Wednesday, July 2, 2003

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and ; Final Designation and Nondesignation of Critical Habitat for 46 Species From the Island of Hawaii, HI; Final Rule

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DEPARTMENT OF THE INTERIOR Designation of Critical Habitat Provides court orders and court-approved Little Additional Protection to Species settlement agreements, compliance with Fish and Wildlife Service In 30 years of implementing the ESA, which now consumes nearly the entire the Service has found that the listing program budget. This leaves the 50 CFR Part 17 designation of statutory critical habitat Service with little ability to prioritize its activities to direct scarce listing provides little additional protection to resources to the listing program actions RIN 1018–AH02 most listed species, while consuming with the most biologically urgent significant amounts of available Endangered and Threatened Wildlife species conservation needs. conservation resources. The Service’s and Plants; Final Designation and The consequence of the critical present system for designating critical Nondesignation of Critical Habitat for habitat litigation activity is that limited habitat has evolved since its original 46 Plant Species From the Island of listing funds are used to defend active statutory prescription into a process that Hawaii, HI lawsuits, to respond to Notices of Intent provides little real conservation benefit, (NOIs) to sue relative to critical habitat, AGENCY: Fish and Wildlife Service, is driven by litigation and the courts and to comply with the growing number Interior. rather than biology, limits our ability to of adverse court orders. As a result, fully evaluate the science involved, listing petition responses, the Service’s ACTION: Final rule. consumes enormous agency resources, own proposals to list critically and imposes huge social and economic imperiled species, and final listing SUMMARY: We, the U.S. Fish and costs. The Service believes that determinations on existing proposals are Wildlife Service (Service), designate additional agency discretion would all significantly delayed. critical habitat pursuant to the allow our focus to return to those The accelerated schedules of court Act of 1973, as actions that provide the greatest benefit ordered designations have left the amended (Act), for 41 of 58 listed plant to the species most in need of Service with almost no ability to species known historically from the protection. provide for adequate public island of Hawaii. A total of Role of Critical Habitat in Actual participation or to ensure a defect-free approximately 84,200 hectares (208,063 rulemaking process before making acres) of land on the island of Hawaii Practice of Administering and Implementing the Act decisions on listing and critical habitat fall within the boundaries of the 99 proposals due to the risks associated critical habitat units designated for While attention to and protection of with noncompliance with judicially- these 41 species. This critical habitat habitat is paramount to successful imposed deadlines. This in turn fosters designation requires the Service to conservation actions, we have a second round of litigation in which consult under section 7 of the Act with consistently found that, in most those who fear adverse impacts from regard to actions carried out, funded, or circumstances, the designation of critical habitat designations challenge authorized by a Federal agency. Section critical habitat is of little additional those designations. The cycle of 4 of the Act requires us to consider value for most listed species, yet it litigation appears endless, is very economic and other relevant impacts consumes large amounts of conservation expensive, and in the final analysis when specifying any particular area as resources. [Sidle (1987) stated, ‘‘Because provides relatively little additional critical habitat. This rule also the ESA can protect species with and protection to listed species. determines that designating critical without critical habitat designation, The costs resulting from the habitat would not be prudent for four critical habitat designation may be designation include legal costs, the cost species, copelandii ssp. redundant to the other consultation of preparation and publication of the copelandii, Ochrosia kilaueaensis, requirements of section 7.’’ designation, the analysis of the Pritchardia affinis, and Pritchardia Currently, only 306 species or 25% of economic effects and the cost of schattaueri. We solicited data and the 1,211 listed species in the U.S. requesting and responding to public comments from the public on all aspects under the jurisdiction of the Service comment, and in some cases the costs of the proposed rule, including data on have designated critical habitat. We of compliance with NEPA, all are part economic and other impacts of the address the habitat needs of all 1,211 of the cost of critical habitat designation. listed species through conservation designation. None of these costs result mechanisms such as listing, section 7 DATES: in any benefit to the species that is not This rule becomes effective on consultations, the Section 4 recovery August 1, 2003. already afforded by the protections of planning process, the Section 9 the Act enumerated earlier, and they ADDRESSES: Comments and materials protective prohibitions of unauthorized directly reduce the funds available for received, as well as supporting take, Section 6 funding to the States, direct and tangible conservation actions. documentation, used in the preparation and the Section 10 incidental take Sidle, J.G. 1987. Critical Habitat of this final rule will be available for permit process. The Service believes Designation: Is it Prudent? public inspection, by appointment, that it is these measures that may make Environmental Management 11(4):429– during normal business hours at U.S. the difference between and 437. Fish and Wildlife Service, Pacific survival for many species. Islands Office, 300 Ala Moana Blvd., Background Procedural and Resource Difficulties in Room 3–122, P.O. Box 50088, Honolulu, In the List of Endangered and Designating Critical Habitat HI 96850–0001. Threatened Plants (50 CFR 17.12(h)), We have been inundated with there are 58 plant species that, at the FOR FURTHER INFORMATION CONTACT: Paul lawsuits for our failure to designate time of listing, were reported from the Henson, Field Supervisor, Pacific critical habitat, and we face a growing island of Hawaii. Islands Office at the above address number of lawsuits challenging critical Twenty-seven of these species are (telephone 808/541–3441; facsimile habitat determinations once they are endemic to the island of Hawaii, while 808/541–3470). made. These lawsuits have subjected the 31 species are reported from the island SUPPLEMENTARY INFORMATION: Service to an ever-increasing series of of Hawaii and one or more other

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Hawaiian islands. Each of these species State of Hawaii, giving rise to its represent viable populations, and the is described in more detail below in the common name, the ‘‘Big Island.’’ We number of recovery populations (e.g., 8 section named, ‘‘Discussion of Plant provided a detailed physical description to 10 with 100, 300, or 500 reproducing Taxa.’’ Although we considered for the island of Hawaii in the proposed individuals). For those species where designating critical habitat on the island critical habitat designation (67 FR we have substantial new or corrected of Hawaii for each of the 58 plant 36970). information, including revisions to the species, for reasons described below, the Species Endemic to Hawaii number occurrence, we list that final designation includes critical information below by species. For all habitat for 41 of 58 plant species. These species and their distribution by island are identified in Table 1 in the other species and additional species Species that also occur on other specific background information on the Hawaiian islands may have critical Federal Register notice proposing this species listed below please refer to the habitat designated on those other critical habitat designation (67 FR proposed rule (May 28, 2002, 67 FR islands in previous rulemakings. 36969). However, it is important to note that in this final rule we are using the 36968). The Island of Hawaii word ‘‘occurrence’’ rather than A summary of occurrences and This largest island of the Hawaiian ‘‘population’’ in most cases. This was landownership for the 58 plant species archipelago comprises 10,458 square done to avoid confusion regarding the on the island of Hawaii appears given in kilometers (sq km) (4,038 sq miles (mi)) number of location occurrences for each Table 1. or two-thirds of the land area of the species, which do not necessarily

TABLE 1.—SUMMARY OF EXISTING OCCURRENCES ON THE ISLAND OF HAWAII AND OF LANDOWNERSHIP FOR 58 SPECIES REPORTED FROM THE ISLAND OF HAWAII

Number of Landownership/jurisdiction Species current occurrences Federal State Private

Achyranthes mutica ...... 1 ...... X Adenophorus periens ...... 4 ...... X 1 XX Argyroxiphium kauense ...... 4 ...... X 1 XX Asplenium fragile var. insulare ...... 36 ...... X 12 XX Bonamia menziesii ...... 2 ...... X Cenchrus agrimonioides ...... 0 ...... Clermontia drepanomorpha ...... 2 ...... X X Clermontia lindseyana ...... 15 ...... X 3 X ...... Clermontia peleana ...... 0 ...... Clermontia pyrularia ...... 2 ...... X 1 X ...... Colubrina oppositifolia ...... 5 ...... X X Cyanea copelandii ssp. copelandii ...... 0 ...... Ctenitis squamigera ...... 0 ...... Cyanea hamatiflora ssp. carlsonii ...... 4 ...... X 3 X ...... Cyanea platyphylla ...... 6 ...... X X Cyanea shipmanii ...... 3 ...... X 3 XX Cyanea stictophylla ...... 6 ...... X X giffardii ...... 8 ...... X 1 XX Cyrtandra tintinnabula ...... 4 ...... X X Delissea undulata ...... 2 ...... X ...... Diellia erecta ...... 5 ...... X ...... Flueggea neowawraea ...... 12 ...... X X Gouania vitifolia ...... 4 ...... X ...... Hedyotis cookiana ...... 0 ...... Hedyotis coriacea ...... 41 ...... X 2 ...... Hibiscadelphus giffardianus ...... 1 (planted) .... X 1 ...... Hibiscadelphus hualalaiensis ...... 2 (planted) ...... X ...... Hibiscus brackenridgei ...... 4 ...... X X Ischaemum byrone ...... 6 ...... X 1 XX Isodendrion hosakae ...... 3 ...... X Isodendrion pyrifolium ...... 1 ...... X ...... Mariscus fauriei ...... 2 ...... X X Mariscus pennatiformis ...... 0 ...... Melicope zahlbruckneri ...... 3 ...... X 1 X ...... Neraudia ovata ...... 9 ...... X 12 XX Nothocestrum breviflorum ...... 66 ...... X 13 XX Ochrosia kilaueaensis ...... 0 ...... Phlegmariurus mannii ...... 0 ...... Phyllostegia parviflora ...... 0 ...... Phyllostegia racemosa ...... 6 ...... X 13 XX Phyllostegia velutina ...... 8 ...... X 3 XX Phyllostegia warshaueri ...... 7 ...... X X Plantago hawaiensis ...... 6 ...... X 1 X ...... Plantago princeps ...... 0 ...... Pleomele hawaiiensis ...... 22 ...... X 1 XX Portulaca sclerocarpa ...... 24 ...... X 12 XX Pritchardia affinis ...... unknown ......

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TABLE 1.—SUMMARY OF EXISTING OCCURRENCES ON THE ISLAND OF HAWAII AND OF LANDOWNERSHIP FOR 58 SPECIES REPORTED FROM THE ISLAND OF HAWAII—Continued

Number of Landownership/jurisdiction Species current occurrences Federal State Private

Pritchardia schattaueri ...... 3 ...... X Sesbania tomentosa ...... 31 ...... X 14 X ...... Sicyos alba ...... 5 ...... X 1 X ...... Silene hawaiiensis ...... 156 ...... X 12 XX Silene lanceolata ...... 69 ...... X 2 ...... Solanum incompletum ...... 1 ...... X 2 ...... Spermolepis hawaiiensis ...... 30 ...... X 12 X Tetramolopium arenarium ...... 8 ...... X 2 ...... Vigna o-wahuensis ...... 1 ...... X Zanthoxylum dipetalum var. tomentosum ...... 14 ...... X ...... Zanthoxylum hawaiiense ...... 186 ...... X 2 X ...... 1 Hawaii Volcanoes National Park. 2 PTA. 3 Hakalau Forest National Wildlife Refuge. 4 Government Services Administration

Previous Federal Action 36990), we included a detailed we list the final critical habitat summary of the previous Federal designations or nondesignations On May 28, 2002, we published the actions completed prior to publication previously completed for 46 of the 58 court-ordered proposed critical habitat of the proposal. We now provide plant species from the island of Hawaii, designations for 58 plant species from updated information on the actions that some of which also occur on other the island of Hawaii (67 FR 36968). In we have completed since the proposed islands. that proposed rule (beginning on page critical habitat designation. In Table 2,

TABLE 2.—SUMMARY OF CRITICAL HABITAT ACTIONS FOR 58 PLANT SPECIES FROM THE ISLAND OF HAWAII

Final critical habitat Species Date(s) Federal Register

Achyranthes mutica ...... NA NA Adenophorus periens ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 6/17/2003 68 FR 35949 Argyroxiphium kauense ...... NA NA Asplenium fragile var. insulare ...... 5/14/2003 68 FR 25934 Bonamia menziesii ...... 2/27/2003 68 FR 9116 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Cenchrus agrimonioides ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Clermontia drepanomorpha ...... NA NA Clermontia lindseyana ...... 5/14/2003 68 FR 25934 Clermontia peleana ...... NA NA Clermontia pyrularia ...... NA NA Colubrina oppositifolia ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Ctenitis squamigera ...... 2/27/03 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Cyanea copelandii ssp. copelandii ...... NA NA Cyanea hamatiflora ssp. carlsonii ...... NA NA Cyanea platyphylla ...... NA NA Cyanea shipmanii ...... NA NA Cyanea stictophylla ...... NA NA Cyrtandra giffardii ...... NA NA Cyrtandra tintinnabula ...... NA NA Delissea undulata ...... 2/27/2003 68 FR 9116 Diellia erecta ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Flueggea neowawraea ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949

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TABLE 2.—SUMMARY OF CRITICAL HABITAT ACTIONS FOR 58 PLANT SPECIES FROM THE ISLAND OF HAWAII—Continued

Final critical habitat Species Date(s) Federal Register

Gouania vitifolia ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Hedyotis cookiana ...... 2/27/2003 68 FR 9116 Hedyotis coriacea ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Hibiscadelphus giffardianus ...... NA NA Hibiscadelphus hualalaiensis ...... NA NA Hibiscus brackenridgei ...... 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Ischaemum byrone ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 Isodendrion hosakae ...... NA NA Isodendrion pyrifolium ...... 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Mariscus fauriei ...... 3/19/2003 68 FR 12982 Mariscus pennatiformis ...... 2/27/2003 68 FR 9116 5/14/2003 68 FR 25934 5/22/2003 68 FR 28054 6/17/2003 68 FR 35949 Melicope zahlbruckneri ...... NA NA Neraudia ovata ...... NA NA Nothocestrum breviflorum ...... NA NA Ochrosia kilaueaensis ...... NA NA Phlegmariurus mannii ...... 5/14/2003 68 FR 25934 Phyllostegia parviflora ...... 6/17/2003 68 FR 35949 Phyllostegia racemosa ...... NA NA Phyllostegia velutina ...... NA NA Phyllostegia warshaueri ...... NA NA Plantago hawaiensis ...... NA NA Plantago princeps ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Pleomele hawaiiensis ...... NA NA Portulaca sclerocarpa ...... 1/09/2003 68 FR 1220 Pritchardia affinis ...... NA NA Pritchardia schattaueri ...... NA NA Sesbania tomentosa ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Sicyos alba ...... NA NA Silene hawaiiensis ...... NA NA Silene lanceolata ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 6/17/2003 68 FR 35949 Solanum incompletum ...... NA NA Spermolepis hawaiiensis ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Tetramolopium arenarium ...... NA NA Vigna o’wahuensis ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Zanthoxylum dipetalum var. tomentosum ...... NA NA Zanthoxylum hawaiiense ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934

For many of the 58 plant species from May 28 proposal (see 65 FR 79192; 65 Cyanea copelandii ssp. copelandii and the island of Hawaii, the issue of FR 83158; 67 FR 3939; 67 FR 15856; 67 Ochrosia kilaueaensis because it would whether critical habitat would be FR 9806; 67 FR 16492; 67 FR 36968; 67 be of no benefit to these species. In the prudent was discussed in previous FR 37108). We also proposed that May 28 proposal, we proposed that proposals and incorporated into the critical habitat was not prudent for critical habitat was not prudent for two

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species of the native palm, Pritchardia comments received during the public Summary of Comments and affinis and Pritchardia schattaueri, comment periods, and to conduct a Recommendations because it would increase the threat of series of public workshops on the In the proposed rule published on vandalism or collection of those species proposals. The joint stipulations were May 28, 2002 (67 FR 36968), we on the island of Hawaii. Critical habitat approved and ordered by the court on requested that all interested parties was not proposed for seven species July 12, 2002. On August 26, 2002, we submit written comments on the (Cenchrus agrimonioides, Ctenitis published a notice (67 FR 54766) proposal. We also contacted all squamigera, Hedyotis cookiana, reopening the public comment period appropriate Federal, State, and local Mariscus pennatiformis, Phlegmariurus until September 30, 2002, on the agencies, scientific organizations, and mannii, Phyllostegia parviflora, and proposal to designate critical habitat for other interested parties and invited Plantago princeps), which no longer plants from the island of Hawaii. On them to comment. Two requests for occur on the island of Hawaii, because September 24, 2002, we published a public hearings were received. We we were unable to identify any habitat notice (67 FR 59811) announcing the announced the date, time, and locations essential to their conservation on the reopening of the comment period until of the public hearings in letters to all island. Critical habitat for 47 November 30, 2002, and a notice of a interested parties, appropriate State and (Achyranthes mutica, Adenophorus public hearing. On October 8, 2002, we Federal agencies, county governments, periens, Argyroxiphium kauense, held a public information meeting at the and elected officials, and in notices Asplenium fragile var. insulare, Hilo State Office Building, Hilo, Hawaii. published in the Federal Register (67 Bonamia menziesii, Clermontia On October 9, 2002, we held a public FR 59811) on September 24, 2002, and drepanomorpha, Clermontia information meeting at Waimea Civic in the Honolulu Star-Bulletin on lindseyana, Clermontia peleana, Center, Waimea, Hawaii. On October 29, October 11, 2002. Transcripts of the Clermontia pyrularia, Colubrina 2002, we held a public hearing at King hearings held in Kailua-Kona and Hilo oppositifolia, Cyanea hamatiflora ssp. Kamehameha Hotel, Kailua-Kona, on October 29 and 30, 2002, carlsonii, Cyanea platyphylla, Cyanea Hawaii. On October 30, 2002, we held respectively, are available for inspection shipmanii, Cyanea stictophylla, a public hearing at Hawaii Naniloa (see ADDRESSES section). Cyrtandra giffardii, Cyrtandra Resort, Hilo, Hawaii. On December 18, We received a total of 29 oral and 672 tintinnabula, Delissea undulata, Diellia 2002, we published a notice (67 FR written comments during the three erecta, Flueggea neowawraea, Gouania 77464) announcing the availability of comment periods on the proposal vitifolia, Hedyotis coriacea, the draft economic analysis on the published on May 28, 2002 (67 FR Hibiscadelphus giffardianus, proposed critical habitat and reopening 36968), and the draft economic analysis, Hibiscadelphus hualalaiensis, Hibiscus the comment period until January 17, including the public information brackenridgei, Ischaemum byrone, 2003. meetings and the public hearings held Isodendrion hosakae, Isodendrion on October 29 and October 30, 2002. pyrifolium, Mariscus fauriei, Melicope In the final rule for Lanai plants (68 These included responses from 12 State zahlbruckneri, Neraudia ovata, FR 1220), we found that critical habitat offices, the Department of Defense (7 Nothocestrum breviflorum, Phyllostegia was prudent for the following 16 multi- responses), and 10 designated peer racemosa, Phyllostegia velutina, island species that also occur on the reviewers. Approximately 586 of these Phyllostegia warshaueri, Plantago island of Hawaii: Adenophorus periens, written comments were identical letters hawaiensis, Pleomele hawaiiensis, Bonamia menziesii, Cenchrus submitted as part of a mailing campaign Portulaca sclerocarpa, Sesbania agrimonioides, Ctenitis squamigera, in support of the proposed critical tomentosa, Sicyos alba, Silene Diellia erecta, Hedyotis cookiana, habitat designations. Of the 86 parties hawaiiensis, Silene lanceolata, Solanum Hibiscus brackenridgei, Isodendrion who did not respond as part of the incompletum, Spermolepis hawaiiensis, pyrifolium, Mariscus fauriei, Portulaca mailing campaign, 21 supported the Tetramolopium arenarium, Vigna o- sclerocarpa, Sesbania tomentosa, Silene proposed designation, 78 were opposed, wahuensis, Zanthoxylum dipetalum var. lanceolata, Solanum incompletum, and 16 provided information or tomentosum, and Zanthoxylum Spermolepis hawaiiensis, Vigna o- expressed neither opposition nor hawaiiense) of 58 plant species from the wahuensis, and Zanthoxylum support for the proposed designation. island of Hawaii was proposed on hawaiiense. In the final rule for Kauai We reviewed all comments received approximately 176,968 ha (437,285 ac) and Niihau plants (68 FR 9116), we for substantive issues and new of land on the island of Hawaii (67 FR found that critical habitat was prudent information regarding critical habitat for 36968). for the following seven multi-island Achyranthes mutica, Adenophorus The publication of the proposed rule species that are also found on the island periens, Argyroxiphium kauense, opened a 60-day public comment of Hawaii: Achyranthes mutica, Delissea Asplenium fragile var. insulare, period, which closed on July 29, 2002. undulata, Flueggea neowawraea, Bonamia menziesii, Clermontia On July 11, 2002, we submitted joint Ischaemum byrone, Mariscus drepanomorpha, Clermontia stipulations to the U.S. District Court pennatiformis, Phlegmariurus mannii, lindseyana, Clermontia peleana, with Earthjustice requesting extension and Plantago princeps. In the final rule Clermontia pyrularia, Colubrina of the court orders for the final rules to for and Kahoolawe plants (68 FR oppositifolia, Cyanea hamatiflora ssp. designate critical habitat for plants from 25934), we found that critical habitat carlsonii, Cyanea platyphylla, Cyanea Lanai (December 30, 2002), Kauai and was prudent for the following eight shipmanii, Cyanea stictophylla, Niihau (January 31, 2003), Molokai multi-island species that also occur on Cyrtandra giffardii, Cyrtandra (February 28, 2003), Maui and the island of Hawaii: Asplenium fragile tintinnabula, Delissea undulata, Diellia Kahoolawe (April 18, 2003), Oahu var. insulare, Clermontia lindseyana, erecta, Flueggea neowawraea, Gouania (April 30, 2003), the Northwestern Clermontia peleana, Colubrina vitifolia, Hedyotis coriacea, Hawaiian Islands (April 30, 2003), and oppositifolia, Gouania vitifolia, Hibiscadelphus giffardianus, the island of Hawaii (May 30, 2003), Hedyotis coriacea, Phyllostegia Hibiscadelphus hualalaiensis, Hibiscus citing the need conduct additional parviflora, and Tetramolopium brackenridgei, Ischaemum byrone, review of the proposals, address arenarium. Isodendrion hosakae, Isodendrion

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pyrifolium, Mariscus fauriei, Melicope these properties on the ground. We propagation and reintroduction as zahlbruckneri, Neraudia ovata, concur with the peer reviewer on the important tasks prior to attempting Nothocestrum breviflorum, Phyllostegia importance of protecting the ecosystems reintroduction. Areas of unoccupied racemosa, Phyllostegia velutina, on which these species depend, as habitat are essential to the conservation Phyllostegia warshaueri, Plantago stated in the purpose of the Act (section of the species because they provide hawaiensis, Pleomele hawaiiensis, 2(b)), and of conserving areas large habitat for the establishment of new Portulaca sclerocarpa, Sesbania enough to maintain and expand populations. tomentosa, Sicyos alba, Silene populations. We considered the (3) Comment: Several commenters, hawaiiensis, Silene lanceolata, Solanum importance of this, as well as the including one peer reviewer, expressed incompletum, Spermolepis hawaiiensis, location of primary constituent concern regarding the Service’s decision Tetramolopium arenarium, Vigna o- elements, when delineating the to not propose critical habitat for wahuensis, Zanthoxylum dipetalum var. boundaries of critical habitat for these Pritchardia species. One reviewer tomentosum, and Zanthoxylum final designations. While we concurred with our finding that hawaiiense. Similar comments were acknowledge the potential negative designation was not prudent, citing grouped into general issues and are impacts of edge effects on small habitat their knowledge of theft and over- addressed in the following summary. fragments, we only included areas that collection of the species; however, nine provide the biological and other did not agree with the Service’s finding Peer Review processes that are essential for the that critical habitat was not prudent In accordance with our policy conservation of the species. (particularly for P. affinis and P. published on July 1, 1994 (59 FR (2) Comment: We received several schattaueri). Several commenters 34270), we solicited independent comments regarding the incorporation disagreed with the Service’s decision to opinions from 23 knowledgeable of unoccupied habitat with critical not propose critical habitat for P. affinis individuals (‘‘peer reviewers’’) with habitat. A peer reviewer commented on and P. schattaueri, stating that they felt expertise in one or several fields, the incorporation of unoccupied habitat the claim that designation would including familiarity with the species, to allow for the recovery of species that increase threats to these species was familiarity with the geographic region have been reduced to an unsustainable speculative. that the species occurs in, and number of populations and said that it Our Response: In this final rule to familiarity with the principles of is unclear whether sufficient habitat is designate or not designate critical conservation biology. We received protected to provide the minimum habitat for 58 plants from the island of comments from 10 of these reviewers. populations needed for recovery. Hawaii, we have incorporated new All generally supported our Another commenter raised the issue that information, and we have addressed methodology and conclusions. Four of more acreage of unoccupied habitat than comments and new information the peer reviewers supported the occupied habitat was being proposed as received during the comment periods. designation of critical habitat on the critical habitat. This commenter felt that However, no additional information was island of Hawaii and the other six critical habitat should encompass the provided during the comment periods neither specifically supported or best populations of each species unless that demonstrates that the threats to opposed the designation. Comments this is entirely impractical. One peer Pritchardia affinis and Pritchardia received from the peer reviewers are reviewer stated that the Service relied schattaueri from vandalism or summarized in the following section too heavily on currently occupied collection would not increase if critical and were considered in developing this habitat and did not address potential habitat were designated for these final rule. habitat that currently lacks rare species. species on the island of Hawaii. We Our Response: The recovery plans for believe that designation of critical Issue 1: Biological Justification and these species identify the need to habitat would likely increase the threat Methodology expand existing populations and re- from vandalism to or collection of these (1) Comment: A peer reviewer establish wild populations within the species of Pritchardia on the island of commented on the configuration of the historical range of each species. Due to Hawaii. First, they are easy to identify, units, stating that with irregular the extremely limited extant range of and second, they may be attractive to boundaries, the units will be difficult to many of these species, designation of collectors of rare palms either for their identify on the ground and that such only occupied areas would not allow us personal use or to trade or sell for boundaries will complicate management to achieve the recovery goals developed personal gain (Johnson 1996). We and increase the risk of fragmentation for the species. Occupied areas, as well believe that the evidence shows that and edge effects on plant populations as similar contiguous or nearby habitat species of Pritchardia may be attractive within the units. The reviewer also that occurs within the designated units to such collectors. Several nurseries noted that proposed units do not appear of critical habitat that may be occupied advertise and sell Pritchardia palms, to be representative of known in the future, provide the essential life including these and other federally geographic and elevation ranges for cycle needs of the species and provide listed Pritchardia species. species and that unit boundaries appear some or all of the habitat components (4) Comment: The majority of the peer to encompass the minimum area needed essential for the conservation (i.e., reviewers supported the multi- to capture known site localities, which primary constituent elements) of these population approach and the Service’s may not provide the full spectrum of species. definition of a population for purposes habitat conditions necessary for long- The protection of additional of recovery; however, several peer term survival and recovery. unoccupied critical habitat is essential reviewers commented on the recovery Our Response: The irregular to ensure the recovery of these species strategy of 8 to 10 populations for each boundaries are a result of attempting to through reintroduction. Although species. Two peer reviewers commented map the primary constituent elements propagation and reintroduction are that it might be difficult to achieve for each species and of the overlapping difficult for some species, both are recovery plan goals of 8 to 10 effect of multiple species’ critical vitally important to their recovery. populations for each species as some of habitat. Universal Transverse Mercator Many recovery plans therefore include these species are rare, localized island coordinates are given to help locate research into best methods of endemics that likely never had 8 to 10

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populations throughout their current conservation biology theory and Our Response: In order to be included evolutionary history and that the practice. This is particularly important in a critical habitat designation, if Service assumes that each population to consider when developing a within range occupied by the species at will be viable in the future when there propagation and reintroduction time of listing, habitat must contain the is no guarantee of this. program, to ensure that recovery efforts biological or physical features essential Our Response: The recovery do not cause or exacerbate genetic to the conservation of the species and objectives found in recovery plans for issues. While measures of genetic may require management. If outside the these species state that 8 to 10 viable diversity do not directly measure range at time of listing, it must be populations are required for recovery of relative fitness, it is reasonable to essential to the conservation of the most of these species. Establishing and assume that the two are correlated. The species. conserving 8 to 10 viable populations on issue of gene flow and genetic drift will (9) Comment: Several peer reviewers one or more islands within the historic be addressed through research actions and other commenters, including the range of the species will provide each identified as needed in the recovery Department of Land and Natural species with a reasonable expectation of plans. Resources, Division of Forestry and persistence and eventual recovery, even (6) Comment: One peer reviewer Wildlife, a State agency, expressed with the high potential that one or more stated that the 8 to 10 population concern over the inclusion of degraded of these populations will be eliminated approach should not preclude the high habitat within critical habitat. Several by normal or random adverse events, priority of building large populations peer reviewers stated that as much such as fires and nonnative plant both through population growth and the habitat as possible, even degraded invasions. There are some specific merger of multiple small populations habitat, should be protected as it has exceptions to this general recovery goal (which will require a breeding plan to potential for reintroduction. One of 8 to 10 populations for species that conserve and increase the genetic commenter noted that while they felt are believed to be very narrowly diversity of remnant populations). that focusing conservation efforts on the distributed on a single island (e.g., Our Response: The areas designated most pristine, least degraded sites is a Argyroxiphium kauense, for which the as critical habitat in this rule allow for logical, efficient, and cost-effective recovery goal is 10 or more large, merging of multiple, small populations strategy when possible, for many of the widespread populations of at least 2,000 (where they exist) and the increase of listed plant species there is not enough individuals each), and designation of population numbers as outlined in our suitable habitat remaining, and, as a critical habitat reflects these exceptions. recovery plans. Because the general use result, it is essential to include degraded For the majority of the species, however, of the word ‘‘population’’ in the areas for future restoration. One designation of adequate suitable habitat proposed rule caused some confusion, commenter specifically requested that for 8 to 10 populations as critical habitat we replaced it with ‘‘occurrence’’ in this excessively degraded areas and those is essential to give the species a rule when referring to existing locations dominated by nonnative plants be reasonable likelihood of long-term of plants, and we use ‘‘population’’ only excluded from critical habitat as these survival and recovery, based on in the context of recovery guidelines. areas would not, or only have nominal currently available information. Each (7) Comment: Several commenters, value to, support the taxa for which recovery plan stated that these recovery including two peer reviewers, stated critical habitat is proposed. goals will be revised as more specific that the species’ need for pollinators is Our Response: We agree that recovery information becomes available for each important to consider. One peer of a species is more likely in designated species. reviewer stated that designation of critical habitat in the least degraded (5) Comment: Several peer reviewers critical habitat needs to consider the areas containing primary constituent raised the issue of genetic drift and the presence of appropriate pollinators for elements. However, for some species, difficulty of measuring this species that do not self-pollinate or especially those only known from low phenomenon in terms of the 8 to 10 feasible, sustainable alternatives to key elevation areas, only degraded habitat populations. One reviewer pollinators that may be absent. The remains. Therefore, some units contain recommended that we consider the Service’s consideration of this issue did essential habitat that, while currently consequences of this proposed not appear to be explicitly listed in the degraded, is essential to the population structuring on genetic drift proposed rule. conservation of the species. or inbreeding, and how this potential Our Response: Very little is known Management for the restoration of these problem might be alleviated. One peer about the life histories of many of these habitats is addressed in the species’ reviewer commented that he did not plant species. The species’ accounts recovery plans. However, we have believe that defining a population on provided in the proposed rule excluded manmade features that do not the basis of low/no gene flow would acknowledged that loss of pollinators, contain the primary constituent benefit the species. One reviewer through habitat loss or predation by elements, and we have revised this list cautioned that for clonal species, the nonnative insects, could be a factor in based on information received during number (100, 300, 500) needs to reflect lack of species’ regeneration. As such, the public comment periods. genetic individuals, not ramets. Another we created critical habitat units that (10) Comment: One peer reviewer stated that, ideally, every population were of sufficient size to provide habitat commented on the omission of large should be genetically isolated from all for at least one population of the target areas of high quality dry forest that other conspecific populations. species in which the individuals could contain key populations of Neraudia Our Response: Many of the species be regularly cross-pollinated. We also ovata, Nothocestrum brevifolium, and have been reduced to such low numbers recommend, as a management action, Pleomele hawaiiensis from critical that the recovery plans identify maintenance (to the extent we have habitat. The commenter noted that propagation and reintroduction as a key data) of natural pollinators and hundreds of acres of the best dry forest step. While we do not have direct systems. were not proposed to be included as evidence for most species to indicate (8) Comment: Two commenters stated critical habitat; however, degraded that reduced reproductive vigor or that the Service failed to demonstrate shrublands (as low quality dry forest) inbreeding are problems, we believe that proposed critical habitat is essential were proposed for inclusion. One peer they should be considered, based on to species conservation. reviewer commented that some lowland

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populations do not appear to have been parviflora has not been observed on the (14) Comment: Several commenters included in the proposal. This reviewer island of Hawaii since the 1800s. stated that they did not concur that the recommended that suitable areas in Plantago princeps has not been seen on Service used the best available scientific lowlands that still support semi-natural the island of Hawaii since the 1860s. information. plant communities and that have the Until these species are rediscovered, we Our Response: In accordance with potential to be restored should be are unable to identify habitat essential sections 3(5)(A)(i) and 4(b)(1)(A) of the considered. to their conservation due to lack of Act and regulations at 50 CFR 424.12, Our Response: This rule designates information in the historical record. We we are required to base critical habitat four critical habitat units for Neraudia chose not to speculate on the needs of determinations on the best scientific ovata for a total of six populations. In these species on the island of Hawaii. and commercial data available. The use addition, four populations of N. ovata Therefore, no change is made to our not of information gathered from reliable occur on the excluded lands at PTA. prudent determinations here. If these sources determined which lands were Three critical habitat units for species are rediscovered on the island of proposed as critical habitat. Based upon Nothocestrum breviflorum are Hawaii, we may propose critical habitat newly available information, designated in this rule for a total of nine for these species at that time. coordination with landowners and populations. Four critical habitat units (12) Comment: Several commenters stakeholders, and input received during for Pleomele hawaiiensis are designated expressed concern over the Service’s the public comment period, we have in this rule for a total of nine failure to propose critical habitat for made revisions to the areas designated populations. In addition, excluded Cyanea copelandii ssp. copelandii and as critical habitat, which are reflected in Kamehameha Schools land provides Ochrosia kilaueaensis ‘‘because they this final rule. We are not aware of any habitat for one population of Pleomele have not been seen recently in the wild reliable information that is currently hawaiiensis. Thus, we have designated and no viable genetic material is known available to us that was not considered habitat for 8 to 10 populations for each to exist.’’ One commenter considered in this designation process. of these species as outlined in our this finding to be the first step in (15) Comment: One commenter noted recovery plans. We evaluated all delisting the species. that there are several listed plants suitable habitat identified for each Our Response: Historically, Cyanea historically known from the Hawaiian species under consideration in this rule, copelandii ssp. copelandii was found at Islands that are not included in the but are designating only those areas two sites on the southeastern slope of proposals; they suggested that the deemed essential for the conservation of Mauna Loa, near Glenwood. Ochrosia proposals for critical habitat should these species. Nevertheless, the habitat kilaueaensis is known historically only clearly state that only plants listed from outside of these areas may contribute to from Puuwaawaa and at Kipuka Puaulu 1990 to 1996 are included. Another the conservation of these species and in Hawaii Volcanoes National Park. commenter expressed concern over the are subject to other provisions of the Neither of these species have been seen Service’s failure to propose critical Act. in the wild since 1957 and 1927, (11) Comment: One peer reviewer did respectively. No viable genetic material habitat for Cyrtandra crenata. One peer not agree that critical habitat should not is known to exist for either species, so reviewer commented that it was unclear be proposed for the seven plant species there is no possibility of propagation why critical habitat was not proposed believed to be extirpated on the island materials for use in restoration efforts. for designation on the island of Hawaii of Hawaii, stating that even if they are For these reasons, critical habitat is not for Caesalpinia kavaiensis, Abutilon believed extirpated, it is possible that designated, as it would be of no benefit. menziesii, Argyroxiphium sandwicense some species may be found during (13) Comment: One peer reviewer ssp. sandwicense, Lipochaeta venosa, future surveys. Even if this is not the commented that in order to fully assess and Gardenia brighamii, especially case, future restoration efforts for these the validity of proposed critical habitat, when A. sandwicense ssp. sandwicense seven species may be more effective if an indication of the uncertainties in the and L. venosa are only known from the currently unoccupied habitat on the data used in its identification should be island of Hawaii, and the recovery plan island of Hawaii is included in included. This would include things for Gardenia brighamii calls for the designated critical habitat. such as whether expert opinion, data establishment and maintenance of three Our Response: Critical habitat is not from surrogate species, or direct populations on this island. The same designated for Cenchrus agrimonioides, quantitative assessments were used and reviewer recommended that the Service Ctenitis squamigera, Hedyotis cookiana, the relative reliability of those data discuss why the above species are not Mariscus pennatiformis, Phlegmariurus sources. This type of information could included in the action and provide mannii, Phyllostegia parviflora, and then serve as a guide for further data notice of the subsequent action in which Plantago princeps on the island of collection and to highlight which critical habitat for these species will be Hawaii because these species no longer critical habitat areas were likely to be addressed. The reviewer also noted that occur on this island, and we are unable modified once new data become a discussion of the relationship of other to determine habitat essential to their available. designated critical habitat (e.g., for conservation. There is an Our Response: All data and Kokia drynarioides) to the critical undocumented report of Cenchrus information on species’ status received habitat proposed in this rule should agrimonioides on the island of Hawaii in preparation of this rule were equally have been included. made in 1800. Ctenitis squamigera was weighted and considered to come from Our Response: The species named by last collected on the island of Hawaii in reliable sources. Where discrepancies the commenters were not included in 1909, at ‘‘Kalua,’’ an indeterminable existed between different data sources, the court order in Conservation Council place name. Hedyotis cookiana was last the most current data were used. for Hawaii v. Babbitt, 2F. Supp. 2d 1280 collected on the island of Hawaii in Changes in this final rule that decrease (D. Haw. 1998) and subsequent 1816. Mariscus pennatiformis has not the boundaries of many units are based stipulations, and therefore were not been seen on the island of Hawaii since on additional information received included in this rulemaking. We may the middle of the 1800s. Phlegmariurus during the public comment period and consider critical habitat for these mannii was last collected on the island in meetings with additional species species in the future if warranted and if of Hawaii in 1949. Phyllostegia experts and land managers. funding and resources are available.

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(16) Comment: One commenter stated species are designated in this rule for a noted that unit Hawaii B contains prime that the Service should consider total of nine populations, and excluded and other important agricultural lands recovering threatened and endangered Kamehameha Schools lands provide along both sides of Kohala Mountain plant species in areas that are already habitat for one additional population Road. protected and managed (e.g., Hawaii (see ‘‘Analysis of Impacts Under Section Our Response: Unit Hawaii B Volcanoes National Park and Hakalau 4(b)(2)’’). Unit Hawaii A2 was proposed provides habitat for six populations of National Wildlife Refuge) as these areas as critical habitat for one species, Clermontia drepanomorpha and three are pristine and free of threats and are Nothocestrum breviflorum. There is populations of Phyllostegia warshaueri locations where native species have habitat designated elsewhere on the within their historical ranges. made a dramatic recovery. island of Hawaii for this species, Modifications were made to this unit to Our Response: We agree that these providing habitat for nine populations. exclude areas that do not contain the managed areas should be a focus for The area between the two units is not primary constituent elements for these recovery actions. We have included considered essential for the species. several such areas in critical habitat on conservation of either of these species. (23) Comment: One commenter the island of Hawaii that contain the (20) Comment: One commenter stated suggested that unit Hawaii D be appropriate primary constituent that proposed critical habitat areas for expanded to include more endangered elements for each species. However, Achyranthes mutica (unit Hawaii B) plant species and that perhaps this these areas alone do not include all of should be plotted using a global could be accomplished by transferring the habitat essential for the conservation positioning system and identified on the some of the acreage allocated to of the species for which critical habitat critical habitat maps, with the unoccupied habitat in unit Hawaii D3 to is designated on the island of Hawaii. subsequent removal of any other areas. occupied habitat in unit Hawaii D7. (17) Comment: The Department of Our Response: We have revised the Several commenters provided Land and Natural Resources, Division of unit to include only the gulches in this information on species present within Forestry and Wildlife, a State agency, area. Ten critical habitat units, unit Hawaii D, including: Portulaca stated that the proposal did not provide encompassing a total of 603 ha (1,491 sclerocarpa in unit Hawaii D1; information on the critical habitat ac), have been designated for this multi- Lipochaeta venosa in unit Hawaii D2; proposed on other islands, did not island species. The remaining area Acacia koaia in unit Hawaii D4; the separately map or identify how much outside of the gulches has been largest known population of Lipochaeta acreage is needed for each of the removed. venosa and unoccupied habitat for populations, and did not specify how (21) Comment: The Department of Tetramolopium arenarium in unit many separate populations are within Land and Natural Resources, Division of Hawaii D4, and a very extensive each unit. As such, it did not contain Forestry and Wildlife, a State agency, population of Portulaca sclerocarpa and enough information to evaluate the stated that unit Hawaii C contains only two populations of Isodendrion hosakae adequacy of the proposal. planted individuals of Sesbania and Silene hawaiiensis in unit Hawaii Our Response: While the proposed tomentosa and is not considered to be D7. rule for critical habitat on the island of critical habitat for this species. Our Response: Unit Hawaii D1 Hawaii did not repeat the information However, Lapakahi State Park in North through Hawaii D8 were proposed as contained in the critical habitat Kohala should be considered for critical critical habitat for Isodendrion hosakae, designations for the other islands, we habitat. Portulaca sclerocarpa, and Vigna o- made the data available upon request. In Our Response: The entire area wahuensis. Habitat is provided for two this rule, we have mapped each species’ proposed for Sesbania tomentosa in this populations of Isodendrion hosakae and critical habitat and provide separate unit was excluded, as it is not essential one population of Vigna o-wahuensis on maps, acreage, and population numbers. to the conservation of this species the excluded lands at PTA. For multiple-island species, we have because it has a lower proportion of Modifications were made to these units included information on whether associated native species than other to exclude areas that do not contain the critical habitat has been designated on areas we consider to be essential to the primary constituent elements for these other islands and the number of conservation of this species. There is species or were considered not essential populations allowed for, both in critical critical habitat designated elsewhere on to the conservation of these species habitat and in excluded lands. the island of Hawaii for this species that because they have a lower proportion of (18) Comment: One commenter stated provides habitat for two populations. associated native species than other that while the Navy will manage We have not included Lapakahi State areas we consider to be essential to the endangered species found on its Park in the critical habitat designation conservation of these species, and there property, they would not agree to the for Sesbania tomentosa because it was are at least eight other locations that introduction of an endangered species not deemed essential to the have been designated to meet the to an area where it does not occur. conservation of the species. There are recovery goal of 8 to 10 populations Our Response: No Navy lands are other locations that have been throughout their historical ranges on included in critical habitat on the island designated as critical habitat in order to this and other islands. Other of Hawaii. meet the recovery goal of 8 to 10 endangered species in this area are not populations throughout its historical part of this rulemaking. Issue 2: Site-Specific Biological range on this and other islands. (24) Comment: The Department of Comments (22) Comment: The Department of Land and Natural Resources, Division of (19) Comment: The Department of Land and Natural Resources, Division of Forestry and Wildlife, a State agency, Land and Natural Resources, Division of Forestry and Wildlife, a State agency, suggested removing the northeast corner Forestry and Wildlife, a State agency, recommended that the boundary for of unit Hawaii E that extends into asked why units Hawaii A1 and Hawaii unit Hawaii B follow the Puu O Umi Hawaiian Home Lands property as it is A2 are separated. NAR boundary on the northeast side, degraded pasture land. If the unit Our Response: Hawaii A1 provides noting that the Kohala Forest Reserve is followed the Laupahoehoe section of the habitat for Pleomele hawaiiensis. Three very degraded and does not merit status Hilo Forest Reserve boundary, it would other critical habitat units for this as critical habitat. Another commenter be more accurate.

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Our Response: This unit was Some portions excluded were not and Wildlife, a State agency, proposed as critical habitat for three essential to the conservation of these recommended that the boundary of species: Clermontia lindseyana, species because they have a lower Hawaii K should exclude the Clermontia pyrularia, and Phyllostegia proportion of associated native species plantations in the Waihaka Gulch area. racemosa. Modifications were made to than other areas we consider to be Also, the commenter questioned why a this unit to exclude areas that do not essential to the conservation of these large section of the Waihaka and contain the primary constituent species, and there are at least eight other Kaalaala drainages is omitted from this elements for these species. The unit locations that have been designated or unit. now lies only in the Hakalau Forest proposed to meet the recovery goal of 8 Our Response: The Act requires us to National Wildlife Refuge and the Hilo to 10 populations throughout these use the best available scientific and Forest Reserve. species’ historical ranges on this and commercial information in undertaking (25) Comment: One commenter other islands. We excluded the species listing and recovery actions, provided information for unit Hawaii F proposed critical habitat for the multi- including the designation of critical regarding two populations of Cyrtandra island species Asplenium fragile var. habitat as set forth in this rule. In the tintinnabula (at Nauhi in the Honohina insulare in unit Hawaii G because it is proposed rule, we concluded that many Tract and in the Maulua Tract) not essential to the conservation of this areas were not essential for the occurring at the highest elevation cutoff species. Asplenium fragile var. insulare conservation of plant species on the in this unit and in unit Hawaii E at is historically known from Maui, and island of Hawaii, based on available about 5,000 feet elevation. we designated critical habitat for two information concerning status of the Our Response: Unit Hawaii E was populations of this species on that species in specific areas and level of proposed as critical habitat for three island. There is also habitat for seven habitat degradation. Several areas of the species: Clermontia lindseyana, populations on lands excluded from this island were not included in the Clermontia pyrularia, and Phyllostegia final rule on the island of Hawaii in proposed rule, or are excluded from this racemosa. Modifications were made to PTA (see ‘‘Analysis of Impacts Under final rule, because they are not essential this unit to exclude areas that do not Section 4(b)(2)’’), and this rule for the conservation of the species. We contain the primary constituent designates critical habitat for one determined them to be nonessential due elements for these species. Unit Hawaii population elsewhere on the island. We to their lacking primary constituent F was proposed as critical habitat for excluded the proposed critical habitat elements or lacking the primary seven species: Clermontia peleana, on Kamehameha Schools lands in this constituent elements and being more Cyanea platyphylla, Cyanea shipmanii, area because the benefits of excluding degraded when compared to other areas. Cyrtandra giffardii, Cyrtandra these lands outweighed the benefits of (29) Comment: One commenter stated tintinnabula, Phyllostegia racemosa, including them in critical habitat (see that they did not understand how the and Phyllostegia warshaueri. Two ‘‘Analysis of Impacts Under Section Service could propose critical habitat in critical habitat units are designated in 4(b)(2)’’). Those excluded lands provide unit Hawaii L that is used by the this rule with habitat for a total of nine habitat for recovery populations of Volcano Wilderness Run (an annual populations of Cyrtandra tintinnabula. Phyllostegia racemosa and Phyllostegia sports event). Although the habitat in unit Hawaii E velutina. Our Response: Operation, use, and may be important for the conservation (27) Comment: One commenter stated maintenance of existing manmade of this species, we do not believe that that the lone justification for unit features and structures adjacent to it is essential at this time. Hawaii J is the presence of Adenophorus critical habitat, or where primary (26) Comment: One commenter stated periens, which is currently found on constituent elements are absent, are not that he had not been provided with Kauai, Molokai, and Hawaii. Within this subject to consultation pursuant to specific information on how the unit, that species is threatened by section 7 of the Act. The Volcano decision to propose critical habitat in volcanic emissions and acid Wilderness Run uses existing manmade unit Hawaii G was made. The precipitation, feral pigs and goats, and structures and thus would not be Department of Land and Natural competition from nonnative plants. affected by a critical habitat designation Resources, Division of Forestry and Our Response: Unit Hawaii J (now in Hawaii Volcanoes National Park, Wildlife, a State agency, stated that in called unit Hawaii 28—Adenophorus which contains proposed unit Hawaii L unit Hawaii G, the area north of periens—a) is designated as critical unless there are impacts on adjacent Stainback Highway that is above 3,200 habitat for Adenophorus periens and critical habitat. feet elevation should be added to this provides habitat within its historical (30) Comment: The Department of unit and the area around Kulani, south range for one population of this multi- Land and Natural Resources, Division of of the highway, should be omitted, as it island species. This unit, along with Forestry and Wildlife, a State agency, is dominated by timber plantations. designated critical habitat for this suggested that the boundaries for units Our Response: This unit was species on Kauai (four populations), Hawaii N1 and Hawaii N2 should be proposed as critical habitat for 12 Oahu (one population), and Molokai closer to the coast and include the species: Argyroxiphium kauense, (four populations), is needed to help coastline itself. Asplenium fragile var insulare, achieve the recovery goal of 8 to 10 Our Response: Unit Hawaii N1 is Clermontia lindseyana, Clermontia populations of this multi-island species. situated along the coast and includes peleana, Cyanea platyphylla, Cyanea (28) Comment: One peer reviewer the coastline from Keoneokanuku Bay to shipmanii, Cyanea stictophylla, suggested that unit Hawaii J should be Kamilo Point. Unit Hawaii N2 is also Cyrtandra giffardii, Phyllostegia extended toward the coast to provide an situated along the coast and includes racemosa, Phyllostegia velutina, elevation corridor with unit Hawaii M5. the coastline from Mahana Bay to Plantago hawaiensis, and Sicyos alba. This reviewer also asked why units Pohakea. Modifications were made to this unit to Hawaii K and Hawaii H or Hawaii J and (31) Comment: The Department of exclude areas that do not contain the Hawaii L were not linked and why unit Land and Natural Resources, Division of primary constituent elements for these Hawaii AA does not include areas to the Forestry and Wildlife, a State agency, species or were considered not essential south. The Department of Land and stated that unit Hawaii P should include to the conservation of these species. Natural Resources, Division of Forestry the Hawaiian Ranchos subdivision and

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be extended toward the ocean. Another lindseyana, so critical habitat for this species, it is not considered to be commenter stated that this unit was species should be added the unit. essential. proposed due to the presence of one Our Response: Clermontia lindseyana (37) Comment: The Department of occurrence of Pleomele hawaiiensis. is currently found on Maui and the Land and Natural Resources, Division of Our Response: Unit Hawaii P was island of Hawaii. Critical habitat for two Forestry and Wildlife, a State agency, proposed as critical habitat for one populations was designated on Maui suggested that Pleomele hawaiiensis be species, Pleomele hawaiiensis; however, and habitat for eight populations is added to unit Hawaii Y1 and the entire area proposed for this species designated for this species on the island Caesalpinia kavaiensis added to unit has been removed. This change was of Hawaii in this rule. Therefore, Hawaii Y2. made because we determined that this additional populations were not deemed Our Response: Caesalpinia kavaiensis unit is not essential to the conservation essential. is not included in the court order, and of this species because it has a lower (35) Comment: The Department of therefore was not included in this proportion of associated native species Land and Natural Resources, Division of rulemaking. There is habitat designated than other areas we consider to be Forestry and Wildlife, a State agency, elsewhere on the island of Hawaii for essential to the conservation of this provided information that unit Hawaii Pleomele hawaiiensis for 10 species and because there are 10 other W is not currently occupied by wild populations. Although the habitat in the locations that have been designated to individuals of Delissea undulata but Honuaula Forest Reserve may be meet the recovery goal of 8 to 10 does contain historical habitat for this important for the conservation of this populations throughout its historical species and for Zanthoxylum species, it is not essential. range on this island. hawaiiense. (38) Comment: The Department of (32) Comment: The Department of Our Response: Unit Hawaii W was Land and Natural Resources, Division of Land and Natural Resources, Division of proposed as critical habitat for one Forestry and Wildlife, a State agency, Forestry and Wildlife, a State agency, species, Delissea undulata. The entire stated that much of unit Hawaii Z stated that unit Hawaii Q should be area proposed for this species was contains badly degraded areas, and extended to match the Manuka NAR excluded. Portions of this unit are not these areas should be excluded from boundary, with the southern boundary essential to the conservation of this designation, as they are currently being moved to the south-southeast (to the species. We excluded the proposed managed for hunting, ranching, and 200-meter elevation contour) and critical habitat on Kamehameha Schools other multiple use programs that may concurrent with the Manuka NAR lands in this area because the benefits not be compatible with plant critical southeastern boundary. of excluding these lands outweighed the habitat management. Our Response: This unit was benefits of including them in critical Our Response: Unit Hawaii Z was proposed as critical habitat for six habitat (see ‘‘Analysis of Impacts Under proposed as critical habitat for 12 species: Colubrina oppositifolia, Diellia Section 4(b)(2)’’). These excluded lands species: Bonamia menziesii, Colubrina erecta, Flueggea neowawraea, Gouania are still essential and provide habitat for oppositifolia, Cyanea stictophylla, vitifolia, Neraudia ovata, and Pleomele three populations of Delissea undulata. Delissea undulata, Flueggea hawaiiensis. Modifications were made There is habitat designated elsewhere neowawraea, Hibiscadelphus to this unit to remove areas that do not on the island of Hawaii for this species, hualalaiensis, Hibiscus brackenridgei, contain the primary constituent providing habitat for two populations. Nothocestrum breviflorum, Phyllostegia elements for these species. The portions Delissea undulata is known historically velutina, Plantago hawaiensis, Pleomele not included were not essential to the on Maui and is currently found on hawaiiensis, and Zanthoxylum conservation of these species because Kauai and the island of Hawaii. In dipetalum var. tomentosum. they have a lower proportion of addition to the designation in this rule, Modifications were made to this unit to associated native species than other we have also designated critical habitat exclude areas that do not contain the areas we consider to be essential to the on Kauai (habitat for three populations). primary constituent elements for these conservation of these species, and there Zanthoxylum hawaiiense is known species or are not essential to the are at least eight other locations that historically on Lanai and is currently conservation of these species. Some have been designated to meet the found on Kauai, Molokai, Maui, and the portions removed are not essential to recovery goal of 8 to 10 populations island of Hawaii. We designated critical the conservation of these species throughout their historical ranges. We habitat for this species on Kauai (habitat because they have a lower proportion of did not add any area to this unit because for two populations), Molokai (habitat associated native species than other there is enough habitat to provide 10 for one population), and Maui (habitat areas we consider to be essential to the populations throughout the historical for one population). There is additional conservation of these species, and there ranges of each of these species. habitat for six populations of are at least 8 other locations that have (33) Comment: The Department of Zanthoxylum hawaiiense on the island been designated to meet the recovery Land and Natural Resources, Division of of Hawaii in the excluded PTA lands goal of 8 to 10 populations throughout Forestry and Wildlife, a State agency, (see ‘‘Analysis of Impacts Under Section their historical ranges on this and other stated that the boundary of unit Hawaii 4(b)(2)’’). islands. R should be moved south to match up (36) Comment: The Department of (39) Comment: The Department of the with the boundary of State lands at Land and Natural Resources, Division of Land and Natural Resources, Division of Honomalino. Forestry and Wildlife, a State agency, Forestry and Wildlife, a State agency, Our Response: The northern boundary provided information that unit Hawaii X stated that much of unit Hawaii AA is of unit Hawaii R was moved south to contains Phyllostegia velutina (in badly degraded; dominated by weedy, include only the South Kona Forest Honuaula Forest Reserve). fire-prone vegetation; and is currently Reserve. Our Response: Two critical habitat being managed for hunting, which may (34) Comment: The Department of units for Phyllostegia velutina are not be compatible with plant critical Land and Natural Resources, Division of designated in this rule for a total of 10 habitat management. The commenter Forestry and Wildlife, a State agency, populations. Although the habitat in the also suggested that the lower boundary provided information that unit Hawaii T Honuaula Forest Reserve may be of this unit be at the 3,500-foot elevation contains habitat for Clermontia important for the conservation of this level and configured in accordance with

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the Service’s map of the upper Puu court order in Conservation Council of size), major roads, geographical Anahulu area in order to omit the Hawaii v. Babbitt (D. Hawaii 1998) and landmarks, and elevation contours were central portion, which is dominated by subsequent stipulations and therefore included in the maps. It would be cost- Pennisetum setaceum. was not included in this rulemaking. prohibitive and make the rule Our Response: This unit was Critical habitat is designated elsewhere unnecessarily large to include all the proposed as critical habitat for 10 on the island of Hawaii for Isodendrion information available. Specific maps, species: Asplenium fragile var. insulare, hosakae (for eight populations). Four such as landownership and land use Hedyotis coriacea, Neraudia ovata, other critical habitat units for Neraudia maps, are available upon request. Portulaca sclerocarpa, Silene ovata are designated on the island of (46) Comment: One commenter stated hawaiiensis, Silene lanceolata, Solanum Hawaii for a total of six populations, that most of the primary constituent incompletum, Spermolepis hawaiiensis, and habitat is provided for four elements put forth by the Service are Tetramolopium arenarium, and populations on the excluded lands at non-specific plant community Zanthoxylum hawaiiense. The entire PTA (see ‘‘Analysis of Impacts Under associations or general physical area proposed for these species was Section 4(b)(2)’’). Isodendrion locations and lack a clear and excluded (see ‘‘Analysis of Impacts pyrifolium is known historically on quantifiable relationship to the species, Under Section 4(b)(2)’’). Oahu, Molokai, Lanai, and Maui and is but this information will be essential for (40) Comment: One peer reviewer currently found on the island of Hawaii. future consultations with the Service. suggested that the northern and eastern We designated critical habitat for this Our Response: As described in the portion of PTA be removed from critical species on Oahu (habitat for three discussions for each of the 47 species habitat, even though this area has populations), Molokai (habitat for one for which critical habitat was proposed, numerous populations of Silene population), and Maui (habitat for two very little is known about the specific hawaiiensis, since there are large populations). Habitat for two additional physical and biological requirements of populations of this species in other populations is in the lands excluded these species. As such, we defined the critical habitat units. from critical habitat on Lanai. Three primary constituent elements on the Our Response: All of PTA lands are critical habitat units for Nothocestrum basis of the habitat features of the areas being excluded from critical habitat in breviflorum are designated in this rule from which the plant species are this rule (see ‘‘Analysis of Impacts for a total of nine populations. Although reported, such as the type of plant Under Section 4(b)(2)’’). the habitat outside of these areas may be community, associated native plant (41) Comment: One commenter stated important for the conservation of these species, locale information (e.g., steep that critical habitat units Hawaii B, D2, species, it is not essential. rocky cliffs, talus slopes, stream banks), N, O, Z, and AA affect grazing lands; (43) Comment: Several commenters and elevation. The habitat features units M2 and M3 affect papaya orchards suggested that we update the represent the ecological components in mauka areas of Puna; and unit Q distribution of Cyrtandra tintinnabula required by the plant. The type of plant affects macadamia nut orchards and by contacting a local expert; another community and associated native plant livestock grazing. provided information that Hibiscus species represent on specific Our Response: Modifications were brackenridgei had recently been located microclimate conditions, retention and made to units Hawaii B, D2, O, Q, and on Puuwaawaa. availability of water in the soil, soil Z to remove areas that do not contain Our Response: We have revised the microorganism community, and the primary constituent elements. Units designated critical habitat in the final nutrient cycling and availability. The Hawaii N1, N2, M2, and M3 were all rule to incorporate new information and locale indicates soil type, elevation, removed, as these areas are not essential to address comments and new rainfall regime, and temperature. to the conservation of Sesbania information received during the Elevation indicates information on daily tomentosa and Ischaemum byrone. They comment periods, including and seasonal temperature and sun are not essential because they have a information on species occurrences and intensity. Therefore, the descriptions of lower proportion of associated native areas of potentially suitable unoccupied the physical elements of the locations of species than other areas we consider to habitat for some of these species. each of these species and the plant be essential to the conservation of these (44) Comment: One commenter stated communities associated with the species, and there are at least 10 other that the subdivisions of Kona species represent the primary locations that have been designated for Coastview, Kona Wonderview, and constituent elements for these species. each of these species. In addition, Unit Kona Highlands are not appropriate for (47) Comment: One commenter Hawaii AA was excluded (see ‘‘Analysis propagation of Pleomele hawaiiensis, as remarked that only a rudimentary map of Impacts Under Section 4(b)(2)’’). they are residential areas that are was provided with no indication of the covered with roads, driveways, houses, boundaries of the proposed areas, Issue 3: Species-Specific Biological acreage involved, nor any indication of Comments and lawns. Our Response: The subdivisions of how the Service determined what lands (42) Comment: One peer reviewer Kona Coastview, Kona Wonderview, were in or out of proposed critical commented that the following should be and Kona Highlands are not included in habitat. included in critical habitat: Cinder cone the proposed or final critical habitat for Our Response: The maps in the habitats in the Waimea area for Pleomele hawaiiensis. Federal Register provide the general Isodendrion hosakae and Lipochaeta location and shape of critical habitat venosa; eastern wet forests, Issue 4: Mapping and Primary and are provided for reference purposes especially the areas downslope from Constituent Elements to guide Federal agencies and other Hakalau National Wildlife Refuge; dry (45) Comment: One peer reviewer interested parties in locating the general forests north of Kona (for Neraudia suggested that it would be informative boundaries of the critical habitat (50 ovata, Isodendrion pyrifolium, and to show State and Federal property CFR 17.94). The legal descriptions are Nothocestrum brevifolium); and dry and boundaries as well as roads and readily plotted and transferable to a mesic forests in south Kona. elevation contours. variety of mapping formats and were Our Response: Lipochaeta venosa is Our Response: Depending on the scale made available electronically upon not one of the species at issue in the of the map (which is dependent on unit request for use with GIS programs. Unit

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boundaries were defined by giving the property maintenance, and construction designation of critical habitat would coordinates in UTM Zone 5 with units projects. have on subsistence hunting and in meters using North American Datum Our Response: Under section 7 of the gathering, particularly that the control of 1983 (NAD83). These coordinates can Act, all Federal agencies must consult of feral pigs and ungulates would result be used to determine boundaries with with us to insure that any action that in adverse economical and cultural some accuracy. At the public hearing, they authorize, fund, or carry out is not effects to Native Hawaiian people and the maps were expanded to wall-size to likely to jeopardize the continued the State’s economy. Others stated that assist the public in better understanding existence of any endangered or the removal of ungulates from the forest the proposed critical habitat. These threatened species or result in the would result in an increased threat and larger scale maps were also provided to destruction or adverse modification of frequency of fire. individuals upon request. Furthermore, critical habitat. If we find that the Our Response: A critical habitat we provided direct assistance in proposed actions are likely to jeopardize designation has no regulatory effect on response to written or telephone the continued existence of an access to State or private lands. questions with regard to mapping and endangered or threatened species or Recreational, commercial, and landownership within the proposed result in destruction or adverse subsistence activities, including hunting critical habitat. Designated critical modification of critical habitat, we on non-Federal lands, are not regulated habitat in this final rule consists of units suggest reasonable and prudent by this critical habitat designation and separately mapped for each species and alternatives that would allow the may be affected only where there is is more true to the elevation contours, Federal agency to implement their Federal involvement in the action and the distribution of habitat, and other proposed action without such adverse when the action is likely to destroy or natural features while excluding, to the consequences. Every consultation is adversely modify critical habitat. Such extent feasible, areas where primary unique, and it is impossible to comment designation also does not require the consistent elements are absent. on what the results of a future State or a private landowner to fence the (48) Comment: The Department of consultation would be without details of designated area and/or remove game Transportation, a State agency, stated the proposed activity and the status of mammals. We also recognize that under that designation of critical habitat the species and its critical habitat at the certain circumstances, removal of would significantly increase the costs of time of the consultation. ungulates can result in an increase in (50) Comment: Several commenters planning, design, construction, and weedy growth and associated fire risk, stated that designation of critical habitat and we recommend that ungulate maintenance of a number of State would unnecessarily adversely affect management programs assess and highways and recommended that the military training (some of which cannot address this issue. buffer zones on each side of the State be duplicated elsewhere) and may delay (53) Comment: The Department of highway right-of-way (minimum 100 construction of required training Hawaiian Homelands, a State agency, feet), along with all planned roads, be facilities. stated that Hawaiian home lands in the excluded from designation of critical Our Response: The potential direct area of the Waimea and South Point habitat. and indirect costs to the Army are parcels have already been subdivided Our Response: Operation and discussed in detail in Chapter 3, section into individual lots. The Department of maintenance of existing manmade 3f, of the Draft Economic Analysis Hawaiian Home Lands does not have features and structures adjacent to (DEA) and in sections 3h and 4f of the the authority to retroactively impose critical habitat would not be subject to Addendum. We have had numerous management plans on individual consultation pursuant to section 7 of the discussions with the Army regarding lessees. Therefore, any regulatory Act because such features or structures these areas, and, as a result, we have impact will fall on these lessees. do not contain the PCEs, unless there removed PTA, based on either the lack Our Response: A critical habitat are effects to adjacent critical habitat. If of primary constituent elements or other designation does not constitute a land regular maintenance of the roads reasons (see ‘‘Analysis of Impacts Under management plan, does not mandate a extends 100 feet from the road base, it Section 4(b)(2)’’). management plan, and does not is excluded from critical habitat. (51) Comment: One commenter stated mandate particular management actions. Otherwise, areas that contain primary that all species should be offered On State or private lands, there is no constituent elements and which have protection, but they cannot support direct Federal regulatory impact from a been determined to be essential to the protection for some and not for others. critical habitat designation unless some conservation of a number of the plant They are concerned about the nonnative sort of Federal permit, license, or species on the island of Hawaii are animals, whose fate would be decided funding is involved. If there is a Federal designated as critical habitat. by agencies that consider them invasive nexus, the Federal agency granting or Issue 5: Effects of Designation and kill them. The current issuing the permit, license, or funding, interpretation of critical habitat in effect not an individual lessee, is required to (49) Comment: Several commenters, allows the Federal government and its consult with the Service to ensure that including the Department of Land and partners to utilize any methodology they the activity being permitted, licensed, or Natural Resources, Land Division, a wish in dealing with feral animals with funded is not likely to destroy or State agency, remarked on the need for impunity, although such methods may adversely modify critical habitat. By consultation, pursuant to section 7 of be cruel and environmentally unsound. consulting with the Service, the Federal the Act, which would be triggered by Our Response: The designation of agency can usually minimize or avoid designation of critical habitat, and the critical habitat does not give the Federal potential conflicts with listed species potentially adverse effect such government or its partners the authority and their critical habitat, and the consultation could have on flexibility of to manage feral animals. Any potential proposed activity may be undertaken. land management and activities such as animal management program would be (54) Comment: One commenter raised water diversion projects, manipulation subject to all applicable State, Federal, the issue of the number of fires of vegetation, grazing, applications for and local laws. currently burning in the landfill at Federal loans or grants (e.g., the NRCS), (52) Comment: Several commenters Keahuolu that have the potential to conservation district use applications, expressed concern over the effect that explode and raised concerns that

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designation of critical habitat could State agency, stated that the proposal 205–17) and would not necessarily be adversely affect plans for remediation. appeared to not recognize the interplay solely attributable to critical habitat. Our Response: The burning landfill is in Hawaii between Federal and State (57) Comment: Several commenters, not within the final critical habitat laws, particularly environmental laws. including the Department of Land and designation. Operation and maintenance They stated that harming endangered Natural Resources, Land Division, a of existing manmade features and and threatened plants, even on private State agency, raised concerns over the structures adjacent to critical habitat are property, is already prohibited under temporal relationship of the economic not subject to section 7 consultation. State law and that designation of critical analysis relative to designation of Unless a Federal action related to habitat duplicates existing regulations, critical habitat. One commenter stated landfill remediation activities directly zoning laws, and land use laws, creating that economic impacts should be or indirectly affects nearby habitat an additional unnecessary regulatory considered concurrent with all other containing the primary constituent burden and decrease in land values, information and objected to the elements, these activities would not be thus resulting in ‘‘taking.’’ disjointed process. Another commenter affected by the designation of critical Our Response: The designation of wanted to ensure that the economic habitat. critical habitat requires all Federal analysis be completed prior to the Issue 6: Legal Issues agencies to ensure, in consultation with designation of critical habitat to ensure the Service, that any action authorized, the Service meets the ‘‘prudent and (55) Comment: One commenter stated funded, or carried out by the agency is determinable’’ standard for such that the Service cannot lawfully exclude not likely to result in the destruction or designation. areas from critical habitat based on a adverse modification of designated finding that they currently are Our Response: An economic analysis critical habitat. If, after consultation, our adequately managed or protected. To do of the impact of critical habitat cannot so would violate the mandatory duty to biological opinion concludes that a be performed without knowing the designate critical habitat to the proposed action is likely to result in the location of the critical habitat. This fact maximum extent prudent and destruction or adverse modification of is easily realized by considering the determinable. The commenter urges the critical habitat, we are required to difference of proposed critical habitat Service not to exclude any areas from suggest reasonable and prudent on land zoned for protective designation on this basis (i.e., lands alternatives to the action that would conservation versus land zoned for already managed or protected), since avoid the destruction or adverse urban development. These types of doing so would violate the mandatory modification of the critical habitat (16 zoning issues, as well as other issues, duty to designate critical habitat ‘‘to the U.S.C. 1536(b)(3)(A)). If we cannot will greatly affect any economic analysis maximum extent prudent and suggest acceptable reasonable and of critical habitat and cannot be taken determinable.’’ prudent alternatives, the agency (or the into consideration until a proposal of Our Response: In accordance with applicant) may apply for an exemption critical habitat is put forth. The section 3(5)(A)(i) of the Act and from the Endangered Species Committee proposed prudency finding is not a final regulations at 50 CFR 424.12, in under section 7(e) through (p) of the prudency finding since it has not determining which areas to propose as Act. Possible effects resulting from considered the economic issues. The critical habitat, we are required to base interplay of the Federal Endangered fact that the proposed critical habitat is critical habitat determinations on the Species Act and Hawaii State law are published in a proposed rule best scientific and commercial data also discussed in the DEA and emphasizes that no final decision has available and to consider those physical Addendum under indirect costs. been made on location or extent of and biological features (primary However, the mere promulgation of a critical habitat. The final designation of constituent elements) that are essential regulation, like the enactment of a critical habitat occurs after public to the conservation of the species and statute, does not take private property comments have been taken into that may require special management unless the regulation on its face denies consideration and the economic considerations or protection. If an area the property owners all economically analysis on the proposed critical habitat is covered by a plan that meets our beneficial or productive use of their has been completed. The effects of the management criteria, we believe it does land (Agins v. City of Tiburon, 447 U.S. public comments and the economic not constitute critical habitat as defined 255, 260–263 (1980); Hodel v. Virginia analysis are then reflected in the final by the Act because the primary Surface Mining and Reclamation Ass’n, rulemaking. constituent elements found there are not 452 U.S. 264, 195 (1981); Lucas v. South (58) Comment: Several commenters considered to be in need of special Carolina Coastal Council, 505 U.S. stated that designation of critical habitat management or protection. For a 1003, 1014 (1992)). The Act does not could have an adverse affect on the detailed explanation of this evaluation automatically restrict all uses of critical voluntary cooperation for species see the ‘‘Analysis of Managed Lands habitat, but only imposes restrictions conservation between the private sector Under Section 3(5)(A)’’ section below. under section 7(a)(2) on Federal agency and the Federal government and may However, to the extent that special actions that may result in destruction or actually result in less species recovery. management considerations and adverse modification of designated Several commenters suggested the use protection may be required for any of critical habitat. Furthermore, as of alternatives to critical habitat these areas and they, therefore, would discussed above, if a biological opinion designation that would result in greater meet the definition of critical habitat concludes that a proposed action is net benefits to the species and according to section 3(5)(A)(i), they are likely to result in destruction or recommended that the Service and also properly excluded from designation modification of critical habitat, we are landowners focus their resources under section 4(b)(2) of the Act (see required to suggest reasonable and towards proactive cooperation between ‘‘Analysis of Impacts under Section prudent alternatives. Finally, habitat the Federal and State agencies and 4(b)(2)’’ section below). value is only one factor among many private landowners, including the (56) Comment: Several commenters, that State and local governments development of monetary and other including the Department of Land and consider in making decisions on incentives to engage in species Natural Resources, Land Division, a allowable property uses, (See, e.g. HRS protection and recovery.

