[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Proposed Rules]
[Pages 83158-83216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31079]



[[Page 83157]]

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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; Determinations of 
Whether Designation of Critical Habitat Is Prudent for 20 Plant Species 
and the Proposed Designations of Critical Habitat for 32 Plant Species 
From the Island of Molokai, Hawaii; Proposed Rule

  Federal Register / Vol. 65 , No. 251 / Friday, December 29, 2000 / 
Proposed Rules  

[[Page 83158]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH08


Endangered and Threatened Wildlife and Plants; Determinations of 
Whether Designation of Critical Habitat Is Prudent for 20 Plant Species 
and the Proposed Designations of Critical Habitat for 32 Plant Species 
From the Island of Molokai, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of determinations of whether 
designation of critical habitat is prudent.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
reconsidered our findings concerning whether designating critical 
habitat for 20 federally protected plants from the island of Molokai, 
some of which may also occur on other Hawaiian Islands, would be 
prudent. The 20 plants were listed as endangered or threatened species 
under the Endangered Species Act of 1973, as amended (Act), between 
1991 and 1999. At the time each plant was 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.
    We determine that critical habitat is prudent for 19 of these 
species (Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, 
Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea mannii, 
Cyanea procera, Hibiscus arnottianus ssp. immaculatus, Lysimachia 
maxima, Mariscus fauriei, Marsilea villosa, Melicope reflexa, 
Phyllostegia mannii, Schiedea lydgatei, Schiedea sarmentosa, Silene 
alexandri, Silene lanceolata, Stenogyne bifida, and Tetramolopium 
rockii) because the potential benefits of designating critical habitat 
essential for the conservation of these species outweigh the risks that 
may result from human activity because of critical habitat designation. 
We propose that critical habitat designation is not prudent for one 
species, Pritchardia munroi, because it would likely increase the 
threat from vandalism or collection of this species on Molokai. This 
proposed rule also proposes designation of critical habitat for 17 of 
these 20 species. Critical habitat is not proposed for two species, 
Lysimachia maxima and Phyllostegia mannii, that are currently found 
only in areas on Molokai that do not require special management 
consideration or protection because they are already protected and 
managed to the benefit of these species. Thus, these areas do not meet 
the definition of critical habitat.
    For one additional species from Molokai, Labordia triflora, we 
determined that designation of critical habitat was prudent at the time 
of its listing as an endangered species in 1999. Critical habitat 
designation for this species is proposed at this time.
    In other proposed rules we determined that critical habitat was 
prudent for 19 species that occur on Molokai as well as on Kauai, 
Niihau, Maui, Kahoolawe, and/or Lanai. The determinations were included 
in proposed rules for Kauai and Niihau, published on November 7, 2000, 
for Maui and Kahoolawe, published on December 18, 2000, or for Lanai, 
published on December 27, 2000. These species are: Adenophorous 
periens, Alectryon macrococcus, Centarium sebaeoides, Ctenitis 
squamigera, Cyanea grimesiana ssp. grimesiana, Diellia erecta, Hedyotis 
mannii, Hesperomannia arborescens, Ischaemum byrone, Melicope 
mucronulata, Neraudia sericea, Peucedanum sandwicense, Plantago 
princeps, Platanthera holochila, Schiedea nuttallii, Sesbania 
tomentosa, Spermolepis hawaiiensis, Vigna o-wahuensis, and Zanthoxylum 
hawaiiense. Critical habitat designations for 14 of the 19 species on 
Molokai are proposed at this time. Critical habitat is not proposed for 
five of these species (Adenophorus periens, Hedyotis mannii, Plantago 
princeps, Plantanthera holochila, and Schiedea nuttallii) that 
currently are found in areas on Molokai that do not require special 
management or protection because they are already protected and managed 
to the benefit of these species. Thus, these areas do not meet the 
definition of critical habitat.
    Critical habitat designations for 32 species within 28 critical 
habitat units on the Hawaiian island of Molokai are proposed at this 
time.
    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 
27, 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, HI 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-AH08'' 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 out 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, HI.
    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, the U.S. Fish and Wildlife Service (Service), have reconsidered 
our findings concerning whether designating critical habitat for 20 
federally protected plants from the island of Molokai is prudent. 
Currently, 15 of these species (Bidens wiebkei, Canavalia molokaiensis, 
Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea mannii, 
Cyanea procera, Hibiscus arnottianus ssp. immaculatus, Lysimachia 
maxima, Melicope reflexa, Pritchardia munroi, Schiedea lydgatei, 
Schiedea sarmentosa, Silene alexandri, Stenogyne bifida, and 
Tetramolopium rockii) are endemic to the island of Molokai while three 
species (Mariscus fauriei, Marsilea villosa, and Silene lanceolata) are 
known from Molokai as well as one or more other islands. One species, 
Brighamia rockii, was known from Lanai, Maui, and Molokai but currently 
is extant only on Molokai. Another species, Phyllostegia mannii, was

[[Page 83159]]

known from Maui and Molokai but currently is extant only on Molokai 
(Table 1).
    Prudency determinations for 19 other species (Adenophorous periens, 
Alectryon macrococcus, Centarium sebaeoides, Ctenitis squamigera, 
Cyanea grimesiana ssp. grimesiana, Diellia erecta, Hedyotis mannii, 
Hesperomannia arborescens, Ischaemum byrone, Melicope mucronulata, 
Neraudia sericea, Peucedanum sandwicense, Plantago princeps, 
Platanthera holochila, Schiedea nuttallii, Sesbania tomentosa, 
Spermolepis hawaiiensis, Vigna o-wahuensis, and Zanthoxylum hawaiiense) 
which also occur on the islands of Kauai, Maui and/or Lanai were 
published in proposed rules on November 7, 2000 (Kauai and Niihau, 65 
FR 66808), on December 18, 2000 (Maui and Kahoolawe, 65 FR 79192), or 
on December 27, 2000 (Lanai). Critical habitat designations for 14 of 
these 19 species on Molokai are proposed at this time. Critical habitat 
is not proposed for five species (Adenophorous periens, Hedyotis 
mannii, Plantago princeps, Platanthera holochila, and Schiedea 
nuttallii) that currently are found only in areas on Molokai that are 
protected and managed for the benefit of these species.
    In addition, for one species in this proposed rule, Labordia 
triflora, we determined that designation of critical habitat was 
prudent at the time of its listing as an endangered species in 1999. 
Critical habitat designation for this species on Molokai is proposed at 
this time.

                        Table 1.--Summary of Island Distribution of 49 Species on Molokai
----------------------------------------------------------------------------------------------------------------
                                                              Island Distribution
                             -----------------------------------------------------------------------------------
           Species                                                                                 N.W. Isles,
                                Kauai       Oahu     Molokai     Lanai       Maui      Hawaii   Kahoolawe Niihau
----------------------------------------------------------------------------------------------------------------
Adenophorus periens (pendant          C         H           C         R          R           C  ................
 kihi fern).
Alectryon macrococcus                 C          C          C  .........          C  .........  ................
 (mahoe).
Bidens wiebkei (ko oko olau)  .........  .........          C  .........  .........  .........  ................
Bonamia menziesii (No common          C          C         H           C          C          C  ................
 name).
Brighamia rockii (pua ala)..  .........  .........          C         H          H   .........  ................
Canavalia molokaiensis        .........  .........          C  .........  .........  .........  ................
 (awikiwiki).
Centaurium sebaeoides                 C          C          C          C          C  .........  ................
 (awiwi).
Clermontia oblongifolia ssp.  .........  .........          C  .........  .........  .........  ................
 brevipes (oha wai).
Ctenitis squamigera (pauoa).         H           C          C          C          C         H   ................
Cyanea dunbarii (haha)......  .........  .........          C  .........  .........  .........  ................
Cyanea grimesiana ssp.        .........          C          C          C          C  .........  ................
 grimesiana (haha).
Cyanea mannii (haha)........  .........  .........          C  .........  .........  .........  ................
Cyanea procera (haha).......  .........  .........          C  .........  .........  .........  ................
Cyperus trachysanthos (pu             C          C         H          H   .........  .........  Ni (C)
 ukaa).
Diellia erecta (No common            H          H           C         H           C          C  ................
 name).
Eugenia Koolauensis (nioi)..  .........          C         H   .........  .........  .........  ................
Flueggea neowawraea                   C          C         H   .........          C          C  ................
 (mehamehame).
Hedyotis mannii (pilo)......  .........  .........          C          C          C  .........  ................
Hesperomannia arborescens     .........          C          C         H           C  .........  ................
 (No common name).
Hibiscus arnottianus ssp.     .........  .........          C  .........  .........  .........  ................
 immaculatus (kokio ke okeo).
Hibiscus brackenridgei (mao          H           C         H           C          C          C  Ka (R)
 hau hele).
Ischaemum byrone (Hilo               R          H           C  .........          C          C  ................
 ischaemum).
Isodendrion pyrifolium        .........         H          H          H          H           C  Ni (H)
 (wahine noho kula).
Labordia triflora             .........  .........          C  .........  .........  .........  ................
 (Kamakahala).
Lysimachia maxima (No common  .........  .........          C  .........  .........  .........  ................
 name).
Mariscus faurei (No common    .........  .........          C         H   .........          C  ................
 name).
Marsilea villosa (ini ihi)..  .........          C          C  .........  .........  .........  Ni (H)
Melicope mucronulata (alani)  .........  .........          C  .........          C  .........  ................
Melicope reflexa (alani)....  .........  .........          C  .........  .........  .........  ................
Neraudia sericea (No common   .........  .........          C         H           C  .........  Ka (H)
 name).
Peucedanum sandwicense                C          C          C  .........          C  .........  ................
 (makou).
Phyllostegia mannii (No       .........  .........          C  .........         H   .........  ................
 common name).
Phyllostegia mollis (No       .........          C         H   .........          C  .........  ................
 common name).
Plantago princeps (ale).....          C          C          C  .........          C         H   ................
Platanthera holochila (No             C         H           C  .........          C  .........  ................
 common name).
Pritchardia munroi (loulu)..  .........  .........          C  .........  .........  .........  ................
Pteris lidgatei (No common    .........          C         H   .........          C  .........  ................
 name).
Schiedea lydgatei (No common  .........  .........          C  .........  .........  .........  ................
 name).
Schiedea nuttallii (No                C          C          C  .........         R   .........  ................
 common name).
Schiedea sarmentosa (No       .........  .........          C  .........  .........  .........  ................
 common name).
Sesbania tomentosa (ohai)...          C          C          C         H           C          C  Ni (H), Ka (C),
                                                                                                 NW Isles (C)
Silena alexandri (No common   .........  .........          C  .........  .........  .........  ................
 name).
Silene lanceolata (No common         H           C          C         H   .........          C  ................
 name).
Solanum incompletum (popolo          H   .........         H          H          H           C  ................
 ku mai).
Spermolepis hawaiiensis (No           C          C          C          C          C          C  ................
 common name).
Stenogyne bifida (No common   .........  .........          C  .........  .........  .........  ................
 name).
Tetramolopium rockii (No      .........  .........          C  .........  .........  .........  ................
 common name).
Vigna o-wahuensis (No common  .........         H           C          C          C          C  Ni (H), Ka (C)
 name).
Zanthoxylum hawaiiense (a e)          C  .........          C         H           C          C  ................

[[Page 83160]]

 
----------------------------------------------------------------------------------------------------------------
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 nine species are known on Molokai only from 
historical records (pre-1970) or from undocumented observations. 
Prudency determinations and proposed critical habitat designations or 
non-designations for these species which still occur on other islands 
are/will be included in the proposed rules for the islands on which 
they currently occur (Table 2).
    The 40 plants at issue in this proposed rule were listed as 
endangered or threatened species under the Endangered Species Act of 
1973, as amended (Act), between 1991 and 1999. At the time 39 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 are not 
prudent determinations, along with 206 others, were challenged in 
Conservation Council for Hawaii v. Babbitt. 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 39 of these species (2 F. Supp. 2d 1280). 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 (24 F. Supp. 2d 1074).

  Table 2.--List of Proposed Rules in Which Prudency Determinations and
   Critical Habitat Designations Will Be Made for Nine Species That No
                         Longer Occur on Molokai
------------------------------------------------------------------------
                                                      Proposed rules in
                                Proposed rule in       which critical
           Species             which prudency will  habitat designations
                                  be determined       will be proposed
------------------------------------------------------------------------
Bonamia menziesii...........  Kauai and Niihau (65  Kauai and Niihau (65
                               FR 66808).            FR 66808); Maui and
                                                     Kahoolawe (65 FR
                                                     79192); Lanai;
                                                     Hawaii; Oahu.
Cyperus trachysanthos.......  Kauai and Niihau (65  Kauai and Niihau (65
                               FR 66808).            FR 66808); Oahu.
Eugenia koolauensis.........  Oahu................  Oahu.
Flueggea neowawraea.........  Kauai and Niihau (65  Kauai and Niihau (65
                               FR 66808).            FR 66808); Maui and
                                                     Kahoolawe (65 FR
                                                     79192); Hawaii;
                                                     Oahu.
Hibiscus brackenridgei......  Maui and Kahoolawe    Maui and Kahoolawe
                               (65 FR 79192).        (65 FR 79192);
                                                     Lanai; Hawaii;
                                                     Oahu.
Isodendrion pyrifolium......  Hawaii..............  Hawaii.
Phyllostegia mollis.........  Maui and Kahoolawe    Maui and Kahoolawe
                               (65 FR 79192).        (65 FR 79192);
                                                     Oahu.
Pteris lidgatei.............  Oahu................  Oahu.
Solanum incompletum.........  Hawaii..............  Hawaii.
------------------------------------------------------------------------

    We determined that designation of critical habitat was prudent for 
Labordia triflora at the time it was listed and stated in the final 
listing rule that we would develop a critical habitat designation for 
this taxon, along with nine 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. 99-00283 HG (D. Haw. Aug. 19, 
1999, Feb. 16, 2000, and March 28, 2000), the United States District 
Court for the District of Hawaii ordered us to publish proposed 
critical habitat designations for these ten Maui Nui species by 
November 30, 2000, and to publish final critical habitat designations 
by November 30, 2001. This prudency determination and proposed rule 
designating critical habitat for 32 plants from the island of Molokai 
respond to these court orders.
    We propose that critical habitat is prudent for 19 species (Bidens 
wiebkei, Brighamia rockii, Canavalia molokaiensis, Clermontia 
oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea mannii, Cyanea 
procera, Hibiscus arnottianus ssp. immaculatus, Lysimachia maxima, 
Mariscus fauriei, Marsilea villosa, Melicope reflexa, Phyllostegia 
mannii, Schiedea lydgatei, Schiedea sarmentosa, Silene alexandri, 
Silene lanceolata, Stenogyne bifida, Tetramolopium rockii) because the 
potential benefits of designating critical habitat essential for the 
conservation of these species outweigh the risks of designation as a 
result of human activity. We propose that critical habitat designation 
is not prudent for one species, Pritchardia munroi, because it would 
likely increase the threat from vandalism or collection of this species 
on Molokai.
    Critical habitat is proposed for designation within 28 critical 
habitat units on the island of Molokai. The land area within these 
units totals 6,165 hectares (ha) (15,230 acres (ac)). If this proposal 
is made final, section 7 of the Act 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 Molokai

    The island of Molokai, the fifth largest in the Hawaiian Islands 
chain, is approximately 61 kilometers (km) (38 miles (mi)) long, up to 
17 km (10 mi) wide, and encompasses an area of about 688 sq km (266 sq 
mi) (57 FR 46325). Three shield volcanoes make up most of the land mass 
of Molokai: West Molokai Mountain, East Molokai Mountain, and a volcano 
that formed Kalaupapa Peninsula (57 FR 46325).
    The taller and larger East Molokai Mountain rises 1,813 meters (m) 
(4,970 feet (ft)) above sea level and comprises roughly 50 percent of 
the island's area (57 FR 46325). Topographically, the windward side of 
East Molokai differs from the leeward side. Precipitous cliffs line the 
northern windward coast and deep inaccessible valleys dissect the 
coastal area. The annual rainfall on the windward side is 200 to over 
375 centimeters (cm) (75 to over 150 inches (in)), distributed 
throughout the year. The soils are poorly drained and high in organic 
matter. The gulches and valleys are usually very steep, but sometimes 
gently sloping (57 FR 46325). Much of the native vegetation on the 
northern

[[Page 83161]]

part of East Molokai is intact because of its relative inaccessibility 
to humans and animals, although destructive ungulates have begun to 
enter the coastline in recent years (57 FR 46325).

Discussion of the Plant Taxa

Species Endemic to Molokai

Bidens wiebkei (ko oko olau)

    Bidens wiebkei, a member of the aster family (Asteraceae), is a 
short-lived perennial herb which is somewhat woody at the base and 
grows from 0.5 to 1 m (1.6 to 3.3 ft) tall with opposite, pinnately 
compound leaves. This plant is distinguished from other Bidens species 
which grow on Molokai by its erect habit and the curved or twisted, 
winged achenes (57 FR 46325; Ganders and Nagata 1999).
    This species was observed in flower during May (Hawaii Natural 
Heritage Program (HINHP) database 2000). No additional life history 
information is currently available (United States Fish and Wildlife 
Service (USFWS) 1996a).
    Historically Bidens wiebkei was known from Pelekunu and the 
easternmost section of Molokai at Halawa (HINHP Database 2000). It is 
found currently in Halawaiki Gulch, Lamaloa Gulch, and below Puu 
Kolekole on State and privately owned lands (Geographic Decision 
Systems International (GDSI) 2000; HINHP Database 2000). There are a 
total of three populations containing more than 200 individuals (HINHP 
Database 2000).
    The currently known populations of Bidens wiebkei are scattered 
along steep, exposed slopes in Metrosideros polymorpha (ohia) dominated 
mesic shrublands and dry or mesic Metrosideros polymorpha-Styphelia 
tameiameiae (pukiawe) lowland shrubland between 250 and 1,050 m (820 to 
3,450 ft) in elevation, extending over a distance of 4 by 1.6 km (2.5 
by 1 mi) (Gagne and Cuddihy 1999; HINHP Database 2000; Ganders and 
Nagata 1999). Other associated plant species include Antidesma sp. 
(hame), Dodonea viscosa (aalii), Canthium odoratum (alahee), Lysimachia 
sp. (kolokolo kuahiwi), Nestegis sandwicensis (olopua), Phyllanthus 
sandwicensis (pamakani-mahu), Pisonia sp. (papala kepau), and Scaevola 
gaudichaudii (naupaka kuahiwi) (HINHP Database 2000).
    The major threats to Bidens wiebkei on Molokai, include habitat 
degradation and possible predation by deer (Axis axis) and feral goats 
(Capra hircus); competition with non-native plants, such as Melinus 
minutiflora (molasses grass) and Schinus terebinthifolius (Christmas 
berry); fire; and damage by humans of those plants found along trails 
(HINHP Database 2000; 57 FR 46325).

Canavalia molokaiensis (awikiwiki)

    Canavalia molokaiensis, a member of the legume family (Fabaceae), 
is a short-lived perennial climbing herb with twining branches with 
leaves made up of three lance-shaped or sometimes oval leaflets. The 
only species of this genus found on Molokai, this plant can be 
distinguished from others in the genus by its narrower leaflets and its 
larger, rose-purple flowers (57 FR 46325; Wagner and Herbst 1999).
    This species has been observed in flower during May and December 
(HINHP Database 2000). Fruits and flowers were observed in March (HINHP 
Database 2000). No additional life history information is currently 
available (USFWS 1996a).
    Historically, Canavalia molokaiensis was known from East Molokai at 
Kalaupapa, Pelekunu, and farther south in Kahuaawi Gulch, and the 
region of Manawai (HINHP Database 2000). It now has a more restricted 
range, from Kalaupapa to Waialeia, Kaunakakai, Pelekunu, and Kamakou 
(HINHP Database 2000). There are a total of seven populations 
containing more than 50 plants on State lands, including lands managed 
by the National Park Service at Kalaupapa National Historical Park, and 
privately owned lands (GDSI 2000; HINHP Database 2000).
    Canavalia molokaiensis typically grows in exposed sites, both dry 
and mesic, on steep slopes in Metrosideros polymorpha-Dodonea viscosa 
lowland shrubland and mesic shrublands between 10 and 900 m (30 to 
3,060 ft) in elevation (HINHP Database 2000). Associated plant species 
include Artemesia sp. (hinahina), Chamaesyce sp. (akoko), Coprosma sp. 
(pilo), Styphelia tameiameiae, and Wikstroemia sp. (akia) (HINHP 
Database 2000).
    The threats to this species on Molokai include habitat degradation 
by feral ungulates such as goats and pigs (Sus scrofa), possible 
predation by feral goats, and competition with non-native plants, such 
as Melinis minutiflora (USFWS 1996a).

Clermonita oblongifolia ssp. brevipes (oha wai)

    Clermontia oblongifolia ssp. brevipes, a member of the bellflower 
family (Campanulaceae), is a short-lived perennial shrub or tree which 
reaches a height of 2 to 7 m (6.6 to 23 ft). This species is 
distinguished from others in the genus by the structure of its calyx 
and corolla as well as by the lengths of the flower, the floral lobes, 
and the green hypanthium. This subspecies differs from others of the 
species by the shape and length of its leaves, leaf stalks, and flower 
stalks (Lammers 1988, 1999).
    No life history information for this species is currently available 
(USFWS 1996a).
    Clermontia oblongifolia ssp. brevipes is known from a single 
population of five individuals on the privately owned land of the 
Nature Conservancy of Hawaii's (TNCH) Kamakou Preserve (HINHP Database 
2000; USFWS 1996a; Joel Lau, HINHP, in litt. 2000). The historical 
range of this subspecies is not known (USFWS 1996a).
    Clermontia oblongifolia ssp. brevipes occurs in shallow soil on 
gulch slopes in the wet Metrosideros polymorpha-dominated forest at an 
elevation between 1,100 and 1,200 m (3,500 and 4,320 ft) (HINHP 
Database 2000; J. Lau, in litt. 2000). Associated plant species include 
Cheirodendron trigynum (olapa), Cibotium spp. (hapuu), Broussaisia 
argutus (kanawao), Hedyotis terminalis (manono), and Melicope sp. 
(alani) (J. Lau, in litt. 2000).
    The threats to this species on Molokai are habitat degradation by 
feral pigs; possible predation on the fruit or plant parts by rats 
(Rattus rattus), as evidence on related species suggests (USFWS 1996a; 
57 FR 46325); and random naturally occurring events that may cause the 
extinction of the entire taxon due to its single population and very 
low number of individuals.

Cyanea dunbarii (haha)

    Cyanea dunbarii, a member of the bellflower family (Campanulaceae), 
is a short-lived perennial, branched shrub 1.5 to 2 m (4.9 to 6.6 ft) 
tall with oval to broadly elliptic leaves that have irregularly lobed 
or cleft margins. This species is distinguished from others in this 
endemic Hawaiian genus by the lack of prickles on the stems and the 
irregularly lobed and cleft leaf margins (Lammers 1999).
    Cyanea dunbarii was observed in flower, with immature fruit, in 
September (HINHP Database 2000). No additional life history information 
is currently available (USFWS 1998a).
    Cyanea dunbarii was collected in 1918 at Waihanau and Waialae 
Valleys, and was not observed again until 1992, when Joel Lau of the 
Hawaii Natural Heritage Program found it in Mokomoko Gulch on State 
owned land within Molokai Forest Reserve (GDSI 2000; HINHP Database 
2000; 61 FR 53130; Ken Wood, National Tropical Botanical Garden (NTBG), 
in litt. 2000). Currently, it is known from a single population of

[[Page 83162]]

approximately 30 mature plants at an elevation of 671 m (2,200 ft) 
(HINHP Database 2000; K. Wood, in litt. 2000).
    Cyanea dunbarii occurs on a streambank in a mesic to wet 
Dicranopteris linearis (uluhe)-Metrosideros polymorpha lowland forest 
on moderate to steep slopes (HINHP Database 2000). Associated species 
include Diplazium sandwicianum (hoio), Charpentiera obovata (papala), 
Perrottetia sandwicensis (olomea), Pipturus albidus (mamaki), 
Clermontia kakeana (ohawai), Cheirodendron trigynum, and Freycinetia 
arborea (ieie) (USFWS 1998a).
    The major threats to this single population of Cyanea dunbarii on 
Molokai are competition with the non-native plants Buddleia asiatica 
(butterfly bush), Erigeron karvinskianus (daisy fleabane), Rubus 
rosifolius (thimbleberry), Commelina diffusa (honohono), Hedychium 
gardnerianum (ginger), and Kalanchoe pinnata (air plant); and 
catastrophic extinction by naturally occurring events such as 
landslides or flooding, and/or reduced reproductive vigor due to the 
small number of individuals in the only known population. In addition, 
predation by rats is a potential threat since rats are known to be in 
the area and are known to eat stems and fruits of other species of 
Cyanea; habitat degradation and predation by axis deer and pigs are 
other potential threats to this species, because both of these species 
are known to occur in areas adjacent to the only known population 
(USFWS 1998a; Cuddihy and Stone 1990).

