Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53137 the Pacific Islands Ecoregion Office (see recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. ADDRESSES section). Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. Author Regulation Promulgation The author of this final rule is Marie 2. Section 17.12(h) is amended by M. Bruegmann, Pacific Islands Accordingly, the Service hereby adding the following, in alphabetical Ecoregion Office (see ADDRESSES amends part 17, subchapter B of chapter order under FLOWERING , to section). Substantial data were I, title 50 of the Code of Federal the List of Endangered and Threatened contributed by HHP and Steve Perlman Regulations, as set forth below: Plants to read as follows: and Ken Wood of HPCC. PART 17Ð[AMENDED] § 17.12 Endangered and threatened plants. List of Subjects in 50 CFR Part 17 * * * * * Endangered and threatened species, 1. The authority citation for part 17 (h) * * * Exports, Imports, Reporting and continues to read as follows:

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

FLOWERING PLANTS

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

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

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

*******

Dated: September 23, 1996. dipetalum var. tomentosum (a’e). All 13 FOR FURTHER INFORMATION CONTACT: John G. Rogers, taxa are endemic to the island of Brooks Harper, Field Supervisor, Acting Director, Fish and Wildlife Service. , Hawaiian Islands. The 13 Ecological Services, Pacific Islands [FR Doc. 96–25554 Filed 10–9–96; 8:45 am] taxa and their habitats have been Ecoregion (see ADDRESSES section) BILLING CODE 4310±55±P threatened by one or more of the (telephone: 808/541–3441; facsimile: following—competition for space, light, 808/541–3470). water, and nutrients by naturalized, SUPPLEMENTARY INFORMATION: 50 CFR Part 17 introduced vegetation; habitat degradation by wild, feral, or domestic Background RIN 1018±AD25 animals (, pigs, goats, and sheep); Clermontia drepanomorpha (’oha agricultural and residential Endangered and Threatened Wildlife wai), Cyanea platyphylla (haha), development and recreational activities; Hibiscadelphus giffardianus (hau and Plants; Determination of habitat loss and damage to plants from Endangered Status for Thirteen Plants kuahiwi), Hibiscadelphus hualalaiensis fires; predation by animals (cattle, pigs, (hau kuahiwi), zahlbruckneri From the Island of Hawaii, State of goats, sheep, insects, and rats); and Hawaii (alani), Neraudia ovata (no common natural disasters such as volcanic name (NCN)), racemosa AGENCY: Fish and Wildlife Service, activity. Due to the small number of (kiponapona), Phyllostegia velutina Interior. existing individuals and their very (NCN), Phyllostegia warshaueri (NCN), narrow distributions, these 13 taxa and ACTION: Final rule. Pleomele hawaiiensis (hala pepe), their populations are subject to an schattaueri (loulu), Sicyos SUMMARY: The U.S. Fish and Wildlife increased likelihood of extinction and/ alba (’anunu), and Service (Service) determines or reduced reproductive vigor from dipetalum var. tomentosum (a’e) all are endangered status pursuant to the natural disasters. This final rule endemic to the island of Hawaii, Endangered Species Act of 1973, as implements the Federal protection Hawaiian Islands. amended (Act), for 13 plants: provisions provided by the Act for listed The island of Hawaii is the Clermontia drepanomorpha (’oha wai), plants. Listing under the Act also southernmost, easternmost, and Cyanea platyphylla (haha), triggers listed status for these 13 taxa youngest of the eight major Hawaiian Hibiscadelphus giffardianus (hau under State law. Islands. Hawaii, the largest island of the kuahiwi), Hibiscadelphus hualalaiensis EFFECTIVE DATE: This rule takes effect Hawaiian archipelago comprises 10,458 (hau kuahiwi), Melicope zahlbruckneri November 12, 1996. square kilometers (sq km) (4,038 sq (alani), Neraudia ovata (no common ADDRESSES: The complete file for this miles (mi)), or two-thirds of the land name (NCN)), Phyllostegia racemosa rule is available for inspection, by area of the State of Hawaii, giving rise (kiponapona), Phyllostegia velutina appointment, during normal business to its common name, the ‘‘Big Island.’’ (NCN), Phyllostegia warshaueri (NCN), hours at the Pacific Islands Ecoregion, The Hawaiian Islands are volcanic Pleomele hawaiiensis (hala pepe), U.S. Fish and Wildlife Service, 300 Ala islands formed over a ‘‘hot spot,’’ a fixed Pritchardia schattaueri (loulu), Sicyos Moana Boulevard, Room 3108, Box area of pressurized molten rock deep alba (’anunu), and Zanthoxylum 50088, Honolulu, Hawaii 96850. within the Earth. As the Pacific Plate, a 53138 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations section of the Earth’s surface many to modern cropland (Cuddihy and Stone 1913, Skottsberg 1944, Stemmermann miles thick, has moved to the northwest, 1990, Gagne´ and Cuddihy 1990). and Jacobson 1987). Only 13 to 20 the islands of the chain have separated. The 13 taxa included in this rule individuals in two populations, Currently, this hot spot is centered occur between 120 and 1,850 m (400 bordering private ranch lands, were under the southeast part of the island of and 6,080 ft) in elevation in various known to be extant until recent surveys Hawaii, which is one of the most active portions of the island of Hawaii. Most (Corn 1983; HHP 1993a1, 1993a4; volcanic areas on Earth. Five large of the taxa exist as remnant plants Hawaii Plant Conservation Center shield volcanoes make up the island of persisting in grazed areas or in higher (HPCC) 1993a; Marie M. Bruegmann, Hawaii: Mauna Kea at 4,205 meters (m) elevations which have only recently U.S. Fish and Wildlife Service (13,796 feet (ft)) and Kohala at 1,670 m been heavily invaded by alien plant and (USFWS), in litt., 1994; Carolyn Corn, (5,480 ft), both extinct; Hualalai, at animal taxa. The thirteen taxa grow in Hawaii Division of Forestry and 2,521 m (8,271 ft), which is dormant a variety of vegetation communities Wildlife (DOFAW), in litt., 1994). In and will probably erupt again; and (pioneer lava, shrublands, and forests), 1995, the Service contracted the at 4,169 m (13,677 ft) and elevational zones (lowland and National Tropical Botanical Garden Kilauea at 1,248 m (4,093 ft), both of montane) and moisture regimes (dry, (NTBG) to conduct a thorough survey of which are currently active and adding mesic, and wet). In lowland habitats, the the Kohala area. Approximately five land area to the island. Compared to 13 taxa are found in pioneer lava, populations totalling 200 individuals of , which is the oldest of the main shrubland, dry forest, mesic forest, and Clermontia drepanomorpha were found islands and was formed about 5.6 wet forest. In montane habitats, the within a 3.2 km (2 mi) by 8 km (5 mi) million years ago, Hawaii is very young, thirteen taxa are found in dry forest, State-owned area of the only remaining with fresh lava and land up to 0.5 mesic forest, and wet forest. habitat for the species (Diane Ragone million years old (Cuddihy and Stone The lands on which these 13 plant and Ken Wood, NTBG, in litt., 1995). 1990, Culliney 1988, Department of taxa are found are owned by various This species typically grows in Geography 1983, Macdonald et al. private parties, the State of Hawaii (’ohi’a), 1983). (including conservation district lands, Cheirodendron trigynum (’olapa), and Because of the large size and range of forest reserves, natural area reserves, Cibotium glaucum (hapu‘u) dominated elevation of the island, Hawaii has a and plant and wildlife sanctuaries), or Montane Wet Forests, often great diversity of climates. Windward are owned or managed by the Federal epiphytically, at elevations between (northeastern) slopes of Mauna Loa have government (including a U.S. Fish and 1,170 and 1,570 m (3,850 and 5,150 ft) rainfall up to 300 centimeters (cm) (118 Wildlife Service refuge, a National Park, (Corn 1983; HHP 1993a1, 1993a4; HPCC inches (in)) per year in some areas. The and a U.S. Army training area). 1993a). Associated taxa include Carex leeward coast, shielded by the Discussion of the 13 Taxa Included in alligata, Melicope clusiifolia (alani), mountains from rain brought by trade This Final Rule Styphelia tameiameiae (pukiawe), winds, has areas classified as desert that Astelia menziesii (pa’iniu), Rubus receive as little as 20 cm (7.9 in) of rain Joseph F. Rock (1913) named hawaiiensis (’akala), Cyanea pilosa annually. The summits of Mauna Loa Clermontia drepanomorpha on the basis (haha), and Coprosma sp. (pilo) (HHP and Mauna Kea experience snowfall of specimens collected in the Kohala 1993a1, HPCC 1993a). each year, and Mauna Kea was glaciated Mountains of the island of Hawaii in the The major threats to Clermontia during the last Ice Age (Culliney 1988, early 1900’s. This was drepanomorpha are ditch Department of Geography 1983, retained in the latest treatment of the improvements, competition from alien Macdonald et al. 1983, Wagner et al. (Lammers 1990). plant taxa, like Rubus rosifolius 1990). Clermontia drepanomorpha, of the (thimbleberry), habitat disturbance by Plant communities on Hawaii include bellflower family (Campanulaceae), is a feral pigs (Sus scrofa); girdling of the those in various stages of primary terrestrial or epiphytic (not rooted in the stems by rats (Rattus spp.); and a risk of succession on the slopes of active and soil), branching 2.5 to 7 m (8.2 to extinction from naturally occurring dormant volcanoes, ones in stages of 23 ft) tall. The stalked are 10 to events (such as hurricanes) and/or secondary succession following 27 cm (4 to 11 in) long and 1.5 to 4.5 reduced reproductive vigor due to the disturbance, and relatively stable climax cm (0.6 to 1.8 in) wide. Two to four small number of existing populations communities. On Hawaii, vegetation is flowers, each with a stalk 2 to 3.5 cm (Bruegmann 1990, Center for Plant found in all classifications—coastal, (0.8 to 1.4 in) long, are positioned at the Conservation (CPC) 1990, HHP 1993a1, dryland, montane, subalpine, and end of a main flower stalk 5 to 12 cm HPCC 1993a). alpine; dry, mesic, and wet; and (2 to 5 in) long. The calyx (fused ) Asa Gray (1861) named Delissea herblands, grasslands, shrublands, and corolla (fused petals) are similar in platyphylla from a specimen collected forests, and mixed communities. The size and appearance, and each forms a by Horace Mann and W.T. Brigham in vegetation and land of the island of slightly curved, five-lobed tube 4 to 5.5 the Puna District of the island of Hawaii have undergone much change cm (1.6 to 2.2 in) long and 1.5 to 2 cm Hawaii. Wilhelm Hillebrand (1888) through the island’s history. Since it is (0.6 to 0.8 in) wide which is blackish transferred the species to Cyanea, an area of active volcanism, vegetated purple. The berries are orange and 2 to creating Cyanea platyphylla. Harold St. areas are periodically replaced with bare 3 cm (0.8 to 1.2 in) in diameter. This John (1987a, St. John and Takeuchi lava. Polynesian immigrants, first species is distinguished from others in 1987), believing there to be no generic settling on Hawaii by 750 A.D., made this endemic Hawaiian genus by similar distinction between Cyanea and extensive alterations to lowland areas sepals and petals, the long drooping Delissea, transferred the species back to for agriculture and habitation. European , and large blackish purple the genus Delissea, the older of the two contact with Hawaii brought intentional flowers (Lammers 1990, Rock 1919). generic names. The current treatment of and inadvertent introductions of alien Historically, Clermontia the family (Lammers 1990), however, plant and animal taxa. In 1960, 65 drepanomorpha was known from four maintains the separation of the two percent of the total land area of the populations in the Kohala Mountains on genera. The following taxa have been island of Hawaii was used for grazing, the island of Hawaii (Hawaii Heritage synonymized with Cyanea platyphylla: and much land has also been converted Program (HHP) 1993a1 to 1993a4, Rock C. bryanii, C. crispohirta, C. fernaldii, C. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53139 nolimetangere, C. pulchra, and C. Linda Pratt, Hawaii Volcanoes National wild, from Kipuka Puaulu (or Bird Park) rollandioides. However, some field Park (HVNP), pers. comms., 1991 and in HVNP. This tree died in 1930, but biologists feel that C. fernaldii, 1994). plants exist in cultivation from seeds represented by the Laupahoehoe Cyanea platyphylla is typically found originally collected by Giffard before the populations, is a distinct entity that in Metrosideros polymorpha (’ohi’a)— tree died (Degener 1932a). Cuttings from should be resurrected as a separate (koa) Lowland and Montane these cultivated have been planted species (Frederick Warshauer, National Wet Forests at elevations between 120 back into the now fenced original Biological Service, pers. comm., 1994). and 915 m (390 and 3,000 ft) (Lammers habitat at Kipuka Puaulu and currently Cyanea platyphylla, of the bellflower 1990). Associated taxa include Cibotium nine mature plants and two suckers are family, is an unbranched palm-like sp. (hapu‘u), Athyrium sandwichianum known to exist (Baker and Allen 1977; shrub 1 to 3 m (3 to 10 ft) tall with stems (ho’i’o), Antidesma sp. (hame), Bishop and Herbst 1973; HHP 1991b; that are covered with short, sharp, pale Clermontia spp. (’oha wai), Hedyotis sp. HPCC 1991b1, 1991b2; M. Bruegmann, spines on the upper portions, especially (pilo), and Cyrtandra spp. (ha’iwale) in litt., 1994). Individuals planted in as juveniles. This species has different (HHP 1991a6, HPCC 1991a). Kipuka Ki were later determined to be leaves in the juvenile and adult plants. The major known threats to Cyanea hybrids and were removed by Park The juvenile leaves are 10.5 to 25 cm platyphylla are pigs; habitat-modifying personnel (Baker and Allen 1977, (4.1 to 10 in) long and 4 to 7.5 cm (1.6 introduced plant taxa, including Mueller-Dombois and Lamoureux 1967). to 3.0 in) wide, with prickles on leaves Psidium cattleianum (strawberry guava), The cultivated plants in Kipuka Puaulu and stalks. Adult leaves are 34 to 87 cm Psidium guajava (guava), Passiflora have spontaneously produced fertile (13 to 34 in) long and 7 to 22 cm (2.8 ligularis (sweet granadilla), and hybrids with cultivated plants of to 8.7 in) wide, and are only sparsely thimbleberry; rats, which may eat the Hibiscadelphus hualalaiensis that were prickled. Six to 25 flowers are clustered ; and volcanic activity (Cuddihy et also planted into Kipuka Puaulu and on the end of a main stalk 20 to 90 cm al. 1982; HHP 1991a6, 1991a9; HPCC Kipuka Ki. Both the Hibiscadelphus (8 to 35 in) long, and each flower has 1991a; M. Bruegmann, in litt., 1994; L. hualalaiensis and the hybrids have been a stalk 1 to 2.5 cm (0.4 to 1 in) long. The Pratt, pers. comm., 1994). Another removed from the Park (Baker and Allen hypanthium is topped by five small, threat is the risk of extinction from 1976a, 1977; Carr and Baker 1977). triangular calyx lobes. Petals, which are naturally occurring events and/or Hibiscadelphus giffardianus has been white or yellowish white with magenta reduced reproductive