[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Proposed Rules]
[Pages 15856-15987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6915]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

  Federal Register / Vol. 67, No. 64 / Wednesday, April 3, 2002 / 
Proposed Rules  

[[Page 15856]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH70


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

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
critical habitat for 61 of the 70 species known historically from the 
islands of Maui and Kahoolawe that are listed under the Endangered 
Species Act of 1973, as amended.
    We propose critical habitat designations for 61 species within 13 
critical habitat units totaling approximately 51,208 hectares (ha) 
(126,531 acres (ac)) on the island of Maui, and within 2 critical 
habitat units totaling approximately 714 ha (1,763 ac) on the island of 
Kahoolawe.
    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 this rule, including 
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 June 3, 2002. Public hearing 
requests must be received by May 20, 2002.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by writing to the Field Supervisor, 
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 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.

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 70 plant species that, at the time of listing, were reported 
from the islands of Maui and Kahoolawe (Table 1). Seventeen of these 
species are endemic to the islands of Maui and/or Kahoolawe, while 53 
species are reported from one or more other islands, as well as Maui 
and/or Kahoolawe.
    We originally determined that designation of critical habitat was 
prudent for 37 plants from the islands of Maui and Kahoolawe on 
December 18, 2000 (65 FR 7919). In a previous proposal, published on 
November 7, 2000 (65 FR 66808), we determined that designation of 
critical habitat was prudent for 11 plants that are reported from Maui 
and Kahoolawe as well as from Kauai and Niihau. In addition, at the 
time we listed Clermontia samuelii, Cyanea copelandii ssp. 
haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, 
Dubautia plantaginea ssp. humilis, and Kanaloa kahoolawensis, on 
September 3, 1999 (64 FR 48307), we determined that designation of 
critical habitat was prudent for these six taxa from Maui and 
Kahoolawe. No change is made to these 54 prudency determinations in 
this revised proposal, and they are hereby incorporated by reference 
(64 FR 48307; 65 FR 66808; 65 FR 79192).
    In the December 18, 2000 proposed rule, we determined that critical 
habitat was not prudent for Acaena exigua, a species known only from 
Kauai and Maui, because it had not been seen recently in the wild, and 
no viable genetic material of this species was known to exist. No 
change is made here to the December 18, 2000, prudency determination 
for this species and it is hereby incorporated by reference (65 FR 
79192).

                 Table 1.--Summary of Island Distribution of 70 species From Maui and Kahoolawe
----------------------------------------------------------------------------------------------------------------
                                                              Island distribution
                              ----------------------------------------------------------------------------------
    Species (common name)                                                                           NW Isles,
                                 Kauai       Oahu     Molokai     Lanai       Maui      Hawaii      kahoolawe
                                                                                                      Niihau
----------------------------------------------------------------------------------------------------------------
Acaena exigua (liliwai)......         H   .........  .........  .........         H
Adenophorus periens..........          C          C          C         R          H           C
Alectryon macrococcus (mahoe)          C          C          C  .........          C
Argyroxiphium sandwicense      .........  .........  .........  .........          C
 ssp. macrocephalum
 (ahinahina).
Asplenium fragile var.         .........  .........  .........  .........          C          C
 insulare (NCN*).
Bidens micrantha ssp.          .........  .........  .........         H           C
 kalealaha (kookoolau).
Bonamia menziesii (NCN)......          C          C         H           C          C          C
Brighamia rockii (pua ala)...  .........  .........          C         H          H
Cenchrus agrimonioides         .........          C  .........         H           C         R   NW Isles (H).
 (kamanomano).
Centaurium sebaeoides (awiwi)          C          C          C          C          C
Clermontia lindseyana (oha     .........  .........  .........  .........          C          C
 wai).
Clermontia oblongifolia ssp.   .........  .........  .........          C          C
 mauiensis (oha wai).
Clermontia peleana (oha wai).  .........  .........  .........  .........         H           C
Clermontia samuelii (oha wai)  .........  .........  .........  .........          C
Colubrina oppositifolia        .........          C  .........  .........          C          C
 (kauila).
Ctenitis squamigera (pauoa)..         H           C          C          C          C         H
Cyanea copelandii ssp.         .........  .........  .........  .........          C
 haleakalaensis (haha).

