (Gagne and Cuddihy 1999, p. the islands of Maui Nui, this system is Island (Gagne and Cuddihy 1999, pp. 67). On the islands of Maui Nui, this best developed in wet valleys and 97–99; TNC 2007). Native biological ecosystem is typically found on the slopes on Molokai, Lanai, and Maui diversity is moderate, and this habitat is leeward side of the mountains (Gagne (TNC 2006d). Native biological diversity important for Hawaiian forest birds and Cuddihy 1999, p. 67; TNC 2006b). is high in this system (TNC 2006d). The (Gagne and Cuddihy 1999, pp. 98–99; Native biological diversity is low to plants Bidens campylotheca ssp. TNC 2006f). The plants Bidens moderate in this ecosystem, and waihoiensis, B. conjuncta, Cyanea campylotheca ssp. pentamera, Cyanea includes specialized animals and plants asplenifolia, C. duvalliorum, C. horrida, C. kunthiana, C. magnicalyx, C. such as the Hawaiian owl or pueo (Asio grimesiana ssp. grimesiana, C. obtusa, C. solanacea, Cyrtandra flammeus sandwichensis) and Santalum kunthiana, C. magnicalyx, C. maritae, C. ferripilosa, C. oxybapha, Geranium ellipticum (iliahialoe or coast solanacea, Cyrtandra filipes, Mucuna hillebrandii, Phyllostegia bracteata, sandalwood) (Wagner et al. 1999c, pp. sloanei var. persericea, Phyllostegia Phyllostegia haliakalae, Santalum 1,220–1,221; TNC 2006b). The plants bracteata, Pleomele fernaldii, Santalum haleakalae var. lanaiense, Stenogyne Bidens campylotheca ssp. pentamera, haleakalae var. lanaiense, and kauaulaensis, and Wikstroemia villosa, Canavalia pubescens, Cyanea obtusa, Wikstroemia villosa; and the tree snails which are listed as endangered in this Pleomele fernaldii, Santalum Newcombia cumingi, Partulina final rule, are reported in this ecosystem haleakalae var. lanaiense, and Schiedea semicarinata, and P. variabilis, which on Molokai or Maui (TNC 2007; HBMP salicaria, which are listed as are listed as endangered in this final 2008; HNP 2012, in litt.). endangered in this final rule, are rule, are reported in this ecosystem on Montane Dry reported from this ecosystem on Lanai Molokai, Lanai, or Maui (HBMP 2008; or Maui (HBMP 2008; TNC 2007). TNC 2007). The montane dry ecosystem is composed of natural communities Lowland Mesic Montane Wet (shrublands, grasslands, forests) found The lowland mesic ecosystem The montane wet ecosystem is at elevations between 3,300 and 6,500 ft includes a variety of grasslands, composed of natural communities (1,000 and 2,000 m), in areas where shrublands, and forests, generally below (grasslands, shrublands, forests, and annual precipitation is less than 50 in 3,300 ft (1,000 m) elevation, that receive bogs) found at elevations between 3,300 (130 cm), or are in otherwise dry between 50 and 75 in (130 and 190 cm) and 6,500 ft (1,000 and 2,000 m), in substrate conditions (TNC 2006g). This annual rainfall (TNC 2006c). In the areas where annual precipitation is system is found on the islands of Maui Hawaiian Islands, this ecosystem is greater than 75 in (190 cm) (TNC 2006e). and Hawaii (Gagne and Cuddihy 1999, found on Kauai, Molokai, Lanai, Maui, This system is found on all of the main pp. 93–97). The only plant species listed and Hawaii, on both windward and Hawaiian Islands except Niihau and as endangered in this final rule that is leeward sides of the islands. On the Kahoolawe, and only the islands of found in this ecosystem is Santalum islands of Maui Nui, this ecosystem is Molokai, Maui, and Hawaii have areas haleakalae var. lanaiense (TNC 2007; typically found on the leeward slopes of above 4,020 ft (1,225 m) (TNC 2006e). HBMP 2008). Molokai, Lanai, and Maui (Gagne and On the islands of Maui Nui this Cuddihy 1999, p. 75; TNC 2006c). ecosystem is found on Molokai, Lanai, Subalpine Native biological diversity is high in and Maui (TNC 2007). Native biological The subalpine ecosystem is composed this system (TNC 2006c). The plants diversity is moderate to high (TNC of natural communities (shrublands, Bidens campylotheca ssp. pentamera, 2006e). The plants Bidens campylotheca grasslands, forests) found at elevations Cyanea asplenifolia, C. profuga, C. ssp. pentamera, B. campylotheca ssp. between 6,500 ft and 9,800 ft (2,000 and solanacea, Cyrtandra filipes, Festuca waihoiensis, B. conjuncta, 3,000 m), in areas where annual molokaiensis, Phyllostegia haliakalae, Calamagrostis hillebrandii, Cyanea precipitation is seasonal, between 15 P. pilosa, Pleomele fernaldii, and duvalliorum, C. horrida, C. kunthiana, and 40 in (38 and 100 cm), or are in Santalum haleakalae var. lanaiense, C. maritae, C. profuga, C. solanacea, otherwise dry substrate conditions (TNC which are listed as endangered in this Cyrtandra ferripilosa, C. oxybapha, 2006h). Fog drip is an important final rule, are reported in this ecosystem Geranium hanaense, G. hillebrandii, moisture supplement (Gagne and on this islands of Molokai, Lanai, or Myrsine vaccinioides, Peperomia Cuddihy 1999, pp. 107–110). This Maui (HBMP 2008; TNC 2007). In subpetiolata, Phyllostegia bracteata, P. system is found on the islands of Maui addition, Cyanea mauiensis, also listed pilosa, Santalum haleakalae var. and Hawaii (Gagne and Cuddihy 1999, as endangered in this final rule, may lanaiense, Schiedea jacobii, S. laui, and pp. 107–110). Native biological diversity have occurred in this ecosystem on Wikstroemia villosa; and the tree snails is not high, but specialized invertebrates Maui, but this species has not been Partulina semicarinata and P. variabilis, and plants (Sophora chrysophylla observed for over 100 years. The which are listed as endangered in this (mamane), species-specific habitat needs of Cyanea final rule, are reported in this ecosystem (naio), and Deschampsia nubigena mauiensis are not known. on the islands of Molokai, Lanai, or (hairgrass)) are reported in this Maui (HBMP 2008; TNC 2007). ecosystem (TNC 2006h). The plant Lowland Wet Phyllostegia bracteata, which is listed as Montane Mesic The lowland wet ecosystem is endangered in this final rule, is reported generally found below 3,300 ft (1,000 m) The montane mesic ecosystem is in this ecosystem (TNC 2007; HBMP elevation on the windward sides of the composed of natural communities 2008). main Hawaiian Islands, except Niihau (forests and shrublands) found at and Kahoolawe (Gagne and Cuddihy elevations between 3,300 and 6,500 ft Alpine 1999, p. 85; TNC 2006d). These areas (1,000 and 2,000 m), in areas where The alpine ecosystem is composed of include a variety of wet grasslands, annual precipitation is between 50 and natural communities (shrublands, shrublands, and forests that receive 75 in (130 and 190 cm), or are in alpine lake, aeolian (wind-shaped) greater than 75 in (190 cm) annual otherwise mesic substrate conditions desert) found at elevations above 9,800 precipitation, or are in otherwise wet (TNC 2006f). This system is found on ft (3000 m), in areas where annual

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32021

precipitation is infrequent, with frost lanaiense, and the tree snails Partulina (TNC 2007; HBMP 2008; Welton 2008, and snow, and intense solar radiation semicarinata and P. variabilis, which in litt.). Approximately 200 plants are (TNC 2006i). Fog drip is an important are listed as endangered in this final scattered over an area of about 2.5 miles moisture supplement (Gagne and rule, are reported in this ecosystem on (4 km) in Kipahulu Valley (Welton Cuddihy 1999, pp. 107–110). This the islands of Molokai, Lanai, or Maui 2010a, in litt.). In 1974, hundreds of system is found on the islands of Maui (HBMP 2008; TNC 2007). individuals were observed in Waihoi and Hawaii (Gagne and Cuddihy 1999, Valley along Waiohonu stream (NTBG Description of the 40 Maui Nui Species pp. 107–110). Native biological diversity 2009b, p. 4). is not high, but highly specialized Below is a brief description of each of Bidens conjuncta (kookoolau), a plants, such as the threatened the 40 Maui Nui species, presented in perennial herb in the sunflower family Argyroxiphium sandwicense ssp. alphabetical order by . Plants are (), occurs only on the island macrocephalum (ahinahina), occur in presented first, followed by animals. of Maui (Ganders and Nagata 1999, pp. this ecosystem on Maui (TNC 2006i). Plants 273–274). Historically, this species was None of the species being listed as known only from the mountains of west endangered in this final rule are In order to avoid confusion regarding Maui in the Honokohau drainage basin reported from this ecosystem (TNC the number of locations of each species (Sherff 1923, p. 162). Currently, B. 2007; HBMP 2008). (a location does not necessarily conjuncta is found scattered throughout represent a viable population, as in the upper elevation drainages of the Dry Cliff some cases there may only be one or a west Maui mountains in the lowland The dry cliff ecosystem is composed very few representatives of the species wet, montane wet, and wet cliff of vegetation communities occupying present), we use the word ‘‘occurrence’’ ecosystems, in 9 occurrences totaling an steep slopes (greater than 65 degrees) in instead of ‘‘population.’’ Each estimated 7,000 individuals (TNC 2007; areas that receive less than 75 in (190 occurrence is composed only of wild HBMP 2008; Oppenheimer 2008a, in cm) of rainfall annually, or are in (i.e., not propagated and outplanted) litt.; Perlman 2010, in litt.). otherwise dry substrate conditions (TNC individuals. Calamagrostis hillebrandii (NCN), a 2006j). This ecosystem is found on all Bidens campylotheca ssp. pentamera perennial in the grass family (Poaceae), of the main Hawaiian Islands except (kookoolau), a perennial herb in the occurs only on the island of Maui Niihau, and is best represented along sunflower family (Asteraceae), occurs (O’Connor 1999, p. 1,509). Historically, the leeward slopes of Lanai and Maui only on the island of Maui (Ganders and this species was known from Puu Kukui (TNC 2006j). A variety of shrublands Nagata 1999, pp. 271, 273). Historically, in the west Maui mountains (Wagner et occur within this ecosystem (TNC B. campylotheca spp. pentamera was al. 2005a–Flora of the Hawaiian Islands 2006j). Native biological diversity is low found on Maui’s eastern volcano database). Currently, this species is to moderate (TNC 2006j). The plants (Haleakala). Currently, this subspecies is found in bogs in the montane wet Bidens campylotheca ssp. pentamera, found on east Maui in the montane ecosystem in the west Maui mountains, Phyllostegia haliakalae, and Pleomele mesic, montane wet, dry cliff, and wet from Honokohau to Kahoolewa ridge, fernaldii, which are listed as cliff ecosystems of Waikamoi Preserve including East Bog and Eke Crater, in endangered in this final rule, are and Kipahulu Valley (in Haleakala three occurrences totaling a few reported in this ecosystem on Lanai or National Park) (TNC 2007; HBMP 2008; hundred individuals (TNC 2007; HBMP Maui (HBMP 2008; TNC 2007). In Welton 2008, in litt.; National Tropical 2008; Oppenheimer 2010a, in litt.). addition, Cyanea mauiensis, also listed Botanical Garden (NTBGa) 2009, pp. 1– Canavalia pubescens (awikiwiki), a as endangered in this final rule, may 2; Fay 2010, in litt.). It is uncertain if perennial climber in the pea family have occurred in this ecosystem on plants observed in the Hana Forest (), is currently found only on Maui, but this species has not been Reserve at Waihoi Valley are B. the island of Maui, although it was also observed for over 100 years. The campylotheca ssp. pentamera historically known from Niihau, Kauai, species-specific habitat needs of Cyanea (Osterneck 2010, in litt.; Haleakala and Lanai (Wagner and Herbst 1999, p. mauiensis are not known. National Park (HNP) 2012, in litt.). On 654). On Niihau, this species was west Maui, B. campylotheca ssp. known from one population in Haao Wet Cliff pentamera is found on and near cliff Valley that was last observed in 1949 The wet cliff ecosystem is generally walls in the lowland dry and lowland (HBMP 2008). On Kauai, this species composed of shrublands on near- mesic ecosystems of Papalaua Gulch was known from six populations vertical slopes (greater than 65 degrees) (West Maui Forest Reserve) and Kauaula ranging from Awaawapuhi to Wainiha, in areas that receive more than 75 in Valley (NTBG 2009a, pp. 1–2; Perlman where it was last observed in 1977 (190 cm) of annual precipitation, or in 2009a, in litt.). The 6 occurrences on (HBMP 2008). On Lanai, this species otherwise wet substrate conditions east and west Maui total approximately was known from Kaena Point to Huawai (TNC 2006k). This system is found on 200 individuals. Bay. Eight individuals were reported in the islands of Kauai, Oahu, Molokai, Bidens campylotheca ssp. waihoiensis the coastal ecosystem west of Hulupoe, Lanai, Maui, and Hawaii. On the islands (kookoolau), a perennial herb in the but they have not been seen since 1998 of Maui Nui, this system is typically sunflower family (Asteraceae), occurs (Oppenheimer 2007a, in litt.; HBMP found along the windward sides of only on the island of Maui (Ganders and 2008). At present, the only known Molokai, Lanai, and Maui (TNC 2006k). Nagata 1999, pp. 271, 273). Historically, occurrence is on east Maui, from Puu o Native biological diversity is low to B. campylotheca ssp. waihoiensis was Kali south to Pohakea, in the lowland moderate (TNC 2006k). The plants found on Maui’s eastern volcano in dry ecosystem (Starr 2006, in litt.; Bidens campylotheca ssp. pentamera, B. Waihoi Valley and Kaumakani ridge Altenburg 2007, pp. 12–13; campylotheca ssp. waihoiensis, B. (HBMP 2008). Currently, this subspecies Oppenheimer 2006a, in litt.; 2007a, in conjuncta, Cyanea grimesiana ssp. is found in the lowland wet, montane litt.; Greenlee 2013, in litt.). All plants grimesiana, C.horrida, C. magnicalyx, C. wet, and wet cliff ecosystems in of this species that formerly were found munroi, Cyrtandra filipes, Phyllostegia Kipahulu Valley (Haleakala National in the Ahihi-Kinau Natural Area bracteata, P. haliakalae, Pleomele Park) and possibly in Waihoi Valley Reserve on Maui were destroyed by feral fernaldii, and Santalum haleakalae var. (Hana Forest Reserve) on east Maui goats (Capra hircus) by the end of 2010

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32022 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

(Fell-McDonald 2010, in litt.). In with many juveniles and seedlings litt.; Oppenheimer 2010a, in litt.; addition, although approximately 20 (NTBG 2009d, p. 2). Currently there are Osternak 2010, in litt.). individuals of Canavalia pubescens 2 occurrences with an approximate total Cyanea magnicalyx (haha), a were reported from the Palauea-Keahou of 71 individuals in the montane wet perennial shrub in the bellflower family area as recently as 2010 (Altenberg ecosystem near Makawao FR, with an (Campanulaceae), is known from west 2010, in litt.), no individuals have been additional 135 individuals outplanted Maui (Lammers 1999, pp. 449, 451; found in site visits to this area over the in Waikamoi Preserve (TNC 2007; NTBG Lammers 2004, p. 84). Currently, there last 2 years (Greenlee 2013, in litt.). 2009d, p. 2; Oppenheimer 2010a, in are seven individuals in three Greenlee (2013, in litt.) reports that litt.). occurrences on west Maui: two these plants may have succumbed to Cyanea grimesiana ssp. grimesiana individuals in Kaluanui, a subgulch of prolonged drought. In April of 2010, C. (haha), a shrub in the bellflower family Honokohau Valley, in the lowland wet pubescens totaled as many as 500 (Campanulaceae), is known only from ecosystem; four individuals in Iao individuals; however, with the loss of Oahu and Molokai (Lammers 2004 p. Valley in the wet cliff ecosystem; and the plants at Ahihi-Kinau Natural Area 84; Lammers 1999, pp. 449, 451; 68 FR one individual in a small drainage south Reserve and the loss of plants at 35950, June 17, 2003). On Molokai, this of the Kauaula rim, in the montane Palauea-Keahou, C. pubescens may species was last observed in 1991 in the mesic ecosystem (Lammers 2004, p. 87; currently total fewer than 200 wet cliff ecosystem at Wailau Valley Perlman 2009b in litt.; Wood 2009, in individuals at a single location. (PEPP 2010, p. 45). Currently, on Oahu litt.). Cyanea asplenifolia (haha), a shrub in there are five to six individuals in four Cyanea maritae (haha), a shrub in the the bellflower family (Campanulaceae), occurrences in the Waianae and Koolau bellflower family (Campanulaceae), is is found only on the island of Maui. Mountains (U.S. Army 2006; HBMP found only on Maui (Lammers 2004, p. This species was known historically 2008). 92). Sterile specimens were collected from Waihee Valley and Kaanapali on Cyanea horrida (haha nui), a member from the northwestern slopes of west Maui, and Halehaku ridge on east of the bellflower family Haleakala in the Waiohiwi watershed Maui (Lammers 1999, p. 445; HBMP (Campanulaceae), is a palm-like tree and east to Kipahulu in the early 1900s. 2008). On west Maui, in the lowland found only on the island of Maui. This Between 2000 and 2002, fewer than 20 wet ecosystem, there are 3 occurrences species was known historically from the individuals were found in the Waiohiwi totaling 14 individuals in the Puu Kukui slopes of Haleakala (Lammers 1999, p. area (Lammers 2004, pp. 92, 93). Preserve and two occurrences totaling 5 453; HBMP 2008). Currently, C. horrida Currently, there are 4 occurrences, individuals in the West Maui Natural is known from 12 occurrences totaling totaling between 23 to 50 individuals in Area Reserve. On east Maui, C. 44 individuals in the montane mesic, Kipahulu, Kaapahu, west Kahakapao, asplenifolia is found in 1 occurrence montane wet, and wet cliff ecosystems and in the Koolau FR in the lowland each in the lowland mesic ecosystem in in Waikamoi Preserve, Hanawai Natural wet and montane wet ecosystems on Haleakala National Park (53 individuals) Area Reserve, and Haleakala National east Maui (TNC 2007; Oppenheimer and Kipahulu Forest Reserve (FR) (140 Park on east Maui (TNC 2007; HBMP 2010b, in litt.; Welton 2010b, in litt.). individuals), and 1 occurrence in the 2008; PEPP 2009, p. 52; PEPP 2010, pp. Cyanea mauiensis (haha), a perennial lowland wet ecosystem in the Makawao 46–47; Oppenheimer 2010c, in litt.; shrub in the bellflower family FR (5 individuals) (TNC 2007; HBMP TNCH 2010a, p. 1). (Campanulaceae), was last observed on 2008; Oppenheimer 2008b, in litt, Cyanea kunthiana (haha), a shrub in Maui about 100 years ago (Lammers 2010b, in litt.; PEPP 2008, p. 48; Welton the bellflower family (Campanulaceae), 2004, pp. 84–85; TNC 2007). Although and Haus 2008, p. 12; NTBG 2009c, pp. is found only on Maui, and was there are no documented occurrences of 3–5; Welton 2010a, in litt.). Currently, historically known from both the east this species known today, botanists C. asplenifolia is known from 8 and west Maui mountains (Lammers believe this species may still be extant occurrences totaling fewer than 200 1999, p. 453; HBMP 2008). Cyanea as all potentially suitable lowland mesic individuals. The occurrence at kunthiana was known to occur in the and dry cliff habitat has not been Haleakala National Park is protected by montane mesic ecosystem in the east surveyed. a temporary exclosure (HNP 2012, in Maui mountains in upper Kipahulu Cyanea munroi (haha), a short-lived litt.). Valley, in Haleakala National Park and shrub in the bellflower family Cyanea duvalliorum (haha), a tree in Kipahulu FR (HBMP 2008). Currently, (Campanulaceae), is known from the bellflower family (Campanulaceae), in the east Maui mountains, C. Molokai and Lanai (Lammers 1999, pp. is found only in the east Maui kunthiana occurs in the lowland wet 449, 451; Lammers 2004, pp. 84–87). mountains (Lammers 2004, p. 89). This and montane wet ecosystems in Currently, there are no known species was described in 2004, after the Waikamoi Preserve, Hanawi Natural individuals on Molokai (last observed in discovery of individuals of a previously Area Reserve, East Bog, Kaapahu, and 2001), and only two individuals on unknown species of Cyanea at Kipahulu Valley. In the west Maui Lanai at a single location, in the wet Waiohiwi Gulch (Lammers 2004, p. 91). mountains, C. kunthiana occurs in the cliff ecosystem (TNC 2007; HBMP 2008; Studies of earlier collections of sterile lowland wet and montane wet Perlman 2008a, in litt.; Wood 2009a, in material extend the historical range of ecosystems at Eke Crater, Kahoolewa litt.; Oppenheimer 2010d, in litt.). this species on the windward slopes of ridge, and at the junction of the Cyanea obtusa (haha), a shrub in the Haleakala in the lowland wet and Honokowai, Hahakea, and Honokohau bellflower family (Campanulaceae), is montane wet ecosystems, east of gulches (TNC 2007; HBMP 2008; NTBG found only on Maui (Lammers 1999, p. Waiohiwi Stream, from Honomanu 2009e, pp. 1–3; Perlman 2010, in litt.; 458). Historically, this species was Stream to Wailua Iki Streams, and to Oppenheimer 2010a, in litt.). The 15 found in both the east and west Maui Kipahulu Valley (Lammers 2004, p. 89). occurrences total 165 individuals, mountains (Hillebrand 1888, p. 254; In 2007, one individual was observed in although botanists speculate that this HBMP 2008). Not reported since 1919 the lowland wet ecosystem of the species may total as many as 400 (Lammers 1999, p. 458), C. obtusa was Makawao FR (NTBG 2009d, p. 2). In individuals with further surveys of rediscovered in the early 1980s at one 2008, 71 individuals were found in 2 potential habitat on east and west Maui site each on east and west Maui. new locations in the Makawao FR, along (TNC 2007; HBMP 2008; Fay 2010, in However, by 1989, plants in both

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32023

locations had disappeared (Hobdy et al. treatment of the species of the Hawaiian (Gesneriaceae), is found on Maui 1991, p. 3; Medeiros 1996, in litt.). In endemic genus Cyanea, Lammers (1999, (Wagner et al. 1999d, p. 771). This 1997, 4 individuals were observed in p. 464) included a few sterile specimens species was discovered in the upper Manawainui Gulch in Kahikinui, and of Cyanea from Puu Kukui, west Maui Pohakea Gulch in Hanaula in the west another occurrence of 5 to 10 and the type specimen (now destroyed) Maui mountains in 1986 (Wagner et al. individuals was found in Kahakapao for C. scabra var. sinuata from west 1989, p. 100; TNC 2007). Currently, Gulch, both in the montane mesic Maui in C. solanacea. However, there are 2 known occurrences with a ecosystem on east Maui (Wood and Oppenheimer recently reported total of 137 to 250 individuals. Perlman 1997, p. 11; Lau 2001, in litt.). (Oppenheimer 2010a, in litt.) that the Cyrtandra oxybapha occurs in the However, the individuals found at plants on west Maui were misidentified montane wet ecosystem on west Maui, Kahakapao Gulch are now considered to as C. solanacea and are actually C. from Hanaula to Pohakea Gulch. This be Cyanea elliptica or hybrids between macrostegia. Based on Oppenheimer’s occurrence totals between 87 and 97 C. obtusa and C. elliptica (PEPP 2007, p. recent field observations, the range of C. known individuals, with perhaps as 40). In 2001, several individuals were solanacea is limited to Molokai. many as 150 or more (Oppenheimer seen in Hanaula and Pohakea gulches Historically, Cyanea solanacea ranged 2008c, in litt.). The current status of the on west Maui; however, only hybrids from central Molokai at Kalae, eastward 50 to 100 individuals in the montane are currently known in this area (NTBG to Pukoo in the lowland mesic, lowland mesic ecosystem in Manawainui Gulch 2009f, p. 3). It is unknown if individuals wet, and montane mesic ecosystems on east Maui is unknown, as these of C. obtusa remain at Kahikinui, as (HBMP 2008). Currently, there are four plants have not been surveyed since access to the area to ascertain the status small occurrences at Hanalilolilo, near 1997 (Oppenheimer 2010a, in litt.). of these plants is difficult and has not Pepeopae Bog, Kaunakakai Gulch, and Festuca molokaiensis (NCN), a been attempted since 2001 (PEPP 2008, Kawela Gulch, in the montane wet member of the grass family (Poaceae), is p. 55; PEPP 2009, p. 58). Two ecosystem. These occurrences total 26 found on Molokai (Catalan et al. 2009, individuals were observed on a cliff individuals (Bakutis 2010, in litt.; p. 54). This species is only known from along Wailaulau Stream in the montane Oppenheimer 2010a, in litt.; TNCH the type locality at Kupaia Gulch, in the mesic ecosystem on east Maui in 2009 2011, pp. 21, 57). lowland mesic ecosystem (Catalan et al. (Duvall 2010, in litt.). Currently, this Cyrtandra ferripilosa (haiwale), a 2009, p. 55). Last seen in 2009, the species is known from one occurrence shrub in the African violet family current number of individuals is of only a few individuals in the (Gesneriaceae), occurs only on Maui (St. unknown; however, field surveys for F. montane mesic ecosystem on east Maui. John 1987, pp. 497–498; Wagner and molokaiensis at Kupaia Gulch are Historically, this species also occurred Herbst 2003, p. 29). This species was planned for 2011 (Oppenheimer 2010g, in the lowland dry ecosystem at discovered in 1980 in the east Maui in litt.). Oppenheimer (2011, pers. Manawainui on west Maui and at mountains at Kuiki in Kipahulu Valley comm.) suggests that the drought over Ulupalakua on east Maui (HBMP 2008). (St. John 1987, pp. 497–498; Wagner et the past couple of years on Molokai may Cyanea profuga (haha), a shrub in the al. 2005a–Flora of the Hawaiian Islands have suppressed the growth of F. bellflower family (Campanulaceae), database). Currently, there are a few molokaiensis and prevented its occurs only on Molokai (Lammers 1999, individuals each in two occurrences at observation by botanists in the field. He pp. 461–462; Wood and Perlman 2002, Kuiki and on the Manawainui plane in also suggested that this species may be p. 4). Historically, this species was the montane mesic and montane wet an annual whose growth will be found in Mapulehu Valley and along ecosystems (Oppenheimer 2010f, in litt.; stimulated by normal rainfall patterns. Pelekunu Trail, and has not been seen Welton 2010a, in litt.). Geranium hanaense (nohoanu), a in those locations since the early 1900s Cyrtandra filipes (haiwale), a shrub in shrub in the geranium family (Wood and Perlman 2002, p. 4). In 2002, the African violet family (Gesneriaceae), (Geraniaceae), is found on Maui six individuals were discovered along a is found on Maui (Wagner et al. 1999d, (Wagner et al. 1999e, pp. 730–732). This stream in Wawaia Gulch (Wood and pp. 753–754; Oppenheimer 2006b, in species was first collected in 1973, from Perlman 2002, p. 4). In 2007, seven litt.). According to Wagner et al. (1999d, two adjacent montane bogs on the individuals were known from Wawaia p. 754), the range of C. filipes includes northeast rift of Haleakala, east Maui Gulch, and an additional six individuals Maui and Molokai. Historical (Medeiros and St. John 1988, pp. 214– were found in Kumueli (Wood 2005, p. collections from Kapunakea (1800) and 220). At that time, there were an 17; USFWS 2007a; PEPP 2010, p. 55). In Olowalu (1971) on Maui indicate it once estimated 500 to 700 individuals 2009, only four individuals remained at had a wider range on this island. In (Medeiros and St. John 1988, pp. 214– Wawaia Gulch; however, nine were 2004, it was believed there were over 220). Currently, G. hanaense occurs in found in Kumueli Gulch (Bakutis 2010, 2,000 plants at Honokohau and Waihee ‘‘Big Bog’’ and ‘‘Mid Camp Bog’’ in the in litt.; Oppenheimer 2010e, in litt.; in the west Maui mountains; however, montane wet ecosystem on the northeast Perlman 2010, in litt.; PEPP 2010, p. 55). recent studies have shown that these rift of Haleakala, with the same number Currently, there are 4 occurrences plants do not match the description for of estimated individuals (Welton 2008, totaling up to 34 individuals in the C. filipes (Oppenheimer 2006b, in litt.). in litt.; Welton 2010a, in litt.; Welton lowland mesic and montane wet Currently, there are between 134 and 2010b, in litt.). ecosystems on Molokai (TNC 2007; 155 individuals in 4 occurrences in the Geranium hillebrandii (nohoanu), a Bakutis 2010, in litt.; Perlman 2010, in lowland wet and wet cliff ecosystems at shrub in the geranium family litt.). Kapalaoa, Honokowai, Honolua, and (Geraniaceae), is found on Maui (Aedo Cyanea solanacea (popolo, haha nui), Waihee Valley on west Maui, and and Munoz Garmendia 1997; p. 725; a shrub in the bellflower family approximately 7 individuals at Wagner et al. 1999e, pp. 732–733; (Campanulaceae), is found only on Mapulehu in the lowland mesic Wagner and Herbst 2003, p. 28). Little Molokai. According to Lammers (1999, ecosystem on Molokai, with an is known of the historical locations of G. p. 464) and Wagner (et al. 2005a–Flora historical occurrence in the lowland wet hillebrandii, other than the type of the Hawaiian Islands database) the ecosystem (Oppenheimer 2010c, in litt.). collection made in the 1800s at Eke range of C. solanacea includes Molokai Cyrtandra oxybapha (haiwale), a Crater, in the west Maui mountains and may also include west Maui. In his shrub in the African violet family (Hillebrand 1888, p. 56). Currently, 4

