53108 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

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

******* Cyrtandra viridiflora ...... Ha'iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfrican E 591 NA NA violet.

******* Delissea subcordata ...... 'Oha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Eragrostis fosbergii ...... None ...... U.S.A. (HI) ...... PoaceaeÐGrass ...... E 591 NA NA

******* Gardenia mannii ...... Nanu ...... U.S.A. (HI) ...... RubiaceaeÐCoffee ...... E 591 NA NA

******* Labordia cyrtandrae ...... Kamakahala U.S.A. (HI) ...... LoganiaceaeÐLogania .... E 591 NA NA

******* Lepidium arbuscula ...... 'Anaunau ..... U.S.A. (HI) ...... BrassicaceaeÐMustard ... E 591 NA NA

******* Lobelia gaudichaudii ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Lobelia monostachya ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Melicope saint-johnii ...... Alani ...... U.S.A. (HI) ...... RutaceaeÐRue ...... E 591 NA NA

******* Myrsine juddii ...... Kolea ...... U.S.A. (HI) ...... MyrsinaceaeÐMyrsine ..... E 591 NA NA

******* Phyllostegia hirsuta ...... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 591 NA NA

******* Phyllostegia kaalaensis ...... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 591 NA NA

******* Pritchardia kaalae ...... Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ...... E 591 NA NA

******* Schiedea kealiae ...... None ...... U.S.A. (HI) ...... CaryophyllaceaeÐPink .... E 591 NA NA

******* Trematolobelia singularis ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Viola oahuensis ...... None ...... U.S.A. (HI) ...... ViolaceaeÐViolet ...... E 591 NA NA

*******

Dated: September 24, 1996. 50 CFR Part 17 SUMMARY: The U.S. Fish and Wildlife John G. Rogers, Service (Service) determines RIN 1018±AD58 Acting Director, Fish and Wildlife Service. endangered status pursuant to the [FR Doc. 96–25557 Filed 10–9–96; 8:45 am] Endangered Species Act of 1973, as Endangered and Threatened Wildlife amended (Act), for 13 plant taxa— BILLING CODE 4310±55±P and Plants; Determination of Achyranthes mutica (No common name Endangered or Threatened Status for (NCN)), Cenchrus agrimonioides Fourteen Plant Taxa From the (kamanomano), Cyanea grimesiana ssp. Hawaiian Islands grimesiana (haha), Cyperus AGENCY: Fish and Wildlife Service, trachysanthos (pu‘uka‘a), Euphorbia Interior. haeleeleana (NCN), Isodendrion laurifolium (aupaka), Panicum ACTION: Final rule. niihauense (lau ‘ehu), Phyllostegia Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53109 parviflora (NCN), Platanthera holochila Federal protection provisions provided SUPPLEMENTARY INFORMATION: (NCN), Sanicula purpurea (NCN), by the Act. Background Schiedea hookeri (NCN), Schiedea EFFECTIVE DATE: kauaiensis (NCN), and Schiedea This rule takes effect Achyranthes mutica, Cenchrus nuttallii (NCN). The Service also November 12, 1996. agrimonioides, Cyanea grimesiana ssp. determines threatened status for ADDRESSES: The complete file for this grimesiana, Cyperus trachysanthos, Isodendrion longifolium (aupaka). The rule is available for inspection, by Euphorbia haeleeleana, Isodendrion 14 taxa are endemic to the Hawaiian appointment, during normal business laurifolium, Isodendrion longifolium, Islands and are now known from one or hours at the U.S. Fish and Wildlife Panicum niihauense, Phyllostegia more of the following Hawaiian Service, Pacific Islands Office, 300 Ala parviflora, Platanthera holochila, Islands—Niihau, Kauai, Oahu, Molokai, Moana Boulevard, Room 3108, P.O. Box Sanicula purpurea, Schiedea hookeri, Lanai, Maui, and Hawaii. The 14 plant 5088, Honolulu, Hawaii 96850. Schiedea kauaiensis, and Schiedea taxa and their habitats have been nuttallii are, or were, known from 10 variously affected or are currently FOR FURTHER INFORMATION CONTACT: Hawaiian Islands—Laysan, Midway, threatened by one or more of the Brooks Harper, Field Supervisor, Kure, Niihau, Kauai, Oahu, Molokai, following—competition, predation or Ecological Services, Pacific Islands Lanai, Maui, and Hawaii. The current habitat degradation from alien species, Ecoregion (see ADDRESSES section) and historical distribution by island is human impacts, fire, and natural (telephone: 808/541–3441; facsimile: presented in Table 1 for each of the 14 disasters. This final rule implements the 808/541–3470). taxa.

TABLE 1. SUMMARY OF ISLAND DISTRIBUTION OF THE TAXA

Hawaiian Island Species Kure Maui Laysan Niihau Kauai Oahu Molokai Lanai Maui Hawaii

Achyranthes mutica ...... H ...... C Cenchrus agrimonioides ...... H H H ...... C ...... H C H? Cyanea grimesiana ssp. grimesiana ...... C C C C ...... Cyperus trachysanthos ...... C C C H H ...... Euphorbia haeleeleana ...... C C ...... Isodendrion laurifolium ...... C C ...... Isodendrion longifolium ...... C C ...... Panicum niihauense ...... H C ...... Phyllostegia parviflora ...... C ...... H H Platanthera holochila ...... C H C ...... C ...... Sanicula purpurea ...... C ...... C ...... Schiedea hookeri ...... C ...... H ...... Schiedea kauaiensis ...... C ...... Schiedea nuttallii ...... C C ...... Key: CÐcurrent; population last observed within the past 20 years. HÐhistorical; population not seen for over 20 years. ?Ðquestionable locality or inconsistent information in sources.

The Hawaiian archipelago includes basaltic portions of many of the north The climate of the Hawaiian Islands eight large volcanic islands (Niihau, westernmost islands (such as Laysan, reflects the tropical setting buffered by Kauai, Oahu, Molokai, Lanai, Midway, and Kure) are entirely the surrounding ocean (Department of Kahoolawe, Maui, and Hawaii), as well submerged, and coralline atolls and Geography 1983). The prevailing winds as offshore islets, shoals, and atolls set shoals are often all that remain above are northeast trade winds with some on submerged volcanic remnants at the sea level (Macdonald et al. 1986). The seasonal fluctuation in strength. The northwestern end of the chain (the topography of the Hawaiian Islands is islands also experience winter storm Northwestern Hawaiian Islands, extremely diverse. On the youngest systems and occasional hurricanes. including Laysan, Midway, and Kure). islands, Hawaii and Maui, gently Annual rainfall varies greatly by The archipelago covers a land area of sloping unweathered shield volcanoes location, with marked windward to about 16,600 square kilometers (sq km) with very poor soil development are leeward gradients over short distances. (6,400 sq miles (mi)), extending roughly juxtaposed with older, heavily Minimum average annual rainfall is less ° ′ ° ′ than 250 millimeters (mm) (10 inches between latitude 18 50 and 28 15 N weathered valleys with steep walls, and longitude 154°40′ and 178°70′ W, (in.)); the maximum average well-developed streams, and gently and ranging in elevation from sea level precipitation is well in excess of 11,000 sloped flood plains. The older islands to to 4,200 meters (m) (13,800 feet (ft)) mm (450 in.) per year. Precipitation is the northwest (Niihau, Kauai, Oahu, and (Department of Geography 1983). The greatest during the months of October regional geological setting is a mid- Molokai) are generally more weathered. through April. A dry season is apparent oceanic volcanic island archipelago set On a typical older island, sea cliffs and in leeward settings, while windward in a roughly northwest to southeast line, large amphitheater-headed valleys on settings generally receive trade wind- with younger islands to the southeast. the windward (northeast) side contrast driven rainfall throughout the year The youngest island, Hawaii, is with erosionally younger, dissected (Department of Geography 1983). volcanically active. The older islands slopes on the leeward (southwest) side The native-dominated vegetation of are increasingly eroded, so that the (Department of Geography 1983). the Hawaiian Islands varies greatly 53110 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations according to elevation, moisture regime, The land that supports these 14 plant landslides or hurricanes) and/or and substrate. Within the nearly 100 taxa is owned by various private parties, reduced reproductive vigor, due to the recognized native vegetation types are the City and County of Honolulu, the small number of existing individuals in numerous island-specific or region- State of Hawaii (including State parks, a single remaining population (HPCC specific associations, comprising an forest reserves, natural area reserves, 1992a; Christa Russell, The Nature extremely rich array of vegetation types and Hawaiian Home Lands), and the Conservancy of Hawaii (TNCH), pers. over a very limited geographic area. Federal government (Department of comm. 1994). Major vegetation formations include Defense (DOD)). Louis C.A. von Chamisso, a botanist on the Russian vessel Rurik, first forests, woodlands, shrublands, Discussion of the 14 Plant Taxa grasslands, herblands, and pioneer collected Cenchrus agrimonioides on associations on lava and cinder Achyranthes mutica was first Oahu during a world exploring substrates (Gagne´ and Cuddihy 1990). described by Asa Gray in 1867 based on expedition between 1816 and 1817. Carl a specimen collected on Kauai between In Hawaii, lowland, montane, and Bernhard von Trinius described the 1851 and 1855 by Ezechiel Jules Remy, subalpine forest types extend from sea species several years later (Degener and a French naturalist and ethnologist (St. level to above 3,000 m (9,800 ft) in Whitney 1937). Other published names John 1979, Wagner et al. 1990). elevation. Coastal and lowland forests considered synonymous with C. Achyranthes nelsonii (St. John 1979) is are generally dry or mesic and may be agrimonioides include C. calyculatus considered to be synonymous with A. open- or closed-canopied. The stature of var. uniflorus, C. laysanensis, and C. mutica by the authors of the current pedunculatus (O’Connor 1990). lowland forests is generally under 10 m treatment of Hawaiian members of the Currently, two varieties are (30 ft). Ten of the taxa in this final rule family (Wagner et al. 1990). recognized—the nominate variety and (Achyranthes mutica, Cenchrus Achyranthes mutica, a member of the variety laysanensis, which was agrimonioides var. agrimonioides, amaranth family (Amaranthaceae), is a described by F.B. Brown (1931). Cyanea grimesiana ssp. grimesiana, many-branched shrub with stems Cenchrus agrimonioides, a member of Euphorbia haeleeleana, Isodendrion ranging from 30 to 60 centimeters (cm) the grass family (Poaceae), is a perennial laurifolium, I. longifolium, Panicum (12 to 24 in.) long. The opposite leaves, grass with stems 0.3 to 2 m (1 to 6.7 ft) niihauense, Schiedea hookeri, S. usually 3.2 to 4 cm (1.3 to 1.6 in.) long tall. The leaf blades, 20 to 40 cm (8 to nuttallii, and S. kauaiensis) have been and 1.5 to 2 cm (0.6 to 0.8 in.) wide, are 16 in.) long and 5 to 25 mm (0.2 to 1 reported from lowland dry or mesic inversely egg-shaped to elliptic or in.) wide, are flat or folded and have a forest habitat. C. agrimonioides var. inversely lance-shaped. The stalkless prominent midrib. The inflorescence laysanensis has been reported from dry flowers are arranged in spikes (flowers (flower cluster) is a raceme (an coastal strand vegetation. Four taxa (I. directly attached to the main flower unbranched, indeterminate laurifolium, I. longifolium, Phyllostegia axis) that are 0.4 to 1.5 cm (0.2 to 0.6 inflorescence with flowers arranged parviflora, and Sanicula purpurea) have in.) long. The apetalous (lacking petals) along the axis) 5 to 10 cm (2 to 4 in.) been reported from lowland wet forest flowers are perfect (containing both long, bearing cylindrical to lance- habitat. One taxon, Cyperus female and male parts). The sepals are shaped burs 8 to 18 mm (0.3 to 0.7 in.) trachysanthos, has been reported from of unequal length, 3 to 4.2 mm (0.1 to long. The burs are densely hairy with an wet sites on coastal cliffs or talus slopes. 0.2 in.) long, and have sharply pointed outer series of numerous, somewhat Montane wet forests, occupying tips. This species is distinguished from spreading bristles. Each bur partially elevations between 915 and 1,830 m others in the genus by the shape and envelops one spikelet (ultimate flower (3,000 and 6,000 ft), occur on the size of the sepals and by characteristics cluster). This species is distinguished windward slopes and summits of the of the spike, which is short and from others in the genus by the islands of Kauai, Oahu, Molokai, Maui, congested (Wagner et al. 1990). cylindrical to lance-shaped bur and the and Hawaii. The forests may be open- to Historically Achyranthes mutica was arrangement and position of the bristles. closed-canopied, and may exceed 20 m known from three collections from C. a. var. agrimonioides differs from var. (65 ft) in height. Montane wet forests are opposite ends of the main archipelago, laysanensis in generally having smaller usually dominated by several species of Kauai and Hawaii (Hawaii Heritage burs, shorter stems, and narrower leaves native trees and tree ferns. Platanthera Program (HHP) 1994c1, 1994c2; Hawaii (O’Connor 1990). holochila, has been reported from Plant Conservation Center (HPCC) Historically Cenchrus agrimonioides montane wet forest habitat. Montane 1992a). Currently this species is known var. agrimonioides was known from the bogs, found on Kauai, Molokai, Maui, only from the Keawewai Stream area in following general areas—the Waianae and Hawaii, occur primarily on flat or the Kohala Mountains of Hawaii on Mountains of Oahu, Kaaukuu on Lanai, gently sloping terrain with impervious private land. Between 20 and 50 plants and the south slope of Haleakala and substrates between 915 and 1,830 m are growing at an elevation of about 920 Ulupalakua on Maui. It may possibly (3,000 and 6,000 ft) in elevation. The m (3,030 ft) in an Acacia koaia (koai’a) have occurred on the island of Hawaii; vegetation of most of these bogs consists lowland dry forest with Dodonaea undocumented observations of this of an irregular, hummocky cushion of viscosa (’a’ali’I), Myoporum taxon have been reported from sedges, with Metrosideros polymorpha sandwicense (naio), Nestegis unspecified locations on this island (’ohi’a) usually a codominant. Two taxa, sandwicensis (olopua), Osteomeles (HHP 1994d1 to 1994d14, Hillebrand P. holochila and S. purpurea, have been anthyllidifolia (’ulei), and Sophora 1888). Currently C. a. var. agrimonioides reported from montane bog habitats. chrysophylla (mamane) (HPCC 1992a). is known from Oahu and Maui. In the Hawaiian shrublands are also found The primary threats to the single Waianae Mountains on Oahu, from coastal to alpine elevations. The remaining population of Achyranthes approximately 25 individuals are found majority of Hawaiian shrubland types mutica are habitat degradation and/or in the following populations—Pahole are in dry and mesic settings, or on cliffs destruction by ungulates such as cattle Gulch in the State’s Pahole Natural Area and slopes too steep to support trees. (Bos taurus) and feral goats (Capra Reserve (NAR), Makaha-Waianae Kai Only one of the taxa, P. niihauense, has hircus), competition with alien plant Ridge on City and County of Honolulu been reported from coastal dry taxa, and a risk of extinction from land, Kahanahaiki Valley on State land shrubland habitat, on Kauai. naturally occurring events (such as leased by the DOD for the Makua Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53111

