Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48307 is consistent with statutory Dated: August 18, 1999. FOR FURTHER INFORMATION CONTACT: requirements. Section 203 requires EPA Felicia Marcus, Robert Hayne, Mass Media Bureau (202) to establish a plan for informing and Regional Administrator, Region IX. 418–2177. advising any small governments that Part 52, chapter I, title 40 of the Code SUPPLEMENTARY INFORMATION: This is a may be significantly or uniquely of Federal Regulations is amended as synopsis of the Memorandum Opinion impacted by the rule. follows: and Order in MM Docket No. 91–259, EPA has determined that the approval adopted June 17, 1999, and released action promulgated does not include a PART 52Ð[AMENDED] June 21, 1999. The full text of this Federal mandate that may result in decision is available for inspection and estimated annual costs of $100 million 1. The authority citation for part 52 copying during normal business hours or more to either State, local, or tribal continues to read as follows: in the FCC’s Reference Information governments in the aggregate, or to the Authority: 42 U.S.C. 7401 et seq. Center at Portals II, CY–A257, 445 12th private sector. This Federal action 2. Section 52.220 is amended by Street, SW, Washington, D.C. The approves pre-existing requirements adding paragraph (c)(247) to read as complete text of this decision may also under State or local law, and imposes follows: be purchased from the Commission’s no new requirements. Accordingly, no copy contractor, International additional costs to State, local, or tribal § 52.220 Identification of plan. Transcription Service, (202) 857–3800, governments, or to the private sector, * * * * * 1231 20th Street, NW, Washington, D.C. result from this action. (c) * * * 20036. G. Submission to Congress and the (267) New plan for Owens Valley PM– Federal Communications Commission. Comptroller General 10 Planning Area for the following Magalie Roman Salas, agency was submitted on December 10, Secretary. The Congressional Review Act, 5 1998 by the Governor’s designee. [FR Doc. 99–23071 Filed 9–2–99; 8:45 am] U.S.C. 801 et seq., as added by the Small (i) Incorporation by reference. Business Regulatory Enforcement (A) Great Basin Unified APCD. BILLING CODE 6712±01±P Fairness Act of 1996, generally provides (1) Owens Valley PM–10 Planning that before a rule may take effect, the Area Demonstration of Attainment State agency promulgating the rule must Implementation Plan, Section 7–4, DEPARTMENT OF THE INTERIOR submit a rule report, which includes a Commitment to adopt 2003 SIP Revision Fish and Wildlife Service copy of the rule, to each House of the and Section 8–2, the Board Order Congress and to the Comptroller General adopted on November 16, 1998 with 50 CFR Part 17 of the United States. EPA will submit a Exhibit 1. RIN 1018±AE22 report containing this rule and other * * * * * required information to the U.S. Senate, [FR Doc. 99–22930 Filed 9–2–99; 8:45 am] the U.S. House of Representatives, and Endangered and Threatened Wildlife the Comptroller General of the United BILLING CODE 6560±50±P and Plants; Final Endangered Status States prior to publication of the rule in for 10 Plant Taxa From Maui Nui, HA the Federal Register. This rule is not a AGENCY: Fish and Wildlife Service, ‘‘major’’ rule as defined by 5 U.S.C. FEDERAL COMMUNICATIONS Interior. 804(2). COMMISSION ACTION: Final rule. H. Petitions for Judicial Review 47 CFR Part 73 SUMMARY: Under the authority of the Under section 307(b)(1) of the Clean Endangered Species Act of 1973 (Act), Air Act, petitions for judicial review of [FCC 99±147; MM Docket No. 91±259; RM± as amended, we (the U.S. Fish and this action must be filed in the United 7309, RM±7942, RM±7943, RM±7944, RM± Wildlife Service (Service)) determine States Court of Appeals for the 7948] endangered status for 10 plant taxa— appropriate circuit by November 2, Clermontia samuelii (o´ha wai), Cyanea 1999. Filing a petition for Radio Broadcasting Services; copelandii ssp. haleakalaensis (haha), reconsideration by the Administrator of Canovanas, Culebra, Las Piedras, Cyanea glabra (haha), Cyanea this final rule does not affect the finality Mayaguez Quebradillas San Juan and hamatiflora ssp. hamatiflora (haha), of this rule for the purposes of judicial Vieques, PR, and Christiansted and Dubautia plantaginea ssp. humilis review nor does it extend the time Frederiksted, VI (na‘ena‘e), Hedyotis schlechtendahliana within which a petition for judicial ACTION: Final rule; Application for var. remyi (kopa), Kanaloa review may be filed, and shall not review. kahoolawensis (kohe malama malama o postpone the effectiveness of such rule Kanaloa), Labordia tinifolia var. or action. This action may not be SUMMARY: This document denies an lanaiensis (kamakahala), Labordia challenged later in proceedings to Application for Review filed by WKJB triflora (kamakahala), and Melicope enforce its requirements. (See section AM–FM, Inc. directed to the munroi (alani). All 10 taxa are endemic 307(b)(2).) Memorandum Opinion and Order in to the Maui Nui group of islands in the this proceeding. Based upon preferential Hawaiian Islands. This group includes List of Subjects in 40 CFR Part 52 FM allotment priorities, the Maui, Molokai, Lanai, and Kahoolawe. Environmental protection, Air Commission finds a proposed channel Clermontia samuelii, Cyanea copelandii pollution control, Incorporation by substitution, its reallotment, and the ssp. haleakalaensis, Cyanea glabra, reference, Intergovernmental relations, modification of a station’s license to be Cyanea hamatiflora ssp. hamatiflora, Oxides of nitrogen, Ozone, Particulate within the public’s interest. With this and Dubautia plantaginea ssp. humilis matter, Reporting and recordkeeping action, the proceeding published are endemic to the island of Maui. requirements, Volatile organic September 16, 1996 (61 FR 48638) is Hedyotis schlechtendahliana var. remyi compounds. terminated. and Labordia tinifolia var. lanaiensis are

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.067 pfrm03 PsN: 03SER1 48308 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations endemic to the island of Lanai. Kanaloa Act for these 10 plant taxa. Listing address (telephone 808/541–3441; kahoolawensis is endemic to the island under the Act also triggers protection for facsimile 808/541–3470). of Kahoolawe, although pollen studies these taxa under State Law. SUPPLEMENTARY INFORMATION: indicate it may have been a dominant EFFECTIVE DATE: This rule takes effect Background species on Oahu until 800 years ago. October 4, 1999. Labordia triflora is endemic to Molokai, Clermontia samuelii, Cyanea and Melicope munroi is found on Lanai ADDRESSES: The complete file for this copelandii ssp. haleakalaensis, Cyanea but was also known historically from rule is available for inspection, by glabra, Cyanea hamatiflora ssp. Molokai. The 10 plant taxa and their appointment, during normal business hamatiflora, Dubautia plantaginea ssp. habitats have been variously affected or hours at the U.S. Fish and Wildlife humilis, Hedyotis schlechtendahliana are currently threatened by one or more Service, Pacific Islands Ecoregion, var. remyi, Kanaloa kahoolawensis, of the following—competition, Pacific Islands Fish and Wildlife Office, Labordia tinifolia var. lanaiensis, predation or habitat degradation from 300 Ala Moana Boulevard, Room 3–122, Labordia triflora, and Melicope munroi alien species, natural disasters, and Box 50088, Honolulu, Hawaii 96850. are, or were, known from four Hawaiian random environmental events (e.g., FOR FURTHER INFORMATION CONTACT: Islands—Molokai, Lanai, Maui, and landslides, flooding, and hurricanes). Karen Rosa, Assistant Field Kahoolawe. The current and historical This final rule implements the Federal Supervisor—Endangered Species, distribution by island for each of the 10 protection provisions provided by the Pacific Islands Ecoregion at the above taxa is presented in Table 1.

TABLE 1. SUMMARY OF ISLAND DISTRIBUTION OF THE 10 SPECIES

Island within Maui Nui Species Maui Molokai Lanai Kahoolawe

Clermontia samuelii ...... Current. Cyanea copelandii ssp. haleakalaensis ...... Current. Cyanea glabra ...... Current. Cyanea hamatiflora ssp. hamatiflora ...... Current. Dubautia plantaginea ssp. humilis ...... Current. Hedyotis schlechtendahliana ssp. remyi ...... Current. Kanaloa kahoolawensis ...... Current.* Labordia tinifolia var. lanaiensis ...... Current. Labordia triflora ...... Current. Melicope munroi ...... Historical ...... Current. KEY CurrentÐpopulation last observed within the past 20 years. HistoricalÐpopulation not seen for more than 20 years. * Kanaloa kahoolawensis was most likely a dominant species in the lowland areas of Oahu, and possibly Maui, up until 800 years ago, accord- ing to pollen records.

The Hawaiian archipelago includes fluctuation in strength. There are also according to elevation, moisture regime, eight large volcanic islands (Niihau, winter storm systems and occasional and substrate. The most recent Kauai, Oahu, Molokai, Lanai, hurricanes. Temperatures vary over the classification of Hawaiian natural Kahoolawe, Maui, and Hawaii), as well year an average of 5° Celsius (C) (11° communities recognizes nearly 100 as offshore islets, shoals, and atolls set Fahrenheit (F)) or less, with daily native vegetation types. Within these on submerged volcanic remnants at the variation usually exceeding seasonal types are numerous island-specific or northwest end of the chain. The variation in temperature. Temperature region-specific associations, comprising archipelago covers a land area of about varies with elevation and ranges from a an extremely rich array of vegetation 16,600 square kilometers (sq km) (6,400 maximum recorded temperature of 37.7 types within a very limited geographic sq miles (sq mi)), extending roughly °C (99.9 °F), measured at 265 m (870 ft) area. Major vegetation formations between latitude 18°50′ to 28°15′ N and elevation, to a minimum of –12.7 °C (9.1 include forests, woodlands, shrublands, longitude 154°40′ to 178°70′ W, and °F) recorded at 4,205 m (13,795 ft) grasslands, herblands, and pioneer ranging in elevation from sea level to elevation. Annual rainfall varies greatly associations on lava and cinder 4,200 meters (m) (13,800 feet (ft)) by location, with marked windward to substrates (Gagne´ and Cuddihy 1990). (Department of Geography 1983). The leeward gradients over short distances. In Hawaii, lowland, montane, and four main central islands of Maui, Minimum average annual rainfall is less subalpine forest types extend from sea Molokai, Lanai, and Kahoolawe are part than 250 millimeters (mm) (10 inches level to above 3,000 m (9,800 ft) in of a large volcanic mass of six major (in.)); the maximum average elevation. Coastal and lowland forests volcanoes that during times of lower sea precipitation is greater than 11,000 mm are generally dry or mesic and may be level were united as a single island, (450 in.) per year. Precipitation is open or closed-canopied. The stature of which was named Maui Nui and greatest during the months of October lowland forests is generally under 10 m covered about 5,200 sq km (2,000 sq through April. A dry season is apparent (30 ft). Three of the taxa in this final mi). in leeward settings, while windward rule (Cyanea copelandii ssp. The climate of the Hawaiian Islands settings generally receive tradewind- haleakalaensis, Labordia tinifolia var. reflects the tropical setting buffered by driven rainfall throughout the year lanaiensis, and Labordia triflora) have the surrounding ocean (Department of (Department of Geography 1983). been reported from lowland mesic forest Geography 1983). The prevailing winds The native-dominated vegetation of habitat. Montane wet forests, occupying are northeast trades with some seasonal the Hawaiian Islands varies greatly elevations between 915 and 1,830 m

