[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4372-4373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2488]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88


Endangered and Threatened Wildlife and Plants; Final Rule To 
Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines to 
remove a plant, Bidens cuneata (cuneate bidens), from the List of 
Endangered Plants. This action is based on a review of the best 
available scientific and commercial data, which indicate that this 
plant is not a discrete taxonomic entity and therefore does not meet 
the definition of a species as defined by the Endangered Species Act of 
1973, as amended (Act). Extensive studies associated with a recent 
revision of the Hawaiian members of the genus have concluded that 
Bidens cuneata is an outlying population of Bidens molokaiensis, which 
is common along the windward cliffs of the island of Molokai.

EFFECTIVE DATE: February 6, 1996.

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 Ecoregion, 300 Ala 
Moana Boulevard, Room 3108, P.O. Box 50088, Honolulu, Hawaii 96850.

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

SUPPLEMENTARY INFORMATION:

Background

    The type specimen for Bidens cuneata was collected on Diamond Head, 
Oahu, by William A. Bryan on December 6, 1903, and was formally 
described by Earl E. Sherff in 1920 (Sherff 1920, Takeuchi 1980). 
Subsequent to its initial discovery, there were no further collections 
or observations of the species, leading botanists to believe that it 
could have gone extinct. In 1955, the species was rediscovered in the 
area where it was collected originally (Takeuchi 1980).
    Hybrids of the Hawaiian Bidens species can readily be induced 
experimentally and result in highly fertile progeny, indicating a 
general lack of genetic barriers within the group. Based upon 
experimental crosses in the Hawaiian members of the genus, Gillette and 
Lim (1970) concluded that Bidens cuneata was a natural hybrid between 
Bidens mauiensis, native to the island of Maui, and Bidens 
molokaiensis, which is restricted to Molokai Island; however, few 
botanists accepted this conclusion. Citing the occurrence of natural 
and experimental hybrids, Gillette (1975) later contended that the 41 
species of Hawaiian Bidens placed by Sherff in section Campylotheca 
should be considered a single species. Recent systematic studies of the 
genus (including additional experimental hybridizations) culminated in 
a revision of the Hawaiian members of the genus (Ganders and Nagata 
1990). In this publication, Bidens cuneata was considered conspecific 
with Bidens molokaiensis, a common species found along the northern 
side of Molokai Island. Bidens molokaiensis occurs between sea level 
and 150 meters (500 feet) in elevation along the seashores, sea cliffs, 
talus slopes, and fields of northern Molokai from Hoolehua to Kaonihu, 
a distance of about 37 kilometers (23 miles) or about two-thirds the 
length of the island.

Previous Federal Action

    Federal action on Bidens cuneata 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 Bidens cuneata was considered to be endangered. On July 1, 
1975, the Service published a notice in the Federal Register (40 FR 
27823) of its acceptance of the Smithsonian report as a petition within 
the context of section 4(c)(2) (now section 4(b)(3)) of the Act), and 
giving notice of its intention to review the status of the plant 
species named therein. As a result of that review, on June 16, 1976, 
the Service published a proposed rule in the Federal Register (41 FR 
24523) to determine endangered status pursuant to section 4 of the Act 
for approximately 1,700 vascular plant species, including Bidens 
cuneata. The list of 1,700 plant species was assembled on the basis of 
comments and data received by the Smithsonian Institution and the 
Service in response to House Document No. 94-51 and the July 1, 1975, 
Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
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, along with four other proposals that had expired.
    Bidens cuneata was proposed for listing as an endangered species on 
August 23, 1982 (47 FR 36675). The public comment period ended on 
November 22, 1982. The final rule listing Bidens cuneata as an 
endangered species was published in the Federal Register on February 
17, 1984 (49 FR 6099). On July 7, 1993, the Service published in the 
Federal Register (57 FR 47028) a proposal to delist Bidens cuneata. 
This proposal was based primarily on information from current taxonomic 
literature, which is the best scientific and commercial information 
available. The Service now determines Bidens cuneata should be delisted 
with the publication of this rule.

Summary of Comments and Recommendations

    In the July 7, 1993, proposed rule (57 FR 47028) and associated 
notifications, all interested parties were requested to submit factual 
reports or information that might contribute to the development of a 
final rule. 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 August 6, 1993. 
The public comment period ended on September 7, 1993. No comments were 
received.