Cyanea mannii (haha)

    Cyanea mannii, a member of the bellflower family (Campanulaceae), 
is a branched short-lived perennial shrub 1.5 to 3 m (5 to 10 ft) tall 
with narrowly elliptic or lance-shaped leaves. This species is 
distinguished from the seven other species of the genus on Molokai by a 
combination of the following characters: a branched, woody habit; 
leaves with small, hardened, marginal teeth; and a purplish corolla 
(Lammers 1999; 57 FR 46325).
    Cyanea mannii has been observed in flower during July (HINHP 
Database 2000). No additional life history information is currently 
available (USFWS 1996a).
    Historically, Cyanea mannii was known only from Kalae on East 
Molokai (HINHP Database 2000). In 1984, a single plant was discovered 
by Joan Aidem on privately owned land west of Puu Kolekole on East 
Molokai (HINHP Database 2000; Lammers 1999; USFWS 1996a). Since then, 
eight additional populations have been discovered in the east and west 
forks of Kawela Gulch on the privately owned land of TNCH's Kamakou 
Preserve on East Molokai and within the State's Molokai Forest Reserve 
(K. Wood, in litt. 2000; HINHP Database 2000). These nine populations 
contain approximately 200 individuals on State and privately owned 
lands (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 2000).
    This species typically grows on the sides of deep gulches in 
Metrosideros polymorpha dominated montane mesic forest at elevations 
between 559 and 1,220 m (1,900 to 4,000 ft) (HINHP Database 2000; 
Lammers 1999; USFWS 1996a). Associated plant species include 
Wiskstroemia sp., Dicranopteris linearis, and Vaccinium sp. (ohelo) 
(USFWS 1996a).
    Threats to Cyanea mannii on Molokai are habitat degradation by 
feral pigs; predation by rats who may feed on the fruit or other parts 
of the plant, as suggested by evidence from related species; 
catastrophic extinction through naturally occurring events that this 
species is vulnerable to due to its few populations and small number of 
individuals (USFWS 1996a).

Cyanea procera (haha)

    Cyanea procera, a member of the bellflower family (Campanulaceae), 
is a palm-like short-lived perennial tree 3 to 9 m (10 to 30 ft) tall 
with stalkless, lance-shaped leaves 60 to 75 cm (24 to 30 in) long and 
10 to 17 cm (3.9 to 6.7 in) wide with tiny hardened teeth along the 
margins. This species can be distinguished from other species of the 
genus by its growth habit, its sessile leaves, and the single-lipped 
appearance of the corolla (Lammers 1999; 57 FR 46325).
    No life history information is currently available for this species 
(USFWS 1996a).
    Historically, Cyanea procera was known only from an unspecified 
site in the Kamalo region of East Molokai (HINHP Database 2000). 
Currently, this species is found on the privately owned lands of 
Kamakou Preserve and the State's Puu Alii Natural Area Reserve (NAR) in 
a total of five populations containing at least 10 individuals (GDSI 
2000; HINHP Database 2000).
    Cyanea procera is found on the walls of steep gulches in wet 
Metrosideros polymorpha dominated lowland mixed forest between 935 and 
1,073 m (3,180 to 3,650 ft) elevation (HINHP Database 2000). Associated 
plant species include various species of Asplenium, Brousaissia arguta, 
Coprosma ochracea (pilo), Cyanea spp. (haha), Cyrtandra macrocalyx 
(haiwale), Dicranopteris linearis, Pipturus albidus, Pisonia spp., 
Scaevola procera (naupaka kuahiwi), and Touchardia latifolia (olona) 
(USFWS 1996a).
    Threats to Cyanea procera on Molokai are predation by feral rats 
(as suggested by evidence on related species) and goats; habitat 
degradation by feral goats and pigs; habitat destruction through 
erosion; catastrophic extinction from naturally occurring events due to 
the vulnerability of a few populations with a small number of 
individuals (57 FR 46325).

Hibiscus arnottianus ssp. immaculatus (kokio ke okeo)

    Hibiscus arnottianus ssp. immaculatus, a member of the hibiscus 
family (Malvaceae), is a long-lived perennial tree up to 3 m (10 ft) 
tall with alternate, oval, toothed leaves measuring 5 to 7 cm (2 to 2.8 
in) long and 4 to 6.5 cm (1.6 to 2.6 in) wide. This subspecies is 
distinguished from other native Hawaiian members of the genus by its 
white petals and white staminal column (Bates 1999; 57 FR 46325).
    This taxon was observed in flower during July (HINHP Database 
2000). Currently, no additional life history information is available 
for this species (USFWS 1996a).
    Hibiscus arnottianus ssp. immaculatus once ranged from Waihanau 
Valley east to Papalaua Valley on East Molokai (HINHP Database 2000). 
Currently this taxon is found only west of Papalaua Valley on privately 
owned land and in the State's Olokui NAR above Waiehu (GDSI 2000; HINHP 
Database 2000). There are a total of two populations containing between 
20 and 30 individuals (HINHP Database 2000).
    Hibiscus arnottianus ssp. immaculatus individuals are scattered 
along steep sea cliffs in mesic forests between 15 and 480 m (50 and 
1,600 ft) in elevation (Bates 1999; HINHP Database 2000). Associated 
native plant species include Athyrium spp. (akolea), Canthium odoratum, 
Cyanea grimesiana (haha), Antidesma platyphyllum (hame), Boehmeria 
grandis (akolea), Diospyros sandwicensis (lama), Pipturis spp. 
(mamaki), Urera glabra (opuhe), and Metrosideros polymorpha (HINHP 
Database 2000).
    The major threats to Hibiscus arnottianus spp. immaculatus on 
Molokai are habitat destruction by feral goats and catastrophic 
extinction by naturally occurring events due to the vulnerability of 
the two remaining populations and few individuals (USFWS 1996a).

[[Page 83163]]

Labordia triflora (kamakahala)
    Labordia triflora, a short-lived perennial member of the logan 
family (Loganiaceae), is very similar to Labordia tinifolia var. 
lanaiensis, except in the following characteristics: the stems of L. 
triflora are climbing; the leaf stalks are only 1 to 3 millimeters (mm) 
(0.04 to 0.1 in.) long; inflorescence stalks are 40 to 50 mm (1.6 to 2 
in.) long; and, each flower stalk is 10 to 25 mm (0.4 to 1 in.) long 
(Motley 1995).
    The flowers of this species are functionally unisexual (Motley 
1995; HINHP Database 2000). No additional life history information is 
available at this time.
    Until 1990, Labordia triflora was known only from the type 
collection at Mapulehu, on the island of Molokai (Motley 1995) and was 
believed to be extinct. In 1990, Joel Lau rediscovered the species in 
Kua Gulch on Molokai (HINHP Database 2000; Motley 1995). Currently, 
only 10 individuals are known from privately owned land (GDSI 2000; 
HINHP Database 2000).
    This species occurs in mixed lowland mesic forest, at an elevation 
of ca. 800 m (2,600 ft). Associated species include Pouteria 
sandwicensis (alaa), the federally endangered Cyanea mannii (haha), and 
Tetraplasandra spp. (ohe ohe) (Motley 1995).
    The threats to Labordia triflora include habitat degradation and 
destruction by feral pigs and goats; predation by rats that eat seeds; 
competition with the non-native plant species Schinus terebinthifolius 
(Motley 1995); catastrophic extinction through environmental events and 
reduced reproductive vigor due to the species' few populations and 
small number of individuals (64 FR 48307).
Lysimachia maxima (no common name)
    Lysimachia maxima, a member of the primrose family (Primulaceae), 
is a sprawling short-lived perennial shrub with reddish brown bark. 
This species is differentiated from others in this genus by the leaves 
borne in groups of three, the broadest portion of the leaf above the 
middle, and rusty hairs that disappear with maturity (Wagner et al. 
1999).
    Flowers, buds and immature fruit of Lysimachia maxima have been 
observed in late May through July (USFWS 1998a). No other life history 
information is available for this species (61 FR 53130).
    Lysimachia maxima is only known from a single population containing 
between 45 and 50 individuals on the rim of Pelekunu Valley near 
Ohialele, on the privately owned land of TNCH's Pelekunu Preserve (GDSI 
2000; HINHP Database 2000).
    This species occurs in Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest at an elevation of 975 m (3,200 ft). 
Associated species include Psychotria sp. (kopiko), Vaccinium sp., 
Hedyotis sp. (No common name), Dubautia sp. (na ena e), and Ilex 
anomala (aiae) (HINHP Database 2000).
    The major threats to Lysimachia maxima are catastrophic extinction 
from random environmental events (e.g., landslides); reduced 
reproductive vigor due to the small number of individuals in the only 
known population (USFWS 1998a); habitat degradation and/or predation by 
feral pigs and goats that are known from adjacent areas (USFWS 1998a).
Melicope reflexa (alani)
    Melicope reflexa, a long-lived perennial of the citrus family 
(Rutaceae), is a sprawling shrub 1 to 3 m (3.3 to 10 ft) tall with 
short, yellowish-brown, short-lived hairs on new growth. Opposite 
leaves with leaf stalks usually over 1 cm (0.4 in) long, larger leaves 
and fruit, and partially fused sections of capsule separate it from 
other species of the genus (Stone et al. 1999).
    Currently, no life history information is available for this 
species (USFWS 1996a).
    Historically, Melicope reflexa occurred from a ridge between 
Hanalilolilo and Pepeopae in Kamakou Preserve to as far east as Halawa 
on East Molokai (HINHP Database 2000). The three remaining populations 
of fewer than a total of 1,000 individuals are on State and private 
lands in Honomuni, the Wailau-Mapulehu summit area, and Kukuinui Ridge 
in Wailau Valley (GDSI 2000; HINHP Database 2000).
    Melicope reflexa typically grows in wet Metrosideros polymorpha 
dominated forest with native trees such as Cheirodendron sp. (olapa) at 
elevations between 760 and 1,190 m (2,490 and 3,900 ft) (Stone et al. 
1999).
    Major threats to Melicope reflexa include habitat degradation and 
predation by ungulates (axis deer and feral pigs); competition with the 
non-native plant Clidemia hirta (Koster's curse); catastrophic 
extinction from environmental events due to species' few populations 
and small number of individuals (57 FR 46325; USFWS 1996a).

Pritchardia munroi (loulu)

    Pritchardia munroi, a member of the palm family (Arecaceae), is a 
perennial tree about 4 to 5 m (13 to 16 ft) tall. The leaves and 
petioles have scattered, mostly deciduous scales and hairs, somewhat 
larger on the lower leaf ribs. The leaves are deeply divided into 
segments which have long, drooping tips. Numerous bisexual or 
functionally male flowers are arranged in clusters on hairy, branching 
stalks which originate at the leaf bases. The mature fruit is shiny, 
black, and nearly spherical. This species is distinguished from others 
of the genus by its relatively smooth leaves; the grayish-brown hair on 
the inflorescence stalks, which are shorter than the petioles; and the 
small size of the fruits (Read and Hodel 1999).
    Currently, no life history information is available for this 
species (USFWS 1996a).
    Historically and currently Pritchardia munroi is found in leeward 
East Molokai, above Kamalo, near Kapuaokoolau Gulch (HINHP Database 
2000, Read and Hodel 1999). The only known wild individual is found on 
privately owned land (HINHP Database 2000).
    The only known wild individual grows near the base of a small 
ravine in remnant dry to mesic forest at an elevation of about 610 m 
(2,000 ft) (Read and Hodel 1999). Associated plant species include 
Dodonaea viscosa, Metrosideros polymorpha, Styphelia tameiameiae, and 
Pleomele aurea (hala pepe) (HINHP Database 2000).
    Threats to the only known wild individual of Pritchardia munroi 
include habitat degradation by ungulates (axis deer, goats, and pigs) 
around its fenced exclosure prevent the establishment of seedlings; 
predation of seeds by rats; catastrophic extinction by random 
environmental events (e.g., fire) due to its extreme rarity (57 FR 
46325; USFWS 1996a).

Schiedea lydgatei (no common name)

    Schiedea lydgatei, a member of the pink family (Caryophyllaceae), 
is a low, hairless perennial plant with branched stems 10 to 40 cm (4 
to 16 in) long which are woody at the base. The opposite, three-veined 
leaves are elliptic. Bisexual flowers are arranged in loosely spreading 
clusters. The capsules open when mature to reveal dark reddish-brown 
seeds. The opposite, thin, three-veined leaves with petioles and the 
smooth, open flower clusters with relatively larger, green sepals 
separate this species from other members of this endemic Hawaiian genus 
(Wagner et al. 1999).
    This species was observed with flowers and fruit in June (HINHP 
Database 2000). Currently, no additional life history information is 
available (USFWS 1996a).

[[Page 83164]]

    Historically, Schiedea lydgatei was found in Kalae, Poholua, 
Makolelau, and Ohia Gulch on East Molokai (HINHP Database 2000). This 
species is now known from two scattered populations in a more 
restricted area in Makakupaia, Kawela, and Makolelau. The two 
populations are distributed over an area of less than 1.6 by 5.6 km (1 
by 3.5 mi), totaling fewer than 1,000 individuals on State and 
privately owned lands (HINHP Database 2000; GDSI 2000).
    This species is found along ridges in dry to mesic grassland, 
shrubland, and forest with scattered native trees. It ranges in 
elevation from about 600 to 650 m (2,000 to 2,100 ft) (HINHP Database 
2000; Wagner et al. 1999). Associated plant species include Dodonaea 
viscosa, Metrosideros polymorpha, Styphelia tameiameiae, and 
Dicranopteris linearis (Gagne and Cuddihy 1999).
    The major threats to Schiedea lydgatei are habitat degradation by 
feral ungulates; and competition with the non-native plant species 
Melinus minutiflora; and catastrophic extinction due to random 
environmental events, primarily fire, (57 FR 46325; USFWS 1996a) 
because in this species' dry, windswept habitat, a single fire 
potentially could destroy a large part of the populations.

Schiedea sarmentosa (no common name)

    Schiedea sarmentosa, a perennial herb of the pink family 
(Caryophyllaceae), is a many-branched shrub. The opposite leaves are 
slender, threadlike, and are covered with dense, gladular hairs. There 
may be as many as 40 to 60 inflorescences on one plant, often with 50 
to 100 flowers in each inflorenscence. The flowers are female on some 
plants and bisexual on others. The green sepals are egg-shaped and 
somewhat hairy. The staminodes (false stamens) are half as long as the 
sepals and two-branched at the tip. The fruits are oval capsules. This 
species differs from others in this endemic Hawaiian genus by its 
densely bushy habit, leaf width, hairiness, and staminode length 
(Wagner, et al. 1999).
    The flowers are female on some plants and bisexual on others. The 
population on Makolelau Gulch has a frequency 31 percent females. Based 
on analyses of pollen-ovule ratios, pollen size, inforescence 
structure, and comparison to other Schiedea species tested in a wind 
tunnel, Schiedea sarmentosa could be wind-pollinated. No other life 
history information for this species is available (USFWS 1998a).
    Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and 
Onini Gulch (HINHP Database 2000). Currently, only two populations are 
known to be extant. One population on the boundary of the privately 
owned land of TNCH's Kamakou Preserve and State owned land in Onini 
Gulch has approximately 30 individuals (HINHP Database 2000). The other 
population occurs on privately owned land in Makolelau, and consists of 
4 subpopulations totaling approximately 300 to 400 individuals (USFWS 
1998a; GDSI 2000). Estimates of the total number of individuals have 
ranged up to 1,000 (USFWS 1998a). An accurate count is somewhat 
difficult because this species is interspersed with Schiedea lydgatei 
(USFWS 1998a).
    Schiedea sarmentosa is typically found on steep slopes in 
Metrosideros polymorpha-Dodonaea viscosa lowland dry or mesic shrubland 
between 610 and 790 m (2,000 and 2,600 ft) elevation (HINHP Database 
2000; HPCC 2000). Associated species include Styphelia tameiameiae, 
Chenopodium oahuensis (ahe ahea), Alyxia oliviformis (maile), Pleomele 
sp. (hala pepe), Bidens menziesii (kokoolau), Carex meynii (No common 
name), Lipochaeta rockii (nehe), Nestegis sandwicensis, Nothocestrum 
latifolium (aiea), Nototrichium sandwicense (kului), Sida fallax 
(ilima), Sophora chrysophylla (mamane), and Chamaesyce sp. (HINHP 
Database 2000).
    Major threats to Schiedea sarmentosa include habitat degradation by 
feral goats and pigs, competition by the non-native plants Melinis 
minutiflora and Ricinus communis (paaila), and fire. The species is 
also threatened by a risk of extinction from naturally occurring events 
due to the low number of populations (61 FR 53130; USFWS 1998a).

Silene alexandri (no common name)

    Silene alexandri, a member of the pink family (Caryophyllaceae), is 
an erect, perennial herb, 30 to 60 cm (1 to 2 ft) tall, and woody at 
the base. The narrow, elliptic leaves are hairless except for a fringe 
along the margins. Flowers are arranged in open clusters on stalks. The 
hairless stems, flowering stalks, and sepals and the larger flowers 
with white petals separate this species from other members of the genus 
(Wagner, et al. 1999).
    Currently, no life history information is available for this 
species.
    Historically, Silene alexandri was known from Makolelau and Kamalo 
on East Molokai. Currently, one population comprising fewer than 10 
individuals remains in Makolelau on privately owned land (GDSI 2000; 
HINHP Database 2000).
    The only known population is found in remnant dry forest and 
shrubland at an elevation between 610 and 760 m (2,000 and 2,500 ft) 
(HINHP Database 2000; Wagner, et al. 1999). Associated plant species 
include Dodonaea viscosa, Metrosideros polymorpha, Styphelia 
tameiameiae, Dicranopteris linearis, Chenopodium oahuense, and Sophora 
chrysophylla (Gagne and Cuddihy 1999).
    Threats to the single population of Silene alexandri include 
habitat degradation by feral goats, predation by goats and cattle (Bos 
taurus) may possibly occur, and catastrophic extinction through random 
environmental events, of which the most serious is fire, due to the 
vulnerability of this single population (57 FR 46325; USFWS 1996a).

Stenogyne bifida (no common name)

    Stenogyne bifida, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing perennial herb, with smooth or slightly 
hairy, four-angled stems. The opposite, membranous, toothed leaves are 
oval or elliptical in shape, and are hairless except for the midribs. 
Flowers are usually arranged in groups of two to six in each of several 
whorls at the ends of the stems. The petals are fused into a nearly 
straight, yellow tube which flares into pale-brown lobes comprising an 
upper and a lower lip. The fruits are fleshy, black nutlets. The long, 
narrow calyx teeth and the deep lobe in the upper lip of the yellow 
corolla separate this species from others of the genus (Weller and 
Sakai 1999).
    Currently, no life history information is available for this 
species.
    Historically, Stenogyne bifida was known from scattered populations 
from Waianui in central Molokai to Pukoo Ridge on East Molokai (HINHP 
Database 2000). This species is now known from only four East Molokai 
populations totaling fewer than 10 individuals on Manawai-Kahananui 
Ridge along the boundary between private and State lands; on Kolo 
Ridge, at Kamoku flats; and on the eastern fork of Kawela Gulch on the 
privately owned land of TNCH's Pelekunu Preserve (GDSI 2000; HINHP 
Database 2000).
    Stenogyne bifida typically grows on steep ridges in Metrosideros 
polymorpha dominated montane mesic to wet forest with native species 
such as Cibotium sp., Hedyotis sp., Cyanea sp., Dicranopteris linearis, 
Dodonaea viscosa, Hedyotis hillebrandii (manono), Pipturus albidus, 
Psychotria sp., Styphelia tameiameiae, Vaccinium sp.,

[[Page 83165]]

Wikstroemia sp., Cheirodendron trigynum, Broussaisia arguta, and 
Pouteria sandwicensis (alaa) at elevations between 450 and 1,200 m 
(1,450 and 4,000 ft) (HINHP Database 2000; USFWS 1996a).
    The most pervasive threat to this species is habitat degradation by 
ungulates (axis deer, goats, and pigs) (57 FR 46325; USFWS 1996a).

Tetramolopium rockii (no common name)

    Tetramolopium rockii, a member of the aster family (Asteraceae), is 
a glandular, hairy, prostrate perennial shrub which forms complexly 
branching mats. The species has been divided into two varieties in the 
most recent treatment of this genus in Hawaii. Leaves of variety 
calcisabulorum have slightly inrolled edges, and are whitish due to the 
long silky hairs on their surfaces. Variety rockii has smaller, less 
hairy, flat, yellowish-green leaves. The leaves of both varieties are 
spatula-shaped with glands and smooth margins. Flower heads, arranged 
singly at the ends of flowering stalks are composed of approximately 60 
to 100 white ray florets surround 30 to 55 functionally male, yellow, 
funnel-shaped disk florets. Fruits are achenes topped with white 
bristles. This species differs from others of the genus by its growth 
habit, its hairy and glandular surfaces, its spatulate leaf shape, and 
its yellow disk florets (Lowrey 1999).
    Currently, no life history information is available for this 
species (USFWS 1996a).
    Of the two recognized varieties of Tetramolopium rockii, variety 
rockii was first discovered at Moomomi about 80 years ago and is still 
extant in that area. Tetramolopium rockii var. rockii is found in three 
areas, from Kalawao to Kahinaakalani, Keieho Point to Kaplalauoa, and 
from Moomomi to Kahinaakalani (HINHP Database 2000). Variety 
calcisabulorum is only reported from Keieho Point to Kaplalauoa 
intergrading with variety rockii where their ranges overlap (HINHP 
Database 2000). The total number of individuals of both varieties in 
the three populations is estimated to be 174,000; they are located on 
State lands, including land managed by the National Park Service at 
Kalaupapa National Historical Park, and privately owned lands (HINHP 
Database 2000; GDSI 2000).
    Tetramolopium rockii is restricted to hardened calcareous sand 
dunes or ash-covered basalt in the coastal spray zone or coastal dry 
shrubland and grassland between 10 and 200 m (30 and 650 ft) in 
elevation (Lowrey 1999). Native plant species associated with this 
species include Canthium odoratum, Diospyros sandwicensis, Metrosideros 
polymorpha, Osteomeles anthyllidifolia (ulei), Scaevola sp. (naupaka), 
Fimbristylis cymosa (mau u aki aki), Heliotropium anomalum (ahinahina), 
Lipochaeta integrifolia (nehe), Sida fallax, and Sporobolus virginicus 
(akiaki) (USFWS 1996a; HINHP Database 2000).
    The major threats to Tetramolopium rockii are habitat degradation 
by ungulate (axis deer and cattle) activity and human recreation, 
competition with the non-native plant Prosopis pallida (kiawe), and 
catastrophic extinction due to fire (57 FR 46325).

Multi-Island Species

Adenophorus periens (pendant kihi fern)

    Adenophorus periens, a short-lived perennial member of the 
grammitis family (Grammitidaceae), is a small, pendant, epiphytic (not 
rooted on the ground) fern. This species differs from other species in 
this endemic Hawaiian genus by having hairs along the pinna margins, by 
the pinnae being at right angles to the midrib axis, by the placement 
of the sori on the pinnae, and the degree of dissection of each pinna 
(USFWS 1999; Linney 1989).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in dense closed-canopy forest with high 
humidity. Its breeding system is unknown but outbreeding is very likely 
to be the predominant mode of reproduction. Spores are dispersed by 
wind, possibly by water, and perhaps on the feet of birds or insects 
(Linney 1989). Spores lack a thick resistant coat which may indicate 
their longevity is brief, probably measured in days at most. Due to the 
weak differences between seasons, there seems to be no evidence of 
seasonality in growth or reproduction. Additional information on 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is not available (USFWS 1999).
    Historically, Adenophorus periens was known from Kauai, Oahu, 
Lanai, East Maui, and Hawaii Island (HINHP Database 2000). Currently, 
it is known from several locations on Kauai, Molokai, and Hawaii (HINHP 
Database 2000). On Molokai, it is found in a single population 
containing seven individuals on the privately owned land within TNCH's 
Kamakou Preserve (GDSI 2000; HINHP Database 2000).
    This species, an epiphyte usually growing on Metrosideros 
polymorpha trunks, is found in Metrosideros polymorpha-Myrsine 
lessertiana (kolea) forest at elevations between 400 and 1,265 m (1,312 
and 4,150 ft) (HINHP Database 2000). It is found in habitats of well-
developed, closed canopy providing deep shade and high humidity (Linney 
1989). Associated native species include Broussasia arguta, 
Cheirodendron trigynum, Coprosma ochracea, Cyanea sp., Cyrtandra sp. 
(haiwale), Dicranopteris linearis, Freycinetia arborea, Hedyotis 
terminalis, Labordia hirtella (No common name), Machaerina angustifolia 
(uki), Psychotria hexandra (kopiko), Styphelia tameiameiae, Ilex 
anomala, Vaccinium calycinum (ohelo), Cibotium glaucum (hapuu), 
Melicope sp., Viola robusta (pamakani), Stenogyne kamehamehae (No 
common name), Anoectochilus sandvicensis (jewel orchid), and Syzygium 
sandwicensis (ohia ha) (HINHP Database 2000; USFWS 1999).
    The threats to this species on Molokai are habitat degradation by 
feral pigs and goats, and competition with the non-native plant Psidium 
cattleianum (strawberry guava) (HINHP Database 2000; 59 FR 56333; USFWS 
1999).

