[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Rules and Regulations]
[Pages 53137-53153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25559]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AD25


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Thirteen Plants From the Island of Hawaii, State 
of 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 13 plants: Clermontia drepanomorpha ('oha wai), 
Cyanea platyphylla (haha), Hibiscadelphus giffardianus (hau kuahiwi), 
Hibiscadelphus hualalaiensis (hau kuahiwi), Melicope zahlbruckneri 
(alani), Neraudia ovata (no common name (NCN)), Phyllostegia racemosa 
(kiponapona), Phyllostegia velutina (NCN), Phyllostegia warshaueri 
(NCN), Pleomele hawaiiensis (hala pepe), Pritchardia schattaueri 
(loulu), Sicyos alba ('anunu), and Zanthoxylum dipetalum var. 
tomentosum (a'e). All 13 taxa are endemic to the island of Hawaii, 
Hawaiian Islands. The 13 plant taxa and their habitats have been 
threatened by one or more of the following--competition for space, 
light, water, and nutrients by naturalized, introduced vegetation; 
habitat degradation by wild, feral, or domestic animals (cattle, pigs, 
goats, and sheep); agricultural and residential development and 
recreational activities; habitat loss and damage to plants from fires; 
predation by animals (cattle, pigs, goats, sheep, insects, and rats); 
and natural disasters such as volcanic activity. Due to the small 
number of existing individuals and their very narrow distributions, 
these 13 taxa and their populations are subject to an increased 
likelihood of extinction and/or reduced reproductive vigor from natural 
disasters. This final rule implements the Federal protection provisions 
provided by the Act for listed plants. Listing under the Act also 
triggers listed status for these 13 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 Pacific Islands 
Ecoregion, U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard, 
Room 3108, Box 50088, Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Brooks Harper, Field Supervisor, 
Ecological Services, Pacific Islands Ecoregion (see ADDRESSES section) 
(telephone: 808/541-3441; facsimile: 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    Clermontia drepanomorpha ('oha wai), Cyanea platyphylla (haha), 
Hibiscadelphus giffardianus (hau kuahiwi), Hibiscadelphus hualalaiensis 
(hau kuahiwi), Melicope zahlbruckneri (alani), Neraudia ovata (no 
common name (NCN)), Phyllostegia racemosa (kiponapona), Phyllostegia 
velutina (NCN), Phyllostegia warshaueri (NCN), Pleomele hawaiiensis 
(hala pepe), Pritchardia schattaueri (loulu), Sicyos alba ('anunu), and 
Zanthoxylum dipetalum var. tomentosum (a'e) all are endemic to the 
island of Hawaii, Hawaiian Islands.
    The island of Hawaii is the southernmost, easternmost, and youngest 
of the eight major Hawaiian Islands. Hawaii, the largest island of the 
Hawaiian archipelago comprises 10,458 square kilometers (sq km) (4,038 
sq miles (mi)), or two-thirds of the land area of the State of Hawaii, 
giving rise to its common name, the ``Big Island.'' The Hawaiian 
Islands are volcanic islands formed over a ``hot spot,'' a fixed area 
of pressurized molten rock deep within the Earth. As the Pacific Plate, 
a

[[Page 53138]]

section of the Earth's surface many miles thick, has moved to the 
northwest, the islands of the chain have separated. Currently, this hot 
spot is centered under the southeast part of the island of Hawaii, 
which is one of the most active volcanic areas on Earth. Five large 
shield volcanoes make up the island of Hawaii: Mauna Kea at 4,205 
meters (m) (13,796 feet (ft)) and Kohala at 1,670 m (5,480 ft), both 
extinct; Hualalai, at 2,521 m (8,271 ft), which is dormant and will 
probably erupt again; and Mauna Loa at 4,169 m (13,677 ft) and Kilauea 
at 1,248 m (4,093 ft), both of which are currently active and adding 
land area to the island. Compared to Kauai, which is the oldest of the 
main islands and was formed about 5.6 million years ago, Hawaii is very 
young, with fresh lava and land up to 0.5 million years old (Cuddihy 
and Stone 1990, Culliney 1988, Department of Geography 1983, Macdonald 
et al. 1983).
    Because of the large size and range of elevation of the island, 
Hawaii has a great diversity of climates. Windward (northeastern) 
slopes of Mauna Loa have rainfall up to 300 centimeters (cm) (118 
inches (in)) per year in some areas. The leeward coast, shielded by the 
mountains from rain brought by trade winds, has areas classified as 
desert that receive as little as 20 cm (7.9 in) of rain annually. The 
summits of Mauna Loa and Mauna Kea experience snowfall each year, and 
Mauna Kea was glaciated during the last Ice Age (Culliney 1988, 
Department of Geography 1983, Macdonald et al. 1983, Wagner et al. 
1990).
    Plant communities on Hawaii include those in various stages of 
primary succession on the slopes of active and dormant volcanoes, ones 
in stages of secondary succession following disturbance, and relatively 
stable climax communities. On Hawaii, vegetation is found in all 
classifications--coastal, dryland, montane, subalpine, and alpine; dry, 
mesic, and wet; and herblands, grasslands, shrublands, forests, and 
mixed communities. The vegetation and land of the island of Hawaii have 
undergone much change through the island's history. Since it is an area 
of active volcanism, vegetated areas are periodically replaced with 
bare lava. Polynesian immigrants, first settling on Hawaii by 750 A.D., 
made extensive alterations to lowland areas for agriculture and 
habitation. European contact with Hawaii brought intentional and 
inadvertent introductions of alien plant and animal taxa. In 1960, 65 
percent of the total land area of the island of Hawaii was used for 
grazing, and much land has also been converted to modern cropland 
(Cuddihy and Stone 1990, Gagne and Cuddihy 1990).
    The 13 taxa included in this rule occur between 120 and 1,850 m 
(400 and 6,080 ft) in elevation in various portions of the island of 
Hawaii. Most of the taxa exist as remnant plants persisting in grazed 
areas or in higher elevations which have only recently been heavily 
invaded by alien plant and animal taxa. The thirteen taxa grow in a 
variety of vegetation communities (pioneer lava, shrublands, and 
forests), elevational zones (lowland and montane) and moisture regimes 
(dry, mesic, and wet). In lowland habitats, the 13 taxa are found in 
pioneer lava, shrubland, dry forest, mesic forest, and wet forest. In 
montane habitats, the thirteen taxa are found in dry forest, mesic 
forest, and wet forest.
    The lands on which these 13 plant taxa are found are owned by 
various private parties, the State of Hawaii (including conservation 
district lands, forest reserves, natural area reserves, and plant and 
wildlife sanctuaries), or are owned or managed by the Federal 
government (including a U.S. Fish and Wildlife Service refuge, a 
National Park, and a U.S. Army training area).

Discussion of the 13 Taxa Included in This Final Rule

    Joseph F. Rock (1913) named Clermontia drepanomorpha on the basis 
of specimens collected in the Kohala Mountains of the island of Hawaii 
in the early 1900's. This taxonomy was retained in the latest treatment 
of the genus (Lammers 1990).
    Clermontia drepanomorpha, of the bellflower family (Campanulaceae), 
is a terrestrial or epiphytic (not rooted in the soil), branching tree 
2.5 to 7 m (8.2 to 23 ft) tall. The stalked leaves are 10 to 27 cm (4 
to 11 in) long and 1.5 to 4.5 cm (0.6 to 1.8 in) wide. Two to four 
flowers, each with a stalk 2 to 3.5 cm (0.8 to 1.4 in) long, are 
positioned at the end of a main flower stalk 5 to 12 cm (2 to 5 in) 
long. The calyx (fused sepals) and corolla (fused petals) are similar 
in size and appearance, and each forms a slightly curved, five-lobed 
tube 4 to 5.5 cm (1.6 to 2.2 in) long and 1.5 to 2 cm (0.6 to 0.8 in) 
wide which is blackish purple. The berries are orange and 2 to 3 cm 
(0.8 to 1.2 in) in diameter. This species is distinguished from others 
in this endemic Hawaiian genus by similar sepals and petals, the long 
drooping inflorescence, and large blackish purple flowers (Lammers 
1990, Rock 1919).
    Historically, Clermontia drepanomorpha was known from four 
populations in the Kohala Mountains on the island of Hawaii (Hawaii 
Heritage Program (HHP) 1993a1 to 1993a4, Rock 1913, Skottsberg 1944, 
Stemmermann and Jacobson 1987). Only 13 to 20 individuals in two 
populations, bordering private ranch lands, were known to be extant 
until recent surveys (Corn 1983; HHP 1993a1, 1993a4; Hawaii Plant 
Conservation Center (HPCC) 1993a; Marie M. Bruegmann, U.S. Fish and 
Wildlife Service (USFWS), in litt., 1994; Carolyn Corn, Hawaii Division 
of Forestry and Wildlife (DOFAW), in litt., 1994). In 1995, the Service 
contracted the National Tropical Botanical Garden (NTBG) to conduct a 
thorough survey of the Kohala area. Approximately five populations 
totalling 200 individuals of Clermontia drepanomorpha were found within 
a 3.2 km (2 mi) by 8 km (5 mi) State-owned area of the only remaining 
habitat for the species (Diane Ragone and Ken Wood, NTBG, in litt., 
1995).
    This species typically grows in Metrosideros polymorpha ('ohi'a), 
Cheirodendron trigynum ('olapa), and Cibotium glaucum (hapu`u) 
dominated Montane Wet Forests, often epiphytically, at elevations 
between 1,170 and 1,570 m (3,850 and 5,150 ft) (Corn 1983; HHP 1993a1, 
1993a4; HPCC 1993a). Associated taxa include Carex alligata, Melicope 
clusiifolia (alani), Styphelia tameiameiae (pukiawe), Astelia menziesii 
(pa'iniu), Rubus hawaiiensis ('akala), Cyanea pilosa (haha), and 
Coprosma sp. (pilo) (HHP 1993a1, HPCC 1993a).
    The major threats to Clermontia drepanomorpha are ditch 
improvements, competition from alien plant taxa, like Rubus rosifolius 
(thimbleberry), habitat disturbance by feral pigs (Sus scrofa); 
girdling of the stems by rats (Rattus spp.); and a risk of extinction 
from naturally occurring events (such as hurricanes) and/or reduced 
reproductive vigor due to the small number of existing populations 
(Bruegmann 1990, Center for Plant Conservation (CPC) 1990, HHP 1993a1, 
HPCC 1993a).
    Asa Gray (1861) named Delissea platyphylla from a specimen 
collected by Horace Mann and W.T. Brigham in the Puna District of the 
island of Hawaii. Wilhelm Hillebrand (1888) transferred the species to 
Cyanea, creating Cyanea platyphylla. Harold St. John (1987a, St. John 
and Takeuchi 1987), believing there to be no generic distinction 
between Cyanea and Delissea, transferred the species back to the genus 
Delissea, the older of the two generic names. The current treatment of 
the family (Lammers 1990), however, maintains the separation of the two 
genera. The following taxa have been synonymized with Cyanea 
platyphylla: C. bryanii, C. crispohirta, C. fernaldii, C.

