[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15539]


[[Page Unknown]]

[Federal Register: June 27, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88

 

Endangered and Threatened Wildlife and Plants; Endangered Status 
for Three Plants From the Waianae Mountains, Island of Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for three plants: Cyanea grimesiana ssp. obatae (haha), 
Diellia unisora (no common name (NCN)), and Gouania vitifolia (NCN). 
These taxa are known primarily from the Waianae Mountain Range, located 
on the island of Oahu, Hawaii. The three plant taxa and their habitats 
have been adversely threatened to varying degrees by one or more of the 
following--habitat degradation and competition for space, light, water, 
and nutrients by naturalized, alien vegetation; and habitat degradation 
and potential predation by feral animals. Because of the low number of 
extant individuals and severely restricted distributions, populations 
of these taxa are subject to an increased likelihood of extinction and/
or reduced reproductive vigor from stochastic events. This final rule 
implements the Federal protection and recovery provisions provided by 
the Act.

EFFECTIVE DATE: This rule becomes effective July 27, 1994.

ADDRESSES: The complete file for this final rule is available for 
public inspection, by appointment, during normal business hours, at the 
U.S. Fish and Wildlife Service, Pacific Islands Office, 300 Ala Moana 
Boulevard, Room 6307, P.O. Box 50167, Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, at the above address 
(808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

    Cyanea grimesiana ssp. obatae and Diellia unisora are endemic to 
the Waianae Mountain Range on the western side of the island of Oahu, 
Hawaii. The only known extant population of Gouania vitifolia also 
occurs in the Waianae Mountains, but the species is also known 
historically from West Maui and the island of Hawaii.
    The island of Oahu is formed from the remnants of two large shield 
volcanoes, the older Waianae Volcano on the west and the younger Koolau 
Volcano on the east. Because of the loss of their original shield 
volcano shape as the result of extensive erosion, today these volcanoes 
are called ``mountains'' or ``ranges,'' and consist of long, narrow 
ridges. The Waianae Mountains were built by eruptions that took place 
primarily along three rift zones. The two principal rift zones run in a 
northwestward and south-southeastward direction from the summit, and a 
lesser one runs to the northeast. The range is approximately 40 miles 
(mi) (64 kilometers (km)) long. The caldera lies between the north side 
of Makaha Valley and the head of Nanakuli Valley (Macdonald et al. 
1983). The Waianae Mountains are in the rain shadow of the parallel 
Koolau Mountains. Except for Mt. Kaala, the highest point on Oahu 
(4,020 feet (ft)) (1,225 meters(m)), the Waianaes receive much less 
rainfall (Wagner et al. 1990). The median annual rainfall for the 
Waianae Mountains varies from 20 to 75 inches (in.) (50 to 190 
centimeters (cm)), with only the small summit area of Mt. Kaala 
receiving the highest amount.
    The land that supports these three plant taxa is owned by the State 
of Hawaii, the Federal government, and a private estate. Plants on 
Federal land are located on portions of Lualualei Naval Reservation, 
under the jurisdiction of the U.S. Department of Defense.

