Federal Register, Volume 64 Issue 171 (Friday, September 3, 1999)

[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48307-48324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22969]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE22

Endangered and Threatened Wildlife and Plants; Final Endangered
Status for 10 Plant Taxa From Maui Nui, HA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: Under the authority of the Endangered Species Act of 1973
(Act), as amended, we (the U.S. Fish and Wildlife Service (Service))
determine endangered status for 10 plant taxa--Clermontia samuelii (oha
wai), Cyanea copelandii ssp. haleakalaensis (haha), Cyanea glabra
(haha), Cyanea hamatiflora ssp. hamatiflora (haha), Dubautia
plantaginea ssp. humilis (na`ena`e), Hedyotis schlechtendahliana var.
remyi (kopa), Kanaloa kahoolawensis (kohe malama malama o Kanaloa),
Labordia tinifolia var. lanaiensis (kamakahala), Labordia triflora
(kamakahala), and Melicope munroi (alani). All 10 taxa are endemic to
the Maui Nui group of islands in the Hawaiian Islands. This group
includes Maui, Molokai, Lanai, and Kahoolawe. Clermontia samuelii,
Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea
hamatiflora ssp. hamatiflora, and Dubautia plantaginea ssp. humilis are
endemic to the island of Maui. Hedyotis schlechtendahliana var. remyi
and Labordia tinifolia var. lanaiensis are

[[Page 48308]]

endemic to the island of Lanai. Kanaloa kahoolawensis is endemic to the
island of Kahoolawe, although pollen studies indicate it may have been
a dominant species on Oahu until 800 years ago. Labordia triflora is
endemic to Molokai, and Melicope munroi is found on Lanai but was also
known historically from Molokai. The 10 plant taxa and their habitats
have been variously affected or are currently threatened by one or more
of the following--competition, predation or habitat degradation from
alien species, natural disasters, and random environmental events
(e.g., landslides, flooding, and hurricanes). This final rule
implements the Federal protection provisions provided by the Act for
these 10 plant taxa. Listing under the Act also triggers protection for
these taxa under State Law.

EFFECTIVE DATE: This rule takes effect October 4, 1999.

ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the U.S. Fish and
Wildlife Service, Pacific Islands Ecoregion, Pacific Islands Fish and
Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Box 50088,
Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Karen Rosa, Assistant Field
Supervisor--Endangered Species, Pacific Islands Ecoregion at the above
address (telephone 808/541-3441; facsimile 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea
glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp.
humilis, Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis,
Labordia tinifolia var. lanaiensis, Labordia triflora, and Melicope
munroi are, or were, known from four Hawaiian Islands--Molokai, Lanai,
Maui, and Kahoolawe. The current and historical distribution by island
for each of the 10 taxa is presented in Table 1.

Table 1. Summary of Island Distribution of the 10 Species
----------------------------------------------------------------------------------------------------------------
Island within Maui Nui
Species -------------------------------------------------------------------------------
Maui Molokai Lanai Kahoolawe
----------------------------------------------------------------------------------------------------------------
Clermontia samuelii............. Current...........
Cyanea copelandii ssp. Current...........
haleakalaensis.
Cyanea glabra................... Current...........
Cyanea hamatiflora ssp. Current...........
hamatiflora.
Dubautia plantaginea ssp. Current...........
humilis.
Hedyotis schlechtendahliana ssp. .................. .................. Current...........
remyi.
Kanaloa kahoolawensis........... .................. .................. .................. Current.*
Labordia tinifolia var. .................. .................. Current...........
lanaiensis.
Labordia triflora............... .................. Current...........
Melicope munroi................. .................. Historical........ Current ..........
----------------------------------------------------------------------------------------------------------------
KEY
Current--population last observed within the past 20 years.
Historical--population not seen for more than 20 years.
* Kanaloa kahoolawensis was most likely a dominant species in the lowland areas of Oahu, and possibly Maui, up
until 800 years ago, according to pollen records.

The Hawaiian archipelago includes eight large volcanic islands
(Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii), as
well as offshore islets, shoals, and atolls set on submerged volcanic
remnants at the northwest end of the chain. The archipelago covers a
land area of about 16,600 square kilometers (sq km) (6,400 sq miles (sq
mi)), extending roughly between latitude 18 deg.50' to 28 deg.15' N and
longitude 154 deg.40' to 178 deg.70' W, and ranging in elevation from
sea level to 4,200 meters (m) (13,800 feet (ft)) (Department of
Geography 1983). The four main central islands of Maui, Molokai, Lanai,
and Kahoolawe are part of a large volcanic mass of six major volcanoes
that during times of lower sea level were united as a single island,
which was named Maui Nui and covered about 5,200 sq km (2,000 sq mi).
The climate of the Hawaiian Islands reflects the tropical setting
buffered by the surrounding ocean (Department of Geography 1983). The
prevailing winds are northeast trades with some seasonal fluctuation in
strength. There are also winter storm systems and occasional
hurricanes. Temperatures vary over the year an average of 5 deg.
Celsius (C) (11 deg. Fahrenheit (F)) or less, with daily variation
usually exceeding seasonal variation in temperature. Temperature varies
with elevation and ranges from a maximum recorded temperature of 37.7
deg.C (99.9 deg.F), measured at 265 m (870 ft) elevation, to a minimum
of -12.7 deg.C (9.1 deg.F) recorded at 4,205 m (13,795 ft) elevation.
Annual rainfall varies greatly by location, with marked windward to
leeward gradients over short distances. Minimum average annual rainfall
is less than 250 millimeters (mm) (10 inches (in.)); the maximum
average precipitation is greater than 11,000 mm (450 in.) per year.
Precipitation is greatest during the months of October through April. A
dry season is apparent in leeward settings, while windward settings
generally receive tradewind-driven rainfall throughout the year
(Department of Geography 1983).
The native-dominated vegetation of the Hawaiian Islands varies
greatly according to elevation, moisture regime, and substrate. The
most recent classification of Hawaiian natural communities recognizes
nearly 100 native vegetation types. Within these types are numerous
island-specific or region-specific associations, comprising an
extremely rich array of vegetation types within a very limited
geographic area. Major vegetation formations include forests,
woodlands, shrublands, grasslands, herblands, and pioneer associations
on lava and cinder substrates (Gagne and Cuddihy 1990).
In Hawaii, lowland, montane, and subalpine forest types extend from
sea level to above 3,000 m (9,800 ft) in elevation. Coastal and lowland
forests are generally dry or mesic and may be open or closed-canopied.
The stature of lowland forests is generally under 10 m (30 ft). Three
of the taxa in this final rule (Cyanea copelandii ssp. haleakalaensis,
Labordia tinifolia var. lanaiensis, and Labordia triflora) have been
reported from lowland mesic forest habitat. Montane wet forests,
occupying elevations between 915 and 1,830 m

[[Page 48309]]

(3,000 and 6,000 ft), occur on the windward slopes and summits of the
islands of Kauai, Oahu, Molokai, Maui, and Hawaii. The forests may be
open- to closed-canopied, and may exceed 20 m (65 ft) in stature.
Several species of native trees and tree ferns usually dominate montane
wet forests. Four of the taxa in this final rule (Clermontia samuelii,
Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, and Cyanea
hamatiflora ssp. hamatiflora) have been reported from montane wet
forest habitat.
Hawaiian shrublands are also found from coastal to alpine
elevations. The majority of Hawaiian shrubland types are in dry and
mesic settings, or on cliffs and slopes too steep to support trees. One
taxon in this final rule, Kanaloa kahoolawensis, has been reported from
coastal dry shrubland on Kahoolawe. Two taxa in this final rule,
Dubautia plantaginea ssp. humilis and Melicope munroi, have been
reported from lowland wet shrublands, and Hedyotis schlechtendahliana
var. remyi has been reported from lowland mesic shrublands.
The land that supports these 10 plant taxa is owned by various
private parties, the State of Hawaii (including forest reserves and
natural area reserves), and the Federal government (Department of the
Interior, National Park Service (NPS)).

Discussion of the 10 Plant Taxa

Clermontia samuelii C. Forbes
Clermontia samuelii, was first described by C.N. Forbes from a
collection he made in 1919 (Degener and Degener 1958, Forbes 1920).
Harold St. John described C. hanaensis in 1939, based on a specimen
collected by C.N. Forbes in 1920 (Degener and Degener 1960, St. John
1939). Later, St. John formally described C. gracilis, C.
kipahuluensis, and C. rosacea (St. John 1987a). In the most recent
treatment of this endemic Hawaiian genus, Lammers considers all four
species to be synonymous with C. samuelii, and divides the species into
two subspecies--ssp. hanaensis (including the synonyms C. hanaensis and
C. kipahuluensis) and ssp. samuelii (including C. gracilis and C.
rosacea) (Lammers 1988, 1990).
Clermontia samuelii, a member of the bellflower family
(Campanulaceae), is a terrestrial shrub 1.2 to 5 m (4 to 16 ft) tall.
The leaves are elliptical, sometimes broader at the tip, with blades 5
to 10 centimeters (cm) (2 to 4 in.) long and 1.8 to 4.5 cm (0.7 to 1.8
in.) wide. The upper surfaces of the leaves are dark green, often
tinged purplish, and may be sparsely hairy. The lower surfaces of the
leaves are pale green, and sparsely to densely hairy. The leaf margins
are thickened, with shallow, ascending, rounded teeth. The tips and
bases of the leaves are typically sharply pointed. The inflorescences
(flowering clusters) bear two to five flowers on a main stem that is 4
to 18 mm (0.2 to 0.7 in.) long. The stalk of each individual flower is
12 to 28 mm (0.5 to 1.1 in.) long. The hypanthium (cup-like structure
at the base of the flower) is widest on the top, 8 to 14 mm (0.3 to 0.6
in.) long, and 5 to 10 mm (0.2 to 0.4 in.) wide. The sepals and petals
are similar in color (rose or greenish white to white), curved, and
tubular. The flowers are 36 to 55 mm (1.4 to 2.2 in.) long and 5 to 10
mm (0.2 to 0.4 in.) wide. The lobes of the sepals and petals are erect,
and extend 0.2 to 0.5 times beyond the tube. Berries of this species
have not yet been observed. C. samuelii ssp. hanaensis is
differentiated from C. samuelii ssp. samuelii by the greenish white to
white flowers; longer, narrower leaves with the broadest point near the
base of the leaves; and fewer hairs on the lower surface of the leaves.
The species is separated from other members of this endemic Hawaiian
genus by the size of the flowers and the hypanthium (Lammers 1990).
Historically, Clermontia samuelii has been reported from eight
locations on Haleakala, East Maui, from Keanae Valley on the windward
(northeastern) side to Manawainui on the more leeward (southeastern)
side of Haleakala (Hawaii Heritage Program (HHP) 1991a1 to 1991a4,
1991b1 to 1991b4; Medeiros and Loope 1989). Currently, Clermontia
samuelii ssp. hanaensis is known from several populations limited to
the northeastern side of Haleakala, totaling fewer than 300
individuals. The populations occur on State owned land, within a
Natural Area Reserve and a Forest Reserve (FR) (Arthur C. Medeiros,
Biological Resources Division, U.S. Geological Survey (BRD), pers.
comm. 1995). Clermontia samuelii ssp. samuelii is known from 5 to 10
populations totaling 50 to 100 individuals. Most of the populations
occur on the back walls of Kipahulu Valley, within Haleakala National
Park, with two or three of the populations on adjacent State owned land
(Robert Hobdy, Hawaii Division of Forestry and Wildlife (DOFAW) and
A.C. Medeiros, pers. comms. 1995). Clermontia samuelii ssp. hanaensis
is found at, or below, 915 m (3,000 ft) elevation (A.C. Medeiros, pers.
comm. 1995), while Clermontia samuelii ssp. samuelii is typically found
between 1,800 to 2,100 m (6,000 to 6,900 ft) elevation (HHP 1991b1,
1991b2, 1991b4). Both taxa are found in montane wet forest dominated by
Metrosideros polymorpha ('ohi'a) with an understory of Cibotium sp.
(hapu u') and various native shrubs. Associated plant taxa include
Dubautia sp. (na'ena'e), Clermontia sp. ('oha wai), Hedyotis sp.
(pilo), Vaccinium sp. (ohelo), Carex alligata, Melicope sp. (alani),
and Cheirodendron trigynum ('olapa) (HHP 1991a1, 1991a2, 1991b4).
Threats to Clermontia samuelii ssp. hanaensis include habitat
degradation and/or destruction by feral pigs (Sus scrofa) and
competition with alien plant taxa such as Tibouchina herbacea
(glorybush) and two species of Hedychium (ginger) (A.C. Medeiros, pers.
comm. 1995; Fredrick R. Warshauer, BRD, pers. comm. 1995). In addition,
two extremely invasive alien plant taxa, Miconia calvescens (velvet
tree) and Clidemia hirta (Koster's curse), are found in nearby areas
and may invade this habitat if not controlled (A.C. Medeiros, pers.
comm. 1995). The habitat of Clermontia samuelii ssp. samuelii was
extensively damaged by pigs in the past, and pigs are still a major
threat to the populations on State owned lands. The populations of
Clermontia samuelii ssp. samuelii within the park have been fenced and
pigs have been eradicated. Due to the large populations of pigs in
adjacent areas, the park populations must constantly be monitored to
prevent further ingress (R. Hobdy and A.C. Medeiros, pers. comms.
1995). Rats (mainly the black rat (Rattus rattus)) and slugs (mainly
Milax gagetes) are known to eat leaves, stems, and fruits of other
members of this genus, and therefore are a potential threat to both
subspecies (Loyal Mehrhoff, Service, in litt. 1995).
Cyanea copelandii Rock ssp. haleakalaensis (St. John) Lammers
Cyanea haleakalaensis was first described in 1971 by St. John, from
a collection made by G.Y. Kikudome in 1951 (St. John 1971). In 1987,
St. John (St. John 1987b) merged the two genera Cyanea and Delissea,
formally recognizing only Delissea, the genus with priority. This
resulted in the combination D. haleakalaensis. Lammers retains both
genera in the currently accepted treatment of the Hawaiian members of
the family, and in 1988 he recognized C. haleakalaensis as a subspecies
of C. copelandii, publishing the new combination C. copelandii ssp.
haleakalaensis (Lammers 1988, 1990). Cyanea copelandii ssp. copelandii
was previously listed as an endangered species (59 FR 10305).

