Critical Habitat for 83 Plant Species from Kauai and Niihau
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U.S. Fish & Wildlife Service Critical Habitat for 83 Plant Species from Kauai and Niihau Under the Endangered Species Act, the U.S. Fish and Wildlife Service is charged with designating critical habitat for threatened and endangered species whenever it is determined to be prudent and determinable. A proposed rule to designate critical habitat for listed species on the islands of Kauai and Niihau was published in the Federal Register in November 2000. Comments received during the public review period and beyond led to extensive changes in the proposal. Rather than publish a final rule, we are publishing a revised proposed rule to allow interested parties the opportunity to again submit comments. What changes were made from the original proposed rule? Our November 2000 proposal has been significantly revised in response to new biological information and public comments received. These changes are summarized below; more detailed information can be found in the revised proposed rule. Critical habitat was determined to be Photo by Greg Koob/USFWS prudent for additional species: Brighamia insignis or olulu •Critical habitat for Phyllostegia incompletum) that no longer occur on byrone, Mariscus pennatiformis, and waimeae was determined to be “not Kauai but are reported from one or Phlegmariurus nutans) that once prudent” in the November 2000 rule more other islands. However, for occurred on Kauai and are reported based on the fact that this species had three of these species (Achyranthes from one or more other islands. The not been seen recently in the wild and mutica, Isodendrion pyrifolium, and revised Kauai critical habitat proposal no viable genetic material was known Solanum incompletum), critical includes unoccupied areas on Kauai to exist. Information provided during habitat has not been designated on that are essential to their conservation. the comment period indicates Kauai or Niihau because we were Phyllostegia waimeae has been unable to identify essential areas for Critical habitat for four other species rediscovered on Kauai. We have their conservation on these islands. that once occurred on Kauai and reconsidered our earlier finding and Niihau (Hibiscus brackenridgei, determined that critical habitat is Critical habitat was proposed for Phlegmariurus manni, Silene prudent for this species. additional species: lanceolata, and Vigna o-wahuensis) was determined to be prudent in other •Critical habitat is determined to be •Critical habitat is proposed at this proposed rules but is not proposed on prudent for four species (Achyranthes time for six species (Ctenitis Kauai and Niihau because we could not mutica, Isodendrion pyrifolium, squamigera, Diellia erecta, determine habitat essential to their Phlegmariurus nutans, and Solanum Diplazium molokaiense, Ischaemum conservation on these islands. development) that do not support Why is the Service proposing critical these listed species. habitat throughout Hawaii? So what are you now proposing on In 1998, the United States District Kauai? Court for the District of Hawaii directed the U.S. Fish and Wildlife We are proposing critical habitat for Service to review the prudency 83 plant species (see attached list). determinations for 245 listed plant Critical habitat is not proposed for species in Hawaii, including 7 species once found on Kauai and 95 species on the islands of Kauai and Niihau because they no longer occur Niihau. We also were ordered to on these islands, and we are unable to publish proposed critical habitat determine habitat that is essential to designations or nondesignations for their conservation on these islands. at least 100 species by November 30, Critical habitat is not prudent and 2000, and for the remaining therefore not proposed for 3 species 145 species by April 30, 2002. of native palms or loulu because publishing maps of their locations may As a result of a subsequent court Photo by Greg Koob/USFWS Delissea rhytidosperma lead to vandalism or overcollection. order, we will also include proposed Critical habitat was determined to be critical habitat designations or not prudent for 2 additional species nondesignations for 10 recently listed A new method for identifying critical because they have not been seen Maui Nui plant species. To comply habitat was used: recently in the wild and no viable with these orders, we plan to publish genetic material is known. seven notices of determinations of In the November 2000 proposal, most whether critical habitat is prudent, of the areas proposed as critical Fifteen critical habitat units totaling along with proposed rules as habitat were currently occupied by approximately 99,206 acres are being appropriate, in the following one or more of the listed plant proposed on Kauai, mostly groupings: Kauai and Niihau, Maui species. At that time, we believed we concentrated in the northwestern and Kahoolawe, Lanai, Molokai, did not have sufficient information part of the island. One unit of Northwestern Hawaiian Islands, about the plants’ historical range or 697 acres is proposed on