Discussion of the Three Taxa

    Harold St. John (1978) described Cyanea grimesiana ssp. obatae 
based upon a specimen collected by John K. Obata in the Kaluaa Gulch of 
the Waianae Mountains, Oahu, in 1965. St. John named the subspecies in 
honor of its discoverer.
    Cyanea grimesiana ssp. obatae, a member of the bellflower family 
(Campanulaceae), is a shrub, usually unbranched, growing from 3.3 to 
10.5 ft (1 to 3.2 m) tall. Its leaves are 10.5 to 23 in. (27 to 58 cm) 
long by 5.5 to 12.5 in. (14 to 32 cm) wide and are deeply cut into 9 to 
12 lobes per side. The plant usually has small prickles on its stem and 
leaves. Clusters of 6 to 12 stalked flowers arise from the leaf axils. 
Sepals are fused to the ovary forming a cup 0.3 to 0.6 in. (0.7 to 1.6 
cm) long with small, narrow, triangular lobes at the tips. The petals 
are purplish or greenish to yellow-white, often washed or striped with 
magenta, and are about 2 to 3 in. (5.5 to 8 cm) long and 0.2 to 0.4 in. 
(0.5 to 1 cm) wide. Fruits are elliptical orange berries, 0.7 to 1.2 
in. (1.8 to 3 cm) long. This subspecies can be distinguished from the 
other two subspecies by its short, narrow, calyx lobes which are not 
fused or overlapping (Lammers 1990, St. John 1978).
    Historically, C. grimesiana ssp. obatae is known from the southern 
Waianae Mountains from Puu Hapapa to Kaaikukai (Hawaii Heritage Program 
(HHP) 1992a1 to 1992a6, Lammers 1990), a distance of about 4 mi (6.5 
km). This taxon is known to be extant in Kaluaa Gulch, but may also 
still exist in Ekahanui and North Palawai Gulches. All populations are 
on privately owned land (HHP 1992a2, 1992a4, 1992a6; Joel Lau, The 
Nature Conservancy, Steve Perlman, National Tropical Botanical Garden, 
and Loyal Mehrhoff, U.S. Fish and Wildlife Service, pers. comms., 
1993). Five plants are known from the Kaluaa population and as many as 
13 plants may be found in the other 2 populations (J. Lau, pers. 
comms., 1992, 1993), though these populations have not been seen in the 
last 10 years. C. grimesiana ssp. obatae typically grows on steep, 
moist, shaded slopes in diverse mesic to wet forests at an elevation of 
1,800 to 2,200 ft (550 to 670 m) (HHP 1992a2, Lammers 1990). Associated 
plants include both native and introduced species such as Pipturus 
albidus (mamaki), Charpentiera (papala), Claoxylon sandwicense 
(po'ola), Pisonia (papala kepau), Acacia koa (koa), Aleurites moluccana 
(kukui), Cyanea membranacea (haha), and various fern taxa (HHP 1992a2). 
The major threats to C. grimesiana ssp. obatae are competition from 
alien plants such as Clidemia hirta (Koster's curse) and Schinus 
terebinthifolius (Christmas berry), predation of seeds or fruits by 
introduced slugs, and stochastic extinction and/or reduced reproductive 
vigor due to the small number of extant individuals (HHP 1992a2; L. 
Mehrhoff, pers. comm., 1993). Habitat degradation by feral pigs is a 
potential threat (HHP 1992a2).
    Donald L. Topping discovered Diellia unisora growing on a shaded, 
mossy bank in Pohakea Pass, Waianae Mountains, Oahu, in 1932. It was 
first reported and illustrated by Frances Smith (1934) who believed it 
to be a specimen of D. pumila, although she pointed out several 
differences between that species and the Topping specimen. Warren H. 
Wagner, Jr., believing that the plant discovered by Topping merited 
specific recognition, described the new species, giving it the specific 
epithet unisora in reference to the usually single, marginal spore-
producing body (Wagner 1951).
    Diellia unisora, in the fern family Polypodiaceae, grows from a 
slender, erect rhizome (underground stem), 0.2 to 1.2 in. (0.5 to 3 cm) 
tall and 0.2 to 0.4 in. (0.5 to 1 cm) in diameter, which is covered 
with the bases of the leaf stalks and a few small black scales. Stalks 
of the fronds are black and shiny, and about 0.8 to 2 in. (2 to 5 cm) 
long. The fronds are linear, 3 to 12 in. (8 to 30 cm) tall by 0.2 to 
1.2 in. (0.5 to 3 cm) broad, with 20 to 35 pinnae (leaflets) per side, 
and gradually narrowing towards the apex. The pinnae are usually 
strongly asymmetrical in outline, unequally triangular, with mostly 
entire (smooth) margins. There usually is a single marginal sorus (the 
spore-producing body) running along the upper margin of the underside 
of the pinna. This species is distinguished from others in the genus by 
a rhizome completely covered by the persisting bases of the leaf 
stalks, and few, very small scales, by sori mostly confined to the 
upper pinnae margins, and by delicate fronds gradually and 
symmetrically narrowing toward the apex (Wagner 1951, 1952).
