[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Rules and Regulations]
[Pages 53124-53130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25555]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018--AC56
Endangered and Threatened Wildlife and Plants; Endangered Status
for the Plant Delissea undulata (No Common Name)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered species status pursuant to the Endangered Species Act of
1973, as amended (Act), for the plant Delissea undulata (No Common
Name). This species is known in the wild from only a single individual,
located on the island of Hawaii. The greatest immediate threats to the
survival of this species are habitat degradation and predation by
domestic and feral mammals, fire, and competition with alien plants.
The small population size of one individual with its limited gene pool
also comprises a serious threat to this species. This rule implements
the protection provisions provided by the Act for this species.
EFFECTIVE DATE: November 12, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Pacific
Islands Ecoregion Office, U.S. Fish and Wildlife Service, 300 Ala Moana
Boulevard, Room 6307, P.O. Box 50167, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Marie M. Bruegmann, at the above
address or telephone 808-541-3441.
SUPPLEMENTARY INFORMATION:
Background
Delissea undulata was first described by Charles Gaudichaud-Beaupre
from specimens he collected in the Hawaiian Islands (``Isles
Sandwich'') in 1819 (St. John 1959). He chose the specific epithet to
refer to the undulating margins of the leaves. F.E. Wimmer named a
specimen J.F. Rock collected in 1911 from Kanahaha, Kona, as Cyanea
argutidenta, which H. St. John later moved to the genus Delissea (St.
John 1959, Wimmer 1943). St. John also named a specimen collected in
1968 from the southern Kona District as D. konaensis (St. John 1986).
The current treatment of the family (Lammers 1988, 1990) considers all
of the above species to be synonymous with D. undulata. Lammers
recognizes three subspecies of D. undulata--subsp. niihauensis, subsp.
kauaiensis, and subsp. undulata (Lammers 1988, 1990).
Delissea undulata of the bellflower family (Campanulaceae) is a
palm-like tree with unbranched woody stems 2 to 10 meters (m) (6 to 30
feet (ft)) tall. The leaves are long and narrow or elliptic with long
petioles and undulate or flat, toothed margins, about 5 to 21
centimeters (cm) (2 to 8 inches (in)) long and 3 to 10 cm (1 to 4 in)
wide. The 5 to 15 flowering stalks each bear 5 to 20 greenish-white,
slightly down-curved flowers 1.6 to 2.5 cm (0.6 to 1.0 in) long with
one or two small knobs on the upper surfaces. The fruits are ovoid to
globose purple berries 0.6 to 1.2 cm (0.2 to 0.4 in) long. The three
subspecies of D. undulata can be distinguished from each other by leaf
shape and leaf margin characteristics--subsp. kauaiensis has ovate
leaves with flat, sharply toothed margins; subsp. niihauensis has
leaves with heart-shaped bases and shallow roundly toothed margins; and
subsp. undulata has narrower, lance-shaped leaves with undulating
margins and spreading, pointed teeth (Lammers 1988, 1990). The species
D. undulata is distinguished from closely related species in this genus
by its broader leaf bases, larger flowers, and larger berries (Lammers
1990).
Historically, Delissea undulata is known from Niihau, Kauai, Maui,
and Hawaii. Subspecies kauaiensis was collected west of the Hanapepe
River on the island of Kauai by A.A. Heller in 1895 and has not been
relocated (Hawaii Heritage Program (HHP) 1991a, Heller 1897, Lammers
1988). Subspecies niihauensis was collected twice in the 1800's on the
island of Niihau and has not been located since (HHP 1991b, Hillebrand
1888, St. John 1959). Both of these subspecies are considered extinct
(HHP 1991a, 1991b; Lammers 1990). Delissea undulata subsp. undulata was
reported from four valleys of southwestern Maui in the 1800's, and from
the Kona region of the island of Hawaii (HHP 1991c1 to 1991c9). This
[[Page 53125]]
subspecies was observed in 1971 at Puu Lehua and was subsequently
thought to be extinct (HHP 1991c6, Lammers 1990). However, one
individual plant was discovered on April 24, 1992, at Puu Waawaa, at a
previously unreported location on Hualalai on the island of Hawaii.
