[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Rules and Regulations]
[Pages 43178-43184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21334]


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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; Endangered Status 
for Three Plants From the Island of Nihoa, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for three plants: Amaranthus brownii (no common name 
(NCN)), Pritchardia remota (loulu), and Schiedea verticillata (NCN). 
These three species are endemic to the island of Nihoa, Hawaiian 
Islands. Two of the species are threatened by competition with the one 
widespread alien plant that has established on the island. Two of the 
species grow in steep, rocky habitats which are easily disturbed. 
Because of the small numbers of existing individuals and populations 
and their narrow distributions, which are limited to the 0.25 square 
mile (sq mi) (0.65 sq kilometer (km)) island, these species are subject 
to a danger of extinction and/or reduced reproductive vigor. This final 
rule implements the Federal protection provisions provided by the Act.

EFFECTIVE DATE: September 20, 1996.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, Pacific Islands 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

    Amaranthus brownii, Pritchardia remota, and Schiedea verticillata 
are endemic to the island of Nihoa, Hawaii. Nihoa is the largest and 
highest of the uninhabited islands of Hawaii. The Hawaiian Archipelago 
is made up of 132 islands, reefs, and shoals forming an arch 1,600 
statute mi (2,580 km) long in the middle of the Pacific Ocean. The 
eight major Hawaiian Islands occur in the southeast 400 mi (650 km) of 
the arch. Northwest of Niihau, small islands and atolls are widely 
scattered over the remaining 1,200 mi (1,930 km) of the arch and make 
up the Northwestern Hawaiian Islands (NWHI) (formerly called the 
Leeward Islands) (Department of Geography 1983, Macdonald et al. 1983, 
Walker 1990). Nihoa, the largest of the lava islands west of Niihau, is 
the closest to the main islands, situated 170 mi (275 km) northwest of 
Kauai. Over many years, waves driven by prevailing trade winds eroded 
the island into its current shape, which is the remnant southwest 
quadrant of the original huge volcanic cone. The east, west, and north 
sides of Nihoa are sheer cliffs, and the south coast comprises low 
cliffs with rock benches and one small beach (Cleghorn 1987, Gagne and 
Conant 1983, Macdonald et al. 1983). The island, formed about 7.5 
million years ago by a single shield volcano, now measures only 0.85 mi 
(1.4 km) long, an average of 0.3 mi (0.5 km) wide, and 156 acres (ac) 
(63.1 hectares (ha)) in area (Macdonald et al. 1983, Walker 1990). The 
highest point, 896 feet (ft) (273 meters (m)) in elevation (Conant 
1985), is located at one of the two peaks on Nihoa, which are separated 
by a depression dissected by six valleys (Macdonald et al. 1983). The 
elevation of the island is not sufficient to increase precipitation 
from that which would fall on a flat island, and the yearly rainfall of 
20 to 30 inches (in) (508 to 762 millimeters (mm)) per year, usually 
concentrated in the winter months, is the result of unpredictable rain 
squalls passing over the island (Carlquist 1980, Cleghorn 1987). 
Valleys are deep and have little sediment, indicating that their 
streams were once powerful, but the only water on the island now is 
found in three freshwater seeps (Cleghorn 1987).
    Nihoa, with the most diverse flora and fauna of any of the NWHI, 
presents a relatively intact low-elevation dryland ecosystem with a 
complement of native plants, arthropods, and birds (Gagne 1982). Such 
areas were probably common in the main Hawaiian Islands prior to their 
disturbance by Polynesian agricultural practices (Cuddihy and Stone 
1990). Nihoa was first inhabited in the thirteenth century by a small 
group of Polynesian settlers who

[[Page 43179]]

