Federal Register, Volume 59 Issue 185 (Monday, September 26, 1994)

[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23751]

[[Page Unknown]]

[Federal Register: September 26, 1994]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB92

Endangered and Threatened Wildlife and Plants; Endangered Status
for Four Ferns From the Hawaiian Islands

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 four plants: Asplenium fragile var. insulare (no
common name (NCN)), Ctenitis squamigera (pauoa), Diplazium molokaiense
(NCN), and Pteris lidgatei (NCN). Asplenium fragile var. insulare is
currently known only from the island of Hawaii. The three other species
are reported from more than one island: Ctenitis squamigera is known
from the islands of Oahu, Lanai, and Maui, and Diplazium molokaiense
and Pteris lidgatei are known from Oahu and Maui. The four plant taxa
and their habitats have been variously affected or are threatened by
one or more of the following: Habitat degradation and/or predation by
feral goats, sheep, cattle, axis deer, and pigs; and competition for
space, light, water, and nutrients from alien plants. Because of the
small number of extant individuals and their severely restricted
distributions, populations of these taxa are subject to an increased
likelihood of extinction from stochastic events. This final rule
implements the Federal protection provided by the Act.

EFFECTIVE DATE: October 26, 1994.

ADDRESSES: The complete file for this 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, Field Supervisor, at
the above address (808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

Asplenium fragile var. insulare, Ctenitis squamigera, Diplazium
molokaiense, and Pteris lidgatei are endemic to the Hawaiian Islands.
Asplenium fragile var. insulare is currently known only from the island
of Hawaii. Ctenitis squamigera is known from the islands of Oahu,
Lanai, and Maui. Diplazium molokaiense and Pteris lidgatei are known
from Oahu and Maui.
The vegetation of the Hawaiian Islands varies greatly according to
elevation, moisture regime, and substrate. Major vegetation formations
include forests, woodlands, shrublands, grasslands, herblands, and
pioneer associations on lava and cinder substrates. There are lowland,
montane, and subalpine forest types. Coastal and lowland forests are
generally dry or mesic, and may be open- or closed-canopied, with the
canopy generally under 10 meters (m) (30 feet (ft)) in height. Of the
four endangered fern taxa, three have been reported from lowland forest
habitat. Ctenitis squamigera is typically found in lowland mesic
forests, while Pteris lidgatei appears to be restricted to lowland wet
forest. Diplazium molokaiense has been reported from lowland to montane
forests in mesic to wet settings. Montane forests, occupying elevations
between 1,000 and 2,000 m (3,000 and 6,500 ft) are dry to mesic on the
leeward (southwest) slopes of Maui and Hawaii. On those islands, as
well as Oahu and Lanai, mesic to wet montane forests occur on the
windward (northeast) slopes and summits. The dry and mesic forests may
be open- to closed-canopied, and may exceed 20 m (65 ft) in stature.
Asplenium fragile var. insulare has been reported from montane mesic
and dry forest habitats. Diplazium molokaiense is also found in montane
mesic forests as well as montane wet forests. At high montane and
subalpine elevations, above 2,000 m (6,500 ft) elevation, the forests
are usually open-canopied, and form a mosaic with surrounding
grasslands and shrublands. Subalpine forests and associated ecosystems
are known only from East Maui and the island of Hawaii. Asplenium
fragile var. insulare has been reported from subalpine dry forest and
shrubland habitat (Gagne and Cuddihy 1990).
The land that supports these four plant taxa is owned by the State
of Hawaii, the Federal government, and private entities. The State
lands are under the jurisdiction of the Department of Land and Natural
Resources (including the natural area reserves system, forest reserves,
and State parks) and the Department of Hawaiian Home Lands. Federally
owned land consists of Hawaii Volcanoes National Park, Pohakuloa
Training Area on the island of Hawaii, and Schofield Barracks Military
Reservation on Oahu. The latter two are under the jurisdiction of the
U.S. Army.

