[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Proposed Rules]
[Pages 3940-4098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-687]



[[Page 3939]]

-----------------------------------------------------------------------

Part II





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Revised Determinations 
of Prudency and Proposed Designations of Critical Habitat for Plant 
Species From the Islands of Kauai and Niihau, Hawaii; Proposed Rule

  Federal Register / Vol. 67, No. 18 / Monday, January 28, 2002 / 
Proposed Rules  

[[Page 3940]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG71


Endangered and Threatened Wildlife and Plants; Revised 
Determinations of Prudency and Proposed Designations of Critical 
Habitat for Plant Species From the Islands of Kauai and Niihau, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

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

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), originally 
determined that designation of critical habitat was prudent, and 
proposed designation of critical habitat for 76 plants from the islands 
of Kauai and Niihau on November 7, 2000. We incorporate those 76 
prudency determinations here. In this proposal we have revised the 
proposed designations to incorporate new information, and/or address 
comments and new information received during the comment periods.
    In the November 7, 2000, proposal we did not propose critical 
habitat for three species of loulu palms, Pritchardia aylmer-
robinsonii, P. napaliensis, and P. viscosa. We determined that critical 
habitat designation was not prudent because it would likely increase 
the threats from vandalism or collection of these species on Kauai and 
Niihau, and no change is made to that determination here. We also did 
not propose critical habitat for two species, Melicope quadrangularis 
and Phyllostegia waimeae, which had not been seen in the wild and for 
which no viable genetic material of these species was known to exist. 
Due to new information received during the comment periods regarding 
the rediscovery of Phyllostegia waimeae on Kauai, we have reconsidered 
our earlier finding and determine that critical habitat is prudent for 
this species. Designation of critical habitat is proposed for this 
species on Kauai. No change is made here to the November 7, 2000, not 
prudent determination for Melicope quadrangularis.
    In the November 7, 2000, proposal we did not determine prudency nor 
propose designation of critical habitat for 14 species that no longer 
occur on Kauai and Niihau but are reported from one or more other 
islands. We determined that critical habitat was prudent and proposed 
designation of critical habitat for nine of these species (Ctenitis 
squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus 
manni, Silene lanceolata, and Vigna o-wahuensis) in other proposed 
rules published on December 18, 2000 (Maui and Kahoolawe), on December 
27, 2000 (Lanai), and on December 29, 2000 (Molokai). In this proposal 
we incorporate the prudency determinations for these nine species and 
propose designation of critical habitat for Ctenitis squamigera, 
Diellia erecta, Diplazium molokaiense, Ischaemum byrone, Mariscus 
pennatiformis. Critical habitat is not proposed for Hibiscus 
brackenridgei, Phlegmariurus manni, Silene lanceolata, and Vigna o-
wahuensis on the islands of Kauai and Niihau because we are unable to 
determine habitat which is essential to their conservation on these 
islands. We determined that critical habitat was not prudent for Acaena 
exigua, a species known only from Kauai and Maui, in the proposal 
published on December 18, 2000 (Maui and Kahoolawe). This species had 
not been seen recently in the wild and no viable genetic material was 
known to exist. No change is made here to the earlier prudency 
determination for this species.
    In this proposal, we determine that critical habitat is prudent for 
four other species (Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, and Solanum incompletum) for which prudency 
determinations have not been made previously, and that no longer occur 
on Kauai but are reported from one or more other islands. Critical 
habitat is proposed at this time for Phlegmariurus nutans on Kauai 
based on new information and information received during the comment 
periods on the November 7, 2000, proposal. Critical habitat is not 
proposed for Achyranthes mutica, Isodendrion pyrifolium, and Solanum 
incompletum on the islands of Kauai and Niihau because we are unable to 
determine habitat which is essential to their conservation on these 
islands.
    We are now proposing critical habitat for 83 of the 95 species from 
the islands of Kauai and Niihau. Critical habitat is not proposed for 
seven of the 95 species (Achyranthes mutica, Hibiscus brackenridgei, 
Isodendrion pyrifolium, Phlegmariurus mannii, Silene lanceolata, 
Solanum incompletum, and Vigna o-wahuensis) which no longer occur on 
the islands of Kauai or Niihau, and for which we are unable to 
determine any habitat that is essential to their conservation on the 
islands of Kauai or Niihau. Critical habitat is not proposed for three 
species of loulu palm, Pritchardia aylmer-robinsonii, P. napaliensis, 
and P. viscosa for which we determined, on November 7, 2000, that 
critical habitat designation is not prudent because it would likely 
increase the threats from vandalism or collection of these species on 
Kauai and Niihau, and no change is made to that determination here. 
Critical habitat is not proposed for two species, Melicope 
quadrangularis and Acaena exigua, for which we determined, on November 
7, 2000, and December 18, 2000, respectively, that critical habitat was 
not prudent because they had not been seen recently in the wild, and no 
viable genetic material of these species was known. No change is made 
to that determination here.
    We propose critical habitat designations for 83 species within 15 
critical habitat units totaling approximately 40,147 hectares (ha) 
(99,206 acres (ac)) on the island of Kauai, and within one critical 
habitat unit totaling approximately 282 ha (697 ac) on the island of 
Niihau.
    If this proposal is made final, section 7 of the Act requires 
Federal agencies to ensure that actions they carry out, fund, or 
authorize do not destroy or adversely modify critical habitat to the 
extent that the action appreciably diminishes the value of the critical 
habitat for the survival and recovery of the species. Section 4 of the 
Act requires us to consider economic and other relevant impacts of 
specifying any particular area as critical habitat.
    We solicit data and comments from the public on all aspects of this 
proposal, including data on the economic and other impacts of the 
designations. We may revise or further refine critical habitat 
boundaries prior to final designation based on habitat and plant 
surveys, public comment on the revised proposed critical habitat rule, 
and new scientific and commercial information.

DATES: We will accept comments until March 29, 2002. Wewill hold one 
public hearing on this proposed rule. The public hearing will be held 
from 6:00 p.m. to 8:00 p.m., Wednesday, February 13, 2002, on the 
island of Kauai, Hawaii. Prior to the public hearing, we will be 
available from 3:30 to 4:30 p.m. to provide information and to answer 
questions. Registration for the hearing will begin at 5:30 p.m.

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,

[[Page 3941]]

U.S. Fish and Wildlife Service, Pacific Islands Office, 300 Ala Moana 
Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.
    You may hand-deliver written comments to our Pacific Islands Office 
at the address given above.
    You may view comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, by 
appointment, during normal business hours at the above address. The 
public hearing will be held at the Radisson Kauai Beach Resort, 4331 
Kauai Beach Drive, Lihue, Kauai. Additional information on this hearing 
can be found under ``Public Hearing'' found in the Background section 
of this rule.

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

    In the Lists of Endangered and Threatened Plants (50 CFR 17.12), 
there are 95 plant species that, at the time of listing, were reported 
from the islands of Kauai and Niihau (Table 1).

                                      Table 1.-- Summary of Island Distribution of 95 Species From Kauai and Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Island distribution
                Species                -----------------------------------------------------------------------------------------------------------------
                                            Kauai         Oahu         Molokai        Lanai         Maui         Hawaii     N.W. Isles, Kahoolawe Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acaena exigua (liliwai)...............            H   ............  ............  ............            H
Achyranthes mutica (No Common Name                H   ............  ............  ............  ............             C
 (NCN)).
Adenophorus periens (pendent kihi                  C            H              C            R             H              C
 fern).
Alectryon macrococcus (mahoe).........             C             C             C  ............             C
Alsinidendron lychnoides                           C
 (kuawawaenohu).
Alsinidendron viscosum (NCN)..........             C
Bonamia menziesii (NCN)...............             C             C            H              C             C             C
Brighamia insignis (olulu)............             C  ............  ............  ............  ............  ............  Ni (C)
Centaurium sebaeoides (awiwi).........             C             C             C             C             C
Chamaesyce halemanui (NCN)............             C
Ctenitis squamigera (pauoa)...........            H              C             C             C             C            H
Cyanea asarifolia (haha)..............             C
Cyanea recta (haha)...................             C
Cyanea remyi (haha)...................             C
Cyanea undulata (NCN).................             C
Cyperus trachysanthos (puukaa)........             C             C            H             H   ............  ............  Ni (C)
Cyrtandra cyaneoides (mapele).........             C
Cyrtandra limahuliensis (haiwale).....             C
Delissea rhytidosperma (NCN)..........             C
Delissea rivularis (oha)..............             C
Delissea undulata (NCN)...............             C  ............  ............  ............            H              C  Ni (H)
Diellia erecta (asplenium-leaved                   C            H              C            H              C             C
 diellia).
Diellia pallida (NCN).................             C
Diplazium molokaiense (NCN)...........            H             H             H             H              C
Dubautia latifolia (naenae)...........             C
Dubautia pauciflorula (naenae)........             C
Euphorbia haeleeleana (akoko).........             C             C
Exocarpos luteolus (heau).............             C
Flueggea neowawraea (mehamehame)......             C             C            H   ............             C             C
Gouania meyenii (NCN).................             C             C
Hedyotis cookiana (awiwi).............             C            H             H   ............  ............            H
Hedyotis st.-johnii (Na Pali beach                 C
 hedyotis).
Hesperomannia lydgatei (NCN)..........             C
Hibiscadelphus woodii (hau kuahiwi)...             C
Hibiscus brackenridgei (mao hau hele).            H              C            H              C             C             C  Ka (R)
Hibiscus clayi (Clay's hibiscus)......             C
Hibiscus waimeae ssp. hannerae (kokio              C
 keokeo).
Ischaemum byrone (Hilo ischaemum).....             C            H              C  ............             C             C
Isodendrion laurifolium (aupaka)......             C             C
Isodendrion longifolium (aupaka)......             C             C
Isodendrion pyrifolium (wahine noho     ............            H             H             H             H              C  Ni (H)
 kula).
Kokia kauaiensis (kokio)..............             C
Labordia lydgatei (kamakahala)........             C
Labordia tinifolia var. wahiawaensis               C
 (kamakahala).
Lipochaeta fauriei (nehe).............             C
Lipochaeta micrantha (nehe)...........             C

[[Page 3942]]

 
Lipochaeta waimeaensis (nehe).........             C
Lobelia niihauensis (NCN).............             C             C  ............  ............  ............  ............  Ni (H)
Lysimachia filifolia (NCN)............             C             C
Mariscus pennatiformis (NCN)..........            H             H   ............  ............             C            H   NW (C)
Melicope haupuensis (alani)...........             C
Melicope knudsenii (alani)............             C  ............  ............  ............             C
Melicope pallida (alani)..............             C             C
Melicope quadrangularis (alani).......            H
Munroidendron racemosum (NCN).........             C
Myrsine linearifolia (kolea)..........             C
Nothocestrum peltatum (aiea)..........             C
Panicum niihauense (lau ehu)..........             C  ............  ............  ............  ............  ............  Ni (H)
Peucedanum sandwicense (makou)........             C             C             C  ............             C
Phlegmariurus mannii (wawaeiole)......            H   ............  ............  ............             C             C
Phlegmariurus nutans (wawaeiole)......            H              C
Phyllostegia knudsenii (NCN)..........             C
Phyllostegia waimeae (NCN)............             C
Phyllostegia wawrana (NCN)............             C
Plantago princeps (laukahi kuahiwi)...             C             C             C  ............             C            H
Platanthera holochila (NCN)...........             C            H              C  ............             C
Poa mannii (Mann's bluegrass).........             C
Poa sandvicensis (Hawaiian bluegrass).             C
Poa siphonoglossa (NCN)...............             C
Pritchardia aylmer-robinsonii (wahane)  ............  ............  ............  ............  ............  ............  Ni (C)
Pritchardia napaliensis (loulu).......             C
Pritchardia viscosa (loulu)...........             C
Pteralyxia kauaiensis (kaulu).........             C
Remya kauaiensis (NCN)................             C
Remya montgomeryi (NCN)...............             C
Schiedea apokremnos (maolioli)........             C
Schiedea helleri (NCN)................             C
Schiedea kauaiensis (NCN).............             C
Schiedea membranacea (NCN)............             C
Schiedea nuttallii (NCN)..............             C             C             C  ............            R
Schiedea spergulina var. leiopoda                  C
 (NCN).
Schiedea spergulina var. spergulina                C
 (NCN).
Schiedea stellarioides (NCN)..........             C
Sesbania tomentosa (ohai).............             C             C             C            H              C             C  NW (C), Ka
Silene lanceolata (NCN)...............            H              C             C            H   ............             C
Solanum incompletum (popolo ku mai)...            H   ............            H             H             H              C
Solanum sandwicense (aiakeakua,                    C            H
 popolo).
Spermolepis hawaiiensis (NCN).........             C             C             C             C             C             C
Stenogyne campanulata (NCN)...........             C
Vigna o-wahuensis (NCN)...............  ............            H              C             C             C             C  Ni (H), Ka
Viola helenae (NCN)...................             C
Viola kauaiensis var. wahiawaensis                 C
 (nani waialeale).
Wilkesia hobdyi (dwarf iliau).........             C
Xylosma crenatum (NCN)................             C
Zanthoxylum hawaiiense (ae)...........             C  ............             C            H              C             C
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.

    Fifty-seven of these species are endemic to the islands of Kauai 
and/or Niihau, while 38 species are reported from one or more other 
islands, as well as Kauai and/or Niihau.
    We originally determined that designation of critical habitat was 
prudent, and proposed designation of critical habitat, for 76 plants 
from the islands of Kauai and Niihau on November 7, 2000. These species 
are: Adenophorus periens, Alectryon macrococcus, Alsinidendron 
lychnoides, Alsinidendron viscosum, Bonamia menziesii, Brighamia 
insignis, Centaurium sebaeoides, Chamaesyce halemanui, Cyanea 
asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea

[[Page 3943]]

rivularis, Delissea undulata, Diellia pallida, Dubautia latifolia, 
Dubautia pauciflorula, Euphorbia haeleeleana, Exocarpos luteolus, 
Flueggea neowawraea, Gouania meyenii, Hedyotis cookiana, Hedyotis st.-
johnii, Hesperomannia lydgatei, Hibiscadelphus woodii, Hibiscus clayi, 
Hibiscus waimeae ssp. hannerae, Isodendrion laurifolium, Isodendrion 
longifolium, Kokia kauaiensis, Labordia lydgatei, Labordia tinifolia 
var. wahiawaensis, Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta 
waimeaensis, Lobelia niihauensis, Lysimachia filifolia, Melicope 
haupuensis, Melicope knudsenii, Melicope pallida, Munroidendron 
racemosum, Myrsine linearifolia, Nothocestrum peltatum, Panicum 
niihauense, Peucedanum sandwicense, Phyllostegia knudsenii, 
Phyllostegia wawrana, Plantago princeps, Platanthera holochila, Poa 
mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia kauaiensis, 
Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, Schiedea 
helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea nuttallii, 
Schiedea spergulina var. leiopoda, Schiedea spergulina var. spergulina, 
Schiedea stellarioides, Sesbania tomentosa, Solanum sandwicense, 
Spermolepis hawaiiensis, Stenogyne campanulata, Viola helenae, Viola 
kauaiensis var. wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and 
Zanthoxylum hawaiiense. No change is made to these prudency 
determinations in this revised proposal and they are hereby 
incorporated by reference (65 FR 66808). In this proposal we have 
revised the proposed designations for the 76 plants based on new 
information received during the comment periods. In addition, we 
incorporate new information, and/or address comments and new 
information received during the comment periods on the November 7, 
2000, proposal.
    In the November 7, 2000, proposal we did not propose critical 
habitat for three species of loulu palm, Pritchardia aylmer-robinsonii, 
P. napaliensis, and P. viscosa. We determined that critical habitat 
designation was not prudent because it would likely increase the 
threats from vandalism or collection of these species on Kauai and 
Niihau. No change is made to these determinations here and they are 
hereby incorporated by reference (65 FR 66808).
    In the November 7, 2000, proposal we also determined that critical 
habitat was not prudent for Melicope quadrangularis and Phyllostegia 
waimeae, two species endemic to Kauai, because they had not been seen 
recently in the wild, and no viable genetic material of these species 
was known to exist. Due to new information received during the comment 
periods regarding the rediscovery of Phyllostegia waimeae on Kauai, we 
have reconsidered our earlier finding and determine that critical 
habitat is prudent for this species because we believe that such 
designation would be beneficial to this species. Designation of 
critical habitat is proposed for this species on Kauai. No change is 
made here to the November 7, 2000, not prudent determination for 
Melicope quadrangularis and it is hereby incorporated by reference (65 
FR 66808).
    In the November 7, 2000, proposal we did not determine prudency nor 
propose designation of critical habitat for 14 species that no longer 
occur on Kauai and Niihau but are reported from one or more other 
islands. We determined that critical habitat was prudent and proposed 
designation of critical habitat for nine of these species (Ctenitis 
squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus 
manni, Silene lanceolata, and Vigna o-wahuensis) in other proposed 
rules published on December 18, 2000 (Maui and Kahoolawe), on December 
27, 2000 (Lanai), and on December 29, 2000 (Molokai). No change is made 
to these prudency determinations for these nine species in this 
proposal and they are hereby incorporated by reference (65 FR 79192, 65 
FR 82086, 65 FR 83158). In this proposal, we propose designation of 
critical habitat for Ctenitis squamigera, Diellia erecta, Diplazium 
molokaiense, Ischaemum byrone, and Mariscus pennatiformis on the island 
of Kauai, based on new information and information received during the 
comment periods on the November 7, 2000, proposal. Critical habitat is 
not proposed for Hibiscus brackenridgei, Phlegmariurus manni, Silene 
lanceolata, and Vigna o-wahuensis on the islands of Kauai and Niihau 
because we are unable to determine habitat which is essential to their 
conservation on these islands.
    No change is made here to the prudency determination for Acaena 
exigua, a species known only from Kauai and Maui, published in the 
proposed rule for Maui and Kahoolawe on December 18, 2000, and it is 
hereby incorporated by reference (65 FR 79192). In that proposal, we 
determined that critical habitat was not prudent for Acaena exigua 
because it had not been seen recently in the wild, and no viable 
genetic material was known to exist.
    In this proposal, we determine that critical habitat is prudent for 
four other species (Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, Solanum incompletum) for which prudency 
determinations have not been made previously, and that no longer occur 
on Kauai but are reported from one or more other islands. These four 
plants were listed as endangered species under the Endangered Species 
Act of 1973, as amended (Act), between 1991 and 1996. At the time each 
plant was listed, we determined that designation of critical habitat 
was not prudent because 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 these four species because we believe 
that such designation would be beneficial to these species. Critical 
habitat is proposed at this time for Phlegmariurus nutans on Kauai 
based on new information and information received during the comment 
periods on the November 7, 2000, proposal. Critical habitat is not 
proposed for Achyranthes mutica, Isodendrion pyrifolium, and Solanum 
incompletum on the islands of Kauai and Niihau because we are unable to 
determine habitat which is essential to their conservation on these 
islands.
    Critical habitat for 83 of the 95 species from the islands of Kauai 
and Niihau is proposed at this time. Critical habitat is not proposed 
for seven of the 95 species (Achyranthes mutica, Hibiscus 
brackenridgei, Isodendrion pyrifolium, Phlegmariurus mannii, Silene 
lanceolata, Solanum incompletum, and Vigna o-wahuensis) which no longer 
occur on the islands of Kauai or Niihau, and for which we are unable to 
determine any habitat that is essential to their conservation on the 
islands of Kauai or Niihau. However, proposed critical habitat 
designations, or non-designations, for these species will be included 
in other future Hawaiian plants proposed critical habitat proposed 
rules (Table 2).

[[Page 3944]]



 Table 2.--List of Proposed Rules in Which Critical Habitat Designations
   or Non-Designations Will Be Made for Seven Species for Which We Are
   Unable To Determine Habitat Essential for Their Conservation on the
                       Islands of Kauai and Niihau
------------------------------------------------------------------------
                                             Proposed rules in which
                Species                   critical habitat designations
                                                   will be made
------------------------------------------------------------------------
Achyranthes mutica.....................  Hawaii Island.
Hibiscus brackenridgei.................  Maui and Kahoolawe reproposal;
                                          Lanai reproposal; Molokai
                                          reproposal; Hawaii Island;
                                          Oahu.
Isodendrion pyrifolium.................  Maui and Kahoolawe reproposal;
                                          Lanai reproposal; Molokai
                                          reproposal; Hawaii Island;
                                          Oahu.
Phlegmariurus mannii...................  Maui and Kahoolawe reproposal;
                                          Hawaii Island.
Silene lanceolata......................  Molokai reproposal; Lanai
                                          reproposal; Hawaii Island;
                                          Oahu.
Solanum incompletum....................  Maui and Kahoolawe reproposal;
                                          Lanai reproposal; Molokai
                                          reproposal; Hawaii Island.
Vigna o-wahuensis......................  Maui and Kahoolawe reproposal;
                                          Lanai reproposal; Molokai
                                          reproposal; Hawaii Island;
                                          Oahu.
------------------------------------------------------------------------

Critical habitat is not proposed for three species of loulu palm, 
Pritchardia aylmer-robinsonii, P. napaliensis, and P. viscosa for which 
we determined, on November 7, 2000, that critical habitat designation 
is not prudent because it would likely increase the threats from 
vandalism or collection of these species on Kauai and Niihau. No change 
is made to these prudency determinations in this proposal and they are 
hereby incorporated by reference (65 FR 66808). Critical habitat is not 
proposed for two species, Melicope quadrangularis and Acaena exigua, 
for which we determined, on November 7, 2000, and December 18, 2000, 
respectively, that critical habitat was not prudent because they had 
not been seen recently in the wild, and no viable genetic material of 
these species was known to exist. No change is made to these prudency 
determinations here and they are hereby incorporated by reference (65 
FR 66808, 65 FR 79192).

The Islands of Kauai and Niihau

    Because of its age and relative isolation, Kauai has levels of 
floristic diversity and endemism that are higher than on any other 
island in the Hawaiian archipelago. However, the vegetation of Kauai 
has undergone extreme alterations because of past and present land use. 
Land with rich soils was altered by the early Hawaiians, and more 
recently, converted to agricultural use or pasture (Gagne and Cuddihy 
1999). Intentional or inadvertent introduction of non-native plant and 
animal species has also contributed to the reduction of native 
vegetation on the island of Kauai. Native forests are now limited to 
the upper elevation mesic (moist) and wet regions within Kauai's 
conservation district. The land that supports the habitat essential to 
the conservation of the 83 plant taxa is owned by various private 
parties, the State of Hawaii (including State parks, forest reserves, 
natural area reserves, and a wilderness area), and the Federal 
Government. Most of the taxa included in this proposed rule persist on 
steep slopes, precipitous cliffs, valley headwalls, and other regions 
where unsuitable topography has prevented agricultural development, or 
where inaccessibility has limited encroachment by non-native plant and 
animal species.
    Niihau's relative isolation and severe environmental conditions 
have produced a few endemic species. Unfortunately, human disturbance, 
primarily ungulate ranching, has drastically changed the vegetation and 
hydrologic parameters of the island, leaving few of the native 
vegetation communities. Niihau has been privately owned since 1864 and 
access has been, and continues to be, restricted (Department of 
Geography 1998). Therefore, current information on plant locations and 
population status is extremely limited.

Discussion of Plant Taxa

Species Endemic to Kauai and Niihau

Alsinidendron lychnoides (kuawawaenohu)
    Alsinidendron lychnoides, a member of the pink family 
(Caryophyllaceae), is a weakly climbing or sprawling subshrub, woody at 
the base, with a dense covering of fine glandular hairs throughout. 
This short-lived perennial species is distinguished from others in this 
endemic Hawaiian genus by the weakly climbing or sprawling habit, color 
of the sepals (modified leaves), number of flowers per cluster, and 
size of the leaves. It is closely related to Alsinidendron viscosum, 
which differs primarily in having narrower leaves, fewer capsule 
valves, and fewer flowers per cluster (Wagner et al. 1999).
    This species was observed with fruits during February. No 
additional life history information for this species is currently known 
(Service 1998a).
    Historically, Alsinidendron lychnoides was found on the east rim of 
Kalalau Valley near Keanapuka, the western and southeastern margins of 
the Alakai Swamp, and southwest of the Swamp near Kaholuamano on the 
island of Kauai. Currently, there are two populations with a total of 
10 individual plants. This species is extant on State-owned land in the 
Alakai Swamp, the Mohihi Waialae Trail, Keanapuka and Pihea in the 
Alakai Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona 
Forest Reserve (Hawaii Natural Heritage Program (HINHP) Database 2000; 
Geographic Decision Systems International (GDSI) 2000).
    Alsinidendron lychnoides typically grows on steep riparian clay or 
silty soil banks in montane wet forests dominated by Metrosideros 
polymorpha (ohia) and Cheirodendron spp. (olapa), or by Metrosideros 
polymorpha and Dicranopteris linearis (uluhe), and at elevations 
between 828 and 1,344 meters (m) (2,715 and 4,408 feet (ft)). 
Associated native plant species include Asplenium spp. (No Common Name 
(NCN)), Astelia spp. (painiu), Broussaisia arguta (kanawao), Carex spp. 
(NCN), Cyrtandra spp. (haiwale), Diplazium sandwichianum (hoio), 
Elaphoglossum spp. (ekaha), Hedyotis terminalis (manono), Machaerina 
spp. (uki), Peperomia spp. (ala ala wai nui), or Vaccinium spp. (ohelo) 
(61 FR 53070; Ken Wood, National Tropical Botanical Garden (NTBG), 
pers. comm., 2001).
    The major threats to this species are competition from the 
aggressive non-native plant species Rubus argutus (prickly Florida 
blackberry); habitat degradation by feral pigs (Sus scrofa); trampling 
by humans; risk of extinction from naturally occurring events, such as 
landslides or hurricanes; and reduced reproductive vigor due to the 
small

[[Page 3945]]

number of extant individuals (61 FR 53070).
Alsinidendron viscosum (NCN)
    Alsinidendron viscosum, a member of the pink family 
(Caryophyllaceae), is a weakly climbing or sprawling subshrub densely 
covered with fine glandular hairs. This short-lived perennial species 
is distinguished from others in this endemic Hawaiian genus by the 
weakly climbing or sprawling habit, color of the sepals, number of 
flowers per cluster, and size of the leaves. It is closely related to 
Alsinidendron lychnoides, which differs primarily in having wider 
leaves and more capsule valves and flowers per cluster (Wagner et al. 
1999).
    Alsinidendron viscosum was observed in flower during January, 
February, and April 1995. No additional life history information for 
this species is currently known (Service 1998a).
    Historically, Alsinidendron viscosum was found at Kaholuamano, 
Kokee, Halemanu, Nawaimaka, and Waialae areas of northwestern Kauai. 
Currently, there are a total of five populations containing about 263 
individuals on the island of Kauai. These populations are on State-
owned land at the Halemanu Kokee Trail, Mohihi Waialae Trail, Kawaiiki 
Valley, Waialae Falls, and Nawaimaka Valley in the Alakai Wilderness 
Preserve, Kokee State Park, and the Na Pali-Kona Forest Reserve (61 FR 
53070; HINHP Database 2000; GDSI 2000).
    Alsinidendron viscosum is typically found at elevations between 754 
and 1,224 m (2,474 and 4,016 ft), on steep slopes in Acacia koa (koa)--
Metrosideros polymorpha lowland, montane mesic forest. Associated 
native plant species include Alyxia oliviformis (maile), Asplenium 
polydon (NCN), Bidens cosmoides (poola nui), Bobea spp. (ahakea), Carex 
meyenii (NCN), Carex wahuensis (NCN), Coprosma spp. (pilo), Dryopteris 
unidentata (NCN), Dryopteris glabra (hohiu), Dodonaea viscosa (aalii), 
Dubautia laevigata (naenae), Dianella sandwicensis (ukiuki), Dryopteris 
wallichiana (ionui), Doodia kunthiana (ohupukupulauii), Gahnia spp. 
(NCN), Ilex anomala (aiea), Melicope spp. (alani), Panicum 
nephelophilum (konakona), Pteridium aquilinum var. decompositum 
(bracken fern), Pleomele spp. (hala pepe), Psychotria spp. (kopiko), 
Schiedea stellarioides (laulihilihi), or Vaccinium dentatum (ohelo) (K. 
Wood, pers. comm., 2001).
    The major threats to this species are destruction of habitat by 
feral pigs and goats (Capra hircus); competition with the non-native 
plant species Rubus argutus, Lantana camara (lantana), and Melinis 
minutiflora (molasses grass); and a risk of extinction from naturally 
occurring events, such as landslides or hurricanes; and reduced 
reproductive vigor due to the small number of extant populations and 
individuals (61 FR 53070).

Brighamia insignis (olulu)

    Brighamia insignis, a member of the bellflower family 
(Campanulaceae), is an unbranched plant with a succulent stem that is 
bulbous at the bottom and tapers toward the top, ending in a compact 
rosette of fleshy leaves. This short-lived perennial species is a 
member of a unique endemic Hawaiian genus with only one other species, 
B. rockii, presently known only from Molokai, from which it differs by 
the color of its petals, its shorter calyx lobes, and its longer flower 
stalks (59 FR 9304; Lammers 1999).
    Current reproduction is not thought to be sufficient to sustain 
populations, with poor seedling establishment due to competition with 
non-native grasses as the limiting factor. Pollination by native 
sphingid moths (Sphingidae family) is likely; however, pollination 
failure is common, due to either a lack of pollinators or a reduction 
in genetic variability. The flower structure appears to favor out 
crossing (pollination between different parent plants). Some vegetative 
cloning has been observed and flower and leaf size appear to be 
dependent on moisture availability. Seeds of this species are 
undoubtedly dispersed by gravity. Although they may be blown for short 
distances, they are not obviously adapted for wind dispersal, being 
ovoid to ellipsoid, smooth, and lacking any sort of wing or outgrowth 
(59 FR 9304; Service 1995).
    Historically, Brighamia insignis was known from the headland 
between Hoolulu and Waiahuakua Valleys along the Na Pali Coast on the 
island of Kauai, and from Kaali Spring on the island of Niihau. 
Currently, there are a total of four populations containing a total of 
about 65 individuals on the islands of Kauai and Niihau. It is reported 
on State land (Hono O Na Pali Natural Area Reserve) and privately owned 
lands at Hoolulua and Waiahuakua Valleys, Haupu, and Keopaweo, and on 
the privately owned island of Niihau (Service 1995; GDSI 2000; HINHP 
Database 2000; Steve Perlman, NTBG, pers. comm., 2000).
    Brighamia insignis is found at elevations between 0 and 748 m (0 
and 2,453 ft) on rocky ledges with little soil or on steep sea cliffs 
in lowland dry grasslands or shrublands with annual rainfall that is 
usually less than 165 cm (65 in.). Associated native plant species 
include Artemisia australis, Chamaesyce celastroides, Eragrostis 
variabilis, Heteropogon contortus, Hibiscus kokio, Hibiscus kokio ssp. 
saintjohnianus, Lepidium serra, Lipochaeta succulenta (nehe), 
Munroidendron racemosum, or Sida fallax (59 FR 9304; K. Wood, pers. 
comm., 2001).
    The major threats to this plant are browsing and habitat 
degradation by feral goats; human disturbance; fire; the introduced 
Carmine spider mite (Tetranychus cinnabarinus); a risk of extinction 
from naturally occurring events, such as landslides or hurricanes, due 
to the small number of individuals; restricted distribution; reduced 
reproductive vigor; and competition from non-native plant species such 
as Melinis minutiflora, Setaria gracilis, Sporobolus africanus 
(smutgrass), Lantana camara, Psidium cattleianum, Psidium guajava, 
Kalanchoe pinnata, Ageratum conyzioides (maile hohono), or 
Stachytarpheta dichotoma (59 FR 9304).

Chamaesyce halemanui (NCN)

    Chamaesyce halemanui, a short-lived perennial member of the spurge 
family (Euphorbiaceae), is a scandent (climbing) shrub. It is 
distinguished from closely related species by its decussate leaves 
(arranged in pairs at right angles to the next pair above or below), 
persistent stipules (bract-or leaf-like structures), more compact 
flower clusters, shorter stems on cyathia, and smaller capsules (57 FR 
20580; Koutnik 1987; Koutnik and Huft 1999).
    Little is known about the life history of Chamaesyce halemanui. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Chamaesyce halemanui was found in Kauhao and Makaha 
Valleys in the Na Pali-Kona Forest Reserve, Mahanaloa Valley in Kuia 
NAR, the Halemanu drainage in Kokee State Park, and Olokele Canyon on 
the island of Kauai. Currently, there are a total of six populations, 
containing about 143 individuals, in Kuia Valley, Poopooiki Valley, 
Kauhao Valley, Kaha Ridge, Awaawapuhi Valley, Waipio Falls, Halemanu, 
and Kaluahaulu in the Kokee State Park, Kuia Natural Area Reserve, and 
Na Pali-Kona Forest Reserve on State-owned land (K. Wood, in litt. 
1999; HINHP Database 2000; GDSI 2000; K. Wood, pers. comm., 2001).
    Chamaesyce halemanui is typically found on the steep slopes of 
gulches in mesic Acacia koa forests at elevations

[[Page 3946]]

between 556 and 1,202 m (1,825 and 3,944 ft). Associated native plant 
species include Asplenium spp., Alphitonia ponderosa (kauila), 
Antidesma platyphyllum (hame), Bobea brevipes (ahakea lau lii), Carex 
meyenii, Carex wahuensis, Cheirodendron trigynum (olapa), Coprosma 
spp., Diospyros sandwicensis (lama), Dodonaea viscosa, Elaeocarpus 
bifidus (kalia), Hedyotis terminalis, Kokia kauaiensis (kokio), 
Metrosideros polymorpha, Melicope haupuensis (alani), Microlepia 
strigosa (NCN), Panicum nephelophilum, Pisonia spp. (papala kepau), 
Pittosporum spp. (hoawa), Pleomele aurea (hala pepe), Psychotria 
mariniana (kopiko), Psychotria greenwelliae (kopiko), Pouteria 
sandwicensis (alaa), Santalum freycinetianum (iliahi), or Styphelia 
tameiameiae (pukiawe) (57 FR 20580; K. Wood, pers. comm., 2001).
    The major threats to this species are competition from non-native 
plants, such as Lantana camara, Psidium cattleianum (strawberry guava), 
and Stenotaphrum secundatum (St. Augustine grass); habitat degradation 
by feral pigs; restricted distribution; small population size; 
increased potential for extinction resulting from naturally occurring 
events, such as landslides or hurricanes; and depressed reproductive 
vigor (57 FR 20580).

Cyanea asarifolia (haha)

    Cyanea asarifolia, a member of the bellflower family 
(Campanulaceae), is a sparingly branched shrub. This short-lived 
perennial species is distinguished from others of the genus that grow 
on Kauai by the shape of the leaf base, the leaf width in proportion to 
the length, and the presence of a leaf stalk (59 FR 9304; Lammers 
1999).
    Little is known about the life history of Cyanea asarifolia. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Cyanea asarifolia was known only from along the bank 
of Anahola Stream on Kauai. Currently, one population with 
approximately five individuals is reported from the headwaters of the 
Wailua River in central Kauai on State-owned land in the Lihue-Koloa 
Forest Reserve (HINHP Database 2000; GDSI 2000).
    This species typically grows in pockets of soil on sheer wet rock 
cliffs and waterfalls in lowland wet forests at elevations between 182 
and 1,212 m (597 and 3,976 ft). Associated native plant species include 
ferns, Bidens spp. (kookoolau), Dubautia plantaginea (naenae), Hedyotis 
centranthoides (NCN), Hedyotis elatior (awiwi), Lysimachia filifolia 
(kolokolo kuahiwi), Machaerina angustifolia (uki), Metrosideros 
polymorpha, or Panicum lineale (NCN) (59 FR 9304; K. Wood, pers. comm., 
2001).
    The major threats to this species are a risk of extinction from 
naturally occurring events, such as hurricanes and rock slides, and/or 
reduced reproductive vigor due to the small number of existing 
individuals; predation by introduced slugs and rodents (rats (Rattus 
rattus) and mice (Mus musculus)); and habitat degradation by feral pigs 
(59 FR 9304).

Cyanea recta (haha)

    Cyanea recta, a member of the bellflower family (Campanulaceae), is 
an unbranched shrub with densely hairy flowers. This short-lived 
perennial species is distinguished from other species in the genus that 
grow on Kauai by the following collective characteristics: horizontal 
or ascending inflorescence; narrowly elliptic leaves 12 to 28 
centimeters (cm) (4.7 to 11 inches (in.).) long, flat leaf margins; and 
purple berries (Lammers 1990).
    Little is known about the life history of Cyanea recta. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Cyanea recta was found in upper Hanalei Valley, 
Waioli Valley, Hanapepe Valley, Kalalau cliffs, Wainiha Valley, 
Makaleha Mountains, Limahuli Valley, Power line Trail, and the Lehua 
Makanoe-Alakai area on the island of Kauai. Currently, there is a total 
of seven populations, with approximately 609 individuals, on State and 
private lands in the following areas: Waioli Valley, the left and right 
branches of Wainiha Valley, Makaleha Mountains, and Puu Eu, including 
areas in Halelea Forest Reserve, Kealia Forest Reserve, and the Lihue-
Koloa Forest Reserve (GDSI 2000; HINHP Database 2000).
    Cyanea recta grows in lowland wet or mesic Metrosideros polymorpha 
forest or shrubland, usually in gulches or on slopes, and typically at 
elevations between 234 and 1,406 m (768 and 4,613 ft). Associated 
native plant species include Dicranopteris linearis, Psychotria spp., 
Antidesma spp. (hame), Cheirodendron platyphyllum (lapalapa), Cibotium 
spp. (hapuu), or Diplazium spp. (NCN) (61 FR 53070; K. Wood, pers. 
comm., 2001).
    The major threats to this species are bark removal and other damage 
by rats; habitat degradation by feral pigs; browsing by goats; 
unidentified slugs that feed on the stems; and competition with the 
non-native plant species Blechnum occidentale (blechnum fern), Lantana 
camara, Rubus rosifolius (thimbleberry), Clidemia hirta (Koster's 
curse), Crassocephalum crepidioides (NCN), Deparia petersenii (NCN), 
Erechtites valerianifolia (fireweed), Melastoma candidum (NCN), 
Paspalum conjugatum (Hilo grass), Sacciolepis indica (Glenwood grass), 
or Youngia japonica (Oriental hawksbeard) (61 FR 53070).
Cyanea remyi (haha)
    Cyanea remyi, a member of the bellflower family (Campanulaceae), is 
a shrub with generally unbranched, unarmed (lacking prickles) stems 
which are hairy toward the base. This short-lived perennial species is 
distinguished from others in the genus that grow on Kauai by its 
shrubby habit, relatively slender, unarmed stems, smooth or minutely 
toothed leaves, densely hairy flowers, the shape of the calyx (outer 
whorl of flower consisting sepals) lobes, length of the calyx and 
corolla (part of flower consisting of separate or fused petals), and 
length of the corolla lobe relative to the floral tube (Lammers 1999).
    Little is known about the life history of Cyanea remyi. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown.
    Currently, there are seven known populations with approximately 374 
plants among them on the island of Kauai. Cyanea remyi is reported from 
Pali Eleele, Waioli Valley, Makaleha, Blue Hole, Kawaikini, and 
Kapalaoa on privately and State-owned lands, including the Halelea and 
Lihue-Koloa Forest Reserves (Lammers and Lorence 1993; K. Wood, in 
litt. 1999; HINHP Database 2000; GDSI 2000).
    Cyanea remyi is usually found in tight drainages and wet stream 
banks in lowland wet forest or shrubland at elevations between 215 and 
1,167 m (704 and 3,829 ft). Associated native plant species include 
various ``finger'' (ferns in the Grammitaceae family) and ``filmy'' 
(ferns in the Hymenophyllaceae family) fern species, Adenophorus spp. 
(pendant fern), Antidesma spp., Cheirodendron spp., Cyrtandra spp., 
Diplazium sandwichianum, Eragrostis grandis (kawelu), Bidens spp., 
Broussaisia arguta, Metrosideros polymorpha, Freycinetia arborea 
(ieie), Hedyotis terminalis, Machaerina angustifolia, Perrottetia 
sandwicensis (olomea), Pipturus spp. (mamaki),

[[Page 3947]]

Psychotria hexandra (kopiko), Syzygium sandwicensis (ohia ha), 
Thelypteris spp. (palapalaia), Touchardia spp. (olona), or Urera glabra 
(opuhe) (61 FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with the non-
native plant species Erechtites valerianifolia, Paspalum conjugatum, 
Psidium cattleianum, Rubus rosifolius, or Melastoma candidum; habitat 
degradation by feral pigs; browsing by feral goats; predation by rats; 
unidentified slugs that feed on the stems; and a risk of extinction 
from naturally occurring events, such as landslides or hurricanes, due 
to the small number of remaining populations (61 FR 53070).
Cyanea undulata (NCN)
    Cyanea undulata is an unbranched (or the stem is occasionally 
forked) shrub or undershrub with fine rust-colored hairs covering the 
lower surface of the leaves (Lammers 1999).
    Native members of the Campanulaceae (bellflower) family, including 
the genus Cyanea, are generally believed to have adapted to pollination 
by native nectar-eating passerine birds, such as the Hawaiian 
``honeycreepers.'' The long, tubular, slightly curved flowers of C. 
undulata fit this model, but field observations are lacking. The fleshy 
orange fruits of this species are adapted for bird dispersal like other 
species of Cyanea. Although recognized as a short-lived perennial 
species, specific details of the life history of this species, such as 
growth rates, age plants begin to flower, and longevity of plants, are 
unknown (Lorence and Flynn 1991; Service1994).
    Historically, Cyanea undulata was known only from the Wahiawa Bog 
area on Kauai. Currently, one population with a total of 28 plants is 
reported on privately owned land along the bank of a tributary of the 
Wahiawa Stream in the Wahiawa Drainage (HINHP Database 2000; GDSI 
2000).
    Cyanea undulata typically grows in tight drainages and wet stream 
banks in Metrosideros polymorpha dry to montane wet forest or shrubland 
at elevations between 145 and 1,066 m (476 and 3,497 ft). Associated 
native species include various grammitid and filmy ferns, Adenophorus 
spp., Antidesma spp., Broussaisia arguta, Cheirodendron spp., Diplazium 
sandwichianum, Dryopteris glabra, Eragrostis grandis, Bidens spp, 
Freycinetia arborea, Machaerina angustifolia, Mariscus spp. (NCN), 
Melicope feddei (alani), Perrottetia sandwicensis, Pipturus spp., 
Psychotria mariniana, Psychotria hexandra, Sadleria pallida (amau), 
Sadleria squarrosa (amau), Smilax melastomifolia (pioi), Sphenomeris 
chinensis (palaa), Syzygium sandwicensis, or Thelypteris spp. (Service 
1994; K. Wood, pers. comm., 2001).
    The primary threats to this species include competition with the 
non-native plant species Psidium cattleianum, Melastoma candidum, 
Rhodomyrtus tomentosa (rose myrtle), Clidemia hirta, Melaleuca 
quinquenervia (paperbark tree), Stachytarpheta dichotoma (owi), Rubus 
rosifolius, Elephantopus mollis (NCN), Erechtites valerianifolia, 
Youngia japonica, Pluchea carolinensis (sourbush), Oplismenus hirtellus 
(basketgrass), Paspalum conjugatum, Paspalum urvillei (Vasey grass), 
Sacciolepis indica, Setaria gracilis (yellow foxtail), Deparia 
petersenii, or Cyathea cooperi (Australian tree fern); trampling by 
feral pigs; landslides; seed predation by rats; herbivory by introduced 
slugs; loss of pollinators; hurricanes; and decreased reproductive 
vigor, restricted distribution, and extinction due to unforseen 
circumstances because of small population size (56 FR 47695; Service 
1994).
Cyrtandra cyaneoides (mapele)
    Cyrtandra cyaneoides, a member of the African violet family 
(Gesneriaceae), is an erect or ascending, fleshy, usually unbranched 
shrub with opposite toothed leaves which have impressed veins on the 
lower surface that are sparsely covered with long hairs. This short-
lived perennial species differs from others of the genus that grow on 
Kauai by being a succulent, erect or ascending shrub and having a 
bilaterally symmetrical calyx that is spindle-shaped in bud and falls 
off after flowering, leaves that are 41 to 56 cm (16 to 22 in.) long 
and 23 to 35 cm (9 to 14 in.) wide and have a wrinkled surface, and 
berries with shaggy hairs (Wagner et al. 1999).
    Little is known about the life history of Cyrtandra cyaneoides. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Cyrtandra cyaneoides was known to occur only along 
the trail to Waialae Valley on Kauai until recently discovered in other 
areas. It is currently known from five populations, containing about 
404 individuals, on private and State lands (including Halelea Forest 
Reserve and Alakai Wilderness Preserve) at Pihea, Waioli Valley, 
Lumahai, the left branch of Wainiha Valley, and Makaleha (61 FR 53070; 
GDSI 2000; HINHP Database 2000).
    Cyrtandra cyaneoides typically grows on talus rubble on steep 
slopes or cliffs with water seeps running below, near streams or 
waterfalls in lowland or montane wet forest or shrubland dominated by 
Metrosideros polymorpha or a mixture of Metrosideros polymorpha, 
Cheirodendron spp., and Dicranopteris linearis at elevations between 
157 and 1,406 m (514 and 4,614 ft). Associated native species include 
Bidens spp., Boehmeria grandis (akolea), Cyanea spp. (haha), Cyrtandra 
longifolia (haiwale), Cyrtandra kauaiensis (haiwale), Cyrtandra 
limahuliensis (haiwale), Coprosma spp., Diplazium sandwichianum, 
Freycinetia arborea, Gunnera spp. (ape ape), Hedyotis terminalis, 
Hedyotis tryblium (NCN), Machaerina spp., Melicope clusiifolia 
(kolokolo mokihana), Melicope puberula (alani), Perrottetia 
sandwicensis, Pipturus spp., Psychotria spp., Pritchardia spp. (loulu), 
or Stenogyne purpurea. (NCN) (61 FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with non-native 
plant species such as Paspalum conjugatum, Rubus rosifolius, Deparia 
petersenii, and Drymaria cordata (pipili); predation of seeds by rats; 
reduced reproductive vigor and a risk of extinction from naturally 
occurring events, such as landslides and hurricanes, due to the small 
number of populations; and habitat degradation by feral pigs (61 FR 
53070).
Cyrtandra limahuliensis (haiwale)
    Cyrtandra limahuliensis, a member of the African violet family 
(Gesneriaceae), is an unbranched or few-branched shrub with moderately 
or densely hairy leaves. The following combination of characteristics 
distinguishes this short-lived perennial species from others of the 
genus: the leaves are usually hairy (especially on lower surfaces), the 
usually symmetrical calyx is tubular or funnel-shaped and encloses the 
fruit at maturity, and the flowers are borne singly (Wagner et al. 
1990).
    Little is known about the life history of Cyrtandra limahuliensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Cyrtandra limahuliensis was known from three 
locations on Kauai: Wainiha Valley, Lumahai Valley, and near Kilauea 
River until recently discovered in additional areas. Currently, a total 
of 11 populations,

[[Page 3948]]

containing approximately 822 plants, are reported on private and State 
lands (including the Halelea Forest Reserve, Kealia Forest Reserve, and 
the Lihue-Koloa Forest Reserve) at Limahuli Falls, Lumahai Valley, 
Waipa Valley, Waioli Valley, Kekoiki, Makaleha, the right fork of 
Wainiha Valley, Kualapa and Blue Hole, Kepalaoa, and Puu Kolo. However, 
it has been estimated that the total number of plants on Kauai may be 
as high as a few thousand (HINHP Database 2000; GDSI 2000).
    This species typically grows along stream banks in lowland wet 
forests at elevations between 208 and 1,594 m (681 and 5,228 ft). 
Associated native plant species include Antidesma spp., Boehmeria 
grandis, Bidens spp., Charpentiera spp. (papala), Cibotium glaucum 
(hapuu), Cyanea spp., Cyrtandra kealiae (haiwale), Dicranopteris 
linearis, Diplazium sandwichianum, Dubautia spp. (naenae), Eugenia spp. 
(nioi), Gunnera kauaiensis (ape ape), Hedyotis terminalis, Hibiscus 
waimeae (kokio keokeo), Metrosideros polymorpha, Perrottetia 
sandwicensis, Pisonia spp., Pipturus spp., Pritchardia spp., Psychotria 
spp., Touchardia latifolia (olona), or Urera glabra (59 FR 9304; K. 
Wood, pers. comm., 2001).
    The major threats to this species are competition from non-native 
plant species (Psidium cattleianum, Paspalum conjugatum, Melastoma 
candidum, Psidium guajava (common guava), Hedychium flavescens (yellow 
ginger), Rubus rosifolius, Youngia japonica, Erechtites valerianifolia, 
Blechnum occidentale, or Clidemia hirta); habitat degradation by feral 
pigs; natural landslides; and hurricanes (59 FR 9304).
Delissea rhytidosperma (NCN)
    Delissea rhytidosperma, a member of the bellflower family 
(Campanulaceae), is a branched shrub with lance-shaped or elliptic 
toothed leaves. This short-lived perennial species differs from other 
species of the genus by the shape, length, and margins of the leaves 
and by having hairs at the base of the anthers (part of stamen that 
produces pollen and usually is borne on a stalk) (Lammers 1999).
    Little is known about the life history of Delissea rhytidosperma. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Delissea rhytidosperma was known from as far north as 
Wainiha and Limahuli Valleys, as far east as Kapaa and Kealia, and as 
far south as Haupu Range, between the elevations of 122 and 915 m (400 
and 3,000 ft) on the island of Kauai. Currently, three populations, on 
private and State lands (including Kuia Natural Area Reserve), with a 
total of 19 individuals, are reported from Kuia Valley, Puhakukane, and 
the Haupu range (HINHP Database 2000; GDSI 2000).
    This species generally grows in well-drained soils with medium or 
fine-textured subsoil in Diospyros diverse lowland mesic or diverse 
Metrosideros polymorpha-Acacia koa forests at elevations between 167 
and 895 m ( 547 and 2,935 ft). Associated native plant species include 
grammitid ferns, Adenophorus oligadenus (pendant fern), Cyanea spp., 
Dianella sandwicensis, Diospyros sandwicensis, Dodonaea viscosa, Doodia 
kunthiana, Euphorbia haeleeleana (akoko), Hedyotis spp. (NCN), 
Microlepia strigosa, Nestegis sandwicensis (olopua), Psychotria hobdyi 
(kopiko), Pisonia spp., Pteralyxia spp.(kaulu), or Styphelia 
tameiameiae (59 FR 9304; K. Wood, pers. comm., 2001).
    The major threats to this species are predation and/or habitat 
degradation by mule or black-tailed deer (Odocoileus hemionus 
columbianus), feral pigs, and goats; herbivory by rats and introduced 
slugs; fire; and competition with the non-native plants Lantana camara, 
Passiflora ligularis (sweet granadilla), Cordyline fruticosa (ti), and 
Passiflora mollissima (banana poka); and a risk of extinction from 
naturally occurring events, such as landslides or hurricanes, and/or 
reduced reproductive vigor due to the small number of existing 
individuals (59 FR 9304; Service 1995).
Delissea rivularis (oha)
    Delissea rivularis, a member of the bellflower family 
(Campanulaceae), is a shrub, unbranched or branched near the base, with 
hairy stems and leaves arranged in a rosette at the tips of the stems. 
This short-lived perennial species is distinguished from others of the 
genus by the color, length, and curvature of the corolla, shape of the 
leaves, and presence of hairs on the stems, leaves, flower clusters, 
and corolla (Lammers 1999).
    Little is known about the life history of Delissea rivularis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Delissea rivularis was found at Waiakealoha 
Waterfall, Waialae Valley, Hanakoa Valley, and Kaholuamanu on the 
island of Kauai (61 FR 53070). Currently, this species is known from 
two populations with a total of 40 individuals. The populations are 
reported from Moaalele and Hanakapiai on State land within the Hono o 
Na Pali Natural Area Reserve (K. Wood, in litt. 1999; HINHP Database 
2000; GDSI 2000).
    Delissea rivularis is found on steep slopes near streams in 
Metrosideros polymorpha-Cheirodendron trigynum montane wet or mesic 
forest at elevations between 722 and 1,306 m (2,370 and 4,286 ft). 
Associated native plant species include Boehmeria grandis, Broussaisia 
arguta, Carex spp., Coprosma spp., Dubautia knudsenii (naenae), 
Diplazium sandwichianum, Hedyotis foggiana (NCN), Ilex anomala, 
Machaerina angustifolia, Melicope clusiifolia, Melicope anisata 
(mokihana), Pipturus spp., Psychotria hexandra, or Sadleria spp. (amau) 
(61 FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with the 
encroaching non-native plant Rubus argutus; habitat destruction by 
feral pigs; predation by rats; and reduced reproductive vigor and a 
risk of extinction from naturally occurring events, such as landslides 
or hurricanes, due to the small number of remaining individuals (61 FR 
53070; Service 1998a).
Diellia pallida (NCN)
    Diellia pallida, a member of the spleenwort family (Aspleniaceae), 
is a plant that grows in tufts of three to four light green, lance-
shaped fronds along with a few persistent dead ones, and reproduces by 
spores, the minute, reproductive dispersal unit of ferns and fern 
allies. This short-lived perennial species differs from others of this 
endemic Hawaiian genus by the color and sheen of the midrib, the 
presence and color of scales on the midrib, and the frequent fusion of 
sori (a group or cluster of spore cases) (Wagner 1952, 1987).
    Little is known about the life history of Diellia pallida. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Diellia pallida was known historically from Halemanu on the island 
of Kauai. More recently additional populations have been found and 
currently, there is a total of four populations with 20 to 25 
individuals in Mahanaloa and Kuia Valleys, Makaha Valley, Waimea 
Canyon, and Koaie Canyon, all on State-owned land including Kuia 
Natural Area Reserve, Na Pali-Kona Forest Reserve, and Puu Ka Pele 
Forest Reserve (59 FR 9304; K. Wood, in litt. 1999; HINHP Database 
2000; GDSI 2000).

[[Page 3949]]

    This species grows on bare granular soil with dry to mesophytic 
leaf litter with pH of 6.9 to 7.9. on steep, talus slopes in lowland 
mesic forests at elevations between 445 and 1,027 m (1,460 and 3,371 
ft). Associated native plant species include Acacia koa, Alectryon 
macrococcus, Alphitonia ponderosa, Alyxia oliviformis, Antidesma 
platyphyllum, Asplenium spp., Carex meyenii, Diospyros hillebrandii 
(lama), Diospyros sandwicensis, Doodia kunthiana, Hedyotis knudsenii 
(NCN), Metrosideros polymorpha, Microlepia strigosa, Myrsine lanaiensis 
(kolea), Nestegis sandwicensis, Psychotria mariniana, Psydrax odoratum 
(alahee), Pteralyxia kauaiensis (kaulu), Rauvolfia sandwicensis (hao), 
Styphelia tameiameiae, Tetraplasandra kauaiensis (ohe ohe), Wilkesia 
gymnoxiphium (iliau), or Zanthoxylum dipetalum (ae) (59 FR 9304; K. 
Wood, pers. comm., 2001).
    The major threats to this species include competition with the non-
native plants Lantana camara, Melia azedarach (Chinaberry), 
Stenotaphrum secundatum, Oplismenus hirtellus, Aleurites moluccana 
(kukui) or Cordyline fruticosa; predation and habitat degradation by 
feral goats, pigs, and deer; fire; and a risk of extinction from 
naturally occurring events, such as landslides or hurricanes, and/or 
reduced reproductive vigor due to the small number of existing 
individuals (59 FR 9304).
Dubautia latifolia (naenae)
    Dubautia latifolia, a member of the aster family (Asteraceae), is a 
diffusely branched, woody perennial vine with leaves which are 
conspicuously net-veined, with the smaller veins outlining nearly 
square areas. A vining habit, distinct petioles (stalks), and broad 
leaves with conspicuous net veins outlining squarish areas separate 
this from closely related species (Carr 1982b, 1985, 1999a).
    Individual plants of this species do not appear to be able to 
fertilize themselves. Since at least some individuals of Dubautia 
latifolia require cross-pollination, the wide spacing of individual 
plants (e.g., each 0.5 kilometer (km) (0.3 mile (mi)) apart) may pose a 
threat to the reproductive potential of the species. The very low seed 
set noted in plants in the wild indicates a reproductive problem, 
possibly asynchronous flowering or lack of pollinators. Seedling 
establishment and survival to juvenile stage is also rare. Dubautia 
latifolia experiences seasonal vegetative decline during the spring and 
summer, often losing most of its leaves. New growth and flowering occur 
in the fall, with fruits developing in November. Pollinators and seed 
dispersal agents are unknown (Carr 1982b; Service 1995).
    Historically, Dubautia latifolia was found in the Makaha, 
Awaawapuhi, Waialae, Kawaiula, and Kauhao Valleys of the Na Pali-Kona 
Forest Reserve, Nualolo Trail and Valley in Kuia Natural Area Reserve; 
Halemanu in Kokee State Park; along Mohihi Road in both Kokee State 
Park and Na Pali-Kona Forest Reserve, along the Mohihi-Waialae Trail on 
Mohihi and Kohua Ridges in both Na Pali-Kona Forest Reserve and Alakai 
Wilderness Preserve; and at Kaholuamanu on the island of Kauai. 
Currently, there are a total of nine populations containing 
approximately 80 individuals on State-owned land in Kauhao Valley, 
Makaha Valley headwaters, Kuia Valley, Kawaiula Valley, Kumuwela Ridge, 
Awaawapuhi Valley, Waiakoali picnic area, Alakai picnic area, Honopu 
Trail, Nualolo Trail, Waineke Swamp, Noe Stream, Kumuwela Ridge, Mohihi 
Ditch, Mohihi Waialae Trail, and Kaluahaulu Ridge in the Alakai 
Wilderness Preserve, Kokee State Park, Kuia Natural Area Reserve, Na 
Pali-Kona Forest Reserve, and the Waimea Canyon State Park (Carr 1982b; 
K. Wood, in litt. 1999; HINHP Database 2000; GDSI 2000).
    This species typically grows on gentle to steep slopes in well 
drained soil and in semi-open or closed, diverse montane mesic forest 
dominated by Acacia koa and/or Metrosideros polymorpha, at elevations 
between 544 and 1,277 m (1,786 and 4,189 ft). Commonly associated 
native plant species are Alphitonia ponderosa, Antidesma spp., Bobea 
spp., Claoxylon sandwicense (poola), Coprosma waimeae (olena), 
Cyrtandra spp., Dicranopteris linearis, Diplazium sandwichianum, 
Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis terminalis, Ilex 
anomala, Melicope anisata, Nestegis sandwicensis, Pleomele spp., 
Pouteria sandwicensis, Psychotria mariniana, Scaevola spp. (naupaka), 
or Xylosma spp. (maua) (59 FR 9304; K. Wood, pers. comm., 2001).
    The threats to this species include competition from the non-native 
plants Passiflora mollissima, Rubus argutus, Lonicera japonica 
(Japanese honeysuckle), Acacia mearnsii (black wattle), Hedychium spp. 
(ginger), Erigeron karvinskianus (daisy fleabane), or Psidium 
cattleianum; damage from trampling and grazing by feral pigs and deer; 
vehicle traffic and road maintenance; seasonal dieback; small number of 
extant individuals; and restricted distribution (59 FR 9304).
Dubautia pauciflorula (naenae)
    Dubautia pauciflorula, a member of the aster family (Asteraceae), 
is a somewhat sprawling shrub or erect small tree with narrowly lance-
shaped or elliptic leaves clustered toward the ends of the stems. The 
tiny, two- to four-flowered heads distinguish this short-lived 
perennial species from its relatives (Carr 1985, 1999a).
    Few details are known about the life history of any Dubautia 
species under natural conditions. Certain species produce viable seed 
when self-pollinated (self-fertile), although others fail to do so 
(self-infertile). Low pollinator numbers resulting in reduced cross-
pollination and consequently low numbers of viable seeds could explain 
the small population sizes. Because of their structure and small size, 
flowers of D. pauciflorula are presumably pollinated by small 
generalist insects, although field observations are lacking. The 
bristle-like pappus (tuft of appendages that crowns the ovary or fruit) 
probably represents an adaptation for wind dispersal. Very little is 
known about the life cycle of this species, including growth rates, 
longevity of the plants, and number of years the plants remain 
reproductive (56 FR 47695; Carr 1985; Service 1994).
    Historically and currently, this species is found only on State 
(including the Lihue-Koloa Forest Reserve) and privately owned lands in 
the Wahiawa Drainage on Kauai. There are two populations containing 42 
individual plants (HINHP Database 2000; GDSI 2000).
    These populations are found in Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest within stream drainages at 
elevations between 564 and 1,093 m (1,849 and 3,587 ft). Associated 
native plant species include Antidesma platyphyllum, Broussaisia 
arguta, Cheirodendron spp., Dubautia laxa (naenae pua melemele), 
Embelia pacifica (kilioe), Hesperomannia lydgatei, Labordia waialealae 
(kamakahala lau lii), Melicope spp., Nothoperanema rubiginosa (NCN), 
Pritchardia spp., Psychotria spp., Sadleria spp., Scaevola mollis 
(naupaka kuahiwi), Syzygium sandwicensis, or Tetraplasandra spp. (ohe 
ohe) (K. Wood, pers. comm., 2001).
    The threats to this plant include direct competition with the non-
native plant species such as Psidium cattleianum or Melastoma candidum, 
and potential threats from Rhodomyrtus tomentosa, Clidemia hirta, 
Melaleuca quinquenervia, Stachytarpheta dichotoma, Rubus rosifolius, 
Elephantopus mollis, Erechtites

[[Page 3950]]

valerianifolia, Youngia japonica, Pluchea carolinensis, Oplismenus 
hirtellus, Paspalum conjugatum, Paspalum urvillei, Sacciolepis indica, 
Setaria gracilis, Deparia petersenii, or Cyathea cooperi; trampling by 
feral pigs; landslides and erosion; restricted distribution; and 
hurricanes (56 FR 47695; Service 1994).
Exocarpos luteolus (heau)
    Exocarpos luteolus, a member of the sandalwood family 
(Santalaceae), is a moderately to densely branched shrub with knobby 
branches and leaves which are either minute scales or typical leaves. 
This short-lived perennial species is distinguished from others of the 
genus by its generally larger fruit with four indentations and by the 
color of the receptacle and fruit (Wagner et al. 1999).
    Little is known about the life history of Exocarpos luteolus. This 
species tends to grow at habitat edges where there is adequate light 
and is likely to be semi-parisitic. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, other specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Historically, Exocarpos luteolus was known from three general 
locations on Kauai: Wahiawa Bog, Kaholuamanu, and Kumuwela Ridge. 
Currently, there is a total of eight populations containing 
approximately 75 individual plants. This species has a scattered 
distribution on State (Kuia Natural Area Reserve, Na Pali Coast State 
Park, Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest Reserve) and 
privately owned lands and is reported from Pohakuao, the right fork of 
Kalalau Valley, the left fork of Kalalau Valley, Hipalau Valley, Koaie 
Canyon, Mahanaloa Valley, Kuia Valley, Poopooiki Valley, Nualolo Trail, 
Makaha Valley, and Haeleele Valley (K. Wood, in litt. 1999; HINHP 
Database 2000; GDSI 2000).
    This species is found at elevations between 361 and 1,465 m (1,183 
and 4,808 ft) in wet places bordering swamps or open bogs; open, dry 
ridges in lowland or montane mesic Acacia koa-Metrosideros polymorpha 
dominated forest communities with Dicranopteris linearis. Associated 
native plant species include 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 (Hawaiian bluegrass), Schiedea 
stellarioides, Peperomia macraeana (ala ala wai nui), Claoxylon 
sandwicense, Santalum freycinetianum, or Styphelia tameiameiae (59 FR 
9304; Service 1995; K. Wood, pers. comm., 2001).
    The major threats to this species are feral goats and pigs; 
competition with the non-native plants Erigeron karvinskianus, Acacia 
mearnsii, Corynocarpus laevigata (karakanut), Myrica faya (firetree), 
or Rubus argutus; seed predation by rats; fire; and erosion (59 FR 
9304; Service 1995).
Hedyotis st.-johnii (Na Pali beach hedyotis)
    Hedyotis st.-johnii, a member of the coffee family (Rubiaceae), is 
a succulent perennial herb with slightly woody, trailing, quadrangular 
stems and fleshy leaves clustered towards the base of the stem. This 
species is distinguished from related species by its succulence, 
basally clustered fleshy leaves, shorter floral tube, and large leafy 
calyx lobes when in fruit (Wagner et al. 1999).
    Little is known about the life history of Hedyotis st.-johnii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Currently, there are a total of four populations, containing 
approximately 296 individuals, on State-owned land in Nualolo Valley, 
Nualolo Kai, Kaahole Valley, Keawanui, Kawaiula Valley, Milolii Spring, 
Makaha Point, Polihale Spring, Kalepa Valley, and Nakeikionaiwi Caves 
within the Na Pali Coast State Park and Puu Ka Pele Forest Reserve 
(HINHP Database 2000; GDSI 2000).
    This plant grows in the crevices of north-facing, near-vertical 
coastal cliff faces in sparse dry coastal shrubland at elevations 
between 0 and 187 m (0 and 613 ft). Associated native plant species 
include Artemisia australis (ahinahina), Bidens spp., Capparis 
sandwichiana (maia pilo), Chamaesyce celastroides (akoko), Eragrostis 
variabilis (kawelu), Heteropogon contortus (pili grass), Lipochaeta 
connata (nehe), Lycium sandwicense (ohelo kai), Myoporum sandwicense 
(naio), Nototrichium sandwicense (kului), or Schiedea apokremnos 
(maolioli) (56 FR 49639, K. Wood, pers. comm., 2001).
    The major threats to this species are herbivory and habitat 
degradation by feral goats; competition from non-native plant species, 
especially Pluchea carolinensis; landslides; fire; trampling and 
grazing by cattle (Bos taurus); and a risk of extinction due to 
naturally occurring events, such as landslides or hurricanes, as well 
as decreased reproductive vigor because of the small population sizes 
and restricted distribution (56 FR 49639; Service 1995).
Hesperomannia lydgatei (NCN)
    Hesperomannia lydgatei, a member of the aster family (Asteraceae) 
is a sparsely branched, small, long-lived perennial tree 2 to 4 m (6.5 
to 13 ft) tall with alternately arranged, lance-shaped, or elliptic 
leaves that are 10 to 30 cm (4 to 12 in.) long and 3.5 to 9 cm (1.4 to 
3.5 in.) wide, broader above the middle and paler beneath. The flower 
heads are in groups of four or five on slender stems and are clustered 
at the ends of branches and pendant when mature. The flower heads 
consist of four to eight circles of overlapping bracts, the outer are 
purplish or brownish and the inner are silver, that surround the 
slender, tubular yellow florets, which are 2.2 to 2.5 cm (0.9 to 1 in.) 
long (Wagner et al. 1999).
    Almost no mature fruits develop, and it is possible that it is 
self-infertile and fails to set seed unless cross-pollinated with other 
individuals. The flower heads with long, tubular yellow florets suggest 
pollination by long-tongued insects such as moths or butterflies, 
although field observation is required to confirm this. Absence of the 
appropriate pollinator(s) could be responsible for the observed lack of 
viable seeds. The plume-like hairs crowning the fruit strongly suggests 
dispersal by wind, as in many members of the aster family. This species 
grows almost exclusively along streams, however, so dispersal by water 
currents is also likely. Specific details regarding growth rates, age 
trees begin flowering in the wild, length of time they remain 
reproductive, and longevity of the plants are unknown (Service 1994).
    Historically, Hesperomannia lydgatei was found in the Wahiawa 
Mountains of Kauai. Currently, this species is known from State 
(Halelea Forest Reserve) and privately owned lands in the Pali Eleele, 
Waiole Valley, Wahiawa and Kapalaoa areas. There are three populations 
containing a total of 295 individual plants (K. Wood, in litt. 1999; 
GDSI 2000; HINHP Database 2000).
    Hesperomannia lydgatei is found at elevations between 405 and 1,570 
m (1,329 and 5,151 ft) along stream banks and forested slopes in rich 
brown soil and silty clay in Metrosideros polymorpha or Metrosideros 
polymorpha-Dicranopteris linearis lowland wet forest. Associated native 
plant species include Adenophorus periens, Antidesma spp., Broussaisia 
arguta, Cheirodendron spp., Cyanea spp., Dubautia knudsenii, Dubautia