    Historically, D. unisora was known from steep, grassy, rocky slopes 
on the western side of the Waianae Mountains, Oahu (HHP 1992b1 to 
1992b4; Wagner 1951, 1952). This species is known to be extant in three 
areas of the southern Waianae Mountains--South Ekahanui Gulch, Palawai 
Gulch, and the Pualii-Napepeiauolelo Ridge (HHP 1992b2 to 1992b4). The 
three known populations, which are on Lualualei Naval Reservation and 
on privately owned land, are scattered over a distance of about 2 mi (3 
km), and contain approximately 705 to 755 individuals (Center for Plant 
Conservation 1992; HHP 1992b2 to 1992b4; J. Lau, pers. comm., 1993). 
Diellia unisora is a terrestrial fern which typically grows in deep 
shade or open understory in dryland forest at an elevation of 1,750 to 
2,500 ft (530 to 760 m) (HHP 1992b2 to 1992b4). Associated species 
include koa, Christmas berry, Psidium cattleianum (strawberry guava), 
and Metrosideros polymorpha ('ohi'a), and a mixture of alien and native 
grasses, forbs, and shrubs (HHP 1992b2 to 1992b4). The major threat to 
D. unisora is competition from alien plant taxa (Christmas berry, 
Melinus minutiflora (molasses grass), Passiflora suberosa (huehue 
haole), and (strawberry guava). Habitat degradation by feral pigs is a 
potential threat (HHP 1992b2, 1992b4).
    Gouania vitifolia was first collected on dry hills in the district 
of Waianai [Waianae] during the U.S. Exploring Expedition in 1840. Asa 
Gray was given the task of preparing a report on all of the foreign 
plants collected by the expedition. Of the two volumes he produced 
concerning these specimens, only one was published, and in it G. 
vitifolia was described as a new species (Gray 1854). The species 
epithet was derived from the Latin vitis, a vine or grapevine, and 
folium, leaf, as the toothed leaves of this species resemble those of 
the grape. The Maui Island population of this species, first collected 
above Lahaina on West Maui by Edward F. Bishop, probably in the 1870s, 
was described and named G. bishopii in honor of its discoverer by 
William Hillebrand (1888). In his monograph of the genus, St. John 
(1969) described G. hawaiiensis as a new species based upon a 
collection made in the Kau District of Hawaii Island in 1853 by Jules 
Remy. Both of these taxa are currently considered synonyms of G. 
vitifolia (Wagner et al. 1990).
    Gouania vitifolia, a member of the buckthorn family (Rhamnaceae), 
is a climbing shrub or woody vine with tendrils. Leaves are papery in 
texture with a moderate to dense covering of short, soft hairs on both 
surfaces. The leaves are elliptic to broadly oval in outline with 
toothed or lobed margins and 1.2 to 3.2 in. (3 to 8 cm) long by 0.8 to 
1.9 in. (2 to 4.8 cm) wide. Flowers are arranged in axillary spikes 0.3 
to 2.8 in. (0.8 to 7 cm) long. The flowers are small with sepals and 
petals ranging from 0.03 to 0.04 in. (0.7 to 1.1 mm) in length. Both 
the sepals and petals are white. The 2- or 3-winged fruit are about 0.4 
in. (9 to 10 mm) long. Seeds are oval, glossy, dark brown, and about 
0.1 to 0.2 in. (3.4 to 5 mm) long. This species is the only Hawaiian 
member of the genus with tendrils and toothed leaf margins (St. John 
1969, Wagner et al. 1990).
    Historically, G. vitifolia was known from West Maui, the Kau 
District of the island of Hawaii, and the northwestern portion of the 
Waianae Mountains in Makaleha, Keaau, and Waianae Kai Valleys (Degener 
and Greenwell 1947, HHP 1992c1 to 1992c5, St John 1969, Wagner et al. 
1990). A single population of five individuals was discovered in 1990 
on the slopes of Waianae Kai Ridge on State-owned land (Anon. 1991, HHP 
1992c5). The five plants are close to one another, growing in a single 
patch in a forest of mostly naturalized, non-native taxa (HHP 1992c5), 
and may represent clones of a single individual (Joel Lau, HHP, pers. 
comm., 1992). A second, smaller patch was discovered near the first, 
and probably represents a second clone. Information is scant, but data 
from herbarium labels indicate that G. vitifolia prefers dry, rocky 
ridges and slopes in dry shrubland or dry to mesic forests at an 
elevation of about 2,000 ft (610 m). Associated taxa include strawberry 
guava, kukui, Christmas berry, huehue haole, and mamaki (HHP 1992c5). 
The major threats to G. vitifolia are competition from alien plant taxa 
such as strawberry guava and Christmas berry, habitat destruction by 
feral pigs, and stochastic extinction and/or reduced reproductive vigor 
due to the small number of extant individuals, all of which may be 
genetically identical (HHP 1992c5).