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32024 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

occurrences total over 10,000 Oppenheimer 2010j, in litt.). In 2007, 20 wet, and montane mesic ecosystems of individuals, with the largest 2 to 30 hybrid plants were observed at Haleakala National Park (HNP 2012, in occurrences in the west Maui bogs, from Maile Trail, and at three areas near the litt.). Botanists continue to search in Puu Kukui to East Bog and Kahoolewa Waikamoi Flume road (NTBG 2009g, p. areas with potentially suitable habitat ridge. A third occurrence is at Eke 2). Based on the 2007 and 2010 surveys, for wild individuals of this plant Crater and the surrounding area, and the all known plants are now considered to (Oppenheimer 2010b, in litt.). fourth occurrence is at Lihau (HBMP be hybrids mostly between P. Phyllostegia haliakalae was last 2008; Oppenheimer 2010h, in litt.). subpetiolata and P. cookiana, with a reported from the lowland mesic These occurrences are found in the smaller number of hybrids between P. ecosystem on Molokai in 1928, and from montane wet and montane mesic subpetiolata and P. hirtipetiola (NTBG the dry cliff and wet cliff ecosystems on ecosystems on west Maui (TNC 2007). 2009g, p. 2; Lau 2011, in litt.). Lanai in the early 1900s (TNC 2007; Mucuna sloanei var. persericea (sea Peperomia subpetiolata is recognized as HBMP 2008). Currently no individuals bean), a vine in the pea family a valid species, and botanists continue are known in the wild on Maui, (Fabaceae), is found on Maui (Wilmot- to search for plants in its previously Molokai, or Lanai; however, over 100 Dear 1990, pp. 27–29; Wagner et al. known locations as well as in new individuals have been outplanted (HNP 2005a–Flora of the Hawaiian Islands locations with potentially suitable 2012, in litt). database). In her revision of Mucuna in habitat (NTBG 2009g, p. 2; PEPP 2010, Phyllostegia pilosa (NCN), a vine in the Pacific Islands, Wilmot-Dear p. 96; Lau 2011, pers. comm.). the mint family (Lamiaceae), is known recognized this variety from Maui based Phyllostegia bracteata (NCN), a from east Maui (Wagner 1999, p. 274). on leaf indumentum (covering of fine perennial herb in the mint family There are two occurrences totaling hairs or bristles) (Wilmot-Dear 1990, p. (Lamiaceae), is found on Maui (Wagner seven individuals west of Puu o 29). At the time of Wilmot-Dear’s et al. 1999h, pp. 814–815). Historically, on east Maui, in the montane wet publication, M. sloanei var. persericea this species was known from the east ecosystem (TNC 2007; HBMP 2008). The ranged from Makawao to Wailua Iki, on Maui mountains at Ukulele, Puu individuals identified as P. pilosa on the windward slopes of the east Maui Nianiau, Waikamoi Gulch, Koolau Gap, Molokai, at Kamoku Flats (montane wet mountains (Wagner et al. 2005a–Flora of Kipahulu, Nahiku-Kuhiwa trail, Waihoi ecosystem) and at Mooloa (lowland the Hawaiian Islands database). Valley, and Manawainui; and from the mesic ecosystem), have not been Currently, there are possibly a few west Maui mountains at Puu Kukui and observed since the early 1900s (TNC hundred individuals in five Hanakaoo (HBMP 2008). This species 2007; HBMP 2008). occurrences: Ulalena Hill, north of appears to be short-lived, ephemeral, Pittosporum halophilum (hoawa), a Kawaipapa Gulch, lower Nahiku, Koki and disturbance-dependent, in the shrub or small tree in the pittosporum Beach, and Piinau Road, all in the lowland wet, montane mesic, montane family (Pittosporaceae), is found on lowland wet ecosystem on east Maui wet, subalpine, and wet cliff ecosystems Molokai (Wood 2005, pp. 2, 41). This (Duvall 2010, in litt.; Hobdy 2010, in (NTBG 2009h, p. 1). There have been species was reported from Huelo islet, litt.). several reported sightings of P. bracteata Mokapu Island, Okala Island, and Myrsine vaccinioides (kolea), a shrub between 1981 and 2001, at Waihoi Kukaiwaa peninsula. On Huelo islet, in the myrsine family (Myrsinaceae), is Crater Bog, Waikamoi Preserve, there were two individuals in 1994, and found on Maui (Wagner et al. 1999f, p. Waikamoi flume, and Kipahulu on east in 2001, only one individual remained 946; HBMP 2008). This species was Maui, and at Pohakea Gulch on west (Wood et al. 2001, p. 12; Wood et al. historically known from shrubby bogs Maui; however, none of these 2002, pp. 18–19). The current status of near on west Maui (Wagner individuals were extant as of 2009 this species on Huelo islet is unknown. et al. 1999f, p. 946). In 2005, three (PEPP 2009, pp. 89–90). In 2009, one On Mokapu Island, there were 15 occurrences of a few hundred individual was found at Kipahulu, near individuals in the coastal ecosystem in individuals were reported at Eke, Puu Delta Camp, on east Maui, but was not 2001, and in 2005, 10 individuals Kukui and near Violet Lake relocated on a follow-up survey during remained. On Okala Island, there were (Oppenheimer 2006c, in litt.). Currently, that same year (NTBG 2009h, p. 3). two individuals in 2005, and one there are estimated to be several Botanists continue to search for P. individual on the sea cliff at Kukaiwaa hundred, but fewer than 1,000, bracteata in previously reported peninsula (Wainene) (Wood 2005, pp. 2, individuals scattered in the summit area locations, as well as in other areas with 41). As of 2010, there were three of the west Maui mountains at Eke potentially suitable habitat (NTBG occurrences totaling five individuals: Crater, Puu Kukui, Honokowai-Honolua, 2009h, p. 3; PEPP 2009, pp. 89–90). Three individuals on Mokapu Island, and Kahoolewa, in the montane wet Phyllostegia haliakalae (NCN), a vine one individual on Okala Island, and one ecosystem (Oppenheimer 2010i, in litt.). in the mint family (Lamiaceae), is individual on Kukaiwaa peninsula Peperomia subpetiolata (alaala wai known from Molokai, Lanai, and east (Bakutis 2010, in litt.; Hobdy 2010, in nui), a perennial herb in the pepper Maui (Wagner 1999, p. 269). The type litt.; Perlman 2010, in litt.). At least 17 family (Piperaceae), is found on Maui specimen was collected by Wawra in individuals have been outplanted at 3 (Wagner et al. 1999g, p. 1035; HBMP 1869 or 1870, in a dry ravine at the foot sites on the coastline of the nearby 2008). Historically, P. subpetiolata was of Haleakala. An individual was found Kalaupapa peninsula (Garnett 2010a, in known only from the lower Waikamoi in flower on the eastern slope of litt.). (Kula pipeline) area on the windward Haleakala, in the wet cliff ecosystem, in Pleomele fernaldii (hala pepe), a tree side of Haleakala on east Maui (Wagner 2009; however, this plant has died (TNC in the asparagus family (Asparagaceae), et al. 1999g, p. 1,035; HBMP 2008). In 2007; Oppenheimer 2010b, in litt.). is found only on the island of Lanai 2001, it was estimated that 40 Collections were made before the plant (Wagner et al. 1999i, p. 1,352; Wagner individuals occurred just west of the died, and propagules outplanted in the and Herbst 2003, p. 67). Historically Makawao-Koolau FR boundary, in the Puu Mahoe Arboretum (three plants) known throughout Lanai, this species is montane wet ecosystem. Peperomia and Olinda Rare Plant Facility (four currently found in the lowland dry, cookiana and P. hirtipetiola also occur plants) (Oppenheimer 2011b, in litt.). In lowland mesic, lowland wet, dry cliff, in this area, and are known to hybridize addition, this species has been and wet cliff ecosystems, from Hulopaa with P. subpetiolata (NTBG 2009g, p. 2; outplanted in the lowland wet, montane and Kanoa gulches southeast to

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32025

Waiakeakua and Puhielelu (St. John (Wagner et al. 1999j, p. 284). Discovered Stenogyne kauaulaensis (NCN), a vine 1947, pp. 39–42 cited in St. John 1985, in 1992, the single occurrence consisted in the mint family (Lamiaceae), occurs pp. 171, 177–179; HBMP 2006; HBMP of nine individuals along wet cliffs on Maui. This recently described (2008) 2008; PEPP 2008, p. 75; Oppenheimer between Hanawi Stream and Kuhiwa plant is found only along the 2010d, in litt.). Currently, there are drainage (in Hanawi Natural Area southeastern rim of Kauaula Valley, in several hundred to perhaps as many as Reserve), in the montane wet ecosystem the montane mesic ecosystem on west 1,000 individuals. The number of on east Maui (Wagner et al. 1999j, p. Maui (TNC 2007; Wood and individuals has decreased by about one- 286). By 1995, only four plants could be Oppenheimer 2008, pp. 544–545). At half in the past 10 years (there were relocated in this location. It appeared the time S. kauaulaensis was described, more than 2,000 individuals in 1999), that the other five known individuals the authors reported a total of 15 with very little recruitment observed had been destroyed by a landslide individuals in one occurrence. recently (Oppenheimer 2008d, in litt.). (Wagner et al. 1999j, p. 286). In 2004, However, one of the authors reports that Santalum haleakalae var. lanaiense one seedling was observed in the same due to the clonal (genetic duplicate) (iliahi, Lanai sandalwood) is a tree in location, and in 2010, no individuals growth habit of this species, botanists the sandalwood family (). were relocated (Perlman 2010, in litt.). believe it is currently represented by Currently, S. haleakalae var. lanaiense The State of Hawaii plans to outplant only three genetically distinct is known from Molokai, Lanai, and propagated individuals in a fenced area individuals (Oppenheimer 2010k, in Maui, in 26 occurrences totaling fewer in Hanawi Natural Area Reserve in 2011 litt.). than 100 individuals (Wagner et al. (Oppenheimer 2010a, in litt.; Perlman Wikstroemia villosa (akia), a shrub or 1999c, pp. 1,221–1,222; HBMP 2008; 2010, in litt.). tree in the akia family (), Harbaugh et al. 2010, pp. 834–835). On Schiedea laui (NCN), a perennial herb is found on Maui (Peterson 1999, pp. Molokai, there are more than 12 or subshrub in the pink family 1,290–1,291). Historically known from individuals in 4 occurrences from (Caryophyllaceae), is found only on the lowland wet, montane wet, and Kikiakala to Kamoku Flats and Puu Molokai (Wagner et al. 2005b, pp. 90– montane mesic ecosystems on east and Kokekole, with the largest concentration 92). In 1998, when this species was first west Maui, this species is currently at Kumueli Gulch, in the montane mesic observed, there were 19 individuals known from a recent discovery (2007) of and lowland mesic ecosystems located in a cave along a narrow stream one individual on the windward side of (Harbaugh et al. 2010, pp. 834–835). On corridor at the base of a waterfall in the Haleakala (on east Maui), in the Lanai, there are approximately 10 Preserve, in the montane wet montane wet ecosystem (Peterson 1999, occurrences totaling 30 to 40 ecosystem (Wagner et al. 2005b, pp. 90– p. 1,291; TNC 2007; HBMP 2008). As of individuals: Kanepuu, in the lowland 92). By 2000, only 9 individuals with a 2010, there was one individual and one mesic ecosystem (5 individuals); the few immature plants and seedlings were seedling at the same location headwaters of Waiopae Gulch in the relocated, and in 2006, 13 plants were (Oppenheimer 2010m, in litt.). In lowland wet ecosystem (3 individuals); seen (Wagner et al. 2005b, pp. 90–92; addition, three individuals have been the windward side of Hauola on the PEPP 2007, p. 57). Currently, there are outplanted in Waikamoi Preserve upper side of Waiopae Gulch in the 24 to 34 individuals in the same (Oppenheimer 2010m, in litt.). lowland mesic ecosystem (1 individual); location in Kamakou Preserve (Bakutis Animals the drainage to the north of Puhielelu 2010, in litt.). Ridge and exclosure, in the headwaters Schiedea salicaria (NCN), a shrub in Newcomb’s tree snail (Newcombia of Lopa Gulch in the lowland mesic the pink family (Caryophyllaceae), cumingi), a member of the family ecosystem (3 individuals); 6 occurrences occurs on Maui (Wagner et al. 1999j, pp. and the endemic near Lanaihale in the montane wet 519–520). It is historically known from Hawaiian subfamily Achatinellinae ecosystem (21 individuals); and the a small area on west Maui, from Lahaina (Newcomb 1853, p. 25), is known only mountains east of Lanai City in the to Waikapu. Currently, this species is from the island of Maui (Cowie et al. lowland wet ecosystem (a few found in three occurrences: Kaunoahua 1995, p. 62). All members of this species individuals) (HBMP 2008; Harbaugh et gulch (500 to 1,000 individuals), Puu have sinistral (left-coiling), oblong, al. 2010, pp. 834–835; HBMP 2010; Hona (about 50 individuals), and spindle-shaped shells of five to seven Wood 2010a, in litt.). On west Maui, Waikapu Stream (3 to 5 individuals), in whorls that are coarsely sculptured there are eight single-individual the lowland dry ecosystem on west (Cooke and Kondo 1960, pp. 9, 33). occurrences: Hanaulaiki Gulch in the Maui (TNC 2007; Oppenheimer 2010k, Newcomb’s tree snail reaches an adult lowland dry ecosystem; Kauaula and in litt.; Oppenheimer 2010l, in litt.). length of approximately 0.8 in (21 mm) Puehuehunui Gulches in the lowland Hybrids and hybrid swarms (hybrids and its shell is mottled in shades of mesic, montane mesic, and wet cliff between parent species, and brown that blend with the bark of its ecosystems; Kahanahaiki Gulch and subsequently formed progeny from native host plant, Metrosideros Honokowai Gulch in the lowland wet crosses among hybrids and crosses of polymorpha (ohia) (Pilsbry and Cooke ecosystem; Wakihuli in the wet cliff hybrids to parental species) between S. 1912–1914, p. 10; Thacker and Hadfield ecosystem; and Manawainui Gulch in salicaria and S. menziesii are known on 1998, p. 4). The exact life span and the montane mesic and lowland dry the western side of west Maui (Wagner fecundity of Newcomb’s tree snails is ecosystems (HBMP 2008; Harbaugh et et al. 2005b, p. 138). However, unknown, but they attain adult size al. 2010, pp. 834–835; Wood 2010a, in according to Weller (2012, in litt.) the within 4 to 5 years (Thacker and litt.). On east Maui, there are 4 hybridization process is natural when S. Hadfield 1998, p. 2). Newcomb’s tree occurrences (10 individuals) in Auwahi, salicaria and S. menziesii co-occur and snail is believed to exhibit the low in the montane mesic, montane dry, and because of the dynamics in this hybrid reproductive rate of other Hawaiian tree lowland dry ecosystems (TNC 2007; zone, traits of S. salicaria prevail and snails belonging to the same family HBMP 2008; Harbaugh et al. 2010, pp. replace those of S. menziesii. Weller (Thacker and Hadfield 1998, p. 2). It 834–835). (2012, in litt.) notes that populations of feeds on fungi and algae that grow on Schiedea jacobii (NCN), a perennial both species will likely remain distinct the leaves and trunks of its host plant herb or subshrub in the pink family because the two species do not overlap (Pilsbry and Cooke 1912–1914, p. 103). (Caryophyllaceae), occurs only on Maui throughout much of their range. Historically, this species was distributed

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32026 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

from the west Maui mountains (near 55, 12, 4, and 29 individuals, extended the comment period for the Lahaina and Wailuku) to the slopes of respectively, in the lowland wet, proposed rule for an additional 30 days, Haleakala (Makawao) on east Maui montane wet, and wet cliff ecosystems ending September 10, 2012. We (Pilsbry and Cooke 1912–1914, p. 10). In in central Lanai (Hadfield 2005, pp. 3– requested that all interested parties 1994, a small population of Newcomb’s 5; TNC 2007). submit comments or information tree snail was found on a single ridge on Partulina variabilis (Lanai tree snail, concerning the proposed listing and the northeastern slope of the west Maui pupu kani oe), a member of the family designation of critical habitat for 135 mountains, in the lowland wet Achatinellidae and the endemic species. We contacted all appropriate ecosystem (Thacker and Hadfield 1998, Hawaiian subfamily Achatinellinae, is State and Federal agencies, county p. 3; TNC 2007). Eighty-six snails were known only from the island of Lanai governments, elected officials, scientific documented in the same location in (Pilsbry and Cooke 1912–1914, p. 86). organizations, and other interested 1998; in 2006, only nine individuals The shell may coil to the right (dextral) parties and invited them to comment. In were located; and, in 2012, only one or left (sinistral), and both types can be addition, we published a public notice individual was located (Thacker and found within a single population. The of the proposed rule on June 20, 2012, Hadfield 1998, p. 2; Hadfield 2007, p. 8; oblong to ovate shells of the adult are in the local Honolulu Star Advertiser, Higashino 2013, in litt.). 0.5 to 0.6 in (14 to 16 mm) long, have Maui Times, and Molokai Dispatch Partulina semicarinata (Lanai tree 5 to 7 whorls, and have a white base newspapers, at the beginning of the snail, pupu kani oe), a member of the color with no bands or a variable comment period. We received three number of spiral bands around the family Achatinellidae and the endemic requests for public hearings. On January shells (Pilsbry and Cooke 1912–1914, Hawaiian subfamily Achatinellinae, is 31, 2013, we published a notice (78 FR pp. 67, 83–86). Adults may attain an age known only from the island of Lanai 6785) reopening the comment period on exceeding 15 to 20 years, and (Pilsbry and Cooke 1912–1914, p. 86). the June 11, 2012, proposed rule (77 FR reproductive output is low, with an The shell may coil to the right (dextral) 34464), announcing the availability of adult snail giving birth to 4 to 6 live or left (sinistral), but appears to be our draft economic analysis (DEA) on young per year (Hadfield and Miller constant within a population. The the proposed critical habitat, and 1989, pp. 10–12). Partulina variabilis is requesting comments on both the oblong to ovate shells of the adult are arboreal and nocturnal, and grazes on proposed rule and the DEA. This 0.6 to 0.8 in (16 to 20 mm) long, have fungi and algae growing on leaf surfaces comment period closed on March 4, 5 to 7 whorls, and range in color from (Pilsbry and Cooke 1912–1914, p. 103). 2013. In addition, in that same notice rusty brown to white, with some This snail is found on the following (January 31, 2013; 78 FR 6785) we individuals having bands around the native host plants: Metrosideros announced a public information shells. The shell has a distinctive keel polymorpha, Broussaisia arguta, meeting and hearing, which we held in that runs along the last whorl, and is Psychotria spp., Coprosma spp., Kihei, Maui, on February 21, 2013. more distinctive in juveniles (Pilsbry Melicope spp., and dead Cibotium During the comment periods, we and Cooke 1912–1914, pp. 86–88). glaucum. Occasionally Partulina received a total of 47 comment letters on Adults may attain an age exceeding 15 variabilis is found on nonnative plants the proposed listing of 38 species, to 20 years, and reproductive output is such as Psidium guajava and Cordyline reevaluation of listing for 2 species, and low, with an adult snail giving birth to australis (Hadfield 1994, p. 2). proposed designation of critical habitat. 4 to 6 live young per year (Hadfield and Historically, Partulina variabilis was For the reasons stated above, in this Miller 1989, pp. 10–12). Partulina found in wet and mesic M. polymorpha final rule we address only the comments semicarinata is arboreal and nocturnal, forests on Lanai. There are no historical regarding the proposed listing of 38 and grazes on fungi and algae growing population estimates for this snail, but species and reevaluation of listing for 2 on leaf surfaces (Pilsbry and Cooke qualitative accounts of Hawaiian tree species. Ten of the 47 letters contained 1912–1914, p. 103). This snail species is snails indicate they were widespread comments on both the proposed listing found on the following native host and abundant, possibly numbering in and proposed designation of critical plants: , the tens of thousands between the 1800s habitat. Two of the 47 letters contained Broussaisia arguta (kanawao), and early 1900s (Hadfield 1986, p. 69). comments only on the proposed listing Psychotria spp. (kopiko), Coprosma spp. In 1993, 111 individuals of P.variabilis of 38 species and reevaluation of listing (pilo), Melicope spp. (alani), and dead were found during surveys conducted in for 2 species. Three of the four peer Cibotium glaucum (tree fern, hapuu). its historical range. Subsequent surveys reviewers who provided comments Occasionally the snail is found on in 1994, 2000, 2001, and 2005 commented on the proposed listing of nonnative plants such as Psidium documented 175, 14, 6, and 90 one or more of the 38 species or on the guajava (guava), Cordyline australis individuals, respectively, in the lowland proposed listing and proposed critical (New Zealand tea tree), and Phormium wet, montane wet, and wet cliff habitat designation. One commenter tenax (New Zealand flax) (Hadfield ecosystems in central Lanai (Hadfield was a State of Hawaii agency (Hawaii 1994, p. 2). Historically, P. semicarinata 2005, pp. 3–5; TNC 2007). Department of Health), one was a was found in wet and mesic M. Federal agency (Kalaupapa National Summary of Comments and polymorpha forests on Lanai. There are Historical Park), and eight were Recommendations no historical population estimates for nongovernmental organizations or this snail, but qualitative accounts of On June 11, 2012, we published a individuals. During the February 21, Hawaiian tree snails indicates they were proposed rule to list 38 Maui Nui 2013, public hearing, 25 individuals or widespread and abundant, possibly species (35 plants and 3 tree snails) as organizations made comments on the numbering in the tens of thousands endangered and reevaluate the listing of proposed listing. between the 1800s and early 1900s 2 Maui Nui plant species as endangered All substantive information provided (Hadfield 1986, p. 69). In 1993, 105 throughout their ranges, and to during the comment periods related to individuals of P. semicarinata were designate critical habitat for 135 species the listing decisions has either been found during surveys conducted in its (77 FR 34464). The proposed rule incorporated directly into this final historical range. Subsequent surveys in opened a 60-day comment period. On determination or is addressed below. 1994, 2000, 2001, and 2005 documented August 9, 2012 (77 FR 47587), we Information we received related to the

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32027

proposed critical habitat designation General Peer Review Comments Hawaii-Pacific Weed Risk Assessment, will be addressed in that final rule. (1) Comment: One peer reviewer U.S. Department of Agriculture-Natural Comments received are grouped into noted the absence of a literature cited Resources Conservation Service (USDA– general issues specifically relating to the section for the proposed rule. NRCS) plant database (2011), or the proposed listing status of the 35 plants Our Response: Although not included Hawaii State noxious weed list (H.A.R. or the proposed listing status of the 3 with the proposed rule itself, Title 4, Subtitle 6, Chapter 68). tree snails, and are addressed in the information on how to obtain a list of Therefore, we believe the information following summary and incorporated our supporting documentation used was we provided in the proposed rule into the final rule as appropriate. No provided in the proposed rule under adequately emphasizes a comparison of the wide-ranging level of impacts comments were received regarding the Public Comments and References Cited between the various invasive plant reevaluation of listing for Cyanea (77 FR 34464; June 11, 2012). In species. grimesiana ssp. grimesiana or Santalam addition, lists of references cited in the (4) Comment: One peer reviewer healeakalae var. lanaiense. No proposed rule (77 FR 34464; June 11, suggested that we understated the comments were received regarding the 2012) and in this final rule are available seriousness of the effects of the invasive delisting of Gahnia lanaiensis due to on the Internet at http:// plant species Blechnum taxonomic error. www.regulations.gov at Docket No. appendiculatum and provided FWS–R1–ES–2011–0098, and upon Peer Review additional information about the request from the Pacific Islands Fish ecology of this species to better and Wildlife Office (see FOR FURTHER In accordance with our peer review illustrate its impacts. INFORMATION CONTACT). Our Response: We appreciate the policy published in the Federal Register (2) Comment: One peer reviewer on July 1, 1994 (59 FR 34270), we information provided for the invasive provided additional information plant Blechnum appendiculatum and solicited expert opinions from 10 regarding the biogeographical knowledgeable individuals with have included it in our final rule (see differences between east and west Maui. Summary of Changes From Proposed scientific expertise on the Maui Nui Our Response: We have included this Rule, below). plants, snails, and forest birds and their information in this final rule and (5) Comment: One peer reviewer habitats, including familiarity with the corrected statements about the range of recommended that we include, where species, the geographic region in which annual rainfall on east Maui applicable, further elaboration on the these species occur, and conservation (Giambelluca et al. 2011), the diversity synergistic interactions between biology principles. We received of vegetation in the mesic and wet nonnative plants and animals, and responses from four of the peer ecosystems of east Maui relative to west global climate change, and their reviewers. Of these four peer reviewers, Maui (Price 2004, p. 493), and the confluent impacts upon native habitats one provided comments only on the geologic age of the youngest lava flows described in the proposed rule. proposed critical habitat designation for found within the Cape Kinau region of Our Response: We discuss the two endangered forest birds. These east Maui (Sherrod et al. 2007, p. 40) synergistic effects of climate change and comments are not addressed in this final (see The Islands of Maui Nui, above). nonnative species under ‘‘Habitat Destruction and Modification by rule, which addresses only the listing of Peer Review Comments on Plants the 38 Maui Nui species (35 plants and Climate Change’’ and ‘‘Summary of (3) Comment: One peer reviewer 3 tree snails), and the reaffirmation of Habitat Destruction and Modification,’’ suggested that the proposed rule’s listing of 2 Maui Nui plant species. below; however, the magnitude and discussion about invasive plant species Three peer reviewers provided intensity of the impacts of global did not emphasize a comparison of the comments on the listing of the 38 Maui climate change and increasing wide-ranging level of impacts between temperatures on native Hawaiian Nui species and reevaluation of listing the various invasive plant species. ecosystems are unknown at this time. for 2 species. These peer reviewers Our Response: In the proposed rule, (6) Comment: Although drought was generally supported our methodology we provided a list of 71 nonnative plant not identified as a threat to Schiedea and conclusions. Two reviewers species that have been documented as laui in our proposed rule, one peer supported the Service’s ecosystem- serious and ongoing threats to 36 of the reviewer suggested that it may also be based approach for organizing the rule 40 species proposed or reevaluated for a threat to this species. According to the and for focusing on the actions needed listing throughout their ranges by reviewer, between 1998 and 2000, 7 of for species conservation and destroying or modifying habitat. We the 16 known mature individuals died management, and all three reviewers provided a short description for each of from prolonged drought. In addition, the provided new information on one or the 71 nonnative plant species that reviewer suggested that drought should more of the Maui Nui species, which we included the best available information be considered a threat to S. salicaria as incorporated into this final rule. In on growth form, place of origin, it exacerbates the likelihood of fire, addition, peer reviewers provided reproductive biology, dispersal, which is identified as a threat to this information on citations for published competition with native species, species. studies on ungulate exclusions and environmental tolerance, and measures Our Response: Drought was indicated nonnative plant control. We reviewed for their control in Hawaiian habitats, as as a threat to Schiedea laui with the all comments we received from the peer well as synergistic impacts with other observation of the extirpation of 7 of the reviewers for substantive issues and habitat modifying threat factors such as 16 individuals by 2000 in Wagner et al. new information regarding the listing of nonnative ungulates, agricultural (2005b); however, we have information 38 species and reevaluation of the development, and fire. In addition, we from more recent botanical surveys and listing of 2 species. Peer reviewer identified the nonnative plant species observations that the current threats to documented as threats in each of the 10 individuals at this location are flooding comments are addressed in the ecosystems. Finally, we identified each and landslides (MNTF 2010). In the long following summary and incorporated species that is considered invasive by term, drought may be a threat if this into the final rule as appropriate. one or more of the following sources: species is dependent upon the constant