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Our Response: We are required under advertised in the Honolulu Star- from August 26, 2002, until September section 4 of the Act to designate critical Bulletin. We also held several informal 30, 2002 (67 FR 54766). The third was habitat based on the best available meeting to discuss critical habitat with open from September 24, 2002, until information we have at the time of a variety of groups, including trade November 30, 2002 (67 FR 59811). The designation. In addition, we are directed organizations, community associations, fourth opened on December 18, 2002, to by the Act to recover the species and the and hunting clubs. Although we did not allow comments on the DEA and closed ecosystems on which they depend, not have a public hearing on the economic on January 17, 2003 (67 FR 77464). just preserve them in a horticultural analysis, notice of its availability was Comments were received from facility. We realize that designation of published in the Federal Register and representatives of various State critical habitat alone will not achieve comments were solicited. agencies. recovery. Many threatened and (60) Comment: One commenter asked (63) Comment: Several commenters endangered species occur on private how long it would take to undo stated that the designation of critical lands, and we recognize the importance designation of critical habitat if habitat will result in a flood of lawsuits. of conservation actions by private necessary to correct or adjust for future One commenter was concerned that if it landowners. Cooperation from private conditions. is found that more critical habitat was landowners is an important element of Our Response: If provided with new designated than is needed, it will be our conservation efforts, and we have information, we may revise the critical impossible to rescind the designation had considerable success in developing habitat designation at any time in the for these areas. partnerships with large and small future. The time it takes to produce a Our Response: The Act does not landowners, government agencies, and proposed rule, receive peer review and obligate landowners to manage their nongovernmental organizations for public comment, and to publish a final land to protect critical habitat, nor conservation activities on the island of rule varies with the situation. would landowners and managers be Hawaii, in the State of Hawaii, and (61) Comment: One commenter stated obligated under the Act to participate in throughout the nation. that, should current public use of any projects to recover a species for which We administer several programs area that is designated as critical habitat critical habitat has been designated. aimed at providing incentives to be reduced or removed, the Service However, the DEA does discuss the landowners to conserve endangered and should provide in-kind mitigation. potential impacts pursuant to the threatened species on their lands. One Our Response: Possible effects interplay with State law, including the of these programs is the Endangered resulting from interplay of the Federal possibility of litigation. Specifically, Species Landowner Incentive Program, Endangered Species Act and Hawaii adverse impacts on development, which was first funded by Congress in State law are discussed in the DEA and including delays for additional studies fiscal year 1999. Under this program, we Addendum under indirect costs (e.g., and agency reviews, increased costs for provide technical assistance and possible conservation management environmental studies, increased risk of funding to landowners for carrying out mandate for the private landowner and project denials, increased risk of costly conservation actions on their lands. In reduction in game mammals’ mitigation measures, and increased risk the first year alone, 145 proposals population). Further, the DEA and of litigation over approvals, are not totaling $21.1 million competed for $5 Addendum discuss the indirect impacts expected. million in grant money. Additional resulting from the possible redistricting (64) Comment: One commenter stated information on landowner incentive of private land into the Conservation that proposed critical habitat on lands programs that we administer may be District, noting that, under a most owned by the Queen Liliuokalani Trust found on our Web site (http:// extreme scenario, areas designated as at Keahuolu are surrounded by urban endangered.fws.gov/landowner/ critical habitat could be placed in the development and have been designated index.html). Protective Subzone with the most severe for future urban development by the (59) Comment: Several commenters restrictions, which could restrict State and County of Hawaii. raised concerns about the nature of the development or a new agricultural use, Our Response: We have excluded public hearings. Several commenters or interfere with irrigation water Queen Liliuokalani Trust lands and requested that there be a process that development. As indicated in the other lands in this area (see ‘‘Analysis would reach the more rural areas, and Addendum, the likelihood of mandated of Impacts Under Section 4(b)(2)’’). We others requested that more public redistricting is undetermined but is met with owners of land in the hearings be held, particularly after the expected to be small. proposed critical habitat in the economic analysis was completed, to (62) Comment: One commenter stated Keahuolu area and have revised unit make the conclusions available to the that the newly elected governor and her Hawaii Y2 based on new information general public. staff be allowed time to comment, as she received during the public comment Our Response: Section 4(b)(5)(E) of will need to deal with any economic or period. the Act requires that a public hearing be social fallout from the designation of (65) Comment: We received a held if it is requested within 45 days of critical habitat on the island of Hawaii. comment letter on February 21, 2003 the publication of a proposed rule. In Another commenter stated that as more (after the close of the comment period), response to two requests from than 50 percent of the lands proposed requesting additional time to work with recreational hunting organizations, we for designation are State lands, the us to implement interim conservation published a notice of two public Hawaii State legislature should have measures believed to be more beneficial hearings on the proposed critical habitat significant input into the designation. to Neraudia ovata (and Blackburn’s designations for 47 plants from the Our Response: All persons were sphinx moth (Manduca blackburni)) and island of Hawaii, and we reopened the invited to comment on the proposed their respective habitats on lands owned comment period, which originally rule. Four public comment periods were by TSA and MID corporations. The closed on July 29, 2002. The two public open for this rule. The first opened landowner offered to: (1) Set aside 100 hearings were held on the island of upon publication of the rule on May 28, to 130 contiguous areas located in the Hawaii in Kailua-Kona and Hilo on 2002, for initial comments on the rule, proposed critical habitat unit Hawaii Y1 October 29 and October 30, 2002, and remained open until July 29, 2002 (and proposed Blackburn’s sphinx moth respectively. These notices were (67 FR 36968). The second was open proposed critical habitat); (2) Enter into

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good faith negotiations with Federal, landowner identify where take may wildlife and other projects to receive State, or county entities for acquisition occur, take prohibitions—to the extent Pittman-Robertson or other Federal of the area; (3) Agree to enter into a Safe they apply to listed plants—are funding or grants. Harbor Agreement with us to ensure the triggered by the listing of a species and Our Response: Chapter VI, Section protection and management of a would apply whether or not critical 3.a. of the DEA discusses Pittman- baseline level of Neraudia ovata (and habitat is designated. As such, Robertson funding for wildlife projects. Blackburn’s sphinx moth); and (4) Enter designating critical habitat is not The State Department of Land and into a memorandum of understanding or anticipated to result in the removal of Natural Resources (DLNR) already cooperative agreement that addresses game animals. consults with the Service regarding habitat protection, land access, and (68) Comment: Several commenters projects that receive Pittman-Robertson monitoring and management actions. expressed concern that the designation funding. As stated in the DEA, the Our Response: Unit Hawaii Y1 was of critical habitat would constrain designation of critical habitat may proposed as critical habitat for two community and infrastructure growth, increase the level of effort required to species: Isodendrion pyrifolium and business growth, and development of analyze the effects of feral ungulates, Neraudia ovata. We have excluded affordable housing. especially in areas that are unoccupied lands in this area (see ‘‘Analysis of Our Response: We have excluded by the listed plants. However, Hawaii Impacts Under Section 4(b)(2)’’). lands in this area (see ‘‘Analysis of currently receives the minimum amount Impacts Under Section 4(b)(2)’’). of Pittman-Robertson funds, so the Issue 7: Economic Issues (69) Comment: Several commenters critical habitat designation would not (66) Comment: One commenter expressed concern that the designation impact the amount of Pittman-Robertson expressed concern over the potential for of critical habitat would constrain funds the State receives. designation of critical habitat to have outdoor recreation and subsistence Impacts to other projects that receive significant adverse effects on private hunting and gathering. Federal funding or grants, or have lands, both Agricultural and Urban Our Response: The impacts to outdoor Federal involvement, are discussed in Districts, due to increased State recreation and subsistence hunting and the Direct Costs section of the DEA, as regulatory implications. gathering are discussed in the DEA and amended by the Addendum. As shown Our Response: The potential adverse the Addendum. Specifically, the Direct in Table Add-3, the total direct costs effect on private lands in both the Costs section of the DEA, as amended by range from $46.6 million to $62.7 Agricultural and Urban Districts are the Addendum, discusses impacts to million over 10 years. discussed in the Indirect Costs sections State-managed hunting, National Parks (71) Comment: Two commenters had of the DEA and in the Addendum. The and Wildlife Refuges, State-managed concerns regarding funding and effects include redistricting, areas, and the State trail and access assistance to farmers and ranchers in the conservation management, State and system. The Indirect Costs section of the form of U.S. Department of Agriculture county development approvals, DEA, as amended by the Addendum, (USDA) loans, grants, subsidy reductions in property values, etc. The discusses the impacts to management of payments, etc., or other Federal funding DEA and Addendum estimate the costs game mammals and hunting lands, and such as Veterans Administration (VA) of such impacts. For certain parcels, a subsistence and Native Hawaiian loans, Federal Housing Administration reduction in certain property values is practices. Potential benefits to (FHA) loans, NMHA loans or similar reasonably foreseeable, but the ecotourism and outdoor recreation are Housing and Urban Development (HUD) magnitude and duration of the loss is discussed in the Benefits Section of the programs. not known. As such, the Addendum DEA. The impacts, if any, for each of Our Response: The impacts associated estimates these impacts to be some these activities are summarized below. with USDA and HUD programs are undetermined fraction of $71.2 million In summary, our final economic discussed in the Ranching Operations to $124.4 million over 10 years. analysis estimates that the probability of and Residential Development sections (67) Comment: One commenter a major State-initiated change in game of the Addendum. Potential impacts to expressed concern that the designation mammal management, i.e., that the State ranching operations include $38,800 to of critical habitat would result in a would adopt a policy to substantially $82,400 in costs to ranchers, NRCS, and lawsuit to remove game animals, which reduce game mammal populations in the Service in section 7 consultation would cause a tremendous financial critical habitat units that overlap with costs with no project modifications. The burden on the State and destroy State hunting units, is small. The Addendum anticipates no impacts to traditional and cultural practices of its probability that restriction of access and residential development because areas people. prohibition of subsistence activities in planned for development are removed Our Response: Chapter VI, Section all critical habitat areas is undetermined from the final designation and other 4.b.(3) of the DEA acknowledges that, if but unlikely. It is more likely that planned developments have no it were to occur, the removal of game subsistence activities would be reasonably foreseeable Federal animals would result in a loss in consistent with conservation involvement. hunting activity, economic activity, restrictions, should any be imposed. (72) Comment: One commenter was hunter benefits, consumption of hunting Thus it is anticipated that the impact of concerned that the designation of meat, and social and cultural value of critical habitat on subsistence activities critical habitat would adversely affect hunting, and it would increase State will be minimal. Ecotourism could their sale of conservation easements to expenditures. However, the concern benefit from project modifications, that the U.S. Forest Service. about the removal of game animals is may result from critical habitat Our Response: The commenter’s land based in part on the premise that critical designation, that enhance the quality of was not included in the proposed habitat will require the State to the ecosystem and expand the designation and is also not included in undertake steps to avoid the taking of a geographic scope of high-quality the critical habitat designation, so this listed species. As stated in the ecosystems, thereby increasing the analysis anticipates that the designation Conservation Management section of the appeal of ecotourism tours to visitors. of critical habitat will not impact the Addendum, while critical habitat may (70) Comment: Some commenters sale of conservation easements on these provide information to help a raised concerns over the ability of parcels.

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(73) Comment: One commenter had county Special Management Area Our Response: The Benefits sections specific concerns about the effect the (SMA) Use Permits for development of the DEA and the Addendum discuss designation of critical habitat would projects in critical habitat. None of the the benefits mentioned above. It is not have relative to the Department of planned development projects in the feasible, however, to fully describe and Hawaiian Homelands (DHHL) critical habitat designation are located accurately quantify these benefits in the homesteading program. in the SMA, so this analysis anticipates specific context of the critical habitat Our Response: As discussed in the no impacts associated with SMA Use designation because of the scarcity of Residential Development section in the Permits. available studies and information Addendum, there is no DHHL land (75) Comment: Several commenters, relating to the size and value of within the critical habitat designation including the Department of Land and beneficial changes that are likely to that is planned to be developed within Natural Resources, Land Division, a occur as a result of designating critical the next 20 years. As such, any potential State agency, commented that the habitat. In particular, the following impacts to the DHHL homestead economic analysis needs to take into information is not currently available: program are well beyond the 10-year consideration all economic impacts, (1) Scientific studies on the magnitude timeframe of this analysis. including those in addition to of the recovery and ecosystem changes (74) Comment: Several commenters ‘‘indirect’’ effects, those effects in the resulting from the critical habitat commented that the economic analysis ‘‘reasonably foreseeable’’ future, or for designation, and (2) economic studies did not thoroughly consider the nexus those projects that are expected to occur on the per-unit value of many of the between the State of Hawaii’s within the next 10 years. Several changes. environmental laws and the Federal commenters, including the Department (77) Comment: One commenter Endangered Species Act and other of Agriculture, a State agency, commented that the only benefit that Federal laws (such as the Coastal Zone commented that the scope of the would arise from designation of critical Management Act). At least two economic analysis was too narrow and habitat would be the availability of commenters commented that these plant needed to go beyond those direct funding for the DLNR that would be species are already protected under economic impacts associated with used for the implementation of State of Hawaii law, which virtually project compliance with section 7 of the management plans prepared by The assures that a violation of the Federal Act. Nature Conservancy to fence and Endangered Species Act will also be a eradicate all game mammals within Our Response: Both direct and violation of the State law prohibition on these areas. harm to federally listed and State-listed indirect impacts are analyzed in Chapter Our Response: As mentioned in the plants. VI of the DEA and in the Addendum, Indirect Costs section of the DEA, the Our Response: The nexus between the and both are summarized in Table Add- designation of critical habitat is not State of Hawaii’s environmental laws 3. Information is limited and unreliable expected to change the nature of the and Federal laws is discussed in detail for projects, land uses, and activities ongoing debate regarding the in the Indirect Costs section of the DEA, that may occur at some time beyond the management of the game mammal as amended by the Addendum. reasonably foreseeable future, so in population in Hawaii, although it may Specifically, impacts associated with general, these projects, land uses, and expand or refine the geographic focus. State redistricting, mandated activities are not considered in the DEA However, even with critical habitat, the conservation management, State and or in the Addendum. A 10-year time DEA assumes that the probability is county development approvals, and horizon is used because many small that the State DLNR would adopt State and county environmental review landowners and managers do not have a policy to substantially reduce game are considered. specific plans for projects beyond 10 mammal populations in critical habitat The DEA and Addendum examine years. In addition, the forecasts in the units that overlap with State Hunting any indirect costs of critical habitat analysis of future economic activity are Units, even if critical habitat caused an designation, such as when critical based on current socioeconomic trends increase in funding. This judgment is habitat designation triggers the and the current level of technology, both based on discussions with DLNR, others applicability of a State or local statute. of which are likely to change over the familiar with the subject, and a decade Prohibition of ‘‘harm’’ is associated with long term. of public testimony by hunters. State laws regarding the take of listed (76) Comment: Several commenters (78) Comment: One commenter stated plants. Take prohibitions are commented that the economic analyses that to avoid legal liability (i.e., attributable to a listing decision and should also include those significant ‘‘taking’’), a landowner may have to they are not coextensive costs of critical beneficial economic benefits that are incur substantial costs associated with habitat designations. There are no take provided by the designation of critical conservation management actions (e.g., prohibitions associated with critical habitat, particularly since the economic fencing and exotics control) on their habitat. Other possible indirect impacts, analysis provides text to this effect. lands that contain designated critical such as loss in property values due to These benefits include, but are not habitat. Another commenter raised State redistricting of land from necessarily limited to, things such as concerns over the amount of funds agricultural or rural to conservation groundwater recharge, maintenance of necessary to manage all the lands were analyzed (see also our response to surface water quality, erosion control, proposed for critical habitat, citing costs Comment 81). However, there is funding for research, development of associated with a 15-acre restoration considerable uncertainty as to whether nursery and landscape products, project in North Kona (Kaupulehu) that any or all of these indirect impacts may volunteer conservation work, careers in was initiated in 1990, has used over occur since they depend on actions and biology, and ecotourism. One $600,000, and still continues to require decisions other than those required commenter commented that protecting management actions. under the ESA, and there is only limited critical habitat is essential not only for Our Response: Although the costs of history to serve as guidance. the recovery of threatened and conservation management were The commenters’ reference to the endangered plants but also to protect presented in the DEA for the purposes Coastal Zone Management Act discusses the ecosystems upon which they rely for of illustration, this analysis assumes the possibility of delays or denials of long-term survival and recovery. that these costs are not reasonably

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foreseeable for the reasons explained in Hawaii County, which would result resources;’’ (4) ‘‘provision for Section 4.b. of the Addendum. from these actions. employment opportunities and (79) Comment: One commenter Our Response: HRS section 195D–5.1 economic development;’’ and (5) commented that the designation of states that the Department of Land and ‘‘provision for housing opportunities for critical habitat on the majority of Natural Resources (DLNR) ‘‘shall initiate all income groups, particularly the low, Hawaiian Home Lands at South Point amendments to the conservation district low-moderate, and gap groups.’’ HRS and Waimea, which would require boundaries consistent with section 205– 205.17. Approval of redistricting beneficiaries to conduct environmental 4 in order to include high quality native requires six affirmative votes from the assessments and consultations under forests and the habitat of rare native nine commissioners, with the decision section 7 of the Act in order to build species of flora and fauna within the based on a ‘‘clear preponderance of the homes or commence farming, would conservation district.’’ HRS section 205– evidence that the proposed boundary is represent a substantial economic 2(e) specifies that ‘‘conservation reasonable.’’ HRS 205–4. impact. districts shall include areas necessary The costs associated with redistricting Our Response: Much of the DHHL for * * * conserving indigenous or are discussed in detail in the Indirect land at South Point and Waimea is not endemic plants, fish and wildlife, Costs sections of the DEA and the included in the final designation. North including those which are threatened or Addendum. As stated in the of Waimea, only gulches that are not endangered * * *.’’ Unlike the Addendum, this analysis assumes that suitable for housing development are automatic conferral of State law the probability is low that land included in Hawaii Unit 9. Near South protection for all federally listed species currently planned for development in Point, we have reduced the amount of (see HRS 195D–4(a)), these provisions Hawaii Units 12 and 13 will be DHHL land from 603 ha (1,490 ac) in the do not explicitly reference federally redistricted to the Conservation District, proposed designation to 126 ha (313 ac) designated critical habitat and, to our especially if landowners agree to certain in the critical habitat designation. The knowledge, DLNR has not proposed conditions to protect portions of the 126 ha (313 ac) in Hawaii Unit 19 are amendments in the past to include all critical habitat designation. This part of the Kamaoa-Puueo tract. As designated critical habitat in the determination is the result of the stated in the DEA, the 2002 DHHL Conservation District. Nevertheless, requirements for redistricting, including Hawaii Island Plan identifies the according to the Land Division of DLNR, the requirement that the LUC consider Kamaoa-Puueo tract as a non-priority DLNR is required by HRS 195D–5.1 to ‘‘provision for employment development, which means that its initiate amendments to reclassify opportunities and economic development is not likely in the next 20 critical habitat lands to the Conservation development;’’ ‘‘commitment of State years. There is no more DHHL land District (Deirdre Mamiya, funds and resources;’’ the ‘‘provision for included in the critical habitat Administrator, Land Division, in litt. housing opportunities for all income designation. As such, this analysis 2002). groups, particularly the low, low- estimates no impacts associated with State law only permits other State moderate, and gap groups;’’ and DHHL land within the 10-year departments or agencies, the county in ‘‘preservation or maintenance of timeframe of this analysis. which the land is situated, and any important natural systems or habitats’’ (80) Comment: One commenter person with a property interest in the when considering a petition for commented that there are 23,000 land to petition the State Land Use redistricting (HRS 205–17). hunters in Hawaii who contribute an Commission (LUC) for a change in the However, it is reasonably foreseeable estimated $31 million annually to State boundary of a district. HRS section 205– that certain other privately owned revenue. A disproportionately large 4. The Hawaii Department of Business, parcels in the Agricultural District in percentage of these hunters live on the Economic Development & Tourism’s the critical habitat designation may be Island of Hawaii, so, designation of (DBEDT) Office of Planning also redistricted. Redistricting is more likely critical habitat will have a conducts a periodic review of district for these parcels because there are no correspondingly adverse effect on the boundaries taking into account current current plans for economic or island’s economic condition. land uses, environmental concerns and community development and they are Our Response: For illustrative other factors and may propose changes not prime agricultural land. This purposes, the loss in direct sales, to the LUC. redistricting could be completed by indirect sales, employment, and income The State Land Use Commission State agencies or mandated as a result associated with a loss of hunting determines whether changes proposed of a third-party lawsuit. The economic activity in critical habitat is presented in by DLNR, DBEDT, other state agencies, costs associated with redistricting these Chapter VI, Section 4.b.(3) of the DEA. counties or landowners should be unplanned parcels are expressed in However, the DEA assumes that the enacted. In doing so, State law requires terms of a loss in property values and probability that the State will adopt a LUC to take into account specific a loss in agricultural activity as policy to remove game animals from criteria, set forth at HRS 205–17. While discussed in the Indirect Costs section critical habitat is low. The Addendum the LUC is specifically directed to of the Addendum. makes no changes to this conclusion. consider the impact of the proposed This analysis assumes that the (81) Comment: Several comments reclassification on ‘‘the preservation or impacts on county tax revenues as a commented on how designation of maintenance of important natural result of redistricting are expected to be critical habitat would trigger the DLNR systems or habitats,’’ it is also small. Much of the land that is at risk initiation of review, and potential specifically directed to consider five of redistricting is already assessed at a reclassification, of lands to the other impacts in its decision: (1) low agricultural value. In many cases, Conservation District pursuant to ‘‘Maintenance of valued cultural, the agricultural value is lower than the Hawaii Revised Statutes (HRS) 195D– historical, or natural resources;’’ (2) assessed value for land in the 5.1. Costs associated with this review ‘‘maintenance of other natural resources Conservation District. This counter- were pointed out by another commenter relevant to Hawaii’s economy, intuitive result reflects the tax break the who stated that they needed to be including, but not limited to, State gives to encourage agriculture. If factored into the economic analysis agricultural resources;’’ (3) the land is redistricted to a subzone along with reductions in tax revenues to ‘‘commitment of state funds and other than the Protective Subzone,

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agriculture could continue in these development and thus not likely to be Center and Kaloko Properties areas, and the land would still be redistricted for the reasons mentioned Development. assessed at a low agricultural value. above, or (2) has little economic value Our Response: The Kaloko Town Land that is not assessed at a low because it is a cinder cone (puu), gulch, Center and Kaloko Properties agricultural value is assessed based on or established endangered plant development are referenced in Section its future development potential. preserve. The remaining 3,806 ha (9,404 3.c. of the Addendum; however, there is However, a loss in development ac) of land are in the Agricultural no change in the DEA cost estimate. potential for land in the critical habitat District and are not currently planned (86) Comment: Text on page VI–16, designation could result in an increase for economic or community Section 3.c (industrial, commercial and in the development potential of land development. It is reasonably other urban development), should outside of the critical habitat foreseeable that this land will be include a discussion regarding the designation. This would result in little redistricted to the Conservation District proposed Kaloko Town Center office, or no net change in the total property because of its importance to the commercial, retail, school, and park values on the island of Hawaii. As such, conservation of the plant species. The uses. while there may be a positive or economic costs associated with Our Response: The Kaloko Town negative effect on county tax revenues redistricting this land are presented in Center office, commercial, retail, school, associated with redistricting, this the State Redistricting of Land section of and park uses are referenced in Section analysis assumes that the net effect will the Addendum. Specifically, these costs 3.f. of the Addendum; however, there is be small. and other costs associated with no change in the DEA cost estimate. (82) Comment: One commenter redistricting are estimated to be $22.3 (87) Comment: Text on page VI–17, disagreed with the finding that any million to $27.9 million. second paragraph under 3.c, should be redistricting of private lands would (83) Comment: One commenter revised to reflect that the developer is likely be limited for the following commented that the figures for indirect TSA Corporation and that a county zone reasons: (1) The DLNR mandate to costs should be totaled in Table VI–3, as change allowing for commercial initiate down-zone; (2) the extensive the commenter did not agree with the industrial mixed use development was amount of critical habitat proposed for Service’s finding that these costs were granted. designation; and (3) the Service’s efforts ‘‘speculative.’’ Our Response: This information is to document and justify critical habitat Our Response: A total indirect costs included in Section 3.e. of the boundaries. figure is not presented in Table VI–3 or Addendum; however, there is no change Our Response: As mentioned in the in Table Add-3 because the probability in the DEA cost estimate. Indirect Costs section of the Addendum, that some of the indirect costs will (88) Comment: Text on page VI–41, even if DLNR initiates amendments to occur is undetermined and the last paragraph, should be revised to the Conservation District boundaries magnitude of other indirect costs is reflect the proposed Kaloko Town based on critical habitat, or is forced to undetermined. Instead, the probabilities Center development and proposed do so by a third-party lawsuit, the LUC and magnitudes of certain categories of residential uses that would be affected. makes the final decision to redistrict a indirect costs are presented in the In addition, reference to the donation of parcel. State law requires the LUC to tables, with further discussion land to the National Park Service should consider a variety of factors when presented in the Indirect Costs sections be deleted. making this decision, including the of the DEA and Addendum. Our Response: As discussed in ‘‘maintenance of other resources The probability that certain indirect Section 3.k. of the Addendum, since the relevant to Hawaii’s economy, costs will occur depends on the land is planned for development, this including, but not limited to, interaction of Federal, State, and county analysis estimates that the conservation agricultural resources;’’ ‘‘provision for officials; landowners; and other set-aside scenario for construction of the employment opportunities and interested parties. The outcome of these Main Street Road project is no longer economic development;’’ ‘‘commitment interactions will depend on a variety of feasible. As such, the $10.7 million to of State funds and resources;’’ factors that are not subject to accurate $15.7 million total project modification ‘‘provision for housing opportunities for quantification or prediction. cost for the K-to-K road projects all income groups, particularly the low, Furthermore, the probability that third mentioned in the DEA is adjusted to low-moderate, and gap groups;’’ and parties will file lawsuits and the $10.5 million to $15.3 million. ‘‘the preservation or maintenance of probability that these lawsuits will be (89) Comment: Text on page VI–69 important natural systems or habitats’’ successful is not known. Thus, the should add Kaloko Town Center and when considering a petition for probability that certain indirect costs Kaloko Properties development to the redistricting (HRS 205–17). Portions of will occur is undetermined. cost of development loss due to Hawaii Units 12 and 13 are planned for (84) Comment: A reference to the redistricting. economic and community development. Kaloko Town Center and Kaloko Our Response: The economic cost of Based on the LUC’s criteria, this Properties Development needs to be the loss of development potential of the analysis assumes that there is a low added to Table ES–1 under ‘‘residential Kaloko Town Center is not discussed in probability that the LUC will redistrict development.’’ the redistricting section of the (either on its own accord or as a result Our Response: The Kaloko Town Addendum because the land is of a third-party lawsuit) these portions Center and Kaloko Properties currently in the Conservation District. of Hawaii Units 12 and 13 to the development are referenced in Section Instead, the cost of development loss for Conservation District. 3.c. of the Addendum and are included the Kaloko Town Center is included in Most of the land (approximately in the heading ‘‘Other Residential the State and County Development 104,288 ha (257,700 ac), or 95 percent) Development’’ in Table Add-3. Approvals section of the Addendum. in the critical habitat designation is (1) (85) Comment: Text on page VI–9, As discussed in the State Redistricting already in the Conservation District, or Section 3.b (residential development), of Land section in the Addendum, the (2) owned by the State or Federal needs to add a discussion regarding the planned development in the portions of Government. Much of the remaining proposed residential development that the Kaloko Properties development that land either (1) is planned for would be part of the Kaloko Town are included in critical habitat include

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a golf course and single-family homes. Statement for Kaloko Town Center will million to $34 million. Again, the The employment that could be likely need to be updated and specific likelihood that the Kaloko generated by this project is not known. supplemented if that land is included Developments will not obtain State and However, construction of the golf course within designated critical habitat. county development approvals as a and homes will generate employment Our Response: This information is result of the critical haibitat designation on the island. Since the LUC must included and discussed in the State and is unknown. consider factors such as the ‘‘provision County Environmental Review section (94) Comment: The Department of for employment opportunities and of the Addendum. Business, Economic Development and economic development’’ (HRS 205–17) (93) Comment: If total economic loss Tourism, a State agency, commented when making redistricting decisions, of Kaloko Properties lands resulted from that the designation of critical habitat this analysis assumes there is a low designation of critical habitat, this loss would compromise the financial probability that the Kaloko Properties would be an estimated $390 million, feasibility of the VOLA (Village of will be redistricted to the Conservation which would be in addition to direct Laiopua) project should there be future District. impacts to three proposed roadway Federal involvement. As such, the (90) Comment: Text on page VI–74 projects. commenter does not agree that the regarding the expansion of Kaloko Our Response: As discussed in the economic impacts of the designation of Industrial Park needs to be revised to State and County Development critical habitat would be ‘‘moderate’’ or reflect an economic loss of $33 million Approvals section in the Addendum, ‘‘modest.’’ due to an estimated loss of 82 acres the Kaloko Properties and Kaloko Town Our Response: Section 3.b of the affecting 72 lots. Center developments (Kaloko Addendum specifically addresses the Our Response: As discussed in the Developments) will require major commenter’s concerns. The State State Redistricting of Land section in discretionary approvals from the State Housing and Community Development the Addendum, the planned and county. The commenter estimates Corporation of Hawaii (HCDCH) is the development in the portions of the that the total economic impact if these primary agency responsible for planning Kaloko Industrial Park expansion that developments do not occur as an the VOLA (Village of Laiopua) project. are included in critical habitat include indirect result of the critical habitat As a result of further discussions with light industrial development and designation will be approximately $390 HCDCH and a review of the Service’s industrial/commercial mixed use million, based on the allowable density; record regarding the VOLA project, this development. Approximately 88 percent average regional selling values of single- analysis concludes that no section 7 of the project is in Hawaii Unit 12. The family and multi-family homes; the consultations are anticipated in the next entire project is expected to generate development cost of office, commercial, 10 years. First, HCDCH is not currently 19,345 direct full-time equivalent jobs and retail buildings; and the seeking Federal funding for the project during the build-out phase and 2,789 development costs per acre of golf and was unable to identify specific direct full-time equivalent jobs upon courses and parks. potential Federal funding programs. full build-out (Wilson Okamoto & However, the methodology used by Second, HUD indicates that there are Associates, Inc. 2000). Since the LUC the commenter to derive the estimated currently no competitive grant programs must consider factors such as the economic impact of $390 million is not for the development of affordable ‘‘provision for employment consistent with the methodology housing and that there are not likely to opportunities and economic presented in the DEA. The landowner’s be any in the near future (HUD 2003). development’’ (HRS 205–17) when estimate is based on selling values and Third, the U.S. Department of making redistricting decisions, this development cost, not profits. As Agriculture Rural Housing Service analysis assumes there is a low mentioned in the DEA, only the (RHS) has a loan guarantee program and probability the Kaloko Industrial Park previous expenditures (sunk costs) and a competitive loan program for the expansion will be redistricted to the future potential profits to the landowner development of affordable housing, but Conservation District. are considered an economic impact of this program is used primarily by As mentioned in the State and County critical habitat designation. Additional individual homeowners and has never Development Approvals section of the construction and development costs are been used by State and county agencies Addendum, all of the major not considered because it is assumed in Hawaii (RHS 2003). Thus, because discretionary approvals for the Kaloko that if development cannot occur in there is no reasonably foreseeable Industrial Park expansion have been critical habitat, it will relocate Federal involvement for the VOLA obtained, so the designation of critical elsewhere in the region. This development, no section 7 consultations habitat is expected to have little impact assumption is supported by the fact that are anticipated. on development approvals for the a large area surrounding critical habitat (95) Comment: One commenter project. As such, this analysis is planned for urban expansion in the provided information on a proposed anticipates there will be no loss of County of Hawaii’s General Plan, and plan for the rehabilitation of the landfill development potential attributable to because there are other entitled projects site at Keahuolu, which involves the critical habitat designation. awaiting development (such as a 1,068 development of a golf course to be used (91) Comment: Text on pages VI–76 ha (2,640 ac) project on State lands that to teach children both a sport and a and VI–85 should add the proposed is just north of Hawaii Unit 13 and skill, and commented that designation Kaloko Town Center and Kaloko planned for residential, commercial, of critical habitat in this area would Properties development. and light industrial development; parks; adversely affect the proposal. The Our Response: These planned a golf course; and other uses). commenter also commented that in the developments are considered in the As estimated in the State and County area currently occupied by the sewage State Redistricting of Land and the Development Approvals section in the plant, there was a desire to build a Reduced Property Value sections of the Addendum, the sunk costs associated wetlands endangered species park and Addendum. with the Kaloko Developments in the designation of critical habitat could (92) Comment: Text on page VI–83, critical habitat designation is $5.8 affect potential Federal funding sources. section 4e(3), needs to indicate that the million, and the present value of the Our Response: Section 3.m of the completed Environmental Impact future stream of profits ranges from $17 Addendum discusses the K2020 project.

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Specifically, due to likely Federal Finally, while the widening of habitat designation that are planned for involvement, the K2020 project would Kealakehe Parkway (Route 197) in development or are likely to generate be subject to a section 7 consultation. As Hawaii Unit 13 is a long-term project, significant future revenues. a result of the consultation, the Service there is no timetable given for the (98) Comment: One commenter indicates that K2020 may have to obtain project. It is likely that extension of the commented on areas of the economic funding for planned endangered plant Parkway (outside of the critical habitat analysis where they felt it both preserves in Hawaii Unit 13 and the designated critical habitat area) would overestimated and underestimated restoration of the portions of critical be required before widening the existing economic costs. The commenter habitat that are temporarily disturbed. portion of roadway; however, no requested that the DEA be revised to The area currently occupied by the timetable is given for the completion of reflect that QLT’s own analysis did sewage plant and planned for a the extension. In addition, the State acknowledge that additional funds wetlands endangered species park is not DOT is working on several other would be expended to achieve build-out included in the critical habitat widening projects in the area, with its of Phases I and II. The commenter also designation and thus this analysis main focus on widening the Queen asked that the economic analysis anticipates no costs associated with this Kaahumanu Highway from downtown include the increased likelihood of loss portion of the K2020 planned project. Kailua to the Airport, that are not of entitlements and revenue and (96) Comment: One commenter estimated to be completed until 2011. increased costs associated with commented that the designation of Given the circumstances, it is unlikely permitting costs and development of critical habitat would restrict the that widening of Kealakehe Parkway infrastructure for Phase III. Department of Transportation’s options (Route 197) will occur within the next Our Response: Chapter VI, Section in the design, maintenance, and 10 years. 4.c.(7) of the DEA discusses the costs construction of highways in affected (97) Comment: Several commenters associated with the loss of development areas and threaten the limited resources commented that the designation of potential at the Keahuolu project site. available to maintain and improve State critical habitat on trust lands (e.g., the The DEA references an economic impact highways. This commenter also stated Queen Liliuokalani Trust and analysis supplied by QLT that states the that the designation of critical habitat Kamehameha Schools) could negate portions of the planned development in would significantly increase the cost of decades of planning as well as millions Phases I and II in the proposed critical planning design, construction, of dollars of infrastructure investment. habitat would yield $44.2 million per maintenance, and repair of the This, in turn, could adversely affect year in lease-rent revenue after the following roads: Saddle Road, Kohala future revenues that would be generated project is fully completed. The DEA Mountain Road, Kawaihae Road, Queen by these entities and, therefore, their states that this estimate tends to Kaahumanu Highway, Mamalahoa ability to carry out social and cultural overstate the total economic impact Highway, Volcano Road, and Kealakehe mandates to provide for their because it does not include additional Parkway. beneficiaries. One commenter funds that would have to be expended Our Response: The costs associated specifically referenced concerns over by QLT in order to reach full completed. with planned road projects in critical Keahuolu Ahupuaa being the last and The QLT analysis acknowledges this habitat are discussed in Chapter VI, only future of producing lands owned fact, and thus the QLT analysis did not Section 3.i. of the DEA and in Sections by the Queen Liliuokalani Trust and the overstate the total economic impact. 3.j. and 3.k. of the Addendum. These need for those lands to continue the The economic impacts associated sections discuss the Saddle Road legacy left by the Queen. with a delay of entitlements, a loss of Improvement and Realignment project Our Response: The economic, social, revenue, and a potential modification to and the planned widening of the Queen cultural, and political impacts the development approvals for Phase III Kaahumanu Highway. The Kawaihae associated with the loss of the of the Keahuolu Project are discussed in Road is not included in the critical development potential on Queen the State and County Development habitat designation. Within the 10-year Liliuokalani Trust (QLT) land in Hawaii Approvals section of the Addendum. In timeframe of this analysis, there are no Unit 13 are discussed in detail in particular, costs are anticipated to range known construction, maintenance, and Chapter VI, Section 4.c.(7) of the DEA from $14.1 million to $21.9 million. repair projects for the Kohala Mountain and the State and County Development (99) Comment: One commenter raised Road and the Volcano Road that will Approvals section in the Addendum. a specific concern about the economic impact the primary constituent elements Specifically, the Addendum estimates impact to Kamehameha Schools and for the listed plants in the critical that the critical habitat designation PIA-Kona Limited Partnership. habitat designation. could lead to a delay in State and Our Response: The portions of the The Mamalahoa Highway (Route 190) county development approvals. This parcel owned by Kamehameha Schools safety improvements in Hawaii Unit 10 would delay completion of the project and leased by PIA-Kona Limited involve simple re-paving and and the associated lease-rent revenues Partnership that are planned for housing resurfacing of the existing roadway. As for QLT. This could have related social development are not included in the mentioned in the DEA, the critical and cultural costs for the community. final designation. The portions of this habitat provisions of section 7 do not The portions of the parcel owned by parcel that are included in the critical apply to the operation and maintenance Kamehameha Schools and leased by habitat designation are currently (O&M) of existing manmade features PIA-Kona Limited Partnership that are managed as an endangered plant and structures because these features do planned for housing development are preserve, and there are no plans for a not contain any primary constituent not included in the final designation. change in management. As such, this elements. Thus, the safety The portions of this parcel that are analysis anticipates there will be no improvements planned for Mamalahoa included in the critical habitat economic impact to the owners of this Highway in Hawaii Unit 10 would not designation are currently managed as an parcel as a result of the critical habitat be subject to section 7 consultation endangered plant preserve, and there designation. because they involve operation and are no plans for a change in (100) Comment: Two commenters maintenance activities rather than new management. Kamehameha Schools did commented that critical habitat in the construction. not identify other lands in the critical Kailua to Keahole area of Kona is

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proposed in a region that has been habitat will cause private landowners to (3) In ‘‘Supplementary Information: master-planned for urban expansion by spend their own resources to determine Discussion of the Plant Taxa’’: We the State and county for over 30 years the possible consequences of such removed Carex montis-eeka from the and for which $50 million of designation on their lands (e.g., legal list of associated species for infrastructure (e.g., Kealakehe Parkway fees). Argyroxiphium kauense. We replaced and Kealakehe High School) is already Our Response: The costs associated Psychotria mariniana and Psychotria in place. This area also includes a with determining the possible greenwelliae with Psychotria spp. currently undeveloped portion of the consequences of critical habitat are (because those two specific species are State’s Villages at Laiopua (VOLA) included in the Investigating the not found on the island of Hawaii) in project that is intended for affordable Implications of Critical Habitat section the discussion of Delissea undulata. We housing, although that project is of the Addendum. Specifically, replaced: occidentale with currently stalled in litigation. The approximately 19 private landowners Blechnum appendiculatum in the commenter noted that this West Hawaii may investigate the implications of discussion of Diellia erecta; area is one of the fastest growing regions critical habitat on their lands at a cost Nototrichium breviflorum with in the State and there is no other viable of $50,000 to $181,000. Nothocestrum breviflorum in the area for expansion. discussion of Hibiscus hualalaiensis; Our Response: The direct and indirect Summary of Changes From the Cyathea cooperi with Sphaeropteris impacts to the Kailua to Keahole area of Proposed Rule cooperi in the discussion of Kona within Hawaii Units 12 and 13 are Based on a review of public Phlegmariurus mannii; and Athyrium discussed in detail in the DEA and in comments received on the proposed sandwicensis with Diplazium the Addendum, including impacts to determinations of critical habitat, we sandwichianum in the discussions of State VOLA project, the Keahuolu have reevaluated our proposed Phyllostegia warshaueri. Project, the Kaloko Industrial Park designations and included several (4) In order to avoid confusion expansion, the Kaloko Town Center, the changes to the final designations of regarding the number of location Kaloko Properties development, three critical habitat. These changes include occurrences for each species (that do not road projects, and the K2020 county the following: necessarily represent viable landfill project. However, Hawaii Units (1) We have designated 99 single populations) and the number of viable 12 and 13 cover a relatively small species critical habitat units for 41 plant populations needed for recovery (e.g., 8 portion of the area planned for urban species on the island of Hawaii instead expansion in the County of Hawaii to 10 with 100, 300, or 500 reproducing of multi-species units to clarify the General Plan. While the DEA and the individuals), we changed the word exact location of critical habitat for each Addendum estimate the economic costs ‘‘population’’ to ‘‘occurrence’’ and species. to landowners in areas designated as updated the number of occurrences for critical habitat, it is estimated that any (2) The scientific names were changed the following species found in the development displaced by critical for the following associated species ‘‘Supplementary Information: habitat will occur elsewhere on the found in the ‘‘Supplementary Discussion of the Plant Taxa’’ section island of Hawaii, due to the availability Information: Discussion of the Plant and ‘‘Table 1.—Summary of existing of comparable land. Thus, the net Taxa’’ section: Cocculus trilobus occurrences on the island of Hawaii, economic impacts to the economic changed to Cocculus orbiculatus in the and landownership for 58 species development of the island of Hawaii discussions of Neraudia ovata and reported from the island of Hawaii’’: will be small. Pleomele hawaiiensis. Jacquemontia Adenophorus periens changed from 13 (101) Comment: Several commenters sandwicensis changed to Jacquemontia populations to 4 occurrences; commented regarding the potential ovalifolia ssp. sandwicensis in the Argyroxiphium kauense changed from 3 adverse effect that designation of critical discussion of Sesbania tomentosa. populations to 4 occurrences; habitat could have on the military. Scaevola sericea changed to Scaevola Asplenium fragile var. insulare changed Specifically, hindering the Army and taccada in the discussions of from 17 populations to 36 occurrences; Navy’s (Marines’) ability to perform Ischaemum byrone and Sesbania Bonamia menziesii and Clermontia their missions because of the limitations tomentosa. Styphelia tameiameiae drepanomorpha changed from 1 imposed by critical habitat would not changed to Leptecophylla tameiameiae population to 2 occurrences; Clermontia only have an adverse effect on the in the discussions of Argyroxiphium lindseyana changed from 17 nation’s military readiness but would kauense, Asplenium fragile var. populations to 15 occurrences; also be a costly waste of fiscal resources insulare, Clermontia drepanomorpha, Clermontia pyrularia changed from 1 or an additional financial burden. Clermontia lindseyana, Colubrina population to 2 occurrences; Colubrina Our Response: The impacts on the oppositifolia, Hedyotis coriacea, oppositifolia changed from 8 readiness and budget of the military are Isodendrion hosakae, Plantago populations to 5 occurrences; Cyanea discussed in the Military Activities hawaiensis, Sesbania tomentosa, Silene platyphylla changed from 9 populations section in the Direct Costs section of the hawaiiensis, Silene lanceolata, and to 6 occurrences; Cyanea shipmanii Addendum and in the Military Tetramolopium arenarium. Wollastonia changed from 5 populations to 3 Readiness section in the Indirect Costs venosa changed to Melanthera venosa in occurrences; Cyanea stictophylla section of the Addendum. Specifically, the discussions of Isodendrion hosakae, changed from 5 populations to 6 the direct costs to military operations Portulaca sclerocarpa, and Sesbania occurrences; Cyrtandra giffardii over the next 10 years range from $31 tomentosa. We replaced Passiflora changed from 7 populations to 8 million to $40 million. The indirect mollissima with Passiflora tarminiana occurrences; Cyrtandra tintinnabula costs include an undetermined in the discussions of Clermontia changed from 6 populations to 4 probability of a loss of $693 million in lindseyana, Clermontia pyrularia, occurrences; Isodendrion hosakae transformation projects and a possible Cyanea hamatiflora ssp. carlsonii, changed from 2 populations to 3 reduction in readiness. Delissea undulata, Phyllostegia occurrences; Diellia erecta changed (102) Comment: One commenter racemosa, and Sicyos alba (Palmer from 3 populations to occurrences; commented that designation of critical 2003; Wagner and Herbst 2002). Flueggea neowawraea changed from 4

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populations to 12 occurrences; Gouania 4 populations to 5 occurrences; Silene primary constituent elements were not vitifolia changed from 1 population to 4 hawaiiensis changed from 23 present in certain portions of the occurrences; Hedyotis coriacea changed populations to 156 occurrences; Silene proposed unit, that certain changes in from 11 populations to 41 occurrences; lanceolata changed from 10 populations land use had occurred on lands within Ischaemum byrone changed from 5 to 69 occurrences; Spermolepis the proposed critical habitat that would populations to 6 occurrences; Melicope hawaiiensis changed from 4 populations preclude those areas from supporting zahlbruckneri changed from 2 to 30 occurrences; Tetramolopium the primary constituent elements, or populations to 3 occurrences; Neraudia arenarium changed from 2 populations that the areas were not essential to the ovata changed from 3 populations to 9 to 8 occurrences; Zanthoxylum conservation of the species in question. occurrences; Nothocestrum breviflorum dipetalum var. tomentosum changed In addition, areas were excluded based changed from 10 populations to 66 from 1 population to 14 occurrences; other impacts pursuant to section 4(b)(2) occurrences; Phyllostegia racemosa and Zanthoxylum hawaiiense changed of the Act (see ‘‘Other Impacts’’). changed from 7 populations to 6 from 4 populations to 186 occurrences. (7) In accordance with the revisions occurrences; Phyllostegia velutina (5) We revised the list of excluded, described in (1) through (6), we revised changed from 5 populations to 8 manmade features in the ‘‘Criteria Used § 17.12 ‘‘Endangered and threatened occurrences; Plantago hawaiensis to Identify Critical Habitat’’ and § 17.99 plants’’ and § 17.99 ‘‘Critical Habitat; changed from 8 populations to 6 to include additional features based on plants on the islands of Kauai, Niihau, occurrences; Pleomele hawaiiensis information received during the public Molokai, Maui, Kahoolawe, Oahu, and changed from 8 populations to 22 comment periods. Hawaii, Hawaii, and the Northwestern occurrences; Portulaca sclerocarpa (6) We made revisions to the unit Hawaiian Islands’’, as appropriate. changed from 19 populations to 20 boundaries based on information A brief summary of the modifications occurrences; Sesbania tomentosa supplied by commenters, as well as made to each unit is given below (see changed from 11 populations to 31 information gained from field visits to also Figure 1). occurrences; Sicyos alba changed from some of the sites, that indicated that the BILLING CODE 4310–55–P

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BILLING CODE 4310–55–CS4700 hawaiiensis. Modifications were made designated as critical habitat for this Hawaii A1 to this unit to exclude areas that do not endemic species provides habitat within contain the primary constituent its historical range for one population of This unit was proposed as critical elements for this species. The area Pleomele hawaiiensis. Three other habitat for one species, Pleomele

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critical habitat units for this species are mutica—d, Hawaii 9—Achyranthes critical habitat for a total of five designated on the island of Hawaii for mutica—e, Hawaii 9—Achyranthes populations. There is habitat for four a total of nine populations, and mutica—f, Hawaii 9—Achyranthes other populations on lands excluded excluded Kamehameha Schools lands mutica—g, Hawaii 9—Achyranthes from this final rule in PTA (see provide habitat for one additional mutica—h, Hawaii 9—Achyranthes ‘‘Analysis of Impacts Under Section population (see ‘‘Analysis of Impacts mutica—i, Hawaii 9—Achyranthes 4(b)(2)’’). Under Section 4(b)(2)’’). mutica—j, Hawaii 8—Clermontia The area designated as critical habitat These modifications resulted in the drepanomorpha—a, and Hawaii 8— for the island-endemic species, reduction from 719 ha (1,777 ac) to 677 Phyllostegia warshaueri—b. Isodendrion hosakae, provides habitat ha (1,673 ac). This unit was renamed for one population within its historical Hawaii 7—Pleomele hawaiiensis—a. Hawaii C range. There is habitat designated This unit was proposed as critical elsewhere on the island of Hawaii for Hawaii A2 habitat for one multi-island species, eight populations of Isodendrion This unit was proposed as critical Sesbania tomentosa. The entire area hosakae. The area designated as critical habitat for Nothocestrum breviflorum. proposed for this species is eliminated habitat for the multi-island species, Modifications were made to this unit to from this final rule. This area is not Vigna o-wahuensis, provides habitat for exclude areas that do not contain the essential to the conservation of this one population within its historical primary constituent elements for this species because it has a lower range. Critical habitat was designated species. The area designated as critical proportion of associated native species within its historical range on Oahu habitat for this endemic species than other areas we consider to be (habitat for three populations) and Maui provides habitat within its historical essential to the conservation of this (habitat for one population) (68 FR range for four populations of species, and there are 12 other locations 35949, June 17, 2003; 68 FR 25934, May Nothocestrum breviflorum. There is that have been designated to meet the 14, 2003). Habitat is designated habitat designated elsewhere on the recovery goal of 8 to 10 populations elsewhere on the island of Hawaii for island of Hawaii for this species throughout its historical range on this four populations. providing habitat for nine populations. and other islands. We designated These modifications resulted in the These modifications resulted in the critical habitat for this species on Nihoa reduction from 55 ha (136 ac) to 49 ha reduction from 2,685 ha (6,635 ac) to (habitat for one population), Necker (121 ac). This unit was renamed Hawaii 1,516 ha (3,744 ac). This unit was (habitat for one population), Kauai 4—Isodendrion hosakae—a and Hawaii renamed Hawaii 5—Nothocestrum (habitat for two populations), Oahu 4—Vigna o-wahuensis—a. breviflorum—a and Hawaii 6— (habitat for two populations), Molokai Hawaii D2 Nothocestrum breviflorum—b. (habitat for two populations), and Maui (habitat for two population)(68 FR This unit was proposed as critical Hawaii B 28054, May 22, 2003; 68 FR 9116, habitat for three species: Isodendrion This unit was proposed as critical February 27, 2003; 68 FR 35949, June hosakae, Portulaca sclerocarpa, and habitat for three species: Achyranthes 17, 2003; 68 FR 12982, March 19, 2003; Vigna o-wahuensis. Modifications were mutica, Clermontia drepanomorpha, 68 FR 25934, May 14, 2003). There is made to this unit to exclude areas that and Phyllostegia warshaueri. habitat designated elsewhere on the do not contain the primary constituent Modifications were made to this unit to island of Hawaii for this species, elements for these species. exclude areas that do not contain the providing habitat for two populations. We eliminated the proposed critical primary constituent elements for these Exclusion of this unit from critical habitat in Hawaii D2 for Portulaca species. habitat for Sesbania tomentosa resulted sclerocarpa. The area proposed for this The area designated as critical habitat in the overall reduction of 38 ha (94 ac) species is eliminated from this final rule for the two species endemic to the from critical habitat on the island of because it is not essential to the island of Hawaii provides habitat for six Hawaii. conservation of this species because it populations of Clermontia has a lower proportion of associated drepanomorpha and three populations Hawaii D1 native species than other areas we of Phyllostegia warshaueri within their This unit was proposed as critical consider to be essential to the historical ranges. One other critical habitat for three species: Isodendrion conservation of Portulaca sclerocarpa. habitat unit for Phyllostegia warshaueri hosakae, Portulaca sclerocarpa, and This species is currently found on the is designated on the island of Hawaii for Vigna o-wahuensis. Modifications were islands of Lanai and Hawaii, and critical a total of 10 populations. The area made to this unit to exclude areas that habitat for one population was designated as critical habitat for the do not contain the primary constituent designated on Lanai (68 FR 1220, multi-island Achyranthes mutica elements for these species. January 9, 2003). This rule designates species provides habitat for 10 In addition, we eliminated the critical habitat for a total of five populations within its historical range. proposed critical habitat in Hawaii D1 populations. There is habitat for four Nine other critical habitat units for this for Portulaca sclerocarpa. The area other populations on lands excluded species are designated on the island of proposed for this species is eliminated from this final rule in PTA (see Hawaii. This species is historically from this final rule because it is not ‘‘Analysis of Impacts Under Section known from Kauai, but no critical essential to the conservation of this 4(b)(2)’’). habitat was designated for it on that species due to its lower proportion of The area designated as critical habitat island (68 FR 9116, February 27, 2003). associated native species than other for the island-endemic species, These modifications resulted in the areas we consider to be essential to the Isodendrion hosakae, provides habitat reduction from 8,200 ha (20,263 ac) to conservation of Portulaca sclerocarpa. for one population within its historical 3,360 ha (8,304 ac). This unit was This species is currently found on the range. There is habitat designated renamed Hawaii 9—Achyranthes islands of Lanai and Hawaii, and critical elsewhere on the island of Hawaii for mutica—a, Hawaii 9—Achyranthes habitat for one population was eight populations of Isodendrion mutica—b, Hawaii 9—Achyranthes designated on Lanai (68 FR 1220, hosakae. The area designated as critical mutica—c, Hawaii 9—Achyranthes January 9, 2003). This rule designates habitat for the multi-island species,

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Vigna o-wahuensis, provides habitat for four populations. The area designated as the proposed critical habitat in Hawaii one population within its historical critical habitat for the island-endemic D6 for Portulaca sclerocarpa. The area range. Critical habitat was designated species, Isodendrion hosakae, provides proposed for this species is eliminated within its historical range on Oahu habitat for one population within its from this final rule because it is not (habitat for three populations) and Maui historical range. There is habitat essential to the conservation of this (habitat for one population) (68 FR designated elsewhere on the island of species because it has a lower 35949, June 17, 2003; 68 FR 25934, May Hawaii for Isodendrion hosakae (for proportion of associated native plant 14, 2003). Habitat is designated eight populations). species that other areas we consider to elsewhere on the island of Hawaii for These modifications resulted in the be essential to the conservation of four populations. reduction from 14 ha (34 ac) to 11 ha (26 Portulaca sclerocarpa. This species is These modifications resulted in the ac). This unit was renamed Hawaii 4— currently found on the island of Lanai reduction from 43 ha (107 ac) to 35 ha Isodendrion hosakae—e. and Hawaii, and critical habitat for one (87 ac). This unit was renamed Hawaii Hawaii D5 population was designated on Lanai (68 4—Isodendrion hosakae—b and Hawaii FR 1220, January 9, 2003). This rule 4—Vigna o-wahuensis—b. This unit was proposed as critical designates habitat for a total of five habitat for three species: Isodendrion Hawaii D3 populations. There is habitat for four hosakae, Portulaca sclerocarpa, and other populations on other lands This unit was proposed as critical Vigna o-wahuensis. The entire area excluded from this final rule in PTA habitat for Isodendrion hosakae. proposed for these species was (see ‘‘Analysis of Impacts Under Section Modifications were made to this unit to eliminated. This area is eliminated from 4(b)(2)’’). The area excluded for the exclude areas that do not contain the this final rule because it is not essential island-endemic species, Isodendrion primary constituent elements for this to the conservation of these species hosakae, provides habitat for one because it has a lower proportion of species. The area designated as critical population within its historical range. associated native species than other habitat for this island-endemic species There is habitat designated for six areas we consider to be essential to the provides habitat within its historical populations elsewhere on the island of conservation of these species, and there range for one population of Isodendrion Hawaii in this rule. The area excluded are 10 other locations that have been hosakae. There is habitat designated for the multi-island species, Vigna o- designated on this and other islands to elsewhere on the island of Hawaii for wahuensis, provides habitat for one meet the recovery goal of 8 to 10 eight populations of Isodendrion population within its historical range. populations throughout the historical hosakae. Critical habitat was designated on Oahu These modifications resulted in the ranges of Portulaca sclerocarpa and (habitat for three populations) and Maui reduction from 257 ha (636 ac) to 49 ha Vigna o-wahuensis. Portulaca (habitat for one population) (68 FR (121 ac). This unit was renamed Hawaii sclerocarpa is currently found on the 35949, June 17, 2003; 68 FR 25934, May 4—Isodendrion hosakae—c and Hawaii islands of Lanai and Hawaii, and critical 14, 2003). Habitat is designated 4—Isodendrion hosakae—d. habitat for one population was designated on Lanai (68 FR 1220, elsewhere on the island of Hawaii for Hawaii D4 January 9, 2003). This rule designates three populations in this rule. Exclusion This unit was proposed as critical critical habitat for a total of five of this unit from critical habitat for these habitat for three species: Isodendrion populations. There is habitat for four three species resulted in the overall hosakae, Portulaca sclerocarpa, and other populations on lands excluded reduction of 36 ha (89 ac) of critical Vigna o-wahuensis. Modifications were from this final rule in PTA (see habitat on the island of Hawaii. made to this unit to exclude areas that ‘‘Analysis of Impacts Under Section Hawaii D7 do not contain the primary constituent 4(b)(2)’’). Critical habitat for Vigna o- elements for these species. wahuensis was designated on Oahu This unit was proposed as critical We eliminated the proposed critical (habitat for three populations) and Maui habitat for three species: Isodendrion habitat in Hawaii D4 for Portulaca (habitat for one population) (68 FR hosakae, Portulaca sclerocarpa, and sclerocarpa and Vigna o-wahuensis. The 35949, June 17, 2003; 68 FR 25934, May Vigna o-wahuensis. Modifications were area proposed for these species is 14, 2003). Habitat is designated made to this unit to exclude areas that eliminated from this final rule because elsewhere on the island of Hawaii for do not contain the primary constituent it is not essential to the conservation of four populations. There is habitat elements for these species. these species because it has a lower designated elsewhere on the island of We eliminated the proposed critical proportion of associated native species Hawaii for Isodendrion hosakae (for habitat in Hawaii D7 for Portulaca than other areas we consider to be eight populations). Exclusion of this sclerocarpa. The area proposed for this essential to the conservation of unit from critical habitat for these three species is eliminated from this final rule Portulaca sclerocarpa and Vigna o- species resulted in the overall reduction because it is not essential to the wahuensis. This rule designates critical of 1 ha (2.5 ac) of critical habitat on the conservation of this species because it habitat for a total of five populations of island of Hawaii. has a lower proportion of associated Portulaca sclerocarpa. There is habitat native species than other areas we for four other populations of Portulaca Hawaii D6 consider to be essential to the sclerocarpa on lands excluded from this This unit was proposed as critical conservation of Portulaca sclerocarpa. final rule in PTA (see ‘‘Analysis of habitat for three species: Isodendrion This species is currently found on the Impacts Under Section 4(b)(2)’’). Critical hosakae, Portulaca sclerocarpa, and islands of Lanai and Hawaii and critical habitat for Vigna o-wahuensis was Vigna o-wahuensis. The entire unit was habitat for one population was designated within its historical range on excluded from final critical habitat. We designated on Lanai (68 FR 1220, Oahu (habitat for three populations) and excluded the proposed critical habitat January 9, 2003). This rule designates Maui (habitat for one population) (68 FR on PTA lands for reasons described in critical habitat for a total of five 35949, June 17, 2003; 68 FR 25934, May ‘‘Analysis of Impacts Under Section populations. There is habitat for four 14, 2003). Habitat is designated 4(b)(2)’’ for Isodendrion hosakae and other populations on lands excluded elsewhere on the island of Hawaii for Vigna o-wahuensis. We also eliminated from this final rule in PTA (see

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‘‘Analysis of Impacts Under Section habitat for one population within its and Cyrtandra giffardii; seven 4(b)(2)’’). historical range. There is habitat populations of Cyrtandra tintinnabula The area designated as critical habitat designated for six populations and Phyllostegia warshaueri; and five for the island-endemic species, elsewhere on the island of Hawaii in populations of Phyllostegia racemosa. Isodendrion hosakae, provides habitat this rule. Exclusion of this unit from The area designated as critical habitat for one population within its historical critical habitat for these three species for the multi-island species Clermontia range. There is habitat designated resulted in the overall reduction of 8 ha peleana provides habitat for six elsewhere on the island of Hawaii for (21 ac) of critical habitat on the island populations within its historical range. Isodendrion hosakae (for eight of Hawaii. Habitat for four additional populations populations). The area designated as of Clermontia peleana is designated in Hawaii E critical habitat for the multi-island this rule. species, Vigna o-wahuensis, provides This unit was proposed as critical These modifications resulted in the habitat for one population within its habitat for three species: Clermontia reduction from 13,906 ha (34,363 ac) to historical range. Critical habitat was lindseyana, Clermontia pyrularia, and 11,539 ha (28,513 ac). This unit was designated on Oahu (habitat for three Phyllostegia racemosa. Modifications renamed Hawaii 1—Clermontia populations) and Maui (habitat for one were made to this unit to exclude areas lindseyana—a, Hawaii 1—Clermontia population) (68 FR 35949, June 17, that do not contain the primary peleana—a, Hawaii 1—Clermontia 2003; 68 FR 25934, May 14, 2003). constituent elements for these species. pyrularia—a, Hawaii 1—Cyanea Habitat is designated elsewhere on the The area designated as critical habitat shipmanii—a, Hawaii 1—Phyllostegia island of Hawaii for four populations. for the two island-endemic species racemosa—a, Hawaii 3—Clermontia These modifications resulted in the provides habitat for three populations of peleana—b, Hawaii 3—Cyanea reduction from 112 ha (278 ac) to 51 ha Clermontia pyrularia and three platyphylla—a, Hawaii 3—Cyrtandra (127 ac). This unit was renamed Hawaii populations of Phyllostegia racemosa giffardii—a, Hawaii 3—Cyrtandra 4—Isodendrion hosakae—f and Hawaii within their historical ranges. The area tintinnabula—a, and Hawaii 3— 4—Vigna o-wahuensis—c. designated as critical habitat for the Phyllostegia warshaueri—a. multi-island species provides habitat for Hawaii D8 two populations of Clermontia Hawaii G This unit was proposed as critical lindseyana within its historical range. This unit was proposed as critical habitat for three species: Isodendrion Critical habitat for two additional habitat for 12 species: Argyroxiphium hosakae, Portulaca sclerocarpa, and populations was designated for this kauense, Asplenium fragile var insulare, Vigna o-wahuensis. The entire area species on Maui (68 FR 25934, May 14, Clermontia lindseyana, Clermontia proposed for these species was 2003) and habitat is designated for a peleana, Cyanea platyphylla, Cyanea eliminated from final critical habitat. total of eight populations on the island shipmanii, Cyanea stictophylla, We eliminated the proposed critical of Hawaii in this rule. Cyrtandra giffardii, Phyllostegia habitat in Hawaii D6 for Portulaca These modifications resulted in the racemosa, Phyllostegia velutina, sclerocarpa and Vigna o-wahuensis. The reduction from 2,992 ha (7,393 ac) to Plantago hawaiensis, and Sicyos alba. area proposed for these species was 2,189 ha (5,409 ac). This unit was Modifications were made to this unit to determined to be not essential to the renamed Hawaii 2—Clermontia eliminate areas that do not contain the conservation of this species because it lindseyana—b, Hawaii 2—Clermontia primary constituent elements for these has a lower proportion of associated pyrularia—b, and Hawaii 2— species or were considered not essential native plant species than other areas we Phyllostegia racemosa—b. to the conservation of these species. consider to be essential to the Some portions eliminated from this conservation of Portulaca sclerocarpa Hawaii F final rule were not essential to the and Vigna o-wahuensis. Portulaca This unit was proposed as critical conservation of these species because sclerocarpa is currently found on the habitat for seven species: Clermontia they have a lower proportion of island of Lanai and Hawaii, and critical peleana, Cyanea platyphylla, Cyanea associated native species than other habitat for one population was shipmanii, Cyrtandra giffardii, areas we consider to be essential to the designated on Lanai (68 FR 1220, Cyrtandra tintinnabula, Phyllostegia conservation of these species, and there January 9, 2003). This rule designates racemosa, and Phyllostegia warshaueri. are at least 8 other locations that have habitat for a total of five populations. Modifications were made to this unit to been designated or are designated in There is habitat for four other eliminate areas that do not contain the this rule to meet the recovery goal of 8 populations on other lands excluded primary constituent elements for these to 10 populations throughout their from this final rule in PTA (see species or were considered not essential historical ranges on this and other ‘‘Analysis of Impacts Under Section to the conservation of these species islands. 4(b)(2)’’). Critical habitat for Vigna o- because they have a lower proportion of We eliminated the proposed critical wahuensis was designated within its associated native species than other habitat for the multi-island species, historical range on Oahu (habitat for areas we consider to be essential to the Asplenium fragile var. insulare, in three populations) and Maui (habitat for conservation of these species, and there Hawaii G because it is not essential to one population) (68 FR 35949, June 17, are at least 8 other locations that have the conservation of this species. 2003; 68 FR 25934, May 14, 2003). been designated or are designated in Asplenium fragile var. insulare is Habitat is designated elsewhere on the this rule to meet the recovery goal of 8 historically known from Maui and we island of Hawaii for three populations to 10 populations throughout their have designated critical habitat for two in this rule. historical ranges on this and other populations for this species on that We also excluded the proposed islands. island (68 FR 25934, May 14, 2003). critical habitat on PTA lands (see The area designated as critical habitat There is also habitat for seven ‘‘Analysis of Impacts Under Section for the six island-endemic species populations on lands excluded from this 4(b)(2)’’) for Isodendrion hosakae. The provides habitat within their historical final rule on the island of Hawaii in area excluded for the island-endemic ranges for three populations each of PTA (see ‘‘Analysis of Impacts Under species, Isodendrion hosakae, provides Cyanea platyphylla, Cyanea shipmanii, Section 4(b)(2)’’), and this rule

