Wednesday, December 27, 2000
Part III
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Prudency Determinations for Eight Plant Species From the Hawaiian Islands, and Proposed Critical Habitat Designations for Eighteen Plant Species From the Island of Lanai, Hawaii; Proposed Rule
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DEPARTMENT OF THE INTERIOR that designation of critical habitat was at the termination of the public prudent at the time of their listing as comment period. Fish and Wildlife Service endangered species in 1999. Critical You may hand-deliver written habitat designations for these species comments to our Pacific Islands Office 50 CFR Part 17 are also proposed at this time. at 300 Ala Moana Blvd., Room 3–122, RIN 1018±AH10 In addition, we proposed that critical Honolulu, Hawaii. habitat was prudent for nine species Comments and materials received, as Endangered and Threatened Wildlife (Bonamia menziesii, Centarium well as supporting documentation used and Plants; Prudency Determinations sebaeoides, Clermontia oblongifolia ssp. in the preparation of this proposed rule for Eight Plant Species From the mauiensis, Ctenitis squamigera, Cyanea will be available for public inspection, Hawaiian Islands, and Proposed grimesiana ssp. grimesiana, Cyrtandra by appointment, during normal business Critical Habitat Designations for munroi, Hibiscus brackenridgei, hours at the Pacific Islands Office. Eighteen Plant Species From the Spermolepis hawaiiensis, and Vigna o- FOR FURTHER INFORMATION CONTACT: Paul Island of Lanai, Hawaii wahuensis) from Lanai that also occur Henson, Field Supervisor, Pacific on Kauai, Niihau, Maui, and/or AGENCY: Fish and Wildlife Service, Islands Office (see ADDRESSES section) Kahoolawe in proposed rules published Interior. (telephone 808/541–3441; facsimile earlier in 2000. Critical habitat ACTION: 808/541–3470). Proposed rule and notice of designations for these species on Lanai prudency determination. are proposed at this time, with the SUPPLEMENTARY INFORMATION: SUMMARY: We, the U.S. Fish and exception of Vigna o-wahuensis for Background Wildlife Service (Service), have which we do not currently know the specific location of this species on We have reconsidered our findings reconsidered our findings concerning concerning whether designating critical whether designating critical habitat for Lanai. habitat for eight federally protected eight federally protected plants from the We solicit data and comments from plants from the island of Lanai is island of Lanai would be prudent. Some the public on all aspects of this prudent. Currently, four of these species of these plant species may also occur on proposal, including data on the (Abutilon eremitopetalum, Cyanea other Hawaiian Islands. The eight plants economic and other impacts of the macrostegia ssp. gibsonii, Gahnia were listed as endangered species under proposed designations. We may revise lanaiensis, and Viola lanaiensis) are the Endangered Species Act of 1973, as this proposal to incorporate or address endemic to the island of Lanai, while amended (Act), between 1991 and 1996. new information received during the two species (Hedyotis mannii and At the time each plant was listed, we comment period. Portulaca sclerocarpa) are known from determined that designation of critical DATES: We must receive comments from Lanai, as well as one or more other habitat was not prudent because it all interested parties by February 26, would increase the degree of threat to islands. One species, Tetramolopium 2001. Public hearing requests must be remyi, was known from Maui and Lanai the species and/or would not benefit the received by February 12, 2001. plant. but is currently only extant on Lanai We propose that critical habitat is ADDRESSES: If you wish to comment, (Table 1). We believe the eighth species, prudent for seven of these species you may submit your comments and Phyllostegia glabra var. lanaiensis, may (Abutilon eremitopetalum, Cyanea materials concerning this proposal by be extinct. macrostegia ssp. gibsonii, Gahnia any one of several methods: Proposed prudency determinations lanaiensis, Hedyotis mannii, Portulaca You may submit written comments for nine species (Bonamia menziesii, sclerocarpa, Tetramolopium remyi, and and information to the Field Supervisor, Centarium sebaeoides, Clermontia Viola lanaiensis) because the potential U.S. Fish and Wildlife Service, Pacific oblongifolia ssp. mauiensis, Ctenitis benefits of designating critical habitat Islands Office, 300 Ala Moana Blvd., squamigera, Cyanea grimesiana ssp. essential for the conservation of these P.O. Box 50088, Honolulu, Hawaii grimesiana, Cyrtandra munroi, Hibiscus species outweigh the risks that may 96850–0001. brackenridgei, Spermolepis hawaiiensis, result from human activity due to You may send comments by and Vigna o-wahuensis) which also critical habitat designation. Therefore, electronic mail (e-mail) to occur on the islands of Kauai or Niihau we are proposing the designation of [email protected]. Please submit were published in a previous proposal critical habitat for these seven species. comments in ASCII file format and (65 FR 66807); those which also occur We propose that designation of critical avoid the use of special characters and on Maui or Kahoolawe are being habitat is not prudent for one species, encryption. Please include ‘‘Attn: 1018– published in a concurrent proposal. Phyllostegia glabra var. lanaiensis, AH10’’ and your name and return In addition, for three species which is no longer extant in the wild, address in your e-mail message. If you (Hedyotis schlechtendahliana var. and for which no genetic material is do not receive a confirmation from the remyi, Labordia tinifolia var. lanaiensis, currently known. Such designation system that we have received your e- and Melicope munroi), we determined would not be beneficial to this species. mail message, contact us directly by that designation of critical habitat was For three additional species from calling our Pacific Islands Office at prudent at the time of their listing as Lanai, Hedyotis schlechtendahliana var. phone number 808/541–3441. Please endangered species in 1999. Proposed remyi, Labordia tinifolia var. lanaiensis, note that the e-mail address critical habitat designations for these and Melicope munroi, we determined ([email protected]) will be closed species are included in this proposal.
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TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF 37 SPECIES ON LANAI
Island distribution Species Kauai Oahu Molokai Lanai Maui Hawaii N.W. Isles, Kahoolawe Niihau
Abutilon eremitopetalum C (No common name). Adenophorus periens CHCRRC (pendant kihi fern). Bidens micrantha sp. HC kalealaha (ko oko alau). Bonamia menziesii (No CCHCCC common name). Brighamia rockii (pua ala) .. C H H Cenchrus agrimonioides C H C R NW Isles (H) (No common name). Centaurium sebaeoides CCCCC (awiwi). Clermontia oblongifolia ssp. CC mauiensis (oha wai). Ctenitis squamigera HCHCCH (pauoa). Cyanea grimesiana ssp. CCCC grimesiana (haha). Cyanea lobata (haha) ...... H C Cyanea macrostegia ssp. C gibsonii (haha). Cyperus trachysanthos (pu CCHH Ni(C) uka a). Cyrtandra munroi (ha iwale) C C Diellia erecta (No common HHCHCC name). Diplazium molokaiense (No HHHHC common name). Gahnia lanaiensis (No com- C mon name). Hedyotis mannii (No com- CCH mon name). Hedyotis C schlechtendahliana var. remyi (kopa). Hesperomannia CCHC arborescens (No com- mon name). Hibiscus brackenridgei HCHCCCKa(R) (mao hau hele). Isodendrion pyrifolium HHHHCNi(H) (aupaka). Labordia tinifolia var. C lanaiensis (kamakahala). Mariscus faurei (No com- CH C mon name). Melicope munroi (alani) ...... H C Neraudia sericea (No com- C H C Ka(H) mon name). Phyllostegia glabra var. H lanaiensis (ulihi). Portulaca sclerocarpa (po CC e). Sesbania tomentosa (ohai) CCCHCCNi(H), Ka(C), NW Isles (C) Silene lanceolata (No com- HCCH C mon name). Solanum incompletum H HHHC (popolo ku mai). Spermolepis hawaiiensis CCCCCC (No common name). Tetramolopium lepidotum CH ssp. lepidotum (No com- mon name). Tetramolopium remyi (No CH common name). Vigna o-wahuensis (No HCCCCNi(H), Ka(C) common name). Viola lanaiensis (No com- C mon name).
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TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF 37 SPECIES ON LANAIÐContinued
Island distribution Species Kauai Oahu Molokai Lanai Maui Hawaii N.W. Isles, Kahoolawe Niihau
Zanthoxylum hawaiiense C CHCC (ae). KEY: C (Current)Ðpopulation last observed within the past 30 years. H (Historical)Ðpopulation not seen for more than 30 years. R (Reported)Ðreported from undocumented observations. An additional 17 species are known only from historical records (pre-1970) on Lanai or from undocumented observa- tions (Table 1). Proposed prudency determinations and proposed critical habitat designations or non-designations for these species which still occur on other islands have been or will be included in the proposed rules for the islands on which they currently occur (Table 2).
TABLE 2.ÐLIST OF PROPOSED RULES IN WHICH PRUDENCY DETERMINATIONS AND CRITICAL HABITAT DESIGNATIONS/ NON-DESIGNATIONS WERE OR WILL BE PROPOSED FOR 14 SPECIES THAT NO LONGER OCCUR ON LANAI
Proposed rule in which prudency will be Proposed rule in which critical habitat des- Species proposed ignations/non designations will be discussed
Brighamia rockii ...... Molokai ...... Molokai. Cenchrus agrimonioides ...... Maui and Kahoolawe ...... Maui and Kahoolawe; Oahu. Cyperus trachysanthos ...... Kauai and Niihau (65 FR 66807) ...... Kauai and Niihau (65 FR 66807); Oahu. Diellia erecta ...... Maui and Kahoolawe ...... Maui and Kahoolawe; Molokai; Hawaii; Oahu. Diplazium molokaiense ...... Maui and Kahoolawe ...... Maui and Kahoolawe Hesperomannia arborescens ...... Maui and Kahoolawe ...... Maui and Kahoolawe; Molokai; Oahu. Isodendrion pyrifolium ...... Hawaii ...... Hawaii. Mariscus faurei ...... Molokai ...... Molokai; Hawaii. Neraudia sericea ...... Maui and Kahoolawe ...... Maui and Kahoolawe; Molokai. Sesbania tomentosa ...... Kauai and Niihau (65 FR 66807) ...... Kauai and Niihau (65 FR 66807); Maui and Kahoolawe; Molokai; Northwest Hawaiian Islands; Hawaii; Oahu. Silene lanceolata ...... Molokai ...... Molokai; Hawaii; Oahu. Solanum incompletum ...... Hawaii ...... Hawaii. Tetramolopium lepidotum ssp. lepidotum ...... Oahu ...... Oahu Zanthoxylum hawaiiense ...... Kauai and Niihau (65 FR 66807) ...... Kauai and Niihau (65 FR 66807); Maui and Kahoolawe; Molokai; Hawaii.
Critical habitat is proposed for Lanaihale, has an elevation of 1,027 were first introduced to the island. designation within 10 units on the meters (m) (3,370 feet (ft)) (Department Native vegetation was soon decimated island of Lanai. The land area within of Geography 1998). The entire ridge is by these non-native ungulates, and these units totals 1,953 hectares (ha) commonly called Lanaihale, after its erosional processes from wind and rain (4,826 acres (ac)). If this proposal is highest point. Annual rainfall on the caused further damage to the native made final, section 7 of the Endangered summit of Lanaihale is 760–1,015 forests (Hobdy 1993). Formal ranching Species Act of 1973, as amended (Act) millimeters (mm) (30–40 inches (in.)), was begun in 1902, and by 1910, the (16 U.S.C. 1531 et seq.) would prohibit but is considerably less, 250–500 mm Territory forester helped to revegetate destruction or adverse modification of (10–20 in.), over much of the rest of the the island. By 1911, a ranch manager critical habitat through any activity island (Department of Geography 1998). from New Zealand, George Munro, funded, authorized, or carried out by Geologically, Lanai is part of the four instituted a forest management practice any Federal agency. Section 4 of the Act island complex comprising Maui, to recover the native forests and bird requires us to consider economic and Molokai, Lanai, and Kahoolawe, known species which included fencing and other impacts of specifying any collectively as Maui Nui (Greater Maui). eradication of sheep and goats from the particular area as critical habitat. During the last Ice Age about 12,000 mountains. By the 1920s, Castle and years ago when sea levels were about The Island of Lanai Cooke had acquired more than 98 160 m (525 ft) less than their present percent of the island and established a level, these four islands were connected Lanai is a small island totaling about 6,500 ha (16,000 ac) pineapple by a broad lowland plain (Department of 360 square kilometers (sq km) (139 plantation surrounding its company Geography 1998). This land bridge square miles (sq mi) in area. Hidden town, Lanai City. In the early 1990s, the allowed the movement and interaction from the trade winds in the lee or rain pineapple plantation closed, and luxury shadow of the more massive West Maui of each island’s flora and fauna and contributed to the present close hotels were developed by the private Mountains, Lanai was formed from a landowner, sustaining the island’s single shield volcano built by eruptions relationships of their biota. economy today. at its summit and along three rift zones. Changes in Lanai’s ecosystem began The principal rift zone runs in a with the arrival of the first Polynesians northwesterly direction and forms a about 1500 years ago. In the 1800s, goats broad ridge whose highest point, (Capra hircus) and sheep (Ovis aries)
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Discussion of the 19 Plant Taxa environmental disturbance could (No Common Name), Ilex anomala destroy the only known existing (aiea), Labordia sp. (kamakahala), Species Endemic to Lanai population. Fire is another potential Melicope sp. (alani), Pneumatopteris sp. Abutilon eremitopetalum threat because the area is dry much of (No common name), and Sadleria sp. Abutilon eremitopetalum is a long- the year (HINHP Database 2000; 56 FR (ama u) (Service 1995; HINHP Database lived shrub in the mallow family 47686; Service 1995). 2000). The threats to Cyanea macrostegia (Malvaceae) with grayish-green, densely Cyanea macrostegia ssp. gibsonii ssp. gibsonii are browsing by deer; hairy, heart-shaped leaves. It is the only Cyanea macrostegia ssp. gibsonii, a competition with the alien plant Abutilon on Lanai whose flowers have long-lived perennial and a member of Hedychium gardnerianum (kahili green petals hidden within the calyx the bellflower family (Campanulaceae), ginger); and the small number of extant (the outside leaflike part of the flower) is a palm-like tree 1 to 7 m (3 to 23 ft) individuals, as the limited gene pool (Bates 1999). tall with elliptic or oblong leaves that may depress reproductive vigor, or any Little is known about the life history have fine hairs covering the lower natural or man-caused environmental of Abutilon eremitopetalum. It surface. The following combination of disturbance could destroy the existing apparently flowers during the wet characters separates this taxon from the populations (HINHP Database 2000; season (e.g. February) (Service 1995). other members of the genus on Lanai: Service 1995; 56 FR 47686). Pollination vectors, seed dispersal calyx lobes are oblong, narrowly oblong, agents, longevity, specific or ovate in shape; and the calyx and Gahnia lanaiensis environmental requirements, and corolla (petals of a flower) both more Gahnia lanaiensis, a short-lived limiting factors are unknown. than 0.5 centimeters (cm) (0.2 in.) wide perennial and a member of the sedge Historically, Abutilon eremitopetalum (Lammers 1999; 56 FR 47686). family (Cyperaceae), is a tall (1.5 to 3 m was found in small, widely scattered Cyanea macrostegia ssp. gibsonii was (5 to 10 ft)), tufted, grass-like plant. This colonies at elevations of between 215 seen flowering in the month of July; sedge may be distinguished from grasses and 305 meters (m) (700 and 1,000 ft) in however, details of its flowering period and other genera of sedges on Lanai by the ahupuaa (geographical areas) of are unknown. Pollination vectors, seed its spirally arranged flowers, its solid Kalulu, Mahana, Maunalei, Mamaki, dispersal agents, longevity of plants and stems, and its numerous, three-ranked and Paawili on the northern, seeds, specific environmental leaves. Gahnia lanaiensis differs from northeastern, and eastern parts of Lanai requirements, and other limiting factors the other members of the genus on the Island (Caum 1933; Hawaii Natural are unknown (Service 1995). island by its achenes (seed-like fruits), Heritage Program (HINHP) Database Cyanea macrostegia ssp. gibsonii which are 0.36 to 0.46 cm (0.14 to 0.18 2000; Service 1995). Currently, about historically is documented from the in.) long and purplish-black when seven individuals are known from a summit of Lanaihale and the upper mature (Koyama 1999). single population in Kahea Gulch on the parts of Mahana, Kaiholena, and July has been described as the ‘‘end of northeastern part of the island Maunalei Valleys of Lanai (Lammers the flowering season’’ for Gahnia (Geographic Decision Systems 1999; 56 FR 47686). There are a total of lanaiensis (Degener et al. 1964). Plants International (GDSI) 2000; HINHP seven populations containing 74 of this species have been observed with Database 2000). individuals (HINHP Database 2000). fruit in October (56 FR 47686). Abutilon eremitopetalum is found in Presently, this taxon is known from Pollination vectors, seed dispersal lowland dry forest. The only known Lanaihale, Kaiholena, between Kunoa agents, longevity