This site is owned by the State and leased to a private individual for
ranching (Jon Giffin, Hawaii Department of Land and Natural Resources
(Hawaii DLNR), in litt. 1993). Harold L. Lyon Arboretum of the
University of Hawaii at Manoa is propagating seeds collected from the
one remaining individual as part of an ex situ conservation program.
The Arboretum has sent approximately 50 individual plants propagated
from seed to the State's Hawaii forestry district for experimental
outplanting in the Puu Waawaa area. Several outplanted individuals have
produced seed after only two years, although no seedlings have been
produced by these outplanted individuals (Charles H. Lamoureux, Harold
L. Lyon Arboretum at University of Hawaii, pers. comm. 1993; J. Giffin,
pers. comms. 1993, 1994).
Delissea undulata grows primarily in dry and mesic forests at about
1,000 to 1,750 m (3,300 to 5,700 ft) elevation (Lammers 1990; J.
Giffin, in litt. 1993). The substrate is a thin organic soil layer over
`a`a or pahoehoe lava (Department of Geography 1983). The only known
wild individual grows on the brink of a collapsed lava tube at 1,070 m
(3,520 ft) elevation. The vegetation is open Sophora chrysophylla
(mamane)-Metrosideros polymorpha (`ohi`a) forest with such associated
species as Santalum ellipticum (`iliahi) and Acacia koa (koa). The
endangered species Nothocestrum breviflorum (`aiea) also is found in
the area of the one remaining wild individual of D. undulata.
Introduced plants in the area include Pennisetum clandestinum (kikuyu
grass), Passiflora mollissima (banana poka), and Senecio mikanioides
(German ivy) (J. Giffin, in litt. 1993).
The greatest immediate threats to the survival of Delissea undulata
are damage from domestic and feral herbivores and competition with
alien plants. Fire, whether started naturally or by arson, poses a
serious threat to the population. Slug damage has been observed on
outplanted individuals of this species, and slugs may eat the fruits
before germination can occur. The one individual known from the wild
with its limited gene pool also comprises a serious threat to this
species (M. Bruegmann, in litt. 1994; J. Giffin, in litt. 1993). The
long-term viability or survivorship of the approximately 50 outplanted
individuals is not known.
Previous Federal Action
Federal action on this species began as a result of section 12 of
the Endangered Species Act (16 U.S.C. 1531 et seq.), which directed the
Secretary of the Smithsonian Institution to prepare a report on plants
considered to be endangered, threatened, or extinct. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975. On July 1, 1975, the Service published a notice in the
Federal Register (40 FR 27823) accepting the report as a petition
within the context of section 4(c)(2) (now section 4(b)(3)(A)) of the
Act, and giving notice of its intention to review the status of the
plant taxa named therein. In this and subsequent notices, Delissea
undulata var. undulata was included as extinct, and D. undulata var.
argutidenta was included as endangered. As a result of this review, on
June 16, 1976, the Service published a proposed rule in the Federal
Register (41 FR 24523) to determine approximately 1,700 vascular plant
species, including D. undulata, endangered pursuant to section 4 of the
Act. 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) of the withdrawal of that
portion of the June 16, 1976, proposal that had not been made final,
including D. undulata, along with four other proposals that had
expired.
The Service published an updated Notice of Review for plants on
December 15, 1980 (45 FR 82480), including Delissea undulata as a
category 1 candidate, meaning that the Service had substantial
information indicating that a listing proposal was appropriate. In the
updated Notice of Review for plants on September 27, 1985 (50 FR
39525), and February 21, 1990 (55 FR 6183), D. undulata was included as
a Category 1* candidate, meaning that the Service had substantial
information indicating that this taxon was vulnerable in the recent
past but that it may already have become extinct.
Section 4(b)(3)(B) of the Act, requires the Secretary to make
findings on certain pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1982, be treated as having been
newly submitted on that date. The latter was the case for Delissea
undulata because the Service had accepted the 1975 Smithsonian report
as a petition. On October 13, 1983, the Service found that the listing
of the species was warranted but precluded by other pending listing
actions, in accordance with section 4(b)(3)(B)(iii) of the Act.
