[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51436-51443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24335]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AD49


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Three Plant Species (Cyanea dunbarii, Lysimachia 
maxima, and Schiedea Sarmentosa) From the Island of Molokai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list 
Cyanea dunbarii (haha), Lysimachia maxima (No common name (NCN)), and 
Schiedea sarmentosa (NCN) as endangered pursuant to the Endangered 
Species Act of 1973, as amended (Act). All three species are endemic to 
the island of Molokai, Hawaiian Islands. The three plant species and 
their habitats have been variously affected or are currently threatened 
by one or more of the following--competition, predation, or habitat 
degradation from introduced species; fire; and natural disasters. This 
proposed rule, if made final, would implement the Federal protection 
and recovery provisions afforded by the Act for these three species.

DATES: Comments from all interested parties must be received by 
December 1, 1995. Public hearing requests must be received by November 
16, 1995.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to Robert P. Smith, Pacific Islands Ecoregion Manager, U.S. Fish 
and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 
50167, Honolulu, Hawaii 96850. Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands 
Ecoregion Manager (see ADDRESSES section) (telephone 808/541--2749; 
facsimile 808/541-2756).

SUPPLEMENTARY INFORMATION:

Background

    Cyanea dunbarii, Lysimachia maxima, and Schiedea sarmentosa are 
endemic to the island of Molokai. This island, the fifth largest in the 
Hawaiian island chain, is approximately 61 kilometers (km) (38 miles 
(mi)) long, up to 16 km (10 mi) wide, and encompasses an area of about 
688 square (sq) km (266 sq mi) (Foote et al. 1972, Plasch 1985). Three 
shield volcanoes make up most of the land mass of Molokai--West Molokai 
Mountain, East Molokai Mountain, and a volcano that formed Kalaupapa 
Peninsula (Department of Geography 1983). Molokai can also be divided 
into three major sections--the west Molokai section, comprising West 
Molokai Mountain; the central Molokai section or Hoolehua Plain formed 
between the two large mountain masses; and the east Molokai section, 
incorporating East Molokai Mountain and Kalaupapa Peninsula (Foote et 
al. 1972).
    The taller and larger East Molokai Mountain rises 1,813 meters (m) 
(4,970 feet (ft)) above sea level (Walker 1990) and comprises roughly 
50 percent of the island's land area. Topographically, the 

[[Page 51437]]
windward side of East Molokai differs from the leeward side. 
Precipitous cliffs line the northern windward coast with deep 
inaccessible valleys dissecting the coastline. The annual rainfall on 
the windward side is 200 to over 375 centimeters (cm) (75 to over 150 
inches (in)), distributed throughout the year. The soils are poorly 
drained and high in organic matter. The gulches and valleys are usually 
very steep, but sometimes gently sloping (Foote et al. 1972). Much of 
the native vegetation on the northern part of East Molokai is intact 
because of its relative inaccessibility to humans and animals (Culliney 
1988), although destructive ungulates have begun to enter the coastline 
in recent years (Joel Lau, Hawaii Heritage Program (HHP), pers. comm. 
1990). Lysimachia maxima is found in windward wet forest.
    Although Molokai's windward side receives most of the island's 
rainfall, some falls onto the upper slopes of the leeward (southern) 
side, decreasing as elevation decreases, and resulting in diverse 
leeward communities, from wet forests to dry shrub and grasslands. The 
average annual rainfall on the leeward side of East Molokai is between 
80 and 130 cm (30 and 50 in), mostly falling between November and 
April. The gently sloping to very steep topography of upland regions 
has predominantly well drained and medium-textured soils (Foote et al. 
1972). Cyanea dunbarii and Schiedea sarmentosa are found in lowland 
mesic forest and dry shrubland on the leeward side of the island.
    With the advent of cattle ranching and later pineapple cultivation, 
most of Molokai, particularly West Molokai and East Molokai's southern 
section, was converted to pasture land. The only remaining large tracts 
of native vegetation are found within the Molokai Forest Reserve on the 
upper elevation portions of East Molokai. All three plant species in 
this rule are restricted to this forest reserve (Culliney 1988). The 
land that supports these three plant species is owned by various 
private parties and the State of Hawaii (including forest reserves).