[[Page 15857]]

 
Cyanea glabra (haha).........  .........  .........  .........  .........          C
Cyanea grimesiana ssp.         .........          C          C          C          C
 grimesiana (haha).
Cyanea hamatiflora ssp.        .........  .........  .........  .........          C
 hamatiflora (haha).
Cyanea lobata (haha).........  .........  .........  .........         H           C
Cyanea mceldowneyi (haha)....  .........  .........  .........  .........          C
Cyrtandra munroi (haiwale)...  .........  .........  .........          C          C
Delissea undulata (NCN)......          C  .........  .........  .........         H           C  Ni (H).
Diellia erecta (Asplenium-            H          H           C         H           C          C
 leaved diellia).
Diplazium molokaiense (NCN)..         H          H          H          H           C
Dubautia plantaginea ssp.      .........  .........  .........  .........          C
 humilis (naenae).
Flueggea neowawraea                    C          C         H   .........          C          C
 (mehamehame).
Geranium arboreum (nohoanu)..  .........  .........  .........  .........          C
Geranium multiflorum           .........  .........  .........  .........          C
 (nohoanu).
Gouania vitifolia (NCN)......  .........          C  .........  .........         H           C
Hedyotis coriacea (kioele)...  .........         H   .........  .........          C          C
Hedyotis mannii (pilo).......  .........  .........          C          C          C
Hesperomannia arborescens      .........          C          C         H           C
 (NCN).
Hesperomannia arbuscula (NCN)  .........          C  .........  .........          C
Hibiscus brackenridgei (mao           H           C         H           C          C          C  Ka (R).
 hau hele).
Ischaemum byrone (Hilo                 C         H           C  .........          C          C
 ischaemum).
Isodendrion pyrifolium         .........         H          H          H          H           C  Ni (H).
 (wahine noho kula).
Kanaloa kahoolawensis (kohe    .........  .........  .........  .........  .........  .........  Ka (C).
 malama malama o Kanaloa).
Lipochaeta kamolensis (nehe).  .........  .........  .........  .........          C
Lysimachia lydgatei (NCN)....  .........         H   .........  .........          C
Mariscus pennatiformis (NCN).         H          H   .........  .........          C         H   NW Isles (C).
Melicope adscendens (alani)..  .........  .........  .........  .........          C
Melicope balloui (alani).....  .........  .........  .........  .........          C
Melicope knudsenii (alani)...          C  .........  .........  .........          C
Melicope mucronulata (alani).  .........  .........          C  .........          C
Melicope ovalis (alani)......  .........  .........  .........  .........          C
Neraudia sericea (NCN).......  .........  .........          C         H           C  .........  Ka (H).
Nototrichium humile (kului)..  .........          C  .........  .........         H
Peucedanum sandwicense                 C          C          C  .........          C
 (makou).
Phlegmariurus mannii                  H   .........  .........  .........          C          C
 (wawaeiole).
Phyllostegia mannii (NCN)....  .........  .........          C  .........         H
Phyllostegia mollis (NCN)....  .........          C         H   .........          C
Phyllostegia parviflora (NCN)  .........          C  .........  .........         H          H
Plantago princeps (Laukahi             C          C          C  .........          C         H
 kuahiwi).
Platanthera holochila (NCN)..          C         H           C  .........          C
Pteris lidgatei (NCN)........  .........          C         H   .........          C
Remya mauiensis (NCN)........  .........  .........  .........  .........          C
Sanicula purpurea (NCN)......  .........          C  .........  .........          C
Schiedea haleakalensis (NCN).  .........  .........  .........  .........          C
Schiedea hookeri (NCN).......  .........          C  .........  .........         H
Schiedea nuttallii (NCN).....          C          C          C  .........         R
Sesbania tomentosa (ohai)....          C          C          C         H           C          C  Ni (H), Ka (C),
                                                                                                  NW Isles (C).
Solanum incompletum (popolo           H   .........         H          H          H           C
 ku mai).
Spermolepis hawaiiensis (NCN)          C          C          C          C          C          C
Tetramolopium arenarium (NCN)  .........  .........  .........  .........         H           C
Tetramolopium capillare        .........  .........  .........  .........          C
 (pamakani).
Tetramolopium remyi (NCN)....  .........  .........  .........          C         H
Vigna o-wahuensis (NCN)......  .........         H           C          C          C          C  Ni (H), Ka (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
* NCN--no common name

