Vol. 77 Wednesday, No. 201 October 17, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Listing 15 Species on Island as Endangered and Designating Critical Habitat for 3 Species; Proposed Rule

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DEPARTMENT OF THE INTERIOR Wildlife Service; 4401 N. Fairfax Drive, These species co-occur with Bidens MS 2042–PDM; Arlington, VA 22203. micrantha ssp. ctenophylla in the same Fish and Wildlife Service We will post all comments on http:// lowland dry ecosystem, but do not have www.regulations.gov. This generally designated critical habitat on Hawaii 50 CFR Part 17 means that we will post any personal Island. We are also correcting critical [Docket Number FWS–R1–ES–2012–0070: information you provide us (see the habitat unit maps for Cyanea shipmanii, 4500030113] Public Comments section below for Phyllostegia racemosa, Phyllostegia more information). velutina, and Plantago hawaiensis to RIN 1018–AY09 The coordinates or plot points or both accurately reflect the designated critical from which the maps were generated are Endangered and Threatened Wildlife habitat units for those species. included in the administrative record and Plants; Listing 15 Species on These map corrections do not change for the proposed critical habitat Hawaii Island as Endangered and the designated critical habitat for these designation and are available at http:// Designating Critical Habitat for 3 plants. For the remaining 14 species that www.fws.gov/pacificislands, http:// Species we are proposing to list in this rule, we www.regulations.gov at Docket No. find that critical habitat is not AGENCY: Fish and Wildlife Service, FWS–R1–ES–2011–0070, and at the determinable at this time. This proposed Interior. Pacific Islands Fish and Wildlife Office rule is organized by ecosystem, which ACTION: Proposed rule. (see FOR FURTHER INFORMATION CONTACT). will allow the Service to better Any additional tools or supporting prioritize, direct, and focus conservation SUMMARY: We, the U.S. Fish and information that we may develop for and recovery actions on Hawaii Island. Wildlife Service (Service), propose to this critical habitat designation will also The basis for our action. Under the list 15 species on the Hawaiian island be available at the above locations. Endangered Species Act, a species may of Hawaii as endangered species under FOR FURTHER INFORMATION CONTACT: be determined to be an endangered the Endangered Species Act of 1973, as Loyal Mehrhoff, Field Supervisor, species or a threatened species based on amended (Act), and to designate critical Pacific Islands Fish and Wildlife Office, any of five factors: (1) Destruction, habitat for 1 of these species. For the 300 Ala Moana Boulevard, Box 50088, modification, or curtailment of its remaining 14 species that we are , HI 96850; by telephone at habitat or range; (2) Overuse; (3) Disease proposing to list in this rule, we find 808–792–9400; or by facsimile at 808– or predation; (4) Inadequate existing that critical habitat is not determinable 792–9581. If you use a regulations; or (5) Other natural or at this time. We also propose to telecommunications device for the deaf manmade factors. designate critical habitat for two plant (TDD), call the Federal Information One or more of the species proposed species that were listed as endangered Relay Service (FIRS) at 800–877–8339. for listing in this rule face the following species in 1986 and 1994. The proposed SUPPLEMENTARY INFORMATION: threats related to these criteria: critical habitat designation totals 18,766 • Habitat loss and degradation due to acres (ac) (7,597 hectares (ha)), and Executive Summary agriculture and urban development; includes both occupied and unoccupied Why we need to publish a rule. Under nonnative feral ungulates (e.g., pigs, habitat. Approximately 55 percent of the the Act, we are required to list a species goats) and plants; wildfire; hurricanes; area being proposed as critical habitat is if we determine that it meets the flooding; and drought. already designated as critical habitat for definition of an endangered species or a • Predation or herbivory by nonnative 42 plants and the Blackburn’s sphinx threatened species as defined in the Act. feral ungulates, rats, snails, and slugs. moth (Manduca blackburni). In If this determination is made, we • Inadequate existing regulatory addition, we propose a taxonomic publish a proposed rule in the Federal mechanisms to prevent the introduction change for one endangered plant Register, seek public comment on our and spread of nonnative plants and species. proposal, and issue a final rule. This . DATES: We will accept comments action consists of a proposed rule to list • Small number of individuals and received on or postmarked on or before 15 species (13 plants, 1 (picture- populations, and lack of reproduction in December 17, 2012. Please note that if wing fly), and 1 (anchialine the wild. you are using the Federal eRulemaking pool )) from the Island of Hawaii This rule proposes to designate Portal (See ADDRESSES section below), in the State of Hawaii, as endangered. critical habitat for 3 plant species. the deadline for submitting an Further, under the Act, we are to • Approximately 18,766 acres (7,597 electronic comment is 11:59 p.m. designate critical habitat to the hectares) is being proposed as critical Eastern Time on this date. We must maximum extent prudent and habitat in seven multi-species critical receive requests for public hearings, in determinable concurrently with a listing habitat units on lands owned by the writing, at the address shown in the FOR determination. We are proposing to U.S. National Park Service, State of FURTHER INFORMATION CONTACT section designate critical habitat concurrently Hawaii, County of Hawaii, and private by December 3, 2012. with listing for the plant Bidens interests. ADDRESSES: You may submit comments micrantha ssp. ctenophylla, due to the • Approximately 55 percent, or by one of the following methods: imminent threat of urban development 10,304 acres (4,170 hectares), of the area • Federal eRulemaking Portal: http:// to 98 percent of the individuals known being proposed as critical habitat www.regulations.gov. Search for for this species and its habitat within overlaps with areas already designated FWS¥R1–ES–2012–0070, which is the the lowland dry ecosystem. In addition, as critical habitat for previously listed docket number for this proposed rule. we are proposing to designate critical plant and species. You may submit a comment by clicking habitat for two previously listed plant • Approximately 45 percent, or 8,464 on ‘‘Comment Now!’’ species. pyrifolium, listed acres (3,426 hectares), of the area does • U.S. Mail or Hand Delivery: Public as an endangered species on March 4, not overlap with areas already Comments Processing, Attn: FWS–R1– 1994 (59 FR 10305), and Mezoneuron designated as critical habitat for ES–2012–0070; Division of Policy and kavaiense, listed as an endangered previously listed plant and animal Directives Management; U.S. Fish and species on July 8, 1986 (51 FR 24672). species.

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• The proposed critical habitat units of the existing regulations that may be exclude an area from critical habitat if encompass areas containing physical addressing those threats. he or she determines that the benefits of and biological features essential to the (2) Additional information concerning such exclusion outweigh the benefits of conservation of these species and that the range, distribution, and population including that particular area as critical may require special management sizes of each of the 15 species proposed habitat, unless failure to designate that considerations, or are otherwise for listing, including the locations of specific area as critical habitat will essential for the conservation of these any additional populations of these result in the of the species. species. species. We request specific information on: • The proposed designation includes (3) Any information on the biological • The benefits of and supporting both occupied and unoccupied critical or ecological requirements of the 15 rationale for including specific areas in habitat for the three species for which species proposed for listing. the final designation; we are proposing to designate critical (4) Current or planned activities • The benefits of and supporting habitat. within the area being proposed for rationale for excluding specific areas • The Secretary may exclude an area critical habitat and possible impacts to from the final designation; and from critical habitat if the benefits of these activities. • Whether any specific exclusions exclusion outweigh the benefits of (5) The reasons why we should or may result in the extinction of the designation, unless the exclusion will should not designate areas for Bidens species, and why. result in the extinction of the species. micrantha ssp. ctenophylla, (9) Whether the private and State We are considering excluding Mezoneuron kavaiense (taxonomic lands being considered for exclusion approximately 4,102 acres of privately revision proposed for Caesalpinia from critical habitat designation under owned and State lands from the critical kavaiense to Mezoneuron kavaiense), section 4(b)(2) of the Act should or habitat designation. and as ‘‘critical should not be excluded, and why. We are preparing an economic habitat’’ under section 4 of the (10) Information on the projected and analysis of the proposed critical habitat Endangered Species Act of 1973, as reasonably likely impact of climate designation. To consider economic amended (Act) (16 U.S.C. 1531 et seq.). change on the species included in this impacts, we are preparing an analysis of We specifically seek information on any proposed rule, and any special the economic impacts of the proposed threats to these species from human management needs or protections that critical habitat designation and related activity, the degree of which can be may be needed in the critical habitat factors. We will announce the expected to increase due to the areas we are proposing. availability of the draft economic designation, and whether the benefit of (11) Whether we could improve or analysis as soon as it is completed, at designation would outweigh threats to modify our approach to designating which time we will seek public review these species caused by the designation, critical habitat in any way to provide for and comment. We will use information such that the designation of critical greater public participation and from this analysis to inform the habitat is prudent. understanding, or to better development of our final designation of (6) Specific information on: accommodate public concerns and critical habitat for these species. • The amount and distribution of comments. We will seek peer review. We will critical habitat for the species included (12) Specific information on ways to obtain opinions from knowledgeable in this proposed rule; improve the clarity of this rule as it individuals with scientific expertise • Areas that are currently occupied pertains to completion of consultations regarding our technical assumptions, and contain the necessary physical or under section 7 of the Act. analysis, adherence to regulations, and biological features essential for the (13) Comments on our proposal to use of the best available information. conservation of the species that we revise the taxonomic classification for should include in the designation, and Caesalpinia kavaiense to Mezoneuron Public Comments why; kavaiense. We intend that any final action • Whether special management You may submit your comments and resulting from this proposal will be considerations or protections may be materials concerning this proposed rule based on the best scientific and required for the physical or biological by one of the methods listed in the commercial data available and be as features essential to the conservation of ADDRESSES section. We request that you accurate and as effective as possible. the species in this proposed rule; and send comments only by the methods Therefore, we solicit comments or • What areas outside the geographical described in the ADDRESSES section. suggestions on this proposed rule from area occupied at the time of listing are We will post your entire comment— other concerned governmental agencies, essential to the conservation of the including your personal identifying the scientific community, industry, or species, and why. information—on http:// other interested parties concerning this (7) Any reasonably foreseeable www.regulations.gov. If you provide proposed rule. We are proposing to list economic, national security, or other personal identifying information in your 15 species (13 plants, 1 anchialine pool relevant impacts of the proposed critical comment, such as your street address, shrimp, and 1 picture-wing fly) as habitat designation. We are particularly phone number, or email address, you endangered species. We are also interested in any impacts on small may request at the top of your document proposing to designate critical habitat entities, and the benefits of including or that we withhold this information from for one of the proposed endangered excluding areas that may experience public review. However, we cannot plant species and two plant species that these impacts. guarantee that we will be able to do so. are already listed as endangered species, (8) Whether the benefits of excluding Please include sufficient information but that do not have designated critical any particular area from critical habitat with your comments to allow us to habitat on Hawaii Island. We outweigh the benefits of including that verify any scientific or commercial particularly seek comments concerning: area as critical habitat under section information you include. (1) Biological, commercial trade, or 4(b)(2) of the Act, after considering the Comments and materials we receive, other relevant data concerning threats potential impacts and benefits of the as well as supporting documentation we (or the lack thereof) to the 15 species proposed critical habitat designation. used in preparing this proposed rule, proposed for listing, and the adequacy Under section 4(b)(2), the Secretary may will be available for public inspection at

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http://www.regulations.gov, or by the Pacific Islands Fish and Wildlife Background appointment, during normal business Office (See FOR FURTHER INFORMATION Hawaii Island Species Addressed in hours, at the U.S. Fish and Wildlife CONTACT) or by visiting the Federal This Proposed Rule Service, Pacific Islands Fish and eRulemaking Portal at http:// Wildlife Office (see FOR FURTHER www.regulations.gov. Table 1 below provides the scientific INFORMATION CONTACT). You may obtain name, common name, listing status, and copies of the proposed rule by mail from critical habitat status for the species that are the subjects of this proposed rule.

TABLE 1—THE HAWAIIAN ISLAND SPECIES ADDRESSED IN THIS PROPOSED RULE (NOTE THAT MANY OF THE SPECIES SHARE A COMMON NAME. ‘‘E’’ DENOTES ENDANGERED STATUS UNDER THE ACT; ‘‘C’’ DENOTES A SPECIES CURRENTLY ON THE CANDIDATE LIST.)

Critical habitat sta- Scientific name Common name(s) Listing status tus

Plants

Bidens hillebrandiana ssp. kookoolau ...... Proposed—Endangered ...... Not determinable. hillebrandiana. Bidens micrantha ssp. ctenophylla ...... kookoolau ...... Proposed—Endangered (C) ...... Proposed. Caesalpinia kavaiense (taxonomic revi- uhiuhi ...... Listed 1986—E ...... Proposed. sion proposed, to Mezoneuron kavaiense). Cyanea marksii ...... haha ...... Proposed—Endangered ...... Not determinable. Cyanea tritomantha ...... aku ...... Proposed—Endangered (C) ...... Not determinable. nanawaleensis ...... haiwale ...... Proposed—Endangered ...... Not determinable. Cyrtandra wagneri ...... haiwale ...... Proposed—Endangered ...... Not determinable. Isodendrion pyrifolium ...... wahine noho kula ...... Listed 1994—E ...... Proposed. Phyllostegia floribunda ...... no common name (NCN) ...... Proposed—Endangered (C) ...... Not determinable. Pittosporum hawaiiense ...... hoawa, haawa ...... Proposed—Endangered ...... Not determinable. Platydesma remyi ...... NCN ...... Proposed—Endangered (C) ...... Not determinable. lanigera ...... loulu ...... Proposed—Endangered ...... Not determinable. Schiedea diffusa ssp. macraei ...... NCN ...... Proposed—Endangered ...... Not determinable. Schiedea hawaiiensis ...... NCN ...... Proposed—Endangered ...... Not determinable. Stenogyne cranwelliae ...... NCN ...... Proposed—Endangered (C) ...... Not determinable.

Animals

Drosophila digressa ...... picture-wing fly ...... Proposed—Endangered (C) ...... Not determinable. Vetericaris chaceorum ...... anchialine pool shrimp ...... Proposed—Endangered (C) ...... Not determinable [NCN] = no common name.

Previous Federal Actions On May 4, 2004, the Center for the multi-agency (Federal, State, and Seven of the 15 species proposed for Biological Diversity petitioned the private) Plant Extinction Prevention listing are candidate species (76 FR Secretary of the Interior to list 225 Program (PEPP). The goal of PEPP is to 66370; October 26, 2011). Candidate species of plants and animals, including prevent the extinction of plant species species are those taxa for which the the 7 candidate species listed above, as that have fewer than 50 individuals Service has sufficient information on endangered or threatened under the remaining in the wild on the islands of their biological status and threats to provisions of the Act. Since then, we , Oahu, Molokai, Lanai, Maui, and propose them for listing as endangered have published our annual findings on Hawaii (PEPP 2012, in litt.). We have or threatened species under the Act, but the May 4, 2004, petition (including our determined that these four plant species for which the development of a listing findings on the 7 candidate species warrant listing under the Act for the regulation has been precluded to date by listed above) in the CNORs dated May reasons discussed in the Summary of other higher priority listing activities. 11, 2005 (70 FR 24870), September 12, Factors Affecting the 15 Species The current candidate species addressed 2006 (71 FR 53756), December 6, 2007 Proposed for Listing section (below). in this proposed listing rule include the (72 FR 69034), and December 10, 2008 Because these 4 plant species occur five plants Bidens micrantha ssp. (73 FR 75176), November 9, 2009 (74 FR within 4 of the ecosystems identified in ctenophylla, Cyanea tritomantha, 57804), November 10, 2010 (75 FR this proposed rule, and share common Phyllostegia floribunda, Platydesma 69222), and October 26, 2011 (76 FR threats with the other 11 species remyi, and Stenogyne cranwelliae; and 66370). This proposed rule constitutes a proposed for listing under the Act, we the anchialine pool shrimp Vetericaris further response to the 2004 petition. have included them in this proposed chaceorum, and the picture-wing fly In addition to the seven candidate rule to provide them with protection Drosophila digressa. The candidate species, we are proposing to list four under the Act in an expeditious manner. status of all of these species was most plant species, Cyanea marksii, We are also proposing to list four recently assessed and reaffirmed in the Cyrtandra wagneri, Schiedea diffusa other plant species (Bidens October 26, 2011, Review of Native ssp. macraei, and Schiedea hawaiiensis, hillebrandiana ssp. hillebrandiana, Species that are Candidates for Listing that have been identified as the ‘‘rarest Cyrtandra nanawaleensis, Pittosporum as Endangered or Threatened (CNOR) of the rare’’ Hawaiian plant species in hawaiiense, and Pritchardia lanigera) (76 FR 66370). need of immediate conservation under that occur on Hawaii Island. We have

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determined that these four Hawaii the species between the time of listing eliminating these threats for each Island plant species warrant listing and now has not changed. Therefore, we individual species often requires the under the Act for the reasons discussed propose to recognize the listed species exact same management actions in the in the Summary of Factors Affecting the as Mezoneuron kavaiense. exact same areas. Effective management 15 Species Proposed for Listing section Critical Habitat Unit Map Corrections of these threats often requires (below). Because these 4 plant species implementation of conservation actions occur within 7 of the ecosystems Critical habitat was designated for at the ecosystem scale to enhance or identified in this proposed rule, and Cyanea shipmanii, Phyllostegia restore critical ecological processes and share common threats with the other 11 racemosa, Phyllostegia velutina, and provide for long-term viability of those species proposed for listing under the Plantago hawaiensis in 2003 (68 FR species in their native environment. Act, we have included them in this 39624; July 2, 2003). In this proposed Thus, by taking this approach, we hope proposed rule to provide them with rule, we are correcting critical habitat not only to organize this proposed rule protection under the Act in an unit maps published in 50 CFR efficiently, but also to more effectively expeditious manner. 17.99(k)(1) for these four species to focus conservation management efforts We are proposing critical habitat for accurately reflect their designated on the common threats that occur across two endangered plant species, critical habitat units. We are amending these ecosystems. Those efforts would Mezoneuron kavaiense (currently listed 50 CFR 17.99(k)(1) by removing four facilitate restoration of ecosystem as Mezoneuron kavaiense but listed in maps (Map 97, Unit 30—Cyanea functionality for the recovery of each error as Caesalpinia kavaiense in 50 stictophylla—d; Map 100, Unit 30— species, and provide conservation CFR 17.12, see taxonomic change Phyllostegia hawaiiensis—c; Map 101, benefits for associated native species, discussion below) (51 FR 24672; July 8, Unit 30—Phyllostegia racemosa—c; and thereby potentially precluding the need 1986) and Isodendrion pyrifolium (59 Map 102, Unit 30—Phyllostegia to list other species under the Act that velutina—b) that are either a duplicate FR 10305, March 4, 1994; 68 FR 39624, occur in these shared ecosystems. In July 2, 2003) for which critical habitat of another unit map or labeled with the addition, this approach is in accord has not been previously designated on incorrect species name. We are with the primary stated purpose of the the island of Hawaii. We are also replacing these four maps, using the Act (see section 2(b)): ‘‘to provide a proposing critical habitat for Bidens same map numbers, with correctly means whereby the ecosystems upon microthia ssp. ctenophylla, a candidate labeled maps that accurately represent which endangered species and species proposed for listing in this rule the geographic location of each species’ threatened species depend may be (76 FR 66370; October 26, 2011). critical habitat unit. conserved.’’ Proposed Taxonomic Change Since An Ecosystem-Based Approach to We propose to list the plants Bidens Listing for One Plant Species Listing 15 Species on Hawaii Island hillebrandiana ssp. hillebrandiana, B. We listed Mezoneuron kavaiense as On the island of Hawaii, as on most micrantha ssp. ctenophylla, Cyanea an endangered species in 1986 (51 FR of the Hawaiian Islands, native species marksii, Cyanea tritomantha, Cyrtandra 24672; July 8, 1986), based on the that occur in the same habitat types nanawaleensis, Cyrtandra wagneri, taxonomic treatment of Hillebrand (ecosystems) depend on many of the Phyllostegia floribunda, Pittosporum (1888, pp. 110–111). Following the same biological features and the hawaiiense, Platydesma remyi, reduction of Mezoneuron to Caesalpinia successful functioning of that ecosystem Pritchardia lanigera, Schiedea diffusa by Hattink (1974, p. 5), Geesink et al. to survive. We have therefore organized ssp. macraei, Schidea hawaiiensis, and (1990, pp. 646–647) changed the name the species addressed in this proposed Stenogyne cranwelliae; and the animals to Caesalpinia kavaiensis. In 1989, the rule by common ecosystem. Although Drosophila digressa and Vetericaris List of Endangered and Threatened the listing determination for each chaceorum, from Hawaii Island as Plants was revised to identify the listed species is analyzed separately, we have endangered species. These 15 species entity as Caesalpinia kavaiense. Recent organized the individual analysis for (13 plants, 1 anchialine pool shrimp, phylogenetic studies support separation each species within the context of the and 1 picture-wing fly) are found in 10 of Mezoneuron from Caesalpinia broader ecosystem in which it occurs to ecosystem types: anchialine pool, (Bruneau et al. 2008, p. 710). The avoid redundancy. In addition, native coastal, lowland dry, lowland mesic, recognized scientific name for this species that share ecosystems often face lowland wet, montane dry, montane species is Mezoneuron kavaiense a suite of common factors that may be mesic, montane wet, dry cliff, and wet (Wagner et al. 2012, p. 37). The range of a threat to them, and ameliorating or cliff (Table 2).

TABLE 2—SPECIES PROPOSED FOR LISTING ON HAWAII ISLAND AND THE ECOSYSTEMS UPON WHICH THEY DEPEND

Species Ecosystem Plants Animals

Anchialine Pool ...... Vetericaris chaceorum. Coastal ...... Bidens hillebrandiana ssp. hillebrandiana Lowland Dry ...... Bidens micrantha ssp. ctenophylla Lowland Mesic ...... Pittosporum hawaiiense ...... Drosophila digressa. Pritchardia lanigera Lowland Wet ...... Cyanea marksii Cyanea tritomantha Cyrtandra nanawaleensis Cyrtandra wagneri Phyllostegia floribunda Platydesma remyi Pritchardia lanigera Montane Dry ...... Schiedea hawaiiensis

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TABLE 2—SPECIES PROPOSED FOR LISTING ON HAWAII ISLAND AND THE ECOSYSTEMS UPON WHICH THEY DEPEND— Continued

Species Ecosystem Plants Animals

Montane Mesic ...... Phyllostegia floribunda ...... Drosophila digressa. Pittosporum hawaiiense Montane Wet ...... Cyanea marksii ...... Drosophila digressa. Cyanea tritomantha Phyllostegia floribunda Pittosporum hawaiiense Platydesma remyi Pritchardia lanigera Schiedea diffusa ssp.macraei Stenogyne cranwelliae Dry Cliff ...... Bidens hillebrandiana ssp. hillebrandiana Wet Cliff ...... Cyanea tritomantha Pritchardia lanigera Stenogyne cranwelliae

For each species, we identified and (59 FR 10305), and Mezoneuron multiple robust populations is a key evaluated those factors that threaten the kavaiense, which was listed as an component of recovery. species and that may be common to all endangered species on July 8, 1986 (51 Each of the areas proposed for of the species at the ecosystem level. For FR 24672). These two species are designation represents critical habitat example, the degradation of habitat by included in this proposed rule because for multiple species, based upon their nonnative ungulates is considered a they share proposed occupied and shared habitat requirements (i.e., threat to 14 of the 15 species proposed unoccupied critical habitat with Bidens physical or biological features) essential for listing, and is likely a threat to many, micrantha ssp. ctenophylla. for their conservation. The identification of critical habitat also if not most or all, of the native species In this proposed rule, we propose to takes into account any species-specific within a given ecosystem. We consider designate critical habitat for three conservation needs as appropriate. such a threat factor to be an ‘‘ecosystem- species in seven multiple-species level threat,’’ as each individual species The proposed species Bidens critical habitat units. Although critical within that ecosystem faces a threat that micrantha ssp. ctenophylla, and the habitat is identified for each species is essentially identical in terms of the listed species Isodendrion pyrifolium individually, we have found that the nature of the impact, its severity, its and Mezoneuron kavaiense co-occur in conservation of each depends, at least in timing, and its scope. Beyond the same lowland dry ecosystem on the part, on the successful functioning of ecosystem-level threats, we further island of Hawaii. These three species the physical or biological features of the identified and evaluated threat factors (Bidens micrantha ssp. ctenophylla, commonly shared ecosystem. Each that may be unique to certain species, Isodendrion pyrifolium, and critical habitat unit identified in this but do not apply to all species under Mezoneuron kavaiense) share many of proposed rule contains the physical or consideration within the same the same physical or biological features biological features essential to the ecosystem. For example, the threat of (e.g., elevation, annual rainfall, predation by nonnative is unique conservation of those individual species substrate, associated native plant to the picture-wing fly in this proposed that occupy that particular unit at the genera), as well as the same threats from rule, and is not applicable to any of the time of listing, or contains areas development, fire, and nonnative other species proposed for listing. We essential for the conservation of those ungulates and plants. However, for the have identified such threat factors, species identified that do not presently remaining 14 species proposed for which apply only to certain species occupy that particular unit. Where the listing in this rule, we do not have the within the ecosystems addressed here, unit is not occupied by a particular analysis necessary to refine the as ‘‘species-specific threats.’’ species, we believe it is still essential for identification of the physical and the conservation of that species because biological features and delineate the An Ecosystem-Based Approach to the designation allows for the expansion specific areas that contain those features Determining Primary Constituent of its range and reintroduction of in the appropriate arrangement and Elements of Critical Habitat individuals into areas where it occurred quantity or the specific unoccupied Under section 4(a)(3)(A) of the Act, historically, and provides area for areas essential to the species’ we are required to designate critical recovery in the case of stochastic events conservation. As a result, we find that, habitat to the maximum extent prudent that otherwise hold the potential to for the remaining 14 species that we are and determinable concurrently with the eliminate the species from the one or proposing to list in this rule, the publication of a final determination that more locations where it is presently designation of critical habitat is not a species is an endangered or threatened found. Under current conditions, many determinable at this time. species. We are proposing to designate of these species are so rare in the wild critical habitat concurrently with listing that they are at high risk of extirpation The Island of Hawaii for the plant Bidens micrantha ssp. or even extinction from various The island of Hawaii, located ctenophylla, and for two previously stochastic events, such as hurricanes or southeast of the islands of Maui and listed plant species: Isodendrion landslides. Therefore, building up Kahoolawe, is the largest, highest, and pyrifolium, which was listed as an resilience and redundancy in these youngest island of the Hawaiian endangered species on March 4, 1994 species through the establishment of archipelago (Figure 1). At 4,038 square

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(sq) miles (mi) (10,458 sq kilometers expected to erupt again); Hualalai at FR 10305, March 4, 1994; USGS 2012, (km)) in area, it comprises 8,271 ft (2,521 m) is dormant (an active pp. 1–2). Hawaii Island, with its greater approximately two-thirds of the land volcano that is not erupting, but mass and higher elevations, has more area of the State of Hawaii, giving rise expected to erupt again); and Mauna distinctive climatic zones and to its common name, the ‘‘Big Island.’’ Loa at 13,677 ft (4,169 m) and Kilauea ecosystems than can be found elsewhere Five large shield volcanoes make up the at 4,093 ft (1,248 m) are both active in the State (Juvik and Juvik 1998, island of Hawaii: Mauna Kea at 13,796 (volcanoes that are currently erupting or p. 22). The highest and lowest recorded feet (ft) (4,205 meters (m)) and Kohala showing signs of unrest, such as temperatures in the State occur on at 5,480 ft (1,670 m) are both extinct significant new gas emission) Hawaii Island (USFWS 1996, p. 6; volcanoes (volcanoes that are not (McDonald et al. 1990, pp. 345–379; 59 Wagner et al. 1999a, p. 38).

The island of Hawaii lies within the slopes of the saddle area between A rain shadow effect, created by trade wind belt. Moisture derived from Mauna Loa and Mauna Kea, but dries Mauna Kea and Mauna Loa, on the the Pacific Ocean is carried to the island out rapidly as elevation increases. This leeward side of the island prevents the by north-easterly trade winds. Heavy orographic (associated with or induced Kona (west side of the island) coast from rains fall when the moisture in clouds by the presence of mountains) effect receiving precipitation from the makes contact with windward (the reaches an elevation of about 2,000 to predominantly northeasterly trade direction upwind from the point of 3,000 m (6,500 to 9,850 ft) and tends to winds (Wagner et al. 1999a, pp. 36–44). reference, usually the more wet side of go around rather than over the high However, convection-driven onshore an island) mountain slopes (Wagner et mountains. Thus, in the leeward saddle breezes create upslope showers most al. 1999a, pp. 38–42). Considerable area, and high-elevation areas of Mauna afternoons, resulting in greater than moisture reaches the leeward (the Kea and Mauna Loa, dry or arid expected annual rainfall (50 to more course in which the wind is blowing, conditions predominate (USFWS 1996, than 100 inches (in) (1,270 to more than typically the dryer side of an island) p. 6; Mitchell et al. 2005a, pp. 6–71). 2,540 millimeters (m)), which supports

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a broad band of mesic forest on portions of Hawaii (throughout this rule, the sparsely vegetated lava fields, although of leeward Hawaii (Mitchell et al. terms ‘‘alien,’’ ‘‘feral,’’ ‘‘nonnative,’’ and some pools occur in areas with various 2005a, pp. 6–71–6–91). Another major ‘‘introduced’’ all refer to species that are groundcover, shrub, and species source of rainfall is provided by winter not naturally native to the Hawaiian (Chai 1989, pp. 2–24; Brock 2004, p. 35). (Kona) storms, which develop south of Islands). Currently, most of the native The anchialine pool shrimp, Vetericaris the island, and impact the island when vegetation on the island persists on chaceorum, which is proposed for trade winds subside during the winter upper elevation slopes, valleys, and listing as an endangered species in this months. Kawaihae, in south Kohala (on ridges; steep slopes; precipitous cliffs; rule, occurs in this ecosystem (Kensley the northwest side of the island), is valley headwalls; and other regions and Williams 1986, pp. 417–437). effectively cut off from the northeasterly where unsuitable topography has Coastal tradewinds by the Kohala Mountains, prevented urbanization and agricultural and from southerly and southwesterly development, or where inaccessibility The coastal ecosystem is found on all winds of winter storms by Mauna Loa has limited encroachment by nonnative of the main Hawaiian Islands, with the and Hualalai. It is the driest place in the plant and animal species. highest native species diversity main (Hawaii, Kauai, Kahoolawe, Lanai, occurring in the least populated coastal Hawaii Island Ecosystems Molokai, Maui, , and Oahu) areas of Kauai, Oahu, Molokai, Maui, Hawaiian Islands, receiving only about There are 12 different ecosystems Kahoolawe, Hawaii Island, and their 8 in (200 mm) of rain per year (Wagner (anchialine pool, coastal, lowland dry, associated islets. On Hawaii Island, the et al. 1999a, p. 39). lowland mesic, lowland wet, montane coastal ecosystem includes mixed Due to its relatively young age (less dry, montane mesic, montane wet, herblands, shrublands, and grasslands, than 1 million years old), the island of subalpine, alpine, dry cliff, and wet from sea level to 1,000 ft (300 m) in Hawaii is represented by fewer soil cliff) recognized on the island of elevation, generally within a narrow types than the older main Hawaiian Hawaii. The 15 species proposed for zone above the influence of waves to Islands. Sizable areas of lava, cinder, listing occur in 10 of these 12 within 330 ft (100 m) inland, sometimes and rubble occur in the saddle between ecosystems (none of the 15 species are extending farther inland if strong Mauna Kea and Mauna Loa, and on reported in subalpine and alpine prevailing onshore winds drive sea recent lava flows originating from ecosystems). The lowland dry spray and sand dunes into the lowland Hualalai, Mauna Loa, and Kilauea (Juvik ecosystem supports the three species for zone (TNC 2006a, pp. 1–3). The coastal and Juvik 1998, pp. 44–46; Mitchell et which critical habitat is proposed. The ecosystem is typically dry, with annual al. 2005a, pp. 6–71–6–72). Other soil 10 Hawaii Island ecosystems that rainfall of less than 20 in (50 cm); types include: histosols, which are support the 15 proposed species are however, windward rainfall may be characterized by a thin, well-drained, described in the following section; see high enough (up to 40 in (100 organic layer and occur on younger lava Table 2 (above) for a list of the species centimeters (cm)) to support mesic- flows common in the Hilo and Kau that occur in each ecosystem type. associated and sometimes wet- associated vegetation (Gagne and areas; andisols, which occur on Anchialine Pools substrates older than 3,000 years, are Cuddihy 1999, pp. 54–66). Biological characterized by the ability to take up The anchialine pool ecosystem has diversity is low to moderate in this large amounts of phosphorous and are been reported from Oahu, Molokai, ecosystem, but may include some common on the east flank of Mauna Kea Maui, Kahoolawe, and Hawaii Island. specialized plants and animals such as and above Hilo; aridosols, which are Anchialine pools are land-locked bodies nesting seabirds and the endangered characterized by horizons with of water that have indirect underground plant Sesbania tomentosa (ohai) (TNC accumulations of carbonates, gypsum, connections to the sea, contain varying 2006a, pp. 1–3). The plant Bidens or sodium chloride, and are found in the levels of salinity, and show tidal hillebrandiana ssp. hillebrandiana, dry soils of deserts or the dry leeward fluctuations in water level. Because all which is proposed for listing as an sides of the island; and mollisols, which anchialine pools occur within coastal endangered species in this rule, occurs are characterized by a distinct dark- areas, they are technically a part of the in this ecosystem on Hawaii Island colored surface horizon enriched with coastal ecosystem (see below) with (Hawaii Biodiversity and Mapping organic matter, and are found under the many of the same applicable and Program Database (TNC 2007– grasslands on the dry leeward areas of overlapping habitat threats. However, in Ecosystem Database of ArcMap the island (Gavenda et al. 1998, p. 94). this proposal, we are addressing this Shapefiles, unpublished; HBMP The vegetation on the island of unique ecosystem distinctly. Over 80 2010a)). Hawaii continues to experience extreme percent of the State’s anchialine pools Lowland Dry alterations due to ongoing volcanic are found on the island of Hawaii, with activity, past and present land use, and a total of approximately 600 to 650 The lowland dry ecosystem includes other activities. Land with rich soils was pools distributed over 130 sites along all shrublands and forests generally below altered by the early Hawaiians and, but the island’s northernmost and 3,300 ft (1,000 m) elevation that receive more recently, converted to agricultural steeper northeastern shorelines. less than 50 in (130 cm) annual rainfall, use in the production of sugar, Characteristic animal species include or are in otherwise prevailingly dry diversified agriculture, and pasture for (e.g., , prawns, substrate conditions that range from cattle (Bos taurus) ranching. For amphipods, isopods, etc.), several fish weathered reddish silty loams to stony example, large areas on the eastern species, molluscs, and other clay soils, rocky ledges with very slopes of the Kohala Mountains, Mauna invertebrates adapted to the pools’ shallow soil, or relatively recent little- Kea, and Mauna Loa were maintained in surface and subterranean habitats (The weathered lava (Gagne and Cuddihy sugarcane production until the late Nature Conservancy (TNC) 2009, pp. 1– 1999, p. 67). Areas consisting of 1960s (Juvik and Juvik 1998, p. 22). 3). Generally, vegetation within the predominantly native species in the Intentional and inadvertent introduction pools consists of various types of algal lowland dry ecosystem are now rare; of alien plant and animal species has forms (blue-green, green, red, and however, this ecosystem is found on the also contributed to the reduction in golden-brown). The majority of Hawaii’s islands of Kauai, Oahu, Molokai, Lanai, range of native vegetation on the island anchialine pools occur in bare or Maui, Kahoolawe and Hawaii, and is

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best represented on the leeward sides of receive greater than 75 in (190 cm) pp. 1–2). On Hawaii Island, specialized the islands (Gagne and Cuddihy 1999, p. annual precipitation, or are in otherwise plants and animals such as io or 67). On leeward Hawaii Island, this wet substrate conditions (TNC 2006d, Hawaiian hawk (Buteo solitarius) and ecosystem occurs on the northwest flank pp. 1–2). On the island of Hawaii, this Pittosporum hosmeri (hoawa) occur in of Hualalai in north Kona and on Mauna system is best developed in north the montane mesic ecosystem. The Loa in south Kona, but also occurs on Kohala, on the lower windward flanks plants Phyllostegia floribunda and the eastern Hawaii Island in Puna and of Mauna Kea and Mauna Loa, as well Pittosporum hawaiiense, and the Kau (within and adjacent to Hawaii as leeward areas benefiting from picture-wing fly Drosophila digressa, Volcanoes National Park (HVNP)) convection-driven upslope showers on which are proposed for listing as (Gagne and Cuddihy 1999, p. 67; TNC leeward Mauna Loa and Hualalai (TNC endangered species in this rule, are 2006b, pp. 1–2). Overall native 2006d, pp. 1–2). Native biological found in this ecosystem on Hawaii biological diversity is low to moderate diversity is high in this system (TNC Island (TNC 2007–Ecosystem Database in this ecosystem; however, tree species 2006d, pp. 1–2). The plants Cyanea of ArcMap Shapefiles, unpublished; exhibit a higher rate of diversity and marksii, Cyanea tritomantha, Cyrtandra Benitez et al. 2008, p. 58; HBMP 2010d; endemism (Pau et al. 2009, p. 3,167). nanawaleensis, Cyrtandra wagneri, HBMP 2010h). The lowland dry ecosystem includes Phyllostegia floribunda, Platydesma Montane Wet specialized animals and plants such as remyi, and Pritchardia lanigera, which the Hawaiian owl or pueo (Asio are proposed for listing as endangered The montane wet ecosystem is flammeus sandwichensis) and Santalum species in this rule, occur in this composed of natural communities ellipticum (iliahialoe or coast ecosystem on Hawaii Island (Lorence (grasslands, shrublands, forests, and sandalwood) (Gagne and Cuddihy 1999, and Perlman 2007, pp. 357–361; TNC bogs) found at elevations between 3,300 pp. 45–114; TNC 2006b, pp. 1–2). The 2007–Ecosystem Database of ArcMap and 6,600 ft (1,000 and 2,000 m), in plant Bidens micrantha ssp. Shapefiles, unpublished; HBMP 2010c; areas where annual precipitation is ctenophylla, which is proposed for HBMP 2010e; HBMP 2010f; HBMP greater than 75 in (191 cm) (TNC 2006g, listing as an endangered species in this 2010g; HBMP 2010h; HBMP 2010i). pp. 1–2). This system is found on all of rule, occurs in this ecosystem on Hawaii the main Hawaiian Islands except Montane Dry Island (TNC 2007–Ecosystem Database Niihau and Kahoolawe, and only the of ArcMap Shapefiles, unpublished; The montane dry ecosystem includes islands of Molokai, Maui, and Hawaii HBMP 2010b). grasslands, shrublands, and forests at have areas above 4,020 ft (1,225 m) elevations between 3,300 and 6,600 ft (TNC 2006g, pp. 1–2). On Hawaii Island, Lowland Mesic (1,000 and 2,000 m), that receive less the montane wet ecosystem occurs in The lowland mesic ecosystem than 50 in (130 cm) of annual the Kohala Mountains, in the east flank includes a variety of grasslands, precipitation, or are in otherwise dry of Mauna Kea, in the Kau Forest Reserve shrublands, and forests, generally below substrate conditions (TNC 2006e, pp. 1– (FR) on windward Mauna Loa, and on 3,300 ft (1,000 m) elevation, that receive 2). In the Hawaiian Islands, this the upper slopes of leeward Mauna Loa between 50 and 75 in (130 and 190 cm) ecosystem is found on the islands of (TNC 2007–Ecosystem Database of annual rainfall (TNC 2006c, pp. 1–2). In Maui and Hawaii (Gagne and Cuddihy ArcMap Shapefiles, unpublished). the Hawaiian Islands, this ecosystem is 1999, pp. 93–97). On Hawaii Island, this Native biological diversity is moderate found on Oahu, Kauai, Molokai, Lanai, ecosystem is best represented on the to high (TNC 2006g, pp. 1–2). The Maui, and Hawaii, on both windward upper slopes of Hualalai and the Mauna plants Cyanea marksii, C. tritomantha, and leeward sides of the islands. On Kea-Mauna Loa saddle area, and Phyllostegia floribunda, Pittosporum Hawaii Island, this ecosystem is often includes specialized animals and plants hawaiiense, Platydesma remyi, reduced to remnant occurrences, but such as the elepaio (Chasiempis Pritchardia lanigera, Schiedea diffusa can be found in north Kohala, on the sandwichensis) and Isodendrion ssp. macraei, and Stenogyne southwest and southeast flanks of hosakae (aupaka) (Gagne and Cuddihy cranwelliae, and the picture-wing fly Mauna Loa and Kilauea (Gagne and 1999, pp. 45–114; TNC 2006e, pp. 1–2). Drosophila digressa, which are Cuddihy 1999, p. 75; TNC 2006c, pp. 1– The plant Schiedea hawaiiensis, proposed for listing as endangered 2). Native biological diversity is high in proposed for listing as an endangered species in this rule, occur in this this system (TNC 2006c, pp. 1–2). The species in this rule, is found in this ecosystem on Hawaii Island (TNC 2007– plants, Pittosporum hawaiiense and ecosystem on Hawaii Island (U.S. Army Ecosystem Database of ArcMap Pritchardia lanigera, and the picture- Garrison 2006, pp. 1–55). Shapefiles, unpublished; Benitez et al. wing fly Drosophila digressa, which are 2008, p. 58; HBMP 2010c; HBMP 2010d; Montane Mesic proposed for listing as endangered HBMP 2010e; HBMP 2010f; HBMP species in this rule, occur in this The montane mesic ecosystem is 2010h; HBMP 2010i; HBMP 2010j; ecosystem on Hawaii Island (TNC 2007– composed of natural communities HBMP 2010k). Ecosystem Database of ArcMap (forests and shrublands) found at Dry Cliff Shapefiles, unpublished; Benitez et al. elevations between 3,300 and 6,600 ft 2008, p. 58; HBMP 2010c; HBMP (1,000 and 2,000 m), in areas where The dry cliff ecosystem is composed 2010d). annual precipitation is between 50 and of vegetation communities occupying 75 in (130 and 190 cm), or areas in steep slopes (greater than 65 degrees) in Lowland Wet otherwise mesic substrate conditions areas that receive less than 75 in (190 The lowland wet ecosystem is (TNC 2006f, pp. 1–2). This system is cm) of rainfall annually, or that are in generally found below 3,300 ft (1,000 m) found on Kauai, Molokai, Maui, and otherwise dry substrate conditions (TNC elevation on the windward sides of the Hawaii Island (Gagne and Cuddihy 2006h, pp. 1–2). This ecosystem is main Hawaiian Islands, except Niihau 1999, pp. 97–99; TNC 2007–Ecosystem found on all of the main Hawaiian and Kahoolawe (Gagne and Cuddihy Database of ArcMap Shapefiles, Islands except Niihau, and is best 1999, p. 85; TNC 2006d, pp. 1–2). These unpublished). Native biological represented along portions of the eroded areas include a variety of wet diversity is moderate (Gagne and cliffs of east Kohala on Hawaii Island grasslands, shrublands, and forests that Cuddihy 1999, pp. 98–99; TNC 2006f, (TNC 2006h, pp. 1–2). A variety of

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shrublands occur within this ecosystem hillebrandiana ssp. hillebrandiana lava tube in the Kona unit of the (TNC 2006h, pp. 1–2). Native biological totaling 40 or fewer individuals along Hakalau National Wildlife Refuge diversity is low to moderate (TNC the windward Kohala coast, in the (NWR) (PEPP 2007, p. 61), one 2006h, pp. 1–2). The plant Bidens coastal and dry cliff ecosystems. There individual in a pit crater in the South hillebrandiana ssp. hillebrandiana, are 30 individuals on the Pololu Kona FR, and 25 individuals on private which is proposed for listing as an seacliffs, and 5 to 10 individuals on the land in south Kona (PEPP 2007, p. 61; endangered species in this rule, occurs seacliffs between Pololu and Honokane Bio 2011, pers. comm.). Fruit has been in this ecosystem on Hawaii Island Nui (Perlman 1998, in litt.; Perlman collected from the individuals on (TNC 2007–Ecosystem Database of 2006, in litt.). Biologists speculate that private land, and 11 plants have been ArcMap Shapefiles, unpublished; this species may total as many as 100 successfully propagated at the Volcano HBMP 2010a). individuals with further surveys of Rare Plant Facility (VRPF) (PEPP 2007, potential habitat along the Kohala coast p. 61; Bio 2011, pers. comm.). Wet Cliff (Mitchell et al. 2005b; PEPP 2006, p. 3). Cyanea tritomantha (aku), a palmlike The wet cliff ecosystem is generally Bidens micrantha ssp. ctenophylla shrub in the bellflower family composed of shrublands on near- (kookoolau), a perennial herb in the (Campanulaceae), is known only from vertical slopes (greater than 65 degrees) sunflower family (Asteraceae), occurs the island of Hawaii (Pratt and Abbott in areas that receive more than 75 in only on the island of Hawaii (Ganders 1997, p. 13; Lammers 2004, p. 89). (190 cm) of annual precipitation, or that and Nagata 1999, pp. 271, 273). Historically, this species was known are in otherwise wet substrate Historically, B. micrantha ssp. from the windward slopes of Mauna conditions (TNC 2006i, pp. 1–2). This ctenophylla was known from the north Kea, Mauna Loa, Kilauea, and the system is found on the islands of Kauai, Kona district, in the lowland dry Kohala Mountains, in the lowland wet, Oahu, Molokai, Lanai, Maui, and ecosystem (HBMP 2010b). Currently, montane wet, and wet cliff ecosystems Hawaii. On the island of Hawaii, this this subspecies is restricted to an area of (Pratt and Abbott 1997, p. 13). system is found in windward Kohala less than 10 sq mi (26 sq km) on the Currently, there are 16 occurrences of valleys and on the southeastern slope of leeward slopes of Hualalai volcano, in Cyanea tritomantha totaling fewer than Mauna Loa (TNC 2006i, pp. 1–2). Native the lowland dry ecosystem in 6 400 individuals in the lowland wet, biological diversity is low to moderate occurrences totaling fewer than 1,000 montane wet, and wet cliff ecosystems: (TNC 2006i, pp. 1–2). The plants individuals. The largest occurrence is 10 occurrences (totaling fewer than 240 Cyanea tritomantha, Pritchardia found off Hina Lani Road with over 475 individuals) in the Kohala Mountains lanigera, and Stenogyne cranwelliae, individuals widely dispersed (Perlman 1993, in litt.; Perlman 1995a, which are proposed for listing as throughout the area (Zimpfer 2011, in in litt.; Perlman and Wood 1996, pp. 1– endangered species in this rule, are litt.). The occurrence at Kealakehe was 14; HBMP 2010f; PEPP 2010, p. 60); 2 found in this ecosystem on Hawaii reported to have been abundant and occurrences (totaling fewer than 75 Island (TNC 2007–Ecosystem Database common in 1992, but by 2010 had individuals) in the Laupahoehoe of ArcMap Shapefiles, unpublished; declined to low numbers (Whister 2007, Natural Area Reserve (NAR) (HBMP HBMP 2010d; HBMP 2010f; HBMP pp. 1–18; Bio 2008, in litt.; HBMP 2010f; Bio 2011, pers. comm.); 1 2010k). 2010b; Whister 2008, pp. 1–11). In occurrence (20 adults and 30 juveniles) addition, there are three individuals in at Puu Makaala NAR (Perlman and Bio Description of the 15 Species Proposed Kaloko–Honokohau National Historical 2008, in litt.; Agorastos 2010, in litt.; for Listing Park (NHP) (Beavers 2010, in litt.), and HBMP 2010f; Bio 2011, pers. comm.); 1 Below is a brief description of each of three occurrences are found within occurrence (a few scattered individuals) the 15 species proposed for listing, close proximity to each other to the off Tom’s Trail in the Upper Waiakea FR presented in alphabetical order by northeast: five individuals in an (Perlman and Bio 2008, in litt.); and 2 . Plants are presented first, exclosure at Puuwaawaa Wildlife occurrences (totaling 11 individuals) in followed by animals. Sanctuary (HBMP 2010b); a few Olaa Tract in HVNP (Pratt 2007a, in litt.; scattered individuals at Kaupulehu; and Pratt 2008a, in litt). In 2003, over 75 Plants a few individuals on private land at individuals were outplanted in HVNP’s In order to avoid confusion regarding Palani Ranch (Whistler 2007, pp. 1–18; Olaa Tract and Small Tract; however, by the number of locations of each species Whistler 2008, pp. 1–11). Bidens 2010, less than one third of these (a location does not necessarily micrantha ssp. ctenophylla has also individuals remained (Pratt 2011a, in represent a viable population), we use been outplanted within fenced litt.). In addition, a few individuals have the word ‘‘occurrence’’ instead of exclosures at Kaloko–Honokohau NHP been outplanted at Puu Makaala NAR ‘‘population.’’ Each occurrence is (49 individuals), Koaia Tree Sanctuary and Upper Waiakea FR (Hawaii composed only of wild (i.e., not (1 individual), and Puuwaawaa (5 Department of Land and Natural propagated and outplanted) individuals. individuals) (Boston 2008, in litt.; Resources (HDLNR) 2006; Belfield 2007, Bidens hillebrandiana ssp. HBMP 2010b). in litt.; Agorastos 2010, in litt.). Cyanea hillebrandiana (kookoolau), a perennial Cyanea marksii (haha), a shrub in the tritomantha produces few seeds, and herb in the sunflower family bellflower family (Campanulaceae), is their viability tends to be low (Moriyasu (Asteraceae), occurs only on the island found only on the island of Hawaii. 2009, in litt.) of Hawaii (Ganders and Nagata 1999, Historically, C. marksii was known from Cyrtandra nanawaleensis (haiwale), a pp. 275–276). Historically, B. the Kona district, in the lowland wet shrub or small tree in the African violet hillebrandiana ssp. hillebrandiana was and montane wet ecosystems (Lammers family (), is known only known from two locations along the 1999, p. 457; HBMP 2010e). Currently, from the island of Hawaii (Wagner and windward Kohala coastline, in the there are 27 individuals distributed Herbst 2003, p. 29; Wagner et al. coastal and dry cliff ecosystems, often among 3 occurrences in south Kona, in 2005a—Flora of the Hawaiian Islands along rocks just above the ocean the lowland wet and montane wet database). Historically, C. (Degener and Wiebke 1926, in litt.; ecosystems (PEPP 2007, p. 61). There is nanawaleensis was known only from Flynn. 1988, in litt.). Currently, there an adult and 20 to 30 juveniles (each the Nanawale FR and the adjacent are two known occurrences of B. approximately 1 in (2.54 cm tall)) in a Malama Ki FR in the Puna district, in

