53130 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

§ 17.12 Endangered and threatened . (h) * * * * * * * *

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

FLOWERING PLANTS ******* Delissea undulata ...... None ...... U.S.A. (HI) ...... E 593 NA NA *******

Dated: September 19, 1996. SUPPLEMENTARY INFORMATION: leeward (southern) side, decreasing as John G. Rogers, Background elevation decreases, and resulting in Acting Director, Fish and Wildlife Service. diverse leeward communities, from wet [FR Doc. 96–25555 Filed 10–9–96; 8:45 am] dunbarii, forests to dry shrub and grasslands. The maxima, and sarmentosa are BILLING CODE 4310±55±P average annual rainfall on the leeward endemic to the island of Molokai. This side of East Molokai is between 80 and island, the fifth largest in the Hawaiian 130 cm (30 and 50 in), mostly falling 50 CFR Part 17 island chain, is approximately 61 between November and April. The kilometers (km) (38 miles (mi)) long, up gently sloping to very steep topography to 16 km (10 mi) wide, and encompasses RIN 1018±AD49 of upland regions has predominantly an area of about 688 square (sq) km (266 well drained and medium-textured soils Endangered and Threatened Wildlife sq mi) (Foote et al. 1972, Plasch 1985). (Foote et al.! 1972). Cyanea dunbarii and Plants; Determination of Three shield volcanoes make up most of and Schiedea sarmentosa are found in Endangered Status for Three the land mass of Molokai—West lowland mesic forest and dry shrubland Species (Cyanea dunbarii, Lysimachia Molokai Mountain, East Molokai on the leeward side of the island. maxima, and Schiedea sarmentosa) Mountain, and a volcano that formed With the advent of ranching and from the Island of Molokai, Kalaupapa Peninsula (Department of later pineapple cultivation, most of Geography 1983). Molokai can also be Molokai, particularly West Molokai and AGENCY: Fish and Wildlife Service, divided into three major sections—the East Molokai’s southern section, was Interior. west Molokai section, comprising West converted to pasture land. The only ACTION: Final rule. Molokai Mountain; the central Molokai remaining large tracts of native section or Hoolehua Plain formed vegetation are found within the Molokai SUMMARY: The U.S. Fish and Wildlife between the two large mountain masses; Forest Reserve on the upper elevation Service (Service) determines and the east Molokai section, portions of East Molokai. All three plant endangered status pursuant to the incorporating East Molokai Mountain species in this rule are restricted to this Endangered Species Act of 1973, as and Kalaupapa Peninsula (Foote et al. forest reserve (Culliney 1988). The land amended (Act) for three plants: Cyanea 1972). that supports these three plant species dunbarii (haha), Lysimachia maxima The taller and larger East Molokai is owned by various private parties and (No common name (NCN)), and Mountain rises 1,813 meters (m) (4,970 the State of Hawaii (including forest Schiedea sarmentosa (NCN). All three feet (ft)) above sea level (Walker 1990) reserves). The only known populations species are endemic to the island of and comprises roughly 50 percent of the of Lysimachia maxima and Schiedea Molokai, Hawaiian Islands. The three island’s land area. Topographically, the sarmentosa occur on privately owned plant species and their habitats have windward side of East Molokai differs land. The only known population of been variously affected or are currently from the leeward side. Precipitous cliffs Cyanea dunbarii occurs on State land. threatened by one or more of the line the northern windward coast with Discussion of the Three Species following—competition, predation, or deep inaccessible valleys dissecting the Included in This Final Rule habitat degradation from introduced coastline. The annual rainfall on the species; fire; and natural disasters. This windward side is 200 to over 375 Cyanea dunbarii was first described rule implements the Federal protection centimeters (cm) (75 to over 150 inches by Joseph F. Rock, who named it in and recovery provisions afforded by the (in)), distributed throughout the year. honor of the collector, L.M. Dunbar Act for these three species. The soils are poorly drained and high in (Rock 1919). Harold St. John (1987a, St. organic matter. The gulches and valleys John and Takeuchi 1987) merged EFFECTIVE DATE: This rule takes effect November 12, 1996. are usually very steep, but sometimes Cyanea with Delissea, the genus with gently sloping (Foote et al. 1972). Much priority. Lammers (1990) retained both ADDRESSES: The complete file for this of the native vegetation on the northern genera in the currently accepted rule is available for public inspection, part of East Molokai is intact because of treatment of the family. by appointment, during normal business its relative inaccessibility to humans Cyanea dunbarii, a member of the hours at the Pacific Islands Ecoregion and animals (Culliney 1988), although bellflower family (Campanulaceae), is a Office, U.S. Fish and Wildlife Service, destructive ungulates have begun to branched shrub 1.5 to 2 m (4.9 to 6.6 ft) 300 Ala Moana Boulevard, Room 3108, enter the coastline in recent years (Joel tall. The oval to broadly elliptic leaves P.O. Box 50088, Honolulu, Hawaii Lau, Hawaii Heritage Program (HHP), are 10 to 22 cm (3.9 to 8.7 in) long and 96850. pers. comm. 1990). Lysimachia maxima 6 to 14 cm (2.4 to 5.5 in) wide, with FOR FURTHER INFORMATION CONTACT: is found in windward wet forest. irregularly lobed or cleft margins. The Brooks Harper, Field Supervisor (see Although Molokai’s windward side flowers are arranged in groups of six to ADDRESSES section) (telephone 808/541– receives most of the island’s rainfall, eight on a stalk that is 3 to 7 cm (1.2 3441; facsimile 808/541–3470). some falls onto the upper slopes of the to 2.8 in) long. The corolla is white, Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53131 tinged or striped with pale lilac and 30 that L. maxima is the correct name for to 18 in) tall. The opposite leaves are to 38 mm (1.2 to 1.5 in) long. The this species (Ken Marr, University of slender and threadlike, 1.5 to 4.5 cm corolla is slightly curved, with British Columbia, in litt. 1994). (0.6 to 1.8 in) long, and 0.5 to 1.5 mm spreading lobes three-fourths as long as Lysimachia maxima, a member of the (0.01 to 0.05 in) wide. The leaves are the tube. This species is distinguished primrose family (), is a covered with dense, glandular hairs. from others in this endemic Hawaiian sprawling shrub with reddish brown There may be as many as 40 to 60 genus by the lack of prickles on the bark. The leaves, borne in groups of on one plant, often with stems and the irregularly lobed and cleft three along the stems, are oval with the 50 to 100 flowers in each . leaf margins (Lammers 1990). broadest portion at the tip of the leaves. The flowers are female on some plants Cyanea dunbarii was collected in The leaves are 3.8 to 8 cm (1.5 to 3 in) and bisexual on others. The green 1918 at Waihanau and Waialae valleys, long and 1.8 to 5 cm (0.7 to 2 in) wide. are egg-shaped, 2 to 3 mm (0.07 to 0.12 and was not observed again until 1992, The