[[Page 3951]]

laxa, Dubautia pauciflorula, Dubautia raillardioides (naenae), 
Elaphoglossum spp., Freycinetia arborea, Hedyotis terminalis, Labordia 
lydgatei, Machaerina angustifolia, Peperomia spp., Pritchardia spp., 
Psychotria hexandra, or Syzygium sandwicensis (Service 1994; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    Threats to the species include non-native plants, feral goats, 
rats, landslides, and erosion (Service 1994).
Hibiscadelphus woodii (hau kuahiwi)
    Hibiscadelphus woodii, a member of the mallow family (Malvaceae), 
is a small branched, long-lived perennial tree with a rounded crown. 
Hibiscadelphus woodii differs from the other Kauai species by 
differences in leaf surface and characteristics of the whirled leaves 
or bract and flower color (Lorence and Wagner 1995; Bates 1999).
    Flowering material has been collected in March, April, and 
September, but no fruit set has been observed in spite of efforts to 
manually outcross and bag the flowers. A museum specimen of a liquid-
preserved flower has been identified that contains three adult 
Nitidulidae (sap) beetles, probably an endemic species. The damage by 
these larvae may be responsible for the observed lack of fruit set in 
Hibiscadelphus woodii (Lorence and Wagner 1995; Service 1998a). No 
additional life history information for this species is currently 
known.
    Hibiscadelphus woodii has been found only at the site of its 
original discovery on State-owned land in left branch of the Kalalau 
Valley, within the Na Pali Coast State Park on Kauai; only two trees of 
this species are currently known (GDSI 2000; HINHP Database 2000; K. 
Wood, in litt. 2001).
    Hibiscadelphus woodii is found at elevations between 219 and 1,197 
m (717 and 3,926 ft) on basalt talus or cliff walls in Metrosideros 
polymorpha montane mesic forest. These forests contain one or more of 
the following associated native plant species: Artemisia australis, 
Bidens sandvicensis (kookoolau), Carex meyenii, Chamaesyce celastroides 
var. hanapepensis (akoko), Dubautia spp., Hedyotis spp., Lepidium serra 
(anaunau), Lipochaeta spp.(nehe), Lobelia niihauensis (NCN), Lysimachia 
glutinosa (kolokolo kuahiwi), Melicope pallida (alani), Myrsine spp. 
(kolea), Nototrichium spp. (kului), Panicum lineale, Poa mannii (NCN), 
or Stenogyne campanulata (NCN) (Lorence and Wagner 1995; 61 FR 53070; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    Major threats to Hibiscadelphus woodii are habitat degradation by 
feral goats and pigs; competition from the non-native plant species 
Erigeron karvinskianus; nectar robbing by Japanese white-eye (Zosterops 
japonicus), an introduced bird; and a risk of extinction from naturally 
occurring events (e.g., rock slides), and reduced reproductive vigor 
due to the small number of existing individuals at the only known site 
(61 FR 53070; Lorence and Wagner 1995).
Hibiscus clayi (Clay's hibiscus)
    Hibiscus clayi, a member of the mallow family (Malvaceae), is a 
long-lived perennial shrub or small tree. This species is distinguished 
from other native Hawaiian members of the genus by the lengths of the 
calyx, calyx lobes, and capsule and by the margins of the leaves (Bates 
1999).
    Little is known about the life history of Hibiscus clayi. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995).
    Historically, Hibiscus clayi was known from scattered locations on 
Kauai: the Kokee region on the western side of the island, Moloaa 
Valley to the north, Nounou Mountain in Wailua to the east, and as far 
south as Haiku near Halii Stream. At this time, only the population on 
State land in the Nounou Mountains, with a total of six trees, is known 
to be extant (HINHP Database 2000; GDSI 2000).
    Hibiscus clayi generally grows on slopes at elevations between 9 
and 380 m (29 and 1,245 ft) in Acacia koa or Diospyros spp.-Pisonia 
spp.-Metrosideros polymorpha lowland dry or mesic forest with Artemisia 
australis, Bidens spp., Cyanea hardyi (haha), Hedyotis acuminata (au), 
Gahnia spp., Munroidendron racemosum (NCN), Pandanus tectorius (hala), 
Panicum tenuifolium (mountain pili), Pleomele aurea, Pipturus spp., 
Psychotria spp., or Psydrax odoratum (59 FR 9304; HINHP Database 2000; 
K. Wood, pers. comm., 2001).
    The major threats to this species are herbivory and habitat 
degradation by feral pigs; competition from non-native plant species, 
Psidium cattleianum and Araucaria columnaris (Norfolk Island pine); 
trampling by humans; and a risk of extinction due to naturally 
occurring events, such as landslides or hurricanes, as well as 
decreased reproductive vigor because of the small population sizes and 
restricted distribution (59 FR 9304; HINHP Database 2000).
Hibiscus waimeae ssp. hannerae (kokio keokeo)
    Hibiscus waimeae ssp. hannerae, a member of the mallow family 
(Malvaceae), is a gray-barked tree with star-shaped hairs densely 
covering its leaf and flower stalks and branchlets. The long-lived 
perennial species is distinguished from others of the genus by the 
position of the anthers along the staminal column, length of the 
staminal column relative to the petals, color of the petals, and length 
of the calyx. Two subspecies, ssp. hannerae and ssp. waimeae, both 
endemic to Kauai, are recognized. Subspecies hannerae is 
distinguishable from ssp. waimeae by its larger leaves and smaller 
flowers (Bates 1999).
    Little is known about the life history of Hibiscus waimeae ssp. 
hannerae. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1998a).
    Historically, Hibiscus waimeae ssp. hannerae was known from 
Kalihiwai and adjacent Valleys, Limahuli Valley, and Hanakapiai Valley. 
This subspecies is no longer extant at Kalihiwai. Currently, there are 
three populations containing 27 individuals on State (Na Pali Coast 
State Park) and privately owned lands in Hanakapiai Valley, Limahuli 
Valley, and Pohakuao (Bates 1999; HINHP Database 2000; GDSI 2000).
    Hibiscus waimeae ssp. hannerae grows at elevations between 174 and 
1,154 m (570 and 3,787 ft). It is found in Metrosideros polymorpha-
Dicranopteris linearis or Pisonia spp.-Charpentiera elliptica (papala) 
lowland wet or mesic forest with Antidesma spp., Psychotria spp., 
Pipturus spp., Bidens spp., Bobea spp., Sadleria spp., Cyrtandra spp., 
Cyanea spp., Cibotium spp., Perrottetia sandwicensis, or Syzygium 
sandwicensis (Service 1998a; Bates 1999; HINHP Database 2000; K. Wood, 
pers. comm., 2001).
    Major threats to Hibiscus waimeae ssp. hannerae are habitat 
degradation by feral pigs, competition with non-native plant species, 
and a risk of extinction from naturally occurring events (e.g., 
landscapes and hurricanes) and/or reduced reproductive vigor due to the 
small number of remaining populations (61 FR 53070; HINHP Database 
2000).
Kokia kauaiensis (kokio)
    Kokia kauaiensis, a member of the mallow family (Malvaceae), is a 
small tree. This long-lived perennial species is distinguished from 
others of this endemic Hawaiian genus by the length

[[Page 3952]]

of the bracts surrounding the flower head, number of lobes and the 
width of the leaves, the length of the petals, and the length of the 
hairs on the seeds (Bates 1999).
    Little is known about the life history of Kokia kauaiensis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Kokia kauaiensis was found at seven scattered 
populations on northwestern Kauai. Currently, there are a total of five 
populations with 166 individuals, found in Pohakuao, the left branch of 
Kalalau Valley, Paaiki Valley, Kuia Valley, Koaie Canyon, Kipalau 
Valley, and Kawaiiki Valley, all on State-owned land within Kuia 
Natural Area Reserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve (K. Wood, in litt. 1999; HINHP Database 2000; GDSI 2000).
    Kokia kauaiensis typically grows in diverse mesic forest at 
elevations between 215 and 1,037 m (707 and 3,402 ft). Associated 
native plant species include Acacia koa, Alyxia oliviformis, Antidesma 
spp., Bobea spp., Chamaesyce celastroides, Claoxylon sandwicense, 
Dicranopteris linearis, Diellia pallida, Diospyros hillebrandii, 
Diospyros sandwicensis, Dodonaea viscosa, Flueggea neowawraea, Hibiscus 
spp. (aloalo), Hedyotis spp., Isodendrion laurifolium (aupaka), 
Lipochaeta fauriei (nehe), Melicope spp., Metrosideros polymorpha, 
Nestegis sandwicensis, Nototrichium spp., Pisonia spp., Pleomele aurea, 
Pouteria sandwicensis, Psydrax odoratum, Pteralyxia kauaiensis, 
Rauvolfia sandwicensis, Santalum freycinetianum var. pyrularium 
(iliahi), Streblus pendulinus (aiai), Syzygium sandwicensis, 
Tetraplasandra spp., or Xylosma spp. (Service 1998a; Bates 1999; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    Competition with and habitat degradation by invasive non-native 
plant species, substrate loss from erosion, habitat degradation and 
browsing by feral goats and deer, and seed predation by rats are the 
major threats affecting the survival of Kokia kauaiensis (Wood and 
Perlman 1993; Service 1998a; HINHP Database 2000).
Labordia lydgatei (kamakahala)
    Labordia lydgatei, a member of the logania family (Loganiaceae), is 
a much-branched perennial shrub or small tree with sparsely hairy, 
square stems. The small size of the flowers and capsules borne on 
sessile (attached to the base) inflorescences (a flower cluster) 
distinguish it from other members of the genus growing in the same area 
(Wagner et al. 1999).
    Immature fruits were seen on two plants during surveys in 1991 and 
1992 by botanists from NTBG, and remnants of old fruiting bodies were 
seen on another, suggesting that the plants are able to self-fertilize. 
It is also suspected that the fruits of this species are adapted for 
bird dispersal. Due to a lack of bird or other native pollinators, 
pollination may be inhibited. Micro-habitat requirements for seed 
germination and growth may also be extremely specific. Virtually 
nothing is known about the life history or ecology of this species 
(Service 1994).
    This species was originally known from the Wahiawa Drainage, Waioli 
Stream Valley, and Makaleha Mountains on Kauai. Labordia lydgatei is 
currently known from six populations, consisting of 37 individual 
plants, located on State (Lihue-Koloa Forest Reserve and Halelea Forest 
Reserve) and privately owned lands at Pali Eleele, Waioli Valley, 
Leleiwi, Lumahai Valley, and Kapalaoa (K. Wood, in litt. 1999; HINHP 
Database 2000; GDSI 2000).
    Labordia lydgatei is found on streambanks in Metrosideros 
polymorpha-Dicranopteris linearis lowland wet forest at elevations 
between 182 and 1,140 m (597 and 3,740 ft). Associated native plant 
species include Antidesma platyphyllum var. hillebrandii (hame), Cyanea 
spp., Cyrtandra spp., Dubautia knudsenii, Hedyotis terminalis, Ilex 
anomala, Labordia hirtella (NCN), Psychotria spp., or Syzygium 
sandwicensis (Service 1994; HINHP Database 2000; K. Wood, pers. comm., 
2001).
    Competition from non-native plants poses the greatest threat to the 
survival of Labordia lydgatei (56 FR 47695). Additional threats include 
habitat degradation from feral pigs; rats, a potential seed predator; 
landslides and erosion; and a lack of dispersal, germination or 
pollination agents (Service 1994).
Labordia tinifolia var. wahiawaensis (kamakahala)
    Labordia tinifolia var. wahiawaensis, a member of the logania 
family (Loganiaceae), is a shrub or small tree with hairless, 
cylindrical young branches. This long-lived perennial species differs 
from others of the genus by having a long common flower cluster stalk, 
hairless young stems and leaf surfaces, transversely wrinkled capsule 
valves, and corolla lobes usually 1.7 to 2.3 millimeter (mm) (0.1 to 
0.2 in.) long. Three varieties of Labordia tinifolia are recognized: 
var. lanaiensis on Lanai and Molokai; var. tinifolia on Kauai, Oahu, 
Molokai, Maui, and Hawaii; and var. wahiawaensis, endemic to Kauai. The 
variety wahiawaensis is distinguished from the other two by its larger 
corolla (Wagner et al. 1999).
    Little is known about the life history of Labordia tinifolia var. 
wahiawaensis. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown.
    Labordia tinifolia var. wahiawaensis has only ever been known from 
one population with a current total of approximately 100 individual 
plants on private land in the Wahiawa Drainage in the Wahiawa Mountains 
(GDSI 2000; HINHP Database 2000).
    Labordia tinifolia var. wahiawaensis grows along streambanks in 
lowland wet forests dominated by Metrosideros polymorpha at elevations 
between 458 and 1,006 m (1,502 and 3,301 ft), with Antidesma 
platyphyllum, Athyrium microphyllum (akolea), Cheirodendron spp., 
Cyrtandra spp., Dicranopteris linearis, Hedyotis terminalis, or 
Psychotria spp. (HINHP Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to the remaining individuals of Labordia 
tinifolia var. wahiawaensis are competition with non-native plants, 
habitat degradation by feral pigs, trampling by humans, and a risk of 
extinction from catastrophic random events or reduced reproductive 
vigor due to the small number of individuals in a single population (61 
FR 53070).
Lipochaeta fauriei (nehe)
    Lipochaeta fauriei, a member of the aster family (Asteraceae), is a 
perennial herb with somewhat woody, erect or climbing stems. This 
short-lived perennial species differs from other species on Kauai by 
having a greater number of disk and ray flowers per flower head, longer 
ray flowers, and longer leaves and leaf stalks (Gardner 1976, 1979; 
Service 1995; Wagner et al. 1985, 1990).
    Little is known about the life history of Lipochaeta fauriei. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Lipochaeta fauriei is known from 
Olokele Canyon on Kauai. This species is now found on State-owned land 
in Poopooiki Valley, Kuia Valley, Haeleele Valley, and Kawaiiki Valley 
with the Kuia Natural Area Reserve, Na Pali-Kona Forest Reserve, and 
Puu Ka Pele Forest

[[Page 3953]]

Reserve. Currently there is a total of four populations with 183 
individuals. A population in Koaie Canyon previously thought to be L. 
fauriei was later identified as L. subcordata (Service 1995; Gardner 
1979; K. Wood, in litt. 1999; GDSI 2000; HINHP Database 2000).
    This species grows most often in moderate shade to full sun and is 
usually found on the sides of steep gulches in diverse lowland mesic 
forests at elevations between 436 and 947 m (1,432 and 3,108 ft). 
Associated native plant species include Acacia koa, Carex meyenii, 
Carex wahuensis, Dicranopteris linearis, Diospyros spp., Dodonaea 
viscosa, Euphorbia haeleeleana, Hibiscus waimeae, Kokia kauaiensis, 
Myrsine lanaiensis, Nestegis sandwicensis, Pleomele aurea, Psychotria 
greenwelliae, Psychotria mariniana, or Sapindus oahuensis (lonomea) 
(HINHP Database 2000; K. Wood, pers. comm., 2001).
    Major threats to Lipochaeta fauriei are predation and habitat 
degradation by feral goats and pigs and competition with invasive non-
native plants. Fire is also a significant threat to L. fauriei due to 
the invasion of Melinis minutiflora, a fire-adapted grass that creates 
unnaturally high fuel loads. The small total number of individuals 
makes the species susceptible to extinction from naturally occurring 
events, such as landslides or hurricanes, and/or reduced reproductive 
vigor (59 FR 9304; Service 1995; HINHP Database 2000).
Lipochaeta micrantha (nehe)
    Lipochaeta micrantha, a member of the aster family (Asteraceae), is 
a somewhat woody short-lived perennial herb. The small number of disk 
florets (one of the small flowers forming the head of a composite 
plant) separates this species from the other members of the genus on 
the island of Kauai. The two recognized varieties of this species, var. 
exigua and var. micrantha, are distinguished by differences in leaf 
length and width, degree of leaf dissection, and the length of the ray 
florets (Gardner 1976, 1979; Wagner et al. 1990).
    Little is known about the life histories of Lipochaeta micrantha 
var. exigua or L. m. var. micrantha. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Historically, Lipochaeta micrantha var. exigua was only known from 
the Haupu Range on Kauai. Currently, two populations of L. micrantha 
var. exigua, with a total of 110 individuals, are known from privately 
owned land in the vicinity of Haupu Range and southwest of Hokunui 
summit. Historically, L. micrantha var. micrantha was known from 
Olokele Canyon, Hanapepe Valley, and the Koloa District on Kauai. 
Currently, this variety is only known from three populations totaling 
121 individuals on State land within the Na Pali-Kona Forest Reserve in 
Koaie Canyon and Kawaiiki Valley (HINHP Database 2000; GDSI 2000).
    Lipochaeta micrantha grows on cliffs, ridges, stream banks, or 
slopes in mesic to wet mixed communities at elevations between 35 and 
1,362 m (115 and 4,468 ft). Associated species include Acacia koa, 
Artemisia australis, Antidesma spp., Bidens sandvicensis, Bobea spp., 
Chamaesyce celastroides var. hanapepensis, Diospyros spp., Dodonaea 
viscosa, Eragrostis grandis, Eragrostis variabilis, Hibiscus kokio 
(kokio), Lepidium bidentatum (anaunau), Lobelia niihauensis, Melicope 
spp., Metrosideros polymorpha, Neraudia kauaiensis, Nototrichium spp. 
Plectranthus parviflorus (ala ala wai nui), Pleomele aurea, Psydrax 
odoratum, Pipturus spp., Rumex albescens (huahuako), Sida fallax 
(ilima), or Xylosma hawaiiense (maua) (Service 1995; HINHP Database 
2000; K. Wood, pers. comm., 2001).
    The major threats to both varieties of Lipochaeta micrantha are 
habitat degradation by feral pigs and goats; and competition with non-
native plant species, such as Lantana camara, Pluchea carolinensis, 
Erigeron karvinskianus, or Stachytarpheta dichotoma. The species is 
also threatened by extinction from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
small number of existing populations (Lorence and Flynn 1991; Service 
1995; HINHP Database 2000).
Lipochaeta waimeaensis (nehe)
    Lipochaeta waimeaensis, a member of the aster family (Asteraceae), 
is a low growing, somewhat woody, short-lived perennial herb. This 
species is distinguished from other Lipochaeta on Kauai by leaf shape 
and the presence of shorter leaf stalks and ray florets (Gardner 1976, 
1979; Wagner et al. 1990).
    Little is known about the life history of Lipochaeta waimeaensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Lipochaeta waimeaensis has been known only from the original site 
of discovery along the rim of Kauai's Waimea Canyon on State-owned 
land. There are no more than 100 individuals (HINHP Database 2000; GDSI 
2000).
    This species grows on eroded soil on a precipitous, shrub-covered 
gulch in a diverse lowland forest at elevations between 44 and 460 m 
(145 and 1,509 ft) with Artemisia australis, Chamaesyce celastroides, 
Dodonaea viscosa, Lipochaeta connata, Santalum ellipticum (iliahialoe), 
Schiedea spergulina, or Panicum spp. (NCN) (Wagner et al. 1999; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Lipochaeta waimeaensis are competition from 
non-native plants and habitat destruction by feral goats, whose 
presence exacerbates the existing soil erosion problem at the site. The 
single population, and thus the entire species, is threatened by 
extinction from naturally occurring events, such as landslides or 
hurricanes, and/or reduced reproductive vigor due to the small number 
of existing individuals (59 FR 9304).
Melicope haupuensis (alani)
    Melicope haupuensis, a member of the rue family (Rutaceae), is a 
small long-lived perennial tree. Unlike other species of this genus on 
Kauai, the exocarp (outermost layer of a fruit) and endocarp (innermost 
layer of a fruit) are hairless and the sepals are covered with dense 
hairs (Stone et al. 1999).
    Little is known about the life history of Melicope haupuensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    For 62 years, Melicope haupuensis was known only from the site of 
its original discovery on the north side of Haupu Ridge on Kauai. This 
population is now gone. The species is now known from four populations 
with a total of five individuals on State-owned land within the Alakai 
Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve in Kalahu, Awaawapuhi Valley, and Koaie Canyon (K. Wood, in 
litt. 1999; GDSI 2000; HINHP Database 2000).
    Melicope haupuensis grows on moist talus slopes in Metrosideros 
polymorpha dominated lowland mesic forests or Metrosideros polymorpha-
Acacia koa montane mesic forest at elevations between 111 and 1,141 m 
(364 and 3,745 ft). Associated native plant species include Antidesma 
platyphyllum var. hillebrandii, Bobea brevipes, Cheirodendron trigynum, 
Claoxylon sandwicensis, Cryptocarya mannii (holio), Dianella 
sandwicensis,

[[Page 3954]]

Diospyros hillebrandii, Diospyros sandwicensis, Dodonaea viscosa, 
Elaeocarpus bifidus, Hedyotis terminalis, Melicope anisata, M. 
barbigera (alani), M. ovata (alani), Pleomele aurea, Pouteria 
sandwicensis, Pritchardia minor (loulu), Psychotria mariniana, P. 
greenwelliae, Tetraplasandra waimeae (oheohe), or Zanthoxylum dipetalum 
(HINHP Database 2000; K. Wood, pers. comm., 2001).
    Habitat degradation by feral goats and competition with invasive 
non-native plant species are the major threats to Melicope haupuensis. 
In addition, this species may be susceptible to the black twig borer 
(Xylosandrus compactus). The existence of only five known trees 
constitutes an extreme threat of extinction from naturally occurring 
events, such as landslides or hurricanes, or reduced reproductive vigor 
(59 FR 9304; Hara and Beardsley 1979; Medeiros et al. 1986; HINHP 
Database 2000).
Melicope quadrangularis (alani)
    Melicope quadrangularis, a member of the rue family (Rutaceae), is 
a shrub or small tree. Young branches are generally covered with fine 
yellow fuzz but become hairless with age. The thin, leathery, 
elliptical leaves, are oppositely arranged. The upper leaf surface is 
hairless, and the lower surface is sparsely hairy, especially along the 
veins. Flowers are solitary or in clusters of two. The specific floral 
details are not known. The fruits are somewhat cube-shaped, flattened 
capsules, with a conspicuous central depression at the top of the 
fruit. The capsules are four-lobed and completely fused. The exocarp is 
sparsely hairy, and the endocarp is hairless. This species differs from 
others in the genus in having the following combination of characters: 
oppositely arranged leaves, only one or two flowers per cluster, cube-
shaped capsules with fused lobes, and a deep central depression at the 
top of the fruit (Stone et al. 1999).
    Little is known about the life history of Melicope quadrangularis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Melicope quadrangularis is known from the type locality in the 
Wahiawa Bog region of Kauai. One adult plant and two seedlings were 
discovered in 1991 by Ken Wood of NTBG on an east-facing slope of 
Wahiawa Ridge at 853 m (2,800 ft) on privately owned land. Subsequent 
exploration has resulted in the location of a total of 13 individuals 
of this species. Although a survey after hurricane Iniki in 1992 did 
not relocate any individuals, it is hoped that there is a seed bank or 
that undiscovered individuals remain to be found (Stone et al. 1999).
    Melicope quadrangularis grows in Metrosideros polymorpha diverse 
lowland wet forest that ranges from mesic to wet conditions at 
elevations between 608 and 1,593 m (1,995 and 5,228 ft). Associated 
native plant species include Antidesma platyphyllum, Broussaisia 
arguta, Cheirodendron fauriei (olapa), Cibotium nealiae (hapuu), 
Cyrtandra pickeringii (haiwale), Dicronopteris lineraris, Machaerina 
angustifolia, Machaerina mariscoides (uki), other Melicope spp., 
Metrosideros waialealae (NCN), Psychotria hexandra, P. mariniana, P. 
wawraea (kipiko), Sadleria pallida, Scaevola gaudichaudiana (naupaka 
kuahiwi), Syzygium sandwicensis, or abundant ferns and mosses (K. Wood, 
pers. comm., 2001).
    This species is threatened by over-collecting for scientific 
purposes, stochastic extinction, and/or reduced reproductive vigor, 
non-native plants and habitat disturbance by feral pigs (Service 1994).
Munroidendron racemosum (NCN)
    Munroidendron racemosum, a member of the ginseng family 
(Araliaceae), is a small tree with a straight gray trunk crowned with 
spreading branches. This long-lived perennial species is the only 
member of a genus endemic to Hawaii. The genus is distinguished from 
other closely related Hawaiian genera of the family by its distinct 
flower clusters and corolla (Constance and Affolter 1999).
    Reproduction occurs year-round, with flowers and fruits found 
throughout the year. Self pollination is assumed to occur since viable 
seeds have been produced by isolated individuals. Pollinators have not 
been observed, but insect pollination is likely. Dispersal mechanisms 
are unknown (Service 1995).
    Historically, Munroidendron racemosum was known from scattered 
locations throughout the island of Kauai. Populations are now known 
from Waiahuakua, Pohakuao, the left branch of Kalalau Valley, the right 
branch of Kalalau Valley, Nakeikionaiwi Valley, Awaawapuhi Valley 
Spring, Honopu Valley, Nualolo Valley, Poomau Valley, Kawaiiki Valley, 
Koaie Canyon, Nonou, Haupu, and Keopaweo. There are currently 14 known 
populations with approximately 101 individuals on State (Hono o Na Pali 
Natural Area Reserve, Na Pali Coast State Park, Na Pali-Kona Forest 
Reserve, Nonou Forest Reserve, and Puu Ka Pele Forest Reserve) and 
privately owned lands (HINHP Database 2000; GDSI 2000).
    Munroidendron racemosum is typically found on steep exposed cliffs 
or on ridge slopes in coastal to lowland mesic forests at elevations 
between 6 and 979 m (19 and 3,213 ft). Associated plant species include 
Bobea brevipes, Brighamia insignis (olulu), Canavalia napaliensis 
(awikiwiki), Diospyros sandwicensis, Diospyros hillebrandii, Nestegis 
sandwicensis, Pisonia sandwicensis (papala kepau), Pisonia umbellifera 
(papala kepau), Pleomele aurea, Pouteria sandwicensis Psychotria spp., 
Psydrax odoratum, Rauvolfia sandwicensis, Schiedea spp. (NCN), Sida 
fallax, or Tetraplasandra spp. (59 FR 9304; Gagne and Cuddihy 1999; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    The threats to Munroidendron racemosum are competition with non-
native plant species, such as Aleurites moluccana, Psidium guajava, 
Lantana camara, or Leucaena leucocephala (koa haole); habitat 
degradation by feral goats, fire, and fruit predation by rats; 
introduced insect of the long-horned beetle family (Cerambycidae); 
extinction from naturally occurring events, such as landslides or 
hurricanes, and reduced reproductive vigor (59 FR 9304; Service 1995; 
HINHP Database 2000).
Myrsine linearifolia (kolea)
    Myrsine linearifolia, a member of the myrsine family (Myrsinaceae), 
is a branched shrub. This long-lived perennial species is distinguished 
from others of the genus by the shape, length, and width of the leaves, 
length of the petals, and number of flowers per cluster (Wagner et al. 
1999).
    Little is known about the life history of Myrsine linearifolia. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Myrsine linearifolia was found at scattered locations 
on Kauai: Olokele Valley, Kalualea, Kalalau Valley, Kahuamaa Flat, 
Limahuli-Hanakapiai Ridge, Koaie Stream, Pohakuao, Namolokama Summit 
Plateau, and Haupu. There are currently eight populations with 
approximately 522 individuals on State (Alakai Wilderness Preserve and 
Na Pali Coast State Park) and privately owned lands. The populations 
are found in Limahuli Valley, Alealau, the left branch of Kalalau 
Valley, Puu O Kila, Koaie Canyon, Na Molokama, and Kapalaoa

[[Page 3955]]

(K. Wood, in litt. 1999; GDSI 2000; HINHP Database 2000).
    Myrsine linearifolia typically grows at elevations between 105 and 
1,380 m (346 and 4,526 ft), in diverse mesic or wet lowland or montane 
Metrosideros polymorpha forest, with Cheirodendron spp., or 
Dicranopteris linearis as co-dominant species. Plants growing in 
association with this species include Bobea brevipes, Cryptocarya 
mannii, Dubautia spp., Eurya sandwicensis (anini), Freycinetia arborea, 
Hedyotis terminalis, Lysimachia glutinosa, Machaerina angustifolia, 
Melicope spp., Myrsine spp., Nothocestrum spp. (aiea), Psychotria spp., 
Sadleria pallida, Syzygium sandwicensis, or native ferns (61 FR 53070; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    Competition with non-native plants, such as Erigeron karvinskianus, 
Lantana camara, Rubus argutus, Psidium cattleianum, Rubus rosifolius, 
and Kalanchoe pinnata (air plant), and habitat degradation by feral 
pigs and goats are the major threats to Myrsine linearifolia (61 FR 
53070).
Nothocestrum peltatum (aiea)
    Nothocestrum peltatum, a member of the nightshade family 
(Solanaceae), is a small tree with ash-brown bark and woolly stems. The 
usually peltate leaves and shorter leaf stalks separate this species 
from others in the genus (Symon 1999).
    Although plants of this long-lived perennial species have been 
observed flowering, they rarely set fruit. This could be the result of 
a loss of pollinators, reduced genetic variability, or an inability to 
fertilize itself. Little else is known about the life history of 
Nothocestrum peltatum. Flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (59 FR 9304).
    Historically, Nothocestrum peltatum was known from Kauai at 
Kumuwela, Kaholuamanu, and the region of Nualolo. This species is now 
known from a total of six populations with 19 individuals, located at 
Kahuamaa Flats, Awaawapuhi Trail, Awaawapuhi Valley, Kawaiula Valley, 
and Makaha Valley all on State-owned land within the Kokee State Park, 
Kuia Natural Area Reserve, Na Pali Coast State Park, Na Pali-Kona 
Forest Reserve, and the Puu Ka Pele Forest Reserve (K. Wood, in litt. 
1999; HINHP Database 2000; GDSI 2000).
    This species generally grows in rich soil on steep slopes in mesic 
or wet forest dominated by Acacia koa or a mixture of Acacia koa and 
Metrosideros polymorpha, at elevations between 725 and 1,290 m (2,378 
and 4,232 ft). Associated native plants include Alphitonia ponderosa, 
Antidesma spp., Bobea brevipes, Broussaisia arguta, Cheirodendron 
trigynum, Claoxylon sandwicensis, Coprosma spp., Cryptocarya mannii, 
Dianella sandwicensis, Dicranopteris linearis, Diplazium sandwichianum, 
Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis terminalis, Ilex 
anomala, Melicope anisata, M. barbigera, M. haupuensis, Perrottetia 
sandwicensis, Pleomele aurea, Pouteria sandwicensis, Psychotria 
mariniana, P. greenwelliae, Tetraplasandra kauaiensis, or Xylosma spp. 
(HINHP Database 2000; K. Wood, pers. comm., 2001).
    Competition with non-native plants (such as Passiflora mollissima, 
Lantana camara, Rubus argutus, or Erigeron karvinskianus), and habitat 
degradation by feral pigs, deer, and red jungle fowl (Gallus gallus) 
constitute the major threats to Nothocestrum peltatum. This species is 
also threatened by fire, risk of extinction from naturally occurring 
events (e.g., landslides or hurricanes), and reduced reproductive vigor 
due to the small number of existing individuals (59 FR 9304; HINHP 
Database 2000).
Panicum niihauense (lau ehu)
    Panicum niihauense, a member of the grass family (Poaceae), is a 
perennial bunchgrass with unbranched culms (aerial stems). This short-
lived perennial species is distinguished from others in the genus by 
the shape of the inflorescence branches, which are erect, and the 
arrangement of the spikelets, which are densely clustered (Davidse 
1999).
    Little is known about the life history of this species. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999).
    Panicum niihauense was known historically from Niihau and one 
location on Kauai. Currently, this species is only known from one 
population of 23 individuals at the Polihale State Park area on State-
owned land (HINHP Database 2000; GDSI 2000).
    Panicum niihauense is found scattered in sand dunes in coastal 
shrubland at elevations between 0 and 103 m (0 and 337 ft) . Associated 
native plant species include Cassytha filiformis (kaunaoa pehu), 
Chamaesyce celastroides, Dodonaea viscosa, Nama sandwicensis (nama), 
Ophioglossum pendulum ssp. falcatum (NCN), Scaevola sericea (naupaka 
kahakai), Sida fallax, Vitex rotundifolia (kolokolo kahakai), or 
Sporobolus virginicus (akiaki) (HINHP Database 2000; K. Wood, pers. 
comm., 2001).
    Primary threats to Panicum niihauense are destruction by off-road 
vehicles, competition with non-native plant species, and a risk of 
extinction from naturally occurring events (e.g., landslides or 
hurricanes) and reduced reproductive vigor due to the small number of 
individuals in the one remaining population (61 FR 53108; HINHP 
Database 2000).
Phyllostegia knudsenii (NCN)
    Phyllostegia knudsenii, a member of the nonaromatic mint family 
(Lamiaceae), is an erect herb or vine. This short-lived perennial 
species is distinguished from others in the genus by its specialized 
flower stalk; it differs from the closely related P. floribunda by 
often having four flowers per group (Wagner et al. 1999).
    Little is known about the life history of Phyllostegia knudsenii. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Until 1993, Phyllostegia knudsenii was only known from the site of 
its original discovery made in the 1800s from the woods of Waimea on 
Kauai. There is currently one known population with a total of 17 
individuals on State-owned land in Koaie Canyon within the Alakai 
Wilderness Preserve (K. Wood, in litt. 1999; Wagner et al. 1999; HINHP 
Database 2000; GDSI 2000).
    Phyllostegia knudsenii is found in Metrosideros polymorpha lowland 
mesic or wet forest at elevations between 399 and 1,059 m (1,309 and 
3,475 ft). Associated native plant species include Bobea timonioides 
(ahakea), Claoxylon sandwicensis, Cryptocarya mannii, Cyrtandra 
kauaiensis, Cyrtandra paludosa (hai wale), Diospyros sandwicensis, 
Elaeocarpus bifidus, Ilex anomala, Myrsine linearifolia, Perrottetia 
sandwicensis, Pittosporum kauaiense (hoawa), Pouteria sandwicensis, 
Pritchardia minor, Selaginella arbuscula (lepelepeamoa), Tetraplasandra 
oahuensis (ohe ohe), or Zanthoxylum dipetalum (61 FR 53070; K. Wood, 
pers. comm., 2001).
    Major threats to Phyllostegia knudsenii include habitat degradation 
by feral pigs and goats, competition with non-native plants, and a risk 
of extinction from naturally occurring events (e.g., landslides and 
hurricanes) and reduced reproductive vigor due to the small number of 
individuals in the

[[Page 3956]]

only known population (61 FR 53070; Service 1998a).
Phyllostegia waimeae (NCN)
    Phyllostegia waimeae, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing perennial plant with hairy four-angled stems 
that are woody at the base. The oval leaves are 5 to 13 cm (2 to 5 in.) 
long, 2.5 to 6 cm (1 to 2.4 in.) wide, and have rounded, toothed 
margins. They are wrinkled and sparsely dotted with oil glands. Flowers 
grow in groups of six along an unbranched leafy stalk usually 10 to 15 
cm (3.9 to 5.9 in.) long. The bracts below each flower stalk are broad 
and partially overlap the flowers. The calyx resembles an inverted cone 
with broad lobes. The corolla, 8 to 12 mm (0.3 to 0.5 in.) long, is 
pinkish or may be white. The fruits, probably nutlets, have not been 
observed. Characteristics that distinguish this species from others in 
the genus are the nearly stalkless bracts that partially overlap and 
cover the flowers, and relatively fewer oil glands on the leaves 
(Wagner et al. 1999).
    Little is known about the life history of Phyllostegia waimeae. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown Service 1995).
    Historically, Phyllostegia waimeae was known from Kaholuamanu and 
Kaaha on Kauai. Currently, one population with six individuals persists 
from State land in Kawaiiki Valley within the Na Pali-Kona Forest 
Reserve (K. Wood, in litt. 2001).
    This species typically grows in Acacia koa-Metrosideros polymorpha 
dominated wet or mixed mesic forest with Cheirodendron spp. or 
Dicranopteris linearis as co-dominants at elevations between 655 and 
1,224 m (2,149 and 4,016 ft). Associated native plant species include 
Broussaisia arguta, Claoxylon sandwicense, Diplazium sandwichianum, 
Dubautia knudsenii, Elaphoglossum spp., Gunnera spp., Hedyotis spp., 
Myrsine lanaiensis, Pleomele aurea, Psychotria spp., Sadleria spp., 
Scaevola procera (naupaka kuahiwi), Syzygium sandwicensis, or Vaccinium 
spp. (K. Wood, pers. comm., 2001).
    Habitat destruction by feral goats, erosion, and competition with 
introduced grasses are the major threats to Phyllostegia waimeae. The 
species is also threatened by over-collecting for scientific purposes, 
stochastic extinction, and/or reduced reproductive vigor due to the 
small number of existing individuals (Service 1995).
Phyllostegia wawrana (NCN)
    Phyllostegia wawrana, a nonaromatic member of the mint family 
(Lamiaceae), is a perennial vine that is woody toward the base and has 
long, crinkly hairs along the stem. This short-lived perennial species 
can be distinguished from the related P. floribunda and P. knudsenii, 
by its less specialized flower stalk (Wagner et al. 1999).
    Seeds were observed in the wild in August 1993. No additional life 
history information for this species is currently known (Service 
1998a).
    Phyllostegia wawrana was reported to be found at Hanalei on Kauai 
in the 1800s and along Kokee Stream in 1926. Currently, populations are 
reported from Koaie Canyon, Moaalele, Awaawapuhi Valley, and Makaleha. 
A total of four populations with approximately 49 individuals are found 
on State-owned land within the Alakai Wilderness Preserve, Hono o Na 
Pali Natural Area Reserve, and Kokee State Park (HINHP Database 2000; 
GDSI 2000).
    This species grows at elevations between 398 and 1,284 m (1,306 and 
4,212 ft) in Acacia koa-Metrosideros polymorpha-Cheirodendron mixed 
mesic forest. Associated native plant species include Alectryon spp., 
Asplenium polypodon (NCN), Athyrium microphyllum, Carex spp., Claoxylon 
sandwicense, Cyanea fissa (haha), Delissea rivularis, Dianella 
sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, Doodia 
kunthiana, Dryopteris wallichiana, Dubautia knudsenii, Dubautia 
laevigata, Hedyotis tryblium, Machaerina angustifolia, Panicum 
nephelophilum, Peperomia macraeana, Perrottetia sandwicensis, Poa 
sandvicensis, Pleomele aurea, Pteridium aquilinum var. decompositum, 
Sadleria pallida, Schiedea stellarioides, Scaevola procera, Syzygium 
sandwicensis, Touchardia latifolia, or Vaccinium dentatum (61 FR 53070; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    Major threats to Phyllostegia wawrana include habitat degradation 
by feral pigs and competition with non-native plant species, such as 
Rubus rosifolius, Passiflora mollissima, Rubus argutus, Melastoma 
candidum, Erigeron karvinskianus, and Erechtites valerianefolia (61 FR 
53070; Service 1998a).
Poa mannii (Mann's bluegrass)
    Poa mannii, a member of the grass family (Poaceae), is a perennial 
grass with short rhizomes (underground stems) and erect, tufted culms. 
All three native species of Poa in the Hawaiian Islands are endemic to 
the island of Kauai. Poa mannii is distinguished from both P. 
siphonoglossa and P. sandvicensis by its fringed ligule (an appendage 
on the sheath of a blade of grass) and from P. sandvicensis by its 
shorter panicle (a pyramidal loosely-branched flower cluster) branches 
(O'Connor 1999).
    Little is known about the life history of Poa mannii. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995).
    Historically, this species was found in Olokele Gulch on Kauai. 
Currently, there is a total of six populations with approximately 268 
individuals on State-owned land in the right and left branches of 
Kalalau Valley, Awaawapuhi Valley, Kuia Valley, and Kauhao Valley 
within the Kuia Natural Area Reserve, Na Pali Coast State Park, Na 
Pali-Kona Forest Reserve, and Waimea Canyon State Park (K. Wood, in 
litt. 1999; O'Connor 1999; HINHP Database 2000; GDSI 2000).
    This species typically grows on cliffs or rock faces in lowland or 
montane mesic Metrosideros polymorpha or Acacia koa-Metrosideros 
polymorpha forest at elevations between 327 and 1,222 m (1,072 and 
4,009 ft). Associated native plant species include Antidesma 
platyphyllum, Artemisia australis, Bidens cosmoides, Bidens 
sandvicensis, Carex meyenii, C. wahuensis, Chamaesyce celastroides var. 
hanapepensis, Dodonaea viscosa, Diospyros sandwicensis, Eragrostis 
variabilis, Hedyotis terminalis, Lobelia niihauensis, Lobelia yuccoides 
(NCN), Luzula hawaiiensis (woodrush), Mariscus phloides (NCN), Melicope 
anisata, M. barbigera, M. pallida, Nototrichium spp., Panicum lineale, 
Pleomele aurea, Pouteria sandwicensis, Psychotria mariniana, P. 
greenwelliae, Schiedea lydgatei var. attenuata, Schiedea membranacea, 
or Wilkesia gymnoxiphium (59 FR 56330; HINHP Database 2000; K. Wood, 
pers. comm., 2001).
    Poa mannii survives only in very steep areas that are inaccessible 
to goats, suggesting that goat herbivory may have eliminated this 
species from more accessible locations, as is the case for other rare 
plants from northwestern Kauai. Threats to P. mannii include habitat 
damage, trampling, and browsing by feral goats, and competition with 
invasive non-native plants. Erigeron karvinskianus has invaded Kalalau, 
Koaie, and Waialae Valleys, three of the areas where P. mannii

[[Page 3957]]

occurs. Lantana camara threatens all known populations, and Rubus 
argutus threatens the populations in Kalalau and Waialae Valleys. Poa 
mannii is also threatened by fire and reduced reproductive vigor and/or 
extinction from naturally occurring events, such as landslides or 
hurricanes, due to the small number of existing populations and 
individuals (59 FR 56330).
Poa sandvicensis (Hawaiian bluegrass)
    Poa sandvicensis is a perennial grass (Poaceae) with densely 
tufted, mostly erect culms. Poa sandvicensis is distinguished from 
closely related species by its shorter rhizomes (horizontal 
subterranean plant stem), shorter culms (grass stalk) which do not 
become rush-like with age, closed and fused sheaths, relatively even-
edged ligules, and longer panicle branches (O'Connor 1999).
    Little is known about the life history of Poa sandvicensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, this species was known from six areas on the island 
of Kauai: the rim of Kalalau Valley in Na Pali Coast State Park, 
Halemanu Ridge, Kumuwela Ridgs, and Kauaikanana Drainage in Kokee State 
Park; Awaawapuhi Trail in Na Pali-Kona Forest Reserve; Kohua Ridge/
Mohihi drainage in both the Forest Reserve and Alakai Wilderness 
Preserve; and Kaholuamanu. Hillebrand's (1888) reference to a Maui 
locality is most likely an error. Currently, there is a total of nine 
populations with 1,740 individuals occurring on State-owned land. Poa 
sandvicensis is known to be extant at Alealau, Keanapuka, Awaawapuhi 
Trail, Kumuwela Ridge, Maile Flat Trail, Mohihi Stream, Mohihi Waialae 
Trail, Kawaiiki Valley, and Waialae Valley in the Alakai Wilderness 
Preserve, Hono o Na Pali Natural Area Reserve, Kokee State Park, Na 
Pali Coast State Park, and Na Pali-Kona Forest Reserve (57 FR 20580; 
HINHP Database 2000; GDSI 2000; K. Wood, in litt. 1999).
    Poa sandvicensis grows on wet, shaded, gentle to steep slopes, 
ridges, and rock ledges of stream banks in semi-open to closed, wet, 
diverse Acacia koa -Metrosideros polymorpha montane forest, at 
elevations between 498 and 1,290 m (1,635 and 4,232 ft). Associated 
native plant species include Alyxia oliviformis, Bidens sandvicensis, 
Cheirodendron spp., Claoxylon sandwicense, Coprosma spp., Dianella 
sandwicensis, Dicranopteris linearis, Dodonaea viscosa, Dubautia spp., 
Hedyotis spp., Melicope spp., Peperomia spp., Psychotria spp., Scaevola 
procera, Schiedea stellarioides, or Syzygium sandwicensis (57 FR 20580; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    The greatest immediate threats to the survival of Poa sandvicensis 
are competition from non-native plants, such as Erigeron karvinskianus, 
Rubus argutus, Passiflora mollissima, or Hedychium spp.; erosion caused 
by feral pigs and goats; and State forest reserve trail maintenance 
activities and human recreation. In addition, naturally occurring 
events could constitute an threat of extinction or reduced reproductive 
vigor due to the species' small population size (57 FR 20580; Service 
1995).
Poa siphonoglossa (NCN)
    Poa siphonoglossa is a perennial grass (Poaceae). It differs from 
P. sandvicensis principally by its longer culms, lack of a prominent 
tooth on the ligule, and shorter panicle branches. Poa siphonoglossa 
has extensive tufted and flattened culms that cascade from banks in 
masses. Short rhizomes, long culms, closed and fused sheaths, and lack 
of a tooth on the ligule separate P. siphonoglossa from P. mannii and 
other closely related species (O'Connor 1999).
    Little is known about the life history of Poa siphonoglossa. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Poa siphonoglossa was known from five sites on the 
island of Kauai: Kohua Ridge in Na Pali-Kona Forest Reserve; near 
Kaholuamanu; Kaulaula Valley in Puu Ka Pele Forest Reserve; Kuia 
Valley; and Kalalau. Currently, there are a total of five populations 
with a total of 50 individuals on State-owned land at Kahuamaa Flats, 
Mohihi Waialai Trail, Kuia Valley, Makaha Ridge, and Kaulaula Valley in 
the Alakai Wilderness Preserve, Kuia Natural Area Reserve, Na Pali 
Coast State Park, Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest 
Reserve (K. Wood, in litt. 1999; HINHP Database 2000; GDSI 2000).
    Poa siphonoglossa typically grows on shady banks on steep slopes in 
mesic Metrosideros polymorpha-Acacia koa forests at elevations between 
about 498 and 1,290 m (1,635 and 4,232 ft). Associated native plant 
species include Acacia koa, Alphitonia ponderosa, Alyxia oliviformis, 
Bobea brevipes, Carex meyenii, Carex wahuensis, Coprosma waimeae, 
Dianella sandwicensis, Dodonaea viscosa, Dubautia spp, Hedyotis spp., 
Lobelia yuccoides, Melicope spp., Microlepia strigosa, Myrsine spp, 
Panicum nephelophilum, Poa sandvicensis, Psychotria spp., Scaevola 
procera, Styphelia tameiameiae, Tetraplasandra kauaiensis, Vaccinium 
spp., Wilkesia gymnoxiphium, Xylosma spp, Zanthoxylum dipetalum (57 FR 
20580, K. Wood, pers. comm., 2001).
    The primary threat to the survival of Poa siphonoglossa is habitat 
degradation and/or herbivory by feral pigs and deer. The non-native 
plant Rubus argutus invading Kohua Ridge constitutes a probable threat 
to that population. Small population size and potential for one 
disturbance event to destroy the majority of known individuals are also 
serious threats to this species (57 FR 20580; Service 1995; HINHP 
Database 2000).
Pritchardia aylmer-robinsonii (wahane)
    Pritchardia aylmer-robinsonii, a member of the palm family 
(Arecaceae) is a fan-leaved tree about 7 to 15 m (23 to 50 ft) tall. 
This species is distinguished from others of the genus by the thin leaf 
texture and drooping leaf segments, tan woolly hairs on the underside 
of the petiole and the leaf blade base, stout hairless flower clusters 
that do not extend beyond the fan-shaped leaves, and the smaller 
spherical fruit (Read and Hodel 1999).
    Little is known about the life history of Pritchardia aylmer-
robinsonii. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (61 FR 41020).
    Historically, Pritchardia aylmer-robinsonii was found at three 
sites in the eastern and central portions of the island of Niihau. 
Trees were found on Kaali Cliff and in Mokouia and Haao Valleys at 
elevations between 70 and 270 m (230 and 885 ft) on privately owned 
land. The most recent observations indicate that two plants still 
remain on Kaali Cliff (Read and Hodel 1999; HINHP Database 2000; GDSI 
2000).
    Pritchardia aylmer-robinsonii typically grows on rocky talus in 
seepage areas within coastal dry forest at elevations between 91 to 259 
m (300 to 850 ft). Associated native plant species include Brighamia 
insignis, Cyperus trachysanthos, Lobelia niihauensis or Lipochaeta 
lobata var. lobata (nehe). Originally a component of the coastal dry 
forest, this species now occurs only in a rugged and steep area where 
it receives some protection from

[[Page 3958]]

grazing ungulates (61 FR 41020; HINHP Database 2000).
    The species is threatened by habitat degradation and/or herbivory 
by cattle, feral pigs, and feral goats and seed predation by rats. 
Small population size, limited distribution, and reduced reproductive 
vigor makes this species particularly vulnerable to extinction (61 FR 
41020).
Pritchardia napaliensis (loulu)
    Pritchardia napaliensis, a member of the palm family (Arecaceae), 
is a small tree with about 20 leaves and an open crown. This species is 
distinguished from others of the genus that grow on Kauai by having 
about 20 flat leaves with pale scales on the lower surface that fall 
off with age, inflorescences with hairless main axes, and globose 
(having or consisting of globules) fruits less than 3 cm (1.2 in.) long 
(Read and Hodel 1999).
    Little is known about the life history of Pritchardia napaliensis. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Pritchardia napaliensis has only been known from three populations 
with 155 individuals on State-owned land in Pohakuao, Alealau, 
Waiahuakua; and Hoolulu Valley within the Hono o Na Pali Natural Area 
Reserve and Na Pali Coast State Park (K. Wood, in litt. 1999; HINHP 
Database 2000; GDSI 2000).
    Pritchardia napaliensis typically grows in areas between elevations 
of 152 and 1,158 m (500 and 3,800 ft) in a wide variety of habitats 
ranging from lowland dry to diverse mesic forests dominated by 
Diospyros spp. or montane wet forests dominated by Metrosideros 
polymorpha and Dicranopteris linearis. Several associated native plant 
species besides those mentioned above include Alsinidendron lychnoides, 
Alyxia oliviformis, Boehmeria grandis, Cheirodendron trigynum, Cibotium 
spp., Dubautia knudsenii, Elaeocarpus bifidus, Hibiscus kokio ssp. 
saintjohnianus (kokio), Lipochaeta connata var. acris (nehe), Melicope 
peduncularis (alani), Nesoluma polynesicum (keahi), Ochrosia kauaiensis 
(holei), Rauvolfia sandwicensis, Stenogyne purpurea (NCN), Syzygium 
sandwicensis, Phyllostegia electra (NCN), Pleomele spp., Poa 
sandvicensis, Pouteria sandwicensis, Psychotria spp., Psydrax odoratum, 
Pteralyxia kauaiensis, Santalum freycinetianum var. pyrularium, 
Vaccinium dentatum, Xylosma hawaiiense, or Wilkesia gymnoxiphium 
(Service 1998a; 61 FR 53070; HINHP Database 2000).
    Major threats to Pritchardia napaliensis include habitat 
degradation and grazing by feral goats and pigs; seed predation by 
rats; and competition with the non-native plants, such as Kalanchoe 
pinnata, Erigeron karvinskianus, Lantana camara, Psidium guajava, or 
possibly Cordyline fruticosa. The species is also threatened by 
vandalism and over-collection. In 1993, near the Wailua River, the 
Hawaii Department of Forestry and Wildlife (DOFAW) constructed a fenced 
enclosure around 39 recently planted P. napaliensis individuals. 
Shortly after being planted, the fence was vandalized and the 39 plants 
were removed. Also, because of the small number of remaining 
populations and individuals, this species is susceptible to a risk of 
extinction from naturally occurring events, such as landslides or 
hurricanes, and from reduced reproductive vigor (61 FR 53070; Craig 
Koga, DOFAW, in litt. 1999; A. Kyono, pers. comm., 2000).
Pritchardia viscosa (loulu)
    Pritchardia viscosa, a member of the palm family (Arecaceae), is a 
small tree 3 to 8 m (10 to 26 ft) tall. This species differs from 
others of the genus that grow on Kauai by the degree of hairiness of 
the lower surface of the leaves and main axis of the flower cluster, 
and length of the flower cluster (Read and Hodel 1999).
    Historically, Pritchardia viscosa was known only from a 1920 
collection from Kalihiwai Valley. It was not seen again until 1987, 
when Robert Read observed it in the same general area as the type 
locality, off the Powerline Road at 512 m (1,680 ft) elevation (HINHP 
Database 2000). Currently, there is one population with three 
individuals on State-owned land within the Halelea Forest Reserve (61 
FR 53070; HINHP Database 2000; GDSI 2000).
    This species is found in Metrosideros polymorpha -Dicranopteris 
linearis lowland wet forest at elevations between 488 to 518 m (1,600 
to 1,700 ft). Associated native species include Antidesma spp., Bobea 
spp., Cibotium spp., Cyanea fissa, Cyrtandra kauaiensis, Cyrtandra 
longiflora, Dubautia knudsenii, Nothocestrum spp., Perrottetia 
sandwicensis, Psychotria spp., Sadleria pallida, or Syzygium 
sandwicensis (Service 1998a; 61 FR 53070).
    Pritchardia viscosa is threatened by Psidium cattleianum and non-
native grasses, such as Paspalum conjugatum; and seed predation by 
rats. At least one of the remaining mature trees has been damaged by 
spiked boots used either by a botanist or seed collector to scale the 
tree. In mid-1996, a young plant and seeds from mature Pritchardia 
viscosa plants were removed from the only known location of this 
species. Because of this past activity, it is reasonable to assume that 
these plants are threatened by over-collection and vandalism. Also, 
because of the small numbers of individuals in the only known 
population, this species is susceptible to extinction since a single 
naturally occurring event (e.g., a hurricane) could destroy all 
remaining plants (61 FR 53070; C. Koga, in litt. 1999; A. Kyono, pers. 
comm., 2000).
Pteralyxia kauaiensis (kaulu)
    Pteralyxia kauaiensis, a member of the dogbane family 
(Apocynaceae), is a long-lived perennial tree 3 to 8 m (10 to 26 ft) 
tall. The leaves are dark green and shiny on the upper surfaces, but 
pale and dull on the lower surfaces. This species differs from the only 
other species of this endemic Hawaiian genus in having reduced lateral 
wings on the seed (Wagner et al. 1999).
    Little is known about the life history of Pteralyxia kauaiensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Pteralyxia kauaiensis was known from the Wahiawa 
Mountains in the southern portion of Kauai. This species is now known 
from 15 populations, with a total of 807 individuals in the following 
scattered locations on State land: Limahuli Valley, the left branch of 
Kalalau Valley, Pohakuao, the right branch of Kalalau Valley, Makaha 
Valley, Kuia Valley, Haeleele Valley, Koaie Canyon, Kawaiiki Valley, 
Hipalau, Haupu, Blue Hole, Poomau Valley, and Kapalikea within the 
Lihue-Koloa Forest Reserve, Na Pali Coast State Park, Na Pali-Kona 
Forest Reserve, and Puu Ka Pele Forest Reserve. There is also an 
undocumented sighting of one individual at Makaleha, above the town of 
Kapaa (59 FR 9304; K. Wood, in litt. 1999; Wagner et al. 1999; HINHP 
Database 2000).
    This taxon is typically found in diverse mesic or Diospyros 
sandwicensis mixed mesic forests with Pisonia spp. between elevations 
of 915 and 1,007 m (3,002 and 3,305 ft). Associated native plant 
species include Acacia koa, Alectryon macrococcus, Alphitonia 
ponderosa, Antidesma platyphyllum var. hillebrandii, Bobea brevipes, 
Carex spp., Charpentiera elliptica, Claoxylon sandwicense, Cyanea spp., 
Dianella sandwicensis, Diospyros spp. (lama), Dodonaea

[[Page 3959]]

viscosa, Diplazium sandwichianum, Euphorbia haeleeleana, Freycinetia 
arborea, Gahnia spp., Gardenia remyi (nanu), Hedyotis terminalis, 
Hibiscus kokio, Kokia kauaiensis, Metrosideros polymorpha, Myrsine 
lanaiensis, Neraudia spp. (NCN), Nesoluma polynesicum, Nestegis 
sandwicensis, Peperomia spp., Pleomele aurea, Pipturus spp., Pisonia 
sandwicensis, Poa sandvicensis, Pouteria sandwicensis, Psychotria spp., 
Psydrax odoratum, Pritchardia spp., Rauvolfia sandwicensis, Santalum 
freycinetianum var. pyrularium, Schiedea spp., Styphelia tameiameiae, 
Syzygium sandwicensis, Tetraplasandra spp., Xylosma hawaiiense, or 
Zanthoxylum dipetalum (59 FR 9304; HINHP Database 2000; K. Wood, pers. 
comm., 2001).
    The major threats to Pteralyxia kauaiensis are habitat destruction 
by feral animals and competition with introduced plants. Animals 
affecting the survival of this species include feral goats and pigs, 
and, possibly, rats, which may eat the fruit. Fire could threaten some 
populations. Introduced plants competing with this species include 
Psidium guajava, Erigeron karvinskianus, Aleurites moluccana, Lantana 
camara, Psidium cattleianum, or Cordyline fruticosa (59 FR 9304; 
Service 1995; HINHP Database 2000).
Remya kauaiensis (NCN)
    Remya kauaiensis, one of three species of a genus endemic to the 
Hawaiian Islands, is in the aster family (Asteraceae). Remya kauaiensis 
is a small short-lived perennial shrub, about 1 m (3 ft) tall, with 
many slender, sprawling branches which are covered with a fine tan fuzz 
near their tips. The leaves, coarsely toothed along the edges, are 
green on the upper surface while the lower surface is covered with a 
dense mat of fine white hairs (Wagner et al. 1999).
    Seedlings of this taxon have not been observed. Flowers have been 
observed in April, May, June, and August, and are probably insect-
pollinated. Seeds are probably wind or water-dispersed. Remya 
kauaiensis may be self-incompatible (56 FR 1450; Herbst 1988; Service 
1995).
    Historically, this species was found in the Na Pali Kona Forest 
Reserve at Koaie, Mohihi, Kalalau, Makaha, Nualolo, Kawaiula, Kuia, 
Honopu, Awaawapuhi, Kopakaka, and Kauhao, on Kauai. There are currently 
12 known populations with a total of 124 individuals on State-owned 
land. They occur in Hipalau Valley, Awini Valley, Koaie Canyon, Mohihi 
Stream, the left branch of Kalalau Valley, Awaawapuhi and Nualolo 
Valleys, Kuia and Kawaiula Valleys, Makaha Valley, Kauhao Valley, and 
Kaulaula Valley within the Alakai Wilderness Preserve, Kuia Natural 
Area Reserve, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, 
Puu Ka Pele Forest Reserve, and Waimea Canyon State Park (K. Wood, in 
litt. 1999; GDSI 2000; HINHP Database 2000).
    Remya kauaiensis grows chiefly on steep, north or northeast-facing 
slopes at elevations between 560 and 1,247 m (1,836 and 4,090 ft). It 
is found primarily in Acacia koa-Metrosideros polymorpha lowland mesic 
forest with Chamaesyce spp. (akoko), Claoxylon sandwicense, Dianella 
sandwicensis, Diospyros spp., Dodonaea viscosa, Hedyotis terminalis, 
Melicope spp., Nestegis sandwicensis, Pouteria sandwicensis, Psychotria 
spp., Schiedea spp., or Tetraplasandra spp. (56 FR 1450; Herbst 1988; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to Remya kauaiensis include herbivory and 
habitat degradation by feral goats, pigs, cattle, and deer, and 
competition from non-native plant species. Other threats include 
erosion, fire, and risk of extinction from naturally occurring events, 
such as landslides or hurricanes, and/or reduced reproductive vigor due 
to the small number of remaining populations and individuals (56 FR 
1450; Service 1995).
Remya montgomeryi (NCN)
    The genus Remya, in the aster family (Asteraceae), is endemic to 
the Hawaiian Islands. Remya montgomeryi was discovered in 1985 by 
Steven Montgomery on the sheer, virtually inaccessible cliffs below the 
upper rim of Kalalau Valley, Kauai. It is a small short-lived perennial 
shrub, about 1 m (3 ft) tall, with many slender, sprawling to weakly 
erect, smooth branches. The leaves are coarsely toothed along the 
edges, and are green on the upper as well as lower surfaces (Wagner et 
al. 1999).
    Seedlings of this taxon have not been observed. Flowers have been 
observed in April, May, June, and August, and are probably insect-
pollinated. Seeds are probably wind or water-dispersed. Remya 
montgomeryi may be self-incompatible (Herbst 1988; 56 FR 1450).
    Remya montgomeryi is known only from Kauai. Three populations with 
113 individuals are reported on State-owned land in the left and right 
branches of Kalalau Valley, Koaie Canyon, and Kuia Valley within the 
Alakai Wilderness Preserve and Na Pali Coast State Park (Herbst 1988; 
K. Wood, in litt. 1999; GDSI 2000; HINHP Database 2000).
    Remya montgomeryi grows at elevations between 336 and 1,344 m 
(1,102 and 4,411 ft), primarily on steep, north or northeast-facing 
slopes or cliffs in transitional wet or Metrosideros polymorpha 
dominated mixed mesic forest. Associated native plant species include 
Artemisia australis, Bobea spp., Boehmeria grandis, Cheirodendron spp., 
Claoxylon sandwicensis, Cyrtandra spp., Dubautia spp., Ilex anomala, 
Lepidium serra, Lysimachia spp. (kolokolo kuahiwi), Myrsine 
linearifolia, Nototrichium spp., Pleomele aurea, Poa mannii, Sadleria 
spp., Scaevola spp., Stenogyne campanulata, Tetraplasandra spp., or 
Zanthoxylum dipetalum (HINHP Database 2000; K. Wood, pers. comm., 
2001).
    The primary threats to Remya montgomeryi are herbivory and habitat 
degradation by feral goats, pigs, cattle, and deer, and competition 
from non-native plant species. Other threats include erosion, fire, and 
an increased risk of extinction from naturally occurring events (e.g., 
landslides or hurricanes) because of the small size of the populations 
and their limited distribution (56 FR 1450; Service 1995).
Schiedea apokremnos (maolioli)
    Schiedea apokremnos, a member of the pink family (Caryophyllaceae), 
is a low, branching short-lived perennial shrub 20 to 51 cm (8 to 20 
in.) tall. The leaves are oppositely arranged, oblong, and somewhat 
fleshy and glabrous (having a surface without hairs). Schiedea 
apokremnos is distinguished from related species by shorter sepals, 
nectaries, and capsules (Wagner et al. 1999).
    Some S. apokremnos individuals are functionally female and must be 
cross-pollinated to set seed. This reproductive strategy may be 
ineffective in populations with few individuals. Little is known about 
the life history of Schiedea apokremnos. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Schiedea apokremnos has been collected from Nualolo Kai, Kaaweiki 
Ridge, and along a 10.5 km (6.5 mi) long section of the Na Pali coast 
including Milolii Valley, Kalalau Beach, Kaalahina and Manono Ridges, 
Haeleele Ridge, and, as far north as, Pohakuao Valley, all on the 
island of Kauai. There is currently a total of five populations 
containing 751 individuals on State-owned lands. The species is extant 
at Nakeikionaiwi, Pohakuao, Nualolo Valley, Haeleele Valley, and 
Kawaiiki Valley within the Na Pali Coast State Park and Puu Ka Pele 
Forest Reserve (56

[[Page 3960]]