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the lowland wet ecosystem (St. John Laupahoehoe NAR, Waiakea FR, and lowland mesic, montane mesic, and 1987, p. 500; Wagner et al. 1988, in litt.; Upper Waiakea FR; and southward into montane wet ecosystems (Wagner et HBMP 2010g; Pratt 2011b, in litt.). Hilo, HVNP, and Puna. One report al.1999c, p. 1,044). Currently, there are Currently, C. nanawaleensis is known exists of the species occurring from 14 known occurrences totaling fewer from 4 occurrences with approximately north Kona and a few occurrences in than 75 individuals, from HVNP to Puu 140 individuals in the lowland wet south Kona (Cuddihy et al. 1982, in litt.; O Umi NAR, and south Kona, in the ecosystem: 2 occurrences in Malama Ki Wagner et al. 2005b—Flora of the lowland mesic, montane mesic, and FR totaling 70 individuals (Lau 2011, Hawaiian Islands database; Perlman et montane wet ecosystems: 1 occurrence pers. comm.); 1 occurrence in al. 2008, in litt.; HBMP 2010h; Bishop in Puu O Umi NAR (several scattered Keauohana FR (with 56 individuals) Museum 2011—Herbarium Database). individuals) (Perlman 1995b, in litt.); 1 (Magnacca 2011a, in litt.); and 1 Currently, there are 12 known occurrence (with a least one individual) occurrence in the Halepuaa section of occurrences of P. floribunda totaling in TNC’s Kona Hema PR (Oppenheimer Nanawale FR (with 13 individuals) fewer than 100 individuals, in the et al. 1998, in litt.); 1 occurrence (with (Johansen 2012, in litt.; Kobsa 2012, in lowland wet, montane mesic, and several individuals) at Kukuiopae litt.). Conversion of areas within the montane wet ecosystems (Bruegmann (Perlman and Perry 2002, in litt.); 1 Halepuaa section of Nanawale FR to 1998, in litt.; Giffin 2009, in litt.; HBMP occurrence (with a few individuals) in papaya production over the past 25 2010h): 2 occurrences within HVNP, at the Manuka NAR (Perry 2011, in litt.); years is thought to have contributed to Kamoamoa (1 individual) (HBMP 8 occurrences (totaling fewer than 58 the decline of the species in this area 2010h) and near Napau Crater (4 individuals) scattered within the (Pratt 2011b, in litt.; Kobsa 2012, in litt.; individuals) (Pratt 2005, in litt.; Pratt Kahuku unit of HVNP; 1 occurrence in Pratt 2012, in litt.). Biologists report that 2007b, in litt.; HBMP 2010h); 1 the Olaa FR (at least one individual), C. nanawaleensis is in decline occurrence behind the Volcano solid just adjacent to the Olaa Tract in HVNP; throughout its already limited range waste transfer station (10 to 50 and 1 occurrence (with fewer than 6 (Bio 2011, pers. comm.; Kobsa 2012, in individuals) (Flynn 1984, in litt.; individuals) at the Volcano solid waste litt.). Perlman and Wood 1993–Hawaii Plant transfer station (Wood and Perlman Cyrtandra wagneri (haiwale), a shrub Conservation Maps database; Pratt 1991, in litt.; McDaniel 2011a, in litt.; or small tree in the African violet family 2007b, in litt.; HBMP 2010h); 1 McDaniel 2011b, in litt.; Pratt 2011d, in (Gesneriaceae), occurs only on the occurrence (with an unknown number litt.). Biologists have observed very low island of Hawaii (Lorence and Perlman individuals) in the Wao Kele O Puna regeneration in these occurrences, 2007, p. 357). Historically, C. wagneri NAR (HBMP 2010h); at least 1 which is believed to be caused, in part, was known from a few individuals occurrence each (with a few individuals by rat predation on the seeds (Bio 2011, along the steep banks of the each) in the Puu Makaala NAR, Waiakea pers. comm.). Kaiwilahilahi Stream in the FR, Upper Waiakea FR, and TNC’s Kona Laupahoehoe NAR, in the lowland wet Platydesma remyi (NCN), a shrub or Hema Preserve (PR) (Perry 2006, in litt.; shrubby tree in the rue family ecosystem (Perlman et al. 1998, in litt.). Perlman 2007, in litt.; Giffin 2009, in In 2002, there were 2 known (Rutaceae), occurs only on the island of litt.; PEPP 2008, pp. 106–107; Perlman Hawaii (Stone et al. 1999, p. 1210; occurrences totaling fewer than 175 et al. 2008, in litt.; Pratt 2008a, in litt.; individuals in the Laupahoehoe NAR: USFWS 2010, pp. 4-66–4-67, A–11, A– Pratt 2008b, in litt.; Agorastos 2010, in 74). Historically, P. remyi was known one occurrence (totaling 150 individuals litt.); 2 occurrences (each with an (50 adults and 100 juveniles)) along the from a few scattered individuals on the unknown number of individuals) from steep banks of the Kilau Stream windward slopes of the Kohala the South Kona FR; 1 occurrence (one (Lorence et al. 2002, in litt.; Perlman Mountains and several small individual) in the Kipahoehoe NAR; and Perry 2003, in litt.; Lorence and populations on the windward slopes of and, 1 occurrence (with an unknown Perlman 2007, p. 359), and a second Mauna Kea, in the lowland wet and number of individuals) in the occurrence (with approximately 10 montane wet ecosystems (Stone et al. Lapauhoehoe NAR (Moriyasu 2009, in sterile individuals) along the slopes of 1999, p. 1210; HBMP 2010i). Currently, litt.; HBMP 2010h; Agorastos 2010, in the Kaiwilahilahi stream banks (Lorence P. remyi is known from 8 occurrences litt.). Since 2003, over 400 individuals and Perlman 2007, p. 359). Currently, totaling fewer than 40 individuals, all of have been outplanted at HVNP, Waiakea there are no individuals remaining at which are found in the Laupahoehoe Kaiwilahilahi Stream, and the FR, Puu Makaala NAR, Honomalino in NAR or in closely surrounding areas, in individuals at Kilau Stream appear to be TNC’s Kona Hema PR, and Kipahoehoe the lowland wet and montane wet hybridizing with the endangered NAR (Bruegmann 2006, in litt.; HDLNR ecosystems: along the banks of Cyrtandra tintinnabula. Biologists have 2006, p. 38; Tangalin 2006, in litt.; Kaiwilahilahi Stream in the identified only eight individuals at Belfield 2007, in litt.; Pratt 2007b, in Laupahoehoe NAR (unknown number of Kilau Stream that express the true litt.; VRPF 2008, in litt.; VRPF 2010, in individuals) (Perlman and Perry 2001, phenotype of Cyrtandra wagneri, and litt.; Bio 2008, in litt.; Agorastos 2010, in litt.; Bio 2008, in litt.; HBMP 2010i); only three of these individuals are in litt.). However, for reasons unknown, near the Spencer Hunter Trail in the reproducing successfully (PEPP 2010, p. approximately 90 percent of the Laupahoehoe NAR (fewer than 17 102; Bio 2011, pers. comm.). outplantings experience high seedling individuals) (PEPP 2010, p. 102); the Phyllostegia floribunda (NCN), a mortality (Pratt 2007b, in litt.; Van central part of the Laupahoehoe NAR (5 perennial herb in the mint family DeMark et al. 2010, pp. 24–43). to 6 scattered individuals) (HBMP (Lamiaceae), is found only on the island Pittosporum hawaiiense (hoawa, 2010i); near Kilau (1 to 3 individuals) of Hawaii (Wagner 1999, p. 268; Wagner haawa), a small tree in the pittosporum and Pahale (1 to 3 individuals) Streams et al. 1999b, p. 815). Historically, P. family (Pittosporaceae), is known only in Laupahoehoe NAR; southeastern floribunda was reported in the lowland from the island of Hawaii (Wagner et al. region of Laupahoehoe NAR (1 wet, montane mesic, and montane wet 1999c, p. 1,044). Historically, P. individual); Hakalau unit of the Hakalau ecosystems at scattered sites along the hawaiiense was known from the NWR (1 individual) (USFWS 2010, p. 4- slopes of the Kohala Mountains; leeward side of the island, from the 74–4-75); and the Humuula region of the southeast through Hamakua, Kohala Mountains south to Kau, in the Hilo FR (2 individuals) (Bruegmann

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1998, in litt.; Bio 2008, in litt.; PEPP collection by Hillebrand (1888, p. 33) endemic Hawaiian species are highly 2008, p. 107; HBMP 2010i). According from the Waimea region, in the montane host-plant-specific (Magnacca et al. to field biologists, this species appears dry ecosystem (Wagner et al. 2005d, pp. 2008, p. 1). Drosophila digressa relies to be declining with no regeneration 92–96). Currently, S. hawaiiensis is solely on the decaying stems of believed to be caused, in part, by rat known from 25 to 40 individuals on the Charpentiera spp. for oviposition (to predation on the seeds (Bio 2011, pers. U.S. Army’s Pohakuloa Training Area deposit or lay eggs) and larval substrate comm.). In 2009, 29 individuals of P. (PTA) in the montane dry ecosystem, in (Magnacca et al. 2008, pp. 11, 13). The remyi were outplanted in Laupahoehoe the saddle area between Moana Loa and larvae complete development in the NAR (Bio 2008, in litt.). Their current Mauna Kea (Gon III and Tierney 1996 in decaying tissue before dropping to the status is unknown. Wagner et al. 2005d, p. 92; Wagner et al. soil to pupate (Montgomery 1975, pp. Pritchardia lanigera (loulu), a 2005d, p. 92; Evans 2011, in litt.). In 65–103; Spieth 1986, p. 105). Pupae medium-sized tree in the palm family addition, there are over 150 individuals develop into adults in approximately 1 (), is found only on the island outplanted at PTA (Kipuka Alala and month, and adults sexually mature 1 of Hawaii (Read and Hodel 1999, p. Kalawamauna), Puu Huluhulu, Puu month later. Adults live for 1 to 2 1,371; Hodel 2007, pp. 10, 24–25). Waawaa, and Kipuka Oweowe (Evans months. The adult flies are generalist Historically, P. lanigera was known 2011, in litt.). microbivores (microbe eating) and feed from the Kohala Mountains, Hamakua Stenogyne cranwelliae (NCN), a vine upon a variety of decomposing plant district, windward slopes of Mauna Kea, in the mint family (Lamiaceae), is material. Drosophila digressa occurs in and southern slopes of Mauna Loa, in known only from the island of Hawaii. elevations ranging from approximately the lowland mesic, lowland wet, Historically, S. cranwelliae was known 2,000 to 4,500 ft (610 to 1,370 m), in the montane wet, and wet cliff ecosystems from the Kohala Mountains, in the lowland mesic, montane mesic, and (Read and Hodel 1999, p. 1,371; HBMP montane wet and wet cliff ecosystems montane wet ecosystems (Magnacca 2010c). Currently, P. lanigera is known (Weller and Sakai 1999, p. 837). 2011a, pers. comm.). Historically, from 2 occurrences totaling fewer than Currently, there are 6 occurrences of S. Drosophila digressa was known from 220 individuals scattered along the cranwelliae totaling fewer than 160 five sites: Moanuiahea pit crater on windward side of the Kohala individuals in the Kohala Mountains, in Hualalai, Manuka FR, Kipuka 9 and Mountains, in the lowland mesic, the montane wet and wet cliff Bird Park in HVNP, and Olaa FR lowland wet, montane wet, and wet cliff ecosystems: roughly 1.5 sq mi (2.5 sq (Montgomery 1975, p. 98; Magnacca ecosystems. Approximately 100 to 200 km) around the border between the Puu 2006, pers. comm.; HBMP 2010d; individuals are scattered over 1 sq mi (3 O Umi NAR and Kohala FR, near Magnacca 2011b, in litt.). Currently, D. sq km) in Waimanu Valley and streams and bogs (ranging from 3 to 100 digressa is known from only two surrounding areas (Wood 1995, in litt.; scattered individuals) (Perlman and locations, one population in the Manuka Perlman and Wood 1996, p. 6; Wood Wood 1996, pp. 1–14; HBMP 2010k); NAR within the Manuka FR, in the 1998, in litt.; Perlman et al. 2004, in litt.; Opaeloa, in the Puu O Umi NAR (3 lowland mesic and montane mesic HBMP 2010c). There are at least five individuals) (Perlman and Wood 1996, ecosystems, and a second population in individuals in the back rim of Alakahi pp. 1–14; HBMP 2010k); Puukapu, in the Olaa FR in the montane wet Gulch in Waipio Valley (HBMP 2010c). the Puu O Umi NAR (6-by 6-ft (2-by 2- ecosystem (Magnacca 2011b, in litt.). According to field biologists, pollination m) ‘‘patch’’ of individuals) (HBMP The current number of individuals at rates appear to be low for this species, 2010k); the rim of Kawainui Gulch (1 each of these locations is unknown and the absence of seedlings and individual) (Perlman and Wood 1996, (Magnacca 2011b, in litt.). juveniles at known locations suggests pp. 1–14; HBMP 2010k); along that regeneration is not occurring Kohakohau Stream, in the Puu O Umi Vetericaris chaceorum (anchialine believed to be caused, in part, by beetle NAR (a few individuals) (Perlman and pool shrimp) is a member of the family and rat predation on the fruits and seeds Wood 1996, pp. 1–14; HBMP 2010k); Procarididae and is considered one of (Bio 2011, pers. comm.). and Waimanu Bog Unit in the Puu O the most primitive shrimp species in the Schiedea diffusa ssp. macraei (NCN), Umi NAR (a ‘‘patch’’ of individuals) world (Kensley and Williams 1986, pp. a perennial climbing herb in the pink (Agorastos 2010, in litt.) 428–429). Known only from the island family (Caryophyllaceae), is reported of Hawaii, the species is one of seven only from the island of Hawaii (Wagner Animals known species of hypogeal et al. 2005c—Flowering Plants of the Drosophila digressa (picture-wing (underground) shrimp found in the Hawaiian Islands database; Wagner et fly), a member of the family Hawaiian Islands that occur in al. 2005d, p. 106). Historically, S. Drosophilidae, was described in 1968 by anchialine pools (Brock 2004, p. 6). diffusa ssp. macraei was known from Hardy and Kaneshiro and is found only Anchialine pool habitats can be the Kohala Mountains, the windward on the island of Hawaii (Hardy and distinguished from similar systems (i.e., slopes of Mauna Loa, and the Olaa Tract Kaneshiro 1968, pp. 180–1882; Carson tidal pools) in that they are land-locked of HVNP, in the montane wet ecosystem 1986, p. 3–9). This species is small, with with no surface connections to water (Perlman et al. 2001, in litt.; Wagner et adults ranging in size from 0.15 to 0.19 sources either saline or fresh, but have al. 2005d, p. 106; HBMP 2010j). in (4.0 to 5.0 mm) in length. Adults are subterranean hydrologic connections Currently, there is one individual of S. brownish yellow in color and have where water flows through cracks and diffusa ssp. macraei on the slopes of Eke yellow-colored legs and hyaline (shiny- crevices, and yet remain tidally in the Kohala Mountains, in the clear) wings with prominent brown influenced (Holthuis 1973, p. 3; Stock montane wet ecosystem (Wagner et al. spots. Breeding generally occurs year 1986, p. 91). Anchialine habitats are 2005d, p. 106; Bio 2011, pers. comm.). round, but egg laying and larval ecologically distinct and unique, and Schiedea hawaiiensis (NCN), a development increase following the while widely distributed throughout the perennial herb or subshrub in the pink rainy season as the availability of world, they only occur in the United family (Caryophyllaceae), is known only decaying matter, which picture-wing States in the Hawaiian Islands (Brock from the island of Hawaii (Wagner et al. flies feed on, increases in response to 2004, p. i, 2, and 12). In the Hawaiian 2005d, pp. 92–96). Historically, S. heavy rains. In contrast to most Islands, there are estimated to be 600 to hawaiiensis was known from a single continental Drosophilidae, many 700 anchialine pools, with the majority

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occurring on the island of Hawaii (Brock lava tube located on the southernmost or shrubs (Maciolek and Brock 1974, p. 2004, p. i). point of Hawaii Island in an area known 50). According to Maciolek and Brock’s Relatively large in size for a hypogeal as Ka Lae (South Point) (Kensley and (1974, pp. 17, 50) report, hypogeal shrimp species, adult Vetericaris Williams 1986, pp. 417–418; Brock shrimp species found at Lua O chaceorum measure approximately 2.0 2004, p. 2; HBMP 2010). Age estimates Palahemo at that time included Procaris in (5.0 cm) in total body length, for Lua O Palahemo range from as young hawaiiana (then, only the second excluding the primary antennae, which as 11,780 years to a maximum of age of known location), Calliasmata pholidota, are approximately the same length as 25,000 years based upon radio carbon Antecaridina lauensis, and the adult’s body length (Kensley and data (Kensley and Williams 1986, pp. Halocaridina rubra. Maciolek and Brock Williams 1986, 417–418). Brock (2004, p. 18) states this (1974, pp. 50) reported that Lua O p. 419). The species lacks large lava tube is the second most important Palahemo was inhabited by the greatest chelapeds (claws) (Kensley and anchialine pool habitat in the State concentration of H. rubra ever observed Williams 1986, p. 426), which are a key because of its unique connection to the up to that time period (1972–1973), and diagnostic characteristic of all other ocean, the vertical size (i.e., depth), and indeed, Holthius (1973, p. 22) reported known shrimp species. Vetericaris the presence of a total of five different that the density of H. rubra swimming chaceorum is largely devoid of pigment species including Halocaridina in a swarm near the pool surface was and lacks eyes, although eyestalks are palahemo, Halocaridina rubra, Procaris sufficiently high enough to cause the present (Kensley and Williams 1986, p. hawaiiana, Calliasmata pholidota, and water to appear blood red in color. 419). Vetericaris chaceorum. Although neither scientific article Observations of V. chaceorum Lua O Palahemo itself is actually a written about this survey explicitly indicate the species is a strong swimmer naturally occurring opening (surface describes water clarity at Lua O and propels its body forward in an collapse) into a large lava tube below. Palahemo, both imply that the water upright manner with its appendages The opening measures approximately 33 was clear enough to see the various held in a basket formation below the ft (10 m) in diameter and is directly shrimp species from distances of several body. Forward movement is produced exposed to sunlight. Unlike most meters within the pool and the area by a rhythmic movement of the thoracic anchialine pools in the Hawaiian directly below the pool. and abdominal appendages, and during Islands, which have depths less than 4.9 In May of 1985, a second, more capture of some specimens, V. ft (1.5 m) (Brock 2004, p. 3), Lua O thorough survey of Lua O Palahemo was chaceorum escape tactics included only Palahemo’s deep pool includes a deep conducted by local biologists, a world- forward movement and a notable lack of shaft with vertical sides extending renowned cave diver, and hypogeal tail flicking, which would allow downward about 46 ft (14 m) into the shrimp specialists (Kensley and backward movement and which is lava tube below, which then splits off Williams 1986, pp. 417–426; Bozanic common to other shrimp species into two directions, both ending in 2004, p. 1–2). Because this survey (Kensley and Williams 1986, p. 426). No blockages (Holthuis 1974, p.11; Kensley included SCUBA methods, the full response was observed when the species and Williams 1986, p. 418). The tube extent of the submerged system was was exposed to light (Kensley and runs generally north and south, explored, and physical characteristics, Williams 1986, p. 418). extending northward for 282 ft (86 m) dimensions, and water measurements The feeding habits of V. chaceorum and southward for 718 ft (219 m) to a were completed for the pool as well as are unknown, although Kensley and depth of 108 ft (33 m) below sea level the water column directly below and the Williams (1986, p. 426) reported that the (Kensley and Williams 1986, p. 418). main lava tube. Pool surface gut contents of a captured specimen We have information pertaining to measurements revealed a temperature of included large quantities of an orange- three distinct survey efforts at Lua O 75.2 degrees Fahrenheit (24 degrees colored oil and fragments of other Palahemo. The first survey occurred in Centigrade), salinity of 20 ppt, and crustaceans (including Procaris 1972–1973 (Holthius 1973, pp. 10–12; dissolved oxygen of 6.0 parts per hawaiana, a co-occurring anchialine 22; Maciolek and Brock 1974, pp. 1–2; million (ppm) (Kensley and Williams pool shrimp), indicating that the species 17; 50); a second survey in May 1985 1986, p. 418). At a depth of 108 ft (33 may be carnivorous upon its associated (Kensley and Williams 1986, pp. 417– m) (or 590 ft (180 m) from the pool anchialine pool shrimp species. In 426; Bozanic 2004, p. 1); and a third surface) in the southward or seaward general, hypogeal shrimp occur within survey in July 2010 (Wada 2012, pers. portion of the submerged lava tube both the illuminated part of their comm.). Descriptions of each survey where Vetericaris chaceorum was anchialine pool habitat as well as within follow and are considered relevant discovered and observed, measurements the cracks and crevices in the water because each survey sheds light on the revealed a salinity of 30 ppt and table below the surface (Brock 2004, decline of habitat available to dissolved oxygen at 0.3 ppm (Kensley p. 6), and relative abundance of some Vetericaris chaceorum. and Williams 1986, p. 418). Hawaii species is directly tied to food Lua O Palahemo was first formally The 1985 survey team completed a abundance (Brock 2004, p. 10). surveyed as anchialine pool habitat total of three dives within the Lua o Furthermore, studies indicate that the sometime between 1972–1973 (Maciolek Palahemo lava tube during their 1985 lighted environment of anchialine pools and Brock 1974, pp. 1–2; 17). During exploration of the site (Kensley and offers refugia of high benthic this survey, which did not include Williams 1986, pp. 417, 426). During productivity, resulting in higher SCUBA methods, the following physical those dives, researchers made five population levels for the shrimp characteristics and measurements of the observations of Vetericaris chaceorum compared to the surrounding interstitial pond were noted: salinity ranged in total darkness at a depth of 108 ft (33 spaces occupied by these species, albeit between 18 to 22 parts per thousand m) and 590 ft (180 m) from the opening, in lower numbers (Brock 2004, p. 10). (ppt); the pool depth was recorded as collecting two specimens. Kensley and Although over 400 anchialine pool deep; the pool bottom was described as Williams (1986, p. 418) noted, however, habitats have been surveyed on the rocky with a large accumulation of that the area surveyed directly beneath island of Hawaii, Vetericaris chaceorum sediment; and surrounding flora was the surface of the pool contained the has to date only been documented from noted as minimal, but included vines highest density of animals (e.g., shrimps Lua O Palahemo, which is a submerged and succulents, grasses, and small and crustaceans). In addition to the

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discovery of V. chaceorum, a second creating a large soil funnel with the pool Regarding the latter species, it is new species was discovered, opening in the center of the funnel important to note that the survey team Halocaridina palahemo, and two known (Wada 2010, in litt., p. 1). The area was did not survey as deeply (108 ft (33 m) species were observed including also described as dry and largely barren below sea level or 590 ft (180 m)) from Procaris hawaiiana and Calliasmata with a few clumps of nonnative grass the pool surface) as was done during pholidota. Calliasmata pholidota was species scattered throughout. The water 1985 survey, in which the species was collected within the water column immediately within the pool area was first and last observed. Accordingly, it is below the pool at a depth of 15 m (49 described as extremely low in clarity uncertain whether surveys conducted ft), and its population was estimated at with visibility estimated at 3 in (8 cm) after the 1985 effort would have less than 100. Both P. hawaiiana, (Wada 2010, in litt., p. 1). detected V. chaceorum, given the numbering in the thousands and H. Snorkeling within the pool revealed different methods that were used. For palahemo, numbering in the tens of that a partial collapse of the pool walls the other species, based on what is thousands of individuals, were collected may have occurred in the past few years known about the species’ behavior, their in the water column near the opening as the team experienced difficulty in presence would have been expected at into the lava tube below the pool surface locating an opening large enough for a the depths and locations where trapping (Kensley and Williams 1986, p. 418). person to explore. Wada (2010, in litt. was conducted; however, these species During their 1985 survey, Kensley and p. 1) hypothesized that the collapse of were notably absent during this survey. Williams (1986 entire) did not observe the lava tube rock walls above the pool In June 2012, Service biologists briefly nonnative fish species within Lua O followed an earthquake of 6.7 revisited Lua O Palahemo to assess Palahemo. magnitude (USGS 2010, in litt.) in current conditions there (Richardson Regarding water clarity and October 2006 on Hawaii Island. Despite 2012, in litt., pp. 1–2). During this visit, observation of sedimentation within Lua the blockages encountered, an we took measurements of the depression O Palahemo during the 1985 survey, underwater video camera was surrounding the opening to the pool. both Kensley and Williams (1986, pp. successfully deployed through a small Roughly oval in shape, the depression 417–418) and Bozanic (2004, p. 1), opening and dropped to a depth of just measured approximately 195 ft (65 m) noted that water clarity was good with over 100 ft (30 m) (Wada 2010, in litt., wide by 210 ft (70 m) long. We noted visibility as great as 66 ft (20 m) during p. 1). The video footage showed a that there is no outlet for runoff from initial entry into the water column and continuous thick cloud of sediment and rain out of the depression other than the lateral lava tube below. However, detritus through the entire depth of the into the anchialine pool itself. A total of during the exit phase of the dive, water column (Wada 2010, in litt., p. 1). 7 distinct off-road vehicle tracks into the visibility diminished to a few After viewing photographs taken in depression surrounding the pool were centimeters as exhalation bubbles from 2005 of the pool and surrounding area counted and photographed. Snorkeling the divers’ expired air tanks disturbed at Lua O Palahemo, anchialine pool within the pool revealed no hypogeal sediment accumulated upon the ceiling expert, Richard Brock (Brock 2012, pers. shrimp species, although a common of the lava tube and clouded the water. comm.), stated that a very obvious marine species, burnsi, At the bottom of the water column increase of sedimentation was occurring was abundant and numbered below the pool and within both at the site and within the pool compared approximately 1,000 individuals. No stretches of the lava tube, all surfaces to conditions at the pool during the nonnative fish were observed; however, were observed to be covered in 1985 survey and other visits in the we noted approximately 10 mature and sediment, which sometimes reached a 1980s. young native Hawaiian gobies. Gobies depth of 3.3 ft (1 m). The survey team Of the five species of hypogeal shrimp (family Gobiidae) are distinguished by described the large mound located at the known from Lua O Palahemo, only their fused pelvic fins that form a disc- bottom of the water column below the Procaris hawaiiana was observed. One shaped sucker. Hawaii has several pool opening as comprised of rock and specimen was captured within the pool indigenous goby species, including the silty sediment reaching at a total height and the underwater video camera species observed at Lua O Palahemo, of approximately 50 ft (15 m) (Kensley captured footage of seven individuals, Bathygobius coalitus (Smith 2012, in and Williams 1986, pp. 417–418; which were tentatively identified as P. litt.). Visibility in the water was Bozanic 2004, p. 1). Foreign objects hawaiiana, based upon their bright estimated at approximately 4 ft (1.2 m), discovered and removed from the orange coloration (Wada 2010, in litt., p. and no trash or debris was seen in the mound included bicycles, barbed wire, 1). The survey team used standard and pool other than a large amount of grass random trash, and assorted cables and accepted methods while attempting to seeds floating on the surface of the lines (presumably fishing line) (Bozanic capture and survey for shrimp species. water. We did not dive deep enough to 2004, p. 1). Specific trap types used included soft ascertain the condition of the pool In July 2010, a team comprised of traps (i.e., traps using netting), bottle bottom, however all submerged rock Service and Hawaii State Division of traps, cylindrical traps, and specially surfaces were covered in a 1-in (2.54- Aquatic Resources (DAR) biologists designed traps devised by State DAR cm) thick layer of algae and mud, and conducted a third survey of Lua O staff. Within the water column below the water smelled strongly of soil, Palahemo. The survey team used the pool opening, trapping measures similar to a smell encountered in wet snorkeling techniques and an were employed at depths of 10 ft (3.04 caves (Richardson 2012, in litt., pp. 1– underwater video camera as well as m), 15 ft (4.57 m), 25 ft (7.62 m), 50 ft 2). Lastly, the sign previously posted numerous trapping devices to take (15.24 m), and 100 ft (30.48 m) (Wada above the opening of the pool, and measurements, survey for shrimp 2010, in litt., p. 1). According to the which included a warning and fine species, and record data within the same report, no nonnative fish were against disturbance of the site, was underwater site (Wada 2010, in litt., pp. observed. Hypogeal shrimp species gone. 1–2). As noted during a brief 2005 U.S. known from Lua O Palahemo and Our best understanding of hypogeal Fish and Wildlife Service visit to the notably absent during the survey shrimp population dynamics in Hawaii site, the team described the immediate included Calliasmata pholidota, and elsewhere is based upon studies of area surrounding the depression above Antecaridina lauensis, Halocaridina the comparatively common species, the pool opening as greatly eroded, rubra, and Vetericaris chaceorum. Halocaridina rubra. Studies and

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anecdotal observations of that species Palahemo. The other four hypogeal look beyond the exposure of the species and others indicate shrimp density may shrimp species formerly known from to a particular factor to evaluate whether be very low in the water table (i.e., the site are either entirely absent or the species may respond to that factor greater than 1 individual per 3,500 present in very low numbers, and at in a way that causes actual impacts to cubic ft (approximately 100 cubic m)), least three of those species are the species. If there is exposure to a compared to the anchialine pool areas, considered likely food sources for V. factor and the species responds where abundance may reach many chaceorum. It is our opinion that these negatively, the factor may be a threat hundreds per square meter of bottom shrimp species have experienced drastic and, during the status review, we (Brock and Bailey-Brock 1998, p. 65; population decline due to degradation attempt to determine how significant a Brock 2004, p. 10). of the water quality at Lua O Palahemo. threat it is. The threat is significant if it Because of the ability of hypogeal This degradation is a result of excessive drives, or contributes to, the risk of shrimp species to inhabit the interstitial siltation and sedimentation of the extinction of the species such that the and crevicular spaces in the water table anchialine pool system at Lua O species warrants listing as endangered bedrock surrounding anchialine pools, Palahemo, combined with the or threatened as those terms are defined it is very difficult to estimate population diminished ability of the system to size of a given species within a given flush, which Brock (2004, pp. 11, 35–36) in the Act. However, the identification area (Brock 2004, pp. 10–11). Therefore, described as necessary for a functioning of factors that could impact a species based upon these considerations and the anchialine pool system. negatively may not be sufficient to fact that a total of five individuals have warrant listing the species under the been observed on three occasions during Summary of Factors Affecting the 15 Act. The information must include one survey in 1985, we are unable to Species Proposed for Listing evidence sufficient to show that these estimate the population size of Section 4 of the Act (16 U.S.C. 1533) factors are operative threats that act on Vetericaris chaceorum. Furthermore, and its implementing regulations (50 the species to the point that the species the methods used and depths explored CFR part 424) set forth the procedures meets the definition of endangered or between the three surveys (in 1973, for adding species to the Federal Lists threatened under the Act. 1985, and 2010) of Lua O Palahemo of Endangered and Threatened Wildlife If we determine that the level of threat were not sufficiently comparable for us and Plants. A species may be posed to a species by one or more of the determined to be an endangered or to determine that there has been a five listing factors is such that the threatened species due to one or more decline in V. chaceorum abundance. species meets the definition of either Brock (2004, p. 7) estimated that there of the five factors described in section endangered or threatened under section are likely no more than a couple of 4(a)(1) of the Act: (A) The present or 3 of the Act, that species may then be dozen individuals of this species threatened destruction, modification, or remaining in this pool; however, he curtailment of its habitat or range; (B) proposed for listing. The Act defines an provided no basis for this statement. overutilization for commercial, endangered species as ‘‘in danger of Therefore, it is our opinion that recreational, scientific, or educational extinction throughout all or a significant Vetericaris chaceorum is extant, albeit purposes; (C) disease or predation; (D) portion of its range,’’ and a threatened in low numbers, and that additional the inadequacy of existing regulatory species as ‘‘likely to become an surveys using SCUBA methods and mechanisms; and (E) other natural or endangered species within the conducted at the same depths explored manmade factors affecting its continued foreseeable future throughout all or a in 1985 are warranted. Despite the lack existence. Listing actions may be significant portion of its range.’’ The of information regarding V. chaceorum warranted based on any of the above threats to each of the individual 15 biology and population demographics, threat factors, singly or in combination. species proposed for listing in this the Service believes information from Each of these factors is discussed below. document are summarized in Table 3, the three surveys presents compelling In considering what factors might and discussed in detail below. evidence of habitat decline at Lua O constitute threats to a species; we must BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Stone 1990, pp. 63, 65) facilitates the Factor A. The Present or Threatened Assumptions conversion of disturbed areas from Destruction, Modification, or native to nonnative vegetative Curtailment of Its Habitat or Range We acknowledge that the specific communities. nature of the threats to the individual The Hawaiian Islands are located over species being proposed for listing are (3) Disturbance of soils by feral pigs 2,000 mi (3,200 km) from the nearest not completely understood. Scientific from rooting can create fertile seedbeds continent. This isolation has allowed research directed toward each of the for alien plants (Cuddihy and Stone the few plants and animals that arrived species proposed for listing is limited 1990, p. 65), some of them spread by in the Hawaiian Islands to evolve into because of their rarity and the ingestion and excretion by pigs. many highly varied and endemic challenging logistics associated with (4) Increased nutrient availability as a species (species that occur nowhere else conducting field work in Hawaii (e.g., result of pigs rooting in nitrogen-poor in the world). The only native terrestrial areas are typically remote, difficult to soils, which facilitates establishment of mammals in the Hawaiian Islands are access and work in, and expensive to alien weeds. Introduced vertebrates are two bat taxa, the extant Hawaiian hoary survey in a comprehensive manner). known to enhance the germination of bat (Lasiurus cinereus semotus) and an However, there is information available alien plants through seed scarification extinct, unnamed insectivorous bat on many of the threats that act on in digestive tracts or through rooting (Ziegler 2002, p. 245). The native plants Hawaiian ecosystems, and, for some and fertilization with feces of potential of the Hawaiian Islands, therefore, ecosystems, these threats are well seedbeds (Stone 1985, p, 253). In evolved in the absence of mammalian studied and understood. Each of the addition, alien weeds are more adapted predators, browsers, or grazers. As a native species that occur in Hawaiian to nutrient-rich soils than native plants result, many of the native species have ecosystems suffers from exposure to (Cuddihy and Stone 1990, p. 65), and lost unneeded defenses against threats those threats to differing degrees. For rooting activity creates open areas in such as mammalian predation and the purposes of our listing forests allowing alien species to competition with aggressive, weedy determination, our assumption is that completely replace native stands. plant species that are typical of the threats that act at the ecosystem (5) Rodent damage to plant continental environments (Loope 1992, level also act on each of the species that propagules, seedlings, or native trees, p. 11; Gagne and Cuddihy 1999, p. 45; occur in those ecosystems, although in which changes forest composition and Wagner et al. 1999d, pp. 3–6). For some cases we have additionally structure (Cuddihy and Stone 1990, p. example, Carlquist (in Carlquist and identified species-specific threats, such 67). Cole 1974, p. 29) notes that ‘‘Hawaiian as predation by nonnative invertebrates. (6) Feeding or defoliation of native plants are notably free from many Similarly, for the purposes of our plants from alien , which can characteristics thought to be deterrents critical habitat determinations, our reduce geographic ranges of some to herbivores (toxins, oils, resins, assumption is that the physical or species because of damage (Cuddihy stinging hairs, coarse texture).’’ biological features that support an and Stone 1990, p. 71). Native Hawaiian plants are therefore highly vulnerable to the impacts of adequately functioning ecosystem (7) Alien insect predation on native introduced mammals and alien plants. represent the physical or biological insects, which affects pollination of In addition, species restricted and features required by the species that native plant species (Cuddihy and Stone adapted to highly specialized locations occur in those ecosystems (see Critical 1990, p. 71). Habitat section, below). The species (e.g., Bidens hillebrandiana ssp. discussed in this proposed rule are the (8) Significant changes in nutrient hillebrandiana) are particularly components of the native ecosystems cycling processes because of large vulnerable to changes (e.g., nonnative that have shown declines in number of numbers of alien invertebrates such as species, hurricanes, fire, and climate individuals, number of occurrences, or earthworms, ants, slugs, isopods, change) in their habitat (Carlquist and changes in species abundance and millipedes, and snails, resulting in Cole 1974, pp. 28–29; Loope 1992, pp. species composition that can be changes to the composition and 3–6; Stone 1992, pp. 88–102). reasonably attributed to the threats structure of plant communities (Cuddihy and Stone 1990, p. 73). Habitat Destruction and Modification by discussed below. Agriculture and Urban Development The following constitutes a list of Each of the above threats is discussed ecosystem-scale threats that affect the in more detail below, and summarized The consequences of past land use species proposed for listing in 10 of the in Table 3. The most-often cited effects practices, such as agricultural or urban described ecosystems on Hawaii Island: of nonnative plants on native plant development, have resulted in little or (1) Foraging and trampling of native species are competition and no native vegetation below 2,000 ft (600 plants by feral pigs (Sus scrofa), goats displacement. Competition may be for m) throughout the Hawaiian Islands (Capra hircus), cattle (Bos taurus), sheep water, light, or nutrients, or it may (TNC 2007—Ecosystem Database of (Ovis aries), or mouflon sheep (Ovis involve allelopathy (chemical inhibition ArcMap Shapefiles, unpublished), gmelini musimon), which can result in of other plants). Alien plants may largely impacting the coastal, lowland severe erosion of watersheds because displace native species of plants by dry, lowland mesic, and lowland wet these mammals inhabit terrain that is preventing their reproduction, usually ecosystems. Although agriculture has often steep and remote (Cuddihy and by shading and taking up available sites been declining in importance, large Stone 1990, p. 63). Foraging and for seedling establishment. Alien plant tracts of former agricultural lands are trampling events destabilize soils that invasions may also alter entire being converted into residential areas or support native plant communities, bury ecosystems by forming monotypic left fallow (TNC 2007—Ecosystem or damage native plants, and have stands, changing fire characteristics of Database of ArcMap Shapefiles, adverse water quality effects due to native communities, altering soil-water unpublished). In addition, Hawaii’s runoff over exposed soils. regimes, changing nutrient cycling, or population has increased almost 7 (2) Ungulate destruction of seeds and encouraging other nonnative organisms percent in the past 10 years, further seedlings of native plant species via (Smith 1989, pp. 61–69; Vitousek et al. increasing demands on limited land and foraging and trampling (Cuddihy and 1987, pp. 224–227). water resources in the islands (Hawaii

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Department of Business, Economic habitat due to nonnative ungulates pig could disturb over 1,600 sq yd Development and Tourism (HDBEDT) (hoofed mammals), including pigs, (1,340 sq m) (or approximately 0.3 ac, or 2010). goats, cattle, sheep, and mouflon, is 0.12 ha) of groundcover per week Development and urbanization of the currently a threat to the ten ecosystems (Anderson et al. 2007, p. 2). lowland dry ecosystem on Hawaii (lowland dry, lowland mesic, lowland Pigs may also reduce or eliminate Island is a threat to one species wet, montane dry, montane mesic, plant regeneration by damaging or proposed for listing in this rule, Bidens montane wet, coastal, anchialine pool, eating seeds and seedlings (further micrantha ssp. ctenophylla, which is dry cliff, and wet cliff) on Hawaii Island discussion of predation by nonnative dependent on this ecosystem. Bidens and their associated species. Habitat ungulates is provided under Factor C. micrantha ssp. ctenophylla is currently degradation or destruction by ungulates Disease or Predation, below). Pigs are a found in an area less than 10 sq mi (26 is also a threat to all 13 plant species major vector for the establishment and sq km) on the leeward slopes of Hualalai (Bidens hillebrandiana ssp. spread of competing invasive, nonnative volcano in the lowland dry ecosystem. hillebrandiana, B. micrantha ssp. plant species by dispersing plant seeds The leeward slopes of Hualalai volcano ctenophylla, Cyanea marksii, C. on their hooves and fur, and in their encompass the increasingly urbanized tritomantha, Cyrtandra nanawaleensis, feces (Diong 1982, pp. 169–170), which region of north Kona, where there is C. wagneri, Phyllostegia floribunda, also serves to fertilize disturbed soil very little undisturbed habitat (Pratt and Pittosporum hawaiiense, Platydesma (Matson 1990, p. 245; Siemann et al. Abbott 1997, p. 25). Approximately 25 remyi, Pritchardia lanigera, Schiedea 2009, p. 547). Pigs feed on the fruits of percent (119 individuals of 475) of the diffusa ssp. macraei, S. hawaiiensis, and many nonnative plants, such as largest of the 6 occurrences of this Stenogyne cranwelliae), the picture- Passiflora tarminiana (banana poka) and species is in the right-of-way of the wing fly Drosophila digressa, and the Psidium cattleianum (strawberry guava), proposed Ane Keohokalole Highway anchialine pool shrimp Vetericaris spreading the seeds of these invasive Project (USFWS 2010, in litt.) and chaceorum, which are proposed for species through their feces as they travel Kaloko Makai Development, although listing in this rule (Table 3). in search of food. Pigs also feed on 154 ac (62 ha) will be set aside as a The destruction or degradation of native plants, such as Hawaiian tree lowland dry forest preserve (Kaloko habitat due to pigs is currently a threat ferns that they root up to eat the core of Makai Dryland Forest Preserve) (see to nine of the Hawaii Island ecosystems the trunk (Baker 1975, p. 79). In Kaloko Makai Development, below) to (coastal, lowland dry, lowland mesic, addition, rooting pigs contribute to compensate for the loss of these lowland wet, montane dry, montane erosion by clearing vegetation and individuals as a result of highway mesic, montane wet, dry cliff, and wet creating large areas of disturbed soil, construction and prior to the Kaloko cliff) and their associated species. Feral especially on slopes (Smith 1985, pp. Makai Development. In addition, pigs are known to cause deleterious 190, 192, 196, 200, 204, 230–231; Stone individuals of Bidens micrantha ssp. impacts to ecosystem processes and 1985, pp. 254–255, 262–264; Medeiros ctenophylla occur in areas where the functions throughout their worldwide et al. 1986, pp. 27–28; Scott et al. 1986, development of the Villages of Laiopua distribution (Campbell and Long 2009, pp. 360–361; Tomich 1986, pp. 120– Development at Kealakehe (see p. 2319). In Hawaii, pigs have been 126; Cuddihy and Stone 1990, pp. 64– Department of Hawaiian Home Lands described as the most pervasive and 65; Aplet et al. 1991, p. 56; Loope et al. (DHHL), below) and of the Keahuolu disruptive nonnative influence on the 1991, pp. 1–21; Gagne and Cuddihy affordable housing project (Whistler unique native forests of the Hawaiian 1999, p. 52; Nogueira-Filho et al. 2009, 2007, pp. 1–18; DHHL 2009, p. 15) is a Islands, and are widely recognized as pp. 3,677–3,682; Dunkell et al. 2011, pp. threat to the species. one of the greatest current threats to 175–177). Erosion impacts native plant forest ecosystems (Aplet et al. 1991, p. communities by watershed degradation Habitat Destruction and Modification by 56; Anderson and Stone 1993, p. 195). and alteration of plant nutrient status, as Introduced Ungulates European pigs, introduced to Hawaii by well as damage to individual plants Introduced mammals have greatly Captain in 1778, hybridized from landslides (Vitousek et al. 2009, impacted the native vegetation, as well with domesticated Polynesian pigs, pp. 3074–3086; Chan-Halbrendt et al. as the native fauna, of the Hawaiian became feral, and invaded forested 2010, p. 252). Islands. Impacts to the native species areas, especially wet and mesic forests Pigs have been cited as one of the and ecosystems of Hawaii accelerated and dry areas at high elevations. The greatest threats to the public and private following the arrival of Captain James Hawaii Territorial Board of Agriculture lands within the Olaa Kilauea Cook in 1778. The Cook expedition and and Forestry started a feral pig Partnership (an area of land that subsequent explorers intentionally eradication project in the early 1900s includes approximately 32,000 ac introduced a European race of pigs or that continued through 1958, removing (12,950 ha) in the upper sections of the boars and other livestock, such as goats, 170,000 pigs from forests Statewide Olaa and Waiakea forests above Volcano to serve as food sources for seagoing (Diong 1982, p. 63). Feral pigs are village) that comprise the lowland explorers (Tomich 1986, p. 120–121; currently present on Niihau, Kauai, mesic, lowland wet, montane mesic, Loope 1998, p. 752). The mild climate Oahu, Molokai, Maui, and Hawaii. and montane wet ecosystems that of the islands, combined with the lack These feral animals are extremely support individuals of three of the plant of competitors or predators, led to the destructive and have both direct and species proposed for listing (Cyanea successful establishment of large indirect impacts on native plant tritomantha, Phyllostegia floribunda, populations of these introduced communities. While rooting in the earth and Pittosporum hawaiiense) (Olaa mammals, to the detriment of native in search of invertebrates and plant Kilauea Partnership Area Feral Animal Hawaiian species and ecosystems. The material, pigs directly impact native Monitoring Report 2005, pp. 1–4; presence of introduced alien mammals plants by disturbing and destroying Perlman 2007, in litt.; Pratt 2007a, in is considered one of the primary factors vegetative cover, and trampling plants litt.; Pratt 2007b, in litt.; Benitez et al. underlying the alteration and and seedlings. It has been estimated that 2008, p. 58; HBMP 2010f; HBMP 2010h; degradation of native plant communities at a conservative rooting rate of 2 sq PEPP 2010, p. 60, TNC 2012, in litt.). and habitats on the island of Hawaii. yards (yd) (1.7 sq m) per minute, with Impacts from feral pigs are also a threat The destruction or degradation of only 4 hours of foraging a day, a single to the coastal, lowland mesic, lowland

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wet, montane wet, dry cliff, and wet oviposition and larvae substrate Area, found that goats prefer native- cliff ecosystems in the northern Kohala (Magnacca et al. 2008, pp. 1, 32). Foote dominated shrublands in the montane Mountains and adjacent coastline. and Carson (1995, p. 369) have dry ecosystem during the day and These ecosystems support occurrences experimentally demonstrated the above barren lava at night. Pohakuloa Training of seven of the plant species proposed detrimental effects of feral pigs on Area supports one of the few montane for listing (Bidens hillebrandiana ssp. Drosophila spp. in wet forest habitat on dry forest ecosystems on Hawaii Island hillebrandiana, Cyanea tritomantha, the island of Hawaii. In addition, that supports native plants in the Cyrtandra wagneri, Platydesma remyi, Montgomery (2005, in litt.; 2007, in litt.) montane dry ecosystem, including the Pritchardia lanigera, Schiedea diffusa and Foote (2005, pers. comm.) have only occurrence of the plant Schiedea ssp. macraei, and Stenogyne observed feral pig damage to host plants hawaiiensis (U.S. Army Garrison 2006, cranwelliae) (Wood 1995, in litt.; Wood (e.g., Charpentiera sp., Cheirodendron pp. 27, 34; Evans 2011, in litt.). In 1998, in litt.; Perlman et al. 2001, in litt.; sp., Pleomele sp., Tetraplasandra sp., addition, one of the two occurrences of Wagner et al. 2005d, pp. 31–33; Kohala Urera kaalae) of Hawaiian picture-wing the proposed plant species Pritchardia Mountain Watershed Partnership flies on the island of Hawaii (Foote lanigera is known from an unfenced (KMWP) 2007, pp. 54–56; Lorence and 2005, pers. comm.) and throughout the area of the Kohala Mountains, where Perlman 2007, pp. 357–361; HBMP main Hawaiian Islands (Montgomery herds of wild goats and other ungulates 2010a; HBMP 2010c; HBMP 2010f; 2005, in litt.; 2007, in litt.). Magnacca occur (Maly and Maly 2004 in KMWP HBMP 2010i; HBMP 2010j; HBMP (2012, pers. comm.) has observed the 2007, p. 55; KMWP 2007, pp. 54–55; 2010k; PEPP 2010, pp. 63, 101, 106; Bio lack of regeneration of picture-wing fly Warshauer et al. 2009, pp. 10, 24; Laws 2011, pers. comm.). In addition, feral host plants due to destruction of et al. 2010, in litt.; Ikagawa 2011, in pigs are a threat to the lowland wet and seedlings caused by pig rooting and litt.). Maly and Maly (2004 in KMWP montane wet ecosystems in south Kona herbivory. 2007, p. 55) report that ‘‘herds of wild The destruction or degradation of and the Puna district that support the goats roam throughout this region, habitat due to goats is currently a threat plants Cyanea marksii and Cyrtandra trampling, grubbing, and rending, to all 10 of the described ecosystems on nanawaleensis (Bio 2011, pers. comm.; grinding the bark of old trees and eat the Hawaii Island (anchialine pool, coastal, Magnacca 2011b, pers. comm.; Maui young ones * * * which will destroy lowland dry, lowland mesic, lowland Forest Bird Recovery Project 2011, in the beauty and alter the climate of the wet, montane dry, montane mesic, litt.). Feral pigs have also been reported mountainous region of Hawaii.’’ There montane wet, dry cliff, and wet cliff) in the lowland dry ecosystem that are direct observations that goats are supports the plants Bidens micrantha and their associated species. Goats, native to the Middle East and India, also altering the coastal ecosystem along ssp. ctenophylla (Bio 2011, pers. comm.) the Kohala Mountains, the location of and the montane dry ecosystem that were also successfully introduced to the Hawaiian Islands in the late 1700s. the only known wild individuals of the supports habitat for the only known plant Bidens hillebrandiana ssp. occurrence of the plant Schiedea Actions to control feral goat populations began in the 1920s (Tomich 1986, pp. hillebrandiana (Warshauer et al. 2009, hawaiiensis (Mitchell et al. 2005c; U.S. p. 24; Bio 2011, pers. comm.). Goats are Army Garrison 2006, pp. 27, 34, 95–97, 152–153); however, goats still occupy a wide variety of habitats on Hawaii also found in North Kona and have been 100–107, 112.). Although we do not observed browsing in the lowland dry have direct evidence of feral pigs Island, where they consume native vegetation, trample roots and seedlings, ecosystem that supports the plant B. threatening the particular species on accelerate erosion, and promote the micrantha ssp. ctenophylla (Bio 2011, Hawaii Island that are proposed for invasion of alien plants (van Riper and pers. comm.; Knoche 2011, in litt.). listing in this proposed rule, those van Riper 1982, pp. 34–35; Stone 1985, Fresh seedlings from native plants threats have been documented on other p. 261; Kessler 2011, pers. comm.). attract goats to the dry and rough lava islands where pigs have been Goats are able to access, and forage in, (Bio 2011, pers. comm.). Further, the introduced (Mitchell et al. 2005c; U.S. extremely rugged terrain, and they have host plant (Charpentiera spp.) of the Army Garrison 2006, pp. 27, 34, 95–97, a high reproductive capacity (Clarke and proposed picture-wing fly appears to be 100–107, 112). We believe it is Cuddihy 1980, pp. C–19, C–20; Culliney decreasing throughout its range due to reasonable to infer that feral pig threats 1988, p. 336; Cuddihy and Stone 1990, impacts from browsing goats (Foote and to these species that have been observed p. 64). Because of these factors, goats are Carson 1995, p. 369; Science Panel on other Hawaiian islands would act in believed to have completely eliminated 2005, pp. 1–23; Magnacca et al. 2008, p. a similar manner on Hawaii Island, some plant species from islands 32). Feral goat browsing alters the where those species interact. (Atkinson and Atkinson 2000, p. 21). picture-wing fly’s essential Many of the most important host Goats can be highly destructive to microclimate by opening up the canopy plants of Hawaiian picture-wing flies native vegetation, and contribute to leading to increased desiccation of soil (Charpentiera, Pleomele, Reynoldsia, erosion by eating young trees and young and host plants, which disrupts the host Tetraplasandra, Urera, and the shoots of plants before they can become plant life cycle and decay processes, lobelioids (e.g., Cyanea spp.)) are also established, creating trails that damage resulting in the disruption of the among the most susceptible to damage native vegetative cover, promoting picture-wing fly life cycle, particularly from feral ungulates, such as pigs (Foote erosion by destabilizing substrate and oviposition and larvae substrate and Carson 1995, p. 370; Kaneshiro and creating gullies that convey water, and (Magnacca et al. 2008, pp. 1, 32). Based Kaneshiro 1995, pp. 8, 39; Magnacca et dislodging stones from ledges that can on observations of goats and their scat al. 2008, p. 32). Feral pig browsing alters cause rockfalls and landslides and (Magnacca 2012, pers. comm.) within the essential microclimate in picture- damage vegetation below (Cuddihy and the Ka Lae region where the Lua O wing fly habitat by opening up the Stone 1990, pp. 63–64). A recent study Palahemo anchialine pool is located, the canopy, leading to increased desiccation by Chynoweth et al. (2011, in litt.), Service believes that goats contribute to of soil and host plants, which disrupts which deployed GPS (global positioning the degradation of the anchialine pool the host plant life cycle and decay system) satellite collars on 12 feral goats habitat and, thus, are a threat to processes, resulting in disruption of the to track movement patterns every 2 Vetericaris chaceorum. Feral goats picture-wing fly life cycle, particularly hours for 1 year in Pohakuloa Training trample and forage on both native and