Discussion of the Three Species Proposed for Listing

    Cyanea dunbarii was first described by Joseph F. Rock, who named it 
in honor of the collector, L.M. Dunbar (Rock 1919). Harold St. John 
(St. John 1987a, St. John and Takeuchi 1987) merged Cyanea with 
Delissea, the genus with priority. Lammers (1990) retained both genera 
in the currently accepted treatment of the family.
    Cyanea dunbarii, a member of the bellflower family (Campanulaceae), 
is a branched shrub 1.5 to 2 m (4.9 to 6.6 ft) tall. The oval to 
broadly elliptic leaves are 10 to 22 cm (3.9 to 8.7 in) long and 6 to 
14 cm (2.4 to 5.5 in) wide, with irregularly lobed or cleft margins. 
The flowers are arranged in groups of six to eight on a stalk that is 3 
to 7 cm (1.2 to 2.8 in) long. The corolla is white, tinged or striped 
with pale lilac and 30 to 38 mm (1.2 to 1.5 in) long. The corolla is 
slightly curved, with spreading lobes three-fourths as long as the 
tube. This species is distinguished from others in this endemic 
Hawaiian genus by the lack of prickles on the stems and the irregularly 
lobed and cleft leaf margins (Lammers 1990).
    Cyanea dunbarii was collected in 1918 at Waihanau and Waialae 
Valleys, and was not observed again until 1992, when Joel Lau of HHP 
found it in Mokomoko Gulch (HHP 1993a1 to 1993a3, Rock 1919, Wimmer 
1943). Approximately 15 to 20 mature plants are known from this 
population, which occurs on State-owned land within Molokai Forest 
Reserve, at an elevation of 685 m (2,250 ft) (HHP 1993a3; Loyal 
Mehrhoff, U.S. Fish and Wildlife Service, in litt., 1994). Cyanea 
dunbarii is found in mesic to wet Dicranopteris linearis (uluhe)-
Metrosideros polymorpha ('ohi'a) forest on moderate to steep slopes 
along a stream (HHP 1993a3; L. Mehrhoff, in litt. 1994). Associated 
species include Perrottetia sandwicensis (olomea), Pipturus albidus 
(mamaki), Clermontia kakeana (haha), Cheirodendron trigynum ('olapa), 
and Freycinetia arborea ('ie'ie) (L. Mehrhoff, in litt., 1994). The 
major threats to Cyanea dunbarii are competition with the alien plants 
Rubus rosifolius (thimbleberry), Commelina diffusa (honohono), 
Hedychium sp. (ginger), and Kalanchoe pinnata (air plant); landslides; 
and a risk of extinction from naturally occurring events (such as 
landslides or flooding) and/or reduced reproductive vigor due to the 
small number of individuals in the only known population (HHP 1993a3; 
L. Mehrhoff, in litt. 1994). Rats (Rattus spp.) are a potential threat 
since they are known to be in the area and eat stems and fruits of 
other species of Cyanea (Cuddihy and Stone 1990). Axis deer (Axis axis) 
and pigs (Sus scrofa) are potential threats to Cyanea dunbarii, since 
they are known to occur in areas adjacent to the only known population 
(L. Mehrhoff, in litt. 1994; Ed Misaki, The Nature Conservancy (TNC), 
pers. comm. 1991).
    William Hillebrand considered a plant he collected in Pelekunu 
Valley in the 1800's to be a new variety of Lysimachia hillebrandii 
(Hillebrand 1888). In 1905, R. Knuth named Hillebrand's specimen 
Lysimachia hillebrandii var. maxima (Pax and Knuth 1905). St. John 
(1987b) elevated the variety to a species, Lysimachia ternifolia. 
Wagner et al. (1990) called this taxon Lysimachia maxima. An ongoing 
revision of the genus has determined that L. ternifolia is an invalidly 
published name and concurs that L. maxima is the correct name for this 
species (Ken Marr, University of British Columbia, in litt. 1994).
    Lysimachia maxima, a member of the primrose family (Primulaceae), 
is a sprawling shrub with reddish brown bark. The leaves, borne in 
groups of three along the stems, are oval with the broadest portion at 
the tip of the leaves. The leaves are 3.8 to 8 cm (1.5 to 3 in) long 
and 1.8 to 5 cm (0.7 to 2 in) wide. The upper surface of the leaves has 
a few scattered hairs when young and the lower surface is sparsely 
covered with long, soft, rusty hairs when young. The corolla is 
purplish-yellow, bell-shaped, and about 10 to 12 mm (0.4 to 0.5 in) 
long. This species is differentiated from others in this genus by the 
leaves borne in groups of three, the broadest portion of the leaf above 
the middle, and rusty hairs that disappear with maturity (Wagner et al. 
1990).
    Lysimachia maxima is only known from one population on the rim of 
Pelekunu Valley near Ohialele, on TNC's Pelekunu Preserve immediately 
adjacent to State-owned land managed as part of Kalaupapa National 
Historical Park (HHP 1991a, Hawaii Plant Conservation Center (HPCC) 
1991a, Hillebrand 1888, Pax and Knuth 1905, Wagner et al. 1990). 
Approximately 20 to 40 individuals are currently known (L. Mehrhoff, in 
litt. 1994). This species occurs in 'ohi'a-uluhe montane wet forest at 
an elevation of 975 m (3,200 ft). Associated species include Psychotria 
sp. (kopiko), Vaccinium sp. (ohelo), Hedyotis sp. (manono), Dubautia 
sp. (na'ena'e), and Ilex anomala (kawa'u) (HPCC 1991a; L. Mehrhoff, in 
litt. 1994). The major threats to Lysimachia maxima are landslides and 
the risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of individuals in the only 
known population (HPCC 1991a; L. Mehrhoff, in litt. 1994). Pigs and 
goats are known from adjacent areas and pose a potential threat to this 
species (L. Mehrhoff, in litt. 1994).
    In 1928, Otto Degener collected a plant on Molokai that E.E. Sherff 
(1946) later named Schiedea sarmentosa. Schiedea sarmentosa was 
included in Schiedea menziesii by Wagner et al. (1990). Warren Wagner 
and Stephen Weller, who are preparing a monograph of the genus, now 
consider S. 