[[Page 53139]]

nolimetangere, C. pulchra, and C. rollandioides. However, some field 
biologists feel that C. fernaldii, represented by the Laupahoehoe 
populations, is a distinct entity that should be resurrected as a 
separate species (Frederick Warshauer, National Biological Service, 
pers. comm., 1994).
    Cyanea platyphylla, of the bellflower family, is an unbranched 
palm-like shrub 1 to 3 m (3 to 10 ft) tall with stems that are covered 
with short, sharp, pale spines on the upper portions, especially as 
juveniles. This species has different leaves in the juvenile and adult 
plants. The juvenile leaves are 10.5 to 25 cm (4.1 to 10 in) long and 4 
to 7.5 cm (1.6 to 3.0 in) wide, with prickles on leaves and stalks. 
Adult leaves are 34 to 87 cm (13 to 34 in) long and 7 to 22 cm (2.8 to 
8.7 in) wide, and are only sparsely prickled. Six to 25 flowers are 
clustered on the end of a main stalk 20 to 90 cm (8 to 35 in) long, and 
each flower has a stalk 1 to 2.5 cm (0.4 to 1 in) long. The hypanthium 
is topped by five small, triangular calyx lobes. Petals, which are 
white or yellowish white with magenta stripes, are fused into a curved 
tube with five spreading lobes. The corolla is 4.2 to 5.4 cm (1.7 to 
2.1 in) long and 5 to 10 millimeters (mm) (0.2 to 0.4 in) wide. Berries 
are pale orange, 8 to 10 mm (0.3 to 0.4 in) long, and 6 to 8 mm (0.2 to 
0.3 in) wide. The species differs from others in this endemic Hawaiian 
genus by its juvenile and adult leaves, precocious flowering, and 
smaller flowers (Lammers 1990).
    Cyanea platyphylla was historically known from the Kohala 
Mountains, Laupahoehoe in the Hamakua District, in the mountains above 
Hilo, Pahoa, Glenwood, Honaunau in South Kona, and the unknown location 
``Kalanilehua'' (HHP 1991a1 to 1991a4, 1991a7, 1991a8, 1991a11, 
1991a12, 1993b; Rock 1917, 1919, 1957; Skottsberg 1926; Wimmer 1943 and 
1968). One population of five mature individuals and two juveniles is 
known to still exist in Laupahoehoe Natural Area Reserve (NAR) (CPC 
1989, 1990; Cuddihy et al. 1982; HHP 1991a6; HPCC 1991a; C. Corn, in 
litt., 1994), which is owned and managed by the State of Hawaii. 
Approximately four additional populations, totalling 50 to 100 
individuals, were recently rediscovered during surveys by NTBG in the 
Kohala Mountains (D. Ragone and K. Wood, in litt., 1995). Two 
additional populations in Laupahoehoe NAR have not been seen since 1982 
and could not be relocated in 1989. The extant Laupahoehoe population 
has been spot-fenced by the NAR System to protect it from pig 
depredation (Cuddihy et al. 1982; HHP 1991a5, 1991a9, 1991a10; Linda 
Pratt, Hawaii Volcanoes National Park (HVNP), pers. comms., 1991 and 
1994).
    Cyanea platyphylla is typically found in Metrosideros polymorpha 
('ohi'a)--Acacia koa (koa) Lowland and Montane Wet Forests at 
elevations between 120 and 915 m (390 and 3,000 ft) (Lammers 1990). 
Associated taxa include Cibotium sp. (hapu`u), Athyrium sandwichianum 
(ho'i'o), Antidesma sp. (hame), Clermontia spp. ('oha wai), Hedyotis 
sp. (pilo), and Cyrtandra spp. (ha'iwale) (HHP 1991a6, HPCC 1991a).
    The major known threats to Cyanea platyphylla are pigs; habitat-
modifying introduced plant taxa, including Psidium cattleianum 
(strawberry guava), Psidium guajava (guava), Passiflora ligularis 
(sweet granadilla), and thimbleberry; rats, which may eat the fruit; 
and volcanic activity (Cuddihy et al. 1982; HHP 1991a6, 1991a9; HPCC 
1991a; M. Bruegmann, in litt., 1994; L. Pratt, pers. comm., 1994). 
Another threat is the risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the low numbers of 
populations and individuals.
    Rock (Radlkofer and Rock 1911) named Hibiscadelphus giffardianus to 
honor W.M. Giffard, who first saw the taxon in 1911. This species was 
used as the type specimen to describe Hibiscadelphus as a new genus, 
meaning ``brother of Hibiscus'' (Bryan 1971). This taxonomy was 
retained in the latest treatment of the genus (Bates 1990).
    Hibiscadelphus giffardianus, of the mallow family (Malvaceae), is a 
tree up to 7 m (23 ft) tall with the trunk up to 30 cm (12 in) in 
diameter and whitish bark. The leaf blades are heart-shaped and 10 to 
30 cm (4 to 12 in) long with a broad tip, a notched base, and stalks 
nearly as long as the blades. Flowers are typically solitary in the 
axils of the leaves and have stalks 1.5 to 4 cm (0.6 to 1.6 in) long. 
Five to seven filament-like bracts are borne below each flower and the 
calyx is pouch-like. The overlapping petals form a curved bisymmetrical 
flower with the upper petals longer, typical of bird-pollinated 
flowers. The flowers are grayish green on the outside and dark magenta 
within, and 5 to 7 cm (2 to 3 in) long. The fruit is woody with star-
shaped hairs. This species differs from others in this endemic Hawaiian 
genus by its flower color, flower size, and filamentous bracts (Baker 
and Allen 1976b, Bates 1990, Degener 1932a, Degener and Degener 1977, 
Radlkofer and Rock 1911).
    Only one tree of Hibiscadelphus giffardianus has ever been known in 
the wild, from Kipuka Puaulu (or Bird Park) in HVNP. This tree died in 
1930, but plants exist in cultivation from seeds originally collected 
by Giffard before the tree died (Degener 1932a). Cuttings from these 
cultivated trees have been planted back into the now fenced original 
habitat at Kipuka Puaulu and currently nine mature plants and two 
suckers are known to exist (Baker and Allen 1977; Bishop and Herbst 
1973; HHP 1991b; HPCC 1991b1, 1991b2; M. Bruegmann, in litt., 1994). 
Individuals planted in Kipuka Ki were later determined to be hybrids 
and were removed by Park personnel (Baker and Allen 1977, Mueller-
Dombois and Lamoureux 1967). The cultivated plants in Kipuka Puaulu 
have spontaneously produced fertile hybrids with cultivated plants of 
Hibiscadelphus hualalaiensis that were also planted into Kipuka Puaulu 
and Kipuka Ki. Both the Hibiscadelphus hualalaiensis and the hybrids 
have been removed from the Park (Baker and Allen 1976a, 1977; Carr and 
Baker 1977). Hibiscadelphus giffardianus has been listed as endangered 
in the IUCN Plant Red Data Book (Lucas and Synge 1978).
    This taxon grows in mixed Montane Mesic Forest at elevations 
between 1,200 and 1,310 m (3,900 and 4,300 ft) (Bates 1990; HHP 1991b; 
HPCC 1991b1, 1991b2). Associated taxa include 'ohi'a, koa, Sapindus 
saponaria (a'e), ho'i'o, Coprosma sp. (pilo), Pipturus albidus 
(mamaki), Psychotria sp. (kopiko), Nestegis sandwicensis (olopua), 
Melicope sp. (alani), Dodonaea viscosa ('a'ali'i), Myoporum sandwicense 
(naio), and introduced grasses (HHP 1991b; HPCC 1991b1, 1991b2).
    The major threats to Hibiscadelphus giffardianus are bark, flower, 
and fruit feeding by roof rats (Rattus rattus); leaf damage in the form 
of stippling and yellowing by Sophonia rufofascia (two-spotted 
leafhopper) and yellowing by the native plant bug Hyalopeplus 
pellucidus; competition from the alien grasses Ehrharta stipoides 
(meadow ricegrass), Paspalum conjugatum (Hilo grass), and Paspalum 
dilatatum (Dallis grass); habitat change from volcanic activity; and a 
risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of existing cultivated 
individuals, all from a single parent (Baker and Allen 1978; M. 
Bruegmann, in litt., 1994; L. Pratt, pers. comm., 1994). Cattle (Bos 
taurus) were known in the area before it became a National Park and 
probably had a large influence on the habitat (Anonymous 1920, Rock 
1913, St. John 1981).
    Rock (Radlkofer and Rock 1911) named Hibiscadelphus hualalaiensis 
after Hualalai, the volcano on which the

[[Page 53140]]

plant was found in 1909 (Rock 1913). This taxonomy was retained in the 
latest treatment of the genus (Bates 1990).
    Hibiscadelphus hualalaiensis, of the mallow family, is a tree 5 to 
7 m (16 to 23 ft) tall with the trunk up to 30 cm (12 in) in diameter 
and whitish bark. The leaf blades are heart-shaped and 10 to 15 cm (4 
to 6 in) long with a broad tip, a notched base, stellate hairs, and 
stalks 4 to 10 cm (1.5 to 4 in) long. One or two flowers are borne in 
the axils of the leaves and have stalks 1.5 to 14 cm (0.6 to 5.5 in) 
long. Five toothlike bracts are borne below each flower and the calyx 
is tubular or pouch-like. The overlapping petals form a curved 
bisymmetrical flower with longer upper petals, typical of bird-
pollinated flowers. The flowers are greenish yellow on the outside and 
yellowish green, fading to purplish within, and 2 to 5.5 cm (0.8 to 2.2 
in) long. The fruit is woody and the seeds have a dense covering of 
hairs. The species differs from others in this endemic Hawaiian genus 
by its flower color, smaller flower size, and toothlike bracts (Baker 
and Allen 1976b, Bates 1990, Degener 1932b, Radlkofer and Rock 1911).
    Hibiscadelphus hualalaiensis was historically known from three 
populations, located in the Puu Waawaa region of Hualalai, on the 
island of Hawaii (HHP 1993c1 to 1993c3; HPCC 1990a, 1991c, 1992a). The 
last known wild tree was in Puu Waawaa I Plant Sanctuary, owned and 
managed by the Department of Land and Natural Resources, State of 
Hawaii. This tree died in 1992, but 12 cultivated trees have been 
planted within the fenced sanctuary (HHP 1993c2; M. Bruegmann, in 
litt., 1994; Joel Lau, HHP, in litt., 1991). In addition, approximately 
ten cultivated plants can be found near the State's Kokia Sanctuary in 
Kaupulehu (HPCC 1990a; Steven Bergfeld, pers. comm., 1994). Cultivated 
individuals were planted in Kipuka Puaulu in HVNP, but were removed to 
prevent further hybridization with the Hibiscadelphus giffardianus 
plants that are native to the kipuka (Baker and Allen 1977, 1978). The 
area where the plants are presently found is surrounded by State land 
that is leased for cattle ranching.
    This species grows in mixed Dry to Mesic Forest remnants on lava 
fields, at elevations between 915 and 1,020 m (3,000 and 3,350 ft) 
(Bates 1990; HHP 1993c3; HPCC 1991c, 1992a). Associated taxa include 
'ohi'a, Diospyros sandwicensis (lama), Sophora chrysophylla (mamane), 
naio, Pouteria sandwicensis ('ala'a), Charpentiera sp. (papala), 
Nothocestrum sp. ('aiea), Claoxylon sandwicense (po'ola), and 
Pennisetum clandestinum (kikuyu grass) (HHP 1993c3; HPCC 1991c, 1992a; 
J. Lau, in litt., 1991).
    The major threats to Hibiscadelphus hualalaiensis are fire; cattle, 
pigs, and sheep (Ovis aries) that may get through the fence; flower and 
seed feeding by roof rats; competition from alien plants such as kikuyu 
grass and Lantana camara (lantana); ranching activities; habitat change 
from volcanic activity; and a risk of extinction from naturally 
occurring events and/or reduced reproductive vigor due to the small 
number of known cultivated individuals from a single parent (Anonymous 
1920; Baker and Allen 1978; HHP 1993c3; HPCC 1991c, 1992a; M. 
Bruegmann, in litt., 1994).
    Based on a specimen he collected in 1911 in Kipuka Puaulu, on the 
island of Hawaii, Rock (1913) described Pelea zahlbruckneri, in honor 
of Dr. A. Zahlbruckner, director of the Botanical Museum in Vienna. 
Pelea has since been submerged into Melicope, creating the combination 
Melicope zahlbruckneri (Stone et al. 1990).
    Melicope zahlbruckneri, of the citrus family (Rutaceae), is a 
medium-sized tree 10 to 12 m (33 to 40 ft) tall. New growth is covered 
with yellowish brown, fine, short, curly hairs. The opposite, stalked, 
elliptically oblong leaves are 6 to 24 cm (2.4 to 9.5 in) long and 4 to 
12.5 cm (1.6 to 4.9 in) wide, with well defined lateral veins. Clusters 
of two to five flowers have main flowering stalks 15 to 20 cm (5.9 to 
7.9 in) long and each flower has a stalk about 0.4 cm (0.2 in) long. 
Female flowers consist of four sepals about 1.5 mm (0.05 in) long, four 
petals about 3 mm (0.1 in) long, an eight-lobed nectary disk, eight 
reduced and nonfunctional stamens, and a hairless four-celled ovary. 
Male flowers consist of four sepals 3.5 mm (0.01 in) long, four petals 
about 6 mm (0.2 in) long, and eight functional stamens in two whorls 
equal to or longer than the petals. The fruit is squarish, 12 to 14 mm 
(0.4 to 0.5 in) long, and up to 30 mm (1.2 in) wide. Melicope 
zahlbruckneri is distinguished from other species of the genus by its 
branching habit, large leaves, and very large, squarish capsules (Rock 
1913, Stone 1969, Stone et al. 1990).
    Historically, Melicope zahlbruckneri was known only from the island 
of Hawaii near Glenwood, in Kipuka Puaulu, and at Moaula in Kau 
(Degener 1930, HHP 1991c1 to 1991c3, HPCC 1991d, Rock 1913, Stone 1969, 
Stone et al. 1990). Today, the species is known to be extant only in 
Kipuka Puaulu, on land owned by HVNP, with 30 to 35 individuals 
remaining (HHP 1991c2; HPCC 1991d; L. Pratt, pers. comm., 1994). The 
species is reproducing at this fenced site, and juvenile plants are 
present (L. Pratt, pers. comm., 1994). This species is found in koa- 
and 'ohi'a-dominated Montane Mesic Forest at elevations between 1,195 
and 1,300 m (3,920 and 4,265 ft) (HHP 1991c2, HPCC 1991d, Stone et al. 
1990). Associated taxa include pilo, a'e, mamaki, kopiko, olopua, naio, 
Pisonia sp. (papala), several species of Melicope (alani), ho'i'o, 
'a'ali'i, and the introduced grasses, meadow ricegrass, Hilo grass, and 
Dallis grass (HHP 1991c2; HPCC 1991d; M. Bruegmann, in litt., 1994; L. 
Pratt, pers. comm., 1994).
    The major threats to Melicope zahlbruckneri are the two-spotted 
leafhopper; competition from introduced grasses (meadow ricegrass, Hilo 
grass, and Dallis grass); habitat change due to volcanic activity; 
potential fruit damage by rats; and a risk of extinction from naturally 
occurring events and/or reduced reproductive vigor due to the small 
number of individuals in the one remaining population (HPCC 1991d; M. 
Bruegmann, in litt., 1994; L. Pratt, pers. comm., 1994).
    Neraudia pyrifolia was named by Charles Gaudichaud-Beaupre from 
material he collected in the early 1800's on the island of Hawaii 
(Cowan 1949). This name was determined to be invalidly published, 
lacking an adequate description. Gaudichaud-Beaupre named Neraudia 
ovata from an additional specimen, and this has been maintained in the 
current taxonomic treatment for the species. H.A. Weddell considered 
this taxon a variety of Neraudia melastomifolia, but this has not been 
upheld by other taxonomists. S.L. Endlicher and E.G. Steudel placed 
this species in the genus Boehmeria, but the current taxonomic 
treatment maintains Neraudia as an endemic Hawaiian genus. Harold St. 
John named a new species, Neraudia cookii, from a collection by David 
Nelson on Cook's 1779 voyage to Hawaii (St. John 1976). That specimen 
is considered to be Neraudia ovata in the current taxonomic treatment 
(Cowan 1949, Wagner et al. 1990).
    Neraudia ovata, of the nettle family (Urticaceae), is a sprawling 
or rarely erect shrub to a small tree, with stems 1 to 3 m (3 to 10 ft) 
long, and branches bearing short, somewhat erect hairs. The alternate, 
thin, stalked leaves are smooth-margined, grayish on the undersurface, 
5 to 14 cm (2 to 5.5 in) long and 2 to 6.5 cm (0.8 to 2.6 in) wide, and 
have spreading, curved, nearly translucent hairs. Male and female 
flowers are found on separate plants. Male flowers have extremely short

