[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Proposed Rules]
[Pages 82086-82126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31080]



[[Page 82085]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Prudency Determinations 
for Eight Plant Species From the Hawaiian Islands, and Proposed 
Critical Habitat Designations for Eighteen Plant Species From the 
Island of Lanai, Hawaii; Proposed Rule

  Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / 
Proposed Rules  

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 DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH10


Endangered and Threatened Wildlife and Plants; Prudency 
Determinations for Eight Plant Species From the Hawaiian Islands, and 
Proposed Critical Habitat Designations for Eighteen Plant Species From 
the Island of Lanai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of prudency determination.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
reconsidered our findings concerning whether designating critical 
habitat for eight federally protected plants from the island of Lanai 
would be prudent. Some of these plant species may also occur on other 
Hawaiian Islands. The eight plants were listed as endangered species 
under the Endangered Species Act of 1973, as amended (Act), between 
1991 and 1996. At the time each plant was listed, we determined that 
designation of critical habitat was not prudent because it would 
increase the degree of threat to the species and/or would not benefit 
the plant.
    We propose that critical habitat is prudent for seven of these 
species (Abutilon eremitopetalum, Cyanea macrostegia ssp. gibsonii, 
Gahnia lanaiensis, Hedyotis mannii, Portulaca sclerocarpa, 
Tetramolopium remyi, and Viola lanaiensis) because the potential 
benefits of designating critical habitat essential for the conservation 
of these species outweigh the risks that may result from human activity 
due to critical habitat designation. Therefore, we are proposing the 
designation of critical habitat for these seven species. We propose 
that designation of critical habitat is not prudent for one species, 
Phyllostegia glabra var. lanaiensis, which is no longer extant in the 
wild, and for which no genetic material is currently known. Such 
designation would not be beneficial to this species.
    For three additional species from Lanai, Hedyotis 
schlechtendahliana var. remyi, Labordia tinifolia var. lanaiensis, and 
Melicope munroi, we determined that designation of critical habitat was 
prudent at the time of their listing as endangered species in 1999. 
Critical habitat designations for these species are also proposed at 
this time.
    In addition, we proposed that critical habitat was prudent for nine 
species (Bonamia menziesii, Centarium sebaeoides, Clermontia 
oblongifolia ssp. mauiensis, Ctenitis squamigera, Cyanea grimesiana 
ssp. grimesiana, Cyrtandra munroi, Hibiscus brackenridgei, Spermolepis 
hawaiiensis, and Vigna o-wahuensis) from Lanai that also occur on 
Kauai, Niihau, Maui, and/or Kahoolawe in proposed rules published 
earlier in 2000. Critical habitat designations for these species on 
Lanai are proposed at this time, with the exception of Vigna o-
wahuensis for which we do not currently know the specific location of 
this species on Lanai.
    We solicit data and comments from the public on all aspects of this 
proposal, including data on the economic and other impacts of the 
proposed designations. We may revise this proposal to incorporate or 
address new information received during the comment period.

DATES: We must receive comments from all interested parties by February 
26, 2001. Public hearing requests must be received by February 12, 
2001.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    You may submit written comments and information to the Field 
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., P.O. Box 50088, Honolulu, Hawaii 96850-0001.
    You may send comments by electronic mail (e-mail) to 
[email protected]. Please submit comments in ASCII file format 
and avoid the use of special characters and encryption. Please include 
``Attn: 1018-AH10'' and your name and return address in your e-mail 
message. If you do not receive a confirmation from the system that we 
have received your e-mail message, contact us directly by calling our 
Pacific Islands Office at phone number 808/541-3441. Please note that 
the e-mail address ([email protected]) will be closed at the 
termination of the public comment period.
    You may hand-deliver written comments to our Pacific Islands Office 
at 300 Ala Moana Blvd., Room 3-122, Honolulu, Hawaii.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule will be 
available for public inspection, by appointment, during normal business 
hours at the Pacific Islands Office.

FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific 
Islands Office (see ADDRESSES section) (telephone 808/541-3441; 
facsimile 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    We have reconsidered our findings concerning whether designating 
critical habitat for eight federally protected plants from the island 
of Lanai is prudent. Currently, four of these species (Abutilon 
eremitopetalum, Cyanea macrostegia ssp. gibsonii, Gahnia lanaiensis, 
and Viola lanaiensis) are endemic to the island of Lanai, while two 
species (Hedyotis mannii and Portulaca sclerocarpa) are known from 
Lanai, as well as one or more other islands. One species, Tetramolopium 
remyi, was known from Maui and Lanai but is currently only extant on 
Lanai (Table 1). We believe the eighth species, Phyllostegia glabra 
var. lanaiensis, may be extinct.
    Proposed prudency determinations for nine species (Bonamia 
menziesii, Centarium sebaeoides, Clermontia oblongifolia ssp. 
mauiensis, Ctenitis squamigera, Cyanea grimesiana ssp. grimesiana, 
Cyrtandra munroi, Hibiscus brackenridgei, Spermolepis hawaiiensis, and 
Vigna o-wahuensis) which also occur on the islands of Kauai or Niihau 
were published in a previous proposal (65 FR 66807); those which also 
occur on Maui or Kahoolawe are being published in a concurrent 
proposal.
    In addition, for three species (Hedyotis schlechtendahliana var. 
remyi, Labordia tinifolia var. lanaiensis, and Melicope munroi), we 
determined that designation of critical habitat was prudent at the time 
of their listing as endangered species in 1999. Proposed critical 
habitat designations for these species are included in this proposal.

[[Page 82087]]



                                                                 Table 1.--Summary of Island Distribution of 37 Species on Lanai
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                                                                                                         Island distribution
                                   -------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                          N.W.
              Species                                                                                                                                                                    Isles,
                                           Kauai               Oahu               Molokai              Lanai               Maui                             Hawaii                     Kahoolawe
                                                                                                                                                                                         Niihau
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Abutilon eremitopetalum (No common  ..................  ..................  ..................  C
 name).
Adenophorus periens (pendant kihi   C                   H                   C                   R                   R                   C............................................
 fern).
Bidens micrantha sp. kalealaha (ko  ..................  ..................  ..................  H                   C
 oko alau).
Bonamia menziesii (No common name)  C                   C                   H                   C                   C                   C............................................
Brighamia rockii (pua ala)........  ..................  ..................  C                   H                   H
Cenchrus agrimonioides (No common   ..................  C                   ..................  H                   C                   R............................................  NW Isles
 name).                                                                                                                                                                                  (H)
Centaurium sebaeoides (awiwi).....  C                   C                   C                   C                   C
Clermontia oblongifolia ssp.        ..................  ..................  ..................  C                   C
 mauiensis (oha wai).
Ctenitis squamigera (pauoa).......  H                   C                   H                   C                   C                   H............................................
Cyanea grimesiana ssp. grimesiana   ..................  C                   C                   C                   C
 (haha).
Cyanea lobata (haha)..............  ..................  ..................  ..................  H                   C
Cyanea macrostegia ssp. gibsonii    ..................  ..................  ..................  C
 (haha).
Cyperus trachysanthos (pu uka a)..  C                   C                   H                   H                   ..................  .............................................  Ni(C)
Cyrtandra munroi (ha iwale).......  ..................  ..................  ..................  C                   C
Diellia erecta (No common name)...  H                   H                   C                   H                   C                   C............................................
Diplazium molokaiense (No common    H                   H                   H                   H                   C
 name).
Gahnia lanaiensis (No common name)  ..................  ..................  ..................  C
Hedyotis mannii (No common name)..  ..................  ..................  C                   C                   H
Hedyotis schlechtendahliana var.    ..................  ..................  ..................  C
 remyi (kopa).
Hesperomannia arborescens (No       ..................  C                   C                   H                   C
 common name).
Hibiscus brackenridgei (mao hau     H                   C                   H                   C                   C                   C............................................  Ka(R)
 hele).
Isodendrion pyrifolium (aupaka)...  ..................  H                   H                   H                   H                   C............................................  Ni(H)
Labordia tinifolia var. lanaiensis  ..................  ..................  ..................  C
 (kamakahala).
Mariscus faurei (No common name)..  ..................  ..................  C                   H                   ..................  C............................................
Melicope munroi (alani)...........  ..................  ..................  H                   C
Neraudia sericea (No common name).  ..................  ..................  C                   H                   C                   .............................................  Ka(H)
Phyllostegia glabra var.            ..................  ..................  ..................  H
 lanaiensis (ulihi).
Portulaca sclerocarpa (po e)......  ..................  ..................  ..................  C                   ..................  C............................................
Sesbania tomentosa (ohai).........  C                   C                   C                   H                   C                   C............................................  Ni(H),
                                                                                                                                                                                       Ka(C), NW
                                                                                                                                                                                       Isles (C)
Silene lanceolata (No common name)  H                   C                   C                   H                   ..................  C............................................
Solanum incompletum (popolo ku      H                   ..................  H                   H                   H                   C............................................
 mai).
Spermolepis hawaiiensis (No common  C                   C                   C                   C                   C                   C............................................
 name).
Tetramolopium lepidotum ssp.        ..................  C                   ..................  H
 lepidotum (No common name).
Tetramolopium remyi (No common      ..................  ..................  ..................  C                   H
 name).
Vigna o-wahuensis (No common name)  ..................  H                   C                   C                   C                   C............................................  Ni(H),
                                                                                                                                                                                       Ka(C)
Viola lanaiensis (No common name).  ..................  ..................  ..................  C

[[Page 82088]]

 
Zanthoxylum hawaiiense (ae).......  C                   ..................  C                   H                   C                   C ...........................................
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KEY:
C (Current)--population last observed within the past 30 years.
H (Historical)--population not seen for more than 30 years.
R (Reported)--reported from undocumented observations.

    An additional 17 species are known only from historical records 
(pre-1970) on Lanai or from undocumented observations (Table 1). 
Proposed prudency determinations and proposed critical habitat 
designations or non-designations for these species which still occur on 
other islands have been or will be included in the proposed rules for 
the islands on which they currently occur (Table 2).

  Table 2.--List of Proposed Rules in Which Prudency Determinations and
 Critical Habitat Designations/Non-Designations Were or Will Be Proposed
              for 14 Species That no Longer Occur on Lanai
------------------------------------------------------------------------
                                                       Proposed rule in
                                                        which critical
                                   Proposed rule in         habitat
             Species                which prudency     designations/non
                                   will be  proposed   designations will
                                                         be discussed
------------------------------------------------------------------------
Brighamia rockii................  Molokai...........  Molokai.
Cenchrus agrimonioides..........  Maui and Kahoolawe  Maui and
                                                       Kahoolawe; Oahu.
Cyperus trachysanthos...........  Kauai and Niihau    Kauai and Niihau
                                   (65 FR 66807).      (65 FR 66807);
                                                       Oahu.
Diellia erecta..................  Maui and Kahoolawe  Maui and
                                                       Kahoolawe;
                                                       Molokai; Hawaii;
                                                       Oahu.
Diplazium molokaiense...........  Maui and Kahoolawe  Maui and Kahoolawe
Hesperomannia arborescens.......  Maui and Kahoolawe  Maui and
                                                       Kahoolawe;
                                                       Molokai; Oahu.
Isodendrion pyrifolium..........  Hawaii............  Hawaii.
Mariscus faurei.................  Molokai...........  Molokai; Hawaii.
Neraudia sericea................  Maui and Kahoolawe  Maui and
                                                       Kahoolawe;
                                                       Molokai.
Sesbania tomentosa..............  Kauai and Niihau    Kauai and Niihau
                                   (65 FR 66807).      (65 FR 66807);
                                                       Maui and
                                                       Kahoolawe;
                                                       Molokai;
                                                       Northwest
                                                       Hawaiian Islands;
                                                       Hawaii; Oahu.
Silene lanceolata...............  Molokai...........  Molokai; Hawaii;
                                                       Oahu.
Solanum incompletum.............  Hawaii............  Hawaii.
Tetramolopium lepidotum ssp.      Oahu..............  Oahu
 lepidotum.
Zanthoxylum hawaiiense..........  Kauai and Niihau    Kauai and Niihau
                                   (65 FR 66807).      (65 FR 66807);
                                                       Maui and
                                                       Kahoolawe;
                                                       Molokai; Hawaii.
------------------------------------------------------------------------

    Critical habitat is proposed for designation within 10 units on the 
island of Lanai. The land area within these units totals 1,953 hectares 
(ha) (4,826 acres (ac)). If this proposal is made final, section 7 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.) would prohibit destruction or adverse modification of critical 
habitat through any activity funded, authorized, or carried out by any 
Federal agency. Section 4 of the Act requires us to consider economic 
and other impacts of specifying any particular area as critical 
habitat.

The Island of Lanai

    Lanai is a small island totaling about 360 square kilometers (sq 
km) (139 square miles (sq mi) in area. Hidden from the trade winds in 
the lee or rain shadow of the more massive West Maui Mountains, Lanai 
was formed from a single shield volcano built by eruptions at its 
summit and along three rift zones. The principal rift zone runs in a 
northwesterly direction and forms a broad ridge whose highest point, 
Lanaihale, has an elevation of 1,027 meters (m) (3,370 feet (ft)) 
(Department of Geography 1998). The entire ridge is commonly called 
Lanaihale, after its highest point. Annual rainfall on the summit of 
Lanaihale is 760-1,015 millimeters (mm) (30-40 inches (in.)), but is 
considerably less, 250-500 mm (10-20 in.), over much of the rest of the 
island (Department of Geography 1998).
    Geologically, Lanai is part of the four island complex comprising 
Maui, Molokai, Lanai, and Kahoolawe, known collectively as Maui Nui 
(Greater Maui). During the last Ice Age about 12,000 years ago when sea 
levels were about 160 m (525 ft) less than their present level, these 
four islands were connected by a broad lowland plain (Department of 
Geography 1998). This land bridge allowed the movement and interaction 
of each island's flora and fauna and contributed to the present close 
relationships of their biota.
    Changes in Lanai's ecosystem began with the arrival of the first 
Polynesians about 1500 years ago. In the 1800s, goats (Capra hircus) 
and sheep (Ovis aries) were first introduced to the island. Native 
vegetation was soon decimated by these non-native ungulates, and 
erosional processes from wind and rain caused further damage to the 
native forests (Hobdy 1993). Formal ranching was begun in 1902, and by 
1910, the Territory forester helped to revegetate the island. By 1911, 
a ranch manager from New Zealand, George Munro, instituted a forest 
management practice to recover the native forests and bird species 
which included fencing and eradication of sheep and goats from the 
mountains. By the 1920s, Castle and Cooke had acquired more than 98 
percent of the island and established a 6,500 ha (16,000 ac) pineapple 
plantation surrounding its company town, Lanai City. In the early 
1990s, the pineapple plantation closed, and luxury hotels were 
developed by the private landowner, sustaining the island's economy 
today.

[[Page 82089]]

Discussion of the 19 Plant Taxa

Species Endemic to Lanai

Abutilon eremitopetalum

    Abutilon eremitopetalum is a long-lived shrub in the mallow family 
(Malvaceae) with grayish-green, densely hairy, heart-shaped leaves. It 
is the only Abutilon on Lanai whose flowers have green petals hidden 
within the calyx (the outside leaflike part of the flower) (Bates 
1999).
    Little is known about the life history of Abutilon eremitopetalum. 
It apparently flowers during the wet season (e.g. February) (Service 
1995). Pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown.
    Historically, Abutilon eremitopetalum was found in small, widely 
scattered colonies at elevations of between 215 and 305 meters (m) (700 
and 1,000 ft) in the ahupuaa (geographical areas) of Kalulu, Mahana, 
Maunalei, Mamaki, and Paawili on the northern, northeastern, and 
eastern parts of Lanai Island (Caum 1933; Hawaii Natural Heritage 
Program (HINHP) Database 2000; Service 1995). Currently, about seven 
individuals are known from a single population in Kahea Gulch on the 
northeastern part of the island (Geographic Decision Systems 
International (GDSI) 2000; HINHP Database 2000).
    Abutilon eremitopetalum is found in lowland dry forest. The only 
known population is found at an elevation of 335 m (1,100 ft) on a 
moderately steep north-facing slope on red sandy soil and rock. 
Historically, A. eremitopetalum has been reported from elevations of 
210-521 m (690-1,710 ft). Erythrina sandwicensis (wili wili) and 
Diospyros ferrea (lama) are the dominant trees in open forest of the 
area. Other associated native taxa include Canthium odoratum (ohee), 
Dodonaea viscosa (aalii), Nesoluma polynesicum (keahi), Rauvolfia 
sandwicensis (hao), Sida fallax (ilima), and Wikstroemia sp. (akia) 
(Service 1995; HINHP Database 2000).
    The threats to Abutilon eremitopetalum are habitat degradation and 
competition by encroaching exotic plant species such as Lantana camara 
(lantana), Leucaena leucocephala (koa haole), and Pluchea carolinensis 
(sourbush); browsing by axis deer (Axis axis); soil erosion caused by 
feral ungulate grazing on grasses and forbs; and the small number of 
extant individuals, as the limited gene pool may depress reproductive 
vigor, or a single natural or man-caused environmental disturbance 
could destroy the only known existing population. Fire is another 
potential threat because the area is dry much of the year (HINHP 
Database 2000; 56 FR 47686; Service 1995).

Cyanea macrostegia ssp. gibsonii

    Cyanea macrostegia ssp. gibsonii, a long-lived perennial and a 
member of the bellflower family (Campanulaceae), is a palm-like tree 1 
to 7 m (3 to 23 ft) tall with elliptic or oblong leaves that have fine 
hairs covering the lower surface. The following combination of 
characters separates this taxon from the other members of the genus on 
Lanai: calyx lobes are oblong, narrowly oblong, or ovate in shape; and 
the calyx and corolla (petals of a flower) both more than 0.5 
centimeters (cm) (0.2 in.) wide (Lammers 1999; 56 FR 47686).
    Cyanea macrostegia ssp. gibsonii was seen flowering in the month of 
July; however, details of its flowering period are unknown. Pollination 
vectors, seed dispersal agents, longevity of plants and seeds, specific 
environmental requirements, and other limiting factors are unknown 
(Service 1995).
    Cyanea macrostegia ssp. gibsonii historically is documented from 
the summit of Lanaihale and the upper parts of Mahana, Kaiholena, and 
Maunalei Valleys of Lanai (Lammers 1999; 56 FR 47686). There are a 
total of seven populations containing 74 individuals (HINHP Database 
2000). Presently, this taxon is known from Lanaihale, Kaiholena, 
between Kunoa and Waialala Gulches, Waialala Gulch, Kunoa Gulch, south 
of Kahinahina Ridge, and at the head of Hauola Gulch (GDSI 2000; HINHP 
Database 2000).
    The habitat of Cyanea macrostegia ssp. gibsonii is lowland wet 
Metrosideros polymorpha (ohia) forest or Diplopterygium pinnatum (uluhe 
lau nui)--M. polymorpha shrubland between elevations of 760-970 m 
(2,490-3,180 ft). It has been observed to grow on flat to moderate or 
steep slopes, usually on lower gulch slopes or gulch bottoms, often at 
edges of streambanks, probably due to vulnerability to ungulate damage 
at more accessible locations. Sites are sunny to shady, mesic to wet 
with clay or other soil substrate. Associated vegetation includes 
Dicranopteris linearis (uluhe), Perrottetia sandwicensis (olomea), 
Scaevola chamissoniana (naupaka kuahiwi), Pipturus sp. (mamake), 
Antidesma sp. (hame), Freycinetia arborea (ieie), Psychotria sp. 
(kopiko), Cyrtandra sp. (ha iwale), Broussaisia arguta (kanawao), 
Cheirodendron sp. (olapa), Clermontia sp. (oha wai), Dubautia sp. (na 
ena e), Hedyotis sp. (No Common Name), Ilex anomala (aiea), Labordia 
sp. (kamakahala), Melicope sp. (alani), Pneumatopteris sp. (No common 
name), and Sadleria sp. (ama u) (Service 1995; HINHP Database 2000).
    The threats to Cyanea macrostegia ssp. gibsonii are browsing by 
deer; competition with the alien plant Hedychium gardnerianum (kahili 
ginger); and the small number of extant individuals, as the limited 
gene pool may depress reproductive vigor, or any natural or man-caused 
environmental disturbance could destroy the existing populations (HINHP 
Database 2000; Service 1995; 56 FR 47686).

Gahnia lanaiensis

    Gahnia lanaiensis, a short-lived perennial and a member of the 
sedge family (Cyperaceae), is a tall (1.5 to 3 m (5 to 10 ft)), tufted, 
grass-like plant. This sedge may be distinguished from grasses and 
other genera of sedges on Lanai by its spirally arranged flowers, its 
solid stems, and its numerous, three-ranked leaves. Gahnia lanaiensis 
differs from the other members of the genus on the island by its 
achenes (seed-like fruits), which are 0.36 to 0.46 cm (0.14 to 0.18 
in.) long and purplish-black when mature (Koyama 1999).
    July has been described as the ``end of the flowering season'' for 
Gahnia lanaiensis (Degener et al. 1964). Plants of this species have 
been observed with fruit in October (56 FR 47686). Pollination vectors, 
seed dispersal agents, longevity of plants and seeds, specific 
environmental requirements, and other limiting factors are unknown.
    Gahnia lanaiensis is known from a total of three populations 
containing 47 individuals along the summit of Lanaihale, in the 
Haalelepaakai area and on the eastern edge of Hauola Gulch (HINHP 
Database 2000). The populations are found between 915 and 1,030 m 
(3,000 and 3,380 ft) in elevation (GDSI 2000; HINHP Database 2000). 
This distribution encompasses the entire known historic range of the 
species.
    The habitat of Gahnia lanaiensis is lowland wet forest (shrubby 
rainforest to open scrubby fog belt or degraded lowland mesic forest), 
wet Diplopterygium pinnatum-Dicranopteris linearis-Metrosideros 
polymorpha shrubland, or wet Metrosideros polymorpha-Dicranopteris 
linearis shrubland. It occurs on flat to gentle ridgecrest topography 
in moist to wet clay or other soil substrate in open areas or in 
moderate shade. Associated species include native mat ferns, Doodia sp. 
(okupukupu lau ii), Odontosoria chinensis (pala a), Ilex anomala,

[[Page 82090]]

Hedyotis terminalis (manono), Sadleria sp., Coprosma sp. (pilo), 
Lycopodium sp. (wawae iole), Scaevola sp. (naupaka), and Styphelia 
tameiameiae (pukiawe) (Service 1995).
    The primary threat to this species is the small number of plants 
and their restricted distribution, which increases the potential for 
extinction from naturally occurring events. In addition, Gahnia 
lanaiensis is threatened by the planned development of the island; 
disturbance of the soil or destruction of groundcover plants which 
would increase the potential for erosion and open areas to invading 
non-native plants; and Leptospermum scoparium (manuka), a weedy tree 
introduced from New Zealand which is spreading along Lanaihale, but has 
not yet reached the area where Gahnia is found (Service 1995; HINHP 
Database 2000).

Hedyotis schlechtendahliana var. remyi

    Hedyotis schlechtendahliana var. remyi, a short-lived perennial and 
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 glaucous (with a fine 
waxy coating that imparts a whitish or bluish hue to the stem). The 
species is distinguished from others in the genus by the distance 
between leaves and the length of the sprawling or climbing stems, and 
the variety remyi is distinguished from Hedyotis schlechtendahliana 
var. schlechtendahliana by the leaf shape, presence of narrow flowering 
stalks, and flower color (Wagner et al. 1999).
    Pollination vectors, seed dispersal agents, longevity of plants and 
seeds, specific environmental requirements, and other limiting factors 
are unknown for Hedyotis schlechtendahliana var. remyi.
    Historically, Hedyotis schlechtendahliana var. remyi was known from 
five locations on the northwestern portion of Lanaihale (HINHP Database 
2000; Wagner et al. 1999; 64 FR 48307). Currently, this species is 
known from eight individuals in three populations on Kaiholeha-Hulupoe 
Ridge, Kapohaku drainage, and Waiapaa drainage on Lanaihale (GDSI 2000; 
HINHP Database 2000).
    Hedyotis schlechtendahliana var. remyi typically grows on or near 
ridge crests in mesic windswept shrubland with a mixture of dominant 
plant taxa that may include Metrosideros polymorpha, Dicranopteris 
linearis, or Styphelia tameiameiae at elevations between 732 and 914 m 
(2,400 to 3,000 ft). Associated plant taxa include Dodonaea viscosa, 
Odontosoria chinensis, Sadleria sp., Dubautia sp., and Myrsine sp. 
(kolea) (HINHP Database 2000; 64 FR 48307).
    The primary threats to Hedyotis schlechtendahliana var. remyi are 
habitat degradation and destruction by axis deer; competition with 
alien plant taxa such as Psidium cattleianum (strawberry guava), Myrica 
faya (firetree), Leptospermum scoparium, and Schinus terebinthifolius 
(christmasberry); and random environmental events or reduced 
reproductive vigor due to the small number of remaining individuals and 
populations (HINHP Database 2000; 64 FR 48307).