terraced and cultivated most of the gently sloping area of the island, 
a total of 12 to 31 ac (4.9 to 12.5 ha) or 7.7 to 20 percent of the 
area of the island. Most of the island was unsuitable for cultivation, 
and habitation did not persist for a long period of time; therefore, 
much of the natural ecosystem remained intact (Cleghorn 1987, Emory 
1928, Harrison 1990). Animals now found on or near Nihoa include--a 
small, resident population of Hawaiian monk seal (Monachus 
schauinslandi), a listed endangered species; green sea turtle (Chelonia 
mydas), a listed threatened species; 17 species of breeding seabirds; 
several migratory seabirds; 2 endemic land birds (Nihoa millerbird 
(Acrocephalus familiaris) and Nihoa finch (Telespiza ultima)), both 
listed endangered species; 6 species of endemic land snails; and 35 
endemic and 26 indigenous arthropods, many only recently discovered.
    A total of 26 vascular plant taxa have been found on Nihoa: Three 
species endemic to Nihoa--Amaranthus brownii, Pritchardia remota 
(loulu), and Schiedea verticillata; nine taxa endemic to the Hawaiian 
Islands--Chamaesyce celastroides var. celastroides ('akoko), 
Chenopodium oahuense ('aheahea), Eragrostis variabilis (kawelu), 
Panicum torridum (kakonakona), Portulaca villosa ('ihi), Rumex 
albescens (hu'ahu'ako), Sesbania tomentosa ('ohai), Sicyos pachycarpus 
(kupala), and Solanum nelsonii (popolo); eight taxa indigenous to 
Hawaii--Boerhavia diffusa (alena), Heliotropium currassavicum (seaside 
heliotrope), Ipomoea indica (koali 'awa), Ipomoea pes-caprae ssp. 
brasiliensis (pohuehue), Portulaca lutea ('ihi), Sida fallax ('ilima), 
Solanum americanum (glossy nightshade), and Tribulus cistoides (nohu); 
and six alien species which have naturalized in Hawaii--Cenchrus 
echinatus (common sandbur), Nephrolepis multiflora (sword fern), 
Paspalum sp., Portulaca oleracea (pigweed), Setaria verticillata 
(bristly foxtail), and Tetragonia tetragonioides (New Zealand spinach) 
(Conant 1985, Conant and Herbst 1983, Gagne and Conant 1983, Harrison 
1990, Herbst 1977).
    Bare rock and unvegetated soil make up about one-third of the 
surface of Nihoa. All vegetation is classified as being part of Coastal 
Communities, including Coastal Dry Communities and a Coastal Mesic 
Community. Coastal Dry Shrublands include two forms of 'Ilima (Sida) 
Shrubland--prostrate plants near the shore and erect plants in more 
sheltered sites. The 'Aweoweo (Chenopodium or 'aheahea) Coastal 
Shrubland includes 'aheahea and popolo as codominants, as well as 
'ilima and several other less frequent species. The Loulu (Pritchardia) 
Coastal Forest, a type of Coastal Mesic Forest, contains Pritchardia 
remota as the only dominant (Gagne and Cuddihy 1990).
    Nihoa is owned by the Federal government and is included within the 
boundaries of the City and County of Honolulu. Nihoa is part of the 
Hawaiian Islands National Wildlife Refuge, which is managed by the 
Service, and has been designated a Research Natural Area (Clapp et al. 
1977; Conant 1985; Department of the Interior 1986a, 1986b; Harrison 
1990; Honolulu 1988; Miller 1983).