[[Page 53141]]

stalks and a densely hairy calyx. Female flowers have no stalks and a 
densely hairy, boat-shaped calyx. The fruit is an achene (a dry one-
seeded fruit that does not open at maturity). This species is 
distinguished from others in this endemic Hawaiian genus by the 
density, length, and posture of the hairs on the lower leaf surface; 
smooth leaf margin; and the boat-shaped calyx of the female flower 
(Cowan 1949, Wagner et al. 1990).
    Historically, Neraudia ovata was found on the island of Hawaii on 
the Kona coast from North Kona to Kau (Cowan 1949; HHP 1991d1 to 
1991d3, 1993d1 to 1993d7; Hillebrand 1888; St. John 1976 and 1981; 
Skottsberg 1944). One extant population of five individuals is known 
from privately owned land in Kaloko, North Kona (Nishida 1993; 
Warshauer and Gerrish 1993; M. Bruegmann, in litt., 1994; Winona Char, 
Char and Associates, in litt., 1995). An additional population of six 
individuals was rediscovered in late 1995 at the boundary of the U.S. 
Army's Pohakuloa Training Area (HHP 1993d4, 1993d5; M. Bruegmann, in 
litt. 1996).
    Neraudia ovata grows in open 'ohi'a- and mamane-dominated Lowland 
and Montane Dry Forests at elevations of 115 m (380 ft) at Kaloko and 
1,325 and 1,520 m (4,350 to 5,000 ft) at Pohakuloa Training Area (HHP 
1993d4, 1993d5; Nishida 1993; M. Bruegmann, in litt., 1994, 1996; R. 
Shaw, in litt. 1996). Associated taxa include Reynoldsia sandwicensis 
('ohe), naio, Cocculus triloba (huehue), Myrsine sp. (kolea), and 
Schinus terebinthifolius (Christmas berry), as well as the federally 
endangered Nothocestrum breviflorum (ai'ae) and Pleomele hawaiiensis 
(hala pepe), and other species of concern, including Capparis 
sandwichiana (pua pilo), Fimbristylis hawaiiensis, and Bidens micrantha 
ssp. ctenophylla (ko'oko'olau) (Nishida 1993; Warshauer and Gerrish 
1993; M. Bruegmann, in litt., 1994, 1996).
    The major threats to Neraudia ovata are heavy browsing and habitat 
modification by feral sheep and goats (Capra hircus); competition from 
alien plants such as Christmas berry, Leucaena leucocephala (koa 
haole), and Pennisetum setaceum (fountain grass); habitat change due to 
volcanic activity; residential development; insects, like spiralling 
whitefly (Aleurodicus dispersus); and a risk of extinction from 
naturally occurring events and/or reduced reproductive vigor due to the 
small number of existing individuals in the two remaining populations 
(Nishida 1993; M. Bruegmann, in litt., 1994, 1996). From a specimen 
collected by James Macrae on Mauna Kea, on the island of Hawaii, 
Bentham named Phyllostegia racemosa in 1830 (Sherff 1935). The current 
treatment of the genus includes E.E. Sherff's (1935) Phyllostegia 
racemosa var. bryanii with Phyllostegia mannii, rather than with this 
species (Wagner et al. 1990).
    Phyllostegia racemosa, of the mint family (Lamiaceae), is a 
climbing vine with many-branched, square stems and spicy-smelling 
leaves. Leaves are opposite, moderately covered with short, soft hairs, 
dotted with small glands, 3.4 to 6 cm (1.3 to 2.4 in) long, and 1.4 to 
4.3 cm (0.6 to 1.7 in) wide, with shallow, rounded teeth. The leaf 
stalks are densely covered with short hairs. Flower clusters, densely 
covered with short soft hairs, are comprised of 6 to 12 flowers with 
individual flower stalks 1 to 3 mm (0.04 to 0.12 in) long and leaflike 
bracts. The green bell-shaped calyx is about 3.5 to 5 mm (0.1 to 0.2 
in) long, covered with glands, and has triangular lobes. The white 
corolla is two-lipped, with a tube about 7 to 10 mm (0.3 to 0.4 in) 
long, upper lip 2 to 2.5 mm (0.08 to 0.1) long, and lower lip 4 to 5 mm 
(0.16 to 0.2 in) long. Fruits are divided into four nutlets about 1.5 
to 2 mm (0.06 to 0.08 in) long. This species is distinguished from 
others in this genus by its leaf shape, lack of a main stalk to the 
flower clusters, and calyx teeth that are rounded and shallow 
(Hillebrand 1888, Sherff 1935, Wagner et al. 1990).
    Historically, Phyllostegia racemosa was found only on the island of 
Hawaii in the Hakalau and Saddle Road areas of Mauna Kea and the 
Kulani/Keauhou and Kipuka Ahiu areas of Mauna Loa (Clarke et al. 1983; 
HHP 1990a1, 1991a2, 1991e1 to 1991e4; Pratt and Cuddihy 1990; Sherff 
1935, 1951; Jack Jeffrey, USFWS, in litt., 1993; Jaan Lepson, 
University of Hawaii (UH), in litt., 1990). Today, four populations of 
the species are known to occur on private and State lands in the 
Kulani/Keauhou area, on Federal land managed as the Hakalau National 
Wildlife Refuge, and in Hawaii Volcanoes National Park. Together, these 
four populations comprise 25 to 45 individuals (HHP 1991e1, 1991e4; 
HPCC 1991d; J. Jeffrey, in litt., 1993; J. Lepson, in litt., 1993; J. 
Jeffrey, pers. comm., 1994; L. Pratt, pers. comm., 1995).
    Phyllostegia racemosa is typically found epiphytically in disturbed 
koa-, 'ohi'a-, and hapu`u-dominated Montane Mesic or Wet Forests at 
elevations between 1,400 and 1,850 m (4,650 to 6,070 ft). Associated 
taxa include Vaccinium calycinum (ohelo), Rubus hawaiiensis (akala), 
and Dryopteris wallichiana (Clarke et al. 1983; HHP 1991e1, 1991e4; 
HPCC 1991e; Wagner et al. 1990; J. Jeffrey, in litt., 1993).
    The major threats to Phyllostegia racemosa are habitat disturbance 
by feral pigs and cattle; logging; competition from alien plant taxa, 
such as banana poka, kikuyu grass, Anthoxanthum odoratum (sweet 
vernalgrass), and Paspalum urvillei (Vasey grass); habitat change due 
to volcanic activity; and a risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the small number of 
existing populations and individuals (Clarke et al. 1983; HHP 1991e1, 
1991e4; HPCC 1991e; Pratt and Cuddihy 1990).
    Based on a specimen collected on Mauna Kea by the U.S. Exploring 
Expedition in 1840, Sherff described a new variety of Phyllostegia 
macrophylla, variety velutina, named for its velvety leaves and stems 
(Sherff 1935). St. John (1987b) determined that this entity was 
sufficiently different to constitute a separate species, Phyllostegia 
velutina, which has been maintained in the current treatment of the 
genus (Wagner et al. 1990).
    Phyllostegia velutina, of the mint family, is a climbing vine with 
dense, backward-pointing hairs on the leaves and square stems. The 
hairs are silky on the opposite, narrow, toothed leaves, which are 9.2 
to 17.5 cm (3.6 to 6.9 in) long and 2.5 to 5 cm (1 to 2 in) wide. Six 
to 10 flowers are borne in an unbranched inflorescence with conspicuous 
leaflike bracts. The green bell-shaped calyx is 6 to 7 mm (0.2 to 0.3 
in) long, densely covered with upward-pointing hairs, and has 
triangular lobes. The white corolla is densely covered with upward-
pointing hairs and is two-lipped, with a slightly curved tube about 12 
mm (0.4 in) long, upper lip 5 to 7 mm (0.2 to 0.3 in) long, and lower 
lip 4 to 5 mm (0.1 to 0.2 in) long. Fruits are divided into four 
nutlets about 4 to 5 mm (0.1 to 0.2 in) long. This species is 
distinguished from others in this genus by its silky hairs, lack of a 
main stalk to the flower clusters, and calyx teeth that are narrow and 
sharply pointed (Sherff 1935, Wagner et al. 1990).
    Historically, Phyllostegia velutina occurred on the island of 
Hawaii on the southern slopes of Hualalai and the eastern, western, and 
southern slopes of Mauna Loa (Clarke et al. 1983, HHP 1991f1 to 1991f4, 
Sherff 1935, Wagner et al. 1990). Three extant populations are known to 
occur at Puu Waawaa on a State-owned wildlife sanctuary, in Honuaula 
Forest Reserve on State-owned land, and at Kulani/Keauhou on a State-
owned correctional facility and