vigor due to the listed as endangered in the IUCN Plant stripes, are fused into a curved tube low numbers of populations and Red Data Book (Lucas and Synge 1978). with five spreading lobes. The corolla is individuals. This taxon grows in mixed Montane 4.2 to 5.4 cm (1.7 to 2.1 in) long and 5 Rock (Radlkofer and Rock 1911) Mesic Forest at elevations between to 10 millimeters (mm) (0.2 to 0.4 in) named Hibiscadelphus giffardianus to 1,200 and 1,310 m (3,900 and 4,300 ft) wide. Berries are pale orange, 8 to 10 honor W.M. Giffard, who first saw the (Bates 1990; HHP 1991b; HPCC 1991b1, mm (0.3 to 0.4 in) long, and 6 to 8 mm taxon in 1911. This species was used as 1991b2). Associated taxa include ’ohi’a, (0.2 to 0.3 in) wide. The species differs the type specimen to describe koa, saponaria (a’e), ho’i’o, from others in this endemic Hawaiian Hibiscadelphus as a new genus, Coprosma sp. (pilo), albidus genus by its juvenile and adult leaves, meaning ‘‘brother of ’’ (Bryan (mamaki), Psychotria sp. (kopiko), precocious flowering, and smaller 1971). This taxonomy was retained in Nestegis sandwicensis (olopua), flowers (Lammers 1990). the latest treatment of the genus (Bates Melicope sp. (alani), Dodonaea viscosa Cyanea platyphylla was historically 1990). (’a’ali’i), Myoporum sandwicense (naio), known from the Kohala Mountains, Hibiscadelphus giffardianus, of the and introduced grasses (HHP 1991b; Laupahoehoe in the Hamakua District, mallow family (), is a tree up HPCC 1991b1, 1991b2). in the mountains above Hilo, Pahoa, to 7 m (23 ft) tall with the trunk up to The major threats to Hibiscadelphus Glenwood, Honaunau in South Kona, 30 cm (12 in) in diameter and whitish giffardianus are bark, flower, and fruit and the unknown location bark. The blades are heart-shaped feeding by roof rats (Rattus rattus); leaf ‘‘Kalanilehua’’ (HHP 1991a1 to 1991a4, and 10 to 30 cm (4 to 12 in) long with damage in the form of stippling and 1991a7, 1991a8, 1991a11, 1991a12, a broad tip, a notched base, and stalks yellowing by Sophonia rufofascia (two- 1993b; Rock 1917, 1919, 1957; nearly as long as the blades. Flowers are spotted leafhopper) and yellowing by Skottsberg 1926; Wimmer 1943 and typically solitary in the axils of the the native plant bug Hyalopeplus 1968). One population of five mature leaves and have stalks 1.5 to 4 cm (0.6 pellucidus; competition from the alien individuals and two juveniles is known to 1.6 in) long. Five to seven filament- grasses Ehrharta stipoides (meadow to still exist in Laupahoehoe Natural like bracts are borne below each flower ricegrass), Paspalum conjugatum (Hilo Area Reserve (NAR) (CPC 1989, 1990; and the calyx is pouch-like. The grass), and Paspalum dilatatum (Dallis Cuddihy et al. 1982; HHP 1991a6; HPCC overlapping petals form a curved grass); habitat change from volcanic 1991a; C. Corn, in litt., 1994), which is bisymmetrical flower with the upper activity; and a risk of extinction from owned and managed by the State of petals longer, typical of bird-pollinated naturally occurring events and/or Hawaii. Approximately four additional flowers. The flowers are grayish green reduced reproductive vigor due to the populations, totalling 50 to 100 on the outside and dark magenta within, small number of existing cultivated individuals, were recently rediscovered and 5 to 7 cm (2 to 3 in) long. The fruit individuals, all from a single parent during surveys by NTBG in the Kohala is woody with star-shaped hairs. This (Baker and Allen 1978; M. Bruegmann, Mountains (D. Ragone and K. Wood, in species differs from others in this in litt., 1994; L. Pratt, pers. comm., litt., 1995). Two additional populations endemic Hawaiian genus by its flower 1994). Cattle (Bos taurus) were known in Laupahoehoe NAR have not been color, flower size, and filamentous in the area before it became a National seen since 1982 and could not be bracts (Baker and Allen 1976b, Bates Park and probably had a large influence relocated in 1989. The extant 1990, Degener 1932a, Degener and on the habitat (Anonymous 1920, Rock Laupahoehoe population has been spot- Degener 1977, Radlkofer and Rock 1913, St. John 1981). fenced by the NAR System to protect it 1911). Rock (Radlkofer and Rock 1911) from pig depredation (Cuddihy et al. Only one tree of Hibiscadelphus named Hibiscadelphus hualalaiensis 1982; HHP 1991a5, 1991a9, 1991a10; giffardianus has ever been known in the after Hualalai, the volcano on which the 53140 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations plant was found in 1909 (Rock 1913). Pennisetum clandestinum (kikuyu 1994). The species is reproducing at this This taxonomy was retained in the latest grass) (HHP 1993c3; HPCC 1991c, fenced site, and juvenile plants are treatment of the genus (Bates 1990). 1992a; J. Lau, in litt., 1991). present (L. Pratt, pers. comm., 1994). Hibiscadelphus hualalaiensis, of the The major threats to Hibiscadelphus This species is found in koa- and ’ohi’a- mallow family, is a tree 5 to 7 m (16 to hualalaiensis are fire; cattle, pigs, and dominated Montane Mesic Forest at 23 ft) tall with the trunk up to 30 cm sheep (Ovis aries) that may get through elevations between 1,195 and 1,300 m (12 in) in diameter and whitish bark. the fence; flower and seed feeding by (3,920 and 4,265 ft) (HHP 1991c2, HPCC The leaf blades are heart-shaped and 10 roof rats; competition from alien plants 1991d, Stone et al. 1990). Associated to 15 cm (4 to 6 in) long with a broad such as kikuyu grass and Lantana taxa include pilo, a’e, mamaki, kopiko, tip, a notched base, stellate hairs, and camara (lantana); ranching activities; olopua, naio, Pisonia sp. (papala), stalks 4 to 10 cm (1.5 to 4 in) long. One habitat change from volcanic activity; several species of Melicope (alani), or two flowers are borne in the axils of and a risk of extinction from naturally ho’i’o, ’a’ali’i, and the introduced the leaves and have stalks 1.5 to 14 cm occurring events and/or reduced grasses, meadow ricegrass, Hilo grass, (0.6 to 5.5 in) long. Five toothlike bracts reproductive vigor due to the small and Dallis grass (HHP 1991c2; HPCC are borne below each flower and the number of known cultivated individuals 1991d; M. Bruegmann, in litt., 1994; L. calyx is tubular or pouch-like. The from a single parent (Anonymous 1920; Pratt, pers. comm., 1994). overlapping petals form a curved Baker and Allen 1978; HHP 1993c3; The major threats to Melicope bisymmetrical flower with longer upper HPCC 1991c, 1992a; M. Bruegmann, in zahlbruckneri are the two-spotted petals, typical of bird-pollinated litt., 1994). leafhopper; competition from flowers. The flowers are greenish yellow Based on a specimen he collected in introduced grasses (meadow ricegrass, on the outside and yellowish green, 1911 in Kipuka Puaulu, on the island of Hilo grass, and Dallis grass); habitat fading to purplish within, and 2 to 5.5 Hawaii, Rock (1913) described Pelea change due to volcanic activity; cm (0.8 to 2.2 in) long. The fruit is zahlbruckneri, in honor of Dr. A. potential fruit damage by rats; and a risk woody and the seeds have a dense Zahlbruckner, director of the Botanical of extinction from naturally occurring covering of hairs. The species differs Museum in Vienna. Pelea has since events and/or reduced reproductive from others in this endemic Hawaiian been submerged into Melicope, creating vigor due to the small number of genus by its flower color, smaller flower the combination Melicope zahlbruckneri individuals in the one remaining size, and toothlike bracts (Baker and (Stone et al. 1990). population (HPCC 1991d; M. Allen 1976b, Bates 1990, Degener Melicope zahlbruckneri, of the citrus Bruegmann, in litt., 1994; L. Pratt, pers. 1932b, Radlkofer and Rock 1911). family (), is a medium-sized comm., 1994). Hibiscadelphus hualalaiensis was tree 10 to 12 m (33 to 40 ft) tall. New Neraudia pyrifolia was named by historically known from three growth is covered with yellowish Charles Gaudichaud-Beaupre´ from populations, located in the Puu Waawaa brown, fine, short, curly hairs. The material he collected in the early 1800’s region of Hualalai, on the island of opposite, stalked, elliptically oblong on the island of Hawaii (Cowan 1949). Hawaii (HHP 1993c1 to 1993c3; HPCC leaves are 6 to 24 cm (2.4 to 9.5 in) long This name was determined to be 1990a, 1991c, 1992a). The last known and 4 to 12.5 cm (1.6 to 4.9 in) wide, invalidly published, lacking an wild tree was in Puu Waawaa I Plant with well defined lateral veins. Clusters adequate description. Gaudichaud- Sanctuary, owned and managed by the of two to five flowers have main Beaupre´ named Neraudia ovata from an Department of Land and Natural flowering stalks 15 to 20 cm (5.9 to 7.9 additional specimen, and this has been Resources, State of Hawaii. This tree in) long and each flower has a stalk maintained in the current taxonomic died in 1992, but 12 cultivated trees about 0.4 cm (0.2 in) long. Female treatment for the species. H.A. Weddell have been planted within the fenced flowers consist of four sepals about 1.5 considered this taxon a variety of sanctuary (HHP 1993c2; M. Bruegmann, mm (0.05 in) long, four petals about 3 Neraudia melastomifolia, but this has in litt., 1994; Joel Lau, HHP, in litt., mm (0.1 in) long, an eight-lobed nectary not been upheld by other taxonomists. 1991). In addition, approximately ten disk, eight reduced and nonfunctional S.L. Endlicher and E.G. Steudel placed cultivated plants can be found near the stamens, and a hairless four-celled this species in the genus Boehmeria, but State’s Kokia Sanctuary in Kaupulehu ovary. Male flowers consist of four the current taxonomic treatment (HPCC 1990a; Steven Bergfeld, pers. sepals 3.5 mm (0.01 in) long, four petals maintains Neraudia as an endemic comm., 1994). Cultivated individuals about 6 mm (0.2 in) long, and eight Hawaiian genus. Harold St. John named were planted in Kipuka Puaulu in functional stamens in two whorls equal a new species, Neraudia cookii, from a HVNP, but were removed to prevent to or longer than the petals. The fruit is collection by David Nelson on Cook’s further hybridization with the squarish, 12 to 14 mm (0.4 to 0.5 in) 1779 voyage to Hawaii (St. John 1976). Hibiscadelphus giffardianus plants that long, and up to 30 mm (1.2 in) wide. That specimen is considered to be are native to the kipuka (Baker and Melicope zahlbruckneri is distinguished Neraudia ovata in the current Allen 1977, 1978). The area where the from other species of the genus by its taxonomic treatment (Cowan 1949, plants are presently found is branching habit, large leaves, and very Wagner et al. 1990). surrounded by State land that is leased large, squarish capsules (Rock 1913, Neraudia ovata, of the nettle family for cattle ranching. Stone 1969, Stone et al. 1990). (), is a sprawling or rarely This species grows in mixed Dry to Historically, Melicope zahlbruckneri erect shrub to a small tree, with stems Mesic Forest remnants on lava fields, at was known only from the island of 1 to 3 m (3 to 10 ft) long, and branches elevations between 915 and 1,020 m Hawaii near Glenwood, in Kipuka bearing short, somewhat erect hairs. The (3,000 and 3,350 ft) (Bates 1990; HHP Puaulu, and at Moaula in Kau (Degener alternate, thin, stalked leaves are 1993c3; HPCC 1991c, 1992a). 1930, HHP 1991c1 to 1991c3, HPCC smooth-margined, grayish on the Associated taxa include ’ohi’a, 1991d, Rock 1913, Stone 1969, Stone et undersurface, 5 to 14 cm (2 to 5.5 in) (lama), Sophora al. 1990). Today, the species is known long and 2 to 6.5 cm (0.8 to 2.6 in) wide, chrysophylla (mamane), naio, Pouteria to be extant only in Kipuka Puaulu, on and have spreading, curved, nearly sandwicensis (’ala’a), Charpentiera sp. land owned by HVNP, with 30 to 35 translucent hairs. Male and female (papala), sp. (’aiea), individuals remaining (HHP 1991c2; flowers are found on separate plants. Claoxylon sandwicense (po’ola), and HPCC 1991d; L. Pratt, pers. comm., Male flowers have extremely short Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53141 stalks and a densely hairy calyx. Female island of Hawaii, Bentham named 1991e1, 1991e4; HPCC 1991e; Wagner et flowers have no stalks and a densely Phyllostegia racemosa in 1830 (Sherff al. 1990; J. Jeffrey, in litt., 1993). hairy, boat-shaped calyx. The fruit is an 1935). The current treatment of the The major threats to Phyllostegia achene (a dry one-seeded fruit that does genus includes E.E. Sherff’s (1935) racemosa are habitat disturbance by not open at maturity). This species is Phyllostegia racemosa var. bryanii with feral pigs and cattle; logging; distinguished from others in this Phyllostegia mannii, rather than with competition from alien plant taxa, such endemic Hawaiian genus by the density, this species (Wagner et al. 1990). as banana poka, kikuyu grass, length, and posture of the hairs on the Phyllostegia racemosa, of the mint Anthoxanthum odoratum (sweet lower leaf surface; smooth leaf margin; family (), is a climbing vine vernalgrass), and Paspalum urvillei and the boat-shaped calyx of the female with many-branched, square stems and (Vasey grass); habitat change due to flower (Cowan 1949, Wagner et al. spicy-smelling leaves. Leaves are volcanic activity; and a risk of 1990). opposite, moderately covered with extinction from naturally occurring Historically, Neraudia ovata was short, soft hairs, dotted with small events and/or reduced reproductive found on the island of Hawaii on the glands, 3.4 to 6 cm (1.3 to 2.4 in) long, vigor due to the small number of Kona coast from North Kona to Kau and 1.4 to 4.3 cm (0.6 to 1.7 in) wide, existing populations and individuals (Cowan 1949; HHP 1991d1 to 1991d3, with shallow, rounded teeth. The leaf (Clarke et al. 1983; HHP 1991e1, 1993d1 to 1993d7; Hillebrand 1888; St. stalks are densely covered with short 1991e4; HPCC 1991e; Pratt and Cuddihy John 1976 and 1981; Skottsberg 1944). hairs. Flower clusters, densely covered 1990). One extant population of five with short soft hairs, are comprised of Based on a specimen collected on individuals is known from privately 6 to 12 flowers with individual flower Mauna Kea by the U.S. Exploring owned land in Kaloko, North Kona stalks 1 to 3 mm (0.04 to 0.12 in) long Expedition in 1840, Sherff described a (Nishida 1993; Warshauer and Gerrish and leaflike bracts. The green bell- new variety of Phyllostegia 1993; M. Bruegmann, in litt., 1994; shaped calyx is about 3.5 to 5 mm (0.1 macrophylla, variety velutina, named Winona Char, Char and Associates, in to 0.2 in) long, covered with glands, and for its velvety leaves and stems (Sherff 1935). St. John (1987b) determined that litt., 1995). An additional population of has triangular lobes. The white corolla this entity was sufficiently different to six individuals was rediscovered in late is two-lipped, with a tube about 7 to 10 constitute a separate species, 1995 at the boundary of the U.S. Army’s mm (0.3 to 0.4 in) long, upper lip 2 to Phyllostegia velutina, which has been Pohakuloa Training Area (HHP 1993d4, 2.5 mm (0.08 to 0.1) long, and lower lip maintained in the current treatment of 1993d5; M. Bruegmann, in litt. 1996). 