Labordia tinifolia var. lanaiensis

    Labordia tinifolia var. lanaiensis, a short lived perennial in 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. This subspecies differs from the other taxa in this endemic 
Hawaiian genus by having larger capsules and smaller corollas (Wagner 
et al. 1999). Flowering time, pollination vectors, seed dispersal 
agents, longevity of plants and seeds, specific environmental 
requirements, and other limiting factors are unknown.
    Labordia tinifolia var. lanaiensis was historically known from the 
entire length of the summit ridge of Lanaihale (HINHP Database 2000). 
Currently, L. t. var. lanaiensis is known from only three populations 
at the southeastern end of the summit ridge of Lanaihale (HINHP 
Database 2000). These populations total 300 to 800 scattered 
individuals (GDSI 2000).
    The typical habitat of Labordia tinifolia var. lanaiensis is 
lowland mesic forest associated with the native species Dicranopteris 
linearis and Scaevola chamissoniana, at elevations between 710 and 
1,020 m (2,330 and 3,345 ft) (HINHP Database 2000; 64 FR 48307).
    Labordia tinifolia var. lanaiensis is threatened by axis deer and 
several alien plant taxa. The species is also threatened by random 
environmental factors because of the small number of populations (64 FR 
48307).

Viola lanaiensis

    Viola lanaiensis, a short-lived perennial of the violet family 
(Violaceae), is a small, erect, unbranched or little branched subshrub. 
The leaves, which are clustered toward the upper part of the stem, are 
lance-shaped with a pair of narrow, membranous stipules (leaf-like 
appendages arising from the base of a leaf) below each leaf axis. The 
flowers are small, white with purple tinged or with purple veins, and 
occur singly or up to four per upper leaf axil. The fruit is a capsule, 
about 1.0 to 1.3 cm (0.4 to 0.5 in) long (Wagner et al. 1999). It is 
the only member of the genus on Lanai. Flowering time, pollination 
vectors, seed dispersal agents, longevity of plants and seeds, specific 
environmental requirements, and other limiting factors are unknown.
    Viola lanaiensis was known historically from scattered sites on the 
summit, ridges, and upper slopes of Lanaihale (from near the head of 
Kaiolena and Hookio Gulches to the vicinity of Haalelepaakai, a 
distance of about 4 km (2.5 mi), at elevations of approximately 850-975 
m (2,790-3,200 ft). An occurrence of V. lanaiensis was known in the 
late 1970s along the summit road near the head of Waialala Gulch where 
a population of approximately 20 individuals flourished. That 
population has since disappeared due to habitat disturbance. Five 
populations are currently known from southern Lanai: in Kunoa Gulch; 
between Kunoa and Waialala Gulches; in the upper end of the 
northernmost drainage of Awehi Gulch; in Hauola Gulch, and along Hauola 
Trail. It is estimated that the populations total less than 500 plants 
(GDSI 2000; HINHP Database 2000).
    The habitat of Viola lanaiensis is Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest or lowland mesic shrubland. 
It has been observed on moderate to steep slopes from lower gulches to 
ridgetops, from 670-975 m (2,200-3,200 ft) elevation, with a soil and 
decomposed rock substrate in open to shaded areas. It was once observed 
growing from crevices in drier soil on a mostly open rock area near a 
recent landslide. Associated vegetation includes ferns and short 
windswept shrubs or other diverse mesic community members such as 
Scaevola chamissoniana, Hedyotis terminalis, Hedyotis centranthoides 
(No common name), Styphelia tameiameiae, Carex sp. (No common name), 
Ilex anomala, Psychotria sp., Antidesma sp., Coprosma sp., Freycinetia 
arborea, Myrsine sp., Nestegis sp. (olopua), Psychotria sp., and 
Xylosma sp. (maua) (Service 1995; 56 FR 47686).
    The main threats to Viola lanaiensis include browsing and habitat 
disturbance by axis deer; encroaching alien plant species such as 
Leptospermum sp. (No common name); depressed reproductive vigor due to 
a limited local gene pool; the probable loss of appropriate 
pollinators; and slugs (Service 1995; 56 FR 47686).

[[Page 82091]]

Multi-Island Species

Bonamia menziesii

    Bonamia menziesii, a short-lived perennial and a member of the 
morning-glory family (Convolvulaceae), is a vine with twining branches 
that are fuzzy when young. This species is the only member of the genus 
that is endemic to the Hawaiian Islands and differs from other genera 
in the family by its two styles, longer stems and petioles (a stalk 
that supports a leaf), and rounder leaves (Austin 1999). Little is 
known about the life history of this plant. Reproductive cycles, 
longevity, specific environmental requirements, and limiting factors 
are unknown.
    Historically, Bonamia menziesii was known from Kauai, Oahu, 
Molokai, West Maui, and Hawaii (HINHP Database 2000). Currently, this 
species is known from Kauai, Oahu, Maui, Hawaii, and Lanai. On Lanai, 
the three populations, containing a total of 14 individual plants, are 
found in the Ahakea and Kanepuu Units of Kanepuu Preserve, and on 
Puhielelu Ridge (GDSI 2000; HINHP Database 2000).
    Bonamia menziesii is found in dry Nestegis sandwicensis-Diospyros 
sp. (lama) forest and dry Dodonea viscosa shrubland at elevations 
between 150 and 855 m (490 and 2,800 ft) (Austin 1999; 59 FR 56333). 
Associated species include Bobea sp. (ahakea), Nesoluma polynesicum, 
Erythrina sandwicensis, Rauvolfia sandwicensis, Metrosideros 
polymorpha, Canthium odoratum, Dienella sandwicensis (uki uki), 
Diospyros sandwicensis (lama), Hedyotis terminalis, Melicope sp. 
(alani), Myoporum sandwicense (naio), Nestegis sandwicense, Pisonia sp. 
(papalakepau), Pittosporum sp. (hoawa), Pouteria sandwicensis (alaa), 
and Sapindus oahuensis (lonomea) (HINHP Database 2000; 59 FR 56333).
    The primary threats to this species on Lanai are habitat 
degradation and possible predation by feral pigs (Sus scrofa), goats, 
axis deer, black-tailed deer (Odocoileus hemionus columbianus), and 
cattle (Bos taurus); competition with a variety of alien plant species 
such as Lantana camara, Leucaena leucocephala and Schinus 
terebinthifolius; and an alien beetle (Physomerus grossipes) (Service 
1999; 59 FR 56333).

Centaurium sebaeoides

    Centaurium sebaeoides, a member of the gentian family 
(Gentianaceae), is an annual herb with fleshy leaves and stalkless 
flowers. This species is distinguished from Centaurium erythraea, which 
is naturalized in Hawaii, by its fleshy leaves and the unbranched 
arrangement of the flower cluster (56 FR 55770; Wagner et al. 1999).
    Centaurium sebaeoides has been observed flowering in April. 
Flowering may be induced by heavy rainfall. Populations are found in 
dry areas, and plants are more likely to be found following heavy rains 
(Service 1999).
    Historically and currently, Centaurium sebaeoides is known from 
Kauai, Oahu, Molokai, Lanai, and Maui (Wagner et al. 1999). On Lanai, 
there is one population containing between 20 and 30 individual plants 
in Maunalei Valley (HINHP Database 2000). This species is found on dry 
ledges around 210 m (690 ft) elevation. Associated species include 
Hibiscus brackenridgei (HINHP Database 2000).
    The major threats to this species on Lanai are competition from 
alien plant species (HINHP Database 2000).

Clermontia oblongifolia ssp. mauiensis

    Clermontia oblongifolia ssp. mauiensis, a short-lived perennial and 
a member of the bellflower family (Campanulaceae), a shrub or tree with 
oblong to lance-shaped leaves on leaf stalks (petioles). Clermontia 
oblongifolia is distinguished from other members of the genus by its 
calyx and corolla, which are similar in color and are each fused into a 
curved tube that falls off as the flower ages. The species is also 
distinguished by the leaf shape, the male floral parts, the shape of 
the flower buds, and the lengths of the leaf and flower stalks, the 
flower, and the smooth green basal portion of the flower (the 
hypanthium) (Lammers 1988, 1999; 57 FR 20772). Clermontia oblongifolia 
ssp. mauiensis is reported from Maui and Lanai, while C. o. ssp. 
oblongifolia is only known from Oahu, and C. o. ssp. brevipes is only 
known from Molokai.
    Clermontia oblongifolia ssp. mauiensis is known to flower from 
November to July (Rock 1919). Little is known regarding pollination 
vectors, seed dispersal, or other factors.
    Historically and currently, Clermontia oblongifolia ssp. mauiensis 
is known from Lanai and Maui (Lammers 1999; 57 FR 20772). On Lanai, an 
unknown number of individuals are reported from Kaiholena Gulch (HINHP 
Database 2000).
    This plant typically grows on the sides of ridges in Metrosideros 
polymorpha dominated lowland wet forest at elevations between 800-900 m 
(2,625-2,950 ft). Associated native species include Coprosma sp., 
Clermontia sp., Hedyotis sp., and Melicope sp. (HINHP Database 2000).
    The threats to this species on Lanai are the small number of 
populations and individuals which make it vulnerable to extinction from 
a single natural or human-caused environmental disturbance; depressed 
reproductive vigor; and habitat degradation by feral pigs (57 FR 20772; 
Service 1997).

Ctenitis squamigera

    Ctenitis squamigera, a short-lived perennial and a member of the 
wood fern family (Dryopteridaceae) (Wagner and Wagner 1992). It has a 
rhizome (horizontal stem), creeping above the ground and densely 
covered with scales similar to those on the lower part of the leaf 
stalk. It can be readily distinguished from other Hawaiian species of 
Ctenitis by the dense covering of tan-colored scales on its frond 
(Wagner and Wagner 1992). Reproductive cycles, longevity, specific 
environmental requirements and limiting factors are unknown.
    Historically, Ctenitis squamigera was recorded from Kauai, Oahu, 
Molokai, Maui, Lanai, and the island of Hawaii (HINHP Database 2000). 
Currently, it is found on Oahu, Lanai, West Maui, and Molokai (HINHP 
Database 2000; 59 FR 49025). There are three populations totaling 42 
individual plants on Lanai in the Waiapaa-Kapohaku area on the leeward 
side of the island, Lopa Gulch, and Waiopa Gulch on the windward side 
(GDSI 2000; HINHP Database 2000).
    This species is found in the forest understory at elevations of 380 
to 917 m (1,250 to 3,010 ft) in diverse mesic forest and scrubby mixed 
mesic forest (HINHP Database 2000). Associated native plant taxa 
include Nestegis sandwicensis, Coprosma sp., Sadleria sp., Selaginella 
sp. (lepelepe a moa), Carex meyenii (No common name), Blechnum 
occidentale (No common name), Pipturus sp., Melicope sp., 
Pneumatopteris sandwicensis (No common name), Pittosporum sp., Alyxia 
oliviformis (maile), Freycinetia arborea, Antidesma sp., Cyrtandra sp., 
Peperomia sp. (ala ala wai nui), Myrsine sp., Psychotria sp., 
Metrosideros polymorpha, Syzygium sandwicensis (ohia ha), Wikstroemia 
sp., Microlepia sp. (No common name), Doodia sp., Boehmeria grandis 
(akolea), Nephrolepis sp. (kupukupu), Perrotettia sandwicensis, and 
Xylosma sp. (HINHP 2000, 59 FR 49025).
    The primary threats to this species on Lanai are habitat 
degradation by feral pigs, goats, and axis deer; competition with alien 
plant taxa, especially Psidium cattleianum and Schinus 
terebinthifolius; fire; decreased reproductive vigor and extinction 
from naturally occurring events due to the small number of existing 
populations and individuals (Service 1998; Culliney 1988; HINHP 
Database 2000; 59 FR 49025).

[[Page 82092]]

Cyanea grimesiana ssp. grimesiana

    Cyanea grimesiana ssp. grimesiana, a short-lived perennial and a 
member of the bellflower family (Campanulaceae), is a shrub with 
pinnately divided leaves. This species is distinguished from others in 
this endemic Hawaiian genus by the pinnately lobed leaf margins and the 
width of the leaf blades. This subspecies is distinguished from the 
other two subspecies by the shape and size of the calyx lobes which 
overlap at the base (Lammers 1999).
    Little is known about the life history of this plant. On Molokai, 
flowering plants have been reported in July and August. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown.
    Historically and currently, Cyanea grimesiana ssp. grimesiana is 
known from Oahu, Molokai, Lanai, and Maui (61 FR 53108; Service 1999). 
Currently, on Lanai there are two populations with at least three 
individuals in Kaiholena Gulch and Waiakeakua Gulch (HINHP Database 
2000).
    This species is typically found in mesic forest often dominated by 
Metrosideros polymorpha or M. polymorpha and Acacia koa (koa), or on 
rocky or steep slopes of stream banks, at elevations between 350 and 
945 m (1,150 and 3,100 ft). Associated plants include Antidesma sp., 
Bobea sp., Myrsine sp., Nestegis sandwicensis, Psychotria sp., and 
Xylosma sp. (61 FR 53108; Service 1999).
    The threats to this species on Lanai are habitat degradation and/or 
destruction caused by feral axis deer, goats, and pigs; competition 
with various alien plants; randomly naturally occurring events causing 
extinction due to the small number of existing individuals; fire; 
landslides; rats (Rattus rattus); and various slugs (59 FR 53108; 
Service 1999).

Cyrtandra munroi

    Cyrtandra munroi, a short-lived perennial and a member of the 
African violet family (Gesneriaceae). It is a shrub with opposite, 
elliptic to almost circular leaves which are sparsely to moderately 
hairy on the upper surface and covered with velvety, rust-colored hairs 
underneath. This species is distinguished from other species of the 
genus by the broad opposite leaves, the length of the flower cluster 
stalks, the size of the flowers, and the amount of hair on various 
parts of the plant (Wagner et al. 1999).
    Some work has been done on the reproductive biology of some species 
of Cyrtandra (Service 1995), but not on C. munroi specifically. Studies 
indicate that a specific pollinator may be necessary for successful 
pollination. Seed dispersal may be via birds which eat the fruits 
(Service 1995). Flowering time, longevity of plants and seeds, specific 
environmental requirements, and other limiting factors are unknown.
    Historically and currently, Cyrtandra munroi is known from Lanai 
and Maui (HINHP Database 2000; Wagner et al. 1999). Currently, on Lanai 
there are a total of two populations containing 17 individuals in the 
Kapohaku/Waiapaa area, and the gulch between Kunoa and Waialala gulches 
(GDSI 2000; HINHP Database 2000).
    The habitat of this species is diverse mesic forest, wet 
Metrosideros polymorpha forest, and mixed mesic M. polymorpha forest, 
typically on rich, moist to wet, moderately steep talus slopes from 300 
to 920 m (980-3,020 ft). It occurs on soil and rock substrates on 
slopes from watercourses in gulch bottoms and up the sides of gulch 
slopes to near ridgetops. Associated native species include, 
Diplopterygium pinnatum, Diospyros sp., Hedyotis acuminata (au), 
Clermontia sp., Alyxia oliviformis, Bobea sp., Coprosma sp., 
Dicranopteris linearis, Freycinetia arborea, Melicope sp., Myrsine sp., 
Perrottetia sandwicensis, Pipturus sp., Pittosporum sp., Pleomele sp. 
(hala pepe), Pouteria sandwicensis, Psychotria sp., Sadleria sp., 
Scaevola sp., Xylosma sp., and other Cyrtandra spp. (HINHP Database 
2000; Service 1995).
    The threats to this species on Lanai are browsing and habitat 
disturbance by axis deer; competition with the alien plant species 
Psidium cattleianum, Myrica faya, Leptospermum scoparium, Pluchea 
symphytifolia (sourbush), Melinis minutiflora (molasses grass), Rubus 
rosifolius (thimbleberry), and Paspalum conjugatum (Hilo grass); a very 
small number of extant individuals which can cause depressed 
reproductive vigor; and loss of appropriate pollinators (Service 1995; 
57 FR 20772).

Hedyotis mannii

    Hedyotis mannii, a short-lived perennial and a member of the coffee 
family (Rubiaceae). It is a perennial plant with smooth, usually erect 
stems 30 to 60 cm (1 to 2 ft) long which are woody at the base and 
four-angled or -winged. This species' growth habit; its quadrangular or 
winged stems; the shape, size, and texture of its leaves; and its dry 
capsule which opens when mature separate it from other species of the 
genus (Wagner et al. 1999).
    Little is known about the life history of this plant. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1996a).
    Hedyotis mannii was once widely scattered on Lanai, West Maui, and 
Molokai (HINHP Database 2000). After a hiatus of 50 years, this species 
was rediscovered in 1987 by Steve Perlman on Molokai (HINHP Database 
2000; Service 1996a). In addition, two populations, now numbering 
between 35 and 40 individual plants, were discovered on Lanai in 1991 
in Maunalei and Hauola gulches (GDSI 2000; HINHP Database 2000; Service 
1996a).
    Hedyotis mannii typically grows on dark, narrow, rocky gulch walls 
and on steep stream banks in wet forests at 150 to 1,050 m (490 to 
3,450 ft) in elevation (HINHP Database 2000; Service 1996a). Associated 
plant species include Sadleria sp., Selaginella sp., Broussaisia 
arguta, Labordia sp., Cyrtandra sp., Scaevola sp., Freycinetia arborea, 
Blechnum occidentale, Pipturis sp., Carex meyenii, Pneumatopteris 
sandwicensis, Cibotium sp. (hapuu), Cyanea sp. (haha), and Psychotria 
sp. (HINHP Database 2000).
    The limited number of individuals of Hedyotis mannii makes it 
extremely vulnerable to extinction from random environmental events. 
Feral pigs and alien plants such as Melinis minutiflora, Psidium 
cattleianum, and Rubus rosifolius degrade the habitat of this species 
and contribute to its vulnerability (57 FR 46325).

Hibiscus brackenridgei 

    Hibiscus brackenridgei, a short-lived perennial and a member of the 
mallow family (Malvaceae), is a sprawling to erect shrub or small tree. 
This species differs from other members of the genus in having the 
following combination of characteristics: Yellow petals, a calyx 
consisting of triangular lobes with raised veins and a single midrib, 
bracts attached below the calyx, and thin stipules that fall off, 
leaving an elliptic scar. Two subspecies are currently recognized, H. 
brackenridgei ssp. brackenridgei and H. brackenridgei ssp. mokuleianus 
(Bates 1999).
    Hibiscus brackenridgei is known to flower continuously from early 
February through late May, and intermittently at other times of year. 
Intermittent flowering may possibly be tied to day length (Service 
1999). Little else is known about the life history of this plant. 
Pollination biology, longevity, specific environmental requirements, 
and limiting factors are unknown.
    Historically, Hibiscus brackenridgei was known from Kauai, Oahu, 
Lanai, Maui, Molokai, and Hawaii (HINHP Database 2000; Service 1999). 
Hibiscus

[[Page 82093]]

brackenridgei was collected from an undocumented site on Kahoolawe 
though the subspecies has never been determined (Service 1999). 
Currently, H. b. ssp. mokuleianus is known from Oahu and from 
undocumented observations on Kauai (Bates 1999; Service 1999). Hibiscus 
brackenridgei ssp. brackenridgei is currently known from Lanai, Maui, 
and Hawaii. On Lanai, there are a total of three populations containing 
an unknown number of individuals, one population is known from Keamuku 
Road, one from a fenced area on the dry plains of Kaena Point, and a 
population that was initially outplanted and now appears to be 
reproducing naturally in Kanepuu Preserve (GDSI 2000; HINHP Database 
2000; Wesley Wong, Jr., formerly of Hawaii Division of Forestry and 
Wildlife (DOFAW), in litt. 1998).
    Hibiscus brackenridgei ssp. brackenridgei occurs in lowland dry to 
mesic forest and shrubland from sea level to 800 m (2,625 ft) in 
elevation (Bates 1999; HINHP Database 2000). Associated plant species 
include Dodonea viscosa, Canthium odoratum, Eurya sandwicensis (anini), 
Isachne distichophylla (ohe), and Sida fallax (HINHP Database 2000).
    The primary threats to Hibiscus brackenridgei ssp. brackenridgei on 
Lanai are habitat degradation; possible predation by pigs, goats, 
mouflon sheep (Ovis musimon), cattle, axis deer, and rats; competition 
with alien plant species; road construction; fire; and susceptibility 
to extinction caused by naturally occurring events or reduced 
reproductive vigor (59 FR 56333).

Melicope munroi

    Melicope munroi, a long lived perennial 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. This species differs from other 
Hawaiian members of the genus in the shape of the leaf and the length 
of the inflorescence (a flower cluster) stalk (Stone et al. 1999). 
Flowering time, pollination vectors, seed dispersal agents, longevity 
of plants and seeds, specific environmental requirements, and other 
limiting factors are unknown.
    Historically, this species was known from the Lanaihale summit 
ridge of Lanai and above Kamalo on Molokai. Currently, Melicope munroi 
is only known from the Lanaihale summit ridge on Lanai (HINHP Database 
2000; GDSI 2000). There are four scattered populations totaling an 
estimated 300 to 800 individuals on the Lanaihale summit, head of 
Hauola gulch, Waialala gulch, and the ridge of Waialala gulch (HINHP 
Database 2000; 64 FR 48307).
    Melicope munroi is typically found on slopes in lowland wet 
shrublands, at elevations of 790 to 1,020 m (2,600 to 3,350 ft). 
Associated native plant taxa include Diplopterygium pinnatum, 
Dicranopteris linearis, Metrosideros polymorpha, Cheirodendron trigynum 
(olapa), Coprosma sp., Broussaisia arguta, other Melicope sp., and 
Machaerina angustifolia (uki) (HINHP Database 2000).
    The major threats to Melicope munroi on Lanai are axis deer and the 
alien plant taxa Leptospermum scoparium and Psidium cattleianum (HINHP 
Database 2000). Random environmental events also threaten the one 
remaining population (64 FR 48307).

Portulaca sclerocarpa 

    Portulaca sclerocarpa of the purslane family (Portulacaceae), is a 
perennial herb with a fleshy tuberous taproot which becomes woody and 
has stems up to about 20 cm (8 in.) long. The stalkless, succulent, 
grayish-green leaves are almost circular in cross-section. Dense tufts 
of hairs are located in each leaf axil (point of divergence between a 
branch or leaf) and underneath the tight clusters of three to six 
stalkless flowers grouped at the ends of the stems. Sepals (one of the 
modified leaves comprising a flower calyx) have membranous edges and 
the petals are white, pink, or pink with a white base. The hardened 
capsules open very late or not at all, and contain glossy, dark 
reddish-brown seeds. This species differs from other native and 
naturalized species of the genus in Hawaii by its woody taproot, its 
narrow leaves, and the colors of its petals and seeds. Its closest 
relative, P. villosa, differs mainly in its thinner-walled, opening 
capsule (Wagner et al. 1999).
    This species was observed in flower during March 1977, December 
1977, and June 1978. The presence of juveniles indicated that 
pollination and germination were occurring (Service 1996b). Pollination 
vectors, seed dispersal agents, longevity of plants and seeds, specific 
environmental requirements, and other limiting factors are unknown.
    Historically and currently, Portulaca sclerocarpa is found on an 
islet off the south coast of the island of Lanai, and on the island of 
Hawaii. The population on Poopoo Islet off the coast of Lanai contains 
about 10 plants (HINHP Database 2000; GDSI 2000; Service 1996b). This 
species grows on exposed ledges in thin soil in coastal communities 
(Wagner et al. 1999; HINHP Database 2000).
    The major threats to Portulaca sclerocarpa on Lanai are herbivory 
(feeding on plants) by the larvae of an introduced sphinx moth (Hyles 
lineata) (Frank Howarth, Bishop Museum, in litt 2000); competition from 
introduced plants; and fire (59 FR 10305).