Alectryon macrococcus (mahoe)

    Alectryon macrococcus, a long-lived perennial member of the 
soapberry family (Sapindaceae), consists of two varieties, macrococcus 
and auwahiensis, both trees with reddish-brown branches and net-veined 
paper- or leather-like leaves with one to five pairs of sometimes 
asymmetrical egg-shaped leaflets. The underside of the leaf has dense 
brown hairs, only when young in A. macrococcus var. macrococcus, and 
whether young or mature (persistent) in A. macrococcus var. auwahiensis 
(only found on East Maui). The only member of its genus found in 
Hawaii, this species is distinguished from other Hawaiian members of 
its family by being a tree with a hard fruit 2.5 cm (0.9 in) or more in 
diameter (Kimura and Nagata 1980; Wagner et al. 1999).
    Alectryon macrococcus is a relatively slow-growing tree that grows 
in xeric to mesic sites and is adapted to periodic drought. Little else 
is known about the life history of this species. Flowering cycles, 
pollination vectors, seed dispersal agents, and specific environmental 
requirements are unknown.
    Currently, Alectryon macrococcus var. macrococcus is known from 
Kauai, Oahu, Maui, and Molokai. On Molakai, it is found on the 
privately owned land of TNCH's Kamakou Preserve, along the Puu Kolekole 
jeep road, Kaunakakai Gulch, and Kamiloloa Gulch in a total

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of six populations containing nine individuals on State and privately 
owned lands (GDSI 2000; HINHP Database 2000).
    Alectryon macrococcus var. macrococcus typically grows on dry or 
talus slopes or in gulches within dry or mesic lowland forest between 
elevations of 360 and 1,070 m (1,181 and 3,510 ft) (HINHP Database 
2000; Wagner et al. 1999). Associated native plants include Dodonea 
viscosa, Nestegis sandwicensis, Nothocestrum sp. (aiea), Pleomele sp., 
Psychotria sp., Streblus pendulina (aiai), Myrsine sp. (kolea), and 
Lipochaeta sp. (nehe) (USFWS 1997; HINHP Database 2000).
    The threats to Alectryon macrococcus var. macrococcus on Molokai 
include habitat degradation by feral goats and pigs; competition from 
non-native plant species such as Melinus minutiflora, Pennisetum 
clandestinum (kikuyu grass), Schinus terebinthifolius, and Psidium 
cattleianum; damage from the black twig borer (Xylosandrus compactus); 
seed predation by rats and mice (Mus domesticus) and by insects 
(probably the endemic microlepidopteran Prays cf. fulvocanella); loss 
of pollinators; and catastrophic extinction through a single natural or 
human-caused environmental disturbance (e.g., fire) due to the very 
small remaining number of individuals and their limited distribution on 
Molokai (USFWS 1997; 57 FR 20772; HINHP Database 2000).

Brighamia rockii (pua ala)

    Brighamia rockii, a long-lived perennial member of the bellflower 
family (Campanulaceae), grows as an unbranched stem succulent with a 
thickened stem that tapers from the base. This species is a member of a 
unique endemic Hawaiian genus with only one other species, found on 
Kauai, from which it differs by the color of its petals, its longer 
calyx (fused sepals) lobes, and its shorter flower stalks (Lammers 
1999).
    Observations of Brighamia rockii by Gemmill (1996) have provided 
the following information: the reproductive system is protandrous, 
meaning there is a temporal separation between the production of male 
and female gametes, in this case a separation of several days; only 5 
percent of the flowers produce pollen; very few fruits are produced per 
inflorescence; there are 20 to 60 seeds per capsule; and plants in 
cultivation have flowers at an age of 9 months (USFWS 1996a). This 
species was observed in flower during August (HINHP Database 2000).
    Historically, Brighamia rockii ranged along the northern coast of 
East Molokai from Kalaupapa to Halawa and may possibly have grown on 
Lanai and Maui (HINHP Database 2000; Lammers 1999). Currently, it is 
only extant on Molokai in a total of five populations with between 121 
to 131 individual plants occurring on State and privately owned lands 
(HINHP Database 2000; GDSI 2000). It occurs on steep, inaccessible sea 
cliffs along East Molokai's northern coastline from Anapuhi Beach to 
Wailau Valley on private lands, and on the relatively inaccessible 
State-owned sea stack of Huelo, east of Anapuhi Beach (HINHP Database 
2000; K. Wood, in litt. 2000).
    The plants are found in rock crevices on steep basalt sea cliffs, 
often within the spray zone, in coastal dry or mesic forest, Eragrostis 
variabilis (kawelu) mixed coastal cliff communities, or shrubland, or 
Pritchardia sp. (loulu) coastal mesic forest between sea level and 470 
m (0 and 1,540 ft). Associated native species include Pritchardia 
hillebrandii (loulu), Chamaesyce celastroides var. amplectans (akoko), 
Wikstroemia uva-ursi (akia), Carex wahuensis ssp. wahuensis (No common 
name), Mariscus phleoides ssp. pleoides (No common name), Eragrostis 
variabilis, Dianella sandwicensis (ukiuki), Cocculus trilobus (huehue), 
Phymatosorus scolopendria (lauae), Crytomium falcatum (ahina kuahiwi), 
Lepidium bidentatum var. o-waihiense (anaunau), Pittosporum halophilum 
(hoawa), Artemisia sp., Bidens sp. (kookoolau), Schiedea globosa (No 
common name), Reynoldsia sandwicensis (ohe), Pandanus tectorius (hala), 
Peucedanum sandwicensis (makou), Hedyotis littoralis  (No common name), 
Metrosideros polymorpha, Psydrax odoratum, Diospyros sandwicensis, 
Osteomeles anthyllidifolia, Tetramolopium cassia (pamakani), Senna 
gaudichaudii (kolomona), and Scaevola sericea (naupaka kahakai) (HINHP 
Database 2000; Lammers 1999; K. Wood, in litt. 2000).
    The threats to this species on Molokai are habitat degradation (and 
possibly predation) by deer and goats; competition with the non-native 
plants, Cyperus gracilis (McCoy grass), Digitaria ciliaris (Henry's 
crabgrass), Digitaria insularis (sourgrass), Ficus microcarpa (Chinese 
banyan), Kalanchoe pinnata, Lantana camara (lantana), Oxalis 
corniculata (yellow wood sorrel), Pluchea symphytifolia (sourbush), 
Portulaca oleracea (pigweed), and Solanum seaforthianum (No common 
name); seed predation by rats; and lack of pollinators (USFWS 1996a; 57 
FR 46325; HINHP Database 2000).

Centaurium sebaeoides (awiwi)

    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 (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 
(USFWS 1995a). This species appears to be a determinate annual; 
triggered by declining photo-period, the plant produces seeds and dies 
(Medeiros et al. 1999). Medeiros et al. (1999) noted that in the wild 
seedlings first appeared in March and April; flowers first appeared in 
April and May; mature capsules were observed beginning in May and 
continuing through June; and by the first week of July, most plants 
were dead. No additional life history information is available for this 
plant (USFWS 1995a).
    Historically and currently, Centaurium sebaeoides is known from 
scattered localities on Kauai, Oahu, Molokai, Lanai, and Maui (Wagner 
et al. 1999). Currently on Molokai, there are a total of two 
populations containing thousands of individuals, near Mokio Point on 
privately owned land and in Kalaupapa National Historical Park on State 
and federally owned land that is managed by the National Park Service 
(Chuck Chimera, formerly with Biological Resources Division (BRD), 
pers. comm. 2000; GDSI 2000; HINHP Database 2000).
    This species typically grows in volcanic or clay soils or on cliffs 
in arid coastal areas below 120 m (400 ft) elevation on Molokai (56 FR 
55770; Wagner et al. 1999). Associated species include Chamaesyce 
celastroides (akoko), Dodonea viscosa, Fimbristylis cymosa, Heteropogon 
contortus (pili grass), Lipochaeta heterophylla (nehe), Lipochaeta 
integrifolia, Lycium sandwicense (ohelo kai), Lysimachia mauritiana 
(kolokolo kuahiwi), Mariscus phleoides (No common name), Panicum 
fauriei (No common name), Panicum torridum (kakonakona), Scaevola 
sericea, Schiedea globosa, Sida fallax, Wikstroemia uva-ursi, Artemisia 
sp., Bidens sp., Jaquemontia ovalifolia (pa uohi iaka), and Lipochaeta 
succulenta (nehe) (Medeiros et al. 1999; 56 FR 55770).
    The major threats to this species on Molokai are displacement by 
non-native

[[Page 83167]]

woody species such as: Casuarina equisetifolia (paina), Casuarina 
glauca (saltmarsh), Laucaena leucocephala (koa haole), Prosopis 
pallida, Schinus terebinthifolius, Syzygium cumini (Java plum), and 
Tournefortia argentea (tree heliotrope); trampling and habitat 
degradation by feral goats and cattle; and damage caused by off-road 
vehicles (Medeiros et al. 1999).

Ctenitis squamigera (pauoa)

    Ctenitis squamigera is a short-lived perennial and a member of the 
wood fern family (Dryopteridaceae) (Wagner and Wagner 1992). It has a 
rhizome (horizontal stem) 5 to 10 mm (0.2 to 0.4 in) thick, creeping 
above the ground and densely covered with scales similar to those on 
the lower part of the leaf stalk. The leaf stalks are densely clothed 
with tan-colored scales up to 1.8 cm (0.7 in) long and 1 mm (0.04 in) 
wide. The sori are tan-colored when mature and are in a single row one-
third of the distance from the margin to the midrib of the ultimate 
segments (Degener and Degener 1957). The indusium is whitish before 
wrinkling, thin, suborbicular with a narra sinus extending about half 
way, glabrous except for a circular margin which is ciliolate with 
simple several-celled glandular and nonglandular hairs arising directly 
from the margin or from the deltoid base (Degener and Degener 1957). 
Ctenitis squamigera can be readily distinguished from other Hawaiian 
species of Ctenitis by the dense covering of tan-colored scales on its 
fronds (Wagner and Wagner 1992).
    Reproductive cycles, longevity, specific environmental requirements 
and limiting factors are unknown (USFWS 1998b).
    Historically, Ctenitis squamigera was recorded from Kauai, Oahu, 
Molokai, Lanai, Maui, and Hawaii (HINHP Database 2000). It is currently 
found on Oahu, Lanai, Molokai, and Maui. There is currently a single 
population with 20 individuals on the island of Molokai in Wawaia Gulch 
on privately owned land (GDSI 2000; J. Lau, in litt. 2000).
    On Molokai, this species is found in mesic forest at an elevation 
of approximately 865 m (254 ft) (J. Lau, in litt. 2000). Associated 
native plant taxa include Metrosideros polymorpha, Myrsine lessertiana 
(kolea), Diospyros sandwicensis, Nestegis sandwicensis, Xylosma 
hawaiiense (maua), Pouteria sandwicensis, Nephrolepis exaltata 
(kupukupu), Carex meyenii, Dryopteris unidentata (No common name), and 
Pleomele auwahiensis (hala pepe) (J. Lau, in litt. 2000; USFWS 1998b; 
59 FR 49025).
    The primary threats to Ctenitis squamigera are habitat degradation 
by goats, and competition with the non-native plant taxa Schinus 
terebinthifolius and Melinis minutiflora (J. Lau, in litt. 2000; USFWS 
1998b; 59 FR 49025).

Cyanea grimesiana ssp. grimesiana (haha)

    Cyanea grimesiana ssp. grimesiana, a short-lived perennial 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 observed in July and August. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (USFWS 1999).
    Historically and currently, Cyanea grimesiana ssp. grimesiana is 
known from Oahu, Molokai, Lanai, and Maui (USFWS 1999). On Molokai, it 
is found in a total of three populations containing eight individuals, 
in Wailau, Puu Kahea and Olokui NAR on State and privately owned lands 
(GDSI 2000; HINHP Database 2000).
    This species is typically found in mesic forest often dominated by 
Metrosideros polymorpha or Metrosideros polymorpha and Acacia koa 
(koa), or on cliffs, at elevations between 350 and 945 m (1,150 and 
3,100 ft). Associated plants include Psychotria sp., Bobea sp. 
(ahakea), Antidesma sp., Syzygium sandwicensis, Xylosma sp. (maua), 
Cibotium sp., Doodia sp. (ohupukupulauii), Nephrolepis sp. (kupukupu), 
Cyrtandra sp., Dicranopteris linearis, and Freycinetia arborea (HINHP 
Database 2000).
    The threats to this species on Molokai are habitat degradation and/
or destruction caused by axis deer, feral goats, and pigs; competition 
with various non-native plants such as Clidemia hirta; catastrophic 
extinction by randomly naturally occurring events (e.g., fire, 
landslides) due to the small number of existing individuals; trampling 
by hikers; seed predation by rats; and predation by various slugs 
(Milax sp.) (HINHP Database 2000; 61 FR 53108; USFWS 1999).

Diellia erecta (no common name)

    Diellia erecta, a short-lived perennial member of the spleenwort 
family (Aspleniaceae), is a fern that grows in tufts of 3 to 9 lance-
shaped fronds which emerge from a rhizome covered with brown to dark 
gray scales. This species differs from other members of the genus in 
having brown or dark gray scales usually more than 2 cm (0.8 in) in 
length, fused or separate sori along both margins, shiny black midribs 
that have a hardened surface, and veins that do not usually encircle 
the sori (Degener and Greenwell 1950; Robinson 1912; Wagner 1952).
    Little is known about the life history of this taxon. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (USFWS 1999).
    Historically, Diellia erecta was known from Kauai, Oahu, Molokai, 
Lanai, Maui, and Hawaii Island (USFWS 1999). Currently, it is only 
known from Molokai, Maui, and Hawaii (USFWS 1999). On Molokai, it is 
known from a total of 4 populations containing at least 10 individuals 
in Halawa Valley, Kahuaawi Gulch, Makolelau and Onini Gulch on State 
and privately owned lands (HINHP Database 2000; K. Wood, in litt. 
1999).
    This species is found in mixed mesic forest and mesic Diospyros 
sandwicensis (lama) forest between elevations of 210 and 1,490 m (700 
and 4,900 ft) (HINHP Database 2000; K. Wood, in litt. 1999). Associated 
native plant species include Alyxia oliviformis, Metrosideros 
polymorpha, Bobea sp., Coprosma foliosa (pilo), Dodonea viscosa, 
Dryopteris unidentata, Myrsine sp., Ochrosia comta (holei), Dubautia 
linearis ssp. opposita (na ena e), Psychotria sp., Pleomele 
auwahiensis, Sophora chrysophylla, Styphelia tameiameiae, Syzygium 
sandwicensis, and Wikstroemia sp. (HINHP Database 2000; K. Wood, in 
litt. 1999).
    The major threats to Diellia erecta on Molokai are habitat 
degradation by pigs, goats, and deer; competition with the non-native 
plant species Fraxinus uhdei (tropical ash), Ricinus communis, Melinus 
minutiflora, Psidium cattleianum, Blechnum occidentale (No common 
name); and catastrophic extinction due to random naturally occurring 
events and reduced reproductive vigor due to the small number of 
existing individuals (HINHP Database 2000; K. Wood, in litt. 1999; 59 
FR 56333; USFWS 1999).

Hedyotis mannii (pilo)

    Hedyotis mannii, a member of the coffee family (Rubiaceae), is a 
short-lived perennial 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. 
The leaves are opposite, thin in texture and elliptic to

[[Page 83168]]

sometimes lance-shaped. Stipules (leaf-like appendages), which are 
attached to the slightly winged leaf stalks where they join and clasp 
the stem, are triangular. Flowers are arranged in loose clusters up to 
30 cm (1 ft) long at the ends of the stems and are either bisexual or 
female. 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).
    Currently, no life history information is available for this 
species (USFWS 1996a).
    Hedyotis mannii was once widely scattered on Lanai, West Maui, and 
Molokai (HINHP Database 2000). Currently, this species is extant on 
Molokai, West Maui, and Lanai. After an absence of 50 years, this 
species was rediscovered in 1987 by Steve Perlman on private land in 
Kawela Gulch in TNCH's Kamakou Preserve (GDSI 2000; HINHP Database 
2000). Only five plants are known to exist in this area (HINHP Database 
2000).
    Hedyotis mannii typically grows on dark, narrow, rocky gulch walls 
in mesic and perhaps wet forests at 150 to 1,050 m (490 to 3,450 ft) in 
elevation (Wagner et al. 1999; HINHP Database 2000). Associated plant 
species include Pipturus sp., Cibotium sp., Cyanea sp., Scaevola sp., 
and Psychotria sp. (HINHP Database 2000; USFWS 1996a).
    The threats to Hedyotis mannii on Molokai are habitat degradation 
by feral pigs; competition with the non-native plant Melinis 
minutiflora; and catastrophic extinction through random environmental 
events to which the limited number of individuals are extremely 
vulnerable (HINHP Database 2000; 57 FR 46325; USFWS 1996a).

Hesperomannia arborescens (no common name)

    Hesperomannia arborescens, a long-lived perennial member of the 
aster family (Asteraceae), is a small shrubby tree that usually stands 
1.5 to 5 m (5 to 16 ft) tall. This member of an endemic Hawaiian genus 
differs from other Hesperomannia species in having the following 
combination of characters, erect to ascending flower heads, thick 
flower head stalks, and usually hairless and relatively narrow leaves 
(Wagner et al. 1999).
    This species was observed in flower from April through June and 
fruit during March and June (USFWS 1998c). No other information is 
available on reproductive cycles, longevity, specific environmental 
requirements, and limiting factors (USFWS 1998c).
    Hesperomannia arborescens was formerly known from Lanai, Molokai, 
and Oahu (HINHP Database 2000). This species is now known from Oahu, 
Molokai, and Maui. On Molokai, one population of five individuals is 
known from the State's Olokui NAR (GDSI 2000; HINHP Database 2000).
    Hesperomannia arborescens is found on slopes or ridges in wet 
Metrosideros polymorpha-Dicranopteris linearis lowland forest or mesic 
Diospyros sandwicensis-Metrosideros polymorpha lowland forest 
transition zones between 360 and 750 m (1,200 and 2,500 ft) in 
elevation (HINHP Database 2000). Associated native species include 
Broussaisia arguta, Freycinetia arborea, Antidesma sp., Cibotium 
glaucum, Psychotria mauiensis (kopiko), Elaphoglossum sp. (ekaha), 
Coprosma sp., Hedyotis sp., Cheirodendron sp., Smilax melastomifolia 
(hoi kuahiwi), Clermontia pallida (oha wai), Thelypteris sp. 
(palapalaia), Diplopterygium pinnatum (uluhe lau nui), Ilex anomala, 
Myrsine sp., Urera glabra, Cyrtandra sp., Pipturus sp., Boehmeria 
grandis, Nestegis sandwicensis (olopua), Nephrolepis exaltata, and 
Wikstroemia sp. (HINHP Database 2000).
    The major threats to Hesperomannia arborescens on Molokai are 
habitat degradation by feral pigs, goats, and humans; competition with 
non-native plant taxa such as Clidemia hirta, Kalanchoe pinnata, and 
Rubus rosifolius; catastrophic extinction due to random environmental 
events or reduced reproductive vigor due to this species' limited 
numbers are significant threats as well (59 FR 14482; HINHP Database 
2000).

Ischaemum byrone (Hilo ischaemum)

    Ischaemum byrone, a member of the grass family (Poaceae), is a 
short-lived perennial species with creeping underground and erect 
stems. Ischaemum byrone can be distinguished from other Hawaiian 
grasses by its tough outer flower bracts, dissimilar basic flower 
units, which are awned and two-flowered, and a di- or trichotomously-
branching inflorescence (O'Connor 1999).
    No life history information is currently available for this species 
(USFWS 1996b).
    Ischaemum byrone was historically distributed on Oahu, Molokai, 
Maui, and Hawaii Island (59 FR 10305). Currently, this species is found 
on Molokai, Maui, and Hawaii Island. It has also been reported from 
unconfirmed sightings on Kauai (HINHP Database 2000). On Molokai, there 
are a total of 2 populations containing between 100 to 1,000 
individuals located in Wailau Valley and the eastern edge of Kikipua on 
State and privately owned lands (GDSI 2000; HINHP Database 2000).
    Ischaemum byrone is found in coastal dry shrubland or Artemisia 
cliff communities, near the ocean, among rocks or on basalt cliffs or 
talus slopes, and elevations between sea level and 75 m (0 and 250 ft) 
(Gagne and Cuddihy 1999; O'Connor 1999; HINHP Database 2000). 
Associated taxa include Bidens molokaiensis (No common name), Hedyotis 
littoralis, Lysimachia mauritiana, Fimbrystylis cymosa, and Pandanus 
tectorius (hala) (HINHP Database 2000).
    The threats to Ischaemum byrone on Molokai are competition by non-
native grasses, particularly Digitaria ciliaris; predation by goats and 
axis deer; and elimination and degradation of habitat through fire and 
residential development; (USFWS 1996b).

Mariscus fauriei (no common name)

    Mariscus fauriei, a member of the sedge family (Cyperaceae), is a 
perennial plant with somewhat enlarged underground stems and three-
angled, single or grouped aerial stems 10 to 50 cm (4 to 20 in) tall. 
It has leaves shorter than or the same length as the stems 1 to 3.5 mm 
(0.04 to 0.1 in) wide. This species differs from others in the genus in 
Hawaii by its smaller size and its narrower, flattened, and more 
spreading spikelets (Koyama 1999; 59 FR 56333).
    Currently, no life history information is available for this 
species (USFWS 1996b).
    Historically and currently, Mariscus fauriei is found on east 
Molokai and on the island of Hawaii. This species is no longer extant 
on Lanai. Currently on Molokai, one population with 20 to 30 plants 
occurs above Kamiloloa on State-owned land (HINHP Database 2000; GDSI 
2000).
    This species typically grows in Diospyros sandwicensis dominated 
lowland dry forests, often on a lava substrate, at an elevation of 207 
m (680 ft) (HINHP Database 2000; Koyama 1999). Associated species 
include Canthium odoratum, Peperomia sp. (ala ala wai nui), and 
Rauvolfia sandwicensis (hao) (HINHP Database 2000).
    The threats to Mariscus fauriei on Molokai are predation and 
habitat degradation by feral goats and axis deer. Because there is only 
one known population on Molokai, the species is threatened by the risk 
of extinction through random environmental events and through reduced 
reproductive vigor (USFWS 1996b; 59 FR 56333).

[[Page 83169]]

Marsilea villosa (ihi ihi)

    Marsilea villos, a member of the family Marsileaceae, is a 
perennial aquatic to semiaquatic fern similar in appearance to a four-
leaved clover. The leaves are born in pairs along a thin rhizome. The 
leaves and rhizomes vary in pubescence, depending on the aridity of the 
habitat at the time of development. A hard sporocarp (hard-walled case 
containing male and female spores) is borne at the base of a leaf pair. 
The young sporocarp, like the rhizome, is covered with rust-colored 
hairs which are lost as the sporocarp matures. The plant occurs either 
in scattered clumps or as a dense interwoven mat, depending on the 
competition with other species for limited habitat resources. The 
species is the only member of the genus native to Hawaii and is closely 
related to Marsilea vestita of the western coast of the United States 
(USFWS 1996c).
    Marsilea villosa requires periodic flooding for spore release and 
fertilization, then a decrease in water levels for the young plants to 
establish, and finally dry soil for sporocarps to mature. Shading 
reduces vigor of Marsilea villosa. No other life history information is 
currently available for this species (USFWS 1996c).
    Marsilea villosa was known historically from Oahu, Molokai and 
Niihau. Currently, it is found only on Oahu and Molokai. On Molokai 
there are four populations with an unspecified number of individuals 
located at Kamaka ipo, Ilio Point, Kaiehu Point, and from Kaeo to Mokio 
on State and privately owned lands (HINHP Database 2000; GDSI 2000).
    Marsilea villosa typically occurs in shallow depressions in clay 
soil, or lithified sand dunes overlaid with alluvial clay. All reported 
populations occur at or below 150 m (500 ft) elevation. While Marsiliea 
villosa can withstand minimal shading, it appears most vigorous growing 
in open areas. The associated native vegetation of Marsilea villosa on 
Molokai includes Heteropogon contortus, Sida fallax, Waltheria indica 
(uhaloa), Centaurium sebaeoides (awiwi), Tetramolopium sylvae 
(pamakani), and Schiedea globosa (USFWS 1996c).
    The main reason for the decline of Marsilea villosa on Molokai is 
habitat destruction including the destruction of natural hydrology; the 
encroachment and competition from naturalized, non-native plants such 
as Cenchrus ciliaris (buffelgrass), Prosopis pallida, Lantana camara, 
Digitaria insularis, and Chamaecrista nictitans (partridge pea); the 
disturbance of areas where the plant grows by off-road vehicles or by 
grazing cattle and axis deer; habitat destruction, degradation, and 
fragmentation through development, fire, trampling by humans and 
introduced mammals; catastrophic extinction from random environmental 
events and reduced reproductive vigor due to few populations and small 
population sizes (USFWS 1996c; 57 FR 27863).