Notification of this finding was published on January 20, 1984 (49 FR
2485). Such a finding requires the petition to be reconsidered
periodically, 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,
1991, and 1992. The proposed rule published on June 27, 1994 (59 FR
32946), to list D. undulata as an endangered species constituted the
final 1-year finding that was required for this species.
Based on comments received in response to the proposal (see
Comments and Recommendations, below), the Service now determines
Delissea undulata to be endangered with the publication of this final
rule.
Summary of Comments and Recommendations
In the June 27, 1994, proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to the development of a final rule.
The public comment period ended on August 26, 1994, but was reopened
until November 29, 1994 to ensure that all parties had adequate time to
provide comments on the proposed 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 ``Hawaii
Tribune-Herald'' on November 7, 1994.
Comments were received from two parties. Both parties supported the
listing of the Delissea undulata as an endangered species. One of the
parties also requested the designation of critical habitat for this
species, to force State action to protect the species, and also to
allow for citizen action if necessary. However, the designation of
critical habitat is not necessary for citizen suits under Section
11(g)(1) of the Act, which states that any person may commence a civil
suit on his own behalf to enjoin any person in violation of the Act.
Furthermore, it is unclear how designation of critical habitat under
the Federal Endangered Species Act would prompt any more State action
than simply listing the plant. The protections afforded a species by
designating critical habitat are limited and apply only in the context
of section 7 of the Act, which affects only Federal agency actions.
[[Page 53126]]
Pursuant to the Service's policy on peer review (59 FR 34270), the
Service also solicited the expert opinions of four appropriate and
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the taxonomy, population models, and
biological and ecological information for Delissea undulata. No
responses from these peer reviewers were received.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Delissea undulata should be
classified as an 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 Delissea undulata Gaud. (No Common Name) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The habitat of Delissea undulata
has undergone extreme alteration because of past and present land
management practices, including deliberate and accidental alien mammal
and plant introductions and agricultural development. Natural
disturbances such as the collapse of lava tubes also destroy habitat
and can have a significant effect on small populations of plants.
Competition with alien plants as well as destruction of individuals and
modification of habitat by introduced animals are the primary threats
facing this species.
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. Land was cleared for
these enterprises to such a great extent that climatic conditions began
to change and the amount and distribution of rainfall were altered
(Wenkam 1969).
Past and present impacts of introduced alien animals are the
primary factor in altering and degrading vegetation and habitats on the
island of Hawaii as well as on Kauai and Maui, where populations of
Delissea undulata previously existed. Feral ungulates trample and eat
native vegetation and disturb open areas. This causes erosion and
allows the invasion of alien plant species (Cuddihy and Stone 1990,
Wagner et al. 1990). Delissea undulata is threatened by habitat
degradation resulting from introduced ungulates (e.g., cattle, goats,
sheep, and pigs). Habitat degradation by these ungulates threatens the
only known wild plant, any potential natural germination of seedlings,
as well as potential suitable habitat occurring throughout the historic
range of the species.
Cattle (Bos taurus), native to Europe, northern Africa, and
southwestern Asia, were introduced to the Hawaiian Islands in 1793.
Large feral herds developed as a result of restrictions on killing
cattle decreed by King Kamehameha I. Large ranches in the tens of
thousands of acres were created on Maui and Hawaii. Much of the land
used in these private enterprises was leased from the State or was
privately owned. Feral cattle formerly existed on Maui and damaged the
forests there. Feral cattle are presently found on the island of
Hawaii, and ranching is still a major commercial activity there. Cattle
eat native vegetation, trample roots and seedlings, cause erosion,
create disturbed areas into which alien plants invade, and spread seeds
of alien plants in their feces and on their bodies. The forest becomes
degraded to grassland pasture in areas grazed by cattle, and plant
cover is reduced for many years following removal of cattle from an
area. Several alien grasses and legumes purposely introduced for cattle
forage have become noxious weeds (Cuddihy and Stone 1990, Tomich 1986).