Discussion of the Four Taxa

The Hawaiian plants now referred to as Asplenium fragile var.
insulare were considered by William Hillebrand (1888) to be conspecific
with Asplenium fragile from Central and South America. The Hawaiian
plants were subsequently treated as a distinct endemic species,
Asplenium rhomboideum Brack. (Robinson 1913). However, that species is
now considered native to the New World and not present in Hawaii. The
name Asplenium fragile var. insulare was published in 1947, as the
Hawaiian plants were considered distinct at the varietal level from the
extra-Hawaiian plants (Morton 1947).
Asplenium fragile var. insulare, a member of the spleenwort family
(Aspleniaceae), is a fern with a short suberect stem. The leaf stalks
are 5 to 15 centimeters (cm) (2 to 6 inches (in)) long. The main axis
of the frond is dull gray or brown, with two greenish ridges. The
fronds are thin-textured, bright green, long and narrow, 23 to 41 cm (9
to 16 in) long, 2 cm (0.8 in) wide above the middle, and pinnate with
20 to 30 pinnae (leaflets) on each side. The pinnae are rhomboidal, 0.8
cm (0.3 in) wide, and notched into two to five blunt lobes on the side
towards the tip of the frond. The sori (spore-producing bodies) are
close to the main vein of the pinna, with one to two on the lower side
and two to four on the upper side (Hillebrand 1888, Wagner and Wagner
1992). The Hawaiian fern species most similar to Asplenium fragile var.
insulare is Asplenium macraei. The two can be distinguished by a number
of characters, including the size and shape of the pinnae and the
number of sori per pinna (Wagner and Wagner 1992).
Asplenium fragile var. insulare was known historically from East
Maui, where it was recorded from the north slope of Haleakala and
Kanahau Hill (Hawaii Heritage Program 1992a6, Hillebrand 1888). On the
island of Hawaii, the taxon was found historically below Kalaieha,
Laumaia, and Puu Moana on Mauna Kea (HHP 1992a12, 1992a14, 1992a15),
Puuwaawaa on Hualalai (HHP 1992a4), west of Keawewai, above Kipuka Ahiu
on Mauna Loa (HHP 1992a3, 1992a5), and near Hilo (HHP 1992a2). This
fern is now known from eight populations on Hawaii between 1,600 and
2,377 m (5,250 and 7,800 ft) elevation (HHP 1992a7, Shaw 1992). These
populations are on Federal, State, and private land. The populations
are located at Keanakolu, Puu Huluhulu, Pohakuloa Training Area (nine
subpopulations), Kulani Correctional Facility, Keauhou, the Mauna Loa
Strip in Hawaii Volcanoes National Park, Kapapala Forest Reserve, and
the summit area of Hualalai (HHP 1992a1, 1992a7 to 1992a11, 1992a13;
Shaw 1992; Paul Higashino, The Nature Conservancy of Hawaii, Daniel
Palmer, naturalist, and Warren H. Wagner, Jr., University of Michigan,
pers. comms., 1992). The eight known populations total about 295 plants
(Shaw 1992; Robert Shaw, in litt., 1993; P. Higashino, D. Palmer, and
W. Wagner, pers. comms., 1992). This fern is found in Metrosideros
(Ohia) Dry Montane Forest, Dodonaea (Aalii) Dry Montane Shrubland,
Myoporum/Sophora (Naio/Mamane) Dry Montane Forest (Shaw 1992), and
ohia/Acacia (koa) forest (HHP 1992a9). Asplenium fragile var. insulare
grows almost exclusively in lava tubes, pits, and deep cracks, with at
least a moderate soil or ash accumulation, associated with mosses and
liverworts. Infrequently, this fern has been found growing on the
interface between younger aa lava flows and much older pahoehoe lava or
ash deposits (Shaw 1992). The primary threats to Asplenium fragile var.
insulare are browsing by feral sheep (Ovis aries) and goats (Capra
hircus) and competition with the alien plant Pennisetum setaceum
(fountain grass). At least one population is threatened by military
operations and/or fires resulting from these operations (Loyal
Mehrhoff, U.S. Fish and Wildlife Service (USFWS), pers. comm., 1993).
Stochastic extinction due to the relatively small number of existing
individuals is also of concern.
Ctenitis squamigera was first published as Nephrodium squamigerum
by Hooker and Arnott in 1832. The species was subsequently placed in
the genera Lastraea, Aspidium, and Dryopteris. In 1957 it was
transferred to the genus Ctenitis, resulting in the currently accepted
combination Ctenitis squamigera (Degener and Degener 1957).
Ctenitis squamigera, a member of the spleenwort family
(Aspleniaceae), has a rhizome (horizontal stem) 5 to 10 millimeters
(mm) (0.2 to 0.4 in) thick, creeping above the ground and densely
covered with scales similar to those on the lower part of the leaf
stalk. The leaf stalks are 20 to 60 cm (8 to 24 in) long and densely
clothed with tan-colored scales up to 1.8 cm (0.7 in) long and 1 mm
(0.04 in) wide. The leafy part of the frond is deltoid to ovate-oblong,
dark green, thin, and twice pinnate to thrice pinnatifid (leaflet
sections). The sori are tan-colored when mature and in a single row
one-third of the distance from the margin to the midrib of the ultimate
segments (Degener and Degener 1957). Ctenitis squamigera can be readily
distinguished from other Hawaiian species of Ctenitis by the dense
covering of tan-colored scales on its fronds (Wagner and Wagner 1992).
Historically, Ctenitis squamigera was recorded from above Waimea on
Kauai (HHP 1992b3); Kaluanui, southeast of Kahana Bay, Pauoa, Nuuanu,
Niu, and Wailupe in the Koolau Mountains of Oahu (HHP 1992b4 to 1992b5,
1992b9 to 1992b12); at Kaluaaha Valley on Molokai (HHP 1992b6); in the
mountains near Koele on Lanai (HHP 1992b7); in the Honokohau Drainage
on West Maui (HHP 1992b1); and at ``Kalua'' on the island of Hawaii
(HHP 1992b13). The seven populations that have been observed within the
last 50 years are in the Waianae Mountains of Oahu, Lanai, and East and
West Maui. The two Waianae Mountain populations are in the East
Makaleha/Kaawa area and at Schofield Barracks (HHP 1991, 1992b2; W.
Wagner, pers. comm., 1992). On Lanai, Ctenitis squamigera is known from