Military Reservation, east Makaleha on var. mauiensis, C. grimesiana var. populations are known from Kaiholena State land, and Pualii drainage on munroi, and C. lobata var. hamakuae Gulch and an unnamed gulch south of private land in TNCH’s Honouliuli (Lammers 1990). Currently, three Puhielelu Ridge, in the central portion Preserve (HHP 1994d1, 1994d8, subspecies are recognized—the extinct of the island, both on private land (HHP 1994d11, 1994d12, 1994d14). On Maui, ssp. cylindrocalyx (Rock 1917); ssp. 1994e27, 1994e37). On Maui, two a patch of C. a. var. agrimonioides grimesiana; and the federally populations are known from Iao Valley plants, 0.9 sq m (10 sq ft) in size, is endangered ssp. obatae (St. John 1978a). on private land. A population known from State land within Kanaio Cyanea grimesiana ssp. grimesiana, a previously reported in lower Kipahulu NAR (Robert Hobdy, Division of member of the bellflower family Valley within Haleakala National Park Forestry and Wildlife (DOFAW), pers. (Campanulaceae), is a shrub 1 to 3.2 m has been determined to be C. comm. 1994). The number of (3.3 to 10.5 ft) tall. The leaves are asplenifolia, based on recently available individuals statewide totals fewer than pinnately divided, with 9 to 12 flowering material (HHP 1994e6, 100. Cenchrus agrimonioides var. segments per side. The leaf blades are 1994e26; Lloyd Loope, National agrimonioides is usually found on dry 27 to 58 cm (10.6 to 22.9 in.) long and Biological Service (NBS), in litt. 1995; rocky ridges or slopes, or ridges in 14 to 32 cm (5.5 to 12.6 in.) wide (across Art Medeiros, NBS, pers. comm. 1995). mesic ’ohi’a-koa forest between 560 and the segments). The inflorescence The total current populations statewide 820 m (1,830 and 2,700 ft) in elevation. comprises 6 to 12 flowers. The calyx consist of fewer than 50 individuals Associated plant taxa include Alyxia lobes, 10 to 44 mm (0.4 to 2 in.) long (HHP 1994e1, 1994e4, 1994e8, 1994e14, oliviformis (maile), Psydrax odoratum and 4 to 14 mm (0.2 to 0.55 in.) wide, 1994e15, 1994e34, 1994e38; H. (alahe’e), Carex sp., Diospyros sp. are egg-shaped to lance-shaped and Bornhorst and S. Perlman, in litt. 1992). (lama), and Eragrostis variabilis overlap at the base. The petals are C. g. ssp. grimesiana is typically found (kawelu) (HHP 1994d8, 1994d11, purplish or greenish to yellowish white, in mesic forest often dominated by 1994d12, 1994d14; R. Hobdy, pers. often suffused or striped with magenta, ’ohi’a or o’hi’a and koa, or on rocky or comm. 1994). and 55 to 80 mm (2 to 3 in.) long. The steep slopes of stream banks, and The other variety of this species, orange berries are 18 to 30 mm (0.7 to between 350 and 945 m (1,150 and Cenchrus agrimonioides var. 1.2 in.) long. This species is 3,100 ft) elevation. Associated plant taxa laysanensis, was known historically distinguished from others in this include Antidesma sp. (hame), Bobea from the northwestern Hawaiian islands endemic Hawaiian genus by the sp. (’ahakea), Psychotria sp. (kopiko), of Laysan, Kure, and Midway, all within pinnately lobed leaf margins and the Xylosma sp. (maua), and various native the Northwestern Hawaiian Islands width of the leaf blades. This subspecies and alien ferns (HHP 1994e1, 1994e7, National Wildlife Refuge. This variety is distinguished from the other two 1994e8, 1994e14, 1994e34, 1994e37; H. has not been seen since 1973. These subspecies by the shape and size of the Bornhorst and S. Perlman, in litt. 1992). islands are infrequently surveyed for calyx lobes, which overlap at the base The major threats to Cyanea plants, the last comprehensive survey (Lammers 1990). grimesiana ssp. grimesiana are habitat being completed in the 1980s, so it is Historically Cyanea grimesiana ssp. degradation and/or destruction caused possible that the variety still exists and grimesiana was known from at least 40 by wild and feral ungulates (axis deer will be found with further survey efforts populations located in the Waianae and (Axis axis), goats, and pigs) and (Corn 1980; HHP 1991a1, 1991a2). Koolau mountains on Oahu, Wailau competition with various alien plants. The major threats to Cenchrus Valley and Puu Kahea on Molokai, Potential overcollection, trampling by agrimonioides var. agrimonioides are central and northern Lanai, and hikers and/or military activities, and fire habitat degradation and/or destruction scattered locations on Maui (HHP threaten the Palikea population on by feral pigs (Sus scrofa) (Oahu only), 1994e1 to 1994e39; Heidi Bornhorst, Oahu. The Oahu populations are also competition with alien plant taxa, and TNCH, and Steven Perlman, National threatened by landslides (HHP 1994e1, a risk of extinction from naturally Tropical Botanical Garden, in litt. 1992). 1994e7, 1994e34, 1994e37; H. Bornhorst occurring events and/or reduced Currently C. g. ssp. grimesiana is known and S. Perlman, in litt. 1992; Loyal reproductive vigor due to the small from 14 populations on those 4 islands Mehrhoff, U.S. Fish and Wildlife number of existing individuals. The (HHP 1994e1, 1994e4, 1994e6 to Service, pers. comm. 1995). Rats (Rattus Pahole Gulch population on Oahu is 1994e8, 1994e14, 1994e15, 1994e26, spp.) are also a potential threat, since potentially threatened by trampling and 1994e27, 1994e34, 1994e36 to 1994e38; they are known to eat the fruits and fire from military activities and the H. Bornhorst and S. Perlman, in litt. girdle the stems of species in the Maui population is potentially 1992). On Oahu, the following bellflower family (Joel Lau, TNCH, pers. threatened by goats and cattle (HHP populations are known from the comm. 1994). 1994d1, 1994d8, 1994d11, 1994d12, Waianae Mountains—one population First collected by Chamisso between 1994d14; R. Hobdy and C. Russell, pers. from Mt. Kaala NAR and three 1816 and 1817 in the ‘‘Sandwich comms. 1994). Listing of Cenchrus populations from Pahole NAR on State Islands,’’ Cyperus trachysanthos was agrimonioides protects both varieties. land, one population each from North described by William J. Hooker and Cyanea grimesiana ssp. grimesiana Haleauau Gulch on the federally owned G.A.W. Arnott in 1832 (Hillebrand 1888, was collected by Charles Gaudichaud- Schofield Barracks Military Reservation Mill et al. 1988). This species has been Beaupre´ in 1819 on Oahu while he was and North Kaluaa Gulch on private maintained in the most recent treatment pharmaceutical botanist on the vessel land. Two populations are known from of Hawaiian members of the genus Uranie (HHP 1989a, Rock 1919, Wagner Oahu’s Koolau Mountains on State and (Koyama 1990). The specific epithet et al. 1990). Gaudichaud later described private land (HHP 1994e1, 1994e4, refers to the rough or papery flowers. this taxon and named it for the French 1994e8, 1994e14, 1994e15, 1994e34, Cyperus trachysanthos, a member of Navy’s head pharmacist (Thomas G. 1994e38; H. Bornhorst and S. Perlman, the sedge family (Cyperaceae), is a Lammers, Field Museum, pers. comm. in litt. 1992). On Molokai, one perennial grass-like plant with a short 1994). Other published names population is known from Kukuinui rhizome (underground stem). The culms considered synonymous with Cyanea Ridge on State land and the other is (aerial stems) are densely tufted, grimesiana ssp. grimesiana include C. within the State’s Olokui NAR (HHP obtusely triangular, 20 to 45 cm (8 to 18 grimesiana var. lydgatei, C. grimesiana 1994e7, 1994e36). On Lanai, two in.) tall, sticky, and leafy at the base. 53112 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

The linear leaf blades are green, covered dioecious (female and male flowers on the U.S. Exploring Expedition in 1840 with a waxy coating, and somewhat separate plants) tree 3 to 14 m (10 to 46 (St. John 1952). Other published names leathery. The leaf sheath is yellowish ft) tall. The alternate leaves are papery considered synonymous with I. brown and partitioned with nodes. The in texture, elliptic, and usually 10 to 15 laurifolium are I. forbesii, I. lydgatei, I. flower clusters are 5 to 9 cm (2 to 3.5 cm (4 to 6 in.) long and 4 to 6 cm (2 subsessilifolium, and I. waianaeense in.) long and 6 to 12 cm (2 to 5 in.) wide. in.) wide. Male trees bear many small (Wagner et al. 1990). The specific Each flower head contains 10 to 30 pale male flowers within a cyathium (a epithet refers to the resemblance in the yellowish brown spikelets, each of compact inflorescence with small leaves to those of the laurel tree (Laurus which contains 8 to 20 flowers. The individual flowers). The female trees sp.). glumes (small pair of bracts at the base have cyathia with a single female flower Isodendrion laurifolium, a member of of each spikelet) are broadly egg-shaped. surrounded by numerous abortive male the violet family (Violaceae), is a The fruit is a dark brown, egg-shaped flowers. The capsules (dry fruit that slender, straight shrub, generally 1 to 2 achene. This species is distinguished open at maturity) are round. This m (3 to 6 ft) tall, with few branches. The from others in the genus by the short species is distinguished from others in leaves, 4 to 16 cm (2 to 6 in.) long and rhizome, the leaf sheath with partitions the genus in that it is a tree, whereas 1.5 to 5 cm (0.6 to 2 in.) wide, are at the nodes, the shape of the glumes, most of the other species are herbs or somewhat leathery, oblong-elliptic, and the length of the culms (Koyama shrubs, as well as by the large leaves narrowly elliptic lance-shaped, or rarely 1990). with prominent veins (Wagner et al. elliptic. The fragrant flowers are perfect Historically Cyperus trachysanthos 1990). and borne singly along the stems. The was known from Niihau, Kauai, Euphorbia haeleeleana is known five petals, which are clawed and scattered locations on Oahu, Mauna Loa historically and currently from 15 somewhat unequal, are purple with on Molokai, and Kaena on Lanai (HHP populations and between 450 and 625 greenish white edges externally, and 1994f1 to 1994f15, HPCC 1993a). individuals from northwestern Kauai dusty purple on the inner face of the Currently this species is known from 3 and the Waianae Mountains of Oahu lobe. The fruit is a green, lance-shaped populations on Niihau, Kauai, and Oahu (HHP 1994g1 to 1994g14, HPCC 1993b). capsule. This species is distinguished with an estimated total of less than 350 On Kauai, 11 populations are known from others in this endemic Hawaiian individuals (HHP 1994f1, 1994f5; HPCC from valley slopes and cliffs along genus by the shape of its leaves (Wagner 1993a). On privately owned Niihau, an Kauai’s northwestern coast from et al. 1990). unknown number of individuals is Pohakuao to Haeleele Valley and Historically Isodendrion laurifolium known from an area west of Mokouia Hipalau Valley within Waimea Canyon. was known from scattered locations on Valley (HHP 1994f5). On Kauai, more All of the Kauai populations occur on Kauai and both the Waianae and Koolau than 300 individuals are known from State land, including Kuia NAR and the mountains of Oahu (HHP 1994h1 to State land in Nualolo Valley, while on Na Pali Coast State Park (HHP 1994g1 to 1994h21). A total of 14 populations on Oahu an unspecified number of 1994g4, 1994g7 to 1994g9, 1994g11, 2 islands comprising approximately 190 individuals is known from State land at 1994g12, 1994g14; HPCC 1993b). On to 210 individuals is currently known Kaena Point (HHP 1994f1, HPCC 1993a). Oahu, four populations are known from statewide. On Kauai, approximately 130 C. trachysanthos is usually found in wet the northern Waianae Mountains. Three to 140 individuals are known from 8 sites (mud flats, wet clay soil, or wet of these populations occur on State land populations in the following locations— cliff seeps) on coastal cliffs or talus leased by the DOD for the Makua Paaiki, Kawaiula, Haeleele, Makaha, slopes between 3 and 160 m (10 and 525 Military Reservation, and the fourth Poopooiki, and Kuia valleys, and the ft) elevation (HHP 1994f1, 1994f5; HPCC population occurs on privately owned Koaie branch of Waimea Canyon. All 1993a; Koyama 1990). On Kauai, land (HHP 1994g5, 1994g6, 1994g10, Kauai populations occur on State- associates include Hibiscus tiliaceus 1994g13). Euphorbia haeleeleana is owned land, with several in Kuia NAR (hau), Plantago lanceolata (narrow- usually found in lowland mixed mesic (HHP 1994h6, 1994h9 to 1994h13, leaved plantain), and Pteris vittata or dry forest that is often dominated by 1994h15, 1994h21). On Oahu, (HPCC 1993a). ’ohi’a, ’ohi’a and koa, lama, or Aleurites approximately 60 to 70 individuals of Cyperus trachysanthos is threatened moluccana (kukui). Typically found this species are known from 6 by a risk of extinction from naturally between 205 and 670 m (680 and 2,200 populations—Makaha in the Waianae occurring events due to the small ft) elevation, a few populations have Mountains, on City and County of number of populations, goats on Kauaii been found at elevations up to 870 m Honolulu land; East Makaleha Valley, (Kenneth Wood, National Tropical (2,860 ft). Associated plant taxa include Waianae Kai, Kaawa Gulch, and Botanical Garden, pers. comm. 1996) ’a’ali’i, Erythrina sandwicensis Kaumokunui Gulch in the Waianae and competition with alien plant (wiliwili), Pleomele sp. (hala pepe), Mountains, on State land, including Mt. species on Oahu and Kauaii (HHP Reynoldsia sandwicensis (’ohe), and Kaala NAR; and south Kaukonahua 1994f1; J. Lau and C. Russell, pers. Sapindus oahuensis (aulu) (HHP 1994g1 Gulch within the federally owned comms. 1994). to 1994g14, HPCC 1993b). Schofield Barracks Military Reservation In 1970, Steven Montgomery and the Habitat degradation and/or in the Koolau Mountains (HHP 1994h1, late Wayne Gagne´ collected a specimen destruction by wild and feral ungulates 1994h2, 1994h16, 1994h17, 1994h18, of an unidentified tree in Mahanaloa including black-tailed deer (Odocoileus 1994h20). Isodendrion laurifolium is Valley on Kauai. The following year, hemionus), goats, and pigs; predation by usually found between 490 and 820 m Derral Herbst (1971) described it as rats; fire; potential military activities; (1,620 and 2,700 ft) elevation in diverse Euphorbia haeleeleana, naming it for and competition with alien plant taxa mesic forest, or rarely wet forest, another valley where the plant grows. seriously threaten Euphorbia dominated by o’hia’ or koa-o’hia’, or This species has been maintained in the haeleeleana (HHP 1994g1, 1994g3 to o’hia’-lama with hame, maua, Hedyotis most recent treatment of Hawaiian 1994g7, 1994g10, 1994g12 to 1994g14; terminalis (manono), Pisonia sp. (papala members of the genus (Wagner et al. HPCC 1993b). kepau), and Pouteria sp. (’a’ali’i) (HHP 1990). Isodendrion laurifolium was first 1994h1, 1994h2, 1994h6, 1994h9 to Euphorbia haeleeleana, a member of described by Gray in 1852 based on a 1994h13, 1994h15 to 1994h18, the spurge family (Euphorbiaceae), is a collection made on Oahu by members of 1994h20). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53113