of plants and seeds, population is found at an elevation of and Waialala Gulches, Waialala Gulch, specific environmental requirements, 335 m (1,100 ft) on a moderately steep Kunoa Gulch, south of Kahinahina and other limiting factors are unknown. north-facing slope on red sandy soil and Ridge, and at the head of Hauola Gulch Gahnia lanaiensis is known from a rock. Historically, A. eremitopetalum (GDSI 2000; HINHP Database 2000). total of three populations containing 47 has been reported from elevations of The habitat of Cyanea macrostegia individuals along the summit of 210–521 m (690–1,710 ft). Erythrina ssp. gibsonii is lowland wet Lanaihale, in the Haalelepaakai area and sandwicensis (wili wili) and Diospyros Metrosideros polymorpha (ohia) forest on the eastern edge of Hauola Gulch ferrea (lama) are the dominant trees in or Diplopterygium pinnatum (uluhe lau (HINHP Database 2000). The open forest of the area. Other associated nui)—M. polymorpha shrubland populations are found between 915 and native taxa include Canthium odoratum between elevations of 760–970 m 1,030 m (3,000 and 3,380 ft) in elevation (ohee), Dodonaea viscosa (aalii), (2,490–3,180 ft). It has been observed to (GDSI 2000; HINHP Database 2000). Nesoluma polynesicum (keahi), grow on flat to moderate or steep slopes, This distribution encompasses the Rauvolfia sandwicensis (hao), Sida usually on lower gulch slopes or gulch entire known historic range of the fallax (ilima), and Wikstroemia sp. bottoms, often at edges of streambanks, species. (akia) (Service 1995; HINHP Database probably due to vulnerability to The habitat of Gahnia lanaiensis is 2000). ungulate damage at more accessible lowland wet forest (shrubby rainforest The threats to Abutilon locations. Sites are sunny to shady, to open scrubby fog belt or degraded eremitopetalum are habitat degradation mesic to wet with clay or other soil lowland mesic forest), wet and competition by encroaching exotic substrate. Associated vegetation Diplopterygium pinnatum-Dicranopteris plant species such as Lantana camara includes Dicranopteris linearis (uluhe), linearis-Metrosideros polymorpha (lantana), Leucaena leucocephala (koa Perrottetia sandwicensis (olomea), shrubland, or wet Metrosideros haole), and Pluchea carolinensis Scaevola chamissoniana (naupaka polymorpha-Dicranopteris linearis (sourbush); browsing by axis deer (Axis kuahiwi), Pipturus sp. (mamake), shrubland. It occurs on flat to gentle axis); soil erosion caused by feral Antidesma sp. (hame), Freycinetia ridgecrest topography in moist to wet ungulate grazing on grasses and forbs; arborea (ieie), Psychotria sp. (kopiko), clay or other soil substrate in open areas and the small number of extant Cyrtandra sp. (ha iwale), Broussaisia or in moderate shade. Associated individuals, as the limited gene pool arguta (kanawao), Cheirodendron sp. species include native mat ferns, Doodia may depress reproductive vigor, or a (olapa), Clermontia sp. (oha wai), sp. (okupukupu lau ii), Odontosoria single natural or man-caused Dubautia sp. (na ena e), Hedyotis sp. chinensis (pala a), Ilex anomala,
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Hedyotis terminalis (manono), Sadleria chinensis, Sadleria sp., Dubautia sp., with purple veins, and occur singly or sp., Coprosma sp. (pilo), Lycopodium and Myrsine sp. (kolea) (HINHP up to four per upper leaf axil. The fruit sp. (wawae iole), Scaevola sp. Database 2000; 64 FR 48307). is a capsule, about 1.0 to 1.3 cm (0.4 to (naupaka), and Styphelia tameiameiae The primary threats to Hedyotis 0.5 in) long (Wagner et al. 1999). It is (pukiawe) (Service 1995). schlechtendahliana var. remyi are the only member of the genus on Lanai. The primary threat to this species is habitat degradation and destruction by Flowering time, pollination vectors, the small number of plants and their axis deer; competition with alien plant seed dispersal agents, longevity of restricted distribution, which increases taxa such as Psidium cattleianum plants and seeds, specific the potential for extinction from (strawberry guava), Myrica faya environmental requirements, and other naturally occurring events. In addition, (firetree), Leptospermum scoparium, limiting factors are unknown. Gahnia lanaiensis is threatened by the and Schinus terebinthifolius planned development of the island; (christmasberry); and random Viola lanaiensis was known disturbance of the soil or destruction of environmental events or reduced historically from scattered sites on the groundcover plants which would reproductive vigor due to the small summit, ridges, and upper slopes of increase the potential for erosion and number of remaining individuals and Lanaihale (from near the head of open areas to invading non-native populations (HINHP Database 2000; 64 Kaiolena and Hookio Gulches to the plants; and Leptospermum scoparium FR 48307). vicinity of Haalelepaakai, a distance of (manuka), a weedy tree introduced from about 4 km (2.5 mi), at elevations of New Zealand which is spreading along Labordia tinifolia var. lanaiensis approximately 850–975 m (2,790–3,200 Lanaihale, but has not yet reached the Labordia tinifolia var. lanaiensis, a ft). An occurrence of V. lanaiensis was area where Gahnia is found (Service short lived perennial in the logan family known in the late 1970s along the 1995; HINHP Database 2000). (Loganiaceae), is an erect shrub or small summit road near the head of Waialala tree 1.2 to 15 m (4 to 49 ft) tall. The Gulch where a population of Hedyotis schlechtendahliana var. remyi stems branch regularly into two forks of approximately 20 individuals Hedyotis schlechtendahliana var. nearly equal size. This subspecies flourished. That population has since remyi, a short-lived perennial and a differs from the other taxa in this disappeared due to habitat disturbance. member of the coffee family endemic Hawaiian genus by having Five populations are currently known (Rubiaceae), is a few branched subshrub larger capsules and smaller corollas from southern Lanai: in Kunoa Gulch; from 60 to 600 cm (24 to 240 in.) long, (Wagner et al. 1999). Flowering time, between Kunoa and Waialala Gulches; with weakly erect or climbing stems that pollination vectors, seed dispersal in the upper end of the northernmost may be somewhat square, smooth, and agents, longevity of plants and seeds, drainage of Awehi Gulch; in Hauola glaucous (with a fine waxy coating that specific environmental requirements, Gulch, and along Hauola Trail. It is imparts a whitish or bluish hue to the and other limiting factors are unknown. estimated that the populations total less stem). The species is distinguished from Labordia tinifolia var. lanaiensis was than 500 plants (GDSI 2000; HINHP others in the genus by the distance historically known from the entire Database 2000). between leaves and the length of the length of the summit ridge of Lanaihale The habitat of Viola lanaiensis is sprawling or climbing stems, and the (HINHP Database 2000). Currently, L. t. Metrosideros polymorpha-Dicranopteris variety remyi is distinguished from var. lanaiensis is known from only three linearis lowland wet forest or lowland Hedyotis schlechtendahliana var. populations at the southeastern end of mesic shrubland. It has been observed schlechtendahliana by the leaf shape, the summit ridge of Lanaihale (HINHP on moderate to steep slopes from lower presence of narrow flowering stalks, and Database 2000). These populations total gulches to ridgetops, from 670–975 m flower color (Wagner et al. 1999). 300 to 800 scattered individuals (GDSI (2,200–3,200 ft) elevation, with a soil Pollination vectors, seed dispersal 2000). and decomposed rock substrate in open agents, longevity of plants and seeds, The typical habitat of Labordia to shaded areas. It was once observed specific environmental requirements, tinifolia var. lanaiensis is lowland mesic growing from crevices in drier soil on a and other limiting factors are unknown forest associated with the native species mostly open rock area near a recent for Hedyotis schlechtendahliana var. Dicranopteris linearis and Scaevola landslide. Associated vegetation remyi. chamissoniana, at elevations between includes ferns and short windswept Historically, Hedyotis 710 and 1,020 m (2,330 and 3,345 ft) schlechtendahliana var. remyi was shrubs or other diverse mesic (HINHP Database 2000; 64 FR 48307). community members such as Scaevola known from five locations on the Labordia tinifolia var. lanaiensis is chamissoniana, Hedyotis terminalis, northwestern portion of Lanaihale threatened by axis deer and several Hedyotis centranthoides (No common (HINHP Database 2000; Wagner et al. alien plant taxa. The species is also name), Styphelia tameiameiae, Carex 1999; 64 FR 48307). Currently, this threatened by random environmental sp. (No common name), Ilex anomala, species is known from eight individuals factors because of the small number of Psychotria sp., Antidesma sp., in three populations on Kaiholeha- populations (64 FR 48307). Hulupoe Ridge, Kapohaku drainage, and Coprosma sp., Freycinetia arborea, Waiapaa drainage on Lanaihale (GDSI Viola lanaiensis Myrsine sp., Nestegis sp. (olopua), 2000; HINHP Database 2000). Viola lanaiensis, a short-lived Psychotria sp., and Xylosma sp. (maua) Hedyotis schlechtendahliana var. perennial of the violet family (Service 1995; 56 FR 47686). remyi typically grows on or near ridge (Violaceae), is a small, erect, The main threats to Viola lanaiensis crests in mesic windswept shrubland unbranched or little branched subshrub. include browsing and habitat with a mixture of dominant plant taxa The leaves, which are clustered toward disturbance by axis deer; encroaching that may include Metrosideros the upper part of the stem, are lance- alien plant species such as polymorpha, Dicranopteris linearis, or shaped with a pair of narrow, Leptospermum sp. (No common name); Styphelia tameiameiae at elevations membranous stipules (leaf-like depressed reproductive vigor due to a between 732 and 914 m (2,400 to 3,000 appendages arising from the base of a limited local gene pool; the probable ft). Associated plant taxa include leaf) below each leaf axis. The flowers loss of appropriate pollinators; and Dodonaea viscosa, Odontosoria are small, white with purple tinged or slugs (Service 1995; 56 FR 47686).
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Multi-Island Species unbranched arrangement of the flower individuals which make it vulnerable to cluster (56 FR 55770; Wagner et al. extinction from a single natural or Bonamia menziesii 1999). human-caused environmental Bonamia menziesii, a short-lived Centaurium sebaeoides has been disturbance; depressed reproductive perennial and a member of the morning- observed flowering in April. Flowering vigor; and habitat degradation by feral glory family (Convolvulaceae), is a vine may be induced by heavy rainfall. pigs (57 FR 20772; Service 1997). with twining branches that are fuzzy Populations are found in dry areas, and Ctenitis squamigera when young. This species is the only plants are more likely to be found member of the genus that is endemic to following heavy rains (Service 1999). Ctenitis squamigera, a short-lived the Hawaiian Islands and differs from Historically and currently, perennial and a member of the wood other genera in the family by its two Centaurium sebaeoides is known from fern family (Dryopteridaceae) (Wagner styles, longer stems and petioles (a stalk Kauai, Oahu, Molokai, Lanai, and Maui and Wagner 1992). It has a rhizome that supports a leaf), and rounder leaves (Wagner et al. 1999). On Lanai, there is (horizontal stem), creeping above the (Austin 1999). Little is known about the one population containing between 20 ground and densely covered with scales life history of this plant. Reproductive and 30 individual plants in Maunalei similar to those on the lower part of the cycles, longevity, specific Valley (HINHP Database 2000). This leaf stalk. It can be readily distinguished environmental requirements, and species is found on dry ledges around from other Hawaiian species of Ctenitis limiting factors are unknown. 210 m (690 ft) elevation. Associated by the dense covering of tan-colored Historically, Bonamia menziesii was species include Hibiscus brackenridgei scales on its frond (Wagner and Wagner known from Kauai, Oahu, Molokai, (HINHP Database 2000). 1992). Reproductive cycles, longevity, West Maui, and Hawaii (HINHP The major threats to this species on specific environmental requirements Database 2000). Currently, this species Lanai are competition from alien plant and limiting factors are unknown. is known from Kauai, Oahu, Maui, species (HINHP Database 2000). Historically, Ctenitis squamigera was Hawaii, and Lanai. On Lanai, the three recorded from Kauai, Oahu, Molokai, populations, containing a total of 14 Clermontia oblongifolia ssp. mauiensis Maui, Lanai, and the island of Hawaii individual plants, are found in the Clermontia oblongifolia ssp. (HINHP Database 2000). Currently, it is Ahakea and Kanepuu Units of Kanepuu mauiensis, a short-lived perennial and a found on Oahu, Lanai, West Maui, and Preserve, and on Puhielelu Ridge (GDSI member of the bellflower family Molokai (HINHP Database 2000; 59 FR 2000; HINHP Database 2000). (Campanulaceae), a shrub or tree with 49025). There are three populations Bonamia menziesii is found in dry oblong to lance-shaped leaves on leaf totaling 42 individual plants on Lanai in Nestegis sandwicensis-Diospyros sp. stalks (petioles). Clermontia oblongifolia the Waiapaa-Kapohaku area on the (lama) forest and dry Dodonea viscosa is distinguished from other members of leeward side of the island, Lopa Gulch, shrubland at elevations between 150 the genus by its calyx and corolla, and Waiopa Gulch on the windward and 855 m (490 and 2,800 ft) (Austin which are similar in color and are each side (GDSI 2000; HINHP Database 2000). 1999; 59 FR 56333). Associated species fused into a curved tube that falls off as This species is found in the forest include Bobea sp. (ahakea), Nesoluma the flower ages. The species is also understory at elevations of 380 to 917 m polynesicum, Erythrina sandwicensis, distinguished by the leaf shape, the (1,250 to 3,010 ft) in diverse mesic forest Rauvolfia sandwicensis, Metrosideros male floral parts, the shape of the flower and scrubby mixed mesic forest (HINHP polymorpha, Canthium odoratum, buds, and the lengths of the leaf and Database 2000). Associated native plant Dienella sandwicensis (uki uki), flower stalks, the flower, and the taxa include Nestegis sandwicensis, Diospyros sandwicensis (lama), smooth green basal portion of the flower Coprosma sp., Sadleria sp., Selaginella Hedyotis terminalis, Melicope sp. (the hypanthium) (Lammers 1988, 1999; sp. (lepelepe a moa), Carex meyenii (No (alani), Myoporum sandwicense (naio), 57 FR 20772). Clermontia oblongifolia common name), Blechnum occidentale Nestegis sandwicense, Pisonia sp. ssp. mauiensis is reported from Maui (No common name), Pipturus sp., (papalakepau), Pittosporum sp. (hoawa), and Lanai, while C. o. ssp. oblongifolia Melicope sp., Pneumatopteris Pouteria sandwicensis (alaa), and is only known from Oahu, and C. o. ssp. sandwicensis (No common name), Sapindus oahuensis (lonomea) (HINHP brevipes is only known from Molokai. Pittosporum sp., Alyxia oliviformis Database 2000; 59 FR 56333). Clermontia oblongifolia ssp. (maile), Freycinetia arborea, Antidesma The primary threats to this species on mauiensis is known to flower from sp., Cyrtandra sp., Peperomia sp. (ala Lanai are habitat degradation and November to July (Rock 1919). Little is ala wai nui), Myrsine sp., Psychotria sp., possible predation by feral pigs (Sus known regarding pollination vectors, Metrosideros polymorpha, Syzygium scrofa), goats, axis deer, black-tailed seed dispersal, or other factors. sandwicensis (ohia ha), Wikstroemia sp., deer (Odocoileus hemionus Historically and currently, Clermontia Microlepia sp. (No common name), columbianus), and cattle (Bos taurus); oblongifolia ssp. mauiensis is known Doodia sp., Boehmeria grandis (akolea), competition with a variety of alien plant from Lanai and Maui (Lammers 1999; 57 Nephrolepis sp. (kupukupu), Perrotettia species such as Lantana camara, FR 20772). On Lanai, an unknown sandwicensis, and Xylosma sp. (HINHP Leucaena leucocephala and Schinus number of individuals are reported from 2000, 59 FR 49025). terebinthifolius; and an alien beetle Kaiholena Gulch (HINHP Database The primary threats to this species on (Physomerus grossipes) (Service 1999; 2000). Lanai are habitat degradation by feral 59 FR 56333). This plant typically grows on the pigs, goats, and axis deer; competition sides of ridges in Metrosideros with alien plant taxa, especially Centaurium sebaeoides polymorpha dominated lowland wet Psidium cattleianum and Schinus Centaurium sebaeoides, a member of forest at elevations between 800–900 m terebinthifolius; fire; decreased the gentian family (Gentianaceae), is an (2,625–2,950 ft). Associated native reproductive vigor and extinction from annual herb with fleshy leaves and species include Coprosma sp., naturally occurring events due to the stalkless flowers. This species is Clermontia sp., Hedyotis sp., and small number of existing populations distinguished from Centaurium Melicope sp. (HINHP Database 2000). and individuals (Service 1998; Culliney erythraea, which is naturalized in The threats to this species on Lanai 1988; HINHP Database 2000; 59 FR Hawaii, by its fleshy leaves and the are the small number of populations and 49025).
