[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24280]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AB83

 

Endangered and Threatened Wildlife and Plants; Endangered Status 
for the Plant Tetramolopium capillare (Pamakani)

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 the plant Tetramolopium capillare (pamakani). Two 
extant populations containing a total of 12 known individuals of the 
species remain in the southwestern portion of West Maui. The species 
and its habitat have been variously affected or are currently 
threatened by fire and by habitat degradation and competition from 
invasive alien plant species. Due to the small number of existing 
individuals and their very narrow distribution, this species is subject 
to reduced reproductive vigor and/or an increased likelihood of 
extinction from stochastic events. This final rule implements the 
Federal protection and recovery provisions provided by the Act. It also 
makes operative State regulations that will protect Tetramolopium 
capillare as an endangered species.

EFFECTIVE DATE: October 31, 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, Field Supervisor, at 
the above address (808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

    Tetramolopium capillare was first collected in 1819 on Maui by 
Charles Gaudichaud-Beaupre. He named this sterile specimen Senecio 
capillaris, choosing the specific epithet to refer to its very narrow 
involute leaves (with margins rolled under along the edges) 
(Gaudichaud-Beaupre 1830). Based on a fertile specimen collected on 
Maui in the 1830s, Sherff (1935) described and named Tetramolopium 
bennettii. After examining and comparing type specimens, St. John 
(1965) determined that Gaudichaud-Beaupre's Senecio capillaris and 
Sherff's Tetramolopium bennettii were actually the same species and 
that Sherff had placed the taxon in the correct genus; St. John (1965) 
subsequently made the new combination Tetramolopium capillare. Later, 
St. John (1974) described a new genus, Luteidiscus, for species of 
Tetramolopium with yellow disk florets, and formed the combination 
Luteidiscus capillaris. In the current treatment of the genus, Lowrey 
(1981, 1986, 1990) does not recognize St. John's division of the genus.
    Tetramolopium capillare is a sprawling shrub with stems measuring 
50 to 80 centimeters (cm) (20 to 31 inches (in)) long and covered with 
many glands when young. The very firm, stalkless leaves are involute 
and are usually 13 to 25 millimeters (mm) (0.5 to 1 in) long and 0.4 mm 
(about 0.01 in) wide. Flower heads are situated singly at the ends of 
stalks 1 to 3.5 cm (0.4 to 1.4 in) long. Located beneath each flower 
head are 45 to 50 bracts, arranged in a structure 3 to 4 mm (about 0.1 
in) high and 7 to 10 mm (0.3 to 0.4 in) in diameter. In each flower 
head, 30 to 50 white, male ray florets, 3.5 to 4 mm (about 0.1 in) long 
and 0.6 to 8 mm (0.02 to 0.3 in) wide, surround 15 to 25 greenish 
yellow tinged with red, functionally female florets about 3.6 mm (0.1 
in) long. The achenes (dry, one-seeded fruits) measure 2 to 2.6 mm 
(0.08 to 0.1 in) long and 0.7 to 0.8 mm (0.03 in) wide and are topped 
by a white pappus comprising a single series of bristles 1.9 to 2.1 mm 
(0.07 to 0.08 in) long. Tetramolopium capillare differs from other 
species of the genus by its very firm leaves with edges rolled under, 
its solitary flower heads, the color of its disk florets, and its 
shorter pappus. It differs from Tetramolopium remyi, with which it 
sometimes grows, by its more sprawling habit and the shorter stalks of 
its smaller flower heads (Lowrey 1990).
    Historically, Tetramolopium capillare is known from Lahainaluna to 
Wailuku on West Maui (Lowrey 1981). This species is known to be extant 
near Halepohaku on State land (Hawaii Plant Conservation Center (HPCC) 
1992a, 1992b). The two known populations, which are separated by 2.4 
kilometers (km) (1.8 miles (mi)), contain a total of 12 known plants 
(Steve Perlman, HPCC, pers. comms., 1992). Tetramolopium capillare 
typically grows on rock substrates at elevations between 615 and 900 
meters (m) (2,020 to 3,000 feet (ft)) in Lowland Dry Mixed Shrub and 
Grassland and in Montane Dry Shrubland. Plant species associated with 
the higher elevation population include Dodonaea viscosa ('a'ali'i), 
Metrosideros polymorpha ('ohi'a), and Styphelia tameiameiae (pukiawe). 
'A'ali'i, Heteropogon contortus (pili grass), and Myoporum sandwicense 
(naio) are associates of the other population. The major threats to 
Tetramolopium capillare are fire; competition from alien plant species, 
particularly Lantana camara (lantana), Leucaena leucocephala (koa 
haole), and Rynchelytrum repens (Natal redtop); and reduced 
reproductive vigor and/or extinction from stochastic events due to the 
small number of existing populations and individuals (HPCC 1992a, 
1992b).