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(3,000 and 6,000 ft), occur on the sparsely hairy. The lower surfaces of the m (6,000 to 6,900 ft) elevation (HHP windward slopes and summits of the leaves are pale green, and sparsely to 1991b1, 1991b2, 1991b4). Both taxa are islands of Kauai, Oahu, Molokai, Maui, densely hairy. The leaf margins are found in montane wet forest dominated and Hawaii. The forests may be open- to thickened, with shallow, ascending, by Metrosideros polymorpha (′ohi′a) closed-canopied, and may exceed 20 m rounded teeth. The tips and bases of the with an understory of Cibotium sp. (65 ft) in stature. Several species of leaves are typically sharply pointed. (hapu u′) and various native shrubs. native trees and tree ferns usually The inflorescences (flowering clusters) Associated plant taxa include Dubautia dominate montane wet forests. Four of bear two to five flowers on a main stem sp. (na′ena′e), Clermontia sp. (′oha wai), the taxa in this final rule (Clermontia that is 4 to 18 mm (0.2 to 0.7 in.) long. Hedyotis sp. (pilo), Vaccinium sp. samuelii, Cyanea copelandii ssp. The stalk of each individual flower is 12 (ohelo), Carex alligata, Melicope sp. haleakalaensis, Cyanea glabra, and to 28 mm (0.5 to 1.1 in.) long. The (alani), and Cheirodendron trigynum Cyanea hamatiflora ssp. hamatiflora) hypanthium (cup-like structure at the (′olapa) (HHP 1991a1, 1991a2, 1991b4). have been reported from montane wet base of the flower) is widest on the top, Threats to Clermontia samuelii ssp. forest habitat. 8 to 14 mm (0.3 to 0.6 in.) long, and 5 hanaensis include habitat degradation Hawaiian shrublands are also found to 10 mm (0.2 to 0.4 in.) wide. The and/or destruction by feral pigs (Sus from coastal to alpine elevations. The sepals and petals are similar in color scrofa) and competition with alien plant majority of Hawaiian shrubland types (rose or greenish white to white), taxa such as Tibouchina herbacea are in dry and mesic settings, or on cliffs curved, and tubular. The flowers are 36 (glorybush) and two species of and slopes too steep to support trees. to 55 mm (1.4 to 2.2 in.) long and 5 to Hedychium (ginger) (A.C. Medeiros, One taxon in this final rule, Kanaloa 10 mm (0.2 to 0.4 in.) wide. The lobes pers. comm. 1995; Fredrick R. kahoolawensis, has been reported from of the sepals and petals are erect, and Warshauer, BRD, pers. comm. 1995). In coastal dry shrubland on Kahoolawe. extend 0.2 to 0.5 times beyond the tube. addition, two extremely invasive alien Two taxa in this final rule, Dubautia Berries of this species have not yet been plant taxa, Miconia calvescens (velvet plantaginea ssp. humilis and Melicope observed. C. samuelii ssp. hanaensis is tree) and Clidemia hirta (Koster’s curse), munroi, have been reported from differentiated from C. samuelii ssp. are found in nearby areas and may lowland wet shrublands, and Hedyotis samuelii by the greenish white to white invade this habitat if not controlled schlechtendahliana var. remyi has been flowers; longer, narrower leaves with (A.C. Medeiros, pers. comm. 1995). The reported from lowland mesic the broadest point near the base of the habitat of Clermontia samuelii ssp. shrublands. leaves; and fewer hairs on the lower samuelii was extensively damaged by The land that supports these 10 plant surface of the leaves. The species is pigs in the past, and pigs are still a taxa is owned by various private parties, separated from other members of this major threat to the populations on State the State of Hawaii (including forest endemic Hawaiian genus by the size of owned lands. The populations of reserves and natural area reserves), and the flowers and the hypanthium Clermontia samuelii ssp. samuelii the Federal government (Department of (Lammers 1990). within the park have been fenced and pigs have been eradicated. Due to the the Interior, National Park Service Historically, Clermontia samuelii has (NPS)). large populations of pigs in adjacent been reported from eight locations on areas, the park populations must Discussion of the 10 Plant Taxa Haleakala, East Maui, from Keanae constantly be monitored to prevent Valley on the windward (northeastern) Clermontia samuelii C. Forbes further ingress (R. Hobdy and A.C. side to Manawainui on the more Medeiros, pers. comms. 1995). Rats Clermontia samuelii, was first leeward (southeastern) side of Haleakala (mainly the black rat (Rattus rattus)) and described by C.N. Forbes from a (Hawaii Heritage Program (HHP) 1991a1 slugs (mainly Milax gagetes) are known collection he made in 1919 (Degener to 1991a4, 1991b1 to 1991b4; Medeiros to eat leaves, stems, and fruits of other and Degener 1958, Forbes 1920). Harold and Loope 1989). Currently, Clermontia members of this genus, and therefore are St. John described C. hanaensis in 1939, samuelii ssp. hanaensis is known from a potential threat to both subspecies based on a specimen collected by C.N. several populations limited to the (Loyal Mehrhoff, Service, in litt. 1995). Forbes in 1920 (Degener and Degener northeastern side of Haleakala, totaling 1960, St. John 1939). Later, St. John fewer than 300 individuals. The Cyanea copelandii Rock ssp. formally described C. gracilis, C. populations occur on State owned land, haleakalaensis (St. John) Lammers kipahuluensis, and C. rosacea (St. John within a Natural Area Reserve and a Cyanea haleakalaensis was first 1987a). In the most recent treatment of Forest Reserve (FR) (Arthur C. Medeiros, described in 1971 by St. John, from a this endemic Hawaiian genus, Lammers Biological Resources Division, U.S. collection made by G.Y. Kikudome in considers all four species to be Geological Survey (BRD), pers. comm. 1951 (St. John 1971). In 1987, St. John synonymous with C. samuelii, and 1995). Clermontia samuelii ssp. (St. John 1987b) merged the two genera divides the species into two samuelii is known from 5 to 10 Cyanea and Delissea, formally subspecies—ssp. hanaensis (including populations totaling 50 to 100 recognizing only Delissea, the genus the synonyms C. hanaensis and C. individuals. Most of the populations with priority. This resulted in the kipahuluensis) and ssp. samuelii occur on the back walls of Kipahulu combination D. haleakalaensis. (including C. gracilis and C. rosacea) Valley, within Haleakala National Park, Lammers retains both genera in the (Lammers 1988, 1990). with two or three of the populations on currently accepted treatment of the Clermontia samuelii, a member of the adjacent State owned land (Robert Hawaiian members of the family, and in bellflower family (Campanulaceae), is a Hobdy, Hawaii Division of Forestry and 1988 he recognized C. haleakalaensis as terrestrial shrub 1.2 to 5 m (4 to 16 ft) Wildlife (DOFAW) and A.C. Medeiros, a subspecies of C. copelandii, tall. The leaves are elliptical, sometimes pers. comms. 1995). Clermontia publishing the new combination C. broader at the tip, with blades 5 to 10 samuelii ssp. hanaensis is found at, or copelandii ssp. haleakalaensis centimeters (cm) (2 to 4 in.) long and 1.8 below, 915 m (3,000 ft) elevation (A.C. (Lammers 1988, 1990). Cyanea to 4.5 cm (0.7 to 1.8 in.) wide. The Medeiros, pers. comm. 1995), while copelandii ssp. copelandii was upper surfaces of the leaves are dark Clermontia samuelii ssp. samuelii is previously listed as an endangered green, often tinged purplish, and may be typically found between 1,800 to 2,100 species (59 FR 10305).

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Cyanea copelandii ssp. haleakalaensis is found at elevations hypanthium is widest at the top, 7 to 10 haleakalaensis, a member of the between 730 and 1,340 m (2,400 and mm (0.3 to 0.4 in.) long, and about 5 bellflower family, is a vine-like shrub 4,400 ft) (Hobdy (887) 1980; Wagner et mm (0.2 in.) wide. The corolla is white, 0.3 to 2 m (1 to 7 ft) tall, with sprawling al. (5912) 1988; Warshauer and Kepler often with a pale lilac tinge, 50 to 60 stems. The sap of this species is a tan (FRW 2698) 1980; Warshauer and mm (2 to 2.4 in.) long, and about 8 mm latex. Stems are unbranched or McEldowney (FRW 2769) 1980; A.C. (0.3 in.) wide. The tube of the corolla is sparingly branched from the base. The Medeiros, pers. comm. 1995). curved. The lobes are spreading, 0.25 to leaves are elliptical, 10 to 19 cm (4 to Associated species include Perrottetia 0.33 times as long as the tube, and are 7 in.) long, and 3.5 to 8.5 cm (1.4 to 3.3 sandwicensis (olomea), Psychotria covered by small, sharp projections. The in.) wide. The upper surfaces of the hawaiiensis (kopiko u` la), Broussaisia berries are yellowish orange, elliptical, leaves have no hairs, while the lower arguta (kanawao), and Hedyotis and 10 to 15 mm (0.4 to 0.6 in.) long. surfaces are hairy. The margins of the acuminata (au) (Wagner et al. (5912) The calyx (sepals collectively) persist on leaves are thickened, with small, widely 1988). the berry. This species is differentiated spaced, sharp teeth. The leaf stalks are The major threats to Cyanea from others in this endemic Hawaiian 2.5 to 10 cm (1 to 4 in.) long. The copelandii ssp. haleakalaensis are genus by the size of the flower and the inflorescences are 5 to 12-flowered and habitat degradation and/or destruction pinnately lobed juvenile leaves hairy. The main inflorescence stalks are by feral pigs and competition with (Lammers 1990). 20 to 45 mm (0.8 to 1.8 in.) long. The several alien plant taxa (Higashino et al. Cyanea glabra has been reported hypanthium is oval and widest at the 1988; Hobdy (887) 1980; NTBG 1994; R. historically from two locations on West top, 6 to 10 mm (0.2 to 0.4 in.) long, Hobdy, A.C. Medeiros, and F.R. Maui (Hillebrand 1888; Steve Perlman, about 5 mm (0.2 in.) wide, and hairy. Warshauer, pers. comms. 1995). Rats NTBG, pers. comm. 1992) and five The corolla (petals collectively) is (mainly the black rat) and slugs (mainly locations on Haleakala, East Maui (HHP yellowish but appears pale rose in color Milax gagetes) are known to eat leaves, 1991c1 to 1991c5). This species is due to a covering of dark red hairs. The stems, and fruits of other members of currently known from only two corolla is 37 to 42 mm (1.4 to 1.6 in.) this genus, and therefore are a potential populations—one population of 12 long and about 5 mm (0.2 in.) wide. The threat to this species (L. Mehrhoff, in individuals in Kauaula Gulch on West corolla tube is gently curved and the litt. 1995). In addition, C. copelandii Maui on privately owned land (S. lobes spread about 0.25 times beyond ssp. haleakalaensis is threatened by Perlman, pers. comm. 1995), and one the tube. The berries are dark orange, random environmental events since it is scattered population of approximately oval, and 7 to 15 mm (0.3 to 0.6 in.) known from only two populations. 200 individuals in Kipahulu Valley, within Haleakala National Park (A.C. long. This subspecies is differentiated Cyanea glabra (F. Wimmer) St. John Medeiros, pers. comm. 1995). Typical from the other subspecies by the Cyanea glabra was first collected on elliptical leaves, which are also shorter. habitat is wet forest dominated by West Maui by Willam Hillebrand who Acacia koa and/or Metrosideros This species differs from others in this named it Cyanea holophylla var. endemic Hawaiian genus by the vine- polymorpha, at elevations between 975 obovata (Hillebrand 1888). In 1943, F.E. to 1,340 m (3,200 to 4,400 ft) (A.C. like stems and the yellowish flowers Wimmer named it C. knudsenii var. that appear red due to the covering of Medeiros, pers. comm. 1995). glabra, based on a specimen collected The primary threat to Cyanea glabra hairs (Lammers 1990). by Forbes on East Maui (Wimmer 1943). is slugs (A.C. Medeiros, pers. comm. Cyanea copelandii ssp. In 1981, St. John elevated C. knudsenii 1995). Additional threats are habitat haleakalaensis was historically reported var. glabra to full species status as C. degradation and/or destruction by feral from six locations on the windward glabra (St. John 1981). Lammers, in the pigs, flooding, and competition with (northeastern) side of Haleakala, East most recent treatment of the Hawaiian several alien plant taxa (R. Hobdy and Maui, from Waikamoi to Kipahulu members of the family, upheld the A.C. Medeiros, pers. comms. 1995). Rats Valley (Chock and Kikudome (299) species name, and included C. are a potential threat to C. glabra, since 1950; Forbes (1680.M) 1919, (1708.M) holophylla var. obovata as well as the they are known to eat plant parts of 1919, (2616.M) 1920, (2675.M) 1920; following synonyms in C. glabra, other members of the bellflower family Hobdy (887) 1980; Kikudome (454) including C. scabra var. variabilis, (L. Mehrhoff, in litt. 1995; A.C. 1951; Lamoureux and DeWreede (3917) Delissea glabra, D. holophylla var. Medeiros, pers. comm. 1995). Leaf 1967; Rock (25660b) 1954; St. John obovata, and D. scabra var. variabilis damage in the form of stippling and (24732) 1950; Warshauer and Kepler (Lammers 1990, Rock 1919). yellowing by the two spotted leafhopper (FRW 2698) 1980; Warshauer and Cyanea glabra, a member of the (Saphonia rufofascia) has been observed McEldowney (FRW 2769) 1980; Wagner bellflower family, is a branched shrub. on other native species within the area et al. (5912) 1988). Currently, this taxon The leaves of juvenile plants are deeply of C. glabra on West Maui and is a is known from two populations—one pinnately lobed, while those of the adult potential threat to this species (Kenneth population of about 200 individuals in plants are more or less entire and Wood, NTBG, pers. comm. 1995). Kipahulu Valley within Haleakala elliptical. Adult leaves are 23 to 36 cm Random environmental events are a National Park, and one population of 35 (9 to 14 in.) long and 7 to 12 cm (3 to threat to this species, with only two individuals on lower Waikamoi flume, 5 in.) wide. The upper surfaces of the populations remaining. which is privately owned. Typical leaves are green and hairless, while the habitat is stream banks and wet scree lower surfaces are pale green and Cyanea hamatiflora Rock ssp. slopes in montane wet or mesic forest hairless to sparsely hairy. The margins hamatiflora dominated by Acacia koa (koa) and/or of the adult leaves are thickened and Cyanea hamatiflora was first Metrosideros polymorpha (Hobdy (887) shallowly toothed to irregularly lobed. collected by Joseph Rock in 1910 and 1980; Medeiros and Loope 1989; Six to eight flowers are borne in each described in 1913 (Rock 1913). In 1987, National Tropical Botanical Garden inflorescence. The main inflorescence St. John (St. John 1987b) merged the two (NTBG) 1994; Wagner et al. (5912) 1988; stalk is 20 to 55 mm (0.8 to 2.2 in.) long, genera Cyanea and Delissea, formally R. Hobdy and A.C. Medeiros, pers. while the individual flower stalk is 12 recognizing only Delissea, the genus comms. 1995). Cyanea copelandii ssp. to 25 mm (0.5 to 1.0 in.) long. The with priority. This resulted in the