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act (16 U.S.C. 1531 et seq.), which directed the 
Secretary of the Smithsonian Institution to prepare a report on plants 
considered to be endangered, threatened, or extinct in the United 
States. This report, designated as House Document No. 94-51, was 
presented to Congress on January 9, 1975. Diellia unisora was 
considered threatened and Gouania vitifolia was considered extinct in 
that document. On July 1, 1975, the Service published a notice in the 
Federal Register (40 FR 27823) of its acceptance of the Smithsonian 
report as a petition within the context of section 4(c)(2) (now section 
4(b)(3)) of the Act, and giving notice of its intention to review the 
status of the plant species named therein. As a result of that review, 
on June 16, 1976, the Service published a proposed rule in the Federal 
Register (41 FR 24523) to determine endangered status pursuant to 
section 4 of the Act for approximately 1,700 vascular plant species. 
Gouania vitifolia was considered endangered in the proposed rule, but 
D. unisora, as a threatened species, was not included. The list of 
1,700 plant species was assembled on the basis of comments and data 
received by the Smithsonian Institution and the Service in response to 
House Document No. 94-51 and the July 1, 1975, Federal Register 
publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
2 years old be withdrawn. A 1-year grace period was given to proposals 
already over 2 years old. On December 10, 1979, the Service published a 
notice in the Federal Register (44 FR 70796) withdrawing the portion of 
the June 16, 1976, proposal that had not been made final, along with 
four other proposals that had expired. The Service published updated 
notices of review for plants on December 15, 1980 (45 FR 82479), 
September 27, 1985 (50 FR 39525), and February 21, 1990 (55 FR 6183). 
Gouania vitifolia was included as a Category 1* species on all three 
notices of review. Category 1* species are those for which the Service 
has on file substantial information on biological vulnerability and 
threats in the recent past, but which may have already become extinct. 
Because a population of G. vitifolia was discovered in 1990, it is 
considered herein for listing. Diellia unisora was considered a 
Category 1 species on the 1980 and 1985 notices, but was changed to a 
Category 1* species on the 1990 notice. Category 1 species are those 
for which the Service has on file substantial information on biological 
vulnerability and threats to support preparation of listing proposals. 
Cyanea grimesiana ssp. obatae first appeared on the 1990 notice, as a 
category 2 species. Category 2 species are those for which there is 
some evidence of vulnerability, but for which there are not enough data 
to support listing proposals at the time. Additional recently acquired 
biological information supports listing of C. grimesiana ssp. obatae. 
The September 30, 1993, Federal Register (58 FR 51143) notice of review 
indicated all three of these species were proposed for listing.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on certain pending petitions within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further requires that 
all petitions pending on October 13, 1982, be treated as having been 
newly submitted on that date. On October 13, 1983, the Service found 
that the petitioned listing of these species was warranted but 
precluded by other pending listing actions, in accordance with section 
4(b)(3)(B)(iii) of the Act; notification of this finding was published 
on January 20, 1984 (49 FR 2485). Such a finding requires the petition 
to be recycled, pursuant to section 4(b)(3)(C)(i) of the Act. The 
finding was reviewed in October of 1984, 1985, 1986, 1987, 1988, 1989, 
1990, and 1991. Publication of the proposed rule constituted the final 
1-year finding for these species.
    On December 14, 1992, the Service published in the Federal Register 
(57 FR 39066) a proposal to list the three plant taxa from the Waianae 
Mountains, island of Oahu, as endangered. This proposal was based 
primarily on information supplied by the Hawaii Heritage Program and 
observations by botanists and naturalists. The Service now determines 
the three species primarily from the Waianae Mountains to be endangered 
with the publication of this final rule.