the Waiapaa-Kapohaku area on the leeward side of the island, and Lopa
Gulch and Waiopa Gulch on the windward side (HHP 1991). The West Maui
population is in Iao Valley (Joel Lau, HHP, pers. comm., 1992). The
East Maui population is at Manawainui Stream, 3.5 kilometers (km) (2.2
miles (mi)) north of Kaupo Village (HHP 1992b8). The seven populations
are on State, Federal, and private land and total approximately 80
plants (J. Lau and W. Wagner, pers. comms., 1992). This species is
found in the understory of forests at elevations of 380 to 915 m (1,250
to 3,000 ft) (HHP 1991, 1992b8), in Ohia/Diospyros (Lama) Mesic Forest
and diverse mesic forest (HHP 1991). Associated plant taxa include
Myrsine (kolea), Psychotria (kopiko), and Xylosma (maua) (HHP 1991; J.
Lau, pers. comm., 1992). The primary threats to Ctenitis squamigera are
habitat degradation by feral pigs (Sus scrofa), goats, and axis deer
(Axis axis); competition with alien plant taxa; and stochastic
extinction due to the small number of existing populations and
individuals.
Diplazium molokaiense was published by Winifred Robinson (1913) as
a new name for the Hawaiian plants that had previously been referred to
as the extra-Hawaiian species, Asplenium arboreum Willd., by Hillebrand
(1888).
Diplazium molokaiense, a member of the spleenwort family
(Aspleniaceae), has a short prostrate rhizome. The leaf stalks are 15
to 20 cm (6 to 8 in) long and green or straw-colored. The frond is
thin-textured, ovate-oblong, 15 to 50 cm (6 to 20 in) long and 10 to 15
cm (4 to 6 in) wide, truncate at the base, and pinnate with a
pinnatifid apex. The sori are 0.8 to 1.3 cm (0.3 to 0.5 in) long and
lie alongside the side veins of the pinnae (Hillebrand 1888, Wagner and
Wagner 1992). Diplazium molokaiense can be distinguished from other
species of Diplazium in the Hawaiian Islands by a combination of
characters, including venation pattern, the length and arrangement of
the sori, frond shape, and the degree of dissection of the frond
(Wagner and Wagner 1992).
Historically, Diplazium molokaiense was found at Kaholuamano on
Kauai (HHP 1992c7); Makaleha on Oahu (HHP 1992c3); Kalae, Kaluaaha,
Mapulehu, and the Wailau Trail on Molokai (HHP 1992c5, 1992c11 to
1992c13); Mahana Valley and Kaiholena on Lanai (HHP 1992c8, 1992c9);
and Wailuku (Iao) Valley and Waikapu on West Maui (HHP 1992c1, 1992c4).
However, within the last 50 years, it has been recorded from only one
location on Oahu and three on East Maui. The Oahu population is at
Schofield Barracks in the Waianae Mountains (HHP 1992c2). The three
Maui populations are on the slopes of Haleakala: Two populations on the
north slope at Ainahou and Maliko Gulch (HHP 1992c6, 1992c10), and the
third on the south slope at Waiopai Gulch (Robert Hobdy, Hawaii
Division of Forestry and Wildlife, and J. Lau, pers. comms., 1992). The
currently known populations of Diplazium molokaiense are between 850
and 1,680 m (2,800 and 5,500 ft) in elevation (HHP 1992c6, 1992c10) in
lowland to montane habitats, including Montane Mesic Ohia/Koa Forest
(R. Hobdy, pers. comm., 1992). The four populations are on private,
State, and Federal land and total 23 individuals (R. Hobdy and W.
Wagner, pers. comms., 1992). The primary threats to Diplazium
molokaiense are habitat degradation by feral goats, cattle (Bos
taurus), and pigs; competition with alien plant taxa; and stochastic
extinction due to the extremely small number of populations and
individuals.
Cheilanthes lidgatei was described in 1883 on the basis of a
specimen collected on Oahu. Hillebrand (1888) erected the genus
Schizostege for this anomalous species. In 1897, it was placed in the
genus Pteris by H. Christ, resulting in the currently accepted
combination Pteris lidgatei (Wagner 1949).
Pteris lidgatei, a member of the maidenhair fern family
(Adiantaceae), is a coarse herb, 0.5 to 1 m (1.6 to 3.3 ft) tall. It
has a horizontal rhizome 1.5 cm (0.6 in) thick and at least 10 cm (3.9
in) long when mature. The fronds, including the leaf stalks, are 60 to
95 cm (24 to 37 in) long and 20 to 45 cm (8 to 18 in) wide. The leafy
portion of the frond is oblong-deltoid to broadly ovate-deltoid, thick,
brittle, and dark gray-green. The sori are apparently marginal in
position, either fused into long linear sori, or more typically
separated into distinct shorter sori, with intermediate conditions
being common (Wagner 1949). Pteris lidgatei can be distinguished from
other species of Pteris in the Hawaiian Islands by the texture of its
fronds and the tendency of the sori along the leaf margins to be broken
into short segments instead of being fused into continuous marginal
sori (Wagner and Wagner 1992).
Historically, Pteris lidgatei was found at Olokui on Molokai (HHP
1992d4) and Waihee on West Maui (HHP 1992d5). The species was also
recorded historically at three locations in the Koolau Mountains of
Oahu: Waiahole, Lulumahu Stream, and Wailupe (HHP 1992d1, 1992d2,
1992d6). Only three populations totaling 26 individuals, have been seen
within the past 50 years. One population, containing 13 plants, is on
State-owned land in the Kaluanui Stream drainage on the windward side
of the central Koolau Mountains at 530 to 590 m (1,750 to 1,930 ft)
elevation (HHP 1992d3; W. Wagner, pers. comm., 1992). The Kaluanui
population grows on steep stream banks in wet ohia forest with mosses
and other ferns, including Cibotium chamissoi (hapuu ii), Dicranopteris
linearis (uluhe), Elaphoglossum crassifolium, Sadleria squarrosa
(amau), and Sphenomeris chusana (palaa) (HHP 1992d3). One additional
plant was discovered on Oahu along the South Kaukonahua Stream (HHP
1993). One population of 12 plants was also discovered along the back
wall of Kauaula Valley on Maui (Steve Perlman, National Tropical
Botanical Garden, pers. comm., 1993). The primary threats to Pteris
lidgatei are the alien plant Clidemia hirta (Koster's curse), habitat
destruction by feral pigs, and stochastic extinction.