The primary threats to Isodendrion Pittosporum sp. (ho’awa) (HHP 1994i2 species to Phyllostegia and this is the laurifolium are habitat degradation by to 1994i8, 1994i10 to 1994i18; HPCC name accepted in the current treatment ungulates (black-tailed deer, goats, and 1990a; Lorence and Flynn 1991, 1993). of Hawaiian members of the genus pigs), competition with alien plant taxa, The major threats to Isodendrion (Wagner et al. 1990). Currently two and a potential threat from military longifolium are habitat degradation and/ varieties are recognized—var. parviflora activities (HHP 1994h2, 1994h6, or destruction by feral goats and pigs and var. glabriuscula, described by Gray 1994h9, 1994h11, 1994h15 to 1994h18, and competition with various alien in 1862 (Wagner et al. 1990). There is 1994h20, 1994h21). plant taxa. On Oahu, the Palikea Gulch also a newly discovered variety that has Isodendrion longifolium was first population is potentially threatened by not yet been formally named (Wagner et collected in 1840 in the ‘‘Kaala’’ overcollection and fire (HHP 1994i2, al. 1990). These recent collections of P. [Waianae] Mountains of Oahu by 1994i13, 1994i15 to 1994i17; HPCC parviflora from the Waianae Mountains members of the U.S. Exploring 1990a; Lorence and Flynn 1993). differ from the other varieties by several Expedition. Gray later named this In 1912, J.F. Stokes collected a grass characters and represent a new variety species for its long leaves (St. John on Niihau that St. John later named previously considered to be P. mollis 1952). Isodendrion christensenii and I. Panicum niihauense (St. John 1931). var. lydgatei (Wagner et al. 1990; maculatum (St. John 1952, 1978b) are This species has been maintained in the Warren Wagner, Smithsonian considered synonymous with I. most recent treatment of Hawaiian Institution, in litt., 1994; W. Wagner, longifolium (Wagner et al. 1990). members of the genus (Davidse 1990). pers. comm. 1994). Published names Isodendrion longifolium, a member of Panicum niihauense, a member of the that Wagner et al. (1990) consider to be the violet family, is a slender, straight grass family, is a perennial bunchgrass synonymous with P. parviflora var. shrub generally 0.6 to 2 m (2 to 7 ft) tall. with unbranched culms 50 to 125 cm parviflora include P. leptostachys, P. The hairless, somewhat leathery leaves (20 to 49 in.) long. The leaf blades are parviflora var. canescens, P. parviflora are lance-shaped, 10 to 30 cm (4 to 12 flat, 15 to 35 cm (6 to 14 in.) long and var. gaudichaudii, and P. parviflora var. in.) long, and 3.4 to 6.5 cm (1 to 3 in.) 0.7 to 1.9 cm (0.3 to 0.7 in.) wide. The major (Wagner et al. 1990). wide. The fragrant flowers are perfect panicles (loosely branched Phyllostegia parviflora, a member of and are borne singly along the branches. inflorescences) are 13 to 35 cm (5 to 14 the mint family (Lamiaceae), is a The five petals are purple, clawed, and in.) long. The panicle branches lie close perennial herb. The egg-shaped to somewhat unequal. The purple capsular to the main stem of the inflorescence broadly egg-shaped, wrinkled leaves are fruit is 10 mm (0.4 in.) long. This (not spreading outward), and the usually 19 to 33 cm (7.5 to 13 in.) long species is distinguished from others in spikelets are borne densely along the and 7.5 to 15.3 cm (3 to 6 in.) wide. The this endemic Hawaiian genus by the inflorescence branches. The spikelets, leaf stalks are typically 6 to 13.5 cm (2.4 shape of its leaves (Wagner et al. 1990). which contain two flowers, are 2.6 to to 5.3 in.) long. Usually six flowers are Historically Isodendrion longifolium 3.2 mm (0.1 in.) long. This species is arranged along a flowering stalk. The was known from scattered locations on distinguished from others in the genus corolla is white, sometimes tinged with Kauai and the Waianae Mountains on by the shape of the inflorescence purple, and about 9 to 13 mm (0.4 to 0.5 Oahu (HHP 1994i1 to 1994i18; HPCC branches, which are erect and in.) long. The upper corolla lip is about 1990a; Lorence and Flynn 1991, 1993). appressed, and the arrangement of the 3 mm (0.1 in.) long while the lower lip Currently I. longifolium is known from spikelets, which are densely clustered is about 6 to 9 mm (0.2 to 0.4 in.) long. 18 populations on Kauai and Oahu. On (Davidse 1990). The fruits are nutlets. The species is Kauai, 15 populations totalling 500 to Panicum niihauense was known distinguished from others of the genus 800 individuals are scattered over ridges historically from Niihau and one by the leaf shape and length of the leaf and valley slopes of northwestern location on Kauai (HHP 1994j1 to stalk and lower corolla lip. P. p. var. Kauai. Eight populations occur on 1994j3). Currently this species is only glabriuscula has fewer glandular hairs private land and seven are found on known from State-owned land at in the inflorescence, less pubescent State land, which includes Hono O Na Polihale State Park on Kauai. This single leaves, and usually unbranched Pali NAR and the Na Pali Coast State population of 23 individuals is found inflorescences, as compared to P. p. var. Park (HHP 1994i3 to 1994i5, 1994i7 to scattered in sand dunes in a coastal parviflora. The newly discovered 1994i13, 1994i15 to 1994i17; HPCC shrubland at between 9 and 15 m (30 variety of P. parviflora has shorter leaf 1990a; Lorence and Flynn 1991, 1993). and 50 ft) elevation. Associated plant stalks, spreading hairs on the leaf stalks, Three populations totalling 30 to 40 taxa include ’a’ali’i, Cassytha filiformis and fewer gland-tipped hairs in the individuals are known from Oahu. Two (kauna`oa pehu), Prosopis pallida inflorescence (Wagner et al. 1990). populations are found within Mt. Kaala (kiawe), Scaevola sericea (naupaka), Historically Phyllostegia parviflora NAR on State-owned land in the Sida fallax (’ilima), and Vitex sp. was known from three islands—Oahu, Waianae Mountains, and the third (kolokolo kahakai) (HHP 1993, 1994j3). Hawaii, and Maui (HHP 1994x1 to population is found in Makaua Gulch The primary threats to the single 1994x3, 1994y1 to 1994y9, 1994z1, on private land in the Koolau known population of Panicum 1994z2; Sherff 1935; Wagner et al. Mountains (HHP 1994i2, 1994i14, niihauense are off-road vehicles, 1990). This species is now known only 1994i18). The total current populations competition with alien plant taxa, and from two populations on Oahu. throughout the State consist of fewer a risk of extinction from naturally Phyllostegia parviflora var. glabriuscula than 1,000 individuals, with most of the occurring events and/or reduced was only known from the island of populations and individuals occurring reproductive vigor due to the small Hawaii on private land and has not been on Kauai. Isodendrion longifolium is number of individuals in one remaining observed since the 1800s (HHP 1994x1 found on steep slopes, gulches, and population (HHP 1993; HPCC 1992b; J. to 1994x3). Phyllostegia parviflora var. stream banks in mixed mesic or wet Lau and C. Russell, pers. comms. 1994). parviflora was known from Oahu and o`hı`a forest, usually between 410 and Phyllostegia parviflora was first Maui, but is now known from only four 760 m (1,345 and 2,500 ft) elevation. described by Gaudichaud-Beaupre´ as plants in North Kaukonahua Stream in Associated plant taxa include ’ahakea, Prasium parviflorum based on a the Koolau Mountains on Oahu, on hame, Cyanea sp. (haha), Hedyotis sp., specimen collected on Oahu (Hillebrand State land leased by the DOD for the Perrottetia sandwicensis (olomea), and 1888). Later, Bentham transferred the Kawailoa Training Area (HHP 1994y9). 53114 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