FR 49639; HINHP Database 2000; GDSI 2000).
    Schiedea apokremnos grows in the crevices of near-vertical basalt 
coastal cliff faces, at elevations between 12 and 391 m (40 and 1,283 
ft). The species grows in sparse dry coastal cliff shrub vegetation 
along with Artemisia australis, Bidens spp., Carex meyenii, Chamaesyce 
celastroides, Eragrostis variabilis, Lepidium serra, Lipochaeta 
connata, Lobelia niihauensis, Myoporum sandwicense, Peperomia spp., 
Pleomele aurea, Psydrax odoratum, or Wilkesia spp. (56 FR 49639; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    The restriction of this species to inaccessible cliffs suggests 
that goat herbivory may have eliminated them from more accessible 
locations. The greatest current threat to the survival of Schiedea 
apokremnos is still herbivory and habitat degradation by feral goats, 
as well as competition from the non-native plants Leucaena leucocephala 
and Hyptis pectinata (comb hyptis), and trampling by humans. Given the 
small size of most populations and restricted distribution, depressed 
reproductive vigor may be a serious threats to the species. In 
addition, a single environmental disturbance (such as a landslide or 
fire) could destroy a significant percentage of the extant individuals 
(56 FR 49639; Service 1995).
Schiedea helleri (NCN)
    Schiedea helleri, a member of the pink family (Caryophyllaceae), is 
a short-lived perennial vine. The stems, smooth below and minutely 
hairy above, are usually prostrate and at least 15 cm (6 in.) long with 
internodes at least 4 to 15 cm (1.6 to 6 in.) long. The opposite leaves 
are somewhat thick, triangular, egg-shaped to heart-shaped, 
conspicuously three-veined, and nearly hairless to sparsely covered 
with short, fine hairs, especially along the margins. This species is 
the only member of the genus on Kauai that grows as a vine (Wagner et 
al. 1999).
    Three plants were observed flowering in February. No additional 
life history information for this species is currently known (Service 
1998a).
    Schiedea helleri was originally found only at a single location 
above Waimea, at Kaholuamano on the island of Kauai, over 100 years 
ago. There is currently a total of three populations with 63 
individuals on State-owned land at Mohihi Stream, Nawaimaka Valley, and 
Mohihi Waialae Trail within the Alakai Wilderness Preserve and Na Pali-
Kona Forest Reserve (K. Wood, in litt. 1999; HINHP Database 2000; GDSI 
2000).
    Schiedea helleri is found on ridges and steep cliffs in closed 
Metrosideros polymorpha-Dicranopteris linearis montane wet forest, M. 
polymorpha-Cheirodendron spp. montane wet forest, or Acacia koa-M. 
polymorpha montane mesic forest at elevations between 941 and 1,223 m 
(3,088 and 4,011 ft). Other native plants growing in association with 
this species include Broussaisia arguta, Cheirodendron spp., Cibotium 
spp., Cyanea spp., Dianella sandwicensis, Dubautia spp., Elaeocarpus 
bifidus, Hedyotis terminalis, Melicope spp., Myrsine spp., Poa 
sandvicensis Scaevola procera, Syzygium sandwicensis, or Viola 
wailenalenae (pamakani) (K. Wood, pers. comm., 2001; HINHP Database 
2000).
    Competition with the non-native plant Rubus argutus, a risk of 
extinction from naturally occurring events (e.g., landslides or 
hurricanes), and reduced reproductive vigor due to the small number of 
extant individuals are serious threats to Schiedea helleri (61 FR 
53070).
Schiedea kauaiensis (NCN)
    Schiedea kauaiensis, a member of the pink family (Caryophyllaceae), 
is a generally hairless, erect subshrub. The green, sometimes purple-
tinged leaves are opposite, narrowly egg-shaped or lance-shaped to 
narrowly or broadly elliptic. Lacking petals, the perfect flowers are 
borne in open branched inflorescences, and are moderately covered with 
fine, short, curly, white hairs. This short-lived perennial species is 
distinguished from others in this endemic Hawaiian genus by its habit, 
larger leaves, the hairiness of the inflorescence, the number of 
flowers in each inflorescence, larger flowers, and larger seeds (Wagner 
et al. 1999).
    Little is known about the life history of this taxon. Fruit and 
flowers have been observed in July and August, and flowering material 
has been collected in September. There is no evidence of regeneration 
from seed under field conditions. Reproductive cycles, longevity, 
specific environmental requirements and limiting factors are unknown 
(Service 1998a).
    Historically, Schiedea kauaiensis was known from the northwestern 
side of Kauai, from Papaa to Mahanaloa. It was thought to be extinct 
until the two currently known populations in Mahanaloa and Kalalau 
Valleys, with a total of 22 individuals, were found. Both populations 
occur on State land within the Kuia Natural Area Reserve and Na Pali 
Coast State Park (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 
1999).
    Schiedea kauaiensis typically grows in diverse mesic to wet Acacia 
koa-Metrosideros polymorpha forest on steep slopes at elevations 
between 192 and 1,290 m (631 and 4,232 ft). Associated native plant 
species include Alphitonia ponderosa, Cryptocarya mannii, Diospyros 
spp., Dodonaea viscosa, Euphorbia haeleeleana, Exocarpos luteolus, 
Microlepia strigosa, Nestegis sandwicensis, Pisonia spp., Peucedanum 
sandwicense, Psychotria spp., Psydrax odoratum, or Styphelia 
tameiameiae (61 FR 53108; HINHP Database 2000; K. Wood, pers. comm., 
2001).
    Threats to Schiedea kauaiensis include habitat degradation and/or 
destruction by feral goats, pigs, and cattle; competition from several 
non-native plant species; predation by introduced slugs and snails; and 
a risk of extinction from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
low number of individuals in only two known populations. Schiedea 
kauaiensis is also potentially threatened by fire (61 FR 53108; Service 
1998a; HINHP Database 2000).
Schiedea membranacea (NCN)
    Schiedea membranacea, a member of the pink family 
(Caryophyllaceae), is a perennial herb. The unbranched, fleshy stems 
rise upwards from near the base and are somewhat sprawling. During dry 
seasons, the plant dies back to a woody, short stem at or beneath the 
ground surface. The oppositely arranged leaves are broadly elliptic to 
egg-shaped, generally thin, have five to seven longitudinal veins, and 
are sparsely covered with short, fine hairs. The perfect flowers have 
no petals, are numerous, and occur in large branched clusters. This 
short-lived perennial species differs from others of the genus that 
grow on Kauai by having five-to seven-nerved leaves and a herbaceous 
habit (Wagner et al. 1999).
    Research suggests that this species largely requires outcrossing 
for successful germination and survival to adulthood. Pollinators for 
Schiedea membranacea are unknown, since none have been seen during the 
daytime, and none were observed during one set of night observations. 
Little else is known about the life history of Schiedea membranacea. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown. (Service 1998a).
    Schiedea membranacea is currently known from the western side of 
the island of Kauai, on State and privately

[[Page 3961]]

owned lands at Poopooiki Valley, Milolii Ridge, Kuia Valley, Awaawapuhi 
Valley, Nualolo Valley, Kahuamaa Flats, Waialae Falls, Koaie Canyon, 
and the right branch of Wainiha Valley. On State lands it occurs within 
the Alakai Wilderness Preserve, Halelea Forest Reserve, Kuia Natural 
Area Reserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve. There are currently seven populations containing 195 
individuals (Wood and Perlman 1993; 61 FR 53070; K. Wood, in litt. 
1999; HINHP Database 2000; GDSI 2000).
    This species is typically found on cliffs and cliff bases in mesic 
or wet habitats, in lowland, or montane shrubland, or forest 
communities dominated by Acacia koa, Pipturus spp. and Metrosideros 
polymorpha or Urticaceae shrubland on talus slopes at elevations 
between 422 and 1,205 m (1,386 and 3,953 ft). Associated native plant 
species include Alphitonia ponderosa, Alyxia oliviformis, Asplenium 
spp., Athyrium sandwicensis (akolea), Bobea brevipes, Boehmeria 
grandis, Cyrtandra spp., Diplazium sandwichianum, Dodonaea viscosa, 
Eragrostis variabilis, Hedyotis terminalis, Hibiscus waimeae, 
Joinvillea ascendens ssp. ascendens (ohe), Labordia helleri 
(kamakahala), Lepidium serra, Lysimachia kalalauensis (NCN), Machaerina 
angustifolia, Mariscus pennatiformis, Melicope spp., Myrsine spp., 
Perrottetia sandwicensis, Pisonia spp., Pleomele aurea, Poa mannii, Poa 
sandvicensis, Pouteria sandwicensis, Psychotria spp., Psydrax odoratum, 
Remya kauaiensis, Sadleria cyatheoides (amau), Scaevola procera, 
Thelypteris cyatheoides (kikawaio), Thelypteris sandwicensis 
(palapalaia), or Touchardia latifolia (61 FR 53070; HINHP Database 
2000; K. Wood, pers. comm., 2001).
    Habitat degradation by feral goats, and pigs, and deer; competition 
with the non-native plant species Erigeron karvinskianus, Lantana 
camara, Rubus argutus, R. rosifolius, Psidium cattleianum, Ageratina 
riparia (Hamakua pamakani), or Passiflora mollissima; loss of 
pollinators; and landslides are the primary threats to Schiedea 
membranacea. Based on observations indicating that snails and slugs may 
consume seeds and seedlings, it is likely that introduced molluscs also 
represent a major threat to this species (61 FR 53070; Wood and Perlman 
1993; Service 1998a).
Schiedea spergulina var. leiopoda and Schiedea spergulina var. 
spergulina (NCN)
    Schiedea spergulina, a member of the pink family (Caryophyllaceae), 
is a short-lived perennial subshrub. The opposite leaves are very 
narrow, one-veined, and attached directly to the stem. The flowers are 
unisexual, with male and female flowers on different plants. Flowers 
occur in compact clusters of three. The capsular fruits contain nearly 
smooth, kidney-shaped seeds. Of the 22 species in this endemic genus, 
only two other species have smooth seeds. Schiedea spergulina differs 
from those two in having very compact flower clusters. The two weakly 
defined varieties differ primarily in the degree of hairiness of the 
inflorescences, with S. s. var. leiopoda being the less hairy of the 
two (Wagner et al. 1999).
    Little is known about the life histories of either Schiedea 
spergulina var. leiopoda or Schiedea spergulina var. spergulina. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Schiedea spergulina var. leiopoda was found on a 
ridge on the east side of Hanapepe on Kauai. One population with 
approximately 50 individuals is now known to grow in Lawai Valley on 
Kauai on privately owned land (HINHP Database 2000; GDSI 2000).
    Schiedea spergulina var. spergulina was historically found in 
Olokele Canyon, but is now known only from the right branch of Kalalau 
Valley, Koaie Canyon, and Waimea Canyon. A total of three populations 
numbering approximately 206 individuals is reported on State-owned land 
within the Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and 
the Puu Ka Pele Forest Reserve. However, it has been estimated that 
this species may number in the thousands on Kauai (Service 1995; HINHP 
Database 2000; GDSI 2000).
    Both varieties of Schiedea spergulina are usually found on bare 
rock outcrops or sparsely vegetated portions of rocky cliff faces or 
cliff bases in diverse lowland dry to mesic forests at elevations 
between 21 and 87 m (69 and 284 ft) for Schiedea spergulina var. 
leiopoda and elevations between 144 and 828 m (474 and 2,718 ft) for 
Schiedea spergulina var. spergulina. Associated native plant species 
include Acacia koa, Artemisia australis, Bidens sandvicensis, Carex 
meyenii, Chamaesyce celastroides, Dianella sandwicensis, Doryopteris 
spp. (kumuniu), Eragrostis variabilis, Erythrina sandwicensis 
(wiliwili), Gahnia spp, Heliotropium spp. (ahinahina), Lepidium serra, 
Lipochaeta connata, Microlepia strigosa, Nestegis sandwicensis, 
Nototrichium sandwicense, Panicum lineale, Peucedanum sandwicense, or 
Wilkesia gymnoxiphium (59 FR 9304; Lorence and Flynn 1991; Service 
1995; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Schiedea spergulina var. leiopoda are habitat 
destruction by feral goats and competition with non-native plants such 
as Leucaena leucocephala, Lantana camara, or Furcraea foetida 
(Mauritius hemp). Individuals have also been damaged and destroyed by 
rock slides. This variety is potentially threatened by pesticide use in 
nearby sugarcane fields, as well as a risk of extinction from naturally 
occurring events (e.g., hurricanes) and/or reduced reproductive vigor 
due to the small number of existing individuals (59 FR 9304; Lorence 
and Flynn 1991; Service 1995).
    Schiedea spergulina var. spergulina is threatened by competition 
with non-native plant species, including Erigeron karvinskianus, 
Lantana camara, Melia azedarach, or Triumfetta semitriloba (Sacramento 
bur). The area in which this variety grows is used heavily by feral 
goats, and there is evidence that plants are being browsed and trampled 
(59 FR 9304; Lorence and Flynn 1991; HINHP Database 2000).
Schiedea stellarioides (laulihilihi)
    Schiedea stellarioides, a member of the pink family 
(Caryophyllaceae), is a slightly erect to prostrate subshrub with 
branched stems. The opposite leaves are very slender to oblong-
elliptic, and one-veined. This short-lived perennial species is 
distinguished from others of the genus that grow on Kauai by the number 
of veins in the leaves, shape of the leaves, presence of a leaf stalk, 
length of the flower cluster, and shape of the seeds (Wagner et al. 
1999).
    Plants were observed flowering in the field in February. Little 
else is known about the life history of Schiedea stellarioides. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Schiedea stellarioides was found at the sea cliffs of 
Hanakapiai Beach, Kaholuamano-Opaewela region, the ridge between 
Waialae and Nawaimaka Valleys, and Haupu Range on the island of Kauai. 
Currently it is found in Kawaiiki Valley and Waialae Falls within the 
Na Pali-Kona Forest Reserve. There is a total of two populations with 
400 individuals on

[[Page 3962]]

State-owned land (K. Wood, in litt. 1999; HINHP Database 2000; GDSI 
2000).
    Schiedea stellarioides is found on steep slopes in closed Acacia 
koa-Metrosideros polymorpha lowland to montane mesic forest or 
shrubland at elevations between 476 and 1,216 m (1,561 and 3,990 ft). 
Associated native plant species include Alsinidendron viscosum, 
Artemisia australis, Bidens cosmoides, Chenopodium spp. (ahe ahea), 
Dianella sandwicensis, Dodonaea viscosa, Mariscus spp., Melicope spp., 
Nototrichium sandwicense, Pipturus spp., Styphelia tameiameiae, 
Syzygium sandwicensis, or Zanthoxylum dipetalum (61 FR 53070; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to this species include habitat degradation and 
herbivory by feral pigs and goats, competition with the non-native 
plants Melinis minutiflora and Rubus argutus, and a risk of extinction 
of the two remaining populations from naturally occurring events, such 
as landslides or hurricanes (61 FR 53070).
Stenogyne campanulata (NCN)
    Stenogyne campanulata, a member of the mint family (Lamiaceae), is 
a vine with four-angled, hairy stems. A short-lived perennial species, 
Stenogyne campanulata is distinguished from closely related species by 
its large and very broadly bell-shaped calyces that nearly enclose the 
relatively small, straight corollas, and by small calyx teeth that are 
half as long as wide (Weller and Sakai 1999).
    Little is known about the life history of Stenogyne campanulata. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Stenogyne campanulata is known from two populations with 66 
individuals which were originally discovered in the left branch of 
Kalalau Valley on State-owned land in the Na Pali Coast State Park 
(GDSI 2000; HINHP Database 2000).
    Stenogyne campanulata grows on the rock face of a nearly vertical, 
north-facing cliff in diverse lowland or montane mesic forest at 
elevations between 335 and 1,290 m (1,100 and 4,232 ft). The associated 
native plant species include Lepidium serra, Lobelia niihauensis, 
Lysimachia spp., Metrosideros polymorpha, Melicope pallida, Neraudia 
kauaiensis, Nototrichium divaricatum (kului), Poa mannii, Remya 
montgomeryi, or Wilkesia gymnoxiphium (57 FR 20580; Weller and Sakai 
1999; K. Wood, pers. comm., 2001).
    The restriction of this species to virtually inaccessible cliffs 
suggests that herbivory by feral goats may have eliminated it from more 
accessible locations. Goat herbivory and habitat degradation remain the 
primary threat. Feral pigs have disturbed vegetation in the vicinity of 
these plants. Erosion caused by feral goats or pigs exacerbates the 
potential threat of landslides. Erigeron karvinskianus and Rubus 
argutus are the primary non-native plants threatening Stenogyne 
campanulata. The small number of individuals and its restricted 
distribution are serious potential threats to the species. The limited 
population size may depress reproductive vigor, or a single 
environmental disturbance, such as a landslide, could destroy all known 
extant individuals (57 FR 20580).
Viola helenae (NCN)
    Viola helenae is a small, unbranched perennial subshrub with an 
erect stem in the violet family (Violaceae). The hairless leaves are 
clustered on the upper part of the plant and are lance-shaped with a 
pair of narrow, membranous stipules below each leaf. The small, pale 
lavender or white flowers are produced on stems either singly or in 
pairs in the leaf axils. The fruit is a capsule that splits open at 
maturity, releasing the pale olive brown seeds (Wagner et al. 1999).
    Little is known about the life history and ecology of Viola 
helenae. Wagner et al. (1999) stated that the flowers are all 
chasmogamous (open at maturity for access by pollinators) and not 
cleistogamous (remain closed and self-fertilize in the bud) as in 
certain other violets. Therefore, it is likely that its flowers require 
pollination by insects for seed set. Mature flowering plants do produce 
seed; however, seed viability may be low and microhabitat requirements 
for germination and growth may be very specific. Seeds planted at NTBG 
on Kauai failed to germinate, although they may not have been 
sufficiently mature when collected and violet seeds are often very slow 
to germinate. The seeds are jettisoned when the capsule splits open, as 
in most species of the genus (Service 1994).
    Historically, Viola helenae was known from four populations, two 
along either branch of the Wahiawa Stream on Kauai. Currently, there is 
one known population, with a total of 137 individual plants, on 
privately owned land within the Wahiawa Drainage (56 FR 47695; Service 
1994; GDSI 2000; HINHP Database 2000).
    This species is found in Metrosideros polymorpha-Dicranopteris 
linearis lowland wet forest or Metrosideros polymorpha-Cheirodendron 
wet forest growing on stream drainage banks or adjacent Valley bottoms 
in light to moderate shade at elevations between 522 and 1,006 m (1,712 
and 3,301 ft). Associated native plant species include Antidesma 
platyphyllum var. hillebrandii, Broussaisia arguta, Dicranopteris 
linearis, Diplazium sandwichianum, Dubautia spp., Freycinetia arborea, 
Hesperomannia lydgatei, Melicope spp, or Pritchardia spp. (Service 
1994; HINHP Database 2000; K. Wood, pers. comm., 2001).
    Threats include competition from non-native plant species, 
including Psidium cattleianum, Melastoma candidum, potentially 
Melaleuca quinquenervia, Stachytarpheta dichotoma, Rubus rosifolius, 
Elephantopus mollis, Erechtites valerianifolia, or various non-native 
grasses; trampling and browsing damage by feral pigs; landslides and 
erosion; and hurricanes (56 FR 47695; Service 1994).
Viola kauaiensis var. wahiawaensis (nani waialeale)
    Viola kauaiensis, a member of the violet family (Violaceae), is a 
short-lived perennial herb with upward curving or weakly rising, 
hairless, lateral stems. The species is distinguished from others of 
the genus by its nonwoody habit, widely spaced kidney-shaped leaves, 
and by having two types of flowers: conspicuous, open flowers and 
smaller, unopened flowers. Two varieties of the species are recognized, 
both occurring on Kauai: var. kauaiensis and var. wahiawaensis. Viola 
kauaiensis var. wahiawaensis is distinguished by having broadly wedge-
shaped leaf bases (Service 1998a; Wagner et al. 1999).
    Five Viola kauaiensis var. wahiawaensis plants were observed in 
flower in December. Little else is known about the life history of 
Viola kauaiensis var. wahiawaensis. Its flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown. (Service 1998a).
    Viola kauaiensis var. wahiawaensis is known only from two 
populations in the Wahiawa Mountains of Kauai with a total of 13 
individual plants, on privately owned land. This taxon is not known to 
have occurred beyond its current range (HINHP Database 2000; GDSI 
2000).
    Viola kauaiensis var. wahiawaensis is found in Machaerina 
angustifolia-Rhynchospora rugosa (kuolohia)

[[Page 3963]]

lowland bog or mixed wet shrubland and adjacent Metrosideros polymorpha 
wet forest at elevations between 393 and 1,006 (1,291 and 3,301 ft). 
Associated native plant species include Antidesma platyphyllum var. 
hillebrandii, Bidens forbesii (kookoolau), Chamaesyce remyi (akoko), 
Chamaesyce sparsiflora (akoko), Coprosma grayana (pilo), Cyanea fissa, 
Dicranopteris linearis, Diplopterygium pinnatum (NCN), Dubautia 
imbricata (naenae), Dubautia raillardioides, Gahnia vitiensis (NCN), 
Lobelia kauaensis (NCN), Machaerina angustifolia, Machaerina 
mariscoides, Melicope spp., Psychotria wawrae, Sadleria pallida, 
Scaevola gaudichaudii, Sphenomeris chinensis, Styphelia tameiameiae, 
Syzygium sandwicensis, Tetraplasandra oahuensis, or Vaccinium dentatum 
(Lorence and Flynn 1991; 61 FR 53070; Service 1998a; HINHP Database 
2000; K. Wood, pers. comm., 2001).
    The primary threats to Viola kauaiensis var. wahiawaensis are a 
risk of extinction from naturally occurring events, such as landslides 
or hurricanes, and reduced reproductive vigor due to the small number 
of existing populations and individuals; habitat degradation through 
the rooting activities of feral pigs; and competition with non-native 
plants, such as Juncus planifolius (NCN) or Pterolepis glomerata (NCN) 
(61 FR 53070; Lorence and Flynn 1991; Service 1994; HINHP Database 
2000).
Wilkesia hobdyi (dwarf iliau)
    Wilkesia hobdyi, a member of the sunflower family (Asteraceae), is 
a short-lived perennial shrub which branches from the base. The tip of 
each branch bears a tuft of narrow leaves growing in whorls joined 
together into a short sheathing section at their bases. The cream-
colored flower heads grow in clusters (Carr 1982a, 1999b).
    This species is probably pollinated through outcrossing and is 
probably self-incompatible. Insects are the most likely pollinators. In 
1982, Carr reported that reproduction and seedling establishment were 
occurring and appeared sufficient to sustain the populations. Flowering 
was observed most often in the winter months, but also during June. 
Fruits may be dispersed when they stick to the feathers of birds. 
Densities reach one plant per square meter (approximately one square 
yard) in localized areas, and hybridization with Wilkesia gymnoxiphium 
may be occurring (Carr 1982a).
    First collected in 1968 on Polihale Ridge, Kauai, this species was 
not formally described until 1971 (St. John 1971). Currently, there are 
six populations with a total of 491 individuals. This species occurs on 
State-owned lands within the Hono o Na Pali Natural Area Reserve, Na 
Pali Coast State Park, and Puu Ka Pele Forest Reserve and on land under 
Federal jurisdiction within the Pacific Missile Range Facility (PMRF) 
at Makaha Ridge. The plants occur in Milolii Valley, Makaha Ridge, 
Haeleele Ridge, Kaaweiki Ridge, Polihale Spring, Pohakumano, and 
Pohakuao (HINHP Database 2000; GDSI 2000).
    Wilkesia hobdyi grows on coastal dry cliffs or very dry ridges at 
elevations between 12 and 685 m (40 and 2,246 ft). The associated 
native plant species include Artemisia australis, Dodonaea viscosa, 
Eragrostis variabilis, Hibiscus kokio ssp. saint johnianus, Lipochaeta 
connata, Lobelia niihauensis, Myoporum sandwicense, Peperomia blanda 
(ala ala wai nui), Peperomia leptostachya (ala ala wai nui), Peperomia 
tetraphylla (ala ala wai nui), Peucedanum sandwicense, Psydrax 
odoratum, Sida fallax, Waltheria indica (uhaloa), or Wilkesia 
gymnoxiphium (57 FR 27859; Service 1995; Wagner et al. 1999; K. Wood, 
pers. comm., 2001).
    The greatest immediate threats to the survival of this species are 
habitat disturbance and browsing by feral goats. Although the low 
number of individuals and their restricted habitat could be considered 
a potential threat to the survival to the species, the plant appears to 
have vigorous reproduction and may survive indefinitely if goats were 
eliminated from its habitat. Fire and extinction through naturally 
occurring events, such as landslides or hurricanes, could also be 
threats to the survival of the species (57 FR 27859; Service 1995).
Xylosma crenatum (NCN)
    Xylosma crenatum is a dioecious (plant bears only male or female 
flowers, and must cross-pollinate with another plant to produce viable 
seed) long-lived perennial tree in the flacourtia family 
(Flacourtiaceae). The tree grows up to 14 m (45 ft) tall and has dark 
gray bark. The somewhat leathery leaves are oval to elliptic-oval, with 
coarsely toothed edges and moderately hairy undersides. More coarsely 
toothed leaf edges and hairy undersides of the leaves distinguish X. 
crenatum from the other Hawaiian member of this genus (Wagner et al. 
1999).
    Little is known about the life history of Xylosma crenatum. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Xylosma crenatum was known from two sites on Kauai: 
along upper Nualolo Trail in Kuia Natural Area Reserve and along Mohihi 
Road between Waiakoali and Mohihi drainages in Na Pali-Kona Forest 
Reserve. Currently, this species is extant on State-owned land in 
Kainamanu, Nualolo Trail, and Mohihi Valley within the Kokee State 
Park, Kuia Natural Area Reserve, and Na Pali-Kona Forest Reserve. There 
are three populations with a total of eight individual plants (57 FR 
20580; Service 1995; HINHP Database 2000; GDSI 2000).
    Xylosma crenatum is known from diverse Acacia koa-Metrosideros 
polymorpha montane mesic forest, Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest, or Acacia koa-Metrosideros polymorpha 
montane wet forest at elevations between 936 and 1,284 m (3,070 and 
4,212 ft). Associated native plant species include Athyrium 
sandwicensis, Cheirodendron spp., Claoxylon sandwicense, Coprosma spp., 
Cyanea hirta (haha), Diplazium sandwichianum, Dubautia knudsenii, 
Hedyotis spp., Ilex anomala, Lobelia yuccoides, Myrsine spp., Nestegis 
sandwicensis, Perrottetia sandwicensis, Pleomele aurea, Poa 
sandvicensis, Pouteria sandwicensis, Psychotria spp., Scaevola procera, 
Streblus pendulinus, Tetraplasandra spp., Touchardia latifolia, or 
Zanthoxylum dipetalum (57 FR 20580; Service 1995; HINHP Database 2000; 
K. Wood, pers. comm., 2001).
    The small number of individuals and scattered distribution makes 
this species vulnerable to human or natural environmental disturbance. 
Xylosma crenatum is also threatened by competition from non-native 
plants, particularly Psidium guajava. In addition, feral pigs may 
threaten this species (57 FR 20580; Service 1995; HINHP Database 2000).

Multi-Island Species

Acaena exigua (liliwai)
    Acaena exigua is a small perennial rosette herb in the rose family 
(Rosaceae) with narrow, fern-like, divided leaves and slender flowering 
stalks 5-15 cm (2-5.9 in.) long. It is easily hidden among the other 
low, tufted bog plants with which it grows. The narrow, oblong leaves 
are usually 10-25 mm (0.4-1.0 in.) long with 6-17 leaflets 1-4 mm 
(0.04-0.16 in.) long and 1-2 mm (0.04-0.08 in.) wide. The leaflet on 
the end is wider (to 3 mm (0.12 in.)). The upper surface of the leaves 
is glossy with conspicuous veins; the lower

[[Page 3964]]

surface is whitish. The flowers lack petals and are arranged in short, 
dense spikes 5-10 mm (0.2-0.4 in.) long held on slender, sparsely leafy 
stalks 5-15 cm (2-6 in). tall. The base of the flower is urn-shaped, 
sometimes with very short spines or bristles, and encloses a single 
cone-shaped dry fruit (achene) 1 mm (0.04 in.) long (Wagner et al. 
1999).
    Little is known about the life history of Acaena exigua. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997).
    Historically, Acaena exigua was known from Puu-kukui on West Maui 
and from Mount Waialeale on Kauai. On Kauai, Acaena exigua was last 
collected by Wawra between 1869 and 1870, and it has not been seen in 
the wild since (Wagner et al. 1999).
    Acaena exigua is known only from sites with extensive cloud cover 
and moderate to strong winds in wet montane shrub bog or bog margins 
characterized by a thick peat substrate overlying an impervious clay 
substrate, with hummocks of sedges and grasses, stunted trees, and 
shrubs and elevations between 666 and 1,598 m (2,185 and 5,244 ft). 
Associated native plant species include Deschampsia nubigena (hair 
grass), Dichanthelium cynodon (NCN), Dichanthelium hillebrandianum 
(NCN), Dichanthelium isachnoides (NCN), Dubautia spp., Melicope spp., 
Metrosideros polymorpha, Oreobolus furcatus (NCN), or Vaccinium spp. 
(K. Wood, pers. comm., 2001).
    The reason for the disappearance of this species is not known. 
Though impact from herbivory and rooting by pigs is assumed and often 
cited, feral pigs have become established at Waialeale (Kauai) only 
within the past two decades. The main current threats to Acaena exigua, 
if it exists, are believed to include small population size; human 
impacts (collecting and site degradation); potentially consumption of 
vegetative or floral parts of this species by non-native slugs and/or 
rats; predation and habitat disturbance by feral pigs; and non-native 
plant species especially, Juncus planifolius (57 FR 20772).
Achyranthes mutica (NCN)
    Achyranthes mutica, a member of the amaranth family (Amaranthaceae) 
and a short-lived perennial, is a many-branched shrub with egg-shaped 
leaves and stalkless flowers. This species is distinguished from others 
in the genus by the shape and size of the sepals and by characteristics 
of the spike, which is short and congested (Wagner et al. 1999).
    Historically, Achyranthes mutica was known from three collections 
from opposite ends of the main archipelago: Kauai and Hawaii. 
Currently, this species is known only from Hawaii island, from the 
Kilohana Gulch on private land. It was last observed on Kauai in the 
1850s (61 FR 53108; HINHP Database 2000; GDSI 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Achyranthes mutica on the island of Kauai.
    Nothing is known of the threats to Achyranthes mutica on the island 
of Kauai.
    Adenophorus periens (pendent kihi fern)
    Adenophorus periens, a 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 (a leaflet) 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 
(Linney 1989).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in closed canopy dense 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. 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 the 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 known (Linney 1989).
    Historically, Adenophorus periens was reported from Kauai, Oahu, 
Lanai, Maui, and the island of Hawaii. Currently, it is known from 
several locations on Kauai, Molokai, and Hawaii (HINHP Database 2000). 
On Kauai, there is a total of seven populations on private and State-
owned lands (Halelea Forest Reserve, Hono o Na Pali Natural Area 
Reserve, and Kealia Forest Reserve), with approximately 80 individuals, 
that occur at Pihea, Pali Eleele, Waioli Valley, Mount Namahana, 
Lumahai Valley, Wainiha Valley, and Kapalaoa (59 FR 56333; GDSI 2000; 
HINHP Database 2000).
    This species, an epiphyte (a plant that derives moisture and 
nutrients from the air and rain) usually growing on Metrosideros 
polymorpha trunks, is found in riparian banks of stream systems in 
well-developed, closed canopy that provides deep shade or high humidity 
in Metrosideros polymorpha-Cibotium glaucum lowland wet forests, open 
Metrosideros polymorpha montane wet forest, or Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest at elevations between 107 and 
1,593 m (351 and 5,228 ft). Associated native plant species include 
Antidesma platyphyllum, Athyrium sandwichianum, Broussaisia spp., 
Cheirodendron trigynum, Cyanea spp., Cyrtandra spp., Dicranopteris 
linearis Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, 
Machaerina angustifolia, Psychotria spp., Psychotria hexandra, Syzygium 
sandwicensis, or Tetraplasandra oahuensis (59 FR 56333; Linney 1989; K. 
Wood, pers. comm., 2001).
    The threats to this species on Kauai include habitat degradation by 
feral pigs and goats and competition with the non-native plant Psidium 
cattleianum (59 FR 56333; HINHP Database 2000).
Alectryon macrococcus var. macrococcus (mahoe)
    Alectryon macrococcus, a 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, 
persistent in A. macrococcus var. auwahiensis, but only on leaves of 
young A. macrococcus var. macrococcus plants. 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 2.3 cm 
(0.9 in.) or more in diameter (Wagner et al. 1999).
    Alectryon macrococcus is a relatively slow-growing, long-lived tree 
that grows in xeric to mesic sites and is adapted to periodic drought. 
Little else is known about the life history of Alectryon macrococcus. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, and specific environmental requirements are unknown (Service 
1997).
    Alectryon macrococcus var. macrococcus historically and currently 
occurs on Kauai, Oahu, Molokai and Maui. On Kauai, Alectryon 
macrococcus var. macrococcus occurs on State-owned land in the Alakai 
Wilderness

[[Page 3965]]

Preserve, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and 
Puu Ka Pele Forest Reserve on Kauai. A total of six populations of 204 
individuals is known from Kalalau Valley, Kipalau Valley, Haeleele 
Valley, Waimea Canyon, Hipalau Valley, and Kawaiiki Falls (K. Wood, in 
litt. 1999; GDSI 2000). This variety is also found on Oahu, Molokai, 
and West Maui (57 FR 20772). Alectryon macrococcus var. auwahiensis is 
found only on leeward east Maui and will be reviewed further in a 
subsequent rule (Medeiros et al. 1986; HINHP Database 2000).
    The habitat of Alectryon macrococcus var. macrococcus on Kauai is 
Diospyros spp.-Metrosideros polymorpha lowland mesic forest, 
Metrosideros polymorpha mixed mesic forest, or Diospyros spp. mixed 
mesic forest on dry slopes or in gulches, at elevations between 341 and 
954 m (1,120 and 3,129 ft). Associated native plant species include 
Acacia koa, Alyxia oliviformis, Antidesma spp., Bobea timonioides, 
Caesalpinia kauaiense (uhiuhi), Canavalia spp. (awikiwiki), Carex 
meyenii, Carex wahuensis, Doodia kunthiana, Hibiscus waimeae, Kokia 
kauaiensis, Melicope knudsenii, Microlepia strigosa, Munroidendron 
racemosum, Myrsine lanaiensis, Nesoluma polynesicum, Nestegis 
sandwicensis, Pisonia spp., Pleomele spp., Pouteria sandwicensis, 
Psychotria spp., Psydrax odoratum, Pteralyxia spp., Rauvolfia 
sandwicensis, Streblus pendulinus, Tetraplasandra spp., Xylosma spp., 
or Zanthoxylum spp. (57 FR 20772; HINHP Database 2000; K. Wood, pers. 
comm., 2001).
    Alectryon macrococcus var. macrococcus on Kauai is threatened by 
feral goats and pigs; the non-native plant species Melinis minutiflora, 
Schinus terebinthifolius (Christmasberry), or Psidium cattleianum; 
damage from the black twig borer; seed predation by rats and mice (Mus 
musculus); fire; depressed reproductive vigor; seed predation by 
insects (probably the endemic micro-lepidopteran Prays cf. 
fulvocanella); loss of pollinators; and, due to the very small 
remaining number of individuals and their limited distribution, natural 
or human-caused environmental disturbances which could easily be 
catastrophic (57 FR 20772).
Bonamia menziesii (NCN)
    Bonamia menziesii, a member of the morning-glory family 
(Convolvulaceae), is a vine with twining branches that are fuzzy when 
young. This species is the only member of the genus that is endemic to 
the Hawaiian Islands and differs from other genera in the family by its 
two styles, longer stems and petioles, and rounder leaves (Austin 
1999).
    Little is known about the life history of Bonamia menziesii. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Bonamia menziesii was known from the following 
general areas: scattered locations on Kauai, the Waianae Mountains of 
Oahu, scattered locations on Molokai, one location on West Maui, and 
eastern Hawaii. Currently, it is known from Kauai, Oahu, Lanai, Maui, 
and Hawaii. On Kauai, there are eight total populations with 62 
individuals on State (Alakai Wilderness Preserve, Hono o Na Pali 
Natural Area Reserve, Lihue-Koloa Forest Reserve, Na Pali Coast State 
Park, and Na Pali-Kona Forest Reserve) and privately owned lands in 
Waiahuakua, Kalalau Valley, Awaawapuhi Valley, Paaiki Valley, Kipalau 
Valley, Hulua, Wahiawa Falls, and Laauhihaihai (Service 1999; K. Wood, 
in litt. 1999; HINHP Database 2000; GDSI 2000).
    Bonamia menziesii is found in dry, mesic, or wet Metrosideros 
polymorpha-Cheirodendron-Dicranopteris forest at elevations between 351 
and 1,415 m (1,151 and 4,644 ft). Associated native plant species 
include Antidesma platyphyllum, Alphitonia ponderosa, Acacia koa, 
Cyanea spp., Cyrtandra pickeringii, Cyrtandra limahuliensis, Dianella 
sandwicensis, Diospyros sandwicensis, Dodonaea viscosa, Dubautia 
knudsenii, Hedyotis terminalis, Isodendrion longifolium, Labordia 
hirta, Melicope anisata, Melicope barbigera, Myoporum sandwicense, 
Nestegis sandwicensis, Pisonia spp., Pittosporum spp., Pouteria 
sandwicensis, Psychotria mariniana, Psychotria hexandra, Psydrax 
odoratum, Sapindus oahuensis, Scaevola procera, or Syzygium 
sandwicensis (HINHP Database 2000; Service 1999; K. Wood, pers. comm., 
2001).
    The primary threats to this species on Kauai include habitat 
degradation and possible predation by feral pigs and goats, deer, and 
cattle; competition with a variety of non-native plants; and fire (59 
FR 56333).
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 C. erythraea (bitter herb), 
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. It is 
possible that heavy rainfall induces flowering. Populations are found 
in dry areas, and plants are more likely to be found following heavy 
rains. Little else is known about the life history of Centaurium 
sebaeoides. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999).
    Historically and currently, Centaurium sebaeoides is known from 
scattered localities on the islands of Kauai, Oahu, Molokai, Lanai, and 
Maui. Currently on Kauai, there are a total of three populations with 
approximately 52 individuals on State-owned land. This species is found 
at Puanaiea Point, the caves at Nakeikionaiwi, and Pohakuao within the 
Na Pali Coast State Park (HINHP Database 2000; GDSI 2000).
    Centaurium sebaeoides typically grows in volcanic or clay soils or 
on cliffs in arid coastal areas at elevations between 0 and 147 m (0 
and 483 ft). Associated native plant species include Artemisia spp. 
(hinahina), Bidens spp., Chamaesyce celastroides, Dodonaea viscosa, 
Fimbristylis cymosa (mauu akiaki), Heteropogon contortus, Jacquemontia 
ovalifolia (pauohiiaka), Lipochaeta succulenta, Lipochaeta heterophylla 
(nehe), Lipochaeta integrifolia (nehe), Lycium sandwicense, Lysimachia 
mauritiana (kolokolo kuahiwi), Mariscus phleoides, Panicum fauriei 
(NCN), P. torridum (kakonakona), Scaevola sericea, Sida fallax, or 
Wikstroemia uva-ursi (akia) (56 FR 55770; K. Wood, pers. comm., 2001).
    The major threats to this species on Kauai include habitat 
degradation by feral goats and cattle; competition from the non-native 
plant species Casuarina equisetfolia (ironwood), Casuarina glauca 
(saltmarsh), Leucaena leucocephala, Prosopis pallida (kiawe), Schinus 
terebinthifolius, Syzygium cumini (Java plum), and Tournefortia 
argentea (tree heliotrope); trampling by humans on or near trails; and 
fire (56 FR 55770; Medeiros et al. 1999; Service 1999).
Ctenitis squamigera (pauoa)
    Ctenitis squamigera is a short-lived perennial of the spleenwort 
family (Aspleniaceae). 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

[[Page 3966]]

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. The indusium 
(an outgrowth of a fern frond that invests the sori) is whitish before 
wrinkling, thin and suborbicular (less than completely, perfectly 
round), with a narrow sinus extending about half way, glabrous except 
for a circular margin which is ciliolate (fringed with minute hairs) 
with simple several-celled glandular and nonglandular hairs arising 
directly from the margin or from the deltoid base. Ctenitis squamigera 
can be readily distinguished from other Hawaiian species of Ctenitis by 
the dense covering of tan-colored scales on its frond (Degener and 
Degener 1957; Wagner and Wagner 1992).
    Little is known about the life history of Ctenitis squamigera. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998c).
    Historically, Ctenitis squamigera was recorded from the islands of 
Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii. It is currently found on 
Oahu, Lanai, Molokai, and Maui. It was last seen on Kauai in 1896 
(HINHP Database 2000).
    This species is found on rock faces in gulches in the forest 
understory at elevations between 568 and 1,069 m (1,863 and 3,507 ft), 
in Metrosideros polymorpha-Diospyros spp. mesic forest and diverse 
mesic forest. Associated native plant species include Myrsine spp., 
Psychotria spp., and Xylosma spp. (Service 1998a; HINHP Database 2000; 
K. Wood, pers. comm., 2001).
    The primary threats to Ctenitis squamigera are habitat degradation 
by feral pigs and goats, competition with non-native plant species, 
especially Psidium cattleianum or Schinus terebinthifolius; fire; and 
extinction from naturally occurring events due to the small number of 
existing populations and individuals (Service 1998a).
Cyperus trachysanthos (puukaa)
    Cyperus trachysanthos, a member of the sedge family (Cyperaceae), 
is a perennial grass-like plant with a short rhizome. The culms are 
densely tufted, obtusely triangular in cross section, tall, sticky, and 
leafy at the base. This species is distinguished from others in the 
genus by the short rhizome, the leaf sheath with partitions at the 
nodes, the shape of the glumes, and the length of the culms (Koyama 
1999).
    Little is known about the life history of Cyperus trachysanthos. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Cyperus trachysanthos was known on Niihau, Kauai, 
scattered locations on Oahu, Molokai, and Lanai. It was last observed 
on Molokai in 1912 and on Lanai in 1919. Currently, this species is 
reported from the Nualolo Valley on Kauai on State-owned land and west 
of Mokouia Valley on the privately owned island of Niihau. There is one 
known population with about 300 individuals on the island of Kauai and 
an unknown number of individuals on Niihau (HINHP Database 2000; GDSI 
2000).
    Cyperus trachysanthos is usually found in wet sites (mud flats, wet 
clay soil, or wet cliff seeps) on seepy flats or talus slopes at 
elevations between 0 and 234 m (0 and 767 ft). Hibiscus tiliaceus (hau) 
is often found in association with this species (61 FR 53108; Koyama 
1999; K. Wood, pers. comm., 2001).
    On Kauai, the threats to this species are the loss of wetlands and 
a risk of extinction from naturally occurring events, such as 
landslides or hurricanes, due to the small number of populations. The 
threats on Niihau are unknown (61 FR 53108; Service 1999).
Delissea undulata (NCN)
    Delissea undulata, a member of the bell flower family 
(Campanulaceae), is an unbranched, palm-like, woody-stemmed perennial 
tree, with a dense cluster of leaves at the tip of the stem. One or two 
knob-like structures often occur on the back of the flower tube. The 
three recognized subspecies are distinguishable on the basis of leaf 
shape and margin characters: D. undulata ssp. kauaiensis, leaf blades 
are oval and have a flat-margin with sharp teeth; D. undulata ssp. 
niihauensis, leaf blades are heart shaped and have a flat-margin with 
shallow, rounded teeth; and D. undulata ssp. undulata, leaf blades are 
elliptic to lance-shaped and wavy-margin with small, sharply pointed 
teeth. This species is separated from the other closely related members 
of the genus by its large flowers and berries and broad leaf bases 
(Lammers 1990).
    On the island of Hawaii, Delissea undulata ssp. undulata was 
observed in flower and fruit (immature) in August and outplanted 
individuals were observed in flower in July. Little else is known about 
the life history of Delissea undulata. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1996; 61 FR 53124).
    Historically and currently, Delissea undulata ssp. kauaiensis is 
known only from Kauai. Currently, there is one known population of 
three individuals on State-owned land in Kuia Valley within the Kuia 
Natural Area Reserve. Delissea undulata ssp. niihauensis was known only 
from Niihau, but has not been seen since 1865. Delissea undulata ssp. 
undulata was known from southwestern Maui and western Hawaii. 
Currently, this variety occurs only on the island of Hawaii (K. Wood, 
in litt. 1999; Lammers 1999; GDSI 2000; 61 FR 53124; HINHP Database 
2000).
    Delissea undulata ssp. kauaiensis occurs in dry or open Acacia koa-
Metrosideros polymorpha mesic forests or Alphitonia ponderosa montane 
forest at elevations between 139 and 1,006 m (456 and 3,299 ft). 
Associated native species include Diospyros sandwicensis, Dodonaea 
viscosa, Doodia kunthiana, Eragrostis variabilis, Euphorbia 
haeleeleana, Kokia kauaiensis, Microlepia strigosa, Panicum spp., 
Pleomele aurea, Psychotria mariniana, P. greenwelliae, Santalum 
ellipticum (K. Wood, pers. comm., 2001).
    The threats to this subspecies on Kauai are feral goats, pigs, and 
cattle; small population size; competition with the non-native plants 
Passiflora mollissima and Delairea odorata (cape ivy); fire; introduced 
slugs; seed predation by rats and introduced game birds; and a risk of 
extinction due to random naturally occurring events, such as landslides 
or hurricanes (Service 1996).
Diellia erecta (asplenium-leaved diellia)
    Diellia erecta, a short-lived perennial fern in the spleenwort 
family (Aspleniaceae), grows in tufts of three to nine lance-shaped 
fronds emerging from a rhizome covered with brown to dark gray scales. 
This species differs from other members of the genus in having large 
brown or dark gray scales, 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; Wagner 1952).
    Little is known about the life history of Diellia erecta. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).

[[Page 3967]]

    Historically, Diellia erecta was known on Kauai, Oahu, Molokai, 
Lanai, scattered locations on Maui, and various locations on the Island 
of Hawaii. Currently, it is only known from Moloka`i, Maui, and Hawaii 
and recently rediscovered on Kauai. On Kauai there is one known 
population with 30 individuals in Kawaiiki Valley on State-owned land 
within the Na Pali-Kona Forest Reserve (Service 1999; HINHP Database 
2000).
    This species is found in brown granular soil with leaf litter and 
occasional terrestrial moss on north facing slopes in deep shade on 
steep slopes or gulch bottoms in Metrosideros polymorpha-Dicranopteris 
linearis wet forest or Metrosideros polymorpha mixed mesic with Acacia 
koa and Acacia koaia as codominants, at elevations between 655 and 
1,224 m (2,149 and 4,016 ft). Associated native plant species include 
Asplenium aethiopicum (NCN), Asplenium contiguum (NCN), Asplenium 
macraei (NCN), Coprosma spp., Dodonaea viscosa, Dryopteris fusco-atra 
(NCN), Dryopteris unidentata, Hedyotis terminalis, Melicope spp., 
Microlepia strigosa, Myrsine spp., Nestegis sandwicensis, Psychotria 
spp., Styphelia tameiameiae, Syzygium sandwicensis, or Wikstroemia spp. 
(Service 1999; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Diellia erecta on Kauai are habitat 
degradation by pigs and goats; competition with non-native plant 
species, including Blechnum occidentale, Grevillea robusta (silk oak), 
Lantana camara, Mariscus meyenianus (NCN), Myrica faya, Passiflora 
mollissima, Rubus argutus, or Setaria palmifolia (palm grass); and 
random naturally occurring events that could cause extinction and/or 
reduced reproductive vigor due to the small number of existing 
individuals (59 FR 56333; Service 1996).
Diplazium molokaiense (NCN)
    Diplazium molokaiense, a short-lived perennial member of the 
woodfern family (Dryopteridaceae), has a short prostrate rhizome and 
green or straw-colored leaf stalks with thin-textured fronds. This 
species can be distinguished from other species of Diplazium in the 
Hawaiian Islands by a combination of characteristics, including 
venation pattern, the length and arrangement of the sori, frond shape, 
and the degree of dissection of the frond (Wagner and Wagner 1992).
    Little is known about the life history of Diplazium molokaiense. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998c).
    Historically, Diplazium molokaiense was found on Kauai, Oahu, 
Molokai, Lanai, and Maui. Currently, this species is only known from 
Maui. It was last seen on Kauai in 1909 (HINHP Database 2000).
    This species occurs in brown soil with basalt outcrops near water 
falls in lowland or montane mesic Metrosideros polymorpha-Acacia koa 
forest at elevations between 476 and 1,284 m (1,562 and 4,212 ft) 
(Service 1998a; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The primary threats on Kauai are habitat degradation by feral 
goats, and pigs and competition with non-native plant species (59 FR 
49025; Service 1998a; HINHP Database 2000).
Euphorbia haeleeleana (akoko)
    Euphorbia haeleeleana, a member of the spurge family 
(Euphorbiaceae), is a dioecious tree with alternate papery leaves. This 
short-lived perennial species is distinguished from others in the genus 
in that it is a tree, whereas most of the other species are herbs or 
shrubs, as well as by the large leaves with prominent veins (Wagner et 
al. 1999).
    Individual trees of Euphorbia haeleeleana bear only male or female 
flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Euphorbia haeleeleana sets fruit between August and 
October. Little else is known about the life history of this species. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Wagner et al. 1999; Service 1999).
    Euphorbia haeleeleana is known historically and currently from 
northwestern Kauai and the Waianae Mountains of Oahu. On Kauai, there 
is a total of seven populations with 597 individuals occurring on 
State-owned land. It is found at Pohakuao, Kalalau Valley, Hipalau 
Valley, Koaie Canyon, Mahanaloa Valley, Kuia Valley, Poopooiki Valley, 
Nualolo Trail, Makaha Valley, and Haeleele Valley within the Kuia 
Natural Area Reserve, Na Pali Coast State Park, Na Pali-Kona Forest 
Reserve, and Puu Ka Pele Forest Reserve (61 FR 53108; Service 1999; K. 
Wood, in litt. 1999; HINHP Database 2000).
    Euphorbia haeleeleana is usually found in lowland mixed mesic or 
dry Diospyros forest that is often co-dominated by Metrosideros 
polymorpha and Alphitonia ponderosa. This plant is typically found at 
elevations between 284 and 1,178 m (931 and 3,866 ft). Associated 
native plant species include Acacia koaia (koaia), Antidesma 
platyphyllum, Claoxylon sandwicense, Carex meyenii, Carex wahuensis, 
Diplazium sandwichianum, Dodonaea viscosa, Erythrina sandwicensis, 
Kokia kauaiensis, Pleomele aurea, Psychotria mariniana, P. 
greenwelliae, Pteralyxia sandwicensis, Rauvolfia sandwicensis, 
Reynoldsia sandwicensis (ohe), Sapindus oahuensis, Tetraplasandra 
kauaiensis, Pouteria sandwicensis, Pisonia sandwicensis, or Xylosma 
spp. (61 FR 53108; K. Wood, pers. comm., 2001).
    Threats to this species on Kauai include habitat degradation and 
destruction by deer, feral goats, and pigs; seed predation by rats; 
fire; and competition with non-native plants (61 FR 53108; Service 
1999).
Flueggea neowawraea (mehamehame)
    Flueggea neowawraea, a member of the spurge family (Euphorbiaceae), 
is a large dioecious tree with white oblong pores covering its scaly, 
pale brown bark. This long-lived perennial species is the only member 
of the genus found in Hawaii and can be distinguished from other 
species in the genus by its large size, scaly bark, the shape, size, 
and color of the leaves, flowers clustered along the branches, and the 
size and shape of the fruits (Neal 1965; Linney 1982; Hayden 1999; 
Service 1999).
    Individual trees of Flueggea neowawraea bear only male or female 
flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Little else is known about the life history of this 
species. Reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are unknown (Hayden 1999).
    Historically, Flueggea neowawraea was known from Kauai, Oahu, Maui, 
Molokai, and the island of Hawaii. Currently, it is known from Kauai, 
Oahu, east Maui, and Hawaii. On Kauai, this species is reported from 
Limahuli Valley, Pohakuao, the left branch of Kalalau Valley, Kuia and 
Paaiki Valleys, Kipalau Valley, Koaie Falls, Kawaiiki Valley, and 
Waimea Canyon. There are eight populations with 85 known individuals 
occurring on State (Alakai Wilderness Preserve, Na Pali Coast State 
Park, and Na Pali-Kona Forest Reserve) and privately owned lands. 
However, it has been estimated that the total number of individuals may 
be slightly over 100 (Hayden 1999; Service 1999; K. Wood, in litt. 
1999; HINHP Database 2000; GDSI 2000).
    Flueggea neowawraea occurs in dry or mesic forests at elevations 
between 210

[[Page 3968]]

and 1,178 m (689 and 3,865 ft). Associated native plant species include 
Alectryon macrococcus, Antidesma pulvinatum (hame), A. platyphyllum, 
Bidens sandvicensis, Bobea timonioides, Caesalpinia kavaiensis, 
Charpentiera spp., Diospyros spp., Diplazium sandwichianum, Freycinetia 
arborea, Hibiscus spp., Isodendrion laurifolium, Kokia kauaiensis, 
Melicope spp., Metrosideros polymorpha, Munroidendron racemosum, 
Myrsine lanaiensis, Nesoluma polynesicum, Nestegis sandwicensis, 
Tetraplasandra spp., Pittosporum spp., Pouteria sandwicensis, 
Pritchardia minor, Psychotria spp., Psydrax odoratum, Pteralyxia 
kauaiensis, Rauvolfia sandwicensis, Streblus pendulinus, Tetraplasandra 
spp., Xylosma hawaiiense, or Xylosma crenatum (59 FR 56333; HINHP 
Database 2000; Service 1999; K. Wood, pers. comm., 2001).
    The threats to this species on Kauai include the black twig borer; 
habitat degradation by feral pigs, goats, deer, and cattle; competition 
with non-native plant species; fire; small population size; depressed 
reproductive vigor; and a potential threat of predation on the fruit by 
rats (59 FR 56333; HINHP Database 2000; Service 1999).
Gouania meyenii (NCN)
    Gouania meyenii, a member of the buckthorn family (Rhamnaceae), is 
a shrub with entire, papery leaves. This short-lived perennial species 
is distinguished from the two other Hawaiian species of Gouania by its 
lack of tendrils on the flowering branches, the absence of teeth on the 
leaves, and the lack or small amount of hair on the fruit (Wagner et 
al. 1999).
    Gouania meyenii flowers from March to May. Seed capsules develop in 
about 6 to 8 weeks. Plants appear to live about 10 to 18 years in the 
wild. Little else is known about the life history of Gouania meyenii. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998b).
    Historically, Gouania meyenii was known only from Oahu. It was 
discovered on Kauai in 1993 (Lorence et al.) and published in the 
supplement to the Manual of Flowering Plants of Hawaii (Wagner et al. 
1999). Currently, this species is found on Oahu and on Kauai on State-
owned land within the Na Pali Coast State Park and the Na Pali-Kona 
Forest Reserve. There is a total of three populations on Kauai with 
nine individuals found in the Kalalau and Hipalau Valleys (56 FR 55770; 
Wagner et al. 1999; GDSI 2000; HINHP Database 2000).
    This species typically grows on rocky ledges, cliff faces, and 
ridge-tops in dry shrubland or Metrosideros polymorpha lowland diverse 
mesic forest at elevations between 375 and 1,179 m (1,231 and 3,867 
ft). Associated native plant species include Bidens spp., Carex 
meyenii, Chamaesyce spp., Dodonaea viscosa, Diospyros spp., Eragrostis 
variabilis, Euphorbia haeleeleana, Hedyotis spp., Hibiscadelphus spp., 
Lysimachia spp., Melicope pallida, Neraudia kauaiensis, Nestegis 
sandwicensis, Nototrichium divaricatum, Panicum lineale, Poa mannii, 
Psychotria spp., Senna gaudichaudii (kolomona), or Wilkesia 
gymnoxiphium (56 FR 55770; HINHP Database 2000; K. Wood, pers. comm., 
2001).
    Threats to Gouania meyenii on Kauai include competition from the 
non-native plants Schinus terebinthifolius, Melinis minutiflora, or 
Psidium cattleianum; fire; habitat degradation by feral pigs and goats; 
and the small number of extant populations and individuals (56 FR 
55770; Service 1998b).
Hedyotis cookiana (awiwi)
    Hedyotis cookiana, a member of the coffee family (Rubiaceae), is a 
small shrub with many branches and papery-textured leaves which are 
fused at the base to form a sheath around the stem. This short-lived 
perennial species is distinguished from other species in the genus that 
grow on Kauai by being entirely hairless (Wagner et al. 1999).
    Little is known about the life history of Hedyotis cookiana. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Hedyotis cookiana was known from the islands of 
Hawaii, Kauai, Molokai, and Oahu. Currently, it is only known from one 
population of 80 individuals on State-owned land within Hono O Na Pali 
Natural Area Reserve in Waiahuakua Valley on Kauai (GDSI 2000; HINHP 
Database 2000).
    This species generally grows in streambeds or on steep cliffs close 
to water sources in relict Metrosideros polymorpha low mesic and low 
wet forest communities at elevations between 119 and 553 m (392 and 
1,814 ft). Associated native plant species include Boehmeria grandis, 
Chamaesyce celastroides var. hanapepensis, Hibiscus kokio ssp. 
saintjohnianus, Machaerina angustifolia, Nototrichium sandwicense, 
Pleomele aurea, Pipturus kauaiensis (mamaki), Pouteria sandwicensis, 
Psydrax odoratum, or Rauvolfia sandwicensis. Hedyotis cookiana is 
believed to have formerly been much more widespread on several of the 
main Hawaiian Islands (Wagner et al. 1999; K. Wood, pers. comm., 2001).
    The threats to this species on Kauai are risk of extinction from 
naturally occurring events, such as landslides or hurricanes, and/or 
reduced reproductive vigor due to the small number of individuals in 
the only known population; flooding; competition with non-native 
plants; and habitat modification by feral pigs and goats (59 FR 9304; 
Service 1995; HINHP Database 2000).
Hibiscus brackenridgei (mao hau hele)
    Hibiscus brackenridgei, a short-lived perennial and a member of the 
mallow family (Malvaceae). The species is a sprawling to erect shrub or 
small tree. This species differs from other members of the genus in 
having the following combination of characteristics: yellow petals, a 
calyx consisting of triangular lobes with raised veins and a single 
midrib, bracts attached below the calyx, and thin stipules that fall 
off, leaving an elliptic scar. Two subspecies are currently recognized, 
Hibiscus brackenridgei ssp. brackenridgei and H. brackenridgei ssp. 
mokuleianus (Bates 1990).
    Hibiscus brackenridgei is known to flower continuously from early 
February through late May, and intermittently at other times of year. 
Intermittent flowering may possibly be tied to day length. Little else 
is known about the life history of this plant. Pollination biology, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Hibiscus brackenridgei was known from the islands of 
Kauai, Oahu, Lanai, Maui, Molokai, and the island of Hawaii. Hibiscus 
brackenridgei was collected from an undocumented site on Kahoolawe, 
though the subspecies has never been determined. Currently, Hibiscus 
brackenridgei ssp. mokuleianus is only known from Oahu. Hibiscus 
brackenridgei ssp. brackenridgei is currently known from Lanai, Maui, 
and the island of Hawaii (Bates 1990; Service 1999; HINHP Database 
2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Hibiscus brackenridgei on the island of Kauai.
    Nothing is known of the threats to Hibiscus brackenridgei on the 
island of Kauai.

[[Page 3969]]

Ischaemum byrone (Hilo ischaemum)
    Ischaemum byrone, a short-lived perennial member of the grass 
family (Poaceae), is a 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 (two-or three-tiered) inflorescence (O'Connor 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is generally unknown (Service 1996).
    Historically, Ischaemum byrone was reported from Oahu, Molokai, 
East Maui, Kauai and the island of Hawaii. Currently, this species is 
found on Molokai, Hawaii, Maui, and recently rediscovered on the north 
shore of Kauai. On Kauai, there are two populations with at least two 
individuals at Kaweonui Point and Kauapea Beach on privately owned land 
(59 FR 10305; HINHP Database 2000).
    The habitat of Ischaemum byrone is coastal shrubland, occurring 
near the ocean among rocks and seepy cliffs at elevations between 0 and 
297 m (0 and 975 ft). Associated native plant species include Bidens 
spp., Chamaesyce celastroides, Fimbristylis cymosa, Lipochaeta 
succulenta, Lysimachia mauritiana, or Scaevola sericea (HINHP Database 
2000; K. Wood, pers. comm., 2001).
    Threats to Ischaemum byrone include the invasion of non-native 
plants, fire, grazing and browsing by goats and pigs. Disturbance 
incurred from these ungulates further promotes the introduction and 
establishment of non-native weeds. Some populations are also threatened 
from residential development (59 FR 10305; Service 1996; HINHP Database 
2000).
Isodendrion laurifolium (aupaka)
    Isodendrion laurifolium, a member of the violet family (Violaceae), 
is a slender, straight shrub with few branches. The short-lived 
perennial species is distinguished from others in the genus by its 
leathery, oblong-elliptic or narrowly elliptic lance-shaped leaves 
(Wagner et al. 1999).
    Little is known about the life history of Isodendrion laurifolium. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Isodendrion laurifolium is known from scattered 
locations on Kauai and Oahu. Currently, on Kauai, this species is found 
on State-owned land within the Alakai Wilderness Preserve, Kuia Natural 
Area Reserve, Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest 
Reserve in the following locations: Paaiki, Poopooiki, Kawaiula Valley, 
Mehanaloa Valley, Makaha Valley, Haeleele Valley, Kipalau Valley, 
Kawaiiki Valley and Kaluahaulu Ridge. There are a total of five 
populations with 151 individuals (HINHP Database 2000; GDSI 2000; 
Service 1999).
    Isodendrion laurifolium is usually found at elevations between 376 
and 1,163 m (1,233 and 3,817 ft) in diverse mesic forest, dominated by 
Metrosideros polymorpha, Acacia koa or Diospyros spp. Associated native 
species include Alphitonia ponderosa, Antidesma spp., Claoxylon 
sandwicense, Dodonaea viscosa, Dubautia spp., Elaeocarpus bifidus, 
Euphorbia haeleeleana, Hedyotis terminalis, Kokia kauaiensis, Melicope 
anisata, Melicope barbigera, Melicope ovata, Melicope peduncularis, 
Myrsine lanaiensis, Nestegis sandwicensis, Pisonia spp., Pittosporum 
glabrum (hoawa), Pleomele aurea, Pouteria sandwicensis, Psydrax 
odoratum, Streblus pendulinus, or Xylosma hawaiiense (HINHP Database 
2000; K. Wood, pers. comm., 2001).
    The primary threats to Isodendrion laurifolium on Kauai are habitat 
degradation by feral goats, pigs and deer and competition with non-
native plants (61 FR 53108; HINHP Database 2000; Service 1999).
Isodendrion longifolium (aupaka)
    Isodendrion longifolium, a member of the violet family (Violaceae), 
is a slender, straight shrub. Hairless, leathery, lance-shaped leaves 
distinguish this species from others in the genus (Wagner et al. 1999).
    Little is known about the life history of Isodendrion longifolium. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically and currently, Isodendrion longifolium is known from 
scattered locations on Kauai and Oahu. On Kauai, this species is 
reported from Limahuli Valley, Manoa Stream, Hanakapiai, Pohakea, 
Waioli Valley, the left branch of Kalalau Valley, Honopu Valley, 
Kawaiula Valley, Wahiawa, and Haupu. There is a total of nine 
populations containing approximately 521 individual plants on State 
(Halelea Forest Reserve, Hono o Na Pali Natural Area Reserve, Kokee 
State Park, Na Pali Coast State Park, and Na Pali-Kona Forest Reserve) 
and privately owned lands (Lorence and Flynn 1991, 1993; 61 FR 53108; 
Service 1999; HINHP Database 2000; GDSI 2000).
    Isodendrion longifolium is found on steep slopes and some flats in 
certain undisturbed areas, gulches, or stream banks in mesic or wet 
Metrosideros polymorpha-Acacia koa forests, usually at elevations 
between 38 and 1,541 m (125 and 5,057 ft). Associated native plant 
species include Antidesma spp., Bidens spp., Bobea brevipes, 
Cheirodendron spp., Cibotium spp., Cyanea hardyi, Cyrtandra spp., 
Dicranopteris linearis, Diospyros spp., Eugenia spp., Hedyotis spp., 
Ilex anomala, Melicope spp., Nestegis sandwicensis, Peperomia spp., 
Perrottetia sandwicensis, Pipturus spp., Pittosporum spp., Pritchardia 
spp., Psychotria spp., Psydrax odoratum, or Syzygium spp. (61 FR 53108; 
Service 1999; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Isodendrion longifolium on Kauai are habitat 
degradation or destruction by feral goats and pigs, and competition 
with various non-native plants (Lorence and Flynn 1993; 61 FR 53108; 
Service 1999; HINHP Database 2000).
Isodendrion pyrifolium (wahine noho kula)
    Isodendrion pyrifolium, a short-live perennial of the violet family 
(Violaceae), is a small, branched shrub with elliptic to lance-shaped 
leaf blades. The papery-textured blade is moderately hairy beneath (at 
least on the veins) and stalked. The petiole is subtended by oval, 
hairy stipules. Fragrant, bilaterally symmetrical flowers are solitary. 
The pedicel (flower stalk) is white-hairy, and subtended by two bracts. 
Bracts arise at the tip of the peduncle. The five sepals are lance-
shaped, membranous-edged and fringed with white hairs. Five green-
yellow petals are somewhat unequal, and lobed, the upper being the 
shortest and the lower the longest. The fruit is a three-lobed, oval 
capsule, which splits to release olive-colored seeds. Isodendrion 
pyrifolium is distinguished from other species in the genus by its 
smaller, green-yellow flowers, and hairy stipules and leaf veins 
(Wagner et al. 1999).
    During periods of drought, this species will drop all but the 
newest leaves. After sufficient rains, the plants produce flowers with 
seeds ripening one to two months later. No other life history 
information is currently known for this species (Service 1996).
    Isodendrion pyrifolium is known historically from six of the 
Hawaiian Islands. Locations of the populations on Niihau, Molokai, and 
Lanai were

[[Page 3970]]

unspecified. Specific populations were found in Oahu's central Waianae 
Mountains, Maui's southwestern Mountains, and on the western slope of 
Hualalai mountain on the island of Hawaii. It is currently found only 
on the island of Hawaii. It was last seen on Niihau in the 1850s (59 FR 
10305; Service 1996; GDSI 2000; HINHP Database 2000; Marie Bruegmann, 
pers. comm., 2000).
    Information on the physical and biological features that are 
essential to the conservation of Isodendrion pyrifolium on the island 
of Niihau is not known.
    Information on the threats of Isodendrion pyrifolium on the island 
of Niihau is not known.
Lobelia niihauensis (NCN)
    Lobelia niihauensis, a member of the bellflower family 
(Campanulaceae), is a small, branched shrub. This short-lived perennial 
species is distinguished from others in the genus by lacking or nearly 
lacking leaf stalks, the magenta-colored flowers, the width of the 
leaf, and length of the flowers (Lammers 1999).
    Lobelia niihauensis flowers in late summer and early fall. Fruits 
mature a month to six weeks later. Plants are known to live as long as 
20 years. Little else is known about the life history of Lobelia 
niihauensis. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1998b).
    Historically, Lobelia niihauensis was known from Oahu, Niihau, and 
Kauai. It is now known to be extant only on Kauai and Oahu. On Kauai, 
11 populations containing 1,106 individuals can be found on State (Hono 
o Na Pali Natural Area Reserve, Na Pali Coast State Park, Na Pali-Kona 
Forest Reserve, and Puu Ka Pele Forest Reserve) and privately owned 
lands in Limahuli Valley, Hoolulu Valley, Hanakoa Valley, Pohakuao, the 
left and right branches of Kalalau Valley, Koaie Canyon, Kipalau 
Valley, Polihale Spring Kaaweiki Valley, and Keopaweo (Service 1998b; 
HINHP Database 2000; GDSI 2000).
    Lobelia niihauensis typically grows on exposed, mesic mixed 
shrubland or coastal dry cliffs at elevations between 11 and 887 m (37 
and 2,911 ft). Associated native plant species include Artemisia 
australis, Bidens sandvicensis, Chamaesyce celastroides, Charpentiera 
spp., Eragrostis variabilis, Hibiscus kokio ssp. saint-johnianus, 
Lipochaeta connata var. acris, Lythrum spp. (pukamole), Nototrichium 
spp., Plectranthus parviflorus, Schiedea apokremnos, or Wilkesia hobdyi 
(Service 1998b; Lammers 1999; HINHP Database 2000; K. Wood, pers. 
comm., 2001).
    On Kauai, the major threats to this species are habitat degradation 
and browsing by feral goats and competition from non-native plants (56 
FR 55770).
Lysimachia filifolia (NCN)
    Lysimachia filifolia, a member of the primrose family 
(Primulaceae), is a small shrub. This short-lived perennial species is 
distinguished from other species of the genus by its leaf shape and 
width, calyx lobe shape, and corolla length (Wagner et al. 1999).
    Little is known about the life history of Lysimachia filifolia. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Lysimachia filifolia was known only from the upper 
portion of Olokele Valley on Kauai. This species is now also known from 
Oahu, and the ``Blue Hole'' area of Waialeale, Kauai. There is 
currently one population containing a total of 75 individuals on State-
owned land on Kauai within the Lihue-Koloa Forest Reserve (Service 
1995; HINHP Database 2000; GDSI 2000).
    This species typically grows on mossy banks at the base of cliff 
faces within the spray zone of waterfalls or along streams in lowland 
wet forests at elevations between 177 and 1,088 m (581 and 3,568 ft). 
Associated native plant species include mosses, mosses, ferns, 
liverworts, Antidesma platyphyllum, Bidens valida (kookoolau), Bobea 
elatior (ahakea lau nui), Cyanea asarifolia, Chamaesyce remyi var 
kauaiensis (akoko), Dubautia plantaginea ssp. magnifolia (naenae), 
Eragrostis variabilis, Metrosideros polymorpha, Machaerina 
angustifolia, Melicope spp., or Panicum lineale (59 FR 9304; Service 
1995; Wagner et al. 1999; HINHP Database 2000; K. Wood, pers. comm., 
2001).
    The major threats to Lysimachia filifolia on Kauai include 
competition with non-native plant species; feral pigs; and the risk of 
extinction on Kauai from naturally occurring events (e.g., landslides 
and hurricanes), due to the small number of individuals in the only 
known population (59 FR 9304; HINHP Database 2000).
Mariscus pennatiformis (NCN)
    Mariscus pennatiformis, a short-lived member of the sedge family 
(Cyperaceae), is a perennial plant with a woody root system covered 
with brown scales. Mariscus pennatiformis is a subdivided into two 
subspecies, ssp. bryanii and ssp. pennatiformis, which are 
distinguished by the length and width of the spikelets; color, length, 
and width of the glume; and by the shape and length of the achenes. 
This species differs from other members of the genus by its three-
sided, slightly concave, smooth stems; the length and number of 
spikelets; the leaf width; and the length and diameter of stems (Koyama 
1990).
    Mariscus pennatiformis is known to flower from November to December 
after heavy rainfall. Additional information on the life history of 
this plant, reproductive cycles, longevity, specific environmental 
requirements, and limiting factors is generally unknown (Service 1999).
    Historically, Mariscus pennatiformis was known from Kauai, Oahu, 
East Maui, the Island of Hawaii, and from Laysan in the Northwestern 
Hawaiian Islands). Mariscus pennatiformis ssp. bryanii is only known 
from Laysan Island in the Northwestern Hawaiian Islands National 
Wildlife Refuge. Mariscus pennatiformis ssp. pennatiformis is currently 
found only on East Maui. It was last seen on Kauai in 1927 (K. Wood, in 
litt. 1999; HINHP Database 2000; GDSI 2000).
    Mariscus pennatiformis is found at elevations between 544 and 1,104 
m (1,785 and 3,621 ft) in open sites in Metrosideros polymorpha-Acacia 
koa mixed mesic forest. Associated native plant species include 
Antidesma platyphyllum var. hillebrandii, Alsinidendron viscosum, Carex 
alligata (NCN), Cyperus laevigatus (makaloa), Dianella sandwicensis, 
Diospyros hillebrandii, Diospyros sandwicensis, Dodonaea viscosa, 
Myrsine linearifolia, Nestegis sandwicensis, Panicum nephelophilum, Poa 
sandvicensis, Psydrax odoratum, Schiedea stellarioides, Styphelia 
tameiameiae, or endemic ferns (Koyama 1990; HINHP Database 2000; K. 
Wood, pers. comm., 2001).
    Threats to Mariscus pennatiformis on Kauai include grazing and 
habitat destruction caused by ungulates; competition from non-native 
plant species; and extinction from random naturally occurring events 
(59 FR 56333; Service 1999).
Melicope knudsenii (alani)
    Melicope knudsenii, a member of the rue family (Rutaceae), is a 
tree with smooth gray bark and yellowish brown to olive-brown hairs on 
the tips of the branches. The long-lived perennial species is 
distinguished from M. haupuensis and other members of the genus by the 
distinct carpels present in