Discussion of the Three Plant Species

    Amaranthus brownii was first collected by Edward L. Caum during the 
Tanager Expedition in 1923. Erling Christophersen and Caum named it in 
honor of Dr. F.B.H. Brown in 1931.
    Amaranthus brownii, a member of the amaranth family 
(Amaranthaceae), is an annual herb with leafy upright or ascending 
stems, 1 to 3 ft (30 to 90 centimeters (cm)) long. The slightly hairy, 
alternate leaves are long and narrow, 1.6 to 2.8 in (4 to 7 cm) long, 
0.06 to 0.16 in (1.5 to 4 mm) wide, and more or less folded in half 
lengthwise. Flowers are either male or female, and both sexes are found 
on the same plant. The green flowers are subtended by two oval, 
bristle-tipped bracts about 0.04 in (1 mm) long and 0.03 in (0.7 mm) 
wide. Each flower has three bristle-tipped sepals which are lance-
shaped and 0.05 in (1.3 mm) long by 0.03 in (0.8 mm) wide in male 
flowers and spatula-shaped and 0.03 to 0.04 in (0.8 to 1 mm) long by 
0.01 to 0.02 in (0.2 to 0.5 mm) wide in female flowers. Male flowers 
have three stamens; female flowers have two stigmas. The flattened, 
oval fruit, which does not split open at maturity, is 0.03 to 0.04 in 
(0.8 to 1 mm) long and 0.02 to 0.03 in (0.6 to 0.8 mm) wide and 
contains one shiny, lens-shaped, reddish black seed. This species can 
be distinguished from other Hawaiian members of the genus by its 
spineless leaf axils, its linear leaves, and its fruit which does not 
split open when mature (Wagner et al. 1990).
    When Amaranthus brownii was first collected in 1923, it was ``most 
common on the ridge leading to Millers Peak, but abundant also on the 
ridges to the east'' (Herbst 1977). The two known populations are 
separated by a distance of 0.25 mi (0.4 km) and contained approximately 
35 plants--about 23 plants near Millers Peak and about a dozen plants 
in Middle Valley. Although the species was last reported in 1983, 
annual surveys by Service refuge staff have of necessity taken place 
well after this annual plant's normal growing season. During the dry 
summer months when surveys are conducted, individuals of A. brownii are 
difficult to distinguish from other desiccated herbaceous or seedling 
plants. The unusually dry conditions of the past several years are 
another probable factor in the lack of A. brownii reported. During this 
species' normal growing season of December through March, the seas are 
too rough to permit landing on Nihoa by survey personnel. The Service 
continues to attempt winter surveys of Nihoa with veteran field 
botanist Steve Perlman of the Hawaii Plant Conservation Center, who 
believes that the species is likely present during the wetter winter 
months. Amaranthus brownii typically grows on rocky outcrops in fully 
exposed locations at elevations between 390 and 700 ft (120 and 213 m). 
Associated species include 'aheahea, kakonakona, and kupala. Pigweed, 
an invasive alien species, is widespread on Nihoa and grows in habitat 
similar to A. brownii. Because it grows on rocky outcrops, A. brownii 
is more likely to be affected by substrate changes. Due to the small 
numbers of populations and individuals and its limited distribution, 
this species is threatened by extinction from naturally occurring 
events and/or reduced reproductive vigor. This species may have 
experienced a reduction in total numbers due to disturbances resulting 
from Polynesian settlement of Nihoa (Hawaii Heritage Program (HHP) 
1990a1, 1990a2; Wagner et al. 1985, 1986, 1990; Kenneth McDermond and 
Elizabeth Flint, U.S. Fish and Wildlife Service (USFWS), in litt., 
1993; Steve Perlman, Hawaii Plant Conservation Center, pers. comm., 
1996).
    In 1858, Dr. Rooke brought seed of a palm from Nihoa and planted it 
on the palace grounds in Honolulu (Hillebrand 1888). A Hillebrand 
specimen, probably collected from this cultivated tree, was used by 
Odoardo Beccari (1890) to describe Pritchardia remota. Otto Kuntze 
transferred the species to other genera, resulting in Washingtonia 
remota (Kuntze 1891) and later Eupritchardia remota (Beccari and Rock 
1921). In their 1921 monograph of the genus, Beccari and Joseph Rock 
included the species in Pritchardia, as do the authors of the current 
treatment (Read and Hodel 1990).
    Pritchardia remota, a member of the palm family (Arecaceae), is a 
tree 13 to 16 ft (4 to 5 m) tall with a ringed, wavy trunk about 5.9 in 
(15 cm) in diameter. The rather ruffled, fan-shaped leaves are about 31 
in (80 cm) in diameter and are somewhat waxy to pale green with a few

[[Page 43180]]