[[Page 51438]]
sarmentosa to be a separate species (Warren Wagner, Smithsonian 
Institution, and Stephen Weller, University of California, Irvine, in 
litt. 1994).
    Schiedea sarmentosa, a member of the pink family (Caryophyllaceae), 
is a many-branched shrub 30 to 45 cm (12 to 18 in) tall. The opposite 
leaves are slender and threadlike, 1.5 to 4.5 cm (0.6 to 1.8 in) long, 
and 0.5 to 1.5 mm (0.01 to 0.05 in) wide. The leaves are covered with 
dense, glandular hairs. There may be as many as 40 to 60 inflorescences 
on one plant, often with 50 to 100 flowers in each inflorescence. The 
flowers are female on some plants and bisexual on others. The green 
sepals are egg-shaped, 2 to 3 mm (0.07 to 0.12 in) long, and somewhat 
hairy. The staminodes (false stamens) are half as long as the sepals 
and two-branched at the tip. The fruits are oval capsules. This species 
differs from others in this endemic Hawaiian genus by its densely bushy 
habit, leaf width, hairiness, and staminode length (Sherff 1946; S. 
Weller and W. Wagner, in litt., 1994).
    Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and 
Onini Gulch (HHP 1991b, 1993b; HPCC 1991b, 1992; Sherff 1946; J. Lau, 
HHP, in litt. 1994). Currently, only two populations are known. One 
population at the boundary of TNC's Kamakou Preserve in Onini Gulch has 
approximately 30 individuals (HHP 1993b). The other population occurs 
on privately owned land in Makolelau, and consists of 4 subpopulations 
totalling approximately 300 to 400 individuals (Steve Perlman, HPCC, 
and S. Weller, pers. comms. 1994). Estimates of the total number of 
individuals have ranged up to 1,000 (J. Lau, HHP, pers. comm. 1994). An 
accurate count is somewhat difficult because this species is 
interspersed with Schiedea lydgatei (Steve Perlman, HPCC, and S. 
Weller, pers. comms. 1994). Schiedea sarmentosa is typically found on 
steep slopes in 'ohi'a-Dodonaea viscosa ('a'ali'i) lowland dry or mesic 
shrubland between 610 and 790 m (2,000 and 2,600 ft) elevation (HHP 
1991b, 1993b; HPCC 1991b, 1992). Associated species include Styphelia 
tameiameiae (pukiawe), Chenopodium oahuensis ('aheahea), Alyxia 
oliviformis (maile), Pleomele sp. (hala pepe), and Chamaesyce sp. 
('akoko) (HHP 1993b; HPCC 1991b, 1992). Major threats to Schiedea 
sarmentosa include feral goats and pigs, the alien plants Melinis 
minutiflora (molasses grass) and Ricinus communis (castor bean), and 
fire. The species is also threatened by a risk of extinction from 
naturally occurring events due to the low number of populations (J. 
Lau, in litt. 1994; S. Perlman, pers. comm. 1994).

Previous Federal Action

    Federal government action on these plants began when the Service 
published a revised notice of review in the Federal Register (55 FR 
6183) on February 21, 1990, of native plants considered for listing 
under the Act. Lysimachia maxima (as L. ternifolia) and Schiedea 
sarmentosa (as S. menziesii) were included as Category 2 candidate 
species. Category 2 candidates are those for which listing as 
endangered or threatened is possibly appropriate, but for which 
sufficient data on biological vulnerability and threats are not 
currently available to support proposed rules. Lysimachia maxima (as L. 
ternifolia) and Schiedea sarmentosa (as S. menziesii) were also 
included as Category 2 candidates in the September 30, 1993 (58 FR 
51144) notice of review. Since the 1993 notice, new information 
suggests that the numbers and distribution are sufficiently restricted 
and threats sufficiently great for the above two Category 2 species, as 
well as Cyanea dunbarii, to warrant listing at this time.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act and regulations (50 CFR 
part 424) promulgated to implement the listing provisions of the Act 
set forth the procedures for adding species to the Federal lists. A 
species may be determined to be an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1). The 
threats facing the three species in this proposed rule are summarized 
in Table 1.

