[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Rules and Regulations]
[Pages 53070-53089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25558]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD46


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered or Threatened Status for Nineteen Plant Species From the 
Island of Kauai, 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 17 plants: Alsinidendron lychnoides (kuawawaenohu), 
Alsinidendron viscosum (No common name (NCN)), Cyanea remyi (haha), 
Cyrtandra cyaneoides (mapele), Delissea rivularis ('oha), 
Hibiscadelphus woodii (hau kuahiwi), Hibiscus waimeae ssp. hannerae 
(koki'o ke'oke'o), Kokia kauaiensis (koki'o), Labordia tinifolia var. 
wahiawaensis (kamakahala), Phyllostegia knudsenii (NCN), Phyllostegia 
wawrana (NCN), Pritchardia napaliensis (loulu), Pritchardia viscosa 
(loulu), Schiedea helleri (NCN), Schiedea membranacea (NCN), Schiedea 
stellarioides (laulihilihi), and Viola kauaensis var. wahiawaensis 
(nani wai'ale'ale). The Service also determines threatened status for 
two plant species: Cyanea recta (haha) and Myrsine linearifolia 
(kolea). All of the species are endemic to the island of Kauai, 
Hawaiian Islands. The 19 plant taxa and their habitats have been 
variously affected or are currently threatened by one or more of the 
following: competition, predation or habitat degradation from 
introduced species, natural disasters, and trampling by humans. This 
rule implements the Federal protection provisions provided by the Act. 
Listing under the Act also triggers listed status for these 19 taxa 
under State law.

EFFECTIVE DATE: This rule takes effect November 12, 1996.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours at the U.S. Fish and 
Wildlife Service, 300 Ala Moana Boulevard, Room 3108, P.O. Box 5088, 
Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Brooks Harper, Field Supervisor, 
Ecological Services (see ADDRESSES

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section) (telephone: 808/541-3441; facsimile: 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    Alsinidendron lychnoides, Alsinidendron viscosum, Cyanea recta, 
Cyanea remyi, Cyrtandra cyaneoides, Delissea rivularis, Hibiscadelphus 
woodii, Hibiscus waimeae ssp. hannerae, Kokia kauaiensis, Labordia 
tinifolia var. wahiawaensis, Myrsine linearifolia, Phyllostegia 
knudsenii, Phyllostegia wawrana, Pritchardia napaliensis, Pritchardia 
viscosa, Schiedea helleri, Schiedea membranacea, Schiedea 
stellarioides, and Viola kauaensis var. wahiawaensis are endemic to the 
island of Kauai.
    The island of Kauai is the northernmost and oldest of the eight 
major Hawaiian Islands (Foote et al. 1972). This highly eroded island, 
characterized by deeply dissected canyons and steep ridges, is 1,430 
square kilometers (sq km) (553 sq miles (mi)) in area (Department of 
Geography 1983). Kauai was formed about six million years ago by a 
single shield volcano. Its caldera, once the largest in the Hawaiian 
Islands, now extends about 16 km (10 mi) in diameter and comprises the 
extremely wet, elevated tableland of Alakai Swamp (Department of 
Geography 1983). Because the highest point on Kauai, at Kawaikini Peak, 
is only 1,598 m (5,243 ft) in elevation (Walker 1990), it lacks the 
contrasting leeward montane rainfall patterns found on other Hawaiian 
islands that have higher mountain systems. Rainfall is distributed 
throughout the upper elevations, especially at Mount Waialeale, Kauai's 
second highest point at 1,569 m (5,148 ft) in elevation (Walker 1990) 
and one of the wettest spots on earth, where annual rainfall averages 
1,145 centimeters (cm) (450 inches (in)) (Wagner et al. 1990). To the 
west of the Alakai Swamp is the deeply dissected Waimea Canyon, 
extending 16 km (10 mi) in length and up to 1.6 km (1 mi) in width. 
Later volcanic activity on the southeastern flank of the volcano formed 
the smaller Haupu caldera. Subsequent erosion and collapse of its flank 
formed Haupu Ridge (Macdonald et al. 1983). One of the island's most 
famous features is the Na Pali Coast, where stream and wave action have 
cut deep valleys and eroded the northern coast to form precipitous 
cliffs as high as 910 m (3,000 ft) (Joesting 1984).
    Because of its age and relative isolation, levels of floristic 
diversity and endemism are higher on Kauai than on any other island in 
the Hawaiian archipelago. However, the vegetation of Kauai has 
undergone extreme alterations because of past and present land use. 
Land with rich soils was altered by the early Hawaiians and, more 
recently, converted to agricultural use (Gagne and Cuddihy 1990) or 
pasture. Intentional or inadvertent introduction of alien plant and 
animal species has also contributed to the reduction of native 
vegetation on the island of Kauai. Native forests are now limited to 
the upper elevation mesic and wet regions within Kauai's conservation 
district. The 19 taxa in this final rule occur in that district, 
between 150 and 1,310 m (500 and 4,300 ft) elevation, within large 
State-owned tracts of natural area reserves, forest reserves, and 
parks, and smaller privately owned tracts. Most of the taxa persist on 
steep slopes, precipitous cliffs, valley headwalls, and other regions 
where unsuitable topography has prevented agricultural development or 
where inaccessibility has limited encroachment by alien animal and 
plant species.
    The 19 taxa in this final rule are distributed mostly in the 
northern and northwestern portions of the island and grow in a variety 
of vegetation communities (shrublands, forests, and mixed communities), 
elevational zones (lowland to montane), and moisture regimes (dry to 
wet). Only one species, Pritchardia napaliensis, is found in lowland 
dry communities. These once abundant communities are now fragmented due 
to fire, development, and the ingression of alien plants and animals. 
Lowland dry forests in Hawaii are characterized by an annual rainfall 
of 50 to 200 cm (20 to 80 in) that falls between November and March, 
and a well-drained, highly weathered substrate rich in aluminum (Gagne 
and Cuddihy 1990).
    Most populations of the 19 taxa in this final rule are in lowland 
mesic or wet shrubland or forest communities. Lowland mesic shrublands 
lie between 30 and 850 m (100 and 2,790 ft) elevation and are 
characterized by an open or closed canopy up to 3 m (10 ft) tall with 
little or no herbaceous layer development. These shrublands usually 
occur in habitats where forests cannot develop, such as on cliffs, 
ridges, and steep slopes. The annual rainfall of 100 to 200 cm (40 to 
80 in) falls primarily during the winter months (Gagne and Cuddihy 
1990). Lowland mesic forest communities lie between 30 and 1,600 m (100 
and 5,250 ft) elevation and are characterized by a 2 to 20 m (6.5 to 65 
ft) canopy and a diverse understory of shrubs, herbs, and ferns. The 
annual rainfall of 120 to 380 cm (45 to 150 in) falls predominantly 
between October and March (Gagne and Cuddihy 1990). Lowland mesic 
forests often grade into lowland wet forests that are typically found 
on the windward sides of islands or in sheltered leeward situations 
between 100 and 1,200 m (330 and 3,940 ft) elevation. The rainfall in 
this lowland wet community may exceed 500 cm (200 in) per year. These 
forests were once the predominant vegetation on Kauai but now exist 
only on steep rocky terrain or cliff faces. The substrate is generally 
well-drained soils that may support tree canopies up to 40 m (130 ft) 
in height (Cuddihy and Stone 1990, Gagne and Cuddihy 1990). The habitat 
of eight of the 19 taxa in this final rule extends to the higher 
elevation montane mesic or wet forests. Alsinidendron lychnoides, 
Delissea rivularis, and Schiedea helleri are the only taxa found 
strictly within these montane communities, which typically occur above 
910 m (3,000 ft) elevation (Hawaii Heritage Program (HHP) 1994a). The 
annual rainfall in montane communities may exceed 700 cm (280 in) 
(Gagne and Cuddihy 1990).
    The land that supports these 19 plant taxa is owned by various 
private parties and the State of Hawaii (including State parks, forest 
reserves, and natural area reserves).

Discussion of the 19 Plant Taxa Included in This Final Rule

    Alsinidendron lychnoides was first described by Wilhelm Hillebrand 
(1888) as Schiedea lychnoides based on a specimen collected by Valdemar 
Knudsen (between about 1853 and 1871) above Waimea, Kauai. While both 
Hillebrand and Amos Heller (1897) believed that there were good reasons 
to place Schiedea lychnoides in the genus Alsinidendron, it wasn't 
until 1944 that Earl Sherff transferred the species to this genus.
    Alsinidendron lychnoides, a member of the pink family 
(Caryophyllaceae), is a weakly climbing or sprawling subshrub. The main 
stems are 0.4 to 3 m (1.3 to 9.8 ft) long with short side branches. The 
plant is woody, at least at the base, and densely covered with fine 
glandular hairs throughout. The thin leaves are egg-shaped to elliptic 
and are 3.5 to 6.5 cm (1.4 to 2.6 in) long and 1.5 to 3.8 cm (0.6 to 
1.5 in) wide. Scattered clusters of 18 to 21 flowers range from 2 to 
2.4 cm (0.8 to 0.9 in) in length. The four sepals are white and thin, 
and remain so at maturity. The outer two sepals greatly overlap the 
inner ones. The sepals are oblong-ovate, 10 to 12 millimeters (mm) (0.4 
to 0.5 in) long, but enlarge to 12 to 16 mm (0.5 to 0.6 in) long in 
fruit, completely enclosing the fruit at maturity. The stamens are

[[Page 53072]]

scarcely fused at the base with basal outgrowths 2.5 to 3.5 mm (0.1 in) 
long, nearly as wide, and two- to three-toothed. The fruit are egg-
shaped capsules, 9 to 12 mm (0.4 to 0.5 in) long, with 8 to 11 valves. 
The black seeds are approximately 1 mm (0.04 in) long with low 
transverse ridges on the surface. This species is distinguished from 
others in this endemic Hawaiian genus by the weakly climbing or 
sprawling habit, color of the sepals, number of flowers per cluster, 
and size of the leaves. Alsinidendron lychnoides is closely related to 
Alsinidendron viscosum, which differs primarily in having narrower 
leaves, fewer capsule valves, and fewer flowers per cluster (Wagner et 
al. 1990).
    Historically, Alsinidendron lychnoides has been found on the east 
rim of Kalalau Valley near Keanapuka, the western and southeastern 
margins of the Alakai Swamp, and southwest of the Swamp near 
Kaholuamano on the island of Kauai (HHP 1994b2 to 1994b4, 1994b7; 
Wagner et al. 1990). This species is extant on State-owned land in the 
Alakai Swamp, including the Alakai Wilderness Preserve, and on State-
owned land on the east rim of Kalalau Valley. This latter population 
occurs on the boundary of Hono O Na Pali Natural Area Reserve (NAR) and 
Na Pali Coast State Park. The four known populations contain a total of 
between 50 and 100 plants (HHP 1994b1, 1994b5, 1994b6; Hawaii Plant 
Conservation Center (HPCC) 1992a; Wood and Perlman 1993a; Yoshioka 
1992; Diane Ragone, National Tropical Botanical Garden (NTBG), in litt. 
1995). Alsinidendron lychnoides typically grows in montane wet forest 
dominated by Metrosideros polymorpha ('ohi'a) and Cheirodendron sp. 
('olapa), or by 'ohi'a and Dicranopteris linearis (uluhe), trailing on 
the ground or on other vegetation, and at elevations between 1,100 and 
1,320 m (3,600 and 4,330 ft). Associated plant species include Athyrium 
sp., Carex sp., Cyrtandra sp. (ha'iwale), Machaerina sp. ('uki), 
Vaccinium sp. ('ohelo), Peperomia sp. ('ala 'ala wai nui), Hedyotis 
terminalis (manono), Astelia sp. (pa'iniu), and Broussaisia arguta 
(kanawao) (HHP 1994b5, 1994b6; HPCC 1992a; Wagner et al. 1990; Marie M. 
Bruegmann, U.S. Fish and Wildlife Service, in litt. 1994).
    The major threats to Alsinidendron lychnoides are competition from 
the aggressive alien plant species Rubus argutus (prickly Florida 
blackberry), habitat degradation by feral pigs (Sus scrofa), and 
trampling by humans. One plant has died since Hurricane 'Iniki struck 
Kauai in September 1992. This species is also threatened by a risk of 
extinction from naturally occurring events (such as landslides or 
hurricanes) and/or reduced reproductive vigor due to the small number 
of extant individuals (Center for Plant Conservation (CPC) 1990; HHP 
1994b1, 1994b5, 1994b6; HPCC 1992a; M. Bruegmann, in litt. 1994).
    Horace Mann, Jr. (1866) originally described Alsinidendron viscosum 
as Schiedea viscosa based on a collection he made with William Brigham 
(between 1864 and 1865) on Kauai (Wagner et al. 1990). He chose the 
specific name in reference to the sticky hairs covering the whole 
plant. Later, Sherff (1944) placed the taxon in the genus Alsinidendron 
based on a reassessment of this species and Schiedea lychnoides, as 
suggested by Hillebrand (1888) and Heller (1897).
    Alsinidendron viscosum, a member of the pink family, is a weakly 
climbing or sprawling subshrub. The stems are 0.6 to 3 m (2.0 to 9.8 
ft) long, and densely covered with fine glandular hairs throughout. The 
thin and membranous leaves are narrowly elliptic and are 2.5 to 5 cm 
(1.0 to 2.0 in) long and 0.8 to 1.8 cm (0.3 to 0.7 in) wide. Usually 
three to nine flowers are arranged in loose clusters with stalks 
ranging from 2 to 3.5 cm (0.8 to 1.4 in) long. The four sepals are 
white, thin, and membranous, and remain so at maturity. The outer two 
sepals greatly overlap the inner ones. The sepals are oblong in shape 
and 8 to 9 mm (0.3 in) long, but enlarge to approximately 12 mm (0.5 
in) long in fruit, completely enclosing the fruit at maturity. The 
stamens are sparsely fused at the base and the basal outgrowths are 
about 3 mm (0.1 in) long, nearly as wide, and two-toothed. The fruits 
are egg-shaped capsules, 8 to 12 mm (0.3 to 0.5 in) long, and opening 
by five to seven valves. The seeds are dark reddish brown, and 
approximately 0.8 mm (0.03 in) long with a minutely hairy surface. This 
species is distinguished from others in this endemic Hawaiian genus by 
the weakly climbing or sprawling habit, color of the sepals, number of 
flowers per cluster, and size of the leaves. Alsinidendron viscosum is 
closely related to Alsinidendron lychnoides, which differs primarily in 
having wider leaves and more capsule valves and flowers per cluster 
(Wagner et al. 1990).
    Historically, Alsinidendron viscosum was known from the 
Kaholuamano, Kokee, Halemanu, Nawaimaka, and Waialae areas of 
northwestern Kauai (HHP 1994c1 to 1994c3). This species had not been 
seen since Charles Noyes Forbes' 1917 collection near Kauaikinana in 
Kokee when, in 1991, Steven Perlman and Kenneth Wood of HPCC discovered 
a population of 11 mature plants on the ridge between Waialae and 
Nawaimaka valleys. In 1993, another 20 to 30 plants were discovered in 
the same general area on a north-facing ridge in Nawaimaka Valley. In 
1992, Timothy Flynn and David Lorence of the National Tropical 
Botanical Garden (NTBG) located 10 plants along the Mohihi-Waialae 
Trail. The two known populations (two subpopulations in Nawaimaka 
Valley and one population on Mohihi-Waialae Trail) total between 40 and 
60 mature plants on State-owned land. One population is within the 
Alakai Wilderness Preserve (Flynn and Lorence 1992; HHP 1994c4; HPCC 
1993a1, 1993a2; Yoshioka 1992; Flynn and Wood, NTBG, pers. comms. 
1994). Alsinidendron viscosum is typically found at elevations between 
820 and 1,070 m (2,700 and 3,510 ft), on steep slopes in Acacia koa 
(koa)-'ohi'a lowland mesic or wet forest. Associated plant species 
include Alyxia oliviformis (maile), Bobea sp. ('ahakea), Carex sp., 
Dodonaea viscosa ('a'ali'i), Ilex anomala ('aiea), Melicope sp. 
(alani), Pleomele sp. (hala pepe), and Psychotria sp. (kopiko) (HHP 
1994c4; HPCC 1993a1, 1993a2; Flynn and Lorence 1992; Wagner et al. 
1990; K. Wood, pers. comm. 1994).
    Destruction of habitat by feral pigs and goats (Capra hircus); 
competition with the alien plant species prickly Florida blackberry, 
Lantana camara (lantana), and Melinis minutiflora (molasses grass); and 
a risk of extinction from naturally occurring events and/or reduced 
reproductive vigor, due to the small number of extant populations and 
individuals, are the major threats to Alsinidendron viscosum (HHP 
1994c4; HPCC 1993a1, 1993a2; S. Perlman, and K. Wood, NTBG, pers. 
comms. 1994; Christa Russell, The Nature Conservancy of Hawaii (TNCH), 
in litt. 1994).
    While a member of the Austrian East Asiatic Exploring Expedition, 
Dr. Heinrich Wawra collected a new lobelioid on Kauai which he later 
described and named Delissea recta (Wawra 1873). In 1888, Hillebrand 
transferred this species to the genus Cyanea, and this is the name 
accepted in the current treatment of the family (Lammers 1990). Other 
published names that Lammers (1990) considers to be synonymous with 
Cyanea recta include Cyanea larrisonii, Cyanea rockii, Cyanea salicina, 
Delissea larrisonii, and Delissea rockii (Rock 1915, St. John 1987b, 
Wimmer 1968).
    Cyanea recta, a member of the bellflower family, is an unbranched 
shrub 1 to 1.5 m (3.3 to 4.9 ft) tall. The