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32028 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

water source provided at the grotto in in this final rule; however, wildfires plant species did not include sufficient which it occurs, and annual could possibly adversely impact the information regarding those species for precipitation amounts fall due to remaining non-hybridizing occurrences which the State of Hawaii has weather changes associated with the of S. salicaria on west Maui (see introduced biological control agents. global warming trend. Also, we agree ‘‘Habitat Destruction and Modification The peer reviewer specifically that drought can lead to increased by Fire,’’ below). highlighted four invasive plants, incidences of wildfire, especially in the (9) Comment: One peer reviewer Psidium cattleianum (strawberry guava), area of west Maui where S. salicaria suggested that we highlight the positive Clidemia hirta (Koster’s curse), occurs. We appreciate the information interactions between drought and Hedychium gardnerianum (kahili provided by the reviewer and have nonnative plant species, to the ginger), and Cyathea cooperi incorporated it, as appropriate, into detriment of native plant species, in our (Sphaeropteris cooperi, Australian tree TABLE 4—SUMMARY OF PRIMARY discussion of ‘‘Climate Change and fern) and suggested that we include THREATS IDENTIFIED FOR EACH OF Precipitation.’’ According to this further discussion on the potential THE 40 MAUI NUI SPECIES and reviewer, these effects may be subtle, as importance of biocontrol in addressing ‘‘Habitat Destruction and Modification demonstrated by Blechnum the very severe threats posed by these Due to Landslides, Rockfalls, Treefalls, appendiculatum (see Comment 4, otherwise intractable invasive plant Flooding, and Drought’’ in this final rule above), or dramatic, as demonstrated species. (see below). during a fire on west Maui that occurred Our Response: We agree that the use in the area of the two largest (7) Comment: One peer reviewer of biological control is a significant noted that our proposed rule states that populations of Schiedea salicaria, and contribution to a multi-layered nonnative plants in the lowland mesic likely spread rapidly due to the approach at management of the various ecosystem and the lowland dry presence of invasive nonnative grasses nonnative plants threatening Hawaiian ecosystem are a threat to the plant and drought conditions. native flora. Between 1902 and 2010, Schiedea salicaria. According to the Our Response: We agree that in the approximately 84 insect and fungal reviewer, S. salicaria is usually found in Hawaiian Islands there is a positive agents have been introduced in Hawaii lowland dry habitats, not in lowland correlation between drought (caused by to control approximately 24 target mesic habitat. a reduction in moisture availability due Our Response: In our proposed rule, to long periods of decline in annual nonnative plants (Conant et al. [in Schiedea salicaria is reported from precipitation), the presence of nonnative press], pp. 1–2, 15–19). Approximately three occurrences in the lowland dry plants (particularly fire-prone grasses), 42 of these biological control agents are ecosystem on west Maui (77 FR 34464, and wildfire. We discuss the effects of established in the Hawaiian Islands, and Table 2C and p. 34481; June 11, 2012). the grass/fire cycle and the contribution 12 of these have demonstrated This species was included as one of the to this cycle by drying trends caused by substantial effects (i.e., the targeted proposed species affected by nonnative global warming (see ‘‘Habitat nonnative plant species have been plants in the lowland mesic ecosystem Destruction and Modification by Fire,’’ suppressed over a large portion of their (see ‘‘Nonnative Plants in the Lowland and ‘‘Climate Change and ranges) toward control of their intended Mesic Ecosystem’’ in the proposed rule) Precipitation,’’ below). nonnative plant target, including in error. We appreciate the correction. (10) Comment: One peer reviewer Ageratina adenophora (Maui (8) Comment: One peer reviewer suggested that our discussion of the pamakani), A. riparia (Hamakua corrected our description of hybrid effects of the nonnative grass pamakani), and Lantana camara swarms in the discussion of the Pennisetum setaceum (Cenchrus (lantana) (McFadyen 2000, pp. 4–7; proposed plant Schiedea salicaria to say setaceus; fountain grass) on dry forests Conant et al. [in press], pp. 1–2, 15–19). that a hybrid swarm consists of hybrids on Hawaii Island should include direct These three nonnative plants pose between parent species, and competition with native species in serious and ongoing threats to habitat in subsequently formed progeny from addition to the threat it poses to native six of the ecosystems (lowland dry, crosses among hybrids and crosses of habitat from wildfires. lowland wet, montane mesic, montane hybrids to parental species. While this Our Response: The peer reviewer is wet, dry cliff, and wet cliff), that process is noted as a threat to S. referring to our discussion of ‘‘Habitat support one or more of the 40 species salicaria in Table 3 and in Proposed Destruction and Modification by Fire.’’ addressed in this final rule (see ‘‘Habitat Determination for 40 Species in our In that discussion, we note that on a Destruction and Modification by proposed rule, the reviewer points out post-burn survey at Puu Waawaa on Nonnative Plants’’ in the June 11, 2012 that the hybridization process is natural Hawaii Island no regeneration of native (77 FR 34464), proposed rule). The when S. salicaria and S. menziesii co- canopy plants was occurring within the Service remains cautiously optimistic occur and because of the dynamics in burn area. According to Takeuchi (1991, about the use of biological control this hybrid zone, traits of S. salicaria pp. 4, 6) nonnative Pennisetum sp. agents as a potentially significant prevail and replace those of S. increased the number of fires and contribution to a multi-layered menziesii. The reviewer notes, however, suppressed the establishment of native approach to management of the various that populations of both species will plants after a fire. We appreciate the nonnative plants threatening Hawaiian likely remain distinct because the two additional information provided by the native flora, including the recent species do not overlap throughout much reviewer, including citations for introductions to control the ubiquitous, of their range. published articles on the effects of nonnative strawberry guava that poses a Our Response: We appreciate the peer nonnative fountain grass on wildfire serious and ongoing threat to habitat in reviewer’s comments and have added and competition with native plant five of the ecosystems (lowland mesic, that the traits of Schiedea salicaria species, and we have added the lowland wet, montane dry, montane prevail and replace those of S. menziesii information to our final rule (see mesic, and montane wet) that support in hybrid zones (see Description of the ‘‘Habitat Destruction and Modification one or more of the 40 species addressed 40 Maui Nui Species, above). In by Fire,’’ below). in this final rule (see ‘‘Habitat addition, we have removed (11) Comment: One peer reviewer Destruction and Modification by hybridization as a threat to S. salicaria noted that the discussion on invasive Nonnative Plants’’ in the June 11, 2012

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32029

(77 FR 34464), proposed rule). However, environmental impact statements, or procedure required by law; and the lack of post-introduction monitoring permit applications. unsupported by substantial evidence.’’ for most past introductions is of Our Response: See also Comment (1) Comments From Federal Agencies concern, and the largely anectodal Response, above. Complete lists of evaluations of past introductions Haleakala National Park (Park) references, including unpublished precludes our ability to sufficiently provided information on one or more of information, cited in the proposed rule evaluate and conjecture, upon their the 37 plant species addressed in this (77 FR 34464; June 11, 2012) and in this long-term success. final rule which occur in the Park, and final rule are available on the Internet at this information was incorporated, as http://www.regulations.gov at Docket Peer Review Comment on Lanai Tree No. FWS–R1–ES–2011–0098, and upon Snails appropriate, into Description of the 40 Maui Nui Species, above. request from the Pacific Islands Fish (12) Comment: One peer reviewer (14) Comment: Kalaupapa National and Wildlife Office (see ADDRESSES, recommended additional emphasis on Historical Park (KNHP) agreed with and above). In addition, as stated in our the impacts of axis deer and mouflon supported the ecosystem-based proposed rule, all supporting sheep upon the habitat of the snails. The approach in our June 11, 2012, proposed documentation used in preparing the reviewer stated that the feeding and rule, for grouping plants and defining proposed rule was available upon trampling activities of these ungulates their habitat consistently. According to request and for public inspection, by removes the fern and vegetation layer KNHP, this approach will aid the appointment, at the U.S. Fish and around the snails’ host trees, so that management of endangered and Wildlife Service Pacific Islands Fish and dispersal of snails between host threatened plants as part of the Wildlife Office. All supporting substrates is either prevented or greatly collection of native communities across documentation used in our rulemakings reduced. is a matter of public record; however, Our Response: We agree with the peer the landscape. Descriptions of individual listed species, habitat, and the number of sources referenced are reviewer that the feeding and trampling often voluminous or subject to copyright activities of ungulates removes the fern threats will be a good resource to managers and will serve as a basis for restrictions. Therefore, it is not possible and vegetation layer around the snails’ for us to post all information sources host trees, and we have included planning future conservation measures. The proposed listing of the ‘‘rarest of the used on the Internet. However, any of information regarding the impact of axis our supporting references cited in this deer and mouflon sheep upon the rare’’ PEPP [Plant Extinction Prevention Program] species will provide a benefit or any rulemaking are always available habitat of the Lanai tree snails in this upon request. to the National Park Service by final rule (see TABLE 4–SUMMARY OF (16) Comment: One commenter improving their ability to gain funds for PRIMARY THREATS IDENTIFIED FOR objected to the proposed listing of the EACH OF THE 40 MAUI NUI SPECIES the protection, propagation, and two Lanai tree snails, Partulina and ‘‘Habitat Destruction and outplanting of these rare plants. semicarinata and Partulina variabilis, Modification by Introduced Ungulates,’’ Improved funding will help with because, in their view, the Service does below). KNHP’s ongoing collaboration with not have sufficient information partners, including the Molokai Plant regarding the historical population Comments From the State of Hawaii Extinction Prevention Program and The estimates and the lack of comprehensive (13) Comment: The Hawaii Nature Conservancy. surveys. The commenter disagreed with Department of Health stated that they Our Response: We appreciate the our determination in the proposed rule had no comments on the proposed rule Park’s comments regarding the proposal that these tree snails are ‘‘vulnerable to but reserved the right to future to list the 38 Maui Nui species and to extinction due to threats associated with comments. In addition, their letter reevaluate the listing of 2 species. We low number of individuals and directed us to their Standard Comments agree that using an ecosystem-based populations’’ (77 FR 34507; June 11, on their Web site (http:// approach to organize this rule will help 2012). www.hawaii.gov/health/environmental/ provide for more focused conservation Our Response: Under the Act, we env-planning/landuse/landuse.html) efforts and concerted management determine whether a species is an and stated that any comments efforts to address the common threats endangered species or a threatened specifically applicable to our proposed that occur across these ecosystems. species because of any of five factors rule should be adhered to. Public Comments on the Proposed (see Summary of Factors Affecting the Our Response: We reviewed the Listing of 38 Species and Reevaluation 40 Maui Nui Species, below), and we Department of Health’s Web site, and of Listing of 2 Species are required to make listing specifically the Landuse Planning determinations solely on the basis of the Review Program, and determined that (15) Comment: One commenter stated best available scientific and commercial the Standard Comments referred to that much of the referenced material is data available (see 16 U.S.C. 1533(a)(1) above do not apply to our June 11, 2012, not available for public review. The and (b)(1)(A)). The threats to the two proposed rulemaking or to this final commenter further stated that reliance Lanai tree snail species, as well as other rule. Standard Comments provided by on certain ‘‘unpublished, non-public endangered tree snails in the Hawaiian the seven environmental programs data deprives the public of the Islands, are well-documented (see (Hazard Evaluation and Emergency opportunity to review and comment on Summary of Factors Affecting the 40 Response Office, Clean Air Branch, the basis for the Service’s asserted Maui Nui Species, below). Although Clean Water Branch, Safe Drinking justification in the proposed rule.’’ there are no historical population Water Branch, Solid and Hazardous According to the commenter, ‘‘such estimates for these two tree snails, Waste Branch, Wastewater Branch, and action is arbitrary, capricious and an qualitative accounts of Hawaiian tree Indoor and Radiological Health Branch) abuse of the Service’s discretion, snails indicate they were widespread within the Hawaii Department of Health otherwise not in accordance with law, and abundant, possibly numbering in are intended to help developers to better in excess of statutory jurisdiction, the tens of thousands between the 1800s prepare land use planning documents authority, or limitations, and short of and early 1900s (Hadfield 1986, p. 69). such as environmental assessments, statutory right, without observance of However, the best available survey

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32030 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

information, conducted between 1993 final rule incorporates the following the species may respond to that factor and 2005, indicates that currently substantive changes to our proposed in a way that causes actual impacts to Partulina semicarinata and Partulina listing, based on the comments we the species. If there is exposure to a variabilis total fewer than 120 received: factor and the species responds individuals on Lanai (Hadfield 2005, (1) We added the montane mesic negatively, the factor may be a threat pp. 3–5). Based on the information ecosystem to the listed plant and, during the status review, we regarding the current status of the Phyllostegia haliakalae in the following attempt to determine how significant a species and ongoing threats to the locations in this final rule: Description threat it is. The threat is significant if it remaining few individuals, we have of the 40 Maui Nui Species (above), drives, or contributes to, the risk of determined that these species are Table 3 (above), and Table 4 (below), extinction of the species such that the presently in danger of extinction; based on comments we received. species warrants listing as endangered definitive quantitative data regarding (2) We are revising the specific or threatened as those terms are defined historical population numbers are not negative impacts of the nonnative plant in the Act. However, the identification necessary to make this determination. Blechnum appendiculatum as follows, of factors that could impact a species The problems associated with small based on peer review comments: negatively may not be sufficient to population size (e.g., inbreeding Blechnum appendiculatum (NCN) is a warrant listing the species under the depression for snails) and vulnerability fern with fronds to 23 in (60 cm) long Act. The information must include to random demographic fluctuations or that forms large colonies, outcompeting evidence sufficient to show that these natural catastrophes are magnified by many native fern species (Palmer 2003, factors are operative threats that act on synergistic interactions with other p. 81). This species is far more drought the species to the point that the species threats (e.g., predation by nonnative rats tolerant than native fern species. It meets the definition of endangered or or habitat destruction or modification by forms thick mats that prevent threatened under the Act. nonnative ungulates). Therefore, we regeneration from seeds of native If we determine that the level of a disagree with the commenter, and species, and appears to successfully threat posed to a species by one or more believe these two tree snail species are outcompete native ferns. All of these of the five listing factors is such that the vulnerable to extinction due to their low attributes compound the effects of the species meets the definition of either number of individuals and populations. presence of this nonnative fern on endangered or threatened under section (17) Comment: Several commenters native habitat (Weller et al. 2011, pp. 3 of the Act, that species may then be noted the threat of deer and goats to 676–677). listed as endangered or threatened. The Canavalia pubescens throughout its (3) We added drought as a threat to Act defines an endangered species as range on Maui, with specific impacts to the listed plants Canavalia pubescens ‘‘in danger of extinction throughout all populations on the Palauea lava flow and Schiedea salicaria in the following or a significant portion of its range,’’ and and Ahihi-Kinau. The commenters also locations in this final rule: Table 4 and a threatened species as ‘‘likely to recommended that fenced areas and ‘‘Habitat Destruction and Modification become an endangered species within regular monitoring are necessary to Due to Landslides, Rockfalls, Treefalls, the foreseeable future throughout all or protect this species from the threat of Flooding, and Drought,’’ below, based a significant portion of its range.’’ The ungulates in these areas. on comments we received. Our Response: We agree that deer and threats to each of the individual 40 goats constitute a threat to the coastal Status Assessment for the 40 Maui Nui Maui Nui species are summarized in and lowland dry ecosystems in which Species Table 4, and discussed in detail below. Canavalia pubescens is known to occur Summary of Factors Affecting the 40 Assumptions (see ‘‘Habitat Destruction and Maui Nui Species Modification by Introduced Ungulates,’’ We acknowledge that the specific below). In this final rule, we noted the Section 4 of the Act (16 U.S.C. 1533) nature of the threats to the individual destruction of Canavalia pubescens at and its implementing regulations (50 species in this final rule are not Ahihi-Kinau Natural Area Reserve in CFR part 424) set forth the procedures completely understood. Scientific 2010 (see Description of the 40 Maui for adding species to the Federal Lists research directed toward each of the 40 Nui Species, above) and acknowledge of Endangered and Threatened Wildlife species is limited because of their rarity the threat of herbivory by deer and goats and Plants. A species may be and the challenging logistics associated on Canavalia pubescens (see determined to be an endangered or with conducting field work in Hawaii ‘‘Introduced Ungulates’’ in Disease or threatened species due to one or more (e.g., areas are typically remote, difficult Predation, below). of the five factors described in section to access and work in, and expensive to (18) Comment: Several commenters 4(a)(1) of the Act: (A) The present or survey in a comprehensive manner). noted the occurrence of Canavalia threatened destruction, modification, or However, there is information available pubescens or awikiwiki on lands owned curtailment of its habitat or range; (B) on many of the threats that act on by Honuaula Partners. overutilization for commercial, Hawaiian ecosystems, and, for some Our Response: We appreciate this recreational, scientific, or educational ecosystems, these threats are well information and note that information purposes; (C) disease or predation; (D) studied and understood. Each of the in our files indicates that Canavalia the inadequacy of existing regulatory native species that occurs in Hawaiian pubescens or awikiwiki occurs in this mechanisms; and (E) other natural or ecosystems suffers from exposure to area. manmade factors affecting its continued those threats. For the purposes of our existence. Listing actions may be listing determination, our assumption is Summary of Changes From Proposed warranted based on any of the above that the threats that act at the ecosystem Rule threat factors, singly or in combination. level also act on each of the species that In preparing this final rule, we Each of these factors is discussed below. occurs in those ecosystems (although in reviewed and fully considered In considering what factors might some cases we have additionally comments from the public on the constitute threats to a species we must identified species-specific threats, such proposed listing for 38 species and look beyond the exposure of the species as predation by nonnative reevaluation of listing for 2 species. This to a particular factor to evaluate whether invertebrates).

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32031

The following constitutes a list of (3) Increased nutrient availability as a reduce geographic ranges of some ecosystem-level threats that affect the 40 result of pigs rooting in nitrogen-poor species because of damage (Cuddihy species in 10 ecosystems on the islands soils, which facilitates establishment of and Stone 1990, p. 71). of Maui Nui: alien weeds. Alien weeds are more (7) Alien insect predation on native (1) Foraging and trampling of native adapted to nutrient rich soils than insects, which affects pollination of plants by ungulates, including feral pigs native plants (Cuddihy and Stone 1990, native plant species (Cuddihy and Stone (Sus scrofa), goats, cattle (Bos taurus), p. 63), and rooting activity creates open axis deer (Axis axis), or mouflon sheep areas in forests allowing alien species to 1990, p. 71). (Ovis gmelini musimon), which can completely replace native stands. (8) Significant changes in nutrient result in severe erosion of watersheds (4) Ungulate destruction of seeds and cycling processes because of large because these mammals inhabit terrain seedlings of native plant species numbers of alien invertebrates such as that is often steep and remote (Cuddihy (Cuddihy and Stone 1990, p. 63), which earthworms, ants, slugs, isopods, and Stone 1990, p. 63). Foraging and facilitates the conversion of disturbed millipedes, and snails, resulting in trampling events destabilize soils that areas from native to nonnative changes to the composition and support native plant communities, bury vegetative communities. structure of plant communities or damage native plants, and have (5) Rodent damage to plant (Cuddihy and Stone 1990, p. 73). adverse water quality effects due to propagules, seedlings, or native trees, runoff over exposed soils. which changes forest composition and Each of the above threats is discussed (2) Disturbance of soils by feral pigs structure (Cuddihy and Stone 1990, p. in more detail below, and summarized from rooting, which can create fertile 67). in Table 4. seedbeds for alien plants (Cuddihy and (6) Feeding or defoliation of native BILLING CODE 4310–55–P Stone 1990, p. 65). plants from alien insects, which can

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32032 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.001 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32033

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.002 32034 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.003 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32035

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.004 32036 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.005 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32037

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.006 32038 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.007 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32039

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.008 32040 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

BILLING CODE 4310–55–C

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 ER28MY13.009 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32041

A. The Present or Threatened Maui are a serious threat to one species threats to forest ecosystems in Hawaii Destruction, Modification, or in this final rule, Canavalia pubescens, (Aplet et al. 1991, p. 56; Anderson and Curtailment of Its Habitat or Range which is dependent on these ecosystems Stone 1993, p. 195). European pigs, The Hawaiian Islands are located over and is currently found only in east introduced to Hawaii by Captain James 2,000 mi (3,200 km) from the nearest Maui. Two individuals at Palauea- Cook in 1778, hybridized with continent. This isolation has allowed Keahou were destroyed by development domesticated Polynesian pigs, became the few plants and animals that arrived prior to 2001 (Oppenheimer 2000, in feral, and invaded forested areas, in the Hawaiian Islands to evolve into litt.). Future development plans for this especially wet and mesic forests and dry many highly varied and endemic area include a golf course and areas at high elevations. The Hawaii associated infrastructure, and housing Territorial Board of Agriculture and species (species that occur nowhere else (Altenberg 2007, p. 2–5; Greenlee 2013, Forestry started a feral pig eradication in the world). The only native terrestrial in litt.). Although fewer than 20 project in the early 1900s that continued mammals in the Hawaiian Islands are individuals were known in this area as through 1958, removing 170,000 pigs two bat taxa, the extant Hawaiian hoary recently as 2010, no individuals have from forests Statewide (Diong 1982, p. bat (Lasiurus cinereus semotus) and an been found in site visits over the last 2 63). Feral pigs are currently present on extinct, unnamed insectivorous bat years (Altenberg 2010, in litt.; Greenlee Niihau, Kauai, Oahu, Molokai, Maui, (Ziegler 2002, p. 245). The native plants 2013, in litt.). and Hawaii. of the Hawaiian Islands, therefore, These feral animals are extremely evolved in the absence of mammalian Habitat Destruction and Modification by destructive and have both direct and predators, browsers, or grazers. Many of Introduced Ungulates indirect impacts on native plant the native species have lost unneeded Introduced mammals have greatly communities. While rooting in the earth defenses against threats such as impacted the native vegetation, as well in search of invertebrates and plant mammalian predation and competition as the native fauna, of the Hawaiian material, pigs directly impact native with aggressive, weedy plant species Islands. Impacts to the native species plants by disturbing and destroying that are typical of continental and ecosystems of Hawaii accelerated vegetative cover, and trampling plants environments (Loope 1992, p. 11; Gagne following the arrival of Captain James and seedlings. It has been estimated that and Cuddihy 1999, p. 45; Wagner et al. Cook in 1778. The Cook expedition and at a conservative rooting rate of 2 square 1999l, pp. 3–6). For example, Carlquist subsequent explorers intentionally (sq)-yards (yd) per minute, with only 4 (in Carlquist and Cole 1974, p. 29) notes introduced a European race of pigs or hours of foraging a day, a single pig ‘‘Hawaiian plants are notably free from boars and other livestock, such as goats, could disturb over 1,600 sq-yd of many characteristics thought to be to serve as food sources for seagoing groundcover per week (Anderson et al. deterrents to herbivores (toxins, oils, explorers (Tomich 1986, pp. 120–121; 2007, p. 2). resins, stinging hairs, coarse texture).’’ Loope 1998, p. 752). The mild climate Pigs may also reduce or eliminate Native Hawaiian plants are therefore of the islands, combined with the lack plant regeneration by damaging or highly vulnerable to the impacts of of competitors or predators, led to the eating seeds and seedlings (further introduced mammals and alien plants. successful establishment of large discussion of predation by nonnative In addition, species restricted and populations of these introduced ungulates is provided under Factor C, adapted to highly specialized locations mammals, to the detriment of native below). Pigs are a major vector for the (e.g., Calamagrostis hillebrandii) are Hawaiian species and ecosystems. The establishment and spread of competing particularly vulnerable to changes (from presence of introduced alien mammals invasive nonnative plant species by nonnative species, hurricanes, fire, and is considered one of the primary factors dispersing plant seeds on their hooves climate change) in their habitat underlying the alteration and and fur, and in their feces (Diong 1982, (Carlquist and Cole 1974, pp. 28–29; degradation of native plant communities pp. 169–170), which also serves to Loope 1992, pp. 3–6; Stone 1989, pp. and habitats on Molokai, Lanai, and fertilize disturbed soil (Matson 1990, p. 88–95). Maui. Ten ecosystems (coastal, lowland 245; Siemann et al. 2009, p. 547). Pigs dry, lowland mesic, lowland wet, feed on the fruits of many nonnative Habitat Destruction and Modification by montane dry, montane mesic, montane plants, such as Passiflora tarminiana Agriculture and Urban Development wet, subalpine, dry cliff, and wet cliff) (banana poka) and Psidium cattleianum The consequences of past land use on Molokai, Lanai, and Maui and their (strawberry guava), spreading the seeds practices such as agricultural or urban associated species are currently of these invasive species through their development have resulted in little or impacted by threats of the destruction or feces as they travel in search of food. In no native vegetation below 2,000 ft (600 degradation of habitat due to nonnative addition, rooting pigs contribute to m) throughout the Hawaiian Islands ungulates (hoofed mammals), including erosion by clearing vegetation and (TNC 2007), largely impacting the pigs, goats, axis deer, mouflon, and creating large areas of disturbed soil, coastal, lowland dry, lowland mesic, cattle. Thirty-five of the 37 plant species especially on slopes (Smith 1985, pp. and lowland wet ecosystems. Although and both species of Partulina tree snails 190, 192, 196, 200, 204, 230–231; Stone agriculture has been declining in (Partulina semicarinata and P. 1985, pp. 254–255, 262–264; Medeiros importance, large tracts of former variabilis) in this final rule are exposed et al. 1986, pp. 27–28; Scott et al. 1986, agricultural lands are being converted to direct and indirect negative impacts pp. 360–361; Tomich 1986, pp. 120– into residential areas or left fallow (TNC of feral ungulates (pigs, goats, axis deer, 126; Cuddihy and Stone 1990, pp. 64– 2007). In addition, Hawaii’s population mouflon, and cattle), which result in the 65; Aplet et al. 1991, p. 56; Loope et al. increased almost 7 percent in the past destruction and degradation of habitat 1991, pp. 1–21; Gagne and Cuddihy 10 years, further increasing demands on for these native Maui Nui species (Table 1999, p. 52). Ten of the Maui Nui limited land and water resources in the 4). ecosystems (coastal, lowland dry, islands (Hawaii Department of Business, Pigs have been described as the most lowland mesic, lowland wet, montane Economic Development and pervasive and disruptive nonnative dry, montane mesic, montane wet, 2010). influence on the unique native forests of subalpine, dry cliff, and wet cliff) and Development and urbanization of the Hawaiian Islands, and are widely their associated species are adversely coastal and lowland dry ecosystems on recognized as one of the greatest current impacted by the destruction or