[[Page 3971]]

the fruit, a hairless endocarp, a larger number of flowers per cluster, 
and the distribution of hairs on the underside of the leaves (Stone et 
al. 1999).
    Little is known about the life history of Melicope knudsenii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Melicope knudsenii is known from Maui 
and Kauai. On Kauai, this species is known from seven populations on 
State-owned land, with a total of 10 individuals, in Poopooiki Valley, 
Kuia Valley, Mahanaloa Valley, Makaha Ridge, Koaie Canyon, Koaie Falls, 
and Kawaiiki Valley within the Kuia Natural Area Reserve and Na Pali-
Kona Forest Reserve (59 FR 9304; Service 1995; GDSI 2000; HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    Melicope knudsenii grows on forested flats with brown granular soil 
in lowland dry to montane mesic forests at elevations between 111 and 
1,141 m (364 and 3,745 ft) with Alectryon macrococcus, Antidesma 
platyphylla, Bobea brevipes, Carex meyenii, Cryptocarya mannii, 
Diospyros sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, 
Euphorbia haeleeleana, Gahnia beecheyi (NCN), Hedyotis spp., Hibiscus 
waimeae, Isodendrion laurifolium, Metrosideros polymorpha, Melicope 
spp., Myrsine lanaiensis, Nestegis sandwicensis, Panicum nephelophilum, 
Peucedanum sandwicense, Pisonia sandwicensis, Pittosporum kauaiensis, 
Pleomele aurea, Pouteria sandwicensis, Pritchardia minor, Psychotria 
hobdyi, Psydrax odoratum, Rauvolfia sandwicensis, Remya kauaiensis, 
Scaevola procera, Styphelia tameiameiae, or Xylosma hawaiiense (Service 
1995; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Melicope knudsenii on Kauai include 
competition with the non-native plant Lantana camara; habitat 
degradation by feral goats and pigs; fire; black twig borer; and the 
risk of extinction on Kauai from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
small number of existing individuals and populations (59 FR 9304; 
Service 1995).
Melicope pallida (alani)
    Melicope pallida, a member of the rue family (Rutaceae), is a tree 
with grayish white hairs and black, resinous new growth. The long-lived 
perennial species differs from M. haupuensis, M. knudsenii, and other 
members of the genus by presence of resinous new growth, leaves folded 
in clusters of three, and fruits with separate carpels (Stone et al. 
1999).
    Little is known about the life history of Melicope pallida. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Melicope pallida is known from Oahu and 
Kauai. On Kauai, the species is currently known in the following 
locations: Pohakuao, the left branch of Kalalau Valley, Honopu Trail, 
Awaawapuhi Valley, and Koaie Canyon. There is a total of five 
populations with 181 individuals on State-owned land within the Alakai 
Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve (K. Wood, in litt. 1999; D.W. Mathias, U.S. Navy (Navy), in 
litt. 1999; HINHP Database 2000; GDSI 2000).
    Melicope pallida usually grows on steep rock faces in lowland to 
montane mesic to wet forests or shrubland at elevations between 359 and 
1,081 m (1,179 and 3,546 ft). Associated native plant species include 
Abutilon sandwicense, Alyxia oliviformis, Artemisia australis, 
Boehmeria grandis, Carex meyenii, Chamaesyce celastroides var 
hanapepensis, Coprosma waimeae, Coprosma kauensis (koi), Dodonaea 
viscosa, Dryopteris spp., Hedyotis terminalis, Lepidium serra, Melicope 
spp., Metrosideros polymorpha, Nototrichium spp., Pipturus albidus 
(mamaki), Pleomele aurea, Poa mannii, Psychotria mariniana, Pritchardia 
minor, Sapindus oahuensis, Schiedea membranacea, Tetraplasandra 
waialealae, or Xylosma hawaiiense (HINHP Database 2000; K. Wood, pers. 
comm., 2001).
    The major threats to Melicope pallida are habitat destruction by 
feral goats and pigs; the black twig borer; fire; susceptibility to 
extinction from naturally occurring events, such as landslides or 
hurricanes, and/or reduced reproductive vigor due to the small number 
of existing populations; and competition with non-native plant species 
(59 FR 9304; Hara and Beardsley 1979; Medeiros et al. 1986; Service 
1995; HINHP Database 2000).
Peucedanum sandwicense (makou)
    Peucedanum sandwicense, a member of the parsley family (Apiaceae), 
is a parsley-scented, sprawling herb. Hollow stems arise from a short, 
vertical stem with several fleshy roots. This short-lived perennial 
species is the only member of the genus in the Hawaiian Islands, one of 
three genera of the family with species endemic to the island of Kauai. 
This species differs from the other Kauai members of the parsley family 
in having larger fruit and pinnately compound leaves with broad 
leaflets (Constance and Affolter 1999).
    Little is known about the life history of Peucedanum sandwicense. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Peucedanum sandwicense is known from 
Molokai, Maui, and Kauai. Discoveries in 1990 extended the known 
distribution of this species to the Waianae Mountains on the island of 
Oahu. Additionally, a population is known from State-owned Keopuka 
Rock, an islet off the coast of Maui. On Kauai, there are 14 
populations on State (Haena State Park, Hono o Na Pali Natural Area 
Reserve, Kuia Natural Area Reserve, Na Pali Coast State Park, and Na 
Pali-Kona Forest Reserve) and privately owned lands, containing 
approximately 340 individuals, in Maunahou Valley, Limahuli Valley, 
Hoolulu, Hanakoa, Pohakuao, Kanakou, the left branch of Kalalau Valley, 
Nualolo Valley, Kuia Valley, Mahanaloa Valley, Koaie Canyon, and Haupu 
(59 FR 9304; Service 1995; K. Wood, in litt. 1999; HINHP Database 2000; 
GDSI 2000).
    This species grows on cliff habitats in mixed shrub coastal dry 
cliff communities or diverse mesic forest between 0 and 1,232 m (0 and 
4,041 ft). Associated native plant species include Acacia koa, 
Artemisia australis, Brighamia insignis, Bidens spp., Carex meyenii, 
Chamaesyce celastroides, Diospyros spp., Dodonaea viscosa, Eragrostis 
variabilis, Hibiscus kokio, Lobelia niihauensis, Metrosideros 
polymorpha, Panicum lineale, Psydrax odoratum, Psychotria spp., or 
Wilkesia spp. (59 FR 9304; Constance and Affolter 1999; HINHP Database 
2000; K. Wood, pers. comm., 2001).
    The major threats to Peucedanum sandwicense on Kauai include 
competition with introduced plants; habitat degradation and browsing by 
feral goats and deer; and trampling and trail clearing (Hanakapiai 
population) (59 FR 9304; Service 1995; HINHP Database 2000).
Phlegmariurus mannii (wawaeiole)
    Phlegmariurus mannii, a member of the clubmoss family 
(Lycopodiaceae) and a short-lived perennial, is a pendant (hanging) 
epiphyte with clustered,

[[Page 3972]]

delicate red stems and forked reproductive spikes. These traits 
distinguish it from others in the genus in Hawaii (Holub 1991).
    Little is known about the life history of Phlegmariurus mannii. 
Reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1997).
    Historically, Phlegmariurus mannii was known from Kauai, West Maui, 
and Hawaii island. Currently, this species is extant on Maui and Hawaii 
island. It was last observed on Kauai in 1900 (HINHP Database 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Phlegmariurus mannii on the island of Kauai.
    Nothing is known of the threats to Phlegmariurus mannii on the 
island of Kauai.
Phlegmariurus nutans (waewaeiole)
    Phlegmariurus nutans is an erect of pendulous herbaceous epiphyte 
(plant not rooted in the ground) of the clubmoss family 
(Lycopodiaceae). Its stiff, light green branches, 25 to 40 cm (10 to 16 
in.) long and about 6 mm (0.2 in.) thick, are covered with stiff, flat, 
leathery leaves, 12 to 16 mm (0.5 to 0.6 in.) long and about 2.5 mm 
(0.1 in.) wide that overlap in acute angles. The leaves are arranged in 
six rows and arise directly from the branches. The branches end in 
thick, 7 to 13 cm (2.8 to 5.1 in.) long fruiting spikes that are 
unbranched or branch once or twice, and taper toward a downward-curving 
tip. Bracts on the fruiting spikes, between 3 to 6 mm (0.6 and 0.2 in.) 
long, are densely layered and conceal the spore capsules. This species 
can be distinguished from others of the genus in Hawaii by its 
epiphytic habit, simple or forking fruiting spikes, and larger and 
stiffer leaves (Wagner and Wagner 1987).
    Phlegmariurus nutans has been observed fertile, with spores, in May 
and December. Little else is known about the life history of 
Phlegmariurus nutans. Its flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (Service 1998b).
    Historically, Phlegmariurus nutans was known from the island of 
Kauai and from scattered locations in the Koolau Mountains of Oahu. It 
is currently only known from Oahu. It was last observed on Kauai in 
1900 (Service 1998b; HINHP Database 2000).
    Phlegmariurus nutans grows on tree trunks, usually on open ridges 
and slopes in Metrosideros polymorpha-Dicranopteris linearis wet 
forests and occasionally mesic forests at elevations between 601 and 
1,594 m (1,971 and 5,228 ft). The vegetation in those areas typically 
include Antidesma platyphyllum, Broussaisia arguta, Cibotium chamissoi 
(hapuu), Cheirodendron fauriei, Diploterygiun pinnatum, Hedyotis 
terminalis, Hibiscus kokio ssp. kokio, Melicope waialealae (alani wai), 
Scaevola gaudichaudii, Syzygium sandwicensis, Perrottetia sandwicensis, 
Psychotria hexandra, P. mariniana, or P. wawrae (K. Wood, pers. comm., 
2001).
    The primary threat to Phlegmariurus nutans is extinction due to 
naturally-occurring events and/or reduced reproductive vigor because of 
the small number of remaining individuals and limited distribution. 
Additional threats to Phlegmariurus nutans are feral pigs and the 
noxious non-native plants Clidemia hirta or Psidium cattleianum 
(Service 1998b).
Plantago princeps (laukahi kuahiwi)
    Plantago princeps, a member of the plantain family 
(Plantaginaceae), is a small shrub or robust perennial herb. This 
short-lived perennial 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 (Service 1999).
    Historically, Plantago princeps was found on the islands of Hawaii, 
Kauai, Maui, Molokai, and Oahu. It no longer occurs on the island of 
Hawaii. Two varieties of the species, totaling six populations, with 
471 individuals, are extant on the island of Kauai, on both State 
(Halelea Forest Reserve, Lihue-Koloa Forest Reserve, and Na Pali Coast 
State Park) and privately owned lands. Historically on Kauai, Plantago 
princeps var. anomala was reported from a ridge west of Hanapepe River. 
Currently, this variety is found in the left branch of Kalalau Valley 
and Puu Ki. Plantago princeps var. longibracteata was historically 
known from Hanalei, the Wahiawa Mountains, and Hanapepe Falls. 
Currently, populations are known from Waioli Valley, Alakai Swamp, the 
left branch of Wainiha Valley, and Blue Hole (59 FR 56333; Service 
1999; GDSI 2000; HINHP Database 2000).
    Plantago princeps var. longibracteata is found in windswept areas 
near waterfalls in Metrosideros polymorpha-Cheirodendron montane wet 
forest with riparian vegetation at elevations between 347 and 1,598 m 
(1,139 and 5,244 ft). Associated native plant species include Antidesma 
platyphyllum var. hillebrandii, Bidens forbesii, Bobea elatior, 
Boehmeria grandis, Cyrtandra spp., Diplazium sandwichianum, Freycinetia 
arborea, Gunnera spp., Hedyotis elatior, Huperzia spp. Hedyotis 
centranthoides, Isachne pallens (NCN), Machaerina angustifolia, 
Perrottetia sandwicensis, Pilea peploides (NCN), Pipturus spp., 
Sadleria cyatheoides (amau), or Tetraplasandra spp. (K. Wood, pers. 
comm., 2001).
    Plantago princeps var. anomala is found in Metrosideros polymorpha 
lowland to montane transitional wet forest on cliffs and ridges, 
growing on basalt rocky outcrops. Associated native plant species 
include Bidens sandvicensis, Carex meyenii, Carex wahuensis, 
Charpentiera elliptica, Hedyotis spp., Lipochaeta connata, Lysimachia 
glutinosa, Lysimachia kalalauensis, Melicope spp., Myrsine 
linearifolia, Poa mannii, or Wilkesia gymnoxiphium (K. Wood, pers. 
comm., 2001).
    The primary threats to both species of Plantago princeps on Kauai 
are herbivory and habitat degradation by feral pigs and goats and 
competition with various non-native plant species. Ungulate herbivory 
is especially severe, with numerous observations of P. princeps 
individuals exhibiting browse damage (61 FR 53108; Service 1999).
Platanthera holochila (NCN)
    Platanthera holochila, 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 short-lived perennial 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 Platanthera holochila. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).

[[Page 3973]]

    Historically, Platanthera holochila was known from the Alakai 
Swamp, Kaholuamano area, and the Wahiawa Mountains on Kauai, and 
scattered locations on Oahu, Molokai, and Maui. Currently, P. holochila 
is extant on Kauai, Molokai, and Maui. On Kauai, there are two 
populations with 28 individuals reported on State (Alakai Wilderness 
Preserve) owned lands at Kilohana and the Alakai Swamp (HINHP Database 
2000; GDSI 2000).
    Platanthera holochila is found in montane Metrosideros polymorpha -
Dicranopteris linearis wet forest or M. polymorpha mixed bog at 
elevations between 803 and 1,563 m (2,635 and 5,128 ft). Associated 
native plant species include mosses, grammitid ferns, Carex montis-eeka 
(NCN), Cibotium spp., Clermontia fauriei (oha wai), Coprosma elliptica 
(pilo), Dichanthelium spp, Lobelia kauaensis, Machaerina angustifolia, 
Myrsine denticulata (kolea), Oreobolus furcatus, Rhynchospora laxa 
(kuolohia), Styphelia tameiameiae, or Vaccinium spp., or Viola 
kauaensis (61 FR 53108; Service 1999; K. Wood, pers. comm., 2001).
    The primary threats to Platanthera holochila on Kauai are habitat 
degradation and destruction by pigs; competition with non-native 
plants; and a risk of extinction on Kauai from naturally occurring 
events, such as landslides or hurricanes, and/or reduced reproductive 
vigor, due to the small number of remaining populations and 
individuals. Predation by introduced slugs may also be a potential 
threat to this species (61 FR 53108; Service 1999).
Schiedea nuttallii (NCN)
    Schiedea nuttallii, a member of the pink family (Caryophyllaceae), 
is a generally hairless, erect subshrub. This long-lived perennial 
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, and smaller leaves, flowers, and 
seeds (Wagner et al. 1999).
    Little is known about the life history of Schiedea nuttallii. Based 
on field and greenhouse observations, it is hermaphroditic (a flower 
containing both male and female sexual parts). Plants on Oahu have been 
under observation for 10 years, and they appear to be long-lived. 
Schiedea nuttallii appears to be an outcrossing species. Under 
greenhouse conditions, plants fail to set seed unless hand pollinated, 
suggesting that this species requires insects for pollination. Fruits 
and flowers are abundant in the wet season but can be found throughout 
the year (Service 1999).
    Historically, Schiedea nuttallii was known from Kauai and Oahu and 
was reported from Maui. Currently, it is found on Kauai, Oahu, and 
Molokai. On Kauai, one population with 50 individuals is found on Haupu 
Peak on privately owned land. The status of individuals previously 
found in the Limahuli Valley is currently unknown (61 FR 53108; HINHP 
Database 2000; GDSI 2000; Service 1999).
    Schiedea nuttallii typically grows on cliffs in lowland diverse 
mesic forest dominated by Metrosideros polymorpha at elevations between 
37 and 702 m (120 and 2,303 ft). Associated native plant species 
include Antidesma platyphyllum var. hillebrandii, Bidens valida, 
Chamaesyce celastroides, Eragrostis variabilis, Hedyotis acuminata, 
Hedyotis fluviatilis, Heteropogon contortus, Lepidium spp. (anaunau), 
Lobelia niihauensis, Psychotria spp., Perrottetia sandwicensis, or 
Pisonia spp. (Service 1999; K. Wood, pers. comm., 2001).
    Schiedea nuttallii is threatened on Kauai by habitat degradation 
and/or destruction by feral pigs, goats, and possibly deer; competition 
with several non-native plants; landslides; predation by the black twig 
borer; and a risk of extinction from naturally occurring events (e.g., 
landslides or hurricanes) and/or reduced reproductive vigor, due to the 
small number of individuals in the only known population. Based on 
observations that indicate that introduced snails and slugs may consume 
seeds and seedlings, it is likely that introduced molluscs also 
represent a major threat to this species (61 FR 53108; Service 1999).
Sesbania tomentosa (ohai)
    Sesbania tomentosa, a member of the pea family (Fabaceae), is 
typically a sprawling short-lived perennial 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 color tinged with yellow, orange-red, 
scarlet or rarely, pure yellow coloration. Sesbania tomentosa is the 
only endemic Hawaiian species in the genus, differing from the 
naturalized S. 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. Other aspects of this plant's life history are unknown year 
(Service 1999).
    Currently, Sesbania tomentosa occurs on six of the eight main 
Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and Hawaii) 
and in the Northwestern Hawaiian Islands (Nihoa and Necker). Although 
once found on Niihau and Lanai, it is no longer extant on these 
islands. On Kauai, S. tomentosa is known from one population, with 18 
individuals, on State-owned land from the Polihale State Park (59 FR 
56333; HINHP Database 2000; GDSI 2000).
    Sesbania tomentosa is found on sandy beaches, dunes, or pond 
margins at elevations between 0 and 212 m (0 and 694 ft). It commonly 
occurs in coastal dry shrublands or mixed coastal dry cliffs with the 
associated native plant species Chamaesyce celastroides, Cluscuta 
sandwichiana (kaunaoa), Dodonaea viscosa, Heteropogon contortus, 
Myoporum sandwicense, Nama sandwicensis, Scaevola sericea, Sida fallax, 
Sporobolus virginicus, Vitex rotundifolia or Waltheria indica (Service 
1999; HINHP Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to Sesbania tomentosa on Kauai are habitat 
degradation caused by competition with various non-native plant 
species; lack of adequate pollination; seed predation by rats, mice 
and, potentially, non-native insects; fire; and destruction by off-road 
vehicles and other human disturbances (59 FR 56333; Service 1999).
Silene lanceolata (NCN)
    Silene lanceolata, a member of the pink family (Caryophyllaceae), 
is an upright, short-lived perennial plant with stems 15 to 51 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 by its smaller flowers and 
capsules and its stamens, which are shorter than the sepals (Wagner et 
al. 1999).
    Little is known about the life history of Silene lanceolata. Its 
flowering cycles, pollination vectors, seed

[[Page 3974]]

dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (57 FR 46325; Service 1996).
    The historical range of Silene lanceolata includes five Hawaiian 
Islands: Kauai, Oahu, Molokai, Lanai, and the island of Hawaii. Silene 
lanceolata is presently extant on the islands of Molokai, Oahu, and the 
island of Hawaii. It was last observed on Kauai in the 1850s (57 FR 
46325; GDSI 2000; Service 1996).
    Nothing is known of the preferred habitat of or native plant 
species associated with Silene lanceolata on the island of Kauai.
    Nothing is known of the threats to Silene lanceolata on the island 
of Kauai.
Solanum incompletum (popolo ku mai)
    Solanum incompletum, a short-lived perennial member of the 
nightshade family (Solanaceae), is a woody shrub. Its stems and lower 
leaf surfaces are covered with prominent reddish prickles or sometimes 
with yellow fuzzy hairs on young plant parts and lower leaf surfaces. 
The oval to elliptic leaves have prominent veins on the lower surface 
and lobed leaf margins. Numerous flowers grow in loose branching 
clusters with each flower on a stalk. This species differs from other 
native members of the genus by being generally prickly and having 
loosely clustered white flowers, curved anthers about 2 mm (0.08 in.) 
long, and berries 1 to 2 cm (0.4 to 0.8 in.) in diameter (Symon 1999).
    Little is known about the life history of Solanum incompletum. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (59 FR 56333).
    Historically, Solanum incompletum was known Lanai, Maui, and the 
island of Hawaii. According to David Symon (1999), the known 
distribution of Solanum incompletum also extended to the islands of 
Kauai and Molokai. Currently, Solanum incompletum is only known from 
the island of Hawaii. The reported presence on Kauai may be erroneous 
(HINHP Database 2000; Christopher Puttock, Bernice P. Bishop Museum, 
pers comm., 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Solanum incompletum on the island of Kauai.
    Nothing is known of the threats to Solanum incompletum on the 
island of Kauai.
Solanum sandwicense (aiakeakua, popolo)
    Solanum sandwicense, a member of the nightshade family 
(Solanaceae), is a large sprawling shrub. The younger branches are more 
densely hairy than older branches and the oval leaves usually have up 
to 4 lobes along the margins. This short-lived perennial species 
differs from others of the genus in having dense hairs on young plant 
parts, a greater height, and its lack of prickles (Symon 1999).
    Little is known about the life history of Solanum sandwicense. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Solanum sandwicense was known from both Oahu and 
Kauai. Currently, this species is only known from Kauai. On Kauai, this 
species was historically reported from locations in the Kokee region 
bounded by Kalalau Valley, Milolii Ridge, and extending to the Hanapepe 
River. Currently, Solanum sandwicense is only known from six 
populations of 14 individual plants on private and State lands (Kokee 
State Park, Kuia Natural Area Reserve, and Na Pali-Kona Forest Reserve) 
at Kahuamaa Flats, Awaawapuhi Valley, Kumuwela Ridge, Waialae Valley, 
and Mokuone Stream (59 FR 9304; Service 1995; K. Wood, in litt. 1999; 
HINHP Database 2000; GDSI 2000; Joan Yoshioka, The Nature Conservancy 
of Hawaii (TNCH), pers. comm., 2000).
    This species is typically found under forest canopies at elevations 
between 445 and 1,290 m (1,460 and 4,232 ft) in diverse lowland or 
montane Acacia koa or Acacia koa-Metrosideros polymorpha mesic forests 
or occasionally in wet forests. Associated native plant species include 
Alphitonia ponderosa, Athyrium sandwicensis, Bidens spp., Carex 
meyenii, Coprosma spp., Cryptocarya mannii, Dianella sandwicensis, 
Dicranopteris linearis, Dubautia spp., Hedyotis spp., Ilex anomala, 
Melicope spp., Poa spp., Pouteria sandwicensis, Psychotria spp., 
Syzygium sandwicensis, or Xylosma hawaiiense (59 FR 9304; Service 1995; 
HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to populations of Solanum sandwicense on Kauai 
are habitat degradation by feral pigs, and competition with non-native 
plant species (Passiflora mollissima, Rubus argutus, Psidium 
cattleianum, Hedychium gardnerianum (kahili ginger), or Lonicera 
japonica); fire; human disturbance and development; and a risk of 
extinction from naturally occurring events (e.g., landslides or 
hurricanes) and/or reduced reproductive vigor due to the small number 
of existing individuals (59 FR 9304; Service 1995; HINHP Database 
2000).
Spermolepis hawaiiensis (NCN)
    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. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Spermolepis hawaiiensis was known from the islands of 
Kauai, Oahu, Lanai, and the island of Hawaii. Currently, it is found on 
Kauai, Oahu, Molokai, Lanai, West Maui, and Hawaii. On Kauai, this 
species is known from State-owned land at Koaie Canyon, the rim of 
Waimea Canyon, and Kapahili Gulch within the Na Pali-Kona Forest 
Reserve. There are three known populations with five individuals total 
on Kauai (59 FR 56333; Service 1999; HINHP Database 2000; GDSI 2000).
    Spermolepis hawaiiensis is known from Metrosideros polymorpha 
forest and Dodonaea viscosa lowland dry shrubland, at elevations 
between 56 and 725 m (184 and 2,377 ft). Associated native plant 
species include Bidens sandvicensis, Doryopteris spp., Eragrostis 
variabilis, Erythrina sandwicensis, Lipochaeta spp., Schiedea 
spergulina, or Sida fallax (Service 1999; HINHP Database 2000; K. Wood, 
pers. comm., 2001).
    The primary threats to Spermolepis hawaiiensis on Kauai are habitat 
degradation by feral goats; competition with various non-native plants; 
and erosion, landslides, and rock slides due to natural weathering 
which result in the death of individual plants as well as habitat 
destruction (59 FR 56333; Service 1999).

[[Page 3975]]

Vigna o-wahuensis (NCN)
    Vigna o-wahuensis, a member of the pea family (Fabaceae), is a 
slender twining short-lived 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 seven 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).
    Little is known about the life history of Vigna o-wahuensis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, Maui, 
Molokai, Lanai, Kahoolawe, and the island of Hawaii. Currently, Vigna 
o-wahuensis is known from the islands of Molokai, Lanai, Kahoolawe, 
Maui, and the island of Hawaii. It was last observed on Niihau in the 
1912 (59 FR 56333; HINHP Database 2000; GDSI 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Vigna o-wahuensis on the island of Niihau.
    Nothing is known of the threats to Vigna o-wahuensis on the island 
of Niihau.
Zanthoxylum hawaiiense (ae)
    Zanthoxylum hawaiiense 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. A long-
lived perennial tree, Zanthoxylum hawaiiense is distinguished from 
other Hawaiian members of the genus by several characteristics: three 
leaflets all of similar size, one joint on lateral leaf stalk, and 
sickle-shape fruits with a rounded tip (Stone et al. 1999).
    Little is known about the life history of Zanthoxylum hawaiiense. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996).
    Historically, Zanthoxylum hawaiiense was known from five islands: 
Kauai, Molokai, Lanai, Maui, and the island of Hawaii. Currently, 
Zanthoxylum hawaiiense is found on Kauai, Molokai, Maui, and the island 
of Hawaii. On Kauai, this species is only known from two populations 
with three individuals on State-owned land in Kawaiiki and Kipalau 
Valleys within the Alakai Wilderness Preserve and Na Pali-Kona Forest 
Reserve (HINHP Database 2000; GDSI 2000).
    Zanthoxylum hawaiiense is reported from lowland dry or mesic 
forests, at elevations between 464 and 887 m (1,522 and 2,911 ft). This 
species is typically found in forests dominated by Metrosideros 
polymorpha or Diospyros sandwicensis with associated native plant 
species including Antidesma platyphyllum, Alectryon macrococcus, 
Charpentiera elliptica, Dodonaea viscosa, Melicope spp., Myrsine 
lanaiensis, Pisonia spp., Pleomele aurea, Streblus pendulinus, 
Zanthoxylum dipetalum (HINHP Database 2000; K. Wood, pers. comm., 
2001).
    The threats to Zanthoxylum hawaiiense on Kauai include competition 
with the non-native plant species Melia azedarach and Lantana camara; 
fire; human disturbance; and risk of extinction from naturally 
occurring events, such as landslides or hurricanes, and/or reduced 
reproductive vigor due to the small number of individuals in the only 
known population (59 FR 10305; Service 1996).
    A summary of populations and landownership for the 95 plant species 
reported from the islands of Kauai and Niihau is given in Table 3.

 Table 3.--Summary of Populations Occurring on Kauai and Niihau, and Landownership for 95 Species Reported From
                                                Kauai and Niihau
----------------------------------------------------------------------------------------------------------------
                                                   Number of                      Landownership
                    Species                         current    -------------------------------------------------
                                                  populations       Federal          State           Private
----------------------------------------------------------------------------------------------------------------
Acaena exigua.................................               0
Achyranthes mutica............................               0
Adenophorus periens...........................               7  ..............               X                X
Alectryon macrococcus.........................               6  ..............               X   ...............
Alsinidendron lychnoides......................               2  ..............               X   ...............
Alsinidendron viscosum........................               5  ..............               X   ...............
Bonamia menziesii.............................               8  ..............               X                X
Brighamia insignis............................               4  ..............               X                X
Centaurium sebaeoides.........................               3  ..............               X   ...............
Chamaesyce halemanui..........................               6  ..............               X   ...............
Ctenitis squamigera...........................               0
Cyanea asarifolia.............................               1  ..............               X   ...............
Cyanea recta..................................               7  ..............               X                X
Cyanea remyi..................................               7  ..............               X                X
Cyanea undulata...............................               1  ..............  ...............               X
Cyperus trachysanthos.........................               2  ..............               X                X
Cyrtandra cyaneoides..........................               5  ..............               X                X
Cyrtandra limahuliensis.......................              11  ..............               X                X
Delissea rhytidosperma........................               3  ..............               X                X
Delissea rivularis............................               2  ..............               X   ...............
Delissea undulata.............................               1  ..............               X   ...............
Diellia erecta................................               1  ..............               X   ...............
Diellia pallida...............................               4  ..............               X   ...............
Diplazium molokaiense.........................               0
Dubautia latifolia............................               9  ..............               X   ...............

[[Page 3976]]

 
Dubautia pauciflorula.........................               2  ..............               X                X
Euphorbia haeleeleana.........................               7  ..............               X   ...............
Exocarpos luteolus............................               8  ..............               X                X
Flueggea neowawraea...........................               8  ..............               X                X
Gouania meyenii...............................               3  ..............               X   ...............
Hedyotis cookiana.............................               1  ..............               X   ...............
Hedyotis st.-johnii...........................               4  ..............               X   ...............
Hesperomannia lydgatei........................               3  ..............               X                X
Hibiscadelphus woodii.........................               1  ..............               X   ...............
Hibiscus brackenridgei........................               0
Hibiscus clayi................................               1  ..............               X   ...............
Hibiscus waimeae ssp. hannerae................               3  ..............               X                X
Ischaemum byrone..............................               2  ..............  ...............               X
Isodendrion laurifolium.......................               5  ..............               X   ...............
Isodendrion longifolium.......................               9  ..............               X                X
Isodendrion pyrifolium........................               0
Kokia kauaiensis..............................               5  ..............               X   ...............
Labordia lydgatei.............................               6  ..............               X                X
Labordia tinifolia var. wahiawaensis..........               1  ..............  ...............               X
Lipochaeta fauriei............................               4  ..............               X   ...............
Lipochaeta micrantha..........................               5  ..............               X                X
Lipochaeta waimeaensis........................               1  ..............               X   ...............
Lobelia niihauensis...........................              11  ..............               X                X
Lysimachia filifolia..........................               1  ..............               X   ...............
Mariscus pennatiformis........................               0
Melicope haupuensis...........................               4  ..............               X   ...............
Melicope knudsenii............................               7  ..............               X   ...............
Melicope pallida..............................               5  ..............               X   ...............
Melicope quadrangularis.......................               0
Munroidendron racemosum.......................              14  ..............               X                X
Myrsine linearifolia..........................               8  ..............               X                X
Nothocestrum peltatum.........................               6  ..............               X   ...............
Panicum niihauense............................               1  ..............               X   ...............
Peucedanum sandwicense........................              14  ..............               X                X
Phlegmariurus mannii..........................               0
Phlegmariurus nutans..........................               0
Phyllostegia knudsenii........................               1  ..............               X   ...............
Phyllostegia waimeae..........................               1  ..............               X   ...............
Phyllostegia wawrana..........................               4  ..............               X                X
Plantago princeps.............................               6  ..............               X                X
Platanthera holochila.........................               2  ..............               X   ...............
Poa mannii....................................               6  ..............               X   ...............
Poa sandvicensis..............................               9  ..............               X   ...............
Poa siphonoglossa.............................               5  ..............               X   ...............
Pritchardia aylmer-robinsonii.................               1  ..............  ...............               X
Pritchardia napaliensis.......................               3  ..............               X   ...............
Pritchardia viscosa...........................               1  ..............               X   ...............
Pteralyxia kauaiensis.........................              15  ..............               X   ...............
Remya kauaiensis..............................              12  ..............               X   ...............
Remya montgomeryi.............................               3  ..............               X   ...............
Schiedea apokremnos...........................               5  ..............               X   ...............
Schiedea helleri..............................               3  ..............               X   ...............
Schiedea kauaiensis...........................               2  ..............               X   ...............
Schiedea membranacea..........................               7  ..............               X                X
Schiedea nuttallii............................               1  ..............  ...............               X
Schiedea spergulina var. leiopoda.............               1  ..............  ...............               X
Schiedea spergulina var. spergulina...........               3  ..............               X   ...............
Schiedea stellarioides........................               2  ..............               X   ...............
Sesbania tomentosa............................               1  ..............               X   ...............
Silene lanceolata.............................               0
Solanum incompletum...........................               0
Solanum sandwicense...........................               6  ..............               X                X
Spermolepis hawaiiensis.......................               3  ..............               X   ...............
Stenogyne campanulata.........................               2  ..............               X   ...............
Vigna o-wahuensis.............................               0
Viola helenae.................................               1  ..............  ...............               X
Viola kauaiensis var. wahiawaensis............               2  ..............  ...............               X
Wilkesia hobdyi...............................               6              X*               X   ...............
Xylosma crenatum..............................               3  ..............               X   ...............

[[Page 3977]]

 
Zanthoylum hawaiiense.........................               2  ..............               X   ...............
----------------------------------------------------------------------------------------------------------------
*Pacific Missile Range Facility at Makaha Ridge.

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), 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, Argyroxiphium kauense, Bonamia 
menziesii, Clermontia drepanomorpha, Clermontia lindseyana, Colubrina 
oppositifolia, Cyanea hamatiflora ssp. carlsonii (as Cyanea carlsonii), 
Cyanea platyphylla (as Cyanea bryanii), Cyanea shipmanii, Flueggea 
neowawraea (as Drypetes phyllanthoides), Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei (as Hibiscus 
brackenridgei var. brackenridgei, var. mokuleianus, and var. ``from 
Hawaii''), Ischaemum byrone, Melicope zahlbruckneri (as Pelea 
zahlbruckneri), Neraudia ovata, Nothocestrum breviflorum (as 
Nothocestrum breviflorum var. breviflorum), Portulaca sclerocarpa, 
Sesbania tomentosa (as Sesbania hobdyi and Sesbania tomentosa var. 
tomentosa), Silene lanceolata, Solanum incompletum (as Solanum 
haleakalense and Solanum incompletum var. glabratum, var. incompletum, 
and var. mauiensis), Vigna o-wahuensis (as Vigna sandwicensis var. 
heterophylla and var. sandwicensis), and Zanthoxylum hawaiiense (as 
Zanthoxylum hawaiiense var. citriodora) were considered endangered; 
Cyrtandra giffardii, Diellia erecta, Silene hawaiiensis (as Silene 
hawaiiensis var. hawaiiensis), Zanthoxylum dipetalum ssp. tomentosum, 
and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense var. hawaiiense 
and var. velutinosum) were considered threatened; and, Asplenium 
fragile var. insulare (as Asplenium fragile), Clermontia pyrularia, 
Delissea undulata (as Delissea undulata var. argutidentata and var. 
undulata), Gouania vitifolia, Hedyotis coriacea, Isodendrion hosakae, 
Isodendrion pyrifolium, Nothocestrum breviflorum (as Nothocestrum 
breviflorum var. longipes), and Tetramolopium arenarium (as 
Tetramolopium arenarium var. arenarium, var. confertum, and var. 
dentatum) 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 gave notice of our intention to 
review the status of the plant taxa named therein. As a result of that 
review, on June 16, 1976, we published a proposed rule in the Federal 
Register (41 FR 24523) to determine endangered status pursuant to 
section 4 of the Act for approximately 1,700 vascular plant taxa, 
including all of the above taxa except for Cyrtandra giffardii and 
Silene hawaiiensis. The list of 1,700 plant taxa was assembled on the 
basis of comments and data received by the Smithsonian Institution and 
the Service in response to House Document No. 94-51, and the July 1, 
1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
2 years old be withdrawn. A 1-year grace period was given to proposals 
already over 2 years old. On December 10, 1979, we published a notice 
in the Federal Register (44 FR 70796) withdrawing the portion of the 
June 16, 1976, proposal that had not been made final, along with four 
other proposals that had expired. We published updated Notices of 
Review for plants on December 15, 1980 (45 FR 82479), September 27, 
1985 (50 FR 39525), February 21, 1990 (55 FR 6183), September 30, 1993 
(58 FR 51144), and February 28, 1996 (61 FR 7596). A summary of the 
status categories for these 95 plant species in the 1980-1996 notices 
of review can be found in Table 4(a). We listed the 95 species as 
endangered or threatened between 1991 and 1996. A summary of the 
listing actions can be found in Table 4(b).

               Table 4(a).--Summary of Candidacy Status for 95 Plant Species From Kauai and Niihau
----------------------------------------------------------------------------------------------------------------
                                                                     Federal Register notice of review
                         Species                         -------------------------------------------------------
                                                              1980          1985          1990          1993
----------------------------------------------------------------------------------------------------------------
Acaena exigua...........................................             C1            C1            C1 ............
Achyranthes mutica......................................  ............  ............  ............  ............
Adenophorus periens.....................................             C1            C1            C1 ............
Alectryon macrococcus...................................             C1           3C             C1 ............
Alsinidendron lychnoides................................  ............             C1*............             C2
Alsinidendron viscosum..................................  ............             C1*         3A
Bonamia menziesii.......................................             C1            C1            C1 ............
Brighamia insignis......................................             C1            C1            C1 ............
Centaurium sebaeoides...................................  ............  ............             C1
Chamaesyce halemanui....................................             C1            C1            C1 ............
Ctenitis squamigera.....................................             C1*           C1*           C1*
Cyanea asarifolia.......................................  ............  ............             C1
Cyanea recta............................................  ............  ............           3A
Cyanea remyi............................................  ............  ............  ............  ............
Cyanea undulata.........................................  ............  ............           3A

[[Page 3978]]

 
Cyperus trachysanthos...................................  ............  ............  ............             C2
Cyrtandra cyaneoides....................................  ............  ............  ............             C2
Cyrtandra limahuliensis.................................  ............  ............             C1
Delissea rhytidosperma..................................             C1            C1            C1
Delissea rivularis......................................             C2            C2          3A
Delissea undulata.......................................             C1            C1*           C1*
Diellia erecta..........................................             C1            C1            C1
Diellia pallida.........................................  ............  ............             C1*
Diplazium molokaiense...................................             C1*           C1*           C1
Dubautia latifolia......................................             C1            C1            C1
Dubautia pauciflorula...................................  ............  ............             C1
Euphorbia haeleeleana...................................             C1            C1            C1
Exocarpos luteolus......................................  ............             C1            C1
Flueggea neowawraea.....................................             C1            C1            C1
Gouania meyenii.........................................           3A            3A              C1
Hedyotis cookiana.......................................           3A            3A              C1
Hedyotis st.-johnii.....................................             C1            C1            C1
Hesperomannia lydgatei..................................             C1            C1            C1
Hibiscadelphus woodi....................................  ............  ............  ............
Hibiscus brackenridgei..................................             C1            C1            C1
Hibiscus clayi..........................................             C1            C1            C1
Hibiscus waimeae ssp. hannerae..........................  ............  ............  ............  ............
Ischaemum byrone........................................            3C            3C             C2            C2
Isodendrion laurifolium.................................             C1            C1            C1            C2
Isodendrion longifolium.................................             C1            C1            C1            C2
Isodendrion pyrifolium..................................  ............  ............  ............  ............
Kokia kauaiensis........................................             C2            C2            C2
Labordia lydgatei.......................................             C2            C2            C2
Labordia tinifolia var. wahiawaensis....................
Lipochaeta fauriei......................................             C1*           C1*           C1
Lipochaeta micrantha....................................             C1            C1            C1
Lipochaeta waimeaensis..................................             C1            C1            C1
Lobelia niihauensis.....................................             C1            C1            C1
Lysimachia filifolia....................................             C2            C2            C1
Mariscus pennatiformis..................................  ............             C1            C1
Melicope haupuensis.....................................             C1            C1            C1
Melicope knudsenii......................................             C1*           C1*           C1
Melicope pallida........................................  ............  ............             C1*
Melicope quadrangularis.................................             C1            C1            C1*
Munroidendron racemosum.................................             C1            C1            C1
Myrsine linearifolia....................................             C1            C1            C2            C2
Nothocestrum peltatum...................................             C1            C1            C1
Panicum niihauense......................................  ............  ............  ............             C2
Peucedanum sandwicense..................................             C2            C2            C2
Phlegmariurus mannii....................................             C1            C1            C1
Phlegmariurus nutans....................................             C1            C1            C1
Phyllostegia knudsenii..................................             C1            C1          3A
Phyllostegia waimeae....................................  ............  ............             C1
Phyllostegia wawrana....................................  ............  ............           3A
Plantago princeps.......................................             C2            C2            C1
Platanthera holochila...................................             C1            C1            C1            C2
Poa mannii..............................................             C1            C1            C1*
Poa sandvicensis........................................             C1            C1            C1
Poa siphonoglossa.......................................             C1            C1            C1
Pritchardia aylmer-robinsonii...........................             C1            C1            C1
Pritchardia napaliensis.................................  ............  ............             C2            C2
Pritchardia viscosa.....................................  ............  ............             C2            C2
Pteralyxia kauaiensis...................................             C1            C1            C1
Remya kauaiensis........................................             C1*           C1*
Remya montgomeryi.......................................  ............  ............  ............  ............
Schiedea apokremnos.....................................  ............             C1            C1
Schiedea helleri........................................  ............             C1*         3A
Schiedea kauaiensis.....................................  ............  ............  ............  ............
Schiedea membranacea....................................             C2            C2            C2            C2
Schiedea nuttallii......................................  ............  ............  ............             C2
Schiedea spergulina var. leiopoda.......................  ............             C1            C1 *
Schiedea spergulina var. spergulina.....................  ............             C1            C1
Schiedea stellarioides..................................  ............             C1*         3A
Sesbania tomentosa......................................             C1*           C1*           C1
Silene lanceolata.......................................             C1            C1            C1

[[Page 3979]]

 
Solanum incompletum.....................................             C1*           C1*           C1
Solanum sandwicense.....................................             C1*           C1*           C1
Spermolepis hawaiiensis.................................  ............  ............             C1
Stenogyne campanulata...................................  ............  ............             C1
Vigna o-wahuensis.......................................             C1            C1            C1
Viola helenae...........................................             C1            C1            C1
Viola kauaiensis var. wahiawaensis......................             C1            C1            C2            C2
Wilkesia hobdyi.........................................             C1            C1
Xylosma crenatum........................................             C2            C2            C1
Zanthoxylum hawaiiense..................................             C1            C1            C1
----------------------------------------------------------------------------------------------------------------
Key:
C1: Taxa for which the Service has on file enough substantial 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.
3C: Taxa that have proven to be more abundant or widespread than previously believed and/or those that are not
  subject to any identifiable threat.
 
 Federal Register Notice of Review:
1980: 45 FR 82479
1985: 50 FR 39525
1990: 55 FR 6183
1993: 58 FR 51144


                                   Table 4(b).--Summary of Listing Actions for 95 Plant Species From Kauai and Niihau.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Proposed Rule                        Final Rule                  Prudency determinations and
                                   Federal   ------------------------------------------------------------------------      proposed critical habitat
            Species                status                                                                            -----------------------------------
                                                  Date        Federal Register        Date        Federal Register      Date(s)       Federal Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acaena exigua.................  E              05/24/1991  56 FR 23842             05/15/1992  57 FR 20787             12/18/2000  65 FR 79192
Achyranthes mutica............  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108                     NA  NA
Adenophorus periens...........  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                       12/29/2000  66 FR 83157
Alectryon macrococcus.........  E              05/24/1991  56 FR 23842             05/15/1992  57 FR 20772            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  66 FR 83157
Alsinidendron lychnoides......  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Alsinidendron viscosum........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Bonamia menziesii.............  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/27/2000  65 FR 82086
Brighamia insignis............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Centaurium sebaeoides.........  E              09/28/1990  55 FR 39664             10/29/1991  56 FR 55770            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                      12/27/2000,  65 FR 82086,
                                                                                                                       12/29/2000  66 FR 83157
Chamaesyce halemanui..........  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Ctenitis squamigera...........  E              06/24/1993  58 FR 34231             09/09/1994  59 FR 49025            12/18/2000,  65 FR 79192,
                                                                                                                      12/27/2000,  65 FR 79192,
                                                                                                                       12/29/2000  66 FR 83157
Cyanea asarifolia.............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Cyanea recta..................  T              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Cyanea remyi..................  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Cyanea undulata...............  E              09/17/1990  55 FR 38242             09/20/1991  56 FR 47695             11/07/2000  65 FR 66808
Cyperus trachysanthos.........  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Cyrtandra cyaneoides..........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Cyrtandra limahuliensis.......  T              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Delissea rhytidosperma........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Delissea rivularis............  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Delissea undulata.............  E              06/27/1994  59 FR 32946             10/10/1996  61 FR 53124             11/07/2000  65 FR 66808
Diellia erecta................  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
Diellia pallida...............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Diplazium molokaiense.........  E              06/24/1993  58 FR 34231             09/09/1994  59 FR 49025             12/18/2000  65 FR 79192
Dubautia latifolia............  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Dubautia pauciflorula.........  E              09/17/1990  55 FR 38242             09/20/1991  56 FR 47695             11/07/2000  65 FR 66808
Euphorbia haeleeleana.........  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Exocarpos luteolus............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808

[[Page 3980]]

 
Flueggea neowawraea...........  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                       12/18/2000  65 FR 79192
Gouania meyenii...............  E              09/28/1990  55 FR 39664             10/29/1991  56 FR 55770             11/07/2000  65 FR 66808
Hedyotis cookiana.............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Hedyotis st.-johnii...........  E              08/03/1990  55 FR 31612             09/30/1991  56 FR 49639             11/07/2000  65 FR 66808
Hesperomannia lydgatei........  E              09/17/1990  55 FR 38242             09/20/1991  56 FR 47695             11/07/2000  65 FR 66808
Hibiscadelphus woodii.........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Hibiscus brackenridgei........  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            12/18/2000,  65 FR 79192,
                                                                                                                       12/27/2000  65 FR 82086
Hibiscus clayi................  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Hibiscus waimeae ssp. hannerae  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Ischaemum byrone..............  E              12/17/1992  57 FR 59951             03/04/1994  59 FR 10305            12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
Isodendrion laurifolium.......  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Isodendrion longifolium.......  T              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Isodendrion pyrifolium........  E              12/17/1992  57 FR 59951             03/04/1994  59 FR 10305                     NA  NA
Kokia kauaiensis..............  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Labordia lydgatei.............  E              09/17/1990  55 FR 38242             09/20/1991  56 FR 47695             11/07/2000  65 FR 66808
Labordia tinifolia var.         E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
 wahiawaensis.
Lipochaeta fauriei............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Lipochaeta micrantha..........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Lipochaeta waimeaensis........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Lobelia niihauensis...........  E              09/28/1990  55 FR 39664             10/29/1991  56 FR 55770             11/07/2000  65 FR 66808
Lysimachia filifolia..........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Mariscus pennatiformis........  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333             12/18/2000  65 FR 79192
Melicope haupuensis...........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Melicope knudsenii............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304             11/07/2000,  65 FR 66808,
                                                                                                                       12/18/2000  65 FR 79192
Melicope pallida..............  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Melicope quadrangularis.......  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Munroidendron racemosum.......  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Myrsine linearifolia..........  T              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Nothocestrum peltatum.........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Panicum niihauense............  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Peucedanum sandwicense........  T              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  66 FR 83157
Phlegmariurus mannii..........  E              05/24/1991  56 FR 23842             05/15/1992  57 FR 20772             12/18/2000  65 FR 79192
Phlegmariurus nutans..........  E              09/28/1990  55 FR 39664             10/29/1991  56 FR 55770                     NA  NA
Phyllostegia knudsenii........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Phyllostegia waimeae..........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Phyllostegia wawrana..........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Plantago princeps.............  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
Platanthera holochila.........  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
Poa mannii....................  E              04/07/1993  58 FR 18073             11/10/1994  59 FR 56330             11/07/2000  65 FR 66808
Poa sandvicensis..............  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Poa siphonoglossa.............  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Pritchardia aylmer-robinsonii.  E              12/17/1992  57 FR 59970             08/07/1996  61 FR 41020             11/07/2000  65 FR 66808
Pritchardia napaliensis.......  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Pritchardia viscosa...........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Pteralyxia kauaiensis.........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
Remya kauaiensis..............  E              10/02/1989  54 FR 40447             01/14/1991  56 FR 1450              11/07/2000  65 FR 66808
Remya montgomeryi.............  E              10/02/1989  54 FR 40447             01/14/1991  56 FR 1450              11/07/2000  65 FR 66808
Schiedea apokremnos...........  E              08/03/1990  55 FR 31612             09/30/1991  56 FR 49639             11/07/2000  65 FR 66808
Schiedea helleri..............  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Schiedea kauaiensis...........  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108             11/07/2000  65 FR 66808
Schiedea membranacea..........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Schiedea nuttallii............  E              10/02/1995  60 FR 51417             10/10/1996  61 FR 53108            11/07/2000,  65 FR 66808,
                                                                                                                       12/29/2000  65 FR 83157
Schiedea spergulina var.        E              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
 leiopoda.
Schiedea spergulina var.        T              10/30/1991  56 FR 5562              02/25/1994  59 FR 9304              11/07/2000  65 FR 66808
 spergulina.

[[Page 3981]]

 
Schiedea stellarioides........  E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
Sesbania tomentosa............  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
Silene lanceolata.............  E              09/20/1991  56 FR 47718             10/08/1992  57 FR 46325             12/29/2000  65 FR 83157
Solanum incompletum...........  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333                     NA  NA
Solanum sandwicense...........  E              10/30/1991  56 FR 5562              02/25/1994  59 FR 09304             11/07/2000  65 FR 66808
Spermolepis hawaiiensis.......  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            11/07/2000,  65 FR 66808,
                                                                                                                       12/29/2000  65 FR 83157
Stenogyne campanulata.........  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Vigna o-wahuensis.............  E              09/14/1993  58 FR 48012             11/10/1994  59 FR 56333            12/18/2000,  65 FR 79192,
                                                                                                                      12/27/2000,  65 FR 82086,
                                                                                                                      12/29/2000,  65 FR 83157
Viola helenae.................  E              09/17/1990  55 FR 38242             09/20/1991  56 FR 47695             11/07/2000  65 FR 66808
Viola kauaiensis var.           E              09/25/1995  60 FR 49359             10/10/1996  61 FR 53070             11/07/2000  65 FR 66808
 wahiawaensis.
Wilkesia hobdyi...............  E              10/02/1989  54 FR 40444             06/22/1992  57 FR 27859             11/07/2000  65 FR 66808
Xylosma crenatum..............  E              09/21/1990  50 FR 39301             05/13/1992  57 FR 20580             11/07/2000  65 FR 66808
Zanthoxylum hawaiiense........  E              12/17/1992  57 FR 59951             03/04/1994  59 FR 10305            11/07/2000,  65 FR 66808,
                                                                                                                      12/18/2000,  65 FR 79192,
                                                                                                                       12/29/2000  65 FR 83157
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Key:
E = Endangered.
T = Threatened.

Critical Habitat

    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 not 
prudent because it would not benefit the plant and/or would increase 
the degree of threat to the species.
    The not prudent determinations for these species, along with 
others, were challenged in Conservation Council for Hawaii v. Babbitt, 
2 F. Supp. 2d 1280 (D. Haw. 1998). On March 9, 1998, the United States 
District Court for the District of Hawaii, directed us to review the 
prudency determinations for 245 listed plant species in Hawaii. 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 
1283-85).
    Regarding our determination that designating critical habitat would 
have no additional benefits to the species above and beyond those 
already provided through the section 7 consultation requirement of the 
Act, the court ruled that we failed to consider the specific effect of 
the consultation requirement on each species (id. at 1286-88). In 
addition, the court stated that we did not consider benefits outside of 
the consultation requirements. In the court's view, these potential 
benefits include substantive and procedural protections. The court held 
that, substantively, designation establishes a ``uniform protection 
plan'' prior to consultation and indicates where compliance with 
section 7 of the Act is required. Procedurally, the court stated that 
the designation of critical habitat educates the public, 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, 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 
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).
    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 more 
than 100 responses from individuals, non-profit organizations, the 
DOFAW, 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 
some 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

[[Page 3982]]

because they believed it would cause economic hardship, discourage 
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 would 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 October 5, 1999, we mailed letters to more than 160 landowners 
on the islands of Kauai and Niihau requesting any information 
considered germane to the management of any of the 95 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 species 
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. These responses included 
information on the following: the presence of fences or locked gates to 
restrict public access; access to the respondent's property by hunters 
or whether hunting is allowed on the property; ongoing weeding and rat 
control programs; and the propagation and/or planting of native plants. 
Some respondents stated that the plants of concern were not on her/his 
property. Only a few respondents expressed support for the designation 
of critical habitat. We held three open houses on the island of Kauai, 
at the Waimea Community Center, the Kauai War Memorial Convention Hall 
in Lihue, and the Kilauea Neighborhood Center, on October 19 to 21, 
1999, respectively, to meet one-on-one with local landowners and other 
interested members of the public. A total of 48 people attended the 
three open houses. In addition, we met with Kauai County Division of 
Forestry and Wildlife staff and Kauai State Parks staff to discuss 
their management activities on the island.
    On November 7, 2000, we published the first of the court-ordered 
prudency determinations and proposed critical habitat designations or 
non-designations for 76 Kauai and Niihau plants (65 FR 66808). The 
prudency determinations and proposed critical habitat designations for 
Maui and Kahoolawe plants were published on December 18, 2000 (65 FR 
79192), for Lanai plants on December 27, 2000 (65 FR 82086), and for 
Molokai plants on December 29, 2000 (65 FR 83157). All of these 
proposed rules had been sent to the Federal Register by or on November 
30, 2000, as required by the court's order. In those proposals we 
determined that critical habitat was prudent for 85 species 
(Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Alsinidendron viscosum, Bonamia menziesii, Brighamia insignis, 
Centaurium sebaeoides, Chamaesyce halemanui, Ctenitis squamigera, 
Cyanea asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia erecta, 
Diellia pallida, Diplazium molokaiense, Dubautia latifolia, Dubautia 
pauciflorula, Euphorbia haeleeleana, Exocarpos luteolus, Flueggea 
neowawraea, Gouania meyenii, Hedyotis cookiana, Hedyotis st.-johnii, 
Hesperomannia lydgatei, Hibiscadelphus woodii, Hibiscus brackenridgei, 
Hibiscus clayi, Hibiscus waimeae ssp. hannerae, Ischaemum byrone, 
Isodendrion laurifolium, Isodendrion longifolium, Kokia kauaiensis, 
Labordia lydgatei, Labordia tinifolia var. wahiawaensis, Lipochaeta 
fauriei, Lipochaeta micrantha, Lipochaeta waimeaensis, Lobelia 
niihauensis, Lysimachia filifolia, Mariscus pennatiformis, Melicope 
haupuensis, Melicope knudsenii, Melicope pallida, Munroidendron 
racemosum, Myrsine linearifolia, Nothocestrum peltatum, Panicum 
niihauense, Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia 
knudsenii, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, 
Schiedea helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea 
nuttallii, Schiedea spergulina var. leiopoda, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, Sesbania tomentosa, Silene 
lanceolata, Solanum sandwicense, Spermolepis hawaiiensis, Stenogyne 
campanulata, Vigna o-wahuensis, Viola helenae, Viola kauaiensis var. 
wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum 
hawaiiense) that are reported from Kauai and/or Niihau as well as on 
Maui, Kahoolawe, Lanai, and Molokai.
    In the November 7, 2000, proposal we determined that it was prudent 
to designate approximately 24,348 ha (60,165 ac) of lands on the island 
of Kauai and approximately 191 ha (471 ac) of lands on the island of 
Niihau as critical habitat. The publication of the proposed rule opened 
a 60-day public comment period, which closed on January 7, 2001. On 
January 18, 2001, we published a notice (66 FR 4782) announcing the 
reopening of the comment period until February 19, 2001, on the 
proposal to designate critical habitat for 76 plants from Kauai and 
Niihau and a notice of a public hearing. On February 6, 2001, we held a 
public hearing at the Radisson Kauai Beach Resort in Lihue, Kauai.
    On March 7, 2001, we published a notice announcing the reopening of 
the comment period, and announced the availability of the draft 
economic analysis on the proposal to designate critical habitat for 76 
plants from Kauai and Niihau (66 FR 13691). This third public comment 
period was open until April 6, 2001.
    On October 3, 2001, we submitted a joint stipulation with Earth 
Justice Legal Defense Fund requesting extension of the court order for 
the final rules to designate critical habitat for plants from Kauai and 
Niihau (July 30, 2002), Maui and Kahoolawe (August 23, 2002), Lanai 
(September 16, 2002), and Molokai (October 16, 2002), citing the need 
to revise the proposals to incorporate or address new information and 
comments received during the comment periods. The joint stipulation was 
approved and ordered by the court on October 5, 2001. Publication of 
this revised proposal for plants from Kauai and Niihau is consistent 
with the court-ordered stipulation.

Summary of Comments and Recommendations

    In the November 7, 2000, proposed rule (65 FR 66808), we requested 
all interested parties to submit comments on the specifics of the 
proposal, including information, policy, and proposed critical habitat 
boundaries as provided in the proposed rule. The first comment period 
closed on December 7, 2000. We reopened the comment period from January 
18, 2001, to February 19, 2001 (66 FR 4782), to accept comments on the 
proposed designations and to hold a public hearing on February 6, 2001, 
in Lihue, Kauai. The comment period was reopened from March 7, 2001, to 
April 6, 2001 (66 FR 13691), to allow for additional comments on the 
proposed rule and comments on the

[[Page 3983]]

draft economic analysis of the proposed critical habitat.
    We contacted all appropriate State and Federal agencies, county 
governments, elected officials, and other interested parties and 
invited them to comment. In addition, we invited public comment through 
the publication of notices in the following newspapers: the Honolulu 
Advertiser on November 13, 2000, and the Garden Island on November 15, 
2000. We received two requests for a public hearing. We announced the 
date and time of the public hearing in letters mailed to all interested 
parties, appropriate State and Federal agencies, county governments, 
and elected officials, and in notices published in the Honolulu 
Advertiser and in the Garden Island newspaper on January 19, 2001. A 
transcript of the hearing held in Lihue, Kauai on February 6, 2001, is 
available for inspection (see ADDRESSES section).
    We requested three botanists who have familiarity with Kauai and 
Niihau plants to peer review the proposed critical habitat 
designations. All three peer reviewers submitted comments on the 
proposed critical habitat designations, providing updated biological 
information, critical review, and editorial comments.
    We received a total of 37 oral and 202 written comments during the 
three comment periods. These included responses from one Federal 
agency, seven State offices, one local agency, one elected official, 
and 207 private organizations or individuals. We reviewed all comments 
received for substantive issues and new information regarding critical 
habitat and the Kauai and Niihau plants. Of the 239 comments we 
received, 157 supported designation, 25 were opposed to it, and eight 
provided information or declined to oppose or support the designation. 
Similar comments were grouped into eight general issues relating 
specifically to the proposed critical habitat determinations and draft 
economic analysis on the proposed determinations. These are addressed 
in the following summary.

Issue 1: Biological Justification and Methodology

    (1) Comment: The designation of critical habitat in unoccupied 
habitat is particularly important, since this may be the only mechanism 
available to ensure that Federal actions do not eliminate the habitat 
needed for the survival and recovery of extremely endangered species.
    Our Response: We agree. Our recovery plans for these species 
(Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999) identify 
the need to expand existing populations and reestablish wild 
populations within historic range. We have revised the November 7, 
2000, proposal to designate critical habitat for 76 plants from Kauai 
and Niihau to incorporate new information and/or address comments and 
new information received during the comment periods, including 
information on areas of potentially suitable unoccupied habitat for 
some of these species.
    (2) Comment: The data cited in the critical habitat proposal 
documenting the habitat losses and threats is questionable. We do not 
agree with the threats to the species as described in the proposed 
rule.
    Our Response: In the November 7, 2000, proposal to designate 
critical habitat for 76 plants from Kauai and Niihau, we provided 
information on the status of and threats to, the Kauai and Niihau 
plants. The threats to these species, and the species status, were 
documented in the listing rules for the Kauai and Niihau plants (56 FR 
1450, 56 FR 47695, 56 FR 49639, 56 FR 55770, 57 FR 20580, 57 FR 20772, 
57 FR 20787, 57 FR 27859, 57 FR 46325, 59 FR 9304, 59 FR 10305, 59 FR 
49025, 59 FR 56330, 59 FR 56333, 61 FR 53070, 61 FR 53108, 61 FR 53124, 
and 61 FR 41020), and in the recovery plans for these species (Service 
1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, and 1999), and in the 
supporting documentation in the files at the Pacific Islands Office 
(See ADDRESSES section).
    (3) Comment: The proposal provides very limited information on the 
criteria and data used to determine the areas proposed as critical 
habitat. For example, some of the data used by the Service was 30 years 
old or older.
    Our Response: When developing the November 7, 2000, proposal to 
designate critical habitat for 76 plants from Kauai and Niihau, we used 
the best scientific and commercial data available at the time, 
including but not limited to, information from the known locations, 
site-specific species information from the HINHP database and our own 
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; the final listing rules for 
these species; information received at the three informational open 
houses held on Kauai at the Waimea Community Center, the Kauai War 
Memorial Convention Hall in Lihue, and the Kilauea Neighborhood Center, 
on October 19 to 21, 1999, respectively; recent biological surveys and 
reports; our recovery plans for these species; information received in 
response to outreach materials and requests for species and management 
information we sent to all landowners, land managers, and interested 
parties on the islands of Kauai and Niihau; discussions with botanical 
experts; and recommendations from the Hawaii Pacific Plant Recovery 
Coordinating Committee (HPPRCC) (Service 1994, 1995, 1996, 1997, 1998a, 
1998b, 1998c, 1999; HPPRCC 1998; HINHP Database 2000; CPC in litt. 
1999).
    We have revised the proposed designations to incorporate new 
information, and/or address comments and new information received 
during the comment periods. This additional information comes from the 
Geographic Information System (GIS) coverages (e.g. vegetation, soils, 
annual rainfall, elevation contours, land ownership); new information; 
completed recovery plans, and information received during the public 
comment periods and public hearings.
    (4) Comment: We received comments that the proposed critical 
habitat designations were not specific enough, and were over broad and 
therefore, failed to comply with Congressional intent to restrict 
critical habitat to those areas ``essential to the conservation of the 
species.'' On the other hand, we also received comments that the 
designation was not inclusive enough and failed to include areas where 
Kauai and Niihau plants have occurred and which are necessary for 
recovery of the species.
    Our Response: We used the best scientific information available to 
develop the November 7, 2000, proposal to designate critical habitat 
for 76 Kauai and Niihau plants. This information is detailed above in 
our response to Comment (3). Based on the information described above, 
we believe we have identified those areas essential to the conservation 
of the Kauai and Niihau plant species at issue in this proposed rule.
    (5) Comment: We are concerned that our property infrastructure 
(i.e., roads, buildings, etc.) is within proposed critical habitat 
boundaries, even though it does not contain any habitat for listed 
plants. Areas seaward of the vegetation line were included in the maps. 
Also, Units J, G, and H (on Navy lands) appear to include missile 
launch pads, buildings, towers, and paved roads. Modify specific units 
in order to avoid areas where existing projects (i.e., agricultural 
lands with irrigation infrastructure) are planned or may occur.
    Our Response: When delineating critical habitat units, we made an 
effort to avoid developed areas such as towns, agricultural lands, and 
other lands

[[Page 3984]]

unlikely to contribute to the conservation of these species. Existing 
features and structures within proposed areas, such as buildings, 
roads, aqueducts, telecommunications equipment, telemetry antennas, 
radars, missile launch sites, arboreta and gardens, heiau (indigenous 
places of worship or shrines), and other man-made features do not 
contain, and are not likely to develop, constituent elements, and would 
be specifically excluded from designation under this proposed rule. 
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.
    (6) Comment: The presence of non-native plants makes habitat 
unsuitable and inappropriate for designation as critical habitat.
    Our Response: The presence of non-native plant competitors does not 
preclude designation of an area as critical habitat, if the area 
contains physical and biological features that are essential to the 
conservation of the species, and that may require special management 
considerations or protection. We defined the primary constituent 
elements on the basis of the habitat features of the areas in which the 
plants are reported from, such as the type of plant community, 
associated native plant species, locale information (e.g., steep rocky 
cliffs, talus slopes, stream banks), and elevation.
    (7) Comment: The Service avoided a statutory obligation to 
determine whether the benefits of excluding particular areas (e.g., 
areas with conservation agreements, etc.) from critical habitat 
designation outweigh the benefits of including each area.
    Our Response: Section 4(b)(2) of the Act requires that we consider 
the economic and other impacts of critical habitat designation and 
allows us to exclude potentially suitable areas when the benefits of 
exclusion outweigh the benefits of designation, provided the exclusion 
will not result in the extinction of the species. We base our decision 
to exclude an area from critical habitat designation on the best 
scientific data available, taking into consideration the economic and 
other impacts of specifying any particular area as critical habitat. We 
completed an economic analysis of the November 7, 2000, proposal. 
However, we will revise that analysis to reflect this new proposal and 
provide another opportunity for public comment. We will use that final 
economic analysis in determining whether exclusions under section 
4(b)(2) are appropriate (see 50 CFR 424.19).
    We will provide technical assistance and work closely with 
applicants throughout the development of any future Habitat 
Conservation Plans (HCPs) or other conservation plans to identify lands 
essential for the long-term conservation of the Kauai and Niihau plants 
and appropriate management for those lands. If an HCP or other 
conservation management plan is approved by us, we will reassess the 
critical habitat boundaries in light of the conservation plan. We will 
seek to undertake this review when an HCP or conservation management 
plan is approved, but funding constraints may influence the timing of 
such a review.

