[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27301]
[[Page Unknown]]
[Federal Register: November 10, 1994]
_______________________________________________________________________
Part VII
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Endangered Status for
the Plant Mann's Bluegrass; Final Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB97
Endangered and Threatened Wildlife and Plants; Endangered Status
for the Plant Poa Mannii (Mann's Bluegrass)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) designates
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for the plant Poa mannii (Mann's bluegrass). Four extant
populations containing a total of approximately 125 individuals of the
species are known to occur in the northwestern and north-central region
of the island of Kauai. The species and its habitat are threatened by
goats, competition by naturalized, introduced vegetation, fire,
landslides, and erosion. The existence of few populations and
individuals increases the likelihood of extinction from stochastic
events and/or reduced reproductive vigor.
This final rule implements the Federal protection provisions
provided by the Act.
EFFECTIVE DATE: December 12, 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
Poa mannii was first collected by Horace Mann, Jr., and William
Tufts Brigham in 1864 or 1865 in Waimea Canyon on the island of Kauai.
The name Poa mannii was published without a description (attributed to
William Munro) in Seemann's Journal of Botany in 1869. The specific
epithet was selected to honor one of the original collectors.
Subsequently, the species was validly published by Hillebrand (1888) in
his flora.
Poa mannii of the grass family (Poaceae) is a perennial with short
rhizomes (underground stems) and erect, tufted culms (bunched stems) 50
to 75 centimeters (cm) (20 to 30 inches (in)) tall. The leaf sheath
completely surrounds the leaf, and the ligule (appendage at the
junction of the leaf blade and sheath) completely encircles the stem,
is about 0.5 millimeters (mm) (0.02 in) long, and has a tooth about 2
to 4 mm (0.08 to 0.2 in) long and a fringed margin. The leaf blade is
up to 15 cm (6 in) long and 2 to 4 mm (0.08 to 0.2 in) wide, and has a
rough upper surface and a hairless lower surface. The panicles
(branched flower clusters) are usually less than 5 cm (2 in) long and
have primary branches 5 to 20 mm (0.2 to 0.8 in) long. The 4 to 7 mm
(0.2 to 0.3 in) long, flattened spikelets (ultimate flower clusters)
are pale greenish or yellowish brown and usually are comprised of 4 or
5 flowers. The glumes (small pair of bracts at the base of each
spikelet) are about 3 mm (0.1 in) long. The lemma (outer bract at the
base of a floret) is 3 to 4 mm (0.1 to 0.2 in) long and has cobwebby
hairs at its base. The palea (inner bract at the base of a floret) is 3
to 3.5 mm (about 0.1 in) long and has a sharp, longitudinal ridge. The
reddish brown grain-like fruit is elliptical to spindle-shaped and
about 1.5 mm (0.06 in) long. All three native species of Poa in the
Hawaiian Islands are endemic to the island of Kauai. Poa mannii is
distinguished from both Poa siphonoglossa and Poa sandvicensis by its
fringed ligule and from Poa sandvicensis by its shorter panicle
branches (O'Connor 1990).
Poa mannii is found only on the northwestern and west-central
portions of the island of Kauai. The four known populations extend over
a distance of about 10.5 by 8.5 kilometers (km) (6.5 by 5.3 miles (mi))
and are found in Kalalau, Makaha, Koaie, and Waialae Valleys, all on
State lands (David Lorence, National Tropical Botanical Garden, pers.
comm., 1992). The species was formerly found in Olokele Gulch (O'Connor
1990). Approximately 125 individuals have been observed in the extant
populations. This species typically grows on cliffs and rock faces at
elevations between 460 and 1,150 meters (m) (1,510 and 3,770 feet (ft))
in lowland and montane mesic forests. Associated species include:
Chamaesyce sp. ('akoko), Exocarpos luteolus (heau), Labordia helleri
(kamakahala), and Nototrichium sp. in Kalalau Valley; Cyrtandra wawrae
(ha'iwale) in Makaha Valley; Acacia koa (koa), Alectryon macrococcus
(mahoe), and Antidesma platyphyllum (hame) in Koaie Valley; and Bidens
cosmoides (po'ola nui), Carex meyenii, Dodonaea viscosa ('a'ali'i), and
Schiedea amplexicaulis in Waialae Valley. Threats to Poa mannii include
habitat damage, trampling, and browsing by feral goats (Capra hircus);
competition with invasive alien plants, especially Erigeron
karvinskianus (daisy fleabane), Lantana camara (lantana), and Rubus
argutus (prickly Florida blackberry); landslides in the steep habitat;
fire; and reduced reproductive vigor and/or extinction from stochastic
events due to the small number of existing populations and individuals
(D. Lorence and Ken Wood, Hawaii Plant Conservation Center, pers.
comms., 1992).