[[Page 48310]]

Cyanea copelandii ssp. haleakalaensis, a member of the bellflower
family, is a vine-like shrub 0.3 to 2 m (1 to 7 ft) tall, with
sprawling stems. The sap of this species is a tan latex. Stems are
unbranched or sparingly branched from the base. The leaves are
elliptical, 10 to 19 cm (4 to 7 in.) long, and 3.5 to 8.5 cm (1.4 to
3.3 in.) wide. The upper surfaces of the leaves have no hairs, while
the lower surfaces are hairy. The margins of the leaves are thickened,
with small, widely spaced, sharp teeth. The leaf stalks are 2.5 to 10
cm (1 to 4 in.) long. The inflorescences are 5 to 12-flowered and
hairy. The main inflorescence stalks are 20 to 45 mm (0.8 to 1.8 in.)
long. The hypanthium is oval and widest at the top, 6 to 10 mm (0.2 to
0.4 in.) long, about 5 mm (0.2 in.) wide, and hairy. The corolla
(petals collectively) is yellowish but appears pale rose in color due
to a covering of dark red hairs. The corolla is 37 to 42 mm (1.4 to 1.6
in.) long and about 5 mm (0.2 in.) wide. The corolla tube is gently
curved and the lobes spread about 0.25 times beyond the tube. The
berries are dark orange, oval, and 7 to 15 mm (0.3 to 0.6 in.) long.
This subspecies is differentiated from the other subspecies by the
elliptical leaves, which are also shorter. This species differs from
others in this endemic Hawaiian genus by the vine-like stems and the
yellowish flowers that appear red due to the covering of hairs (Lammers
1990).
Cyanea copelandii ssp. haleakalaensis was historically reported
from six locations on the windward (northeastern) side of Haleakala,
East Maui, from Waikamoi to Kipahulu Valley (Chock and Kikudome (299)
1950; Forbes (1680.M) 1919, (1708.M) 1919, (2616.M) 1920, (2675.M)
1920; Hobdy (887) 1980; Kikudome (454) 1951; Lamoureux and DeWreede
(3917) 1967; Rock (25660b) 1954; St. John (24732) 1950; Warshauer and
Kepler (FRW 2698) 1980; Warshauer and McEldowney (FRW 2769) 1980;
Wagner et al. (5912) 1988). Currently, this taxon is known from two
populations--one population of about 200 individuals in Kipahulu Valley
within Haleakala National Park, and one population of 35 individuals on
lower Waikamoi flume, which is privately owned. Typical habitat is
stream banks and wet scree slopes in montane wet or mesic forest
dominated by Acacia koa (koa) and/or Metrosideros polymorpha (Hobdy
(887) 1980; Medeiros and Loope 1989; National Tropical Botanical Garden
(NTBG) 1994; Wagner et al. (5912) 1988; R. Hobdy and A.C. Medeiros,
pers. comms. 1995). Cyanea copelandii ssp. haleakalaensis is found at
elevations between 730 and 1,340 m (2,400 and 4,400 ft) (Hobdy (887)
1980; Wagner et al. (5912) 1988; Warshauer and Kepler (FRW 2698) 1980;
Warshauer and McEldowney (FRW 2769) 1980; A.C. Medeiros, pers. comm.
1995). Associated species include Perrottetia sandwicensis (olomea),
Psychotria hawaiiensis (kopiko ula), Broussaisia arguta (kanawao), and
Hedyotis acuminata (au) (Wagner et al. (5912) 1988).
The major threats to Cyanea copelandii ssp. haleakalaensis are
habitat degradation and/or destruction by feral pigs and competition
with several alien plant taxa (Higashino et al. 1988; Hobdy (887) 1980;
NTBG 1994; R. Hobdy, A.C. Medeiros, and F.R. Warshauer, pers. comms.
1995). Rats (mainly the black rat) and slugs (mainly Milax gagetes) are
known to eat leaves, stems, and fruits of other members of this genus,
and therefore are a potential threat to this species (L. Mehrhoff, in
litt. 1995). In addition, C. copelandii ssp. haleakalaensis is
threatened by random environmental events since it is known from only
two populations.
Cyanea glabra (F. Wimmer) St. John
Cyanea glabra was first collected on West Maui by Willam Hillebrand
who named it Cyanea holophylla var. obovata (Hillebrand 1888). In 1943,
F.E. Wimmer named it C. knudsenii var. glabra, based on a specimen
collected by Forbes on East Maui (Wimmer 1943). In 1981, St. John
elevated C. knudsenii var. glabra to full species status as C. glabra
(St. John 1981). Lammers, in the most recent treatment of the Hawaiian
members of the family, upheld the species name, and included C.
holophylla var. obovata as well as the following synonyms in C. glabra,
including C. scabra var. variabilis, Delissea glabra, D. holophylla
var. obovata, and D. scabra var. variabilis (Lammers 1990, Rock 1919).
Cyanea glabra, a member of the bellflower family, is a branched
shrub. The leaves of juvenile plants are deeply pinnately lobed, while
those of the adult plants are more or less entire and elliptical. Adult
leaves are 23 to 36 cm (9 to 14 in.) long and 7 to 12 cm (3 to 5 in.)
wide. The upper surfaces of the leaves are green and hairless, while
the lower surfaces are pale green and hairless to sparsely hairy. The
margins of the adult leaves are thickened and shallowly toothed to
irregularly lobed. Six to eight flowers are borne in each
inflorescence. The main inflorescence stalk is 20 to 55 mm (0.8 to 2.2
in.) long, while the individual flower stalk is 12 to 25 mm (0.5 to 1.0
in.) long. The hypanthium is widest at the top, 7 to 10 mm (0.3 to 0.4
in.) long, and about 5 mm (0.2 in.) wide. The corolla is white, often
with a pale lilac tinge, 50 to 60 mm (2 to 2.4 in.) long, and about 8
mm (0.3 in.) wide. The tube of the corolla is curved. The lobes are
spreading, 0.25 to 0.33 times as long as the tube, and are covered by
small, sharp projections. The berries are yellowish orange, elliptical,
and 10 to 15 mm (0.4 to 0.6 in.) long. The calyx (sepals collectively)
persist on the berry. This species is differentiated from others in
this endemic Hawaiian genus by the size of the flower and the pinnately
lobed juvenile leaves (Lammers 1990).
Cyanea glabra has been reported historically from two locations on
West Maui (Hillebrand 1888; Steve Perlman, NTBG, pers. comm. 1992) and
five locations on Haleakala, East Maui (HHP 1991c1 to 1991c5). This
species is currently known from only two populations--one population of
12 individuals in Kauaula Gulch on West Maui on privately owned land
(S. Perlman, pers. comm. 1995), and one scattered population of
approximately 200 individuals in Kipahulu Valley, within Haleakala
National Park (A.C. Medeiros, pers. comm. 1995). Typical habitat is wet
forest dominated by Acacia koa and/or Metrosideros polymorpha, at
elevations between 975 to 1,340 m (3,200 to 4,400 ft) (A.C. Medeiros,
pers. comm. 1995).
The primary threat to Cyanea glabra is slugs (A.C. Medeiros, pers.
comm. 1995). Additional threats are habitat degradation and/or
destruction by feral pigs, flooding, and competition with several alien
plant taxa (R. Hobdy and A.C. Medeiros, pers. comms. 1995). Rats are a
potential threat to C. glabra, since they are known to eat plant parts
of other members of the bellflower family (L. Mehrhoff, in litt. 1995;
A.C. Medeiros, pers. comm. 1995). Leaf damage in the form of stippling
and yellowing by the two spotted leafhopper (Saphonia rufofascia) has
been observed on other native species within the area of C. glabra on
West Maui and is a potential threat to this species (Kenneth Wood,
NTBG, pers. comm. 1995). Random environmental events are a threat to
this species, with only two populations remaining.
Cyanea hamatiflora Rock ssp. hamatiflora
Cyanea hamatiflora was first collected by Joseph Rock in 1910 and
described in 1913 (Rock 1913). In 1987, St. John (St. John 1987b)
merged the two genera Cyanea and Delissea, formally recognizing only
Delissea, the genus with priority. This resulted in the

[[Page 48311]]