Spermolepis hawaiiensis 

    Spermolepis hawaiiensis, a member of the parsley family (Apiaceae), 
is a slender annual herb with few branches. Its leaves, dissected into 
narrow, lance-shaped divisions, are oblong to somewhat oval in outline 
and grow on stalks. Flowers are arranged in a loose, compound umbrella-
shaped inflorescence arising from the stem, opposite the leaves. 
Spermolepis hawaiiensis is the only member of the genus native to 
Hawaii. It is distinguished from other native members of the family by 
being a non-succulent annual with an umbrella-shaped inflorescence 
(Constance and Affolter 1999). Little is known about the life history 
of S. hawaiiensis. Reproductive cycles, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999).
    Historically, Spermolepis hawaiiensis was known from Kauai, Oahu, 
Lanai, and the island of Hawaii (HINHP Database 2000). Currently it is 
extant on Kauai, Oahu, Molokai, Lanai, West Maui, and Hawaii (59 FR 
56333; HINHP Database 2000). On Lanai, this species is known from three 
populations of 350 to 400 individuals: in the southern edge of Kapoho 
Gulch, Kamiki Ridge, and around 274 m (900 ft.) downslope of Puu Manu 
(HINHP Database 2000; Robert Hobdy, DOFAW, pers. comm. 2000).
    Spermolepis hawaiiensis is known from rocky, steep slopes growing 
on ledges and pockets between elevations of 335 and 396 m (1,100 and 
1,300 ft). Associated native plant species include Dodonea viscosa, 
Panicum spp. (panic grass), Heteropogon contortus (pili grass), 
Lipochaeta lavarum (nehe), and Reyoldsia sandwicensis (ohe) (HINHP 
Database 2000; R. Hobdy, pers. comm. 2000).
    The primary threats to Spermolepis hawaiiensis on Lanai are habitat 
degradation by feral goats, competition with various alien plants such 
as Lantana camara; and erosion, landslides, and rockslides due to 
natural weathering which result in the death of individual plants as 
well as habitat destruction (59 FR 56333; Service 1999; R. Hobdy, pers. 
comm. 2000).

[[Page 82094]]

Tetramolopium remyi 

    Tetramolopium remyi, a short-lived perennial member of the 
sunflower family (Asteraceae), is a much branched, decumbent 
(reclining, with the end ascending) or occasionally erect shrub up to 
about 38 cm (15 in.) tall. Its leaves are firm, very narrow, and with 
the edges rolled inward when the leaf is mature. There is a single 
flower head per branch. The heads are each comprised of 70 to 100 
yellow disk and 150 to 250 white ray florets. The stems, leaves, flower 
bracts, and fruit are covered with sticky hairs. Tetramolopium remyi 
has the largest flower heads in the genus. Two other species of the 
genus are known historically from Lanai, but both have purplish rather 
than yellow disk florets and from 4 to 60 rather than 1 flower head per 
branch (Lowrey 1999).
    Tetramolopium remyi flowers between April and January (Lowrey 
1986). Field observations suggest that the population size of the 
species can be profoundly affected by variability in annual 
precipitation; the adult plants may succumb to prolonged drought, but 
apparently there is a seedbank in the soil that can replenish the 
population during favorable conditions (Lowrey 1986; Service 1995). 
Such seed banks are of great importance for arid-dwelling plants to 
allow populations to persist through adverse conditions. The aridity of 
the area, possibly coupled with human-induced changes in the habitat 
and subsequent lack of availability of suitable sites for seedling 
establishment, may be a factor limiting population growth and/or 
expansion. Requirements of this taxon in these areas are not known, but 
success in greenhouse cultivation of these plants with much higher 
water availability implies that, although these plants are drought-
tolerant, perhaps the dry conditions in which they currently exist are 
not optimum. Individual plants are probably not long-lived (Lowrey 
1986). Pollination is hypothesized to be possibly by butterflies, bees, 
or flies. Seed dispersal agents, environmental requirements, and other 
limiting factors are unknown (Lowrey 1986; Service 1995).
    Historically, the species was known from the Lahaina area of West 
Maui and Lanai. Currently, Tetramolopium remyi is only known from two 
populations on Lanai: one near Awalua Road and the other near Awehi 
Road, with a total of approximately 26 plants (GDSI 2000; HINHP 
Database 2000).
    Tetramolopium remyi is found in red sandy loam soil in dry Dodonea 
viscosa-Heteropogon contortus communities at an elevation of about 230 
m (755 ft). Commonly associated native species include Bidens 
mauiensis, Waltheria indica (uha loa), Wikstroemia oahuensis (akia), 
and Lipochaeta lavarum (HINHP Database 2000).
    Browsing by deer and mouflon sheep and competition from invading 
weedy species, primarily Andropogon viginicus (broomsedge) and Panicum 
maximum (guinea grass), are the main threats to the species on Lanai. 
The plants are tiny and can easily be displaced and eliminated by 
invading exotic species. Fire is also a potential threat (Service 1995; 
56 FR 47686).

Vigna o-wahuensis 

    Vigna o-wahuensis, a member of the legume family (Fabaceae), is a 
slender twining perennial herb with fuzzy stems. Each leaf is made up 
of three leaflets which vary in shape from round to linear, and are 
sparsely or moderately covered with coarse hairs. Flowers, in clusters 
of one to four, have thin, translucent, pale yellow or greenish yellow 
petals. The two lowermost petals are fused and appear distinctly 
beaked. The sparsely hairy calyx has asymmetrical lobes. The fruits are 
long slender pods that may or may not be slightly inflated and contain 
7 to 15 gray to black seeds. This species differs from others in the 
genus by its thin yellowish petals, sparsely hairy calyx, and thin pods 
which may or may not be slightly inflated (Geesink et al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (Service 1999).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, and 
Maui (HINHP Database 2000). Currently, V. o-wahuensis is known from the 
islands of Molokai, Maui, Lanai, Kahoolawe, and Hawaii. There are no 
currently known populations on Niihau or Oahu (HINHP Database 2000). On 
Lanai, it is known from a 1986 collection made on the ``windward slopes 
of Kanepuu'' (GDSI 2000; HINHP Database 2000; Joel Lau, HINHP, in litt. 
2000).
    While typically reported from dry grassland and shrubland on 
Kahoolawe, Molokai, and Hawaii, the plant community and associated 
species, elevation, and threats are unknown on Lanai (HINHP Database 
2000; J. Lau, HINHP, in litt. 2000; 59 FR 56333).
    A summary of populations and landownership for these 19 plant 
species on Lanai is given in Table 3.

                   Table 3.--Summary of Populations and Landownership for 19 Species on Lanai
----------------------------------------------------------------------------------------------------------------
                                                   Number of                      Landownership
                    Species                         current     ------------------------------------------------
                                                  populations        Federal          State          Private
----------------------------------------------------------------------------------------------------------------
Abutilon eremitopetalum.......................               1   ..............  ..............               X
Bonamia menziesii.............................               3   ..............  ..............               X
Centaurium sebaeoides.........................               1   ..............  ..............               X
Clermontia oblongifolia ssp. mauiensis........               1   ..............  ..............               X
Ctenitis squamigera...........................               3   ..............  ..............               X
Cyanea grimesiana ssp. grimesiana.............               2   ..............  ..............               X
Cyanea macrostegia ssp. gibsonii..............               7   ..............  ..............               X
Cyrtandra munroi..............................               2   ..............  ..............               X
Gahnia lanaiensis.............................               3   ..............  ..............               X
Hedyotis mannii...............................               2   ..............  ..............               X
Hedyotis schlechtendahliana var. remyi........               3   ..............  ..............               X
Hibiscus brackenridgei........................               3   ..............  ..............               X
Labordia tinifolia var. lanaiensis............               3   ..............  ..............               X
Melicope munroi...............................               4   ..............  ..............               X
Portulaca sclerocarpa.........................               1   ..............  ..............               X
Spermolepis hawaiiensis.......................               3   ..............  ..............               X
Tetramolopium remyi...........................               2   ..............  ..............               X
Vigna o-wahuensis.............................               1   ..............  ..............               X

[[Page 82095]]

 
Viola lanaiensis..............................               5   ..............  ..............               X
----------------------------------------------------------------------------------------------------------------

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Act, which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Bonamia menziesii, Gahnia lanaiensis, Hedyotis mannii (as 
Hedyotis thyrsoidea var. thyrsoidea), Hibiscus brackenridgei (as 
Hibiscus brackenridgei var. brackenridgei, var. mokuleianus, and var. 
``from Hawaii''), Portulaca sclerocarpa, Solanum incompletum (as 
Solanum haleakalense and Solanum incompletum var. glabratum, var. 
incompletum, and var. mauiensis), Vigna o-wahuensis (as Vigna 
sandwicensis var. heterophylla and var. sandwicensis), and Viola 
lanaiensis were considered endangered; Cyrtandra munroi and Labordia 
tinifolia var. lanaiensis were considered threatened; and, Abutilon 
eremitopetalum, Ctenitis squamigera, Cyanea macrostegia ssp. gibsonii, 
Melicope munroi (as Pelea munroi), and Tetramolopium remyi 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 intention 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 taxa, including all of the above 
taxa except Cyrtandra munroi, Labordia tinifolia var. lanaiensis, and 
Melicope munroi. The list of 1,700 plant taxa was assembled on the 
basis of comments and data received by the Smithsonian Institution and 
the Service in response to House Document No. 94-51 and the July 1, 
1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
2 years old be withdrawn, and a 1-year grace period was given to 
proposals already over 2 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, along with 
four other proposals that had expired. We published updated notices of 
review for plants on December 15, 1980 (45 FR 82479), September 27, 
1985 (50 FR 39525), February 21, 1990 (55 FR 6183), September 30, 1993 
(58 FR 51144), February 28, 1996 (61 FR 7596), and September 19, 1997 
(62 FR 49398). A summary of the status categories for these Lanai plant 
species in the 1980-1997 notices of review can be found in Table 4(a).
    The 20 plants at issue in this proposed rule were listed as 
endangered species under the Act between 1991 and 1999. A summary of 
the listing actions can be found in Table 4(b). At the time 17 of these 
plants were listed, we determined that designation of critical habitat 
was not prudent because designation would increase the degree of threat 
to the species and/or would not benefit the plant. These not prudent 
determinations, along with 229 others, were challenged in Conservation 
Council for Hawaii v. Babbitt 2 F. Supp. 2d 1280 (D. Haw.1998). On 
March 9, 1998, the United States District Court for the District of 
Hawaii directed us to review the prudency determinations for 245 listed 
plant species in Hawaii, including these species (2 F. Supp. 2d 1280 
(D. Haw. 1998)). Among other things, the court held that in most cases 
we did not sufficiently demonstrate that the species are threatened by 
human activity or that such threats would increase with the designation 
of critical habitat. The court also held that we failed to balance any 
risks of designating critical habitat against any benefits (Id. at 
1283-1285). For example, the court suggested that, before concluding 
critical habitat would not be prudent, we should consider whether 
designation might prevent an inadvertent act of destruction by 
educating the public.
    Regarding our determination that designating critical habitat would 
have no additional benefits to the species above and beyond those 
already provided through the section 7 consultation requirement of the 
Act, the court ruled that we failed to consider the specific effect of 
the consultation requirement on each species (Id. at 1286-88). In 
addition, the court stated that we did not consider benefits outside of 
the consultation requirements. In the court's view, these potential 
benefits include substantive and procedural protections. The court held 
that substantively, designation establishes a ``uniform protection 
plan'' prior to consultation and indicates where compliance with 
section 7 of the Act is required. Procedurally, the court stated that 
the designation of critical habitat educates the public and State and 
local governments and affords them an opportunity to participate in the 
designation (Id. at 1288). The court also stated that private lands may 
not be excluded from critical habitat designation even though section 7 
requirements apply only to Federal agencies. In addition to the 
potential benefit of informing the public and State and local 
governments of the listing and of the areas that are essential to the 
species' conservation, the court found that there may be Federal 
activity on the private property in the future, even though no such 
activity may be occurring there at the present (Id. at 1285-88). On 
August 10, 1998, the court ordered us to publish proposed critical 
habitat designations or non-designations for at least 100 species by 
November 30, 2000, and to publish proposed designations or non-
designations for the remaining 145 species by April 30, 2002.
    At the time we listed Hedyotis schlechtendahliana var. remyi, 
Labordia tinifolia var. lanaiensis, and Melicope munroi (64 FR 48307), 
we determined that designation of critical habitat was prudent and that 
we would develop critical habitat designations for these three taxa, 
along with seven others from Maui, Molokai, Lanai, or Kahoolawe (the 
Maui Nui species), at the same time we developed the designations for 
the 245 Hawaiian plant species. In Conservation Council for Hawaii v. 
Babbitt, CIV No. 99--000283 HG (D. Haw. August 19, 1999, February 16, 
2000, and March 28, 2000), the court ordered us to publish proposed 
critical habitat designations for these 10 Maui

[[Page 82096]]

Nui species by November 30, 2000, and to publish final critical habitat 
designations by November 30, 2001. This notice and proposed rule 
responds to the court's orders.
    To comply with the court orders, between now and April 30, 2002, we 
plan to publish seven notices of determinations of whether critical 
habitat is prudent, along with proposed rules as appropriate, in the 
following groupings: Kauai and Niihau; Maui and Kahoolawe; Lanai; 
Molokai; Northwest Hawaiian Islands; Hawaii; and Oahu. Each notice will 
contain proposed prudency determinations for species occurring on that 
island for which prudency determinations have not previously been 
proposed. Each proposed rule will also contain proposed designations or 
non-designations of critical habitat for each plant species known to 
occur from that island. Thus, a species that occurs on multiple islands 
may have critical habitat proposed in multiple rules.
    The proposed prudency determinations and proposed rules for Kauai 
and Niihau were published in the Federal Register on November 7, 2000 
(65 FR 66807). Proposals for Maui and Kahoolawe are being published 
concurrently with this rule.
    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. Our 
regulations (50 CFR 424.12(a)(1)) state that designation of critical 
habitat is not prudent when one or both of the following situations 
exist: (1) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species. At the time each plant 
was listed, we determined that designation of critical habitat was 
prudent for three of these plants (Hedyotis schlechtendahliana var. 
remyi, Labordia tinifolia ssp. lanaiensis, and Melicope munroi) and not 
prudent for the other plants because it would not benefit the plant 
and/or would increase the degree of threat to the species.
    On November 30, 1998, we published a notice in the Federal Register 
requesting public comments on our reevaluation of whether designation 
of critical habitat is prudent for the 245 Hawaiian plants at issue (63 
FR 65805). The comment period closed on March 1, 1999, and was reopened 
from March 24, 1999, to May 24, 1999 (64 FR 14209). We received over 
100 responses from individuals, non-profit organizations, the State of 
Hawaii's Division of Forestry and Wildlife, county governments, and 
Federal agencies (U.S. Department of Defense--Army, Navy, Air Force). 
Only a few responses offered information on the status of individual 
plant species or on current management actions for one or more of the 
245 Hawaiian plants. While many of the respondents expressed support 
for the designation of critical habitat for 245 Hawaiian plants, more 
than 80 percent opposed the designation of critical habitat for these 
plants. In general, these respondents opposed designation because they 
believed it will cause economic hardship, chill cooperative projects, 
polarize relationships with hunters, or potentially increase trespass 
or vandalism on private lands. In addition, commenters also cited a 
lack of information on the biological and ecological needs of these 
plants which they believed may lead to designation based on guesswork. 
The respondents who supported the designation of critical habitat cited 
that designation will--(1) provide a uniform protection plan for the 
Hawaiian Islands; (2) promote funding for management of these plants; 
(3) educate the public and State government; and (4) protect 
partnerships with landowners and build trust.
    In early February, 2000, we hand-delivered a letter to 
representatives of the private landowner on Lanai requesting any 
information considered germane to the management of any of the 245 
plants on the island, and containing a copy of the November 30, 1998, 
Federal Register notice, a map showing the general locations of the 
plants on Lanai, and a handout containing general information on 
critical habitat. On April 4, 2000, we met with representatives of the 
landowner to discuss their current land management activities. In 
addition, we met with Maui County DOFAW staff and discussed their 
management activities on Lanai.
    On November 7, 2000, we published the first of the court-ordered 
prudency determinations and proposed critical habitat designations or 
non-designations for Kauai and Niihau plants (65 FR 66807). Proposals 
for Maui and Kahoolawe plants are being published concurrently with 
this proposal. We proposed that critical habitat was prudent for nine 
species (Bonamia menziesii, Centarium sebaeoides, Clermontia 
oblongifolia ssp. mauiensis, Ctenitis squamigera, Cyanea grimesiana 
ssp. grimesiana, Cyrtandra munroi, Hibiscus brackenridgei, Spermolepis 
hawaiiensis, and Vigna o-wahuensis) from Lanai that also occur on 
Kauai, Niihau, Maui, and/or Kahoolawe.

                                          Table 4(a).--Summary of Candidacy Status for Plant Species From Lanai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Federal Register Notice of Review
              Species              ---------------------------------------------------------------------------------------------------------------------
                                           12/15/80                 9/27/85                 2/20/90                9/30/93                2/28/96
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abutilon eremitopetalum...........  C1                      C1                      C1                      .....................  .....................
Bonamia menziesii.................  C1                      C1                      C1                      .....................  .....................
Centaurium sebaeoides.............  ......................  ......................  C1                      .....................  .....................
Clermontia oblongifolia ssp.        ......................  ......................  C1                      .....................  .....................
 mauiensis.
Ctenitis squamigera...............  C1*                     C1*                     C1*                     .....................  .....................
Cyanea grimesiana ssp.grimesiana..  C1                      C1                      ......................  C2
Cyanea macrostegia ssp. gibsonii..  C1                      C1                      C1                      .....................  .....................
Cyrtandra munroi..................  C2                      C2                      C1                      .....................  .....................
Gahnia lanaiensis.................  C1                      C1                      C1                      .....................  .....................
Hedyotis mannii...................  C1*                     C1*                     C1                      .....................  .....................
Hedyotis schlechtendahliana var.    ......................  ......................  C2                      C2                     C
 remyi.
Hibiscus brackenridgei............  C1                      C1                      C1                      .....................  .....................
Labordia tinifolia var. lanaiensis  C2                      C2                      3C                      3C                     .....................
Melicope munroi...................  C1*                     C1*                     C2                      C2                     C
Phyllostegia glabra var.            C1                      C1                      C1                      .....................  .....................
 lanaiensis.
Portulaca sclerocarpa.............  C1                      C1                      C1                      .....................  .....................
Spermolepis hawaiiensis...........  ......................  ......................  C1                      .....................  .....................

[[Page 82097]]

 
Tetramolopium remyi...............  C1                      C1                      C1                      .....................  .....................
Vigna o-wahuensis.................  C1                      C1                      C1                      .....................  .....................
Viola lanaiensis..................  C1                      C1                      C1                      .....................  .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
C: Taxa for which the Service has on file sufficient information on the biological vulnerability and threat(s) to support proposals to list them as
  endangered or threatened species. (The 1996 Notice of Review discontinued the use of different categories of candidates (as described below;
  candidates were redefined as species meeting the definition of former C1 species.)
C1: Taxa for which the Service has on file enough sufficient information on biological vulnerability and threat(s) to support proposals to list them as
  endangered or threatened species.
C1*: Taxa of known vulnerable status in the recent past that may already have become extinct.
C2: Taxa for which there is some evidence of vulnerability, but for which there are not enough data to support listing proposals at this time.
3A: Taxa for which the Service has persuasive evidence of extinction. If rediscovered, such taxa might acquire high priority for listing.

Federal Register Notices of Review

1980: 45 FR 82479
1985: 50 FR 39525
1990: 55 FR 6183
1993: 58 FR 51144
1996: 61 FR 7596

                      Table 4(b).--Summary of Listing Actions for Plant Species From Lanai
----------------------------------------------------------------------------------------------------------------
                                                         Proposed rule                      Final rule
            Species                 Federal    -----------------------------------------------------------------
                                     status         Date      Federal Register       Date      Federal Register
----------------------------------------------------------------------------------------------------------------
Abutilon eremitopetalum........  E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
Bonamia menziesii..............  E                 09/14/93  58 FR 48012            11/10/94  59 FR 56333
Centaurium sebaeoides..........  E                 09/28/90  55 FR 39664            10/29/91  56 FR 55770
Clermontia oblongifolia ssp.     E                 05/24/91  56 FR 23842            05/15/92  57 FR 20772
 mauiensis.
Ctenitis squamigera............  E                 06/24/93  58 FR 34231            09/09/94  59 FR 49025
Cyanea grimesiana ssp.           E                 10/02/95  60 FR 51417            10/10/96  61 FR 53108
 grimesiana.
Cyanea macrostegia ssp.          E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
 gibsonii.
Cyrtandra munroi...............  E                 05/24/91  56 FR 23842            05/15/92  57 FR 20772
Gahnia lanaiensis..............  E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
Hedyotis mannii................  E                 09/20/91  56 FR 47718            10/08/92  57 FR 46325
Hedyotis schlechtendahliana      E                 05/15/97  62 FR 26757            09/03/99  64 FR 48307
 var. remyi.
Hibiscus brackenridgei.........  E                 09/14/93  58 FR 48012            11/10/94  59 FR 56333
Labordia tinifolia var.          E                 05/15/97  62 FR 26757            09/03/99  64 FR 48307
 lanaiensis.
Melicope munroi................  E                 05/15/97  62 FR 26757            09/03/99  64 FR 48307
Phyllostegia glabra var.         E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
 lanaiensis.
Portulaca sclerocarpa..........  E                 12/17/92  57 FR 59951            03/04/94  59 FR 10305
Spermolepis hawaiiensis........  E                 09/14/93  58 FR 48012            11/10/94  59 FR 56333
Tetramolopium remyi............  E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
Vigna o-wahuensis..............  E                 09/14/93  58 FR 48012            11/10/94  59 FR 56333
Viola lanaiensis...............  E                 09/17/90  55 FR 38236            09/20/91  56 FR 47686
----------------------------------------------------------------------------------------------------------------

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic 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 that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires conferences on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. In our regulations at 50 CFR 402.02, 
we define destruction or adverse modification as ``* * * the direct or 
indirect alteration that appreciably diminishes the value of critical 
habitat for both the survival and recovery of a listed species. Such 
alterations include, but are not limited to, alterations adversely 
modifying any of those physical or biological features that were the 
basis for determining the habitat to be critical.'' Aside from the 
added protection that may be provided under section 7, the Act does not 
provide other forms of protection to lands designated as critical 
habitat. Because consultation under section 7 of the Act does not apply 
to activities on private or other non-Federal lands that do not involve 
a Federal nexus, critical habitat

[[Page 82098]]

designation would not afford any additional protections under the Act 
against such activities.
    In order to be included in a critical habitat designation, the 
habitat must first be ``essential to the conservation of the species.'' 
Critical habitat designations identify, to the extent known using the 
best scientific and commercial data available, habitat areas that 
provide essential life cycle needs of the species (i.e., areas on which 
are found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Section 4 requires that we designate critical habitat at the time 
of listing and based on what we know at the time of the designation. 
When we designate critical habitat at the time of listing or under 
short court-ordered deadlines, we will often not have sufficient 
information to identify all areas of critical habitat. We are required, 
nevertheless, to make a decision and thus must base our designations on 
what, at the time of designation, we know to be critical habitat.
    Within the geographic area occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have the features and habitat characteristics that are 
necessary to sustain the species. We will not speculate about what 
areas might be found to be essential if better information became 
available, or what areas may become essential over time. If the 
information available at the time of designation does not show that an 
area provides essential life cycle needs of the species, then the area 
should not be included in the critical habitat designation. Within the 
geographic area occupied by the species, we will not designate areas 
that do not now have the primary constituent elements , as defined at 
50 CFR 424.12(b), that provide essential life cycle needs of the 
species.
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species.'' (50 
CFR 424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species require designation of critical habitat outside of occupied 
areas, we will not designate critical habitat in areas outside the 
geographic area occupied by the species.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (Vol. 
59, p. 34271), provides criteria, establishes procedures, and provides 
guidance to ensure that decisions made by the Service represent the 
best scientific and commercial data available. It requires Service 
biologists, to the extent consistent with the Act and with the use of 
the best scientific and commercial data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When determining which areas are critical 
habitat, a primary source of information should be the listing package 
for the species. Additional information may be obtained from a recovery 
plan, articles in peer-reviewed journals, conservation plans developed 
by states and counties, scientific status surveys and studies, and 
biological assessments or other unpublished materials (i.e. gray 
literature).
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, all should understand that critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or may not be required for recovery. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under Section 7(a)(1) and 
to the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard and the Section 9 take prohibition, as determined on the basis 
of the best available information at the time of the action. We 
specifically anticipate that federally funded or assisted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Prudency Redeterminations

    As previously stated, designation of 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 to the species; or (ii) such designation of 
critical habitat would not be beneficial to the species (50 CFR 
424.12(a)(1)).
    To determine whether critical habitat would be prudent for each of 
the eight species at issue, we analyzed the potential threats and 
benefits for each species in accordance with the court's order. One 
species, Phyllostegia glabra var. lanaiensis, known only from Lanai, is 
no longer extant in the wild. Phyllostegia glabra var. lanaiensis was 
last collected on ``northern Lanai'' on June, 6, 1914 (HINHP Database 
2000). In addition, this species is not known to be in storage or under 
propagation. Therefore, we believe it may be extinct. Under these 
circumstances, we propose that designation of critical habitat for 
Phyllostegia glabra var. lanaiensis is not prudent because such 
designation would be of no benefit to this species. If this species is 
rediscovered, we may revise this proposal to incorporate or address new 
information as new data becomes available. See 16 U.S.C. 1532(5)(B); 50 
CFR 424.12(f)).
    Due to low numbers of individuals and/or populations and their 
inherent immobility, the other seven plants may be vulnerable to 
unrestricted collection, vandalism, or disturbance. However, we 
examined the evidence available for each of these taxa and have not, at 
this time, found specific evidence of taking, vandalism, collection or 
trade of these taxa or of similarly situated species. Consequently, 
while we remain concerned that these activities could potentially 
threaten these seven plant species in the future, consistent with 
applicable regulations (50 CFR 424.12(a)(1)(I)) and the court's 
discussion of these regulations, 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 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. The potential 
benefits include: (1) Triggering section 7 consultation in new areas 
where it would not otherwise occur because, for example, it is or has 
become unoccupied or the occupancy is in question; (2) focusing 
conservation activities on the most essential areas; (3) providing 
educational benefits to State or county governments or private 
entities; and, (4) preventing people from causing inadvertent harm to 
the species.
    In the case of these seven species, there would be some benefits to 
critical habitat. The primary regulatory effect of critical habitat is 
the section 7

[[Page 82099]]

requirement that Federal agencies refrain from taking any action that 
destroys or adversely affects critical habitat. While all of these 
species 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 were 
designated. There may also be some educational or informational 
benefits to the designation of critical habitat. Educational benefits 
include the notification of land owner(s), land managers, and the 
general public of the importance of protecting the habitat of these 
species and dissemination of information regarding their essential 
habitat requirements.
    Therefore, we propose that critical habitat is prudent for seven 
species (Abutilon eremitopetalum, Cyanea macrostegia ssp. gibsonii, 
Gahnia lanaiensis, Hedyotis mannii, Portulaca sclerocarpa, 
Tetramolopium remyi, and Viola lanaiensis) because the potential 
benefits of designating critical habitat essential for the conservation 
of these species outweigh the risks, resulting from human activity, of 
designation. We propose that designation of critical habitat is not 
prudent for one species, Phyllostegia glabra var. lanaiensis, since we 
believe it may be extinct, and because such a designation would not be 
beneficial to this species.