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nonnative plants around and near the Schiedea diffusa ssp. macraei, are inhabited dry forests in remote regions pool opening at Lua O Palahemo, and reported (PEPP 2010, pp. 59–60; Bio of Mauna Kea and Mauna Loa, increase erosion around the pool and 2011, pers. comm.). According to a 2010 including the saddle between the two sediment entering the pool. Service report (USFWS 2010, pp. 3–15, volcanoes. Feral sheep browse and The destruction or degradation of 4–86), a herd of 200 to 300 feral cattle trample native vegetation and have habitat due to cattle is currently a threat roams the Kona unit of the Hakalau decimated large areas of native forest to five of the described ecosystems Forest NWR (USFWS 2010, p. 3–15, 4– and shrubland on Hawaii Island (anchialine pool, lowland mesic, 86). Field biologists have observed (Tomich 1986, pp. 156–163; Cuddihy lowland wet, montane mesic, and cattle-induced habitat degradation at all and Stone 1990, p. 65–66). Browsing montane wet) on Hawaii Island and elevations in this refuge unit, including erodes top soil, which alters moisture their associated species. Cattle, the wild within the montane wet ecosystem that regimes and micro-environments and progenitors of which were native to supports individuals of Cyanea marksii results in the loss of native plant and Europe, northern Africa, and (PEPP 2007, p. 61; USFWS 2010, pp. 1– animal taxa (Tomich 1986, pp. 156–163; southwestern Asia, were introduced to 15, 2–13, 4–10, 4–58–4–59, 4–82, 4–86; Cuddihy and Stone 1990, p. 65–66). In the Hawaiian Islands in 1793. Large Bio 2011, pers. comm.; Krauss 2012, addition, nonnative opportunistic plant feral herds (as many as 12,000 on the pers. comm.). In addition, the host plant seeds get dispersed to disturbed forest island of Hawaii) developed as a result (Charpentiera spp.) of the proposed sites by adhering to sheep wool coats of restrictions on killing cattle decreed picture-wing fly species (Drosophila (Hawaii Division of Forestry and by King (Cuddihy and digressa) appears to be decreasing Wildlife (HDOFAW) 2002, p. 3). Stone 1990, p. 40). While small cattle throughout its range due to impacts In 1962, game hunters intentionally ranches were developed on Kauai, from cattle browsing in the lowland crossbred feral sheep with mouflon Oahu, Molokai, west Maui, and mesic and montane mesic ecosystems sheep and released them on Mauna Kea Kahoolawe, very large ranches of tens of (Science Panel 2005, pp. 1–23; (Tomich 1986, pp. 156–163). In Palila v. thousands of acres (thousands of Magnacca 2011b, in litt.). Feral cattle Hawaii Department of Land and Natural hectares) were created on east Maui and browsing alters the picture-wing fly’s Resources (471 F. Supp. 985 (Haw. Hawaii Island (Stone 1985, pp. 256, 260; essential microclimate by opening up 1979)), the Federal court ordered Broadbent 2010, in litt.). Logging of the canopy, leading to increased complete removal of feral sheep from native Acacia koa was combined with desiccation of soil and host plants, Mauna Kea in 1979, because they were establishment of cattle ranches, quickly which disrupts the host plant life cycle harming the endangered palila converting native forest to grassland and decay processes, resulting in the (Loxioides bailleui) by degrading and (Tomich 1986, p. 140; Cuddihy and disruption of the picture-wing fly life destroying palila habitat in the montane Stone 1990, p. 47). Feral cattle can cycle, particularly oviposition and dry ecosystem. Throughout the past 30 presently be found on the islands of larvae substrate (Magnacca et al. 2008, years, attempts to protect the vegetation Maui and Hawaii, where ranching is pp. 1, 32). According to Palikapu of Mauna Kea and the saddle from still a major commercial activity. Dedman with the Pele Defense Fund, sheep have only been sporadically Feral cattle eat native vegetation, observations of feral cattle in the Ka Lae effective (Scowcroft and Conrad 1992, p. trample roots and seedlings, cause region where the Lua O Palahemo 628). Currently, a large feral population erosion, create disturbed areas into anchialine pool is located contribute to surrounds Mauna Kea and extends into which alien plants invade, and spread the saddle and northern part of Mauna the degradation of the anchialine pool seeds of alien plants in their feces and Loa, including the State forest reserves habitat. We therefore conclude that feral on their bodies. The forest in areas where they trample and browse cattle are a threat to Vetericaris grazed by cattle degrades to grassland endangered plants (Hess 2008, p. 1). At chaceorum (Richardson 2012, in litt., pasture, and plant cover is reduced for the U.S. Army’s Pohakuloa Training pp. 1–2). Feral cattle trample and forage many years following removal of cattle Area, located in the saddle area of the on both native and nonnative plants from an area. In addition, several alien island, biologists have reported that around and near the pool opening at grasses and legumes purposely feral sheep are a threat to the last Lua O Palahemo, and increase erosion introduced for cattle forage have become occurrence of the plant species around the pool and sediment entering noxious weeds (Tomich 1986, pp. 140– Schiedea hawaiiensis, which occurs in 150; Cuddihy and Stone 1990, p. 29). the pool. the montane dry ecosystem (Mitchell et The wet forests of the Kohala The destruction or degradation of al. 2005a; U.S. Army Garrison 2006, pp. Mountains are reported to have a feral habitat due to feral sheep is currently a 27, 34). cattle population of at least 100 threat to the montane dry ecosystem on Five of the described ecosystems individuals that are causing forest Hawaii Island and its associated species. (lowland mesic, lowland wet, montane degradation by trampling and browsing, Sheep were introduced to Hawaii Island dry, montane mesic, and montane wet) which leads to subsequent increased in 1791, when Captain Vancouver on Hawaii Island, and their associated nitrogen availability through deposition brought five rams and two ewes from species are currently threatened by the of feces (Stone 1985, p. 253), all of California (Tomich 1986, pp. 156–163). destruction or degradation of habitat which contribute to the influx of Soon after, stock was brought from due to mouflon sheep. The mouflon nonnative plant and animal species Australia, Germany, and the sheep (mouflon), native to Asia Minor, (KMWP 2007, pp. 54–55; Laws 2010, in Mediterranean for sheep production was introduced to the islands of Lanai litt.). Feral cattle are reported from (Tomich 1986, pp. 156–163; Cuddihy and Hawaii in the 1950s, as a managed remote regions on Hawaii Island, and Stone 1990, p. 65–66). Feral sheep game species, and has become widely including the back of both Pololu and became established on leeward Mauna established on these islands (Tomich Waipio Valleys (KMWP 2007, p. 55). Kea by 1876 (Cuddihy and Stone 1990, 1986, pp. 163–168; Cuddihy and Stone Feral cattle are a threat to the lowland p. 65–66), and by the early 1930s, 1990, p. 66; Hess 2008, p. 1). In 1968, wet and montane wet ecosystems in the reached close to 40,000 individuals mouflon were introduced to Kahuku Kohala Mountains where individuals of (Scowcroft and Conrad 1992, p. 627). Ranch (now a unit of HVNP) on Mauna Cyanea tritomantha and Pritchardia Acquiring the majority of their water Loa for trophy hunting. By 2008, lanigera, and the last wild individual of needs by consuming vegetation, sheep mouflon ranged over the southern part

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of Mauna Loa in the Kahuku area on HDLNR–HDOFAW has developed a damage native vegetative cover, adjacent public and private lands (Hess response-and-removal plan, including a promoting erosion by destabilizing 2008, p. 1). According to Ikagawa (2011, partnership now underway between substrate and creating gullies that in litt.), mouflon are found on the slopes HDLNR, Hawaii Department of convey water, and by dislodging stones of both Mauna Loa and Mauna Kea. Agriculture (HDOA), the Big Island from ledges that can cause rockfalls and Ikagawa (2011, in litt.) also notes that Invasive Species Committee (BIISC), landslides and damage vegetation below mouflon and mouflon-sheep hybrids are Federal natural resource management (Cuddihy and Stone 1990, pp. 63–64). found from sea level to over 3,280 ft agencies, ranchers, farmers, private The unauthorized introduction of axis (1,000 m) elevation. Mouflon have high landowners, and concerned citizens (Big deer on Hawaii Island is a concern due reproduction rates; for example, the Island-Big Island.com, June 6, 2011). to the devastating impacts of habitat original population of 11 individuals on The partnership is working with animal destruction by axis deer in nine the island of Hawaii has increased to trackers and game cameras to survey ecosystems (coastal, lowland dry, more than 2,500 in 36 years, even locations where axis deer have been lowland mesic, lowland wet, montane though mouflon are hunted as a game observed in an effort to eradicate them dry, montane mesic, montane wet, dry animal (Hess 2008, p. 3). Mouflon only on the island (Big Island-Big Island.com, cliff, and wet cliff) on the islands of gather in herds when breeding, thus June 6, 2011; Osher 2012, in litt.). There Kahoolawe, Lanai, and Maui (Mehrhoff limiting control techniques and hunting is a high level of concern by the 1993, p. 11; Anderson 2002, poster; efficiency (Hess 2008, p. 3; Ikagawa partnership due to the negative impacts Swedberg and Walker 1978, cited in 2011, in litt.). Mouflon are both grazers of axis deer on agriculture and native Anderson 2003, pp. 124–125 Perlman and browsers, and have decimated vast ecosystems on neighboring islands (e.g., 2009, in litt., pp. 4–5; Hess 2008, p. 3; areas of native forest and shrubland Maui) (Aila 2011, in litt.; Schipper 2011, Hess 2010, pers. comm.; Kessler 2010, through browsing and bark stripping in litt.; Aila 2012b, in litt.). In response pers. comm.; Medeiros 2010, pers. (Stone 1985, p. 271; Cuddihy and Stone to the presence of axis deer on Hawaii comm.). As reported on the islands of 1990, pp. 63, 66; Hess 2008, p. 3). Island, the Hawaii Invasive Species Kahoolawe, Lanai, and Maui, the spread Mouflon also create trails and pathways Council drafted House Bill 2593 (Draft of axis deer into nine of the described through thick vegetation, leading to 2), to amend House Revised Statutes ecosystems (coastal, lowland dry, increased runoff and erosion through (Haw. Rev. Stat.) 91, which allowed lowland mesic, lowland wet, montane soil compaction. In some areas, the agencies to adopt emergency rules in dry, montane mesic, montane wet, dry interaction of browsing and soil instances of imminent peril to the cliff, and wet cliff) on Hawaii Island is compaction has led to a change from public health, safety, or morals, or to expected to lead to similar habitat native rainforest to grassy scrublands livestock and poultry health (Aila degradation and destruction if the deer (Hess 2008, p. 3). Field biologists have 2012a, in litt.). House Bill 2593 (Draft 2) are not controlled. The results from the observed habitat degradation in five of addresses the gap in the current studies above, in addition to the the described ecosystems (lowland emergency rules authority, expanding confirmed sightings of axis deer on mesic, lowland wet, montane dry, the ability of State agencies to adopt Hawaii Island, suggest that axis deer can montane mesic, and montane wet) that emergency rules to address situations significantly alter these ecosystems and support four plants proposed for listing that impose imminent threats to natural directly damage or destroy native (Cyanea marksii, Pittosporum resources (Aila 2012a, in litt.; Martin plants. Although habitat degradation hawaiiense, Pritchardia lanigera, and 2012, in litt.) (see Factor D. The due to axis deer has not yet been Schiedea hawaiiensis) (Bio 2011, pers. Inadequacy of Existing Regulatory observed on Hawaii Island, we believe comm.; Ikagawa 2011, in litt.; Pratt Mechanisms, below). Emergency rules it is reasonable to assume similar habitat 2011d, in litt.), and the picture-wing fly are valid for 120 days after they are effects on this island. Based on the (Drosophila digressa) (Magnacca 2011b, registered and approved, and after 6 prevailing evidence of the documented pers. comm.). Many of the current and months a permanent rule can be enacted impacts to native ecosystems and proposed fenced exclosures on Hawaii (Cravalho 2012, pers. comm). On June individual plants on the other islands, Island are only 4 ft (1.3 m) in height, as 21, 2012, House Bill 2593 was enacted we determine that the expanding they are designed to exclude feral pigs, into law as Act 149 (‘‘Relating to population of axis deer on the Island of goats, and sheep. However, a fence Emergency Rules for Threats to Natural Hawaii, while not currently resulting in height of at least 6 ft (2 m) is required Resources or the Health of the population-level effects to native plants, to exclude mouflon sheep, as they can Environment’’). is expected to do so in the future if the easily jump a 4-ft (1.3-m) fence (Ikagawa Axis deer are primarily grazers, but deer are not managed or controlled. As 2011, in litt.). The increased range of also browse numerous palatable plant a result, we currently do not believe that mouflon, as well as the lack of species, including those grown as the existing population of axis deer on adequately protected habitat, increase commercial crops (Waring 1996, in litt., Hawaii Island is a threat; however, we the threat of mouflon sheep to p. 3; Simpson 2001, in litt.). They prefer expect that as the population of axis additional ecosystems on Hawaii Island. the lower, more openly vegetated areas deer expands, axis deer will become a Axis deer (Axis axis) were first for browsing and grazing; however, significant threat to the native plants introduced to Molokai in 1868, Lanai in during episodes of drought (e.g., from and ecosystems on Hawaii Island in the 1920, and Maui in 1959 (Hobdy 1993, p. 1998–2001 on Maui (Medeiros 2010, future. 207; Erdman 1996, pers. comm. cited in pers. comm.)), axis deer move into In summary, all of the 15 species Waring 1996, in litt., p. 2; Hess 2008, p. urban and forested areas in search of proposed for listing and that are 2). Recently (2010–2011), unauthorized food (Waring 1996, in litt., p. 5; dependent upon the 10 ecosystems introduction of axis deer to the island of Nishibayashi 2001, in litt.). Like goats, (anchialine pool, coastal, lowland dry, Hawaii as a game animal has occurred axis deer can be highly destructive to lowland mesic, lowland wet, montane (Kessler 2011, in litt.; Aila 2012a, in native vegetation and contribute to dry, montane mesic, montane wet, dry litt.). They have been observed in the erosion by eating young trees and young cliff, and wet cliff) identified in this regions of Kohala, Kau, Kona, and shoots of plants before they can become proposed rule are exposed to the Mauna Kea (HDLNR 2011, in litt.). The established, creating trails that can ongoing threat of feral ungulates (pigs,

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goats, cattle, sheep, and mouflon sheep). including the Polynesians, for food or 2011, pers. comm.). These nonnative Additionally, if not adequately managed cultural reasons. Plantation owners (and plant species pose serious and ongoing or controlled, impacts from axis deer the territorial government of Hawaii), threats to the species B. hillebrandiana may also become a significant threat to alarmed at the reduction of water ssp. hillebrandiana, which depends on these ecosystems in the future. These resources for their crops caused by the this ecosystem (see Specific Nonnative negative impacts result in the destruction of native forest cover by Plant Species Impacts below). destruction and degradation of habitat grazing feral and domestic animals, for the native species on Hawaii Island. introduced nonnative trees for Nonnative Plants in the Lowland Dry The effects of these nonnative animals reforestation. Ranchers intentionally Ecosystem include the destruction of vegetative introduced pasture grasses and other cover; trampling of plants and seedlings; nonnative plants for agriculture, and Nonnative plant species that threaten direct consumption of native vegetation; sometimes inadvertently introduced Bidens micrantha ssp. ctenophylla, the soil disturbance and sedimentation; weeds as well. Other plants were only plant species proposed for listing dispersal of alien plant seeds on hooves brought to Hawaii for their potential in this rule that inhabits the lowland and coats, and through the spread of horticultural value (Scott et al. 1986, pp. dry ecosystem on Hawaii Island include seeds in feces; alteration of soil nitrogen 361–363; Cuddihy and Stone 1990, p. the understory and subcanopy species availability; and creation of open, 73). Lantana camara, Leucana leucocephala disturbed areas conducive to further Nonnative plants impact native (koa haole), Pluchea carolinensis, and P. invasion by nonnative pest plant habitat in Hawaii, including 9 of the indica (HBMP 2010b). Nonnative species. All of these impacts lead to the described Hawaii Island ecosystems that canopy species that are a threat to B. subsequent conversion of a plant support 14 of the 15 proposed species micrantha ssp. ctenophylla include community dominated by native species (all except the anchialine pool shrimp), Grevillea spp., Prosopis pallida (kiawe), to one dominated by nonnative species and directly adversely impact the 13 and Schinus terebinthifolius (see Habitat Destruction and proposed plant species, by: (1) (christmasberry) (HBMP 2010b). In Modification by Nonnative Plants Modifying the availability of light addition, B. micrantha ssp. ctenophylla through alterations of the canopy below). In addition, because these is threatened by the nonnative grasses structure; (2) altering soil-water regimes; mammals inhabit terrain that is often Melinis repens (natal redtop) and steep and remote (Cuddihy and Stone (3) modifying nutrient cycling; (4) Pennisetum setaceum (HBMP 2010b). 1990, p. 59), foraging and trampling altering the fire regime affecting native contributes to severe erosion of plant communities (e.g., successive fires See Specific Nonnative Plant Species watersheds and degradation of streams that burn farther and farther into native Impacts below for specific threats each (Dunkell et al. 2011, pp. 175–194). As habitat, destroying native plants and of these nonnative plant species pose to early as 1900, there was increasing removing habitat for native species by the species Bidens micrantha ssp. concern expressed about the integrity of altering microclimatic conditions to ctenophylla, which depends on this island watersheds, due to effects of favor alien species); and (5) ultimately ecosystem. converting native-dominated plant ungulates and other factors, leading to Nonnative Plants in the Lowland Mesic communities to nonnative plant the establishment of a professional Ecosystem forestry program emphasizing soil and communities (Smith 1985, pp. 180–181; water conservation (Nelson 1989, p. 3). Cuddihy and Stone, 1990, p. 74; Nonnative plant species that threaten D’Antonio and Vitousek 1992, p. 73; two plant species (Pittosporum Habitat Destruction and Modification by Vitousek et al. 1997, p. 6). Below, we Nonnative Plants hawaiiense and Pritchardia lanigera) have organized a list of nonnative plants and the picture-wing fly proposed for Native vegetation on all of the main by their ecosystems, followed by a listing in this rule that inhabit the Hawaiian Islands has undergone discussion of the specific negative lowland mesic ecosystem on Hawaii extreme alteration because of past and effects of those nonnative plants on the present land management practices, species proposed for listing here. Island include the understory and including ranching, the deliberate subcanopy species Delairea odorata introduction of nonnative plants and Nonnative Plants in the Coastal (cape ivy), Hedychium gardnerianum animals, and agricultural development Ecosystem (kahili ginger), Lantana camara, and (Cuddihy and Stone 1990, pp. 27, 58). Nonnative plant species that threaten Rubus rosifolius (thimbleberry) The original native flora of Hawaii Bidens hillebrandiana ssp. (HDOFAW 1992, p. 11–22; Benitez et al. (species that were present before hillebrandiana, the only plant species 2008, pp. 24–52; Pacific Islands humans arrived) consisted of about proposed for listing in this rule that Ecosystems at Risk (PIER) 2012a). 1,000 taxa, 89 percent of which were inhabits the coastal ecosystem on Nonnative canopy species that are a endemic (species that occur only in the Hawaii Island, include the understory threat to the three species include Hawaiian Islands). Over 800 plant taxa and subcanopy species Pluchea Omalanthus populifolius (Queensland have been introduced from elsewhere, carolinensis (sourbush), P. indica poplar), Psidium cattleianum, and and nearly 100 of these have become (Indian fleabane), Lantana camara Schinus terebinthifolius (Benitez et al. pests (e.g., injurious plants) in Hawaii (lantana), and Melastoma spp. (Perlman 2008, pp. 24–58). Additional species (Smith 1985, p. 180; Cuddihy and Stone and Wood 2006, in litt.; Bio 2011, pers. that are a threat to the three species are comm.). Nonnative canopy species that 1990, p. 73; Gagne and Cuddihy 1999, the nonnative grasses Ehrharta stipoides p. 45). Of these 100 nonnative pest plant threaten B. hillebrandiana ssp. (meadow rice grass) and Paspalum species, over 35 species have altered the hillebrandiana include Casuarina conjugatum (Hilo grass) (Denslow et al. habitat of 14 of the 15 species proposed equisetifolia (ironwood) (Perlman and for listing (only the proposed anchialine Wood 2006, in litt.). In addition, B. 2006, p. 118). These nonnative plant pool shrimp is not directly impacted by hillebrandiana ssp. hillebrandiana is species pose serious and ongoing threats nonnative plants (see Table 3)). Some of threatened by the nonnative grass to the three species that depend on this the nonnative plants were brought to Pennisetum setaceum (fountain grass) ecosystem (see Specific Nonnative Hawaii by various groups of people, (Perlman and Wood 2006, in litt.; Bio Species Impacts below).

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Nonnative Plants in the Lowland Wet fireweed) (Herbst et al. 2004, p. 4; Le tarminiana, Polygonum punctatum, Ecosystem Roux et al. 2006, pp. 694–702; U.S. Rubus argutus, R. ellipticus, R. Nonnative plant species that are a Army Garrison 2009, p. 5; Bio 2011, rosifolius, Tibouchina herbacea, T. threat to the 7 of the 13 plant species pers. comm.; Evans 2011, pers. comm.; urvilleana, and Ulex europaeus (gorse) (Cyanea marksii, Cyaneatritomantha, HISC 2012; Jepson eFlora 2012–Jepson (Wood 1995, in litt.; Benitez et al. 2008, Cyrtandra nanawaleensis, Cyrtandra Herbarium Database). The nonnative pp. 1–118; Perlman and Bio 2008, in wagneri, Phyllostegia floribunda, grass Pennisetum setaceum also litt.; HBMP 2010c; HBMP 2010d; Platydesma remyi, and Pritchardia threatens Schiedea hawaiiensis (U.S. HBMPe; HBMP 2010f; HBMP 2010h; lanigera) proposed for listing in this rule Army Garrison 2009, p. 5; Bio 2011, HBMPi; HMBP 2010j; HBMP 2010k; that inhabit the lowland wet ecosystem pers. comm.; Evans 2011, pers. comm.). USFWS 2010, pp. 4–74—4–75). These nonnative plant species pose Nonnative canopy species that threaten on Hawaii Island include the understory serious and ongoing threats to the the nine proposed species include and subcanopy species proposed species Schiedea hawaiiensis, Sphaeropteris cooperi and Psidium (Koster’s curse), Erigeron karvinskianus which depends on this ecosystem (see cattleianum (HBMP 2010c; HBMP (daisy fleabane), Hedychium Specific Nonnative Plant Species 2010h; HBMP 2010i). Nonnative grasses gardnerianum, Juncus effusus (Japanese Impacts below). that threaten this ecosystem are mat rush), J. ensifolius (dagger-leaved Andropogon ssp., Axonopus fissifolius rush), J. planifolius (bog rush), Nonnative Plants in the Montane Mesic (carpetgrass), Ehrharta stipoides, Melastoma spp., Passiflora edulis Ecosystem Paspalum conjugatum, and Setaria (passion fruit), P. tarminiana (banana Nonnative plant species that threaten palmifolia (Wood 1995, in litt.; Perlman poka), Polygonum punctatum (water two plant species (Phyllostegia and Bio 2008, in litt.; HBMP 2010c; smartweed), Rubus argutus (prickly floribunda and Pittosporum hawaiiense) HBMP 2010h; HBMP 2010i). These Florida blackberry), R. ellipticus (yellow and the picture-wing fly proposed for nonnative plant species pose serious Himalayan raspberry), R. rosifolius, listing in this rule that inhabit the and ongoing threats to nine proposed Sphaeropteris cooperi (Australian tree montane mesic ecosystem on Hawaii species that depend on this ecosystem fern), Tibouchina herbacea (glorybush), Island include the understory and (see Specific Nonnative Plant Species and T. urvilleana (princess flower) subcanopy species Anemone Impacts below). (Wood 1995, in litt.; Perlman et al. 2001, hupehensis var. japonica (Japanese in litt.; Perlman and Wood 2006, in litt.; anemone), Buddleia asiatica (dog tail), Nonnative Plants in the Dry Cliff Perlman and Perry 2003, in litt.; Lorence Clidemia hirta, Hedychium Ecosystem and Perlman 2007, pp. 357–361; PEPP gardnerianum, Rubus argutus, and Nonnative plant species that threaten 2007, pp. 1–65; PEPP 2008, pp. 87–111; Rubus rosifolius (HDOFAW 1992, p. 17; Bidens hillebrandiana ssp. Perlman and Bio 2008, in litt.; Perlman Benitez et al. 2008, pp. 24–53; PEPP hillebrandiana, the only plant species et al. 2008, in litt.; HBMP 2010c; HBMP 2008, pp. 106–107; Perlman et al. 2008, proposed for listing in this rule that 2010e; HBMP 2010f; HBMP 2010g; in litt.; HBMP 2010h; PIER 2011a). inhabits the dry cliff ecosystem on HBMP 2010h; HBMP 2010i; PEPP 2010, Canopy species that threaten the three Hawaii Island, include the understory pp. 33–121). Nonnative canopy species species include Psidium cattleianum and subcanopy species Lantana camara, that are a threat to the seven species and Schinus terebinthifolius (Benitez et Melastoma spp., and Pluchea include Angiopteris evecta (mule’s foot al. 2008, pp. 29–30; Perlman et al. 2008, carolinensis (Perlman and Wood 2006, fern), Falcataria moluccana (albizia), in litt.). Nonnative grasses that threaten in litt.; Bio 2011, pers. comm.). Miconia calvescens (miconia), Psidium this ecosystem are Andropogon Nonnative canopy species that threaten cattleianum, Schefflera actinophylla virginicus (broomsedge), Ehrharta B. hillebrandiana ssp. hillebrandiana (octopus tree) (Palmer 2003, p. 48; stipoides, Pennisetum setaceum, and include Casuarina equisetifolia and HBMP 2010c; HBMP 2010e; HBMP Setaria palmifolia (HDOFAW 1992, p. Psidium cattleianum (Perlman and 2010f; HBMP 2010g; HBMP 2010h; 17; Benitez et al. 2008, pp. 24–53; PEPP Wood 2006, in litt.; Bio 2011, pers. HBMP 2010i; PEPP 2010, p. 62; Lau 2008, pp. 106–107; HBMP 2010c). These comm.). Nonnative grasses that threaten 2011, in litt.; Magnacca 2011b, pers. nonnative plant species pose serious this ecosystem include Digitaria setigera comm.; Pratt 2011a, in litt.; Price 2011, and ongoing threats to the species that and Pennisetum setaceum (Perlman and in litt.). Nonnative grasses that threaten depend on this ecosystem (see Specific Wood 2006, in litt.; Bio 2011, pers. this ecosystem are Ehrharta stipoides Nonnative Plant Species Impacts comm.). These nonnative plant species and Setaria palmifolia (palmgrass) below). pose serious and ongoing threats to all (Lorence and Perlman 2007, pp. 357– three of the species proposed for listing Nonnative Plants in the Montane Wet 361; PEPP 2007, pp. 1–65; HBMP 2010c; that depend on this ecosystem (see Ecosystem HBMP 2010f; HBMP 2010g). These Specific Nonnative Plant Species nonnative plant species pose serious Nonnative plant species that threaten Impacts below). and ongoing threats to the seven species 8 of the 13 plant species (Cyanea Nonnative Plants in the Wet Cliff that depend on this ecosystem (see marksii, C. tritomantha, Phyllostegia Ecosystem Specific Nonnative Plant Species floribunda, Pittosporum hawaiiense, Impacts below). Platydesma remyi, Pritchardia lanigera, Nonnative plant species that threaten Schiedea diffusa ssp. macraei, and the three plant species (Cyanea Nonnative Plants in the Montane Dry Stenogyne cranwelliae), and the picture- tritomantha, Pritchardia lanigera, and Ecosystem wing fly proposed for listing in this rule Stenogyne cranwelliae) proposed for Nonnative plant species that threaten that inhabit the montane wet ecosystem listing in this rule that inhabit the wet the plant species Schiedea hawaiiensis on Hawaii Island include the understory cliff ecosystem on Hawaii Island in the montane dry ecosystem on and subcanopy species Clidemia hirta, include the understory and subcanopy Hawaii Island include the understory Erigeron karvinskianus, Hedychium species Hedychium coronarium, H. and subcanopy species Heterotheca coronarium (white ginger), H. gardnerianum, Juncus effusus, grandiflora (telegraph weed) and gardnerianum, Juncus spp., Lantana Passiflora tarminiana, Rubus rosifolius, Senecio madagascariensis (Madagascar camara, Passiflora edulis, P. Tibouchina herbacea, and T. urvilleana

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(HBMP 2010c; HBMP 2010f; HBMP preventing their reproduction, usually roadsides and in wet forest in Hawaii. 2010k). The three species in this by shading and taking up available sites The species has wind-distributed seeds, ecosystem are also threatened by the for seedling establishment (Vitousek et and resists grazing because of toxic nonnative grasses Axonopus fissifolius, al. 1987, pp. 224–227). These chemicals that induce vomiting when Ehrharta stipoides, Paspalum competitive advantages allow nonnative ingested. It was designated as a high risk conjugatum, and Setaria palmifolia plants to convert native-dominated invasive species in the Pacific Islands (HBMP 2010c; HBMP 2010f; HBMP plant communities to nonnative plant Ecosystems at Risk (PIER) project. 2010k). These nonnative plant species communities (Cuddihy and Stone 1990, • Angiopteris evecta (mule’s foot pose serious and ongoing threats to the p. 74; Vitousek 1992, pp. 33–35). The fern) is native throughout much of the three species that depend on this following list provides a brief South Pacific, including Australia and ecosystem (see Specific Nonnative Plant description of the nonnative plants that New Guinea, and has established Species Impacts below). pose a threat to 14 of the 15 species (all invasive populations throughout the except the anchialine pool shrimp) Hawaiian Islands (Global Invasive Specific Nonnative Plant Species proposed for listing here. The Hawaii- Species Database (GISD) 2011a). Impacts Pacific Weed Risk Assessment is cited Rhizomes form a massive, almost Nonnative plants pose serious and in many of the brief descriptions of the spherical trunk, 5 in (12 cm) high and ongoing threats to 14 of the 15 species nonnative plants below. This 39 in (100 cm) in diameter, and fronds proposed for listing (all except the assessment was created as a research may grow up to 20 ft (6 m) long and 8 anchialine pool shrimp) in this rule collaboration between the University of to 10 ft (2.5 to 3 m) broad, allowing this throughout their ranges by destroying Hawaii and the U.S. Forest Service for species to form dense stands that and modifying habitat. They can use in Hawaii and other high Pacific displace and shade out native plants adversely impact microhabitat by islands (i.e., volcanic in origin, as (GISD 2011a). modifying the availability of light and opposed to low-lying atolls) and is an • Axonopus fissifolius (carpetgrass) is nutrient cycling processes, and by adaptation of the Australian-New a pasture grass that forms dense mats altering soil-water regimes. They can Zealand Weed Risk Assessment protocol with tall foliage. This species does well also alter fire regimes affecting native developed in the 1990s (Denslow and in soils with low nitrogen levels, and plant habitat, leading to incursions of Daehler 2004, p. 1). The Australian-New can outcompete other grasses in wet fire-tolerant nonnative plant species Zealand protocol was developed to forests and bogs. In addition, A. into native habitat. Alteration of fire screen plants proposed for introduction fissifolius outcompetes native plants for regimes clearly represents an ecosystem- into those countries, while the Hawaii- moisture, an impact accentuated by level change caused by the invasion of Pacific Weed Risk Assessment was drought (Olaa Kilauea Partnership 2007, nonnative grasses (D’Antonio and developed to evaluate species already p. 3). This species is not subject to any Vitousek 1992, p. 73). The grass life used in landscaping, gardening, and major diseases or insect pests, and form supports standing dead material forestry, and is used to predict whether recovers quickly from fire. The seeds are that burns readily, and grass tissues or not a nonnative plant species is likely readily spread by water, vehicles, and have large surface-to-volume ratios and to become invasive. Not all nonnative grazing animals (O’Connor 1999, pp. can dry out quickly (D’Antonio and plant species present in Hawaii have 1,500–1,502; Cook et al. 2005, p. 4). Vitousek 1992, p. 73). The flammability been assessed, and information on • Buddleia asiatica (dog tail) is a of biological materials is determined species invasiveness is lacking or absent shrub or small tree that can tolerate a primarily by their surface-to-volume from some of the descriptions below. In wide range of habitats, forms dense ratio and moisture content, and general, all nonnative plant species thickets, and is rapidly spreading into secondarily by mineral content and displace native Hawaiian plants; here wet forest and lava and cinder substrate tissue chemistry (D’Antonio and we describe other specific negative areas in Hawaii, displacing native Vitousek 1992, p. 73). The finest size impacts of individual alien plant vegetation (Wagner et al. 1999e, p. 415; classes of material (mainly grasses) species when known. PIER 2011a). ignite and spread fires under a broader • Andropogon virginicus • Casuarina equisetifolia (ironwood), range of conditions than do woody fuels (broomsedge) is a perennial bunchgrass native to Australia (Wagner et al. 1999f, or even surface litter (D’Antonio and native to northeastern America, now p. 528–529), is a tree 33 to 66 ft (10 to Vitousek 1992, p. 73). The grass life naturalized along roadsides and in 20 m) tall (Cronk & Fuller 2001, p. 144 form allows rapid recovery following disturbed dry to mesic forest and in PIER 2011b). This species is a fire; there is little above-ground shrubland (O’Connor 1999, p. 1,497). pioneer, salt-resistant tree that forms structural tissue, so almost all new Seeds are easily distributed by wind, monotypic stands under which little tissue fixes carbon and contributes to clothing, vehicles, and feral animals else grows (PIER 2011b). It is thought growth (D’Antonio and Vitousek 1992, (Smith 1989, pp. 60–69). Andropogon that the roots and needle litter exude a p. 73). Grass canopies also support a virginicus may release allelopathic chemical that kills other plants. microclimate in which surface substances that dramatically decrease Ironwood trees are fire resistant, and the temperatures are hotter, vapor pressure native plant reestablishment (Rice 1972, seeds of this species are wind- and deficits are larger, and the drying of pp. 752–755). This species has become water-dispersed, further contributing to tissues more rapid than in forests or dominant in areas subjected to natural its advantage over native species woodlands (D’Antonio and Vitousek or human-induced fires (Gagne and (Staples & Herbst, 2005, p. 229). 1992, p. 73). Thus, conditions that favor Cuddihy 1999, p. 77). Andropogon • Clidemia hirta (Koster’s curse), a fire are much more frequent in virginicus is on the Hawaii State noxious shrub in the Melastoma family, grasslands (D’Antonio and Vitousek noxious weed list (Hawaii forms a dense understory, shades out 1992, p. 73). Administrative Rules (H.A.R.) Title 4, native plants, and prevents their Nonnative plants outcompete native Subtitle 6, Chapter 68). regeneration (Wagner et al. 1985, p. 41; plants by growing faster, and some may • Anemone hupehensis var. japonica Smith 1989, p. 64). All plants in the release chemicals that inhibit the (Japanese anemone) is native to China, Melastoma family are on the Hawaii growth of other plants. Nonnative plants and is naturalized and locally common State noxious weed list (H.A.R. Title 4, may also displace native species by in open, wet, disturbed areas along Subtitle 6, Chapter 68).

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• Delairea odorata (cape ivy), a in most features and is considered a Agriculture—Agricultural Research rapidly growing perennial bushy vine major infestation in the Kau district on Division—National Genetic Resources native to South Africa, covers and Hawaii Island. Program (USDA–ARS–NGRP) 2011— suppresses growth and germination of • Hedychium spp. (ginger) are native Germplasm Resources Information native species by carpeting the ground to India and the Himalayas (Nagata Network (GRIN) Online Database; and rooting down at leaf nodes. This 1999, p. 1,623; Motooka et al. 2003a). USDA–Natural Resources Conservation species can also grow in the canopy, Hedychium gardnerianum (kahili Service (NRCS) 2012a—Plants where it smothers native trees, often to ginger) and H. coronarium (white database). the point of death (Benitez et al. 2008, ginger) are both showy gingers • Juncus ensifolius (dagger-leaved pp. 1–115; PIER 2012a; Weeds of Blue introduced for ornamental purposes. rush), a perennial herb native to the Mountain Bushlands 2011). Hedychium gardnerianum was first western United States, is naturalized in • Digitaria setigera (East Indian collected in 1954, at HVNP (Wester Hawaii and occurs in standing water of crabgrass) is native to tropical Asia from 1992, pp. 99–154; Nagata 1999, p. marshy areas (Coffey 1999, p. 1,453). India to Sri Lanka, and the Pacific 1,623). This species grows over 3 ft (1 This weedy colonizer can tolerate Islands. The species propagates by seeds m) tall in open, light environments; environmental stress and outcompete and runners, a single flowering stem however it will readily grow in full native species (USDA–NRCS 2012b— produces hundreds of seeds. This shade beneath a forest canopy (Smith Plants Database). species is a serious weed, which was 1985, pp. 191–192). It forms vast, dense • Juncus planifolius (bog rush) is a accidently introduced to Hawaii and colonies, displacing other plant species, perennial herb that is naturalized in first collected around 1864. and reproduces by rhizomes where Hawaii in moist, open, disturbed • Ehrharta stipoides (meadow rice already established. The conspicuous, depressions on margins of forests and in grass) is a grass that creates a thick mat fleshy, red seeds are dispersed by fruit- bogs (Coffey 1999, pp. 1,453–1,454). in which other species cannot eating birds as well as humans. This species forms dense mats and has regenerate; its seeds are easily dispersed Hedychium coronarium is a herbaceous the potential to displace native plants by awns (slender, terminal bristle-like perennial that grows 3 to 7 ft (1 to 2 m) by preventing establishment of native process found at the spikelette in many tall and favors wet habitats (GISD 2011c; seedlings (Medeiros et al. 1991, pp. 22– grasses) that attach to fur or clothing PIER 2012b). This species is shade 23). (U.S. Army Garrison 2006, p. 2–1–20). tolerant but can grow in exposed full • Lantana camara (lantana), a • Erigeron karvinskianus (daisy sun (Csurhes and Hannan-Jones 2008, p. malodorous, branched shrub up to 10 ft fleabane) is a sprawling, perennial herb 7). Similar to H. gardnerianum, the (3 m) tall, was brought to Hawaii as an that reproduces and spreads rapidly by creeping growth habit of H. coronarium ornamental plant. Lantana is aggressive, stem layering and regrowth of broken overwhelms low-growing native plants, thorny, and forms thickets, crowding roots to form dense mats. This species and this species is difficult to control out and preventing the establishment of crowds out and displaces ground-level due to the presence of rhizomes native plants (Davis et al. 1992, p. 412; plants (Weeds of Blue Mountains (Csurhes and Hannan-Jones 2008, p. 7; Wagner et al. 1999g, p. 1,320). Bushland 2008). GISD 2011c). In addition to • Leucana leucocephala (koa haole), • Falcataria moluccana (albizia), outcompeting native plants, Hedychium a shrub native to the neotropics, is a native to Moluccas, New Guinea, New spp. reduce the amount of nitrogen in nitrogen-fixer and an aggressive Britain, and the Solomon Islands, is a the Metrosideros forest canopy in competitor that often forms the tree that can reach up to 131 ft (40 m) Hawaii, thus impacting the availability dominant element of the vegetation in tall with wide-spreading branches. of nutrients for native plants (Asner and low-elevation, dry, disturbed areas in Albizia is commonly used as a shade Vitousek 2005, in litt.; Jordan et al. Hawaii (Geesink et al. 1999, pp. 679– plant for coffee plants in plantations in 2008, pp. 177–190). It may also block 680). many parts of the world. This species stream edges, altering water flow (GISD • Plants in the genus Melastoma are grows very rapidly. Albizia can quickly 2011c), which can subsequently lead to ornamental shrubs native to southeast establish in disturbed and nondisturbed watershed degradation and decline in Asia and all species are on the Hawaii mesic to wet areas (PIER 2011c; GISD moisture regimes that are necessary to State noxious weed list (H.A.R. Title 4, 2011b). Its rapid growth habit enables it support native plants. Subtitle 6, Chapter 68). Melastoma to outcompete slow-growing native trees • Heterotheca grandiflora (telegraph species have high germination rates, by reducing light availability, and its weed) is an annual or biennial herb rapid growth, early maturity, ability of abundant, high-quality litter alters native to California and Mexico, as well fragments to root, possible asexual nutrient dynamics in the soil (GISD as a common weed of dry, disturbed reproduction, and efficient seed 2011b). Increased nitrogen in the soil areas on Hawaii Island (PIER 2011d). dispersal (especially by birds that are may favor nonnative plant species This species is an opportunistic attracted by copious production of (GISD 2011b). colonizer that grows quickly, forms berries) (Smith 1985, p. 194; University • Grevillea spp. are medium to large dense stands, and inhibits recruitment of Florida Herbarium 2008, pp. 1–2). evergreen trees native to Australia. Over of native plants (Csurhes 2009, p. 2; These characteristics enable the plants two million Grevillea robusta trees were PIER 2011d). to be aggressive competitors in planted in the Hawaii Islands between • Juncus effusus (Japanese mat rush) Hawaiian ecosystems. 1919 and 1959, in an effort to reduce is a perennial herb widely distributed in • Melinis repens (natal redtop), a erosion and to provide timber. The temperate regions and naturalized in perennial grass native to Africa, is now leaves produce an allelopathic Hawaii in ponds, streams, and open widely naturalized in the tropics and in substance that inhibits the boggy sites. It was brought to Hawaii as Hawaii. It invades disturbed dry areas establishment of all other plant species a source of matting material, but grew from coastal regions to subalpine forest underneath the canopy (Smith 1985, p. too slowly to be of commercial value (Gould 1977–Desert Museum database; 191). This species has been documented (Coffey 1999, p. 1,453). This plant O’Connor 1999, p. 1,588). Dense stands in dry and moist forests, and open areas spreads by seeds and rhizomes, and of this species can contribute to in Hawaii (Smith 1985, p. 191). forms dense mats that crowd-out native recurrent fires (Gould 1977–Desert Grevillea banksii is similar to G. robusta plants (United States Department of Museum database).

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• Miconia calvescens (miconia), a tree releases of biocontrol agents to control vegetation and has deep tap roots that native to the neotropics, first appeared the spread of this species have not been significantly reduce available water for on Oahu and the island of Hawaii as an successful to date. native dryland plants. This plant fixes introduced garden plant, and has • Pennisetum setaceum (fountain nitrogen and can outcompete native escaped from cultivation (Almeda 1999, grass) is a grass that is an aggressive species (Geesink et al. 1999, pp. 692– p. 903). Miconia is remarkable for its 2- colonizer that outcompetes most native 693; Obiri 2011, p. 421). This species is to 3-ft (70-cm) long, dark purple leaves. species by forming widespread, dense, on the U.S. Federal noxious weed list It reproduces in dense shade, eventually thick mats. This species is also fire- (USDA–NRCS 2012c–Plants database). shading out all other plants to form a adapted and burns swiftly and hot, • Psidium cattleianum (strawberry monoculture. A single mature plant causing extensive damage to the guava) is a tall shrub or tree that forms produces millions of seeds per year, surrounding habitat (O’Connor 1999, p. dense stands in which few other plants which are spread by birds, ungulates, 1,581). Fountain grass occurs in dry, can grow, displacing native vegetation and humans (Motooka et al. 2003b). open places; barren lava flows; and through competition. The fruit is eaten According to the Hawaii Weed Risk cinder fields, and it is estimated to by feral pigs and birds that disperse the Assessment for M. calvescens, this cover hundreds of thousands of acres on seeds throughout the forest (Smith 1985, species has a high risk of invasiveness the island of Hawaii (O’Connor 1999, p. p. 200; Wagner et al. 1985, p. 24). or a high risk of becoming a serious pest 1,578; Fox 2011, in litt.). • Rubus argutus (prickly Florida (PIER 2010). This species, as well all • Pluchea spp. are 3- to 6-ft (1- to 2- blackberry) is a prickly bramble with plants in the Melastoma family, are on m) tall, fast-growing shrubs that form long-arching stems, and reproduces both the Hawaii State noxious weed list thickets in dry habitats and can tolerate vegetatively and by seed. It readily (H.A.R. Title 4, Subtitle 6, Chapter 68). saline conditions. Pluchea carolinensis sprouts from underground runners, and • Omalanthus populifolius (sourbush) is native to Mexico, the West is quickly spread by frugivorous (fruit- (Queensland poplar) is a large shrub Indies, and South America (Wagner et eating) birds (Tunison 1991, p. 2; native to Australia that is now al. 1999h, p. 351), and Pluchea indica Wagner et al. 1999j, p. 1,107; U.S. Army naturalized in disturbed mesic forests (Indian fleabane), is native to southern Garrison 2006, pp. 2–1–21–2–1–22). up to 3,280 ft (1,000 m) elevation on Asia (Wagner et al. 1999h, p. 351). The This species, which displaces native Hawaii Island (Starr et al. 2003, in litt.). seeds are wind-dispersed (Francis 2004, vegetation through competition, is on Seeds of this species are spread by pp. 577–579). Both species are adapted the Hawaii State noxious weed list birds, water, and machinery-such as to a wide variety of soils and sites, (H.A.R. Title 4, subtitle 6, Chapter 68). roadside mowers (PIER 2011e). tolerate excessively well-drained to • Rubus ellipticus (yellow Himalayan Omalanthus populifolius has the poorly-drained soil conditions, the full raspberry), native to India, is a prickly potential to colonize entire gulches, range of soil textures, acid and alkaline bramble with long arching stems up to displacing and inhibiting the reactions, salt and salt spray, and 13 ft (4 m) long that smother smaller regeneration of native plants compaction. They quickly invade plants, including native species. This (Oppenheimer 2004, p. 11). burned areas, but being early species occurs in wet areas in the • Paspalum conjugatum (Hilo grass) successional, they are soon replaced by Volcano and Laupahoehoe areas on is a perennial grass that is found in wet other species. These adaptive Hawaii Island (Motooka et al. 2003e). habitats and forms a dense ground capabilities increase the species’ • Rubus rosifolius (thimbleberry) is cover. Its small, hairy seeds are easily competitive abilities over native plants. an erect to trailing shrub that forms transported on humans and animals, or • Polygonum punctatum (water dense thickets and outcompetes native are carried by the wind through native smartweed), native to North America, plant species. It easily reproduces from forests, where it establishes and South America, and the West Indies, is roots left in the ground, and seeds are displaces native vegetation (Tomich a naturalized, aquatic species found spread by birds and feral animals (GISD 1986, p. 125; Cuddihy and Stone 1990, along streambeds, in wet areas, in 2008; PIER 2008b). p. 83; Motooka et. al. 2003c; PIER running or standing water, and in • Schefflera actinophylla (octopus 2008a). disturbed forest sites on Hawaii Island tree) is a tree native to Australia and • Passiflora edulis (passion fruit), (Wagner et al. 1999i, p. 1064). This New Guinea, is found in low-elevation, native to South America, is a vigorous species is fast-growing but short-lived, disturbed and undisturbed, mesic and vine that can reach up to 49 ft (15 m) and has long-lived seeds and wet habitats in Hawaii (Lowry 1999, p. in length. In Hawaii, its seeds are spread allelopathic properties (Gutscher 2007, 232; Motooka et al. 2003f). This species by feral pigs, and it can be found in in litt.). Loh and Tunison (1998, p. 5) is shade tolerant and can spread deep agricultural areas, natural forests, found that in pig-disturbed sites, P. into undisturbed forests, forming dense disturbed sites, and shrublands (GISD punctatum expanded from 25 percent to thickets, as its numerous seeds are 2012a). Passiflora edulis overgrows and 62.5 percent cover in 2 years. The readily dispersed by birds (Motooka et smothers the forest canopy, and its fruit combination of rapid growth, long-lived al. 2003f; PIER 2012c). Schefflera encourages rooting and trampling by seeds, and allelopathic properties actinophylla grows epiphytically, feral pigs. allows this species to form dense strangling its host tree (PIER 2012c). • Passiflora tarminiana (banana patches that prohibit the establishment • Schinus terebinthifolius poka), a vine native to South America, of native plants after disturbance events. (christmasberry, also known as Brazilian is widely cultivated for its fruit (Escobar • Prosopis pallida (kiawe), a large pepper), native to South America, forms 1999, pp. 1,010–1,012). First introduced tree up to 30 ft (9 m) tall, was dense thickets in all habitats, and its red to Hawaii in the 1920s, it is now a introduced to Hawaii from northwestern berries are attractive to and dispersed by serious pest in mesic forest, where it South America in 1828, and its seeds birds (Smith 1989, p. 63). Schinus overgrows and smothers the forest were used as fodder for ranch animals seedlings grow very slowly and can canopy. Seeds are readily dispersed by (Motooka et al. 2003d). This species is survive in dense shade, exhibiting humans, birds, and feral pigs (La Rosa now a dominant component of the vigorous growth when the canopy is 1992, pp. 281–282). Fallen fruit vegetation in low-elevation disturbed opened after a disturbance (Brazilian encourage rooting and trampling by pigs sites, and it is well adapted to dry Pepper Task Force 1997). Because of (Diong 1982, pp. 157–158). Field habitats. It overshadows other these attributes, S. terebinthifolius is

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able to displace native vegetation • Ulex europaeus (gorse), a woody that convert forest to grasslands through competition. legume up to 12 ft (4 m) tall and covered (D’Antonio and Vitousek 1992, p. 77). • Senecio madagascariensis with spines, is native to Western Europe Because several Hawaiian plants (Madagascar fireweed), native to (Geesink et al. 1999, pp. 715–716). It is show some tolerance of fire, Vogl Madagascar and South Africa, is a short- cultivated as a hedge and fodder plant, proposed that naturally occurring fires lived perennial plant that is on the State and was inadvertently introduced to may have been important in the of Hawaii’s noxious weed list (PIER Hawaii before 1910, with the development of the original Hawaiian 2011f). Each S. madagascariensis plant establishment of the wood industry flora (Vogl 1969 in Cuddihy and Stone can produce abundant seeds each year (Tulang 1992, pp. 577–583; Geesink et 1990, p. 91; Smith and Tunison 1992, p. that are easily distributed by wind (The al. 1999, pp. 715–716). Gorse spreads 394). However, Mueller-Dombois (1981 State of Queensland, Department of numerous seeds by explosive opening of in Cuddihy and Stone 1990, p. 91) Employment, Economic Development the pods (Mallinson 2011, pp. 1–2). It points out that most natural vegetation and Innovation 2011, pp. 1–4). This can rapidly form extensive dense and types in Hawaii would not carry fire combination of long-range dispersal of impenetrable infestations, and competes before the introduction of alien grasses, its seeds and its allelopathic properties with native plants, preventing their and Smith and Tunison (1992, p. 396) enables this species to successfully establishment. Dense patches can also state that native plant fuels typically outcompete native plants (Daehler 2011, present a fire hazard (Mallinson 2011, have low flammability. Because of the in litt.) pp. 1–2). Over 20,000 ac (8,094 ha) are greater frequency, intensity, and • Setaria palmifolia (palmgrass), infested by gorse on the island of duration of fires that have resulted from native to tropical Asia, was first Hawaii, and over 15,000 ac (6,070 ha) the introduction of nonnative plants collected on Hawaii Island in 1903 are infested on Maui (Tulang 1992, pp. (especially grasses), fires are now (O’Connor 1999, p. 1,592). A large- 577–583). Gorse is on the Hawaii State destructive to native Hawaiian leafed perennial herb, this species noxious weed list (H.A.R. Title 4, ecosystems (Brown and Smith 2000, p. reaches approximately 6.5 ft (2 m) in Subtitle 6, Chapter 68). 172), and a single grass-fueled fire can height at maturity, and shades out kill most native trees and shrubs in the native vegetation. Palmgrass is resistant Habitat Destruction and Modification by burned area (D’Antonio and Vitousek to fire and recovers quickly after being Fire 1992, p. 74). burned (Cuddihy and Stone 1990, p. Fire represents a threat to four of the 83). Fire is an increasing, human- species proposed for listing (the plants • Sphaeropteris cooperi (Australian exacerbated threat to native species and Bidens micrantha ssp. ctenophylla, tree fern) is a tree fern native to native ecosystems in Hawaii. The Phyllostegia floribunda, and Schiedea Australia that was brought to Hawaii for historical fire regime in Hawaii was hawaiiensis; and the picture-wing fly) use in landscaping (Medeiros et al. characterized by infrequent, low found in the lowland dry, lowland 1992, p. 27). It can achieve high severity fires, as few natural ignition mesic, lowland wet, montane dry, and densities in native Hawaiian forests, sources existed (Cuddihy and Stone montane mesic ecosystems addressed in grows up to 1 ft (0.3 m) in height per 1990, p. 91; Smith and Tunison 1992, this proposed rule (see Table 3). Fire year (Jones and Clemesha 1976, p. 56), pp. 395–397). It is believed that prior to can destroy dormant seeds of these and can displace native species. human colonization, fuel was sparse species as well as plants themselves, Understory disturbance by feral pigs and inflammable in wet plant even in steep or inaccessible areas. facilitates the establishment of this communities and seasonally flammable Successive fires that burn farther and species (Medeiros et al. 1992, p. 30), and in mesic and dry plant communities. farther into native habitat destroy native it has been known to spread over 7 mi The primary ignition sources were plants and remove habitat for native (12 km) through windblown dispersal of volcanism and lightning (Baker et al. species by altering microclimate spores from plant nurseries (Medeiros et 2009, p. 43). Natural fuel beds were conditions favorable to alien plants. al. 1992, p. 29). often discontinuous, and rainfall in Alien plant species most likely to be • Tibouchina species are herbs, many areas on most islands was, and is, spread as a consequence of fire are those shrubs, or trees native to South moderate to high. Fires inadvertently or that produce a high fuel load, are America. All members of this genus are intentionally ignited by the original adapted to survive and regenerate after on the Hawaii State noxious weed list Polynesians in Hawaii probably fire, and establish rapidly in newly (H.A.R. Title 4, Subtitle 6, Chapter 68). contributed to the initial decline of burned areas. Grasses (particularly those Tibouchina herbacea (glorybush), an native vegetation in the drier plains and that produce mats of dry material or herb or shrub up to 3 ft (1 m) tall, is foothills. These early settlers practiced retain a mass of standing dead leaves) native to southern Brazil, Uruguay, and slash-and-burn agriculture that created that invade native forests and Paraguay. In Hawaii, it is naturalized open lowland areas suitable for the later shrublands provide fuels that allow fire and abundant in disturbed mesic to wet colonization of nonnative, fire-adapted to burn areas that would not otherwise forest on the islands of Molokai, Lanai, grasses (Kirch 1982, pp. 5–6, 8; Cuddihy easily burn (Fujioka and Fujii 1980 in Maui, and Hawaii (Almeda 1999, p. and Stone 1990, pp. 30–31). Beginning Cuddihy and Stone 1990, p. 93; 915). It forms dense thickets, crowding in the late 18th century, Europeans and D’Antonio and Vitousek 1992, pp. 70, out all other plant species and inhibits Americans introduced plants and 73–74; Tunison et al. 2002, p. 122). regeneration of native plants (Motooka animals that further degraded native Native woody plants may recover from et al. 2003g). Tibouchina urvilleana Hawaiian ecosystems. Pasturage and fire to some degree, but fire shifts the (princess flower), a shrub or small tree ranching, in particular, created high competitive balance toward alien up to 3-to 14-ft (1-to 4-m) tall, is native fire-prone areas of nonnative grasses species (National Park Service (NPS) to southern Brazil (Almeda 1999, p. and shrubs (D’Antonio and Vitousek 1989, in Cuddihy and Stone 1990, p. 916). Naturalized on Kauai, Oahu, Maui, 1992, p. 67). Although fires were 93). On a post-burn survey at and Hawaii, this species forms dense historically infrequent in mountainous Puuwaawaa on Hawaii Island, an area of thickets in disturbed areas of wet forest, regions, extensive fires have recently native Diospyros forest with crowding out all other plant species and occurred in lowland dry and lowland undergrowth of the nonnative grass inhibiting regeneration of native plants. mesic areas, leading to grass-fire cycles Pennisetum setaceum, Takeuchi noted

