4372 Federal Register / Vol. 61, No. 25 / Tuesday, February 6, 1996 / Rules and Regulations Authority: 49 U.S.C. 30103, 30111 30162; discovery, there were no further for approximately 1,700 vascular plant delegations of authority at 49 CFR 1.50 and collections or observations of the species, including Bidens cuneata. The 501.8. species, leading botanists to believe that list of 1,700 plant species was Issued on: February 1, 1996. it could have gone extinct. In 1955, the assembled on the basis of comments and Barry Felrice, species was rediscovered in the area data received by the Smithsonian Associate Administrator for Safety where it was collected originally Institution and the Service in response Performance Standards. (Takeuchi 1980). to House Document No. 94±51 and the [FR Doc. 96±2492 Filed 2±5±96; 8:45 am] Hybrids of the Hawaiian Bidens July 1, 1975, Federal Register BILLING CODE 4910±59±P species can readily be induced publication. experimentally and result in highly General comments received in fertile progeny, indicating a general lack response to the 1976 proposal are DEPARTMENT OF THE INTERIOR of genetic barriers within the group. summarized in an April 26, 1978, Based upon experimental crosses in the Federal Register publication (43 FR Fish and Wildlife Service Hawaiian members of the genus, Gillette 17909). In 1978, amendments to the Act and Lim (1970) concluded that Bidens required that all proposals over two 50 CFR Part 17 cuneata was a natural hybrid between years old be withdrawn. A one-year Bidens mauiensis, native to the island of grace period was given to proposals RIN 1018±AB88 Maui, and Bidens molokaiensis, which already over two years old. On Endangered and Threatened Wildlife is restricted to Molokai Island; however, December 10, 1979, the Service and Plants; Final Rule To Delist Bidens few botanists accepted this conclusion. published a notice in the Federal cuneata (cuneate bidens), a Hawaiian Citing the occurrence of natural and Register (44 FR 70796) withdrawing the Plant experimental hybrids, Gillette (1975) portion of the June 16, 1976, proposal later contended that the 41 species of that had not been made final, along with AGENCY: Fish and Wildlife Service, Hawaiian Bidens placed by Sherff in four other proposals that had expired. Interior. section Campylotheca should be Bidens cuneata was proposed for ACTION: Final rule. considered a single species. Recent listing as an endangered species on systematic studies of the genus August 23, 1982 (47 FR 36675). The SUMMARY: The U.S. Fish and Wildlife (including additional experimental public comment period ended on Service (Service) determines to remove hybridizations) culminated in a revision November 22, 1982. The final rule a plant, Bidens cuneata (cuneate of the Hawaiian members of the genus listing Bidens cuneata as an endangered bidens), from the List of Endangered (Ganders and Nagata 1990). In this species was published in the Federal Plants. This action is based on a review publication, Bidens cuneata was Register on February 17, 1984 (49 FR of the best available scientific and considered conspecific with Bidens 6099). On July 7, 1993, the Service commercial data, which indicate that molokaiensis, a common species found published in the Federal Register (57 this plant is not a discrete taxonomic along the northern side of Molokai FR 47028) a proposal to delist Bidens entity and therefore does not meet the Island. Bidens molokaiensis occurs cuneata. This proposal was based definition of a species as defined by the between sea level and 150 meters (500 primarily on information from current Endangered Species Act of 1973, as feet) in elevation along the seashores, taxonomic literature, which is the best amended (Act). Extensive studies sea cliffs, talus slopes, and fields of scientific and commercial information associated with a recent revision of the northern Molokai from Hoolehua to available. The Service now determines Hawaiian members of the genus have Kaonihu, a distance of about 37 Bidens cuneata should be delisted with concluded that Bidens cuneata is an kilometers (23 miles) or about two- the publication of this rule. outlying population of Bidens thirds the length of the island. molokaiensis, which is common along Summary of Comments and the windward cliffs of the island of Previous Federal Action Recommendations Molokai. Federal action on Bidens cuneata In the July 7, 1993, proposed rule (57 EFFECTIVE DATE: February 6, 1996. began as a result of section 12 of the FR 47028) and associated notifications, Act, which directed the Secretary of the ADDRESSES: The complete file for this all interested parties were requested to Smithsonian Institution to prepare a final rule is available for public submit factual reports or information report on plants considered to be inspection, by appointment, during that might contribute to the endangered, threatened, or extinct in the normal business hours, at the U.S. Fish development of a