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.025 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48311 combination D. hamatiflora. In 1988, Valley occur within Haleakala National receptacle are about 5 mm (0.2 in.) long, Lammers upheld Cyanea as a separate Park (A.C. Medeiros, pers. comm. 1995), sharply toothed, and fused together. The genus and combined C. carlsonii with and 5 or 6 populations totalling 20 to 25 corolla is yellow, and may purple with this species, resulting in two subspecies: widely scattered individuals occur in age. The fruit is an achene (a dry, one- The federally endangered C. hamatiflora the Waikamoi-Koolau Gap area on celled, indehiscent fruit) 2.5 to 4 mm ssp. carlsonii (59 FR 10305) and the privately owned land (NTBG 1995; R. (0.08 to 0.2 in.) long. The taxon is self- nominative C. hamatiflora ssp. Hobdy, pers. comm. 1995). Typical incompatible, meaning flowers must be hamatiflora (Lammers 1988, 1990). habitat for this taxon is montane wet pollinated by pollen from a different Cyanea hamatiflora ssp. hamatiflora, forest dominated by Metrosideros plant. This subspecies differs from the a member of the bellflower family, is a polymorpha, with a Cibotium sp. and/or other two subspecies (D. plantaginea palm-like tree 3 to 8 m (10 to 26 ft) tall. native shrub understory, from 975 to ssp. magnifolia and D. plantaginea ssp. The latex is tan in color. The leaves are 1,500 m (3,200 to 4,920 ft) elevation plantaginea) by having fewer heads per elliptical with the broadest point at the (NTBG 1995; Warshauer and inflorescence but more florets per head. tip, or they may be narrowly oblong. McEldowney (FRW 2614) 1980; The species differs from other Hawaiian The leaf blades are 50 to 80 cm (20 to Warshauer and McEldowney (FRW members of the genus by the number of 30 in.) long, 8 to 14 cm (3 to 5.5 in.) 2876) 1980). Associated native plant nerves in the leaves and by the close wide, and have no stem. The upper taxa include Dicranopteris linearis resemblance of the leaves to the genus surface of the leaf is sparsely hairy to (uluhe), Cheirodendron trigynum, Plantago (Carr 1985, 1990). hairless and the lower surface is hairy Broussaisia arguta, Cyanea solenocalyx Dubautia plantaginea ssp. humilis has at least along the midrib and veins. The (haha), Cyanea kunthiana (haha), only been reported from two locations leaf margins are minutely round- Vaccinium sp. (‘ohelo), Melicope sp., in Iao Valley, on West Maui. Both toothed. The inflorescence is 5 to 10 and Myrsine sp. (kolea) (Higashino and populations are on privately owned flowered with main stalks 15 to 30 mm Mizuro (2850) 1976; NTBG 1995). land, and the two populations total (0.6 to 1.2 in.) long. The stalks of The major threats to Cyanea fewer than 300 individuals. Typical individuals flowers are 5 to 12 mm (0.2 hamatiflora ssp. hamatiflora are habitat habitat is wet, barren, wind-blown cliffs, to 0.5 in.) long. The hypanthium is degradation and/or destruction by feral between 350 to 400 m (1,150 to 1,300 ft) widest at the top, 12 to 30 mm (0.5 to pigs, landslides, and competition with elevation. Associated native plant taxa 1.2 in.) long, and 6 to 12 mm (0.2 to 0.5 the alien plant Ageratina adenophora include Metrosideros polymorpha, in.) wide. The corolla is magenta in (Maui pamakani) (NTBG 1995; R. Hobdy Pipturus albidus (mamaki), Eragrostis color, 60 to 80 mm (2 to 3 in.) long, 6 and A.C. Medeiros, pers. comms. 1995). variabilis (kawelu), Carex sp., Hedyotis to 11 mm (0.2 to 0.4 in.) wide, and Pig damage in the form of peeled bark formosa, Lysimachia remyi, Bidens sp. hairless. The tube of the corolla is has been observed on individuals of C. (koo`koo`lau), Pritchardia sp. (loulu), and slightly curved, with lobes 0.25 to 0.5 hamatiflora ssp. hamatiflora (A.C. the federally endangered Plantago times as long as the tube. The corolla Medeiros, pers. comm. 1995). Rats and princeps (a`le) (Hawaii Plant lobes all curve downward, making the slugs are potential threats, since other Conservation Center (HPCC) 1990; HHP flower appear one-lipped. The anthers Hawaiian members of this family are 1991d1, 1991d2; R. Hobdy, pers. comm. (pollen-bearing structures) are hairless known to be eaten by rats and slugs (L. 1995). except for the lower two, which have Mehrhoff, in litt. 1995). All populations Threats to Dubautia plantaginea ssp. apical tufts of white hairs. The fruit is of this taxon are in areas where rats and humilis include landslides and several a purplish red berry 30 to 45 mm (1.2 slugs have been observed (A.C. alien plant taxa (HPCC 1990; HHP to 1.8 in.) long and 20 to 27 mm (0.8 to Medeiros, pers. comm. 1995). 1991d1; R. Hobdy, pers. comm. 1995). 1.1 in.) wide. The berry is crowned by Random environmental events are also Dubautia plantaginea Gaud. ssp. persistent calyx lobes. This subspecies a threat, with only two known humilis G. Carr is differentiated from the previously populations less than a half mile apart listed subspecies (C. hamatiflora ssp. Dubautia plantaginea ssp. humilis within the same valley. carlsonii) by its longer calyx lobes and was first described in 1985, from Hedyotis schlechtendahliana Steud. var. shorter individual flower stalks. This specimens collected by Gerald Carr, remyi (Hillebr.) Fosb. species is separated from others in this Robert Robichaux, and Rene Sylva in endemic Hawaiian genus by fewer Black Gorge on West Maui (Carr 1985, Hillebrand described a new species, flowers per inflorescence and narrower 1990). Kadua remyi, based on collections on leaves (Lammers 1990). Dubautia plantaginea ssp. humilis, a Lanai and East Maui by Reverend John Cyanea hamatiflora ssp. hamatiflora member of the aster family (Asteraceae), Lydgate (Hillebrand 1888). F. Raymond was historically known from eight is a dwarfed shrub less than 80 cm (30 Fosberg combined the genus Kadua locations on the windward in.) tall. The stems are hairless or with Hedyotis in 1943, and combined K. (northeastern) side of Haleakala, on occasionally strigullose (having straight remyi with Hedyotis Maui, stretching from Puu o Kakae to hairs pressed against the stem). The schlechtendahliana. Fosberg considered Manawainui (Degener (7977) 1927; leaves are opposite, narrow, 8 to 15 cm the Lanai plants different enough from Forbes (1294.M) 1919, (1654.M) 1919, (3 to 6 in.) long, and 0.7 to 4.5 cm (0.3 the Maui plants to create a separate (2607.M) 1920; Higashino and Haratani to 1.8 in.) wide. The leaves usually have variety, H. schlechtendahliana var. (10037) 1983; Higashino and Holt (9398) five to nine nerves, and are hairless or remyi. This variety has been upheld in 1980; Higashino and Mizuro (2850) moderately strigullose. The leaf margins the most recent revision of the Hawaiian 1976; Hobdy (2630) 1986; Rock (8514) are toothed from the apex to near the members of this genus (Wagner et al. 1918; St. John (24730) 1951; Skottsberg middle. Between 20 to 90 flowering 1990). (870) 1920; Warshauer and McEldowney heads are found in each inflorescence, Hedyotis schlechtendahliana var. (FRW 2614) 1980; Warshauer and which is about 20 cm (8 in.) long and remyi, a member of the coffee family McEldowney (FRW 2876) 1980). 28 cm (11 in.) wide. Eight to 20 florets (Rubiaceae), is a few branched subshrub Currently, this taxon is known from two (small flower that is part of a dense from 60 to 600 cm (24 to 240 in.) long, locations. Five or 6 populations totaling cluster) are found in each head, borne with weakly erect or climbing stems that 50 to 100 individuals in Kipahulu on a flat receptacle. The bracts on the may be somewhat square, smooth, and

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.027 pfrm03 PsN: 03SER1 48312 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations glaucous (with a fine waxy coating that ridge, Kapohaku drainage, and Waiapaa the leaf axils (joint between leaf and imparts a whitish or bluish hue to the drainage on Lanaihale (HHP 1991e1 to stem), developing with the flush of new stem). The leaves are opposite, glossy, 1991e3; R. Hobdy, pers. comm. 1995). leaves. The main stalk of the thin or somewhat thickened, egg-shaped Hedyotis schlechtendahliana var. remyi inflorescence is 8 to 30 mm (0.3 to 1.2 or with a heart-shaped base and a very typically grows in mesic windswept in.) long. The inflorescence is a globose pointed tip, and 3 to 6 cm (1.2 to 2.4 in.) shrubland with a mixture of dominant head 6 to 8 mm (0.3 to 0.3 in.) in long. The margins of the leaves curl plant taxa that may include diameter, with small bracts 1 to 1.5 mm under. The veins of the leaves are Metrosideros polymorpha, Dicranopteris (0.04 to 0.06 in.) long at the base. Each impressed on the upper surface with linearis, and/or Styphelia tameiameiae inflorescence has 20 to 54 white hairs along the veins and raised on the (pukiawe) at elevations between 730 flowers. The calyx of the male flowers lower surface. The lower surface of the and 900 m (2,400 to 3,000 ft). has limbs that are wider at the tip; leaves are usually glaucous, like the Associated plant taxa include Dodonaea densely covered with long, white hairs; stems. The leaf stalks are up to 1 cm (0.4 viscosa (a`a`liI`), Sadleria sp. (a`mau` ), and have lobes that overlap when the in.) long, slightly fused to the stem, and Dubautia sp. (nae`nae`), Myrsine sp., and flower is in bud. The corolla lobes also bear stipules (appendages on the base of several others (HHP 1991e1 to 1991e3; overlap when the flower is in bud, and the leaf stalks). The inflorescence stalks Lau (2866) 1986; Nagata and Ganders the petals are 1.5 to 1.8 mm (0.06 to 0.07 are 2 to 15 mm (0.1 to 0.6 in.) long, (2524) 1982). in.) long. The petals are hairy on the square, usually glaucous, and borne at The primary threats to Hedyotis outside at the tip, and are not fused at the ends of the stems. The flowers have schlechtendahliana var. remyi are the base. Ten stamens are found in the either functional male and female parts habitat degradation and/or destruction male flowers, fused at the base. Male or only functional female parts. Leaf- by axis deer (Axis axis); competition flowers have only vestigial female parts. like bracts are found at the base of each with alien plant taxa such as Psidium Female flowers have not been observed. flower. The hypanthium is top-shaped cattleianum, Myrica faya (firetree), The fruit is borne on a stalk about 5 mm and 1.5 to 2.2 mm (0.06 to 0.09 in.) Leptospermum scoparium (New (0.2 in.) long. Up to four fruit develop wide. The calyx lobes are usually leaf- Zealand tea), and Schinus in each flowering head. The fruit is egg- like and oblong to broadly egg-shaped, terebinthifolius (Christmas berry); and shaped to subcircular, compressed, 2 to 8 mm (0.08 to 0.3 in.) long, and 1.5 random environmental events and/or hairy at the base, and open along two to 2.5 mm (0.08 to 0.09 in.) wide, reduced reproductive vigor due to the sides. One slender, brown seed, about 2 enlarging somewhat in fruit. The corolla small number of remaining individuals mm (0.08 in.) long, is found in each is cream-colored, fleshy, usually and populations (HHP 1994e1 to fruit. There is no other species of glaucous, trumpet-shaped, with a tube 6 1991e3; Joel Lau, The Nature legume in Hawaii that bears any to 17 mm (0.2 to 0.7 in.) long and lobes Conservancy of Hawaii, pers. comm. resemblance to this species or genus 1.5 to 10 mm (0.06 to 0.4 in.) long when 1995). (Lorence and Wood 1994). the anthers are ripe. The stamens reach Kanaloa kahoolawensis Lorence and The only known location of Kanaloa only to 1 to 3 mm (0.04 to 0.1 in.) below K.R. Wood kahoolawensis is a rocky stack on the the sinuses of the corolla lobes. The Kanaloa kahoolawensis was southern coast of the island of styles are woolly on the lower portions, previously unknown to science until its Kahoolawe, which is owned by the State and two to four lobed. The fruits are discovery by Steve Perlman and Ken of Hawaii (Lorence and Wood 1994). top-shaped to sub-globose capsules 2 to Wood in 1992 on a steep rocky spire on While there are no previous records of 4 mm (0.1 to 0.2 in.) long and 3 to 7 mm the coast of Kahoolawe. David Lorence the plant, pollen core studies on the (0.1 to 0.3 in.) in diameter. The fruits and Wood have determined that this island of Oahu revealed a legume pollen break open along the walls of the cells plant represents a new genus, and have that could not be identified until this within the fruit. Seeds are dark brown, named the species Kanaloa species was discovered. The pollen irregularly wedge-shaped and angled, kahoolawensis (Lorence and Wood cores indicate that K. kahoolawensis and darkly granular. This variety is 1994). was a codominant with Dodonaea distinguished from the other variety by Kanaloa kahoolawensis, a member of viscosa and Pritchardia sp. from before the leaf shape, narrow flowering stalks, the legume family (Fabaceae), is a 1210 B.C. to 1565 A.D., at which point and flower color. It is distinguished densely branched shrub 0.75 to 1 m (2.5 K. kahoolawensis disappeared from the from others in the genus by the distance to 3.5 ft) tall. The branches are pollen record and D. viscosa and between leaves and the length of the sprawling and 0.75 to 1.5 m (2.5 to 5 ft) Pritchardia sp. declined dramatically sprawling or climbing stems (Wagner et long. New growth is densely covered (Athens et al. 1992, Athens and Ward al. 1990). with brown and white hairs. The twigs 1993, Lorence and Wood 1994). Only Historically, Hedyotis are brown, ribbed or angled, and two living individuals and 10 to 12 dead schlechtendahliana var. remyi was become whitish gray with corky individuals are known (D. Lorence, known from five locations on the fissures. The leaves are clustered near NTBG, pers. comm. 1995). The only northwestern portion of Lanaihale on twig tips and have two persistent known habitat is mixed coastal the island of Lanai (Degener et al. stipules. The leaf stalk is 6 to 24 mm shrubland on steep rocky talus slopes at (24193) 1957; Forbes (33.L) 1913, (0.2 to 0.9 in.) long. The leaves are 45 to 60 m (150 to 200 ft) elevation. (315.L) 1917); Fosberg (12463) 1939; divided into three pairs of leaflets, with Associated native plant taxa include HHP 1991e1 to 1991e3; Hillebrand a leaf nectary (nectar-bearing gland) at Sida fallax (ı`lima), Senna gaudichaudii 1888; Hillebrand and Lydgate (s.n.) n.d.; the joint between each pair of leaflets. (kolomona), Bidens mauiensis Munro (s.n.) 1913, (s.n.) 1914, (257, 335) The leaflet pairs are 22 to 55 mm (0.8 (koo`koo`lau), Lipochaeta lavarum (nehe), 1928, (506) 1930; Nagata and Ganders to 2 in.) long. The main stalk of the leaf Portulaca molokinensis (ı`hi), and (2524) 1982; Rock (8116) 1910; St. John terminates in a short, brown appendage. Capparis sandwichiana (pua pilo). In and Eames (18738) 1938; Wagner et al. The leaflets are egg-shaped, unequal- addition, the area is also a nesting site 1990). Currently, this species is known sided, 1.4 to 4.2 cm (0.6 to 1.7 in.) long, for Bulwer’s petrel (Bulweria bulwerii) from six individuals in three and 0.9 to 3.2 cm (0.4 to 1.3 in.) wide. and wedge-tailed shearwater (Puffinus populations on Kaiholeha-Hulupoe One to three inflorescences are found in pacificus) (Lorence and Wood 1994).