Issue 2: Site-Specific Biological Comments

    (8) Comment: Critical habitat should be designated for Phyllostegia 
waimeae and Melicope quadrangularis because habitats have not been 
adequately surveyed and these species may still be extant in the wild.
    Our Response: We have revised the November 7, 2000, proposal to 
designate critical habitat for 76 plants from Kauai and Niihau to 
incorporate new information and/or address comments and new information 
received during the comment periods including information on the recent 
rediscovery in August 2000 of Phvllostegia waimeae on Kauai. In light 
of this new information we have reconsidered an earlier not prudent 
finding and determine that the designation of critical habitat is 
prudent for Phvllostegia waimeae. We determined on November 7, 2000, 
that critical habitat designation is not prudent for Melicope 
quadrangularis because it has not been seen recently in the wild on 
Kauai and no viable genetic material of this species is known to exist. 
Therefore, critical habitat designation would be of no benefit to this 
species and no change is made to that determination here. If this 
species is rediscovered we may revise this proposal to incorporate or 
address new information as new data becomes available.
    (9a) Comment: Critical habitat should be designated for Pritchardia 
or loulu palm species if the units are of adequate ecological size and 
because the habitat is too inaccessible and remote for vandals. (9b) 
Comment: Critical habitat for Pritchardia should not be designated 
because of previous acts of vandalism to listed plant species.
    Our Response: We have revised the November 7, 2000, proposal to 
designate critical habitat for 76 plants from Kauai and Niihau to 
incorporate new information, and/or address comments and new 
information received during the comment periods. However, no additional 
information was provided during the comment periods that would ensure 
the protection of Pritchardia from vandalism or collection if critical 
habitat was designated for the three Kauai and Niihau species. We 
believe that the benefits of designating critical habitat do not 
outweigh the potential increased threats from vandalism or collection 
of these three species of Pritchardia.
    (10) Comment: Include Sesbania tomentosa on the border of the 
Navy's PMRF at Barking Sands and Munroidendron racemosum on the border 
of unit E.
    Our Response: We have revised the November 7, 2000, proposal to 
designate critical habitat for 76 plants from Kauai and Niihau to 
incorporate new information, and/or address comments and new 
information received during the comment periods, including information 
on Sesbania tomentosa and Munroidendron racemosum. We have proposed 
critical habitat for Sesbania tomentosa in units Kauai D, H, and I; and 
for Munroidendron racemosum in units Kauai B, E, I, J and O in this 
revised rule.
    (11) Comment: U.S. Navy lands should be excluded from the critical 
habitat designation because protections and management afforded the 
Kauai and Niihau plants under the Integrated Natural Resource 
Management Plans (INRMP), pursuant to the Sikes Act and amendments, and 
under existing programmatic biological opinions were sufficient, 
thereby resulting in these lands not requiring special management or 
protection and not meeting the definition of critical habitat. In 
addition, the PMRF should be excluded from critical habitat because its 
existing programmatic, habitat-based management efforts reflected in 
the Cooperative Agreement for the Conservation and Management of Fish 
and Wildlife Resources at Pacific Missile Range Facility, Barking 
Sands, Kauai, Hawaii, and signed between the Service and the Navy in 
1986, ensures long-term conservation of Federal trust species. 
Furthermore, designation of critical habitat would detrimentally 
restrain and limit the installation's flexibility, adversely affecting 
its ability to perform its national defense mission.
    Our Response: We agree that an INRMP can provide special management 
for lands such that they no longer meet the definition of critical 
habitat when the plan meets the following criteria: (1)

[[Page 3985]]

The plan must be complete and provide a conservation benefit to the 
species, (2) the plan must provide assurances that the conservation 
management strategies will be implemented, and (3) the plan must 
provide assurances that the conservation management strategies will be 
effective, i.e., provide for periodic monitoring and revisions as 
necessary. If all of these criteria are met, the lands covered under 
the plan would no longer meet the definition of critical habitat.
    We believe that occupied and unoccupied areas that contain the 
primary constituent elements for plants occurring on the Barking Sands 
and Makaha Ridge Facility lands are needed for recovery of these 
species. Management at the Barking Sands and Makaha Ridge Facility 
lands currently consists of restricting human access and mowing 
landscaped areas. These actions alone are not sufficient to address the 
factors inhibiting the long-term conservation of Panicum niihauense and 
Wilkesia hobdyi and address the primary threats to these species. Also, 
we believe that the INRMP may not ensure that appropriate conservation 
management strategies will be adequately funded or effectively 
implemented. Therefore, we cannot at this time find that management on 
these lands under Federal jurisdiction is adequate to preclude a 
proposed designation of critical habitat. If the Navy completes and 
implements an INRMP or other endangered species management plans that 
addresses the maintenance and improvement of the essential elements for 
these two plant species, and provides for their long-term conservation 
and assurances that it will be implemented, we will reassess the 
critical habitat boundaries in light of these management plans. Also, 
we may exclude these military lands under section 4(b)(2) of the Act if 
the benefits of exclusion outweigh the benefits of including the areas 
within critical habitat, provided the exclusion will not result in 
extinction of the species.
    (12) Comment: The State of Hawaii identified specific areas that 
they thought should not be designated as critical habitat.
    Our Response: During the public comment periods for the November 7, 
2000, proposal for plants from Kauai and Niihau, we received written 
comments and a map showing the DOFAW's vegetation classes and 
recommended critical habitat units. We have revised the November 7, 
2000, proposed designations to incorporate new information, and/or 
address comments and new information received during the comment 
periods, including information received from DOFAW.
    We evaluated DOFAW's comments on a species by species basis and 
incorporated information that was consistent with our methodology. 
DOFAW recommended deletion of some of the proposed critical habitat 
units as they do not believe these areas are suitable for the recovery 
of some species because they (DOFAW) would not be able to manage these 
areas with their limited staff and funding. Because the basis for 
identifying areas by DOFAW was made on the manageability of the area, 
their mapping of habitat is distinct from the regulatory designation of 
critical habitat as defined by the Act.

Issue 3: Legal Issues

    (13) Comment: A premise for the proposed rule is that the Service 
was ordered by the court on August 10, 1998, to designate critical 
habitat by November 30, 2000. The court may not order critical habitat 
to be designated. Rather, the court may order the Service to make a 
decision on whether to designate critical habitat. The designation of 
critical habitat is an action that is ultimately discretionary, and the 
Service must apply the criteria in the Act and its regulations to 
decide whether to designate critical habitat. Thus, the Service should 
seek correction of that court order and reconsider whether, and to what 
extent, critical habitat should be designated.
    Our Response: As stated earlier, 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). Among other things, 
the court did not order us to designate critical habitat for all 
species. In fact, the court state that it ``expresse[d] no opinion as 
to whether or not critical habitat should be designated for any of the 
subject species.'' (24 F. Supp. at 1288). Instead, Judge Kay remanded 
our 245 ``not prudent'' decisions to the Service to consider 
designation of critical habitat consistent with his opinion (Id. at 
1288-89). The court explicitly stated that the designation of critical 
habitat was beneficial because it: (1) Triggers 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) 
focuses conservation activities on the most essential areas; (3) 
provides educational benefits to State or county governments or private 
entities; and (4) prevents people from causing inadvertent harm to the 
species (see 24 Supp.2d 1280 for the full text of Judge Kay's opinion). 
In the November 7, 2000, proposal we published proposed determinations 
of whether designation of critical habitat is prudent for 81 plants 
from Kauai and Niihau, and proposed designations of critical habitat 
for 76 of those plants. We have revised the proposed designations to 
incorporate new information, and/or address comments and new 
information received during the comment periods.
    (14a) Comment: In the State of Hawaii, Native Hawaiians have a 
constitutional right to access and gather certain resources for 
traditional and cultural purposes. The proposal will limit and 
extinguish these rights. (14b) Comment: The designations of areas as 
critical habitat will affect human access to those areas. (14c) 
Comment: Hunting and recreational opportunities need to be considered 
when designating critical habitat. Also, the designation of critical 
habitat will prohibit recreational, commercial, and subsistence 
activities from taking place, as well as access for these activities.
    Our Response: Critical habitat designation does not affect 
activities, including human access, on State or private lands unless 
some sort of Federal permit, license, or funding is involved and the 
activities may affect the species. It imposes no regulatory 
prohibitions on State or other non-Federal lands, nor does it impose 
any restrictions on State or non-Federal activities that are not funded 
or authorized by any Federal agencies.
    Access to Federal lands that are designated as critical habitat is 
not restricted unless access is determined to result in the destruction 
or adverse modification of the critical habitat. If we determine that 
access will result in adverse modification of the critical habitat, we 
will suggest reasonable or prudent alternatives.
    Activities of the State or private landowner or individual, such as 
farming, grazing, logging, and gathering generally are not affected by 
a critical habitat designation, even if the property is within the 
geographical boundaries of the critical habitat. A critical habitat 
designation has no regulatory effect on access to State or private 
lands. Recreational, commercial, and subsistence activities, including 
hunting, on non-Federal lands are not regulated by this critical 
habitat designation, and may be impacted only where there is Federal 
involvement in the action and the action is likely to destroy or 
adversely modify critical habitat.

[[Page 3986]]

    (15) Comment: The Service needs to make its decisions on objective 
studies based on science rather than let the courts dictate its 
decisions.
    Our Response: We must comply with the orders of Federal courts. See 
also our response to comment 13. When developing the proposed critical 
habitat designations, we used the best scientific and commercial data 
available at the time. We have revised the proposed designations to 
incorporate new information, and/or address comments and new 
information received during the comment periods. All of the information 
that we used in our decision-making process is part of our 
administrative record and can be reviewed at the Pacific Islands Field 
Office (see ADDRESSES section).

Issue 4: Section 7 Consultation Issues

    (16) Comment: Does section 7 apply to State and county agencies 
with permit authority such as the Hawaii Pollution Discharge 
Elimination System permit issued by the State of Hawaii and authorized 
by the Environmental Protection Agency, and programs administered under 
the Natural Resources Conservation Service?
    Our Response: Section 7 of the Act requires each Federal agency to 
ensure that any action they authorize, fund, or carry out is not likely 
to jeopardize the continued existence of any listed species, or result 
in the destruction or adverse modification of critical habitat. Section 
7 also requires that Federal agencies consult with us if their actions 
may affect a listed species. State or county agencies are not required 
to consult with us under section 7 of the Act if their programs are not 
authorized, permitted, or funded by a Federal agency.
    The Environmental Protection Agency (EPA) may delegate the National 
Pollutant Discharge Elimination System (NPDES) permit authority to the 
State. Therefore, any individual permit that is issued by the State of 
Hawaii is not subject to section 7 consultation. Instead, procedures in 
the January 2001 Memorandum Of Understanding between ourselves and the 
EPA would apply. These procedures provide for us to notify EPA of any 
concerns we may have with individual permits, and the EPA would take 
corrective action if an individual permit has severe enough impacts on 
a listed species or designated critical habitat and the State fails to 
correct the problem. The Natural Resources Conservation Service (NRCS) 
does consult with us on projects and specific actions that they fund, 
authorize, or permit.
    (17) Comment: The State of Hawaii endangered species law does not 
require critical habitat.
    Our Response: There is no State equivalent of critical habitat 
designation under the State of Hawaii's endangered species law. 
However, the Federal Endangered Species Act of 1973, as amended, is 
applicable to all federally listed species, including those in the 
State of Hawaii.

Issue 5: Mapping and Primary Constituent Elements

    (18a) Comment: The designated areas are too large. (18b) Comment: 
The units are not large enough, and don't allow for changes that occur 
during known environmental processes.
    Our Response: We have revised the proposed designations to 
incorporate new information, and/or address comments and new 
information received during the comment periods. Areas that contain 
habitat necessary for recovery were identified and delineated on a 
species by species basis. When species units overlapped, we combined 
units for ease of mapping (see also Methods section). The areas we are 
proposing to designate as critical habitat provide some or all of the 
habitat components essential for the conservation of these plant 
species.
    (19) Comment: Map exhibits in the proposed rule and at the public 
hearings did not show enough detail.
    Our Response: The maps in the Federal Register are meant to provide 
a general location and shape of critical habitat. At the public 
hearing, these maps were expanded to wall-size to assist the public in 
better understanding the proposal. These larger scale GIS products also 
were provided to individuals upon request. The legal descriptions are 
readily plotted and transferable to a variety of mapping formats.
    (20) Comment: Once the designations are made, they will become 
permanent.
    Our Response: The Act specifically provides that we may, from time 
to time, revise designations as appropriate (16 U.S.C. 1533(a)(3)(B). 
Thus, if new information indicates any of these areas should not be 
included in the critical habitat designations because they no longer 
meet the definition of critical habitat, under the section 3(5)(A) 
definition, or because the benefits of exclusion outweigh the benefits 
of designation, provided the exclusion will not result in the 
extinction of the species, under section 4(b)(2), we may revise 
critical habitat designations to exclude these areas. Also, we can 
always revise the critical habitat designations to add land at a later 
date. Critical habitat designations are removed at the time a species 
is no longer protected under the Act (i.e., delisted).

Issue 6: Definition of Critical Habitat

    (21) Comment: Critical habitat is being designated in otherwise 
protected areas, such as State conservation lands, Navy lands with an 
INRMP, and State parks. Managers should have the opportunity to 
implement management actions that would avoid the additional regulatory 
burden of critical habitat.
    Our Response: In the November 7, 2000, proposal we examined all 
currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of the 
Kauai and Niihau plant species 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 and progress reports; management plans; grants; 
memoranda of understanding and cooperative agreements; DOFAW planning 
documents; internal letters and memos; biological assessments and 
environmental impact statements; and section 7 consultations. 
Additionally, each public (i.e., county, State, or Federal government 
holdings) and private landowner on the islands of Kauai and Niihau with 
a known occurrence of one of the plant species was contacted by mail. 
We reviewed all information received in response to our landowner 
mailing and open houses held at three locations (Waimea, Lihue, and 
Kilauea) on the island of Kauai from October 19 to 21, 1999. When 
clarification was required on the information provided to us, we 
followed up with a telephone contact. Because of the large amount of 
land on the island of Kauai under State of Hawaii jurisdiction, we met 
with staff from Kauai's DOFAW office and Kauai State Parks to discuss 
their current management for the plants on their lands. And, we 
contacted the State's Department of Hawaiian Home Lands (DHHL) 
regarding management for the plants on lands under their jurisdiction. 
In addition, we reviewed new biological information and public comments 
received during the public comment periods and at the public hearing.
    With regard to the areas newly proposed for designation by this 
revised proposal, we have also reviewed any management information 
available to use at this time. In addition, we are requesting 
information on management

[[Page 3987]]

of these lands during the comment period. Pursuant to the definition of 
critical habitat in section 3 of the Act, the primary constituent 
elements as found in any area so designated must also require ``special 
management 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. We consider a plan 
adequate when it: (1) 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) 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 for the 
management plan); and, (3) 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 achieves 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 because the primary constituent 
elements found there are not in need of special management.
    Based upon review of the information available to us at this time, 
we have not been able to find that management on these lands is 
adequate to preclude proposed designations of critical habitat. We are 
aware that the State of Hawaii, the Navy, and other private landowners 
are considering the development of land management plans or agreements 
that may promote the conservation of endangered and threatened plant 
species on the island of Kauai. We support these efforts, and we view 
such plans as important in helping meet species recovery goals, and 
ultimately can result in delisting of the species. We intend to work 
closely with any interested landowner or land manager in the 
development of conservation planning efforts for these, and other, 
endangered and threatened plants. If new information indicates any of 
these areas should not be included in the critical habitat designations 
because they no longer meet the definition of critical habitat, we may 
revise the proposed critical habitat designations in this proposal to 
exclude these areas. We agree that implementation of management actions 
for the conservation of these species should proceed; however, both the 
Act and the relevant court order requires us to proceed with 
designation at this time based on the best information available.
    (22) Comment: Critical habitat for Kauai and Niihau plants is not 
determinable because their biological needs are not sufficiently known. 
Hawaiian plants are ``biologically incompetent'' and cannot maintain 
self-sustaining wild populations. Recovery plans for the species 
recommend significant research; without such information it cannot be 
determined with reasonable scientific certainty which areas are 
essential to the species.
    Our Response: We are required under section 4 of the Act to 
designate critical habitat based on what we know at the time of 
designation. When we designate critical habitat at the time of listing, 
or, as in this case, under 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 designation on the best available information we have at the time.
    (23) Comment: There is no direct relationship between the recovery 
plans for these species and critical habitat.
    Our Response: Development and completion of the recovery plans and 
designation of critical habitat for these plant species are two 
separate processes with two separate timeframes. The recovery plans for 
these species were completed between 1994 and 1999. We recognize that 
information contained within the recovery plans is directly relevant to 
the development of the critical habitat designations, and we relied 
heavily upon them. In 1994, the HPPRCC initiated an effort to identify 
and map habitat it believed to be important for the recovery of 282 
endangered and threatened Hawaiian plant species. The HPPRCC identified 
these areas on most of the islands in the Hawaiian chain, and in 1999, 
we published them in our Recovery Plan for the Multi-Island Plants 
(Service 1999). The HPPRCC expects there will be subsequent efforts to 
further refine the locations of important habitat areas, and that new 
survey information or research finding may also lead to additional 
refinements. 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. More data has been collected since the 
recommendations made by the HPPRCC in 1998. Much of the area that was 
identified by the HPPRCC as inadequately surveyed has now been surveyed 
in some way. New location data for many species has been gathered. 
Also, the HPPRCC identified areas as essential based on species 
clusters (areas that included listed species as well as candidate 
species, and species of concern) while we have only delineated areas 
that are essential for the conservation of the listed species at issue. 
As a result, the proposed critical habitat designations in this revised 
proposed rule include habitat that was not identified as essential in 
the 1998 recommendations.

Issue 7: Effects of Designation

    (24) Comment: Designation of critical habitat will result in 
restrictions on subsistence hunting and State hunting programs funded 
under the Federal Aid in Wildlife Restoration Program (Pittman-
Robertson program).
    Our Response: We believe that game bird and mammal hunting in 
Hawaii is an important recreational and cultural activity, and we 
support the continuation of this tradition. The designation of critical 
habitat requires Federal agencies to consult under section 7 of the Act 
with us on actions they carry out, fund, or authorize that might 
destroy or adversely modify critical habitat. This requirement applies 
to us and includes funds distributed by the Service to the State 
through the Federal Aid in Wildlife Restoration Program (Pittman-
Robertson Program). Under the Act, activities funded by us or other 
Federal agencies can not result in jeopardy to listed species, and they 
can not adversely modify or destroy critical habitat. It is well 
documented that game mammals affect listed plant and animal species. In 
such areas, we believe it is important to develop and implement sound 
land management programs that provide both for the recovery of listed 
species and for continued game hunting. We are committed to working 
closely with the State and other interested parties to ensure that game 
management programs are implemented consistent with this need.
    (25) Comment: Critical habitat could be the first step toward 
making the area a national park or refuge.
    Our Response: Critical habitat designation does not in any way 
create a wilderness area, preserve, national park, or wildlife refuge, 
nor does it close an area to human access or use. It's regulatory 
implications apply only to activities sponsored at least in part by

[[Page 3988]]

Federal agencies. Land uses such as logging, grazing, and recreation 
that may require Federal permits may take place if they do not 
adversely modify critical habitat. Critical habitat designations do not 
constitute land management plans.
    (26) Comment: The designation of critical habitat would justify the 
``destruction of private property rights,'' harassment from Federal 
agents, and lawsuits.
    Our Response: Section 3(5) of the Act defines critical habitat as 
those specific areas which contain physical or biological features 
essential to the conservation of the species and which may require 
special management considerations or protection (16 U.S.C. 1532(5)). 
Designations of critical habitat are to be made on the basis of the 
best scientific and commercial data available, after taking into 
account the economic and other relevant impacts of specifying any area 
as critical habitat (16 U.S.C. 1533(b)(2)). An area may be excluded 
from designation as critical habitat if the Secretary determines the 
benefits of excluding the area outweigh the benefits of designating the 
area as critical habitat (and provided the exclusion would not result 
in the extinction of the species).
    To a property owner, the designation of critical habitat becomes 
important when viewed in the context of section 7 of the Act, which 
requires all Federal agencies to ensure, in consultation with the 
Service, that any action authorized, funded, or carried out by the 
agency does not result in the destruction or adverse modification of 
designated critical habitat. If, after consultation, our biological 
opinion concludes that a proposed action is likely to result in the 
destruction or adverse modification of critical habitat, we are 
required to suggest reasonable and prudent alternatives to the action 
which would avoid the destruction or adverse modification of the 
critical habitat (16 U.S.C. 1536(b)(3)(A)). If we cannot suggest 
acceptable reasonable and prudent alternatives, the agency (or the 
applicant) may apply for an exemption from the Endangered Species 
Committee under section 7(e)-(p) of the Act.
    The mere promulgation of a regulation, like the enactment of a 
statute, does not take private property unless the regulation on its 
face denies the property owners all economically beneficial or 
productive use of their land (Agins v. City of Tiburon, 447 U.S. 255, 
260-263 (1980); Hodel v. Virginia Surface Mining and Reclamation Ass'n, 
452 U.S. 264, 195 (1981); Lucas v. South Carolina Coastal Council, 505 
U.S. 1003, 1014 (1992)). The designation of critical habitat alone does 
not deny anyone economically viable use of their property. The Act does 
not automatically restrict all uses of critical habitat, but only 
imposes restrictions under section 7(a)(2) on Federal agency actions 
that may result in destruction or adverse modification of designated 
critical habitat. Furthermore, as discussed above, if a biological 
opinion concludes that a proposed action is likely to result in 
destruction or modification of critical habitat, we are required to 
suggest reasonable and prudent alternatives.
    We are aware of relatively few activities in the proposed critical 
habitat areas for these 83 plants that have Federal involvement, and 
thus, would require consultation or reinitiation of already completed 
consultations for on-going projects. We are not aware of any commercial 
activities on the Federal lands included in these proposed critical 
habitat designations.
    Since these 83 plant species were listed (between 1990 and 1996), 
there have been no formal consultations on them, and we have conducted 
only one informal consultation on Kauai, in addition to consultations 
on purely Federal activities (ie. Defense installations). That informal 
consultation was conducted with the NRCS through their Wildlife 
Incentive Program for noxious weed control actions on leased cabin lots 
within Kokee State Park. NRCS does not anticipate the need to 
reinitiate consultation for these on-going actions as these actions are 
not occurring within the areas of proposed critical habitat (Terrell 
Kelly, NRCS, pers. comm., 2001). There have been no consultations on 
any of these 83 species on the island of Niihau.
    Nearly all of the land within the critical habitat units is 
unsuitable for development or economically productive land uses because 
of the remote locations, lack of access, and rugged terrain of these 
lands. Also, nearly all of this land (99.2 percent) is within the State 
Conservation District where State land-use controls severely limit 
development and most activities. Approximately 0.7 percent of this land 
is within the State Agricultural District, and about 0.1 percent is 
within the State Urban District.
    The limited economic activities that may occur consist of 
improvements to roads and communications and tracking facilities; 
recreational use such as hiking, camping, picnicking, game hunting, and 
fishing; botanical gardens; and crop farming. On lands that are in 
agricultural production, the types of activities that might trigger a 
consultation include irrigation ditch system projects that may require 
section 404 authorizations from the Corps, and watershed management and 
restoration projects sponsored by NRCS.
    Lands that are within the State Urban District are located within 
undeveloped coastal areas. The types of activities that might trigger a 
consultation include shoreline restoration or modification projects 
that may require section 404 authorizations from the Corps or FEMA, 
housing or resort development that may require permits from the 
Department of Housing and Urban Development, and activities funded or 
authorized by the EPA. However, we are not aware of a significant 
future activities that would require Federal permitting or 
authorization in these coastal areas.
    The entire island of Niihau is under one private ownership and 
within the State Agricultural District. The current and projected land 
uses on Niihau are cattle and sheep ranching, commercial game hunting, 
and military exercises to train downed combat pilots on how to evade 
capture (DAHI 2001).
    The kinds of actions that may be included in future reasonable and 
prudent alternatives include conservation set-asides, management of 
competing non-native species, restoration of degraded habitat, 
propagation, outplanting and augmentation of existing populations, 
construction of protective fencing, and periodic monitoring. These 
measures are not likely to result in a significant economic impact. In 
addition, all of these species are protected under the State of 
Hawaii's Endangered Species Act (Hawaii Revised Statutes, Chap. 195D-
4), and thus would have received some protections even without the Act.
    As required under section 4(b)(2) of the Act, we will conduct an 
analysis of the potential economic impacts of this proposed critical 
habitat designation, and will make that analysis available for public 
review and comment before finalizing these designations. However, court 
deadlines require us to publish this proposed rule before the economic 
analysis can be completed. In the absence of this economic analysis, we 
have reviewed our previously available draft economic analysis of the 
likely economic impacts of designating critical habitat for 76 plants 
from the islands of Kauai and Niihau (66 FR 13691). In that analysis, 
which included proposed designations of critical habitat within 23 
units on 24,349 ha (60,166 ac) on Kauai and 191 ha (471 ac) on Niihau, 
we determined that the designations would have modest economic impacts 
because nearly all of the land within the critical habitat units has 
limited suitability for development, land uses, and activities

[[Page 3989]]

because of the remote locations, lack of access, and rugged terrain, of 
the land, and their inclusion within the State Conservation District 
where State land-use controls severely limit development and most 
activities. The proposed critical habitat designations were expected to 
cause little or no increase in the number of section 7 consultations; 
and few, if any, increases in costs of projects or delays in, or 
modifications to planned projects, land uses and activities.

Issue 8: Economic Issues

    (27) Comment: We should have been directly contacted for our 
opinions on the economic impacts of critical habitat designation.
    Our Response: The methodogy outlined in the economic analysis 
report relies primarily on information provided by the Service, the 
State of Hawaii's Department of Land and Natural Resources (DNLR), and 
the consultant, Decision Analysts Hawaii, Inc. (DAHI). To better 
understand the concerns of stakeholders, the Service solicited comments 
and suggestions from the public, other concerned government agencies, 
the scientific community, industry, and other interested parties 
concerning aspects of the proposed rule and the proposed critical 
habitat. These comments and suggestions were taken into consideration 
in conducting the economic analysis. Additional clarifications were 
obtained directly from landowners and other parties.
    In addition, we have revised the November 7, 2000, proposed 
designations to incorporate new information, and/or address comments 
and new information received during the three comment periods. In 
addition, we will conduct an analysis of the economic impacts of 
designating these areas as critical habitat prior to a final 
determination and revise the economic analysis. When completed, we will 
announce the availability of the draft revised economic analysis with a 
notice in the Federal Register, and we will open a 30-day public 
comment period on the revised draft economic analysis and proposed rule 
at that time. In addition, we will mail letters to landowners and other 
interested parties and publish a notice in the Garden Island newspaper 
announcing the availability of and seeking public comment on the draft 
economic analysis and proposed rule. We would strongly encourage anyone 
who has information or opinions concerning the economic impacts of this 
proposal to provide them to us.
    (28) Comment: The Service failed to properly consider the economic 
(e.g., costs associated with hunting, costs associated with section 7 
consultation, etc.) and other impacts (e.g., special management 
protections on private lands, planned highway projects, diminished 
activities on military lands, etc.) of designating particular areas as 
critical habitat.
    Our Response: We originally proposed designation of critical 
habitat for 76 plants from the islands of Kauai and Niihau on November 
7, 2000. On March 7, 2001, we published a notice announcing the 
availability of the draft economic analysis on the November 7, 2000, 
proposal. That draft economic analysis concluded that for the most part 
the critical habitat designations for Kauai and Niihau generally will 
have modest economic impacts. They are expected to cause little or no 
increase in the number of section 7 consultations with the Service; 
few, if any, increases in costs associated with consultations; and few, 
if any delays in, or modifications to planned projects, land uses and 
activities. These findings reflect the following:

--Nearly all of the land within the critical habitat units is 
unsuitable for development as well as for most projects, land uses, and 
activities. This is due to the remote locations, lack of access, and 
rugged terrain.
--On Kauai, nearly all of this land (98.5 percent) is within the State 
Conservation District where State land-use controls, severely limits 
development and most activities.
--Very few of the current and planned projects, land uses, and 
activities that could affect the proposed critical habitat units have a 
federal involvement requiring section 7 consultations with the Service, 
so they are not restricted by the Service requirements.
--And most of the activities that do have federal involvement are 
operations and maintenance of existing facilities and structures, so 
they would not be impacted by the critical habitat designation.

    We have revised the proposed designations to incorporate new 
information, and/or address comments and new information received 
during the comment periods. In addition, we will conduct another 
analysis of the economic impacts of designating these areas as critical 
habitat prior to a final determination. When completed, we will 
announce the availability of the draft economic analysis with a notice 
in the Federal Register, and we will open a 30-day public comment 
period on the draft economic analysis and proposed rule at that time.

Summary of Changes From the Previous Proposal

    We originally determined that designation of critical habitat, for 
76 plants from the islands of Kauai and Niihau on November 7, 2000. 
These species are: Adenophorus periens, Alectryon macrococcus, 
Alsinidendron lychnoides, Alsinidendron viscosum, Bonamia menziesii, 
Brighamia insignis, Centaurium sebaeoides, Chamaesyce halemanui, Cyanea 
asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia pallida, 
Dubautia latifolia, Dubautia pauciflorula, Euphorbia haeleeleana, 
Exocarpos luteolus, Flueggea neowawraea, Gouania meyenii, Hedyotis 
cookiana, Hedyotis st.-johnii, Hesperomannia lydgatei, Hibiscadelphus 
woodii, Hibiscus clayi, Hibiscus waimeae ssp. hannerae, Isodendrion 
laurifolium, Isodendrion longifolium, Kokia kauaiensis, Labordia 
lydgatei, Labordia tinifolia var. wahiawaensis, Lipochaeta fauriei, 
Lipochaeta micrantha, Lipochaeta waimeaensis, Lobelia niihauensis, 
Lysimachia filifolia, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Panicum niihauense, Peucedanum sandwicense, Phyllostegia 
knudsenii, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, 
Schiedea helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea 
nuttallii, Schiedea spergulina var. leiopoda, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, Sesbania tomentosa, Solanum 
sandwicense, Spermolepis hawaiiensis, Stenogyne campanulata, Viola 
helenae, Viola kauaiensis var. wahiawaensis, Wilkesia hobdyi, Xylosma 
crenatum, and Zanthoxylum hawaiiense. No change is made to these 
prudency determinations in this revised proposal and they are hereby 
incorporated by reference (65 FR 66808). In this proposal we have 
revised the proposed designations for the 76 plants based on new 
information received during the comment periods. In addition, we 
incorporate new information, and/or address comments and new 
information received during

[[Page 3990]]

the comment periods on the November 7, 2000, proposal.
    In the November 7, 2000, proposal we did not propose critical 
habitat for three species of loulu palm, Pritchardia aylmer-robinsonii, 
P. napaliensis, and P. viscosa. We determined that critical habitat 
designation was not prudent because it would likely increase the 
threats from vandalism or collection of these species on Kauai and 
Niihau. No change is made to these determinations here and they are 
hereby incorporated by reference (65 FR 66808). In that proposal, we 
also determined that critical habitat was not prudent for Melicope 
quadrangularis and Phyllostegia waimeae, two species endemic to Kauai, 
because they had not been seen recently in the wild, and no viable 
genetic material of these species was known to exist. Due to new 
information received during the comment periods regarding the 
rediscovery of Phyllostegia waimeae on Kauai, we have reconsidered our 
earlier finding and determine that critical habitat is prudent for this 
species because we believe that such designation would be beneficial to 
this species. Designation of critical habitat is proposed for this 
species on Kauai. No change is made here to the November 7, 2000, not 
prudent determination for Melicope quadrangularis and it is hereby 
incorporated by reference (65 FR 66808).
    In the November 7, 2000, proposal we did not determine prudency nor 
propose designation of critical habitat for 14 species that no longer 
occur on Kauai and Niihau but are reported from one or more other 
islands. We determined that critical habitat was prudent and proposed 
designation of critical habitat for nine of these species (Ctenitis 
squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus 
manni, Silene lanceolata, and Vigna o-wahuensis) in other proposed 
rules published on December 18, 2000 (Maui and Kahoolawe), on December 
27, 2000 (Lanai), and on December 29, 2000 (Molokai). In this proposal, 
no change is made to the earlier prudency determinations for these nine 
species and they are hereby incorporated by reference (65 FR 79192, 65 
FR 82086, 65 FR 83158). In this proposal, we propose designation of 
critical habitat for Ctenitis squamigera, Diellia erecta, Diplazium 
molokaiense, Ischaemum byrone, and Mariscus pennatiformis on the island 
of Kauai, based on new information and information received during the 
comment periods on the November 7, 2000, proposal. Critical habitat is 
not proposed for Hibiscus brackenridgei, Phlegmariurus manni, Silene 
lanceolata, and Vigna o-wahuensis on the islands of Kauai and Niihau 
because we are unable to determine habitat which is essential to their 
conservation on these islands.
    No change is made here to the prudency determination for Acaena 
exigua, a species known only from Kauai and Maui, published in the 
proposed rule for Maui and Kahoolawe on December 18, 2000, and it is 
hereby incorporated by reference (65 FR 79192). In that proposal, we 
determined that critical habitat was no prudent for Acaena exigua 
because it had not been seen recently in the wild, and no viable 
genetic material was known to exist.
    In this proposal, we determine that critical habitat is prudent for 
four other species (Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, Solanum incompletum) for which prudency 
determinations have not been made previously, and that no longer occur 
on Kauai but are reported from one or more other islands. These four 
plants were listed as endangered species under the Act, between 1991 
and 1996. 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. In this proposal, we determine that critical habitat 
is prudent for these four species because we believe that such 
designation would be beneficial to these species. Critical habitat is 
proposed at this time for Phlegmariurus nutans on Kauai based on new 
information and information received during the comment periods on the 
November 7, 2000, proposal. Critical habitat is not proposed for 
Achyranthes mutica, Isodendrion pyrifolium, and Solanum incompletum on 
the islands of Kauai and Niihau because we are unable to determine 
habitat which is essential to their conservation on these islands.
    Based on a review of new biological information and public comments 
received we have revised our November 7, 2000, proposal to incorporate 
the following changes in addition to those described above: changes in 
our approach to delineating proposed critical habitat (see Criteria 
Used to Identify Critical Habitat); adjustment and refinement of 
previously identified critical habitat units to more accurately follow 
the natural topographic features and to avoid nonessential landscape 
features (agricultural crops, urban or rural development) without 
primary constituent elements; and, inclusion of new areas within the 
proposed critical habitat units that are essential for the conservation 
of one or more of the 83 plant species.

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. 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 regulatory protections under the Act.
    Critical habitat also provides non-regulatory benefits to the 
species by informing the public and private sectors of areas that are 
important for species recovery and where conservation actions would be 
most effective. Designation of critical habitat can help focus 
conservation activities for a listed species by identifying areas that 
contain the physical and biological features that are essential for the 
conservation of that species, and can alert the public as well as land-
managing agencies to the importance of those areas. Critical habitat 
also identifies areas that may require special management 
considerations or protection, and may help provide protection to areas 
where significant threats to the species have been identified to help 
to avoid accidental damage to such areas.

[[Page 3991]]

    In order to be included in a critical habitat designation, the 
habitat must be ``essential to the conservation of the species.'' 
Critical habitat designations identify, to the extent known and using 
the best scientific and commercial data available, habitat areas that 
provide at least one of the physical or biological features essential 
to the conservation of the species (primary constituent elements, as 
defined at 50 CFR 424.12(b)). Section 3(5)(C) of the Act states that 
not all areas that can be occupied by a species should be designated as 
critical habitat unless the Secretary determines that all such areas 
are essential to the conservation of the species. Our regulations (50 
CFR 424.12(e)) also 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.''
    Section 4(b)(2) of the Act requires that we take into consideration 
the economic impact, and any other relevant impact, of specifying any 
particular area as critical habitat. We may exclude areas from critical 
habitat designation when the benefits of exclusion outweigh the 
benefits of including the areas within critical habitat, provided the 
exclusion will not result in extinction of the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published on July 1, 1994 (59 FR 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 that our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, 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 rule 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.
    Section 4 of the Act requires that we designate critical habitat 
based on what we know at the time of designation. 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, 
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) of 
the Act and to the regulatory protections afforded by the section 
7(a)(2) jeopardy standard and the section 9 prohibitions, as determined 
on the basis of the best available information at the time of the 
action. 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, HCPs, or other species conservation planning 
efforts if new information available to these planning efforts calls 
for a different outcome.
A. Prudency Redeterminations
    We originally determined that designation of critical habitat was 
prudent, and proposed designation of critical habitat for 76 plants 
from the islands of Kauai and Niihau on November 7, 2000. These species 
are: Adenophorus periens, Alectryon macrococcus, Alsinidendron 
lychnoides, Alsinidendron viscosum, Bonamia menziesii, Brighamia 
insignis, Centaurium sebaeoides, Chamaesyce halemanui, Cyanea 
asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia pallida, 
Dubautia latifolia, Dubautia pauciflorula, Euphorbia haeleeleana, 
Exocarpos luteolus, Flueggea neowawraea, Gouania meyeniii, Hedyotis 
cookiana, Hedyotis st.-johnii, Hesperomannia lydgatei, Hibiscadelphus 
woodii, Hibiscus clayi, Hibiscus warmeae ssp. hannetae, Idsodendrion 
laurifolium, Isodendrion longifolium, Kokia kauaiensis, Labordia 
lydgatei, Labordia tinifolia var. wahiawaensis, Lipochaeta fauriei, 
Lipochaeta micrantha, Lipochaeta waimeaensis, Lobelia niihauensis, 
Lysimachia filifolia, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Panicum niihauense, Peucedanum sandwicense, Phyllostegia 
knudsenii, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, 
Schiedea helleri, Schiedea kauaiensis, Schiendea membranacea, Schieda 
nuttallii, Schiedea spergulina var. leiopoda, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, Sesbania tomentosa, Solanum 
sandwicense, Spermolepis hawaiiensis, Stenogyne campanulata, Viola 
helenae, Viola kauaiensis var. wahiawaensis, Wilkesia hodbdvi, Xylosma 
crenatum, and Zanthoxylum hawaiiense. No change is made to these 
prudency determinations in this revised proposal and they are hereby 
incorporated by reference (65 FR 66808).
    In the November 7, 2000, proposal we did not propose critical 
haibtat for three species of loulu palm, Pritchardia aylmer-robinsonii, 
P. napalienses, and P. viscosa. Since publication of the listing rule 
for Pritchardia aylmer-robinsonii, P. napalienses, and P. viscosa, we 
learned of instances of vandalism, collection, and commercial trade 
involving these three species of Pritchardia (65 FR 66808). In light of 
this information, we believed that the designation of critical habitat 
would likely increase the threat to these three species of Pritchardia 
on Kauai and Niihau from vandalism and collection. We determined that 
the benefits of designation critical habitat designation did not 
outweigh the potential increased threats from vandalism or collection. 
Given these considerations, we determined that designation of critical 
habitat for Pritcharida aylmer-robinsonii, P. napalienses, and P. 
viscosa was not prudent. During the public comment periods for the 
November 7, 2000, proposal two commenters suggested that critical 
habitat should be designated for these three species of palm if the 
units are of adequate ecological size or because the habitat is too 
inaccessible and remote for vandals. We also received comments that 
critical habitat should not be designated for these three species of 
palm because of previous acts of vandalism to listed plant species. 
Given the considerations described in the November 7, 2000, proposal 
regarding instances of vandalism, collection, and commercial trade of 
these species no change is made to the earlier prudency determinations 
for Pritcharida aylmer-robinsonii, P. napalienses, and P. viscosa in 
this proposal and they are hereby incorporated by reference (65 FR 
66808).
    In the November 7, 2000, proposal, we determined that critical 
habitat was not prudent for Melicope

[[Page 3992]]

quadrangularis and Phyllostegia waimeae, two species endemic to Kauai, 
because they had not been seen recently in the wild, and no viable 
genetic material of these species was known to exist. Therefore, such 
designation would be of no benefit to these species. Since publication 
of the November 7, 2000, proposal we received new information during 
the comment periods regarding the rediscovery in August 2000 of six 
individuals of Phyllostegia waimeae in Kawaiiki Valley on Kauai, and 
have reconsidered our earlier prudency finding. We examined the 
evidence available for this species and have not, at this time, found 
specific evidence of taking, vandalism, collection or trade of this 
species or of similar species. Consequently, while we remain concerned 
that these activities could potentially threaten Phyllostegia waimeae 
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 this species is currently threatened by taking or other 
human activity, which 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 Phyllostegia waimeae 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. 
Phyllostegia waimeae does not occur on Federal lands on Kauai where 
actions are subject to section 7 consultation. This species is located 
exclusively on State land with limited Federal activities, though there 
could be Federal actions affecting this land in the future. While a 
critical habitat designation for habitat currently occupied by 
Phyllostegia waimeae would not likely change the section 7 consultation 
outcome, since an action that destroys or adversely modifies such 
critical habitat would also be likely to result in jeopardy to the 
species, there may be instances where section 7 consultation would be 
triggered only if critical habitat were designated. There may also be 
some educational or informational benefits to the designation of 
critical habitat. Educational benefits include the notification of 
landowner(s), land managers, and the general public of the importance 
of protecting the habitat of these species and dissemination of 
information regarding their essential habitat requirements. Therefore, 
we propose that designation of critical habitat is prudent for 
Phyllostegia waimeae.
    No change is made here to the prudency determination for Melicope 
quadrangularis, a species known only from the Wahiawa drainage area on 
Kauai, published in the November 7, 2000, proposal and hereby 
incorporated by reference (65 FR 66808). Melicope quadrangularis was 
last observed in the Wahiawa drainage area in 1991 and has not been 
observed in this area in surveys following Hurricane Iniki in 1992 (S. 
Perlman and K. Wood, pers. comm., 2000). In addition, this species is 
not known to be in storage or under propagation. Given these 
circumstances, we determined that designation of critical habitat for 
Melicope quadrangularis was not prudent because such designation would 
be of no benefit to this species. If this species is rediscovered we 
may revise this proposal to incorporate or address new information as 
new data becomes available (See 16 U.S.C. 1532(5)(B); 50 CFR 
424.13(f)).
    In November 7, 2000, proposal we did not determine prudency nor 
propose designation of critical habitat for 14 species that no longer 
occur on Kauai and Niihau but are reported from one or more other 
islands. We determined that critical habitat was prudent and proposed 
designation of critical habitat for nine of these species (Ctenitis 
squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus 
manni, Silene lanceolata, and Vigna o-wahuensis) in other proposed 
rules published on December 18, 2000 (Maui and Kahoolawe), on December 
27, 2000 (Lanai), or on December 29, 2000 (Molokai). No change is made 
to these prudency determinations for these nine species in this 
proposal and they are hereby incorporated by reference (65 FR 79192, 65 
FR 82086, 65 FR 83158). In this proposal, we propose designation of 
critical habitat for Ctenitis squamigera, Diellia erecta, Diplazium 
molokaiense, Ischaemum byrone, and Mariscus pennatiformis on the island 
of Kauai, based on new information and information received during the 
comment periods on the November 7, 2000, proposal. Critical habitat is 
not proposed for Hibiscus brackenridgei, Phlegmariurus manni, Silene 
lanceolata, and Vigna o-wahuensis on the islands of Kauai and Niihau 
because we are unable to determine habitat which is essential to other 
conservation on these islands.
    No changes is made here to the prudency determination for Acaena 
exigua, a species known only from Kauai and Maui, published in the 
proposed rule for Maui and Kahoolawe on December 18, 2000 and hereby 
incorporated by reference (65 FR 79192). On Kauai, this species was 
only known from a collection made between 1869 and 1870 (Wagner et al. 
1999). On Maui, this species was last observed in 1997 and no 
individuals were observed during subsequent visits in 1998 and 1999 to 
the only known location (H. Oppenheimer and S. Perlman, pers. comm., 
2000). In addition, this species is not known to be in storage or under 
propagation. Given these circumstances, we determined that designation 
would be of no benefit to this species. If this species is rediscovered 
we may revise this proposal to incorporate or address new information 
as new data becomes available (See 16 U.S.C. 1532(5)(B); 50 CFR 
424.13(f)).
    To determine whether critical habitat would be prudent for four 
other species (Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, and Solanum incompletum) for which prudency 
determinations have not been made previously, and that no longer occur 
on Kauai but are reported from one or more other islands we analyzed 
the potential threats and benefits for each species in accordance with 
the court's order. These four plants were listed as endangered species 
under the Endangered Species Act of 1973, as amended 9Act) between 1991 
and 1996. 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 examined the evidence available for these four 
species and have not, at this time, found specific evidence of taking, 
vandalism, collection, or trade of these species or of similar species. 
Consequently, while we remain concerned that these activities could 
potentially threaten Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, and Solanum incompletum in the future, consistent 
with applicable regulations (50 CFR 424.12(a)(1)(i) and the court's 
discussion of these regulations, we do

[[Page 3993]]

not find that these species are currently threatened by taking or other 
human activity, which 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 Achyranthes mutica, Isodendrion pyrifolium, 
Phlegmariurus nutans, and Solanum incompletum 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. 
None of these four species are reported from Federal lands on Kauai 
(the entire island of Niihau is privately-owned) where actions are 
subject to section 7 consultation. However, two of these species, 
Phlegmariurus nutans and Solanum incompletum, are reported from Federal 
lands or lands that are administered by a Federal agency on other 
islands (S. incompletum is reported from the United States Army's 
Pohakuloa Training Area on the island of Hawaii; Phlegmariurus nutans 
is reported from the United States Army's Schofield Barracks Military 
Reservation and Kawailoa Training Area, and the Service's Oahu Forest 
National Wildlife Refuge on Oahu). Although Achyranthes mutica and 
Isodendrion pyrifolium are located exclusively on non-Federal lands 
with limited Federal activities on the island of Hawaii, there could be 
Federal actions affecting these lands in the future. While a critical 
habitat designation for habitat currently occupied by Achyranthes 
mutica, Isodendrion pyrifolium, Phlegmariurus nutans, and Solanum 
incompletum would not likely change the section 7 consultation outcome, 
since an action that destroys or adversely modifies such critical 
habitat would also be likely to result in jeopardy to the species, 
there may be instances where section 7 consultation would be triggered 
only if critical habitat were designated. There may also be some 
educational or informational benefits to the designation of critical 
habitat. Educational benefits include the notification of landowner(s), 
land managers, and the general public of the importance of protecting 
the habitat of these species and dissemination of information regarding 
their essential habitat requirements. Therefore, we propose that 
designation of critical habitat is prudent for Achyranthes mutica, 
Isodendrion pyrifolium, Phlegmariurus nutans, and Solanum incompletum.
B. Methods
    As required by the Act (section 4(b)(2)) and regulations at 50 CFR 
424.12, we used the best scientific data available to determine areas 
that are essential to conserve Achyranthes mutica, Adenophorus periens, 
Alectryon macrococcus, Alsinidendron lychnoides, Alsinidendron 
viscosum, Bonamia menziesii, Brighamia insignis, Centaurium sebaeoides, 
Chamaesyce halemanui, Ctenitis squamigera, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyanea undulata, Cyperus trachysanthos, Cyrtandra 
cyaneoides, Cyrtandra limahuliensis, Delissea rhytidosperma, Delissea 
rivularis, Delissea undulata, Diellia erecta, Diellia pallida, 
Diplazium molokaiense, Dubautia latifolia, Dubautia pauciflorula, 
Euphorbia haeleeleana, Exocarpos luteolus, Flueggea neowawraea, Gouania 
meyenii, Hedyotis cookiana, Hedyotis st.-johnii, Hesperomannia 
lydgatei, Hibiscadelphus woodii, Hibiscus brackenridgei, Hibiscus 
clayi, Hibiscus waimeae ssp. hannerae, Ischaemum byrone, Isodendrion 
laurifolium, Isodendrion longifolium, Isodendrion pyrifolium, Kokia 
kauaiensis, Labordia lydgatei, Labordia tinifolia var. wahiawaensis, 
Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta waimeaensis, 
Lobelia niihauensis, Lysimachia filifolia, Mariscus pennatiformis, 
Melicope haupuensis, Melicope knudsenii, Melicope pallida, 
Munroidendron racemosum, Myrsine linearifolia, Nothocestrum peltatum, 
Panicum niihauense, Peucedanum sandwicense, Phlegmariurus mannii, 
Phlegmariurus nutans, Phyllostegia knudsenii, Phyllostegia waimeae, 
Phyllostegia wawrana, Plantago princeps, Platanthera holochila, Poa 
mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia kauaiensis, 
Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, Schiedea 
helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea nuttallii, 
Schiedea spergulina var. leiopoda, Schiedea spergulina var. spergulina, 
Schiedea stellarioides, Sesbania tomentosa, Silene lanceolata, Solanum 
incompletum, Solanum sandwicense, Spermolepis hawaiiensis, Stenogyne 
campanulata, Vigna o-wahuensis, Viola helenae, Viola kauaiensis var. 
wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum 
hawaiiense. This information included the known locations, site-
specific species information from the HINHP database and our own rare 
plant database; species information from the CPC's rare plant 
monitoring database housed at the University of Hawaii's Lyon 
Arboretum; island-wide GIS coverages (e.g. vegetation, soils, annual 
rainfall, elevation contours, land ownership); the final listing rules 
for these 90 species; the November 7, 2000, proposal; information 
received during the public comment periods and the public hearing; 
recent biological surveys and reports; our recovery plans for these 
species; information received in response to outreach materials and 
requests for species and management information we sent to all 
landowners, land managers, and interested parties on the islands of 
Kauai and Niihau; discussions with botanical experts; and 
recommendations from the HPPRCC (see also the discussion below)(Service 
1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999; HPPRCC 1998; CPC, in 
litt. 1999; HINHP Database 2000; K. Wood, pers. comm., 2001; M. Buck, 
in litt. 2001; 65 FR 66808).
    In 1994, the HPPRCC initiated an effort to identify and map habitat 
it believed to be important for the recovery of 282 endangered and 
threatened Hawaiian plant species. The HPPRCC identified these areas on 
most of the islands in the Hawaiian chain, and in 1999, we published 
them in our Recovery Plan for the Multi-Island Plants (Service 1999). 
The HPPRCC expects there will be subsequent efforts to further refine 
the locations of important habitat areas and that new survey 
information or research may also lead to additional refinement of 
identifying and mapping of habitat important for the recovery of these 
species.
    The HPPRCC identified essential habitat areas for all listed, 
proposed, and candidate plants and evaluated species of concern to 
determine if essential habitat areas would provide for their habitat 
needs. However, the HPPRCC's mapping of habitat is distinct from the 
regulatory designation of critical habitat as defined by the Act. More 
data has been collected since the recommendations made by the HPPRCC in 
1998. Much of the area that was identified by the HPPRCC as 
inadequately surveyed has now been surveyed in some way. New location 
data for many species has been

[[Page 3994]]

gathered. Also, the HPPRCC identified areas as essential based on 
species clusters (areas that included listed species as well as 
candidate species, and species of concern) while we have only 
delineated areas that are essential for the conservation of 83 listed 
species at issue. As a result, the proposed critical habitat 
designations in this proposed rule include not only some habitat that 
was identified as essential in the 1998 recommendation but also habitat 
that was not identified as essential in those recommendations.
C. Primary Constituent Elements
    In accordance with section 3(5)(A)(i) 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 (primary constituent elements) 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.
    In the November 7, 2000, proposal we determined that the 
designation of critical habitat was prudent for 76 plant species known 
currently from the islands of Kauai or Niihau and in that proposal we 
identified the physical and biological features that are considered 
essential to the conservation of the 76 species on the islands of Kauai 
or Niihau (65 FR 66808). In other proposals published on December 18, 
2000, December 27, 2000, or on December 29, 2000, we determined that 
the designation of critical habitat was prudent for nine species 
(Ctenitis squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Ishaemum byrone, Mariscus pennatiformis, Phlegmariurus 
manni, Silene laceolata, and Vigna o-wahuensis) that no longer occur on 
Kauai and Niihau but are reported from one or more other islands. Based 
on new information and information received during the comment periods 
on the November 7, 2000, proposal we have identified the physical and 
biological features that are considered essential to the conservation 
of five of these nine species (Ctenitis squamigera, Diellia erecta, 
Diplazium molokaiense, Ischaemum byrone, and Mariscus pennatiformis) on 
the island of Kauai. We are unable to identify these features for 
Hibiscus brackenridgei, Phlegmariurus manni, Silene lanceolata, and 
Vigna o-wahuensis on the islands of Kauai and Niihau based on the 
information available at this time. Therefore, we were not able to 
identify the specific areas outside the geographic areas occupied by 
these species at the time of their listing (unoccupied habitat) that 
are essential for the conservation of Hibiscus brackenridgei, 
Phlegmariurus manni, Silene landeolata, and Vigna o-wahuensis on the 
islands of Kauai or Niihau. However, proposed critical habitat 
designations for Hibiscus brackenridgei, Phlegmariurus manni, Silene 
lanceolata, and Vigna o-wahuensis were included in proposals published 
on December 18, 2000, December 27, 2000, or December 29, 2000 (65 FR 
79192, 65 FR 82086, 65 FR 83158). In addition, we will consider 
proposing designation of critical habitat for Hibiscus brackenridgei, 
Phlegmariurus manni, Silene lanceolata, and Vigna o-wahuensis within 
the historic range for each species on other Hawaiian islands.
    In this proposal, we determine that the designation of critical 
habitat is prudent for Phyllostegia waimeae based on new information 
received during the comment periods on the November 7, 2000, proposal 
regarding the rediscovery of this species on Kauai. Based on new 
information received during the comment periods we have identified 
physical and biological features that are considered essential to the 
conservation of Phyllostegia waimeae on the island of Kauai.
    In this proposal, we determine that the designation of critical 
habitat is prudent for four species (Achyranthes mutica, Isodendrion 
pyrifolium, Phlegmariurus nutans, and Solanum incompletum) for which 
prudency determinations have not been made previously, and which no 
longer occur on Kauai but are reported from one or more other islands. 
Based on new information and information received during the comment 
periods on the November 7, 2000, proposal we have identified the 
physical and biological features that are considered essential to the 
conservation of Phlegmariurus nutans on the island of Kauai. We are 
unable to identify these features for Achyranthes muticca, Isodendrion 
pyrifolium, and Solanum incompletum on the islands of Kauai and Niihau 
based on the information available at this time. Therefore, we were not 
able to identify the specific areas outside the geographic areas 
occupied by these species at the time of their listing (unoccupied 
habitat) that are essential for the conservation of Achyranthes mutica, 
Isodendrion pyrifolium, and Solanum incompletum on the islands of Kauai 
and Niihau. However, we will consider proposing designation of critical 
habitat for Achyranthes mutica, Isodendion pyrifolium, and Solanum 
incompletum within the historic range for each species on other 
Hawaiian Islands.
    All areas proposed as critical habitat are within the historical 
range of one or more of the 83 species at issue and contain one or more 
of these physical or biological features (primary constituent elements) 
essential for the conservation of one or more of the species.
    As described in the discussions for each of the 83 species for 
which we are proposing critical habitat, we are proposing to define the 
primary constituent elements on the basis of the habitat features of 
the areas in which the plant species are reported from, as described by 
the type of plant community, associated native plant species, locale 
information (e.g., steep rocky cliffs, talus slopes, stream banks), and 
elevation. The habitat features provide the ecological components 
required by the plant. The type of plant community and associated 
native plant species indicates specific microclimate conditions, 
retention and availability of water in the soil, soil microorganism 
community, and nutrient cycling and availability. The locale indicated 
information on soil type, elevation, rainfall regime, and temperature. 
Elevation indicates information on daily and seasonal termperature and 
sun intensity. Therefore, the descriptions of the physical elements of 
the locations of each of these species, including habitat type, plant 
communities associated with these species, location, and elevation, as 
described in the Supplementary Information: Discussion of the Plant 
Taxa section above, constitute the primary constituent elements for 
these species on the islands of Kauai and Niihau.
D. Criteria Used To Identify Critical Habitat
    In the November 7, 2000, proposal we defined the primary 
constituent elements based on the general habitat features of the areas 
in which the plants 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

[[Page 3995]]

elevation. The areas we proposed to designate as critical habitat 
provided some or all of the habitat components essential for the 
conservation of the 76 plant species. Specific details regarding the 
delineation of the proposed critical habitat units were given in the 
November 7, 2000, proposal (65 FR 66808). In that proposal we did not 
include potentially suitable unoccupied habitat that is important to 
the recovery of the 76 species due to 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.
    Based on a review of new biological information and public comments 
received following publication of the four proposals to designate 
critical habitat for Hawaiian plants on Kauai and Niihau (65 FR 66808), 
Maui and Kahoolawe (65 FR 79192), Lanai (65 FR 82086), and Molokai (65 
FR 83158), we have reevaluated the manner in which we delineated 
proposed critical habitat. In addition, we met with members of the 
HPPRCC, and State, Federal, and private entities to discuss criteria 
and methods to delineate critical habitat units for these Hawaiian 
plants.
    We considered several factors in the selection and proposal of 
specific boundaries for critical habitat for these 83 species. For each 
of these species, the overall recovery strategy outlined in the 
approved recovery plans includes the following components: (1) 
stabilization of existing wild populations, (2) protection and 
management of habitat, (3) enhancement of existing small populations 
and reestablishment of new populations within historic range, and (4) 
research on species' biology and ecology (Service 1994, 1995, 1996, 
1997, 1998a, 1998b, 1998c, 1999). Therefore, the long-term recovery of 
these species is dependent upon the protection of existing population 
sites and potentially suitable unoccupied habitat within historic 
range.
    The overall recovery goal stated in the recovery plans for each of 
these species includes the establishment of 8 to 10 populations with a 
minimum of 100 mature individuals per population for long-lived 
perennials, 300 individuals per population for short-lived perennials, 
and 500 mature individuals per population for annuals. (However, there 
are some specific exceptions to this general recovery goal of 8 to 10 
populations for species that are believed to be very narrowly 
distributed on a single island (e.g., the Wahiawa plant cluster 
(Service 1994) and Schiedea spergulina var. leiopoda), and the proposed 
critical habitat designations reflect this exception for these 
species.). To be considered recovered each population of a species 
endemic to the islands of Kauai or Niihau should occur on the island to 
which it is endemic, and likewise the populations of a multi-island 
species should be distributed among the islands of its known historic 
range (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999). A 
population, for the purposes of this discussion and as defined in the 
recovery plans for these species, is defined as a unit in which the 
individuals within a population could be regularly cross-pollinated, 
individuals that could be influenced by the same small-scale events 
(such as landslides), and should be considered at recover-level numbers 
of individuals (e.g., 100-500 individuals) for each population (rather 
than current numbers).
    By adopting the specific recovery objectives enumerated above, the 
adverse effects of genetic inbreeding and random environmental events 
and catastrophes, such as landslides or hurricanes, that could destroy 
a large percentage of the species at any one time may be reduced 
(Menges 1990, Podolsky 2001). These recovery objectives were initially 
developed by the HPPRCC and are found in all of the recovery plans for 
these species, and are expected to be further refined as more 
information on the population biology of each species becomes 
available.
    The general justification for these objectives is found in the 
current conservation biology literature addressing the coonservation of 
rare and endangered plants and animals (Beissinger and Westphal 1998; 
Burgman et al. 2001; Falk et al. 1996; Ginzburg et al. 1990; Hendrix 
and Kyhl 2000; Karieva and Wennergren 1995; Luijten et al. 2000; Meffe 
and Carroll 1996; Podolsky 2000; Menges 1990; Murphy et al. 1990; 
Quintana-Ascencio and Menges 1996: Taylor 1995; Tear et al. 1995; Wolf 
and Harrison 2001). The overall goal of recovery and reintroduction in 
the short-term is a successful population that can carry on basic life-
history processes, such as establishment, reproduction, and dispersal, 
at a level where the probability of extinction is low. In the long-
term, the species and its populations should be at a reduced risk of 
extinction and be adaptable to environmental change through evolution 
and migration. The long-term objectives, as reviewed by Pavlik, range 
from 50 to 2,500 individuals per population, based largely on research 
and theoretical modeling on endangered animals. Many aspects of species 
life history are typically considered to determine guidelines for 
species interim stability and recovery, including longevity, breeding 
system, growth form, fecundity, ramet (a plant that is an independent 
member of a clone) production, survivorship, seed duration, 
environmental variation, and successional stage of the habitat. 
Hawaiian species are poorly studied, and the only one of the afore-
mentioned characteristics that can be uniformly applied to all species 
is longevity (i.e., long-lived perennial, short-lived perennial, and 
annual). In general, long-lived woody perennial species would be 
expected to be viable at population levels of 50 to 250 individuals per 
population, while short-lived perennial species would be viable at 
population levels of 1,500 to 2,500 individuals or more per population. 
These population numbers were refined for Hawaiian plant species by the 
HPPRCC (1994) due to the restricted distribution of suitable habitat 
typical of Hawaiian plants and the likelihood of smaller genetic 
diversity of several species that evolved from one single introduction. 
For recovery of Hawaiian plants, the HPPRCC recommended a general 
recovery guideline of 100 mature individuals per population for long-
lived perennial species, 300 individuals per population for short-lived 
perennial species, and 500 individuals per population for annual 
species. These guidelines are general and we expect to revise them for 
individual species to incorporate new data as it becomes available.
    The lack of detailed scientific data on the life history of these 
plant species makes it impossible for us to develop a robust 
quantitative model (e.g., population viability analysis (NRC 1995)) to 
identify the optimal number, size, and location of critical habitat 
units to achieve recovery (Beissinger and Westphal 1998; Burgman et al. 
2001; Ginzburg et al. 1990; Karieva and Wennergren 1995; Menges 1990; 
Murphy et al. 1990; Taylor 1995). At this time, and consistent with the 
listing of these species, the best available information leads us to 
conclude that the current size and distribution of the extant 
populations are not sufficient to expect a reasonable probability of 
long-term survival and recovery of these plant species. Therefore, we 
used available information, including expert scientific opinion and 
professional judgement of non-Service scientists and members of the 
HPPRCC, to identify

[[Page 3996]]

potentially suitable habitat within the known historic range of each 
species.
    The HPPRCC recommended the conservation and establishment of 8-10 
populations to address the numerous risks to the long-term survival and 
conservation of Hawaiian plant species. Although absent the detailed 
information inherent to the types of PVA models described above 
(Burgman et al. 2001), this approach nevertheless employs two widely 
recognized and scientifically accepted goals for promoting viable 
populations of listed species--(1) Creation or maintenance of multiple 
populations so that a single or series of catastrophic events cannot 
destroy the entire listed species (Luijten et al. 2000; Menges 1990; 
Quintana-Ascencio and Menges 1996); and (2) increasing the size of each 
population in the respective critical habitat units to a level where 
the threats of genetic, demographic, and normal environmental 
uncertainties are diminished (Hendrix and Kyhl 2000; Luijten et al. 
2000; Meffe and Carroll 1996; Podolsky 2000; Service 1997; Tear et al. 
1995; Wolf and Harrison 2001). In general, the larger the number of 
populations and the larger the size of each population, the lower the 
probability of extinction (Raup 1991; Meffe and Carroll 1996. This 
basic conservation principle of redundancy applies to Hawaiian plants. 
By maintaining 8 to10 viable populations in the several proposed 
critical habitat units, the threats represented by a fluctuating 
environment are alleviated and the species has a greater likelihood of 
achieving long-term survival and conservation. Conversely, loss of one 
or more of the plant populations within any critical habitat unit could 
result in an increase in the risk that the entire listed species may 
not survive and recover.
    Due to the reduced size of suitable habitat areas for these 
Hawaiian plant species, they are now more susceptible to the variations 
and weather fluctuations affecting quality and quantity of available 
habitat, as well as direct pressure from hundreds of species of non-
native plants and animals. Establishing and conserving 8 to 10 viable 
populations on one or more islands(s) within the historic range of the 
species will provide each species with a reasonable expectation of 
persistence and eventual recovery, even with the high potential that 
one or more of these populations will be eliminated by normal or random 
adverse events, such as hurricanes which occurred in 1982 and 1992 on 
Kauai, fires, and alien plant invasions (HPPRCC 1994; Luijten et al. 
2000; Mangel and Tier 1994; Pimm et al. 1998; Stacey and Taper 1992). 
We conclude that designation of adequate suitable habitat for 8 to 10 
populations as critical habitat--and implementation of recovery actions 
thereon--gives the species a reasonable likelihood of long-term 
survival and recovery, based on currently available information. These 
guidelines are general and we expect to revise for individual species 
to incorporate new data as it becomes available.
    In summary, the long-term survival and recovery requires the 
designation of critical habitat units on one or more of the Hawaiian 
islands with suitable habitat for 8 to 10 populations of each plant 
species. Some of this habitat is currently not known to be occupied by 
these species. To recover the species, it will be necessary to conserve 
suitable habitat in these unoccupied units, which in turn will allow 
for the establishment of additional populations through natural 
recruitment or managed reintroductions. Establishment of these 
additional populations will increase the likelihood that the species 
will survive and recover in the face of normal and stochastic events 
(e.g., hurricanes, fire, and non-native species introductions) (Pimm et 
al. 1998; Stacey and Taper 1992; Mangel and Tier 1994).
    Changes in our approach to delineate proposed critical habitat 
units were incorporated in the following manner:
    (1) We focused on designating units representative of the known 
current and historical geographic and elevational range of each 
species;
    (2) Proposed critical habitat units would allow for expansion of 
existing wild populations and reestablishment of wild populations 
within historic range, as recommended by the recovery plans for each 
species; and
    (3) Critical habitat boundaries were delineated in such a way that 
areas with overlapping occupied or suitable unoccupied habitat could be 
depicted clearly (multi-species units).
    We began by creating rough units for each species by screen 
digitizing polygons (map units) using ArcView (ESRI), a computer GIS 
program. The polygons were created by overlaying current and historic 
plant location points onto digital topographic maps of each of the 
islands.
    The resulting shape files (delineating historic elevational range 
and potential, suitable habitat) were then evaluated. Elevation ranges 
were further refined and land areas identified as not suitable for a 
particular species (i.e., not containing the primary constituent 
elements) were avoided. The resulting shape files for each species then 
were considered to define all suitable habitat on the island, including 
occupied and unoccupied habitat.
    These shape files of suitable habitat were further evaluated. 
Several factors were then used to delineate the proposed critical 
habitat units from these land areas. We reviewed the recovery 
objectives as described above and in recovery plans for each of the 
species to determine if the number of populations and population size 
requirements needed for full recovery would be available within the 
critical habitat units identified as containing the appropriate primary 
constituent elements for each species. If more than the area needed for 
the number of recovery populations was identified as potentially 
suitable, only those areas within the least disturbed suitable habitat 
were designated as proposed critical habitat. A population for this 
purpose is defined as a discrete aggregation of individuals located a 
sufficient distance from a neighboring aggregation such that the two 
are not affected by the same small-scale events and are not believed to 
be consistently cross-pollinated. In the absence of more specific 
information indicating the appropriate distance to assure limited 
cross-pollination, we are using a distance of 1,000 m (3,281 ft) based 
on two Service biologists review of current literature on gene flow 
(Havens 1998; Barret and Kohn 1991; M.H. Schierup and F.B. Christiansen 
1996; Fenster and Dudash 1994).
    Using the above criteria, we delineated the proposed critical 
habitat for each species. When species units overlapped, we combined 
units for ease of mapping. Such critical habitat units encompass a 
number of plant communities. Using satellite imagery and parcel data we 
then eliminated areas that did not contain the appropriate vegetation, 
associated native plant species, or elevations such as cultivated 
agriculture fields, housing developments or other areas that are 
unlikely to contribute to the conservation of one or more of the 83 
plant species. Geographic features (ridge lines, valleys, streams, 
coastlines, etc.) or man-made features (roads or obvious land use) that 
created an obvious boundary for a unit were used as unit area 
boundaries. We also used watershed delineations to dissect very large 
proposed critical habitat units in order to simplify the unit mapping 
and their descriptions.
    Within the critical habitat boundaries, adverse modification could 
occur only if the primary constituent elements are affected. Therefore, 
not all activities within critical habitat would trigger an adverse 
modification conclusion. In

[[Page 3997]]

addition, existing features and structures within proposed areas, such 
as buildings, roads, aqueducts, telecommunications equipment, telemetry 
antennas, radars, missile launch sites, arboreta and gardens, heiau 
(indigenous places of worship or shrines), and other man-made features 
do not contain, and are not likely to develop, constituent elements and 
would be excluded under the terms of this proposed regulation. 
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. When 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 the 83 
species.
    In summary, for most of these species we utilized the approved 
recovery plan guidance to identify appropriately sized land units 
containing suitable occupied and unoccupied habitat. These areas are 
the Service's best estimation of the habitat necessary to provide for 
the recovery of these species.