[[Page 53073]]

narrowly elliptic leaves are 12 to 28 cm (4.7 to 11 in) long and 1.2 to 
5 cm (0.5 to 2 in) wide, with minutely toothed margins. The upper 
surface is green and smooth, while the lower surface is whitish green 
to pale green, and smooth or hairy. Five to seven flowers are arranged 
on an inflorescence stalk 7 to 10 cm (3 to 4 in) long, each having an 
individual stalk 5 to 17 mm (0.2 to 0.7 in) in length. The densely 
hairy flowers are purple or white with purple longitudinal stripes, 30 
to 40 mm (1.2 to 1.6 in) long, and 3 to 4 mm (0.1 to 0.2 in) wide, with 
spreading lobes. The staminal column is smooth or sparsely hairy at the 
base. The anthers are covered with minute epidermal projections, the 
lower two with tufts of white hairs at the tip. The fruit is an egg-
shaped, purple berry. Cyanea recta is distinguished from other species 
in the genus that grow on Kauai by the following collective 
characteristics: horizontal or ascending inflorescence, narrowly 
elliptic leaves 12 to 28 cm (4.7 to 11 in) long, flat leaf margins, and 
purple berries (Lammers 1990).
    Historically, Cyanea recta was known from scattered locations of 
northeastern and central Kauai, including upper Hanalei Valley, Waioli 
Valley, Hanapepe Valley, Kalalau cliffs, Wainiha Valley, Makaleha 
Mountains, Limahuli Valley, Powerline Trail, and the Lehua Makanoe-
Alakai area (HHP 1994d1 to 1994d7). Currently, six populations of this 
species, totalling approximately 500 to 1,500 individuals, are found on 
State and private land in the following areas: upper Waioli Valley, 
with more than 150 plants; Wainiha Valley, with several hundreds of 
plants; Makaleha Mountains, with an estimated 123 plants; Limahuli 
Valley with fewer than 50 plants; Powerline Trail with a single plant; 
and the back of Hanalei Valley with an unknown number of plants (HHP 
1994d3, 1994d8 to 1994d10; HPCC 1992b, 1993c1, 1993c2; Lorence and 
Flynn 1993a, 1993b; K. Wood and S. Perlman, pers. comms. 1994). Cyanea 
recta grows in lowland wet or mesic 'ohi'a forest or shrubland, usually 
in gulches or on slopes, and typically from 400 to 940 m (1,300 to 
3,070 ft) elevation. Associated plant species include kopiko, Antidesma 
sp. (hame), Cheirodendron platyphyllum (lapalapa), Cibotium sp. 
(hapu'u), and Diplazium sp. (HHP 1992; HPCC 1992b, 1993c1, 1993c2; 
Lammers 1990; Lorence and Flynn 1993a, 1993b).
    The major threats to Cyanea recta are bark removal by rats; habitat 
degradation by feral pigs; browsing by goats; and competition with the 
alien plant species Blechnum occidentale (blechnum fern), lantana, 
Rubus rosifolius (thimbleberry), Clidemia hirta (Koster's curse), 
Crassocephalum crepidioides, Deparia petersenii, Erechtites 
valerianifolia (fireweed), Melastoma candidum, Paspalum conjugatum 
(Hilo grass), Sacciolepis indica (Glengrass), and Youngia japonica 
(Oriental hawksbeard) (Lorence and Flynn 1993a, 1993b; Wood and Perlman 
1993b; K. Wood, pers. comm. 1994).
    The French naturalist and ethnologist Ezechiel Jules Remy first 
collected Cyanea remyi on Kauai or Niihau between 1851 and 1855. The 
specimen, labelled as an unidentified Delissea, languished in the 
herbarium of the Natural History Museum in Paris until Joseph Rock 
formally described it and named it in honor of the collector, in 1917. 
In the current treatment of the family, Lammers (1990) surmised that 
the taxon may be synonymous with Cyanea truncata due, at that time, to 
the inadequate material available for study. However, several recent 
collections by botanists from NTBG have confirmed the distinctness of 
this species (Lammers 1993; Thomas Lammers, Field Museum of Natural 
History, and S. Perlman, pers. comms. 1994).
    Cyanea remyi, a member of the bellflower family, is a shrub 0.9 to 
2 m (3 to 6.6 ft) tall with generally unbranched stems 1 to 2.5 cm (0.4 
to 1 in) in diameter. The stems are erect, unarmed (lacking prickles), 
dark purple and hairy toward the apex, and brown and hairless below. 
The leaves are broadly elliptic, egg-shaped, or broadly oblong, and 16 
to 40 cm (6 to 16 in) long and 9.5 to 19.5 cm (3.7 to 7.7 in) wide. The 
upper leaf surface is green, glossy, and hairless. The lower leaf 
surface is whitish green and glossy with scattered short white hairs on 
the midrib and veins. The leaf margins are hardened and slightly 
toothed. The inflorescence rises upward, contains six to 13 flowers, 
and is covered with short white hairs. The dark maroon sepal lobes are 
triangular or narrowly triangular, spreading or ascending, and 4 to 6 
mm (0.2 in) long and 1 to 2 mm (0.04 to 0.08 in) wide. The tubular 
flowers, 40 to 53 mm (2 in) long, have two lips, are dark purple 
(shading to purplish white at the apex of the lobes on their inner 
surface), and are densely covered with short white hairs. The flower 
tube is curved, 30 to 31 mm (1 in) long and 5 to 5.5 mm (0.2 in) in 
diameter. The staminal column is slightly protruding. The maroon or 
dark purple fruit is a round berry, 10 to 13 mm (0.4 to 0.5 in) in 
diameter, with orange flesh and small projections on the outer surface. 
Cyanea remyi is distinguished from others in the genus that grow on 
Kauai by its shrubby habit; relatively slender, unarmed (lacking 
prickles) stems; smooth or minutely toothed leaves; densely hairy 
flowers; the shape of the calyx lobes; length of the calyx and corolla, 
and length of the corolla lobe relative to the floral tube (Lammers and 
Lorence 1993).
    Cyanea remyi was originally known only from Remy's nineteenth 
century collection. In 1991, after more than 130 years, Cyanea remyi 
was rediscovered in the Blue Hole on Kauai by botanists from NTBG. 
Currently, this species is known from four widely separated locations 
in northeastern and southeastern Kauai: a population of 14 plants in 
Waioli Valley; several hundred plants at the base of Mount Waialeale; 
about 140 to 180 plants in the Wahiawa Mountains, near Hulua; and a 
population of about ten to 50 plants on the summit plateau of the 
Makaleha Mountains. This species, therefore, totals over several 
hundred plants on State and private land. Cyanea remyi is usually found 
in lowland wet forest or shrubland at an elevation of 360 to 930 m 
(1,180 to 3,060 ft). Associated plant species include hame, kanawao, 
'ohi'a, Freycinetia arborea ('ie'ie), and Perrottetia sandwicensis 
(olomea) (HHP 1992, 1994e; HPCC 1991a1, 1991a2, 1992c; Lorence and 
Flynn 1991, 1993a, 1993b).
    Competition with the alien plant species fireweed, Hilo grass, 
Psidium cattleianum (strawberry guava), thimbleberry, and Melastoma 
candidum; habitat degradation by feral pigs; browsing by goats; 
predation by rats; unidentified slugs that feed on the stems; and a 
risk of extinction from naturally occurring events, due to the small 
number of remaining populations, are the major threats to Cyanea remyi 
(HPCC 1991a1, 1991a2, 1992c; Lorence and Flynn 1991, 1993b; S. Perlman, 
pers. comm. 1994).
    In 1909, Rock collected a plant specimen on Kauai that he named 
Cyrtandra cyaneoides (Rock 1913a). The specific epithet refers to the 
resemblance of this distinctive plant to a species of the endemic 
Hawaiian genus Cyanea.
    Cyrtandra cyaneoides, a member of the African violet family 
(Gesneriaceae), is an erect or ascending, fleshy, unbranched shrub, 
about 1 to 1.3 m (3.3 to 4.3 ft) tall. The opposite, symmetrical, egg-
shaped leaves are fleshy and leathery, 40 to 55 cm (16 to 22 in) long 
and 22 to 35 cm (9 to 14 in) wide. The upper surface of the toothed 
leaves is wrinkled with impressed veins and sparsely covered with long 
hairs. The lower surface has raised veins and is sparsely covered with 
hairs. The leaf

[[Page 53074]]

stalks are 4.5 to 14 cm (1.8 to 5.5 in) long and winged. The white 
flowers, covered with shaggy brown hairs, arise from the leaf axils in 
small dense clusters. The corolla tube (fused petals) is narrowly 
funnelform, curved near the middle, about 25 mm (1 in) long, and 
hairless. The corolla lobes are elliptic and about 7 mm (0.3 in) long. 
The bilaterally symmetrical calyx is spindle-shaped in bud and about 26 
to 36 mm (1 to 1.4 in) in length when the flower is fully open, but 
falls off after the flower matures. The fruit is an egg-shaped berry 
which is covered with shaggy hairs, at least when young. Although 
poorly known, Cyrtandra cyaneoides is a very distinctive species 
(Wagner et al. 1990). It differs from others of the genus that grow on 
Kauai by being a succulent, erect or ascending shrub and having a 
bilaterally symmetrical calyx that is spindle-shaped in bud and that 
falls off after flowering; leaves with a wrinkled surface, 40 to 55 cm 
(16 to 22 in) long and 22 to 35 cm (9 to 14 in) wide; and berries with 
shaggy hairs (Wagner et al. 1990).
    Cyrtandra cyaneoides was originally known only from the type 
collection made at Kaholuamanu 80 years ago, along the trail to Waialae 
Valley on the island of Kauai (HHP 1994f1, Wagner et al. 1990). In 
1991, botanists from NTBG discovered a population of 50 to 100 
individuals at Namolokama above Lumahai Valley. Three additional 
populations were discovered over the next 2 years: one plant on the 
Makaleha Plateau; more than 300 plants in Wainiha Valley; and one plant 
in upper Waioli Valley for a total of between 350 and 400 plants (HHP 
1994f2; Lorence and Flynn 1993a, 1993b; Wood and Perlman 1993b). The 
four known populations occur on private and State land, between 550 and 
1,220 m (1,800 and 4,000 ft) elevation. This species typically grows on 
steep slopes or cliffs near streams or waterfalls in lowland or montane 
wet forest or shrubland dominated by 'ohi'a or a mixture of 'ohi'a and 
uluhe. Associated species include Boehmeria grandis ('akolea), Pipturus 
sp. (mamaki), 'olapa, 'uki, Athyrium sp., and Hedyotis sp. (manono) 
(Lorence and Flynn 1993a, 1993b; Wood and Perlman 1993b).
    The major threat to Cyrtandra cyaneoides is competition with alien 
plant species such as fireweed, Hilo grass, thimbleberry, Deparia 
petersenii, and Drymaria cordata (pipili). Because of the small number 
of known populations, this species is especially vulnerable to 
extinction by reduced reproductive vigor and/or naturally occurring 
events (for example, landslides and hurricanes). Feral pigs are 
reported to occur in lower Wainiha Valley; however, no evidence exists 
of their incursion into the upper valley to date (HHP 1994f2; HPCC 
1993d; Lorence and Flynn 1993a, 1993b; S. Perlman, pers. comm. 1994).
    In 1909, Rock collected a plant specimen on Kauai that he later 
named Cyanea rivularis (Rock 1913b). In 1943, F.E. Wimmer transferred 
this species to Delissea, and Lammers (1990) concurred in the current 
treatment of this endemic Hawaiian genus. The specific epithet refers 
to streams or brooks, the typical habitat of this plant.
    Delissea rivularis, a member of the bellflower family, is a shrub, 
unbranched or branched near the base, with hairy stems 4 to 5 m (13 to 
16 ft) long. The leaves are arranged in a rosette at the tips of the 
stems. The elliptic to lance-shaped leaves are 20 to 30 cm (8 to 12 in) 
long and 3 to 8 cm (1.2 to 3.2 in) wide, with minutely toothed margins. 
Both leaf surfaces are covered with hairs. Six to twelve flowers are 
arranged on an inflorescence stalk 4 to 8 cm (1.6 to 3.2 in) long, each 
having an individual stalk 10 to 15 mm (0.4 to 0.6 in) in length. The 
curved, hairy flowers are white with blue longitudinal stripes, 30 to 
40 mm (1.2 to 1.6 in) long, with one dorsal knob. The fruit is a 
spherical, dark purple berry 10 to 15 mm (0.4 to 0.6 in) in diameter. 
This species is distinguished from others of the genus by the color, 
length, and curvature of the corolla; shape of the leaves; and presence 
of hairs on the stems, leaves, flower clusters, and corolla (Lammers 
1990).
    Historically, Delissea rivularis was known from Waiakealoha 
waterfall (location unknown), Waialae Valley, Hanakoa Valley, and 
Kaholuamano on the island of Kauai (HHP 1994g1 to 1994g3, Lammers 
1990). This species, recently recollected after almost 80 years, is now 
known only from the upper Hanakoa Valley stream area of northwestern 
Kauai (HPCC 1993e; S. Perlman, pers. comm. 1994). This population of 15 
to 20 plants, scattered over an area of more than 100 sq m (1,100 sq 
ft), is on State land within the Hono O Na Pali NAR at about 1,190 m 
(3,900 ft) elevation. Delissea rivularis is found on steep slopes in 
'ohi'a-'olapa montane wet or mesic forest, near streams. Associated 
native species include kanawao, Athyrium sp., Carex sp., Coprosma sp. 
(pilo), and Sadleria sp. ('ama'u) (HPCC 1993e; Lammers 1990; S. 
Perlman, pers. comm. 1994).
    The major threats to Delissea rivularis are competition with the 
encroaching alien plant prickly Florida blackberry, habitat destruction 
by feral pigs, and reduced reproductive vigor and/or a risk of 
extinction from naturally occurring events due to the small number of 
remaining individuals in the single remaining population (HPCC 1993e; 
S. Perlman, pers. comm. 1994).
    In 1991, several new species were collected by K. Wood, M. Query, 
and Steve Montgomery on the cliff walls of Kalalau Valley, Kauai, 
including a new species in the endemic Hawaiian genus Hibiscadelphus. 
Hibiscadelphus woodii was described in 1995 by Lorence and Warren 
Wagner (1995; Wood and Perlman 1993a; D. Lorence and K. Wood, pers. 
comms. 1994).
    Hibiscadelphus woodii, a member of the mallow family (Malvaceae), 
is a small branched tree 2.5 to 5 m (8.2 to 16.4 ft) tall with a 
rounded crown. The leaves have stalks 2.8 to 5.8 cm (1.1 to 2.3 in) 
long, with star-shaped hairs when young which are mostly lost as the 
leaf matures. Awl-shaped stipules, also covered with star-shaped hairs, 
are found at the base of the leaf stalk. The leaf blade is ovate, 7 to 
9 cm (2.6 to 3.5 in) long, and 6.5 to 8.4 cm (2.6 to 3.3 in) wide. 
Star-shaped hairs are scattered along the veins of the leaves. The leaf 
margins are irregularly and coarsely toothed with the teeth either 
pointed or rounded. Flowers are borne individually on stalks 1.4 to 2.1 
cm (0.6 to 0.8 in) long with star-shaped hairs. Below each flower are 
four to six bracts 11 to 15 mm (0.4 to 0.6 in) long and 1.8 to 4 mm 
(0.07 to 0.16 in) wide. The calyx is tubular, 1.3 to 1.5 cm (0.5 to 0.6 
in) long, green, shallowly lobed, and moderately hairy with star-shaped 
hairs. The corolla is 4.5 to 4.7 cm (1.8 to 1.9 in) long, yellow with a 
coppery tinge when fresh which rapidly turns purplish-maroon. The 
staminal column extends about 7 mm (0.3 in) beyond the lobes of the 
corolla. Fruits are not known from this species. Hibiscadelphus woodii 
differs from the other known Kauai species by differences in leaf 
surface and involucral bract characters, and by flower color (Lorence 
and Wagner 1995; D. Lorence, pers. comm. 1994).
    Hibiscadelphus woodii is known only from the site of its discovery 
in Kalalau Valley on the island of Kauai within the Na Pali Coast State 
Park, from about 990 to 1,000 m (3,250 to 3,280 ft) elevation. Only 
four trees of this species are known. The plants grow on cliff walls in 
an 'ohi'a montane mesic forest with alani, Dubautia sp. (na'ena'e), 
Lepidium serra ('anaunau), Lipochaeta sp. (nehe), Lysimachia sp., 
Chamaesyce sp. ('akoko), manono, Nototrichium sp. (kulu'i), Myrsine sp. 
(kolea), and the federally endangered species Stenogyne campanulata, 
Lobelia niihauensis, and Poa mannii (Mann's bluegrass) (HPCC