The new variety of P. parviflora is Currently P. holochila is known from purple or cream-colored with a purple known from only 19 plants in North five locations on Kauai, Molokai, and tinge and occur in branched terminal Palawai Gulch within TNCH’s Maui. Before the devastation of clusters, each of which contains six to Honouliuli Preserve (HHP 1994z1). Hurricane ’Iniki, on Kauai in September ten flowers. Each flower cluster contains Phyllostegia parviflora is typically 1992, two populations were known from one to three perfect flowers and five to found on moderate to steep slopes in the Alakai Swamp within the Alakai seven staminate flowers. The nearly diverse wet forest from 500 to 830 m Wilderness Preserve on State land (HHP spherical fruits are covered with (1,640 to 2,700 ft) elevation. Native taxa 1994k4, 1994k8). One population, last prickles. This species is distinguished associated with Phyllostegia parviflora seen in 1977, was not seen when the from others in the genus by the number include ’ohi’a, Broussaisia arguta location was revisited in 1989. The of flowers per cluster and by the color (kanawao), Mysine sp. (kolea), Pipturus other population comprised 100 of the petals (Constance and Affolter albidus (mamaki), and Cyrtandra sp. plantlets representing 3 clones before 1990). (ha`iwale) (HHP 1994y9, 1994z1; Wagner Hurricane ’Iniki, but was reduced to Historically Sanicula purpurea was et al. 1990). only 10 immature plantlets representing known from six scattered locations The major threats to Phyllostegia 1 clone over a year after the hurricane along the Koolau Mountains of Oahu parviflora are habitat degradation and/ (Perlman 1995). On Molokai, a single and from four locations on West Maui or destruction by feral pigs, competition population of fewer than ten plants (HHP 1994L1 to 1994L10). This species with several alien plant taxa, and a risk occurs on private land in TNCH’s is currently known from one population of extinction from naturally occurring Kamakou Preserve (HHP 1994k3). On in Oahu’s Koolau Mountains on the events and/or reduced reproductive Maui, three populations are known— boundary of State land and the federally vigor due to the small number of Hanaula, on State and private land, and owned Schofield Barracks Military remaining individuals and populations TNCH’s Waikamoi and Kapunakea Reservation; another population, last (HHP 1994y9, 1994z1; C. Russell, pers. Preserves (HHP 1994k9, 1994k12, seen on the summit between Aiea and comm. 1994). 1994k17). The 5 current populations Waimano in 1985, was not seen during Hillebrand (1888) described and comprise fewer than 35 individuals—1 a 1987 survey and may no longer be named Habenaria holochila based on individual on Kauai; fewer than 10 on extant. On West Maui, three populations his collections and on material sent to Molokai; and between 15 and 20 on are currently known on State land, him by J.M. Lydgate and V. Knudsen. Maui (HHP 1994k3, 1994k4, 1994k8, including West Maui NAR, and one Subsequently, F.W. Kraenzlin 1994k9, 1994k12, 1994k17). Platanthera population is known from private land transferred the species to the genus holochila is found in ’ohi’a- (HHP 1994L1 to 1994L10). The number Platanthera, resulting in the new Dicranopteris linearis (uluhe) montane of plants of this species totals an combination Platanthera holochila; this wet forest or ’ohi’a mixed montane bog estimated 130 to 210 individuals. This name is accepted in the current between 1,050 and 1,870 m (3,450 and species typically grows in open ’ohi’a treatment of Hawaiian members of the 6,120 ft) elevation. Associated plant taxa mixed montane bogs between 700 and family (Kores 1979, Wagner et al. 1990). include Cibotium sp. (hapu’u), 1,625 m (2,300 and 5,330 ft) elevation. C.A. Luer (1975) published the Coprosma ernodeoides (kukaenene), Associated plant taxa include pukiawe, combination P. hyperborea var. Oreobolus sp., Styphelia sp. (pukiawe), Argyroxiphium grayanum (greensword), viridiflora, now considered synonymous and Vaccinium spp. (’ohelo) (HHP Lagenifera sp., Machaerina sp. (’uki), with P. holochila (Wagner et al. 1990). 1994k3, 1994k4, 1994k8, 1994k9, and Oreobolus furcatus (HHP 1994L1, The specific epithet refers to the 1994k12, 1994k17). 1994L6 to 1994L9). undivided lip of the flower. The primary threats to Platanthera Habitat degradation by feral pigs and Platanthera holochila, a member of holochila are habitat degradation and/or a risk of extinction from naturally the orchid family (Orchidaceae), is an destruction by ungulates such as cattle occurring events and/or reduced erect, deciduous herb. The stems arise and feral pigs, competition with alien reproductive vigor due to the small from underground tubers and are 15 to plant taxa, overcollection, and a risk of number of existing populations are the 60 cm (6 to 24 in.) long. The pale-green extinction from naturally occurring major threats to Sanicula purpurea. On leaves, generally 4 to 12 cm (2 to 5 in.) events due to the small number of Oahu, the Kaukonahua-Kahana Divide long and 1 to 3 cm (0.4 to 1 in.) wide, remaining populations and individuals population is additionally threatened by are lance to egg-shaped. The greenish- (HHP 1994k4, 1994k9, 1994k12, competition with an alien grass, yellow flowers occur in open spikes. 1994k17; C. Russell, pers. comm. 1994). Axonopus fissifolius (narrow-leaved The back sepal is inversely egg-shaped While hiking the Schofield-Waikane carpetgrass), and potentially by military and hooded and the lateral sepals are Trail on Oahu, St. John collected a plant activities (HHP 1994L1, 1994L9). erect and elliptic. The lateral petals, 2 that he and Edward Hosaka described in Schiedea hookeri was first described to 2.5 cm (1 in.) long, are irregularly egg- 1935 as Sanicula purpurea. Other by Gray in 1854 based on a specimen shaped and enclosed by the sepals. The published names considered collected on Oahu by Archibald lowest petal is strap-like, about 3 mm synonymous with this species include Menzies of the U.S. Exploring (0.1 in.) long, with a 3 to 5 mm (0.1 to S. lobata and S. sandwicensis Expedition (Wagner et al. 1990). Later, 0.2 in.) long spur at the base. The fruit (Constance and Affolter 1990). The Earl Sherff described S. hookeri var. is an ellipsoid capsule with six ribs. specific epithet refers to the purple acrisepala and S. hookeri var. This is the only species of this genus petals. intercedens, which are now considered that occurs in the Hawaiian Islands Sanicula purpurea, a member of the synonyms of S. hookeri (Sherff 1944, (Wagner et al. 1990). parsley family (Apiaceae), is a stout 1945; Wagner et al. 1990). Historically Platanthera holochila perennial herb, 8 to 36 cm (3 to 14 in.) Schiedea hookeri, a member of the was known from the Alakai Swamp and tall, arising from a massive stem. The pink family (Caryophyllaceae), is a Kaholuamano area and the Wahiawa basal leaves are numerous and leathery sprawling or clumped perennial herb. Mountains on Kauai, the Koolau in texture. Two to 8 cm (0.8 to 3 in.) The stems, 0.3 to 0.5 m (1 to 1.6 ft) long, Mountains on Oahu, scattered locations wide, the leaves are kidney-shaped or curve slightly upward or lie close to the on Molokai, and various locations on circular to egg-heart-shaped, with three ground and often produce matted Maui (HHP 1994k1 to 1994k17). to seven lobes. The small flowers are clumps. The thin, opposite leaves, 3 to Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53115

8 cm (1.2 to 3.2 in.) long and 0.4 to 1.5 endemic Hawaiian genus, Stephen synonymous with S. nuttallii include S. cm (0.2 to 0.6 in.) wide, are narrowly Weller, Ann Sakai, and Warren Wagner, nuttallii var. lihuensis and S. oahuensis lance-shaped to narrowly elliptic. The now accept S. kauaiensis as a distinct (Wagner et al. 1990; S. Weller, in litt. apetalous, perfect flowers are borne in species (Stephen Weller, University of 1994). open branched inflorescences, which California, Irvine, in litt. 1994). Weller, Schiedea nuttallii, a member of the are hairy, somewhat sticky, and 5 to 22 Sakai, and Wagner consider S. pink family, is a generally hairless, erect cm (2 to 9 in.) long. The lance-shaped wichmanii St. John to be synonymous subshrub, with stems normally 0.3 to sepals are green to purple and 3 to 4.5 with S. kauaiensis (S. Weller, in litt. 1.5 m (1 to 5 ft) long, and internodes mm (1.2 to 1.8 in.) long. The fruit is a 1994). usually 0.8 to 4 cm (0.3 to 1.6 in.) long. capsule about 3 mm (0.1 in.) long. This Schiedea kauaiensis, a member of the The green, sometimes purple-tinged species is distinguished from others in pink family, is a generally hairless, erect leaves are opposite, narrowly egg- this endemic Hawaiian genus by its subshrub, with stems normally 0.3 to shaped or lance-shaped to narrowly or open, hairy, and sometimes sticky 1.5 m (1 to 5 ft) long. The green, broadly elliptic, 5 to 10 cm (2 to 4 in.) inflorescence, and by the size of the sometimes purple-tinged leaves are long, and 1.5 to 2 cm (0.6 to 0.8 in.) capsules (Wagner et al. 1990). opposite, narrowly egg-shaped or lance- wide. The apetalous, perfect flowers are Historically Schiedea hookeri was shaped to narrowly or broadly elliptic, borne in open branched inflorescences, known from the Waianae Mountains of up to 13 cm (5 in.) long, and 3.5 cm (1.4 normally 20 to 25 cm (8 to 10 in.) long. Oahu and Haleakala on Maui (HHP in.) wide. The apetalous, perfect flowers The lance-shaped sepals, 2 to 3.8 mm 1994m1 to 1994m17). Currently this are borne in open branched (0.08 to 1.5 in.) long, are green or species is known from 11 populations in inflorescences, moderately covered with sometimes purple-tinged. The fruit is a Oahu’s Waianae Mountains. Between fine, short, curly, white hairs. The capsule. The round to kidney-shaped 220 and 330 individuals are scattered on lance-shaped sepals, 2 to 3.8 mm (0.08 seeds are about 1 mm (0.04 in.) long. slopes and ridges from Kaluakauila to 1.5 in.) long, are green or sometimes This species is distinguished from Gulch to Lualualei Valley—1 population purple-tinged. The fruit is a capsule. others in this endemic Hawaiian genus on private land in TNCH’s Honouliuli The round to kidney-shaped seeds are by its habit, length of the stem Preserve; 3 populations on City and about 2 mm (0.08 in.) long. This species internodes, length of the inflorescence, County of Honolulu land; 3 populations is distinguished from others in this number of flowers per inflorescence, on State land, 1 of which is on land endemic Hawaiian genus by its habit, smaller leaves, smaller flowers, and leased by the DOD for Makua Military larger leaves, the hairiness of the smaller seeds (Wagner et al. 1990; S. Reservation; and 4 populations on inflorescence, the number of flowers in Weller, in litt. 1994). Federal land (3 on Lualualei Naval each inflorescence, larger flowers, and Historically Schiedea nuttallii was Magazine and 1 on Schofield Barracks larger seeds (Wagner et al. 1990; S. known from scattered locations on Military Reservation) (HHP 1994m1, Weller, in litt. 1994). southeastern Kauai, Oahu, Molokai, and 1994m5, 1994m8, 1994m9, 1994m11 to Historically Schiedea kauaiensis was Maui (HHP 1994n1 to 1994n17; HPCC 1994m17). Schiedea hookeri is usually known from the northwestern side of 1992c1; S. Weller, in litt. 1994). One found in diverse mesic or dry lowland Kauai, from Papa‘a to Mahanaloa. It was population of S. nuttallii is found on forest, often with ’ohi’a or lama thought to be extinct until the 2 Kauai east of Haupu Peak on private dominant, between 365 and 790 m currently known populations were land (HHP 1994n10, HPCC 1992c1). (1,200 and 2,600 ft) elevation. One found, which total about 15 plants. Both Five populations are found on Oahu— population is reported at an elevation of populations occur on State land—the Kahanahaiki Valley, on State land 850 to 900 m (2,800 to 2,950 ft). Mahanaloa Valley population within leased by the DOD for Makua Military Associated plant taxa include ’a’ali’i, Kuia NAR and the Kalalau Valley Reservation; two populations within the Artemisia australis (’ahinahina), Bidens population within Na Pali Coast State State owned Pahole NAR; and Ekahanui sp. (ko’oko’olau), Carex meyenii, and Park. Schiedea kauaiensis typically Gulch, on private land in TNCH’s Eragrostis grandis (kawelu) (HHP grows in diverse mesic forest on steep Honouliuli Preserve (HHP 1994n2 to 1994m5, 1994m6, 1994m9, 1994m11 to slopes. Associated plant taxa include 1994n4, 1994n14, 1994n17). The 1994m17). Psychotria hexandra (kopiko), statewide total of 6 populations harbors The primary threats to Schiedea Exocarpus luteolus (heau), lama, the fewer than 75 individuals of this hookeri are habitat degradation and/or federally threatened Peucedanum species, with between 10 and 50 destruction by feral goats and pigs and sandwicense (makou), and Euphorbia individuals on Kauai and about 25 on competition with alien plant taxa. The haeleeleana (’akoko) (HHP 1994n18; Oahu (HHP 1994n2 to 1994n4, 1994n10, Kaluakauila Gulch population is also HPCC 1992c2; S. Weller, in litt. 1994). 1994n14, 1994n17; HPCC 1992c1; S. potentially threatened by fire and Threats to Schiedea kauaiensis Weller, in litt. 1994). Schiedea nuttallii military activities (HHP 1994m5, include habitat degradation and/or typically grows in diverse lowland 1994m8, 1994m11 to 1994m13, destruction by feral pigs, goats, and mesic forest, often with ’ohi’a dominant, 1994m15 to 1994m17). deer; competition from several alien between 415 and 730 m (1,360 and Schiedea kauaiensis was first plant taxa; landslides; and a risk of 2,400 ft) elevation. The population on collected by Otto Degener and Amy extinction from naturally occurring Kauai is found at 790 m (2,590 ft) Greenwell in 1952. Degener and Sherff events and/or reduced reproductive elevation. Associated plant taxa include considered this collection from Kauai to vigor due to the low number of hame, kopiko, olomea, papala kepau, be a new variety of S. nuttallii, individuals in only two known and Hedyotis acuminata (au) (HHP previously known only from Oahu, and populations (HHP 1994n18, HPCC 1994n2 to 1994n4, 1994n10, 1994n14, named it S. nuttallii var. pauciflora 1992c2). 1994n17, 1994n18; HPCC 1992c1). (Sherff 1952). In 1988, St. John elevated In 1834, Thomas Nuttall collected a Habitat degradation and/or this variety to species level, naming it specimen of Schiedea nuttallii in the destruction by feral ungulates such as S. kauaiensis. Wagner et al. (1990) Koolau Mountains of Oahu. Ten years pigs and goats, competition with several recombined this species with S. later, William Hooker described this alien plant taxa, landslides, potential nuttallii, without recognizing any species (Mill et al. 1988, Nagata 1980). fire, potential military activities, and a varieties. The authorities on this Other published names considered risk of extinction from naturally 53116 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations occurring events and/or reduced distribution and imminently threatened and requested to comment. Newspaper reproductive vigor, due to the small and therefore warrant listing. notices inviting public comment were number of populations and individuals, On October 2, 1995, the Service published in the Hawaii Tribune-Herald seriously threaten Schiedea nuttallii published in the Federal Register (60 and the Kauai Times on October 18, (HHP 1994n2, 1994n17; HPCC 1992c1; FR 51417) a proposal to list 13 plant 1995, the Garden Island on October 19, C. Russell, pers. comm. 1994). taxa from the Hawaiian Islands as 1995, and the Honolulu Advertiser and endangered and one taxon, Isodendrion Previous Federal Action the Maui News on October 20, 1995. longifolium, as threatened. This Four letters of comment were received Federal action on these plants began proposal was based primarily on supporting the listing of these taxa from as a result of section 12 of the information supplied by the Hawaii the Hawaiian Islands. One letter Endangered Species Act of 1973, which Heritage Program, the National Tropical requested further information on the directed the Secretary of the Botanical Garden, and observations by locations of these species and one letter Smithsonian Institution to prepare a botanists and naturalists. Based on provided additional information which report on those plants considered to be comments received in response to the has been incorporated into this final endangered, threatened, or extinct in the proposal (See Comments and rule. No requests for public hearings United States. This report, designated as Recommendations below) the Service were received. House Document No. 94–51, was now determines 13 taxa from the Pursuant to the Service’s policy on presented to Congress on January 9, Hawaiian Islands to be endangered and peer review (59 FR 34270), the expert 1975. Seven of the 14 taxa were 1 taxon to be threatened. considered to be endangered in that The processing of this final rule opinions of three appropriate and document and 2 were considered to be follows the Service’s listing priority independent specialists were also threatened. On July 1, 1975, the Service guidance published in the Federal solicited regarding pertinent scientific published a notice in the Federal Register on May 16, 1996 (61 FR 24722). or commercial data and assumptions Register (40 FR 27823) of its acceptance The guidance clarifies the order in relating to the taxonomy, population of the Smithsonian report as a petition which the Service will process models, and supportive biological and within the context of section 4(c)(2) rulemakings following two related ecological information for these 14 taxa. (now section 4(b)(3)) of the Act, and events: (1) the lifting, on April 26, 1996, No responses from peer reviewers were giving notice of its intent to review the of the moratorium on final listings received. status of the plant taxa named therein. imposed on April 10, 1995 (Public Law Summary of Factors Affecting the The Service published an updated 104–6), and (2) the restoration of Species notice of review for plants on December funding for listing through passage of 15, 1980 (45 FR 82479), September 27, the omnibus budget reconciliation law After a thorough review and 1985 (50 FR 39525), February 21, 1990 on April 26, 1996, following severe consideration of all information (55 FR 6183), and September 30, 1993 funding constraints imposed by a available, the Service has determined (58 FR 51144). Cyanea grimesiana ssp. number of continuing resolutions that Achyranthes mutica, Cenchrus grimesiana (as C. grimesiana var. between November 1995 and April agrimonioides, Cyanea grimesiana ssp. mauiensis and var. munroi), Euphorbia 1996. The guidance calls for prompt grimesiana, Cyperus trachysanthos, haeleeleana, Isodendrion laurifolium, I. processing of final rules containing Euphorbia haeleeleana, Isodendrion longifolium, and Platanthera holochila species facing threats of high laurifolium, Panicum niihauense, were considered Category 1 species in magnitude. The 14 species in this rule Phyllostegia parviflora, Platanthera the 1980 and 1985 notices of review. face high magnitude threats. holochila, Sanicula purpurea, Schiedea Category 1 species, now referred to as hookeri, Schiedea kauaiensis, and candidate species (61 FR 7597), are Summary of Comments and Schiedea nuttallii should be classified those for which the Service has on file Recommendations as endangered species and Isodendrion substantial information on biological In the October 2, 1995, proposed rule longifolium should be classified as a vulnerability and threats to support and associated notifications, all threatened species. Procedures found at issuance of a proposd rule to list as interested parties were requested to section 4 of the Act and regulations threatened or endangered but for which submit factual reports or information implementing the listing provisions of listing proposals have not yet been that might contribute to the the Act (50 CFR part 424) were published because they are precluded development of a final listing decision. followed. A species may be determined by other listing activities. Since the The public comment period ended on to be an endangered or threatened 1993 notice, new information suggests December 1, 1995. Appropriate State species due to one or more of the five that the nine taxa not previously agencies, county governments, Federal factors described in section 4(a)(1). The considered Category 1 species are agencies, scientific organizations, and threats facing the 14 taxa in this final sufficiently restricted in numbers and other interested parties were contacted rule are summarized in Table 2.