    In the December 18, 2000, proposal we proposed designation of 
critical habitat for 50 plants from the islands of Maui and Kahoolawe. 
These species are: Alectryon macrococcus, Bidens micrantha ssp. 
kalealaha, Bonamia menziesii, Cenchrus agrimonioides, Centaurium 
sebaeoides, Clermontia lindseyana, Clermontia oblongifolia ssp. 
mauiensis, Clermontia samuelii, Colubrina oppositifolia, Ctenitis 
squamigera, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, 
Cyanea grimesiana ssp. grimesiana, Cyanea hamatiflora ssp. hamatiflora, 
Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, Diellia erecta, 
Diplazium molokaiense, Dubautia plantaginea ssp.

[[Page 15858]]

humilis, Flueggea neowawraea, Geranium arboreum, Geranium multiflorum, 
Hedyotis coriacea, Hedyotis mannii, Hesperomannia arborescens, 
Hesperomannia arbuscula, Hibiscus brackenridgei, Ischaemum byrone, 
Kanaloa kahoolawensis, Lipochaeta kamolensis, Lysimachia lydgatei, 
Mariscus pennatiformis, Melicope adscendens, Melicope knudsenii, 
Melicope mucronulata, Neraudia sericea, Peucedanum sandwicense, 
Phlegmariurus mannii, Phyllostegia mollis, Plantago princeps, 
Platanthera holochila, Pteris lidgatei, Remya mauiensis, Sanicula 
purpurea, Sesbania tomentosa, Spermolepis hawaiiensis, Tetramolopium 
capillare, Vigna o-wahuensis, and Zanthoxylum hawaiiense. In this 
proposal we have revised the proposed designations for the 50 plants 
based on new information received during the comment periods. In 
addition, we incorporate new information, and address comments and new 
information received during the comment periods on the December 18, 
2000, proposal.
    In the December 18, 2000, we did not propose critical habitat for 
four species (Argyroxiphium sandwicense ssp. macrocephalum, Melicope 
balloui, Melicope ovalis, and Schiedea haleakalensis) found only in 
Waikamoi Preserve and Haleakala National Park, on Maui. We determined 
that these lands did not meet the definition of critical habitat in the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.). Due to new information received during the comment periods 
regarding management considerations or protection at Haleakala National 
Park, we have reconsidered our earlier finding regarding Haleakala 
National Park lands and propose designation of critical habitat for 
Argyroxiphium sandwicense ssp. macrocephalum, Melicope balloui, 
Melicope ovalis, and Schiedea haleakalensis within Haleakala National 
Park.
    In the December 18, 2000, proposal we did not propose designation 
of critical habitat for 14 species that no longer occur on Maui and 
Kahoolawe but are reported from one or more other islands. We 
determined that critical habitat was prudent for eight of these species 
(Adenophorus periens, Brighamia rockii, Delissea undulata, Isodendrion 
pyrifolium, Phyllostegia mannii, Schiedea nuttallii, Solanum 
incompletum, and Tetramolopium remyi) in other proposed rules published 
on November 7, 2000 (Kauai), December 27, 2000 (Lanai), December 29, 
2000 (Molokai), and January 28, 2002 (Kauai revised proposal). No 
change is made to these prudency determinations for these eight species 
in this proposal, and they are hereby incorporated by reference (65 FR 
66808; 65 FR 82086; 65 FR 83158; and 67 FR 3940). In this proposal, we 
propose designation of critical habitat for Brighamia rockii, 
Isodendrion pyrifolium, Phyllostegia mannii, and Tetramolopium remyi on 
the island of Maui, based on new information and information received 
during the comment periods on the December 18, 2000, proposal. Critical 
habitat is not proposed for Adenophorus periens, Delissea undulata, 
Schiedea nuttallii, and Solanum incompletum on the islands of Maui and 
Kahoolawe because we have not identified habitat essential to their 
conservation on these islands.
    In this proposal, we determine that critical habitat is prudent for 
six other species (Clermontia peleana, Gouania vitifolia, Nototrichium 
humile, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium) for which prudency determinations have not been made 
previously, and that no longer occur on Maui but are reported from one 
or more other islands. These six plants were listed as endangered 
species under the Act between 1994 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 
designation of critical habitat is prudent for these six species 
because we believe that such designation would be beneficial to these 
species. Critical habitat is proposed at this time for Gouania 
vitifolia and Nototrichium humile on Maui based on new information and 
information received during the comment periods on the December 18, 
2000, proposal. Critical habitat is not proposed for Clermontia 
peleana, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium on the island of Maui because we have not identified habitat 
essential to their conservation on this island.
    In this proposal, we determine that critical habitat is prudent for 
Asplenium fragile var. insulare, a species recently rediscovered on 
Maui and for which a prudency determination has not been made 
previously. Critical habitat is proposed at this time for Asplenium 
fragile var. insulare on Maui based on new information and information 
received during the comment periods on the December 18, 2000, proposal.
    Critical habitat for 61 of the 70 species from the islands of Maui 
and Kahoolawe is proposed at this time. Critical habitat is not 
proposed for 8 of the 70 species (Adenophorus periens, Clermontia 
peleana, Delissea undulata, Phyllostegia parviflora, Schiedea hookeri, 
Schiedea nuttallii, Solanum incompletum, and Tetramolopium arenarium) 
that no longer occur on the islands of Maui or Kahoolawe, and for which 
we have not identified habitat essential to their conservation on the 
islands of Maui or Kahoolawe. However, proposed critical habitat 
designations, or nondesignations, for these species will be included in 
other future Hawaiian plants proposed critical habitat rules (see Table 
2).