upper surface of the leaves has a in) long, and somewhat hairy. The when Joel Lau of HHP found it in few scattered hairs when young and the staminodes (false stamens) are half as Mokomoko Gulch (HHP 1993a1 to lower surface is sparsely covered with long as the sepals and two-branched at 1993a3, Rock 1919, Wimmer 1943). long, soft, rusty hairs when young. The the tip. The fruits are oval capsules. Approximately 15 to 20 mature plants corolla is purplish-yellow, bell-shaped, This species differs from others in this are known from this population, which and about 10 to 12 mm (0.4 to 0.5 in) endemic Hawaiian genus by its densely occurs on State-owned land within long. This species is differentiated from bushy habit, leaf width, hairiness, and Molokai Forest Reserve, at an elevation others in this genus by the leaves borne staminode length (Sherff 1946; S. Weller of 685 m (2,250 ft) (HHP 1993a3; Loyal in groups of three, the broadest portion and W. Wagner, in litt., 1994). Mehrhoff, U.S. Fish and Wildlife of the leaf above the middle, and rusty Schiedea sarmentosa has been found Service, in litt., 1994). Cyanea dunbarii hairs that disappear with maturity in Kawela Gulch, Makolelau, and Onini is found in mesic to wet Dicranopteris (Wagner et al. 1990). Gulch (HHP 1991b, 1993b; HPCC 1991b, linearis (uluhe)-Metrosideros Lysimachia maxima is only known 1992; Sherff 1946; J. Lau, HHP, in litt. polymorpha (’ohi’a) forest on moderate from one population on the rim of 1994). Currently, only two populations to steep slopes along a stream (HHP Pelekunu Valley near Ohialele, on are known. One population at the 1993a3; L. Mehrhoff, in litt. 1994). TNC’s Pelekunu Preserve immediately boundary of TNC’s Kamakou Preserve in Associated species include Perrottetia adjacent to State-owned land managed Onini Gulch has approximately 30 sandwicensis (olomea), Pipturus albidus as part of Kalaupapa National Historical individuals (HHP 1993b). The other (mamaki), Clermontia kakeana (haha), Park (HHP 1991a, Hawaii Plant population occurs on privately owned Cheirodendron trigynum (’olapa), and Conservation Center (HPCC) 1991a, land in Makolelau, and consists of 4 Freycinetia arborea (’ie’ie) (L. Mehrhoff, Hillebrand 1888, Pax and Knuth 1905, subpopulations totaling approximately in litt., 1994). The major threats to Wagner et al. 1990). Approximately 20 300 to 400 individuals (Steve Perlman, Cyanea dunbarii are competition with to 40 individuals are currently known HPCC, and S. Weller, pers. comms. the alien plants Rubus rosifolius (L. Mehrhoff, in litt. 1994). This species 1994). Estimates of the total number of (thimbleberry), Commelina diffusa occurs in ’ohi’a-uluhe montane wet individuals have ranged up to 1,000 (J. (honohono), Hedychium sp. (ginger), forest at an elevation of 975 m (3,200 ft). Lau, HHP, pers. comm. 1994). An and Kalanchoe pinnata (air plant); and Associated species include Psychotria accurate count is somewhat difficult a risk of extinction from naturally sp. (kopiko), Vaccinium sp. (ohelo), because this species is interspersed with occurring events (such as landslides or Hedyotis sp. (manono), Dubautia sp. (Steve Perlman, flooding) and/or reduced reproductive (na’ena’e), and Ilex anomala (kawa’u) HPCC, and S. Weller, pers. comms. vigor due to the small number of (HPCC 1991a; L. Mehrhoff, in litt. 1994). 1994). Schiedea sarmentosa is typically individuals in the only known The major threats to Lysimachia found on steep slopes in ’ohi’a- population (HHP 1993a3; L. Mehrhoff, maxima are landslides and the risk of Dodonaea viscosa (’a’ali’i) lowland dry in litt. 1994). Rats (Rattus spp.) are a extinction from naturally occurring or mesic shrubland between 610 and potential threat since they are known to events and/or reduced reproductive 790 m (2,000 and 2,600 ft) elevation be in the area and eat stems and fruits vigor due to the small number of (HHP 1991b, 1993b; HPCC 1991b, 1992). of other species of Cyanea (Cuddihy and individuals in the only known Associated species include Styphelia Stone 1990). Axis deer (Axis axis) and population (HPCC 1991a; L. Mehrhoff, tameiameiae (pukiawe), Chenopodium pigs (Sus scrofa) are potential threats to in litt. 1994). Pigs and goats are known oahuensis (’aheahea), Alyxia oliviformis this species, since they are known to from adjacent areas and pose a potential (maile), Pleomele sp. (hala pepe), and occur in areas adjacent to the only threat to this species (L. Mehrhoff, in sp. (’akoko) (HHP 1993b; known population (L. Mehrhoff, in litt., litt. 1994). HPCC 1991b, 1992). Major threats to 1994; Ed Misaki, The Nature In 1928, Otto Degener collected a Schiedea sarmentosa include feral goats Conservancy (TNC), pers. comm., 1991). plant on Molokai that E.E. Sherff (1946) and pigs, the alien plants Melinis William Hillebrand considered a later named Schiedea sarmentosa. minutiflora (molasses grass) and Ricinus plant he collected in Pelekunu Valley in Schiedea sarmentosa was included in communis (castor bean), and fire. The the 1800’s to be a new variety of Schiedea menziesii by Wagner et al. species is also threatened by a risk of Lysimachia hillebrandii (Hillebrand (1990). Warren Wagner and Stephen extinction from naturally occurring 1888). In 1905, R. Knuth named Weller, who are preparing a monograph events due to the low number of Hillebrand’s specimen Lysimachia of the genus, now consider S. populations (J. Lau, in litt. 1994; S. hillebrandii var. maxima (Pax and sarmentosa to be a separate species Perlman, pers. comm. 1994). Knuth 1905). St. John (1987b) elevated (Warren Wagner, Smithsonian the variety to a species, Lysimachia Institution, and Stephen Weller, Previous Federal Action ternifolia. Wagner et al. (1990) called University of California, Irvine, in litt. Federal government action on these this taxon Lysimachia maxima. An 1994). plants began when the Service ongoing revision of the genus has Schiedea sarmentosa, a member of published a revised notice of review in determined that L. ternifolia is an the pink family (), is a the Federal Register (55 FR 6183) on invalidly published name and concurs many-branched shrub 30 to 45 cm (12 February 21, 1990, of native plants 53132 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations considered for listing under the Act. Summary of Factors Affecting the individuals allowed large-scale Lysimachia maxima (as L. ternifolia) Species agricultural and ranching ventures to and Schiedea sarmentosa (as S. Section 4 of the Endangered Species begin. So much land was cleared for menziesii) were included as Category 2 Act and regulations (50 CFR part 424) these enterprises that climatic candidate species. Category 2 promulgated to implement the listing conditions began to change, and the candidates were those for which listing provisions of the Act set forth the amount and distribution of rainfall were as endangered or threatened was procedures for adding species to the altered (Wenkam 1969). Plantation possibly appropriate, but for which Federal lists. A species may be owners supported reforestation sufficient data on biological determined to be an endangered or programs that resulted in many alien vulnerability