TABLE 2.ÐSUMMARY OF THREATS

Alien mammals Sub- Species Alien strate Fire Human Limited Cattle Deer Goats Pigs Rats plants loss impact numbers

Achyranthes mutica ...... X ...... X ...... X ...... X1,3* Cenchrus agrimonioides ...... P ...... P X ...... X X P P X2,3 Cyanea grimesiana ssp. grimesiana ...... X X X P X X P P X3 Cyperus trachysanthos ...... X ...... X ...... X1 Euphorbia haeleeleana ...... X X X X X ...... P P Isodendrion laurifolium ...... X X X ...... X ...... P Isodendrion longifolium ...... X X ...... X ...... P P Panicum niihauense ...... X ...... X X1,3 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53117

TABLE 2.ÐSUMMARY OF THREATSÐContinued

Alien mammals Sub- Species Alien strate Fire Human Limited Cattle Deer Goats Pigs Rats plants loss impact numbers

Phyllostegia parviflora ...... X ...... X ...... X1,3 Platanthera holochila ...... X ...... X ...... X ...... X X1,3 Sanicula purpurea ...... X ...... X ...... P X1 Schiedea hookeri ...... X X ...... X ...... P P Schiedea kauaiensis ...... X X X ...... X X ...... X1,3 Schiedea nuttallii ...... X X ...... X X P P X2,3 Key XÐImmediate and significant threat. PÐPotential threat. *ÐNo more than 100 individuals and/or no more than 5 populations. 1ÐNo more than 5 populations. 2ÐNo more than 10 populations. 3ÐNo more than 100 individuals.