[[Page 53142]]

adjacent privately owned land (Clarke et al. 1983; HHP 1991f1; HPCC 
1990b, 1991f, 1992b; S. Bergfeld, in litt., 1995; M. Bruegmann, in 
litt., 1994; Jon Giffin, DOFAW, pers. comm., 1994). Approximately 30 to 
55 plants are known from these three populations (HHP 1991f1; HPCC 
1990b, 1991f, 1992b; S. Bergfeld, in litt., 1995; M. Bruegmann, in 
litt., 1994). A fourth population has been reported from the general 
area of Waiea Tract in South Kona, but the exact location and current 
status of this population are unknown (HHP 1991f2).
    Phyllostegia velutina typically grows in 'ohi'a- and koa-dominated 
Montane Mesic and Wet Forests at elevations between 1,490 and 1,800 m 
(4,900 and 6,000 ft). Associated taxa include hapu`us, Cheirodendron 
trigynum ('olapa), 'ohelo, pilo, Dryopteris wallichiana, akala, mamaki, 
ho'i'o, Myrsine sp. (kolea), and Ilex anomala (kawa'u) (Clarke et al. 
1983; HHP 1991f1; HPCC 1990b, 1991f, 1992b; Wagner et al. 1990).
    Threats to Phyllostegia velutina are habitat damage by cattle, 
feral pigs and sheep; prison facility expansion, road clearing, and 
logging; competition from alien plants, such as kikuyu grass, Rubus 
ellipticus (yellow Himalayan raspberry), Vasey grass, and fountain 
grass; fire; habitat change due to volcanic activity; and a risk of 
extinction from naturally occurring events and/or reduced reproductive 
vigor due to the small number of existing populations and individuals 
(HHP 1991f1; HPCC 1990b, 1991f, 1992b; M. Bruegmann, in litt., 1994).
    Phyllostegia ambigua var. longipes was first collected by J.M. 
Lydgate and named by Hillebrand (1888). The type locality was suggested 
to be ``probably East Maui'' (Hillebrand 1888), but this is assumed to 
be in error since Rock's field notes indicate that he and Lydgate were 
in the Kohala Mountains at the time of that collection (Cuddihy 1982, 
Wagner et al. 1990). E.E. Sherff did not consider Phyllostegia ambigua 
different from Phyllostegia brevidens, and created the combination 
Phyllostegia brevidens var. longipes (Sherff 1935). Based on newly 
collected material, St. John considered this variety sufficiently 
different to warrant designation as the species Phyllostegia warshaueri 
(St. John 1987b). The current treatment has maintained this species 
(Wagner et al. 1990).
    Phyllostegia warshaueri, of the mint family, is either a sprawling 
or climbing vine with end branches turning up, covered with upward-
pointing fine, short hairs on the square stems which are about 1 to 3 m 
(3.3 to 10 ft) long. The opposite, nearly hairless, toothed leaves are 
9.5 to 20 cm (3.7 to 7.9 in) long and 2 to 6.6 cm (0.8 to 2.6 in) wide. 
Six to 14 flowers are borne in an unbranched inflorescence up to 20 cm 
(7.9 in) long with a main stalk 25 to 40 mm (1.0 to 1.6 in) long and 
conspicuous leaflike bracts. The green, hairless, cone-shaped calyx is 
6 to 8 mm (0.2 to 0.3 in) long and has triangular lobes. The corolla is 
white with a dark rose upper lip, sparsely hairy, and has a tube about 
18 to 20 mm (0.7 to 0.8 in) long, upper lip about 6 mm (0.2 in) long, 
and lower lip 12 to 15 mm (0.5 to 0.6) long. Fruits are divided into 
four nutlets about 6 to 7 mm (0.2 to 0.3 in) long. This species is 
distinguished from others in this genus by its long main stalk to the 
flower clusters, toothed leaves, and the distribution of hairs (Sherff 
1935, Wagner et al. 1990).
    Historically, Phyllostegia warshaueri was found only on the island 
of Hawaii, in the Hamakua region on the northern slopes of Mauna Kea 
and in the Kohala Mountains (Clarke et al. 1981; Cuddihy et al. 1982; 
HHP 1991g1 to 1991g3, 1993e). The only known individuals occur in two 
populations in the Kohala Mountains near the Hamakua Ditch Trail in the 
Kohala Mountains, on privately owned land (HPCC 1992c; M. Bruegmann, in 
litt., 1994; D. Ragone and K. Wood, in litt., 1995). The total number 
of individuals is 5 to 10 (D. Ragone and K. Wood, in litt., 1995). This 
species grows in 'ohi'a and hapu'u Montane Wet Forest in which koa or 
olapa may codominate, at elevations between 730 and 1,150 m (2,400 and 
3,770 ft) (Clarke et al. 1981; Cuddihy et al. 1982; HHP 1991g1, 1991g2; 
HPCC 1992c; Wagner et al. 1990). Associated taxa include Sadleria sp. 
('amau), hapu`us, Broussaisia arguta (kanawao), mamaki, Dubautia 
plantaginea (na'ena'e), 'oha wai, ho'i'o, Machaerina angustifolia 
('uki'uki), Cyanea pilosa (haha), and other species of Cyanea (HPCC 
1992c).
    The major threats to Phyllostegia warshaueri are habitat 
destruction by pigs; competition from alien plant taxa, like 
thimbleberry, strawberry guava, Setaria palmifolia (palmgrass), Juncus 
planifolius, and Tibouchina herbacea (glorybush); ditch improvements 
and road clearing; and a risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the small number of 
existing individuals in the one remaining population (HPCC 1992c; M. 
Bruegmann, in litt., 1994).
    Otto and Isabelle Degener named Pleomele hawaiiensis from a 
specimen collected in 1977, which was first validly published in 1980 
(Degener and Degener 1980). Some experts considered this genus to be 
part of the larger genus Dracaena, but this combination is no longer 
used. St. John (1985) distinguished two separate species, Pleomele 
haupukehuensis and P. konaensis, which the current treatment includes 
in Pleomele hawaiiensis (Wagner et al. 1990).
    Pleomele hawaiiensis, of the agave family (Agavaceae), is a 
branching tree, 5 to 6 m (16 to 20 ft) tall, with leaves spirally 
clustered at the tips of branches and leaving large brown leaf scars as 
they fall off. The leaves measure 23 to 38 cm (9 to 15 in) long and 1.4 
to 2.7 cm (0.6 to 1 in) wide. Flowers are numerous in terminal clusters 
with a main stalk 6 to 13 cm (2 to 5 in) long and individual flower 
stalks 5 to 12 mm (0.2 to 0.5 in) long. The three sepals and three 
petals of the flower are similar and pale yellow, 33 to 43 mm (1.3 to 
1.7 in) long, with a constricted base. The fruit is a red berry about 
10 to 13 mm (0.4 to 0.5 in) long. This species differs from other 
Hawaiian species in this genus by its pale yellow flowers, the size of 
the flowers, the length of the constricted base of the flower, and the 
width of the leaves (Degener and Degener 1930, St. John 1985, Wagner et 
al. 1990).
    Historically, Pleomele hawaiiensis was found only on the island of 
Hawaii ranging from Hualalai to Kau (Degener and Degener 1980; HHP 
1991h1 to 1991h8, 1993f1 to 1993f4; HPCC 1991g, 1992d, 1993b; St. John 
1985; Tunison et al. 1991; Wagner et al. 1990). Six to eight 
populations are currently known--one to three in the Puu Waawaa region 
of Hualalai on State-leased and private land; two in the Kaloko/Kaloao 
area on private land; two in the Kapua/Kahuku area on private land; and 
one on Holei Pali within HVNP. These populations total 300 to 400 
individuals (Char 1987; HHP 1991h1, 1991h2, 1991h4, 1991h5, 1993f3, 
1993f4; HPCC 1991g, 1992d, 1993b; Nagata 1984; Nishida 1993; Tunison et 
al. 1991; M. Bruegmann, in litt., 1994, 1996; W. Char, in litt., 1995; 
Samuel Gon III, HHP, in litt., 1992; J. Lau, in litts., 1990 and 1993; 
L. Pratt, in litt., 1994; W. Char, pers. comm., 1994; Clyde Imada, 
Bishop Museum, pers. comm., 1994). The only populations that are 
successfully reproducing are at Kaloko and Holei Pali (M. Bruegmann, in 
litt., 1994). An additional population may exist along the western 
boundary of HVNP, but it has not been revisited recently (L. Pratt, in 
litt., 1995).
    Pleomele hawaiiensis typically grows on open aa lava in diverse 
Lowland Dry Forests at elevations between 300 and 800 m (1,000 and 
2,700 ft) (HHP 1991h1, 1991h2, 1991h4, 1991h5, 1993f3, 1993f4; HPCC 
1991g, 1992d, 1993b; Wagner et al. 1990; S. Gon, in

[[Page 53143]]

litt., 1992; J. Lau, in litts., 1990 and 1993). Associated taxa include 
'ohi'a, lama, mamane, Sydrax odoratum (alahe'e), huehue, naio, olopua, 
Nototrichium sandwicense (kulu'i), Sida fallax ('ilima), Erythrina 
sandwicensis (wiliwili), Santalum sp. ('iliahi), Osteomeles 
anthyllidifolia ('ulei), and fountain grass as a dominant ground cover, 
as well as four federally endangered species (Caesalpinia kavaiensis 
(uhiuhi), Colubrina oppositifolia (kauila), Nothocestrum breviflorum 
(ai'ae)), and Neraudia ovata, and other species of concern, including 
Capparis sandwichiana (pua pilo) and Bidens micrantha ssp. ctenophylla 
(ko'oko'olau) (Char 1987; HHP 1991h2, 1991h4 to 1991h6; HPCC 1991g, 
1992d, 1993b; M. Bruegmann, in litt., 1994; S. Gon, in litt., 1992; J. 
Lau, in litts., 1990 and 1993).
    The major threats to Pleomele hawaiiensis are habitat conversion 
associated with residential and recreational development; habitat 
destruction by cattle, pigs, sheep, and goats; fire (which destroyed a 
large portion of one Puu Waawaa population in 1986); competition from 
alien plant taxa, like fountain grass, koa haole, Christmas berry, and 
lantana; habitat change due to volcanic activity; and the lack of 
reproduction in all but two populations (Char 1987; HHP 1991h2, 1991h4, 
1991h5; HPCC 1991g, 1992d, 1993b; Nagata 1984; M. Bruegmann, in litt., 
1994; J. Lau, in litt., 1990; C. Imada, pers. comm., 1994).
    Donald Hodel (1985) described Pritchardia schattaueri based on a 
specimen collected from plants discovered by George Schattauer in 1957 
(M. Bruegmann, in litt., 1994).
    Pritchardia schattaueri, of the palm family (Arecaceae), is a large 
palm 30 to 40 m (100 to 130 ft) tall with a gray, longitudinally 
grooved trunk 30 cm (12 in) in diameter. Leaves form a spherical crown 
and are sometimes persistent after death. Leaves are fan-shaped, glossy 
green with small brown scales on the lower surface, up to 3.6 m (11.8 
ft) long and 1.7 m (5.6 ft) wide. Flowers are on two- to four-branched 
inflorescences with a main stalk 1.2 to 1.75 m (3.9 to 5.7 ft) long and 
individual branches 1 to 1.4 m (3.2 to 4.6 ft) long. The five bracts 
are lance-shaped, the lowest one 60 cm (2 ft) long, and the uppermost 
one 20 to 30 cm (9 to 12 in) long. The calyx is green, shading to 
yellow-green at the tip, three-toothed, 6 mm (0.2 in) long, and 4 mm 
(0.1 in) wide. Fruits are round or pear-shaped, black with brown spots 
when mature, 3 to 5 cm (1.2 to 2 in) long, and 3 to 4 cm (1.2 to 1.6 
in) wide. This species differs from its closest relative, Pritchardia 
beccariana, by its slender inflorescence branches, more deeply divided 
leaves, and pendulous rather than stiff tips of the leaf blade segments 
(Hodel 1985, Read and Hodel 1990).
    Pritchardia schattaueri is known from 12 individuals in three 
locations in South Kona on the island of Hawaii, on privately owned 
land. Ten individuals are known from a forest partially cleared for 
pasture in Hoomau. Two other individuals are found singly at the edge 
of a macadamia nut farm and in an area owned by a development company. 
Ten seedlings have been planted near the macadamia farm individual (HHP 
1991i1 to 1991i3; HPCC 1992e1, 1992e2; Hodel 1980, 1985; M. Bruegmann, 
in litt., 1994; Donald Hodel, University of California, Los Angeles, in 
litt., 1995).
    Pritchardia schattaueri grows in 'ohi'a-dominated Lowland Mesic 
Forest, at elevations between 600 and 800 m (1,970 to 2,600 ft) (HHP 
1991i1 to 1991i3; HPCC 1992e1, 1992e2; Hodel 1985; Read and Hodel 
1990). Associated taxa include 'ohi'a, olopua, papala, hapu'us, kolea, 
and Pittosporum sp. (ho'awa) (HHP 1991i2; HPCC 1992e1; M. Bruegmann, in 
litt., 1994).
    The major threats to Pritchardia schattaueri are grazing and 
trampling by cattle and feral pigs; competition from alien plant taxa, 
like strawberry guava, common guava, kikuyu grass, Christmas berry, and 
thimbleberry; seed predation by rats; residential and commercial 
development; habitat change due to volcanic activity; and a risk of 
extinction from naturally occurring events and/or reduced reproductive 
vigor due to the small number of existing populations and individuals 
and the lack of successful regeneration (HHP 1991i1 to 1991i3; HPCC 
1992e1, 1992e2; Hodel 1980, 1985; M. Bruegmann, in litt., 1994). Lethal 
yellowing is a disease particular to palms that represents a potential 
threat if the disease ever reaches Hawaii.
    First collected by the U.S. Exploring Expedition of 1840 and 1841, 
and considered a new but unnamed variety of Sicyos cucumerinus by Gray 
in 1854, Sarx alba was named by St. John in 1978, creating Sarx as a 
new genus (St. John 1978, Telford 1990). Ian Telford returned this 
entity to the genus Sicyos, maintaining the species as Sicyos alba 
(Telford 1989).
    Sicyos alba, of the gourd family (Cucurbitaceae), is an annual vine 
up to 20 m (65 ft) long, minutely hairy, and black-spotted. Leaves are 
pale, broadly heart-shaped, shallowly to deeply three- to five-lobed, 7 
to 11 cm (2.8 to 4.3 in) long, and 9 to 12 cm (3.5 to 4.7 in) wide. 
Male and female flowers are borne in separate flower clusters on the 
same plant. Male flower clusters have main stalks 2.5 to 3.7 cm (1 to 
1.5 in) long and individual flower stalks 2 to 4 mm (0.08 to 0.1 in) 
long. The male flowers are white, five-lobed, dotted with glands, and 2 
to 2.5 mm (0.08 to 0.09 in) long. The female flower clusters have two 
to eight flowers, a main stalk 1 to 3.5 cm (0.4 to 1.4 in) long, and no 
stalks on the individual flowers. The flowers are white and four-lobed, 
with the lobes 1.7 to 2 mm (0.07 to 0.08 in) long. The fruit is white, 
fleshy, oblong, 29 to 32 mm (1.1 to 1.3 in) long, and 10 to 11 mm 
(about 0.4 in) wide. This species can be distinguished from its nearest 
relative, Sicyos cucumerinus, by its white fruit without bristles and 
ten or fewer female flowers per cluster (St. John 1978, Telford 1990).
    Historically, Sicyos alba was found only on the island of Hawaii, 
from Mauna Kea, Kilauea, and the Puu Makaala area (HHP 1991j1 to 
1991j4, St. John 1978). Today, the two known populations are restricted 
to Puu Makaala NAR and Olaa Forest Reserve, both on State-owned land in 
the Puna District (HHP 1991j1; HPCC 1991h, 1993c). The number of 
individuals fluctuates from year to year because this species is an 
annual. At last report, only one individual was growing at Puu Makaala 
NAR, but about 20 individuals are known from the Olaa population (HPCC 
1993c; M. Bruegmann, in litt., 1994; Steve Perlman, NTBG, pers. comm., 
1994). A Sicyos collected in HVNP's Olaa Tract may also be this 
species, but the identification is unconfirmed at this time (L. Pratt, 
in litt., 1995).
    Sicyos alba typically grows in 'ohi'a- and hapu`u-dominated Montane 
Wet Forests, at elevations between 975 and 1,130 m (3,200 to 3,720 ft) 
(HHP 1991j1; HPCC 1991h, 1993c; Telford 1990). Associated taxa include 
hapu'u, kawa'u, kanawao, ha'iwale, Stenogyne sp., kopiko, Perrottetia 
sandwicensis (olomea), olapa, ho'i'o, and Cyanea tritomantha (haha) 
(HHP 1991j1; HPCC 1991h, 1993c; M. Bruegmann, in litt., 1994).
    The major threats to Sicyos alba are habitat damage by feral pigs; 
trail clearing; competition from alien plant taxa, like banana poka, 
palmgrass, strawberry guava, and yellow Himalayan raspberry; habitat 
change due to volcanic activity; and a risk of extinction from 
naturally occurring events and/or reduced reproductive vigor due to the 
small number of existing individuals (HHP 1991j1; HPCC 1991h, 1993c).
    Horace Mann described Zanthoxylum dipetalum in 1867, and Rock named 
a new variety Zanthoxylum dipetalum