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32042 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

degradation of habitat due to pigs (see p. 2). By 1968, the population was dispersal of snails between host Table 4, above). estimated to be 85 to 90 animals, and by substrates is either prevented or greatly Goats native to the Middle East and 1995, there were over 500 individuals reduced (Duvall 2012, in litt.). Nine of India were also successfully introduced on Ulupalakua Ranch alone (Erdman the described Maui Nui ecosystems to the Hawaiian Islands in the late 1996, pers. comm. cited in Waring 1996, (coastal, lowland dry, lowland mesic, 1700s. Actions to control feral goat in litt., p. 2). As of 2001, there was lowland wet, montane dry, montane populations began in the 1920s (Tomich concern that their numbers on Maui mesic, montane wet, dry cliff, and wet 1986, pp. 152–153); however, they still could expand to between 15,000 to cliff) and their associated species are occupy a wide variety of habitats on 20,000 or more individuals within a few adversely impacted by the destruction Molokai and Maui and to a lesser degree years (Anderson 2001, in litt.; or degradation of habitat due to axis on Lanai, where they consume native Nishibayashi 2001, in litt.). According deer (see Table 4, above). vegetation, trample roots and seedlings, to Medeiros (2010a, pers. comm.) axis The mouflon sheep, native to Asia accelerate erosion, and promote the deer can be found in all but the Minor, was introduced to the islands of invasion of alien plants (van Riper and uppermost ecosystems (subalpine and Lanai and Hawaii in the 1950s as a van Riper 1982, pp. 34–35; Stone 1985, alpine) and montane bogs on Maui. managed game species, and has become p. 261; Kessler 2010, pers. comm.). Medeiros (2010a, pers. comm.) also widely established on these islands Goats are able to access, and forage in, observed that axis deer are increasing at (Tomich 1986, pp. 163–168; Cuddihy extremely rugged terrain, and they have such high rates on Maui that native and Stone 1990, p. 66; Hess 2008, p. 1). a high reproductive capacity (Clarke and forests are changing in unprecedented Mouflon have high reproduction rates; Cuddihy 1980, pp. C–19, C–20; Culliney ways. According to Medeiros (2010a, for example, the original population of 1988, p. 336; Cuddihy and Stone 1990, pers. comm.), native plants will only 11 individuals on the island of Hawaii p. 64). Because of these factors, goats are survive in habitat that is fenced or has increased to more than 2,500 in 36 believed to have completely eliminated otherwise protected from the grazing years, even though hunted as a game some plant species from islands and trampling effects of axis deer. animal (Hess 2008, p. 3). Mouflon only (Atkinson and Atkinson 2000, p. 21). Kessler (2010, pers. comm.) and Hess form large groups when breeding, thus Goats can be highly destructive to native (2010, pers. comm.) report axis deer up limiting control techniques and hunting vegetation, and contribute to erosion by to 9,000 ft (2,743 m) in elevation on efficiency (Hess 2008, p. 3). Mouflon eating young trees and young shoots of Maui, and Kessler suggests that no sheep are both grazers and browsers, plants before they can become ecosystem is safe from the negative and have decimated vast areas of native established, creating trails that damage impacts of these animals. Montane bogs forest and shrubland through browsing native vegetative cover, promoting are also susceptible to impacts from axis and bark stripping (Stone 1985, p. 271; erosion by destabilizing substrate and deer. As the native vegetation dies off Cuddihy and Stone 1990, pp. 63, 66; creating gullies that convey water, and from the combined effects of grazing Hess 2008, p. 3). In range studies done dislodging stones from ledges that can and trampling by axis deer, the soil on the effects of mouflon grazing and cause rockfalls and landslides and dries out, and invasive nonnative plants browsing on the island of Hawaii, plant damage vegetation below (Cuddihy and gain a foothold. Eventually, the bog species found to be most affected were Stone 1990, pp. 63–64). Nine of the habitat and its associated native plants Argyroxiphium sandwicense ssp. described ecosystems on Molokai, and animals are replaced by a grassland, sandwicense (ahinahina), an endangered species; ; Geranium spp. Lanai, and Maui (coastal, lowland dry, shrubland, or forest habitat dominated lowland mesic, lowland wet, montane (nohoanu or hinahina); Sophora by nonnative plants. dry, montane mesic, montane wet, dry chrysophylla; Vaccinium spp. (ohelo); cliff, and wet cliff) and their associated Axis deer are primarily grazers, but and native grasses (Giffin 1981, pp. 22– species are adversely impacted by the also browse numerous palatable plant 23; Scowcroft and Conrad 1992, pp. destruction or degradation of habitat species including those grown as 628–662; Hess 2008, p. 3). Mouflon also due to goats (see Table 4, above). commercial crops (Waring 1996, p. 3; create trails and pathways through thick Axis deer were first introduced to Simpson 2001, in litt.). They prefer the vegetation, leading to increased runoff Molokai in 1868, Lanai in 1920, and lower, more openly vegetated areas for and erosion through soil compaction. In Maui in 1959 (Hobdy 1993, p. 207; browsing and grazing; however, during some areas, the interaction of browsing Erdman 1996, pers. comm. cited in episodes of drought (e.g., from 1998– and soil compaction leads to a change Waring 1996, in litt., p. 2; Hess 2008, p. 2001 on Maui (Medeiros 2010a, pers. from native rainforest to grassy 2). On Molokai, axis deer have likely comm.)), axis deer move into urban and scrublands (Hess 2008, p. 3). Duvall spread throughout the island at all forested areas in search of food (Waring (2012, in litt.) reports that mouflon elevations (from the coast to the summit 1996, in litt., p. 5; Nishibayashi 2001, in sheep browsing and trampling removes area at 4,961 ft (1,512 m)) (Kessler 2011, litt.). Like goats, axis deer can be highly vegetation surrounding host trees of the pers. comm.). The most current destructive to native vegetation and two Lanai tree snails, thus reducing or population estimate of axis deer on contribute to erosion by eating young preventing snail dispersal between host Molokai is between 4,000 and 5,000 trees and young shoots of plants before trees. Seven of the described ecosystems individuals (Anderson 2003, p. 130). It they can become established, creating (coastal, lowland dry, lowland mesic, is likely this is an underestimate of the trails that can damage native vegetative lowland wet, montane wet, dry cliff, total number of individuals as it was cover, promoting erosion by and wet cliff) on Lanai and their published almost a decade ago, and destabilizing substrate and creating associated species are adversely little management for deer control has gullies that convey water, and impacted by the destruction or been implemented. On Lanai, as of dislodging stones from ledges that can degradation of habitat due to mouflon 2007, axis deer were reported to number cause rockfalls and landslides and sheep (see Table 4, above). approximately 6,000 to 8,000 damage vegetation below (Cuddihy and Cattle, the wild ancestors of which individuals (The Aloha Insider 2008, in Stone 1990, pp. 63–64). Browsing and were native to Europe, northern Africa, litt.; WCities 2010, in litt.). On Maui, trampling by axis deer also removes and southwestern Asia, were introduced five adults were released east of Kihei vegetation surrounding the host trees of to the Hawaiian Islands in 1793. Large in 1959 (Hobdy 1993, p. 207; Hess 2008, the two Lanai tree snails so that feral herds (as many as 12,000 on the

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32043

island of Hawaii) developed as a result species. All of these impacts lead to the Nonnative plants adversely impact of restrictions on killing cattle decreed subsequent conversion of a plant native habitat in Hawaii, including the by King (Cuddihy and community dominated by native species 10 Maui Nui ecosystems that support Stone 1990, p. 40). While small cattle to one dominated by nonnative species the 40 species identified in this final ranches were developed on Kauai, (see ‘‘Habitat Destruction and rule, and directly adversely impact 36 of Oahu, Molokai, west Maui, and Modification by Nonnative Plants,’’ these species, by: (1) Modifying the Kahoolawe, very large ranches of tens of below). In addition, because these availability of light; (2) altering soil- thousands of acres were created on east mammals inhabit terrain that is often water regimes; (3) modifying nutrient Maui and Hawaii Island (Stone 1985, steep and remote (Cuddihy and Stone cycling; (4) altering the fire regime pp. 256, 260; Broadbent 2010, in litt.). 1990, p. 59), foraging and trampling affecting native plant communities (e.g., Logging of native Acacia koa was contributes to severe erosion of successive fires that burn farther and combined with establishment of cattle watersheds and degradation of streams. farther into native habitat, destroying ranches, quickly converting native forest As early as 1900, there was increasing native plants and removing habitat for to grassland (Tomich 1986, p. 140; concern expressed about the integrity of native species by altering microclimatic Cuddihy and Stone 1990, p. 47). Feral island watersheds, due to effects of conditions to favor alien species); and cattle can presently be found on the ungulates and other factors, leading to (5) ultimately, converting native- islands of Maui and Hawaii, where the establishment of a professional dominated plant communities to ranching is still a major commercial forestry program emphasizing soil and nonnative plant communities (Smith activity. According to Kessler (2011, water conservation (Nelson 1989, p. 3). 1985, pp. 180–181; Cuddihy and Stone pers. comm.), there are approximately 1990, p. 74; D’Antonio and Vitousek Habitat Destruction and Modification by 300 individuals roaming east Maui up to 1992, p. 73; Vitousek et al. 1997, p. 6). Nonnative Plants the alpine ecosystem (i.e., 1,000 to 9,900 Nonnative plants (and animals) have ft (305 to 3,000 m) elevation) with Native vegetation on all of the main contributed to the extinction of native occasional observations on west Maui. Hawaiian Islands has undergone species in the lowlands of Hawaii and Cattle eat native vegetation, trample extreme alteration because of past and have been a primary cause of extinction roots and seedlings, cause erosion, present land management practices, in upland habitats (Vitousek et al. 1987, create disturbed areas into which alien including ranching, the deliberate in Cuddihy and Stone 1990, p. 74). The plants invade, and spread seeds of alien introduction of nonnative plants and most-often cited effects of nonnative plants in their feces and on their bodies. animals, and agricultural development plants on native plant species are The forest in areas grazed by cattle (Cuddihy and Stone 1990, pp. 27, 58). displacement through competition. degrades to grassland pasture, and plant The original native flora of Hawaii Competition may be for water or cover is reduced for many years (species that were present before nutrients, or it may involve allelopathy following removal of cattle from an area. humans arrived) consisted of about (chemical inhibition of other plants) In addition, several alien grasses and 1,000 taxa, 89 percent of which were (Smith 1985, in Cuddihy and Stone legumes purposely introduced for cattle endemic (species that occur only in the 1990, p. 74). Nonnative plants may also forage have become noxious weeds Hawaiian Islands). Over 800 plant taxa displace native species by preventing (Tomich 1986, pp. 140–150; Cuddihy have been introduced from elsewhere, their reproduction, usually by shading and Stone 1990, p. 29). Five of the and nearly 100 of these have become and taking up available sites for described ecosystems (lowland dry, pests (e.g., injurious plants) in Hawaii seedling establishment (Vitousek et al. lowland mesic, lowland wet, montane (Smith 1985, p. 180; Cuddihy and Stone 1987 in Cuddihy and Stone 1990, p. 74). mesic, and montane wet) on Maui and 1990, p. 73; Gagne and Cuddihy 1999, Alteration of fire regimes clearly their associated species are adversely p. 45). Of these 100 nonnative pest plant represents an ecosystem-level change impacted by the destruction or species, close to 70 species have altered caused by the invasion of nonnative degradation of habitat due to feral cattle the habitat of 36 of the 40 species in this grasses (D’Antonio and Viousek 1992, p. (see Table 4, above). final rule (only Cyrtandra ferripilosa, 73). The grass life form supports In summary, 37 of the 40 species Schiedea jacobii, Partulina standing dead material that burns dependent upon the 10 ecosystems semicarinata, and P. variabilis are not readily, and grass tissues have large identified in this final rule (coastal, directly impacted by nonnative plants; surface-to-volume ratios and can dry out lowland dry, lowland mesic, lowland see Table 4). Some of the nonnative quickly (D’Antonio and Viousek 1992, wet, montane dry, montane mesic, plants were brought to Hawaii by p. 73). The flammability of biological montane wet, subalpine, dry cliff, and various groups of people, including the materials is determined primarily by wet cliff) are exposed to both direct and Polynesians, for food or cultural their surface-to-volume ratio and indirect negative impacts of feral reasons. Plantation owners (and the moisture content, and secondarily by ungulates (pigs, goats, axis deer, territorial ), mineral content and tissue chemistry mouflon, and cattle). These negative alarmed at the reduction of water (D’Antonio and Viousek 1992, p. 73). impacts result in the destruction and resources for their crops caused by the The finest size classes of material degradation of habitat for these 37 destruction of native forest cover by (mainly grasses) ignite and spread fires native species on Molokai, Lanai, and grazing feral and domestic animals, under a broader range of conditions Maui. The effects of these nonnative introduced nonnative trees for than do woody fuels or even surface animals include the destruction of reforestation. Ranchers intentionally litter (D’Antonio and Viousek 1992, p. vegetative cover; trampling of plants introduced pasture grasses and other 73). The grass life form allows rapid and seedlings; direct consumption of nonnative plants for agriculture, and recovery following fire; there is little native vegetation; soil disturbance; sometimes inadvertently introduced above-ground structural tissue, so dispersal of alien plant seeds on hooves weeds as well. Other plants were almost all new tissue fixes carbon and and coats, and through the spread of brought to Hawaii for their potential contributes to growth (D’Antonio and seeds in feces; and creation of open, horticultural value (Scott et al. 1986, pp. Viousek 1992, p. 73). Grass canopies disturbed areas conducive to further 361–363; Cuddihy and Stone 1990, p. also support a microclimate in which invasion by nonnative pest plant 73). surface temperatures are hotter, vapor

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32044 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

pressure deficits are larger, and the 394). However, Mueller-Dombois (1981 survey at Puuwaawaa on the island of drying of tissues occurs more rapidly in Cuddihy and Stone 1990, p. 91) Hawaii, an area of native Diospyros than in forest or woodlands (D’Antonio points out that most natural vegetation forest with undergrowth of the and Viousek 1992, p. 73). Thus, types of Hawaii would not carry fire nonnative grass Pennisetum setaceum, conditions that favor fires are much before the introduction of alien grasses, Takeuchi noted that ‘‘no regeneration of more frequent in grasslands (D’Antonio and Smith and Tunison (1992, p. 396) native canopy is occurring within the and Viousek 1992, p. 73). In summary, state that native plant fuels typically Puuwaawaa burn area’’ (Takeuchi 1991, nonnative plants directly and indirectly have low flammability. Because of the p. 2). Takeuchi (1991, pp. 4, 6) also affect 36 of the 40 species in this final greater frequency, intensity, and stated that ‘‘burn events served to rule by modifying or destroying their duration of fires that have resulted from accelerate a decline process already in terrestrial habitat. Please refer to the the introduction of nonnative plants place, compressing into days a sequence proposed rule (77 FR 34464; June 11, (especially grasses), fires are now which would ordinarily take decades,’’ 2012) for a list of nonnative plants and destructive to native Hawaiian and concluded that in addition to a discussion of their specific negative ecosystems (Brown and Smith 2000, p. increasing the number of fires, the effects on the 36 affected Maui Nui 172), and a single grass-fueled fire can nonnative Pennisetum acted to suppress species. kill most native trees and shrubs in the the establishment of native plants after a fire. Habitat Destruction and Modification by burned area (D’Antonio and Vitousek 1992, p. 74). For decades, fires have impacted rare Fire or endangered species and their habitat Fire represents a threat to 13 native Fire is an increasing, human- (Gima 1998, in litt.; Pacific Disaster plant species found in the coastal, exacerbated threat to native species and Center 2011; Hamilton 2009, in litt.; lowland dry, lowland mesic, montane native ecosystems in Hawaii. The Honolulu Advertiser, 2010). The islands dry, montane mesic, and dry cliff historical fire regime in Hawaii was of Molokai, Lanai, Maui, and Kahoolawe ecosystems addressed in this final rule: characterized by infrequent, low have experienced 1,291 brush fires Bidens campylotheca ssp. pentamera, severity fires, as few natural ignition between the years 1972 and 1999 that Canavalia pubescens, Cyanea sources existed (Cuddihy and Stone burned a total of 64,248 ac (26,000 ha) magnicalyx, C. mauiensis, C. obtusa, 1990, p. 91; Smith and Tunison 1992, (Pacific Disaster Center 2011; County of Festuca molokaiensis, Phyllostegia pp. 395–397). It is believed that prior to Maui 2009, Chapter 3, p. 3). Between human colonization, fuel was sparse bracteata, P. haliakalae, Pittosporum 2000 and 2003, the annual number of and inflammable in wet plant halophilum, Pleomele fernaldii, wildfires on Molokai, Lanai, and Maui communities and seasonally flammable Santalum haleakalae var. lanaiense, jumped from 118 to 271, many of which in mesic and dry plant communities. Schiedea salicaria, and Stenogyne each consumed more than 5,000 ac The primary ignition sources were kauaulaensis (see Table 4). Fire can (2,023 ha) (Pacific Disaster Center 2011). volcanism and lightning (Baker et al. destroy dormant seeds of these species During the summer of 1998, a raging 2009, p. 43). Natural fuel beds were as well as plants themselves, even in fire that began in Kaunakakai consumed often discontinuous, and rainfall in steep or inaccessible areas. Successive over 15,000 ac (6,070 ha) on Molokai, many areas on most islands was, and is, fires that burn farther and farther into including a portion of the Molokai moderate to high. Fires inadvertently or native habitat destroy native plants and Forest Reserve, consuming roughly 10 intentionally ignited by the original remove habitat for native species by percent of the entire island (Gima 1998, Polynesians in Hawaii probably altering microclimate conditions in litt.). Molokai experienced three contributed to the initial decline of favorable to alien plants. Alien plant 10,000 ac (4,047 ha) wildfires between native vegetation in the drier plains and species most likely to be spread as a the years 2003 and 2004 (Pacific foothills. These early settlers practiced consequence of fire are those that Disaster Center 2011). In late August slash-and-burn agriculture that created produce a high fuel load, are adapted to through early September 2009, a open lowland areas suitable for the later survive and regenerate after fire, and massive wildfire burned for days and colonization of nonnative, fire-adapted establish rapidly in newly burned areas. consumed approximately 8,000 ac grasses (Kirch 1982, pp. 5–6, 8; Cuddihy Drought-tolerant grasses and ferns, (3,237 ha), including 600 ac (243 ha) of and Stone 1990, pp. 30–31). Beginning particularly those that produce mats of the remote Makakupaia section of the in the late 18th century, Europeans and dry material or retain a mass of standing Molokai Forest Reserve, a small portion Americans introduced plants and dead leaves (e.g., Pennisetum setaceum, of TNC’s Kamakou Preserve, and animals that further degraded native Blechnum appendiculatum) invade encroached upon Onini Gulch, Hawaiian ecosystems. Pasturage and native forests and shrublands and Kalamaula and Kawela (Hamilton 2009, ranching, in particular, created high provide fuels that allow fire to burn in litt.). Three species reported from fire-prone areas of nonnative grasses areas that would not otherwise easily Molokai’s coastal and lowland mesic and shrubs (D’Antonio and Vitousek burn (Fujioka and Fujii 1980, in ecosystems (Festuca molokaiensis, 1992, p. 67). Although fires were Cuddihy and Stone 1990, p. 93; Phyllostegia haliakalae, and historically infrequent in mountainous D’Antonio and Vitousek 1992, pp. 70, Pittosporum halophilum) are at risk of regions, extensive fires have recently 73–74; Tunison et al. 2002, p. 122; negative impacts by fire because occurred in lowland dry and lowland Weller et al. 2011, pp. 676–677; Weller individuals of these species or their mesic areas, leading to grass-fire cycles 2012, in litt.). Other nonnative plants habitat are located in or near areas that that convert forest to grasslands such as Clidemia hirta and pines (Pinus were burned in previous fires. (D’Antonio and Vitousek 1992, p. 77). spp.) rapidly outcompete native plants The island of Lanai has experienced Because several Hawaiian plants and dominate areas opened by fire several wildfires in the last decade. In show some tolerance of fire, Vogl (Weller 2012, in litt.). Native woody 2006, a wildfire burned 600 ac (243 ha) proposed that naturally occurring fires plants may recover from fire to some between Manele Road and the Palawai may have been important in the degree, but fire shifts the competitive basin (2.5 mi (4 km) south of Lanai City) development of the original Hawaiian balance toward alien species (National (The Maui News 2006, in litt.). In 2007, flora (Vogl 1969 in Cuddihy and Stone Park Service 1989, in Cuddihy and a brush fire occurred in the Mahana 1990, p. 91; Smith and Tunison 1992, p. Stone 1990, p. 93). On a post-burn area, burning an estimated 30 ac (12 ha),

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32045

and in 2008, another 1,000 ac (405 ha) et al. 1997, pp. 539–540). Canopy gaps Habitat Destruction and Modification were burned by wildfire in the Palawai allow for the establishment of nonnative Due to Landslides, Rockfalls, Treefalls, basin (The Maui News 2007, in litt.; plant species, which may be present as Flooding, and Drought KITV Honolulu 2008, in litt.). All plants or as seeds incapable of growing Landslides, rockfalls, treefalls, and known individuals of Pleomele fernaldii under shaded conditions. Because many flooding destabilize substrates, damage lie just southeast of the area burned Hawaiian plant and animal species, and destroy individual plants, and alter during the Mahana fire and east of the including the 40 species in this final hydrological patterns, which result in Palawai basin fires. Many of these rule, persist in low numbers and in changes to native plant and animal individuals could be decimated by one restricted ranges, natural disasters, such communities. In the open sea near large fire. as hurricanes, can be particularly Hawaii, rainfall averages 25 to 30 in Between the years 2007 and 2010, devastating (Mitchell et al. 2005, pp. 3– (635 to 762 mm) per year, yet the wildfires burned more than 8,650 ac 4). islands may receive up to 15 times this (3,501 ha) on west Maui (Shimogawa Hurricanes affecting Hawaii were only amount in some places, caused by 2010, in litt.; Honolulu Advertiser 2010, rarely reported from ships in the area orographic features (physical geography in litt.). In 2007, a fire that started along from the 1800s until 1949. Between of mountains) (Wagner et al. 1999b; Honoapiilani Highway on the south 1950 and 1997, 22 hurricanes passed adapted from Price (1983) and Carlquist coast of west Maui burned a total of near or over the Hawaiian Islands, 5 of (1980)), pp. 38 and 39). During storms, 1,350 ac (546 ha), encroached into the which caused serious damage (Businger rain may fall at 3 in (76 mm) per hour West Maui Natural Area Reserve 1998, pp. 1–2). In November 1982, or more, and sometimes may reach (Panaewa section), and placed at risk Hurricane Iwa struck the Hawaiian nearly 40 in (1,000 mm) in 24 hours, Phyllostegia bracteata and Schiedea Islands, with wind gusts exceeding 100 salicaria (HDLNR 1989, pp. 53–63; causing destructive flash-flooding in miles per hour (mph) (161 kilometers KITV 2007, in litt.). In May 2010, streams and narrow gulches (Wagner et per hour (kph)), causing extensive another fire occurred farther south along al. 1999b; adapted from Price (1983) and damage, especially on the islands of the same highway, moved up the ridges Carlquist (1980)), pp. 38–39). Due to the Niihau, Kauai, and Oahu (Businger of Olowalu, and eventually steep topography of much of the areas 1998, pp. 2, 6). Many forest trees were encompassed 1,100 ac (445 ha). Later on Molokai, Lanai, and Maui where destroyed (Perlman 1992, pp. 1–9), the same year, a fire that started at these 40 species remain, erosion and which opened the canopy and Maalaea initially destroyed 200 ac (81 disturbance caused by introduced ha), and because of strong winds and facilitated the invasion of nonnative ungulates exacerbate the potential for drought conditions, continued to burn plants (Kitayama and Mueller-Dombois landslides, rockfalls, or flooding, which for 8 days, moved up Kealaloloa and 1995, p. 671). Historically (prior to the in turn negatively impact native plants. nearby ridges, and encompassed a total introduction of nonnative, invasive For those species that occur in small of 6,200 ac (2,509 ha). This fire is on plants to the Hawaiian Islands), it is numbers in highly restricted geographic record as the largest brush fire that has likely that areas affected by hurricanes areas, such events have the potential to occurred on Maui. Nine species would eventually have been eradicate all individuals of a reported from Maui’s lowland dry, repopulated by native plants. However, population, or even all populations of a lowland mesic, montane dry, montane any area affected by hurricanes will species, resulting in extinction. mesic, and dry cliff ecosystems (Bidens likely be invaded by nonnative plants as Landslides, rockfalls, and treefalls campylotheca ssp. pentamera, nonnative plants are present in all likely adversely impact 14 of the species Canavalia pubescens, Cyanea ecosystems throughout the Hawaiian addressed in this proposed rule, magnicalyx, C. mauiensis, C. obtusa, Islands and competition with nonnative including Cyanea asplenifolia, C. Phyllostegia bracteata, Santalum plants is exacerbated by hurricanes. grimesiana ssp. grimesiana, C. horrida, haleakalae var. lanaiense, Schiedea Therefore, hurricanes represent a threat C. magnicalyx, C. maritae, C. mauiensis, salicaria, and Stenogyne kauaulaensis) to each of the 10 ecosystems and to all C. munroi, C. profuga, C. solanacea, are adversely impacted by fire because of the 37 plant species addressed in this Cyrtandra filipes, Schiedea jacobii, S. individuals of these species or their final rule. In addition, biologists have laui, Stenogyne kauaulaensis, and habitat are located in or near areas that reported that hurricanes are a threat to Wikstroemia villosa, as documented in were burned in previous fires or in areas the three tree snails in this final rule observations by field botanists and at risk for fire due to the presence of (Newcombia cumingi, Partulina surveyors (HBMP 2008). Monitoring highly flammable nonnative grasses and semicarinata, and P. variabilis). High data from PEPP and the HBMP suggest pine trees. winds and intense rains from hurricanes that these 14 species face threats from can dislodge snails from the leaves and landslides or falling rocks, as they are Habitat Destruction and Modification by branches of their host plants and found in landscape settings susceptible Hurricanes deposit them on the forest floor where to these events (e.g., steep slopes and Hurricanes adversely impact native they may be crushed by falling cliffs). Field survey data presented by Hawaiian terrestrial habitat, including vegetation or exposed to predation by Oppenheimer documented the direct each of the 10 Maui Nui ecosystems nonnative rats and snails (see Disease or damage from landslides to individuals addressed here and their associated Predation, below) (Hadfield 2011, pers. of Cyanea solanacea located along a species identified in this final rule. comm.). Although there is historical stream bank and steep slope beneath a They do this by destroying native evidence of only one hurricane that cliff (PEPP 2007, p. 41). Since C. vegetation, opening the canopy and thus approached from the east and impacted solanacea is known from a total of 26 modifying the availability of light, and the islands of Maui and Hawaii individuals in steep-walled stream creating disturbed areas conducive to (Businger 1998, p. 3), damage by future valleys, one or several landslides could invasion by nonnative pest species (see hurricanes could further decrease the lead to near extirpation of the species by ‘‘Specific Nonnative Plant Species remaining native plant-dominated direct destruction of the individual Impacts,’’ in our June 11, 2012, habitat areas that support the Maui Nui plants, mechanical damage to proposed rule (77 FR 34464)) (Asner ecosystems (Bellingham et al. 2005, p. individual plants that could lead to and Goldstein 1997, p. 148; Harrington 681). their death, destabilization of the cliff