Primary Constituent Elements

    In accordance with section 4(b)(2) of the Act and regulations at 50 
CFR 424.12, in determining which areas to propose as critical habitat, 
we are required to base critical habitat determinations on the best 
scientific and commercial data available and to consider those physical 
and biological features that are essential to the conservation of the 
species and that may require special management considerations or 
protection. Such requirements include, but are not limited to, space 
for individual and population growth, and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing of offspring, germination, or seed dispersal; and, habitats 
that are protected from disturbance or are representative of the 
historic geographical and ecological distributions of a species.
    As stated above in the discussion about each of the 19 species, 
very little is known about the specific physical and biological 
requirements of these species. As such, we are proposing to define the 
primary constituent elements on the basis of general habitat features 
of the areas in which the plant species are currently found, such as 
the type of plant community and their physical location (e.g., steep 
rocky cliffs, talus slopes, stream banks) and elevation. Therefore, the 
descriptions of the physical elements of the locations of each of these 
species and the plant community associated with the species, as 
described in the SUPPLEMENTARY INFORMATION: Discussion of the Plant 
Taxa section above, constitute the primary constituent elements for 
these species.
    The currently known primary constituent elements of critical 
habitat for Vigna o-wahuensis on Lanai are unknown because we are not 
able, at this time, to ascertain the specific location of Vigna o-
wahuensis on Lanai. This species was last collected 14 years ago from 
the ``windward slopes of Kanepuu'' (HINHP Database 2000; J. Lau, in 
litt. 2000). We are not, therefore, designating critical habitat for 
Vigna o-wahuensis, on Lanai. However, critical habitat has been 
proposed for this species on Maui and Kahoolawe, and may be considered 
on the island of Hawaii. Future field surveys of this relatively large 
area encompassed by the ``windward slopes of Kanepuu'' may lead to a 
rediscovery of the location of this species and may enable us to 
determine the habitat components essential for the conservation of 
Vigna o-wahuensis on Lanai.

Methods for Selection of Areas for Proposed Critical Habitat 
Designations

    We have defined primary constituent elements based on the general 
habitat features of the areas in which they currently occur such as the 
type of plant community in which the plants occur, their physical 
location (e.g., steep rocky cliffs, talus slopes, stream banks), and 
elevation. The areas we propose to designate as critical habitat 
provide some or all of the habitat components essential for the 
conservation of 18 of the 19 plant species.
    Critical habitat may also include areas outside the geographic area 
presently occupied by a species upon a determination that such areas 
are essential to the conservation of the species (16 U.S.C. 1532 
(5)(A)(ii)). This may include, for example, potentially suitable 
unoccupied habitat that is important to the recovery of the species. We 
have not included such areas in the proposed designations for these 18 
species because of our limited knowledge of the historical range (the 
geographical area outside the area presently occupied by the species), 
and our lack of more detailed information on the specific physical or 
biological features essential for the conservation of the species that 
would be needed, for instance, to determine where to reintroduce a 
species.
    Historical (pre-1970), or even post-1970, records for a species may 
be based on herbarium specimens that contain only the most rudimentary 
collection information, such as only the name of the island from which 
the specimen was collected or a general place name (e.g., north Lanai 
and Lanaihale). In the main Hawaiian Islands, climatic and ecological 
conditions such as rainfall, elevation, slope, aspect, etc., may vary 
dramatically within a relatively short distance. Therefore, a simple 
place name does not provide adequate information on the physical and 
biological features that may have occurred there or may occur there 
now.
    The unpredictable distribution of Hawaiian plant species also makes 
it difficult to designate potentially suitable unoccupied habitat. For 
example, currently a species may be known from northern and southern 
(or eastern and western) locations on an island but not from 
intervening locations in similar habitat. Based on the best available 
information, we are unable to determine whether a species once occurred 
in the intervening areas and disappeared from there prior to Polynesian 
or European times (thus never having been collected or documented 
there), or simply never occurred there.
    We consider reintroduction (the planting of propagated individuals 
or seedlings into an area) to be an acceptable method to try to achieve 
plant species recovery. However, native plant reintroductions are 
difficult, and successful efforts are not common. We do not know enough 
about these 18 species to identify areas where reintroductions are 
likely to be successful. We will continue to support experimental 
efforts to reintroduce species that may eventually provide us with 
additional information on the physical and biological features 
essential to the conservation of these species, and thus, may 
eventually result in identification of unoccupied habitat for future 
designation.
    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12), we used the best scientific

[[Page 82100]]

information available to determine areas that contain those physical 
and biological features that are essential for the survival and 
recovery of the 18 plant species. This information included site-
specific species information from the HINHP and our rare plant 
database, species information from the Center for Plant Conservation's 
(CPC) rare plant monitoring database housed at the University of 
Hawaii's Lyon Arboretum, recent biological surveys and reports, our 
recovery plans for 15 of these 18 species, discussions with botanical 
experts, and recommendations (see below) from the Hawaii and Pacific 
Plant Recovery Coordinating Committee (HPPRCC) (CPC in litt. 1999; 
HINHP Database 2000, HPPRCC 1998; Service 1995, 1996a, 1996b, 1997, 
1998, 1999).
    In 1994, the HPPRCC initiated an effort to identify and map habitat 
it believed to be important for the recovery of 282 endangered and 
threatened Hawaiian plant species. The HPPRCC identified these areas on 
most of the islands in the Hawaiian chain, and in 1999, we published 
them in our Recovery Plan for the Multi-Island Plants (Service 1999). 
Because the HPPRCC identified essential habitat areas for all listed, 
proposed, and candidate plant species and evaluated species of concern 
to determine if essential habitat areas would provide for their habitat 
needs as well, the HPPRCC's mapping of habitat is distinct from the 
regulatory designation of critical habitat, as defined by the Act. 
While these habitat maps are a planning tool to focus conservation 
efforts on the areas that may be most important to the conservation of 
Hawaii's listed plant species, as well as other plant species of 
concern, it does not substitute for the more exacting regulatory 
process of designating critical habitat. Therefore, the critical 
habitat designations proposed in this rule do not include all of the 
habitat identified by the HPPRCC. In addition, the HPPRCC expects there 
will be subsequent efforts to further refine the locations of important 
habitat areas and that new survey information or research findings may 
also lead to additional refinements (HPPRCC 1998).
    For these 18 plant species from Lanai, currently occupied habitat 
was examined and critical habitat boundaries were delineated in such a 
way that locations with a high density of endangered plants could be 
depicted clearly (multi-species units). However, these multi-species 
critical habitat units are not homogenous or uniform in nature, and 
critical habitat units often encompass a number of plant community 
types.
    To examine plant occurrences, every current (post-1970) location of 
every species was delineated within a 536 m (1,760 ft) radius circle 
with an additional 50 m (164 ft) added to the radius of each location, 
in order to insure enough area to provide for the proper ecological 
functioning of the habitat immediately supporting the plant, for a 
total of 586 m (1,924 ft) radius. This radius is consistent with the 
accuracy of the mapped locations of the plant(s), and is based on the 
standard mapping methodology for rare species used by the HINHP (1996). 
The additional 50 m (164 ft) is consistent with the guidelines 
identified in the recovery plans for these species for minimum-sized 
enclosures for rare plants (Service 1995, 1996a, 1996b, 1997, 1998, 
1999). In cases where there were isolated species locations, a circular 
area with a radius of roughly 586 m (1,924 ft) is proposed as critical 
habitat (HINHP 1996; Service 1995, 1996a, 1996b, 1997, 1998, 1999).
    The manner in which we delineated each multi-species proposed 
critical habitat unit are as follows:
    (1) Known current locations of each species were delineated using 
the guidelines explained above (Figure 1(a)).
    (2) The perimeter boundaries of individual circular areas were 
connected to form unit area boundaries (Figure 1(b)).
    (3) Unit area boundaries were delineated to follow significant 
topographic features (50 CFR 424.12(c)) such as coastlines, ridgelines, 
and valleys (Figure 1(c)).
    These delineation methods were used to facilitate identification of 
boundary lines and to aid in implementation of on-the-ground 
conservation measures. In delineating critical habitat units we made an 
effort to avoid developed areas such as towns, agricultural lands, and 
other lands unlikely to contribute to the conservation of these 18 
species. Within the critical habitat boundaries, adverse modification 
would only generally occur if the primary constituent elements are 
affected. Therefore, not all activities within critical habitat would 
trigger an adverse modification conclusion. Existing features and 
structures within proposed areas, such as buildings, roads, aqueducts, 
telecommunications equipment, arboreta and gardens, heiaus (pre-
Christian place of worship, shrine), and other man-made features, do 
not contain, and are not likely to develop, constituent elements. 
Therefore, unless a Federal action related to such features or 
structures indirectly affected nearby habitat containing the primary 
constituent elements, operation and maintenance of such features or 
structures would not be impacted by the designation of critical 
habitat.
[GRAPHIC] [TIFF OMITTED] TP27DE00.025


[[Page 82101]]


[GRAPHIC] [TIFF OMITTED] TP27DE00.026

[GRAPHIC] [TIFF OMITTED] TP27DE00.027

    All currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of these 
18 plant species were examined to determine if additional special 
management considerations or protection are required above those 
currently provided. We reviewed all available management information on 
these plants at these sites including published reports and surveys; 
annual performance reports; forestry management plans; grants; 
memoranda of understanding and cooperative agreements; State of Hawaii, 
Division of Forestry and Wildlife (DOFAW) planning documents; internal 
letters and memos; biological assessments and environmental impact 
statements; and, section 7 consultations. Additionally, we contacted 
the major private landowner on Lanai by mail and we met with the 
landowner's representatives in April 2000 to discuss their current 
management for the plants on their lands. We also met with Maui County 
DOFAW office staff to discuss management activities they are conducting 
on Lanai.
    Pursuant to the definition of critical habitat in section 3 of the 
Act, any area so designated must also require ``special managment 
considerations or protections.'' Adequate special management or 
protection is provided by a legally operative plan that addresses the 
maintenance and improvement of the essential elements and provides for 
the long-term conservation of the species. The Service considers a plan 
adequate when it meets all of the following three criteria: (1) The 
plan provides a conservation benefit to the species (i.e., the plan 
must maintain or provide for an increase in the species' population or 
the enhancement or restoration of its habitat within the area covered 
by the plan; (2) the plan provides assurances that the management plan 
will be implemented (i.e., those responsible for implementing the plan 
are capable of accomplishing the objectives, have an implementation 
schedule and/or have adequate funding to implement the management 
plan); and, (3) the plan provides assurances the conservation plan will 
be effective (i.e., it identifies biological goals, has provisions for 
reporting progress, and is of a duration sufficient to implement the 
plan and achieve the plan's goals and objectives). If an area is 
covered by a plan that meets these criteria, it does not constitute 
critical habitat as defined by the Act.
    In determining and weighing the relative significance of the 
threats that would need to be addressed in management plans or 
agreements, we considered the following:
    (1) The factors that led to the listing of the species, as 
described in the final rules for listing each of the species. For all 
or nearly all endangered and threatened plants in Hawaii, the major 
threats include adverse impacts due to non-native plant and animal 
species. Direct browsing, digging, and trampling by ungulates, 
including pigs, goats, cattle, sheep, and deer, and direct competition 
from non-native plants have led to the decline of Hawaii's native flora 
(Cuddihy and Stone 1990; Loope 1998; Scott et al. 1986; Smith 1985; 
Stone 1985; Service 1995, 1996a, 1996b, 1997, 1998, 1999; Vitousek 
1992; Wagner et al. 1985). Ungulate activity in most areas results in 
an increase of non-native plants because most of these non-native 
plants are able to colonize newly disturbed areas more quickly and 
effectively than Hawaii's native plants (Cuddihy and Stone 1990; Mack 
1992; Scott et al. 1986; Smith 1985; Tunison et al. 1992; Service 1995, 
1996a, 1996b, 1997, 1998, 1999).
    (2) The recommendations from the HPPRCC in their 1998 report 
(``Habitat Essential to the Recovery of Hawaiian Plants''). As 
summarized in this report, recovery goals for endangered Hawaiian plant 
species cannot be achieved with ungulates (e.g., pigs, goats, deer, and 
sheep) present in Essential Habitat Areas.
    (3) The management actions needed for assurance of survival and 
ultimate recovery of Hawaii's endangered plants. These actions are 
described in our recovery plans for 15 of the 18 species (Service 1995, 
1996a, 1996b, 1997, 1998, 1999), in the HPPRCC (1998) report, and in 
various other documents and publications relating to plant conservation 
in Hawaii (Cuddihy and Stone 1990; Mueller-Dombois 1985; Smith 1985; 
Stone 1985; Stone et al. 1992). These actions include, but are not 
limited to, the following: (1) Feral ungulate control; (2) non-native 
plant control; (3) rodent control; (4) invertebrate pest control; (5) 
fire control; (6) maintenance of genetic material of the endangered and 
threatened plant species; (7) propagation, reintroduction, and/or 
augmentation of existing populations into areas deemed essential for 
the recovery of these species; (8) on-going management of the wild, 
outplanted, and augmented populations; (9) habitat management and 
restoration in areas deemed essential for the recovery of these 
species; and (10) monitoring of the wild, outplanted, and augmented 
populations.
    In general, taking all of the above recommended management actions 
into

[[Page 82102]]

account, the following management actions are ranked in order of 
importance. It should be noted, however, that, on a case-by-case basis, 
some of these actions may rise to a higher level of importance for a 
particular species or area, depending on the biological and physical 
requirements of the species and the location(s) of the individual 
plants. These actions include, but are not limited to, the following: 
(1) Feral ungulate control; (2) non-native plant control; (3) rodent 
control; (4) invertebrate pest control; (5) fire control; (6) 
maintenance of genetic material of the endangered and threatened plants 
species; (7) propagation, reintroduction, and/or augmentation of 
existing populations into areas deemed essential for the recovery of 
these species; (8) ongoing management of the wild, outplanted, and 
augmented populations; (9) maintenance of natural pollinators and 
pollinating systems, when known; (10) habitat management and 
restoration in areas deemed essential for the recovery of the species; 
(11) monitoring of the wild, outplanted, and augmented populations; 
(12) rare plant surveys; and (13) control of human activities and 
access.
    As shown in Table 3, these 18 species of plants occur on private 
land on the island of Lanai. Information received in response to our 
two public notices, and meetings with representatives of the landowner 
and Maui County DOFAW staff, indicated that there is little on-going 
conservation management for these plants, except as noted below. 
Without management plans and assurances that the plans will be 
implemented, we are unable to find that the land in question does not 
require special management or protection.
    One species (Bonamia menziesii) is reported from The Nature 
Conservancy of Hawaii's Kanepuu Preserve which is located in the 
northeast central portion of Lanai (GDSI 2000; HINHP Database 2000; The 
Nature Conservancy of Hawaii (TNCH) 1997). This preserve was 
established by a grant of a perpetual conservation easement from the 
private landowner to TNC and is included in the State's Natural Area 
Partnership (NAP) program, which provides matching funds for the 
management of private lands that have been permanently dedicated to 
conservation (TNCH 1997).
    Under the NAP program, the State of Hawaii provides matching funds 
on a two-for-one basis for management of private lands dedicated to 
conservation. In order to qualify for this program, the land must be 
dedicated in perpetuity through transfer of fee title or a conservation 
easement to the State or a cooperating entity. The land must be managed 
by the cooperating entity or a qualified landowner according to a 
detailed management plan approved by the Board of Land and Natural 
Resources. Once approved, the 6-year partnership agreement between the 
State and the managing entity is automatically renewed each year so 
that there is always 6 years remaining in the term, although the 
management plan is updated and funding amounts are re-authorized by the 
board at least every 6 years. By April 1 of any year, the managing 
partner may notify the State that it does not intend to renew the 
agreement; however, in such case the partnership agreement remains in 
effect for the balance of the existing 6 year term, and the 
conservation easement remains in full effect in perpetuity. The 
conservation easement may be revoked by the landowner only if State 
funding is terminated without the concurrence of the landowner and 
cooperating entity. Prior to terminating funding, the State must 
conduct one or more public hearings. The NAP program is funded through 
real estate conveyance taxes which are placed in a Natural Area Reserve 
Fund. Participants in the NAP program must provide annual reports to 
the State Department of Land and Natural Resources (DLNR), and DLNR 
makes annual inspections of the work in the reserve areas. See Haw. 
Rev. Stat. Secs. 195-1-195-11, and Hawaii Administrative Rules Sec.13-
210.
    The management program within the preserve is documented in long-
range management plans and yearly operational plans. These plans detail 
management measures that protect, restore, and enhance the rare plants 
and their habitats within the preserve (TNCH 1997, 1998, 1999). These 
management measures address the factors which led to the listing of 
this species including control of non-native species of ungulates, 
rodents, and weeds; and fire control. In addition, habitat restoration 
and monitoring are also included in these plans.
    The primary goals within Kanepuu Preserve are to: (1) Control non-
native species; (2) suppress wildfires; and (3) restore the integrity 
of the dryland forest ecosystem through monitoring and research. 
Specific management actions to address feral ungulates include the 
replacement of fences around some of the management units with 
Benzinal-coated wire fences; staff hunting and implementation of a 
volunteer hunting program with the DLNR. Additionally, a small mammal 
control program has been established to prevent small mammals from 
damaging rare native species and limit their impact on the preserve's 
overall native biota.
    To prevent further displacement of native vegetation by non-native 
plants, a non-native plant control plan has been developed, which 
includes monitoring of previously treated areas, and the control of 
non-native plants in management units with restoration projects.
    The fire control program focuses on suppression and pre-
suppression. Suppression activities consist of coordination with State 
and county fire-fighting agencies to develop a Wildfire Management Plan 
for the preserve (TNCH 1998). Pre-suppression activities include mowing 
inside and outside of the fence line to minimize fuels.
    A restoration, research and monitoring program has been developed 
at Kanepuu to create a naturally regenerating Nestegis sandwicensis-
Diospyros sandwicensis dryland forest, and expand the current range of 
native-dominated vegetation. Several years of casual observation 
indicate that substantial natural regeneration is occurring within 
native forest patches in the deer-free units (TNCH 1999). A draft of 
the Kanepuu Restoration Plan was completed in June 1999. This plan 
identifies sites for rare plant outplanting and other restoration 
activities. Monitoring is an important component to measure the success 
or failure rate of the animal and weed control programs. Management of 
these non-native species control programs is continually amended to 
preserve the ecological integrity of the preserve.
    Because this plant and its habitat within the preserve are 
protected and managed, this area is not in need of special management 
considerations or protection. Therefore, we have determined that the 
private land within Kanepuu Preserve does not meet the definition of 
critical habitat in the Act, and we are not proposing to designate this 
land as critical habitat. Should the status of this reserve change, for 
example, by non-renewal of the partnership agreement or termination of 
NAP funding, we will reconsider whether it meets the definition of 
critical habitat, and if so, we may propose to amend critical habitat 
to include the reserve at that time (50 CFR 424.12(g)).
    We believe that Kanepuu Preserve is the only potential critical 
habitat area on Lanai at this time that does not require special 
management considerations or protection. However, we are specifically 
soliciting comments on the appropriateness of this approach. If we 
receive information during the public comment period that any of the

[[Page 82103]]

lands within the proposed designations are actively managed to promote 
the conservation and recovery of the 18 listed species at issue in this 
proposed designation, in accordance with long term conservation 
management plans or agreements, and there are assurances that the 
proposed management actions will be implemented and effective, we can 
consider this information when making a final determination of critical 
habitat. We are also soliciting comments on whether future development 
and approval of conservation measures (e.g., Conservation Agreements, 
Safe Harbor Agreements) should trigger revision of designated critical 
habitat to exclude such lands and, if so, by what mechanism.
    In summary, the proposed critical habitat areas described below 
constitute our best assessment of the physical and biological features 
needed for the conservation of these 18 plant species and the special 
management needs of the species, and are based on the best scientific 
and commercial information available and described above. We put 
forward this proposal acknowledging that we have incomplete information 
regarding many of the primary biological and physical requirements for 
these species. However, both the Act and the relevant court orders 
require us to proceed with designation at this time based on the best 
information available. As new information accrues, we may reevaluate 
which areas warrant critical habitat designation. We anticipate that 
comments received through the public review process and from any public 
hearings, if requested, will provide us with additional information to 
use in our decision-making process and in assessing the potential 
impacts of designating critical habitat for one or more of these 
species.
    The approximate areas of proposed critical habitat, all under 
private ownership, are shown in Table 5. Proposed critical habitat 
includes habitat for these 18 species predominantly on the eastern side 
of Lanai in the Lanaihale area. Lands proposed as critical habitat have 
been divided into 11 units. A brief description of each unit is 
presented below.

Descriptions of Critical Habitat Units

Lanai A

    The proposed unit Lanai A provides critical habitat for eleven 
species: Clermontia oblongifolia ssp. mauiensis, Cyanea grimesiana ssp. 
grimesiana, Cyanea macrostegi ssp. gibsonii, Cyrtandra munroi, Ctenitis 
squamigera, Gahnia lanaiensis, Hedyotis mannii, Hedyotis 
schlechtendahliana var. remyi, Labordia tinifolia var. lanaiensis, 
Melicope munroi, and Viola lanaiensis. This unit contains a total of 
1,060 ha (2,619 ac). The land contained within this unit is owned 
solely by a private owner. The natural features found in this unit are 
portions of Hulopoe Gulch, Kaiholena Gulch, Puu Kilea, Hookio Gulch, 
Waialala Gulch, Kunoa Gulch, Puu None, Puu Alii, Puu Aalii, Hauola 
Gulch, Lanaihale, Puu Kole, Haalelepaakai, Waiakaiole Gulch, Puhielelu 
Ridge, Paliakoae Gulch, Waiapaa Gulch, Kapano Gulch, Kehewai Ridge, and 
Kahinahina Ridge. This unit is bound on the southwest by Kaluanui and 
Hii Flats.

            Table 5.--Approximate Proposed Critical Habitat Area by Unit, Lanai, Maui County, Hawaii
----------------------------------------------------------------------------------------------------------------
           Unit name                 State           Private           Federal                 Total
----------------------------------------------------------------------------------------------------------------
Lanai A.......................  N/A...........  1,060 ha (2,619    N/A...........  1,060 ha (2,619 ac)
                                                 ac).
Lanai B.......................  N/A...........  115 ha (284 ac)..  N/A...........  115 ha (284 ac)
Lanai C.......................  N/A...........  115 ha (284 ac)..  N/A...........  115 ha (284 ac)
Lanai D.......................  N/A...........  115 ha (284 ac)..  N/A...........  115 ha (284 ac)
Lanai E.......................  N/A...........  115 ha (284 ac)..  N/A...........  115 ha (284 ac)
Lanai F.......................  N/A...........  157 ha (389 ac)..  N/A...........  157 ha (389 ac)
Lanai G.......................  N/A...........  1 ha (2 ac)......  N/A...........  1 ha (2 ac)
Lanai H.......................  N/A...........  115 ha (285 ac)..  N/A...........  115 ha (285 ac)
Lanai I.......................  N/A...........  117 ha (289 ac)..  N/A...........  117 ha (289 ac)
Lanai J.......................  N/A...........  43 ha (106 ac)...  N/A...........  43 ha (106 ac)
    Total.....................  N/A...........  1,953 ha (4,826    N/A...........  1,953 ha (4,826 ac)
                                                 ac).
----------------------------------------------------------------------------------------------------------------

Lanai B

    The proposed unit Lanai B provides critical habitat for one 
species: Spermolepis hawaiiensis. This unit contains a total of 115 ha 
(284 ac). The land contained within this unit is owned solely by a 
private owner. The natural features found in this unit are small 
portions of Kawaiu and Kapoho Gulches.