combination D. hamatiflora. In 1988, Lammers upheld Cyanea as a
separate genus and combined C. carlsonii with this species, resulting
in two subspecies: The federally endangered C. hamatiflora ssp.
carlsonii (59 FR 10305) and the nominative C. hamatiflora ssp.
hamatiflora (Lammers 1988, 1990).
Cyanea hamatiflora ssp. hamatiflora, a member of the bellflower
family, is a palm-like tree 3 to 8 m (10 to 26 ft) tall. The latex is
tan in color. The leaves are elliptical with the broadest point at the
tip, or they may be narrowly oblong. The leaf blades are 50 to 80 cm
(20 to 30 in.) long, 8 to 14 cm (3 to 5.5 in.) wide, and have no stem.
The upper surface of the leaf is sparsely hairy to hairless and the
lower surface is hairy at least along the midrib and veins. The leaf
margins are minutely round-toothed. The inflorescence is 5 to 10
flowered with main stalks 15 to 30 mm (0.6 to 1.2 in.) long. The stalks
of individuals flowers are 5 to 12 mm (0.2 to 0.5 in.) long. The
hypanthium is widest at the top, 12 to 30 mm (0.5 to 1.2 in.) long, and
6 to 12 mm (0.2 to 0.5 in.) wide. The corolla is magenta in color, 60
to 80 mm (2 to 3 in.) long, 6 to 11 mm (0.2 to 0.4 in.) wide, and
hairless. The tube of the corolla is slightly curved, with lobes 0.25
to 0.5 times as long as the tube. The corolla lobes all curve downward,
making the flower appear one-lipped. The anthers (pollen-bearing
structures) are hairless except for the lower two, which have apical
tufts of white hairs. The fruit is a purplish red berry 30 to 45 mm
(1.2 to 1.8 in.) long and 20 to 27 mm (0.8 to 1.1 in.) wide. The berry
is crowned by persistent calyx lobes. This subspecies is differentiated
from the previously listed subspecies (C. hamatiflora ssp. carlsonii)
by its longer calyx lobes and shorter individual flower stalks. This
species is separated from others in this endemic Hawaiian genus by
fewer flowers per inflorescence and narrower leaves (Lammers 1990).
Cyanea hamatiflora ssp. hamatiflora was historically known from
eight locations on the windward (northeastern) side of Haleakala, on
Maui, stretching from Puu o Kakae to Manawainui (Degener (7977) 1927;
Forbes (1294.M) 1919, (1654.M) 1919, (2607.M) 1920; Higashino and
Haratani (10037) 1983; Higashino and Holt (9398) 1980; Higashino and
Mizuro (2850) 1976; Hobdy (2630) 1986; Rock (8514) 1918; St. John
(24730) 1951; Skottsberg (870) 1920; Warshauer and McEldowney (FRW
2614) 1980; Warshauer and McEldowney (FRW 2876) 1980). Currently, this
taxon is known from two locations. Five or 6 populations totaling 50 to
100 individuals in Kipahulu Valley occur within Haleakala National Park
(A.C. Medeiros, pers. comm. 1995), and 5 or 6 populations totalling 20
to 25 widely scattered individuals occur in the Waikamoi-Koolau Gap
area on privately owned land (NTBG 1995; R. Hobdy, pers. comm. 1995).
Typical habitat for this taxon is montane wet forest dominated by
Metrosideros polymorpha, with a Cibotium sp. and/or native shrub
understory, from 975 to 1,500 m (3,200 to 4,920 ft) elevation (NTBG
1995; Warshauer and McEldowney (FRW 2614) 1980; Warshauer and
McEldowney (FRW 2876) 1980). Associated native plant taxa include
Dicranopteris linearis (uluhe), Cheirodendron trigynum, Broussaisia
arguta, Cyanea solenocalyx (haha), Cyanea kunthiana (haha), Vaccinium
sp. (`ohelo), Melicope sp., and Myrsine sp. (kolea) (Higashino and
Mizuro (2850) 1976; NTBG 1995).
The major threats to Cyanea hamatiflora ssp. hamatiflora are
habitat degradation and/or destruction by feral pigs, landslides, and
competition with the alien plant Ageratina adenophora (Maui pamakani)
(NTBG 1995; R. Hobdy and A.C. Medeiros, pers. comms. 1995). Pig damage
in the form of peeled bark has been observed on individuals of C.
hamatiflora ssp. hamatiflora (A.C. Medeiros, pers. comm. 1995). Rats
and slugs are potential threats, since other Hawaiian members of this
family are known to be eaten by rats and slugs (L. Mehrhoff, in litt.
1995). All populations of this taxon are in areas where rats and slugs
have been observed (A.C. Medeiros, pers. comm. 1995).
Dubautia plantaginea Gaud. ssp. humilis G. Carr
Dubautia plantaginea ssp. humilis was first described in 1985, from
specimens collected by Gerald Carr, Robert Robichaux, and Rene Sylva in
Black Gorge on West Maui (Carr 1985, 1990).
Dubautia plantaginea ssp. humilis, a member of the aster family
(Asteraceae), is a dwarfed shrub less than 80 cm (30 in.) tall. The
stems are hairless or occasionally strigullose (having straight hairs
pressed against the stem). The leaves are opposite, narrow, 8 to 15 cm
(3 to 6 in.) long, and 0.7 to 4.5 cm (0.3 to 1.8 in.) wide. The leaves
usually have five to nine nerves, and are hairless or moderately
strigullose. The leaf margins are toothed from the apex to near the
middle. Between 20 to 90 flowering heads are found in each
inflorescence, which is about 20 cm (8 in.) long and 28 cm (11 in.)
wide. Eight to 20 florets (small flower that is part of a dense
cluster) are found in each head, borne on a flat receptacle. The bracts
on the receptacle are about 5 mm (0.2 in.) long, sharply toothed, and
fused together. The corolla is yellow, and may purple with age. The
fruit is an achene (a dry, one-celled, indehiscent fruit) 2.5 to 4 mm
(0.08 to 0.2 in.) long. The taxon is self-incompatible, meaning flowers
must be pollinated by pollen from a different plant. This subspecies
differs from the other two subspecies (D. plantaginea ssp. magnifolia
and D. plantaginea ssp. plantaginea) by having fewer heads per
inflorescence but more florets per head. The species differs from other
Hawaiian members of the genus by the number of nerves in the leaves and
by the close resemblance of the leaves to the genus Plantago (Carr
1985, 1990).
Dubautia plantaginea ssp. humilis has only been reported from two
locations in Iao Valley, on West Maui. Both populations are on
privately owned land, and the two populations total fewer than 300
individuals. Typical habitat is wet, barren, wind-blown cliffs, between
350 to 400 m (1,150 to 1,300 ft) elevation. Associated native plant
taxa include Metrosideros polymorpha, Pipturus albidus (mamaki),
Eragrostis variabilis (kawelu), Carex sp., Hedyotis formosa, Lysimachia
remyi, Bidens sp. (kookoolau), Pritchardia sp. (loulu), and the
federally endangered Plantago princeps (ale) (Hawaii Plant Conservation
Center (HPCC) 1990; HHP 1991d1, 1991d2; R. Hobdy, pers. comm. 1995).
Threats to Dubautia plantaginea ssp. humilis include landslides and
several alien plant taxa (HPCC 1990; HHP 1991d1; R. Hobdy, pers. comm.
1995). Random environmental events are also a threat, with only two
known populations less than a half mile apart within the same valley.
Hedyotis schlechtendahliana Steud. var. remyi (Hillebr.) Fosb.
Hillebrand described a new species, Kadua remyi, based on
collections on Lanai and East Maui by Reverend John Lydgate (Hillebrand
1888). F. Raymond Fosberg combined the genus Kadua with Hedyotis in
1943, and combined K. remyi with Hedyotis schlechtendahliana. Fosberg
considered the Lanai plants different enough from the Maui plants to
create a separate variety, H. schlechtendahliana var. remyi. This
variety has been upheld in the most recent revision of the Hawaiian
members of this genus (Wagner et al. 1990).
Hedyotis schlechtendahliana var. remyi, a member of the coffee
family (Rubiaceae), is a few branched subshrub from 60 to 600 cm (24 to
240 in.) long, with weakly erect or climbing stems that may be somewhat
square, smooth, and

[[Page 48312]]

glaucous (with a fine waxy coating that imparts a whitish or bluish hue
to the stem). The leaves are opposite, glossy, thin or somewhat
thickened, egg-shaped or with a heart-shaped base and a very pointed
tip, and 3 to 6 cm (1.2 to 2.4 in.) long. The margins of the leaves
curl under. The veins of the leaves are impressed on the upper surface
with hairs along the veins and raised on the lower surface. The lower
surface of the leaves are usually glaucous, like the stems. The leaf
stalks are up to 1 cm (0.4 in.) long, slightly fused to the stem, and
bear stipules (appendages on the base of the leaf stalks). The
inflorescence stalks are 2 to 15 mm (0.1 to 0.6 in.) long, square,
usually glaucous, and borne at the ends of the stems. The flowers have
either functional male and female parts or only functional female
parts. Leaf-like bracts are found at the base of each flower. The
hypanthium is top-shaped and 1.5 to 2.2 mm (0.06 to 0.09 in.) wide. The
calyx lobes are usually leaf-like and oblong to broadly egg-shaped, 2
to 8 mm (0.08 to 0.3 in.) long, and 1.5 to 2.5 mm (0.08 to 0.09 in.)
wide, enlarging somewhat in fruit. The corolla is cream-colored,
fleshy, usually glaucous, trumpet-shaped, with a tube 6 to 17 mm (0.2
to 0.7 in.) long and lobes 1.5 to 10 mm (0.06 to 0.4 in.) long when the
anthers are ripe. The stamens reach only to 1 to 3 mm (0.04 to 0.1 in.)
below the sinuses of the corolla lobes. The styles are woolly on the
lower portions, and two to four lobed. The fruits are top-shaped to
sub-globose capsules 2 to 4 mm (0.1 to 0.2 in.) long and 3 to 7 mm (0.1
to 0.3 in.) in diameter. The fruits break open along the walls of the
cells within the fruit. Seeds are dark brown, irregularly wedge-shaped
and angled, and darkly granular. This variety is distinguished from the
other variety by the leaf shape, narrow flowering stalks, and flower
color. It is distinguished from others in the genus by the distance
between leaves and the length of the sprawling or climbing stems
(Wagner et al. 1990).
Historically, Hedyotis schlechtendahliana var. remyi was known from
five locations on the northwestern portion of Lanaihale on the island
of Lanai (Degener et al. (24193) 1957; Forbes (33.L) 1913, (315.L)
1917); Fosberg (12463) 1939; HHP 1991e1 to 1991e3; Hillebrand 1888;
Hillebrand and Lydgate (s.n.) n.d.; Munro (s.n.) 1913, (s.n.) 1914,
(257, 335) 1928, (506) 1930; Nagata and Ganders (2524) 1982; Rock
(8116) 1910; St. John and Eames (18738) 1938; Wagner et al. 1990).
Currently, this species is known from six individuals in three
populations on Kaiholeha-Hulupoe ridge, Kapohaku drainage, and Waiapaa
drainage on Lanaihale (HHP 1991e1 to 1991e3; R. Hobdy, pers. comm.
1995). Hedyotis schlechtendahliana var. remyi typically grows in mesic
windswept shrubland with a mixture of dominant plant taxa that may
include Metrosideros polymorpha, Dicranopteris linearis, and/or
Styphelia tameiameiae (pukiawe) at elevations between 730 and 900 m
(2,400 to 3,000 ft). Associated plant taxa include Dodonaea viscosa
(aaliI), Sadleria sp. (amau), Dubautia sp. (naenae), Myrsine sp., and
several others (HHP 1991e1 to 1991e3; Lau (2866) 1986; Nagata and
Ganders (2524) 1982).
The primary threats to Hedyotis schlechtendahliana var. remyi are
habitat degradation and/or destruction by axis deer (Axis axis);
competition with alien plant taxa such as Psidium cattleianum, Myrica
faya (firetree), Leptospermum scoparium (New Zealand tea), and Schinus
terebinthifolius (Christmas berry); and random environmental events
and/or reduced reproductive vigor due to the small number of remaining
individuals and populations (HHP 1994e1 to 1991e3; Joel Lau, The Nature
Conservancy of Hawaii, pers. comm. 1995).
Kanaloa kahoolawensis Lorence and K.R. Wood
Kanaloa kahoolawensis was previously unknown to science until its
discovery by Steve Perlman and Ken Wood in 1992 on a steep rocky spire
on the coast of Kahoolawe. David Lorence and Wood have determined that
this plant represents a new genus, and have named the species Kanaloa
kahoolawensis (Lorence and Wood 1994).
Kanaloa kahoolawensis, a member of the legume family (Fabaceae), is
a densely branched shrub 0.75 to 1 m (2.5 to 3.5 ft) tall. The branches
are sprawling and 0.75 to 1.5 m (2.5 to 5 ft) long. New growth is
densely covered with brown and white hairs. The twigs are brown, ribbed
or angled, and become whitish gray with corky fissures. The leaves are
clustered near twig tips and have two persistent stipules. The leaf
stalk is 6 to 24 mm (0.2 to 0.9 in.) long. The leaves are divided into
three pairs of leaflets, with a leaf nectary (nectar-bearing gland) at
the joint between each pair of leaflets. The leaflet pairs are 22 to 55
mm (0.8 to 2 in.) long. The main stalk of the leaf terminates in a
short, brown appendage. The leaflets are egg-shaped, unequal-sided, 1.4
to 4.2 cm (0.6 to 1.7 in.) long, and 0.9 to 3.2 cm (0.4 to 1.3 in.)
wide. One to three inflorescences are found in the leaf axils (joint
between leaf and stem), developing with the flush of new leaves. The
main stalk of the inflorescence is 8 to 30 mm (0.3 to 1.2 in.) long.
The inflorescence is a globose head 6 to 8 mm (0.3 to 0.3 in.) in
diameter, with small bracts 1 to 1.5 mm (0.04 to 0.06 in.) long at the
base. Each inflorescence has 20 to 54 white flowers. The calyx of the
male flowers has limbs that are wider at the tip; densely covered with
long, white hairs; and have lobes that overlap when the flower is in
bud. The corolla lobes also overlap when the flower is in bud, and the
petals are 1.5 to 1.8 mm (0.06 to 0.07 in.) long. The petals are hairy
on the outside at the tip, and are not fused at the base. Ten stamens
are found in the male flowers, fused at the base. Male flowers have
only vestigial female parts. Female flowers have not been observed. The
fruit is borne on a stalk about 5 mm (0.2 in.) long. Up to four fruit
develop in each flowering head. The fruit is egg-shaped to subcircular,
compressed, hairy at the base, and open along two sides. One slender,
brown seed, about 2 mm (0.08 in.) long, is found in each fruit. There
is no other species of legume in Hawaii that bears any resemblance to
this species or genus (Lorence and Wood 1994).
The only known location of Kanaloa kahoolawensis is a rocky stack
on the southern coast of the island of Kahoolawe, which is owned by the
State of Hawaii (Lorence and Wood 1994). While there are no previous
records of the plant, pollen core studies on the island of Oahu
revealed a legume pollen that could not be identified until this
species was discovered. The pollen cores indicate that K. kahoolawensis
was a codominant with Dodonaea viscosa and Pritchardia sp. from before
1210 B.C. to 1565 A.D., at which point K. kahoolawensis disappeared
from the pollen record and D. viscosa and Pritchardia sp. declined
dramatically (Athens et al. 1992, Athens and Ward 1993, Lorence and
Wood 1994). Only two living individuals and 10 to 12 dead individuals
are known (D. Lorence, NTBG, pers. comm. 1995). The only known habitat
is mixed coastal shrubland on steep rocky talus slopes at 45 to 60 m
(150 to 200 ft) elevation. Associated native plant taxa include Sida
fallax (ilima), Senna gaudichaudii (kolomona), Bidens mauiensis
(kookoolau), Lipochaeta lavarum (nehe), Portulaca molokinensis (ihi),
and Capparis sandwichiana (pua pilo). In addition, the area is also a
nesting site for Bulwer's petrel (Bulweria bulwerii) and wedge-tailed
shearwater (Puffinus pacificus) (Lorence and Wood 1994).