4 to 5 mm (0.16 to 0.2 in) long. Neraudia ovata grows in open ’ohi’a- the genus (Wagner et al. 1990). are divided into four nutlets about 1.5 and mamane-dominated Lowland and Phyllostegia velutina, of the mint to 2 mm (0.06 to 0.08 in) long. This Montane Dry Forests at elevations of family, is a climbing vine with dense, species is distinguished from others in 115 m (380 ft) at Kaloko and 1,325 and backward-pointing hairs on the leaves this genus by its leaf shape, lack of a 1,520 m (4,350 to 5,000 ft) at Pohakuloa and square stems. The hairs are silky on main stalk to the flower clusters, and Training Area (HHP 1993d4, 1993d5; the opposite, narrow, toothed leaves, Nishida 1993; M. Bruegmann, in litt., calyx teeth that are rounded and which are 9.2 to 17.5 cm (3.6 to 6.9 in) 1994, 1996; R. Shaw, in litt. 1996). shallow (Hillebrand 1888, Sherff 1935, long and 2.5 to 5 cm (1 to 2 in) wide. Associated taxa include Reynoldsia Wagner et al. 1990). Six to 10 flowers are borne in an sandwicensis (’ohe), naio, Cocculus Historically, Phyllostegia racemosa unbranched inflorescence with triloba (huehue), Myrsine sp. (kolea), was found only on the island of Hawaii conspicuous leaflike bracts. The green and Schinus terebinthifolius (Christmas in the Hakalau and Saddle Road areas bell-shaped calyx is 6 to 7 mm (0.2 to berry), as well as the federally of Mauna Kea and the Kulani/Keauhou 0.3 in) long, densely covered with endangered Nothocestrum breviflorum and Kipuka Ahiu areas of Mauna Loa upward-pointing hairs, and has (ai’ae) and Pleomele hawaiiensis (hala (Clarke et al. 1983; HHP 1990a1, triangular lobes. The white corolla is pepe), and other species of concern, 1991a2, 1991e1 to 1991e4; Pratt and densely covered with upward-pointing including sandwichiana (pua Cuddihy 1990; Sherff 1935, 1951; Jack hairs and is two-lipped, with a slightly pilo), Fimbristylis hawaiiensis, and Jeffrey, USFWS, in litt., 1993; Jaan curved tube about 12 mm (0.4 in) long, Bidens micrantha ssp. ctenophylla Lepson, University of Hawaii (UH), in upper lip 5 to 7 mm (0.2 to 0.3 in) long, (ko’oko’olau) (Nishida 1993; Warshauer litt., 1990). Today, four populations of and lower lip 4 to 5 mm (0.1 to 0.2 in) and Gerrish 1993; M. Bruegmann, in the species are known to occur on long. Fruits are divided into four nutlets litt., 1994, 1996). private and State lands in the Kulani/ about 4 to 5 mm (0.1 to 0.2 in) long. The major threats to Neraudia ovata Keauhou area, on Federal land managed This species is distinguished from are heavy browsing and habitat as the Hakalau National Wildlife Refuge, others in this genus by its silky hairs, modification by feral sheep and goats and in Hawaii Volcanoes National Park. lack of a main stalk to the flower (Capra hircus); competition from alien Together, these four populations clusters, and calyx teeth that are narrow plants such as Christmas berry, comprise 25 to 45 individuals (HHP and sharply pointed (Sherff 1935, Leucaena leucocephala (koa haole), and 1991e1, 1991e4; HPCC 1991d; J. Jeffrey, Wagner et al. 1990). Pennisetum setaceum (fountain grass); in litt., 1993; J. Lepson, in litt., 1993; J. Historically, Phyllostegia velutina habitat change due to volcanic activity; Jeffrey, pers. comm., 1994; L. Pratt, pers. occurred on the island of Hawaii on the residential development; insects, like comm., 1995). southern slopes of Hualalai and the spiralling whitefly (Aleurodicus Phyllostegia racemosa is typically eastern, western, and southern slopes of dispersus); and a risk of extinction from found epiphytically in disturbed koa-, Mauna Loa (Clarke et al. 1983, HHP naturally occurring events and/or ’ohi’a-, and hapu‘u-dominated Montane 1991f1 to 1991f4, Sherff 1935, Wagner et reduced reproductive vigor due to the Mesic or Wet Forests at elevations al. 1990). Three extant populations are small number of existing individuals in between 1,400 and 1,850 m (4,650 to known to occur at Puu Waawaa on a the two remaining populations (Nishida 6,070 ft). Associated taxa include State-owned wildlife sanctuary, in 1993; M. Bruegmann, in litt., 1994, Vaccinium calycinum (ohelo), Rubus Honuaula Forest Reserve on State- 1996). From a specimen collected by hawaiiensis (akala), and Dryopteris owned land, and at Kulani/Keauhou on James Macrae on Mauna Kea, on the wallichiana (Clarke et al. 1983; HHP a State-owned correctional facility and 53142 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations adjacent privately owned land (Clarke et The opposite, nearly hairless, toothed this genus to be part of the larger genus al. 1983; HHP 1991f1; HPCC 1990b, leaves are 9.5 to 20 cm (3.7 to 7.9 in) , but this combination is no 1991f, 1992b; S. Bergfeld, in litt., 1995; long and 2 to 6.6 cm (0.8 to 2.6 in) wide. longer used. St. John (1985) M. Bruegmann, in litt., 1994; Jon Giffin, Six to 14 flowers are borne in an distinguished two separate species, DOFAW, pers. comm., 1994). unbranched inflorescence up to 20 cm Pleomele haupukehuensis and P. Approximately 30 to 55 plants are (7.9 in) long with a main stalk 25 to 40 konaensis, which the current treatment known from these three populations mm (1.0 to 1.6 in) long and conspicuous includes in Pleomele hawaiiensis (HHP 1991f1; HPCC 1990b, 1991f, leaflike bracts. The green, hairless, cone- (Wagner et al. 1990). 1992b; S. Bergfeld, in litt., 1995; M. shaped calyx is 6 to 8 mm (0.2 to 0.3 Pleomele hawaiiensis, of the agave Bruegmann, in litt., 1994). A fourth in) long and has triangular lobes. The family (Agavaceae), is a branching tree, population has been reported from the corolla is white with a dark rose upper 5 to 6 m (16 to 20 ft) tall, with leaves general area of Waiea Tract in South lip, sparsely hairy, and has a tube about spirally clustered at the tips of branches Kona, but the exact location and current 18 to 20 mm (0.7 to 0.8 in) long, upper and leaving large brown leaf scars as status of this population are unknown lip about 6 mm (0.2 in) long, and lower they fall off. The leaves measure 23 to (HHP 1991f2). lip 12 to 15 mm (0.5 to 0.6) long. Fruits 38 cm (9 to 15 in) long and 1.4 to 2.7 Phyllostegia velutina typically grows are divided into four nutlets about 6 to cm (0.6 to 1 in) wide. Flowers are in ’ohi’a- and koa-dominated Montane 7 mm (0.2 to 0.3 in) long. This species numerous in terminal clusters with a Mesic and Wet Forests at elevations is distinguished from others in this main stalk 6 to 13 cm (2 to 5 in) long between 1,490 and 1,800 m (4,900 and genus by its long main stalk to the and individual flower stalks 5 to 12 mm 6,000 ft). Associated taxa include flower clusters, toothed leaves, and the (0.2 to 0.5 in) long. The three sepals and hapu‘us, Cheirodendron trigynum distribution of hairs (Sherff 1935, three petals of the flower are similar and (’olapa), ’ohelo, pilo, Dryopteris Wagner et al. 1990). pale yellow, 33 to 43 mm (1.3 to 1.7 in) wallichiana, akala, mamaki, ho’i’o, Historically, Phyllostegia warshaueri long, with a constricted base. The fruit Myrsine sp. (kolea), and Ilex anomala was found only on the island of Hawaii, is a red berry about 10 to 13 mm (0.4 (kawa’u) (Clarke et al. 1983; HHP in the Hamakua region on the northern to 0.5 in) long. This species differs from 1991f1; HPCC 1990b, 1991f, 1992b; slopes of Mauna Kea and in the Kohala other Hawaiian species in this genus by Wagner et al. 1990). Mountains (Clarke et al. 1981; Cuddihy its pale yellow flowers, the size of the Threats to Phyllostegia velutina are et al. 1982; HHP 1991g1 to 1991g3, flowers, the length of the constricted habitat damage by cattle, feral pigs and 1993e). The only known individuals base of the flower, and the width of the sheep; prison facility expansion, road occur in two populations in the Kohala leaves (Degener and Degener 1930, St. clearing, and logging; competition from Mountains near the Hamakua Ditch John 1985, Wagner et al. 1990). alien plants, such as kikuyu grass, Trail in the Kohala Mountains, on Historically, Pleomele hawaiiensis Rubus ellipticus (yellow Himalayan privately owned land (HPCC 1992c; M. was found only on the island of Hawaii raspberry), Vasey grass, and fountain Bruegmann, in litt., 1994; D. Ragone and ranging from Hualalai to Kau (Degener grass; fire; habitat change due to K. Wood, in litt., 1995). The total and Degener 1980; HHP 1991h1 to volcanic activity; and a risk of number of individuals is 5 to 10 (D. 1991h8, 1993f1 to 1993f4; HPCC 1991g, extinction from naturally occurring Ragone and K. Wood, in litt., 1995). This 1992d, 1993b; St. John 1985; Tunison et events and/or reduced reproductive species grows in ’ohi’a and hapu’u al. 1991; Wagner et al. 1990). Six to vigor due to the small number of Montane Wet Forest in which koa or eight populations are currently known— existing populations and individuals olapa may codominate, at elevations one to three in the Puu Waawaa region (HHP 1991f1; HPCC 1990b, 1991f, between 730 and 1,150 m (2,400 and of Hualalai on State-leased and private 1992b; M. Bruegmann, in litt., 1994). 3,770 ft) (Clarke et al. 1981; Cuddihy et land; two in the Kaloko/Kaloao area on Phyllostegia ambigua var. longipes al. 1982; HHP 1991g1, 1991g2; HPCC private land; two in the Kapua/Kahuku was first collected by J.M. Lydgate and 1992c; Wagner et al. 1990). Associated area on private land; and one on Holei named by Hillebrand (1888). The type taxa include Sadleria sp. (’amau), Pali within HVNP. These populations locality was suggested to be ‘‘probably hapu‘us, Broussaisia arguta (kanawao), total 300 to 400 individuals (Char 1987; East ’’ (Hillebrand 1888), but this is mamaki, Dubautia plantaginea HHP 1991h1, 1991h2, 1991h4, 1991h5, assumed to be in error since Rock’s field (na’ena’e), ’oha wai, ho’i’o, Machaerina 1993f3, 1993f4; HPCC 1991g, 1992d, notes indicate that he and Lydgate were angustifolia (’uki’uki), Cyanea pilosa 1993b; Nagata 1984; Nishida 1993; in the Kohala Mountains at the time of (haha), and other species of Cyanea Tunison et al. 1991; M. Bruegmann, in that collection (Cuddihy 1982, Wagner (HPCC 1992c). litt., 1994, 1996; W. Char, in litt., 1995; et al. 1990). E.E. Sherff did not consider The major threats to Phyllostegia Samuel Gon III, HHP, in litt., 1992; J. Phyllostegia ambigua different from warshaueri are by Lau, in litts., 1990 and 1993; L. Pratt, in Phyllostegia brevidens, and created the pigs; competition from alien plant taxa, litt., 1994; W. Char, pers. comm., 1994; combination Phyllostegia brevidens var. like thimbleberry, strawberry guava, Clyde Imada, Bishop Museum, pers. longipes (Sherff 1935). Based on newly Setaria palmifolia (palmgrass), Juncus comm., 1994). The only populations collected material, St. John considered planifolius, and Tibouchina herbacea that are successfully reproducing are at this variety sufficiently different to (glorybush); ditch improvements and Kaloko and Holei Pali (M. Bruegmann, warrant designation as the species road clearing; and a risk of extinction in litt., 1994). An additional population Phyllostegia warshaueri (St. John from naturally occurring events and/or may exist along the western boundary of 1987b). The current treatment has reduced reproductive vigor due to the HVNP, but it has not been revisited maintained this species (Wagner et al. small number of existing individuals in recently (L. Pratt, in litt., 1995). 1990). the one remaining population (HPCC Pleomele hawaiiensis typically grows Phyllostegia warshaueri, of the mint 1992c; M. Bruegmann, in litt., 1994). on open aa lava in diverse Lowland Dry family, is either a sprawling or climbing Otto and Isabelle Degener named Forests at elevations between 300 and vine with end branches turning up, Pleomele hawaiiensis from a specimen 800 m (1,000 and 2,700 ft) (HHP covered with upward-pointing fine, collected in 1977, which was first 1991h1, 1991h2, 1991h4, 1991h5, short hairs on the square stems which validly published in 1980 (Degener and 1993f3, 1993f4; HPCC 1991g, 1992d, are about 1 to 3 m (3.3 to 10 ft) long. Degener 1980). Some experts considered 1993b; Wagner et al. 1990; S. Gon, in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53143 litt., 1992; J. Lau, in litts., 1990 and by its slender inflorescence branches, plant. Male flower clusters have main 1993). Associated taxa include ’ohi’a, more deeply divided leaves, and stalks 2.5 to 3.7 cm (1 to 1.5 in) long and lama, mamane, Sydrax odoratum pendulous rather than stiff tips of the individual flower stalks 2 to 4 mm (0.08 (alahe’e), huehue, naio, olopua, leaf blade segments (Hodel 1985, Read to 0.1 in) long. The male flowers are Nototrichium sandwicense (kulu’i), Sida and Hodel 1990). white, five-lobed, dotted with glands, fallax (’ilima), Erythrina sandwicensis Pritchardia schattaueri is known from and 2 to 2.5 mm (0.08 to 0.09 in) long. (), Santalum sp. (’iliahi), 12 individuals in three locations in The female flower clusters have two to Osteomeles anthyllidifolia (’ulei), and South Kona on the island of Hawaii, on eight flowers, a main stalk 1 to 3.5 cm fountain grass as a dominant ground privately owned land. Ten individuals (0.4 to 1.4 in) long, and no stalks on the cover, as well as four federally are known from a forest partially cleared individual flowers. The flowers are endangered species (Caesalpinia for pasture in Hoomau. Two other white and four-lobed, with the lobes 1.7 kavaiensis (uhiuhi), Colubrina individuals are found singly at the edge to 2 mm (0.07 to 0.08 in) long. The fruit oppositifolia (kauila), Nothocestrum of a nut farm and in an area is white, fleshy, oblong, 29 to 32 mm breviflorum (ai’ae)), and Neraudia owned by a development company. Ten (1.1 to 1.3 in) long, and 10 to 11 mm ovata, and other species of concern, seedlings have been planted near the (about 0.4 in) wide. This species can be including Capparis sandwichiana (pua macadamia farm individual (HHP distinguished from its nearest relative, pilo) and Bidens micrantha ssp. 1991i1 to 1991i3; HPCC 1992e1, 1992e2; Sicyos cucumerinus, by its white fruit ctenophylla (ko’oko’olau) (Char 1987; Hodel 1980, 1985; M. Bruegmann, in without bristles and ten or fewer female HHP 1991h2, 1991h4 to 1991h6; HPCC litt., 1994; Donald Hodel, University of flowers per cluster (St. John 1978, 1991g, 1992d, 1993b; M. Bruegmann, in California, Los Angeles, in litt., 1995). Telford 1990). litt., 1994; S. Gon, in litt., 1992; J. Lau, Pritchardia schattaueri grows in Historically, Sicyos alba was found in litts., 1990 and 1993). ’ohi’a-dominated Lowland Mesic Forest, only on the island of Hawaii, from The major threats to Pleomele at elevations between 600 and 800 m Mauna Kea, Kilauea, and the Puu hawaiiensis are habitat conversion (1,970 to 2,600 ft) (HHP 1991i1 to Makaala area (HHP 1991j1 to 1991j4, St. associated with residential and 1991i3; HPCC 1992e1, 1992e2; Hodel John 1978). Today, the two known recreational development; habitat 1985; Read and Hodel 1990). Associated populations are restricted to Puu destruction by cattle, pigs, sheep, and taxa include ’ohi’a, olopua, papala, Makaala NAR and Olaa Forest Reserve, goats; fire (which destroyed a large hapu’us, kolea, and Pittosporum sp. both on State-owned land in the Puna portion of one Puu Waawaa population (ho’awa) (HHP 1991i2; HPCC 1992e1; District (HHP 1991j1; HPCC 1991h, in 1986); competition from alien plant M. Bruegmann, in litt., 1994). 