and threats was not threatened species due to one or more trees being introduced in the hope that the watershed could be conserved. currently available to support proposed of the five factors described in section rules. Lysimachia maxima (as L. Beginning in the 1920’s, water 4(a)(1). These factors and their ternifolia) and Schiedea sarmentosa (as collection and diversion systems were application to Cyanea dunbarii Rock S. menziesii) were also included as constructed in upland areas to irrigate (haha), Lysimachia maxima (R. Knuth) Category 2 candidates in the September lowland fields, and this undoubtedly St. John (NCN), and Schiedea 30, 1993 (58 FR 51144) notice of review. destroyed individuals and populations sarmentosa Degener & Sherff (NCN) are A proposed rule to list Cyanea dunbarii, of native plants. The irrigation system as follows: Lysimachia maxima and Schiedea also opened new routes for the invasion A. The present or threatened sarmentosa as endangered was of alien plants and animals into native destruction, modification, or published on October 2, 1995 (60 FR forests (Cuddihy and Stone 1990, curtailment of their habitat or range. 51436) and the February 28, 1996 (61 FR Culliney 1988, Wagner et al. 1990, The habitats of the plants included in 7596) notice of review listed all three Wenkam 1969). this rule have undergone extreme species as proposed for endangered Past and present activities of alteration because of past and present status. introduced alien mammals are the Based on comments and land management practices, including primary factor in altering and degrading recommendations received in response deliberate alien animal and plant vegetation and habitats on Molokai. to the proposal (see Comments and introductions, agricultural development, Feral ungulates trample and eat native Recommendations, below), the Service and recreational use. Natural vegetation and disturb and open areas. now determines these three plant disturbances such as storms and This causes erosion and allows the entry species to be endangered with landslides also destroy habitat and can of alien plant species (Cuddihy and publication of this rule. have a significant effect on small Stone 1990, Wagner et al. 1990). While populations of plants. Destruction and only one of the species in this rule is Summary of Comments and modification of habitat by introduced directly threatened by habitat Recommendations animals pose serious threats to one of degradation resulting from introduced In the October 2, 1995 proposed rule the species in this rule and pose serious ungulates, goats, deer, and pigs are and associated notifications, all potential threats in the event that these known to occur in adjacent areas and interested parties were requested to introduced animals spread to portions pose a serious potential threat if they submit factual reports or information of Molokai where the other species spread to the areas where the other two that might contribute to the occur (See Table 1.). species occur. development of a final listing decision. When Polynesian immigrants settled The goat (Capra hircus), a species The public comment period ended on in the Hawaiian Islands, they brought originally native to the Middle East and December 1, 1995. Appropriate State water-control and slash-and-burn India, was successfully introduced to agencies, county governments, Federal systems of agriculture and encouraged the Hawaiian Islands in 1792. Currently agencies, scientific organizations, and plants that they introduced to grow in populations exist on Molokai and four other interested parties were contacted valleys. These land use practices other islands. On Molokai, feral goats and requested to comment. Newspaper resulted in erosion, changes in the degrade dry forests and are now notices inviting public comment were composition of native communities, and invading the wetter regions along the published in ‘‘The Garden Island’’ on a reduction of biodiversity (Cuddihy northern coast of East Molokai (Stone October 19, 1995, the ‘‘Maui News’’ on and Stone 1990, Kirch 1982, Wagner et 1985; J. Lau, pers. comm. 1990). Goats October 20, 1995, the ‘‘Kauai Times’’ on al. 1985). Hawaiians settled and altered are managed in Hawaii as a game animal October 18, 1995, the ‘‘Hawaii Tribune- many areas of Molokai, including areas and goat hunting is allowed year-round Herald’’ on October 18, 1995, and the in which some of the species in this or during certain months, depending on ‘‘Honolulu Advertiser’’ on October 20, final rule grew. Many forested slopes the area (Hawaii Department of Land 1995. were denuded in the mid-1800’s to and Natural Resources (DLNR) n.d.-a, Comments were received from three supply firewood to whaling ships, n.d.-b, n.d.-c, 1988). Goats browse on parties. All three parties expressed plantations, and island residents. Native introduced grasses and native plants, support for the proposed listing. No plants were undoubtedly affected by especially in drier and more open additional information was offered. these practices. Also, sandalwood and ecosystems. Feral goats trample roots Pursuant to the Service’s policy on tree fern harvesting occurred in many and seedlings, cause erosion, and peer review (59 FR 34270), the expert areas, changing forest composition and promote the invasion of alien plants. opinions of three appropriate and affecting native species (Cuddihy and They are able to forage in extremely independent specialists were also Stone 1990). rugged terrain and have a high solicited regarding pertinent scientific Beginning with Captain James Cook in reproductive capacity (Culliney 1988, or commercial data and assumptions 1792, early European explorers Cuddihy and Stone 1990, Scott et al. relating to the , population introduced livestock, which became 1986, Tomich 1986, van Riper and van models, and supportive biological and feral, increased in number and range, Riper 1982). Although northeastern ecological information for these three and caused significant changes to the Molokai is considered one of the most species. A response was received from natural environment of Hawaii. The remote and inaccessible places in the one peer reviewer. 