[[Page 48313]]

The major threats to Kanaloa kahoolawensis are landslides and the
alien plant taxa Emelia fosbergii, Chloris barbata (swollen finger
grass), and Nicotiana glauca (tobacco tree) (Lorence and Wood 1994).
Goats (Capra hircus) played a major role in the destruction of
vegetation on Kahoolawe before they were removed (Cuddihy and Stone
1990), and K. kahoolawensis probably survived only because the rocky
stack is almost completely separated from the island and inaccessible
to goats (Lorence and Wood 1994). Rats are a potential threat to this
species, since it has seeds similar in appearance and presentation to
the federally endangered Caesalpinia kavaiensis, which is eaten by
rats. Rats may have been the cause of the decline of this species 800
years ago (L. Mehrhoff, in litt. 1995). Random environmental events
and/or reduced reproductive vigor are also a threat to this species,
because only two individuals are known.
Labordia tinifolia A. Gray var. lanaiensis Sherff
Hillebrand determined, but did not name, a new variety of Labordia
tinifolia based on specimens he collected on the islands of Kauai, West
Maui, Lanai, and Hawaii. E.E. Sherff named the variety L. tinifolia
var. lanaiensis in 1938 (Sherff 1938). In the revision of the Hawaiian
members of this family, Wagner et al. (1990), retained the
nomenclature, but included only those plants from Lanai and Mapulehu on
Molokai (previously considered L. triflora) as L. tinifolia var.
lanaiensis. This endemic Hawaiian genus has been revised, and only the
Lanai populations are included in L. tinifolia var. lanaiensis, while
L. triflora has been resurrected for the Molokai population (see
discussion of the next taxon, below) (Motley 1995).
Labordia tinifolia var. lanaiensis, a member of the logan family
(Loganiaceae), is an erect shrub or small tree 1.2 to 15 m (4 to 49 ft)
tall. The stems branch regularly into two forks of nearly equal size.
The leaves are medium to dark green, oval to narrowly oval, 3.8 to 21
cm (1.5 to 8.3 in.) long, and 1.4 to 7.3 cm (0.6 to 2.9 in.) wide. The
leaf stalks are 2.2 to 4 cm (0.9 to 1.6 in.) long. The stipules are
fused together, forming a sheath around the stem that is 1 to 4 mm
(0.04 to 0.2 in.) long. Three to 19 flowers are found in each
inflorescence, and the entire inflorescence is pendulous and has a
stalk 9 to 22 mm (0.4 to 0.8 in.) long. The flowers are borne on stalks
8 to 11 mm (0.3 to 0.4 in.) long. The corolla is pale yellowish green
or greenish yellow, narrowly urn-shaped, and 6.5 to 19 mm (0.2 to 0.7
in.) long. The fruit is broadly oval, 8 to 17 mm (0.3 to 0.7 in.) long,
2 to 3 valved, and has a beak 0.5 to 1.5 mm (0.02 to 0.06 in.) long.
The seeds are brown and about 1.8 mm (0.06 in.) long. This subspecies
differs from the other two subspecies and other species in this endemic
Hawaiian genus by having larger capsules and smaller corollas (Motley
1995; Wagner et al. 1990).
Labordia tinifolia var. lanaiensis was historically known from the
entire length of the summit ridge of Lanaihale, on the island of Lanai
(HHP 1991f1 to 1991f12; Motley 1995; Sherff 1938). Currently, L.
tinifolia var. lanaiensis is known from only one population at the
southeastern end of the summit ridge of Lanaihale. This population is
on privately owned land and totals 300 to 1,000 scattered individuals.
The typical habitat of L. tinifolia var. lanaiensis is lowland mesic
forest, associated with such native species as Dicranopteris linearis
and Scaevola chamissoniana (naupaka kuahiwi), at elevations between 760
and 915 m (2,500 and 3,000 ft) (HHP 1991f3; Motley 1995; R. Hobdy and
J. Lau, pers. comms. 1995).
Labordia tinifolia var. lanaiensis is threatened by axis deer and
several alien plant taxa (R. Hobdy, pers. comm. 1994; J. Lau, pers.
comm. 1995). The single population is also threatened by random
environmental factors.
Labordia triflora Hillebr.
Hillebrand named Labordia triflora based on a specimen he collected
on Molokai in the early 1800s (Hillebrand 1888). Wagner et al.
considered this species to be synonymous with L. tinifolia var.
lanaiensis (Wagner et al. 1990). Timothy Motley of the University of
Hawaii (UH) recently revised this endemic Hawaiian genus, and has
resurrected L. triflora as a valid species (Motley 1995).
Labordia triflora, a member of the logan family, is very similar to
L. tinifolia var. lanaiensis, described above, except in the following
characteristics. Stems of L. triflora are climbing. The leaf stalks are
only 1 to 3 mm (0.04 to 0.1 in.) long. The inflorescence stalks are 40
to 50 mm (1.6 to 2 in.) long. Each flower stalk is 10 to 25 mm (0.4 to
1 in.) long (Motley 1995).
Until 1990, Labordia triflora was known only from the type
collection at Mapulehu, on the island of Molokai. This collection was
made by Hillebrand in 1870 (Motley 1995). In 1990, Joel Lau of The
Nature Conservancy of Hawaii, rediscovered the species in Kua Gulch on
Molokai (Motley 1995; J. Lau, pers. comm. 1995). Only 10 individuals
are known, all occurring on privately owned land (J. Lau, pers. comm.
1995). Of these individuals, only two are male plants (Timothy Motley,
University of Hawaii, pers. comm. 1993). This species occurs in mixed
lowland mesic forest, at an elevation of 800 m (2,600 ft). Associated
species include Pouteria sandwicensis (alaa), the federally endangered
Cyanea mannii (haha), and Tetraplasandra sp. (ohe) (Motley 1995).
The threats to Labordia triflora include habitat degradation and/or
destruction by pigs and goats, rats that eat seeds, and competition
with the alien plant species Schinus terebinthifolius (Motley 1995; T.
Motley, pers. comm. 1993). Random environmental events and reduced
reproductive vigor also threaten this species, as only 10 individuals
remain in one population.
Melicope munroi (St. John) B. Stone
In 1944, St. John described Pelea munroi, based on a collection by
George C. Munro in 1915 (St. John 1944). The genus Pelea has since been
submerged with Melicope, creating the combination M. munroi (Hartley
and Stone 1989).
Melicope munroi, a member of the citrus family (Rutaceae), is a
sprawling shrub up to 3 m (10 ft) tall. The new growth of this species
is minutely hairy. The leaves are opposite, broadly elliptical, 6 to 11
cm (2.4 to 4.3 in.) long, and 3.5 to 7.5 cm (1.4 to 3.0 in.) wide. The
veins of the leaf are parallel, in 8 to 12 pairs, and are connected by
arched veins near the margin of the leaf. The margins of the leaves are
sometimes rolled under. The leaf stalks are 4 to 12 mm (0.2 to 0.5 in.)
long. The inflorescence is found in the axil of the leaf and contains
one to three flowers. The inflorescence stalk is 10 to 15 mm (0.4 to
0.5 in.) long, and the individual flower stalk is 15 to 35 mm (0.6 to
1.4 in.) long. Male flowers have not been reported. Female flowers have
ovoid sepals about 2.5 mm (0.1 in.) long and deltate petals about 8 mm
(0.3 in.) long. The fruit is about 18 mm (0.7 in.) wide, and the 4
carpels (egg-bearing structures) are fused about one-third of their
length. This species differs from other Hawaiian members of the genus
in the shape of the leaf and the length of the inflorescence stalk
(Stone et al. 1990).
Historically known from the Lanaihale summit ridge of Lanai and
above Kamalo on Molokai, Melicope munroi is currently known from only
the Lanaihale summit ridge (HHP 1991g1 to 1991g10). The one widely
scattered population totals an estimated 300 to 500 individuals (J.
Lau, pers. comm. 1995). Melicope munroi is typically found in lowland
mat fern shrubland, at elevations of 790 to 1020 m (2,600 to 3,350 ft).
Associated native

[[Page 48314]]

plant taxa include Diplopterygium pinnatum, Dicranopteris linearis,
Metrosideros polymorpha, Cheirodendron trigynum, Coprosma sp. (pilo),
Broussaisia arguta, Melicope sp., and Machaerina angustifolia ('uki)
(HHP 1991g3 to 1991g10).
The major threats to Melicope munroi are axis deer and the alien
plant taxa Leptospermum scoparium and Psidium cattleianum (HHP 1991g3
to 1991g10; J. Lau, pers. comm. 1995). Random environmental events also
threaten the one remaining population.

Previous Federal Action

Federal action on some of these plants began as a result of section
12 of the Act (16 U.S.C. 1533), which directed the Secretary of the
Smithsonian Institution to prepare a report on plants considered to be
endangered or threatened in the United States. This report, designated
as House Document No. 94-51, was presented to Congress on January 9,
1975. One of the 10 taxa, Cyanea glabra (as C. scabra var. variabilis),
was considered to be endangered in that document. One taxon, Labordia
tinifolia var. lanaiensis, was considered to be threatened and two
taxa, L. triflora and Melicope munroi (as Pelea munroi), were
considered to be extinct. On July 1, 1975, we published a notice in the
Federal Register (40 FR 27823) of our 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 our intent to review the
status of the plant taxa named therein. As a result of that review, on
June 16, 1976, we 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. Two of the 10 taxa,
Labordia triflora and Melicope munroi, were proposed for endangered
status in this document. The list of 1,700 plant taxa was assembled on
the basis of comments and data received by the Smithsonian Institution
and us 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, we
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, including the proposals to list Labordia triflora and Melicope
munroi, along with four other proposals that had expired. We published
an updated notice of review for plants on December 15, 1980 (45 FR
82479), September 27, 1985 (50 FR 39525), February 21, 1990 (55 FR
6183), and September 30, 1993 (58 FR 51144). Six of the species in this
final rule (including synonymous taxa) were at one time or another
considered category 1 or category 2 candidates for Federal listing.
Category 1 species were those for which we had on file substantial
information on biological vulnerability and threats to support
preparation of listing proposals but for which listing proposals had
not yet been published because they were precluded by other listing
activities. Certain species were considered Category 1 but if
designated by an asterisk (*), were considered possibly extinct.
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 were not currently available to
support proposed rules. Two taxa, Labordia tinifolia var. lanaiensis
and L. triflora, were considered category 2 species in the 1980 and
1985 notices of review. Melicope munroi (as Pelea munroi) was
considered a category 1* in the 1980 and 1985 notices.
In the 1990 and 1993 notices, Dubautia plantaginea ssp. humilis,
Hedyotis schlechtendahliana var. remyi, and Melicope munroi were
considered category 2 species. Labordia tinifolia var. lanaiensis was
considered more abundant than previously thought and moved to category
3C in the 1990 notice. Category 3C species were those that had proven
to be more abundant or widespread than previously believed and/or were
not subject to any identifiable threat. Labordia triflora was
considered a synonym of L. tinifolia var. lanaiensis in the 1990
notice. As published in the Federal Register (61 FR 7596) on February
28, 1996, we discontinued the designation of categories for candidate
species.
Since the last notice, new information suggests that the numbers
and distribution are sufficiently restricted and the taxa are
imminently threatened for the previously designated category 1,
category 2, and category 3C candidate species mentioned above, as well
as six additional taxa (Clermontia samuelii, Cyanea copelandii ssp.
haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, the
newly discovered Kanaloa kahoolawensis, and the resurrected Labordia
triflora), to warrant listing. A proposed rule was published on May 15,
1997, (62 FR 26757) to list these 10 plant taxa as endangered and the
September 19, 1997 (62 FR 49398), notice of review listed these species
as proposed for endangered status.
We now determine 10 taxa from Maui Nui, Hawaii, to be endangered
with the publication of this final rule.