Summary of Comments and Recommendations

    In the December 14, 1992, proposed rule and associated 
notifications, all interested parties were requested to submit factual 
reports or information that might contribute to the development of a 
final listing decision. The public comment period ended on January 28, 
1993. Appropriate State agencies, county governments, Federal agencies, 
scientific organizations, and other interested parties were contacted 
and requested to comment. A newspaper notice inviting public comment 
was published in the ``Honolulu Advertiser'' on December 26, 1993. Two 
letters of comment were received--one from a conservation organization 
and the other from a concerned citizen--supporting the listing of these 
taxa from the Waianae Mountains, island of Oahu, but raising no 
specific issues.

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR Part 424) promulgated 
to implement the Act set forth the procedures for adding species to the 
Federal lists. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1). These factors and their application to Cyanea 
grimesiana ssp. obatae St. John (haha), Diellia unisora W.H. Wagner (no 
common name (NCN)), and Gouania vitifolia A. Gray (NCN) are as follows 
(Table 1):

                                          Table 1.--Summary of Threats                                          
----------------------------------------------------------------------------------------------------------------
                                                      Alien animals                                             
               Species                ---------------------------------------------  Alien plants     Limited   
                                            Pigs          Goats         Rodents                       numbers*  
----------------------------------------------------------------------------------------------------------------
Cyanea grimesiana ssp. obatae........  P              P              P              X              X1,2         
Diellia unisora......................  P              P              P              X              X1           
Gouania vitifolia....................  X              P              P              X              X1,2         
----------------------------------------------------------------------------------------------------------------
X=Immediate and significant threat.                                                                             
P=Potential threat.                                                                                             
*No more than 100 individuals and/or no more than 5 populations.                                                
1No more than 5 populations.                                                                                    
2No more than 10 individuals.                                                                                   