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The major threats to Kanaloa oval, 8 to 17 mm (0.3 to 0.7 in.) long, plants (Timothy Motley, University of kahoolawensis are landslides and the 2 to 3 valved, and has a beak 0.5 to 1.5 Hawaii, pers. comm. 1993). This species alien plant taxa Emelia fosbergii, Chloris mm (0.02 to 0.06 in.) long. The seeds are occurs in mixed lowland mesic forest, at barbata (swollen finger grass), and brown and about 1.8 mm (0.06 in.) long. an elevation of 800 m (2,600 ft). Nicotiana glauca (tobacco tree) (Lorence This subspecies differs from the other Associated species include Pouteria and Wood 1994). Goats (Capra hircus) two subspecies and other species in this sandwicensis (a`laa`), the federally played a major role in the destruction of endemic Hawaiian genus by having endangered Cyanea mannii (haha), and vegetation on Kahoolawe before they larger capsules and smaller corollas Tetraplasandra sp. (o`he) (Motley 1995). were removed (Cuddihy and Stone (Motley 1995; Wagner et al. 1990). The threats to Labordia triflora 1990), and K. kahoolawensis probably Labordia tinifolia var. lanaiensis was include habitat degradation and/or survived only because the rocky stack is historically known from the entire destruction by pigs and goats, rats that almost completely separated from the length of the summit ridge of Lanaihale, eat seeds, and competition with the island and inaccessible to goats on the island of Lanai (HHP 1991f1 to alien plant species Schinus (Lorence and Wood 1994). Rats are a 1991f12; Motley 1995; Sherff 1938). terebinthifolius (Motley 1995; T. Motley, potential threat to this species, since it Currently, L. tinifolia var. lanaiensis is pers. comm. 1993). Random has seeds similar in appearance and known from only one population at the environmental events and reduced presentation to the federally endangered southeastern end of the summit ridge of reproductive vigor also threaten this Caesalpinia kavaiensis, which is eaten Lanaihale. This population is on species, as only 10 individuals remain by rats. Rats may have been the cause privately owned land and totals 300 to in one population. 1,000 scattered individuals. The typical of the decline of this species 800 years Melicope munroi (St. John) B. Stone ago (L. Mehrhoff, in litt. 1995). Random habitat of L. tinifolia var. lanaiensis is environmental events and/or reduced lowland mesic forest, associated with In 1944, St. John described Pelea reproductive vigor are also a threat to such native species as Dicranopteris munroi, based on a collection by George this species, because only two linearis and Scaevola chamissoniana C. Munro in 1915 (St. John 1944). The individuals are known. (naupaka kuahiwi), at elevations genus Pelea has since been submerged between 760 and 915 m (2,500 and with Melicope, creating the combination Labordia tinifolia A. Gray var. 3,000 ft) (HHP 1991f3; Motley 1995; R. M. munroi (Hartley and Stone 1989). lanaiensis Sherff Hobdy and J. Lau, pers. comms. 1995). Melicope munroi, a member of the Hillebrand determined, but did not Labordia tinifolia var. lanaiensis is citrus family (Rutaceae), is a sprawling name, a new variety of Labordia tinifolia threatened by axis deer and several shrub up to 3 m (10 ft) tall. The new based on specimens he collected on the alien plant taxa (R. Hobdy, pers. comm. growth of this species is minutely hairy. islands of Kauai, West Maui, Lanai, and 1994; J. Lau, pers. comm. 1995). The The leaves are opposite, broadly Hawaii. E.E. Sherff named the variety L. single population is also threatened by elliptical, 6 to 11 cm (2.4 to 4.3 in.) long, tinifolia var. lanaiensis in 1938 (Sherff random environmental factors. and 3.5 to 7.5 cm (1.4 to 3.0 in.) wide. 1938). In the revision of the Hawaiian The veins of the leaf are parallel, in 8 members of this family, Wagner et al. Labordia triflora Hillebr. to 12 pairs, and are connected by arched (1990), retained the nomenclature, but Hillebrand named Labordia triflora veins near the margin of the leaf. The included only those plants from Lanai based on a specimen he collected on margins of the leaves are sometimes and Mapulehu on Molokai (previously Molokai in the early 1800s (Hillebrand rolled under. The leaf stalks are 4 to 12 considered L. triflora) as L. tinifolia var. 1888). Wagner et al. considered this mm (0.2 to 0.5 in.) long. The lanaiensis. This endemic Hawaiian species to be synonymous with L. inflorescence is found in the axil of the genus has been revised, and only the tinifolia var. lanaiensis (Wagner et al. leaf and contains one to three flowers. Lanai populations are included in L. 1990). Timothy Motley of the University The inflorescence stalk is 10 to 15 mm tinifolia var. lanaiensis, while L. triflora of Hawaii (UH) recently revised this (0.4 to 0.5 in.) long, and the individual has been resurrected for the Molokai endemic Hawaiian genus, and has flower stalk is 15 to 35 mm (0.6 to 1.4 population (see discussion of the next resurrected L. triflora as a valid species in.) long. Male flowers have not been taxon, below) (Motley 1995). (Motley 1995). reported. Female flowers have ovoid Labordia tinifolia var. lanaiensis, a Labordia triflora, a member of the sepals about 2.5 mm (0.1 in.) long and member of the logan family logan family, is very similar to L. deltate petals about 8 mm (0.3 in.) long. (Loganiaceae), is an erect shrub or small tinifolia var. lanaiensis, described The fruit is about 18 mm (0.7 in.) wide, tree 1.2 to 15 m (4 to 49 ft) tall. The above, except in the following and the 4 carpels (egg-bearing stems branch regularly into two forks of characteristics. Stems of L. triflora are structures) are fused about one-third of nearly equal size. The leaves are climbing. The leaf stalks are only 1 to their length. This species differs from medium to dark green, oval to narrowly 3 mm (0.04 to 0.1 in.) long. The other Hawaiian members of the genus in oval, 3.8 to 21 cm (1.5 to 8.3 in.) long, inflorescence stalks are 40 to 50 mm (1.6 the shape of the leaf and the length of and 1.4 to 7.3 cm (0.6 to 2.9 in.) wide. to 2 in.) long. Each flower stalk is 10 to the inflorescence stalk (Stone et al. The leaf stalks are 2.2 to 4 cm (0.9 to 25 mm (0.4 to 1 in.) long (Motley 1995). 1990). 1.6 in.) long. The stipules are fused Until 1990, Labordia triflora was Historically known from the together, forming a sheath around the known only from the type collection at Lanaihale summit ridge of Lanai and stem that is 1 to 4 mm (0.04 to 0.2 in.) Mapulehu, on the island of Molokai. above Kamalo on Molokai, Melicope long. Three to 19 flowers are found in This collection was made by Hillebrand munroi is currently known from only each inflorescence, and the entire in 1870 (Motley 1995). In 1990, Joel Lau the Lanaihale summit ridge (HHP inflorescence is pendulous and has a of The Nature Conservancy of Hawaii, 1991g1 to 1991g10). The one widely stalk 9 to 22 mm (0.4 to 0.8 in.) long. rediscovered the species in Kua Gulch scattered population totals an estimated The flowers are borne on stalks 8 to 11 on Molokai (Motley 1995; J. Lau, pers. 300 to 500 individuals (J. Lau, pers. mm (0.3 to 0.4 in.) long. The corolla is comm. 1995). Only 10 individuals are comm. 1995). Melicope munroi is pale yellowish green or greenish yellow, known, all occurring on privately typically found in lowland mat fern narrowly urn-shaped, and 6.5 to 19 mm owned land (J. Lau, pers. comm. 1995). shrubland, at elevations of 790 to 1020 (0.2 to 0.7 in.) long. The fruit is broadly Of these individuals, only two are male m (2,600 to 3,350 ft). Associated native

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.030 pfrm03 PsN: 03SER1 48314 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations plant taxa include Diplopterygium been made final, including the on May 15, 1997, (62 FR 26757) to list pinnatum, Dicranopteris linearis, proposals to list Labordia triflora and these 10 plant taxa as endangered and Metrosideros polymorpha, Melicope munroi, along with four other the September 19, 1997 (62 FR 49398), Cheirodendron trigynum, Coprosma sp. proposals that had expired. We notice of review listed these species as (pilo), Broussaisia arguta, Melicope sp., published an updated notice of review proposed for endangered status. and Machaerina angustifolia (’uki) for plants on December 15, 1980 (45 FR We now determine 10 taxa from Maui (HHP 1991g3 to 1991g10). 82479), September 27, 1985 (50 FR Nui, Hawaii, to be endangered with the The major threats to Melicope munroi 39525), February 21, 1990 (55 FR 6183), publication of this final rule. are axis deer and the alien plant taxa and September 30, 1993 (58 FR 51144). Summary of Comments and Leptospermum scoparium and Psidium Six of the species in this final rule Recommendations cattleianum (HHP 1991g3 to 1991g10; J. (including synonymous taxa) were at Lau, pers. comm. 1995). Random one time or another considered category In the May 15, 1997, proposed rule environmental events also threaten the 1 or category 2 candidates for Federal and associated notifications, we one remaining population. listing. Category 1 species were those for requested all interested parties to submit factual reports or information Previous Federal Action which we had on file substantial information on biological vulnerability that might contribute to the Federal action on some of these plants and threats to support preparation of development of a final rule. The public began as a result of section 12 of the Act listing proposals but for which listing comment period ended on July 14, 1997. (16 U.S.C. 1533), which directed the proposals had not yet been published Appropriate Federal and State agencies, Secretary of the Smithsonian Institution because they were precluded by other county governments, scientific to prepare a report on plants considered listing activities. Certain species were organizations, and other interested to be endangered or threatened in the considered Category 1 but if designated parties were contacted and requested to United States. This report, designated as by an asterisk (*), were considered comment. A newspaper notice inviting House Document No. 94–51, was possibly extinct. Category 2 species public comment was published in the presented to Congress on January 9, were those for which listing as ‘‘Maui News’’ on May 29, 1997. No 1975. One of the 10 taxa, Cyanea glabra endangered or threatened was possibly comments were received. (as C. scabra var. variabilis), was appropriate, but for which sufficient In accordance with our peer review considered to be endangered in that data on biological vulnerability and policy (59 FR 34270; July 1, 1994), we document. One taxon, Labordia tinifolia threats were not currently available to also solicited the expert opinions of var. lanaiensis, was considered to be support proposed rules. Two taxa, three appropriate and independent threatened and two taxa, L. triflora and Labordia tinifolia var. lanaiensis and L. specialists regarding pertinent scientific Melicope munroi (as Pelea munroi), triflora, were considered category 2 or commercial data and assumptions were considered to be extinct. On July species in the 1980 and 1985 notices of relating to the taxonomy, population 1, 1975, we published a notice in the review. Melicope munroi (as Pelea models, and supportive biological and Federal Register (40 FR 27823) of our munroi) was considered a category 1* in ecological information substantive to acceptance of the Smithsonian report as the 1980 and 1985 notices. the listing determination for these 10 a petition within the context of section In the 1990 and 1993 notices, taxa. The independent specialists did 4(c)(2) (now section 4(b)(3)) of the Act, Dubautia plantaginea ssp. humilis, not respond to our request. and giving notice of our intent to review Hedyotis schlechtendahliana var. remyi, Summary of Factors Affecting the the status of the plant taxa named and Melicope munroi were considered Species therein. As a result of that review, on category 2 species. Labordia tinifolia June 16, 1976, we published a proposed var. lanaiensis was considered more After a thorough review and rule in the Federal Register (41 FR abundant than previously thought and consideration of all available 24523) to determine endangered status moved to category 3C in the 1990 information, we have determined that pursuant to section 4 of the Act for notice. Category 3C species were those Clermontia samuelii, Cyanea copelandii approximately 1,700 vascular plant that had proven to be more abundant or ssp. haleakalaensis, Cyanea glabra, species. Two of the 10 taxa, Labordia widespread than previously believed Cyanea hamatiflora ssp. hamatiflora, triflora and Melicope munroi, were and/or were not subject to any Dubautia plantaginea ssp. humilis, proposed for endangered status in this identifiable threat. Labordia triflora was Hedyotis schlechtendahliana var. remyi, document. The list of 1,700 plant taxa considered a synonym of L. tinifolia var. Kanaloa kahoolawensis, Labordia was assembled on the basis of lanaiensis in the 1990 notice. As triflora, Melicope munroi, and Labordia comments and data received by the published in the Federal Register (61 tinifolia var. lanaiensis should be Smithsonian Institution and us in FR 7596) on February 28, 1996, we classified as endangered species. We response to House Document No. 94–51 discontinued the designation of followed the procedures found at and the July 1, 1975, Federal Register categories for candidate species. section 4(a)(1) of the Act and regulations publication. Since the last notice, new information implementing the listing provisions of General comments received in suggests that the numbers and the Act (50 CFR part 424). A species response to the 1976 proposal are distribution are sufficiently restricted may be determined to be an endangered summarized in an April 26, 1978, and the taxa are imminently threatened or threatened species due to one or more Federal Register publication (43 FR for the previously designated category 1, of the five factors described in section 17909). In 1978, amendments to the Act category 2, and category 3C candidate 4(a)(1). These factors and their required that all proposals over two species mentioned above, as well as six application to Clermontia samuelii (’oha years old be withdrawn. A one-year additional taxa (Clermontia samuelii, wai), Cyanea copelandii ssp. grace period was given to proposals Cyanea copelandii ssp. haleakalaensis, haleakalaensis (haha), Cyanea glabra already over two years old. On Cyanea glabra, Cyanea hamatiflora ssp. (haha), Cyanea hamatiflora ssp. December 10, 1979, we published a hamatiflora, the newly discovered hamatiflora (haha), Dubautia notice in the Federal Register (44 FR Kanaloa kahoolawensis, and the plantaginea ssp. humilis (na’na’e), 70796) withdrawing the portion of the resurrected Labordia triflora), to warrant Hedyotis schlechtendahliana var. remyi June 16, 1976, proposal that had not listing. A proposed rule was published (kopa), Kanaloa kahoolawensis (kohe

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TABLE 2.ÐSUMMARY OF PRIMARY THREATS

Alien mammals Overcol- Species Alien Inverte- Substrate lecting Limited Pigs Goats Deer Rats plants brates loss vandalism numbers*

Clermontia samuelii ...... X ...... P X P ...... P Cyanea copelandii ssp. haleakalaensis ...... X ...... P P P ...... P X Cyanea glabra ...... X ...... P X X X P X Cyanea hamatiflora ssp. hamatiflora ...... X ...... P X P X P Dubautia plantaginea ssp. humilis ...... X ...... X P X Hedyotis schlechtendahliana var. remyi ...... X ...... X ...... P X1 Kanaloa kahoolawensis ...... P X ...... X P X1 Labordia tinifolia var. lanaiensis ...... X ...... X ...... P X Labordia triflora ...... X X ...... X X ...... P X1 Melicope munroi ...... X ...... X ...... P X X = Immediate and significant threat. P = Potential threat. * = No more than 5 populations; 1= No more than 10 individuals total.