[[Page 53075]]

1991c; Lorence and Wagner 1995; D. Lorence and K. Wood, pers. comms. 
1994).
    Habitat degradation by feral goats and pigs, competition and 
invasion by the alien plant species Erigeron karvinskianus (daisy 
fleabane), nectar robbing by Japanese white-eye (Zosterops japonicus), 
and a risk of extinction from naturally occurring events (e.g., rock 
slides) and/or reduced reproductive vigor, due to the small number of 
existing individuals in the only known population, are the major 
threats to Hibiscadelphus woodii (HPCC 1991c; Lorence and Wagner 1995; 
D. Lorence, pers. comm. 1994).
    Reverend John Mortimer Lydgate collected Hibiscus waimeae ssp. 
hannerae on Kauai in 1913, and more than 60 years passed before it was 
collected again, in 1978, by Perlman. Otto and Isa Degener named 
Lydgate's collection as a variety of H. waimeae in honor of Mrs. Ruth 
Knudsen Hanner, a supporter of their work on Kauai (Degener and Degener 
1962). David M. Bates, the author of the current treatment of the 
Hawaiian members of the family, elevated the plant to subspecies rank 
(Bates 1989, 1990).
    Hibiscus waimeae ssp. hannerae, a member of the mallow family, is a 
gray-barked tree, 6 to 10 m (20 to 33 ft) tall, with star-shaped hairs 
densely covering its leaf and flower stalks and branchlets. The 
circular to broadly egg-shaped leaves are usually 5 to 18 cm (2 to 7 
in) long and 3 to 13 cm (1.2 to 5 in) wide. The strongly fragrant 
flowers are borne singly near the ends of the branches on flower stalks 
2 to 3 cm (0.8 to 1.2 in) long. The calyx is tubular, normally 3 to 4.5 
cm (1.2 to 1.8 in) long, with lobes 8 to 15 mm (0.2 to 0.6 in) long. 
The flaring petals are white when the flower opens in the morning, but 
fade to pinkish in the afternoon. The petals, usually 4 to 6 cm (1.6 to 
2.4 in) long, are basally attached to the staminal column to form a 
tube about 1.5 cm (0.6 in) long. The exserted staminal column is up to 
15 cm (6 in) long and reddish to crimson at the tip. The filaments 
arise in the upper half of the staminal column and spread up to 2.5 cm 
(1 in) long. The fruit is a cartilaginous, egg-shaped capsule 1.8 to 
2.5 cm (0.7 to 1 in) long and hairless. Two subspecies are recognized, 
both occurring on Kauai: ssp. hannerae and ssp. waimeae. Subspecies 
hannerae is distinguished by having larger leaves but smaller flowers 
(Bates 1990). The species is distinguished from others of the genus by 
the position of the anthers along the staminal column, length of the 
staminal column relative to the petals, color of the petals, and length 
of the calyx (Bates 1990).
    Three collections of Hibiscus waimeae ssp. hannerae are known, all 
from the island of Kauai (HHP 1994i2). The Kalihiwai population of this 
subspecies is apparently extinct and the two remaining populations are 
found in adjacent valleys on Kauai's northern coast on State and 
private land, and total between 75 and 125 individuals. Between 50 and 
100 plants are scattered over a 100 sq m (1,100 sq ft) area along the 
stream in Limahuli Valley, and another 50 or so plants were distributed 
over a 10 to 100 sq m (110 to 1,100 sq ft) area below the cliffs in the 
back of Hanakapiai Valley before Hurricane 'Iniki (HPCC 1990a, 1991d). 
After the hurricane, only 25 plants remain in Hanakapiai Valley (M. 
Bruegmann, in litt. 1994). In Limahuli Valley, H. waimeae ssp. hannerae 
is growing in an 'ohi'a-uluhe lowland wet forest between 190 and 560 m 
(620 and 1,850 ft) elevation. At this location, associated species 
include 'ahakea, 'ama'u, haha, ha'iwale, and Syzygium sp. The 
Hanakapiai Valley population is growing in Pisonia sp. (papala kepau)--
Charpentiera elliptica (papala) lowland mesic forest with 'ahakea, 
hame, kopiko, mamaki, and the alien species Aleurites moluccana 
(kukui), between 220 and 370 m (720 and 1,200 ft) (Bates 1990; HHP 
1990a, 1994i1, 1994i2; HPCC 1990a, 1991d).
    The major threats to Hibiscus waimeae ssp. hannerae are habitat 
degradation by feral pigs; competition with alien plant species, 
including thimbleberry, Koster's curse, and lantana; and a risk of 
extinction from naturally occurring events (e.g., hurricanes) and/or 
reduced reproductive vigor due to the small number of remaining 
populations (HHP 1994i2, 1994i3; HPCC 1990a, 1991d; M. Bruegmann, in 
litt. 1994).
    In 1919, Rock and Augustus Knudsen collected a specimen of a tree 
that Rock (1919) named as Kokia rockii var. kauaiensis. Later, Otto 
Degener and Albert Duvel (1934) elevated the variety to a full species, 
Kokia kauaiensis. The current treatment of the family upholds this 
designation (Bates 1990).
    Kokia kauaiensis, a member of the mallow family, is a tree 5 to 10 
m (16.4 to 33 ft) tall. The seven- or nine-lobed, circular leaves are 
12 to 25 cm (5 to 10 in) wide with a heart-shaped base. The solitary, 
brick-red flowers are clustered near the ends of the branches on stout 
flower stalks 3 to 9 cm (1.2 to 3.5 in) long. The broadly egg-shaped 
floral bracts are 4 to 6 cm (1.5 to 2.4 in) long and hairless except 
toward the base, which has a sparse covering of long, soft hairs. The 
curved petals, 10 to 15 cm (4 to 6 in) long, are twisted at the base 
and densely covered with yellowish, silky hairs. The fruit is an egg-
shaped capsule. The egg-shaped seeds are 10 to 12 mm (0.4 to 0.5 in) 
long and densely covered with reddish, woolly hairs up to 10 mm (0.4 
in) long. This species is distinguished from others of this endemic 
Hawaiian genus by the length of the bracts surrounding the flower head, 
number of lobes and the width of the leaves, the length of the petals, 
and the length of the hairs on the seeds (Bates 1990).
    Kokia kauaiensis is known from six scattered populations on 
northwestern Kauai, but only five of these populations have been 
relocated within the last six years (HHP 1994j1 to 1994j4). The five 
extant populations are found on State land in the following areas: 
Paaiki Valley; Mahanaloa-Kuia Valley junction within or on the boundary 
of Kuia NAR; the western side of Kalalau Valley, and Pohakuao Valley, 
both within Na Pali Coast State Park; and Koaie Stream branch of Waimea 
Canyon, where some plants may be within the boundary of the Alakai 
Wilderness Preserve. The three largest populations contain between 30 
and 70 individuals each, with the others each numbering fewer than 10 
individuals. Estimates of the total number of individuals range from 
145 to 170 (HHP 1994j1, 1994j3 to 1994j6; Joel Lau, Hawaii Heritage 
Program, and S. Perlman, pers. comms. 1994). This species typically 
grows in diverse mesic forest at elevations between 475 and 795 m 
(1,960 and 2,600 ft). Associated species include 'ahakea, koa, kukui, 
Diospyros sandwicensis (lama), manono, hala pepe, papala, Nestegis 
sandwicensis (olopua), and 'ohi'a (Bates 1990; HHP 1990a, 1994j1, 
1994j3 to 1994j6; HPCC 1990b1 to 1990b3; Wood and Perlman 1993a; M. 
Bruegmann, in litt. 1994; J. Lau, pers. comm. 1994).
    Competition with and habitat degradation by the invasive alien 
plant species lantana, Passiflora ligularis (sweet granadilla), 
thimbleberry, Kalanchoe pinnata (air plant), strawberry guava, and 
Triumfetta semitriloba (Sacramento bur); substrate loss; habitat 
degradation and browsing by feral goats and mule deer (Odocoileus 
hemionus); predation by rats, which eat the seeds; and a risk of 
extinction from naturally occurring events due to the small number of 
remaining populations are the major threats affecting the survival of 
Kokia kauaiensis (HHP 1994j1, 1994j3 to 1994j6; HPCC 1990b1 to 1990b3; 
Wood and Perlman 1993a; M. Bruegmann, in

[[Page 53076]]

litt. 1994; J. Lau, S. Perlman, and K. Wood, pers. comms. 1994).
    Based upon a specimen collected by Perlman on Kauai in 1980, Harold 
St. John (1984) described Labordia tinifolia var. wahiawaensis, naming 
it for the Wahiawa Mountains where it was first collected.
    Labordia tinifolia var. wahiawaensis, a member of the logania 
family (Loganiaceae), is a shrub or small tree, usually 2 to 8 m (6.6 
to 26.2 ft) tall. The young branches are cylindrical or nearly so and 
hairless. The elliptic to lance-shaped leaves are usually 4.5 to 21 cm 
(1.8 to 8.3 in) long and 2 to 5 cm (0.8 to 2 in) wide. The membranous 
leaves are medium green, hairless, and the veins are not impressed on 
the upper leaf surface. Normally, 9 to 12 hairless flowers are 
clustered on a downward curving inflorescence stalk 9 to 22 mm (0.35 to 
0.9 in) long, each having an individual stalk 8 to 11 mm (0.2 to 0.4 
in) in length. The pale yellowish green flower is narrowly urn-shaped, 
17 to 19 mm (0.7 to 0.75 in) long. The tubular portion of the flower is 
5.5 to 7.8 mm (0.2 to 0.3 in) long with long, white hairs inside, while 
the egg-shaped lobes are 1.7 to 2.3 mm (0.07 to 0.09 in) long. The 
fruit is an egg-shaped capsule, 8 to 17 mm (0.2 to 0.7 in) long, 
usually with two valves and an apex with a beak 0.5 to 1.5 mm (0.02 to 
0.1 in) long. Three varieties of Labordia tinifolia are recognized: 
var. lanaiensis on Lanai and Molokai, var. tinifolia on Kauai and four 
other islands, and var. wahiawaensis, endemic to Kauai. Variety 
wahiawaensis is distinguished from the other two by its larger corolla. 
This species differs from others of the genus by having a long common 
flower cluster stalk, hairless young stems and leaf surfaces, 
transversely wrinkled capsule valves, and corolla lobes usually 1.7 to 
2.3 mm (0.1 in) long (Wagner et al. 1990).
    Labordia tinifolia var. wahiawaensis is only known from the Wahiawa 
Drainage in the Wahiawa Mountains of Kauai from about 630 to 740 m 
(2,070 to 2,430 ft) elevation on privately owned land, within a 0.8 by 
1.2 km (0.5 by 0.75 mi) area (HHP 1994k; HPCC 1991e1, 1991e2; Lorence 
and Flynn 1991). More than 100 plants were known from the area before 
Hurricane 'Iniki swept over Kauai in 1992. During a 1994 visit to the 
area, only 20 to 30 surviving individuals were found (S. Perlman, pers. 
comm. 1994). The plants grow along streams in lowland wet forests 
dominated by 'ohi'a and often in association with 'olapa or uluhe. 
Plants found in association with this taxon include ha'iwale, hame, 
kopiko, manono, and Athyrium sp. (HPCC 1991e1, 1991e2).
    The primary threats to the remaining individuals of Labordia 
tinifolia var. wahiawaensis are competition with the alien plant 
strawberry guava, habitat degradation by pigs, trampling by humans, and 
a risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of individuals in the only 
known population (HPCC 1991e1, 1991e2; S. Perlman, pers. comm. 1994).
    Lydgate first collected Myrsine linearifolia on Kauai in 1912. 
Edward Hosaka (1940) chose the specific epithet to describe its 
distinctive linear-lanceolate curved leaves. In an action that was not 
supported by other taxonomists, Otto and Isa Degener (1971, 1975) 
transferred several species from the genus Myrsine to the genus Rapanea 
based upon minute floral features. The currently accepted treatment of 
the Hawaiian members of the family follows Hosaka's earlier, broad 
concept of Myrsine (Wagner et al. 1990).
    Myrsine linearifolia, a member of the myrsine family (Myrsinaceae), 
is a branched shrub, 2.5 to 8 m (8.2 to 26.2 ft) tall. The slightly 
fleshy, linear leaves are 5 to 9 cm (1.7 to 3 in) long, 0.25 to 0.4 cm 
(0.09 to 0.14 in) wide, often yellowish purple toward the base, and 
tend to be clustered toward the upper branches. The margins of the 
leaves are smooth and roll slightly toward the underside of the leaf. 
One to three apparently perfect (containing male and female parts) 
flowers, on stalks 1 to 4.2 mm (0.04 to 0.17 in) long, occur in 
clusters among the leaves. The greenish petals are inversely lance-
shaped, about 2.2 to 2.5 mm (0.09 to 0.1 in) long, and also have 
margins fringed with hairs. At maturity, the fruits are black elliptic-
shaped drupes, about 6 mm (0.2 in) long. This species is distinguished 
from others of the genus by the shape, length, and width of the leaves, 
length of the petals, and number of flowers per cluster (Wagner et al. 
1990).
    Historically, Myrsine linearifolia was known from nine scattered 
locations on Kauai: Olokele Valley, Kalualea, Kalalau Valley and 
Kahuamaa Flat, Limahuli-Hanakapiai Ridge, Koaie Stream, Pohakuao, 
Namolokama Summit Plateau, and Haupu (HHP 1994L1, 1991L4, 1994L6, 
1994L9). This species is currently known from six populations on State 
and private land: Kalalau Valley including Kahuamaa Flat above Kalalau, 
Limahuli-Hanakapiai Ridge, Wahiawa Drainage, Koaie Stream, Pohakuao, 
and Namolokama Summit Plateau (HHP 1994L2, 1994L3, 1994L5, 1994L7; HPCC 
1991f5; Wood and Perlman 1993a; J. Lau, pers. comm. 1994). Myrsine 
linearifolia typically grows in mesic to wet 'ohi'a forests that are 
sometimes co-dominant with 'olapa or uluhe from 585 to 1,280 m (1,920 
to 4,200 ft) elevation (HHP 1994L2, 1994L3, 1994L5, 1994L7; HPCC 
1991f5; Wood and Perlman 1993a; J. Lau and K. Wood, pers. comms. 1994). 
The largest population, located in Kalalau Valley, contains several 
hundreds of individuals (S. Perlman, pers. comm. 1994). The remaining 
five populations total about 100 plants; hence, approximately 1,000 to 
1,500 individuals are known for the entire species. Plants growing in 
association with this species include 'ahakea, 'aiea, alani, Eurya 
sandwicensis (anini), kopiko, Lysimachia sp., and native ferns.
    Competition with alien plants such as daisy fleabane, lantana, 
prickly Florida blackberry, strawberry guava, thimbleberry, and air 
plant, and habitat degradation by ungulates such as pigs and goats are 
major threats to Myrsine linearifolia (HPCC 1991f1 to 1991f5, 1993f; J. 
Lau, S. Perlman, and K. Wood, pers. comms. 1994).
    Hillebrand (1888) described Phyllostegia knudsenii from a specimen 
collected by Knudsen in the 1800s. He chose the specific epithet to 
honor the collector.
    Phyllostegia knudsenii, a member of the mint family (Lamiaceae), is 
an erect, perennial herb or vine. The opposite leaves are limp, ovate, 
faintly pubescent, 11.5 to 18 cm (4.5 to 7 in) long, and 5.1 to 9 cm (2 
to 3.5 in) wide. Flowers are borne in groups of two to four along a 
flower stalk 4 to 6.5 cm (1.6 to 2.6 in) long. The corolla is 6 to 8 mm 
(0.2 to 0.3 in) long. The fruits are four black fleshy nutlets in each 
flower and are 1.5 to 2 mm (0.06 to 0.8 in) long. This species differs 
from others in this genus in its specialized flower stalk. It differs 
from the closely related Phyllostegia floribunda in often having four 
flowers per group (Hillebrand 1888, HPCC 1993j, Sherff 1935, Wagner et 
al. 1990).
    Until 1993, Phyllostegia knudsenii was only known from the type 
collection made in the 1800s, from the woods of Waimea (HHP 1991a, 
Hillebrand 1888, Sherff 1935, Wagner et al. 1990). In 1993, botanists 
at NTBG rediscovered one individual of this species in Koaie Canyon. 
This species is found in 'ohi'a lowland mesic forest at 865 m (2,840 
ft) elevation. Associated species include olomea, Cyrtandra kauaiensis 
(ulunahele), Cyrtandra paludosa (moa), Elaeocarpus bifidus (kalia), 
Cryptocarya mannii (holio), Doodia kunthiana, Selaginella arbuscula, 
lama, Zanthoxylum dipetalum (a'e), Pittosporum sp.