Cattle have altered and degraded the vegetation of much of Hawaii,
including the areas where Delissea undulata formerly grew, and where it
is still known to exist (Tomich 1986; J. Giffin, in litt. 1993).
Hunting of feral cattle is no longer allowed in Hawaii (Hawaii DLNR
1985).
Goats (Capra hircus), native to the Middle East and India, were
successfully introduced to the Hawaiian Islands in 1792, and currently
there are populations on Kauai, Oahu, Molokai, Maui, and Hawaii. On
Kauai, feral goats have been present in drier, more rugged areas since
1820; they still occur in Waimea Canyon. On Hawaii, goats damage low
elevation dry forests, montane parklands, subalpine woodlands, and
alpine grasslands. Goats are managed in Hawaii as a game animal, but
many herds populate inaccessible areas where hunting has little effect
on their numbers. Goat hunting is allowed year-round or during certain
months, depending on the area (Hawaii DLNR n.d., 1985). Goats browse on
introduced grasses and native plants, especially in drier and more open
ecosystems. They also 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 (Cuddihy
and Stone 1990, Culliney 1988, Tomich 1986). Delissea undulata
currently is threatened by goats that use the area where the single
known wild individual exists (J. Giffin, in litt. 1993).
Sheep (Ovis aries) became firmly established on the island of
Hawaii (Tomich 1986) following their introduction almost 200 years ago
(Cuddihy and Stone 1990). Like feral goats, sheep roam the upper
elevation dry forests, including Puu Waawaa, causing damage similar to
that of goats (Stone 1985). Sheep have decimated vast areas of native
forest and shrubland on Hawaii. Sheep threaten the habitat of Delissea
undulata (Cuddihy and Stone 1990; J. Giffin, in litt. 1993) as well as
the one remaining wild plant.
Pigs (Sus scrofa) are 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 currently
are present on Kauai, Oahu, Molokai, Maui, and Hawaii and inhabit rain
forests and grasslands. Pig hunting is allowed on all islands either
year-round or during certain months, depending on the area (Hawaii DLNR
n.d., 1985). 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 substrates and cause
erosion, especially on slopes. Alien plant seeds are dispersed in their
hooves and coats as well as through their feces, and the disturbed soil
is fertilized by their feces, helping alien plants to establish
(Cuddihy and Stone 1990, Smith 1985, Stone 1985, Tomich 1986, Wagner et
al. 1990). Feral pigs pose a threat to Delissea undulata and its
habitat (J. Giffin, in litt. 1993).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Unrestricted collecting for scientific or
horticultural purposes and excessive visits by individuals interested
in seeing rare plants could result from increased publicity. This is a
potential threat to Delissea undulata, which was once thought to be
extinct and is represented now by only one known wild plant. The long-
term viability or survivorship of the
[[Page 53127]]
approximately 50 outplanted individuals propagated from seed is not
known. The species is of some horticultural and ornamental interest.
Taking and vandalism are potential threats that could result from
increased specific publicity.
C. Disease or predation. Cattle, goats, pigs, and sheep have been
reported in the area where Delissea undulata is known to occur. As this
taxon is not known to be unpalatable to these ungulates, predation is a
probable threat where these animals have been reported. The lack of
seedlings and the occurrence of the only known individual in an area
less accessible to ungulates seem to indicate the effect that browsing
mammals, especially cattle, have had in restricting the distribution of
this plant. Though not legally obligated to protect the species prior
to this listing, the State fenced the one wild individual to protect it
from damage by ungulates (J. Giffin, in litt. 1993). See Factor D.
Of the four species of rodents which have been introduced to the
Hawaiian Islands, the species with the greatest impact on the native
flora and fauna is probably the roof or black rat (Rattus rattus),
which now occurs on all the main Hawaiian Islands around human
habitations, in cultivated fields, and in dry to wet forests. Roof
rats, and to a lesser extent house mouse (Mus musculus), Polynesian rat
(R. exulans), and Norway rat (R. norvegicus), 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. It is probable that rats damage the fleshy fruit of
Delissea undulata. Introduced game birds also may eat the fruits (J.
Giffin, in litt. 1993).