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Cyanea grimesiana ssp. grimesiana that a specific pollinator may be requirements, and limiting factors are Cyanea grimesiana ssp. grimesiana, a necessary for successful pollination. unknown (Service 1996a). Hedyotis mannii was once widely short-lived perennial and a member of Seed dispersal may be via birds which scattered on Lanai, West Maui, and the bellflower family (Campanulaceae), eat the fruits (Service 1995). Flowering Molokai (HINHP Database 2000). After a is a shrub with pinnately divided time, longevity of plants and seeds, hiatus of 50 years, this species was leaves. This species is distinguished specific environmental requirements, rediscovered in 1987 by Steve Perlman from others in this endemic Hawaiian and other limiting factors are unknown. Historically and currently, Cyrtandra on Molokai (HINHP Database 2000; genus by the pinnately lobed leaf munroi is known from Lanai and Maui Service 1996a). In addition, two margins and the width of the leaf (HINHP Database 2000; Wagner et al. populations, now numbering between blades. This subspecies is distinguished 1999). Currently, on Lanai there are a 35 and 40 individual plants, were from the other two subspecies by the total of two populations containing 17 discovered on Lanai in 1991 in shape and size of the calyx lobes which individuals in the Kapohaku/Waiapaa Maunalei and Hauola gulches (GDSI overlap at the base (Lammers 1999). area, and the gulch between Kunoa and 2000; HINHP Database 2000; Service Little is known about the life history Waialala gulches (GDSI 2000; HINHP 1996a). of this plant. On Molokai, flowering Database 2000). Hedyotis mannii typically grows on plants have been reported in July and The habitat of this species is diverse dark, narrow, rocky gulch walls and on August. Reproductive cycles, longevity, mesic forest, wet Metrosideros steep stream banks in wet forests at 150 specific environmental requirements, polymorpha forest, and mixed mesic M. to 1,050 m (490 to 3,450 ft) in elevation and limiting factors are unknown. polymorpha forest, typically on rich, (HINHP Database 2000; Service 1996a). Historically and currently, Cyanea moist to wet, moderately steep talus Associated plant species include grimesiana ssp. grimesiana is known slopes from 300 to 920 m (980–3,020 ft). Sadleria sp., Selaginella sp., Broussaisia from Oahu, Molokai, Lanai, and Maui It occurs on soil and rock substrates on arguta, Labordia sp., Cyrtandra sp., (61 FR 53108; Service 1999). Currently, slopes from watercourses in gulch Scaevola sp., Freycinetia arborea, on Lanai there are two populations with bottoms and up the sides of gulch slopes Blechnum occidentale, Pipturis sp., at least three individuals in Kaiholena to near ridgetops. Associated native Carex meyenii, Pneumatopteris Gulch and Waiakeakua Gulch (HINHP species include, Diplopterygium sandwicensis, Cibotium sp. (hapuu), Database 2000). pinnatum, Diospyros sp., Hedyotis Cyanea sp. (haha), and Psychotria sp. This species is typically found in acuminata (au), Clermontia sp., Alyxia (HINHP Database 2000). mesic forest often dominated by oliviformis, Bobea sp., Coprosma sp., The limited number of individuals of Metrosideros polymorpha or M. Dicranopteris linearis, Freycinetia Hedyotis mannii makes it extremely polymorpha and Acacia koa (koa), or on arborea, Melicope sp., Myrsine sp., vulnerable to extinction from random rocky or steep slopes of stream banks, at Perrottetia sandwicensis, Pipturus sp., environmental events. Feral pigs and elevations between 350 and 945 m Pittosporum sp., Pleomele sp. (hala alien plants such as Melinis minutiflora, (1,150 and 3,100 ft). Associated plants pepe), Pouteria sandwicensis, Psidium cattleianum, and Rubus include Antidesma sp., Bobea sp., Psychotria sp., Sadleria sp., Scaevola rosifolius degrade the habitat of this Myrsine sp., Nestegis sandwicensis, sp., Xylosma sp., and other Cyrtandra species and contribute to its Psychotria sp., and Xylosma sp. (61 FR spp. (HINHP Database 2000; Service vulnerability (57 FR 46325). 53108; Service 1999). 1995). The threats to this species on Lanai The threats to this species on Lanai Hibiscus brackenridgei are habitat degradation and/or are browsing and habitat disturbance by Hibiscus brackenridgei, a short-lived destruction caused by feral axis deer, axis deer; competition with the alien perennial and a member of the mallow goats, and pigs; competition with plant species Psidium cattleianum, family (Malvaceae), is a sprawling to various alien plants; randomly naturally Myrica faya, Leptospermum scoparium, erect shrub or small tree. This species occurring events causing extinction due Pluchea symphytifolia (sourbush), differs from other members of the genus to the small number of existing Melinis minutiflora (molasses grass), in having the following combination of individuals; fire; landslides; rats (Rattus Rubus rosifolius (thimbleberry), and characteristics: Yellow petals, a calyx rattus); and various slugs (59 FR 53108; Paspalum conjugatum (Hilo grass); a consisting of triangular lobes with Service 1999). very small number of extant individuals raised veins and a single midrib, bracts attached below the calyx, and thin Cyrtandra munroi which can cause depressed reproductive vigor; and loss of appropriate stipules that fall off, leaving an elliptic Cyrtandra munroi, a short-lived pollinators (Service 1995; 57 FR 20772). scar. Two subspecies are currently perennial and a member of the African recognized, H. brackenridgei ssp. violet family (Gesneriaceae). It is a Hedyotis mannii brackenridgei and H. brackenridgei ssp. shrub with opposite, elliptic to almost Hedyotis mannii, a short-lived mokuleianus (Bates 1999). circular leaves which are sparsely to perennial and a member of the coffee Hibiscus brackenridgei is known to moderately hairy on the upper surface family (Rubiaceae). It is a perennial flower continuously from early February and covered with velvety, rust-colored plant with smooth, usually erect stems through late May, and intermittently at hairs underneath. This species is 30 to 60 cm (1 to 2 ft) long which are other times of year. Intermittent distinguished from other species of the woody at the base and four-angled or flowering may possibly be tied to day genus by the broad opposite leaves, the -winged. This species’ growth habit; its length (Service 1999). Little else is length of the flower cluster stalks, the quadrangular or winged stems; the known about the life history of this size of the flowers, and the amount of shape, size, and texture of its leaves; plant. Pollination biology, longevity, hair on various parts of the plant and its dry capsule which opens when specific environmental requirements, (Wagner et al. 1999). mature separate it from other species of and limiting factors are unknown. Some work has been done on the the genus (Wagner et al. 1999). Historically, Hibiscus brackenridgei reproductive biology of some species of Little is known about the life history was known from Kauai, Oahu, Lanai, Cyrtandra (Service 1995), but not on C. of this plant. Reproductive cycles, Maui, Molokai, and Hawaii (HINHP munroi specifically. Studies indicate longevity, specific environmental Database 2000; Service 1999). Hibiscus
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Tetramolopium remyi higher water availability implies that, leaflets which vary in shape from round Tetramolopium remyi, a short-lived although these plants are drought- to linear, and are sparsely or moderately perennial member of the sunflower tolerant, perhaps the dry conditions in covered with coarse hairs. Flowers, in family (Asteraceae), is a much branched, which they currently exist are not clusters of one to four, have thin, decumbent (reclining, with the end optimum. Individual plants are translucent, pale yellow or greenish ascending) or occasionally erect shrub probably not long-lived (Lowrey 1986). yellow petals. The two lowermost petals up to about 38 cm (15 in.) tall. Its leaves Pollination is hypothesized to be are fused and appear distinctly beaked. are firm, very narrow, and with the possibly by butterflies, bees, or flies. The sparsely hairy calyx has edges rolled inward when the leaf is Seed dispersal agents, environmental asymmetrical lobes. The fruits are long mature. There is a single flower head requirements, and other limiting factors slender pods that may or may not be per branch. The heads are each are unknown (Lowrey 1986; Service slightly inflated and contain 7 to 15 gray comprised of 70 to 100 yellow disk and 1995). to black seeds. This species differs from 150 to 250 white ray florets. The stems, Historically, the species was known others in the genus by its thin yellowish leaves, flower bracts, and fruit are from the Lahaina area of West Maui and petals, sparsely hairy calyx, and thin covered with sticky hairs. Lanai. Currently, Tetramolopium remyi pods which may or may not be slightly Tetramolopium remyi has the largest is only known from two populations on inflated (Geesink et al. 1999). flower heads in the genus. Two other Lanai: one near Awalua Road and the Additional information on the life species of the genus are known other near Awehi Road, with a total of history of this plant, reproductive historically from Lanai, but both have approximately 26 plants (GDSI 2000; cycles, longevity, specific purplish rather than yellow disk florets HINHP Database 2000). environmental requirements, and and from 4 to 60 rather than 1 flower Tetramolopium remyi is found in red limiting factors are generally unknown head per branch (Lowrey 1999). sandy loam soil in dry Dodonea viscosa- (Service 1999). Heteropogon contortus communities at Tetramolopium remyi flowers Historically, Vigna o-wahuensis was an elevation of about 230 m (755 ft). between April and January (Lowrey known from Niihau, Oahu, and Maui Commonly associated native species 1986). Field observations suggest that (HINHP Database 2000). Currently, V. o- include Bidens mauiensis, Waltheria the population size of the species can be wahuensis is known from the islands of profoundly affected by variability in indica (uha loa), Wikstroemia oahuensis Molokai, Maui, Lanai, Kahoolawe, and annual precipitation; the adult plants (akia), and Lipochaeta lavarum (HINHP Hawaii. There are no currently known may succumb to prolonged drought, but Database 2000). populations on Niihau or Oahu (HINHP apparently there is a seedbank in the Browsing by deer and mouflon sheep Database 2000). On Lanai, it is known soil that can replenish the population and competition from invading weedy from a 1986 collection made on the during favorable conditions (Lowrey species, primarily Andropogon viginicus ‘‘windward slopes of Kanepuu’’ (GDSI 1986; Service 1995). Such seed banks (broomsedge) and Panicum maximum 2000; HINHP Database 2000; Joel Lau, are of great importance for arid-dwelling (guinea grass), are the main threats to HINHP, in litt. 2000). plants to allow populations to persist the species on Lanai. The plants are tiny through adverse conditions. The aridity and can easily be displaced and While typically reported from dry of the area, possibly coupled with eliminated by invading exotic species. grassland and shrubland on Kahoolawe, human-induced changes in the habitat Fire is also a potential threat (Service Molokai, and Hawaii, the plant and subsequent lack of availability of 1995; 56 FR 47686). community and associated species, suitable sites for seedling establishment, elevation, and threats are unknown on may be a factor limiting population Vigna o-wahuensis Lanai (HINHP Database 2000; J. Lau, growth and/or expansion. Requirements Vigna o-wahuensis, a member of the HINHP, in litt. 2000; 59 FR 56333). of this taxon in these areas are not legume family (Fabaceae), is a slender A summary of populations and known, but success in greenhouse twining perennial herb with fuzzy landownership for these 19 plant cultivation of these plants with much stems. Each leaf is made up of three species on Lanai is given in Table 3.