Summary of Comments and Recommendations

In the May 15, 1997, proposed rule and associated notifications, we
requested all interested parties to submit factual reports or
information that might contribute to the development of a final rule.
The public comment period ended on July 14, 1997. Appropriate Federal
and State agencies, county governments, scientific organizations, and
other interested parties were contacted and requested to comment. A
newspaper notice inviting public comment was published in the ``Maui
News'' on May 29, 1997. No comments were received.
In accordance with our peer review policy (59 FR 34270; July 1,
1994), we also solicited the expert opinions of three appropriate and
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the taxonomy, population models, and
supportive biological and ecological information substantive to the
listing determination for these 10 taxa. The independent specialists
did not respond to our request.

Summary of Factors Affecting the Species

After a thorough review and consideration of all available
information, we have determined that Clermontia samuelii, Cyanea
copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp.
hamatiflora, Dubautia plantaginea ssp. humilis, Hedyotis
schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia
triflora, Melicope munroi, and Labordia tinifolia var. lanaiensis
should be classified as endangered species. We followed the procedures
found at section 4(a)(1) of the Act and regulations implementing the
listing provisions of the Act (50 CFR part 424). A species may be
determined to be an endangered or threatened species due to one or more
of the five factors described in section 4(a)(1). These factors and
their application to Clermontia samuelii ('oha wai), Cyanea copelandii
ssp. haleakalaensis (haha), Cyanea glabra (haha), Cyanea hamatiflora
ssp. hamatiflora (haha), Dubautia plantaginea ssp. humilis (na'na'e),
Hedyotis schlechtendahliana var. remyi (kopa), Kanaloa kahoolawensis
(kohe

[[Page 48315]]

malama malama o Kanaloa), Labordia tinifolia var. lanaiensis
(kamakahala), Labordia triflora (kamakahala), and Melicope munroi
(alani) follow. The primary threats facing the 10 taxa in this final
rule are summarized in Table 2.

Table 2.--Summary of Primary Threats
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alien mammals
Species ---------------------------------------- Alien Invertebrates Substrate Overcollecting Limited
Pigs Goats Deer Rats plants loss vandalism numbers*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Clermontia samuelii.......................... X ........ ........ P X P .......... P
Cyanea copelandii ssp. haleakalaensis........ X ........ ........ P P P .......... P X
Cyanea glabra................................ X ........ ........ P X X X P X
Cyanea hamatiflora ssp. hamatiflora.......... X ........ ........ P X P X P
Dubautia plantaginea ssp. humilis............ ........ ........ ........ ........ X ............. X P X
Hedyotis schlechtendahliana var. remyi....... ........ ........ X ........ X ............. .......... P X1
Kanaloa kahoolawensis........................ ........ ........ ........ P X ............. X P X1
Labordia tinifolia var. lanaiensis........... ........ ........ X ........ X ............. .......... P X
Labordia triflora............................ X X ........ X X ............. .......... P X1
Melicope munroi.............................. ........ ........ X ........ X ............. .......... P X
--------------------------------------------------------------------------------------------------------------------------------------------------------
X = Immediate and significant threat.
P = Potential threat.
* = No more than 5 populations; 1= No more than 10 individuals total.

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

Native vegetation on all of the main Hawaiian Islands has undergone
extreme alteration because of past and present land management
practices including ranching, agricultural development, and deliberate
introductions of alien animals and plants (Cuddihy and Stone 1990,
Wagner et al. 1985). The primary threats facing the 10 plant taxa
included in this final rule are ongoing and threatened destruction and
adverse modification of habitat by feral animals and competition with
alien plants (see Factor E for discussion about alien plants).
Eight of the 10 taxa in this rule are variously threatened by feral
animals (see Table 2). Animals such as pigs, goats, axis deer, and
cattle were introduced either by the early Hawaiians or more recently
by European settlers for food and/or commercial ranching activities.
Over the 200 years following their introduction, their numbers
increased and the adverse impacts of feral ungulates on native
vegetation have become increasingly apparent. Beyond the direct effect
of trampling and grazing native plants, feral ungulates have
contributed significantly to the heavy erosion still taking place on
most of the main Hawaiian islands (Cuddihy and Stone 1990).
Pigs, originally native to Europe, Africa, and Asia, were
introduced to Hawaii by the Polynesian ancestors of Hawaiians, and
later by western immigrants. The pigs escaped domestication and invaded
primarily wet and mesic forests of Kauai, Oahu, Molokai, Maui, and
Hawaii. Pigs pose an immediate threat to one or more populations of
five of the taxa in wet and mesic habitats. While foraging, pigs root
and trample the forest floor, encouraging the establishment of alien
plants in the newly disturbed soil. Pigs also disseminate alien plant
seeds through their feces and on their bodies, accelerating the spread
of alien plants through native forests (Cuddihy and Stone 1990, Stone
1985). Pigs facilitate the spread of Psidium cattleianum (strawberry
guava) and Schinus terebinthifolius (Christmas berry), which threaten
several of the taxa (Cuddihy and Stone 1990, Smith 1985, Stone 1985).
On Maui, pigs threaten both subspecies of Clermontia samuelii, Cyanea
copelandii ssp. haleakalaensis, the only known populations of Cyanea
glabra and Cyanea hamatiflora ssp. hamatiflora, and the only known
population of Labordia triflora (NTBG 1994; A.C. Medeiros, R. Hobdy,
and J. Lau, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995).
Goats, native to the Middle East and India, were first successfully
introduced to the Hawaiian Islands in 1792. Feral goats now occupy a
wide variety of habitats from lowland dry forests to montane grasslands
on Kauai, Oahu, Molokai, Maui, and Hawaii, where they consume native
vegetation, trample roots and seedlings, accelerate erosion, and
promote the invasion of alien plants (Scott et al. 1986, Stone 1985,
van Riper and van Riper 1982). On Molokai, goats threaten the only
known population of Labordia triflora (T. Motley, pers. comm. 1993).
In 1920, a group of 12 axis deer was introduced to the island of
Lanai and about 60 years later the population was estimated at 2,800
(Tomich 1986). Axis deer degrade habitat by trampling and overgrazing
vegetation, which removes ground cover and exposes the soil to erosion.
Extensive red erosional scars caused by decades of deer activity are
evident on Lanai (Cuddihy and Stone 1990). Activity of axis deer
threatens all populations of Hedyotis schlechtendahliana var. remyi,
Labordia tinifolia var. lanaiensis, and Melicope munroi on Lanai (HHP
1991g8 to 1991g10; J. Lau, pers. comm. 1995).

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

Unrestricted collecting for scientific or horticultural purposes or
excessive visits by individuals interested in seeing rare plants is a
potential threat to any species identified as an imperiled. This is the
case with all of the taxa in this final rule, but would seriously
impact the eight taxa whose low numbers and/or few populations make
them especially vulnerable to disturbances (Cyanea copelandii ssp.
haleakalaensis, Cyanea glabra, Dubautia plantaginea ssp. humilis,
Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia
tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi).

C. Disease and Predation

Disease is not known to be a significant threat to any of the taxa.
None of the 10 taxa are known to be unpalatable to pigs, deer, or
goats. Feral pigs not only destroy native vegetation through their
rooting activities and dispersal of alien plant seeds (see Factor A),
but they also feed on plants, preferring the pithy interior of large
tree ferns and fleshy-stemmed plants from the bellflower family (Stone
1985, Stone and Loope 1987). There is direct evidence of pigs eating
bark off individuals of Cyanea hamatiflora ssp.

[[Page 48316]]

hamatiflora (A.C. Medeiros, pers. comm. 1995), and predation is a
possible threat to other members of the bellflower family (Clermontia
samuelii, Cyanea copelandii ssp. haleakalaensis, and Cyanea glabra).
Predation is also a possible threat to the one other taxon, Labordia
triflora, known from areas where pigs have been reported (A.C. Medeiros
and R. Hobdy, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995).
Two rat species, the black rat and the Polynesian rat (Rattus
exulans), and to a lesser extent other introduced rodents, eat large
fleshy fruits and strip the bark of some native plants, particularly
fruits of the native plants in the bellflower family (Cuddihy and Stone
1990, Tomich 1986, Wagner et al. 1985). It is possible that rats eat
the fruits of Clermontia samuelii, Cyanea copelandii ssp.
haleakalaensis, Cyanea glabra, and Cyanea hamatiflora ssp. hamatiflora,
which produce fleshy fruits and stems, and grow in areas where rats
occur (A.C. Medeiros, pers. comm. 1995; L. Mehrhoff, in litt. 1995).
Rats also eat the seeds of Labordia triflora (T. Motley, pers. comm.
1993). Rats are a potential threat to Kanaloa kahoolawensis, which has
seeds of a type preferred by rats (L. Mehrhoff, in litt. 1995).
Slugs are widespread in Hawaii and a serious threat to many native
plant taxa, in addition to possibly being an attractant to pigs
(Howarth 1985). Slugs feed preferentially on plants with fleshy leaves,
stems, and fruits, including all taxa in the family Campanulaceae in
Hawaii (L. Mehrhoff, in litt. 1995). Slugs are the primary threat to
Cyanea glabra. All recent observations of this species have shown slug
damage on both juveniles and adults (A.C. Medeiros, pers. comm. 1995).
Slugs are also a potential threat to the following taxa with fleshy
tissues, including Clermontia samuelii, Cyanea copelandii ssp.
haleakalaensis, and Cyanea hamatiflora ssp. hamatiflora (A.C. Medeiros,
pers. comm. 1995; L. Mehrhoff, in litt. 1995).
Two spotted leafhopper is a recently introduced insect that feeds
on leaves, causing physical damage. In addition to mechanical feeding
damage, this insect may be a vector of a plant virus and 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 potential threat to all native taxa,
since it has shown no host preference. It is a particularly grave
threat to Cyanea glabra, since biologists have observed leafhoppers
near the West Maui population (Adam Asquith, Service, pers. comm. 1994;
K. Wood, pers. comm. 1995).

D. The Inadequacy of Existing Regulatory Mechanisms

Of the 10 taxa in this final rule, 8 have populations located on
private land, 2 on State land, and 4 on Federal land within Haleakala
National Park. While four of the taxa occur in more than one of those
three ownership categories, five are known only from private land, and
Kanaloa kahoolawensis is found only on State land.
While four of these taxa are found in Haleakala National Park,
which is managed to protect native ecosystems, one or more populations
of each taxa are found on State or private land as well. One of the
taxa, Clermontia samuelii, also occurs in a State Natural Area Reserve,
which is managed to perpetuate native resources (HRS, sect. 195-5).
Furthermore, although Hawaii has a strong State Endangered Species law
(HRS, sect. 195-D), these plants are currently not protected under that
law. The other three taxa are found on private lands. However, there
are no State laws or existing regulatory mechanisms at the present time
to protect or prevent further decline of these plants on private land,
except for minimal protection offered to those that occur on land
classified as a conservation district.
Sections 2(c) (1) and 7 of the Act direct Federal agencies to seek
to conserve listed endangered and threatened species and to avoid
jeopardizing listed species, but require no such activities if the
plants are not federally listed.
The majority of the populations of the 10 taxa are located on land
classified within conservation districts and owned by the State of
Hawaii or private companies or individuals. Clermontia samuelii occurs
within Haleakala National Park, and on State Forest Reserve or State
Natural Area Reserve lands--both are within conservation districts.
Kanaloa kahoolawensis occurs only on the island of Kahoolawe, which is
owned by the State of Hawaii. In 1993, Kahoolawe was transferred to
native Hawaiian control. The Kahoolawe Island Reserve Commission
(KIRC), which is under the Hawaii Department of Land and Natural
Resources' Historic Preservation section, was established to oversee
the cleanup of the island, including the removal of unexploded military
ordnance and the restoration of native ecosystems and traditional
cultural uses. Funding for the cleanup was authorized by the U.S.
Congress, and the U.S. Navy is responsible for performing the cleanup.
Although it does not lease the island, the Navy controls access to the
island because of the danger of unexploded ordnance. The island is not
a State Forest Reserve, Natural Area Reserve, or within a conservation
district.
Regardless of the owner, lands in these districts 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 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 any person with a property interest in
the land (HRS, sect. 205-4). Before decisions about these requests are
made, the impact of the final 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).
Hawaii Revised Statutes (chapt. 343) require an environmental
assessment to determine whether or not the environment will be
significantly affected before any final land use--(1) occurs on State
land, or (2) is funded in part or whole by county or State funds, or
(3) will occur within land classified as conservation district. If it
is found that an action will have a significant effect, preparation of
a full Environmental Impact Statement is required. Hawaii's
Environmental Policy Act, adopted in 1974 to encourage the conservation
of natural resources and the enhancement of the quality of life,
requires the safeguarding of ``. . . the State's unique natural
environmental characteristics . . .'' (HRS, sect. 344-3(1)) and
includes guidelines to protect endangered species of individual plants
and animals (HRS, sect. 344-4(3)(A)). However, unless the species are
protected under the State endangered species law (i.e., State listed as
endangered or threatened), there is no mechanism to ensure that the
species will be protected, regardless of what State ``guidelines'' are
in place. Even though all of these species, except Kanaloa
kahoolawensis, occur on conservation district lands, the designation of
a conservation district does not provide adequate protection to these
species.