1848 provision for land sales to main Hawaiian islands, the vegetation Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53133 there is predominantly exotic (Culliney degrade the habitat by trampling, excessive visits by individuals 1988). The replacement of native consuming, and overgrazing vegetation, interested in seeing rare plants could vegetation is attributed to the large which removes ground cover, exposing seriously impact Cyanea dunbarii and number of goats. Due to their agility, the soil to erosional action (J. Lau, pers. Lysimachia maxima, both of which are goats are able to reach vegetation not comm. 1990). Alien plant species are known from single populations with usually accessible to other animals then able to exploit the newly disturbed less than 20 individuals each. Collection (Culliney 1988). Goats are a threat to the areas. of whole plants or reproductive parts of larger population of Schiedea A large portion of the axis deer these two species could threaten their sarmentosa and a potential threat to the population on Molokai has been survival. Cyanea dunbarii and Schiedea only known population of Lysimachia actively managed for recreational sarmentosa have populations close to maxima, since they may invade the area hunting by the Hawaii Division of trails or roads and are, thus, easily where this taxon occurs (L. Mehrhoff, in Forestry and Wildlife since 1959. At accessible to collectors. The three litt. 1994; S. Perlman, pers. comm. present, five of the seven managed species are, therefore, potentially 1994). hunting areas on Molokai are within the threatened by overcollection (HHP The pig (Sus scrofa) is a species Molokai Forest Reserve. Many areas lack 1993a3; HPCC 1991b, 1992; J. Lau, in originally native to Europe, northern maintained boundary fences that would litt. 1994). Africa, Asia Minor, and Asia. European prevent deer from entering more fragile C. Disease or Predation. Browsing pigs, introduced to Hawaii by Captain habitats to the north (Cuddihy et al. damage by goats and/or deer is a James Cook in 1778, became feral and 1982) and non-game areas to the east. potential threat to the species in this invaded forested areas, especially wet Recently, axis deer have begun to enter rule in the event that these ungulates, and mesic forests and dry areas at high the windward valleys and northern present in areas adjacent to these elevations. They are currently present coastline of East Molokai where they species, invade the population sites on Molokai and four other islands, and were not previously observed (J. Lau, (Cuddihy et al. 1982; J. Lau, in litt. 1994; inhabit rain forests and grasslands. Pig pers. comm. 1990). Axis deer have been E. Misaki, pers. comm. 1991). hunting is allowed on all islands either observed in areas south of the only Of the four species of rodents that year-round or during certain months, known population of Cyanea dunbarii, have been introduced to the Hawaiian depending on the area (DLNR n.d.-a, and pose a potential threat to this Islands, the species with the greatest n.d.-b, n.d.-c, 1988). While rooting in species (E. Misaki, pers. comm., 1991). impact on the native flora and fauna is the ground in search of the invertebrates Although not a direct threat at present probably Rattus rattus (black or roof and plant material to eat, feral pigs to the plant species in this rule, cattle rat), which now occurs on all the main disturb and destroy vegetative cover, (Bos taurus) ranching on Molokai has Hawaiian Islands around human trample plants and seedlings, and played a significant role over most of habitations, in cultivated fields, and in threaten forest regeneration by the past 150 years by reducing areas of dry to wet forests. Black rats and to a damaging seeds and seedlings. They native vegetation to vast pastures of lesser extent Mus musculus (house disturb soil and cause erosion, alien grasses (Cuddihy and Stone 1990, mouse), Rattus exulans (Polynesian rat), especially on slopes. Alien plant seeds Pekelo 1973, Stone 1985). In 1960, and R. norvegicus (Norway rat) eat the are dispersed on their hooves and coats approximately 61 percent of Molokai’s fruits of some native plants, especially as well as through their feces (Cuddihy land area was devoted to grazing, those with large, fleshy fruits. Many and Stone 1990, Scott et al. 1986, Stone primarily the lower elevation dry to native Hawaiian plants produce their 1985, Tomich 1986, Wagner et al. 1990). mesic forests, shrublands, and fruit over an extended period of time, Feral pigs pose an immediate threat to grasslands of west and central Molokai and this produces a prolonged food Schiedea sarmentosa and a potential (Baker 1961). Cattle degraded the habitat supply that supports rodent threat to Cyanea dunbarii and by trampling and feeding on vegetation, populations. Black rats strip bark from Lysimachia maxima. If not controlled, eventually opening up the ground cover some native plants. Rats are known to habitat degradation by pigs may become and exposing the soil, increasing its damage the stems and eat fruit of a significant problem to the only known vulnerability to erosion (Cuddihy and Cyanea species and are therefore a populations of the latter two species (L. Stone 1990, Lindgren 1908, Pekelo potential threat to Cyanea dunbarii Mehrhoff, in litt. 1994; S. Perlman, pers. 1973). Because of this alteration of (Cuddihy and Stone 1990; Tomich comm. 1994). vegetation, natural areas became limited 1986). Of the ungulates that have become to the upper elevation mesic to wet D. The inadequacy of existing established on Molokai during the past forests of East Molokai, where the State regulatory mechanisms. The only 150 years, the axis deer (Axis axis) has designated a single protected area—the known population of Lysimachia probably had the greatest impact on the Molokai Forest Reserve. One of the maxima occurs on TNC’s Pelekunu native vegetation. Eight axis deer, species in this rule is restricted to this Preserve, and the two known introduced to Molokai in 1868, forest reserve, which occupies about 30 populations of Schiedea sarmentosa increased to thousands of animals by percent of Molokai’s land area (Baker occur on TNC’s Kamakou Preserve. The the 1960’s (Culliney 1988, Graf and 1961). only known population of Cyanea Nichols 1966, Tomich 1986). By the Substrate loss due to agriculture, dunbarii occurs on State land, within turn of the century, these deer had grazing animals (especially goats), Molokai Forest Reserve. All three of the occupied much of the dry to mesic hikers, and alteration of vegetation species are located on land classified lowland areas and were also found in results in habitat degradation and loss. within conservation districts. Regardless the wet forests of East Molokai, where This particularly affects plant of the owner, lands in these districts, herds so damaged the vegetation that populations vulnerable to landslides on among other purposes, are regarded as professional hunters were hired to cliffs or steep slopes, including all three necessary for the protection of endemic control their numbers (Culliney 1988, species in this rule. biological resources and the Graf and Nichols 1966, van Riper and B. Overutilization for commercial, maintenance or enhancement of the van Riper 1982). The native vegetation recreational, scientific, or educational conservation of natural resources. has suffered irreparable damage from purposes. Unrestricted collecting for Activities permitted in conservation overgrazing by these animals. Deer scientific or horticultural purposes and districts are chosen by considering how 53134 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations best to make multiple use of the land In addition, State law contains al. 1990). This shrub threatens the only (Hawaii Revised Statutes (HRS), sect. provisions requiring consideration of known population of Cyanea dunbarii 205–2). Some uses, such as maintaining endangered plants in certain State or (L. Mehrhoff, in litt. 1994). animals for hunting, are based on policy county agency actions that would be Kalanchoe pinnata (air plant) is an decisions, while others, such as triggered by listing under the Federal herb that occurs on all the main islands preservation of endangered species, are ESA (See Guidelines to ‘‘Protect except Niihau and Kahoolawe, mandated by both Federal and State endangered species of indigenous plants especially in dry to mesic areas (Wagner laws. Requests for amendments to and animals.’’ HRS, sect. 344–4(3)(A)). et al. 1990). Air plant is a threat to the district boundaries or variances within State laws relating to the conservation of only known population of Cyanea existing classifications can be made by biological resources allow for the dunbarii (L. Mehrhoff, in litt. 1994). government agencies and private acquisition of land as well as the Ricinus communis (castor bean) landowners (HRS, sect. 205–4). Before development and implementation of became naturalized in Hawaii prior to decisions about these requests are made, programs concerning the conservation 1819. Castor bean is found on all the the impact of the proposed of biological resources (HRS, sect. main islands of Hawaii in low elevation, reclassification on ‘‘preservation or 195D–5(a)). The State also may enter dry, disturbed habitats (Wagner et al. maintenance of important natural into agreements with Federal agencies 1990). Castor bean is a threat to the two systems or habitats’’ (HRS, sects. 205–4, to administer and manage any area populations of Schiedea sarmentosa 205–17) as well as the maintenance of required for the conservation, (HPCC 1991b, 1992). natural resources is required to be taken management, enhancement, or Two species of Hedychium (ginger) into account (HRS, sects. 205–2(e), 205– protection of endangered species (HRS, were introduced to Hawaii in the late 4). However, the species in this rule are sect. 195D–5(c)). With the listing of 1800’s, probably by Chinese immigrants. not presently protected as endangered these three species, funds for these Both species escaped from cultivation species under the State’s endangered activities could be made available under and are found in lowland wet and mesic species provisions, and, despite section 6 of the Act (State Cooperative forests on most of the main Hawaiian islands. These large, vigorous herbs provisions for conserving endemic Agreements). The Hawaii DLNR is mainly reproduce vegetatively, forming resources, individual rare species may mandated to initiate changes in very dense stands that exclude all other be overlooked during consideration of conservation district boundaries to growth (Cuddihy and Stone 1990, other land use priorities. include ‘‘the habitat of rare native Wagner et al. 1990). Hedychium Before any proposed change in land species of flora and fauna within the conservation district’’ (HRS, sect. 195D– threatens the only known population of use occurs on State land, is funded in Cyanea dunbarii (L. Mehrhoff, in litt. part or in whole by county or State 5.1). E. Other natural or manmade factors 1994). funds, or will occur within lands affecting their continued existence. Six Commelina diffusa (honohono) is an classified as conservation districts, an species of introduced plants directly annual herb native to the Old World environmental assessment is required to threaten populations of one or more of tropics. It has become widely determine whether or not the the species in this rule. The original naturalized and is found in disturbed environment will be significantly native flora of Hawaii consisted of about mesic and wet forests and other affected (HRS, chapt. 343). If it is found 1,000 species, 89 percent of which were disturbed sites on all of the main that an action will have a significant endemic. Of the total of 1,817 species of Hawaiian islands except Niihau and effect, preparation of a full native and naturalized Hawaiian flora, Kahoolawe (Wagner et al. 1990). This Environmental Impact Statement is 47 percent were introduced from other species is a threat to the only known required. Hawaii environmental policy parts of the world. Nearly 100 of these population of Cyanea dunbarii (L. and, thus, approval of land use, is species have become pests (Smith 1985, Mehrhoff, in litt. 1994). intended to safeguard ‘‘* * * the State’s Wagner et al. 1990). Naturalized, Several hundred species of grasses unique natural environmental introduced species degrade the have been introduced to the Hawaiian characteristics * * *’’ (HRS, sect. 344– Hawaiian landscape and compete with Islands, many for animal forage. Of the 3(1)). However, despite the existence of native plants for space, light, water, and approximately 100 grass species that such State laws and regulations which nutrients (Cuddihy and Stone 1990). have become naturalized, one species give protection to Hawaii’s native Some of these species were brought to threatens the two populations of plants, their enforcement is difficult due Hawaii by various groups of people, Schiedea sarmentosa. Melinis to limited funding and personnel. including the Polynesian immigrants, minutiflora (molasses grass), a perennial Listing of these three plant species for food or cultural reasons. Plantation grass first brought to Hawaii for cattle will invoke the protection available owners, alarmed at the reduction of fodder and then planted for erosion under the State Endangered Species Act water resources for their crops caused control, is now naturalized in dry to and supplement the protection available by the destruction of native forest cover mesic disturbed areas on most of the under other laws. For example, it is a by grazing feral animals, supported the main Hawaiian Islands. The mats it violation of State law to take, possess, introduction of alien tree species for forms smother other plants, essentially or export an endangered plant species reforestation. Ranchers intentionally preventing seedling growth and native (HRS sect. 195D–4(e)). In turn, pursuant introduced pasture grasses and other plant reproduction. As a fuel for fire, to section 9(a)(2) of the Federal ESA, it species for agriculture and, sometimes molasses grass intensifies the heat and will be a violation of the Act for any inadvertently, introduced weed seeds as carries the fire into areas with woody person to remove, cut, dig up, damage, well. Other plants were brought to plants. Fire is a major threat to native or destroy any such plant(s) in knowing Hawaii for their potential horticultural plant species in dry to mesic habitats, violation of State law or regulation or in value (Cuddihy and Stone 1990, Scott et especially on the leeward slopes of the course of any violation of a State al. 1986, Wenkam 1969). Molokai, where the largest population of criminal trespass law. The lack of Rubus rosifolius (thimbleberry), Schiedea sarmentosa is located (J. Lau, adequate resources to enforce State laws native to Asia, is naturalized in in litt. 1994). The presence of molasses and regulations makes this provision disturbed mesic to wet forest on all of grass greatly enhances the potential and particularly important. the main Hawaiian Islands (Wagner et destructiveness of fires. For example, in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53135