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that ‘‘no regeneration of native canopy intact and intensively managed natural threatened to burn an area that supports is occurring within the Puuwaawaa systems (Tunison and Stone 1992, pp. B. micrantha ssp. ctenophylla (Knoche burn area’’ (Takeuchi 1991, p. 2). 781–798). The plant Phyllostegia 2012, in litt.). Although no B. micrantha Takeuchi (1991, pp. 4, 6) also stated that floribunda, proposed for listing in this ssp. ctenophylla individuals were ‘‘burn events served to accelerate a rule, is known from the east rift zone’s burned, the immediate proximity of the decline process already in place, Napau Crater, in the lowland wet fire to occupied and unoccupied habitat compressing into days a sequence that ecosystem (Belfield 1998, pp. 9, 11–13, for this species demonstrates the threat would ordinarily take decades,’’ and 23; Pratt 2007b, in litt.; HBMP 2010h). of fire to B. micrantha ssp. ctenophylla concluded that in addition to increasing In addition, historical records report in the lowland dry ecosystem at the number of fires, the nonnative that the plant Cyanea tritomantha, Kealakehe. Pennisetum acted to suppress the proposed for listing in this rule, also Fire is also a threat to the picture- establishment of native plants after a occurred in this area, in the same wing fly, proposed for listing in this fire. ecosystem; however the last survey that rule, at one of its two known locations For decades, fires have impacted rare reported this occurrence was over 25 (the Manuka NAR) due to the ongoing or endangered species and areas years ago (Lamoureux et al. 1985, pp. extreme drought conditions in this previously designated or proposed for 105, 107–108; HBMP 2010h). region and the resulting accumulation of critical habitat designation in this rule Fire is a threat to the Kona (leeward) dead trees (i.e., fuel load), in the lowland mesic and montane mesic (HDOFAW 2002, pp. 1, 4–6; Dayton side of Hawaii Island. In the past 50 ecosystems (Magnacca 2011b, pers. 2007, in litt.; Joint Fire Science Program years, there have been three wildfires comm.). that burned 20,000 ac (8,094 ha) or (JFSP) 2009, pp. 1–12; Weise et al. 2010, Throughout the Hawaiian Islands, pp. 199–220; Kakesako 2011, in litt.). more: (1) 20,000 ac (8,094 ha) burned at increased fuel loads and human-ignited On the island of Hawaii, wildfires are Puuwaawaa Ranch in 1985; (2) 20,000 fires caused the average acreage burned caused primarily by lava flows, humans, acres (8,094 ha) burned at PTA in 1994; to increase five-fold from the early and lightning, all of which are and (3) 25,000 ac (10,117 ha) burned in 1900s (1904 to 1939) to the mid-1900s exacerbated by severe drought and Waikoloa in 2005 (Thompson 2005, in (1940 to 1976) (La Rosa et al. 2008, p. nonnative grasses (e.g., Pennisetum litt.). The only known occurrence (25 to 231). In HVNP, fires were three times setaceum) (Dayton 2007, in litt.; JFSP 40 individuals) of the plant Schiedea more frequent and 60 times larger, on 2009, pp. 1–6; Armstrong and Media hawaiiensis, proposed for listing in this average, from the late 1960s to 1995, 2010, in litt.; Weise et al. 2010, pp. 199– rule, is found on the U.S. Army’s when compared to data spanning 1934 216; Adkins et al. 2011, p. 17; Hawaii Pohakuloa Training Area (PTA), and the to the late 1960s (Tunison et al. 2001 in County Major.com–accessed September 1994 fire burned to within 2 mi (4 km) La Rosa et al. 2008, p. 231). The 7, 2011; Burnett 2010, in litt.; KHON2, of this species (U.S. Army Garrison historical fire regimes have been altered June 6, 2011). Between 2002 and 2003, 2006, p. 34; Evans 2011, in litt.). from typically rare events to more three successive lava-ignited wildfires Although this fire may seem relatively frequent events, largely a result of in the east rift zone of HVNP affected distant from S. hawaiiensis, wildfires continuous fine fuel loads associated native forests in lowland dry, lowland can travel from 4 to 8 miles per hour with the presence of the fire-tolerant, mesic, and lowland wet ecosystems (mph) (6.5 to 13 kilometers per hour nonnative fountain grass and the grass- (JFSP 2009, p. 3), cumulatively burning (kph)), and burn 2.5 ac (1 ha) to 6 ac (2.5 fire feedback cycle that promotes its an estimated 11,225 ac (4,543 ha) ha) per minute (the equivalent of 6 to 8 establishment (La Rosa et al. 2008, pp. (Wildfire News, June 9, 2003; JFSP football fields per minute), depending 240–241; Pau 2009, in litt.). Extreme 2009, p. 3). These fires destroyed over on the fuel type, wind, and slope of land drought conditions are also contributing 95 percent of the canopy cover in the (Burn Institute 2009, p. 4). In 2011, a to the number and intensity of the burned areas and encroached upon 500-ac (202-ha) wildfire ignited by wildfires on Hawaii Island (Armstrong rainforests (i.e., forests in the lowland lightning and fueled by nonnative and Media 2010, in litt.; Loh 2010, in wet ecosystem) that were previously Pennisetum setaceum burned within the litt.). In addition, the combination of El thought to have low susceptibility or State’s Puu Anahulu Game Management Nin˜ o conditions (see ‘‘Habitat even be relatively immune to wildfires Area (GMA) and encroached within a Destruction and Modification by (JFSP 2009, pp. 2–3; Wildfire News, quarter-mile (0.5 km) of PTA (KHON2, Climate Change,’’ below) in the Pacific, June 9, 2003). After the fires, nonnative June 6, 2011). The Puu Anahulu GMA a half-century decline in annual rainfall, ferns were reported in the higher lies just 3 mi (5 km) northwest of the and intermittent dry spells have fueled elevation rainforests where they had not only known occurrence of S. wildfires throughout all of the main previously been observed, and were hawaiiensis in the montane dry Hawaiian Islands (Marcus 2010, in litt.). believed to inhibit the ability of the ecosystem. Also in 2011, a 120-ac (49- The entire State is experiencing dry dominant native Metrosideros ha) wildfire broke out near Kaiminani conditions, but Hawaii Island appears to polymorpha (ohia) trees to recover (JFSP Street (Jensen 2011, in litt.), just north be significantly impacted (Kodama 2003, pp. 1–2). Nonnative flammable of Hina Lani Road, in the lowland dry 2010, in litt.; USDA–FSA 2012, in litt.). grasses also spread in the area, under ecosystem, where the largest occurrence Fire is a threat to three plant species the dead ohia trees (Ainsworth 2011, in of the plant species Bidens micrantha (Bidens micrantha ssp. ctenophylla, litt.), increasing the risk of fire in ssp. ctenophylla, proposed for listing in Phyllostegia floribunda, and Schiedea surrounding native forested areas. In this rule, is found. In addition, the hawaiiensis), and the picture-wing fly 2011, the Napau Crater wildfire, ignited threat of fire to this species is increased (Drosophila digressa), reported from by an eruption at the Kamoamoa fissure by its occurrence in areas bordered by Hawaii Island’s lowland dry, lowland in HVNP, consumed over 2,076 ac (840 residential developments, schools, and mesic, lowland wet, montane dry, and ha), including 100 ac (40 ha) of the roads, which provide numerous ignition montane mesic ecosystems, because 2,750 ac (1,113 ha) east rift zone’s sources from the high volume of human individuals of these species or their special ecological area (Ainsworth 2011, traffic. A recent fire at the Villages of habitat are located in or near areas that in litt.; Kakesako 2011, in litt.). Special Laiopua subdivision at Kealakehe, were burned in previous fires or in areas ecological areas (SEA) are HVNP’s most known to have been intentionally set, at risk for fire due to volcanic activity,

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drought, or the presence of highly Since 1950, 13 hurricanes have to four of the plant species (Bidens flammable nonnative grasses and passed near but not over Hawaii Island. hillebrandiana ssp. hillebrandiana, shrubs. Eleven of these hurricanes brought Cyanea marksii, Cyanea tritomantha, heavy rain, strong wind, or high surf to and Cyrtandra wagneri) addressed in Habitat Destruction and Modification by the island, which caused erosion, flash this proposed rule (Lorence and Hurricanes floods, and other damage (Fletcher III et Perlman 2007, p. 359; PEPP 2010, p. 52; Hurricanes adversely impact native al. 2002, pp. 11–17; National Weather Bio 2011, pers. comm.). Monitoring data Hawaiian terrestrial habitat and Service et al. 2010, pp. 1–22). In 1994, from PEPP and other field biologists and exacerbate the impacts resulting from tropical depression 1C brought over 14 surveyors suggest that these four species other threats such as habitat degradation in (36 cm) of rain in just a few days to are threatened by these events as they by ungulates and competition with windward sections of Hawaii Island are found in landscape settings nonnative plants. They do this by (National Oceanic Atmospheric susceptible to these events (e.g., lava destroying native vegetation, opening Administration (NOAA) 1994, pp. 4–5; tubes, stream banks, steep slopes and the canopy and thus modifying the National Weather Service et al. 2010, cliffs). Field survey data presented by availability of light, and creating pp. 4–5). PEPP and other field biologists disturbed areas conducive to invasion Although there is historical evidence document that individuals of Bidens by nonnative pest species (see ‘‘Specific of only one hurricane (1861) that hillebrandiana ssp. hillebrandiana that Nonnative Plant Species Impacts,’’ approached from the east and impacted occur on steep sea cliffs are threatened above) (Asner and Goldstein 1997, p. the islands of Maui and Hawaii by rockfalls and landslides, 1 of the 27 148; Harrington et al. 1997, pp. 539– (Businger 1998, p.3), damage from known individuals of Cyanea marksii is 540). Because many Hawaiian plant and future hurricanes could further decrease threatened by falling rocks and animal species persist in low numbers the remaining native plant-dominated landslides, and individuals of Cyanea and in restricted ranges, natural habitat areas that support the 13 plant tritomantha are threatened by treefalls disasters, such as hurricanes, can be species, and the picture-wing fly (PEPP 2007, p. 52; Bio 2011, pers. particularly devastating (Mitchell et al. proposed for listing in this rule in 9 of comm.). Field survey data presented by 2005a, pp. 3–4). the described ecosystems (coastal, Lorence and Perlman (2007, p. 359) Hurricanes affecting Hawaii were only lowland dry, lowland mesic, lowland suggest that heavy rains and subsequent rarely reported from ships in the area wet, montane dry, montane mesic, erosion threaten the only known from the 1800s until 1949. Between montane wet, dry cliff, and wet cliff). location of Cyrtandra wagneri on a 1950 and 1997, 22 hurricanes passed stream bank in the Laupahoehoe NAR. near or over the Hawaiian Islands, 5 of Habitat Destruction and Modification Since Cyrtandra wagneri is currently which caused serious damage (Businger Due to Rockfalls, Treefalls, Landslides, 1998, pp. 1–2). In November 1982, Heavy Rain, Erosion, and Drought only known from a total of eight Hurricane Iwa struck the Hawaiian Rockfalls, treefalls, landslides, heavy individuals along the steep banks of Islands, with wind gusts exceeding 100 rain, and erosion damage and destroy Kilau Stream, heavy rains and erosion mph (161 kph), causing extensive individual plants, destabilize substrates, could lead to near extirpation or even damage, especially on the islands of and alter hydrological patterns that extinction of this species by direct Niihau, Kauai, and Oahu (Businger result in changes to native plant and destruction of the individual plants, 1998, pp. 2, 6). Many forest trees were animal communities. In the open sea mechanical damage to individual plants destroyed (Perlman 1992, pp. 1–9), near Hawaii, rainfall averages 25 to 30 that could lead to their death, or which opened the canopy and in (635 to 762 mm) per year, yet the destabilization of the stream bank facilitated the invasion of nonnative islands may receive up to 15 times this habitat leading to additional erosion. plants (Kitayama and Mueller-Dombois amount in some places, caused by Two plant species, Bidens micrantha 1995, p. 671). Competition with orographic features (physical geography ssp. ctenophylla and Schiedea nonnative plants is a threat to 9 of the of mountains) (Wagner et al. 1999a, pp. hawaiiensis, and the picture-wing fly 10 ecosystems that support all 13 plant 36–44). During storms, rain may fall at (Drosophila digressa), proposed for species and the picture-wing fly 3 in (76 mm) per hour or more, and listing in this rule may also be affected (Drosophila digressa), proposed for sometimes may reach nearly 40 in by habitat loss or degradation associated listing in this rule, as described above (1,000 mm) in 24 hours, causing with droughts, which are not in ‘‘Habitat Destruction and destructive flash-flooding in streams uncommon in the Hawaiian Islands Modification by Nonnative Plants.’’ and narrow gulches (Wagner et al. (HDLNR 2009, pp. 1–6; Hawaii State Nonnative plants also compete with the 1999a, pp. 36–44). Due to the steep Civil Defense 2011, pp. 14–1–14–12; native host plants of the picture-wing topography of some areas on Hawaii U.S. National Drought Mitigation Center fly. Island where 4 of the 13 plants (NDMC) 2012—Online Archives). In addition to the habitat destruction proposed for listing in this rule remain, Between 1901 and 2011, there have and nonnative plant introduction erosion and disturbance caused by been at least 18 serious or severe resulting from hurricanes, high winds introduced ungulates exacerbates the droughts that have impacted Hawaii and intense rains from hurricanes can potential for rockfalls, treefalls, and Island, including the current drought directly kill individual picture-wing landslides, which in turn are a threat to that began in 2008 and has led to the flies to the point of decimating an entire native plants. Such events have the island’s first ever drought exceptional population (Carson 1986, p. 7; Foote potential to eliminate all individuals of designation (the highest drought level and Carson 1995, pp. 369–370). High a population, or even all populations of rating on the scale) (between March and winds can also dislodge fly larvae from a species, resulting in a greater December of 2010) (HDLNR 2009, pp. 1– their host plants, destroy host plants, likelihood of extinction due to the lack 6; Hawaii Civil Defense 2011, pp. 14–1– and expose the fly larvae to predation of redundancy and resilience of the 14–12). According to the NDMC’s by nonnative yellowjacket wasps (see species caused by their reduced drought rating system, most of the ‘‘Factor C. Disease or Predation,’’ below) numbers and geographic range. island has been rated as in severe (Carson 1986, p. 7; Foote and Carson Rockfalls, treefalls, landslides, heavy drought since 2008, with extreme 1995, p. 371). rain, and subsequent erosion are a threat drought ratings intermittently in some

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portions of the island (NDMC 2012— a reduction in availability of host plants species and other relevant Online Archives). Giambelluca et al. for the picture-wing fly (Giambelluca et considerations, such as the effects of (1991, pp. 3–4) compiled descriptive al. 1991, p. v; D’Antonio and Vitousek interactions of climate with other accounts of drought throughout the 1992, pp. 77–79; HDLNR 2009, pp. 1– variables (e.g., habitat fragmentation) Hawaiian Islands between 1860 and 6; Hawaii Civil Defense 2011, pp. 14–1– (IPCC 2007, pp. 8–14, 18–19). In our 1986, and found that 87 episodes of 14–12). Ecosystems altered by drought analyses, we use our expert judgment to drought occurred on Hawaii Island and subsequent fires are further altered weigh relevant information, including between those years, although some of by the introduction of nonnative species uncertainty, in our consideration of those episodes occurred for periods as that outcompete native species for basic various aspects of climate change. short as one month. The 2011 winter life-cycle requirements (see ‘‘Habitat weather system brought periods of Destruction and Modification by Climate change will be a particular heavy rain from Kauai to Maui; however Nonnative Plants,’’ above). To further challenge for the conservation of these systems weakened or moved away exacerbate the situation, nonnative biodiversity because the introduction from Hawaii Island, leaving the ungulate patterns may be altered as and interaction of additional stressors typically wet windward slopes of the observed on Maui, where recent may push species beyond their ability to island under moderate drought episodes of drought have driven axis survive (Lovejoy 2005, pp. 325–326). conditions (NOAA 2011—Online deer (Axis axis) farther into urban and The synergistic implications of climate Climate Data Center). The entire forested areas for food, increasing their change and habitat fragmentation are windward side of Hawaii Island is negative impacts to native vegetation the most threatening facet of climate currently in an abnormally dry state from herbivory and trampling (Waring change for biodiversity (Hannah et al. (NDMC 2011—Online Archives; NDMC 1996, in litt., p. 5; Nishibayashi 2001, in 2005, p. 4). 2012—Online Archives). litt.). Due to the recent widespread Pohakuloa Training Area (the location increase in frequency and intensity of The magnitude and intensity of the of the only known individuals of the drought on the island of Hawaii, even impacts of global climate change and plant Schiedea hawaiiensis) was rated the wettest forests on the windward side increasing temperatures on native as experiencing extreme drought during of the island may be threatened by long- Hawaiian ecosystems are unknown. the spring of 2011 (Hawaii State Civil term drought (JFSP 2009, pp. 1–12). Currently, there are no climate change Defense 2011, pp. 14–1–14–12), and in Prolonged periods of water deprivation studies that specifically address impacts 2010, as well as most of north and south caused by drought can also lead to the to the Hawaii Island ecosystems Kona. North Kona, including the direct death of the remaining discussed here or the 15 species lowland dry ecosystem that supports the individuals of the plants Schiedea proposed for listing that are associated largest occurrence of the plant Bidens hawaiiensis and Bidens micrantha ssp. with these ecosystems. Based on the micrantha ssp. ctenophylla, has been ctenophylla, and the picture-wing fly, best available information, climate experiencing conditions of extreme to possibly leading to extinction of one or change impacts could lead to the loss of severe drought over the past few years. more of these species. Drought is a native species that comprise the One of the two known extant direct threat to two of the plant species communities in which the 15 species populations of the picture-wing fly (Bidens micrantha ssp. ctenophylla and occur (Pounds et al. 1999, pp. 611–612; (Drosophila digressa) is found in the Schiedea hawaiiensis), and the picture- Still et al. 1999, p. 610; Benning et al. lowland mesic ecosystem in south wing fly (Drosophila digressa), proposed 2002, pp. 14,246–14,248; Allen et al. Kona, in an area that has also for listing in this rule, as discussed 2010, pp. 660–662; Sturrock et al. 2011, experienced extreme to severe drought above. over the past few years. Drought alters p. 144; Towsend et al. 2011, p. 15; the decay processes of the picture-wing Habitat Destruction and Modification by Warren 2011, pp. 221–226). In addition, fly’s host plants and the entire plant Climate Change weather regime changes (droughts, community on which the fly depends. Our analyses under the Act include floods) will likely result from increased Monitoring data collected in HVNP consideration of ongoing and projected annual average temperatures related to during a drought period between 1981 changes in climate. The terms ‘‘climate’’ more frequent El Nin˜ o episodes in and 1982 suggest that drought was and ‘‘climate change’’ are defined by the Hawaii (Giambelluca et al. 1991, p. v). associated with a reduction in the Intergovernmental Panel on Climate Future changes in precipitation and the number of picture-wing flies one year Change (IPCC). ‘‘Climate’’ refers to the forecast of those changes are highly following the drought (Carson 1986, pp. mean and variability of different types uncertain because they depend, in part, 4, 7). In addition, the ongoing drought of weather conditions over time, with 30 on how the El Nin˜ o-La Nin˜ a weather in south Kona has resulted in an years being a typical period for such cycle (a disruption of the ocean increasing accumulation of dead trees in measurements, although shorter or atmospheric system in the tropical the Manuka NAR, which increases the longer periods also may be used (Le Pacific having important global fuel load and threat of wildfires in the Treut et al. 2007, pp. 93–127). The term consequences for weather and climate) area where one of the two known ‘‘climate change’’ thus refers to a change might change (State of Hawaii 1998, pp. in the mean or variability of one or more occurrences of the picture-wing fly 2–10). The 15 species proposed for measures of climate (e.g., temperature or occurs (Magnacca 2011b, pers. comm.). listing may be especially vulnerable to Severe episodes of drought cannot precipitation) that persists for an only directly kill individuals of a extended period, typically decades or extinction due to anticipated species or entire populations, but longer, whether the change is due to environmental changes that may result drought frequently leads to an increase natural variability, human activity, or from global climate change, due to their in the number and intensity of forest both (Le Treut et al. 2007, pp. 93–127). small population size and highly and brush fires (see ‘‘Habitat Various types of changes in climate can restricted ranges. Environmental Degradation and Modification by Fire,’’ have direct or indirect effects on changes that may affect these species are above), causing a reduction of native species. These effects may be positive, expected to include habitat loss or plant cover and habitat, an increase in neutral, or negative and they may alteration and changes in disturbance nonnative plant and animal species, and change over time, depending on the regimes (e.g., storms and hurricanes).

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Climate Change and Ambient wildfires that also displace species and but can exceed 240 in (609.6 cm) in the Temperature alter or destroy natural ecosystems wettest mountain areas. Rainfall is The average ambient air temperature (Pounds et al. 1999, pp. 611–612; IPCC distributed unevenly across each high (at sea level) is projected to increase by AR4 2007, pp. 26–73; Marshall et al. island, and rainfall gradients are about 4.1 degrees Fahrenheit (°F) (2.3 2008, p. 273; U.S. Climate Change extreme (approximately 25 in (63.5 cm) degrees Centigrade (°C)) with a range of Science Program 2008, pp. 1–164; per mile), creating both very dry and 2.7 °F to 6.7 °F (1.5 °C to 3.7 °C) by 2100 Flannigan et al. 2009, p. 483; US–GCRP very wet areas. Global climate modeling worldwide (Trenberth et al. 2007, pp. 2009, pp. 1–188; Allen et al. 2010, pp. predicts that, by 2100, net precipitation 235–336). These changes would 660–662; Warren 2011, pp. 221–226). at sea level near the Hawaiian Islands increase the monthly average These environmental changes are will decrease in winter by about 4 to 6 temperature of the Hawaiian Islands predicted to alter species migration percent, with no significant change from the current value of 74 °F (23.3 °C) patterns, lifecycles, and ecosystem during summer (IPCC AR4 2007, pp. 1– processes such as nutrient cycles, water 73). Downscaling of global climate to between 77 °F and 86 °F (25 °C and availability, and decomposition (IPCC models indicates that wet-season 30 °C). Historically, temperature has AR4 2007, pp. 26–73; Pounds et al. (winter) precipitation will decrease by 5 been rising over the last 100 years, with 1999, pp. 611–612; Sturrock et al. 2011, percent to 10 percent, while dry-season the greatest increase after 1975 p. 144; Townsend et al. 2011, p. 15; (summer) precipitation will increase by (Alexander et al. 2006, pp. 1–22; Warren 2011, pp. 221–226). The species about 5 percent (Timm and Diaz 2009, Giambelluca et al. 2008, p. 1). The rate extinction rate is predicted to increase pp. 4,261–4,280). These data are also of increase at low elevation (0.16 °F; congruent with ambient temperature supported by a steady decline in stream 0.09 °C) per decade is below the increase (US–GCRP 2009, pp. 1–188). In flow beginning in the early 1940s (Oki observed global temperature rise of ° ° Hawaii, these environmental changes 2004, p. 1). Altered seasonal moisture 0.32 F (0.18 C) per decade (Trenberth associated with a rise in ambient regimes can have negative impacts on et al. 2007, pp. 235–336). However, at temperature can directly and indirectly plant growth cycles and overall negative high elevations, the rate of increase ° ° impact the survival of native plants and impacts on natural ecosystems (US– (0.48 F (0.27 C) per decade) greatly animals, including the 15 species GCRP 2009, pp. 1–188). Long periods of exceeds the global rate (Trenberth et al. proposed for listing in this rule, and the decline in annual precipitation result in 2007, pp. 235–336). ecosystems that support them. a reduction in moisture availability; an Overall, the daily temperature range increase in drought frequency and Climate Change and Precipitation in Hawaii is decreasing, resulting in a intensity; and a self-perpetuating cycle warmer environment, especially at As global surface temperature rises, of nonnative plants, fire, and erosion higher elevations and at night. In the the evaporation of water vapor (US–GCRP 2009, pp. 1–188; Warren main Hawaiian Islands, predicted increases, resulting in higher 2011, pp. 221–226) (see ‘‘Habitat changes associated with increases in concentrations of water vapor in the Destruction and Modification by Fire,’’ temperature include a shift in vegetation atmosphere, further resulting in altered above). These impacts may negatively zones upslope, shift in animal species’ global precipitation patterns (U.S. affect the 15 species proposed for listing ranges, changes in mean precipitation National Science and Technology in this rule and the 10 ecosystems that with unpredictable effects on local Council (US–NSTC) 2008, pp. 69–94; support them. environments, increased occurrence of US–GCRP 2009, pp. 1–188). While drought cycles, and increases in the annual global precipitation has Climate Change, and Tropical Cyclone intensity and number of hurricanes increased over the last 100 years, the Frequency and Intensity (Loope and Giambelluca 1998, pp. 514– combined effect of increases in A tropical cyclone is the generic term 515; U.S. Global Change Research evaporation and evapotranspiration is for a medium- to large-scale, low- Program (US–GCRP) 2009, pp. 1–188). causing land surface drying in some pressure storm system over tropical or In addition, weather regime changes regions leading to a greater incidence subtropical waters with organized (e.g., droughts, floods) will likely result and severity of drought (US–NSTC convection (i.e., thunderstorm activity) from increased annual average 2008, pp. 69–94; US–GCRP 2009, pp. 1– and definite cyclonic surface wind temperatures related to more frequent El 188). Over the past 100 years, the circulation (counterclockwise direction Nin˜ o episodes in Hawaii (Giambelluca Hawaiian Islands have experienced an in the Northern Hemisphere) (Holland et al. 1991, p. v). However, despite annual decline in precipitation of just 1993, pp. 1–8). In the Northeast Pacific considerable progress made by expert over 9 percent (US–NSTC 2008, p. 70). Ocean, east of the International Date scientists toward understanding the Other data on precipitation in Hawaii, Line, once a tropical cyclone reaches an impacts of climate change on many of which include sea-level precipitation intensity of winds of at least 74 mi per the processes that contribute to El Nin˜ o and the added orographic effects, show hour (33 m per second), it is considered variability, it is not possible to say a steady and significant decline of about a hurricane (Neumann 1993, pp. 1–2). whether or not El Nin˜ o activity will be 15 percent over the last 15 to 20 years Climate modeling has projected changes affected by climate change (Collins et al. (Chu and Chen 2005, p. 4,881–4,900; in tropical cyclone frequency and 2010, p. 391). Diaz et al. 2005, pp. 1–3). Exact future intensity due to global warming over the Globally, the warming atmosphere is changes in precipitation in Hawaii and next 100 to 200 years (Vecchi and Soden creating a plethora of anticipated and the forecast of those changes are 2007, pp. 1,068–1,069, Figures 2 and 3; unanticipated environmental changes uncertain because they depend, in part, Emanuel et al. 2008, p. 360, Figure 8; Yu such as melting ice caps, decline in on how the El Nin˜ o-La Nin˜ a weather et al. 2010, p. 1,371, Figure 14). The annual snow mass, sea-level rise, ocean cycle might change (State of Hawaii frequency of hurricanes generated by acidification, increase in storm 1998, pp. 2–10). tropical cyclones is projected to frequency and intensity (e.g., In the oceans around Hawaii, the decrease in the central Pacific (e.g., the hurricanes, cyclones, and tornadoes), average annual rainfall at sea level is main and Northwestern Hawaiian and altered precipitation patterns that about 25 in (63.5 cm). The orographic Islands) while storm intensity (strength) contribute to regional increases in features of the islands increase this is projected to increase by a few percent floods, heat waves, drought, and annual average to about 70 in (177.8 cm) over this period (Vecchi and Soden

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2007, pp. 1,068–1,069, Figures 2 and 3; (0.18 m to 0.6 m) (IPCC AR4 2007, p. accumulate through a process known as Emanuel et al. 2008, p. 360, Figure 8; Yu 30). When ice sheet and glacial melt are senescence (Maciolek and Brock 1974, et al. 2010, p. 1,371, Figure 14). There incorporated into models the average p. 3; Brock 2004, pp. 11, 35–36). are no climate model predictions for a estimated increase in sea level by the Conditions promoting rapid senescence change in the duration of Pacific year 2100 is approximately 3 to 4 ft (0.9 are known to include an increased tropical cyclone storm season (which to 1.2 m), with some estimates as high amount of sediment deposition, good generally runs from May through as 6.6 ft (2.0 m) to 7.8 ft (2.4 m) exposure to light, shallowness, and a November). (Rahmstorf 2007, pp. 368–370; Pfeffer et weak connection with the water table, In general, tropical cyclones with the al. 2008, p. 1,340; Fletcher 2009, p. 7; resulting in sediment and detritus intensities of hurricanes have been a US–GCRP 2009, p. 18). The species accumulating within the pool instead of rare occurrence in the Hawaiian Islands. Bidens hillebrandiana ssp. being flushed away with tidal exchanges From the 1800s until 1949, hurricanes hillebrandiana occurs within the coastal and groundwater flow (Maciolek and were only rarely reported from ships in ecosystem. Although there is no specific Brock 1974, p. 3; Brock 2004, pp. 11, the area. Between 1950 and 1997, 22 data available on how sea-level rise and 35–36). hurricanes passed near or over the coastal inundation will impact this Based upon what we know about Hawaiian Islands, 5 of which caused species, its occurrence in close healthy anchialine pool systems (Brock serious damage (Businger 1998, pp. 1– proximity to the coastline places it at 2004, pp. 11, 35–36), it is our 2). Hurricanes may cause destruction of risk of the threat of sea level rise and understanding that one or more factors native vegetation and open the native coastal inundation due to climate including increased sedimentation, may canopy, allowing for invasion by change. be synergistically degrading the health nonnative plant species that compete for In summary, increased interannual of the Lua O Palahemo pool system. space, water, and nutrients, and alter variability of ambient temperature, Sedimentation is likely reducing the basic water and nutrient cycling precipitation, hurricanes, and sea-level capacity of the pool to produce adequate processes leading to decreased growth rise and inundation would provide cyanobacteria and algae to support some and reproduction for all 13 plant species additional stresses on 9 of the 10 of the pool’s ‘herbivorous’ hypogeal in this proposed rule (see Table 3, ecosystems (all except the anchialine shrimp species. A decreased food above) (Perlman 1992, pp. 1–9; pool ecosystem) and 14 of the 15 supply (i.e., a reduction in Kitayama and Mueller-Dombois 1995, p. associated species (all except the cyanobacteria and algae) would likely 671). Hurricanes also constitute a threat anchialine pool shrimp) proposed for lead to a lower abundance of to the picture-wing fly proposed for listing in this rule because they are herbivorous hypogeal shrimp species as listing as a result of their high winds highly vulnerable to disturbance and well as a lower abundance of the known that may dislodge larvae from their host related invasion of nonnative species. carnivorous species, Metabetaeus plants, thereby increasing the likelihood The probability of a species going lohena, and possibly Vetericaris of mortality caused by lack of essential extinct as a result of such factors chaceorum, whose gut contents nutrients for proper development or increases when its range is restricted, contained fragments of other increased exposure to predators, such as habitat decreases, and population crustaceans (including Procaris nonnative yellowjacket wasps and ants, numbers decline (IPCC 2007, pp. 8–11). hawaiiana, a co-occurring anchialine and destruction of host plants (see In addition, these 14 species may be at pool shrimp), indicating that the species ‘‘Factor C. Disease or Predation,’’ a greater risk of extinction due to the may be carnivorous upon its associated below). Although there is historical loss of redundancy and resiliency anchialine pool shrimp species (see evidence of only one hurricane that created by their limited ranges, above, Description of the 15 Species approached from the east and impacted restricted habitat requirements, small Proposed for Listing). the islands of Maui and Hawaii population sizes, or low numbers of A second factor is that increased (Businger 1998, p.3), damage by future individuals. Therefore, we would expect sedimentation in Lua O Palahemo may hurricanes could further decrease the these 14 species to be particularly be overloading the capacity of the pool remaining native plant-dominated vulnerable to projected environmental and lava tube below to adequately flush habitat areas that support the 13 plant impacts that may result from changes in water to maintain the water quality species and the picture-wing fly climate and subsequent impacts to their needed to support the micro-organisms (Drosophila digressa) proposed for habitats (e.g., Loope and Giambelluca that are fed upon by several of the pool’s listing in this rule, in nine of the 1998, pp. 504–505; Pounds et al. 1999, shrimp species (e.g., Calliasmata described ecosystems (coastal, lowland pp. 611–612; Still et al. 1999, p. 610; pholidota, Halocaridina palahemo, dry, lowland mesic, lowland wet, Benning et al. 2002, pp. 14,246–14,248; Halocaridina rubra, and Procaris montane dry, montane mesic, montane Giambelluca and Luke 2007, pp. 13–18). hawaiiana) and their associated shrimp wet, dry cliff and wet cliff). Based on the above information, we predators, Antecaridina lauensis and conclude that changes in environmental Vetericaris chaceorum (Brock 2004, pp. Climate Change, and Sea-Level Rise and conditions that result from climate 10–11, 16). Coastal Inundation change are likely to negatively impact A third factor that may be On a global scale, sea level is rising 14 of the 15 species (all except the contributing to the degradation of the as a result of thermal expansion of anchialine pool shrimp) proposed for health of the Lua O Palahemo pool warming ocean water; the melting of ice listing in this rule, and exacerbate other system is that increased sedimentation sheets, glaciers, and ice caps; and the threats. This potential threat will and an inability of the pool system to addition of water from terrestrial increase in the near future. adequately flush its waters, are either systems (Climate Institute 2011, in litt.). diminishing or preventing migration Sea level rose at an average rate of 0.1 Habitat Destruction and Modification by and recolonization of the pool by the in (1.8 mm) per year between 1961 and Sedimentation hypogeal shrimp species from the 2003 (IPCC 2007, pp. 30–73), and the Anchialine pool habitats can surrounding porous watertable bedrock. predicted increase by the end of this gradually disappear when organic and In other words, this lack of porosity may century, without accounting for ice mineral deposits from aquatic be affecting the movement of shrimp to sheet flow, ranges from 0.6 ft to 2.0 ft production and wind-blown materials and from food resources, and the

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accumulating sedimentation and shrimp co-occurring with Vetericaris threats are expected to continue or detritus reduce productivity within the chaceorum) and the ability of V. increase without ungulate control or pool. This reduction in productivity chaceorum and other species of eradication. reduces the carrying capacity of the hypogeal shrimp co-occurring with V. Nonnative plants represent a serious habitat to support hypogeal shrimp like chaceorum to move between the pool and ongoing threat to 14 of the 15 Vetericaris chaceorum (Brock 2004, p. and the water table, thus leading to a species proposed for listing (all 13 plant 10). Indeed, Brock (2004, p. 16) has reduction of their numbers within the species and the picture-wing fly (see established that pool productivity and pool. The degradation of Lua O Table 3)) through habitat destruction shrimp presence are interdependent. In Palahemo by senescence from and modification, because they: (1) some cases, a pool that loses its shrimp sedimentation is a threat to the Adversely impact microhabitat by populations due, for example, to the continued existence of V. chaceorum by modifying the availability of light; (2) introduction of nonnative fish, more degrading the conditions of the only alter soil-water regimes; (3) modify quickly loses its capacity to support known anchialine pool that supports nutrient cycling processes; (4) alter fire shrimp in the future as a result of this species and by reducing available characteristics of native plant habitat, excessive buildup of algae and food resources (Brock 2004, pp. 10–11, leading to incursions of fire-tolerant cyanobacterial mats that block and 16). nonnative plant species into native impede the pool’s ability to flush and habitat; (5) outcompete, and possibly Summary of Factor A maintain necessary water quality (Brock directly inhibit the growth of, native 2004, p. 16). The threats to the habitats of the 15 plant species; and (6) create As described above, in 1985, visibility species proposed for listing in this rule opportunities for subsequential within the lava tube portion of Lua O occur throughout the entire range of establishment of nonnative vertebrates Palahemo was as great as 20 m (66 ft). each of the species. These threats and invertebrates. Each of these threats During this dive survey, Kensley and include land conversion by agriculture can convert native-dominated plant Williams (1986, p. 418) estimated that and urbanization, nonnative ungulates communities to nonnative plant other species of hypogeal shrimp co- and plants, fire, natural disasters, communities (Cuddihy and Stone 1990, occurring with Vetericaris chaceorum environmental changes resulting from p. 74; Vitousek 1992, pp. 33–35). This numbered in the tens of thousands for climate change, sedimentation, and the conversion has negative impacts on all Halocaridina sp., in the thousands for interaction of these threats. 13 plant species addressed here, as well Procaris hawaiana, and less than 100 for Development and urbanization of as the native plant species upon which Calliasmata sp. By 2010, visibility had lowland dry habitat on Hawaii Island the picture-wing fly depends for been reduced to 8 cm (3 in) within the represents a serious and ongoing threat essential life-history needs. pool itself, and underwater video taken to Bidens micrantha ssp. ctenophylla The threat from fire to 4 of the 15 during the survey shows continuous because of loss and degradation of species in this proposed rule that clouds of thick sediment and detritus habitat. depend on lowland dry, lowland mesic, within the water column below the The effects from ungulates are serious lowland wet, montane dry, and montane pool. During this survey, only one P. and ongoing because ungulates mesic ecosystems (the plants Bidens hawaiiana individual was trapped, and currently occur in all of the 10 micrantha ssp. ctenophylla, Phyllostegia seven others were observed in the video ecosystems that support the 15 species floribunda, and Schiedea hawaiiensis, footage. No other species of shrimp, proposed for listing in this rule. and the picture-wing fly; see Table 3) is including V. chaceorum, were observed Ungulates are a direct threat to the 13 serious and ongoing because fire during the 2010 survey (Wada 2010, in plant species, the anchialine pool damages and destroys native vegetation, litt.). Kensley and Williams (1986, p. shrimp (Vetericaris chaceorum), and the including dormant seeds, seedlings, and 426) reported fragments of crustaceans, picture-wing fly (Drosophila digressa) juvenile and adult plants. Many including P. hawaiiana, in gut contents proposed for listing in this rule (see nonnative, invasive plants, particularly of V. chaceorum. While P. hawaiiana Table 3), because they cause: (1) fire-tolerant grasses, outcompete native occurs in other anchialine pool habitats Trampling and grazing that directly plants and inhibit their regeneration on Hawaii Island and Maui, V. impact the plant communities, (D’Antonio and Vitousek 1992, pp. 70, chaceorum is currently only known including the plant species proposed for 73–74; Tunison et al. 2002, p. 122). from Lua O Palahemo. A reduction in listing, and impact the host plants used Successive fires that burn farther and the abundance of P. hawaiiana may by the picture-wing fly for shelter, farther into native habitat destroy native indicate a loss of food resources for V. foraging, and reproduction; (2) plants and remove habitat for native chaceorum, although further research is increased soil disturbance, leading to species by altering microclimatic needed to confirm this. mechanical damage to individuals of the conditions and creating conditions During the 2010 survey, it was plant species proposed for listing, and favorable to alien plants. The threat discovered that a possible partial also plants used by the picture-wing fly from fire is unpredictable but increasing collapse of the interior rock walls of Lua for shelter, foraging, and reproduction; in frequency in ecosystems that have O Palahemo pool may have occurred (3) creation of open, disturbed areas been invaded by nonnative fire-prone and caused the difficulty experienced conducive to weedy plant invasion and grasses, and that are experiencing by the survey team to bodily survey to establishment of alien plants from abnormally dry to severe drought any depth below the pool’s surface dispersed fruits and seeds, which conditions. (Wada 2010, in litt.). This collapse may results over time in the conversion of a Natural disasters such as hurricanes also be contributing to reduced flushing community dominated by native are a threat to native Hawaiian in the pool portion of Lua O Palahemo, vegetation to one dominated by terrestrial habitat including 9 of the 10 leading to an accumulation of sediment nonnative vegetation (leading to all of ecosystems (all except the anchialine and detritus in the pool. This the negative impacts associated with pool ecosystem) addressed here, and the accumulation of sediment could nonnative plants, listed below); and (4) 13 plant species identified in this rule, certainly reduce both food productivity increased erosion, followed by because they result in direct impacts to (i.e., reduce the abundance and sedimentation affecting the anchialine ecosystems and individual plants by availability of other species of hypogeal pool habitat of V. chaceorum. These opening the forest canopy, modifying

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available light, and creating disturbed climate change on the 15 species are of the most widely cultivated areas that are conducive to invasion by presently unknown, and we are not able ornamental palm genera in the world nonnative pest plants (Asner and to determine the extent of this possible (Maunder et al. 2001 in Chapin et al. Goldstein 1997, p. 148; Harrington et al. threat with confidence. 2004, p. 278). There is an international 1997, pp. 346–347). In addition, Erosion and resulting sedimentation trade in Pritchardia seeds and seedlings hurricanes threaten the picture-wing fly of the Lua O Palahemo pool system is that has created a market in which species proposed for listing in this rule a threat to the anchialine pool shrimp individual Pritchardia seeds sell for 5 to because strong winds and intense (Vetericaris chaceorum). The 35 dollars each (Chapin et al. 2004, p. rainfall can kill individual host plants, sedimentation of the pool may also 278; Clark 2010, in litt.; and can dislodge individual flies and change the water chemistry (i.e., salinity rarepalmseeds.com). Most seeds sold are their larvae from their host plants and and dissolved oxygen) of the pool and cultivated; however, wild collection of deposit them on the ground where they the ability of the pool to support some ‘‘highly-threatened’’ species does may be crushed by falling debris or hypogeal anchialine pool shrimp such occur (Chapin et al. 2004, p. 278). There eaten by nonnative wasps and ants. The as V. chaceorum, although further are over a dozen internet Web sites that impacts of hurricanes and other research is needed. Accumulation of offer Hawaiian Pritchardia plants and stochastic natural events can be sediment and detritus reduces the seeds for sale, including Pritchardia particularly devastating to 14 of the abundance of food resources, such as P. lanigera (e.g., eBay.com; google.com). species (all except the anchialine pool hawaiana and other co-occurring Based on the history of collection of shrimp) proposed for listing because, as hypogeal shrimp, for V. chaceorum, endemic Hawaiian Pritchardia plants a result of other threats, they now although further research is needed to and seeds, the market for Hawaiian persist in low numbers or occur in confirm this. In addition, sedimentation Pritchardia plants and seeds, and the restricted ranges and are therefore less degrades the conditions of the only vulnerability of the small populations of resilient to such disturbances, rendering anchialine pool known to support V. Pritchardia lanigera to the negative them highly vulnerable to extirpation. chaceorum. impacts of any collection, we consider Furthermore, a particularly destructive Factor B. Overutilization for overcollection of Pritchardia lanigera to hurricane holds the potential of driving Commercial, Recreational, Scientific or pose a serious and ongoing threat, a localized endemic species to Educational Purposes because it can occur at any time, extinction in a single event. Hurricanes although its occurrence is not pose an ongoing and ever-present threat The plant species Pritchardia lanigera predictable. because they are unpredictable and can is threatened by overcollection for Anchialine Pool Shrimp happen at any time. commercial and recreational purposes Rockfalls, treefalls, landsides, heavy (Hillebrand 1888, pp. 21–27; Chapin et While we are aware of only one rain, and erosion are a threat to four of al. 2004, pp. 273, 278). We are aware collection of the anchialine pool shrimp the species proposed for listing (the that some species of Hawaiian Vetericaris chaceorum for scientific and plants Bidens hillebrandiana ssp. anchialine pool shrimp are sold and educational purposes (Kensley and hillebrandiana, Cyanea marksii, Cyanea purchased on the Internet; however we Williams, 1986, pp. 419–429), there is tritomantha, and Cyrtandra wagneri; see do not believe that the proposed no information available that indicates Table 3) by destabilizing substrates, anchialine pool shrimp is threatened by this species has ever been collected for damaging and destroying individual overcollection for commercial or commercial or recreational purposes. plants, and altering hydrological recreational purposes due to the Other Hawaiian anchialine pool shrimp patterns, which result in habitat remoteness of its currently known (e.g., opaeula (Halocaridina rubra)) and destruction or modification and changes location and difficulty of accessing this the candidate species Metabetaeus to native plant and animal communities. species within the deeper lava tube lohena (NCN) are collected for the Drought threatens two plant species portions of the Lua O Palahemo aquarium market (e.g., Fuku- (Bidens micrantha ssp. ctenophylla and anchialine pool. We are not aware of Bonsai.com; ecosaqua.com; eBay.com; Schiedea hawaiiensis) and the picture- any threats to the remaining 12 plant and, seahorse.com), including self- wing fly (Drosophila digressa) by the species or the picture-wing fly contained aquariums similar to those loss or degradation of habitat due to addressed in this proposed rule that marketed by Ecosphere Associates, Inc. death of individual native plants and would be attributed to overutilization (Ecosphere Associates 2011, p. 1). Two host tree species, as well as an increase for commercial, recreational, scientific of these companies are located in in forest and brush fires. These threats or educational purposes. Hawaii (FukuBonsai and Stockly’s are serious and unpredictable, and have Aquariums of Hawaii). However, we Pritchardia lanigera the potential to occur at any time. believe the anchialine pool shrimp Changes in environmental conditions The genus Pritchardia has 28 known proposed for listing in this rule is not that may result from global climate species, 14 of which are endemic to the likely to be among those species change include increasing temperatures, Hawaiian Islands, and its range is collected for commercial or recreational decreasing precipitation, increasing restricted to the Pacific archipelagos of purposes given the species’ limited storm intensities, and sea-level rise and Hawaii, Fiji, the Cook Islands, Tonga, distribution and generally inaccessible coastal inundation. The consequent and Tuamotus (Chapin et al. 2004, p. habitat. Therefore, we do not consider impacts on the 15 species proposed for 273). Pritchardia palms have been overcollection to pose a threat to listing here are related to changes in valued as collectibles for centuries Vetericaris chaceorum. microclimatic conditions in their (Hillebrand 1888, pp. 21–27; Chapin et habitats. These changes may lead to the al. 2004, pp. 273, 278). In 1888, botanist Summary of Overcollection for loss of native species due to direct Wilhelm Hillebrand noted that, ‘‘* * * Commercial, Recreational, Scientific, or physiological stress, the loss or one species of Pritchardia in Nuuanu, Educational Purposes alteration of habitat, or changes in * * * was completely exterminated We have no evidence to suggest that disturbance regimes (e.g., droughts, fire, when natives found that the trees were overutilization for commercial, storms, and hurricanes). However, the saleable to amateurs of gardening in recreational, scientific, or educational specific and cumulative effects of Honolulu.’’ Pritchardia has become one purposes poses a threat to 12 of the 13

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plant species, the picture-wing fly, or plants (this information is also delicate and rare species of orchids, the anchialine pool shrimp proposed for presented in Table 3): Bidens ferns, mints, lobeliads, and other taxa, listing in this rule. The plant species hillebrandiana ssp. hillebrandiana (pigs including roots, tubers and rhizomes Pritchardia lanigera is vulnerable to the and goats), B. micrantha ssp. (Stone and Anderson 1988, p. 137). impacts of overutilization due to ctenophylla (pigs and goats), Cyanea In addition, there are direct collection for trade or market. Based on marksii (pigs, cattle, and mouflon), observations of pig herbivory, on either the history of collection of endemic Cyanea tritomantha (pigs and cattle), the fresh seedlings, fruits, seeds, or Hawaiian Pritchardia spp., the market Cyrtandra nanawaleensis (pigs), leaves, on each of the 13 plant species for Hawaiian Pritchardia trees and Cyrtandra wagneri (pigs), Phyllostegia proposed for listing in this rule, seeds, and the inherent vulnerability of floribunda (pigs), Pittosporum including Bidens hillebrandiana ssp. the small populations of Pritcharidia hawaiiense (pigs, cattle, and mouflon), hillebrandiana (Bio 2011, pers. comm.), lanigera to the removal of individuals Platydesma remyi (pigs), Pritchardia B. micrantha ssp. ctenophylla (Bio 2011, (seeds), we consider collection to pose lanigera (pigs, goats, and mouflon), pers. comm.), Cyanea marksii (PEPP a serious and ongoing threat to this Schiedea diffusa ssp. macraei (pigs and 2010, p. 52; Bio 2011, pers. comm.), species. cattle), Schiedea hawaiiensis (pigs, Cyanea tritomantha (HBMP 2010f; PEPP goats, sheep, and mouflon), and 2010, p. 60), Cyrtandra nanawaleensis Factor C. Disease or Predation Stenogyne cranwelliae (pigs). In (Bio 2011, pers. comm.), Cyrtandra Disease addition, introduced ungulates are a wagneri (Lorence and Perlman 2007, p. threat to the picture-wing fly proposed 359; PEPP 2010, p. 63), Phyllostegia We are not aware of any threats to the floribunda (Perlman and Wood 1993— 13 plant species, anchialine pool for listing by grazing and browsing individuals of its host plant, Hawaii Plant Conservation Maps shrimp, or picture-wing fly, proposed database; Perry 2006, in litt.; Pratt for listing in this rule that would be Charpentiera spp. (pigs, goats, cattle, and mouflon). 2007b, in litt.; USFWS 2010, p. 4–66), attributable to disease. Pittosporum hawaiiense (Bio 2011, pers. We have direct evidence of ungulate comm.), Platydesma remyi (PEPP 2008, Predation and Herbivory damage to some of these species, but for p. 107), Pritchardia lanigera (Wood many, due to their remote locations or Hawaii’s plants and animals evolved 1995, in litt.; HBMP 2010c), Schiedea lack of study, ungulate damage is in nearly complete isolation from diffusa ssp. macraei (Wagner et al. continental influences. Successful presumed based on the known presence 2005d, p. 32), Schiedea hawaiiensis colonization of these remote volcanic of these introduced ungulates in the (Mitchell et al. 2005a; Wagner et al. islands was infrequent, and many areas where these species occur and the 2005d, p. 32; Bio 2011, pers. comm.), organisms never succeeded in results of studies conducted in Hawaii and Stenogyne cranwelliae (HBMP establishing populations. As an and elsewhere (Diong 1982, p. 160). 2010k). According to Magnacca et al. example, Hawaii lacks any native ants Magnacca et al. (2008, p. 32) and others (2008, p. 32) several of the host plants or conifers, has very few families of (Maui Forest Bird Recovery Project of Hawaiian picture-wing flies, birds, and has only a single native land 2011, in litt.) found that native plant including the host plant of the picture- mammal—a bat (Loope 1998, p. 748). In species such as the Hawaiian lobelioids wing fly (i.e., Charpentiera sp.) the absence of any grazing or browsing (e.g., Cyanea spp.) and plants in the proposed in this rule, are susceptible to mammals, plants that became African violet family (e.g., Cyrtandra damage from feral ungulates such as established did not need mechanical or spp.) are particularly vulnerable to pig pigs. As pigs occur in 9 of the 10 chemical defenses against mammalian disturbance. In a study conducted by ecosystems (coastal, lowland dry, herbivory such as thorns, prickles, and Diong (1982, p. 160) on Maui, feral pigs lowland mesic, lowland wet, montane production of toxins. As the were observed browsing on young dry, montane mesic, montane wet, dry evolutionary pressure to either produce shoots, leaves, and fronds of a wide cliff, and wet cliff) on Hawaii Island, the or maintain such defenses was lacking, variety of plants, of which over 75 results of the studies described above Hawaiian plants either lost or never percent were endemic species. A suggest that pigs can also alter these developed these adaptations (Carlquist stomach content analysis in this study ecosystems and directly damage or 1980, p. 173). Likewise, native Hawaiian showed that 60 percent of the pigs’ food destroy native plants. birds and insects experienced no source consisted of the endemic Feral goats thrive on a variety of food evolutionary pressure to develop anti- Cibotium (hapuu, tree fern). Pigs were plants, and are instrumental in the predator mechanisms against mammals observed to fell plants and remove the decline of native vegetation in many or invertebrates that were not bark from native plant species within areas (Cuddihy and Stone 1990, p. 64). historically present on the island. The the genera Cibotium, Clermontia, Feral goats trample roots and seedlings, native flora and fauna of the islands are Coprosma, Hedyotis, Psychotria, and cause erosion, and promote the invasion thus particularly vulnerable to the Scaevola, resulting in larger trees being of alien plants. They are able to forage impacts of introduced nonnative killed over a few months of repeated in extremely rugged terrain and have a species, as discussed below. feeding (Diong 1982, p. 144). Beach high reproductive capacity (Clarke and (1997, pp. 3–4) found that feral pigs in Cuddihy 1980, p. C–20; van Riper and Introduced Ungulates Texas spread disease and parasites, and van Riper 1982, pp. 34–35; Tomich In addition to the habitat impacts their rooting and wallowing behavior 1986, pp. 153–156; Cuddihy and Stone discussed above (see ‘‘Habitat led to spoilage of watering holes and 1990, p. 64). Goats were observed to Destruction and Modification by loss of soil through leaching and browse on native plant species in the Introduced Ungulates’’ under Factor A. erosion. Rooting activities also following genera: Argyroxiphium, The Present or Threatened Destruction, decreased the survivability of some Canavalia, Plantago, Schiedea, and Modification, or Curtailment of Its plant species through disruption at root Stenogyne (Cuddihy and Stone 1990, p. Habitat or Range), introduced ungulates level of mature plants and seedlings 64). A study on the island of Hawaii and their resulting impacts are a threat (Beach 1997, pp. 3–4; Anderson et al. demonstrated that Acacia koa seedlings to the 13 plant species in this proposal 2007, pp. 2–3). In Hawaii, pigs dig up are unable to survive due to browsing by grazing and browsing individual forest ground cover consisting of and grazing by goats (Spatz and