Previous Federal Action

    Federal action on this species 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, Tetramolopium capillare 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 species, including Tetramolopium 
capillare. 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 Tetramolopium capillare, 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 
notices, Tetramolopium capillare was treated as a Category 1* species. 
Category 1* species are those that are possibly extinct. Because the 
species was rediscovered in 1991, it is now being listed as endangered.
    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 Tetramolopium capillare 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 one-year finding for this species.
    On March 25, 1993, the Service published in the Federal Register 
(58 FR 16164) a proposal to list the plant Tetramolopium capillare as 
endangered. This proposal was based primarily on information from the 
Hawaii Plant Conservation Center and observations by botanists and 
naturalists. The Service now determines Tetramolopium capillare to be 
endangered with the publication of this rule.

Summary of Comments and Recommendations

    In the March 25, 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 listing 
decision. The public comment period ended May 24, 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 Star-Bulletin'' on April 19, 1993. One 
letter of comment was received, supporting the listing of Tetramolopium 
capillare. The one issue raised in this letter is discussed below.
    Issue: Over-collection of this species is not likely, and placing 
emphasis on this issue will make scientific research and horticultural 
conservation of the species more difficult.
    Response: The Service feels that unrestricted collecting should not 
be allowed, since only two populations totaling 12 individuals are 
known. This should not adversely affect non-destructive scientific 
research and ex situ conservation efforts, since permits would still be 
available for these purposes.