                                                              Table 1.--Summary of Threats                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Alien mammals                                                                                                 
     Species      ------------------------------------------------------------  Alien plants    Substrate    Human impacts       Fire       Limited No.*
                        Deer          Goats           Pigs           Rats                          loss                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea dunbarii..  P                             P              P              X              X              P                             X1.2         
Lysimachia maxima                 P              P                                            X              P                             X1.2         
Schiedea                          X              X                             X              P              P              X              X1           
 sarmentosa.                                                                                                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key                                                                                                                                                     
X=Immediate and significant threat.                                                                                                                     
P=Potential threat.                                                                                                                                     
*=No more than 100 individuals and/or no more than 5 populations.                                                                                       
1=No more than 5 populations.                                                                                                                           
2=No more than 100 individuals.                                                                                                                         

    These factors and their application to Cyanea dunbarii Rock (haha), 
Lysimachia maxima (R. Knuth) St. John (No common name (NCN)), and 
Schiedea sarmentosa Degener & Sherff (NCN) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of their habitat or range. The habitats of the plants 
included in this proposed rule have undergone extreme alteration 
because of past and present land management practices, including 
deliberate alien animal and plant introductions, agricultural 
development, and recreational use. Natural disturbances such as storms 
and landslides also destroy habitat and can have a significant effect 
on small populations of plants. Destruction and modification of habitat 
by introduced animals pose serious threats to one of the proposed 
species and pose serious potential threats in the event that these 
introduced animals spread to portions of Molokai where the other two 
species occur (see Table 1).
    When Polynesian immigrants settled in the Hawaiian Islands, they 
brought water-control and slash-and-burn systems of agriculture and 
encouraged plants that they introduced to grow in valleys. Their use of 
the land resulted in erosion, changes in the composition of native 
communities, and a reduction of biodiversity (Cuddihy and Stone 1990, 
Kirch 1982, Wagner et al. 1985). Hawaiians settled and altered many 
areas of Molokai, including areas in which some of the proposed species 
grew. Many forested slopes were 