Melicope mucronulata (no common name)

    Melicope mucronulata, a long-lived perennial of the citrus family 
(Rutaceae) is a small tree up to 13 ft (4 m) tall with oval to 
elliptic-oval leaves. This species is distinguished from others in the 
genus by the growth habit, the number of flowers in each flower 
cluster, the size and shape of the fruit, and the degree of hairiness 
of the leaves and fruit walls (Stone et al. 1999).
    Currently, no life history information is available for this 
species.
    First discovered in 1920 in Kanaio, East Maui, Melicope mucronulata 
was not relocated until 1983. One population of two individuals was 
then found two years later in Kupaia on the border of the privately 
owned Kamakou Preserve and the State's Molokai Forest Reserve in east 
Molokai (GDSI 2000; HINHP Database 2000; Stone et al. 1999).
    Melicope mucronulata occurs on steep, west- or north-facing, dry to 
mesic, forested lowland slopes at elevations of 670 to 870 m (2,200 to 
2,850 ft). Associated native species include Dodonea viscosa, 
Metrosideros polymorpha, Styphelia tameiameiae, and Dubautia linearis 
(naenae) (HINHP Database 2000).
    The major threat to the continued existence of this species is 
catastrophic extinction from random environmental events due to the few 
extant populations and small number of individuals. Habitat degradation 
by goats and pigs; predation by goats; and competition with non-native 
plants, particularly Melinis minutiflora, also pose immediate threats 
to this species (USFWS 1997; 57 FR 20772).

Neraudia sericea (no common name) 

    Neraudia sericea, a short lived perennial and a member of the 
nettle family (Urticaceae), is a 3 to 5 m (10 to 16 ft) tall shrub with 
densely hairy branches. The elliptic or oval leaves have smooth margins 
or slightly toothed margins on young leaves. The upper leaf surface is 
moderately hairy and the lower leaf surface is densely covered with 
irregularly curved, silky gray to white hairs along the veins. The male 
flowers may be stalkless or have short stalks. The female flowers are 
stalkless and have a densely hairy calyx that is either toothed, 
collar-like, or divided into narrow unequal segments. The fruits are 
achenes with the apical section separated from the basal portion by a 
deep constriction. Seeds are oval with a constriction across the upper 
half. Neraudia sericea differs from the other four closely related 
species of this endemic Hawaiian genus by the density, length, color, 
and posture of the hairs on the lower leaf surface and by its mostly 
entire leaf margins (Wagner et al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (USFWS 1999).
    Neraudia sericea was known historically from Molokai, Lanai, Maui, 
and Kahoolawe (HINHP Database 2000). Currently, this species is found 
only on Maui and Molokai. On Molokai, one population of 50 to 100 
individuals is known from Makolelau on privately owned land (GDSI 2000; 
HINHP Database 2000).
    Neraudia sericea generally occurs in lowland dry to mesic 
Metrosideros polymorpha-Dodonaea viscosa-Styphelia tameiameiae 
shrubland or forest between 670 and 1,370 m (2,200 and 4,500 ft) in 
elevation (HINHP Database 2000; Wagner et al. 1999). Other associated 
plant species include Sida fallax, Diospyros sandwicensis, Bobea sp., 
Coprosma sp., and Hedyotis sp. (HINHP Database 2000).
    The primary threats to Neraudia sericea on Molokai are habitat 
degradation by feral pigs and goats; competition with the non-native 
plant, Melinus minutiflora; and catastrophic extinction through random 
environmental events due to the vulnerability of a single population 
(USFWS 1999; 59 FR 56333).

Peucedanum sandwicense (makou) 

    Peucedanum sandwicense, a short lived perennial and a member of the 
parsley family (Apiaceae), is a parsley-scented, sprawling herb. Hollow 
stems arise from a short, vertical, perennial stem with several fleshy 
roots. This species is the only member of the genus in the Hawaiian 
Islands (Constance and Affolter 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (USFWS 1995b).
    Historically and currently, Peucedanum sandwicense was known from 
Molokai, Maui, and Kauai (HINHP

[[Page 83170]]

Database 2000). Discoveries in 1990 extended the known distribution of 
this species to the island of Oahu (USFWS 1995b). On Molokai, five 
populations are known from private and State owned lands in Pelekunu 
Valley, on Huelo Islet and Mokapu Islet, and State owned lands managed 
by the National Park Service at Kalaupapa National Historical Park, 
totaling approximately 50 individuals (GDSI 2000; HINHP Database 2000; 
K. Wood, in litt. 2000).
    This species grows in cliff habitats in brown soil and talus in 
Chamaesyce celastroides var. amplectans-Chenopodium oahuense coastal 
dry shrubland or Diospyros sandwicensis forest from sea level to above 
900 m (3,000 ft) and is associated with native species such as 
Eragrostis sp. (kawelu), Santalum ellipticum (iliahialoe), Pritchardia 
hillebrandii, Reynoldsia sandwicensis, Osteomeles anthyllidifolia, 
Scaevola sericea, Senna gaudichaudii, Pittosporum halophilum, Sida 
fallax, Plumbago zeylanica (iliee), Artemisia australis (ahinahina), 
Portulaca lutea (ihi), Lepidium bidentatum var. o-waihiense, Schiedea 
globosa, Lipochaeta integrifolia, Peperomia remyi (No common name), 
Plechranthus parviflorus (ala ala wai nui), Dianella sandwicensis and 
Metrosideros polymorpha (Constance and Affolter 1999; USFWS 1995b; 
HINHP Database 2000; K. Wood, in litt. 2000).
    Threats to Peucedanum sandwicense on Molokai are seed predation by 
rats and competition with the non-native plant species Ageratum 
conyzoides (maile hohono), Coronopus didymus (swinecress), Kalanchoe 
pinnata, Lantana camara, Malvastrum coromandelianum ssp. 
coromandelianum (false mallow), Morinda citrifolia (Indian mulberry), 
Plantago lanceolata (English plantain), Pluchea carolinensis 
(sourbush), Portulaca oleracea , Elaphantopus spicatus (No common 
name), Schinus terebinthifolius, and Sonchus oleraceus (pualele) (USFWS 
1995b; 59 FR 9304; K. Wood, in litt. 2000).

Phyllostegia mannii (no common name) 

    Phyllostegia mannii, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing vine with many-branched, four-sided, hairy 
stems. The opposite, hairy leaves, which are shaped like narrow 
triangles or narrow triangular ovals have coarsely toothed margins. 
Clusters of four to six white flowers are arranged in each of several 
false whorls along an unbranched flowering stem. The fruits are fleshy, 
dark-green to black nutlets (dry seeds with a hard outer covering). 
This species is distinguished from others in the genus by its 
hairiness; its thin, narrow leaves, which are not pinnately divided; 
and the usually six flowers per false whorl in a terminal inflorescence 
(Wagner et al. 1999).
    This species was observed with fruit in July (USFWS 1996a). 
Currently, no additional life history information is available for this 
species.
    Historically, Phyllostegia mannii was found from Hanalilolilo to 
Ohialele on East Molokai and at Ukulele on East Maui. It has not been 
seen on Maui for over 70 years and is apparently extirpated on that 
island (USFWS 1996a). This species is now known only from four 
individuals at Hanalilolilo within Kamakou Preserve on privately owned 
land (GDSI 2000; HINHP Database 2000).
    Phyllostegia mannii grows in shaded sites in sometimes foggy and 
windswept, wet, open, Metrosideros polymorpha-dominated montane forest 
with a native shrub and Cibotium sp. understory at 347 m (1,140 ft) in 
elevation (USFWS 1996a). Associated plant species include Asplenium sp. 
(No common name), Broussaisia arguta, Cheirodendron trigynum, Coprosma 
ochracea, Cyanea sp., Dicranopteris linearis, Hedyotis hillebrandii, 
Pipturus albidus, Pouteria sandwicensis, Psychotria sp., Touchardia 
latifolia, Vaccinium sp., and Wikstromia sp. (HINHP Database 2000).
    The only known population of Phyllostegia mannii is threatened by 
habitat destruction and degradation by feral pigs. Because of the small 
number of individuals, a natural or human-caused environmental event 
could extirpate all or a significant portion of the population (USFWS 
1996a; 57 FR 46325).

Plantago princeps (ale) 

    Plantago princeps, a short-lived member of the plantain family 
(Plantaginaceae), is a small shrub or robust perennial herb. This 
species differs from other native members of the genus in Hawaii by its 
large branched stems, flowers at nearly right angles to the axis of the 
flower cluster, and fruits that break open at a point two-thirds from 
the base. The four varieties, anomala, laxiflora, longibracteata, and 
princeps, are distinguished by the branching and pubescence of the 
stems; the size, pubescence, and venation of the leaves; the density of 
the inflorescence; and the orientation of the flowers (Wagner et al. 
1999).
    Little is known about the life history of this plant. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are generally unknown. However, individuals have been observed 
in fruit from April through September (USFWS 1999).
    Plantago princeps is historically and currently found on Kauai, 
Oahu, Molokai, and Maui. It is no longer extant on the island of 
Hawaii. Plantago princeps var. anomala is currently known from Kauai 
and Oahu; var. longibracteata is known from Kauai and Oahu; var. 
princeps is known from Oahu; and var. laxiflora is known from Molokai 
and Maui. On Molokai, there is currently one remaining population of 
Plantago princeps var. laxiflora with five individuals in Kawela Gulch 
on privately owned lands (GDSI 2000; HINHP Database 2000; USFWS 1999).
    On Molokai, Plantago princeps var. laxiflora is typically found on 
basalt cliffs in Metrosideros polymorpha lowland wet forest or Acacia 
koa-Metrosideros polymorpha montane wet forest or Metrosideros 
polymorpha montane wet shrubland, from 402 to 2,042 m (1,320 to 6,700 
ft) elevation (Wagner et al. 1999). Associated plant species include 
Eragrostis variabilis, Hedyotis formosa (No common name), and Dubautia 
plantaginea spp. humile (na ena e) (HINHP Database 2000; USFWS 1999).
    The primary threats to Plantago princeps var. laxiflora on Molokai 
are predation and habitat degradation by feral pigs and goats and 
competition with various non-native plant species (59 FR 56333; USFWS 
1999).

Platanthera holochila (no common name)

    Platanthera holochila, a short-lived perennial and a member of the 
orchid family (Orchidaceae), is an erect, deciduous herb. The stems 
arise from underground tubers, the pale green leaves are lance to egg-
shaped and the greenish-yellow flowers occur in open spikes. This is 
the only species of this genus that occurs in the Hawaiian Islands 
(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 (USFWS 1999).
    Historically, Platanthera holochila was known from Maui, Oahu, 
Molokai, and Kauai (HINHP Database 2000). Currently, Platanthera 
holochila is extant on Kauai, Molokai, and Maui (HINHP Database 2000). 
On Molokai, one population with less than 10 individuals is reported 
from Hanalilolilo on the privately owned land of Kamakou Preserve 
(HINHP Database 2000; GDSI 2000).
    Platanthera holochila is found in Metrosideros polymorpha-
Dicranopteris

[[Page 83171]]

linearis montane wet forest or Metrosideros polymorpha mixed montane 
bog between 1,048 and 1,515 m (3,440 and 4,970 ft) elevation. 
Associated native plants include Cibotium sp., Coprosma ernodeoides 
(nene), Oreobolus furcatus (No common name), Styphelia tameiameiae, 
Wikstroemia sp., Scaevola chamissoniana (naupaka kuahiwi), Sadleria sp. 
(amau), Lythrum maritimum (pukamole), Deschampsia sp. (hair grass), 
Luzula hawaiiensis (wood rush), Sisyrinchium acre (mau u la ili), 
Broussaisia arguta, Clermontia sp. (oha wai), Lycopodium cernuum (wawae 
iole), Dubautia scabra (na ena e), Polypodium pellucidum (ae), Gahnia 
gahniiformis (No common name), and Vaccinium reticulatum (ohelo ai)(61 
FR 53108; USFWS 1999).
    The primary threats to Platanthera holochila on Molokai are habitat 
degradation and/or destruction by feral pigs; competition with non-
native plants; and a risk of extinction from naturally occurring events 
and/or reduced reproductive vigor, due to the small number of remaining 
populations and individuals. Predation by slugs may also be a potential 
threat to this species (61 FR 53108; USFWS 1999).

Schiedea nuttallii (no common name)

    Schiedea nuttallii, a member of the pink family (Caryophyllaceae), 
is a generally hairless, erect subshrub. This species is distinguished 
from others in this endemic Hawaiian genus by its habit, length of the 
stem internodes, length of the inflorescence, number of flowers per 
inflorescence, smaller leaves, smaller flowers, and smaller seeds 
(Wagner et al. 1999).
    Little is known about the life history of Schiedea nuttallii. Based 
on field and greenhouse observations, it is hermaphroditic (flowers 
contain both sexes) (Weller et al. 1990). Plants located close to the 
Makua rim on Oahu have been under observation for 10 years, and they 
appear to be long-lived (USFWS 1999). Schiedea nuttallii appears to be 
an outcrossing species. Under greenhouse conditions, plants fail to set 
seed unless pollinated, suggesting that this species requires insects 
for pollination. Seedlings of Schiedea occurring in mesic or wet sites 
are apparently consumed by introduced slugs and snails. These have been 
observed feeding on S. membranacea, another mesic forest species 
occurring on Kauai. In contrast to mesic forest species, Schiedea 
occurring in dry areas produce abundant seedlings following winter 
rains, presumably because there are fewer alien consumers in drier 
sites (USFWS 1999). Fruits and flowers are abundant in the wet season 
but can be found throughout the year (Kapua Kawelo, U.S. Dept. of 
Defense, Army Environmental, in litt. 1999). Little is known about the 
life history of this plant. Reproductive cycles, longevity, specific 
environmental requirements, and limiting factors are unknown.
    Historically Schiedea nuttallii was known from scattered locations 
on southeastern Kauai, Oahu, Molokai, and Maui (HINHP Database 2000). 
Currently, known populations occur on Kauai, Oahu, and Molokai (USFWS 
1999). On Molokai one population with 22 individuals of Schiedea 
nuttallii occurs on the privately owned lands of TNCH's Kamakou 
Preserve (HINHP Database 2000; GDSI 2000).
    Schiedea nuttallii typically grows in diverse lowland mesic forest, 
often with Metrosideros polymorpha dominant, at elevations between 415 
and 730 m (1,360 and 2,400 ft). On Molokai, the population is found at 
354 m (1,160 ft) elevation. Associated plants include Cyrtandra 
hawaiensis (haiwale), Antidesma sp., Psychotria sp., Perottetia 
sandwicensis, Pisonia sp., and Hedyotis acuminata (au) (HINHP Database 
2000).
    Schiedea nuttallii on Molokai is seriously threatened by 
competition with several non-native plants; predation by the black twig 
borer, slugs, and snails; and a risk of extinction from naturally 
occurring events (e.g., landslides) and/or reduced reproductive vigor 
due to the small number of individuals.(USFWS 1999; 61 FR 53108).

Sesbania tomentosa (ohai)

    Sesbania tomentosa, a short lived perennial and a member of the pea 
family (Fabaceae), is typically a sprawling shrub but may also be a 
small tree. Each compound leaf consists of 18 to 38 oblong to elliptic 
leaflets which are usually sparsely to densely covered with silky 
hairs. The flowers are salmon tinged with yellow, orange-red, scarlet 
or rarely, pure yellow. Sesbania tomentosa is the only endemic Hawaiian 
species in the genus, differing from the naturalized Sesbania sesban by 
the color of the flowers, the longer petals and calyx, and the number 
of seeds per pod (Geesink et al. 1999).
    The pollination biology of Sesbania tomentosa is being studied by 
David Hopper, a graduate student in the Department of Zoology at the 
University of Hawaii at Manoa. His preliminary findings suggest that 
although many insects visit Sesbania flowers, the majority of 
successful pollination is accomplished by native bees of the genus 
Hylaeus and that populations at Kaena Point on Oahu are probably 
pollinator limited. Flowering at Kaena Point is highest during the 
winter-spring rains, and gradually declines throughout the rest of the 
year (USFWS 1999). Other aspects of this plant's life history are 
unknown.
    Currently, Sesbania tomentosa occurs on at least six of the eight 
main Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and 
Hawaii) and in the Northwestern Hawaiian Islands (Nihoa and Necker). It 
is no longer extant on Niihau and Lanai (59 FR 56333; GDSI 2000, USFWS 
1999; HINHP Database 2000). On Molokai, Sesbania tomentosa is known 
from eight populations with an estimated total of 100 to 150 
individuals. Three of the populations occur from Moomomi to Nenehanaupo 
and five from Kamiloloa to Makolekau on State and privately owned lands 
(HINHP Database 2000; GDSI 2000).
    Sesbania tomentosa is found in Scaevola sericea coastal dry 
shrubland on windswept slopes, sea cliffs and weathered basaltic slopes 
between sea level and 579 m (0 and 1,900 ft) elevation (HINHP Database 
2000). Associated plant species include Lipochaeta integrifolia, 
Jacquemontia sandwicensis, Sida fallax, and Dodonea viscosa (HINHP 
Database 2000; USFWS 1999).
    The primary threats to Sesbania tomentosa on Molokai are 
competition with various non-native plant species such as Lantana 
camara, and grass species; habitat degradation by feral cattle; lack of 
adequate pollination; seed predation by rats, mice and, potentially, 
non-native insects; and destruction by random environmental events 
(e.g., fire) and by human activities (e.g., use of off-road vehicles) 
(59 FR 56333; USFWS 1999).

Silene lanceolata (no common name)

    Silene lanceolata, a member of the pink family, is an upright, 
perennial plant with stems 15 to 50 cm (6 to 20 in) long, which are 
woody at the base. The narrow leaves are smooth except for a fringe of 
hairs near the base. Flowers are arranged in open clusters. The flowers 
are white with deeply-lobed, clawed petals. The capsule opens at the 
top to release reddish-brown seeds. This species is distinguished from 
S. alexandri, the only other member of the genus found on Molokai, by 
its smaller flowers and capsules and its stamens, which are shorter 
than the sepals (Wagner et al. 1999).
    Currently, no life history information is available for this 
species (USFWS 1996a).
    The historical range of Silene lanceolata includes five Hawaiian

[[Page 83172]]

Islands: Kauai, Oahu, Molokai, Lanai, and Hawaii Island. Silene 
lanceolata is presently extant on the islands of Molokai, Oahu, and 
Hawaii. On Molokai, a single population of approximately 100 
individuals was found in 1987 on private land near Puu Kolekole (K. 
Wood, in litt. 1999; GDSI 2000; USFWS 1996a).
    On Molokai, this species grows on cliff faces and ledges of gullies 
in dry to mesic shrubland at an elevation of about 800 m (2,600 ft) 
(USFWS 1996a). Associated native plant species include Dodonea viscosa, 
Styphelia tameiameiae, and Dubautia linearis (K. Wood, in litt. 1999).
    Habitat destruction by feral ungulates (goats and pigs), wildfires, 
and competition by invading non-native plants are immediate threats to 
Silene lanceolata on Molokai (57 FR 46325; USFWS 1996a).

Spermolepis hawaiiensis (no common name) 

    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 Spermolepis hawaiiensis. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (USFWS 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, Maui, and Hawaii (GDSI 2000; 59 
FR 56333; HINHP Database 2000). On Molokai, there is one known 
population with approximately 600 individuals on privately owned land 
in Kamalo (HINHP Database 2000; GDSI 2000; USFWS 1999).
    Spermolepis hawaiiensis is known from shady spots in Dodonea 
viscosa lowland dry shrubland, at an elevation of 219 m (720 ft). 
Associated plant species include Eragrostis variabilis, Lipochaeta 
lavarum (nehe), Sida fallax, Myoporum sandwicensis (naio), Santalum 
ellipticum, and Heteropogon contortus (HINHP Database 2000; USFWS 
1999).
    The primary threats to Spermolepis hawaiiensis on Molokai are 
habitat degradation by feral goats; competition with various non-native 
plants such as Melinis minutiflora, Lantana camara, and grasses; and 
habitat destruction and extinction due to natural environmental events 
such as erosion, landslides, and rockslides due to natural weathering 
(59 FR 56333; USFWS 1999).

Vigna o-wahuensis (no common name)

    Vigna o-wahuensis, a member of the pea 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 (USFWS 1999).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, and 
Maui (HINHP Database 2000). Currently, Vigna o-wahuensis is known from 
the islands of Molokai, Lanai, Kahoolawe, Maui, and Hawaii (HINHP 
Database 2000). There are no currently known populations on Niihau or 
Oahu. On Molokai, two populations with approximately 16 individuals 
occur on privately owned lands at Onini Gulch and Makolelau (GDSI 
2000).
    On Molokai, Vigna o-wahuensis occurs in dry to mesic grassland and 
shrubland from 207 to 256 m (680 to 840 ft) in elevation (Geesink et 
al. 1999; HINHP Database 2000). Associated plant species include 
Chenopodium oahuense, Cyperus laevigatus, Eragrostis variabilis, 
Heteropogon contortus, Ipomoea sp. (morning glory), Scaevola sericea, 
Sida fallax, Vitex rotundifolia (kolokolo kahakai), Dodonea viscosa, 
and Styphelia tameiameiae (HINHP Database 2000; USFWS 1999).
    The primary threats to Vigna o-wahuensis on Molokai are competition 
with various non-native plant species; and a risk of extinction due to 
random environmental events (primarily fire), and/or reduced 
reproductive vigor due to the small number of existing populations and 
individuals (USFWS 1999; 59 FR 56333).

Zanthoxylum hawaiiense (ae)

    Zanthoxylum hawaiiense, a long lived perennial, is a medium-size 
tree with pale to dark gray bark, and lemon-scented leaves in the rue 
family (Rutaceae). Alternate leaves are composed of three small 
triangular-oval to lance-shaped, toothed leaves (leaflets) with 
surfaces usually without hairs. Zanthoxylum hawaiiense is distinguished 
from other Hawaiian members of the genus by several characters: three 
leaflets all of similar size, one joint on lateral leaf stalk, and 
sickle-shape fruits with a rounded tip (Stone et al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (USFWS 1996b).
    Historically, Zanthoxylum hawaiiense was known from the islands of 
Kauai, Molokai, Lanai, southern and southwestern slopes of Haleakala on 
Maui, and Hawaii. Currently, Zanthoxylum hawaiiense is extant on Kauai, 
Molokai, Maui, and Hawaii. On Molokai, the two extant populations with 
a total of five individuals are located at Makolelau and Puu Hoi Ridge 
on private and State lands (HINHP Database 2000; GDSI 2000).
    On Molokai, Zanthoxylum hawaiiense is found in mesic Metrosideros 
polymorpha or Diospyros sandwicensis lowland dry forest with Nestegis 
sandwicensis and Pleomele auwahiensis at elevations between 182 and 256 
m (600 to 840 ft) (Stone et al. 1999; 59 FR 10305; HINHP Database 
2000). Associated species include Pisonia sp., Xylosma hawaiiensis, 
Santalum ellipticum, Alphitonia ponderosa (kauila), Osteomeles 
anthyllidifolia, Alectryon macrococcus (mahoe), Charpentiera sp. 
(papala), Melicope sp., Dodonea viscosa, Streblus pendulinus, Myrsine 
lanaiensis (kolea), and Sophora chrysophylla (HINHP Database 2000).
    The threats to Zanthoxylum hawaiiense on Molokai include browsing, 
grazing, and trampling by feral goats; competition with non-native 
plant species; habitat degradation and destruction by humans, and 
extinction from naturally occurring events (primarily fire) and/or from 
reduced reproductive vigor due to the small number of individuals and 
populations (59 FR 10305; USFWS 1996b).

[[Page 83173]]

    A summary of populations and landownership for these 40 plant 
species on Molokai is given in Table 3.