[[Page 48317]]

Federal listing of these 10 plant species will automatically invoke
State listing under Hawaii's Endangered Species law and supplement the
protection available under other State laws. The Federal Endangered
Species Act will, therefore, offer additional protection to these
species.
State laws relating to the conservation of biological resources,
including indigenous aquatic life, wildlife and land plants, and
endangered species and their associated ecosystems, allow for the
acquisition of land as well as the development and implementation of
programs for the conservation, management, and protection of biological
resources (HRS, sect. 195D-5(a)). However, according to HRS, sect.
195D-5(d), ``in carrying out programs authorized by this section,
priority shall be given to the conservation and protection of those
endangered . . .'', (i.e., Federal and State listed),'' . . . aquatic
life, wildlife, and land plant species whose extinction within the
State would imperil or terminate, respectively, their existence in the
world.'' Therefore, the State will always give priority to protection
and conservation efforts to species that are federally and State listed
as endangered or threatened. Without Federal listing, these 10 species
receive no protection or management by the State.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

All 10 of the taxa in this final rule are threatened or potentially
threatened by competition with one or more alien plant taxa (see Table
2). The most significant of these appear to be Psidium cattleianum
(strawberry guava), Schinus terebinthifolius (Christmas berry), Rubus
rosifolius (thimbleberry), Clidemia hirta (Koster's curse), Miconia
calvescens (velvet tree), Myrica faya (firetree), Paspalum conjugatum
(Hilo grass), Psidium guajava (common guava), Casuarina equisetifolia
(ironwood tree), Leptospermum scoparium (New Zealand tea), and
Ageratina adenophora (Maui pamakani). There are a number of other alien
plant taxa that pose a significant threat to populations of these
plants.
Psidium cattleianum (strawberry guava), an invasive shrub or small
tree native to tropical America, has become widely naturalized on all
of the main islands, forming dense stands that exclude other plant
species in disturbed areas (Cuddihy and Stone 1990). This alien plant
grows primarily in mesic and wet habitats and is dispersed mainly by
feral pigs and fruit-eating birds (Smith 1985, Wagner et al. 1990).
Psidium cattleianum is considered to be one of the greatest alien plant
threats to Hawaiian rain forests and is a threat on Maui to one of two
known populations of Cyanea copelandii ssp. haleakalaensis and Cyanea
glabra (Higashino et al. 1988; A.C. Medeiros, pers. comm. 1995). On
Lanai, this invasive alien plant threatens all populations of Hedyotis
schlechtendahliana var. remyi, the only known population of Labordia
tinifolia var. lanaiensis, and the only known population of Melicope
munroi (HHP 1991e1 to 1991e3; R. Hobdy, pers. comm. 1994; J. Lau, pers.
comm. 1995).
Schinus terebinthifolius (Christmas berry), introduced to Hawaii
before 1911, is a fast-growing tree or shrub invading most mesic to wet
lowland areas of the major Hawaiian Islands (Wagner et al. 1990).
Schinus terebinthifolius is distributed mainly by feral pigs and fruit-
eating birds and forms dense thickets that shade out and displace other
plants (Cuddihy and Stone 1990, Smith 1985, Stone 1985). This species
is a threat to one population of Hedyotis schlechtendahliana var.
remyi, and the only known populations of Labordia tinifolia var.
lanaiensis and Labordia triflora (HHP 1991e2; R. Hobdy, pers. comm.
1994; J. Lau, pers. comm. 1995).
Rubus rosifolius (thimbleberry), native to Asia, is naturalized in
disturbed mesic to wet forest on all of the main Hawaiian Islands and
is perhaps the most widespread of all species of Rubus introduced to
Hawaii (Cuddihy and Stone 1990). On Maui, this species threatens one of
the two populations of Cyanea copelandii ssp. haleakalaensis as well as
Cyanea glabra (NTBG 1994; A.C. Medeiros, pers. comm. 1995).
Clidemia hirta (Koster's curse), a noxious shrub native to tropical
America, is found in mesic to wet forests on at least six islands in
Hawaii (Almeda 1990, Hawaii Department of Agriculture 1981, Smith
1992). Clidemia hirta was first reported on Oahu in 1941 and had spread
through much of the Koolau Mountains by the early 1960s. This noxious
plant forms a dense understory, shading out other plants and hindering
plant regeneration (Cuddihy and Stone 1990). This prolific alien plant
has recently spread to five other islands and, on Maui is a potential
threat to Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis
and Cyanea glabra (A.C. Medeiros, pers. comm. 1995).
Miconia calvescens (velvet tree) is a recently naturalized species
native to tropical America. This species has become invasive in the
Hamakua coast and Pahoa areas of the island of Hawaii, the island of
Oahu, and has become established on East Maui. This species has the
potential to be very disruptive, as it has become an understory
dominate where introduced to similar habitat in Tahiti (Almeda 1990,
Cuddihy and Stone 1990). This species occurs on Maui near populations
of Clermontia samuelii and poses a potential threat (A.C. Medeiros,
pers. comm. 1995).
Myrica faya (firetree), native to the Azores, Madeira, and the
Canary Islands, was introduced to Hawaii before 1900 for wine-making,
firewood, or an ornamental. Trees were planted in forest reserves in
the 1920s. By the mid-1980s M. faya had infested over 34,000 hectares
(83,980 acres) throughout the State, with the largest infestations on
the island of Hawaii. It is now considered a noxious weed (Cuddihy and
Stone 1990, DOA 1981). Myrica faya can form a dense stand with no
ground cover beneath the canopy. This lack of ground cover may be due
to dense shading or to chemicals released by the tree that prevent
other species from growing. Myrica faya also fixes nitrogen and
increases nitrogen levels in Hawaii's typically nitrogen-poor volcanic
soils. This may encourage the invasion of alien plants that would not
normally be able to grow as well as native species in the low-nitrogen
soils of Hawaii (Cuddihy and Stone 1990). On Lanai, this species
threatens Hedyotis schlechtendahliana var. remyi and Labordia tinifolia
var. lanaiensis (HHP 1991e3; R. Hobdy, pers. comm. 1994).
Paspalum conjugatum (Hilo grass) is naturalized in moist to wet
disturbed areas on all of the main Hawaiian Islands except Niihau and
Kahoolawe, and produces a dense ground cover (Cuddihy and Stone 1990).
In Maui's Kipahulu Valley, this grass threatens one of the two
populations of Cyanea copelandii ssp. haleakalaensis, as well as Cyanea
glabra (NTBG 1994; A.C. Medeiros, pers. comm. 1995). On West Maui, P.
conjugatum threatens Dubautia plantaginea ssp. humilis (HPCC 1990).
Psidium guajava (common guava), a shrub or small tree native to the
New World tropics, is naturalized on all of the main islands, except,
perhaps, Niihau and Kahoolawe (Wagner et al. 1990). Psidium guajava is
a serious weed that invades disturbed sites, forming dense thickets in
dry as well as mesic and wet forests (Smith 1985, Wagner et al. 1990).
On Maui, this species threatens one of the two known populations of
Cyanea copelandii ssp. haleakalaensis, as well as Cyanea glabra and
Dubautia plantaginea ssp. humilis

[[Page 48318]]

(HPCC 1990; Higashino et al. 1988; A.C. Medeiros, pers. comm. 1995).
Casuarina equisetifolia (ironwood) is a large, fast-growing tree
that reaches up to 20 m (65 ft) in height (Wagner et al. 1990). This
large tree shades out other plants, takes up much of the available
nutrients, and possibly releases a chemical agent that prevents other
plants from growing beneath it (Neal 1965, Smith 1985). Casuarina
equisetifolia is invading the wet cliffs of Iao Valley and is a threat
to Dubautia plantaginea ssp. humilis (HPCC 1990; HHP 1991d1; R. Hobdy,
pers. comm. 1995).
Leptospermum scoparium (New Zealand tea), brought to Hawaii as an
ornamental plant and now naturalized in disturbed mesic to wet forest
on three islands, threatens Hedyotis schlechtendahliana var. remyi, and
the only known populations of Labordia tinifolia var. lanaiensis and
Melicope munroi (Wagner et al. 1990; J. Lau, pers. comm. 1995).
Ageratina adenophora (Maui pamakani), native to tropical America,
has become naturalized in dry areas to wet forest on Oahu, Molokai,
Lanai, Maui, and Hawaii (Wagner et al. 1990). This noxious weed forms
dense mats with other alien plants and prevents regeneration of native
plants (Anderson et al. 1992). On Maui, one of the two known
populations of Cyanea copelandii ssp. haleakalaensis, as well as Cyanea
glabra and Cyanea hamatiflora ssp. hamatiflora are threatened by this
species (NTBG 1995; R. Hobdy, pers. comm. 1995).
Rubus argutus (prickly Florida blackberry) was introduced to the
Hawaiian Islands in the late 1800s from the continental U.S. (Haselwood
and Motter 1983). The fruits are easily spread by birds to open areas
such as disturbed mesic or wet forests, where the species forms dense,
impenetrable thickets (Smith 1985). One of two known populations of
Cyanea copelandii ssp. haleakalaensis, as well as Cyanea glabra are
threatened by this species (A.C. Medeiros, pers. comm. 1995).
Hedychium coronarium (white ginger) was introduced to Hawaii in the
late 1800s, probably by Chinese immigrants. It escaped from cultivation
and is found in wet and mesic forests on most of the main Hawaiian
islands. The large, vigorous herbs mainly reproduce vegetatively,
forming very dense stands that exclude all other growth. Hedychium
gardnerianum (kahili ginger) was introduced to Hawaii before 1940 from
the Himalayas, and now has major infestations on the islands of Hawaii,
Maui, and Kauai. This species is considered a more serious threat to
native forests because it produces abundant fruit (Cuddihy and Stone
1990, Wagner et al. 1990). Both species of Hedychium threaten
Clermontia samuelii (A.C. Medeiros, pers. comm. 1995), and H.
gardnerianum is a threat to Labordia tinifolia var. lanaiensis (R.
Hobdy, pers. comm. 1994).
Tibouchina herbacea (glorybush), a relative of Koster's curse,
first became established on the island of Hawaii in the late 1970s and,
by 1982, was collected in Lanilili on West Maui (Almeda 1990). Although
the disruptive potential of this alien plant is not fully known, T.
herbacea appears to be invading mesic and wet forests of Hawaii and
Maui (Cuddihy and Stone 1990), and is considered a threat to Clermontia
samuelii, Cyanea copelandii ssp. haleakalaensis, and Cyanea glabra (R.
Hobdy and A.C. Medeiros, pers. comms. 1995).
Sporobolus africanus (smutgrass) was introduced from Africa and has
become naturalized on all the main islands of Hawaii except Niihau and
Kahoolawe. It is typically found in disturbed areas such as road sides
and pastures (O'Connor 1990), and on Maui is a threat to Dubautia
plantaginea ssp. humilis (HPCC 1990).
Pluchea symphytifolia (sourbush) is native to Mexico, the West
Indies, and northern South America. This species is naturalized in dry
forests and ranges into mesic and wet forests on all the main Hawaiian
islands (Wagner et al. 1990). It is a fast growing shrub and can form
dense thickets (Smith 1985). Pluchea symphytifolia is a threat to
Dubautia plantaginea ssp. humilis on West Maui (HPCC 1990).
Emelia fosbergii is a pantropical weed of unknown origin. In Hawaii
it is a common weed in disturbed lowland dry habitats on all the main
islands (Wagner et al. 1990). Emelia fosbergii is a threat to the only
known population of Kanaloa kahoolawensis (Lorence and Wood 1994).
Nicotiana glauca (tree tobacco) was brought to Oahu as an
ornamental from Argentina in the 1860s. It is now naturalized in all
warm temperate regions of the world. On Oahu, Lanai, Maui, and
Kahoolawe, this species is naturalized in disturbed open, dry habitats
(Symon 1990). Nicotiana glauca is a threat to the only known population
of Kanaloa kahoolawensis (Lorence and Wood 1994).
Chloris barbata (swollen finger grass) is native to Central
America, the West Indies, and South America. In Hawaii it is
naturalized in disturbed dry areas on all the main islands, and is a
threat to the only known population of Kanaloa kahoolawensis (Lorence
and Wood 1994, O'Connor 1990).
Erosion, landslides, rockslides, and flooding due to natural
weathering result in the death of individual plants as well as habitat
destruction. This especially affects the continued existence of taxa or
populations found on cliffs, steep slopes, and stream banks that have
limited numbers and/or narrow ranges such as the West Maui population
of Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia
plantaginea ssp. humilis, and Kanaloa kahoolawensis (Lorence and Wood
1994; R. Hobdy, pers. comm. 1995).
The small number of populations and individuals of many of these
taxa increases the potential for extinction from a single human-caused
or natural environmental disturbance. In addition, the small gene pool
may depress reproductive vigor. Four of the plants, Kanaloa
kahoolawensis, Labordia tinifolia var. lanaiensis, Labordia triflora,
and Melicope munroi, are each known from a single population. Four
additional taxa have five or fewer populations (Cyanea copelandii ssp.
haleakalaensis, Cyanea glabra, Dubautia plantaginea ssp. humilis, and
Hedyotis schlechtendahliana var. remyi), and three of the taxa are
estimated to number no more than 10 individuals (Hedyotis
schlechtendahliana var. remyi, Kanaloa kahoolawensis, and Labordia
triflora). All of the taxa in this final rule either number fewer than
15 populations or total fewer than 1,000 individuals (see Table 2).
We have 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, we find that these 10 species should be listed as
endangered--Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis,
Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia
plantaginea ssp. humilis, Hedyotis schlechtendahliana var. remyi,
Kanaloa kahoolawensis, Labordia tinifolia var. lanaiensis, Labordia
triflora, and Melicope munroi. All of these taxa are threatened by one
or more of the following--habitat degradation and/or predation by pigs,
goats, deer, rats, and invertebrates; competition with alien plant taxa
for space, light, water, and nutrients; and, substrate loss. Eight of
the taxa have five or fewer populations, and three of these taxa are
estimated to number no more than 10 individuals. Small population size
and limited distribution make eight of these taxa particularly
vulnerable to extinction from reduced reproductive