1993c). The number of individuals taxa, like fountain grass, koa haole, The major threats to Pritchardia fluctuates from year to year because this Christmas berry, and lantana; habitat schattaueri are grazing and trampling by species is an annual. At last report, only change due to volcanic activity; and the cattle and feral pigs; competition from one individual was growing at Puu lack of reproduction in all but two alien plant taxa, like strawberry guava, Makaala NAR, but about 20 individuals populations (Char 1987; HHP 1991h2, common guava, kikuyu grass, Christmas are known from the Olaa population 1991h4, 1991h5; HPCC 1991g, 1992d, berry, and thimbleberry; seed predation (HPCC 1993c; M. Bruegmann, in litt., 1993b; Nagata 1984; M. Bruegmann, in by rats; residential and commercial 1994; Steve Perlman, NTBG, pers. litt., 1994; J. Lau, in litt., 1990; C. Imada, development; habitat change due to comm., 1994). A Sicyos collected in pers. comm., 1994). volcanic activity; and a risk of HVNP’s Olaa Tract may also be this Donald Hodel (1985) described extinction from naturally occurring species, but the identification is Pritchardia schattaueri based on a events and/or reduced reproductive unconfirmed at this time (L. Pratt, in specimen collected from plants vigor due to the small number of litt., 1995). discovered by George Schattauer in existing populations and individuals Sicyos alba typically grows in ’ohi’a- 1957 (M. Bruegmann, in litt., 1994). and the lack of successful regeneration and hapu‘u-dominated Montane Wet Pritchardia schattaueri, of the palm (HHP 1991i1 to 1991i3; HPCC 1992e1, Forests, at elevations between 975 and family (), is a large palm 30 to 1992e2; Hodel 1980, 1985; M. 1,130 m (3,200 to 3,720 ft) (HHP 1991j1; 40 m (100 to 130 ft) tall with a gray, Bruegmann, in litt., 1994). Lethal HPCC 1991h, 1993c; Telford 1990). longitudinally grooved trunk 30 cm (12 yellowing is a disease particular to Associated taxa include hapu’u, kawa’u, in) in diameter. Leaves form a spherical palms that represents a potential threat kanawao, ha’iwale, Stenogyne sp., crown and are sometimes persistent if the disease ever reaches Hawaii. kopiko, sandwicensis after death. Leaves are fan-shaped, First collected by the U.S. Exploring (olomea), olapa, ho’i’o, and Cyanea glossy green with small brown scales on Expedition of 1840 and 1841, and tritomantha (haha) (HHP 1991j1; HPCC the lower surface, up to 3.6 m (11.8 ft) considered a new but unnamed variety 1991h, 1993c; M. Bruegmann, in litt., long and 1.7 m (5.6 ft) wide. Flowers are of Sicyos cucumerinus by Gray in 1854, 1994). on two- to four-branched Sarx alba was named by St. John in The major threats to Sicyos alba are with a main stalk 1.2 to 1.75 m (3.9 to 1978, creating Sarx as a new genus (St. habitat damage by feral pigs; trail 5.7 ft) long and individual branches 1 to John 1978, Telford 1990). Ian Telford clearing; competition from alien plant 1.4 m (3.2 to 4.6 ft) long. The five bracts returned this entity to the genus Sicyos, taxa, like banana poka, palmgrass, are lance-shaped, the lowest one 60 cm maintaining the species as Sicyos alba strawberry guava, and yellow (2 ft) long, and the uppermost one 20 to (Telford 1989). Himalayan raspberry; habitat change 30 cm (9 to 12 in) long. The calyx is Sicyos alba, of the gourd family due to volcanic activity; and a risk of green, shading to yellow-green at the (Cucurbitaceae), is an annual vine up to extinction from naturally occurring tip, three-toothed, 6 mm (0.2 in) long, 20 m (65 ft) long, minutely hairy, and events and/or reduced reproductive and 4 mm (0.1 in) wide. Fruits are black-spotted. Leaves are pale, broadly vigor due to the small number of round or pear-shaped, black with brown heart-shaped, shallowly to deeply three- existing individuals (HHP 1991j1; HPCC spots when mature, 3 to 5 cm (1.2 to 2 to five-lobed, 7 to 11 cm (2.8 to 4.3 in) 1991h, 1993c). in) long, and 3 to 4 cm (1.2 to 1.6 in) long, and 9 to 12 cm (3.5 to 4.7 in) wide. Horace Mann described Zanthoxylum wide. This species differs from its Male and female flowers are borne in dipetalum in 1867, and Rock named a closest relative, Pritchardia beccariana, separate flower clusters on the same new variety Zanthoxylum dipetalum 53144 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations var. tomentosum, based on a specimen Bruegmann, in litt., 1994). Associated grace period was given to proposals he collected at Puu Waawaa on species include mamane, lama, ’ala’a, already over two years old. On Hualalai, on the island of Hawaii, in ’iliahi, ’ohe, kolea, and kopiko (HHP December 10, 1979, the Service 1909 (Rock 1913). The specific epithet 1993g; HPCC 1993d). published a notice in the Federal refers to the dense covering of soft hairs Threats to Zanthoxylum dipetalum Register (44 FR 70796) withdrawing the on the undersurface of the leaflets. var. tomentosum include browsing, portion of the June 16, 1976, proposal Some authors have placed Hawaiian trampling, and habitat disturbance by that had not been made final, along with taxa in the genus Fagara, resulting in F. cattle, feral pigs, and sheep; competition four other proposals that had expired. dipetala var. tomentosa (Stone et al. from alien plant species, such as kikuyu The Service published updated notices 1990). However, Zanthoxylum grass, fountain grass, lantana, koa haole, of review for plants on December 15, dipetalum var. tomentosum is and Grevillea robusta (silk oak); habitat 1980 (45 FR 82479), September 27, 1985 maintained in the current treatment of change due to volcanic activity; and fire (50 FR 39525), February 21, 1990 (55 FR the Hawaiian species (Stone et al. 1990). (HHP 1993g; HPCC 1993d; M. 6183), September 30, 1993 (58 FR Zanthoxylum dipetalum var. Bruegmann, in litt., 1994; J. Lau, in litt., 51144), and February 28, 1996 (61 FR tomentosum, of the citrus family, is a 1992). In addition, the species is 7596). All of the taxa in this final rule thornless tree 4 to 15 m (13 to 49 ft) tall threatened by a risk of extinction from (including synonymous taxa) have at with a trunk up to 30 cm (12 in) in naturally occurring events and/or one time or another been considered diameter. It has alternate leaves reduced reproductive vigor due to the either category 1 or category 2 comprised of three to seven leathery, small number of existing individuals in candidates for Federal listing. Category elliptical, gland-dotted, smooth-edged only one population. 1 species are those for which the Service leaflets usually 6 to 36 cm (2.4 to 12 in) Previous Federal Action has on file substantial information on long and 2.5 to 13.5 cm (1 to 5.3 in) biological vulnerability and threats to wide. The undersurface of the leaflets is Federal action on these plants began support preparation of listing proposals densely covered with fine, short hairs, as a result of section 12 of the Act, but for which listing proposals have not and the lowest pair of leaflets is often which directed the Secretary of the been published because they were strongly reduced. The stalks of the side Smithsonian Institution to prepare a precluded by other listing activities. leaflets have one joint each, and the report on plants considered to be Category 2 species were those for which stalk of the terminal leaflet has two endangered, threatened, or extinct in the listing as endangered or threatened was joints. Flowers are usually either male . This report, designated as or female, and usually only one sex is House Document No. 94–51, was possibly appropriate, but for which found on a single tree. Clusters of 5 to presented to Congress on January 9, sufficient data on biological 15 flowers, 9 to 18 mm (0.4 to 0.7 in) 1975. In that document, Clermontia vulnerability and threats was not long, have a main flower stalk 10 to 40 drepanomorpha, Cyanea platyphylla (as currently available to support proposed mm (0.4 to 1.6 in) long and individual C. bryanii), Hibiscadelphus giffardianus, rules. Hibiscadelphus giffardianus and flower stalks 3 to 8 mm (0.1 to 0.3 in) Hibiscadelphus hualalaiensis, Melicope Hibiscadelphus hualalaiensis were long. Each flower has four broadly zahlbruckneri (as Pelea zahlbruckneri), considered category 1 candidates on all triangular sepals about 1 to 1.5 mm and Neraudia ovata were considered to five notices of review; Clermontia (0.04 to 0.06 in) long and two or four be endangered. Zanthoxylum dipetalum drepanomorpha, Neraudia ovata, and yellowish white petals, sometimes var. tomentosum was considered to be Pleomele hawaiiensis (including the tinged with red, 6 to 10 mm (0.2 to 0.4 threatened. On July 1, 1975, the Service synonym Dracaena hawaiiensis) were in) long. The fruit is an oval follicle (dry published a notice in the Federal considered category 1 species in the fruit that opens along one side) 15 to 33 Register (40 FR 27823) of its acceptance 1980, 1983, and 1985 notices and mm (0.6 to 1.3 in) long, containing one of the Smithsonian report as a petition category 2 species in the 1990 and 1993 black seed about 10 to 26 mm (0.4 to 1 within the context of section 4(c)(2) notices. Cyanea platyphylla (as Cyanea in) long. This variety is distinguished (now section 4(b)(3)) of the Act, and bryanii and Cyanea fernaldii) was from Zanthoxylum dipetalum var. giving notice of its intention to review considered a category 1 species in the dipetalum by the hairs on the the status of the plant species named 1980, 1983, and 1985 notices, but was undersurface of the leaflets. It is therein. As a result of that review, on removed from consideration as a distinguished from other Hawaiian June 16, 1976, the Service published a candidate in 1990 when C. bryanii and species of the genus by its reduced proposed rule in the Federal Register C. fernaldii were synonymized. The lower leaflets, the presence of only one (41 FR 24523) to determine endangered resulting taxon, Cyanea platyphylla, joint on some of the leaflet stalks, and status pursuant to section 4 of the Act was thought to be more common than the large seeds (Rock 1913, Stone et al. for approximately 1,700 previous records indicated. Current 1990). species, including all of the above information indicates that removing this Only one population of Zanthoxylum species considered to be endangered. taxon from consideration for listing was dipetalum var. tomentosum has ever The list of 1,700 plant taxa was inappropriate. Melicope zahlbruckneri been known, located at Puu Waawaa on assembled on the basis of comments and appeared as a category 1 candidate in Hualalai, on the island of Hawaii (HHP data received by the Smithsonian the 1985 notice (as Pelea zahlbruckneri). 1993g, Rock 1913, Stone et al. 1990). Institution and the Service in response This taxon was transferred into the Approximately 24 individuals are now to House Document No. 94–51 and the genus Melicope and its status was known, scattered through the area (HHP July 1, 1975, Federal Register changed to category 2 in the 1990 1993g; HPCC 1991i, 1993d; M. publication. notice. Pritchardia schattaueri was Bruegmann, in litt., 1994; J. Giffin, in General comments received in considered a category 2 species in the litt., 1992; J. Lau, in litt., 1992). response to the 1976 proposal are 1985, 1990, and 1993 notices. Zanthoxylum dipetalum var. summarized in an April 26, 1978, Phyllostegia racemosa, Phyllostegia tomentosum grows in degraded ’ohi’a- Federal Register publication (43 FR velutina, Phyllostegia warshaueri, dominated Montane Mesic Forest, often 17909). In 1978, amendments to the Act Sicyos alba, and Zanthoxylum on aa lava, at elevations between 915 required that all proposals over two dipetalum var. tomentosum all first and 1,040 m (3,000 and 3,400 ft) (M. years old be withdrawn. A one-year appeared in the 1990 notice, and again Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53145 in 1993, as category 2 species. and Recommendations below), the endangered species and three only Designation of Category 2 species was Service now determines Clermontia included an acknowledgement of discontinued in the February 28, 1996, drepanomorpha, Cyanea platyphylla, receiving a copy of the proposed rule. notice (61 FR 7596). Hibiscadelphus giffardianus, Four of the comments included Section 4(b)(3)(B) of the Act requires Hibiscadelphus hualalaiensis, Melicope additional information on the numbers the Secretary to make findings on zahlbruckneri, Neraudia ovata, of individuals and populations for some petitions that present substantial Phyllostegia racemosa, Phyllostegia of the 13 plant species. This information information indicating the petitioned velutina, Phyllostegia warshaueri, has been incorporated into this final action may be warranted within 12 Pleomele hawaiiensis, Pritchardia rule. months of their receipt. Section 2(b)(1) schattaueri, Sicyos alba, and The Service also solicited the expert of the 1982 amendments further Zanthoxylum dipetalum var. opinions of four appropriate and requires all petitions pending on tomentosum to be endangered. independent specialists regarding October 13, 1982, be treated as having pertinent scientific or commercial data Summary of Comments and been newly submitted on that date. On and assumptions relating to the Recommendations October 13, 1983, the Service found that taxonomy, population models, and the petitioned listing of these taxa was In the September 25, 1995, proposed biological and ecological information for warranted, but precluded by other rule and associated notifications, all these 13 species. Two responses from pending listing actions, in accordance interested parties were requested to the specialists were received, and their with section 4(b)(3)(B)(iii) of the Act; submit factual reports or information comments on the numbers of notification of this finding was that might contribute to the individuals and populations of six published on January 20, 1984 (49 FR development of a final rule. The public species were incorporated into this final 2485). Such a finding requires the comment period ended on November rule. Service to consider the petition as 24, 1995. Appropriate State agencies, Summary of Factors Affecting the having been resubmitted, pursuant to county governments, Federal agencies, Species section 4(b)(3)(C)(i) of the Act. The scientific organizations, and other finding was reviewed in October of interested parties were contacted and Section 4 of the Endangered Species 1984, 1985, 1986, 1987, 1988, 1989, requested to comment. A newspaper Act and regulations (50 CFR part 424) 1990, 1991, 1992, and 1993. The notice inviting public comment was issued to implement the listing proposed rule published on September published in the ‘‘Honolulu provisions of the Act set forth the 25, 1995 (60 FR 49377) to list these 13 Advertiser’’, the ‘‘Kauai Times’’, and the criteria for adding species to the Federal plant taxa as endangered species ‘‘Hawaii Herald Tribune’’ on October lists. A species may be determined to be constituted the final 12-month finding 18, 1995. an endangered species due to one or for these species. Comments were received from nine more of the five factors described in Based on comments received in parties. Five parties supported the section 4(a)(1). The threats facing these response to the proposal (see Comments listing of these 13 plant species as 13 taxa are summarized in Table 1.