                  Table 3.--Summary of Populations and Landownership for 40 Species on Molokai.
----------------------------------------------------------------------------------------------------------------
                                                 Number of                       Landownership
                   Species                        current     --------------------------------------------------
                                                populations        Federal           State           Private
----------------------------------------------------------------------------------------------------------------
Adenophorus periens.........................               1   ...............  ...............               X
Alectryon macrococcus.......................               6   ...............               X                X
Bidens wiebkei..............................               3   ...............               X                X
Brighamia rockii............................               5   ...............               X                X
Canavalia molokaiensis......................               7   ...............              X*                X
Centaurium sebaeoides.......................               2                X   ...............               X
Clermontia oblongifolia brevipes ssp........               1   ...............  ...............               X
Ctenitis squamigera.........................               1   ...............  ...............               X
Cyanea dunbarii.............................               1   ...............               X   ...............
Cyanea grimesiana ssp. grimesiana...........               3   ...............               X                X
Cyanea mannii...............................               9   ...............               X                X
Cyanea procera..............................               5   ...............               X                X
Diellia erecta..............................               4   ...............               X                X
Hedyotis mannii.............................               1   ...............  ...............               X
Hesperomannia arborescens...................               1   ...............               X   ...............
Hibiscus arnottianus ssp. immaculatus.......               2   ...............               X                X
Ischaemum byrone............................               2   ...............               X                X
Labordia triflora...........................               1   ...............  ...............               X
Lysimachia maxima...........................               1   ...............  ...............               X
Mariscus fauriei............................               1   ...............               X   ...............
Marsilea villosa............................               4   ...............               X                X
Melicope mucronulata........................               1   ...............               X                X
Melicope reflexa............................               3   ...............               X                X
Neraudia sericea............................               1   ...............  ...............               X
Peucedanum sandwicense......................               5   ...............              X*                X
Phyllostegia mannii.........................               1   ...............  ...............               X
Plantago princeps...........................               1   ...............  ...............               X
Platanthera holochila.......................               1   ...............  ...............               X
Pritchardia munroi..........................               1   ...............  ...............               X
Schiedea lydgatei...........................               2   ...............               X                X
Schiedea nuttallii..........................               1   ...............  ...............               X
Schiedea sarmentosa.........................               2   ...............               X                X
Sesbania tomentosa..........................               8   ...............               X                X
Silene alexandri............................               1   ...............  ...............               X
Silene lanceolata...........................               1   ...............  ...............               X
Spermolepis hawaiiensis.....................               1   ...............  ...............               X
Stenogyne bifida............................               4   ...............               X                X
Tetramolopium rockii........................               3   ...............              X*                X
Vigna o-wahuensis...........................               2   ...............  ...............               X
Zanthoxylum hawaiiense......................               2   ...............               X               X
----------------------------------------------------------------------------------------------------------------
*Some populations are on State land that is managed by the National Park Service at Kalaupapa National
  Historical Park.

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, Adenophorus periens, Alectryon macrococcus (as Alectryon 
macrococcum var. macrococcum and Alectryon mahoe), Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Hedyotis mannii (as Hedyotis 
thyrsoidea var. thyrsoidea), Hesperomannia arborescens (as 
Hesperomannia arborescens var. bushiana and var. swezeyi), Hibiscus 
arnottianus ssp. immaculatus (as Hibiscus immaculatus), Ischaemum 
byrone, Marsilea villosa, Melicope reflexa (as Pelea reflexa), Neraudia 
sericea (as Neraudia kahoolawensis), Peucedanum sandwicense (as 
Peucedanum kauaiense), Plantago princeps (as Plantago princeps var. 
elata, var. laxifolia, var. princeps), Pritchardia munroi (as 
Pritchardia munroii), Sesbania tomentosa (as Sesbania hobdyi and 
Sesbania tomentosa var. tomentosa), Silene alexandri, Silene 
lanceolata, Vigna o-wahuensis (as Vigna sandwicensis var. heterophylla 
and var. sandwicensis), and Zanthoxylum hawaiiense (as Zanthoxylum 
hawaiiense var. citiodora) were considered endangered; Diellia erecta 
and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense var. hawaiiense 
and var. velutinosum) were considered threatened; and, Labordia 
triflora, Melicope mucronulata (as Pelea mucronulata), Plantago 
princeps (as Plantago princeps var. acaulis, var. denticulata, and var. 
queleniana), and Tetramolopium rockii 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

[[Page 83174]]

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 
Labordia triflora. The list of 1,700 plant taxa was assembled on the 
basis of comments and data received by the Smithsonian Institution and 
the Service in response to House Document No. 94-51 and the July 1, 
1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
two years old be withdrawn. A one-year grace period was given to 
proposals already over two years old. On December 10, 1979, 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. The Service 
published updated notices of review for plants on December 15, 1980 (45 
FR 82479), September 27, 1985 (50 FR 39525), February 21, 1990 (55 FR 
6183), September 30, 1993 (58 FR 51144), and February 28, 1996 (61 FR 
7596), and September 19, 1977 (62 FR 49398). A summary of the status 
categories for these 40 plant species in the 1980-1996 notices of 
review can be found in Table 4(a). We listed the 40 species as 
endangered or threatened between 1991 and 1999. A summary of the 
listing actions can be found in Table 4(b).

                                        Table 4(a).--Summary of Candidacy Status for 40 Plant Species on Molokai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Federal Register Notice of Review
                              Species                               ------------------------------------------------------------------------------------
                                                                           1980             1985             1990             1993             1996
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adenophorus periens................................................                C1               C1               C1
Alectryon macrococcus..............................................                C1               C1               C1
Bidens wiebkei.....................................................                C1               C1               C1
Brighamia rockii...................................................                C1               C1               C1
Canavalia molokaiensis.............................................                C1               C1               C1
Centaurium sebaeoides..............................................  ...............  ...............                C1
Clermontia oblongifolia ssp. brevipes..............................  ...............  ...............                C1
Ctenitis squamigera................................................                C1               C1               C1
Cyanea dunbarii....................................................
Cyanea grimesiana ssp. grimesiana..................................                C1               C1 ...............                C2
Cyanea mannii......................................................  ...............  ...............                C1
Cyanea procera.....................................................  ...............  ...............                C1*
Diellia erecta.....................................................                C1               C1               C1
Hedyotis mannii....................................................                C1*              C1*              C1
Hesperomannia arborescens..........................................                C1               C1               C1
Hibiscus arnottianus ssp. immaculatus..............................                C1               C1               C1
Ischaemum byrone...................................................                C1               C1               C1
Labordia triflora..................................................                C2               C2 ...............  ...............                C
Lysmachia maxima...................................................  ...............  ...............                C2               C2
Mariscus fauriei...................................................  ...............  ...............                C1
Marsilea villosa...................................................                C1               C1               C1
Melicope mucronulata...............................................                C1               C1               C1
Melicope reflexa...................................................                C1               C1               C1
Neraudia sericea...................................................              3A               3A                 C1
Peucedanum sandwicense.............................................                C2               C2               C2
Phyllostegia mannii................................................  ...............  ...............                C1
Plantago princeps..................................................                C2               C2               C1
Platanthera holochila..............................................                C1               C1               C1               C2
Pritchardia munroi.................................................                C1               C1               C1
Schiedea lydgatei..................................................  ...............                C1               C1
Schiedea nuttallii.................................................  ...............  ...............  ...............                C2
Schiedea sarmentosa................................................  ...............  ...............                C2               C2
Sesbania tomentosa.................................................                C1*              C1*              C1
Silene alexandri...................................................                C1               C1               C1
Silene lanceolata..................................................                C1               C1               C1
Spermolepis hawaiiensis............................................  ...............  ...............                C1
Stenogyne bifida...................................................  ...............  ...............                C1
Tetramolopium rockii...............................................                C1               C1               C1
Vigna o-wahuensis..................................................                C1               C1               C1
Zanthoxylum hawaiiense.............................................                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

[[Page 83175]]

    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 one of these plants (Labordia triflora) and not prudent for 
the other 39 plants because it would not benefit the plant and/or would 
increase the degree of threat to the species.
    The not prudent determinations 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 (the Court) directed us to review the prudency determinations 
for 245 listed plant species in Hawaii, including these 39 species. 
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).

                     Table 4(b).--Summary of Listing Actions for 40 Plant Species on Molokai
----------------------------------------------------------------------------------------------------------------
                                                        Proposed rule                      Final rule
                                  Federal    -------------------------------------------------------------------
           Species                 status                          Federal                           Federal
                                                   Date           Register           Date           Register
----------------------------------------------------------------------------------------------------------------
Adenophorus periens..........  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Alectryon macrococcus........  E                    05/24/91  56 FR 23842             05/15/92  57 FR 20772
Bidens wiebkei...............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Brighamia rockii.............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Canavalia molokaiensis.......  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Centaurium sebaeoides........  E                    09/28/90  55 FR 39664             10/29/91  56 FR 55770
Clermontia oblongifolia ssp.   E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
 brevipes.
Ctenitis squamigera..........  E                    06/24/93  58 FR 34231             09/09/94  59 FR 49025
Cyanea dunbarii..............  E                    10/02/95  60 FR 51436             10/10/96  61 FR 53130
Cyanea grimesiana ssp.         E                    10/02/95  60 FR 51417             10/10/96  61 FR 53108
 grimesiana.
Cyanea mannii................  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Cyanea procera...............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Diellia erecta...............  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Hedyotis mannii..............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Hesperomannia arborescens....  E                    10/14/92  57 FR 47028             03/28/94  59 FR 14482
Hibiscus arnottianus ssp.      E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
 immaculatus.
Ischaemum byrone.............  E                    12/17/92  57 FR 59951             03/04/94  59 FR 10305
Labordia triflora............  E                    05/15/97  62 FR 26757             09/03/99  64 FR 48307
Lysmachia maxima.............  E                    10/02/95  60 FR 51436             10/10/96  61 FR 53130
Mariscus fauriei.............  E                    12/17/92  57 FR 59951             03/04/94  59 FR 10305
Marsilea villosa.............  E                    02/15/91  56 FR 6349              06/22/92  57 FR 27863
Melicope mucronulata.........  E                    05/24/91  56 FR 23842             05/15/92  57 FR 20772
Melicope reflexa.............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Neraudia sericea.............  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Peucedanum sandwicense.......  T                    10/30/91  56 FR 55862             02/25/94  59 FR 9304
Phyllostegia mannii..........  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Plantago princeps............  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Platanthera holochila........  E                    10/02/95  60 FR 51417             10/10/96  61 FR 53108
Pritchardia munroi...........  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Schiedea lydgatei............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Schiedea nuttallii...........  E                    10/02/95  60 FR 51417             10/10/96  61 FR 53108
Schiedea sarmentosa..........  E                    10/02/95  60 FR 51436             10/10/96  61 FR 53130
Sesbania tomentosa...........  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Silene alexandri.............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Silene lanceolata............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Spermolepis hawaiiensis......  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Stenogyne bifida.............  E                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Tetramolopium rockii.........  T                    09/20/91  56 FR 47718             10/08/92  57 FR 46325
Vigna o-wahuensis............  E                    09/14/93  58 FR 48012             11/10/94  59 FR 56333
Zanthoxylum hawaiiense.......  E                    12/17/92  57 FR 59951             03/04/94  59 FR 10305
----------------------------------------------------------------------------------------------------------------
Key:
E=Endangered
T=Threatened

    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

[[Page 83176]]

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 (24 F. 
Supp. 2d 1074).
    At the time we listed Labordia triflora (64 FR 48307) we determined 
that designation of critical habitat was prudent and that we would 
develop critical habitat designations for this taxon, along with nine 
others, at the same time we developed designations for the 245 Hawaiian 
plant species. This timetable was challenged in Conservation Council 
for Hawaii v. Babbitt. Civ. No. 99-00283 HG (D. Haw. Aug. 19, 1999, 
Feb. 16, 2000, and March 28, 2000). The Court agreed, however, that it 
was reasonable for us to integrate these ten Maui Nui (Maui, Lanai, 
Molokai, and Kahoolawe) plant taxa into the schedule established for 
designating critical habitat for the other 245 Hawaiian plants, and 
ordered us to publish proposed critical habitat designations for the 
ten Maui Nui species by November 30, 2000, and to publish final 
critical habitat designations by November 30, 2001. This notice 
responds to the Court orders.
    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 suggested, may lead to designation based on 
guesswork. The respondents who supported the designation of critical 
habitat cited that designation will: provide a uniform protection plan 
for the Hawaiian Islands; promote funding for management of these 
plants; educate the public and State government; and protect 
partnerships with landowners and build trust.
    On February 18, 2000, we mailed letters to over 100 landowners on 
the island of Molokai requesting any information considered germane to 
the management of any of the 255 plants on his/her property, and 
containing a copy of the November 30, 1998, Federal Register notice, a 
map showing the general locations of the plants that may be on his/her 
property, and a handout containing general information on critical 
habitat. We received 25 written responses to our landowner mailing with 
varying types of information on their current land management 
activities. Some landowners reported that they are not conducting 
conservation management actions on their lands while others provided 
information on various activities such as fencing, weeding, ungulate 
control, hunting, control of human access, scientific research, fire 
control, and propagation and/or planting of native plants. We held one 
open house on the island of Molokai, at the Mitchell Pauole Community 
Center, on March 15, 2000, to meet one-on-one with local landowners and 
other interested members of the public. A total of 14 people attended 
the open house. In addition we met with Maui County Division of 
Forestry and Wildlife staff and discussed their management activities 
on Molokai.
    On November 7, 2000, we published the first of the court-ordered 
prudency determinations and proposed critical habitat designations for 
Kauai and Niihau plants (65 FR 66808). The prudency determinations and 
proposed critical habitat designations for Maui and Kahoolwe plants 
were published on December 18, 2000 (65 FR 79192), and for Lanai plants 
on December 27, 2000. In those proposals we determined that critical 
habitat was prudent for 19 species (Adenophorus periens, Alectryon 
macrococcus, Centarium sebaeoides, Ctenitis squamigera, Cyanea 
grimesiana ssp. grimesiana, Diellia erecta, Hedyotis mannii, 
Hesperomannia arborescens, Ischaemum byrone, Melicope mucronulata, 
Neraudia sericea, Peucedanum sandwicense, Plantago princeps, 
Platanthera holochila, Schiedea nuttallii, Sesbania tomentosa, 
Spermolepis hawaiiensis, Vigna-owahuensis, and Zanthoxylum hawaiiense) 
that occur on Molokai as well as on Kauai, Niihau, Maui, Kahoolawe, 
and/or Lanai.

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 proposed 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

[[Page 83177]]

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 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.

A. 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 20 species at issue, we analyzed the potential threats and benefits 
for each species in accordance with the court's order. Due to low 
numbers of individuals and/or populations and their inherent 
immobility, the 20 plants may be vulnerable to unrestricted collection, 
vandalism, or disturbance. We have examined the evidence currently 
available for each of these taxa and have found specific evidence of 
taking, vandalism, collection or trade for one species of Pritchardia, 
the native palm on Molokai. At the time of listing, we determined that 
designation of critical habitat was not prudent for Pritchardia munroi 
because it would increase the degree of threat from vandalism or 
collecting, and would provide no benefit (57 FR 46325). Recently we 
received information on the commercial trade in palms conducted through 
the internet (Grant Canterbury, USFWS, in litt. 2000). Several 
nurseries advertise and sell seedlings and young plants, including 13 
species of Hawaiian Pritchardia. Seven of these species are federally 
protected, including Pritchardia munroi. In light of this information, 
we believe that designation of critical habitat would likely increase 
the threat from vandalism or collection to this species of Pritchardia 
on Molokai. First, it is easy to identify, and second, it may be 
attractive to collectors of rare palms either for their personal use or 
to trade or sell for personal gain (Johnson 1996). We believe that the 
evidence shows that this species of palm may be attractive to such 
collectors. The final listing rule for this species contained only 
general information on its distribution, but the publication of precise 
maps and descriptions of critical habitat in the Federal Register would 
make this species more vulnerable to incidents of vandalism or 
collection, and therefore, make recovery more difficult and contribute 
to the decline of this species (57 FR 46325).

[[Page 83178]]

    In addition, we believe that designation would not provide 
significant benefits that would outweigh these increased risks. First, 
Pritchardia munroi does not occur on Federal land. The private land 
where it is found is zoned for agriculture, though the single tree has 
been fenced (HINHP Database 2000). In addition, this species is found 
in a small ravine in an area that is remote and inaccessible to 
standard vehicles. It is, therefore, unlikely that the land on which it 
is found will be developed. Since there does not appear to be any 
actions in the future that would involve a Federal agency, designation 
of critical habitat would not provide any additional protection to the 
species that it does not already have through listing alone. If however 
in the future any Federal involvement did occur, such as through the 
permitting process or funding by the U.S. Department of Agriculture, 
the U.S. Department of Interior, the Corps through section 404 of the 
Clean Water Act, the U.S. Federal Department of Housing and Urban 
Development or the Federal Highway Administration, the actions would be 
subject to consultation under section 7 of the Act.
    We acknowledge that critical habitat designation, in some 
situations, may provide some value to the species, for example, by 
identifying areas important for conservation and calling attention to 
those areas in need of special protection. However, for this species, 
we believe that the benefits of designating critical habitat do not 
outweigh the potential increased threats from vandalism or collection. 
Given all of the above considerations, we propose that designation of 
critical habitat for Pritchardia munroi is not prudent.
    We examined the evidence for the other 19 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 19 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 19 species, there would be some benefits to 
critical habitat. The primary regulatory effect of critical habitat is 
the section 7 requirement that Federal agencies refrain from taking any 
action that destroys or adversely affects critical habitat. At least 
four of these species are reported from Federal lands or lands under 
Federal jurisdiction (Canavalia molokaiensis, Centaurium sebaeoides, 
Peucedanum sandwicense, and Tetramalopium rockii) (see Table 3), where 
most actions would be subject to section 7. While a majority of these 
species are located exclusively on non-Federal lands with limited 
Federal activities, there could be Federal actions affecting these 
lands in the future. While a critical habitat designation for habitat 
currently occupied by these species would be unlikely 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 also may be some educational or informational 
benefits to the designation of critical habitat. Educational benefits 
include the notification of land owners, 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 19 plant 
species: Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, 
Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea mannii, 
Cyanea procera, Hibiscus arnottianus ssp. immaculatus, Lysimachia 
maxima, Mariscus fauriei, Marsilea villosa, Melicope reflexa, 
Phyllostegia mannii, Schiedea lydgatei, Schiedea sarmentosa, Silene 
alexandri, Silene lanceolata, Stenogyne bifida, and Tetramolopium 
rockii.

B. 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 32 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.

C. Methods for Selection of Areas for Proposed Critical Habitat 
Designations

    Critical habitat is defined as the specific areas within the 
geographic area occupied by the species, at the time it is listed in 
accordance with the provisions of section 4 of the Act, on which are 
found those physical and biological features (I) essential to the 
conservation of the species and (II) which may require special 
management considerations or protection (16 U.S.C. 1532(5)(A)(i)). As 
discussed above, very little is known about the specific physical and 
biological requirements of most of these 40 species. Therefore, 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 the plants are growing in, their physical location 
(e.g., steep rocky cliffs, talus slopes, stream banks), and elevation. 
The areas we are proposing to designate as critical habitat provide 
some or all of the habitat components

[[Page 83179]]

essential for the conservation of the plant species.
    Critical habitat may also include areas outside the geographic area 
presently occupied by a species upon 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. 
However, we have not included such areas in the proposed designations 
for these 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.
    The 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., 
East Molokai, Kamakou, Pelekunu). 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 40 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 information available to 
determine areas that contain those physical and biological features 
that are essential for the survival and recovery of the 40 plant 
species. This information included site-specific species information 
from the Hawaii Natural Heritage Program (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 39 of these 40 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, USFWS 1995a, 1995b, 1996a, 1996b, 
1996c, 1997, 1998a, 1998b, 1998c; 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 (USFWS 1999). 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).
    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 proposed 
critical habitat designations in this proposed rule do not include all 
of the habitat, particularly unoccupied habitat, identified by the 
HPPRCC.
    For these plant species from Molokai, currently occupied habitat 
was examined and critical habitat boundaries were delineated in such a 
way that locations with a high density of endangered and threatened 
plants could be depicted clearly (multi-species units). However, these 
multi-species critical habitat units are not homogenous or uniform in 
nature. Critical habitat units often encompassed 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. The 536 m (1,760 ft) 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 exclosures for rare plants (USFWS 1995a, 1995b, 1996a, 
1996b, 1996c, 1997, 1998a, 1998b, 1998c, 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; 
USFWS 1995a, 1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c, 
1999).
    The manner in which we delineated each multi-species proposed 
critical habitat unit is described below.

--Known current locations of each species were delineated using the 
guidelines explained above (Figure 1(a)).
--The perimeter boundaries of individual circular areas were connected 
to form unit area boundaries (Figure 1(b)).
--Unit area boundaries were delineated to follow significant 
topographic features (50 CFR 424.12(c)) such as coastlines, ridgelines, 
and valleys (Figure 1(c)).

[[Page 83180]]

[GRAPHIC] [TIFF OMITTED] TP29DE00.000

[GRAPHIC] [TIFF OMITTED] TP29DE00.001

[GRAPHIC] [TIFF OMITTED] TP29DE00.002

    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 32 
species.
    Within the critical habitat boundaries, adverse modification 
generally would only 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 (indigenous 
places of worship or shrines), 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 generally would not be impacted by the designation of 
critical habitat.
    All currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of these 
40 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, each public 
(i.e., any county, state, or Federal government office holdings) and 
private landowner on Molokai with a known occurrence of one of the 40 
species was contacted by mail. We reviewed all information received 
during the public comment period, in response to our landowner mailing 
and at an open house held in Kaunakakai, Molokai on March 15, 2000. 
When clarification was required on the information provided to us, we 
followed up with a telephone contact.
    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

[[Page 83181]]

management plans or agreements, we considered the following:

--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; USFWS 
1995a, 1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c, 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; USFWS 
1995a, 1995b,1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c; 1999).
--The recommendations from the HPPRCC in their 1998 report to the 
Service (``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.
--The management actions needed for assurance of survival and ultimate 
recovery of Hawaii's endangered plants. These actions are described in 
the Service's recovery plans for 39 of the 40 species (USFWS 1995a, 
1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c, 1999), in the 
1998 HPPRCC report to the Service (HPPRCC 1998), 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 
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) 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 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:

--Feral ungulate control;
--Non-native plant control;
--Rodent control;
--Invertebrate pest control;
--Fire control;
--Maintenance of genetic material of the endangered and threatened 
plant species;
--Propagation; reintroduction and/or augmentation of existing 
populations into areas deemed essential for the recovery of the 
species;
--Ongoing management of the wild, outplanted and augmented populations;
--Maintenance of natural pollinators and pollinating systems, when 
known;
--Habitat management and restoration in areas deemed essential for the 
recovery of the species;
--Monitoring of the wild, outplanted and augmented populations;
--Rare plant surveys;
--Control of human activities/access.

    As shown in Table 3, these 40 species of plants occur on Federal, 
State, and private lands on the island Molokai. In response to our two 
public notices, letters to the landowners, open houses, and meetings, 
along with information in our files, we received varying amounts and 
various types of information on the conservation management actions 
occurring on these lands. Some landowners reported that they are not 
conducting conservation management actions on their lands while others 
provided information on various activities such as fencing, weeding, 
ungulate control, hunting, control of human access, scientific 
research, fire control, and propagation and/or planting of native 
plants.
    Four species (Canavalia molokaiensis, Centaurium sebaeiodes, 
Peucedanum sandwicense, Tetramolopium rockii) are reported from 
Kalaupapa National Historical Park, Molokai (GDSI 2000; HINHP Database 
2000). This national historical park, which is found on state-owned 
land, is managed by the National Park Service under a cooperative 
agreement between the State of Hawaii and the National Park Service 
(Gary Barbano, National Park Service, pers. comm. 2000). Although the 
National Park Service conducts some conservation management actions on 
these lands and provides access to others who are conducting such 
activities, there are no comprehensive management plans for the long-
term conservation of endangered and threatened plants on these lands 
and no assurances that management actions will be implemented. 
Therefore, we can not at this time find that management on this land 
under Federal jurisdiction is adequate to preclude a proposed 
designation of critical habitat.
    Twenty-three species (Adenophorous periens, Alectryon macrococcus, 
Brighamia rockii, Canavalia molokaiensis, Clermontia oblongifolia ssp. 
brevipes, Ctenitis squamigera, Cyanea mannii, Cyanea procera, Diellia 
erecta, Hedyotis mannii, Lysimachia maxima, Marsilea villosa, Melicope 
mucronulata, Peucedanum sandwicense, Phyllostegia mannii, Plantago 
princeps, Platanthera holochila, Schiedea nuttallii, Schiedea 
sarmentosa, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuense, 
Zanthoxylum hawaiiense) are reported from The Nature Conservancy's 
Moomomi, Kamakou, and Pelekunu Preserves which are located on the 
northwest coast (Moomomi) and in the East Molokai mountains (Kamakou 
and Pelekunu) (GDSI 2000; HINHP database 2000; The Nature Conservancy 
of Hawaii (TNCH) 1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). Two of 
the preserves (Moomomi and Pelekunu) are owned by The Nature 
Conservancy while Kamakou was established by a grant of perpetual 
conservation easement from the private landowner to TNCH. All three 
preserves are 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 1993, 
1994a, 1994b, 1997, 1999a, 1999b, 1999c).
    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

[[Page 83182]]

qualified landowner according to a detailed management plan approved by 
the Board of Land and Natural Resources. Once approved, the six-year 
partnership agreement between the State and the managing entity is 
automatically renewed each year so that there is always six years 
remaining in the term, although the management plan is updated and 
funding amounts are re-authorized by the board at least every six 
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 six 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 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; Hawaii Administrative Rules 
Sec. 13-210.
    Management programs within the preserves are 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 preserves and in adjacent areas (TNCH 
1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). These management 
measures address factors which led to the listing of the 23 species 
including control of non-native species of ungulates, rodents, weeds, 
and fire. In addition, habitat restoration and monitoring are also 
included in these plans.