Previous Federal Action
Federal action on Poa mannii 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. 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. 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 two years old be
withdrawn. A one-year grace period was given to proposals already over
two 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 Poa mannii,
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). Poa mannii was first included in the 1980 and 1985 notices of
review as a category 1 species. 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 1990
notice of review, Poa mannii was considered a category 1* species.
Category 1* taxa are those which are possibly extinct. Since the 1990
notice of review, three previously unknown populations of the species
have been discovered, and a population has been found in an area in
which the plant was formerly known.
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 required 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 Poa mannii 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 proposed rule
constituted the final 1-year finding for this species.
On April 7, 1993, the Service published in the Federal Register (58
FR 18073) a proposal to list the plant Poa mannii as endangered. This
proposal was based primarily on information supplied by Hawaii State
Department of Land and Natural Resources unpublished reports and
observations by botanists and naturalists. The Service now determines
Poa mannii to be endangered with the publication of this rule.
Summary of Comments and Recommendations
In the April 7, 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 June 7, 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 May 12, 1993, and ``The
Garden Isle'' on May 16, 1993. No letters of comment were received.
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 Poa mannii Munro ex Hillebr. (Mann's bluegrass) are as
follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The area of Kauai in which Poa mannii is found has undergone
extreme alteration because of past and present land management
practices, including grazing, deliberate alien plant and animal
introductions, water diversion, and recreational development (Wagner et
al. 1985). Feral animals have had the greatest overall impact, altering
and degrading the vegetation and habitats of the area; feral goats
currently cause the greatest damage to the area.
Feral goats, which have inhabited the drier, more rugged areas of
Kauai since the 1820s, consume native vegetation, trample roots and
seedlings, cause erosion, and promote the invasion of alien plants
(Cuddihy and Stone 1990). Feral goats on Kauai are managed as a game
species with a limited hunting season (Tomich 1986), but their numbers
are large enough to cause considerable habitat damage. Poa mannii
survives only in very steep areas that are inaccessible to goats,
suggesting that goat predation may have eliminated this species from
more accessible locations, as is the case for other rare plants from
northwestern Kauai (Corn et al. 1979). Populations of Poa mannii are
affected by erosion and landslides, resulting, in part, from goat
activities in surrounding areas (K. Wood, pers. comm., 1992).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Unrestricted collecting for scientific or horticultural purposes
and excessive visits by individuals interested in seeing rare plants
could result from increased publicity. This is a potential threat to
Poa mannii that could also promote erosion and greater ingress by
competing alien species.
C. Disease or Predation
Poa mannii is not known to be unpalatable to goats, which inhabit
the areas where all four known populations of Poa mannii grow.
Predation is a probable reason that this species is currently found
only on cliff faces inaccessible to goats (D. Lorence and K. Wood,
pers. comms., 1992). Predation by goats constitutes a threat to the
expansion of the extant populations of Poa mannii.
D. The Inadequacy of Existing Regulatory Mechanisms
All four populations of Poa mannii are located on State
conservation district land, which, among other purposes, are regarded
as necessary for the protection of endemic biological resources and the
maintenance or enhancement of the conservation of natural resources.
Activities permitted in the conservation district are chosen by
considering how best to make multiple use of the land (HRS, sect. 205-
2). Some uses, such as maintaining animals for hunting, are based on
policy decisions, while others, such as preservation of endangered
species, are mandated by both Federal and State laws. Requests for
amendments to district boundaries or variances within existing
classifications can be made by government agencies and private
landowners (HRS, sect. 205-4). Before decisions on these requests are
made, the impact of the proposed reclassification on ``preservation or
maintenance of important natural systems or habitat'' (HRS, sects. 205-
4, 205-17), as well as the maintenance of natural resources, is
required to be taken into account (HRS, sects. 205-2, 205-4). For any
proposed land use change that would occur on county or State land, that
would be funded in part or whole by county or State funds, or that
would occur within land classified as conservation district, an
environmental assessment is required to determine whether or not the
environment will be significantly affected (HRS, chapt. 343). If it is
found that an action will have a significant effect, preparation of a
full Environmental Impact Statement is required. 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)). However, the species is not presently protected as an
endangered species under the State's endangered species provisions,
and, despite provisions for conserving endemic resources, individual
rare species may be overlooked during consideration of other land use
priorities.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The existence of only four populations consisting of approximately
125 individuals of Poa mannii 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, a
disease, or predation could destroy an entire population and a
significant percentage of the known individuals of the species. In the
steep areas where Poa mannii grows, erosion and landslides due to
natural weathering can result in the death of individual plants as well
as habitat destruction. This process especially affects the continued
existence of species or populations with limited numbers and/or narrow
ranges, such as Poa mannii, and can be exacerbated by human disturbance
and land use practices.
Competition by alien plant species is a threat to Poa mannii.
Brought to Hawaii as a cultivated herbaceous plant, daisy fleabane has
become naturalized in wetter regions of four islands (Wagner et al.