Previous Federal Action

Federal action on these plants began as a result of section 12 of
the Act, 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. In that
document, Asplenium fragile var. insulare, Diplazium molokaiense, and
Pteris lidgatei were considered to be endangered. Ctenitis squamigera
was considered to be extinct. 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 taxa 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 taxa,
including all of the above taxa considered to be endangered or thought
to be extinct. The list of 1,700 plant taxa 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, including
these four species, 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). In these three notices, Pteris lidgatei was
treated as a category 1 candidate for Federal listing. Category 1 taxa
are those for which the Service has on file substantial information on
biological vulnerability and threats to support preparation of listing
proposals. In the 1980 and 1985 notices, Asplenium fragile var.
insulare, Ctenitis squamigera, and Diplazium molokaiense were
considered category 1* species. Category 1* taxa are those which are
possibly extinct. Because new information indicated their current
existence, Asplenium fragile var. insulare (as Asplenium fragile) and
Diplazium molokaiense were given category 1 status in the 1990 notice.
In that notice, Ctenitis squamigera was still considered a category 1*
species. However, because this species was rediscovered within the past
3 years, it is included in this rule.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on petitions that present substantial information indicating
that the petitioned action may be warranted 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 taxa 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 Service
to consider the petition as having been resubmitted, 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 proposal to list the species constituted the final 1-year finding
for these four taxa.
On June 24, 1993, the Service published in the Federal Register (58
FR 34231) a proposal to list these four ferns from the Hawaiian Islands
as endangered. This proposal was based primarily on information
supplied by the Hawaii Heritage Program and observations by botanists
and naturalists. With the publication of this final rule, the Service
determines these four ferns from the Hawaiian Islands to be endangered.

Summary of Comments and Recommendations

In the June 24, 1993, 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 rule.
The public comment period ended on August 23, 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 July 16, 1993, ``The Maui
News'' on July 21, 1993, and the ``Hawaii Tribune Herald on July 19,
1993. One letter of comment was received offering additional
information on the distribution of one taxon. This information has been
incorporated into this final rule. One phone call was received opposing
the listing and raising the following issue:
Issue: The control of feral ungulates is unnecessary and done using
inhumane methods.
Response: Several studies verify that feral ungulates damage native
plants and habitats. Feral goats and pigs have been implicated in the
damage of native vegetation ranging from lowland to subalpine areas
(Mueller-Dombois and Spatz 1972; Spatz and Mueller-Dombois 1973, 1975;
Scowcroft and Sakai 1983). Goat browsing damage has been observed on
individuals of Asplenium fragile var. insulare (R. Shaw, in litt.,
1993). Goats, sheep, axis deer, and/or pigs threaten all four taxa
through habitat degradation. Recovery efforts for these four endangered
taxa should include the control of feral ungulates, but this control
should be done in the most humane way possible, consistent with the
need to protect the habitat of these taxa.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) and
regulations (50 CFR part 424) promulgated to implement the Act set
forth the procedures for adding species to the Federal lists of
endangered and threatened species. A species may be determined to be an
endangered species due to one or more of the five factors described in
section 4(a)(1). The threats facing these four taxa are summarized in
Table 1.