Kamakou Preserve

    The primary management goals within Kamakou Preserve are to (1) 
prevent degradation of native forest by reducing feral ungulate damage; 
(2) improve or maintain the integrity of native ecosystems in selected 
areas of the preserve by reducing the effects of non-native plants; and 
(3) suppress wildfires.
    Specific management actions to address feral ungulate impacts 
include the construction of fences, including strategic fencing (fences 
placed in proximity to natural barriers such as cliffs); staff hunting; 
and implementation of organized hunting through the Molokai Hunters 
Working Group. By monitoring ungulate activity within the preserve, the 
staff are able to direct hunters to problem areas, thereby increasing 
hunting success. If increased hunting pressure does not reduce feral 
ungulate activity in the preserve, the preserve staff will work with 
the hunting group to identify and implement alternative methods (TNCH 
1994, 1999).
    The non-native plant control program within Kamakou Preserve 
focuses on habitat modifying non-native plants (weeds) and prioritizes 
them according to the degree of threat to native ecosystems. A weed 
priority list has been compiled for the preserve, and control and 
monitoring of the highest priority species are on-going. Weeds are 
controlled manually, chemically, or a through a combination of both. 
Preventative measures (prevention protocol) are required by all 
(volunteers, riders to the Preserve and hiking participants) who enter 
the Preserve. This protocol includes such things as brushing footgear 
before entering the Preserve to remove seeds of non-native plants. In 
addition, the staff are actively promoting awareness of alien plants in 
Hawaii and their impacts to native ecosystems in the local communities 
on Molokai through public education at schools, fairs, and displays at 
the airport.
    Wildfire presuppression and response plans are coordinated with the 
Maui County Fire Department and the DOFAW Maui District Forester. The 
Kamakou Wildfire Management Plan is reviewed annually with the fire 
department and updated as necessary (TNCH 1994, 1999). In the event of 
fires in areas bordering the preserve staff from Kamakou assist with 
fire suppression in concert with DOFAW staff.
    Natural resource monitoring and research addresses the need to 
track the biological and physical resources of the preserve and 
evaluate changes in these resources to guide management programs. 
Vegetation is monitored throughout the preserve to document long term 
ecological changes; rare plant species are monitored to assess 
population status; and, following fires on the boundaries or within the 
preserve, burned areas are assessed for ingress of weeds and recovery 
of native plants. In addition, the preserve staff provide logistical 
support to scientists and others who are conducting research within the 
preserve.
    In addition, TNCH, DOFAW, USFWS and other Federal agencies 
including the National Park Service, and neighboring landowners of East 
Molokai's watershed areas have formed a partnership (East Molokai 
Watershed Partnership) through a memorandum of understanding to ensure 
the protection of over 22,000 acres on the island. While the 
partnership is still in its infancy, the members have agreed, in 
principle, to participate in cooperative management activities within 
the East Molokai watershed because they believe that effective 
management is best achieved through the coordinated actions of all 
major landowners in the watershed.

Moomomi Preserve

    The primary management goals within Moomomi Preserve are to (1) 
prevent degradation of natural communities by reducing feral ungulate 
damage; and (2) improve or maintain the integrity of native ecosystems 
in selected areas of the preserve by reducing the effects of non-native 
plants (TNCH 1999).
    Specific management actions to address feral ungulate impacts 
include the construction of a perimeter fence to keep out livestock and 
an agreement with the neighboring landowner, Molokai Ranch, in which 
they will remove livestock within 48 hours of ingress. Analysis of the 
monitoring data collected within the axis deer exclosure will guide 
future management strategies (TNCH 1999).
    As with the Kamakou Preserve, the non-native plant control program 
within Moomomi Preserve focuses on habitat modifying non-native plants 
(weeds) and prioritizes them according to the degree of threat to 
native ecosystems. A weed priority list has been compiled for the 
preserve, and control and monitoring of the highest priority species 
are on-going. Weeds are controlled manually, chemically, or a through a 
combination of both. Preventative measures (prevention protocol) are 
required by all (volunteers, riders to the Preserve and hiking 
participants) who enter the Preserve. This protocol includes such 
things as brushing footgear before entering the Preserve to remove 
seeds of non-native plants. In addition, the staff are actively 
promoting awareness of alien plants in Hawaii and their impacts to 
native ecosystems in the local communities on Molokai through public 
education at schools, fairs, and displays at the airport (TNCH 1999).
    Natural resource monitoring and research addresses the need to 
track the biological and physical resources of the preserve and 
evaluate changes in these resources to guide management programs. 
Vegetation is monitored

[[Page 83183]]

throughout the preserve to document long term ecological changes; rare 
plant species are monitored to assess population status. In addition, 
the preserve staff provide logistical support to scientists and others 
who are conducting research within the preserve (TNCH 1999).

Pelekunu Preserve

    The primary management goals within Pelekunu Preserve are to (1) 
prevent degradation of native forest by reducing feral ungulate damage; 
and (2) improve or maintain the integrity of native ecosystems in 
selected areas of the preserve by reducing the effects of non-native 
plants.
    Specific management actions to address feral ungulate impacts 
include staff hunting; implementation of organized hunting through the 
Molokai Hunters Working Group; and quarterly transect and aerial 
monitoring of ungulate activity. By monitoring ungulate activity within 
the preserve, the staff are able to direct hunters to problem areas, 
thereby increasing hunting success. If increased hunting pressure does 
not reduce feral ungulate activity in the preserve, the preserve staff 
work with the hunting group to identify and implement alternative 
methods (TNCH 1999).
    As with the other two preserves on Molokai, the non-native plant 
control program within Pelekunu Preserve focuses on habitat modifying 
non-native plants (weeds) and prioritizes them according to the degree 
of threat to native ecosystems. A weed priority list has been compiled 
for the preserve, and control and monitoring of the highest priority 
species are on-going. Weeds are controlled manually, chemically, or a 
through a combination of both. Preventative measures (prevention 
protocol) are required by all (volunteers, riders to the Preserve and 
hiking participants) who enter the Preserve. This protocol includes 
such things as brushing footgear before entering the Preserve to remove 
seeds of non-native plants. In addition, the staff are actively 
promoting awareness of alien plants in Hawaii and their impacts to 
native ecosystems in the local communities on Molokai through public 
education at schools, fairs, and displays at the airport.
    Natural resource monitoring and research addresses the need to 
track the biological and physical resources of the preserve and 
evaluate changes in these resources to guide management programs. 
Vegetation is monitored throughout the preserve to document long term 
ecological changes; and rare plant species are monitored to assess 
population status. In addition, the preserve staff provide logistical 
support to scientists and others who are conducting research within the 
preserve.
    Because these plants and their habitats within the preserves 
receive long-term protection and management these lands are not in need 
of special management considerations or protection. Therefore, we have 
determined that the private lands within Moomomi Preserve, Kamakou 
Preserve, and Pelekunu Preserve do not meet the definition of critical 
habitat in the Act, and we are not proposing designation of these lands 
as critical habitat. Should the status of these reserves change, for 
example by non-renewal of a partnership agreement or termination of NAP 
funding, we will reconsider whether it then meets the definition of 
critical habitat. If so, we have the authority to proposed to amend 
critical habitat to include such area at that time. 50 CFR 424.12(g). 
Critical habitat is not proposed for six species, Adenophorous periens, 
Hedyotis mannii, Phyllostegia mannii, Plantago princeps, Platanthera 
holochila, and Schiedea nuttallii, that are currently only found in 
Kamakou Preserve and for one species, Lysimachia maxima, that is only 
found in Pelekunu Preserve.
    For the 40 species in this proposed rule for which primary 
constituent elements are known, we believe that Kamakou Preserve, 
Moomomi Preserve, and Pelekunu Preserve are the only potential critical 
habitat areas on Molokai at this time that do 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 lands within the proposed designations are actively managed to 
promote the conservation and recovery of the 40 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, the 
Service can consider this information when making a final determination 
of critical habitat.
    In addition, we are aware that other private landowners and the 
State of Hawaii are considering the development of land management 
plans or agreements that may promote the conservation and recovery of 
endangered and threatened plant species on the island of Molokai. The 
Service supports these efforts and provides technical assistance 
whenever possible. 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 32 plant species (Alectryon macrococcus, 
Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, Centarium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, 
Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, 
Cyanea procera, Diellia erecta, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Ischaemum byrone, Labordia triflora, 
Mariscus fauriei, Marsilea villosa, Melicope mucronulata, Melicope 
reflexa, Neraudia sericea, Peucedanum sandwicense, Schiedea lydgatei, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium 
rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense) 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, by land 
ownership, are shown in Table 5. Proposed critical habitat includes 
habitat for 32 species predominantly on the east side of Molokai. Lands 
proposed as critical habitat have been divided into 28 units.
    A brief description of each unit is presented below.

[[Page 83184]]

Descriptions of Critical Habitat Units

Molokai A
    The proposed unit Molokai A provides critical habitat for one 
species: Marsilea villosa. This unit contains a total of 73 hectares 
(ha) (180 acres (ac)). The land contained within this unit is owned by 
a private entity. The natural feature found in this unit is the western 
most portion of Kamakaipo Gulch.
Molokai B
    The proposed unit Molokai B provides critical habitat for one 
species: Marsilea villosa. This unit contains a total of 49 ha (121 
ac). The land contained within this unit is owned by the State. The 
natural features found in this unit are Ilio Point, Kawaihau and 
Keonehanau.

  Table 5.--Approximate Proposed Critical Habitat Area by Unit and Land Ownership, Molokai, Maui County, Hawaii
----------------------------------------------------------------------------------------------------------------
          Unit name                  State           Private          Federal                  Total
----------------------------------------------------------------------------------------------------------------
Molokai A....................  N/A.............  73 ha (180 ac).  N/A............  73 ha (180 ac)
Molokai B....................  49 ha (121 ac)..  N/A............  N/A............  49 ha (121 ac)
Molokai C....................  N/A.............  254 ha (628 ac)  N/A............  254 ha (628 ac)
Molokai D....................  213 ha (526 ac).  95 ha (235 ac).  N/A............  308 ha (761 ac)
Molokai E....................  72 ha (178 ac)..  N/A............  N/A............  72 ha (178 ac)
Molokai F....................  77 ha (190 ac)..  N/A............  N/A............  77 ha (190 ac)
Molokai G....................  N/A.............  649 ha (1,604    N/A............  649 ha (1,604 ac)
                                                  ac).
Molokai H....................  637 ha (1,574     302 ha (746 ac)  N/A............  939 ha (2,320 ac)
                                ac).
Molokai I....................  204 ha (504 ac).  N/A............  N/A............  204 ha (504 ac)
Molokai J....................  298 ha* (736 ac)  416 ha (1,028    N/A............  714 ha (1,764 ac)
                                                  ac).
Molokai K....................  36 ha (89 ac)...  91 ha (225 ac).  N/A............  127 ha (314 ac)
Molokai L....................  N/A.............  137 ha (339 ac)  N/A............  137 ha (339 ac)
Molokai M....................  N/A.............  122 ha (301 ac)  N/A............  122 ha (301 ac)
Molokai N....................  N/A.............  300 ha (741 ac)  N/A............  300 ha (741 ac)
Molokai O....................  N/A.............  44 ha (109 ac).  N/A............  44 ha (109 ac)
Molokai P....................  66 ha (163 ac)..  52 ha (128 ac).  N/A............  118 ha (291 ac)
Molokai Q....................  83 ha (205 ac)..  202 ha (499 ac)  N/A............  285 ha (704 ac)
Molokai R....................  30 ha (74 ac)...  92 ha (227 ac).  N/A............  122 ha (301 ac)
Molokai S....................  N/A.............  199 ha (492 ac)  N/A............  199 ha (492 ac)
Molokai T....................  N/A.............  125 ha (309 ac)  N/A............  125 ha 309 ac)
Molokai U....................  166 ha (410 ac).  28 ha (69 ac)..  N/A............  194 ha (479 ac)
Molokai V....................  136 ha (336 ac).  147 ha (363 ac)  N/A............  283 ha (699 ac)
Molokai W....................  1 ha (2 ac).....  N/A............  N/A............  1 ha (2 ac)
Molokai X....................  424 ha* (1,048    N/A............  N/A............  424 ha (1,048 ac)
                                ac).
Molokai Y....................  70 ha* (173 ac).  45 ha (111 ac).  N/A............   115 ha (284 ac)
Molokai Z....................  N/A.............  111 ha (274 ac)  N/A............  111 ha (274 ac)
Molokai Aa...................  109 ha (269 ac).  N/A............  5 ha (12 ac)...  114 ha (281 ac)
Molokai Bb...................  4 ha (10 ac)....  N/A............  N/A............  4 ha (10 ac)
    Total....................  2,674 ha (6,608   3,483 ha (8,608  5 ha (12 ac)...  6,163 ha (15,228 ac)
                                ac).              ac).
----------------------------------------------------------------------------------------------------------------
* Portions of unit are found in Kalaupapa National Historical Park which is managed by the National Park
  Service.

Molokai C
    The proposed unit Molokai C provides critical habitat for two 
species: Centaurium sebaeoides and Marsilea villosa. This unit contains 
a total of 254 ha (628 ac). The land contained within this unit is 
owned by a private entity. The natural features found in this unit are 
Pueoao, Kaeo and Mokio Point.
Molokai D
    The proposed unit Molokai D provides critical habitat for two 
species: Sesbania tomentosa and Tetramolopium rockii. This unit 
contains a total of 308 ha (761 ac). The lands contained within this 
unit is owned by the State's Department of Hawaiian Homelands and a 
private entity. The natural features found in this unit are Kawaaloa, 
Moomomi, Naaukahihi, Kawahuha, Kahinaakalani and Anahaki.
Molokai E
    The proposed unit Molokai E provides critical habitat for one 
species: Sesbania tomentosa. This unit contains a total of 72 ha (178 
ac). The land contained within this unit is owned by the State's 
Department of Hawaiian Homelands. The natural feature found in this 
unit is Nenehanaupo.
Molokai F
    The proposed nit Molokai F provides critical habitat for one 
species: Cyanea procera. This unit contains a total of 77 ha (190 ac). 
The land contained within this unit is owned by the State of Hawaii and 
is located within Puu Alii NAR. The natural features found in this unit 
are portions of the Waikolu Stream and Hanalilolilo.
Molokai G
    The proposed unit Molokai G provides critical habitat for 13 
species: Alectryon macrococcus, Bidens wiebkei, Cyanea mannii, Diellia 
erecta, Neraudia sericea, Schiedea lydgatei, Schiedea sarmentosa, 
Sesbania tomentosa, Silene lanceolata, Silene alexandri, Spermolepis 
hawaiiensis, Vigna o-wahuensis and Zanthoxylum hawaiiensis. This unit 
contains a total of 649 ha (1,604 ac). The lands contained within this 
unit are owned by private entities and are partially found within the 
Molokai Forest Reserve. The natural features found in this unit are Puu 
kolekole, Na Puu Kulua, Waiakuilani Gulch, Kapuaokoolau Gulch, 
Wahuaalapai and Makolelau.
Molokai H
    The proposed unit Molokai H provides critical habitat for six 
species: Alectryon macrococcus, Mariscus fauriei, Melicope mucronulata, 
Schidea lydgatei, Schiedea sarmentosa, and Sesbania tomentosa. This 
unit contains a total of 939 ha (2,320 ac). The lands contained within 
this unit are owned by

[[Page 83185]]

the State of Hawaii, including the Department of Hawaiian Homelands, 
and a private entity and are partially found within the State's Molokai 
Forest Reserve and Kamiloloa Plant Sanctuary. The natural features 
found in this area are Kamiloloa, Makakupaia, Onini Gulch, Ooa, 
Makakupaia 2, a portion of the south fork of Kaunakakai and Kamiloloa 
Gulches.
Molokai I
    The proposed unit Molokai I provides critical habitat for two 
species: Alectryon macrococcus and Canavalia molokaiensis. This unit 
contains a total of 204 ha (504 ac). The land contained within this 
unit is owned by the State of Hawaii and is found in the Molokai Forest 
Reserve. The natural features found in this unit are Kaunakakai Gulch, 
Puu Makaliilii and Kupaia Gulch.
Molokai J
    The proposed unit Molokai J provides critical habitat for three 
species: Canavalia molokaiensis, Cyanea dunbarii and Cyanea mannii. 
This unit contains a total of 714 ha (1,764 ac). The lands contained 
within this unit are owned by the State of Hawaii and private owners, 
and are found in the State's Molokai Forest Reserve, and lands under 
Federal management at Kalaupapa National Historical Park. The natural 
features found in this unit are Kapuna Spring, Mokomoka Gulch, 
Kalamaula, Waihanau Stream, Maunahui, Kaunakakai Gulch, Kaunakakai and 
Kahuaawi Gulch.
Molokai K
    The proposed unit Molokai K provides critical habitat for one 
species: Sesbania tomentosa. This unit contains a total of 127 ha (314 
ac). The lands contained within this unit are owned by the State's 
Department of Hawaiian Homelands and private entities. The natural 
feature found in this unit is Onini Gulch.
Molokai L
    The proposed unit Molokai L provides critical habitat for one 
species: Sesbania tomentosa. This unit contains a total of 137 ha (339 
ac). The lands contained within this unit are owned by private 
entities.
Molokai M
    The proposed unit Molokai M provides critical habitat for one 
species: Sesbania tomentosa. This unit contains a total of 122 ha (301 
ac). The lands contained within this unit are owned by private 
entities.
Molokai N
    The proposed unit Molokai N provides critical habitat for three 
species: Ctenitis squamigera, Cyanea mannii, and Labordia triflora. 
This unit contains a total of 300 ha (741 ac). The lands contained 
within this unit are owned by private entities. The natural features 
found in this unit are Puu Haha, Kaapahu, Haha Falls, Kalapa Konomanu, 
Kumueli Gulch, Helani Ridge, Kumueli, Kalapamoa Ridge, Kua Gulch, 
Wawaia Gulch and Helani Gulch.
Molokai O
    The proposed unit Molokai O provides critical habitat for one 
species: Clermontia oblongifolia ssp. brevipes. This unit contains a 
total of 44 ha (1089 ac). The lands contained within this unit are 
owned solely by a private owner. The natural features found in this 
unit are portions of the headwaters of the Kamalo Stream.
Molokai P
    The proposed unit Molokai P provides critical habitat for one 
species: Stenogyne bifida. This unit contains a total of 118 ha (291 
ac). The lands contained within this unit are owned by the State and 
private entities, and are located partially within the State's Molokai 
Forest Reserve. The natural features found in this unit are Pelekunu 
Gulch, Manawai Gulch, Kahananui Gulch and Ohia Gulch.
Molokai Q
    The proposed unit Molokai Q provides critical habitat for one 
species: Melicope reflexa. This unit contains a total of 285 ha (704 
ac). The lands contained within this unit are owned by the State and 
private entities, and are partially found within the State's Molokai 
Forest Reserve. The natural features found within this unit are Kapuna 
Gulch, Puu Lua, Kaupuuiki, Puu Lua Wailau, Puu ohelo, Kawaiuliuli, 
Waiopipi, Honomuni Gulch, Uluwini Gulch and Kupeke Gulch.
Molokai R
    The proposed unit Molokai R provides critical habitat for one 
species: Diellia erecta. This unit contains a total of 122 ha (301 ac). 
The lands contained within this unit are owned by the State and private 
entities, and are partially located within the State's Molokai Forest 
Reserve. The natural features found in this unit are Popaakai Gulch, 
Nawaihulili Stream, Moaula Stream, Hipuapua Stream, Hipuapua Falls, 
Moaula Falls, Halawa Valley, Halawa Stream, and Poala.
Molokai S
    The proposed unit Molokai S provides critical habitat for one 
species: Bidens wiebkei. This unit contains a total of 199 ha (492 ac). 
The land contained within this unit is owned by a private entity. The 
natural features found in this unit are Kawaikapu, Kepuna Gulch, 
Lamaloa Gulch, Halawaiki Gulch, Kuinanaho Gulch, Kaonihu and Lamaloa 
Head.
Molokai T
    The proposed unit Molokai T provides critical habitat for two 
species: Hibiscus arnottianus ssp. immaculatus and Ischaemum byrone. 
This unit contains a total of 125 ha (309 ac). The lands contained 
within this unit are owned by private entities. The natural features 
found in this unit are Kikipua Point, Waiokala, Papalaua Valley, Kahiwa 
Gulch and Kahiwa Falls.
Molokai U
    The proposed unit Molokai U provides critical habitat for two 
species: Cyanea grimesiana ssp. grimesiana and Melicope reflexa. This 
unit contains a total of 194 ha (479 ac). The lands contained within 
this unit are owned by the State and private owners, and are partially 
contained within the State's Molokai Forest Reserve. The natural 
features found in this unit are Kukuinai Ridge and Naehu.
Molokai V
    The proposed Unit V provides critical habitat for six species: 
Brighamia rockii, Cyanea grimesiana ssp. grimesiana, Hesperomannia 
arborescens, Hibiscus arnottianus ssp. immaculatus, Ischaemum byrone, 
and Peucedanum sandwicense. This unit contains a total of 283 ha (699 
ac). The lands contained within this unit are owned by the State and 
private owners, and are partially contained within the State's Olokui 
NAR and Molokai Forest Reserve. The natural features found in this unit 
are Waiehu, Wailele Falls, Wailau Stream, Kahawaiiki Stream and Lepau 
Point.
Molokai W
    The proposed unit Molokai W provides critical habitat for two 
species: Brighamia rockii and Peucedanum sandwicense. This unit 
contains a total of 1 ha (2 ac) and is owned by the State. This unit is 
the entire islet of Huelo which is the Huelo Bird Sanctuary.
Molokai X
    The proposed Unit X on the island of Molokai provides critical 
habitat for two species: Canavalia molokaiensis and Tetramolopium 
rockii. This unit contains a total of 424 ha (1,048 ac). The

[[Page 83186]]

land contained within this unit is owned by the State and is managed by 
the National Park Service at Kalaupapa National Historical Park. The 
natural features in this unit are Kiloia, Ka Lae, Keanakua, Kaaia, 
Meaula Ridge, Puu Kauwa, Kepono, Keawaiki, Waialeia Stream, Mokio, 
Makalii, Kalawao, Kuololimu, Alau and Kaupikiawa.
Molokai Y
    The proposed unit Molokai Y provides critical habitat for one 
species: Peucedanum sandwicense. This unit contains a total of 115 ha 
(284 ac). The lands contained within this unit are owned by the State's 
Department of Hawaiian Homelands and a private entity, and are found 
partially within the federally managed Kalaupapa National Historical 
Park and partially within the State's Palaau State Park. The natural 
features found in this unit are Awahua and Puwahi.
Molokai Z
    The proposed unit Molokai Z provides critical habitat for one 
species: Tetramolopium rockii. This unit contains a total of 111 ha 
(274 ac). The land contained within this unit is owned by a private 
owner. This unit is located on the southwestern edge of TNCH's Moomomi 
Preserve.
Molokai Aa
    The proposed unit Molokai Aa provides critical habitat for one 
species: Centarium sebaeoides. This unit contains a total of 114 ha 
(281 ac). The land contained within this unit is federally (Department 
of Treasury) and State owned, and managed by the National Park Service. 
This unit is located in Kalaupapa National Historical Park on the 
Kalaupapa Peninsula. The natural features found in this unit are 
Kapapakikane, Kahui Point, Lae Hoolehua, and Kaupikiawa.
Molokai Bb
    The proposed unit Molokai Bb provides critical habitat for one 
species: Peucedanum sandwicensis. This unit contains a total of 4 ha 
(10 ac). The land contained within this unit is owned by the State. 
This unit is the entire islet of Mokapu which is the Mokapu Bird 
Sanctuary.

Effects of Critical Habitat Designation

    Section 7(a) of the Act requires Federal agencies to ensure that 
actions they fund, authorize, or carry out do not jeopardize the 
continued existence of a listed species or destroy or adversely modify 
its critical habitat. Destruction or adverse modification of critical 
habitat is defined by our regulations as a 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 (50 CFR 402.02). 
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.
    Section 7(a) of the Act means that Federal agencies must 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. If a Federal action may affect a listed species or its 
critical habitat, the responsible Federal agency must enter into 
consultation with us. If, at the conclusion of consultation, we issue a 
biological opinion concluding that the 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 
destruction or adverse modification of critical habitat.
    Section 7(a)(4) 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 biological opinion that is prepared according 
to 50 CFR 402.12, as if critical habitat were designated. We may adopt 
the formal conference report as the biological opinion when 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).
    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 has been retained or is authorized 
by law. Consequently, some Federal agencies may request 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.
    Activities on lands being proposed as critical habitat for these 32 
species or activities that may indirectly affect such lands and that 
conducted by a Federal agency, funded by a Federal agency or require a 
permit from a Federal agency will be subject to the section 7 
consultation process. Federal actions not affecting critical habitat, 
as well as actions on non-Federal lands that are not federally funded 
or permitted, will not require Section 7 consultation.
    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 adversely 
modify such habitat or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat 
include 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 32 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) Activities that appreciably degrade or destroy habitat defined 
in the discussion of primary constituent elements including but not 
limited to: 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.