[[Page 53077]]

(ho'awa), Pouteria sandwicensis ('ala'a), and Pritchardia minor (loulu) 
(HPCC 1993j; S. Perlman, pers. comm. 1994).
    Major threats to Phyllostegia knudsenii include habitat degradation 
by pigs and goats; competition with alien plant species such as pipili, 
Hilo grass, lantana, and air plant; and a risk of extinction from 
naturally occurring events (e.g., landslides) and reduced reproductive 
vigor due to the small number of individuals in the only known 
population (HPCC 1993j).
    Phyllostegia wawrana was described by Sherff (1934) from a 
collection made in the 1800s. Sherff chose the specific epithet to 
honor the collector, Dr. Heinrich Wawra.
    Phyllostegia wawrana, a member of the mint family, is a perennial 
vine that is woody toward the base and has long, crinkly hairs along 
the stem. The leaves are opposite, ovate, and covered with hairs, 
especially along the veins of the lower surface. The leaves are 10.5 to 
20 cm (4.1 to 7.8 in) long and 4 to 11 cm (1.6 to 4.3 in) wide. Flowers 
are borne in groups of four to six along a leafy flower stalk with one 
or two short lateral branches. Each of these lateral branches have a 
pair of leaves at the base. The corolla tube is about 10 mm (0.03 in) 
long, with an upper lip about 2 mm (0.08 in) long. The fruits are four 
greenish-black nutlets in each flower and are about 2 mm (0.8 in) long. 
This species may be related to Phyllostegia floribunda and Phyllostegia 
knudsenii, but has a less specialized flower stalk (Degener 1946, 
Sherff 1934, Wagner et al. 1990).
    Phyllostegia wawrana was reported from Hanalei in the 1800s and was 
last observed along Kokee Stream in 1926, until 1993 when NTBG 
botanists found two populations on State-owned land. Currently there 
are a total of 20-30 individuals in the Makaleha Mountains and five or 
six in Honopu Valley (HHP 1991b1, 1991b2; HPCC 1993k1, 1993k2; Sherff 
1934, 1935; Wagner et al. 1990; D. Ragone, in litt. 1995). This species 
grows in 'ohi'a-dominated forest with either 'olapa or uluhe as 
codominant species. Associated species include Diplazium sandwichianum, 
'ohelo, kanawao, kolea, kopiko, Dubautia knudsenii (na'ena'e), Scaevola 
procera (naupaka kuahiwi), Gunnera sp., Pleomele aurea (hala pepe), 
Claoxylon sandwicense (po'ola), Elaphoglossum sp., 'ala 'ala wai nui, 
manono, hapu'u, 'ama'u, ho'awa, 'uki, and Syzygium sandwicensis ('ohi'a 
ha) (HPCC 1993k1, 1993k2).
    The major threats to Phyllostegia wawrana include degradation of 
habitat by feral pigs and competition with alien plant species such as 
thimbleberry, Passiflora mollissima (banana poka), prickly Florida 
blackberry, Melastoma candidum, fireweed, and daisy fleabane (HPCC 
1993k1, 1993k2).
    St. John described Pritchardia napaliensis based upon a specimen 
collected by Charles Christensen on Kauai in 1976 (St. John 1981). He 
named this plant for the Na Pali Coast of Kauai where it was first 
collected.
    Pritchardia napaliensis, a member of the palm family (Arecaceae), 
is a small palm with about 20 leaves and an open crown. The palm ranges 
from 4 to 6 m (13 to 20 ft) tall and has a slender trunk measuring 18 
to 20 cm (7 to 8 in) in diameter. The green leaf blades are about 85 cm 
(33.5 in) long and are almost flat (irrespective of the longitudinal 
folds). The lower leaf surface is covered with elliptic, pale, thin, 
flexible, and somewhat translucent scales with fringed margins. Upon 
maturity, the leaves are almost smooth and the leaf segments are lax, 
flexible, and droop with increasing age. The flowers are arranged in 
branched clusters about 14 cm (5.5 in) long which are equal or shorter 
in length than the leaf stalks. Each flower is associated with a small, 
bristly bract. Bracts associated with the flowers or flower stalks are 
sparsely and inconspicuously coated with scales which are usually lost 
at maturity. The black fruits are 1.7 to 2.3 cm (0.7 to 0.9 in) long, 
1.4 to 1.8 cm (0.6 to 0.7 in) in diameter, and inversely egg-shaped. 
This species is distinguished from others of the genus that grow on 
Kauai by having about 20 flat leaves with pale scales on the lower 
surface that fall off with age, inflorescences with hairless main axes, 
and globose fruits less than 3 cm (1.2 in) long (Read and Hodel 1990).
    Pritchardia napaliensis is known from three locations on the island 
of Kauai on State-owned land: Hoolulu and Waiahuakua valleys in the 
Hono O Na Pali NAR and Alealau in Kalalau Valley (within or close to 
the boundaries of Hono O Na Pali NAR and Na Pali Coast State Park) (HHP 
1994m1, 1994m2; K. Wood, pers. comm. 1994). This species is not known 
to occur anywhere else (HHP 1994m1, 1994m2). Pritchardia napaliensis 
typically grows in a wide variety of habitats ranging from lowland dry 
to mesic forests to montane wet forests dominated by lama and 
sometimes, kukui, 'ohi'a, and uluhe from 150 to about 1,160 m (500 to 
about 3,800 ft) elevation (HHP 1994m1, 1994m2; HPCC 1990c1, 1990c2, 
1991g; S. Perlman and K. Wood, pers. comms. 1994). The largest 
population in Hoolulu Valley contains between 60 and 80 plants and the 
two other populations each contain hree or fewer plants, giving a total 
of fewer than 90 known individuals for this species (HHP 1994m1, 
1994m2; HPCC 1991g; S. Perlman and K. Wood, pers. comms. 1994). Several 
associated plant species besides those mentioned above include hala 
pepe, kopiko, Cordyline fruticosa (ti), Cheirodendron trigynum 
('olapa), and Ochrosia sp. (holei) (HHP 1994m1, 1994m2; HPCC 1990c1, 
1990c2, 1991g).
    Major threats to Pritchardia napaliensis include habitat 
degradation and/or grazing by goats and pigs; seed predation by rats; 
competition with the alien plants air plant, daisy fleabane, lantana, 
Psidium guajava (common guava), and possibly ti; and a risk of 
extinction from naturally occurring events and/or reduced reproductive 
vigor due to the small number of remaining populations and individuals 
(HPCC 1990c1, 1990c2, 1991g; Donald Hodel, Univ. of California and 
County of Los Angeles Cooperative Extension, in litt. 1995).
    Pritchardia viscosa was first described by Rock in 1921, based on a 
specimen he collected on Kauai a year earlier (Beccari and Rock 1921). 
The specific epithet refers to the very viscous inflorescence, calyx, 
and corolla.
    Pritchardia viscosa, a member of the palm family, is a small palm 3 
to 8 m (10 to 26 ft) tall. The lower surface of the leaf blades is 
silvery grey and covered with small scales. The inflorescences are 
about the same length as the leaf stalks and consist of one to three 
loosely branched panicles, each about 15 to 20 cm (6 to 8 in) long. The 
flowers occur in two opposite rows and are extremely sticky and shiny. 
The elliptic, pear-shaped fruit are up to 4 cm (1.6 in) long and about 
2.5 cm (1 in) wide. This species differs from others of the genus that 
grow on Kauai by the degree of hairiness of lower surface of the leaves 
and main axis of the flower cluster, and length of the flower cluster 
(Read and Hodel 1990).
    Historically, Pritchardia viscosa was known only from the 1920 
collection from Kalihiwai Valley on the island of Kauai (HHP 1994n2). 
It was not seen again until 1990, when naturalist John Obata and NTBG 
botanist Ken Wood observed it in the same general area as Rock's type 
locality off the Powerline Road at 510 m (1,680 ft) elevation on State 
land (HHP 1994n1; Obata, pers. comm. 1991; S. Perlman, pers. comm. 
1994). This population of one juvenile and two mature plants comprise 
the only known extant individuals; three additional plants from this 
population were destroyed by Hurricane 'Iniki in 1992. The plants are 
found in an 'ohi'a-uluhe lowland wet forest associated with plant 
species including 'aiea,

[[Page 53078]]

'ahakea, hame, hapu'u, and kopiko (S. Perlman, pers. comm. 1994).
    Strawberry guava and alien grasses such as Hilo grass are major 
threats to Pritchardia viscosa because these alien plants are effective 
competitors for space, light, nutrients, and water. Rats are known to 
eat the fruit of Pritchardia viscosa and are, therefore, a serious 
threat to the reproductive success of this species (S. Perlman, pers. 
comm. 1994). At least one of the remaining mature trees has been 
damaged by spiked boots used either by a botanist or seed collector to 
scale these trees (Hodel, in litt. 1995; Mehrhoff, in litt. 1994). 
Also, because of the small numbers of individuals in the only known 
population, this species is susceptible to extinction because a single 
naturally occurring event (e.g., a hurricane) could destroy all 
remaining plants.
    In 1895, Heller collected a plant specimen on Kauai that Sherff 
(1943) later named Schiedea helleri in honor of its collector. Listed 
as possibly extinct in the current treatment of the family (Wagner et 
al. 1990), Schiedea helleri was recently collected on Kauai by 
botanists from NTBG (HPCC 1993g).
    Schiedea helleri, a member of the pink family, is a vine. The 
stems, smooth below and minutely hairy above, are probably prostrate 
and at least 0.15 m (0.5 ft) long with internodes at least 4 to 15 cm 
(1.6 to 6 in) long. The opposite leaves are somewhat thick and range 
from 10 to 14 cm (4 to 5.5 in) long and 4.5 to 6 cm (1.8 to 2.4 in) 
wide. The leaves are triangular, egg-shaped to heart-shaped, 
conspicuously three-veined, and nearly hairless to sparsely covered 
with short, fine hairs, especially along the margins. The perfect 
flowers occur in loose, open branched clusters, each branch being 20 to 
26 cm (8 to 10.2 in) long. The flower contains three styles and 
probably ten stamens. The fruits are capsules, about 3 to 3.4 mm (0.12 
to 0.13 in) long. This species differs from others of the genus that 
grow on Kauai by its viney habit (Wagner et al. 1990).
    Schiedea helleri was originally known only from a single location 
above Waimea, at Kaholuamano on the island of Kauai, collected 100 
years ago (HHP 1994o). In 1993, this species was discovered on a steep 
wall above a side stream off Mohihi Stream, approximately 5.6 km (3.5 
mi) north of the original location (HPCC 1993g). The only known 
population consists of 30 to 40 mature individuals found on a steep 
cliff in closed 'ohi'a-uluhe montane wet forest on State-owned land, 
within or close to the Alakai Wilderness Preserve, at approximately 
1,070 m (3,500 ft) elevation (HPCC 1993g; S. Perlman, pers. comm. 
1994). Other native plants growing in association with this population 
include hapu'u, kanawao, 'olapa, Cyanea hirtella (haha), Dianella 
sandwicensis ('uki'uki), and Viola wailenalenae (HPCC 1993g). The 
federally endangered Poa sandvicensis is also found here (M. Bruegmann, 
in litt. 1994).
    Competition with the noxious alien plant prickly Florida blackberry 
and a risk of extinction from naturally occurring events and/or reduced 
reproductive vigor, due to the small number of extant individuals in 
the only known population, are serious threats to Schiedea helleri 
(HPCC 1993g). Pigs have not yet been reported from this drainage, but 
pose a potential threat since they are found in nearby areas (M. 
Bruegmann, in litt. 1994).
    Robert Hobdy collected a specimen of Schiedea membranacea on Kauai 
in 1969. St. John (1972) later described and named the taxon. The 
specific epithet refers to the membranous texture of the leaves.
    Schiedea membranacea, a member of the pink family, is a perennial 
herb. The unbranched, fleshy stems rise upwards from near the base and 
are somewhat sprawling. They are 0.5 to 1 m (1.6 to 3.3 ft) long with 
internodes 6 to 12 cm (2.4 to 4.7 in) long. During dry seasons, the 
plant dies back to a woody, short stem at or beneath the ground 
surface. The oppositely arranged leaves, 13 to 20 cm (5 to 8 in) long 
and 5 to 8 cm (2 to 3.2 in) wide, are broadly elliptic to egg-shaped, 
generally thin, have five to seven longitudinal veins, and are sparsely 
covered with short, fine hairs. The perfect flowers have no petals, are 
numerous, and occur in large branched clusters. The inflorescences are 
about 25 to 27 cm (10 to 10.6 in) long. The purple, lance-shaped sepals 
are about 2 mm (0.08 in) long and have thin, dry, membranous margins. 
The flowers contain three to five styles and probably ten stamens. The 
capsular fruits, 2.5 to 3 mm (0.1 to 0.12 in) long, are purple at the 
apex. This species differs from others of the genus that grow on Kauai 
by having five- to seven-nerved leaves and an herbaceous habit (Wagner 
et al. 1990).
    Schiedea membranacea is known from six current populations on the 
western side of the island of Kauai: Mahanaloa-Kuia, Paaiki, Kalalau, 
Nualolo, Wainiha and Waialae valleys on State (including Kuia NAR and 
Na Pali Coast State Park) and privately owned land (HHP 1994p1 to 
1994p3; Wood and Perlman 1993a; S. Perlman and K. Wood, pers. comms. 
1994). This species is not known to have occurred at any other 
locations. Although the number of plants of this species remaining in 
Paaiki Valley is not known, about 200 to 250 individuals are known in 
the other five populations (HHP 1994p1 to 1994p3; S. Perlman and K. 
Wood, pers. comms. 1994). This species is typically found on cliffs and 
cliff bases in a wide variety of mesic to wet habitats between 520 and 
1,160 m (1,700 and 3,800 ft) elevation. The vegetation ranges from open 
to closed lowland to montane shrubland to forest communities with 
either a variety of canopy and understory species or dominated by 
kukui, mamaki, or 'ohi'a (HHP 1994p1 to 1994p3; HPCC 1990d1 to 1990d3, 
1991h, 1993h; S. Perlman, pers. comm. 1994).
    Habitat degradation by feral ungulates (mule deer, goats, and 
pigs); competition with the alien plant species daisy fleabane, 
lantana, prickly Florida blackberry, thimbleberry, strawberry guava, 
Ageratina adenophora (Maui pamakani), A. riparia (Hamakua pamakani), 
and banana poka; and landslides are the primary threats to Schiedea 
membranacea (CPC 1990; HPCC 1990d1 to 1990d3, 1991h, 1993h; Wood and 
Perlman 1993a; M. Bruegmann, in litt. 1994; S. Perlman, pers. comm. 
1994).
    Mann and Brigham first collected a specimen of Schiedea 
stellarioides in the mountains of Kauai between 1864 and 1865. Benedict 
Hochreutiner (1925) and Sherff (1943, 1945, 1954) described several 
varieties of this species, characterized only by slight differences in 
leaf shape and size, that are not recognized in the current treatment 
of the family (Wagner et al. 1990).
    Schiedea stellarioides, a member of the pink family, is a slightly 
erect to prostrate subshrub 0.3 to 0.6 m (1 to 2 ft) tall with branched 
stems and internodes generally 3.5 to 6.5 cm (1.4 to 2.5 in) long. The 
opposite leaves are very slender to oblong-elliptic, 2.7 to 8.2 cm (1.1 
to 3.2 in) long, 0.2 to 1.3 cm (0.1 to 0.5 in) wide, and one-veined. 
The perfect flowers lack petals and occur in open branched clusters. 
The inflorescence ranges from 15 to 32 cm (6 to 12.6 in) long. The 
flower stalks are 7 to 10 mm (0.28 to 0.4 in) long and the narrowly 
egg-shaped sepals are 2.9 to 3.3 mm (0.11 to 0.13 in) long. The flowers 
contain ten stamens, three styles, and a two-lobed nectary. The 
capsular fruits are 2.2 to 3.4 mm (0.09 to 0.13 in) long and contain 
tiny, dark brown, circular to kidney-shaped, slightly wrinkled seeds. 
This species is distinguished from others of the genus that grow on 
Kauai by the number of veins in the leaves, shape of the leaves, 
presence of a leaf stalk, length of the