Table 1.--Summary of Threats
--------------------------------------------------------------------------------------------------------------------------------------------------------
Feral animal activity
Species ---------------------------------------------------------------------- Alien plants Fire Human Limited
Goats Sheep Cattle Axis deer Pigs impacts numbers\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asplenium fragile var. X X ............ ............ ............ X P X X
insulare.
Ctenitis squamigera....... X ............ ............ X X X P ............ X
Diplazium molokaiense..... X ............ X ............ X X P ............ X
Pteris lidgatei........... ............ ............ ............ ............ X X ............ ............ X
--------------------------------------------------------------------------------------------------------------------------------------------------------
X = Immediate and significant threat.
P = Potential threat.

\1\ No more than 100 individuals and/or fewer than 10 populations.

These factors and their application to Asplenium fragile Presl var.
insulare Morton (no common name (NCN)), Ctenitis squamigera (Hook. &
Arnott) Copel. (pauoa), Diplazium molokaiense W. J. Robinson (NCN), and
Pteris lidgatei (Baker) Christ (NCN) are as follows:
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. Native vegetation on all of the
main Hawaiian Islands has undergone extreme alteration because of past
and present land management practices including ranching, deliberate
animal and alien plant introductions, and agricultural development
(Cuddihy and Stone 1990, Wagner et al. 1985). Military operations
threaten at least one population of Asplenium fragile var. insulare (L.
Mehrhoff, pers. comm., 1993). Habitat disturbance caused by human
activities such as military construction and road building could
detrimentally impact Asplenium fragile var. insulare at Pohakuloa
Training Area (Shaw 1992). The primary threats facing the four
endangered taxa include ongoing and threatened destruction and
modification of habitat by feral animals and competition with alien
plants. All four taxa are threatened by feral animals. Pigs, goats,
sheep and cattle were introduced either by the early Hawaiians or more
recently by European settlers for food and commercial ranching
activities. Over the 200 years following their introduction, their
numbers increased and the adverse impacts of these ungulates on native
vegetation have become increasingly apparent.
First introduced to Maui in 1793 (Stone and Loope 1987), goats
became established on other Hawaiian islands by the 1820s (Cuddihy and
Stone 1990, Culliney 1988). Far from controlling their numbers, the era
of trade in goatskins (mid-1800s) saw the feral goat population
increase into the millions (Culliney 1988). As a result of their
agility, they were able to reach more remote areas than other ungulates
(Culliney 1988). Feral goats now occupy a wide variety of habitats,
from dry lowland forests to alpine grasslands, where they consume
native vegetation, trample roots and seedlings, accelerate erosion, and
promote the invasion of alien plants (Cuddihy and Stone 1990, Stone
1985, Stone and Loope 1987). Three of the endangered fern taxa are
threatened by habitat degradation caused by goats. On Oahu, goats are
contributing to the decline of a population of Ctenitis squamigera at
East Makaleha/Kaawa in the Mokuleia region of the Waianae Mountains
(HHP 1991). On Maui, large populations of feral goats persist on the
south slope of Haleakala, outside of Haleakala National Park, where
they threaten the population of Diplazium molokaiense at Waiopai (R.
Hobdy, pers. comm., 1992). Goats have reduced the species' habitat
there to small remnants. On the island of Hawaii, feral goats are also
present in large numbers within Pohakuloa Training Area in the saddle
between Mauna Loa and Mauna Kea, where they threaten Asplenium fragile
var. insulare through habitat degradation as well as direct browsing on
the plants (R. Shaw, in litt., 1993; J. Lau, pers. comm., 1992).
Feral sheep have become firmly established on the island of Hawaii
(Tomich 1986) since their introduction almost 200 years ago (Cuddihy
and Stone 1990). Like feral goats, sheep roam the upper elevation dry
forests of Mauna Kea (above 1,000 m (3,300 ft)), including Pohakuloa
Training Area, causing damage similar to that of goats (Stone 1985).
The presence of sheep at Pohakuloa Training Area is contributing to the
degradation of the habitat of Asplenium fragile var. insulare.
Large-scale cattle ranching in the Hawaiian Islands began in the
middle of the 19th century on the islands of Kauai, Oahu, Maui, and
Hawaii. Ranches, tens of thousands of acres in size, developed on East
Maui and Hawaii (Cuddihy and Stone 1990), where most of the State's
large ranches still exist. Degradation of native forests used for
ranching activities became evident soon after full-scale ranching
began. The negative impact of cattle on Hawaii's ecosystems is similar
to that described for goats and sheep (Cuddihy and Stone 1990, Stone
1985). Cattle ranching is the primary economic activity on the west and
southwest slopes of East Maui, where a population of Diplazium
molokaiense exists at Waiopai (R. Hobdy, pers. comm., 1992).
Habitat degradation caused by axis deer (Axis axis) is now
considered to be a major threat to the forests of Lanai (Culliney
1988). Deer browse on native vegetation, destroying or damaging the
habitat. Their trampling removes ground cover, compacts the soil,
promotes erosion, and opens areas, allowing alien plants to invade
(Cuddihy and Stone 1990, Culliney 1988, Scott et al. 1986, Tomich
1986). Extensive red erosional scars caused by decades of deer activity
are evident on Lanai. Axis deer are presently actively managed for
recreational hunting by the State Department of Land and Natural
Resources. All three of the Lanai populations of Ctenitis squamigera
are negatively affected to some extent by axis deer (HHP 1991).
Feral pigs have invaded primarily wet and mesic forests and
grasslands of Kauai, Oahu, Molokai, Maui, and Hawaii. Pigs damage the
native vegetation by rooting and trampling the forest floor, and
encourage the expansion of alien plants in the newly tilled soil (Stone
1985). Pigs also disseminate alien plant seeds through their feces and
on their bodies, accelerating the spread of alien plants through native
forest (Cuddihy and Stone 1990, Stone 1985). On Oahu, populations of
Ctenitis squamigera, Diplazium molokaiense, and Pteris lidgatei have
already sustained loss of individual plants and/or habitat as a result
of feral pig activities. The following Oahu populations are threatened
by pigs: Ctenitis squamigera at Schofield Barracks and nearby East
Makaleha-Kaawa; Diplazium molokaiense at Schofield Barracks (HHP 1991;
J. Lau, pers. comm., 1992); and, in Kaluanui Valley, the only extant
population of Pteris lidgatei (HHP 1992d3; W. Wagner, pers. comm.,
1992). On East Maui, feral pigs threaten the populations of Diplazium
molokaiense at both Ainahou and Waiopai (R. Hobdy and J. Lau, pers.
comms., 1992).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Although not currently known to be a factor,
unrestricted collecting for scientific or horticultural purposes or
excessive visits by individuals interested in seeing rare plants could
seriously impact three of these taxa. Ctenitis squamigera, Diplazium
molokaiense, and Pteris lidgatei each number fewer than 100 individuals
and fewer than 10 populations, making them especially vulnerable to
human disturbance. Such disturbance could promote erosion and greater
ingression of alien plant taxa.
C. Disease or predation. No evidence of disease has been reported
for the four endangered fern taxa. Predation by feral goats and/or
sheep has been reported for Asplenium fragile var. insulare at
Pohakuloa Training Area (Shaw 1992, R. Shaw, in litt., 1993). Because
no colonies have been completely decimated by the animals, they