tiny scales on the lower surface. The flowering stalks, up to 12 in (30 
cm) long, are branched and have flowers arranged spirally along the 
hairless stalks. Below each flower is a bract 0.08 to 0.1 in (2 to 3 
mm) long. The flower consists of a cup-shaped, three-lobed calyx (fused 
sepals); three petals, each about 0.2 in (6 mm) long; six stamens; and 
a three-lobed stigma. The pale greenish brown fruit is almost globose, 
0.7 to 0.8 in (1.9 to 2 cm) long and about 0.7 in (1.9 cm) in diameter. 
This is the only species of Pritchardia on Nihoa and can be 
distinguished from other species of the genus in Hawaii by its wavy 
leaves; its short, hairless inflorescences; and its small, globose 
fruits (Beccari and Rock 1921, Read and Hodel 1990).
    Pritchardia remota is known from two extant populations along 0.1 
mi (0.2 km) of the length of each of two valleys which are about 0.4 mi 
(0.6 km) apart on opposite sides of Nihoa. Including seedlings, 680 
plants are found in scattered groups: 387 plants in West Palm Valley 
and 293 in East Palm Valley (Herbst 1977). Earlier totals were somewhat 
smaller, probably because younger seedlings were not counted (Herbst 
1977). An uncollected palm, no longer extant, was observed growing on 
Laysan Island and may have been this species (Ely and Clapp 1973, Rock 
1913). Most of the populations of P. remota are crowded into scattered, 
small groves on abandoned agricultural terraces lower in the valleys. A 
few trees also grow at the bases of basaltic cliffs on the steep outer 
slopes of each of the two valleys. Plants grow from 660 to 896 ft (200 
to 273 m) in elevation (Wagner et al. 1990). Pritchardia remota is 
unusual among Hawaiian members of the genus in that it occurs in a dry 
area. Fossil loulu stems have been found near sea level on Oahu, which 
may indicate that the genus was more widespread before so much lowland 
habitat was altered for human use (Carlquist 1980, Cuddihy and Stone 
1990). Within the Loulu Coastal Forest Community, P. remota assumes 
complete dominance with a closed canopy and thick layers of fallen 
fronds in the understory (Gagne and Cuddihy 1990). Plants growing near 
the groves and in association with the single individuals include 
'aheahea, 'ilima, popolo, and some 'ohai. Lichens grow on the trunks of 
the trees (Sheila Conant, University of Hawaii, pers. comm., 1991; 
Derral Herbst, USFWS, pers. comm., 1991). Pritchardia remota provides 
nesting and other habitat for red-footed boobies (Sula sula rubipes) as 
well as occasional perching space for brown noddies (Anous stolidus 
pileatus), two of the resident seabirds on Nihoa (Conant 1985). 
Pritchardia remota is in cultivation in several botanical gardens. The 
species is threatened by extinction from naturally occurring events due 
to the small number of populations and the plant's narrow range (Conant 
1985; Karen Shigematsu, Lyon Arboretum, pers. comm., 1991).
    The first specimens of Schiedea verticillata were collected near 
Derbys Landing in 1923. Brown (in Christophersen and Caum 1931) chose 
the specific epithet to refer to the verticillate (whorled) arrangement 
of the leaves. Although Sherff (1944) transferred the species to the 
genus Alsinidendron, current workers (Wagner et al. 1990) consider it 
to be a species of Schiedea.
    Schiedea verticillata, a member of the pink family 
(Caryophyllaceae), is a perennial herb which dies back to an enlarged 
root during dry seasons. The stems, which can reach 1.3 to 2 ft (0.4 to 
0.6 m) in length, are upright or sometimes pendent. The stalkless 
leaves are fleshy, broad, and pale green, are usually arranged in 
threes, and measure 3.5 to 5.9 in (9 to 15 cm) long and 2.8 to 3.5 in 
(7 to 9 cm) wide. Flowers are arranged in open, branched clusters, 
usually 6.7 to 9.8 in (17 to 25 cm) long. Opposite or whorled pale 
green bracts, located at inflorescence branches and underneath the 
flowers, measure 0.2 to 1.6 in (6 to 40 mm) long at the central branch 
and 0.1 to 0.2 in (3.5 to 6 mm) long on the side branches and 
underneath the flowers. Each petalless flower is positioned on a stalk 
0.2 to 0.8 in (5 to 20 mm) long and has five lance-shaped sepals 0.3 to 
0.4 in (8 to 10 mm) long, five nectaries, 10 stamens, and four or five 
styles. The ovoid capsule measures 0.3 to 0.4 in (7 to 9 mm) long and 
releases reddish to grayish brown seeds, about 0.03 in (0.7 to 0.8 mm) 
long. This species, the only member of its genus to grow in the NWHI, 
is distinguished from other species of the genus by its exceptionally 
large sepals and, usually, three leaves per node (Wagner et al. 1990).
    All historically known populations of Schiedea verticillata are 
known to be extant. Five populations are scattered in the western 10 
percent of the island in an area about 0.06 mi (0.1 km) by 0.4 mi (0.6 
km), and a sixth population is found on the far eastern end of the 
island 0.7 mi (1.2 km) away. The six populations contained a total of 
385 to 414 individuals prior to 1992--at Dogs Head, at least 95 plants 
have been observed; a population at Devils Slide consisted of 96 to 100 
plants; in West Palm Valley, 2 or 3 plants have been seen in the upper 
portion and 30 to 38 plants have been counted in the lower portion; the 
Pinnacle Peak population contained 12 to 25 individuals; at Millers 
Peak, 2 to 5 plants have been observed; and another population on the 
east spur of the island contains 148 plants (HHP 1990b1 to 1990b6). In 
1992, the Service's refuge staff counted only 170 to 190 plants in all 
6 populations (K. McDermond and E. Flint, in litt., 1993). Schiedea 
verticillata typically grows in soil pockets and cracks on coastal 
cliff faces at elevations between 100 and 890 ft (30 and 270 m) (Wagner 
et al. 1990, Weller et al. 1990). Associated species include 'aheahea, 
pohuehue, koali 'awa, kupala, kawelu, and lichens on surrounding rock. 
Schiedea verticillata is threatened by competition with pigweed, which 
is widespread on Nihoa and grows in habitats similar to this species.
    Catastrophic events are especially threatening to the survival of 
these three plant species. Natural events occurring on the island of 
Nihoa could further restrict the plants' ranges, and because of the 
limited number of individuals, extinction from catastrophic natural 
events is of major concern. Specifically, erosion, landslides, rock 
slides, and flooding could result in severe habitat destruction and 
death of individual plants. Evidence of heavy flash floods has been 
noted in the lower part of East Palm Valley, where Pritchardia remota 
specimens are located (Kramer 1962). Continued existence of these 
species, which have limited numbers and narrow ranges, is imperiled by 
naturally occurring events because of the vulnerability of these plants 
to disturbance events in their steep, rocky habitat (Conant 1985; S. 
Conant, pers. comm., 1991).