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32046 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

habitat leading to additional landslides, Habitat Destruction and Modification by related to more frequent El Nin˜ o and alteration of hydrological patterns Climate Change episodes in Hawaii (Giambelluca et al. (e.g., affecting the availability of soil Our analyses under the Endangered 1991, p. v). Future changes in moisture). In addition, Perlman (2009b, Species Act include consideration of precipitation and the forecast of those in litt.) noted the threat of rolling or ongoing and projected changes in changes are highly uncertain because falling rocks to one population of climate. The terms ‘‘climate’’ and they depend, in part, on how the El Cyanea magnicalyx. ‘‘climate change’’ are defined by the Nin˜ o-La Nin˜ a weather cycle (a Monitoring data presented by HBMP Intergovernmental Panel on Climate disruption of the ocean atmospheric and the PEPP program suggest that Change (IPCC). ‘‘Climate’’ refers to the system in the tropical Pacific having flooding is a likely threat to five plant mean and variability of different types important global consequences for species included in this final rule, of weather conditions over time, with 30 weather and climate) might change Bidens campylotheca ssp. waihoiensis, years being a typical period for such (State of Hawaii 1998, pp. 2–10). The 40 Cyanea duvalliorum, C. horrida, C. measurements, although shorter or species in this final rule may be profuga, and Schiedea laui. Field survey longer periods also may be used (IPCC especially vulnerable to extinction due data presented by PEPP (2008, pp. 107– 2007, p. 78). The term ‘‘climate change’’ to anticipated environmental changes 108) and by Bakutis (2010, in litt.) thus refers to a change in the mean or that may result from global climate suggest that catastrophic flooding or variability of one or more measures of change, due to their small population landslides are possible at one climate (e.g., temperature or size and highly restricted ranges. population of Schiedea laui located in precipitation) that persists for an Environmental changes that may affect a cave along a narrow stream corridor at extended period, typically decades or these species are expected to include the base of a waterfall in the Kamakou longer, whether the change is due to habitat loss or alteration and changes in Preserve. disturbance regimes (e.g., storms and Six plant species, Canavalia natural variability, human activity, or both (IPCC 2007, p. 78). Various types hurricanes). The probability of a species pubescens, Cyanea horrida, Festuca going extinct as a result of these factors molokaiensis, Schiedea jacobii, S. of changes in climate can have direct or indirect effects on species. These effects increases when its range is restricted, salicaria, and Stenogyne kauaulaensis, habitat decreases, and population and the three tree snails in this rule may may be positive, neutral, or negative and they may change over time, depending numbers decline (IPCC 2007, p. 8). The be affected by habitat loss or 40 species have limited environmental degradation associated with droughts, on the species and other relevant considerations, such as the effects of tolerances, limited ranges, restricted which are not uncommon in the habitat requirements, small population Hawaiian Islands. Between 1860 and interactions of climate with other variables (e.g., habitat fragmentation) sizes, and low numbers of individuals. 2006, there have been 30 periods of Therefore, we would expect these Statewide drought that have also (IPCC 2007, pp. 8–14, 18–19). In our species to be particularly vulnerable to affected the islands of Molokai, Lanai, analyses, we use our expert judgment to projected environmental impacts that and Maui (Giambelluca et al. 1991, pp. weigh relevant information, including may result from changes in climate, and 3–4; Hawaii Commission on Water uncertainty, in our consideration of subsequent impacts to their habitats Resource Management 2009a and various aspects of climate change. (e.g., Pounds et al. 1999, pp. 611–612; 2009b). In 2006, Maui County was Climate change will be a particular Still et al. 1999, p. 610; Benning et al. designated a primary disaster area challenge for the conservation of 2002, pp. 14,246–14,248). We believe because of a severe drought from April biodiversity because the introduction changes in environmental conditions to September 2006 (Pacific Disaster and interaction of additional stressors that may result from climate change Center, 2010). More recently, the U.S. may push species beyond their ability to Department of Agriculture has survive (Lovejoy 2005, pp. 325–326). may impact these 40 species and their designated Maui County as a primary The synergistic implications of climate habitat, and we do not anticipate a natural disaster area due to losses change and habitat fragmentation are reduction in this potential threat in the caused by an ongoing drought, the most threatening facet of climate near future. beginning January 1, 2012 (http:// change for biodiversity (Hannah et al. Climate Change and Ambient www.fsa.usda.gov/FSA, accessed 2005, p. 4). The magnitude and intensity Temperature January 17, 2013). It is suggested that of the impacts of global climate change Festuca molokaiensis, a purported and increasing temperatures on native The average ambient air temperature annual plant, has not been observed at Hawaiian ecosystems are unknown. (at sea level) is projected to increase by its known location in recent years due Currently, there are no climate change about 4.1 degrees Fahrenheit (°F) (2.3 to drought conditions on Molokai studies that specifically address impacts °Centigrade (C)) with a range of 2.7 °F (Oppenheimer 2011, pers. comm.). to the 10 Maui Nui ecosystems to 6.7 °F (1.5 °C to 3.7 °C) by 2100 Drought also leads to an increase in the described in this final rule, or the 40 worldwide (IPCC 2007). These changes number of forest and brush fires species at issue in this rule. Based on would increase the monthly average (Giambelluca et al. 1991, p. v), causing the best available information, climate temperature of the Hawaiian Islands a reduction of native plant cover and change impacts could lead to the from the current value of 74 °F (23.3 °C) habitat (D’Antonio and Vitousek 1992, decline or loss of native species that to between 77 °F to 86 °F (25 °C to 30 pp. 77–79) and a reduction in comprise the communities in which the °C). Historically, temperature has been availability of host plants for the three 40 species occur (Pounds et al. 1999, pp. rising over the last 100 years with the tree snails. Recent episodes of drought 611–612; Still et al. 1999, p. 610; greatest increase after 1975 (Alexander have also driven axis deer farther into Benning et al. 2002, pp. 14,246–14,248; et al. 2006, pp. 1–22; Giambelluca et al. urban and forested areas for food, Allen et al. 2010, pp. 660–662; Sturrock 2008, p. 1). The rate of increase at low increasing their negative impacts to et al. 2011, p. 144; Towsend et al. 2011, elevation (0.16 °F; 0.09 °C) per decade native vegetation from herbivory and p. 15; Warren 2011, pp. 221–226). In is below the observed global trampling (see Disease or Predation, addition, weather regime changes (e.g., temperature rise of 0.32 °F (0.18 °C) per below) (Waring 1996, in litt., p. 5; droughts, floods) will likely result from decade (IPCC 2007). However, at high Nishibayashi 2001, in litt.). increased annual average temperatures elevations, the rate of increase (0.48 °F

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32047

(0.27 °C) per decade) greatly exceeds the global precipitation patterns (U.S. species in this final rule and the 10 global rate (IPCC 2007). National Science and Technology ecosystems that support them. Overall, the daily temperature range Council (US–NSTC) 2008; US–GCRP Climate Change, and Tropical Cyclone in Hawaii is decreasing, resulting in a 2009). While annual global precipitation Frequency and Intensity warmer environment, especially at has increased over the last 100 years, higher elevations and at night. In the the combined effect of increases in A tropical cyclone is the generic term main Hawaiian Islands, predicted evaporation and evapotranspiration is for a medium- to large-scale low- changes associated with increases in causing land surface drying in some pressure system over tropical or temperature include a shift in vegetation regions leading to a greater incidence subtropical waters with organized zones upslope, shift in animal species’ and severity of drought (US–NSTC convection (i.e., thunderstorm activity) ranges, changes in mean precipitation 2008; US–GCRP 2009). Over the the past and definite cyclonic surface wind with unpredictable effects on local 100 years, the Hawaiian Islands have circulation (counterclockwise direction environments, increased occurrence of experienced an overall decline in in the Northern Hemisphere) (Holland drought cycles, and increases in the annual precipitation of just over 9 1993, pp. 1–8). In the Northeast Pacific intensity and number of hurricanes percent (US–NSTC 2008). Other data on Ocean, east of the International Date (Loope and Giambelluca 1998, pp. 514– precipitation in Hawaii, which includes Line, once a tropical cyclone reaches an 515; U.S. Global Change Research sea level precipitation and the added intensity with winds of at least 74 mi Program (US–GCRP) 2009). In addition, orographic effects, show a steady and per hour (33 m per second) it is weather regime changes (e.g., droughts, significant decline of about 15 percent considered a hurricane (Neumann 1993, floods) will likely result from increased over the last 15 to 20 years (Chu and pp. 1–2). Climate modeling has annual average temperatures related to Chen 2005, p. 4,881–4,900; Diaz et al. projected changes in tropical cyclone more frequent El Nin˜ o episodes in 2005, pp. 1–3). Exact future changes in frequency and intensity due to global Hawaii (Giambelluca et al. 1991, p. v). precipitation in Hawaii and the forecast warming over the next 100 to 200 years However, despite considerable progress of those changes are uncertain because (Vecchi and Soden 2007, pp. 1,068– made by expert scientists toward they depend, in part, on how the El 1,069, Figures 2 and 3; Emanuel et al. understanding the impacts of climate Nin˜ o-La Nin˜ a weather cycle might 2008, p. 360, Figure 8; Yu et al. 2010, change on many of the processes that change (State of Hawaii 1998, pp. 2–10). p. 1,371, Figure 14). The frequency of contribute to El Nin˜ o variability, it is hurricanes generated by tropical In the oceans around Hawaii, the not possible to say whether or not El cyclones is projected to decrease in the Nin˜ o activity will be affected by climate average annual rainfall at sea level is central Pacific (e.g., the main and change (Collins et al. 2010, p. 391). about 25 in (63.5 cm). The orographic Northwestern Hawaiian Islands) while The warming atmosphere is creating a features of the islands increase this storm intensity (strength) is projected to plethora of anticipated and annual average to about 70 in (177.8 cm) increase by a few percent over this unanticipated environmental changes but can exceed 240 in (609.6 cm) in the period (Vecchi and Soden 2007, pp. such as melting ice caps, decline in wettest mountain areas. Rainfall is 1,068–1,069, Figures 2 and 3; Emanuel annual snow mass, sea-level rise, ocean distributed unevenly across each high et al. 2008, p. 360, Figure 8; Yu et al. acidification, increase in storm island, and rainfall gradients are 2010, p. 1,371, Figure 14). There are no frequency and intensity (e.g., extreme (approximately 25 in (63.5 cm) climate model predictions for a change hurricanes, cyclones, and tornadoes), per mile), creating both very dry and in the duration of Pacific tropical and altered precipitation patterns that very wet areas. Global climate modeling cyclone storm season (which generally contribute to regional increases in predicts that, by 2100, net precipitation runs from May through November). floods, heat waves, drought, and at sea level near the Hawaiian Islands In general, tropical cyclones with the wildfires that also displace species and will decrease in winter by about 4 to 6 intensities of hurricanes have been a alter or destroy natural ecosystems percent, with no significant change rare occurrence in the Hawaiian Islands. (Pounds et al. 1999, pp. 611–612; IPCC during summer (IPCC 2007). For more information on this topic, see 2007; Marshall et al. 2008, p. 273; U.S. Downscaling of global climate models ‘‘Habitat Destruction and Modification Climate Change Science Program 2008; indicates that wet-season (winter) by Hurricanes,’’ above. Flannigan et al. 2009, p. 483; US–GCRP precipitation will decrease by 5 percent Climate Change, and Sea Level Rise and 2009; Allen et al. 2010, pp. 660–662; to 10 percent, while dry-season Coastal Inundation Warren 2011, pp. 221–226). These (summer) precipitation will increase by environmental changes are predicted to about 5 percent (Timm and Diaz 2009, On a global scale, sea level is rising alter species migration patterns, pp. 4,261–4,280). These data are also as a result of thermal expansion of lifecycles, and ecosystem processes supported by a steady decline in stream warming ocean water; the melting of ice such as nutrient cycles, water flow beginning in the early 1940s (Oki sheets, glaciers, and ice caps; and the availability, and decomposition (IPCC 2004, p. 1). Altered seasonal moisture addition of water from terrestrial 2007; Pounds et al. 1999, pp. 611–612; regimes can have negative impacts on systems (Climate Institute 2011). Sea Sturrock et al. 2011, p. 144; Townsend plant growth cycles and overall negative level rose at an average rate of 0.1 in (1.8 et al. 2011, p. 15; Warren 2011, pp. 221– impacts on natural ecosystems (US– mm) per year between 1961 and 2003 226). The species extinction rate is GCRP 2009). Long periods of decline in (IPCC 2007, p. 5), and the predicted predicted to increase congruent with annual precipitation result in a increase by the end of this century, ambient temperature increase (US– reduction in moisture availability, an without accounting for ice sheet flow, GCRP 2009). increase in drought frequency and ranges from 0.6 ft to 2.0 ft (0.18 m to 0.6 intensity, and a self-perpetuating cycle m) (IPCC 2007, p. 13). When ice sheet Climate Change and Precipitation of nonnative plants (such as nonnative and glacial melt are incorporated into As global surface temperature rises, grasses adapted to fire), fire, and erosion models, the average estimated increase the evaporation of water vapor (US–GCRP 2009; Warren 2011, pp. 221– in sea level by the year 2100 is increases, resulting in higher 226) (see ‘‘Habitat Destruction and approximately 3 to 4 ft (0.9 to 1.2 m), concentrations of water vapor in the Modification by Fire,’’ above). These with some estimates as high as 6.6 ft atmosphere, further resulting in altered impacts may negatively affect the 40 (2.0 m) to 7.8 ft (2.4 m) (Rahmstorf 2007,

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32048 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

pp. 368–370; Pfeffer et al. 2008, p. these efforts are overwhelmed by the other sources to propagate and maintain 1,340; Fletcher 2009, p. 7; US–GCRP number of threats, the extent of these in captivity the two Lanai tree snails, 2009, p. 18). There is no specific threats across the landscape, and the Partulina semicarinata and P. variabilis, information available on how sea level lack of sufficient resources (e.g., and Newcomb’s tree snail (Newcombia rise and coastal inundation will impact funding) to control or eradicate them cumingi). However, the numbers of the coastal ecosystems on Maui and from all areas where these 40 species individuals of both Lanai tree snail Molokai where two of the species in this occur now or occurred historically. species appear to be declining in rule, Canavalia pubescens and Some of the voluntary conservation captivity, and individuals of Newcomb’s Pittosporum halophilum, are currently efforts include the 11 island-based tree snail do not survive long in found. watershed partnerships, including the 4 captivity (Hadfield 2008, p. 1–11; Increased interannual variability of partnerships in Maui Nui (West Maui Hadfield 2010, pers. comm.; Hadfield ambient temperature, precipitation, Mountains Watershed Partnership, East 2011, pers. comm.). This program does hurricanes, and sea level rise and Maui Watershed Partnership, East not address broad-scale threats to tree inundation would provide additional Molokai Watershed Partnership, and snail habitat by invasive species. stresses on the 10 ecosystems and each Lanai Forest and Watershed Recently (August 2012), the Service and of the associated 40 species in this final Partnership). These partnerships are Maui Land and Pineapple Co., Inc. rule because they are highly vulnerable voluntary alliances of public and private (MLP), entered into a cooperative to disturbance and related invasion of landowners ‘‘committed to the common agreement to provide funding for the nonnative species. The probability of a value of protecting forested watersheds construction of a fenced snail exclosure species going extinct as a result of such for water recharge, conservation, and at the only known site for Newcomb’s factors increases when its range is other ecosystem services through tree snail (Service 2012, in litt.). The restricted, habitat decreases, and collaborative management’’ (http:// purpose of the fenced exclosure is to population numbers decline (IPCC 2007, hawp.org/partnerships). Most of the protect individuals of this tree snail in- p. 8). The 40 species have limited ongoing conservation management situ from predation by rodents (e.g., rats environmental tolerances, ranges, actions undertaken by the watershed and mice) and predatory nonnative restricted habitat requirements, small partnerships address threats to upland snails. In addition, restoration of snail population sizes, and low numbers of habitat from nonnative species (e.g., habitat will be undertaken as funding is individuals. Therefore, we would expect feral ungulates, nonnative plants) and available. Construction of the fenced these species to be particularly may include fencing, ungulate removal, exclosure has not yet been inititated. vulnerable to projected environmental nonnative plant control, and Voluntary conservation actions impacts that may result from changes in outplanting of native, as well as rare undertaken by The Nature Conservancy climate and subsequent impacts to their native, species on lands within the of Hawaii (TNC) on their preserves on habitats (e.g., Loope and Giambelluca partnership. Funding for the watershed Maui (Kapunakea Preserve and 1998, pp. 504–505; Pounds et al. 1999, partnerships is provided through a Waikamoi Preserve), and two of their pp. 611–612; Still et al. 1999, p. 610; variety of State and Federal sources, preserves on Molokai (Kamakou Benning et al. 2002, pp. 14,246–14,248, public and private grants, and in-kind Preserve and Moomomi Preserve), by Giambelluca and Luke 2007, pp. 13–18). services provided by the partners or the Maui Land and Pineapple Company Based on the above information, we volunteers. on their Puu Kukui Watershed Preserve conclude that changes in environmental The State of Hawaii’s Plant Extinction on west Maui, by Ulupalakua Ranch and conditions that result from climate Prevention (PEP) Program supports Haleakala Ranch on their lands on change are likely to negatively impact conservation of plant species by Maui, and by East Maui Irrigation these 40 species, and we do not securing seeds or cuttings (with Company, Ltd., are described in our anticipate a reduction in this potential permission from the State, Federal, or June 11, 2012, proposed rule (77 FR threat in the near future. private landowners) from the rarest and 34464). These conservation actions most native provide a conservation benefit and Conservation Efforts To Reduce Habitat species for propagation and outplanting ameliorate some of the threats from Destruction, Modification, or (http://pepphi.org). The PEP Program nonnative species to one or more of the Curtailment of Its Range focusses on species that have fewer than 36 plants (not Cyanea mauiensis) and 3 There are no approved habitat 50 plants remaining in the wild. tree snails addressed in this final rule. conservation plans (HCPs), safe harbor Funding for this program is from the In addition, other private landowners agreements (SHAs), or candidate State of Hawaii, Federal agencies (e.g., on Maui are engaged in, or initiating, conservation agreements (CCAs) that Service), and public and private grants. voluntary conservation actions on their specifically address these 40 species The PEP Program collects, propagates, lands, including fencing to exclude and threats from habitat destruction or or outplants 14 plant species that are ungulates, removing ungulates, modification. We are aware of several addressed in this final rule (Cyanea controlling nonnative plants, and memoranda of understanding (MOUs) asplenifolia, C. horrida, C. magnicalyx, outplanting native and rare plants. that are under development that will C. maritae, C. munroi, C. profuga, C. These private landowners include specifically address one or more of these solanacea, Phyllostegia haliakalae, P. Kaanapali Land Development Company 40 species and the threats from habitat pilosa, Pittosporum halophilum, (in cooperation with TNC), Nuu Mauka destruction or modification. We Schiedea jacobii, S. laui, Stenogyne Ranch, Kaupo Ranch, Makila Land acknowledge that in the State of Hawaii kauaulaensis, and Wikstroemia villosa) Company, Kahoma Land Company, and there are several voluntary conservation PEPP 2011, pp. 75, 166, 191; PEPP 2012, Wailuku Water Company. All of these efforts that may be helping to ameliorate pp. 6, 13, 34–36, 66–70, 73–81, 150, landowners are partners in one of the the threats to the 40 species addressed 159–160). However, the program has not watershed partnerships on Maui, or in this final rule due to habitat yet been able to directly address broad- cooperate or work collaboratively with destruction and modification by scale habitat threats to plants by watershed partners. The conservation nonnative species, fire, natural invasive species. actions provided by these landowners disasters, and climate change, and the The State’s University of Hawaii ameliorate some of the threats from interaction of these threats. However, receives funding from the Service and nonnative species to one or more of the

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32049

36 plants (not Cyanea mauiensis) and 3 occur in the 10 ecosystems that support serious and ongoing because fire tree snails addressed in this final rule. the 40 species in this rule. The threat damages and destroys native vegetation, In addition to the the voluntary posed by introduced ungulates to the including dormant seeds, seedlings, and conservation efforts of TNC on Molokai species and their habitats in this final juvenile and adult plants. Many (see above), we are aware of voluntary rule that occur in these 10 ecosystems nonnative invasive plants, particularly conservation efforts by Puu o Hoku (see Table 4) is serious, because they fire-tolerant grasses, outcompete native Ranch associated with the safe harbor cause: (1) Trampling and grazing that plants and inhibit their regeneration agreement (SHA) for the or directly impact the plant communities, (D’Antonio and Vitousek 1992, pp. 70, Hawaiian goose (Branta sandvicensis). which include 35 of the 37 plant species 73–74; Tunison et al. 2002, p. 122). Although the SHA does not provide listed in this final rule, and impact host Successive fires that burn farther and specific management actions for the plants used by the two Lanai tree snails, farther into native habitat destroy native conservation of one or more of the 11 Partulina semicarinata and P. variabilis, plants and remove habitat for native species on Molokai addressed in this for foraging, shelter, and reproduction; species by altering microclimatic final rule, some habitat conservation (2) increased soil disturbance, leading to conditions and creating conditions measures (e.g., enhancement of native mechanical damage to individuals of the favorable to alien plants. The threat plant species) that may be undertaken plant species listed in this final rule, from fire is unpredictable but increasing by the ranch may benefit these species and plants used by the two tree snails in frequency in ecosystems that have and their habitat. for foraging, shelter, and reproduction; been invaded by nonnative, fire-prone Recently, the private landowners of and (3) creation of open, disturbed areas grasses. the island of Lanai (Lanai Resorts and conducive to weedy plant invasion and Natural disasters, such as hurricanes, Castle & Cooke Properties, Inc. (CCPI)) establishment of alien plants from represent a serious threat to the habitats began development of an island-wide dispersed fruits and seeds, which of all 37 plant species addressed in this conservation plan. This plan, when results over time in the conversion of a final rule because they open the forest completed and implemented, should community dominated by native canopy, modify available light, and provide landscape-scale management vegetation to one dominated by create disturbed areas that are that will benefit the unique native nonnative vegetation (leading to all of conducive to invasion by nonnative pest species and their habitats on the entire the negative impacts associated with plants (Asner and Goldstein 1997, p. island of Lanai. The plan should help nonnative plants, listed below). These 148; Harrington et al. 1997, pp. 346– ameliorate the primary threats to, and threats are expected to continue or 347). The discussion under ‘‘Habitat needed recovery actions for, the seven increase without ungulate control or Destruction and Modification by species (five plants and two tree snails) eradication. Nonnative Plants,’’ above provides addressed in this final rule and Lanai’s Nonnative plants represent a serious additional information related to canopy already listed species and their habitat, and ongoing threat to 36 of the 40 gaps, light availability, and the including: Control of nonnative species species listed in this final rule (35 plant establishment of nonnative plant (including ungulates), in-situ protection species and the tree snail Newcombia species. In addition, hurricanes can of tree snails, implementation of cumingi; see Table 4) through habitat negatively impact the three tree snail immediate protective intervention destruction and modification because species in this final rule because strong efforts for rare plants, and restoration of they: (1) Adversely impact microhabitat winds and intense rainfall can dislodge terrestrial habitat for plants and by modifying the availability of light; (2) individual snails from their host plants animals. alter soil-water regimes; (3) modify and deposit them on the ground where nutrient cycling processes; (4) alter fire they may be crushed by falling debris or Summary of Habitat Destruction and characteristics of native plant habitat, eaten by nonnative rats and snails. The Modification leading to incursions of fire-tolerant impacts of hurricanes and other The threats to the habitats of each of nonnative plant species into native stochastic natural events can be the 40 species in this final rule are habitat; and (5) outcompete, and particularly devastating to the 40 occurring throughout the entire range of possibly directly inhibit the growth of, species because, as a result of other each of the species. These threats native plant species. Each of these threats, they now persist in low include land conversion by agriculture threats can convert native-dominated numbers or occur in restricted ranges and urbanization, nonnative ungulates plant communities to nonnative plant and are therefore less resilient to such and plants, fire, natural disasters, and communities (Cuddihy and Stone 1990, disturbances, rendering them highly climate change, and the interaction of p. 74; Vitousek 1992, pp. 33–35). This vulnerable. Furthermore, a particularly these threats. While the conservation conversion has negative impacts on 35 destructive hurricane holds the measures described above are a step in of the 37 plant species addressed here, potential of driving a localized endemic the right direction toward addressing as well as the native plant species upon species to extinction in a single event. the threats to the 40 species, due to the which Newcombia cumingi depends for Hurricanes pose an ongoing and ever- pervasive and expansive nature of the essential life-history needs. present threat because they can happen threats resulting in habitat degradation, The threat from fire to 13 of the 40 at any time, although their occurrence is these measures are insufficient across species in this final rule that depend on not predictable. the landscape to eliminate these threats coastal, lowland dry, lowland mesic, Landslides, rockfalls, treefalls, and to any of the 40 species in this final montane dry, montane mesic, and dry flooding adversely impact the habitats rule. cliff ecosystems (Bidens campylotheca of 16 of the species in this final rule Development and urbanization of ssp. pentamera, Canavalia pubescens, (Bidens campylotheca ssp. waihoiensis, coastal and lowland dry habitat on Maui Cyanea magnicalyx, C. mauiensis, C. Cyanea asplenifolia, C. duvalliorum, C. represents a serious and ongoing threat obtusa, Festuca molokaiensis, grimesiana ssp. grimesiana, C. horrida, to the remaining individuals of Phyllostegia bracteata, P. haliakalae, C. magnicalyx, C. maritae, C. mauiensis, Canavalia pubescens remaining at Pittosporum halophilum, Pleomele C. munroi, C. profuga, C. solanacea, Palauea-Keahou. fernaldii, Santalum haleakalae var. Cyrtandra filipes, Schiedea jacobii, S. The effects from ungulates are lanaiensis, Schiedea salicaria, and laui, Stenogyne kauaulaensis, and ongoing because ungulates currently Stenogyne kauaulaensis; see Table 4) is Wikstroemia villosa; see Table 4) by

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32050 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

destabilizing substrates, damaging and Islands, a distance of over 500 mi (805 trade or market. Based on the history of destroying individual plants, and km). The endemic Hawaiian tree snails collection of endemic Hawaiian tree altering hydrological patterns, which within the family Achatinellidae snails, the market for Hawaiian tree result in habitat destruction or (subfamily Achatinellinae) were snail shells, and the inherent modification and changes to native extensively collected for scientific as vulnerability of the small populations of plant and animal communities. Drought well as recreational purposes by Newcombia cumingi, Partulina is a threat to six plant species— Europeans in the 18th to early 20th semicarinata, and P. variabilis to the Canavalia pubescens, Cyanea horrida, centuries (Hadfield 1986, p. 322). removal of breeding adults, we consider Festuca molokaiensis, Schiedea jacobii, During the 1800s, collectors observed collection to pose a serious and ongoing S. salicaria, and Stenogyne 500 to 2,000 snails per tree, and threat to these species. kauaulaensis—and all three tree sometimes collected over 4,000 snails in C. Disease or Predation snails—Newcombia cumingi, Partulina just several hours (Hadfield 1986, p. semicarinata, and P. variabilis—by the 322). We may infer that the repeated Disease loss or degradation of habitat due to collections of hundreds to thousands of We are not aware of any threats to the death of individual native plants and individuals at a time by early collectors 37 plant species addressed in this final host tree species, as well as an increase resulted in decreased population sizes rule that would be attributable to and reduction of reproduction potential in forest and brush fires. These threats disease. Disease is a potential threat to due to the removal of potential breeding are serious and have the potential to the three tree snails in this rule, adults. The Achatinellinae do not reach occur at any time, although their Newcombia cumingi, Partulina reproductive age until nearly 10 years occurrence is not predictable. semicarinata, and P. variabilis; evidence old, after which they produce only 4 to Changes in environmental conditions for this is based on attempts to raise 6 offspring per year (Hadfield 2011, that may result from global climate these species in captivity. Due to the pers. comm.). The allure of tree snails change include increasing temperatures, extremely low numbers and threat of persists to this day, and there is a decreasing precipitation, increasing extinction of Hawaiian tree snails in the market for rare tree snails that may serve storm intensities, and sea level rise and wild, captive breeding of over 20 as an incentive to collect them. A search coastal inundation. The consequent species has been implemented over the impacts on the 40 species addressed in of the Internet (e.g., eBay.com, google.com) reveals Web sites that offer past decade. Hadfield (2010, pers. this final rule are related to changes in comm.) notes that individuals of microclimatic conditions in their Hawaiian tree snail shells for sale, including other species of the endemic Newcombia cumingi do not survive long habitats. These changes may lead to the in captivity, and individuals of loss of native species due to direct Hawaiian tree snail genus Partulina. Based on the history of collection of Partulina spp. sometimes die off for physiological stress, the loss or unknown reasons (Hadfield 2011, pers. alteration of habitat, increased endemic Hawaiian tree snails, the market for Hawaiian tree snail shells, comm.). According to Hadfield (2011, competition from nonnative species, pers. comm.), the London Zoo found and changes in disturbance regimes and the vulnerability of the small populations of Newcombia cumingi, evidence of protozoan presence in a (e.g., droughts, fire, storms, and non-Hawaiian species of Partulina, hurricanes). Because the specific and Partulina semicarinata, and P. variabilis to the negative impacts of any which is indicative of disease. Hadfield cumulative effects of climate change on (2011, pers. comm.) also suggests there these 40 species are presently unknown, collection, we consider the potential overcollection of these three Hawaiian is a negative correlation between we are not able to determine the severity reproductive potential in Hawaiian tree of this possible threat with confidence. tree snails to pose a serious and ongoing threat, because it can occur at any time, snails and time in captivity, likely due B. Overutilization for Commercial, although its occurrence is not to inbreeding depression or Recreational, Scientific, or Educational predictable. environmental conditions, including Purposes disease. Conservation Efforts to Reduce Because we have no evidence that Plants Overutilization for Commercial, disease may be impacting natural We are not aware of any threats to the Recreational, Scientific or Educational populations of the three tree snail 37 plant species addressed in this final Purposes species, we cannot conclude that this rule that are attributable to We are unaware of voluntary threat may have contributed to the overutilization for commercial, conservation efforts to reduce current population status of Newcombia recreational, scientific, or educational overcollection of the three Hawaiian cumingi, Partulina semicarinata, and P. purposes. tree snails. There are no approved HCPs, variabilis. However, we note that disease is a potential threat to captive Tree Snails SHAs, or MOUs, or other voluntary actions that specifically address these bred Hawaiian tree snails and may be of Tree snails can be found around the three species and the threat from particular concern for Newcombia world in tropical and subtropical overcollection. cumingi, which is not successfully regions and have been valued as surviving or reproducing in captivity, collectibles for centuries. Evidence of Summary of Overutilization for potentially due to disease, and is only tree snail trading among prehistoric Commercial, Recreational, Scientific, or known from one individual in one Polynesians was discovered by a genetic Educational Purposes location in the wild. Recovery of this characterization of the enigmatic multi- We have no evidence to suggest that species will likely depend on successful archipelagic distribution of the Tahitian overutilization for commercial, captive propagation and eventual endemic Partula hyalina and related recreational, scientific, or educational translocation to protected sites in the taxa (Lee et al. 2007, pp. 2,907, 2,910). purposes poses a threat to any the 37 wild. In their study, Lee et al. (2007, pp. plant species in this final rule. We 2,908–2,910) found evidence that consider the three species of tree snails Predation and Herbivory Partula hyalina had been traded as far vulnerable to the impacts of Hawaii’s plants and animals evolved away as Mangaia in the Southern Cook overutilization due to collection for in nearly complete isolation from