A. The Present or Threatened populations of five of the taxa in wet ground cover and exposes the soil to Destruction, Modification, or and mesic habitats. While foraging, pigs erosion. Extensive red erosional scars Curtailment of Its Habitat or Range root and trample the forest floor, caused by decades of deer activity are Native vegetation on all of the main encouraging the establishment of alien evident on Lanai (Cuddihy and Stone Hawaiian Islands has undergone plants in the newly disturbed soil. Pigs 1990). Activity of axis deer threatens all extreme alteration because of past and also disseminate alien plant seeds populations of Hedyotis present land management practices through their feces and on their bodies, schlechtendahliana var. remyi, Labordia including ranching, agricultural accelerating the spread of alien plants tinifolia var. lanaiensis, and Melicope development, and deliberate through native forests (Cuddihy and munroi on Lanai (HHP 1991g8 to introductions of alien animals and Stone 1990, Stone 1985). Pigs facilitate 1991g10; J. Lau, pers. comm. 1995). plants (Cuddihy and Stone 1990, the spread of Psidium cattleianum B. Overutilization for Commercial, Wagner et al. 1985). The primary threats (strawberry guava) and Schinus Recreational, Scientific, or Educational facing the 10 plant taxa included in this terebinthifolius (Christmas berry), Purposes final rule are ongoing and threatened which threaten several of the taxa (Cuddihy and Stone 1990, Smith 1985, Unrestricted collecting for scientific destruction and adverse modification of or horticultural purposes or excessive habitat by feral animals and competition Stone 1985). On Maui, pigs threaten both subspecies of Clermontia samuelii, visits by individuals interested in seeing with alien plants (see Factor E for rare plants is a potential threat to any discussion about alien plants). Cyanea copelandii ssp. haleakalaensis, the only known populations of Cyanea species identified as an imperiled. This Eight of the 10 taxa in this rule are is the case with all of the taxa in this variously threatened by feral animals glabra and Cyanea hamatiflora ssp. hamatiflora, and the only known final rule, but would seriously impact (see Table 2). Animals such as pigs, the eight taxa whose low numbers and/ goats, axis deer, and cattle were population of Labordia triflora (NTBG 1994; A.C. Medeiros, R. Hobdy, and J. or few populations make them introduced either by the early especially vulnerable to disturbances Hawaiians or more recently by Lau, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995). (Cyanea copelandii ssp. haleakalaensis, European settlers for food and/or Cyanea glabra, Dubautia plantaginea commercial ranching activities. Over the Goats, native to the Middle East and ssp. humilis, Hedyotis 200 years following their introduction, India, were first successfully introduced schlechtendahliana var. remyi, Kanaloa their numbers increased and the adverse to the Hawaiian Islands in 1792. Feral kahoolawensis, Labordia tinifolia var. impacts of feral ungulates on native goats now occupy a wide variety of lanaiensis, Labordia triflora, and vegetation have become increasingly habitats from lowland dry forests to Melicope munroi). apparent. Beyond the direct effect of montane grasslands on Kauai, Oahu, trampling and grazing native plants, Molokai, Maui, and Hawaii, where they C. Disease and Predation feral ungulates have contributed consume native vegetation, trample Disease is not known to be a significantly to the heavy erosion still roots and seedlings, accelerate erosion, significant threat to any of the taxa. taking place on most of the main and promote the invasion of alien plants None of the 10 taxa are known to be Hawaiian islands (Cuddihy and Stone (Scott et al. 1986, Stone 1985, van Riper unpalatable to pigs, deer, or goats. Feral 1990). and van Riper 1982). On Molokai, goats pigs not only destroy native vegetation Pigs, originally native to Europe, threaten the only known population of through their rooting activities and Africa, and Asia, were introduced to Labordia triflora (T. Motley, pers. dispersal of alien plant seeds (see Factor Hawaii by the Polynesian ancestors of comm. 1993). A), but they also feed on plants, Hawaiians, and later by western In 1920, a group of 12 axis deer was preferring the pithy interior of large tree immigrants. The pigs escaped introduced to the island of Lanai and ferns and fleshy-stemmed plants from domestication and invaded primarily about 60 years later the population was the bellflower family (Stone 1985, Stone wet and mesic forests of Kauai, Oahu, estimated at 2,800 (Tomich 1986). Axis and Loope 1987). There is direct Molokai, Maui, and Hawaii. Pigs pose deer degrade habitat by trampling and evidence of pigs eating bark off an immediate threat to one or more overgrazing vegetation, which removes individuals of Cyanea hamatiflora ssp.

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Predation is also a Of the 10 taxa in this final rule, 8 have within a conservation district. possible threat to the one other taxon, populations located on private land, 2 Regardless of the owner, lands in Labordia triflora, known from areas on State land, and 4 on Federal land these districts are regarded as necessary where pigs have been reported (A.C. within Haleakala National Park. While for the protection of endemic biological Medeiros and R. Hobdy, pers. comms. four of the taxa occur in more than one resources and the maintenance or 1995; F.R. Warshauer, pers. comm. of those three ownership categories, five enhancement of the conservation of 1995). are known only from private land, and natural resources. Activities permitted Two rat species, the black rat and the Kanaloa kahoolawensis is found only in conservation districts are chosen by Polynesian rat (Rattus exulans), and to on State land. considering how best to make multiple While four of these taxa are found in a lesser extent other introduced rodents, use of the land (HRS, sect. 205–2). Some Haleakala National Park, which is eat large fleshy fruits and strip the bark uses, such as maintaining animals for managed to protect native ecosystems, of some native plants, particularly fruits hunting, are based on policy decisions, one or more populations of each taxa are of the native plants in the bellflower while others, such as preservation of found on State or private land as well. family (Cuddihy and Stone 1990, endangered species, are mandated by One of the taxa, Clermontia samuelii, Tomich 1986, Wagner et al. 1985). It is State laws. Requests for amendments to also occurs in a State Natural Area possible that rats eat the fruits of district boundaries or variances within Clermontia samuelii, Cyanea copelandii Reserve, which is managed to perpetuate native resources (HRS, sect. existing classifications can be made by ssp. haleakalaensis, Cyanea glabra, and government agencies and any person Cyanea hamatiflora ssp. hamatiflora, 195–5). Furthermore, although Hawaii has a strong State Endangered Species with a property interest in the land which produce fleshy fruits and stems, (HRS, sect. 205–4). Before decisions and grow in areas where rats occur (A.C. law (HRS, sect. 195-D), these plants are currently not protected under that law. about these requests are made, the Medeiros, pers. comm. 1995; L. impact of the final reclassification on Mehrhoff, in litt. 1995). Rats also eat the The other three taxa are found on private lands. However, there are no ‘‘preservation or maintenance of seeds of Labordia triflora (T. Motley, important natural systems or habitat’’ pers. comm. 1993). Rats are a potential State laws or existing regulatory (HRS, sects. 205–4, 205–17), as well as threat to Kanaloa kahoolawensis, which mechanisms at the present time to the maintenance of natural resources is has seeds of a type preferred by rats (L. protect or prevent further decline of required to be taken into account (HRS, Mehrhoff, in litt. 1995). these plants on private land, except for Slugs are widespread in Hawaii and a minimal protection offered to those that sects. 205–2, 205–4). serious threat to many native plant taxa, occur on land classified as a Hawaii Revised Statutes (chapt. 343) in addition to possibly being an conservation district. require an environmental assessment to attractant to pigs (Howarth 1985). Slugs Sections 2(c) (1) and 7 of the Act determine whether or not the feed preferentially on plants with fleshy direct Federal agencies to seek to environment will be significantly leaves, stems, and fruits, including all conserve listed endangered and affected before any final land use—(1) taxa in the family Campanulaceae in threatened species and to avoid occurs on State land, or (2) is funded in Hawaii (L. Mehrhoff, in litt. 1995). Slugs jeopardizing listed species, but require part or whole by county or State funds, are the primary threat to Cyanea glabra. no such activities if the plants are not or (3) will occur within land classified All recent observations of this species federally listed. as conservation district. If it is found have shown slug damage on both The majority of the populations of the that an action will have a significant juveniles and adults (A.C. Medeiros, 10 taxa are located on land classified effect, preparation of a full pers. comm. 1995). Slugs are also a within conservation districts and owned Environmental Impact Statement is potential threat to the following taxa by the State of Hawaii or private required. Hawaii’s Environmental with fleshy tissues, including companies or individuals. Clermontia Policy Act, adopted in 1974 to Clermontia samuelii, Cyanea copelandii samuelii occurs within Haleakala encourage the conservation of natural ssp. haleakalaensis, and Cyanea National Park, and on State Forest resources and the enhancement of the hamatiflora ssp. hamatiflora (A.C. Reserve or State Natural Area Reserve quality of life, requires the safeguarding Medeiros, pers. comm. 1995; L. lands—both are within conservation of ‘‘. . . the State’s unique natural Mehrhoff, in litt. 1995). districts. Kanaloa kahoolawensis occurs environmental characteristics . . .’’ Two spotted leafhopper is a recently only on the island of Kahoolawe, which (HRS, sect. 344–3(1)) and includes introduced insect that feeds on leaves, is owned by the State of Hawaii. In guidelines to protect endangered species causing physical damage. In addition to 1993, Kahoolawe was transferred to of individual plants and animals (HRS, mechanical feeding damage, this insect native Hawaiian control. The sect. 344–4(3)(A)). However, unless the may be a vector of a plant virus and is Kahoolawe Island Reserve Commission species are protected under the State suspected of causing severe dieback of (KIRC), which is under the Hawaii endangered species law (i.e., State listed the native fern Dicranopteris linearis Department of Land and Natural as endangered or threatened), there is no (uluhe), and economic damage to crops Resources’ Historic Preservation section, mechanism to ensure that the species and ornamental plants in Hawaii. The was established to oversee the cleanup will be protected, regardless of what two spotted leafhopper is a potential of the island, including the removal of State ‘‘guidelines’’ are in place. Even threat to all native taxa, since it has unexploded military ordnance and the though all of these species, except shown no host preference. It is a restoration of native ecosystems and Kanaloa kahoolawensis, occur on particularly grave threat to Cyanea traditional cultural uses. Funding for conservation district lands, the glabra, since biologists have observed the cleanup was authorized by the U.S. designation of a conservation district leafhoppers near the West Maui Congress, and the U.S. Navy is does not provide adequate protection to population (Adam Asquith, Service, responsible for performing the cleanup. these species.