[[Page 53079]]

flower cluster, and shape of the seeds (Wagner et al. 1990).
    Historically, Schiedea stellarioides was known from the sea cliffs 
of Hanakapiai Beach, Kaholuamano-Opaewela region, the ridge between 
Waialae and Nawaimaka valleys, and Haupu Range on the island of Kauai 
(HHP 1994q1 to 1994q3). This species is now known only from the ridge 
between Waialae and Nawaimaka valleys on State land, just 0.8 km (0.5 
mi) northwest of the Kaholuamano-Opaewela region (HHP 1994q4). This 
population of approximately 500 to 1,000 individuals is found on steep 
slopes in a closed koa-'ohi'a lowland to montane mesic forest between 
610 and 1,120 m (2,000 and 3,680 ft) elevation (HHP 1994q4, HPCC 
1993i). The plants are scattered in an approximately 2 km (1.25 mi) by 
0.3 km (0.2 mi) area. Associated plant species include 'a'ali'i, alani, 
'uki'uki, Bidens cosmoides (po'ola nui), Mariscus sp., and Styphelia 
tameiameiae (pukiawe) (HHP 1994q4).
    The primary threats to this species include habitat degradation by 
feral ungulates (pigs and goats), direct destruction of plants by 
goats, competition with the alien plants molasses grass and prickly 
Florida blackberry, and a risk of extinction of the one remaining 
population from naturally occurring events (HPCC 1993i; S. Perlman, 
pers. comm. 1994).
    Forbes collected a specimen of Viola kauaensis var. wahiawaensis on 
Kauai in 1909. In 1920, he described the variety, naming it for Wahiawa 
Bog where it was first collected.
    Viola kauaensis var. wahiawaensis, a member of the violet family 
(Violaceae), is a perennial herb with upward curving or weakly rising, 
hairless, lateral stems about 10 to 50 cm (4 to 20 in) long. The 
kidney- to heart-shaped leaves are usually 2 to 5 cm (0.8 to 2 in) long 
and 3.5 to 6 cm (1.4 to 2.4 in) wide, and widely spaced. The toothed 
leaf blades are unlobed or rarely three-lobed, hairless or covered with 
a few minute hairs, with a broadly wedge-shaped base. The solitary 
flowers are borne in the leaf axils. Two types of flowers are present. 
One is self-pollinating and does not open, while the other opens and 
requires cross-pollination. The flowers that open have hairless petals 
which are white on the upper surface and purple or blue to white on the 
lower surface. These petals are narrowly spatula-shaped, the upper 
petals measuring about 15 to 19 mm (0.6 to 0.7 in) long, the lateral 
ones about 18 to 23 mm (0.7 to 0.9 in) long, and the lower ones about 
18 to 23 mm (0.7 to 1 in) long. The non-opening flowers usually occur 
on short lateral stems. Their greenish petals are hairless, the upper 
ones being three-lobed and about 1 to 1.6 mm (0.04 to 0.06 in) long. 
The fruit is a deeply lobed capsule 8 to 13 mm (0.3 to 0.5 in) long. 
Two varieties of this species are recognized, both occurring on Kauai: 
var. kauaensis and var. wahiawaensis. Variety wahiawaensis is 
distinguished by having broadly wedge-shaped leaf bases, whereas var. 
kauaensis has heart-shaped to truncate leaf bases. The species is 
distinguished from others of the genus by its non-woody habit, widely 
spaced leaves, and by having two types of flowers: conspicuous, open 
flowers and smaller, unopened flowers (Wagner et al. 1990).
    Viola kauaensis var. wahiawaensis is known only from the Wahiawa 
Mountains of Kauai on privately owned land (HHP 1994r, Lorence and 
Flynn 1991). This taxon is not known to have occurred beyond its 
current range. Fewer than 100 individuals are known to remain in 
Kanaele Swamp (often referred to as Wahiawa Bog), an open bog 
surrounded by low scrub of 'ohi'a, uluhe, and 'ohi'a ha at about 640 m 
(2,100 ft) elevation. Another eight plants are on a nearby ridge 
between Mount Kapalaoa and Mount Kahili in wet shrubland dominated by 
uluhe-Diplopterygium pinnatum ground cover, with scattered 'ohi'a and 
Syzygium sp., at about 865 m (2,840 ft) elevation (HHP 1994r; Lorence 
and Flynn 1991; K. Wood, pers. comm. 1994).
    The primary threats to Viola kauaensis var. wahiawaensis are a risk 
of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of existing populations and 
individuals, habitat degradation through the rooting activities of 
feral pigs, and competition with alien plants such as Juncus 
planifolius and Pterolepis glomerata (HHP 1994r; Lorence and Flynn 
1991; K. Wood, pers. comm.1994).

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act (16 U.S.C. 1533), 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, Hibiscus 
waimeae ssp. hannerae (as H. waimeae), Kokia kauaiensis, Myrsine 
linearifolia (as Myrsine linearifolia var. linearifolia), Phyllostegia 
knudsenii, and Viola kauaensis var. wahiawaensis were considered to be 
endangered. Delissea rivularis and Schiedea membranacea were considered 
to be threatened. On July 1, 1975, the Service published a notice in 
the Federal Register (40 FR 27823) of its acceptance of the Smithsonian 
report as a petition within the context of section 4(c)(2) (now section 
4(b)(3)) of the Act, and giving notice of its intention to review the 
status of the plant taxa named therein. As a result of that review, on 
June 16, 1976, the Service published a proposed rule in the Federal 
Register (41 FR 24523) to determine endangered status pursuant to 
section 4 of the Act for approximately 1,700 vascular plant species, 
including all of the above taxa considered to be endangered. The list 
of 1,700 plant taxa was assembled on the basis of comments and data 
received by the Smithsonian Institution and the Service in response to 
House Document No. 94-51 and the July 1, 1975, Federal Register 
publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
two years old be withdrawn. A one-year grace period was given to 
proposals already over two years old. On December 10, 1979, the Service 
published a notice in the Federal Register (44 FR 70796) withdrawing 
the portion of the June 16, 1976, proposal that had not been made 
final, along with four other proposals that had expired. The Service 
published an updated notice of review for plants on December 15, 1980 
(45 FR 82479), September 27, 1985 (50 FR 39525), February 21, 1990 (55 
FR 6183), and September 30, 1993 (58 FR 51144). Fourteen of the species 
in this proposal (including synonymous taxa) were at one time or 
another considered either category 1 or category 2 candidates for 
Federal listing. Category 1 species were those for which the Service 
had on file substantial information on biological vulnerability and 
threats to support preparation of listing proposals but for which 
listing proposals were not published because they were precluded by 
other listing activities. Category 2 species were those for which 
listing as endangered or threatened was possibly appropriate, but for 
which sufficient data on biological vulnerability and threats was not 
currently available. Schiedea membranacea and Kokia kauaiensis were 
considered category 2 species in all notices of review prior to the 
February 28, 1996, Federal Register notice which discontinued the 
designation of categories for candidate species. In the 1980 and 1985 
notices,

[[Page 53080]]

Myrsine linearifolia (as M. linearifolia var. linearifolia), 
Phyllostegia knudsenii, and Viola kauaensis var. wahiawaensis were 
considered category 1 species. In the 1990 and 1993 notices, Myrsine 
linearifolia and Viola kauaensis var. wahiawaensis were moved to 
category 2 status. Phyllostegia knudsenii was considered category 3A in 
the 1990 notice. Category 3A species were those for which the Service 
has persuasive evidence of extinction. Delissea rivularis was 
considered a category 2 species in the 1980 and 1985 notices, but was 
believed to be extinct and considered category 3A in the 1990 notice. 
In the 1985 notice, Alsinidendron viscosum, Schiedea helleri, and 
Schiedea stellarioides were considered category 1*, and were moved to 
category 3A in the 1990 notice. Category 1* species were those which 
were possibly extinct. Cyanea recta and Phyllostegia wawrana were 
considered category 3A species in the 1990 notice. Because new 
information indicates their current existence and provides support for 
listing, the above seven taxa have been included in this final rule. 
Hibiscus waimeae ssp. hannerae (as H. waimeae) was considered category 
3C in the 1980 and 1985 notices. Category 3C species were those proven 
to be more abundant or widespread than previously believed and/or were 
not subject to any identifiable threat. In the 1990 and 1993 notices, 
this subspecies was considered a category 2 species, along with 
Pritchardia napaliensis and Pritchardia viscosa. Alsinidendron 
lychnoides and Cyrtandra cyaneoides were considered category 2 species 
in the 1993 notice. Current information suggests that the numbers and 
distribution are sufficiently restricted and threats sufficient for the 
above nine species, as well as Cyanea remyi and the recently discovered 
Hibiscadelphus woodii, to warrant listing. Seventeen of the taxa were 
considered proposed endangered and Cyanea recta and Myrsine 
linearifolia proposed threatened in the 1996 notice, since the proposed 
listing rule had already been published.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on petitions that present substantial information indicating 
that the petitioned action may be warranted within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further 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 annually in October of 1984 
through 1993. Publication of the proposed rule constituted the final 
12-month finding for these taxa.
    On September 25, 1995, the Service published in the Federal 
Register (60 FR 49359) a proposal to list 17 plant taxa as endangered 
and 2 plant taxa as threatened, from the island of Kauai. This proposal 
was based primarily on information supplied by the Hawaii Heritage 
Program, National Tropical Botanical Garden, and observations of 
botanists and naturalists. Based on comments received in response to 
the proposal (see Comments and Recommendations, below), the Service now 
determines 17 taxa to be endangered and 2 taxa to be threatened, from 
the island of Kauai, with the publication of this rule.

Summary of Comments and Recommendations

    In the September 25, 1995, 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 Nov. 24, 1995. 
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 ``Kauai Times'' on October 18, 1995, which invited 
general public comment. Four letters of comment were received. No 
requests for public hearings were received. Three letters supported the 
listing of these taxa from Kauai and two of these letters provided 
additional biological information for four taxa. This information has 
been incorporated into this final rule. One letter suggested listing 
Pritchardia napaliensis as threatened rather than endangered based on 
observations made over 20 years ago. However, current distribution, 
population, and threat information supports the designation of 
endangered status for Pritchardia napaliensis.
    The Service also solicited the expert opinions of three appropriate 
and independent specialists regarding pertinent scientific or 
commercial data and assumptions relating to the taxonomy, population 
models, and supportive biological and ecological information for these 
19 species. No responses were received.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Alsinidendron lychnoides 
(Hillebr.) Sherff (kuawawaenohu), Alsinidendron viscosum (Mann) Sherff 
(NCN), Cyanea remyi Rock (haha), Cyrtandra cyaneoides Rock (mapele), 
Delissea rivularis (Rock) Wimmer ('oha), Hibiscadelphus woodii Lorence 
and Wagner (hau kuahiwi), Hibiscus waimeae ssp. hannerae Heller (koki'o 
ke'oke'o), Kokia kauaiensis (Rock) Degener & Duvel (koki'o), Labordia 
tinifolia var. wahiawaensis St. John (kamakahala), Phyllostegia 
knudsenii Hillebr. (NCN), Phyllostegia wawrana Sherff (NCN), 
Pritchardia napaliensis St. John (loulu), Pritchardia viscosa Rock 
(loulu), Schiedea helleri Sherff (NCN), Schiedea membranacea St. John 
(NCN), Schiedea stellarioides Mann (laulihilihi), Viola kauaensis var. 
wahiawaensis Forbes (nani wai'ale'ale) should be classified as 
endangered species and that Cyanea recta (Wawra) Hillebr. (haha) and 
Myrsine linearifolia Hosaka (kolea) should be classified as threatened 
species.
    Section 4 of the Endangered Species Act and regulations (50 CFR 
part 424) promulgated to implement the listing provisions of the Act 
set forth the procedures for adding species to the Federal lists. A 
species may be determined to be an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1). The 
threats facing these 19 taxa are summarized in Table 1.