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designates critical habitat for one conservation of these species. Some range for one population of additional population. We excluded the portions eliminated from this final rule Adenophorus periens. We have proposed critical habitat on were not essential to the conservation of designated critical habitat for this Kamehameha Schools lands in Hawaii G these species because they have a lower species for four populations on Kauai, because the benefits of excluding these proportion of associated native species one population on Oahu, and four lands outweighed the benefits of than other areas we consider to be populations on Molokai, in addition to including them in critical habitat (see essential to the conservation of these the habitat for one population ‘‘Analysis of Impacts Under Section species, and there are at least 8 other designated in this rule (68 FR 9116, 4(b)(2)’’). Those excluded lands provide locations that have been designated or February 27, 2003; 68 FR 35949, June habitat for recovery populations of are designated in this rule to meet the 17, 2003; 68 FR 12982, March 19, 2003). Phyllostegia racemosa and Phyllostegia recovery goal of 8 to 10 populations These modifications resulted in the velutina, as detailed below. throughout their historical ranges on the reduction from 5,065 ha (12,516 ac) to The area designated as critical habitat island of Hawaii. 2,733 ha (6,754 ac). This unit was for the nine island-endemic species We eliminated the proposed critical renamed Hawaii 28—Adenophorus provides habitat for 2 populations of habitat for the endemic species periens—a. Argyroxiphium kauense, 6 populations Phyllostegia racemosa in Hawaii H. The Hawaii K of Cyanea platyphylla, 4 populations of area proposed for this species was Cyanea shipmanii, 6 populations of eliminated from this final rule because This unit was proposed as critical Cyanea stictophylla, 7 populations of it is not essential to the conservation of habitat for seven species: Cyrtandra giffardii, 5 populations (in this species. We have designated habitat Argyroxiphium kauense, Asplenium combination with Kamehameha Schools within this species’ historical range in fragile var. insulare, Clermontia lands) of Phyllostegia racemosa, 6 three other units, providing habitat for lindseyana, Cyanea stictophylla, populations (in combination with 10 populations on the island of Hawaii. Melicope zahlbruckneri, Plantago Kamehameha Schools lands) of The area designated as critical habitat hawaiensis, and Phyllostegia velutina. Phyllostegia velutina, 3 populations of for the other three island-endemic Modifications were made to this unit to Plantago hawaiensis, and 10 species provides habitat for one exclude areas that do not contain the populations of Sicyos alba within their population of Argyroxiphium kauense, primary constituent elements for these historical ranges. The area designated as four populations of Plantago species. Some portions eliminated from critical habitat for the two multi-island hawaiensis, and one population of this final rule were not essential to the species provides habitat for four Silene hawaiiensis within their conservation of these species because populations each of Clermontia historical ranges. they have a lower proportion of lindseyana and Clermontia peleana These modifications resulted in the associated native species than other within their historical ranges. Critical reduction from 5,322 ha (13,151 ac) to areas we consider to be essential to the habitat for two populations of 2,433 ha (6,011 ac). This unit was conservation of these species. Clermontia lindseyana was designated renamed Hawaii 25—Argyroxiphium We eliminated the proposed critical on Maui (68 FR 25934, May 14, 2003) kauense—c, Hawaii 25—Plantago habitat in Hawaii K for Clermontia and is designated for a total of eight hawaiensis—b, and Hawaii 25—Silene lindseyana. The area proposed for this populations in this rule. Clermontia hawaiiensis—a. species was eliminated from this final peleana has critical habitat designated rule because it is not essential to the for a total of 10 populations in this rule. Hawaii I conservation of this species because it These modifications resulted in the This unit was proposed as critical has a lower proportion of associated reduction from 32,286 ha (79,781 ac) to habitat for two island-endemic species: native species than other areas we 20,261 ha (50,066 ac). This unit was Hibiscadelphus giffardianus and consider to be essential to the renamed Hawaii 29—Clermontia Melicope zahlbruckneri. Modifications conservation of Clermontia lindseyana, peleana—c, Hawaii 29—Cyanea were made to this unit to exclude areas and there are at least 10 other locations platyphylla—b, Hawaii 29—Cyrtandra that do not contain the primary for this species designated elsewhere on giffardii—b, Hawaii 29—Cyrtandra constituent elements for these species. the islands of Hawaii and Maui within tintinnabula—b, Hawaii 30— The area designated as critical habitat its historical range. Critical habitat for Argyroxiphium kauense—d, Hawaii for these endemic species provides two populations was designated on 30—Clermontia lindseyana—c, Hawaii habitat for one population of Maui (68 FR 25934, May 14, 2003) and 30—Cyanea shipmanii—b, Hawaii 30— Hibiscadelphus giffardianus and two habitat for eight populations is Cyanea shipmanii—c, Hawaii 30— populations of Melicope zahlbruckneri designated in this rule. Cyanea stictophylla—d, Hawaii 30— within their historical ranges. The area designated as critical habitat Cyrtandra giffardii—c, Hawaii 30— These modifications resulted in the for the five island-endemic species Phyllostegia hawaiiensis—c, Hawaii reduction from 522 ha (1,290 ac) to 497 provides habitat for four populations of 30—Phyllostegia racemosa—c, Hawaii ha (1,228 ac). This unit was renamed Argyroxiphium kauense, two 30—Phyllostegia velutina—b, and Hawaii 26—Hibiscadelphus populations of Cyanea stictophylla, one Hawaii 30—Sicyos alba—a. giffardianus—a and Hawaii 26— population of Melicope zahlbruckneri, Melicope zahlbruckneri—b. four populations of Phyllostegia Hawaii H velutina, and three populations of This unit was proposed as critical Hawaii J Plantago hawaiensis within their habitat for four island endemic species: This unit was proposed as critical historical ranges. The area designated as Argyroxiphium kauense, Phyllostegia habitat for Adenophorus periens. critical habitat for the multi-island racemosa, Plantago hawaiensis, and Modifications were made to this unit to species provides habitat for one Silene hawaiiensis. Modifications were exclude areas that do not contain the population of Asplenium fragile var. made to this unit to exclude areas that primary constituent elements for this insulare within its historical range. do not contain the primary constituent species. The area designated as critical These modifications resulted in the elements for these species or were habitat for this multi-island species reduction from 15,294 ha (37,792 ac) to considered not essential to the provides habitat within its historical 10,961 ha (27,085 ac). This unit was

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renamed Hawaii 24—Argyroxiphium 9116, February 27, 2003; 68 FR 35949, critical habitat for Ischaemum byrone kauense—b, Hawaii 24—Asplenium June 17, 2003; 68 FR 12982, March 19, resulted in the overall reduction of 133 fragile var. insulare—a, Hawaii 24— 2003; 68 FR 25934, May 14, 2003). In ha (328 ac) of critical habitat on the Cyanea stictophylla—c, Hawaii 24— this rule, we are designating habitat for island of Hawaii. Melicope zahlbruckneri—a, Hawaii 24— two populations of Sesbania tomentosa. Hawaii M3 Phyllostegia velutina—a, and Hawaii These modifications resulted in the 24—Plantago hawaiensis—a. reduction from 15,294 ha (37,792 ac) to This unit was proposed as critical 14,841 ha (36,674 ac). This unit was habitat for one multi-island species, Hawaii L renamed Hawaii 20—Sesbania Ischaemum byrone. The entire area This unit was proposed as critical tomentosa—a, Hawaii 21—Ischaemum proposed for this species was habitat for five species: Ischaemum byrone—a, Hawaii 23—Pleomele eliminated. This area is not essential to byrone, Pleomele hawaiiensis, Portulaca hawaiiensis—d, Hawaii 23—Sesbania the conservation of this species because sclerocarpa, Sesbania tomentosa, and tomentosa—b, Hawaii 27—Portulaca it has a lower proportion of associated Silene hawaiiensis. Modifications were sclerocarpa—a, and Hawaii 27—Silene native species than other areas we made to this unit to exclude areas that hawaiiensis—b. consider to be essential to the do not contain the primary constituent conservation of this species, and there elements for these species. In addition, Hawaii M1 are 10 other locations that have been some portions eliminated were not This unit was proposed as critical designated to meet the recovery goal of essential to the conservation of these habitat for one multi-island species, 8 to 10 populations throughout its species because they have a lower Ischaemum byrone. The entire area historical range on this and other proportion of associated native species proposed for this species was islands. We have designated critical than other areas we consider to be eliminated. This area is not essential to habitat for this species on Kauai (for essential to the conservation of these the conservation of this species because three populations) and Maui (for two species, and there are at least 8 other it has a lower proportion of associated populations) (68 FR 35949, June 17, locations that have been designated or native species than other areas we 2003; 68 FR 9116, February 27, 2003; 69 are designated in this rule to meet the consider to be essential to the FR 12982, March 19, 2003; 68 FR 25934, recovery goal of 8 to 10 populations conservation of this species, and there May 14, 2003). In this rule, we are throughout their historical ranges. are 10 other locations that have been designating habitat for three The area designated as critical habitat designated to meet the recovery goal of populations. Exclusion of this unit from for the two island-endemic species 8 to 10 populations throughout its critical habitat for Ischaemum byrone provides habitat for five populations of historical range on this and other resulted in the overall reduction of 141 Pleomele hawaiiensis and one islands. We have designated critical ha (349 ac) of critical habitat on the population of Silene hawaiiensis within habitat for this species on Kauai (for island of Hawaii. their historical ranges. The area three populations), and Maui (for two designated as critical habitat for the populations) (68 FR 35949, June 17, Hawaii M4 three multi-island species provides 2003; 68 FR 9116, February 27, 2003; 68 This unit was proposed as critical habitat for two populations each of FR 12982, March 19, 2003; 68 FR 25934, habitat for one multi-island species, Ischaemum byrone and Sesbania May 14, 2003). In this rule we are Ischaemum byrone. The entire area tomentosa and five populations of designating habitat for three proposed for this species was Portulaca sclerocarpa within their populations. Exclusion of this unit from eliminated. This area is not essential to historical ranges. We designated critical critical habitat for Ischaemum byrone the conservation of this species because habitat for Ischaemum byrone on Kauai resulted in the overall reduction of 19 it has a lower proportion of associated (habitat for three populations), Molokai ha (46 ac) of critical habitat on the native species than other areas we (habitat for two populations), and Maui island of Hawaii. consider to be essential to the (habitat for two populations) (68 FR conservation of this species, and there Hawaii M2 9116, February 27, 2003; 68 FR12982, are 10 other locations that have been March 19, 2003; 68 FR 25934, May 14, This unit was proposed as critical designated to meet the recovery goal of 2003). We are designating habitat for a habitat for one multi-island species, 8 to 10 populations throughout its’ total of three populations on the island Ischaemum byrone. The entire area historical range on this and other of Hawaii in this rule. Portulaca proposed for this species was islands. We have designated critical sclerocarpa is currently found on the eliminated. This area is not essential to habitat for this species on Kauai (for islands of Lanai and Hawaii, and critical the conservation of this species because three populations) and Maui (for two habitat for one population was it has a lower proportion of associated populations) (68 FR 35949, June 17, designated on Lanai (68 FR 1220, native species than other areas we 2003; 68 FR 9116, February 27, 2003; 68 January 9, 2003). This rule designates consider to be essential to the FR 12982, March 19, 2003; 68 FR 25934, critical habitat for a total of five conservation of this species, and there May 14, 2003). In this rule we are populations. There is habitat for four are 10 other locations that have been designating habitat for three other populations on lands excluded designated to meet the recovery goal of populations. Exclusion of this unit from from this final rule in PTA (see 8 to 10 populations throughout its critical habitat for Ischaemum byrone ‘‘Analysis of Impacts Under Section historical range on this and other resulted in the overall reduction of 141 4(b)(2)’’). We have designated critical islands. We have designated critical ha (348 ac) of critical habitat on the habitat for Sesbania tomentosa on habitat for this species on Kauai (for island of Hawaii. Nihoa (habitat for one population), three populations) and Maui (for two Necker (habitat for one population), populations) (68 FR 35949, June 17, Hawaii M5 Kauai (habitat for two populations), 2003; 68 FR 9116, February 27, 2003; 68 This unit was proposed as critical Oahu (habitat for two populations), FR 12982, March 19, 2003; 68 FR 25934, habitat for one species, Ischaemum Molokai (habitat for two populations), May 14, 2003). In this rule, we are byrone. Modifications were made to this and Maui (habitat for two populations) designating habitat for three unit to exclude areas that do not contain (68 FR 28054, May 22, 2003; 68 FR populations. Exclusion of this unit from the primary constituent elements for

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this species. The area designated as islands. We designated critical habitat Hawaii Q critical habitat for this multi-island for this species on Nihoa (habitat for one This unit was proposed as critical species provides habitat within its population), Necker (habitat for one habitat for six species: Colubrina historical range for one population of population), Kauai (habitat for two oppositifolia, Diellia erecta, Flueggea Ischaemum byrone. We have designated populations), Oahu (habitat for two neowawraea, Gouania vitifolia, critical habitat for this species on Kauai populations), Molokai (habitat for two Neraudia ovata, and Pleomele (habitat for three populations), Molokai populations), and Maui (habitat for two hawaiiensis. Modifications were made (habitat for two populations), and Maui populations) (68 FR 28054, May 22, to this unit to exclude areas that do not (habitat for two populations) (68 FR 2003; May 22, 2003; 68 FR 9116, contain the primary constituent 9116, February 27, 2003; 68 FR 12982, February 27, 2003; 68 FR 35949, June elements for these species. The portions March 19, 2003; 68 FR 25934, May 14, 17, 2003; 68 FR 12982, March 19, 2003; eliminated from this final rule were not 2003). In this rule, we are designating 68 FR 25934, May 14, 2003). In this rule, essential to the conservation of these habitat for three populations on the we are designating habitat elsewhere on species because they have a lower island of Hawaii. the island of Hawaii for two proportion of associated native species These modifications resulted in the populations. Exclusion of this unit from than other areas we consider to be reduction from 533 ha (1,316 ac) to 159 critical habitat for Sesbania tomentosa essential to the conservation of these ha (393 ac). This unit was renamed species, and there are at least eight other Hawaii 22—Ischaemum byrone—b. resulted in the overall reduction of 441 ha (1,091 ac) of critical habitat on the locations that have been designated or Hawaii N1 island of Hawaii. are being designated in this rule to meet the recovery goal of 8 to 10 populations This unit was proposed as critical Hawaii O habitat for one multi-island species, throughout their historical ranges. The area designated as critical habitat Sesbania tomentosa. The entire area This unit was proposed as critical for the two island-endemic species proposed for this species was habitat for one species, Mariscus fauriei. provides habitat for two populations eliminated. This area is not essential to Modifications were made to this unit to each of Neraudia ovata and Pleomele the conservation of this species because exclude areas that do not contain the hawaiiensis within their historical it has a lower proportion of associated primary constituent elements for this ranges. The area designated as critical native species than other areas we species. consider to be essential to the habitat for the four multi-island species conservation of this species, and there The area designated as critical habitat provides habitat for two populations are 12 other locations that have been for this multi-island species provides each of Colubrina oppositifolia and designated to meet the recovery goal of habitat within its historical range for Gouania vitifolia, and one population 8 to 10 populations throughout its one population of Mariscus fauriei. We each of Diellia erecta and Flueggea historical range on this and other designated critical habitat for this neowawraea, within their historical islands. We designated critical habitat species on Molokai (habitat for seven ranges. We designated critical habitat for this species on Nihoa (habitat for one populations) (68 FR 12982, March 18, for Colubrina oppositifolia on Oahu population), Necker (habitat for one 2003). (habitat for three populations) and Maui population), Kauai (habitat for two These modifications resulted in the (habitat for three populations) (68 FR populations), Oahu (habitat for two reduction from 215 ha (531 ac) to 127 35949, June 17, 2003; 68 FR 25934, May populations), Molokai (habitat for two ha (313 ac). This unit was renamed 14, 2003), and we are designating populations), and Maui (habitat for two Hawaii 19—Mariscus fauriei—b. habitat for a total of four populations on populations) (68 FR 28054, May 22, the island of Hawaii in this rule. Critical 2003; May 22, 2003; 68 FR 9116, Hawaii P habitat for one population each of February 27, 2003; 68 FR 35949, June Diellia erecta was designated on Kauai, This unit was proposed as critical 17, 2003; 68 FR 12982, March 19, 2003; Oahu, and Molokai, and four habitat for one species, Pleomele 68 FR 25934, May 14, 2003). In this rule, populations on Maui (68 FR 9116, hawaiiensis. The entire area proposed we are designating habitat elsewhere on February 27, 2003; 68 FR 35949, June the island of Hawaii for two for this species was eliminated. This 17, 2003; 68 FR 12982, March 19, 2003; populations. Exclusion of this unit from area is not essential to the conservation 68 FR 25934, May 14, 2003). In this rule, critical habitat for Sesbania tomentosa of this species because it has a lower habitat is designated for two resulted in the overall reduction of 35 proportion of associated native species populations on the island of Hawaii. We ha (88 ac) of critical habitat on the than other areas we consider to be designated critical habitat for Flueggea island of Hawaii. essential to the conservation of this neowawraea on Kauai (habitat for four species, and there are 10 other locations populations), Molokai (habitat for one Hawaii N2 that have been designated to meet the population), and Maui (habitat for one This unit was proposed as critical recovery goal of 8 to 10 populations population) (68 FR 9116, February 27, habitat for one multi-island species, throughout its historical range on this 2003; 68 FR 12982, March 19, 2003; 68 Sesbania tomentosa. The entire area island. Three other critical habitat units FR 25934, May 14, 2003). In this rule we proposed for this species was for this species are designated on the are designating habitat for two eliminated. This area is not essential to island of Hawaii for a total of nine populations. In addition, there is habitat the conservation of this species because populations, and the excluded on Oahu for one population of Flueggea it has a lower proportion of associated Kamehameha Schools lands provide neowawraea on excluded lands (68 FR native species than other areas we habitat for one population (see 35949, June 17, 2003). We designated consider to be essential to the ‘‘Analysis of Impacts Under Section critical habitat for Gouania vitifolia on conservation of this species, and there 4(b)(2)’’). Exclusion of this unit from Oahu (habitat for seven populations) are 12 other locations that have been critical habitat for Pleomele hawaiiensis and Maui (habitat for one population), designated to meet the recovery goal of resulted in the overall reduction of 547 as well as habitat for two populations in 8 to 10 populations throughout its ha (1,351 ac) of critical habitat on the this rule (68 FR 35949, June 17, 2003; historical range on this and other island of Hawaii. 68 FR 25934, May 14, 2003).

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These modifications resulted in the elements for these species. Some locations with habitat for a total of 7 reduction from 15,294 ha (37,792 ac) to portions eliminated were not essential populations that are designated in this 2,997 ha (7,406 ac). This unit was to the conservation of these species rule to meet the recovery goal of 8 to 10 renamed Hawaii 18—Colubrina because they have a lower proportion of populations throughout the species’ oppositifolia—b, Hawaii 18—Diellia associated native species than other historical range. The area designated as erecta—b, Hawaii 18—Flueggea areas we consider to be essential to the critical habitat for this island-endemic neowawraea—b, Hawaii 18—Gouania conservation of these species, and there species provides habitat for one vitifolia—a, Hawaii 18—Neraudia are at least 8 other locations that are population of Cyanea hamatiflora ssp. ovata—d, and Hawaii 18—Pleomele being designated in this rule to meet the carlsonii within its historical range. hawaiiensis—c. recovery goal of 8 to 10 populations These modifications resulted in the throughout their historical ranges. The reduction from 615 ha (1,520 ac) to 597 Hawaii R area designated as critical habitat for ha (1,475 ac). This unit was renamed This unit was proposed as critical these two island-endemic species Hawaii 14—Cyanea hamatiflora ssp. habitat for two species: Diellia erecta provides habitat for one population each carlsonii—b. and Flueggea neowawraea. of Cyanea hamatiflora ssp. carlsonii and Hawaii V Modifications were made to this unit to Cyanea stictophylla within their eliminate areas that do not contain the historical ranges. This unit was proposed as critical primary constituent elements for these These modifications resulted in the habitat for one species endemic to the species. The portions eliminated were reduction from 383 ha (947 ac) to 331 island of Hawaii, Nothocestrum not essential to the conservation of these ha (819 ac). This unit was renamed breviflorum. The entire area proposed species because they have a lower Hawaii 16—Cyanea hamatiflora ssp. for this species was eliminated. This proportion of associated native species carlsonii—d and Hawaii 16—Cyanea area is not essential to the conservation than other areas we consider to be stictophylla—b. of this species because it has a lower essential to the conservation of these proportion of associated native species species, and there are at least 8 other Hawaii T than other areas we consider to be locations that have been designated or This unit was proposed as critical essential to the conservation of this are designated in this rule to meet the habitat for two species: Cyanea species, and there are 3 other locations recovery goal of 8 to 10 populations hamatiflora ssp. carlsonii and Cyanea that have been designated to meet the throughout their historical ranges. stictophylla. Modifications were made recovery goal of 8 to 10 populations The area designated as critical habitat to this unit to eliminate areas that do throughout its historical range on this for these two multi-island species not contain the primary constituent island. Habitat designated elsewhere on provides habitat for one population each elements for these species. Some the island of Hawaii for this species of Diellia erecta and Flueggea portions eliminated were not essential provides habitat for nine populations. neowawraea within their historical to the conservation of these species Exclusion of this unit from critical ranges. Critical habitat for one because they have a lower proportion of habitat for Nothocestrum breviflorum population each of Diellia erecta was associated native species than other resulted in the overall reduction of 951 designated on Kauai, Oahu, and areas we consider to be essential to the ha (2,351 ac) of critical habitat on the Molokai, and four populations on Maui conservation of these species, and there island of Hawaii. (68 FR 9116, February 27, 2003; 68 FR are at least 8 other locations that are 35949, June 17, 2003; 68 FR 12982, being designated in this rule to meet the Hawaii W March 19, 2003; 68 FR 25934, May 14, recovery goal of 8 to 10 populations This unit was proposed as critical 2003). We are designating habitat for throughout their historical ranges. The habitat for one multi-island species, two populations of Diellia erecta on the area designated as critical habitat for Delissea undulata. The entire area island of Hawaii in this rule. We these two island-endemic species proposed for this species was excluded. designated critical habitat for Flueggea provides habitat for one population each Some of it was excluded because it is neowawraea on Kauai (habitat for four of Cyanea hamatiflora ssp. carlsonii and not essential to the conservation of this populations), Molokai (habitat for one Cyanea stictophylla within their species. We also excluded the proposed population), and Maui (habitat for one historical ranges. critical habitat on Kamehameha Schools population) (68 FR 9116, February 27, These modifications resulted in the lands in Hawaii W because the benefits 2003; 68 FR 12982, March 19, 2003; 68 reduction from 1,489 ha (3,681 ac) to of excluding these lands outweighed the FR 25934, May 14, 2003). In this rule, 1,264 ha (3,123 ac). This unit was benefits of including them in critical we are designating habitat for two renamed Hawaii 15—Cyanea habitat (see ‘‘Analysis of Impacts Under populations. In addition, there is habitat hamatiflora ssp. carlsonii—c and Section 4(b)(2)’’). These excluded lands for on Oahu for one population of Hawaii 15—Cyanea stictophylla—a. provide habitat for three recovery populations of Delissea undulata. There Flueggea neowawraea on excluded Hawaii U lands (68 FR 35949, June 17, 2003). is habitat designated elsewhere on the These modifications resulted in the This unit was proposed as critical island of Hawaii for this species reduction from 387 ha (955 ac) to 332 habitat for one species, Cyanea providing habitat for two populations. ha (819 ac). This unit was renamed hamatiflora ssp. carlsonii. In addition, we have designated habitat Hawaii 17—Diellia erecta—a and Modifications were made to this unit to on Kauai for three populations (68 FR Hawaii 17—Flueggea neowawraea—a. eliminate areas that do not contain the 9116, February 27, 2003). Exclusion of primary constituent elements for this this unit from critical habitat for Hawaii S species. Some portions eliminated were Delissea undulata resulted in the overall This unit was proposed as critical not essential to the conservation of this reduction of 1,479 ha (3,654 ac) of habitat for two species: Cyanea species because they have a lower critical habitat on the island of Hawaii. hamatiflora ssp. carlsonii and Cyanea proportion of associated native species stictophylla. Modifications were made than other areas we consider to be Hawaii X to this unit to eliminate areas that do essential to the conservation of this This unit was proposed as critical not contain the primary constituent species, and there are at least 5 other habitat for two species: Cyanea

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hamatiflora ssp. carlsonii and Solanum Hawaii Y2 Molokai and Maui (68 FR 9116, incompletum. Modifications were made This unit was proposed as critical February 27, 2003; 68 FR 12982, March to this unit to eliminate areas that do habitat for two species: Isodendrion 19, 2003; 68 FR 25934, May 14, 2003). not contain the primary constituent pyrifolium and Neraudia ovata. We Habitat for one additional population of elements for these species. Some excluded the proposed critical habitat Flueggea neowawraea is on lands portions eliminated were not essential on these lands because the benefits of excluded from critical habitat on Oahu to the conservation of these species excluding these lands outweighed the (68 FR 35949, June 17, 2003). In addition, we excluded the because they have a lower proportion of benefits of including them in critical proposed critical habitat on associated native species than other habitat (see ‘‘Analysis of Impacts Under Kamehameha Schools and National areas we consider to be essential to the Section 4(b)(2)’’). Habitat for nine Tropical Botanical Garden lands in conservation of these species, and there populations of Neraudia ovata are Hawaii Z because the benefits of are at least 8 other locations that have designated in this rule. We designated been designated or are designated in excluding these lands outweighed the critical habitat for Isodendrion benefits of including them in critical this rule to meet the recovery goal of 8 pyrifolium on Oahu (habitat for three to 10 populations throughout their habitat (see ‘‘Analysis of Impacts Under populations), Molokai (habitat for one Section 4(b)(2)’’). These excluded lands historical ranges. population), and Maui (habitat for two The area designated as critical habitat provide habitat for one population of populations) (68 FR 35949, June 17, Pleomele hawaiiensis and, in for the island-endemic species provides 2003; 68 FR 12982, March 19, 2003; 68 habitat for one population of Cyanea combination with land designated in FR 25934, May 14, 2003). Habitat for this unit, one population of Bonamia hamatiflora ssp. carlsonii within its two additional populations is in the historical range. The area designated as menziesii. land excluded from critical habitat on The area designated as critical habitat critical habitat for the multi-island Lanai (68 FR 1220, January 9, 2003). for the four island-endemic species in species provides habitat for one Exclusion of this unit from critical this unit provides habitat for eight population of Solanum incompletum habitat for Isodendrion pyrifolium and populations of Hibiscadelphus within its historical range. This rule Neraudia ovata resulted in the overall hualalaiensis, five populations of designates critical habitat for four reduction of 334 ha (826 ac) of critical Nothocestrum breviflorum, one populations on the island of Hawaii. habitat on the island of Hawaii. population of Pleomele hawaiiensis, and There is also habitat for five populations seven populations of Zanthoxylum on lands excluded from this final rule Hawaii Z dipetalum var. tomentosum within their in PTA (see ‘‘Analysis of Impacts Under This unit was proposed as critical historical ranges. Elsewhere in this rule, Section 4(b)(2)’’). Habitat for one habitat for 12 species: Bonamia we are designating habitat for four population is in the area excluded from menziesii, Colubrina oppositifolia, populations of Nothocestrum critical habitat on Lanai (68 FR 1220, Cyanea stictophylla, Delissea undulata, breviflorum and eight populations of January 9, 2003). Flueggea neowawraea, Hibiscadelphus Pleomele hawaiiensis. The area These modifications resulted in the hualalaiensis, Hibiscus brackenridgei, designated as critical habitat for the four reduction from 138 ha (340 ac) to 92 ha Nothocestrum breviflorum, Phyllostegia multi-island species in this unit (227 ac). This unit was renamed Hawaii velutina, Plantago hawaiensis, Pleomele provides habitat for one population (in 11—Cyanea hamatiflora ssp. carlsonii— hawaiiensis, and Zanthoxylum combination with excluded lands) of a and Hawaii 11—Solanum dipetalum var. tomentosum. Bonamia menziesii, two populations incompletum—b. Modifications were made to this unit to each of Colubrina oppositifolia and exclude areas that do not contain the Hawaii Y1 Delissea undulata, and one population primary constituent elements for these of Hibiscus brackenridgei within their This unit was proposed as critical species. We also eliminated the historical ranges. We have designated habitat for two species: Isodendrion proposed critical habitat in Hawaii Z for critical habitat for Bonamia menziesii pyrifolium and Neraudia ovata. We Cyanea stictophylla, Flueggea on Kauai (habitat for two populations), excluded the proposed critical habitat neowawraea, Phyllostegia velutina, and Oahu (habitat for four populations), and on these lands because the benefits of Plantago hawaiensis. Areas proposed Maui (habitat for one population), and excluding these lands outweighed the for these four species were eliminated elsewhere in this rule are designating benefits of including them in critical because they are not essential to the habitat for one population. Habitat for habitat (see ‘‘Analysis of Impacts Under conservation of these species because one additional population of this Section 4(b)(2)’’). Habitat for nine they had a lower proportion of species is in the land excluded from populations of Neraudia ovata are associated native species than other critical habitat on Lanai. We have designated in this rule. We designated areas we consider to be essential to the designated critical habitat for Colubrina critical habitat for Isodendrion conservation of these species, and there oppositifolia on Oahu (habitat for three pyrifolium on Oahu (habitat for three are at least nine other locations for each populations) and Maui (habitat for three populations), Molokai (habitat for one of these species designated elsewhere populations), and elsewhere in this rule, population), and Maui (habitat for two within their historical ranges. We are we are designating habitat for four populations) (68 FR 35949, June 17, designating critical habitat elsewhere on populations on the island of Hawaii. We 2003; 68 FR 12982, March 19, 2003; 68 the island of Hawaii for 10 populations have designated critical habitat for FR 25934, May 14, 2003). Habitat for each of Cyanea stictophylla, Delissea undulata on Kauai (habitat for two additional populations is in the Phyllostegia velutina, and Plantago three populations). We have designated land excluded from critical habitat on hawaiensis, all island-endemic species. critical habitat for Hibiscus Lanai (68 FR 1220, January 9, 2003). For the multi-island species Flueggea brackenridgei on Oahu (habitat for three Exclusion of this unit from critical neowawraea, we are designating critical populations), Molokai (habitat for one habitat for Isodendrion pyrifolium and habitat for two populations elsewhere population), Maui (habitat for three Neraudia ovata resulted in the overall on the island of Hawaii, and we have populations) and habitat for one reduction of 212 ha (524 ac) of critical designated habitat for four populations additional population is in land habitat on the island of Hawaii. on Kauai and one population on excluded from critical habitat on Lanai

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(68 FR 1220, January 9, 2003; 68 FR known historically from Maui, but is historical range on this and other 9116, February 27, 2003; 68 FR 35949, currently only found on the island of islands. We designated critical habitat June 17, 2003; 68 FR 12982, March 19, Hawaii. We have designated no critical for this species on Nihoa (habitat for one 2003; 68 FR 25934, May 14, 2003). habitat for this species. We have population), Necker (habitat for one These modifications resulted in the designated critical habitat for population), Kauai (habitat for two reduction from 10,738 ha (26,535 ac) to Zanthoxylum hawaiiense on Kauai populations), Oahu (habitat for two 6,564 ha (16,221 ac). This unit was (habitat for two populations), Molokai populations), Molokai (habitat for two renamed Hawaii 10—Bonamia (habitat for one population), and Maui populations), and Maui (habitat for two menziesii—a, Hawaii 10—Colubrina (habitat for one population) (68 FR populations) (68 FR 28054, May 22, oppositifolia—a, Hawaii 10—Delissea 9116, February 27, 2003; 68 FR 35949, 2003; 68 FR 9116, February 27, 2003; 68 undulata—a, Hawaii 10—Delissea June 17, 2003; 68 FR 12982, March 19, FR 35949, June 17, 2003; 68 FR 12982, undulata—b, Hawaii 10— 2003; 68 FR 25934, May 14, 2003). March 19, 2003; 68 FR 25934, May 14, Hibiscadelphus hualalaiensis—a, These excluded lands also provide 2003). There is habitat designated Hawaii 10—Hibiscus brackenridgei—a, habitat for seven populations of elsewhere on the island of Hawaii for Hawaii 10—Nothocestrum Asplenium fragile var. insulare, four this species, providing habitat for two breviflorum—c, Hawaii 10—Pleomele populations of Neraudia ovata, four populations. Exclusion of this unit from hawaiiensis—b, and Hawaii 10— populations of Portulaca sclerocarpa, critical habitat for Sesbania tomentosa Zanthoxylum dipetalum ssp. seven populations of Silene hawaiiensis, resulted in the overall reduction of 43 tomentosum—a. and four populations of Solanum ha (106 ac) of critical habitat on the incompletum. Asplenium fragile var. Hawaii AA island of Hawaii. insulare is historically known from This unit was proposed as critical Maui and we have designated critical Critical Habitat habitat for 10 species: Asplenium fragile habitat for two populations for this Critical habitat is defined in section 3 var. insulare, Hedyotis coriacea, species on that island (68 FR 25934, of the Act as—(i) the specific areas Neraudia ovata, Portulaca sclerocarpa, May 14, 2003) and habitat for one within the geographic area occupied by Silene hawaiiensis, Silene lanceolata, population is designated in this rule. a species, at the time it is listed in Solanum incompletum, Spermolepis Neraudia ovata is endemic to the island accordance with the Act, on which are hawaiiensis, Tetramolopium arenarium, of Hawaii and habitat for six found those physical or biological and Zanthoxylum hawaiiense. The populations are designated in this rule. features (I) essential to the conservation entire area proposed for these species, We have designated critical habitat for of the species and (II) that may require which is located on PTA lands, was one population of Portulaca sclerocarpa special management considerations or excluded for the reasons described in on Lanai (68 FR 1220, January 9, 2003) protection; and, (ii) specific areas ‘‘Analysis of Impacts Under Section and are designating habitat for five outside the geographic area occupied by 4(b)(2)’’. As a result, no critical habitat populations in this rule. Silene a species at the time it is listed, upon was designated for the five multi-island hawaiiensis is endemic to the island of a determination that such areas are species Hedyotis coriacea, Silene Hawaii, and habitat for three essential for the conservation of the lanceolata, Spermolepis hawaiiensis, populations is designated in this rule. species. ‘‘Conservation,’’ as defined by Tetramolopium arenarium, and Habitat for one population of the multi- the Act, means the use of all methods Zanthoxylum hawaiiense on the island island species Solanum incompletum is and procedures that are necessary to of Hawaii because all of the habitat in the area excluded from critical bring an endangered or a threatened proposed for these species is within habitat on Lanai (68 FR 1220, January 9, species to the point at which listing these lands. These excluded lands 2003) and we are designating habitat for under the Act is no longer necessary. provide habitat for six populations of four populations in this rule. Critical habitat receives protection Hedyotis coriacea, six populations of Exclusion of this unit from critical under section 7 of the Act through the Silene lanceolata, two populations of habitat for Asplenium fragile var. prohibition against destruction or Spermolepis hawaiiensis, seven insulare, Hedyotis coriacea, Neraudia adverse modification of critical habitat populations of Tetramolopium ovata, Portulaca sclerocarpa, Silene with regard to actions carried out, arenarium, and six populations of hawaiiensis, Silene lanceolata, Solanum funded, or authorized by a Federal Zanthoxylum hawaiiense. We have incompletum, Spermolepis hawaiiensis, agency. Section 7 also requires designated critical habitat for Hedyotis Tetramolopium arenarium, and conferences on Federal actions that are coriacea on Oahu (habitat for two Zanthoxylum hawaiiense resulted in the likely to result in the destruction or populations) and Maui (habitat for two overall reduction of 28,384 ha (70,138 adverse modification of proposed populations) (68 FR 25934, May 14, ac) of critical habitat on the island of critical habitat. In our regulations at 50 2003). We designated critical habitat for Hawaii. CFR 402.02, we define destruction or Silene lanceolata on Oahu (habitat for adverse modification as ‘‘* * * a direct one population) and Molokai (habitat Hawaii BB or indirect alteration that appreciably for two populations) (68 FR 12982, This unit was proposed as critical diminishes the value of critical habitat March 19, 2003). We have designated habitat for one multi-island species, for both the survival and recovery of a critical habitat for Spermolepis Sesbania tomentosa. The entire area listed species. Such alterations include, hawaiiensis on Kauai (habitat for two proposed for this species was but are not limited to, alterations populations), Oahu (habitat for two eliminated. This area is not essential to adversely modifying any of those populations), Molokai (habitat for one the conservation of this species because physical or biological features that were population), and Maui (habitat for two it has a lower proportion of associated the basis for determining the habitat to populations) (68 FR 25934, May 14, native species than other areas we be critical.’’ However, in the March 15, 2003). Habitat for one additional consider to be essential to the 2001, decision of the United States population of Spermolepis hawaiiensis conservation of this species, and there Court of Appeals for the Fifth Circuit is in the area excluded from critical are 12 other locations that have been (Sierra Club v. U.S. Fish and Wildlife habitat on Lanai (68 FR 1220, January 9, designated to meet the recovery goal of Service et al., 245 F.3d 434) regarding a 2003). Tetramolopium arenarium is 8 to 10 populations throughout its not prudent finding, the court found our

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definition of destruction or adverse the listing package for the species. kilaueaensis is not prudent because modification as currently contained in Additional information may be obtained such designation would be of no benefit 50 CFR 402.02 to be invalid. In response from recovery plans, articles in peer- to these species. If these species are to this decision, we are reviewing the reviewed journals, conservation plans rediscovered, we may revise these final regulatory definition of adverse developed by States and counties, prudency determinations to incorporate modification in relation to the scientific status surveys and studies, or address new information as new data conservation of the species. and biological assessments or other become available (See 16 U.S.C. 1532 In order to be included in a critical unpublished materials. (5)(B); 50 CFR 424.13(f)). habitat designation, areas within the It is important to clearly understand Due to low numbers of individuals geographical range of the species at the that critical habitat designations do not and populations and their inherent time of listing must contain physical or signal that habitat outside the immobility, the other 56 plant species biological features essential to the designation is unimportant or may not may be vulnerable to unrestricted conservation of the species or for an be required for recovery. Areas outside collection, vandalism, or disturbance. area outside the geographical area the critical habitat designation will However, we examined the evidence occupied by the species at the time of continue to be subject to conservation currently available for each of these listing, the area itself must be essential actions that may be implemented under species and found specific evidence of to the conservation of the species, 16 section 7(a)(1) and to the regulatory vandalism, disturbance, and the threat U.S.C. 1532(5)(A). protections afforded by the Act’s section of unrestricted collection only for two Our regulations state that ‘‘The 7(a)(2) jeopardy standard and section 9 species of Pritchardia, the native palm. Secretary shall designate as critical prohibitions, as determined on the basis At the time of listing, we determined habitat areas outside the geographical of the best available information at the that designation of critical habitat was area presently occupied by a species time of the action. We specifically not prudent for Pritchardia affinis and only when a designation limited to its anticipate that federally funded or Pritchardia schattaueri because it would present range would be inadequate to assisted projects affecting listed species increase the degree of threat from ensure the conservation of the species’’ outside their designated critical habitat vandalism or collecting, and would (50 CFR 424.12(e)). Accordingly, when areas may still result in jeopardy provide no benefit (59 FR 10305, March the best available scientific and findings in some cases. Similarly, 4, 1994; 61 FR 53137, October 10, 1996). commercial data do not demonstrate critical habitat designations made on the Since publication of the listing rule, we that the conservation needs of the basis of the best available information at learned of specific instances of species require designation of critical the time of designation will not control vandalism, collection, and commercial habitat outside of occupied areas, we the direction and substance of future trade involving these two species of will not designate critical habitat in recovery plans, habitat conservation Pritchardia. In the 1990s, seeds of areas outside the geographic area plans, or other species conservation Pritchardia schattaueri were removed occupied by the species. planning efforts if new information from plants in two of the three locations Section 4 requires that we designate available to these planning efforts calls where this species was known at that critical habitat for a species, to the for a different outcome. Furthermore, time (L. Perry and Nick Agorastos, extent such habitat is determinable, at we recognize that designation of critical DOFAW pers. comm. 2000). We the time of listing. When we designate habitat may not include all of the received information on the commercial critical habitat at the time of listing or habitat areas that may eventually be trade in palms conducted through the under short court-ordered deadlines, we determined to be necessary for the Internet (Grant Canterbury, Service in may not have sufficient information to recovery of the species. litt. 2000). Several nurseries advertise identify all the areas essential for the and sell seedlings and young plants, Prudency conservation of the species, or we may including 13 species of Hawaiian inadvertently include areas that later Designation of critical habitat is not Pritchardia. Seven of these species are will be shown to be nonessential. prudent when the species is threatened federally protected, including Nevertheless, we are required to by taking or other human activity, and Pritchardia affinis and Pritchardia complete the designation process, using identification of critical habitat can be schattaueri. In light of this information, the best information available to us. If expected to increase the degree of such we believe that designation of critical new information becomes available threat to the species (50 CFR habitat would likely increase the threat subsequent to the designation, we have 424.12(a)(1)). from vandalism to or collection of to authority to revise the critical habitat at To determine whether critical habitat these two species of Pritchardia on the that time (16 U.S.C. 1533(a)(3)(B)). would be prudent for each species, we island of Hawaii. First, these plants are Our Policy on Information Standards analyzed the potential threats and easy to identify, and second, they may Under the Endangered Species Act, benefits for each species in accordance be attractive to collectors of rare palms published in the Federal Register on with the court’s order. Two species, either for their personal use or to trade July 1, 1994 (59 FR 34270), provides Cyanea copelandii ssp. copelandii and or sell for personal gain (Johnson 1996). criteria, establishes procedures, and Ochrosia kilaueaensis, endemic to the Although the final listing rules for these provides guidance to ensure that our island of Hawaii, are no longer extant in two species of palm do not list decisions represent the best scientific the wild. Cyanea copelandii ssp. vandalism or overcollection as threats, and commercial data available. It copelandii was last seen in the wild in in light of documented vandalism and requires our biologists, to the extent 1957, in the Glenwood area. Ochrosia overcollection events on these species consistent with the Act and with the use kilaueaensis was last observed in the and on species in the same genus on of the best scientific and commercial wild in 1927, in an area that is now part Kauai, we believe that Pritchardia data available, to use primary and of Hawaii Volcanoes National Park. affinis and P. schattaueri are vulnerable original sources of information as the Neither of these two species is known to these threats (59 FR 10305; 61 FR basis for recommendations to designate to be in storage or under propagation. 53137). critical habitat. When determining Under these circumstances, designation In addition, we believe that which areas are critical habitat, a of critical habitat for Cyanea copelandii designation would not provide primary source of information should be ssp. copelandii and Ochrosia significant benefits that would outweigh

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these increased risks. First, Pritchardia Hawaii: Achyranthes mutica, Delissea outcome, since an action that destroys affinis and Pritchardia schattaueri do undulata, Flueggea neowawraea, or adversely modifies such critical not occur on Federal lands. Pritchardia Ischaemum byrone, Mariscus habitat would also be likely to result in schattaueri is reported on privately pennatiformis, Phlegmariurus mannii, jeopardy to the species, there may be owned land that is zoned for and Plantago princeps. In the final rule instances where section 7 consultation agriculture, and 10 of the approximately for Maui and Kahoolawe plants (68 FR would be triggered only if critical 12 individuals have been fenced (Mick 25934, May 14, 2003), we found that habitat were designated. There may also Castillo, USFWS, pers. comm. 2003). In critical habitat was prudent for the be some educational or informational addition, the privately owned land is following eight multi-island species that benefits to the designation of critical currently farmed, with 10 of the plants also occur on the island of Hawaii: habitat. Educational benefits include the located in pasture and 2 located in Asplenium fragile var. insulare, notification of landowner(s), land macadamia nut orchards, and this land Clermontia lindseyana, Clermontia managers, and the general public of the is unlikely to be developed. Pritchardia peleana, Colubrina oppositifolia, importance of protecting the habitat of affinis occurs on State and privately Gouania vitifolia, Hedyotis coriacea, these species and dissemination of owned lands that are zoned for Phyllostegia parviflora, and information regarding their essential conservation and agriculture. Since Tetramolopium arenarium. habitat requirements. Therefore, we find there do not appear to be any actions in We examined the evidence available that critical habitat is prudent for these the future that would likely involve a for the other 23 species and have not, 23 plant species: Argyroxiphium Federal agency, designation of critical at this time, found specific evidence of kauense, Clermontia drepanomorpha, habitat would not provide any taking, vandalism, collection, or trade of Clermontia pyrularia, Cyanea protection to these species that they do these species or of similar species. hamatiflora ssp. carlsonii, Cyanea not already have through listing alone. Consequently, while we remain platyphylla, Cyanea shipmanii, Cyanea If, however, in the future, any Federal concerned that these activities could stictophylla, Cyrtandra giffardii, involvement did occur, such as through potentially threaten these 23 plant Cyrtandra tintinnabula, Hibiscadelphus the permitting process or funding by the species in the future, consistent with giffardianus, Hibiscadelphus U.S. Department of Agriculture, the U.S. applicable regulations (50 CFR hualalaiensis, Isodendrion hosakae, Department of the Interior, the Corps 424.12(a)(1)(i)) and the court’s Melicope zahlbruckneri, Neraudia through section 404 of the Clean Water discussion of these regulations, we do ovata, Nothocestrum breviflorum, Act, the U.S. Federal Department of not find that any of these species are Phyllostegia racemosa, Phyllostegia Housing and Urban Development, or the currently threatened by taking or other velutina, Phyllostegia warshaueri, Federal Highway Administration, the human activity, which would be Plantago hawaiiensis, Pleomele actions would be subject to consultation exacerbated by the designation of hawaiiensis, Sicyos alba, Silene under section 7 of the Act. We critical habitat. hawaiiensis, and Zanthoxylum In the absence of finding that critical acknowledge that critical habitat dipetalum var. tomentosum. habitat would increase threats to a designation, in some situations, may species, if there are any benefits to Methods provide some value to the species, for critical habitat designation, then a As required by the Act and example, by identifying areas important prudent finding is warranted. The regulations (section 4(b)(2) and 50 CFR for conservation and calling attention to potential benefits include: (1) Triggering 424.12), we used the best scientific those areas in need of special section 7 consultation in new areas information available to determine areas protection. However, for these two where it would not otherwise occur that contain the physical and biological species, we believe that the benefits of because, for example, it is or has features that are essential for the designating critical habitat do not become unoccupied or the occupancy is conservation of Achyranthes mutica, outweigh the potential increased threats in question; (2) focusing conservation Adenophorus periens, Argyroxiphium from vandalism or collection. Given all activities on the most essential areas; (3) kauense, Asplenium fragile var. of the above considerations, we providing educational benefits to State insulare, Bonamia menziesii, Cenchrus determine that designation of critical or county governments or private agrimonioides, Clermontia habitat for Pritchardia affinis and P. entities; and (4) preventing people from drepanomorpha, Clermontia schattaueri is not prudent. causing inadvertent harm to the species. lindseyana, Clermontia peleana, In the final rule for Lanai plants (68 In the case of these 23 species, there Clermontia pyrularia, Colubrina FR 1220, January 9, 2003), we found would be some benefits to critical oppositifolia, Ctenitis squamigera, that critical habitat was prudent for the habitat. The primary regulatory effect of Cyanea hamatiflora ssp. carlsonii, following 16 multi-island species that critical habitat is the section 7 Cyanea platyphylla, Cyanea shipmanii, also occur on the island of Hawaii: requirement that Federal agencies Cyanea stictophylla, Cyrtandra giffardii, Adenophorus periens, Bonamia refrain from taking any action that Cyrtandra tintinnabula, Delissea menziesii, Cenchrus agrimonioides, destroys or adversely affects critical undulata, Diellia erecta, Flueggea Ctenitis squamigera, Diellia erecta, habitat. Thirteen of these species are neowawraea, Gouania vitifolia, Hedyotis Hedyotis cookiana, Hibiscus reported on or near Federal lands (see cookiana, Hedyotis coriacea, brackenridgei, Isodendrion pyrifolium, Table 1 above), where actions are Hibiscadelphus giffardianus, Mariscus fauriei, Portulaca sclerocarpa, subject to section 7 consultation. Hibiscadelphus hualalaiensis, Hibiscus Sesbania tomentosa, Silene lanceolata, Although many of the species brackenridgei, Ischaemum byrone, Solanum incompletum, Spermolepis considered in this rule are located Isodendrion hosakae, Isodendrion hawaiiensis, Vigna o-wahuensis, and exclusively on non-Federal lands with pyrifolium, Mariscus fauriei, Mariscus Zanthoxylum hawaiiense. In the final limited Federal activities, there could be pennatiformis, Melicope zahlbruckneri, rule for Kauai and Niihau plants (68 FR Federal actions affecting these lands in Neraudia ovata, Nothocestrum 9116, February 27, 2003), we found that the future. While a critical habitat breviflorum, Phlegmariurus mannii, critical habitat was prudent for the designation for habitat currently Phyllostegia parviflora, Phyllostegia following seven multi-island species occupied by these species would not racemosa, Phyllostegia velutina, that are also found on the island of likely change the section 7 consultation Phyllostegia warshaueri, Plantago

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hawaiensis, Plantago princeps, recommendations made by the HPPRCC Isodendrion hosakae, Isodendrion Pleomele hawaiiensis, Portulaca in 1998. Much of the area that was pyrifolium, Mariscus fauriei, Mariscus sclerocarpa, Sesbania tomentosa, Sicyos identified by the HPPRCC as pennatiformis, Melicope zahlbruckneri, alba, Silene hawaiiensis, Silene inadequately surveyed has now been Neraudia ovata, Nothocestrum lanceolata, Solanum incompletum, surveyed to some degree. New location breviflorum, Phlegmariurus mannii, Spermolepis hawaiiensis, data for many species have been Phyllostegia parviflora, Phyllostegia Tetramolopium arenarium, Vigna o- gathered. Also, the HPPRCC identified racemosa, Phyllostegia velutina, wahuensis, Zanthoxylum dipetalum var. areas as essential based on species Phyllostegia warshaueri, Plantago tomentosum, and Zanthoxylum clusters (areas that included listed hawaiensis, Plantago princeps, hawaiiense. This information included species, as well as candidate species Pleomele hawaiiensis, Portulaca the known locations, site-specific and species of concern) while we have sclerocarpa, Sesbania tomentosa, Sicyos species information from the HINHP only delineated areas that are essential alba, Silene hawaiiensis, Silene database and our own rare plant for the conservation of the specific lanceolata, Solanum incompletum, database; species information from the listed species at issue. As a result, the Spermolepis hawaiiensis, Center for Plant Conservation’s (CPC’s) critical habitat designations in this rule Tetramolopium arenarium, Vigna o- rare plant monitoring database housed include not only some habitat that was wahuensis, Zanthoxylum dipetalum var. at the University of Hawaii’s Lyon identified as essential in the 1998 tomentosum, and Zanthoxylum Arboretum; island-wide Geographic recommendations but also habitat that hawaiiense) is described in the Information System (GIS) coverages was not identified as essential in those ‘‘Background’’ section of this final rule. (e.g., vegetation, soils, annual rainfall, recommendations. We are unable to identify these features elevation contours, landownership); the for Cenchrus agrimonioides, Ctenitis Primary Constituent Elements final listing rules for these 54 species; squamigera, Hedyotis cookiana, the May 28, 2002 proposal; information In accordance with section 3(5)(A)(i) Mariscus pennatiformis, Phlegmariurus received during the public comment of the Act and regulations at 50 CFR mannii, Phyllostegia parviflora, and periods and the public hearings; recent 424.12, in determining which areas to Plantago princeps, which no longer biological surveys and reports; our propose as critical habitat, we are occur on the island of Hawaii, because recovery plans for these species; required to base critical habitat information on the physical and information from landowners, land determinations on the best scientific biological features (i.e., the primary managers, and interested parties on the and commercial data available and to constituent elements) that are island of Hawaii; discussions with consider those physical and biological considered essential to the conservation botanical experts; and recommendations features (primary constituent elements) of these seven species on the island of from the Hawaii and Pacific Plant that are essential to the conservation of Hawaii is not known. Only scanty Recovery Coordinating Committee the species and that may require special information based on old collection (HPPRCC) (see also the discussion management considerations or records (mostly from the 1800s) exists. below) (GDSI 2000; HINHP Database protection. These features include, but We are able to identify these features for 2000; Service 1994, 1995a, 1996a, are not limited to: Space for individual Hedyotis coriacea, Silene lanceolata, 1996b, 1996c, 1997a, 1998a, 1998b, and population growth, and for normal Spermolepis hawaiiensis, 1998c, 1999; 67 FR 36968; CPC, in litt. behavior; food, water, air, light, Tetramolopium arenarium, and 1999; R. Hobdy and S. Perlman, pers. minerals, or other nutritional or Zanthoxylum hawaiiense, but we are comms. 2000; L. Pratt et al., pers. comm. physiological requirements; cover or not designating critical habitat for these 2001). shelter; sites for breeding, reproduction, species on the island of Hawaii for the In 1994, the HPPRCC initiated an or rearing of offspring, germination, or reasons given in the ‘‘Analysis of effort to identify and map habitat it ; and habitats that are Impacts Under Section 4(b)(2)’’ section. believed to be important for the protected from disturbance or are Sufficient habitat to meet the recovery recovery of 282 endangered and representative of the historic goal of 8 to 10 populations for these 12 threatened Hawaiian plant species. The geographical and ecological multi-island species has either been HPPRCC identified these areas on most distributions of a species. designated on other islands within their of the islands in the Hawaiian chain, Much of what is known about the historical ranges or has been specifically and in 1999, we published them in our specific physical and biological identified in lands on this or other Recovery Plan for the Multi-Island requirements of the 54 species islands (68 FR 1220, January 9, 2003; 68 Plants (Service 1999). The HPPRCC (Achyranthes mutica, Adenophorus FR 9116, February 27, 2003; 68 FR expects there will be subsequent efforts periens, Argyroxiphium kauense, 28054, May 22, 2003; 68 FR 35949, June to further refine the locations of Asplenium fragile var. insulare, 17, 2003; 68 FR 12982, March 19, 2003; important habitat areas and that new Bonamia menziesii, Cenchrus 68 FR 25934, May 14, 2003). survey information or research may also agrimonioides, Clermontia All areas designated as critical habitat lead to additional refinement of drepanomorpha, Clermontia are either within the geographical range identifying and mapping of habitat lindseyana, Clermontia peleana, of the species at the time of listing and important for the recovery of these Clermontia pyrularia, Colubrina contain one or more of the physical or species. oppositifolia, Ctenitis squamigera, biological features (primary constituent The HPPRCC identified essential Cyanea hamatiflora ssp. carlsonii, elements) essential for the conservation habitat areas for all listed, proposed, Cyanea platyphylla, Cyanea shipmanii, of the species, or are essential to the and candidate plants and evaluated Cyanea stictophylla, Cyrtandra giffardii, conservation of the species. species of concern to determine if Cyrtandra tintinnabula, Delissea As described in the discussions for essential habitat areas would provide for undulata, Diellia erecta, Flueggea each of the 41 species for which we are their habitat needs. However, the neowawraea, Gouania vitifolia, Hedyotis designating critical habitat, we are HPPRCC’s mapping of habitat is distinct cookiana, Hedyotis coriacea, defining the primary constituent from the regulatory designation of Hibiscadelphus giffardianus, elements on the basis of the habitat critical habitat as defined by the Act. Hibiscadelphus hualalaiensis, Hibiscus features of the areas from which the More data have been collected since the brackenridgei, Ischaemum byrone, plant species are reported, as described

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by the type of plant community (e.g., within historic range, and (4) research 2000; Karieva and Wennergren 1995; mesic forest), on species biology and ecology (Service Luijten et al. 2000; Meffe and Carroll associated native plant species, locale 1995a, 1995b, 1996a, 1996b, 1997, 1996; Menges 1990; Murphy et al. 1990; information (e.g., steep rocky cliffs, 1998a, 1998b, 1999, 2001). Thus, the Podolsky 2001; Quintana-Ascencio and talus slopes, gulches, stream banks), and long-term recovery of these species is Menges 1996; Taylor 1995; Tear et al. elevation. The habitat features provide dependent upon the protection of 1995; Wolf and Harrison 2001). The the ecological components required by existing population sites and potentially overall goal of recovery in the short- the plant. The type of plant community suitable unoccupied habitat within the term is a successful population that can and associated native plant species species’ historic range. carry on basic life history processes, indicate specific microclimate (localized The overall recovery goal stated in the such as establishment, reproduction, climatic) conditions, retention and recovery plans for each of these species and dispersal, at a level where the availability of water in the soil, soil includes the establishment of 8 to 10 probability of extinction is low. In the microorganism community, and populations with a minimum of 100 long-term, the species and its nutrient cycling and availability. The mature, reproducing individuals per populations should be at a reduced risk locale indicates information on soil population for long-lived perennials; of extinction and be adaptable to type, elevation, rainfall regime, and 300 mature, reproducing individuals per environmental change through temperature. Elevation indicates population for short-lived perennials; evolution and migration. information on daily and seasonal and 500 mature, reproducing Many aspects of species life history temperature and sun intensity. individuals per population for annuals. are typically considered to determine Therefore, the descriptions of the There are some specific exceptions to guidelines for species’ interim stability physical elements of the locations of this general recovery goal of 8 to 10 and recovery, including longevity, each of these species, including habitat populations for species that are believed breeding system, growth form, type, plant communities associated with to be very narrowly distributed on a fecundity, ramet (a plant that is an the species, location, and elevation, as single island (e.g., the recovery goal for independent member of a clone) described in the ‘‘Supplementary Argyroxiphium kauense is 10 production, survivorship, seed Information: Discussion of the Plant populations of more than 2,000 longevity, environmental variation, and Taxa’’ section above, constitute the individuals), and the critical habitat successional stage of the habitat. primary constituent elements for these designations reflect this exception for Hawaiian species are poorly studied, species on the island of Hawaii. these species. To be considered and the only one of these characteristics recovered, the populations of a multi- that can be uniformly applied to all Criteria Used To Identify Critical island species should be distributed Hawaiian plant species is longevity (i.e., Habitat among the islands of its known historic long-lived perennial, short-lived The lack of detailed scientific data on range (Service 1994, 1995a, 1996a, perennial, and annual). In general, long- the life history of these plant species 1996b, 1996c, 1997a, 1998a, 1998b, lived woody perennial species would be makes it impossible for us to develop a 1998c, 1999). A population, for the expected to be viable at population robust quantitative model (e.g., purposes of this discussion and as levels of 50 to 250 individuals per population viability analysis (National defined in the recovery plans for these population, while short-lived perennial Research Council 1995)) to identify the species, is a unit in which the species would be viable at population optimal number, size, and location of individuals could be regularly cross- levels of 1,500 to 2,500 individuals or critical habitat units to achieve recovery pollinated and influenced by the same more per population. These population (Beissinger and Westphal 1998; small-scale events (such as landslides) numbers were refined for Hawaiian Burgman et al. 2001; Ginzburg et al. and which contains a minimum of 100, plant species by the HPPRCC (1996) due 1990; Karieva and Wennergren 1995; 300, or 500 mature, reproducing to the restricted distribution of suitable Menges 1990; Murphy et al. 1990; individuals, depending on whether the habitat typical of Hawaiian plants and Taylor 1995). At this time, and species is a long-lived perennial, short- the likelihood of smaller genetic consistent with the listing of these lived perennial, or annual. diversity of several species that evolved species and their recovery plans, the By adopting the specific recovery from a single introduction. For recovery best available information leads us to objectives enumerated above, the of Hawaiian plants, the HPPRCC conclude that the current size and adverse effects of genetic inbreeding and recommended a general recovery distribution of the extant populations random environmental events and guideline of 100 mature, reproducing are not sufficient to expect a reasonable catastrophes, such as landslides, individuals per population for long- probability of long-term survival and hurricanes, or tsunamis, which could lived perennial species, 300 mature, recovery of these plant species. destroy a large percentage of a species reproducing individuals per population Therefore, we used available at any one time, may be reduced for short-lived perennial species, and information, including expert scientific (Menges 1990; Podolsky 2001). These 500 mature, reproducing individuals per opinion, to identify potentially suitable recovery objectives were initially population for annual species. habitat within the known historic range developed by the HPPRCC and are The HPPRCC also recommended the of each species. found in all of the recovery plans for conservation and establishment of 8 to We considered several factors in the these species. While they are expected 10 populations to address the numerous selection and proposal of specific to be further refined as more risks to the long-term survival and boundaries for critical habitat for these information on the population biology conservation of Hawaiian plant species. 41 species. For each of these species, the of each species becomes available, the Although absent the detailed overall recovery strategy outlined in the justification for these objectives is found information inherent to the types of approved recovery plans includes: (1) in the current conservation biology population viability analysis models Stabilization of existing wild literature addressing the conservation of described above (Burgman et al. 2001), populations, (2) protection and rare and endangered plants and animals this approach employs two widely management of habitat, (3) enhancement (Beissinger and Westphal 1998; recognized and scientifically accepted of existing small populations and Burgman et al. 2001; Falk et al. 1996; goals for promoting viable populations reestablishment of new populations Ginzburg et al. 1990; Hendrix and Kyhl of listed species—(1) Creation or

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maintenance of multiple populations so not known to be occupied by these conservation would be available within that a single or series of catastrophic species. To recover the species, it is the suitable habitat units identified as events cannot destroy the entire listed essential to conserve suitable habitat in containing the appropriate primary species (Luijten et al. 2000; Menges these unoccupied units, which in turn constituent elements for each species. If 1990; Quintana-Ascencio and Menges will allow for the establishment of more than the area needed for the 1996); and (2) increasing the size of each additional populations through natural number of recovery populations was population in the respective critical recruitment or managed reintroductions. identified as potentially suitable, only habitat units to a level where the threats Establishment of these additional those areas within the least disturbed of genetic, demographic, and normal populations will increase the likelihood suitable habitat were proposed as environmental uncertainties are that the species will survive and recover critical habitat. A population for this diminished (Hendrix and Kyhl 2000; in the face of normal and stochastic purpose is defined as a discrete Luijten et al. 2000; Meffe and Carroll events (e.g., hurricanes, fire, and aggregation of individuals located a 1996; Podolsky 2001; Service 1997; Tear nonnative species introductions) sufficient distance from a neighboring et al. 1995; Wolf and Harrison 2001). In (Mangel and Tier 1994; Pimm et al. aggregation such that the two are not general, a basic conservation principle 1998; Stacey and Taper 1992). affected by the same small-scale events is that the larger the number of Our approach to delineating critical and are not believed to be consistently populations and the larger the size of habitat units was applied in the cross-pollinated. In the absence of more each population, the lower the following manner: specific information indicating the probability of extinction (Meffe and (1) Critical habitat was designated on appropriate distance to assure limited Carroll 1996; Raup 1991). This basic an island-by-island basis for ease of cross-pollination, we are using a conservation principle of redundancy understanding for landowners and the distance of 1,000 m (3,280 ft) based on applies to Hawaiian plant species. By public, for ease of conducting the public our review of current literature on gene maintaining 8 to 10 viable populations hearing process, and for ease of flow (Barret and Kohn 1991; Fenster and in several critical habitat units, the conducting public outreach. In Hawaii, Dudash 1994; Havens 1998; Schierup threats represented by a fluctuating landowners and the public are most and Christiansen 1996). We further environment are alleviated and the interested and affected by issues refined the resulting critical habitat species has a greater likelihood of centered on the island on which they units by using satellite imagery and achieving long-term survival and reside; parcel data to eliminate areas that did (2) We focused on designating units recovery. Conversely, loss of one or not contain the appropriate vegetation representative of the known current and more of the plant populations within or associated native plant species, as historical geographic and elevational any critical habitat unit could result in well as features such as cultivated an increase in the risk that the entire range of each species; and (3) We designated critical habitat agriculture fields, housing listed species may not survive and developments, and other areas that are recover. units to allow for expansion of existing wild populations and reestablishment of unlikely to contribute to the Due to the reduced size of suitable conservation of one or more of the 47 habitat areas for these Hawaiian plant wild populations within the historic range, as recommended by the recovery plant species for which critical habitat species, they are now more susceptible was proposed on May 28, 2002. We to the variations and weather plans for each species. The proposed critical habitat units used geographic features (ridge lines, fluctuations affecting quality and valleys, streams, coastlines, etc.) or quantity of available habitat, as well as were delineated by creating rough units manmade features (roads or obvious direct pressure from hundreds of for each species by screen digitizing land use) that created an obvious species of nonnative plants and animals. polygons (map units) using ArcView boundary for a unit as unit area Establishing and conserving 8 to 10 (Environmental Systems Research boundaries. viable populations on one or more Institute, Inc.), a computer GIS program. islands within the historic range of the We created the polygons by overlaying Following publication of the proposed species will provide each species with current and historic plant location critical habitat rules, some of which a reasonable expectation of persistence points onto digital topographic maps of were also published in revised form, for and eventual recovery, even with the each of the islands. 255 Hawaiian plants (67 FR 3940, high potential that one or more of these We then evaluated the resulting shape January 28, 2002; 67 FR 9806, March 4, populations will be eliminated by files (delineating historic elevational 2002; 67 FR 15856, April 3, 2002; 67 FR normal or random adverse events, such range and potential, suitable habitat). 16492, April 5, 2002; 67 FR 34522, May as the hurricanes that occurred in 1982 We refined elevation ranges, and we 14, 2002; 67 FR 36968, May 28, 2002; and 1992 on Kauai, fires, and nonnative avoided land areas identified as not 67 FR 37108, May 28, 2002), we plant invasions (HPPRCC 1996; Luijten suitable for a particular species (i.e., not reevaluated proposed critical habitat, et al. 2000; Mangel and Tier 1994; Pimm containing the primary constituent Statewide, for each species using the et al. 1998; Stacey and Taper 1992). We elements). We then considered the recovery guidelines (8 to 10 populations conclude that designation of adequate resulting shape files for each species to with a minimum of 100 mature, suitable habitat for 8 to 10 populations define all suitable habitat on the island, reproducing individuals per population as critical habitat is essential to give the including occupied and unoccupied for long-lived perennials; 300 mature, species a reasonable likelihood of long- habitat. reproducing individuals per population term survival and recovery, based on We further evaluated these shape files for short-lived perennials; and 500 currently available information. of suitable habitat. We used several mature, reproducing individuals per In summary, the long-term survival factors to delineate the proposed critical population for annuals) to determine if and recovery of Hawaiian plant species habitat units from these land areas. We we had inadvertently proposed for requires the designation of critical reviewed the recovery objectives, as designation too much or too little habitat units on one or more of the described above and in recovery plans habitat to meet the essential recovery Hawaiian islands with suitable habitat for each of the species, to determine if goals of 8 to 10 populations per species for 8 to 10 populations of each plant the number of populations and distributed among the islands of the species. Some of this habitat is currently population size requirements needed for species’ known historic range (HINHP

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Database 2000, 2001; Wagner et al. populations distributed among the ways; radars; telemetry antennas; 1990, 1999). islands of each species’ historical range. missile launch sites; arboreta and Based on comments and information Of the proposed critical habitat for a gardens; heiau (indigenous places of we received during the comment species, areas that provide habitat for worship or shrines) and other periods, we assessed the proposed populations above the recovery goal of archaeological sites; airports; other critical habitat in order to ascertain 8 to 10 populations were determined paved areas; and lawns and other rural which areas contained the highest not essential for the conservation of the residential landscaped areas. Federal quality habitat, had the highest species and were eliminated from the actions limited to those areas would not likelihood of species conservation, and final designation. trigger a section 7 consultation unless were geographically distributed within Within the critical habitat boundaries, they affect the species or primary the species’ historical range and section 7 consultation is generally constituent elements in adjacent critical distributed such that all populations of necessary, and adverse modification habitat. a single species are unlikely to be could occur only if the primary In summary, for these species we impacted by a single catastrophic event. constituent elements are affected. utilized the approved recovery plan We ranked areas of the proposed critical Therefore, not all activities within guidance to identify appropriately sized habitat by the quality of the primary critical habitat would trigger an adverse land units containing essential occupied constituent elements (i.e., intact native modification conclusion. In selecting and unoccupied habitat. Based on the plant communities, predominance of areas of designated critical habitat, we best available information, we believe associated native plants versus made an effort to avoid developed areas, these areas constitute the essential nonnative plants), potential as a such as towns and other similar lands, habitat on the island of Hawaii to conservation area (e.g., whether the land that are unlikely to contribute to the provide for the conservation of these 41 is zoned for conservation; whether the conservation of the 41 species. species. landowner is already participating in However, the minimum mapping unit The critical habitat areas described plant conservation or recovery actions), that we used to approximate our below constitute our best assessment of and current or expected management of delineation of critical habitat for these the physical and biological features known threats (e.g., ungulate control; species did not allow us to exclude all needed for the conservation of the 41 weed control; nonnative insect, slug, such developed areas from the maps. plant species from the island of Hawaii and snail control). We ranked as most Nevertheless, since manmade features and the special management needs of essential those areas that contain high and structures within the boundaries of these species, and are based on the best quality primary constituent elements, the mapped unit do not contain the scientific and commercial information are zoned for conservation, and have primary constituent elements, they are available and described above. We ongoing or expected threat abatement excluded by the terms of the final publish this final rule acknowledging actions. This ranking process also regulation such areas include: that we have incomplete information included determining which habitats Buildings; roads; aqueducts and other regarding many of the primary were representative of the historic water system features, including but not biological and physical requirements for geographical and ecological limited to, pumping stations, irrigation these species. However, both the Act distributions of the species (see ditches, pipelines, siphons, tunnels, and the relevant court orders require us ‘‘Primary Constituent Elements’’). Areas water tanks, gaging stations, intakes, to proceed with designation at this time that are zoned for conservation or have reservoirs, diversions, flumes, and based on the best information available. been identified as a State Forest wells; existing trails; campgrounds and As new information accrues, we may Reserve, NAR, Wildlife Preserve, State their immediate surrounding consider reevaluating the boundaries of Park, or are managed for conservation landscaped area; scenic lookouts; areas that warrant critical habitat by a private landowner have a high remote helicopter landing sites; existing designation. likelihood of providing conservation fences; telecommunications towers and The approximate areas of designated benefit to the species and are therefore associated structures and equipment; critical habitat by landownership or more essential than other comparable electrical power transmission lines and jurisdiction are shown in Table 3. The habitat outside of those types of areas. distribution and communication approximate final critical habitat area Of these essential areas, we selected facilities and regularly maintained (ha (ac)), essential area, and excluded adequate area to provide for 8 to 10 associated rights-of-way and access area are shown in Table 4.

TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1

Unit name State/local Private Federal Total

Hawaii 9—Achyranthes mutica—a ...... 63 ha ...... 63 ha (157 ac) (157 ac) Hawaii 9—Achyranthes mutica—b ...... 83 ha ...... 41 ha ...... 125 ha (205 ac) (101 ac) (306 ac) Hawaii 9—Achyranthes mutica—c ...... 67 ha ...... 67 ha (166 ac) (166 ac) Hawaii 9—Achyranthes mutica—d ...... 58 ha ...... 58 ha (143 ac) (143 ac) Hawaii 9—Achyranthes mutica—e ...... 74 ha ...... 23 ha ...... 96 ha (182 ac) (56 ac) (238 ac) Hawaii 9—Achyranthes mutica—f ...... 43 ha ...... 43 ha (105 ac) (105 ac) Hawaii 9—Achyranthes mutica—g ...... 37 ha ...... 37 ha (92 ac) (92 ac)

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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued

Unit name State/local Private Federal Total

Hawaii 9—Achyranthes mutica—h ...... 46 ha ...... 5 ha ...... 51 ha (115 ac) (12 ac) (127 ac) Hawaii 9—Achyranthes mutica—i ...... <1 ha ...... 30 ha ...... 31 ha (1 ac) (75 ac) (76 ac) Hawaii 9—Achyranthes mutica—j ...... 21 ha ...... 12 ha ...... 33 ha (52 ac) (29 ac) (81 ac) Hawaii 28—Adenophorus periens—a ...... 2,733 ha ...... 2,733 ha (6,754 ac) (6, 754 ac) Hawaii 10—Argyroxiphium kauense—a ...... 349 ha ...... 349 ha (861 ac) (861 ac) Hawaii 24—Argyroxiphium kauense—b ...... 3,149 ha ...... 4,646 ha ...... 7,795 ha (7,780 ac) (11,481 ac) (19,261, ac) Hawaii 25—Argyroxiphium kauense—c ...... 2,006 ha ...... 2,006 ha (4,957 ac) (4,957 ac) Hawaii 30—Argyroxiphium kauense—d ...... 4,281 ha ...... 4,281 ha (10,578 ac) (10,578 ac) Hawaii 24—Asplenium fragile var. insulate— 907 ha ...... 907 ha a. (2,241 ac) (2,241 ac) Hawaii 10—Bonamia menziesii—a ...... 163 ha ...... 163 ha (402 ac) (402 ac) Hawaii 8—Clermontia drepanomorpha—a .... 1,906 ha ...... 1,906 ha (4,709 ac) (4,709 ac) Hawaii 1—Clermontia lindseyana—a ...... 1,377 ha ...... 1,377 ha (3,303 ac) (3,303 ac) Hawaii 2—Clermontia lindseyana—b ...... 371 ha ...... 891 ha ...... 1,262 ha (918 ac) (2,201 ac) (3,119 ac) Hawaii 30—Clermontia lindseyana—c ...... 1,634 ha ...... 1,634 ha (4,037 ac) (4,037 ac) Hawaii 1—Clermontia peleana—a ...... 114 ha ...... 4,590 ha ...... 4,704 ha (281 ac) (11,343 ac) (11,624 ac) Hawaii 3—Clermontia peleana—b ...... 2,630 ha ...... 1,468 ha ...... 4,128 ha (6,498 ac) (3,627 ac) (10,126 ac) Hawaii 29—Clermontia peleana—c ...... 6,830 ha ...... 6,830 ha (16,914 ac) (16,914 ac) Hawaii 1—Clermontia pyrularia—a ...... 1,378 ha ...... 1,378 ha (3,405 ac) (3,405 ac) Hawaii 2—Clermontia pyrularia—b ...... 608 ha ...... 775 ha ...... 1,383 ha (1,502 ac) (1,916 ac) (3,418 ac) Hawaii 10—Colubrina oppositifolia—a ...... 1,918 ha ...... 1,918 ha (4,740 ac) (4,740 ac) Hawaii 18—Colubrina oppositifolia—b ...... 2,703 ha ...... <1 ha ...... 2,703 ha (6,712 ac) (1 ac) (6,713 ac) Hawaii 11—Cyanea hamatiflora ssp. 92 ha ...... 92 ha carlsonii—a. (227 ac) (227 ac) Hawaii 14—Cyanea hamatiflora ssp...... 597 ha ...... 597 ha carlsonii—b. (1,475 ac) (1,475 ac) Hawaii 15—Cyanea hamatiflora ssp. 741 ha ...... 304 ha ...... 1,045 ha carlsonii—c. (1,832 ac) (751 ac) (2,583 ac) Hawaii 16—Cyanea hamatiflora ssp. 186 ha ...... 186 ha carlsonii—d. (459 ac) (459 ac) Hawaii 3—Cyanea platyphylia—a ...... 1,403 ha ...... 1,403 ha (3,467 ac) (3,467 ac) Hawaii 29—Cyanea platyphylia—b ...... 1,122 ha ...... 402 ha ...... 1,524 ha (2,773 ac) (994 ac) (3,767 ac) Hawaii 1—Cyanea shipmanii—a ...... 1,557 ha ...... 1,557 ha (3,898 ac) (3,898 ac) Hawaii 30—Cyanea shipmanii—b ...... 62 ha ...... 62 ha (152 ac) (152 ac) Hawaii 30—Cyanea shipmanii—c ...... 825 ha ...... 825 ha (2,038 ac) (2,038 ac) Hawaii 15—Cyanea stictophylla—a ...... 500 ha ...... 185 ha ...... 685 ha (1,235 ac) (457 ac) (1,693 ac) Hawaii 16—Cyanea stictophylla—b ...... 327 ha ...... 327 ha (809 ac) (809 ac) Hawaii 24—Cyanea stictophylla—c ...... 584 ha ...... 584 ha (1,443 ac) (1,443 ac) Hawaii 30—Cyanea stictophylla—d ...... 632 ha ...... 632 ha (91,539 ac) (91,539 ac) Hawaii 3—Cytandra giffardii—a ...... 1,510 ha ...... 1,510 ha (3,731 ac) (3,731 ac)

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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued

Unit name State/local Private Federal Total

Hawaii 29—Cytandra giffardii—b ...... 938 ha ...... 938 ha (2,319 ac) (2,319 ac) Hawaii 30—Cytandra giffardii—c ...... 2,673 ha ...... 1,198 ha ...... 3,872 ha (6,606 ac) (2,961 ac) (9,567 ac) Hawaii 3—Cytandra tintinnabula—a ...... 2,322 ha ...... 2,322 ha (5,738 ac) (5.738 ac) Hawaii 29—Cytandra tintinnabula—b ...... 378 ha ...... 378 ha (934 ac) (934 ac) Hawaii 10—Delissea undulata—a ...... 93 ha ...... 93 ha (227 ac) (227 ac) Hawaii 10—Delissea undulata—b ...... 379 ha ...... 379 ha (938 ac) (938 ac) Hawaii 17—Diellia erecta—a ...... 327 ha ...... 2 ha ...... 329 ha (808 ac) (6 ac) (814 ac) Hawaii 18—Diellia erecta—b ...... 1,615 ha ...... 1,615 ha (3,992 ac) (3,992 ac) Hawaii 17—Flueggea neowawraea—a ...... 324 ha ...... 2 ha ...... 327 ha (801 ac) (6 ac) (807 ac) Hawaii 18—Flueggea neowawraea—b ...... 1,148 ha ...... <1 ha ...... 1,148 ha (2,837 ac) (1 ac) (2,838 ac) Hawaii 18—Gouania vitifolia—a ...... 1,785 ha ...... 1,785 ha (4,412 ac) (4,412 ac) Hawaii 26—Hibiscadelphus giffardianus—a ...... 149 ha ...... 149 ha (367 ac) (367 ac) Hawaii 10—Hibiscadelphus hualalaiensis—a 3,979 ha...... 3,979 ha (9,832 ac) (9,832 ac) Hawaii 10—Hibiscus brackenridgei—a ...... 196 ha ...... 196 ha (485 ac) (485 ac) Hawaii 21—Ischaemum byrone—a ...... 206 ha ...... 206 ha (510 ac) (510 ac) Hawaii 22—Ischaemum byrone—b ...... 159 ha ...... 159 ha (393 ac) (393 ac) Hawaii 4—Isodendrion hosakae—a ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—b ...... 35 ha ...... 35 ha (87 ac) (87 ac) Hawaii 4—Isodendrion hosakae—c ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—d ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—e ...... 11 ha ...... 11 ha (26 ac) (26 ac) Hawaii 4—Isodendrion hosakae—f ...... 51 ha ...... 51 ha (127 ac) (127 ac) Hawaii 19—Mariscus fauriei—a ...... 127 ha ...... 127 ha (313 ac) (313 ac) Hawaii 24—Melicope zahlbruckneri—a ...... 434 ha ...... 434 ha (1,072 ac) (1,072 ac) Hawaii 26—Melicope zahlbruckneri—b ...... 495 ha ...... 495 ha (1,224 ac) (1,224 ac) Hawaii 10—Neraudia ovata—a ...... 1,859 ha ...... 1,859 ha (4,493 ac) (4,493 ac) Hawaii 18—Neraudia ovata—d ...... 1,134 ha ...... 1,134 ha (2,801 ac) (2,801 ac) Hawaii 5—Nothocestrum breviflorum—a ...... 382 ha ...... 21 ha ...... 403 ha (944 ac) (51 ac) (995 ac) Hawaii 6—Nothocestrum breviflorum—b ...... 1,113 ha ...... 1,113 ha (2,749 ac) (2,749 ac) Hawaii 10—Nothocestrum breviflorum—c ..... 3,627 ha ...... 3,627 ha (8,964 ac) (8,964 ac) Hawaii 1—Phyllostegia racemosa—a ...... 938 ha ...... 938 ha (2,317 ac) (2,317 ac) Hawaii 2—Phyllostegia racemosa—b ...... 465 ha ...... 1,218 ha ...... 1,683 ha (1,148 ac) (3,010 ac) (4,158 ac) Hawaii 30—Phyllostegia racemosa—c ...... 267 ha ...... 267 ha (659 ac) (659 ac) Hawaii 24—Phyllostegia velutina—a ...... 2,466 ha ...... 2,466 ha (6,093 ac) (6,093 ac) Hawaii 30—Phyllostegia velutina—b ...... 1,180 ha ...... 1,180 ha (2,916 ac) (2,916 ac)

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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued

Unit name State/local Private Federal Total

Hawaii 3—Phyllostegia warshaueri—a ...... 2,248 ha ...... 223 ha ...... 2,471 ha (5,555 ac) (550 ac) (6,105 ac) Hawaii 8—Phyllostegia warshaueri—b ...... 1,177 ha ...... 1,177 ha (2,908 ac) (2,908 ac) Hawaii 24—Plantago hawaiensis—a ...... 1,348 ha ...... 1,348 ha (3,330 ac) (3,330 ac) Hawaii 25—Plantago hawaiensis—b ...... 1,522 ha ...... 1,522 ha (3,761 ac) (3,761 ac) Hawaii 30—Plantago hawaiensis—c ...... 1,219 ha ...... 1,219 ha (3,012 ac) (3,012 ac) Hawaii 7—Pleomele hawaiiensis—a ...... 499 ha ...... 178 ha ...... 677 ha (1,233 ac) (440 ac) (1,673 ac) Hawaii 10—Pleomele hawaiiensis—b ...... 1,339 ha ...... <1 ha ...... 1,339 ha (3,306 ac) (<1 ac) (3,306 ac) Hawaii 18—Pleomele hawaiiensis—c ...... 1,997 ha ...... <1 ha ...... 1,997 ha (4,933 ac) (1 ac) (4,934) Hawaii 23—Pleomele hawaiensis—d ...... 8,943 ha ...... 8,943 ha (22,097 ac) (22,097 ac) Hawaii 27—Portulaca sclerocarpa—a ...... 4,390 ha ...... 4,390 ha (10,848 ac) (10,848 ac) Hawaii 20—Sesbania tomentosa—a ...... 486 ha ...... 486 ha (1,201 ac) (1,201 ac) Hawaii 23—Sesbania tomentosa—b ...... 803 ha ...... 803 ha (1,984 ac) (1,984 ac) Hawaii 30—Sicyos alba—a ...... 2,776 ha ...... 3,490 ha ...... 6,266 ha (6,860 ac) (8,623 ac) (15,483 ac) Hawaii 25—Silene hawaiiensis—a ...... 854 ha ...... 854 ha (2,110 ac) (2,110 ac) Hawaii 27—Silene hawaiiensis—b ...... 1,942 ha ...... 1,942 ha (4,798 ac) (4,798 ac) Hawaii 10—Solanum incompletum—a ...... 704 ha ...... 1 ha ...... 705 ha (1,738 ac) (3 ac) (1,741 ac) Hawaii 11—Solanum incompletum—b ...... 57 ha ...... 57 ha (141 ac) (141 ac) Hawaii 4—Vigna o-wahuensis—a ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Vigna o-wahuensis—b ...... 35 ha ...... 35 ha (87 ac) (87 ac) Hawaii 4—Vigna o-wahuensis—c ...... 51 ha ...... 51 ha (127 ac) (127 ac) Hawaii 10—Zanthoxylum dipetalum ssp. 1,685 ha ...... 1,685 ha tomentosum—a. (4,164 ac) (4,164 ac) Total * ...... 46,109 ha ...... 6,482 ha ...... 31,600 ha ...... 84,200 ha 1 (114,356 ac) (16,025 ac) (78,085 ac) (208,063 ac) 1 Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or differences due to rounding. * Total take into consideration overlapping individual species units.

TABLE 4.—APPROXIMATE FINAL CRIT- Hawaii have been divided into a total of the conservation of the species because ICAL HABITAT AREA (HA (AC)), ES- 105 units. A brief description of each they support habitat that is necessary for SENTIAL AREA, AND EXCLUDED AREA unit is presented below. the establishment of additional Descriptions of Critical Habitat Units populations in order to reach Area considered essential 118,444 ha established conservation goals. Each of (292,679 ac) Hawaii 9—Achyranthes mutica—a the 10 units provides habitat for 1 Area not included be- 19,239 ha through Hawaii 9—Achyranthes population of 300 mature, reproducing cause of special man- (47,540 ac) mutica—j individuals of A. mutica. The habitat agement or protection We are designating 10 critical habitat features contained in these units that are (Pohakuloa Training essential for this species include, but are Area). units for Achyranthes mutica, a short- Area excluded under 5,860 ha lived perennial. Only unit ‘‘Hawaii 9— not limited to, lowland dry forest, 4(b)(2) (Kamehameha (14,478 ac) Achyranthes mutica—b’’ currently primarily in gulches but also in remnant Schools, Queen supports an extant colony of this stands of forest. Each unit is Liliuokalani Trust, TSA/ species. This unit contains the physical geographically separated from other MID, State). and biological features essential to the critical habitat for this multi-island Final Critical Habitat ...... 109,299 ha conservation of the species. It supports species in order to reduce the likelihood (270,083 ac) an extant colony and includes habitat of all recovery populations on the island that is important for the expansion of being destroyed by one naturally Lands designated as critical habitat the present population. The remaining occurring catastrophic event. Although for the 41 species on the island of nine unoccupied units are essential to this species is historically known from

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Kauai, critical habitat was not to support epiphytic growth of this northwesternmost critical habitat within designated for A. mutica on that island. species, in Metrosideros polymorpha- the species’ historical range. Ten critical habitat units for this species Cibotium glaucum lowland wet forest. Hawaii 24—Argyroxiphium are designated on the island of Hawaii, This unit is essential to the conservation kauense—b: This unit contains the providing habitat for a total of 10 of A. periens because it supports an upper portions of Hionamoa, Kauhuula, populations. extant colony of this species and Moaula, Pikea, and Waihaka gulches, Hawaii 9—Achyranthes mutica—a: includes habitat that is important for the Makaka Ravine, Puu Kinikini summit, This unit contains a portion of expansion of the present population. and Maunaanu Waterhole. The southern Waipahoehoe Gulch in the Kawaihae This unit is geographically separated portion lies in the Hilea watershed, the watershed. from other critical habitat for this multi- northern portion in Kapapala Hawaii 9—Achyranthes mutica—b: island species in order to reduce the watershed, and the central portion in This unit contains a portion of likelihood of all recovery populations the Pahala watershed. The northeast Keauewai Stream and Kilohana Gulch being destroyed by one naturally portion is in the Kapapala Forest in the Kawaihae watershed, and is occurring catastrophic event. In Reserve. This unit provides habitat for currently occupied by 25 to 50 addition to this unit, critical habitat was four populations of 2,000 individuals individuals. designated for four populations A. and is currently occupied by about Hawaii 9—Achyranthes mutica—c: periens within its historical range on 1,130 individuals of A. kauense in three This unit contains a portion of an Kauai (68 FR 9116, February 27, 2003), locations. This unit provides the unnamed gulch adjacent to Puu Loa in for one population on Oahu (68 FR southernmost critical habitat within the the Kawaihae watershed. 35949, June 17, 2003), and four species’ historical range. Hawaii 9—Achyranthes mutica—d: populations on Molokai (68 FR 12982, Hawaii 25—Argyroxiphium This unit contains a portion of an March 19, 2003). kauense—c: This unit contains a portion unnamed gulch between Hawaii 9— of Kipuka Kulalio and Kipuka Maunaiu Achyranthes mutica—c and Lauhine Hawaii 10—Argyroxiphium kauense—a in the Kapapala watershed. This unit Gulch in the Kawaihae watershed. through Hawaii 30—Argyroxiphium provides habitat for one population of Hawaii 9—Achyranthes mutica—e: kauense—d 2,000 individuals and currently is occupied by about 1,000 outplanted This unit contains a portion of Lauhine We are designating four critical individuals of A. kauense. Gulch and a gulch just east of Lauhine habitat units for Argyroxiphium Hawaii 30—Argyroxiphium Gulch and west of Puu Kawaiwai in the kauense, a long-lived perennial. Of the Kawaihae watershed. kauense—d: This unit contains portions four units, only ‘‘Hawaii 10— of the lava flows of 1852 and 1942 and Hawaii 9—Achyranthes mutica—f: Argyroxiphium kauense—a’’ is This unit contains a portion of Umipoho lies mostly in the Wailoa watershed, currently unoccupied by the species. with the southern tip in the Kaahakini Gulch in the Kawaihae watershed. The habitat features contained in these Hawaii 9—Achyranthes mutica—g: watershed. The upper area of the unit four units that are essential for this This unit contains a portion of Pauahi lies in portions of Upper Waiakea Forest species include, but are not limited to, Gulch, straddling the Kawaihae and the Reserve and Mauna Loa Forest Reserve. subalpine forests, bogs, and mountain Waikoloa/Waiulaula watersheds. The southern portion is part of the Olaa- Hawaii 9—Achyranthes mutica—h: parkland. The three occupied units Kilauea Partnership. This unit provides This unit contains a portion of contain the habitat features essential to habitat for two populations of 2,000 Momoualoa Gulch in the Waikoloa/ the conservation of A. kauense and each individuals of A. kauense and is Waiulaula watershed. supports at least one extant colony of currently occupied by fewer than 500 Hawaii 9—Achyranthes mutica—i: the species and includes habitat that is individuals. This unit provides the This unit contains a portion of an important for the expansion of present easternmost critical habitat within the unnamed gulch between Puu Kamoa populations, which are currently species’ historical range. and Puu Lanikepu in the Waikoloa/ considered nonviable. The unoccupied Hawaii 24—Asplenium fragile var. Waiulaula watershed. unit is essential to the conservation of insulare—a Hawaii 9—Achyranthes mutica—j: the species because it supports habitat This unit contains a portion of Waiaka that is necessary for the establishment of We are designating one critical habitat Gulch in the Waikoloa/Waiulaula additional populations in order to reach unit for Asplenium fragile var. insulare, watershed. This unit provides the recovery goals. Each unit is a short-lived perennial, The unit easternmost critical habitat within the geographically separated from other contains no named natural features and species’ historical range. critical habitat for this island-endemic lies in the Pahala watershed, mostly in species in order to reduce the likelihood Kapapala Forest Reserve, with the Hawaii 28—Adenophorus periens—a of all recovery populations on the island southern point in Kau Forest Reserve. We are designating one critical habitat being destroyed by one naturally This unit provides habitat for 1 unit for Adenophorus periens, short- occurring catastrophic event. The four population of 300 mature, reproducing lived perennial. This unit straddles the units being designated in this rule for A. individuals of A. fragile var. insulare Kaahakini and Kilauea watersheds, and kauense provide habitat to support a and is currently occupied by 11 lies completely within the Kahaulea total of eight populations. individuals. It contains habitat features NAR. The unit provides habitat for 1 Hawaii 10—Argyroxiphium essential for this species including, but population of 300 mature, reproducing kauense—a: This unit, which contains not limited to, Metrosideros polymorpha individuals of A. periens, and is no named natural features, lies in the dry montane forest, Dodonaea viscosa currently occupied by an unknown Kiholo watershed and is completely dry montane shrubland, Myoporum number of individuals. It contains within the Puuwaawaa Wildlife sandwicense-Sophora chrysophylla dry habitat features essential for the Sanctuary. This unoccupied unit, in montane forest, and Metrosideros conservation of the species including, combination with adjacent polymorpha- forest, as well but not limited to, Metrosideros Kamehameha Schools land, provides as subalpine dry forest and shrubland. polymorpha or Ilex anomala, or habitat for one population of 2,000 This species grows almost exclusively possibly other native large enough individuals. This unit provides the in large, moist lava tubes (from 3 to 4.5

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m (10 to 15 ft) in diameter), pits, deep from designation as critical habitat on considered nonviable. Each unit is cracks, and lava molds, with at least Lanai (68 FR 1220, January 9, 2003). geographically separated from other a moderate soil or ash accumulation, critical habitat for this multi-island Hawaii 8—Clermontia associated with mosses and liverworts. species in order to reduce the likelihood drepanomorpha—a This unit is essential to the conservation of all recovery populations on this and of A. fragile var. insulare because it We are designating one critical habitat other islands being destroyed by one supports an extant colony of this species unit for Clermontia drepanomorpha, a naturally occurring catastrophic event. and includes habitat that is important short-lived perennial. This unit contains We previously designated critical for the expansion of the present part of the Kohala Mountains, Opaeloa habitat to support two populations of C. population, which is currently summit, Puu O Umi, and Puu lindseyana within its historical range on considered nonviable. This unit Pohoulaula. The western portion of the Maui (67 FR 25934, May 14, 2003). In provides the southernmost critical unit is in the Honokane Nui watershed, this rule, we are designating habitat for habitat within the species’ historical the eastern portion is in the Wailoa/ a total of eight populations, each with range. This unit is geographically Waipio watershed, and the southern 300 mature, reproducing individuals of separated from other critical habitat for portion in the Waikoloa/Waiulaula C. lindseyana. this multi-island species in order to watershed. The northern portion Hawaii 1—Clermontia lindseyana—a: reduce the likelihood of all recovery contains the upper reaches of the This unit contains the upper portions of populations being destroyed by one Honopue, Nakooko, Ohiahuea, the Awehi, Hakalau, Honolili, and naturally occurring catastrophic event. Waikaloa, and Waimanu watersheds. Kapue streams, and is in the Honolii, Habitat for another 7 populations is in The unit lies completely within the Kapue, Kolekole, and Wailuku the PTA on this island that we are Kohala Forest Reserve. This unit watersheds. The unit, which lies excluding from designation (see provides habitat for 6 populations of completely within the Hakalau Unit of ‘‘Analysis of Impacts Under 4(b)(2)’’). 300 mature, reproducing individuals of Hakalau Forest NWR; and provides We previously designated critical C. drepanomorpha; and is currently habitat for 2 populations of 300 habitat for this species within its occupied by about 200 individuals. It individuals of C. lindseyana; and is historical range for two populations on contains habitat features that are currently occupied by about 8 Maui (68 FR 25934, May 14. 2003). essential for this species including, but individuals. This unit provides the not limited to, montane wet forests easternmost critical habitat within the Hawaii 10—Bonamia menziesii—a dominated by Metrosideros species’ historical range. We are designating one critical habitat polymorpha, Cheirodendron trigynum, Hawaii 2—Clermontia lindseyana—b: unit for B. menziesii, a short-lived and Cibotium glaucum. This unit is This unit contains a portion of Nauhi perennial. This unit contains no named essential to the conservation of C. Gulch, and the northern portion is in natural features and lies completely drepanomorpha because it supports an the Haakoa watershed, the southern within the Kiholo watershed just above extant colony of this species and portion in Umauma watershed, and the the highway. This unit, in combination includes habitat that is important for the central portion in Waikaumalo with Kamehameha Schools land expansion of the present population, watershed. The northern and southern adjacent to the unit, provides habitat for which is currently considered portions of this unit lie partly in the 1 population of 300 mature, reproducing nonviable. Although we do not believe Hakalau Forest NWR, and the central individuals of B. menziesii and is enough habitat currently exists to reach portion lies in the Hilo Forest Reserve. currently unoccupied (although the the recovery goal of 8 to 10 populations The unit provides habitat for 2 adjacent, excluded Kamehameha for this island-endemic species, this populations of 300 individuals of C. Schools land is occupied by 6 to 8 unit is of an appropriate size such that lindseyana and is currently occupied by individuals) (see ‘‘Analysis of Impacts each of the 6 potential recovery 5 individuals. Under 4(b)(2)’’). This unit is essential to populations within the unit is Hawaii 30—Clermontia lindseyana— the conservation of B. menziesii because geographically separated to a sufficient c: This unit, which contains no named it is adjacent to excluded land that extent to be likely to avoid destruction natural features, lies just northeast of supports an extant colony of this species of all of the populations by one Puu Kipu. The northern portion of this and includes habitat that is important naturally occurring catastrophic event. unit lies in the Wailoa watershed and for the expansion of that population. the southern portion is in the Kaahakini Hawaii 1—Clermontia lindseyana—a The habitat features contained in this watershed. This unit is mostly within through Hawaii 30—Clermontia unit that are essential for this species Olaa-Kilauea Partnership lands with a lindseyana—c include, but are not limited to, dry small portion of the northeast section forest. It unit provides the We are designating three units of lying in the upper Waiakea Forest southeasternmost critical habitat within critical habitat for Clermontia Reserve. The unit provides habitat for 4 the species’ historical range and is lindseyana, a short-lived perennial. All populations of 300 individuals of C. geographically separated from other three units currently are occupied. They lindseyana and is currently occupied by critical habitat for this multi-island contain habitat features that are 9 individuals. This unit provides the species in order to reduce the likelihood essential for this species including, but southernmost critical habitat within the of all recovery populations being not limited to, slightly open forest cover species’ historical range. destroyed by one naturally occurring in wet and mesic Metrosideros catastrophic event. We previously polymorpha-Acacia koa forest, M. Hawaii 1—Clermontia peleana—a designated critical habitat for two polymorpha forest, and mixed montane through Hawaii 29—Clermontia populations of B. menziesii within its mesic M. polymorpha-Acacia koa forest. peleana—c historical range on Kauai (68 FR 9116, Each unit is essential to the We are designating three units of February 27, 2003), for four populations conservation of C. lindseyana because it critical habitat for Clermontia peleana, on Oahu (68 FR 35949, June 17, 2003), supports an extant colony of this species a short-lived perennial. One unit, and for one population on Maui (68 FR and includes habitat that is important ‘‘Hawaii 1—Clermontia peleana—a,’’ 25934, May 14, 2003). Habitat for one for the expansion of the present that currently is unoccupied is essential population is in the lands we excluded population, which is currently to the conservation of the species

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because it supports habitat that is contains about half of the Waiakea 1942 species include, but not limited to, necessary for the establishment of Lava Flow NAR, the main part of the montane wet Metrosideros-Cibotium additional populations in order to reach unit lying, in the south, in the Upper forest. This unit is essential to the recovery goals. Each of the two Waiakea Forest Reserve and in the north conservation of C. pyrularia because it occupied units is essential to the in the Hilo Forest Reserve. This unit supports an extant colony of this species conservation of C. peleana because each provides habitat for 4 populations of and includes habitat that is important supports an extant colony of this species 300 individuals of C. lindseyana and is for the expansion of the present and includes habitat that is important currently occupied by 3 individuals. population, which is currently for the expansion of the present Hawaii 1—Clermontia pyrularia—a and considered nonviable. population, which is currently Hawaii 2—Clermontia pyrularia—b considered nonviable. They contain Hawaii 10—Colubrina oppositifolia—a habitat features that are essential for this We are designating two units of and Hawaii 18—Colubrina species including, but not limited to, critical habitat for Clermontia pyrularia, oppositifolia—b montane wet Metrosideros-Cibotium a short-lived perennial. One of the units, forest. Each unit is geographically ‘‘Hawaii 2—Clermontia pyrularia—b,’’ We are designating two units of separated from other critical habitat for is currently occupied. The two units critical habitat for Colubrina this multi-island species in order to provide habitat for combined total of six oppositifolia, a long-lived perennial. reduce the likelihood of all recovery populations, each with 300 mature, Each unit is currently occupied, and populations on the island being reproducing individuals. The units are each provides habitat to support two destroyed by one naturally occurring geographically separated. Although we populations with 100 mature, catastrophic event. C. peleana is do not believe enough habitat currently reproducing individuals of C. historically known from Maui, but no exists to reach the recovery goal of 8 to oppositifolia. They contain habitat critical habitat was designated for it on 10 populations for this island-endemic features that are essential for this that island (68 FR 25934, May 14, 2003). species, the two units are of an species include, but not limited to, The critical habitat we are designating appropriate size so that each potential lowland dry and mesic forests in this rule provides for a total of 10 recovery population within the unit is dominated by Diospyros sandwicensis populations, each with 300 mature, geographically separated enough to be or Metrosideros polymorpha. Each units reproducing individuals. likely to avoid both units being is essential to the conservation of C. Hawaii 1—Clermontia peleana—a: destroyed by one naturally occurring oppositifolia because it supports an This unit contains a portion of catastrophic event. extant colony of this species and Honohina and Nauhi gulches, and Hawaii 1—Clermontia pyrularia—a: includes habitat that is important for the Hakalau, Kapue, and Kolekole streams. This unit contains Kaloaloa summit and expansion of the present population (the portions of Hakalau, Honolii, and Kapue The unit is bordered on the north by the present population within ‘‘Hawaii 18— streams. It is bordered in the north by Nanue watershed and on the south by Colubrina oppositifolia—b’’ is currently Kolekole watershed and in the south by the Honolii and Pahoehoe watersheds. It considered nonviable). The units are also contains portions of the Kapue, Wailuku watershed, and it contains portions of the Kapue and Honolii geographically separated from other Kolekole, and Umauma watersheds. critical habitat for this multi-island This unit lies mostly within Hakalau watersheds. The unit lies completely species in order to reduce the likelihood Forest NWR and is intersected by a within Hakalau Forest NWR; provides of all recovery populations being small section of the Hilo Forest Reserve. habitat for 3 populations of 300 destroyed by one naturally occurring This unit provides habitat for 3 individuals; and is currently populations of 300 individuals of C. unoccupied. This unit is essential to the catastrophic event. We have designated peleana and is currently unoccupied. conservation of the species because it critical habitat for for three populations Hawaii 3—Clermontia peleana—b: supports habitat that is necessary for the of C. oppositifolia within its historical This unit contains a portion of establishment of additional populations range on Oahu (68 FR 35949, June 17, Kaiwilalilahi, Haakoa, and Waikaumalo in order to reach recovery goals. It 2003) and for three populations on Maui streams and is bordered on the contains habitat features that are (67 FR 25934, May 14, 2003), and in this northwest by the Kaawalii and essential for this species including, but rule the units we are designating Laupahoehoe watersheds, in the south not limited to, wet and mesic montane provide habitat for a total of four by the Waikaumalo watershed, and forest dominated by Acacia koa or populations on the island of Hawaii. contains portions of the Haakoa, Metrosideros polymorpha, and Hawaii 10—Colubrina oppositifolia— Kaiwilahilahi, Kilau, Manowaiopae, subalpine dry forest dominated by a: This unit contains no named natural Maulua, Ninole, Pahale, and Metrosideros polymorpha. features and lies completely within the Pohakupuka watersheds. This unit lies Hawaii 2—Clermontia pyrularia—b: Kiholo watershed. It is currently partly, in the northwest portion, in the This unit contains a portion of Nauhi occupied by several hundred Gulch and is bordered in the north by Hilo Forest Reserve; in the central individuals of C. oppositifolia. portion in Laupahoehoe NAR; and in Kaawalii watershed; and in the south by the southern portion in the Hakalau Umauma watershed. It also contains Hawaii 18—Colubrina oppositifolia— Forest NWR. The unit provides habitat portions of Haakoa, Kaiwilahilahi, and b: This unit contains no named natural for 3 populations of 300 individuals of Waikaumalo watersheds. The unit lies features and lies almost completely C. peleana and is currently occupied by partly in the Hilo Forest Reserve in the within the Kauna watershed, with a 1 individual. north and south-central portion of the small portion lying in the Kiilae Hawaii 29—Clermontia peleana—c: unit and in Hakalau Forest NWR in the watershed on the southwestern side of This unit contains a portion of south and north-central portion of the the unit. This unit is currently occupied Waipahoehoe Gulch and a portion of the unit. This unit provides habitat for 3 by 10 to 50 individuals, and is currently lava flows of 1881 and 1852, and the populations of 300 individuals of C. considered nonviable. This unit northern portion is in the Wailuku pyrularia and is currently occupied by provides the southernmost critical watershed, while the southern portion 4 individuals. It contains habitat habitat within the species’ historical in the Wailoa watershed. The unit features that are essential for this range.

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Hawaii 11—Cyanea hamatiflora ssp. named natural features, it lies units is essential to the conservation of carlsonii—a through Hawaii 16— completely within the Kiilae watershed, C. shipmanii because it supports an Cyanea hamatiflora ssp. carlsonii—d and is completely within Kipahoehoe extant colony of this species and We are designating four units of NAR. The unit provides habitat for 1 includes habitat that is important for the critical habitat for Cyanea hamatiflora population of 300 individuals is expansion of the present population, ssp. carlsonii, a short-lived perennial. currently occupied by 1 individual. This which is currently considered They contain habitat features that are unit provides the southernmost critical nonviable. The unoccupied unit, essential for this species including, but habitat within the species’ historical ‘‘Hawaii 30—Cyanea shipmanii—c,’’ is not limited to, mesic montane forest range. essential to the conservation of the species because it supports habitat that dominated by Metrosideros polymorpha Hawaii 3—Cyanea platyphylla—a and is necessary for the establishment of or Acacia koa. Two of the units, Hawaii 29—Cyanea platyphylla—b additional populations in order to reach ‘‘Hawaii 11—Cyanea hamatiflora ssp. We are designating two critical habitat recovery goals. They contain habitat carlsonii—a’’ and ‘‘Hawaii 16—Cyanea units for Cyanea platyphylla, a short- features that are essential for this hamatiflora ssp. carlsonii—d’’ currently lived perennial. Both units are currently species including, but not limited to, are occupied. These two units are each occupied. They contain habitat features mesic forest dominated by Acacia koa- essential to the conservation of C. that are essential for this species Metrosideros polymorpha. Although we hamatiflora ssp. carlsonii because each including, but not limited to, open do not believe enough habitat currently supports an extant colony of this species Metrosideros polymorpha-Acacia koa exists to reach the recovery goal of 8 to and includes habitat that is important lowland and montane wet forests. Each 10 populations for this island-endemic for the expansion of the present unit is essential to the conservation of species, the three units are population, which is currently C. platyphylla because it supports an geographically separated to reduce the considered nonviable. Each of the two extant colony of this island-endemic likelihood of their destruction by one currently unoccupied units is essential species and includes habitat that is naturally occurring catastrophic event. to the conservation of the species important for the expansion of the Within the three units, habitat is because each supports habitat that is present population, which is currently provided for a total of seven necessary for the establishment of considered nonviable. This units are populations, each with 300 mature, additional populations in order to reach geographically separated to avoid their reproducing individuals of C. recovery goals. The four critical by one naturally occurring shipmanii. units are geographically separated in catastrophic event. This rule designates Hawaii 1—Cyanea shipmanii—a: This order to avoid destruction of habitat for critical habitat for a total of nine unit contains Puu Akala and portions of all populations by one naturally populations of this species, each with Awehi, Honoliii, and Kapue streams. It occurring catastrophic event. The 300 mature, reproducing individuals. is bordered by Kolekole watershed in designation of these four units provides Hawaii 3—Cyanea platyphylla—a: the north and Wailuku in the south, habitat for a total of eight populations of This unit contains a portion of Haakoa, with Honolii and Kapue watersheds in C. hamatiflora ssp. carlsonii, each with Kaiwilahilahi, and Kilau streams and is the central portion. The unit is 300 mature, reproducing individuals. bordered in the northwest by completely within Hakalau Forest NWR; Hawaii 11—Cyanea hamatiflora ssp. Laupahoehoe watershed and in the provides habitat for 3 populations of carlsonii—a: This unit contains no southeast by Maulua watershed. It also 300 individuals of C. shipmanii; and is named natural features and lies contains portions of Haakoa, currently occupied by 1 individual. completely within the Waiaha Kaiwilahilahi, Kilau, Manowaiopae, and Hawaii 30—Cyanea shipmanii—b: watershed. The unit, which is Pahale watersheds. The unit lies almost This unit contains no named natural completely within the Honuaula Forest completely within Laupahoehoe NAR features, lies completely within the Reserve, provides habitat for 1 with a small portion in the northwest in Wailoa watershed, and is completely population of 300 individuals and is the Hilo Forest Reserve. This unit within the Mauna Loa Forest Reserve. currently occupied by about 14 provides habitat for three populations of The unit provides habitat for 1 individuals. This unit provides the 300 individuals of C. platyphylla and is population of 300 individuals of C. northernmost critical habitat within the currently occupied by 57 individuals. shipmanii; and is currently occupied by species’ historical range. Hawaii 29—Cyanea platyphylla—b: 1 individual. Hawaii 14—Cyanea hamatiflora ssp. This unit contains Waterhole Spring, a Hawaii 30—Cyanea shipmanii—c: carlsonii—b: This unit contains no portion of the Wailuku River, and a This unit, which contains no named named natural features and lies branch of the Kalohewahewa Stream. It natural features, lies almost completely completely within the Kiilae watershed. lies completely within the Wailuku within the Wailoa watershed with a The unit, which is completely within watershed. The unit also lies almost small segment of the southern portion the Kona Unit of Hakalau Forest NWR, completely within the Hilo Forest lying in the Kaahakini watershed. The provides habitat for 2 populations of Reserve. This unit provides habitat for unit is completely within the Olaa- 300 individuals and is currently 6 populations of 300 individuals of C. Kilauea Partnership. This unit provides unoccupied. platyphylla; and is currently occupied habitat for 3 populations of 300 Hawaii 15—Cyanea hamatiflora ssp. by 1 individual. individuals of C. shipmanii; and is carlsonii—c: This unit contains no currently unoccupied. named natural features, lies completely Hawaii 1—Cyanea shipmanii—a within the Kiilae watershed, and through Hawaii 30—Cyanea Hawaii 15—Cyanea stictophylla—a contains portions of the South Kona shipmanii—c through Hawaii 30—Cyanea Forest Reserve. The unit provides We are designating three critical stictophylla—d habitat for 4 populations of 300 habitat units for Cyanea shipmanii, a We are designating four units of individuals and is currently short-lived perennial. Two of the units, critical habitat for Cyanea stictophylla, unoccupied. ‘‘Hawaii 1—Cyanea shipmanii—a’’ and a short-lived perennial. Two of the Hawaii 16—Cyanea hamatiflora ssp. ‘‘Hawaii 30—Cyanea shipmanii—b,’’ are units, ‘‘Hawaii 15—Cyanea carlsonii—d: This unit contains no currently occupied. Each of these two stictophylla—a’’ and ‘‘Hawaii 16—

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Cyanea stictophylla—b’’ currently are Hawaii 3—Cyrtandra giffardii—a This unit is essential to the conservation occupied by individuals of this species. through Hawaii 30—Cyrtandra of C. giffardii because it supports an These two units are each essential to the giffardii—c extant colony of this species and conservation of C. stictophylla because We are designating three critical includes habitat that is important for the each supports an extant colony of this habitat units for Cyrtandra giffardii, a expansion of the present population, species and includes habitat that is short-lived perennial. Two of the units, which is currently considered important for the expansion of the ‘‘Hawaii 3—Cyrtandra giffardii—a’’ and nonviable. present population, which is currently ‘‘Hawaii 30—Cyrtandra giffardii—c,’’ Hawaii 3—Cyrtandra tintinnabula—a considered nonviable. Each of the two currently are occupied by this species. unoccupied units are essential to the and Hawaii 29—Cyrtandra They contain habitat features that are tintinnabula—b conservation of the species because each essential for this species including, but supports habitat that is necessary for the not limited to, wet montane forest We are designating two critical habitat establishment of additional populations dominated by Cibotium sp. or units for Cyrtandra tintinnabula, a in order to reach recovery goals. The Metrosideros polymorpha and M. short-lived perennial. One of the units, four units contain habitat features that polymorpha-Acacia koa lowland wet ‘‘Hawaii 3—Cyrtandra tintinnabula—a,’’ are essential for this species including, forests. Each unit is geographically currently is occupied by individuals of but not limited to, Acacia koa or wet separated from other units on this island this species. They contain habitat Metrosideros polymorpha forests. Each to avoid their destruction by one features that are essential for this unit is geographically separated from naturally occurring catastrophic event. species including, but not limited to, others on this island to reduce the Within the 3 units we are designating lowland wet forest dominated by dense likelihood of the destruction of all the for Cyrtandra giffardii in this rule, Acacia koa, Metrosideros polymorpha, units by one naturally occurring habitat is provided for a total of 10 and Cibotium spp. The units are catastrophic event. Within the 4 units populations, each with 300 mature, geographically separated to avoid their we are designating for C. stictophylla in reproducing individuals. destruction by one naturally occurring Hawaii 3—Cyrtandra giffardii—a: this rule, habitat is provided for a total catastrophic event. Within the two This unit contains a portion of Haakoa, of 10 populations, each with 300 units, habitat is provided for a total of Kawilahilahi, and Kilau streams and is mature, reproducing individuals. nine populations, each with 300 mature, bordered in the northwest by Hawaii 15—Cyanea stictophylla—a: reproducing individuals of C. Laupahoehoe watershed with a small This unit contains no named natural overlap into Kaawali watershed, in the tintinnabula. features and lies completely within the southeast by Haakoa and Pahala Hawaii 3—Cyrtandra tintinnabula—a: Kiilae watershed. The unit is almost watersheds, and with the Kaiwilahilahi, This unit contains a portion of Haakoa, completely within the South Kona Kilau, and Manowaiopae watersheds in Kilau, and Kawilahilahi streams and is Forest Reserve. This unit provides the central portion. The unit is almost bordered on the northwest by Kaawali habitat for 1 population of 300 completely within Laupahohoe NAR and Laupahoehoe watersheds, and on individuals of C. stictophylla and is with a small overlap into the Hilo Forest the southeast by Maulua and Pahala currently occupied by 1 individual. Reserve. This unit provides habitat for watersheds. It also contains portions of Hawaii 16—Cyanea stictophylla—b: 3 populations of 300 individuals of C. the Haakoa, Kaiwilahilahi, Kilau and This contains no named natural features giffardii and is currently occupied by Manowaiopae watersheds in the central and lies completely within the Kiilae more than 245 individuals. This unit is portion. The unit is almost completely watershed. The unit also lies completely essential to the conservation of this within Laupahohoe NAR with a very within Kipahoehoe NAR. This unit species because it supports an extant small overlap into the Hilo Forest provides habitat for 1 population of 300 colony of this species and includes Reserve. This unit provides habitat for individuals of C. stictophylla and is habitat that is important for the 7 populations, each with 300 currently occupied by 1 individual. This expansion of the present population. individuals of C. tintinnabula, and the unit provides the southernmost critical Hawaii 29—Cyrtandra giffardii—b: unit is currently occupied by 18 habitat within the species’ historical This unit contains portions of two forks individuals. This unit is essential to the range. of the Wailuku River and two forks of conservation of C. tintinnabula because Kalohewahewa Stream and lies Hawaii 24—Cyanea stictophylla—c: it supports an extant colony of this completely within the Wailuku This unit is just north of, but does not species and includes habitat that is watershed. The unit also is completely include, Uwewale Gulch, it lies important for the expansion of the within the Hilo Forest Reserve; provides completely within the Pahala present population, which is currently habitat for 2 populations of 300 watershed, and also lies completely considered nonviable. individuals of C. giffardii; and is within Kau Forest Reserve; provides currently unoccupied. This unit is Hawaii 29—Cyrtandra tintinnabula— habitat for 2 populations of 300 essential to the conservation of the b: This unit contains portions of two individuals of C. stictophylla; and is species because it supports habitat that forks of the Wailuku River, it lies currently unoccupied. is necessary for the establishment of completely within the Wailuku Hawaii 30—Cyanea stictophylla—d: additional populations in order to reach watershed, and also lies completely This unit straddles the Kulani summit recovery goals. within the Hilo Forest Reserve; provides but otherwise has no named natural Hawaii 30—Cyrtandra giffardii—c: habitat for 2 populations of 300 features, and it lies completely within This unit contains Puu Makaala and lies individuals of C. tintinnabula; and is the Kaahakini watershed. The unit also completely within the Kaahakini currently unoccupied. This unit is is completely within the Olaa-Kilauea watershed. It also lies completely within essential to the conservation of the Partnership lands; provides habitat for 6 the Olaa-Kilauea Partnership lands. This species because it supports habitat that populations of 300 individuals of C. unit provides habitat for 5 populations is necessary for the establishment of stictophylla; and is currently of 300 individuals of C. giffardii and is additional populations in order to reach unoccupied. currently occupied by one individual. recovery goals.

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Hawaii 10—Delissea undulata—a and conservation of D. erecta because it Kauai (68 FR 9116), for one poulation Hawaii 10—Delissea undulata—b supports an extant colony of this species on Molokai (67 FR 16492), and for one We are designating two critical habitat and includes habitat that is important population on Maui (68 FR 25934, May units for Delissea undulata, a short- for the expansion of the present 14, 2003). There is habitat for one lived perennial. They contain habitat population, which is currently additional population on lands features that are essential for this considered nonviable. The units are excluded from critical habitat on Oahu species including, but not limited to, geographically separated from other (68 FR 35949, June 17, 2003). The two dry cinder cones and open Sophora critical habitat for this multi-island units we are designating for F. species in order to reduce the likelihood neowawraea in this rule provide habitat chrysophylla and Metrosideros of all recovery populations being for a total of 2 populations, each with polymorpha forest. The units are destroyed by one naturally occurring 100 mature, reproducing individuals. geographically separated from other catastrophic event. We designated Hawaii 17—Flueggea neowawraea—a: critical habitat for this multi-island critical habitat for one population each This unit contains no named natural species in order to reduce the likelihood on Kauai (68 FR 9116, February 27, features, it lies completely within the of all recovery populations being 2003), Oahu (68 FR 35949, June 17, Kiilae watershed, and is completely destroyed by one naturally occurring 2003), and Molokai (67 FR 16492, within the South Kona Forest Reserve. catastrophic event. We previously March 19, 2003), and four populations The unit provides habitat for 1 designated critical habitat for three on Maui (68 FR 25934, May 14, 2003). population of 100 individuals of F. populations on Kauai (68 FR 9116). The The two critical habitat units we are neowawraea, and is currently occupied units we are designating in this rule designating for D. erecta in this rule by 10 individuals. provide habitat for two populations on provide babitat for a total of two Hawaii 18—Flueggea neowawraea—b: Hawaii, each with 300 mature, populations, each with 300 mature, This unit contains no named natural reproducing individuals of D. undulata. reproducing individuals. features and lies completely within the In addition, Kamehameha Schools land Hawaii 17—Diellia erecta—a: This Kauna watershed. The unit also lies excluded from designation in this rule unit contains no named natural features, almost completely within Manuka NAR provides habitat for another three it lies completely within the Kiilae except for one State-owned inholding populations of D. undulata (see watershed, and is also completely that is nonmanaged land within the ‘‘Analysis of Impacts Under 4(b)(2)’’). within the South Kona Forest Reserve; conservation district. This unit provides Hawaii 10—Delissea undulata—a: provides habitat for one population of habitat for 1 population of 100 This unit lies on the northwest slopes of 300 individuals of D. erecta; and is individuals of F. neowawraea and is Puuwaawaa and is completely within currently occupied by 22 individuals. currently occupied by 5 to 11 the Kiholo watershed. The unit provides Hawaii 18—Diellia erecta—b: This individuals. This unit provides the habitat for 1 population of 300 unit contains no named natural features, southernmost critical habitat within the individuals of D. undulata and is it lies completely within the Kauna species’ historical range. currently unoccupied. This unit is watershed, and is also completely Hawaii 18—Gouania vitifolia—a essential to the conservation of the within the Manuka NAR; provides species because it supports habitat that habitat for 1 population of 300 We are designating one critical habitat is necessary for the establishment of individuals of D. erecta; and is currently unit for Gouania vitifolia, a short-lived additional populations in order to reach occupied by 2 individuals. This unit perennial. This unit contains no named recovery goals. provides the southernmost critical natural features, it lies completely Hawaii 10—Delissea undulata—b: habitat within the species’ historical within the Kauna watershed, and is This unit lies on the northwest slopes of range. completely within Manuka NAR; Puuwaawaa between the Poohohoo provides habitat for 2 populations of summit and Potato Hill and is Hawaii 17—Flueggea neowawraea—a 300 mature, reproducing individuals of completely within the Kiholo and Hawaii 18—Flueggea G. vitifolia; and is currently occupied by watershed. The southern portion of this neowawraea—b 4 individuals. It contains habitat unit lies in Puuwaawaa Wildlife We are designating two critical habitat features that are essential for this Sanctuary. The unit provides habitat for units for Flueggea neowawraea, a long- species including, but not limited to, 1 population of 300 individuals of D. lived perennial. Both units are occupied dry, rocky ridges and slopes in dry undulata and is currently occupied by by individuals of this species. They shrubland or dry to mesic Nestegis- one individual. This unit is essential to contain habitat features that are Metrosideros forests on old substrate the conservation of D. undulata because essential for this species including, but kipuka. This unit is essential to the it supports an extant colony of this not limited to, mesic Metrosideros conservation of G. vitifolia because it species and includes habitat that is polymorpha forest. Each unit is supports an extant colony of this species important for the expansion of the essential to the conservation of F. and includes habitat that is important present population, which is currently neowawraea because it supports an for the expansion of the present considered nonviable. extant colony of this species and population, which is currently includes habitat that is important for the considered nonviable. This unit Hawaii 17—Diellia erecta—a and expansion of the present population, provides the southeasternmost critical Hawaii 18—Diellia erecta—b which is currently considered habitat within the species’ historical We are designating two critical habitat nonviable. The units are geographically range. This unit is geographically units for Diellia erecta, a short-lived separated from other critical habitat for separated from other critical habitat for perennial. Both units currently are this multi-island species within its this multi-island species within its occupied. They contain habitat features historical range in order to reduce the historical range in order to reduce the that are essential for this species likelihood of all recovery populations likelihood of all recovery populations including, but not limited to, being destroyed by one naturally being destroyed by one naturally Metrosideros polymorpha-Nestegis occurring catastrophic event. We occurring catastrophic event. We sandwicensis lowland mesic forest. previously designated critical habitat for previously designated critical habitat for Each unit is essential to the four populations of this species on seven populations of this species on

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Oahu (68 FR 35949, June 17, 2003) and habitat has designated previously for Hawaii 21—Ischaemum byrone—a: for one population on Maui (68 FR this species. It has a limited known This unit lies along the coast from just 25934, May 14, 2003). historical range, and there is little east of Keauhou Point, running west. information available about this species. The unit is bordered by the Kapapala Hawaii 26—Hibiscadelphus watershed in the east and the Kilauea giffardianus—a Hawaii 10—Hibiscus brackenridgei—a watershed in the west and lies We are designating one critical habitat We are designating one critical habitat completely within the HVNP. This unit unit for Hibiscadelphus giffardianus, a unit for Hibiscus brackenridgei, a short- provides habitat for 2 populations of long-lived perennial. The unit contains lived perennial. This unit contains Puu 300 individuals of I. byrone and is portions of Kipuka Puaulu and Kipuka Huluhulu and lies completely within currently unoccupied. This unit is Ki, and also lies completely within the the Kiholo watershed. The unit provides essential to the conservation of the Kapapala watershed, and is completely habitat for 1 population of 300 mature, species because it supports habitat that within HVNP; provides habitat for 1 reproducing individuals of H. is necessary for the establishment of population of 100 mature, reproducing brackenridgei and is currently occupied additional populations in order to reach individuals of the H. giffardianus; and by 5 individuals. It contains habitat recovery goals. This unit provides the is currently occupied by 100 features that are essential for this southernmost critical habitat within the individuals. It contains habitat features species including, but not limited to, species’ historical range. that are essential for this species Acacia koa lowland mesic forest. This Hawaii 22—Ischaemum byrone—b: including, but not limited to, mixed unit is essential to the conservation of This unit lies along the coast from just montane mesic forest. This unit is H. brackenridgei because it supports an east of Ka Lae Apuki to just east of Puu essential to the conservation of H. extant colony of this species and Manawalea and is completely within giffardianus because it supports an includes habitat that is important for the the HVNP. The unit provides habitat for extant colony of this species and expansion of the present population, 1 population of 300 individuals of I. includes habitat that is important for the which is currently considered expansion of the present population, nonviable. This unit provides the byrone and is currently occupied by 200 which is currently considered easternmost critical habitat within the individuals. This unit is essential to the nonviable. Although we do not believe species’ historical range. The unit is conservation of I. byrone because it enough habitat currently exists to reach geographically separated from other supports an extant colony of this species the recovery goal of 8 to 10 populations critical habitat for this multi-island and includes habitat that is important for this island-endemic species, we species in order to reduce the likelihood for the expansion of the present could not identify any other areas as of all recovery populations being population, which is currently suitable for H. giffardianus based upon destroyed by one naturally occurring considered nonviable. what currently is known about this catastrophic event. We previously Hawaii 4—Isodendrion hosakae—a species. Only one tree has ever been designated critical habitat for three through Hawaii 4—Isodendrion known in the wild, and the species is a populations of H. brackenridgei on hosakae—f very narrow endemic that probably Oahu (68 FR 35949, June 17, 2003), for never naturally occurred in more than a one population on Molokai (67 FR We are designating six critical habitat single or a few populations. 16492, March 19, 2003), and for three units for Isodendrion hosakae, a short- populations on Maui (68 FR 25934, May lived perennial. One of the six units, Hawaii 10—Hibiscadelphus 14, 2003). ‘‘Hawaii 4—Isodendrion hosakae—f,’’ hualalaiensis—a currently is occupied. This unit is We are designating one critical habitat Hawaii 21—Ischaemum byrone—a and essential to the conservation of I. unit for Hibiscadelphus hualalaiensis, a Hawaii 22—Ischaemum byrone—b hosakae because it supports an extant long-lived perennial. This unit contains We are designating two critical habitat colony of this species and includes Puu Iki and Puuwaawaa summits and is units for Ischaemum byrone, a short- habitat that is important for the completely within the Kiholo lived perennial. They contain habitat expansion of the present population, watershed. The unit provides habitat for features that are essential for this which is currently considered 8 populations, each with 100 mature, species including, but not limited to, nonviable. The five unoccupied units reproducing individuals of H. coastal wet to dry shrubland, near the are essential to the conservation of the hualalaiensis, and is currently occupied ocean, among rocks or on pahoehoe lava species because they support habitat by 12 individuals. It contains habitat in cracks and holes. Each unit is that is necessary for the establishment of features that are essential for this geographically separated from other additional populations in order to reach species including, but not limited to, critical habitat for this multi-island recovery goals. They contain habitat dry mesic to dry Metrosideros forest on species in order to reduce the likelihood features that are essential for this rocky substrate in deep soils. This unit of all recovery populations on the island species including, but not limited to, is essential to the conservation of H. being destroyed by one naturally cinder cones with montane dry hualalaiensis because it supports an occurring catastrophic event. We shrubland. Each unit is geographically extant colony of this species and previously designated critical habitat for separated from other critical habitat for includes habitat that is important for the three populations of this species on this island-endemic species in order to expansion of the present population, Kauai (68 FR 9116, February 27, 2003), reduce the likelihood of all recovery which is currently considered for two populations on Molokai (67 FR populations being destroyed by one nonviable. This unit provides enough 16492, March 19, 2003), and for two naturally occurring catastrophic event. space within the historical range of this populations on Maui (68 FR 25934, May Within the six units, habitat is provided island-endemic species for the 14, 2003). Within the two units we are on the island of Hawaii for a total of six geographic separation of the eight designating for I. byrone on the island populations of I. hosakae, each with 300 populations to reduce the likelihood of of Hawaii in this rule, habitat is mature, reproducing individuals. There all recovery populations being provided for a total of three populations, also is habitat for two other populations destroyed by one naturally occurring each with 300 mature, reproducing on lands in PTA that we excluded from catastrophic event. No other critical individuals. designation in this final rule (see

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‘‘Analysis of Impacts Under Section Hawaii 24—Melicope zahlbruckneri—a conservation of the species because it 4(b)(2)’’). and Hawaii 26—Melicope supports habitat that is necessary for the Hawaii 4—Isodendrion hosakae—a: zahlbruckneri—b establishment of additional populations This unit contains most of Puu Pa We are designating two critical habitat in order to reach recovery goals. It cinder cone and lies in the Pohakuloa units for M. zahlbruckneri, a long-lived contains habitat features that are essential for this species including, but watershed in the southwest and in the perennial. They contain habitat features not limited to, open Metrosideros Waikoloa/Waiulaula watershed in the that are essential for this species polymorpha-Sophora chrysophylla northeast. including, but not limited to, Acacia dominated lowlands, montane dry Hawaii 4—Isodendrion hosakae—b: koa-Metrosideros polymorpha forests, and Metrosideros-shrub This unit contains most of the dominated montane mesic forest. woodland. Each unit is geographically Holoholoku cinder cone and lies Although we do not believe enough separated from other critical habitat for completely within the Pohakuloa habitat currently exists to reach the this island-endemic species within its watershed. recovery goal of 8 to 10 populations for historical range in order to reduce the this island-endemic species, the two Hawaii 4—Isodendrion hosakae—c: likelihood of all recovery populations This unit contains most of the Puu designated units identify habitat for being destroyed by one naturally Makahalau cinder cone and lies recovery populations that is occurring catastrophic event. The two completely within the Waipunahoe geographically separated to reduce the units for this species that we are watershed. likelihood of all recovery populations designating on the island of Hawaii Hawaii 4—Isodendrion hosakae—d: being destroyed by one naturally provide for habitat for a total of four This unit contains most of the Puu Io occurring catastrophic event. The two populations, each with 300 mature, and Puu Kekuakahea cinder cones and critical habitat units designated for this reproducing individuals of the N. ovata. lies completely in the Waipunahoe species provide habitat for a total of Habitat is also provided for four watershed. three populations, each with 100 populations on lands at the PTA that we mature, reproducing individuals of M. Hawaii 4—Isodendrion hosakae—e: are excluding from designation (see zahlbruckneri. This unit contains most of the Heihei ‘‘Analysis of Impacts Under 4(b)(2)’’). Hawaii 24—Melicope zahlbruckneri— cinder cone and lies completely within Hawaii 10—Neraudia ovata—a: This a: This unit is just north of Uwewale the Pohakuloa watershed. unit contains no named natural features gulch, it is completely within the Pahala and lies completely within the Kiholo Hawaii 4—Isodendrion hosakae—f: watershed, and is within the Kau Forest watershed. This unit, plus the excluded This unit contains upper portions of an Reserve; provides habitat for 1 Kamehameha Schools land (see unnamed cinder cone in the Pohakuloa population of 100 individuals of M. ‘‘Analysis of Impacts Under 4(b)(2)’’), watershed. The unit is currently zahlbruckneri; and is currently provides habitat for 2 populations of occupied by 8 individuals of I. hosakae. unoccupied. This unit is essential to the 300 mature, reproducing individuals of Hawaii 19—Mariscus fauriei—a conservation of the species because it the N. ovata and is currently supports habitat that is necessary for the unoccupied. This unit provides the We are designating one critical habitat establishment of additional populations northernmost critical habitat within the unit for Mariscus fauriei, a short-lived in order to reach recovery goals. species’ historical range. perennial. This unit contains a portion Hawaii 26—Melicope zahlbruckneri—b Hawaii 18—Neraudia ovata—d: This of Kipuka Puu Kou and lies completely unit contains no named natural features within the South Point watershed. The This unit contains portions of Kipuka and is completely within the Kauna unit provides habitat for 1 population of Puaulu and Kipuka Ki and lies watershed. This unit provides habitat 300 mature, reproducing individuals of completely within the Kapapala for 2 populations of 300 individuals of M. fauriei and is currently occupied by watershed and within HVNP. The unit N. ovata and is currently occupied by 12 individuals. It contains habitat provides habitat for 2 populations of one individual. The unit provides the features that are essential for this 100 individuals of M. zahlbruckneri and southernmost critical habitat within the species including, but not limited to, is currently occupied by 31 to 36 species’ historical range. Diospyros sandwicensis-Metrosideros individuals. This unit is essential to the polymorpha-Sapindus saponaria conservation of M. zahlbruckneri Hawaii 5—Nothocestrum breviflorum— dominated lowland dry forests, often on because it supports an extant colony of a through Hawaii 10—Nothocestrum a lava substrate. This unit is essential to this species and includes habitat that is breviflorum—c the conservation of M. fauriei because it important for the expansion of the We are designating three critical supports an extant colony of this species present population, which is currently habitat units for Nothocestrum and includes habitat that is important considered nonviable. breviflorum, a long-lived perennial. Two for the expansion of the present of the units are currently occupied. population, which is currently Hawaii 10—Neraudia ovata—a through They contain habitat features that are considered nonviable. This unit Hawaii 18—Neraudia ovata—d essential for this species including, but provides the southeasternmost critical We are designating two critical habitat not limited to, lowland and montane habitat within the species’ historical units for Neraudia ovata, a short-lived dry forest, and montane mesic forest range. This unit is geographically perennial. One of the units, ‘‘Hawaii dominated by Metrosideros separated from other critical habitat for 18—Neraudia ovata—d,’’ currently is polymorpha, Acacia koa, and/or this multi-island species within its occupied. This unit is essential to the Diospyros sandwicensis on aa lava historical range in order to reduce the conservation of N. ovata because it substrates. Each unit is geographically likelihood of all recovery populations supports an extant colony of this species separated from other critical habitat for being destroyed by one naturally and includes habitat that is important this island-endemic species within its occurring catastrophic event. We for the expansion of the present historical range in order to reduce the previously designated critical habitat for population, which is currently likelihood of all recovery populations seven populations of M. fauriei on considered nonviable. The remaining being destroyed by one naturally Molokai (67 FR 16492, March 19, 2003). unoccupied unit is essential to the occurring catastrophic event. The three

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units we are designating for this species Hawaii 1—Phyllostegia racemosa—a Hawaii 30—Phyllostegia racemosa— on the island of Hawaii provide habitat through Hawaii 30—Phyllostegia c: This unit contains no named natural to support a total of nine populations of racemosa—c features and is completely within the N. breviflorum, each with 100 mature, We are designating three critical Kaahakini watershed. This unit also lies reproducing individuals. habitat units for Phyllostegia racemosa, completely within Olaa-Kilauea Partnership lands. The unit provides, in Hawaii 5—Nothocestrum a short-lived perennial. Two of the combination with the adjacent excluded breviflorum—a: This unit is the ridge units, ‘‘Hawaii 1—Phyllostegia Kamehameha Schools lands (see adjacent to Laupahoehoe Iki Cape racemosa—a’’ and Hawaii 2— ‘‘Analysis of Impacts Under 4(b)(2)’’), between Waimanu Valley and Kaimu Phyllostegia racemosa—b,’’ are currently occupied. This unit is habitat for 5 populations of 300 mature, Stream, bordered on the west by Kamu reproducing individuals of the short- watershed, on the east by Waimanu essential to the conservation of P. racemosa because it supports an extant lived perennial P. racemosa and is watershed, with the Pae watershed in currently unoccupied. between. The unit lies in the Kohala colony of this species and includes Forest Reserve in the west and the habitat that is important for the Hawaii 24—Phyllostegia velutina—a Waimanu Estuarine Research Reserve in expansion of the present population, and Hawaii 30—Phyllostegia velutina— the east. This unit provides habitat for which is currently considered b 3 populations of 100 individuals of N. nonviable. The unoccupied unit, We are designating two critical habitat breviflorum and is currently ‘‘Hawaii 30—Phyllostegia racemosa— units for Phyllostegia velutina, a short- unoccupied. This unit is essential to the c,’’ is essential to the conservation of P. lived perennial. Both units are currently conservation of the species because it racemosa because it supports an extant occupied. They contain habitat features supports habitat that is necessary for the colony of this species (12 individuals on that are essential for this species establishment of additional populations the adjacent excluded Kamehameha including, but not limited to, in order to reach recovery goals. This Schools lands) and includes habitat that Metrosideros polymorpha-Acacia koa unit provides the easternmost critical is important for the expansion of the dominated montane mesic and wet present population, which is currently habitat within the species’ historical forests. Each unit is geographically considered nonviable. These units range. separated from other critical habitat for contain habitat features that are this island-endemic species within its Hawaii 6—Nothocestrum essential for this species including, but historical range in order to reduce the breviflorum—b: This unit contains not limited to, Acacia koa, Metrosideros likelihood of all recovery populations portions of Kalaikaula, Kamoloumi, polymorpha, and Cibotium dominated being destroyed by one naturally Kolealiilii, Nakooko, Ohiahuea, Oniu, montane mesic or wet forests. Each unit occurring catastrophic event. The units and Waiapuka streams, and Paohia is geographically separated from other we are designating for this species on Gulch. It is bordered by the Honokea critical habitat for this island-endemic the island of Hawaii provide habitat to watershed in the west, the Waikaloa species within its historical range in support a total of 10 populations of P. watershed in the east. It contains order to reduce the likelihood of all velutina, each with 300 mature, portions of the Honopue, Kalikaula, recovery populations being destroyed by reproducing individuals. Kolealiilii, Nakookoo, Ohiahuea, and one naturally occurring catastrophic Hawaii 24—Phyllostegia velutina—a: Waiapuka watersheds. The unit lies event. The three units being designated This unit contains a portion of Uwewale completely within the Kohala Forest for this species on the island of Hawaii and Waihaka gulches and is completely Reserve; provides habitat for 1 provide for a total of 10 populations, within the Pahala watershed. The unit population of 100 individuals of N. each with 300 mature, reproducing also lies completely within the Kau breviflorum; and is currently occupied individuals. Forest Reserve; provides habitat for 4 by 6 individuals. This unit is essential Hawaii 1—Phyllostegia racemosa—a: populations of 300 individuals of P. to the conservation of N. breviflorum This unit contains Puu Akala and velutina; and is currently occupied by because it supports an extant colony of portions of Awehi, Honoliii, and Kapue an unknown number of individuals. this species and includes habitat that is streams. It is bordered by the Kolekole This unit is essential to the conservation important for the expansion of the watershed in the north and Wailuku of P. velutina because it supports an present population, which is currently watershed in the south, with Honolii extant colony of this species and considered nonviable. This unit and Kapue watersheds in the central includes habitat that is important for the provides the northernmost critical portion. The unit is completely within expansion of the present population. habitat within the species’ historical Hakalau Forest NWR; provides habitat Hawaii 30—Phyllostegia velutina—b: range. for 3 populations, each with 300 This unit contains the northeastern individuals of P. racemosa; and is portion of Kulani summit and lies Hawaii 10—Nothocestrum currently occupied by 2 individuals. completely within the Kaahakini breviflorum—c: This unit contains Hawaii 2—Phyllostegia racemosa—b: watershed. The unit also lies completely Poohohoo summit and is completely This unit contains a portion of Nauhi within Olaa-Kilauea partnership lands. within the Kiholo watershed. This unit Gulch, and the northern portion is in In combination with the adjacent provides habitat for 5 populations of the Haakoa watershed, the southern excluded Kamehameha Schools lands 100 individuals of N. breviflorum and is portion in the Umauma watershed, and (see ‘‘Analysis of Impacts Under currently occupied by more than 165 the central portion in the Waikaumalo 4(b)(2)’’), this unit provides habitat for individuals. This unit is essential to the watershed. The northern and southern 6 populations of 300 individuals of P. conservation of N. breviflorum because portions of this unit lie partly within racemosa and is currently occupied by it supports an extant colony of this Hakalau Forest NWR, and the central 6 individuals (there also is 1 individual species and includes habitat that is portion lies in the Hilo Forest Reserve. in the excluded adjacent lands). This important for the expansion of the This unit provides habitat for 2 unit is essential to the conservation of present population. The unit provides populations of 300 individuals of P. P. velutina because it supports an extant the southwesternmost critical habitat racemosa and is currently occupied by colony of this species and includes within the species’ historical range. 31 to 41 individuals. habitat that is important for the

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expansion of the present population, currently occupied by the species. They Hawaii 7—Pleomele hawaiiensis—a which is currently considered contain habitat features that are through Hawaii 23—Pleomele nonviable. essential for this species including, but hawaiiensis—d Hawaii 3—Phyllostegia warshaueri—a not limited to, montane wet sedge land We are designating 4 critical habitat and Hawaii 8—Phyllostegia with mixed sedges and grasses, montane units for Pleomele hawaiiensis, a long- warshaueri—b mesic forest, dry subalpine woodland, lived perennial. All of the units are or Metrosideros and native shrub. Each We are designating two critical habitat currently occupied by individuals of unit is geographically separated from this species. They contain habitat units for Phyllostegia warshaueri, a other critical habitat for this island- short-lived perennial. Both units are features that are essential for this endemic species within its historical species including, but not limited to, occupied. They contain habitat features range in order to reduce the likelihood that are essential for this species open aa lava in diverse lowland dry of all recovery populations being forests and Metrosideros-Diospyros including, but not limited to, destroyed by one naturally occurring Metrosideros polymorpha and Cibotium lowland dry forest. Each unit is catastrophic event. The three units we essential to the conservation of P. montane and lowland wet forest in are designating for this species on the which Acacia koa or Cheirodendron hawaiiensis because it supports an island of Hawaii provide habitat for a trigynum may co-dominate. Each unit is extant colony of this species and total of 10 populations, each with 300 essential to the conservation of P. includes habitat that is important for the mature, reproducing individuals. warshaueri because it supports an expansion of the present population, extant colony of this species and Hawaii 24—Plantago hawaiensis—a: which is currently considered includes habitat that is important for the This unit contains no named natural nonviable. Each unit is geographically expansion of the present population, features; the northern portion is in the separated from other critical habitat for which is currently considered Kapapala watershed, and the southern this island-endemic species within its nonviable. The units are geographically portion is in the Pahala watershed, and historical range in order to reduce the separated for this island-endemic the unit is completely within the likelihood of all recovery populations species within its historical range in Kapapala Forest Reserve; provides being destroyed by one naturally order to reduce the likelihood of all habitat for 3 populations of 300 occurring catastrophic event. The four recovery populations being destroyed by individuals of P. hawaiensis; and is units we are designating for this species one naturally occurring catastrophic currently occupied by 5,000 on the island of Hawaii provide habitat event. The two unit being designated for individuals. This unit is essential to the to support a total of nine populations, this species on the island of Hawaii conservation of P. hawaiensis because it each with 100 mature, reproducing provide habitat for a total of 10 supports an extant colony of this species individuals. Kamehameha Schools land populations, each with 300 mature, and includes habitat that is important that we are excluding from this reproducing individuals. for the expansion of the present designation of critical habitat provides Hawaii 3—Phyllostegia warshaueri— population. This unit provides the habitat for one additional population a: This unit contains portions of Haakoa, southwesternmost critical habitat within (see ‘‘Analysis of Impacts Under Kilau, and Kawilahilahi streams and is the species’ historical range. 4(b)(2)’’). bordered in the northwest by the Hawaii 7—Pleomele hawaiiensis—a: Hawaii 25—Plantago hawaiensis—b: This unit contains Kupenau summit and Kaiwiki and Kaula watersheds, in the This unit contains a portion of Kipuka southeast by the Maulua watershed, and the ridges around Pololu Valley, and is Kulalio, it is completely within the in the Pololu watershed in the west and has portions of the Haakoa, Kaawali, Kapapala watershed. This unit is Kaiwilahilahi, Kilau, Laupahoehoe, Honokane Nui watershed in the east. completely within HVNP; provides The west side of the unit is in the Manowaiopae, and Pahala watersheds habitat for 4 populations of 300 in the central portion. This unit Kohala Forest Reserve. This unit individuals of P. hawaiensis; and is provides habitat for 1 population of 100 contains a portion of Hilo Forest currently occupied by more than 630 Reserve, Manowaialee Forest Reserve, individuals of P. hawaiiensis and is individuals. This unit is essential to the currently occupied by 21 to 31 and Laupahoehoe NAR. The unit conservation of P. hawaiensis because it provides habitat for 7 populations of individuals. This unit provides the supports an extant colony of this species northernmost critical habitat within the 300 individuals each of P. warshaueri and includes habitat that is important and is currently occupied by 13 species’ historical range. for the expansion of the present Hawaii 10—Pleomele hawaiiensis—b: individuals. population. Hawaii 8—Phyllostegia warshaueri— This unit contains no named natural b: This unit contains Kaiholena summit Hawaii 30—Plantago hawaiensis—c: features and is entirely in the Kiholo and Puu Ohu, and the northern portion This unit contains no named natural watershed. The unit provides habitat for is in the Wailoa/Waipio watershed, with features and is mostly in the Wailoa 1 population of 100 individuals of P. the southern portion in the Waikoloa/ watershed, but it is bordered in the hawaiiensis and is currently occupied Waiulaula watershed. The unit is south by the Kaahakini watershed. This by 50 to 100 individuals. completely within the Kohala Forest unit is completely within Olaa-Kilauea Hawaii 18—Pleomele hawaiiensis—c: Reserve; provides habitat for 3 Partnership lands. The unit provides This unit contains no named natural populations of 300 individuals of P. habitat for 3 populations of 300 features and is mostly in the Kauna warshaueri; and is currently occupied individuals of P. hawaiensis and is watershed with a small portion on the by 1 individual. currently occupied by 50 to 100 southwest side in the Kiilae watershed. individuals. This unit is essential to the The unit is completely within Manuka Hawaii 24—Plantago hawaiensis—a conservation of P. hawaiensis because it NAR; provides habitat for 2 populations through Hawaii 30—Plantago supports an extant colony of this species of 100 individuals of P. hawaiiensis; hawaiensis—c and includes habitat that is important and is currently occupied by 5 We are designating three critical for the expansion of the present individuals. This unit provides the habitat units for Plantago hawaiensis, a population, which is currently southernmost critical habitat within the short-lived perennial. All three units are considered nonviable. species’ historical range.