E. Managed Lands

    Currently occupied or historically known sites containing one or 
more of the primary constituent elements considered essential to the 
conservation of these 83 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 and progress reports; management plans; 
grants; memoranda of understanding and cooperative agreements; DOFAW 
planning documents; internal letters and memos; biological assessments 
and environmental impact statements; and section 7 consultations. 
Additionally, each public (i.e., county, State, or Federal government 
holdings) and private landowner on the islands of Kauai and Niihau with 
a known occurrence of one of the 83 species was contacted by mail. We 
reviewed all information received in response to our landowner mailing 
and open houses held at three locations (Waimea, Lihue, and Kilauea) on 
the island of Kauai from October 19 to 21, 1999. When clarification was 
required on the information provided to us, we followed up with a 
telephone contact. Because of the large amount of land on the island of 
Kauai under State of Hawaii jurisdiction, we met with staff from 
Kauai's DOFAW office and Kauai State Parks to discuss their current 
management for the plants on their lands. And, we contacted the State's 
DHHL regarding management for the plants on lands under their 
jurisdiction (any species of aquatic life, wildlife, or plant that is 
federally listed as endangered or threatened is State listed as well). 
In addition, we reviewed new biological information and public comments 
received during the public comment periods and at the public hearing.
    Pursuant to the definition of critical habitat in section 3 of the 
Act, the primary constituent elements as found in any area so 
designated must also require ``special management 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. We consider a plan adequate when it:
    (1) 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) 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 for the management plan); and,
    (3) 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 
achieves 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 because the primary constituent elements found 
there are not in need of special management.
    In determining and weighing the relative significance of the 
threats that would need to be addressed in management plans or 
agreements, we considered the following:
    (1) The factors that led to the listing of the species, as 
described in the final rules for listing each of the species. Effects 
of clearing and burning for agricultural purposes and of invasive non-
native plant and animal species have contributed to the decline of 
nearly all endangered and threatened plants in Hawaii (Smith 1985; 
Howarth 1985; Stone 1985; Wagner et al. 1985; Scott et al. 1986; 
Cuddihy and Stone 1990; Vitousek 1992; Service 1994, 1995, 1996, 1997, 
1998a, 1998b, 1998c, 1999; Loope 1998).
    Current threats to these species include non-native grass and 
shrub-carried wildfire; browsing, digging, rooting, and trampling from 
feral ungulates (including goats, deer, and pigs); direct and indirect 
effects of non-native plant invasions, including alteration of habitat 
structure and microclimate; and disruption of pollination and gene-flow 
processes by adverse effects of mosquito-borne avian disease on forest 
bird pollinators, direct competition between native and non-native 
insect pollinators for food, and predation of native insect pollinators 
by non-native hymenopteran insects (ants). In addition, physiological 
processes such as reproduction and establishment continue to be stifled 
by fruit and flower eating pests such as non-native arthropods, 
mollusks, and rats, and photosynthesis and water transport affected by 
non-native insects, pathogens and diseases. Many of these factors 
interact with one another, thereby compounding effects. Such 
interactions include non-native plant invasions altering wildfire 
regimes, feral ungulates vectoring weeds and disturbing vegetation and 
soils thereby facilitating dispersal and establishment of non-native 
plants, and numerous non-native insects feeding on native plants, 
thereby increasing their vulnerability and exposure to pathogens and 
disease (Howarth 1985; Smith 1985; Scott et al. 1986; Cuddihy and Stone 
1990; Mack 1992; D'Antonio and Vitousek 1992; Tunison et al. 1992; 
Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999; Bruegmann et 
al. 2001).
    (2) The recommendations from the HPPRCC in their 1998 report to us 
(``Habitat Essential to the Recovery of Hawaiian Plants''). As 
summarized in this report, recovery goals for endangered Hawaiian plant 
species cannot be achieved without the effective control of non-native 
species threats, wildfire, and land use changes.
    (3) The management actions needed for assurance of survival and 
ultimate recovery of Hawaii's endangered plants. These actions are 
described in our recovery plans for these 83 species (Service 1994, 
1995, 1996, 1997, 1998a, 1998b, 1998c, 1999), in the 1998 HPPRCC report 
to us (HPPRCC 1998), and in various other documents and publications 
relating to plant conservation in Hawaii (Mueller-Dombois 1985; Smith 
1985; Stone 1985; Cuddihy and Stone 1990; Stone et al.

[[Page 3998]]

1992). In addition to monitoring the plant populations, these actions 
include, but are not limited to: (1) feral ungulate control; (2) non-
native plant control; (3) rodent control; (4) invertebrate pest 
control; (5) fire management; (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; and (9) 
habitat management and restoration in areas deemed essential for the 
recovery of these species.
    In general, taking all of the above recommended management actions 
into account, the following management actions are ranked in order of 
importance (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999). 
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; wildfire management; non-native plant control; rodent 
control; invertebrate pest 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; and control of human activities/access.
    As shown in Table 3, the proposed critical habitat designations for 
83 species of plants are found on Federal, State, and private lands on 
the islands of Kauai and Niihau. In response to our public notices; 
letters to landowners; open houses; meetings; the November 7, 2000, 
proposal; public comment periods; the March 7, 2001, draft economic 
analysis; and the February 6, 2001, public hearing 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.

Federal Lands

    The PMRF at Barking Sands and Makaha Ridge, both on Kauai's west 
side, are on federally owned or State leased lands administered by the 
Navy for instrumented and multi-environment weapon testing and 
tracking. Wilkesia hobdyi occurs on lands at the Makaha Ridge Facility 
while Sesbania tomentosa and Panicum niihauense are reported from the 
dunes on State lands adjacent to the Barking Sands Facility at Polihale 
State Park. The dune system extends from Polihale State Park through 
the Barking Sands Facility to State-owned lands at Kekaha, and may be 
one of the best intact coastal dune systems remaining on the main 
Hawaiian Islands. We evaluated the dune habitat at the Barking Sands 
Facility for Sesbania tomentosa and Panicum niihauense and determined 
that these lands are not essential for the conservation of Sesbania 
tomentosa though they are essential for Panicum niihauense. The Navy is 
currently engaged in discussions with us to identify training-related 
impacts to Wilkesia hobdyi and Panicum niihauense and to develop an 
Integrated Natural Resources Management Plan (INRMP 2001) that will 
identify measures that will address the maintenance and improvement of 
the essential elements for these two plant species and provide for 
their long-term conservation.
    Management at the Barking Sands and Makaha Ridge Facility lands 
currently consists of restricting human access and mowing landscaped 
areas. These actions alone are not sufficient to address the factors 
inhibiting the long-term conservation of Panicum niihauense and 
Wilkesia hobdyi. Therefore, we can not at this time find that 
management on these lands under Federal jurisdiction is adequate to 
preclude a proposed designation of critical habitat. If the Navy 
completes and implements an INRMP or other endangered species 
management plans that addresses the maintenance and improvement of the 
essential elements for these two plant species and provides for their 
long-term conservation we will reassess the critical habitat boundaries 
in light of these management plans. We will solicit specific comments 
from the Navy on their concerns on our proposed designation on military 
lands, and its effect of military activities. We will give full 
consideration to their comments, and after completing our analysis of 
public comments, we may exclude some or all of these Navy lands under 
section 4(b)(2) of the Act.

State of Hawaii Lands

    The State lands on the island of Kauai include ceded and leased 
lands, and those that are administered by the Department of Land and 
Natural Resources (DLNR). DLNR lands are made up of State Parks, which 
are administered by the State Division of State parks; and Forest 
Reserves, Natural Area Reserves, and the Alakai Wilderness Preserve 
which are administered by the DOFAW. The DLNR also manages DHHL lands 
on the island of Kauai. We determined that habitat that is essential to 
the conservation of 74 of the 83 federally threatened or endangered 
plant species is found on State lands: Adenophorus periens, Alectryon 
macrococcus, Alsinidendron lychnoides, Alsinidendron viscosum, Bonamia 
menziesii, Brighamia insignis, Centaurium sebaeoides, Chamaesyce 
halemanui, Cyanea asarifolia, Cyanea recta, Cyanea remyi, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia erecta, 
Diellia pallida, Dubautia latifolia, Dubautia pauciflorula, Euphorbia 
haeleeleana, Exocarpos luteolus, Flueggea neowawraea, Gouania meyenii, 
Hedyotis cookiana, Hedyotis st.-johnii, Hesperomannia lydgatei, 
Hibiscadelphus woodii, Hibiscus clayi, Hibiscus waimeae ssp. hannerae, 
Isodendrion laurifolium, Isodendrion longifolium, Kokia kauaiensis, 
Labordia lydgatei, Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta 
waimeaensis, Lobelia niihauensis, Lysimachia filifolia, Melicope 
haupuensis, Melicope knudsenii, Melicope pallida, Munroidendron 
racemosum, Myrsine linearifolia, Nothocestrum peltatum, Panicum 
niihauense, Peucedanum sandwicense, Phyllostegia knudsenii, 
Phyllostegia waimeae, Phyllostegia wawrana, Plantago princeps, 
Platanthera holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, 
Pritchardia napaliensis, Pritchardia viscosa, Pteralyxia kauaiensis, 
Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, Schiedea 
helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea spergulina 
var. spergulina, Schiedea stellarioides, Sesbania tomentosa, Solanum 
sandwicense, Spermolepis hawaiiensis, Stenogyne campanulata, Wilkesia 
hobdyi, Xylosma crenatum, and Zanthoxylum hawaiiense. 

[[Page 3999]]

    Although the State conducts some conservation management actions on 
these lands and provides access to others who are conducting such 
activities, these programs do not adequately address the threats to 
these listed plant species on their lands. In addition, there are no 
comprehensive management plans for the long-term conservation of 
endangered and threatened plants on these lands, no updated detailed 
reports on management actions conducted, and no assurances that 
management actions will be implemented. Therefore, we cannot, at this 
time, find that management on these State lands is adequate to preclude 
a proposed designation of critical habitat. However, we will work with 
the State in developing conservation planning efforts.

Private Lands

    We determined that habitat that is essential to the conservation of 
32 of the 83 federally listed plant species is found on privately owned 
lands on Kauai and Niihau: Adenophorus periens, Bonamia menziesii, 
Brighamia insignis, Cyanea recta, Cyanea remyi, Cyanea undulata, 
Cyperus trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, 
Delissea rhytidosperma, Dubautia pauciflorula, Exocarpos luteolus, 
Flueggea neowawraea, Hesperomannia lydgatei, Hibiscus waimeae ssp. 
hannerae, Ischaemum byrone, Isodendrion longifolium, Labordia lydgatei, 
Labordia tinifolia var. wahiawaensis, Lipochaeta micrantha, Lobelia 
niihauensis, Munroidendron racemosum, Myrsine linearifolia, Peucedanum 
sandwicense, Phyllostegia wawrana, Plantago princeps, Schiedea 
membranacea, Schiedea nuttallii, Schiedea spergulina var. leiopoda, 
Solanum sandwicense, and Viola helenae, and Viola kauaiensis var. 
wahiawaensis.
    We received 25 responses from the over 160 private landowners who 
received letters inquiring about management actions on their lands. The 
main activities being conducted by several of these landowners are 
weeding, control of human access, and planting of native species. In 
addition, responses and comments we received during the three comment 
periods and the public hearing, and new information used in preparing 
this revised proposal did not adequately address the threats to these 
listed plant species on private lands on Kauai and Niihau. We are aware 
of only a few private landowners who are drafting management plans for 
their areas. Without such plans and assurances that the plans will be 
implemented, we are unable to find that the lands in question do not 
require special management or protection.
    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 83 listed species at issue 
in this revised proposed designation, in accordance with long term 
conservation plans or agreements, and there are assurances that the 
proposed management actions will be implemented and effective, we can 
consider this information when making a final determination of critical 
habitat.
    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 Kauai. We 
support these efforts and provide technical assistance whenever 
possible. We are also soliciting comments on whether future development 
and approval of conservation measures (e.g. HCPs, Conservation 
Agreements, Safe Harbor Agreements) should trigger revision of 
designated critical habitat to exclude such lands, and if so, by what 
mechanism.
    The proposed critical habitat units described below constitute our 
best assessment of the physical and biological features needed for the 
conservation of the 83 plant species, and the special management needs 
of these species, and are based on the best scientific and commercial 
information available and described above. We put forward this revised 
proposal acknowledging that we may have incomplete information 
regarding many of the primary biological and physical requirements for 
these species. However, both the Act and the relevant court order 
requires 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 the public 
hearing 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 landownership 
or jurisdiction are shown in Table 5.

  Table 5.--Approximate Proposed Critical Habitat Area by Unit and Land
           Ownership or Jurisdiction, Kauai County, Hawaii \1\
------------------------------------------------------------------------
                                 State/
          Unit name              local     Private    Federal     Total
------------------------------------------------------------------------
Kauai A1.....................  .........  2 ha (6    .........  2 ha (6
                                           ac)                   ac)
Kauai A2.....................  .........  6 ha (16   .........  6 ha (16
                                           ac)                   ac)
Kauai A3.....................  .........  6 ha (16   .........  6 ha (16
                                           ac)                   ac)
Kauai B......................  271 ha     .........  .........  271 ha
                                (669 ac)                         (669
                                                                 ac)
Kauai C......................  0.5 ha (1  97 ha      .........  97 ha
                                ac)        (239 ac)              (239
                                                                 ac)
Kauai D1.....................  2 ha (4    13 ha (31  .........  15 ha
                                ac)        ac)                   (35 ac)
Kauai D2.....................  .........  240 ha     .........  240 ha
                                           (594 ac)              (594
                                                                 ac)
Kauai E......................  .........  563 ha     .........  563 ha
                                           (1,390                (1,390
                                           ac)                   ac)
Kauai F......................  .........  5 ha (12   .........  5 ha (12
                                           ac)                   ac)
Kauai G......................  317 ha     .........  .........  317 ha
                                (784 ac)                         (784
                                                                 ac)
Kauai H1.....................  67 ha      .........  71 ha      138 ha
                                (165 ac)              (176 ac)   (341
                                                                 ac)
Kauai H2.....................  3 ha (7    .........  104 ha     107 ha
                                ac)                   (258 ac)   (265
                                                                 ac)
Kauai H3.....................  42 ha      .........  42 ha      84 ha
                                (103 ac)              (103 ac)   (206
                                                                 ac)
Kauai I......................  8,226 ha   12 ha (29  .........  8,237 ha
                                (20,326    ac)                   (20,355
                                ac)                              ac)
Kauai J......................  363 ha     5,173 ha   .........  5,536 ha
                                (898 ac)   (12,783               (13,681
                                           ac)                   ac)
Kauai K......................  718 ha     1,034 ha   .........  1,752 ha
                                (1,774     (2,556                (4,330
                                ac)        ac)                   ac)
Kauai L......................  3,372 ha   35 ha (85  .........  3,407 ha
                                (8,333     ac)                   (8,418
                                ac)                              ac)
Kauai M......................  1,459 ha   1,843 ha   .........  3,302 ha
                                (3,606     (4,554                (8,160
                                ac)        ac)                   ac)
Kauai N......................  2,713 ha   3,886 ha   .........  6,599 ha
                                (6,704     (9,603                (16,307
                                ac)        ac)                   ac)

[[Page 4000]]

 
Kauai O......................  9,451 ha   11 ha (27  .........  9,462 ha
                                (23,355    ac)                   (23,382
                                ac)                              ac)
Kauai Total..................  27,004 ha  12,926 ha  217 ha     40,147
                                (66,728    (31,941    (537 ac)   ha
                                ac)        ac)                   (99,206
                                                                 ac)
Niihau A.....................  .........  282 ha     .........  282 ha
                                           (697 ac)              (697
                                                                 ac)
      Grand Total............  27,004 ha  13,208 ha  217 ha     40,429
                                (66,728    (32,638    (537 ac)   ha
                                ac)        ac)                   (99,903
                                                                 ac)
------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK
  data (GDSI 2000) and USGS coastline, or differences due to rounding.

    Proposed critical habitat includes habitat for 83 species under 
private, State, and Federal jurisdiction (owned and leased lands), with 
Federal lands including lands managed by the Department of Defense. 
Lands proposed as critical habitat have been divided into 15 units 
(Kauai A through Kauai O) on the island of Kauai, and one unit on the 
island of Niihau (Niihau A). A brief description of each unit is 
presented below.

Descriptions of Critical Habitat Units

Kauai A

    The proposed unit Kauai A (units A1 through A3) provides occupied 
habitat for one species: Ischaemum byrone. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for its conservation on Kauai and 
provides habitat to support one or more of the 8 to 10 populations and 
300 mature individuals per population for Ischaemum byrone, throughout 
its known historical range considered by the recovery plan to be 
necessary for the conservation of this species. This unit also provides 
unoccupied habitat for one species: Centaurium sebaeoides. Designation 
of this unit is essential to the conservation of this species because 
it contains the physical and biological features that are considered 
essential for its conservation on Kauai, and provides habitat to 
support one or more additional populations necessary to meet the 
recovery objectives for this species of 8 to 10 populations and 500 
mature individuals per population for Centaurium sebaeoides, throughout 
its known historical range (see the discussion of conservation 
requirements in Section D, and in the table for Kauai A).

BILLING CODE 4310-55-P

[[Page 4001]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.000

    This unit (Kauai A) cluster contains a total of 15 ha (38 ac) on 
privately owned land. It is bordered on the northeast by the coastline 
and on the west by Princeville or Kilauea Point. Areas of dense 
development and subdivisions are excluded. It is within portions of the 
Anini and Kauapea watersheds. The natural features include: In unit A1, 
inland of the beach north of Princeville and north of Princeville Makai 
Golf Courses; unit A2, inland of the beach

[[Page 4002]]

north of Princeville, including Kaweonui Point; and in unit A3, inland 
of Kauapea Beach, between Niu flat and Kilauea Point.

Kauai B

    The proposed unit Kauai B provides occupied habitat for two 
species: Hibiscus clayi, and Munroidendron racemosum. It is proposed 
for designation because it contains the physical and biological 
features that are considered essential for their conservation on Kauai, 
and provides habitat to support one or more of the 8 to 10 populations 
and 100 mature individuals per population for Hibiscus clayi, or 300 
mature individuals per population for Munroidendron racemosum, 
throughout their known historical range considered by the recovery 
plans to be necessary for the conservation of each species (see the 
discussion of conservation requirements in Section D, and in the table 
for Kauai B).

[[Page 4003]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.001

    The unit (Kauai B) contains a total of 271 ha (669 ac) on State 
owned land. It is bounded on the south by the Wailua watershed and on 
the north by the Waiakaea watershed. It contains the Nonou Forest 
Reserve. The natural features found in this unit are the Nonou summit, 
and the Nonou Mountain or Sleeping Giant.

[[Page 4004]]

Kauai C

    The proposed unit Kauai C provides occupied habitat for two 
species: Brighamia insignis and Lobelia niihauensis. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on Kauai, and 
provides habitat to support one or more of the 8 to 10 populations and 
100 mature individuals per population (Brighamia insignis) or 300 
mature individuals per population (Lobelia niihauensis), throughout 
their known historical range considered by the recovery plans to be 
necessary for the conservation of each species (see the discussion of 
conservation requirements in Section D, and in the table for Kauai C).

[[Page 4005]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.002

    This unit (Kauai C) contains a total of 97 ha (239 ac) on State and 
privately owned lands. It is within the Huleia watershed. The natural 
features found in this unit are the cliffs north of Keopaweo and 
Kalanipuu summits and south of Huleia Stream (as it empties into 
Nawiliwili Harbor).

Kauai D

    The proposed unit Kauai D (units D1 and D2) provides unoccupied 
habitat for one species: Sesbania tomentosa.

[[Page 4006]]

Designation of this unit is essential to the conservation of this 
species because it contains the physical and biological features that 
are considered essential for its conservation on Kauai, and provides 
habitat to support one or more additional populations necessary to meet 
the recovery objectives for this species of 8 to 10 populations and 300 
mature individuals per population, throughout its known historical 
range (see the discussion of conservation requirements in Section D, 
and in the table for Kauai D).

[[Page 4007]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.003


[[Page 4008]]


    This unit (Kauai D) cluster contains a total of 255 ha (629 ac) on 
State and privately owned lands. It is within the Mahaulepu and Kipu 
Kai watersheds. The natural features include: in unit D1, Haula bay, 
Kamala Point, Kawailoa Bay, Kawelikoa Point, Kuahonu Point, Makawehi 
beach, Molehu cape, Naakea cape, Pakamoi bay, Paoo Point, and Puu 
Pihakapuu and in unit D2, Kaneaukai cape, Keoniloa Bay and Makahuena 
Point.

Kauai E

    The proposed unit Kauai E provides occupied habitat for eight 
species: Brighamia insignis, Delissea rhytidosperma, Isodendrion 
longifolium, Lipochaeta micrantha, Munroidendron racemosum, Peucedanum 
sandwicense, Pteralyxia kauaiensis and Schiedea nuttallii. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Kauai and provides habitat to support one or more of 
the 8 to 10 populations for each species and 100 mature individuals per 
population for Brighamia insignis, Munroidendron racemosum, Pteralyxia 
kauaiensis, and Schiedea nuttallii, or 300 mature individuals per 
population for Delissea rhytidosperma, Isodendrion longifolium, 
Lipochaeta micrantha, and Peucedanum sandwicense throughout their known 
historical range considered by the recovery plans to be necessary for 
the conservation of each species. This unit also provides unoccupied 
habitat for two species: Melicope haupuensis and Myrsine linearifolia. 
Designation of this unit is essential to the conservation of these 
species because it contains the physical and biological features that 
are considered essential for their conservation on Kauai, and provides 
habitat to support one or more additional populations necessary to meet 
the recovery objectives for these species of 8 to 10 populations and 
100 mature individuals per population for each species, throughout 
their known historical range (see the discussion of conservation 
requirements in Section D, and in the table for Kauai E).

[[Page 4009]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.004


[[Page 4010]]


    This unit (Kauai E) contains a total of 563 ha (1,390 ac) on 
privately owned land. It is within the Huleia, Mahaulepu and Kipu Kai 
watersheds. The natural features include: the Haupu summit, Hokulei 
Peak, Naluakeina summit, and Queen Victoria's Profile (a natural stone 
pillar).

Kauai F

    The proposed unit Kauai F provides occupied habitat for one 
species: Schiedea spergulina var. leiopoda. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for its conservation on Kauai, and 
provides habitat to support one or more of the 8 to 10 populations and 
300 mature individuals per population, throughout its known historical 
range considered by the recovery plans to be necessary for the 
conservation of the species (see the discussion of conservation 
requirements in Section D, and in the table for Kauai F).

[[Page 4011]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.005


[[Page 4012]]


    The unit (Kauai F) contains a total of 5 ha (12 ac) on privately 
owned land. It is within the Lawai watershed. The natural features 
include: the north-eastern facing cliffs above Lawai Stream within the 
NTBG property and just below the Luawai Reservoir.

Kauai G

    The proposed unit Kauai G provides occupied habitat for two 
species: Lipochaeta waimeaensis and Spermolepis hawaiiensis. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Kauai, and provides habitat to support one or more of 
the 8 to 10 populations for each species and 300 mature individuals per 
population (Lipochaeta waimeaensis), or 500 mature individuals per 
population (Spermolepis hawaiiensis), throughout their known historical 
range considered by the recovery plans to be necessary for the 
conservation of each species. This unit also provides unoccupied 
habitat for one species: Schiedea spergulina var. spergulina. 
Designation of this unit is essential to the conservation of this 
species because it contains the physical and biological features that 
are considered essential for its conservation on Kauai, and provides 
habitat to support one or more additional populations necessary to meet 
the recovery objectives for this species of 8 to 10 populations and 300 
mature individuals per population, throughout its known historical 
range (see the discussion of conservation requirements in Section D, 
and in the table for Kauai G).

[[Page 4013]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.006


[[Page 4014]]


    This unit (Kauai G) contains a total of 317 ha (784 ac) on State 
owned land. It is within the Waimea watershed. The natural features 
include the east-facing cliffs of Waimea Canyon.

Kauai H

    The proposed unit Kauai H (units H1 through H3) provides occupied 
habitat for two species: Panicum niihauense and Sesbania tomentosa. It 
is proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Kauai, and provides habitat to support one or more of 
the 8 to 10 populations for each species and 300 mature individuals per 
population for each species, throughout their known historical range 
considered by the recovery plans to be necessary for the conservation 
of each species (see the discussion of conservation requirements in 
Section D, and in the table for Kauai H).

[[Page 4015]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.007


[[Page 4016]]


    This unit (Kauai H) cluster contains a total of 329 ha (812 ac) on 
Federal and State owned lands. It is within the Nohomalu, Kaawaloa, 
Niu, and Hoea watersheds. The natural features include: in unit H1, 
inland and along the beach in the Polihale State Park and PMRF from 
Barking Sands up to Nohili Point; unit H2, inland and along the beach 
in the PMRF including the geographic features Mana Point and Waieli 
Draw stream; and in H3, inland and along the beach, partially in the 
PMRF, including Kokole Point and up to Second Ditch next to the drag 
strip.

Kauai I

    The proposed unit Kauai I provides occupied habitat for 49 species: 
Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Bonamia menziesii, Brighamia insignis, Centaurium sebaeoides, 
Chamaesyce halemanui, Cyperus trachysanthos, Delissea rhytidosperma, 
Delissea rivularis, Delissea undulata, Diellia pallida, Dubautia 
latifolia, Euphorbia haeleeleana, Exocarpos luteolus, Flueggea 
neowawraea, Gouania meyenii, Hedyotis cookiana, Hedyotis st.-johnii, 
Hibiscadelphus woodii, Hibiscus waimeae ssp. hannerae, Isodendrion 
laurifolium, Isodendrion longifolium, Kokia kauaiensis, Lipochaeta 
fauriei, Lobelia niihauensis, Melicope haupuensis, Melicope knudsenii, 
Melicope pallida, Munroidendron racemosum, Myrsine linearifolia, 
Nothocestrum peltatum, Peucedanum sandwicense, Phyllostegia wawrana, 
Plantago princeps, Poa mannii, Poa sandvicensis, Poa siphonoglossa, 
Pteralyxia kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea 
apokremnos, Schiedea kauaiensis, Schiedea membranacea, Schiedea 
spergulina var. spergulina, Solanum sandwicense, Stenogyne campanulata, 
Wilkesia hobdyi, and Xylosma crenatum. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on Kauai, and provides 
habitat to support one or more of the 8 to 10 populations for each 
species and 100 mature individuals per population for Alectryon 
macrococcus, Alsinidendron lychnoides, Brighamia insignis, Flueggea 
neowawraea, Hibiscadelphus woodii, Hibiscus waimeae ssp. hannerae, 
Kokia kauaiensis, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Pteralyxia kauaiensis, and Xylosma crenatum, or 300 mature 
individuals per population for Bonamia menziesii, Chamaesyce halemanui, 
Cyperus trachysanthos, Delissea rhytidosperma, Delissea rivularis, 
Delissea undulata, Diellia pallida, Dubautia latifolia, Euphorbia 
haeleeleana, Exocarpos luteolus, Gouania meyenii, Hedyotis cookiana, 
Hedyotis st.-johnii, Isodendrion laurifolium, Isodendrion longifolium, 
Lipochaeta fauriei, Lobelia niihauensis, Peucedanum sandwicense, 
Phyllostegia wawrana, Plantago princeps, Poa mannii, Poa sandvicensis, 
Poa siphonoglossa, Remya kauaiensis, Remya montgomeryi, Schiedea 
apokremnos, Schiedea kauaiensis, Schiedea membranacea, Schiedea 
spergulina var. spergulina, Solanum sandwicense, Stenogyne campanulata, 
and Wilkesia hobdyi, or 500 mature individuals per population for 
Centaurium sebaeoides, throughout their known historical range 
considered by the recovery plans to be necessary for the conservation 
of each species.
    This unit also provides unoccupied habitat for eleven species: 
Ctenitis squamigera, Cyanea recta, Cyanea remyi, Cyrtandra 
limahuliensis, Diplazium molokaiense, Hesperomannia lydgatei, Ischaemum 
byrone, Labordia lydgatei, Panicum niihauense, Platanthera holochila, 
and Sesbania tomentosa. Designation of this unit is essential to the 
conservation of these species because it contains the physical and 
biological features that are considered essential for their 
conservation on Kauai, and provides habitat to support one of more 
additional populations necessary to meet the recovery objectives of 8 
to 10 populations for each species and 100 mature individuals per 
population for Hesperomannia lydgatei, or 300 mature individuals per 
population for Ctenitis squamigera, Cyanea recta, Cyanea remyi, 
Cyrtandra limahuliensis, Diplazium molokaiense, Ischaemum byrone, 
Labordia lydgatei, Panicum niihauense, Platanthera holochila, and 
Sesbania tomentosa, throughout their known historical range (see the 
discussion of conservation requirements in Section D, and in the table 
for Kauai I).

[[Page 4017]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.008


[[Page 4018]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.009


[[Page 4019]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.010


[[Page 4020]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.011


[[Page 4021]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.012


[[Page 4022]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.013


[[Page 4023]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.014


[[Page 4024]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.015


[[Page 4025]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.016


[[Page 4026]]


    This unit (Kauai I) contains a total of 8,238 ha (20,355 ac) on 
State and privately owned lands. It is bordered by the Kaulaula 
watershed in the west and Maunapuluo watershed in the east and includes 
the Awaawapuhi, Haeleele, Hanakapiai, Hanakoa, Hikimoe, Honopu, 
Hoolulu, Kaaweiki, Kalalau, Kauhao, Limahuli, Makaha, Milolii, 
Nahomalu, Nakeikionaiwi, Nualolo, Pohakuao, Waiahuakua, Waimea, 
Wainiha, and Waiolaa watersheds. The natural features include: Alapii 
Point, Alealau summit, Awaawapuhi Valley, Haeleele Valley, Hanakapiai 
Stream, Hanakoa Stream, Honopu Valley, Hoolulu Stream, Kaaalahina 
Ridge, Kaahole Valley, Kainamanu summit, Kalahu summit, Kalalau Beach, 
Kalalau Stream, Kalalau Trail, Kalalau Valley, Kalepa Ridge, Kanakou 
summit, Kauhao Ridge, Kauhao Valley, Kaunuohua Ridge, Kawaiula Valley, 
Keanapuka summit, Kopakaka Ridge, Kuia Valley, Mahanaloa Valley, Makaha 
Ridge, Makaha Valley, Manono Ridge, Milolii Ridge, Milolii Valley, 
Moaalele summit, Mukuaiki Point, Na Pali, Nianiau summit, Nualolo 
Valley, Paaiki Valley, Pihea summit, Pohakea summit, Poopooiki Valley, 
Puanaiea Point, Puu Ki summit, Puu o Kila summit, Waiahuakua summit, 
and Waiahuakua Stream. This unit contains portions of Haena State Park, 
Kokee State Park, Na Pali-Kona Forest Reserve, Polihale State Park, Puu 
Ka Pele Forest Reserve, and Waimea Canyon State Park and all of the 
Hono o Na Pali Natural Area Reserve, Kuia Natural Area Reserve, Na Pali 
Coast State Park, and the PMRF Makaha Ridge Facility.

Kauai J

    The proposed unit Kauai J provides occupied habitat for 14 species: 
Adenophorus periens, Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, 
Cyrtandra limahuliensis, Hesperomannia lydgatei, Hibiscus waimeae ssp. 
hannerae, Isodendrion longifolium, Labordia lydgatei, Lobelia 
niihauensis, Myrsine linearifolia, Peucedanum sandwicense, Plantago 
princeps, and Schiedea membranacea. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on Kauai, and provides 
habitat to support one or more of the 8 to 10 populations for each 
species and 100 mature individuals per population for Hesperomannia 
lydgatei, Hibiscus waimeae ssp. hannerae, and Myrsine linearifolia, or 
300 mature individuals per population for Adenophorus periens, Cyanea 
recta, Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra limahuliensis, 
Isodendrion longifolium, Labordia lydgatei, Lobelia niihauensis, 
Peucedanum sandwicense, Plantago princeps, and Schiedea membranacea, 
throughout their known historical range considered by the recovery 
plans to be necessary for the conservation of each species.
    This unit also provides unoccupied habitat for 12 species: 
Alsinidendron lychnoides, Bonamia menziesii, Brighamia insignis, 
Delissea rivularis, Delissea undulata, Euphorbia haeleeleana, Exocarpos 
luteolus, Munroidendron racemosum, Phyllostegia wawrana, Platanthera 
holochila, Remya montgomeryi, and Schiedea kauaiensis. Designation of 
this unit is essential to the conservation of these species because it 
contains the physical and biological features that are considered 
essential for their conservation on Kauai, and provides habitat to 
support one or more additional populations necessary to meet the 
recovery objectives of 8 to 10 populations and 100 mature individuals 
per population for Alsinidendron lychnoides, Brighamia insignis, and 
Munroidendron racemosum, or 300 mature individuals per population for 
Bonamia menziesii, Delissea rivularis, Delissea undulata, Euphorbia 
haeleeleana, Exocarpos luteolus, Phyllostegia wawrana, Platanthera 
holochila, Remya montgomeryi, and Schiedea kauaiensis, throughout their 
known historical range (see the discussion of conservation requirements 
in Section D, and in the table for Kauai J).

[[Page 4027]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.017


[[Page 4028]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.018


[[Page 4029]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.019


[[Page 4030]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.020


[[Page 4031]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.021


[[Page 4032]]


    This unit (Kauai J) contains a total of 5,536 ha (13,681 ac) on 
State and privately owned lands. It is bordered by the Limahuli 
watershed in the north, the Wainiha watershed in the south and contains 
a portion of the Manoa watershed. The natural features include: 
Hinalele Falls, Hono o Na Pali, Kilohana summit, Kulanaililia summit, 
Limahuli Falls, Mahinakehau Ridge, Makana summit, Maunahina Stream, 
Maunapuluo summit, Pali Eleele summit, Pohakukane cliff, Puu Iliahi, 
Puwainui Falls, Waikanaloa Wet Cave, Waikapalae Wet Cave, and Wainiha 
Pali. It contains portions of the Halelea Forest Reserve.

Kauai K

    The proposed unit Kauai K provides occupied habitat for ten 
species: Adenophorus periens, Cyanea recta, Cyanea remyi, Cyrtandra 
cyaneoides, Cyrtandra limahuliensis, Hesperomannia lydgatei, 
Isodendrion longifolium, Labordia lydgatei, Myrsine linearifolia, and 
Plantago princeps. It is proposed for designation because it contains 
the physical and biological features that are considered essential for 
their conservation on Kauai, and provides habitat to support one or 
more of the 8 to 10 populations for each species and 100 mature 
individuals per population for Hesperomannia lydgatei and Myrsine 
linearifolia, or 300 mature individuals per population for Adenophorus 
periens, Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra 
limahuliensis, Isodendrion longifolium, Labordia lydgatei, and Plantago 
princeps, throughout their known historical range considered by the 
recovery plans to be necessary for the conservation of each species. 
This unit also provides unoccupied habitat for three species: 
Alsinidendron lychnoides, Bonamia menziesii, and Schiedea membranacea. 
Designation of this unit is essential to the conservation of these 
species because it contains the physical and biological features that 
are considered essential for their conservation on Kauai and provides 
habitat to support one or more additional populations necessary to meet 
the recovery objectives of 8 to 10 populations for each species and 100 
mature individuals per population for Alsinidendron lychnoides, or 300 
mature individuals per population for Bonamia menziesii, and Schiedea 
membranacea, throughout their known historical range (see the 
discussion of conservation requirements in Section D, and in the table 
for Kauai K).

[[Page 4033]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.022


[[Page 4034]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.023


[[Page 4035]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.024


[[Page 4036]]


    This unit (Kauai K) contains a total of 1,752 ha (4,330 ac) on 
State and privately owned lands. It is bordered on the west by the 
Lumahai watershed and on the east by Waioli watershed and contains a 
portion of the Waipa watershed. The natural features include: Hihimanu 
summit, Mamalahoa summit, Namolokama Mountain, and Puu Manu. The 
westernmost portion of this unit is in the Halelea Forest Reserve.

Kauai L

    The proposed unit Kauai L provides occupied habitat for one 
species: Plantago princeps. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on Kauai, and provides habitat to 
support one or more of the 8 to10 populations and 300 mature 
individuals per population, throughout its known historical range 
considered by the recovery plan to be necessary for the conservation of 
this species. This unit also provides unoccupied habitat for 12 
species: Adenophorus periens, Bonamia menziesii, Cyanea recta, Cyanea 
remyi, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Hesperomannia 
lydgatei, Isodendrion longifolium, Labordia lydgatei, Lysimachia 
filifolia, Myrsine linearifolia, and Platanthera holochila. Designation 
of this unit is essential to the conservation of these species because 
it contains the physical and biological features that are considered 
essential for their conservation on Kauai, and provides habitat to 
support one or more additional populations necessary to meet the 
recovery objectives of 8 to 10 populations for each species and 100 
mature individuals per population for Hesperomannia lydgatei and 
Myrsine linearifolia, or 300 mature individuals per population for 
Adenophorus periens, Bonamia menziesii, Cyanea recta, Cyanea remyi, 
Cyrtandra cyaneoides, Cyrtandra limahuliensis, Isodendrion longifolium, 
Labordia lydgatei, Lysimachia filifolia, and Platanthera holochila, 
throughout their known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Kauai L).

[[Page 4037]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.025


[[Page 4038]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.026


[[Page 4039]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.027


[[Page 4040]]


    This unit (Kauai L) contains a total of 3,407 ha (8,418 ac) on 
State and privately owned lands. It is within the Hanalei watershed. 
The natural features include: Kaliko summit, Kaumanalehua summit, 
Kawailewa summit, Keanaawi Ridge, Kiloa summit, Maheo summit, and 
Pohakupele summit. This unit is within a portion of the Halelea Forest 
Reserve.

Kauai M

    The proposed unit Kauai M provides occupied habitat for eight 
species: Adenophorus periens, Cyanea asarifolia, Cyanea recta, Cyanea 
remyi, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Labordia 
lydgatei, and Phyllostegia wawrana. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on Kauai, and provides 
habitat to support one or more of the 8 to 10 populations for each 
species and 300 mature individuals per population throughout their 
known historical range considered by the recovery plans to be necessary 
for the conservation of each species. This unit also provides 
unoccupied habitat for one species: Bonamia menziesii. Designation of 
this unit is essential to the conservation of this species because it 
contains the physical and biological features that are considered 
essential for its conservation on Kauai, and provides habitat to 
support one or more additional populations necessary to meet the 
recovery objectives for this species of 8 to10 populations and 300 
mature individuals per population, throughout its known historical 
range (see the discussion of conservation requirements in Section D, 
and in the table for Kauai M).

[[Page 4041]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.028


[[Page 4042]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.029


[[Page 4043]]


    This unit (Kauai M) contains a total of 3,302 ha (8,160 ac) on 
State and privately owned lands. It contains portions of the Anahola, 
Kalihiwai, Kapaa, and Kilauea watersheds. The natural features include: 
Haleone summit, Kahili summit, Kamahuna summit, Kamalii Ridge, Keahua 
summit, Kekoiki summit, Leleiwi summit, Makaleha summit, Makaleha 
Mountains, Malamalamaiki summit, Namahana Mount, Pohakupili summit, Puu 
Awa, Puu Eu, Uluawaa summit, and Waihunehune Falls. It contains 
portions of Kealia Forest Reserve and Moloaa Forest Reserve.

Kauai N

    The proposed unit Kauai N provides occupied habitat for 16 species: 
Adenophorus periens, Bonamia menziesii, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyrtandra limahuliensis, Dubautia pauciflorula, 
Exocarpos luteolus, Isodendrion longifolium, Labordia lydgatei, 
Labordia tinifolia var. wahiawaensis, Lysimachia filifolia, Myrsine 
linearifolia, Plantago princeps, Viola helenae, and Viola kauaiensis 
var. wahiawaensis. It is proposed for designation because it contains 
the physical and biological features that are considered essential for 
their conservation on Kauai, and provides habitat to support one or 
more of the 8 to 10 populations for each species and 100 mature 
individuals per population for Labordia tinifolia var. wahiawaensis and 
Myrsine linearifolia, or 300 mature individuals per population for 
Adenophorus periens, Bonamia menziesii, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyrtandra limahuliensis, Dubautia pauciflorula, 
Exocarpos luteolus, Isodendrion longifolium, Labordia lydgatei, 
Lysimachia filifolia, Plantago princeps, Viola helenae, and Viola 
kauaiensis var. wahiawaensis, throughout their known historical range 
considered by the recovery plans to be necessary for the conservation 
of each species. This unit also provides unoccupied habitat for seven 
species: Cyanea undulata, Cyrtandra cyaneoides, Delissea rivularis, 
Hesperomannia lydgatei, Phlegmariurus nutans, Phyllostegia wawrana, and 
Platanthera holochila. Designation of this unit is essential to the 
conservation of these species because it contains the physical and 
biological features that are considered essential for their 
conservation on Kauai, and provides habitat to support one or more 
additional populations necessary to meet the recovery objectives of 8 
to 10 populations for each species and 100 mature individuals per 
population for Hesperomannia lydgatei, or 300 mature individuals per 
population for Cyanea undulata, Cyrtandra cyaneoides, Delissea 
rivularis, Phlegmariurus nutans, Phyllostegia wawrana, and Platanthera 
holochila), throughout their known historical range (see the discussion 
of conservation requirements in Section D, and in the table for Kauai 
N).

[[Page 4044]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.030


[[Page 4045]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.031


[[Page 4046]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.032


[[Page 4047]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.033


[[Page 4048]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.034

    This unit (Kauai N) contains a total of 6,599 ha (16,307 ac) on 
State and privately owned lands. The majority of this unit is in the 
Wailua watershed with the southernmost portion in the Wahiawa watershed 
with the Huleia watershed in between. The natural features include: 
Hanalei summit, Iole summit, Iole Stream, Kahili summit, Kalalea 
summit, Kamanu summit, Kanaele Swamp, Kapakaiki Falls, Kapakanui Falls, 
Kapalaoa summit,

[[Page 4049]]

Kapehuaala summit, Kaulu Stream, Kawaikini summit, Kualapa summit, 
Kuilau Ridge, Palikea summit, and Wekiu summit. Includes a portion of 
the Lihue-Koloa Forest Reserve.

Kauai O

    The proposed unit Kauai O provides occupied habitat for 41 species: 
Alectryon macrococcus, Alsinidendron lychnoides, Alsinidendron 
viscosum, Bonamia menziesii, Chamaesyce halemanui, Diellia erecta, 
Diellia pallida, Dubautia latifolia, Euphorbia haeleeleana, Exocarpos 
luteolus, Flueggea neowawraea, Gouania meyenii, Isodendrion 
laurifolium, Kokia kauaiensis, Lipochaeta fauriei, Lipochaeta 
micrantha, Lobelia niihauensis, Melicope haupuensis, Melicope 
knudsenii, Melicope pallida, Munroidendron racemosum, Myrsine 
linearifolia, Nothocestrum peltatum, Peucedanum sandwicense, 
Phyllostegia knudsenii, Phyllostegia waimeae, Phyllostegia wawrana, 
Platanthera holochila, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea helleri, 
Schiedea membranacea, Schiedea spergulina var. spergulina, Schiedea 
stellarioides, Solanum sandwicense, Spermolepis hawaiiensis, Xylosma 
crenatum, Zanthoxylum hawaiiense. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on Kauai, and provides 
habitat to support one or more of the 8 to 10 populations for each 
species and 100 mature individuals per population for Alectryon 
macrococcus, Alsinidendron lychnoides, Flueggea neowawraea, Kokia 
kauaiensis, Melicope haupuensis, Melicope knudsenii, Melicope pallida, 
Munroidendron racemosum, Myrsine linearifolia, Nothocestrum peltatum, 
Xylosma crenatum, and Zanthoxylum hawaiiense, or 300 mature individuals 
per population for Alsinidendron viscosum, Bonamia menziesii, 
Chamaesyce halemanui, Diellia erecta, Diellia pallida, Dubautia 
latifolia, Euphorbia haeleeleana, Exocarpos luteolus, Gouania meyenii, 
Isodendrion laurifolium, Lipochaeta fauriei, Lipochaeta micrantha, 
Lobelia niihauensis, Peucedanum sandwicense, Phyllostegia knudsenii, 
Phyllostegia waimeae, Phyllostegia wawrana, Platanthera holochila, Poa 
sandvicensis, Poa siphonoglossa, Remya kauaiensis, Remya montgomeryi, 
Schiedea helleri, Schiedea membranacea, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, and Solanum sandwicense, or 500 
mature individuals per population for Spermolepis hawaiiensis, 
throughout their known historical range considered by the recovery 
plans to be necessary for the conservation of each species. This unit 
also provides unoccupied habitat for 10 species: Adenophorus periens, 
Cyanea recta, Delissea rivularis, Diplazium molokaiensis, Isodendrion 
longifolium, Mariscus pennatiformis, Plantago princeps, Poa mannii, 
Schiedea kauense, and Stenogyne campanulata. Designation of this unit 
is essential to the conservation of these species because it contains 
the physical and biological features that are considered essential for 
their conservation on Kauai, and provides habitat to support one or 
more additional populations necessary to meet the recovery objective of 
8 to 10 populations and 300 mature individuals per population for each 
species, throughout their known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Kauai O).

[[Page 4050]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.035


[[Page 4051]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.036


[[Page 4052]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.037


[[Page 4053]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.038


[[Page 4054]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.039


[[Page 4055]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.040


[[Page 4056]]


[GRAPHIC] [TIFF OMITTED] TP28JA02.041


[[Page 4057]]


    This unit (Kauai O) contains a total of 9,462 ha (23.382 ac) on 
State and privately owned lands. This unit is predominately in the 
Waimea watershed with a small portion extending into upper reaches of 
the Haeleele, Hikimoe, Kaaweiki, Kaulaula, and Nahomalu watersheds. The 
natural features include: the Alakai Swamp, Awini Falls, Awini Stream, 
Halehaha Stream, Halemanu Stream, Halepaakai Stream, Hipalau Valley, 
Kaaha summit, Kaluahaulu Ridge, Kaou summit, Kauaikinana Stream, 
Kawaiiki Ridge, Kawaiiki Valley, Kawaikoi Stream, Kipalau Valley, Koali 
summit, Kohua Ridge, Kokee Stream, Kumuwela Ridge, Loli River, Moeloa 
Falls, Mohihi Falls, Mohihi Stream, Nawaimaka Stream, Puu Lua summit, 
Wahane Valley, Waiakoali Stream, Waialae Falls, and Waipoo Falls. This 
unit contains portions of Alakai Wilderness Preserve, Halelea Forest 
Reserve, Hono o Na Pali Natural Area Reserve, Kokee State Park, Kuia 
Natural Area Reserve, Na Pali Coast State Park, Na Pali-Kona Forest 
Reserve, Puu Ka Pele Forest Reserve, and Waimea Canyon State Park.

Niihau A

    The proposed unit Niihau A provides occupied habitat for two 
species: Brighamia insignis, and Cyperus trachysanthos. It is proposed 
for designation because it contains the physical and biological 
features that are considered essential for their conservation on 
Niihau, and provides habitat to support one or more of the 8 to 10 
populations for each species and 100 mature individuals per population 
for Brighamia insignis or 300 mature individuals per population for 
Cyperus trachysanthos, throughout their known historical range 
considered by the recovery plans to be necessary for the conservation 
of each species (see the discussion of conservation requirements in 
Section D, and in the table for Niihau A).

[[Page 4058]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.042

4310-55-C

[[Page 4059]]

Key for Tables Kauai A-O and Niihau A

 Not all suitable habitat is designated, only those 
areas essential to the conservation of the species.
    1. This unit is needed to meet the recovery plan objectives of 8 
to 10 viable populations (self perpetuating and sustaining for at 
least 5 years) with 100 to 500 mature, reproducing individuals per 
species throughout its historical range as specified in the recovery 
plans.
    2. Island endemic.
    3. Multi-island species with current locations on other islands.
    4. Multi-island species with no current locations on other 
islands.
    5. Current locations do not necessarily represent viable 
populations with the required number of mature individuals.
    6. Several current locations may be affected by one naturally 
occurring, catastrophic event.
    7. Species with variable habitat requirements, usually over wide 
areas. Wide ranging species require more space per individual over 
more land area to provide needed primary constituent elements to 
maintain healthy population size.
    8. Not all currently occupied habitat was determined to be 
essential to the recovery of the species.
    9. Life history, long-lived perennial--100 mature, reproducing 
individuals needed per population.
    10. Life history, short-lived perennial--300 mature, reproducing 
individuals needed per population.
    11. Life history, annual--500 mature, reproducing individuals 
needed per population.
    12. Narrow endemic, the species probably never naturally 
occurred in more than a single or a few populations.
    13. Species has extremely restricted, specific habitat 
requirements.
    14. Hybridization is possible so distinct populations of related 
species should not overlap, requiring more land area.

    This unit (Niihau A) contains a total of 282 ha (697 ac) on 
privately owned land. The natural features include Puu Alala, Mokouia 
Valley, and two unnamed intermittent bodies of water near Puu Alala.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat. Destruction or 
adverse modification occurs when a Federal action directly or 
indirectly alters critical habitat to the extent it appreciably 
diminishes the value of critical habitat for the conservation of the 
species. 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 requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with us on any action that is likely to jeopardize the continued 
existence of a species proposed for listing 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 the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species was 
listed or critical habitat was designated. We may adopt the formal 
conference report as the biological opinion when the species is listed 
or critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that actions 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, the 
Federal action agency would ensure that the permitted actions do not 
destroy or adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we would 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. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions under certain 
circumstances, including instances where critical habitat is 
subsequently designated and the Federal agency has retained 
discretionary involvement, or control has been retained or is 
authorized by law. Consequently, some Federal agencies may request 
reinitiation of consultation or conferencing with us on actions for 
which formal consultation has been completed if those actions may 
affect designated critical habitat or adversely modify or destroy 
proposed critical habitat.
    Activities on Federal lands that may affect critical habitat of one 
or more of the 83 plant species will require Section 7 consultation. 
Activities on private or State lands requiring a permit from a Federal 
agency, such as a permit from the U.S. Army Corps of Engineers (Corps) 
under section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.), or a 
section 10(a)(1)(B) permit from us, or some other Federal action, 
including funding (e.g. from the Federal Highway Administration, 
Federal Aviation Administration (FAA), Federal Emergency Management 
Agency (FEMA)), permits from the Department of Housing and Urban 
Development, activities funded by the EPA, Department of Energy, or any 
other Federal agency; regulation of airport improvement activities by 
the FAA; and construction of communication sites licensed by the 
Federal Communication Commission will also continue to be subject to 
the section 7 consultation process. Federal actions not affecting 
critical habitat and actions on non-Federal lands that are not 
federally funded, authorized, or permitted do 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. 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

[[Page 4060]]

adversely affect critical habitat include, but are not limited to--
    (1) Activities that appreciably degrade or destroy the primary 
constituent elements including, but not limited to: overgrazing; 
maintenance of feral ungulates; clearing or 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); introducing or enabling the spread of 
non-native species; and taking actions that pose a risk of fire.
    (2) Activities that alter watershed characteristics in ways that 
would appreciably reduce groundwater recharge or alter natural, dynamic 
wetland or other vegetative communities. Such activities may include 
water diversion or impoundment, excess groundwater pumping, 
manipulation of vegetation such as timber harvesting, residential and 
commercial development, and grazing of livestock or horses that 
degrades watershed values.
    (3) Rural residential construction that includes concrete pads for 
foundations and the installation of septic systems where a permit under 
section 404 of the Clean Water Act would be required by the Corps.
    (4) Recreational activities that appreciably degrade vegetation.
    (5) Mining of sand or other minerals.
    (6) Introducing or encouraging the spread of non-native plant 
species.
    (7) Importation of non-native species for research, agriculture, 
and aquaculture, and the release of biological control agents.
    If you have questions regarding whether specific activities will 
likely 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 
plants and animals, and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Branch of Endangered 
Species/Permits, 911 N.E. 11th Ave., Portland, Oregon 97232-4181 
(telephone 503/231-2063; facsimile 503/231-6243).

Relationship to Habitat Conservation Plans and Other Planning Efforts

    Currently, there are no HCPs that include any of the plant species 
discussed in this proposal as covered species. In the event that future 
HCPs covering any of the discussed plant species are developed within 
the boundaries of designated critical habitat, we will work with 
applicants to encourage them to provide for protection and management 
of habitat areas essential to the conservation of the species. This 
could be accomplished by either directing development and habitat 
modification to nonessential areas, or appropriately modifying 
activities within essential habitat areas so that such activities will 
not adversely modify the primary constituent elements. The HCP 
development process would provide an opportunity for more intensive 
data collection and analysis regarding the use of particular areas by 
these plant species. If an HCP that addresses one or more of the 83 
plant species as covered species is ultimately approved, we will 
reassess the critical habitat boundaries in light of the HCP. We intend 
to undertake this review when the HCP is approved, but funding and 
priority constraints may influence the timing of such a review.
Application of the Section 3(5)(A) Criteria Regarding Special 
Management Considerations or Protection
    Critical habitat is defined in section 3, paragraph (5)(A) 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. Special management and protection are not 
required if adequate management and protection are already in place. 
Adequate special management or protection is provided by a legally 
operative plan/agreement that addresses the maintenance and improvement 
of the primary constituent elements important to the species and 
manages for the long-term conservation of the species. If any areas 
containing the primary constituent elements are currently being managed 
to address the conservation needs of one or more of the 83 plant 
species and do not require special management or protection, these 
areas would not meet the definition of critical habitat in section 
3(5)(A)(i) of the Act and would not be included in this proposed rule.
    To determine if a plan provides adequate management or protection 
we consider--(1) Whether there is a current plan specifying the 
management actions and whether such actions provide sufficient 
conservation benefit to the species; (2) whether the plan provides 
assurances that the conservation management strategies will be 
implemented; and (3) whether the plan provides assurances that the 
conservation management strategies will be effective. In determining if 
management strategies are likely to be implemented, we consider 
whether--(a) A management plan or agreement exists that specifies the 
management actions being implemented or to be implemented; (b) there is 
a timely schedule for implementation; (c) there is a high probability 
that the funding source(s) or other resources necessary to implement 
the actions will be available; and (d) the party(ies) have the 
authority and long-term commitment to implement the management actions, 
as demonstrated, for example, by a legal instrument providing enduring 
protection and management of the lands. In determining whether an 
action is likely to be effective, we consider whether--(a) The plan 
specifically addresses the management needs, including reduction of 
threats to the species; (b) such actions have been successful in the 
past; (c) there are provisions for monitoring and assessment of the 
effectiveness of the management actions; and (d) adaptive management 
principles have been incorporated into the plan.
    The Sikes Act Improvements Act of 1997 (Sikes Act) requires each 
military installation that includes land and water suitable for the 
conservation and management of natural resources to complete, by 
November 17, 2001, an INRMP. An INRMP integrates implementation of the 
military mission of the installation with stewardship of the natural 
resources found there. Each INRMP includes an assessment of the 
ecological needs on the installation, including needs to provide for 
the conservation of listed species; a statement of goals and 
priorities; a detailed description of management actions to be 
implemented to provide for these ecological needs; and a monitoring and 
adaptive management plan. We consult with the military on the 
development and implementation of INRMPs for installations with listed 
species. We believe that bases that have completed and approved INRMPs 
that address the needs of the species generally do not meet the 
definition of critical habitat discussed above, because they require no 
additional special management or protection. Therefore, we do not 
include these areas in critical habitat designations if they meet the 
following three criteria: (1) A current INRMP must be complete and 
provide a conservation benefit to the species; (2)

[[Page 4061]]

the plan must provide assurances that the conservation management 
strategies will be implemented; and (3) the plan must provide 
assurances that the conservation management strategies will be 
effective, by providing for periodic monitoring and revisions as 
necessary. If all of these criteria are met, then the lands covered 
under the plan would not meet the definition of critical habitat.
    Two species, Panicum niihauense and Wilkesia hobdyi, occur on the 
Barking Sands and Makaha Ridge Facility lands, and we believe these 
lands are needed for the recovery of these species. Management on these 
lands currently consist of restricting human access and mowing 
landscaped areas. We do not believe that these measures are sufficient 
to address the primary threats to these species, nor do we believe that 
appropriate conservation management strategies will be adequately 
funded or effectively implemented. Therefore, we cannot at this time 
find that management of these lands under Federal jurisdiction is 
adequate to preclude a proposed designation of critical habitat. 
However, if an INRMP or other endangered species management plan that 
addresses the maintenance and improvement of the essential elements for 
these two plant species, and provides for their long-term conservation 
and assurances that it will is completed and implemented, we will 
reassess the critical habitat boundaries in light of these management 
plans. Also, we may exclude these military lands under section 4(b)(2) 
of the Act if benefits of exclusion outweigh the benefits of including 
the areas within critical habitat, provided the exclusion will not 
result in extinction of the species.

Economic and Other Relevant Impacts

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat if the 
exclusion will result in the extinction of the species concerned.
    We prepared an analysis of the economic effects of critical habitat 
designation for 76 Kauai and Niihau plants (Decision Analysts Hawaii, 
Inc. (DAHI) 2001) and made it available for public review on March 7, 
2001 (66 FR 13691). In that document, we concluded that no significant 
economic impacts were expected from critical habitat designation above 
and beyond those already caused by the listing of the 76 plant species 
because nearly all of the land within the proposed critical habitat 
unit is unsuitable for development due to their remote locations, lack 
of access, and rugged terrain; nearly all of this land (98.5 percent) 
is within the State Conservation District where state land use controls 
severely limit development and most activities; very few of the current 
and planned projects, land uses, and activities that could affect the 
proposed critical habitat units have a Federal involvement requiring 
section 7 consultations and most of the activities that do have Federal 
involvement are operations and maintenance of existing facilities and 
structures, so they would not be impacted by the critical habitat 
designation. We will conduct a reanalysis of the economic impacts of 
designating these areas as critical habitat in light of this new 
proposal and in accordance with recent decisions in the N.M. 
Cattlegrowers Ass'n v. U.S. Fish and Wildlife Serv., 248 F.3d 1277 
(10th Cir. 2001) prior to a final determination. The economic analysis 
will include detailed information on the baseline costs and benefits of 
the critical habitat designation regardless of whether the costs are 
coextensive with listing, where such estimates are available. This 
information on the baseline will allow a fuller appreciation of the 
economic impacts associated with critical habitat designation. When 
completed, we will announce the availability of the revised draft 
economic analysis with a notice in the Federal Register, and we will 
open a public comment period on the revised draft economic analysis and 
re-open the comment period on the proposed rule at that time.
    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 the public 
hearing, 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.
    We invite comments from the public that provide information on 
whether lands within proposed critical habitat are currently being 
managed to address conservation needs of these listed plants. As stated 
earlier in this revised 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.
    We are soliciting comment in this revised proposed rule on whether 
current land management plans or practices applied within areas 
proposed as critical habitat adequately address the threat to these 
listed species.
    We are aware that the State of Hawaii and some private landowners 
are 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 Kauai. We are 
soliciting comments in this proposed rule on whether current land 
management plans or practices applied within the areas proposed as 
critical habitat provide for the conservation of the species by 
adequately addressing the threats. We are also soliciting comments on 
whether future development and approval of conservation measures (e.g., 
HCPs, Conservation Agreements, Safe Harbor Agreements) 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 those species for which prudency determinations 
have been published in previous proposed rules and which have been 
incorporated by reference;
    (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 the 83 species, and what habitat is

[[Page 4062]]

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, energy development, low income households, and local 
governments;
    (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);
    (7) The methodology we might use, under section 4(b)(2) of the Act, 
in determining if the benefits of excluding an area from critical 
habitat outweigh the benefits of specifying the area as critical 
habitat; and
    (8) The effects of critical habitat designation on military lands, 
and how it would affect military activities, particularly military 
activities at the PMRF at Barking Sands and Makaha Ridge Facility 
lands, both on the island of Kauai. Whether there will be a significant 
impact on military readiness or national security if we designate 
critical habitat on these facilities. Whether these facilities should 
be excluded from the designation under section 4(b)(2) of the Act.
    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 (see ADDRESSES section).
    The comment period closes on March 29, 2002. Written comments 
should be submitted to the Service Office listed in the ADDRESSES 
section. We are seeking comments or suggestions from the public, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties concerning the proposed rule. For 
additional information on public hearings see the ADDRESSES section.

Public Hearing

    The Act provides for a public hearing on this proposal, if 
requested. Requests for public hearings must be made within 45 days of 
the date of publication of this proposal in the Federal Register. Given 
the high likelihood of requests and the need to publish the final 
determination by July 30, 2002, we have scheduled a public hearing to 
be held 6:00 p.m. to 8:00 p.m., Wednesday, February 13, 2002, at the 
Radisson Kauai Beach Resort.
    Anyone wishing to make an oral statement for the record is 
encouraged to provide a written copy of their statement and present it 
to us at the hearing. In the event there is a large attendance, the 
time allotted for oral statements may be limited. Oral and written 
statements receive equal consideration. There are no limits to the 
length of written comments presented at the hearing or mailed to the 
Service.
    The public hearing will be held from 6:00 p.m. to 8:00 p.m. on 
Tuesday, January 29, 2002, on the island of Kauai, Hawaii. Prior to the 
public hearing, we will be available from 3:30 to 4:30 p.m. to provide 
information and to answer questions. Registration for the hearing will 
begin at 5:30 p.m. The public hearing will be held at the Radisson 
Kauai Beach Resort, 4331 Kauai Beach Drive, Lihue, Kauai.

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 a 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 revised 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?
    Please send any comments that concern how we could make this notice 
easier to understand to the Field Supervisor, Pacific Islands Office 
(see ADDRESSES).

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below. We 
are preparing a revised economic analysis of this proposed action, 
which will be available for public comment, to determine the economic 
consequences of designating the specific areas identified as critical 
habitat. The availability of the draft economic analysis will be 
announced in the Federal Register so that it is available for public 
review and comments.
    (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, we do not believe this rule will have an annual economic 
effect of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State or local governments 
or communities. Therefore, at this time, we do not believe a cost 
benefit and economic analysis pursuant to Executive Order 12866 is 
required. We will revisit this if the economic analysis indicates 
greater impacts than currently anticipated.

[[Page 4063]]

    The dates for which the 83 plant species were listed as threatened 
or endangered can be found in Table 4(b). Consequently, and as needed, 
we will conduct formal and informal section 7 consultations with other 
Federal agencies to ensure that their actions will not jeopardize the 
continued existence of these species. Under the Act, critical habitat 
may not be adversely modified by a Federal agency action. Critical 
habitat does not impose any restrictions on non-Federal persons unless 
they are conducting activities funded or otherwise sponsored, 
authorized, or permitted by a Federal agency (see Table 6).

      Table 6.--Impacts of Critical Habitat Designation for 83 Plants From the Islands of Kauai and Niihau
----------------------------------------------------------------------------------------------------------------
                                                                                         Additional activities
                                          Activities potentially affected by species    potentially affected by
        Categories of activities                         listing only                      critical habitat
                                                                                            designation \1\
----------------------------------------------------------------------------------------------------------------
Federal Activities Potentially Affected   Activities conducted by the Army Corps of   These same activities
 \2\.                                      Engineers, Department of Transportation,    carried out by Federal
                                           Department of Defense, Department of        Agencies in designated
                                           Agriculture, Environmental Protection       areas where section 7
                                           Agency, Federal Emergency Management        consultations would not
                                           Agency, Federal Aviation Administration,    have occurred but for the
                                           Federal Communications Commission,          critical habitat
                                           Department of Interior activities that      designation.
                                           require a Federal action (permit,
                                           authorization, or funding) and may remove
                                           or destroy habitat for these plants by
                                           mechanical, chemical, or other means
                                           (e.g., overgrazing, clearing, cutting
                                           native live trees and shrubs, water
                                           diversion, impoundment, groundwater
                                           pumping, road building, mining, herbicide
                                           application, recreational use etc.) or
                                           appreciably decrease habitat value or
                                           quality through indirect effects (e.g.,
                                           edge effects, invasion of exotic plants
                                           or animals, fragmentation of habitat).
Private or other non-Federal Activities   Activities conducted by the Army Corps of   These same activities
 Potentially Affected \3\.                 Engineers, Department of Transportation,    carried out by Federal
                                           Department of Defense, Department of        Agencies in designated
                                           Agriculture, Environmental Protection       areas where section 7
                                           Agency, Federal Emergency Management        consultations would not
                                           Agency, Federal Aviation Administration,    have occurred but for the
                                           Federal Communications Commission,          critical habitat
                                           Department of Interior activities that      designation.
                                           require a Federal action (permit,
                                           authorization, or funding) and may remove
                                           or destroy habitat for these plants by
                                           mechanical, chemical, or other means
                                           (e.g., overgrazing, clearing, cutting
                                           native live trees and shrubs, water
                                           diversion, impoundment, groundwater
                                           pumping, road building, mining, herbicide
                                           application, recreational use etc.) or
                                           appreciably decrease habitat value or
                                           quality through indirect effects (e.g.,
                                           edge effects, invasion of exotic plants
                                           or animals, fragmentation of habitat).
----------------------------------------------------------------------------------------------------------------
\1\ This column represents activities potentially affected by the critical habitat designation in addition to
  those activities potentially affected by listing the species.
\2\ Activities initiated by a Federal agency.
\3\ Activities initiated by a private or other non-Federal entity that may need Federal authorization or
  funding.