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Species Disease/ Alien Fire Natural Human Limited Cattle Pigs Rats Sheep Goats insects plants disasters impacts numbers *

Clermontia drepanomorpha ...... X X ...... X ...... P X X1 Cyanea platyphylla ...... P P ...... X ...... X X X1,3 Hibiscadelphus giffardianus ...... X ...... X X X X ...... X1,3,4 Hibiscadelphus hualalaienis ...... P P X P ...... X X X X X1,3,4 Melicope zahlbruckneri ...... P ...... X X ...... X ...... X1,3 Neraudia ovata ...... X X X X ...... X X X1,3 Phyllostegia racemosa ...... X X ...... X ...... X X X1,3 Phyllostegia velutina ...... X X ...... X ...... X X X X X1,3 Phyllostegia warshaueri ...... X ...... X ...... X X1,2 Pleomele hawaiiensis ...... X X ...... X X ...... X X X X Pritchardia schattaueri ...... X X X ...... P X ...... X X X1,3 Sicyos alba ...... X ...... X ...... X X X1,2 Zanthoxylum dipetalum var. X X ...... X ...... X X X X X1,3 tomentosum. KEY: X = Immediate and significant threat. P = Potential threat. * = No more than 100 known individuals and/or no more than 5 known popu- lations. 1 = No more than 5 known populations. 2 = No more than 10 known individuals. 3 = No more than 100 known individuals. 4 = All original wild populations extinct; planted individuals only.

These factors and their application to racemosa Benth. (kiponapona), A. The present or threatened Clermontia drepanomorpha Rock (’oha Phyllostegia velutina (Sherff) St. John destruction, modification, or wai), Cyanea platyphylla (A. Gray) (NCN), Phyllostegia warshaueri St. John curtailment of its habitat or range. The Hillbr. (haha), Hibiscadelphus (NCN), Pleomele hawaiiensis Degener habitats of the plants included in this giffardianus Rock (hau kuahiwi), and I. Degener (hala pepe), Pritchardia final rule have undergone extreme Hibiscadelphus hualalaiensis Rock (hau schattaueri Hodel (loulu), Sicyos alba alteration because of past and present kuahiwi), Melicope zahlbruckneri Rock (St. John) Telford (’anunu), and land management practices, including (alani), Neraudia ovata Gaud. (no Zanthoxylum dipetalum var. deliberate alien animal and plant common name (NCN)), Phyllostegia tomentosum Rock (a’e) are as follows: introductions; agricultural, commercial, 53146 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations and urban development; and disturbed areas into which alien plants exclude pigs and the Hibiscadelphus recreational use. Natural disturbances invade, and spread seeds of alien plants hualalaiensis site to exclude pigs and such as volcanic activity also destroy in their feces and on their bodies. The cattle, but these alien mammals still habitat and can have a significant effect forest in areas grazed by cattle becomes pose a potential threat to these taxa if on small populations of plants. degraded to grassland pasture, and plant fencing is not monitored and Competition with alien plants as well as cover is reduced for many years maintained (Clarke et al. 1983; HHP destruction of plants and modification following removal of cattle from an area. 1991e1, 1991e4, 1991j1; HPCC 1990b, of habitat by introduced animals are the Several alien grasses and legumes 1991a, 1991f, 1991h, 1992a to 1992d, primary threats facing all of taxa in this purposely introduced for cattle forage 1993a, 1993c; Pratt and Cuddihy 1990; final rule (See Table 1.). have become noxious weeds (Cuddihy M. Bruegmann, in litt., 1994; J. Jeffrey Beginning with Captain James Cook in and Stone 1990, Tomich 1986). and L. Pratt, pers. comms., 1994). 1792, early European explorers The habitats of many of these 13 Goats (Capra hircus), originally native introduced livestock, which became plants were degraded in the past by feral to the Middle East and , were feral, increased in number and range, cattle, and this has had effects which successfully introduced to the Hawaiian and caused significant changes to the still persist. Some taxa in this final rule Islands in 1792, and currently there are natural environment of Hawaii. The that are still directly affected by cattle populations on Kauai, , , 1848 provision for land sales to include: Phyllostegia racemosa, Maui, and Hawaii. On Hawaii, goats individuals allowed large-scale Phyllostegia velutina, Pleomele damage low-elevation dry forest, agricultural and ranching ventures to hawaiiensis, Pritchardia schattaueri, montane parkland, subalpine begin. So much land was cleared for and Zanthoxylum dipetalum var. woodlands, and alpine grasslands. Goats these enterprises that climatic tomentosum. The Hibiscadelphus are managed in Hawaii as a game conditions began to change, and the hualalaiensis site is currently fenced to animal, but many herds populate amount and distribution of rainfall were exclude cattle and pigs, but these alien inaccessible areas where hunting has altered (Wenkam 1969). Plantation mammals constitute a potential threat to little effect on their numbers. Goat owners supported reforestation this taxon if the fencing is not hunting is allowed year-round or during programs which resulted in many alien monitored and maintained (HHP certain months, depending on the area trees being introduced in the hope that 1991i2, 1993g; HPCC 1991e, 1991i, (Hawaii DLNR n.d., 1985). Goats browse watersheds could be conserved. 1992d, 1992e1, 1993b, 1993d; Hodel on introduced grasses and native plants, Past and present activities of 1980, 1985; Pratt and Cuddihy 1990; M. especially in drier and more open introduced alien mammals are the Bruegmann, in litt., 1994; J. Jeffrey, pers. ecosystems. They also trample roots and primary factors in altering and comm., 1994). seedlings, cause erosion, and promote degrading vegetation and habitats on the Pigs (Sus scrofa) are originally native the invasion of alien plants. They are island of Hawaii where populations of to Europe, northern Africa, Asia Minor, able to forage in extremely rugged the 13 species occur. Feral ungulates and Asia. European pigs, introduced to terrain and have a high reproductive trample and eat native vegetation and Hawaii by Captain James Cook in 1778, capacity (Cuddihy and Stone 1990, disturb and open areas. This causes became feral and invaded forested areas, Culliney 1988, Tomich 1986). Neraudia erosion and allows the entry of alien especially wet and mesic forests and dry ovata and Pleomele hawaiiensis are plant taxa (Cuddihy and Stone 1990, areas at high elevations. They are currently threatened by goats (Char Wagner et al. 1990). Eleven taxa in this currently present on Kauai, Oahu, 1987; HPCC 1993b; M. Bruegmann, in proposal are directly threatened by Molokai, Maui, and Hawaii and inhabit litt., 1996). habitat degradation resulting from rain forests and grasslands. Pig hunting Sheep (Ovis aries) have become introduced ungulates: six taxa are is allowed on all islands either year- established on the island of Hawaii threatened by cattle, two taxa by goats, round or during certain months, (Tomich 1986) since their introduction ten by pigs, and five by sheep. depending on the area (Hawaii DLNR almost 200 years ago (Cuddihy and Cattle (Bos taurus), the wild n.d., 1985). While rooting in the ground Stone 1990). Sheep roam the upper progenitor of which was native to in search of the invertebrates and plant elevation dry forests of Hualalai (above Europe, northern Africa, and material they eat, feral pigs disturb and 1,000 m (3,300 ft)), causing damage southwestern Asia, were introduced to destroy vegetative cover, trample plants similar to that of goats (Stone 1985). the Hawaiian Islands in 1793. Large and seedlings, and threaten forest Sheep have decimated vast areas of feral herds developed as a result of regeneration by damaging seeds and native forest and shrubland on Mauna restrictions on killing cattle decreed by seedlings. They disturb soil substrates Kea and continue to do so as a managed King Kamehameha I. While small cattle and cause erosion, especially on slopes. game species. Sheep threaten the habitat ranches were developed on Kauai, Alien plant seeds are dispersed in their of the following plant species in this Oahu, and West Maui, very large hooves and coats as well as through final rule: Hibiscadelphus hualalaiensis, ranches of tens of thousands of acres their digestive tracts, and the disturbed Neraudia ovata, Phyllostegia velutina, were created on East Maui and Hawaii. soil is fertilized by their feces, helping Pleomele hawaiiensis, and Much of the land used in these private establish these plants (Cuddihy and Zanthoxylum dipetalum var. enterprises was leased from the State or Stone 1990, Smith 1985, Stone 1985, tomentosum (Cuddihy and Stone 1990; was privately owned and considered Tomich 1986, Wagner et al. 1990). Feral Stone 1985; M. Bruegmann, in litt., Forest Reserve and/or Conservation pigs pose an immediate threat to one or 1994, 1996). District land. Feral cattle can presently more populations of the following taxa: Land development for housing and be found on the island of Hawaii, and Clermontia drepanomorpha, commercial activities threatens ranching is still a major commercial Phyllostegia racemosa, Phyllostegia Neraudia ovata, Pleomele hawaiiensis, activity there. Hunting of feral cattle is velutina, Phyllostegia warshaueri, and Pritchardia schattaueri since no longer allowed in Hawaii (Hawaii Pleomele hawaiiensis, Pritchardia individuals of these species grow on Department of Land and Natural schattaueri, Sicyos alba, and private land that may be developed Resources (DLNR) 1985). Cattle eat Zanthoxylum dipetalum var. (Char 1987; HHP 1991j1; HPCC 1992e2; native vegetation, trample roots and tomentosum. The Cyanea platyphylla Nagata 1984; M. Bruegmann, in litt., seedlings, cause erosion, create population is currently fenced to 1994). In addition, the populations of Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53147