[[Page 53144]]

var. tomentosum, based on a specimen he collected at Puu Waawaa on 
Hualalai, on the island of Hawaii, in 1909 (Rock 1913). The specific 
epithet refers to the dense covering of soft hairs on the undersurface 
of the leaflets. Some authors have placed Hawaiian taxa in the genus 
Fagara, resulting in F. dipetala var. tomentosa (Stone et al. 1990). 
However, Zanthoxylum dipetalum var. tomentosum is maintained in the 
current treatment of the Hawaiian species (Stone et al. 1990).
    Zanthoxylum dipetalum var. tomentosum, of the citrus family, is a 
thornless tree 4 to 15 m (13 to 49 ft) tall with a trunk up to 30 cm 
(12 in) in diameter. It has alternate leaves comprised of three to 
seven leathery, elliptical, gland-dotted, smooth-edged leaflets usually 
6 to 36 cm (2.4 to 12 in) long and 2.5 to 13.5 cm (1 to 5.3 in) wide. 
The undersurface of the leaflets is densely covered with fine, short 
hairs, and the lowest pair of leaflets is often strongly reduced. The 
stalks of the side leaflets have one joint each, and the stalk of the 
terminal leaflet has two joints. Flowers are usually either male or 
female, and usually only one sex is found on a single tree. Clusters of 
5 to 15 flowers, 9 to 18 mm (0.4 to 0.7 in) long, have a main flower 
stalk 10 to 40 mm (0.4 to 1.6 in) long and individual flower stalks 3 
to 8 mm (0.1 to 0.3 in) long. Each flower has four broadly triangular 
sepals about 1 to 1.5 mm (0.04 to 0.06 in) long and two or four 
yellowish white petals, sometimes tinged with red, 6 to 10 mm (0.2 to 
0.4 in) long. The fruit is an oval follicle (dry fruit that opens along 
one side) 15 to 33 mm (0.6 to 1.3 in) long, containing one black seed 
about 10 to 26 mm (0.4 to 1 in) long. This variety is distinguished 
from Zanthoxylum dipetalum var. dipetalum by the hairs on the 
undersurface of the leaflets. It is distinguished from other Hawaiian 
species of the genus by its reduced lower leaflets, the presence of 
only one joint on some of the leaflet stalks, and the large seeds (Rock 
1913, Stone et al. 1990).
    Only one population of Zanthoxylum dipetalum var. tomentosum has 
ever been known, located at Puu Waawaa on Hualalai, on the island of 
Hawaii (HHP 1993g, Rock 1913, Stone et al. 1990). Approximately 24 
individuals are now known, scattered through the area (HHP 1993g; HPCC 
1991i, 1993d; M. Bruegmann, in litt., 1994; J. Giffin, in litt., 1992; 
J. Lau, in litt., 1992).
    Zanthoxylum dipetalum var. tomentosum grows in degraded 'ohi'a-
dominated Montane Mesic Forest, often on aa lava, at elevations between 
915 and 1,040 m (3,000 and 3,400 ft) (M. Bruegmann, in litt., 1994). 
Associated species include mamane, lama, 'ala'a, 'iliahi, 'ohe, kolea, 
and kopiko (HHP 1993g; HPCC 1993d).
    Threats to Zanthoxylum dipetalum var. tomentosum include browsing, 
trampling, and habitat disturbance by cattle, feral pigs, and sheep; 
competition from alien plant species, such as kikuyu grass, fountain 
grass, lantana, koa haole, and Grevillea robusta (silk oak); habitat 
change due to volcanic activity; and fire (HHP 1993g; HPCC 1993d; M. 
Bruegmann, in litt., 1994; J. Lau, in litt., 1992). In addition, the 
species is threatened by a risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the small number of 
existing individuals in only one population.

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Act, which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Clermontia drepanomorpha, Cyanea platyphylla (as C. bryanii), 
Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, Melicope 
zahlbruckneri (as Pelea zahlbruckneri), and Neraudia ovata were 
considered to be endangered. Zanthoxylum dipetalum var. tomentosum was 
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 species named therein. As a result of 
that review, on June 16, 1976, the Service published a proposed rule in 
the Federal Register (41 FR 24523) to determine endangered status 
pursuant to section 4 of the Act for approximately 1,700 vascular plant 
species, including all of the above species 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 updated notices of review for plants on December 15, 1980 (45 
FR 82479), September 27, 1985 (50 FR 39525), February 21, 1990 (55 FR 
6183), September 30, 1993 (58 FR 51144), and February 28, 1996 (61 FR 
7596). All of the taxa in this final rule (including synonymous taxa) 
have at one time or another been considered either category 1 or 
category 2 candidates for Federal listing. Category 1 species are those 
for which the Service has on file substantial information on biological 
vulnerability and threats to support preparation of listing proposals 
but for which listing proposals have not been 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 to support proposed rules. 
Hibiscadelphus giffardianus and Hibiscadelphus hualalaiensis were 
considered category 1 candidates on all five notices of review; 
Clermontia drepanomorpha, Neraudia ovata, and Pleomele hawaiiensis 
(including the synonym Dracaena hawaiiensis) were considered category 1 
species in the 1980, 1983, and 1985 notices and category 2 species in 
the 1990 and 1993 notices. Cyanea platyphylla (as Cyanea bryanii and 
Cyanea fernaldii) was considered a category 1 species in the 1980, 
1983, and 1985 notices, but was removed from consideration as a 
candidate in 1990 when C. bryanii and C. fernaldii were synonymized. 
The resulting taxon, Cyanea platyphylla, was thought to be more common 
than previous records indicated. Current information indicates that 
removing this taxon from consideration for listing was inappropriate. 
Melicope zahlbruckneri appeared as a category 1 candidate in the 1985 
notice (as Pelea zahlbruckneri). This taxon was transferred into the 
genus Melicope and its status was changed to category 2 in the 1990 
notice. Pritchardia schattaueri was considered a category 2 species in 
the 1985, 1990, and 1993 notices. Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Sicyos alba, and Zanthoxylum 
dipetalum var. tomentosum all first appeared in the 1990 notice, and 
again

[[Page 53145]]

in 1993, as category 2 species. Designation of Category 2 species was 
discontinued in the February 28, 1996, notice (61 FR 7596).
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on petitions that present substantial information indicating 
the petitioned action may be warranted within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further requires all 
petitions pending on October 13, 1982, be treated as having been newly 
submitted on that date. On October 13, 1983, the Service found that the 
petitioned listing of these taxa was warranted, but precluded by other 
pending listing actions, in accordance with section 4(b)(3)(B)(iii) of 
the Act; notification of this finding was published on January 20, 1984 
(49 FR 2485). Such a finding requires the Service to consider the 
petition as having been resubmitted, pursuant to section 4(b)(3)(C)(i) 
of the Act. The finding was reviewed in October of 1984, 1985, 1986, 
1987, 1988, 1989, 1990, 1991, 1992, and 1993. The proposed rule 
published on September 25, 1995 (60 FR 49377) to list these 13 plant 
taxa as endangered species constituted the final 12-month finding for 
these species.
    Based on comments received in response to the proposal (see 
Comments and Recommendations below), the Service now determines 
Clermontia drepanomorpha, Cyanea platyphylla, Hibiscadelphus 
giffardianus, Hibiscadelphus hualalaiensis, Melicope zahlbruckneri, 
Neraudia ovata, Phyllostegia racemosa, Phyllostegia velutina, 
Phyllostegia warshaueri, Pleomele hawaiiensis, Pritchardia schattaueri, 
Sicyos alba, and Zanthoxylum dipetalum var. tomentosum to be 
endangered.

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 November 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 ``Honolulu Advertiser'', the ``Kauai Times'', and 
the ``Hawaii Herald Tribune'' on October 18, 1995.
    Comments were received from nine parties. Five parties supported 
the listing of these 13 plant species as endangered species and three 
only included an acknowledgement of receiving a copy of the proposed 
rule. Four of the comments included additional information on the 
numbers of individuals and populations for some of the 13 plant 
species. This information has been incorporated into this final rule.
    The Service also solicited the expert opinions of four appropriate 
and independent specialists regarding pertinent scientific or 
commercial data and assumptions relating to the taxonomy, population 
models, and biological and ecological information for these 13 species. 
Two responses from the specialists were received, and their comments on 
the numbers of individuals and populations of six species were 
incorporated into this final rule.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act and regulations (50 CFR 
part 424) issued to implement the listing provisions of the Act set 
forth the criteria for adding species to the Federal lists. A species 
may be determined to be an endangered species due to one or more of the 
five factors described in section 4(a)(1). The threats facing these 13 
taxa are summarized in Table 1.