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Mueller-Dombois 1973, p. 874). If goats dry, montane mesic, montane wet, dry al. 2005d, pp. 31–32) and feral cattle are maintained at constantly high cliff, and wet cliff) on Hawaii Island, the still occur in the Kohala Mountains, the numbers, mature A. koa trees will results of the studies described above location of the only known individual of eventually die, and with them the root suggest that goats can also alter these this species. Between 1987 and 1994, systems that support suckers and ecosystems and directly damage or populations of Schiedea salicaria on vegetative reproduction. One study destroy native plants. West Maui were grazed so extensively demonstrated a positive height-growth Four of the plant species proposed for by cattle, all of the individuals of this response of A. koa suckers to the 3-year listing in this rule (Cyanea marksii, C. species in accessible areas disappeared exclusion of goats (1968–1971) inside a tritomantha, Pittosporum hawaiiense, by 1994 (Wagner et al. 2005d, p. 32). fenced area, whereas suckers were and Schiedea diffusa ssp. macraei), and Cattle are also known to browse the host similarly abundant but very small the host plant of the picture-wing fly plant of the proposed picture-wing fly outside of the fenced area (Spatz and (Charpentiera sp.), are impacted by (Charpentiera spp.) (Magnacca et al. Mueller-Dombois 1973, p. 873). Another browsing and grazing by feral cattle. 2008, p. 32; Magnacca 2011b, pers. study at Puuwaawaa demonstrated that Cattle, either feral or domestic, are comm.). As feral cattle occur in five of prior to management actions in 1985, considered one of the most significant the described ecosystems (anchialine regeneration of endemic shrubs and factors in the destruction of Hawaiian pool, lowland mesic, lowland wet, trees in the goat-grazed area was almost forests (Baldwin and Fagerlund 1943, montane mesic, and montane wet) on totally lacking, contributing to the pp. 118–122). Captain George Hawaii Island, the results of the studies invasion of the forest understory by Vancouver of the British Royal Navy is described above suggest that feral cattle exotic grasses and weeds. After the attributed with introducing cattle to the can also alter these ecosystems and removal of grazing animals in 1985, A. Hawaiian Islands in 1793 (Fischer 2007, directly damage or destroy native koa and Metrosideros spp. seedlings p. 350), by way of a gift to King plants. were observed germinating by the Kamehameha I on the island of Hawaii. Feral sheep browse and trample thousands (HDOFAW 2002, p. 52). Over time, cattle became established on native vegetation and have decimated Based on a comparison of fenced and all of the main Hawaiian Islands, and large areas of native forest and unfenced areas, it is clear that goats can historically feral cattle were found on shrubland (Tomich 1986, pp. 156–163; devastate native ecosystems (Loope et the islands of Kauai, Oahu, Molokai, Cuddihy and Stone 1990, p. 65–66). al. 1988, p. 277). Maui, Kahoolawe, and Hawaii. Large areas of Hawaii Island have been Currently, feral cattle are found only on devastated by sheep. For example, Goats seek out seedlings and juveniles Maui and Hawaii, typically in accessible sheep browsing reduced seedling of Bidens spp. (Bio 2011, pers. comm.), forests and certain coastal and lowland establishment of Sophora chrysophylla and are known to indiscriminately graze leeward habitats (Tomich 1986, pp. (mamane) so severely that it resulted in on and eat the seeds of native Hawaiian 140–144). a reduction of the tree line elevation on Pritchardia species (Chapin et al. 2004, In HVNP, Cuddihy reported that there Mauna Kea (Warner 1960 in Juvik and p. 274; Chapin et al. 2007, p. 20). The were twice as many native plant species Juvik 1984, pp. 191–202). Currently two known occurrences of the plant as nonnatives found in areas that had there is a large sheep-mouflon sheep Pritchardia lanigera are found in an been fenced to exclude feral cattle, hybrid population (see ‘‘Habitat unfenced area of the Kohala Mountains, whereas on the adjacent, nonfenced Destruction and Modification by where they are impacted by browsing cattle ranch, there were twice as many Introduced Ungulates’’ above) on Mauna and grazing by goats and other nonnative plant species as natives Kea that extends into the saddle and ungulates (Warshauer et al. 2009, pp. (Cuddihy 1984, pp. 16, 34). Skolmen northern part of Mauna Loa, and there 10, 24; Laws et al. 2010, in litt.). and Fujii (1980, pp. 301–310) found that are reports that these animals are Schiedea spp. are favored by grazing Acacia koa seedlings were able to destroying endangered plants (Hess goats, and goat browsing threatens the reestablish in a moist A. koa– 2008, p. 1). There are direct only known population of the plant Metrosideros polymorpha forest on observations of feral sheep herbivory on species Schiedea hawaiiensis (Wagner Hawaii Island after the area was fenced individuals of the only known et al. 2005d, p. 32; Chynoweth et al. to exclude feral cattle (Skolmen and occurrence of the plant species 2011, in litt.). In addition, there are Fujii 1980, pp. 301–310). Cattle eat Schiedea hawaiiensis at PTA (Mitchell direct observations of goat herbivory, on native vegetation, trample roots and et al. 2005a; U.S. Army Garrison 2006, either the fresh seedlings, fruit, seeds, or seedlings, cause erosion, create p. 34). As feral sheep occur in one of the leaves, of four of the plant species disturbed areas conducive to invasion described ecosystems (montane dry) on proposed for listing in this rule, by nonnative plants, and spread seeds of Hawaii Island, the results of the studies including Bidens hillebrandiana ssp. nonnative plants in their feces and on described above suggest that sheep can hillebrandiana (Bio 2011, pers. comm.), their bodies. Cattle have been observed also alter this ecosystem and directly B. micrantha ssp. ctenophylla (Bio 2011, accessing native plants in Hakalau NWR damage or destroy native plants. pers. comm.; Knoche 2011, in litt.), by breaking down ungulate exclosure Mouflon sheep graze native Pritchardia lanigera (Wood 1995, in fences (Tummons 2011, p. 4). In vegetation, trample undergrowth, spread litt.; Chapin et al. 2004, p. 274), and addition, there are direct observations of weeds, and cause erosion. On the island Schiedea hawaiiensis (Mitchell et al. cattle herbivory on three of the plant of Hawaii, mouflon sheep browsing led 2005a). According to Magnacca et al. species proposed in this rule, including to the decline in the largest population (2008, p. 32) several of the host plants Cyanea marksii (PEPP 2010, p. 52), C. of the endangered Argyroxiphium of Hawaiian picture-wing flies, tritomantha (PEPP 2010, p. 60), and kauense (kau silversword, Mauna Loa including the host plant of the picture- Pittosporum hawaiiense (Bio 2011, pers. silversword or ahinahina) located on the wing fly (i.e., Charpentiera sp.) comm.). In addition, although we have former Kahuku Ranch, reducing it from proposed in this rule, are susceptible to no direct observations, we also consider a ‘‘magnificent population of several damage from feral ungulates such as the plant Schiedea diffusa ssp. macraei thousand’’ (Degener et al. 1976, pp. goats. As goats occur in nine of the to be susceptible to herbivory by cattle 173–174) to fewer than 2,000 ecosystems (coastal, lowland dry, because cattle are reported to favor individuals (unpublished data in Powell lowland mesic, lowland wet, montane plants in the genus Schiedea (Wagner et 1992, in litt., p. 312) over a period of 10

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years (1974–1984). The native tree 1898, Lanai in 1920, and Maui in 1959, the endangered Gardenia brighamii Sophora chrysophylla is also a preferred and between 2010 and 2011, (nau) (Mehrhoff 1993, p. 11). Swedberg browse species for mouflon. According unauthorized releases occurred on and Walker (1978, cited in Anderson to Scowcroft and Sakai (1983, p. 495), Hawaii Island (Hess 2008, p. 2; Kessler 2003, pp. 124–125) reported that in the mouflon eat the shoots, leaves, flowers 2011, in litt.; Aila 2012a, in litt.). This upper forests of Lanai, the native plants and bark of this species. Bark stripping new introduction to Hawaii Island Osteomeles anthyllidifolia (ulei) and on the thin bark of a young tree is raises a significant concern due to the Leptecophylla tameiameiae (pukiawe) potentially lethal. Mouflon are also reported damage axis deer cause on the comprised more than 30 percent of axis reported to strip bark from Acacia koa island of Maui (see Factor A. The deer rumen volume. On Molokai trees (Hess 2008, p. 3) and to seek out Present or Threatened Destruction, browsing by axis deer has been reported the threatened plant Silene hawaiiensis Modification, or Curtailment of Its on Erythrina sandwicensis and (Benitez et al. 2008, p. 57). In the Habitat or Range above). Most of the Nototrichium sandwicense (kului) Kahuku section of HVNP, mouflon available information on axis deer in the (Medeiros et al. 1996, pp. 11, 19). Other jumped the park boundary fence and Hawaiian Islands concerns observations native plant species consumed by axis reduced one population of S. and reports from the island of Maui. On hawaiiensis to half its original size over Maui, axis deer were introduced by the deer include Achyranthes splendens a 3-year period (Belfield and Pratt 2002, State as a game animal, but their (NCN), Bidens campylotheca ssp. p. 8). Other native species browsed by numbers have steadily increased, pentamera (kookoolau) and B. mouflon include Geranium cuneatum especially in recent years on Haleakala campylotheca ssp. waihoiensis ssp. cuneatum (hinahina, silver (Luna 2003, p. 44). During the 4-year El (kookoolau), Chamaesyce celastroides geranium), G. cuneatum ssp. Nin˜ o drought from 1998 through 2001, var. lorifolia (akoko), Diospyros hypoleucum (hinahina, silver Maui experienced an 80 to 90 percent sandwicensis (lama), Geranium geranium), and Sanicula sandwicensis decline in shrub and vine species multiflorum (nohoanu; an endangered (NCN) (Benitez et al. 2008, pp. 59, 61). caused by deer browsing and girdling of species), Lipochaeta rockii var. dissecta On Lanai, mouflon were once cited as young saplings. High mortality of rare (nehe), Osmanthus sandwicensis one of the greatest threats to the and native plant species was observed (ulupua), Panicum torridum endangered Gardenia brighamii (Medeiros 2010, pers. comm.). Axis deer (kakonakona), and Santalum ellipticum (Mehrhoff 1993, p. 11), although fencing consume progressively less palatable (laau ala) (Anderson 2002, poster; has now proven to be an effective plants until no edible vegetation is left Perlman 2009, in litt., pp. 4–5). As mechanism against mouflon herbivory (Hess 2008, p. 3). Axis deer are highly demonstrated on the Islands of Lanai, on this plant (Mehrhoff 1993, pp. 22– adaptable to changing conditions, and Maui, and Molokai, axis deer will 23). Due to their high agility and are characterized as ‘‘plastic’’ (meaning spread into nine of the described reproductive rates, mouflon sheep have flexible in their behavior) by Ables the potential to occupy most ecosystems ecosystems (coastal, lowland dry, (1977, cited in Anderson 1999, p. 5). lowland mesic, lowland wet, montane found on Hawaii Island, from sea-level They exhibit a high degree of to very high elevations (Hess 2010, pers. dry, montane mesic, montane wet, dry opportunism regarding their choice of cliff, and wet cliff) on Hawaii Island if comm.; Ikagawa 2011, in litt.). Further, forage (Dinerstein 1987, cited in Ovis spp. are known throughout the not controlled. The newly established Anderson 1999, p. 5) and can be found axis deer partnership (see Factor A. The world for chewing vegetation right in all but the highest elevation Present or Threatened Destruction, down to the dirt (Ikagawa 2011, in litt.). ecosystems (subalpine and alpine) and Recent research by Ikagawa (2011, in Modification, or Curtailment of Its montane bogs, according to Medeiros litt.) suggests that the plant species (2010, pers. comm.). Habitat or Range, above) is currently Pritchardia lanigera occurs within the implementing an axis deer response and Axis deer on Maui follow a cycle of observed range of mouflon, and is removal plan, and just recently reported grazing and browsing in open lowland potentially impacted by mouflon their first confirmed removal on April grasslands during the rainy season browsing. In addition, there are direct 11, 2012 (Osher 2012, in litt.). In observations or reports that mouflon (November–March) and then migrate to the lava flows of montane mesic forests addition, there is a proposed revision to sheep browsing and grazing HRS 91 (see Factor A. The Present or significantly impact the plant species during the dry summer months to graze and browse native plants (Medeiros Threatened Destruction, Modification, Cyanea marksii, Pittosporum or Curtailment of Its Habitat or Range hawaiiense, and Schiedea hawaiiensis 2010, pers. comm.). Axis deer are and Factor D. The Inadequacy of (Bio 2011, pers. comm.; Pratt 2011e, in known to favor the native plants litt.), which are proposed for listing. The Abutilon menziesii (an endangered Existing Regulatory Mechanisms) that host plant (Charpentiera spp.) for the species), Erythrina sandwicensis would address the gap in the current picture-wing fly species appears to be (wiliwili), and Sida fallax (ilima) emergency rules authority and expand decreasing throughout its range due to (Medeiros 2010, pers. comm.). During the ability of State agencies to adopt impacts from mouflon browsing the driest months of summer (July and emergency rules to include situations (Science Panel 2005, pp. 1–23; August), axis deer can even be found that impose imminent threats to natural Magnacca 2011b, pers. comm.). As along Maui’s coastal roads as they resources (i.e., axis deer on Hawaii mouflon occur in five of the described search for food. Hunting pressure also Island). The results from the studies ecosystems (lowland wet, lowland appears to drive the deer into native above, combined with direct mesic, montane dry, montane mesic, forests, particularly the lower rainforests observations from field biologists, and montane wet) on Hawaii Island, the up to 4,000 to 5,000 ft (1,220 and 1,525 suggest that grazing and browsing by results of the studies described above m) in elevation (Medeiros 2010, pers. axis deer can impose negative impacts suggest that mouflon sheep can also comm.), and according to Kessler and to the nine ecosystems above and their alter these ecosystems and directly Hess (2010, pers. comms.) axis deer can associated native plants should this damage or destroy native plants. be found up to 9,000 ft (2,743 m) nonnative ungulate increase in numbers Axis deer were introduced as a game elevation. On Lanai, grazing by axis deer and range on Hawaii Island. animal to Molokai in 1868, Oahu by has been reported as a major threat to

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Other Introduced Vertebrates 67–69). Plants with fleshy fruits are Oahu, slugs have been reported to Rats particularly susceptible to rat predation, destroy Cyanea calycina and Cyrtandra including some of the species proposed kaulantha in the wild, and have been There are three species of introduced for listing here. For example, the fruits observed eating leaves and fruit of wild rats in the Hawaiian Islands. Studies of of plants in the bellflower family (e.g., and cultivated individuals of Cyanea Polynesian rat (Rattus exulans) DNA Cyanea spp.) appear to be a target of rat (Mehrhoff 1995, in litt.; Pratt and Abbott suggest they first appeared in the predation (Cuddihy and Stone 1990, pp. 1997, p. 13; U.S. Army Garrison 2006, Hawaiian Islands along with emigrants 67–69). In addition to both species of pp. 3–34, 3–51). In addition, slugs have from the Marquesas about 400 A.D., Cyanea (Cyanea marksii and Cyanea damaged individuals of other Cyanea with a second interaction around 1100 tritomantha), nine other species of and Cyrtandra species in the wild A.D (Ziegler 2002, p. 315). The black rat plants proposed for listing are (Wood et al. 2001, p. 3; Sailer and Keir (R. rattus) and the Norway rat (R. significantly impacted by rat predation, 2002, in litt., p. 3; PEPP 2007, p. 38; norvegicus) most likely arrived in the including Bidens hillebrandiana ssp. PEPP 2008, pp. 23, 49, 52–53, 57). Hawaiian Islands more recently, as hillebrandiana, B. micrantha ssp. Little is known about predation of stowaways on ships sometime in the ctenophylla (Bio 2011, pers. comm.), certain rare plants by slugs; however, late 19th century (Atkinson and Cyrtandra nanawaleensis, Cyrtandra information in the U.S. Army’s 2005 Atkinson 2000, p. 25). The Polynesian wagneri (Lorence and Perlman 2007, pp. ‘‘Status Report for the Makua rat and the black rat are primarily found 357–361; Bio 2011, pers. comm.), Implementation Plan’’ indicates that in the wild, in dry to wet habitats, while Pittosporum hawaiiense, Pritchardia slugs can be a threat to all species of the Norway rat is typically found in lanigera, Schiedea diffusa ssp. macraei, Cyanea (U.S. Army Garrison 2006, p. 3– manmade habitats such as urban areas Schiedea hawaiiensis, and Stenogyne 51). Research investigating slug or agricultural fields (Tomich 1986, p. cranwelliae (Cuddihy and Stone 1990, herbivory and control methods shows 41). The black rat is widely distributed pp. 67–69; Gon III and Tierney 1996, in that slug impacts on seedlings of Cyanea among the main Hawaiian Islands and litt.; Bio 2008, in litt.; Pratt 2008b, in spp. results in up to 80 percent seedling can be found in a broad range of litt.; Bio 2010, pers. comm.; HBMP mortality (U.S. Army Garrison 2006, p. ecosystems up to 9,744 ft (2,970 m), but 2010c; HBMP 2010f; HBMP 2010j; 3–51). Slug damage has also been it is most common at low-to mid- HBMP 2010k; PEPP 2010, pp. 101, 113; reported on other Hawaiian plants elevations (Tomich 1986, pp. 38–40). Pratt 2011f, in litt.). As rats occur in including Argyroxiphium grayanum While Sugihara (1997, p. 194) found (greensword), Alsinidendron sp., both the black and Polynesian rats up to nine of the described ecosystems (coastal, lowland dry, lowland mesic, Hibiscus sp., Schiedea kaalae 6,972 ft (2,125 m) elevation on Maui, the (maolioli), Solanum sandwicense Norway rat was not seen at the higher lowland wet, montane dry, montane mesic, montane wet, dry cliff, and wet (popolo aiakeakua), and Urera sp. elevations in his study. Rats occur in (Gagne 1983, p. 190–191; Sailer 2002 nine of the described ecosystems cliff) on Hawaii Island, the results from the above studies, in addition to direct cited in Joe 2006, pp. 28–34). (coastal, lowland dry, lowland mesic, Joe and Daehler (2008, p. 252) found observations from field biologists, lowland wet, montane dry, montane that native Hawaiian plants are more suggest that rats can directly damage or mesic, montane wet, dry cliff, and wet vulnerable to slug damage than destroy native plants. cliff), and predation by rats threatens 11 nonnative plants. In particular, they of the 13 plant species proposed for Nonnative Fish found that the individuals of the listing in this rule (rats are not a endangered plant Cyanea superba and reported threat to the proposed picture- In Hawaii, the introduction of nonnative fish, including bait-fish, into the plant Schiedea obovata had 50 wing fly or anchialine pool shrimp (see percent higher mortality when exposed anchialine pools may have been a major Table 3)). to slugs when compared to individuals contributor to the decline of native Rats impact native plants by eating of the same species that were protected shrimp. Predation by, and competition fleshy fruits, seeds, flowers, stems, within slug exclosures. Slug damage has with, introduced nonnative fish is leaves, roots, and other plant parts been documented on the plant considered the greatest threat to native (Atkinson and Atkinson 2000, p. 23), Stenogyne cranwelliae (HBMP 2010k). shrimp within anchialine pool and can seriously affect regeneration. As slugs are found in three of the ecosystems (Bailey-Brock and Brock Research on rats in forests in New described ecosystems (lowland wet, 1993, p. 354; Brock 2004, pp. 13–17). Zealand has also demonstrated that, montane wet, and wet cliff) on Hawaii These impacts are discussed further in over time, differential regeneration as a Island, the data from the above studies, Factor E. Other Natural or Manmade consequence of rat predation may alter in addition to direct observations from Factors Affecting Their Continued the species composition of forested field biologists, suggest that slugs can Existence below. areas (Cuddihy and Stone 1990, pp. 68– directly damage or destroy native 69). Rats have caused declines or even Invertebrates plants. the total elimination of island plant species (Campbell and Atkinson 1999, Nonnative Slugs Nonnative Western Yellow-Jacket cited in Atkinson and Atkinson 2000, p. Predation by nonnative slugs Wasps 24). In the Hawaiian Islands, rats may adversely impacts 5 of the 13 plant The western yellow-jacket consume as much as 90 percent of the species (Cyanea marksii, Cyanea (Vespula pensylvanica) is a social wasp seeds produced by some trees, or in tritomantha, Cyrtandra nanawaleensis, species native to the mainland of North some cases prevent the regeneration of Cyrtandra wagneri, and Stenogyne America. It was first reported from Oahu forest species completely (Cuddihy and cranwelliae; see Table 3) proposed for in the 1930s (Nishida and Evenhuis in Stone 1990, pp. 68–69). All three listing through mechanical damage, Sherley 2000, p. 121), and an aggressive species of rat (black, Norway, and destruction of plant parts, and mortality race became established in 1977 Polynesian) have been reported to be a (U.S. Army Garrison 2006, p. 3–51; Joe (Gambino et al. 1987, p. 170). This serious threat to many endangered or 2006, p. 10; Lorence and Perlman 2007, species is now particularly abundant threatened Hawaiian plants (Stone 1985, p. 359; Bio 2008, in litt.; Perlman and between 1,969 and 5,000 ft (600 and p. 264; Cuddihy and Stone 1990, pp. Bio 2008, in litt.; HBMP 2010k). On 1,524 m) in elevation (Gambino et al.

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1990, pp. 1,088–1,095; Foote and Carson (Montgomery 1975, pp. 74–75; occupy most of Hawaii’s habitat types, 1995, p. 371) on Kauai, Oahu, Molokai, Kaneshiro and Kaneshiro 1995, pp. 44– from coastal to subalpine ecosystems; Maui, Lanai, and Hawaii Island (GISD 45). However, several species of small however, many species are still 2012b). The western yellow-jacket wasp parasitic wasps (Family ), invading mid-elevation montane mesic is an aggressive, generalist predator including Diachasmimorpha tryoni forests, and few species have been able (Gambino et al. 1987, p. 170). In (NCN), D. longicaudata (NCN), Opius to colonize undisturbed montane wet temperate climates, the western yellow- vandenboschi (NCN), and Biosteres ecosystems (Reimer 1993, pp. 13–17). jacket wasp has an annual life cycle, but arisanus (NCN), were purposefully The lowland forests are a portal of entry in Hawaii’s tropical climate, colonies of introduced into Hawaii to control to the montane and subalpine this species persist through a second nonnative pest tephritid fruit flies ecosystems, and, therefore, because ants year, allowing them to have larger (Funasaki et al. 1988, pp. 105–160). are actively invading increasingly numbers of individuals and thus a These parasitic wasps are also known to elevated ecosystems, ants are more greater impact on prey populations attack other species of flies, including likely to occur in high densities in the (Gambino et al. 1987, pp. 169–170). In native flies in the family Tephritidae. lowland mesic and montane mesic Haleakala National Park on Maui, While these parasitic wasps have not ecosystems currently occupied by the western yellow-jacket wasps were found been recorded parasitizing Hawaiian picture-wing fly (Reimer 1993, pp. 13– to forage predominantly on native picture-wing flies and, in fact, may not 17). (Gambino et al. 1987, pp. successfully develop in Drosophilidae, The big-headed ant originated in 169–170; Gambino et al. 1990, pp. females will indiscriminately sting any central Africa (Krushelnycky et al. 2005, 1,088–1,095; Gambino and Loope 1992, fly larvae in their attempts to oviposit p. 24) and was first reported in Hawaii pp. 15–21). Western yellow-jacket (lay eggs), resulting in mortality of the in 1879 (Krushelnycky et al. 2005, p. wasps have also been observed carrying fly larvae (Evans 1962, pp. 468–483). 24). This species is considered one of and feeding upon recently captured the most invasive and widely Nonnative Ants adult Hawaiian Drosophila (Kaneshiro distributed ants in the world (Holway et and Kaneshiro 1995, pp. 40–45). These Ants are not a natural component of al. 2002, pp. 181–233; Krushelnycky et wasps are also believed to feed upon Hawaii’s fauna, and native al. 2005, p. 5). In Hawaii, this species picture-wing fly larvae within their host species evolved in the absence of is the most ubiquitous ant species plants (Carson 1986, pp. 3–9). In predation pressure from ants. Ants can found, from coastal to mesic habitat up addition, native picture-wing flies, be particularly destructive predators to 4,000 ft (1,219 m) in elevation, including the species in this proposed because of their high densities, including within the habitat areas of the rule, may be particularly vulnerable to recruitment behavior, aggressiveness, picture-wing fly proposed for listing in predation by wasps due to their lekking and broad range of diet (Reimer 1993, this rule. With few exceptions, native (male territorial defensive displays pp. 13–17). Ants can prey directly upon insects have been eliminated in habitats during courtship and mating) behavior native arthropods, exclude them where the big-headed ant is present and conspicuous courtship displays that through interference or exploitation (Gagne 1979, p. 81; Gillespie and can last for several minutes (Kaneshiro competition for food resources, or Reimer 1993, p. 22). Consequently, big- 2006, pers. comm.). The concurrent displace them by monopolizing nesting headed ants represent a threat to the arrival of the western yellow-jacket or shelter sites (Krushelnychy et al. picture-wing fly, in the lowland mesic wasp and decline of picture-wing fly 2005, p. 6). The threat of ant predation and montane mesic ecosystems (Reimer observations in some areas suggest that on the picture-wing fly species 1993, pp. 14, 17; Holway et al. 2002, pp. the wasp may have played a significant proposed for listing in this rule is 181–233; Daly and Magnacca 2003, pp. role in the decline of some of the amplified by the fact that most ant 9–10; Krushelnycky et al. 2005, p. 5). picture-wing fly populations, including species have winged reproductive The long-legged ant appeared in populations of the picture-wing fly adults (Borror et al. 1989, p. 738) and Hawaii in 1952, and now occurs on proposed for listing in this rule (Carson can quickly establish new colonies in Hawaii, Kauai, Maui, and Oahu (Reimer 1986, pp. 3–9; Foote and Carson 1995, additional suitable habitats (Staples and et al. 1990, p. 42; http://www.antweb.org p. 371; Kaneshiro and Kaneshiro 1995, Cowie 2001, p. 55). These attributes 2011). It inhabits low-to-mid-elevation pp. 40–45; Science Panel 2005, pp. 1– allow some ants to destroy otherwise (less than 2,000 ft (600 m)), rocky areas 23). As the western yellow-jacket wasp geographically isolated populations of of moderate rainfall (less than 100 in is widespread within three ecosystems native arthropods (Nafus 1993, pp. 19, (250 cm) annually) (Reimer et al. 1990, (lowland mesic, montane mesic, and 22–23). p. 42). Although surveys have not been wet ecosystems) on Hawaii Island in At least 47 species of ants are known conducted to ascertain this species’ which the two known occurrences of to be established in the Hawaiian presence in the two known sites the proposed picture-wing fly occur, the Islands (Krushelnycky 2008, pp. 1–11), occupied by the picture-wing fly, we results from the studies above, in and at least 4 particularly aggressive believe that the long-legged ant likely addition to observations by field species (the big-headed ant (Pheidole occurs within the lowland mesic biologists, suggest that western yellow- megacephala), the long-legged ant (also ecosystem that supports the picture- jacket wasps can directly kill known as the yellow crazy ant) wing fly due to the ant’s aggressive individuals of the picture-wing fly (Anoplolepis gracilipes), Solenopsis nature and ability to spread and (Foote and Carson 1995, p. 371; papuana (NCN), and Solenopsis colonize new locations (Foote 2008, Kaneshiro and Kaneshiro 1995, pp. 40– geminata (NCN)) have severely pers. comm.). Direct observations 45; Science Panel 2005, pp. 1–23). impacted the native insect fauna, likely indicate Hawaiian arthropods are including native picture-wing flies susceptible to predation by this species; Nonnative Parasitoid Wasps (Reimer 1993, pp. 13–17). Numerous Gillespie and Reimer (1993, p. 21) and The number of native parasitic other species of ants are recognized as Hardy (1979, pp. 37–38) documented (parasitic wasps) in threats to Hawaii’s native invertebrates, the complete extirpation of several Hawaii is limited, and only species in and an unknown number of new species native insects within the Kipahulu area the family Eucoilidae are known to use are established every few years (Staples on Maui after this area was invaded by Hawaiian picture-wing flies as hosts and Cowie 2001, p. 53). As a group, ants the long-legged ant. Lester and Tavite

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(2004, p. 391) found that long-legged increase fruit fly mortality in field picture-wing fly that occurs from 2,000 ants in the Tokelau Atolls (New studies in Hawaii (Wong and Wong ft to 4,500 ft (610 m to 1,372 m) in Zealand) can form very high densities in 1988, p. 175). In addition to predation, elevation, in the lowland mesic, a relatively short period of time with S. geminata workers tend honeydew- montane mesic, and montane wet locally serious consequences for producing members of the Homoptera ecosystems (Science Panel 2005, pp. 1– invertebrate diversity. Densities of 3,600 suborder, especially mealybugs, which 23; Magnacca 2011b, pers. comm.). individuals collected in pitfall traps can impact plants directly and The rarity or disappearance of native within a 24-hour period were observed, indirectly through the spread of disease picture-wing fly species, including the as well as predation upon invertebrates (Manaaki Whenua Landcare Research species in this proposed rule, from ranging from crabs to other ant species. 2012—Ant Distribution Database). historical observation sites over the past On Christmas Island in the Indian Solenopsis geminata was included 100 years is due to a variety of factors. Ocean, numerous studies have among the eight species ranked as While there is no documentation that documented the range of impacts to having the highest potential risk to New conclusively ties the decrease in native invertebrates, including the red Zealand in a detailed pest risk picture-wing fly observations to the land crab (Gecarcoidea natalis), as a assessment for the country (GISD establishment of nonnative ants in result of predation by supercolonies of 2012c), and is included as one of five lowland mesic, montane mesic, and the long-legged ant (Abbott 2006, p. ant species listed among the ‘‘100 of the montane wet ecosystems on Hawaii 102). Long-legged ants have the World’s Worst Invaders’’ (Manaaki Island, the presence of nonnative ants in potential as predators to profoundly Whenua Landcare Research 2012—Ant these habitats and the decline of affect the endemic insect fauna in Distribution Database). Although picture-wing fly observations in some territories they occupy. Studies surveys have not been conducted to areas in these habitats suggest that comparing insect populations at ascertain this species’ presence in either nonnative ants may have played a role otherwise similar ant-infested and ant- of the two sites occupied by the picture- in the decline of some populations of free sites found extremely low numbers wing fly, because of the ant’s expanding the picture-wing fly proposed for listing of large endemic noctuid moth larvae range and its widespread occurrence in in this rule. As nonnative predatory ants (Agrotis spp. and Peridroma spp.) in coastal, lowland dry, and lowland mesic are found in three of the described ant-infested areas. Nests of habitats, it is a potential threat to the ecosystems (lowland mesic, montane groundnesting cottelid bees picture-wing fly in the lowland mesic mesic, and montane wet) on Hawaii (Nesoprosopis spp.) were eliminated ecosystem. Island in which the picture-wing fly from ant-infested sites (Reimer et al. occurs, the data from the above studies, The Argentine ant (Iridomyrmex 1990, p. 42). Although only cursory in addition to direct observations from humilis) was discovered on the island of observations exist in Hawaii (Reimer et field biologists, suggest that nonnative Oahu in 1940, and is now established al. 1990, p. 42), we believe long-legged predatory ants contribute to the on all the main Hawaiian Islands ants are a threat to the proposed picture- reduction in range and abundance of the (Reimer et al. 1990, p. 42). Argentine wing fly in the lowland mesic picture-wing fly (Science Panel 2005, ants do not disperse by flight. Instead ecosystem. pp. 1–23). Solenopsis papuana is the only colonies are moved about with soil and Two-Spotted Leaf Hopper abundant, aggressive ant that has construction material. The Argentine invaded intact mesic to wet forest, as ant is found from coastal to subalpine Predation by the two-spotted leaf- well as coastal and lowland dry ecosystems on the island of Maui, and hopper (Sophonia rufofascia) has been habitats. This species occurs from sea on the slopes of Mauna Loa, in the reported on plants in the genus level to over 2,000 ft (600 m) on all of lowland mesic and montane mesic Pritchardia throughout the main the main Hawaiian Islands, and is still ecosystems on Hawaii Island, the Hawaiian Islands and may be a threat to expanding its range (Reimer 1993, p. location of one of the two occurrences the plant Pritchardia lanigera proposed 14). Although surveys have not been of the picture-wing fly (Hartley et al. for listing in this rule (Chapin et al. conducted to ascertain this species’ 2010, pp. 83–94; Krushelnychy and 2004, p. 279). This nonnative insect presence in either of the two known Gillespie 2010, pp. 643–655). The damages the leaves it feeds on, typically sites occupied by the picture-wing fly, Argentine ant has been documented to causing chlorosis (yellowing due to because of the ant’s expanding range reduce populations, or even eliminate disrupted chlorophyll production) to and its widespread occurrence in native arthropods in Haleakala National browning and death of foliage (Jones et coastal, lowland dry, and lowland mesic Park on Maui (Cole et al. 1992, pp. al. 2000, pp. 171–180). The damage to habitats, we believe S. papuana is a 1313–1322). On Maui, Argentine ants plants can result in the death of affected threat to the picture-wing fly in the are significant predators on pest fruit leaves or the whole plant, owing to the lowland mesic and montane mesic flies (Wong et al. 1984, pp. 1454–1458), combined action of its feeding and ecosystems. and Krushelychy and Gillespie (2010, oviposition behavior (Alyokhin et al. Like Solenopsis papuana, S. geminata pp. 643–655) found that Argentine ants 2004, p. 1). In addition to the is also considered a significant threat to on Hawaii Island are associated with the mechanical damage caused by the native invertebrates (Gillespie and decline of an endemic phorid fly feeding process, the insect may Reimer 1993, pp. 21–33) and occurs on (Megaselia sp.). Krushelychy and introduce plant pathogens that lead to all the main Hawaiian Islands (Reimer Gillespie (2010, pp. 643–655) suggest eventual plant death (Jones et al. 2006, et al. 1990, p. 42; Loope and that ants severely impact larval stages of p. 2). The two-spotted leafhopper is a Krushelnycky 2007, p. 70). Found in many flies. While we are not aware of highly polyphagous insect (it feeds on drier areas of the Hawaiian Islands, it documented occurrences of predation many different types of food). Sixty- has displaced Pheidole megacephala as by Argentine ants on picture-wing flies, eight percent of its recorded host plant the dominant ant in some areas (Wong including the species proposed for species in Hawaii are fruit, vegetable, and Wong 1988, p. 175). Known to be listing, these ants are considered to be and ornamental crops, and 22 percent a voracious, nonnative predator in many a threat to native arthropods located at are endemic plants, over half of which areas to where it has spread, the species higher elevations (Cole et al. 1992, pp. are rare and endangered (Alyokhin et al. was documented to significantly 1313–1322) and thus potentially to the 2004, p. 6). Its range is limited to below

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4,000 ft (1,219 m) in elevation, unless islands (Spatz and Mueller-Dombois 2011b, pers. comm.), which results in there is a favorable microclimate. While 1973, p. 874; Diong 1982, p. 160; reduced natural regeneration of the there has been a dramatic reduction in Cuddihy and Stone 1990, p. 67). plants (Beaver 1987, p. 11; Magnacca the number of two-spotted leafhopper (2) Nonnative rats and slugs cause 2005, in litt.; Science Panel 2005, pp. 1– populations between 2005 and 2007 mechanical damage to plants and 23). (possibly due to egg parasitism), this destruction of plant parts (branches, These threats are serious and ongoing, nonnative insect has not been fruits, and seeds), and are considered a act in concert with other threats to the eradicated, and predation by this threat to 11 of the 13 plant species species, and are expected to continue or nonnative insect remains a threat proposed for listing (see Table 3). All of increase in magnitude and intensity into (Fukada 2007, in litt.). Chapin et al. the plants and the picture-wing fly the future without effective management (2004, p. 279) believe that constant proposed for listing are impacted by actions to control or eradicate them. In monitoring of both wild and cultivated either introduced ungulates, as noted in addition, negative impacts to native Pritchardia populations will be item (1) above, or nonnative rats and Hawaiian plants on Hawaii Island from necessary to abate this threat. slugs, or both. grazing and browsing by axis deer are (3) Predation of adults and larvae of Nonnative Beetles likely should this nonnative ungulate Hawaiian picture-wing flies by the increase in numbers and range on the The Hawaiian Islands now support western yellow-jacket wasp has been island. The combined threat of ungulate, several species of nonnative beetles observed, and it has been suggested that rat, and invertebrate predation on native (family Scolytidae, genus Coccotrypes), wasp predation has played a significant Hawaiian flora and fauna suggests the a few of which bore into and feed on the role in the dramatic declines of some need for immediate implementation of nuts produced by certain native and populations of picture-wing flies recovery and conservation actions. nonnative palm trees, including those in (Carson 1986, pp. 3–9; Foote and Carson the genus Pritchardia (Swezey 1927, in 1995, p. 371; Kaneshiro and Kaneshiro Factor D. The Inadequacy of Existing litt.; Science Panel 2005, pp. 1–23; 1995, pp. 40–45; Science Panel 2005, Regulatory Mechanisms Magnacca 2011b, pers. comm.). Species pp. 1–23). Because western yellow- Feral Ungulates of Coccotrypes beetles prefer trees with jacket wasps are found in the three large seeds, like those of Pritchardia ecosystems in which the picture-wing Nonnative ungulates pose a major spp. (Beaver 1987, p. 11). Trees of fly is found, and western yellow-jacket ongoing threat to all 13 plant species, Pritchardia spp. drop their fruit before wasps are known to prey on picture- and to the picture-wing fly, through the fruit reaches maturity due to the wing flies, we consider predation by the destruction and degradation of boring action of the Coccotrypes spp. western yellow-jacket wasp to be a terrestrial habitat, and through direct Beetles, thereby reducing natural serious and ongoing threat to Drosophila predation of the 13 plant species (see regeneration in the wild (Beaver 1987, digressa. Table 3). In addition, nonnative p. 11; Magnacca 2005, in litt.; Science (4) Parasitic wasps purposefully ungulates (feral goats and cattle) pose an Panel 2005, pp. 1–23). The threat from introduced to Hawaii to control ongoing threat to the anchialine pool Coccotrypes spp. beetles on Pritchardia nonnative pest fruit flies will shrimp through destruction and spp. in Hawaii is expected to increase indiscriminately sting any fly larvae degradation of its anchialine pool with time if the beetles are not when attempting to lay their eggs. habitat. Feral goats and cattle trample controlled (Richardson 2011, pers. Predation by one or more of these and forage on both native and nonnative comm.). Although Pritchardia spp. are nonnative parasitic wasps is a plants around and near the pool long-lived (up to 100 years), over time, potentially serious threat to Drosophila opening at Lua O Palahemo, and Coccotrypes spp. beetles may severely digressa. increase erosion around the pool and impact Hawaiian species of Pritchardia, (5) Picture-wing flies are vulnerable to sediment entering the pool. The State of including Pritchardia lanigera, which is predation by ants, and the range of Hawaii provides game mammal (feral proposed for listing in this rule. Drosophila digressa overlaps that of pigs, goats, cattle, sheep, and mouflon particularly aggressive, nonnative sheep) hunting opportunities on 42 Summary of Factor C predatory ant species that currently State-designated public hunting areas We are unaware of any information occur from sea level to the montane on the island of Hawaii (H.A.R. 13–123; that indicates that disease is a threat to mesic ecosystem (over 3,280 ft (1,000 m) Mello 2011, pers. comm.). The State’s any of the 15 species proposed for elevation) on all of the main Hawaiian management objectives for game listing in this rule. Islands. We therefore consider predation animals range from maximizing public We consider predation by nonnative by these nonnative ants to be a threat to hunting opportunities (e.g., ‘‘sustained animal species (pigs, goats, cattle, Drosophila digressa. yield’’) in some areas to removal by sheep, mouflon sheep, rats, slugs, (6) The plant Pritchardia lanigera is State staff, or their designees, in other wasps, ants, the two-spotted leaf vulnerable to predation by nonnative areas (H.A.R. 13–123). Ten of the 13 hopper, and beetles) to pose an ongoing invertebrates. The two-spotted plant species (Cyanea marksii, Cyanea threat to all 13 plant species and the leafhopper has been observed on plants tritomantha, Cyrtandra nanawaleensis, picture-wing fly proposed for listing in the genus Pritchardia throughout the Cyrtandra wagneri, Phyllostegia throughout their ranges for the main Hawaiian Islands, and poses a floribunda, Pittosporum hawaiiense, following reasons: threat to Pritchardia lanigera (Chapin et Platydesma remyi, Pritchardia lanigera, (1) Observations and reports have al. 2004, p. 279). Two-spotted Schiedea hawaiiensis, and Stenogyne documented that pigs, goats, cattle, leafhopper damage results in the death cranwelliae) and the picture-wing fly sheep, and mouflon sheep browse and of affected leaves or the entire plant have occurrences in areas where trample all 13 proposed plant species (Alyokhin et al. 2004, p. 1). terrestrial habitat may be manipulated and the host plants of the picture-wing (7) Several species of nonnative for game enhancement and where game fly (see Table 3), in addition to other beetles (Coccotrypes spp.) bore into and populations are maintained at studies demonstrating the negative feed upon the seeds of the native palm prescribed levels using public hunting impacts of ungulate browsing and genus Pritchardia (Swezey 1927, in litt.; (Perlman et al. 2001, in litt.; Perlman et trampling on native plant species of the Science Panel 2005, pp. 1–23; Magnacca al. 2004, in litt.; Lorence and Perlman

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2007, pp. 357–361; PEPP 2007, p. 61; to Hawaii, especially insects or plant and comprehensive arguments for both Pratt 2007a, in litt.; Pratt 2007b, in litt.; diseases not yet known to be present in agricultural and conservation issues are Benitez et al. 2008, p. 58; Agorastos the State (HDOA 2009). The U.S. provided; however, this exemption 2010, in litt.; HBMP 2010c; HBMP Department of Homeland Security- procedure operates on a case-by-case 2010e; HBMP 2010f; HBMP 2010g; Customs and Border Protection (CBP) is basis. Therefore, that avenue may only HBMP 2010h; HBMP 2010i; HBMPk; responsible for inspecting commercial, provide minimal protection against the PEPP 2010, p. 63; Bio 2011, pers. private, and military vessels and large diversity of foreign pests that comm.; Evans 2011, in litt.; Perry 2011, aircraft, and related cargo and threaten Hawaii. in litt.; Magnacca 2011b, pers. comm.; passengers arriving from foreign Adequate staffing, facilities, and H.A.R. 13–123). Public hunting areas are locations. Customs and Border equipment for Federal and State pest not fenced, and game mammals have Protection focuses on a wide range of inspectors and identifiers in Hawaii unrestricted access to most areas across quarantine issues involving non- devoted to invasive species interdiction the landscape, regardless of underlying propagative plant materials (processed are critical biosecurity gaps (HLRB land-use designation. While fences are and unprocessed); wooden packing 2002, pp. 1–14; USDA–APHIS–PPQ sometimes built to protect areas from materials, timber, and products; 2010, pp. 1–88; CGAPS 2009, pp. 1–14). game mammals, the current number and internationally regulated commercial State laws have recently been passed locations of fences are not adequate to species under the Convention on that allow the HDOA to collect fees for prevent habitat degradation and International Trade in Endangered quarantine inspection of freight entering destruction for 14 of the 15 species, and Species of Wild Fauna and Flora Hawaii (e.g., Act 36 (2011) H.R.S. 150A– the direct predation of the 13 plant (CITES); seeds and plants listed as 5.3). Legislation passed and enacted on species on Hawaii Island (see Table 3). noxious; soil; and pests of concern to July 8, 2011 (H.B. 1568), now requires However, the State game animal the greater United States, such as pests commercial harbors and airports in regulations are not designed nor of mainland U.S. forests and agriculture. Hawaii to provide biosecurity and intended to provide habitat protection, The U.S. Department of Agriculture- inspection facilities to facilitate the and there are no other regulations Animal and Plant Health Inspection movement of cargo through the ports. designed to address habitat protection Service-Plant Protection and Quarantine This enactment is a significant step from ungulates. (USDA–APHIS–PPQ) inspects toward optimizing the biosecurity The capacity of Federal and State propagative plant material, provides capacity in the State of Hawaii; agencies and their nongovernmental identification services for arriving however, only time will determine the partners in Hawaii to mitigate the effects plants and pests, conducts pest risk true effectiveness of this Act (Act of introduced pests, such as ungulates assessments, trains CBP personnel, 202(11)). From a Federal perspective, and weeds, is limited due to the large conducts permitting and preclearance there is a need to ensure that all civilian number of taxa currently causing inspections for products originating in and military port and airport operations damage (Coordinating Group on Alien foreign countries, and maintains a pest and construction are in compliance with Pest Species (CGAPS) 2009). Many database that, again, has a focus on pests the Act. The introduction of new pests invasive weeds established on Hawaii of wide concern across the United to the State of Hawaii is a significant Island have currently limited but States. The Service inspects arriving risk to federally listed species. expanding ranges and are of concern. wildlife products, with the goal of Nonnative Animal Species Resources available to reduce the spread enforcing the injurious wildlife of these species and counter their provisions of the Lacey Act (18 U.S.C. Vertebrate Species negative ecological effects are limited. 42; 16 U.S.C. 3371 et seq.), and CITES. Control of established pests is largely The State of Hawaii’s laws prohibit focused on a few invasive species that The State of Hawaii’s unique the importation of all animals unless cause significant economic or biosecurity needs are not recognized by they are specifically placed on a list of environmental damage to public and Federal import regulations. Under the allowable species (HLRB 2002, pp. 1– private lands. Comprehensive control of USDA–APHIS–PPQ’s commodity risk 109; CGAPS 2010, pp. 1–14). The an array of invasive pests and assessments for plant pests, regulations importation and interstate transport of management to reduce disturbance are based on species considered threats invasive vertebrates is federally regimes that favor certain invasive to the mainland United States and do regulated by the Service under the species remains limited in scope. If not address many species that could be Lacey Act as ‘‘injurious wildlife’’ ¥ current levels of funding and regulatory pests in Hawaii (Hawaii Legislative (Fowler et al. 2007, pp. 353 359); the support for invasive species control are Reference Bureau (HLRB) 2002, pp. 1– list of vertebrates considered ‘‘injurious maintained on Hawaii Island, the 109; USDA–APHIS–PPQ 2010, pp. 1–88; wildlife’’ is provided at 50 CFR 16. Service expects existing programs to CGAPS 2009, pp. 1–14). Interstate However, the law in its current form has continue to exclude or, on a very commerce provides the pathway for limited effectiveness in preventing limited basis, control invasive species invasive species and commodities invasive vertebrate introductions into only in high-priority areas. Threats from infested with non-Federal quarantine the State of Hawaii. On June 21, 2012, established pests (e.g., nonnative pests to enter Hawaii. Pests of a new State law, Act 144 (‘‘Relating to ungulates, weeds, and invertebrates) are quarantine concern for Hawaii may be Wildlife’’) was signed into law. This Act ongoing and expected to continue into intercepted at Hawaiian ports by prohibits the interisland possession, the future. Federal agents, but are not always acted transfer, transport, or release after on by them because these pests are not transport of wild or feral deer, and Introduction of Nonnative Species regulated under Federal mandates. establishes mandatory fines. On June 21, Currently, four agencies are Hence, Federal protection against pest 2012, Act 149 (‘‘Relating to Emergency responsible for inspection of goods species of concern to Hawaii has Rules for Threats to Natural Resources arriving in Hawaii (CGAPS 2009). The historically been inadequate. It is or the Health of the Environment’’) was Hawaii Department of Agriculture possible for the USDA to grant Hawaii also signed into State law. Act 149 (HDOA) inspects domestic cargo and protective exemptions under the expands the ability of State agencies to vessels, and focuses on pests of concern ‘‘Special Local Needs Rule,’’ when clear adopt emergency rules to address

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situations that impose imminent threats APHIS–PPQ’s Restricted Plants List The Lua O Palahemo anchialine pool to natural resources (Aila 2012a, in litt.; restrict the import of a limited number is located in a remote, largely Martin 2012, in litt.). However, the of noxious weeds. If not specifically undeveloped area, but is well known effectiveness of these two recently prohibited, current Federal regulations and frequently visited by residents and enacted laws has not yet been allow plants to be imported from visitors for recreational opportunities, as demonstrated. international ports with some indicated by the numerous off-road vehicle tracks around the pool (USFWS Invertebrate Species restrictions. The Federal Noxious Weed List (see 7 CFR 360.200) includes few of 2012 in litt.; Richardson 2012, in litt., Predation by nonnative invertebrate the many globally known invasive pp. 1–2). As of the 2010 survey, a sign pests (slugs, wasps, ants, leafhoppers, plants, and plants in general do not posted near Lua O Palahemo indicates and beetles) threaten 6 of the 13 the require a weed risk assessment prior to that individuals who disturb the site are plant species and the picture-wing fly importation from international ports. subject to fines under Haw. Rev. Stat. 6E (see Table 3). It is likely that the The USDA–APHIS–PPQ is in the (Hawaii’s State Historic Preservation introduction of most nonnative process of finalizing rules to include a Act (SHPA)). This statute makes it invertebrate pests to the State has been weed risk assessment for newly unlawful for any person to take, and continues to be accidental and imported plants. Although the State has appropriate, excavate, injure, destroy, or incidental to other intentional and general guidelines for the importation of alter any historic property or aviation permitted activities. Although Hawaii plants, and regulations are in place artifact located upon lands owned or State government and Federal agencies regarding the plant crops mentioned controlled by the State or any of its have regulations and some controls in above, the intentional or inadvertent political subdivisions, except as place (see above), the introduction and introduction of nonnative plants outside permitted by the State. Violators are movement of nonnative invertebrate the regulatory process and movement of subject to fines of not less than $500 nor pest species between islands and from species between islands and from one more than $10,000 for each separate one watershed to the next continues. watershed to the next continues, which offense. However, sometime between For example, an average of 20 new alien represents a threat to native flora for the the 2010 survey and the June 2012 visit invertebrate species have been reasons described above. In addition, by Service biologists, the sign had been introduced to Hawaii per year since government funding is inadequate to removed (Richardson 2012, in litt., pp. 1970, an increase of 25 percent over the provide for sufficient inspection 1–2). Vetericaris chaceorum is not previous totals between 1930 and 1970 services and monitoring. protected under Hawaii’s endangered (The Nature Conservancy of Hawaii species law (Haw. Rev. Stat. Sect. 195– In 1995, the Coordinating Group on (TNCH) 1992, p. 8). Existing regulatory D). mechanisms therefore appear Alien and Plant Species (CGAPS), a On the basis of the above information, inadequate to ameliorate the threat of partnership comprised primarily of existing State and Federal regulatory introductions of nonnative managers from every major Federal, mechanisms are not adequately invertebrates, and we have no evidence State, County, and private agency and preventing the introduction of to suggest that any changes to these organization involved in invasive nonnative species to Hawaii via regulatory mechanisms are anticipated species work in Hawaii, facilitated the interstate and international in the future. formation of the Hawaii Invasive mechanisms, or intrastate movement of Species Council (HISC), which was Nonnative Plant Species nonnative species between islands, created by gubernatorial executive order watersheds, and anchialine pools in Nonnative plants destroy and modify in 2002, to coordinate local initiatives Hawaii, and thus do not adequately habitat throughout the ranges of 14 of for the prevention and control of protect 14 of the 15 species (all except the 15 species proposed for listing in invasive species by providing policy- the anchialine pool shrimp) proposed this rule (see Table 3, above). As such, level direction and planning for the for listing in this proposed rule from the they represent a serious and ongoing State departments responsible for threat of new introductions of nonnative threat to each of these species. In invasive species issues. In 2003, the species, or from and the continued addition, nonnative plants have been Governor signed into law Act 85, which expansion of nonnative species shown to outcompete native plants and conveys statutory authority to the HISC populations on and between islands, convert native-dominated plant to continue to coordinate approaches watersheds, and anchialine pools. communities to nonnative plant among the various State and Federal Nonnative species may prey upon, communities (see ‘‘Habitat Destruction agencies, and international and local modify, or destroy habitat, or directly and Modification by Nonnative Plants’’ initiatives for the prevention and compete with one or more of the 14 above). control of invasive species (HDLNR species for food, space, and other The State of Hawaii allows the 2003, p. 3–15; HISC 2009; H.R.S. 194– necessary resources. The impacts from importation of most plant taxa, with 2(a)). Some of the recent priorities for these introduced threats are ongoing limited exceptions, if shipped from the HISC include interagency efforts to and are expected to continue into the domestic ports (HLRB 2002; USDA– control nonnative species such as the future. APHIS–PPQ 2010; CGAPS 2010). plants Miconia calvescens (miconia) and We do not believe that existing Hawaii’s plant import rules (H.A.R. 4– Cortaderia spp. (pampas grass), coqui regulatory mechanisms provide 70) regulate the importation of 13 plant frogs (Eleutherodactylus coqui), and adequate protection for the anchialine taxa of economic interest; regulated ants (HISC 2009). However, in early pool shrimp, Vetericaris chaceorum, crops include pineapple, sugarcane, 2009, HISC projected that, due to a from the intentional dumping of trash palms and pines. Certain horticultural tighter economy in Hawaii and and introduction of nonnative fish into crops (e.g., orchids) may require import anticipated budget cuts in State funding Lua O Palahemo (see Factor E. Other permits and have pre-entry support of up to 50 percent, there will Natural or Manmade Factors Affecting requirements that include treatment or be a serious setback in conservation Their Continued Existence). Existing quarantine or both, prior to or following achievements, and the loss of regulatory mechanisms are therefore entry into the State. The State noxious experienced, highly trained staff (HISC inadequate to ameliorate the threat of weed list (H.A.R. 4–68) and USDA– 2009). introductions of trash and nonnative