TABLE 3.ÐSUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 19 SPECIES ON LANAI
Number of Landownership Species current populations Federal State Private
Abutilon eremitopetalum ...... 1 ...... X Bonamia menziesii ...... 3 ...... X Centaurium sebaeoides ...... 1 ...... X Clermontia oblongifolia ssp. mauiensis ...... 1 ...... X Ctenitis squamigera ...... 3 ...... X Cyanea grimesiana ssp. grimesiana ...... 2 ...... X Cyanea macrostegia ssp. gibsonii ...... 7 ...... X Cyrtandra munroi ...... 2 ...... X Gahnia lanaiensis ...... 3 ...... X Hedyotis mannii ...... 2 ...... X Hedyotis schlechtendahliana var. remyi ...... 3 ...... X Hibiscus brackenridgei ...... 3 ...... X Labordia tinifolia var. lanaiensis ...... 3 ...... X Melicope munroi ...... 4 ...... X Portulaca sclerocarpa ...... 1 ...... X Spermolepis hawaiiensis ...... 3 ...... X Tetramolopium remyi ...... 2 ...... X Vigna o-wahuensis ...... 1 ...... X
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TABLE 3.ÐSUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 19 SPECIES ON LANAIÐContinued
Number of Landownership Species current populations Federal State Private
Viola lanaiensis ...... 5 ...... X
Previous Federal Action 17909). In 1978, amendments to the Act provided through the section 7 required that all proposals over 2 years consultation requirement of the Act, the Federal action on these plants began old be withdrawn, and a 1-year grace court ruled that we failed to consider as a result of section 12 of the Act, period was given to proposals already the specific effect of the consultation which directed the Secretary of the over 2 years old. On December 10, 1979, requirement on each species (Id. at Smithsonian Institution to prepare a we published a notice in the Federal 1286–88). In addition, the court stated report on plants considered to be Register (44 FR 70796) withdrawing the that we did not consider benefits endangered, threatened, or extinct in the portion of the June 16, 1976, proposal outside of the consultation United States. This report, designated as that had not been made final, along with requirements. In the court’s view, these House Document No. 94–51, was four other proposals that had expired. potential benefits include substantive presented to Congress on January 9, We published updated notices of review and procedural protections. The court 1975. In that document, Bonamia for plants on December 15, 1980 (45 FR held that substantively, designation menziesii, Gahnia lanaiensis, Hedyotis 82479), September 27, 1985 (50 FR establishes a ‘‘uniform protection plan’’ mannii (as Hedyotis thyrsoidea var. 39525), February 21, 1990 (55 FR 6183), prior to consultation and indicates thyrsoidea), Hibiscus brackenridgei (as September 30, 1993 (58 FR 51144), where compliance with section 7 of the Hibiscus brackenridgei var. February 28, 1996 (61 FR 7596), and Act is required. Procedurally, the court brackenridgei, var. mokuleianus, and September 19, 1997 (62 FR 49398). A stated that the designation of critical var. ‘‘from Hawaii’’), Portulaca summary of the status categories for habitat educates the public and State sclerocarpa, Solanum incompletum (as these Lanai plant species in the 1980– and local governments and affords them Solanum haleakalense and Solanum 1997 notices of review can be found in an opportunity to participate in the incompletum var. glabratum, var. Table 4(a). designation (Id. at 1288). The court also incompletum, and var. mauiensis), The 20 plants at issue in this stated that private lands may not be Vigna o-wahuensis (as Vigna proposed rule were listed as endangered excluded from critical habitat sandwicensis var. heterophylla and var. species under the Act between 1991 and designation even though section 7 sandwicensis), and Viola lanaiensis 1999. A summary of the listing actions requirements apply only to Federal were considered endangered; Cyrtandra can be found in Table 4(b). At the time agencies. In addition to the potential munroi and Labordia tinifolia var. 17 of these plants were listed, we benefit of informing the public and State lanaiensis were considered threatened; determined that designation of critical and local governments of the listing and and, Abutilon eremitopetalum, Ctenitis habitat was not prudent because of the areas that are essential to the squamigera, Cyanea macrostegia ssp. designation would increase the degree species’ conservation, the court found gibsonii, Melicope munroi (as Pelea of threat to the species and/or would not that there may be Federal activity on the munroi), and Tetramolopium remyi benefit the plant. These not prudent private property in the future, even were considered to be extinct. determinations, along with 229 others, though no such activity may be On July 1, 1975, we published a were challenged in Conservation occurring there at the present (Id. at notice in the Federal Register (40 FR Council for Hawaii v. Babbitt 2 F. Supp. 1285–88). On August 10, 1998, the court 27823) of our acceptance of the 2d 1280 (D. Haw.1998). On March 9, ordered us to publish proposed critical Smithsonian report as a petition within 1998, the United States District Court habitat designations or non-designations the context of section 4(c)(2) (now for the District of Hawaii directed us to for at least 100 species by November 30, section 4(b)(3)) of the Act, and giving review the prudency determinations for 2000, and to publish proposed notice of our intention to review the 245 listed plant species in Hawaii, designations or non-designations for the status of the plant taxa named therein. including these species (2 F. Supp. 2d remaining 145 species by April 30, As a result of that review, on June 16, 1280 (D. Haw. 1998)). Among other 2002. 1976, we published a proposed rule in things, the court held that in most cases At the time we listed Hedyotis the Federal Register (41 FR 24523) to we did not sufficiently demonstrate that schlechtendahliana var. remyi, Labordia determine endangered status pursuant the species are threatened by human tinifolia var. lanaiensis, and Melicope to section 4 of the Act for approximately activity or that such threats would munroi (64 FR 48307), we determined 1,700 vascular plant taxa, including all increase with the designation of critical that designation of critical habitat was of the above taxa except Cyrtandra habitat. The court also held that we prudent and that we would develop munroi, Labordia tinifolia var. failed to balance any risks of designating critical habitat designations for these lanaiensis, and Melicope munroi. The critical habitat against any benefits (Id. three taxa, along with seven others from list of 1,700 plant taxa was assembled at 1283–1285). For example, the court Maui, Molokai, Lanai, or Kahoolawe on the basis of comments and data suggested that, before concluding (the Maui Nui species), at the same time received by the Smithsonian Institution critical habitat would not be prudent, we developed the designations for the and the Service in response to House we should consider whether designation 245 Hawaiian plant species. In Document No. 94–51 and the July 1, might prevent an inadvertent act of Conservation Council for Hawaii v. 1975, Federal Register publication. destruction by educating the public. Babbitt, CIV No. 99—000283 HG (D. General comments received in Regarding our determination that Haw. August 19, 1999, February 16, response to the 1976 proposal are designating critical habitat would have 2000, and March 28, 2000), the court summarized in an April 26, 1978, no additional benefits to the species ordered us to publish proposed critical Federal Register publication (43 FR above and beyond those already habitat designations for these 10 Maui
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Nui species by November 30, 2000, and expected to increase the degree of threat they believed may lead to designation to publish final critical habitat to the species, or (2) such designation of based on guesswork. The respondents designations by November 30, 2001. critical habitat would not be beneficial who supported the designation of This notice and proposed rule responds to the species. At the time each plant critical habitat cited that designation to the court’s orders. was listed, we determined that will—(1) provide a uniform protection To comply with the court orders, designation of critical habitat was plan for the Hawaiian Islands; (2) between now and April 30, 2002, we prudent for three of these plants promote funding for management of plan to publish seven notices of (Hedyotis schlechtendahliana var. these plants; (3) educate the public and determinations of whether critical remyi, Labordia tinifolia ssp. lanaiensis, State government; and (4) protect habitat is prudent, along with proposed and Melicope munroi) and not prudent partnerships with landowners and build rules as appropriate, in the following for the other plants because it would not trust. groupings: Kauai and Niihau; Maui and benefit the plant and/or would increase In early February, 2000, we hand- Kahoolawe; Lanai; Molokai; Northwest the degree of threat to the species. delivered a letter to representatives of Hawaiian Islands; Hawaii; and Oahu. On November 30, 1998, we published the private landowner on Lanai Each notice will contain proposed a notice in the Federal Register requesting any information considered prudency determinations for species requesting public comments on our germane to the management of any of occurring on that island for which reevaluation of whether designation of the 245 plants on the island, and prudency determinations have not critical habitat is prudent for the 245 containing a copy of the November 30, previously been proposed. Each Hawaiian plants at issue (63 FR 65805). 1998, Federal Register notice, a map proposed rule will also contain The comment period closed on March 1, showing the general locations of the proposed designations or non- 1999, and was reopened from March 24, plants on Lanai, and a handout designations of critical habitat for each 1999, to May 24, 1999 (64 FR 14209). containing general information on plant species known to occur from that We received over 100 responses from critical habitat. On April 4, 2000, we island. Thus, a species that occurs on individuals, non-profit organizations, met with representatives of the multiple islands may have critical the State of Hawaii’s Division of landowner to discuss their current land habitat proposed in multiple rules. Forestry and Wildlife, county management activities. In addition, we The proposed prudency governments, and Federal agencies (U.S. met with Maui County DOFAW staff determinations and proposed rules for Department of Defense—Army, Navy, and discussed their management Kauai and Niihau were published in the Air Force). Only a few responses offered activities on Lanai. Federal Register on November 7, 2000 information on the status of individual On November 7, 2000, we published (65 FR 66807). Proposals for Maui and plant species or on current management the first of the court-ordered prudency Kahoolawe are being published actions for one or more of the 245 determinations and proposed critical concurrently with this rule. Hawaiian plants. While many of the habitat designations or non-designations Section 4(a)(3) of the Act, as respondents expressed support for the for Kauai and Niihau plants (65 FR amended, and implementing regulations designation of critical habitat for 245 66807). Proposals for Maui and (50 CFR 424.12) require that, to the Hawaiian plants, more than 80 percent Kahoolawe plants are being published maximum extent prudent and opposed the designation of critical concurrently with this proposal. We determinable, the Secretary designate habitat for these plants. In general, these proposed that critical habitat was critical habitat at the time the species is respondents opposed designation prudent for nine species (Bonamia determined to be endangered or because they believed it will cause menziesii, Centarium sebaeoides, threatened. Our regulations (50 CFR economic hardship, chill cooperative Clermontia oblongifolia ssp. mauiensis, 424.12(a)(1)) state that designation of projects, polarize relationships with Ctenitis squamigera, Cyanea grimesiana critical habitat is not prudent when one hunters, or potentially increase trespass ssp. grimesiana, Cyrtandra munroi, or both of the following situations exist: or vandalism on private lands. In Hibiscus brackenridgei, Spermolepis (1) The species is threatened by taking addition, commenters also cited a lack hawaiiensis, and Vigna o-wahuensis) or other human activity, and of information on the biological and from Lanai that also occur on Kauai, identification of critical habitat can be ecological needs of these plants which Niihau, Maui, and/or Kahoolawe.
TABLE 4(A).ÐSUMMARY OF CANDIDACY STATUS FOR PLANT SPECIES FROM LANAI
Federal Register Notice of Review Species 12/15/80 9/27/85 2/20/90 9/30/93 2/28/96
Abutilon eremitopetalum ...... C1 C1 C1 Bonamia menziesii ...... C1 C1 C1 Centaurium sebaeoides ...... C1 Clermontia oblongifolia ssp. mauiensis ...... C1 Ctenitis squamigera ...... C1* C1* C1* Cyanea grimesiana ssp.grimesiana ...... C1 C1 C2 Cyanea macrostegia ssp. gibsonii ...... C1 C1 C1 Cyrtandra munroi ...... C2 C2 C1 Gahnia lanaiensis ...... C1 C1 C1 Hedyotis mannii ...... C1* C1* C1 Hedyotis schlechtendahliana var. remyi ...... C2 C2 C Hibiscus brackenridgei ...... C1 C1 C1 Labordia tinifolia var. lanaiensis ...... C2 C2 3C 3C Melicope munroi ...... C1* C1* C2 C2 C Phyllostegia glabra var. lanaiensis ...... C1 C1 C1 Portulaca sclerocarpa ...... C1 C1 C1 Spermolepis hawaiiensis ...... C1
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TABLE 4(A).ÐSUMMARY OF CANDIDACY STATUS FOR PLANT SPECIES FROM LANAIÐContinued
Federal Register Notice of Review Species 12/15/80 9/27/85 2/20/90 9/30/93 2/28/96
Tetramolopium remyi ...... C1 C1 C1 Vigna o-wahuensis ...... C1 C1 C1 Viola lanaiensis ...... C1 C1 C1 Key: C: Taxa for which the Service has on file sufficient information on the biological vulnerability and threat(s) to support proposals to list them as endangered or threatened species. (The 1996 Notice of Review discontinued the use of different categories of candidates (as described below; candidates were redefined as species meeting the definition of former C1 species.) C1: Taxa for which the Service has on file enough sufficient information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened species. C1*: Taxa of known vulnerable status in the recent past that may already have become extinct. C2: Taxa for which there is some evidence of vulnerability, but for which there are not enough data to support listing proposals at this time. 3A: Taxa for which the Service has persuasive evidence of extinction. If rediscovered, such taxa might acquire high priority for listing. Federal Register Notices of Review 1980: 45 FR 82479 1985: 50 FR 39525 1990: 55 FR 6183 1993: 58 FR 51144 1996: 61 FR 7596
TABLE 4(B).ÐSUMMARY OF LISTING ACTIONS FOR PLANT SPECIES FROM LANAI
Proposed rule Final rule Federal Species status Federal Federal Date Register Date Register
Abutilon eremitopetalum ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Bonamia menziesii ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Centaurium sebaeoides ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Clermontia oblongifolia ssp. mauiensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Ctenitis squamigera ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Cyanea grimesiana ssp. grimesiana ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Cyanea macrostegia ssp. gibsonii ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Cyrtandra munroi ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Gahnia lanaiensis ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Hedyotis mannii ...... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325 Hedyotis schlechtendahliana var. remyi ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Hibiscus brackenridgei ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Labordia tinifolia var. lanaiensis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Melicope munroi ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Phyllostegia glabra var. lanaiensis ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Portulaca sclerocarpa ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Spermolepis hawaiiensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Tetramolopium remyi ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Vigna o-wahuensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Viola lanaiensis ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686
Critical Habitat necessary to bring an endangered or a indirect alteration that appreciably threatened species to the point at which diminishes the value of critical habitat Critical habitat is defined in section 3 listing under the Act is no longer for both the survival and recovery of a of the Act as—(i) the specific areas necessary. listed species. Such alterations include, within the geographic area occupied by but are not limited to, alterations a species, at the time it is listed in Critical habitat receives protection adversely modifying any of those accordance with the Act, on which are under section 7 of the Act through the physical or biological features that were found those physical or biological prohibition against destruction or the basis for determining the habitat to features (I) essential to the conservation adverse modification of critical habitat of the species and (II) that may require with regard to actions carried out, be critical.’’ Aside from the added special management considerations or funded, or authorized by a Federal protection that may be provided under protection; and (ii) specific areas agency. Section 7 also requires section 7, the Act does not provide other outside the geographic area occupied by conferences on Federal actions that are forms of protection to lands designated a species at the time it is listed, upon likely to result in the destruction or as critical habitat. Because consultation a determination that such areas are adverse modification of critical habitat. under section 7 of the Act does not essential for the conservation of the In our regulations at 50 CFR 402.02, we apply to activities on private or other species. ‘‘Conservation’’ means the use define destruction or adverse non-Federal lands that do not involve a of all methods and procedures that are modification as ‘‘* * * the direct or Federal nexus, critical habitat
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All currently occupied sites management plans or agreements, we containing one or more of the primary considered the following: constituent elements considered (1) The factors that led to the listing essential to the conservation of these 18 of the species, as described in the final plant species were examined to rules for listing each of the species. For determine if additional special all or nearly all endangered and management considerations or threatened plants in Hawaii, the major protection are required above those threats include adverse impacts due to currently provided. We reviewed all non-native plant and animal species. available management information on Direct browsing, digging, and trampling these plants at these sites including by ungulates, including pigs, goats, published reports and surveys; annual cattle, sheep, and deer, and direct performance reports; forestry competition from non-native plants management plans; grants; memoranda have led to the decline of Hawaii’s of understanding and cooperative native flora (Cuddihy and Stone 1990; agreements; State of Hawaii, Division of Loope 1998; Scott et al. 1986; Smith Forestry and Wildlife (DOFAW) 1985; Stone 1985; Service 1995, 1996a, planning documents; internal letters 1996b, 1997, 1998, 1999; Vitousek 1992; and memos; biological assessments and Wagner et al. 1985). Ungulate activity in environmental impact statements; and, most areas results in an increase of non- section 7 consultations. Additionally, native plants because most of these non- we contacted the major private native plants are able to colonize newly landowner on Lanai by mail and we met disturbed areas more quickly and with the landowner’s representatives in effectively than Hawaii’s native plants April 2000 to discuss their current (Cuddihy and Stone 1990; Mack 1992; management for the plants on their Scott et al. 1986; Smith 1985; Tunison lands. We also met with Maui County et al. 1992; Service 1995, 1996a, 1996b, DOFAW office staff to discuss 1997, 1998, 1999). management activities they are (2) The recommendations from the conducting on Lanai. HPPRCC in their 1998 report (‘‘Habitat Pursuant to the definition of critical Essential to the Recovery of Hawaiian habitat in section 3 of the Act, any area Plants’’). As summarized in this report, so designated must also require ‘‘special recovery goals for endangered Hawaiian managment considerations or plant species cannot be achieved with protections.’’ Adequate special ungulates (e.g., pigs, goats, deer, and management or protection is provided sheep) present in Essential Habitat by a legally operative plan that Areas. addresses the maintenance and (3) The management actions needed improvement of the essential elements for assurance of survival and ultimate and provides for the long-term recovery of Hawaii’s endangered plants. conservation of the species. The Service These actions are described in our considers a plan adequate when it meets recovery plans for 15 of the 18 species all of the following three criteria: (1) (Service 1995, 1996a, 1996b, 1997, 1998, The plan provides a conservation 1999), in the HPPRCC (1998) report, and benefit to the species (i.e., the plan must in various other documents and maintain or provide for an increase in publications relating to plant the species’ population or the conservation in Hawaii (Cuddihy and enhancement or restoration of its habitat Stone 1990; Mueller-Dombois 1985; within the area covered by the plan; (2) Smith 1985; Stone 1985; Stone et al. the plan provides assurances that the 1992). These actions include, but are not management plan will be implemented limited to, the following: (1) Feral (i.e., those responsible for implementing ungulate control; (2) non-native plant the plan are capable of accomplishing control; (3) rodent control; (4) the objectives, have an implementation invertebrate pest control; (5) fire control; schedule and/or have adequate funding (6) maintenance of genetic material of to implement the management plan); the endangered and threatened plant and, (3) the plan provides assurances species; (7) propagation, reintroduction, the conservation plan will be effective and/or augmentation of existing (i.e., it identifies biological goals, has populations into areas deemed essential provisions for reporting progress, and is for the recovery of these species; (8) on- of a duration sufficient to implement the going management of the wild, plan and achieve the plan’s goals and outplanted, and augmented populations; objectives). If an area is covered by a (9) habitat management and restoration plan that meets these criteria, it does not in areas deemed essential for the constitute critical habitat as defined by recovery of these species; and (10) the Act. monitoring of the wild, outplanted, and In determining and weighing the augmented populations. relative significance of the threats that In general, taking all of the above would need to be addressed in recommended management actions into
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TABLE 5.ÐAPPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT, LANAI, MAUI COUNTY, HAWAII
Unit name State Private Federal Total
Lanai A ...... N/A ...... 1,060 ha (2,619 ac) ...... N/A ...... 1,060 ha (2,619 ac) Lanai B ...... N/A ...... 115 ha (284 ac) ...... N/A ...... 115 ha (284 ac) Lanai C ...... N/A ...... 115 ha (284 ac) ...... N/A ...... 115 ha (284 ac) Lanai D ...... N/A ...... 115 ha (284 ac) ...... N/A ...... 115 ha (284 ac) Lanai E ...... N/A ...... 115 ha (284 ac) ...... N/A ...... 115 ha (284 ac) Lanai F ...... N/A ...... 157 ha (389 ac) ...... N/A ...... 157 ha (389 ac) Lanai G ...... N/A ...... 1 ha (2 ac) ...... N/A ...... 1 ha (2 ac) Lanai H ...... N/A ...... 115 ha (285 ac) ...... N/A ...... 115 ha (285 ac) Lanai I ...... N/A ...... 117 ha (289 ac) ...... N/A ...... 117 ha (289 ac) Lanai J ...... N/A ...... 43 ha (106 ac) ...... N/A ...... 43 ha (106 ac) Total ...... N/A ...... 1,953 ha (4,826 ac) ...... N/A ...... 1,953 ha (4,826 ac)
Lanai B Lanai D Lanai F The proposed unit Lanai B provides The proposed unit Lanai D provides The proposed unit Lanai F provides critical habitat for one species: critical habitat for one species: Bonamia critical habitat for two species: Spermolepis hawaiiensis. This unit menziesii. This unit contains a total of Centaurium sebaeoides and Hibiscus contains a total of 115 ha (284 ac). The 115 ha (284 ac). The land contained brackenridgei. This unit contains a total land contained within this unit is within this unit is owned solely by a of 157 ha (389 ac). The land contained owned solely by a private owner. The private owner. The natural feature within this unit is owned solely by a natural features found in this unit are found in this unit is a portion of private owner. The natural features small portions of Kawaiu and Kapoho Puhielelu Ridge. found in this unit are portions of Gulches. Hinuhinu Pali, Naio Gulch, and Lanai E Maunalei Gulch. Lanai C The proposed unit Lanai E provides Lanai G The proposed unit Lanai C provides critical habitat for one species: Abutilon critical habitat for one species: eremitopetalum. This unit contains a The proposed unit Lanai G provides Tetramolopium remyi. This unit total of 115 ha (284 ac). The land critical habitat for one species: contains a total of 115 ha (284 ac). The contained within this unit is owned Portulaca sclerocarpa. This unit land contained within this unit is solely by a private owner. The natural contains a total of 1 ha (2 ac). The land owned solely by a private owner. The features found in this unit are portions contained within this unit is owned natural features found in this unit are of Kehowai Ridge and Kahea Gulch. solely by a private owner. This unit is Mauna o Umi, Kaokai and portions of Poopoo Islet. Awehi Gulch.