These factors and their application to apparent. Beyond the direct effect of grimesiana, two of Euphorbia Achyranthes mutica A. Gray (No trampling and grazing on native plants, haeleeleana, three of I. laurifolium, one common name (NCN)), Cenchrus feral ungulates have contributed of I. longifolium, the two remaining agrimonioides Trin. (kamanomano), significantly to the heavy erosion taking populations of Phyllostegia parviflora, Cyanea grimesiana Gaud. ssp. place on most of the main Hawaiian one population of Sanicula purpurea, grimesiana (haha), Cyperus islands (Cuddihy and Stone 1990). three of Schiedea hookeri, both trachysanthos Hook. & Arnott Pigs, originally native to Europe, populations of Schiedea kauaiensis, and (pu‘uka‘a), Euphorbia haeleeleana Africa, and Asia, were introduced to one of Schiedea nuttallii (HHP 1994d8, Herbst (NCN), Isodendrion laurifolium Hawaii by the Polynesian ancestors of 1994d11, 1994d12, 1994e1, 1994e34, A. Gray (aupaka), Isodendrion Hawaiians, and later by western 1994g10, 1994g13, 1994h16, 1994h18, longifolium A. Gray (aupaka), Panicum immigrants. The pigs escaped 1994h20, 1994i2, 1994L1, 1994m5, niihauense St. John (lau ‘ehu), domestication and invaded primarily 1994m12, 1994m13, 1994n2, 1994n18, Phyllostegia parviflora (Gaud.) Benth. wet and mesic forests of Kauai, Oahu, 1994y1, 1994z1; HPCC 1992c2). On (NCN), Platanthera holochila (Hillebr.) Molokai, Maui, and Hawaii. Pigs pose Maui, feral pigs are a threat to the Kraenzl. (NCN), Sanicula purpurea St. an immediate threat to one or more Waikamoi and Kapunakea Preserves John & Hosaka (NCN), Schiedea hookeri populations of 11 of the taxa in wet and populations of Platanthera holochila, A. Gray (NCN), Schiedea kauaiensis St. mesic habitats. While foraging, pigs root and the Eke Crater population of John (NCN), and Schiedea nuttallii and trample the forest floor, Sanicula purpurea (HHP 1994k12, Hook. (NCN) are as follows: encouraging the establishment of alien 1994k17, 1994l9). A. The present or threatened plants in the newly disturbed soil. Pigs Goats, native to the Middle East and destruction, modification, or also disseminate alien plant seeds India, were first successfully introduced curtailment of its habitat or range. through their feces and on their bodies, to the Hawaiian Islands in 1792. Feral Native vegetation on all of the main accelerating the spread of alien plants goats now occupy a wide variety of Hawaiian Islands has undergone through native forests (Cuddihy and habitats from lowland dry forests to extreme alteration because of past and Stone 1990, Stone 1985). Pigs are montane grasslands on Kauai, Oahu, present land management practices vectors of Psidium cattleianum Molokai, Maui, and Hawaii, where they including ranching, deliberate alien (strawberry guava) and Schinus consume native vegetation, trample animal and plant introductions, and terebinthifolius (Christmas berry), roots and seedlings, accelerate erosion, agricultural development (Cuddihy and which threaten several of the taxa in and promote the invasion of alien plants Stone 1990, Wagner et al. 1985). The this final rule (Cuddihy and Stone 1990, (Scott et al. 1986, Stone 1985, van Riper Northwestern Hawaiian Islands have Smith 1985, Stone 1985). Pigs have also and van Riper 1982). One or more undergone similar alteration, but to a invaded open bogs where they uproot populations of nine of the taxa are lesser degree. The primary threats facing native plants and create conditions that currently threatened by direct damage the 14 plant taxa included in this rule allow alien plant species to invade from feral goats. On Kauai, goats are are destruction and modification of (Gagne´ and Cuddihy 1990). Sanicula contributing to the decline of one habitat by feral animals and competition purpurea and the Alakai Swamp population each of Cyperus with alien plants (see Factor E). population of Platanthera holochila are trachysanthos, Isodendrion laurifolium Thirteen of the 14 taxa in this rule are currently threatened by pigs in bogs and I. longifolium and four populations threatened by feral animals. Animals (HHP 1994k4, 1994k8, 1994L9). On of Euphorbia haeleeleana. Goats such as pigs, goats, axis deer, black- Kauai, one population of Isodendrion threaten the two known populations of tailed deer, and cattle were introduced laurifolium and two populations of I. Schiedea kauaiensis and the one either by the early Hawaiians (pigs) or longifolium have sustained loss of population of S. nuttallii on Kauai (HHP more recently by European settlers (all individual plants and/or habitat as a 1989b, 1994g1, 1994g4, 1994g12, ungulate species) for food and/or result of feral pig activities (HHP 1994g14, 1994h21, 1994i5; HPCC commercial ranching activities. Over the 1994h21, 1994i13, 1994i15; Lorence and 1992c2). On Oahu, encroaching 200 years following their introduction, Flynn 1993). The following plant taxa urbanization and hunting pressure tend their numbers increased and the adverse on Oahu are threatened by pigs—three to concentrate the goat populations in impacts of feral ungulates on native populations of Cenchrus agrimonioides, the dry upper slopes of the Waianae vegetation have become increasingly two of Cyanea grimesiana ssp. Mountains, where one population of 53118 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Euphorbia haeleeleana, three negative impact of cattle on Hawaii’s niihauense, and Platanthera holochila, populations of I. laurifolium, and two ecosystems is similar to that described have well-known populations, or populations of S. hookeri exist (HHP for goats and deer (Cuddihy and Stone populations close to trails or roads, that 1994g13, 1994h16, 1994h18, 1994h20, 1990, Stone 1985). On Maui, cattle are possibly threatened by trampling or 1994m13, 1994m15). The goat ranching is the primary agricultural by overcollection (HHP 1994d1, 1994e1, population in the Waianae area is activity on the west and southwest 1994i2, 1994k9). One individual of P. apparently increasing in State game slopes of East Maui and in lowland holochila died in the late 1980s after a management areas and extending into regions of West Maui. On West Maui, portion of the plant was collected for adjacent areas, becoming an even greater the Hanaula population of Platanthera scientific purposes (Marie Bruegmann, threat to the rare plants that grow there. holochila is threatened by grazing cattle U.S. Fish and Wildlife Service, in litt. On Kukuinui Ridge, Molokai, goats (HHP 1994k9). Cattle pose a potential 1995). threaten one of that island’s two known threat to that island’s only known C. Disease and predation. Disease is populations of Cyanea grimesiana ssp. population of Cenchrus agrimonioides not known to be a significant threat to grimesiana (HHP 1994e7). On Maui, (R. Hobdy, pers. comm. 1994). The only any of the taxa. Evidence of predation goats pose a potential threat to that known population of Achyranthes on Isodendrion laurifolium by deer is island’s only known population of mutica, in the Keawewai Stream area on documented on Kauai (HHP 1994h6, Cenchrus agrimonioides (R. Hobdy, the island of Hawaii, is also threatened 1994h11). While there is no evidence of pers. comm. 1994). On Hawaii, the only by cattle ranching activities (HPCC predation on the other 13 taxa, none of known population of Achyranthes 1992a). them are known to be unpalatable to mutica is presently threatened by goats On Oahu, habitat disturbance caused cattle, deer, or goats. Predation is (HPCC 1992a). by human activities may pose a threat therefore a possible threat to taxa In 1920, a group of 12 axis deer was to rare plant populations that grow on growing at sites where those animals introduced to the island of Lanai; about lands on which military training have been reported (Achyranthes 60 years later, the population was exercises and ground maneuvers are mutica, Cyanea grimesiana ssp. estimated at 2,800 (Tomich 1986). The occasionally conducted. However, grimesiana, Cyperus trachysanthos, axis deer population is presently because most of the taxa grow on Euphorbia haeleeleana, Isodendrion actively managed for recreational moderate to steep slopes, ridges, and laurifolium, I. longifolium, Platanthera hunting by the State Department of gulches, habitat disturbance is probably holochila, Schiedea hookeri, and S. Land and Natural Resources (DLNR). restricted to foot and helicopter traffic. kauaiensis) (see Factor A). Feral pigs not Axis deer degrade habitat by trampling Trampling by ground troops associated only destroy native vegetation through and overgrazing vegetation, which with training activities, and their rooting activities and dispersal of removes ground cover and exposes the construction, maintenance, and alien plant seeds, but they also feed on soil to erosion (J. Lau, pers. comm. utilization of helicopter landing and plants, preferring the pithy interior of 1994). Extensive red erosional scars drop-off sites could affect populations of large tree ferns and fleshy-stemmed caused by decades of deer activity are seven of the taxa (Cenchrus plants from the bellflower family (Stone evident on Lanai. Activity of axis deer agrimonioides, Cyanea grimesiana ssp. 1985, Stone and Loope 1987). Although threatens one of the two populations of grimesiana, Euphorbia haeleeleana, there is no conclusive evidence of Cyanea grimesiana ssp. grimesiana on Isodendrion laurifolium, Sanicula predation on Cyanea grimesiana ssp. Lanai (HHP 1994e37). purpurea, Schiedea hookeri, and grimesiana, a member of the bellflower Black-tailed deer were first Schiedea nuttallii) that occur on land family, it is not known to be unpalatable introduced to Kauai in 1961 for the leased or owned by the Army (HHP to pigs. Predation is therefore a possible purpose of sport hunting and today 1994d11, 1994e34, 1994g5, 1994g6, threat to this taxon in areas where pigs probably number well over 500 animals. 1994g10, 1994h17, 1994L1, 1994m8, have been reported (HHP 1994e1, The deer are presently confined to the 1994m12, 1994n14; Wagner et al. 1985). 1994e34). western side of the island, where they B. Overutilization for commercial, Two rat species, the black rat (Rattus feed on a variety of native and alien recreational, scientific, or educational rattus) and the Polynesian rat (R. plants (van Riper and van Riper 1982). purposes. Increased interest in exulans), and to a lesser extent other Black-tailed deer threaten two collecting for scientific or horticultural introduced rodents, eat large, fleshy populations of Euphorbia haeleeleana, purposes or visits by individuals fruits and strip the bark of some native including almost half of the known interested in seeing rare plants could plants, including plants in the individuals on Kauai, and half of the result from publicity following the bellflower family (Cuddihy and Stone known populations of Isodendrion publication of this final rule. This 1990, Tomich 1986, Wagner et al. 1985; laurifolium on Kauai. Black-tailed deer interest potentially threatens all of the J. Lau, pers. comm. 1994). The largest also threaten other rare plants within taxa, but would seriously impact the ten population of Euphorbia haeleeleana on Kuia NAR, potentially threatening one taxa whose low numbers and/or few Oahu is seriously threatened by rat population of Schiedea kauaiensis (HHP populations make them especially predation (HHP 1994g5). It is possible 1994g1, 1994g7, 1994h6, 1994h9, vulnerable to disturbance (Achyranthes that rats eat the fruits of Cyanea 1994h11, 1994n18). mutica, Cenchrus agrimonioides, grimesiana ssp. grimesiana, which Large-scale ranching of cattle in the Cyanea grimesiana ssp. grimesiana, produces fleshy fruit and stems and Hawaiian Islands began in the middle of Cyperus trachysanthos, Panicum grows in areas where rats occur (J. Lau, the 19th century on the islands of Kauai, niihauense, Phyllostegia parviflora, pers. comm. 1994). Oahu, Maui, and Hawaii. Large ranches, Platanthera holochila, Sanicula D. The inadequacy of existing tens of thousands of acres in size, purpurea, Schiedea kauaiensis, and regulatory mechanisms. Of the 14 taxa developed on East Maui and Hawaii Schiedea nuttallii). Such disturbances in this final rule, 10 have populations (Cuddihy and Stone 1990) where most could also promote erosion and greater located on private land, 12 on State of the State’s large ranches still exist ingression of alien plant species. Some land, 3 on City and County of Honolulu today. Degradation of native forests used taxa, such as Cenchrus agrimonioides, land, and 9 on land under Federal for ranching activities became evident Cyanea grimesiana ssp. grimesiana, jurisdiction. Of those under Federal soon after full-scale ranching began. The Isodendrion longifolium, Panicum jurisdiction, four taxa have populations Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53119 that occur on land owned by the Federal noxious weeds. The State has provisions (Hamakua pamakani). A number of government and six on land leased to and funding available for eradication other alien plant taxa also pose the Federal government by the State. and control of noxious weeds on State significant threats to populations of the While 12 of the taxa occur in more than and private land in conservation plants in this final rule. 1 of those 4 ownership categories, districts and other areas (HRS, chapt. Lantana camara (lantana), native to Achyranthes mutica is known only on 152; Hawaii Department of Agriculture the West Indies, is an aggressive, private land and Panicum niihauense is (DOA) 1981, 1991). thicket-forming shrub that produces found only on State land. Despite the existence of State laws chemicals that inhibit the growth of Eight of the taxa have one or more and regulations that protect Hawaii’s other plant species. Lantana can now be populations in State NARs, where rules native plants, their enforcement is found on all of the main islands in and regulations for the protection of difficult due to limited funding and mesic forests, dry shrublands, and other resources apply (Hawaii Revised personnel. Federal listing of these 14 dry, disturbed habitats (Cuddihy and Statutes (HRS), sect. 195–5). The plant taxa would reinforce and Stone 1990, Smith 1985, Wagner et al. majority of the populations of the 14 supplement the protection available 1990). On Kauai, lantana poses a threat taxa are located on land classified under the State Act and other laws. to two populations of Euphorbia Listing under the Federal Act would within conservation districts and owned haeleeleana and one population of trigger many additional State law by the State of Hawaii or private Isodendrion laurifolium within Kuia protections. Hawaii’s endangered companies or individuals. Regardless of NAR, three other populations of E. species act states, ‘‘Any species of the owner, lands in these districts are haeleeleana, three other populations of aquatic life, wildlife, or land plant that regarded as necessary for the protection I. laurifolium, and one population of I. has been determined to be an of endemic biological resources, and longifolium. In the Waianae Mountains endangered species pursuant to the of Oahu, one population each of maintenance or enhancement of the [Federal] Endangered Species Act shall Cenchrus agrimonioides and Cyanea conservation of natural resources. be deemed to be an endangered species grimesiana ssp. grimesiana and three Activities permitted in conservation under the provisions of this chapter populations of Schiedea hookeri are districts are chosen by considering how *** ’’ (HRS, sect. 195D–4(a)). immediately threatened by this shrub best to make multiple use of the land Therefore, Federal listing automatically (HHP 1994d8, 1994e34, 1994g1, 1994g3, (HRS, sect. 205–2). Some uses, such as invokes listing under Hawaii State law. 1994g7, 1994g14, 1994h9, 1994h11, maintaining animals for hunting, are State law prohibits cutting, collecting, 1994h15, 1994h21, 1994m13, 1994m15, based on policy decisions, while others, uprooting, destroying, injuring, or 1994m17; HPCC 1993b; Lorence and such as preservation of endangered possessing any listed species of plant on Flynn 1993). species, are mandated by both Federal State or private land, or attempting to and State laws. Requests for engage in any such conduct. The State Psidium cattleianum (strawberry amendments to district boundaries or law encourages conservation of such guava), an invasive shrub or small tree variances within existing classifications species by State agencies and triggers native to tropical America, has become can be made by government agencies other State regulations to protect the widely naturalized on all of the main and private landowners (HRS, sect. 205– species (HRS, sect. 195AD–4 and 5). Hawaiian islands, forming dense stands 4). Before decisions about these requests State laws relating to the conservation of that exclude other plant species in are made, the impact of the proposed biological resources allow for the disturbed areas (Cuddihy and Stone reclassification on ‘‘preservation or acquisition of land as well as the 1990). This alien plant grows primarily maintenance of important natural development and implementation of in mesic and wet habitats and is systems or habitat’’ (HRS, sects. 205–4, programs concerning the conservation dispersed mainly by feral pigs and fruit- 205–17) as well as the maintenance of of biological resources (HRS, sect. eating birds (Smith 1985, Wagner et al. natural resources is required to be taken 195D–5(a)). The State also may enter 1990). Strawberry guava is considered to into account (HRS, sects. 205–2, 205–4). into agreements with Federal agencies be one of the greatest alien plant threats Before any proposed land use that will to administer and manage any area to Hawaiian rain forests and is known occur on State land, is funded in part or required for the conservation, to pose a direct threat to at least one whole by county or State funds, or will management, enhancement, or population each of Euphorbia occur within land classified as a protection of endangered species (HRS, haeleeleana and Isodendrion conservation district, an environmental sect. 195D–5(c)). Funds for these laurifolium and four populations of I. assessment is required to determine activities could be made available under longifolium on the island of Kauai (HHP whether the environment will be section 6 of the Act (State Cooperative 1994g7, 1994h11, 1994i15, 1994i16; significantly affected (HRS, chapt. 343). Agreements). Lorence and Flynn 1991, 1993). If it is found that an action will have a E. Other natural or manmade factors Strawberry guava is a major invader of significant effect, preparation of a full affecting its continued existence. All 14 forests in the Waianae and Koolau Environmental Impact Statement is of the taxa in this final rule are Mountains of Oahu, where it often required. Hawaii environmental policy, threatened by competition with one or forms single-species stands. It poses an and thus approval of land use, is more alien plant taxa (see Table 2). The immediate threat to two populations required by law to safeguard ‘‘ * * * the most significant of these are Lantana each of Cenchrus agrimonioides and I. State’s unique natural environmental camara (lantana), Psidium cattleianum laurifolium and one population each of characteristics * ** ’’ (HRS, sect. 344– (strawberry guava), Schinus Cyanea grimesiana ssp. grimesiana, 3(1)). The Hawaii DLNR is mandated to terebinthifolius (Christmas berry), Euphorbia haeleeleana, I. laurifolium, I. initiate changes in conservation district Rubus rosifolius (thimbleberry), longifolium, and Schiedea hookeri (HHP boundaries to include ‘‘the habitat of Clidemia hirta (Koster’s curse), Grevillea 1994d8, 1994d12, 1994e34, 1994g13, rare native species of flora and fauna robusta (silk oak), Melinis minutiflora 1994h18, 1994h20, 1994i2, 1994m12). within the conservation district’’ (HRS, (molasses grass), Paspalum conjugatum On Lanai, this invasive alien plant sect. 195D–5.1). Six of the taxa in this (Hilo grass), Psidium guajava (common threatens one of that island’s final rule are threatened by four plants guava), Ageratina adenophora (Maui populations of Cyanea grimesiana ssp. considered by the State of Hawaii to be pamakani), and Ageratina riparia grimesiana (HHP 1994e37). 53120 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Schinus terebinthifolius (Christmas recently spread to five other islands, Psidium guajava (common guava), a berry), introduced to Hawaii before and immediately threatens two shrub or small tree native to the New 1911, is a fast-growing tree or shrub populations of I. longifolium in Waioli World tropics, is naturalized on all of invading most mesic to wet lowland Valley on Kauai, and one of the two the main islands, except perhaps Niihau areas of the major Hawaiian Islands populations of Cyanea grimesiana ssp. and Kahoolawe (Wagner et al. 1990). (Wagner et al. 1990). Christmas berry is grimesiana on Molokai (HHP 1994e7, Common guava is a serious weed that distributed mainly by feral pigs and 1994e34, 1994h17, 1994i2, 1994i17, invades disturbed sites, forming dense fruit-eating birds and forms dense 1994m11, 1994z1; Lorence and Flynn thickets in dry as well as mesic and wet thickets that shade out and displace 1993; H. Bornhorst and S. Perlman, in forests (Smith 1985, Wagner et al. 1990). other plants (Cuddihy and Stone 1990, litt. 1992). On Kauai, common guava poses a threat Smith 1985, Stone 1985). It is a major Grevillea robusta (silk oak), native to to a population of Isodendrion component of the mesic forests of the Queensland and New South Wales, longifolium in Waioli Valley (Lorence Waianae and Koolau Mountains of Australia, was extensively planted in and Flynn 1993). In the Waianae Oahu. Two-thirds of the Cenchrus Hawaii for timber and is now Mountains of Oahu, this alien plant agrimonioides populations, one-third of naturalized on most of the main threatens the largest populations of the Isodendrion laurifolium Hawaiian Islands (Smith 1985, Wagner Schiedea hookeri and S. nuttallii, while populations, 1 of 2 known populations et al. 1990). On Kauai, this alien tree on the island of Hawaii, common guava of Phyllostegia parviflora, and 6 of 11 threatens Euphorbia haeleeleana in threatens the only known population of populations of Schiedea hookeri are Hipalau Valley. In the Waianae Achyranthes mutica (HHP 1994m13, negatively affected by this invasive Mountains of Oahu, silk oak negatively 1994n2; HPCC 1992a). plant (HHP 1994d8, 1994d11, 1994d12, affects one population each of Cenchrus Ageratina adenophora (Maui 1994d14, 1994h2, 1994h16, 1994h18, agrimonioides, E. haeleeleana, pamakani) and A. riparia (Hamakua 1994h20, 1994m5, 1994m11, 1994m15 Isodendrion laurifolium, Schiedea pamakani), both native to tropical to 1994m17; 1994y1). hookeri, and S. nuttallii (HHP 1994d8, America, have naturalized in dry areas Rubus rosifolius (thimbleberry), 1994g14, 1994h16, 1994m13, 1994n2). to wet forest on Oahu, Molokai, Lanai, native to Asia, is naturalized in Maui, and Hawaii (Wagner et al. 1990). First introduced to the Hawaiian disturbed mesic to wet forest on all of These two noxious weeds form dense Islands as cattle fodder, Melinis the main Hawaiian Islands (Cuddihy mats with other alien plants and prevent minutiflora (molasses grass) was later and Stone 1990). On Kauai, this shrub regeneration of native plants (Anderson planted for erosion control (Cuddihy poses a threat to the largest population et al. 1992). In the Waianae Mountains and Stone 1990). This alien grass of Euphorbia haeleeleana, two of Oahu, two populations of Schiedea quickly spread to dry and mesic forests populations of Isodendrion laurifolium, hookeri are threatened by both Maui previously disturbed by ungulates. five populations of I. longifolium, and pamakani and Hamakua pamakani, and Molasses grass produces a dense mat one population of Schiedea kauaiensis the largest population of Phyllostegia capable of smothering plants, essentially (HHP 1994g1, 1994h9, 1994h11, parviflora is threatened by Maui 1994i13, 1994i15 to 1994i17; HPCC preventing seedling growth and native pamakani (HHP 1994m16, 1994m17, 1992c2; Lorence and Flynn 1993). One plant reproduction (Cuddihy and Stone 1994y1). On Hawaii, the only known of the two populations of Cyanea 1990, Smith 1985). Because it burns population of Achyranthes mutica is grimesiana ssp. grimesiana on Lanai is readily and often grows at the border of threatened by Hamakua pamakani threatened by thimbleberry (HHP forests, molasses grass tends to carry fire (HPCC 1992a). 1994e37). into areas with woody native plants Rubus argutus (prickly Florida Clidemia hirta (Koster’s curse), a (Cuddihy and Stone 1990, Smith 1985). blackberry) was introduced to the noxious shrub native to tropical It is able to spread prolifically after a Hawaiian Islands in the late 1800s from America, is found in mesic to wet fire and effectively out-compete less the continental U.S. (Haselwood and forests on at least six islands in Hawaii fire-adapted native plant species, Motter 1983). The fruits are easily (Almeda 1990, Hawaii Department of ultimately creating a stand of alien grass spread by birds to open areas such as Agriculture 1981, Smith 1992). Koster’s where forest once stood. In the Waianae disturbed mesic or wet forests, where curse was first reported on Oahu in Mountains on Oahu, molasses grass is a the species forms dense, impenetrable 1941 and had spread through much of serious threat to one population each of thickets (Smith 1985). The largest the Koolau Mountains by the early Cenchrus agrimonioides and Euphorbia population of Cenchrus agrimonioides 1960s. Koster’s curse spread to the haeleeleana and two populations of on Oahu is threatened by prickly Waianae Mountains around 1970 and is Schiedea hookeri (HHP 1994d11, Florida blackberry, as well as other alien now widespread throughout the 1994g10, 1994m8, 1994m11). plant taxa (HHP 1994d8). Leucaena southern half of that mountain range. Paspalum conjugatum (Hilo grass) is leucocephala (koa haole) is a This noxious plant forms a dense naturalized in moist to wet disturbed naturalized shrub which is sometimes understory, shading out other plants areas on all of the main Hawaiian the dominant species in low elevation, and hindering plant regeneration Islands except Niihau and Kahoolawe, dry, disturbed areas on all of the main (Cuddihy and Stone 1990). In the and produces a dense ground cover. On Hawaiian islands (Geesink et al. 1990). Waianae Mountains of Oahu, Koster’s Kauai, this perennial grass threatens the On Kauai, the only known population of curse poses a serious threat to two Wahiawa Mountains and Waioli Valley Panicum niihauense is threatened by populations of Cyanea grimesiana ssp. populations of Isodendrion longifolium several alien plants, including koa haole grimesiana, one population of (HHP 1994i15, 1994i17; Lorence and (HHP 1994j3, HPCC 1992b). Oahu’s only Isodendrion longifolium, the largest Flynn 1991, 1993). In the Waianae known population of Cyperus population of Phyllostegia parviflora, Mountains of Oahu, Hilo grass threatens trachysanthos is threatened by alien and one of the largest populations of one population of Cenchrus grasses and possibly by koa haole (HHP Schiedea hookeri. Koster’s curse also agrimonioides and the largest 1994f1; J. Lau, pers. comm. 1994). The threatens one population of I. population of Schiedea hookeri (HHP largest population of C. trachysanthos, laurifolium in Oahu’s Koolau 1994d11, 1994m13; Lorence and Flynn in the Nualolo Valley on Kauai, is Mountains. This prolific alien plant has 1993). threatened by established alien species Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53121