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Federal listing of these 10 plant one of the greatest alien plant threats to the island of Oahu, and has become species will automatically invoke State Hawaiian rain forests and is a threat on established on East Maui. This species listing under Hawaii’s Endangered Maui to one of two known populations has the potential to be very disruptive, Species law and supplement the of Cyanea copelandii ssp. as it has become an understory protection available under other State haleakalaensis and Cyanea glabra dominate where introduced to similar laws. The Federal Endangered Species (Higashino et al. 1988; A.C. Medeiros, habitat in Tahiti (Almeda 1990, Act will, therefore, offer additional pers. comm. 1995). On Lanai, this Cuddihy and Stone 1990). This species protection to these species. invasive alien plant threatens all occurs on Maui near populations of State laws relating to the conservation populations of Hedyotis Clermontia samuelii and poses a of biological resources, including schlechtendahliana var. remyi, the only potential threat (A.C. Medeiros, pers. indigenous aquatic life, wildlife and known population of Labordia tinifolia comm. 1995). land plants, and endangered species and var. lanaiensis, and the only known Myrica faya (firetree), native to the their associated ecosystems, allow for population of Melicope munroi (HHP Azores, Madeira, and the Canary the acquisition of land as well as the 1991e1 to 1991e3; R. Hobdy, pers. Islands, was introduced to Hawaii development and implementation of comm. 1994; J. Lau, pers. comm. 1995). before 1900 for wine-making, firewood, programs for the conservation, Schinus terebinthifolius (Christmas or an ornamental. Trees were planted in management, and protection of berry), introduced to Hawaii before forest reserves in the 1920s. By the mid- biological resources (HRS, sect. 195D– 1911, is a fast-growing tree or shrub 1980s M. faya had infested over 34,000 5(a)). However, according to HRS, sect. invading most mesic to wet lowland hectares (83,980 acres) throughout the 195D–5(d), ‘‘in carrying out programs areas of the major Hawaiian Islands State, with the largest infestations on authorized by this section, priority shall (Wagner et al. 1990). Schinus the island of Hawaii. It is now be given to the conservation and terebinthifolius is distributed mainly by considered a noxious weed (Cuddihy protection of those endangered . . .’’, feral pigs and fruit-eating birds and and Stone 1990, DOA 1981). Myrica (i.e., Federal and State listed),’’ . .. forms dense thickets that shade out and faya can form a dense stand with no aquatic life, wildlife, and land plant displace other plants (Cuddihy and ground cover beneath the canopy. This species whose extinction within the Stone 1990, Smith 1985, Stone 1985). lack of ground cover may be due to State would imperil or terminate, This species is a threat to one dense shading or to chemicals released respectively, their existence in the population of Hedyotis by the tree that prevent other species world.’’ Therefore, the State will always schlechtendahliana var. remyi, and the from growing. Myrica faya also fixes give priority to protection and only known populations of Labordia nitrogen and increases nitrogen levels in conservation efforts to species that are tinifolia var. lanaiensis and Labordia Hawaii’s typically nitrogen-poor federally and State listed as endangered triflora (HHP 1991e2; R. Hobdy, pers. volcanic soils. This may encourage the or threatened. Without Federal listing, comm. 1994; J. Lau, pers. comm. 1995). invasion of alien plants that would not these 10 species receive no protection or Rubus rosifolius (thimbleberry), normally be able to grow as well as management by the State. native to Asia, is naturalized in disturbed mesic to wet forest on all of native species in the low-nitrogen soils E. Other Natural or Manmade Factors the main Hawaiian Islands and is of Hawaii (Cuddihy and Stone 1990). Affecting Its Continued Existence perhaps the most widespread of all On Lanai, this species threatens All 10 of the taxa in this final rule are species of Rubus introduced to Hawaii Hedyotis schlechtendahliana var. remyi threatened or potentially threatened by (Cuddihy and Stone 1990). On Maui, and Labordia tinifolia var. lanaiensis competition with one or more alien this species threatens one of the two (HHP 1991e3; R. Hobdy, pers. comm. plant taxa (see Table 2). The most populations of Cyanea copelandii ssp. 1994). significant of these appear to be Psidium haleakalaensis as well as Cyanea glabra Paspalum conjugatum (Hilo grass) is cattleianum (strawberry guava), Schinus (NTBG 1994; A.C. Medeiros, pers. naturalized in moist to wet disturbed terebinthifolius (Christmas berry), comm. 1995). areas on all of the main Hawaiian Rubus rosifolius (thimbleberry), Clidemia hirta (Koster’s curse), a Islands except Niihau and Kahoolawe, Clidemia hirta (Koster’s curse), Miconia noxious shrub native to tropical and produces a dense ground cover calvescens (velvet tree), Myrica faya America, is found in mesic to wet (Cuddihy and Stone 1990). In Maui’s (firetree), Paspalum conjugatum (Hilo forests on at least six islands in Hawaii Kipahulu Valley, this grass threatens grass), Psidium guajava (common (Almeda 1990, Hawaii Department of one of the two populations of Cyanea guava), Casuarina equisetifolia Agriculture 1981, Smith 1992). Clidemia copelandii ssp. haleakalaensis, as well (ironwood tree), Leptospermum hirta was first reported on Oahu in 1941 as Cyanea glabra (NTBG 1994; A.C. scoparium (New Zealand tea), and and had spread through much of the Medeiros, pers. comm. 1995). On West Ageratina adenophora (Maui Koolau Mountains by the early 1960s. Maui, P. conjugatum threatens Dubautia pamakani). There are a number of other This noxious plant forms a dense plantaginea ssp. humilis (HPCC 1990). alien plant taxa that pose a significant understory, shading out other plants Psidium guajava (common guava), a threat to populations of these plants. and hindering plant regeneration shrub or small tree native to the New Psidium cattleianum (strawberry (Cuddihy and Stone 1990). This prolific World tropics, is naturalized on all of guava), an invasive shrub or small tree alien plant has recently spread to five the main islands, except, perhaps, native to tropical America, has become other islands and, on Maui is a potential Niihau and Kahoolawe (Wagner et al. widely naturalized on all of the main threat to Clermontia samuelii, Cyanea 1990). Psidium guajava is a serious islands, forming dense stands that copelandii ssp. haleakalaensis and weed that invades disturbed sites, exclude other plant species in disturbed Cyanea glabra (A.C. Medeiros, pers. forming dense thickets in dry as well as areas (Cuddihy and Stone 1990). This comm. 1995). mesic and wet forests (Smith 1985, alien plant grows primarily in mesic Miconia calvescens (velvet tree) is a Wagner et al. 1990). On Maui, this and wet habitats and is dispersed recently naturalized species native to species threatens one of the two known mainly by feral pigs and fruit-eating tropical America. This species has populations of Cyanea copelandii ssp. birds (Smith 1985, Wagner et al. 1990). become invasive in the Hamakua coast haleakalaensis, as well as Cyanea glabra Psidium cattleianum is considered to be and Pahoa areas of the island of Hawaii, and Dubautia plantaginea ssp. humilis

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(HPCC 1990; Higashino et al. 1988; A.C. is considered a more serious threat to kahoolawensis (Lorence and Wood Medeiros, pers. comm. 1995). native forests because it produces 1994, O’Connor 1990). Casuarina equisetifolia (ironwood) is abundant fruit (Cuddihy and Stone Erosion, landslides, rockslides, and a large, fast-growing tree that reaches up 1990, Wagner et al. 1990). Both species flooding due to natural weathering to 20 m (65 ft) in height (Wagner et al. of Hedychium threaten Clermontia result in the death of individual plants 1990). This large tree shades out other samuelii (A.C. Medeiros, pers. comm. as well as habitat destruction. This plants, takes up much of the available 1995), and H. gardnerianum is a threat especially affects the continued nutrients, and possibly releases a to Labordia tinifolia var. lanaiensis (R. existence of taxa or populations found chemical agent that prevents other Hobdy, pers. comm. 1994). on cliffs, steep slopes, and stream banks plants from growing beneath it (Neal Tibouchina herbacea (glorybush), a that have limited numbers and/or 1965, Smith 1985). Casuarina relative of Koster’s curse, first became narrow ranges such as the West Maui equisetifolia is invading the wet cliffs of established on the island of Hawaii in population of Cyanea glabra, Cyanea Iao Valley and is a threat to Dubautia the late 1970s and, by 1982, was hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis (HPCC 1990; collected in Lanilili on West Maui plantaginea ssp. humilis, and Kanaloa HHP 1991d1; R. Hobdy, pers. comm. (Almeda 1990). Although the disruptive kahoolawensis (Lorence and Wood 1995). potential of this alien plant is not fully 1994; R. Hobdy, pers. comm. 1995). Leptospermum scoparium (New known, T. herbacea appears to be The small number of populations and Zealand tea), brought to Hawaii as an invading mesic and wet forests of individuals of many of these taxa ornamental plant and now naturalized Hawaii and Maui (Cuddihy and Stone increases the potential for extinction in disturbed mesic to wet forest on three 1990), and is considered a threat to from a single human-caused or natural islands, threatens Hedyotis Clermontia samuelii, Cyanea copelandii environmental disturbance. In addition, schlechtendahliana var. remyi, and the ssp. haleakalaensis, and Cyanea glabra the small gene pool may depress only known populations of Labordia (R. Hobdy and A.C. Medeiros, pers. reproductive vigor. Four of the plants, tinifolia var. lanaiensis and Melicope comms. 1995). Kanaloa kahoolawensis, Labordia munroi (Wagner et al. 1990; J. Lau, pers. Sporobolus africanus (smutgrass) was tinifolia var. lanaiensis, Labordia comm. 1995). introduced from Africa and has become triflora, and Melicope munroi, are each Ageratina adenophora (Maui naturalized on all the main islands of known from a single population. Four pamakani), native to tropical America, Hawaii except Niihau and Kahoolawe. It additional taxa have five or fewer has become naturalized in dry areas to is typically found in disturbed areas populations (Cyanea copelandii ssp. wet forest on Oahu, Molokai, Lanai, such as road sides and pastures haleakalaensis, Cyanea glabra, Maui, and Hawaii (Wagner et al. 1990). (O’Connor 1990), and on Maui is a Dubautia plantaginea ssp. humilis, and This noxious weed forms dense mats threat to Dubautia plantaginea ssp. Hedyotis schlechtendahliana var. with other alien plants and prevents humilis (HPCC 1990). remyi), and three of the taxa are regeneration of native plants (Anderson Pluchea symphytifolia (sourbush) is estimated to number no more than 10 et al. 1992). On Maui, one of the two native to Mexico, the West Indies, and individuals (Hedyotis known populations of Cyanea northern South America. This species is schlechtendahliana var. remyi, Kanaloa copelandii ssp. haleakalaensis, as well naturalized in dry forests and ranges kahoolawensis, and Labordia triflora). as Cyanea glabra and Cyanea into mesic and wet forests on all the All of the taxa in this final rule either hamatiflora ssp. hamatiflora are main Hawaiian islands (Wagner et al. number fewer than 15 populations or threatened by this species (NTBG 1995; 1990). It is a fast growing shrub and can total fewer than 1,000 individuals (see R. Hobdy, pers. comm. 1995). form dense thickets (Smith 1985). Table 2). Rubus argutus (prickly Florida Pluchea symphytifolia is a threat to We have carefully assessed the best blackberry) was introduced to the Dubautia plantaginea ssp. humilis on scientific and commercial information Hawaiian Islands in the late 1800s from West Maui (HPCC 1990). available regarding the past, present, the continental U.S. (Haselwood and Emelia fosbergii is a pantropical weed and future threats faced by these taxa in Motter 1983). The fruits are easily of unknown origin. In Hawaii it is a determining to make this rule final. spread by birds to open areas such as common weed in disturbed lowland dry Based on this evaluation, we find that disturbed mesic or wet forests, where habitats on all the main islands (Wagner these 10 species should be listed as the species forms dense, impenetrable et al. 1990). Emelia fosbergii is a threat endangered—Clermontia samuelii, thickets (Smith 1985). One of two to the only known population of Cyanea copelandii ssp. haleakalaensis, known populations of Cyanea Kanaloa kahoolawensis (Lorence and Cyanea glabra, Cyanea hamatiflora ssp. copelandii ssp. haleakalaensis, as well Wood 1994). hamatiflora, Dubautia plantaginea ssp. as Cyanea glabra are threatened by this Nicotiana glauca (tree tobacco) was humilis, Hedyotis schlechtendahliana species (A.C. Medeiros, pers. comm. brought to Oahu as an ornamental from var. remyi, Kanaloa kahoolawensis, 1995). Argentina in the 1860s. It is now Labordia tinifolia var. lanaiensis, Hedychium coronarium (white ginger) naturalized in all warm temperate Labordia triflora, and Melicope munroi. was introduced to Hawaii in the late regions of the world. On Oahu, Lanai, All of these taxa are threatened by one 1800s, probably by Chinese immigrants. Maui, and Kahoolawe, this species is or more of the following—habitat It escaped from cultivation and is found naturalized in disturbed open, dry degradation and/or predation by pigs, in wet and mesic forests on most of the habitats (Symon 1990). Nicotiana glauca goats, deer, rats, and invertebrates; main Hawaiian islands. The large, is a threat to the only known population competition with alien plant taxa for vigorous herbs mainly reproduce of Kanaloa kahoolawensis (Lorence and space, light, water, and nutrients; and, vegetatively, forming very dense stands Wood 1994). substrate loss. Eight of the taxa have five that exclude all other growth. Chloris barbata (swollen finger grass) or fewer populations, and three of these Hedychium gardnerianum (kahili is native to Central America, the West taxa are estimated to number no more ginger) was introduced to Hawaii before Indies, and South America. In Hawaii it than 10 individuals. Small population 1940 from the Himalayas, and now has is naturalized in disturbed dry areas on size and limited distribution make eight major infestations on the islands of all the main islands, and is a threat to of these taxa particularly vulnerable to Hawaii, Maui, and Kauai. This species the only known population of Kanaloa extinction from reduced reproductive