[[Page 83187]]

    (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.
    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 under section 404 of the Clean Water 
Act;
    (2) Development requiring permits from Federal agencies such as 
Housing and Urban Development;
    (3) Federally funded silviculture/forestry projects and research by 
the U.S. Department of Agriculture (Natural Resource Conservation 
Service and Forest Service);
    (4) Regulation of airport improvement activities by the Federal 
Aviation Administration jurisdiction;
    (5) Road construction and maintenance by, or funded by, the U.S. 
Department of Transportation;
    (6) 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;
    (7) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency under section 402 of the Clean Water Act;
    (8) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency;
    (9) Installation and maintenance of U.S. Coast Guard navigational 
aids;
    (10) Construction of communication sites licensed by the Federal 
Communications Commission; and
    (11) Construction activities by the U.S. Department of Interior 
(National Park Service);
    (12) Activities not mentioned above funded or authorized by the 
U.S. Department of Agriculture (Forest Service, Natural Resources 
Conservation Service), Department of Defense, Department of 
Transportation, 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/Permits.

Economic and Other Relevant Impacts Analysis

    Section 4(b)(2) of the Act requires that we designate critical 
habitat on the basis of the best scientific and commercial information 
available and consider the economic and other relevant impacts of 
designating a particular area as critical habitat. Consideration of 
economic and other impacts will take place in the final rule. See 50 
CFR 424.19. Although at this time we cannot identify any incremental 
effects of this proposed critical habitat designation above those 
impacts of listing, we will conduct an economic analysis to further 
evaluate this issue. We will conduct the economic analysis for this 
proposal prior to a final determination. When the draft economic 
analysis is completed, we will announce its availablility with a notice 
in the Federal Register, and we will have a comment period for 30 days 
at that time to accept comments.
    We will utilize the final economic analysis, and take into 
consideration all comments and information regarding economic or other 
impacts submitted during the public comment period and any public 
hearings, if requested, to make final critical habitat designations. We 
may exclude areas from critical habitat upon a determination that the 
benefits of such exclusions outweigh the benefits of specifying such 
areas as part of critical habitat; however, we cannot exclude areas 
from critical habitat when such exclusion will result in the extinction 
of the species.

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 rule, we do not propose to designate critical habitat on 
the private lands within Moomomi, Pelekunu, and Kamakou Preserves 
because these areas are dedicated to conservation and are managed for 
the benefit of the federally protected plant species found there. We 
believe that these areas are not in need of special management 
considerations or protection and, therefore, do not meet the definition 
of critical habitat in the Act. We are, however, specifically 
soliciting comments on the appropriateness of this approach.
    We also 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 
will generally consider the following:

--Whether or not a management plan or agreement exists which specifies 
the management actions being implemented, or if to be implemented, the 
schedule for implementation;
--Whether there are responsible party(ies), and funding source(s) or 
other resources necessary to implement the actions, with a high level 
of certainty that the funding will be provided; and
--The authority and long-term commitment of the party(ies) to the 
agreement or plan to implement the management action, 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 will 
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 State of Hawaii and some private landowners 
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 species on the island of 
Molokai. 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

[[Page 83188]]

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 critical habitat for any of these species is 
prudent or not prudent as provided by section 4 of the Act and 50 CFR 
424.12(a)(1), including whether the benefits of designation would 
outweigh any threats to these species due to designation;
    (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 Adenophorous periens, Alectryon macrococcus, Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Centarium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea 
procera, Diellia erecta, Hedyotis mannii, Hesperomannia arborescens, 
Hibiscus arnottianus ssp. immaculatus, Ischaemum byrone, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Marsilea villosa, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Plantago princeps, Platanthera 
holochila, Pritchardia munroi, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium 
rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense, and what habitat 
is essential to the conservation of the 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 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 potential values associated with designating 
critical habitat for the above 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).
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES). 
Our practice is to make comments, including names and home addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address, 
which we will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this request prominently at the beginning of your 
comment. However, we will not consider anonymous comments. To the 
extent consistent with applicable law, we will make all submissions 
from organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for 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.

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 data 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 (EO) 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 
pursuant to EO 12866 is required.
    The plants at issue were listed as endangered or threatened species 
between the years 1991 and 1999. The areas proposed for critical 
habitat are currently occupied by one or more of these species. Under 
section 7 of the Act, critical habitat may not be destroyed or 
adversely modified by a Federal agency action; it does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored or permitted by a Federal 
agency (See Table 6). Section 7 also requires Federal agencies to 
ensure that they do not jeopardize the continued existence of the 
species. Because of their limited number of individuals and 
populations, and limited range, we

[[Page 83189]]

conclude that any Federal action or authorized action that could 
potentially cause an adverse modification of the proposed critical 
habitat for any of the 32 species would also likely cause ``jeopardy'' 
to that species. Accordingly, the designation of currently occupied 
areas as critical habitat would 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 funding. 
Non-Federal persons that do not have a Federal involvement in their 
actions are not restricted by the designation of critical habitat.
    (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 the 
32 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.

  Table 6.--Impacts of Critical Habitat Designation for 32 Plants From
                                 Molokai
------------------------------------------------------------------------
                                                           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     hatitat areas.
                                 of Agriculture,
                                 Environmental
                                 Protection Agency,
                                 Federal Emergency
                                 Management Agency,
                                 Federal Aviation
                                 Administration..
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
                                 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.

    (d) This rule will not raise novel legal or policy issues. The 
proposed rule follows the requirements for determining critical habitat 
contained in the Endangered Species Act.

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

    In the economic analysis, 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 property owned by Federal and State 
governments, and private 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 Army Corps of Engineers 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) Federally funded silviculture/forestry projects and research by 
the U.S. Department of Agriculture (Natural Resource Conservation 
Service and Forest Service);
    (4) Regulation of airport improvement activities by the Federal 
Aviation Administration jurisdiction;
    (5) Road construction and maintenance by, or funded by, the U.S. 
Department of Transportation;
    (6) 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;
    (7) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency under section 402 of the Clean Water Act.;
    (8) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency;
    (9) Installation and maintenance of U.S. Coast Guard navigational 
aids;
    (10) Construction of communication sites licensed by the Federal 
Communications Commission; and
    (11) Construction activities by the U.S. Department of Interior 
(National Park Service);
    (12) Activities not mentioned above funded or authorized by the 
U.S. Department of Agriculture (Forest Service, Natural Resources 
Conservation Service), Department of Defense, Department of 
Transportation, 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 authorized or funded 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 
in section 1 above, these actions are currently required to comply with 
the protections of the Act that are triggered by listing, such as 
avoiding jeopardy to these species, 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

[[Page 83190]]

(such as funding or authorization), the current State restrictions 
concerning take of listed threatened or endangered plant species remain 
in effect, and this rule would impose no additional restrictions.

3. 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.

4. 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 
in section 1, these actions are currently subject to equivalent 
restrictions through the listing protections of the species, and no 
further restrictions are anticipated.
    (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.

5. 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 the 32 plant species. We do not anticipate that property values will 
be affected by the critical habitat designations. Landowners in areas 
that are included in the designated critical habitat will continue to 
have opportunity to utilize their property in ways consistent with 
State law and with the continued survival of the plant species.

6. 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 32 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.

7. 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 designate critical habitat in accordance with the 
provisions of the Endangered Species 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 32 plant species.

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

    This rule does not contain any information collection requirements 
for which OMB approval under the Paperwork Reduction Act is required.

9. 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. A notice 
outlining our reason for this determination was published in the 
Federal Register on October 25, 1983 (48 FR 49244). This proposed rule 
does not constitute a major Federal action significantly affecting the 
quality of the human environment.

10. 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.

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 (see ADDRESSES section).

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 Alectryon macrococcus, 
Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, Centarium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, 
Cyanea grimesiana

[[Page 83191]]

ssp. grimesiana, Cyanea mannii, Cyanea procera, Hesperomannia 
arborescens, Hibiscus arnottianus ssp. immaculatus, Ischaemum byrone, 
Labordia triflora, Mariscus fauriei, Melicope (=Pelea) mucronulata, 
Melicope reflexa, Neraudia sericea, Peucedanum sandwicense, Schiedea 
lydgatei, Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, 
Silene lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, 
Tetramolopium rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense 
under ``FLOWERING PLANTS'' and Ctenitis squamigera, Diellia erecta and 
Marsilea villosa, 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
 
                   *                  *                  *                  *                  *                  *                  *
Alectryon macroccoccus...........  Mahoe...............  U.S.A. (HI)........  Sapindaceae-         E                       467     17.96(a)           NA
                                                                               Soapberry.
 
                   *                  *                  *                  *                  *                  *                  *
Bidens wiebkei...................  Kookoolau...........  U.S.A. (HI)........  Asteraceae-          E                       480     17.96(a)           NA
                                                                               Sunflower.
 
                   *                  *                  *                  *                  *                  *                  *
Brighamia rockii.................  Olulu...............  U.S.A. (HI)........  Campanulaceae-Bell   E                       530     17.96(a)           NA
                                                                               flower.
 
                   *                  *                  *                  *                  *                  *                  *
Canavalia molokaiensis...........  Awikiwiki...........  U.S.A. (HI)........  Fabaceae-Legume....  E                       480     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Centaurium sebaeoides............  Awiwi...............  U.S.A. (HI)........  Gentianaceae-        E                       448     17.96(a)           NA
                                                                               Gentian.
 
                   *                  *                  *                  *                  *                  *                  *
Clermontia oblongifolia ssp.       Oha wai.............  U.S.A. (HI)........  Campanulaceae-Bell   E                       480     17.96(a)           NA
 brevipes.                                                                     flower.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea dunbarii..................  Haha................  U.S.A. (HI)........  Campanulaceae-Bell   E                       594     17.96(a)           NA
                                                                               flower.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea grimesiana ssp. grimesiana  Haha................  U.S.A. (HI)........  Campanulaceae-Bell   E                       592     17.96(a)           NA
                                                                               flower.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea mannii....................  Haha................  U.S.A. (HI)........  Campanulaceae-Bell   E                       480     17.96(a)           NA
                                                                               flower.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea procera...................  Haha................  U.S.A. (HI)........  Campanulaceae-Bell   E                       480     17.96(a)           NA
                                                                               flower.
 
                   *                  *                  *                  *                  *                  *                  *
Hesperomannia arborescens........  None................  U.S.A. (HI)........  Asteraceae-          E                       536     17.96(a)           NA
                                                                               Sunflower.
 
                   *                  *                  *                  *                  *                  *                  *
Hibiscus arnottianus ssp.          Kokio keokeo........  U.S.A. (HI)........  Malvaceae-Mallow...  E                       480     17.96(a)           NA
 immaculatus.
 
                   *                  *                  *                  *                  *                  *                  *
Ischaemum bryone.................  Hilo ischaemum......  U.S.A. (HI)........  Poaceae-Grass......  E                       532     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Labordia triflora................  Kamakahala..........  U.S.A. (HI)........  Loganiaceae-Logan..  E                       666     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Mariscus fauriei.................  None................  U.S.A. (HI)........  Cyperaceae-Sedge...  E                       532     17.96(a)           NA
 

[[Page 83192]]

 
                   *                  *                  *                  *                  *                  *                  *
Melicope (=Pelea) mucronulata....  Alani...............  U.S.A. (HI)........  Rutaceae-Rue.......  E                       467     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Melicope reflexa.................  Alani...............  U.S.A. (HI)........  Rutaceae-Rue.......  E                       480     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Neraudia sericea.................  None................  U.S.A. (HI)........  Urticaceae-Nettle..  E                       559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Peucedanum sandwicense...........  Makou...............  U.S.A. (HI)........  Apiaceae-Parsley...  T                       530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Schiedea lydgatei................  None................  U.S.A. (HI)........  Caryophyllaceae-     E                       480     17.96(a)           NA
                                                                               Pink.
 
                   *                  *                  *                  *                  *                  *                  *
Schiedea sarmentosa..............  None................  U.S.A. (HI)........  Caryophyllaceae-     E                       594     17.96(a)           NA
                                                                               Pink.
 
                   *                  *                  *                  *                  *                  *                  *
Sesbania tomentosa...............  Ohai................  U.S.A. (HI)........  Fabaceae-Legume....  E                       559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Silene alexandri.................  None................  U.S.A. (HI)........  Caryophyllaceae-     E                       480     17.96(a)           NA
                                                                               Pink.
 
                   *                  *                  *                  *                  *                  *                  *
Silene lanceolata................  None................  U.S.A. (HI)........  Caryophyllaceae-     E                       480     17.96(a)           NA
                                                                               Pink.
 
                   *                  *                  *                  *                  *                  *                  *
Spermolepis hawaiiensis..........  None................  U.S.A. (HI)........  Apiaceae-Parsley...  E                       559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Stenogyne bifida.................  None................  U.S.A. (HI)........  Lamiaceae-Mint.....  E                       480     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Tetramolopium rockii.............  None................  U.S.A. (HI)........  Asteraceae-          T                       480     17.96(a)           NA
                                                                               Sunflower.
 
                   *                  *                  *                  *                  *                  *                  *
Vigna o-wahuensis................  None................  U.S.A. (HI)........  Fabaceae-Legume....  E                       559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Zanthoxylum hawaiiense...........  Ae..................  U.S.A. (HI)........  Rutaceae-Rue.......  E                       532     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
         Ferns and Allies
 
                   *                  *                  *                  *                  *                  *                  *
Ctenitis squamigera..............  Pauoa...............  U.S.A. (HI)........  Aspleniaceae-        E                       553     17.96(a)           NA
                                                                               Spleenwort.
 
                   *                  *                  *                  *                  *                  *                  *
Diellia erecta...................  Asplenium leaved      U.S.A. (HI)........  Aspleniaceae-        E                       559     17.96(a)           NA
                                    diellia.                                   Spleenwort.
 
                   *                  *                  *                  *                  *                  *                  *
Marsilea villosa.................  Ihiihi..............  U.S.A. (HI)........  Marsileaceae-        E                       474     17.96(a)           NA
                                                                               Marselia.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 83193]]

    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)(F), 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.
* * * * *
    (F) Molokai. Critical habitat areas 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 28 critical habitat units designated on the island of Molokai.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.003
    

[[Page 83194]]


Critical Habitat Molokai Unit A (73 ha; 180 ac)
    Unit consists of the following nine points and the intermediate 
coastline: 676640, 2336512; 676640, 2336514; 676904, 2336494; 677235, 
2336150; 677203, 2335634; 676861, 2335347; 676443, 2335339; 676250, 
2335477; 676251, 2335477.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.004
    
Critical Habitat Molokai Unit B (49 ha; 121 ac)
    Unit consists of the following seven points and the intermediate 
coastline: 681491, 2347819; 681525, 2347655; 681398, 2347338; 681107, 
2347147; 680780, 2347124; 680587, 2347237; 680587, 2347242.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.005
    
Critical Habitat Molokai Unit C (254 ha; 628 ac)
    Unit consists of the following seven points and the intermediate 
coastline: 686185, 2347195; 686152, 2346870; 685737, 2346591; 684786, 
2346346; 683426, 2346387; 683093, 2346978; 683235, 2347250.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.006
    

[[Page 83195]]


Critical Habitat Molokai Unit D (308 ha; 761 ac)
    Unit consists of the following seven points and the intermediate 
coastline: 694720, 2345197; 694782, 2344764; 694149, 2344287; 693299, 
2344108; 691629, 2344413; 691383, 2344965; 691494, 2345158.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.007
    
Critical Habitat Molokai Unit E (72 ha; 178 ac)
    Unit consists of the following eight points and the intermediate 
coastline: 696491, 2344923; 696492, 2344923; 696513, 2344602; 696230, 
2344266; 695857, 2344202; 695415, 2344391; 695282, 2344860; 695376, 
2345085.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.008
    
Critical Habitat Molokai Unit F (77 ha; 190 ac)
    Unit consists of the following twelve boundary points: 716712, 
2337581. 716580, 2337654; 716662, 2338123; 717072, 2338381; 717424, 
2338357; 717740, 2338123; 717849, 2337728; 716851, 2337552; 716804, 
2337550; 716798, 2337555; 716769, 2337574; 716713, 2337581.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.009
    

[[Page 83196]]


Critical Habitat Molokai Unit G (649 ha; 1,604 ac)
    Unit consists of the following eleven boundary points: 718149, 
2335058; 718210, 2335097; 718915, 2333601; 718541, 2332609; 716606, 
2332055; 716139, 2332523; 716247, 2334342; 716654, 2335225; 717898, 
2334905; 717955, 2334888; 717969, 2334907.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.010
    
Critical Habitat Molokai Unit H (939 ha; 2,320 ac)
    Unit consists of the following fifteen boundary points: 715073, 
2335632; 714272, 2334677; 713628, 2334820; 710107, 2333328; 709463, 
2333507; 709260, 2334271; 709630, 2335202; 711539, 2335906; 711325, 
2336985; 712291, 2337541; 712769, 2336467; 713291, 2336291; 713217, 
2336246; 713076, 2336161; 713071, 2336154.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.011
    
Critical Habitat Molokai Unit I (204 ha; 504 ac)
    Unit consists of the following seven boundary points: 713530, 
2336433; 712780, 2336945; 712864, 2337613; 713640, 2338102; 714224, 
2338019; 714651, 2337113; 714627, 2337098.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.012
    

[[Page 83197]]


Critical Habitat Molokai Unit J (714 ha; 1,764 ac)
    Unit consists of the following fifteen boundary points: 711289, 
2341384; 712255, 2340095; 713126, 2340227; 713640, 2339630; 713258, 
2338914; 712625, 2338926; 712088, 2339332; 711301, 2339045; 712112, 
2338687; 712148, 2337708; 711217, 2337577; 710059, 2338794; 710024, 
2339570; 710489, 2340286; 710382, 2340847.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.013
    
Critical Habitat Molokai Unit K (127 ha; 314 ac)
    Unit consists of the following seven boundary points: 710982, 
2333123; 711568, 2332839; 711717, 2332325; 711434, 2331869; 710900, 
2331777; 710472, 2332099; 710381, 2332686.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.014
    
Critical Habitat Molokai Unit L (137 ha; 339 ac)
    Unit consists of the following eight boundary points: 714885, 
2332152; 715357, 2331885; 715429, 2331230; 715183, 2330831; 714703, 
2330746; 714265, 2330992; 714167, 2331587; 714367, 2332021.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.015
    

[[Page 83198]]


Critical Habitat Molokai Unit M (122 ha; 301 ac)
    Unit consists of the following seven boundary points: 716748, 
2331446; 717191, 2331185; 717253, 2330676; 716951, 2330171; 716313, 
2330233; 715973, 2330692; 716191, 2331324.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.016
    
Critical Habitat Molokai Unit N (300 ha; 741 ac)
    Unit consists of the following fifteen boundary points: 722270, 
2333916; 722443, 2333591; 722371, 2333139; 722016, 2332844; 721535, 
2332903; 720951, 2333534; 720468, 2333549; 720075, 2333794; 719953, 
2334346; 720198, 2334756; 720518, 2334933; 721004, 2334828; 721295, 
2334481; 721807, 2334411; 722031, 2334064.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.017
    
Critical Habitat Molokai Unit O (44 ha; 109 ac)
    Unit consists of the following seventeen boundary points: 719860, 
2335968; 719493, 2335459; 718713, 2335538; 719597, 2336291; 719603, 
2336276; 719620, 2336255; 719626, 2336226; 719623, 2336191; 719631, 
2336157; 719639, 2336135; 719657, 2336101; 719672, 2336081; 719694, 
2336066; 719735, 2336045; 719755, 2336030; 719781, 2336002; 719794, 
2335992.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.018
    

[[Page 83199]]


Critical Habitat Molokai Unit P (118 ha; 291 ac)
    Unit consists of the following eight boundary points: 723887, 
2334107; 724418, 2333859; 724467, 2333254; 724204, 2332957; 723802, 
2332837; 723440, 2332990; 723160, 2333488; 723454, 2333941.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.019
    
Critical Habitat Molokai Unit Q (285 ha; 704 ac)
    Unit consists of the following eight boundary points: 726254, 
2335771; 727798, 2336579; 728318, 2336555; 728597, 2336013; 728426, 
2335538; 726780, 2334697; 726306, 2334816; 726089, 2335373.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.020
    
Critical Habitat Molokai Unit R (122 ha; 301 ac)
    Unit consists of the following eight boundary points: 732455, 
2341104; 732704, 2340714; 732545, 2340158; 731888, 2339994; 731435, 
2340323; 731441, 2340821; 731645, 2341140; 732093, 2341287.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.021
    

[[Page 83200]]


Critical Habitat Molokai Unit S (199 ha; 492 ac)
    Unit consists of the following nine points and the intermediate 
coastline: 734741, 2342919; 734879, 2342711; 734820, 2342320; 734020, 
2341450; 733685, 2341380; 733205, 2341646; 733120, 2342247; 733902, 
2343068; 733923, 2343082.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.026
    
Critical Habitat Molokai Unit T (125 ha; 309 ac)
    Unit consists of the following eight points and the intermediate 
coastline: 728702, 2342486; 728109, 2341927; 727848, 2341860; 727550, 
2341914; 727329, 2342114; 727236, 2342328; 727235, 2342611; 727358, 
2342827.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.022
    
Critical Habitat Molokai Unit U (194 ha; 479 ac)
    Unit consists of the following nine boundary points: 725621, 
2341045; 726046, 2340710; 726486, 2339828; 726437, 2339432; 726103, 
2339195; 725666, 2339128; 725392, 2339392; 724991, 2340179; 724976, 
2340681.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.023
    

[[Page 83201]]


Critical Habitat Molokai Unit V (283 ha; 699 ac)
    Unit consists of the following eight points and the intermediate 
coastline: 726312, 2342554; 726525, 2342355; 726532, 2341699; 724187, 
2340913; 723553, 2341022; 723113, 2341371; 723183, 2341795; 723236, 
2341873.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.024
    
Critical Habitat Molokai Unit W (1 ha; 2 ac)
    Unit consists of the entire island, located at 715835, 2342456.

    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.025
    
Critical Habitat Molokai Unit X (424 ha; 1,048 ac)
    Unit consists of the following eight points and the intermediate 
coastline: 714892, 2342337; 714895, 2342336; 714921, 2341907; 714427, 
2341515; 712984, 2342002; 712223, 2343400; 711532, 2345604; 712012, 
2345954.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.027
    

[[Page 83202]]


Critical Habitat Molokai Unit Y (115 ha; 284 ac)
    Unit consists of the following ten points and the intermediate 
coastline: 708130, 2343363; 708406, 2343292; 708634, 2342975; 708627, 
2342526; 708224, 2342169; 707709, 2342227; 707456, 2342514; 707423, 
2342848; 707514, 2343152; 707727, 2343294.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.028
    
Critical Habitat Molokai Unit Z (111 ha; 274 ac)
    Unit consists of the following six boundary points: 689443, 
2345663; 689444, 2345664; 689460, 2345662; 689479, 2345646; 689461, 
2345661; 689448, 2345663.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.029
    
Critical Habitat Molokai Unit Aa (114 ha; 281 ac)
    Unit consists of the following six points and the intermediate 
coastline: 711994, 2346034; 711678, 2345884; 710942, 2346030; 710630, 
2346428; 710562, 2346895; 710826, 2347185.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.030
    

[[Page 83203]]


Critical Habitat Molokai Unit Bb (4 ha; 10 ac)
    Unit consists of the entire island, located 715510, 2343836.