apparently do not seek out this fern. However, further predation may
occur if their preferred forage is not available. Predation by feral
goats is a potential threat to the other two sizable known populations
of this fern at Keauhou and Kulani (Linda Cuddihy, Hawaii Volcanoes
National Park, pers. comm., 1992).
D. The inadequacy of existing regulatory mechanisms. Three of the
endangered fern taxa have populations located on privately owned land.
All four also occur on State and Federal lands. The known populations
of these species located on Federal lands are inadequate to ensure
their long-term survival. There are no State laws or existing
regulatory mechanisms at the present time to protect or prevent further
decline of these plants on State or private land. However, Federal
listing automatically invokes listing under Hawaii State law. Hawaii's
Endangered Species Act (HRS, Sect. 195D-4(a)) states, ``Any species of
aquatic life, wildlife, or land plant that has been determined to be an
endangered species pursuant to the Endangered Species Act [of 1973]
shall be deemed to be an endangered species under the provisions of
this chapter.'' This State law prohibits cutting, collecting,
uprooting, destroying, injuring, or possessing any listed species of
plant on State or private land, or attempting to engage in any such
conduct. However, the regulations are difficult to enforce because of
limited personnel. Further, the State law encourages conservation by
State government agencies. 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 four plant taxa therefore triggers,
reinforces and supplements the protection available under State law.
The Act also provides additional protection to these four species
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 their continued
existence. The small number of populations and of individual plants 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. For example, only 4 populations of Diplazium molokaiense
are known, totaling 23 individuals. Pteris lidgatei is known from 3
populations totaling 26 individuals, Ctenitis squamigera from 7
populations, and Asplenium fragile var. insulare from 8 populations.
Three of the endangered taxa are estimated to number no more than 100
known individuals and the fourth (Asplenium fragile var. insulare)
numbers fewer than 300 known individuals.
All four endangered fern taxa are threatened by competition with
one or more alien plant taxa. Koster's curse, a noxious shrub first
reported on Oahu in 1941, had spread through much of the Koolau
Mountains by the early 1960s, and spread to the Waianae Mountains by
1970 (Cuddihy and Stone 1990). This shrub replaces native plants of the
forest understory and poses a serious threat to the population of
Pteris lidgatei located in Kaluanui Valley on the windward side of the
Koolau Mountains (J. Lau, pers. comm., 1992). It also poses a threat to
populations of Ctenitis squamigera and Diplazium molokaiense in the
Waianae Mountains (HHP 1991; J. Lau, pers. comm., 1992).
Noxious alien plants such as Schinus terebinthifolius
(Christmasberry) have invaded the dry to mesic lowland regions of the
Hawaiian Islands. Introduced to Hawaii prior to 1911, Christmasberry
forms dense thickets that shade out and displace other plants (Cuddihy
and Stone 1990). Both of the Oahu populations of Ctenitis squamigera,
the West Maui population, and one of the Lanai populations are
negatively affected by this invasive plant, as is the population of
Diplazium molokaiense at Schofield Barracks (HHP 1991; J. Lau, pers.
comm., 1992). Psidium cattleianum (strawberry guava), a shrub or small
tree, has become naturalized on all of the main Hawaiian islands except
Niihau and Kahoolawe. Like Christmasberry, strawberry guava is capable
of forming dense stands that exclude other plant taxa (Cuddihy and
Stone 1990). This alien plant grows primarily in mesic and wet habitats
and provides food for several alien animal taxa, including feral pigs
and game birds, that disperse the plant's seeds through the forest
(Smith 1985, Wagner et al. 1985). Strawberry guava is considered one of
the greatest alien plant threats to Hawaii's wet forests and is known
to pose a direct threat to the populations of Ctenitis squamigera and
Diplazium molokaiense in the Waianae Mountains on Oahu (J. Lau, pers.
comm., 1992). It also threatens the populations of Ctenitis squamigera
on Lanai and East Maui (HHP 1991; J. Lau, pers. comm., 1992).
Fountain grass is a fire-adapted bunch grass that has spread
rapidly over bare lava flows and open areas on the island of Hawaii
since its introduction in the early 1900s. Fountain grass is
particularly detrimental to Hawaii's dry forests because it is able to
invade areas once dominated by native plants, where it interferes with
plant regeneration, carries fires, and increases the likelihood of
fires (Cuddihy and Stone 1990, Smith 1985). Fountain grass threatens
the native vegetation at PTA, competing with Asplenium fragile var.
insulare (J. Lau, pers. comm., 1992).
Toona ciliata (Australian red cedar) is a fast-growing tree that
has been extensively planted and has become naturalized in mesic to wet
forests (Wagner et al. 1990). This tree threatens populations of
Ctenitis squamigera and Diplazium molokaiense in the Waianae Mountains
of Oahu (HHP 1991; J. Lau, pers. comm., 1992). Those same populations
are threatened by Syzygium cumini (Java plum), a large evergreen tree
that forms a dense cover, excluding other taxa. Java plum is an
aggressive invader of undisturbed lowland mesic and dry forests (Smith
1985). Myrica faya (firetree) has attracted a great deal of attention
and concern for its recent explosive increase on several Hawaiian
islands. It is capable of forming a dense, nearly monospecific stand
(Cuddihy and Stone 1990). Because of its ability to fix nitrogen, it
outcompetes native taxa and enriches the soil so that other alien
plants can invade (Wagner et al. 1990). The Lanai populations of
Ctenitis squamigera are threatened by the invasion of firetree (HHP
1991; J. Lau, pers. comm., 1992). Although not yet widespread in the
Hawaiian Islands, Cinnamomum burmanii (Padang cassia) could become a
dominant component of Hawaiian mesic forests (J. Lau, pers. comm.,
1992). A dense and enlarging stand of it threatens a population of
Ctenitis squamigera on Lanai (HHP 1991).
Fire constitutes a potential threat to three of the endangered fern
taxa growing in dry to mesic grassland, shrubland, and forests on the
islands of Oahu and Hawaii. On Oahu, fire is a potential threat to
Ctenitis squamigera and the population of Diplazium molokaiense on the
Schofield Barracks Military Reservation. These populations are located
near an area currently utilized as a military firing range. Fires
originating on the firing range have the potential of spreading into
the native forest habitat of the two fern taxa (J. Lau, pers. comm.,
1992). Fire is also a potential threat to the population of Asplenium
fragile var. insulare at Pohakuloa Training Area on the island of
Hawaii (Shaw 1992), where military exercises utilizing live ammunition
are conducted. The presence of fountain grass at Pohakuloa Training
Area increases the potential of fire.
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 this final rule.
Based on this evaluation, this rulemaking will list four taxa--
Asplenium fragile var. insulare, Ctenitis squamigera, Diplazium
molokaiense, and Pteri lidgatei--as endangered. All 4 endangered taxa
are known from fewer than 10 populations and 3 of the taxa number no
more than 100 individuals. The four taxa are threatened by one or more
of the following: Habitat degradation and/or predation by feral goats,
sheep, cattle, deer, and pigs; and competition from alien plants. Small
population size and limited distribution make these taxa particularly
vulnerable to extinction from stochastic events. Because these four
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 proposed for the four taxa included
in this rule for reasons discussed in the ``Critical Habitat'' section
below.