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.038 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48319 vigor or from random environmental other four taxa (Clermontia samuelii, by taking or other human activity, events. Because all of the 10 taxa are in Cyanea copelandii ssp. haleakalaensis, which threats would be exacerbated by danger of extinction throughout all or a Cyanea glabra, and Cyanea hamatiflora the designation of critical habitat. significant portion of their ranges, they ssp. hamatiflora) located primarily on In the absence of a finding that critical fit the definition of endangered as Federal lands within Haleakala National habitat would increase threats to a defined in the Act. Therefore, the Park. National Parks are managed for the species, if there are any benefits to determination of endangered status for protection of native ecosystems, which critical habitat designation, then a these 10 taxa is warranted. should promote protection, prudent finding is warranted pursuant conservation, and recovery of plants to the NRDC decision. In the case of Critical Habitat that are part of those ecosystems, these taxa, there may be some benefits Critical habitat is defined in section 3 suggesting no significant benefit from a to critical habitat. The primary of the Act as: (i) the specific areas designation of critical habitat. regulatory effect of critical habitat is the within the geographical area occupied In light of recent court decisions (e.g., section 7 requirement that Federal by a species, at the time it is listed in Natural Resources Defense Council v. agencies refrain from taking any action accordance with the Act, on which are U.S. Department of the Interior 113 F. that destroys or adversely modifies found those physical or biological 3d 1121 (9th Cir. 1997); Conservation critical habitat. Four of these species features (I) essential to the conservation Council for Hawaii v. Babbitt, 2 F. Supp. (Clermontia samuelii, Cyanea of the species and (II) that may require 2d 1280 (D. Hawaii 1998)) issued since copelandii ssp. haleakalaensis, Cyanea special management consideration or the proposed rule was published we glabra, and Cyanea hamatiflora ssp. protection; and (ii) specific areas have reconsidered the prudency finding hamatiflora) occur in part on Federal outside the geographical area occupied under the Act. In the Natural Resources land that would be subject to section 7. by a species at the time it is listed, upon Defense Council case (hereafter NRDC), The fact that this is land administered a determination that such areas are the Ninth Circuit held, first, that a not by the National Park Service does not, essential for the conservation of the prudent finding premised on increased in itself, justify a not prudent finding in species. ‘‘Conservation’’ means the use threats was justified only if the Service the Ninth Circuit. However, we will of all methods and procedures needed weighs, based on facts in the record, the determine at the time of designation to bring the species to the point at benefits of designation against the risks whether National Park Service lands which listing under the Act is no longer of designation. Second, it held that the meet the statutory definition of critical necessary. Service erred in finding no benefit to habitat. While the other taxa (Dubautia Prudency Determination critical habitat simply because critical plantaginea ssp. humilis, Hedyotis habitat would not control the majority schlechtendahliana var. remyi, Kanaloa Section 4(a)(3) of the Act, as of land-use activities within critical kahoolawensis, Labordia tinifolia var. amended, and implementing regulations habitat, and that to do so was lanaiensis, Labordia triflora, and (50 CFR 424.12) require that, to the inconsistent with Congressional intent Melicope munroi) are located maximum extent prudent and that the not prudent exception to exclusively on non-Federal lands with determinable, the Secretary designate designation should apply ‘‘only in rare limited Federal activities, there may be critical habitat at the time the species is circumstances.’’ With regard to non- Federal actions affecting these lands in determined to be endangered or Federal lands, the court found that they the future. While a critical habitat threatened. Critical habitat is not would be subject to section 7 designation for habitat currently prudent when one or both of the requirements in the future if their use occupied by these species would not be following situations exist—(i) the involved any form of Federal agency likely to change the section 7 species is threatened by taking or other authorization or action. Third, the court consultation outcome because an action human activity, and identification of found that the existence of another type that destroys or adversely modifies such critical habitat can be expected to of protection, even if potentially greater critical habitat would also be likely to increase the degree of such threat; (ii) than that provided by designating result in jeopardy to the species, there designation of critical habitat would not critical habitat, does not justify a not may be instances where section 7 be beneficial to the species. prudent finding. consultation would be triggered only if In the proposed rule, we indicated The Service continues to be critical habitat is designated. Examples that designation of critical habitat was concerned that designation of critical could include unoccupied habitat or not prudent for the six taxa (Dubautia habitat could potentially increase the occupied habitat that may become plantaginea ssp. humilis, Hedyotis threats to these species. Due to low unoccupied in the future. There may schlechtendahliana var. remyi, Kanaloa numbers of individuals or populations also be some educational or kahoolawensis, Labordia tinifolia var. and their inherent immobility, these informational benefits to critical habitat. lanaiensis, Labordia triflora, and plants are vulnerable to unrestricted Therefore, we find that critical habitat is Melicope munroi) that are located collection, vandalism or other prudent for the 10 Maui Nui plant taxa, primarily on non-Federal lands with disturbance. We also remain concerned Clermontia samuelii, Cyanea copelandii limited Federal activities because of a that these threats may be exacerbated by ssp. haleakalaensis, Cyanea glabra, concern that publication of precise the publication of critical habitat maps Cyanea hamatiflora ssp. hamatiflora, maps and descriptions of critical habitat and further dissemination of locational Dubautia plantaginea ssp. humilis, in the Federal Register could increase information. However, we have Hedyotis schlechtendahliana var. remyi, the vulnerability of these plant species examined the evidence available for Kanaloa kahoolawensis, Labordia to incidents of collection and general each of these ten taxa and have not, at tinifolia var. lanaiensis, Labordia vandalism. In the case of plants, this time, found specific evidence of triflora, and Melicope munroi. increased visits to the sites where rare taking, vandalism, collection or trade of species are found could contribute to any of them or of similarly situated Proposed Critical Habitat Designations the decline of existing populations species. Consequently, consistent with Will Be Consistent With The Service’s through overcollection or vandalism. applicable regulations (50 CFR Listing Priority Guidance We also indicated that designation of 424.12(a)(1)(i)), we do not find that any As a Tier 2 activity, the processing of critical habitat was not prudent for the of these species are currently threatened this final rule conforms with our current

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.039 pfrm03 PsN: 03SER1 48320 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations listing priority guidance (LPG) for fiscal requested approximately $7.5 million action that destroys or adversely years 1998 and 1999, published in the for listing, Congress appropriated only modifies critical habitat. While in some Federal Register on May 8, 1998 (63 FR $5.0 million. The President requested cases critical habitat may result in some 25502). However, at this time, and received $5.19 million for listing in additional section 7 coverage, for designation of critical habitat is a Tier FY 1998, and Congress expressly example in unoccupied habitat, the 3 activity under the current LPG. While prohibited the expenditure of any prohibition on destroying critical we allocated about 17 percent of the additional funds for listing. This habitat generally overlaps the jeopardy total listing budget for critical habitat reduced listing budget request was prohibition of section 7. There may also actions this fiscal year, all of Region 1’s based on a realistic assessment of the be other benefits of critical habitat, such allocation will be spent complying with level of funding that might be obtained as increased awareness by the general court-ordered designations. Completion and reflected a need to address other public and State and government of any other Tier 3 activity in Region 1 endangered species program activities agencies of the importance of certain this fiscal year is precluded by higher such as conducting section 7 habitat areas. Nevertheless, compared priority listing actions. Future work on consultations, processing section 10 with the benefits of listing as proposed critical habitat designations incidental take permit applications, and endangered or threatened, those species for these taxa will be scheduled based developing and implementing recovery that presently have no protection under on future listing appropriations, the LPG plans. Although the Department also the Act, designating critical habitat for in effect at that time, and their relative requested that Congress include the species already receiving its full priority compared to other pending amount of the budget that could be protection provides relatively fewer critical habitat proposals. allocated to listing on the face of the conservation benefits. The Act imposes more listing duties appropriations bill, it did so only to Furthermore, designation of critical than we currently are able to meet due clarify Congress’ intent, previously habitat is expensive and time- to lack of adequate funding. To deal expressed in Congressional committee consuming. It entails the detailed with this difficult situation, we have reports, that we not divert funding to identification of all areas containing the developed a series of LPGs to prioritize listings from other programs. In FY physical or biological features essential our various listing activities in such a 1999, the President requested significant to the conservation of each species (16 way as to secure the most protection for increases for all Endangered Species U.S.C. 1532(5)(A)). Then, we must the greatest number of the most programs, including an increase of $1.5 determine which of these areas may imperiled species in the least time. million for listing. However, Congress require special management considerations or protection. Maps and The Listing Priority Guidance appropriated only an additional $566,000, for a total listing budget of written legal descriptions must be The Federal Register notices for the $5.756 million, again with an express prepared for each area to be proposed LPGs describe the fiscal constraints cap on the listing budget. for critical habitat (50 CFR 424.12(c)). imposed over the past four years in To address the backlog that has We must also consider the economic detail. 63 FR 25502 (May 8, 1998) (FY resulted from the listing moratorium and other impacts of designating areas 1998/1999 LPG); 61 FR 64475 (Dec. 5, and subsequent funding constraints, and as critical habitat (16 U.S.C. 1533(b)(2)). 1996) (FY 1997 LPG); 61 FR 24722 (May to meet litigation deadlines, we This requires the preparation of an 16, 1996) (FY 1996 LPG). In brief, employed the LPGs to prioritize listing economic analysis and consideration of Congress originally appropriated $7.999 actions. The 1996, 1997, and 1998/99 any additional available information million for listing in FY 1995. On April LPGs use categories or ‘‘tiers’’ of Act concerning other impacts. Then we 10, 1995, Congress enacted a listing actions to guide the expenditure must determine whether the benefits of moratorium on final listing of limited listing funds. Each year, the excluding any particular area outweigh determinations and critical habitat content and number of tiers has changed the benefits of including that area as designations, and rescinded $1.5 somewhat, reflecting the progress that part of the critical habitat. To insure that million (nearly twenty percent) of the the Service has made in reducing the the affected public and State and local listing budget. The severe funding listing backlog. In the current guidance, governments have an adequate shortages and the listing moratorium the highest priority (Tier 1) is assigned opportunity to comment, we must also continued in FY 1996. From October 1, to emergency listings of species facing publish each critical habitat proposal in 1995, until April 26, 1996, the an imminent risk of extinction. The the Federal Register for public Department of the Interior operated second highest priority (Tier 2) includes comment; provide actual notice of the without a regularly enacted full-year processing final determinations on proposed regulation to appropriate State appropriations bill. Instead, funding for proposed additions to the lists of and local government agencies where most of the Department’s programs, endangered and threatened species, the taxon is believed to occur; publish including the endangered species listing processing new proposals to add species a summary of each proposal in a program, was governed by a series of to the lists, and processing petition newspaper of general circulation in each thirteen ‘‘continuing resolutions’’ (CRs) findings to add species to the lists. area where the taxon is believed to that severely reduced or eliminated Preparing proposed and final rules to occur; and hold public hearings if funding for the Service’s listing designate critical habitat is assigned the requested (16 U.S.C. 1533(b)(5)). program. Their net effect was essentially lowest priority (Tier 3). It is very difficult to estimate to shut down the listing program. It is essential during periods of precisely the time and cost to develop After more than six months of limited listing funds to maximize the critical habitat designations for the continuing resolutions, Congress conservation benefit of listing plants at issue here and we intend to allowed the President to lift the listing appropriations. Designation of critical streamline the process to the extent moratorium and appropriated $4.0 habitat is very resource-intensive, and possible consistent with our statutory million for listing in FY 1996, far short in most cases provides little additional obligations. For example, for the of the funds necessary to process the protection. As explained previously, the Mexican spotted owl, the actual backlog of 243 final listing primary regulatory effect of critical designation cost over $341,000. determinations that required action. In habitat is the section 7 requirement that Obviously, the greater the number of FY 1997, although the President Federal agencies refrain from taking any species, the greater the cost. Because of

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Each region has a will be expended to comply with these thus allowing the implementation of a regional office and a number of field court orders. For example, we have been more balanced listing program. When offices that report to the regional office. ordered to propose critical habitat for the moratorium was lifted, final These ten species are under the the tidewater goby by August 3, 1999, decisions for 243 proposed listings were jurisdiction of Region 1, which includes and to complete final critical habitat pending. In the four calendar years prior California, Oregon, Washington, Idaho, designation for the western snowy to the moratorium, we made final listing Nevada, Hawaii, and various Pacific plover by December 1, 1999. In decisions for an average of 88 species Islands. Within Region 1, these species addition, Region 1 had to comply with per year. In comparison, in the twelve are the responsibility of the Pacific a court order to reanalyze a previous not months after the moratorium was lifted Islands Fish and Wildlife Office in prudent finding for critical habitat for on April 26, 1996, we made final listing Honolulu, Hawaii. the coastal California gnatcatcher. This Region 1 has by far the heaviest determinations for 131 species. Since reanalysis was completed this fiscal endangered species workload of the that time, we further reduced the year, and we are beginning the analysis Service’s seven regions. About one-half backlog of pending proposals to list on specific sites to identify any areas of all species listed under the Act fall domestic species, so that 68 such within Region 1’s jurisdiction. Since the that may be appropriate for proposed proposals remain pending (as of June listing moratorium was lifted in April critical habitat designation. Complying 24, 1999), only 1 of which was 1996, Region 1 has expended much of with these orders will require a published prior to the moratorium. its limited listing resources on the significant commitment of resources. However, at present we still face the completion of final determinations on By far the greatest litigation-driven dilemma that we cannot complete all of proposed rules to list species. From commitment of listing resources will be our statutory listing duties within the April 1996 through June 24, 1999, we required to comply with the order in time frames mandated by Congress, made 210 final determinations for Conservation Council of Hawaii v. given the insufficient funds Region 1 species (81 percent of the Babbitt. There, the district court appropriated by Congress for this nationwide total of 260). In that time remanded to the Service its ‘‘not purpose. The LPG is the most efficient frame, Region 1 also proposed rules for prudent’’ findings on critical habitat way, consistent with the purposes of the 49 species (56 percent of the nationwide designation for 245 species of Hawaiian Act, for us to pursue the goal of total of 88), and completed 9 petition plants. The court ordered us not only to reestablishing full compliance with the findings (20 percent of the nationwide reconsider these findings but also to Act. total of 44). designate critical habitat for any species The progress we have made in Region 1 likewise has a heavy listing for which we determine on remand that reducing the listing backlog by workload for the remainder of FY 1999. critical habitat designation is prudent. employing the LPG has allowed us to Region 1 has the lead on forty-six This order essentially requires a single slowly expand the activities we species proposed for listing for which field office to draft critical habitat undertake. Resuming work on critical final determinations must be made. determinations for over one-fifth of all habitat designations, where prudent, is Region 1 must also complete 12-month the species that have ever been listed in the next step in this process. In fact, we findings for an additional five species. the history of the Act, and encompasses set aside $979,000 from the 1999 listing Moreover, Region 1 has primary more than one-third of all listed plants. budget to undertake critical habitat responsibility for about 100 candidate Compliance with this court order, set on actions. However, current budget levels species, many of which face imminent, a schedule to run through 2003, will are clearly insufficient for us to high-magnitude threats to their require an enormous commitment of undertake all of our outstanding critical existence. Finally, Region 1 has 5 listing listing resources that may delay other habitat designations in addition to petitions awaiting 90-day findings. Region 1 listing activity for years. meeting our other mandatory listing Under the LPG, these are all Tier 2 Because of this tremendous court duties under the Act. Therefore, we plan activities that should be given priority ordered workload, the Pacific Islands to employ a priority system for deciding to ensure that species in need of the Fish and Wildlife Office is only working which ones should be addressed first. fundamental protections of the Act are on emergency listing actions (Tier 1) in We will focus our efforts on those addressed. Currently, there is one draft addition to lawsuit driven listing designations that will provide the most final delisting package awaiting revision activities; all remaining Tier 2 activities conservation benefit, taking into by the Pacific Islands Fish and Wildlife remaining in the office will not be consideration the efficacy of critical Office listing staff and, seven draft completed. While we cannot predict the habitat designation in addressing the proposed listing packages covering 39 outcome of the Congressional threats to the species, the magnitude species awaiting revision by either the appropriation process for FY 2000 it is and immediacy of those threats, and the Regional Office listing staff or the very unlikely that it will see a amount of resources necessary to Pacific Islands Fish and Wildlife Office. significant increase in its listing budget complete the designation. We are also in In addition, preparation of proposed and it is more reasonable to expect that the process of re-examining procedures listing rules for 28 Hawaiian plant the budget will be at a slightly lower and requirements for critical habitat species and 2 species of butterflies from level than FY 1999. If this is the case, designation, in order to streamline and the Northern Marianas Islands have it is likely that the Pacific Islands Fish expedite such actions to the maximum been put on hold indefinitely due to the and Wildlife Office will continue to extent permitted under law (64 FR increased workload associated with the have the ability to work only on court 31871, June 14, 1999) (notice of intent determination and designation of ordered and emergency listing actions.