1988, a human-caused fire consumed known extant population. Two of the dunbarii, Lysimachia maxima, and roughly 38 sq km (15 sq mi) of species in this rule, Cyanea dunbarii Schiedea sarmentosa as endangered. All shrubland and forest from the southern and Lysimachia maxima, are known 3 species either number fewer than 50 coastline of East Molokai to the from only a single population. Schiedea individuals in 1 population or are southwest corner of Kamakou Preserve, sarmentosa is known from only two known from only 2 populations. The about 3.5 mi (5.5 km) inland (E. Misaki, populations. Cyanea dunbarii is known three species are threatened by one or pers. comm. 1991). Molasses grass was from fewer than 20 individuals and more of the following—competition the main carrier of that fire (E. Misaki, Lysimachia maxima is known from from alien plants; potential habitat pers. comm. 1991). Molasses grass is fewer than 50 individuals. degradation and/or predation by feral able to spread prolifically after a fire Erosion, landslides, and rock slides pigs, feral goats, rats, and deer; fire; and effectively competes with the few due to natural weathering result in the substrate loss; potential human impacts; fire-adapted native plant species, death of individual plants as well as and lack of legal protection or difficulty creating a dense stand of alien grass habitat destruction. This especially in enforcing laws that are already in where forests once stood. It is becoming affects the continued existence of effect. Small population size and a major problem in dry sites along the species or populations with limited limited distribution make these species many leeward ridges of East Molokai numbers and/or narrow ranges, particularly vulnerable to extinction (Bottenfield 1958, Cuddihy and Stone including all three species in this rule. and/or reduced reproductive vigor from 1990, O’Connor 1990, Smith 1985). This process is often exacerbated by naturally occurring events. Because The small numbers of populations human disturbance and land use these three species are in danger of and individuals of these species practices (See Factor A.). extinction throughout all or a significant increase the potential for extinction The Service has carefully assessed the portion of their ranges, they meet the from naturally occurring events. The best scientific and commercial definition of endangered as defined in limited gene pool may depress information available regarding the past, the Act. Therefore, the determination of reproductive vigor, or a single human- present, and future threats faced by endangered status for these three caused or natural environmental these species in determining to make species is warranted. A summary of the disturbance could destroy a significant this final rule. Based on this evaluation, threats facing these taxa is presented in percentage of the individuals or the only the preferred action is to list Cyanea Table 1.