Little is known about the predation of rare Hawaiian plants by
slugs. Predation by slugs on plant parts of Delissea undulata has been
observed by field botanists (M. Bruegmann, in litt. 1994). The effect
of slugs on the decline of this and related species is unclear,
although slugs may pose a threat to this species, because they feed on
the stems and may eat the fruit before germination can occur, reducing
the vigor of the plants and limiting the number of seeds for
germination. While seeds produced on the wild plant and outplanted
individuals are viable, no germination has been observed in the wild
(M. Bruegmann, in litt. 1994, J. Giffin, pers. comm. 1994).
D. The inadequacy of existing regulatory mechanisms. The only known
wild Delissea undulata occurs on State land within the State's
conservation district. Conservation district lands (HRS, sect. 205-4)
are regarded, among other purposes, as necessary for the protection of
endemic biological resources and the maintenance or enhancement of the
conservation of natural resources. Activities permitted in the
conservation district are chosen by considering how best to make
multiple use of the land (HRS, sect. 205-2). Some uses, such as
maintaining animals for hunting, are based on policy decisions, while
others, such as preservation of endangered species, are mandated by
both Federal and State laws. Requests for amendments to district
boundaries or variances within existing classifications can be made by
government agencies and private landowners (HRS, sect. 205-4). Before
decisions on these requests are made, the impact of the proposed
reclassification on ``preservation or maintenance of important natural
systems or habitat'' (HRS, sects. 205-4, 205-17), as well as the
maintenance of natural resources, is required to be taken into account
(HRS, sects. 205-2, 205-4). For any proposed land use change that would
occur on county or State land, that would be funded in part or whole by
county or State funds, or that would occur within land classified as a
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 under State law 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)).
Despite provisions for conserving endemic resources, individual rare
species may be overlooked during consideration of other land use
priorities.
Hawaii's endangered species act states, ``Any species of aquatic
life, wildlife, or land plant that has been determined to be an
endangered species pursuant to the [Federal] Endangered Species Act
shall be deemed to be an endangered species under the provisions of
this chapter * * *'' (HRS, sect. 195D-4(a)). Therefore, Federal listing
automatically invokes listing under Hawaii State law. State law
prohibits cutting, collecting, uprooting, destroying, injuring, or
possessing any listed species of plant on State or private land, or
attempting to engage in any such conduct. The State law encourages
conservation of such species by State agencies and triggers other State
regulations to protect the species (HRS, sect. 195AD-4 and 5).
E. Other natural or manmade factors affecting its continued
existence. The fact that there is only one remaining wild individual of
Delissea undulata increases the potential for extinction from random
events. While seeds produced on the wild plant and outplanted
individuals are viable, no germination has been observed in the wild
(M. Bruegmann, in litt. 1994, J. Giffin, pers. comm. 1994). The limited
gene pool may depress reproductive vigor, or a single human-caused or
natural environmental disturbance could destroy the only known extant
individual. This constitutes a major threat to D. undulata.
Natural changes to habitat and substrate can result in the death of
individual plants as well as the destruction of their habitat. This
especially affects the continued existence of taxa or populations with
limited numbers or narrow ranges and is often exacerbated by human
disturbance and land use practices (see Factor A). Additional collapse
of the lava tube where the only known wild individual of Delissea
undulata occurs is a potential threat to this species (J. Giffin, in
litt. 1993).
Three species of introduced plants threaten Delissea undulata. The
historic native flora of Hawaii consisted of about 1,000 species, 89
percent of which were endemic. Of the total native and naturalized
Hawaiian flora of 1,817 species, 47 percent were introduced from other
parts of the world and nearly 100 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, Wenkam 1969).
[[Page 53128]]
Passiflora mollissima (banana poka), a woody vine, poses a serious
problem to mesic forests, in which Delissea undulata primarily grows,
on Kauai and Hawaii by covering trees, reducing the amount of light
that reaches trees as well as understory, and causing damage and death
to trees by the weight of the vines. Animals, especially feral pigs,
eat the fruit and distribute the seeds (Cuddihy and Stone 1990, Escobar
1990). P. mollissima is a threat to D. undulata and its habitat (J.
Giffin, in litt. 1993).