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Lanai H of proposed critical habitat. Conference the Federal agency has retained The proposed unit Lanai H provides reports provide conservation discretionary involvement or control critical habitat for one species: recommendations to assist the agency in over the action or such discretionary Tetramolopium remyi. This unit eliminating conflicts that may be caused involvement or control has been contains a total of 115 ha (285 ac). The by the proposed action. The retained or is authorized by law. land contained within this unit is conservation recommendations in a Consequently, some Federal agencies owned solely by a private owner. conference report are advisory. may request reinitiation of consultation We may issue a formal conference or conferencing with us on actions for Lanai I report if requested by a Federal agency. which formal consultation has been The proposed unit Lanai I provides Formal conference reports on proposed completed, if those actions may affect critical habitat for one species: critical habitat contain a biological designated critical habitat or adversely Spermolepis hawaiiensis. This unit opinion that is prepared according to 50 modify or destroy proposed critical contains a total of 117 ha (289 ac). The CFR 402.14, as if critical habitat were habitat. land contained within this unit is designated. We may adopt the formal Section 4(b)(8) of the Act requires us owned solely by a private owner. The conference report as a biological to briefly describe and evaluate in any natural features found in this unit are opinion if the critical habitat is proposed or final regulation that portions of Kaonaohiokala Ridge, Kaa designated, if no significant new designates critical habitat those Gulch, Kamiki Ridge, and Palea Ridge. information or changes in the action activities involving a Federal action that alter the content of the opinion. See 50 may destroy or adversely modify such Lanai J CFR 402.10(d)). habitat or that may be affected by such The proposed unit Lanai J provides If a species is listed or critical habitat designation. Activities that may destroy critical habitat for one species: Hibiscus is designated, section 7(a)(2) requires or adversely modify critical habitat brackenridgei. This unit contains a total Federal agencies to ensure that activities would be those that alter the primary of 43 ha (106 ac). The land contained they authorize, fund, or carry out are not constituent elements to the extent that within this unit is owned solely by a likely to jeopardize the continued the value of critical habitat for both the private owner. The natural feature existence of such a species or to destroy survival and recovery of any one of the found in this unit is Kaena Point. or adversely modify its critical habitat. 18 species is appreciably reduced. We If a Federal action may affect a listed note that such activities may also Effects of Critical Habitat Designation species or its critical habitat, the jeopardize the continued existence of Section 7 Consultation responsible Federal agency must enter the species. into consultation with us. Through this Activities that, when carried out, Section 7(a) of the Act requires consultation, we would advise the funded, or authorized by a Federal Federal agencies, including the Service, agencies whether the permitted actions agency, may directly or indirectly to ensure that actions they fund, would likely jeopardize the continued destroy or adversely modify critical authorize, or carry out do not destroy or existence of the species or adversely habitat include, but are not limited to: adversely modify critical habitat to the modify critical habitat. (1) Overgrazing; maintenance of feral extent that the action appreciably When we issue a biological opinion ungulates; clearing, cutting of native diminishes the value of the critical concluding that a project is likely to live trees and shrubs, whether by habitat for the survival and recovery of result in the destruction or adverse burning or mechanical, chemical, or the species. When multiple units of modification of critical habitat, we also other means (e.g., woodcutting, critical habitat are designated, each unit provide reasonable and prudent bulldozing, construction, road building, may serve as the basis of a jeopardy alternatives to the project, if any are mining, herbicide application, etc.); analysis if protection or different facets identifiable. Reasonable and prudent introducing or enabling the spread of of the species’ life cycle or its alternatives are defined at 50 CFR non-native species; and taking actions distribution are essential to the species 402.02 as alternative actions identified that pose a risk of fire. as a whole for both its survival and during consultation that can be (2) Water diversion or impoundment, recovery. Individuals, organizations, implemented in a manner consistent groundwater pumping, or other activity States, local governments, and other with the intended purpose of the action, that alters water quality or quantity to non-Federal entities are affected by the that are consistent with the scope of the an extent that wet forest or bog designation of critical habitat only if Federal agency’s legal authority and vegetation is significantly affected; and, their actions occur on Federal lands, jurisdiction, that are economically and (3) Recreational activities that require a Federal permit, license, or technologically feasible, and that the appreciably degrade vegetation. other authorization, or involve Federal Director believes would avoid the To properly portray the effects of funding. likelihood of jeopardizing the continued critical habitat designation, we must Under section 7(a) of the Act, Federal existence of listed species or resulting in first compare the section 7 requirements agencies to evaluate their actions with the destruction or adverse modification for actions that may affect critical respect to any species that is proposed of critical habitat. Reasonable and habitat with the requirements for or listed as endangered or threatened prudent alternatives can vary from actions that may affect a listed species. and with respect to its critical habitat, slight project modifications to extensive Section 7 prohibits actions funded, if any is designated or proposed. redesign or relocation of the project. authorized, or carried out by Federal Regulations implementing this Costs associated with implementing a agencies from jeopardizing the interagency cooperation provision of the reasonable and prudent alternative are continued existence of a listed species Act are codified at 50 CFR Part 402. similarly variable. or destroying or adversely modifying the Section 7(a)(4) and regulations at 50 Regulations at 50 CFR 402.16 require listed species’ critical habitat. Actions CFR 402.10 requires Federal agencies to Federal agencies to reinitiate likely to ‘‘jeopardize the continued confer with us on any action that is consultation on previously reviewed existence’’ of a species are those that likely to jeopardize the continued actions under certain circumstances, would appreciably reduce the existence of a proposed species or result including instances where critical likelihood of the species’ survival and in destruction or adverse modification habitat is subsequently designated and recovery. Actions likely to ‘‘destroy or
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TABLE 6.ÐIMPACTS OF CRITICAL HABITAT DESIGNATION FOR 19 PLANTS FROM LANAI
Additional activities potentially af- Categories of activities Activities potentially affected by species listing only fected by critical habitat designa- tion1
Federal Activities Potentially Af- Activities conducted by the Army Corps of Engineers, Department of Activities by these Federal Agen- fected 2. Transportation, Department of Defense, Department of Agriculture, cies in any unoccupied critical Environmental Protection Agency, Federal Emergency Manage- habitat areas. ment Agency, Federal Aviation Administration.
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TABLE 6.ÐIMPACTS OF CRITICAL HABITAT DESIGNATION FOR 19 PLANTS FROM LANAIÐContinued
Additional activities potentially af- Categories of activities Activities potentially affected by species listing only fected by critical habitat designa- tion1
Private or other non-Federal Activi- Activities that require a Federal action (permit, authorization, or fund- Funding, authorization, or permit- ties Potentially Affected 3. ing) and may remove or destroy habitat for these plants by me- ting actions by Federal Agencies chanical, chemical, or other means (e.g., overgrazing, clearing, cut- in any unoccupied critical habitat ting native live trees and shrubs, water diversion, impoundment, areas. groundwater pumping, road building, mining, herbicide application, recreational use etc.) or appreciably decrease habitat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants or animals, fragmentation of habitat). 1 This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by list- ing the species. 2 Activities initiated by a Federal agency. 3 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.
4. Small Business Regulatory significant takings implications. A range planning, rather than waiting for Enforcement Fairness Act (5 U.S.C. takings implication assessment is not case-by-case section 7 consultation to 804(2)) required. As discussed above, the occur. designation of critical habitat affects In the economic analysis, we will 8. Civil Justice Reform determine whether designation of only Federal agency actions. The rule will not increase or decrease the current In accordance with Executive Order critical habitat will cause (a) any effect 12988, the Office of the Solicitor has on the economy of $100 million or restrictions on private property concerning take of these 18 plant determined that the rule does not more, (b) any increases in costs or prices unduly burden the judicial system and for consumers, individual industries, species. Due to current public knowledge of the species protection, the meets the requirements of sections 3(a) Federal, State, or local government and 3(b)(2) of the Order. We propose to agencies, or geographic regions in the existing Section 9 prohibitions both within and outside of the designated designate critical habitat in accordance economic analysis, or (c) any significant with the provisions of the Act. The rule adverse effects on competition, areas, and the fact that critical habitat provides no incremental restrictions in uses standard property descriptions and employment, investment, productivity, identifies the primary constituent innovation, or the ability of U.S.-based areas of occupied critical habitat, we do not anticipate that property values will elements within the designated areas to enterprises to compete with foreign- assist the public in understanding the based enterprises. be affected by the critical habitat designations. Additionally, critical habitat needs of the 18 plant species. 5. Unfunded Mandates Reform Act (2 habitat designation does not preclude 9. Paperwork Reduction Act of 1995 (44 U.S.C. 1501 et seq.) development of habitat conservation U.S.C. 3501 et seq.) In accordance with the Unfunded plans and issuance of incidental take permits. The landowner in areas that are This rule does not contain any Mandates Reform Act (2 U.S.C. 1501 et information collection requirements that seq.): included in the designated critical habitat will continue to have requires OMB approval under the (a) This rule will not ‘‘significantly or Paperwork Reduction Act. uniquely’’ affect small governments. A opportunity to utilize the property in Small Government Agency Plan is not ways consistent with State law and with 10. National Environmental Policy Act required. Small governments will only the continued survival of the plant We have determined that an be affected to the extent that any Federal species. Environmental Assessment and/or an funds, permits or other authorized 7. Federalism Environmental Impact Statement as activities must ensure that their actions defined by the National Environmental will not adversely affect the critical In accordance with Executive Order Policy Act of 1969 need not be prepared habitat. However, as discussed above, 13132, the rule does not have significant in connection with regulations adopted these actions are currently subject to Federalism effects. A Federalism pursuant to section 4(a) of the Act, as equivalent restrictions through the assessment is not required. As discussed amended. We published a notice listing protections of the species, and no above, the designation of critical habitat outlining our reason for this further restrictions are anticipated to in areas currently occupied by the 18 determination in the Federal Register result from critical habitat designation plant species would have little on October 25, 1983 (48 FR 49244). of occupied areas. incremental impact on State and local (b) This rule will not produce a governments and their activities. The References Cited Federal mandate of $100 million or designations may have some benefit to A complete list of all references cited greater in any year, that is, it is not a these governments in that the areas in this proposed rule is available upon ‘‘significant regulatory action’’ under essential to the conservation of these request from the Pacific Islands the Unfunded Mandates Reform Act. species are more clearly defined, and Ecoregion Office (see ADDRESSES The designation of critical habitat the primary constituent elements of the section). imposes no obligations on State or local habitat necessary to the survival of the Authors governments. species are identified. While this definition and identification does not The primary authors of this notice are 6. Takings alter where and what federally Christa Russell, Michelle Stephens, and In accordance with Executive Order sponsored activities may occur, it may Marigold Zoll of the Pacific Islands 12630, this rule does not have assist these local governments in long Field Office (see ADDRESSES section).
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List of Subjects in 50 CFR Part 17 PART 17Ð[AMENDED] Hedyotis mannii, Hedyotis schlechtendahliana var. remyi, Hibiscus Endangered and threatened species, 1. The authority citation for part 17 brackenridgei, Labordia tinifolia var. Exports, Imports, Reporting and continues to read as follows: lanaiensis, Melicope munroi, Portulaca recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. sclerocarpa, Spermolepis hawaiiensis, Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Tetramolopium remyi, and Viola 625, 100 Stat. 3500; unless otherwise noted. Proposed Regulation Promulgation lanaiensis under ‘‘FLOWERING 2. In § 17.12(h) revise the entries for PLANTS’’ and Ctentitis squamigera Accordingly, we propose to amend Abutilon eremitopetalum, Bonamia under ‘‘FERNS AND ALLIES’’ to read as part 17, subchapter B of chapter I, title menziesii, Centaurium sebaeoides, follows: 50 of the Code of Federal Regulations as Clermontia oblongifolia ssp. mauiensis, § 17.12 Endangered and threatened plants. set forth below: Cyanea grimesiana ssp. grimesiana, Cyanea macrostegia ssp. gibsonii, * * * * * Cyrtandra munroi, Gahnia lanaiensis, (h)***
Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
FLOWERING PLANTS
******* Abutilon none ...... U.S.A. (HI) ...... Malvaceae-Mallow .. E 435 17.96(a) NA. eremitopetalum.
******* Bonamia menziesii .. none ...... U.S.A. (HI) ...... Convolvulaceae E 559 17.96(a) NA. Morning glory.
******* Centaurium Awiwi ...... U.S.A. (HI) ...... Gentianaceae-Gen- E 448 17.96(a) NA. sebaeoides. tian.
******* Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae- E 467 17.96(a) NA. oblongifoli Bell flower. ssp.mauiensis.
******* Cyanea grimesiana Haha ...... U.S.A. (HI) ...... Campanulaceae- E 592 17.96(a) NA. ssp. grimesiana. Bell flower.
******* Cyanea macrostegia none ...... U.S.A. (HI) ...... Campanulaceae- E 592 17.96(a) NA. ssp. gibsonii. Bell flower.
******* Cyrtandra munroi ..... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae-Afri- E 467 17.96(a) NA. can violet.