[[Page 53081]]



                                                              Table 1.--Summary of Threats                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Alien mammals                           Substrate                                                  
               Species               --------------------------------------------   Alien      loss/      Human        Limited              Other       
                                         Deer      Goats       Pigs       Rats      plants   hurricane   impacts       numbers*                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alsinidendron lychnoides ...........                               X                     X          X          X   X1,3             ....................
Alsinidendron viscosum..............                    X          X                     X          X          P   X1,3             ....................
Cyanea recta........................                    X          X          X          X          X          P   ...............  ....................
Cyanea remyi........................                    X          X          X          X                         X1               Slugs.              
Cyrtandra cyaneoides................                               P          P          X          X              X1               ....................
Delissea rivularis..................                               X          P          X          X              X1,3             ....................
Hibiscadelphus woodii...............                    X          X                     X          X              X1,2             White-eye.          
Hibiscus waimeae ssp. hannerae......                               X                     X          X              X1               ....................
Kokia kauaiensis....................         X          X                     X          X          X              X1               ....................
Labordia tinifolia var.                                            X                     X          X          X   X1,3             ....................
 wahiawaensis.                                                                                                                                          
Myrsine linearifolia................                    X          X                     X                         ...............  ....................
Phyllostegia knudsenii..............                    X          X                     X          X              X1,2             ....................
Phyllostegia wawrana................                               X                     X                         X1,3             ....................
Pritchardia napaliensis.............                    X          X          X          X                         X1,3             ....................
Pritchardia viscosa.................                                          X          X          X          X   X1,2             ....................
Schiedea helleri....................                               P                     X                     P   X1,3             ....................
Schiedea membranacea................         X          X          X                     X          X              ...............  ....................
Schiedea stellarioides..............                    X          X                     X                         X1               ....................
Viola kauaensis var. wahiawaensis...                               X                     X                         X1,3             ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
KEY                                                                                                                                                     
X=Immediate and significant threat.                                                                                                                     
P=Potential threat.                                                                                                                                     
*=No more than 100 individuals and/or no more than 5 populations.                                                                                       
1=No more than 5 populations.                                                                                                                           
2=No more than 10 individuals.                                                                                                                          
3=No more than 100 individuals.                                                                                                                         

    These factors and their application to the 19 plant taxa in this 
rule are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The habitats of the plants 
included in this final rule have undergone extreme alteration because 
of past and present land management practices, including deliberate 
alien animal and plant introductions, agricultural development, and 
recreational use. Natural disturbances such as storms and landslides 
also destroy habitat and can have a significant effect on small 
populations of plants. Destruction and modification of habitat by 
introduced animals and competition with alien plants are the primary 
threats facing these 19 taxa (See Table 1).
    When Polynesian immigrants settled in the Hawaiian Islands, they 
brought with them water-control and slash-and-burn systems of 
agriculture and encouraged plants that they introduced to grow in 
valleys. Their use of the land resulted in erosion, changes in the 
composition of native communities, and a reduction of biodiversity 
(Cuddihy and Stone 1990, HHP 1990b, Kirch 1982, Wagner et al. 1985). 
Hawaiians settled and altered many areas of Kauai including areas in 
which some of the taxa in this final rule grew (Department of Land and 
Natural Resources (DLNR) 1981a; HHP 1990a, 1990b). Many forested slopes 
were denuded in the mid-1800s to supply firewood to whaling ships, 
plantations, and island residents. Native plants were undoubtedly 
affected by this practice. Also, sandalwood and tree fern harvesting 
occurred in many areas, changing forest composition and affecting 
native species (Cuddihy and Stone 1990).
    Beginning with Captain James Cook in 1792, early European explorers 
introduced livestock, which became feral, increased in number and 
range, and caused significant changes to the natural environment of 
Hawaii. The 1848 provision for land sales to individuals allowed large-
scale agricultural and ranching ventures to begin. So much land was 
cleared for these enterprises that climatic conditions began to change, 
and the amount and distribution of rainfall were altered (Wenkam 1969). 
Plantation owners supported reforestation programs which resulted in 
many alien trees being introduced in the hope that the watershed could 
be conserved. Beginning in the 1920s, water collection and diversion 
systems were constructed in upland areas to irrigate lowland fields, 
and this undoubtedly destroyed individuals and populations of native 
plants. The irrigation system also opened new routes for the invasion 
of alien plants and animals into native forests (Cuddihy and Stone 
1990, Culliney 1988, Wagner et al. 1990, Wenkam 1969).
    Past and present activities of introduced alien mammals are the 
primary factor altering and degrading vegetation and habitats on Kauai. 
Feral ungulates trample and eat native vegetation and disturb and open 
areas. This causes erosion and allows the entry of alien plant species 
(Cuddihy and Stone 1990, Wagner et al. 1990). Sixteen taxa in this 
final rule are directly threatened by habitat degradation resulting 
from introduced ungulates: 15 taxa are threatened by pigs, ten by 
goats, and two by deer.
    The pig (Sus scrofa) is originally native to Europe, northern 
Africa, Asia Minor, and Asia. European pigs, introduced to Hawaii by 
Captain James Cook in 1778, became feral and invaded forested areas, 
especially wet and mesic forests and dry areas at high elevations. They 
are currently present on Kauai and four other islands, and inhabit rain 
forests and grasslands. Pig hunting is allowed on all islands either 
year-round or during certain months, depending on the area (DLNR n.d.-
a, n.d.-b, n.d.-c, 1990). While rooting in the ground in search of the 
invertebrates and plant material they eat, feral pigs disturb and 
destroy vegetative cover, trample plants and seedlings, and threaten 
forest regeneration by damaging seeds and seedlings. They disturb soil 
and cause erosion, especially on slopes. Alien

[[Page 53082]]

plant seeds are dispersed on their hooves and coats as well as through 
their digestive tracts, and the disturbed soil is fertilized by their 
feces, helping these plants to establish. Pigs are a major vector in 
the spread of banana poka and strawberry guava, and enhance populations 
of common guava, Hamakua pamakani, Maui pamakani, and prickly Florida 
blackberry, all of which threaten one or more of the taxa (Cuddihy and 
Stone 1990, Medeiros et al. 1986, Scott et al. 1986, Smith 1985, Stone 
1985, Tomich 1986, Wagner et al. 1990).
    Feral pigs pose an immediate threat to one or more populations of 
15 of the taxa in this final rule. All known populations of the 
following taxa are threatened by feral pigs: Alsinidendron viscosum, 
Delissea rivularis, Hibiscadelphus woodii, Hibiscus waimeae ssp. 
hannerae, Labordia tinifolia var. wahiawaensis, Phyllostegia knudsenii, 
Phyllostegia wawrana, and Schiedea stellarioides. Populations of other 
taxa threatened by feral pigs are: the Alakai Wilderness and Keanapuka 
populations of Alsinidendron lychnoides; the Makaleha Mountains 
population of Cyanea recta; the Makaleha Mountains and Wahiawa 
Mountains populations of Cyanea remyi; the Wahiawa Mountains population 
of Myrsine linearifolia; the Kalalau Valley population of Pritchardia 
napaliensis; three of the six populations of Schiedea membranacea at 
Kalalau Valley, Nualolo, and Waialae Valley; and the Wahiawa Mountains 
population of Viola kauaensis var. wahiawaensis. Pigs also constitute a 
potential threat to the only known population of Schiedea helleri off 
Mohihi Stream, the Pohakuao and Kalalau cliffs populations of Myrsine 
linearifolia, and the Wainiha Valley populations of Cyanea recta and 
Cyrtandra cyaneoides. Habitat degradation reported to occur in areas 
near these populations, if not controlled, may become a problem for 
these populations (HHP 1990a, 1992, 1994b7, 1994i1, 1994i3; HPCC 1990a, 
1991a2, 1991d, 1991f1, 1991f3, 1991f4, 1992a, 1993a1, 1993c1, 1993e, 
1993j, 1993k1, 1993k2; Lorence and Flynn 1991, 1993b; Wood and Perlman 
1993a; M. Bruegmann, in litt. 1994; T. Flynn, J. Lau, D. Lorence, S. 
Perlman, and K. Wood, pers. comms. 1994).
    The goat (Capra hircus), a species originally native to the Middle 
East and India, was successfully introduced to the Hawaiian Islands in 
1792. Currently populations exist on Kauai and four other islands. On 
Kauai, feral goats have been present in drier, more rugged areas since 
the 1820s and they still occur in Waimea Canyon and along the Na Pali 
Coast, as well as in the drier perimeter of Alakai Swamp and even in 
its wetter areas during periods with low rainfall. Goats are managed in 
Hawaii as a game animal, but many herds populate inaccessible areas 
where hunting has little effect on their numbers (HHP 1990c). Goat 
hunting is allowed year-round or during certain months, depending on 
the area (DLNR n.d.-a, n.d.-b, n.d.-c, 1990). Goats browse on 
introduced grasses and native plants, especially in drier and more open 
ecosystems. Feral goats eat native vegetation, 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 (Clarke and Cuddihy 1980, Cuddihy and Stone 1990, 
Culliney 1988, Scott et al. 1986, Tomich 1986, van Riper and van Riper 
1982).
    Although many of the plants in this final rule survive on steep 
cliffs inaccessible to goats, the original range of these plants was 
probably much larger. These species are now vulnerable to the long-
term, indirect effects of goats, such as large-scale erosion (Corn et 
al. 1979). The habitats of many of the 19 plants were damaged in the 
past by goats, and these effects are still apparent in the form of 
alien vegetation and erosion. One or more populations of ten of the 
taxa in this final rule are currently threatened by direct damage from 
feral goats, such as trampling of plants and seedlings and erosion of 
substrate (Clarke and Cuddihy 1980, Culliney 1988, Scott et al. 1986, 
van Riper and van Riper 1982).
    The only known populations of Hibiscadelphus woodii, Phyllostegia 
knudsenii, and Schiedea stellarioides are threatened by goats. 
Populations of other taxa threatened by goats include: the Waialae and 
Nawaimaka Valley populations of Alsinidendron viscosum, the Makaleha 
Mountains populations of Cyanea recta and Cyanea remyi, four of the 
five populations (Kalalau Valley, Koaie Stream, Mahanaloa Valley, and 
Pohakuao Valley) of Kokia kauaiensis, the Kalalau cliffs and Namolokama 
Summit plateau populations of Myrsine linearifolia, the largest 
population of Pritchardia napaliensis at Hoolulu Valley, and three of 
the six populations (Kalalau Valley, Mahanaloa-Kuia Valley, and Waialae 
Valley) of Schiedea membranacea (HHP 1994j5, 1994j6; HPCC 1990b3, 
1990c2, 1991f5, 1991h, 1993a1, 1993a2, 1993f, 1993i; Lorence and Flynn 
1993b; Wood and Perlman 1993a; J. Lau, D. Lorence, S. Perlman, K. Wood, 
pers. comms. 1994).
    Individuals of mule deer (Odocoileus hemionus), native from western 
North America to central Mexico, were brought to Kauai from Oregon in 
the 1960s for game hunting and have not been introduced to any other 
Hawaiian island. Mule deer were introduced, in part, to provide another 
animal for hunting, since the State had planned to reduce the number of 
goats on Kauai because they were so destructive to the landscape 
(Kramer 1971). About 400 animals are known in and near Waimea Canyon, 
with some invasion into Alakai Swamp in drier periods. Mule deer, 
legally hunted during only one month each year, trample native 
vegetation and cause erosion by creating trails and removing vegetation 
(Cuddihy and Stone 1990, DLNR 1985, Tomich 1986). They are a threat to 
the Mahanaloa-Kuia Valley and Nualolo populations of Schiedea 
membranacea and the Paaiki and Kuia Valley populations of Kokia 
kauaiensis (M. Bruegmann, in litt. 1994; S. Perlman, pers. comm. 1994).
    Substrate loss due to agriculture, grazing animals (especially 
goats), hikers, and vegetation change results in habitat degradation 
and loss. This particularly affects plant populations on cliffs or 
steep slopes, such as the Koaie Stream population of Kokia kauaiensis 
(HHP 1994j6).
    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 are potential threats to all of the taxa, but 
especially to Hibiscadelphus woodii, Phyllostegia knudsenii, and 
Pritchardia viscosa, each of which has only one or two populations and 
fewer than five individuals. Collection of whole plants or reproductive 
parts of any of these three species could adversely impact the gene 
pool and threaten the survival of the species. Some taxa, such as 
Alsinidendron lychnoides, Alsinidendron viscosum, Cyanea recta, 
Labordia tinifolia var. wahiawaensis, Pritchardia viscosa, and Schiedea 
helleri have populations close to trails or roads and are thus easily 
accessible to collectors and, therefore, are potentially threatened by 
overcollection (Flynn and Lorence 1992; HHP 1994b1, 1994d8, 1994h1, 
1994n1; HPCC 1991e2, 1993g; T. Flynn, pers. comm. 1994). At least one 
of the three remaining Pritchardia viscosa individuals has been damaged 
by spiked boots used to scale those trees and collect seeds and/or 
reference material (Hodel, in litt. 1995; Mehrhoff, in litt. 1994).
    Many of the plants in this final rule occur in recreational areas 
used for hiking, camping, and hunting. Tourism is a growing industry in 
Hawaii, and as

[[Page 53083]]

more people seek recreational activities, more human contact with rare 
native plants is likely. People can transport or introduce alien plants 
through seeds on their footwear, cause erosion, trample plants, and 
start fires (Corn et al. 1979). Alsinidendron lychnoides and Labordia 
tinifolia var. wahiawaensis have populations near trails and are 
considered to be immediately threatened by recreational use of the 
areas in which they occur (HHP 1994b1; HPCC 1991e2, 1992a).
    C. Disease or predation. Browsing damage by goats has been verified 
for Cyanea recta and Cyanea remyi (Lorence and Flynn 1993b). Goats have 
directly destroyed individuals of Schiedea stellarioides (S. Perlman, 
pers. comm. 1994). The remaining species are not known to be 
unpalatable to goats or deer and, therefore, predation is a probable 
threat where those animals have been reported, potentially affecting 
eight additional taxa: Alsinidendron viscosum, Hibiscadelphus woodii, 
Kokia kauaiensis, Myrsine linearifolia, Phyllostegia knudsenii, 
Pritchardia napaliensis, Schiedea membranacea, and Schiedea 
stellarioides (HHP 1994j5, 1994j6; HPCC 1990b3, 1990c2, 1991f5, 1991h, 
1993a1, 1993f, 1993i, 1993j; Wood and Perlman 1993a; J. Lau, D. 
Lorence, S. Perlman, K. Wood, pers. comms. 1994). The lack of seedlings 
of many of the taxa and the occurrence of individuals of several taxa 
only on inaccessible cliffs may indicate that browsing mammals, 
especially goats, have restricted the distribution of these plants 
(HPCC 1991c; Wood and Perlman 1993a; D. Lorence and K. Wood, pers. 
comms. 1994).
    Of the four species of rodents that have been introduced to the 
Hawaiian Islands, the species with the greatest impact on the native 
flora and fauna is probably Rattus rattus (black or roof rat), that now 
occurs on all the main Hawaiian Islands around human habitations, 
cultivated fields, and forests. Black rats and to a lesser extent Mus 
musculus (house mouse), Rattus exulans (Polynesian rat), and R. 
norvegicus (Norway rat) eat the fruits of some native plants, 
especially those with large, fleshy fruits. Many native Hawaiian plants 
produce fruit over an extended period of time, thus producing a 
prolonged food supply for rodent populations. Black rats strip bark 
from some native plants, and eat the fleshy stems and fruits of plants 
in the bellflower and African violet families (Cuddihy and Stone 1990; 
Tomich 1986; J. Lau, pers. comm. 1994). Rat damage to the stems of 
species of Cyanea has been reported in the Makaleha Mountains, Waioli 
Valley, and at the base of Mount Waialeale, and poses a threat to the 
populations of Cyanea recta and Cyanea remyi that occur there (HPCC 
1991a1; Lorence and Flynn 1993a; L. Mehrhoff, in litt. 1994; S. 
Perlman, pers. comm. 1994). It is probable that rats eat the fruits of 
species such as Cyrtandra cyaneoides and Delissea rivularis (C. 
Russell, in litt. 1994). Rats threaten the only known population of 
Pritchardia viscosa, two of three populations of Pritchardia 
napaliensis, and one population of Kokia kauaiensis by predation of 
their flowers or fruit (HPCC 1990b1, 1990c2; S. Perlman and K. Wood, 
pers. comms. 1994).
    Little is known about the predation of certain rare Hawaiian plants 
by slugs. Indiscriminate predation by slugs on plant parts of Cyanea 
remyi has been observed by field botanists (Mehrhoff, in litt. 1994; S. 
Perlman, pers. comm. 1994). The effect of slugs on the decline of this 
and related species is unclear, although slugs may pose a threat by 
feeding on the stems and fruit, thereby, reducing the vigor of the 
plants and limiting regeneration.
    Japanese white-eye (Zosterops japonicus) was introduced to the 
island of Oahu from eastern Asia in 1930, and has since spread to all 
of the main Hawaiian Islands. It is currently the most abundant bird in 
Hawaii (Pratt et al. 1989). Japanese white-eye has been observed 
piercing the corollas of Hibiscadelphus woodii, presumably to rob 
nectar (Lorence and Wagner 1995).
    D. The inadequacy of existing regulatory mechanisms. Hawaii's 
Endangered Species Act states--``Any species of aquatic life, wildlife, 
or land plant that has been determined to be an endangered species 
pursuant to the [Federal] Endangered Species Act shall be deemed to be 
an endangered species under the provisions of this chapter . . .'' 
(Hawaii Revised Statutes (HRS), sect. 195D-4(a)). Therefore, Federal 
listing will automatically invoke listing under Hawaii State law, which 
prohibits taking of listed plants in the State and encourages 
conservation by State agencies (HRS, sect. 195D-4 and 5).
    None of the 19 taxa in this final rule are listed by the State. 
Eight taxa have populations on privately owned land. Labordia tinifolia 
var. wahiawaensis and Viola kauaensis var. wahiawaensis are found 
exclusively on private land. At least one population of each of the 
other 17 taxa occurs on State land. Fourteen taxa have one or more 
populations in State parks, NARs, or the Alakai Wilderness Preserve, 
which have rules and regulations for the protection of resources (DLNR 
1981b; HRS, sects. 183D-4, 184-5, 195-5, and 195-8). The opportunity 
for improved enforcement of these rules and regulations would result 
from Federal listing.
    One or more populations of each of the 19 taxa is located on land 
classified within conservation districts and owned by the State of 
Hawaii or private companies or individuals. Regardless of the owner, 
lands in these districts, among other purposes, are regarded as 
necessary for the protection of endemic biological resources and the 
maintenance or enhancement of the conservation of natural resources 
(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 State laws. Requests for amendments 
to district boundaries or variances within existing classifications can 
be made by government agencies and private landowners (HRS, sect. 205-
4). Before decisions about these requests are made, the impact of the 
proposed reclassification on ``preservation or maintenance of important 
natural systems or habitat'' (HRS, sects. 205-4, 205-17) as well as the 
maintenance of natural resources is required to be taken into account 
(HRS, sects. 205-2, 205-4). Before any proposed land use that will 
occur on State land, is funded in part or whole by county or State 
funds, or will occur within land classified as conservation district, 
an environmental assessment is required to determine whether or not the 
environment will be significantly affected (HRS, chapt. 343). If it is 
found that an action will have a significant effect, preparation of a 
full Environmental Impact Statement is required. Hawaii environmental 
policy, and thus approval of land use, is required by law to safeguard 
``* * *  the State's unique natural environmental characteristics * * 
*'' (HRS, sect. 344-3(1)) and includes guidelines to ``protect 
endangered species of individual plants and animals * * *'' (HRS, sect. 
344-4(3)(A)). Federal listing, because it automatically invokes State 
listing, also implements these other State regulations protecting the 
plants.
    State laws relating to the conservation of biological resources 
allow for the acquisition of land as well as the development and 
implementation of programs concerning the conservation of biological 
resources (HRS, sect. 195D-5(a)). The State also may enter into 
agreements with Federal agencies to administer and manage any area 
required for the conservation, management, enhancement, or protection 
of endangered species (HRS, sect. 195D-5(c)). Funds for these