Senecio mikanioides (German ivy) is another vine that poses a
serious threat to mesic and dry forests on Hawaii. It is becoming
established on Maui as well. Senecio mikanioides may be capable of
establishing itself over vast areas of the island of Hawaii, including
most of Hualalai. The vine covers the forest canopy, which can result
in structural damage and the reduction of available light. Senecio
mikanioides also can form a significant ground cover in native forests
of the southern Kona region of Hawaii where it may limit native plant
reproduction (Cuddihy and Stone 1990). Senecio mikanioides threatens
Delissea undulata and its habitat (J. Giffin, in litt. 1993).
Pennisetum clandestinum (Kikuyu grass), an aggressive, fire
adapted, perennial grass introduced to Hawaii as a pasture grass,
withstands trampling and grazing and has naturalized on four Hawaiian
Islands in dry to mesic forest. It produces thick mats which choke out
other plants and prevent their seedlings from becoming established. It
has been declared a noxious weed by the U.S. Department of Agriculture
(7 CFR 360) (O'Connor 1990, Smith 1985).
Because Hawaiian plants were subjected to fire during their
evolution only in areas of volcanic activity and from occasional
lightning strikes, they are not adapted to recurring fire regimes and
do not recover quickly following a fire. Fires may result from natural
causes, or they may be accidentally or purposely set by people.
Vegetation on the slopes of Hualalai is particularly vulnerable to fire
due to the extensive invasion of P. clandestinum. Alien plants are
often better adapted to fire than native plant species, and some fire-
adapted grasses have become widespread in Hawaii. Native shrubland can
thus be converted to land dominated by alien grasses. The presence of
such species in Hawaiian ecosystems greatly increases the intensity,
extent, and frequency of fire, especially during drier months or
drought. Many fire-adapted alien species can quickly reestablish in
burned areas, resulting in a reduction in the amount of native
vegetation after each fire. Fire can destroy dormant seeds as well as
mature plants and seedlings, even in steep or inaccessible areas
(Cuddihy and Stone 1990). The only known wild individual of Delissea
undulata occurs in an area heavily grazed by cattle, and is offered
some protection from fires since the cattle reduce the fuel load of P.
clandestinum. However, fire remains a potentially serious threat to the
only known wild individual of D. undulata, its potential regeneration,
and other suitable habitat (J. Giffin, in litt. 1993).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Delissea undulata in determining to make this
rule final. Based on this evaluation, this rulemaking will list D.
undulata as endangered. Only one wild individual of this species is
known to exist, and it is threatened by habitat degradation by feral
ungulates and alien plants, fire, and lack of legal protection. The
seeds produced on the wild plant and the outplanted individuals are
viable but no germination has been observed in the wild. Small
population size makes this species particularly vulnerable to reduced
reproductive vigor and/or extinction from stochastic events. Because
this species is in danger of extinction throughout all of its range, it
fits the definition of endangered as defined in the Act.
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
consideration 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 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 should 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
Delissea undulata. 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.
Such a determination would provide no additional protection to
Delissea undulata and could increase the degree of threat to the
species. The extant population is on State land; State government
agencies can be alerted to the presence of the plant without the
publication of critical habitat descriptions and maps. The publication
of such descriptions and maps would potentially increase the degree of
threats from taking or vandalism because a live specimen of D. undulata
would be of interest to curiosity seekers or collectors of rare plants.
Although taking by humans is not currently a primary threat, listing D.
undulata is likely to substantially increase interest in the plant,
thus increasing the threat from human disturbance. All involved parties
and landowners have been notified of the importance of protecting this
species' habitat. In addition, protection of the species' habitat will
be addressed through the recovery planning process. Furthermore, the
limited protections added by designating critical habitat are provided
by section 7 of the Act, which applies only to actions by Federal
agencies. There are no known Federal activities within the currently
known habitat of this species. Therefore, the Service finds that
designation of critical habitat for this species is not prudent at this
time, because such designation would increase the degree of threat from
vandalism, collecting, or other human activities and because it is
unlikely to aid in the conservation of this species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing can result in
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. Harold L. Lyon Arboretum of the
University of Hawaii at Manoa is propagating seeds collected from the
one remaining individual as part of an ex situ conservation program.