    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The habitats of the plants 
included in this final rule have undergone extreme alteration because 
of past and present land management practices, including deliberate 
alien plant and animal introductions, agricultural development, and 
military use (Frierson 1973, Wagner et al. 1985). Competition with 
alien plants and degradation of habitat by feral pigs are considered 
the greatest present threats to the three taxa.
    All of the three species are threatened by competition from one or 
more alien plant taxa. Schinus terebinthifolius (Christmas berry), an 
aggressive tree introduced to Hawaii before 1911 as an ornamental, has 
had particularly detrimental impacts (Cuddihy and Stone 1990). This 
fast-growing alien plant is able to form dense thickets, displacing 
other plants, and also may release a chemical that inhibits the growth 
of other species (Smith 1985). As early as the 1940s, Christmas berry 
had invaded the dry slopes of Oahu and it is now replacing the native 
vegetation of much of the southern Waianae Mountains (Cuddihy and Stone 
1990). Christmas berry is gradually invading other areas of the Waianae 
Mountains as well, and now threatens to occupy the habitat of the three 
endangered plant taxa (HHP 1992a2, 1992b2 to 1992b4, 1992c5).
    Psidium cattleianum (strawberry guava), a pervasive alien tree in 
the southern Waianae Mountains, is distributed mainly by feral pigs and 
fruit-eating birds (Smith 1985). Like Christmas berry, strawberry guava 
is capable of forming dense stands to the exclusion of other plant taxa 
(Cuddihy and Stone 1990). Populations of Diellia unisora and Gouania 
vitifolia are immediately threatened by competition with this alien 
plant (HHP 1992b3, 1992c5).
    Clidemia hirta (Koster's curse), a noxious shrub first cultivated 
in Wahiawa on Oahu, spread to the Koolau Mountains in the early 1960s, 
where it is now rapidly displacing native vegetation. Koster's curse 
spread to the Waianae Mountains around 1970 and is now widespread 
throughout Honouliuli (Cuddihy and Stone 1990, Culliney 1988). This 
species forms a dense understory, shading other plants and hindering 
plant regeneration. At present, Koster's curse is the major threat to 
Cyanea grimesiana ssp. obatae (HHP 1992a2).
    The native vegetation of the leeward ridges of the Waianae 
Mountains is being replaced by Melinus minutiflora (molasses grass), 
another aggressive alien plant species. Molasses grass ranges from the 
dry lowlands to the lower wet forests, especially in open areas with 
sparse vegetation. This fire-adapted grass produces a dense mat capable 
of smothering plants, provides fuel for fires, and carries fires into 
areas with native woody plants (Cuddihy and Stone 1990). One population 
of Diellia unisora is vulnerable to molasses grass (HHP 1992b2, 
1992b4).
    Passiflora suberosa (huehue haole), a vine that smothers small 
plants in the subcanopy of dryland habitats (Smith 1985), poses an 
immediate threat to some populations of Diellia unisora (HHP 1992b2, 
1992b3). With its major infestations in the Waianae Mountains, it is 
also a probable threat to the only known extant population of
Gouania vitifolia (HHP 1992c5).
    Feral pigs (Sus scrofa) have been in the Waianae Mountains for 
about 150 years and are known to be one of the major current modifiers 
of forest habitats (Stone 1985). Pigs damage the native vegetation by 
rooting and trampling the forest floor and encourage the expansion of 
alien plants that are better able to exploit the newly tilled soils 
than are native taxa (Stone 1985). Pigs also disseminate alien plant 
taxa through their feces and on their bodies, accelerating the spread 
of alien plant taxa within the native forest. Present throughout the 
Waianae Mountains in low numbers, feral pigs pose a potential threat as 
some pig trails and rooting have been seen in the general areas of all 
three plant taxa included in this rule. The rooting was localized and 
no direct damage to any of the three plant taxa was noted. However, 
this situation could change very quickly (HHP 1992a2, 1992b2, 1992b3, 
1992c5).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Illegal collecting for scientific or 
horticultural purposes or excessive visits by individuals interested in 
seeing rare plants could result from increased publicity. This is a 