Lanai C

    The proposed unit Lanai C provides critical habitat for one 
species: Tetramolopium remyi. This unit contains a total of 115 ha (284 
ac). The land contained within this unit is owned solely by a private 
owner. The natural features found in this unit are Mauna o Umi, Kaokai 
and portions of Awehi Gulch.

Lanai D

    The proposed unit Lanai D provides critical habitat for one 
species: Bonamia menziesii. This unit contains a total of 115 ha (284 
ac). The land contained within this unit is owned solely by a private 
owner. The natural feature found in this unit is a portion of Puhielelu 
Ridge.

Lanai E

    The proposed unit Lanai E provides critical habitat for one 
species: Abutilon eremitopetalum. This unit contains a total of 115 ha 
(284 ac). The land contained within this unit is owned solely by a 
private owner. The natural features found in this unit are portions of 
Kehowai Ridge and Kahea Gulch.

Lanai F

    The proposed unit Lanai F provides critical habitat for two 
species: Centaurium sebaeoides and Hibiscus brackenridgei. This unit 
contains a total of 157 ha (389 ac). The land contained within this 
unit is owned solely by a private owner. The natural features found in 
this unit are portions of Hinuhinu Pali, Naio Gulch, and Maunalei 
Gulch.

Lanai G

    The proposed unit Lanai G provides critical habitat for one 
species: Portulaca sclerocarpa. This unit contains a total of 1 ha (2 
ac). The land contained within this unit is owned solely by a private 
owner. This unit is Poopoo Islet.

[[Page 82104]]

Lanai H

    The proposed unit Lanai H provides critical habitat for one 
species: Tetramolopium remyi. This unit contains a total of 115 ha (285 
ac). The land contained within this unit is owned solely by a private 
owner.

Lanai I

    The proposed unit Lanai I provides critical habitat for one 
species: Spermolepis hawaiiensis. This unit contains a total of 117 ha 
(289 ac). The land contained within this unit is owned solely by a 
private owner. The natural features found in this unit are portions of 
Kaonaohiokala Ridge, Kaa Gulch, Kamiki Ridge, and Palea Ridge.

Lanai J

    The proposed unit Lanai J provides critical habitat for one 
species: Hibiscus brackenridgei. This unit contains a total of 43 ha 
(106 ac). The land contained within this unit is owned solely by a 
private owner. The natural feature found in this unit is Kaena Point.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat to the extent that the 
action appreciably diminishes the value of the critical habitat for the 
survival and recovery of the species. When multiple units of critical 
habitat are designated, each unit may serve as the basis of a jeopardy 
analysis if protection or different facets of the species' life cycle 
or its distribution are essential to the species as a whole for both 
its survival and recovery. Individuals, organizations, States, local 
governments, and other non-Federal entities are affected by the 
designation of critical habitat only if their actions occur on Federal 
lands, require a Federal permit, license, or other authorization, or 
involve Federal funding.
    Under section 7(a) of the Act, 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 designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
Part 402. Section 7(a)(4) and regulations at 50 CFR 402.10 requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a proposed species or result in 
destruction or adverse modification of proposed critical habitat. 
Conference reports provide conservation recommendations to assist the 
agency in eliminating conflicts that may be caused by the proposed 
action. The conservation recommendations in a conference report are 
advisory.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
a biological opinion that is prepared according to 50 CFR 402.14, as if 
critical habitat were designated. We may adopt the formal conference 
report as a biological opinion if the critical habitat is designated, 
if no significant new information or changes in the action alter the 
content of the opinion. See 50 CFR 402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency must enter into 
consultation with us. Through this consultation, we would advise the 
agencies whether the permitted actions would likely jeopardize the 
continued existence of the species or adversely modify critical 
habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide reasonable and prudent alternatives to the 
project, if any are identifiable. Reasonable and prudent alternatives 
are defined at 50 CFR 402.02 as alternative actions identified during 
consultation that can be implemented in a manner consistent with the 
intended purpose of the action, that are consistent with the scope of 
the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that the Director 
believes would avoid the likelihood of jeopardizing the continued 
existence of listed species or resulting in the destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions under certain 
circumstances, including instances where critical habitat is 
subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control has been retained or is authorized 
by law. Consequently, some Federal agencies may request reinitiation of 
consultation or conferencing with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may destroy or 
adversely modify such habitat or that may be affected by such 
designation. Activities that may destroy or adversely modify critical 
habitat would be those that alter the primary constituent elements to 
the extent that the value of critical habitat for both the survival and 
recovery of any one of the 18 species is appreciably reduced. We note 
that such activities may also jeopardize the continued existence of the 
species.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly destroy or adversely modify 
critical habitat include, but are not limited to:
    (1) Overgrazing; maintenance of feral ungulates; clearing, cutting 
of native live trees and shrubs, whether by burning or mechanical, 
chemical, or other means (e.g., woodcutting, bulldozing, construction, 
road building, mining, herbicide application, etc.); introducing or 
enabling the spread of non-native species; and taking actions that pose 
a risk of fire.
    (2) Water diversion or impoundment, groundwater pumping, or other 
activity that alters water quality or quantity to an extent that wet 
forest or bog vegetation is significantly affected; and,
    (3) Recreational activities that appreciably degrade vegetation.
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 prohibits actions funded, 
authorized, or carried out by Federal agencies from jeopardizing the 
continued existence of a listed species or destroying or adversely 
modifying the listed species' critical habitat. Actions likely to 
``jeopardize the continued existence'' of a species are those that 
would appreciably reduce the likelihood of the species' survival and 
recovery. Actions likely to ``destroy or

[[Page 82105]]

adversely modify'' critical habitat are those that would appreciably 
reduce the value of critical habitat for the survival and recovery of 
the listed species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. In those cases, the ramifications of 
its designation are few or none. Designation of critical habitat in 
areas occupied by any of these plants is not likely to result in a 
regulatory burden above that already in place due to the presence of 
the listed species. When critical habitat is designated in unoccupied 
areas, there can be an increase in regulatory requirements on Federal 
agencies. If occupied habitat becomes unoccupied in the future, there 
is a potential benefit to critical habitat in such areas.
    Actions affected by designation of critical habitat may include, 
but are not limited to:
    (1) Regulation of activities affecting waters of the United States 
by the Army Corps of Engineers (Corps) under section 404 of the Clean 
Water Act;
    (2) Development requiring permits from Federal agencies such as 
Housing and Urban Development;
    (3) Regulation of federally funded silviculture and forestry 
projects, and research by the U.S. Department of Agriculture (Forest 
Service);
    (4) Regulation of airport improvement activities by the Federal 
Aviation Administration (FAA) jurisdiction;
    (5) Road construction and maintenance by, or funded by, the U.S. 
Department of Transporation (DOT);
    (6) Military training or similar activities of the U.S. Department 
of Defense (DOD);
    (7) Federally funded importation of alien species for research, 
agriculture, and aquaculture, and the release or authorization of 
release of biological control agents by the U.S. Department of 
Agriculture;
    (8) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency (EPA) under section 402 of the Clean Water Act.;
    (9) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency (FEMA);
    (10) Installation and maintenance of U.S. Coast Guard navigational 
aids;
    (11) Construction of communication sites licensed by the Federal 
Communications Commission (FCC); and,
    (12) Activities not mentioned above funded or authorized by the 
U.S. Department of Agriculture (Forest Service, Natural Resources 
Conservation Service), DOD, DOT, Department of Energy, Department of 
Interior (U.S. Geological Survey, National Park Service), Department of 
Commerce (National Oceanic and Atmospheric Administration) or any other 
Federal agency.
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, contact the Field 
Supervisor, Pacific Islands Ecological Services Field Office (see 
ADDRESSES section). Requests for copies of the regulations on listed 
wildlife and plants and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Branch of Endangered 
Species, 911 N.E. 11th Avenue, Portland, Oregon 97232 (telephone 503/
231-2063; facsimile 503/231-6243).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species. We will conduct 
an analysis of the economic impacts of designating these areas as 
critical habitat prior to a final determination. When completed, we 
will announce its availability with a notice in the Federal Register, 
and we will reopen the comment period for 30 days at that time.

Public Comments Solicited

    It is our intent that any final action resulting from this proposal 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry or any other interested 
party concerning this proposed rule.
    In this proposed rule we do not propose to designate critical 
habitat on the private land within Kanepuu Preserve because this area 
is permanently dedicated to conservation and is managed for the benefit 
of the federally protected plant species found there. We believe that 
this area is not in need of special management considerations or 
protection and, therefore, does not meet the definition of critical 
habitat in the Act. We are, however, specifically soliciting comments 
on the appropriateness of this approach.
    We invite comments from the public that provide information on 
whether lands within proposed critical habitat are currently being 
managed to address conservation needs of these listed plants. As stated 
earlier in this proposed rule, if we receive information that any of 
the areas proposed as critical habitat are adequately managed, we may 
delete such areas from the final rule, because they would not meet the 
definition in section 3(5)(A)(I) of the Act. In determining adequacy of 
management, we must find that the management effort is sufficiently 
certain to be implemented and effective so as to contribute to the 
elimination or adequate reduction of relevant threats to the species.
    In determining whether an action is likely to be implemented, we 
would generally consider the following:
    (1) Whether or not a management plan or agreement exists which 
specifies the management actions being implemented, or if implemented, 
the schedule for implementation;
    (2) Whether there are responsible party(ies), and funding source(s) 
or other resources necessary to implement the actions, with a high 
level of assurance that the funding will be provided; and
    (3) The authority and long-term commitment of the party(ies) to the 
agreement or plan to implement the management actions, as demonstrated, 
for example, by a legal instrument providing enduring protection and 
management of the lands.
    In determining whether an action is likely to be effective, we 
would generally consider whether or not the plan is specific concerning 
the threats to be addressed by the management actions; whether such 
actions have been successful in the past; whether there are provisions 
for monitoring and assessment of the effectiveness of the management 
actions; and whether adaptive management principles have been 
incorporated into the plan.
    We are aware that the private landowner on the island of Lanai may 
be considering the development and implementation of land management 
plans or agreements that may promote the conservation and recovery of 
endangered and threatened plant

[[Page 82106]]

species on the island of Lanai. We are soliciting comments in this 
proposed rule on whether current land management plans or practices 
applied within the areas proposed as critical habitat adequately 
address the threats to these listed species. We are also soliciting 
comments on whether future development and approval of conservation 
measures (e.g., Conservation Agreements, Safe Harbor Agreements, etc.) 
should be excluded from critical habitat, and if so, by what mechanism.
    In addition, we are seeking comments on the following:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act including 
whether the benefits of designation would outweigh the benefits of 
exclusion;
    (2) The reasons why any particular area should or should not be 
designated as critical habitat for any of these species, as critical 
habitat is defined by section 3 of the Act (16 U.S.C. 1532 (5));
    (3) Specific information on the amount and distribution of habitat 
for Abutilon eremitopetalum, Bonamia menziesii, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. mauiensis, Ctenitis squamigera, Cyanea 
grimesiana ssp. grimesiana, Cyanea macrostegia ssp. gibsonii, Cyrtandra 
munroi, Gahnia lanaiensis, Hedyotis mannii, Hedyotis schlechtendahliana 
var. remyi, Hibiscus brackenridgei, Labordia tinifolia var. lanaiensis, 
Melicope munroi, Portulaca sclerocarpa, Spermolepis hawaiiensis, 
Tetramolopium remyi, Vigna o-wahuensis, and Viola lanaiensis, and their 
habitat; and what habitat is essential to the conservation of these 
species and why;
    (4) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (5) Any foreseeable economic or other impacts resulting from the 
proposed designations of critical habitat, including, any impacts on 
small entities or families; and
    (6) Economic and other values associated with designating critical 
habitat for the above 18 plant species such as those derived from non-
consumptive uses (e.g., hiking, camping, birding, enhanced watershed 
protection, increased soil retention, ``existence values,'' and 
reductions in administrative costs).
    Our practice is to make comments available for public review during 
regular business hours, including names and home addresses of 
respondents. Individual respondents may request that we withhold their 
home address from the rulemaking record, which we will honor to the 
extent allowable by law. In some circumstances, we would withhold from 
the rulemaking record a respondent's identity, as allowable by law. If 
you wish for us to withhold your name and/or address, you must state 
this prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, public inspection in their entirety. Comments and materials 
received will be available for public inspection, by appointment, 
during normal business hours at the above address, is available for 
public inspection in their entirety.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three appropriate 
and independent specialists regarding this proposed rule. The purpose 
of such review is to ensure listing and critical habitat decisions are 
based on scientifically sound data, assumptions, and analyses. We will 
send copies of this proposed rule to these peer reviewers immediately 
following publication in the Federal Register. We will invite the peer 
reviewers to comment, during the public comment period, on the specific 
assumptions and conclusions regarding the proposed designations of 
critical habitat.
    We will consider all comments and information received during the 
60-day comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposal.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand including answers to 
questions such as the following: (1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical language or jargon that interferes with the clarity? (3) Does 
the format of the proposed rule (grouping and order of sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the proposed rule in the ``Supplementary Information'' 
section of the preamble helpful in understanding the document? (5) What 
else could we do to make the proposed rule easier to understand?
    Send a copy of any comments that concern how we could make this 
notice easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street, NW, Washington, 
DC 20240. You may e-mail your comments to this address: 
[email protected].

Required Determinations

1. Regulatory Planning and Review

    In accordance with Executive Order 12866, this action was submitted 
for review by the Office of Management and Budget (OMB). We are in the 
process of preparing an economic analysis to determine the economic 
consequences of designating the specific areas identified as critical 
habitat. If our economic analysis reveals that the economic impacts of 
designating any area as critical habitat outweigh the benefits of 
designation, we may exclude those areas from consideration, unless such 
exclusion will result in the extinction of the species.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded pursuant to section 4 of 
the Act, at this time we do not believe this rule will have an annual 
economic effect of $100 million or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of government. 
Therefore we do not believe a cost benefit and economic analysis is 
required.
    These 18 plants were listed as endangered species between the years 
1991 and 1999. The areas proposed for critical habitat are currently 
occupied by one or more of these species. Under the Act, critical 
habitat may not be adversely modified by a Federal agency action; 
critical habitat does not impose any restrictions on non-Federal 
persons unless they are conducting activities funded or otherwise 
sponsored, authorized, or permitted by a Federal agency (see Table 6 
below). Section 7 requires Federal agencies to ensure that they do not 
jeopardize the continued existence of the species. Based upon our 
experience with the species and its needs, we conclude that any Federal 
action or authorized action that could potentially cause an adverse 
modification of the proposed critical habitat would currently be 
considered as ``jeopardy'' under the Act. Accordingly, the designation 
of currently occupied areas as critical habitat does not have any 
additional incremental impacts on what actions may or may not be 
conducted by Federal agencies or non-Federal persons that receive 
Federal authorization or

[[Page 82107]]

funding. Non-Federal persons that do not have a Federal ``sponsorship'' 
of their actions are not restricted by the designation of critical 
habitat (however, they continue to be bound by the provisions of the 
Act concerning ``take'' of the species).
    (b) This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions not jeopardize the continued existence of 
these 18 plant species since their listing between 1991 and 1999. The 
prohibition against adverse modification of critical habitat would not 
be expected to impose any additional restrictions to those that 
currently exist because all proposed critical habitat is currently 
occupied.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
Federal agencies are currently required to ensure that their activities 
do not jeopardize the continued existence of the species, and as 
discussed above we do not anticipate that the adverse modification 
prohibition resulting from critical habitat designation will have any 
incremental effects.
    (d) This rule will not raise novel legal or policy issues. The 
proposed rule follows the requirements for determining critical habitat 
contained in the Act.

2. Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    In the economic analysis (under section 4 of the Act), we will 
determine whether designation of critical habitat will have a 
significant effect on a substantial number of small entities. As 
discussed under Regulatory Planning and Review above, this rule is not 
expected to result in any restrictions in addition to those currently 
in existence. As indicated on Table 5 (see ``Methods for Selection of 
Areas for Proposed Critical Habitat Designations'') we have designated 
privately owned property.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are:
    (1) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (2) Development on private or State lands requiring permits from 
other Federal agencies such as Housing and Urban Development;
    (3) Regulation federally funded silviculture and forestry projects, 
and research by the U.S. Department of Agriculture (Forest Service);
    (4) Regulation of airport improvement activities by the FAA 
jurisdiction;
    (5) Road construction and maintenance by, or funded by, the DOT;
    (6) Military training or similar activities of the DOD;
    (7) Federally funded importation of alien species for research, 
agriculture, and aquaculture, and the release or authorization of 
release of biological control agents by the U.S. Department of 
Agriculture;
    (8) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the EPA under section 
402 of the Clean Water Act;
    (9) Hazard mitigation and post-disaster repairs funded by the FEMA;
    (10) Installation and maintenance of U.S. Coast Guard navigational 
aids;
    (11) Construction of communication sites licensed by the FCC; and,
    (12) Activities not mentioned above funded or authorized by the 
U.S. Department of Agriculture (Forest Service, Natural Resources 
Conservation Service), DOD, DOT, Department of Energy, Department of 
Interior (U.S. Geological Survey, National Park Service), Department of 
Commerce (National Oceanic and Atmospheric Administration) or any other 
Federal agency.
    Many of these activities sponsored by Federal agencies within the 
proposed critical habitat areas are carried out by small entities (as 
defined by the Regulatory Flexibility Act) through contract, grant, 
permit, or other Federal authorization. As discussed above, these 
actions are currently required to comply with the listing protections 
of the Act, and the designation of critical habitat is not anticipated 
to have any additional effects on these activities.
    For actions on non-Federal property that do not have a Federal 
connection (such as funding or authorization), the current restrictions 
concerning take of the species remain in effect, and this rule would 
impose no additional restrictions.

3. Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we understand that Federally 
recognized Tribes must be related to on a Government-to-Government 
basis. The 1997 Secretarial Order on Native Americans and the Act 
clearly states that Tribal lands should not be designated unless 
absolutely necessary for the conservation of the species. According to 
the Secretarial Order, ``Critical habitat shall not be designated in an 
area that may impact Tribal trust resources unless it is determined 
essential to conserve a listed species. In designating critical 
habitat, the Services shall evaluate and document the extent to which 
the conservation needs of a listed species can be achieved by limiting 
the designation to other lands.''
    We determined that no Tribal lands are essential for any of the 18 
plantsspecies for which critical habitat designation is proposed 
because none of these plants are known to occur on Tribal lands.

  Table 6.--Impacts of Critical Habitat Designation for 19 Plants From
                                  Lanai
------------------------------------------------------------------------
                                                           Additional
                                                           activities
                                Activities potentially     potentially
   Categories of activities       affected by species      affected by
                                     listing only       critical habitat
                                                         designation\1\
------------------------------------------------------------------------
Federal Activities Potentially  Activities conducted    Activities by
 Affected \2\.                   by the Army Corps of    these Federal
                                 Engineers, Department   Agencies in any
                                 of Transportation,      unoccupied
                                 Department of           critical
                                 Defense, Department     habitat areas.
                                 of Agriculture,
                                 Environmental
                                 Protection Agency,
                                 Federal Emergency
                                 Management Agency,
                                 Federal Aviation
                                 Administration.

[[Page 82108]]

 
Private or other non-Federal    Activities that         Funding,
 Activities Potentially          require a Federal       authorization,
 Affected \3\.                   action (permit,         or permitting
                                 authorization, or       actions by
                                 funding) and may        Federal
                                 remove or destroy       Agencies in any
                                 habitat for these       unoccupied
                                 plants by mechanical,   critical
                                 chemical, or other      habitat areas.
                                 means (e.g.,
                                 overgrazing,
                                 clearing, cutting
                                 native live trees and
                                 shrubs, water
                                 diversion,
                                 impoundment,
                                 groundwater pumping,
                                 road building,
                                 mining, herbicide
                                 application,
                                 recreational use
                                 etc.) or appreciably
                                 decrease habitat
                                 value or quality
                                 through indirect
                                 effects (e.g., edge
                                 effects, invasion of
                                 exotic plants or
                                 animals,
                                 fragmentation of
                                 habitat).
------------------------------------------------------------------------
\1\ This column represents activities potentially affected by the
  critical habitat designation in addition to those activities
  potentially affected by listing the species.
\2\ Activities initiated by a Federal agency.
\3\ Activities initiated by a private or other non-Federal entity that
  may need Federal authorization or funding.

4. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions in the economic analysis, or (c) any significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises.

5. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. Small 
governments will only be affected to the extent that any Federal funds, 
permits or other authorized activities must ensure that their actions 
will not adversely affect the critical habitat. However, as discussed 
above, these actions are currently subject to equivalent restrictions 
through the listing protections of the species, and no further 
restrictions are anticipated to result from critical habitat 
designation of occupied areas.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

6. Takings

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications. A takings implication assessment is 
not required. As discussed above, the designation of critical habitat 
affects only Federal agency actions. The rule will not increase or 
decrease the current restrictions on private property concerning take 
of these 18 plant species. Due to current public knowledge of the 
species protection, the existing Section 9 prohibitions both within and 
outside of the designated areas, and the fact that critical habitat 
provides no incremental restrictions in areas of occupied critical 
habitat, we do not anticipate that property values will be affected by 
the critical habitat designations. Additionally, critical habitat 
designation does not preclude development of habitat conservation plans 
and issuance of incidental take permits. The landowner in areas that 
are included in the designated critical habitat will continue to have 
opportunity to utilize the property in ways consistent with State law 
and with the continued survival of the plant species.

7. Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. As discussed above, the designation of critical habitat in 
areas currently occupied by the 18 plant species would have little 
incremental impact on State and local governments and their activities. 
The designations may have some benefit to these governments in that the 
areas essential to the conservation of these species are more clearly 
defined, and the primary constituent elements of the habitat necessary 
to the survival of the species are identified. While this definition 
and identification does not alter where and what federally sponsored 
activities may occur, it may assist these local governments in long 
range planning, rather than waiting for case-by-case section 7 
consultation to occur.

8. Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We propose to designate critical habitat in accordance 
with the provisions of the Act. The rule uses standard property 
descriptions and identifies the primary constituent elements within the 
designated areas to assist the public in understanding the habitat 
needs of the 18 plant species.

9. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
that requires OMB approval under the Paperwork Reduction Act.

10. National Environmental Policy Act

    We have determined that an Environmental Assessment and/or an 
Environmental Impact Statement as defined by the National Environmental 
Policy Act of 1969 need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Act, as amended. We published a 
notice outlining our reason for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

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

Authors

    The primary authors of this notice are Christa Russell, Michelle 
Stephens, and Marigold Zoll of the Pacific Islands Field Office (see 
ADDRESSES section).

[[Page 82109]]

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to 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. In Sec. 17.12(h) revise the entries for Abutilon eremitopetalum, 
Bonamia menziesii, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
mauiensis, Cyanea grimesiana ssp. grimesiana, Cyanea macrostegia ssp. 
gibsonii, Cyrtandra munroi, Gahnia lanaiensis, Hedyotis mannii, 
Hedyotis schlechtendahliana var. remyi, Hibiscus brackenridgei, 
Labordia tinifolia var. lanaiensis, Melicope munroi, Portulaca 
sclerocarpa, Spermolepis hawaiiensis, Tetramolopium remyi, and Viola 
lanaiensis under ``FLOWERING PLANTS'' and Ctentitis squamigera under 
``FERNS AND ALLIES'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                              *         *         *         *         *         *         *
Abutilon eremitopetalum..........  none................  U.S.A. (HI)........  Malvaceae-Mallow...  E                       435     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
Bonamia menziesii................  none................  U.S.A. (HI)........  Convolvulaceae       E                       559     17.96(a)          NA.
                                                                               Morning glory.
 
                                              *         *         *         *         *         *         *
Centaurium sebaeoides............  Awiwi...............  U.S.A. (HI)........  Gentianaceae-        E                       448     17.96(a)          NA.
                                                                               Gentian.
 
                                              *         *         *         *         *         *         *
Clermontia oblongifoli             Oha wai.............  U.S.A. (HI)........  Campanulaceae-Bell   E                       467     17.96(a)          NA.
 ssp.mauiensis.                                                                flower.
 