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32051

continental influences. Successful lanaiense (pigs, goats, axis deer, and cause erosion, and promote the invasion colonization of these remote volcanic mouflon), Schiedea jacobii (goats, cattle, of alien plants. They are able to forage islands was infrequent, and many and axis deer), S. salicaria (goats, cattle, in extremely rugged terrain and have a organisms never succeeded in and axis deer), and Wikstroemia villosa high reproductive capacity (Clarke and establishing populations. As an (pigs). Cuddihy 1980, p. C–20; van Riper and example, Hawaii lacks any native ants We have direct evidence of ungulate van Riper 1982, pp. 34–35; Tomich or conifers, has very few families of damage to some of these species, but for 1986, pp. 153–156; Cuddihy and Stone birds, and has only a single extant many, due to their remote locations or 1990, p. 64). Goats were observed to native land mammal, a bat (Loope 1998, lack of study, ungulate damage is browse on native plant species in the p. 748). In the absence of any grazing or presumed based on the known presence following genera: Argyroxiphium, browsing mammals, plants that became of these introduced ungulates in the Canavalia, Plantago, Schiedea, and established did not need mechanical or areas where these species occur and the Stenogyne (Cuddihy and Stone 1990, p. chemical defenses against mammalian results of studies conducted in Hawaii 64). A study on the island of Hawaii herbivory such as thorns, prickles, and and elsewhere (Diong 1982, p. 160). For demonstrated that Acacia koa seedlings production of toxins. As the example, in a study conducted by Diong are unable to survive due to browsing evolutionary pressure to either produce (1982, p. 160) on Maui, feral pigs were and grazing by goats (Spatz and or maintain such defenses was lacking, observed browsing on young shoots, Mueller-Dombois 1973, p. 874). If goats Hawaiian plants either lost or never leaves, and fronds of a wide variety of are present at high numbers, mature developed these adaptations (Carlquist plants, of which over 75 percent were trees will eventually die, and with them 1980, p. 173). Likewise native Hawaiian endemic species. A stomach content the root systems that support suckers birds and insects experienced no analysis in this study showed that 60 and vegetative reproduction. One study evolutionary pressure to develop anti- percent of the pigs’ food source demonstrated a positive height-growth predator mechanisms against mammals consisted of the endemic Cibotium response of Acacia koa suckers to the 3- or invertebrates that were not (hapuu, tree fern). Pigs were observed to year exclusion of goats (1968–1971) historically present on the island. The fell plants and remove the bark from inside a fenced area, whereas suckers native flora and fauna of the islands are native plant species within the genera were similarly abundant, but very small, thus particularly vulnerable to the Cibotium, Clermontia, Coprosma, outside of the fenced area (Spatz and impacts of introduced nonnative Hedyotis, Psychotria, and Scaevola, Mueller-Dombois 1973, p. 873). Another species, as discussed below. resulting in larger trees being killed over study at Puuwaawaa on the island of a few months of repeated feeding (Diong Introduced Ungulates Hawaii demonstrated that prior to 1982, p. 144). Beach (1997, pp. 3–4) management actions in 1985, In addition to the habitat impacts found that feral pigs in Texas spread regeneration of endemic shrubs and discussed above (see ‘‘Habitat disease and parasites, and their rooting trees in the goat-grazed area was almost Destruction and Modification by and wallowing behavior led to spoilage totally lacking, contributing to the Introduced Ungulates’’ under Factor A), of watering holes and loss of soil invasion of the forest understory by introduced ungulates pose a threat to through leaching and erosion. Rooting exotic grasses and weeds. After the the following 35 of the 37 plant species activities also decreased the removal of grazing animals in 1985, A. in this final rule by trampling and eating survivability of some plant species koa and Metrosideros spp. seedlings individual plants (this information is through disruption at root level of were observed germinating by the also presented in Table 4): Bidens mature plants and seedlings (Beach thousands (HDLNR 2002, p. 52). Based campylotheca ssp. pentamera (pigs, 1997, pp. 3–4; Anderson et al. 2007, pp. on a comparison of fenced and unfenced goats, and axis deer), B. campylotheca 2–3). In Hawaii, pigs dig up forest areas, it is clear that goats can devastate ssp. waihoiensis (pigs, goats, and axis ground cover consisting of delicate and native ecosystems (Loope et al. 1988, p. deer), B. conjuncta (pigs and goats), rare species of orchids, ferns, mints, 277). As goats occur in nine of the Calamagrostis hillebrandii (pigs), lobeliads, and other taxa, including described ecosystems (coastal, lowland Canavalia pubescens (pigs, goats, cattle, roots, tubers, and rhizomes (Stone and dry, lowland mesic, lowland wet, and axis deer), Cyanea asplenifolia Anderson 1988, p. 137). In addition, montane dry, montane mesic, montane (pigs, goats, cattle, and axis deer), C. there are direct observations of pig wet, dry cliff, and wet cliff), on Molokai, duvalliorum (pigs), C. grimesiana ssp. herbivory on four of the plant species in grimesiana (pigs, goats, and axis deer), this final rule, including Cyanea Lanai, and Maui, the results of the C. horrida (pigs), C. kunthiana (pigs), C. magnicalyx (PEPP 2010, p. 49), C. studies described above suggest that magnicalyx (pigs), C. maritae (pigs), C. maritae (PEPP 2010, p. 50), Peperomia goats can also alter these ecosystems mauiensis (pigs), C. munroi (goats and subpetiolata (PEPP 2010, p. 97), and and directly damage or destroy native axis deer), C. obtusa (pigs, goats, cattle, Phyllostegia pilosa (PEPP 2009, p. 93). plants by their browsing activity. and axis deer), C. profuga (pigs and As pigs occur in 10 ecosystems (coastal, Therefore, goats pose a threat of goats), C. solanacea (pigs and goats), lowland dry, lowland mesic, lowland predation to 18 species in this rule, as Cyrtandra ferripilosa (pigs and goats), C. wet, montane dry, montane mesic, delineated in Table 4. filipes (pigs, goats, and axis deer), C. montane wet, subalpine, dry cliff, and Axis deer were introduced to Molokai oxybapha (pigs, goats, and cattle), wet cliff) on Molokai and Maui, the in 1868, Lanai in 1920, and Maui in Festuca molokaiensis (goats), Geranium results of the studies described above 1959. Most of the available information hanaense (pigs), G. hillebrandii (pigs), suggest that pigs can also alter these on axis deer in the Hawaiian Islands Mucuna sloanei var. persericea (pigs ecosystems and directly damage or concerns observations and reports from and cattle), Myrsine vaccinioides (pigs), destroy native plants by their browsing the island of Maui. On Maui, axis deer Peperomia subpetiolata (pigs), activity. were introduced as a game animal, but Phyllostegia bracteata (pigs and cattle), Feral goats thrive on a variety of food their numbers have steadily increased, P. haliakalae (cattle), P. pilosa (pigs and plants, and are instrumental in the especially in recent years on Haleakala goats), Pittosporum halophilum (pigs), decline of native vegetation in many (Luna 2003, p. 44). During the 4-year El Pleomele fernaldii (axis deer and areas (Cuddihy and Stone 1990, p. 64). Nin˜ o drought from 1998 through 2001, mouflon), Santalum haleakalae var. Feral goats trample roots and seedlings, Maui experienced an 80 to 90 percent

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32052 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

decline in shrub and vine species and Achyranthes splendens (NCN), managed game species, a private game caused by deer browsing and girdling of Chamaesyce lorifolia (akoko), Diospyros ranch on Maui has added mouflon to its young saplings. High mortality of rare sandwicensis (lama), Lipochaeta rockii stock and it is likely that over time some and native plant species was observed var. dissecta (nehe), Osmanthus individuals may escape (Hess 2010, (Medeiros 2010, pers. comm.). Axis deer sandwicensis (ulupua), Panicum pers. comm.; Kessler 2010, pers. consume progressively less palatable torridum (kakonakona), and Santalum comm.). As mouflon occur in seven of plants until no edible vegetation is left ellipticum (laau ala) (Anderson 2002, the described ecosystems (coastal, (Hess 2008, p. 3). Axis deer are highly poster; Perlman 2009c, in litt., pp. 4–5). lowland dry, lowland mesic, lowland adaptable to changing conditions, and As axis deer occur in nine of the wet, montane wet, dry cliff, and wet are characterized as ‘‘plastic’’ (meaning described ecosystems on Molokai, cliff) on Lanai, the data from the studies flexible in their behavior) by Ables Lanai, and Maui (coastal, lowland dry, above, in addition to direct observation (1977, cited in Anderson in litt. 1999, p. lowland mesic, lowland wet, montane of field biologists, suggest that mouflon 5). They exhibit a high degree of dry, montane mesic, montane wet, dry can also alter these ecosystems and opportunism regarding their choice of cliff, and wet cliff), the results from the directly damage or destroy native plants forage (Dinerstein 1987, cited in studies above, in addition to the direct by their browsing activity (see Table 4). Anderson 1999, p. 5) and can be found observations from field biologists, Cattle, either feral or domestic, are in all but the highest elevation suggest that axis deer can also alter considered one of the most important ecosystems (subalpine and alpine) and these ecosystems and directly damage or factors in the destruction of Hawaiian montane bogs, according to Medeiros destroy native plants by their browsing forests (Baldwin and Fagerlund 1943, (2010, pers. comm.). activity (see Table 4). pp. 118–122). Captain George Axis deer on Maui follow a cycle of Vancouver of the British Royal Navy is Mouflon sheep graze native grazing and browsing in open lowland attributed with introducing cattle to the vegetation, trample undergrowth, spread grasslands during the rainy season Hawaiian Islands in 1793 (Fischer 2007, weeds, and cause erosion. On the island (November–March) and then migrate to p. 350) by way of a gift to King of Hawaii, mouflon browsing led to the the lava flows of montane mesic forests Kamehameha I on the island of Hawaii. decline in the largest population of the during the dry summer months to graze Over time, cattle became established on endangered Argyroxiphium kauense and browse native plants (Medeiros all of the main Hawaiian Islands, and (kau silversword, 2010, pers. comm.). Axis deer favor the historically feral cattle were found on silversword, or ahinahina) located on native plants Abutilon menziesii (an the islands of Kauai, Oahu, Molokai, endangered species), Erythrina the former Kahuku Ranch, reducing it Maui, Kahoolawe, and Hawaii. sandwicensis (wiliwili), and Sida fallax from a ‘‘magnificent population of Currently, feral cattle are found only on (ilima) (Medeiros 2010, pers. comm.). several thousand’’ (Degener et al. 1976, Maui and Hawaii, typically in accessible During the driest months of summer pp. 173–174) to fewer than 2,000 forests and certain coastal and lowland (July-August), axis deer can be found individuals (unpublished data in Powell leeward habitats (Tomich 1986, pp. along Maui’s coastal roads as they 1992, in litt., p. 312) over a period of 10 140–144). In Hawaii Volcanoes National search for food. Hunting pressure years (1974–1984). The native tree Park on the island of Hawaii, Cuddihy appears to drive the deer into native Sophora chrysophylla is also a preferred reported that there were twice as many forests, particularly the lower rainforests browse species for mouflon. According native plant species as nonnatives found up to 4,000 to 5,000 ft (1,220 and 1,525 to Scowcroft and Sakai (1983, p. 495), in areas that had been fenced to exclude m) in elevation (Medeiros 2010, pers. mouflon eat the shoots, leaves, flowers, feral cattle, whereas on the adjacent, comm.), and according to Kessler and and bark of this species. Bark stripping nonfenced cattle ranch, there were twice Hess (2010, pers. comms.) axis deer can on the thin bark of a young tree is as many nonnative plant species as be found up to 9,000 ft (2,743 m) potentially lethal. Mouflon are also natives (Cuddihy 1984, pp. 16, 34). elevation. reported to strip bark from Acacia koa Skolmen and Fujii (1980, pp. 301–310) Other native Hawaiian plant species trees (Hess 2008, p. 3) and to seek out found that Acacia koa seedlings were have been reported as grazed and the threatened plant Silene hawaiiensis able to reestablish in a moist Acacia browsed by axis deer. For example, on (Benitez et al. 2008, p. 57). In the koa-Metrosideros polymorpha forest on Lanai, grazing by axis deer has been Kahuku section of Hawaii Volcanoes Hawaii Island after the area was fenced reported as a major threat to the National Park, mouflon sheep jumped to exclude feral cattle (Skolmen and endangered brighamii (nau) the park boundary fence and reduced Fujii 1980, pp. 301–310). Cattle eat (Mehrhoff 1993, p. 11), and on Molokai, one population of S. hawaiiensis to half native vegetation, trample roots and browsing by axis deer has been reported its original size over a 3-year period seedlings, cause erosion, create on Erythrina sandwicensis and (Belfield and Pratt 2002, p. 8). Other disturbed areas conducive to invasion Nototrichium sandwicense (kului) native species browsed by mouflon by nonnative plants, and spread seeds of (Medeiros et al. 1996, pp. 11, 19). include Geranium cuneatum ssp. nonnative plants in their feces and on Swedberg and Walker (1978, cited in cuneatum (hinahina, silver geranium), their bodies. As feral cattle occur in five Anderson 2003, pp. 124–125) reported G. cuneatum ssp. hypoleucum of the described ecosystems (lowland that in the upper forests of Lanai, the (hinahina, silver geranium), and dry, lowland mesic, lowland wet, native plants Osteomeles anthyllidifolia Sanicula sandwicensis (NCN) (Benitez montane mesic, and montane wet) on (uulei) and Leptecophylla tameiameiae et al. 2008, pp. 59, 61). On Lanai, Maui, the results from the above studies, (pukiawe) comprised more than 30 mouflon sheep were once cited as one in addition to the direct observations percent of axis deer rumen volume. of the greatest threats to the endangered from field biologists, suggest that feral Other native plant species consumed by (Mehrhoff 1993, p. cattle can alter these ecosystems and axis deer include Abutilon menziesii 11), although fencing has now proven to directly damage or destroy native plants and Geranium multiflorum (nohoanu) be an effective mechanism against by their browsing activity (see Table 4). (both endangered species); the species mouflon herbivory on this plant The blackbuck antelope (Antilope Bidens campylotheca ssp. pentamera (Mehrhoff 1993, pp. 22–23). While cervicapra) is an endangered antelope and B. campylotheca ssp. waihoiensis, mouflon sheep were introduced to the from India brought to a private game which are addressed in this final rule; islands of Lanai and Hawaii as a reserve on Molokai about 10 years ago

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32053

from an Indian zoo (Kessler 2010, pers. Rat Impacts on Plants on islands throughout the comm.). According to Kessler (2010, Rats impact native plants by eating world, including extinctions of various pers. comm.), at some time in the last 10 fleshy fruits, seeds, flowers, stems, snail species (Towns et al. 2006, p. 88). years, a few individuals escaped from leaves, roots, and other plant parts In the Hawaiian Islands, rats are known the game reserve and established a wild (Atkinson and Atkinson 2000, p. 23), to prey upon endemic arboreal snails population of an unknown number of and can seriously affect regeneration. (Hadfield et al. 1993, p. 621). In the individuals on the lower, dry plains of Research on rats in forests in New Waianae Mountains of Oahu, Meyer and western Molokai. Blackbuck primarily Zealand has also demonstrated that, Shiels (2009, p. 344) found shells of the use grassland habitat for grazing. In over time, differential regeneration as a endangered endemic Oahu tree snail India, foraging consumption and consequence of rat predation may alter (Achatinella mustelina) with characteristic rat damage (e.g., damage nutrient digestibility are high in the the species composition of forested to the shell opening and cone tip), but moist winter months and low in the dry areas (Cuddihy and Stone 1990, pp. 68– noted that rat crushing of shells may summer months (Jhala 1997, pp. 1,348; 69). Rats have caused declines or even limit the ability to adequately quantify 1,351). Although most plant species are the total elimination of island plant the threat. On Lanai, Hobdy (1993, p. grazed intensely when they are green, species (Campbell and Atkinson 1999, 208) found numerous shells of Partulina some are grazed only after they are dry cited in Atkinson and Atkinson 2000, p. variabilis, one of the tree snails in this (Jhala 1997, pp. 1,348; 1,351). While the 24). In the Hawaiian Islands, rats may final rule, on the ground with damage habitat effects from the blackbuck consume as much as 90 percent of the characteristic of rat predation. Likewise antelope are unknown at this time, we seeds produced by some trees, or in in a 2005 survey on Lanai, Hadfield consider these ungulates a potential some cases prevent the regeneration of threat to native plant species, including (2005, pp. 3–4) found shells of Partulina forest species completely (Cuddihy and semicarinata, another tree snail species the 11 plant species in this final rule Stone 1990, pp. 68–69). All three found on Molokai (Kessler 2010, pers. in this rule, on the ground with species of rat (black, Norway, and characteristic rat damage. Surveys in comm.), because blackbuck antelope Polynesian) have been reported to have foraging and grazing habits similar 2009 led Hadfield and colleagues to adversely impact many endangered and conclude that populations of Partulina to feral goats, cattle, axis deer and threatened Hawaiian plants (Stone 1985, mouflon. redfieldi (a tree snail endemic to p. 264; Cuddihy and Stone 1990, pp. lowland and montane forests on Other Introduced Vertebrates 67–69). Plants with fleshy fruits are Molokai) had declined by 85 percent particularly susceptible to rat predation, Rats since 1995 due to rat predation including some of the species addressed (Hadfield and Saufler 2009, p. 1). On There are three species of introduced in this final rule. For example, the fruits Maui, rat predation on the tree snail rats in the Hawaiian Islands. Studies of of plants in the bellflower family (e.g., species Newcombia cumingi, addressed Polynesian rat (Rattus exulans) DNA Cyanea spp.) appear to be a target of rat in this final rule, has led to a decrease suggest they first appeared in the predation (Cuddihy and Stone 1990, pp. in the number of individuals (Hadfield Hawaiian Islands along with emigrants 67–69). In addition to all 12 species of 2006 in litt., p. 3; 2007, p. 9; 2011, pers. from the Marquesas about 400 A.D., Cyanea (Cyanea asplenifolia, C. comm.). As rats are found in nine of the with a second interaction around 1100 duvalliorum, C. grimesiana ssp. described ecosystems on Lanai and A.D. (Ziegler 2002, p. 315). The black rat grimesiana, C. horrida, C. kunthiana, C. Maui (the islands on which Newcombia (R. rattus) and the Norway rat (R. magnicalyx, C. maritae, C. mauiensis, C. cumingi, Partulina semicarinata, and P. norvegicus) most likely arrived in the munroi, C. obtusa, C. profuga, and C. variabilis occur), including the three Hawaiian Islands more recently, as solanacea), 11 other species of plants in ecosystems (lowland wet, montane wet, stowaways on ships sometime in the this final rule are adversely impacted by and wet cliff) in which the three tree late 19th century (Atkinson and rat predation, including Bidens snails in this rule are found, the results Atkinson 2000, p. 25). The Polynesian campylotheca ssp. pentamera, B. of the above studies, in addition to rat and the black rat are primarily found campylotheca ssp. waihoiensis, B. direct observations from field biologists, in the wild, in dry to wet habitats, while conjucta (Bily et al. 2003, pp. 1–16), suggest that rats directly damage or the Norway rat is typically found in Mucuna sloanei var. persericea, Myrsine destroy Hawaiian tree snails and are a manmade habitats such as urban areas vaccinioides, Peperomia subpetiolata, serious and ongoing threat to the three or agricultural fields (Tomich 1986, p. Pittosporum halophilum, Pleomele tree snail species in this final rule. 41). The black rat is widely distributed fernaldii, Santalum haleakalae var. among the main Hawaiian Islands and lanaiense, Schiedea laui, and Jackson’s Chameleon can be found in a broad range of Wikstroemia villosa (HBMP 2008; Several dozen Jackson’s chameleons ecosystems up to 9,744 ft (2,970 m), but Harbaugh et al. 2010, p. 835). As rats (Chamaeleo jacksonii), native to Kenya it is most common at low- to mid- occur in nine of the described and Tanzania, were introduced to elevations (Tomich 1986, pp. 38–40). ecosystems (coastal, lowland dry, Hawaii in the early 1970s through the While Sugihara (1997, p. 194) found lowland mesic, lowland wet, montane pet trade (Holland et al. 2010, p. 1,438). both the black and Polynesian rats up to dry, montane mesic, montane wet, dry Inter-island transport of Jackson’s 6,972-ft (2,125-m) elevation on Maui, cliff, and wet cliff) on Molokai, Lanai, chameleons for the pet trade was the Norway rat was not seen at the and Maui, the results from the above unrestricted until 1997, when they were higher elevations in his study. Rats studies, in addition to direct classified as ‘‘injurious wildlife,’’ and occur in nine of the described observations from field biologists, export as well as inter-island transport ecosystems (coastal, lowland dry, suggest that rats can directly damage or was prohibited (State of Hawaii 1996, lowland mesic, lowland wet, montane destroy native plants. H.A.R. 13–124–3; Holland et al. 2010, p. dry, montane mesic, montane wet, dry 1,439). Currently, there are established cliff, and wet cliff), and predation by Rat Impacts on Tree Snails populations on all of the main Hawaiian rats is a threat to 23 of the 37 plant Rats (Rattus spp.) have been suggested Islands, with the greatest number of species, and all 3 species of tree snails, as the invasive animal responsible for individuals on the islands of Hawaii, in this final rule (see Table 4). likely the greatest number of animal Maui, and Oahu (Holland et al. 2010, p.

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32054 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

1,438). Jackson’s chameleons prey on information in the U.S. Army’s 2005 found. This nonnative snail is likely native insects and tree snails, including ‘‘Status Report for the Makua responsible for the decline and the endangered Oahu tree snail Implementation Plan’’ and from Keir extinction of many of Hawaii’s native (Achatinella mustelina) (Holland et al. (2013, in litt.) indicates that slugs can be tree snails (Stone and Anderson 1988, p. 2010, p. 1,438; Hadfield 2011, pers. a threat to all species of Cyanea (U.S. 134; Hadfield et al. 1993, p. 621; comm.). Jackson’s chameleons may be Army Garrison 2005, p. 3–51; Keir 2013, Hadfield 2010a, in litt.). In 1979, the expanding their range in the wild from in litt.). Research investigating slug rosy wolf snail decimated a population low-elevation to higher elevation herbivory and control methods shows of the endangered Oahu tree snail pristine native forest, which may result that slug impacts on seedlings of Cyanea (Achatinella mustelina), as well as all in catastrophic impacts to native spp. results in up to 80 percent seedling other tree snails at the same study site ecosystems and the species supported mortality (U.S. Army Garrison 2005, p. (Hadfield and Mountain 1980, p. 357). by those ecosystems, including the 3–51). Slug damage has also been According to Hadfield (2007, pp. 6–9), lowland wet ecosystems on Maui and reported on other Hawaiian plants the rosy wolf snail is currently the Lanai that support the tree snails including Argyroxiphium grayanum greatest threat to the only known Newcombia cumingi, Partulina (greensword), Alsinidendron sp., population of Newcombia cumingi, one semicarinata, and P. variabilis, and the Hibiscus sp., the endangered plant of the three tree snails addressed in this montane wet and wet cliff ecosystems Schiedea kaalae (maolioli), the final rule. In addition, the nonnative on Lanai that support P. semicarinata endangered plant Solanum sandwicense snail ( alliarius), a and P. variabilis. Because Jackson’s (popolo aiakeakua), and Urera sp. predator on the smaller achatinellid chameleons are likely found in, or (Gagne 1983, p. 190–191; Sailer, pers. snails, may be a potential threat to expanding their range into, all of the comm. cited in Joe 2006, pp. 28–34). Newcombia cumingi (Hadfield 2010a, in ecosystems in which the three tree Joe and Daehler (2008, p. 252) found litt.). Hadfield (2007, pp. 6–9) reported snails addressed in this final rule are that native Hawaiian plants are more finding many shells of the garlic snail found, and are known to prey on tree vulnerable to slug damage than within the habitat of N. cumingi on snails, predation by Jackson’s nonnative plants. In particular, they Maui. As the rosy wolf snail can be chameleon is a potentially serious threat found that the individuals of the found in three of the described to the tree snails Newcombia cumingi, endangered plants Cyanea superba and ecosystems (lowland wet, montane wet, Partulina semicarinata, and P. Schiedea obovata had 50 percent higher and wet cliff) on Lanai and Maui (the variabilis. mortality when exposed to slugs when islands on which N. cumingi, Partulina compared to individuals of the same semicarinata, and P. variabilis occur), Invertebrates species that were protected within slug the results from the studies above, in Nonnative Slugs exclosures. As slugs are found in eight addition to observations by field of the described ecosystems (lowland biologists, suggest that the rosy wolf Predation by nonnative snails and dry, lowland mesic, lowland wet, snail has the potential to severely slugs adversely impacts 26 of the 37 montane dry, montane mesic, montane impact the three tree snails in this final plant species (Bidens campylotheca ssp. wet, dry cliff, and wet cliff) on Molokai, rule. waihoiensis, B. conjuncta, Cyanea Lanai, and Maui, the data from the asplenifolia, C. duvalliorum, C. above studies, in addition to direct Nonnative Flatworms grimesiana ssp. grimesiana, C. horrida, observations from field biologists, The extinction of native land snails C. kunthiana, C. magnicalyx, C. maritae, suggest that slugs can directly damage on several Pacific Islands has been C. mauiensis, C. munroi, C. obtusa, C. or destroy native plants. attributed to the terrestrial flatworm profuga, C. solanacea, Cyrtandra filipes, Platydemus manokwari (Sugiura 2010, Geranium hillebrandii, Myrsine Nonnative Snails p. 1,499). This flatworm has decimated vaccinioides, Peperomia subpetiolata, Several species of nonnative snails populations of native tree snails on Phyllostegia bracteata, P. haliakalae, P. have been inadvertently introduced to Guam (Hopper and Smith 1992, pp. 78, pilosa, Santalum haleakalae var. Hawaii. However, in 1955, the rosy wolf 82–83). In the Hawaiian Islands, lanaiense, Schiedea jacobii, S. laui, snail (Euglandina rosea) was purposely Platydemus manokwari has been found Stenogyne kauaulaensis, and introduced to Hawaii from Florida in an on the islands of Oahu and Hawaii, and Wikstroemia villosa; see Table 4) in this attempt to control another nonnative, is likely on all of the main islands final rule through mechanical damage, the giant African snail (Achatina fulica). (Miller 2011, pers. comm.). Although P. destruction of plant parts, and mortality The giant African snail is commonly manokwari has not been reported from (Mitchell et al. 2005; Joe 2006, p. 10; found in Honolulu gardens and is one the same locations as the three tree HBMP 2008; PEPP 2008, pp. 48–49, 52– of the largest snails in the world, in snails addressed in this final rule, it is 53, 57, 70; PEPP 2010, pp. 1–121). On addition to being recognized as one of a potential threat to these species Oahu, slugs have been reported to the world’s most damaging pests to crop because it likely co-occurs on the destroy the endangered plants Cyanea plants (Peterson 1957, pp. 643–658; islands of Molokai, Lanai, and Maui, calycina and Cyrtandra kaulantha in Stone and Anderson 1988, p. 134). The and it is a known predator on tree the wild, and have been observed eating giant African snail appears to have snails. leaves and fruit of wild and cultivated declined throughout the Hawaiian individuals of Cyanea (Mehrhoff 1995, Islands although it is unclear if this Conservation Efforts To Reduce Disease in litt.; U.S. Army Garrison 2005, pp. 3– decline is due to the rosy wolf snail or or Predation 34, 3–51). In addition, slugs have other unrelated reasons (Cowie 1997, p. There are no approved HCPs, SHAs, damaged individuals of other Cyanea 15). The rosy wolf snail is now found or CCAs that specifically address these and Cyrtandra species in the wild on six of the eight main Hawaiian 40 species and threats from predation. (Wood 2001, in litt.; Sailer and Kier Islands (its presence on Niihau and In addition, we are unaware of any 2002, in litt., p. 3; PEPP 2007, p. 38; Kahoolawe has not been confirmed) and voluntary actions that address the three PEPP 2008, pp. 23, 49, 52–53, 57). has expanded its range on those islands species of tree snails and the threat from Little is known about predation of to include cooler, mid-elevation forests disease. We are aware of several MOUs certain rare plants by slugs; however, where many endemic tree snails are that are under development that will