    Note: Map follows:

    [GRAPHIC] [TIFF OMITTED] TP29DE00.031
    

 Table (a)(1)(i)(F)--Protected Species Within Each Critical Habitat Unit
                               for Molokai
------------------------------------------------------------------------
             Unit name                             Species
------------------------------------------------------------------------
Molokai A.........................  Marsilea villosa
Molokai B.........................  Marsilea villosa
Molokai C.........................  Centaurium sebaeoides; Marsilea
                                     villosa
Molokai D.........................  Sesbania tomentosa; Tetramolopium
                                     rockii
Molokai E.........................  Sesbania tomentosa
Molokai F.........................  Cyanea procera
Molokai G.........................  Alectryon macrococcus; Bidens
                                     wiebkei; Cyanea mannii; Diellia
                                     erecta; Neraudia sericea; Schiedea
                                     lydgatei; Schiedea sarmentosa;
                                     Sesbania tomentosa; Silene
                                     lanceolata; Silene alexandri;
                                     Spermolepis hawaiiensis; Vigna o-
                                     wahuensis; Zanthoxylum hawaiiensis
Molokai H.........................  Alectryon macrococcus; Mariscus
                                     fauriei; Melicope mucronulata;
                                     Schidea lydgatei; Schiedea
                                     sarmentosa; Sesbania tomentosa
Molokai I.........................  Alectryon macrococcus; Canavalia
                                     molokaiensis
Molokai J.........................  Canavalia molokaiensis; Cyanea
                                     dunbarii; Cyanea mannii
Molokai K.........................  Sesbania tomentosa
Molokai L.........................  Sesbania tomentosa
Molokai M.........................  Sesbania tomentosa
Molokai N.........................  Ctenitis squamigera, Cyanea mannii,
                                     and Labordia triflora
Molokai O.........................  Clermontia oblongifolia ssp.
                                     brevipes
Molokai P.........................  Stenogyne bifida
Molokai Q.........................  Melicope reflexa
Molokai R.........................  Diellia erecta
Molokai S.........................  Bidens wiebkei
Molokai T.........................  Hibiscus arnottianus ssp.
                                     immaculatus; Ischaemum byrone
Molokai U.........................  Cyanea grimesiana ssp. grimesiana;
                                     Melicope reflexa

[[Page 83204]]

 
Molokai V.........................  Brighamia rockii; Cyanea grimesiana
                                     ssp. grimesiana; Hesperomannia
                                     arborescens; Hibiscus arnottianus
                                     ssp. immaculatus; Ischaemum byrone;
                                     Peucedanum sandwicense
Molokai W.........................  Brighamia rockii; Peucedanum
                                     sandwicense
Molokai X.........................  Canavalia molokaiensis;
                                     Tetramolopium rockii
Molokai Y.........................  Peucedanum sandwicense
Molokai Z.........................  Tetramolopium rockii
Molokai Aa........................  Centaurium sebaeoides
Molokai Bb........................  Peucedanum sandwicensis
------------------------------------------------------------------------

    (ii) Hawaiian plants--Constituent elements.
    (A) Flowering plants.
Family Apiaceae: Peucedanum sandwicense (makou)
    i. 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 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).
    ii. Molokai units V, W, Y and Bb, identified in the legal 
descriptions in paragraph (a)(1)(i)(F) of this section constitute 
critical habitat for Peucedanum sandwicense on Molokai. Within this 
unit the currently known primary constituent elements of critical 
habitat for Peucedanum sandwicense are the habitat components that 
provide: (1) Cliff habitats with brown soil and talus--(a) in 
Chamaesyce celastroides var. amplectans--Chenopodium oahuense coastal 
dry shrubland or Diospyros sandwicensis forest and (b) containing one 
or more of the following associated native species: Eragrostis sp., 
Santalum ellipticum, Pritchardia hillebrandii, Reynoldsia sandwicensis, 
Osteomeles anthyllidifolia, Scaevola sericea, Senna gaudichaudii, 
Pittosporum halophilum, Sida fallax, Plumbago zeylanica, Artemisia 
australis, Portulaca lutea, Lepidium bidentatum var. o-waihiense, 
Schiedea globosa, Lipochaeta integrifolia, Peperomia remyi, 
Plechranthus parviflorus, Dianella sandwicensis, or Metrosideros 
polymorpha; and (2) from sea level to above 900 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. Molokai unit G, identified in the legal description in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Spermolepis hawaiiensis on Molokai. Within this unit the currently 
known primary constituent elements of critical habitat for Spermolepis 
hawaiiensis are the habitat components that provide: (1) shady spots in 
Dodonea viscosa lowland dry shrubland and containing one or more of the 
following associated native species: Eragrostis variabilis, Lipochaeta 
lavarum, Sida fallax, Myoporum sandwicensis, Santalum elipticum, and 
Heteropogon contortus; and (2) an elevation of 219 m (720 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).

[[Page 83205]]

Family Asteraceae: Bidens wiebkei (kookoolau)
    Molokai units G and S, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Bidens wiebkei on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Bidens wiebkei are 
the habitat components that provide: (1) Steep, exposed slopes--(a) in 
Metrosideros polymorpha dominated mesic shrublands or dry or mesic 
Metrosideros polymorpha--Styphelia tameiameiae lowland shrubland and 
(b) containing one or more of the following associated native plant 
species: Antidesma sp., Dodonea viscosa, Canthium odoratum, Lysimachia 
sp., Nestegis sandwicensis, Phyllanthus sandwicensis, Pisonia sp., or 
Scaevola gaudichaudii; and (2) elevations between 250 and 1,050 m (820 
and 3,450 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 arborescens (No common name)
    Molokai unit V, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitute critical habitat for 
Hesperomannia arborescens on Molokai. Within this unit the currently 
known primary constituent elements of critical habitat for 
Hesperomannia arborescens are the habitat components that provide: (1) 
Slopes or ridges--(a) in wet Metrosideros polymorpha--Dicranopteris 
linearis lowland forest or mesic Diospyros sandwicensis--Metrosideros 
polymorpha lowland forest transition zones and (b) containing one or 
more of the following associated native plant species: Broussaisia 
arguta, Freycinetia arborea, Antidesma sp., Cibotium glaucum, 
Psychotria mauiensis, Elaphoglossum sp., Coprosma sp., Hedyotis sp., 
Cheirodendron sp., Smilax melastomifolia, Clermontia pallida, 
Thelypteris sp., Diplopterygium pinnatum, Ilex anomala, Myrsine sp., 
Urera glabra, Cyrtandra sp., Pipturus sp., Boehmeria grandis, Nestegis 
sandwicensis, Nephrolepis exaltata, or Wikstroemia sp.; and (2) 
elevations between 360 and 750 m (1,200 and 2,500 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).
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

[[Page 83206]]

(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 rockii (No common name)
    Molokai units D, X and Z, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Tetramolopium rockii on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Tetramolopium 
rockii are the habitat components that provide: (1) Hardened calcareous 
sand dunes or ash-covered basalt--(a) in the coastal spray zone or 
coastal dry shrublands and grasslands and (b) containing one or more of 
the following associated native species: Canthium odoratum, Diospyros 
sandwicensis, Metrosideros polymorpha, Osteomeles anthyllidifolia, 
Scaevola sp., Fimbristylis cymosa, Heliotropium anomalum, Lipochaeta 
integrifolia, Sida fallax, and Sporobolus virginicus; and (2) between 
10 and 200 m (30 and 650 ft) in elevation.
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: Brighamia rockii (Pua ala)
    Molokai units V and W, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Brighamia rockii on Molokai. Within this unit the currently known 
primary constituent elements of critical habitat for Brighamia rockii 
are the habitat components that provide: (1) Rock crevices on steep 
basalt sea cliffs, often within the spray zone--(a) in coastal dry or 
mesic forest, Eragrostis variabilis mixed coastal cliff communities, or 
shrubland, or Pritchardia sp. coastal mesic forest and (b) containing 
one or more of the following associated native plant species: 
Pritchardia hillebrandii, Chamaesyce celastroides var. amplectans, 
Wikstoremia uva-ursi, Carex wahuensis ssp. wahuensis, Mariscus 
phleoides ssp. pleoides, Eragrstis variabilis, Dianella sandwicensis, 
Cocculus trilobus, Phymatosorus scolopendria, Crytomium falcatum, 
Lepidium bidentatum var. o-waihiense, Pittosporum halophilum, Artemisia 
sp., Bidens sp., Schiedea globosa, Reynoldsia sandwicensis, Pandanus 
tectorius, Peucedanum sandwicensis, Hedyotis littoralis, Metrosideros 
polymorpha, Psydrax odoratum, Diospyros sandwicensis, Osteomeles 
anthyllidifolia, Tetramolopium cassia, Senna gaudichaudii, or Scaevola 
sericea; and (2) elevations between sea level and 470 m (0 and 1,540 
ft).
Family Campanulaceae: Clermontia oblongifolia ssp. brevipes (oha wai)
    Molokai unit O, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitute critical habitat for Clermontia 
oblongifolia ssp. brevipes on Molokai. Within this unit the currently 
known primary constituent elements of critical habitat for Clermontia 
oblongifolia ssp. brevipes are the habitat components that provide: (1) 
Shallow soil on gulch slopes--(a) in wet Metrosideros polymorpha 
dominated forests and (b) containing one or more of the following 
associated native plant species: Cheirodendron trigynum, Cibotium spp., 
Broussaisia argutus, Hedyotis terminalis, or Melicope sp.; and (2) 
elevations between 1,100 and 1,200 m (3,500 and 4,320 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 83207]]

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 dunbarii (haha)
    Molokai unit J, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitute critical habitat for Cyanea 
dunbarii on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Cyanea dunbarii are the 
habitat components that provide: (1) Streambanks on moderate to steep 
slopes--(a) in mesic to wet Dicranopteris linearis-Metrosideros 
polymorpha lowland forest and (b) containing one or more of the 
following associated native plant species: Diplazium sanwicianum, 
Charpentiera obovata, Perrottetia sandwicensis, Pipturus albidus, 
Clermontia kakeana, Cheirodendron trigynum, or Freycinetia arborea; and 
(2) elevation of 671 m (2,200 ft).
Family Campanulaceae: Cyanea grimesiana ssp. grimesiana (haha)
    Molokai units U and V, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Cyanea grimesiana ssp. grimesiana on Molokai. Within these units the 
currently known primary constituent elements of critical habitat for 
Cyanea grimesiana ssp. grimesiana are the habitat components that 
provide: (1) cliffs, or (2) mesic forest dominated by Metrosideros 
polymorpha or Metrosideros polymorpha and Acacia koa and containing one 
or more of the following associated native plant species: Psychotria 
sp., Bobea sp., Antidesma sp., Syzygium sndwicensis, Xylosma sp., 
Cibotium sp., Doodia sp., Nephrolepis sp., Cyrtandra sp., Dicranopteris 
linearis, or Freycinetia arborea; and (2) elevations between 350 and 
945 m (1,150 and 3,100 ft).
Family Campanulaceae: Cyanea mannii (haha)
    Molokai units G, J, and N, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Cyanea mannii on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Cyanea mannii are 
the habitat components that provide: (1) Sides of deep gulches--(a) in 
Metrosideros polymorpha dominated montane mesic forest and (b) 
containing one or more of the following associated native plant 
species: Wiskstroemia sp., Dicranopteris linearis, or Vaccinium sp.; 
and (2) elevations between 559 and 1,220 m (1,900 and 4,000 ft).
Family Campanulaceae: Cyanea procera (haha)
    Molokai unit F, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitute critical habitat for Cyanea 
procera on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Cyanea procera are the 
habitat components that provide: (1) Walls of steep gulches--(a) in wet 
Metrosideros polymorpha dominated lowland mixed forest and (b) 
containing one or more of the following associated native plant 
species: Asplenium sp., Brousaissia arguta, Coprosma ochracea, Cyanea 
sp., Cyrtandra macrocalyx, Dicranopteris linearis, Pipturus albidus, 
Pisonia sp., Scaevola procera, or Touchardia latifolia; and (2) 
elevations between 935 and 1,073 m (3,180 and 3,650 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

[[Page 83208]]

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 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 lydgatei (No common name)
    Molokai units G and H, identified in the legal descriptions in 
paragraph a)(1)(i)(F) of this section constitutes critical habitat for 
Schiedea lydgatei on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Schiedea lydgatei 
are the habitat components that provide: (1) Along ridges--(a) in dry 
to mesic grasslands, shrublands, and forests with scattered native 
trees and (b) containing one or more of the following associated native 
species: Dodonaea viscosa, Metrosideros polymorpha, Styphelia 
tameiameiae, and Dicranopteris linearis; and (2) elevations from about 
600 to 650 m (2,000 to 2,100 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

[[Page 83209]]

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 sarmentosa (No common name)
    Molokai units G and H, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Schiedea sarmentosa on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Schiedea 
sarmentosa are the habitat components that provide: (1) Steep slopes--
(a) in Metrosideros polymorpha-Dodonaea viscosa lowland dry or mesic 
shrubland and (b) containing one or more of the following associated 
native species: Styphelia tameiameiae, Chenopodium oahuensis, Alyxia 
oliviformis, Pleomele sp., Bidens menziesii, Carex meynii, Lipochaeta 
rockii, Nestegis sandwicensis, Nothocestrum latifolium, Nototrichium 
sandwicense, Sida fallax, Sophora chrysophylla, and Chamaesyce sp.; and 
(2) between 610 and 790 m (2,000 and 2,600 ft) elevation.
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).
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 Caryophyllaceae: Silene alexandri (No common name)
    Molokai unit G, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Silene 
alexandri on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Silene alexandri are the 
habitat components that provide: (1) Remnant dry forest and shrubland 
and containing one or more of the following associated native species: 
Dodonaea viscosa, Metrosideros polymorpha, Styphelia tameiameiae, and 
Dicranopteris linearis, Chenopodium oahuense, and Sophora chrysophylla; 
and (2) elevations between 610 and 760 m (2,000 and 2,500 ft).
Family Caryophyllaceae: Silene lanceolata (No common name)
    Molokai unit G , identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Silene 
lanceolata on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Silene lanceolata are the 
habitat components that provide: (1) Cliff faces and ledges of 
gullies--(a) in dry to mesic shrubland and (b) containing one or more 
of the following associated native species: Associated native plant 
species include Dodonea viscosa, Styphelia tameiameiae, and Dubautia 
linearis; and (2) an elevation of about 800 m (2,600 ft).
Family Convolvulaceae: Bonamia menziesii (no common name)
    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).
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: Mariscus fauriei (No common name)
    Molokai unit H, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Mariscus 
fauriei on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Mariscus fauriei are the 
habitat components that provide: (1) aa substrate--(a) Diospyros 
sandwicensis dominated lowland dry forests and (b) containing one or 
more of the following associated native species: Canthium odoratum, 
Peperomia sp., and Rauvolfia

[[Page 83210]]

sandwicensis; and (2) at an elevation of 207 m (680 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: Canavalia molokaiensis (awikiwiki)
    Molokai units I, J and X, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Canavalia molokaiensis on Molokai. Within these units the currently 
known primary constituent elements of critical habitat for Canavalia 
molokaiensis are the habitat components that provide: (1) Exposed dry 
and mesic sites on steep slopes--(a) in Metrosideros polymorpha-Dodonea 
viscosa lowland shrubland or mesic shrublands and (b) containing one or 
more of the following associated native plant species: Artemesia sp., 
Chamaesyce sp., Coprosma sp., Styphelia tameiameiae, or Wikstroemia 
sp.; and (2) elevations between 10 and 900 m (30 and 3,060 ft).
Family Fabaceae: Sesbania tomentosa (`ohai)
    i. Kauai J, identified in the legal description in paragraph 
(a)(1)(i)(A) of 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).
    ii. Molokai units D, E, G, H, K, L and M, identified in the legal 
descriptions in paragraph (a)(1)(i)(F) of this section constitutes 
critical habitat for Sesbania tomentosa on Molokai. Within these units 
the currently known primary constituent elements of critical habitat 
for Sesbania tomentosa are the habitat components that provide: (1) 
Windswept slopes, sea cliffs and weathered basaltic slopes--(a) in 
Scaevola sericea coastal dry shrublands and (b) containing one or more 
of the following associated native species: Lipochaeta integrifolia, 
Jacquemontia sandwicensis, Sida fallax, and Dodonea viscosa; and (2) 
elevations between sea level and 579 m (0-1,900 ft).
Family Fabaceae: Vigna o-wahuense (No common name)
    Molokai unit G, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Vigna o-
wahuensis on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Vigna o-wahuensis are the 
habitat components that provide: (1) Dry to mesic grassland and 
shrubland and containing one or more of the following associated native 
species: Chenopodium oahuense, Cyperus laevigatus, Eragrostis 
variabilis, Heteropogon contortus, Ipomoea sp., Scaevola sericea, Sida 
falax, Vitex rotindifolia, Dodonea viscosa, and Styphelia tameiameiae; 
and (2) from 207 to 256 m (680-840 ft) in elevation.
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

[[Page 83211]]

Diplazium sandwichianum; and (2) elevations between 975 to 1,065 m 
(3,200 to 3,490 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. Molokai units C and Aa, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Centaurium sebaeoides on Molokai. Within these units the currently 
known primary constituent elements of critical habitat for Centaurium 
sebaeoides are the 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 associated native plant species: Chamaesyce 
celastroides, Dodonea viscosa, Fimbristylis cymosa, Heteropogon 
contortus, Lipochaeta heterophylla, Lipochaeta integrifolia, Lycium 
sandwicense, Lysimachia mauritiana, Mariscus phleoides, Panicum 
fauriei, Panicum torridum, Scaevola sericea, Schiedea globosa, Sida 
fallax, Wikstroemia uva-ursi, Artemisia sp., Bidens sp., Jaquemontia 
ovalifolia, or Lipochaeta succulenta; and (2) elevations below 120 m 
(400 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 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 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 bifida (No common name)
    Molokai unit P, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Stenogyne 
bifida on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Stenogyne bifida are the 
habitat components that provide: (1) Steep ridges--(a) in Metrosideros 
polymorpha-dominated montane mesic to wet forests and (b) containing 
one or more of the following associated native species: Cibotium sp., 
Hedyotis sp., Cyanea sp., Dicranopteris linearis, Dodonaea viscosa, 
Hedyotis hillebrandii, Pipturus albidus, Psychotria sp., Styphelia 
tameiameiae, Vaccinium sp., Wikstromia sp., Cheirodendron trigynum, 
Broussaisia arguta, and Pouteria sandwicensis; and (2) elevations 
between 450 and 1,200 m (1,450 and 4,000 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,

[[Page 83212]]

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. 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 Loganiaceae: Labordia triflora (kamakahala)
    Molokai unit N, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitute critical habitat for Labordia 
triflora on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Labordia triflora are the 
habitat components that provide: (1) Mixed lowland mesic forest 
containing one or more of the following associated native plant 
species: Pouteria sandwicensis, Cyanea mannii, or Tetraplasandra sp.; 
and (2) elevation of ca. 800 m (2,600 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 915m (3,000 ft).
Family Malvaceae: Hibiscus arnottianus ssp. immaculatus (kokio ke okeo)
    Molokai units T and V, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Hibiscus arnottianus ssp. immaculatus on Molokai. Within this unit the 
currently known primary constituent elements of critical habitat for 
Hibiscus arnottianus ssp. immaculatus are the habitat components that 
provide: (1) steep sea cliffs--(a) in mesic forests and (b) containing 
one or more of the following associated native plant species: Athyrium 
sp., Canthium odoratum, Cyanea grimesiana, Antidesma platyphyllum, 
Boehmeria grandis, Diospyros sandwicensis, Pipturis sp., Urera glabra, 
or Metrosideros polymorpha; and (2) elevations between 15 and 480 m (50 
and 1,600 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 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 Marsileaceae: Marsilea villosa (ihi ihi)
    Molokai units A, B and C, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Marsilea villosa on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Marsilea villosa 
are the habitat components that provide: (1) Minimally shaded or open 
areas in shallow depressions in clay soil, or lithified sand dunes 
overlaid with alluvial clay and containing one or more of the following 
associated native species: Heteropogon contortus, Sida fallax, 
Waltheria indica, Centaurium sebaeoides, Tetramolopium sylvae and 
Schiedea globosa; and (2) at or below 150 m (500 ft) elevation.

[[Page 83213]]

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: Ischaemum byrone (Hilo ischaemum)
    Molokai units T and V, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Ischaemum byrone on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Ischaemum byrone 
are the habitat components that provide: (1) Rocks, basalt cliffs or 
talus slopes--(a) in coastal dry shrubland or Artemisia cliff 
communities and (b) containing one or more of the following associated 
native plant species: Bidens molokaiensis, Hedyotis littoralis, 
Lysimachia mauritiana, Fymbrystylis cymosa, or Pandanus tectorius; and 
(2) elevations between sea level and 75 m (0 and 250 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 Primulaceae: Lysimachia filifolia (no common name)
    Kauai T, identified in the legal description in paragraph 
(a)(1)(i)(A) of

[[Page 83214]]

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 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 mucronulata (alani)
    Molokai unit H, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Melicope 
mucronulata on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Melicope mucronulata are 
the habitat components that provide: (1) Steep, west-or north-facing, 
lowland slopes--(a) in dry to mesic, forests and (b) containing one or 
more of the following associated native species: Dodonea viscosa, 
Metrosideros polymorpha, Styphelia tameiameiae, and Dubautia linearis; 
and (2) elevations between 670 and 870 m (2,200 and 2,850 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, 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: Melicope reflexa (alani)
    Molokai units Q and U, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Melicope reflexa on Molokai. Within these units the currently known 
primary constituent elements of critical habitat for Melicope reflexa 
are the habitat components that provide: (1) Wet Metrosideros 
polymorpha dominated forests with native trees such as Cheirodendron 
sp.; and (2) elevations between 760 and 1,190 m (2,490 and 3,900 ft).
Family Rutaceae: Zanthoxylum hawaiiense (ae)
    i. 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

[[Page 83215]]

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).
    ii. Molokai unit G, identified in the legal description in 
paragraph (a)(1)(i)(F) of this section constitutes critical habitat for 
Zanthoxylum hawaiiense on Molokai. Within this unit the currently known 
primary constituent elements of critical habitat for Zanthoxylum 
hawaiiense are the habitat components that provide: (1) Mesic 
Metrosideros polymorpha or Diospyros sandwicensis lowland dry forest 
with Nestegis sandwicensis and Pleomele auwaiensis and containing one 
or more of the following associated native species: Pisonia sp., 
Xylosma hawaiiensis, Santalum ellipticum, Alphitonia ponderosa, 
Osteomeles anthylidifolia, Alectryon macrococcus, Charpentiera sp., 
Melicope sp., Dodonea viscosa, Streblus pendulinus, Myrsine lanaiensis, 
and Sophora chrysophylla; and (2) elevations between 182 and 256 m (600 
and 840 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)
    i. 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).
    ii. Molokai units G, H and I, identified in the legal descriptions 
in paragraph (a)(1)(i)(F) of this section constitute critical habitat 
for Alectryon macrococcus on Molokai. Within this unit the currently 
known primary constituent elements of critical habitat for Alectryon 
macrococcus are the habitat components that provide: (1) Dry or talus 
slopes or gulches--(a) in dry or mesic lowland forests and (b) 
containing one or more of the following associated native plant 
species: Dodonea viscosa, Nestegis sandwicensis, Nothocestrum sp., 
Pleomele sp., Psychotria sp., Streblus pendulinus, Myrsine sp., or 
Lipochaeta sp.; and (2) elevations between 360 and 1,070 m (1,181 and 
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 Urticaceae: Neraudia sericea (No common name)
    Molokai unit G, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Neraudia 
sericea on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Neraudia sericea are the 
habitat components that provide: (1) Lowland dry to mesic Metrosideros 
polymorpha-Dodonaea viscosa-Styphelia tameiameiae shrubland or forest 
and containing one or more of the following associated native species: 
Sida fallax, Diospyros sandwicensis, Bobea sp., Coprosma sp., and 
Hedyotis sp.; and (2) between 670 and 1,370 m (2,200 and 4,500 ft) in 
elevation.
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

[[Page 83216]]

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, 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).
    (B) Ferns and Allies.
Family Aspleniaceae: Ctenitis squamigera (pauoa)
    Molokai unit N, identified in the legal description in paragraph 
(a)(1)(i)(F) of this section constitutes critical habitat for Ctenitis 
squamigera on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Ctenitis squamigera are 
the habitat components that provide: (1) Mesic forest containing one or 
more of the following associated native plant taxa: Metrosideros 
polymorpha, Myrsine lessertiana, Diospyros sandwicensis, Nestegis 
sandwicensis, Xylosma hawaiiense, Pouteria sandwicensis, Nephrolepis 
exaltata, Carex meyenii, Dryopteris unidentata, or Pleomele 
auwahiensis; and (2) an elevation of approximately 865 m (254 ft).
Family Aspleniaceae: Diellia erecta (No common name)
    Molokai units G and R, identified in the legal descriptions in 
paragraph (a)(1)(i)(F) of this section constitute critical habitat for 
Diellia erecta on Molokai. Within this unit the currently known primary 
constituent elements of critical habitat for Diellia erecta are the 
habitat components that provide: (1) Mixed mesic forest or mesic 
Diospyros sandwicensis forest containing one or more of the following 
associated native plant species: Alyxia oliviformis, Metrosideros 
polymorpha, Bobea sp., Coprosma foliosa, Dodonea viscosa, Dryopteris 
unidentata, Myrsine sp., Ochrosia comta, Dubautia linearis ssp. 
opposita, Psychotria sp., Pleomele auwahiensis, Sophora chrysophylla, 
Styphelia tameiameiae, Syzygium sandwicensis, or Wikstroemia sp.; and 
(2) elevations between 210 and 1,490 m (700 and 4,900 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. 00-31079 Filed 12-28-00; 8:45 am]
BILLING CODE 4310-55-P