final rule. Appropriate United States. This report, designated as and Wildlife Service, Pacific Islands State agencies, county governments, House Document No. 94±51, was Ecoregion, 300 Ala Moana Boulevard, Federal agencies, scientific presented to Congress on January 9, Room 3108, P.O. Box 50088, Honolulu, organizations, and other interested 1975. In that document Bidens cuneata Hawaii 96850. parties were contacted and requested to was considered to be endangered. On comment. A newspaper notice inviting FOR FURTHER INFORMATION CONTACT: July 1, 1975, the Service published a public comment was published in the Robert P. Smith, Pacific Islands notice in the Federal Register (40 FR ``Honolulu Advertiser'' on August 6, Ecoregion Manager, at the above address 27823) of its acceptance of the 1993. The public comment period (808/541±2749). Smithsonian report as a petition within ended on September 7, 1993. No SUPPLEMENTARY INFORMATION: the context of section 4(c)(2) (now comments were received. section 4(b)(3)) of the Act), and giving Background notice of its intention to review the Summary of Factors Affecting the The type specimen for Bidens cuneata status of the plant species named Species was collected on Diamond Head, Oahu, therein. As a result of that review, on The Act and its implementing by William A. Bryan on December 6, June 16, 1976, the Service published a regulations, 50 CFR 424.11, require that 1903, and was formally described by proposed rule in the Federal Register certain factors be considered before a Earl E. Sherff in 1920 (Sherff 1920, (41 FR 24523) to determine endangered species can be listed, reclassified, or Takeuchi 1980). Subsequent to its initial status pursuant to section 4 of the Act delisted. These factors and their Federal Register / Vol. 61, No. 25 / Tuesday, February 6, 1996 / Rules and Regulations 4373 application to Bidens cuneata Sherff E. Other natural or manmade factors Service's reasons for this determination (cuneate bidens) are as follows: affecting its continued existence. None was published in the Federal Register A. The present or threatened known. on October 25, 1983 (48 FR 49244). The regulations at 50 CFR 424.11(d) destruction, modification, or References Cited curtailment of its habitat or range. state that a species may be delisted if: Bidens cuneata has been determined to (1) it becomes extinct, (2) it recovers, or Ganders, F.R., and K.M. Nagata. 1990. be no more than an outlying population (3) the original classification data were Bidens: in Wagner, W.L., D.R. Herbst, and in error. The Service believes that the S.H. Sohmer, Manual of the flowering of Bidens molokaiensis, a common plants of Hawai'i. University of Hawaii species native to the northern part of best current scientific information demonstrates that Bidens cuneata does Press and Bishop Museum Press, Molokai. Bidens molokaiensis is not Honolulu. Bishop Mus. Spec. Publ. significantly threatened with not represent a valid taxonomic entity 83:267±283. destruction, modification, or and, therefore, does not meet the Gillette, G.W. 1975. The diversity and history curtailment of its habitat throughout a definition of species as defined in of Polynesian Bidens, section significant portion of its range. The final section 3(15) of the Act. Campylotheca. Univ. Hawaii Harold L. rule (49 FR 6099) designating Bidens In accordance with 5 U.S.C. 553(d), Lyon Arbor. Lecture 6:1±32. cuneata as an endangered species the Service has determined that this rule Gillette, G.W., and E.K.S. Lim. 1970. An relieves an existing restriction and good experimental study of the genus Bidens identified habitat degradation, possible (Asteraceae) in the Hawaiian Islands. Univ. reduction of reproductive success due to cause exists to make the effective date of this rule immediate. Delay in Calif. Publ. Bot. 56:1±63. a decline of native pollinating insects, Sherff, E.E. 1920. Studies in the genus and potential fire hazards as threats implementation of this delisting would Bidens. V. Bot. Gaz. 70:89±109. contributing to the endangerment of that cost government agencies staff time and Takeuchi, W. 1980. Unpublished status species. If Bidens cuneata were a valid monies on conducting formal section 7 survey of Bidens cuneata Sherff. U.S. Fish taxon and met the definition of a species consultation on actions which may and Wildlife Service, Honolulu, 29 pp. affect a species no longer in need of the as described by the Act, then these Author factors would be relevant. However, protection under the Act. Relieving the since the entity shows no genetic existing restriction associated with this The author of this final rule is Marie integrity independent of Bidens listed species will enable Federal M. Bruegmann, Pacific Islands molokaiensis, it cannot be scientifically agencies to minimize any further delays Ecoregion (see ADDRESSES section). in project planning and implementation defended as either a species or List of Subjects in 50 CFR Part 17 subspecies.