The Arboretum has over 400 seedlings growing as part
[[Page 53129]]
of this conservation program, and has sent approximately 50 individuals
to the State's Hawaii forestry district for experimental outplanting in
the Puu Waawaa area. Several outplanted individuals have produced seed
after only two years, although no seedlings have been produced by these
outplanted individuals (Charles H. Lamoureux, Harold L. Lyon Arboretum
at University of Hawaii, pers. comm. 1993; J. Giffin, pers. comms.
1993, 1994). The Act provides for possible land acquisition and
cooperation with State agencies and requires that recovery actions be
carried out for all listed species. Since Delissea undulata is known to
occur on State land, cooperation between Federal and State agencies is
necessary to provide for its conservation. The protection required of
Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7 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. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) 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. If a species is listed
subsequently, section 7(a)(2) requires Federal agencies to insure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of the species. If a Federal action
may affect a listed species, the responsible Federal agency must enter
into formal consultation with the Service. No Federal involvement is
known or anticipated that would affect Delissea undulata, as the only
known site is on State owned land.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, would apply to Delissea undulata. These prohibitions, in
part, make it illegal for any person subject to the jurisdiction of the
United States to import or export, transport in interstate or foreign
commerce in the course of a commercial activity, sell or offer for sale
in interstate or foreign commerce, or remove and reduce an endangered
plant species to possession from areas under Federal jurisdiction. In
addition, for plants listed as endangered, the Act prohibits the
malicious damage or destruction on areas under Federal jurisdiction and
the removal, cutting, digging up, or damaging or destroying of such
plants in knowing violation of any State law or regulation, including
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 plants under certain
circumstances. Such permits are available for scientific purposes and
to enhance the propagation and survival of the species. It is
anticipated that few 50 CFR 17.63 permits relating to economic hardship
would ever be sought or issued because the species is uncommon in
cultivation and is very rare 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. Such information is intended to clarify the potential
impacts of a species' listing on proposed and ongoing activities within
the species' range. The only known wild individual of Delissea undulata
occurs on State land. Collection, damage, or destruction of this
species on State land would constitute a violation of section 9 if
conducted in knowing violation of Hawaii State law or regulations or in
violation of a State criminal trespass law (see Hawaii State Law
section below). Damage or destruction of the last known individual of
this species via vandalism, arson fire, domestic cattle, feral
ungulates, or as a result of the deliberate introduction of plant
predators or pathogens that attack this species could be considered
such a violation.
Requests for copies of the regulations regarding 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 NE 11th Avenue, Portland, Oregon 97232-4181, telephone
(503) 231-6131.
Hawaii State Law
Federal listing will automatically invoke listing under the State's
endangered species legislation. Hawaii's Endangered Species Act states,
``Any species of aquatic life, wildlife, or land plant that has been
determined to be an endangered species pursuant to the [Federal]
Endangered Species Act shall be deemed to be an endangered species
under the provisions of this chapter * * *'' (HRS, sect. 195D-4(a)).
Therefore, Federal listing will accord the species listed status under
Hawaii State Law. State law prohibits cutting, collecting, uprooting,
destroying, injuring, or possessing any listed species of plant on
State or private land, or attempting to engage in any such conduct. The
State law encourages conservation of such species by State agencies and
triggers other State regulations to protect the species (HRS, sect.
195D-4 and 5).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and 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).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of Management and Budget under Executive Order 12866.
References Cited
A complete list of all references cited herein, as well as others,
is available upon request from the Ecoregion Manager, Pacific Islands
Ecoregion Office (see ADDRESSES section).
Author
The primary author of this final rule is Marie M. Bruegmann of the
Pacific Islands Ecoregion Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, 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. Amend section 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants to read as follows:
[[Page 53130]]
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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SPECIES
------------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Delissea undulata............. None.................. U.S.A. (HI).............. Campanulaceae............ E 593 NA NA
* * * * * * *
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Dated: September 19, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25555 Filed 10-9-96; 8:45 am]
BILLING CODE 4310-55-P