                                              *         *         *         *         *         *         *
Cyanea grimesiana ssp. grimesiana  Haha................  U.S.A. (HI)........  Campanulaceae-Bell   E                       592     17.96(a)          NA.
                                                                               flower.
 
                                              *         *         *         *         *         *         *
Cyanea macrostegia ssp. gibsonii.  none................  U.S.A. (HI)........  Campanulaceae-Bell   E                       592     17.96(a)          NA.
                                                                               flower.
 
                                              *         *         *         *         *         *         *
Cyrtandra munroi.................  Haiwale.............  U.S.A. (HI)........  Gesneriaceae-        E                       467     17.96(a)          NA.
                                                                               African violet.
 
                                              *         *         *         *         *         *         *
Gahnia lanaiensis................  none................  U.S.A. (HI)........  Cyperaceae-Sedge...  E                       435     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
Hedyotis mannii..................  Pilo................  U.S.A. (HI)........  Rubiaceae-Coffee...  E                       480     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
Hedyotis sclechtendahliana var.    Kopa................  U.S.A. (HI)........  Rubiaceae-Coffee...  E                       441     17.96(a)          NA.
 remyi.
 
                                              *         *         *         *         *         *         *
Hibiscus brackenridgei...........  Mao hau hele........  U.S.A. (HI)........  Malvaceae-Mallow...  E                       559     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
Labordia tinifolia, var.           Kamakahala..........  U.S.A. (HI)........  Mallow Loganiaceae-  E                       666     17.96(a)          NA.
 lanaiensis.                                                                   Logania.
 
                                              *         *         *         *         *         *         *
Melicope munroi..................  Alani...............  U.S.A. (HI)........  Rutaceae-Rue.......  E                       666     17.96(a)          NA.
 

[[Page 82110]]

 
                                              *         *         *         *         *         *         *
Portulaca sclerocarpa............  Poe.................  U.S.A. (HI)........  Portulacaceae-       E                       432     17.96(a)          NA.
                                                                               Purslane.
 
                                              *         *         *         *         *         *         *
Spermolepis hawaiiensis..........  none................  U.S.A. (HI)........  Apiaceae-Parsley...  E                       559     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
Tetramaloplium remyi.............  none................  U.S.A. (HI)........  Asteraceae-          E                       435     17.96(a)          NA.
                                                                               Sunflower.
 
                                              *         *         *         *         *         *         *
Viola lanaiensis.................  none................  U.S.A. (HI)........  Violaceae-Violet...  E                       435     17.96(a)          NA.
 
                                              *         *         *         *         *         *         *
         Ferns and Allies
 
                                              *         *         *         *         *         *         *
Ctenitis squamigera..............  Pauoa...............  U.S.A. (HI)........  Aspleniaceae-        E                       553     17.96(a)          NA.
                                                                               Spleenwort.
 
                                              *         *         *         *         *         *         *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.96, as proposed to be amended at 65 FR 66865, 
November 7, 2000, add introductory text to paragraph (a)(1)(i), add 
paragraph (a)(1)(i)(E), and revise paragraphs (a)(1)(ii)(A) and 
(a)(1)(ii)(B) to read as follows:


Sec. 17.96  Critical habitat-plants.

    (a) * * *
    (1) * * *
    (i) Maps and critical habitat unit descriptions. The following 
sections contain the legal descriptions of the critical habitat units 
designated for each of the Hawaiian islands. Existing features and 
structures within proposed areas, such as buildings, roads, aquaducts, 
telecommunication equipment, arboreta and gardens, heiaus (indigenous 
place of worship, shrine) and other man-made features do not contain, 
and are not likely to develop, the constituent elements described for 
each species in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this 
section. Therefore, these features or structures are not included in 
the critical habitat designation.
* * * * *
    (E) Lanai. Critical habitat units are described below. Coordinates 
are in UTM Zone 4 with units in meters using North American Datum of 
1983 (NAD83). The following map shows the general locations of the 10 
critical habitat units designated on the island of Lanai.


    Note: Map follows:


[[Page 82111]]


[GRAPHIC] [TIFF OMITTED] TP27DE00.028


[[Page 82112]]


    Critical Habitat Unit Lanai A: Area consists of the following 
twelve boundary points: 719712, 2305252; 720416, 2305409; 721551, 
2303960; 723117, 2303521; 723365, 2302096; 722463, 2301441; 721071, 
2302054; 720184, 2302791; 719869, 2303462; 718237, 2303992; 718088, 
2305384; 718717, 2305682.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.029
    
    Critical Habitat Unit Lanai B: Area consists of the following eight 
boundary points: 723212, 2299127; 723720, 2299036; 723981, 2298623; 
723882, 2298115; 723454, 2297882; 722989, 2297982; 722723, 2298390; 
722832, 2298832.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.030
    
    Critical Habitat Unit Lanai C: Area consists of the following eight 
boundary points: 725639, 2301587; 726128, 2301511; 726413, 2301098; 
726299, 2300566; 725829, 2300338; 725373, 2300490; 725173, 2300870; 
725244, 2301307.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.031
    

[[Page 82113]]


    Critical Habitat Unit Lanai D: Area consists of the following eight 
boundary points: 724717, 2303155; 725040, 2302784; 724993, 2302257; 
724598, 2301967; 724109, 2302029; 723848, 2302366; 723843, 2302827; 
724204, 2303174.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.032
    
    Critical Habitat Unit Lanai E: Area consists of the following eight 
boundary points: 724403, 2304342; 724854, 2304442; 725277, 2304171; 
725353, 2303672; 725078, 2303269; 724560, 2303207; 724171, 2303501; 
724128, 2303962.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.033
    
    Critical Habitat Unit Lanai F: Area consists of the following eight 
boundary points: 718729, 2311275; 719495, 2310727; 719528, 2310199; 
719189, 2309838; 718726, 2309815; 718081, 2310313; 718003, 2310809; 
718302, 2311135.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.034
    

[[Page 82114]]


    Critical Habitat Unit Lanai G: Area consists of the entire islet, 
located at UTM coordinate 716393, 2294193.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.035
    
    Critical Habitat Unit Lanai H: Area consists of the following eight 
boundary points: 708156, 2313789; 708625, 2313719; 708926, 2313485; 
708965, 2313031; 708746, 2312649; 708254, 2312543; 707808, 2312824; 
707750, 2313391.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.036
    
    Critical Habitat Unit Lanai I: Area consists of the following eight 
boundary points: 724128, 2305536; 723819, 2305150; 723361, 2305089; 
722997, 2305298; 722875, 2305767; 723096, 2306231; 723681, 2306330; 
724062, 2306010.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.037
    

[[Page 82115]]


    Critical Habitat Unit Lanai J: Area consists of the following eight 
points and the intermediate coastline: 702559, 2313776; 702658, 
2313650; 702688, 2313348; 702566, 2313030; 702299, 2312864; 702063, 
2312826; 701890, 2312877; 701888, 2312878.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP27DE00.038
    

 Table (A)(1)(i)(E)--Protected Species Within Each Critical Habitat Unit
                                for Lanai
------------------------------------------------------------------------
               Unit name                             Species
------------------------------------------------------------------------
Lanai A................................  Clermontia oblongifolia ssp.
                                          mauiensis, Cyanea grimesiana
                                          ssp. grimesiana, Cyanea
                                          macrostegia ssp. gibsonii,
                                          Cyrtandra munroi, Ctenitis
                                          squamigera, Gahnia lanaiensis,
                                          Hedyotis mannii, Hedyotis
                                          schlechtendahliana var. remyi,
                                          Labordia tinifolia var.
                                          lanaiensis, Melicope munroi,
                                          and Viola lanaiensis.
Lanai B................................  Spermolepis hawaiiensis.
Lanai C................................  Teramolopium remyi.
Lanai D................................  Bonamia menziesii.
Lanai E................................  Abutilon eremitopetalum.
Lanai F................................  Centaurium sebaeoides and
                                          Hibiscus brackenridgei.
Lanai G................................  Portulaca sclerocarpa.
Lanai H................................  Teramolopium remyi.
Lanai I................................  Spermolepis hawaiiensis.
Lanai J................................  Hibiscus brackenridgei.
------------------------------------------------------------------------

    (ii) Hawaiian plants--Constituent elements.
    (A) Flowering plants.
Family Apiaceae: Peucedanum sandwicense (makou)
    Kauai F, G, I, and M, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Peucedanum sandwicense on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Cliff habitats (a) in mixed shrub coastal 
dry cliff communities or diverse mesic forest and (b) containing one or 
more of the following associated native plant

[[Page 82116]]

species: Hibiscus kokio, Brighamia insignis, Bidens sp., Artemisia sp., 
Lobelia niihauensis, Wilkesia gymnoxiphium, Canthium odoratum, Dodonaea 
viscosa, Psychotria sp., Acacia koa, Kokio kauaiensis, Carex meyenii, 
Panicum lineale, Chamaesyce celastroides, Eragrostis sp., Diospyros 
sp., or Metrosideros polymorpha; and (2) elevations from sea level to 
above 915 m (3,000 ft).
Family Apiaceae: Spermolepis hawaiiensis (No Common Name)
    i. Kauai B and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for 
Spermolepis hawaiiensis on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Metrosideros polymorpha forests or 
Dodonaea viscosa lowland dry shrubland containing one or more of the 
following associated plant species: Eragrostis variabilis, Bidens 
sandvicensis, Schiedea spergulina, Lipochaeta sp., Cenchrus 
agrimonioides, Sida fallax, Doryopteris sp., or Gouania hillebrandii; 
and (2) elevations of about 305 to 610 m (1,000 to 2,000 ft).
    ii. Critical habitat on Lanai includes the Lanai units B, I, and J 
which are identified in the legal description in paragraph (a)(1)(i)(E) 
of this section. Within these units the primary constituent elements 
are the rocky, steep slopes containing ledges and pockets with one or 
more of the following associated native plant species: Dodonea viscosa, 
Panicum spp., Heteropogon contortus, Lipochaeta lavarum, or Reyoldsia 
sandwicensis; and elevations between 335 and 395 m (1,100 and 1,300 
ft).
Family Apocynaceae: Pteralyxia kauaiensis (kaulu)
    Kauai F, G, I, M, Q, T, and U, identified in the legal descriptions 
in paragraph (a)(1)(i)(A) of this section, constitute critical habitat 
for Pteralyxia kauaiensis on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Diverse mesic or wet forests containing 
one or more of the following associated plant taxa: Pisonia 
sandwicensis, Euphorbia haeleeleana, Charpentiera elliptica, Pipturus 
sp., Neraudia kauaiensis, Hedyotis terminalis, Pritchardia sp., 
Gardenia remyi, Syzygium sp., Pleomele sp., Cyanea sp., Hibiscus sp., 
Kokia kauaiensis, Alectryon macrococcus, Canthium odoratum, Nestegis 
sandwicensis, Bobea timonioides, Rauvolfia sandwicensis, Nesoluma 
polynesicum, Myrsine lanaiensis, Caesalpinia kauaiensis, Tetraplasandra 
sp., Acacia koa, Styphelia tameiameiae, Dodonaea viscosa, Gahnia sp., 
Freycinetia arborea, Psychotria mariniana, Diplazium sandwichianum, 
Zanthoxylum dipetalum, Carex sp., Delissea sp., Xylosma hawaiiense, 
Alphitonia ponderosa, Santalum freycinetianum, Antidesma sp., Diospyros 
sp., Metrosideros polymorpha, Dianella sandwicensis, Poa sandwicensis, 
Schiedea stellarioides, Peperomia macraeana, Claoxylon sandwicense, or 
Pouteria sandwicensis; and (2) elevations between 250 to 610 m (820 to 
2,000 ft).
Family Araliaceae: Munroidendron racemosum (No Common Name)
    Kauai G, I, M, and N, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Munroidendron racemosum on Kauai. Within these units the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Steep exposed cliffs or ridge slopes (a) 
in coastal or lowland mesic forest and (b) containing one or more of 
the following associated plant taxa: Pisonia umbellifera, Canavalia 
galeata, Sida fallax, Brighamia insignis, Canthium odoratum, Psychotria 
sp., Nestegis sandwicensis, Tetraplasandra sp., Bobea timonioides, 
Rauvolfia sandwicensis, Pleomele sp., Pouteria sandwicensis, or 
Diospyros sp.; and (2) elevations between 120 to 400 m (395 to 1,310 
ft).
Family Asteraceae: Dubautia latifolia (na`ena`e)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Dubautia 
latifolia on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Gentle or steep slopes on well drained soil in (a) semi-
open or closed, diverse montane mesic forest dominated by Acacia koa 
and/or Metrosideros polymorpha and (b) containing one or more of the 
following native plant species: Pouteria sandwicensis, Dodonaea 
viscosa, Nestegis sandwicensis, Diplazium sandwichianum, Elaeocarpus 
bifidus, Claoxylon sandwicense, Bobea sp., Pleomele sp., Antidesma sp., 
Cyrtandra sp., Xylosma sp., Alphitonia ponderosa, Coprosma waimeae, 
Dicranopteris linearis, Hedyotis terminalis, Ilex anomala, Melicope 
anisata, Psychotria mariniana, or Scaevola sp.; and (2) elevations 
between 800 to 1,220 m (2,625 to 4,000 ft).
Family Asteraceae: Dubautia pauciflorula (na`ena`e)
    Kauai L, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Dubautia 
pauciflorula on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) lowland wet forest within stream drainages; and (2) 
elevations between 670-700 m (2,200-2,300 ft).
Family Asteraceae: Hesperomannia lydgatei (No Common Name)
    Kauai F, L, and P, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Hesperomannia lydgatei on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Stream banks with rich brown soil and 
silty clay (a) in Metrosideros polymorpha or Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest and (b) containing one or 
more of the following associated native plant species: Adenophorus sp., 
Antidesma sp., Broussaisia arguta, Cheirodendron sp., Elaphoglossum 
sp., Freycinetia arborea, Hedyotis terminalis, Labordia lydgatei, 
Machaerina angustifolia, Peperomia sp., Pritchardia sp., Psychotria 
hexandra, and Syzygium sandwicensis; and (2) elevations between 410-915 
m (1,345-3,000 ft).
Family Asteraceae: Lipochaeta fauriei (nehe)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Lipochaeta fauriei on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Moderate shade to full sun on the sides of steep 
gulches (a) in diverse lowland mesic forests and (b) containing one or 
more of the following native species: Diospyros sp., Myrsine 
lanaiensis, Euphorbia haeleeleana, Acacia koa, Pleomele aurea, Sapindus 
oahuensis, Nestegis sandwicensis, Dodonaea viscosa, Psychotria 
mariniana, Psychotria greenwelliae, Kokia kauaiensis, or Hibiscus 
waimeae; and (2) elevations between 480 and 900 m (1,575 and 2,950 ft).

[[Page 82117]]

Family Asteraceae: Lipochaeta micrantha (nehe)
    i. Kauai I and M, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for 
Lipochaeta micrantha on Kauai. Within these units the currently known 
primary constituent elements of critical habitat for Lipochaeta 
micrantha var. exigua are habitat components that provide: (1) Cliffs, 
ridges, or slopes (a) in grassy, shrubby or dry mixed communities and 
(b) containing one or more of the following associated native plant 
species: Artemisia australis, Bidens sandvicensis, Plectranthus 
parviflorus, Chamaesyce celastroides, Diospyros sp., Canthium odoratum, 
Neraudia sp., Pipturus sp., Hibiscus kokio, Sida fallax, Eragrostis 
sp., or Lepidium bidentatum; and (2) elevations between 305-430 m 
(1,000-1,400 ft).
    ii. Within these units, the currently known primary constituent 
elements of critical habitat for Lipochaeta micrantha var. micrantha 
are habitat components that provide: (1) Basalt cliffs, stream banks, 
or level ground (a) in mesic or diverse Metrosideros polymorpha--
Diospyros sp. forest and (b) containing one or more of the following 
associated native plant species: Lobelia niihauensis, Chamaesyce 
celastroides var. hanapepensis, Neraudia kauaiensis, Rumex sp., 
Nontrichium sp. (kului), Artemisia sp., Dodonaea viscosa, Antidesma 
sp., Hibiscus sp., Xylosma sp., Pleomele sp., Melicope sp., Bobea sp., 
and Acacia koa; and (2) elevations between 610-720 m (2,000-2,360 ft).
Family Asteraceae: Lipochaeta waimeaensis (nehe)
    Kauai B, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Lipochaeta waimeaensis on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Precipitous, shrub-covered gulch (a) in diverse 
lowland forest and (b) containing the native species Dodonaea viscosa 
or Lipochaeta connata; and (2) elevations between 350 and 400 m (1,150 
and 1,310 ft).
Family Asteraceae: Remya kauaiensis (No Common Name)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Remya kauaiensis on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Steep, north or northeast facing slopes (a) in Acacia 
koa--Metrosideros polymorpha lowland mesic forest and (b) containing 
one or more of the following associated native plant species: 
Chamaesyce sp., Nestegis sandwicensis, Diospyros sp., Hedyotis 
terminalis, Melicope ssp., Pouteria sandwicensis, Schiedea membranacea, 
Psychotria mariniana, Dodonaea viscosa, Dianella sandwicensis, 
Tetraplasandra kauaiensis, or Claoxylon sandwicensis; and (2) 
elevations between 850 to 1,250 m (2,800 to 4,100 ft).
Family Asteraceae: Remya montgomeryi (No Common Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Remya 
montgomeryi on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Steep, north or northeast-facing slopes, cliffs, or stream 
banks near waterfalls (a) in Metrosideros polymorpha mixed mesic forest 
and (b) containing one or more of the following associated native plant 
species: Lysimachia glutinosa, Lepidium serra, Boehmeria grandis, Poa 
mannii, Stenogyne campanulata, Myrsine linearifolia, Bobea timonioides, 
Ilex anomala, Zanthoxylum dipetalum, Claoxylon sandwicensis, 
Tetraplasandra spp., Artemisia sp., Nototrichium sp., Cyrtandra sp., 
Dubautia plantaginea, Sadleria sp., Cheirodendron sp., Scaevola sp., or 
Pleomele sp.; and (2) elevations between 850 to 1,250 m (2,800 to 4,100 
ft).
Family Asteraceae: Tetramolopium remyi (No Common Name)
    Critical habitat includes the Lanai units C and H which are 
identified in paragraph (a)(1)(i)(E) of this section. Within these 
units the primary constituent elements are red sandy loam soil in dry 
Dodonea viscosa-Heteropogon contortus communities and including one or 
more of the following associated native plant species: Bidens 
mauiensis, Waltheria indica, Wikstroemia oahuensis, or Lipochaeta 
lavarum; and an elevation of about 230 m (755 ft).
Family Asteraceae: Wilkesia hobdyi (dwarf iliau)
    Kauai G and J, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Wilkesia 
hobdyi on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Coastal dry cliffs or very dry ridges containing one or 
more of the following associated native plant species: Artemisia sp., 
Wilkesia gymnoxiphium, Lipochaeta connata, Lobelia niihauensis, 
Peucedanum sandwicensis, Hibiscus kokio ssp. saint johnianus, Canthium 
odoratum, Peperomia sp., Myoporum sandwicense, Sida fallax, Waltheria 
indica, Dodonaea viscosa, or Eragrostis variabilis; and (2) elevations 
between 275 to 400 m (900 to 1,310 ft).
Family Campanulaceae: Brighamia insignis (`olulu)
    Kauai E, G, and M, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, and Niihau B, identified in the 
legal descriptions in paragraph (a)(1)(i)(B) of this section, 
constitute critical habitat for Brighamia insignis on Kauai and Niihau. 
Within these units, the currently known primary constituent elements of 
critical habitat are habitat components that provide: (1) Rocky ledges 
with little soil or steep sea cliffs (a) in lowland dry grasslands or 
shrublands with annual rainfall that is usually less than 170 cm (65 
in.) and (b) containing one or more of the following native plant 
species: Artemisia sp., Chamaesyce celastroides, Canthium odoratum, 
Eragrostis variabilis, Heteropogon contortus, Hibiscus kokio, Hibiscus 
saintjohnianus, Lepidium serra, Lipochaeta succulenta, Munroidendron 
racemosum, or Sida fallax; and (2) elevations between sea level to 480 
m (1,575 ft) elevation.
Family Campanulaceae: Clermontia oblongifolia ssp. mauiensis (oha wai)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the ridges in Metrosideros polymorpha 
dominated montane wet forest, and containing one or more of the 
following associated native plant species: Coprosma sp., Clermontia 
sp., Hedyotis sp., or Melicope sp.; and elevations between 800 and 900 
m (2,625 and 2,950 ft).
Family Campanulaceae: Cyanea asarifolia (haha)
    Kauai R and T, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Cyanea 
asarifolia on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Pockets of soil on sheer rock cliffs (a) in lowland wet 
forests and (b) containing one or more of the following

[[Page 82118]]

native plant species: Hedyotis elatior, Machaerina angustifolia, 
Metrosideros polymorpha, Touchardia latifolia, or Urera glabra; and (2) 
elevations between 330 to 730 m (1,080 to 2,400 ft).
Family Campanulaceae: Cyanea grimesiana ssp. grimesiana (haha)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the rocky or steep slopes of stream banks in 
mesic Metrosideros polymorpha forest or Metrosideros polymorpha--Acacia 
koa forest, and containing one or more of the following associated 
native plant species: Antidesma sp., Bobea sp., Myrsine sp., Nestegis 
sandwicensis, Psychotria sp., or Xylosma sp.; and elevations between 
350 and 945 m (1,150 and 3,100 ft).
Family Campanulaceae: Cyanea macrostegia ssp. gibsonii (No Common Name)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the lower gulch slopes, gulch bottoms, and 
streambanks in lowland wet Metrosideros polymorpha forest or 
Diplopterygium pinnatum-Metrosideros polymorpha shrubland, and 
containing one or more of the following associated native plant 
species: Dicranopteris linearis, Perrottetia sandwicensis, Scaevola 
chamissoniana, Pipturus sp., Antidesma sp., Freycinetia arborea, 
Psychotria sp., Cyrtandra sp., Broussaisia arguta, Cheirodendron sp., 
Clermontia sp., Dubautia sp., Hedyotis, Ilex anomala, Labordia sp., 
Melicope sp., Pneumatopteris sp., or Sadleria sp.; and elevations 
between 760 and 970 m (2,490 and 3,180 ft).
Family Campanulaceae: Cyanea recta (haha)
    Kauai K, O, P, and R, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Cyanea recta on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Gulches or slopes (a) in lowland wet or mesic Metrosideros 
polymorpha forest or shrubland and (b) containing one or more of the 
following native plant species: Dicranopteris linearis, Psychotria sp., 
Antidesma sp., Cheirodendron platyphyllum, Cibotium sp., or Diplazium 
sp.; and (2) elevations between 400 to 1,200 m (1,310 to 3,940 ft).
Family Campanulaceae: Cyanea remyi (haha)
    Kauai L, P, R, and T, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Cyanea remyi on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Lowland wet forest or shrubland and containing one or more 
of the following native plant species: Antidesma sp., Cheirodendron 
sp., Diospyros sp., Broussaisia arguta, Metrosideros polymorpha, 
Freycinetia arborea, Hedyotis terminalis, Machaerina angustifolia, 
Perrottetia sandwicensis, Psychotria hexandra, or Syzygium 
sandwicensis; and (2) elevations between 360 to 930 m (1,180 to 3,060 
ft).
Family Campanulaceae: Cyanea undulata (haha)
    Kauai L, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Cyanea 
undulata on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Pristine, undisturbed sites along shady stream banks or 
steep to vertical slopes; and (2) elevations between 630 to 800 m 
(2,070 to 2,625 ft).
Family Campanulaceae: Delissea rhytidosperma (No Common Name)
    Kauai F, G, and M, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Delissea rhytidosperma on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Well-drained soils with medium or fine-
textured subsoil (a) in diverse lowland mesic forests or Acacia koa 
dominated lowland dry forests and (b) containing one or more of the 
following native species: Euphorbia haeleeleana, Psychotria hobdyi, 
Pisonia sp., Pteralyxia sp., Dodonaea viscosa, Cyanea sp., Hedyotis 
sp., Dianella sandwicensis, Diospyros sandwicensis, Styphelia 
tameiameiae, or Nestegis sandwicensis; and (2) elevations between 120 
and 915 m (400 and 3,000 ft).
Family Campanulaceae: Delissea rivularis (`oha)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Delissea 
rivularis on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Steep slopes near streams (a) in Metrosideros polymorpha--
Cheirodendron trigynum montane wet or mesic forest and (b) containing 
one or more of the following native plant species: Broussaisia arguta, 
Carex sp., Coprosma sp., Melicope clusiifolia, M. anisata, Psychotria 
hexandra, Dubautia knudsenii, Diplazium sandwichianum, Hedyotis 
foggiana, Ilex anomala, or Sadleria sp.; and (2) elevations between 
1,100 to 1,220 m (3,610 to 4,000 ft).
Family Campanulaceae: Delissea undulata (No Common Name)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Delissea 
undulata on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) dry or mesic open Sophora chrysophylla-Metrosideros 
polymorpha forests containing one or more of the following native plant 
species: Diospyros sandwicensis, Dodonaea viscosa, Psychotria 
mariniana, P. greenwelliae, Santalum ellipticum, Nothocestrum 
breviflorum, or Acacia koa; and (2) elevations between 610-1,740 m 
(2,000-5,700 ft).
Family Campanulaceae: Lobelia niihauensis (No Common Name)
    Kauai F, G, I, and J, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Lobelia niihauensis on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Exposed mesic mixed shrubland or coastal dry cliffs 
containing one or more of the following associated native plant 
species: Eragrostis sp., Bidens sp., Plectranthus parviflorus, 
Lipochaeta sp., Lythrum sp., Wilkesia hobdyi, Hibiscus kokio ssp. saint 
johnianus, Nototrichium sp., Schiedea apokremnos, Chamaesyce 
celastroides, Charpentiera sp., or Artemisia sp.; and (2) elevations 
between 100 to 830 m (330 to 2720 ft).
Family Caryophyllaceae: Alsinidendron lychnoides (kuawawaenohu)
    Kauai G and H, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for 
Alsinidendron lychnoides on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Montane wet forests (a) dominated by 
Metrosideros polymorpha and Cheirodendron sp., or by