Plantago lanceolata and Pteris vittata Oahu (HHP 1994l1, O’Connor 1990). from naturally occurring events. A (Kenneth Wood, pers. comm. 1996). Kalanchoe pinnata (air plant) is an herb single human-caused or natural Plantago lanceolata, native to Europe which occurs on all the main islands environmental disturbance could and north-central Asia, was first except Niihau and Kahoolawe, destroy a significant percentage of the collected on Kauai in 1895 and is now especially in dry to mesic areas (Wagner individuals or the only extant naturalized and locally common in the et al. 1990). Air plant threatens one population. Two of the plant taxa, Hawaiian Islands (Wagner et al. 1990). population of Schiedea kauaiensis Achyranthes mutica and Panicum Prosopis pallida (kiawe) was introduced (HPCC 1992c2). niihauense, are each known from a to Honolulu from a single seed grown Fire poses a potential threat to single population. Five additional taxa on the Catholic Mission Grounds in populations of six of the taxa—Cenchrus have 5 or fewer populations (Cyperus 1828. In the early part of this century, agrimonioides, Cyanea grimesiana ssp. trachysanthos, Phyllostegia parviflora, pods were collected and sold to grimesiana, Euphorbia haeleeleana, Platanthera holochila, Sanicula ranchers for cattle ration. The seeds pass Isodendrion longifolium, Schiedea purpurea, and Schiedea kauaiensis), through the digestive system of cattle hookeri, and S. nuttallii (HHP 1994e1, and 8 of the taxa are estimated to and spread rapidly throughout the drier 1994e34, 1994g5, 1994g6, 1994g10, number no more than 100 individuals habitats of the Hawaiian islands 1994i2, 1994m8, 1994m12, 1994m15 to (A. mutica, Cenchrus agrimonioides, (Geesink et al. 1990). The only known 1994m17). Because Hawaii’s native Cyanea grimesiana ssp. grimesiana, P. population of Panicum niihauense is plants have evolved with only niihauense, Phyllostegia parviflora, threatened by kiawe (HHP 1994j3, HPCC infrequent, naturally occurring episodes Platanthera holochila, S. kauaiensis, 1992b). of fire (lava flows, infrequent lightning and S. nuttallii). All of the taxa either strikes), most species are not adapted to Pennisetum clandestinum (Kikuyu number fewer than 20 populations or fire and are unable to recover well after grass), an aggressive, perennial grass total fewer than 1,000 individuals (see recurring fires. Alien plants are often introduced to Hawaii as a pasture grass, Table 2). The small gene pool more fire-adapted than native taxa and withstands trampling and grazing and is maintained by these taxa may depress quickly exploit suitable habitat after a naturalized on four Hawaiian Islands in reproductive vigor through inbreeding fire (Cuddihy and Stone 1990). On dry to mesic forest. It produces thick and decreased variability. Variability in Oahu, unintentionally ignited fires have mats which choke out other plants and genetic makeup of a population resulted from military training exercises provides resilience to that population by prevent their seedlings from in Makua Military Reservation and establishing and has been declared a decreasing the chances that an entire Schofield Barracks Military Reservation cohort is negatively impacted by a noxious weed by the U.S. Department of and pose a possible threat to Agriculture (7 CFR 360) (O’Connor selective episode. Some individuals populations of C. agrimonioides, E. may prove more resistant or hardy than 1990, Smith 1985). Kikuyu grass is a haeleeleana, and S. nuttallii that grow threat to the only known population of others and survive the event, allowing in dry and mesic forest on those the population to persist. Small Achyranthes mutica (HPCC 1992a). The installations (Environment Impact introduced fern Blechnum occidentale populations with low variability stand Study Corp. 1977; HHP 1994a, 1994b, less chance of survival. was noted by Dr. Clifford Smith of the 1994d11, 1994g5, 1994g6, 1994g10, University of Hawaii as a potential pest 1994n14; Yoshioka et al. 1991). The Service has carefully assessed the in 1985 (Cuddihy and Stone 1990, Accidentally or maliciously set fires in best scientific and commercial Smith 1985). Found in mesic forests, B. residential areas near the Lualualei information available regarding the past, occidentale is a threat to one population Naval Magazine and the Makua Military present, and future threats faced by of Schiedea kauaiensis (HHP 1994n18). Reservation could easily spread and these taxa in determining to issue this Conyza bonariensis (hairy horseweed) is pose a possible threat to one of the four final rule. Based on this evaluation, the nearly cosmopolitan in distribution, populations of C. agrimonioides, most of preferred action is to list 13 of these although it is perhaps native to South the island’s individuals of E. plant taxa as endangered (Achyranthes America. It was naturalized in Hawaii haeleeleana, one population of I. mutica, Cenchrus agrimonioides, prior to 1871 and is a common weed in longifolium, several populations of S. Cyanea grimesiana ssp. grimesiana, various urban and non-urban areas hookeri, and one population of S. Cyperus trachysanthos, Euphorbia throughout Hawaii, generally in dry nuttallii (HHP 1994d11, 1994g5, 1994g6, haeleeleana, Isodendrion laurifolium, habitats. It threatens the only known 1994g10, 1994i2, 1994m8, 1994m15 to Panicum niihauense, Phyllostegia population of Achyranthes mutica 1994m17, 1994n14). parviflora, Platanthera holochila, (HPCC 1992a, Wagner et al. 1990). Erosion, landslides, and rockslides Sanicula purpurea, Schiedea hookeri, Opuntia ficus-indica (panini) was due to natural weathering result in the Schiedea kauaiensis, and Schiedea introduced to Hawaii prior to 1809 from death of individual plants as well as nuttallii) and Isodendrion longifolium as Mexico and has become naturalized in habitat destruction. This especially threatened. The 13 taxa to be listed as dry, disturbed habitats on Kauai, Oahu, affects the continued existence of taxa endangered are threatened by one or Maui, Kahoolawe, and Hawaii. Panini or populations found on cliffs and steep more of the following—habitat threatens the only known population of slopes that have limited numbers and/ degradation and/or predation by pigs, A. mutica (HPCC 1992a, Wagner et al. or narrow ranges such as the Oahu goats, deer, cattle, and rats; competition 1990). Axonopus fissifolius (narrow- populations of Cyanea grimesiana ssp. for space, light, water, and nutrients leaved carpet grass) is native to grimesiana; the Pahole-Makua Ridge from alien plants; habitat loss from fires; subtropical North America and the New population of Schiedea nuttallii on human impacts from military training World tropics. Introduced to Hawaii in Oahu; and the Kalalau Valley practices and recreational activities; and 1912, narrow-leaved carpet grass has population of S. kauaiensis on Kauai substrate loss. Seven of the taxa have 5 become common in wet pastures, (HHP 1994n2; HPCC 1992c2; L. or fewer populations, and 8 of the taxa disturbed wet forest, and bogs on Kauai, Mehrhoff, pers. comm. 1995). are estimated to number no more than Oahu, Lanai, Maui, and Hawaii. The small number of populations and 100 individuals. Small population size Narrow-leaved carpet grass is a threat to individuals of many of these taxa and limited distribution make these taxa one population of Sanicula purpurea on increases the potential for extinction particularly vulnerable to extinction 53122 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations from reduced reproductive vigor or from to the species, or (2) such designation of Recognition through listing can naturally occurring events. Because critical habitat would not be beneficial encourage and result in conservation these 13 taxa are in danger of extinction to the species. actions by Federal, State, and local throughout all or a significant portion of As discussed under Factor B, these agencies, private organizations, and their ranges, they fit the definition of taxa are threatened by overcollection, individuals. The Act provides for endangered as defined in the Act. due to low numbers or population size. possible land acquisition and Therefore, the determination of The publication of precise maps and cooperation with the State and requires endangered status for these 13 taxa is descriptions of critical habitat in the that recovery actions be carried out for warranted. Federal Register and local newspapers all listed species. The protection Although populations of Isodendrion as required in a proposal for critical required of Federal agencies and the longifolium are threatened by habitat habitat would increase the degree of prohibitions against certain activities degradation and/or destruction by goats threat to these plants from take or involving listed plants are discussed, in and pigs and competition with six alien vandalism and, therefore, could part, below. plant species, the larger distribution of contribute to their decline. The listing of Section 7(a) of the Act, as amended, populations and total numbers of plants these taxa publicizes the rarity of the requires Federal agencies to evaluate reduce the likelihood that this species plants and, thus, can make these plants their actions with respect to any species will become extinct in the near future. attractive to researchers, curiosity that is proposed or listed as endangered For these reasons, I. longifolium is not seekers, or collectors of rare plants. or threatened and with respect to its now in immediate danger of extinction The additional protection provided by critical habitat, if any is being throughout all or a significant portion of the designation of critical habitat to a designated. Regulations implementing its range. However, I. longifolium is species would be granted through this interagency cooperation provision likely to become endangered in the section 7 of the Act. Section 7(a) of the of the Act are codified at 50 CFR part foreseeable future if the threats affecting Act, as amended, requires Federal 402. Section 7(a)(4) requires Federal it are not reduced. As a result, I. agencies to evaluate their actions with agencies to confer with the Service on longifolium meets the definition of respect to any species that is proposed any action that is likely to jeopardize threatened species as defined in the Act. or listed as endangered or threatened the continued existence of a species Critical habitat is not being designated and with respect to its critical habitat, proposed for listing or result in for the 14 taxa included in this rule for if any is designated. Section 7(a)(2) destruction or adverse modification of reasons discussed in the ‘‘Critical requires Federal agencies to insure that proposed critical habitat. If a species is Habitat’’ section of this rule. activities they authorize, fund, or carry listed subsequently, section 7(a)(2) out are not likely to jeopardize the Critical Habitat requires Federal agencies to ensure that continued existence of such a species or activities they authorize, fund, or carry Critical habitat is defined in section 3 destroy or adversely modify its critical out are not likely to jeopardize the of the Act as—(i) The specific areas habitat. The 14 species in this rule are continued existence of a listed species within the geographical area occupied confined to small geographic areas, and or to destroy or adversely modify its by a species, at the time it is listed in each population is composed of so few critical habitat. If a Federal action may accordance with the Act, on which are individuals that the determinations for affect a listed species or its critical found those physical or biological jeopardy to the species and adverse habitat, the responsible Federal agency features (I) essential to the conservation modification of critical habitat would be must enter into formal consultation with of the species and (II) that may require similar. Therefore, designation of the Service. special management consideration or critical habitat provides no benefits Nine of the endangered taxa occur on protection; and (ii) specific areas beyond those that these species would land under Federal jurisdiction, outside the geographical area occupied receive by virtue of their listing as including the U.S. Army and U.S. Navy. by a species at the time it is listed, upon endangered species, and would likely Of those, four taxa are found on a determination that such areas are increase the risk of threat from federally owned land and six taxa occur essential for the conservation of the collecting or other human activities. on land leased by the Federal species. ‘‘Conservation’’ means the use Critical habitat protections apply only to government from the State. Activities of all methods and procedures needed Federal actions, and provide little added carried out by the U.S. Army include to bring the species to the point at protection for populations occurring on ordnance training practices, ground which listing under the Act is no longer State or private land. All involved troop training activities, and necessary. parties and the major landowners have construction, maintenance, and Section 4(a)(3) of the Act, as been notified of the location and utilization of helicopter landing and amended, and implementing regulations importance of protecting the habitat of drop-off sites. The Army is coordinating (50 CFR 424.12) require that, to the these taxa. Additional protection of the with TNCH to develop management maximum extent prudent and habitat of these taxa will be addressed plans for Schofield Barracks Military determinable, the Secretary designate through the recovery process and Reservation, Kawailoa Training Area, critical habitat at the time a species is through the section 7 consultation and Makua Military Reservation to limit determined to be endangered or process. For this reason Service the impact of these activities on threatened. The Service finds that concludes that designation of critical endangered species and their habitats. designation of critical habitat is not habitat for these 14 taxa is not prudent The Navy is in the process of prudent for the 14 taxa in this rule. at this time. developing a management plan for Service regulations (50 CFR Lualualei Naval Magazine. 424.12(a)(1)) state that designation of Available Conservation Measures The Act and its implementing critical habitat is not prudent when one Conservation measures provided to regulations set forth a series of general or both of the following situations species listed as endangered or prohibitions and exceptions that apply exist—(1) The species is threatened by threatened under the Act include to all endangered and threatened plants. taking or other human activity, and recognition, recovery actions, With respect to the 14 taxa in this rule, identification of critical habitat can be requirements for Federal protection, and all prohibitions of section 9(a)(2) of the expected to increase the degree of threat prohibitions against certain activities. Act, implemented by 50 CFR 17.61 for Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53123 endangered plants and 17.71 for impacts of the species’ listing on pursuant to section 4(a) of the threatened plants, would apply. These proposed and ongoing activities within Endangered Species Act of 1973, as prohibitions, in part, make it illegal for the species’ range. Nine of the taxa amended. A notice outlining the any person subject to the jurisdiction of occur on Federal lands under the Service’s reasons for this determination the United States to import or export, jurisdiction of the U.S. Army or U.S. was published in the Federal Register transport in interstate or foreign Navy. Collection, damage, or on October 25, 1983 (48 FR 49244). commerce in the course of a commercial destruction of these taxa on Federal Required Determinations activity, sell or offer for sale in interstate lands is prohibited although in or foreign commerce; remove and appropriate cases a Federal endangered The Service has examined this reduce the species to possession from species permit may be issued to allow regulation under the Paperwork areas under Federal jurisdiction. In collection. Such activities on non- Reduction Act of 1995 and found it to addition, for plants listed as Federal lands would constitute a contain no information collection endangered, the Act prohibits the violation of section 9 if conducted in requirements. This rulemaking was not malicious damage or destruction on knowing violation of Hawaii State law subject to review by the Office of areas under Federal jurisdiction and the or regulations or in violation of State Management and Budget under removal, cutting, digging up, or criminal trespass law. The Service is not Executive Order 12866. aware of any trade in these species. damaging or destroying of such plants References Cited in knowing violation of any State law or Questions regarding whether specific regulation, including State criminal activities will constitute a violation of A complete list of all references cited trespass law. Section 4(d) of the Act section 9 should be directed to the Field herein is available upon request from allows for the provision of such Supervisor of the Service’s Pacific the Pacific Islands Ecoregion Office (see protection to threatened species through Islands Office (see ADDRESSES section). ADDRESSES section). Requests for copies of the regulations regulation. This protection may apply to Author Isodendrion longifolium in the future if concerning listed plants and general regulations are promulgated. Seeds from inquiries regarding prohibitions and The authors of this rule are Christa cultivated specimens of threatened permits may be addressed to the Fish Russell and Marie M. Bruegmann, plants are exempt from these and Wildlife Service, Ecological Pacific Islands Ecoregion Office (see prohibitions provided that their Services, Endangered Species Permits ADDRESSES section). Branch, 911 N.E. 11th Avenue, Portland, containers are marked ‘‘Of Cultivated List of Subjects in 50 CFR Part 17 Origin.’’ Certain exceptions to the Oregon 97232–4181 (telephone: 503/ prohibitions apply to agents of the 231–6241; facsimile: 503/231–6243). Endangered and threatened species, Exports, Imports, Reporting and Service and State conservation agencies. Hawaii State Law recordkeeping requirements, The Act and 50 CFR 17.62, 17.63, and Federal listing will automatically Transportation. 17.72 also provide for the issuance of invoke listing under the State’s permits to carry out otherwise endangered species act. Hawaii’s Regulation Promulgation prohibited activities involving Endangered Species Act states, ‘‘Any Accordingly, part 17, subchapter B of endangered or threatened plants under species of aquatic life, wildlife, or land chapter I, title 50 of the Code of Federal certain circumstances. Such permits are plant that has been determined to be an Regulations, is amended as set forth available for scientific purposes and to endangered species pursuant to the below: enhance the propagation or survival of [Federal] Endangered Species Act shall the species. For threatened plants, be deemed to be an endangered species PART 17Ð[AMENDED] permits are also available for botanical under the provisions of this chapter 1. The authority citation for part 17 or horticultural exhibition, educational ** *’’ (Hawaii Revised Statutes (HRS), continues to read as follows: purposes, or special purposes consistent sect. 195D–4(a)). The State law prohibits with the purposes of the Act. It is taking of listed species on private and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. anticipated that few permits would be State lands and encourages conservation 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– sought or issued because these 14 taxa by State agencies (HRS, sect. 195D–4). 625, 100 Stat. 3500, unless otherwise noted. are not common in cultivation or in the 2. Section 17.12(h) is amended by National Environmental Policy Act wild. adding the following, in alphabetical It is the policy of the Service (59 FR The Service has determined that order under FLOWERING PLANTS, to 34272) to identify to the maximum Environmental Assessments or the List of Endangered and Threatened extent practicable at the time a species Environmental Impact Statements, as Plants to read as follows: is listed those activities that would or defined under the authority of the would not constitute a violation of National Environmental Policy Act of § 17.12 Endangered and threatened plants. section 9 of the Act. Such information 1969, need not be prepared in * * * * * is intended to clarify the potential connection with regulations adopted (h) * * *