Phyllostegia velutina within the Kulani rat), which now occurs on all the main Hawaii may be affected by the disease Correctional Facility are potentially Hawaiian Islands around human (Hull 1980). threatened by expansion of the prison habitations, in cultivated fields, and in D. The inadequacy of existing facilities (M. Bruegmann, in litt., 1994). dry to wet forests. Roof rats, and to a regulatory mechanisms. Seven of the 13 Clermontia drepanomorpha and lesser extent Mus musculus (house taxa in this final rule have populations Phyllostegia warshaueri are threatened mouse), R. exulans (), and located on privately owned land. by irrigation ditch improvements (HHP R. norvegicus (Norway rat), eat the fruits Pritchardia schattaueri is the only plant 1993a1, HPCC 1993a, HPCC 1992c). of some native plants, especially those of the 13 taxa exclusively on private Phyllostegia racemosa is threatened by with large, fleshy fruits. Many native land. The following taxa occur logging operations (Pratt and Cuddihy Hawaiian plants produce their fruit over exclusively on State land—Cyanea 1990). an extended period of time, and this platyphylla, Hibiscadelphus B. Overutilization for commercial, produces a prolonged food supply hualalaiensis, and Zanthoxylum recreational, scientific, or educational which supports rodent populations dipetalum var. tomentosum. Two of purposes. Unrestricted collecting for (Cuddihy and Stone 1990). Rats damage these taxa, Hibiscadelphus scientific or horticultural purposes and fruit of Pritchardia schattaueri and hualalaiensis and Zanthoxylum excessive visits by individuals fruits, flowers, and bark of dipetalum var. tomentosum, are found interested in seeing rare plants are Hibiscadelphus giffardianus and exclusively on State land leased to a potential threats to all of the 13 taxa. Hibiscadelphus hualalaiensis (Baker private ranch. Four of the taxa This is a threat to Pleomele hawaiiensis and Allen 1978; HPCC 1992e2; M. (Clermontia drepanomorpha, Cyanea because little regeneration is occurring Bruegmann, in litt., 1994; L. Pratt, pers. platyphylla, Phyllostegia velutina, and in the wild. All of the other 12 taxa in comm., 1994). Rats probably feed on the Sicyos alba) have one or more this final rule are also threatened by fruits of Cyanea platyphylla and populations located in State NARs or a overcollection, since each taxon Melicope zahlbruckneri (M. Bruegmann, State wildlife sanctuary, which have comprises 1 to 3 populations and 100 or in litt., 1994; L. Pratt, pers. comm., rules and regulations for the protection fewer known individuals, or exist only 1994). Girdling by rats has been of resources (Hawaii DLNR 1981; HRS, as cultivated individuals. Any observed for Clermontia sects. 183D–4, 184–5, 195–5, and 195– collection of whole plants or drepanomorpha (Bruegmann 1990). 8). However, most of these areas still reproductive parts of any of these Sophonia rufofascia (two-spotted support large populations of pigs species could cause an adverse impact leafhopper) is a recently introduced maintained for sport hunting (M. on the gene pool and threaten the insect that causes feeding damage on Bruegmann, in litt., 1994). One or more populations of 9 of the survival of the species. leaves, typically in the form of stippling C. Disease or predation. Pigs, cattle, 13 taxa are located on land classified and yellowing. In addition to goats, or sheep have been reported in within conservation districts and owned mechanical feeding damage, this insect areas where populations of most of the by the State of Hawaii or private may introduce a plant virus. It is 13 taxa occur. Extensive browse damage companies or individuals. Regardless of suspected of causing severe dieback of from goats and/or sheep was observed the owner, lands in these districts, the native fern Dicranopteris linearis on all individuals of the newly among other purposes, are regarded as rediscovered population of Neraudia (uluhe) and economic damage to crops necessary for the protection of endemic ovata in Pohakuloa Training Area, and and ornamental plants in Hawaii. The biological resources and the numerous seedlings were completely two-spotted leafhopper is a threat to maintenance or enhancement of the defoliated (M. Bruegmann, in litt., Hibiscadelphus giffardianus and conservation of natural resources. 1996). As the other 12 taxa are not Melicope zahlbruckneri (M. Bruegmann, Activities permitted in conservation known to be unpalatable to these in litt., 1994; Adam Asquith, USFWS, districts are chosen by considering how ungulates, predation is a probable threat pers. comm., 1994). best to make a multiple use of the land where those animals have been The native plant bug, Hyalopeplus (HRS, sect. 205–2). Some uses, such as reported, potentially affecting the pellucidus, was found feeding and maintaining animals for hunting, are following taxa: Clermontia breeding on Hibiscadelphus based on policy decisions, while others, drepanomorpha, Cyanea platyphylla, giffardianus. Leaf yellowing is caused such as preservation of endangered Hibiscadelphus hualalaiensis, by this insect, which has been known to species, are mandated by State laws. Phyllostegia racemosa, Phyllostegia achieve large populations and cause Requests for amendments to district velutina, Phyllostegia warshaueri, economic damage to some crops (M. boundaries or variances within existing Pleomele hawaiiensis, Pritchardia Bruegmann, in litt., 1994; A. Asquith, classifications can be made by schattaueri, Sicyos alba, and pers. comm., 1994). government agencies and private Zanthoxylum dipetalum var. Aleurodicus dispersus (spiralling landowners (HRS, sect. 205–4). Before tomentosum. The lack of seedling whitefly) was first collected on Oahu in decisions about these requests are made, production or survival in two of the taxa 1978 (Nakahara 1981). Spiralling the impact of the proposed (Pleomele hawaiiensis and Pritchardia whitefly is a threat to Neraudia ovata reclassification on ‘‘preservation or schattaueri) and the occurrence of some (M. Bruegmann, in litt., 1994). maintenance of important natural populations or taxa only in areas Some species of Pritchardia are systems or habitat’’ (HRS, sects. 205–4, inaccessible to ungulates seem to known to be susceptible to lethal 205–17) as well as the maintenance of indicate the effect that browsing yellowing, which is a bacterium-like natural resources is required to be taken mammals, especially cattle and goats, organism producing disease in many into account (HRS, sects. 205–2, 205–4). have had in restricting the distribution palms. This disease is not yet reported For any proposed land use change of these plants. in Hawaii, but if it were ever which will occur on county or State Of the four species of rodents which accidentally introduced on plant land, will be funded in part or whole by have been introduced to the Hawaiian material brought into the State, it would county or State funds, or will occur Islands, the species with the greatest be a potential threat to Pritchardia within land classified as conservation impact on the native flora and fauna is schattaueri. In addition, cultivated district, an environmental assessment is probably Rattus rattus (roof or black Pritchardia specimens in areas outside required to determine whether or not 53148 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations the environment will be significantly zahlbruckneri, are restricted to Federal 100 species have become pests (Wagner affected (HRS, chapt. 343). If it is found land within HVNP and are actively et al. 1990). Naturalized, introduced that an action will have a significant managed by HVNP, they are still plant taxa compete with native plants effect, preparation of a full threatened with extinction from for space, light, water, and nutrients Environmental Impact Statement is naturally occurring events. (Cuddihy and Stone 1990). Some of required. Hawaii environmental policy, Hibiscadelphus giffardianus is known these taxa were brought to Hawaii by and thus approval of land use, is only from the 24 individuals that have various groups of people, including the required by law to safeguard ‘‘* * * the been replanted into original habitat by Polynesian immigrants, for food or State’s unique natural environmental HVNP. Melicope zahlbruckneri is cultural reasons. Plantation owners, characteristics * * *’’ (HRS, sect. 344– known only from one population of 30 alarmed at the reduction of water 3(1)). However, despite the existence of to 35 individuals. Both of these species resources for their crops caused by the such State laws and regulations which are threatened by the two-spotted destruction of native forest cover by give protection to Hawaii’s native leafhopper, an introduced insect that is grazing feral animals, supported the plants, their enforcement is difficult due spreading throughout the Hawaiian introduction of alien tree species for to limited funding and personnel. Islands, may reach epidemic reforestation. Ranchers intentionally Furthermore, State law provides little proportions if not controlled, and for introduced pasture grasses and other protection for plants not on state land or which there is currently no known species for agriculture, and sometimes in designated conservation districts. control. they inadvertently introduced weed Listing of these 13 plant species will Two additional species, Phyllostegia seeds as well. Other plants were brought trigger State listing under Hawaii’s racemosa and Pleomele hawaiiensis, to Hawaii for their potential Endangered Species Act and have one population each on Federal horticultural value (Cuddihy and Stone supplement the protection available land within HVNP. However, the 1990, Wenkam 1969). under other State laws. The Federal Act majority of the populations and Lantana camara (lantana), brought to will, therefore, offer additional individuals of these species occur on Hawaii as an ornamental plant, is an protection to these species. For State or private lands. aggressive, thicket-forming shrub which example, it is a violation of State law to One of the two known populations of can now be found on all of the main take, possess, or export an endangered Neraudia ovata occurs within the U.S. islands in mesic forests, dry shrublands, plant species (HRS sec. 195D–4(e)). In Army’s Pohakuloa Training Area. The and other dry, disturbed habitats turn, it would be a violation of the Army is fencing the plants, however, the (Wagner et al. 1990). Lantana threatens Federal Act for any person to remove, other population is located on private Pleomele hawaiiensis and the only cut, dig up, damage, or destroy any land. known populations of Hibiscadelphus listed plant in knowing violation of E. Other natural or manmade factors hualalaiensis, Neraudia ovata and State law or regulation or in the course affecting its continued existence. The Zanthoxylum dipetalum var. of any violation of a State criminal small numbers of populations and tomentosum (HHP 1993c2; HPCC 1992a, trespass law, the lack of adequate individuals of most of these taxa 1993b, 1993d; M. Bruegmann, in litt., resources to enforce State laws and increase the potential for extinction 1994). Leucaena leucocephala (koa regulations makes this provision from naturally occurring events. The haole), a naturalized shrub which is particularly important. In addition, limited gene pool may depress sometimes the dominant species in low State law contains provisions requiring reproductive vigor, or a single human- elevation, dry, disturbed areas on all of consideration of endangered plants in caused or natural environmental the main Hawaiian islands, threatens certain state and private actions which disturbance could destroy a significant Neraudia ovata, Pleomele hawaiiensis, would be triggered by listing under the percentage of the individuals or the only and Zanthoxylum dipetalum var. Federal ACT. (See Guidelines to known extant population. This tomentosum (Geesnick et al. 1990; ‘‘Protect endangered species of constitutes a major threat to 12 of the 13 HPCC 1993d; Nishida 1993; M. individual plants and animals.’’ HRS, taxa (See Table 1.). Two of the 13 taxa, Bruegmann, in litt., 1994). sec. 344–4(3) (A)). State laws relating to Melicope zahlbruckneri and Passiflora mollissima (banana poka), a the conservation of biological resources Zanthoxylum dipetalum var. woody vine, poses a serious problem to allow for the acquisition of land as well tomentosum, are known from a single mesic forests on Kauai and Hawaii by as the development and implementation population. Eight other taxa, Clermontia covering trees, reducing the amount of of programs concerning the drepanomorpha, Cyanea platyphylla, light which reaches trees as well as conservation of biological resources Neraudia ovata, Phyllostegia racemosa, understory, and causing damage and (HRS, sect. 195D–5(a)). The State also Phyllostegia velutina, Phyllostegia death to trees by the weight of the vines. may enter into agreements with Federal warshaueri, Pritchardia schattaueri, and Animals, especially feral pigs, eat the agencies to administer and manage any Sicyos alba, are known from only two to fruit and distribute the seeds (Cuddihy area required for the conservation, five populations. Eleven of the 13 taxa and Stone 1990, Escobar 1990). Banana management, enhancement, or are estimated to number no more than poka threatens Phyllostegia racemosa protection of endangered species (HRS, 100 known individuals. Two taxa, and Sicyos alba (HPCC 1993c; J. Jeffrey, sect. 195D–5(c)). Funds for these Hibiscadelphus giffardianus and pers. comm., 1994). Passiflora ligularis activities could be made available under Hibiscadelphus hualalaiensis, are (sweet granadilla) was first collected in section 6 (State Cooperative extinct in the wild and are known only Hawaii in 1909, and has since spread to Agreements) of the Federal Act for these from cultivated material. mesic and wet areas of Kauai, Oahu, 13 taxa. The Hawaii DLNR is mandated One or more of 21 taxa of introduced , and Hawaii (Escobar 1990). This to initiate changes in conservation plants threaten all 13 of the taxa. The taxon threatens one population of district boundaries to include ‘‘the original native flora of Hawaii consisted Cyanea platyphylla (HPCC 1991a). After habitat of rare native species of flora and of about 1,000 species, 89 percent of escaping from cultivation, Schinus fauna within the conservation district’’ which were endemic. Of the total native terebinthifolius (Christmas berry) (HRS, sect. 195D–5.1). and naturalized Hawaiian flora of 1,817 became naturalized on most of the main Although two species, Hibiscadelphus species, 47 percent were introduced Hawaiian Islands and threatens giffardianus and Melicope from other parts of the world and nearly Pleomele hawaiiensis, Pritchardia Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53149 schattaueri and one of only two known yellow Himalayan raspberry (HPCC naturalized in openings in wet forest populations of Neraudia ovata (Nishida 1990b, 1993c). A related species, Rubus and other moist, shaded sites on Oahu, 1993; Wagner et al. 1990; M. rosifolius (thimbleberry), was Maui, and Hawaii (O’Connor 1990). Bruegmann, in litt., 1994). Juncus introduced from Asia in the 1880s to the Meadow ricegrass is the third grass planifolius is a perennial rush which island of Hawaii and is now found in species to threaten Hibiscadelphus has naturalized in moist, open, disturbed mesic and wet forests giffardianus and Melicope disturbed depressions on margins of throughout the Hawaiian Islands. zahlbruckneri. All three of these grass forests and in bogs on Kauai, Oahu, Although it is less aggressive than other species prevent seedling establishment Molokai, Maui, and Hawaii (Coffey alien species of Rubus, thimbleberry can of the two species (L. Pratt, pers. comm., 1990). Juncus planifolius is a threat to become very abundant locally, 1994). Phyllostegia warshaueri (M. Bruegmann, especially in areas disturbed by pigs Pennisetum clandestinum (kikuyu in litt., 1994). (Cuddihy and Stone 1990, Wagner et al. grass), an aggressive perennial grass Psidium cattleianum (strawberry 1990). This species is a threat to introduced to Hawaii as a pasture grass, guava), an invasive shrub or small tree Clermontia drepanomorpha, Pritchardia withstands trampling and grazing and native to tropical America, has become schattaueri, Cyanea platyphylla, and has naturalized on four Hawaiian naturalized on all of the main Hawaiian Phyllostegia warshaueri (Cuddihy et al. Islands in dry to mesic forest. It islands. Like Christmas berry, 1982; HHP 1991g2; HPCC 1991a, 1993a; produces thick mats which choke out strawberry guava is capable of forming M. Bruegmann, in litt., 1994). other plants and prevent their seedlings dense stands that exclude other plant Grevillea robusta (silk-oak) was from establishing and has been declared taxa (Cuddihy and Stone 1990) and is extensively planted in Hawaii for timber a noxious weed by the U.S. Department dispersed mainly by feral pigs and fruit- and is now naturalized on most of the of Agriculture (7 CFR 360) (O’Connor eating birds (Smith 1985). This alien main islands (Smith 1985, Wagner et al. 1990, Smith 1985). Kikuyu grass is a plant grows primarily in mesic and wet 1990). Silk-oak threatens the only threat to Phyllostegia racemosa, habitats and provides food for several known population of Zanthoxylum Phyllostegia velutina, Pritchardia alien animal species, including feral dipetalum var. tomentosum (HPCC schattaueri, and the only known pigs and game birds, which disperse the 1993d). Tibouchina herbacea populations of Hibiscadelphus plant’s seeds through the forest (Smith (glorybush) first became established on hualalaiensis and Zanthoxylum 1985, Wagner et al. 1985). Strawberry the island of Hawaii in the late 1970’s dipetalum var. tomentosum (HHP guava is considered one of the greatest and, by 1982, was collected in Lanilili 1992b, 1993c2, 1993g; HPCC 1992a; M. alien plant threats to Hawaii’s rain on West Maui (Almeda 1990). Although Bruegmann, in litt., 1994; L. Lau, in litt., forests and is known to pose a direct the disruptive potential of this alien 1990; J. Jeffrey, pers. comm., 1994). threat to Pritchardia schattaueri, Sicyos plant is not fully known, glorybush Pennisetum setaceum (fountain grass) alba, Cyanea platyphylla, and appears to be invading mesic and wet is a fire-adapted bunch grass that has Phyllostegia warshaueri (Cuddihy et al. forests of Hawaii, and is considered a spread rapidly over bare lava flows and 1982; HHP 1991g2; HPCC 1991a, threat to Phyllostegia warshaueri (HPCC open areas on the island of Hawaii since 1992e1; M. Bruegmann, in litt., 1994). 