[[Page 53084]]

activities could be made available under section 6 of the Act (State 
Cooperative Agreements). The Hawaii DLNR is mandated to initiate 
changes in conservation district boundaries to include ``the habitat of 
rare native species of flora and fauna within the conservation 
district'' (HRS, sect. 195D-5.1).
    Twelve of the taxa in this final rule are threatened by seven 
plants considered by the State of Hawaii to be noxious weeds. The State 
has provisions and funding available for eradication and control of 
noxious weeds on State and private land in conservation districts and 
other areas (HRS, chapt. 152; Hawaii Department of Agriculture (DOA) 
1981, 1991).
    Despite the existence of various State laws and regulations that 
protect Hawaii's native plants, their enforcement is difficult due to 
limited funding and personnel. Listing of these 19 plant taxa therefore 
reinforces and supplements the protection available under the State Act 
and other laws. The Federal Endangered Species Act also provides 
additional protection to these 19 taxa. For example, for species listed 
as endangered, it would be a violation of the Act for any person to 
remove, cut, dig up, damage, or destroy any such plant in knowing 
violation of State law or regulation or in the course of any violation 
of a State criminal trespass law.
    E. Other natural or manmade factors affecting its continued 
existence. The small numbers of populations and individuals of most of 
these taxa increase the potential for extinction from naturally 
occurring events. The limited gene pool may depress reproductive vigor, 
or a single human-caused or natural environmental disturbance could 
destroy a significant percentage of the individuals or the only known 
extant population. Seven of the taxa, Delissea rivularis, 
Hibiscadelphus woodii, Labordia tinifolia var. wahiawaensis, 
Phyllostegia knudsenii, Pritchardia viscosa, Schiedea helleri, and 
Schiedea stellarioides, are known only from a single population. Nine 
other taxa are known from only two to five populations (See Table 1). 
Twelve of the taxa are estimated to number no more than 100 known 
individuals (See Table 1). Three of these taxa, Hibiscadelphus woodii, 
Phyllostegia knudsenii, and Pritchardia viscosa, number fewer than 10 
individuals.
    One or more species of almost 30 introduced plants directly 
threaten all 19 of the taxa. The original 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 compete with native plants for space, 
light, water, and nutrients (Cuddihy and Stone 1990). Some of these 
species were brought to Hawaii by various groups of people, including 
the Polynesian immigrants, for food or cultural reasons. Plantation 
owners, alarmed at the reduction of water resources for their crops 
caused by the destruction of native forest cover by grazing feral 
animals, supported the introduction of alien tree species for 
reforestation. Ranchers intentionally introduced pasture grasses and 
other species for agriculture, and sometimes inadvertently introduced 
weed seeds as well. Other plants were brought to Hawaii for their 
potential horticultural value (Cuddihy and Stone 1990, Scott et al. 
1986, Wenkam 1969).
    Two subshrubs in the genus Ageratina have naturalized in the 
Hawaiian Islands and are classified as noxious weeds by the State (DOA 
1981). Ageratina adenophora (Maui pamakani), naturalized in dry areas 
to wet forests on Kauai and also classified as a noxious weed by the 
Federal government (7 CFR 360), threatens the Kalalau Valley population 
of Schiedea membranacea (Wood and Perlman 1993a). Ageratina riparia 
(Hamakua pamakani), naturalized in disturbed, dry to mesic areas and 
wet forests on Kauai, is a threat to the same population of Schiedea 
membranacea (Wood and Perlman 1993a). Blechnum occidentale (blechnum 
fern), probably accidentally introduced from tropical America, has 
naturalized in mesic forests on most of the main Hawaiian Islands 
(Degener 1932; J. Lau, pers. comm. 1994). Blechnum fern poses a threat 
to the Waioli Valley population of Cyanea recta (Lorence and Flynn 
1993a; T. Flynn, pers. comm. 1994).
    Classified as a noxious weed by the State of Hawaii, Clidemia hirta 
(Koster's curse) is an aggressive shrub found in mesic to wet forests 
on at least five islands in Hawaii (Almeda 1990, DOA 1981). It is a 
threat to the Waioli Valley populations of Cyanea recta and the 
Limahuli Valley population of Hibiscus waimeae ssp. hannerae (HHP 1992, 
1994i1; HPCC 1991d; Lorence and Flynn 1993a, 1993b; J. Lau and K. Wood, 
pers. comms. 1994). Cordyline fruticosa (ti) is a shrub brought to 
Hawaii by the Polynesian immigrants. Its original range is unknown, but 
in Hawaii it is now naturalized on all the main islands except 
Kahoolawe in Pandanus tectorius (hala) forest and mesic valleys and 
forests, sometimes forming dense stands (Wagner et al. 1990; J. Lau, 
pers. comm. 1994). The Hoolulu Valley population of Pritchardia 
napaliensis may compete for space with ti (HHP 1994m1). Crassocephalum 
crepidioides, an annual herb native to tropical Africa, is naturalized 
in dry areas to wet forest on Kauai and four other islands. This weed 
has been considered a pest in Hawaii since 1966, and is a threat to the 
Waioli Valley population of Cyanea recta (Haselwood and Motter 1983; 
Lorence and Flynn 1993a; K. Wood, pers. comm. 1994). Deparia petersenii 
is a perennial fern capable of forming a thick groundcover (J. Lau, 
pers. comm. 1994). The Makaleha Mountains populations of Cyanea recta 
and Cyrtandra cyaneoides compete for space with this fern (Lorence and 
Flynn 1993b). Drymaria cordata (pipili), a pantropical annual herb, is 
naturalized in shaded, moist sites on Kauai and four other islands 
(Wagner et al. 1990). Pipili threatens the Makaleha Mountains 
population of Cyrtandra cyaneoides and the only known population of 
Phyllostegia knudsenii (HPCC 1993j, Lorence and Flynn 1993b).
    Erechtites valerianifolia (fireweed) is an annual herb native from 
Mexico to Brazil and Argentina. It is naturalized on all of the main 
Hawaiian Islands except Niihau and Kahoolawe, and is found in 
disturbed, relatively wet areas. This weed threatens the Makaleha 
Mountains and Waioli Valley populations of Cyanea recta, the Makaleha 
Mountains and Wahiawa Mountains populations of Cyanea remyi, and the 
Makaleha Mountains populations of Cyrtandra cyaneoides and Phyllostegia 
wawrana (HPCC 1993k2; Lorence and Flynn 1991, 1993a, 1993b; Wagner et 
al. 1990; K. Wood, pers. comm. 1994). Brought to Hawaii as a cultivated 
herbaceous plant, Erigeron karvinskianus (daisy fleabane) is 
naturalized in wetter areas of Kauai and three other islands (Wagner et 
al. 1990). An invasion of daisy fleabane on the Kalalau cliffs 
threatens Schiedea membranacea, Myrsine linearifolia, and the only 
population of Hibiscadelphus woodii. Daisy fleabane also threatens the 
Alealau population of Pritchardia napaliensis and the Honopu Valley 
population of Phyllostegia wawrana (HPCC 1990d1, 1991c, 1993f, 1993k1; 
Lorence and Wagner 1995; K. Wood, pers. comm. 1994).
    Juncus planifolius is a perennial herb native to South America, New 
Zealand, and Australia and is naturalized in open, disturbed, moist 
areas in forest edges and bogs (Wagner et al. 1990). Found on Kauai and 
four other islands,

[[Page 53085]]

Juncus planifolius threatens the population of Viola kauaensis var. 
wahiawaensis in the Wahiawa Bog (Lorence and Flynn 1991; K. Wood, pers. 
comm. 1994). Kalanchoe pinnata (air plant) is an herb which occurs on 
all the main islands except Niihau and Kahoolawe, especially in dry to 
mesic areas (Wagner et al. 1990). The Paaiki Valley and Kuia 
populations of Kokia kauaiensis, the only known population of 
Phyllostegia knudsenii, the Pohakuao population of Myrsine 
linearifolia, and the Alealau and Hoolulu Valley populations of 
Pritchardia napaliensis are threatened by competition with air plant 
(HPCC 1991g, 1993j; M. Bruegmann, in litt. 1994; K. Wood, pers. comm. 
1994).
    Lantana camara (lantana), brought to Hawaii as an ornamental plant, 
is an aggressive, thicket-forming shrub which can now be found on all 
of the main islands in mesic forests, dry shrublands, and other dry, 
disturbed habitats (Wagner et al. 1990). One or more populations of 
each of the following species are threatened by lantana: Alsinidendron 
viscosum, Cyanea recta, Hibiscus waimeae ssp. hannerae, Kokia 
kauaiensis, Myrsine linearifolia, the only known population of 
Phyllostegia knudsenii, Pritchardia napaliensis, and Schiedea 
membranacea (HHP 1990a, 1994i3, 1994j1, 1994j3 to 1994j6, 1994m2; HPCC 
1990a, 1990b1, 1990c2, 1991d, 1993a1, 1993j; Lorence and Flynn 1993b; 
S. Perlman and K. Wood, pers. comms. 1994). Melastoma candidum is a 
member of a genus in which all species have been classified as noxious 
weeds by the State of Hawaii (DOA 1992). This species is naturalized in 
mesic to wet areas on Kauai and Hawaii and threatens the Makaleha 
Mountains populations of Cyanea recta, Cyanea remyi, and Phyllostegia 
wawrana (Almeda 1990, HPCC 1993k2, Lorence and Flynn 1993b).
    Passiflora mollissima (banana poka), a woody vine, poses a serious 
problem to mesic forests 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). Banana poka is classified as a 
noxious weed by the State (DOA 1992) and threatens the Nualolo 
population of Schiedea membranacea and the Honopu Valley population of 
Phyllostegia wawrana (HPCC 1993k1; K. Wood, pers. comm. 1994). 
Passiflora ligularis (sweet granadilla) was first collected in Hawaii 
in 1909, and has since spread to mesic and wet areas of Kauai, Oahu, 
Lanai, and Hawaii (Escobar 1990). This taxon threatens Kokia kauaiensis 
(M. Bruegmann, in litt. 1994).
    Two small tree species, Psidium cattleianum (strawberry guava) and 
Psidium guajava (common guava), were brought to Hawaii and have become 
widely naturalized on all the main islands, forming dense stands in 
disturbed areas. Strawberry guava, found in mesic and wet forests, 
develops into stands in which few other plants grow, physically 
displacing natural vegetation and greatly affecting Hawaiian plants, 
many of which are narrowly endemic taxa. Pigs depend on strawberry 
guava for food and, in turn, disperse the plant's seeds through the 
forests (Smith 1985, Wagner et al. 1990). Strawberry guava is 
considered to be the greatest weed problem in Hawaiian rain forests and 
is known to pose a direct threat to all remaining plants of Pritchardia 
viscosa, the Wahiawa Mountains populations of Cyanea remyi and Labordia 
tinifolia var. wahiawaensis, the Paaiki population of Kokia kauaiensis, 
the Wahiawa Drainage population of Myrsine linearifolia, and the 
Mahanaloa-Kuia population of Schiedea membranacea (HPCC 1991f3, 1991f4, 
1992c; Lorence and Flynn 1991, 1993b; Smith 1985; M. Bruegmann, in 
litt. 1994; T. Flynn and S. Perlman, pers. comms. 1994). Common guava 
invades disturbed sites, forming dense thickets in dry, mesic, and wet 
forests (Smith 1985, Wagner et al. 1990). Common guava threatens the 
Hoolulu Valley population of Pritchardia napaliensis (HHP 1994m1, HPCC 
1990c2). Pterolepis glomerata, an herb or subshrub locally naturalized 
in mesic to wet disturbed sites on Kauai, Oahu, and Hawaii, threatens 
the Wahiawa Bog population of Viola kauaensis var. wahiawaensis 
(Lorence and Flynn 1991; K. Wood, pers. comm. 1994).
    Rubus argutus (prickly Florida blackberry), an aggressive alien 
species in disturbed mesic to wet forests and subalpine grasslands on 
Kauai and three other islands, is considered a noxious weed by the 
State of Hawaii (DOA 1981, Smith 1985, Wagner et al. 1990). Prickly 
Florida blackberry threatens the only known populations of Schiedea 
helleri, Schiedea stellarioides, and Delissea rivularis, the Alakai 
Wilderness and Keanapuka populations of Alsinidendron lychnoides, the 
Waialae-Nawaimaka population of Alsinidendron viscosum, the Koaie 
Stream and Pohakuao populations of Myrsine linearifolia, the Honopu 
Valley population of Phyllostegia wawrana, and the Nualolo population 
of Schiedea membranacea (HHP 1994b6; HPCC 1992a, 1993a1, 1993a2, 1993g, 
1993i; 1993k1; J. Lau, S. Perlman, K. Wood, pers. comms. 1994). Rubus 
rosifolius (thimbleberry), native to Asia, is naturalized in disturbed 
mesic to wet forest on all of the main Hawaiian Islands. This shrub 
threatens the three largest populations of Cyanea recta in Wainiha 
Valley, Makaleha Mountains, and Waioli Valley; the Wahiawa Mountains 
and Waioli Valley populations of Cyanea remyi; the Makaleha Mountains 
population of Cyrtandra cyaneoides; the Limahuli Valley population of 
Hibiscus waimeae ssp. hannerae; the Mahanaloa-Kuia Valley junction 
population of Kokia kauaiensis; the Limahuli-Hanakapiai Ridge 
population of Myrsine linearifolia; the Makaleha Mountains population 
of Phyllostegia wawrana; and the Mahanaloa-Kuia Valley population of 
Schiedea membranacea (HHP 1992, 1994i1, 1994j3; HPCC 1990d2, 1991d, 
1991f2, 1992c, 1993c2, 1993k2; Lorence and Flynn 1991, 1993a, 1993b; S. 
Perlman and K. Wood, pers. comms. 1994).
    Triumfetta semitriloba (Sacramento bur) is a subshrub now found on 
four Hawaiian Islands and considered to be a noxious weed by the State 
of Hawaii (DOA 1981, Wagner et al. 1990). Sacramento bur threatens the 
Koaie Stream population of Kokia kauaiensis (HPCC 1990b3). Youngia 
japonica (Oriental hawksbeard) is an annual herb native to southeast 
Asia and now is a common weed in disturbed moist and shaded sites, as 
well as intact wet forests, on most of the main Hawaiian Islands 
(Wagner et al. 1990). The Waioli Valley population of Cyanea recta is 
threatened by this weed (Lorence and Flynn 1993a).
    Several hundred species of grasses have been introduced to the 
Hawaiian Islands, many for animal forage. Of the approximately 100 
grass species that have become naturalized, 3 species threaten 8 of the 
19 d plant taxa. Melinis minutiflora (molasses grass), a perennial 
grass brought to Hawaii for cattle fodder, is now naturalized in dry to 
mesic, disturbed areas on most of the main Hawaiian Islands. The mats 
it forms smother other plants and fuel more intense fires than would 
normally affect an area (Cuddihy and Stone 1990, O'Connor 1990, Smith 
1985). The largest populations of Alsinidendron viscosum and Schiedea 
stellarioides, in Waialae-Nawaimaka Valley, are threatened by molasses 
grass (HPCC 1993a1, 1993a2, 1993i). The perennial grass Paspalum 
conjugatum (Hilo grass), naturalized in moist to wet, disturbed areas 
on most Hawaiian Islands, produces a dense ground cover, even on