[[Page 51439]]
denuded in the mid-1800's to supply firewood to whaling ships, 
plantations, and island residents.
    Native plants were undoubtedly affected by these practices. Also, 
sandalwood and tree fern harvesting occurred in many areas, changing 
forest composition and affecting native species (Cuddihy and Stone 
1990).
    Beginning with Captain James Cook in 1792, early European explorers 
introduced livestock, which became feral, increased in number and 
range, and caused significant changes to the natural environment of 
Hawaii. The 1848 provision for land sales to individuals allowed large-
scale agricultural and ranching ventures to begin. So much land was 
cleared for these enterprises that climatic conditions began to change, 
and the amount and distribution of rainfall were altered (Wenkam 1969). 
Plantation owners supported reforestation programs that resulted in 
many alien trees being introduced in the hope that the watershed could 
be conserved. Beginning in the 1920's, water collection and diversion 
systems were constructed in upland areas to irrigate lowland fields, 
and this undoubtedly destroyed individuals and populations of native 
plants. The irrigation system also opened new routes for the invasion 
of alien plants and animals into native forests (Cuddihy and Stone 
1990, Culliney 1988, Wagner et al. 1990, Wenkam 1969).
    Past and present activities of introduced alien mammals are the 
primary factor in altering and degrading vegetation and habitats on 
Molokai. Feral ungulates trample and eat native vegetation and disturb 
and open areas. This causes erosion and allows the entry of alien plant 
species (Cuddihy and Stone 1990, Wagner et al. 1990). Only one of the 
species in this proposal, Schiedea sarmentosa, is directly threatened 
by habitat degradation resulting from introduced ungulates. However, 
goats, deer, and pigs are known to occur in areas adjacent to the other 
two proposed plants. Because they may invade the areas where these 
plants occur, ungulates pose a potential serious threat to Cyanea 
dunbarii and Lysimachia maxima. 
    The goat (Capra hircus), a species originally native to the Middle 
East and India, was successfully introduced to the Hawaiian Islands in 
1792. Currently populations exist on Molokai and four other islands. On 
Molokai, feral goats degrade dry forests and are now invading the 
wetter regions along the northern coast of East Molokai (Stone 1985; J. 
Lau, pers. comm. 1990). Goats are managed in Hawaii as a game animal 
and goat hunting is allowed year-round or during certain months, 
depending on the area (Hawaii Department of Land and Natural Resources 
(DLNR) n.d.-a, n.d.-b, n.d.-c, 1988). Goats browse on introduced 
grasses and native plants, especially in drier and more open 
ecosystems. Feral goats trample roots and seedlings, cause erosion, and 
promote the invasion of alien plants. They are able to forage in 
extremely rugged terrain and have a high reproductive capacity 
(Culliney 1988, Cuddihy and Stone 1990, Scott et al. 1986, Tomich 1986, 
van Riper and van Riper 1982). Although northeastern Molokai is 
considered one of the most remote and inaccessible places in the main 
Hawaiian islands, the vegetation there is predominantly exotic 
(Culliney 1988). The replacement of native vegetation is attributed to 
the large number of goats. Due to their agility, goats are able to 
reach vegetation not usually accessible to other animals (Culliney 
1988). Goats are a threat to the larger population of Schiedea 
sarmentosa and a potential threat to the only known population of 
Lysimachia maxima, since they may invade the area where this taxon 
occurs (L. Mehrhoff, in litt. 1994; S. Perlman, pers. comm. 1994).
    The pig is a species originally native to Europe, northern Africa, 
Asia Minor, and Asia. European pigs, introduced to Hawaii by Captain 
James Cook in 1778, became feral and invaded forested areas, especially 
wet and mesic forests and dry areas at high elevations. They are 
currently present on Molokai and four other islands, and inhabit rain 
forests and grasslands. Pig hunting is allowed on all islands either 
year-round or during certain months, depending on the area (DLNR n.d.-
a, n.d.-b, n.d.-c, 1988). While rooting in the ground in search of the 
invertebrates and plant material they eat, feral pigs disturb and 
destroy vegetative cover, trample plants and seedlings, and threaten 
forest regeneration by damaging seeds and seedlings. They disturb soil 
and cause erosion, especially on slopes. Alien plant seeds are 
dispersed on their hooves and coats as well as through their feces 
(Cuddihy and Stone 1990, Scott et al. 1986, Stone 1985, Tomich 1986, 
Wagner et al. 1990). Feral pigs pose an immediate threat to Schiedea 
sarmentosa and a potential threat to Cyanea dunbarii and Lysimachia 
maxima. If not controlled, habitat degradation by pigs may become a 
significant problem to the only known populations of the latter two 
species (L. Mehrhoff, in litt. 1994; S. Perlman, pers. comm. 1994).
    Of the ungulates that have become established on Molokai during the 
past 150 years, the axis deer has probably had the greatest impact on 
the native vegetation. Eight axis deer, introduced to Molokai in 1868, 
increased to thousands of animals by the 1960's (Culliney 1988, Graf 
and Nichols 1966, Tomich 1986). By the turn of the century, these deer 
had occupied much of the dry to mesic lowland areas and were also found 
in the wet forests of East Molokai, where herds so damaged the 
vegetation that professional hunters were hired to control their 
numbers (Culliney 1988, Graf and Nichols 1966, van Riper and van Riper 
1982). The native vegetation has suffered irreparable damage from 
overgrazing by these animals. Deer degrade the habitat by trampling, 
consuming, and overgrazing vegetation, which removes ground cover, 
exposing the soil to erosional action (J. Lau, pers. comm. 1990). Alien 
plant species are then able to exploit the newly disturbed areas.
    A large portion of the axis deer population on Molokai has been 
actively managed for recreational hunting by the Hawaii Division of 
Forestry and Wildlife since 1959. At present, five of the seven managed 
hunting areas on Molokai are within the Molokai Forest Reserve. Many 
areas lack maintained boundary fences that would prevent deer from 
entering more fragile habitats to the north (Cuddihy et al. 1982) and 
non-game areas to the east. Recently, axis deer have begun to enter the 
windward valleys and northern coastline of East Molokai where they were 
not previously observed (J. Lau, pers. comm. 1990). Axis deer have been 
observed in areas south of the only known population of Cyanea 
dunbarii, and pose a potential threat to this species (E. Misaki, pers. 
comm. 1991).
    Although not a direct threat at present to the plant species in 
this proposed rule, cattle (Bos taurus) ranching on Molokai has played 
a significant role over most of the past 150 years by reducing areas of 
native vegetation to vast pastures of alien grasses (Cuddihy and Stone 
1990, Pekelo 1973, Stone 1985). In 1960, approximately 61 percent of 
Molokai's land area was devoted to grazing, primarily the lower 
elevation dry to mesic forests, shrublands, and grasslands of west and 
central Molokai (Baker 1961). Cattle degraded the habitat by trampling 
and feeding on vegetation, eventually opening up the ground cover, 
exposing the soil, and increasing its vulnerability to erosion (Cuddihy 
and Stone 1990, Lindgren 1908, Pekelo 1973). Because of this alteration 
of vegetation, natural areas became limited to the upper 