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. 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). These factors and their 
application to Tetramolopium capillare (Gaud.) St. John are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The habitat of Tetramolopium 
capillare has undergone extreme alteration because of past and present 
land management practices, including grazing and alien plant 
introductions. Cattle (Bos taurus), the wild progenitor of which was 
native to Europe, north Africa, and southwestern Asia, were introduced 
to the Hawaiian Islands in 1793. This animal eats native vegetation, 
tramples roots and seedlings, causes erosion, creates disturbed areas 
into which alien plants invade, and spreads seeds of alien plants 
(Cuddihy and Stone 1990). Feral cattle were formerly found on Maui and 
affected areas within the historic range of Tetramolopium capillare 
(Lowrey 1981).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Unrestricted collecting for scientific or 
horticultural purposes and substrate damage by individuals interested 
in seeing rare plants could result from increased publicity. This is a 
potential threat to Tetramolopium capillare, which has only two 
populations and a total of 12 known individuals. Any collection of 
whole plants of this species could cause an adverse impact on the gene 
pool and threaten the survival of the species.
    C. Disease or predation. No evidence of disease or predation of 
Tetramolopium capillare has been reported.
    D. The inadequacy of existing regulatory mechanisms. No State or 
Federal regulations currently protect Tetramolopium capillare. However, 
Federal listing will automatically invoke endangered species status 
under Hawaii's endangered species act.
    E. Other natural or manmade factors affecting its continued 
existence. The small number of individuals and populations of 
Tetramolopium capillare 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 an entire 
population. Erosion due to natural weathering in areas where 
Tetramolopium capillare grows can result in the death of individual 
plants as well as habitat destruction. This process especially affects 
the continued existence of taxa or populations with limited numbers 
and/or narrow ranges, such as Tetramolopium capillare, and can be 
exacerbated by human disturbance and land use practices.
    Erosion provides a suitable site for colonization by alien plants. 
Three alien plant taxa, naturalized in dry, disturbed areas on all the 
main Hawaiian islands, compete with Tetramolopium capillare. Natal 
redtop, an annual or perennial grass, is a major threat to both 
populations of Tetramolopium capillare (HPCC 1992a, 1992b; O'Connor 
1990). Both koa haole, often the dominant species in dry, disturbed, 
low elevation areas, and lantana, an aggressive, thicket-forming shrub, 
have also invaded the habitat of Tetramolopium capillare (Geesnick et 
al. 1990; HPCC 1992a; S. Perlman, pers. comm., 1992). Because both 
populations of Tetramolopium capillare grow in dry areas, fire is 
considered a threat to the species (HPCC 1992a; S. Perlman, pers. 
comm., 1992).
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in this final rule. Based on this 
evaluation, the preferred action is to list Tetramolopium capillare as 
endangered. This species numbers no more than about 12 individuals in 
two populations and is threatened by habitat degradation, competition 
from alien plants, fire, and lack of legal protection. Small population 
size and limited distribution make this species particularly vulnerable 
to reduced reproductive vigor and/or extinction from stochastic events. 
Because this species is in danger of extinction throughout all or a 
significant portion of its range, it fits the definition of endangered 
as defined in the Act.
    Critical habitat is not being proposed for Tetramolopium capillare 
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 the species is listed endangered or 
threatened. The Service finds that designation of critical habitat is 
not presently prudent for Tetramolopium capillare. The publication of a 
map and precise description of critical habitat in the Federal Register 
and local newspapers as required in a designation of critical habitat 
would increase the degree of threat to this species from take or 
vandalism and, therefore, could contribute to its decline and increase 
enforcement problems. The listing of this species as endangered 
publicizes the rarity of the plants and, thus, can make the species 
attractive to researchers, curiosity seekers, or collectors of rare 
plants. The species is found exclusively on State land. Interested 
parties and the State landowner have been notified of the importance of 
protecting the habitat of Tetramolopium capillare. Therefore, the 
Service finds that designation of critical habitat for this species is 
not prudent at this time, because such designation would increase the 
degree of threat from vandalism, collecting, or other human activities, 
and is unlikely to aid in conservation of the species.

Available Conservation Measures

    Conservation measures provided to taxa listed as endangered under 
the Act include recognition, recovery actions, requirements for Federal 
protection, and prohibitions against certain activities. Recognition 
through listing encourages and results in conservation actions by 
Federal, State, 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 taxon 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 insure 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 formal consultation with the Service. No known Federal 
activities occur within the habitat of Tetramolopium capillare, which 
is found only on State land.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 for endangered plants set forth a series of general 
prohibitions and exceptions that apply to all endangered plant species. 
With respect to Tetramolopium capillare, all of the 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 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 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. The species is 
not common in the wild and is only rarely cultivated.
    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 Office, Ecological Services, Endangered Species 
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (503/231-
2063; FAX 503/231-6243).
    Tetramolopium capillare is not presently listed as an endangered 
species by the State of Hawaii. Both populations of this species occur 
on State land. Federal listing will automatically invoke listing under 
the State's endangered species act. Hawaii's Endangered Species Act 
states, ``Any species of aquatic life, wildlife, or land 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 * * *'' (HRS, sect. 195D-4(a)). 
State law prohibits taking of endangered plants in the State and 
encourages conservation by State agencies (HRS, sect. 195D-4). State 
laws relating to the conservation of biological resources allow for the 
acquisition of land as well as the development and implementation of 
programs concerning the conservation of biological resources (HRS, 
sect. 195D-5(a)). The State also 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).
    Conservation district lands are regarded, among other purposes, as 
necessary for the protection of endemic biological resources and the 
maintenance or enhancement of the conservation of natural resources. 
Requests for amendments to district boundaries or variances within 
existing classifications can be made by government agencies and private 
landowners (HRS, sect. 205-4). The Hawaii Department of Land and 
Natural Resources is mandated to initiate changes in conservation 
district boundaries to include ``the habitat of rare native species of 
flora and fauna within the conservation district'' (HRS, sect. 195D-
5.1). Hawaii environmental policy, and thus approval of land use, is 
required by law to safeguard ``* * * the State's unique natural 
environmental characteristics * * *'' (HRS, sect. 344-3(1)) and 
includes guidelines to ``Protect endangered species of individual 
plants and animals * * *'' (HRS, sect. 344-4(3)(A)). Federal listing, 
because it results in State listing, also triggers these other State 
regulations protecting Tetramolopium capillare. Listing under the 
Federal Act would also provide additional protection to this species by 
making it an offense 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.