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Hawaii 23—Pleomele hawaiiensis—d: habitat that is important for the the present population, which is This unit contains the Hilina Pali, Holei expansion of the present population, currently considered nonviable. This Pali, Makahanu Pali, Poliokeawe Pali, which is currently considered unit is of an appropriate size so that Puueo Pali, the Keana Bihopa summit, nonviable. They contain habitat features each potential recovery population and portions of Kipuka Kaena Bihopa, that are essential for this species within the unit is separated enough to Kipuka Papalinamoku, and Kipuka including, but not limited to, dry avoid their destruction by one naturally Pepeiau. It is in the Kapala watershed in Metrosideros polymorpha forest with occurring catastrophic event. Beyond the west and the Kilauea watershed in mixed native grasses, Scaevola taccada the 10 populations provided for in this the east and lies completely within coastal dry shrubland on windswept unit, no other critical habitat is slopes, and weathered basaltic slopes. HVNP. This unit provides habitat for 5 designated for this species. populations of 100 individuals of P. Each unit is geographically separated hawaiiensis and currently is occupied from other critical habitat for this multi- Hawaii 25—Silene hawaiiensis—a and by 9 to 10 individuals. This unit island species within its historical range Hawaii 27—Silene hawaiiensis—b provides the easternmost critical habitat in order to reduce the likelihood of all within the species’ historical range. recovery populations being destroyed by We are designating two critical habitat one naturally occurring catastrophic units for Silene hawaiiensis, a short- Hawaii 27—Portulaca sclerocarpa—a event. We previously designated critical lived perennial. Both units are currently We are designating one critical habitat habitat for one population of S. occupied by individuals of this species. unit for Portulaca sclerocarpa, a short- tomentosa on Nihoa, one population on These units contain habitat features that lived perennial. This contains the Necker (68 FR 28054, May 22, 2003), are essential for this species including, Keanakakoi, Kokoolau, and Puhimau two populations on Kauai (68 FR 9116, but not limited to, montane and craters; Lele o Kalihipaa Pali; and a February 27, 2003), two populations on subalpine dry shrubland on weathered portion of the lava flow of 1921. The Oahu (68 FR 35949, June 17, 2003), two lava, on variously aged lava flows, and unit lies completely within HVNP; populations on Molokai (68 FR 12982, cinder substrates. Each unit is essential provides habitat for 5 populations of March 19, 2003), and two populations to the conservation of S. hawaiiensis 300 individuals of the P. sclerocarpa; on Maui (68 FR 25934, May 14, 2003). because it supports an extant colony of and is currently occupied by more than Hawaii 20—Sesbania tomentosa—a: this species and includes habitat that is 900 individuals. It contains habitat This unit contains the area inland of features that are essential for this Waiwelawela Point, all of Halemaoli important for the expansion of the species including, but not limited to, Point and it lies entirely in the Pahala present population. Each unit provides weathered Mauna Kea soils, cinder watershed. The unit also lies completely habitat for a population that is cones, or geologically young lavas in within HVNP; provides habitat for 1 geographically separated from other montane dry shrubland, often on bare population of 300 individuals; and is recovery populations of this island- cinder, near steam vents, and in open currently occupied by 10 to 15 endemic species within its historical Metrosideros polymorpha dominated individuals. This unit provides the range in order to reduce the likelihood woodlands. This unit is essential to the southernmost critical habitat within the of all recovery populations being conservation of P. sclerocarpa because it species’ historical range. destroyed by one naturally occurring supports an extant colony of this species Hawaii 23—Sesbania tomentosa—b: catastrophic event. The two units we are and includes habitat that is important This unit contains Kipuka Nene, is designating for S. hawaiiensis in this for the expansion of the present entirely in the Kapapala watershed, and rule provide habitat for a total of three population. This unit provides the lies completely within HVNP. The unit populations, each with 300 mature, southeasternmost critical habitat within provides habitat for 1 population of 300 reproducing individuals. The excluded the species’ historical range. This unit is individuals of S. tomentosa; and is lands at PTA provide habitat for seven geographically separated from other currently occupied by 50 to 65 additional populations (see ‘‘Analysis of critical habitat for this multi-island individuals. This unit provides the Impacts Under 4(b)(2)’’). species within its historical range in easternmost critical habitat within the order to reduce the likelihood of all species’ historical range. Hawaii 25—Silene hawaiiensis—a: recovery populations being destroyed by This unit contains a portion of Kipuka Hawaii 30—Sicyos alba—a one naturally occurring catastrophic Kulalio, it is completely within the event. We designated critical habitat for We are designating one critical habitat Kapapala watershed, and it lies one population of P. sclerocarpa on unit for Sicyos alba, a short-lived completely within HVNP. The unit Lanai (68 FR 1220, January 9, 2003). The perennial. This unit contains Puu provides habitat for 1 population of 300 inland habitat of populations on the Makaala and is entirely in the Kaahakini individuals of S. hawaiiensis, and is island of Hawaii differs from the coastal watershed. This unit lies within HVNP, currently occupied by about 1,800 habitat provided for on Lanai. Land on Puu Makaala Natural Area Reserve, and individuals. Olaa-Kilauea Partnership lands. The the PTA that was excluded from Hawaii 27—Silene hawaiiensis—b: designation in this rule provides habitat unit provides habitat for 10 populations This unit contains Uwekahuna Bluff; for four additional populations (see of 300 mature, reproducing individuals portions of the lava flows of 1919, 1921, ‘‘Analysis of Impacts Under 4(b)(2)’’). of the S. alba and is currently occupied by 4 individuals. This unit contains and 1961; a portion of Kilauea Crater; Hawaii 20—Sesbania tomentosa—a and habitat features that are essential for this and all of Halemaumau Crater. The unit Hawaii 23—Sesbania tomentosa—b species including, but not limited to, is entirely in the Kapapala watershed We are designating two units of Metrosideros polymorpha-Cibotium and lies completely within HVNP. This critical habitat for Sesbania tomentosa, glaucum dominated montane wet unit provides habitat for 2 populations a short-lived perennial. Both units are forests. This unit is essential to the of 300 individuals of S. hawaiiensis and occupied by this species. Each unit is conservation of S. alba because it is currently occupied by 3,851 to 3,951 essential to the conservation of S. supports an extant colony of this island- individuals. This unit provides the tomentosa because it supports an extant endemic species and includes habitat southeasternmost critical habitat within colony of this species and includes that is important for the expansion of the species’ historical range.

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Hawaii 10—Solanum incompletum—a establishment of additional populations unit is of an appropriate size so that and Hawaii 11—Solanum in order to reach recovery goals. These each of the seven potential recovery incompletum—b units contain habitat features that are populations within the unit is We are designating two critical habitat essential for this species including, but geographically separated enough to units for Solanum incompletum, a not limited to, Dodonaea viscosa avoid their destruction by one naturally short-lived perennial. Both units lowland dry shrubland. Each unit is occurring catastrophic event. No other currently are unoccupied by this geographically separated from other critical habitat for this species is species. Each unit is essential to the critical habitat for this multi-island designated on the island of Hawaii. species in order to reduce the likelihood conservation of the species because it of all recovery populations being Effects of Critical Habitat Designation supports habitat that is necessary for the destroyed by one naturally occurring establishment of additional populations Section 7 Consultation catastrophic event. We previously in order to reach recovery goals. These Section 7(a) of the Act requires designated critical habitat for three units contain habitat features that are Federal agencies, including the Service, populations of V. o-wahuensis on Oahu essential for this species including, but to ensure that actions they fund, (68 FR 35949, June 17, 2003), and for not limited to, dry to mesic forest, authorize, or carry out are not likely to one population on Maui (68 FR 25934, diverse mesic forest, and subalpine destroy or adversely modify critical May 14, 2003). The four units for V. o- forest. Each unit is geographically habitat. If a Federal action may affect a wahuensis that we are designating in listed species or its critical habitat, the separated from other critical habitat for this rule provide habitat for a total of responsible Federal action agency must this multi-island species within its four populations. historical range in order to reduce the Hawaii 4—Vigna o-wahuensis—a: enter into consultation with us. Section likelihood of all recovery populations This unit contains most of Puu Pa 7(a)(4) of the Act requires Federal being destroyed by one naturally cinder cone and lies in the Pohakuloa agencies (action agency) to confer with occurring catastrophic event. The two watershed in the southwest and in the us on any action that is likely to units we are designating for S. Waikoloa/Waiulaula watershed in the jeopardize the continued existence of a incompletum in this rule provide northeast. species proposed for listing or result in habitat for a total of four populations, Hawaii 4—Vigna o-wahuensis—b: the destruction or adverse modification each with 300 mature, reproducing This unit contains most of the of proposed critical habitat. Destruction individuals. Lands at the PTA that we Holoholoku cinder cone and lies or adverse modification of critical are excluding from designation in this completely within the Pohakuloa habitat occurs when a Federal action rule provide habitat for five additional watershed. This unit provides the directly or indirectly alters critical populations (see ‘‘Analysis of Impacts easternmost critical habitat within the habitat to the extent that it appreciably Under 4(b)(2)’’). In addition, habitat for species’ historical range. diminishes the value of critical habitat one population of S. incompletum is in Hawaii 4—Vigna o-wahuensis—c: for the conservation of the species. the area we excluded from critical This unit contains the upper portions of Individuals, organizations, States, local habitat designations on Lanai (68 FR an unnamed cinder cone in the governments, and other non-Federal 1220, January 9, 2003). Pohakuloa watershed. This unit entities are directly affected by the Hawaii 10—Solanum incompletum— provides the southernmost critical designation of critical habitat only if a: This unit contains no named natural habitat within the species’ historical their actions occur on Federal lands; features, it is entirely in the Kiholo range. require a Federal permit, license, or watershed, and is completely within the other authorization; or involve Federal Hawaii 10—Zanthoxylum dipetalum Puuwaawaaa Wildlife Sanctuary; funding. ssp. tomentosum—a provides habitat for 3 populations of Regulations at 50 CFR 402.16 require 300 individuals of S. incompletum; and We are designating one critical habitat Federal agencies to reinitiate is currently unoccupied. unit for Zanthoxylum dipetalum ssp. consultation on previously reviewed Hawaii 11—Solanum incompletum— tomentosum, a long-lived perennial. actions under certain circumstances, b: This unit contains no named natural The unit contains Puu Ike, Puu Paha, including instances where critical features, it is entirely in the Waiaha and Puuwaawaa and is in the Kiholo habitat is subsequently designated and watershed, and is completely within the watershed. This unit provides habitat the Federal agency has retained Honuaulu Forest Reserve; provides for 7 populations of 100 mature, discretionary involvement, or control habitat for 1 population of 300 reproducing individuals of the Z. has been retained or is authorized by individuals of S. incompletum; and is dipetalum ssp. tomentosum and is law. Consequently, some Federal currently unoccupied. This unit currently occupied by 8 to 10 agencies may request reinitiation of provides the southernmost critical individuals. It contains habitat features consultation or conferencing with us on habitat within the species’ historical that are essential for this species actions for which formal consultation range. including, but not limited to, has been completed, if those actions Metrosideros polymorpha dominated may affect designated critical habitat or Hawaii 4—Vigna o-wahuensis—a montane mesic forest, often on aa lava. adversely modify or destroy proposed through Hawaii 4—Vigna o- This unit is essential to the conservation critical habitat. wahuensis—c of Z. dipetalum ssp. tomentosum If we issue a biological opinion We are designating three critical because it supports an extant colony of concluding that a project is likely to habitat units for Vigna o-wahuensis, a this island-endemic species and result in the destruction or adverse short-lived perennial. None of the units includes habitat that is important for the modification of critical habitat, we also is currently occupied. Each unit expansion of the present population, provide ‘‘reasonable and prudent provides habitat for 1 population of 300 which is currently considered alternatives’’ to the project, if any are mature, reproducing individuals of V. o- nonviable. Although we do not believe identifiable. Reasonable and prudent wahuensis. Each unit is essential to the enough habitat currently exists to reach alternatives are defined at 50 CFR conservation of the species because it the recovery goal of 8 to 10 populations 402.02 as alternative actions identified supports habitat that is necessary for the for this island-endemic species, this during consultation that can be

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implemented in a manner consistent introducing or enabling the spread of We consider a plan adequate when it: with the intended purpose of the action, nonnative species; and taking actions (1) Provides a conservation benefit to that are consistent with the scope of the that pose a risk of fire; the species (i.e., the plan must maintain Federal agency’s legal authority and (2) Activities that alter watershed or provide for an increase in the species’ jurisdiction, that are economically and characteristics in ways that would population or the enhancement or technologically feasible, and that the appreciably reduce groundwater restoration of its habitat within the area Director believes would avoid recharge or alter natural, dynamic covered by the plan); (2) provides destruction or adverse modification of wetland or other vegetative assurances that the management plan critical habitat. Reasonable and prudent communities. Such activities may will be implemented (i.e., those alternatives can vary from slight project include water diversion or responsible for implementing the plan modifications to extensive redesign or impoundment, excess groundwater are capable of accomplishing the relocation of the project. pumping, manipulation of vegetation objectives, have an implementation Activities on Federal lands that may such as timber harvesting, residential schedule, and have adequate funding for affect critical habitat of one or more of and commercial development, and the management plan); and, (3) provides the 41 plant species from the island of grazing of livestock that degrades assurances that the conservation plan Hawaii will require section 7 watershed values; will be effective (i.e., it identifies consultation. Activities on private or (3) Rural residential construction that biological goals, has provisions for State lands requiring a permit from a includes concrete pads for foundations reporting progress, and lasts for a Federal agency, such as a permit from and the installation of septic systems in duration sufficient to implement the the U.S. Army Corps of Engineers wetlands where a permit under section plan and achieve the plan’s goals and (Corps) under section 404 of the Clean 404 of the Clean Water Act would be objectives). If an area is covered by a Water Act (33 U.S.C. 1344 et seq.), the required by the Corps; plan that meets these criteria, it does not Department of Housing and Urban (4) Recreational activities that constitute critical habitat as defined by Development, or a section 10(a)(1)(B) appreciably degrade vegetation; the Act because the primary constituent permit from us; or some other Federal (5) Mining of sand or other minerals; elements found there are not in need of action, including funding (e.g., from the (6) Introducing or encouraging the special management or protection. Federal Highway Administration, spread of nonnative plant species into Currently occupied and historically Federal Aviation Administration (FAA), critical habitat units; and known sites containing one or more of Federal Emergency Management Agency (7) Importation of nonnative species the primary constituent elements (FEMA), Environmental Protection for research, agriculture, and considered essential to the conservation Agency (EPA), or Department of aquaculture, and the release of of these 47 plant species were examined Energy); regulation of airport biological control agents that would to determine the adequacy of special improvement activities by the FAA; and have unanticipated effects on the listed management considerations or construction of communication sites species and the primary constituent protection and, consequently, whether licensed by the Federal elements of their habitats. such areas meet the definition of critical Communications Commission (FCC) If you have questions regarding habitat under section 3(5)(A). We may also be subject to the section 7 whether specific activities will likely reviewed all available management consultation process. Federal actions constitute adverse modification of information on these plants at these not affecting critical habitat and actions critical habitat, contact the Field sites, including published reports and on non-Federal lands that are not Supervisor, Pacific Islands Ecological surveys, annual performance and federally funded, authorized, or Services Field Office (see ADDRESSES progress reports, management plans, permitted would not require section 7 section). Requests for copies of the grants, memoranda of understanding consultation as a result of this rule regulations on listed plants and animals, and cooperative agreements, DOFAW designating critical habitat. and inquiries about prohibitions and planning documents, internal letters Section 4(b)(8) of the Act requires us permits may be addressed to the U.S. and memos, biological assessments and to briefly describe and evaluate in any Fish and Wildlife Service, Branch of environmental impact statements, and proposed or final regulation that Endangered Species/Permits, 911 N.E. section 7 consultations. We reviewed all designates critical habitat those 11th Ave., Portland, OR 97232–4181 biological information received during activities involving a Federal action that (telephone 503/231–2063; facsimile the public comment periods, public may adversely modify such habitat or 503/231–6243). meeting, and public hearing. When that may be affected by such clarification was required on the Analysis of Managed Lands Under designation. We note that such activities information provided to us, we followed Section 3(5)(A) may also jeopardize the continued up by telephone. We also met with staff existence of the species. The need for ‘‘special management from the Hawaii District DOFAW office Activities that, when carried out, considerations or protections’’ of the to discuss management activities they funded, or authorized by a Federal essential habitat features (primary are conducting on the island of Hawaii. agency, may directly or indirectly constituent elements) included in a In determining whether a destroy or adversely modify critical designation is required by the definition management plan or agreement provides habitat include, but are not limited to: of critical habitat in section 3(5)(A) of adequate management or protection, we (1) Activities that appreciably degrade the Act. If the primary constituent first consider whether that plan or destroy the primary constituent elements are being adequately managed, provides a conservation benefit to the elements including, but not limited to: then they do not need ‘‘special species. We considered the following Overgrazing; maintenance of feral management considerations or threats and associated recommended ungulates; clearing or cutting of native protections.’’ Adequate management or management actions: live trees and shrubs, whether by protection is provided by a legally (1) The factors that led to the listing burning or mechanical, chemical, or operative plan that addresses the of the species, as described in the final other means (e.g., woodcutting, maintenance and improvement of the rules for listing each of the species. bulldozing, construction, road building, essential elements and provides for the Effects of clearing and burning for mining, herbicide application); long-term conservation of the species. agricultural purposes and of invasive

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nonnative plant and animal species HPPRCC report to us, and in various the Service’s requirements for adequate have contributed to the decline of nearly other documents and publications management or protection. all endangered and threatened plants in relating to plant conservation in Hawaii (1) Plan Provides Conservation Benefit Hawaii (Cuddihy and Stone 1990; (Cuddihy and Stone 1990; Mueller- to the Species Howarth 1985; Loope 1998; Scott et al. Dombois 1985; Smith 1985; Stone 1985; 1986; Service 1994, 1995a, 1995b, Stone et al. 1992). The Sikes Act Improvements Act of 1996a, 1996b, 1996c, 1996d, 1997, In general, taking all of the above 1997 (Sikes Act) requires each military 1998a, 1998b, 1999; Smith 1985; Stone recommended management actions into installation that includes land and water 1985; Vitousek 1992; Wagner et al. account, the following management suitable for the conservation and 1985). actions are important in providing a management of natural resources Current threats to these species conservation benefit to the species: feral starting November 17, 2001 to complete include nonnative grass- and shrub- ungulate control; wildfire management; an Integrated Natural Resources carried wildfire; browsing, digging, nonnative plant control; rodent control; Management Plan (INRMP). An INRMP rooting, and trampling from feral invertebrate pest control; maintenance integrates implementation of the ungulates (including goats, cattle, and of genetic material of the endangered military mission of the installation with pigs); direct and indirect effects of and threatened plant species; stewardship of the natural resources nonnative plant invasions, including propagation, reintroduction, and found there. Each INRMP includes an alteration of habitat structure and augmentation of existing populations assessment of the ecological needs on the installation, including needs to microclimate; and disruption of into areas essential for the recovery of provide for the conservation of listed pollination and gene-flow processes by the species; ongoing management of the species; a statement of goals and adverse effects of mosquito-borne avian wild, outplanted, and augmented priorities; a detailed description of disease on forest bird pollinators, direct populations; maintenance of natural management actions to be implemented competition between native and pollinators and pollinating systems, to provide for these ecological needs; nonnative insect pollinators for food, when known; habitat management and and a monitoring and adaptive and predation of native insect restoration in areas essential for the management plan. Bases that have pollinators by nonnative hymenopteran recovery of the species; monitoring of completed and approved INRMPs that insects (ants). In addition, physiological the wild, outplanted, and augmented processes such as reproduction and adequately address the needs of the populations; rare plant surveys; and species may not meet the definition of establishment, continue to be negatively control of human activities/access affected by fruit- and flower-eating pests critical habitat discussed above, because (Service 1994, 1995a, 1995b, 1996a, such as nonnative arthropods, mollusks, they may not require special 1996b, 1996c, 1996d, 1997, 1998a, and , and photosynthesis and water management or protection. We would 1998b, 1999). On a case-by-case basis, transport are affected by nonnative not include these areas in critical these actions may rise to different levels insects, pathogens, and diseases. Many habitat designations if they meet the of importance for a particular species or of these factors interact with one following three criteria: (1) A current area, depending on the biological and another, thereby compounding effects. INRMP must be complete and provide a physical requirements of the species Such interactions include nonnative conservation benefit to the species, (2) and the location(s) of the individual plant invasions altering wildfire there must be assurances that the plants. regimes; feral ungulates carrying weeds conservation management strategies will and disturbing vegetation and soils, As shown in Table 2, the 47 species be implemented, and (3) there must be thereby facilitating dispersal and of plants are found on Federal, State, assurances that the conservation establishment of nonnative plants; and and private lands on the island of management strategies will be effective, numerous nonnative insect species Hawaii. Information received in by providing for periodic monitoring feeding on native plants, thereby response to our public notices; meetings and revisions as necessary. If all of these increasing their vulnerability and with Hawaii District DOFAW staff; the criteria are met, then the lands covered exposure to pathogens and disease May 28, 2002, proposal; public under the plan would not meet the (Bruegmann et al. 2001; Cuddihy and comment periods; and the October 29 definition of critical habitat because Stone 1990; D’Antonio and Vitousek and 30, 2002, public hearings; as well as special management is not needed. 1992; Howarth 1985; Mack 1992; Scott information in our files, indicated that Critical habitat was proposed at PTA et al. 1986; Service 1994, 1995a, 1995b, there is limited ongoing conservation for 10 of the 47 species addressed in this 1996a, 1996b, 1996c, 1996d, 1997, management action for these plants, rule (Asplenium fragile var. insulare, 1998a, 1998b, 1999; Smith 1985; except as noted below. Without Hedyotis coriacea, Neraudia ovata, Tunison et al. 1992); management plans and assurances that Portulaca sclerocarpa, Silene (2) The recommendations from the the plans will be implemented, we are hawaiiensis, Silene lanceolata, Solanum HPPRCC in its 1998 report to us unable to find that the lands in question incompletum, Spermolepis hawaiiensis, (‘‘Habitat Essential to the Recovery of do not require special management or Tetramolopium arenarium, and Hawaiian Plants’’). As summarized in protection. Zanthoxylum hawaiiense). Critical habitat was proposed for two additional this report, recovery goals for Lands Under U.S. Army Jurisdiction endangered Hawaiian plant species species (Isodendrion hosakae and Vigna cannot be achieved without the effective The Army has one installation under o-wahuensis) on lands the Army is in control of nonnative species threats, its jurisdiction on the island of Hawai: the process of acquiring. The Army has wildfire, and land use changes; and Pohakuloa Training Area (PTA). All of completed an INRMP (Army 2001) and (3) The management actions needed the PTA lands are administered by the an Ecosystem Management Plan (Army for assurance of survival and ultimate Army Garrison, Hawaii, for various 1998) for PTA. These plans encompass recovery of these plants. These actions types of routine military training. The management actions that will benefit are described in our recovery plans for following discussion analyzes current the 10 listed plant species for which these 47 species (Service 1994, 1995a, management plans for lands under U.S. critical habitat has been proposed on 1996a, 1996b, 1996c, 1997a, 1998a, Army jurisdiction on the island of current Army lands and they have 1998b, 1998c, 1999), in the 1998 Hawaii and assesses whether they meet written a letter committing to amend

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their INRMP to cover the 3 species on surveys to identify new populations of implemented, the INRMP provides lands the Army is in the process of threatened and endangered plant implementation schedules and acquiring as part of the Transformation species in previously unsurveyed areas identifies funding needs for each of the 2nd Brigade 25th Infantry and areas of suitable habitat; (2) installation through the year 2006, when Division (Transformation). They have a maintaining a GIS database updated the 5-year update is due. Examples of completed Wildland Fire Management with results of field surveys; (3) those programs identified for funding Plan (WFMP) for MMR (Army 2000). determining effects of military actions include the Ecosystem Management The goal of the WFMP is to reduce the on threatened and endangered plants Actions, Saddle Road Realignment threat of wildfire which adversely species through monitoring known Support, Biodiversity and Ecosystem affects threatened and endangered populations of threatened and Integrity, Pest Management, and species on PTA. The Army also endangered plant species; (4) evaluating Conservation Education and Outreach. provides summary reports regarding the and determining plant propagation The Army has committed to increased natural resources management projects needs and storage facilities; and (5) funding for their wildland fire program performed under the Ecosystems identifying research needs regarding to ensure proactive fire management Management Program for PTA (Evans pollination biology and establishment of that will benefit threatened and 1998; Evans 1999; Schnell 1998; Schnell a GIS database to store data to be used endangered plant species through 1999; Sherry 1999; RCUH 1997; RCUH to monitor threatened and endangered increased protection of habitat on their 1998; USAG–HI 2000). These reports plant species (Army 2001). lands. They have also committed to provide information on management In 1998 PTA constructed a continued funding of actions that actions which have been implemented. greenhouse with automatic climate benefit habitat restoration, species controls affected by temperature and The INRMP describes specific actions stabilization, and threat abatement wind speed. Adjacent to the greenhouse for PTA, including anticipated (Anderson, in litt. 2003). Apart from is a plant holding compound used to implementation schedules. It includes these specific efforts, however, the provide an opportunity for plants many ongoing and proposed actions Army has a statutory obligation to scheduled for outplanting to adapt to designed to address the variety of manage its lands in accordance with its conditions more similar to those they INRMP, and we have no reason to threats faced by these plant species at will encounter when they are moved to believe that this will not happen. appropriate scales: species-specific, completely natural environments. All 12 small areas, and installationwide. The of the listed species are being (3) Plan Provides Assurances That the list of ongoing and proposed actions propagated at the facility. More common Conservation Plan Will Be Effective detailed in the INRMP focuses native species are propagated for The plan does provide assurances that management activities into the areas of revegetation projects. In addition to the the conservation effort will be effective. wildfire management, nonmilitary propagation efforts, seeds are collected The Army will fund and engage in human land use, feral ungulate control, for storage at the National Seed Storage activities that have been demonstrated invasive plant control, and other Laboratory at Colorado State University. to benefit threatened and endangered nonnative species control. As an These seeds will be critical to species (e.g., ungulate and invasive example, some of the management restoration of listed species in the event weed control). In addition to the actions that address feral ungulate none remain in the wild. PTA staff extensive monitoring provisions control include: (1) The establishment periodically conduct germination tests contained in the INRMP and provided and evaluation of permanent ungulate on some of these seeds. by the reporting procedures, the Army monitoring programs; (2) maintaining Currently there are several fenced has agreed to amend its existing INRMP ungulate exclosure fencing; (3) using areas on PTA that are managed for to include additional management small-scale fencing to protect threatened and endangered plants. actions for listed plants and their habitat individuals and groupings of critically These include 755 ha (1,864 ac) of at PTA. Based upon this information, endangered plants; (4) removal of Kipuka Kalawamauna; 2,026 ha (5,004 activities will be revised to provide for ungulates from fenced areas; (5) ac) of Kipuka Alala; 202 ha (50 ac) of the optimum conservation benefit to the continuing semiannual aerial censuses Puu Kapele; and 14 ha (33 ac) of Silene listed plant species and their habitat of ungulates with support from the hawaiiensis habitat. Temporary (Col. David L. Anderson, Army, in litt. National Park Service; and (6) using emergency exclosures have been placed 2003). Thus, the Army will monitor the hunter-generated ungulate harvest data around individuals of Hedyotis effectiveness of its management actions to monitor ungulate population trends. coriacea, Neraudia ovata, Portulaca and modify them, as necessary, to In addition, management actions for sclerocarpa, Schiedea hawaiiensis, ensure their effectiveness. control of nonnative plant species Silene lanceolata, Solanum Thus, the Service has determined that include: (1) development of a Targeted incompletum, Tetramolopium lands on the island of Hawaii which fall Alien Plant Taxa list used to prioritize arenarium and Zanthoxylum under U.S. Army jurisdiction do not control efforts; (2) control of Pennisetum hawaiiense. meet the definition of critical habitat in setaceum near rare plant locations; (3) The comprehensive list of ongoing the Act. According to the Service’s control of Salsola kali (Russian thistle) and proposed management activities published recovery plans, the major when infestations; (4) continuing to detailed in the INRMP addresses each of extinction threats to island of Hawaii control of Solanum pseudocapsicum the management actions detailed above plants involve the persistent and (Jerusalem cherry); and (5) updating the that the Service considers important in expanding presence of alien species and Target Alien Plant Taxa list as species providing a conservation benefit to the their associated impacts. In general, for and priorities change. The INRMP also species; therefore, the plan provides a most of these species there is less includes propagating and outplanting conservation benefit to the species. relative concern associated with Federal threatened and endangered plant activities or proposed development. species back into areas that are managed (2) Provides Assurance the Plan Will Be Recovery of these listed species will for ungulates, weeds, and fire (Army Implemented require active management such as 2001). Other important activities in the In terms of providing assurances that plant propagation and reintroduction, INRMP include: (1) Conducting field the management plan will be management of fire risk, alien species

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removal, and ungulate and impacts are those related to years, the designation (co-extensive management. Failure to implement consultations under section 7 of the Act. with the listing) may result in potential these management measures, all of They include the cost of completing the direct economic effects from which require active intervention and section 7 consultation process and implementation of section 7 ranging participation, virtually assures the potential project modifications resulting from approximately $46.6 million to extinction of these species. The Army is from the consultation. Indirect impacts $62.7 million in quantifiable costs. This carrying out many of these actions on are secondary costs and benefits not decrease of approximately $6.6 million their lands, in some cases to a degree directly related to operation of the Act. to $9.1 million from the draft economic that surpasses that of other Federal, Examples of indirect impacts include analysis’s estimated potential direct State, and private landowners in potential effects to property values, economic effects from implementation Hawaii. We are, therefore, not redistricting of land from agricultural or of section 7 results primarily from the designating critical habitat on these urban to conservation, and social exclusion of proposed units Hawaii C, lands. Should the status of these welfare benefits of ecological D5, M1, M2, M3, M4, N1, N2, P, V, and commitments change, the Service will improvements. BB from final designation and the reconsider whether these lands meet the The categories of potential direct and significant reduction in size of the definition of critical habitat. If the indirect costs considered in the analysis remaining proposed units because they definition is met, we have the authority included the costs associated with: (1) lacked the primary constituent elements to propose to amend critical habitat to Conducting section 7 consultations, or were not essential to the conservation include identified areas at that time (16 including incremental consultations and of the species. Overall, the largest U.S.C. 1533(a)(3)(B); 50 CFR 424.14(g)). technical assistance; (2) modifications to portion of this estimate includes Although these areas are removed from projects, activities, or land uses impacts on Army land that was the final critical habitat designation, the resulting from the section 7 proposed as critical habitat but has been number of populations for which habitat consultations; (3) uncertainty and removed from the final designation. on PTA provides is applied toward the public perceptions resulting from the Therefore, the direct cost of designating overall conservation goal of 8 to10 designation of critical habitat including critical habitat for these 41 plant species populations for each species because potential effects on property values and will be far less than this estimate. these lands will be managed under the potential indirect costs resulting from While our final economic analysis INRMP consistent with recovery goals. the loss of hunting opportunities and includes an evaluation of potential the interaction of State and local laws; Analysis of Impacts Under Section and (4) potential offsetting beneficial indirect costs associated with the 4(b)(2) costs associated with critical habitat, designation of critical habitat for 41 Section 4(b)(2) of the Act requires us including educational benefits. The plant species on the island of Hawaii, to designate critical habitat on the basis most likely economic effects of critical some types of costs are unquantifiable. of the best scientific and commercial habitat designation are on activities The costs that are provided are information available, and to consider funded, authorized, or carried out by a speculative in the sense that there is no the economic and other relevant Federal agency (i.e., direct costs). certainty as to their being incurred, but impacts of designating a particular area Following the close of the comment we believe the numbers represent a as critical habitat. We may exclude areas period on the draft economic analysis, reasonable range of costs for the specific from critical habitat upon a an addendum was completed that actions in question, should they occur determination that the benefits of such incorporated public comments on the in whole or in part. The final economic exclusions outweigh the benefits of draft analysis and made other changes analysis concludes that efforts to specifying such areas as critical habitat. as necessary. These changes were redistrict land as a result of this We cannot exclude such areas from primarily the result of modifications designation are likely to occur, but that critical habitat when such exclusion made to the proposed critical habitat there is no way of determining in will result in the extinction of the designation based on biological advance the outcome of this process species concerned. information received during the with respect to specific parcels, or of comment periods. possible related litigation. However, Economic Impacts The draft economic analysis and such landowners may have economic Following the publication of the addendum addressed the impact of the costs associated with voluntary proposed critical habitat designation on proposed critical habitat designation agreements to restrict development, and May 28, 2002, a draft economic analysis that may be attributable coextensively to contesting redistricting. For land not was prepared to estimate the potential the listing of the species. Because of the planned for development, the analysis direct and indirect economic impacts uncertainty about the benefits and concluded that it is reasonably associated with the designation, in economic costs resulting solely from foreseeable that some landowners accordance with the recent decision in critical habitat designations, the Service would see lower property values, N.M. Cattlegrowers Ass’n v. U.S. Fish believes that it is reasonable to estimate restrictions on agricultural activity and and Wildlife Serv., 248 F.3d 1277 (10th the economic impacts of a designation costs to contest redistricting. In total, Cir. 2001). The draft analysis was made utilizing this single baseline. It is the costs associated with redistricting or available for review on December 18, important to note that the inclusion of the threat of redistricting could range 2002 (67 FR 77464). We accepted impacts attributable coextensively to the from $22 to 28 million. The final comments on the draft analysis until the listing does not convert the economic economic analysis also concludes there comment period closed on January 17, analysis into a tool to be used in is an undetermined probability of costs 2003. deciding whether or not a species ranging from $48.9 to $96.5 million Our draft economic analysis evaluated should be added to the Federal list of associated with obtaining State and the potential direct and indirect threatened and endangered species. county development approvals, and economic impacts associated with the Together, the draft economic analysis includes costs associated with a loss or proposed critical habitat designation for and the addendum constitute our final delay of these approvals. Some of these the 41 plant species from the island of economic analysis. The final economic costs, however, may overlap with a Hawaii over the next 10 years. Direct analysis estimates that, over the next 10 portion of the redistricting costs (i.e.,

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agreements to voluntarily restrict Kealakahe 2020 environmental adjoins the pre-exclusion boundaries of development to avoid redistricting). The remediation project could incur direct proposed unit Y2 on 3 sides, and has final economic analysis estimates that costs of over $5 million and indirect internal fires. K2020 plans to secure landowners may spend between $50,000 costs ranging between $87 and $104 Federal grants to remediate the site, and $181,000 to investigate the million. While there is no certainty that including extinguishing the fires. implications of critical habitat on their any or all of these indirect costs would This will require use of unoccupied land. The economic analysis also be incurred, these figures are illustrative habitat within the proposed boundary of estimates that the critical habitat of the order of magnitude of the indirect unit Y2 for the landfill material while designation could cost between impacts that could occur from the the remediation is conducted. The $175,000 and $525,000 for State and designation. economic analysis further indicates that county environmental review this project will be to the long-term (1) Benefits of Inclusion (conducting a State Environmental benefit to the listed plants by reducing Impact Statement (EIS) instead of an These areas proposed for the possibilities of wildfires. However, Environmental Assessment), although development or other uses are within it is anticipated that as mitigation for some of these costs may be incurred in proposed units Y1 and Y2. Proposed the temporary loss of this portion of the any case, as some projects might require unit Y1 absent this exclusion would critical habitat, the K202 group would an EIS without critical habitat consist of 426 acres of private land as be required to obtain funding to manage designation. critical habitat for Isodendrion two preserves to be established The final economic analysis also pyrifolium and 405 largely identical elsewhere within this proposed unit discusses most economic benefits in acres of private land for Neraudia ovata. (see ‘‘Benefits of Exclusion’’ below) at a qualitative terms rather than providing It is currently unoccupied by cost of $5.1 million over the next 10 quantitative estimates because of the Isodendrion pyrifolium, and contains 2 years. lack of information available to estimate Neraudia ovata plants. Proposed unit Apart from this project a critical the economic benefits of endangered Y2 absent this exclusion would consist habitat designation will not directly species preservation and ecosystem of 406 acres of State land for protect the areas proposed for exclusion improvements. While the quantitative Isodendrion pyrifolium and 334 largely from any planned development, due to estimates provided in the analysis are identical acres for Neraudia ovata. It is the lack of any known or anticipated speculative, the economic analysis currently occupied by 8 individual ‘‘Federal nexus’’ for such development. estimates that federally funded section 7 Isodendrion pyrifolium plants, and is However, the plants themselves are related project modifications could unoccupied by Neraudia ovata. protected against ‘‘take’’ under State generate an undetermined percentage of Critical habitat for I. pyrifolium was law, and thus the areas in which the $83 million to $109 million over 10 designated on Oahu (habitat for three plants are currently found are unlikely years. populations), Molokai (habitat for one to be developed. A more detailed discussion of our population), Maui (habitat for two Another possible benefit of a critical economic analysis is contained in the populations); for N. ovata on two other habitat designation is education of draft economic analysis and the locations in Hawaii. Habitat is also landowners and the public regarding the addendum. Both documents are provided for four populations of this potential conservation value of these available for inspection at the Pacific species on the excluded lands at PTA, areas. This may focus and contribute to Islands Fish and Wildlife Office (see as discussed later in this section. (See conservation efforts by other parties by ADDRESSES section). ‘‘Descriptions of Critical Habitat clearly delineating areas of high No critical habitat units in the Units’’). conservation values for certain species. proposed rule were excluded or If these areas were designated as However, we believe that this modified because of economic impacts critical habitat, any Federal agency educational benefit has largely been because the cost of the designation is which proposed to approve, fund or achieved. These units have already been not expected to be significant. The undertake any action which might identified through the proposal and likely direct cost impact of designating adversely modify the critical habitat final designation. In addition, the State critical habitat on Hawaii for the 41 would be required to consult with us. has included a preserve for listed plants plant species is estimated to be between This is commonly referred to as a within its VOLA development project $4.7 and $6.3 million per year over the ‘‘Federal nexus’’ for requiring the which will contribute to the long-term next 10 years. This estimate, however, consultation. If the area in question educational benefit of conserving the includes areas that were proposed as were not occupied by the plants, this habitat of these species (see ‘‘Benefits of critical habitat but have been excluded consultation would not be required Exclusion’’ below). under section 4(b)(2) of the Act (see absent the critical habitat designation. If In summary, we believe that a critical below). Therefore, the anticipated direct the action affected an area occupied by habitat designation for these two plant costs of designating critical habitat of the plants, consultation would be species would provide relative low these 41 species is less. required even without the critical additional Federal regulatory benefits. Approximately 337 ha (833 ac) of habitat designation. As indicated above, Except for the project discussed above, State and private lands within two these two units are each occupied by there is no Federal activity which might proposed critical habitat units one small population of one species of trigger the section 7 consultation (proposed Units Y1 and Y2) are the listed plants. process for these species known or excluded because the economic impacts The draft economic analysis and final anticipated for the lands to be excluded. of their inclusion outweigh the benefits addendum indicate only one project The additional educational benefits provided by a designation of critical associated with the exclusions within which might arise from critical habitat habitat. The economic analysis indicates the pre-exclusion boundaries of these designation are largely accomplished that activities already planned for these proposed units that is likely to have the through the notice and comments which two proposed units, including the State required Federal nexus, environmental accompanied the development of this VOLA master planned community with remediation of an old landfill by the regulation, and the proposed critical over 1,000 units of affordable housing, non-profit Kealakehe Ahupua’a 2020 habitat is known to the landowners. In the Kaloko Properties projects and the organization (K2020). The landfill addition, the State is planning for a

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preserve for the areas occupied by N. government but resulting from the proposed critical habitat, or of the entire ovata in proposed Unit Y2, which will critical habitat designation. These $20 million investment. In addition, provide ongoing educational benefits. include redistricting of land, rezoning there would be an estimated loss of and other regulatory approvals, and (2) Benefits of Exclusion future profits from the land proposed for litigation related to both. inclusion within the critical habitat of There are three development projects Hawaii has state-wide land between $39 to $78 million. Using a currently planned within the pre- classifications of Urban, Rural, present value discount, this loss would exclusion boundaries of proposed Units Agricultural and Conservation, with range between $17 and $34 million. Y1 and Y2 which could suffer restrictions on what type of activities There could also be the loss of all significant economic impacts due to can be conducted within the different project revenues in the event the indirect effects of the critical habitat classifications. The State Department of inability to utilize the lands within the designation. In addition, the $5.1 Land and Natural Resources commented critical habitat designation caused the million in project modification costs to on this proposal that they would be failure of the entire project. the K2020 landfill remediation project required to initiate rezoning of lands discussed above would likely be shifted designated as critical habitat into the Alternatively, in an effort to avoid from the State or from housing ‘‘Conservation’’ classification, which those situations, the developer might developers to the non-profit K2020 prohibits development. offer additional restrictions on the group. While there is a low probability that development. The final addendum The Housing and Community the State Land Use Commission would estimates, with admitted imprecision, Development Corporation of Hawaii has finally vote to redistrict the lands that these costs might range from $1.1 since 1990 had a master-planned proposed for the VOLA project, that to $2 million for the portion of the community development project known possibility exists. In addition, there project within the proposed designation. as ‘‘Villages at Laiopua’’ (VOLA), much could well be litigation designed to The possibility of significant of which is within the pre-exclusion either force the Commission to act or to economic impacts to this project, while boundary of proposed unit Y2. This have a court make the decision. not certain, clearly exist. As noted includes a planned 1,700 homes within If the project were unable to proceed, above, we cannot find offsetting benefits the area proposed for designation, of the Housing and Community which 1,020, or 60%, would be Development Corporation would lose from the designation of critical habitat classified as ‘‘affordable housing’’. The the $30 million in sunk costs, and the in these two units which exceed the State of Hawaii has already invested $30 affordable housing units that would benefits of avoiding these possible million in infrastructure costs, have been constructed. Although the economic costs. including roads, utilities, a High School, final addendum to the economic The last project for which we are planning and expanding the local waste- analysis assigns a cost to the loss of the excluding areas for economic reasons is water treatment plant, and some of the affordable units of $4.8 million, there the environmental remediation of an old project has been constructed. could well be considerable non- landfill by the non-profit K2020 The plan includes two areas totaling monetary social costs as well, organization discussed above. The 38 acres to be set aside as preserves for particularly inasmuch as the available landfill adjoins the pre-exclusion the listed plants. As noted above, the information indicates that there are no boundaries of proposed unit Y2 on 3 final addendum to our economic other affordable housing projects sides, and has internal fires. K2020 analysis indicates it would likely cost planned within the next 10 years. plans to secure Federal grants to $5.1 million over the next 10 years to The second project within the remediate the site, including manage these preserves. Absent the excluded areas is known as the Kaloko extinguishing the fires. development being largely constructed, Properties/Kaloko Town Center. This it is not likely that these plants would project has been underway since 1987, This will require use of unoccupied benefit from the management and covers 1,150 acres, of which 335, or habitat within the boundary of proposed envisioned for the preserves. 29%, is within the pre-exclusion unit Y2 for the landfill material while Critical habitat provides primarily boundary of the proposed units. The the remediation is conducted. The prohibitive regulatory benefits. But in developers have already expended over economic analysis further indicates that Hawaii, simply preventing ‘‘harmful $20 million for infrastructure this project will be to the long-term activities’’ will not slow the extinction improvements, engineering and related benefit to the listed plants by reducing of listed plant species (see detailed costs, which approximately $5.8 (by the possibilities of wildfires. However, discussion under ‘‘Queen Liliuokalani percentage allocation) is associated with it is anticipated that as mitigation for Trust’’, below). Establishment of plant the portion of the project within the the temporary loss of this portion of the preserves as planned here provide proposed critical habitat. This project critical habitat, the K202 group would positive benefits to the species. In will need both redistricting from the be required to obtain funding to manage addition, in June 2002, the State enacted State and rezoning from the county for two preserves to be established in legislation allowing State entities to portions of the land. The final connection with the VOLA project, at a enter into Safe Harbor agreements and addendum to the economic analysis cost of $5.1 million over the next 10 Habitat Conservation Plans for three finds there is a reasonably foreseeable years. Requiring this non-profit group to designated areas, including the VOLA chance that the designation of critical mitigate for use of unoccupied critical project. Absent the exclusion, it is habitat would affect this development. habitat to remediate an environmental unlikely the State would pursue either In the worst-case scenario, the State or problem, when the remediation will of these conservation options. county might decide not to grant the ultimately benefit the species, does not In addition, there are real but discretionary approvals needed for the provide an overall conservation benefit undeterminable possibilities that project—redistricting and rezoning—or to the species. This funding could well designation of these areas as critical might be prevented from doing so by come from funds otherwise intended for habitat would lead to loss or significant litigation. This could lead to loss of the conservation purposes in Hawaii, or the restriction of the project through actions $5.8 million in sunk costs for the cost could cause the group to abandon not under the control of the Federal portion of the property within the the project.

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(3) The Benefits of Exclusion Outweigh the comment period offering to benefit of excluding the lands needed the Benefits of Inclusion undertake a number of actions designed for the remediation effort, thus saving The VOLA project has already been to provide conservation benefits to the the group the $5.1 million cost and troubled by litigation and defaulting species. Specifically, the offer included: making it more likely that the landfill developers; additional regulatory or (1) To set aside 100 to 130 acres within will be remediated, exceed the benefit of legal uncertainties arising from this the proposed unit Y2; (2) enter into designating these lands as critical designation could well cause further good faith negotiations with the Federal, habitat. State or county entities for acquisition delays or kill the project altogether. If (4) Exclusion of These Units Will Not of the area; (3) agree to enter into a Safe this were to occur, the Housing and Cause Extinction of the Species Harbor agreement with us; and (4) to Community Development Corporation enter into a memorandum of understand Proposed units Y1 and Y2 on State would lose the $30 million in sunk or cooperative agreement to address and private lands provide occupied and costs, and the affordable housing units habitat protection, monitoring and unoccupied habitat for two species: that would have been constructed. management actions for the remainder Isodendrion pyrifolium and Neraudia Although the final addendum to the of their property relating to these ovata. According to our published economic analysis assigns a cost to the species (and Blackburn’s sphinx moth). recovery plans, recovery of these two loss of the affordable units of $4.8 Due to the court-ordered date by species will require reproducing, self- million, there could well be which this designation must be sustaining populations located in a considerable non-monetary social costs completed, we were unable to conclude geographic array across the landscape, as well, particularly inasmuch as the such an agreement prior to issuing this with population numbers and available information indicates that notice and regulation. If we had been population locations of sufficient there are no other affordable housing able to do so, this is the type of robustness to withstand periodic threats projects planned within the next 10 agreement for which we have found in caused by natural disaster or biological years. other cases that the conservation threats (Service 1996, 1998). The highest We do not find that the benefits from benefits of the agreement exceed the priority recovery tasks include active the designation of critical habitat for benefits of designation and thus warrant management, such as plant propagation lands within the VOLA project, as exclusion (See discussions below). We and reintroduction, fire control, discussed above, exceed the benefits of have generally not made exclusions nonnative species removal, and avoiding the possible economic and under section 4(b)(2) based on offers of ungulate fencing. Failure to implement social costs which could well arise from conservation agreements, and we are not these active management measures on this designation. doing so here. However, we do believe this and other units, all of which require For the Kaloko Properties/Kaloko the ability to pursue this proposal, and voluntary landowner support and Town Center, there is also the real a Safe Harbor agreement with the State, participation, virtually assures the possibility that the designation of are secondary benefits of the exclusions, extinction of these species in the wild. critical habitat could lead to loss of in that neither would likely remain a Many of these types of conservation necessary regulatory approvals. This in possibility without the exclusions. A actions in this area of the island of turn could lead to loss of the $5.8 decision by the State and the developers Hawaii will be carried out as part of a million in sunk costs for the portion of to follow through on this offer might partnership with the Service and by the property within the proposed well be in both their and the species actions taken on the landowner’s critical habitat, or of the entire $20 best interest. initiative. These activities, which are million investment. In addition, there We also note that while preparing an described in more detail below, require would be an estimated loss of future original critical habitat proposal and substantial voluntary cooperation. profits from the land proposed for designation is extremely costly and For both species, we conclude, based inclusion within the critical habitat of time-consuming, a revision to a on all of the information available to us, between $39 to $78 million. Using a designation, where all of the appropriate that the projects proposed for the areas present value discount, this loss would biological and economic information is to be excluded will not adversely range between $17 and $34 million. already available, could be relatively impact existing populations of either (There could also be the loss of all easy. We will closely monitor the status listed species. In addition, the Hawaii project revenues in the event the of the listed plants within this exclusion Housing and Community Development inability to utilize the lands within the and will be prepared to take necessary Corporation has proposed the creation critical habitat designation caused the actions in the event their situation of preserves for the plant with the failure of the entire project.) warrants it. VOLA development, which would be Alternatively, in an effort to avoid those For the non-profit K2020 actively managed for the benefit of the situations, the developer might offer organization, the designation of critical plants. As noted below in detail, active additional restrictions on the habitat could add an additional $5.1 management is an essential need of development. The final addendum million in direct costs to their effort to these species, one which cannot be estimates, with admitted imprecision, remediate a burning old landfill, as accomplished through a critical habitat that these costs might range from $1.1 discussed above. Requiring this non- designation alone. Finally, we note that to $2 million for the portion of the profit group to raise and expend $5.1 in Hawaii State law protected Federally project within the proposed designation. million for use of unoccupied critical listed plants against direct take, a We do not find that the benefits from habitat to remediate an environmental protection not found in the ESA. the designation of critical habitat for problem, when the remediation will If a critical habitat designation lands within the VOLA project, as ultimately benefit the species, does not reduces the likelihood that voluntary discussed above, exceed the benefits of provide an overall conservation benefit conservation activities will be carried avoiding the possible economic costs to the species. This funding could well out on the island of Hawaii, and at the which could well arise from this come from funds otherwise intended for same time fails to confer a counter- designation. conservation purposes in Hawaii, or the balancing positive regulatory or We note that the developers of this cost could cause the group to abandon educational benefit to the species, then project contacted us after the close of the project. We accordingly believe the the benefits of excluding such areas

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from critical habitat outweigh the withstand periodic threats caused by to consultation at PTA, which includes the benefits of including them. Although, natural disaster or biological threats areas being acquired for the results of this type of evaluation will (Service 1994, 1995a, 1995b, 1996a, ‘‘Transformation,’’ the Army is vary significantly depending on the 1996b, 1996c, 1996d, 1997a, 1998a, evaluating impacts of its ongoing and landowners, geographic areas, and 1998b, 1998c, 1999). The highest future training activities on habitat species involved, we believe the State priority recovery tasks include proactive considered essential to the conservation, and private lands in proposed units management such as plant propagation including habitat unoccupied by listed Hawaii Y1 and Y2 merit this evaluation. and reintroduction, fire control, species. nonnative species removal, and Other Impacts Moreover, the section 7 mandate to ungulate fencing. Failure to implement avoid destroying critical habitat does U.S. Army Lands these active management measures, all not extend to requiring plant of which require voluntary landowner As described in the ‘‘Analysis of reintroductions or other proactive support and participation, increases the Managed Lands Under Section 3(5)(A)’’ conservation measures (e.g., ungulate likelihood that species will go extinct or section above, based on our evaluation control) considered essential to the not recover. The Army is undertaking of the adequacy of special management conservation of the species. As many of these types of conservation and protection that is provided in the discussed above, the major threat to actions on their land on the island of Army’s INRMP for PTA (Department of these species is the persistent and Hawaii as part of the implementation of the Army 2002) for the plant species expanding presence of alien species. the INRMP for PTA. These activities, addressed in this proposal which are Failure to implement proactive which are described in more detail in found on Army land, in accordance management measures such as alien the ‘‘Analysis of Managed Lands Under species removal and ungulate and rat with section 3(5)(A)(i) of the Act, we Section 3(5)(A)’’ section, require have not included the Army’s PTA in management, as well as management of substantial financial obligations by the fire risk and plant propagation and this final designation of critical habitat. Army and cooperation with other However, to the extent that special reintroduction, may result in extinction agencies, landowners, and local of these species even with a critical management considerations and residents. protection may be required for this area habitat designation. These actions are, The following analysis describes the however, included in the Army’s and it would meet the definition of likely positive and negative impacts of critical habitat according to section INRMP for PTA and will provide a critical habitat designation on Army tangible benefits that will reduce the 3(5)(A)(i), it is properly excluded from land compared to the likely positive and designation under section 4(b)(2) of the likelihood of extinction and increase the negative impacts of a critical habitat chances of recovery. Act, based on the following analysis. exclusion of that land. The Service paid Another potential benefit of a critical As explained below, we believe the particular attention to the following habitat designation on this Army land is benefits of designating critical habitat issues: to what extent a critical habitat the education of the Army and the for the 12 species at PTA (Asplenium designation would confer additional fragile var. insulare, Hedyotis coriacea, regulatory, educational, and social general public concerning the Isodendrion hosakea, Neraudia ovata, benefits; and to what extent would conservation value of this land. While Portulaca sclerocarpa, Silene critical habitat interfere with the Army’s we believe these educational benefits hawaiiensis, Silene lanceolata, Solanum ongoing proactive conservation actions. are important for the conservation of incompletum, Spermolepis hawaiiensis, these species, we believe it has already Tetramolopium arenarium, Vigna o- (1) Benefits of Designating U.S. Army been achieved through the Army’s wahuensis, and Zanthoxylum Lands as Critical Habitat INRMP (for example, most of the hawaiiense) and the lands being Pohakuloa Training Area contains INRMP’s biologically sensitive areas acquired as part of their habitat essential to the conservation of overlap with proposed critical habitat), ‘‘Transformation’’ to a Stryker Brigade the 12 species listed above. The primary publication of the proposed critical Combat Team are relatively low and regulatory benefit provided by a critical habitat rule, the many public and outweighed by the benefits of excluding habitat designation on Army land is the interagency meetings that have been these lands from critical habitat. We requirement under section 7 of the Act held to discuss the proposal, and also have concerns that a critical habitat that any actions authorized, funded, or discussion contained in this final rule. designation may negatively impact the carried out by the Army would not In sum, the Army will manage for the Army’s ability to effectively carry out a destroy or adversely modify any critical conservation of all of these species recently proposed training and habitat, which includes an evaluation through their INRMP process; this equipment conversion program on the on the effects of the action on recovery management will confer significant island of Hawaii. of the species. However, as discussed conservation benefits to the species that The Army’s PTA, including the lands above, all of the critical habitat would not necessarily result from the being acquired for ‘‘Transformation,’’ is proposed at PTA is occupied by listed section 7 consultation process. In occupied habitat for 12 species, as species and thus section 7 consultation addition, the Army has agreed to referenced above. A total of 28,384 ha would already be required. coordinate with the Service on any (70,138 ac) are excluded from final In addition, any net benefit of this actions that may affect essential habitat critical habitat, all of which is aspect of critical habitat has been areas (whether occupied or unoccupied considered occupied by one or more significantly minimized by the Army’s by the listed species) even if these areas listed species. commitment to coordinate with the are not designated as final critical According to our published recovery Service on any of its activities that may habitat. Taken together, these two plans, recovery of these 12 species will adversely affect areas whether occupied management commitments by the Army require reproducing, self-sustaining or unoccupied by listed species that are lead the Service to conclude that any populations located in a geographic considered essential to their additional incremental regulatory array across the landscape, with conservation (i.e., proposed as critical benefits provided by a final critical population numbers and population habitat) (Anderson, in litt. March 20, habitat designation on Army lands locations of sufficient robustness to 2003). In fact, for the current would be relatively small.

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(2) Benefits of Excluding U.S. Army (3) The Benefits of Excluding Army for eight of the remaining nine multi- Lands From Critical Habitat Lands From Critical Habitat Outweigh island species consistent with the the Benefits of Inclusion guidance in recovery plans. These other When evaluating the potential designations identify conservation areas negative impacts of a critical habitat Based on the above considerations, and in accordance with section 4(b)(2) for the maintenance and expansion of designation and the potential benefits of of the Act, we have determined that the the existing populations. excluding Army land from final critical benefits to national security of Critical habitat is not designated for habitat, the Service considered whether excluding the Army’s PTA from critical Tetramolopium arenarium on the island critical habitat designation would affect habitat, as set forth above, outweigh the of Hawaii because the areas containing Army’s military mission at PTA. benefits of including this land in critical the physical and biological features As noted above, these plants will habitat for the 12 species listed above. essential to the conservation of this need actions that proactively remove We have carefully weighed the relative species are on excluded lands at PTA. Critical habitat was not designated on existing threats and that include benefits of each option. Maui because we were not able to propagation and reintroduction into Although these areas within Army identify the physical and biological unoccupied areas if they are to recover. land are removed from the final critical habitat designation, the Service still features that are considered essential to Neither section 7 consultations nor a the conservation of this species on the critical habitat designation would considers them essential to the conservation of these species. The island of Maui. necessarily result in the implementation In sum, the above analysis concludes number of populations for which the of actions needed for recovery of these that the exclusion of these lands will habitat on these installations provides is species. not cause extinction and should in fact applied towards the overall recovery improve the chances of recovery for all The Army is engaged in or has goal of 8 to 10 populations for each 12 species. committed to engage in a wide variety species (see discussion below), and it is of proactive conservation management anticipated that these lands will be Private Lands activities that are set out in the managed under the Army’s INRMP for Kamehameha Schools ‘‘Analysis of Managed Lands Under PTA consistent with the conservation Section 3(5)(A)’’ section of this rule. goals for these species. The portion of proposed units Hawaii The Service also considered whether G, W, and Z on Kamehameha Schools (4) Exclusion of This Unit Will Not lands is occupied habitat for six species: a final critical habitat designation would Cause Extinction of the Species negatively impact the Army’s military Bonamia menziesii, Cyanea mission. Overall, the Service believes it For both the three endemic stictophylla, Delissea undulata, (Isodendrion hosakea, Neraudia ovata, Phyllostegia racemosa, Phyllostegia has been able to work closely and in a and Silene hawaiiensis) and the nine velutina, and Pleomele hawaiiensis and positive collaborative fashion with the multi-island species (Asplenium fragile unoccupied habitat for three species: Army to minimize potential negative var. insulare, Hedyotis coriacea, Argyroxiphium kauense, Cyanea impacts to the Army’s military training Portulaca sclerocarpa, Silene shipmanii, and Neraudia ovata. activities as a consequence of lanceolata, Solanum incompletum, According to our published recovery Endangered Species Act regulation. Spermolepis hawaiiensis, plans, recovery of these species will However, the 2nd Brigade of the 25th Tetramolopium arenarium, Vigna o- require reproducing, self-sustaining Infantry Division (Light) based at PTA wahuensis, and Zanthoxylum populations located in a geographic has recently been selected to participate hawaiiense), the Service concludes that array across the landscape, with in the experimental ‘‘Transformation’’ of the Army’s mission and management population numbers and population its force to a lighter rapidresponse force plan (e.g., INRMP) will provide more locations of sufficient robustness to known as a Stryker Brigade Combat net conservation benefits than would be withstand periodic threats caused by Team. The Army has stated that a final provided if these areas were designated natural disaster or biological threats critical habitat designation may lead to as critical habitat. This management (Service 1994, 1995a, 1996a, 1996b, disruption in training and a delay of plan, which is described above, will 1996c, 1997a, 1998a, 1998b, 1998c, construction of required training provide tangible conservation benefits 1999). The highest priority recovery facilities if the Army has to consult on that will reduce the likelihood of tasks include active management such the impacts to newly designated critical extinction for the listed plants in these as plant propagation and reintroduction, areas of the island of Hawaii and fire control, nonnative species removal, habitat. The active training areas allow increase their likelihood of recovery. and ungulate fencing. Failure to the troops to attain skills to respond to Further, all of this area is occupied by implement these active management enemy fire quickly and accurately and all 12 species and thereby benefits from measures, all of which require voluntary to train in offensive operations. The the section 7 protections of the Act. The landowner support and participation, natural and physical attributes of the exclusion of these areas will not virtually assures the extinction of these training areas in Hawaii realistically increase the risk of extinction to any of species. Many of these types of mirror the battlefield conditions found these species, and it may increase the conservation actions in these areas of in other nations in the Pacific region. As likelihood these species will recover by the island of Hawaii are carried out as these training conditions are not found encouraging other landowners to part of Kamehameha School’s anywhere else in the continental United implement discretionary conservation participation with landowner incentive- States, the Army states that it is activities as the Army has done. based programs and by actions taken on imperative that the utilization of the In addition, critical habitat is being the landowner’s initiative. These military training installations in Hawaii designated on other areas of the island activities, which are described in more not be impeded by additional of Hawaii for the three endemic species, detail below, require substantial requirements associated with section 7 and critical habitat has been designated voluntary cooperation by Kamehameha consultations on critical habitat elsewhere on the island, and/or Schools and other cooperating designations. designated or proposed on other islands, landowners and local residents.