 Table 2.--List of Proposed Rules in Which Critical Habitat Designations
   or Nondesignations Will Be Made for Eight Species for Which We Are
 Unable To Determine Habitat That Is Essential for Their Conservation on
                   the Islands of Maui and Kahoolawe.
------------------------------------------------------------------------
                                               Proposed rules in which
                  Species                         critical habitat
                                              designations will be made
------------------------------------------------------------------------
Adenophorus periens.......................  Kauai; Molokai; Hawaii;
                                             Oahu.
Clermontia peleana........................  Hawaii.
Delissea undulata.........................  Hawaii.
Phyllostegia parviflora...................  Oahu.
Schiedea hookeri..........................  Oahu.
Schiedea nuttallii........................  Kauai; Oahu; Molokai.
Solanum incompletum.......................  Hawaii.
Tetramolopium arenarium...................  Hawaii.
------------------------------------------------------------------------

    Critical habitat is not proposed for Acaena exigua for which we 
determined, on December 18, 2000, that critical habitat designation is 
not prudent because it has not been seen recently in the wild, and no 
viable genetic material of this species is known to exist. No change is 
made to this prudency determination here, and it is hereby incorporated 
by reference (65 FR 79192).

The Islands of Maui and Kahoolawe

    Maui, the second largest island in Hawaii at 1,888 square 
kilometers (km2) (729 square miles (mi2)) in 
area, was formed from the remnants of two large shield volcanoes, the 
older west Maui volcano (1.3 million years) on the west and the larger, 
but much younger, Haleakala volcano on the east. Stream erosion has cut 
deep valleys and ridges into the originally shield-shaped West Maui 
volcano. The highest point on West Maui is Puu Kukui at 1,764 meters 
(m) (5,787 feet (ft)) elevation, which has

[[Page 15859]]

an average rainfall of 1,020 centimeters (cm) (400 inches (in)) per 
year, making it the second wettest spot in Hawaii (Department of 
Geography 1998). Having erupted just 200 years ago, East Maui's 
Haleakala crater, reaching 3,055 m (10,023 ft) in elevation, has 
retained its classic shield shape and lacks the diverse vegetation 
typical of the older and more eroded West Maui mountain. Rainfall on 
the slopes of Haleakala is about 89 cm (35 in) per year, with its 
windward (northeastern) slope receiving the most precipitation. 
However, Haleakala's crater is a dry cinder desert because it is above 
the level at which precipitation develops, and is sheltered from 
moisture-laden winds (Gagne and Cuddihy 1999).
    The island of Kahoolawe measures about 17.7 kilometers (km) (11 
miles (mi)) long by 11.3 km (7 mi) wide, comprising some 11,655 ha 
(28,800 ac). Located in the lee of Haleakala, the island lies 
approximately 11 km (6.7 mi) from East Maui. The highest point is the 
rim of an extinct volcano at 450 m (1,477 ft) above sea level. The 
estimated annual precipitation is approximately 500 millimeters (mm) 
(20 in), with most of it falling from November through March. In 
addition to the low precipitation, Kahoolawe is the windiest of the 
Hawaiian Islands (Gon et al. 1992).

Discussion of Plant Taxa

Species Endemic to Maui and/or Kahoolawe

Argyroxiphium sandwicense ssp. macrocephalum (ahinahina)

    Argyroxiphium sandwicense ssp. macrocephalum, a long-lived 
perennial and a member of the aster family (Asteraceae), is called the 
Haleakala silversword. It is a distinctive, globe-shaped rosette plant 
with a dense covering of silver hairs. This subspecies is distinguished 
from Argyroxiphium sandwicense ssp. sandwicense by the shape and ratio 
of the dimensions of the inflorescence (flowering part of plant), the 
number of ray florets per head, and the combination of its longer, 