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

Cuddihy, L.W., and C. P. Stone. 1990. Alteration of native Hawaiian 
vegetation; effects of humans, their activities and introductions. 
Cooperative National Parks Resource Studies Unit, Honolulu, 138 pp.
Gaudichaud-Beaupre, C. 1830. Voyage autour du monde, entrepris par 
ordre du roi, * * * execute sur les corvettes de S.M. l'Uranie et la 
Physicienne, pendant les annees 1817, 1818, 1819 et 1820; publie * * 
* par M. Louis de Freycinet. Botanique. Part 12. Pillet-aine, Paris, 
pp. 465-522.
Geesnick, R., W.L. Wagner, and D.R. Herbst. 1990. Fabaceae: in 
Wagner, W.L., D.R. Herbst, and S.H. Sohmer, Manual of the flowering 
plants of Hawai'i. University of Hawaii Press and Bishop Museum 
Press, Honolulu. Bishop Mus. Spec. Publ. 83:629-720.
Hawaii Plant Conservation Center. 1992a. Accession data for 
Tetramolopium capillare, 925121, dated June 24, 1992, Lawai, Kauai. 
Unpubl., 1 p.
Hawaii Plant Conservation Center. 1992b. Accession data for 
Tetramolopium capillare, 925122, dated June 24, 1992, Lawai, Kauai. 
Unpubl., 1 p.
Lowrey, T.K. 1981. A biosystematic study of Hawaiian Tetramolopium 
(Compositae; Astereae). Ph.D. dissertation, Univ. California, 
Berkeley, 192 pp.
Lowrey, T.K. 1986. A biosystematic revision of Hawaiian 
Tetramolopium (Compositae: Astereae). Allertonia 4:203-265.
Lowrey, T.K. 1990. Tetramolopium: in Wagner, W.L., D.R. Herbst, and 
S.H. Sohmer, Manual of the flowering plants of Hawai'i. University 
of Hawaii Press and Bishop Museum Press, Honolulu. Bishop Mus. Spec. 
Publ. 83:361-369.
O'Connor, P.J. 1990. Poaceae: in Wagner, W.L., D.R. Herbst, and S.H. 
Sohmer, Manual of the flowering plants of Hawai'i. University of 
Hawaii Press and Bishop Museum Press, Honolulu. Bishop Mus. Spec. 
Publ. 83:1481-1604.
St. John, H. 1965. The identity of Senecio capillaris Gaudichaud. 
Hawaiian plant studies 26 [i.e., 122]. Ann. Missouri Bot. Gard. 
52:432-433.
St. John, H. 1974. Luteidiscus, a new genus (Compositae). Pacific 
plant studies 25. Bot. Jahrb. Syst. 94:549-555.
Sherff, E.E. 1935. Revision of Tetramolopium, Lipochaeta, Dubautia 
and Railliardia. Bernice P. Bishop Mus. Bull. 135:1-136.

    Author: The authors of this final rule are Marie M. Bruegmann 
and Zella E. Ellshoff, 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, Transportation.

Regulation Promulgation

    Accordingly, amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, 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 family indicated, to the List of 
Endangered and Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * * 

----------------------------------------------------------------------------------------------------------------
                 Species                                                                                        
-----------------------------------------    Historic range      Status    When listed    Critical     Special  
  Scientific name        Common name                                                      habitat       rules   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Asteraceae--Aster                                                                                               
 family:                                                                                                        
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
Tetramolopium        Pamakani...........  U.S.A. (HI)........  E                   556           NA           NA
 capillare.                                                                                                     
                                                                                                                
                                                                                                                
                                                 * * * * * * *                                                  
----------------------------------------------------------------------------------------------------------------

    Dated: September 9, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-24280 Filed 9-29-94; 8:45 am]
BILLING CODE 4310-55-P