1992c). its introduction in the early 1900s. Psidium guajava (common guava) was Several hundred species of grasses Fountain grass is particularly brought to Hawaii and has become have been introduced to the Hawaiian detrimental to Hawaii’s dry forests widely naturalized on all the main Islands, many for animal forage. Of the because it is able to invade areas once islands, forming dense stands in approximately 100 grass species which dominated by native plants, where it disturbed areas. Common guava invades have become naturalized, 8 species interferes with plant regeneration, disturbed sites, forming dense thickets threaten 11 of the 13 taxa in this final carries fires into areas not usually prone in dry as well as mesic and wet forests rule. Anthoxanthum odoratum (sweet to fires, and increases the likelihood of (Smith 1985, Wagner et al. 1990). This vernalgrass) is a perennial, tufted grass fires (Cuddihy and Stone 1990, species also provides food for several which has naturalized in pastures, O’Connor 1990, Smith 1985). Fountain alien animal species, including feral disturbed areas in wet forest, and grass threatens Neraudia ovata, pigs and game birds, which disperse the sometimes in subalpine shrubland on Phyllostegia velutina, Pleomele plant’s seeds through the forest (Smith Molokai, Maui, and Hawaii and is a hawaiiensis, and the only known 1985, Wagner et al. 1985). Common threat to Phyllostegia racemosa population of Zanthoxylum dipetalum guava threatens Pritchardia schattaueri (O’Connor 1990; J. Jeffrey, pers. comm. var. tomentosum (HHP 1991h5, 1993g; and Cyanea platyphylla (Cuddihy et al. 1994). The perennial grass Paspalum HPCC 1990a, 1991c, 1993b; Nishida 1982; HPCC 1991a6, 1991a9; HPCC conjugatum (Hilo grass), naturalized in 1993; M. Bruegmann, in litt., 1994; J. 1992e1; M. Bruegmann, in litt., 1994). moist to wet disturbed areas on most Lau, in litt., 1990; C. Imada, pers. A recent introduction to the Hawaiian Hawaiian Islands, produces a dense comm., 1994). Islands, Rubus ellipticus (yellow ground cover, even on poor soil, and Setaria palmifolia (palmgrass), native Himalayan raspberry) is rapidly threatens the only known populations of to tropical Asia, has become naturalized becoming a major weed pest in wet Hibiscadelphus giffardianus and in mesic valleys, wet forests, and along forests, pastures, and other open areas Melicope zahlbruckneri (Cuddihy and streams on Oahu, Lanai, Maui, and on the island of Hawaii. It forms large Stone 1990; O’Connor 1990; Smith Hawaii. First collected in 1903, major thorny thickets and displaces native 1985; L. Pratt, pers. comm., 1994). A infestations can now be found in the plants. Its ability to invade the related species, Paspalum dilatatum Olaa area and the windward side of the understory of wet forests enables it to (Dallis grass) has become naturalized island of Hawaii (Cuddihy and Stone fill a niche presently unoccupied by any and common in wet to dry grassland, 1990, O’Connor 1990). Palmgrass is a other major wet forest weed in Hawaii fields, and roadsides on most Hawaiian threat to Sicyos alba and Phyllostegia (Cuddihy and Stone 1990). This has Islands, and also threatens warshaueri (HPCC 1993c; M. resulted in an extremely rapid Hibiscadelphus giffardianus and Bruegmann, in litt., 1994). Paspalum population expansion of this alien plant Melicope zahlbruckneri (O’Connor urvillei (Vasey grass) is widespread in in recent years. Phyllostegia velutina 1990; L. Pratt, pers. comm., 1994). disturbed areas on the islands of Maui and Sicyos alba are threatened by Ehrharta stipoides (meadow ricegrass) is and Hawaii. It has invaded some rain 53150 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations forests and montane mesic tomentosum. One of the two known Critical Habitat communities, and is a threat to populations of Cyanea platyphylla and Critical habitat is defined in section 3 Phyllostegia racemosa and Phyllostegia some populations of Phyllostegia of the Act as: (i) the specific areas velutina (Cuddihy and Stone 1990; racemosa are also threatened by within the geographical area occupied HPCC 1992b; O’Connor 1990; J. Jeffrey, volcanic activity. by a species, at the time it is listed in pers. comm., 1994). People are more likely to come into accordance with the Act, on which are Because Hawaiian plants were contact with taxa which have found those physical or biological subjected to fire during their evolution populations near trails or roads or in features (I) essential to the conservation only in areas of volcanic activity and recreational areas. Alien plants may be of the species and (II) that may require from occasional lightning strikes, they introduced into such areas as seeds on special management consideration or are not adapted to recurring fire regimes footwear, or people may cause erosion, protection; and (ii) specific areas and do not quickly recover following a trample plants, or start fires (Cuddihy outside the geographical area occupied fire. Alien plants are often better and Stone 1990). The following taxa in by a species at the time it is listed, upon adapted to fire than native plant species, this final rule have populations in a determination that such areas are and some fire-adapted grasses have recreational areas, close to roads or essential for the conservation of the become widespread in Hawaii. Native trails, or in areas where ranching or species. ‘‘Conservation’’ means the use shrubland and dry forest can thus be logging is occurring, and are potentially of all methods and procedures needed converted to land dominated by alien threatened by human disturbance: to bring the species to the point at grasses. The presence of such species in Clermontia drepanomorpha, Cyanea which listing under the Act is no longer Hawaiian ecosystems greatly increases platyphylla, Hibiscadelphus necessary. the intensity, extent, and frequency of hualalaiensis, Phyllostegia racemosa, Section 4(a)(3) of the Act, as fire, especially during drier months or Phyllostegia velutina, Sicyos alba, and amended, and implementing regulations drought. Fire-adapted alien plant taxa Zanthoxylum dipetalum var. (50 CFR 424.12) require that, to the can reestablish in a burned area, tomentosum (Bruegmann 1990; Corn maximum extent prudent and resulting in a reduction in the amount 1983; HHP 1991f1; HPCC 1991d, 1991h, determinable, the Secretary designate of native vegetation after each fire. Fire 1992b; Pratt and Cuddihy 1990; critical habitat at the time a species is can destroy dormant seeds as well as Stemmermann 1987). listed as endangered or threatened. The plants, even in steep or inaccessible The Service has carefully assessed the Service finds that designation of critical areas. Fires may result from natural best scientific and commercial causes, or they may be accidentally or habitat is not presently prudent for information available regarding the past, purposely started by humans. Three these 13 taxa. Service regulations (50 present, and future threats faced by fires have occurred in the Puu Waawaa/ CFR 424.12(a)(1)) state that designation these taxa in determining to make this Kaupulehu dry forests on the slopes of of critical habitat is not prudent when rule final. Based on this evaluation, this Hualalai over the last ten years, and one or both of the following situations rulemaking will list these 13 plant taxa have destroyed habitat as well as exist—(1) The species is threatened by individuals of many endangered as endangered: Clermontia taking or other human activity, and species, including Pleomele hawaiiensis drepanomorpha, Cyanea platyphylla, identification of critical habitat can be (Cuddihy and Stone 1990; HHP 1991h4; Hibiscadelphus giffardianus, expected to increase the degree of threat HPCC 1992d, 1993b; J. Lau, in litt., Hibiscadelphus hualalaiensis, Melicope to the species, or (2) such designation of 1990). Fire is also a threat to zahlbruckneri, Neraudia ovata, critical habitat would not be beneficial Phyllostegia velutina and the only Phyllostegia racemosa, Phyllostegia to the species. As discussed under known populations of Hibiscadelphus velutina, Phyllostegia warshaueri, Factor B, these taxa are threatened by hualalaiensis and Zanthoxylum Pleomele hawaiiensis, Pritchardia overcollection, due to extremely low dipetalum var. tomentosum (HPCC schattaueri, Sicyos alba, and population sizes. The publication of 1991i, 1992a, 1993c2; M. Bruegmann, in Zanthoxylum dipetalum var. precise maps and descriptions of critical litt., 1994). tomentosum. Eleven of the taxa number habitat in the Federal Register and local Natural changes to habitat and no more than 100 individuals and are newspapers as required in a proposal for substrate can result in the death of known from 5 or fewer populations. The critical habitat would increase the individual plants as well as the 13 taxa are threatened by one or more degree of threat to these plants from take destruction of their habitat. This of the following—habitat degradation or vandalism and, therefore, could especially affects the continued and/or predation by cattle, pigs, goats, contribute to their decline. The listing of existence of taxa or populations with sheep, insects, and rats; competition these taxa as endangered publicizes the limited numbers and/or narrow ranges from alien plants; fire and volcanic rarity of the plants and, thus, can make and is often exacerbated by human activity; human impacts; and lack of these plants attractive to researchers, disturbance and land use practices (See legal protection or difficulty in curiosity seekers, or collectors of rare Factor A.). Two of the five volcanoes enforcing laws which are already in plants. All involved parties and the that make up the island of Hawaii, effect. Small population size and major landowners have been notified of Kilauea and Mauna Loa, are active and limited distribution make these taxa the location and importance of a third, Hualalai, is dormant but may particularly vulnerable to extinction protecting the habitat of these taxa. erupt again. Ten of the taxa in this final and/or reduced reproductive vigor from Additional protection of the habitat of rule are in areas where volcanic activity naturally occurring events. Because these taxa will be addressed through the could result in the destruction of all of these 13 taxa are in danger of extinction recovery process and through the the populations: Hibiscadelphus throughout all or a significant portion of section 7 consultation process. For giffardianus, Hibiscadelphus their ranges, they fit the definition of example, in the case of Neraudia ovata, hualalaiensis, Melicope zahlbruckneri, endangered under the Act. the species is confined to small Neraudia ovata, Phyllostegia velutina, Critical habitat is not being proposed geographic areas, and each population is Pleomele hawaiiensis, Pritchardia for the 13 taxa included in this rule, for composed of so few individuals that the schattaueri, Sicyos alba, and reasons discussed in the ‘‘Critical determinations for jeopardy to the Zanthoxylum dipetalum var. Habitat’’ section of this proposal. species and adverse modification of Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53151 critical habitat would be similar. The Act and its implementing listed plants and inquiries regarding Therefore, designation of critical habitat regulations set forth a series of general prohibitions and permits may be for species already listed provides little prohibitions and exceptions that apply addressed to the U.S. Fish and Wildlife additional protection beyond that to all endangered plant species. With Service, Ecological Services, provided by the jeopardy prohibition of respect to the 13 plant taxa listed here Endangered Species Permits, 911 N.E. section 7. For these reasons, the Service as endangered, all of the prohibitions of 11th Avenue, Portland, Oregon 97232– finds that designation of critical habitat section 9(a)(2) of the Act, implemented 4181 (telephone: 503/231–6241; for these 13 taxa is not prudent at this by 50 CFR 17.61, will apply. These facsimile: 503/231–6243). time. Such a designation would increase prohibitions, in part, make it illegal for the degree of threat from vandalism, any person subject to the jurisdiction of Hawaii State Law the United States to import or export collecting, or other human activities and Hawaii’s Endangered Species Act any endangered plant; transport such is unlikely to aid in the conservation of states—‘‘Any species of aquatic life, species in interstate or foreign these taxa. wildlife, or land plant that has been commerce in the course of a commercial determined to be an endangered species Available Conservation Measures activity; sell or offer for sale such species in interstate or foreign pursuant to the [Federal] Endangered Conservation measures provided to Species Act shall be deemed to be an taxa listed as endangered under the commerce; remove and reduce to possession any such species from areas endangered species under the Endangered Species Act include provisions of this chapter * * *’’ recovery actions, requirements for under Federal jurisdiction; maliciously damage or destroy any such species on (Hawaii Revised Statutes (HRS), sect. Federal protection, and prohibitions 195D–4(a)). Therefore, Federal listing against certain activities. Recognition any area under Federal jurisdiction; or remove, cut, dig up, damage, or destroy automatically invokes listing under through listing results in conservation Hawaii State law, which prohibits actions by Federal, State, and local any such species on any other area in knowing violation of any State law or taking of endangered plants in the State agencies, private organizations, and and encourages conservation by State individuals. The Act provides for regulation including State criminal agencies (HRS, sect. 195D–4 and 5). possible land acquisition and trespass law. Certain exceptions to the None of the 13 taxa in this final rule are cooperation with the State and requires prohibitions apply to agents of the presently listed as an endangered that recovery plans be developed for Service and State conservation agencies. species by the State of Hawaii. listed species. The protection required The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of permits of Federal agencies and the prohibitions National Environmental Policy Act against certain activities involving listed to carry out otherwise prohibited plants are discussed, in part, below. activities involving endangered plant The Fish and Wildlife Service has species under certain circumstances. determined that Environmental Section 7(a) of the Act, as amended, Such permits are available for scientific requires Federal agencies to evaluate Assessments and Environmental Impact purposes and to enhance the Statements, as defined under the their actions with respect to any taxon propagation or survival of the species. that is listed as endangered. Regulations authority of the National Environmental It is the policy of the Service, Policy Act of 1969, need not be implementing this interagency published in the Federal Register on cooperation provision of the Act are prepared in connection with regulations July 1, 1994, (59 FR 34272) to identify adopted pursuant to section 4(a) of the codified at 50 CFR part 402. Section to the maximum extent practicable at Act. A notice outlining the Service’s 7(a)(2) requires Federal agencies to the time a species is listed those reasons for this determination was ensure that activities they authorize, activities that would or would not published in the Federal Register on fund, or carry out are not likely to constitute a violation of section 9 of the October 25, 1983 (48 FR 49244). jeopardize the continued existence of Act. Such information is intended to such a species. If a Federal action may clarify the potential impacts of a References Cited affect a listed species, the responsible species’ listing on proposed and Federal agency must enter into formal ongoing activities within the species’ A complete list of all references cited consultation with the Service. One or range. Five of the species occur on herein is available upon request from more populations of five of the taxa in Federal lands under the jurisdiction of the Pacific Islands Ecoregion Office (see this final rule are located on federally the U.S. National Park Service, U.S. Fish ADDRESSES section). owned and/or managed land. Four taxa and Wildlife Service, and the U.S. Author are located in HVNP and one of these Army. Collection, damage, or taxa is also found in Hakalau Forest destruction of these species on Federal The author of this final rule is Marie National Wildlife Refuge. HVNP is lands is prohibited without a Federal M. Bruegmann, Pacific Islands actively managing Kipuka Puaulu to endangered species permit. Such Ecoregion Office (see ADDRESSES maintain Melicope zahlbruckneri and activities on non-Federal lands would section). the cultivated plants of Hibiscadelphus constitute a violation of section 9 if giffardianus (Mountainspring 1985). conducted in knowing violation of List of Subjects in 50 CFR Part 17 Staff at Hakalau National Wildlife Hawaii State law or regulations or in Refuge are monitoring Phyllostegia violation of a State criminal trespass law Endangered and threatened species, racemosa populations and controlling (see Hawaii State Law section below). Exports, Imports, Reporting and threats (J. Jeffrey, pers. comm., 1994). The Service is not aware of any trade in recordkeeping requirements, One of the two known populations of these species. Transportation. Neraudia ovata is found on Army land. Questions regarding whether specific Regulation Promulgation The Army is currently constructing activities will constitute a violation of small fences around these plants to section 9 of the Act should be directed Accordingly, the Service hereby protect them from browsing by goats to the Pacific Islands Ecoregion Manager amends part 17, subchapter B of chapter and sheep (LTC, FA Lloyd Mues, U.S. (see ADDRESSES section). Requests for I, title 50 of the Code of Federal Army Garrison, Hawaii, in litt., 1996). copies of the regulations concerning Regulations, as set forth below: 53152 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