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fish into Lua O Palahemo, and we have Factor E. Other Natural or Manmade drive anchialine species out of the no evidence to suggest that any changes Factors Affecting Their Continued lighted, higher productivity portion of to these regulatory mechanisms are Existence the pools, into the surrounding water anticipated in the future. Other factors threatening some or all table bed rock, subsequently leading to the decimation of the benthic Summary of Inadequacy of Existing of the 15 species include dumping of community structure of the pool (Brock Regulatory Mechanisms trash and the introduction of nonnative fish, small numbers of populations and 2004, p. iii). In addition, nonnative fish The State’s current management of small population sizes, hybridization, prey on and exclude native hypogeal nonnative game mammals is inadequate lack of or declining regeneration, loss of shrimp that are usually a dominant and to prevent the degradation and host plants, and other activities. Each essential (Brock 2004, p. 16) faunal destruction of habitat of the 13 plant threat is discussed in detail below, component of anchialine pool species, and the picture-wing fly (Factor along with identification of which ecosystems (Bailey-Brock and Brock A. The Present or Threatened species are affected by these threats. 1993, pp. 338–355). The loss of the Destruction, Modification, or shrimp changes ecological succession Curtailment of Its Habitat or Range), Dumping of Trash and Introduction of by reducing herbivory of macroalgae, and to prevent predation of all 13 plant Nonnative Fish allowing an overgrowth and change of species (Factor C. Disease or Predation). The depressional features of pool flora. This overgrowth changes the Existing State and Federal regulatory anchialine pools make them susceptible system from clear, well-flushed basins mechanisms are not effectively to dumping. Refuse found in degraded to a system characterized by heavy preventing the introduction and spread pools and pools that have been filled in sedimentation and poor water exchange, of nonnative species from outside the with rubble have been dated to about which increases the rate of pool State of Hawaii and between islands and 100 years old, and the practice senescence (Brock 2004, p. 16). watersheds within the State of Hawaii. continues today (Brock 2004, p. 15). Lua Nonnative fish, unlike native fish, are Habitat-altering nonnative plant species O Palahemo is located approximately able to complete their life cycles within (Factor A. The Present or Threatened 558 ft (170 m) from a sandy beach anchialine habitats, and remain a Destruction, Modification, or frequented by visitors who fish and permanent detrimental presence in all Curtailment of Its Habitat or Range) and swim. In addition, there are multiple pools in which they are introduced predation by nonnative animal species dirt roads that surround the pool (Brock 2004, p. 16). In Hawaii, the most (Factor C. Disease or Predation) pose a making it highly accessible. Plastic bags, frequently illegally introduced fish are major ongoing threat to all 15 species paper, fishing line, water bottles, soda in the Poeciliidae family (freshwater proposed for listing in this proposed cans, radios, barbed wire, and a bicycle fish which bear live young) and include rule. have been documented within the pool mosquito fish, various mollies (Poecilia Existing State and Federal regulatory (Kensley and Williams 1986, pp. 417– spp.), and tilapia, which prey on and mechanisms do not provide adequate 418; Bozanic 2004, p. 1; Wada 2010, in exclude native hypogeal shrimp such as protection for the anchialine pool litt). Physical trash is likely to increase the herbivorous species upon which shrimp, Vetericaris chaceorum, from the the accumulation of sediment in the Vetericaris chaceorum presumably feed. intentional dumping of trash and pool portion of Lua O Palahemo, and More than 90 percent of the 600 to 700 introduction of nonnative fish into Lua could affect adequate water flushing as anchialine habitats in Hawaii have been O Palahemo (see Factor E. Other Natural well, by blocking the currently narrow degraded in the last 30 years due to the or Manmade Factors Affecting Their passage into the much larger water body introduction of nonnative fish (Brock Continued Existence). in the lava tube below. Introduction of 2004, p. 24). Because these regulatory mechanisms trash involving chemical contamination Lua O Palahemo is highly accessible are inadequate to maintain habitat for into anchialine pools, as has been to off-road vehicle traffic and located the 15 species, and to prevent the observed elsewhere on Hawaii Island near an area frequented by residents and spread of nonnative species (including (Brock 2004, pp. 15–16), could more visitors for fishing and other outdoor nonnative fish into the Lua O Palahemo drastically affect water quality and recreational activities. We believe the anchialine pool), the inadequacy of result in local extirpation of hypogeal pool is vulnerable to the intentional existing regulatory mechanisms is shrimp species. dumping of trash and introduction of considered a serious threat, both now In general, the accidental or nonnative fish (bait and aquarium fish) and in the future. Habitat degradation intentional introduction and spread of because the area is easily accessible to and loss caused by nonnative plants are nonnative fish (bait and aquarium fish) vehicles and human traffic, and yet due a threat to each of the 13 plant species is considered the greatest threat to to its remote location, is far from and the picture-wing fly (Factor A. The anchialine pools in Hawaii (Brock 2004, regulatory oversight by the DHHL or Present or Threatened Destruction, p. 16). Maciolek (1983, p. 612) found DAR. According to Brock (2012, pers. Modification, or Curtailment of Its that the abundance of shrimp in a given comm.), sometime in the 1980s, Habitat or Range), and nonnative population is indirectly related to nonnative fish were introduced into Lua animals (including nonnative fish) are a predation by fish. The release of O Palahemo. It is our understanding that threat to the 15 species (Factor A. The mosquito fish (Gambusia affinis) and the fish were subsequently removed Present or Threatened Destruction, tilapia (Tilapia mossambica) into the with a fish poison, and to our Modification, or Curtailment of Its Waikoloa Anchialine Pond Preserve knowledge the pool currently remains Habitat or Range and Factor C. Disease (WAAPA) at Waikoloa, North Kona, free of nonnative fish. The most or Predation). Therefore, the inadequacy Hawaii, resulted in the infestation of all commonly used piscicide (fish of the regulatory mechanisms to prevent ponds within an approximately 3.2-ha pesticide) in the United States for the dumping of trash and introduction (8-ac) area, which represented management of fish in freshwater of nonnative fish into anchialine pool approximately two-thirds of the systems is a naturally occurring shrimp habitat, and to address threats WAAPA. Within 6 months, all native chemical, marketed as a product called posed by other nonnative species hypogeal shrimp species disappeared Rotenone. Unfortunately, Rotenone use threatens these 15 species. (Brock 2004, pp. iii). Nonnative fish in marine systems (including anchialine

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pools) is illegal according to the with other threats, such as those Hybridization Environmental Protection Agency (EPA discussed above (see Factor A and 2007, pp. 22–23; Finlayson et al. 2010, Factor C above). Natural hybridization is a frequent p. 2). phenomenon in plants and can lead to More than 90 percent of Hawaii’s Plants the formation of new species (Orians 2000, p. 1,949), or sometimes to the anchialine pool habitats have been A limited number of individuals degraded or destroyed by the intentional decline of species through genetic (fewer than 50 individuals) is a threat to dumping of trash and introduction of assimilation or ‘‘introgression’’ the following six plant species in this nonnative fish. Because the anchialine (Ellstrand 1992, pp. 77, 81; Levine et al. proposal: Bidens hillebrandiana ssp. pool shrimp Vetericaris chaceorum is 1996, pp. 10–16; Rhymer and Simberloff hillebrandiana, Cyanea marksii, only known from one pool, the 1996, p. 85). Hybridization, however, is Cyrtandra wagneri, Platydesma remyi, introduction of nonnative fish which especially problematic for rare species Schiedea diffusa ssp. macraei, and S. prey on and exclude native hypogeal that come into contact with species that hawaiiensis. We consider these species shrimp like Vetericaris chaceorum or its are abundant or more common (Rhymer highly vulnerable to extinction due to associated prey shrimp species would and Simberloff 1996, p. 83). We threats associated with small population likely lead to the extirpation of this consider hybridization to be a threat to species, directly or indirectly due to the size or small number of populations because: three species, and potentially a threat to lower abundance of co-occurring shrimp one more species in this proposed rule • species that provide food resources to The only known occurrences of because hybridization may lead to Vetericaris chaceorum. In addition, the Bidens hillebrandiana ssp. extinction of the original genotypically loss of native shrimp species leads to hillebrandiana, Cyanea marksii, and distinct species. Hybrid swarms changes in ecological succession in Cyrtandra wagneri are threatened either (hybrids that can interbreed among anchialine pools, leading to senescence by landslides, rockfalls, or erosion, or a themselves and also with the parent of the pool habitat, thereby rendering combination of these, because of their species) have been reported between the the pool unsuitable habitat (Brock 2004, locations in lowland wet, montane wet, plant Bidens micrantha ssp. ctenophylla p. 16). and dry cliff ecosystems. and B. menziesii ssp. filiformis near Small Number of Individuals and • Platydesma remyi is known from Puuwaawaa in north Kona (Ganders and Populations fewer than 40 scattered individuals Nagata 1983, p. 12; Ganders and Nagata Species that are endemic to single (Stone et al. 1999, p. 1210; HBMP 1999, p. 278); the plant Cyrtandra islands are inherently more vulnerable 2010i). Declining or lack of regeneration nanawaleensis is known to hybridize to extinction than are widespread in the wild appears to threaten this with C. lysiosepala in and around the species, because of the increased risk of species. Nanawale FR (Price 2011, in litt.); and genetic bottlenecks, random • Schiedea diffusa ssp. macraei is Cyrtandra wagneri is reported to demographic fluctuations, climate known from a single individual in the hybridize with C. tintinnabula. Only change effects, and localized Kohala Mountains (Perlman et al. 2001, eight individuals express the true catastrophes such as hurricanes, in litt.; Wagner et al. 2005d, p. 106; phenotype of C. wagneri, and only three drought, rockfalls, landslides, and HBMP 2010j; Bio 2011, pers. comm.). of these individuals are reproducing disease outbreaks (Pimm et al. 1988, p. successfully (PEPP 2010, p. 102; Bio • Habitat destruction or direct 757; Mangel and Tier 1994, p. 607). 2011, pers. comm.). Native species can predation by ungulates, nonnative These problems are further magnified plants, drought, and fire are threats to also hybridize with related nonnative when populations are few and restricted the 25 to 40 individuals of Schiedea species. For example, native species of to a very small geographic area, and Pittosporum, including the plant when the number of individuals in each hawaiiensis (Mitchell et al. 2005a; NDMC 2012–Online Archives). Pittosporum hawaiiense, are known to population is very small. Populations exhibit high levels of gene flow, and with these characteristics face an Animals hybridization between native increased likelihood of stochastic Pittosporum and nonnative species of extinction due to changes in Like most native island biota, the Pittosporum may occur when they demography, the environment, genetics, endemic anchialine pool shrimp and occupy similar habitat and elevation or other factors (Gilpin and Soule´ 1986, Hawaiian picture-wing fly are (Daehler and Carino 2001, pp. 91–96; pp. 24–34). Small, isolated populations particularly sensitive to disturbances Bacon et al. 2011, p. 733). often exhibit reduced levels of genetic due to low number of individuals, low variability, which diminishes the population numbers, and small Regeneration species’ capacity to adapt and respond geographic ranges. We consider the to environmental changes, thereby picture-wing fly vulnerable to extinction Lack of, or low levels of, regeneration lessening the probability of long-term due to threats associated with low (reproduction and recruitment) in the persistence (e.g., Barrett and Kohn 1991, number of individuals and low number wild has been observed, and is a threat p. 4; Newman and Pilson 1997, p. 361). of populations because Drosophila to, Pittosporum hawaiiense, Platydesma Very small, isolated populations are also digressa is known from only two of its remyi, and Pritchardia lanigera (Bio more susceptible to reduced five historically known locations. The 2011, pers. comm.; Magnacca 2011b, reproductive vigor due to ineffective following threats to this species have all pers. comm.). The reasons for this are pollination (plants), inbreeding been documented: Predation by not well understood: however, seed depression (plants and shrimp), and nonnative wasps and ants; habitat predation by rats, ungulates, and beetles hybridization (plants and flies). The degradation and destruction by is thought to play a role (Bio 2011, pers. problems associated with small nonnative ungulates, fire, and drought; comm.; Magnacca 2011b, pers. comm.). population size and vulnerability to loss of its host plants; and competition In addition, Cyanea tritomantha is random demographic fluctuations or with nonnative flies for its host plants reported to produce few seeds with low natural catastrophes are further (Science Panel 2005, pp. 1–23; viability. The reasons for this are magnified by synergistic interactions Magnacca 2011b, pers. comm.). unknown (Bio 2008, in litt.).

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Competition threats to Charpentiera spp. (Medeiros For example, the reduced availability of et al. 1986, p. 29; Giffin 2009, p. 81). host trees or an increase in predation of Competition with nonnative tipulid the picture-wing fly adults that might be Summary of Other Natural or Manmade flies (large crane flies, family Tipulidae) absorbed in a widely-distributed species Factors Affecting Their Continued for larvae host plants threatens the could result in a significant decrease in Existence picture-wing fly proposed for listing in survivorship or reproduction of a this rule. The Hawaiian Islands now We consider the threats from species with limited distribution. The support several species of nonnative dumping of trash and introduction of limited distribution of this species thus tipulid flies, and the larvae of some nonnative fish into the pool that magnifies the severity of the impact of species within this group feed within supports the anchialine pool shrimp the other threats discussed in this the decomposing bark of some of the proposed for listing in this rule to be proposed rule. host plants utilized by picture-wing serious threats that have the potential to The threat from hybridization is flies, including Cheirodendron, occur at any time, although their unpredictable but an ongoing and ever- Clermontia, Pleomele, and occurrence is not predictable. The use of present threat to Bidens micrantha ssp. Charpentiera, the host plant for anchialine pools for dumping of trash ctenophylla, Cyrtandra nanawaleensis, Drosophila digressa (Science Panel and introduction of nonnative fish are and Cyrtandra wagneri, and a potential 2005, pp. 1–23; Magnacca 2005, in litt.). widespread practices in Hawaii and threat to Pittosporum hawaiiense. We The effect of this competition is a have the potential to occur at any time consider the threat to Cyanea reduction of available host plant at the Lua O Palahemo pool. Nonnative tritomantha, Pittosporum hawaiiense, material for the larvae of the picture- fish prey on or outcompete native Platydesma remyi, and Pritchardia wing fly. In laboratory studies, Grimaldi herbivorous anchialine pool shrimp that lanigera from lack of regeneration to be and Jaenike (1984, pp. 1,113–1,120) serve as the prey base for predatory ongoing and to continue into the future demonstrated that competition between species of shrimp, including the because the reasons for the lack of Drosophila larvae and other fly larvae anchialine pool shrimp proposed for recruitment in the wild are unknown can exhaust food resources, which listing in this rule. and uncontrolled, and any competition affects both the probability of larval We consider the threat from limited from nonnative plants or habitat survival and the body size of adults, number of populations and few (less modification by ungulates or fire could resulting in reduced adult fitness, than 50) individuals to be a serious and lead to the extirpation of these species. fecundity, and lifespan. Both soldier ongoing threat to the 6 plant species Competition for host plants with and nephritid flies have been suggested proposed for listing (Bidens nonnative tipulid flies is a threat to to impose a similar threat to Hawaiian hillebrandiana ssp. hillebrandiana, Drosophila digressa and is expected to Cyanea marksii, Cyrtandra wagneri, picture-wing flies (Montgomery 2005, in continue into the future because field Platydesma remyi, Schiedea diffusa ssp. litt.; Science Panel 2005, pp. 1–23). biologists report that these nonnative macraei, and S. hawaiiensis) because (1) flies are widespread and there is no Loss of Host Plant these species may experience reduced mechanism in place to control their reproductive vigor due to ineffective population growth. Loss of host plants Drosophila digressa is dependent on pollination or inbreeding depression; (2) (Charpentiera spp.) is a threat to the decaying stem bark from plants in the they may experience reduced levels of picture-wing fly, and we consider this genus Charpentiera for oviposition and genetic variability, leading to threat to continue into the future larval development (Montgomery 1975, diminished capacity to adapt and because field biologists have reported p. 95). Charpentiera is considered respond to environmental changes, that species of Charpentiera are highly susceptible to damage from alien thereby lessening the probability of declining in the wild. ungulates, such as pigs and goats, as long-term persistence; and (3) a single well as competition with nonnative catastrophic event may result in Proposed Determination for 15 Species plants (e.g., Omalanthus populifolius, extirpation of remaining populations We have carefully assessed the best Schinus terebinthifolius, and Psidium and extinction of the species. This scientific and commercial information cattleianum) (Foote and Carson 1995, threat applies to the entire range of each available regarding threats to each of the pp. 370–37; Science Panel 2005, pp. 1– species. 15 species proposed for listing. We find 23; Magnacca 2011b, pers.comm.). Bark- The threat to the picture-wing fly that each of the 13 plant species and the breeding Drosophila species are from limited numbers of individuals picture-wing fly face threats that are sensitive to bottlenecks in host plant and populations is ongoing and is ongoing and expected to continue into populations due to their dependence on expected to continue into the future the future throughout their ranges from older, senescent or dying plants because (1) this species may experience the present destruction and (Magnacca et al. 2008, p. 32). Altered reduced reproductive vigor due to modification of their habitats from decay cycles in host plants caused by inbreeding depression; (2) it may nonnative feral ungulates and nonnative genetic bottlenecks, or decreasing experience reduced levels of genetic plants (Factor A). Destruction and availability of host plants due to variability leading to diminished modification of habitat by development browsing and trampling by nonnative capacity to adapt and respond to and urbanization is a threat to one plant ungulates (pigs, goats, cattle, and environmental changes, thereby species (Bidens micrantha ssp. mouflon), competition with nonnative lessening the probability of long-term ctenophylla). Habitat destruction and plants, drought, or other phenomena persistence; (3) a single catastrophic modification from fire is a threat to can subsequently alter the life cycle of event (e.g., hurricane, drought) may three of the plant species (Bidens the picture-wing fly by disrupting the result in extirpation of remaining micrantha ssp. ctenophylla, Phyllostegia early stages of development. Predation populations and extinction of this floribunda, and Schiedea hawaiiensis) by nonnative beetles (the branch and species; and (4) species with few known and the picture-wing fly. Destruction twig borer (Amphicerus cornutus), the locations, such as Drosophila digressa, and modification of habitat from black twig borer (Xylosandrus are less resilient to threats that might rockfalls, landslides, treefalls, or heavy compactus), and weevils (Oxydema otherwise have a relatively minor rain is a threat to four plant species fusiforme) have been documented as impact on widely-distributed species. (Bidens hillebrandiana ssp.

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hillebrandiana, Cyanea marksii, Cyanea component of anchialine pool Therefore, we assessed the status of tritomantha, and Cyrtandra wagneri). ecosystems. Because anchialine pool each species throughout its entire range. Habitat loss or degradation due to health and the presence of hypogeal In each case, the threats to the survival drought is a threat to two plants, Bidens shrimp are interdependent, the loss of of these species occur throughout the micrantha ssp. ctenophylla and the shrimp changes ecological species’ ranges and are not restricted to Schiedea hawaiiensis, as well as to the succession by reducing herbivory of any particular portion of those ranges. picture-wing fly. We are concerned cyanobacteria and macroalgae allowing Accordingly, our assessment and about the effects of projected climate an overgrowth and change of pool flora. proposed determination applies to each change on all species, particularly rising This overgrowth changes the system species throughout its entire range, and temperatures, but recognize there is from clear, well-flushed basins to a we do not need to further consider the limited information on the exact nature system characterized by heavy status of each species in a significant of impacts that these species may sedimentation and poor water exchange portion of their respective ranges. experience. In addition, habitat loss or which increases the rate of pool Available Conservation Measures degradation is a threat to the anchialine senescence (Bailey-Brock and Brock pool shrimp Vetericaris chaceorum due 1993, pp. 338–355; Brock 2004, pp. iii Conservation measures provided to to sedimentation resulting from and 16) (Factor E) (see Table 3). These species listed as endangered or degradation of the immediate area threats are exacerbated by these species’ threatened under the Act include surrounding the Lua O Palahemo inherent vulnerability to extinction from recognition, recovery actions, anchialine pool. Sedimentation reduces stochastic events at any time because of requirements for Federal protection, and both food productivity and the ability of their endemism, small numbers of prohibitions against certain activities. Lua O Palahemo to support the individuals and populations, and Recognition through listing results in anchialine pool shrimp (Factor A). restricted habitats. public awareness and conservation by Overcollection for commercial and The Act defines an endangered Federal, State, and local agencies: recreational purposes poses a threat to species as any species that is ‘‘in danger Private organizations; and individuals. Pritchardia lanigera (Factor B). of extinction throughout all or a The Act encourages cooperation with Predation and herbivory on all 13 significant portion of its range’’ and a the States and requires that recovery plant species by feral pigs, goats, cattle, threatened species as any species ‘‘that actions be carried out for all listed sheep, mouflon, rats, slugs, two-spotted is likely to become endangered species. The protection measures leaf hoppers, or beetles poses a serious throughout all or a significant portion of required of Federal agencies and the and ongoing threat; as does predation of its range within the foreseeable future.’’ prohibitions against certain activities the picture-wing fly by nonnative wasps We find that each of these 15 endemic involving listed animals and plants are and ants (Factor C). species is presently in danger of discussed, in part, below. The inadequacy of existing regulatory extinction throughout its entire range, The primary purpose of the Act is the mechanisms (i.e., inadequate protection based on the severity and scope of the conservation of endangered and of habitat and inadequate protection ongoing and projected threats described threatened species and the ecosystems from the introduction of nonnative above. These threats are exacerbated by upon which they depend. The ultimate species) poses a serious and ongoing small population sizes, the loss of goal of such conservation efforts is the threat to all 15 species (Factor D). There redundancy and resiliency of these recovery of these listed species, so that are serious and ongoing threats to six species, and the continued inadequacy they no longer need the protective plant species (Bidens hillebrandiana of existing protective regulations. measures of the Act. Subsection 4(f) of ssp. hillebrandiana, Cyanea marksii, Therefore, on the basis of the best the Act requires the Service to develop Cyrtandra wagneri, Platydesma remyi, available scientific and commercial and implement recovery plans for the Schiedea diffusa ssp. macraei, and S. information, we have determined that conservation of endangered and hawaiiensis) and the picture-wing fly each of these species 15 species meets threatened species. The recovery due to factors associated with small the definition of an endangered species planning process involves the numbers of populations and under the Act. We therefore propose to identification of actions that are individuals; to Bidens micrantha ssp. list the following 15 species as necessary to halt or reverse the species’ ctenophylla, Cyrtandra nanawaleensis, endangered species in accordance with decline by addressing the threats to its Cyrtandra wagneri, and potentially to section 3(6) of the Act: The plants survival and recovery. The goal of this Pittosporum hawaiiense from Bidens hillebrandiana ssp. process is to restore listed species to a hybridization; to Cyanea tritomantha, hillebrandiana, B. micrantha ssp. point where they are secure, self- Pittosporum hawaiiense, Platydesma ctenophylla, Cyanea marksii, Cyanea sustaining, and functioning components remyi, and Pritchardia lanigera from the tritomantha, Cyrtandra nanawaleensis, of their ecosystems. lack of regeneration in the wild; and to Cyrtandra wagneri, Phyllostegia Recovery planning includes the the picture-wing fly from competition floribunda, Pittosporum hawaiiense, development of a recovery outline for host plants with nonnative flies and Platydesma remyi, Pritchardia lanigera, shortly after a species is listed, declining numbers of host plants. The Schiedea diffusa ssp. macraei, Schiedea preparation of a draft and final recovery anchialine pool shrimp is threatened by hawaiiensis, and Stenogyne cranwelliae; plan, and revisions to the plan as the intentional dumping of trash and the anchialine pool shrimp, Vetericaris significant new information becomes introduction of nonnative fish into its chaceorum; and the picture-wing fly, available. The recovery outline guides only known location. Nonnative fish Drosophila digressa. the immediate implementation of urgent drive anchialine species out of the Under the Act and our implementing recovery actions and describes the lighted, highly productive portion of the regulations, a species may warrant process to be used to develop a recovery pools into the surrounding water table listing if it is endangered or threatened plan. The recovery plan identifies site- bed rock, subsequently leading to the throughout all or a significant portion of specific management actions that will decimation of the benthic community its range. Each of the 15 Hawaii Island achieve recovery of the species, structure of the pool, and prey on and species proposed for listing in this rule measurable criteria that help to exclude native hypogeal shrimp that are is highly restricted in its range, and the determine when a species may be usually a dominant and essential faunal threats occur throughout its range. downlisted or delisted, and methods for

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monitoring recovery progress. Recovery cooperation provision of the Act are prohibitions apply to agents of the plans also establish a framework for codified at 50 CFR part 402. Section Service and State conservation agencies. agencies to coordinate their recovery 7(a)(1) of the Act mandates that all We may issue permits to carry out efforts and provide estimates of the cost Federal agencies shall utilize their otherwise prohibited activities of implementing recovery tasks. authorities in furtherance of the involving endangered or threatened Recovery teams (comprised of species purposes of the Act by carrying out wildlife or plant species under certain experts, Federal and State agencies, programs for the conservation of circumstances. Regulations governing nongovernmental organizations, and endangered and threatened species permits are codified at 50 CFR 17.22 stakeholders) are often established to listed pursuant to section 4 of the Act. and 17.62 for endangered wildlife and develop recovery plans. When Section 7(a)(2) of the Act requires plants, respectively. With regard to completed, the recovery outlines, draft Federal agencies to ensure that activities endangered wildlife, a permit must be recovery plans, and the final recovery they authorize, fund, or carry out are not issued for the following purposes: For plans will be available from our Web likely to jeopardize the continued scientific purposes, to enhance the site (http://www.fws.gov/endangered), existence of a listed species or result in propagation and survival of the species, or from our Pacific Islands Fish and destruction or adverse modification of and for incidental take in connection Wildlife Office (see FOR FURTHER critical habitat. If a Federal action may with otherwise lawful activities. For INFORMATION CONTACT). affect the continued existence of a listed endangered plants, a permit must be Implementation of recovery actions species or its critical habitat, the issued for scientific purposes or for the generally requires the participation of a responsible Federal agency must enter enhancement of propagation or survival. broad range of partners, including other into consultation with the Service. Requests for copies of the regulations Federal agencies, States, For the 15 plants and animals regarding listed species and inquiries nongovernmental organizations, proposed for listing as endangered about prohibitions and permits may be businesses, and private landowners. species in this rule, Federal agency addressed to U.S. Fish and Wildlife Examples of recovery actions include actions that may require consultation as Service, Pacific Region, Ecological habitat restoration (e.g., restoration of described in the preceding paragraph Services, Eastside Federal Complex, 911 native vegetation), research, captive include, but are not limited to, actions NE. 11th Avenue, Portland, OR 97232– propagation and reintroduction, and within the jurisdiction of the Natural 4181 (telephone 503–231–6131; outreach and education. The recovery of Resources Conservation Service, the facsimile 503–231–6243). many listed species cannot be U.S. Army Corps of Engineers, the U.S. It is our policy, as published in the accomplished solely on Federal lands Fish and Wildlife Service, and branches Federal Register on July 1, 1994 (59 FR because their range may occur primarily of the Department of Defense (DOD). 34272), to identify to the maximum or solely on non-Federal lands. To Examples of these types of actions extent practicable at the time a species achieve recovery of these species include activities funded or authorized is listed, those activities that would or requires cooperative conservation efforts under the Farm Bill Program, would not constitute a violation of on private and State lands. Environmental Quality Incentives section 9 of the Act. The intent of this If these species are listed, funding for Program, Ground and Surface Water policy is to increase public awareness of recovery actions will be available from Conservation Program, Clean Water Act the effect of a proposed listing on a variety of sources, including Federal (33 U.S.C. 1251 et seq.), Partners for proposed and ongoing activities within budgets, State programs, and cost share Fish and Wildlife Program, and DOD the range of species proposed for listing. grants for non-Federal landowners, the construction activities related to The following activities could academic community, and training or other military missions. potentially result in a violation of nongovernmental organizations. In The Act and its implementing section 9 of the Act; however, this list addition, under section 6 of the Act, the regulations set forth a series of general is not comprehensive: State of Hawaii would be eligible for prohibitions and exceptions that apply (1) Unauthorized collecting, handling, Federal funds to implement to all endangered wildlife and plants. possessing, selling, delivering, carrying, management actions that promote the The prohibitions, codified at 50 CFR or transporting of the species, including protection and recovery of the 15 17.21 for wildlife and 17.61 for plants, import or export across State lines and species. Information on our grant apply. These prohibitions, in part, make international boundaries, except for programs that are available to aid it illegal for any person subject to the properly documented antique species recovery can be found at: jurisdiction of the United States to take specimens of these taxa at least 100 http://www.fws.gov/grants. (includes harass, harm, pursue, hunt, years old, as defined by section 10(h)(1) Although these species are only shoot, wound, kill, trap, capture, or of the Act; proposed for listing under the Act at collect; or to attempt any of these), (2) Introduction of nonnative species this time, please let us know if you are import, export, ship in interstate that compete with or prey upon the 15 interested in participating in recovery commerce in the course of commercial species, such as the introduction of efforts for these species. Additionally, activity, or sell or offer for sale in competing, nonnative plants or animals we invite you to submit any new interstate or foreign commerce any to the State of Hawaii; and information on these species whenever listed wildlife species. It is also illegal (3) The unauthorized release of it becomes available and any to possess, sell, deliver, carry, transport, biological control agents that attack any information you may have for recovery or ship any such wildlife that has been life stage of these 15 species. planning purposes (see FOR FURTHER taken illegally. In addition, for plants Questions regarding whether specific INFORMATION CONTACT). listed as endangered, the Act prohibits activities would constitute a violation of Section 7(a) of the Act, as amended, the malicious damage or destruction on section 9 of the Act should be directed requires Federal agencies to evaluate areas under Federal jurisdiction and the to the Pacific Islands Fish and Wildlife their actions with respect to any species removal, cutting, digging up, or Office (see FOR FURTHER INFORMATION that is proposed or listed as endangered damaging or destroying of such plants CONTACT). Requests for copies of the or threatened with respect to its critical in knowing violation of any State law or regulations concerning listed animals habitat, if any is designated. Regulations regulation, including State criminal and general inquiries regarding implementing this interagency trespass law. Certain exceptions to the prohibitions and permits may be

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addressed to the U.S. Fish and Wildlife cannot otherwise be relieved, may 5658)), and our associated Information Service, Pacific Region, Ecological include regulated taking. Quality Guidelines, provide criteria, Services, Endangered Species Permits, Critical habitat receives protection establish procedures, and provide Eastside Federal Complex, 911 NE. 11th under section 7 of the Act through the guidance to ensure that our decisions Avenue, Portland, OR 97232–4181 prohibition against Federal agencies are based on the best scientific data (telephone 503–231–6131; facsimile carrying out, funding, or authorizing the available. They require our biologists, to 503–231–6243). destruction or adverse modification of the extent consistent with the Act and If made final, Federal listing of the 15 critical habitat. Section 7(a)(2) of the Act with the use of the best scientific data species included in this rule would requires consultation on Federal actions available, to use primary and original automatically invoke State listing under that may affect critical habitat. The sources of information as the basis for Hawaii’s Endangered Species law designation of critical habitat does not recommendations to designate critical (H.R.S. 195D 1–32) and supplement the affect land ownership or establish a habitat. protection available under other State refuge, wilderness, reserve, preserve, or When we are determining which areas laws. These protections would prohibit other conservation area. Such should be proposed as critical habitat, take of these species and encourage designation does not allow the our primary source of information is conservation by State government government or public access to private generally the information developed agencies. Further, the State would be lands. Such designation does not during the listing process for the able to enter into agreements with require implementation of restoration, species. Additional information sources Federal agencies to administer and recovery, or enhancement measures by may include the recovery plan for the manage any area required for the the landowner. Where a landowner species; articles in peer-reviewed conservation, management, seeks or requests Federal agency journals; conservation plans developed enhancement, or protection of funding or authorization that may affect by States and counties; scientific status endangered species (H.R.S. 195D–5). a listed species or critical habitat, the surveys and studies; biological Funds for these activities could be made consultation requirements of section assessments; or other unpublished available under section 6 of the Act 7(a)(2) of the Act would apply, but in materials and expert opinion or (Cooperation with the States). Thus, the the event of a destruction or adverse personal knowledge. Federal protection afforded to these modification finding, the Federal action Habitat is often dynamic, and species species by listing them as endangered agency’s and the applicant’s obligation may move from one area to another over species would be reinforced and is not to restore or recover the species, time. Furthermore, we recognize that supplemented by protection under State but to implement reasonable and critical habitat designated at a particular law. prudent alternatives to avoid point in time may not include all of the destruction or adverse modification of habitat areas that we may later Critical Habitat critical habitat. determine to be necessary for the Background For inclusion in a critical habitat recovery of the species, as additional designation, the habitat within the scientific information may become Critical habitat is defined in section 3 geographical area occupied by the available in the future. For these of the Act as: species at the time of listing must reasons, a critical habitat designation (i) The specific areas within the contain the physical or biological does not signal that habitat outside the geographical area occupied by a species, features essential to the conservation of designated area is unimportant or may at the time it is listed in accordance the species, and be included only if not be required for recovery of the with the Act, on which are found those those features may require special species. physical or biological features management considerations or The information currently available (I) Essential to the conservation of the protection. Critical habitat designations on the effects of global climate change species and identify, to the extent known using the and increasing temperatures does not (II) Which may require special best scientific and commercial data make sufficiently precise estimates of management considerations or available, habitat areas that provide the location and magnitude of the protection; and essential life cycle needs of the species. effects to allow us to incorporate this (ii) Specific areas outside the Under the Act and regulations at 50 CRF information into our current designation geographical area occupied by a species 424.12(e), we can designate critical of critical habitat, nor are we currently at the time it is listed, upon a habitat in areas outside the geographical aware of any climate change determination that such areas are area occupied by the species at the time information specific to the habitat of essential for the conservation of the it is listed only when we determine that any of the species being addressed in species. those areas are essential for the this proposed rule that would indicate Conservation, as defined under conservation of the species and that what areas may become important to the section 3 of the Act, means the use of designation limited to those areas species in the future. Therefore, we are all methods and procedures that are occupied at the time of listing would be unable to determine what additional necessary to bring an endangered or inadequate to ensure the conservation of areas, if any, may be appropriate to threatened species to the point at which the species. include in the proposed critical habitat the measures provided under the Act Section 4 of the Act requires that we for these species; however, we are no longer necessary. Such methods designate critical habitat on the basis of specifically request information from and procedures include, but are not the best scientific and commercial data the public on the currently predicted limited to, all activities associated with available. Further, our Policy on effects of climate change on the species scientific resources management, such Information Standards Under the addressed in this proposed rule and as research, census, law enforcement, Endangered Species Act (published in their habitats. Furthermore, we habitat acquisition and maintenance, the Federal Register on July 1, 1994 (59 recognize that designation of critical propagation, live trapping, FR 34271)), the Information Quality Act habitat may not include all of the transplantation, and, in the (section 515 of the Treasury and General habitat areas we may eventually extraordinary case where population Government Appropriations Act for determine are necessary for the recovery pressures within a given ecosystem Fiscal Year 2001 (Pub. L. 106–554; H.R. of the species, based on scientific data

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now available to the Service. For these seedlings, including P. lanigera expected to initiate such a threat to any reasons, a critical habitat designation (rarepalmseeds.com 2011; of the other species addressed in this does not signify that habitat outside of junglemusic.net 2012; ebay.com 2012). proposed rule. the designated area is unimportant or Several nurseries advertise and sell We reviewed the information may not be required for the recovery of seedlings and young plants, including at available for the 13 plants, anchialine the species. least 13 species of Hawaiian Pritchardia. pool shrimp, and picture-wing fly Areas that are important to the Seven of these species are federally proposed for listing in this rule, and the conservation of the species, but are protected, including P. affinis and P. endangered plant Mezoneuron outside the critical habitat designation, schattaueri on Hawaii Island (ebay.com kavaiense, pertaining to the biological will continue to be subject to 2012; junglemusic.net 2012). Seeds of needs of these 16 species and conservation actions we implement the endangered P. hardyi on Kauai have characteristics of their last known under section 7(a)(1) of the Act. Areas been illegally removed from an habitats. In the absence of finding that that support populations are also subject outplanting site in the past (75 FR the designation of critical habitat would to the regulatory protections afforded by 18960, April 13, 2010), and there is increase threats to a species, if there are the section 7(a)(2) jeopardy standard, as evidence of vandalism and illegal any benefits to a critical habitat determined on the basis of the best collection of other species of designation, then a prudent finding is available scientific information at the endangered Pritchardia palms on Kauai warranted. The potential benefits to the time of the agency action. Federally (75 FR 18960, April 13, 2010). In the 15 species proposed for listing and the funded or permitted projects affecting 1990s, seeds of the endangered P. endangered plant Mezoneuron listed species outside their designated schattaueri were removed from plants kavaiense include: (1) Triggering critical habitat areas may require in two of the three locations on Hawaii consultation under section 7 of the Act, consultation under section 7 of the Act Island where this species was known at in new areas for actions in which there and may still result in jeopardy findings that time (PEPP 2007, in litt.). We do not may be a Federal nexus where it would in some cases. Similarly, critical habitat believe that the designation of critical not otherwise occur because, for designations made on the basis of the habitat for P. lanigera will increase the example, it is or has become best available information at the time of threat of overcollection for the following unoccupied or the occupancy is in designation will not control the reasons: (1) The area of the known question; (2) focusing conservation direction and substance of future locations is extremely difficult to access activities on the most essential features recovery plans, habitat conservation because most of the rigorous and steep and areas; (3) providing educational plans (HCPs), section 7 consultations, or trails leading into Waimanu and benefits to State or county governments other species conservation planning neighboring valleys were destroyed in or private entities; and (4) preventing efforts if any new information available the 2005 Kona earthquake (Magnacca people from causing inadvertent harm to these planning efforts calls for a 2011b, pers. comm.); and (2) critical to the species. The primary regulatory effect of different outcome. habitat designation, as proposed, does critical habitat is the section 7(a)(2) not identify the specific location of Prudency Determination for 15 requirement that Federal agencies individual species . In addition, we Proposed Species and 2 Listed Species refrain from taking any action that believe that the potential benefit to P. on Hawaii Island destroys or adversely modifies critical lanigera from designating critical habitat Section 4(a)(3) of the Act, as habitat. We find that the designation of is that the designation could serve to amended, and implementing regulations critical habitat for each of the 15 species educate landowners, State and local (50 CFR 424.12) require that, to the proposed for listing in this rule and the maximum extent prudent and government agencies, and the general endangered plant Mezoneuron determinable, the Secretary designate public regarding the potential kavaiense would benefit them by critical habitat at the time a species is conservation value of the area. serving to focus conservation efforts on determined to be endangered or Therefore, we find that the designation the restoration and maintenance of threatened. Our regulations at 50 CFR of critical habitat for P. lanigera is ecosystem functions that are essential 424.12(a)(1) state that designation of prudent. for attaining their recovery and long- critical habitat is not prudent when one At the time we listed the plant term viability. In addition, the or both of the following situations exist: Mezoneuron kavaiense (uhiuhi) as designation of critical habitat serves to (1) The species is threatened by taking endangered we found that designation inform management and conservation or other human activity, and of critical habitat was not prudent decisions by identifying any additional identification of critical habitat can be because publication of the location of a physical or biological features of the expected to increase the degree of threat species-specific critical habitat ecosystem that may be essential for the to the species; or (2) such designation of description would increase the risk of conservation of certain species. critical habitat would not be beneficial taking or vandalism, while providing no Therefore, as we have determined that to the species. additional benefit to the species (51 FR the designation of critical habitat will As we have discussed under the 24672; July 8, 1986). However, we have not likely increase the degree of threat threats analysis for Factor B, above, examined the best available information to the species and may provide some there is currently no documentation that and found no current information to measure of benefit, we find that 14 of the 15 species proposed for listing indicate that this plant is currently designation of critical habitat is prudent are threatened by taking or other human threatened by overcollection or for the following 16 species, as critical activity. Overcollection is a threat to the vandalism, or is otherwise used for habitat would be beneficial and there is plant Pritchardia lanigera (see commercial, recreational, scientific, or no evidence that the designation of ‘‘Overutilization for Commercial, educational purposes. Thus, we believe critical habitat would result in an Recreational, Scientific or Educational there is a benefit to a critical habitat increased threat from taking or other Purposes,’’ above). Rare palm trees are designation for this species (see human activity for these species: highly desirable to collectors, and there discussion below). Moreover, we have (1) Plants— Bidens hillebrandiana is an active Internet sale and online no current information to indicate that ssp. hillebrandiana, Bidens micrantha auction market for their seeds and identification of critical habitat is ssp. ctenophylla, Cyanea marksii,

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Cyanea tritomantha, Cyrtandra determinable for the listed plant, Proposed Critical Habitat for Bidens nanawaleensis, Cyrtandra wagneri, Mezoneuron kavaiense, and are micrantha ssp. ctenophylla, Mezoneuron kavaiense, Phyllostegia including critical habitat for it in this Isodendrion pyrifolium, and floribunda, Pittosporum hawaiiense, proposal. In addition, we are including Mezoneuron kavaiense on Hawaii Platydesma remyi, Pritchardia lanigera, critical habitat for a third species, the Island Schiedea diffusa ssp. macraei, Schiedea plant Isodendrion pyrifolium listed as In this section, we discuss the hawaiiense, and Stenogyne cranwelliae; endangered in 1994 (59 FR 10305; proposed designation of critical habitat (2) Animals— insects: Drosophila March 4, 1994). We had previously for three plant species (Bidens digressa; crustaceans: Vetericaris determined that critical habitat was micrantha ssp. ctenophylla, Isodendrion chaceorum. In this rule, we are also proposing prudent and determinable (67 FR 36968; pyrifolium, and Mezoneuron kavaiense). critical habitat for the listed plant, May 28, 2002) and proposed areas as Bidens micrantha ssp. ctenophylla is 1 Isodendrion pyrifolium. We previously critical habitat for Isodendrion of the 15 species proposed for listing in found that critical habitat is prudent pyrifolium on Hawaii Island. However, this rule, for which critical habitat was and determinable (67 FR 36968; May 28, in the final rule for Hawaii Island plants determined to be prudent and 2002) for Isodendrion pyrifolium on (68 FR 39624, July 2, 2003), the areas determinable. Critical habitat wa for Hawaii Island, but we did not designate proposed for critical habitat for this Isodendrion pyrifolium on the island of any critical habitat for the species in species were excluded from final Hawaii, but was excluded from 2003, as discussed below. designation under section 4(b)(2) of the designation as critical habitat under Act (see discussion regarding section 4(b)(2) of the Act in the final Critical Habitat Determinability for 16 ‘‘Reconsideration of Lands Previously rule published on July 2, 2003 (68 FR Species on Hawaii Island Excluded Under Section 4(b)(2) of the 39624). In this proposed rule, we have determined that critical habitat is both As stated above, section 4(a)(3) of the Act’’). Act requires the designation of critical prudent and determinable for the listed habitat concurrently with the species’ The species Bidens micrantha ssp. plant species Mezoneuron kavaiense. ctenophylla, which is proposed for listing ‘‘to the maximum extent prudent Background for the Listed Plants and determinable.’’ Our regulations at listing in this rule, and the listed species Isodendrion pyrifolium and Mezoneuron Isodendrion pyrifolium and 50 CFR 424.12(a)(2) state that critical Mezoneuron kavaiense habitat is not determinable when one or kavaiense co-occur in the same lowland both of the following situations exist: dry ecosystem on the island of Hawaii. It is our intent to discuss only those (i) Information sufficient to perform These three species (Bidens micrantha topics directly relevant to the proposed required analyses of the impacts of the ssp. ctenophylla, Isodendrion designation of critical habitat on the designation is lacking, or pyrifolium, and Mezoneuron kavaiense) island of Hawaii. For additional (ii) The biological needs of the species share many of the same physical or information on Isodendrion pyrifolium are not sufficiently well known to biological features (e.g., elevation, and its proposed critical habitat on permit identification of an area as annual rainfall, substrate, associated Oahu, Molokai, and Maui, refer to the critical habitat. native plant genera) as well as the same proposed rules for Listing 23 Species on When critical habitat is not threats from development, fire, and Oahu as Endangered and Designating Critical Habitat for 124 Species (76 FR determinable, the Act provides for an nonnative ungulates and plants. In this 46362; August 2, 2011) and the additional year to publish a critical proposed rule, we have identified areas proposed rule Listing 38 Species on habitat designation (16 U.S.C. that provide the physical or biological 1533(b)(6)(C)(ii)). Molokai, Lanai, and Maui as Pursuant to section 4(a)(3) of the Act features essential for the conservation of Endangered and Designating Critical we are to designate critical habitat to the these three species and areas that are Habitat on Molokai, Lanai, Maui, and maximum extent prudent and essential for the conservation of these Kahoolawe for 135 Species (77 FR determinable at the time a species is three species in the lowland dry 34464; June 11, 2012). For additional proposed for listing. In our previous ecosystem on the island of Hawaii. information on the listed endangered discussion, we indicated that the Therefore, we find that critical habitat is plant Mezoneuron kavaiense, which designation of critical habitat would determinable for Bidens micrantha ssp. does not have designated critical habitat provide a benefit for the 15 species ctenophylla, Isodendrion pyrifolium, in Hawaii, please refer to the listing rule proposed for listing in this rule, and the and Mezoneuron kavaiense in this rule. published in the Federal Register on plant, Mezoneuron kavaiense listed as However, for the remaining 14 species July 8, 1986 (51 FR 24672). endangered in 1986 (51 FR 24672; July proposed for listing in this rule, we do Currently designated critical habitat 8, 1986). As a consequence, we not have the analysis necessary to refine on the island of Hawaii includes critical determined that the designation of the identification of the physical and habitat for the plant Kokia drynarioides critical habitat for these 16 species is biological features and delineate the (49 FR 47397, December 4, 1984), and 41 other listed plants (68 FR 39624, July prudent. specific areas that contain those features Next we are to evaluate whether the 2, 2003), Blackburn’s sphinx moth (68 in the appropriate arrangement and designation of critical habitat is FR 34710, June 10, 2003), and 3 picture- determinable, and if so, propose critical quantity or the specific unoccupied wing flies (73 FR 73794, December 4, habitat concurrent with our proposed areas essential to the species’ 2008). Approximately 55 percent of the listing. At this time, we have found that conservation. As a result, we find that area being proposed as critical habitat in the designation of critical habitat is for the remaining 14 species that we are this rule overlaps with these areas determinable for only one species that proposing to list in this rule, the previously designated as critical habitat. we are proposing to list, Bidens designation of critical habitat is not In some areas, the footprint of the micrantha ssp. ctenophylla, and are determinable at this time. proposed critical habitat is larger than including critical habitat for it in this the 1984, 2003, and 2008 designations, proposal. We also find that the to accommodate the future expansion of designation of critical habitat is one or more of the three species’

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populations within the particular Plants are under propagation at the 2010n), the TNC database (TNC 2007— ecosystem in which they occur (e.g., Volcano Rare Plant Facility and at the Ecosystem Database of ArcMap expansion into unoccupied habitat). The Future Forests Nursery for seed Shapefiles, unpublished), and our own proposed critical habitat correlates each production and for outplanting (VRPF rare plant database; species’ physical or biological 2010, in litt.; VRPF 2011, in litt; Wagner • Species information from the plant requirements with the characteristics of 2011b, in litt.). Five I. pyrifolium plants database housed at NTBG; the lowland dry ecosystem within have been outplanted at the Kaloko- • Maps of habitat essential to the which they occur (e.g., elevation, Honokohau National Historical Park recovery of Hawaiian plants, as rainfall, species associations, etc.), and (NHP), and another 20 plants were determined by the Hawaii and Pacific also includes areas unoccupied by the outplanted in Puu Waawaa and Plant Recovery Coordinating Committee species but determined to be essential Kaupulehu in 2010 (Wagner 2011c, in (HPPRCC 1998, 32 pp. + appendices); for the conservation of the species. The litt.). There are plans to outplant an • Maps of important habitat for the proposed critical habitat will enable additional 25 plants at both Kealakehe recovery of plants protected under the managers to focus conservation and Kaupulehu (Wagner 2011c, in litt.). Act (USFWS 1999, pp. F12); management efforts on common threats Critical habitat for this species is also • and facilitate the restoration of the being proposed on the islands of Oahu The Nature Conservancy’s ecosystem function and species-specific (76 FR 46362; August 2, 2011), and Ecoregional Assessment of the Hawaiian habitat needs for the recovery of Bidens Maui and Molokai (77 FR 34464; June High Islands (2006) and ecosystem maps micrantha ssp. ctenophylla, Isodendrion 11, 2012). There is no currently (TNC 2007—Ecosystem Database of pyrifolium, and Mezoneuron kavaiense. designated critical habitat for this plant ArcMap Shapefiles, unpublished); • This information represents the best on Hawaii Island. Color mosaic 1:19,000 scale digital current scientific and commercial Mezoneuron kavaiense (uhiuhi), a aerial photographs for the Hawaiian information available. medium-sized tree in the pea family Islands (March 2006 to January 2009); (Fabaceae), was known historically from • Island-wide Geographic Information Current Status of Isodendrion Kauai, Oahu, Lanai, Maui, and Hawaii System (GIS) coverage (e.g., Gap pyrifolium and Mezoneuron kavaiense (Geesink et al. 1999, pp. 647–648). At Analysis Program (GAP) vegetation data The plant, Bidens micrantha ssp. the time of listing in 1986, a single large of 2005; ctenophylla, is proposed for listing as occurrence of approximately 30 • 1:24,000 scale digital raster graphics endangered in this rule. For the status individuals at Puu Waawaa contained of U.S. Geological Survey (USGS) of B. micrantha ssp. ctenophylla see the majority of individuals of this topographic quadrangles; Description of the 15 Species Proposed species on Hawaii Island (51 FR 24672, • Geospatial data sets associated with for Listing above. July 8, 1986; HBMP 2010m). In 1992, a parcel data from Hawaii County (2008); Isodendrion pyrifolium (wahine noho second occurrence of 21 individuals • kula), a perennial shrub in the violet Recent biological surveys and was discovered at Kealakehe (USFWS reports; and family (), is known from 1994, p. 14; HBMP 2010m). In 1993, fire • Discussions with qualified Niihau, Oahu, Molokai, Lanai, Maui, within a kipuka (an area of older land individuals familiar with these species and Hawaii (Wagner et al. 1999k, p. within the younger Kaupulehu lava and ecosystems. 1,331). Isodendrion pyrifolium was flow) destroyed 80 percent of the thought to be extinct since 1870, but individuals known from Puu Waawaa. Based upon all of this data, we was rediscovered in 1991 at Kealakehe, Surveys in 2006 reported the number of determined that those portions of the near Kailua on the island of Hawaii. In individuals at Puu Waawaa to be lowland dry ecosystems being proposed 2003, I. pyrifolium was only known approximately 50 to 100 individuals for critical habitat designation in this from a single occurrence of (HBMP 2010m). In addition, recently rule are either currently occupied or approximately nine individuals at new information documented 13 were occupied at the time of listing by Kealakehe on the island of Hawaii (68 individuals near Waikoloa Village one or more of the 3 species addressed FR 39624, July 2, 2003). Currently, there (Faucette 2010, p. 3). Currently, M. in this rule. These areas contain the are no extant occurrences on Oahu, kavaiense is found in 4 occurrences physical or biological features essential Lanai, Molokai, or Maui. Surveys in totaling 90 to 140 individuals in the to the conservation of the species, or to 2006 and 2007 have documented the lowland dry ecosystem of Hawaii Island the extent that they are not currently decline of the total number of (HBMP 2010m). Critical habitat is not occupied by one or more of the three individuals at Kealakehe (from nine currently designated for this plant. species, they are essential for the individuals in 2003, to four individuals conservation of the species (TNC 2006b, in 2006, to three individuals in 2007) Methods pp. 1–2)). (David 2007, pers. comm. in USFWS As required by section 4(b) of the Act, Physical or Biological Features 2008, in litt.). Currently, there are only we used the best scientific data two wild individuals at Kealakehe, in available in determining those areas that In accordance with section 3(5)(A)(i) the lowland dry ecosystem (Wagner contain the physical or biological and 4(b)(1)(A) of the Act and the 2011b, in litt.). The two wild features essential to the conservation of regulations at 50 CFR 424.12, in individuals are found within two small, the three species, and for which determining which areas within the managed preserves situated in an urban designation of critical habitat is geographical area occupied at the time setting. The larger 26-ac (11-ha) preserve considered prudent, by identifying the of listing to propose as critical habitat, is bordered by a high school, residential occurrence data for each species and we consider the physical and biological development, and construction of the determining the ecosystems upon which features essential to the conservation of Kealakehe portion of Ane Keohokalole they depend. This information was the species and which may require Highway. The smaller 4-ac (1-ha) developed by using: special management considerations or preserve is bordered by the same • The known locations of the three protection. These physical or biological highway construction and open space. species, including site-specific species features provide the essential life- Three individuals are represented in ex information from the HBMP database history requirements of the species, and situ collections (PEPP 2011, p. 32). (HBMP 2010b; HBMP 2010m; HBMP include, but are not limited to:

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(1) Space for individual and time of listing would be insufficient to be the elements of physical or biological population growth and for normal achieve recovery objectives. features that provide for a species’ life- behavior; We have derived the specific physical history processes and are essential to (2) Food, water, air, light, minerals, or and biological features required for each the conservation of the species. The other nutritional or physiological of the two listed plants, Isodendrion PCEs identified in this proposed rule requirements; pyrifolium and Mezoneuron kavaiense, take into consideration the ecosystem in (3) Cover or shelter; from studies of the species’ habitat, which each species occurs and reflects (4) Sites for breeding, reproduction, ecology, and life history. In addition, we a distribution that we believe is rearing (or development) of offspring, have reevaluated the physical and essential to achieving the species’ germination, or seed dispersal; and biological features for I. pyrifolium recovery needs within that ecosystem. (5) Habitats that are protected from based on ecosystem definitions using In this proposal, PCEs for each of the disturbance or are representative of the species information from the 2003 Final three species are defined based on those historical geographical and ecological Designation and Nondesignation of physical or biological features essential distributions of a species. Critical Habitat for 46 Plant Species to support the successful functioning of For plant species, ecosystems that From the Island of Hawaii, HI (68 FR the ecosystem upon which each species provide appropriate seasonal wetland 39624, July 2, 2003) and new scientific depends, and which may require special and dry land habitats, host species, information that has become available management considerations or pollinators, soil types, and associated since that time. Bidens micrantha ssp. protection. As the conservation of each plant communities are taken into ctenophylla is found in locations with species is dependent upon a functioning consideration when determining the the same substrate age and soil type as ecosystem to provide its fundamental physical or biological features essential Isodendrion pyrifolium and Mezoneuron life requirements, such as a certain soil for a species. kavaiense, and is known to share the type, minimum level of rainfall, or The recovery plans (Recovery Plan for same land cover (vegetation) type as suitable native host plant, we consider Caesalpinia kavaiensis and Kokia Mezoneuron kavaiense throughout over the physical or biological features drynarioides, June 1994; and Recovery 85 percent of its range (HBMP 2010m). present in the ecosystem described in Plan for the Big Island Plant Cluster, Therefore, we believe that B. micrantha this rule to provide the necessary September 1996) identify several actions ssp. ctenophylla shares the same elements for each of the three species in needed to recover the endangered physical or biological features that we this proposal. The ecosystem’s features Isodendrion pyrifolium and Mezoneuron have determined for Isodendrion collectively provide the suite of kavaiense, including: Expanding pyrifolium and Mezoneuron kavaiense. environmental conditions essential to existing wild populations and When designating critical habitat in meeting the requirements of each of the reestablishing wild populations within occupied areas, we focus on the three species, including the appropriate the historic range. These actions are also physical or biological features that may microclimatic conditions for needed to recover Bidens micrantha ssp. be essential to the conservation of the germination and growth of the plants ctenophylla because this species, found species and which may require special (e.g., light availability, soil nutrients, in the same habitat as the two listed management considerations or hydrologic regime, temperature), and in plants, faces the same threats. protections. In unoccupied habitat, we all cases, space within the appropriate Furthermore, because of their small focus on whether the area is essential to habitats for population growth and numbers or low population sizes, each the conservation of the species. The expansion, to maintain the historical, of the three species requires suitable currently proposed physical or geographical, and ecological habitat and space for the expansion of biological features for occupied areas, in distribution of each species. In the case existing populations to achieve a level conjunction with the unoccupied areas of Isodendrion pyrifolium, due to its that could approach recovery. We have needed to expand and reestablish wild recent rediscovery and limited determined that to recover these populations within their historical geographic distribution at one known species, it is essential to conserve range, provide a more accurate picture occurrence, the more general suitable habitat in both occupied and of the geographic areas needed for the description of the physical or biological unoccupied units, which will in turn recovery of each species. We believe features that provide for the successful allow for the establishment of additional this information will be helpful to function of the ecosystem that is populations through natural recruitment Federal agencies and our other partners, essential to the conservation of the or managed reintroductions. as we collectively work to recover these species represents the best, and in many Establishment of these additional imperiled species. cases, the only, scientific information populations will increase the likelihood Under the Act and its implementing available. Accordingly, the physical or that the species will survive and recover regulations, we are required to identify biological features of the lowland in the face of normal and stochastic the physical or biological features ecosystem are the physical or biological events (e.g., hurricanes, fire, and essential to the conservation of the three features essential to the conservation of nonnative species introductions) species for which we are proposing the three species at issue here. (Mangel and Tier 1994, p. 612; Pimm et critical habitat. We identify these Table 4 identifies the physical or al. 1998, p. 777; Stacey and Taper 1992, features in areas occupied at the time of biological features of a functioning p. 27). In this regard, the designation of listing, focusing on the features’ primary lowland dry ecosystem, which each of critical habitat limited to the geographic constituent elements. We consider the the three species identified in this rule areas occupied by the species at the primary constituent elements (PCEs) to requires.