[[Page 48319]]

vigor or from random environmental events. Because all of the 10 taxa
are in danger of extinction throughout all or a significant portion of
their ranges, they fit the definition of endangered as defined in the
Act. Therefore, the determination of endangered status for these 10
taxa is warranted.

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.

Prudency Determination

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
the species is determined to be endangered or threatened. Critical
habitat is not prudent when one or both of the following situations
exist--(i) the species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of such threat; (ii) designation of critical habitat would not
be beneficial to the species.
In the proposed rule, we indicated that designation of critical
habitat was not prudent for the six taxa (Dubautia plantaginea ssp.
humilis, Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis,
Labordia tinifolia var. lanaiensis, Labordia triflora, and Melicope
munroi) that are located primarily on non-Federal lands with limited
Federal activities because of a concern that publication of precise
maps and descriptions of critical habitat in the Federal Register could
increase the vulnerability of these plant species to incidents of
collection and general vandalism. In the case of plants, increased
visits to the sites where rare species are found could contribute to
the decline of existing populations through overcollection or
vandalism. We also indicated that designation of critical habitat was
not prudent for the other four taxa (Clermontia samuelii, Cyanea
copelandii ssp. haleakalaensis, Cyanea glabra, and Cyanea hamatiflora
ssp. hamatiflora) located primarily on Federal lands within Haleakala
National Park. National Parks are managed for the protection of native
ecosystems, which should promote protection, conservation, and recovery
of plants that are part of those ecosystems, suggesting no significant
benefit from a designation of critical habitat.
In light of recent court decisions (e.g., Natural Resources Defense
Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th Cir.
1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 1280
(D. Hawaii 1998)) issued since the proposed rule was published we have
reconsidered the prudency finding under the Act. In the Natural
Resources Defense Council case (hereafter NRDC), the Ninth Circuit
held, first, that a not prudent finding premised on increased threats
was justified only if the Service weighs, based on facts in the record,
the benefits of designation against the risks of designation. Second,
it held that the Service erred in finding no benefit to critical
habitat simply because critical habitat would not control the majority
of land-use activities within critical habitat, and that to do so was
inconsistent with Congressional intent that the not prudent exception
to designation should apply ``only in rare circumstances.'' With regard
to non-Federal lands, the court found that they would be subject to
section 7 requirements in the future if their use involved any form of
Federal agency authorization or action. Third, the court found that the
existence of another type of protection, even if potentially greater
than that provided by designating critical habitat, does not justify a
not prudent finding.
The Service continues to be concerned that designation of critical
habitat could potentially increase the threats to these species. Due to
low numbers of individuals or populations and their inherent
immobility, these plants are vulnerable to unrestricted collection,
vandalism or other disturbance. We also remain concerned that these
threats may be exacerbated by the publication of critical habitat maps
and further dissemination of locational information. However, we have
examined the evidence available for each of these ten taxa and have
not, at this time, found specific evidence of taking, vandalism,
collection or trade of any of them or of similarly situated species.
Consequently, consistent with applicable regulations (50 CFR
424.12(a)(1)(i)), we do not find that any of these species are
currently threatened by taking or other human activity, which threats
would be exacerbated by the designation of critical habitat.
In the absence of a finding that critical habitat would increase
threats to a species, if there are any benefits to critical habitat
designation, then a prudent finding is warranted pursuant to the NRDC
decision. In the case of these taxa, there may be some benefits to
critical habitat. The primary regulatory effect of critical habitat is
the section 7 requirement that Federal agencies refrain from taking any
action that destroys or adversely modifies critical habitat. Four of
these species (Clermontia samuelii, Cyanea copelandii ssp.
haleakalaensis, Cyanea glabra, and Cyanea hamatiflora ssp. hamatiflora)
occur in part on Federal land that would be subject to section 7. The
fact that this is land administered by the National Park Service does
not, in itself, justify a not prudent finding in the Ninth Circuit.
However, we will determine at the time of designation whether National
Park Service lands meet the statutory definition of critical habitat.
While the other taxa (Dubautia plantaginea ssp. humilis, Hedyotis
schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia
tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi) are
located exclusively on non-Federal lands with limited Federal
activities, there may be Federal actions affecting these lands in the
future. While a critical habitat designation for habitat currently
occupied by these species would not be likely to change the section 7
consultation outcome because an action that destroys or adversely
modifies such critical habitat would also be likely to result in
jeopardy to the species, there may be instances where section 7
consultation would be triggered only if critical habitat is designated.
Examples could include unoccupied habitat or occupied habitat that may
become unoccupied in the future. There may also be some educational or
informational benefits to critical habitat. Therefore, we find that
critical habitat is prudent for the 10 Maui Nui plant taxa, Clermontia
samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea
hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis,
Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia
tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi.

Proposed Critical Habitat Designations Will Be Consistent With The
Service's Listing Priority Guidance

As a Tier 2 activity, the processing of this final rule conforms
with our current

[[Page 48320]]

listing priority guidance (LPG) for fiscal years 1998 and 1999,
published in the Federal Register on May 8, 1998 (63 FR 25502).
However, at this time, designation of critical habitat is a Tier 3
activity under the current LPG. While we allocated about 17 percent of
the total listing budget for critical habitat actions this fiscal year,
all of Region 1's allocation will be spent complying with court-ordered
designations. Completion of any other Tier 3 activity in Region 1 this
fiscal year is precluded by higher priority listing actions. Future
work on proposed critical habitat designations for these taxa will be
scheduled based on future listing appropriations, the LPG in effect at
that time, and their relative priority compared to other pending
critical habitat proposals.
The Act imposes more listing duties than we currently are able to
meet due to lack of adequate funding. To deal with this difficult
situation, we have developed a series of LPGs to prioritize our various
listing activities in such a way as to secure the most protection for
the greatest number of the most imperiled species in the least time.

The Listing Priority Guidance

The Federal Register notices for the LPGs describe the fiscal
constraints imposed over the past four years in detail. 63 FR 25502
(May 8, 1998) (FY 1998/1999 LPG); 61 FR 64475 (Dec. 5, 1996) (FY 1997
LPG); 61 FR 24722 (May 16, 1996) (FY 1996 LPG). In brief, Congress
originally appropriated $7.999 million for listing in FY 1995. On April
10, 1995, Congress enacted a moratorium on final listing determinations
and critical habitat designations, and rescinded $1.5 million (nearly
twenty percent) of the listing budget. The severe funding shortages and
the listing moratorium continued in FY 1996. From October 1, 1995,
until April 26, 1996, the Department of the Interior operated without a
regularly enacted full-year appropriations bill. Instead, funding for
most of the Department's programs, including the endangered species
listing program, was governed by a series of thirteen ``continuing
resolutions'' (CRs) that severely reduced or eliminated funding for the
Service's listing program. Their net effect was essentially to shut
down the listing program.
After more than six months of continuing resolutions, Congress
allowed the President to lift the listing moratorium and appropriated
$4.0 million for listing in FY 1996, far short of the funds necessary
to process the backlog of 243 final listing determinations that
required action. In FY 1997, although the President requested
approximately $7.5 million for listing, Congress appropriated only $5.0
million. The President requested and received $5.19 million for listing
in FY 1998, and Congress expressly prohibited the expenditure of any
additional funds for listing. This reduced listing budget request was
based on a realistic assessment of the level of funding that might be
obtained and reflected a need to address other endangered species
program activities such as conducting section 7 consultations,
processing section 10 incidental take permit applications, and
developing and implementing recovery plans. Although the Department
also requested that Congress include the amount of the budget that
could be allocated to listing on the face of the appropriations bill,
it did so only to clarify Congress' intent, previously expressed in
Congressional committee reports, that we not divert funding to listings
from other programs. In FY 1999, the President requested significant
increases for all Endangered Species programs, including an increase of
$1.5 million for listing. However, Congress appropriated only an
additional $566,000, for a total listing budget of $5.756 million,
again with an express cap on the listing budget.
To address the backlog that has resulted from the listing
moratorium and subsequent funding constraints, and to meet litigation
deadlines, we employed the LPGs to prioritize listing actions. The
1996, 1997, and 1998/99 LPGs use categories or ``tiers'' of Act listing
actions to guide the expenditure of limited listing funds. Each year,
the content and number of tiers has changed somewhat, reflecting the
progress that the Service has made in reducing the listing backlog. In
the current guidance, the highest priority (Tier 1) is assigned to
emergency listings of species facing an imminent risk of extinction.
The second highest priority (Tier 2) includes processing final
determinations on proposed additions to the lists of endangered and
threatened species, processing new proposals to add species to the
lists, and processing petition findings to add species to the lists.
Preparing proposed and final rules to designate critical habitat is
assigned the lowest priority (Tier 3).
It is essential during periods of limited listing funds to maximize
the conservation benefit of listing appropriations. Designation of
critical habitat is very resource-intensive, and in most cases provides
little additional protection. As explained previously, the primary
regulatory effect of critical habitat is the section 7 requirement that
Federal agencies refrain from taking any action that destroys or
adversely modifies critical habitat. While in some cases critical
habitat may result in some additional section 7 coverage, for example
in unoccupied habitat, the prohibition on destroying critical habitat
generally overlaps the jeopardy prohibition of section 7. There may
also be other benefits of critical habitat, such as increased awareness
by the general public and State and government agencies of the
importance of certain habitat areas. Nevertheless, compared with the
benefits of listing as endangered or threatened, those species that
presently have no protection under the Act, designating critical
habitat for species already receiving its full protection provides
relatively fewer conservation benefits.
Furthermore, designation of critical habitat is expensive and time-
consuming. It entails the detailed identification of all areas
containing the physical or biological features essential to the
conservation of each species (16 U.S.C. 1532(5)(A)). Then, we must
determine which of these areas may require special management
considerations or protection. Maps and written legal descriptions must
be prepared for each area to be proposed for critical habitat (50 CFR
424.12(c)). We must also consider the economic and other impacts of
designating areas as critical habitat (16 U.S.C. 1533(b)(2)). This
requires the preparation of an economic analysis and consideration of
any additional available information concerning other impacts. Then we
must determine whether the benefits of excluding any particular area
outweigh the benefits of including that area as part of the critical
habitat. To insure that the affected public and State and local
governments have an adequate opportunity to comment, we must also
publish each critical habitat proposal in the Federal Register for
public comment; provide actual notice of the proposed regulation to
appropriate State and local government agencies where the taxon is
believed to occur; publish a summary of each proposal in a newspaper of
general circulation in each area where the taxon is believed to occur;
and hold public hearings if requested (16 U.S.C. 1533(b)(5)).
It is very difficult to estimate precisely the time and cost to
develop critical habitat designations for the plants at issue here and
we intend to streamline the process to the extent possible consistent
with our statutory obligations. For example, for the Mexican spotted
owl, the actual designation cost over $341,000. Obviously, the greater
the number of species, the greater the cost. Because of