******* Gahnia lanaiensis .... none ...... U.S.A. (HI) ...... Cyperaceae-Sedge E 435 17.96(a) NA.
******* Hedyotis mannii ...... Pilo ...... U.S.A. (HI) ...... Rubiaceae-Coffee ... E 480 17.96(a) NA.
******* Hedyotis Kopa ...... U.S.A. (HI) ...... Rubiaceae-Coffee ... E 441 17.96(a) NA. sclechtendahliana var. remyi.
******* Hibiscus Mao hau hele ...... U.S.A. (HI) ...... Malvaceae-Mallow .. E 559 17.96(a) NA. brackenridgei.
******* Labordia tinifolia, Kamakahala ...... U.S.A. (HI) ...... Mallow E 666 17.96(a) NA. var. lanaiensis. Loganiaceae- Logania.
******* Melicope munroi ...... Alani ...... U.S.A. (HI) ...... Rutaceae-Rue ...... E 666 17.96(a) NA.
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Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
******* Portulaca Poe ...... U.S.A. (HI) ...... Portulacaceae- E 432 17.96(a) NA. sclerocarpa. Purslane.
******* Spermolepis none ...... U.S.A. (HI) ...... Apiaceae-Parsley ... E 559 17.96(a) NA. hawaiiensis.
******* Tetramaloplium none ...... U.S.A. (HI) ...... Asteraceae-Sun- E 435 17.96(a) NA. remyi. flower.
******* Viola lanaiensis ...... none ...... U.S.A. (HI) ...... Violaceae-Violet ...... E 435 17.96(a) NA.
******* FERNS AND ALLIES
******* Ctenitis squamigera Pauoa ...... U.S.A. (HI) ...... Aspleniaceae- E 553 17.96(a) NA. Spleenwort.
*******
3. In § 17.96, as proposed to be critical habitat units designated for each are not included in the critical habitat amended at 65 FR 66865, November 7, of the Hawaiian islands. Existing designation. 2000, add introductory text to paragraph features and structures within proposed * * * * * (a)(1)(i), add paragraph (a)(1)(i)(E), and areas, such as buildings, roads, (E) Lanai. Critical habitat units are revise paragraphs (a)(1)(ii)(A) and aquaducts, telecommunication described below. Coordinates are in (a)(1)(ii)(B) to read as follows: equipment, arboreta and gardens, heiaus UTM Zone 4 with units in meters using (indigenous place of worship, shrine) North American Datum of 1983 § 17.96 Critical habitat-plants. and other man-made features do not (NAD83). The following map shows the (a) * * * contain, and are not likely to develop, general locations of the 10 critical (1) * * * the constituent elements described for habitat units designated on the island of (i) Maps and critical habitat unit each species in paragraphs (a)(1)(ii)(A) Lanai. descriptions. The following sections and (a)(1)(ii)(B) of this section. contain the legal descriptions of the Therefore, these features or structures Note: Map follows:
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Critical Habitat Unit Lanai A: Area Critical Habitat Unit Lanai B: Area Critical Habitat Unit Lanai C: Area consists of the following twelve consists of the following eight boundary consists of the following eight boundary boundary points: 719712, 2305252; points: 723212, 2299127; 723720, points: 725639, 2301587; 726128, 720416, 2305409; 721551, 2303960; 2299036; 723981, 2298623; 723882, 2301511; 726413, 2301098; 726299, 723117, 2303521; 723365, 2302096; 2298115; 723454, 2297882; 722989, 2300566; 725829, 2300338; 725373, 722463, 2301441; 721071, 2302054; 2297982; 722723, 2298390; 722832, 2300490; 725173, 2300870; 725244, 720184, 2302791; 719869, 2303462; 2298832. 2301307. 718237, 2303992; 718088, 2305384; 718717, 2305682. Note: Map follows: Note: Map follows: Note: Map follows:
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Critical Habitat Unit Lanai D: Area Critical Habitat Unit Lanai E: Area Critical Habitat Unit Lanai F: Area consists of the following eight boundary consists of the following eight boundary consists of the following eight boundary points: 724717, 2303155; 725040, points: 724403, 2304342; 724854, points: 718729, 2311275; 719495, 2302784; 724993, 2302257; 724598, 2304442; 725277, 2304171; 725353, 2310727; 719528, 2310199; 719189, 2301967; 724109, 2302029; 723848, 2303672; 725078, 2303269; 724560, 2309838; 718726, 2309815; 718081, 2302366; 723843, 2302827; 724204, 2303207; 724171, 2303501; 724128, 2310313; 718003, 2310809; 718302, 2303174. 2303962. 2311135. Note: Map follows: Note: Map follows: Note: Map follows:
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Critical Habitat Unit Lanai G: Area Critical Habitat Unit Lanai H: Area Critical Habitat Unit Lanai I: Area consists of the entire islet, located at consists of the following eight boundary consists of the following eight boundary UTM coordinate 716393, 2294193. points: 708156, 2313789; 708625, points: 724128, 2305536; 723819, 2313719; 708926, 2313485; 708965, 2305150; 723361, 2305089; 722997, Note: Map follows: 2313031; 708746, 2312649; 708254, 2305298; 722875, 2305767; 723096, 2312543; 707808, 2312824; 707750, 2306231; 723681, 2306330; 724062, 2313391. 2306010. Note: Map follows: Note: Map follows:
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Critical Habitat Unit Lanai J: Area consists of the following eight points and the intermediate coastline: 702559, 2313776; 702658, 2313650; 702688, 2313348; 702566, 2313030; 702299, 2312864; 702063, 2312826; 701890, 2312877; 701888, 2312878. Note: Map follows:
TABLE (A)(1)(I)(E)ÐPROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR LANAI
Unit name Species
Lanai A ...... Clermontia oblongifolia ssp. mauiensis, Cyanea grimesiana ssp. grimesiana, Cyanea macrostegia ssp. gibsonii, Cyrtandra munroi, Ctenitis squamigera, Gahnia lanaiensis, Hedyotis mannii, Hedyotis schlechtendahliana var. remyi, Labordia tinifolia var. lanaiensis, Melicope munroi, and Viola lanaiensis. Lanai B ...... Spermolepis hawaiiensis. Lanai C ...... Teramolopium remyi. Lanai D ...... Bonamia menziesii. Lanai E ...... Abutilon eremitopetalum. Lanai F ...... Centaurium sebaeoides and Hibiscus brackenridgei. Lanai G ...... Portulaca sclerocarpa. Lanai H ...... Teramolopium remyi. Lanai I ...... Spermolepis hawaiiensis. Lanai J ...... Hibiscus brackenridgei.
(ii) Hawaiian plants—Constituent Family Apiaceae: Peucedanum units, the currently known primary elements. sandwicense (makou) constituent elements of critical habitat (A) Flowering plants. are habitat components that provide: (1) Kauai F, G, I, and M, identified in the Cliff habitats (a) in mixed shrub coastal legal descriptions in paragraph dry cliff communities or diverse mesic (a)(1)(i)(A) of this section, constitute forest and (b) containing one or more of critical habitat for Peucedanum sandwicense on Kauai. Within these the following associated native plant
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Family Asteraceae: Lipochaeta that provide: (1) Steep, north or provide: (1) Coastal dry cliffs or very dry micrantha (nehe) northeast facing slopes (a) in Acacia ridges containing one or more of the i. Kauai I and M, identified in the koa—Metrosideros polymorpha lowland following associated native plant legal descriptions in paragraph mesic forest and (b) containing one or species: Artemisia sp., Wilkesia (a)(1)(i)(A) of this section, constitute more of the following associated native gymnoxiphium, Lipochaeta connata, plant species: Chamaesyce sp., Nestegis Lobelia niihauensis, Peucedanum critical habitat for Lipochaeta micrantha sandwicensis, Diospyros sp., Hedyotis sandwicensis, Hibiscus kokio ssp. saint on Kauai. Within these units the terminalis, Melicope ssp., Pouteria johnianus, Canthium odoratum, currently known primary constituent sandwicensis, Schiedea membranacea, Peperomia sp., Myoporum sandwicense, elements of critical habitat for Psychotria mariniana, Dodonaea Sida fallax, Waltheria indica, Dodonaea Lipochaeta micrantha var. exigua are viscosa, Dianella sandwicensis, viscosa, or Eragrostis variabilis; and (2) habitat components that provide: (1) Tetraplasandra kauaiensis, or elevations between 275 to 400 m (900 to Cliffs, ridges, or slopes (a) in grassy, Claoxylon sandwicensis; and (2) 1,310 ft). shrubby or dry mixed communities and elevations between 850 to 1,250 m (b) containing one or more of the Family Campanulaceae: Brighamia (2,800 to 4,100 ft). following associated native plant insignis (‘olulu) species: Artemisia australis, Bidens Family Asteraceae: Remya montgomeryi Kauai E, G, and M, identified in the sandvicensis, Plectranthus parviflorus, (No Common Name) legal descriptions in paragraph Chamaesyce celastroides, Diospyros sp., Kauai G and I, identified in the legal (a)(1)(i)(A) of this section, and Niihau B, Canthium odoratum, Neraudia sp., descriptions in paragraph (a)(1)(i)(A) of identified in the legal descriptions in Pipturus sp., Hibiscus kokio, Sida this section, constitute critical habitat paragraph (a)(1)(i)(B) of this section, fallax, Eragrostis sp., or Lepidium for Remya montgomeryi on Kauai. constitute critical habitat for Brighamia bidentatum; and (2) elevations between Within these units, the currently known insignis on Kauai and Niihau. Within 305–430 m (1,000–1,400 ft). primary constituent elements of critical these units, the currently known ii. Within these units, the currently habitat are habitat components that primary constituent elements of critical known primary constituent elements of provide: (1) Steep, north or northeast- habitat are habitat components that critical habitat for Lipochaeta micrantha facing slopes, cliffs, or stream banks provide: (1) Rocky ledges with little soil var. micrantha are habitat components near waterfalls (a) in Metrosideros or steep sea cliffs (a) in lowland dry that provide: (1) Basalt cliffs, stream polymorpha mixed mesic forest and (b) grasslands or shrublands with annual banks, or level ground (a) in mesic or containing one or more of the following rainfall that is usually less than 170 cm diverse Metrosideros polymorpha— associated native plant species: (65 in.) and (b) containing one or more Diospyros sp. forest and (b) containing Lysimachia glutinosa, Lepidium serra, of the following native plant species: one or more of the following associated Boehmeria grandis, Poa mannii, Artemisia sp., Chamaesyce celastroides, native plant species: Lobelia Stenogyne campanulata, Myrsine Canthium odoratum, Eragrostis niihauensis, Chamaesyce celastroides linearifolia, Bobea timonioides, Ilex variabilis, Heteropogon contortus, var. hanapepensis, Neraudia anomala, Zanthoxylum dipetalum, Hibiscus kokio, Hibiscus kauaiensis, Rumex sp., Nontrichium sp. Claoxylon sandwicensis, saintjohnianus, Lepidium serra, (kului), Artemisia sp., Dodonaea Tetraplasandra spp., Artemisia sp., Lipochaeta succulenta, Munroidendron viscosa, Antidesma sp., Hibiscus sp., Nototrichium sp., Cyrtandra sp., racemosum, or Sida fallax; and (2) Xylosma sp., Pleomele sp., Melicope sp., Dubautia plantaginea, Sadleria sp., elevations between sea level to 480 m Bobea sp., and Acacia koa; and (2) Cheirodendron sp., Scaevola sp., or (1,575 ft) elevation. elevations between 610–720 m (2,000– Pleomele sp.; and (2) elevations between Family Campanulaceae: Clermontia 2,360 ft). 850 to 1,250 m (2,800 to 4,100 ft). oblongifolia ssp. mauiensis (oha wai) Family Asteraceae: Lipochaeta Family Asteraceae: Tetramolopium Critical habitat includes the Lanai waimeaensis (nehe) remyi (No Common Name) unit A which is identified in paragraph Kauai B, identified in the legal Critical habitat includes the Lanai (a)(1)(i)(E) of this section. Within this description in paragraph (a)(1)(i)(A) of units C and H which are identified in unit the primary constituent elements this section, constitutes critical habitat paragraph (a)(1)(i)(E) of this section. are the ridges in Metrosideros for Lipochaeta waimeaensis on Kauai. Within these units the primary polymorpha dominated montane wet Within this unit, the currently known constituent elements are red sandy loam forest, and containing one or more of the primary constituent elements of critical soil in dry Dodonea viscosa- following associated native plant habitat are habitat components that Heteropogon contortus communities species: Coprosma sp., Clermontia sp., provide: (1) Precipitous, shrub-covered and including one or more of the Hedyotis sp., or Melicope sp.; and gulch (a) in diverse lowland forest and following associated native plant elevations between 800 and 900 m (b) containing the native species species: Bidens mauiensis, Waltheria (2,625 and 2,950 ft). Dodonaea viscosa or Lipochaeta indica, Wikstroemia oahuensis, or Family Campanulaceae: Cyanea connata; and (2) elevations between 350 Lipochaeta lavarum; and an elevation of asarifolia (haha) and 400 m (1,150 and 1,310 ft). about 230 m (755 ft). Kauai R and T, identified in the legal Family Asteraceae: Remya kauaiensis Family Asteraceae: Wilkesia hobdyi descriptions in paragraph (a)(1)(i)(A) of (No Common Name) (dwarf iliau) this section, constitute critical habitat Kauai G, I, and U, identified in the Kauai G and J, identified in the legal for Cyanea asarifolia on Kauai. Within legal descriptions in paragraph descriptions in paragraph (a)(1)(i)(A) of these units, the currently known (a)(1)(i)(A) of this section, constitute this section, constitute critical habitat primary constituent elements of critical critical habitat for Remya kauaiensis on for Wilkesia hobdyi on Kauai. Within habitat are habitat components that Kauai. Within these units, the currently these units, the currently known provide: (1) Pockets of soil on sheer rock known primary constituent elements of primary constituent elements of critical cliffs (a) in lowland wet forests and (b) critical habitat are habitat components habitat are habitat components that containing one or more of the following