                                                              Table 1.--Summary of Threats                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Alien mammals                                                                                        
              Species              --------------------------------------------  Disease/     Alien     Fire     Natural     Human     Limited numbers *
                                     Cattle    Pigs    Rats    Sheep    Goats     insects    plants             disasters   impacts                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
Clermontia drepanomorpha..........  ........      X       X   .......  .......  ..........        X   .......          P          X   X1                
Cyanea platyphylla................  ........      P       P   .......  .......  ..........        X   .......          X          X   X1,3              
Hibiscadelphus giffardianus.......  ........  ......      X   .......  .......          X         X        X           X   .........  X1,3,4            
Hibiscadelphus hualalaienis.......        P       P       X        P   .......  ..........        X        X           X          X   X1,3,4            
Melicope zahlbruckneri............  ........  ......      P   .......  .......          X         X   .......          X   .........  X1,3              
Neraudia ovata....................  ........  ......  ......       X        X           X         X   .......          X          X   X1,3              
Phyllostegia racemosa.............        X       X   ......  .......  .......  ..........        X   .......          X          X   X1,3              
Phyllostegia velutina.............        X       X   ......       X   .......  ..........        X        X           X          X   X1,3              
Phyllostegia warshaueri...........  ........      X   ......  .......  .......  ..........        X   .......  ..........         X   X1,2              
Pleomele hawaiiensis..............        X       X   ......       X        X   ..........        X        X           X          X   ..................
Pritchardia schattaueri...........        X       X       X   .......  .......          P         X   .......          X          X   X1,3              
Sicyos alba.......................  ........      X   ......  .......  .......  ..........        X   .......          X          X   X1,2              
Zanthoxylum dipetalum var.                X       X   ......       X   .......  ..........        X        X           X          X   X1,3              
 tomentosum.                                                                                                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
KEY: X = Immediate and significant threat. P = Potential threat. * = No more than 100 known individuals and/or no more than 5 known populations. 1 = No 
  more than 5 known populations. 2 = No more than 10 known individuals. 3 = No more than 100 known individuals. 4 = All original wild populations       
  extinct; planted individuals only.                                                                                                                    

    These factors and their application to Clermontia drepanomorpha 
Rock ('oha wai), Cyanea platyphylla (A. Gray) Hillbr. (haha), 
Hibiscadelphus giffardianus Rock (hau kuahiwi), Hibiscadelphus 
hualalaiensis Rock (hau kuahiwi), Melicope zahlbruckneri Rock (alani), 
Neraudia ovata Gaud. (no common name (NCN)), Phyllostegia racemosa 
Benth. (kiponapona), Phyllostegia velutina (Sherff) St. John (NCN), 
Phyllostegia warshaueri St. John (NCN), Pleomele hawaiiensis Degener 
and I. Degener (hala pepe), Pritchardia schattaueri Hodel (loulu), 
Sicyos alba (St. John) Telford ('anunu), and Zanthoxylum dipetalum var. 
tomentosum Rock (a'e) 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, commercial,

[[Page 53146]]

and urban development; and recreational use. Natural disturbances such 
as volcanic activity also destroy habitat and can have a significant 
effect on small populations of plants. Competition with alien plants as 
well as destruction of plants and modification of habitat by introduced 
animals are the primary threats facing all of taxa in this final rule 
(See Table 1.).
    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 watersheds could be 
conserved.
    Past and present activities of introduced alien mammals are the 
primary factors in altering and degrading vegetation and habitats on 
the island of Hawaii where populations of the 13 species occur. Feral 
ungulates trample and eat native vegetation and disturb and open areas. 
This causes erosion and allows the entry of alien plant taxa (Cuddihy 
and Stone 1990, Wagner et al. 1990). Eleven taxa in this proposal are 
directly threatened by habitat degradation resulting from introduced 
ungulates: six taxa are threatened by cattle, two taxa by goats, ten by 
pigs, and five by sheep.
    Cattle (Bos taurus), the wild progenitor of which was native to 
Europe, northern Africa, and southwestern Asia, were introduced to the 
Hawaiian Islands in 1793. Large feral herds developed as a result of 
restrictions on killing cattle decreed by King Kamehameha I. While 
small cattle ranches were developed on Kauai, Oahu, and West Maui, very 
large ranches of tens of thousands of acres were created on East Maui 
and Hawaii. Much of the land used in these private enterprises was 
leased from the State or was privately owned and considered Forest 
Reserve and/or Conservation District land. Feral cattle can presently 
be found on the island of Hawaii, and ranching is still a major 
commercial activity there. Hunting of feral cattle is no longer allowed 
in Hawaii (Hawaii Department of Land and Natural Resources (DLNR) 
1985). Cattle eat native vegetation, trample roots and seedlings, cause 
erosion, create disturbed areas into which alien plants invade, and 
spread seeds of alien plants in their feces and on their bodies. The 
forest in areas grazed by cattle becomes degraded to grassland pasture, 
and plant cover is reduced for many years following removal of cattle 
from an area. Several alien grasses and legumes purposely introduced 
for cattle forage have become noxious weeds (Cuddihy and Stone 1990, 
Tomich 1986).
    The habitats of many of these 13 plants were degraded in the past 
by feral cattle, and this has had effects which still persist. Some 
taxa in this final rule that are still directly affected by cattle 
include: Phyllostegia racemosa, Phyllostegia velutina, Pleomele 
hawaiiensis, Pritchardia schattaueri, and Zanthoxylum dipetalum var. 
tomentosum. The Hibiscadelphus hualalaiensis site is currently fenced 
to exclude cattle and pigs, but these alien mammals constitute a 
potential threat to this taxon if the fencing is not monitored and 
maintained (HHP 1991i2, 1993g; HPCC 1991e, 1991i, 1992d, 1992e1, 1993b, 
1993d; Hodel 1980, 1985; Pratt and Cuddihy 1990; M. Bruegmann, in 
litt., 1994; J. Jeffrey, pers. comm., 1994).
    Pigs (Sus scrofa) are originally native to Europe, northern Africa, 
Asia Minor, and Asia. European pigs, introduced to Hawaii by Captain 
James Cook in 1778, became feral and invaded forested areas, especially 
wet and mesic forests and dry areas at high elevations. They are 
currently present on Kauai, Oahu, Molokai, Maui, and Hawaii and inhabit 
rain forests and grasslands. Pig hunting is allowed on all islands 
either year-round or during certain months, depending on the area 
(Hawaii DLNR n.d., 1985). While rooting in the ground in search of the 
invertebrates and plant material they eat, feral pigs disturb and 
destroy vegetative cover, trample plants and seedlings, and threaten 
forest regeneration by damaging seeds and seedlings. They disturb soil 
substrates and cause erosion, especially on slopes. Alien plant seeds 
are dispersed in their hooves and coats as well as through their 
digestive tracts, and the disturbed soil is fertilized by their feces, 
helping establish these plants (Cuddihy and Stone 1990, Smith 1985, 
Stone 1985, Tomich 1986, Wagner et al. 1990). Feral pigs pose an 
immediate threat to one or more populations of the following taxa: 
Clermontia drepanomorpha, Phyllostegia racemosa, Phyllostegia velutina, 
Phyllostegia warshaueri, Pleomele hawaiiensis, Pritchardia schattaueri, 
Sicyos alba, and Zanthoxylum dipetalum var. tomentosum. The Cyanea 
platyphylla population is currently fenced to exclude pigs and the 
Hibiscadelphus hualalaiensis site to exclude pigs and cattle, but these 
alien mammals still pose a potential threat to these taxa if fencing is 
not monitored and maintained (Clarke et al. 1983; HHP 1991e1, 1991e4, 
1991j1; HPCC 1990b, 1991a, 1991f, 1991h, 1992a to 1992d, 1993a, 1993c; 
Pratt and Cuddihy 1990; M. Bruegmann, in litt., 1994; J. Jeffrey and L. 
Pratt, pers. comms., 1994).
    Goats (Capra hircus), originally native to the Middle East and 
India, were successfully introduced to the Hawaiian Islands in 1792, 
and currently there are populations on Kauai, Oahu, Molokai, Maui, and 
Hawaii. On Hawaii, goats damage low-elevation dry forest, montane 
parkland, subalpine woodlands, and alpine grasslands. Goats are managed 
in Hawaii as a game animal, but many herds populate inaccessible areas 
where hunting has little effect on their numbers. Goat hunting is 
allowed year-round or during certain months, depending on the area 
(Hawaii DLNR n.d., 1985). Goats browse on introduced grasses and native 
plants, especially in drier and more open ecosystems. They also trample 
roots and seedlings, cause erosion, and promote the invasion of alien 
plants. They are able to forage in extremely rugged terrain and have a 
high reproductive capacity (Cuddihy and Stone 1990, Culliney 1988, 
Tomich 1986). Neraudia ovata and Pleomele hawaiiensis are currently 
threatened by goats (Char 1987; HPCC 1993b; M. Bruegmann, in litt., 
1996).
    Sheep (Ovis aries) have become established on the island of Hawaii 
(Tomich 1986) since their introduction almost 200 years ago (Cuddihy 
and Stone 1990). Sheep roam the upper elevation dry forests of Hualalai 
(above 1,000 m (3,300 ft)), causing damage similar to that of goats 
(Stone 1985). Sheep have decimated vast areas of native forest and 
shrubland on Mauna Kea and continue to do so as a managed game species. 
Sheep threaten the habitat of the following plant species in this final 
rule: Hibiscadelphus hualalaiensis, Neraudia ovata, Phyllostegia 
velutina, Pleomele hawaiiensis, and Zanthoxylum dipetalum var. 
tomentosum (Cuddihy and Stone 1990; Stone 1985; M. Bruegmann, in litt., 
1994, 1996).
    Land development for housing and commercial activities threatens 
Neraudia ovata, Pleomele hawaiiensis, and Pritchardia schattaueri since 
individuals of these species grow on private land that may be developed 
(Char 1987; HHP 1991j1; HPCC 1992e2; Nagata 1984; M. Bruegmann, in 
litt., 1994). In addition, the populations of

[[Page 53147]]

Phyllostegia velutina within the Kulani Correctional Facility are 
potentially threatened by expansion of the prison facilities (M. 
Bruegmann, in litt., 1994). Clermontia drepanomorpha and Phyllostegia 
warshaueri are threatened by irrigation ditch improvements (HHP 1993a1, 
HPCC 1993a, HPCC 1992c). Phyllostegia racemosa is threatened by logging 
operations (Pratt and Cuddihy 1990).
    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 13 taxa. This 
is a threat to Pleomele hawaiiensis because little regeneration is 
occurring in the wild. All of the other 12 taxa in this final rule are 
also threatened by overcollection, since each taxon comprises 1 to 3 
populations and 100 or fewer known individuals, or exist only as 
cultivated individuals. Any collection of whole plants or reproductive 
parts of any of these species could cause an adverse impact on the gene 
pool and threaten the survival of the species.
    C. Disease or predation. Pigs, cattle, goats, or sheep have been 
reported in areas where populations of most of the 13 taxa occur. 
Extensive browse damage from goats and/or sheep was observed on all 
individuals of the newly rediscovered population of Neraudia ovata in 
Pohakuloa Training Area, and numerous seedlings were completely 
defoliated (M. Bruegmann, in litt., 1996). As the other 12 taxa are not 
known to be unpalatable to these ungulates, predation is a probable 
threat where those animals have been reported, potentially affecting 
the following taxa: Clermontia drepanomorpha, Cyanea platyphylla, 
Hibiscadelphus hualalaiensis, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Pleomele hawaiiensis, Pritchardia 
schattaueri, Sicyos alba, and Zanthoxylum dipetalum var. tomentosum. 
The lack of seedling production or survival in two of the taxa 
(Pleomele hawaiiensis and Pritchardia schattaueri) and the occurrence 
of some populations or taxa only in areas inaccessible to ungulates 
seem to indicate the effect that browsing mammals, especially cattle 
and goats, have had in restricting the distribution of these plants.
    Of the four species of rodents which have been introduced to the 
Hawaiian Islands, the species with the greatest impact on the native 
flora and fauna is probably Rattus rattus (roof or black rat), which 
now occurs on all the main Hawaiian Islands around human habitations, 
in cultivated fields, and in dry to wet forests. Roof rats, and to a 
lesser extent Mus musculus (house mouse), R. exulans (Polynesian rat), 
and R. norvegicus (Norway rat), eat the fruits of some native plants, 
especially those with large, fleshy fruits. Many native Hawaiian plants 
produce their fruit over an extended period of time, and this produces 
a prolonged food supply which supports rodent populations (Cuddihy and 
Stone 1990). Rats damage fruit of Pritchardia schattaueri and fruits, 
flowers, and bark of Hibiscadelphus giffardianus and Hibiscadelphus 
hualalaiensis (Baker and Allen 1978; HPCC 1992e2; M. Bruegmann, in 
litt., 1994; L. Pratt, pers. comm., 1994). Rats probably feed on the 
fruits of Cyanea platyphylla and Melicope zahlbruckneri (M. Bruegmann, 
in litt., 1994; L. Pratt, pers. comm., 1994). Girdling by rats has been 
observed for Clermontia drepanomorpha (Bruegmann 1990).
    Sophonia rufofascia (two-spotted leafhopper) is a recently 
introduced insect that causes feeding damage on leaves, typically in 
the form of stippling and yellowing. In addition to mechanical feeding 
damage, this insect may introduce a plant virus. It is suspected of 
causing severe dieback of the native fern Dicranopteris linearis 
(uluhe) and economic damage to crops and ornamental plants in Hawaii. 
The two-spotted leafhopper is a threat to Hibiscadelphus giffardianus 
and Melicope zahlbruckneri (M. Bruegmann, in litt., 1994; Adam Asquith, 
USFWS, pers. comm., 1994).
    The native plant bug, Hyalopeplus pellucidus, was found feeding and 
breeding on Hibiscadelphus giffardianus. Leaf yellowing is caused by 
this insect, which has been known to achieve large populations and 
cause economic damage to some crops (M. Bruegmann, in litt., 1994; A. 
Asquith, pers. comm., 1994).
    Aleurodicus dispersus (spiralling whitefly) was first collected on 
Oahu in 1978 (Nakahara 1981). Spiralling whitefly is a threat to 
Neraudia ovata (M. Bruegmann, in litt., 1994).
    Some species of Pritchardia are known to be susceptible to lethal 
yellowing, which is a bacterium-like organism producing disease in many 
palms. This disease is not yet reported in Hawaii, but if it were ever 
accidentally introduced on plant material brought into the State, it 
would be a potential threat to Pritchardia schattaueri. In addition, 
cultivated Pritchardia specimens in areas outside Hawaii may be 
affected by the disease (Hull 1980).
    D. The inadequacy of existing regulatory mechanisms. Seven of the 
13 taxa in this final rule have populations located on privately owned 
land. Pritchardia schattaueri is the only plant of the 13 taxa 
exclusively on private land. The following taxa occur exclusively on 
State land--Cyanea platyphylla, Hibiscadelphus hualalaiensis, and 
Zanthoxylum dipetalum var. tomentosum. Two of these taxa, 
Hibiscadelphus hualalaiensis and Zanthoxylum dipetalum var. tomentosum, 
are found exclusively on State land leased to a private ranch. Four of 
the taxa (Clermontia drepanomorpha, Cyanea platyphylla, Phyllostegia 
velutina, and Sicyos alba) have one or more populations located in 
State NARs or a State wildlife sanctuary, which have rules and 
regulations for the protection of resources (Hawaii DLNR 1981; HRS, 
sects. 183D-4, 184-5, 195-5, and 195-8). However, most of these areas 
still support large populations of pigs maintained for sport hunting 
(M. Bruegmann, in litt., 1994).
    One or more populations of 9 of the 13 taxa are 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. 
Activities permitted in conservation districts are chosen by 
considering how best to make a multiple use of the land (HRS, sect. 
205-2). Some uses, such as maintaining animals for hunting, are based 
on policy decisions, while others, such as preservation of endangered 
species, are mandated by 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). For any proposed land use change which will 
occur on county or State land, will be 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