[[Page 51440]]
elevation mesic to wet forests of East Molokai, where the State 
designated a single protected area--the Molokai Forest Reserve. One of 
the species in this rule is restricted to this forest reserve, which 
occupies about 30 percent of Molokai's land area (Baker 1961).
    Substrate loss due to agriculture, grazing animals (especially 
goats), hikers, and alteration of vegetation results in habitat 
degradation and loss. This particularly affects plant populations 
vulnerable to landslides on cliffs or steep slopes, including all three 
proposed species.
    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 seriously impact Cyanea dunbarii and 
Lysimachia maxima, both of which are known from only one population 
each. Collection of whole plants or reproductive parts of these two 
species could threaten their survival. Cyanea dunbarii and Schiedea 
sarmentosa have populations close to trails or roads and are, thus, 
easily accessible to collectors. The two species are, therefore, 
potentially threatened by overcollection (HHP 1993a3; HPCC 1991b, 1992; 
J. Lau, in litt. 1994).
    C. Disease or Predation. Browsing damage by goats and/or deer is a 
potential threat to all three of the proposed species in the event that 
these ungulates, present in areas adjacent to the proposed species, 
invade the sites of the species (Cuddihy et al. 1982; J. Lau, in litt. 
1994; E. Misaki, pers. comm. 1991).
    Of the four species of rodents that have been introduced to the 
Hawaiian Islands, the species with the greatest impact on the native 
flora and fauna is probably Rattus rattus (black or roof rat), which 
now occurs on all the main Hawaiian Islands around human habitations, 
in cultivated fields, and in dry to wet forests. Black rats and to a 
lesser extent Mus musculus (house mouse), Rattus exulans (Polynesian 
rat), and R. norvegicus (Norway rat) eat the fruits of some native 
plants, especially those with large, fleshy fruits. Many native 
Hawaiian plants produce their fruit over an extended period of time, 
and this produces a prolonged food supply that supports rodent 
populations. Black rats strip bark from some native plants. Rats are 
known to damage the stems and eat fruit of Cyanea species and are 
therefore a potential threat to Cyanea dunbarii (Cuddihy and Stone 
1990; Tomich 1986).
    D. The inadequacy of existing regulatory mechanisms. 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...'' (Hawaii 
Revised Statutes (HRS), sect. 195D-4(a)). Federal listing would 
automatically invoke listing under Hawaii State law. The State law 
prohibits taking of listed species on private and State lands and 
encourages conservation by State agencies (HRS, sect. 195-4).
    None of the three proposed species are currently listed by the 
State. The only known populations of Lysimachia maxima and Schiedea 
sarmentosa occur on privately owned land. The only known population of 
Cyanea dunbarii occurs on State land, within Molokai Forest Reserve. 
All three of the proposed species are located on land classified within 
conservation districts and owned by the State of Hawaii, private 
companies, or individuals. The only known population of Lysimachia 
maxima occurs on TNC's Pelekunu Preserve, and one of the two known 
populations of Schiedea sarmentosa occurs on TNC's Kamakou Preserve. 
Regardless of the owner, lands in these districts, 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 conservation 
districts are chosen by considering how best to make multiple use of 
the land (HRS, sect. 205-). 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 about 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). Before any proposed change in land use occurs on State land, is 
funded in part or in whole by county or State funds, or will 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)). Federal listing, because it automatically invokes State 
listing, would also implement these other State regulations protecting 
the plants.
    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)). If listing were to occur, 
funds for these activities could be made available under section 6 of 
the Act (State Cooperative Agreements). The Hawaii DLNR 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).
    Despite the existence of various State laws and regulations that 
protect Hawaii's native plants, their enforcement is difficult due to 
limited funding and personnel. Listing of these three plant species 
will invoke the protection available under the State Endangered Species 
Act and supplement the protection available under other laws. The 
Federal Act would offer additional protection to these three species 
because, if they were to be listed as endangered or threatened, it 
would be 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. Six species of introduced plants directly threaten 
populations of one or more of the proposed species. The original native 
flora of Hawaii consisted of about 1,000 species, 89 percent of which 
were endemic. Of the total of 1,817 species of native and naturalized 
Hawaiian flora, 47 percent were introduced from other parts of the 
world. Nearly 100 of these 

[[Page 51441]]
species have become pests (Smith 1985, Wagner et al. 1990). 
Naturalized, introduced species degrade the Hawaiian landscape and 
compete with native plants for space, light, water, and nutrients 
(Cuddihy and Stone 1990). Some of these species were brought to Hawaii 
by various groups of people, including the Polynesian immigrants, for 
food or cultural reasons. Plantation owners, alarmed at the reduction 
of water resources for their crops caused by the destruction of native 
forest cover by grazing feral animals, supported the introduction of 
alien tree species for reforestation. Ranchers intentionally introduced 
pasture grasses and other species for agriculture and, sometimes 
inadvertently, introduced weed seeds as well. Other plants were brought 
to Hawaii for their potential horticultural value (Cuddihy and Stone 
1990, Scott et al. 1986, Wenkam 1969).
    Rubus rosifolius (thimbleberry), native to Asia, is naturalized in 
disturbed mesic to wet forest on all of the main Hawaiian Islands 
(Wagner et al. 1990). This shrub threatens the only known population of 
Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
    Kalanchoe pinnata (air plant) is an herb that occurs on all the 
main islands except Niihau and Kahoolawe, especially in dry to mesic 
areas (Wagner et al. 1990). Air plant is a threat to the only known 
population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
    Ricinus communis (castor bean) became naturalized in Hawaii prior 
to 1819. Castor bean is found on all the main islands of Hawaii in low 
elevation, dry, disturbed habitats (Wagner et al. 1990). Castor bean is 
a threat to both populations of Schiedea sarmentosa (HPCC 1991b, 1992).
    Two species of Hedychium (ginger) were introduced to Hawaii in the 
late 1800's, probably by Chinese immigrants. Both species escaped from 
cultivation and are found in lowland wet and mesic forests on most of 
the main Hawaiian islands. These large, vigorous herbs mainly reproduce 
vegetatively, forming very dense stands that exclude all other growth 
(Cuddihy and Stone 1990, Wagner et al. 1990). Hedychium threatens the 
only known population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
    Commelina diffusa (honohono) is an annual herb native to the Old 
World tropics. It has become widely naturalized and is found in 
disturbed mesic and wet forests and other disturbed sites on all of the 
main Hawaiian islands except Niihau and Kahoolawe (Wagner et al. 1990). 
This species is a threat to the only known population of Cyanea 
dunbarii (L. Mehrhoff, in litt. 1994).
    Several hundred species of grasses have been introduced to the 
Hawaiian Islands, many for animal forage. Of the approximately 100 
grass species that have become naturalized, one species threatens both 
populations of Schiedea sarmentosa. Melinis minutiflora (molasses 
grass), a perennial grass first brought to Hawaii for cattle fodder and 
then planted for erosion control, is now naturalized in dry to mesic 
disturbed areas on most of the main Hawaiian Islands. The mats it forms 
smother other plants, essentially preventing seedling growth and native 
plant reproduction. As a fuel for fire, molasses grass intensifies its 
heat and carries fire into areas with woody plants. It is able to 
spread prolifically after a fire and effectively compete with fewer 
fire-adapted native plant species, creating a dense stand of alien 
grass where forests once stood. Molasses grass is becoming a major 
problem in dry sites along the many leeward ridges of East Molokai 
(Bottenfield 1958, Cuddihy and Stone 1990, O'Connor 1990, Smith 1985).
    Fire is a major threat to native plant species in dry to mesic 
habitats, especially on the leeward slopes of Molokai, where the 
largest population of Schiedea sarmentosa is located (J. Lau, in litt. 
1994). The presence of molasses grass greatly enhances the potential 
and destructiveness of fires. For example, in 1988, a human-caused fire 
consumed roughly 38 sq km (15 sq mi) of shrubland and forest from the 
southern coastline of East Molokai to the southwest corner of Kamakou 
Preserve, about 3.5 mi (5.5 km) inland (E. Misaki, pers. comm. 1991). 
Molasses grass was the main carrier of that fire (E. Misaki, pers. 
comm. 1991).
    Erosion, landslides, and rock slides due to natural weathering 
result in the death of individual plants as well as habitat 
destruction. This especially affects the continued existence of species 
or populations with limited numbers and/or narrow ranges, including all 
three proposed species. This process is often exacerbated by human 
disturbance and land use practices (see Factor A).
    The small numbers of populations and individuals of most of these 
species increase the potential for extinction from naturally occurring 
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. Two of the proposed species, Cyanea dunbarii and Lysimachia 
maxima, are known from only a single population. Schiedea sarmentosa is 
known from only two populations. Cyanea dunbarii is known from fewer 
than 20 individuals and Lysimachia maxima is known from fewer than 50 
individuals.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list Cyanea 
dunbarii, Lysimachia maxima, and Schiedea sarmentosa as endangered. All 
3 species either number fewer than 50 individuals in 1 population or 
are known from only 2 populations. The three species are threatened by 
one or more of the following--competition from alien plants; potential 
habitat degradation and/or predation by feral pigs, feral goats, rats, 
and deer; fire; substrate loss; potential human impacts; and lack of 
legal protection or difficulty in enforcing laws that are already in 
effect. Small population size and limited distribution make these 
species particularly vulnerable to extinction and/or reduced 
reproductive vigor from naturally occurring events. Because these three 
species are in danger of extinction throughout all or a significant 
portion of their ranges, they meet the definition of endangered as 
defined in the Act.
    Critical habitat is not being proposed for the three species 
included in this rule, for reasons discussed in the ``Critical 
Habitat'' section of this proposal.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection and; (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such ares are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
     Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the same 
time the species is listed. The Service finds that 

[[Page 51442]]
designation of critical habitat is not prudent for Cyanea dunbarii, 
Lysimachia maxima, and Schiedea sarmentosa at this time. Service 
regulations (50 CFR 424.12(a)(1)) state that designation of critical 
habitat is not prudent when one or both of the following situations 
exist--(1) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such a designation of critical 
habitat would not be beneficial to the species. The three species have 
very low total populations and face anthropogenic threats (see Factor 
B). The publication of precise maps and descriptions of critical 
habitat in the Federal Register would make these plants more vulnerable 
to incidents of collection and vandalism and, therefore, could 
contribute to the decline of these species and increase enforcement 
problems. The listing of these species as endangered also publicizes 
the rarity of these plants and, thus, can make these plants attractive 
to researchers, curiosity seekers, or collectors of rare plants.
    All involved parties and the major landowners have been notified of 
the location of these species. Protection of the habitats of these 
species will be addressed through the recovery process and through the 
section 7 consultation process.