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Metrosideros polymorpha and montane mesic forest, and (b) Lysimachia kalalauensis, Labordia Dicranopteris linearis and (b) containing containing one or more of the following helleri, Mariscus pennatiformis, one or more of the following native associated native plant species: Asplenium praemorsum, or Poa plant species: Carex sp., Cyrtandra sp., Dubautia raillardioides, Scaevola sandvicensis; and (2) elevations Machaerina sp., Vaccinium sp., procera, Hedyotis terminalis, Syzygium between 520 and 1,160 m (1,700 and Peperomia sp., Hedyotis terminalis, sandwicensis, Melicope clusifolia, 3,800 ft). Astelia sp., or Broussaisia arguta; and Cibotium sp., Broussaisia arguta, (2) elevations between 1,100 and 1,320 Cheirodendron sp., Cyanea hirtella, Family Caryophyllaceae: Schiedea m (3,610 and 4,330 ft). Dianella sandwicensis, Viola nuttallii (No Common Name) wailenalenae, or Poa sandvicensis; and Family Caryophyllaceae: Alsinidendron (2) elevations between 1,065–1,100 m Kauai M, identified in the legal viscosum (No Common Name) (3,490–3,610 ft). description in paragraph (a)(1)(i)(A) of Kauai I, identified in the legal this section, constitutes critical habitat description in paragraph (a)(1)(i)(A) of Family Caryophyllaceae: Schiedea for Schiedea nuttallii on Kauai. Within this section, constitutes critical habitat kauaiensis (No Common Name) this unit, the currently known primary for Alsinidendron viscosum on Kauai. Kauai G, identified in the legal constituent elements of critical habitat Within this unit, the currently known description in paragraph (a)(1)(i)(A) of are habitat components that provide: (1) primary constituent elements of critical this section, constitutes critical habitat diverse lowland mesic forest, often with habitat are habitat components that for Schiedea kauaiensis on Kauai. Metrosideros polymorpha dominant, provide: (1) Steep slopes (a) in Acacia Within this unit, the currently known containing one or more of the following koa-Metrosideros polymorpha lowland, primary constituent elements of critical associated native plant species: montane mesic, or wet forest and (b) habitat are habitat components that Antidesma sp, Psychotria sp., containing one or more of the following provide: (1) Steep slopes (a) in diverse Perrottetia sandwicensis, Pisonia sp., or native plant species: Alyxia mesic or wet forest and (b) containing Hedyotis acuminata; and (2) elevations olivaeformis, Bidens cosmoides, Bobea one or more of the following associated between 415 and 790 m (1,360 and sp., Carex sp., Coprosma sp., Dodonaea plant taxa: Psychotria mariniana, 2,590 ft). viscosa, Gahnia sp., Ilex anomala, Psychotria hexandra, Canthium Melicope sp., Pleomele sp., Psychotria odoratum, Pisonia sp., Microlepia Family Caryophyllaceae: Schiedea sp., or Schiedea stellarioides; and (2) speluncae, Exocarpos luteolus, spergulina var. leiopoda (No Common elevations between 820 and 1,200 m Diospyros sp., Peucedanum Name) (2,700 and 3,940 ft). sandwicense, or Euphorbia haeleeleana; and (2) elevations between 680–790 m Kauai C, identified in the legal Family Caryophyllaceae: Schiedea (2,230–2,590 ft). description in paragraph (a)(1)(i)(A) of apokremnos (ma‘oli‘oli) this section, constitutes critical habitat Kauai G and J, identified in the legal Family Caryophyllaceae: Schiedea membranacea (No Common Name) for Schiedea spergulina var. leiopoda on descriptions in paragraph (a)(1)(i)(A) of Kauai. Within this unit, the currently this section, constitute critical habitat Kauai G, I, and K, identified in the known primary constituent elements of legal descriptions in paragraph for Schiedea apokremnos on Kauai. critical habitat are habitat components (a)(1)(i)(A) of this section, constitute Within these units, the currently known that provide: (1) bare rock outcrops or critical habitat for Schiedea primary constituent elements of critical sparsely vegetated portions of rocky cliff habitat are habitat components that membranacea on Kauai. Within these faces or cliff bases (a) in diverse lowland provide: (1) Crevices of near-vertical units, the currently known primary mesic forests and (b) containing one or coastal cliff faces (a) in sparse dry constituent elements of critical habitat coastal shrub vegetation and (b) are habitat components that provide: (1) more of the following native plants: containing one or more of the following Cliffs or cliff bases (a) in mesic or wet Bidens sandvicensis, Doryopteris sp., associated native plant species: habitats, (b) in lowland, or montane Peperomia leptostachya, or Plectranthus Heliotropium sp., Chamaesyce sp., shrubland, or forest communities parviflorus; and (2) elevations between Bidens sp., Artemisia australis, Lobelia dominated by Acacia koa, Pipturus sp. 180 and 800 m (590 and 2,625 ft). or Metrosideros polymorpha and (c) niihauensis, Wilkesia hobdyi, Family Caryophyllaceae: Schiedea containing one or more of the following Lipochaeta connata, Myoporum spergulina var. spergulina (No Common associated native plant species: sandwicense, Canthium odoratum, or Name) Peperomia sp.; and (2) elevations Hedyotis terminalis, Melicope sp., between 60 to 330 m (200 to 1,080 ft). Pouteria sandwicensis, Poa mannii, Kauai G and I, identified in the legal Hibiscus waimeae, Psychotria descriptions in paragraph (a)(1)(i)(A) of Family Caryophyllaceae: Schiedea mariniana, Canthium odoratum, helleri (No Common Name) this section, constitute critical habitat Pisonia sp., Perrottetia sandwicensis, for Schiedea spergulina var. spergulina Kauai I, identified in the legal Scaevola procera, Sadleria cyatheoides, on Kauai. Within these units, the description in paragraph (a)(1)(i)(A) of Diplazium sandwicensis, Thelypteris currently known primary constituent this section, constitutes critical habitat sandwicensis, Boehmeria grandis, elements of critical habitat are habitat for Schiedea helleri on Kauai. Within Dodonaea viscosa, Myrsine sp., Bobea this unit, the currently known primary brevipes, Alyxia olivaeformis, components that provide: (1) Bare rock constituent elements of critical habitat Psychotria greenwelliae, Pleomele sp., outcrops or sparsely vegetated portions are habitat components that provide: (1) Alphitonia ponderosa, Joinvillea of rocky cliff faces or cliff bases (a) in Ridges and steep cliffs (a) in closed ascendens ssp. ascendens, Athyrium diverse lowland mesic forests and (b) Metrosideros polymorpha-Dicranopteris sandwichianum, Machaerina containing one or more of the following linearis montane wet forest, or angustifolia, Cyrtandra paludosa, associated plant taxa: Heliotropium sp., Metrosideros polymorpha- Touchardia latifolia, Thelypteris or Nototrichium sandwicense; and (2) Cheirodendron sp. montane wet forest, cyatheoides, Lepidium serra, Eragrostis elevations between 180 and 800 m (590 or Acacia koa-Metrosideros polymorpha variabilis, Remya kauaiensis, and 2,625 ft).
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Family Caryophyllaceae: Schiedea Family Cyperaceae: Cyperus between 660 to 1,100 m (2,165 to 3,610 stellarioides (laulihilihi (=ma‘oli‘oli)) trachysanthos (pu‘uka‘a) ft). Kauai I, identified in the legal Kauai G, identified in the legal Family Euphorbiaceae: Euphorbia description in paragraph (a)(1)(i)(A) of descriptions in paragraph (a)(1)(i)(A) of haeleeleana (‘‘akoko) this section, constitutes critical habitat this section, and Niihau A, identified in Kauai G, I, and U, identified in the the legal descriptions in paragraph for Schiedea stellarioides on Kauai. legal descriptions in paragraph (a)(1)(i)(B) of this section, constitute Within this unit, the currently known (a)(1)(i)(A) of this section, constitute critical habitat for Cyperus primary constituent elements of critical critical habitat for Euphorbia trachysanthos on Kauai and Niihau. haeleeleana on Kauai. Within these habitat are habitat components that Within these units, the currently known provide: (1) Steep slopes (a) in closed units, the currently known primary primary constituent elements of critical constituent elements of critical habitat Acacia koa-Metrosideros polymorpha habitat are habitat components that lowland or montane mesic forest or are habitat components that provide: (1) provide: (1) Wet sites (mud flats, wet Lowland mixed mesic or dry forest that shrubland and (b) containing one or clay soil, or wet cliff seeps) (a) on (a) is often dominated by Metrosideros more of the following native plant coastal cliffs or talus slopes and (b) polymorpha, Acacia koa, or Diospyros species: Nototrichium sp., Artemisia sp., containing the native plant species sp. and (b) containing one or more of the Dodonaea viscosa, Melicope sp., Hibiscus tiliaceus; and (2) elevations following native plant species: Acacia Dianella sandwicensis, Bidens between 3 and 160 m (10 and 525 ft). koaia, Antidesma platyphyllum, cosmoides, Mariscus sp., or Styphelia Family Cyperaceae: Gahnia lanaiensis Claoxylon sp., Carex meyenii, Carex tameiameiae; and (2) elevations (No Common Name) wahuensis, Diplazium sandwichianum, between 610 and 1,120 m (2,000 and Dodonaea viscosa, Erythrina 3,680 ft). Critical habitat includes the Lanai sandwicensis, Kokia kauaiensis, unit A which is identified in paragraph Pleomele aurea, Psychotria mariniana, Family Convolvulaceae: Bonamia (a)(1)(i)(E) of this section. Within this P. greenwelliae, Pteralyxia menziesii (No Common Name) unit the primary constituent elements sandwicensis, Rauvolfia sandwicensis, are the flat to gentle ridgecrest i. Kauai G and L, identified in the Reynoldsia sandwicensis, Sapindus topography in lowland wet forest oahuensis, Tetraplasandra kauaiensis, legal descriptions in paragraph (shrubby rainforest to open scrubby fog (a)(1)(i)(A) of this section, constitute Pouteria sandwicensis, Pisonia belt or degraded lowland mesic forest), sandwicensis, or Xylosma sp.; and (2) critical habitat for Bonamia menziesii wet Diplopterygium pinnatum- on Kauai. Within these units, the elevations between 205 and 670 m (680 Dicranopteris linearis-Metrosideros and 2,200 ft). currently known primary constituent polymorpha shrubland or wet elements of critical habitat are habitat Metrosideros polymorpha-Dicranopteris Family Euphorbiaceae: Flueggea components that provide: (1) Dry, mesic linearis shrubland, and containing one neowawraea (mehamehame) or wet forests containing one or more of or more of the following associated Kauai F, G, and I, identified in the the following native plant species: native plant species: Doodia sp., legal descriptions in paragraph Metrosideros polymorpha, Canthium Odontosoria chinensis, Ilex anomala, (a)(1)(i)(A) of this section, constitute odoratum, Dianella sandwicensis, Hedyotis terminalis, Sadleria sp., critical habitat for Flueggea neowawraea Diospyros sandwicensis, Dodonaea Coprosma sp., Lycopodium sp., on Kauai. Within these units, the viscosa, Hedyotis terminalis, Melicope Scaevola sp., or Styphelia tameiameiae; currently known primary constituent anisata, Melicope barbigera, Myoporum and elevations between 915 and 1,030 m elements of critical habitat are habitat sandwicense, Nestegis sandwicense, (3,000 and 3,380 ft). components that provide: (1) Dry or Pisonia sp., Pittosporum sp., Pouteria Family Euphorbiaceae: Chamaesyce mesic forests containing one or more of sandwicensis, or Sapindus oahuensis; halemanui (No Common Name) the following native plant species: and (2) elevations between 150 and 850 Alectryon macrococcus, Bobea m (500 and 2,800 ft). Kauai G and I, identified in the legal timonioides, Charpentiera sp., descriptions in paragraph (a)(1)(i)(A) of Caesalpinia kauaiense, Hibiscus sp., ii. Critical habitat on Lanai includes this section, constitute critical habitat Melicope sp., Metrosideros polymorpha, the Lanai unit D which is identified in for Chamaesyce halemanui on Kauai. Myrsine lanaiensis, Munroidendron paragraph (a)(1)(i)(E) of this section. Within these units, the currently known racemosum, Tetraplasandra sp., Kokia Within this unit the primary constituent primary constituent elements of critical kauaiensis, Isodendrion sp., Pteralyxia elements are the dry Nestegis habitat are habitat components that kauaiensis, Psychotria mariniana, sandwicensis-Diospyros sp. forest or dry provide: (1) Steep slopes of gulches (a) Diplazium sandwichianum, Freycinetia Dodonea viscosa shrubland containing in mesic Acacia koa forests and (b) arborea, Nesoluma polynesicum, one or more of the following associated containing one or more of the following Diospyros sp., Antidesma pulvinatum, native plant species: Bobea sp., native plant species: Metrosideros A. platyphyllum, Canthium odoratum, Nesoluma polynesicum, Erythrina polymorpha, Alphitonia ponderosa, Nestegis sandwicensis, Rauvolfia sandwicensis, Rauvolfia sandwicensis, Antidesma platyphyllum, Bobea sandwicensis, Pittosporum sp., Metrosideros polymorpha, Canthium brevipes, Cheirodendron trigynum, Tetraplasandra sp., Pouteria odoratum, Dianella sandwicensis, Coprosma sp., Diospyros sandwicensis, sandwicensis, Xylosma sp., Pritchardia Diospyros sandwicensis, Hedyotis Dodonaea viscosa, Elaeocarpus bifidus, sp., Bidens sp., or Streblus pendulinus; terminalis, Melicope anisata, Melicope Hedyotis terminalis, Kokia kauaiensis, and (2) elevations of 250 to 1,000 m (820 barbigera, Myoporum sandwicense, Melicope haupuensis, Pisonia sp., to 3,280 ft). Pisonia sp., Pittosporum sp., Pouteria Pittosporum sp., Pleomele aurea, Psychotria mariniana, Psychotria Family Fabaceae: Sesbania tomentosa sandwicensis, or Sapindus oahuensis; (‘ohai) and elevations between 150 and 853 m greenwelliae, Pouteria sandwicensis, Santalum freycinetianum, or Styphelia Kauai J, identified in the legal (490 and 2,800 ft). tameiameiae; and (2) elevations description in paragraph (a)(1)(i)(A) of
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(a)(1)(i)(E) of this section. Within this containing one or more of the following Tetraplasandra waimeae, Claoxylon unit the primary constituent elements associated native plant species: Sadleria sandwicensis, Cheirodendron trigynum, are the exposed ledges with thin soil in sp., Selaginella sp., Broussaisia arguta, Pleomele aurea, Cryptocarya mannii, coastal communities. Labordia sp., Cyrtandra sp., Scaevola Pouteria sandwicensis, Bobea brevipes, sp., Freycinetia arborea, Blechnum Hedyotis terminalis, Elaeocarpus Family Primulaceae: Lysimachia filifolia occidentale, Pipturis sp., Carex meyenii, bifidus, or Antidesma sp; and (2) (No Common Name) Pneumatopteris sandwicensis, Cibotium elevations between 375 to 1,075 m Kauai T, identified in the legal sp., Cyanea sp., or Psychotria sp.; and (1,230 to 3,530 ft). description in paragraph (a)(1)(i)(A) of elevations between 150 and 1,050 m Family Rutaceae: Melicope knudsenii this section, constitutes critical habitat (490 and 3,450 ft). for Lysimachia filifolia on Kauai. Within (alani) this unit, the currently known primary Family Rubiaceae: Hedyotis Kauai G and I, identified in the legal constituent elements of critical habitat schlechtendahliana var. remyi (kopa) descriptions in paragraph (a)(1)(i)(A) of are habitat components that provide: (1) Critical habitat includes the Lanai this section, constitute critical habitat Mossy banks at the base of cliff faces unit A which is identified in paragraph for Melicope knudsenii on Kauai. within the spray zone of waterfalls or (a)(1)(i)(E) of this section. Within this Within these units, the currently known along streams in lowland wet forests unit the primary constituent elements primary constituent elements of critical and containing one or more of the are the ridge crests in mesic windswept habitat are habitat components that following associated native plant shrubland, and containing one or more provide: (1) Forested flats or talus slopes species: mosses, ferns, liverworts, of the following associated native plant (a) in lowland dry or montane mesic Machaerina sp., Heteropogon contortus, species: Metrosideros polymorpha, forests and (b) containing one or more or Melicope sp.; and (2) elevations Dicranopteris linearis, Styphelia of the following associated native plant between 240 to 680 m (800 to 2,230 ft). tameiameiae, Dodonaea viscosa, species: Dodonaea viscosa, Antidesma Odontosoria chinensis, Sadleria sp., sp., Metrosideros polymorpha, Xylosma Family Rhamnaceae: Gouania meyenii Dubautia sp., or Myrsine sp.; and sp., Hibiscus sp., Myrsine lanaiensis, (No Common Name) elevations between 730 and 900 m Diospyros sp., Rauvolfia sandwicensis, Kauai G and I, identified in the legal (2,400 to 3,000 ft). Bobea sp., Nestegis sandwicensis, descriptions in paragraph (a)(1)(i)(A) of Hedyotis sp., Melicope sp., Psychotria Family Rubiaceae: Hedyotis st.-johnii this section, constitute critical habitat sp., or Pittosporum kauaiensis; and (2) (Na Pali beach Hedyotis) for Gouania meyenii on Kauai. Within elevations between 450 to 1,000 m these units, the currently known Kauai G and J, identified in the legal (1,480 to 3,300 ft). primary constituent elements of critical descriptions in paragraph (a)(1)(i)(A) of Family Rutaceae: Melicope munroi habitat are habitat components that this section, constitute critical habitat (alani) provide: (1) Rocky ledges, cliff faces, or for Hedyotis st.