PART 17Ð[AMENDED] Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the List of Endangered and Threatened 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Plants to read as follows: 1. The authority citation for part 17 625, 100 Stat. 3500; unless otherwise noted. § 17.12 Endangered and threatened plants. continues to read as follows: 2. Section 17.12(h) is amended by adding the following, in alphabetical * * * * * order under FLOWERING PLANTS, to (h) * * *

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

FLOWERING PLANTS

******* Clermontia 'Oha wai ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 595 NA NA drepanomorpha. flower.

******* Cyanea platyphylla ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 595 NA NA flower.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... MalvaceaeÐMallow .... E 595 NA NA giffardianus.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... MalvaceaeÐMallow .... E 595 NA NA hualalaiensis.

******* Melicope zahlbruckneri Alani ...... U.S.A. (HI) ...... RutaceaeÐCitrus ...... E 595 NA NA

******* Neraudia ovata ...... None ...... U.S.A. (HI) ...... UrticaceaeÐNettle ...... E 595 NA NA

******* Phyllostegia racemosa Kiponapona ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Phyllostegia velutina ..... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Phyllostegia warshaueri None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Pleomele hawaiiensis ... Hala pepe ...... U.S.A. (HI) ...... AgavaceaeÐAgave ..... E 595 NA NA

******* Pritchardia schattaueri Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ...... E 595 NA NA

******* Sicyos alba ...... 'Anunu ...... U.S.A. (HI) ...... CurcurbitaceaeÐGourd E 595 NA NA

******* Zanthoxylum dipetalum A'e ...... U.S.A. (HI) ...... RutaceaeÐCitrus ...... E 595 NA NA var. tomentosum.

******* Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53153

Dated: September 23, 1996. § 679.20(d)(2), that the TAC for Plan for the Groundfish Fishery of the John G. Rogers, Greenland turbot in the BS has been Bering Sea and Aleutian Islands Area Acting Director, Fish and Wildlife Service. reached. Therefore, NMFS is requiring (FMP) prepared by the North Pacific [FR Doc. 96–25559 Filed 10–9–96; 8:45 am] that further catches of Greenland turbot Fishery Management Council under BILLING CODE 4310±55±P in the BS be treated as prohibited authority of the Magnuson Fishery species in accordance with § 679.21(b). Conservation and Management Act. Fishing by U.S. vessels is governed by Classification DEPARTMENT OF COMMERCE regulations implementing the FMP at This action is taken under 50 CFR subpart H of 50 CFR part 600 and 50 National Oceanic and Atmospheric 679.20 and is exempt from review under CFR part 679. Administration E.O. 12866. In accordance with § 679.20(c)(3)(iii), Authority: 16 U.S.C. 1801 et seq. the initial TACs for Pacific ocean perch 50 CFR Part 679 Dated: October 4, 1996. and the ‘‘other red rockfish’’ species [Docket No. 960129019±6019±01; I.D. Bruce Morehead, group in the BS were established by the 100296H] Acting Director, Office of Sustainable Final 1996 Harvest Specifications of Fisheries, National Marine Fisheries Service. Groundfish (61 FR 4311, February 5, Fisheries of the Exclusive Economic 1996) as 1,530 metric tons (mt) and Zone Off Alaska; Greenland Turbot in [FR Doc. 96–25966 Filed 10–04–96; 4:17 pm] BILLING CODE 3510±22±F 1,071 mt, respectively. The Final 1996 the Bering Sea Subarea Harvest Specifications of Groundfish AGENCY: National Marine Fisheries also closed the directed fishery for Service (NMFS), National Oceanic and 50 CFR Part 679 Pacific ocean perch and the ‘‘other red Atmospheric Administration (NOAA), rockfish’’ species group in the BS in [Docket No. 960129019±6019±01; I.D. accordance with § 679.20(d)(1)(iii). Commerce. 100296G] ACTION: Closure. The Director, Alaska Region, NMFS Fisheries of the Exclusive Economic (Regional Director), has determined that SUMMARY: NMFS is prohibiting retention Zone Off Alaska; Recordkeeping and the 1996 directed fishing allowances of of Greenland turbot in the Bering Sea Reporting Requirements; Pacific Pacific ocean perch and the ‘‘other red subarea (BS) of the Bering Sea and Ocean Perch and ``Other Red rockfish’’ species group in the BS have Aleutian Islands management area Rockfish'' in the Bering Sea Subarea not been reached. NMFS has (BSAI). NMFS is requiring that catches determined that as of September 21, of Greenland turbot in this area be AGENCY: National Marine Fisheries 1996, 1,228 mt of Pacific ocean perch in treated in the same manner as Service (NMFS), National Oceanic and the BS and 902 mt of the ‘‘other red prohibited species and discarded at sea Atmospheric Administration (NOAA), rockfish’’ species group in the BS with a minimum of injury. This action Commerce. remain in the respective directed fishing is necessary because the Greenland ACTION: Modification of a closure; notice allowances. Therefore, NMFS is turbot total allowable catch (TAC) in the of change in recordkeeping and terminating the previous closure and is BS has been reached. reporting requirements. reopening directed fishing for Pacific EFFECTIVE DATE: 1200 hrs, Alaska local SUMMARY: NMFS is opening directed ocean perch and the ‘‘other red time (A.l.t.), October 6, 1996, until 2400 rockfish’’ species group in the BS. All hrs, A.l.t., December 31, 1996. fishing for Pacific ocean perch and the ‘‘other red rockfish’’ species group in other closures remain in full force and FOR FURTHER INFORMATION CONTACT: effect. Mary Furuness, 907–586-7228. the Bering Sea subarea (BS) of the Bering Sea and Aleutian Islands In accordance with § 679.20(a)(2), the SUPPLEMENTARY INFORMATION: The management area (BSAI). NMFS has remainder of the TACs for Pacific ocean groundfish fishery in the BSAI exclusive determined that Daily Production perch and the ‘‘other red rockfish’’ economic zone is managed by NMFS Reports (DPRs) must be submitted by species group in the BS will become according to the Fishery Management processor vessels using trawl gear that available for directed fishing at 1200 Plan for the Groundfish Fishery of the catch or receive Pacific ocean perch or hrs, A.l.t., October 6, 1996. These Bering Sea and Aleutian Islands area ‘‘other red rockfish’’ and shoreside remaining TACs are expected to be (FMP) prepared by the North Pacific processing facilities that receive Pacific rapidly harvested. Fishery Management Council under ocean perch or ‘‘other red rockfish’’ authority of the Magnuson Fishery Pursuant to § 679.5(j), the Regional from vessels using trawl gear in the BS. Conservation and Management Act. Director is requiring processor vessels These actions are necessary to fully Fishing by U.S. vessels is governed by using trawl gear that catch or receive utilize the total allowable catches regulations implementing the FMP at Pacific ocean perch and ‘‘other red (TACs) of Pacific ocean perch and the subpart H of 50 CFR part 600 and 50 rockfish’’ in the BS and shoreside ‘‘other red rockfish’’ species group in CFR part 679. processing facilities that receive Pacific In accordance with § 679.20(c)(3)(iii), that area and to prevent exceeding the ocean perch and ‘‘other red rockfish’’ the initial TAC for Greenland turbot in TACs for those species and species from vessels using trawl gear as defined the BS was established by the Final groups. at § 679.2 in the BS to submit DPRs in 1996 Harvest Specifications of EFFECTIVE DATE: From 1200 hrs, Alaska addition to Weekly Production Reports. Groundfish (61 FR 4311, February 5, local time (A.l.t.), October 6, 1996, until These requirements are necessary to 1996), as 3,967 metric tons. The Final 2400 hrs, A.l.t., December 31, 1996. manage Pacific ocean perch and the 1996 Harvest Specifications of FOR FURTHER INFORMATION CONTACT: ‘‘other red rockfish’’ species group in Groundfish also closed the directed Andrew N. Smoker, 907-586-7228. the BS. The Regional Director is doing fishery with trawl gear for Greenland SUPPLEMENTARY INFORMATION: The so in consideration of the potential for turbot in the BSAI. groundfish fishery in the BSAI exclusive exceeding the TACs of Pacific ocean The Director, Alaska Region, NMFS, economic zone is managed by NMFS perch and the ‘‘other red rockfish’’ has determined, in accordance with according to the Fishery Management species group in the BS.