[[Page 53148]]

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)). However, despite the existence of such State 
laws and regulations which give protection to Hawaii's native plants, 
their enforcement is difficult due to limited funding and personnel. 
Furthermore, State law provides little protection for plants not on 
state land or in designated conservation districts.
    Listing of these 13 plant species will trigger State listing under 
Hawaii's Endangered Species Act and supplement the protection available 
under other State laws. The Federal Act will, therefore, offer 
additional protection to these species. For example, it is a violation 
of State law to take, possess, or export an endangered plant species 
(HRS sec. 195D-4(e)). In turn, it would be a violation of the Federal 
Act for any person to remove, cut, dig up, damage, or destroy any 
listed plant in knowing violation of State law or regulation or in the 
course of any violation of a State criminal trespass law, the lack of 
adequate resources to enforce State laws and regulations makes this 
provision particularly important. In addition, State law contains 
provisions requiring consideration of endangered plants in certain 
state and private actions which would be triggered by listing under the 
Federal ACT. (See Guidelines to ``Protect endangered species of 
individual plants and animals.'' HRS, sec. 344-4(3) (A)). 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 activities could be 
made available under section 6 (State Cooperative Agreements) of the 
Federal Act for these 13 taxa. 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).
    Although two species, Hibiscadelphus giffardianus and Melicope 
zahlbruckneri, are restricted to Federal land within HVNP and are 
actively managed by HVNP, they are still threatened with extinction 
from naturally occurring events. Hibiscadelphus giffardianus is known 
only from the 24 individuals that have been replanted into original 
habitat by HVNP. Melicope zahlbruckneri is known only from one 
population of 30 to 35 individuals. Both of these species are 
threatened by the two-spotted leafhopper, an introduced insect that is 
spreading throughout the Hawaiian Islands, may reach epidemic 
proportions if not controlled, and for which there is currently no 
known control.
    Two additional species, Phyllostegia racemosa and Pleomele 
hawaiiensis, have one population each on Federal land within HVNP. 
However, the majority of the populations and individuals of these 
species occur on State or private lands.
    One of the two known populations of Neraudia ovata occurs within 
the U.S. Army's Pohakuloa Training Area. The Army is fencing the 
plants, however, the other population is located on private land.
    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. This constitutes a major threat to 12 of the 13 taxa 
(See Table 1.). Two of the 13 taxa, Melicope zahlbruckneri and 
Zanthoxylum dipetalum var. tomentosum, are known from a single 
population. Eight other taxa, Clermontia drepanomorpha, Cyanea 
platyphylla, Neraudia ovata, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Pritchardia schattaueri, and Sicyos 
alba, are known from only two to five populations. Eleven of the 13 
taxa are estimated to number no more than 100 known individuals. Two 
taxa, Hibiscadelphus giffardianus and Hibiscadelphus hualalaiensis, are 
extinct in the wild and are known only from cultivated material.
    One or more of 21 taxa of introduced plants threaten all 13 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 
(Wagner et al. 1990). Naturalized, introduced plant taxa compete with 
native plants for space, light, water, and nutrients (Cuddihy and Stone 
1990). Some of these taxa 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 they inadvertently 
introduced weed seeds as well. Other plants were brought to Hawaii for 
their potential horticultural value (Cuddihy and Stone 1990, Wenkam 
1969).
    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). Lantana threatens Pleomele 
hawaiiensis and the only known populations of Hibiscadelphus 
hualalaiensis, Neraudia ovata and Zanthoxylum dipetalum var. tomentosum 
(HHP 1993c2; HPCC 1992a, 1993b, 1993d; M. Bruegmann, in litt., 1994). 
Leucaena leucocephala (koa haole), a naturalized shrub which is 
sometimes the dominant species in low elevation, dry, disturbed areas 
on all of the main Hawaiian islands, threatens Neraudia ovata, Pleomele 
hawaiiensis, and Zanthoxylum dipetalum var. tomentosum (Geesnick et al. 
1990; HPCC 1993d; Nishida 1993; M. Bruegmann, in litt., 1994).
    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 which 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 threatens 
Phyllostegia racemosa and Sicyos alba (HPCC 1993c; J. Jeffrey, 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 one population of Cyanea platyphylla (HPCC 1991a). After 
escaping from cultivation, Schinus terebinthifolius (Christmas berry) 
became naturalized on most of the main Hawaiian Islands and threatens 
Pleomele hawaiiensis, Pritchardia

[[Page 53149]]

schattaueri and one of only two known populations of Neraudia ovata 
(Nishida 1993; Wagner et al. 1990; M. Bruegmann, in litt., 1994). 
Juncus planifolius is a perennial rush which has naturalized in moist, 
open, disturbed depressions on margins of forests and in bogs on Kauai, 
Oahu, Molokai, Maui, and Hawaii (Coffey 1990). Juncus planifolius is a 
threat to Phyllostegia warshaueri (M. Bruegmann, in litt., 1994).
    Psidium cattleianum (strawberry guava), an invasive shrub or small 
tree native to tropical America, has become naturalized on all of the 
main Hawaiian islands. Like Christmas berry, strawberry guava is 
capable of forming dense stands that exclude other plant taxa (Cuddihy 
and Stone 1990) and is dispersed mainly by feral pigs and fruit-eating 
birds (Smith 1985). This alien plant grows primarily in mesic and wet 
habitats and provides food for several alien animal species, including 
feral pigs and game birds, which disperse the plant's seeds through the 
forest (Smith 1985, Wagner et al. 1985). Strawberry guava is considered 
one of the greatest alien plant threats to Hawaii's rain forests and is 
known to pose a direct threat to Pritchardia schattaueri, Sicyos alba, 
Cyanea platyphylla, and Phyllostegia warshaueri (Cuddihy et al. 1982; 
HHP 1991g2; HPCC 1991a, 1992e1; M. Bruegmann, in litt., 1994).
    Psidium guajava (common guava) was brought to Hawaii and has become 
widely naturalized on all the main islands, forming dense stands in 
disturbed areas. Common guava invades disturbed sites, forming dense 
thickets in dry as well as mesic and wet forests (Smith 1985, Wagner et 
al. 1990). This species also provides food for several alien animal 
species, including feral pigs and game birds, which disperse the 
plant's seeds through the forest (Smith 1985, Wagner et al. 1985). 
Common guava threatens Pritchardia schattaueri and Cyanea platyphylla 
(Cuddihy et al. 1982; HPCC 1991a6, 1991a9; HPCC 1992e1; M. Bruegmann, 
in litt., 1994).
    A recent introduction to the Hawaiian Islands, Rubus ellipticus 
(yellow Himalayan raspberry) is rapidly becoming a major weed pest in 
wet forests, pastures, and other open areas on the island of Hawaii. It 
forms large thorny thickets and displaces native plants. Its ability to 
invade the understory of wet forests enables it to fill a niche 
presently unoccupied by any other major wet forest weed in Hawaii 
(Cuddihy and Stone 1990). This has resulted in an extremely rapid 
population expansion of this alien plant in recent years. Phyllostegia 
velutina and Sicyos alba are threatened by yellow Himalayan raspberry 
(HPCC 1990b, 1993c). A related species, Rubus rosifolius 
(thimbleberry), was introduced from Asia in the 1880s to the island of 
Hawaii and is now found in disturbed mesic and wet forests throughout 
the Hawaiian Islands. Although it is less aggressive than other alien 
species of Rubus, thimbleberry can become very abundant locally, 
especially in areas disturbed by pigs (Cuddihy and Stone 1990, Wagner 
et al. 1990). This species is a threat to Clermontia drepanomorpha, 
Pritchardia schattaueri, Cyanea platyphylla, and Phyllostegia 
warshaueri (Cuddihy et al. 1982; HHP 1991g2; HPCC 1991a, 1993a; M. 
Bruegmann, in litt., 1994).
    Grevillea robusta (silk-oak) was extensively planted in Hawaii for 
timber and is now naturalized on most of the main islands (Smith 1985, 
Wagner et al. 1990). Silk-oak threatens the only known population of 
Zanthoxylum dipetalum var. tomentosum (HPCC 1993d). Tibouchina herbacea 
(glorybush) first became established on the island of Hawaii in the 
late 1970's and, by 1982, was collected in Lanilili on West Maui 
(Almeda 1990). Although the disruptive potential of this alien plant is 
not fully known, glorybush appears to be invading mesic and wet forests 
of Hawaii, and is considered a threat to Phyllostegia warshaueri (HPCC 
1992c).
    Several hundred species of grasses have been introduced to the 
Hawaiian Islands, many for animal forage. Of the approximately 100 
grass species which have become naturalized, 8 species threaten 11 of 
the 13 taxa in this final rule. Anthoxanthum odoratum (sweet 
vernalgrass) is a perennial, tufted grass which has naturalized in 
pastures, disturbed areas in wet forest, and sometimes in subalpine 
shrubland on Molokai, Maui, and Hawaii and is a threat to Phyllostegia 
racemosa (O'Connor 1990; J. Jeffrey, pers. comm. 1994). 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 poor soil, and threatens the only known populations of 
Hibiscadelphus giffardianus and Melicope zahlbruckneri (Cuddihy and 
Stone 1990; O'Connor 1990; Smith 1985; L. Pratt, pers. comm., 1994). A 
related species, Paspalum dilatatum (Dallis grass) has become 
naturalized and common in wet to dry grassland, fields, and roadsides 
on most Hawaiian Islands, and also threatens Hibiscadelphus 
giffardianus and Melicope zahlbruckneri (O'Connor 1990; L. Pratt, pers. 
comm., 1994). Ehrharta stipoides (meadow ricegrass) is naturalized in 
openings in wet forest and other moist, shaded sites on Oahu, Maui, and 
Hawaii (O'Connor 1990). Meadow ricegrass is the third grass species to 
threaten Hibiscadelphus giffardianus and Melicope zahlbruckneri. All 
three of these grass species prevent seedling establishment of the two 
species (L. Pratt, pers. comm., 1994).
    Pennisetum clandestinum (kikuyu grass), an aggressive perennial 
grass introduced to Hawaii as a pasture grass, withstands trampling and 
grazing and has naturalized on four Hawaiian Islands in dry to mesic 
forest. It produces thick mats which choke out other plants and prevent 
their seedlings from establishing and has been declared a noxious weed 
by the U.S. Department of Agriculture (7 CFR 360) (O'Connor 1990, Smith 
1985). Kikuyu grass is a threat to Phyllostegia racemosa, Phyllostegia 
velutina, Pritchardia schattaueri, and the only known populations of 
Hibiscadelphus hualalaiensis and Zanthoxylum dipetalum var. tomentosum 
(HHP 1992b, 1993c2, 1993g; HPCC 1992a; M. Bruegmann, in litt., 1994; L. 
Lau, in litt., 1990; J. Jeffrey, pers. comm., 1994).
    Pennisetum setaceum (fountain grass) is a fire-adapted bunch grass 
that has spread rapidly over bare lava flows and open areas on the 
island of Hawaii since its introduction in the early 1900s. Fountain 
grass is particularly detrimental to Hawaii's dry forests because it is 
able to invade areas once dominated by native plants, where it 
interferes with plant regeneration, carries fires into areas not 
usually prone to fires, and increases the likelihood of fires (Cuddihy 
and Stone 1990, O'Connor 1990, Smith 1985). Fountain grass threatens 
Neraudia ovata, Phyllostegia velutina, Pleomele hawaiiensis, and the 
only known population of Zanthoxylum dipetalum var. tomentosum (HHP 
1991h5, 1993g; HPCC 1990a, 1991c, 1993b; Nishida 1993; M. Bruegmann, in 
litt., 1994; J. Lau, in litt., 1990; C. Imada, pers. comm., 1994).
    Setaria palmifolia (palmgrass), native to tropical Asia, has become 
naturalized in mesic valleys, wet forests, and along streams on Oahu, 
Lanai, Maui, and Hawaii. First collected in 1903, major infestations 
can now be found in the Olaa area and the windward side of the island 
of Hawaii (Cuddihy and Stone 1990, O'Connor 1990). Palmgrass is a 
threat to Sicyos alba and Phyllostegia warshaueri (HPCC 1993c; M. 
Bruegmann, in litt., 1994). Paspalum urvillei (Vasey grass) is 
widespread in disturbed areas on the islands of Maui and Hawaii. It has 
invaded some rain