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TABLE 4—PRIMARY CONSTITUENT ELEMENTS OF THE LOWLAND DRY ECOSYSTEM

Annual Potential habitat for one or more of these associated native plant Ecosystem Elevation precipita- Substrate genera tion Canopy Subcanopy Understory

Lowland Dry 2 ...... < 3,300 ft < 50 in Weathered silty loams Diospyros, Erythrina, Chamaesyce, Alyxia, Artemisia, (<1,000 m) (<130 cm) to stony clay, rocky Metrosideros, Dodonaea, Bidens, Capparis, ledges, little-weath- Myoporum, Osteomeles, Chenopodium, ered lava. Pleomele, Psydrax, Scaevola, Nephrolepis, Santalum, Sapindus. Wikstroemia. Peperomia, Sicyos.

Table 4 indicates that the specific section titled ‘‘Proposed Critical Habitat restricted to the lowland dry ecosystem elements or PCEs in the lowland dry Designation,’’ below. in the north Kona and south Kohala ecosystem include elevations of less The proposed critical habitat is a regions. The initial polygons were than 3,300 ft (1,000 m); annual combination of areas currently occupied superimposed over digital topographic precipitation of less than 50 in (130 cm); by these three species, as well as areas maps of the island of Hawaii and further weathered silty loams to stony clay, that may be currently unoccupied. The evaluated. In general, land areas that rocky ledges, and little-weathered lava; best available scientific information were identified as highly degraded were and potential habitat for one or more suggests that these species either removed from the proposed critical genera of the subcanopy plants presently occur within, or have habitat units, and natural or manmade Chamaesyce, Dodonaea, Osteomeles, occupied, these habitats. A properly features (e.g., ridge lines, valleys, Psydrax, Scaevola, and Wikstroemia, functioning ecosystem provides the streams, coastlines, roads, obvious land one or more of the understory plants physical or biological features that features, etc.) were used to delineate the Alyxia, Artemisia, Bidens, Capparis, support life-history requirements of the proposed critical habitat boundaries. Chenopodium, Nephrolepis, Peperomia, species that rely on the ecosystem, and The critical habitat areas described and Sicyos, and one or more of the the specific elements or PCEs essential below constitute our best assessment of genera of the canopy species Diospyros, for the conservation of the species that the physical or biological features Erythrina, Metrosideros, Myoporum, occur there. In addition, due to the essential for the conservation of the Pleomele, Santalum, and Sapindus. small population sizes, few numbers of three plant species, and the unoccupied individuals, and reduced geographic areas essential for the species’ Criteria Used To Identify Critical range of each of the three species for Habitat Boundaries conservation by providing for the which critical habitat is here proposed, expansion of existing populations. The we have determined that a designation approximate size of each of the seven We considered several factors in the limited to known present range of each plant critical habitat sections and the selection and proposal of specific species would be inadequate to achieve status of their land ownership, are boundaries for critical habitat for these the conservation of those species. The identified in Table 5A. As noted in three species. We propose to designate areas that may have been unoccupied at Table 5A, all areas proposed for critical critical habitat on lands that contain the the time of listing have been determined habitat designation are found within the physical or biological features essential to be essential for the conservation and lowland dry ecosystem. Table 5B to conserving multiple species, based on recovery of the species because they identifies the areas under consideration their shared dependence on the provide the habitat necessary for the for exclusion from critical habitat functioning ecosystem they have in expansion of existing wild populations designation under section 4(b)(2) of the common. The lowland dry ecosystem and reestablishment of wild populations that supports the three plant species within the historical range of the Act (see Exclusions, below). addressed here does not form a species. Designating unoccupied critical When determining critical habitat contiguous area, and is divided into habitat for these species would promote boundaries within this proposed rule, seven geographic subunits that we refer conservation actions to restore their we made every effort to avoid including to as ‘‘sections.’’ Although we do not historical, geographical, and ecological developed areas such as buildings, usually refer to areas of critical habitat representation, which is essential for paved areas, and other structures that as sections, compliance with Federal their recovery. Critical habitat lack the physical or biological features Register publication requirements boundaries for all species were essential for the conservation of the necessitated the subdivision into delineated to clearly depict and promote three plant species. The scale of the smaller subunits to correspond with the recovery and conservation of these maps we prepared under the parameters existing critical habitat units currently species by identifying the functioning for publication within the Code of published in the Code of Federal ecosystem on which they depend. Federal Regulations may not reflect the Regulations (CFR), as some of the Current and historical species exclusion of such developed areas. Any proposed critical habitat for the three location information was used to such structures and the land under them plant species overlies critical habitat develop initial critical habitat inadvertently left inside critical habitat already designated for other plants on boundaries (polygons) in the lowland boundaries shown on the maps of this the island of Hawaii. We, thus, refer to dry ecosystem that would individually proposed rule have been excluded by ‘‘sections’’ here in order to retain the and collectively provide for the text in the proposed rule and are not focus on the contiguous ecosystem areas conservation of the three species proposed for designation as critical of interest in this proposed rule, while addressed in this proposed rule. For habitat. Therefore, Federal actions recognizing that multiple critical habitat these three species, we propose critical involving these areas would not trigger units may comprise these sections. habitat only in the geographic area of section 7 consultation with respect to Further details are provided under the historical occurrence, which is critical habitat unless the specific action

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would affect the adjacent critical habitat or its primary constituent elements.

TABLE 5A—CRITICAL HABITAT PROPOSED FOR Bidens micrantha SSP. ctenophylla, Mezoneuron kavaiense, AND Isodendrion pyrifolium ON THE ISLAND OF HAWAII [Totals may not sum due to rounding]

Corresponding critical habitat Proposed critical Size of Size of map in the Code habitat area section section in State Federal County Private of in acres hectares Federal Regula- tions (CFR)

Hawaii—Lowland Dry

—Section 1 Unit 10 ...... 2,914 1,179 2,914 ...... Map 39a. Unit 31 ...... 9,936 4,021 7,101 ...... 2,834 Map 104. —Unit 32 ...... 1,779 720 21 ...... 1,758 Map 105. —Unit 33 ...... 1,583 640 1,080 ...... 502 Map 106. —Unit 34 ...... 961 389 259 ...... 702 Map 106. —Unit 35 ...... 1,192 485 606 ...... 19 568 Map 106. —Unit 36 ...... 402 163 5 397 ...... Map 106.

Total Low- 18,766 7,597 11,986 397 19 6,364 land Dry.

TABLE 5B—AREAS UNDER CONSIDERATION FOR EXCLUSION UNDER SECTION 4(B)(2) OF THE ACT [Totals may not sum due to rounding]

Total area pro- posed as critical Area considered Owner habitat in acres for exclusion in (hectares) acres (hectares)

Kamehameha Schools ...... 2,834 (1,147) 2,834 (1,147) Palamanui Global Holdings LLC ...... 502 (203) 502 (203) Kaloko Properties Corp...... 48 (19) 48 (19) Lanihau Properties ...... 47 (19) 47 (19) SCD–TSA Kaloko Makai LLC ...... 558 (226) 558 (226) TSA Corporation ...... 26 (10) 26 (10) Department of Hawaiian Home Lands ...... 446 (181) 87 (35)

Total ...... 4,461 (1,805) 4,099 (1,659)

The proposed critical habitat Special Management Considerations or three Hawaii Island species for which designation is defined by the maps, as Protections we are proposing to designate critical modified by any accompanying The term critical habitat is defined in habitat. regulatory text, presented at the end of section 3(5)(A) of the Act, in part, as For each of the three species currently this document in the rule portion. We geographic areas on which are found found in the wild on Hawaii Island, we include more detailed information on these physical or biological features have determined that the features the boundaries of the proposed critical essential to the conservation of the essential to their conservation are those habitat designation in the preamble of species and ‘‘which may require special required for the successful functioning this document. We will make the management considerations or of the lowland dry ecosystem in which coordinates or plot points or both on protection.’’ they occur (see Table 4 above). Special which each map is based available to In identifying critical habitat in management considerations or the public on http:// occupied areas, we determine whether protections are necessary throughout the www.regulations.gov at Docket No. those areas that contain the features critical habitat areas proposed here to [FWS–R1–ES–2012–0070], on our essential to the conservation of the avoid further degradation or destruction Internet site http://www.fws.gov/ species require any special management of the habitat that provides those pacificislands, and at the Pacific Islands actions. Although the determination features essential to their conservation. Fish and Wildlife Office responsible for that special management may be The primary threats to the physical or the designation. You may obtain field required is not a prerequisite to biological features essential to the office location information by designating critical habitat in conservation of these three species contacting one of the Service regional unoccupied areas, special management include habitat destruction and offices, the addresses of which are listed is needed throughout all of the proposed modification by development, at 50 CFR 2.2. critical habitat units. The following nonnative ungulates, competition with discussion of special management needs nonnative species, hurricanes, fire, is, therefore, applicable to each of the drought, and climate change. The

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reduction of these threats will require contains features essential for the 17.99 are additionally provided for ease the implementation of special conservation of the species that may of reference in the CFR. management actions within each of the require special management critical habitat areas identified in this considerations or protection to ensure Descriptions of Proposed Critical proposed rule. the conservation of the three plant Habitat All proposed critical habitat requires species for which we are proposing Hawaii—Lowland Dry—Section 1 special management actions to address critical habitat. These special consists of 10,015 ac (4,053 ha) of State the ongoing degradation and loss of management considerations and land, and 2,834 ac (1,147 ha) of habitat caused by agricultural and urban protections are required to preserve and privately owned land for a total of development. Urbanization also maintain the essential features provided 12,849 ac (5,200 ha), from Puu Waawaa increases the likelihood of wildfires to these species by the lowland dry to Kaupulehu on the northwestern slope ignited by human sources. Without ecosystem upon which they depend. protection and special management, The specific areas proposed for critical of Hualalai between the elevations of habitat containing the features that are habitat that are outside the geographical 760 and 2,600 ft (231 and 793 m) (Figure essential for the conservation of these area occupied by these species have 2). The section includes 2,914 ac (1,179 species will continue to be degraded been determined to be essential for their ha) of State land within previously and destroyed. conservation. designated critical habitat and 9,936 ac All proposed critical habitat requires (4,021 ha) of newly proposed critical active management to address the Proposed Critical Habitat Designation habitat on 7,101 ac (2,874 ha) of State ongoing degradation and loss of native We are proposing 18,766 ac (7,597 ha) land and 2,834 ac (1,147 ha) of privately habitat caused by nonnative ungulates as critical habitat in 7 units within the owned land. The area that falls within (goats and cattle). Nonnative ungulates lowland dry ecosystem for Bidens designated critical habitat lies within also impact the habitat through micrantha ssp. ctenophylla, Isodendrion Hawaii Unit 10 of 50 CFR 17.99(k), Map predation and trampling. Without this pyrifolium, and Mezoneuron kavaiense. 39a, and proposed new critical habitat special management, habitat containing (See Table 5A above for details). Of Hawaii Unit 31, Map 104. The area of the features that are essential for the these proposed units, 10,304 ac (4,170 Section 1 that overlaps previously conservation of these species will ha), or 55 percent, are already designated critical habitat includes continue to be degraded and destroyed. designated as critical habitat for other critical habitat for the following listed All proposed critical habitat requires listed species. The proposed critical plant species: Bonamia menziesii, active management to address the habitat includes land under State, Colubrina oppositifolia, Hibiscadelphus ongoing degradation and loss of native County of Hawaii, Federal (Kaloko- hualalaiensis, Neraudia ovata, and habitat caused by nonnative plants. Honokohau NHP), and private Nothocestrum breviflorum. This section Special management is also required to ownership. The critical habitat units we is occupied by the plants Bidens prevent the introduction and spread of describe below constitute our current micrantha spp. ctenophylla and nonnative plant species into native best assessment of those areas that meet Mezoneuron kavaiense and includes the habitats. Particular attention is required the definition of critical habitat for the mixed herbland and shrubland, the in nonnative plant control efforts to three species of plants. moisture regime, and canopy, avoid creating additional disturbances Because some of the proposed critical subcanopy, and understory native plant that may facilitate the further habitat for the three plants overlays species identified as physical or introduction and establishment of critical habitat already designated for biological features in the lowland dry invasive plant seeds. Precautions are other plant species on the island of ecosystem (see Table 4). also required to avoid the inadvertent Hawaii, we have incorporated the maps trampling of listed plant species in the of the areas proposed for critical habitat This section also contains unoccupied course of management activities. in this proposed rule into the existing habitat that is essential to the The active control of nonnative plant critical habitat unit numbering system conservation of these two species by species will help to address the threat established for the plants on the island providing the PCEs necessary for the posed by fire in all six of the proposed of Hawaii in the Code of Federal expansion of the existing wild critical habitat units. This threat is Regulations (50 CFR 17.99(k)). This populations. Although Hawaii— largely a result of the presence of required further subdividing some of the Lowland Dry—Section 1 is not known nonnative plant species such as the ecosystem areas that we identified as to be occupied by Isodendrion grasses Pennisetum setaceum and ‘‘sections’’ into units that correspond to pyrifolium, we have determined this Melinis minutiflora that increase the both existing and new critical habitat area to be essential for the conservation fuel load and quickly regenerate after a unit numbers and maps numbers as and recovery of this lowland dry species fire. These nonnative grass species can published in the CFR. The maps and because it provides the PCEs necessary outcompete native plants that are not area descriptions presented here for the reestablishment of wild adapted to fire, creating a grass-fire represent the lowland dry ecosystem populations within its historical range. cycle that alters ecosystem functions areas that we have identified for the Due to its small numbers of individuals (D’Antonio and Vitousek 1992, pp. 64– three plant species, subdivided into a this species requires suitable habitat and 66; Brooks et al. 2004, p. 680). total of 6 sections. The critical habitat space for expansion or reintroduction to In summary, we find that each of the unit numbers and the corresponding achieve population levels that could areas we are proposing as critical habitat map numbers that will appear at 50 CFR approach recovery.

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Hawaii—Lowland Dry—Unit 32 kavaiense and includes the mixed recovery of these lowland dry species consists of 21 ac (8 ha) of State land, herbland and shrubland, the moisture because it provides the physical or and 1,758 ac (712 ha) of privately regime, and canopy, subcanopy, and biological features necessary for the owned land for a total of 1,779 ac (720 understory native plant species reestablishment of wild populations ha), at Waikoloa on the western slope of identified as physical or biological within the historical ranges of the Mauna Kea between the elevations of features in the lowland dry ecosystem species. Due to their small numbers of 720 and 1,220 ft (220 and 372 m). This (see Table 4). Although Hawaii— individuals or low population sizes, unit is not in previously designated Lowland Dry—Unit 32 is not currently these two species require suitable critical habitat and comprises proposed occupied by Bidens micrantha ssp. habitat and space for expansion or critical habitat shown on Map 105 in ctenophylla or Isodendrion pyrifolium, reintroduction to achieve population we have determined this area to be this proposed rule. This unit is levels that could approach recovery. occupied by the plant Mezoneuron essential for the conservation and

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BILLING CODE 4310–55–C herbland and shrubland, the moisture ctenophylla and Isodendrion pyrifolium, Hawaii—Lowland Dry—Unit 33 regime, and canopy, subcanopy, and we have determined this area to be consists of 1,080 ac (437 ha) of State understory native plant species essential for the conservation and land, and 502 ac (203 ha) of privately identified as physical or biological recovery of these lowland dry species owned land, from Puukala to Kalaoa on features in the lowland dry ecosystem because it provides the PCEs necessary the western slope of Hualalai between (see Table 4). This unit also contains for the reestablishment of wild the elevations of 360 and 1,080 ft (110 unoccupied habitat that is essential to populations within their historical and 329 m). This unit is not in the conservation of this species by range. Due to their small numbers of previously designated critical habitat providing the PCEs necessary for the individuals or low population sizes, and comprises proposed critical habitat Hawaii—Lowland Dry—Unit 33 of Map expansion of the existing wild these species require suitable habitat 106 in this proposed rule. This unit is populations. Although Hawaii— and space for expansion or occupied by the plant Mezoneuron Lowland Dry—Unit 33 is not known to reintroduction to achieve population kavaiense and includes the mixed be occupied by Bidens micrantha ssp. levels that could approach recovery.

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Hawaii—Lowland Dry—Unit 34 397 ac (161 ha) of Federal land for a serve its intended conservation role for consists of 259 ac (105 ha) of State land, total of 402 ac (163 ha), near the the species. and 702 ac (284 ha) of privately owned coastline at Kaloko and Honokohau on If a species is listed or critical habitat land for a total of 961 ac (389 ha), from the western slope of Hualalai between is designated, section 7(a)(2) of the Act Kalaoa to Puukala on the western slope the elevations of 20 and 90 ft (6 and 27 requires Federal agencies to ensure that of Hualalai between the elevations of m). This unit is not in previously activities they authorize, fund, or carry 280 and 600 ft (85 and 183 m). This unit designated critical habitat and out are not likely to jeopardize the is not in previously designated critical comprises proposed critical habitat continued existence of the species or to habitat and comprises proposed critical Hawaii—Lowland Dry—Unit 36 of Map destroy or adversely modify its critical habitat Hawaii—Lowland Dry—Unit 34 106 in this proposed rule. This unit is habitat. If a Federal action may affect a of Map 106 in this proposed rule. This occupied by the plant Bidens micrantha listed species or its critical habitat, the unit is occupied by the plant Bidens ssp. ctenophylla, and includes the responsible Federal agency (action micrantha ssp. ctenophylla, and mixed herbland and shrubland, the agency) must enter into consultation includes the mixed herbland and moisture regime, and canopy, with us. As a result of this consultation, shrubland, the moisture regime, and subcanopy, and understory native plant we issue either: canopy, subcanopy, and understory species identified as physical or (1) A concurrence letter for Federal native plant species identified as biological features in the lowland dry actions that may affect, but are not physical or biological features in the ecosystem (see Table 4). This unit also likely to adversely affect, listed species lowland dry ecosystem (see Table 4). contains unoccupied habitat for the or critical habitat; or This unit also contains unoccupied plant Isodendrion pyrifolium that is (2) A biological opinion for Federal habitat that is essential to the essential to the conservation of this actions that may affect, and are likely to conservation of this species by species by providing the PCEs necessary adversely affect, listed species or critical providing the PCEs necessary for the for the expansion of the existing wild habitat. expansion of the existing wild populations. Although Hawaii— If we issue a biological opinion populations. Although Hawaii— Lowland Dry—Unit 36 is not known to concluding that a project is likely to Lowland Dry—Unit 34 is not known to be occupied by Isodendrion pyrifolium, jeopardize the continued existence of a be occupied by Isodendrion pyrifolium we have determined this area to be listed species or destroy or adversely and Mezoneuron kavaiense, we have essential for the conservation and modify critical habitat, we also provide determined this area to be essential for recovery of this lowland dry species reasonable and prudent alternatives to the conservation and recovery of these because it provides the PCEs necessary the project, if any are identifiable. We lowland dry species because it provides for the reestablishment of wild define ‘‘reasonable and prudent the PCEs necessary for the populations within its historical range. alternatives’’ at 50 CFR 402.02 as reestablishment of wild populations Due to their small numbers of alternative actions identified during within their historical range. Due to consultation that: individuals or low population sizes, • their small numbers of individuals or these species require suitable habitat Can be implemented in a manner low population sizes, these species and space for expansion or consistent with the intended purpose of require suitable habitat and space for the action; reintroduction to achieve population • expansion or reintroduction to achieve levels that could approach recovery. Can be implemented consistent population levels that could approach with the scope of the Federal agency’s recovery. Effects of Critical Habitat Designation legal authority and jurisdiction; • Hawaii—Lowland Dry—Unit 35 Section 7 Consultation Are economically and consists of 606 ac (245 ha) of State land, technologically feasible; and 19 ac (7.8 ha) of County land, and 568 Section 7(a)(2) of the Act, as • Would, in the Director’s opinion, ac (230 ha) of privately owned land for amended, requires Federal agencies, avoid jeopardizing the continued a total of 1,192 ac (485 ha), at Kealakehe including the Service, to ensure that existence of the listed species or on the western slope of Hualalai actions they fund, authorize, or carry destroying or adversely modifying between the elevations of 80 and 560 ft out are not likely to destroy or adversely critical habitat. (24 and 171 m). This unit is not in modify critical habitat. Decisions by the Reasonable and prudent alternatives previously designated critical habitat Fifth and Ninth Circuit Court of Appeals can vary from slight project and comprises proposed critical habitat have invalidated our definition of modifications to extensive redesign or Hawaii—Lowland Dry—Unit 35 of Map ‘‘destruction or adverse modification’’ relocation of the project. Costs 106 in this proposed rule. This unit is (50 CFR 402.02) (See Gifford Pinchot associated with implementing a occupied by the plants Bidens Task Force v. U.S. Fish and Wildlife reasonable and prudent alternative are micrantha ssp. ctenophylla, Isodendrion Service, 378 F.3d 1059 (9th Cir. 2004) similarly variable. pyrifolium, and Mezoneuron kavaiense, and Sierra Club v. U.S. Fish and Regulations at 50 CFR 402.16 require and includes the mixed herbland and Wildlife Service et al., 245 F.3d 434, Federal agencies to reinitiate formal shrubland, the moisture regime, and 442F (5th Cir. 2001)), and we do not rely consultation on previously reviewed canopy, subcanopy, and understory on this regulatory definition when actions in instances where we have native plant species identified as analyzing whether an action is likely to listed a new species or subsequently physical or biological features in the destroy or adversely modify critical designated critical habitat that may be lowland dry ecosystem (see Table 4). habitat. Under the statutory provisions affected and the Federal agency has This unit also contains unoccupied of the Act, we determine destruction or retained discretionary involvement or habitat that is essential to the adverse modification on the basis of control over the action (or the agency’s conservation of these species by whether, with implementation of the discretionary involvement or control is providing the PCEs necessary for the proposed Federal action, the affected authorized by law). Consequently, expansion of the existing wild critical habitat would remain functional Federal agencies may sometimes need to populations. (or retain those physical or biological request reinitiation of consultation with Hawaii—Lowland Dry—Unit 36 features that relate to the current ability us on actions for which formal consists of 5 ac (2 ha) of State land and of the area to support the species) to consultation has been completed, if

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those actions with discretionary with implementation of the proposed Management Plan (INRMP) by involvement or control may affect Federal action, the affected critical November 17, 2001. An INRMP subsequently listed species or habitat would continue to serve its integrates implementation of the designated critical habitat. intended conservation role for the military mission of the installation with Federal activities that may adversely species, or would retain its current stewardship of the natural resources affect the species included in this ability for the essential features to be found on the base. Each INRMP proposed rule or their designated functionally established. Activities that includes: critical habitat require section 7 may destroy or adversely modify critical • An assessment of the ecological consultation under the Act. This habitat are those that alter the essential needs on the installation, including the includes activities on State, tribal, local, features, or the essential habitat need to provide for the conservation of or private lands requiring a Federal qualities of unoccupied habitat, to an listed species; permit (such as a permit from the U.S. extent that appreciably reduces the • A statement of goals and priorities; Army Corps of Engineers under section conservation value of critical habitat for • A detailed description of 404 of the Clean Water Act (33 U.S.C. the three species identified in this management actions to be implemented 1251 et seq.), or a permit from us under proposed rule. to provide for these ecological needs; section 10 of the Act), or activities Section 4(b)(8) of the Act requires us and involving some other Federal action to briefly evaluate and describe, in any • A monitoring and adaptive (such as funding from the Federal proposed or final regulation that management plan. Highway Administration, Federal designates critical habitat, activities Among other things, each INRMP must, Aviation Administration, or the Federal involving a Federal action that may to the extent appropriate and applicable, Emergency Management Agency). These destroy or adversely modify such provide for fish and wildlife types of activities are subject to the habitat, or that may be affected by such management; fish and wildlife habitat section 7 consultation process. Federal designation. Activities that, when enhancement or modification; wetland actions not affecting listed species or carried out, funded, or authorized by a protection, enhancement, and critical habitat, and actions on State, Federal agency, may destroy or restoration where necessary to support tribal, local, or private lands that are not adversely modify critical habitat for the fish and wildlife; and enforcement of federally funded, authorized, or three plant species, and therefore may applicable natural resource laws. permitted, do not require section 7 be affected by this proposed The National Defense Authorization consultations. designation, include, but are not limited Act for Fiscal Year 2004 (Pub. L. 108– to: 136) amended the Act to limit areas Application of the Jeopardy and (1) Activities that may appreciably eligible for designation as critical Adverse Modification Standards degrade or destroy the physical or habitat. Specifically, section 4(a)(3)(B)(i) Application of the Jeopardy Standard biological features for the species, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) including, but not limited to, The jeopardy analysis usually provides: ‘‘The Secretary shall not overgrazing, maintaining or increasing expresses the survival and recovery designate as critical habitat any lands or feral ungulate levels, clearing or cutting needs of a listed species in a qualitative other geographical areas owned or native live trees and shrubs (e.g., fashion without making distinctions controlled by the Department of woodcutting, bulldozing, construction, between what is necessary for survival Defense, or designated for its use, that road building, mining, herbicide and what is necessary for recovery. are subject to an integrated natural application), and taking actions that Generally, the jeopardy analysis focuses resources management plan prepared pose a risk of fire. on the status of a species, the factors under section 101 of the Sikes Act (16 (2) Activities that may alter watershed U.S.C. 670a), if the Secretary determines responsible for that condition, and what characteristics in ways that would is necessary for the species to survive in writing that such plan provides a appreciably reduce groundwater benefit to the species for which critical and recover. An emphasis is also placed recharge or alter natural, wetland, on characterizing the condition of the habitat is proposed for designation.’’ aquatic, or vegetative communities. We consult with the military on the species in the area affected by the Such activities include new water development and implementation of proposed Federal action. That context is diversion or impoundment, excess INRMPs for installations with listed then used to determine the significance groundwater pumping, and species. We analyze INRMPs developed of adverse and beneficial effects of the manipulation of vegetation through by military installations located within proposed Federal action and any activities such as the ones mentioned in the areas that were being considered for cumulative effects for purposes of (1) above. critical habitat designation during the making the jeopardy determination. The (3) Recreational activities that may development of this proposed rule to jeopardy analysis also considers any appreciably degrade vegetation. determine if these installations may conservation measures that may be (4) Mining sand or other minerals. warrant consideration for exemption proposed by a Federal action agency to (5) Introducing or encouraging the under section 4(a)(3) of the Act. There minimize or compensate for adverse spread of nonnative plant species. are no Department of Defense (DOD) effects to the species or to promote its (6) Importing nonnative species for lands within this proposed critical recovery. research, agriculture, and aquaculture, habitat designation. Therefore, no lands Application of the Adverse Modification and releasing biological control agents. have been exempted from this proposed Standard Application of Section 4(a)(3) of the Act critical habitat designation under The analytical framework described The Sikes Act Improvement Act of section 4(a)(3) of the Act. in the Director’s December 9, 2004, 1997 (Sikes Act) (16 U.S.C. 670a) Exclusions memorandum is used to complete required each military installation that section 7(a)(2) analysis for Federal includes land and water suitable for the Application of Section 4(b)(2) of the Act actions affecting critical habitat. The key conservation and management of Section 4(b)(2) of the Act states that factor related to the adverse natural resources to complete an the Secretary must designate or make modification determination is whether, Integrated Natural Resources revisions to critical habitat on the basis

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of the best available scientific data after reasonable expectation exists that the Pacific Islands Fish and Wildlife taking into consideration relevant conservation management strategies and Office directly (see FOR FURTHER impacts, including economic and actions will be implemented, that those INFORMATION CONTACT). During the national security impacts, of specifying responsible for implementing the plan development of a final designation, we any particular area as critical habitat. are capable of achieving the objectives, will consider economic impacts, public The Secretary may exclude an area from that an implementation schedule exists, comments, and other new information, critical habitat if he determines that the and that adequate funding exists; (4) and as an outcome of our analysis of benefits of such exclusion outweigh the whether the plan provides assurances this information, we may exclude areas benefits of specifying such area as part that the conservation strategies and from the final critical habitat of the critical habitat, unless he measures will be effective (i.e., designation under section 4(b)(2) of the determines, based on the best scientific identifies biological goals, has Act and our implementing regulations at data available, that the failure to provisions for reporting progress, and is 50 CFR 424.19. designate such area as critical habitat of a duration sufficient to implement the will result in the extinction of the plan); (5) whether the plan has a Exclusions Based on National Security species. monitoring program or adaptive Impacts When considering the benefits of management to ensure that the Under section 4(b)(2) of the Act, we inclusion of an area in critical habitat, conservation measures are effective; (6) consider whether there are lands owned we consider the regulatory benefits that the degree to which the record supports or managed by the DOD where a area would receive from the protection a conclusion that a critical habitat national security impact might exist. from adverse modification or designation would impair the benefits of There are no DOD lands within this destruction as a result of consultation the plan; (7) the extent of public proposed critical habitat designation, under section 7(a)(2) of the Act for participation; (8) a demonstrated track and we are unaware of any potential actions with a Federal nexus; the record of implementation success; (9) impacts to national security on any educational benefits of mapping habitat the level of public benefits derived from lands within the proposed critical essential for recovery of the listed encouraging collaborative efforts and habitat designation. Therefore, we do species; and any benefits that may result encouraging private and local not propose to exclude any areas from from a designation due to State or conservation efforts; and (10) the effect the final designation based on impacts Federal laws that may apply to critical designation would have on on national security, but will fully habitat. Benefits could include public partnerships. We will also consider consider all comments in this regard in awareness of the presence of listed whether these efforts would be affected the final critical habitat designation. species and the importance of habitat by critical habitat, and, if so, whether protection, and in cases where a Federal this would outweigh the benefits of Exclusions Based on Other Relevant nexus exists, increased habitat critical habitat. Factors protection due to the protection from Based on the information provided by Under section 4(b)(2) of the Act, we adverse modification or destruction of entities seeking exclusion, as well as consider any other relevant impacts, in critical habitat. any additional public comments we addition to economic impacts and When considering the benefits of receive, we will evaluate whether impacts to national security. We exclusion, we consider factors such as certain lands in proposed critical habitat consider a number of factors, including whether exclusion of a specific area is may be appropriate for exclusion from whether the landowners have developed likely to result in conservation; the the final designation. continuation, strengthening, or To ensure that our final determination any conservation plans or other encouragement of partnerships; or the is based on the best available management plans for the area, or implementation of a management plan information, we are inviting comments whether there are conservation that provides equal to or more on any foreseeable economic, national partnerships that would be encouraged conservation than a critical habitat security, or other potential impacts by designation of, or exclusion from, designation would provide. resulting from this proposed designation critical habitat. We also consider any The Secretary can consider of critical habitat from governmental, social impacts that might occur because conservation agreements and other land business, or private interests and, in of the designation. management plans with Federal, particular, or any potential impacts on We have identified certain areas that private, State, and tribal entities when small businesses. we are considering excluding from the making decisions under section 4(b)(2) final revised critical habitat designation of the Act. The Secretary may also Exclusions Based on Economic Impacts for the three plant species based on consider voluntary partnerships and Under section 4(b)(2) of the Act, we conservation partnerships. However, we conservation plans, and weigh the consider the economic impacts of solicit comments on the inclusion or implementation and effectiveness of specifying any particular area as critical exclusion of such particular areas (see these against that of designation. habitat. In order to consider economic ‘‘Public Comments’’ section). During the Consideration of relevant impacts of impacts, we are preparing an analysis of development of the final designation, designation or exclusion under section the potential economic impacts of the we will consider economic and other 4(b)(2) may include, but is not limited proposed critical habitat designation relevant impacts, public comments, and to, any of the following factors: (1) and related factors. other new information before deciding if Whether the plan provides specific We will announce the availability of inclusion or exclusion of these areas is information on how it protects the the draft economic analysis as soon as warranted. As a result, additional areas, species and the physical or biological it is completed, at which time we will in addition to those identified below for features, and whether the plan is at a seek public review and comment. At potential exclusion in this proposed geographic scope commensurate with that time, copies of the draft economic rule, may be excluded from the final the species; (2) whether the plan is analysis will be available for critical habitat designation under complete and will be effective at downloading from the Internet at the section 4(b)(2) of the Act. Alternatively, conserving and protecting the physical Federal eRulemaking Portal: http:// we may decide not to exclude these or biological features; (3) whether a www.regulations.gov, or by contacting lands based on information received

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during the public comment period or Conservation Partnerships on Non- lands at other new information. Federal Lands Kaupulehu on the western slope of Kamehameha Schools Hualalai between the elevations of 940 and 2,600 ft (2,90 and 7,90 m) (Figure We are considering excluding 2,834 3). ac (1,147 ha) of habitat associated with

Two plant species included in this essential to the conservation of final rule. In addition, we are requesting rule (Bidens micrantha ssp. ctenophylla Isodendrion pyrifolium. comments and information regarding and Mezoneuron kavaiense) occur in Kamehameha Schools is conducting these areas and will determine whether this area. The area under consideration voluntary actions to promote the these lands may warrant exclusion from falls within proposed critical habitat conservation of rare and endangered critical habitat in our final rule for the Hawaii Unit 31, Map 104, and species and their lowland dry ecosystem three plants for which critical habitat is comprises the entire area owned by habitats on their lands, including the here proposed on Kamehameha Schools Kamehameha Schools (2,834 ac (1,147 installation of fencing to exclude land. ha)) within the proposed designation ungulates, restoring habitat, conducting actions to reduce rodent populations, Palamanui Global Holdings LLC (see Table 5B). This unit is occupied by reestablishing native plant species, and The Service is considering excluding the plants Bidens micrantha ssp. conducting activities reducing the threat 502 ac (203 ha) of habitat associated ctenophylla and Mezoneuron kavaiense of wildfire. We will continue working with the land owned by Palamanui and contains the features essential to the with Kamehameha Schools during the Global Holdings LLC (Palamanui) at lowland dry ecosystem and therefore public comment period, and will make Kau, on the western slope of Hualalai essential to each species. This area also a determination regarding the exclusion between the elevations of 400 and 1,000 contains unoccupied habitat that is from critical habitat designation in the ft (120 and 300 m) (Figure 4). The area

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under consideration falls within This unit is occupied by the plant conservation of the proposed plant, proposed critical habitat Hawaii— Mezoneuron kavaiense and contains the Bidens micrantha ssp. ctenophylla, and Lowland Dry—Unit 33, Map 106, and features essential to the lowland dry the endangered plant, Isodendrion comprises the entire area owned by ecosystem and therefore for this species. pyrifolium. Palamanui (502 ac (203 ha)) within the This area also contains habitat that is proposed designation (see Table 5B). unoccupied but essential to the

The Kona Community Development planned community (Palamanui (Group 70 International 2004, p. 3–36; Plan (Hawaii County Ordinance 08–131) Hiluhilu Development Project), which DHHL 2009, p. 10). A portion of the identifies the lands owned by includes single and multi-family proposed development (502 ac (203 ha)) Palamanui Global Holdings LLC as residential units, university residential falls within the area of proposed critical located within the Kona Urban Area facilities, health facilities, research and habitat in Hawaii—Lowland Dry—Unit with a land use designation of Urban development facilities, mixed 33. Expansion (Wilson Okamoto commercial development, a small hotel, Palamanui Global Holdings LLC is Corporation 2008, pp. 4–29—4–37). natural and cultural preserves, parks, involved in several voluntary actions Hiluhilu Development LLC has open space, and parking areas on a 725- that promote the conservation of rare proposed development of a master ac (293-ha) parcel owned by Palamanui and endangered species on their lands,

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including their participation in the and will determine whether these lands Corporation (Figure 5–A), SCD–TSA North Kona Dry Forest working group, may warrant exclusion from critical Kaloko Makai LLC (Figure 5–B), and the construction of fencing to exclude habitat in our final rule for the three TSA Corporation (Figure 5–C). Two ungulates, developing a dry forest plants for which critical habitat is plant species included in this rule preserve management plan, and proposed here on Palamanui Global Bidens micrantha ssp. ctenophylla and establishing a fenced research area to Holdings LLC land. Mezoneuron kavaiense are reported measure and monitor forest dynamics Kaloko Makai Development from this area. The area under within the lowland dry ecosystem. We consideration for exclusion falls within The Service is considering excluding will continue working with Palamanui 630 ac (255 ha) of habitat associated proposed critical habitat Hawaii— Global Holdings LLC during the public with the Kaloko Makai Development, on Lowland Dry—Unit 34, Map 106, and is comment period for the proposed rule, the western slope of Hualalai in the land comprised of, in their entirety, the areas and will make a determination divisions of Kaloko and Ooma between owned by Kaloko Properties regarding the exclusion from critical the elevations of 320 and 650 ft (100 and Corporation, SCD–TSA Kaloko Makai habitat designation in the final rule. In 200 m). There are three landowners LLC, and TSA Corporation within the addition, we are requesting comments with a common interest in the Kaloko proposed designation (see Table 5B). and information regarding these areas Makai Development, Kaloko Properties BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Hawaii Unit 34, Map 106. This project promote the conservation of rare and This unit is occupied by the plant is a master-planned, mixed-use endangered species, including setting Bidens micrantha ssp. ctenophylla and community village consisting of 5,000 aside a Dryland Forest Preserve area in contains the features essential to the single and multi-family residential perpetuity, installing fencing to exclude lowland dry ecosystem and therefore units, up to 1.1 million square (sq) ft ungulates, removing ungulates, and this species. This area also contains (102,193 sq m) of commercial space, eradicating nonnative species. The unoccupied habitat that is essential to light industrial use, three public school landowner is also working with the the conservation of Isodendrion sites, a dryland forest preserve, park and State to develop a multi-species habitat pyrifolium and Mezoneuron kavaiense. open space, a site for development of a conservation plan that will provide a SCD–TSA Kaloko Makai LLC has regional hospital, and four potable well net conservation benefit to the covered proposed the Kaloko Makai sites (Hookuleana LLC 2011). species. We will continue working with Development, a master-planned The developers of Kaloko Makai are Kaloko Makai LLC during the public community on 1,139 ac (461 ha) of participating in several important comment period for the proposed rule, which 630 ac (255 ha) are included partnerships, conservation agreements, and will make a determination within the proposed critical habitat and other actions on their lands to regarding the exclusion from critical

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habitat designation in the final rule. In the lands owned by Lanihau Properties, Lanihau Properties within the proposed addition, we are requesting comments on the western slope of Hualalai at designation. This unit is occupied by and information regarding these areas Kaloko between the elevations of 320 the plant Bidens micrantha ssp. and will determine whether these lands and 440 ft (100 and 135 m) (Figure 6). ctenophylla and contains the features may warrant exclusion from critical Two plant species included in this rule, essential to the lowland dry ecosystem habitat in the final rule for the three Bidens micrantha ssp. ctenophylla and and therefore essential to this species. plants for which critical habitat is Mezoneuron kavaiense, are reported This area also contains unoccupied proposed here on Kaloko Makai from this area. The area under habitat that is essential to the Development land. consideration falls within proposed conservation of Isodendrion pyrifolium Lanihau Properties critical habitat Hawaii—Lowland Dry— and Mezoneuron kavaiense. The Service is considering excluding Unit 34, Map 106, and comprises the 47 ac (19 ha) of habitat associated with entire area (47 ac (19 ha)) owned by

Lanihau Properties is promoting the strategies, conservation agreements, and Dryland Forest Preserve. We will conservation of rare and endangered by setting aside a portion of their land continue working with Lanihau species through their land management for establishment of the Kaloko Makai Properties during the public comment

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period, and will make a determination Department of Hawaiian Homelands critical habitat Hawaii—Lowland Dry— regarding the exclusion from critical Unit 35, Map 106, and comprises a habitat designation in the final rule. In The Service is considering excluding portion of the 355 ac (144 ha) owned by addition, we are requesting comments 87 ac (35 ha) of habitat associated with DHHL within the proposed designation and information regarding these areas the DHHL’s Villages of Laiopua (see Table 5B). The area owned by and will determine whether these lands development at Kealakehe on the DHHL that is not being considered for may warrant exclusion from critical western slope of Hualalai between the exclusion is approximately 268 ac (109 habitat in our final rule for the three elevations of 400 and 720 ft (122 and ha) in size. This unit is occupied by the plants for which critical habitat is 220 m) (Figure 7). Three plant species plants Bidens micrantha ssp. proposed here on Lanihau Properties included in this rule (Bidens micrantha ctenophylla, Isodendrion pyrifolium and ssp. ctenophylla, Isodendrion land. Mezoneuron kavaiense, and contains pyrifolium, and Mezoneuron kavaiense) the features essential to the lowland dry occur in this area. The area under ecosystem and therefore essential to consideration falls within proposed each species.