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Of the $5.756 million appropriated in endangered taxa occur on National Park We are not aware of any trade in these FY 1999 for listing actions, Region 1 Service land. The National Park Service species. was allocated $2.964 million (over 50 monitors and manages rare and We believe that, based on the best percent). Of the $979,000 allocated to endangered species populations within available information at this time, the critical habitat, Region 1 received Haleakala National Park (S. Anderson, following actions will not result in a $460,000, or 47 percent. These funds are pers. comm. 1998). violation of section 9 on private land insufficient to fulfill all of its section 4 The Act and its implementing provided that they do not violate State listing duties during FY 1999 as well as regulations set forth a series of general trespass or other laws—hunting, bird to comply with existing court orders prohibitions and exceptions that apply watching, and hiking. Activities for regarding critical habitat. Therefore, to all endangered plants. With respect to which a Federal endangered species designating critical habitat for these 10 the 10 species in this final rule, all permit is issued to allow collection for taxa at this time (Tier 3 activities) would prohibitions of section 9(a)(2) of the Act, scientific or recovery purposes would come at the expense of providing basic implemented by 50 CFR 17.61, would also not result in a violation of section protection under the Act to species not apply. These prohibitions, in part, make 9. We are not aware of any otherwise yet listed (Tier 2 activities). it illegal for any person subject to the lawful activities being conducted or We will develop critical habitat jurisdiction of the United States to proposed by the public that will be designations for these ten taxa as soon import or export any endangered plant affected by this listing and result in a as feasible. At the present time, we species to/from the United States; violation of section 9. General expect that the most expeditious way of transport such species in interstate or prohibitions and exceptions that apply processing these designations will be to foreign commerce in the course of a to all endangered plants in section process them with the 245 Hawaiian commercial activity; sell or offer for sale 9(a)(2) of the Act, implemented by 50 plant species for which critical habitat such a species in interstate or foreign CFR 17.61, apply as discussed earlier in determinations have been remanded to commerce; remove and reduce such a this section. us in Conservation Council of Hawaii v. species to possession from areas under Questions regarding whether specific activities will constitute a violation of Babbitt. As a result, we currently Federal jurisdiction; maliciously section 9 of the Act should be directed anticipate that the proposed critical damage or destroy any such species to the Pacific Islands Ecoregion Manager habitat designation will be completed from areas under Federal jurisdiction; or (see ADDRESSES section). Requests for by April 20, 2002, and the final rules remove, cut, dig up, or damage or copies of the regulations concerning will be completed by April 20, 2003. destroy any such species in knowing listed plants and inquiries regarding Available Conservation Measures violation of any State law or regulation, prohibitions and permits may be including State criminal trespass law. Conservation measures provided to addressed to the Fish and Wildlife Certain exceptions to the prohibitions species listed as endangered or Service, Ecological Services, Permits apply to agents of the Service and State threatened under the Act include Branch, 911 N.E. 11th Avenue, Portland, conservation agencies. recognition, recovery actions, Oregon 97232–4181 (telephone 503– The Act and 50 CFR 17.62 provide for requirements for Federal protection, and 231–2063; facsimile 503–231–6243). prohibitions against certain activities. the issuance of permits to carry out Recognition through listing can otherwise prohibited activities Hawaii State Law encourage and result in conservation involving endangered plant species Federal listing will automatically actions by Federal, State, and local under certain circumstances. Such invoke listing under the State’s agencies, private organizations, and permits are available for scientific endangered species law. Hawaii’s individuals. The Act provides for purposes and to enhance the endangered species law states, ‘‘Any possible land acquisition and propagation or survival of the species. It species of aquatic life, wildlife, or land cooperation with the State and requires is anticipated that few permits would plant that has been determined to be an that recovery plans be developed for ever be sought or issued because these endangered species pursuant to the listed species. The protection required 10 species are not common in Federal Endangered Species Act shall be of Federal agencies and the prohibitions cultivation or in the wild. deemed to be an endangered species against certain activities involving listed It is our policy, published in the under the provisions of this chapter plants are discussed, in part, below. Federal Register on July 1, 1994 (59 FR ** *’’ (HRS, sect. 195D–4(a)). Section 7(a) of the Act, as amended, 34272), to identify to the maximum Therefore, Federal listing will accord requires Federal agencies to evaluate extent practicable at the time a species the species listed status under Hawaii their actions with respect to any species is listed those activities that would or State law. State law prohibits cutting, that is proposed or listed as endangered would not constitute a violation of collecting, uprooting, destroying, or threatened and with respect to its section 9 of the Act. The intent of this injuring, or possessing any listed critical habitat, if any is being policy is to increase public awareness of species of plant on State or private land, designated. Regulations implementing the effect of this listing on proposed and or attempting to engage in any such this interagency cooperation provision ongoing activities within the species’ conduct. The State law encourages of the Act are codified at 50 CFR part range. Four of the species occur on conservation of such species by State 402. Section 7(a)(2) of the Act requires Federal lands under the jurisdiction of agencies and triggers other State Federal agencies to ensure that activities the National Park Service. Collection, regulations to protect the species (HRS, they authorize, fund, or carry out are not damage, or destruction of these species sect. 195AD–4 and 5). likely to jeopardize the continued on Federal lands is prohibited without existence of a listed species or to a Federal endangered species permit. Paperwork Reduction Act destroy or adversely modify its critical Such activities on non-Federal lands This rule does not contain any new habitat. If a Federal action may affect a would constitute a violation of section collections of information other than listed species or its critical habitat, the 9 if conducted in knowing violation of those already approved under the responsible Federal agency must enter Hawaii State law or regulations or in Paperwork Reduction Act, 44 U.S.C. into formal consultation with the violation of a State criminal trespass law 3501 et seq., and assigned Office of Service. Populations of four of the (see Hawaii State Law section below). Management and Budget clearance

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

Flowering Plants

******* Clermontia samuelii Oha wai ...... U.S.A (HI) ...... CampanulaceaeÐBell- E 666 NA NA flower.

******* Cyanea copelandii Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA ssp. flower. haleakalaensis.

******* Cyanea glabra ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA flower.

******* Cyanea hamatiflora Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA ssp. hamatiflora. flower.

******* Dubautia NaÁenaÁe ...... U.S.A. (HI) ...... AsteraceaeÐSunflower ... E 666 NA NA plantaginea ssp. humilis.

******* Hedyotis Kopa ...... U.S.A. (HI) ...... RubiaceaeÐCoffee ...... E 666 NA NA schlechtendahlia- na var. remyi.

******* Kanaloa None ...... U.S.A. (HI) ...... FabaceaeÐLegume ...... E 666 NA NA kahoolawensis.

******* Labordia tinifolia Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐLogan ...... E 666 NA NA var. lanaiensis.

******* Labordia triflora Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐLogan ...... E 666 NA NA

******* Melicope munroi .... Alani ...... U.S.A. (HI) ...... E 666 NA NA RutaceaeÐCit- rus.

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VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.046 pfrm03 PsN: 03SER1 48324 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations

Dated: August 24, 1999. implemented under the authority of the allowed to persist, the fishery will John G. Rogers, Magnuson-Stevens Fishery collapse. In addition, the 1999 Conservation and Management Act assessment noted that the SPR estimate Acting Director, Fish and Wildlife Service. (Magnuson-Stevens Act) by regulations is useful to describe the fishing [FR Doc. 99–22969 Filed 9–2–99; 8:45 am] at 50 CFR part 622. mortality rate, but the SPR estimate is BILLING CODE 4310±55±P not a valid proxy for MSY in this fishery Background because it does not provide information Fishing pressure on red porgy on the actual level of spawning biomass DEPARTMENT OF COMMERCE increased substantially from the early that is providing recruitment. 1970’s to the present. In 1992, an The 1999 red porgy assessment National Oceanic and Atmospheric assessment revealed that red porgy were revealed that recruitment of age–1 red Administration overfished with a spawning potential porgy had declined 99.85 percent from ratio (SPR) of 13 percent. Also, in 1992 1973 to 1997 (7.6 million to 0.012 50 CFR Part 622 the Council established a rebuilding million age–1 fish) and that total [Docket No. 990823235±9235±01; I.D. timeframe of 10 years for red porgy. The spawning biomass has declined 97.24 061699F] Council used SPR as a proxy for percent from 1978 to 1997 (11,700 maximum sustainable yield (MSY) and RIN 0648-AM55 metric tons (mt) to 323 mt). The MSST as a criterion to judge whether or not a to achieve an SPR of 30 percent (MSY) Fisheries of the Caribbean, Gulf of stock was overfished. is 2,845 mt; the comparable figure for Mexico, and South Atlantic; Snapper- Amendment 9 to the FMP, which was optimum yield is 3,805 mt. The MFMT Grouper Fishery Off the Southern submitted to NMFS in February 1998 for is 0.45; whereas, the current fishing Atlantic States; Closure of the Red review and implementation, recognized mortality is 0.64, which is 42 percent Porgy Fishery that red porgy were overfished and over the MFMT. In addition, contained management measures to commercial and recreational landings AGENCY: National Marine Fisheries address that issue. Amendment 9 have declined substantially, and the size Service (NMFS), National Oceanic and increased the minimum size limit from of red porgy at maturity and size at Atmospheric Administration (NOAA), 12 to 14 inches (30.5 to 35.6 cm) total transition from females to males have Commerce. length, established a recreational bag occurred at progressively smaller sizes. ACTION: Emergency interim rule; request limit of 5 fish, prohibited harvest and The FMP specifies the overfishing for comments. possession in excess of the bag limit threshold for red porgy at an SPR of 30 during March and April, and prohibited percent. The 1999 assessment estimated SUMMARY: This emergency interim rule purchase and sale during March and the SPR at 24 percent. Thus, overfishing prohibits the harvest and possession of April. Based on the best scientific is occurring. red porgy in or from the exclusive information available at that time, the The 1999 assessment clearly shows economic zone off the southern Atlantic Council believed that the proposed red that the spawning biomass has been states. Closure of the fishery is intended porgy management measures in substantially below the MSST since to protect the red porgy resource, which Amendment 9 would prevent 1992. Concomitant with the depressed is currently overfished. overfishing. level of spawning stock has been a DATES: This rule is effective September Also, in October 1998, based upon the depressed level of recruitment. Given 8, 1999, through March 1, 2000. same information used to develop the seriously overfished condition of the Comments must be received no later Amendment 9, the Council selected a red porgy resource, as well as the than October 4, 1999. 10-year rebuilding timeframe for red original intent of the Council to rebuild porgy in the Comprehensive ADDRESSES: Comments on this this resource by the year 2001, the Amendment Addressing Sustainable emergency interim rule must be mailed Council concluded that it is prudent Fishery Act Definitions and Other to, and copies of documents supporting and necessary under the Magnuson- Required Provisions in Fishery this action, such as NMFS’ economic Stevens Act to close the fishery to Management Plans of the South Atlantic analysis and environmental assessment, rebuild this species. Region. NMFS partially approved the may be obtained from, the Southeast The Council will request NMFS to Comprehensive Amendment on May 19, Regional Office, NMFS, 9721 Executive develop potential management options 1999, and specifically approved the Center Drive N., St. Petersburg, FL for the red porgy fishery in time for the rebuilding schedule for red porgy. September Council meeting. The 33702. Requests for copies of a minority In March 1999, a new red porgy report submitted by a member of the Council intends to develop permanent assessment revealed the condition of the management measures to replace the South Atlantic Fishery Management red porgy resource was substantially Council (Council) should be sent to the emergency interim rule for red porgy at worse than previously thought. the September Council meeting. South Atlantic Fishery Management Specifically, for the first time in the Council, One Southpark Circle, Suite This action will require the discard of management of this fishery, biomass- red porgy that inevitably will be caught 306, Charleston, SC 29407-4699; phone: based estimates for MSY, minimum 843-571-4366; fax: 843-769-4520. incidentally when fishing for other stock size threshold (MSST), maximum snapper-grouper species. Some of these FOR FURTHER INFORMATION CONTACT: fishing mortality threshold (MFMT), discarded fish will not survive. Peter J. Eldridge, 727-570-5305, fax: 727- and estimates of actual recruitment to Nevertheless, the overall reduction in 570-5583. the fishery for the 1973 through 1997 mortality of red porgy is necessary to SUPPLEMENTARY INFORMATION: The period were available. This information return the biomass to levels that will snapper-grouper fishery off the southern revealed that the red porgy resource is allow harvests approximating the MSY Atlantic states is managed under the suffering recruitment failure. for the species. Fishery Management Plan for the Recruitment failure means that the Snapper-Grouper Fishery of the South number of recruits is insufficient to Minority Report Atlantic Region (FMP). The FMP was maintain the spawning biomass of the A Council member submitted a prepared by the Council and is population. If such a condition is minority report that objects to the

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