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Act, which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Pritchardia remota 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 taxa 
named therein. As a result of that review, on June 16, 1976, the 
Service published a

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proposed rule in the Federal Register (41 FR 24523) to determine 
endangered status pursuant to section 4 of the Act for approximately 
1,700 vascular plant taxa. Amaranthus brownii and Schiedea verticillata 
were considered to be endangered in the proposed rule, but P. remota 
was not included. The list of 1,700 plant taxa was assembled on the 
basis of comments and data received by the Smithsonian Institution and 
the Service in response to House Document No. 94-51 and the July 1, 
1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
2 years old be withdrawn. A 1-year grace period was given to proposals 
already over 2 years old. On December 10, 1979, the Service published a 
notice in the Federal Register (44 FR 70796) withdrawing the portion of 
the June 16, 1976, proposal that had not been made final, along with 
four other proposals that had expired. The Service published updated 
notices of review for plants on December 15, 1980 (45 FR 82479), 
September 27, 1985 (50 FR 39525), and February 21, 1990 (55 FR 6183). 
In these notices, Amaranthus brownii and Schiedea verticillata, which 
were in the proposed rule, were treated as candidates for Federal 
listing. The two species that were proposed as endangered in the June 
16, 1976, proposed rule were considered candidates on all three of 
these notices. Pritchardia remota was included as a candidate in the 
1980 notice and remained so on the 1985 and 1990 notices.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on petitions that present substantial information indicating 
the petitioned action may be warranted within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further requires all 
petitions pending on October 13, 1982, be treated as having been newly 
submitted on that date. On October 13, 1983, the Service found that the 
petitioned listing of these taxa was warranted but precluded by other 
pending listing actions, in accordance with section 4(b)(3)(B)(iii) of 
the Act; notification of this finding was published on January 20, 1984 
(49 FR 2485). Such a finding requires the Service to consider the 
petition as having been resubmitted, pursuant to section 4(b)(3)(C)(i) 
of the Act. The finding was reviewed in October of 1984, 1985, 1986, 
1987, 1988, 1989, 1990, and 1991. Publication of the proposed rule 
constituted the final one-year finding for these species.
    On March 24, 1993, the Service published in the Federal Register 
(58 FR 15828) a proposal to list these three plants from the island of 
Nihoa, Hawaii, as endangered. This proposal was based primarily on 
information supplied by the Hawaii Heritage Program and observations by 
botanists and naturalists. The Service now determines these three 
species from the island of Nihoa to be endangered with the publication 
of this final rule.
    The processing of this final rule follows the Service's listing 
priority guidance published in the Federal Register on May 16, 1996 (61 
FR 24722). The guidance clarifies the order in which the Service will 
process rulemakings following two related events: 1) the lifting, on 
April 26, 1996, of the moratorium on final listings imposed on April 
10, 1995 (Public Law 104-6), and 2) the restoration of significant 
funding for listing through passage of the omnibus budget 
reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. The guidance calls for prompt processing 
of final rules containing species facing threats of high magnitude. 
Both Pritchardia remota and Schiedea verticillata face high magnitude 
threats. The Service's Pacific Regional Office confirmed on June 6, 
1996, that the status of the three species in this rule did not change 
during the moratorium on final listings.