potential threat to all of the taxa included in this final rule, but 
especially to Cyanea grimesiana ssp. obatae, which is known from only a 
single population of five plants, and Gouania vitifolia, which is known 
from only one population of two probable clones. Collection of whole 
plants or reproductive parts of these taxa could cause an adverse 
impact on the gene pool and threaten the survival of the taxa. 
Disturbance to the area by human trampling also could promote erosion 
and greater ingress by competing alien taxa.
    C. Disease or predation. Introduced slugs have been observed to 
feed on ripe fruits and seeds of Cyanea grimesiana ssp. obatae. This 
predation could seriously affect the reproduction of this taxon (L. 
Mehrhoff, pers. comm., 1993). In addition, rats (Rattus spp.) and feral 
goats (Capra hircus), as well as feral pigs, are known from the area 
and damage to fruits, seeds, and plants from their foraging on other 
plant taxa has been observed.
    D. The inadequacy of existing regulatory mechanisms. Of the three 
taxa in this final rule, two have populations located on private land, 
one on State land, and one on Federal land. Diellia unisora is known 
only from Federal and private lands; Gouania vitifolia is known only 
from State land; Cyanea grimesiana ssp. obatae is known only from 
private lands. Federal listing automatically results in listing under 
Hawaii State law, which prohibits taking of endangered plants in the 
State and encourages conservation by State agencies. State regulations 
prohibit the removal, destruction, or damage of plants found on State 
lands. However, the regulations are difficult to enforce because of 
limited personnel. Hawaii's Endangered Species Act (HRS, Sect. 195D-
4(a)) states, ``Any species of aquatic life, wildlife, or wild plant 
that has been determined to be an endangered species pursuant to the 
[Federal] Endangered Species Act shall be deemed to be an endangered 
species under the provisions of this chapter * * *'' Further, the State 
may enter into agreements with Federal agencies to administer and 
manage any area required for the conservation, management, enhancement, 
or protection of endangered species (HRS, sect. 195D-5(c)). Funds for 
these activities could be made available under section 6 of the Federal 
Act (State Cooperative Agreements). Listing of these three plant taxa, 
therefore, reinforces and supplements the protection available to the 
taxa under State law. The Federal Act also offers additional protection 
to these three taxa because it is a violation of the Act for any person 
to remove, cut, dig up, damage, or destroy any such plant in an area 
not under Federal jurisdiction in knowing violation of State law or 
regulation or in the course of any violation of a State criminal 
trespass law.
    E. Other natural or manmade factors affecting its continued 
existence. The small number of populations and individuals of all of 
these taxa increases the potential for extinction from stochastic 
events. The limited gene pool may depress reproductive vigor, or a 
single human-caused or natural environmental disturbance could destroy 
a significant percentage of the individuals or the only known extant 
population. All three taxa in this rule are known from three or fewer 
populations.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these taxa in determining to issue this final 
rule. Based on this evaluation, the preferred action is to list these 
three plant taxa as endangered. These taxa are known from fewer than 
five populations. The three taxa are threatened by one or more of the 
following: Habitat degradation and competition from alien plants; 
habitat degradation and potential predation by feral animals, 
particularly pigs; and lack of legal protection or difficulty in 
enforcing laws which are already in effect. Small population size and 
limited distribution make these taxa particularly vulnerable to 
extinction and/or reduced reproductive vigor from stochastic events. 
Because these three taxa are in danger of extinction throughout all or 
a significant portion of their ranges, they fit the definition of 
endangered as defined in the Act.
    Critical habitat is not being designated for the three taxa 
included in this rule, for reasons discussed in the ``Critical 
Habitat'' section of this final rule.