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 determined to be endangered
or threatened. The Service finds that designation of critical habitat
is not presently prudent for these taxa. All of the taxa have extremely
low total populations and face anthropogenic threats. The publication
of precise maps and descriptions of critical habitat in the Federal
Register, as required in designation of critical habitat, would
increase the degree of threat to these plants from take or vandalism
and, therefore, could contribute to their decline. All involved parties
and the major landowners have been notified of the general location of
these taxa. Protection of the habitat of the taxa will be addressed
through the recovery process and through the section 7 consultation
process.
Two Federal departments conduct activities within the currently
known habitat of the endangered plants--the National Park Service of
the Department of the Interior and the Department of Defense. One taxon
is found in Hawaii Volcanoes National Park, where Federal law protects
all plants from damage or removal. Three taxa are located on land owned
or leased by the Department of Defense or on nearby State lands. Three
of the taxa are found on Schofield Barracks Military Reservation.
Although military and ordnance training takes place on this federally
owned property, the impact areas and buffer zones for these activities
are outside the area where the taxa occur. One taxon is known from
Pohakuloa Training Area on the Island of Hawaii. The Army is aware of
the presence and location of this taxon, and any Federal activities
that may affect the continued existence of these plants will be
addressed through the section 7 consultation process. 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 it would not provide overriding benefits.