-johnii on Kauai. Within ridge tops (a) in dry shrubland or these units, the currently known Critical habitat includes the Lanai Metrosideros polymorpha lowland primary constituent elements of critical unit A which is identified in paragraph mesic forest and (b) containing one or habitat are habitat components that (a)(1)(i)(E) of this section. Within this more of the following native plant provide: (1) Crevices of north-facing, unit the primary constituent elements species: Dodonaea viscosa, Chamaesyce near-vertical coastal cliff faces within are the slopes in lowland wet sp., Psychotria sp., Hedyotis sp., the spray zone (a) in sparse dry coastal shrublands, and containing one or more Melicope sp., Nestegis sandwicensis, shrubland and (b) containing one or of the following native plant taxa: Bidens sp., Carex meyenii, Diospyros more of the following native plant Diplopterygium pinnatum, sp., Lysimachia sp., or Senna species: Myoporum sandwicense, Dicranopteris linearis, Metrosideros gaudichaudii; and (2) elevations Eragrostis variabilis, Lycium polymorpha, Cheirodendron trigynum, between 490 to 880 m (1,600 to 2,880 ft). sandwicense, Heteropogon contortus, Coprosma sp., Broussaisia arguta, other Artemisia australis or Chamaesyce Melicope sp., or Machaerina Family Rubiaceae: Hedyotis cookiana celastroides; and (2) elevations above 75 angustifolia; and elevations between (‘awiwi) m (250 ft). 790 to 1,020 m (2,600 to 3,350 ft). Kauai G, identified in the legal Family Rutaceae: Melicope haupuensis Family Rutaceae: Melicope pallida description in paragraph (a)(1)(i)(A) of (alani) (alani) this section, constitutes critical habitat for Hedyotis cookiana on Kauai. Within Kauai G and I, identified in the legal Kauai G and I, identified in the legal this unit, the currently known primary descriptions in paragraph (a)(1)(i)(A) of descriptions in paragraph (a)(1)(i)(A) of constituent elements of critical habitat this section, constitute critical habitat this section, constitute critical habitat are habitat components that provide: (1) for Melicope haupuensis on Kauai. for Melicope pallida on Kauai. Within Streambeds or steep cliffs close to water Within these units, the currently known these units, the currently known sources in lowland wet forest primary constituent elements of critical primary constituent elements of critical communities; and (2) elevations habitat are habitat components that habitat are habitat components that between 170 and 370 m (560 and 1,210 provide: (1) Moist talus slopes (a) in provide: (1) Steep rock faces (a) in ft). Metrosideros polymorpha dominated lowland or montane mesic or wet forests lowland mesic forests or Metrosideros or shrubland and (b) containing one or Family Rubiaceae: Hedyotis mannii polymorpha-Acacia koa montane mesic more of the following associated native (pilo) forest and (b) containing one or more of plant species: Dodonaea viscosa, Critical habitat includes the Lanai the following associated native plant Lepidium serra, Pleomele sp., unit A which is identified in paragraph species: Dodonaea viscosa, Diospyros Boehmeria grandis, Coprosma sp., (a)(1)(i)(E) of this section. Within this sp., Psychotria mariniana, P. Hedyotis terminalis, Melicope sp., unit the primary constituent elements greenwelliae, Melicope ovata, M. Pouteria sandwicensis, Poa mannii, are the dark, narrow, rocky gulch walls anisata, M. barbigera, Dianella Schiedea membranacea, Psychotria or steep stream banks in wet forests, and sandwicensis, Pritchardia minor, mariniana, Dianella sandwicensis,
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Pritchardia minor, Chamaesyce macrococcus on Kauai. Within these are habitat components that provide: (1) celastroides var. hanapepensis, units, the currently known primary Open, sunny areas (a) in diverse Nototrichium sp., Carex meyenii, constituent elements of critical habitat lowland or montane mesic or wet forests Artemisia sp., Abutilon sandwicense, are habitat components that provide: (1) and (b) containing one or more of the Alyxia olivaeformis, Dryopteris sp., Dry slopes or gulches (a) in Diospyros following associated plants: Alphitonia Metrosideros polymorpha, Pipturus sp.-Metrosideros polymorpha lowland ponderosa, Ilex anomala, Xylosma sp., albidus, Sapindus oahuensis, mesic forest, Metrosideros polymorpha Athyrium sandwicensis, Syzygium Tetraplasandra sp., or Xylosma mixed mesic forest, or Diospyros sp. sandwicensis, Bidens cosmoides, hawaiiense; and (2) elevations between mixed mesic forest, (b) containing one Dianella sandwicensis, Poa 490 to 915 m (1,600 to 3,000 ft). or more of the following native plant siphonoglossa, Carex meyenii, Hedyotis species: Nestegis sandwicensis, sp., Coprosma sp., Dubautia sp., Family Rutaceae: Zanthoxylum Psychotria sp., Pisonia sp., Xylosma sp., Pouteria sandwicensis, Cryptocarya hawaiiense (a‘e) Streblus pendulinus, Hibiscus sp., mannii, Acacia koa, Metrosideros Kauai I, identified in the legal Antidesma sp., Pleomele sp., Acacia polymorpha, Dicranopteris linearis, description in paragraph (a)(1)(i)(A) of koa, Melicope knudsenii, Hibiscus Psychotria sp., or Melicope sp.; and (2) this section, constitutes critical habitat waimeae, Pteralyxia sp., Zanthoxylum elevations between 760 and 1,220 m for Zanthoxylum hawaiiense on Kauai. sp., Kokia kauaiensis, Rauvolfia (2,500 and 4,000 ft). Within this unit, the currently known sandwicensis, Myrsine lanaiensis, Family Violaceae: Isodendrion primary constituent elements of critical Canthium odoratum, Canavalia sp., laurifolium (aupaka) habitat are habitat components that Alyxia oliviformis, Nesoluma provide: (1) Lowland dry or mesic polynesicum, Munroidendron Kauai G, I, and U, identified in the forests, or montane dry forest, (a) racemosum, Caesalpinia kauaiense, legal descriptions in paragraph dominated by Metrosideros polymorpha Tetraplasandra sp., Pouteria (a)(1)(i)(A) of this section, constitute or Diospyros sandwicensis, and (b) sandwicensis, or Bobea timonioides; critical habitat for Isodendrion containing one or more of the following and (2) elevations between 360 to 1,070 laurifolium on Kauai. Within these associated plant species: Pleomele m (1,180 to 3,510 ft). units, the currently known primary auwahiensis, Antidesma platyphyllum, constituent elements of critical habitat Pisonia sp., Alectryon macrococcus, Family Solanaceae: Nothocestrum are habitat components that provide: (1) Charpentiera sp., Melicope sp., Streblus peltatum (‘aiea) Diverse mesic or wet forest (a) pendulinus, Myrsine lanaiensis, Kauai G and I, identified in the legal dominated by Metrosideros Sophora chrysophylla, or Dodonaea descriptions in paragraph (a)(1)(i)(A) of polymorpha, Acacia koa, or Diospyros viscosa; and (2) elevations between 550 this section, constitute critical habitat sp. and (b) containing one or more of the and 730 m (1,800 and 2,400 ft). for Nothocestrum peltatum on Kauai. following associated native plant Within these units, the currently known species: Kokia kauaiensis, Streblus sp., Family Santalaceae: Exocarpos luteolus primary constituent elements of critical Elaeocarpus bifidus, Canthium (heau) habitat are habitat components that odoratum, Antidesma sp., Xylosma Kauai G, H, I, L, and S, identified in provide: (1) Rich soil on steep slopes (a) hawaiiense, Hedyotis terminalis, the legal descriptions in paragraph in montane or lowland mesic or wet Pisonia sp., Nestegis sandwicensis, (a)(1)(i)(A) of this section, constitute forest dominated by Acacia koa or a Dodonaea viscosa, Euphorbia critical habitat for Exocarpos luteolus on mixture of Acacia koa and Metrosideros haeleeleana, Pleomele sp., Pittosporum Kauai. Within these units, the currently polymorpha, and (b) containing one or sp., Melicope sp., Claoxylon known primary constituent elements of more of the following associated native sandwicense, Alphitonia ponderosa, critical habitat are habitat components plant species: Antidesma sp., Myrsine lanaiensis, or Pouteria that provide: (1) Wet places bordering Dicranopteris linearis, Bobea brevipes, sandwicensis; and (2) elevations swamps; open, dry ridges (a) in lowland Elaeocarpus bifidus, Alphitonia between 490 and 820 m (1,600 and or montane Metrosideros polymorpha ponderosa, Melicope anisata, M. 2,700 ft). dominated wet forest communities and barbigera, M. haupuensis, Pouteria Family Violaceae: Isodendrion (b) containing one or more of the sandwicensis, Dodonaea viscosa, longifolium (aupaka) following native plant species: Acacia Dianella sandwicensis, Tetraplasandra koa, Cheirodendron trigynum, Pouteria kauaiensis, Claoxylon sandwicensis, Kauai F, G, L, M, and P, identified in sandwicensis, Dodonaea viscosa, Cheirodendron trigynum, Psychotria the legal descriptions in paragraph Pleomele aurea, Psychotria mariniana, mariniana, P. greenwelliae, Hedyotis (a)(1)(i)(A) of this section, constitute Psychotria greenwelliae, Bobea brevipes, terminalis, Ilex anomala, Xylosma sp., critical habitat for Isodendrion Hedyotis terminalis, Elaeocarpus Cryptocarya mannii, Coprosma sp., longifolium on Kauai. Within these bifidus, Melicope haupuensis, Dubautia Pleomele aurea, Diplazium units, the currently known primary laevigata, Dianella sandwicensis, Poa sandwicensis, Broussaisia arguta, or constituent elements of critical habitat sandvicensis, Schiedea stellarioides, Perrottetia sandwicensis; and (2) are habitat components that provide: (1) Peperomia macraeana, Claoxylon elevations between 915 to 1,220 m Steep slopes, gulches, or stream banks sandwicense, Santalum freycinetianum, (3,000 to 4,000 ft). (a) in mesic or wet Metrosideros Styphelia tameiameiae, or Dicranopteris polymorpha forests and (b) containing Family Solanaceae: Solanum linearis; and (2) elevations between 475 one or more of the following native sandwicense (‘aiakeaakua, popolu) and 1,290 m (1,560 and 4,220 ft). species: Dicranopteris linearis, Eugenia Kauai D, G, and I, identified in the sp., Diospyros sp., Pritchardia sp., Family Sapindaceae: Alectryon legal descriptions in paragraph Canthium odoratum, Melicope sp., macrococcus (mahoe) (a)(1)(i)(A) of this section, constitute Cheirodendron sp., Ilex anomala, Kauai G, I, and U, identified in the critical habitat for Solanum Pipturus sp., Hedyotis fluviatilis, legal descriptions in paragraph sandwicense on Kauai. Within these Peperomia sp., Bidens sp., Nestegis (a)(1)(i)(A) of this section, constitute units, the currently known primary sandwicensis, Cyanea hardyi, Syzygium critical habitat for Alectryon constituent elements of critical habitat sp., Cibotium sp., Bobea brevipes,
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Antidesma sp., Cyrtandra sp., Hedyotis containing one or more of the following koa, Alectryon macrococcus, Antidesma terminalis, Peperomia sp., Perrottetia associated native plants: ferns and short platyphyllum, Metrosideros sandwicensis, Pittosporum sp., or windswept shrubs, Scaevola polymorpha, Myrsine lanaiensis, Psychotria sp.; and (2) elevations chamissoniana, Hedyotis terminalis, Zanthoxylum dipetalum, between 410 to 760 m (1,345 to 2,500 ft). Hedyotis centranthoides, Styphelia sp., Tetraplasandra kauaiensis, Psychotria Carex sp., Ilex sp., Psychotria sp., Family Violaceae: Viola helenae (No mariniana, Carex meyenii, Diospyros Antidesma sp., Coprosma sp., Common Name) hillebrandii, Hedyotis knudsenii, Freycinetia sp., Myrsine sp., Nestegis Canthium odoratum, Pteralyxia Kauai L, identified in the legal sp., Psychotria sp., or Xylosma sp.; and kauaiensis, Nestegis sandwicensis, description in paragraph (a)(1)(i)(A) of elevations between 670–975 m (2,200– Alyxia olivaeformis, Wilkesia this section, constitutes critical habitat 3,200 ft). gymnoxiphium, Alphitonia ponderosa, for Viola helenae on Kauai. Within this (B) Ferns and Allies. Styphelia tameiameiae, or Rauvolfia unit, the currently known primary Family Aspleniaceae: Ctenitis sandwicensis; and (2) elevations constituent elements of critical habitat between 530 to 915 m (1,700 to 3,000 ft). are habitat components that provide: (1) squamigera (pauoa) Stream banks or adjacent valley bottoms Critical habitat includes the Lanai Family Grammitidaceae: Adenophorus with light to moderate shade in unit A which is identified in paragraph periens (pendant kihi fern) Metrosideros polymorpha-Dicranopteris (a)(1)(i)(E) of this section. Within this linearis lowland wet forest; and (2) unit the primary constituent element is Kauai F, G, K, L, P, and R, identified elevations between 610–855 m (2,000– the forest understory in diverse mesic in the legal descriptions in paragraph 2,800 ft). forest or scrubby mixed mesic forest, (a)(1)(i)(A) of this section, constitute and containing one or more of the critical habitat for Adenophorus periens Family Violaceae: Viola kauaiensis var. following associated native plant on Kauai. Within these units, the wahiawaensis (nani wai‘ale‘ale) species: Nestegis sandwicensis, currently known primary constituent Kauai L, identified in the legal Coprosma sp., Sadleria sp., Selaginella elements of critical habitat are habitat description in paragraph (a)(1)(i)(A) of sp., Carex meyenii, Blechnum components that provide: (1) Well- this section, constitutes critical habitat occidentale, Pipturus sp., Melicope sp., developed, closed canopy that provides for Viola kauaiensis var. wahiawaensis Pneumatopteris sandwicensis, deep shade or high humidity (a) in on Kauai. Within this unit, the currently Pittosporum sp., Alyxia oliviformis, Metrosideros polymorpha-Cibotium known primary constituent elements of Freycinetia arborea, Antidesma sp., glaucum lowland wet forests, open critical habitat are habitat components Cyrtandra sp., Peperomia sp., Myrsine Metrosideros polymorpha montane wet that provide: (1) Open montane bog or sp., Psychotria sp., Metrosideros forest, or Metrosideros polymorpha- wet shrubland containing one or more polymorpha, Syzygium sandwicensis, Dicranopteris linearis lowland wet of the following native plant species: Melicope sp., Wikstroemia sp., forest, and (b) containing one or more of Dicranopteris linearis, Diplopterygium Microlepia sp., Doodia sp., Boehmeria the following native plant species: pinnatum, Syzygium sandwicensis, or grandis, Nephrolepis sp., Perrotettia Athyrium sandwicensis, Broussaisia sp., Metrosideros polymorpha; and (2) sandwicensis, or Xylosma sp.; and Cheirodendron trigynum, Cyanea sp., elevations between 640 and 865 m elevations between 380 and 917 m Cyrtandra sp., Dicranopteris linearis, (2,100 and 2,840 ft). (1,250 and 3,010 ft). Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, Family Violaceae: Viola lanaiensis (No Family Aspleniaceae: Diellia pallida Machaerina angustifolia, Psychotria sp., Common Name) (No Common Name) Psychotria hexandra, or Syzygium Critical habitat includes the Lanai Kauai G and I, identified in the legal sandwicensis; and (2) elevations unit A which is identified in paragraph descriptions in paragraph (a)(1)(i)(A) of between 400 and 1,265 m (1,310 and (a)(1)(i)(E) of this section. Within this this section, constitute critical habitat 4,150 ft). unit the primary constituent elements for Diellia pallida on Kauai. Within * * * * * are the moderate to steep slopes from these units, the currently known lower gulches to ridgetops, with a soil primary constituent elements of critical Dated: November 30, 2000. and decomposed rock substrate in open habitat are habitat components that Kenneth L. Smith, to shaded areas in Metrosideros provide: (1) Bare soil on steep, rocky, Acting Assistant Secretary for Fish and polymorpha-Dicranopteris linearis dry slopes (a) in lowland mesic forests Wildlife and Parks. montane mesic forest, lowland wet and (b) containing one or more of the [FR Doc. 00–31080 Filed 12–26–00; 8:45 am] forest or lowland mesic shrubland, and following native plant species: Acacia BILLING CODE 4310±55±P
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