Summary of Factors Affecting the Species

    The Act and its implementing regulations, 50 CFR 424.11, require 
that certain factors be considered before a species can be listed, 
reclassified, or delisted. These factors and their 

[[Page 4373]]
application to Bidens cuneata Sherff (cuneate bidens) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Bidens cuneata has been determined 
to be no more than an outlying population of Bidens molokaiensis, a 
common species native to the northern part of Molokai. Bidens 
molokaiensis is not significantly threatened with destruction, 
modification, or curtailment of its habitat throughout a significant 
portion of its range. The final rule (49 FR 6099) designating Bidens 
cuneata as an endangered species identified habitat degradation, 
possible reduction of reproductive success due to a decline of native 
pollinating insects, and potential fire hazards as threats contributing 
to the endangerment of that species. If Bidens cuneata were a valid 
taxon and met the definition of a species as described by the Act, then 
these factors would be relevant. However, since the entity shows no 
genetic integrity independent of Bidens molokaiensis, it cannot be 
scientifically defended as either a species or subspecies.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Such overutilization is not known to be a factor 
for Bidens molokaiensis, which includes Bidens cuneata.
    C. Disease or predation. Disease or predation is not a threat to 
Bidens molokaiensis, which includes Bidens cuneata.
    D. The inadequacy of existing regulatory mechanisms. Federal 
listing of a species as endangered or threatened automatically invokes 
listing under Hawaii State law, which prohibits taking of endangered 
plants in the state and encourages conservation by State agencies. 
State regulations prohibit the removal, destruction, or damage of 
plants found on State lands. This final rule may remove the protection 
of the State laws that this population presently enjoys as a federally 
listed species. It also requires the reevaluation of Bidens cuneata in 
the context of its status in State land use planning documents. 
However, since Bidens molokaiensis is a common species, this is not 
expected to have a detrimental effect.
    E. Other natural or manmade factors affecting its continued 
existence. None known.
    The regulations at 50 CFR 424.11(d) state that a species may be 
delisted if: (1) it becomes extinct, (2) it recovers, or (3) the 
original classification data were in error. The Service believes that 
the best current scientific information demonstrates that Bidens 
cuneata does not represent a valid taxonomic entity and, therefore, 
does not meet the definition of species as defined in section 3(15) of 
the Act.
    In accordance with 5 U.S.C. 553(d), the Service has determined that 
this rule relieves an existing restriction and good cause exists to 
make the effective date of this rule immediate. Delay in implementation 
of this delisting would cost government agencies staff time and monies 
on conducting formal section 7 consultation on actions which may affect 
a species no longer in need of the protection under the Act. Relieving 
the existing restriction associated with this listed species will 
enable Federal agencies to minimize any further delays in project 
planning and implementation for actions that may affect Bidens cuneata.

Effects of Rule

    The action to delist Bidens cuneata results in the removal of this 
species from the List of Endangered and Threatened Plants. Federal 
agencies are no longer required to consult with the Secretary of the 
Interior to insure that any action authorized, funded, or carried out 
by such agency is not likely to jeopardize the continued existence of 
Bidens cuneata. There is no designated critical habitat for this 
species. Federal restrictions on taking this species no longer apply. 
There are no specific preservation or management programs for the 
species to be terminated.

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

Ganders, F.R., and K.M. Nagata. 1990. Bidens: 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. 83:267-283.
Gillette, G.W. 1975. The diversity and history of Polynesian Bidens, 
section Campylotheca. Univ. Hawaii Harold L. Lyon Arbor. Lecture 
6:1-32.
Gillette, G.W., and E.K.S. Lim. 1970. An experimental study of the 
genus Bidens (Asteraceae) in the Hawaiian Islands. Univ. Calif. 
Publ. Bot. 56:1-63.
Sherff, E.E. 1920. Studies in the genus Bidens. V. Bot. Gaz. 70:89-
109.
Takeuchi, W. 1980. Unpublished status survey of Bidens cuneata 
Sherff. U.S. Fish and Wildlife Service, Honolulu, 29 pp.

Author

    The author of this final rule is Marie M. Bruegmann, Pacific 
Islands Ecoregion (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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


Sec. 17.12  [Amended]

    2. Section 17.12(h) is amended by removing the entry ``Bidens 
cuneata'' under ``FLOWERING PLANTS'' from the List of Endangered and 
Threatened Plants.

    Dated: November 3, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 96-2488 Filed 2-5-96; 8:45 am]
BILLING CODE 4310-55-P