three-angled leaves; its silvery leaf hairs, which completely hide the 
leaf surface; and its longer achenes (Carr 1985, 1999a).
    This monocarpic (flowers only once, at the end of its lifetime) 
plant matures from seed to its final stage in approximately 15-50 
years. The plant remains a compact rosette until it sends up an erect, 
central flowering stalk, sets seed, and dies. Flowering occurs from 
June to September, with annual numbers of flowering plants varying 
dramatically from year to year. Reliable counts of flowering plants 
were made in 1935 (217 flowered) and in 1941 (815 flowered). Numbers 
recorded flowering in recent years have ranged from zero in 1970 to 
6,632 in 1991. The environmental stimulus for synchronous flowering is 
as yet unknown. An apparent relationship of the 1991 mass flowering 
event to stratospheric alteration by the eruption of Pinatubo Volcano 
in the Philippines has been considered. Investigations are underway by 
R. Pharis of the University of Calgary and L.L. Loope to explore 
whether enhanced flowering is related to increased UV-B radiation due 
to temporary reduction of stratospheric ozone. Flying insects, 
especially native bees, moths, flies, bugs, and wasps, many of which 
are pollinators, are attracted in large numbers to the giant, aromatic 
inflorescences. It has been demonstrated that Argyroxiphium sandwicense 
ssp. macrocephalum cannot fertilize itself and is reliant on insect 
pollinators for reproduction. Rarely, hybrids between A. sandwicense 
ssp. macrocephalum and Dubautia menziesii (naenae) have been observed. 
Primarily found within Haleakala Crater, especially on Puu o Pele and 
Puu o Maui cinder cones, these hybrid individuals flower for several 
years before dying (Loope and Crivellone 1986; Loope and Medeiros, in 
press; Service 1997; Carr 1985; 57 FR 20772).
    Currently, Argyroxiphium sandwicense ssp. macrocephalum occupies 
all of its historic range, a 1,000 ha (2,500 ac) area at 2,100-3,000 m 
(6,890-9,840 ft) elevation in the crater and outer slopes of Haleakala 
Volcano, within Haleakala National Park, and The Nature Conservancy of 
Hawaii's (TNCH) Waikamoi Preserve. There are a total of four 
populations on Federal and privately owned land, with a total of 39,025 
to 44,025 individual plants (Loope and Crivellone 1986; TNC 1998; 
Geographic Decision Systems International (GDSI) 2001; Hawaii Natural 
Heritage Program (HINHP) Database 2001; Service 1997; 57 FR 20772).
    The habitat of this species consists primarily of lava flows and 
otherwise barren, unstable slopes of recent (less than several thousand 
years old) volcanic cinder cones and in Deschampsia nubigena (hair 
grass) grasslands at elevations between 1,511 and 3,053 m (4,957 and 
10,016 ft). Mean annual precipitation is approximately 75 to 250 cm 
(29.6 to 98.4 in). The substrate has almost no soil development and is 
subject to frequent formation of ice at night and extreme heating 
during cloudless days. This species is found in alpine dry shrubland 
with native species, including Agrostis sandwicensis (bent grass), 
Dubautia menziesii, Silene struthioloides (catchfly), Styphelia 
tameiameiae (pukiawe), Tetramolopium humile (pamakani), or Trisetum 
glomeratum (pili uka) (Robert Hobdy, Hawaii Division of Forestry and 
Wildlife (DOFAW), et al., pers. comm., 2001; Service 1997; 57 FR 
20772).
    The threats to this species are loss of pollinators due to the 
Argentine ant (Iridomyrmex humilis) and alien yellow jackets (Vespula 
pennsylvanica); native seed-eating and herbivorous insects such as the 
tephritid fly (Trupanea cratericola); limited natural range which makes 
it vulnerable to extinction due to catastrophic events, such as a 
natural disaster; competition from the alien plant species Verbascum 
thapsus (mullein); and human impacts (trampling and site degradation). 
Although goats (Capra hircus) and cattle (Bos taurus) have been removed 
from the park, they remain a potential threat (Service 1997; 57 FR 
20772).