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The following analysis describes the island of Hawaii for any of the 41 plant precise areas are important to which likely conservation benefits of a critical species. Only two consultations species. habitat designation compared to the involved Kamehameha Schools lands, In addition, we believe that education conservation benefits without critical both of which were intra-Service of relevant sectors of the public is being habitat designation. We paid particular consultations on conservation projects. achieved through the existing attention to the following issues: To One consultation was regarding a management and education efforts what extent a critical habitat project to restore Opaeula Pond; carried out by Kamehameha Schools designation would confer regulatory however, none of the 47 species at issue and their conservation partners. conservation benefits on these species; were involved. The other consultation Kamehameha Schools participates in to what extent the designation would was regarding restoring dryland forest. the Olaa-Kilauea Management educate members of the public such that The proposed restoration actions were Partnership along with Federal and conservation efforts would be enhanced; found to benefit two species at issue State agencies, along with other private and whether a critical habitat here, Bonamia menziesii and landowners, to protect the biological designation would have a positive, Nototrichium breviflorum. As a result of resources of the Olaa-Kilauea area. neutral, or negative impact on voluntary the low level of previous Federal In sum, we believe that a critical conservation efforts on this privately activity on Kamehameha Schools lands habitat designation for listed plants on owned land as well as other non-Federal on the island, and after considering that Kamehameha Schools lands would lands on the island of Hawaii that could the likely future Federal activities that provide a relatively low level of contribute to recovery. might occur on these lands would be additional regulatory conservation If a critical habitat designation minimal and associated with Federal benefits to each of the plant species reduces the likelihood that voluntary funding for conservation activities, it is beyond what is already provided by conservation activities will be carried our opinion that there is likely to be a existing section 7 consultation out on the island of Hawaii, and at the low number of future Federal activities requirements caused by the physical same time fails to confer a counter- that would negatively affect habitat on presence of the nine listed species. Any balancing positive regulatory or Kamehameha Schools lands. A Federal regulatory conservation benefits would educational benefit to the species, then nexus is anticipated in association with accrue through the benefit associated the benefits of excluding such areas the finalization of a Safe Harbor with additional section 7 consultation from critical habitat outweigh the Agreement and issuance of an associated with critical habitat. Based benefits of including them. Although enhancement of survival permit; on a review of past consultations and the results of this type of evaluation will however, these activities will have a net consideration of the likely future vary significantly depending on the conservation benefit for the species activities in this specific area, we expect little Federal activity that would trigger landowners, geographic areas, and the concerned. Therefore, we anticipate section 7 consultation to occur on this species involved, we believe the little additional regulatory benefit from privately owned land. We also believe Kamehameha Schools lands on the including this portion of units Hawaii that critical habitat designation would island of Hawaii merit this evaluation. G, W, and Z in critical habitat beyond provide little additional educational what is already provided for by the (1) Benefits of Inclusion benefit since the conservation value is existing section 7 nexus for habitat areas Critical habitat in the Kamehameha already known by the landowner, the occupied by the listed extant species. Schools portion of units Hawaii G, W, State, Federal agencies, and private and Z was proposed for the following Another possible benefit is that the organizations, and the area has been species: Argyroxiphium kauense, designation of critical habitat can serve identified as essential to the Bonamia menziesii, Cyanea shipmanii, to educate the public regarding the conservation of nine plant species Cyanea stictophylla, Delissea undulata, potential conservation value of an area, through publication in the proposed Neraudia ovata, Phyllostegia racemosa, and this may focus and contribute to critical habitat rule and this final rule. Phyllostegia velutina, and Pleomele conservation efforts by other parties by hawaiiensis. The primary direct benefit clearly delineating areas of high (2) Benefits of Exclusion of inclusion of these lands as critical conservation value for certain species. Proactive voluntary conservation habitat would result from the Information about the nine species for efforts are necessary to prevent the requirement under section 7 of the Act which critical habitat was proposed in extinction and promote the recovery of that Federal agencies consult with us to this portion of units Hawaii G, W, and these species on the island of Hawaii ensure that any proposed Federal Z that reaches a wide audience, and other Hawaiian islands (Shogren et actions do not destroy or adversely including other parties engaged in al. 1991; Wilcove and Chen 1998; modify critical habitat. conservation activities, could have a Wilcove et al. 1998). Consideration of The benefit of a critical habitat positive conservation benefit. This this concern is especially important in designation would ensure that any result has been achieved through an areas where species have been actions funded by or permits issued by exhaustive process that involved dozens extirpated and their recovery requires a Federal agency would not likely of public and interagency meetings, access and permission for destroy or adversely modify any critical media outreach including front-page reintroduction efforts (Bean 2002; habitat. Without critical habitat, some articles in major newspapers, and Wilcove et al. 1998). For example, three site-specific projects might not trigger several publications in the Federal of the nine species associated with consultation requirements under the Act Register. Final species-specific maps proposed units Hawaii G, W, and Z are in areas where species are not currently identifying habitat areas essential to the extirpated from Kamehameha Schools present; in contrast, Federal actions in conservation of these species on lands, and repopulation is likely not areas occupied by listed species would Kamehameha Schools lands have been possible without human assistance and still require consultation under section prepared and will be provided to landowner cooperation. 7 of the Act. Kamehameha Schools and other Kamehameha Schools is involved in Historically, we have conducted only interested parties. These maps will several important voluntary two formal and 21 informal ensure Kamehameha Schools is conservation agreements and is consultations under section 7 on the completely informed regarding what currently carrying out some of these

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activities for the conservation of these control program in 2002 in Honaunau lands within proposed critical habitat species. They have developed two Forest and Honaunau Uka. In both the units W and Z. The purpose of programs that demonstrate their Forest and Uka areas, they will continue Kamehameha Schools’ Safe Harbor conservation commitments, Aina Ulu the weed control program, along with a Agreement is to encourage voluntary and Malama Aina. The Aina Ulu timber certification program to write restoration and enhancement of habitat program implements land based certifiable plans and complete for threatened and endangered species, education programs, whereas Malama inventories. In the Honaunau Uka area, and to enable certain species to be Aina delivers focused stewardship of they will construct an ungulate reintroduced onto Kamehameha natural resources. exclosure fence and issue a contract for Schools’ lands where such species Malama Aina has been focused in two a botanical survey, and in the Honaunau formerly occurred, including the bird distinct areas, Keauhou in Kau District Forest the road will be maintained. species palila (Loxoides bailleui), as and North-South Kona, with a budget Funds allocated for the implementation well as Argyroxiphium kauense and commitment in 2002 of $1,000,000, not of these projects total $52,500 to Delissea undulata. Some of the including staff expenses. Kamehameha Honaunau Forest and $29,500 to conservation activities planned under Schools has more than 25 years of Honaunau Uka. Kaupulehu Kauila Lama this Agreement include fencing areas stewardship experience at Keauhou in Forest and Kaupulehu Uka lie within containing mamane (Sophora Kau District, which includes the Olaa- the proposed critical habitat unit Hawaii chrysophylla), removal of ungulates, Kilauea Management partnership Z. Conservation activities in the Aina control of ungulates in areas that are not project entered into on July 6, 1994. Ulu program at Kaupulehu Kauila Lama fenced, removal of predators (e.g., rats), This area is within proposed critical Forest include an intern program, an and the release of palila into the area. habitat unit Hawaii G. The vision for outreach coordinator, multimedia Currently, the Agreement being Keauhou is to restore the native curriculum development, small developed includes only the palila. ecosystems in order to utilize the entire mammal and weed control, road However, other listed and candidate area for education and cultural maintenance, installation of self- animal and plant species and other enrichment by using sustainable composting toilets, and precious wood- conservation activities will be added in economic ventures to support these gathering. Funds allocated for these the future (Peter Simmons, programs. Activities within this projects total $70,700. Malama Aina Kamehameha Schools, in litt. 2003). program include timber certification, projects at Kaupulehu Uka include As described earlier, Kamehameha large and small mammal control, weed timber certification, large mammal and Schools has a history of entering into control, koa thinning, propagation and weed control, ungulate exclosure conservation agreements with various outplanting of both rare and common fencing, inventory, monitoring and data Federal and State agencies and private native plants, inventory, monitoring and analysis of conservation actions and organizations on biologically important data analysis of stewardship efforts, road maintenance. Funds allocated for portions of their lands. These access road improvement, refuse clean those projects total $101,000. Partners arrangements have taken a variety of up, and the purchase of Keauhou Ranch. include: Hawaii Forest Industry forms. They include partnership Participating partners include: Cultural Association, the Service, DOFAW, local commitments such as the Olaa-Kilauea practitioners (the Edith Kanakaole residents, PIA Sports Properties (lessee), Partnership and the Dryland Forest Foundation and the Polynesian U.S. Forest Service, National Tropical Working Group. The listed plant species originally included within the Voyaging Society), ranching and timber Botanical Garden (lessee), and Honokaa interests (Hawaii Forest Industry Kamehameha Schools portion of High School. Pulehua lies within Association), researchers and scientists proposed units Hawaii G, W, and Z will proposed critical habitat unit Hawaii W. (University of Hawaii at Manoa and benefit substantially from their Conservation efforts at Pulehua are in Hilo, the Zoological Society of San voluntary management actions because the beginning stages. Conservation Diego, U.S. Forest Service, Hawaiian of a reduction in ungulate browsing and projects in 2003 will focus on weed Silversword Foundation, and USGS– habitat conversion, a reduction in control, with $7,500 allocated. In 2002, BRD), educators (Nawahi Charter competition with nonnative weeds, a an ungulate control program was School), natural resource managers reduction in risk of fire, and the initiated, which included $7,000 to (Olaa-Kilauea Management Group, reintroduction of species currently study ungulate issues in Kona. This DOFAW, the Service, HVNP, and The extirpated from various areas and for Nature Conservancy of Hawaii (TNCH)). year’s budget includes $35,000 for which the technical ability to propagate Malama Aina has allocated $681,000, ungulate control, with an additional these species currently exists or will be and Aina Ulu has allocated $33,000. $40,000 to construct enclosures to developed in the near future. Preservation of this area conserves measure the success of the control The conservation benefits of critical critically endangered species of plants efforts. habitat are primarily regulatory or and animals in a mix of ecosystems with Because Kamehameha Schools’ goal is prohibitive in nature. But on the island microenvironments required by some of to improve habitat for threatened and of Hawaii, simply preventing ‘‘harmful Hawaii’s rarest plants and animals, endangered species, the district is activities’’ will not slow the extinction including endangered forest birds and developing a Safe Harbor Agreement of listed plant species. Where consistent lobeliads (plants in the family with the Service and the State through with the discretion provided by the Act, ). This management the Safe Harbor program. The Safe we believe it is necessary to implement strategy is consistent with recovery of Harbor program encourages proactive policies that provide positive incentives these species. management to benefit endangered and to private landowners to voluntarily Kamehameha’s Schools North-South threatened species on non-Federal lands conserve natural resources, and that Kona natural resource conservation by providing regulatory assurances to remove or reduce disincentives to efforts focus on three distinct areas: landowners that no additional conservation (Michael 2001; Michael, in Honaunau Forest and Honaunau Uka, Endangered Species Act restrictions will press). Thus, we believe it is essential Kaupulehu Kauila Lama Forest and be imposed on future land, water, or for the recovery of these nine species to Kaupulehu Uka, and Pulehua. resource use for enrolled lands. The build on continued conservation Kamehameha Schools started a weed Safe Harbor Agreement would include activities, such as these with a proven

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partner, and to provide incentives for being managed by the landowner on a significant degree by Federal activities other private landowners on the island voluntary basis in cooperation with us, requiring section 7 consultation, and (b) of Hawaii who might be considering cultural practitioners (the Edith these areas are already occupied by six implementing voluntary conservation Kanakaole Foundation and the listed species and a section 7 nexus activities but have concerns about Polynesian Voyaging Society), ranching already exists. We are unable to identify incurring incidental regulatory or and timber interests (Hawaii Forest any other potential benefits associated economic impacts. Industry Association), researchers and with critical habitat for these portions of Approximately 80 percent of scientists (UH Manoa and Hilo, the the proposed units. imperiled species in the United States Zoological Society of San Diego, U.S. 5. We believe it is necessary to occur partly or solely on private lands Forest Service, Silversward Foundation, establish positive working relationships where the Service has little management and USGS–BRD), educators (Nawahi with representatives of the Native authority (Wilcove et al. 1996). In Charter School), and natural resource Hawaiian community. This approach of addition, recovery actions involving the managers (Olaa-Kilauea Management excluding critical habitat and entering reintroduction of listed species onto Group, DOFAW, HVNP, National into a mutually agreeable conservation private lands require the voluntary Tropical Botanical Garden, and TNCH) partnership strengthens this cooperation of the landowner (Bean to achieve important conservation goals. relationship and should lead to 2002; James 2002; Knight 1999; Main et 2. In the past, Kamehameha Schools conservation benefits beyond the al. 1999; Norton 2000; Shogren et al. has cooperated with Federal and State boundaries of Kamehameha Schools 1999; Wilcove et al. 1998). Therefore, ‘‘a agencies and private organizations to land. It is an important long term successful recovery program is highly implement voluntary conservation conservation goal of the Service to work dependent on developing working activities on their lands that have cooperatively with the Native Hawaiian partnerships with a wide variety of resulted in tangible conservation community to help recover Hawaii’s entities, and the voluntary cooperation benefits. endangered species. This partnership of thousands of non-Federal landowners 3. Simple regulation of ‘‘harmful with Kamehameha Schools is an and others is essential to accomplishing activities’’ is not sufficient to conserve important step forward toward this goal. recovery for listed species’’ (Crouse et these species. Landowner cooperation 6. While we didn’t find that al. 2002). Because large tracts of land and support is required to prevent the designating critical habitat on suitable for conservation of threatened extinction and promote the recovery of Kamehameha Schools land would have and endangered species are mostly all of the listed species on this island, a significant economic impact on them, owned by private landowners, because of the need to implement the potential cost of over $1.65 million successful recovery of listed species on proactive conservation actions such as could affect Kamehameha Schools’ the island of Hawaii is especially ungulate management, weed control, willingness to continue their dependent upon working partnerships fire suppression, plant propagation, and conservation partnerships. Even if they and the voluntary cooperation of private outplanting. This need for landowner did continue to implement conservation landowners. cooperation is especially acute because activities on their Kamehameha Kamehameha Schools owns over the proposed units Hawaii G, W, and Z Schools’ land, this potential cost may 6,800 acres of land proposed as critical are unoccupied by three of the nine result in a reduction of the amount of habitat in the Agricultural District. species. Future conservation efforts, funding they would commit to According to the final economic such as translocation of these three conservation activities. analysis, if this land were redistricted to plant species back into unoccupied 7. It is well documented that publicly the Conservation District, the total habitat on these lands, will require the owned lands and lands owned by potential loss in property value could be cooperation of Kamehameha Schools. private organizations alone are too small more than approximately $1,997,000. Exclusion of Kamehameha Schools and poorly distributed to provide for the They could also spend over $50,000 lands from this critical habitat conservation of most listed species contesting a proposed redistricting. designation will help the Service (Bean 2002; Crouse et al. 2002). Thus, designation of critical habitat on maintain and improve this partnership Excluding these Kamehameha Schools Kamehameha Schools land could result by formally recognizing the positive lands from critical habitat may, by way in an economic impact to the Trust of contributions of Kamehameha Schools of example, provide positive social, over $2 million. to plant recovery, and by streamlining legal, and economic incentives to other or reducing unnecessary oversight. non-Federal landowners on the island of (3) The Benefits of Exclusion Outweigh 4. Especially given the current Hawaii who own lands that could the Benefits of Inclusion partnership agreements between contribute to listed species recovery if Based on the above considerations, Kamehameha Schools and many other voluntary conservation measures on we have determined that the benefits of organizations, we believe the benefits of these lands are implemented (Norton excluding the Kamehameha Schools including Kamehameha Schools lands 2000; Main et al. 1999; Shogren et al. lands in proposed units Hawaii G, W, as critical habitat are relatively small. 1999; Wilcove and Chen 1998). As and Z as critical habitat outweigh the The designation of critical habitat can resources allow, the Service would be benefits of including them as critical serve to educate the general public as willing to consider future revisions or habitat for Argyroxiphium kauense, well as conservation organizations amendments to this final critical habitat Bonamia menziesii, Cyanea shipmanii, regarding the potential conservation rule if landowners affected by this rule Cyanea stictophylla, Delissea undulata, value of an area, but this goal is already develop conservation programs or Neraudia ovata, Phyllostegia racemosa, being accomplished through the partnerships (e.g., Habitat Conservation Phyllostegia velutina, and Pleomele identification of this area in the Plans, Safe Harbor Agreements, hawaiiensis. management agreements described conservation agreements) on their lands This conclusion is based on the above. Likewise, there will be little that outweigh the regulatory and other following factors: Federal regulatory benefit to the species benefits of a critical habitat designation. 1. A substantial amount of the because: (a) There is a low likelihood In conclusion, we find that the Kamehameha Schools lands in proposed that these proposed critical habitat units exclusion of critical habitat in the units Hawaii G, W, and Z is currently will be negatively affected to any Kamehameha Schools portions of

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proposed units Hawaii G, W, and Z likelihood these species will recover by Phyllostegia velutina, and Pleomele would most likely have a net positive encouraging other landowners to hawaiiensis. conservation effect on the recovery and implement voluntary conservation Queen Liliuokalani Trust conservation of these nine plant species activities as Kamehameha Schools has when compared to the positive done. The southwestern portion of proposed conservation effects of a critical habitat In addition, critical habitat is being unit Hawaii Y2 on Queen Liliuokalani designation. As described above, the designated on other areas of the island Trust land is unoccupied habitat for two overall benefits to these species of a of Hawaii for all seven of the endemic species: Isodendrion pyrifolium and critical habitat designation on species (units Hawaii 10— Neraudia ovata. According to our Kamehameha Schools lands are Argyroxiphium kauense—a, Hawaii published recovery plans, recovery of relatively small. In contrast, we believe 24—Argyroxiphium kauense—b, Hawaii these two species will require this exclusion will enhance our existing 25—Argyroxiphium kauense—c, Hawaii reproducing, self-sustaining populations partnership with Kamehameha Schools, 30—Argyroxiphium kauense—d, Hawaii located in a geographic array across the and it will set a positive example and 1—Cyanea shipmanii—a, Hawaii 30— landscape, with population numbers provide positive incentives to other Cyanea shipmanii—b, Hawaii 30— and population locations of sufficient non-Federal landowners who may be Cyanea shipmanii—c, Hawaii 15— robustness to withstand periodic threats considering implementing voluntary Cyanea stictophylla—a, Hawaii 16— caused by natural disaster or biological conservation activities on their lands. Cyanea stictophylla—b, Hawaii 24— threats (Service 1996, 1998). The highest We conclude there is a greater Cyanea stictophylla—c, Hawaii 30— priority recovery tasks include active likelihood of beneficial conservation Cyanea stictophylla—d, Hawaii 10— management, such as plant propagation activities occurring in these and other Neraudia ovata—a, Hawaii 18— and reintroduction, fire control, areas of the island of Hawaii without Neraudia ovata—d, Hawaii 1— nonnative species removal, and designated critical habitat than there Phyllostegia racemosa—a, Hawaii 2— ungulate fencing. Failure to implement would be with designated critical Phyllostegia racemosa—b, Hawaii 30— these active management measures on habitat on these Kamehameha Schools Phyllostegia racemosa—c, Hawaii 24— this and other units, all of which require lands. Phyllostegia velutina—a, Hawaii 30— voluntary landowner support and Phyllostegia velutina—b, Hawaii 7— participation, virtually assures the (4) Exclusion of This Unit Will Not Pleomele hawaiiensis—a, Hawaii 10— extinction of these species in the wild. Cause Extinction of the Species Pleomele hawaiiensis—b, Hawaii 18— Many of these types of conservation In considering whether or not Pleomele hawaiiensis—c, and Hawaii actions in this area of the island of exclusion of Kamehameha Schools 23—Pleomele hawaiiensis—d). Critical Hawaii will be carried out as part of lands in proposed units Hawaii G, W, habitat has also been designated Queen Liliuokalani Trust’s partnership and Z might result in the extinction of elsewhere on the island of Hawaii with the Service and by actions taken on any of these nine species, we first (Hawaii 10—Bonamia menziesii—a, the landowner’s initiative. These considered the impacts to the seven Hawaii 10—Delissea undulata—a, and activities, which are described in more species endemic to the island of Hawaii Hawaii 10—Delissea undulata—b) and detail below, require substantial (Argyroxiphium kauense, Cyanea designated on other islands for the voluntary cooperation by Queen shipmanii, Cyanea stictophylla, remaining two multi-island species Liliuokalani Trust. Neraudia ovata, Phyllostegia racemosa, within their historical range consistent The following analysis describes the Phyllostegia velutina, and Pleomele with the guidance in recovery plans. likely conservation benefits of a critical hawaiiensis), and second to the two Critical habitat has been designated for habitat designation compared to the species known from the island of Bonamia menziesii on Kauai (habitat for conservation benefits without critical Hawaii and one or more other Hawaiian two populations), Oahu (habitat for four habitat designation. We paid particular islands (Bonamia menziesii and populations), and Maui (habitat for one attention to the following issues: To Delissea undulata). population) (68 FR 9116; 68 FR 35949; what extent a critical habitat These agreements, which are 68 FR 25934). Habitat for one designation would confer regulatory described above, will provide tangible population is in the excluded lands on conservation benefits on these species; proactive conservation benefits that will Lanai (68 FR 1220). We have designated to what extent the designation would reduce the likelihood of extinction for critical habitat for Delissea undulata on educate members of the public such that both the seven endemic and the two Kauai (habitat for three populations) (68 conservation efforts would be enhanced; multi-island species in these areas of the FR 9116). These other designations and whether a critical habitat island of Hawaii and increase their identify conservation areas for the designation would have a positive, likelihood of recovery. Extinction for maintenance and expansion of the neutral, or negative impact on voluntary any of these species as a consequence of existing populations. conservation efforts on this privately this exclusion is unlikely because there In sum, the above analysis concludes owned land as well as other non-Federal are no known threats in these portions that an exclusion of Kamehameha lands on the island of Hawaii that could of proposed units Hawaii G, W, and Z Schools lands within proposed units contribute to recovery. due to any current or reasonably Hawaii G, W, and Z from final critical If a critical habitat designation anticipated Federal actions that might habitat on the island of Hawaii will reduces the likelihood that voluntary be regulated under section 7 of the Act. have a net beneficial impact with little conservation activities will be carried Further, these areas are already risk of negative impacts. Therefore, the out on the island of Hawaii, and at the occupied by six of the nine species and exclusion of the Kamehameha Schools same time fails to confer a counter- thereby benefit from the section 7 portions of proposed units Hawaii G, W, balancing positive regulatory or protections of the Act, should such an and Z will not cause extinction and educational benefit to the species, then unlikely Federal threat actually should in fact improve the chances of the benefits of excluding such areas materialize. The exclusion of these recovery for Argyroxiphium kauense, from critical habitat outweigh the Kamehameha Schools lands will not Bonamia menziesii, Cyanea shipmanii, benefits of including them. Although, increase the risk of extinction to any of Cyanea stictophylla, Delissea undulata, the results of this type of evaluation will these species, and it may increase the Neraudia ovata, Phyllostegia racemosa, vary significantly depending on the

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landowners, geographic areas, and conservation of these two species. It is contribute up to $10,000 toward the species involved, we believe the Queen anticipated that other portions of the propagation research project to be Liliuokalani Trust lands in proposed general public will likewise be better conducted by an expert acceptable to unit Hawaii Y2 merit this evaluation. informed of the value of this area as both Queen Liliuokalani Trust and the Queen Liliuokalani Trust implements Service. The trust will also integrate this (1) Benefits of Inclusion conservation activities on this land. effort with its cultural and educational Critical habitat in the Queen In sum, we believe that a critical programs with children and develop a Liliuokalani Trust portion of proposed habitat designation for listed plants on curriculum similar to one at Kaala unit Hawaii Y2 was proposed for Queen Liliuokalani Trust land would Farms in Waianae on Oahu, an island Isodendrion pyrifolium and Neraudia provide a relatively low level of where Isodendrion pyrifolium was ovata. The primary direct benefit of additional regulatory conservation historically found; (2) the Trust agrees inclusion of this portion of proposed benefits to Isodendrion pyrifolium and to set aside for outplanting 21 ha (53 ac) unit Hawaii Y2 as critical habitat would Neraudia ovata. Any regulatory of land, consisting of 10 ha (25 ac) in the result from the requirement under conservation benefits would accrue northern portion of the Queen section 7 of the Act that Federal through the benefit associated with Liliuokalani Trust property and 11 ha agencies consult with us to ensure that section 7 consultation associated with (28 ac) in the southeast portion. The any proposed Federal actions do not critical habitat. Based on a review of Trust will also allow for the destroy or adversely modify critical past consultations and consideration of reintroduction of Isodendrion habitat. the likely future activities in this pyrifolium, Neraudia ovata, and other Historically, we have conducted two specific area, we determined that there endangered species that may be found formal and 21 informal consultations is little Federal activity expected to and/or reintroduced on the property under section 7 on the island of Hawaii occur on this privately owned land that into the designated 22 ha (53 ac). These for any of the 47 plant species. None would trigger section 7 consultation. conservation measures are consistent were for Queen Liliuokalani Trust land. (2) Benefits of Exclusion with recovery of these species. As a result of the low level of previous We believe that both of the species for Federal activity on Queen Liliuokalani While the economic analysis which proposed unit Hawaii Y2 was Trust land, and after considering the concludes the designation of critical originally proposed will benefit from likely low probability of Federal habitat on Queen Liliuokalani Trust these management actions. The primary activities that might occur on this land land would not prevent them from benefits are the voluntary propagation (no anticipated Federal permits or developing their property, the analysis and eventual reintroduction of species funding), we think that there is likely to assumes it is reasonably foreseeable that currently extirpated from this area. be a low number of future Federal the designation could cause a delay in The conservation benefits of critical activities that would negatively affect development approvals as additional habitat are primarily regulatory or habitat on the Queen Liliuokalani Trust environmental studies may be prohibitive in nature. But, on the island portion of proposed critical habitat conducted, and State and county of Hawaii, simply preventing ‘‘harmful (DEA 2002). Therefore, there is a low officials investigate the implications of activities’’ will not slow the extinction regulatory benefit of a critical habitat critical habitat on the property. The of listed plant species (Bean 2002). designation in this area. value of the loss of this potential delay Where consistent with the discretion Another possible benefit is that the is estimated to be between $13.8 and provided by the Act, we believe it is designation of critical habitat can serve $21.6 million. necessary to implement policies that to educate the public regarding the In addition, proactive voluntary provide positive incentives to private potential conservation value of an area, conservation efforts are necessary to landowners to voluntarily conserve and this may focus and contribute to prevent the extinction and promote the natural resources, and that remove or conservation efforts by other parties by recovery of these listed plant species on reduce disincentives to conservation clearly delineating areas of high the island of Hawaii and other Hawaiian (Wilcove et al. 1998). We believe that a conservation value for certain species. islands (Shogren et al. 1999; Wilcove voluntary conservation agreement has Any information about these two and Chen 1998; Wilcove et al. 1998). the highest likelihood of success if species and their habitats that reaches a Consideration of this concern is critical habitat is not designated as wide audience, including other parties especially important in areas where currently proposed because the engaged in conservation activities, species have been extirpated and their landowner believes there is an could have a positive conservation recovery requires access and permission unacceptable risk that the critical benefit. for reintroduction efforts (Bean 2002; habitat designation will result in a While we believe this educational Wilcove et al. 1998). For example, since decrease in Queen Liliuokalani Trust’s outcome is important for Isodendrion both species associated with proposed ability to remain economically viable. If pyrifolium and Neraudia ovata, we unit Y2 are extirpated from Queen so, they would lose the ability to believe it has mostly been achieved. Liliuokalani Trust land, repopulation is generate enough income for programs Through the proposal of critical habitat, likely not possible without human that benefit orphan and destitute proposed unit Hawaii Y2, including the assistance and landowner cooperation. Hawaiian children. We believe that the portion that lies within Queen Under the terms of its January 17, landowner’s concerns over these Liliuokalani Trust land, has been 2003, proposal to the Service, Queen potential negative impacts, should identified as essential to the Liliuokalani Trust has agreed to critical habitat be designated, would conservation of two of the 47 plant implement a voluntary conservation affect its voluntary conservation efforts, species addressed in this rule. In partnership with the Service which will which we believe are necessary to addition, the proposed conservation benefit these species. The conservation conserve these species. activities to be conducted within partnership includes the following: (1) Thus, we believe it is essential for the proposed unit Hawaii Y2, assisted by The Trust is willing to partner with us recovery of Isodendrion pyrifolium and the Service, demonstrates that the on a propagation project for the Neraudia ovata to instigate voluntary landowner is already aware of the Isodendrion pyrifolium under a Service conservation activities such as these importance of this area for the cost-sharing agreement. The Trust will that would otherwise not have occurred

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on this property and to provide positive management, weed control, fire boundaries of Queen Liliuokalani Trust incentives for other private landowners suppression, plant propagation, and land. The Service has an important long on the island of Hawaii who might be outplanting. This need for landowner term conservation goal to work considering implementing voluntary cooperation is especially acute because cooperatively with the Native Hawaiian conservation activities but have proposed unit Hawaii Y2 is unoccupied community to help recover Hawaii’s concerns about incurring incidental by both of these species. Future endangered species. The partnership regulatory or economic impacts. conservation efforts, such as with Queen Liliuokalani Trust, as Approximately 80 percent of imperiled reintroduction of these plant species articulated in the Trust’s letter to us, is species in the United States occur partly back onto these lands, will require the an important step forward toward this or solely on private lands where the cooperation of Queen Liliuokalani goal. Service has little management authority Trust. Exclusion of Queen Liliuokalani 5. While we didn’t find designating (Wilcove et al. 1996). In addition, Trust’s land from this critical habitat critical habitat on Queen Lilioukolani recovery actions involving the designation will help the Service Trust land would prevent the Trust from reintroduction of listed species onto maintain and improve the voluntary proceeding with their proposed private lands require the voluntary cooperation of Queen Liliuokalani Trust development or have a significant cooperation of the landowner (Bean by formally recognizing the positive economic impact on them, the potential 2002; James 2002; Knight 1999; Main et contributions of Queen Liliuokalani cost of up to $21.6 million due to al. 1999; Norton 2000; Shogren et al. Trust to plant conservation, and by possible delays in obtaining State and 1999; Wilcove et al. 1998). Therefore, ‘‘a streamlining or reducing unnecessary county approvals and completing the successful recovery program is highly regulatory oversight. A critical habitat development could affect their dependent on developing working designation absent this cooperation willingness to continue their partnerships with a wide variety of would provide little meaningful conservation partnerships. Even if they entities, and the voluntary cooperation conservation benefit to these species did continue to implement conservation of thousands of non-Federal landowners because the land would likely remain activities on their land, this potential and others is essential to accomplishing unoccupied. cost may result in a reduction of the recovery for listed species’ (Crouse et al. 3. Given the agreement between the amount of funding available for 2002). Because large tracts of land landowner and us, as well as other implementing conservation activities. In suitable for conservation of threatened planned conservation activities on their addition, Queen Lilioukolani Trust uses and endangered species are owned by property, we believe the overall revenue from its land holding to provide private landowners, successful recovery regulatory and educational benefits of care for orphans and destitute children of listed species on the island of Hawaii including this portion of the unit as (with a preference to children of Native is especially dependent upon working critical habitat are relatively small. The Hawaiian ancestry). This potential partnerships and the voluntary designation of critical habitat can serve reduction in revenue could have cooperation of non-Federal landowners. to educate the general public as well as significant social and cultural impacts Without additional voluntary conservation organizations regarding the on the community. conservation efforts for these two potential conservation value of an area, 6. It is well documented that publicly species, recovery will not occur. but this goal has been effectively owned lands, lands owned by accomplished through the identification conservation organizations and (3) The Benefits of Exclusion Outweigh of this area in the January 17, 2003, privately owned lands alone, are too the Benefits of Inclusion proposal described above. Likewise, small and poorly distributed to provide Based on the above considerations, there will be little Federal regulatory for the conservation of most listed we have determined that the benefits of benefit to the species because (a) there species (Bean 2002, Crouse et al. 2002). excluding the Queen Liliuokalani Trust is a low likelihood that this proposed Excluding these privately owned lands portion of proposed unit Hawaii Y2 critical habitat unit will be negatively from critical habitat may, by way of from critical habitat outweigh the affected to any significant degree by example, provide positive social, legal, benefits of including it as critical habitat Federal activities requiring section 7 and economic incentives to other non- for Isodendrion pyrifolium and consultation, and (b) the fear that a Federal landowners on the island of Neraudia ovata. critical habitat designation on this Hawaii who own lands that could This conclusion is based on the property will harm the ability of this contribute to listed species recovery if following factors: landowner to generate funds to benefit voluntary conservation measures on 1. The Queen Liliukolani Trust has orphan and destitute Hawaiian children, these lands are implemented (Norton agreed to implement voluntary and any positive educational benefit of 2000; Main et al. 1999; Shogren et al. conservation measures for Isodendrion designation is negatively impacted 1999; Wilcove and Chen 1998). pyrifolium and Neraudia ovata on when the impression is given that In conclusion, we find that the currently unoccupied habitat within conservation goals can undermine the exclusion of critical habitat in the Queen Liliuokalani Trust’s portion of philanthropic goals of the landowner. Queen Liliuokalani Trust portion of proposed unit Hawaii Y2. We are unable to identify any other proposed unit Hawaii Y2 would have a 2. Simple regulation of ‘‘harmful potential benefits associated with net positive conservation effect on the activities’’ is not sufficient to conserve critical habitat for this portion of the recovery and conservation of these species. Critical habitat proposed unit. Isodendrion pyrifolium and Neraudia designation would not encourage, and 4. We believe it is necessary to ovata when compared to the may discourage, reintroductions of these establish positive working relationships conservation effects of a critical habitat species to these lands. Landowner with representatives of the Native designation. As described above, the cooperation and support will be Hawaiian community. This approach of overall benefits to these species of a required to prevent the extinction and excluding critical habitat and entering critical habitat designation on the promote the recovery of all of the listed into a mutually agreeable conservation Queen Liliuokalani Trust portion of island-endemic species caused by the partnership strengthens this proposed unit Hawaii Y2 are relatively need to implement proactive relationship and should lead to small. We conclude there is a greater conservation actions such as ungulate conservation benefits beyond the likelihood of beneficial conservation

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activities occurring in this area of the have designated critical habitat for Summary of Recovery Populations for island of Hawaii without designated Isodendrion pyrifolium within its 255 Hawaiian Plants critical habitat than there would be with historical range on Oahu (habitat for designated critical habitat in this three populations), Molokai (habitat for During the public comment periods location. We reached this conclusion one population), and Maui (habitat for on the proposed designations and because the landowner has agreed to two populations) (68 FR 35949, June 17, nondesignations of critical habitat for implement voluntary conservation 2003; 68 FR 12982, March 19, 2003; 68 plants from the islands of Kauai, Niihau, efforts on their lands without critical FR 25934, May 14, 2003). In addition, Lanai, Maui, Molokai, Northwestern habitat designation. Therefore, we habitat for two populations is within the Hawaiian Islands, Oahu, and the island conclude that the benefits of excluding area excluded from critical habitat on of Hawaii, we received several this portion of proposed unit Hawaii Y2 Lanai (68 FR 1220, January 9, 2003). comments regarding the difficulty of from critical habitat for Isodendrion These other designations identify commenting in an informed manner on pyrifolium and Neraudia ovata conservation areas for the maintenance critical habitat for species occurring on outweigh the benefits of including it. and expansion of the existing more than one island because the populations. (4) Exclusion of This Unit Will Not proposed rules did not provide In sum, the above analysis concludes information on critical habitat proposed Cause Extinction of the Species that an exclusion of Queen Liliuokalani on other islands for multi-island Trust land within proposed unit Hawaii In considering whether or not species. To address this concern, on Y2 from final critical habitat on the exclusion of the Queen Liliuokalani August 20, 2002, we reopened Trust portion of proposed unit Hawaii island of Hawaii will have a net beneficial impact with little risk of simultaneous comment periods for the Y2 might result in the extinction of proposed designations and either of these two species, we first negative impacts. Therefore, the nondesignations of critical habitat for considered the impacts to the species exclusion of the Queen Liliuokalani plant species on the islands of Kauai, endemic to the island of Hawaii, Trust portion of proposed unit Hawaii Niihau, Maui, Molokai, and the Neraudia ovata, and second to Y2 will not cause extinction and should Isodendrion pyrifolium, which is known in fact improve the chances of recovery Northwestern Hawaiian Islands until from the island of Hawaii and other for Isodendrion pyrifolium and September 30, 2002, and for plant Hawaiian islands. Neraudia ovata. species on the islands of Hawaii and Oahu until November 30, 2002. The For both the endemic and the multi- Other Private Landowners island species, we conclude that the new comment periods allowed all As resources allow, the Service would voluntary conservation measures to be interested parties to review all the be willing to consider future revisions provided by Queen Liliuokalani Trust proposals together and submit written or amendments to this final critical and the Service will provide more net comments. A comment period for the habitat rule if other landowners affected conservation benefits than would be proposed designations and by this rule develop conservation provided by designating the portion of nondesignations of critical habitat for programs or partnerships (e.g., Habitat proposed unit Hawaii Y2 as critical plant species on Lanai opened on July Conservation Plans, Safe Harbor habitat. These conservation measures, 15, 2002, and closed on August 30, Agreements, conservation agreements, which are described above, will provide 2002, overlapping with the reopened etc.) on their lands that outweigh the comment periods for the islands tangible proactive conservation benefits regulatory and educational benefits of a mentioned above. that will reduce the likelihood of critical habitat designation. extinction for the two listed plants in As outlined in the above section this area of the island of Hawaii and Taxonomic Changes ‘‘Criteria Used to Identify Critical increase their likelihood of recovery. At the time we listed Delissea Habitat,’’ the overall recovery goal Extinction for either of these species as undulata, Hibiscus brackenridgei, stated in the recovery plans for each of a consequence of this exclusion is Mariscus fauriei, Mariscus these species includes the establishment unlikely because there are no known pennatiformis, and Phyllostegia of 8 to 10 populations with a minimum threats in this portion of proposed unit parviflora, we followed the taxonomic of 100 mature reproducing individuals Hawaii Y2 due to any current or treatments in Wagner et al. (1990), the per population for long-lived reasonably anticipated Federal actions widely used and accepted Manual of the perennials; 300 mature reproducing that might be regulated under section 7 Flowering Plants of Hawaii. Subsequent of the Act. Implementation of the individuals per population for short- to the final listing, we became aware of lived perennials; and 500 mature conservation measures by Queen new taxonomic treatments of these reproducing individuals per population Liliuokalani Trust, and the exclusion of species. Also, in the recently published for annuals. There are some specific their portion of proposed unit Hawaii Hawaii’s and Allies (Palmer Y2, have the greatest likelihood of 2003), Asplenium fragile var. insulare exceptions to this general recovery goal preventing extinction of these two has undergone a taxonomic revision. of 8 to 10 populations for species that species, especially Neraudia ovata, Due to the court-ordered deadlines, we are believed to be very narrowly which is endemic to the island of are required to publish this final rule to distributed on a single island. To be Hawaii. designate critical habitat on the island considered recovered, the populations In addition, critical habitat is being of Hawaii before we can prepare and of a multi-island species should be designated on other areas of the island publish a notice of taxonomic changes distributed among the islands of its of Hawaii for Neraudia ovata (Hawaii for these six species. We plan to publish known historic range. In this final 10—Neraudia ovata—a and Hawaii 18— a taxonomic change notice for these six critical habitat rule, we include a table Neraudia ovata—d), and critical habitat species after we have published the that summarizes the distribution of has been designated elsewhere in the final critical habitat designation on the recovery populations by island for each state for Isodendrion pyrifolium. We island of Hawaii. of the 255 species at issue (Table 5).

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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS

Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI

Abutilon eremitopetalum ...... *8 ...... 8 Abutilon sandwicense ...... 10 ...... 10 Acaena exigua† ...... 0 ...... 0 ...... 0 Achyranthes mutica ...... 2 0 ...... 10 ...... 10 Adenophorus periens ...... 4 1 4 *1 2 0 1 ...... 11 Alectryon macrococcus ...... 2 2 1 *4 ...... 9 Alsinidendron lychnoides ...... 10 ...... 10 Alsinidendron obovatum ...... *1 8 ...... 1 8 Alsinidendron trinerve ...... *1 7 ...... 1 7 Alsinidendron viscosum ...... 9 ...... 9 ...... 1 1 (Nihoa) ...... 181 Argyroxiphium kauense ...... *1 8 ...... 178 Argyroxiphium sandwicense ssp. macrocephalum ...... 5 1 ...... 5 1 Asplenium fragile var. insulare ...... *2 *8 ...... 10 Bidens micrantha ssp. kalealaha ...... 3 7 ...... 10 Bidens wiebkei ...... *9 ...... 9 Bonamia menziesii ...... 2 4 2 0 *1 1 1 ...... 9 Brighamia insignis ...... 9 ...... 1 (Niihau) ...... 10 Brighamia rockii ...... 4 *3 3 ...... 10 Canavalia molokaiensis ...... *10 ...... 10 Cenchrus agrimonioides ...... 7 ...... *1 2 2 0 0 (NWHI)...... 10 Centaurium sebaeoides ...... 4 2 1 *1 2 ...... 10 Chamaesyce celastroides var. kaenana ...... 1 7 ...... 1 7 Chamaesyce deppeana ...... 1 2 ...... 1 2 Chamaesyce halemanui ...... 10 ...... 10 Chamaesyce herbstii ...... 1 7 ...... 1 7 Chamaesyce kuwaleana ...... 1 7 ...... 1 7 Chamaesyce rockii ...... *10 ...... 10 Clermontia drepanomorpha ...... 1 6 ...... 1 6 Clermontia lindseyana ...... 2 8 ...... 10 Clermontia oblongifolia ssp. brevipes ...... 7 ...... 7 Clermontia oblongifolia ssp. mauiensis ...... *3 7 ...... 10 Clermontia peleana ...... 2 0 10 ...... 10 Clermontia pyrularia ...... 1 6 ...... 1 6 Clermontia samuelii ...... 1 5 ...... 1 5 Colubrina oppositifolia ...... 3 ...... 3 4 ...... 10 Ctenitis squamigera ...... 1 1 1 *1 *5 2 0 ...... 9 Cyanea acuminata ...... *10 ...... 10 Cyanea asarifolia ...... 10 ...... 10 Cyanea copelandii ssp. copelandii† ...... 0 ...... 0 Cyanea copelandii ssp. haleakalaensis ...... 8 ...... 8 Cyanea crispa ...... *10 ...... 10 Cyanea dunbarii ...... 10 ...... 10 Cyanea glabra ...... 10 ...... 10 Cyanea grimesiana ssp. grimesiana ...... *4 2 *2 ...... 10. Cyanea grimesiana ssp. obatae ...... *8 ...... 8 Cyanea hamatiflora ssp. carlsonii ...... 1 8 ...... 1 8 Cyanea hamatiflora ssp. hamatiflora ...... 8 ...... 8 Cyanea humboltiana ...... *10 ...... 10 Cyanea koolauensis ...... *10 ...... 10 Cyanea lobata ...... *3 7 ...... 10 Cyanea longiflora ...... *10 ...... 10 Cyanea macrostegia ssp. gibsonii ...... *8 ...... 8 Cyanea mannii ...... *10 ...... 10 Cyanea mceldowneyi ...... 1 5 ...... 1 5 Cyanea pinnatifida ...... 1 4 ...... 1 4 Cyanea platyphylla ...... 9 ...... 9 Cyanea procera ...... *10 ...... 10 Cyanea recta ...... 10 ...... 10 Cyanea remyi ...... 10 ...... 10 Cyanea shipmanii ...... 1 7 ...... 1 7 Cyanea stictophylla ...... 10 ...... 10 Cyanea st.-johnii ...... *10 ...... 10 Cyanea superba ...... 8 ...... 8 Cyanea truncata ...... 10 ...... 10 Cyanea undulata ...... 1 5 ...... 1 5 Cyperus trachysanthos ...... 6 3 2 0 2 0 ...... 3 0 (Niihau) ...... 9 Cyrtandra crenata ...... 0 ...... 0

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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued

Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI

Cyrtandra cyaneoides ...... 10 ...... 10 Cyrtandra dentata ...... *8 ...... 8 Cyrtandra giffardii ...... 10 ...... 10 Cyrtandra limahuliensis ...... 10 ...... 10 Cyrtandra munroi ...... *3 7 ...... 10 Cyrtandra polyantha ...... 1 5 ...... 1 5 Cyrtandra subumbellata ...... 1 7 ...... 1 7 Cyrtandra tintinnabula ...... 9 ...... 9 Cyrtandra viridiflora ...... *8 ...... 8 Delissea rhytidosperma ...... 1 6 ...... 1 6 Delissea rivularis ...... 1 3 ...... 1 3 Delissea subcordata ...... 10 ...... 10 Delissea undulata ...... 3 ...... 2 0*52 0 (Niihau) ...... 8 Diellia erecta ...... 1 1 1 *1 3 2 ...... 9 Diellia falcata ...... *10 ...... 10 Diellia pallida ...... 1 3 ...... 1 3 Diellia unisora ...... 1 6 ...... 1 6 Diplazium molokaiense ...... 1 1 1 *1 6 ...... 10 Dubautia herbstobatae ...... 1 6 ...... 1 6 Dubautia latifolia ...... 1 7 ...... 1 7 Dubautia pauciflorula ...... 1 4 ...... 1,6 4 Dubautia plantaginea ssp. humilis ...... 1 6 ...... 1 6 Eragrostis fosbergii ...... 1 1 ...... 1 1 Eugenia koolauensis ...... *6 2 ...... 8 Euphorbia haeleeleana ...... 6 4 ...... 10 Exocarpos luteolus ...... 10 ...... 10 Flueggea neowawraea ...... 4 *2 1 ...... *1 2 ...... 10 Gahnia lanaiensis ...... *8 ...... 8 Gardenia mannii ...... *10 ...... 10 Geranium arboreum ...... 1 7 ...... 1 7 Geranium multiflorum ...... *8 ...... 8 Gouania meyenii ...... 5 *5 ...... 10 Gouania vitifolia ...... 7 ...... 1 2 ...... 10 Hedyotis cookiana ...... 1 7 ...... 2 0 ...... 1 7 Hedyotis coriacea ...... 2 ...... 2 *6 ...... 10 Hedyotis degeneri ...... 9 ...... 9 Hedyotis mannii ...... * 4 * 2 2 ...... 8 Hedyotis parvula ...... * 9 ...... 9 Hedyotis schlechtendahliana var. remyi ...... * 8 ...... 8 Hedyotis st.-johnii ...... 1 7 ...... 1 7 Hesperomannia arborescens ...... * 6 2 * 1 *2 ...... 11 Hesperomannia arbuscula ...... 5 ...... 5 ...... 10 Hesperomannia lydgatei ...... 6 5 ...... 6 5 Hibiscadelphus giffardianus ...... 1 1 ...... 1 1 Hibiscadelphus hualalaiensis ...... 8 ...... 8 Hibiscadelphus woodii ...... 1 5 ...... 1 5 Hibiscus arnottianus ssp. immaculatus ...... 1 6 ...... 1 6 Hibiscus brackenridgei ...... 2 0 3 1 * 1 3 1 3 0 (Kahoolawe) .... 9 Hibiscus clayi ...... 1 6 ...... 1 6 Hibiscus waimeae ssp. hannerae ...... 8 ...... 8 Ischaemum byrone ...... 3 ...... 2 ...... 2 3 ...... 10 Isodendrion hosakae ...... 8 ...... 8 Isodendrion laurifolium ...... 4 6 ...... 10 Isodendrion longifolium ...... 6 4 ...... 10 Isodendrion pyrifolium ...... 2 0 3 1 * 2 2 0 2 0 (Niihau) ...... 8 Kanaloa kahoolawensis ...... 1 6 (Kahoolawe) .... 1 6 Kokia kauaiensis ...... 8 ...... 8 Labordia cyrtandrae ...... * 10 ...... 10 Labordia lydgatei ...... 6 ...... 6 6 Labordia tinifolia var. lanaiensis ...... * 8 ...... 8 Labordia tinifolia var. wahiawaensis ...... 1 4 ...... 1 4 Labordia triflora ...... * 8 ...... 8 Lepidium arbuscula ...... * 10 ...... 10 Lipochaeta fauriei ...... 1 6 ...... 1 6 Lipochaeta kamolensis ...... * 1 6 ...... 1 6 Lipochaeta lobata var. leptophylla ...... 10 ...... 10 Lipochaeta micrantha ...... 1 4 ...... 1 4

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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued

Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI

Lipochaeta tenuifolia ...... * 1 5 ...... 1 5 Lipochaeta waimeaensis ...... 1 1 ...... 1 1 Lobelia gaudichaudii ssp. koolauensis ...... * 9 ...... 9 Lobelia monostachya ...... 1 7 ...... 1 7 Lobelia niihauensis ...... 7 * 3 ...... 10 Lobelia oahuensis ...... 10 ...... 10 Lysimachia filifolia ...... 4 6 ...... 10 Lysimachia lydgatei ...... * 8 ...... 8 Lysimachia maxima ...... 10 ...... 10 Mariscus fauriei ...... 7 2 0 ...... 1 ...... 8 Mariscus pennatiformis ...... 3 4 ...... 2 2 0 1 (NWHI)...... 10 Marsilea villosa ...... 4 4 0 ...... 6 4 Melicope adscendens ...... * 1 1 ...... 1 1 Melicope balloui ...... * 1 3 ...... 1 3 Melicope haupuensis ...... 1 7 ...... 1 7 Melicope knudsenii ...... 1 5 ...... * 1 2 ...... 1 7 Melicope lydgatei ...... * 10 ...... 10 Melicope mucronulata ...... * 7 ...... * 2 ...... 9 Melicope munroi ...... 2 0 * 8 ...... 8 Melicope ovalis ...... 3 ...... 3 Melicope pallida ...... 3 6 ...... 9 Melicope reflexa ...... 8 ...... 8 Melicope quadrangularis † ...... 0 ...... 0. Melicope saint-johnii ...... 1 3 ...... 1 3 Melicope zahlbruckneri ...... 1 3 ...... 1 3 Munroidendron racemosum ...... 10 ...... 10 Myrsine juddii ...... *10 ...... 10 Myrsine linearifolia ...... 9 ...... 9 Neraudia angulata ...... *10 ...... 10 Neraudia ovata ...... *8 ...... 8 Neraudia sericea † ...... 6 *1 7 ...... 2 0 (Kahoolawe) .... 14 Nothocestrum breviflorum ...... 9 ...... 9 Nothocestrum peltatum ...... 9 ...... 9 Nototrichium humile ...... *8 ...... 2 ...... 10 Ochrosia kilaueaensis † ...... 0 ...... 0 Panicum niihauense ...... 1 7 ...... 1 7 Peucedanum sandwicense ...... 4 *2 3 ...... 2 ...... 11 Phlegmariurus mannii ...... 2 0 ...... *8 2 0 ...... 8 Phlegmariurus nutans ...... 3 *7 ...... 10 Phyllostegia glabra var. lanaiensis † ...... 0 ...... 0 Phyllostegia hirsuta ...... *9 ...... 9 Phyllostegia kaalaensis ...... 10 ...... 10 Phyllostegia knudsenii ...... 1 3 ...... 1 3 Phyllostegia mannii ...... *8 ...... 2 ...... 10 Phyllostegia mollis ...... *4 *3 ...... 3 ...... 10 Phyllostegia parviflora ...... 9 ...... 2 0 2 0 ...... 9 Phyllostegia racemosa ...... *10 ...... 10 Phyllostegia velutina ...... *10 ...... 10 Phyllostegia waimeae ...... 1 1 ...... 1 1 Phyllostegia warshaueri ...... 10 ...... 10 Phyllostegia wawrana ...... 8 ...... 8 Plantago hawaiensis ...... 10 ...... 10 Plantago princeps ...... 4 3 1 ...... 2 2 0 ...... 10 Platanthera holochila ...... 4 2 *2 ...... 2 ...... 10 Pleomele hawaiiensis ...... *10 ...... 10 Poa mannii ...... 10 ...... 10 Poa sandvicensis ...... 7 ...... 7 Poa siphonoglossa ...... 10 ...... 10 Portulaca sclerocarpa ...... 1 ...... *9 ...... 10 Pritchardia affinis † ...... 0 ...... 0 Pritchardia aylmer-robinsonii † ...... 0 (Niihau) ...... 0 Pritchardia kaalae † ...... 0 ...... 0 Pritchardia munroi † ...... 0 ...... 0 Pritchardia napaliensis † ...... 0 ...... 0 Pritchardia remota ...... 1 2 (NWHI) ...... 1,8 2 Pritchardia schattaueri † ...... 0 ...... 0 Pritchardia viscosa † ...... 0 ...... 0

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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued

Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI

Pteralyxia kauaiensis ...... 9 ...... 9 Pteris lidgatei ...... *4 3 ...... 3 ...... 10 ...... 10 ...... 10 Remya mauiensis ...... *1 6 ...... 1 6 Remya montgomeryi ...... 1 7 ...... 1 7 Sanicula mariversa ...... 1 6 ...... 1 6 Sanicula purpurea ...... *6 ...... 4 ...... 10 Schiedea apokremnos ...... 9 ...... 9 Schiedea haleakalensis ...... 1 2 ...... 1 2 Schiedea helleri ...... 1 7 ...... 1 7 Schiedea hookeri ...... *10 ...... 2 0 ...... 10 Schiedea kaalae ...... 10 ...... 10 Schiedea kauaiensis ...... 1 7 ...... 1 7 Schiedea kealiae ...... 1 4 ...... 1 4 Schiedea lydgatei ...... 10 ...... 10 Schiedea membranacea ...... 7 ...... 7 Schiedea nuttallii ...... 2 6 2 ...... 2 0 ...... 10 Schiedea sarmentosa ...... 10 ...... 10 Schiedea spergulina var. leiopoda ...... 1 1 ...... 1 1 Schiedea spergulina var. spergulina ...... 1 6 ...... 1 6 Schiedea stellarioides ...... 1 6 ...... 1 6 Schiedea verticillata ...... 1 1(NWHI) ...... 181 Sesbania tomentosa ...... 2 2 2 3 0 2 2 3 0 (Kahoolawe) 2 12 (NWHI). Sicyos alba ...... 10 ...... 10 Silene alexandri ...... * 10 ...... 10 Silene hawaiiensis ...... * 10 ...... 10 Silene lanceolata ...... 0 * 2 2 0 ...... * 6 ...... 10 Silene perlmanii ...... 1 6 ...... 1 6 Solanum incompletum ...... 0 ...... 0 * 1 0 * 9 ...... 10 Solanum sandwicense ...... 6 * 4 ...... 10 Spermolepis hawaiiensis ...... 2 2 1 * 1 2 * 2 ...... 10 Stenogyne bifida ...... * 10 ...... 10 Stenogyne campanulata ...... 1 3 ...... 1 3 Stenogyne kanehoana ...... * 1 5 ...... 1 5 Tetramolopium arenarium ...... 2 0 * 1 7 ...... * 1 7 Tetramolopium capillare ...... 1 6 ...... 1 6 Tetramolopium filiforme ...... * 1 6 ...... 1 6 Tetramolopium lepidotum ssp. lepidotum ...... 8 ...... 2 0 ...... 8 Tetramolopium remyi ...... * 6 3 ...... 9 Tetramolopium rockii ...... 1 4 ...... 1 4 Tetraplasandra gymnocarpa ...... * 9 ...... 9 Trematolobelia singularis ...... 1 6 ...... 1 6 Urera kaalae ...... * 9 ...... 9 Vigna o-wahuensis ...... 0 3 * 1 * 1 1 4 3 0 (Kahoolawe) .... 10 Viola chamissoniana ssp. chamissoniana ...... * 10 ...... * 10 Viola helenae ...... 6 5 ...... 6 5 Viola kauaiensis var. wahiawaensis ...... 1 5 ...... 1 5 Viola lanaiensis ...... * 8 ...... 8 Viola oahuensis ...... * 10 ...... 10 Wilkesia hobdyi ...... 9 ...... 9 Xylosma crenatum ...... 1 5 ...... 1 5 Zanthoxylum dipetalum var. tomentosum ...... 1 7 ...... 1 7 Zanthoxylum hawaiiense ...... 2 ...... 1 0 1 * 6 ...... 10 * Including on lands excluded under 4(b)(2)). † Critical habitat not prudent. 1 We do not believe that sufficient suitable habitat currently exists to reach the recovery goal of 8 to 10 populations. 2 We are unable to identify any habitat essential to its conservation on the island. 3 Habitat not essential to the conservation of the species. 4 We plan to publish a separate rule to designate critical habitat for the species. 5 Only one population of greater than 50,000 mature individuals is required for recovery of this species. 6 Five to six populations required for recovery. 7 At least 10 populations of 2,000 individuals are required for recovery of this species. 8 At least five populations on Nihoa and one to three additional populations on another island.

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This table includes the following analysis that describes the effect of the Kamehameha Schools is the largest information: (1) The number of rule on small entities (i.e., small charitable trust in Hawaii, as well as the populations on each island we believe businesses, small organizations, and State’s largest private landowner; it also the designated critical habitat or other small governmental jurisdictions). has a substantial investment in habitat essential for the conservation of However, no regulatory flexibility securities and owns real estate in other the species can provide for; (2) the analysis is required if the head of the states. In 2001, Kamehameha Schools species for which we are unable to agency certifies that the rule will not had over $1 billion in revenues, gains, identify any habitat essential to their have a significant economic impact on and other support (Kamehameha conservation (e.g., Adenophorus periens a substantial number of small entities. Schools 2001). Thus, it is not likely to on Maui); (3) the species for which SBREFA amended the RFA to require be considered a small organization. sufficient habitat essential to their Federal agencies to provide a statement To determine if the rule would affect conservation is not available for at least of the factual basis for certifying that a a substantial number of small private eight populations (e.g., Alsinidendron rule will not have a significant entities, we consider the number of obovatum on the island of Oahu); the economic impact on a substantial small entities affected within particular species for which we determined the number of small entities. types of economic activities (e.g., designation of critical habitat is not Based on the information in our housing development, grazing, oil and prudent (e.g., Pritchardia kaalae); economic analysis (draft economic gas production, timber harvesting) in proposed critical habitat identified as analysis and addendum), we are this particular area/market affected by not essential during the public comment certifying that the critical habitat the regulation. We apply the periods and removed from final designation for 41 island of Hawaii ‘‘substantial number’’ test individually designation (e.g., proposed critical plant species will not have a significant to each industry to determine if habitat for Sesbania tomentosa on effect on a substantial number of small certification is appropriate. In Kahoolawe); the species for which the entities because a substantial number of estimating the numbers of small entities general recovery goal of 8 to 10 small entities are not affected by the potentially affected, we also consider populations does not apply (e.g., designation. whether their activities have any Hesperomannia lydgatei); and the SBREFA does not explicitly define Federal involvement. Some kinds of species whose population recovery either ‘‘substantial number’’ or activities are unlikely to have any goals include habitat that has been ‘‘significant economic impact.’’ Federal involvement, and so will not be excluded from critical habitat Consequently, to assess whether a affected by critical habitat designation. designation under section 4(b)(2) of the ‘‘substantial number’’ of small entities is The primary projects and activities by Act. affected by this designation, this private entities that might be directly analysis considers the relative number affected by the designation that could Required Determinations of small entities likely to be impacted in affect small entities include farming and the area. Similarly, this analysis ranching operations and lending Regulatory Planning and Review considers the relative cost of institutions. Based on our draft In accordance with Executive Order compliance on the revenues/profit economic analysis and addendum, there 12866, the Office of Management and margins of small entities in determining were 1,400 diversified farmers and 470 Budget (OMB) has determined that this whether or not entities incur a ranchers in Hawaii County in 2000. The critical habitat designation is not a ‘‘significant economic impact.’’ Only 2000 average annual sales for diversified significant regulatory action. This rule small entities that are expected to be farmers on the island of Hawaii were will not have an annual economic effect directly affected by the designation are $59,600 per farmer, and the average of $100 million or more or adversely considered in this portion of the annual sales for ranchers were $30,100 affect any economic sector, analysis. This approach is consistent per rancher (DBEDT 2002). Since $8,700 productivity, competition, jobs, the with several judicial opinions related to is 15 percent of the average annual sales environment, or other units of the scope of the RFA (Mid-Tex Electric for a diversified farmer and 29 percent government. This designation will not Co-Op, Inc. v. F.E.R.C. and America of the average annual sales for a rancher, create inconsistencies with other Trucking Associations, Inc. v. EPA.) it is assumed that critical habitat will agencies’ actions or otherwise interfere Small entities include small have a significant economic impact (i.e., with an action taken or planned by organizations, such as independent 3 percent or more of a business’s annual another agency. It will not materially nonprofit organizations, and small sales) on the farmers or ranchers. affect entitlements, grants, user fees, governmental jurisdictions, including However, there are 1,400 diversified loan programs, or the rights and school boards and city and town farmers and 470 ranchers on the island obligations of their recipients. Finally, governments that serve fewer than of Hawaii. Based on the annual sales this designation will not raise novel 50,000 residents, as well as small figures, we can define most of these legal or policy issues. Accordingly, businesses. By this definition, Federal farmers and ranchers as small OMB has not formally reviewed this and State governments and Hawaii businesses (i.e., less than $750,000 in final critical habitat designation. County are not a small governmental annual sales). Five farmers or ranchers jurisdictions because its population was represent 0.3 percent of the number of Regulatory Flexibility Act (5 U.S.C. 601 148,677 in 2000. diversified farmers and 1 percent of the et seq.) SBREFA further defines ‘‘small number of ranchers on the island of Under the Regulatory Flexibility Act organization’’ as any not-for-profit Hawaii. This does not equal a (RFA) (as amended by the Small enterprise that is independently owned substantial number of the small Business Regulatory Enforcement and operated and is not dominant in its businesses in either the diversified Fairness Act (SBREFA) of 1996), field. TNCH is a large organization that farming or ranching industries. whenever a Federal agency is required is dominant in the conservation and Our economic analysis also found to publish a notice of rulemaking for land management field on the Big there are between two and three small any proposed or final rule, it must Island. Thus, according to RFA/SBREFA lending institutions on the island of prepare and make available for public definitions, TNCH is not likely to be Hawaii that may be involved in section comment a regulatory flexibility considered a small organization. 7 consultations regarding HUD loan

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programs. Participation in the hawaiiensis and the palila (or sclerocarpa, Silene hawaiiensis, Silene consultation was estimated to cost honeycreeper, Loxioides bailleui), a lanceolata, Solanum incompletum, $1,400, and conducting the biological listed bird, were the two species Tetramolopium arenarium, and survey was estimated to cost $3,900, so addressed in the biological opinion, Zanthoxylum hawaiiense) and 3 listed the total impact was estimated to be which concluded that with the plants not in today’s rule. Eleven $5,300 per lending institution. The conservation and mitigation measures informal consultations were conducted average annual revenues for the two to built into the project by FHWA, the with the Army concerning PTA: 3 on three small lending institutions is project was not likely to jeopardize the archery hunts regarding Silene unknown. If they each earn less than continued existence of the two species hawaiiensis and 3 listed plants not in $176,700 in annual sales ($5,300 and was not likely to adversely modify today’s rule; 1 on a grenade machine divided by 3 percent), the economic critical habitat for the palila. Neither of gun range regarding Asplenium fragile impact attributable to critical habitat the two formal consultations directly var. insulare and Silene hawaiiensis; 1 would be a significant economic impact affected or concerned small entities. In on a quarry rock crusher regarding to the lending institutions (i.e., greater both consultations, we concluded that Silene hawaiiensis and a listed plant not than 3 percent of annual sales). There the preferred alternative for the project, in today’s rule; 1 on the proposed are currently 26 mortgage lending with accompanying conservation and acquisition of a Parker Ranch parcel institutions on the island of Hawaii. Of mitigation procedures, was not likely to regarding Silene lanceolata and a listed these, 23 meet the SBA definition of a jeopardize the continued existence of plant not in today’s rule; 1 on military small business (i.e., less that $6 million the species. The only ongoing project is training regarding Hedyotis coriacea, in annual sales) (Dun & Bradstreet the Saddle Road realignment, which Portulaca sclerocarpa, Silene 2002). Two to three lending institutions does not directly affect small entities. hawaiiensis, Silene lanceolata, out of 23 (9 to 13 percent) will Neither of these formal consultations Tetramolopium arenarium, and potentially be subject to a significant directly affected or concerned small Zanthoxylum hawaiiense; 2 on threats economic impact. This does not equal a entities, nor does the ongoing project to rare plants from feral ungulates substantial number of the small lending directly affect small entities. As a result, regarding 8 of the 41 species institutions on the island of Hawaii. the requirement to reinitiate (Asplenium fragile var. insulare, The actual impacts of the final rule consultation for ongoing projects will Hedyotis coriacea, Portulaca may even be smaller. These estimates not affect a substantial number of small sclerocarpa, Silene hawaiiensis, Silene were based on the proposed entities on the island of Hawaii. lanceolata, Solanum incompletum, designations. However, this final rule Three of the 21 informal consultations Tetramolopium arenarium, and designates 92,737 ha (229,147 ac) less Zanthoxylum hawaiiense) as well as 3 than had been proposed, or a 52 percent that have been conducted on the island of Hawaii concern the National Park listed plants not in today’s rule; 1 on the reduction. Ecosystem Management Plan regarding These conclusions are supported by Service’s Hawaii Volcanoes National 9 of the 41 species (Asplenium fragile the history of consultations on the Park: One on fence construction for the var. insulare, Hedyotis coriacea, island of Hawaii. Since these 41 plant purpose of excluding ungulates and Neraudia ovata, Portulaca sclerocarpa, species were listed (between 1991 and regarding three of the 41 species Silene hawaiiensis, Silene lanceolata, 1996), we have conducted 21 informal (Asplenium fragile var. insulare, Solanum incompletum, Tetramolopium consultations and only two formal Plantago hawaiensis, and Silene arenarium, and Zanthoxylum consultations on the island of Hawaii, hawaiiensis) as well as 1 listed bird and hawaiiense) as well as the listed 11 of which concerned PTA, in addition 2 listed plants not included in the 41 Hawaiian hoary bat and 2 listed plants to consultations on Federal grants to species in today’s rule; 1 on use of the State wildlife programs, which also do Marsokhod planetary rover at Kilauea not in today’s rule; and 1 consultation not affect small entities. The 21 informal Volcano’s summit regarding Silene concerning PTA’s Ecosystem consultations have concerned 10 of the hawaiiensis; and 1 on outplanting food Management Plan, Endangered Species 41 species (Asplenium fragile var. plants for the endangered Hawaiian Management Plan, and Fire insulare, Mariscus fauriei, Neraudia nene goose regarding Sesbania Management Plan regarding the same 9 ovata, Nothocestrum breviflorum, tomentosa and 2 listed birds. Four species, bat, and 2 listed plants referred Plantago hawaiensis, Pleomele informal consultations were conducted to just above. Two informal hawaiiensis, Portulaca sclerocarpa, with the Army Corps of Engineers consultations were conducted with the Sesbania tomentosa, Silene hawaiiensis, (ACOE): 1 for the Defense FHWA on Kealakehe Parkway and Solanum incompletum). Environmental Restoration Program on construction regarding 3 of the 41 One of the two formal consultations removal of unexploded ordnance from species (Mariscus fauriei, Nothocestrum involving the 41 species was conducted the former Waikoloa Maneuver Area breviflorum, and Pleomele hawaiiensis) with the Army regarding the addition of regarding Portulaca sclerocarpa; 1 on as well as 1 listed plant not included in two firing lanes to Range 8 at PTA. the Alenaio Stream flood control project the 41 species in today’s rule, and Silene hawaiiensis, one of the 41 in Hilo regarding Asplenium fragile var. Pritchardia affinis, for which we species, was the only listed species insulare as well as several listed birds determine that the designation of addressed in the biological opinion, and a listed plant not included in critical habitat is not prudent in today’s which concluded that with today’s rule; 1 for the Multi-Purpose rule. implementation of the preferred Range Complex at PTA regarding None of these informal consultations alternative and accompanying Asplenium fragile var. insulare, directly affected or concerned small mitigation procedures, the project was Hedyotis coriacea, Silene hawaiiensis, entities. In all 21 informal consultations, not likely to jeopardize the continued Silene lanceolata, and 1 listed plant not we concurred with each agency’s existence of the species. The other in today’s rule; and 1 consultation for determination that the project, as formal consultation was with the the Endangered Species Management proposed or modified, was not likely to Federal Highway Administration Plan for PTA regarding 8 of the 41 adversely affect listed species. The only (FHWA) on realignment of and species (Asplenium fragile var. insulare, ongoing projects are Kealakehe Parkway improvements to Saddle Road. Silene Hedyotis coriacea, Portulaca and those concerning military training

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and management plans at PTA, which in these documents, we believe that this Protected Private Property Rights’’), we do not directly affect small entities. rule will not have an annual effect on have analyzed the potential takings None of these consultations directly the economy of $100 million or more; implications of designating critical affected or concerned small entities, and will not cause a major increase in costs habitat for the 41 species from the none of the ongoing projects directly or prices for consumers, and will not island of Hawaii in a takings affect small entities. As a result, the have significant adverse effects on implications assessment. The takings requirement to reinitiate consultation competition, employment, investment, implications assessment concludes that for ongoing projects will not affect a productivity, innovation, or the ability this final rule does not pose significant substantial number of small entities on of U.S.-based enterprises to compete takings implications. the island of Hawaii. with foreign-based enterprises. Refer to Federalism Even where the requirements of the final addendum to the economic section 7 might apply due to critical analysis for a discussion of the effects of In accordance with Executive Order habitat, based on our experience with this determination. 13132, this final rule does not have section 7 consultations for all listed significant Federalism effects. A species, virtually all projects—including Executive Order 13211 Federalism assessment is not required. those that, in their initial proposed On May 18, 2001, the President issued In keeping with Department of Interior form, would result in jeopardy or Executive Order 13211, on regulations policy, we requested information from adverse modification determinations that significantly affect energy supply, appropriate State agencies in Hawaii. under section 7—can be implemented distribution, and use. Executive Order This rule imposes no regulatory successfully with, at most, the adoption 13211 requires agencies to prepare requirements unless an agency is of reasonable and prudent alternatives. Statements of Energy Effects when seeking Federal funding or These measures by definition must be undertaking certain actions. Although authorization, so it does not have economically feasible and within the this rule is a significant regulatory Federal implications. In addition, this scope of authority of the Federal agency action under Executive Order 12866, it rule will not have substantial direct involved in the consultation. is not expected to significantly affect compliance costs because many of the For these reasons, we are certifying energy production supply and planned projects that could affect that the designation of critical habitat distribution facilities because no critical habitat have no Federal for Achyranthes mutica, Adenophorus significant energy production, supply, involvement. periens, Argyroxiphium kauense, and distribution facilities are included The designations may have some Asplenium fragile var. insulare, within designated critical habitat. benefit to these governments, in that the Bonamia menziesii, Clermontia Further, for the reasons described in the areas essential to the conservation of drepanomorpha, Clermontia economic analysis, we do not believe these species are more clearly defined, lindseyana, Clermontia peleana, that designation of critical habitat for and the primary constituent elements of Clermontia pyrularia, Colubrina the 41 species on the island of Hawaii the habitat necessary to the survival of oppositifolia, Cyanea hamatiflora ssp. will affect future energy production. the species are specifically identified. carlsonii, Cyanea platyphylla, Cyanea Therefore, this action is not a significant While this definition and identification shipmanii, Cyanea stictophylla, energy action, and no Statement of do not alter where and what federally Cyrtandra giffardii, Cyrtandra Energy Effects is required. sponsored activities may occur, they tintinnabula, Delissea undulata, Diellia may assist these local governments in erecta, Flueggea neowawraea, Gouania Unfunded Mandates Reform Act (2 long-range planning, rather than waiting vitifolia, Hibiscadelphus giffardianus, U.S.C. 1501 et seq.) for case-by-case section 7 consultation Hibiscadelphus hualalaiensis, Hibiscus In accordance with the Unfunded to occur. brackenridgei, Ischaemum byrone, Mandates Reform Act (2 U.S.C. 1501 et Civil Justice Reform Isodendrion hosakae, Mariscus fauriei, seq.): Melicope zahlbruckneri, Neraudia (a) This rule will not ‘‘significantly or In accordance with Executive Order ovata, Nothocestrum breviflorum, uniquely’’ affect small governments. A 12988, the Department of the Interior’s Phyllostegia racemosa, Phyllostegia small Government Agency Plan is not Office of the Solicitor has determined velutina, Phyllostegia warshaueri, required. Small governments will not be that this rule does not unduly burden Plantago hawaiensis, Pleomele affected unless they propose an action the judicial system and does meet the hawaiiensis, Portulaca sclerocarpa, requiring Federal funds, permits, or requirements of sections 3(a) and 3(b)(2) Sesbania tomentosa, Sicyos alba, Silene other authorizations. Any such activities of the Order. We have designated hawaiiensis, Solanum incompletum, will require that the Federal agency critical habitat in accordance with the Vigna o-wahuensis, and Zanthoxylum ensure that the action will not adversely provisions of the Endangered Species dipetalum ssp. tomentosum will not modify or destroy designated critical Act. The rule uses standard property have a significant economic impact on habitat. descriptions and identifies the primary a substantial number of small entities. (b) This rule will not produce a constituent elements within the Therefore, a regulatory flexibility Federal mandate on State or local designated areas to assist the public in analysis is not required. governments or the private sector of understanding the habitat needs of the $100 million or greater in any year; that 41 plant species from the island of Small Business Regulatory Enforcement is, it is not a ‘‘significant regulatory Hawaii. Fairness Act (5 U.S.C. 804(2)) action’’ under the Unfunded Mandates Paperwork Reduction Act of 1995 (44 Under the Small Business Regulatory Reform Act. The designation of critical U.S.C. 3501 et seq.) Enforcement Fairness Act (5 U.S.C. 801 habitat imposes no obligations on State et seq.), this rule is not a major rule. Our or local governments. This rule does not contain any detailed assessment of the economic information collection requirements for effects of this designation are described Takings which OMB approval under the in the draft economic analysis and the In accordance with Executive Order Paperwork Reduction Act is required. final addendum to the economic 12630 (‘‘Government Actions and An agency may not conduct or sponsor, analysis. Based on the effects identified Interference with Constitutionally and a person is not required to respond

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to, a collection of information unless it 41 species does not involve any Tribal entries for Achyranthes mutica, displays a valid OMB control number. lands. Argyroxiphium kauense, Bonamia menziesii, Clermontia drepanomorpha, National Environmental Policy Act References Cited Clermontia lindseyana, Clermontia A complete list of all references cited We have determined that we do not peleana, Clermontia pyrularia, in this final rule is available upon Colubrina oppositifolia, Cyanea need to prepare an Environmental request from the Pacific Islands Fish Assessment and/or an Environmental hamatiflora ssp. carlsonii, Cyanea and Wildlife Office (see ADDRESSES platyphylla, Cyanea shipmanii, Cyanea Impact Statement as defined by the section). National Environmental Policy Act of stictophylla, Cyrtandra giffardii, 1969 in connection with regulations Authors Cyrtandra tintinnabula, Delissea adopted pursuant to section 4(a) of the The primary authors of this final rule undulata, Flueggea neowawraea, Endangered Species Act. We published are staff of the Pacific Islands Fish and Gouania vitifolia, Hibiscadelphus a notice outlining our reason for this Wildlife Office (see ADDRESSES section). giffardianus, Hibiscadelphus determination in the Federal Register hualalaiensis, Hibiscus brackenridgei, List of Subjects in 50 CFR Part 17 on October 25, 1983 (48 FR 49244). This Ischaemum byrone, Isodendrion determination does not constitute a Endangered and threatened species, hosakae, Mariscus fauriei, Melicope major Federal action significantly Exports, Imports, Reporting and zahlbruckneri, Neraudia ovata, affecting the quality of the human recordkeeping requirements, Nothocestrum breviflorum, Phyllostegia environment. Transportation. racemosa, Phyllostegia velutina, Government-to-Government Regulation Promulgation Phyllostegia warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, Relationship With Tribes ■ Accordingly, we hereby amend part Portulaca sclerocarpa, Sesbania 17, subchapter B of chapter I, title 50 of In accordance with the President’s tomentosa, Sicyos alba, Silene the Code of Federal Regulations as set memorandum of April 29, 1994, forth below: hawaiiensis, Solanum incompletum, ‘‘Government-to-Government Relations Vigna o-wahuensis, and Zanthoxylum with Native American Tribal PART 17—[AMENDED] dipetalum ssp. tomentosum to read as Governments’’ (59 FR 22951) Executive follows; and Order 13175 and the Department of the ■ 1. The authority citation for part 17 ■ Interior’s manual at 512 DM 2, we continues to read as follows: b. Under the table’s heading FERNS readily acknowledge our responsibility Authority: 16 U.S.C. 1361–1407; 16 U.S.C. AND ALLIES, by revising the entries for to communicate meaningfully with 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Adenophorus periens, Asplenium fragile recognized Federal Tribes on a 625, 100 Stat. 3500; unless otherwise noted. var. insulare, and Diellia erecta to read government-to-government basis. We ■ 2. Amend § 17.12(h), the List of as follows. have determined that there are no Tribal Endangered and Threatened Plants, as § 17.12 Endangered and threatened plants. lands essential for the conservation of set forth below: these 41 plant species. Therefore, ■ a. Under the table’s heading * * * * * designation of critical habitat for these FLOWERING PLANTS, by revising the (h) * * *

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

FLOWERING PLANTS

******* Achyranthes None ...... U.S.A (HI) ...... ...... E 592 17.99(k) ...... NA mutica.

******* Argyroxiphium Mauna Loa U.S.A. (HI) ...... Asteraceae ...... E 497 17.99(k) ...... NA kauense. silversword.

******* Bonamia None ...... U.S.A. (HI) ...... Convolvulaceae ...... E 559 17.99(a)(1), NA menziesii. (e)(1), (i), and (k).

******* Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 595 17.99(k) ...... NA drepanomorpha. Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(e)(1) and NA lindseyana. (k).

******* Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA peleana. Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA pyrularia.

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

******* Colubrina Kauila ...... U.S.A. (HI) ...... Rhamnaceae ...... E 532 17.99(e)(1), (i), NA oppositifolia. and (k).

******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA hamatiflora ssp. carlsonii.

******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 595 17.99(k) ...... NA platyphylla.

******* Cyanea shipmanii Haha ...... U.S.A. (HI)...... Campanulaceae ...... E 532 17.99(k) ...... NA

******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA stictophylla.

******* Cyrtandra giffardii Haiwale ...... U.S.A. (HI) ...... ...... E 532 17.99(k) ...... NA

******* Cyrtandra Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 532 17.99(k) ...... NA tintinnabula.

******* Delissea undulata None ...... U.S.A. (HI) ...... Campanulaceae ...... E 593 17.99(a)(1) and NA (k).

******* Flueggea Mehamehame ..... U.S.A. (HI) ...... Euphorbiaceae ...... E 559 17.99(a)(1), (c), NA neowawraea. (e)(1), (i) and (k).

******* Gouania vitifolia ... None ...... U.S.A. (HI) ...... Rhamnaceae ...... E 541 17.99(e)(1), and NA (k).

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... Malvaceae ...... E 595 17.99(k) ...... NA giffardianus. Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... Malvaceae ...... E 595 17.99(k) ...... NA hualalaiensis.

******* Hibiscus Mao hau hele ..... U.S.A. (HI) ...... Malvaceae ...... E 559 17.99(c), (e)(1), NA brackenridgei. (i), and (k).

******* Ischaemum Hilo ischaemum .. U.S.A. (HI) ...... Poaceae ...... E 532 17.99(a)(1), (c), NA byrone. (e)(1), and (k). Isodendrion Aupaka ...... U.S.A (HI) ...... Violaceae ...... T 414 17.99(k) ...... NA hosakae.

******* Mariscus fauriei ... None ...... U.S.A (HI) ...... Cyperaceae ...... E 532 17.99(c) and (k) .. NA

******* Melicope Alani ...... U.S.A (HI) ...... Rutaceae ...... E 595 17.99(k) ...... NA zahlbruckneri.

******* Neraudia ovata .... None ...... U.S.A (HI) ...... Urticaceae ...... E 595 17.99(k) ...... NA

******* Nothocestrum Aiea ...... U.S.A (HI) ...... Solanaceae ...... E 532 17.99(k) ...... NA breviflorum.

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

******* Phyllostegia Kiponapona ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA racemosa.

******* Phyllostegia None ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA velutina.

******* Phyllostegia None ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA warshaueri.

******* Plantago Laukahi kuahiwi .. U.S.A (HI) ...... Plantaginaceae ...... E 532 17.99(k) ...... NA hawaienis.

******* Pleomele Hala pepe ...... U.S.A (HI) ...... Liliaceae ...... E 595 17.99(k) ...... NA hawaiiensis.

******* Portulaca Poe ...... U.S.A (HI) ...... Portulacaceae ...... E 532 17.96(b) and NA sclerocarpa. 17.99(k).

******* Sesbania Ohai ...... U.S.A (HI) ...... Fabaceae ...... E 559 17.99(a)(1), (c), NA tomentosa. (e)(1), (g), (i), and (k).

******* Sicyos alba ...... Anunu ...... U.S.A (HI) ...... Cucurbitaceae ...... E 595 17.99(k) ...... NA

******* Silene hawaiiensis None ...... U.S.A (HI) ...... Caryophyllaceae ...... T 532 17.99(k) ...... NA

******* Solanum Popolo ku mai .... U.S.A (HI) ...... Solanaceae ...... E 559 17.99(k) ...... NA incompletum.

******* Vigna o- None ...... U.S.A (HI) ...... Fabaceae ...... E 559 17.99(e)(1), (i), NA wahuensis. and (k).

******* Zanthoxylum Ae ...... U.S.A (HI) ...... Rutaceae ...... E 595 17.99(k) ...... NA dipetalum var. tomentosum.

******* FERNS AND ALLIES Adenophorus Pendent kihi fern U.S.A (HI) ...... Grammitidaceae ...... E 559 17.99(a)(1), (c), NA periens. (i), and (k).

******* Asplenium fragile None ...... U.S.A (HI) ...... Aspleniaceae ...... E 553 17.99(e)(1) and NA var. insulare. (k).

******* Diellia erecta ...... Asplenium-leaved U.S.A (HI) ...... Aspleniaceae ...... E 559 17.99(a)(1), (c), NA diellia. (e)(1), (i), and (k).

*******

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■ 3. Amend § 17.99 as set forth below: features (including but not limited to worship or shrines) and other ■ a. By revising the section heading to pumping stations, irrigation ditches, archaeological sites, airports, other read as follows; and pipelines, siphons, tunnels, water tanks, paved areas, and lawns and other rural ■ b. By adding new paragraphs (k) and gaging stations, intakes, reservoirs, residential landscaped areas do not (l) to read as follows. diversions, flumes, and wells; existing contain the primary constituent § 17.99 Critical habitat; plants on the trails), campgrounds and their elements described for each species in islands of Kauai, Niihau, Molokai, Maui, immediate surrounding landscaped paragraph (l) of this section and Kahoolawe, Oahu, and Hawaii, HI, and on area, scenic lookouts, remote helicopter therefore are not included in the critical the Northwestern Hawaiian Islands. landing sites, existing fences, habitat designations. Coordinates are in (k) Maps and critical habitat unit telecommunications towers and UTM Zone 5 with units in meters using descriptions for the island of Hawaii, associated structures and equipment, North American Datum of 1983 HI. The following sections contain the electrical power transmission lines and (NAD83). The following map shows the legal descriptions of the critical habitat distribution and communication general locations of the 99 critical units designated for the island of facilities and regularly maintained habitat units designated on the island of Hawaii. Existing manmade features and associated rights-of-way and access Hawaii. structures within the boundaries of the ways, radars, telemetry antennas, (1) Note: Map 1—Index map follows: mapped unit, such as buildings, roads, missile launch sites, arboreta and aqueducts and other water system gardens, heiau (indigenous places of BILLING CODE 4310–55–P

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(2) Hawaii 1—Clermontia lindseyana— 2189611; 256096, 2190304; 256159, 2191095; 260195, 2190187; return to a (1,337 ha, 3,303 ac) 2190978; 256258, 2191715; 256132, starting point. 2192452; 256438, 2193135; 257202, (ii) Note: Map 2 follows: (i) Unit consists of the following 18 2193171; 258074, 2192865; 259566, boundary points: Start at 259287, 2192515; 260015, 2192551; 260564, 2189980; 258514, 2190124; 258227, 2192488; 260937, 2192137; 260600, 2189531; 257076, 2189405; 256231,

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(5) Hawaii 1—Cyanea shipmanii—a (3) Hawaii 1—Clermontia peleana—a (4) Hawaii 1—Clermontia pyrularia—a (1,577 ha, 3,898 ac) (4,704 ha, 11,624 ac) (1,378 ha, 3,405 ac) (i) Unit consists of the following 15 (i) Unit consists of the following (i) Unit consists of the following 21 boundary points: Start at 258782, seven boundary points: Start at 261799, boundary points: Start at 258551, 2190167; 258548, 2189979; 258183, 2189905; 259290, 2190265; 259437, 2191038; 258529, 2189991; 258210, 2188260; 257434, 2188452; 256928, 2191186; 260905, 2197592; 263380, 2188565; 257890, 2188331; 257487, 2188480; 256188, 2188929; 255258, 2198183; 264962, 2199047; 266443, 2188365; 256896, 2188490; 256215, 2189156; 255505, 2193009; 255781, 2189598; return to starting point. 2188925; 255931, 2188918; 255675, 2192991; 256152, 2193174; 256156, (ii) Note: Map 3 follows: 2189060; 255456, 2189333; 255283, 2193377; 257053, 2193355; 259425, 2189470; 255306, 2189929; 255346, 2192593; 259263, 2191816; 259174, 2190140; 255408, 2190618; 255387, 2191010; return to starting point. 2191557; 255496, 2193031; 255782, 2193009; 256122, 2193173; 256270, (ii) Note: Map 5 follows: 2193339; 257054, 2193360; 258360, 2192915; return to starting point. (ii) Note: Map 4 follows:

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(6) Hawaii 1—Phyllostegia racemosa—a (938 ha, 2,317 ac) (i) Unit consists of the following 14 boundary points: Start at 258101, (7) Hawaii 2—Clermontia lindseyana— (8) Hawaii 2—Clermontia pyrularia—b 2190453; 257892, 2189913; 256913, b (1,262 ha, 3,119 ac) (1,383 ha, 3,418 ac) 2188486; 256656, 2188640; 256222, (i) Unit consists of the following 20 2188920; 255488, 2189023; 255638, (i) Unit consists of the following 11 boundary points: Start at 255651, 2189438; 256199, 2190746; 256201, boundary points: Start at 257292, 2196455; 255597, 2196941; 255516, 2190776; 256355, 2192927; 256193, 2195256; 256959, 2195939; 256806, 2197725; 255512, 2197761; 255468, 2193388; 257046, 2193366; 258868, 2197162; 256815, 2198142; 256627, 2198050; 255421, 2198130; 255299, 2192771; 258286, 2190933; return to 2199661; 256609, 2200056; 259081, 2198552; 255372, 2199203; 256335, starting point. 2200802; 259908, 2197800; 259126, 2196047; 257939, 2196380; 257957, 2199414; 256242, 2200024; 255213, (ii) Note: Map 6 follows: 2195319; return to starting point. 2199704; 254946, 2201156; 255168, 2201360; 256079, 2201937; 256430, (ii) Note: Map 7 follows: 2201672; 257336, 2200280; 257616, 2199751; 257968, 2196298; 258088, 2195186; 255745, 2195208; return to starting point. (ii) Note: Map 8 follows:

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(9) Hawaii 2—Phyllostegia racemosa—b (11) Hawaii 3—Cyanea platyphylla—a (10) Hawaii 3—Clermontia peleana—b (1,403 ha, 3,467 ac) (1,683 ha, 4,158 ac) (4,098 ha, 10,126 ac) (i) Unit consists of the following eight (i) Unit consists of the following 13 (i) Unit consists of the following 16 boundary points: Start at 258723, boundary points: Start at 261936, boundary points: Start at 265536, 2208604; 263321, 2207740; 265617, 2200661; 258940, 2200060; 259480, 2206014; 265870, 2201356; 264628, 2196687; 259164, 2195977; 257990, 2206104; 265417, 2204172; 264174, 2199741; 260958, 2198980; 260785, 2203283; 260750, 2206482; 260875, 2196313; 258115, 2195161; 255794, 2200155; 262026, 2204132; 261185, 2195189; 255648, 2196936; 255554, 2207122; 261952, 2208637; return to 2204813; 260398, 2204759; 259170, starting point. 2197804; 255334, 2198495; 255397, 2203211; 258222, 2203945; 258477, 2199185; 256317, 2199426; 256234, 2204289; 259386, 2206126; 259977, (ii) Note: Map 11 follows: 2199928; return to starting point. 2206520; 260443, 2206955; 261652, (ii) Note: Map 9 follows: 2208710; 262533, 2208323; return to starting point. (ii) Note: Map 10 follows:

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(12) Hawaii 3—Cyrtandra giffardii—a (13) Hawaii 3—Cyrtandra tintinnabula—a (2,322 ha, 5,738 ac) (14) Hawaii 3—Phyllostegia (1,510 ha, 3,731 ac) warshaueri—a (2,471 ha, 6,105 ac) (i) Unit consists of the following 30 (i) Unit consists of the following 22 boundary points: Start at 261996, (i) Unit consists of the following 21 boundary points: Start at 263977, 2208648; 262049, 2208624; 263522, boundary points: Start at 257006, 2204191; 263091, 2203511; 262736, 2207698; 265651, 2206158; 265754, 2207522; 257019, 2207554; 257990, 2203406; 261836, 2204431; 261358, 2204527; 265122, 2203759; 262570, 2209960; 258969, 2210027; 258996, 2204610; 261162, 2204774; 261114, 2202152; 261169, 2201554; 261944, 2210030; 259000, 2210028; 259841, 2204782; 260137, 2205484; 260269, 2204127; 261158, 2204766; 260467, 2209621; 260070, 2208710; 261086, 2205773; 260727, 2206307; 260808, 2204723; 260185, 2204367; 260136, 2208085; 261545, 2208642; 262022, 2207135; 261955, 2208667; 262335, 2204327; 260129, 2204298; 259641, 2208476; 262839, 2208040; 263330, 2208492; 262457, 2208405; 262682, 2203682; 259436, 2203822; 258995, 2207359; 264502, 2206514; 265710, 2208256; 262829, 2208171; 263062, 2204073; 259216, 2204499; 259562, 2205217; 265744, 2204501; 265526, 2208031; 264606, 2206914; 264702, 2204625; 259924, 2205129; 260239, 2204234; 263864, 2203016; 263466, 2206732; 265162, 2206251; 265443, 2205570; 260255, 2205790; 260539, 2203598; 261804, 2205478; 259132, 2205871; 264381, 2205051; return to 2206042; 260743, 2206373; 260822, 2206487; return to starting point. starting point. 2206782; 260854, 2207176; 261184, (ii) Note: Map 14 follows: (ii) Note: Map 12 follows: 2207475; 261515, 2208026; 261720, 2208326; 261972, 2208593; return to starting point. (ii) Note: Map 13 follows:

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(15) Hawaii 4—Isodendrion hosakae—a (49 ha, 121 ac) (i) Unit consists of the following 30 boundary points: Start at 216918, 2213235; 217016, 2213305; 217029, 2213274; 217005, 2213247; 217021, 2213158; 217073, 2213172; 217095, 2213120; 217071, 2213088; 217094, 2213045; 217129, 2213041; 217123, 2212977; 217141, 2212945; 217161, 2212966; 217207, 2212974; 217303, 2213051; 217353, 2212944; 217455, 2212885; 217511, 2212825; 217544, 2212704; 217624, 2212704; 217658, 2212443; 217423, 2212270; 217284, 2212268; 217105, 2212451; 216974, 2212346; 216772, 2212797; 216900, 2213009; 216946, 2212994; 216966, 2213060; 216928, 2213088; return to starting point. (ii) Note: Map 15 follows:

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(16) Hawaii 4—Isodendrion hosakae—b 2211232; 223887, 2211182; 223881, 2210946; 223338, 2210965; 223296, (35 ha, 87 ac) 2211116; 223938, 2211006; 223918, 2211003; 223244, 2211091; 223188, 2210977; 223876, 2210984; 223832, 2211145; 223294, 2211291; 223359, (i) Unit consists of the following 32 2210851; 223809, 2210816; 223729, 2211352; 223406, 2211368; 223414, boundary points: Start at 223492, 2210799; 223636, 2210739; 223556, 2211415; 223415, 2211453; return to 2211567; 223608, 2211572; 223691, 2210796; 223552, 2210877; 223614, starting point. 2211528; 223727, 2211464; 223811, 2210869; 223630, 2210891; 223572, (ii) Note: Map 16 follows: 2211316; 223763, 2211291; 223859, 2210924; 223506, 2210932; 223418,

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(17) Hawaii 4—Isodendrion hosakae—c 2210857; 230438, 2210998; 230517, 2210360; 230357, 2210475; 230289, (49 ha, 121 ac) 2211001; 230682, 2211057; 230897, 2210576; 230244, 2210644; 230224, 2211021; 231011, 2210874; 231090, 2210817; return to starting point. (i) Unit consists of the following 15 2210642; 231078, 2210504; 230899, (ii) Note: Map 17 follows: boundary points: Start at 230256, 2210322; 230783, 2210259; 230543,

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(18) Hawaii 4—Isodendrion hosakae—d 2211631; 231267, 2211631; 231537, 2211152; 231436, 2211271; 231277, (49 ha, 121 ac) 2212023; 232139, 2211722; 231979, 2211485; return to starting point. (i) Unit consists of the following nine 2211293; 231830, 2211149; 231774, (ii) Note: Map 18 follows: boundary points: Start at 231266,

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(19) Hawaii 4—Isodendrion hosakae—e 2208215; 222254, 2208246; 222251, 2208149; 222045, 2208166; 222020, (11 ha, 26 ac) 2208259; 222230, 2208261; 222222, 2208212; 221971, 2208225; 221966, 2208286; 222213, 2208303; 222225, 2208306; 221969, 2208396; 221963, (i) Unit consists of the following 39 2208306; 222227, 2208316; 222214, 2208440; 221988, 2208483; 222015, boundary points: Start at 222273, 2208320; 222209, 2208331; 222194, 2208509; 222077, 2208552; 222199, 2208478; 222265, 2208455; 222245, 2208337; 222189, 2208329; 222194, 2208535; 222218, 2208498; 222247, 2208415; 222245, 2208393; 222331, 2208324; 222202, 2208299; 222198, 2208498; return to starting point. 2208332; 222330, 2208290; 222311, 2208283; 222219, 2208259; 222244, 2208248; 222279, 2208219; 222256, 2208216; 222238, 2208183; 222198, (ii) Note: Map 19 follows:

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(20) Hawaii 4—Isodendrion hosakae—f 2205324; 220680, 2205394; 220645, 2205611; 221197, 2205553; 221326, (51 ha, 127 ac) 2205535; 220550, 2205636; 220701, 2205451; 221675, 2205188; 221929, 2205687; 220754, 2205770; 220904, 2204996; 221948, 2204869; 221871, (i) Unit consists of the following 27 2205756; 220861, 2205816; 221058, 2204802; 221737, 2204828; 221610, boundary points: Start at 221456, 2205989; 221139, 2205911; 221195, 2204957; return to starting point. 2205056; 221315, 2205089; 220996, 2205756; 221253, 2205717; 221216, (ii) Note: Map 20 follows: 2205294; 220895, 2205435; 220799, 2205641; 221179, 2205613; 221095,

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(21) Hawaii 4—Vigna o-wahuensis—a 2213120; 217071, 2213088; 217094, 2212443; 217423, 2212270; 217284, (49 ha, 121 ac) 2213045; 217129, 2213041; 217123, 2212268; 217105, 2212451; 216974, (i) Unit consists of the following 30 2212977; 217141, 2212945; 217161, 2212346; 216772, 2212797; 216900, boundary points: Start at 216918, 2212966; 217207, 2212974; 217303, 2213009; 216946, 2212994; 216966, 2213235; 217016, 2213305; 217029, 2213051; 217353, 2212944; 217455, 2213060; 216928, 2213088; return to 2213274; 217005, 2213247; 217021, 2212885; 217511, 2212825; 217544, starting point. 2213158; 217073, 2213172; 217095, 2212704; 217624, 2212704; 217658, (ii) Note: Map 21 follows:

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(22) Hawaii 4—Vigna o-wahuensis—b 2211232; 223887, 2211182; 223881, 2210946; 223338, 2210965; 223296, (35 ha, 87 ac) 2211116; 223938, 2211006; 223918, 2211003; 223244, 2211091; 223188, 2210977; 223876, 2210984; 223832, 2211145; 223294, 2211291; 223359, (i) Unit consists of the following 32 2210851; 223809, 2210816; 223729, 2211352; 223406, 2211368; 223414, boundary points: Start at 223492, 2210799; 223636, 2210739; 223556, 2211415; 223415, 2211453; return to 2211567; 223608, 2211572; 223691, 2210796; 223552, 2210877; 223614, starting point. 2211528; 223727, 2211464; 223811, 2210869; 223630, 2210891; 223572, (ii) Note: Map 22 follows: 2211316; 223763, 2211291; 223859, 2210924; 223506, 2210932; 223418,

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(23) Hawaii 4—Vigna o-wahuensis—c 2205324; 220680, 2205394; 220645, 2205611; 221197, 2205553; 221326, (51 ha, 127 ac) 2205535; 220550, 2205636; 220701, 2205451; 221675, 2205188; 221929, 2205687; 220754, 2205770; 220904, 2204996; 221948, 2204869; 221871, (i) Unit consists of the following 27 2205756; 220861, 2205816; 221058, 2204802; 221737, 2204828; 221610, boundary points: Start at 221456, 2205989; 221139, 2205911; 221195, 2204957; return to starting point. 2205056; 221315, 2205089; 220996, 2205756; 221253, 2205717; 221216, (ii) Note: Map 23 follows: 2205294; 220895, 2205435; 220799, 2205641; 221179, 2205613; 221095,

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(24) Hawaii 5—Nothocestrum 2233050; 220656, 2232834; 221080, 2230541; 212877, 2230637; 212939, breviflorum—a (403 ha, 995 ac) 2232612; 220999, 2232500; 220822, 2230736; 213011, 2230905; 213041, (i) Unit consists of the following 10 2232233; 220802, 2231818; 220498, 2231129; 212997, 2231275; 213007, boundary points: Start at 223325, 2230963; 220529, 2230813; 220350, 2231651; 213147, 2232011; 213409, 2230961; 223717, 2230611; 223961, 2230453; 220296, 2229915; 220205, 2232858; 213387, 2233177; 213269, 2230395; 224099, 2230006; 222943, 2229697; 220190, 2229504; 220122, 2233218; 213462, 2233730; 213453, 2227775; 221847, 2228401; 221769, 2229416; 218354, 2230452; 216792, 2233976; 213443, 2234090; 213442, 2228638; 221914, 2229066; 222052, 2231049; 216919, 2231470; 217150, 2234162; 213373, 2234284; 213315, 2229490; 222606, 2230217; return to 2231890; 217026, 2232314; 217214, 2234388; 213271, 2234480; 213320, starting point. 2232981; return to starting point. 2234721; 213371, 2234760; 213429, (ii) Note: Map 24 follows: (ii) Note: Map 25 follows: 2234835; 213464, 2234878; 213513, 2234943; 213559, 2235003; 213642, 2235106; 213659, 2235121; 213685, 2235147; 213724, 2235205; 213745, 2235328; 213734, 2235407; 213765, 2235497; 213747, 2235588; 213771, 2235662; 213817, 2235706; 213849, 2235729; 213891, 2235850; 213906, 2235884; 213908, 2235940; 213886, 2235998; 213892, 2236033; 214009, 2236115; 214062, 2236170; 214080, 2236202; 214083, 2236227; 214091, 2236260; 214140, 2236304; 214165, 2236296; 214069, 2236123; 213954, 2236053; 214016, 2235921; 213862, 2235537; 213901, 2235357; 213770, 2235029; 213484, 2234675; 213587, 2234485; 213891, 2234567; 213773, 2233608; 214112, 2233331; 214183, 2233458; 214141, 2233713; 214320, 2234212; 214483, 2234338; 214390, 2234581; 214802, 2235593; 214978, 2235684; 215037, 2235434; 215190, 2235808; 215483, 2235675; 215479, 2235179; 215269, 2234894; 215127, 2234463; 215158, 2234131; 214937, 2233848; 215182, 2233321; 214973, 2232427; 215018, 2231531; 214640, 2231432; 214495, 2231365; 214382, 2231329; 214332, 2231335; return to starting point. (ii) Note: Map 26 follows:

(26) Hawaii 7—Pleomele hawaiiensis— (25) Hawaii 6—Nothocestrum a (677 ha, 1,673 ac) breviflorum—b (1,113 ha, 2,750 ac) (i) Unit consists of the following 92 (i) Unit consists of the following 29 boundary points: Start at 213884, boundary points: Start at 217283, 2231521; 213842, 2231562; 213785, 2233128; 217629, 2233499; 218093, 2231427; 213666, 2231261; 213601, 2234242; 218828, 2233584; 218277, 2230893; 213453, 2230596; 213305, 2231773; 218266, 2231685; 218291, 2230350; 213204, 2230269; 213030, 2231675; 219411, 2233375; 219521, 2230210; 212859, 2230290; 212807, 2233443; 219655, 2233414; 220288, 2230381; 212812, 2230467; 212835,

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(29) Hawaii 9—Achyranthes mutica—a (27) Hawaii 8—Clermontia (28) Hawaii 8—Phyllostegia (63 ha, 157 ac) drepanomorpha—a (1,906 ha, 4,709 ac) warshaueri—b (1,177 ha, 2,908 ac) (i) Unit consists of the following 82 (i) Unit consists of the following 30 (i) Unit consists of the following 27 boundary points: Start at 211908, boundary points: Start at 214766, boundary points: Start at 218326, 2224450; 211840, 2224339; 211562, 2225082; 215176, 2225539; 215405, 2224160; 211477, 2224142; 211418, 2225905; 215716, 2226097; 216131, 2219182; 218265, 2219899; 218572, 2220103; 219186, 2220554; 218961, 2224067; 211356, 2224034; 211319, 2226318; 217035, 2226328; 218354, 2223969; 211271, 2223951; 211220, 2225470; 219286, 2224824; 219895, 2221066; 218183, 2222274; 217900, 2223294; 218531, 2223871; 219842, 2223903; 211172, 2223900; 211144, 2223228; 218899, 2220922; 218806, 2223870; 211106, 2223860; 211053, 2219907; 218769, 2219298; 218197, 2223011; 220052, 2222981; 220255, 2223197; 220513, 2223371; 220883, 2223873; 210980, 2223837; 210916, 2219271; 217672, 2220036; 217653, 2223837; 210864, 2223788; 210802, 2223437; 221142, 2223301; 221469, 2220562; 217819, 2221512; 217520, 2223764; 210694, 2223796; 210650, 2222879; 221431, 2222712; 221443, 2221821; 217378, 2221880; 217229, 2223761; 210578, 2223756; 210489, 2222484; 221956, 2222124; 221860, 2221937; 217063, 2221937; 216768, 2223646; 210425, 2223652; 210359, 2221917; 221276, 2221939; 221020, 2222158; 216463, 2222582; 215919, 2223635; 210254, 2223626; 210218, 2223071; 215956, 2223348; 215550, 2221746; 220775, 2221645; 220679, 2223598; 210154, 2223584; 210056, 2223643; 215070, 2223892; 214393, 2221263; 221125, 2220585; 221255, 2223595; 209922, 2223585; 209805, 2224156; 214299, 2224261; 214335, 2220003; 220857, 2218373; 220445, 2223507; 209521, 2223432; 209365, 2224407; 214570, 2224647; return to 2219168; return to starting point. 2223366; 209228, 2223347; 208930, starting point. (ii) Note: Map 28 follows: 2223267; 208835, 2223286; 208830, (ii) Note: Map 27 follows: 2223355; 208907, 2223389; 209205,

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2223465; 209333, 2223482; 209483, 2224525; 211733, 2224561; 211824, 2223885; 210751, 2223908; 210770, 2223546; 209548, 2223555; 209606, 2224547; 211926, 2224590; 211986, 2223960; 210841, 2223994; 210870, 2223568; 209652, 2223593; 209761, 2224640; 212066, 2224670; 212094, 2224063; 210928, 2224102; 210992, 2223619; 209887, 2223699; 209956, 2224717; 212088, 2224750; 212115, 2224116; 211080, 2224094; 211174, 2223703; 209996, 2223703; 210057, 2224806; 212108, 2224823; 212219, 2224135; 211293, 2224156; 211335, 2223716; 210148, 2223704; 210219, 2224872; 212243, 2224820; 212243, 2224196; 211345, 2224253; 211373, 2223742; 210431, 2223770; 210529, 2224778; 212216, 2224731; 212213, 2224282; 211439, 2224272; 211501, 2223870; 210603, 2223875; 210683, 2224684; 212160, 2224595; return to 2224297; 211562, 2224404; 211619, 2224047; 210751, 2224079; 210773, starting point. 2224407; 211657, 2224425; 211731, 2224145; 210846, 2224182; 210875, (ii) Excluding one area bounded by 2224441; 211766, 2224436; 211506, 2224212; 210992, 2224241; 211084, the following 31 points (8 ha, 19 ac): 2224267; 211403, 2224240; 211340, 2224220; 211131, 2224248; 211225, Start at 211235, 2224062; 211172, 2224159; 211274, 2224128; return to 2224269; 211290, 2224395; 211339, 2224016; 211129, 2224012; 211093, 2224415; 211428, 2224394; 211464, 2223986; 211042, 2223992; 210945, starting point. 2224477; 211515, 2224517; 211607, 2223954; 210872, 2223952; 210792, (iii) Note: Map 29 follows:

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(30) Hawaii 9—Achyranthes mutica—b 2222740; 210607, 2222645; 210591, 2222417; 211089, 2222433; 210981, (124 ha, 306 ac) 2222566; 210546, 2222536; 210433, 2222380; 210899, 2222365; 210832, (i) Unit consists of the following 211 2222414; 210413, 2222350; 210443, 2222399; 210774, 2222396; 210736, boundary points: Start at 211305, 2222344; 210571, 2222422; 210666, 2222348; 210624, 2222314; 210481, 2223364; 211375, 2223384; 211403, 2222448; 210691, 2222500; 210725, 2222229; 210331, 2222220; 210250, 2223445; 211471, 2223464; 211508, 2222521; 210793, 2222517; 210852, 2222177; 210082, 2222125; 209980, 2223521; 211605, 2223565; 211667, 2222539; 210905, 2222517; 210925, 2222118; 209833, 2222142; 209813, 2223634; 211757, 2223690; 211885, 2222488; 211073, 2222553; 211191, 2222131; 209804, 2222071; 209776, 2223733; 211931, 2223724; 211986, 2222530; 211279, 2222586; 211348, 2222040; 209729, 2222030; 209675, 2223686; 212068, 2223746; 212139, 2222589; 211378, 2222610; 211441, 2222040; 209640, 2222012; 209577, 2223774; 212198, 2223854; 212277, 2222613; 211494, 2222638; 211568, 2222003; 209527, 2221938; 209471, 2223900; 212406, 2223912; 212539, 2222607; 211619, 2222618; 211712, 2221916; 209325, 2221943; 209234, 2223951; 212645, 2223915; 212681, 2222598; 211828, 2222527; 211912, 2221919; 209020, 2221948; 208952, 2223974; 212720, 2223994; 212836, 2222500; 212003, 2222547; 212069, 2221925; 208760, 2221918; 208599, 2224123; 212883, 2224222; 212935, 2222542; 212147, 2222486; 212228, 2221816; 208492, 2221827; 208460, 2224265; 213002, 2224253; 213015, 2222467; 212274, 2222404; 212348, 2221817; 208410, 2221927; 208484, 2224188; 212983, 2224154; 212926, 2222471; 212448, 2222511; 212668, 2221948; 208565, 2221936; 208676, 2224043; 212826, 2223931; 212746, 2222802; 212761, 2222874; 212802, 2222014; 208732, 2222035; 208927, 2223863; 212766, 2223847; 212819, 2222963; 213012, 2223108; 213060, 2222043; 209015, 2222068; 209236, 2223884; 212890, 2223915; 213075, 2223184; 213115, 2223225; 213115, 2222040; 209325, 2222064; 209449, 2223887; 213289, 2223971; 213371, 2223296; 213180, 2223380; 213342, 2222035; 209526, 2222112; 209647, 2223934; 213409, 2223871; 213316, 2223505; 213502, 2223538; 213592, 2222157; 209695, 2222158; 209723, 2223863; 213077, 2223764; 212894, 2223617; 213636, 2223593; 213643, 2222210; 209793, 2222256; 209892, 2223794; 212820, 2223740; 212780, 2223539; 213565, 2223434; 213394, 2222262; 210029, 2222239; 210205, 2223729; 212674, 2223741; 212626, 2223394; 213253, 2223285; 213234, 2222289; 210267, 2222326; 210332, 2223773; 212579, 2223781; 212533, 2223260; 213253, 2223205; 213231, 2222479; 210486, 2222645; 210485, 2223829; 212510, 2223825; 212439, 2223147; 213152, 2223106; 213084, 2222700; 210505, 2222750; 210534, 2223796; 212348, 2223795; 212294, 2223011; 212891, 2222882; 212863, 2222771; 210592, 2222771; 210670, 2223777; 212205, 2223673; 212125, 2222805; 212756, 2222719; 212535, 2222819; 210675, 2222877; 210775, 2223641; 212013, 2223563; 211957, 2222428; 212497, 2222398; 212412, 2222984; 210911, 2223056; 210970, 2223565; 211888, 2223610; 211803, 2222369; 212308, 2222279; 212217, 2223132; 211117, 2223195; 211175, 2223577; 211717, 2223519; 211686, 2222281; 212186, 2222304; 212160, 2223273; return to starting point. 2223470; 211593, 2223426; 211549, 2222365; 212097, 2222377; 212025, (ii) Excluding one area bounded by 2223371; 211491, 2223344; 211458, 2222427; 211944, 2222384; 211894, the following five points (<1 ha, <1 ac): 2223292; 211397, 2223257; 211323, 2222380; 211782, 2222415; 211678, Start at 211099, 2222496; 211109, 2223241; 211283, 2223193; 211242, 2222482; 211644, 2222482; 211575, 2222499; 211114, 2222499; 211118, 2223171; 211187, 2223097; 211045, 2222486; 211508, 2222513; 211448, 2222497; 211103, 2222479; return to 2223037; 210978, 2222957; 210854, 2222492; 211413, 2222496; 211386, starting point. 2222894; 210790, 2222817; 210763, 2222474; 211328, 2222470; 211194, (iii) Note: Map 30 follows:

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(31) Hawaii 9—Achyranthes mutica—c 2221423; 212328, 2221349; 212298, 2219632; 210532, 2219684; 210655, (67 ha, 166 ac) 2221305; 212213, 2221243; 212181, 2219709; 210771, 2219702; 210805, (i) Unit consists of the following 114 2221177; 212126, 2221131; 212117, 2219739; 210843, 2219752; 210929, boundary points: Start at 214447, 2221072; 212086, 2221019; 212000, 2219741; 210992, 2219793; 211068, 2222623; 214480, 2222585; 214474, 2220995; 211970, 2220899; 211930, 2219818; 211172, 2220027; 211227, 2222534; 214441, 2222505; 214055, 2220851; 211934, 2220790; 211874, 2220180; 211295, 2220255; 211335, 2222500; 213775, 2222429; 213683, 2220666; 211868, 2220609; 211830, 2220366; 211461, 2220440; 211611, 2222443; 213605, 2222423; 213500, 2220572; 211804, 2220499; 211669, 2220468; 211703, 2220566; 211753, 2222421; 213445, 2222367; 213339, 2220360; 211517, 2220331; 211480, 2220665; 211761, 2220714; 211810, 2222356; 213251, 2222303; 213225, 2220298; 211424, 2220284; 211404, 2220794; 211811, 2220884; 211862, 2222268; 213112, 2222232; 213029, 2220203; 211334, 2220125; 211281, 2220954; 211895, 2221066; 211936, 2222167; 212905, 2222150; 212752, 2219976; 211155, 2219728; 211059, 2221107; 212003, 2221115; 212026, 2222091; 212654, 2222033; 212657, 2219692; 211026, 2219657; 210955, 2221204; 212080, 2221243; 212124, 2221930; 212627, 2221876; 212610, 2219623; 210865, 2219627; 210798, 2221326; 212220, 2221402; 212224, 2221781; 212532, 2221714; 212449, 2219584; 210675, 2219589; 210587, 2221522; 212274, 2221597; 212292, 2221692; 212403, 2221653; 212384, 2219571; 210551, 2219507; 210505, 2221705; 212388, 2221798; 212459, 2221545; 212341, 2221489; 212348, 2219505; 210465, 2219555; 210482, 2221812; 212503, 2221840; 212510,

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2221905; 212540, 2221974; 212507, 2222280; 213048, 2222334; 213150, 2222616; 214157, 2222613; 214239, 2222024; 212501, 2222072; 212543, 2222369; 213305, 2222475; 213389, 2222618; 214319, 2222611; return to 2222144; 212583, 2222162; 212627, 2222475; 213467, 2222537; 213685, starting point. 2222158; 212872, 2222265; 212987, 2222564; 213761, 2222548; 214042, (ii) Note: Map 31 follows:

(32) Hawaii 9—Achyranthes mutica—d 2220982; 213480, 2220882; 213407, 2218800; 211486, 2218774; 211451, (58 ha, 143 ac) 2220820; 213384, 2220774; 213316, 2218791; 211424, 2218818; 211424, 2220740; 213178, 2220485; 213084, 2218878; 211459, 2218955; 211700, (i) Unit consists of the following 83 2220393; 213022, 2220355; 212956, 2219183; 211969, 2219547; 212135, boundary points: Start at 214438, 2220257; 212808, 2220171; 212777, 2219614; 212226, 2219670; 212391, 2221820; 214413, 2221797; 214386, 2220117; 212741, 2220090; 212715, 2219825; 212443, 2219903; 212578, 2221680; 214341, 2221624; 214236, 2220056; 212695, 2219935; 212668, 2219968; 212603, 2220105; 212654, 2221577; 214192, 2221506; 214008, 2219888; 212516, 2219808; 212489, 2220177; 212688, 2220198; 212709, 2221412; 213919, 2221344; 213917, 2219754; 212288, 2219567; 212179, 2220249; 212787, 2220293; 212824, 2221296; 213890, 2221262; 213884, 2221222; 213758, 2221097; 213685, 2219502; 212052, 2219459; 211790, 2220334; 212873, 2220352; 212940, 2221055; 213605, 2221031; 213535, 2219103; 211552, 2218878; 211513, 2220443; 213005, 2220484; 213090,

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2220567; 213108, 2220631; 213225, 2221510; 214108, 2221602; 214163, 2222160; 214609, 2222121; 214595, 2220827; 213293, 2220862; 213379, 2221673; 214261, 2221717; 214322, 2222026; 214602, 2221949; 214578, 2220952; 213439, 2221062; 213540, 2221877; 214479, 2221995; 214474, 2221912; return to starting point. 2221136; 213683, 2221191; 213768, 2222036; 214504, 2222187; 214564, (ii) Note: Map 32 follows: 2221286; 213838, 2221437; 213939, 2222248; 214601, 2222232; 214615,

(33) Hawaii 9—Achyranthes mutica—e 2220902; 214322, 2221047; 214365, 2220598; 214356, 2220538; 214326, (96 ha, 238 ac) 2221179; 214410, 2221218; 214476, 2220426; 214294, 2220372; 214236, 2221333; 214576, 2221408; 214591, 2220332; 214188, 2220269; 214118, (i) Unit consists of the following 99 2221498; 214624, 2221541; 214679, 2220061; 214005, 2219871; 213995, boundary points: Start at 214237, 2221569; 214698, 2221646; 214740, 2219762; 213945, 2219600; 213933, 2221396; 214246, 2221433; 214279, 2221664; 214796, 2221627; 214793, 2219438; 213852, 2219367; 213784, 2221468; 214325, 2221468; 214358, 2221531; 214759, 2221478; 214700, 2219348; 213756, 2219241; 213719, 2221436; 214355, 2221358; 214318, 2221448; 214690, 2221357; 214573, 2219214; 213680, 2219137; 213551, 2221305; 214305, 2221223; 214287, 2221258; 214555, 2221210; 214474, 2219003; 213560, 2218908; 213486, 2221049; 214300, 2220991; 214278, 2221113; 214430, 2220938; 214431, 2218751; 213396, 2218673; 213327, 2220930; 214286, 2220881; 214313, 2220859; 214371, 2220793; 214339, 2218524; 213204, 2218429; 213145,

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2218404; 213092, 2218406; 212882, 2220807; 214167, 2220862; 214158, 2219218; 213434, 2219056; 213440, 2218263; 212764, 2218230; 212684, 2220933; 214175, 2221002; 214166, 2218923; 213385, 2218816; 213302, 2218191; 212589, 2218244; 212485, 2221051; 214187, 2221243; 214206, 2218748; 213232, 2218602; 213126, 2218242; 212425, 2218262; 212420, 2221349; return to starting point. 2218523; 213033, 2218514; 212998, 2218327; 212558, 2218345; 212607, (ii) Excluding two areas: 2218479; 212834, 2218368; 212794, 2218406; 212693, 2218421; 212709, (A) Bounded by the following seven 2218356; 212809, 2218402; 212825, 2218465; 212774, 2218551; 212890, points (1 ha, 1 ac): Start at 214223, 2218431; 212855, 2218461; 212888, 2218603; 212903, 2218650; 212889, 2220569; 214237, 2220545; 214219, 2218485; 212953, 2218499; 212996, 2218747; 212904, 2218803; 213028, 2220515; 214216, 2220461; 214146, 2218545; 213022, 2218636; 213007, 2218949; 213082, 2219133; 213196, 2220412; 214161, 2220500; 214199, 2218725; 213013, 2218754; 213131, 2219265; 213245, 2219371; 213290, 2220523; return to starting point. 2218887; 213194, 2219087; 213261, 2219423; 213311, 2219514; 213517, (B) Bounded by the following 42 2219149; 213346, 2219306; 213394, 2219786; 213597, 2219831; 213729, points (38 ha, 94 ac): Start at 214049, 2219361; 213412, 2219449; 213602, 2219948; 213812, 2220057; 213922, 2220213; 214008, 2220110; 213892, 2219700; 213668, 2219734; 213820, 2220266; 213959, 2220297; 213979, 2219916; 213877, 2219786; 213826, 2219870; 213852, 2219933; 213913, 2220340; 214024, 2220366; 214050, 2219614; 213823, 2219491; 213696, 2219992; 214024, 2220195; return to 2220531; 214097, 2220597; 214097, 2219433; 213663, 2219365; 213649, starting point. 2220637; 214143, 2220749; 214139, 2219307; 213619, 2219275; 213591, (iii) Note: Map 33 follows:

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(34) Hawaii 9—Achyranthes mutica—f 2219872; 214947, 2219833; 214959, 2218985; 214627, 2219125; 214669, (43 ha, 105 ac) 2219766; 214941, 2219705; 214948, 2219193; 214725, 2219396; 214706, 2219637; 214883, 2219550; 214829, 2219465; 214712, 2219549; 214738, (i) Unit consists of the following 65 2219519; 214843, 2219377; 214782, 2219603; 214819, 2219663; 214796, boundary points: Start at 215029, 2219151; 214741, 2219084; 214717, 2219730; 214835, 2219788; 214819, 2221141; 215078, 2221118; 215100, 2218965; 214700, 2218708; 214660, 2219871; 214858, 2219922; 214862, 2221081; 215105, 2221047; 215092, 2218467; 214650, 2218237; 214625, 2219981; 214908, 2220033; 214951, 2220971; 215106, 2220903; 215094, 2218082; 214553, 2217870; 214527, 2220206; 214958, 2220369; 214981, 2220834; 215046, 2220727; 215049, 2217739; 214511, 2217708; 214476, 2220452; 214979, 2220577; 214947, 2220676; 215102, 2220585; 215091, 2217702; 214431, 2217728; 214417, 2220626; 214924, 2220735; 214985, 2220525; 215103, 2220441; 215078, 2217776; 214449, 2217955; 214510, 2220898; 214972, 2220976; 214987, 2220357; 215072, 2220203; 215020, 2218118; 214530, 2218247; 214540, 2221070; return to starting point. 2219976; 214978, 2219936; 214975, 2218479; 214581, 2218725; 214598, (ii) Note: Map 34 follows:

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(35) Hawaii 9—Achyranthes mutica—g 2218921; 215439, 2218935; 215421, 2218458; 215247, 2218714; 215328, (37 ha, 92 ac) 2218871; 215447, 2218842; 215441, 2218821; 215342, 2218926; 215394, 2218779; 215356, 2218664; 215275, 2219001; 215403, 2219144; 215387, (i) Unit consists of the following 58 2218426; 215304, 2218286; 215233, 2219204; 215383, 2219387; 215367, boundary points: Start at 215603, 2218154; 215249, 2218060; 215206, 2219431; 215388, 2219616; 215365, 2220632; 215636, 2220594; 215638, 2217972; 215206, 2217897; 215158, 2219699; 215438, 2219924; 215431, 2220532; 215595, 2220313; 215594, 2217810; 215145, 2217560; 215094, 2219963; 215454, 2220022; 215453, 2220146; 215573, 2220086; 215557, 2217556; 215038, 2217584; 215038, 2220094; 215475, 2220163; 215474, 2219909; 215486, 2219693; 215509, 2217818; 215090, 2217932; 215089, 2220317; 215523, 2220516; 215533, 2219626; 215490, 2219443; 215514, 2218007; 215131, 2218085; 215109, 2220621; 215545, 2220669; return to 2219279; 215507, 2219212; 215525, 2218142; 215112, 2218184; 215185, starting point. 2219154; 215513, 2218965; 215487, 2218304; 215155, 2218404; 215160, (ii) Note: Map 35 follows:

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(36) Hawaii 9—Achyranthes mutica—h 2220058; 216259, 2220059; 216289, 2217647; 215391, 2217794; 215436, (51 ha, 127 ac) 2220016; 216301, 2219987; 216298, 2217930; 215438, 2218124; 215486, 2219945; 216308, 2219773; 216295, 2218223; 215604, 2218316; 215641, (i) Unit consists of the following 89 2219664; 216254, 2219549; 216260, 2218385; 215687, 2218427; 215688, boundary points: Start at 215734, 2219498; 216212, 2219335; 216179, 2218503; 215752, 2218652; 215738, 2220485; 215765, 2220497; 215804, 2219277; 216099, 2219197; 216052, 2218734; 215745, 2218785; 215706, 2220452; 215818, 2220397; 215784, 2219098; 215990, 2219041; 215937, 2218864; 215704, 2218932; 215753, 2220322; 215772, 2220245; 215817, 2219032; 215843, 2218966; 215826, 2219051; 215835, 2219097; 215867, 2220179; 215889, 2220150; 215937, 2218898; 215861, 2218819; 215873, 2219146; 215875, 2219268; 215910, 2220077; 215955, 2219923; 215999, 2218650; 215805, 2218472; 215755, 2219348; 215926, 2219453; 215888, 2219846; 216021, 2219758; 216009, 2218447; 215775, 2218360; 215691, 2219641; 215902, 2219734; 215881, 2219647; 216048, 2219449; 216024, 2218233; 215604, 2218175; 215561, 2219806; 215827, 2219895; 215830, 2219367; 216031, 2219325; 216010, 2218121; 215555, 2217915; 215490, 2220023; 215804, 2220057; 215765, 2219282; 216053, 2219305; 216094, 2217671; 215528, 2217566; 215517, 2220062; 215684, 2220120; 215664, 2219364; 216137, 2219519; 216139, 2217489; 215481, 2217456; 215448, 2220161; 215649, 2220293; 215707, 2219583; 216177, 2219682; 216178, 2217452; 215415, 2217471; 215399, 2220428; return to starting point. 2219953; 216194, 2220018; 216223, 2217507; 215407, 2217557; 215371, (ii) Note: Map 36 follows:

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(37) Hawaii 9—Achyranthes mutica—i 2218421; 216755, 2218361; 216727, 2217941; 216264, 2218034; 216303, (31 ha, 76 ac) 2218309; 216657, 2218257; 216603, 2218058; 216396, 2218077; 216458, (i) Unit consists of the following 54 2218151; 216551, 2218112; 216511, 2218191; 216514, 2218232; 216562, boundary points: Start at 216834, 2218060; 216492, 2217991; 216451, 2218330; 216635, 2218388; 216586, 2219498; 216868, 2219502; 216901, 2217967; 216352, 2217946; 216275, 2218499; 216576, 2218561; 216609, 2219476; 216916, 2219442; 216903, 2217799; 216194, 2217733; 216138, 2218685; 216581, 2218726; 216562, 2219353; 216759, 2219197; 216646, 2217593; 216168, 2217500; 216154, 2218818; 216503, 2218897; 216504, 2219111; 216624, 2219076; 216621, 2217339; 216130, 2217288; 216078, 2219112; 216559, 2219201; 216683, 2218932; 216675, 2218863; 216728, 2217289; 216046, 2217330; 216047, 2219290; 216791, 2219410; return to 2218712; 216725, 2218649; 216696, 2217501; 216017, 2217608; 216088, starting point. 2218569; 216704, 2218501; 216752, 2217792; 216177, 2217870; 216230, (ii) Note: Map 37 follows:

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(38) Hawaii 9—Achyranthes mutica—j 2218240; 217685, 2218167; 217657, 2218840; 217758, 2218986; 217738, (33 ha, 81 ac) 2218101; 217608, 2218068; 217537, 2219099; 217771, 2219108; 217806, 2217828; 217508, 2217776; 217518, 2219095; 217846, 2219075; 217869, (i) Unit consists of the following 45 2217705; 217495, 2217636; 217530, 2218958; 217876, 2218841; 217861, boundary points: Start at 218342, 2217550; 217478, 2217497; 217416, 2218736; 217768, 2218520; 217898, 2218980; 218378, 2218973; 218407, 2217507; 217370, 2217634; 217398, 2218624; 218030, 2218675; 218152, 2218964; 218411, 2218929; 218400, 2217718; 217386, 2217786; 217509, 2218753; 218233, 2218832; 218305, 2218875; 218323, 2218752; 218189, 2218141; 217535, 2218373; 217570, 2218922; return to starting point. 2218630; 218079, 2218566; 217956, 2218472; 217631, 2218518; 217662, 2218519; 217764, 2218345; 217745, 2218576; 217748, 2218779; 217756, (ii) Note: Map 38 follows:

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(39) Hawaii 10—Argyroxiphium 2189312; 194345, 2189312; 195096, 2189709; 200959, 2189699; 199966, kauense—a (349 ha, 861 ac) 2189814; 195763, 2190048; 196316, 2189369; 199139, 2189093; 197714, (i) Unit consists of the following 22 2190285; 198038, 2190803; 198120, 2188688; 196629, 2188284; 195353, boundary points: Start at 196364, 2190635; 198240, 2190325; 197169, 2187919; return to starting point. 2183671; 196588, 2183730; 197040, 2189897; 195603, 2189733; 194504, (ii) Note: Map 41 follows: 2183678; 197248, 2183609; 197370, 2189243; 194375, 2189221; return to 2183522; 197891, 2183644; 198395, starting point. 2183678; 198917, 2183661; 199421, (ii) Note: Map 40 follows: 2183574; 199838, 2183400; 200064, 2183261; 200498, 2183174; 200689, 2183053; 200869, 2183009; 200548, 2182197; 199189, 2182675; 199188, 2182675; 198920, 2182722; 197323, 2182971; 196589, 2183108; 196526, 2183207; 196397, 2183572; return to starting point. (ii) Note: Map 39 follows:

(42) Hawaii 10—Delissea undulata—a (92 ha, 227 ac) (i) Unit consists of the following 50 (41) Hawaii 10—Colubrina boundary points: Start at 201717, oppositifolia—a (1,918 ha, 4,740 ac) 2188574; 201906, 2188644; 202144, 2188700; 202144, 2188602; 202284, (i) Unit consists of the following 23 2188434; 202305, 2188399; 202452, boundary points: Start at 194733, 2188462; 202347, 2188728; 202326, 2188289; 194501, 2189318; 195028, 2188868; 202389, 2188952; 202459, 2189765; 196242, 2190221; 199593, 2189036; 202543, 2189120; 202683, 2191274; 200077, 2191445; 199462, 2189204; 202781, 2189288; 202922, 2192171; 199079, 2192786; 199311, 2189330; 203132, 2189365; 203279, (40) Hawaii 10—Bonamia menziesii—a 2193260; 199926, 2193724; 200763, 2189365; 203279, 2189260; 203454, (163 ha, 402 ac) 2193240; 201809, 2192548; 202245, 2189225; 203650, 2189113; 203776, (i) Unit consists of the following 12 2192040; 202231, 2191144; 202231, 2188959; 203629, 2188868; 203419, boundary points: Start at 194344, 2190040; 202215, 2189832; 202071, 2189043; 203342, 2188910; 203258,

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2188868; 203202, 2188945; 203272, 2186774; 201009, 2186431; 201114, 2189113; 203104, 2189120; 202886, 2186199; 201409, 2186389; 201640, 2189162; 202830, 2189099; 202865, 2186683; 201675, 2187187; 201738, 2189001; 202641, 2188966; 202711, 2187292; 201892, 2186998; 201913, 2188798; 202915, 2188742; 203041, 2186767; 201843, 2186571; 201780, 2188672; 203097, 2188602; 203041, 2186522; 201808, 2186312; 201913, 2188490; 202915, 2188497; 202901, 2186347; 201969, 2186227; 201899, 2188420; 202851, 2188322; 202627, 2186178; 201997, 2186038; 201934, 2188210; 202550, 2188280; 202382, 2185947; 201987, 2185871; 201923, 2188147; 202242, 2188070; 202095, 2185703; 201864, 2185800; 201794, 2188217; 201983, 2188231; 201913, 2185800; 201857, 2185569; 201871, 2188119; 201822, 2188224; 201850, 2185564; 200825, 2182788; 200596, 2188343; 201668, 2188553; return to 2182893; 200701, 2183146; 200785, starting point. (ii) Note: Map 42 follows: 2183391; 200890, 2183440; 200841, 2183566; 200848, 2183755; 200806, 2183860; 200855, 2183958; 200862, 2184287; 200596, 2184708; 200596, 2184820; 200351, 2184974; 200316, 2185219; 200197, 2185261; 200183, 2185695; 200204, 2185919; 200092, 2186010; 200113, 2186199; 200169, 2186375; 200211, 2186634; return to starting point. (ii) Note: Map 43 follows:

(44) Hawaii 10—Hibiscadelphus hualalaiensis—a (3,979 ha, 9,831 ac) (i) Unit consists of the following 38 boundary points: Start at 195782, 2185368; 195522, 2186168; 195315, 2186796; 195326, 2187196; 195544, 2187388; 195469, 2188155; 195786, 2188492; 195432, 2189916; 199124, 2191069; 199983, 2191543; 199508, 2192106; 200761, 2193288; 201812, 2192545; 201404, 2191895; 203343, 2189879; 203681, 2189439; 203918, 2188866; 203785, 2188371; 203480, 2187932; 202574, 2187761; 202584, 2187526; 202456, 2187271; 201998, 2186930; 201572, 2187207; 200965, (43) Hawaii 10—Delissea undulata—b 2187345; 200731, 2186962; 200177, (379 ha, 938 ac) 2186557; 200011, 2185340; 199774, (i) Unit consists of the following 46 2185089; 198932, 2185139; 198670, boundary points: Start at 200358, 2185243; 198391, 2185428; 198036, 2186648; 200652, 2186613; 200897, 2185330; 197566, 2185385; 197604,

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2186079; 197221, 2186183; 197270, (ii) Note: Map 45 follows: 2185549; 196319, 2185538; return to starting point. (ii) Excluding one area bounded by the following 12 points (15 ha, 38 ac): Start at 202034, 2189562; 202141, 2189566; 202153, 2189649; 202308, 2189645; 202298, 2189564; 202339, 2189548; 202329, 2189219; 202193, 2189187; 202230, 2189088; 202042, 2189024; 202020, 2189151; 202024, 2189554; return to starting point. (iii) Note: Map 44 follows:

(47) Hawaii 10—Nothocestrum (46) Hawaii 10—Neraudia ovata—a breviflorum—c (3,627 ha, 8,964 ac) (1,859 ha, 4,593 ac) (i) Unit consists of the following 29 (i) Unit consists of the following 15 boundary points: Start at 194693, boundary points: Start at 194344, 2188269; 194383, 2189286; 195034, 2189314; 194343, 2189318; 194355, 2189776; 195460, 2189937; 196240, 2189326; 195020, 2189752; 195454, 2190194; 199103, 2191128; 199891, 2189938; 196227, 2190232; 199076, 2191533; 198991, 2192862; 199103, 2191106; 201428, 2191880; 202171, 2193492; 199824, 2193830; 199804, 2192469; 202165, 2191079; 202163, 2193770; 200696, 2193256; 201895, 2189814; 199428, 2188470; 195418, 2192456; 201355, 2191804; 201174, 2187770; 194855, 2187783; 194588, 2186424; 201586, 2185393; 199915, (45) Hawaii 10—Hibiscus 2188581; return to starting point. 2185040; 199838, 2185152; 198796, 2185246; 198417, 2185384; 197754, brackenridgei—a (196 ha, 485 ac) (ii) Note: Map 46 follows: (i) Unit consists of the following six 2185341; 197538, 2185442; 197616, boundary points: Start at 202687, 2186073; 197228, 2186185; 197289, 2192346; 203014, 2192842; 203739, 2185505; 196333, 2185522; 196200, 2192737; 204306, 2191983; 203553, 2186785; 195323, 2187943; 194697, 2190355; 203111, 2191829; return to 2188256; return to starting point. starting point. (ii) Note: Map 47 follows:

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(50) Hawaii 10—Zanthoxylum (48) Hawaii 10—Pleomele hawaiiensis— (49) Hawaii 10—Solanum dipetalum ssp. tomentosum—a (1,685 b (1,338 ha, 3,306 ac) incompletum—a (705 ha, 1,741 ac) ha, 4,164 ac) (i) Unit consists of the following 19 (i) Unit consists of the following 14 (i) Unit consists of the following 30 boundary points: Start at 199227, boundary points: Start at 200840, boundary points: Start at 204490, 2191119; 199931, 2191535; 199427, 2183071; 200105, 2183211; 198217, 2186961; 204259, 2186791; 203663, 2192287; 198994, 2192926; 199211, 2183674; 196354, 2183822; 195904, 2186586; 203502, 2186552; 202908, 2193518; 199835, 2193778; 201804, 2185079; 198074, 2185218; 198313, 2186594; 202064, 2186341; 200938, 2186115; 200094, 2185862; 199277, 2192540; 202800, 2192542; 203018, 2185355; 198524, 2185294; 198681, 2185806; 198968, 2185581; 197898, 2192863; 203684, 2192822; 203919, 2185062; 199717, 2185030; 199911, 2185721; 197620, 2185755; 197630, 2192569; 203588, 2192149; 202916, 2185024; 200028, 2184733; 200540, 2186116; 197213, 2186192; 197260, 2191296; 201823, 2189505; 200231, 2184657; 200956, 2183332; return to 2185765; 197082, 2185778; 196970, 2188809; 200012, 2188896; 199513, starting point. 2185975; 196660, 2185975; 196294, 2189670; 199023, 2190652; 199126, (ii) Note: Map 49 follows: 2185806; 196217, 2186760; 197251, 2191046; return to starting point. 2187269; 197645, 2187579; 198321, (ii) Note: Map 48 follows: 2187579; 199334, 2187860; 199503, 2187860; 200544, 2188451; 203129, 2189150; 203527, 2189491; 203802, 2189055; 203972, 2188619; return to starting point. (ii) Note: Map 50 follows:

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(52) Hawaii 11—Solanum (53) [Reserved] incompletum—b (57 ha, 141 ac) (54) [Reserved] (i) Unit consists of the following (55) [Reserved] seven boundary points: Start at 195939, 2179184; 196289, 2178679; 196513, (56) [Reserved] 2178138; 196403, 2177670; 196252, (57) Hawaii 14—Cyanea hamatiflora (51) Hawaii 11—Cyanea hamatiflora 2177759; 196204, 2178081; 195581, ssp. carlsonii—b (597 ha, 1,475 ac) ssp. carlsonii—a (92 ha, 227 ac) 2178700; return to starting point. (i) Unit consists of the following 10 (i) Unit consists of the following 11 (ii) Note: Map 52 follows: boundary points: Start at 207156, boundary points: Start at 197174, 2146304; 207134, 2146239; 206598, 2177104; 196674, 2177566; 196458, 2144681; 206598, 2143570; 204429, 2177613; 196239, 2177751; 196187, 2143915; 204728, 2144393; 204674, 2178067; 195553, 2178701; 196028, 2145490; 204674, 2145491; 204426, 2179334; 196530, 2178147; 196637, 2146629; 204425, 2146649; return to 2177811; 197221, 2177377; 197278, starting point. 2177142; return to starting point. (ii) Note: Map 57 follows: (ii) Note: Map 51 follows:

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(60) Hawaii 16—Cyanea hamatiflora ssp. carlsonii—d (186 ha, 459 ac)

(58) Hawaii 15—Cyanea hamatiflora (59) Hawaii 15—Cyanea stictophylla—a (i) Unit consists of the following four ssp. carlsonii—c (1,045 ha, 2,583 ac) (685 ha, 1,693 ac) boundary points: Start at 203994, 2129916; 203715, 2131071; 205603, (i) Unit consists of the following eight (i) Unit consists of the following five 2131073; 206118, 2130489; return to boundary points: Start at 205937, boundary points: Start at 202738, starting point. 2135888; 202669, 2138135; 206446, 2136720; 204747, 2133469; 204039, (ii) Note: Map 60 follows: 2133547; 203420, 2133302; 203440, 2137807; 205568, 2136027; 203447, 2135670; 203670, 2137181; 203517, 2135810; return to starting point. 2138526; 206149, 2138468; return to (ii) Note: Map 59 follows: starting point. (ii) Note: Map 58 follows:

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(62) Hawaii 17—Diellia erecta—a (329 (63) Hawaii 17—Flueggea (61) Hawaii 16—Cyanea stictophylla—b ha, 814 ac) neowawraea—a (327 ha, 807 ac) (327 ha, 809 ac) (i) Unit consists of the following nine (i) Unit consists of the following eight (i) Unit consists of the following five boundary points: Start at 199021, boundary points: Start at 199031, boundary points: Start at 206085, 2121439; 198916, 2122019; 199049, 2121453; 198919, 2122094; 199007, 2130525; 204548, 2130013; 202838, 2122319; 199008, 2122707; 199063, 2122357; 198981, 2122641; 199188, 2129682; 202649, 2131030; 205588, 2122847; 199186, 2123092; 199520, 2123085; 199474, 2123194; 201018, 2131077; return to starting point. 2123204; 201031, 2123446; 201505, 2123445; 201491, 2122325; return to (ii) Note: Map 61 follows: 2122323; return to starting point. starting point. (ii) Note: Map 62 follows: (ii) Note: Map 63 follows:

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(65) Hawaii 18—Diellia erecta—b (1,615 (66) Hawaii 18—Flueggea (64) Hawaii 18—Colubrina ha, 3,992 ac) neowawraea—b (1,148 ha, 2,838 ac) oppositifolia—b (2,717 ha, 6,713 ac) (i) Unit consists of the following 13 (i) Unit consists of the following six (i) Unit consists of the following 15 boundary points: Start at 202997, boundary points: Start at 203129, boundary points: Start at 198394, 2119281; 203310, 2119053; 204449, 2119316; 204604, 2116730; 205505, 2113625; 198223, 2113930; 197796, 2119707; 205626, 2118736; 205346, 2115780; 204286, 2114193; 202146, 2114535; 197583, 2115280; 203752, 2118306; 205626, 2117783; 205999, 2115653; 200912, 2117708; return to 2119808; 203928, 2119514; 204315, 2117970; 206709, 2117375; 204354, starting point. 2119167; 205315, 2118433; 206212, 2114272; 202588, 2115599; 202097, (ii) Note: Map 66 follows: 2117332; 206446, 2117067; 204284, 2116400; 201568, 2117511; 201401, 2114251; 203373, 2114863; 202434, 2118078; return to starting point. 2114094; 201438, 2115531; 198636, 2113397; return to starting point. (ii) Note: Map 65 follows: (ii) Note: Map 64 follows:

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(68) Hawaii 18—Neraudia ovata—d (67) Hawaii 18—Gouania vitifolia—a (69) Hawaii 18—Pleomele hawaiiensis— (1,134 ha, 2,801 ac) (1,785 ha, 4,412 ac) c (1,997 ha, 4,934 ac) (i) Unit consists of the following 10 (i) Unit consists of the following five (i) Unit consists of the following 14 boundary points: Start at 201174, boundary points: Start at 204444, boundary points: Start at 202966, 2117843; 202959, 2119186; 204559, 2120239; 206850, 2117574; 204309, 2119257; 204672, 2117280; 206034, 2117309; 205954, 2116477; 204277, 2114257; 202399, 2115771; 201311, 2116476; 204325, 2114252; 203522, 2114280; 203399, 2114850; 202976, 2117954; return to starting point. 2114753; 203049, 2115266; 202477, 2115309; 202698, 2115528; 202028, (ii) Note: Map 67 follows: 2115720; 201375, 2115486; 199227, 2116090; 201532, 2117457; return to 2113813; 199190, 2114100; 198653, starting point. 2114587; 198378, 2115149; 198141, (ii) Note: Map 68 follows: 2115661; 201104, 2117894; return to starting point. (ii) Note: Map 69 follows:

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(70) Hawaii 19—Mariscus fauriei—a (71) Hawaii 20—Sesbania tomentosa—a (486 ha, 1,201 ac) (72) Hawaii 21—Ischaemum byrone—a (127 ha, 313 ac) (206 ha, 510 ac) (i) Unit consists of the following nine (i) Unit consists of the following 14 (i) Unit consists of the following 16 boundary points: Start at 220519, boundary points: Coast; 249798, 2124556; 248451, 2124193; 247078, boundary points: Start at 265058, 2105287; 220658, 2105408; 220821, 2131828; 265367, 2132139; 265624, 2105428; 221200, 2105198; 221467, 2126859; 247458, 2126835; 247811, 2127062; 248104, 2127469; 249187, 2132015; 265956, 2131806; 266250, 2104758; 221444, 2104588; 221445, 2131617; 266582, 2131721; 267180, 2104587; 221710, 2104303; 221694, 2126745; 249330, 2126069; 249701, 2125632. 2131645; 267711, 2131370; 267789, 2104107; 221493, 2103896; 221254, 2131408; 267891, 2131332; 268138, 2103732; 221032, 2103615; 220535, (ii) Note: Map 71 follows: 2131256; 268432, 2131114; 268755, 2104849; 220496, 2105093; return to 2131009; 269049, 2130962; 269248, starting point. 2130905; 269266, 2130849; return to (ii) Note: Map 70 follows: starting point. (ii) Note: Map 72 follows:

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(ii) Note: Map 74 follows:

(74) Hawaii 23—Pleomele hawaiiensis— (73) Hawaii 22—Ischaemum byrone—b d (8,943 ha, 22,097 ac) (159 ha, 393 ac) (75) Hawaii 23—Sesbania tomentosa—b (i) Unit consists of the following 33 (803 ha, 1,984 ac) (i) Unit consists of the following 11 boundary points: Start at 274892, boundary points: Coast; 284893, 2136370; 270874, 2135790; 269174, (i) Unit consists of the following 27 2137276; 279221, 2134615; 279221, 2134697; 267700, 2135019; 265425, boundary points: Start at 260007, 2134615; 279175, 2134728; 280175, 2135256; 264383, 2134214; 263150, 2138277; 260064, 2138614; 260288, 2135157; 281315, 2136008; 282395, 2133692; 260638, 2133740; 259217, 2138861; 260620, 2139007; 260945, 2136841; 284061, 2137614; 284803, 2134451; 257700, 2134309; 255757, 2138979; 261187, 2138985; 261288, 2137355; 284850, 2137360; 284874, 2132839; 253387, 2131465; 252487, 2138856; 261541, 2138867; 261945, 2137349. 2129948; 251241, 2130960; 250795, 2138822; 262013, 2138945; 262440, 2138951; 262861, 2138592; 263063, (ii) Note: Map 73 follows: 2131956; 251310, 2134361; 252547, 2134120; 253852, 2133261; 254607, 2138125; 262940, 2137446; 262614, 2135700; 255437, 2136482; 256222, 2136665; 262294, 2136266; 262007, 2136490; 256394, 2137383; 258592, 2135817; 261704, 2135564; 260951, 2138001; 261132, 2138090; 262576, 2135401; 260255, 2135424; 260176, 2137383; 263163, 2138161; 264146, 2135727; 260316, 2136075; 260361, 2138195; 268506, 2139617; 269645, 2136524; 260608, 2137002; 260580, 2139914; 270342, 2140091; 270763, 2137440; 260153, 2137906; 260058, 2139124; 272917, 2139676; 275306, 2138064; return to starting point. 2138240; return to starting point. (ii) Note: Map 75 follows:

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(76) Hawaii 24—Argyroxiphium (77) Hawaii 24—Asplenium fragile var. (78) Hawaii 24—Cyanea stictophylla—c kauense—b (7,795 ha, 19,261 ac) insulare—a (907 ha, 2,241 ac) (584 ha, 1,443 ac) (i) Unit consists of the following 27 (i) Unit consists of the following six (i) Unit consists of the following nine boundary points: Start at 241932, boundary points: Start at 239781, boundary points: Start at 240250, 2146263; 241417, 2145847; 239409, 2146615; 241003, 2145626; 238959, 2141066; 241783, 2139920; 240835, 2145112; 237401, 2142639; 235247, 2142183; 237893, 2141565; 237452, 2137607; 238868, 2139097; 238947, 2140949; 234781, 2139725; 232871, 2143181; 238209, 2145335; return to 2139692; 239116, 2140248; 239332, 2137399; 232161, 2136003; 230227, starting point. 2140329; 239455, 2140496; 239602, 2133432; 229223, 2132403; 227778, 2140570; return to starting point. (ii) Note: Map 77 follows: 2131032; 226357, 2130052; 225133, (ii) Note: Map 78 follows: 2129685; 223541, 2127995; 223150, 2128461; 223394, 2129220; 224594, 2130542; 226039, 2132819; 227998, 2136174; 231377, 2140386; 234659, 2143741; 236177, 2145945; 238210, 2148467; 239997, 2149789; 241711, 2149544; 242495, 2148491; 242372, 2147341; return to starting point. (ii) Note: Map 76 follows:

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(80) Hawaii 24—Phyllostegia velutina— (81) Hawaii 24—Plantago hawaiensis— a (2,466 ha, 6,093 ac) a (1,348 ha, 3,330 ac) (79) Hawaii 24—Melicope zahlbruckneri—a (434 ha, 1,072 ac) (i) Unit consists of the following 18 (i) Unit consists of the following 14 boundary points: Start at 238962, boundary points: Start at 239891, (i) Unit consists of the following four 2141970; 242007, 2139925; 242207, 2150141; 240843, 2150153; 241675, boundary points: Start at 238867, 2139714; 242118, 2139436; 241893, 2149824; 242668, 2149348; 241709, 2139105; 240894, 2140601; 241788, 2139030; 241440, 2137533; 241162, 2148593; 240533, 2148496; 240027, 2139910; 240819, 2137611; return to 2137224; 240062, 2137024; 239123, 2147666; 238765, 2146944; 238485, starting point. 2134346; 237550, 2135268; 238350, 2145606; 237676, 2145240; 237021, (ii) Note: Map 79 follows: 2137847; 235994, 2138947; 236552, 2144491; 235459, 2145119; 237410, 2140823; 237172, 2141003; 237594, 2147869; 238480, 2148664; return to 2141281; 237850, 2141570; 237828, starting point. 2142070; 238005, 2142204; return to (ii) Note: Map 81 follows: starting point. (ii) Note: Map 80 follows:

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(ii) Note: Map 83 follows:

(83) Hawaii 25—Plantago hawaiensis— (82) Hawaii 25—Argyroxiphium b (1,522 ha, 3,762 ac) kauense—c (2,006 ha, 4,957 ac) (i) Unit consists of the following 35 (84) Hawaii 25—Silene hawaiiensis—a (i) Unit consists of the following 13 boundary points: Start at 250884, (854 ha, 2,110 ac) boundary points: Start at 250289, 2156394; 250042, 2154844; 249371, 2157327; 251003, 2156578; 251595, 2154454; 247769, 2154222; 246915, (i) Unit consists of the following 20 2155516; 250654, 2154088; 249731, 2154794; 245791, 2156465; 245586, boundary points: Start at 249605, 2153374; 248704, 2153565; 247907, 2156984; 245636, 2157360; 245710, 2154443; 249282, 2155670; 249489, 2154271; 246893, 2155307; 245987, 2157517; 245929, 2157517; 246442, 2156083; 248205, 2157211; 248257, 2156978; 246353, 2158267; 247468, 2157846; 247040, 2157529; 247235, 2157694; 248587, 2158073; 249179, 2159347; 248478, 2158877; 249279, 2157212; 247369, 2156711; 247784, 2158214; 249790, 2157993; 250127, 2158302; return to starting point. 2156175; 248224, 2155589; 248639, 2157482; 250559, 2157202; 251403, 2155406; 248980, 2155320; 249005, 2156390; 252371, 2155266; 251701, (ii) Note: Map 82 follows: 2155564; 249285, 2156187; 248773, 2154870; 251902, 2154637; 252099, 2156528; 248358, 2157090; 247967, 2154017; 252071, 2153773; 251517, 2157383; 248175, 2157737; 247528, 2154149; 251301, 2154449; 250993, 2157895; 246991, 2158164; 246649, 2154406; 250728, 2154562; return to 2158418; 246674, 2158444; 246320, starting point. 2159164; 246527, 2159640; 246918, 2159860; 247369, 2159775; 247723, (ii) Note: Map 84 follows: 2159701; 248761, 2158530; 249786, 2157944; return to starting point.

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(85) Hawaii 26—Hibiscadelphus (86) Hawaii 26—Melicope (87) Hawaii 27—Portulaca giffardianus—a (149 ha, 367 ac) zahlbruckneri—b (495 ha, 1,224 ac) sclerocarpa—a (4,390 ha, 10,848 ac) (i) Unit consists of the following 18 (i) Unit consists of the following (i) Unit consists of the following nine boundary points: Start at 256349, seven boundary points: Start at 259520, boundary points: Start at 263596, 2151035; 256516, 2151138; 256717, 2152124; 258420, 2150913; 257324, 2140748; 262234, 2140517; 258055, 2151196; 257064, 2151279; 257624, 2150755; 256781, 2150023; 255379, 2142041; 254269, 2144742; 255668, 2151506; 257795, 2151400; 258009, 2150583; 257220, 2152206; 259198, 2145679; 257593, 2146289; 260387, 2151416; 258048, 2151718; 258777, 2152680; return to starting point. 2146659; 262395, 2147120; 265212, 2152045; 258966, 2151770; 259051, (ii) Note: Map 86 follows: 2144650; return to starting point. 2151582; 258433, 2150898; 258430, (ii) Note: Map 87 follows: 2150898; 257945, 2150909; 257790, 2150915; 257034, 2150898; 256769, 2150857; 256333, 2150857; return to starting point. (ii) Note: Map 85 follows:

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(89) Hawaii 28—Adenophorus periens— (88) Hawaii 27—Silene hawaiiensis—b a (2,733 ha, 6,754 ac) (90) Hawaii 29—Clermontia peleana—c (1,942 ha, 4,798 ac) (6,845 ha, 16,914 ac) (i) Unit consists of the following 11 (i) Unit consists of the following 28 boundary points: Start at 279712, (i) Unit consists of the following 29 boundary points: Start at 261207, 2148510; 276648, 2146439; 271250, boundary points: Start at 256704, 2150002; 262152, 2149529; 262966, 2147346; 271140, 2147797; 271319, 2173629; 258341, 2177012; 260142, 2148732; 262640, 2147357; 261953, 2148257; 271361, 2149267; 271770, 2179904; 261881, 2182923; 262993, 2146398; 261102, 2146308; 260976, 2149568; 276751, 2150845; 277839, 2182963; 264053, 2182050; 265872, 2145910; 260541, 2145204; 261048, 2151215; 279362, 2150061; 279952, 2181759; 266999, 2181195; 267018, 2144534; 260596, 2144100; 260125, 2149315; return to starting point. 2180286; 266781, 2179777; 266454, 2144299; 259890, 2144552; 259220, 2179686; 265993, 2179903; 265443, 2144335; 258515, 2144335; 257845, (ii) Note: Map 89 follows: 2179855; 264701, 2179425; 264030, 2144263; 256922, 2144462; 256560, 2179281; 263288, 2179209; 262953, 2145059; 256506, 2145801; 256886, 2178826; 262905, 2178084; 262761, 2145710; 257239, 2146201; 257501, 2177461; 262498, 2176480; 261708, 2146344; 258279, 2147086; 258496, 2175450; 262666, 2174828; 264380, 2147337; 258877, 2147212; 258949, 2174192; 265235, 2173756; 265744, 2147864; 259637, 2148117; 260035, 2172137; 265944, 2171082; 261670, 2148895; 260704, 2149800; return to 2170827; 257377, 2170773; 257013, starting point. 2171646; return to starting point. (ii) Note: Map 88 follows: (ii) Note: Map 90 follows:

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(93) Hawaii 29—Cyrtandra (92) Hawaii 29—Cyrtandra giffardii—b (91) Hawaii 29—Cyanea platyphylla—b tintinnabula—b (378 ha, 934 ac) (1,524 ha, 3,767 ac) (938 ha, 2,319 ac) (i) Unit consists of the following eight (i) Unit consists of the following 28 (i) Unit consists of the following 15 boundary points: Start at 267234, boundary points: Start at 262416, boundary points: Start at 270137, 2180396; 266451, 2180468; 263662, 2181378; 262234, 2181545; 262682, 2179182; 270117, 2178705; 269049, 2181160; 263032, 2181914; 263831, 2181990; 263440, 2181695; 263960, 2178426; 266707, 2178218; 265505, 2182224; 264610, 2181934; 265290, 2182446; 264133, 2182822; 263843, 2178550; 264852, 2179669; 264237, 2181716; 267462, 2181056; return to 2183142; 264177, 2183241; 264755, 2180565; 263774, 2181296; 263878, starting point. 2181980; 264821, 2183016; 265256, 2182952; 264784, 2183472; 265594, 2183296; 265629, 2183151; 267567, 2183524; 267656, 2181395; 267302, (ii) Note: Map 93 follows: 2181379; 266904, 2179742; 269567, 2180559; 267067, 2180712; 266763, 2179503; return to starting point. 2180438; 266546, 2180496; 266214, (ii) Note: Map 91 follows: 2180553; 265752, 2180423; 265275, 2180683; 264856, 2180640; 264596, 2180553; 264191, 2180611; 264018, 2180727; 263642, 2180727; 263367, 2181102; 263122, 2181334; 262891, 2181536; 262486, 2181377; return to starting point. (ii) Note: Map 92 follows:

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(ii) Note: Map 94 follows:

(94) Hawaii 30—Argyroxiphium (96) Hawaii 30—Cyanea shipmanii—b kauense—d (4,281 ha, 10,578 ac) (62 ha, 152 ac) (i) Unit consists of the following 35 (95) Hawaii 30—Clermontia lindseyana—c (1,634 ha, 4,037 ac) (i) Unit consists of the following 17 boundary points: Start at 251376, boundary points: Start at 250385, 2166456; 250829, 2167375; 250254, (i) Unit consists of the following 13 2172716; 250588, 2172812; 250726, 2169847; 250992, 2170628; 251020, boundary points: Start at 254584, 2172919; 250993, 2173015; 251162, 2172877; 251769, 2174236; 252605, 2164181; 253305, 2167650; 254302, 2173040; 251356, 2172692; 251292, 2174758; 254398, 2174497; 255008, 2172620; 251217, 2172460; 251121, 2173313; 255513, 2172668; 255879, 2168554; 256320, 2167251; 256487, 2171502; 255879, 2170492; 255339, 2165898; 257687, 2164037; 257302, 2172321; 251014, 2172236; 250918, 2169604; 255451, 2168509; 256441, 2163331; 258133, 2162854; 258725, 2172140; 250790, 2172086; 250673, 2167275; 256753, 2166610; 256810, 2162386; 258756, 2162085; 257655, 2172161; 250545, 2172300; 250385, 2165770; 256453, 2164780; 255495, 2161172; 256263, 2162480; 255102, 2172332; 250300, 2172449; 250310, 2163352; 255306, 2163361; 254541, 2163686; return to starting point. 2172535; return to starting point. 2164098; 254498, 2164137; 254481, (ii) Note: Map 95 follows: (ii) Note: Map 96 follows: 2164182; 254455, 2164255; 254449, 2164271; 254374, 2164589; 254004, 2165599; 253287, 2167525; 253238, 2167661; 253194, 2167785; 253194, 2167786; 253193, 2167786; 253192, 2167786; 253191, 2167786; 253146, 2167752; return to starting point.

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(97) Hawaii 30—Cyanea shipmanii—c (98) Hawaii 30—Cyanea stictophylla—d (825 ha, 2,038 ac) (623 ha, 1,539 ac) (99) Hawaii 30—Cyrtandra giffardii—c (3,872 ha, 9,567 ac) (i) Unit consists of the following 17 (i) Unit consists of the following 27 boundary points: Start at 254374, boundary points: Start at 254498, (i) Unit consists of the following 28 2164589; 254004, 2165599; 253236, 2164341; 254727, 2164444; 255743, boundary points: Start at 266492, 2167756; 253128, 2168010; 254193, 2164078; 255868, 2163816; 256222, 2165136; 267184, 2165097; 267638, 2168432; 254246, 2168296; 254470, 2164021; 256656, 2163576; 257560, 2165195; 269069, 2162612; 268669, 2167400; 254649, 2167176; 255481, 2163785; 257352, 2163331; 258066, 2161281; 267615, 2161161; 266924, 2167289; 256666, 2167013; 256799, 2162902; 257844, 2161395; 257900, 2160825; 266490, 2159798; 265048, 2166728; 257113, 2166101; 257113, 2161317; 259249, 2160573; 260356, 2159265; 264495, 2159127; 264001, 2164936; 256396, 2164757; 255321, 2159979; 259695, 2159517; 259319, 2158357; 263902, 2157567; 264357, 2165116; 254559, 2165295; 254649, 2159380; 258898, 2159773; 258849, 2155927; 263981, 2154960; 263634, 2164623; return to starting point. 2159861; 258810, 2159929; 258784, 2154426; 262793, 2155728; 262477, 2156217; 261337, 2155564; 260360, (ii) Note: Map 97 follows: 2159981; 258755, 2160036; 258715, 2160077; 258688, 2160104; 258437, 2157263; 260584, 2159423; 260367, 2160584; 258243, 2160676; 258167, 2160114; 260734, 2160659; 263088, 2160673; 256128, 2162630; 254574, 2160361; 264090, 2162500; 264176, 2164116; return to starting point. 2162638; 264221, 2162790; 264951, 2164464; 265860, 2164445; return to (ii) Note: Map 98 follows: starting point. (ii) Note: Map 99 follows:

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(101) Hawaii 30—Phyllostegia (100) Hawaii 30—Phyllostegia (102) Hawaii 30—Plantago velutina—b (1,180 ha, 2,916 ac) racemosa—c (267 ha, 659 ac) hawaiensis—c (1,219 ha, 3,012 ac) (i) Unit consists of the following 25 (i) Unit consists of the following 10 (i) Unit consists of the following 13 boundary points: Start at 255001, boundary points: Start at 255001, boundary points: Start at 254476, 2163655; 256020, 2163968; 257556, 2163655; 256020, 2163968; 257634, 2168522; 254473, 2168510; 254874, 2163812; 257342, 2163356; 258145, 2163912; 257384, 2163319; 257871, 2167383; 256572, 2166997; 257174, 2162834; 258761, 2162325; 259766, 2163010; 257756, 2162804; 256542, 2165685; 257971, 2164620; 258044, 2162727; 259792, 2162339; 260155, 2162680; 256379, 2162447; 256238, 2164337; 257576, 2163925; 256125, 2161636; 260142, 2160687; 260553, 2162463; 256081, 2162615; return to 2164018; 255434, 2163788; 255099, 2160880; 260676, 2160624; 260669, starting point. 2163685; 254488, 2164250; 253207, 2159628; 260010, 2158695; 259835, 2168032; return to starting point. (ii) Note: Map 100 follows: 2158111; 258895, 2159775; 258845, 2159864; 258808, 2159929; 258780, (ii) Note: Map 102 follows: 2159981; 258748, 2160040; 258707, 2160080; 258644, 2160142; 258562, 2160221; 258544, 2160239; 256081, 2162615; return to starting point. (ii) Note: Map 101 follows:

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(103) Hawaii 30—Sicyos alba—a (6,266 ha, 15,483 ac) (i) Unit consists of the following 18 boundary points: Start at 266388, 2165221; 267132, 2165147; 267709, 2165277; 267412, 2162783; 268417, 2161049; 269013, 2157105; 267821, 2155262; 264606, 2153076; 262507, 2156298; 261492, 2155783; 259208, 2160114; 260710, 2160549; 263148, 2160288; 264210, 2162671; 264954, 2164570; 265289, 2164477; 265811, 2164588; 266183, 2164886; return to starting point. (ii) Note: Map 103 follows: (104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii

Unit name Species occupied Species unoccupied

Hawaii 9—Achyranthes mutica—a ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—b ...... Achyranthes mutica.

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(104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii—Continued

Unit name Species occupied Species unoccupied

Hawaii 9—Achyranthes mutica—c ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—d ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—e ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—f ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—g ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—h ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—i ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—j ...... Achyranthes mutica. Hawaii 28—Adenophorus periens—a ...... Adenophorus periens. Hawaii 10—Argyroxiphium kauense—a ...... Argyroxiphium kauense. Hawaii 24—Argyroxiphium kauense—b ...... Argyroxiphium kauense. Hawaii 25—Argyroxiphium kauense—c ...... Argyroxiphium kauense. Hawaii 30—Argyroxiphium kauense—d ...... Argyroxiphium kauense. Hawaii 24—Asplenium fragile var. insulare—a.. Asplenium fragile var. insulare. Hawaii 10—Bonamia menziesii—a ...... Bonamia menziesii. Hawaii 8—Clermontia drepanomorpha—a ...... Clermontia drepanomorpha. Hawaii 1—Clermontia lindseyana—a ...... Clermontia lindseyana. Hawaii 2—Clermontia lindseyana—b ...... Clermontia lindseyana. Hawaii 30—Clermontia lindseyana—c ...... Clermontia lindseyana. Hawaii 1—Clermontia peleana—a ...... Clermontia peleana. Hawaii 3—Clermontia peleana—b ...... Clermontia peleana. Hawaii 29—Clermontia peleana—c ...... Clermontia peleana. Hawaii 1—Clermontia pyrularia—a ...... Clermontia pyrularia. Hawaii 2—Clermontia pyrularia—b ...... Clermontia pyrularia. Hawaii 10—Colubrina oppositifolia—a ...... Colubrina oppositifolia. Hawaii 18—Colubrina oppositifolia—b ...... Colubrina oppositifolia. Hawaii 11—Cyanea hamatiflora ssp. carlsonii— Cyanea hamatiflora ssp. carlsonii. a. Hawaii 14—Cyanea hamatiflora ssp. carlsonii— ...... Cyanea hamatiflora ssp. carlsonii. b. Hawaii 15—Cyanea hamatiflora ssp. carlsonii— ...... Cyanea hamatiflora ssp. carlsonii. c. Hawaii 16—Cyanea hamatiflora ssp. carlsonii— Cyanea hamatiflora ssp. carlsonii. d. Hawaii 3—Cyanea platyphylla—a ...... Cyanea platyphylla. Hawaii 29—Cyanea platyphylla—b ...... Cyanea platyphylla. Hawaii 1—Cyanea shipmanii—a ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii—b ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii—c ...... Cyanea shipmanii. Hawaii 15—Cyanea stictophylla—a ...... Cyanea stictophylla. Hawaii 16—Cyanea stictophylla—b ...... Cyanea stictophylla. Hawaii 24—Cyanea stictophylla—c ...... Cyanea stictophylla. Hawaii 30—Cyanea stictophylla—d ...... Cyanea stictophylla. Hawaii 3—Cyrtandra giffardii—a ...... Cyrtandra giffardii. Hawaii 29—Cyrtandra giffardii—b ...... Cyrtandra giffardii. Hawaii 30—Cyrtandra giffardii—c ...... Cyrtandra giffardii. Hawaii 3—Cyrtandra tintinnabula—a ...... Cyrtandra tintinnabula. Hawaii 29—Cyrtandra tintinnabula—b ...... Cyrtandra tintinnabula. Hawaii 10—Delissea undulata—a ...... Delissea undulata. Hawaii 10—Delissea undulata—b ...... Delissea undulata. Hawaii 17—Diellia erecta—a ...... Diellia erecta. Hawaii 18—Diellia erecta—b ...... Diellia erecta. Hawaii 17—Flueggea neowawraea—a ...... Flueggea neowawraea. Hawaii 18—Flueggea neowawraea—b ...... Flueggea neowawraea. Hawaii 18—Gouania vitifolia—a ...... Gouania vitifolia. Hawaii 26—Hibiscadelphus giffardianus—a ...... Hibiscadelphus giffardianus. Hawaii 10—Hibiscadelphus hualalaiensis—a .... Hibiscadelphus hualalaiensis. Hawaii 10—Hibiscus brackenridgei—a ...... Hibiscus brackenridgei. Hawaii 21—Ischaemum byrone—a ...... Ischaemum byrone. Hawaii 22—Ischaemum byrone—b ...... Ischaemum byrone. Hawaii 4—Isodendrion hosakae—a ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—b ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—c ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—d ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—e ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—f ...... Isodendrion hosakae. Hawaii 19—Mariscus fauriei—a ...... Mariscus fauriei. Hawaii 24—Melicope zahlbruckneri—a ...... Melicope zahlbruckneri. Hawaii 26—Melicope zahlbruckneri—b ...... Melicope zahlbruckneri. Hawaii 10—Neraudia ovata—a ...... Neraudia ovata. Hawaii 18—Neraudia ovata—d ...... Neraudia ovata. Hawaii 5—Nothocestrum breviflorum—a ...... Nothocestrum breviflorum.

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(104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii—Continued

Unit name Species occupied Species unoccupied

Hawaii 6—Nothocestrum breviflorum—b ...... Nothocestrum breviflorum. Hawaii 10—Nothocestrum breviflorum—c ...... Nothocestrum breviflorum. Hawaii 1—Phyllostegia racemosa—a ...... Phyllostegia racemosa. Hawaii 2—Phyllostegia racemosa—b ...... Phyllostegia racemosa. Hawaii 30—Phyllostegia racemosa—c ...... Phyllostegia racemosa. Hawaii 24—Phyllostegia velutina—a ...... Phyllostegia velutina. Hawaii 30—Phyllostegia velutina—b ...... Phyllostegia velutina. Hawaii 3—Phyllostegia warshaueri—a ...... Phyllostegia warshaueri. Hawaii 8—Phyllostegia warshaueri—b ...... Phyllostegia warshaueri. Hawaii 24—Plantago hawaiensis—a ...... Plantago hawaiensis. Hawaii 25—Plantago hawaiensis—b ...... Plantago hawaiensis. Hawaii 30—Plantago hawaiensis—c ...... Plantago hawaiensis. Hawaii 7—Pleomele hawaiiensis—a ...... Pleomele hawaiiensis. Hawaii 10—Pleomele hawaiiensis—b ...... Pleomele hawaiiensis. Hawaii 18—Pleomele hawaiiensis—c ...... Pleomele hawaiiensis. Hawaii 23—Pleomele hawaiiensis—d ...... Pleomele hawaiiensis. Hawaii 27—Portulaca sclerocarpa—a ...... Portulaca sclerocarpa. Hawaii 20—Sesbania tomentosa—a ...... Sesbania tomentosa. Hawaii 23—Sesbania tomentosa—b ...... Sesbania tomentosa. Hawaii 30—Sicyos alba—a ...... Sicyos alba. Hawaii 25—Silene hawaiiensis—a ...... Silene hawaiiensis. Hawaii 27—Silene hawaiiensis—b ...... Silene hawaiiensis. Hawaii 10—Solanum incompletum—a ...... Solanum incompletum. Hawaii 11—Solanum incompletum—b ...... Solanum incompletum. Hawaii 4—Vigna o-wahuensis—a ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis—b ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis—c ...... Vigna o-wahuensis. Hawaii 10—Zanthoxylum dipetalum ssp. Zanthoxylum dipetalum ssp. tomentosum. tomentosum—a.

(105) Critical habitat unit descriptions polymorpha, Myoporum sandwicense, Silene hawaiiensis, or Vaccinium and maps, and a description of primary Osteomeles anthyllidifolia, Nestegis reticulatum; and constituent elements, for Family sandwicensis, Santalum ellipticum, or (ii) Elevations between 1,583 and Malvaceae: Kokia drynariodes on the Sophora chrysophylla; and 2,246 m (5,193 and 8,024 ft). island of Hawaii is provided in 50 CFR (ii) Elevations between 646 and 1,509 Family Campanulaceae: Clermontia 17.96(a). m (2,120 and 4,949 ft). drepanomorpha (oha wai) (l) Plants on the island of Hawaii; Family Asteraceae: Argyroxiphium Constituent elements. Hawaii 8—Clermontia kauense (Mauna Loa silversword) (1) Flowering plants. drepanomorpha—a, identified in the Hawaii 10—Argyroxiphium legal description in paragraph (k) of this Achyranthes Family Amaranthaceae: kauense—a, Hawaii 24—Argyroxiphium section, constitutes critical habitat for mutica (NCN) kauense—b, Hawaii 25—Argyroxiphium Clermontia drepanomorpha on Hawaii. Hawaii 9—Achyranthes mutica—a, kauense—c, and Hawaii 30— Within this unit, the currently known Hawaii 9—Achyranthes mutica—b, Argyroxiphium kauense—d, identified primary constituent elements of critical Hawaii 9—Achyranthes mutica—c, in the legal descriptions in paragraph (k) habitat include, but are not limited to, Hawaii 9—Achyranthes mutica—d, of this section, constitute critical habitat the habitat components provided by: Hawaii 9—Achyranthes mutica—e, for Argyroxiphium kauense on Hawaii. (i) Metrosideros polymorpha, Hawaii 9—Achyranthes mutica—f, Within these units, the currently known Cheirodendron trigynum, and Cibotium Hawaii 9—Achyranthes mutica—g, primary constituent elements of critical glaucum dominated montane wet Hawaii 9—Achyranthes mutica—h, habitat include, but are not limited to, forests, containing one or more of the Hawaii 9—Achyranthes mutica—i, the habitat components provided by: following native plant species: Astelia Hawaii 9—Achyranthes mutica—j, (i) Moist, open forest; subalpine mesic menziesiana, Carex alligata, Coprosma identified in the legal descriptions in shrubland; bogs; and weathered, old sp., Cyanea pilosa, Leptecophylla paragraph (k) of this section, constitute pahoehoe (smooth) or aa (rough) lava tameiameiae, Melicope clusiifolia, and critical habitat for Achyranthes mutica with well-developed pockets of soil, and Rubus hawaiiensis, or sphagnum moss; on Hawaii. Within these units, the containing one or more of the following and currently known primary constituent associated native plant species: (ii) Elevations between 1,106 and elements of critical habitat include, but Asplenium peruvianum var. insulare, 1,676 m (3,627 and 5,459 ft). are not limited to, the habitat Carex alligata, Carex sp., Coprosma Clermontia components provided by: ernodeoides, Coprosma montana, Family Campanulaceae: lindseyana (i) Acacia koaia lowland dry forest, Deschampsia nubigena, Dodonaea (oha wai) primarily in gulches but also in remnant viscosa, Dubautia ciliolata, Gahnia Hawaii 1—Clermontia lindseyana—a, stands of forest, and containing one or gahniiformis, Geranium cuneatum, Hawaii 2—Clermontia lindseyana—b, more of the following associated native Leptecophylla tameiameiae, and Hawaii 30—Clermontia plant species: Dodonaea viscosa, Metrosideros polymorpha, Plantago lindseyana—c, identified in the legal Erythrina sandwicensis, Metrosideros hawaiensis, Rhynchospora chinensis, descriptions in paragraph (k) of this

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section, constitute critical habitat for Family Campanulaceae: Cyanea and containing one or more of the Clermontia lindseyana on Hawaii. hamatiflora ssp. carlsonii (haha) following associated native plant Within these units, the currently known Hawaii 11—Cyanea hamatiflora ssp. species: Cheirodendron trigynum, Ilex primary constituent elements of critical carlsonii—a, Hawaii 14—Cyanea anomala, or Myrsine lessertiana; and (ii) Elevations between 1,629 and habitat include, but are not limited to, hamatiflora ssp. carlsonii—b, Hawaii 2,025 m (5,345 and 6,645 ft). the habitat components provided by: 15—Cyanea hamatiflora ssp. carlsonii— (i) Slightly open forest cover in wet c, and Hawaii 16—Cyanea hamatiflora Family Campanulaceae: Cyanea and mesic Metrosideros polymorpha- ssp. carlsonii—d, identified in the legal stictophylla (haha) Acacia koa forest, M. polymorpha forest, descriptions in paragraph (k) of this Hawaii 15—Cyanea stictophylla—a, and mixed montane mesic M. section, constitute critical habitat for polymorpha-Acacia koa forest and Hawaii 16—Cyanea stictophylla—b, Cyanea hamatiflora ssp. carlsonii on Hawaii 24—Cyanea stictophylla—c, and containing one or more of the following Hawaii. Within these units, the associated native plant species: Hawaii 30—Cyanea stictophylla—d, currently known primary constituent identified in the legal descriptions in Athyrium sp., Cheirodendron trigynum, elements of critical habitat include, but Coprosma sp., Leptecophylla paragraph (k) of this section, constitute are not limited to, the habitat critical habitat for Cyanea stictophylla tameiameiae, Peperomia sp., or Rubus components provided by: hawaiiensis; and on Hawaii. Within these units, the (i) Mesic montane forest dominated currently known primary constituent (ii) Elevations between 1,495 and by Acacia koa or Metrosideros 1,953 m (4,906 and 6,407 ft). elements of critical habitat include, but polymorpha, and containing one or are not limited to, the habitat Family Campanulaceae: Clermontia more of the following associated native components provided by: peleana (oha wai) plant species: Athyrium sp., Cibotium (i) Acacia koa or wet Metrosideros spp., Clermontia clermontioides, Hawaii 1—Clermontia peleana—a, polymorpha forests, containing one or Coprosma sp., Dryopteris sp., Hedyotis more of the following associated native Hawaii 3—Clermontia peleana—b, and sp., Ilex anomala, Myoporum Hawaii 29—Clermontia peleana—c, plant species: Cibotium sp., Melicope sandwicense, or Sophora chrysophylla; spp., or Urera glabra; and identified in the legal descriptions in and paragraph (k) of this section, constitute (ii) Between elevations of 1,056 and (ii) Elevations between 1,366 and 1,917 m (3,466 and 6,288 ft). critical habitat for Clermontia peleana 1,755 m (4,482 and 5,759 ft). on Hawaii. Within these units, the Family Campanulaceae: Delissea currently known primary constituent Family Campanulaceae: Cyanea undulata (NCN) platyphylla (haha) elements of critical habitat include, but Hawaii 10—Delissea undulata—a and are not limited to, the habitat Hawaii 3—Cyanea platyphylla—a and Hawaii 10—Delissea undulata—b, components provided by: Hawaii 29—Cyanea platyphylla—b, identified in the legal descriptions in (i) Montane, wet Metrosideros- identified in the legal descriptions in paragraph (k) of this section, constitute Cibotium forest containing one or more paragraph (k) of this section, constitute critical habitat for Delissea undulata on of the following associated native plant critical habitat for Cyanea platyphylla Hawaii. Within these units, the species: Cheirodendron trigynum, on Hawaii. Within these units, the currently known primary constituent Cibotium chamissoi, Cibotium currently known primary constituent elements of critical habitat include, but menziesii, Clermontia hawaiiensis, elements of critical habitat include, but are not limited to, the habitat Coprosma pubens, Cyrtandra are not limited to, the habitat components provided by: platyphylla, Ilex anomala, or Sadleria components provided by: (i) Dry cinder cones and open spp.; and (i) Metrosideros polymorpha-Acacia Metrosideros polymorpha and Sophora (ii) Elevations between 663 and 1,622 koa lowland and montane wet forests, chrysophylla forest, and containing one m (2,175 and 5,321 ft). containing one or more of the following or more of the following associated Family Campanulaceae: Clermontia associated native plant species: native plant species: Acacia koa, pyrularia (oha wai) Antidesma platyphyllum, Cibotium sp., Diospyros sandwicensis, Dodonaea Clermontia spp., Coprosma sp., viscosa, Nothocestrum breviflorum, Hawaii 1—Clermontia pyrularia—a Cyrtandra spp., Hedyotis sp., Perrottetia Psychotria spp., Santalum paniculatum, and Hawaii 2—Clermontia pyrularia—b, sandwicensis, Psychotria hawaiiensis, or Sophora chrysophylla; and identified in the legal descriptions in or Scaevola spp.; and (ii) Elevations between 893 to 1,734 m paragraph (k) of this section, constitute (ii) Elevations between 615 and 1,082 (2,928 to 5,690 ft). critical habitat for Clermontia pyrularia m (2,017 and 3,551 ft). on Hawaii. Within these units, the Family Caryophyllaceae: Silene currently known primary constituent Family Campanulaceae: Cyanea hawaiiensis (NCN) shipmanii elements of critical habitat include, but (haha) Hawaii 25—Silene hawaiiensis—a are not limited to, the habitat Hawaii 1—Cyanea shipmanii—a, and Hawaii 27—Silene hawaiiensis—b, components provided by: Hawaii 30—Cyanea shipmanii—b, and identified in the legal descriptions in (i) Wet and mesic montane forest Hawaii 30—Cyanea shipmanii—c, paragraph (k) of this section, constitute dominated by Acacia koa or identified in the legal descriptions in critical habitat for Silene hawaiiensis on Metrosideros polymorpha, and paragraph (k) of this section, constitute Hawaii. Within these units, the subalpine dry forest dominated by M. critical habitat for Cyanea shipmanii on currently known primary constituent polymorpha, and containing one or Hawaii. Within these units, the elements of critical habitat include, but more of the following associated native currently known primary constituent are not limited to, the habitat plant species: Coprosma sp., Dryopteris elements of critical habitat include, but components provided by: wallichiana, Hedyotis sp., or Rubus are not limited to, the habitat (i) Weathered lava or variously aged hawaiensis; and components provided by: lava flows and cinder substrates in (ii) Elevations between 1,652 and (i) Montane mesic forest dominated montane and subalpine dry shrubland 2,026 m (5,416 to 6,646 ft). by Acacia koa-Metrosideros polymorpha containing one or more of the following

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associated native plant species: Hawaii. Within this unit, the currently Sporobolus virginicus, or Waltheria Dodonaea viscosa, Leptecophylla known primary constituent elements of indica; and tameiameiae, Metrosideros polymorpha, critical habitat include, but are not (ii) Elevations between sea level and Rumex giganteus, Sophora limited to, the habitat components 922 m (0 and 3,025 ft). chrysophylla, or Vaccinium reticulatum; provided by: Family Fabaceae: Vigna o-wahuensis (i) Diospyros sandwicensis- and (NCN) (ii) Elevations between 1,022 and Metrosideros polymorpha-Sapindus 2,413 m (3,352 and 7,915 ft). saponaria dominated lowland dry Hawaii 4—Vigna o-wahuensis—a, forests, often on a lava substrate, and Hawaii 4—Vigna o-wahuensis—b, and Family Convolvulaceae: Bonamia containing one or more of the following Hawaii 4—Vigna o-wahuensis—c, menziesii (NCN) associated native plant species: identified in the legal descriptions in Hawaii 10—Bonamia menziesii—a, Myoporum sandwicense, Osteomeles paragraph (k) of this section, constitute identified in the legal description in anthyllidifolia, Peperomia blanda var. critical habitat for Vigna o-wahuensis on paragraph (k) of this section, constitutes floribunda, Psydrax odorata, Rauvolfia Hawaii. Within these units, the critical habitat for Bonamia menziesii sandwicensis, or Sophora chrysophylla; currently known primary constituent on Hawaii. Within this unit, the and elements of critical habitat include, but currently known primary constituent (ii) Elevations between 278 and 342 m are not limited to, the habitat elements of critical habitat include, but (913 and 1,123 ft). components provided by: are not limited to, the habitat (i) Dodonaea viscosa lowland dry Flueggea components provided by: Family Euphorbiaceae: shrubland, containing one or more of (i) Dry forest, containing one or more neowawraea (mehamehame) the following associated native plant of the following associated native plant Hawaii 17—Flueggea neowawraea—a species: Chenopodium oahuense, species: Argemone glauca, Canavalia and Hawaii 18—Flueggea Dodonaea viscosa, Osteomeles hawaiiensis, Chenopodium oahuense, neowawraea—b, identified in the legal anthyllidifolia, Sida fallax, or Diospyros sandwicensis, Dodonaea descriptions in paragraph (k) of this Wikstroemia sp.; and viscosa, Erythrina sandwicensis, section, constitute critical habitat for (ii) Elevations between 717 and 993 m Metrosideros polymorpha, Myrsine Flueggea neowawraea on Hawaii. (2,352 and 3,259 ft). lanaiensis, Nototrichium sandwicense, Within these units, the currently known Family Gesneriaceae: Cyrtandra Osteomeles anthyllidifolia, Peperomia primary constituent elements of critical giffardii (haiwale) blanda var. floribunda, Pouteria habitat include, but are not limited to, sandwicensis, Psilotum nudum, the habitat components provided by: Hawaii 3—Cyrtandra giffardii—a, Santalum paniculatum, Sapindus (i) Mesic Metrosideros polymorpha Hawaii 29—Cyrtandra giffardii—b, and saponaria, Senna gaudichaudii, Sida forest, containing one or more of the Hawaii 30—Cyrtandra giffardii—c, fallax, Sophora chrysophylla, or following associated native plant identified in the legal descriptions in Xylosma hawaiiense; and species: Antidesma platyphyllum, paragraph (k) of this section, constitute (ii) Elevations between 492 and 697 m Antidesma pulvinatum, Diospyros critical habitat for Cyrtandra giffardii on (1,614 and 2,285 ft). sandwicensis, Nephrolepis spp., Hawaii. Within these units, the Nestegis sandwicensis, Pipturus albidus, currently known primary constituent Sicyos alba Family Cucurbitaceae: Pisonia spp., Pittosporum hosmeri, elements of critical habitat include, but (anunu) Psychotria hawaiiensis, or Psydrax are not limited to, the habitat Hawaii 30—Sicyos alba—a, identified odorata; and components provided by: in the legal description in paragraph (k) (ii) Elevations between 499 and 818 m (i) Wet montane forest dominated by of this section, constitutes critical (1,637 and 2,684 ft). Cibotium sp. or Metrosideros habitat for Sicyos alba on Hawaii. polymorpha, and Metrosideros Family Fabaceae: Sesbania Within this unit, the currently known polymorpha-Acacia koa lowland wet tomentosa (ohai) primary constituent elements of critical forests, and containing one or more of habitat include, but are not limited to, Hawaii 20—Sesbania tomentosa—a the following associated native plant the habitat components provided by: and Hawaii 23—Sesbania tomentosa— species: Astelia menziesiana, Diplazium (i) Metrosideros polymorpha-Cibotium b, identified in the legal descriptions in sandwichianum, Hedyotis terminalis, glaucum dominated montane wet paragraph (k) of this section, constitute Perrottetia sandwicensis, or other forests, containing one or more of the critical habitat for Sesbania tomentosa species of Cyrtandra; and following associated native plant on Hawaii. Within these units, the (ii) Between elevations of 654 and species: Astelia menziesiana, Athyrium currently known primary constituent 1,440 m (2,146 and 4,723 ft). microphyllum and other ferns, elements of critical habitat include, but Family Gesneriaceae: Cyrtandra Broussaisia arguta, Cheirodendron are not limited to, the habitat tintinnabula (haiwale) trigynum, Coprosma sp., Cyanea components provided by: tritomantha, Cyrtandra lysiosepala, (i) Open, dry Metrosideros Hawaii 3—Cyrtandra tintinnabula—a Perrottetia sandwicensis, Platydesma polymorpha forest with mixed native and Hawaii 29—Cyrtandra spathulata, Pritchardia beccariana, grasses, Scaevola taccada coastal dry tintinnabula—b, identified in the legal Psychotria sp., or Stenogyne sp.; and shrubland on windswept slopes, and descriptions in paragraph (k) of this (ii) Elevations between 966 and 1,546 weathered basaltic slopes, and section, constitute critical habitat for m (3,170 and 5,072 ft). containing one or more of the following Cyrtandra tintinnabula on Hawaii. associated native plant species: Within these units, the currently known Family Cyperaceae: Mariscus fauriei Dodonaea viscosa, Fimbristylis primary constituent elements of critical (NCN) hawaiiensis, Ipomoea pes-caprae, habitat include, but are not limited to, Hawaii 19—Mariscus fauriei—a, Jacquemontia ovalifolia ssp. the habitat components provided by: identified in the legal description in sandwicensis, Leptecophylla (i) Lowland wet forest dominated by paragraph (k) of this section, constitutes tameiameiae, Melanthera integrifolia, dense Acacia koa, Metrosideros critical habitat for Mariscus fauriei on Myoporum sandwicense, Sida fallax, polymorpha, and Cibotium spp. and

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containing one or more of the following (i) Metrosideros polymorpha and Nestegis sandwicensis, Pipturus albidus, associated native plant species: Cibotium montane and lowland wet Psychotria sp., or Sapindus saponaria; Cyrtandra spp. or Hedyotis spp.; and forest, in which Acacia koa or and (ii) Between elevations 641 and 1,391 Cheirodendron trigynum may co- (ii) Elevations between 1,193 and m (2,102 and 4,565 ft). dominate, and containing one or more 1,274 m (3,914 and 4,181 ft). of the following associated native plant Family Malvaceae: Hibiscadelphus Family Lamiaceae: Phyllostegia species: Antidesma platyphyllum, hualalaiensis (hau kuahiwi) racemosa (kiponapona) Athyrium sandwicensis, Broussaisia Hawaii 1—Phyllostegia racemosa—a, arguta, Clermontia parviflora, Coprosma Hawaii 10—Hibiscadelphus Hawaii 2—Phyllostegia racemosa—b, sp., Cyanea pilosa, Cyanea spp., hualalaiensis— a, identified in the legal and Hawaii 30—Phyllostegia Hedyotis sp., Machaerina angustifolia, description in paragraph (k) of this racemosa—c, identified in the legal Pipturus albidus, Psychotria section, constitutes critical habitat for descriptions in paragraph (k) of this hawaiiensis, or Sadleria pallida; and Hibiscadelphus hualalaiensis on section, constitute critical habitat for (ii) Elevations between 681 and 1,411 Hawaii. Within this unit, the currently Phyllostegia racemosa on Hawaii. m (2,234 and 4,629 ft). known primary constituent elements of critical habitat include, but are not Within these units, the currently known Family Liliaceae: Pleomele limited to, the habitat components primary constituent elements of critical hawaiiensis (hala pepe) habitat include, but are not limited to, provided by: the habitat components provided by: Hawaii 7—Pleomele hawaiiensis—a, (i) Dry-mesic to dry Metrosideros Hawaii 10—Pleomele hawaiiensis—b, (i) Tree trunks in Acacia koa, forest on rocky substrate in deep soils Hawaii 18—Pleomele hawaiiensis—c, Metrosideros polymorpha, and Cibotium and containing one or more of the and Hawaii 23—Pleomele hawaiiensis— sp. dominated montane mesic or wet following native plant species: Acacia d, identified in the legal descriptions in forests and containing one or more of koa, Coprosma rhynchocarpa, paragraph (k) of this section, constitute the following associated native plant Dodonaea viscosa, Melicope spp., critical habitat for Pleomele hawaiiensis species: Dryopteris wallichiana, Rubus Metrosideros polymorpha, Myoporum on Hawaii. Within these units, the hawaiiensis, or Vaccinium calycinum; sandwicense, Nestegis sandwicensis, currently known primary constituent and Pipturus albidus, Psychotria sp., or elements of critical habitat include, but (ii) Elevations between 1,371 and Sapindus saponaria; and are not limited to, the habitat (ii) Between elevations 512 and 1,223 1,935 m (4,498 and 6,349 ft). components provided by: m (1,679 and 4,012 ft). Family Lamiaceae: Phyllostegia (i) Open aa lava in diverse lowland Family Malvaceae: Hibiscus velutina (NCN) dry forests and Metrosideros-Diospyros lowland dry forest, and containing one brackenridgei (mao hau hele) Hawaii 24—Phyllostegia velutina—a or more of the following associated Hawaii 10—Hibiscus brackenridgei— and Hawaii 30—Phyllostegia velutina— native plant species: Bidens micrantha a, identified in the legal description in b, identified in the legal descriptions in ssp. ctenophylla, Bobea timonioides, paragraph (k) of this section, constitutes paragraph (k) of this section, constitute Caesalpinia kavaiensis, Cocculus critical habitat for Hibiscus critical habitat for Phyllostegia velutina trilobus, Colubrina oppositifolia, brackenridgei on Hawaii. Within this on Hawaii. Within these units, the Diospyros sandwicensis, Dodonaea unit, the currently known primary currently known primary constituent viscosa, Erythrina sandwicensis, Kokia constituent elements of critical habitat elements of critical habitat include, but drynarioides, Metrosideros polymorpha, include, but are not limited to, the are not limited to, the habitat Myoporum sandwicense, Neraudia habitat components provided by: components provided by: ovata, Nestegis sandwicensis, (i) Acacia koa lowland mesic forest (i) Metrosideros polymorpha-Acacia Nothocestrum breviflorum, containing one or more of the following koa dominated montane mesic and wet Nototrichium sandwicense, Osteomeles native plants species: Reynoldsia forests containing one or more of the anthyllidifolia, Psydrax odorata, sandwicensis or Sida fallax; and following native plant species: Reynoldsia sandwicensis, Santalum (ii) Elevations between 649 and 847 Athyrium microphyllum and other paniculatum, Sida fallax, or Sophora (2,130 and 2,779 ft). native wet forest terrestrial ferns, chrysophylla; and Cheirodendron trigynum, Cibotium spp., Family Plantaginaceae: Plantago (ii) Elevations between 86 and 892 m hawaiensis (laukahi kuahiwi) Coprosma sp., Dryopteris wallichiana, (281 and 2,925 ft). Ilex anomala, Myrsine lessertiana, Hawaii 24—Plantago hawaiensis—a, Pipturus albidus, Rubus hawaiiensis, or Family Malvaceae: Hibiscadelphus Hawaii 25—Plantago hawaiensis—b, Vaccinium calycinum; and giffardianus (hau kuahiwi) and Hawaii 30—Plantago hawaiensis— (ii) Elevations between 966 and 1,881 Hawaii 26—Hibiscadelphus c, identified in the legal descriptions in m (3,168 and 6,170 ft). giffardianus—a, identified in the legal paragraph (k) of this section, constitute description in paragraph (k) of this critical habitat for Plantago hawaiensis Family Lamiaceae: Phyllostegia section, constitutes critical habitat for on Hawaii. Within these units, the warshaueri (NCN) Hibiscadelphus giffardianus on Hawaii. currently known primary constituent Hawaii 3—Phyllostegia warshaueri—a Within this unit, the currently known elements of critical habitat include, but and Hawaii 8—Phyllostegia primary constituent elements of critical are not limited to, the habitat warshaueri—b, identified in the legal habitat include, but are not limited to, components provided by: descriptions in paragraph (k) of this the habitat components provided by: (i) Montane wet sedge land (often in section, constitute critical habitat for (i) Mixed montane mesic forest damp cracks of pahoehoe lava) with Phyllostegia warshaueri on Hawaii. containing one or more of the following mixed sedges and grasses, montane Within these units, the currently known native plant species: Acacia koa, mesic forest, dry subalpine woodland, primary constituent elements of critical Coprosma rhynchocarpa, Dodonaea or Metrosideros polymorpha and native habitat include, but are not limited to, viscosa, Melicope spp., Metrosideros shrub, and containing one or more of the habitat components provided by: polymorpha, Myoporum sandwicense, the following associated native plant

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species: Acacia koa, Coprosma timonioides, Erythrina sandwicensis, include, but are not limited to, the ernodeoides, Coprosma montana, Leptecophylla tameiameiae, Nestegis habitat components provided by: Dodonaea viscosa, Leptecophylla sandwicensis, Nothocestrum (i) Metrosideros polymorpha tameiameiae, Metrosideros polymorpha, breviflorum, Nototrichium sandwicense, dominated montane mesic forest, often or Vaccinium reticulatum; and Peperomia sp., Pleomele hawaiiensis, on aa lava, and containing one or more (ii) Elevations between 1,584 and Psydrax odorata, Rauvolfia of the following associated native plant 2,513 m (5,198 and 8,243 ft). sandwicensis, Reynoldsia sandwicensis, species: Diospyros sandwicensis, Myrsine sp., Pouteria sandwicensis, Family Poaceae: Ischaemum byrone or Sophora chrysophylla; and (ii) Elevations between 177 and 927 m Psychotria sp., Reynoldsia (Hilo ischaemum) (580 and 3,042 ft). sandwicensis, Santalum paniculatum, Hawaii 21—Ischaemum byrone—a or Sophora chrysophylla; and Gouania and Hawaii 22—Ischaemum byrone—b, Family Rhamnaceae: (ii) Elevations between 874 and 1,208 vitifolia identified in the legal descriptions in (NCN) m (2,867 and 3,964 ft). paragraph (k) of this section, constitute Hawaii 18—Gouania vitifolia—a, Nothocestrum critical habitat for Ischaemum byrone on identified in the legal description in Family Solanaceae: breviflorum Hawaii. Within these units, the paragraph (k) of this section, constitutes (aiea) currently known primary constituent critical habitat for Gouania vitifolia on Hawaii 5—Nothocestrum elements of critical habitat include, but Hawaii. Within this unit, the currently breviflorum—a, Hawaii 6— are not limited to, the habitat known primary constituent elements of Nothocestrum breviflorum—b, and components provided by: critical habitat include, but are not Hawaii 10—Nothocestrum (i) Coastal wet to dry shrubland, near limited to, the habitat components breviflorum—c, identified in the legal the ocean, rocks or pahoehoe lava in provided by: descriptions in paragraph (k) of this cracks and holes, and containing one or (i) Dry, rocky ridges and slopes in dry section, constitute critical habitat for more of the following associated native shrubland or dry to mesic Nestegis- Nothocestrum breviflorum on Hawaii. plant species: Fimbristylis cymosa, or Metrosideros forests on old substrate Within these units, the currently known Scaevola taccada; and kipuka and containing one or more of primary constituent elements of critical (ii) Elevations between sea level and the following associated native plant habitat include, but are not limited to, 28 m (0 and 91 ft). species: Nephrolepis spp., Nestegis the habitat components provided by: sandwicensis, Pipturus albidus, (i) Lowland dry forest, montane dry Family Portulacaceae: Portulaca Wikstroemia phillyreifolia, or W. forest, or montane mesic forest sclerocarpa (poe) sandwicensis; and dominated by Acacia koa, Diospyros Hawaii 27—Portulaca sclerocarpa—a, (ii) Elevations between 536 and 1,020 sandwicensis, or Metrosideros identified in the legal description in m (1,757 and 3,346 ft). polymorpha on aa lava substrates, and paragraph (k) of this section, constitutes containing one or more of the following Melicope critical habitat for Portulaca sclerocarpa Family Rubiaceae: associated native plant species: Bidens zahlbruckneri on Hawaii. Within this unit, the (alani) micrantha ssp. ctenophylla, Caesalpinia currently known primary constituent Hawaii 24—Melicope zahlbruckneri— kavaiensis, Colubrina oppositifolia, elements of critical habitat include, but a and Hawaii 26—Melicope Delissea undulata, Dodonaea viscosa, are not limited to, the habitat zahlbruckneri—b, identified in the legal Erythrina sandwicensis, Hibiscadelphus components provided by: descriptions in paragraph (k) of this hualalaiensis, Kokia drynarioides, (i) Weathered Mauna Kea soils, cinder section, constitute critical habitat for Myoporum sandwicense, Osteomeles cones, or geologically young lavas, in Melicope zahlbruckneri on Hawaii. anthyllidifolia, Psydrax odorata, montane dry shrubland, often on bare Within these units, the currently known Reynoldsia sandwicensis, Santalum cinder, near steam vents, or in open primary constituent elements of critical ellipticum, Santalum paniculatum, or Metrosideros polymorpha dominated habitat include, but are not limited to, Sophora chrysophylla; and woodlands, and containing one or more the habitat components provided by: (ii) Elevations between 45 and 1,236 of the following associated native plant (i) Acacia koa-Metrosideros m (146 and 4,055 ft). species: Dodonaea viscosa, Melanthera polymorpha dominated montane mesic Solanum venosa, or Sophora chrysophylla; and forest containing one or more of the Family Solanaceae: incompletum (ii) Elevations between 941 and 1,634 following associated native plant (popolo ku mai) m (3,087 to 5,360 ft). species: Coprosma rhynchocarpa, Hawaii 10—Solanum incompletum— Melicope spp., Myoporum sandwicense, a and Hawaii 11—Solanum Family Rhamnaceae: Colubrina Nestegis sandwicensis, Pipturus albidus, incompletum—b, identified in the legal oppositifolia (kauila) Pisonia brunoniana, Psychotria descriptions in paragraph (k) of this Hawaii 10—Colubrina oppositifolia— hawaiiensis, Sapindus saponaria, or section, constitute critical habitat for a and Hawaii 18—Colubrina Zanthoxylum dipetalum; and Solanum incompletum on Hawaii. oppositifolia—b, identified in the legal (ii) Elevations between 1,060 and Within these units, the currently known descriptions in paragraph (k) of this 1,336 m (3,476 and 4,383 ft). primary constituent elements of critical section, constitute critical habitat for habitat include, but are not limited to, Family Rutaceae: Zanthoxylum Colubrina oppositifolia on Hawaii. the habitat components provided by: dipetalum tomentosum Within these units, the currently known var. (ae) (i) Dry to mesic forest, diverse mesic primary constituent elements of critical Hawaii 10—Zanthoxylum dipetalum forest, or subalpine forest, and habitat include, but are not limited to, ssp. tomentosum—a, identified in the containing one or more of the following the habitat components provided by: legal description in paragraph (k) of this associated native plant species: (i) Lowland dry and mesic forests section, constitutes critical habitat for Myoporum sandwicense, Myrsine dominated by Diospyros sandwicensis Zanthoxylum dipetalum var. lanaiensis, or Sophora chrysophylla; or Metrosideros polymorpha and tomentosum on Hawaii. Within this and containing one or more of the following unit, the currently known primary (ii) Elevations between 1,185 and associated native plant species: Bobea constituent elements of critical habitat 2,169 m (3,887 and 7,115 ft).

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Family Urticaceae: Neraudia ovata Family Violaceae: Isodendrion Family Aspleniaceae: Diellia erecta (NCN) pyrifolium (wahine noho kula) (asplenium-leaved diellia) Hawaii 10—Neraudia ovata—a and Hawaii 12—Isodendrion pyrifolium— Hawaii 17—Diellia erecta—a and Hawaii 18—Neraudia ovata—d, a and Hawaii 13—Isodendrion Hawaii 18—Diellia erecta—b, identified identified in the legal descriptions in pyrifolium—b, identified in the legal in the legal descriptions in paragraph (k) paragraph (k) of this section, constitute descriptions in paragraph (k) of this of this section, constitute critical habitat critical habitat for Neraudia ovata on section, constitute critical habitat for for Diellia erecta on Hawaii. Within Hawaii. Within these units, the Isodendrion pyrifolium on Hawaii. these units, the currently known currently known primary constituent Within these unit, the currently known primary constituent elements of critical elements of critical habitat include, but primary constituent elements of critical habitat include, but are not limited to, are not limited to, the habitat habitat include, but are not limited to, the habitat components provided by: components provided by: the habitat components provided by: (i) Metrosideros polymorpha-Nestegis sandwicensis lowland mesic forest (i) Lowland dry forests containing one (i) Open Metrosideros polymorpha- containing one or more of the following or more of the following native plant Sophora chrysophylla dominated associated native plant species: species: Myoporum sandwicense, lowlands, montane dry forests, or Antidesma platyphyllum, A. Psydrax odorata, Sida fallax, Sophora Metrosideros-shrub woodland, and pulvinatum, Diospyros sandwicensis, chrysophylla, or Waltheria indica; and containing one or more of the following Microlepia sp., Nephrolepis spp. associated native plant species: Bidens (ii) Elevations between 29 and 128 m Nestegis sandwicensis, Psydrax odorata, micrantha ssp. ctenophylla, Capparis (94 and 420 ft). Wikstroemia phillyreifolia, or sandwichiana, Cocculus orbiculatus, (2) Ferns and allies. Wikstroemia sandwicensis; and Fimbristylis hawaiiensis, Myoporum (ii) Elevations between 510 and 981 m Asplenium sandwicense, Myrsine lanaiensis, Family Aspleniaceae: (1,672 and 3,217 ft). Myrsine lessertiana, Nothocestrum fragile var. insulare (NCN) breviflorum, Pleomele hawaiiensis, or Family Grammitidaceae: Adenophorus Reynoldsia sandwicensis; and Hawaii 24—Asplenium fragile var. periens (pendent kihi fern) insulare—a, identified in the legal (ii) Elevations between 28 and 1,526 description in paragraph (k) of this Hawaii 28—Adenophorus periens—a, m (93 to 5,005 ft). section, constitutes critical habitat for identified in the legal description in paragraph (k) of this section, constitutes Family Violaceae: Isodendrion Asplenium fragile var. insulare on critical habitat for Adenophorus periens hosakae (aupaka) Hawaii. Within this unit, the currently known primary constituent elements of on Hawaii. Within this unit, the Hawaii 4—Isodendrion hosakae—a, critical habitat include, but are not currently known primary constituent Hawaii 4—Isodendrion hosakae—b, limited to, the habitat components elements of critical habitat include but Hawaii 4—Isodendrion hosakae—c, provided by: are not limited to, the habitat Hawaii 4—Isodendrion hosakae—d, components provided by: (i) Metrosideros polymorpha dry (i) Epiphytic on Metrosideros Hawaii 4—Isodendrion hosakae—e, and montane forest; Dodonaea viscosa dry Hawaii 4—Isodendrion hosakae—f, polymorpha or Ilex anomala, or montane shrubland; Myoporum possibly other native tree trunks, in identified in the legal descriptions in sandwicense-Sophora chrysophylla dry paragraph (k) of this section, constitute Metrosideros polymorpha-Cibotium montane forest; Metrosideros glaucum lowland wet forest containing critical habitat for Isodendrion hosakae polymorpha-Acacia koa forest; or on Hawaii. Within these units, the one or more of the following associated subalpine dry forest and shrubland with native plant species: Broussasia arguta, currently known primary constituent large, moist lava tubes (3.05 to 4.6 m (10 elements of critical habitat include, but Cheirodendron trigynum, Cyanea sp., to 15 ft) in diameter), pits, deep cracks, Cyrtandra sp., Dicranopteris linearis, are not limited to, the habitat and lava tree molds that have at least a components provided by: Freycinetia arborea, Hedyotis moderate soil or ash accumulation or terminalis, Labordia hirtella, (i) Cinder cones with montane dry that are at the interface between younger Machaerina angustifolia, Psychotria shrubland and containing one or more aa lava flows and much older pahoehoe hawaiiensis, or Psychotria sp.; and of the following associated native plant lava or ash deposits with a fairly (ii) Elevations between 675 and 921 m species: Bidens menziesii, Dodonaea consistent microhabitat (areas that are (2,215 and 3,021 ft). viscosa, Dubautia linearis, moist and dark); and containing one or Leptecophylla tameiameiae, Melanthera more of the following associated native * * * * * venosa, Osteomeles anthyllidifolia, plant species: Leptecophylla Dated: May 30, 2003. Santalum ellipticum, Sophora tameiameiae, Phyllostegia ambigua, Paul Hoffman, chrysophylla, or Wikstroemia Vaccinium reticulatum, mosses, or Acting Assistant Secretary for Fish and pulcherrima; and liverworts; and Wildlife and Parks. (ii) Elevations between 717 and 1,242 (ii) Elevations between 1,313 and [FR Doc. 03–14143 Filed 7–1–03; 8:45 am] m (2,352 and 4,074 ft). 2,194 m (4,306 and 7,198 ft). BILLING CODE 4310–55–P

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