TABLE 1.ÐSUMMARY OF THREATS

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

Cyanea dunbarii ...... P ...... P P X X P ...... X1,2 Lysimachia maxima ...... P P ...... X P ...... X1,2 Schiedea sarmentosa ...... X X ...... X P P X X1 KEY: X=Immediate and significant threat. P=Potential threat. *=No more than 100 individuals and/or no more than 5 populations. 1=No more than 5 populations. 2=No more than 100 individuals.

Critical habitat is not being proposed Section 4(a)(3) of the Act, as descriptions of critical habitat in the for the three species included in this amended, and implementing regulations Federal Register would make these rule, for reasons discussed in the (50 CFR 424.12) require that, to the plants more vulnerable to incidents of ‘‘Critical Habitat’’ section of this rule. maximum extent prudent and collection and vandalism and, therefore, determinable, the Secretary designate could contribute to the decline of these Critical Habitat critical habitat at the same time the species and increase enforcement Critical habitat is defined in section 3 species is listed. The Service finds that problems. The listing of these species as of the Act as: (i) the specific areas designation of critical habitat is not endangered also publicizes the rarity of within the geographical area occupied prudent for Cyanea dunbarii, these plants and, thus, can make these by a species, at the time it is listed in Lysimachia maxima, and Schiedea plants attractive to researchers, curiosity accordance with the Act, on which are sarmentosa at this time. Service seekers, or collectors of rare plants. found those physical or biological regulations (50 CFR 424.12(a)(1)) state The additional protection provided by features (I) essential to the conservation that designation of critical habitat is not the designation of critical habitat to a of the species and (II) that may require prudent when one or both of the species is granted through section 7 of special management considerations or following situations exist—(1) The the Act. Section 7(a) of the Act, as protection and; (ii) specific areas species is threatened by taking or other amended, requires Federal agencies to outside the geographical area occupied human activity, and identification of evaluate their actions with respect to by a species at the time it is listed, upon critical habitat can be expected to any species that is proposed or listed as a determination that such areas are increase the degree of threat to the endangered or threatened and with essential for the conservation of the species, or (2) such a designation of respect to its critical habitat, if any is species. ‘‘Conservation’’ means the use critical habitat would not be beneficial being designated. Section 7(a)(2) of all methods and procedures needed to the species. The three species have requires Federal agencies to insure that to bring the species to the point at very low total populations and face activities they authorize, fund, or carry which listing under the Act is no longer anthropogenic threats (see Factor B). out are not likely to jeopardize the necessary. The publication of precise maps and continued existence of such a species or 53136 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations destroy or adversely modify its critical activities occur within the present criminal trespass law. The Service is not habitat. The three species in this rule known habitat of these three plant aware of any trade in these species or of are confined to small geographic areas, species. The Service has not pursued any activities currently being conducted and each population is composed of so prelisting conservation agreements for by the public that would be affected by few individuals that the determinations the three plant species due to time and this listing or result in violation of for jeopardy to the species and adverse resource constraints. section 9 of the Act. modification of critical habitat would be The Act and its implementing Questions regarding whether specific similar. Therefore, designation of regulations set forth a series of general activities will constitute a violation of critical habitat provides no benefits prohibitions and exceptions that apply section 9 of the Act should be directed beyond those that these species would to all endangered plant species. All to the Pacific Islands Ecoregion Manager receive by virtue of their listing as prohibitions of section 9(a)(2) of the Act, (see ADDRESSES section). Requests for endangered species, and would likely implemented by 50 CFR 17.61, apply. copies of the regulations regarding listed increase the risk of threat from These prohibitions, in part, make it plants and inquiries regarding collecting or other human activities. illegal for any person subject to the prohibitions and permits may be All involved parties and the major jurisdiction of the United States to addressed to the Fish and Wildlife landowners have been notified of the import or export, transport such species Service, Ecological Services, location of these species. Protection of in interstate or foreign commerce in the Endangered Species Permits, 911 N.E. the habitats of these species will be course of a commercial activity, sell or 11th Avenue, Portland, Oregon 97232– addressed through the recovery process offer for sale such species in interstate 4181 (telephone: 503/231–2063; and through the section 7 consultation or foreign commerce, or remove and facsimile: 503/231–6243). process. reduce such species to possession from areas under Federal jurisdiction. In Hawaii State Law Available Conservation Measures addition, for plants listed as Conservation measures provided to Federal listing will automatically endangered, the Act prohibits the invoke listing under the State’s plant species listed as endangered under malicious damaging or destruction on endangered species act. Hawaii’s the Endangered Species Act include areas under Federal jurisdiction and the Endangered Species Act states, ‘‘Any recognition, recovery actions, removal, cutting, digging up, damaging, species of aquatic life, wildlife, or land requirements for Federal protection, and or destroying of any such plants in plant that has been determined to be an prohibitions against certain activities. knowing violation of any State law or endangered species pursuant to the Recognition through listing results in regulation, including State criminal [Federal] Endangered Species Act shall public awareness and conservation trespass law. Certain exceptions to the be deemed to be an endangered species actions by Federal, State, and local prohibitions apply to agents of the under the provisions of this chapter agencies, private organizations, and Service and State conservation agencies. individuals. The Act provides for The Act and 50 CFR 17.62 and 17.63 ** *’’ (HRS, sect. 195D–4(a).) This possible land acquisition and also provide for the issuance of permits Federal listing will automatically invoke cooperation with the State and requires to carry out otherwise prohibited listing under Hawaii State law. The that recovery plans be developed for activities involving endangered plant State law prohibits taking of endangered listed species. The protection required species under certain circumstances. species and encourages conservation by of Federal agencies and the prohibitions Such permits are available for scientific State agencies (HRS, sect. 195D–4, against certain activities involving listed purposes and to enhance the 195D–5). plants are discussed, in part, below. propagation or survival of the species. It National Environmental Policy Act Section 7(a) of the Act, as amended, is anticipated that few permits would requires Federal agencies to evaluate ever be sought or issued because the The Fish and Wildlife Service has their actions with respect to any species species in this rule are not common in determined that Environmental that is proposed or listed as endangered cultivation or in the wild. Assessments or Environmental Impact or threatened and with respect to its It is the policy of the Service (July 1, Statements, as defined under the critical habitat, if any is being 1994; 59 FR 34272) to identify to the authority of the National Environmental designated. Regulations implementing maximum extent practicable at the time Policy Act of 1969, need not be this interagency cooperation provision a species is listed those activities that prepared in connection with regulations of the Act are codified at 50 CFR part would or would not likely constitute a adopted pursuant to section 4(a) of the 402. Section 7(a)(4) of the Act requires violation of section 9 of the Act. The Endangered Species Act of 1973, as Federal agencies to confer with the intent of this policy is to increase public amended. A notice outlining the Service on any action that is likely to awareness of the effect of the listing on Service’s reasons for this determination jeopardize the continued existence of a proposed and ongoing activities within was published in the Federal Register proposed species or result in the species’ range. The only known on October 25, 1983 (48 FR 49244). destruction or adverse modification of population of Cyanea dunbarii is found Required Determinations proposed critical habitat. If a species is on a steep slope on State-owned land. listed subsequently, section 7(a)(2) The only known population of The Service has examined this requires Federal agencies to ensure that Lysimachia maxima and one population regulation under the Paperwork activities they authorize, fund, or carry of Schiedea sarmentosa are found on Reduction Act of 1995 and found it to out are not likely to jeopardize the steep slopes on land owned by TNC. contain no information collection continued existence of the species or to The other population of Schiedea requirements. This rulemaking was not destroy or adversely modify its critical sarmentosa is found on steep slopes on subject to review by the Office of habitat. If a Federal action may affect a privately owned land. Collection, Management and Budget under listed species or its critical habitat, the damage, or destruction of these species Executive Order 12866. responsible Federal agency must enter on non-Federal lands would constitute References Cited into consultation with the Service. None a violation of section 9, if conducted in of the three species in this rule occurs knowing violation of Hawaii State law A complete list of all references cited on Federal lands and no known Federal or regulations, or in violation of State herein is available upon request from Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53137 the Pacific Islands Ecoregion Office (see recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. ADDRESSES section). Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. Author Regulation Promulgation The author of this final rule is Marie 2. Section 17.12(h) is amended by M. Bruegmann, Pacific Islands Accordingly, the Service hereby adding the following, in alphabetical Ecoregion Office (see ADDRESSES amends part 17, subchapter B of chapter order under FLOWERING PLANTS, to section). Substantial data were I, title 50 of the Code of Federal the List of Endangered and Threatened contributed by HHP and Steve Perlman Regulations, as set forth below: Plants to read as follows: and Ken Wood of HPCC. PART 17Ð[AMENDED] § 17.12 Endangered and threatened plants. List of Subjects in 50 CFR Part 17 * * * * * Endangered and threatened species, 1. The authority citation for part 17 (h) * * * Exports, Imports, Reporting and continues to read as follows:

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

FLOWERING PLANTS

******* Cyanea dunbarii ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ... E 594 NA NA

******* Lysimachia maxima ...... No common name U.S.A. (HI) ...... Primulaceae ...... E 594 NA NA

******* Schiedea sarmentosa ...... No common name U.S.A. (HI) ...... Caryophyllaceae ... E 594 NA NA

*******

Dated: September 23, 1996. dipetalum var. tomentosum (a’e). All 13 FOR FURTHER INFORMATION CONTACT: John G. Rogers, taxa are endemic to the island of Brooks Harper, Field Supervisor, Acting Director, Fish and Wildlife Service. Hawaii, Hawaiian Islands. The 13 plant Ecological Services, Pacific Islands [FR Doc. 96–25554 Filed 10–9–96; 8:45 am] taxa and their habitats have been Ecoregion (see ADDRESSES section) BILLING CODE 4310±55±P threatened by one or more of the (telephone: 808/541–3441; facsimile: following—competition for space, light, 808/541–3470). water, and nutrients by naturalized, SUPPLEMENTARY INFORMATION: 50 CFR Part 17 introduced vegetation; habitat degradation by wild, feral, or domestic Background RIN 1018±AD25 animals (cattle, pigs, goats, and sheep); Clermontia drepanomorpha (’oha agricultural and residential Endangered and Threatened Wildlife wai), Cyanea platyphylla (haha), development and recreational activities; Hibiscadelphus giffardianus (hau and Plants; Determination of habitat loss and damage to plants from Endangered Status for Thirteen Plants kuahiwi), Hibiscadelphus hualalaiensis fires; predation by animals (cattle, pigs, (hau kuahiwi), Melicope zahlbruckneri From the Island of Hawaii, State of goats, sheep, insects, and rats); and Hawaii (alani), Neraudia ovata (no common natural disasters such as volcanic name (NCN)), Phyllostegia racemosa AGENCY: Fish and Wildlife Service, activity. Due to the small number of (kiponapona), Phyllostegia velutina Interior. existing individuals and their very (NCN), Phyllostegia warshaueri (NCN), narrow distributions, these 13 taxa and ACTION: Final rule. Pleomele hawaiiensis (hala pepe), their populations are subject to an Pritchardia schattaueri (loulu), Sicyos SUMMARY: The U.S. Fish and Wildlife increased likelihood of extinction and/ alba (’anunu), and Zanthoxylum Service (Service) determines or reduced reproductive vigor from dipetalum var. tomentosum (a’e) all are endangered status pursuant to the natural disasters. This final rule endemic to the island of Hawaii, Endangered Species Act of 1973, as implements the Federal protection Hawaiian Islands. amended (Act), for 13 plants: provisions provided by the Act for listed The island of Hawaii is the Clermontia drepanomorpha (’oha wai), plants. Listing under the Act also southernmost, easternmost, and Cyanea platyphylla (haha), triggers listed status for these 13 taxa youngest of the eight major Hawaiian Hibiscadelphus giffardianus (hau under State law. Islands. Hawaii, the largest island of the kuahiwi), Hibiscadelphus hualalaiensis EFFECTIVE DATE: This rule takes effect Hawaiian archipelago comprises 10,458 (hau kuahiwi), Melicope zahlbruckneri November 12, 1996. square kilometers (sq km) (4,038 sq (alani), Neraudia ovata (no common ADDRESSES: The complete file for this miles (mi)), or two-thirds of the land name (NCN)), Phyllostegia racemosa rule is available for inspection, by area of the State of Hawaii, giving rise (kiponapona), Phyllostegia velutina appointment, during normal business to its common name, the ‘‘Big Island.’’ (NCN), Phyllostegia warshaueri (NCN), hours at the Pacific Islands Ecoregion, The Hawaiian Islands are volcanic Pleomele hawaiiensis (hala pepe), U.S. Fish and Wildlife Service, 300 Ala islands formed over a ‘‘hot spot,’’ a fixed Pritchardia schattaueri (loulu), Sicyos Moana Boulevard, Room 3108, Box area of pressurized molten rock deep alba (’anunu), and Zanthoxylum 50088, Honolulu, Hawaii 96850. within the Earth. As the Pacific Plate, a