Available Conservation Measures

    Conservation measures provided to plant species listed as 
endangered under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain activities. Recognition through listing results in 
public awareness and conservation actions by Federal, State, and local 
agencies, private organizations, and individuals. The Act provides for 
possible land acquisition and cooperation with the State and requires 
that recovery plans be developed for listed species. The protection 
required of Federal agencies and the prohibitions against certain 
activities involving listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered 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)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the species or 
to destroy or adversely modify its critical habitat. If a Federal 
action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with the 
Service. None of the three proposed species occurs on Federal lands and 
no known Federal activities occur within the present known habitat of 
these three plant species. The Service has not pursued prelisting 
conservation agreements for the three plant species due to a lack of 
time and resources.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered plant 
species. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to import 
or export, 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, or remove and reduce such 
species to possession from areas under Federal jurisdiction. In 
addition, for plants listed as endangered, the Act prohibits the 
malicious damaging or destruction on areas under Federal jurisdiction 
and the removal, cutting, digging up, damaging, or destroying of any 
such plants in knowing violation of any State law or regulation, 
including State criminal trespass law. Certain exceptions to the 
prohibitions 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. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species. It is anticipated that few permits would ever 
be sought or issued. The proposed species are not common in cultivation 
or in the wild.
    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. The intent of this policy is to increase public awareness 
of the effect of the listing on proposed and ongoing activities within 
the species' range. The only known population of Cyanea dunbarii is 
found on a steep slope on State-owned land. The only known population 
of Lysimachia maxima and one population of Schiedea sarmentosa are 
found on steep slopes on land owned by TNC. The other population of 
Schiedea sarmentosa is found on steep slopes on privately owned land. 
Collection, damage, or destruction of these species on non-Federal 
lands would constitute a violation of section 9, if conducted in 
knowing violation of Hawaii State law or regulations, or in violation 
of State criminal trespass law. The Service is not aware of any trade 
in these species or of any activities currently being conducted by the 
public that would be affected by this listing or result in violation of 
section 9 of the Act.
    Questions regarding whether specific activities will constitute a 
violation of section 9 of the Act should be directed to the Pacific 
Islands Ecoregion Manager (see ADDRESSES section). Requests for copies 
of the regulations regarding listed plants and inquiries regarding 
prohibitions and permits may be addressed to the Fish and Wildlife 
Service, Ecological Services, Endangered Species Permits, 911 N.E. 11th 
Avenue, Portland, Oregon 97232-4181 (telephone: 503/231-6241; 
facsimile: 503/231-6243.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial, or other relevant data concerning any 
threat (or lack thereof) to these species;
    (2) The location of any additional populations of these species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of these species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on these species.
    The final decision on this proposal will take into consideration 
the comments and any additional information received by the Service, 
and such communications may lead to a 

[[Page 51443]]
final regulation that differs from this proposal.
    The Endangered Species Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days of the date of publication of the proposal in the Federal 
Register. Such requests must be made in writing and be addressed to the 
Pacific Islands Ecoregion Manager (see ADDRESSES section).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments or Environmental Impact Statements, 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 Pacific Islands Ecoregion Office (see ADDRESSES 
section).

Author

    The author of this proposed rule is Marie M. Bruegmann, Pacific 
Islands Ecoregion Office (see ADDRESSES section). Substantial data were 
contributed by HHP and Steve Perlman and Ken Wood of HPCC.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to 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 FLOWERING PLANTS, to the List of Endangered 
and Threatened Plants to read as follows:


Sec. 17.12   Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                                                                                                            
--------------------------------------------------      Historic range            Family name           Status     When listed    Critical     Special  
     Scientific name            Common name                                                                                       habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Flowering Plants                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Cyanea dunbarii.........  haha...................  U.S.A. (HI)............  Campanulaceae..........  E             ...........           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Lysimachia maxima.......  no common name.........  U.S.A. (HI)............  Primulaceae............  E             ...........           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Schiedea sarmentosa.....  no common name.........  U.S.A. (HI)............  Caryophyllaceae........  E             ...........           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: September 20, 1995.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 95-24335 Filed 9-29-95; 8:45 am]
BILLING CODE 4310-55-P