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. Listing can encourage and result in conservation actions by
Federal, State, private organizations, and individuals. The Endangered
Species Act provides for possible land acquisition and cooperation with
the State and requires that recovery plans be developed for listed
species. The requirements for 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 or threatened 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)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed 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 consultation with the Service.
A population of Asplenium fragile var. insulare is located in
Hawaii Volcanoes National Park. Laws relating to national parks
prohibit damage or removal of any plants growing in the parks. Another
population of Asplenium fragile var. insulare is located within the
Pohakuloa Training Area. The Army is aware of the location of this
taxon, and any Federal activities that may affect the continued
existence of these plants will be addressed through the section 7
consultation process. Ctenitis squamigera, Diplazium molokaiense, and
Pteris lidgatei are found on Schofield Barracks Military Reservation.
These plants are not located inside impact or buffer zones for ordnance
training. There are no other known Federal activities that occur within
the present known habitat of these four plant taxa.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 for endangered species set forth a series of general
prohibitions and exceptions that apply to all endangered plant species.
With respect to the four fern taxa listed as endangered, 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 for
any person subject to the jurisdiction of the United States to import
or export any endangered plant species; transport such species in
interstate or foreign commerce in the course of a commercial activity;
sell or offer for sale such species in interstate or foreign commerce;
remove and reduce to possession any such species from areas 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 permits would ever be sought
or issued because the taxa are not common in cultivation or in the
wild.
Requests for copies of the regulations concerning listed plants and
inquiries regarding prohibitions and permits may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (503/231-
2063; FAX 503/231-6243).

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).

Required Determinations

This rule was not subject to review by the Office of Management and
Budget under Executive Order 12866. In accordance with the 1982
amendments to the Endangered Species Act, the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) is not applicable to section 4 listing
rules. This rule contains no recordkeeping requirements as defined
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)

References Cited

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

Authors

The primary authors of this final rule are Marie M. Bruegmann,
Joan E. Canfield, and Derral R. Herbst of the Pacific Islands Office
(see ADDRESSES section) (808/541-2749).

List of Subjects in 50 CFR Part 17

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

Regulations Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is 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, 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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Adiantaceae--maiden
hair fern family:
Pteris lidgatei None.............. U.S.A. (HI)....... E 553 NA NA

* * * * * * *
Aspleniaceae--splee
nwort family:
Asplenium None.............. U.S.A. (HI)....... E 553 NA NA
fragile var.
insulare.

* * * * * * *
Ctenitis Pauoa............. U.S.A. (HI)....... E 553 NA NA
sqamigera.

* * * * * * *
Diplazium None.............. U.S.A. (HI)....... E 553 NA NA
molokaiense.
* * * * * * *
----------------------------------------------------------------------------------------------------------------

Dated: September 9, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-23751 Filed 9-23-94; 8:45 am]
BILLING CODE 4310-55-P