Summary of Comments and Recommendations

    In the March 24, 1993, proposed rule and associated notifications, 
all interested parties were requested to submit factual reports or 
information that might contribute to the development of a final listing 
decision. The public comment period ended on May 24, 1993. Appropriate 
State agencies, county governments, Federal agencies, scientific 
organizations, and other interested parties were contacted and 
requested to comment. One letter of comment was received from a Federal 
agency, supporting the listings of these three plant species due to 
their low numbers and the recent decline in population sizes of two of 
the species. Additional information included in the letter has been 
incorporated into this final rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Amaranthus brownii 
Christoph. & Caum (NCN), Pritchardia remota Becc. (loulu), and Schiedea 
verticillata F. Brown (NCN) should be classified as endangered species. 
Procedures found at section 4(a)(1) of the Act and regulations 
implementing the listing provisions of the Act (50 CFR part 424) were 
followed. 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). These factors and their application to Amaranthus brownii 
Christoph. & Caum (NCN), Pritchardia remota Becc. (loulu), and Schiedea 
verticillata F. Brown (NCN) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Amaranthus brownii and Schiedea verticillata grow on rocky outcrops 
and cliff faces, making these plants vulnerable to substrate changes. 
Because of the steep slope and rocky nature of Nihoa, the habitat is 
very easily disturbed. Currently, the only legal visitors are those 
with Service approval, usually refuge personnel or scientific 
researchers who are very aware of the fragile nature of the island's 
environment (Conant 1985). Access to this island for Hawaiian religious 
ceremonies would be a permitted action, but visitors would be 
accompanied by refuge personnel (Jerry Leinecke, USFWS, pers. comm., 
1991). With increased commercial fishing in the NWHI, there is a 
greater possibility of mishaps and unauthorized landings on Nihoa 
(Gagne and Conant 1983).

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Illegal collecting for scientific or horticultural purposes or 
visits by individuals interested in seeing rare plants could result 
from increased publicity, and would threaten these three species, 
especially Amaranthus brownii and Schiedea verticillata. The limited 
legal access to Nihoa and the island's distance from the inhabited main 
Hawaiian Islands reduces the effect of this impact. However, the 
island's isolation also decreases the amount of monitoring which can be 
provided by Federal and State authorities.

C. Disease or Predation

    Rats (Rattus spp.) and house mice (Mus musculus), which have made 
their way to several small islands and islets in the Hawaiian chain 
(Tomich 1986),

[[Page 43182]]

could be introduced to Nihoa from a nearby ship. Rodent predation could 
prove disastrous for Pritchardia remota; predation of seeds by rodents 
has reduced the reproductive capacity of other Hawaiian Pritchardia 
species (Center for Plant Conservation (CPC) 1990b, Cuddihy and Stone 
1990). Rodents might also find the fleshy roots of Schiedea 
verticillata palatable (CPC 1990a). The former presence of house cats 
(Felis catus) and the current presence of geckos (Lepidodactylus 
lugubris) and at least 70 species of alien insects are proof that 
introductions to the island occur (Beardsley 1966; Bryan 1978; Conant 
et al. 1984; John Strazanac, Bishop Museum, pers. comm., 1991). Carmine 
spider mites (Tetranychus cinnabarinus) have been collected several 
times on Nihoa and could threaten Schiedea verticillata (CPC 1990a; J. 
Strazanac, pers. comm., 1991).