[[Page 82119]]

Metrosideros polymorpha and Dicranopteris linearis and (b) containing 
one or more of the following native plant species: Carex sp., Cyrtandra 
sp., Machaerina sp., Vaccinium sp., Peperomia sp., Hedyotis terminalis, 
Astelia sp., or Broussaisia arguta; and (2) elevations between 1,100 
and 1,320 m (3,610 and 4,330 ft).
Family Caryophyllaceae: Alsinidendron viscosum (No Common Name)
    Kauai I, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Alsinidendron viscosum on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Steep slopes (a) in Acacia koa-Metrosideros 
polymorpha lowland, montane mesic, or wet forest and (b) containing one 
or more of the following native plant species: Alyxia olivaeformis, 
Bidens cosmoides, Bobea sp., Carex sp., Coprosma sp., Dodonaea viscosa, 
Gahnia sp., Ilex anomala, Melicope sp., Pleomele sp., Psychotria sp., 
or Schiedea stellarioides; and (2) elevations between 820 and 1,200 m 
(2,700 and 3,940 ft).
Family Caryophyllaceae: Schiedea apokremnos (ma`oli`oli)
    Kauai G and J, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Schiedea 
apokremnos on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Crevices of near-vertical coastal cliff faces (a) in 
sparse dry coastal shrub vegetation and (b) containing one or more of 
the following associated native plant species: Heliotropium sp., 
Chamaesyce sp., Bidens sp., Artemisia australis, Lobelia niihauensis, 
Wilkesia hobdyi, Lipochaeta connata, Myoporum sandwicense, Canthium 
odoratum, or Peperomia sp.; and (2) elevations between 60 to 330 m (200 
to 1,080 ft).
Family Caryophyllaceae: Schiedea helleri (No Common Name)
    Kauai I, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Schiedea 
helleri on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Ridges and steep cliffs (a) in closed Metrosideros 
polymorpha-Dicranopteris linearis montane wet forest, or Metrosideros 
polymorpha-Cheirodendron sp. montane wet forest, or Acacia koa-
Metrosideros polymorpha montane mesic forest, and (b) containing one or 
more of the following associated native plant species: Dubautia 
raillardioides, Scaevola procera, Hedyotis terminalis, Syzygium 
sandwicensis, Melicope clusifolia, Cibotium sp., Broussaisia arguta, 
Cheirodendron sp., Cyanea hirtella, Dianella sandwicensis, Viola 
wailenalenae, or Poa sandvicensis; and (2) elevations between 1,065-
1,100 m (3,490-3,610 ft).
Family Caryophyllaceae: Schiedea kauaiensis (No Common Name)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Schiedea 
kauaiensis on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Steep slopes (a) in diverse mesic or wet forest and (b) 
containing one or more of the following associated plant taxa: 
Psychotria mariniana, Psychotria hexandra, Canthium odoratum, Pisonia 
sp., Microlepia speluncae, Exocarpos luteolus, Diospyros sp., 
Peucedanum sandwicense, or Euphorbia haeleeleana; and (2) elevations 
between 680-790 m (2,230-2,590 ft).
Family Caryophyllaceae: Schiedea membranacea (No Common Name)
    Kauai G, I, and K, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Schiedea membranacea on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Cliffs or cliff bases (a) in mesic or wet habitats, 
(b) in lowland, or montane shrubland, or forest communities dominated 
by Acacia koa, Pipturus sp. or Metrosideros polymorpha and (c) 
containing one or more of the following associated native plant 
species: Hedyotis terminalis, Melicope sp., Pouteria sandwicensis, Poa 
mannii, Hibiscus waimeae, Psychotria mariniana, Canthium odoratum, 
Pisonia sp., Perrottetia sandwicensis, Scaevola procera, Sadleria 
cyatheoides, Diplazium sandwicensis, Thelypteris sandwicensis, 
Boehmeria grandis, Dodonaea viscosa, Myrsine sp., Bobea brevipes, 
Alyxia olivaeformis, Psychotria greenwelliae, Pleomele sp., Alphitonia 
ponderosa, Joinvillea ascendens ssp. ascendens, Athyrium sandwichianum, 
Machaerina angustifolia, Cyrtandra paludosa, Touchardia latifolia, 
Thelypteris cyatheoides, Lepidium serra, Eragrostis variabilis, Remya 
kauaiensis, Lysimachia kalalauensis, Labordia helleri, Mariscus 
pennatiformis, Asplenium praemorsum, or Poa sandvicensis; and (2) 
elevations between 520 and 1,160 m (1,700 and 3,800 ft).
Family Caryophyllaceae: Schiedea nuttallii (No Common Name)
    Kauai M, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Schiedea 
nuttallii on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) diverse lowland mesic forest, often with Metrosideros 
polymorpha dominant, containing one or more of the following associated 
native plant species: Antidesma sp, Psychotria sp., Perrottetia 
sandwicensis, Pisonia sp., or Hedyotis acuminata; and (2) elevations 
between 415 and 790 m (1,360 and 2,590 ft).
Family Caryophyllaceae: Schiedea spergulina var. leiopoda (No Common 
Name)
    Kauai C, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Schiedea 
spergulina var. leiopoda on Kauai. Within this unit, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) bare rock outcrops or sparsely vegetated 
portions of rocky cliff faces or cliff bases (a) in diverse lowland 
mesic forests and (b) containing one or more of the following native 
plants: Bidens sandvicensis, Doryopteris sp., Peperomia leptostachya, 
or Plectranthus parviflorus; and (2) elevations between 180 and 800 m 
(590 and 2,625 ft).
Family Caryophyllaceae: Schiedea spergulina var. spergulina (No Common 
Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Schiedea 
spergulina var. spergulina on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Bare rock outcrops or sparsely vegetated 
portions of rocky cliff faces or cliff bases (a) in diverse lowland 
mesic forests and (b) containing one or more of the following 
associated plant taxa: Heliotropium sp., or Nototrichium sandwicense; 
and (2) elevations between 180 and 800 m (590 and 2,625 ft).

[[Page 82120]]

Family Caryophyllaceae: Schiedea stellarioides (laulihilihi 
(=ma`oli`oli))
    Kauai I, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Schiedea 
stellarioides on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Steep slopes (a) in closed Acacia koa-Metrosideros 
polymorpha lowland or montane mesic forest or shrubland and (b) 
containing one or more of the following native plant species: 
Nototrichium sp., Artemisia sp., Dodonaea viscosa, Melicope sp., 
Dianella sandwicensis, Bidens cosmoides, Mariscus sp., or Styphelia 
tameiameiae; and (2) elevations between 610 and 1,120 m (2,000 and 
3,680 ft).
Family Convolvulaceae: Bonamia menziesii (No Common Name)
    i. Kauai G and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Bonamia 
menziesii on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Dry, mesic or wet forests containing one or more of the 
following native plant species: Metrosideros polymorpha, Canthium 
odoratum, Dianella sandwicensis, Diospyros sandwicensis, Dodonaea 
viscosa, Hedyotis terminalis, Melicope anisata, Melicope barbigera, 
Myoporum sandwicense, Nestegis sandwicense, Pisonia sp., Pittosporum 
sp., Pouteria sandwicensis, or Sapindus oahuensis; and (2) elevations 
between 150 and 850 m (500 and 2,800 ft).
    ii. Critical habitat on Lanai includes the Lanai unit D which is 
identified in paragraph (a)(1)(i)(E) of this section. Within this unit 
the primary constituent elements are the dry Nestegis sandwicensis-
Diospyros sp. forest or dry Dodonea viscosa shrubland containing one or 
more of the following associated native plant species: Bobea sp., 
Nesoluma polynesicum, Erythrina sandwicensis, Rauvolfia sandwicensis, 
Metrosideros polymorpha, Canthium odoratum, Dianella sandwicensis, 
Diospyros sandwicensis, Hedyotis terminalis, Melicope anisata, Melicope 
barbigera, Myoporum sandwicense, Pisonia sp., Pittosporum sp., Pouteria 
sandwicensis, or Sapindus oahuensis; and elevations between 150 and 853 
m (490 and 2,800 ft).
Family Cyperaceae: Cyperus trachysanthos (pu`uka`a)
    Kauai G, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, and Niihau A, identified in the legal 
descriptions in paragraph (a)(1)(i)(B) of this section, constitute 
critical habitat for Cyperus trachysanthos on Kauai and Niihau. Within 
these units, the currently known primary constituent elements of 
critical habitat are habitat components that provide: (1) Wet sites 
(mud flats, wet clay soil, or wet cliff seeps) (a) on coastal cliffs or 
talus slopes and (b) containing the native plant species Hibiscus 
tiliaceus; and (2) elevations between 3 and 160 m (10 and 525 ft).
Family Cyperaceae: Gahnia lanaiensis (No Common Name)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the flat to gentle ridgecrest topography in 
lowland wet forest (shrubby rainforest to open scrubby fog belt or 
degraded lowland mesic forest), wet Diplopterygium pinnatum-
Dicranopteris linearis-Metrosideros polymorpha shrubland or wet 
Metrosideros polymorpha-Dicranopteris linearis shrubland, and 
containing one or more of the following associated native plant 
species: Doodia sp., Odontosoria chinensis, Ilex anomala, Hedyotis 
terminalis, Sadleria sp., Coprosma sp., Lycopodium sp., Scaevola sp., 
or Styphelia tameiameiae; and elevations between 915 and 1,030 m (3,000 
and 3,380 ft).
Family Euphorbiaceae: Chamaesyce halemanui (No Common Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for 
Chamaesyce halemanui on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Steep slopes of gulches (a) in mesic Acacia koa 
forests and (b) containing one or more of the following native plant 
species: Metrosideros polymorpha, Alphitonia ponderosa, Antidesma 
platyphyllum, Bobea brevipes, Cheirodendron trigynum, Coprosma sp., 
Diospyros sandwicensis, Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis 
terminalis, Kokia kauaiensis, Melicope haupuensis, Pisonia sp., 
Pittosporum sp., Pleomele aurea, Psychotria mariniana, Psychotria 
greenwelliae, Pouteria sandwicensis, Santalum freycinetianum, or 
Styphelia tameiameiae; and (2) elevations between 660 to 1,100 m (2,165 
to 3,610 ft).
Family Euphorbiaceae: Euphorbia haeleeleana (``akoko)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Euphorbia haeleeleana on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Lowland mixed mesic or dry forest that (a) is often 
dominated by Metrosideros polymorpha, Acacia koa, or Diospyros sp. and 
(b) containing one or more of the following native plant species: 
Acacia koaia, Antidesma platyphyllum, Claoxylon sp., Carex meyenii, 
Carex wahuensis, Diplazium sandwichianum, Dodonaea viscosa, Erythrina 
sandwicensis, Kokia kauaiensis, Pleomele aurea, Psychotria mariniana, 
P. greenwelliae, Pteralyxia sandwicensis, Rauvolfia sandwicensis, 
Reynoldsia sandwicensis, Sapindus oahuensis, Tetraplasandra kauaiensis, 
Pouteria sandwicensis, Pisonia sandwicensis, or Xylosma sp.; and (2) 
elevations between 205 and 670 m (680 and 2,200 ft).
Family Euphorbiaceae: Flueggea neowawraea (mehamehame)
    Kauai F, G, and I, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Flueggea neowawraea on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Dry or mesic forests containing one or more of the 
following native plant species: Alectryon macrococcus, Bobea 
timonioides, Charpentiera sp., Caesalpinia kauaiense, Hibiscus sp., 
Melicope sp., Metrosideros polymorpha, Myrsine lanaiensis, 
Munroidendron racemosum, Tetraplasandra sp., Kokia kauaiensis, 
Isodendrion sp., Pteralyxia kauaiensis, Psychotria mariniana, Diplazium 
sandwichianum, Freycinetia arborea, Nesoluma polynesicum, Diospyros 
sp., Antidesma pulvinatum, A. platyphyllum, Canthium odoratum, Nestegis 
sandwicensis, Rauvolfia sandwicensis, Pittosporum sp., Tetraplasandra 
sp., Pouteria sandwicensis, Xylosma sp., Pritchardia sp., Bidens sp., 
or Streblus pendulinus; and (2) elevations of 250 to 1,000 m (820 to 
3,280 ft).
Family Fabaceae: Sesbania tomentosa (`ohai)
    Kauai J, identified in the legal description in paragraph 
(a)(1)(i)(A) of

[[Page 82121]]

this section, constitutes critical habitat for Sesbania tomentosa on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are habitat components that provide: (1) 
Sandy beaches, dunes, soil pockets on lava, or pond margins (a) in 
coastal dry shrublands, or open Metrosideros polymorpha forests, or 
mixed coastal dry cliffs, and (b) containing one or more of the 
following associated native plant species: Sida fallax, Heteropogon 
contortus, Myoporum sandwicense, Sporobolus virginicus, Scaevola 
sericea, or Dodonaea viscosa; and (2) elevations between sea level and 
12 m (0 and 40 ft).
Family Fabaceae: Vigna o-wahuensis (No common name)
    The currently known primary constituent elements of critical 
habitat for Vigna o-wahuensis on Lanai are unknown.
    Family Flacourtiaceae: Xylosma crenatum (No Common Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Xylosma 
crenatum on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Diverse Acacia koa-Metrosideros polymorpha montane mesic 
forest, or Metrosideros polymorpha-Dicranopteris linearis montane wet 
forest, or Acacia koa-Metrosideros polymorpha montane wet forest, and 
containing one or more of the following associated native plant 
species: Tetraplasandra kauaiensis, Hedyotis terminalis, Pleomele 
aurea, Ilex anomala, Claoxylon sandwicense, Myrsine alyxifolia, 
Nestegis sandwicensis, Streblus pendulinus, Psychotria sp., Diplazium 
sandwichianum, Pouteria sandwicensis, Scaevola procera, Coprosma sp., 
Athyrium sandwichianum, Touchardia latifolia, Dubautia knudsenii, 
Cheirodendron sp., Lobelia yuccoides, Cyanea hirta, Poa sandwicensis, 
or Diplazium sandwichianum; and (2) elevations between 975 to 1,065 m 
(3,200 to 3,4900 ft).
Family Gentianaceae: Centaurium sebaeoides (`awiwi)
    i. Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Centaurium sebaeoides on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Volcanic or clay soils or cliffs (a) in arid coastal 
areas and (b) containing one or more of the following native plant 
species; Artemisia sp., Bidens sp., Chamaesyce celastroides, Dodonaea 
viscosa, Fimbristylis cymosa, Heteropogon contortus, Jaquemontia 
ovalifolia, Lipochaeta succulenta, Lipochaeta heterophylla, Lipochaeta 
integrifolia, Lycium sandwicense, Lysimachia mauritiana, Mariscus 
phloides, Panicum fauriei, P. torridum, Scaevola sericea, Schiedea 
globosa, Sida fallax, or Wikstroemia uva-ursi; and (2) elevations above 
250 m (800 ft).
    ii. Critical habitat on Lanai includes the Lanai unit F which is 
identified in paragraph (a)(1)(i)(E) of this section. Within this unit 
the primary constituent elements are the dry ledges which may or may 
not contain Hibiscus brackenridgei; and an elevation around 210 m (690 
ft).
Family Gesneriaceae: Cyrtandra cyaneoides (mapele)
    Kauai K, P, and R, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Cyrtandra cyaneoides on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Steep slopes or cliffs near streams or waterfalls--
(a) in lowland or montane wet forest or shrubland dominated by 
Metrosideros polymorpha or a mixture of Metrosideros polymorpha and 
Dicranopteris linearis and (b) containing one or more of the following 
native species: Perrottetia sandwicensis, Pipturus sp., Bidens sp., 
Psychotria sp., Pritchardia sp., Freycinetia arborea, Cyanea sp., 
Cyrtandra limahuliensis, Diplazium sandwichianum, Gunnera sp., Coprosma 
sp., Stenogyne sp., Machaerina sp., Boehmeria grandis, Pipturus sp., 
Cheirodendron sp., Hedyotis terminalis, or Hedyotis tryblium; and (2) 
elevations between 550 and 1,220 meter (1,800 and 4,000 ft).
Family Gesneriaceae: Cyrtandra limahuliensis (ha`iwale)
    Kauai A, F, K, L, O, P, Q, R, and T, identified in the legal 
descriptions in paragraph (a)(1)(i)(A) of this section, constitute 
critical habitat for Cyrtandra limahuliensis on Kauai. Within these 
units, the currently known primary constituent elements of critical 
habitat are habitat components that provide: (1) Stream banks (a) in 
lowland wet forests and (b) containing one or more of the following 
native plant species: Antidesma sp., Cyrtandra kealiea, Pisonia sp., 
Pipturus sp., Cibotium glaucum, Eugenia sp, Hedyotis terminalis, 
Dubautia sp., Boehmeria grandis, Touchardia latifolia, Bidens sp., 
Hibiscus waimeae, Charpentiera sp., Urera glabra, Pritchardia sp., 
Cyanea sp., Perrottetia sandwicensis, Metrosideros polymorpha, 
Dicranopteris linearis, Gunnera kauaiensis, or Psychotria sp.; and (2) 
elevations between 245 and 915 m (800 and 3,000 ft).
Family Gesneriaceae: Cyrtandra munroi (ha iwale)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are rich, moist to wet, moderately steep talus 
slopes in diverse mesic forest, wet Metrosideros polymorpha forest, or 
mixed mesic Metrosideros polymorpha forest, and containing one or more 
of the following associated native plant species: Diplopterygium 
pinnatum, Diospyros sp., Metrosideros polymorpha, Hedyotis acuminata, 
Clermontia sp., Alyxia oliviformis, Bobea sp., Coprosma sp., 
Dicranopteris linearis, Freycinetia arborea, Melicope sp., Myrsine sp., 
Perrottetia sandwicensis, Pipturus sp., Pittosporum sp., Pleomele sp., 
Pouteria sandwicensis, Psychotria sp., Sadleria sp., Scaevola sp., 
Xylosma sp., or other Cyrtandra sp.; and elevations between 300 and 920 
m (980 and 3,020 ft).
Family Lamiaceae: Phyllostegia knudsenii (No Common Name)
    Kauai I, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Phyllostegia knudsenii on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Metrosideros polymorpha lowland mesic or wet forest 
containing one or more of the following associated native plant 
species: Perrottetia sandwicensis, Cyrtandra kauaiensis, Cyrtandra 
paludosa, Elaeocarpus bifidus, Claoxylon sandwicensis, Cryptocarya 
mannii, Ilex anomala, Myrsine linearifolia, Bobea timonioides, 
Selaginella arbuscula, Diospyros sp., Zanthoxylum dipetalum, 
Pittosporum sp., Tetraplasandra spp., Pouteria sandwicensis, or 
Pritchardia minor; and (2) elevations between 865-975 m (2,840-3,200 
ft).
Family Lamiaceae: Phyllostegia wawrana (No Common Name)
    Kauai G, I, and R, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Phyllostegia wawrana on Kauai. Within these units, the currently known 
primary constituent

[[Page 82122]]

elements of critical habitat are habitat components that provide: (1) 
Metrosideros polymorpha dominated lowland or montane wet or mesic 
forest with (a) Cheirodendron sp. or Dicranopteris linearis as co-
dominants, and (b) containing one or more of the following associated 
native plant species: Delissea rivularis, Diplazium sandwichianum, 
Vaccinium sp., Broussaisia arguta, Myrsine lanaiensis, Psychotria sp., 
Dubautia knudsenii, Scaevola procera, Gunnera sp., Pleomele aurea, 
Claoxylon sandwicense, Elaphoglossum sp., Hedyotis sp., Sadleria sp., 
and Syzygium sandwicensis; and (2) elevations between 780-1,210 m 
(2,560-3,920 ft).
Family Lamiaceae: Stenogyne campanulata (No Common Name)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Stenogyne campanulata on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Rock faces of nearly vertical, north-facing cliffs 
(a) in diverse lowland or montane mesic forest and (b) containing one 
or more of the following associated native plant species: Heliotropium 
sp., Lepidium serra, Lysimachia glutinosa, Perrottetia sandwicensis, or 
Remya montgomeryi; and (2) an elevation of 1,085 m (3,560 ft).
Family Loganiaceae: Labordia lydgatei (kamakahala)
    Kauai F, K, L, P, R, and T, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Labordia lydgatei on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Metrosideros polymorpha-Dicranopteris linearis 
lowland wet forest containing one or more of the following associated 
native plant species: Psychotria sp., Hedyotis terminalis sp., Cyanea 
sp., Cyrtandra sp., Labordia hirtella, Antidesma platyphyllum var. 
hillebrandii, Syzygium sandwicensis, Ilex anomala, or Dubautia 
knudsenii; and (2) elevations between 635 and 855 m (2,080 to 2,800 
ft).
Family Loganiaceae: Labordia tinifolia var. lanaiensis (kamakahala)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the lowland mesic forest with one or more of 
the following associated native plants: Dicranopteris linearis or 
Scaevola chamissoniana; and elevations between 710 and 1,020 m (2,330 
and 3,345 ft).
Family Loganiaceae: Labordia tinifolia var. wahiawaensis (kamakahala)
    Kauai L, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Labordia 
tinifolia var. wahiawaensis on Kauai. Within this unit, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Streambanks (a) in lowland wet forests 
dominated by Metrosideros polymorpha and (b) containing one or more of 
the following associated species: Cheirodendron sp., Dicranopteris 
linearis, Cyrtandra sp, Antidesma sp., Psychotria sp., Hedyotis 
terminalis, or Athyrium microphyllum; and (2) elevations between 300 to 
920 m (985 to 3,020 ft).
Family Malvaceae: Abutilon eremitopetalum (No Common Name)
    Critical habitat includes the Lanai unit E which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the moderately steep north-facing slopes with 
red sandy soil and rock in lowland dry Erythrina sandwicensis-Diospyros 
ferrea forest and containing one or more of the following native plant 
taxa: Canthium odoratum, Dodonaea viscosa, Nesoluma polynesicum, 
Rauvolfia sandwicensis, Sida fallax, or Wikstroemia sp.; and elevations 
between 210 and 520 m (690 and 1,700 ft).
Family Malvaceae: Hibiscadelphus woodii (hau kuahiwi)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Hibiscadelphus woodii on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Basalt talus or cliff walls (a) in Metrosideros 
polymorpha montane mesic forest and (b) containing one or more of the 
following associated native plant species: Bidens sandwicensis, 
Artemisia australis, Melicope pallida, Dubautia sp., Lepidium serra, 
Lipochaeta sp., Lysimachia glutinosa, Carex meyenii, Chamaesyce 
celastroides var. hanapepensis, Hedyotis sp., Nototrichium sp., Panicum 
lineale, Myrsine sp., Stenogyne campanulata, Lobelia niihauensis, or 
Poa mannii; and (2) elevations around 915 m (3,000 ft).
Family Malvaceae: Hibiscus brackenridgei (mao hau hele)
    Critical habitat includes the Lanai units F and J which are 
identified in paragraph (a)(1)(i)(E) of this section. Within this unit 
the primary constituent elements are the lowland dry to mesic forest 
and shrubland containing one or more of the following associated native 
plant species: Dodonea viscosa, Canthium odoratum, Eurya sandwicensis, 
Isachne distichophylla, or Sida fallax; and elevations between sea 
level and 800 m (2,625 ft).
Family Malvaceae: Hibiscus clayi (Clay's hibiscus)
    Kauai N, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Hibiscus 
clayi on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Slopes (a) in Acacia koa or Diospyros sp. -Pisonia sp.-
Metrosideros polymorpha lowland dry or mesic forest and (b) containing 
one or more of the following associated native plant species: Hedyotis 
acuminata, Pipturus sp., Psychotria sp., Cyanea hardyi, Artemisia 
australis, or Bidens sp.; and (2) elevations between 230 to 350 m (750 
to 1,150 ft).
Family Malvaceae: Hibiscus waimeae ssp. hannerae (koki`o ke`oke`o)
    Kauai F, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Hibiscus 
waimeae ssp. hannerae on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Metrosideros polymorpha-Dicranopteris linearis or 
Pisonia sp.-Charpentiera elliptica lowland wet or mesic forest and 
containing one or more of the following associated native plant 
species: Antidesma sp., Psychotria sp., Pipturus sp., Bidens sp., Bobea 
sp., Sadleria sp., Cyrtandra sp., Cyanea sp., Cibotium sp., Perrottetia 
sandwicensis, or Syzygium sandwicensis; and (2) elevations between 190 
and 560 m (620 and 1,850 ft).
Family Malvaceae: Kokia kauaiensis (koki'o)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Kokia 
kauaiensis on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Diverse mesic forest containing one or more of the 
following