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32055

specifically address one or more of these Although conservation measures are chameleon is likely found in, or is in the 40 species and may address threats from in place in some areas where each of the process of expanding its range to predation. We acknowledge that in the 40 species in this final rule occur, include, all of the ecosystems that State of Hawaii there are several information does not indicate that they support the three tree snails addressed voluntary conservation efforts (e.g., are ameliorating the threat of predation. in this final rule. Predation by this construction of fences) that may be Therefore, we consider predation by nonnative reptile is a potentially serious helping to ameliorate the threats to the nonnative animal species (pigs, goats, threat to Newcombia cumingi, Partulina 40 species addressed in this final rule axis deer, mouflon sheep, cattle, rats, semicarinata, and P. variabilis. due to predation by nonnative animal Jackson’s chameleon, slugs, snails, and species, specifically predation by feral flatworms) to pose an ongoing threat to (5) Hawaiian tree snails are vulnerable ungulates. However, these efforts are all 40 species in this final rule to predation by the nonnative rosy wolf overwhelmed by the number of threats, throughout their ranges for the snail, which is found on all the main the extent of these threats across the following reasons: Hawaiian Islands and whose range landscape, and the lack of sufficient (1) Observations and reports have likely overlaps that of the three tree resources (e.g., funding) to control or documented that pigs, goats, axis deer, snail species we are listing. We eradicate them from all areas where mouflon sheep, and cattle browse and therefore consider Newcombia cumingi, these 40 species occur now or occurred trample 35 of the 37 plant species (see Partulina semicarinata, and P. variabilis historically. See above, ‘‘Conservation Table 4), in addition to other studies to be adversely impacted by predation Efforts to Reduce Habitat Destruction, demonstrating the negative impacts of by the nonnative rosy wolf snail. Modification, or Curtailment of Its ungulate browsing and trampling on Although funding has recently been Range,’’ for a summary of some native plant species of the islands provided to construct a fenced exclosure voluntary conservation actions to (Spatz and Mueller-Dombois 1973, p. to protect individuals of Newcombia address threats from feral ungulates. 874; Diong 1982, p. 160; Cuddihy and cumingi in-situ from predation by The State’s University of Hawaii Stone 1990, p. 67). rodents and predatory nonnative snails, receives funding from the Service and (2) Nonnative rats and slugs cause construction has not yet been inititated. other sources to propagate and maintain mechanical damage to plants and in captivity the two Lanai tree snails destruction of plant parts (branches, In addition, the nonnative garlic snail and Newcomb’s tree snail. However, the fruits, and seeds), and are considered a may be a potential threat to one of the numbers of individuals of both Lanai threat to 30 of the 37 plant species in tree snails addressed in this final rule, tree snail species appear to be declining this rule (see Table 4). All 40 species in N. cumingi, because it is a known in captivity and individuals of this final rule are impacted by either predator on smaller tree snails in the Newcomb’s tree snail do not survive introduced ungulates, as noted in item same family as N. cumingi and shells of long in captivity (Hadfield 2008, p. 1– 1, above, or nonnative rats and slugs, or the garlic snail have been found in N. 11; Hadfield 2010, pers. comm.; both. cumingi habitat (Stone and Anderson Hadfield 2011, pers. comm.). This (3) Rat damage has been observed on 1988, p. 134; Hadfield et al. 1993, p. program does not address threats to shells of dead individuals of the tree 621; Hadfield 2010a, in litt.). snails Partulina variabilis and P. these three tree snails from predation by (6) The nonnative flatworm, semicarinata on Lanai, as well as on nonnative species in the wild nor Platydemus manokwari, is a potential threats from disease in captivity. other native tree snails on Oahu and threat to all three species of tree snails Recently (August 2012), the Service and Molokai, indicating rats are a likely addressed in this final rule (Hadfield MLP entered into a cooperative cause of mortality of these species. agreement to provide funding for the Predation by rats has been linked with 2010b, in litt.; Sugiura 2010, pp. 1,499– construction of a fenced snail exclosure the dramatic declines of some 1,501) because this flatworm has at the only known site for Newcomb’s populations of native tree snails (Hobdy decimated native tree snail populations tree snail (Service 2012, in litt.). The 1993, p. 208; Hadfield and Saufler 2009, on other Pacific Islands and likely purpose of the fenced exclosure is to p. 1; Meyer and Shields 2009, p. 344). occurs on all the main Hawaiian protect individuals of this tree snail in- Rat predation has been documented on Islands, including the islands of Lanai situ from predation by rodents (e.g., rats the tree snail species Newcombia and Maui, where the three tree snails and mice) and predatory nonnative cumingi (Hadfield 2006 in litt., p. 3; are found. snails. Construction of the fenced Hadfield 2007, p. 9; Hadfield 2010a, in These threats are serious and ongoing, exclosure has not yet been inititated. litt.). Although funding has recently act in concert with other threats to the been provided to construct a fenced species, and are expected to continue or Summary of Disease or Predation exclosure to protect individuals of this increase in severity and intensity into We are unaware of any information tree snail in-situ from predation by that indicates that disease is a threat to rodents (e.g., rats and mice) and the future without effective management the 37 plant species in this final rule. predatory nonnative snails, construction actions to control or eradicate them. In Disease is a potential threat to the three has not yet been inititated. Because rats addition, negative impacts to native species of tree snails in this rule, as are found in all of the ecosystems in Hawaiian plants on Molokai from recovery of these species likely will which the three tree snails addressed in grazing and browsing by the blackbuck include captive propagation and disease this final rule are found, and rats are antelope are likely should this is suspected to be a cause of currently known to prey on tree snails, we nonnative ungulate increase in numbers unsuccessful captive propagation of consider predation by rats to be a and range on the island. The combined Newcombia cumingi, Partulina serious and ongoing threat to threat of ungulate, rat, and invertebrate semicarinata, and P. variabilis. Newcombia cumingi, Partulina predation on native Hawaiian flora and However, at this time, we have no semicarinata, and P. variabilis. fauna suggests the need for immediate evidence to suggest that disease is acting (4) Jackson’s chameleon, which preys implementation of recovery and on the wild populations such that it on native insects and tree snails, has conservation methodologies. may be considered a significant threat to established populations in the wild on the species. all the main Hawaiian Islands. Jackson’s

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32056 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

D. The Inadequacy of Existing Maui (State of Hawaii 1999, H.A.R. 13– assessments, trains CBP personnel, Regulatory Mechanisms 123; HDLNR 2009, pp. 20–21). The conducts permitting and preclearance Inadequate Habitat Protection State’s management objectives for game inspections for products originating in animals range from maximizing public foreign countries, and maintains a pest Currently, there are no existing hunting opportunities (e.g., ‘‘sustained database that, again, has a focus on pests Federal, State, or local laws, treaties, or yield’’) in some areas to removal by of wide concern across the United States regulations that specifically conserve or State staff, or their designees, in other (HDOA 2009). The Service inspects protect the 40 species addressed in this areas (State of Hawaii, H.A.R. 13–123). arriving wildlife products, enforces the final rule, or adequately address the Thirty-four of the 37 plant species have injurious wildlife provisions of the threats described in this rule. Although populations in areas where terrestrial Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371 the State of Hawaii’s Plant Extinction habitat may be manipulated for game et seq.), and prosecutes CITES Prevention Program supports enhancement and game populations are violations. conservation of the plant species by maintained at prescribed levels using The State of Hawaii’s unique securing seeds or cuttings from the public hunting (HBMP 2008; State of biosecurity needs are not recognized by rarest and most critically endangered Hawaii, H.A.R. 13–123). Public hunting Federal import regulations. Under the native species for propagation, the areas are not fenced, and game USDA–APHIS–PPQ’s commodity risk program is nonregulatory and has not mammals have unrestricted access to assessments for plant pests, regulations yet been able to directly address broad- most areas across the landscape, are based on species considered threats scale threats to plants by invasive regardless of underlying land-use to the mainland United States and do species. designation. While fences are sometimes not address many species that could be The capacity of Federal and State built to protect areas from game pests in Hawaii (Hawaii Legislative agencies and their nongovernmental mammals, the current number and Reference Bureau (HLRB 2002; USDA– partners in Hawaii to mitigate the effects locations of fences are not adequate to APHIS–PPQ 2010; CGAPS 2009). of introduced pests, such as ungulates prevent habitat degradation and Interstate commerce provides the and weeds, is limited due to the large destruction for 37 of the 40 species, or pathway for invasive species and number of taxa currently causing the direct predation of 35 of the 37 plant commodities infested with non-federal damage (Coordinating Group on Alien species on Molokai, Lanai, and Maui quarantine pests to enter Hawaii. Pests Pest Species (CGAPS) 2009). Many (see Table 4). However, the State game of quarantine concern for Hawaii may invasive weeds established on Molokai, animal regulations are not designed nor be intercepted at Hawaiian ports by Lanai, and Maui have currently limited intended to provide habitat protection, Federal agents but are not always acted but expanding ranges and are of and there are no other regulations on by them because these pests are not concern. Resources available to reduce designed to address habitat protection regulated under Federal mandates. the spread of these species and counter from ungulates. Hence, Federal protection against pest their negative ecological effects are species of concern to Hawaii has limited. Control of established pests is Introduction of Nonnative Species historically been inadequate. It is largely focused on a few invasive Currently, four agencies are possible for the USDA to grant Hawaii species that cause significant economic responsible for inspection of goods protective exemptions under the or environmental damage to public and arriving in Hawaii (CGAPS 2009). The ‘‘Special Local Needs Rule,’’ when clear private lands. Comprehensive control of Hawaii Department of Agriculture and comprehensive arguments for both an array of invasive pests and (HDOA) inspects domestic cargo and agricultural and conservation issues are management to reduce disturbance vessels and focuses on pests of concern provided; however, this exemption regimes that favor certain invasive to Hawaii, especially insects or plant procedure operates on a case-by-case species remains limited in scope. If diseases not yet known to be present in basis and is extremely time-consuming current levels of funding and regulatory the State. The U.S. Department of to satisfy. Therefore, that avenue may support for invasive species control are Homeland Security-Customs and Border only provide minimal protection against maintained on Molokai, Lanai, and Protection (CBP) is responsible for the large diversity of foreign pests that Maui, the Service expects existing inspecting commercial, private, and negatively impact Hawaii. programs to continue to exclude or, on military vessels and aircraft and related Adequate staffing, facilities, and a very limited basis, control invasive cargo and passengers arriving from equipment for Federal and State pest species only in high-priority areas. foreign locations. CBP focuses on a wide inspectors and identifiers in Hawaii Threats from established pests (e.g., range of quarantine issues involving devoted to invasive species interdiction nonnative ungulates, weeds, and non-propagative plant materials are critical biosecurity gaps (HLRB invertebrates) are ongoing and expected (processed and unprocessed); wooden 2002; USDA–APHIS–PPQ 2010; CGAPS to continue into the future. packing materials, timber, and products; 2009). State laws have recently been internationally regulated commercial passed that allow the HDOA to collect Feral Ungulates species under the Convention on fees for quarantine inspection of freight Nonnative ungulates pose a major International Trade in Endangered entering Hawaii (e.g., Act 36 (2011) ongoing threat to 35 of the 37 plant Species of Wild Fauna and Flora H.R.S. 150A–5.3). Legislation enacted in species and 2 of the 3 tree snail (CITES); federally listed noxious seeds 2011 (H.B. 1568) requires commercial species—Partulina semicarninata and P. and plants; soil; and pests of concern to harbors and airports in Hawaii to variabilis—through destruction and the greater United States, such as pests provide biosecurity and to facilitate degradation of terrestrial habitat, and of mainland U.S. forests and agriculture. cargo inspections. The introduction of through direct predation of 35 of the The U.S. Department of Agriculture- new pests to the State of Hawaii is a plant species (see Table 4). The State of Animal and Plant Health Inspection significant risk to federally listed Hawaii provides game mammal (feral Service-Plant Protection and Quarantine species because the existing regulations pigs and goats, axis deer, and mouflon (USDA–APHIS–PPQ) inspects are inadequate for the reasons discussed sheep) hunting opportunities on 15 propagative plant material, provides in the sections below. State-designated public hunting areas identification services for arriving In 1995, CGAPS, a partnership on the islands of Molokai, Lanai, and plants and pests, conducts pest risk composed primarily of managers from

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32057

every major Federal, State, County, and they are specifically placed on a list of limited exceptions, if shipped from private agency and organization allowable species (HLRB 2002; CGAPS domestic ports (HLRB 2002; USDA– involved in invasive species work in 2010). The importation and interstate APHIS–PPQ 2010; CGAPS 2009). Hawaii, was formed in an effort to transport of invasive vertebrates is Hawaii’s plant import rules (H.A.R. 4– improve communication, increase federally regulated by the Service under 70) regulate the importation of 13 plant collaboration, and promote public the Lacey Act as ‘‘injurious wildlife’’ taxa of economic interest; regulated awareness (CGAPS 2009). This group (Fowler et al. 2007, pp. 353¥359); the crops include pineapple, sugarcane, facilitated the formation of the Hawaii current list of vertebrates considered as palms, and pines. Certain horticultural Invasive Species Council (HISC), which ‘‘injurious wildlife’’ is provided at 50 crops (e.g., orchids) may require import was created by gubernatorial executive CFR 16. The law in its current form has permits and have pre-entry order in 2002, to coordinate local limited effectiveness in preventing requirements that include treatment or initiatives for the prevention and invasive vertebrate introductions into quarantine or both either prior to or control of invasive species by providing the State of Hawaii because the list of following entry into the State. The State policy level direction and planning for vertebrates considered to be ‘‘injurious noxious weed list (H.A.R. 4–68) and the State departments responsible for wildlife’’ under the Lacey Act is USDA–APHIS–PPQ’s Restricted Plants invasive species issues. In 2003, the relatively limited. List restrict the import of a limited Governor signed into law Act 85, which Nonnative Invertebrate Species number of noxious weeds. If not conveys statutory authority to the HISC specifically prohibited, current Federal to continue to coordinate approaches Predation by nonnative invertebrate regulations allow plants to be imported among the various State and Federal pests (flatworms, slugs, snails) adversely from international ports with some agencies, and international and local impacts 26 of the plant species and the restrictions. The Federal Noxious Weed initiatives for the prevention and 3 tree snails addressed in this rule (see List (see 7 CFR 360.200) includes few of control of invasive species (HDLNR Table 4 and Factor C. Disease or the many globally known invasive 2003, p. 3–15; HISC 2009; H.R.S. 194– Predation, above). It is likely that the plants, and plants in general do not 2(a)). Some of the recent priorities for introduction of most nonnative require a weed risk assessment prior to the HISC include interagency efforts to invertebrate pests to the State has been importation from international ports. control nonnative species such as the and continues to be accidental and The USDA–APHIS–PPQ is in the plants Miconia calvescens (miconia) and incidental to other intentional and process of finalizing rules to include a permitted activities. The prevention and Cortaderia spp. (pampas grass), coqui weed risk assessment for newly control of introduction of pest species in frogs (Eleutherodactylus coqui), and imported plants. Although the State has Hawaii is the responsibility of Hawaii ants (HISC 2009). Since 2009, State general guidelines for the importation of State government and Federal agencies, funding for HISC has been cut by plants, and regulations are in place and is being voluntarily addressed by a approximately 50 percent (total funding regarding the plant crops mentioned few private organizations. Even though dropped from $4 million in fiscal year above, the intentional or inadvertent these agencies have regulations and (FY) 2009 to $2 million in FY 2010, and introduction of nonnative plants outside some controls in place (see above), the to $1.8 million for FY 2011 to FY 2013 the regulatory process and movement of introduction and movement of (Atwood 2012, in litt.; Atwood 2013, in species between islands and from one nonnative invertebrate pest species litt.). Congressional earmarks made up watershed to the next continues, and between islands and from one some of the shortfall in State funding in represents a threat to native flora for the watershed to the next continues. For 2010 and into 2011. These funds reasons described above. In addition, example, an average of 20 new alien supported ground crew staff that would government funding is inadequate to invertebrate species were introduced to otherwise have been laid off due to the provide for sufficient inspection Hawaii per year since 1970, an increase shortfall in State funding (Clark 2012, in services and monitoring. One study of 25 percent over the previous totals litt.). Following a 50 percent reduction concluded that the plant importation between 1930 and 1970 (TNCH 1992, p. from FY 2009 funding, the HISC budget laws virtually ensure new invasive 8). Existing regulatory mechanisms has remained relatively flat (i.e., State plants will be introduced via the therefore appear inadequate to funding is equal to funding provided in nursery and ornamental trade, and that ameliorate the threat of introductions of 2009) from FY 2010 to FY 2013 (Atwood outreach efforts cannot keep up with the nonnative invertebrates, and we have no 2013, in litt.). Current positions multitude of new invasive plants being evidence to suggest that any change to provided by HISC are fewer than those distributed. The author states the only this situation is anticipated in the supported in 2009; most of the positions thing that wide-scale public outreach future. have been lost through attrition and can do in this regard is to let the public have not been refilled (Atwood 2012, in Nonnative Plant Species know new invasive plants are still being litt.). In addition, HISC funds fewer Nonnative plants destroy and modify sold, and they should ask for projects and provides fewer services habitat throughout the ranges of 36 of noninvasive or native plants instead (Atwood 2012, in litt.; Clark 2012, in the 40 species being addressed in this (Martin 2007, in litt.). litt.) than in 2009 and earlier. Many final rule (see Table 4, above). As such, On the basis of the above information, projects (such as invasive species and they represent a serious and ongoing existing State and Federal regulatory biological control research) that were threat to each of these species. In mechanisms are not preventing previously funded by HISC are receiving addition, nonnative plants have been introduction of nonnative species into negligible HISC funding or remain shown to outcompete native plants and Hawaii via interstate and international unfunded (Atwood 2012, in litt.; Clark convert native-dominated plant mechanisms, or via intrastate movement 2012, in litt.). communities to nonnative plant of nonnative species between islands Nonnative Animal Species communities (See ‘‘Habitat Destruction and watersheds in Hawaii. Therefore, and Modification by Nonnative Plants,’’ State and Federal regulatory Vertebrate Species under Factor A, above). mechanisms do not adequately protect The State of Hawaii’s laws prohibit The State of Hawaii allows the the 40 species being addressed in this the importation of all animals unless importation of most plant taxa, with final rule from the threat of new

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32058 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

introductions of nonnative species or These problems are further magnified individuals of this species still remain, the continued expansion of nonnative when populations are few and restricted as potentially suitable habitat has not species populations on and between to a very small geographic area, and been searched. However, there are no islands and watersheds. Nonnative when the number of individuals in each tissues, propagules, or seeds in storage species may prey upon, modify or population is very small. Populations or propagation (Lammers 2004, pp. 84– destroy habitat of, or directly compete with these characteristics face an 85; TNC 2007). with one or more of the 40 species for increased likelihood of stochastic • Cyanea obtusa is susceptible to food, space, and other necessary extinction due to changes in predation by feral pigs, goats, axis deer, resources. The impacts from these demography, the environment, genetics, and cattle, and to direct destruction and introduced threats are ongoing and are or other factors (Gilpin and Soule´ 1986, habitat degradation and loss by fire expected to continue into the future. pp. 24–34). A single, stochastic event because the only two known individuals can result in the extinction of an entire of this species are not protected from Summary of Inadequacy of Existing species, if all the representatives of that direct predation by ungulates, or from Regulatory Mechanisms species are concentrated in a single area. fire (Lau 2001, in litt.; PEPP 2007, p. 40; Existing State and Federal regulatory In addition, small, isolated populations HBMP 2008; PEPP 2008, p. 55; Duvall mechanisms are not preventing the often exhibit reduced levels of genetic 2010, in litt.). introduction into Hawaii of nonnative variability, which diminishes the • Cyanea profuga and C. solanacea species or the spread of nonnative species’ capacity to adapt and respond are each known from fewer than five species between islands and to environmental changes, thereby scattered occurrences in the montane watersheds. Habitat-altering nonnative lessening the probability of long-term wet ecosystem. These two plant species plant species (Factor A) and predation persistence (e.g., Barrett and Kohn 1991, are susceptible to predation by by nonnative animal species (Factor C) p. 4; Newman and Pilson 1997, p. 361). nonnative pigs and goats, as well as pose a major ongoing threat to the 40 Very small, isolated populations are also habitat degradation or destruction by species being addressed in this final more susceptible to reduced these nonnative animals and by rule. Thirty-five of the 37 plant species reproductive vigor due to ineffective landslides, rock and tree falls, or experience threats from habitat pollination (plants), inbreeding flooding, or a combination of these degradation and loss by nonnative depression (plants and snails), and (HBMP 2008; PEPP 2009, pp. 23–24, 49– plants (Factor A), and all 37 plants hybridization (plants). The problems 58; Bakutis 2010, in litt.; Perlman 2010, experience threats from nonnative associated with small population size in litt.; Oppenheimer 2010a, in litt.; animals (Factor A and Factor C). All and vulnerability to random TNCH 2011, pp. 21, 57). three tree snail species experience demographic fluctuations or natural • Cyrtandra ferripilosa is known from threats from habitat degradation and catastrophes are further magnified by two disparate occurrences totaling only loss by nonnative plants (Newcombia synergistic interactions with other a few individuals that are not protected cumingi) or nonnative animals threats, such as those discussed above from direct predation by nonnative pigs (Partulina semicarinata and P. (see Factors A and C, above). and goats (Oppenheimer 2010f, in litt.; variabilis). The three tree snails Welton 2010b, in litt.). Plants experience threats from predation by • Festuca molokaiensis, known only nonnative animals (Factor C). Therefore, The following 20 plant species in this from its original collection location on we conclude these existing regulatory final rule face the threat of limited Molokai, has not been relocated for 2 mechanisms are inadequate to numbers (i.e., they total fewer than 50 years. Threats to this species include sufficiently reduce these threats to all 40 individuals in the wild): Cyanea habitat destruction or direct predation species. grimesiana ssp. grimesiana, C. horrida, by nonnative goats, nonnative plants, C. magnicalyx, C. maritae, C. mauiensis, and fire (Oppenheimer 2011a, pers. E. Other Natural or Manmade Factors C. munroi, C. obtusa, C. profuga, C. comm.). Affecting Their Continued Existence solanacea, Cyrtandra ferripilosa, • Historically known from lower Other factors that pose threats to some Festuca molokaiensis, Peperomia Waikamoi on east Maui, the or all of the 40 species include small subpetiolata, Phyllostegia bracteata, P. identification of wild individuals of numbers of individuals and small haliakalae, P. pilosa, Pittosporum Peperomia subpetiolata has not been numbers of populations, hybridization, halophilum, Schiedea jacobii, S. laui, confirmed since 2001, although hybrids lack of regeneration, and human Stenogyne kauaulaensis, and between this species and other species trampling as a result of hiking and other Wikstroemia villosa. We consider small of Peperomia are reported in this area activities. Each threat is discussed in population size to be a threat to these (HBMP 2008; NTBG 2009g, p. 2; detail below, along with identification species for the following reasons: Oppenheimer 2010a, in litt.; PEPP 2010, of which species are affected by these • Cyanea grimesiana ssp. grimesiana p. 96). threats. has not been observed since 1991 on • Only one individual of Phyllostegia Molokai (PEPP 2010, p. 45). bracteata was known as recently as Small Number of Individuals and • The only known wild occurrences 2009, but even this single individual Populations of Cyanea horrida, C. magnicalyx, C. was not relocated later in the same year. Species that are endemic to single maritae, and C. munroi are susceptible Botanists continue to search potentially islands are inherently more vulnerable to threats from habitat degradation or suitable habitat near the last known to extinction than are widespread loss by flooding, landslides, or tree falls, location for this ephemeral species species, because of the increased risk of or a combination of these, because of (NTBG 2009h, p. 3; PEPP 2009, pp. 89– genetic bottlenecks, random their locations in lowland wet, montane 90; Oppenheimer 2010c, in litt.). demographic fluctuations, climate wet, and wet cliff ecosystems (TNC • The last known wild individual of change effects, and localized 2007; TNCH 2010a; HBMP 2008; PEPP Phyllostegia haliakalae on Maui had catastrophes such as hurricanes, 2009, pp. 23–24, 49–58). died by 2010, although there are landslides, rockfalls, drought, and • The last confirmed observation of outplantings of this species near the disease outbreaks (Pimm et al. 1988, p. Cyanea mauiensis in the wild was over location of this individual. Botanists 757; Mangel and Tier 1994, p. 607). 100 years ago. Botanists believe continue to search potentially suitable