D. The Inadequacy of Existing Regulatory Mechanisms

    All populations of the three plant species are located on Federal 
land within a national wildlife refuge managed by the Service. The 
National Wildlife Refuge System Administration Act prohibits 
unauthorized entry, use, or occupancy of refuge areas, as well as 
disturbance, injury, cutting, burning, removal, destruction or 
possession of ``natural growth'' (16 U.S.C. 668dd(c). However, the 
remoteness of this uninhabited island makes enforcement of these 
restrictions and monitoring of threats difficult.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    Nihoa's plant populations, as well as its many birds, are 
vulnerable to the intentional or inadvertent introduction of alien 
animals. The difficulty in landing on the island provides a degree of 
protection from animal introductions, but a wrecked fishing boat could 
accidentally introduce rats, which could cause a severe and rapid 
degradation of both the flora and fauna of Nihoa.
    Alien plant species naturalizing on Nihoa would compete with native 
plant taxa for space, water, nutrients, and light. Six alien plant 
species, which are naturalized in other parts of the Hawaiian Islands, 
have been found on Nihoa.
    Three of the alien plant species were first recorded in the area of 
Millers Peak, where a military installation was located during the 
1960s. Cenchrus echinatus (common sandbur) was first noticed between 
1961 and 1969. In 1962, a soldier's towel at the military camp was 
found with six sandbur fruits stuck to it. This was burned, but it 
illustrates how easily alien propagules can be brought to Nihoa by 
human visitors. Service policy has been to destroy all sandbur plants, 
and none were seen after 1969 until 1981, when one plant with fewer 
than 10 fruits was discovered and destroyed. An unidentified species of 
the grass genus Paspalum was observed in 1962 near the military camp, 
but it has not been found since so has evidently not established. Three 
small colonies of Portulaca oleracea (pigweed) were found in 1977 near 
the military installation. It has now spread over the entire island, 
having become the only widespread exotic plant present. Pigweed grows 
in shallow soil pockets, especially near ridge tops, the type of 
habitat in which Amaranthus brownii and Schiedea verticillata grow. It 
may be replacing individuals of two native species of Portulaca and 
potentially could threaten Amaranthus brownii and Schiedea 
verticillata.
    Two introduced species have been found near the southern coast. 
Setaria verticillata (bristly foxtail) was found in 1969 but has not 
been collected since, so it has probably not become established. 
Tetragonia tetragonioides (New Zealand spinach) was collected in 1977 
and again in 1991. In 1981 one colony of Nephrolepis multiflora (sword 
fern), an alien species established in the main Hawaiian Islands, was 
found in the southern part of Nihoa some distance from the usual 
landing site. Two other colonies were found in 1983 in the northwestern 
part of the island. This is the first fern naturalized in the main 
Hawaiian Islands to have reached the NWHI and is thought to have 
arrived by wind dispersal. Caution on the part of personnel working on 
the island and frequent monitoring of the vegetation and removal of 
alien plants have helped keep established exotic plant species to a 
minimum on Nihoa (Conant 1983a, 1983b, 1985; Herbst 1980; Marshall 
1964).
    With its low amount of rainfall, Nihoa often has much dry 
vegetation, which is very susceptible to fire. An 1885 trip to Nihoa by 
a group led by Queen Liliuokalani illustrates this vulnerability. The 
group had to leave the island abruptly after they started a fire which 
quickly swept across the island (Culliney 1988). Fires caused by 
smoking or cooking remain potential threats.
    Erosion, landslides, rock slides, and flooding due to natural 
causes potentially could 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 plant species in this rule. Evidence of 
heavy flash floods has been noted in the lower part of East Palm 
Valley, where there are specimens of Pritchardia remota (Kramer 1962).
    The very limited range of all three of the plant species, the small 
number of populations of two of the species, and the small number of 
individuals of one of the species increases 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 an entire population. All three of the plant species are 
restricted in their natural range to small portions of an island with 
an area of only 0.25 sq mi (0.65 sq km). Two of the species, Amaranthus 
brownii and Pritchardia remota, have only two populations each, and 
fewer than 40 individuals of A. brownii have ever been counted.
    The threats facing these three species are summarized in Table 1.

                                                              Table 1.--Summary of Threats                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Limited numbers
                              Species                                      Rats         Alien plants         Fire        Substrate loss         **      
-------------------------------------------------------------------------------------------------------------------------------*------------------------
Amaranthus brownii.................................................                                X                P                X             X1,2 
Pritchardia remota.................................................               P                P                P                P               X1 
Schiedea verticillata..............................................               P                X                P                X                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
X=Immediate and significant threat.                                                                                                                     
P=Potential threat.                                                                                                                                     
*=Substrate loss includes erosion, rock slides, and landslides.                                                                                         
**=No more than 100 individuals and/or no more than 5 populations.                                                                                      
1=No more than 5 populations.                                                                                                                           

[[Page 43183]]

                                                                                                                                                        
2=No more 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 issuing this final rule. Based 
on this evaluation, this rulemaking will list these three plant species 
as endangered. One of the species is known from only 2 populations and 
fewer than 40 individuals; another species is known from only 2 
populations. Each of the three species is threatened by one or more of 
the following--competition with the alien plant pigweed, substrate 
loss, and increased likelihood of extinction and/or reduced 
reproductive vigor due to small numbers of individuals and populations 
and their extremely limited range. Because these three species are in 
danger of extinction throughout all or a significant portion of their 
ranges, they fit the definition of endangered as defined in the Act.
    Critical habitat is not being designated for these species for 
reasons discussed in the ``Critical Habitat'' section of this final 
rule.