    Section 7 of the Act requires Federal agencies to ensure that they 
do not jeopardize the continued existence of these species. Based on 
our experience with these species and their needs, we conclude that 
most Federal or federally-authorized actions that could potentially 
cause an adverse modification of the proposed critical habitat would 
currently be considered as ``jeopardy'' under the Act in areas occupied 
by the species because consultation would already be required due to 
the presence of the listed species, and the duty to avoid adverse 
modification of critical habitat would not trigger additional 
regulatory impacts beyond the duty to avoid jeopardizing the species. 
Accordingly, we do not expect the designation of currently occupied 
areas as critical habitat to 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.
    The designation of areas as critical habitat where section 7 
consultations would not have occurred but for the critical habitat 
designation (that is, in areas currently unoccupied by the listed 
species), may have impacts that are not attributable to the species 
listing on what actions may or may not be conducted by Federal agencies 
or non-Federal persons who receive Federal authorization or funding. We 
will evaluate any impact through our economic analysis (under section 4 
of the Act; see Economic Analysis section of this rule). Non-Federal 
persons who do not have a Federal nexus with their actions are not 
restricted by the designation of critical habitat.
    (b) We do not expect this rule to 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 83 plant species since their listing between 1991 and 
1996. For the reasons discussed above, the prohibition against adverse 
modification of critical habitat would be expected to impose few, if 
any, additional restrictions to those that currently exist in the 
proposed critical habitat on currently occupied lands. However, we will 
evaluate any impact of designating areas where section 7 consultations 
would not have occurred but for the critical habitat designation 
through our economic analysis. Because of the potential for impacts on 
other Federal agency activities, we will continue to review this 
proposed action for any inconsistencies with other Federal agency 
actions.
    (c) We do not expect this proposed rule, if made final, to 
significantly 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 a listed species, and, as discussed above, 
we do not anticipate that the adverse modification prohibition, 
resulting from critical habitat designation will have any incremental 
effects in areas of occupied habitat on any Federal entitlement, grant, 
or loan program. We will evaluate any impact of designating areas where 
section 7 consultation would not have occurred but for the critical 
habitat designation through our economic analysis.
    (d) OMB has determined that this rule may raise novel legal or 
policy issues

[[Page 4064]]

and, as a result, this rule has undergone OMB review.

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Act (SBREFA) of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effects of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act (RFA) to require Federal agencies to provide a 
statement of the factual basis for certifying that the rule will not 
have a significant economic effect on a substantial number of small 
entities. SBREFA also amended the RFA to require a certification 
statement. In today's rule, we are certifying that the rule will not 
have a significant effect on a substantial number of substantial 
entities. However, should our revised economic analysis provide a 
contrary indication, we will revisit this determination at that time. 
The following discussion explains our rationale.
    Small entities include small organizations, such as independent 
non-profit organizations, and small governmental jurisdictions, 
including school boards and city and town governments that serve fewer 
than 50,000 residents, as well as small businesses. Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we consider the types 
of activities that might trigger regulatory impacts under this rule as 
well as the types of project modifications that may result. In general, 
the term significant economic impact is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, timber harvesting, etc.). We apply the 
``substantial number'' test individually to each industry to determine 
if certification is appropriate. In estimating the numbers of small 
entities potentially affected, we also consider whether their 
activities have any Federal involvement; some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies; non-Federal activities are 
not affected by the designation. In areas where the species is present, 
Federal agencies are already required to consult with us under section 
7 of the Act on activities that they fund, permit, or implement that 
may affect Adenophorus periens, Alectryon macrococcus, Alsinidendron 
lychnoides, Alsinidendron viscosum, Bonamia menziesii, Brighamia 
insignis, Centaurium sebaeoides, Chamaesyce halemanui, Ctenitis 
squamigera, Cyanea asarifolia, Cyanea recta, Cyanea remyi, Cyanea 
undulata, Cyperus trachysanthos, Cyrtandra cyaneoides, Cyrtandra 
limahuliensis, Delissea rhytidosperma, Delissea rivularis, Delissea 
undulata, Diellia erecta, Diellia pallida, Diplazium molokaiense, 
Dubautia latifolia, Dubautia pauciflorula, Euphorbia haeleeleana, 
Exocarpos luteolus, Flueggea neowawraea, Gouania meyenii, Hedyotis 
cookiana, Hedyotis st.-johnii, Hesperomannia lydgatei, Hibiscadelphus 
woodii, Hibiscus clayi, Hibiscus waimeae ssp. hannerae, Ischaemum 
byrone, Isodendrion laurifolium, Isodendrion longifolium, Kokia 
kauaiensis, Labordia lydgatei, Labordia tinifolia var. wahiawaensis, 
Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta waimeaensis, 
Lobelia niihauensis, Lysimachia filifolia, Mariscus pennatiformis, 
Melicope haupuensis, Melicope knudsenii, Melicope pallida, 
Munroidendron racemosum, Myrsine linearifolia, Nothocestrum peltatum, 
Panicum niihauense, Peucedanum sandwicense, Phlegmariurus nutans, 
Phyllostegia knudsenii, Phyllostegia waimeae, Phyllostegia wawrana, 
Plantago princeps, Platanthera holochila, Poa mannii, Poa sandvicensis, 
Poa siphonoglossa, Pteralyxia kauaiensis, Remya kauaiensis, Remya 
montgomeryi, Schiedea apokremnos, Schiedea helleri, Schiedea 
kauaiensis, Schiedea membranacea, Schiedea nuttallii, Schiedea 
spergulina var. leiopoda, Schiedea spergulina var. spergulina, Schiedea 
stellarioides, Sesbania tomentosa, Solanum sandwicense, Spermolepis 
hawaiiensis, Stenogyne campanulata, Viola helenae, Viola kauaiensis 
var. wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum 
hawaiiense. If these critical habitat designations are finalized, 
Federal agencies must also consult with us if their activities may 
affect designated critical habitat. However, in areas where the species 
is present, we do not believe this will result in any additional 
regulatory burden on Federal agencies or their applicants because 
consultation would already be required due to the presence of the 
listed species, and the duty to avoid adverse modification of critical 
habitat likely would not trigger additional regulatory impacts beyond 
the duty to avoid jeopardizing the species.
    Even if the duty to avoid adverse modification does not trigger 
additional regulatory impacts in areas where the species is present, 
designation of critical habitat could result in an additional economic 
burden on small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities. However, since these 83 
plant species were listed (between 1990 and 1996), there have been no 
formal consultations, and we have conducted only six informal 
consultations, in addition to consultations on Federal grants to State 
wildlife programs, which would not affect small entities. On the island 
of Kauai there have been no formal consultations regarding 
Alsinidendron lychnoides, Cyrtandra limahuliensis, Cyanea recta, 
Diellia erecta, Dubautia latifolia, Exocarpos luteolus, Panicum 
niihauense, Sesbania tomentosa, and Wilkesia hobdyi, with the Corps, 
Navy, and the U.S. Department of Agriculture. One informal consultation 
was conducted on behalf of the Corps for the Defense Environmental 
Restoration Program, who requested a list of endangered species on a 
site formerly used by the Department of Defense at the Wailua Impact 
Area. Three of the 83 species, Cyanea recta, Cyrtandra limahuliensis, 
and Exocarpos luteolus were reported from the project area. Four 
informal consultations were conducted with the Navy: one for the 
construction of a missile support facility at the PMRF at Barking Sands 
regarding several listed birds, a turtle, the Hawaiian monk seal,

[[Page 4065]]

Hawaiian hoary bat, and the endangered plant Sesbania tomentosa; one on 
the PMRF's Enhanced Capability regarding several listed birds and 
turtles, the Hawaiian hoary bat, Hawaiian monk seal, several whale 
species, and the plants Panicum niihauense and Sesbania tomentosa; one 
for the mountaintop surveillance sensor test integration center 
facility at PMRF at Barking Sands regarding several listed birds, the 
Hawaiian hoary bat, and the endangered plants Panicum niihauense and 
Sesbania tomentosa; and, one for the Navy's INRMP for PMRF at Barking 
Sands regarding several listed birds, a listed turtle, the Hawaiian 
hoary bat, and Wilkesia hobdyi. In addition, Panicum niihauense and 
Sesbania tomentosa were identified as occurring in Polihale State Park, 
adjacent to the Naval facility. The fifth informal consultation was 
conducted on one listed bird, the Hawaiian hoary bat, and three plants 
(Alsinidendron lychnoides, Dubautia latifolia, and Diellia erecta) with 
the NRCS through their Wildlife Incentive Program for noxious weed 
control actions on leased cabin lots within Kokee State Park. NRCS does 
not anticipate the need to reinitiate consultation for these on-going 
actions as these actions are not occurring within the areas of proposed 
critical habitat (Terrell Kelly, NRCS, pers. comm., 2001).
    Except for the NRCS project, none of these consultations affected 
or concerned small entities. In all five consultations, we concurred 
with each agency's determination that the project, as proposed, was not 
likely to adversely affect listed species. None of these consultations 
affected or concerned small entities, and none of the proposed projects 
are ongoing. As a result, the requirement to reinitiate consultation 
for ongoing projects will not affect a substantial number of small 
entities on Kauai.
    There have been no consultations on any of these 83 species on the 
island of Niihau. Therefore, the requirement to reinitiate 
consultations for ongoing projects will not affect a substantial number 
of small entities on Niihau.
    In areas where the species is clearly not present, designation of 
critical habitat could trigger additional review of Federal activities 
under section 7 of the Act, that would otherwise not be required. We 
are aware of relatively few activities in the proposed critical habitat 
areas for these 83 plants that have Federal involvement, and thus, 
would require consultation or reinitiation of already completed 
consultations for on-going projects. As mentioned above, we have 
conducted only five informal consultations under section 7 involving 
any of the species. As a result, we can not easily identify future 
consultations that may be due to the listing of the species or the 
increment of additional consultations that may be required by this 
critical habitat designation. Therefore, for the purposes of this 
review and certification under the Regulatory Flexibility Act, we are 
assuming that any future consultations in the area proposed as critical 
habitat will be due to the critical habitat designations.
    On Kauai, approximately 0.5 percent of the designations are on 
Federal lands, 66.8 percent are on State lands, and 32.7 percent are on 
private lands. Nearly all of the land within the critical habitat units 
will have limited suitability for development, land uses, and 
activities because of the remote locations, lack of access, and rugged 
terrain of these lands. Also, nearly all of this land (99.2 percent) is 
within the State Conservation District where State land-use controls 
severely limit development and most activities. Approximately 0.7 
percent of this land is within the State Agricultural District, and 
about 0.1 percent is within the State Urban District. On non-Federal 
lands, activities that lack Federal involvement would not be affected 
by the critical habitat designations. However, activities of an 
economic nature that are likely to occur on non-Federal lands in the 
area encompassed by these proposed designations consist of improvements 
in State parks and communications and tracking facilities; road 
improvements; recreational use such as hiking, camping, picnicking, 
game hunting, fishing; botanical gardens; and, crop farming. On lands 
that are in agricultural production, the types of activities that might 
trigger a consultation include irrigation ditch system projects that 
may require section 404 authorizations from the Corps, and watershed 
management and restoration projects sponsored by NRCS. However the NRCS 
restoration projects typically are voluntary, and the irrigation ditch 
system projects within lands that are in agricultural production are 
rare, and may affect only a small percentage of the small entities 
within these proposed critical habitat designations.
    Lands that are within the State Urban District are located within 
undeveloped coastal areas. The types of activities that might trigger a 
consultation include shoreline restoration or modification projects 
that may require section 404 authorizations from the Corps or FEMA, 
housing or resort development that may require permits from the 
Department of Housing and Urban Development, and activities funded or 
authorized by the EPA. However, we are not aware of a significant 
number of future activities that would be federally funded, permitted, 
or authorized in these coastal areas. Therefore, we conclude that the 
proposed rule would not affect a substantial number of small entities. 
We are not aware of any commercial activities on the Federal lands 
included in these proposed critical habitat designations.
    The entire island of Niihau is under one private ownership and 
within the State Agricultural District. The current and projected land 
uses on Niihau are cattle and sheep ranching, commercial game hunting, 
and military exercises to train downed combat pilots on how to evade 
capture (DAHI 2001). The proposed rule would not affect a substantial 
number of small agricultural entities on the island of Niihau. 
Therefore, we conclude that the proposed rule would not affect a 
substantial number of small entities.
    We also considered the likelihood that this rule would result in 
significant economic impacts to small entities. In general, two 
different mechanisms in section 7 consultations could lead to 
additional regulatory requirements. First, if we conclude, in a 
biological opinion, that a proposed action is likely to jeopardize the 
continued existence of a species or adversely modify its critical 
habitat, we can offer ``reasonable and prudent alternatives.'' 
Reasonable and prudent alternatives are alternative actions that can be 
implemented in a manner consistent with the scope of the Federal 
agency's legal authority and jurisdiction, that are economically and 
technologically feasible, and that would avoid jeopardizing the 
continued existence of listed species or resulting in adverse 
modification of critical habitat. A Federal agency and an applicant may 
elect to implement a reasonable and prudent alternative associated with 
a biological opinion that has found jeopardy or adverse modification of 
critical habitat. An agency or applicant could alternatively choose to 
seek an exemption from the requirements of the Act or proceed without 
implementing the reasonable and prudent alternative. However, unless an 
exemption were obtained, the Federal agency or applicant would be at 
risk of violating section 7(a)(2) of the Act if it chose to proceed 
without implementing the reasonable and prudent alternatives. Secondly, 
if we find that a proposed action is not likely to jeopardize the 
continued existence of a listed animal species, we may identify 
reasonable and prudent measures designed to minimize the amount or 
extent of take and require

[[Page 4066]]

the Federal agency or applicant to implement such measures through non-
discretionary terms and conditions. However, the Act does not prohibit 
the take of listed plant species or require terms and conditions to 
minimize adverse effect to critical habitat. We may also identify 
discretionary conservation recommendations designed to minimize or 
avoid the adverse effects of a proposed action on listed species or 
critical habitat, help implement recovery plans, or to develop 
information that could contribute to the recovery of the species.
    Based on our experience with section 7 consultations for all listed 
species, virtually all projects--including those that, in their initial 
proposed form, would result in jeopardy or adverse modification 
determinations in section 7 consultations--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures must be economically feasible and within 
the scope of authority of the Federal agency involved in the 
consultation. As we have a very limited consultation history for these 
83 species from Kauai and Niihau, we can only describe the general 
kinds of actions that may be identified in future reasonable and 
prudent alternatives. These are based on our understanding of the needs 
of these species and the threats they face, especially as described in 
the final listing rule and in this proposed critical habitat 
designation, as well as our experience with similar listed plants in 
Hawaii. In addition, all of these species are protected under the State 
of Hawaii's Endangered Species Act (Hawaii Revised Statutes, Chap. 
195D-4). Therefore, we have also considered the kinds of actions 
required under the State licensing process for these species. The kinds 
of actions that may be included in future reasonable and prudent 
alternatives include conservation set-asides, management of competing 
non-native species, restoration of degraded habitat, propagation, 
outplanting and augmentation of existing populations, construction of 
protective fencing, and periodic monitoring. These measures are not 
likely to result in a significant economic impact to a substantial 
number of small entities because there are not a substantial number of 
small entities affected.
    As required under section 4(b)(2) of the Act, we will conduct an 
analysis of the potential economic impacts of this proposed critical 
habitat designation, and will make that analysis available for public 
review and comment before finalizing these designations. In the absence 
of a revised economic analysis at this time, we have reviewed our 
previously available draft economic analysis of the likely economic 
impacts of designating critical habitat for 76 plants from the islands 
of Kauai and Niihau (66 FR 13691). In that analysis, which included 
proposed designations of critical habitat within 23 units on 24,349 ha 
(60,166 ac) on Kauai and 191 ha (471 ac) on Niihau, we determined that 
the designations would have modest economic impacts because nearly all 
of the land within the critical habitat units has limited suitability 
for development, land uses, and activities because of the remote 
locations, lack of access, and rugged terrain, of the land, and their 
inclusion within the State Conservation District where State land-use 
controls severely limit development and most activities. The proposed 
critical habitat designations were expected to cause little or no 
increase in the number of section 7 consultations; few, if any, 
increases in costs associated with consultations; and few, if any 
delays in, or modifications to planned projects, land uses and 
activities).
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements. First, if we 
conclude, in a biological opinion, that a proposed action is likely to 
jeopardize the continued existence of a species or adversely modify its 
critical habitat, we can offer ``reasonable and prudent alternatives.'' 
Reasonable and prudent alternatives are alternative actions that can be 
implemented in a manner consistent with the scope of the Federal 
agency's legal authority and jurisdiction, that are economically and 
technologically feasible, and that would avoid jeopardizing the 
continued existence of listed species or resulting in adverse 
modification of critical habitat. A Federal agency and an applicant may 
elect to implement a reasonable and prudent alternative associated with 
a biological opinion that has found jeopardy or adverse modification of 
critical habitat. An agency or applicant could alternatively choose to 
seek an exemption from the requirements of the Act or proceed without 
implementing the reasonable and prudent alternative. However, unless an 
exemption were obtained, the Federal agency or applicant would be at 
risk of violating section 7(a)(2) of the Act if it chose to proceed 
without implementing the reasonable and prudent alternatives. Secondly, 
if we find that a proposed action is not likely to jeopardize the 
continued existence of a listed animal species, we may identify 
reasonable and prudent measures designed to minimize the amount or 
extent of take and require the Federal agency or applicant to implement 
such measures through non-discretionary terms and conditions. However, 
the Act does not prohibit the take of listed plant species or require 
terms and conditions to minimize adverse effect to critical habitat. We 
may also identify discretionary conservation recommendations designed 
to minimize or avoid the adverse effects of a proposed action on listed 
species or critical habitat, help implement recovery plans, or to 
develop information that could contribute to the recovery of the 
species.
    Based on our experience with section 7 consultations for all listed 
species, virtually all projects--including those that, in their initial 
proposed form, would result in jeopardy or adverse modification 
determinations in section 7 consultations--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures, by definition, must be economically 
feasible and within the scope of authority of the Federal agency 
involved in the consultation.
    In summary, we have considered whether this proposed rule would 
result in a significant economic effect on a substantial number of 
small entities. It would not affect a substantial number of small 
entities. Approximately 67 percent of the lands proposed as critical 
habitat are on State of Hawaii lands. The State of Hawaii is not a 
small entity. Approximately 33 percent of the lands proposed as 
critical habitat are on private lands. Many of these parcels are 
located in areas where likely future land uses are not expected to 
result in Federal involvement or section 7 consultations. As discussed 
earlier, most of the private and State parcels within the proposed 
designation are currently being used for recreational and agricultural 
purposes and, therefore, are not likely to require any Federal 
authorization. In the remaining areas, Federal involvement--and thus 
section 7 consultations, the only trigger for economic impact under 
this rule--would be limited to a subset of the area proposed. The most 
likely future section 7 consultations resulting from this rule would be 
for informal consultations on federally funded land and water 
conservation projects, species-specific surveys and research projects, 
and watershed management and restoration projects sponsored by NRCS. 
These consultations would likely occur on only a subset of the total 
number of parcels and therefore not likely to affect a substantial 
number of small entities. This rule would result in project 
modifications only when proposed Federal activities would destroy or

[[Page 4067]]

adversely modify critical habitat. While this may occur, it is not 
expected frequently enough to affect a substantial number of small 
entities. Even when it does occur, we do not expect it to result in a 
significant economic impact, as the measures included in reasonable and 
prudent alternatives must be economically feasible and consistent with 
the proposed action. Therefore, since we are certifying that the 
proposed designation of critical habitat for the following species: 
Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Alsinidendron viscosum, Bonamia menziesii, Brighamia insignis, 
Centaurium sebaeoides, Chamaesyce halemanui, Ctenitis squamigera, 
Cyanea asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia erecta, 
Diellia pallida, Diplazium molokaiense, Dubautia latifolia, Dubautia 
pauciflorula, Euphorbia haeleeleana, Exocarpos luteolus, Flueggea 
neowawraea, Gouania meyenii, Hedyotis cookiana, Hedyotis st.-johnii, 
Hesperomannia lydgatei, Hibiscadelphus woodii, Hibiscus clayi, Hibiscus 
waimeae ssp. hannerae, Ischaemum byrone, Isodendrion laurifolium, 
Isodendrion longifolium, Kokia kauaiensis, Labordia lydgatei, Labordia 
tinifolia var. wahiawaensis, Lipochaeta fauriei, Lipochaeta micrantha, 
Lipochaeta waimeaensis, Lobelia niihauensis, Lysimachia filifolia, 
Mariscus pennatiformis, Melicope haupuensis, Melicope knudsenii, 
Melicope pallida, Munroidendron racemosum, Myrsine linearifolia, 
Nothocestrum peltatum, Panicum niihauense, Peucedanum sandwicense, 
Phlegmariurus nutans, Phyllostegia knudsenii, Phyllostegia waimeae, 
Phyllostegia wawrana, Plantago princeps, Platanthera holochila, Poa 
mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia kauaiensis, 
Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, Schiedea 
helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea nuttallii, 
Schiedea spergulina var. leiopoda, Schiedea spergulina var. spergulina, 
Schiedea stellarioides, Sesbania tomentosa, Solanum sandwicense, 
Spermolepis hawaiiensis, Stenogyne campanulata, Viola helenae, Viola 
kauaiensis var. wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and 
Zanthoxylum hawaiiense will not have a significant economic impact on a 
substantial number of small entities, and an initial regulatory 
flexibility analysis is not required. However, should the revised 
economic analysis of this rule indicate otherwise, we will revisit this 
determination.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Although this rule is 
a significant regulatory action under Executive Order 12866, it is not 
expected to significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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. We believe this rule, as proposed, will not ``significantly or 
uniquely'' affect small governments. A Small Government Agency Plan is 
not required. Small governments will not be affected unless they 
propose an action requiring Federal funds, permits or other 
authorizations. Any such activities will require that the Federal 
agency ensure that the action will not adversely modify or destroy 
designated critical habitat. However, as discussed above, these actions 
are currently subject to equivalent restrictions through the listing 
protections of the species, and no further restrictions are anticipated 
to result from critical habitat designation of occupied areas. In our 
economic analysis, we will evaluate any impact of designating areas 
where section 7 consultations would not have occurred but for the 
critical habitat designation.
    b. This rule, as proposed, will not produce a Federal mandate on 
State or local governments or the private sector 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.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the 83 species from Kauai and Niihau 
in a preliminary takings implication assessment. The takings 
implications assessment concludes that this proposed rule does not pose 
significant takings implications. Once the revised economic analysis is 
completed for this proposed rule, we will review and revise this 
preliminary assessment as warranted.

Federalism

    In accordance with Executive Order 13132, the proposed rule does 
not have significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of Interior policy, we requested 
information from appropriate State agencies in Hawaii. The designation 
of critical habitat in areas currently occupied by one or more of the 
83 plant species imposes no additional restrictions to those currently 
in place, and, therefore, has little incremental impact on State and 
local governments and their activities. The designation of critical 
habitat in unoccupied areas may require section 7 consultation on non 
Federal lands (where a Federal nexus occurs) that might otherwise not 
have occurred. However, there will be little additional impact on State 
and local governments and their activities because all but one of the 
proposed critical habitat areas are occupied by at least one species. 
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 specifically 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.

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 does meet the requirements of sections 3(a) and 
3(b)(2) of the Order. We are proposing to 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 83 plant species.

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

    This rule does not contain any new collections of information that 
require

[[Page 4068]]

approval by OMB under the Paperwork Reduction Act. This rule will not 
impose recordkeeping or reporting requirements on State or local 
governments, individuals, businesses, or organizations. An agency may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    We have determined we do not need to prepare an Environmental 
Assessment and/or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Endangered Species 
Act, as amended. We published a notice outlining our reason for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This proposed determination does not constitute a major Federal 
action significantly affecting the quality of the human environment.

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) E.O. 13175 and 512 DM 2, we readily 
acknowledge our responsibility to communicate meaningfully with 
recognized Federal Tribes on a government-to-government basis. We have 
determined that there are no Tribal lands essential for the 
conservation of these 83 plant species. Therefore, designation of 
critical habitat for these 83 species has not been proposed on Tribal 
lands.

References Cited

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

Authors

    The primary authors of this notice are Marigold Zoll, Gregory Koob, 
Christa Russell, and Michelle Stephens (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and 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, 
Alsinidendron lychnoides, Alsinidendron viscosum, Bonamia menziesii, 
Brighamia insignis, Centaurium sebaeoides, Chamaesyce halemanui, Cyanea 
asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Dubautia 
latifolia, Dubautia pauciflorula, Euphorbia haeleeleana, Exocarpos 
luteolus, Flueggea neowawraea, Gouania meyenii, Hedyotis cookiana, 
Hedyotis st.-johnii, Hesperomannia lydgatei, Hibiscadelphus woodii, 
Hibiscus clayi, Hibiscus waimeae ssp. hannerae, Ischaemum byrone, 
Isodendrion laurifolium, Isodendrion longifolium, Kokia kauaiensis, 
Labordia lydgatei, Labordia tinifolia var. wahiawaensis, Lipochaeta 
fauriei, Lipochaeta micrantha, Lipochaeta waimeaensis, Lobelia 
niihauensis, Lysimachia filifolia, Mariscus pennatiformis, Melicope 
haupuensis, Melicope knudsenii, Melicope pallida, Munroidendron 
racemosum, Myrsine linearifolia, Nothocestrum peltatum, Panicum 
niihauense, Peucedanum sandwicense, Phyllostegia knudsenii, 
Phyllostegia waimeae, Phyllostegia wawrana, Plantago princeps, 
Platanthera holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, 
Pteralyxia kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea 
apokremnos, Schiedea helleri, Schiedea kauaiensis, Schiedea 
membranacea, Schiedea nuttallii, Schiedea spergulina var. leiopoda, 
Schiedea spergulina var. spergulina, Schiedea stellarioides, Sesbania 
tomentosa, Solanum sandwicense, Spermolepis hawaiiensis, Stenogyne 
campanulata, Viola helenae, Viola kauaiensis var. wahiawaensis, 
Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum hawaiiense'' under 
``FLOWERING PLANTS'' and ``Adenophorus periens, Ctenitis squamigera, 
Diellia erecta, Diellia pallida, Diplazium molokaiense, and 
Phlegmariurus nutans `` under ``FERNS AND ALLIES'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        When      Critical     Special
     Species--Scientific name           Common name         Historic  range            Family            Status        listed     habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
 
                   *                  *                  *                  *                  *                  *                  *
    Alectryon macrococcus........  Mahoe...............  U.S.A. (HI)            Sapindaceae........  E                     467     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Alsinidendron lychnoides.....  Kuawawaenohu........  U.S.A. (HI)            Caryophyllaceae....  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Alsinidendron viscosum.......  None................  U.S.A. (HI)            Caryophyllaceae....  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Bonamia menziesii............  None................  U.S.A. (HI)            Convolvulaceae.....  E                     559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Brighamia insignis...........  Olulu...............  U.S.A. (HI)            Campanulaceae......  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Centaurium sebaeoides........  Awiwi...............  U.S.A. (HI)            Gentianaceae.......  E                     448     17.96(a)           NA
 

[[Page 4069]]

 
                   *                  *                  *                  *                  *                  *                  *
    Chamaesyce halemanui.........  None................  U.S.A. (HI)            Euphorbiaceae......  E                     464     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyanea asarifolia............  Haha................  U.S.A (HI)             Campanulaceae......  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyanea recta.................  Haha................  U.S.A (HI)             Campanulaceae......  T                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyanea remyi.................  Haha................  U.S.A (HI)             Campanulaceae......  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyanea undulata..............  None................  U.S.A. (HI)            Campanulaceae......  E                     436     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyperus trachysanthos........  Puukaa..............  U.S.A. (HI)            Cyperaceae.........  E                     592     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyrtandra cyaneoides.........  Mapele..............  U.S.A. (HI)            Gesneriaceae.......  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Cyrtandra limahuliensis......  Haiwale.............  U.S.A. (HI)            Gesneriaceae.......  T                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Delissea rhytidosperma.......  None................  U.S.A. (HI)            Campanulaceae......  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Delissea rivularis...........  Oha.................  U.S.A. (HI)            Campanulaceae......  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Delissea undulata............  None................  U.S.A. (HI)            Campanulaceae......  E                     593     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Dubautia latifolia...........  Naenae..............  U.S.A. (HI)            Asteraceae.........  E                     464     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Dubautia pauciflorula........  Naenae..............  U.S.A. (HI)            Asteraceae.........  E                     436     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Euphorbia haeleeleana........  Akoko...............  U.S.A. (HI)            Euphorbiaceae......  E                     592     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Exocarpos luteolus...........  Heau................  U.S.A. (HI)            Santalaceae........  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Flueggea neowawraea..........  Mehamehame..........  U.S.A. (HI)            Euphorbiaceae......  E                     559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Gouania meyenii..............  None................  U.S.A. (HI)            Rhamnaceae.........  E                     448     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Hedyotis cookiana............  Awiwi...............  U.S.A. (HI)            Rubiaceae..........  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Hedyotis st.-johnii..........  Na Pali beach         U.S.A. (HI)            Rubiaceae..........  E                     441     17.96(a)           NA
                                    hedyotis.
 
                   *                  *                  *                  *                  *                  *                  *
    Hesperomannia lydgatei.......  None................  U.S.A. (HI)            Asteraceae.........  E                     436     17.96(a)           NA
 
                                          *         *         *         *         *         *         *
    Hibiscadelphus woodii........  Hau kuahiwi.........  U.S.A. (HI)            Malvaceae..........  E                     590     17.96(a)           NA
 
                                          *         *         *         *         *         *         *
    Hibiscus clayi...............  Clay's hibiscus.....  U.S.A. (HI)            Malvaceae..........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Hibiscus waimeae spp.          Kokio keokeo........  U.S.A. (HI)            Malvaceae..........  E                     590     17.96(a)           NA
     hannerae.
 
                                         *         *         *         *         *         *         *
    Ischaemum byrone.............  Hilo ischaemum......  U.S.A. (HI)            Poaceae............  E                     532     17.96(a)           NA

[[Page 4070]]

 
 
                                         *         *         *         *         *         *         *
    Isodendrion laurifolium......  Aupaka..............  U.S.A. (HI)            Violaceae..........  E                     592     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Isodendrion longifolium......  Aupaka..............  U.S.A. (HI)            Violaceae..........  T                     592     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Kokia kauaiensis.............  Kokio...............  U.S.A. (HI)            Malvaceae..........  E                     590     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Labordia lydgatei............  Kamakahala..........  U.S.A. (HI)            Loganiaceae........  E                     436     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Labordia tinifolia var.        Kamakahala..........  U.S.A. (HI)            Loganiaceae........  E                     590     17.96(a)           NA
     wahiawaensis.
 
                                         *         *         *         *         *         *         *
    Lipochaeta fauriei...........  Nehe................  U.S.A. (HI)            Asteraceae.........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Lipochaeta micrantha.........  Nehe................  U.S.A. (HI)            Asteraceae.........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Lipochaeta waimeaensis.......  Nehe................  U.S.A. (HI)            Asteraceae.........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Lobelia niihauensis..........  None................  U.S.A. (HI)            Campanulaceae......  E                     448     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Lysimachia filifolia.........  None................  U.S.A. (HI)            Primulaceae........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Mariscus pennatiformis.......  None................  U.S.A. (HI)            Cyperaceae.........  E                     559     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Melicope haupuensis..........  Alani...............  U.S.A. (HI)            Rutaceae...........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Melicope knudsenii...........  Alani...............  U.S.A. (HI)            Rutaceae...........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Melicope pallida.............  Alani...............  U.S.A. (HI)            Rutaceae...........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Munroidendron racemosum......  None................  U.S.A. (HI)            Araliaceae.........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Myrsine linearifolia.........  Kolea...............  U.S.A. (HI)            Myrsinaceae........  T                     590     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Nothocestrum peltatum........  Aiea................  U.S.A. (HI)            Solanaceae.........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Panicum niihauense...........  Lau ehu.............  U.S.A. (HI)            Poaceae............  E                     592     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Peucedanum sandwicense.......  Makou...............  U.S.A. (HI)            Apiaceae...........  T                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Phyllostegia knudsenii.......  None................  U.S.A. (HI)            Lamiaceae..........  E                     590     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Phyllostegia waimeae.........  None................  U.S.A. (HI)            Lamiaceae..........  E                     530     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Phyllostegia wawrana.........  None................  U.S.A. (HI)            Lamiaceae..........  E                     590     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Plantago princeps............  Laukahi kuahiwi.....  U.S.A. (HI)            Plantaginaceae.....  E                     559     17.96(a)           NA
 
                                         *         *         *         *         *         *         *
    Platanthera holochila........  None................  U.S.A. (HI)            Orchidaceae........  E                     592     17.96(a)           NA

[[Page 4071]]

 
 
                                         *         *         *         *         *         *         *
    Poa mannii...................  Mann's bluegrass....  U.S.A. (HI)            Poaceae............  E                     558     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Poa sandvicensis.............  Hawaiian bluegrass..  U.S.A. (HI)            Poaceae............  E                     464     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Poa siphonoglossa............  None................  U.S.A. (HI)            Poaceae............  E                     464     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Pteralyxia kauaiensis........  Kaulu...............  U.S.A. (HI)            Apocynaceae........  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Remya kauaiensis.............  None................  U.S.A. (HI)            Asteraceae.........  E                     413     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Remya montgomeryi............  None................  U.S.A. (HI)            Asteraceae.........  E                     413     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea apokremnos..........  Maolioli............  U.S.A. (HI)            Caryophyllaceae....  E                     441     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea helleri.............  None................  U.S.A. (HI)            Caryophyllaceae....  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea kauaiensis..........  None................  U.S.A. (HI)            Caryophyllaceae....  E                     592     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea membranacea.........  None................  U.S.A. (HI)            Caryophyllaceae....  E                     590     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea nuttallii...........  None................  U.S.A. (HI)            Caryophyllaceae....  E                     592     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea spergulina var.       None................  U.S.A. (HI)            Caryophyllaceae....  E                     530     17.96(a)           NA
     leiopoda.
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea spergulina var.       None................  U.S.A. (HI)            Caryophyllaceae....  T                     530     17.96(a)           NA
     spergulina.
 
                   *                  *                  *                  *                  *                  *                  *
    Schiedea stellarioides         Laulihilihi.........  U.S.A. (HI)            Caryophyllaceae....  E                     590     17.96(a)           NA
     (=Maolioli).
 
                   *                  *                  *                  *                  *                  *                  *
    Sesbania tomentosa...........  Ohai................  U.S.A. (HI)            Fabaceae...........  E                     559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Solanum sandwicense..........  Aiakeakua, popolo...  U.S.A. (HI)            Solanaceae.........  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Spermolepis hawaiiensis......  None................  U.S.A. (HI)            Apiaceae...........  E                     559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Stenogyne campanulata........  None................  U.S.A. (HI)            Lamiaceae..........  E                     464     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Viola helenae................  None................  U.S.A. (HI)            Violaceae..........  E                     436     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Viola kauaiensis var.          Nani wai ale ale....  U.S.A. (HI)            Violaceae..........  E                     590     17.96(a)           NA
     wahiawaensis.
 
                   *                  *                  *                  *                  *                  *                  *
    Wilkesia hobdyi..............  Dwarf iliau.........  U.S.A. (HI)            Asteraceae.........  E                     473     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Xylosma crenatum.............  None................  U.S.A. (HI)            Flacourtiaceae.....  E                     464     17.96(a)           NA
 

[[Page 4072]]

 
                   *                  *                  *                  *                  *                  *                  *
    Zanthoxylum hawaiiense.......  Ae..................  U.S.A. (HI)            Rutaceae...........  E                     532     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
Ferns and Allies
    Adenophorus periens..........  Pendant kihi fern...  U.S.A. (HI)            Grammitidaceae.....  E                     559     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Ctenitis squamigera..........  Pauoa...............  U.S.A. (HI)            Aspleniaceae.......  E                     553     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Diellia erecta...............  Asplenium-leaved      U.S.A. (HI)            Aspleniaceae.......  E                     559     17.96(a)           NA
                                    diellia.
 
                   *                  *                  *                  *                  *                  *                  *
    Diellia pallida..............  None................  U.S.A. (HI)            Aspleniaceae.......  E                     530     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Diplazium molokaiense........  None................  U.S.A. (HI)            Aspleniaceae.......  E                     553     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
    Phlegmariurus nutans.........  Wawae iole..........  U.S.A. (HI)            Lycopodiaceae......  E                     536     17.96(a)           NA
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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), and 
revise paragraphs (a)(1)(i)(A) and (a)(1)(i)(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, aqueducts, 
telecommunications equipment, telemetry antennas, radars, missile 
launch sites, arboreta and gardens, heiau (indigenous places of worship 
or shrines), 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 critical habitat.
    (A) Kauai. Critical habitat units are described below. Coordinates 
in UTM Zone 4 with units in meters using North American Datum of 1983 
(NAD83). The following map shows the general locations of the 15 
critical habitats units designated on the island of Kauai.
    (1) Note: Map 1--Index map follows:

[[Page 4073]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.043


[[Page 4074]]


    (2) Kauai A1 (2 ha; 6 ac):
    (i) Unit consists of the following 10 boundary points and the 
intermediate coastline: 450111, 2458178; 450040, 2458211; 449937, 
2458177; 449899, 2458187; 449875, 2458235; 449837, 2458220; 449804, 
2458237; 449797, 2458256; 450118, 2458243; 450111, 2458178.
    (ii) Note: See Map 2.
    (3) Kauai A2 (6 ha; 16 ac):
    (i) Unit consists of the following 29 boundary points and the 
intermediate coastline: 451432, 2457896; 451355, 2457848; 451317, 
2457895; 451277, 2457919; 451132, 2458101; 451110, 2458153; 451031, 
2458185; 450999, 2458165; 450916, 2458191; 450900, 2458226; 450902, 
2458273; 450852, 2458252; 450818, 2458217; 450778, 2458211; 450737, 
2458190; 450679, 2458208; 450673, 2458233; 450650, 2458236; 450636, 
2458255; 450615, 2458247; 450600, 2458145; 450574, 2458143; 450568, 
2458168; 450506, 2458152; 450472, 2458173; 450420, 2458129; 450376, 
2458129; 450360, 2458202; 451432, 2457896.
    (ii) Note: Map 2 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.044
    
    (4) Kauai A3 (6 ha; 16 ac):
    (i) Unit consists of the following 22 boundary points: 457168, 
2457531; 457342, 2457591; 457498, 2457593; 457625, 2457613; 457697, 
2457660; 457754, 2457649; 457811, 2457710; 457865, 2457661; 458080, 
2457809; 458248, 2457952; 458296, 2457792; 458241, 2457839; 458199, 
2457830; 458122, 2457761; 458032, 2457682; 457883, 2457600; 457794, 
2457610; 457536, 2457524; 457441, 2457569; 457364, 2457561; 457230, 
2457492; 457168, 2457531.
    (ii) Note: Map 3 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.045
    
    (5) Kauai B (271 ha; 669 ac):
    (i) Unit consists of the following 16 boundary points: 462951, 
2439791; 463026, 2440139; 463194, 2440476; 463197, 2440513; 463212, 
2440748; 463578, 2441162; 463693, 2441201; 463739, 2440731; 464227, 
2439803; 463785, 2439663; 463768, 2439658; 463960, 2439113; 463380, 
2438382; 462504, 2438614; 462139, 2438979; 462951, 2439791.
    (ii) Note: Map 4 follows:

[[Page 4075]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.046

    (6) Kauai C (97 ha; 239 ac):
    (i) Unit consists of the following 32 boundary points: 461253, 
2426125; 461390, 2426310; 461387, 2426567; 461678, 2426687; 461714, 
2426795; 461907, 2426808; 462068, 2426762; 462130, 2426658; 462247, 
2426612; 462487, 2426760; 462793, 2426916; 463349, 2426860; 463493, 
2426936; 463781, 2426818; 463743, 2426750; 463719, 2426707; 463425, 
2426746; 463363, 2426733; 463062, 2426671; 462693, 2426409; 462532, 
2426329; 462422, 2426274; 462417, 2426272; 462234, 2426225; 462055, 
2426178; 461911, 2426141; 461862, 2426197; 461719, 2426089; 461655, 
2426041; 461649, 2426036; 461289, 2426053; 461253, 2426125.
    (ii) Note: Map 5 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.047
    
    (7) Kauai D1 (14 ha; 35 ac):
    (i) Unit consists of the following 5 boundary points and the 
intermediate coastline: 454015, 2418349; 454018, 2418363; 454442, 
2418909; 454833, 2419220; 454863, 2419007.
    (ii) Note: See Map 6.
    (8) Kauai D2 (240 ha; 594 ac):
    (i) Unit consists of the following 30 boundary points and the 
intermediate coastline: 455383, 2419661; 456197, 2419949; 456652, 
2420011; 456632, 2420344; 456832, 2420571; 457154, 2420676; 457451, 
2420968; 457851, 2421259; 457907, 2421577; 458908, 2422538; 459329, 
2422943; 459406, 2422835; 459880, 2423311; 460246, 2423542; 460249, 
2423591; 460406, 2423648; 460400, 2423702; 460256, 2423702; 460348, 
2423941; 460461, 2424061; 461318, 2424658; 461502, 2424866; 461855, 
2424745; 461990, 2424632; 454952, 2418994; 455018, 2419106; 455066, 
2419201; 455056, 2419302; 455037, 2419384; 455383, 2419661.
    (ii) Note: Map 6 follows:

[[Page 4076]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.048


[[Page 4077]]


    (9) Kauai E (563 ha; 1,390 ac):
    (i) Unit consists of the following 21 boundary points: 456926, 
2424980; 456931, 2425122; 459982, 2425617; 460718, 2425043; 460747, 
2425021; 460838, 2424471; 460139, 2424297; 460339, 2424005; 460222, 
2423839; 459424, 2423673; 459236, 2423816; 458949, 2423502; 458737, 
2423478; 458542, 2423456; 458541, 2423457; 457976, 2423340; 457712, 
2424357; 456908, 2424519; 456913, 2424541; 456911, 2424542; 456926, 
2424980.
    (ii) Note: Map 7 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.049
    
    (10) Kauai F (5 ha; 12 ac):
    (i) Unit consists of the following 14 boundary points: 447961, 
2421793; 447951, 2421694; 447757, 2421647; 447804, 2421699; 447721, 
2421781; 447569, 2421791; 447473, 2421836; 447380, 2422014; 447443, 
2422008; 447527, 2421894; 447636, 2421848; 447736, 2421847; 447843, 
2421739; 447961, 2421793.
    (ii) Note: Map 8 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.050
    
    (11) Kauai G (317 ha; 784 ac):
    (i) Unit consists of the following 28 boundary points: 430576, 
2431555; 430622, 2431957; 430275, 2432253; 430256, 2432269; 430228, 
2432381; 430120, 2432802; 430088, 2432926; 430087, 2432937; 430073, 
2433073; 430051, 2433291; 430032, 2433480; 430239, 2434243; 430413, 
2434499; 430495, 2434992; 430433, 2435411; 430703, 2435680; 431807, 
2435389; 431657, 2435218; 431661, 2434861; 431524, 2434832; 431378, 
2434688; 431271, 2434232; 430955, 2433867; 430825, 2433606; 430743, 
2433270; 430926, 2432023; 430997, 2431853; 430576, 2431555.
    (ii) Note: Map 9 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.051
    
    (12) Kauai H1 (138 ha; 341 ac):
    (i) Unit consists of the following 21 boundary points and the 
intermediate coastline: 422157, 2442895; 422253, 2442799; 422313, 
2442829; 422340, 2442802; 422267, 2442675; 420764, 2441227; 420336, 
2440626; 420237, 2440644; 420191, 2440681; 420140, 2440696; 420065, 
2440682; 420011, 2440623; 420030, 2440550; 420059, 2440472; 420121, 
2440503; 420131, 2440566; 420224, 2440562; 420256, 2440546; 420246, 
2440519; 419159, 2439682; 422157, 2442895.
    (ii) Note: See Map 10.
    (13) Kauai H2 (107 ha; 265 ac):
    (i) Unit consists of the following 10 boundary points and the 
intermediate coastline: 418768, 2436406; 418924, 2435411; 419092, 
2434621; 419386, 2434766; 419792, 2434204; 420366, 2434018; 420895, 
2433034; 420508, 2432883; 418693, 2436403; 418768, 2436406.
    (ii) Note: See Map 10.
    (14) Kauai H3 (84 ha; 206 ac):

[[Page 4078]]

    (i) Unit consists of the following 9 boundary points and the 
intermediate coastline: 421100, 2432099; 421251, 2431804; 421178, 
2431753; 421599, 2430981; 423896, 2430158; 423847, 2430037; 423847, 
2430037; 420858, 2431995; 421100, 2432099.
    (ii) Note: Map 10 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.052
    
    (15) Kauai I (8,237 ha; 20,355 ac):
    (i) Unit consists of the following 69 boundary points: 431369, 
2447027; 431298, 2446522; 430955, 2445963; 430827, 2445619; 430759, 
2445406; 430405, 2445422; 429208, 2445113; 429227, 2444972; 428580, 
2445127; 428254, 2445343; 428120, 2444908; 424377, 2445349; 425013, 
2445087; 425384, 2445106; 426057, 2444655; 424969, 2444599; 424087, 
2444665; 424298, 2444527; 424541, 2444533; 425048, 2444395; 425576, 
2444097; 425196, 2443945; 424131, 2444021; 424042, 2443733; 425270, 
2443619; 426430, 2443155; 427818, 2443383; 427950, 2442970; 426322, 
2442783; 425169, 2443141; 424357, 2442849; 424194, 2442643; 422571, 
2442723; 422383, 2442876; 422340, 2442802; 422313, 2442829; 422253, 
2442799; 422157, 2442895; 423103, 2443764; 423201, 2443796; 423371, 
2444122; 423625, 2444198; 424851, 2444198; 424627, 2444336; 424140, 
2444296; 423626, 2444520; 423573, 2444725; 423777, 2445276; 423805, 
2445404; 439536, 2457157; 439833, 2456737; 439743, 2455809; 439623, 
2455659; 439743, 2454910; 439713, 2454101; 439593, 2454011; 439623, 
2453262; 438633, 2451794; 438423, 2451764; 438393, 2450655; 437193, 
2450205; 436683, 2450295; 435693, 2449427; 434493, 2449217; 434313, 
2448797; 434043, 2448767; 432136, 2447629; 432001, 2447726; 431369, 
2447027.
    (ii) Excluding two areas:
    (A) Bounded by the following 11 points (22 ha; 55 ac): 424797, 
2447905; 424876, 2447985; 424979, 2447908; 425131, 2447737; 425411, 
2447634; 425540, 2447530; 425388, 2447289; 424938, 2447423; 424917, 
2447544; 425029, 2447600; 424797, 2447905.
    (B) Bounded by the following 11 points (3 ha, 8 ac): 433368, 
2449292; 433367, 2449352; 433448, 2449426; 433546, 2449412; 433567, 
2449398; 433589, 2449323; 433612, 2449262; 433588, 2449244; 433567, 
2449260; 433369, 2449255; 433368, 2449292.
    (iii) Note: Map 11 follows:

[[Page 4079]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.053

    (16) Kauai J (5,536 ha; 13,681 ac):
    (i) Unit consists of the following 78 boundary points: 445389, 
2441352; 445395, 2441421; 444534, 2442190; 444669, 2442684; 444273, 
2443397; 444123, 2443427; 443883, 2444237; 443313, 2444777; 443013, 
2445316; 442653, 2445466; 441843, 2446246; 441783, 2446546; 440433, 
2447566; 440403, 2448286; 440163, 2448466; 439893, 2448945; 439533, 
2448945; 438963, 2449455; 438753, 2449995; 438363, 2450205; 438033, 
2450145; 437779, 2450425; 438393, 2450655; 438423, 2451764; 438633, 
2451794; 439623, 2453262; 439593, 2454011; 439713, 2454101; 439743, 
2454910; 439623, 2455659; 439743, 2455809; 439833, 2456737; 439536, 
2457157; 440525, 2457717; 440256, 2456761; 440510, 2456709; 440974, 
2457238; 441381, 2457162; 441384, 2456934; 441835, 2456137; 441845, 
2456118; 441608, 2454449; 441325, 2453390; 441466, 2451514; 442740, 
2452877; 443187, 2453024; 443153, 2452602; 443329, 2452030; 443002, 
2451449; 442929, 2450549; 443097, 2449921; 443398, 2449211; 443914, 
2448260; 444078, 2448101; 444452, 2448023; 444805, 2447309; 445085, 
2446779; 445494, 2446452; 445812, 2445884; 446570, 2445402; 447238, 
2444584; 447943, 2444240; 448503, 2444146; 448563, 2443006; 448413, 
2442586; 448725, 2442030; 448713, 2441507; 448923, 2441417; 448953, 
2441117; 448694, 2440858; 448333, 2440649; 447224, 2441008; 447126, 
2441246; 446698, 2441431; 446351, 2441108; 446122, 2441415; 445539, 
2441150; 445389, 2441352.
    (ii) Note: Map 12 follows:

[[Page 4080]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.054


[[Page 4081]]


    (17) Kauai K (1,752 ha; 4,330 ac):
    (i) Unit consists of the following 36 boundary points: 446572, 
2445400; 446733, 2445375; 448070, 2445147; 448658, 2445334; 448450, 
2446319; 447413, 2447271; 447101, 2448274; 447568, 2449571; 445666, 
2451248; 445376, 2452300; 445558, 2452748; 446226, 2452194; 446834, 
2452923; 448013, 2452416; 448295, 2451280; 449257, 2451734; 449308, 
2452305; 450213, 2452567; 450213, 2452118; 450003, 2451969; 449703, 
2451040; 449733, 2450650; 449553, 2449931; 448773, 2449272; 448893, 
2448312; 448803, 2448103; 448983, 2446963; 449643, 2446064; 449643, 
2445644; 449433, 2445045; 449043, 2444565; 448683, 2444415; 448503, 
2444146; 447943, 2444240; 447238, 2444584; 446572, 2445400.
    (ii) Note: Map 13 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.055
    
    (18) Kauai L (3,407 ha; 8,418 ac):
    (i) Unit consists of the following 67 boundary points: 450213, 
2452567; 450542, 2452265; 450684, 2451568; 450241, 2450373; 450869, 
2449790; 450678, 2448523; 451007, 2447330; 451389, 2447179; 451389, 
2446751; 451639, 2445679; 451955, 2445659; 452403, 2445232; 452304, 
2444416; 452455, 2444074; 452811, 2444732; 452837, 2445409; 452567, 
2445396; 452446, 2446166; 453271, 2446225; 451942, 2446718; 451876, 
2446968; 452347, 2447150; 452890, 2446882; 453396, 2447638; 452923, 
2448184; 452240, 2447869; 451990, 2448589; 452433, 2448946; 453048, 
2448507; 452547, 2449722; 452673, 2449704; 452793, 2449510; 452943, 
2449120; 453147, 2449166; 453543, 2448400; 453993, 2448310; 454083, 
2447621; 454773, 2446721; 454844, 2446408; 455103, 2446182; 455133, 
2445672; 454563, 2445223; 454106, 2444132; 453446, 2443901; 450222, 
2440919; 448953, 2441117; 448923, 2441417; 448713, 2441507; 448725, 
2442030; 448413, 2442586; 448563, 2443006; 448503, 2444146; 448683, 
2444415; 449043, 2444565; 449433, 2445045; 449643, 2445644; 449643, 
2446064; 448983, 2446963; 448803, 2448103; 448893, 2448312; 448773, 
2449272; 449553, 2449931; 449733, 2450650; 449703, 2451040; 450003, 
2451969; 450213, 2452118; 450213, 2452567.
    (ii) Note: Map 14 follows:

[[Page 4082]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.056

    (19) Kauai M (3,302 ha; 8,160 ac):
    (i) Unit consists of the following 59 boundary points: 457113, 
2445012; 457383, 2445252; 457413, 2445671; 457330, 2446252; 457139, 
2445925; 456963, 2445911; 456358, 2445200; 455806, 2445269; 455433, 
2445612; 455133, 2445672; 455103, 2446182; 454844, 2446408; 454773, 
2446721; 454083, 2447621; 453993, 2448310; 453543, 2448400; 453147, 
2449166; 452943, 2449120; 452793, 2449510; 452673, 2449704; 453308, 
2449613; 454728, 2448128; 455547, 2446621; 456055, 2447542; 454829, 
2448978; 454794, 2449939; 454414, 2450755; 454419, 2450755; 454397, 
2450801; 454803, 2450718; 457459, 2450181; 458261, 2450765; 459840, 
2450099; 459883, 2450071; 460618, 2449594; 461011, 2449133; 460939, 
2448483; 460823, 2448447; 459945, 2448170; 459945, 2447565; 459070, 
2447590; 459050, 2447366; 460682, 2446642; 460893, 2446313; 461052, 
2445865; 461142, 2445474; 460992, 2445024; 460551, 2444860; 460143, 
2444860; 459129, 2444624; 459015, 2444484; 459403, 2444098; 459186, 
2443804; 457304, 2443646; 457391, 2443201; 457173, 2443303; 457113, 
2443633; 456930, 2443789; 457113, 2445012.
    (ii) Note: Map 15 follows:

[[Page 4083]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.057

    (20) Kauai N (6,599 ha; 16,307 ac):
    (i) Unit consists of the following 93 boundary points: 448304, 
2440658; 448694, 2440858; 448953, 2441117; 450222, 2440919; 453446, 
2443901; 454106, 2444132; 454563, 2445223; 455133, 2445672; 455433, 
2445612; 455806, 2445269; 456358, 2445200; 456963, 2445911; 457139, 
2445925; 457330, 2446252; 457413, 2445671; 457383, 2445252; 457113, 
2445012; 456930, 2443789; 457113, 2443633; 457173, 2443303; 457391, 
2443201; 457391, 2443203; 457413, 2443151; 456187, 2443214; 456187, 
2443771; 454827, 2444169; 454776, 2443575; 455563, 2443214; 455793, 
2442722; 454346, 2443301; 454007, 2443091; 454007, 2442616; 454324, 
2442737; 454726, 2442067; 454213, 2441785; 454761, 2441232; 453538, 
2439738; 454020, 2439628; 453739, 2438982; 453910, 2438601; 453949, 
2438081; 454213, 2438153; 454040, 2437796; 453121, 2437802; 453094, 
2437443; 453351, 2437357; 453904, 2436874; 453443, 2436719; 453634, 
2436351; 453634, 2436068; 453541, 2435864; 453817, 2435628; 453495, 
2435607; 453498, 2434903; 453140, 2434258; 453166, 2434936; 452758, 
2434969; 452436, 2435107; 451870, 2435213; 452047, 2434897; 452403, 
2434857; 452791, 2434686; 452804, 2434147; 452722, 2433415; 452542, 
2433070; 451682, 2432466; 451433, 2432389; 450631, 2432141; 450283, 
2431389; 449586, 2431600; 449899, 2430693; 449848, 2429818; 449308, 
2429151; 448109, 2429291; 447532, 2429359; 447101, 2429410; 445132, 
2428625; 445203, 2428817; 445869, 2429806; 446327, 2430072; 446237, 
2430356; 448515, 2432105; 448503, 2432172; 448267, 2433542; 448319, 
2433974; 447886, 2434845; 448515, 2436159; 448226, 2436801; 448728, 
2437943; 448103, 2438785; 448819, 2439175; 448608, 2440560; 448304, 
2440658.
    (ii) Note: Map 16 follows:

[[Page 4084]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.058

    (21) Kauai O (9,462 ha; 23,382 ac):
    (i) Unit consists of the following 112 boundary points: 431732, 
2447115; 432759, 2446609; 432659, 2446240; 432948, 2446150; 433397, 
2446440; 433257, 2446958; 433706, 2447138; 433746, 2447766; 433527, 
2447856; 432918, 2447407; 432609, 2447647; 432320, 2447497; 432136, 
2447629; 434043, 2448767; 434313, 2448797; 434493, 2449217; 435693, 
2449427; 436683, 2450295; 437193, 2450205; 437779, 2450425; 438033, 
2450145; 438363, 2450205; 438753, 2449995; 438963, 2449455; 439533, 
2448945; 439893, 2448945; 440163, 2448466; 440403, 2448286; 440433, 
2447566; 441783, 2446546; 441843, 2446246; 442653, 2445466; 443013, 
2445316; 443313, 2444777; 443883, 2444237; 444123, 2443427; 444273, 
2443397; 444669, 2442684; 444534, 2442190; 445395, 2441421; 445394, 
2441346; 445365, 2441385; 444417, 2440969; 444062, 2441230; 443700, 
2441108; 442976, 2441356; 442451, 2441191; 441892, 2441565; 441645, 
2441557; 440236, 2440690; 440053, 2440443; 439019, 2440382; 438851, 
2440177; 438403, 2440161; 438371, 2440418; 438028, 2440409; 437996, 
2440301; 437460, 2439694; 437359, 2439476; 437201, 2439467; 437026, 
2439616; 436101, 2439350; 435269, 2440031; 435665, 2440354; 436455, 
2440433; 436408, 2440716; 436547, 2440821; 436843, 2440742; 436494, 
2441058; 436158, 2440696; 435346, 2440541; 435078, 2440832; 434002, 
2440921; 434077, 2442149; 433931, 2442137; 433683, 2441844; 433347, 
2441698; 433378, 2441400; 433086, 2441406; 432762, 2442447; 432421, 
2443974; 432044, 2444251; 431123, 2443581; 430966, 2442944; 431612, 
2442073; 429503, 2441778; 429077, 2442068; 428753, 2443380; 428890, 
2444606; 428578, 2445127; 429227, 2444972; 429378, 2443867; 430155, 
2443777; 430205, 2444275; 430564, 2444465; 431153, 2445133; 431083, 
2445402; 430991, 2445457; 430977, 2445767; 431060, 2445963; 431278, 
2446215; 431483, 2446536; 431491, 2446759; 431622, 2446390; 431522, 
2446121; 431622, 2445871; 431312, 2445542; 431632, 2445303; 432001, 
2445941; 431961, 2446460; 431624, 2446959; 431732, 2447115.
    (ii) Excluding the area bounded by the following 12 points (109 ha; 
270 ac): 434647, 2444577; 435769, 2444203; 435794, 2444068; 435447, 
2443848; 435263, 2443927; 434786, 2443298; 434344, 2443435; 434216, 
2443741; 434411, 2443957; 434416, 2444196; 434314, 2444351; 434647, 
2444577.
    (iii) Note: Map 17 follows:

[[Page 4085]]

[GRAPHIC] [TIFF OMITTED] TP28JA02.059


Table (a)(1)(i)(A).--Protected Species Within Each Critical Habitat Unit
                                for Kauai
------------------------------------------------------------------------
                                                             Species
           Unit name               Species occupied        unoccupied
------------------------------------------------------------------------
Kauai A.......................  Ischaemum byrone......  Centaurium
                                                         sebaeoides
Kauai B.......................  Hibiscus clayi,
                                 Munroidendron
                                 racemosum.
Kauai C.......................  Brighamia insignis,
                                 Lobelia niihauensis.
Kauai D.......................                          Sesbania
                                                         tomentosa
Kauai E.......................  Brighamia insignis,     Melicope
                                 Delissea                haupuensis,
                                 rhytidosperma,          Myrsine
                                 Isodendrion             linearifolia
                                 longifolium,
                                 Lipochaeta micrantha,
                                 Munroidendron
                                 racemosum, Peucedanum
                                 sandwicense,
                                 Pteralyxia
                                 kauaiensis, Schiedea
                                 nuttallii.
Kauai F.......................  Schiedea spergulina
                                 var. leiopoda.
Kauai G.......................  Lipochaeta              Schiedea
                                 waimeaensis,            spergulina var.
                                 Spermolepis             spergulina
                                 hawaiiensis.
Kauai H.......................  Panicum niihauense,
                                 Sesbania tomentosa.
Kauai I.......................  Adenophorus periens,    Ctenitis
                                 Alectryon               squamigera,
                                 macrococcus,            Cyanea recta,
                                 Alsinidendron           Cyanea remyi,
                                 lychnoides, Bonamia     Cyrtandra
                                 menziesii, Brighamia    limahuliensis,
                                 insignis, Centaurium    Diplazium
                                 sebaeoides,             molokaiense,
                                 Chamaesyce halemanui,   Hesperomannia
                                 Cyperus                 lydgatei,
                                 trachysanthos,          Ischaemum
                                 Delissea                byrone,
                                 rhytidosperma,          Labordia
                                 Delissea rivularis,     lydgatei,
                                 Delissea undulata,      Panicum
                                 Diellia pallida,        niihauense,
                                 Dubautia latifolia,     Platanthera
                                 Euphorbia               holochila,
                                 haeleeleana,            Sesbania
                                 Exocarpos luteolus,     tomentosa
                                 Flueggea neowawraea,
                                 Gouania meyenii,
                                 Hedyotis cookiana,
                                 Hedyotis st.-johnii,
                                 Hibiscadelphus
                                 woodii, Hibiscus
                                 waimeae ssp.
                                 hannerae, Isodendrion
                                 laurifolium,
                                 Isodendrion
                                 longifolium, Kokia
                                 kauaiensis,
                                 Lipochaeta fauriei,
                                 Lobelia, niihauensis,
                                 Melicope haupuensis,
                                 Melicope knudsenii,
                                 Melicope pallida,
                                 Munroidendron
                                 racemosum, Myrsine
                                 linearifolia,.

[[Page 4086]]

 
Kauai J.......................  Adenophorus periens,    Alsinidendron
                                 Cyanea recta, Cyanea    lychnoides,
                                 remyi, Cyrtandra        Bonamia
                                 cyaneoides, Cyrtandra   menziesii,
                                 limahuliensis,          Brighamia
                                 Hesperomannia           insignis,
                                 lydgatei, Hibiscus      Delissea
                                 waimeae ssp.            rivularis,
                                 hannerae, Isodendrion   Delissea
                                 longifolium, Labordia   undulata,
                                 lydgatei, Lobelia       Euphorbia
                                 niihauensis, Myrsine    haeleeleana,
                                 linearifolia,           Exocarpos
                                 Peucedanum              luteolus,
                                 sandwicense, Plantago   Munroidendron
                                 princeps, Schiedea      racemosum,
                                 membranacea.            Phyllostegia
                                                         wawrana,
                                                         Platanthera
                                                         holochila,
                                                         Remya
                                                         montgomeryi,
                                                         Schiedea
                                                         kauaiensis
Kauai K.......................  Adenophorus periens,    Alsinidendron
                                 Cyanea recta, Cyanea    lychnoides,
                                 remyi, Cyrtandra        Bonamia
                                 cyaneoides, Cyrtandra   menziesii,
                                 limahuliensis,          Schiedea
                                 Hesperomannia           membranacea
                                 lydgatei, Isodendrion
                                 longifolium, Labordia
                                 lydgatei, Myrsine
                                 linearifolia,
                                 Plantago princeps.
Kauai L.......................  Plantago princeps.....  Adenophorus
                                                         periens,
                                                         Bonamia
                                                         menziesii,
                                                         Cyanea recta,
                                                         Cyanea remyi,
                                                         Cyrtandra
                                                         cyaneoides,
                                                         Cyrtandra
                                                         limahuliensis,
                                                         Hesperomannia
                                                         lydgatei,
                                                         Isodendrion
                                                         longifolium,
                                                         Labordia
                                                         lydgatei,
                                                         Lysimachia
                                                         filifolia,
                                                         Myrsine
                                                         linearifolia,
                                                         Platanthera
                                                         holochila
Kauai M.......................  Adenophorus periens,    Bonamia
                                 Cyanea asarifolia,      menziesii
                                 Cyanea recta, Cyanea
                                 remyi, Cyrtandra
                                 cyaneoides, Cyrtandra
                                 limahuliensis,
                                 Labordia lydgatei,
                                 Phyllostegia wawrana.
Kauai N.......................  Adenophorus periens,    Cyanea undulata,
                                 Bonamia menziesii,      Cyrtandra
                                 Cyanea asarifolia,      cyaneoides,
                                 Cyanea recta, Cyanea    Delissea
                                 remyi, Cyrtandra        rivularis,
                                 limahuliensis,          Hesperomannia
                                 Dubautia                lydgatei,
                                 pauciflorula,           Phelgmariurus
                                 Exocarpos luteolus,     nutans,
                                 Isodendrion             Phyllostegia
                                 longifolium, Labordia   wawrana,
                                 lydgatei, Labordia      Platanthera
                                 tinifolia var.          holochila
                                 wahiawaensis,
                                 Lysimachia filifolia,
                                 Myrsine linearifolia,
                                 Plantago princeps,
                                 Viola helenae, Viola
                                 kauaiensis var.
                                 wahiawaensis.
Kauai O.......................  Alectryon macrococcus,  Adenophorus
                                 Alsinidendron           periens, Cyanea
                                 lychnoides,             recta, Delissea
                                 Alsinidendron           rivularis,
                                 viscosum, Bonamia       Diplazium
                                 menziesii, Chamaesyce   molokaiensis,
                                 halemanui, Diellia      Isodendrion
                                 erecta, Diellia         longifolium,
                                 pallida, Dubautia       Mariscus
                                 latifolia, Euphorbia    pennatiformis,
                                 haeleeleana,            Plantago
                                 Exocarpos luteolus,     princeps, Poa
                                 Flueggea neowawraea,    mannii,
                                 Gouania meyenii,        Schiedea
                                 Isodendrion             kauense,
                                 laurifolium, Kokia      Stenogyne
                                 kauaiensis,             campanulata
                                 Lipochaeta fauriei,
                                 Lipochaeta micrantha,
                                 Lobelia niihauensis,
                                 Melicope haupuensis,
                                 Melicope knudsenii,
                                 Melicope pallida,
                                 Munroidendron
                                 racemosum, Myrsine
                                 linearifolia,
                                 Nothocestrum
                                 peltatum, Peucedanum
                                 sandwicense,
                                 Phyllostegia
                                 knudsenii,
                                 Phyllostegia waimeae,
                                 Phyllostegia wawrana,
                                 Platanthera
                                 holochila, Poa
                                 sandvicensis, Poa
                                 siphonoglossa,
                                 Pteralyxia.
------------------------------------------------------------------------


[[Page 4087]]

    (B) Niihau. Critical habitat units with multiple species are 
described below. Coordinates are in UTM Zone4 with units in meters 
using North American Datum of 1983 (NAD83).
    (1) Niihau A (282 ha; 697 ac):
    (i) Unit consists of the following 35 boundary points: 384729, 
2427553; 384573, 2427962; 384698, 2428162; 384929, 2428330; 385085, 
2428326; 385229, 2428448; 385276, 2428623; 385229, 2428846; 385014, 
2428881; 384889, 2428830; 384737, 2428958; 384796, 2429103; 384952, 
2429173; 385026, 2429146; 385136, 2429275; 385284, 2429244; 385335, 
2429178; 385710, 2429377; 385795, 2429261; 385710, 2429120; 386002, 
2428917; 386022, 2428707; 386780, 2428559; 386959, 2428247; 387475, 
2427909; 387322, 2427686; 386416, 2427981; 386362, 2427840; 386256, 
2427750; 386010, 2427731; 386042, 2427438; 385897, 2427457; 385678, 
2427367; 385116, 2427542; 384729, 2427553.
    (ii) Note: Map 18 follows:
    [GRAPHIC] [TIFF OMITTED] TP28JA02.060
    

 Table (a)(1)(i)(B). Protected Species Within Each Critical Habitat Unit
                               for Niihau
------------------------------------------------------------------------
                                                             Species
           Unit name               Species occupied        unoccupied
------------------------------------------------------------------------
Niihau A......................  Brighamia insignis,
                                 Cyperus trachysanthos.
------------------------------------------------------------------------

    (ii) Hawaiian plants--Constituent elements.
    (A) Flowering plants.