[[Page 53086]]

poor soil, and threatens the Makaleha Mountains population of Cyanea 
recta, Cyanea remyi, Cyrtandra cyaneoides, the only known population of 
Phyllostegia knudsenii, and the Powerline Road population of 
Pritchardia viscosa (HHP 1992; HPCC 1993j; Lorence and Flynn 1993b; J. 
Lau and S. Perlman, pers. comms. 1994). Sacciolepis indica (Glenwood 
grass), an annual or perennial grass naturalized on five islands in 
Hawaii in open, wet areas, threatens the Waioli Valley and Makaleha 
Mountains populations of Cyanea recta (HHP 1992; Lorence and Flynn 
1993a, 1993b; J. Lau and K. Wood, pers. comms. 1994).
    Erosion, landslides, and rock slides due to natural weathering 
result in the death of individual plants as well as habitat 
destruction. This especially affects the continued existence of taxa or 
populations with limited numbers and/or narrow ranges, such as: the two 
largest populations of Cyanea recta; the Makaleha Mountains and upper 
Waioli Valley populations of Cyrtandra cyaneoides, each of which has 
only one individual; the only populations of Delissea rivularis, 
Phyllostegia knudsenii, and Hibiscadelphus woodii; and the largest 
population of Schiedea membranacea (HPCC 1990d2, 1991c, 1993c1, 1993j; 
Lorence and Flynn 1993a, 1993b; Lorence and Wagner 1995; Mehrhoff, in 
litt. 1994; J. Lau and K. Wood, pers. comms. 1994). This process is 
often exacerbated by human disturbance and land use practices (See 
Factor A).
    In September 1992, Hurricane 'Iniki struck the Hawaiian Islands and 
caused extensive damage, especially on the island of Kauai. Many forest 
trees were destroyed, opening the canopy and thus allowing the invasion 
of light-loving alien plants, which are a threat to the continued 
existence of many of the d taxa. Over three-fourths of all known 
Labordia tinifolia var. wahiawaensis plants were destroyed as a result 
of the hurricane-force winds and substrate subsidence caused by the 
hurricane (S. Perlman, pers. comm. 1994). One plant of Alsinidendron 
lychnoides, half of one population of Hibiscus waimeae ssp. hannerae, 
and half of the known individuals of Pritchardia viscosa were destroyed 
by the hurricane (M. Bruegmann, in litt. 1994; S. Perlman, pers. comm. 
1994). Damage by future hurricanes could further decrease the already 
reduced numbers and reduced habitat of most of the 19 taxa in this 
final rule.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to make this rule 
final. Based on this evaluation, this rulemaking will list 17 of these 
plant taxa as endangered (Alsinidendron lychnoides, Alsinidendron 
viscosum, Cyanea remyi, Cyrtandra cyaneoides, Delissea rivularis, 
Hibiscadelphus woodii, Hibiscus waimeae ssp. hannerae, Kokia 
kauaiensis, Labordia tinifolia var. wahiawaensis, Phyllostegia 
knudsenii, Phyllostegia wawrana, Pritchardia napaliensis, Pritchardia 
viscosa, Schiedea helleri, Schiedea membranacea, Schiedea 
stellarioides, and Viola kauaensis var. wahiawaensis) and two taxa as 
threatened (Cyanea recta and Myrsine linearifolia). Sixteen of the taxa 
either number no more than about 100 individuals or are known from five 
or fewer populations. The 17 taxa listed as endangered are threatened 
by one or more of the following: habitat degradation and/or predation 
by feral pigs, feral goats, rats, and deer; competition from alien 
plants; substrate loss; human impacts; and lack of legal protection or 
difficulty in enforcing laws that are already in effect. Small 
population size and limited distribution make these species 
particularly vulnerable to extinction and/or reduced reproductive vigor 
from naturally occurring events. Because these 17 taxa 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.
    Although populations of Cyanea recta and Myrsine linearifolia are 
threatened by predation (by rats and/or goats), habitat modification by 
pigs and goats, and competition with alien plant species, the wider 
distribution of populations through a relatively large area and greater 
numbers of individual plants reduce the likelihood that these species 
will become extinct in the near future. For these reasons, Cyanea recta 
and Myrsine linearifolia are not now in immediate danger of extinction 
throughout all or a significant portion of their ranges. However, both 
species are likely to become endangered in the foreseeable future if 
the threats affecting these species are not curbed. As a result, Cyanea 
recta and Myrsine linearifolia are designated threatened species.
    Critical habitat is not being designated for the 19 taxa included 
in this rule, for reasons discussed in the ``Critical Habitat'' section 
below.

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 designate critical habitat at the time 
a species is determined to be endangered or threatened. 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. As discussed under 
Factor B of the summary of factors affecting the species section, these 
taxa are threatened by overcollection, due to low population size. The 
publication of precise maps and descriptions of critical habitat in the 
Federal Register and local newspapers as required in designation of 
critical habitat would increase the degree of threat to these plants 
from take or vandalism and, therefore, could contribute to their 
decline and increase enforcement problems. The listing of these taxa as 
endangered or threatened publicizes the rarity of the plants and, thus, 
can also make these plants attractive to curiosity seekers or 
collectors of rare plants.
    All involved parties and the major landowners have been notified of 
the location and importance of protecting the habitat of these taxa. 
Protection of the habitats of these plants will be addressed through 
the recovery process and through the section 7 consultation process as 
necessary. At present, the Service is not aware of any Federal activity 
within the currently known habitats of these plants. The Service finds 
that designation of critical habitat for these 19 taxa is not prudent 
at this time. Such a designation would increase the degree of threat 
from vandalism, collecting, or other human activities and is unlikely 
to aid in the conservation of these taxa. In addition, designation of 
critical habitat would provide no benefits beyond those that these 
species would receive by virtue of their being

[[Page 53087]]

listed as endangered or threatened species.

Available Conservation Measures

    Conservation measures provided to plant taxa listed as endangered 
or threatened 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 
plans be developed for listed species. The requirements for Federal 
agencies and the prohibitions against certain activities involving 
listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is listed as 
endangered or threatened and with respect to its critical habitat, if 
any is being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(2) of the Act requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of the species or to destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
must enter into consultation with the Service. None of the 19 taxa 
occur on Federal lands and no known Federal activities occur within the 
present known habitat of these 19 plant taxa.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered and 
threatened plants. With respect to the 19 plant taxa in this rule, the 
prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 
17.61, apply. These prohibitions, in part, make it illegal for any 
person subject to the jurisdiction of the United States to import or 
export any listed plant species; transport such species in interstate 
or foreign commerce in the course of a commercial activity; sell or 
offer for sale in interstate or foreign commerce; or to remove and 
reduce to possession any such species from areas under Federal 
jurisdiction. In addition, it is illegal to maliciously damage or 
destroy any endangered plant from areas under Federal jurisdiction; or 
remove, cut, dig up, damage, or destroy any endangered 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. Section 
4(d) of the Act allows for the provision of such protection to 
threatened species through regulation. This protection may apply to 
these taxa in the future if regulations are promulgated. Seeds from 
cultivated specimens of threatened plants are exempt from these 
prohibitions provided that their containers are marked ``Of Cultivated 
Origin.'' Certain exceptions to the prohibitions apply to agents of the 
Service and State conservation agencies.
    The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the 
issuance of permits to carry out otherwise prohibited activities 
involving listed plant species under certain circumstances. Such 
permits are available for scientific purposes and to enhance the 
propagation or survival of the species. For threatened plants, permits 
are also available for botanical or horticultural exhibition, 
educational purposes, or special purposes consistent with the purposes 
of the Act. It is anticipated that few trade permits would be sought or 
issued for most of the taxa, because they are not in cultivation or 
common in the wild.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994, (59 FR 34272) to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of the 
listing on proposed and ongoing activities within the species' range. 
Eighteen of the 19 taxa in this final rule are located on State lands. 
The Service is not aware of any otherwise legal activities being 
conducted by the public on State lands that will be affected by this 
listing and result in a violation of section 9. Six of the listed taxa 
(Hibiscadelphus woodii, Hibiscus waimeae ssp. hannerae, Kokia 
kauaiensis, Myrsine linearifolia, Pritchardia napaliensis, and 
Pritchardia viscosum) may be of horticultural interest, though none are 
currently in commercial trade. Intrastate commerce (commerce within a 
State) is not prohibited under the Act. However, interstate and foreign 
commerce (sale or offering for sale across State or international 
boundaries), will require a Federal endangered species permit. 
(Endangered species may be advertised for sale provided the 
advertisement contains a statement that no sale may be consummated 
until a permit has been obtained from the Service.)
    Questions regarding whether specific activities will constitute a 
violation of section 9 of the Act should be directed to the Pacific 
Islands Ecoregion Manager (see ADDRESSES section). Requests for copies 
of the regulations concerning listed plants and inquiries regarding 
prohibitions and permits may be addressed to the Fish and Wildlife 
Service, Ecological Services, Endangered Species Permits, 911 N.E. 11th 
Avenue, Portland, Oregon 97232-4181 (telephone: 503/231-6241; 
facsimile: 503/231-6243).

Hawaii State Law

    Federal listing will automatically invoke listing under the State's 
endangered species act. Hawaii's Endangered Species Act states, ``Any 
species of aquatic life, wildlife, or land plant that has been 
determined to be an endangered species pursuant to the [Federal] 
Endangered Species Act shall be deemed to be an endangered species 
under the provisions of this chapter * * *'' (Hawaii Revised Statutes 
(HRS), sect. 195D-4(a)). This Federal listing will automatically invoke 
listing under Hawaii State law. The State law prohibits taking of 
listed species on private and State lands and encourages conservation 
by State agencies (HRS, sect. 195D-4). However, the regulations are 
difficult to enforce because of limited personnel.

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 is available upon 
request from the Pacific Islands Ecoregion Office (See ADDRESSES 
section).

[[Page 53088]]

Author

    The authors of this final rule are Christa Russell and Marie M. 
Bruegmann, 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, the Service hereby amends part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as set forth 
below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Section 17.12(h) is amended by adding the following, in 
alphabetical order under FLOWERING PLANTS, to the List of Endangered 
and Threatened Plants to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Species                                                                                                                       
------------------------------------------------------------   Historic range            Family           Status   When listed    Critical     Special  
        Scientific name                 Common name                                                                               habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS:                                                                                                                                       
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Alsinidendron lychnoides......  Kuawawaenohu...............  U.S.A.(HI)          Caryophyllaceae--Pink  E                  590           NA           NA
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Alsinidendron viscosum........  None.......................  U.S.A.(HI)          Caryophyllaceae--Pink  E                  590           NA           NA
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Cyanea recta..................  Haha.......................  U.S.A.(HI)          Campanulaceae--Bellfl  T                  590           NA           NA
                                                                                  ower.                                                                 
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Cyanea remyi..................  Haha.......................  U.S.A.(HI)          Campanulaceae--Bellfl  E                  590           NA           NA
                                                                                  ower.                                                                 
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Cyrtandra cyaneoides..........  Mapele.....................  U.S.A.(HI)          Gesneriaceae--African  E                  590           NA           NA
                                                                                  violet.                                                               
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Delissea rivularis............  'Oha.......................  U.S.A.(HI)          Campanulaceae--Bellfl  E                  590           NA           NA
                                                                                  ower.                                                                 
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Hibiscadelphus woodii.........  Hau kuahiwi................  U.S.A.(HI)          Malvaceae--Mallow....  E                  590           NA           NA
                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Hibiscus waimeae ssp. hannerae  Koki'o ke'oke'o............  U.S.A.(HI)          Malvaceae--Mallow....  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Kokia kauaiensis..............  Koki'o.....................  U.S.A.(HI)          Malvaceae--Mallow....  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Labordia tinifolia var.         Kamakahala.................  U.S.A.(HI)          Loganiaceae--Logania.  E                  590           NA           NA
 wahiawaensis.                                                                                                                                          
                                              *         *         *         *         *         *         *                                             
Myrsine linearifolia..........  Kolea......................  U.S.A.(HI)          Myrsinaceae--Myrsine.  T                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Phyllostegia knudsenii........  None.......................  U.S.A.(HI)          Lamiaceae--Mint......  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Phyllostegia wawrana..........  None.......................  U.S.A.(HI)          Lamiaceae--Mint......  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Pritchardia napaliensis.......  Loulu......................  U.S.A.(HI)          Arecaceae--Palm......  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Pritchardia viscosa...........  Loulu......................  U.S.A.(HI)          Arecaceae--Palm......  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Schiedea helleri..............  None.......................  U.S.A.(HI)          Caryophyllaceae--Pink  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Schiedea membranacea..........  None.......................  U.S.A.(HI)          Caryophyllaceae--Pink  E                  590           NA           NA

[[Page 53089]]

                                                                                                                                                        
                                              *         *         *         *         *         *         *                                             
Schiedea stellarioides........  None.......................  U.S.A.(HI)          Caryophyllaceae--Pink  E                  590           NA           NA
                                              *         *         *         *         *         *         *                                             
Viola kauaensis var.            Nani wai'ale'ale...........  U.S.A.(HI)          Violaceae--Violet....  E                  590           NA           NA
 wahiawaensis .                                                                                                                                         
                                              *         *         *         *         *         *         *                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: September 24, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25558 Filed 10-09-96; 8:45 am]
BILLING CODE 4310-55-P