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

FLOWERING PLANTS: ******* Achyranthes mutica ...... None ...... U.S.A. (HI) ...... Amaranthaceae ..... E 592 NA NA ******* Cenchrus agrimonioides ...... Kamanomano ...... U.S.A. (HI) ...... Poaceae ...... E 592 NA NA ******* Cyanea grimesiana ssp. grimesiana ..... Haha ...... U.S.A. (HI) ...... Campanulaceae .... E 592 NA NA 53124 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

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

******* Cyperus trachysanthos ...... Pu'uka'a ...... U.S.A. (HI) ...... Cyperaceae ...... E 592 NA NA ******* Euphorbia haeleeleana ...... 'Akoko ...... U.S.A. (HI) ...... Euphorbiaceae ...... E 592 NA NA ******* Isodendrion laurifolium ...... Aupaka ...... U.S.A. (HI) ...... Violaceae ...... E 592 NA NA ******* Isodendrion longifolium ...... Aupaka ...... U.S.A. (HI) ...... Violaceae ...... T 592 NA NA ******* Panicum niihauense ...... Lau 'ehu ...... U.S.A. (HI) ...... Poaceae ...... E 592 NA NA ******* Phyllostegia parviflora ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E 592 NA NA ******* Platanthera holochila ...... None ...... U.S.A. (HI) ...... Orchidaceae ...... E 592 NA NA ******* Sanicula purpurea ...... None ...... U.S.A. (HI) ...... Apiaceae ...... E 592 NA NA ******* Schiedea hookeri ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA ******* Schiedea kauaiensis ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA ******* Schiedea nuttallii ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA *******

Dated: September 24, 1996. hours at the Pacific Islands Ecoregion and 3 to 10 cm (1 to 4 in) wide. The 5 John G. Rogers, Office, U.S. Fish and Wildlife Service, to 15 flowering stalks each bear 5 to 20 Acting Director, Fish and Wildlife Service. 300 Ala Moana Boulevard, Room 6307, greenish-white, slightly down-curved [FR Doc. 96–25556 Filed 10–9–96; 8:45 am] P.O. Box 50167, Honolulu, Hawaii flowers 1.6 to 2.5 cm (0.6 to 1.0 in) long BILLING CODE 4310±55±P 96850. with one or two small knobs on the FOR FURTHER INFORMATION CONTACT: upper surfaces. The fruits are ovoid to Marie M. Bruegmann, at the above globose purple berries 0.6 to 1.2 cm (0.2 50 CFR Part 17 address or telephone 808–541–3441. to 0.4 in) long. The three subspecies of D. undulata can be distinguished from RIN 1018ÐAC56 SUPPLEMENTARY INFORMATION: each other by leaf shape and leaf margin Endangered and Threatened Wildlife Background characteristics—subsp. kauaiensis has and Plants; Endangered Status for the ovate leaves with flat, sharply toothed Delissea undulata was first described margins; subsp. niihauensis has leaves Plant Delissea undulata (No Common by Charles Gaudichaud-Beaupre from Name) with heart-shaped bases and shallow specimens he collected in the Hawaiian roundly toothed margins; and subsp. AGENCY: Fish and Wildlife Service, Islands (‘‘Isles Sandwich’’) in 1819 (St. undulata has narrower, lance-shaped Interior. John 1959). He chose the specific leaves with undulating margins and ACTION: Final rule. epithet to refer to the undulating spreading, pointed teeth (Lammers margins of the leaves. F.E. Wimmer 1988, 1990). The species D. undulata is SUMMARY: The U.S. Fish and Wildlife named a specimen J.F. Rock collected in distinguished from closely related Service (Service) determines 1911 from Kanahaha, Kona, as Cyanea species in this genus by its broader leaf endangered species status pursuant to argutidenta, which H. St. John later bases, larger flowers, and larger berries the Endangered Species Act of 1973, as moved to the genus Delissea (St. John (Lammers 1990). amended (Act), for the plant Delissea 1959, Wimmer 1943). St. John also Historically, Delissea undulata is undulata (No Common Name). This named a specimen collected in 1968 known from Niihau, Kauai, Maui, and species is known in the wild from only from the southern Kona District as D. Hawaii. Subspecies kauaiensis was a single individual, located on the konaensis (St. John 1986). The current collected west of the Hanapepe River on island of Hawaii. The greatest treatment of the family (Lammers 1988, the island of Kauai by A.A. Heller in immediate threats to the survival of this 1990) considers all of the above species 1895 and has not been relocated (Hawaii species are habitat degradation and to be synonymous with D. undulata. Heritage Program (HHP) 1991a, Heller predation by domestic and feral Lammers recognizes three subspecies of 1897, Lammers 1988). Subspecies mammals, fire, and competition with D. undulata—subsp. niihauensis, subsp. niihauensis was collected twice in the alien plants. The small population size kauaiensis, and subsp. undulata 1800’s on the island of Niihau and has of one individual with its limited gene (Lammers 1988, 1990). not been located since (HHP 1991b, pool also comprises a serious threat to Delissea undulata of the bellflower Hillebrand 1888, St. John 1959). Both of this species. This rule implements the family (Campanulaceae) is a palm-like these subspecies are considered extinct protection provisions provided by the tree with unbranched woody stems 2 to (HHP 1991a, 1991b; Lammers 1990). Act for this species. 10 meters (m) (6 to 30 feet (ft)) tall. The Delissea undulata subsp. undulata was EFFECTIVE DATE: November 12, 1996. leaves are long and narrow or elliptic reported from four valleys of ADDRESSES: The complete file for this with long petioles and undulate or flat, southwestern Maui in the 1800’s, and rule is available for public inspection, toothed margins, about 5 to 21 from the Kona region of the island of by appointment, during normal business centimeters (cm) (2 to 8 inches (in)) long Hawaii (HHP 1991c1 to 1991c9). This