Family Apiaceae: Peucedanum sandwicense (makou)

    Kauai E, I, J, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Peucedanum sandwicense on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Cliff habitats in mixed shrub coastal dry cliff communities or 
diverse mesic forest and containing one or more of the following 
associated native plant species: Acacia koa, Artemisia australis, 
Brighamia insignis, Bidens spp., Carex meyenii, Chamaesyce 
celastroides, Diospyros spp., Dodonaea viscosa, Eragrostis variabilis, 
Hibiscus kokio, Lobelia niihauensis, Metrosideros polymorpha, Panicum 
lineale, Psydrax odoratum, Psychotria spp., or Wilkesia spp.; and
    (2) Elevations between 0 and 1,232 m (0 and 4,041 ft).

Family Apiaceae: Spermolepis hawaiiensis (NCN)

    Kauai G and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Spermolepis hawaiiensis 
on Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha forests or Dodonaea viscosa lowland dry 
shrubland containing one or more of the following associated plant 
species: Bidens sandvicensis, Doryopteris spp., Eragrostis variabilis, 
Erythrina sandwicensis, Lipochaeta spp., Schiedea spergulina, or Sida 
fallax; and
    (2) Elevations of about 56 and 725 m (184 and 2,377 ft).

Family Apocynaceae: Pteralyxia kauaiensis (kaulu)

    Kauai E, I and O, identified in the legal descriptions in 
(a)(1)(i)(A),

[[Page 4088]]

constitute critical habitat for Pteralyxia kauaiensis on Kauai. Within 
these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Diverse mesic or Diospyros sandwicensis mixed mesic forests 
with Pisonia spp. containing one or more of the following associated 
plant species: Acacia koa, Alectryon macrococcus, Alphitonia ponderosa, 
Antidesma platyphyllum var. hillebrandii, Bobea brevipes, Carex spp., 
Charpentiera elliptica, Claoxylon sandwicense, Cyanea spp., Dianella 
sandwicensis, Diospyros spp., Dodonaea viscosa, Diplazium 
sandwichianum, Euphorbia haeleeleana, Freycinetia arborea, Gahnia spp., 
Gardenia remyi, Hedyotis terminalis, Hibiscus kokio, Kokia kauaiensis, 
Metrosideros polymorpha, Myrsine lanaiensis, Neraudia spp., Nesoluma 
polynesicum, Nestegis sandwicensis, Peperomia spp., Pleomele aurea, 
Pipturus spp., Pisonia sandwicensis, Poa sandvicensis, Pouteria 
sandvicensis, Psychotria spp., Psydrax odoratum, Pritchardia spp., 
Rauvolfia sandwicensis, Santalum freycinetianum var. pyrularium, 
Schiedea spp., Styphelia tameiameiae, Syzygium sandwicensis, 
Tetraplasandra spp., Xylosma hawaiiense, or Zanthoxylum dipetalum; and
    (2) Elevations between 915 and 1,007 m (3,002 and 3,305 ft).

Family Araliaceae: Munroidendron racemosum (NCN)

    Kauai B, E, I, and O identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Munroidendron racemosum 
on Kauai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep exposed cliffs or ridge slopes in coastal or lowland 
mesic forest and containing one or more of the following associated 
plant species: Bobea brevipes, Brighamia insignis, Canavalia 
napaliensis, Diospyros sandwicensis, Diospyros hillebrandii, Nestegis 
sandwicensis, Pisonia sandwicensis, Pisonia umbellifera, Pleomele 
aurea, Pouteria sandvicensis, Psychotria spp., Psydrax odoratum, 
Rauvolfia sandwicensis, Schiedea spp., Sida fallax, or Tetraplasandra 
spp; and
    (2) Elevations between 6 and 979 m (19 and 3,213 ft).

Family Asteraceae: Dubautia latifolia (naenae)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Dubautia latifolia on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Gentle or steep slopes on well drained soil in semi-open or 
closed, diverse montane mesic forest dominated by Acacia koa and/or 
Metrosideros polymorpha and containing one or more of the following 
native plant species: Alphitonia ponderosa, Antidesma spp., Bobea spp., 
Claoxylon sandwicense, Coprosma waimeae, Cyrtandra spp., Dicranopteris 
linearis, Diplazium sandwichianum, Dodonaea viscosa, Elaeocarpus 
bifidus, Hedyotis terminalis, Ilex anomala, Melicope anisata, Nestegis 
sandwicensis, Pleomele spp., Pouteria sandvicensis, Psychotria 
mariniana, Scaevola spp., or Xylosma spp.; and
    (2) Elevations between 544 and 1,277 m (1,786 and 4,189 ft).

Family Asteraceae: Dubautia pauciflorula (naenae)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
description above, 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) Metrosideros polymorpha-Dicranopteris linearis lowland wet 
forest within stream drainages containing one or more of the following 
associated native plant species: Antidesma platyphyllum, Broussaisia 
arguta, Cheirodendron spp., Dubautia laxa, Embelia pacifica, 
Hesperomannia lydgatei, Labordia waialealae, Melicope spp., 
Nothoperanema rubiginosa, Pritchardia spp., Psychotria spp., Sadleria 
spp., Scaevola mollis, Syzygium sandwicensis, or Tetraplasandra spp.; 
and
    (2) Elevations between 564 and 1,093 m (1,849 and 3,587 ft).

Family Asteraceae: Hesperomannia lydgatei (NCN)

    Kauai I, J, K, L, and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Hesperomannia lydgatei on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Stream banks and forested slopes in rich brown soil and silty 
clay in Metrosideros polymorpha or Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest and containing one or more of 
the following associated native plant species: Adenophorus periens, 
Antidesma spp., Broussaisia arguta, Cheirodendron spp., Cyanea spp., 
Dubautia knudsenii, Dubautia laxa, Dubautia pauciflorula, Dubautia 
raillardioides, Elaphoglossum spp., Freycinetia arborea, Hedyotis 
terminalis, Labordia lydgatei, Machaerina angustifolia, Peperomia spp., 
Pritchardia spp., Psychotria hexandra, or Syzygium sandwicensis; and
    (2) Elevations between 405 and 1,570 m (1,329 and 5,151 ft).

Family Asteraceae: Lipochaeta fauriei (nehe)

    Kauai I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Lipochaeta fauriei on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Moderate shade to full sun on the sides of steep gulches in 
diverse lowland mesic forests and containing one or more of the 
following native species: Acacia koa, Carex meyenii, Carex wahuensis, 
Dicranopteris linearis, Diospyros spp., Dodonaea viscosa, Euphorbia 
haeleeleana, Hibiscus waimeae, Kokia kauaiensis, Myrsine lanaiensis, 
Nestegis sandwicensis, Pleomele aurea, Psychotria greenwelliae, 
Psychotria mariniana, or Sapindus oahuensis; and
    (2) Elevations between 437 and 947 m (1,432 and 3,108 ft).

Family Asteraceae: Lipochaeta micrantha (nehe)

    Kauai E and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Lipochaeta micrantha on 
Kauai. Within these units the currently known primary constituent 
elements of critical habitat for Lipochaeta micrantha are the habitat 
components provided by:
    (1) Cliffs, ridges, stream banks, or slopes in mesic to wet mixed 
communities and containing one or more of the following associated 
native plant species: Acacia koa, Artemisia australis, Antidesma spp., 
Bidens sandvicensis, Bobea spp., Chamaesyce celastroides var. 
hanapepensis, Diospyros spp., Dodonaea viscosa, Eragrostis grandis, 
Eragrostis variabilis, Hibiscus kokio, Lepidium bidentatum, Lobelia 
niihauensis, Melicope spp., Metrosideros polymorpha, Neraudia 
kauaiensis, Nototrichium spp. Plectranthus parviflorus, Pleomele aurea, 
Psydrax odoratum, Pipturus spp., Rumex spp., Sida fallax, or Xylosma 
hawaiiense; and
    (2) Elevations between 35 and 1,362 m (115 and 4,468 ft).

[[Page 4089]]

Family Asteraceae: Lipochaeta waimeaensis (nehe)

    Kauai G, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Lipochaeta waimeaensis on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Precipitous, shrub-covered gulches in diverse lowland forest 
and containing one or more of the following associated native plant 
species: Artemisia australis, Chamaesyce celastroides, Dodonaea 
viscosa, Lipochaeta connata, Santalum ellipticum, Schiedea spergulina, 
or Panicum spp; and
    (2) Elevations between 44 and 460 m (145 and 1,509 ft).

Family Asteraceae: Remya kauaiensis (NCN)

    Kauai I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Remya kauaiensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep, north or northeast facing slopes in Acacia koa-
Metrosideros polymorpha lowland mesic forest and containing one or more 
of the following associated native plant species: Chamaesyce spp., 
Claoxylon sandwicense, Dianella sandwicensis, Diospyros spp., Dodonaea 
viscosa, Hedyotis terminalis, Melicope spp., Nestegis sandwicensis, 
Pouteria sandvicensis, Psychotria spp., Schiedea spp., Tetraplasandra 
spp.; and
    (2) Elevations between 560 and 1,247 m (1,836 and 4,090 ft).

Family Asteraceae: Remya montgomeryi (NCN)

    Kauai I, J, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Remya montgomeryi on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) steep, north or northeast-facing slopes or cliffs in 
transitional wet or Metrosideros polymorpha dominated mixed mesic 
forest and containing one or more of the following associated native 
plant species: Artemisia australis, Bobea spp., Boehmeria grandis, 
Cheirodendron spp., Claoxylon sandwicense, Cyrtandra spp., Dubautia 
spp., Ilex anomala, Lepidium serra, Lysimachia spp., Myrsine 
linearifolia, Nototrichium spp., Pleomele aurea, Poa mannii, Sadleria 
spp., Scaevola spp., Stenogyne campanulata, Tetraplasandra spp., or 
Zanthoxylum dipetalum; and
    (2) Elevations between 336 and 1,345 m (1,102 and 4,411 ft).

Family Asteraceae: Wilkesia hobdyi (dwarf iliau)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitute critical habitat for Wilkesia hobdyi on Kauai. Within these 
units, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Coastal dry cliffs or very dry ridges containing one or more of 
the following associated native plant species: Artemisia australis, 
Dodonaea viscosa, Eragrostis variabilis, Hibiscus kokio ssp. saint 
johnianus, Lipochaeta connata, Lobelia niihauensis, Myoporum 
sandwicense, Peperomia blanda, Peperomia leptostachya, Peperomia 
tetraphylla, Peucedanum sandwicense, Psydrax odoratum, Sida fallax, 
Waltheria indica, or Wilkesia gymnoxiphium; and
    (2) Elevations between 12 and 685 m (40 and 2,246 ft).

Family Campanulaceae: Brighamia insignis ('o'lulu)

    Kauai C, E, I, and J, identified in the legal descriptions in 
(a)(1)(i)(A), and Niihau A, identified in the legal descriptions in 
(a)(1)(i)(B), constitute critical habitat for Brighamia insignis on 
Kauai and Niihau. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Rocky ledges with little soil or steep sea cliffs in lowland 
dry grasslands or shrublands with annual rainfall that is usually less 
than 170 cm (65 in.) and containing one or more of the following native 
plant species: Artemisia australis, Chamaesyce celastroides, Eragrostis 
variabilis, Heteropogon contortus, Hibiscus kokio, Hibiscus kokio ssp. 
saintjohnianus, Lepidium serra, Lipochaeta succulenta, Munroidendron 
racemosum, or Sida fallax; and
    (2) Elevations between 0 and 748 m (0 and 2,453 ft).

Family Campanulaceae: Cyanea asarifolia (haha)

    Kauai M and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Cyanea asarifolia on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Pockets of soil on sheer wet rock cliffs and waterfalls in 
lowland wet forests and containing one or more of the following native 
plant species: ferns, Bidens spp., Dubautia plantaginea, Hedyotis 
centranthoides, Hedyotis elatior, Lysimachia filifolia, Machaerina 
angustifolia, Metrosideros polymorpha, or Panicum lineale; and
    (2) Elevations between 182 and 1212 m (597 and 3,976 ft).

Family Campanulaceae: Cyanea recta (haha)

    Kauai I, J, K, L, M, N, and O, identified in the legal descriptions 
in (a)(1)(i)(A), constitute critical habitat for Cyanea recta on Kauai. 
Within these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Gulches or slopes in lowland wet or mesic Metrosideros 
polymorpha forest or shrubland and containing one or more of the 
following native plant species: Dicranopteris linearis, Psychotria 
spp., Antidesma spp., Cheirodendron platyphyllum, Cibotium spp., or 
Diplazium spp.; and
    (2) Elevations between 234 and 1,406 m (768 and 4,613 ft).

Family Campanulaceae: Cyanea remyi (haha)

    Kauai I, J, K, L, M, and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Cyanea remyi on Kauai. 
Within these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Tight drainages and seepy stream banks in lowland wet forest or 
shrubland and containing one or more of the following native plant 
species: various grammitid and filmy ferns, Adenophorus spp., Antidesma 
spp., Cheirodendron spp., Cyrtandra spp., Diplazium sandwichianum, 
Eragrostis grandis, Bidens spp., Broussaisia arguta, Metrosideros 
polymorpha, Freycinetia arborea, Hedyotis terminalis, Machaerina 
angustifolia, Perrottetia sandwicensis, Pipturus spp., Psychotria 
hexandra, Syzygium sandwicensis, Thelypteris spp., Touchardia spp., or 
Urera glabra; and
    (2) Elevations between 215 and 1,167 m (704 and 3,829 ft).

Family Campanulaceae: Cyanea undulata (haha)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Cyanea undulata on Kauai. Within this 
unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Tight drainages and seepy stream banks in Metrosideros 
polymorpha dry to montane wet forest or shrubland and containing one or 
more of the following associated native species: various

[[Page 4090]]

grammitid and filmy ferns, Adenophorus spp., Antidesma spp., 
Broussaisia arguta, Cheirodendron spp., Diplazium sandwichianum, 
Dryopteris glabra, Eragrostis grandis, Bidens spp., Freycinetia 
arborea, Machaerina angustifolia, Mariscus spp., Melicope feddei, 
Perrottetia sandwicensis, Pipturus spp., Psychotria mariniana, 
Psychotria hexandra, Sadleria pallida, Sadleria squarrosa, Smilax 
melastomifolia, Sphenomeris chinensis, Syzygium sandwicensis, or 
Thelypteris spp.; and
    (2) Elevations between 145 and 1,066 m (476 and 3,497 ft).

Family Campanulaceae: Delissea rhytidosperma (no common name)

    Kauai E, and I, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Delissea rhytidosperma on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Well-drained soils with medium or fine-textured subsoil in 
Diospyros diverse lowland mesic or diverse Metrosideros polymorpha-
Acacia koa forests and containing one or more of the following native 
species: grammitid ferns, Adenophorus oligadenus, Cyanea spp., Dianella 
sandwicensis, Diospyros sandwicensis, Dodonaea viscosa, Doodia 
kunthiana, Euphorbia haeleeleana, Hedyotis spp., Microlepia strigosa, 
Nestegis sandwicensis, Psychotria hobdyi, Pisonia spp., Pteralyxia 
spp., or Styphelia tameiameiae; and
    (2) Elevations between 167 and 895 m (547 and 2,935 ft).

Family Campanulaceae: Delissea rivularis (oha)

    Kauai I, J, N, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitutes critical habitat for Delissea rivularis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep slopes near streams in Metrosideros polymorpha-
Cheirodendron trigynum montane wet or mesic forest and containing one 
or more of the following native plant species: Boehmeria grandis, 
Broussaisia arguta, Carex spp., Coprosma spp., Dubautia knudsenii, 
Diplazium sandwichianum, Hedyotis foggiana, Ilex anomala, Machaerina 
angustifolia, Melicope clusiifolia, Melicope anisata, Pipturus spp., 
Psychotria hexandra, or Sadleria spp.; and
    (2) Elevations between 722 and 1,306 m (2,370 and 4,286 ft).

Family Campanulaceae: Delissea undulata (NCN)

    Kauai I and J, identified in the legal descriptions in 
(a)(1)(i)(A), constitutes critical habitat for Delissea undulata on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry or open Acacia koa-Metrosideros polymorpha mesic forests or 
Alphitonia ponderosa montane forest containing one or more of the 
following native plant species: Diospyros sandwicensis, Dodonaea 
viscosa, Doodia kunthiana, Eragrostis variabilis, Euphorbia 
haeleeleana, Kokia kauaiensis, Microlepia strigosa, Panicum spp., 
Pleomele aurea, Psychotria mariniana, P. greenwelliae, Santalum 
ellipticum; and
    (2) Elevations between 139 and 1,006m (456 and 3,299 ft).

Family Campanulaceae: Lobelia niihauensis (NCN)

    Kauai C, I, J, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Lobelia niihauensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Exposed mesic mixed shrubland or coastal dry cliffs containing 
one or more of the following associated native plant species: Artemisia 
australis, Bidens sandvicensis, Chamaesyce celastroides, Charpentiera 
spp., Eragrostis variabilis, Hibiscus kokio ssp. saint -johnianus, 
Lipochaeta connata var. acris, Lythrum spp., Nototrichium spp., 
Plectranthus parviflorus, Schiedea apokremnos, or Wilkesia hobdyi; and
    (2) Elevations between 11 and 887 m (37 and 2,911 ft).

Family Caryophyllaceae: Alsinidendron lychnoides (kuawawaenohu)

    Kauai I, J, K and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Alsinidendron lychnoides 
on Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) steep riparian clay or silty soil banks in montane wet forests 
dominated by Metrosideros polymorpha and Cheirodendron spp., or by 
Metrosideros polymorpha and Dicranopteris linearis and containing one 
or more of the following native plant species: Asplenium spp., Astelia 
spp., Broussaisia arguta, Carex spp., Cyrtandra spp., Diplazium 
sandwichianum, Elaphoglossum spp., Hedyotis terminalis, Machaerina 
spp., Peperomia spp., or Vaccinium spp.; and
    (2) Elevations between 878 and 1,344 m (2,715 and 4,408 ft).

Family Caryophyllaceae: Alsinidendron viscosum (NCN)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Alsinidendron viscosum on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) steep slopes in Acacia koa-Metrosideros polymorpha lowland, 
montane mesic forest and containing one or more of the following native 
plant species: Alyxia oliviformis, Asplenium polydon, Bidens cosmoides, 
Bobea spp., Carex meyenii, Carex wahuensis, Coprosma spp., Dryopteris 
unidentata, Dryopteris glabra, Dodonaea viscosa, Dubautia laevigata, 
Dianella sandwicensis, Dryopteris wallichiana, Doodia kunthiana, Gahnia 
spp., Ilex anomala, Melicope spp., Panicum nephelophilum, Pteridium 
aquilinum var. decompositum, Pleomele spp., Psychotria spp., Schiedea 
stellarioides, or Vaccinium dentatum; and
    (2) Elevations between 754 and 1,224 m (2,474 and 4,016 ft).

Family Caryophyllaceae: Schiedea apokremnos (maolioli)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitute critical habitat for Schiedea apokremnos on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Crevices of near-vertical basalt coastal cliff faces in sparse 
dry coastal cliff shrub vegetation and containing one or more of the 
following associated native plant species: Artemisia australis, Bidens 
spp., Carex meyenii, Chamaesyce celastroides, Eragrostis variabilis, 
Lepidium serra, Lipochaeta connata, Lobelia niihauensis, Myoporum 
sandwicense, Peperomia spp., Pleomele aurea, Psydrax odoratum, or 
Wilkesia spp.; and
    (2) Elevations between 12 and 391 m (40 and 1,283 ft).

Family Caryophyllaceae: Schiedea helleri (NCN)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Schiedea helleri on Kauai. Within this 
unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:

[[Page 4091]]

    (1) Ridges and steep cliffs in closed Metrosideros polymorpha-
Dicranopteris linearis montane wet forest, M. polymorpha-Cheirodendron 
spp. montane wet forest, or Acacia koa-M. polymorpha montane mesic 
forest and containing one or more of the following associated native 
plant species: Broussaisia arguta, Cheirodendron spp., Cibotium spp., 
Cyanea spp., Dianella sandwicensis, Dubautia spp., Elaeocarpus bifidus, 
Hedyotis terminalis, Melicope spp., Myrsine spp., Poa sandvicensis, 
Scaevola procera, Syzygium sandwicensis, or Viola wailenalenae; and
    (2) Elevations between 941 and 1,223 m (3,088 and 4,011 ft).

Family Caryophyllaceae: Schiedea kauaiensis (NCN)

    Kauai I, J, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitutes critical habitat for Schiedea kauaiensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep slopes in diverse mesic to wet Acacia koa-Metrosideros 
polymorpha forest and containing one or more of the following 
associated plant species: Alphitonia ponderosa, Cryptocarya mannii, 
Diospyros spp., Dodonaea viscosa, Euphorbia haeleeleana, Exocarpos 
luteolus, Microlepia strigosa, Nestegis sandwicensis, Pisonia spp., 
Peucedanum sandwicense, Psychotria spp., Psydrax odoratum, or Styphelia 
tameiameiae; and
    (2) Elevations between 192 and 4,232 m (631 and 4,232 ft).

Family Caryophyllaceae: Schiedea membranacea (NCN)

    Kauai I, J, K, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Schiedea membranacea on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Cliffs or cliff bases of mesic or wet habitats, in lowland, or 
montane shrubland, or forest communities dominated by Acacia koa, 
Pipturus spp. and Metrosideros polymorpha or Urticaceae shrubland on 
talus slopes and containing one or more of the following associated 
native plant species: Alphitonia ponderosa, Alyxia oliviformis, 
Asplenium spp., Athyrium sandwicensis, Bobea brevipes, Boehmeria 
grandis, Cyrtandra spp., Diplazium sandwichianum, Dodonaea viscosa, 
Eragrostis variabilis, Hedyotis terminalis, Hibiscus waimeae, 
Joinvillea ascendens ssp. ascendens, Labordia helleri, Lepidium serra, 
Lysimachia kalalauensis, Machaerina angustifolia, Mariscus 
pennatiformis, Melicope spp., Myrsine spp., Perrottetia sandwicensis, 
Pisonia spp., Pleomele aurea, Poa mannii, Poa sandvicensis Pouteria 
sandvicensis, Psychotria spp., Psydrax odoratum, Remya kauaiensis, 
Sadleria cyatheoides, Scaevola procera, Thelypteris cyatheoides, 
Thelypteris sandwicensis, or Touchardia latifolia; and
    (2) Elevations between 423 and 1,205 m (1,386 and 3,953 ft).

Family Caryophyllaceae: Schiedea nuttallii (NCN)

    Kauai E, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Schiedea nuttallii on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Cliffs in lowland diverse mesic forest dominated by 
Metrosideros polymorpha and containing one or more of the following 
associated native plant species: Antidesma platyphyllum var. 
hillebrandii, Bidens valida, Chamaesyce celastroides, Eragrostis 
variabilis, Hedyotis acuminata, Hedyotis fluviatilis, Heteropogon 
contortus, Lepidium spp., Lobelia niihauensis, Psychotria spp., 
Perrottetia sandwicensis, or Pisonia spp.; and
    (2) Elevations between 33 and 702 m (120 and 2,303 ft).

Family Caryophyllaceae: Schiedea spergulina var. leiopoda (NCN)

    Kauai F, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Schiedea spergulina var. leiopoda on 
Kauai. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Bare rock outcrops or sparsely vegetated portions of rocky 
cliff faces or cliff bases in diverse lowland dry to mesic forests and 
containing one or more of the following native plant species: Acacia 
koa, Artemisia australis, Bidens sandvicensis, Carex meyenii, 
Chamaesyce celastroides, Dianella sandwicensis, Doryopteris spp., 
Eragrostis variabilis, Erythrina sandwicensis, Gahnia spp., 
Heliotropium spp., Lepidium serra, Lipochaeta connata, Microlepia 
strigosa, Nestegis sandwicensis, Nototrichium sandwicense, Panicum 
lineale, Panicum violascens, Peucedanum sandwicense, or Wilkesia 
gymnoxiphium; and
    (2) Elevations between 21 and 87 m (69 and 284 ft).

Family Caryophyllaceae: Schiedea spergulina var. spergulina (NCN)

    Kauai G, I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Schiedea spergulina var. 
spergulina on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Bare rock outcrops or sparsely vegetated portions of rocky 
cliff faces or cliff bases in diverse lowland dry to mesic forests and 
containing one or more of the following associated plant species: 
Acacia koa, Artemisia australis, Bidens sandvicensis, Carex meyenii, 
Chamaesyce celastroides, Dianella sandwicensis, Doryopteris spp., 
Eragrostis variabilis, Erythrina sandwicensis, Gahnia spp., 
Heliotropium spp., Lepidium serra, Lipochaeta connata, Microlepia 
strigosa, Nestegis sandwicensis, Nototrichium sandwicense, Panicum 
lineale, Panicum violascens, Peucedanum sandwicense, or Wilkesia 
gymnoxiphium; and
    (2) Elevations between 145 and 829 m (474 and 2,718 ft).

Family Caryophyllaceae: Schiedea stellarioides (laulihilihi 
(=maolioli))

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Schiedea stellarioides on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Steep slopes in closed Acacia koa-Metrosideros polymorpha 
lowland or montane mesic forest or shrubland and containing one or more 
of the following native plant species: Alsinidendron viscosum, 
Artemisia australis, Bidens cosmoides, Chenopodium spp., Dianella 
sandwicensis, Dodonaea viscosa, Mariscus spp., Melicope spp., 
Nototrichium sandwicense, Pipturus spp., Styphelia tameiameiae, 
Syzygium sandwicensis, or Zanthoxylum dipetalum; and
    (2) Elevations between 476 and 1,216 m (1,561 and 3,990 ft).

Family Convolvulaceae: Bonamia menziesii (NCN)

    Kauai I, J, K, L, M, N and O, identified in the legal descriptions 
in (a)(1)(i)(A), constitute critical habitat for Bonamia menziesii on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry, mesic, or wet Metrosideros polymorpha-Cheirodendron-
Dicranopteris forest and containing one

[[Page 4092]]

or more of the following native plant species: Antidesma platyphyllum, 
Alphitonia ponderosa, Acacia koa, Cyanea spp., Cyrtandra pickeringii, 
Cyrtandra limahuliensis, Dianella sandwicensis, Diospyros sandwicensis, 
Dodonaea viscosa, Dubautia knudsenii, Hedyotis terminalis, Isodendrion 
longifolium, Labordia hirta, Melicope anisata, Melicope barbigera, 
Myoporum sandwicense, Nestegis sandwicensis, Pisonia spp., Pittosporum 
spp., Pouteria sandvicensis, Psychotria mariniana, Psychotria hexandra, 
Psydrax odoratum, Sapindus oahuensis, Scaevola procera, or Syzygium 
sandwicensis; and
    (2) Elevations between 351 and 1,416 m (1,151 and 4,644 ft).

Family Cyperaceae: Cyperus trachysanthos (puukaa)

    Kauai I, identified in the legal description in (a)(1)(i)(A), and 
Niihau A, identified in the legal description in (a)(1)(i)(B), 
constitute critical habitat for Cyperus trachysanthos on Kauai and 
Niihau. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet sites (mud flats, wet clay soil, or wet cliff seeps) on 
seepy flats or talus slopes and containing the native plant species 
Hibiscus tiliaceus; and
    (2) Elevations between 0 and 234 m (0 and 767 ft).

Family Cyperaceae: Mariscus pennatiformis (NCN)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Mariscus pennatiformis on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Open sites in Metrosideros polymorpha--Acacia koa mixed mesic 
forest and containing one or more of the following associated native 
plant species: Antidesma platyphyllum var. hillebrandii, Alsinidendron 
viscosum, Carex alligata, Cyperus laevigatus, Dianella sandwicensis, 
Diospyros hillebrandii, Diospyros sandwicensis, Dodonaea viscosa, 
Myrsine linearifolia, Nestegis sandwicensis, Panicum nephelophilum, Poa 
sandvicensis, Psydrax odoratum, Schiedea stellarioides, Styphelia 
tameiameiae, or endemic ferns; and
    (2) Elevations between 544 and 1,104 m (1,785 and 3,621 ft).

Family Euphorbiaceae: Chamaesyce halemanui (NCN)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Chamaesyce halemanui on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep slopes of gulches in mesic Acacia koa forests and 
containing one or more of the following native plant species: Asplenium 
spp., Alphitonia ponderosa, Antidesma platyphyllum, Bobea brevipes, 
Carex meyenii, Carex wahuensis, Cheirodendron trigynum, Coprosma spp., 
Diospyros sandwicensis, Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis 
terminalis, Kokia kauaiensis, Metrosideros polymorpha, Melicope 
haupuensis, Microlepia strigosa, Panicum nephelophilum, Pisonia spp., 
Pittosporum spp., Pleomele aurea, Psychotria mariniana, Psychotria 
greenwelliae, Pouteria sandvicensis, Santalum freycinetianum, or 
Styphelia tameiameiae; and
    (2) Elevations between 556 and 1,202 m (1,825 and 3,944 ft).

Family Euphorbiaceae: Euphorbia haeleeleana (akoko)

    Kauai I, J, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Euphorbia haeleeleana on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland mixed mesic or dry Diospyros forest that is often co-
dominated by Metrosideros polymorpha and Alphitonia ponderosa and 
containing one or more of the following native plant species: Acacia 
koaia, Antidesma platyphyllum, Claoxylon sandwicense, 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 sandvicensis, Pisonia sandwicensis, or Xylosma spp.; and
    (2) Elevations between 284 and 1,178 m (931 and 3,866 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Flueggea neowawraea on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry or mesic forests containing one or more of the following 
native plant species: Alectryon macrococcus, Antidesma pulvinatum, A. 
platyphyllum, Bidens sandvicensis, Bobea timonioides, Caesalpinia 
kavaiensis, Charpentiera spp., Diospyros spp., Diplazium sandwichianum, 
Freycinetia arborea, Hibiscus spp., Isodendrion laurifolium, Kokia 
kauaiensis, Melicope spp., Metrosideros polymorpha, Munroidendron 
racemosum, Myrsine lanaiensis, Nesoluma polynesicum, Nestegis 
sandwicensis, Tetraplasandra spp., Pittosporum spp., Pouteria 
sandvicensis, Pritchardia minor, Psychotria spp., Psydrax odoratum, 
Pteralyxia kauaiensis, Rauvolfia sandwicensis, Streblus pendulinus, 
Tetraplasandra spp., Xylosma hawaiiense, or Xylosma crenatum; and
    (2) Elevations between 210 and 1,178 m (689 and 3,865 ft).

Family Fabaceae: Sesbania tomentosa (ohai)

    Kauai D, H, and I, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Sesbania tomentosa on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Sandy beaches, dunes, or pond margins in coastal dry shrublands 
or mixed coastal dry cliffs, and containing one or more of the 
following associated native plant species: Chamaesyce celastroides, 
Dodonaea viscosa, Heteropogon contortus, Myoporum sandwicense, Nama 
sandwicensis, Scaevola sericea, Sida fallax, Sporobolus virginicus, or 
Vitex rotundifolia; and
    (2) Elevations between 0 and 212 m (0 and 694 ft).

Family Flacourtiaceae: Xylosma crenatum (NCN)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Xylosma crenatum on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (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: Athyrium sandwicensis, Cheirodendron spp., Claoxylon 
sandwicense, Coprosma spp., Cyanea hirta, Diplazium sandwichianum, 
Dubautia knudsenii, Hedyotis spp., Ilex anomala, Lobelia yuccoides, 
Myrsine spp., Nestegis sandwicensis, Perrottetia sandwicensis, Pleomele 
aurea, Poa sandvicensis, Pouteria sandvicensis,

[[Page 4093]]

Psychotria spp., Scaevola procera, Streblus pendulinus, Tetraplasandra 
spp., Touchardia latifolia, or Zanthoxylum dipetalum; and
    (2) Elevations between 936 and 1,284 m (3,070 and 4,212 ft).

Family Gentianaceae: Centaurium sebaeoides (awiwi)

    Kauai A and I, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Centaurium sebaeoides on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Volcanic or clay soils or on cliffs in arid coastal areas and 
containing one or more of the following native plant species: Artemisia 
spp., Bidens spp., Chamaesyce celastroides, Dodonaea viscosa, 
Fimbristylis cymosa, Heteropogon contortus, Jacquemontia ovalifolia, 
Lipochaeta succulenta, Lipochaeta heterophylla, Lipochaeta 
integrifolia, Lycium sandwicense, Lysimachia mauritiana, Mariscus 
phleoides, Panicum fauriei, P. torridum, Scaevola sericea, Sida fallax, 
or Wikstroemia uva-ursi; and
    (2) Elevations between 0 and 147 m (0 and 483 ft).

Family Gesneriaceae: Cyrtandra cyaneoides (mapele)

    Kauai J, K, L, M and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Cyrtandra cyaneoides on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Talus rubble on steep slopes or cliffs with water seeps running 
below, near streams or waterfalls in lowland or montane wet forest or 
shrubland dominated by Metrosideros polymorpha or a mixture of 
Metrosideros polymorpha, Cheirodendron spp., and Dicranopteris linearis 
and containing one or more of the following native species: Bidens 
spp., Boehmeria grandis, Cyanea spp., Cyrtandra longifolia, Cyrtandra 
kauaiensis, Cyrtandra limahuliensis, Coprosma spp., Diplazium 
sandwichianum, Freycinetia arborea, Gunnera spp., Hedyotis terminalis, 
Hedyotis tryblium, Machaerina spp., Melicope clusiifolia, Melicope 
puberula, Perrottetia sandwicensis, Pipturus spp., Psychotria spp., 
Pritchardia spp., or Stenogyne purpurea; and
    (2) Elevations between 157 and 1,406 m (514 and 4,614 ft).

Family Gesneriaceae: Cyrtandra limahuliensis (haiwale)

    Kauai I, J, K, L, M, and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Cyrtandra limahuliensis 
on Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Stream banks in lowland wet forests containing one or more of 
the following native plant species: Antidesma spp., Boehmeria grandis, 
Bidens spp., Charpentiera spp., Cibotium glaucum, Cyanea spp., 
Cyrtandra kealiae, Dicranopteris linearis, Diplazium sandwichianum, 
Dubautia spp., Eugenia spp., Gunnera kauaiensis, Hedyotis terminalis, 
Hibiscus waimeae, Metrosideros polymorpha, Perrottetia sandwicensis, 
Pisonia spp., Pipturus spp., Pritchardia spp., Psychotria spp., 
Touchardia latifolia, or Urera glabra; and
    (2) Elevations between 208 and 1,594 m (681 and 5,228 ft).

Family Lamiaceae: Phyllostegia knudsenii (NCN)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Phyllostegia knudsenii on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha lowland mesic or wet forest containing 
one or more of the following associated native plant species: Bobea 
timonioides, Claoxylon sandwicense, Cryptocarya mannii, Cyrtandra 
kauaiensis, Cyrtandra paludosa, Diospyros sandwicensis, Elaeocarpus 
bifidus, Ilex anomala, Myrsine linearifolia, Perrottetia sandwicensis, 
Pittosporum kauaiense, Pouteria sandvicensis, Pritchardia minor, 
Selaginella arbuscula, Tetraplasandra oahuensis, or Zanthoxylum 
dipetalum; and
    (2) Elevations between 399 and 1,059 m (1,309 and 3,475 ft).

Family Lamiaceae: Phyllostegia waimeae (no common name)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Phyllostegia waimeae on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Acacia koa-Metrosideros polymorpha dominated wet or mixed mesic 
forest with Cheirodendron spp. or Dicranopteris linearis as co-
dominants and containing one or more of the following associated native 
plant species: Broussaisia arguta, Claoxylon sandwicense, Diplazium 
sandwichianum, Dubautia knudsenii, Elaphoglossum spp., Gunnera spp., 
Hedyotis spp., Myrsine lanaiensis, Pleomele aurea, Psychotria spp., 
Sadleria spp., Scaevola procera, Syzygium sandwicensis, or Vaccinium 
spp.; and
    (2) Elevations between 655 and 1,224 m (2,149 and 4,016 ft).

Family Lamiaceae: Phyllostegia wawrana (no common name)

    Kauai I, J, M, N, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Phyllostegia wawrana on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Acacia koa-Metrosideros polymorpha-Cheirodendron mixed mesic 
forest containing one or more of the following associated native plant 
species: Alectryon spp., Asplenium polypodon, Athyrium microphyllum, 
Carex spp., Claoxylon sandwicense, Cyanea fissa, Delissea rivularis, 
Dianella sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, 
Doodia kunthiana, Dryopteris wallichiana, Dubautia knudsenii, Dubautia 
laevigata, Hedyotis tryblium, Machaerina angustifolia, Panicum 
nephelophilum, Peperomia macraeana, Perrottetia sandwicensis, Poa 
sandvicensis, Pleomele aurea, Pteridium decompositum, Sadleria pallida, 
Schiedea stellarioides, Scaevola procera, Syzygium sandwicensis, 
Touchardia latifolia, or Vaccinium dentatum; and
    (2) Elevations between 398 and 1,284 m (1,306 and 4,212 ft).

Family Lamiaceae: Stenogyne campanulata (NCN)

    Kauai I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Stenogyne campanulata on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Rock faces of nearly vertical, north-facing cliffs in diverse 
lowland or montane mesic forest and containing one or more of the 
following associated native plant species: Lepidium serra, Lobelia 
niihauensis, Lysimachia spp., Metrosideros polymorpha, Melicope 
pallida, Neraudia kauaiensis, Nototrichium divaricatum, Poa mannii, 
Remya montgomeryi, or Wilkesia gymnoxiphium; and
    (2) Elevations between 335 and 1,290 (1,100 and 4,232 ft).

[[Page 4094]]

Family Loganiaceae: Labordia lydgatei (kamakahala)

    Kauai I, J, K, L, M, and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Labordia lydgatei on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha-Dicranopteris linearis lowland wet 
forest containing one or more of the following associated native plant 
species: Antidesma platyphyllum var. hillebrandii, Cyanea spp., 
Cyrtandra spp., Dubautia knudsenii, Hedyotis terminalis, Ilex anomala, 
Labordia hirtella, Psychotria spp., or Syzygium sandwicensis; and
    (2) Elevations between 182 and 1,140 m (597 and 3,740 ft).

Family Loganiaceae: Labordia tinifolia var. wahiawaensis 
(kamakahala)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Labordia tinifolia var. wahiawaensis 
on Kauai. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Streambanks in lowland wet forests dominated by Metrosideros 
polymorpha and containing one or more of the following associated 
species: Antidesma platyphyllum, Athyrium microphyllum, Cheirodendron 
spp., Cyrtandra spp., Dicranopteris linearis, Hedyotis terminalis, or 
Psychotria spp.; and
    (2) Elevations between 458 and 1,006 m (1,502 and 3,301 ft).

Family Malvaceae: Hibiscadelphus woodii (hau kuahiwi)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Hibiscadelphus woodii on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Basalt talus or cliff walls in Metrosideros polymorpha montane 
mesic forest and containing one or more of the following associated 
native plant species: Artemisia australis, Bidens sandvicensis, Carex 
meyenii, Chamaesyce celastroides var. hanapepensis, Dubautia spp., 
Hedyotis spp., Lepidium serra, Lipochaeta spp., Lobelia niihauensis, 
Lysimachia glutinosa, Melicope pallida, Myrsine spp., Nototrichium 
spp., Panicum lineale, Poa mannii, or Stenogyne campanulata; and
    (2) Elevations between 219 and 1,197 m (717 and 3,926 ft).

Family Malvaceae: Hibiscus clayi (Clay's hibiscus)

    Kauai B, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Hibiscus clayi on Kauai. Within this 
unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Slopes in Acacia koa or Diospyros spp.-Pisonia spp.-
Metrosideros polymorpha lowland dry or mesic forest and containing one 
or more of the following associated native plant species: Artemisia 
australis, Bidens spp., Cyanea hardyi, Hedyotis acuminata, Gahnia spp., 
Munroidendron racemosum, Pandanus tectorius, Panicum tenuifolium, 
Pleomele aurea, Pipturus spp., Psychotria spp., or Psydrax odoratum; 
and
    (2) elevations between nine and 380 m (29 and 1,245 ft).

Family Malvaceae: Hibiscus waimeae ssp. hannerae (kokio keokeo)

    Kauai I and J, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Hibiscus waimeae ssp. 
hannerae on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Metrosideros polymorpha-Dicranopteris linearis or Pisonia spp.-
Charpentiera elliptica lowland wet or mesic forest and containing one 
or more of the following associated native plant species: Antidesma 
spp., Psychotria spp., Pipturus spp., Bidens spp., Bobea spp., Sadleria 
spp., Cyrtandra spp., Cyanea spp., Cibotium spp., Perrottetia 
sandwicensis, or Syzygium sandwicensis; and
    (2) Elevations between 174 and 1,154 m (570 and 3,787 ft).

Family Malvaceae: Kokia kauaiensis (kokio)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Kokia kauaiensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Diverse mesic forest containing one or more of the following 
associated native plant species: Acacia koa, Alyxia oliviformis, 
Antidesma spp., Bobea spp., Chamaesyce celastroides, Claoxylon 
sandwicense, Dicranopteris linearis, Diellia pallida, Diospyros 
hillebrandii, Diospyros sandwicensis, Dodonaea viscosa, Flueggea 
neowawraea, Hibiscus spp., Hedyotis spp., Isodendrion laurifolium, 
Lipochaeta fauriei, Melicope spp., Metrosideros polymorpha, Nestegis 
sandwicensis, Nototrichium spp., Pisonia spp., Pleomele aurea, Pouteria 
sandvicensis, Psydrax odoratum, Pteralyxia kauaiensis, Rauvolfia 
sandwicensis, Santalum freycinetianum var. pyrularium, Streblus 
pendulinus, Syzygium sandwicensis, Tetraplasandra spp., or Xylosma 
spp.; and
    (2) Elevations between 216 and 1,037 m (707 and 3,402 ft).

Family Myrsinaceae: Myrsine linearifolia (kolea)

    Kauai E, I, J, K, L, N, and O, identified in the legal descriptions 
in (a)(1)(i)(A), constitute critical habitat for Myrsine linearifolia 
on Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Diverse mesic or wet lowland or montane Metrosideros polymorpha 
forest, with Cheirodendron spp., or Dicranopteris linearis as co-
dominant species, and containing one or more of the following 
associated native plant species: Bobea brevipes, Cryptocarya mannii, 
Dubautia spp., Eurya sandwicensis, Freycinetia arborea, Hedyotis 
terminalis, Lysimachia glutinosa, Machaerina angustifolia, Melicope 
spp., Myrsine spp., Nothocestrum spp., Psychotria spp., Sadleria 
pallida, Syzygium sandwicensis, or native ferns; and
    (2) Elevations between 106 and 1,380 m (346 and 4,526 ft).

Family Orchidaceae: Platanthera holochila (NCN)

    Kauai I, J, L, N, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Platanthera holochila on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Montane Metrosideros polymorpha-Dicranopteris linearis wet 
forest or M. polymorpha mixed bog and containing one or more of the 
following associated native plant species: mosses, grammitid ferns, 
Carex montis-eeka, Cibotium spp., Clermontia fauriei, Coprosma 
elliptica, Dichanthelium spp., Lobelia kauaensis, Machaerina 
angustifolia, Myrsine denticulata, Oreobolus furcatus, Rhynchospora 
laxa, Styphelia tameiameiae, or Vaccinium spp., or Viola kauaensis; and
    (2) Elevations between 803 and 1,563 m (2,635 and 5,128 ft).

[[Page 4095]]

Family Plantaginaceae: Plantago princeps (laukahi kuahiwi)

    Kauai I, J, K, L, N, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Plantago princeps on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Windswept areas near waterfalls in Metrosideros polymorpha-
Cheirodendron montane wet forest with riparian vegetation or 
Metrosideros polymorpha lowland to montane transitional wet forest on 
cliffs and ridges, growing on basalt rocky outcrops and containing one 
or more of the following associated native plant species: Antidesma 
platyphyllum var. hillebrandii, Bidens forbesii, Bobea elatior, 
Boehmeria grandis, Cyrtandra spp., Diplazium sandwichianum, Freycinetia 
arborea, Gunnera spp., Hedyotis elatior, Huperzia spp. Hedyotis 
centranthoides, Isachne pallens, Machaerina angustifolia, Perrottetia 
sandwicensis, Pilea peploides, Pipturus spp., Sadleria cyatheoides, or 
Tetraplasandra spp. or Bidens sandvicensis, Carex meyenii, Carex 
wahuensis, Charpentiera elliptica, Hedyotis spp., Lipochaeta connata, 
Lysimachia glutinosa, Lysimachia kalalauensis, Melicope spp., Myrsine 
linearifolia, Poa mannii, or Wilkesia gymnoxiphium; and
    (2) Elevations between 347 and 1,598 m (1,139 and 5,244 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Kauai A and I, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Ischaemum byrone on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Coastal shrubland, occurring near the ocean among rocks and 
seepy cliffs and containing one or more of the following associated 
native plant species: Bidens spp., Chamaesyce celastroides, 
Fimbristylis cymosa, Lipochaeta succulenta, Lysimachia mauritiana, or 
Scaevola sericea, and
    (2) Elevations between 0 and 297 m (0 and 975 ft).

Family Poaceae: Panicum niihauense (lau ehu)

    Kauai H and I, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Panicum niihauense on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Sand dunes in coastal shrubland and containing one or more of 
the following associated native plant species: Cassytha filiformis, 
Chamaesyce celastroides, Dodonaea viscosa, Nama sandwicensis, 
Ophioglossum pendulum ssp. falcatum, Scaevola sericea, Sida fallax, 
Vitex rotundifolia, or Sporobolus virginicus; and
    (2) Elevations between 0 and 103 m (0 and 337 ft).

Family Poaceae: Poa mannii (Mann's bluegrass)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Poa mannii on Kauai. 
Within these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by: (1) Cliffs or 
rock faces in lowland or montane mesic Metrosideros polymorpha or 
Acacia koa-Metrosideros polymorpha forest and containing one or more of 
the following associated native plant species: Antidesma platyphyllum, 
Artemisia australis, Bidens cosmoides, Bidens sandvicensis, Carex 
meyenii, C. wahuensis, Chamaesyce celastroides var. hanapepensis, 
Dodonaea viscosa, Diospyros sandwicensis, Eragrostis variabilis, 
Hedyotis terminalis, Lobelia niihauensis, Lobelia yuccoides, Luzula 
hawaiiensis, Mariscus phloides, Melicope anisata, M. barbigera, M. 
pallida, Nototrichium spp., Panicum lineale, Pleomele aurea, Pouteria 
sandvicensis, Psychotria mariniana, P. greenwelliae, Schiedea lydgatei 
var. attenuata, Schiedea membranacea, or Wilkesia gymnoxiphium; and
    (2) Elevations between 327 and 1,222 m (1,072 and 4,009 ft).

Family Poaceae: Poa sandvicensis (Hawaiian bluegrass)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Poa sandvicensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet, shaded, gentle to steep slopes, ridges, and rock ledges of 
stream banks in semi-open to closed, wet, diverse Acacia koa--
Metrosideros polymorpha montane forest and containing one or more of 
the following associated native species: Alyxia oliviformis, Bidens 
sandvicensis, Cheirodendron spp., Claoxylon sandwicense, Coprosma spp., 
Dianella sandwicensis, Dicranopteris linearis, Dodonaea viscosa, 
Dubautia spp., Hedyotis spp., Melicope spp., Peperomia spp., Psychotria 
spp., Scaevola procera, Schiedea stellarioides, or Syzygium 
sandwicensis; and
    (2) Elevations between 498 and 1,290 m (1,635 and 4,232 ft).

Family Poaceae: Poa siphonoglossa (NCN)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Poa siphonoglossa on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Shady banks on steep slopes in mesic Metrosideros polymorpha-
Acacia koa forests and containing one or more of the following 
associated native plant species: Acacia koa, Alphitonia ponderosa, 
Alyxia oliviformis, Bobea brevipes, Carex meyenii, Carex wahuensis, 
Coprosma waimeae, Dianella sandwicensis, Dodonaea viscosa, Dubautia 
spp., Hedyotis spp., Lobelia yuccoides, Melicope spp., Microlepia 
strigosa, Myrsine spp., Panicum nephelophilum, Poa sandvicensis, 
Psychotria spp., Scaevola procera, Styphelia tameiameiae, 
Tetraplasandra kauaiensis, Vaccinium spp., Wilkesia gymnoxiphium, 
Xylosma spp., or Zanthoxylum dipetalum; and
    (2) Elevations between 498 and 1,290 m (1,635 and 4,232 ft).

Family Primulaceae: Lysimachia filifolia (no common name)

    Kauai L and N, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Lysimachia filifolia on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (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, Antidesma platyphyllum, Bidens valida, Bobea 
elatior, Cyanea asarifolia, Chamaesyce remyi var kauaiensis, Dubautia 
plantaginea ssp. magnifolia, Eragrostis variabilis, Metrosideros 
polymorpha, Machaerina angustifolia, Melicope spp., or Panicum lineale; 
and
    (2) Elevations between 177 and 1,088 m (581 and 3,568 ft).

Family Rhamnaceae: Gouania meyenii (NCN)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Gouania meyenii on Kauai. 
Within these units, the currently known primary constituent elements of

[[Page 4096]]

critical habitat are the habitat components provided by:
    (1) Rocky ledges, cliff faces, and ridge-tops in dry shrubland or 
Metrosideros polymorpha lowland diverse mesic forest and containing one 
or more of the following native plant species: Bidens spp., Carex 
meyenii, Chamaesyce spp., Dodonaea viscosa, Diospyros sandwicensis, 
Diospyros spp., Eragrostis variabilis, Euphorbia haeleeleana, Festuca 
spp., Hedyotis spp., Hibiscadelphus spp., Lysimachia spp., Melicope 
pallida, Neraudia kauaiensis, Nestegis sandwicensis, Nototrichium 
divaricatum, Panicum lineale, Poa mannii, Psychotria spp., Senna 
gaudichaudii, or Wilkesia gymnoxiphium; and
    (2) Elevations between 375 and 3,867 m (1,231 and 3,867 ft).

Family Rubiaceae: Hedyotis cookiana (awiwi)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Hedyotis cookiana on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) streambeds or steep cliffs close to water sources in relict 
Metrosideros polymorpha low mesic and low wet forest communities 
containing one or more of the following associated native plant 
species: Boehmeria grandis, Chamaesyce celastroides var. hanapepensis, 
Hibiscus kokio ssp. saintjohnianus, Machaerina angustifolia, 
Nototrichium sandwicense, Pleomele aurea, Pipturus kauaiensis, Pouteria 
sandvicensis, Psydrax odoratum, or Rauvolfia sandwicensis; and
    (2) Elevations between 120 and 553 m (392 and 1,814 ft).

Family Rubiaceae: Hedyotis st.-johnii (Na Pali beach hedyotis)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Hedyotis st.-johnii on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Crevices of north-facing, near-vertical coastal cliff faces 
within the spray zone in sparse dry coastal shrubland and containing 
one or more of the following native plant species: Artemisia australis, 
Bidens spp., Capparis sandwichiana, Chamaesyce celastroides, Eragrostis 
variabilis, Heteropogon contortus, Lipochaeta connata, Lycium 
sandwicense, Myoporum sandwicense, Nototrichium sandwicense, or 
Schiedea apokremnos; and
    (2) Elevations between 0 and 187 m (0 and 613 ft).

Family Rutaceae: Melicope haupuensis (alani)

    Kauai E, I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Melicope haupuensis on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Moist talus slopes in Metrosideros polymorpha dominated lowland 
mesic forests or Metrosideros polymorpha-Acacia koa montane mesic 
forest and containing one or more of the following associated native 
plant species: Antidesma platyphyllum var. hillebrandii, Bobea 
brevipes, Cheirodendron trigynum, Claoxylon sandwicense, Cryptocarya 
mannii, Dianella sandwicensis, Diospyros hillebrandii, Diospyros 
sandwicensis, Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis 
terminalis, Melicope anisata, M. barbigera, M. ovata, Pleomele aurea, 
Pouteria sandvicensis, Pritchardia minor, Psychotria mariniana, P. 
greenwelliae, Tetraplasandra waimeae, or Zanthoxylum dipetalum; and
    (2) Elevations between 111 and 1,142 m (364 and 3,745 ft).

Family Rutaceae: Melicope knudsenii (alani)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Melicope knudsenii on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Forested flats with brown granular soil in lowland dry to 
montane mesic forests and containing one or more of the following 
associated native plant species: Alectryon macrococcus, Antidesma 
platyphylla, Bobea brevipes, Carex meyenii, Cryptocarya mannii, 
Diospyros sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, 
Euphorbia haeleeleana, Gahnia beecheyi, Hedyotis spp., Hibiscus 
waimeae, Isodendrion laurifolium, Metrosideros polymorpha, Melicope 
spp., Myrsine lanaiensis, Nestegis sandwicensis, Panicum nephelophilum, 
Peucedanum sandwicense, Pisonia sandwicensis, Pittosporum kauaiensis, 
Pleomele aurea, Pouteria sandvicensis, Pritchardia minor, Psychotria 
hobdyi, Psydrax odoratum, Rauvolfia sandwicensis, Remya kauaiensis, 
Scaevola procera, Styphelia tameiameiae, or Xylosma hawaiiense; and
    (2) Elevations between 344 and 1,064 m (1,128 and 3,492 ft).

Family Rutaceae: Melicope pallida (alani)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Melicope pallida on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep rock faces in lowland to montane mesic to wet forests or 
shrubland and containing one or more of the following associated native 
plant species: Abutilon sandwicense, Alyxia oliviformis, Artemisia 
australis, Boehmeria grandis, Carex meyenii, Chamaesyce celastroides 
var hanapepensis, Coprosma waimeae, Coprosma kauaensis, Dodonaea 
viscosa, Dryopteris spp., Hedyotis terminalis, Lepidium serra, Melicope 
spp., Metrosideros polymorpha, Nototrichium spp., Pipturus albidus, 
Pleomele aurea, Poa mannii, Psychotria mariniana, Pritchardia minor, 
Sapindus oahuensis, Schiedea membranacea, Tetraplasandra waialealae, or 
Xylosma hawaiiense; and
    (2) Elevations between 359 and 1,081 m (1,179 and 3,546 ft).

Family Rutaceae: Zanthoxylum hawaiiense (ae)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Zanthoxylum hawaiiense on Kauai. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Lowland dry or mesic forests dominated by Metrosideros 
polymorpha or Diospyros sandwicensis, and containing one or more of the 
following associated plant species: Antidesma platyphyllum, Alectryon 
macrococcus, Charpentiera elliptica, Dodonaea viscosa, Melicope spp., 
Myrsine lanaiensis, Pisonia spp., Pleomele aurea, Streblus pendulinus, 
or Zanthoxylum dipetalum; and
    (2) Elevations between 464 and 887 m (1,522 and 2,911 ft).

Family Santalaceae: Exocarpos luteolus (heau)

    Kauai I, J, N, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Exocarpos luteolus on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet places bordering swamps or bogs; open, or dry ridges in 
lowland or montane mesic Acacia koa-Metrosideros polymorpha dominated 
forest

[[Page 4097]]

communities with Dicranopteris and containing one or more of the 
following native plant species: Acacia koa, Cheirodendron trigynum, 
Pouteria sandvicensis, 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 361 and 1,466 m (1,183 and 4,808 ft).

Family Sapindaceae: Alectryon macrococcus (mahoe)

    Kauai I, and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Alectryon macrococcus on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) dry slopes or gulches in Diospyros spp.-Metrosideros polymorpha 
lowland mesic forest, Metrosideros polymorpha mixed mesic forest, or 
Diospyros spp. mixed mesic forest, containing one or more of the 
following native plant species: Acacia koa, Alyxia oliviformis, 
Antidesma spp., Bobea timonioides, Caesalpinia kavaiensis, Canavalia 
spp., Carex meyenii, Carex wahuensis, Doodia kunthiana, Hibiscus 
waimeae, Kokia kauaiensis, Melicope knudsenii, Microlepia strigosa, 
Munroidendron racemosum, Myrsine lanaiensis, Nesoluma polynesicum, 
Nestegis sandwicensis, Pisonia spp., Pleomele spp., Pouteria 
sandvicensis, Psychotria spp., Psydrax odoratum, Pteralyxia spp., 
Rauvolfia sandwicensis, Streblus pendulinus, Tetraplasandra spp., 
Xylosma spp., or Zanthoxylum spp.; and
    (2) Elevations between 341 and 954 m (1,120 and 3,129 ft).

Family Solanaceae: Nothocestrum peltatum (aiea)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Nothocestrum peltatum on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Rich soil on steep slopes in mesic or wet forest dominated by 
Acacia koa or a mixture of Acacia koa and Metrosideros polymorpha and 
containing one or more of the following associated native plant 
species: Alphitonia ponderosa, Antidesma spp., Bobea brevipes, 
Broussaisia arguta, Cheirodendron trigynum, Claoxylon sandwicense, 
Coprosma spp., Cryptocarya mannii, Dianella sandwicensis, Dicranopteris 
linearis, Diplazium sandwichianum, Dodonaea viscosa, Elaeocarpus 
bifidus, Hedyotis terminalis, Ilex anomala, Melicope anisata, M. 
barbigera, M. haupuensis, Perrottetia sandwicensis, Pleomele aurea, 
Pouteria sandvicensis, Psychotria mariniana, P. greenwelliae, 
Tetraplasandra kauaiensis, or Xylosma spp.; and
    (2) elevations between 725 and 1,290 m (2,378 and 4,232 ft).

Family Solanaceae: Solanum sandwicense (aiakeaakua, ppolo)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Solanum sandwicense on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Forest canopies in diverse lowland or montane Acacia koa or 
Acacia koa-Metrosideros polymorpha mesic forests or occasionally in wet 
forests and containing one or more of the following associated plant 
species: Alphitonia ponderosa, Athyrium sandwicensis, Bidens spp., 
Carex meyenii, Coprosma spp., Cryptocarya mannii, Dianella 
sandwicensis, Dicranopteris linearis, Dubautia spp., Hedyotis spp., 
Ilex anomala, Melicope spp., Poa spp., Pouteria sandvicensis, 
Psychotria spp., Syzygium sandwicensis, or Xylosma hawaiiense; and
    (2) Elevations between 445 and 1,290 m (1,460 and 4,232 ft).

Family Violaceae: Isodendrion laurifolium (aupaka)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Isodendrion laurifolium 
on Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Diverse mesic forest, dominated by Metrosideros polymorpha, 
Acacia koa or Diospyros spp. and containing one or more of the 
following associated native plant species: Alphitonia ponderosa, 
Antidesma spp., Claoxylon sandwicense, Dodonaea viscosa, Dubautia spp., 
Elaeocarpus bifidus, Euphorbia haeleeleana, Hedyotis terminalis, Kokia 
kauaiensis, Melicope anisata, Melicope barbigera, Melicope ovata, 
Melicope peduncularis, Myrsine lanaiensis, Nestegis sandwicensis, 
Pisonia spp., Pittosporum glabrum, Pleomele aurea, Pouteria 
sandvicensis, Psydrax odoratum, Streblus pendulinus, or Xylosma 
hawaiiense; and
    (2) Elevations between 376 and 1,163 m (1,233 and 3,817 ft).

Family Violaceae: Isodendrion longifolium (aupaka)

    Kauai E, I, J, K, L, N, and O, identified in the legal descriptions 
in (a)(1)(i)(A), constitute critical habitat for Isodendrion 
longifolium on Kauai. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep slopes and some flats in certain undisturbed areas, 
gulches, or stream banks in mesic or wet Metrosideros polymorpha-Acacia 
koa forests and containing one or more of the following native species: 
Antidesma spp., Bidens spp., Bobea brevipes, Cheirodendron spp., 
Cibotium spp., Cyanea hardyi, Cyrtandra spp., Dicranopteris linearis, 
Diospyros spp., Eugenia spp., Hedyotis spp., Ilex anomala, Melicope 
spp., Nestegis sandwicensis, Peperomia spp., Perrottetia sandwicensis, 
Pipturus spp., Pittosporum spp., Pritchardia spp., Psychotria spp., 
Psydrax odoratum, or Syzygium spp.; and
    (2) Elevations between 38 and 1,541 m (125 and 5,057 ft).

Family Violaceae: Viola helenae (NCN)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Viola helenae on Kauai. Within this 
unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Stream drainage banks or adjacent valley bottoms in light to 
moderate shade in Metrosideros polymorpha-Dicranopteris linearis 
lowland wet forest or Metrosideros polymorpha-Cheirodendron wet forest 
and containing one or more of the following native plant species: 
Antidesma platyphyllum var. hillebrandii, Broussaisia arguta, 
Dicranopteris linearis, Diplazium sandwichianum, Dubautia spp., 
Freycinetia arborea, Hesperomannia lydgatei, Melicope spp., or 
Pritchardia spp.; and
    (2) Elevations between 522 and 1,006 m (1,712 and 3,301 ft).

Family Violaceae: Viola kauaiensis var. wahiawaensis (nani 
waialeale)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Viola kauaiensis var. wahiawaensis on 
Kauai. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:

[[Page 4098]]

    (1) Machaerina angustifolia-Rhynchospora rugosa lowland bog or 
mixed wet shrubland and adjacent Metrosideros polymorpha wet forest 
containing one or more of the following native plant species: Antidesma 
platyphyllum var. hillebrandii, Bidens forbesii, Chamaesyce remyi, 
Chamaesyce sparsiflora, Coprosma grayana, Cyanea fissa, Dicranopteris 
linearis, Diplopterygium pinnatum, Dubautia imbricata, Dubautia 
raillardioides, Gahnia vitiensis, Lobelia kauaensis, Machaerina 
angustifolia, Machaerina mariscoides, Melicope spp., Psychotria wawrae, 
Sadleria pallida, Scaevola gaudichaudii, Sphenomeris chinensis, 
Styphelia tameiameiae, Syzygium sandwicensis, Tetraplasandra oahuensis, 
or Vaccinium dentatum; and
    (2) Elevations between 394 and 1,006 (1,291 and 3,301 ft).
    (B) Ferns and allies.

Family Aspleniaceae: Diellia erecta (no common name)

    Kauai O, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Diellia erecta on Kauai. Within this 
unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Brown granular soil with leaf litter and occasional terrestrial 
moss on north facing slopes in deep shade, or on steep slopes or gulch 
bottoms in Metrosideros polymorpha-Dicranopteris linearis wet forest or 
Metrosideros polymorpha mixed mesic forest with Acacia koa and Acacia 
koaia as codominants and containing one or more of the following native 
plant species: Asplenium aethiopicum, Asplenium contiguum, Asplenium 
macraei, Coprosma spp., Dodonaea viscosa, Dryopteris fusco-atra, 
Dryopteris unidentata, Hedyotis terminalis, Melicope spp., Microlepia 
strigosa, Myrsine spp., Nestegis sandwicensis, Psychotria spp., 
Styphelia tameiameiae, Syzygium sandwicensis, and Wikstroemia spp.; and
    (2) Elevations between 655 and 1,224 m (2,149 and 4,016 ft).

Family Aspleniaceae: Diellia pallida (no common name)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Diellia pallida on Kauai. 
Within these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Bare granular soil with dry to mesophytic leaf litter with pH 
of 6.9 to 7.9. on steep, talus slopes in lowland mesic forests and 
containing one or more of the following native plant species: Acacia 
koa, Alectryon macrococcus, Alphitonia ponderosa, Alyxia oliviformis, 
Antidesma platyphyllum, Asplenium spp., Carex meyenii, Diospyros 
hillebrandii, Diospyros sandwicensis, Doodia kunthiana, Hedyotis 
knudsenii, Metrosideros polymorpha, Microlepia strigosa, Myrsine 
lanaiensis, Nestegis sandwicensis, Psychotria mariniana, Psydrax 
odoratum, Pteralyxia kauaiensis, Rauvolfia sandwicensis, Styphelia 
tameiameiae, Tetraplasandra kauaiensis, Wilkesia gymnoxiphium, or 
Zanthoxylum dipetalum; and
    (2) Elevations between 445 and 1,028 m (1,460 and 3,371 ft).

Family Aspleniaceae: Diplazium molokaiense (NCN)

    Kauai I and O, identified in the legal descriptions in 
(a)(1)(i)(A), constitute critical habitat for Diplazium molokaiense on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Brown soil with basalt outcrops near water falls in lowland or 
montane mesic Metrosideros polymorpha-Acacia koa forest; and
    (2) Elevations between 476 and 1,284 m (1,562 and 4,212 ft).

Family Aspleniaceae: Ctenitis squamigera (pauoa)

    Kauai I, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Ctenitis squamigera on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Rock faces in gulches in the understory of Metrosideros 
polymorpha-Diospyros spp. mesic forest and diverse mesic forest and 
containing one or more of the following native plant species: Myrsine 
spp., Psychotria spp., or Xylosma spp.; and
    (2) Elevations between 568 and 1,069 m (1,863 and 3,507 ft).

Family Grammitidaceae: Adenophorus periens (pendant kihi fern)

    Kauai I, J, K, L, M, N and O, identified in the legal descriptions 
in (a)(1)(i)(A), constitute critical habitat for Adenophorus periens on 
Kauai. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha trunks, in riparian banks of stream 
systems in well-developed, closed canopy that provides deep shade or 
high humidity in Metrosideros polymorpha-Cibotium glaucum lowland wet 
forests, open Metrosideros polymorpha montane wet forest, or 
Metrosideros polymorpha-Dicranopteris linearis lowland wet forest and 
containing one or more of the following native plant species: Antidesma 
platyphyllum, Athyrium sandwicensis, Broussaisia spp., Cheirodendron 
trigynum, Cyanea spp., Cyrtandra spp., Dicranopteris linearis 
Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, Machaerina 
angustifolia, Psychotria spp., Psychotria hexandra, Syzygium 
sandwicensis, or Tetraplasandra oahuensis; and
    (2) Elevations between 107 and 1,594 m (351 and 5,228 ft).

Family Lycopodiaceae: Phlegmariurus nutans (wawaeiole)

    Kauai N, identified in the legal description in (a)(1)(i)(A), 
constitutes critical habitat for Phlegmariurus nutans on Kauai. Within 
this unit, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Tree trunks, usually on open ridges and slopes in Metrosideros 
polymorpha/Dicranopteris linearis wet forests and occasionally mesic 
forests and containing one or more of the following associated native 
plant species: Antidesma platyphyllum, Broussaisia arguta, Cibotium 
chamissoi, Cheirodendron fauriei, Diploterygiun pinnatum, Hedyotis 
terminalis, Hibiscus kokio ssp. kokio, Melicope waialealae, Scaevola 
gaudichaudii, Syzygium sandwicensis, Perrottetia sandwicensis, 
Psychotria hexandra, P. mariniana, or P. wawrae; and
    (2) Elevations between 601 and 1,594 m (1,971 and 5,228 ft).

    Dated: January 7, 2002.
Joseph E. Doddridge,
Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 02-687 Filed 1-25-02; 8:45 am]
BILLING CODE 4310-55-P