[[Page 48321]]

the marginal additional protection critical habitat provides, and the
cost of designating it, critical habitat designations have been
accorded a lower priority under the LPG.
Adherence to the LPG has allowed us to make great strides in
eliminating the backlog of pending listing proposals, thus allowing the
implementation of a more balanced listing program. When the moratorium
was lifted, final decisions for 243 proposed listings were pending. In
the four calendar years prior to the moratorium, we made final listing
decisions for an average of 88 species per year. In comparison, in the
twelve months after the moratorium was lifted on April 26, 1996, we
made final listing determinations for 131 species. Since that time, we
further reduced the backlog of pending proposals to list domestic
species, so that 68 such proposals remain pending (as of June 24,
1999), only 1 of which was published prior to the moratorium.
However, at present we still face the dilemma that we cannot
complete all of our statutory listing duties within the time frames
mandated by Congress, given the insufficient funds appropriated by
Congress for this purpose. The LPG is the most efficient way,
consistent with the purposes of the Act, for us to pursue the goal of
reestablishing full compliance with the Act.
The progress we have made in reducing the listing backlog by
employing the LPG has allowed us to slowly expand the activities we
undertake. Resuming work on critical habitat designations, where
prudent, is the next step in this process. In fact, we set aside
$979,000 from the 1999 listing budget to undertake critical habitat
actions. However, current budget levels are clearly insufficient for us
to undertake all of our outstanding critical habitat designations in
addition to meeting our other mandatory listing duties under the Act.
Therefore, we plan to employ a priority system for deciding which ones
should be addressed first. We will focus our efforts on those
designations that will provide the most conservation benefit, taking
into consideration the efficacy of critical habitat designation in
addressing the threats to the species, the magnitude and immediacy of
those threats, and the amount of resources necessary to complete the
designation. We are also in the process of re-examining procedures and
requirements for critical habitat designation, in order to streamline
and expedite such actions to the maximum extent permitted under law (64
FR 31871, June 14, 1999) (notice of intent to clarify the role of
habitat in endangered species conservation).

Region 1's Workload

Administratively, the Service is divided into seven geographic
regions, which report to our headquarters in Washington, DC. Each
region has a regional office and a number of field offices that report
to the regional office. These ten species are under the jurisdiction of
Region 1, which includes California, Oregon, Washington, Idaho, Nevada,
Hawaii, and various Pacific Islands. Within Region 1, these species are
the responsibility of the Pacific Islands Fish and Wildlife Office in
Honolulu, Hawaii.
Region 1 has by far the heaviest endangered species workload of the
Service's seven regions. About one-half of all species listed under the
Act fall within Region 1's jurisdiction. Since the listing moratorium
was lifted in April 1996, Region 1 has expended much of its limited
listing resources on the completion of final determinations on proposed
rules to list species. From April 1996 through June 24, 1999, we made
210 final determinations for Region 1 species (81 percent of the
nationwide total of 260). In that time frame, Region 1 also proposed
rules for 49 species (56 percent of the nationwide total of 88), and
completed 9 petition findings (20 percent of the nationwide total of
44).
Region 1 likewise has a heavy listing workload for the remainder of
FY 1999. Region 1 has the lead on forty-six species proposed for
listing for which final determinations must be made. Region 1 must also
complete 12-month findings for an additional five species. Moreover,
Region 1 has primary responsibility for about 100 candidate species,
many of which face imminent, high-magnitude threats to their existence.
Finally, Region 1 has 5 listing petitions awaiting 90-day findings.
Under the LPG, these are all Tier 2 activities that should be given
priority to ensure that species in need of the fundamental protections
of the Act are addressed. Currently, there is one draft final delisting
package awaiting revision by the Pacific Islands Fish and Wildlife
Office listing staff and, seven draft proposed listing packages
covering 39 species awaiting revision by either the Regional Office
listing staff or the Pacific Islands Fish and Wildlife Office. In
addition, preparation of proposed listing rules for 28 Hawaiian plant
species and 2 species of butterflies from the Northern Marianas Islands
have been put on hold indefinitely due to the increased workload
associated with the determination and designation of critical habitat
for the listed species under litigation.
Region 1 must also expend its listing resources to comply with
existing court orders or settlement agreements. In fact, this fiscal
year, all of the Region's allocation for critical habitat actions will
be expended to comply with these court orders. For example, we have
been ordered to propose critical habitat for the tidewater goby by
August 3, 1999, and to complete final critical habitat designation for
the western snowy plover by December 1, 1999. In addition, Region 1 had
to comply with a court order to reanalyze a previous not prudent
finding for critical habitat for the coastal California gnatcatcher.
This reanalysis was completed this fiscal year, and we are beginning
the analysis on specific sites to identify any areas that may be
appropriate for proposed critical habitat designation. Complying with
these orders will require a significant commitment of resources.
By far the greatest litigation-driven commitment of listing
resources will be required to comply with the order in Conservation
Council of Hawaii v. Babbitt. There, the district court remanded to the
Service its ``not prudent'' findings on critical habitat designation
for 245 species of Hawaiian plants. The court ordered us not only to
reconsider these findings but also to designate critical habitat for
any species for which we determine on remand that critical habitat
designation is prudent. This order essentially requires a single field
office to draft critical habitat determinations for over one-fifth of
all the species that have ever been listed in the history of the Act,
and encompasses more than one-third of all listed plants. Compliance
with this court order, set on a schedule to run through 2003, will
require an enormous commitment of listing resources that may delay
other Region 1 listing activity for years. Because of this tremendous
court ordered workload, the Pacific Islands Fish and Wildlife Office is
only working on emergency listing actions (Tier 1) in addition to
lawsuit driven listing activities; all remaining Tier 2 activities
remaining in the office will not be completed. While we cannot predict
the outcome of the Congressional appropriation process for FY 2000 it
is very unlikely that it will see a significant increase in its listing
budget and it is more reasonable to expect that the budget will be at a
slightly lower level than FY 1999. If this is the case, it is likely
that the Pacific Islands Fish and Wildlife Office will continue to have
the ability to work only on court ordered and emergency listing
actions.

[[Page 48322]]

Of the $5.756 million appropriated in FY 1999 for listing actions,
Region 1 was allocated $2.964 million (over 50 percent). Of the
$979,000 allocated to critical habitat, Region 1 received $460,000, or
47 percent. These funds are insufficient to fulfill all of its section
4 listing duties during FY 1999 as well as to comply with existing
court orders regarding critical habitat. Therefore, designating
critical habitat for these 10 taxa at this time (Tier 3 activities)
would come at the expense of providing basic protection under the Act
to species not yet listed (Tier 2 activities).
We will develop critical habitat designations for these ten taxa as
soon as feasible. At the present time, we expect that the most
expeditious way of processing these designations will be to process
them with the 245 Hawaiian plant species for which critical habitat
determinations have been remanded to us in Conservation Council of
Hawaii v. Babbitt. As a result, we currently anticipate that the
proposed critical habitat designation will be completed by April 20,
2002, and the final rules will be completed by April 20, 2003.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing can encourage and result 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 species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) of the Act requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of a listed species or to
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Populations of four of the endangered taxa occur on National Park
Service land. The National Park Service monitors and manages rare and
endangered species populations within Haleakala National Park (S.
Anderson, pers. comm. 1998).
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. With respect to the 10 species in this final rule, all
prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR
17.61, would 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 species to/from the United States;
transport such species in interstate or foreign commerce in the course
of a commercial activity; sell or offer for sale such a species in
interstate or foreign commerce; remove and reduce such a species to
possession from areas under Federal jurisdiction; maliciously damage or
destroy any such species from areas under Federal jurisdiction; or
remove, cut, dig up, or damage or destroy any such species 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 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 anticipated that few permits would ever be sought or
issued because these 10 species are not common in cultivation or in the
wild.
It is our policy, published in the Federal Register on July 1, 1994
(59 FR 34272), to identify to the maximum extent practicable at the
time a species is listed those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of this listing on
proposed and ongoing activities within the species' range. Four of the
species occur on Federal lands under the jurisdiction of the National
Park Service. 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). We are not aware of any trade
in these species.
We believe that, based on the best available information at this
time, the following actions will not result in a violation of section 9
on private land provided that they do not violate State trespass or
other laws--hunting, bird watching, and hiking. Activities for which a
Federal endangered species permit is issued to allow collection for
scientific or recovery purposes would also not result in a violation of
section 9. We are not aware of any otherwise lawful activities being
conducted or proposed by the public that will be affected by this
listing and result in a violation of section 9. General prohibitions
and exceptions that apply to all endangered plants in section 9(a)(2)
of the Act, implemented by 50 CFR 17.61, apply as discussed earlier in
this section.
Questions regarding whether specific activities will constitute a
violation of section 9 of the Act should be directed to the Pacific
Islands Ecoregion Manager (see ADDRESSES section). Requests for copies
of the regulations concerning listed plants and inquiries regarding
prohibitions and permits may be addressed to the Fish and Wildlife
Service, Ecological Services, Permits Branch, 911 N.E. 11th Avenue,
Portland, Oregon 97232-4181 (telephone 503-231-2063; facsimile 503-231-
6243).

Hawaii State Law

Federal listing will automatically invoke listing under the State's
endangered species law. Hawaii's endangered species law states, ``Any
species of aquatic life, wildlife, or land plant that has been
determined to be an endangered species pursuant to the Federal
Endangered Species Act shall be deemed to be an endangered species
under the provisions of this chapter * * *'' (HRS, sect. 195D-4(a)).
Therefore, Federal listing will accord the species listed status under
Hawaii State law. State law prohibits cutting, collecting, uprooting,
destroying, injuring, or possessing any listed species of plant on
State or private land, or attempting to engage in any such conduct. The
State law encourages conservation of such species by State agencies and
triggers other State regulations to protect the species (HRS, sect.
195AD-4 and 5).

Paperwork Reduction Act

This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance

[[Page 48323]]

number 1018-0094. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid control number. For additional information
concerning permit and associated requirements for endangered species,
see 50 CFR 17.62.

National Environmental Policy Act

We have 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. We
published a notice outlining our reasons for this determination 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 Fish and Wildlife Office (see
ADDRESSES section).

Author

The authors of this final rule are Karen ``Kitti'' Jensen and
Christa Russell, telephone 808-541-3441 or facsimile 808-541-3470 (see
ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Final Regulation Promulgation

Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

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

2. Amend section 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants

* * * * * * *
Clermontia samuelii.............. Oha wai............. U.S.A (HI)......... Campanulaceae--Bell E 666 NA NA
flower.

* * * * * * *
Cyanea copelandii ssp. Haha................ U.S.A. (HI)........ Campanulaceae--Bell E 666 NA NA
haleakalaensis. flower.

* * * * * * *
Cyanea glabra.................... Haha................ U.S.A. (HI)........ Campanulaceae--Bell E 666 NA NA
flower.

* * * * * * *
Cyanea hamatiflora ssp. Haha................ U.S.A. (HI)........ Campanulaceae--Bell E 666 NA NA
hamatiflora. flower.

* * * * * * *
Dubautia plantaginea ssp. humilis Naenae.............. U.S.A. (HI)........ Asteraceae--Sunflow E 666 NA NA
er.

* * * * * * *
Hedyotis schlechtendahliana var. Kopa................ U.S.A. (HI)........ Rubiaceae--Coffee.. E 666 NA NA
remyi.

* * * * * * *
Kanaloa kahoolawensis............ None................ U.S.A. (HI)........ Fabaceae--Legume... E 666 NA NA

* * * * * * *
Labordia tinifolia var. Kamakahala.......... U.S.A. (HI)........ Loganiaceae--Logan. E 666 NA NA
lanaiensis.

* * * * * * *
Labordia triflora Kamakahala.......... U.S.A. (HI)........ Loganiaceae--Logan. E 666 NA NA

* * * * * * *
Melicope munroi.................. Alani............... U.S.A. (HI) ................... E 666 NA NA
Rutaceae--Citrus.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 48324]]

Dated: August 24, 1999.

John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 99-22969 Filed 9-2-99; 8:45 am]
BILLING CODE 4310-55-P