[[Page 53150]]

forests and montane mesic communities, and is a threat to Phyllostegia 
racemosa and Phyllostegia velutina (Cuddihy and Stone 1990; HPCC 1992b; 
O'Connor 1990; J. Jeffrey, pers. comm., 1994).
    Because Hawaiian plants were subjected to fire during their 
evolution only in areas of volcanic activity and from occasional 
lightning strikes, they are not adapted to recurring fire regimes and 
do not quickly recover following a fire. Alien plants are often better 
adapted to fire than native plant species, and some fire-adapted 
grasses have become widespread in Hawaii. Native shrubland and dry 
forest can thus be converted to land dominated by alien grasses. The 
presence of such species in Hawaiian ecosystems greatly increases the 
intensity, extent, and frequency of fire, especially during drier 
months or drought. Fire-adapted alien plant taxa can reestablish in a 
burned area, resulting in a reduction in the amount of native 
vegetation after each fire. Fire can destroy dormant seeds as well as 
plants, even in steep or inaccessible areas. Fires may result from 
natural causes, or they may be accidentally or purposely started by 
humans. Three fires have occurred in the Puu Waawaa/Kaupulehu dry 
forests on the slopes of Hualalai over the last ten years, and have 
destroyed habitat as well as individuals of many endangered species, 
including Pleomele hawaiiensis (Cuddihy and Stone 1990; HHP 1991h4; 
HPCC 1992d, 1993b; J. Lau, in litt., 1990). Fire is also a threat to 
Phyllostegia velutina and the only known populations of Hibiscadelphus 
hualalaiensis and Zanthoxylum dipetalum var. tomentosum (HPCC 1991i, 
1992a, 1993c2; M. Bruegmann, in litt., 1994).
    Natural changes to habitat and substrate can result in the death of 
individual plants as well as the destruction of their habitat. This 
especially affects the continued existence of taxa or populations with 
limited numbers and/or narrow ranges and is often exacerbated by human 
disturbance and land use practices (See Factor A.). Two of the five 
volcanoes that make up the island of Hawaii, Kilauea and Mauna Loa, are 
active and a third, Hualalai, is dormant but may erupt again. Ten of 
the taxa in this final rule are in areas where volcanic activity could 
result in the destruction of all of the populations: Hibiscadelphus 
giffardianus, Hibiscadelphus hualalaiensis, Melicope zahlbruckneri, 
Neraudia ovata, Phyllostegia velutina, Pleomele hawaiiensis, 
Pritchardia schattaueri, Sicyos alba, and Zanthoxylum dipetalum var. 
tomentosum. One of the two known populations of Cyanea platyphylla and 
some populations of Phyllostegia racemosa are also threatened by 
volcanic activity.
    People are more likely to come into contact with taxa which have 
populations near trails or roads or in recreational areas. Alien plants 
may be introduced into such areas as seeds on footwear, or people may 
cause erosion, trample plants, or start fires (Cuddihy and Stone 1990). 
The following taxa in this final rule have populations in recreational 
areas, close to roads or trails, or in areas where ranching or logging 
is occurring, and are potentially threatened by human disturbance: 
Clermontia drepanomorpha, Cyanea platyphylla, Hibiscadelphus 
hualalaiensis, Phyllostegia racemosa, Phyllostegia velutina, Sicyos 
alba, and Zanthoxylum dipetalum var. tomentosum (Bruegmann 1990; Corn 
1983; HHP 1991f1; HPCC 1991d, 1991h, 1992b; Pratt and Cuddihy 1990; 
Stemmermann 1987).
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these taxa in determining to make this rule 
final. Based on this evaluation, this rulemaking will list these 13 
plant taxa as endangered: Clermontia drepanomorpha, Cyanea platyphylla, 
Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, Melicope 
zahlbruckneri, Neraudia ovata, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Pleomele hawaiiensis, Pritchardia 
schattaueri, Sicyos alba, and Zanthoxylum dipetalum var. tomentosum. 
Eleven of the taxa number no more than 100 individuals and are known 
from 5 or fewer populations. The 13 taxa are threatened by one or more 
of the following--habitat degradation and/or predation by cattle, pigs, 
goats, sheep, insects, and rats; competition from alien plants; fire 
and volcanic activity; human impacts; and lack of legal protection or 
difficulty in enforcing laws which are already in effect. Small 
population size and limited distribution make these taxa particularly 
vulnerable to extinction and/or reduced reproductive vigor from 
naturally occurring events. Because these 13 taxa are in danger of 
extinction throughout all or a significant portion of their ranges, 
they fit the definition of endangered under the Act.
    Critical habitat is not being proposed for the 13 taxa included in 
this rule, for reasons discussed in the ``Critical Habitat'' section of 
this proposal.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
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 listed as endangered or threatened. The Service finds that 
designation of critical habitat is not presently prudent for these 13 
taxa. 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, these taxa are threatened by 
overcollection, due to extremely low population sizes. The publication 
of precise maps and descriptions of critical habitat in the Federal 
Register and local newspapers as required in a proposal for critical 
habitat would increase the degree of threat to these plants from take 
or vandalism and, therefore, could contribute to their decline. The 
listing of these taxa as endangered publicizes the rarity of the plants 
and, thus, can make these plants attractive to researchers, curiosity 
seekers, or collectors of rare plants. All involved parties and the 
major landowners have been notified of the location and importance of 
protecting the habitat of these taxa. Additional protection of the 
habitat of these taxa will be addressed through the recovery process 
and through the section 7 consultation process. For example, in the 
case of Neraudia ovata, the species is confined to small geographic 
areas, and each population is composed of so few individuals that the 
determinations for jeopardy to the species and adverse modification of

[[Page 53151]]

critical habitat would be similar. Therefore, designation of critical 
habitat for species already listed provides little additional 
protection beyond that provided by the jeopardy prohibition of section 
7. For these reasons, the Service finds that designation of critical 
habitat for these 13 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.

Available Conservation Measures

    Conservation measures provided to taxa listed as endangered under 
the Endangered Species Act include recovery actions, requirements for 
Federal protection, and prohibitions against certain activities. 
Recognition through listing results in conservation actions by Federal, 
State, and local agencies, private organizations, and individuals. The 
Act provides for possible land acquisition and cooperation with the 
State and requires that recovery plans be developed for listed species. 
The protection required of Federal agencies and the prohibitions 
against certain activities involving listed plants are discussed, in 
part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any taxon that is listed as 
endangered. Regulations implementing this interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2) 
requires Federal agencies to ensure that activities they authorize, 
fund, or carry out are not likely to jeopardize the continued existence 
of such a species. If a Federal action may affect a listed species, the 
responsible Federal agency must enter into formal consultation with the 
Service. One or more populations of five of the taxa in this final rule 
are located on federally owned and/or managed land. Four taxa are 
located in HVNP and one of these taxa is also found in Hakalau Forest 
National Wildlife Refuge. HVNP is actively managing Kipuka Puaulu to 
maintain Melicope zahlbruckneri and the cultivated plants of 
Hibiscadelphus giffardianus (Mountainspring 1985). Staff at Hakalau 
National Wildlife Refuge are monitoring Phyllostegia racemosa 
populations and controlling threats (J. Jeffrey, pers. comm., 1994). 
One of the two known populations of Neraudia ovata is found on Army 
land. The Army is currently constructing small fences around these 
plants to protect them from browsing by goats and sheep (LTC, FA Lloyd 
Mues, U.S. Army Garrison, Hawaii, in litt., 1996).
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered plant 
species. With respect to the 13 plant taxa listed here as endangered, 
all of the prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.61, will apply. These prohibitions, in part, make it illegal 
for any person subject to the jurisdiction of the United States to 
import or export any endangered plant; transport such species in 
interstate or foreign commerce in the course of a commercial activity; 
sell or offer for sale such species in interstate or foreign commerce; 
remove and reduce to possession any such species from areas under 
Federal jurisdiction; maliciously damage or destroy any such species on 
any area under Federal jurisdiction; or remove, cut, dig up, damage, or 
destroy any such species on any other area in knowing violation of any 
State law or regulation including State criminal trespass law. Certain 
exceptions to the prohibitions apply to agents of the Service and State 
conservation agencies.
    The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of 
permits to carry out otherwise prohibited activities involving 
endangered plant species under certain circumstances. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species.
    It is 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. Such 
information is intended to clarify the potential impacts of a species' 
listing on proposed and ongoing activities within the species' range. 
Five of the species occur on Federal lands under the jurisdiction of 
the U.S. National Park Service, U.S. Fish and Wildlife Service, and the 
U.S. Army. Collection, damage, or destruction of these species on 
Federal lands is prohibited without a Federal endangered species 
permit. Such activities on non-Federal lands would constitute a 
violation of section 9 if conducted in knowing violation of Hawaii 
State law or regulations or in violation of a State criminal trespass 
law (see Hawaii State Law section below). The Service is not aware of 
any trade in these species.
    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 U.S. 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

    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 automatically invokes listing under Hawaii 
State law, which prohibits taking of endangered plants in the State and 
encourages conservation by State agencies (HRS, sect. 195D-4 and 5). 
None of the 13 taxa in this final rule are presently listed as an 
endangered species by the State of Hawaii.

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 Act. A notice outlining the Service's reasons for this 
determination was published in the Federal Register on October 25, 1983 
(48 FR 49244).

References Cited

    A complete list of all references cited herein is available upon 
request from the Pacific Islands Ecoregion Office (see ADDRESSES 
section).

Author

    The author of this final rule is 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:

[[Page 53152]]

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   Critical habitat   Special rules
         Scientific name                Common name                                                             listed                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
         FLOWERING PLANTS                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Clermontia drepanomorpha.........  'Oha wai............  U.S.A. (HI).........  Campanulaceae--Bellf        E       595  NA                NA            
                                                                                lower.                                                                  
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Cyanea platyphylla...............  Haha................  U.S.A. (HI).........  Campanulaceae--Bellf        E       595  NA                NA            
                                                                                lower.                                                                  
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Hibiscadelphus giffardianus......  Hau kuahiwi.........  U.S.A. (HI).........  Malvaceae--Mallow...        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Hibiscadelphus hualalaiensis.....  Hau kuahiwi.........  U.S.A. (HI).........  Malvaceae--Mallow...        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Melicope zahlbruckneri...........  Alani...............  U.S.A. (HI).........  Rutaceae--Citrus....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Neraudia ovata...................  None................  U.S.A. (HI).........  Urticaceae--Nettle..        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Phyllostegia racemosa............  Kiponapona..........  U.S.A. (HI).........  Lamiaceae--Mint.....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Phyllostegia velutina............  None................  U.S.A. (HI).........  Lamiaceae--Mint.....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Phyllostegia warshaueri..........  None................  U.S.A. (HI).........  Lamiaceae--Mint.....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pleomele hawaiiensis.............  Hala pepe...........  U.S.A. (HI).........  Agavaceae--Agave....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pritchardia schattaueri..........  Loulu...............  U.S.A. (HI).........  Arecaceae--Palm.....        E       595  NA                NA            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Sicyos alba......................  'Anunu..............  U.S.A. (HI).........  Curcurbitaceae--Gour        E       595  NA                NA            
                                                                                d.                                                                      
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Zanthoxylum dipetalum var.         A'e.................  U.S.A. (HI).........  Rutaceae--Citrus....        E       595  NA                NA            
 tomentosum.                                                                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 53153]]

    Dated: September 23, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25559 Filed 10-9-96; 8:45 am]
BILLING CODE 4310-55-P