[[Page 82123]]

associated native plant species: Acacia koa, Metrosideros polymorpha, 
Bobea sp., Diospyros sandwicensis, Hedyotis sp., Pleomele sp., Pisonia 
sp., Xylosma sp., Isodendrion sp., Syzygium sandwicensis, Antidesma 
sp., Alyxia olivaeformis, Pouteria sandwicensis, Streblus pendulinus, 
Canthium odoratum, Nototrichium sp., Pteralyxia kauaiensis, 
Dicranopteris linearis, Hibiscus sp., Flueggea neowawraea, Rauvolfia 
sandwicensis, Melicope sp., Diellia laciniata, Tetraplasandra sp., 
Chamaesyce celastroides, Lipochaeta fauriei, Dodonaea viscosa, Santalum 
sp., Claoxylon sp., or Nestegis sandwicensis; and (2) elevations 
between 350-660 m (1,150-2,165 ft).
Family Myrsinaceae: Myrsine linearifolia (kolea)
    Kauai F, G, H, I, L, and P, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Myrsine linearifolia on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) diverse mesic or wet lowland or montane Metrosideros 
polymorpha forest with (a) Cheirodendron sp. or Dicranopteris linearis 
as co-dominants, and (b) containing one or more of the following 
associated native plant species: Dubautia sp., Cryptocarya mannii, 
Sadleria pallida, Myrsine sp., Syzygium sandwicensis, Machaerina 
angustifolia, Freycinetia arborea, Hedyotis terminalis, Cheirodendron 
sp., Bobea brevipes, Nothocestrum sp., Melicope sp., Eurya 
sandwicensis, Psychotria sp., Lysimachia sp., or native ferns; and (2) 
elevations between 585 to 1,280 m (1,920 to 4,200 ft).
Family Orchidaceae: Platanthera holochila (No Common Name)
    Kauai H, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Platanthera holochila on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Metrosideros polymorpha-Dicranopteris linearis 
montane wet forest or M. polymorpha mixed bog containing one or more of 
the following associated native plants: Myrsine denticulata, Cibotium 
sp., Coprosma ernodeoides, Oreobolus furcatus, Styphelia tameiameiae, 
or Vaccinium sp.; and (2) elevations between 1,050 and 1,600 m (3,450 
and 5,245 ft).
Family Plantaginaceae: Plantago princeps (laukahi kuahiwi)
    Kauai G, K, P, and T, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Plantago princeps on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Steep slopes, rock walls, or bases of waterfalls (a) 
in mesic or wet Metrosideros polymorpha forest and (b) containing one 
or more of the following associated native plant species: Dodonaea 
viscosa, Psychotria sp., Dicranopteris linearis, Cyanea sp., Hedyotis 
sp., Melicope sp., Dubautia plantaginea, Exocarpos luteolus, Poa 
siphonoglossa, Nothocestrum peltatum, Remya montgomeryi, Stenogyne 
campanulata, Xylosma sp., Pleomele sp., Machaerina angustifolia, 
Athyrium sp., Bidens sp., Eragrostis sp., Lysimachia filifolia, 
Pipturus sp., Cyrtandra sp., or Myrsine linearifolia; and (2) 
elevations between 480 to 1,100 m (1,580 to 3,610 ft).
Family Poaceae: Panicum niihauense (lau`ehu)
    Kauai J, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Panicum 
niihauense on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Sand dunes (a) in coastal shrubland and (b) containing one 
or more of the following associated native plant species: Dodonaea 
viscosa, Cassytha filiformis, Scaevola sericea, Sida fallax, Vitex 
rotundifolia, or Sporobolus sp.; and (2) elevations of 100 m or less 
(330 ft).
Family Poaceae: Poa mannii (Mann's bluegrass)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Poa 
mannii on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Cliffs, rock faces, or stream banks (a) in lowland or 
montane wet, dry, or mesic Metrosideros polymorpha or Acacia koa-
Metrosideros polymorpha montane mesic forest and (b) containing one or 
more of the following associated native plant species: Alectryon 
macrococcus, Antidesma platyphyllum, Bidens cosmoides, Chamaesyce 
celastroides var. hanapepensis, Artemisia australis, Bidens 
sandwicensis, Lobelia sandwicensis, Wilkesia gymnoxiphium, Eragrostis 
variabilis, Panicum lineale, Mariscus phloides, Luzula hawaiiensis, 
Carex meyenii, C. wahuensis, Cyrtandra wawrae, Dodonaea viscosa, 
Exocarpos luteolus, Labordia helleri, Nototrichium sp., Schiedea 
amplexicaulis, Hedyotis terminalis, Melicope anisata, M. barbigera, M. 
pallida, Pouteria sandwicensis, Schiedea membranacea, Diospyros 
sandwicensis, Psychotria mariniana, P. greenwelliae, or Kokia 
kauaiensis; and (2) elevations between 460 and 1,150 m (1,510 and 3,770 
ft).
Family Poaceae: Poa sandvicensis (Hawaiian bluegrass)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Poa 
sandvicensis on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Wet, shaded, gentle or steep slopes, ridges, or rock 
ledges (a) in semi-open or closed, mesic or wet, diverse montane forest 
dominated by Metrosideros polymorpha and (b) containing one or more of 
the following associated native species: Dodonaea viscosa, Dubautia 
sp., Coprosma sp., Melicope sp., Dianella sandwicensis, Alyxia 
olivaeformis, Bidens sp., Dicranopteris linearis, Schiedea 
stellarioides, Peperomia macraeana, Claoxylon sandwicense, Acacia koa, 
Psychotria sp., Hedyotis sp., Scaevola sp., Cheirodendron sp., or 
Syzygium sandwicensis; and (2) elevations between 1,035 to 1,250 m 
(3,400 to 4,100 ft).
Family Poaceae: Poa siphonoglossa (No Common Name)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Poa siphonoglossa on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Shady banks near ridge crests (a) in mesic 
Metrosideros polymorpha forest and (b) containing one or more of the 
following associated native plant species: Acacia koa, Psychotria sp., 
Scaevola sp., Alphitonia ponderosa, Zanthoxylum dipetalum, 
Tetraplasandra kauaiensis, Dodonaea viscosa, Hedyotis sp., Melicope 
sp., Vaccinium sp., Styphelia tameiameiae, Carex meyenii, Carex 
wahuensis, or Wilkesia gymnoxiphium; and (2) elevations between 1,000 
to 1,200 m (3,300 and 3,900 ft).
Family Portulacaceae: Portulaca sclerocarpa (po e)
    Critical habitat includes the Lanai unit G which is identified in 
paragraph

[[Page 82124]]

(a)(1)(i)(E) of this section. Within this unit the primary constituent 
elements are the exposed ledges with thin soil in coastal communities.
Family Primulaceae: Lysimachia filifolia (No Common Name)
    Kauai T, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Lysimachia filifolia on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Mossy banks at the base of cliff faces within the 
spray zone of waterfalls or along streams in lowland wet forests and 
containing one or more of the following associated native plant 
species: mosses, ferns, liverworts, Machaerina sp., Heteropogon 
contortus, or Melicope sp.; and (2) elevations between 240 to 680 m 
(800 to 2,230 ft).
Family Rhamnaceae: Gouania meyenii (No Common Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Gouania 
meyenii on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Rocky ledges, cliff faces, or ridge tops (a) in dry 
shrubland or Metrosideros polymorpha lowland mesic forest and (b) 
containing one or more of the following native plant species: Dodonaea 
viscosa, Chamaesyce sp., Psychotria sp., Hedyotis sp., Melicope sp., 
Nestegis sandwicensis, Bidens sp., Carex meyenii, Diospyros sp., 
Lysimachia sp., or Senna gaudichaudii; and (2) elevations between 490 
to 880 m (1,600 to 2,880 ft).
Family Rubiaceae: Hedyotis cookiana (`awiwi)
    Kauai G, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Hedyotis 
cookiana on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Streambeds or steep cliffs close to water sources in 
lowland wet forest communities; and (2) elevations between 170 and 370 
m (560 and 1,210 ft).
Family Rubiaceae: Hedyotis mannii (pilo)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the dark, narrow, rocky gulch walls or steep 
stream banks in wet forests, and containing one or more of the 
following associated native plant species: Sadleria sp., Selaginella 
sp., Broussaisia arguta, Labordia sp., Cyrtandra sp., Scaevola sp., 
Freycinetia arborea, Blechnum occidentale, Pipturis sp., Carex meyenii, 
Pneumatopteris sandwicensis, Cibotium sp., Cyanea sp., or Psychotria 
sp.; and elevations between 150 and 1,050 m (490 and 3,450 ft).
Family Rubiaceae: Hedyotis schlechtendahliana var. remyi (kopa)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the ridge crests in mesic windswept shrubland, 
and containing one or more of the following associated native plant 
species: Metrosideros polymorpha, Dicranopteris linearis, Styphelia 
tameiameiae, Dodonaea viscosa, Odontosoria chinensis, Sadleria sp., 
Dubautia sp., or Myrsine sp.; and elevations between 730 and 900 m 
(2,400 to 3,000 ft).
Family Rubiaceae: Hedyotis st.-johnii (Na Pali beach Hedyotis)
    Kauai G and J, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Hedyotis 
st.-johnii on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Crevices of north-facing, near-vertical coastal cliff 
faces within the spray zone (a) in sparse dry coastal shrubland and (b) 
containing one or more of the following native plant species: Myoporum 
sandwicense, Eragrostis variabilis, Lycium sandwicense, Heteropogon 
contortus, Artemisia australis or Chamaesyce celastroides; and (2) 
elevations above 75 m (250 ft).
Family Rutaceae: Melicope haupuensis (alani)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Melicope 
haupuensis on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Moist talus slopes (a) in Metrosideros polymorpha 
dominated lowland mesic forests or Metrosideros polymorpha-Acacia koa 
montane mesic forest and (b) containing one or more of the following 
associated native plant species: Dodonaea viscosa, Diospyros sp., 
Psychotria mariniana, P. greenwelliae, Melicope ovata, M. anisata, M. 
barbigera, Dianella sandwicensis, Pritchardia minor, Tetraplasandra 
waimeae, Claoxylon sandwicensis, Cheirodendron trigynum, Pleomele 
aurea, Cryptocarya mannii, Pouteria sandwicensis, Bobea brevipes, 
Hedyotis terminalis, Elaeocarpus bifidus, or Antidesma sp; and (2) 
elevations between 375 to 1,075 m (1,230 to 3,530 ft).
Family Rutaceae: Melicope knudsenii (alani)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Melicope 
knudsenii on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Forested flats or talus slopes (a) in lowland dry or 
montane mesic forests and (b) containing one or more of the following 
associated native plant species: Dodonaea viscosa, Antidesma sp., 
Metrosideros polymorpha, Xylosma sp., Hibiscus sp., Myrsine lanaiensis, 
Diospyros sp., Rauvolfia sandwicensis, Bobea sp., Nestegis 
sandwicensis, Hedyotis sp., Melicope sp., Psychotria sp., or 
Pittosporum kauaiensis; and (2) elevations between 450 to 1,000 m 
(1,480 to 3,300 ft).
Family Rutaceae: Melicope munroi (alani)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the slopes in lowland wet shrublands, and 
containing one or more of the following native plant taxa: 
Diplopterygium pinnatum, Dicranopteris linearis, Metrosideros 
polymorpha, Cheirodendron trigynum, Coprosma sp., Broussaisia arguta, 
other Melicope sp., or Machaerina angustifolia; and elevations between 
790 to 1,020 m (2,600 to 3,350 ft).
Family Rutaceae: Melicope pallida (alani)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Melicope 
pallida on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Steep rock faces (a) in lowland or montane mesic or wet 
forests or shrubland and (b) containing one or more of the following 
associated native plant species: Dodonaea viscosa, Lepidium serra, 
Pleomele sp., Boehmeria grandis, Coprosma sp., Hedyotis terminalis, 
Melicope sp., Pouteria sandwicensis, Poa mannii, Schiedea membranacea, 
Psychotria mariniana, Dianella sandwicensis,

[[Page 82125]]

Pritchardia minor, Chamaesyce celastroides var. hanapepensis, 
Nototrichium sp., Carex meyenii, Artemisia sp., Abutilon sandwicense, 
Alyxia olivaeformis, Dryopteris sp., Metrosideros polymorpha, Pipturus 
albidus, Sapindus oahuensis, Tetraplasandra sp., or Xylosma hawaiiense; 
and (2) elevations between 490 to 915 m (1,600 to 3,000 ft).
Family Rutaceae: Zanthoxylum hawaiiense (a`e)
    Kauai I, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for 
Zanthoxylum hawaiiense on Kauai. Within this unit, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Lowland dry or mesic forests, or montane dry forest, 
(a) dominated by Metrosideros polymorpha or Diospyros sandwicensis, and 
(b) containing one or more of the following associated plant species: 
Pleomele auwahiensis, Antidesma platyphyllum, Pisonia sp., Alectryon 
macrococcus, Charpentiera sp., Melicope sp., Streblus pendulinus, 
Myrsine lanaiensis, Sophora chrysophylla, or Dodonaea viscosa; and (2) 
elevations between 550 and 730 m (1,800 and 2,400 ft).
Family Santalaceae: Exocarpos luteolus (heau)
    Kauai G, H, I, L, and S, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Exocarpos luteolus on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Wet places bordering swamps; open, dry ridges (a) in 
lowland or montane Metrosideros polymorpha dominated wet forest 
communities and (b) containing one or more of the following native 
plant species: Acacia koa, Cheirodendron trigynum, Pouteria 
sandwicensis, Dodonaea viscosa, Pleomele aurea, Psychotria mariniana, 
Psychotria greenwelliae, Bobea brevipes, Hedyotis terminalis, 
Elaeocarpus bifidus, Melicope haupuensis, Dubautia laevigata, Dianella 
sandwicensis, Poa sandvicensis, Schiedea stellarioides, Peperomia 
macraeana, Claoxylon sandwicense, Santalum freycinetianum, Styphelia 
tameiameiae, or Dicranopteris linearis; and (2) elevations between 475 
and 1,290 m (1,560 and 4,220 ft).
Family Sapindaceae: Alectryon macrococcus (mahoe)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Alectryon macrococcus on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Dry slopes or gulches (a) in Diospyros sp.-
Metrosideros polymorpha lowland mesic forest, Metrosideros polymorpha 
mixed mesic forest, or Diospyros sp. mixed mesic forest, (b) containing 
one or more of the following native plant species: Nestegis 
sandwicensis, Psychotria sp., Pisonia sp., Xylosma sp., Streblus 
pendulinus, Hibiscus sp., Antidesma sp., Pleomele sp., Acacia koa, 
Melicope knudsenii, Hibiscus waimeae, Pteralyxia sp., Zanthoxylum sp., 
Kokia kauaiensis, Rauvolfia sandwicensis, Myrsine lanaiensis, Canthium 
odoratum, Canavalia sp., Alyxia oliviformis, Nesoluma polynesicum, 
Munroidendron racemosum, Caesalpinia kauaiense, Tetraplasandra sp., 
Pouteria sandwicensis, or Bobea timonioides; and (2) elevations between 
360 to 1,070 m (1,180 to 3,510 ft).
Family Solanaceae: Nothocestrum peltatum (`aiea)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for 
Nothocestrum peltatum on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Rich soil on steep slopes (a) in montane or lowland 
mesic or wet forest dominated by Acacia koa or a mixture of Acacia koa 
and Metrosideros polymorpha, and (b) containing one or more of the 
following associated native plant species: Antidesma sp., Dicranopteris 
linearis, Bobea brevipes, Elaeocarpus bifidus, Alphitonia ponderosa, 
Melicope anisata, M. barbigera, M. haupuensis, Pouteria sandwicensis, 
Dodonaea viscosa, Dianella sandwicensis, Tetraplasandra kauaiensis, 
Claoxylon sandwicensis, Cheirodendron trigynum, Psychotria mariniana, 
P. greenwelliae, Hedyotis terminalis, Ilex anomala, Xylosma sp., 
Cryptocarya mannii, Coprosma sp., Pleomele aurea, Diplazium 
sandwicensis, Broussaisia arguta, or Perrottetia sandwicensis; and (2) 
elevations between 915 to 1,220 m (3,000 to 4,000 ft).
Family Solanaceae: Solanum sandwicense (`aiakeaakua, popolu)
    Kauai D, G, and I, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Solanum sandwicense on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Open, sunny areas (a) in diverse lowland or montane 
mesic or wet forests and (b) containing one or more of the following 
associated plants: Alphitonia ponderosa, Ilex anomala, Xylosma sp., 
Athyrium sandwicensis, Syzygium sandwicensis, Bidens cosmoides, 
Dianella sandwicensis, Poa siphonoglossa, Carex meyenii, Hedyotis sp., 
Coprosma sp., Dubautia sp., Pouteria sandwicensis, Cryptocarya mannii, 
Acacia koa, Metrosideros polymorpha, Dicranopteris linearis, Psychotria 
sp., or Melicope sp.; and (2) elevations between 760 and 1,220 m (2,500 
and 4,000 ft).
Family Violaceae: Isodendrion laurifolium (aupaka)
    Kauai G, I, and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Isodendrion laurifolium on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Diverse mesic or wet forest (a) dominated 
by Metrosideros polymorpha, Acacia koa, or Diospyros sp. and (b) 
containing one or more of the following associated native plant 
species: Kokia kauaiensis, Streblus sp., Elaeocarpus bifidus, Canthium 
odoratum, Antidesma sp., Xylosma hawaiiense, Hedyotis terminalis, 
Pisonia sp., Nestegis sandwicensis, Dodonaea viscosa, Euphorbia 
haeleeleana, Pleomele sp., Pittosporum sp., Melicope sp., Claoxylon 
sandwicense, Alphitonia ponderosa, Myrsine lanaiensis, or Pouteria 
sandwicensis; and (2) elevations between 490 and 820 m (1,600 and 2,700 
ft).
Family Violaceae: Isodendrion longifolium (aupaka)
    Kauai F, G, L, M, and P, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Isodendrion longifolium on Kauai. Within these units, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Steep slopes, gulches, or stream banks (a) 
in mesic or wet Metrosideros polymorpha forests and (b) containing one 
or more of the following native species: Dicranopteris linearis, 
Eugenia sp., Diospyros sp., Pritchardia sp., Canthium odoratum, 
Melicope sp., Cheirodendron sp., Ilex anomala, Pipturus sp., Hedyotis 
fluviatilis, Peperomia sp., Bidens sp., Nestegis sandwicensis, Cyanea 
hardyi, Syzygium sp., Cibotium sp., Bobea brevipes,

[[Page 82126]]

Antidesma sp., Cyrtandra sp., Hedyotis terminalis, Peperomia sp., 
Perrottetia sandwicensis, Pittosporum sp., or Psychotria sp.; and (2) 
elevations between 410 to 760 m (1,345 to 2,500 ft).
Family Violaceae: Viola helenae (No Common Name)
    Kauai L, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Viola 
helenae on Kauai. Within this unit, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Stream banks or adjacent valley bottoms with light to 
moderate shade in Metrosideros polymorpha-Dicranopteris linearis 
lowland wet forest; and (2) elevations between 610-855 m (2,000-2,800 
ft).
Family Violaceae: Viola kauaiensis var. wahiawaensis (nani wai`ale`ale)
    Kauai L, identified in the legal description in paragraph 
(a)(1)(i)(A) of this section, constitutes critical habitat for Viola 
kauaiensis var. wahiawaensis on Kauai. Within this unit, the currently 
known primary constituent elements of critical habitat are habitat 
components that provide: (1) Open montane bog or wet shrubland 
containing one or more of the following native plant species: 
Dicranopteris linearis, Diplopterygium pinnatum, Syzygium sandwicensis, 
or Metrosideros polymorpha; and (2) elevations between 640 and 865 m 
(2,100 and 2,840 ft).
Family Violaceae: Viola lanaiensis (No Common Name)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent elements are the moderate to steep slopes from lower 
gulches to ridgetops, with a soil and decomposed rock substrate in open 
to shaded areas in Metrosideros polymorpha-Dicranopteris linearis 
montane mesic forest, lowland wet forest or lowland mesic shrubland, 
and containing one or more of the following associated native plants: 
ferns and short windswept shrubs, Scaevola chamissoniana, Hedyotis 
terminalis, Hedyotis centranthoides, Styphelia sp., Carex sp., Ilex 
sp., Psychotria sp., Antidesma sp., Coprosma sp., Freycinetia sp., 
Myrsine sp., Nestegis sp., Psychotria sp., or Xylosma sp.; and 
elevations between 670-975 m (2,200-3,200 ft).
    (B) Ferns and Allies.
Family Aspleniaceae: Ctenitis squamigera (pauoa)
    Critical habitat includes the Lanai unit A which is identified in 
paragraph (a)(1)(i)(E) of this section. Within this unit the primary 
constituent element is the forest understory in diverse mesic forest or 
scrubby mixed mesic forest, and containing one or more of the following 
associated native plant species: Nestegis sandwicensis, Coprosma sp., 
Sadleria sp., Selaginella sp., Carex meyenii, Blechnum occidentale, 
Pipturus sp., Melicope sp., Pneumatopteris sandwicensis, Pittosporum 
sp., Alyxia oliviformis, Freycinetia arborea, Antidesma sp., Cyrtandra 
sp., Peperomia sp., Myrsine sp., Psychotria sp., Metrosideros 
polymorpha, Syzygium sandwicensis, Melicope sp., Wikstroemia sp., 
Microlepia sp., Doodia sp., Boehmeria grandis, Nephrolepis sp., 
Perrotettia sandwicensis, or Xylosma sp.; and elevations between 380 
and 917 m (1,250 and 3,010 ft).
Family Aspleniaceae: Diellia pallida (No Common Name)
    Kauai G and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(A) of this section, constitute critical habitat for Diellia 
pallida on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are habitat components that 
provide: (1) Bare soil on steep, rocky, dry slopes (a) in lowland mesic 
forests and (b) containing one or more of the following native plant 
species: Acacia koa, Alectryon macrococcus, Antidesma platyphyllum, 
Metrosideros polymorpha, Myrsine lanaiensis, Zanthoxylum dipetalum, 
Tetraplasandra kauaiensis, Psychotria mariniana, Carex meyenii, 
Diospyros hillebrandii, Hedyotis knudsenii, Canthium odoratum, 
Pteralyxia kauaiensis, Nestegis sandwicensis, Alyxia olivaeformis, 
Wilkesia gymnoxiphium, Alphitonia ponderosa, Styphelia tameiameiae, or 
Rauvolfia sandwicensis; and (2) elevations between 530 to 915 m (1,700 
to 3,000 ft).
Family Grammitidaceae: Adenophorus periens (pendant kihi fern)
    Kauai F, G, K, L, P, and R, identified in the legal descriptions in 
paragraph (a)(1)(i)(A) of this section, constitute critical habitat for 
Adenophorus periens on Kauai. Within these units, the currently known 
primary constituent elements of critical habitat are habitat components 
that provide: (1) Well-developed, closed canopy that provides deep 
shade or high humidity (a) in Metrosideros polymorpha-Cibotium glaucum 
lowland wet forests, open Metrosideros polymorpha montane wet forest, 
or Metrosideros polymorpha-Dicranopteris linearis lowland wet forest, 
and (b) containing one or more of the following native plant species: 
Athyrium sandwicensis, Broussaisia sp., Cheirodendron trigynum, Cyanea 
sp., Cyrtandra sp., Dicranopteris linearis, Freycinetia arborea, 
Hedyotis terminalis, Labordia hirtella, Machaerina angustifolia, 
Psychotria sp., Psychotria hexandra, or Syzygium sandwicensis; and (2) 
elevations between 400 and 1,265 m (1,310 and 4,150 ft).
* * * * *

    Dated: November 30, 2000.
Kenneth L. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-31080 Filed 12-26-00; 8:45 am]
BILLING CODE 4310-55-P