Critical Habitat

    Critical habitat is defined by section 3 of the Act as: (1) 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; (2) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas 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 time 
a species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for 
Amaranthus brownii, Pritchardia remota, and Schiedea verticillata 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 
designation of critical habitat would not be beneficial to the species.
    The publication of precise maps and descriptions of critical 
habitat in the Federal Register and local newspapers as required in a 
proposal for critical habitat would increase the degree of threat to 
these plants by making them more vulnerable to take or vandalism and 
their fragile habitat more susceptible to damage. The listing of these 
species as endangered also publicizes their rarity and, thus, can make 
these plants attractive to researchers, collectors, and those wishing 
to see rare plants. This could contribute to their decline and/or 
increase enforcement problems. The only known populations of the three 
species occur on land owned and managed by the Federal government, 
which is aware of the location and importance of protecting the plants 
and their habitat. Protection of the species' habitat will be addressed 
through the recovery process and through the section 7 consultation 
process. All the plants are located on a national wildlife refuge, one 
of the policies of which is to conserve native vegetation, so it is 
unlikely that Federal activities would negatively affect the continued 
existence of these plants. Therefore, the Service finds that 
designation of critical habitat for these 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 these 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. 
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 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against certain activities 
involving listed plants are discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered. 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 formal 
consultation with the Service. All populations of the three species 
occur on land managed by the Service as a National Wildlife Refuge. 
There are no other known Federal activities that occur within the 
present known habitat of these species.
    The Act and implementing regulations at 50 CFR 17.61, 17.62, and 
17.63 for endangered species set forth a series of general prohibitions 
and exceptions that apply to all endangered plant species. With respect 
to the three plant species from the island of Nihoa, all prohibitions 
of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. 
These prohibitions, in part, make it illegal with respect to any 
endangered plant, for any person subject to the jurisdiction of the 
United States to import or export; transport in interstate or foreign 
commerce in the course of a commercial activity; sell or offer for sale 
these species in interstate or foreign commerce; or to remove and 
reduce to possession any such species from areas under Federal 
jurisdiction; maliciously damage or destroy any such species on any 
area under Federal jurisdiction; or remove, cut, dig up, damage or 
destroy any such species on any other area in knowing violation of any 
State law or regulation or in the course of any violation of a State 
criminal trespass law. Certain exceptions apply to agents of the 
Service and State conservation agencies. The Act and 50 CFR 17.62 and 
17.63 also provide for the issuance of permits to carry out otherwise 
prohibited activities involving endangered plant species under certain 
circumstances.
    It is the policy of the Service (59 FR 34272, July 1, 1994) to 
identify to the maximum extent practicable at the time a species is 
listed those activities that would or would not be likely to 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'

[[Page 43184]]

range. All three of these species occur solely on Federal refuge lands. 
Collecting and damaging these species are prohibited without a Federal 
permit. The Service is not otherwise aware of any legal activities 
currently being conducted by the public that will be affected by this 
listing and result in a violation of section 9. Illegal boat landing or 
entry to the island have already been discussed as potentially 
threatening these three species. Requests for copies of the regulations 
concerning listed plants and inquiries regarding prohibitions and 
permits may be addressed to the U.S. Fish and Wildlife Service, 
Ecological Services, Endangered Species Permits, 911 N.E. 11th Avenue, 
Portland, Oregon 97232-4181 (telephone 503-231-6241; FAX 503-231-6243). 
Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Ecoregion Manager of 
the Service's Pacific Islands Office (see ADDRESSES section).

National Environmental Policy Act

    The 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 Pacific Islands Ecoregion (see ADDRESSES section).

Authors

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

    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                                                                                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Amaranthus brownii.............  None..............  U.S.A. (HI).......  Amaranthacae...........  E                        587           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pritchardia remota.............  Loulu.............  U.S.A. (HI).......  Arecaceae..............  E                        587           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Schiedea verticillata..........  None..............  U.S.A. (HI).......  Caryophyllaceae........  E                        587           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: August 12, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-21334 Filed 8-20-96; 8:45 am]
BILLING CODE 4310-55-P