Critical Habitat

    Section 4(a)(3) of the Act, as amended, requires that, to the 
maximum extent prudent and determinable, the Secretary designate 
critical habitat at the time a species is listed as endangered or 
threatened. The Service finds that designation of critical habitat is 
not presently prudent for these taxa. The publication of precise maps 
and descriptions of critical habitat in the Federal Register and local 
newspapers as required in a proposal for critical habitat would 
increase the degree of threat to these plants from take or vandalism 
and, therefore, could contribute to their decline and increase 
enforcement problems. The listing of these taxa as endangered 
publicizes the rarity of the plants and thus can make these plants 
attractive to researchers, curiosity seekers, or collectors of rare 
plants. All involved parties and the major landowners have been 
notified of the importance of protecting the habitat of these taxa. 
Protection of the habitat of the taxa will be addressed through the 
recovery process. Although one of these taxa is located on a federally 
owned military reservation, it is on steep slopes near the reservation 
boundaries where it is unlikely to be impacted by Federal activities. 
Therefore, the Service finds that designation of critical habitat for 
these taxa is not prudent at this time, because such designation would 
increase the degree of threat from vandalism, collecting, or other 
human activities and because it is unlikely to aid in the conservation 
of these taxa.

Available Conservation Measures

    Conservation measures provided to species listed as endangered 
under the Endangered Species Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the State and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against certain activities 
involving listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered and with respect to its critical habitat, if any 
is being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) requires Federal agencies to confer informally with the 
Service on any action that is likely to jeopardize the continued 
existence of species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) requires Federal agencies to 
insure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of the species or to 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service. 
One of these plant taxa. Diellia unisora, is located on the Lualualei 
Naval Reservation under the jurisdiction of the U.S. Department of 
Defense. However, because the plant is located on steep slopes near the 
reservation boundaries, it is unlikely to be impacted by Federal 
activities. There are no other known Federal activities that occur 
within the present known habitat of these three plant taxa.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 set forth a series of general prohibitions and 
exceptions that apply to all endangered plant species. With respect to 
the three endangered plant taxa, all prohibitions of section 9(a)(2) of 
the Act, implemented by 50 CFR 17.61, would apply. These prohibitions, 
in part, make it illegal with respect to any endangered plant for any 
person subject to the jurisdiction of the United States to import or 
export; transport in interstate or foreign commerce in the course of a 
commercial activity; sell or offer for sale in interstate or foreign 
commerce; remove and reduce to possession any such species from an area 
under Federal jurisdiction; maliciously damage or destroy any such 
species on any area under Federal jurisdiction; or remove, cut, dig up, 
damage, or destroy any such species on any other area in knowing 
violation of any State law or regulation or in the course of any 
violation of a State criminal trespass law. Certain exceptions apply to 
agents of the Service and State conservation agencies. The Act and 50 
CFR 17.62 and 17.63 also provide for the issuance of permits to carry 
out otherwise prohibited activities involving endangered plant species 
under certain circumstances. It is anticipated that few trade permits 
would ever be sought or issued because the plants are not common in 
cultivation nor in the wild.
    Requests for copies of the regulations concerning listed plants and 
inquiries regarding prohibitions and permits may be addressed to the 
Office of Management Authority, U.S. Fish and Wildlife Service, 4401 
North Fairfax Drive, Room 432, Arlington, Virginia 22203-3507 (703/358-
2104).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment or Environmental Impact Statement, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Pacific Islands Office (see 
ADDRESSES section).

Authors

    The primary authors of this rule are Marie M. Bruegmann, Loyal A. 
Mehrhoff, and Derral R. Herbst of the Fish and Wildlife Service Pacific 
Islands Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is hereby amended as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Section 17.12(h) is amended by adding the following, in 
alphabetical order under the families indicated, and by adding a new 
family ``Polypodiaceae--Fern family,'' in alphabetical order, to the 
List of Endangered and Threatened Plants to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                Species                                                                                         
----------------------------------------   Historic range       Status     When listed    Critical     Special  
  Scientific name        Common name                                                      habitat       rules   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Campanulaceae--Bell                                                                                             
 flower family:                                                                                                 
    Cyanea           Haha..............  U.S.A. (HI).......  E                     540           NA           NA
     grimesiana ssp                                                                                             
     obatae.                                                                                                    
                                                                                                                
                                                  * * * * * * *                                                 
Polypodiaceae--Fern                                                                                             
 family:                                                                                                        
    Diellia unisora  None..............  U.S.A. (HI).......  E                     540           NA           NA
                                                                                                                
                                                  * * * * * * *                                                 
Rhamnaceae--Bucktho                                                                                             
 rn family:                                                                                                     
    Gouania          None..............  U.S.A. (HI).......  E                     540           NA           NA
     vitifolia.                                                                                                 
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: June 6, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-15539 Filed 6-24-94; 8:45 am]
BILLING CODE 4310-55-P