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Beginning in 1990, Housing and 39624; July 2, 2003). The exclusion of measures conducted for I. pyrifolium Community Development Corporation this area under 4(b)(2) of the Act was and N. ovata in the lowland dry of Hawaii (HCDCH) was the State based on the Trust’s offer to implement ecosystem on the Trust’s lands at agency placed in charge of the master- voluntary conservation activities and a Keahuolu. planned community known as ‘‘Villages proposal to: (1) Partner with the Service Although the planned management of Laiopua’’ (VOLA). The construction on a project to conduct research on the activities described above (i.e., of VOLA would be phased, with propagation of Isodendrion pyrifolium, propagation and outplanting, and increments of the proposed 1,700 homes and (2) set aside two areas totaling habitat conservation) are consistent with (of which approximately 60 percent, approximately 53 ac (21 ha) and allow recovery objectives for the endangered I. would be offered as affordable housing) for the outplanting of I. pyrifolium, pyrifolium (USFWS 1996, pp. 1–252), developed as discrete villages as Neraudia ovata, and other endangered they do not address conservation of the funding allowed. From 1993 to 1999, species. other two plants, the plant Bidens the Service, DOFAW, and HCDCH In 2004, the Service and the Trust micrantha ssp. ctenophylla or the worked to develop a mitigation plan for partnered on a project to conduct endangered plant Mezoneuron the listed and other rare plant species research on propagation of Isodendrion kavaiense (USFWS 1994, pp. 1–82), for affected by the proposed development. pyrifolium and Neraudia ovata to: (1) which critical habitat is proposed. In 1999, HCDCH produced the Secure genetic material in ex situ Further, since 2005, we are unaware of ‘‘Mitigation Plan for Endangered storage, and (2) provide individuals for efforts to outplant propagated Species at Villages of Laiopua, reintroduction or restoration projects. individuals of I. pyrifolium or any Kealakehe, North Kona, Hawaii’’ to The Service and the Trust each current plans to conserve listed species address impacts to listed and other contributed $10,000 toward the or their habitats in the lowland dry plant species affected by the completion of the propagation project. ecosystem on the lands at Keahuolu construction and development of VOLA On June 27, 2005, representatives of the owned by the Trust. Therefore, the 329 (Belt Collins Hawaii 1999, pp. 1–29). By Trust, the Service’s Partners for Fish ac (133 ha) of lands owned by the Trust 2004, most of the lands within the and Wildlife Program, Amy Greenwell are not proposed for exclusion in this VOLA development were transferred to Botanical Garden, and U.S. Army proposed critical habitat rule. the DHHL, which, in consultation with Garrison Hawaii—Pohakuloa Training Peer Review the Service, continues to implement Area conducted a site visit to identify these plans for conservation In accordance with our joint policy appropriate outplanting sites for I. management. DHHL is involved in published in the Federal Register on pyrifolium and N. ovata. Since 2005, the several actions to promote the July 1, 1994 (59 FR 34270), we will seek Trust has completed an approximately conservation of rare and endangered the expert opinions of at least three 28-ac (11-ha) chain-link fence exclosure species, including providing funding to appropriate and independent specialists (to discourage human traffic) in the establish and maintain preserves for regarding this proposed rule. The southeast portion of the property above listed plants, installing fencing for purpose of such review is to ensure that Queen Kaahumanu Highway adjacent to ungulate control, removing nonnative our proposed listing and critical habitat plants, and promoting community Palani Road. Within this chain-link designation are based on scientifically volunteer programs that support native exclosure is a smaller exclosure sound data, assumptions, and analyses. plant conservation. In total, DHHL has approximately 2 ac (less than 1 ha) in We have posted our proposed peer allocated $741,564 toward construction size (to exclude feral pigs) in which review plan on our Web site at http:// of the preserves, habitat restoration, and common native plants have been www.fws/pacific/informationquality/ education and community outreach outplanted. For the outplanting effort, index.htm. We will invite these peer activities through 2014. the Trust partnered with Amy reviewers to comment, during the We will continue working with the Greenwell Botanical Garden for public comment period (see DATES), on DHHL during the public comment propagation of native plant material and the specific assumptions and period, and will make a determination used the opportunity to educate the conclusions regarding the proposed regarding the exclusion from critical community regarding the restoration of listing of 15 species and designation of habitat designation in the final rule. In the native lowland dry ecosystem. critical habitat for 3 species. addition, we are requesting comments Because the larger, chain-link exclosure We will consider all comments and and information regarding these areas contains various archaeological features, information we receive during the and will determine whether these lands it has been proposed as a historical comment period on this proposed rule may warrant exclusion from critical preservation preserve. In addition, the during our preparation of a final habitat in our final rule for the three Trust has consulted with numerous determination. Accordingly, our final plants for which critical habitat is cultural descendants of the Keahuolu decision may differ from this proposal. proposed here on DHHL lands at area who are of native Hawaiian Public Hearings Kealakehe. ancestry. Therefore, work in the fenced areas involves consideration of both The Act provides for one or more Lands Previously Excluded Under natural and cultural resources public hearings on this proposal, if Section 4(b)(2) of the Act management. According to Trust requested. Requests for public hearings In 2003, we excluded approximately representatives, all work in the must be made within 45 days of the 329 ac (approximately 133 ha) of land proposed historical preservation publication of this proposal (see DATES). in proposed unit Y2 owned by the preserve has been suspended until the We will schedule public hearings on Queen Liliuokalani Trust (Trust) historical preservation plan has been this proposal, if any are requested, and because we believed there was a higher approved by the State Historic announce the dates, times, and place of likelihood of beneficial conservation Preservation Division. Aside from the those hearings, in the Federal Register activities occurring on those private contribution to research and and local newspapers at least 15 days lands without the designation of critical propagation of I. pyrifolium and before the first hearing. habitat than there would be with a protection of the 2-ac (1-ha) area, there Persons needing reasonable critical habitat designation (68 FR have been no additional conservation accommodations to attend and

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participate in a public hearing should entities. SBREFA amended RFA to Consequently, to assess whether a contact the Pacific Islands Fish and require Federal agencies to provide a ‘‘substantial number’’ of small entities is Wildlife Office at 808–792–9400 as soon statement of the factual basis for affected by this designation, this as possible. To allow sufficient time to certifying that the rule will not have a analysis considers the relative number process requests, please call no later significant economic impact on a of small entities likely to be impacted in than one week before the hearing date. substantial number of small entities. an area. In some circumstances, Information regarding this proposal is Small entities include small especially with critical habitat available in alternative formats upon organizations, such as independent designations of limited extent, we may request. nonprofit organizations; small aggregate across all industries and governmental jurisdictions, including consider whether the total number of Required Determinations school boards and city and town small entities affected is substantial. In These required determinations relate governments that serve fewer than estimating the number of small entities only to the portion of this rule 50,000 residents; as well as small potentially affected, we also consider designating critical habitat. Listing businesses. Small businesses include whether their activities have any determinations are made solely on the manufacturing and mining concerns Federal involvement. basis of the best scientific and with fewer than 500 employees, Under the Act, designation of critical commercial data available. 16 U.S.C. wholesale trade entities with fewer than habitat only affects activities carried 1533(b)(1)(A). 100 employees, retail and service out, funded, or permitted by Federal Regulatory Planning and Review— businesses with less than $5 million in agencies. Some kinds of activities are Executive Order 12866 annual sales, general and heavy unlikely to have any Federal construction businesses with less than involvement and so will not be affected Executive Order 12866 provides that $27.5 million in annual business, by critical habitat designation. However, the Office of Information and Regulatory special trade contractors doing less than in some States there are State laws that Affairs (OIRA) will review all significant $11.5 million in annual business, and limit activities in designated critical rules. The Office of Information and agricultural businesses with annual habitat even where there is no Federal Regulatory Affairs has determined that sales less than $750,000. To determine nexus. If there is a Federal nexus, this rule is not significant. if potential economic impacts to these Federal agencies would be required to Executive Order 13563 reaffirms the small entities are significant, we consult with us under section 7 of the principles of E.O. 12866 while calling consider the types of activities that Act on activities they fund, permit, or for improvements in the nation’s might trigger regulatory impacts under carry out that may affect critical habitat. regulatory system to promote this rule, as well as the types of project If we conclude, in a biological opinion, predictability, to reduce uncertainty, modifications that may result. In that a proposed action is likely to and to use the best, most innovative, general, the term ‘‘significant economic destroy or adversely modify critical and least burdensome tools for impact’’ is meant to apply to a typical habitat, we can offer ‘‘reasonable and achieving regulatory ends. The small business firm’s business prudent alternatives.’’ Reasonable and executive order directs agencies to operations. prudent alternatives are alternative consider regulatory approaches that The RFA/SBREFA defines ‘‘small actions that can be implemented in a reduce burdens and maintain flexibility governmental jurisdiction’’ as the manner consistent with the scope of the and freedom of choice for the public government of a city, county, town, Federal agency’s legal authority and where these approaches are relevant, school district, or special district with a jurisdiction, that are economically and feasible, and consistent with regulatory population of less than 50,000. By this technologically feasible, and that would objectives. E.O. 13563 emphasizes definition, Hawaii County is not a small avoid destroying or adversely modifying further that regulations must be based governmental jurisdiction because its critical habitat. on the best available science and that population was estimated at 185,079 A Federal agency and an applicant the rulemaking process must allow for residents in 2010 (http://hawaii.gov/ may elect to implement a reasonable public participation and an open dbedt/info/census/Census_2010). and prudent alternative associated with exchange of ideas. We have developed Certain State agencies may be affected a biological opinion that has found this rule in a manner consistent with by the proposed critical habitat adverse modification of critical habitat. these requirements. designation—such as the Department of An agency or applicant could Land and Natural Resources and the alternatively choose to seek an Regulatory Flexibility Act (5 U.S.C. 601 State Department of Transportation. exemption from the requirements of the et seq.) However, for the purposes of the RFA, Act or proceed without implementing Under the Regulatory Flexibility Act State governments are considered the reasonable and prudent alternative. (RFA; 5 U.S.C. 601 et seq., as amended independent sovereigns, not small However, unless an exemption were by the Small Business Regulatory governments. obtained, the Federal agency would be Enforcement Fairness Act (SBREFA) of To determine if a designation of at risk of violating section 7(a)(2) of the 1996), whenever an agency must critical habitat could significantly affect Act if it chose to proceed without publish a notice of rulemaking for any a substantial number of small entities, implementing the reasonable and proposed or final rule, it must prepare we consider the number of small prudent alternatives. We may also and make available for public comment entities affected within particular types identify discretionary conservation a regulatory flexibility analysis that of economic activities (e.g., housing recommendations designed to minimize describes the effects of the rule on small development, grazing, oil and gas or avoid the adverse effects of a entities (small businesses, small production, timber harvesting). We proposed action on critical habitat, to organizations, and small government apply the ‘‘substantial number’’ test help implement recovery plans, or to jurisdictions). However, no regulatory individually to each industry to develop information that could flexibility analysis is required if the determine if certification is appropriate. contribute to the recovery of the species. head of the agency certifies the rule will However, the SBREFA does not Within the proposed critical habitat not have a significant economic impact explicitly define ‘‘substantial number’’ designation, the types of actions or on a substantial number of small or ‘‘significant economic impact.’’ authorized activities that we have

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identified as potential concerns and that comm.). A draft management plan for species HCP, to minimize and mitigate may be subject to consultation under the biological resources within the the impacts of the proposed section 7 if there is a Federal nexus are: Palamanui Hiluhilu Development development on the plant, Bidens (1) Activities that might degrade or project area includes the creation of a micrantha ssp. ctenophylla, and four destroy the primary constituent lowland dry forest preserve and other endangered plants, Mezoneuron elements for the species, including, but protective measures to benefit three kavaiense, Neraudia ovata, not limited to: (a) Grazing; (b) endangered plants, Mezoneuron Nothocestrum breviflorum, and maintaining or increasing feral ungulate kavaiense, Nothocestrum breviflorum, Pleomele hawaiiensis (Hookuleana LLC levels; (c) clearing or cutting native live and Pleomele hawaiiensis, and their 2011). In addition, Lanihau Properties trees and shrubs; (d) bulldozing; (e) habitats (see Palamanui Global Holdings owns private land immediately adjacent construction; (f) road building; (g) LLC above). Also within proposed to the Kaloko Makai Development and mining; (h) herbicide application; and critical habitat Hawaii Unit 33 and to is involved in a joint conservation (i) taking actions that pose a risk of fire; the south of the parcel owned by agreement with the Service, the FHWA, (2) activities that may alter watershed Palamanui Global Holdings LLC, is a DOFAW, the County of Hawaii, and the characteristics in ways that would 500-ac (202-ha) parcel owned by the owners of the Kaloko Makai reduce groundwater recharge or alter State of Hawaii, a portion of which will Development. In 2010, the Service natural, wetland, aquatic, or vegetative be developed for the University of concluded an informal consultation communities (e.g., new water diversion Hawaii Center West Hawaii campus under section 7 of the Act with the or impoundment activities, groundwater (UHCWH) (Wil Chee—Planning & FHWA to address impacts to the same pumping, and manipulation of Environmental, Inc. 2007, p. 1). four endangered plants and one species vegetation through activities such as the Development of UHCWH buildings proposed for listing in this rule (see ones mentioned above); (3) recreational within a 78-acre portion of the State above) associated with the proposed activities that may degrade vegetation; owned parcel could begin as early as construction of Ane Keohokalole (4) mining sand or other minerals; (5) May 2012 (Jensen 2011, in litt.). At this Highway from Hina Lani Street to Palani introducing or encouraging the spread time we are unaware of ongoing actions Road. The proposed highway segments of nonnative plant species; (6) importing or authorized activities with a Federal covered in the consultation fall within nonnative species for research, nexus that may be subject to Hawaii Unit 34 in the north and Hawaii agriculture, and aquaculture; and (7) consultations under section 7 of the Act Unit 35 in the south. The Service, SCD– releasing biological control agents. on the 502 ac (203 ha) of private land TSA Kaloko Makai LLC, FWHA, the Three of the proposed critical habitat owned by Palamanui Global Holdings County of Hawaii, and Lanihau units (Hawaii Unit 33, Hawaii Unit 34, LLC. Palamanui Global Holdings LLC Properties negotiated several measures and Hawaii Unit 35) contain has demonstrated a willingness to to achieve conservation for the four commercial operations or proposed manage these lands in a manner endangered and one plant species commercial operations. Hawaii Unit 33 compatible with the conservation of proposed for listing in this rule (see totals approximately 1,583 ac (640 ha) listed and nonlisted species, therefore in above) impacted by highway and extends from Puukala to Kalaoa on this proposed rule we are considering construction and related development the western slope of Hualalai between excluding these 502 ac (203 ha) of land activities. At this time we are unaware the elevations of 360 and 1,080 ft (110 owned by Palamanui Global Holdings of any other ongoing actions or and 329 m). Approximately 1,080 ac LLC within proposed Hawaii Unit 33. If authorized activities with a Federal (437 ha) of this unit are owned by the these lands are excluded from critical nexus that may be subject to State of Hawaii and 502 ac (203 ha) are habitat under section 4(b)(2) of the Act consultation under section 7 of the Act privately owned by Palamanui Global in our final rule because the benefits of on the 630 ac (255 ha) of private land Holdings LLC. The area owned by exclusion outweigh the benefits of owned by the three landowners with a Palamanui Global Holdings LLC and critical habitat designation, consultation common interest in the Kaloko Makai proposed within Hawaii Unit 33 with us under section 7 of the Act on Development or the 47 ac (19 ha) owned comprises a portion of the 725-ac (293- activities funded, permitted, or carried by Lanihau Partners. These landowners ha) Palamanui Hiluhilu Development out by Federal agencies will not be have demonstrated a willingness to project, which includes single and triggered. manage these lands in a manner multi-family residential units, Proposed Hawaii Unit 34 totals 961 ac compatible with the conservation of university residential facilities, health (389 ha) and extends from Kaloko to listed and nonlisted species. Therefore, facilities, research and development Ooma on the western slope of Hualalai in this proposed rule we are considering facilities, mixed commercial between the elevations of 280 and 600 excluding these 676 ac (274 ha) of development, a small hotel, natural and ft (85 and 183 m). There are 259 ac (105 privately owned land within proposed cultural preserves, parks, open space, ha) of State land, and 702 ac (284 ha) critical habitat Hawaii Unit 34. If these and parking areas (Group 70 of privately owned land in this lands are excluded from critical habitat International 2004, p. 3–36; DHHL 2009, proposed unit. The Kaloko Makai under section 4(b)(2) of the Act in our p. 10). Plans called for the Palamanui Development is proposed on private final rule because the benefits of Hiluhilu Development project to be land within this unit. Several exclusion outweigh the benefits of developed over a 10-year period landowners with a common interest in critical habitat designation, consultation beginning in 2004, in a sequence of the proposed Kaloko Makai with us under section 7 of the Act on phases starting with infrastructure and Development include Kaloko Properties activities funded, permitted, or carried continuing with residential, multi- Corporation, SCD–TSA Kaloko Makai out by Federal agencies would not be family, and commercial improvements. LLC, and TSA Corporation. A triggered. However, to date, only construction of description of the proposed Kaloko Forest City Hawaii Kona proposes to certain infrastructure improvements Makai Development is given above (see develop a master-planned community have been completed, and the sale of Kaloko Makai Development). SCD–TSA consisting of approximately 270 ac (109 residential lots is not anticipated until Kaloko Makai LLC is working with the ha) of privately owned lands in 2013, at the earliest (Harris 2011, pers. State’s DOFAW to develop a multi- proposed critical habitat Hawaii Unit 35

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for the HFDC. The development will and 2008, we designated critical habitat habitat. This action was not conducted include 1,020 to 2,330 single and multi- for 41 endangered plants on Hawaii in proposed critical habitat. family residences (including the Island (68 FR 39624; July 2, 2003); for The second formal consultation was proposed Keahuolu Affordable Housing the Blackburn’s sphinx moth on conducted on behalf of the FHWA Project), commercial and retail space, a Molokai, Maui, and Kahoolawe, and the regarding the Saddle Road Realignment site reserved for a school, parks, an island of Hawaii (68 FR 34710; June 10, and Improvement Project. The FHWA archaeological preserve, and open 2003); and for 12 picture-wing flies on proposed road construction activities in space. The State environmental review Kauai, Oahu, Molokai, Maui, and critical habitat for the endangered plants process has been completed and the Hawaii Island (73 FR 73794; December Clermontia peleana and Cyanea developer is targeting early 2012, for 4, 2008). We discuss our formal and platyphylla. Because the proposed receiving the grading and construction informal consultations conducted prior project included beneficial actions for permits for Phase 1 of development to 2003 on Hawaii Island in our final these species in other areas to offset any (Fujimoto 2011a, in litt.; Fujimoto rules to designate critical habitat on this impacts to habitat from road 2011b, in litt.). At this time we are island (68 FR 34710, June 10, 2003; 68 construction actions, the Service unaware of any ongoing actions or FR 39624, July 2, 2003). determined that this action was not authorized activities with a Federal Since the 2003 critical habitat likely to adversely modify critical nexus that may be subject to designations on Hawaii Island, we have habitat. This action was not conducted consultation under section 7 of the Act conducted 25 formal consultations and in proposed critical habitat. on the 270 ac (109 ha) of land owned 260 informal consultations on Hawaii The third formal consultation was by Forest City Hawaii Kona. Island, in addition to consultations on conducted on behalf of NOAA regarding None of the other three proposed Federal grants to State wildlife programs Pelekane Bay Watershed restoration. critical habitat units contain any that do not affect small entities. Of these The project area overlapped with 243 ac significant residential, commercial, 285 formal and informal consultations, (98 ha) of unoccupied critical habitat for industrial, or golf-course projects; crop 18 formal consultations and 60 informal an endangered plant Achyranthes farming; or intensive livestock consultations were primarily mutica. The NOAA proposed to build operations. Few projects are planned for consultations regarding Federal permits an ungulate exclosure fence around the locations in these other proposed to Service employees to implement 16,000-ac (6,500-ha) project area, critical habitat units. This situation conservation actions for listed species. remove all the ungulates within the reflects the fact that existing land-use The remainder, 7 formal consultations fenced area, and outplant native plants. controls severely limit development and and 225 informal consultations, Because these actions would greatly most other economic activities in the involved (in order of frequency) the enhance the suitability of the site to rugged lava terrain of the north Kona Department of Agriculture (USDA- support Achyranthes mutica in the region of Hawaii Island. Natural Resources Conservation Service future, and likely result in an overall Existing and planned projects, land (NRCS), USDA-Pesticide Branch, and benefit to the critical habitat by uses, and activities that could affect the USDA-Animal and Plant Health ameliorating several threats, the Service proposed critical habitat but have no Inspection Service (APHIS)), Federal determined that this project was not Federal involvement would not require Communications Commission (FCC), likely to adversely modify Achyranthes section 7 consultation with the Service, National Park Service (NPS), Federal mutica critical habitat. so they are not restricted by the Highway Administration (FHWA), The majority of the 225 informal requirements of the Act. Further, Department of Housing and Urban consultations that did not involve although some existing and continuing Development (HUD), Department of Service actions were related to proposed activities involve the operation and Transportation (DOT), U.S. Army, project effects on seabird (e.g., Newell’s maintenance of existing manmade Environmental Protection Agency shearwater (Puffinus auricularis newelli) features and structures in certain areas, (EPA), Hawaii Army National Guard, and Hawaiian petrel (Pterodroma these areas do not contain the physical National Oceanic Atmospheric phaeopygia)) flyways, the nene or or biological features for the species, Administration (NOAA), U.S. Hawaiian goose (Branta sandvicensis), and would not be impacted by the Geological Survey-Biological Resource the opeapea or Hawaiian hoary bat designation. Finally, for the anticipated Division (USGS–BRD), Federal (Lasiurus cinereus semotus), the io or projects and activities that will have Emergency Management Agency Hawaiian hawk (Buteo solitarius), and Federal involvement, many are (FEMA), U.S. Coast Guard, and the U.S. other listed species and their associated conservation efforts that would not Army Corps of Engineers. habitats. About one-third of the informal negatively impact critical habitat, so Three of the seven formal consultations were conducted with the they will not be subjected to a consultations concerned designated USDA for proposed funding for habitat protracted informal section 7 critical habitat, and we concurred with restoration projects under NRCS consultation. We also anticipate that a each agency’s determination that the programs such as the Wildlife Habitat developer or other project proponent project as proposed, was not likely to Incentives Program and Environmental could modify a project or take measures destroy or adversely modify critical Quality Incentives Program. A small to conserve critical habitat, if habitat. number of the informal consultations designated. One of the formal consultations was involved the FCC and the construction In addition, Federal agencies may also conducted on behalf of the U.S. Army of cellular telecommunication sites. need to reinitiate a previous Garrison regarding routine military Thirteen of the 260 informal consultation if discretionary training at the Pohakuloa Training Area consultations concerned designated involvement or control over the Federal (PTA). The U.S. Army proposed critical habitat, and in all cases we action has been retained or is authorized helicopter pinnacle landings in palila concurred with each agency’s by law and the activities may affect (Loxioides bailleui) critical habitat (42 determination that the project, as critical habitat. In 1984, we designated FR 40685; August 11, 1977). The Service proposed, had no effect or was not critical habitat for the endangered plant, determined the pinnacle landings on likely to adversely modify critical Kokia drynarioides (49 FR 47397; Puu Omaokaoli at PTA were not likely habitat. These projects were divided December 4, 1984), and between 2003 to adversely modify palila critical between conservation actions that

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would benefit listed species, statute, or regulation that would impose programs listed above onto State construction, and agricultural an enforceable duty upon State, local, or governments. operations. For the 247 informal tribal governments, or the private sector, (b) We do not believe that this rule consultations that did not concern and includes both ‘‘Federal would significantly or uniquely affect designated critical habitat, we intergovernmental mandates’’ and small governments. The lands we are concurred with each agency’s ‘‘Federal private sector mandates.’’ proposing for critical habitat determination that the project, as These terms are defined in 2 U.S.C. designation are owned by the County of proposed, was not likely to adversely 658(5)–(7). ‘‘Federal intergovernmental Hawaii, the State of Hawaii, private affect listed species. mandate’’ includes a regulation that citizens, and the Federal Government. In this rule, we are proposing to ‘‘would impose an enforceable duty None of these entities fit the definition designate critical habitat on a total upon State, local, or tribal governments’’ of ‘‘small governmental jurisdiction.’’ 18,766 ac (7,597 ha) of land. Fifty-five with two exceptions. It excludes ‘‘a Therefore, a Small Government Agency percent (10,304 ac (4,170 ha)) of this condition of Federal assistance.’’ It also Plan is not required. However, we will proposed critical habitat designation excludes ‘‘a duty arising from further evaluate this issue as we overlaps with already designated critical participation in a voluntary Federal conduct our economic analysis, and habitat for one or more species, and 45 program,’’ unless the regulation ‘‘relates review and revise this assessment as percent (8,464 ac (3,426 ha)) of the to a then-existing Federal program warranted. proposed designation is on land newly under which $500,000,000 or more is Takings—Executive Order 12630 proposed as critical habitat. Some of the provided annually to State, local, and Federal actions that were subject to tribal governments under entitlement In accordance with E.O. 12630 previous section 7 consultation are on authority,’’ if the provision would (Government Actions and Interference with Constitutionally Protected Private the lands we are proposing as critical ‘‘increase the stringency of conditions of Property Rights), we have analyzed the habitat in this rule. Therefore, there may assistance’’ or ‘‘place caps upon, or potential takings implications of be a requirement to reinitiate otherwise decrease, the Federal designating critical habitat for each of consultation for some ongoing Federal Government’s responsibility to provide the three species in a takings projects. funding,’’ and the State, local, or tribal implications assessment. The takings In the 2003 and 2008 economic governments ‘‘lack authority’’ to adjust implications assessment concludes that analyses of the designation of critical accordingly. At the time of enactment, this designation of critical habitat for habitat for 41 species of plants on the these entitlement programs were: each of these species does not pose island of Hawaii and Blackburn’s Medicaid; AFDC work programs; Child significant takings implications for sphinx moth, we evaluated the potential Nutrition; Food Stamps; Social Services lands within or affected by the proposed economic effects on small business Block Grants; Vocational Rehabilitation designation. entities resulting from the protection of State Grants; Foster Care, Adoption these species and their habitats related Assistance, and Independent Living; Federalism—Executive Order 13132 to the proposed designation of critical Family Support Welfare Services; and habitat and determined that it would In accordance with E.O. 13132 Child Support Enforcement. ‘‘Federal (Federalism), this proposed rule does not have a significant economic impact private sector mandate’’ includes a on a substantial number of small not have significant Federalism effects. regulation that ‘‘would impose an A federalism impact summary statement entities. The overlap between the enforceable duty upon the private critical habitat designations for the 41 is not required. In keeping with sector, except (i) a condition of Federal Department of the Interior and plant species and the Blackburn’s assistance or (ii) a duty arising from sphinx moth, and this proposed critical Department of Commerce policy, we participation in a voluntary Federal requested information from, and habitat designation is further evidence program.’’ that this proposal is not likely to have coordinated development of, this a significant economic impact on a The designation of critical habitat proposed critical habitat designation substantial number of small entities. does not impose a legally binding duty with appropriate State resource agencies Based on our evaluation above, we on non-Federal Government entities or in Hawaii. The critical habitat have determined that the proposed private parties. Under the Act, the only designation may have some benefit to designation of critical habitat for Bidens regulatory effect is that Federal agencies these governments because the areas micrantha ssp. ctenophylla, Isodendrion must ensure that their actions do not that contain the features essential to the pyrifolium, and Mezoneuron kavaiense destroy or adversely modify critical conservation of the species would be will not have a significant impact on a habitat under section 7. While non- more clearly defined, and the essential substantial number of small entities, for Federal entities that receive Federal features themselves are specifically the reasons described above. As a result, funding, assistance, or permits, or that identified. While making this definition an initial Regulatory Flexibility otherwise require approval or and identification does alter where and Analysis is not required. However, we authorization from a Federal agency for what federally sponsored activities may will reevaluate the potential impacts to an action, may be indirectly impacted occur, it may assist local governments in small entities in the economic analysis by the designation of critical habitat, the long–range planning (rather than having we develop for this proposed legally binding duty to avoid them wait for case-by-case section 7 designation. destruction or adverse modification of consultations to occur). critical habitat rests squarely on the Where State and local governments Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the require approval or authorization from a U.S.C. 1501 et seq.) extent that non-Federal entities are Federal agency for actions that may In accordance with the Unfunded indirectly impacted because they affect critical habitat, consultation Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate under section 7(a)(2) would be required. seq.), we make the following findings: in a voluntary Federal aid program, the While non-Federal entities that receive (a) This rule would not produce a Unfunded Mandates Reform Act would Federal funding, assistance, or permits, Federal mandate. In general, a Federal not apply, nor would critical habitat or that otherwise require approval or mandate is a provision in legislation, shift the costs of the large entitlement authorization from a Federal agency for

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an action, may be indirectly impacted the Ninth Circuit (Douglas County v. Statement of Energy Effects is required. by the designation of critical habitat, the Babbitt, 48 F.3d 1495 (9th Cir. 1995), Any comments we receive addressing legally binding duty to avoid cert. denied 516 U.S. 1042 (1996)). energy supply will be fully considered destruction or adverse modification of and addressed in our final Clarity of the Rule critical habitat rests squarely on the determination. Federal agency. We are required by Executive Orders 12866 and 12988 and by the References Cited Civil Justice Reform—Executive Order Presidential Memorandum of June 1, 12988 A complete list of references cited in 1998, to write all rules in plain this rule is available on the Internet at In accordance with E.O. 12988 (Civil language. This means that each rule we http://www.regulations.gov and upon Justice Reform), the Office of the publish must: request from the Pacific Islands Fish Solicitor has determined that the rule (a) Be logically organized; and Wildlife Office (see FOR FURTHER (b) Use the active voice to address does not unduly burden the judicial INFORMATION CONTACT, above). system and that it meets the readers directly; requirements of sections 3(a) and 3(b)(2) (c) Use clear language rather than Authors jargon; of the Order. We propose designating The primary authors of this document critical habitat in accordance with the (d) Be divided into short sections and sentences; and are the staff members of the Pacific provisions of the Act. This proposed Islands Fish and Wildlife Office. rule uses standard property descriptions (e) Use lists and tables wherever and identifies the physical and possible. List of Subjects in 50 CFR part 17 biological features within the designated If you feel that we have not met these requirements, send us comments by one Endangered and threatened species, areas to assist the public in Exports, Imports, Reporting and understanding the habitat needs of each of the methods listed in the ADDRESSES section. To better help us revise the recordkeeping requirements, and of the species being considered in this Transportation. proposed rule. rule, your comments should be as specific as possible. For example, you Proposed Regulation Promulgation Paperwork Reduction Act of 1995 (44 should tell us the numbers of the U.S.C. 3501 et seq.) sections or paragraphs that are unclearly Accordingly, we propose to amend This rule does not contain any new written, which sections or sentences are part 17, subchapter B of chapter I, title collections of information that require too long, the sections where you feel 50 of the Code of Federal Regulations, approval by OMB under the Paperwork lists or tables would be useful, etc. as set forth below: Reduction Act of 1995 (44 U.S.C. 3501 Energy Supply, Distribution, or Use PART 17—[AMENDED] et seq.). This rule will not impose recordkeeping or reporting requirements On May 18, 2001, the President issued 1. The authority citation for part 17 on State or local governments, an Executive Order (E.O. 13211; Actions continues to read as follows: individuals, businesses, or Concerning Regulations That Authority: 16 U.S.C. 1361–1407; 16 U.S.C. organizations. An agency may not Significantly Affect Energy Supply, Distribution, or Use) on regulations that 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– conduct or sponsor, and a person is not 625, 100 Stat. 3500; unless otherwise noted. required to respond to, a collection of significantly affect energy supply, information unless it displays a distribution, and use. Executive Order 2. Amend § 17.11(h), the List of currently valid OMB control number. 13211 requires agencies to prepare Endangered and Threatened Wildlife, as Statements of Energy Effects when follows: National Environmental Policy Act undertaking certain actions. This a. By adding an entry for ‘‘Fly, (NEPA) proposed rule to designate critical Hawaiian picture-wing’’ (Drosophila It is our position that, outside the habitat for Bidens micrantha ssp. digressa), in alphabetical order under jurisdiction of the Circuit Court of the ctenophylla, Isodendrion pyrifolium, INSECTS, to read as set forth below; and United States for the Tenth Circuit, we and Mezoneuron kavaiense is not a b. By adding an entry for ‘‘Shrimp, do not need to prepare environmental significant regulatory action under E.O. anchialine pool’’ (Vetericaris analyses as defined by NEPA (42 U.S.C. 12866. There are no energy facilities chaceorum), in alphabetical order under 4321 et seq.) in connection with within the footprint of the proposed CRUSTACEANS, to read as set forth designating critical habitat under the critical habitat boundaries. Accordingly, below. Act. We published a notice outlining we do not expect the designation of this our reasons for this determination in the proposed critical habitat to significantly § 17.11 Endangered and threatened Federal Register on October 25, 1983 affect energy supplies, distribution, or wildlife. (48 FR 49244). This assertion was use. Therefore, this action is not a * * * * * upheld by the U.S. Court of Appeals for significant energy action, and no (h) * * *

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

******* INSECTS

******* Fly, Hawaiian picture- Drosophila digressa .... U.S.A. (HI) ...... NA E NA NA wing.

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

******* CRUSTACEANS

******* Shrimp, anchialine pool Vetericaris chaceorum U.S.A. (HI) ...... NA E NA NA

*******

3. Amend § 17.12(h), the List of c. By adding entries for Bidens ssp. macraei, Schiedea hawaiiensis, and Endangered and Threatened Plants, as hillebrandiana ssp. hillebrandiana, Stenogyne cranwelliae in alphabetical follows: Bidens micrantha ssp. ctenophylla, order under FLOWERING PLANTS, to a. By removing the entry for Cyanea marksii, Cyanea tritomantha, read as set forth below. Caesalpinia kavaiensis under Cyrtandra nanawaleensis, Cyrtandra FLOWERING PLANTS, wagneri, Mezoneuron kavaiense, § 17.12 Endangered and threatened plants. b. By revising the entry for Phyllostegia floribunda, Pittosporum * * * * * Isodendrion pyrifolium under hawaiiense, Platydesma remyi, FLOWERING PLANTS to read as set (h) * * * Pritchardia lanigera, Schiedea diffusa forth below;

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* * * * * k. By removing the map in paragraph § 17.99 Critical habitat; plants on the 4. Amend § 17.99 as follows: (k)(102)(ii), and adding in its place the Hawaiian Islands, HI. a. By revising the section heading to map set forth below; * * * * * read as set forth below; l. By redesignating paragraphs (k) Maps and critical habitat unit b. By revising the introductory text of (k)(104) and (k)(105) as paragraphs paragraph (k) to read as set forth below; (k)(121) and (k)(122); descriptions for the island of Hawaii, c. By revising the index map at m. By adding new paragraphs HI. Critical habitat units are described paragraph (k)(1) as set forth below; (k)(104), (k)(105), (k)(106), (k)(107), below. Coordinates are in UTM Zone 4 d. By redesignating paragraphs (k)(40) (k)(108), (k)(109), (k)(110), (k)(111), with units in meters using North through (k)(52) as paragraphs (k)(41) (k)(112), (k)(113), (k)(114), (k)(115), American Datum of 1983 (NAD83). The through (k)(53); (k)(116), (k)(117), (k)(118), (k)(119), and following map shows the general e. By adding new paragraph (k)(40) to (k)(120), to read as set forth below; locations of the critical habitat units read as set forth below; n. By revising newly designated designated on the island of Hawaii. f. By redesignating newly designated paragraph (k)(121) to read as set forth Existing manmade features and paragraphs (k)(46) through (k)(53) as below; structures, such as buildings, roads, paragraphs (k)(48) through (k)(55); o. By removing the entry ‘‘Family railroads, airports, runways, other paved g. By adding new paragraphs (k)(46) Violaceae: Isodendrion pyrifolium areas, lawns, and other urban and (k)(47) to read as set forth below; (wahine noho kula)’’ from paragraph landscaped areas, are not included in h. By removing the map in paragraph (l)(1); and the critical habitat designation. Federal (k)(97)(ii), and adding in its place the p. By adding entries for ‘‘Family actions limited to those areas, therefore, Asteraceae: Bidens micrantha ssp. map set forth below; would not trigger a consultation under i. By removing the map in paragraph ctenophylla’’, ‘‘Family Fabaceae: section 7 of the Act unless they may (k)(100)(ii), and adding in its place the Mezoneuron kavaiense’’, and ‘‘Family affect the species or physical or map set forth below; Violaceae: Isodendrion pyrifolium’’ in j. By removing the map in paragraph alphabetical order by family name to biological features in adjacent critical (k)(101)(ii), and adding in its place the paragraph (l)(1) to read as set forth habitat. map set forth below; below: (1) NOTE: Map 1, Index map, follows:

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* * * * * ctenophylla–a.]. This unit is also critical paragraphs (k)(46) and (k)(47), (40) Hawaii 10—Bidens micrantha habitat for Hawaii 10—Isodendrion respectively, of this section). ssp. ctenophylla–a (1,179 ha; 2,914 ac) pyrifolium–a and Hawaii 10— (ii) NOTE: Map 39a follows: (i) [Reserved for textual description of Mezoneuron kavaiense–a (see Hawaii 10—Bidens micrantha ssp.

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* * * * * (46) Hawaii 10—Isodendrion (100) * * * (101) * * * pyrifolium–a (1,179 ha; 2,914 ac) (i) * * * (i) * * * (i) See paragraph (k)(40)(i) of this (ii) NOTE: Map 100 follows: (ii) NOTE: Map 101 follows: section for the textual description of this unit. (ii) See paragraph (k)(40)(ii) of this section for the map of this unit. (47) Hawaii 10—Mezoneuron kavaiense–a (1,179 ha; 2,914 ac) (i) See paragraph (k)(40)(i) of this section for the textual description of this unit. (ii) See paragraph (k)(40)(ii) of this section for the map of this unit. * * * * * (97) * * * (i) * * * (ii) NOTE: Map 97 follows:

* * * * * * * * * *

* * * * *

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(104) Hawaii 31–Bidens micrantha (102) * * * ssp. ctenophylla–b (9,936 ac; 4,021 ha) (i) * * * (i) [Reserved for textual description of Hawaii 31–Bidens micrantha ssp. (ii) NOTE: Map 102 follows: ctenophylla–b.] This unit is also critical habitat for Hawaii 31–Isodendrion pyrifolium–b and Hawaii 31– Mezoneuron kavaiense– b (see paragraphs (k)(105) and (k)(106), respectively, of this section). (ii) NOTE: Map 104 follows:

* * * * *

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(105) Hawaii 31–Isodendrion (i) See paragraph (k)(104)(i) of this ctenophylla–c.] This unit is also critical pyrifolium–b (9,936 ac; 4,021 ha) section for the textual description of this habitat for Hawaii 32–Isodendrion (i) See paragraph (k)(104)(i) of this unit. pyrifolium–c and Hawaii 32– section for the textual description of this (ii) See paragraph (k)(104)(ii) of this Mezoneuron kavaiense–c (see unit. section for the map of this unit. paragraphs (k)(108) and (k)(109), (ii) See paragraph (k)(104)(ii) of this (107) Hawaii 32–Bidens micrantha respectively, of this section). section for the map of this unit. ssp. ctenophylla–c (1,779 ac; 720 ha) (106) Hawaii 31–Mezoneuron (i) [Reserved for textual description of (ii) NOTE: Map 105 follows: kavaiense–b (9,936 ac; 4,021 ha) Hawaii 32–Bidens micrantha ssp.

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(108) Hawaii 32—Isodendrion (i) See paragraph (k)(107)(i) of this for Hawaii 33—Isodendrion pyrifolium– pyrifolium–c (1,779 ac; 720 ha) section for the textual description of this d and Hawaii 33—Mezoneuron (i) See paragraph (k)(107)(i) of this unit. kavaiense—d (see paragraphs (k)(111) section for the textual description of this (ii) See paragraph (k)(107)(ii) of this and (k)(112), respectively of this unit. section for the map of this unit. section). (ii) See paragraph (k)(107)(ii) of this (110) Hawaii 33—Bidens micrantha section for the map of this unit. ssp. ctenophylla–d (1,583 ac; 640 ha), (ii) NOTE: Map 106 follows: (109) Hawaii 32—Mezoneuron (i) [Reserved for textual description of kavaiense–c (1,779 ac; 720 ha) Unit 33.] This unit is also critical habitat

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BILLING CODE 4310–55–C

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(111) Hawaii 33—Isodendrion (i) See paragraph (k)(113)(i) of this (ii) See paragraph (k)(110)(ii) of this pyrifolium–d (1,583 ac; 640 ha) section for the textual description of this section for the map of this unit. (i) See paragraph (k)(110)(i) of this unit. (118) Hawaii 35—Mezoneuron section for the textual description of this (ii) See paragraph (k)(110)(ii) of this kavaiense–f (1,192 ac; 485 ha) unit. section for the map of this unit. (i) See paragraph (k)(116)(i) of this (ii) See paragraph (k)(110)(ii) of this (115) Hawaii 34—Mezoneuron section for the textual description of this section for the map of this unit. kavaiense–e (961 ac; 389 ha) unit. (112) Hawaii 33—Mezoneuron (i) See paragraph (k)(113)(i) of this (ii) See paragraph (k)(110)(ii) of this kavaiense–d (1,583 ac; 640 ha) section for the textual description of this section for the map of this unit. (i) See paragraph (k)(110)(i) of this unit. (119) Hawaii 36—Bidens micrantha (ii) See paragraph (k)(110)(ii) of this section for the textual description of this ssp. ctenophylla–g (402 ac; 163 ha) section for the map of this unit. unit. (116) Hawaii 35—Bidens micrantha (i) [Reserved for textual description of (ii) See paragraph (k)(110)(ii) of this ssp. ctenophylla–f (1,192 ac; 485 ha) Unit 36.] This unit is also critical habitat section for the map of this unit. (i) [Reserved for textual description of for Hawaii 36—Isodendrion pyrifolium– (113) Hawaii 34—Bidens micrantha Unit 35.] This unit is also critical habitat g (see paragraph (k)(120) of this section). ssp. ctenophylla–e (961 ac; 389 ha) for Hawaii 35—Isodendrion pyrifolium– (ii) See paragraph (k)(110)(ii) of this (i) [Reserved for textual description of f and Hawaii 35—Mezoneuron section for the map of this unit. Unit 34.] This unit is also critical habitat kavaiense—f (see paragraphs (k)(117) (120) Hawaii 36—Isodendrion for Hawaii 34—Isodendrion pyrifolium– and (k)(118), respectively of this pyrifolium–g (402 ac; 163 ha) e and Hawaii 34—Mezoneuron section). (i) See paragraph (k)(119)(i) of this kavaiense–e (see paragraphs (k)(114) (ii) See paragraph (k)(110)(ii) of this section for the textual description of this and (k)(115), respectively of this section for the map of this unit. unit. section). (117) Hawaii 35—Isodendrion (ii) See paragraph (k)(110)(ii) of this (ii) See paragraph (k)(110)(ii) of this pyrifolium–f (1,192 ac; 485 ha) section for the map of this unit. section for the map of this unit. (i) See paragraph (k)(116)(i) of this (121) Table of Protected Species (114) Hawaii 34—Isodendrion section for the textual description of this Within Each Critical Habitat Unit for the pyrifolium–e (961 ac; 389 ha) unit. Island of Hawaii

Unit name Species occupied Species unoccupied

Hawaii 1—Clermontia lindseyana–a ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 1—Clermontia peleana–a ...... Clermontia peleana ...... Clermontia peleana. Hawaii 1—Clermontia pyrularia–a ...... Clermontia pyrularia. Hawaii 1—Cyanea shipmanii–a ...... Cyanea shipmanii ...... Cyanea shipmanii. Hawaii 1—Phyllostegia racemosa–a ...... Phyllostegia racemosa ...... Phyllostegia racemosa. Hawaii 2—Clermontia lindseyana–b ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 2—Clermontia pyrularia–b ...... Clermontia pyrularia ...... Clermontia pyrularia. Hawaii 2—Phyllostegia racemosa–b ...... Phyllostegia racemosa ...... Phyllostegia racemosa. Hawaii 3—Clermontia peleana–b ...... Clermontia peleana ...... Clermontia peleana. Hawaii 3—Cyanea platyphylla–a ...... Cyanea platyphylla ...... Cyanea platyphylla. Hawaii 3—Cyrtandra giffardii–a ...... Cyrtandra giffardii ...... Cyrtandra giffardii. Hawaii 3—Cyrtandra tintinnabula–a ...... Cyrtandra tintinnabula ...... Cyrtandra tintinnabula. Hawaii 3—Phyllostegia warshaueri–a ...... Phyllostegia warshaueri ...... Phyllostegia warshaueri. 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 ...... Isodendrion hosakae. 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 5—Nothocestrum breviflorum–a ...... Nothocestrum breviflorum. Hawaii 6—Nothocestrum breviflorum–b ...... Nothocestrum breviflorum ...... Nothocestrum breviflorum. Hawaii 7—Pleomele hawaiiensis–a ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 8—Clermontia drepanomorpha–a ...... Clermontia drepanomorpha ...... Clermontia drepanomorpha. Hawaii 8—Phyllostegia warshaueri–b ...... Phyllostegia warshaueri ...... Phyllostegia warshaueri. Hawaii 9—Achyranthes mutica–a ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–b ...... Achyranthes mutica ...... Achyranthes mutica. 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 10—Argyroxiphium kauense–a ...... Argyroxiphium kauense. Hawaii 10—Bidens micrantha ssp. ctenophylla–a ...... Bidens micrantha ssp. ctenophylla. Hawaii 10—Bonamia menziesii–a ...... Bonamia menziesii. Hawaii 10—Colubrina oppositifolia–a ...... Colubrina oppositifolia ...... Colubrina oppositifolia. Hawaii 10—Delissea undulata–a ...... Delissea undulata. Hawaii 10—Delissea undulata–b ...... Delissea undulata ...... Delissea undulata.

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Unit name Species occupied Species unoccupied

Hawaii 10—Hibiscadelphus hualalaiensis–a ...... Hibiscadelphus hualalaiensis ...... Hibiscadelphus hualalaiensis. Hawaii 10—Hibiscus brackenridgei–a ...... Hibiscus brackenridgei ...... Hibiscus brackenridgei. Hawaii 10—Isodendrion pyrifolium–a ...... Isodendrion pyrifolium. Hawaii 10—Mezoneuron kavaiense–a ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 10—Neraudia ovata–a ...... Neraudia ovata. Hawaii 10—Nothocestrum breviflorum–c ...... Nothocestrum breviflorum ...... Nothocestrum breviflorum. Hawaii 10—Pleomele hawaiiensis–b ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 10—Solanum incompletum–a ...... Solanum incompletum. Hawaii 10—Zanthoxylum dipetalum ssp. tomentosum–a ...... Zanthoxylum dipetalum ssp. Zanthoxylum dipetalum ssp. tomentosum. tomentosum. Hawaii 11—Cyanea hamatiflora ssp. carlsonii–a ...... Cyanea hamatiflora ssp. carlsonii Cyanea hamatiflora ssp. carlsonii. Hawaii 11—Solanum incompletum–b ...... Solanum incompletum. Hawaii 14—Cyanea hamatiflora ssp. carlsonii–b ...... Cyanea hamatiflora ssp. carlsonii. Hawaii 15—Cyanea hamatiflora ssp. carlsonii–c ...... Cyanea hamatiflora ssp. carlsonii. Hawaii 15—Cyanea stictophylla–a ...... Cyanea stictophylla ...... Cyanea stictophylla. Hawaii 16—Cyanea hamatiflora ssp. carlsonii–d ...... Cyanea hamatiflora ssp. carlsonii Cyanea hamatiflora ssp. carlsonii. Hawaii 16—Cyanea stictophylla–b ...... Cyanea stictophylla ...... Cyanea stictophylla. Hawaii 17—Diellia erecta–a ...... Diellia erecta ...... Diellia erecta. Hawaii 17—Flueggea neowawraea–a ...... Flueggea neowawraea ...... Flueggea neowawraea. Hawaii 18—Colubrina oppositifolia–b ...... Colubrina oppositifolia ...... Colubrina oppositifolia. Hawaii 18—Diellia erecta–b ...... Diellia erecta ...... Diellia erecta. Hawaii 18—Flueggea neowawraea–b ...... Flueggea neowawraea ...... Flueggea neowawraea. Hawaii 18—Gouania vitifolia–a ...... Gouania vitifolia ...... Gouania vitifolia. Hawaii 18—Neraudia ovata–d ...... Neraudia ovata ...... Neraudia ovata. Hawaii 18—Pleomele hawaiiensis–c ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 19—Mariscus fauriei–a ...... Mariscus fauriei ...... Mariscus fauriei. Hawaii 20—Sesbania tomentosa–a ...... Sesbania tomentosa ...... Sesbania tomentosa. Hawaii 21—Ischaemum byrone–a ...... Ischaemum byrone. Hawaii 22—Ischaemum byrone–b ...... Ischaemum byrone ...... Ischaemum byrone. Hawaii 23—Pleomele hawaiiensis–d ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 23—Sesbania tomentosa–b ...... Sesbania tomentosa ...... Sesbania tomentosa. Hawaii 24—Argyroxiphium kauense–b ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 24—Asplenium fragile var. insulare–a ...... Asplenium fragile var. insulare ...... Asplenium fragile var. insulare. Hawaii 24—Cyanea stictophylla–c ...... Cyanea stictophylla. Hawaii 24—Melicope zahlbruckneri–a ...... Melicope zahlbruckneri. Hawaii 24—Phyllostegia velutina–a ...... Phyllostegia velutina ...... Phyllostegia velutina. Hawaii 24—Plantago hawaiensis–a ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 25—Argyroxiphium kauense–c ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 25—Plantago hawaiensis–b ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 25—Silene hawaiiensis–a ...... Silene hawaiiensis ...... Silene hawaiiensis. Hawaii 26—Hibiscadelphus giffardianus–a ...... Hibiscadelphus giffardianus ...... Hibiscadelphus giffardianus. Hawaii 26—Melicope zahlbruckneri–b ...... Melicope zahlbruckneri ...... Melicope zahlbruckneri. Hawaii 27—Portulaca sclerocarpa–a ...... Portulaca sclerocarpa ...... Portulaca sclerocarpa. Hawaii 27—Silene hawaiiensis–b ...... Silene hawaiiensis ...... Silene hawaiiensis. Hawaii 28—Adenophorus periens–a ...... Adenophorus periens ...... Adenophorus periens. Hawaii 29—Clermontia peleana–c ...... Clermontia peleana ...... Clermontia peleana. Hawaii 29—Cyanea platyphylla–b ...... Cyanea platyphylla ...... Cyanea platyphylla. Hawaii 29—Cyrtandra giffardii–b ...... Cyrtandra giffardii. Hawaii 29—Cyrtandra tintinnabula–b ...... Cyrtandra tintinnabula. Hawaii 30—Argyroxiphium kauense–d ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 30—Clermontia lindseyana–c ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 30—Cyanea shipmanii–b ...... Cyanea shipmanii ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii–c ...... Cyanea shipmanii. Hawaii 30—Cyanea stictophylla–d ...... Cyanea stictophylla. Hawaii 30—Cyrtandra giffardii–c ...... Cyrtandra giffardii ...... Cyrtandra giffardii. Hawaii 30—Phyllostegia racemosa–c ...... Phyllostegia racemosa. Hawaii 30—Phyllostegia velutina–b ...... Phyllostegia velutina ...... Phyllostegia velutina. Hawaii 30—Plantago hawaiensis–c ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 30—Sicyos alba–a ...... Sicyos alba ...... Sicyos alba. Hawaii 31—Bidens micrantha ssp. ctenophylla–b ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 31—Isodendrion pyrifolium–b ...... Isodendrion pyrifolium. Hawaii 31—Mezoneuron kavaiense–b ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 32—Bidens micrantha ssp. ctenophylla–c ...... Bidens micrantha ssp. ctenophylla. Hawaii 32—Isodendrion pyrifolium–c ...... Isodendrion pyrifolium. Hawaii 32—Mezoneuron kavaiense–c ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 33—Bidens micrantha ssp. ctenophylla–d ...... Bidens micrantha ssp. ctenophylla. Hawaii 33—Isodendrion pyrifolium–d ...... Isodendrion pyrifolium. Hawaii 33—Mezoneuron kavaiense–d ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 34—Bidens micrantha ssp. ctenophylla–e ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 34—Isodendrion pyrifolium–e ...... Isodendrion pyrifolium. Hawaii 34—Mezoneuron kavaiense–e ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 35—Bidens micrantha ssp. ctenophylla–f ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 35—Isodendrion pyrifolium–f ...... Isodendrion pyrifolium ...... Isodendrion pyrifolium. Hawaii 35—Mezoneuron kavaiense–f ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense.

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Unit name Species occupied Species unoccupied

Hawaii 36—Bidens micrantha ssp. ctenophylla–g ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 36—Isodendrion pyrifolium–g ...... Isodendrion pyrifolium.

* * * * * (v) Subcanopy: Chamaesyce, FAMILY VIOLACEAE: (l) Plants on Hawaii; Constituent Dodonaea, Osteomeles, Psydrax, Isodendrion pyrifolium (WAHINE elements. Scaevola, Wikstroemia. NOHO KULA) (1) Flowering plants. (vi) Understory: Alyxia, Artemisia, * * * * * Bidens, Capparis, Chenopodium, Hawaii 10—Isodendrion pyrifolium–a, (1) Plants on Hawaii; Constituent Nephrolepis, Peperomia, Sicyos. Hawaii 31—Isodendrion pyrifolium–b, Hawaii 32—Isodendrion pyrifolium–c, elements. * * * * * (1) Flowering plants. Hawaii 33—Isodendrion pyrifolium–d, FAMILY FABACEAE: Hawaii 34—Isodendrion pyrifolium–e, * * * * * Hawaii 35—Isodendrion pyrifolium–f, Mezoneuron kavaiense (UHIUHI) FAMILY ASTERACEAE: and Hawaii 36—Isodendrion pyrifolium–g, identified in the legal Bidens micrantha ssp. ctenophylla Hawaii 10—Mezoneuron kavaiense–a, descriptions in paragraph (k) of this (KOOKOOLAU) Hawaii 31—Mezoneuron kavaiense–b, Hawaii 32—Mezoneuron kavaiense–c, section, constitute critical habitat for Hawaii 10—Bidens micrantha ssp. Hawaii 33—Mezoneuron kavaiense–d, Isodendrion pyrfolium on Hawaii ctenophylla–a, Hawaii 31—Bidens Hawaii 34—Mezoneuron kavaiense–e, Island. In units Hawaii 10—Isodendrion micrantha ssp. ctenophylla–b, Hawaii and Hawaii 35—Mezoneuron pyrifolium–a, Hawaii 31—Isodendrion 32—Bidens micrantha ssp. ctenophylla– kavaiense–f, identified in the legal pyrifolium–b, Hawaii 32—Isodendrion c, Hawaii 33—Bidens micrantha ssp. descriptions in paragraph (k) of this pyrifolium–c, Hawaii 33—Isodendrion ctenophylla–d, Hawaii 34—Bidens section, constitute critical habitat for pyrifolium–d, Hawaii 34—Isodendrion micrantha ssp. ctenophylla–e, Hawaii Mezoneuron kavaiense on Hawaii pyrifolium–e, Hawaii 35—Isodendrion 35—Bidens micrantha ssp. ctenophylla– Island. In units Hawaii 10—Mezoneuron pyrifolium–f, and Hawaii 36— f, and Hawaii 36—Bidens micrantha kavaiense–a, Hawaii 31—Mezoneuron Isodendrion pyrifolium–g, the physical ssp. ctenophylla–g, identified in the kavaiense–b, Hawaii 32—Mezoneuron and biological features of critical habitat legal descriptions in paragraph (k) of kavaiense–c, Hawaii 33—Mezoneuron are: this section, constitute critical habitat kavaiense–d, Hawaii 34—Mezoneuron (i) Elevation: Less than 3,300 ft (1,000 for Bidens micrantha ssp. ctenophylla kavaiense–e, and Hawaii 35— m). on Hawaii Island. In units Hawaii 10– Mezoneuron kavaiense–f, the physical (ii) Annual precipitation: Less than 50 Bidens micrantha ssp. ctenophylla–a, and biological features of critical habitat in (130 cm). Hawaii 31—Bidens micrantha ssp. are: (iii) Substrate: Weathered silty loams ctenophylla–b, Hawaii 32—Bidens to stony clay, rocky ledges, little- micrantha ssp. ctenophylla–c, Hawaii (i) Elevation: Less than 3,300 ft (1,000 m). weathered lava. 33—Bidens micrantha ssp. ctenophylla– (iv) Canopy: Diospyros, Erythrina, d, Hawaii 34—Bidens micrantha ssp. (ii) Annual precipitation: Less than 50 Metrosideros, Myoporum, Pleomele, ctenophylla–e, Hawaii 35—Bidens in (130 cm). Santalum, Sapindus. micrantha ssp. ctenophylla–f, and (iii) Substrate: Weathered silty loams (v) Subcanopy: Chamaesyce, Hawaii 36—Bidens micrantha ssp. to stony clay, rocky ledges, little- Dodonaea, Osteomeles, Psydrax, ctenophylla–g, the physical and weathered lava. Scaevola, Wikstroemia. biological features of critical habitat are: (iv) Canopy: Diospyros, Erythrina, (vi) Understory: Alyxia, Artemisia, (i) Elevation: Less than 3,300 ft (1,000 Metrosideros, Myoporum, Pleomele, Bidens, Capparis, Chenopodium, m). Santalum, Sapindus. Nephrolepis, Peperomia, Sicyos. (ii) Annual precipitation: Less than 50 (v) Subcanopy: Chamaesyce, * * * * * in (130 cm). (iii) Substrate: Weathered silty loams Dodonaea, Osteomeles, Psydrax, Dated: September 13, 2012. to stony clay, rocky ledges, little- Scaevola, Wikstroemia. Michael Bean, weathered lava. (vi) Understory: Alyxia, Artemisia, Acting Principal Deputy Assistant Secretary (iv) Canopy: Diospyros, Erythrina, Bidens, Capparis, Chenopodium, for Fish and Wildlife and Parks. Metrosideros, Myoporum, Pleomele, Nephrolepis, Peperomia, Sicyos. [FR Doc. 2012–24550 Filed 10–16–12; 8:45 am] Santalum, Sapindus. * * * * * BILLING CODE 4310–55–P

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