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32059

habitat on Maui for this species. • The only known wild populations Human Trampling and Hiking Phyllostegia haliakalae has not been of Newcombia cumingi, Partulina Human impacts, including trampling relocated on Molokai or Lanai for close semicarinata, and P. variabilis face by hikers, have been documented as a to 100 years (TNC 2007; HBMP 2008; serious threats from predation by threat to Cyanea maritae and Oppenheimer 2010c, in litt.; nonnative rats, Jackson’s chameleons, Wikstroemia villosa (Oppenheimer Oppenheimer 2011b, in litt.). and snails (Solem 1990, p. 35; Hadfield 2010o, in litt.; PEPP 2010, p. 51; Welton • The seven known individuals of 1986, p. 325; Hadfield et al. 1993, p. 2010b, in litt.) because individuals of Phyllostegia pilosa are not protected 611; Hadfield 2007, p. 9; Hadfield 2009, these species are found near climbing or from direct predation by feral pigs and p. 11; Hadfield and Saufler 2009, p. hiking trails. Individuals climbing and goats on Maui. This species has not 1595; Holland et al. 2010, p. 1,437). hiking off established trails could been observed on Molokai for over 100 • trample individual plants and years (TNC 2007; HBMP 2008). The number of individuals of • Pittosporum halophilum is known Partulina semicarinata and P. variabilis contribute to soil compaction and from three disparate locations, each has declined by approximately 50 erosion, preventing growth and with one to three individuals, on percent between 1993 and 2005 at establishment of seedlings Molokai and its offshore islets. These known locations (Hadfield 2005, p. (Oppenheimer 2010a, in litt.), as has individuals are not protected from 305). been observed with other native species predation by feral pigs or rats, or from (Wood 2001, in litt.; MLP 2005, p. 23). Hybridization the threat of fire (Wood 2005, pp. 2, 41; Conservation Efforts to Reduce Other Bakutis 2010, in litt.; Hobdy 2010, in Natural hybridization is a frequent Natural or Manmade Factors Affecting litt.; Perlman 2010, in litt.). phenomenon in plants and can lead to Its Continued Existence • The only known wild individuals of the formation of new species (Orians There are no approved HCPs, SHAs, Schiedea jacobii were likely destroyed 2000, p. 1,949), or sometimes to the CCAs, MOUs, or other voluntary actions by landslides because of their location decline of species through genetic that specifically address the threats to along wet cliffs between Hanawi Stream assimilation or ‘‘introgression’’ these 40 species from other natural or and Kuhiwa drainage in the montane (Ellstrand 1992, pp. 77, 81; Levin et al. manmade factors. The State’s PEP wet ecosystem on east Maui. The State 1996, pp. 10–16; Rhymer and Simberloff Program collects, propagates, or plans to outplant propagated 1996, p. 85). Hybridization, however, is outplants 14 plant species that are individuals in Hanawi Natural Area especially problematic for rare species addressed in this final rule (Cyanea Reserve in 2011 (Wagner et al. 1999j, p. that come into contact with species that asplenifolia, C. horrida, C. magnicalyx, 286; HBMP 2008; Oppenheimer 2010a, are abundant or more common (Rhymer C. maritae, C. munroi, C. profuga, C. in litt.; Perlman 2010, in litt.). • The 24 to 34 individuals of and Simberloff 1996, p. 83). We solanacea, Phyllostegia haliakalae, P. Schiedea laui are facing imminent consider hybridization to adversely pilosa, Pittosporum halophilum, threats from flooding and landslides impact four species in this final rule Schiedea jacobii, S. laui, Stenogyne because of their location in a grotto because it may lead to extinction of one kauaulaensis, and Wikstroemia villosa) (HBMP 2008; Bakutis 2010, in litt.). or both of the original genotypically (PEPP 2011, pp. 75, 166, 191; PEPP • Stenogyne kauaulaensis is only distinct species. Hybrids have been 2012, pp. 6, 13, 34–36, 66–70, 73–81, known from three individuals. These reported between Bidens campylotheca 150, 159–160). While these actions are plants face imminent threats from ssp. pentamera and B. campylotheca a step toward increasing the overall landslides and rockfalls because of their ssp. waihoiensis, two subspecies in this numbers and populations of these location on steep slopes, and from rule that occur in close proximity on species in the wild, these actions are drought and fire in the montane mesic east Maui. In addition, on east Maui, the insufficient to eliminate the threat of ecosystem on west Maui (Wood and species Cyanea obtusa is known from limited numbers to the 14 plant species Oppenheimer 2008, pp. 544–545; two individuals, but only hybrids because the actions are relatively recent Oppenheimer 2010a, in litt.). between C. obtusa and the more (i.e., in the last few years) and • Wikstroemia villosa is known only abundant C. elliptica are known on west successful reproduction and from a single occurrence, with two Maui. Furthermore, the current status of replacement of outplanted individuals individuals (Peterson 1999, p. 1,291; the species Peperomia subpetiolata is by seedlings, juveniles, and adults has TNC 2007; HBMP 2008; Oppenheimer unknown because only hybrids between not yet been observed in the wild. We 2010a, in litt.). P. subpetiolata and P. cookiana, and are unaware of any voluntary conservation actions to address the Tree Snails perhaps P. hertapetiola, are known from its historically reported locations on threat to four plant species from Like most native island biota, the east Maui. hybridization, the threat of lack of endemic Hawaiian tree snails are regeneration to Pleomele fernaldii, or particularly sensitive to disturbances Regeneration the threat from human trampling to due to low population numbers and Cyanea maritae and Wikstroemia small geographic ranges (Hadfield et al. Lack of, or low levels of, regeneration villosa. 1993, p. 610). We consider the three tree (reproduction and recruitment) in the The State’s University of Hawaii snail species at risk of decline and wild has been observed and is a threat receives funding from the Service and extinction due to threats associated with to Pleomele fernaldii (Oppenheimer other sources to propagate and maintain low numbers of individuals and 2010a, in litt.). Although there are in captivity the two Lanai tree snails, populations because: currently approximately several Partulina semicarinata and P. variabilis, • Newcombia cumingi is known only hundred to 1,000 individuals, very little and Newcomb’s tree snail (Newcombia from a single wild population of one recruitment has been observed at the cumingi). While these actions appear to individual and has not been known locations over the past 10 years be a step toward increasing the overall successfully maintained in captivity (Oppenheimer 2008d, in litt.). The numbers of these species in captivity, (Hadfield 2007, pp. 2, 8; Hadfield 2008, reasons for this are not clearly both Lanai tree snail species appear to p. 10; Higashino 2013, in litt.). understood. be declining in captivity and

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32060 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

individuals of Newcomb’s tree snail do because hybrids are reported between existence, which are ongoing and not survive long in captivity (Hadfield these species and other, more abundant expected to continue into the future 2008, p. 1–11; Hadfield 2010, pers. species, and no efforts are being throughout their ranges, from the comm.; Hadfield 2011, pers. comm.) implemented in the wild to prevent present destruction and modification of (see Disease or Predation, above). potential hybridizations. In addition, we their habitats, primarly from nonnative consider the threat to Pleomele fernaldii Summary of Other Natural or Manmade feral ungulates and nonnative plants. from lack of regeneration to be ongoing Factors Affecting Their Continued Thirteen of the plant species (Bidens and to continue into the future because Existence campylotheca ssp. pentamera, the reasons for the lack of recruitment Canavalia pubescens, Cyanea The conservation measures described in the wild are unknown and magnicalyx, C. mauiensis, C. obtusa, above are insufficient to eliminate the uncontrolled, and any competition from Festuca molokaiensis, Phyllostegia threat from other natural or manmade nonnative plants or habitat modification bracteata, P. haliakalae, Pittosporum factors to each of the 40 species by ungulates or fire, or predation by halophilum, Pleomele fernaldii, addressed in this final rule. We consider ungulates or rats, could lead to the Santalum haleakalae var. lanaiense, the limited numbers of populations and extirpation of this species. Also, Schiedea salicaria, and Stenogyne few individuals (less than 50) to be a ongoing human activities (e.g., kauaulaensis) experience threats from serious and ongoing threat to 20 of the trampling and hiking) are a threat to habitat destruction and modification 37 plant species in this final rule Cyanea maritae and Wikstroemia villosa from fire, and 16 plant species (Bidens (Cyanea grimesiana ssp. grimesiana, C. and are expected to continue into the campylotheca ssp. waihoiensis, Cyanea horrida, C. magnicalyx, C. maritae, C. future because field biologists have asplenifolia, C. duvalliorum, C. mauiensis, C. munroi, C. obtusa, C. reported trampling of vegetation near grimesiana ssp. grimesiana, C. horrida, profuga, C. solanacea, Cyrtandra populations of Cyanea maritae and the C. magnicalyx, C. maritae, C. mauiensis, ferripilosa, Festuca molokaiensis, two remaining wild individuals of C. munroi, C. profuga, C. solanacea, Peperomia subpetiolata, Phyllostegia Wikstroemia villosa, and the effects of Cyrtandra filipes, Schiedea jacobii, S. bracteata, P. haliakalae, P. pilosa, these activities could lead to injury and laui, Stenogyne kauaulaensis, and Pittosporum halophilum, Schiedea death of individual plants, potentially Wikstroemia villosa) experience threats jacobii, S. laui, Stenogyne kauaulaensis, resulting in extirpation from the wild. from habitat destruction and and Wikstroemia villosa) because: (1) Summary of Factors modification from landslides, rockfalls, These species may experience reduced treefalls, or flooding. The plants reproductive vigor due to ineffective The primary factors that pose serious Canavalia pubescens, Cyanea horrida, pollination or inbreeding depression; (2) and ongoing threats to one or more of Festuca molokaiensis, Schiedea jacobii, they may experience reduced levels of the 40 species throughout their ranges S. salicaria, and Stenogyne genetic variability, leading to in this final rule include: Habitat kauaulaensis, as well as the tree snails diminished capacity to adapt and degradation and destruction by Newcombia cumingi, Partulina respond to environmental changes, agriculture and urbanization, nonnative semicarinata, and P. variabilis, thereby lessening the probability of ungulates and plants, fire, natural experience threats from habitat loss or long-term persistence; and (3) a single disasters, and climate change, and the degradation due to drought. All 40 catastrophic event may result in interaction of these threats (Factor A); species experience threats from the extirpation of remaining populations overutilization due to collection of the and extinction of the species. This three tree snail species for trade or destruction and modification of their threat applies to the entire range of each market (Factor B); predation by habitats from hurricanes, although their species. nonnative animal species (pigs, goats, occurrence is not predictable. In The threat to the three tree snails axis deer, mouflon sheep, cattle, rats, addition, we are concerned about the Newcombia cumingi, Partulina Jackson’s chameleon, slugs, snails, and effects of projected climate change on semicarinata, and P. variabilis from flatworms) (Factor C); inadequate all species, particularly rising limited numbers of populations and regulatory mechanisms to address the temperatures, but recognize there is individuals is ongoing and is expected threats posed by nonnative species limited information on the exact nature to continue into the future because: (1) (Factor D); and limited numbers of of impacts that these species may These species may experience reduced populations and individuals, experience (Factor A). reproductive vigor due to inbreeding hybridization, lack of regeneration, and Overcollection for commercial and depression; (2) they may experience ongoing human activities (e.g., recreational purposes poses a serious reduced levels of genetic variability trampling and hiking) (Factor E). While potential threat to all three tree snail leading to diminished capacity to adapt we acknowledge the voluntary species (Factor B). Predation and and respond to environmental changes, conservation measures described above herbivory on all 37 plant species by thereby lessening the probability of may help to ameliorate one or more of feral pigs, goats, cattle, axis deer, long-term persistence; and (3) a single the threats to the 40 species addressed mouflon, rats, and slugs poses a serious catastrophic event (e.g., hurricane, in this final rule, these conservation and ongoing threat, as does predation of drought) may result in extirpation of measures are insufficient to control or all three tree snail species (N. cumingi, remaining populations and extinction of eradicate these threats from all areas P. semicarinata, and P. variabilis) by these species. The limited distribution where these species occur now or rats, nonnative snails, and potentially of these three species thus compounds occurred historically. Jackson’s chameleon (Factor C). Existing the severity of the impact of the other regulatory mechanisms are inadequate threats discussed in this final rule. Determination to reduce current and ongoing threats In addition, the threat to Bidens We have carefully assessed the best posed by nonnative plants and animals campylotheca ssp. pentamera, B. scientific and commercial data available to all 40 species (Factor D). There are campylotheca ssp. waihoiensis, Cyanea regarding the past, present, and future current and ongoing threats to 20 plant obtusa, and Peperomia subpetiolata threats to each of the 40 Maui Nui species (Cyanea grimesiana ssp. from hybridization is ongoing and species. We find that all of these species grimesiana, C. horrida, C. magnicalyx, expected to continue into the future face significant threats to their C. maritae, C. mauiensis, C. munroi, C.

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32061

obtusa, C. profuga, C. solanacea, Phyllostegia bracteata, Phyllostegia Recovery planning includes the Cyrtandra ferripilosa, Festuca haliakalae, Phyllostegia pilosa, development of a recovery outline molokaiensis, Peperomia subpetiolata, Pittosporum halophilum, Pleomele shortly after a species is listed, Phyllostegia bracteata, P. haliakalae, P. fernaldii, Santalum haleakalae var. preparation of a draft and final recovery pilosa, Pittosporum halophilum, lanaiense, Schiedea jacobii, Schiedea plan, and revisions to the plan as Schiedea jacobii, S. laui, Stenogyne laui, Schiedea salicaria, Stenogyne significant new information becomes kauaulaensis, and Wikstroemia villosa) kauaulaensis, and Wikstroemia villosa; available. The recovery outline guides and the three tree snails due to factors and the tree snails Newcombia cumingi, the immediate implementation of urgent associated with small numbers of Partulina semicarinata, and Partulina recovery actions and describes the populations and individuals; to Bidens variabilis. process to be used to develop a recovery campylotheca ssp. pentamera, B. Under the Act and our implementing plan. The recovery plan identifies site- campylotheca ssp. waihoiensis, Cyanea regulations, a species may warrant specific management actions that will obtusa, and Peperomia subpetiolata listing if it is endangered or threatened achieve recovery of the species, from hybridization; to Pleomele throughout all or a significant portion of measurable criteria that help to fernaldii from the lack of regeneration in its range. Each of the 40 endemic Maui determine when a species may be the wild; and to Cyanea maritae and Nui species in this final rule is highly downlisted or delisted, and methods for Wikstroemia villosa from hiking and restricted in its range, and the threats monitoring recovery progress. Recovery trampling (Factor E) (see Table 4). These occur throughout its range. Therefore, plans also establish a framework for threats are exacerbated by these species’ we assessed the status of each species agencies to coordinate their recovery inherent vulnerability to extinction from throughout its entire range. In each case, efforts and provide estimates of the cost stochastic events at any time because of the threats to the survival of these of implementing recovery tasks. their endemism, small numbers of species occur throughout the species’ Recovery teams (composed of species individuals and populations, and range and are not restricted to any experts, Federal and State agencies, restricted habitats. particular portion of that range. non-government organizations, and The Act defines an endangered Accordingly, our assessment and stakeholders) are often established to develop recovery plans. When species as any species that is ‘‘in danger determination applies to each species completed, the recovery outlines, draft of extinction throughout all or a throughout its entire range. recovery plans, and the final recovery significant portion of its range’’ and a Available Conservation Measures plans will be available from our Web threatened species as any species ‘‘that site (http://www.fws.gov/endangered), is likely to become endangered Conservation measures provided to or from our Pacific Islands Fish and throughout all or a significant portion of species listed as endangered or Wildlife Office (see FOR FURTHER its range within the foreseeable future.’’ threatened under the Act include recognition, recovery actions, INFORMATION CONTACT). We find that each of these endemic Implementation of recovery actions requirements for Federal protection, and species is presently in danger of generally requires the participation of a prohibitions against certain activities. extinction throughout its entire range, broad range of partners, including other Recognition through listing results in based on the immediacy, severity, and Federal agencies, States, public awareness and conservation by scope of the threats described above. nongovernmental organizations, Federal, State, and local agencies, Based on our analysis, we have no businesses, and private landowners. reason to believe that population trends private organizations, and individuals. Examples of recovery actions include for any of the species addressed in this The Act encourages cooperation with habitat restoration (e.g., restoration of final rule will improve, nor will the the States and requires that recovery native vegetation, control of nonnative negative impacts of current threats actions be carried out for all listed plants), management of threats from acting on the species be effectively species. The protection measures predation (e.g., feral ungulate control, ameliorated in the future. Therefore, on required of Federal agencies and the rat control), research, captive the basis of the best available scientific prohibitions against certain activities propagation and reintroduction, and and commercial data, we are listing, involving listed animals and plants are outreach and education. The recovery of or—in the case of Cyanea grimesiana discussed, in part, below. many listed species cannot be ssp. grimesiana and Santalum The primary purpose of the Act is the accomplished solely on Federal lands haleakalae var. lanaiense—reaffirming conservation of endangered and because their range may occur primarily the listing of, the following 40 species threatened species and the ecosystems or solely on non-Federal lands. To as endangered in accordance with upon which they depend. The ultimate achieve recovery of these species section 3(6) of the Act: the plants Bidens goal of such conservation efforts is the requires cooperative conservation efforts campylotheca ssp. pentamera, Bidens recovery of these listed species, so that on private and State lands. campylotheca ssp. waihoiensis, Bidens they no longer need the protective Funding for recovery actions may be conjuncta, Calamagrostis hillebrandii, measures of the Act. Subsection 4(f) of available from a variety of sources, Canavalia pubescens, Cyanea the Act requires the Service to develop including Federal budgets, State asplenifolia, Cyanea duvalliorum, and implement recovery plans for the programs, and cost share grants for non- Cyanea grimesiana ssp. grimesiana, conservation of endangered and Federal landowners, the academic Cyanea horrida, Cyanea kunthiana, threatened species. The recovery community, and nongovernmental Cyanea magnicalyx, Cyanea maritae, planning process involves the organizations. In addition, under section Cyanea mauiensis, Cyanea munroi, identification of actions that are 6 of the Act, the State of Hawaii will be Cyanea obtusa, Cyanea profuga, Cyanea necessary to halt or reverse the species’ eligible for Federal funds to implement solanacea, Cyrtandra ferripilosa, decline by addressing the threats to its management actions that promote the Cyrtandra filipes, Cyrtandra oxybapha, survival and recovery. The goal of this protection and recovery of the 40 Festuca molokaiensis, Geranium process is to restore listed species to a species. Information on our grant hanaense, Geranium hillebrandii, point where they are secure, self- programs that are available to aid Mucuna sloanei var. persericea, Myrsine sustaining, and functioning components species recovery can be found at: vaccinioides, Peperomia subpetiolata, of their ecosystems. http://www.fws.gov/grants.

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32062 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

Please let us know if you are ship in interstate commerce in the (2) Activities that take or harm the interested in participating in recovery course of commercial activity, or sell or three tree snail species by causing efforts for these listed species. offer for sale in interstate or foreign significant habitat modification or Additionally, we invite you to submit commerce any listed wildlife species. It degradation such that it causes actual any new information on these species is also illegal to possess, sell, deliver, injury by significantly impairing whenever it becomes available and any carry, transport, or ship any such essential behavioral patterns. This may information you may have for recovery wildlife that has been taken illegally. In include introduction of nonnative planning purposes (see FOR FURTHER addition, for plants listed as species that compete with or prey upon INFORMATION CONTACT). endangered, the Act prohibits the the three species of tree snails or the Section 7(a) of the Act, as amended, malicious damage or destruction on unauthorized release of biological requires Federal agencies to evaluate areas under Federal jurisdiction and the control agents that attack any life stage their actions with respect to any species removal, cutting, digging up, or of these three species; and that is proposed or listed as endangered damaging or destroying of such plants (3) Damaging or destroying any of the or threatened with respect to its critical in knowing violation of any State law or 37 listed plants in violation of the habitat, if any is designated. Regulations regulation, including State criminal Hawaii State law prohibiting the take of implementing this interagency trespass law. Certain exceptions to the listed species. cooperation provision of the Act are prohibitions apply to agents of the Questions regarding whether specific codified at 50 CFR part 402. Section Service and State conservation agencies. 7(a)(1) of the Act mandates that all activities would constitute a violation of We may issue permits to carry out section 9 of the Act should be directed Federal agencies shall utilize their otherwise prohibited activities authorities in furtherance of the to the Pacific Islands Fish and Wildlife involving endangered or threatened Office (see FOR FURTHER INFORMATION purposes of the Act by carrying out wildlife and plant species under certain programs for the conservation of CONTACT). Requests for copies of the circumstances. Regulations governing regulations concerning listed species endangered and threatened species permits are codified at 50 CFR 17.22 listed under section 4 of the Act. and general inquiries regarding and 17.62 for endangered species. With prohibitions and permits may be Section 7(a)(2) of the Act requires regard to endangered wildlife, a permit Federal agencies to ensure that activities addressed to the U.S. Fish and Wildlife must be issued for the following Service, Pacific Region, Ecological they authorize, fund, or carry out are not purposes: For scientific purposes, to likely to jeopardize the continued Services, Endangered Species Permits, enhance the propagation and survival of Eastside Federal Complex, 911 NE. 11th existence of a listed species or result in the species, and for incidental take in destruction or adverse modification of Avenue, Portland, OR 97232–4181 connection with otherwise lawful (telephone 503–231–6131; facsimile critical habitat. If a Federal action may activities. With regard to endangered affect the continued existence of a listed 503–231–6243). plants, a permit must be issued for the species or its critical habitat, the The State of Hawaii’s endangered following purposes: For scientific responsible Federal agency must enter species law (HRS, Section 195–D) is purposes or for the enhancement of into consultation with the Service. automatically invoked when a species is propagation or survival. Requests for For the 40 plants and animals listed listed, and provides supplemental copies of the regulations regarding listed or reaffirmed as endangered in this final protection, including prohibiting take of species and inquiries about prohibitions rule, Federal agency actions that may these species and encouraging and permits may be addressed to U.S. require consultation as described in the conservation by State government Fish and Wildlife Service, Pacific preceding paragraph include, but are agencies. Further, the State may enter Region, Ecological Services, Eastside not limited to, actions within the into agreements with Federal agencies Federal Complex, 911 NE. 11th Avenue, jurisdiction of the Natural Resources to administer and manage any area Portland, OR 97232–4181 (telephone Conservation Service (NRCS), the U.S. required for the conservation, 503–231–6131; facsimile 503–231– Army Corps of Engineers, the U.S. Fish management, enhancement, or 6243). and Wildlife Service, and branches of protection of endangered species (H.R.S. It is our policy, as published in the the Department of Defense (DOD). 195D–5). Funds for these activities Federal Register on July 1, 1994 (59 FR Examples of these types of actions could be made available under section 34272), to identify to the maximum include activities funded or authorized 6 of the Act (Cooperation with the extent practicable at the time a species under the Farm Bill Program, States). Thus, the Federal protection is listed, those activities that would or Environmental Quality Incentives afforded to listed species is reinforced would not constitute a violation of Program, Ground and Surface Water and supplemented by protection under section 9 of the Act. The intent of this Conservation Program, Clean Water Act State law. (33 U.S.C. 1251 et seq.), Partners for policy is to increase public awareness of Fish and Wildlife Program, and DOD the effect of a listing on proposed and Required Determinations ongoing activities within the range of a construction activities related to National Environmental Policy Act listed species. The following activities training or other military missions. (NEPA) The Act and its implementing could potentially result in a violation of regulations set forth a series of general section 9 of the Act; this list is not We have determined that prohibitions and exceptions that apply comprehensive: environmental assessments and to all endangered wildlife and plants. (1) Unauthorized collecting, handling, environmental impact statements, as The prohibitions, codified at 50 CFR possessing, selling, delivering, carrying, defined under the authority of the 17.21 and 17.61, apply. These or transporting of the species, including National Environmental Policy Act prohibitions, in part, make it illegal for import or export across State lines and (NEPA; 42 U.S.C. 4321 et seq.), need not any person subject to the jurisdiction of international boundaries, except for be prepared in connection with listing the United States to take (includes properly documented antique a species as an endangered or harass, harm, pursue, hunt, shoot, specimens of these taxa at least 100 threatened species under the wound, kill, trap, capture, or collect; or years old, as defined by section 10(h)(1) Endangered Species Act. We published to attempt any of these), import, export, of the Act; a notice outlining our reasons for this

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32063

determination in the Federal Register List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. on October 25, 1983 (48 FR 49244). 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Endangered and threatened species, 625, 100 Stat. 3500; unless otherwise noted. References Cited Exports, Imports, Reporting and recordkeeping requirements, ■ 2. Amend § 17.11(h), the List of A complete list of references cited in Transportation. Endangered and Threatened Wildlife, by this rule is available on the Internet at adding entries for ‘‘Snail, Lanai tree’’ http://www.regulations.gov under Regulation Promulgation (Partulina semicarinata), ‘‘Snail, Lanai Docket No. FWS–R1–ES–2011–0098 and Accordingly, we amend part 17, tree’’ (Partulina variabilis), and ‘‘Snail, upon request from the Pacific Islands subchapter B of chapter I, title 50 of the Newcomb’s tree’’ (Newcombia cumingi), Fish and Wildlife Office (see Code of Federal Regulations, as set forth in alphabetical order under SNAILS, to ADDRESSES, above). below: read as follows: Authors PART 17—AMENDED § 17.11 Endangered and threatened The primary authors of this document wildlife. are the staff members of the Pacific ■ 1. The authority citation for Part 17 * * * * * Islands Fish and Wildlife Office. continues to read as follows: (h) * * *

Species Vertebrate population Historic where Status When Critical Special Common name Scientific name range endangered or listed habitat rules threatened

******* SNAILS

******* Snail, Lanai tree ...... Partulina semicarinata ... U.S.A. (HI) ...... NA ...... E ...... 815 NA ...... NA Snail, Lanai tree ...... Partulina variabilis ...... U.S.A. (HI) ...... NA ...... E ...... 815 NA ...... NA

******* Snail, Newcomb’s tree ...... Newcombia cumingi ...... U.S.A. (HI) ...... NA ...... E ...... 815 NA ...... NA

*******

■ 3. Amend § 17.12(h), the List of Canavalia pubescens, Cyanea haliakalae, Phyllostegia pilosa, Endangered and Threatened Plants, as asplenifolia, Cyanea duvalliorum, Pittosporum halophilum, Pleomele follows: Cyanea horrida, Cyanea kunthiana, fernaldii, Santalum haleakalae var. ■ a. By removing the entries for Gahnia Cyanea magnicalyx, Cyanea maritae, lanaiense, Schiedea jacobii, Schiedea lanaiensis and Santalum freycinetianum Cyanea mauiensis, Cyanea munroi, laui, Schiedea salicaria, Stenogyne var. lanaiense under FLOWERING Cyanea obtusa, Cyanea profuga, Cyanea kauaulaensis, and Wikstroemia villosa PLANTS; solanacea, Cyrtandra ferripilosa, in alphabetical order under ■ b. By revising the entry for Cyanea Cyrtandra filipes, Cyrtandra oxybapha, FLOWERING PLANTS, to read as grimesiana ssp. grimesiana under Festuca molokaiensis, Geranium follows: FLOWERING PLANTS; and ■ hanaense, Geranium hillebrandii, c. By adding entries for Bidens § 17.12 Endangered and threatened plants. campylotheca ssp. pentamera, Bidens Mucuna sloanei var. persericea, Myrsine campylotheca ssp. waihoiensis, Bidens vaccinioides, Peperomia subpetiolata, * * * * * conjuncta, Calamagrostis hillebrandii, Phyllostegia bracteata, Phyllostegia (h) * * *

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

FLOWERING PLANTS

******* Bidens campylotheca ssp. Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E ...... 815 NA ...... NA pentamera.

******* Bidens campylotheca ssp. Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E ...... 815 NA ...... NA waihoiensis.

******* Bidens conjuncta ...... Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E ...... 815 NA ...... NA

******* Calamagrostis hillebrandii ...... None ...... U.S.A. (HI) ...... Poaceae ...... E ...... 815 NA ...... NA

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32064 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations

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

******* Canavalia pubescens ...... Awikiwiki ...... U.S.A. (HI) ...... Fabaceae ...... E ...... 815 NA ...... NA

******* Cyanea asplenifolia ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea duvalliorum ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea grimesiana ssp. Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 592, 17.99(c), (e)(1), NA grimesiana. 815 and (i).

******* Cyanea horrida ...... Haha nui ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea kunthiana ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea magnicalyx ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea maritae ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea mauiensis ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea munroi ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea obtusa ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea profuga ...... Haha ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyanea solanacea ...... Popolo ...... U.S.A. (HI) ...... Campanulaceae E ...... 815 NA ...... NA

******* Cyrtandra ferripilosa ...... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae .... E ...... 815 NA ...... NA

******* Cyrtandra filipes ...... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae .... E ...... 815 NA ...... NA

******* Cyrtandra oxybapha ...... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae .... E ...... 815 NA ...... NA

******* Festuca molokaiensis ...... None ...... U.S.A. (HI) ...... Poaceae ...... E ...... 815 NA ...... NA

******* Geranium hanaense ...... Nohoanu ...... U.S.A. (HI) ...... Geraniaceae ...... E ...... 815 NA ...... NA

******* Geranium hillebrandii ...... Nohoanu ...... U.S.A. (HI) ...... Geraniaceae ...... E ...... 815 NA ...... NA

******* Mucuna sloanei var. persericea Sea bean ...... U.S.A. (HI) ...... Fabaceae ...... E ...... 815 NA ...... NA

******* Myrsine vaccinioides ...... Kolea ...... U.S.A. (HI) ...... Myrsinaceae ...... E ...... 815 NA ...... NA

******* Peperomia subpetiolata ...... Alaala wai nui ...... U.S.A. (HI) ...... Piperaceae ...... E ...... 815 NA ...... NA

******* Phyllostegia bracteata ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E ...... 815 NA ...... NA

******* Phyllostegia haliakalae ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E ...... 815 NA ...... NA

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32065

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

******* Phyllostegia pilosa ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E ...... 815 NA ...... NA

******* Pittosporum halophilum ...... Hoawa ...... U.S.A. (HI) ...... Pittosporaceae ... E ...... 815 NA ...... NA

******* Pleomele fernaldii ...... Hala pepe ...... U.S.A. (HI) ...... Asparagaceae ... E ...... 815 NA ...... NA

******* Santalum haleakalae var. Lanai sandalwood or U.S.A. (HI) ...... Santalaceae ...... E ...... 215, NA ...... NA lanaiense. iliahi. 815

******* Schiedea jacobii ...... None ...... U.S.A. (HI) ...... Caryophyllaceae E ...... 815 NA ...... NA

******* Schiedea laui ...... None ...... U.S.A. (HI) ...... Caryophyllaceae E ...... 815 NA ...... NA

******* Schiedea salicaria ...... None ...... U.S.A. (HI) ...... Caryophyllaceae E ...... 815 NA ...... NA

******* Stenogyne kauaulaensis ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E ...... 815 NA ...... NA

******* Wikstroemia villosa ...... Akia ...... U.S.A. (HI) ...... Thymelaeaceae E ...... 815 NA ...... NA

* * * * * Dated: May 14, 2013. Stephen Guertin, Deputy Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–12105 Filed 5–24–13; 8:45 am] BILLING CODE 4310–55–P

VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00053 Fmt 4701 Sfmt 9990 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2