1990). Daisy fleabane has invaded Kalalau, Koaie, and Waialae Valleys,
three of the four areas where Poa mannii occurs (K. Wood, pers. comm.,
1992). Lantana, brought to Hawaii as an ornamental plant, is an
aggressive, thicket-forming shrub that can now be found on all of the
main islands in mesic forests, dry shrublands, and other dry, disturbed
habitats (Wagner et al. 1990). Lantana threatens all known populations
of Poa mannii (D. Lorence and K. Wood, pers. comms., 1992). Prickly
Florida blackberry, an aggressive alien species in disturbed mesic to
wet forests and subalpine grasslands on four islands, is considered a
noxious weed by the State of Hawaii (Smith 1985, Wagner et al. 1990).
Prickly Florida blackberry threatens the Kalalau and Waialae Valley
populations of Poa mannii (K. Wood, pers. comm., 1992).
Fire is considered an immediate threat to the rare plants of the
cliff faces and valleys of the Na Pali Coast, where the largest known
population of Poa mannii occurs. Under dry conditions, human-set fires
would spread rapidly and could destroy these plants, due to the strong
prevailing winds and dry fuel load on cliff ledges. Fire could destroy
dormant seeds as well as plants, even on steep cliffs (Clarke and
Cuddihy 1980).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in finalizing this rule. Based on
this evaluation, this rulemaking will list Poa mannii as endangered.
This species numbers only approximately 125 individuals in four known
extant populations. Threats to the continued existence of the species
include habitat degradation and/or predation by goats, competition from
alien plants, fire, landslides and erosion, and lack of legal
protection or difficulty in enforcing laws that become effective with
this listing action. Small population size and limited distribution
make the species particularly vulnerable to extinction and/or reduced
reproductive vigor from stochastic events. Because Poa mannii 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 Poa mannii 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 determined to be endangered
or threatened. The Service finds that designation of critical habitat
is not presently prudent for Poa mannii. The publication of a map and
precise description of critical habitat in the Federal Register, 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. The listing of this species as
endangered publicizes the rarity of the plant and, thus, can make it
attractive to researchers, curiosity seekers, or collectors of rare
plants. All involved parties and the major landowner have been notified
of the location and importance of protecting the habitat of this
species, which will be addressed through the recovery process and
through the section 7 consultation process. There are no known Federal
activities within the currently known natural habitat of this species.
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 because it is unlikely to aid in the
conservation of this species.
Available Conservation Measures
Conservation measures provided to species listed as endangered
under the Act include recognition, recovery actions, requirements for
Federal protection, and prohibitions against certain activities.
Listing encourages 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 plans be developed for listed species. The requirement
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 taxon 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)(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. There are no known Federal
activities that occur within the presently known habitat of Poa mannii.
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
Poa mannii, 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 to/from the United
States; 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. Section 10 of the Act and 50 CFR 17.62 also provide for the
issuance of permits under certain circumstances to carry out activities
involving endangered plants that are otherwise prohibited by section 9.
It is the policy of the Service (59 FR 34272) to identify to the
maximum extent practicable at the time a species is listed those
activities that would or would not constitute a violation of section 9
of the Act. Such information is intended to clarify the potential
impacts of a species' listing on proposed and ongoing activities within
the species' range. The four known populations of Poa mannii occur on
cliffs and rock faces located on State lands. The Service is not aware
of any otherwise legal activities proposed or being conducted by the
public at this time that will be affected by this listing and result in
a violation of section 9. Questions regarding whether specific
activities will constitute a violation of section 9 should be directed
to the Field Supervisor of the Service's Pacific Islands Office (see
ADDRESSES section). Requests for copies of the regulations concerning
listed plants and general 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).
Hawaii State Law
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)).
Therefore, Federal listing will accord the species listed status under
Hawaii State law. 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.
State law also encourages conservation of such species by State
agencies and triggers other State regulations to protect the species
(HRS, sect. 195D-4 and 5). Two populations of Poa mannii occur in
forest reserves, which have rules and regulations for the protection of
resources. State law mandates the development and implementation of
programs concerning the conservation of biological resources, including
this endangered species (HRS, sect. 195D-5(a)).
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 is available, upon
request, from the Field Supervisor, Pacific Islands Office (see
ADDRESSES section).
Authors
The authors of this rule are Marie M. Bruegmann and Zella E.
Ellshoff of the Pacific Islands Office (see ADDRESSES section), (808/
541-3441).
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 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 FLOWERING PLANTS, to the List of Endangered
and Threatened Plants, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
--------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Poa mannii.............. Mann's bluegrass........ U.S.A. (HI)............. Poaceae................ E 558 NA NA
* * * * * * *
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Dated: September 9, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-27301 Filed 11-9-94; 8:45 am]
BILLING CODE 4310-55-P