Niihau. A Hawaii, and Oahu. their needs for survival and recovery map depicting these areas and to include unoccupied areas. acreage figures by unit is attached to Four of these proposals have been Numerous commenters on that this fact sheet. published in the Federal Register to proposal not only provided more date: the Kauai and Niihau proposed detailed information, but also How can the public comment on rule published on November 7, 2000; reminded us that existing occupied this revised proposed rule? the Maui and Kahoolawe proposed habitat may not be sufficient to allow rule published on December 18, 2000; for the recovery of these plants. Due to the significant interest the Lanai proposed rule published on expressed on Kauai regarding critical December 27, 2000; and the Molokai In response to these comments, the habitat designation, we have already proposed rule published on revised proposal designates habitat scheduled a public hearing on the December 29, 2000. representative of the known revised proposed rule. It will be held geographic and elevational range of from 6 p.m. to 8 p.m. on Wednesday, All of these proposed rules are being each species; the proposed critical February 13, 2002, at the Radisson revised and will be republished as habitat units allow for expansion of Kauai Beach Resort, 4331 Kauai proposed rules. The remaining three existing wild populations and Beach Drive, Lihue, Kauai. An packages for the Northwestern reestablishment of wild populations informational session during which Hawaiian Islands, Hawaii, and Oahu within historic ranges; and boundaries you may ask questions, review maps, will be published by April 30, 2002. were delineated so that overlapping and receive other information will be occupied or potentially suitable held prior to the public hearing from What is critical habitat? unoccupied habitat units were 3:30 p.m. to 4:30 p.m. combined within multi-species units. Critical habitat is the term used in You may also submit written the Endangered Species Act to define We also adjusted and refined comments by mail to the Field those areas of habitat that are known previously identified critical habitat Supervisor, U.S. Fish and Wildlife to be essential for an endangered or units to more accurately follow Service, Pacific Islands Office, 300 threatened species to recover and natural topographic features and to Ala Moana Blvd., Room 3-122, Box that require special management or avoid nonessential landscape features 50088, Honolulu, HI 96850; or by protection. Remember that the (agricultural crops, urban or rural delivering them to the same address. ultimate goal of the Endangered Species Act is to restore healthy critical habitat, and the proposed species, locale (e.g., steep rocky cliffs, populations of listed species within project may be undertaken. Most talus slopes, streambanks), and their native habitats so that they can projects proceed unaffected. elevation. be removed from the list of threatened and endangered species. How do you determine what areas Are potential economic impacts to designate as critical habitat? considered? How does the designation of critical habitat increase protection We consider the species’ current Yes. Although decisions to place for threatened and endangered range (i.e., areas in which the species species on the threatened or species? currently exists) and historic range endangered list must be based solely (i.e., areas that the species formerly on biological grounds, potential If critical habitat is designated for a occupied within recent memory). economic and social effects of critical species, all Federal agencies must Then, we identify features of the habitat designations are analyzed and consult with the Fish and Wildlife habitat that are needed for the considered before critical habitat Service to ensure that any action they species to live and reproduce. designations are completed. authorize, fund, or carry out is not likely to result in the destruction or Examples of features of the habitat or An area may be excluded from adverse modification of the critical requirements that are generally proposed critical habitat if the habitat. In addition, designation of considered are: Secretary of the Interior finds that critical habitat focuses attention on •space for individual and population the benefits of an exclusion outweigh those areas that are important to growth for normal behavior; the conservation benefits of including species recovery. •food, water, air, light, minerals, or the area. However, excluding an area other nutritional or physiological from a critical habitat designation is How does critical habitat affect requirements; allowed only if doing so will not lead private landowners and State lands? • cover or shelter; to the extinction of the species. • sites for breeding, reproduction, or Critical habitat designation does not rearing of offspring, germination, or A draft economic analysis based on affect activities on State or private seed dispersal; and the November 2000 proposal was lands unless some sort of Federal •areas that are protected from released for public review and permit, license, or funding is involved.