Clermontia samuelii (oha wai)

    Clermontia samuelii, a short-lived perennial in the bellflower 
family (Campanulaceae), is a terrestrial shrub with elliptical leaves 
which are sometimes broader at the tips. Clermontia samuelii ssp. 
hanaensis is differentiated from C. samuelii ssp. samuelii by the 
greenish white to white flowers; longer, narrower leaves with the 
broadest point near the base of the leaves; and fewer hairs on the 
lower surface of the leaves. This species is separated from other 
members of this endemic Hawaiian genus by the size of the flowers and 
the hypanthium (Lammers 1999; Service 2001).
    Little is known about the life history of Clermontia samuelii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 2001; 64 FR 48307).
    Historically, Clermontia samuelii has been reported from Haleakala 
and from Keanae Valley on the windward side to Manawainui on the more 
leeward (southeastern) side of Haleakala. Currently, Clermontia 
samuelii is known from Papanalahoa Point, Kuhiwa Valley, the ridge 
north of Palike Stream, Kawaipapa Gulch, and Mokulehua Gulch. There is 
a total of four populations with 309 individual plants on State and 
Federal lands within Haleakala National Park, Hanawi Natural Area 
Reserve (NAR), the Hana Forest Reserve, and within the East Maui 
Watershed Partnership (Medeiros and Loope 1989; Warshauer 1998; 64 FR

[[Page 15860]]

48307; GDSI 2001; HINHP Database 2001; Robert Hobdy, DOFAW, in litt. 
2000; Ken Wood, National Tropical Botanical Garden (NTBG) in litt. 
2000; Service 2001).
    Clermontia samuelii is found at elevations between 723 and 2,244 m 
(2,372 and 7,362 ft). Clermontia samuelii ssp. hanaensis is found in 
wet Metrosideros polymorpha (ohia) and Metrosideros polymorpha-
Dicranopteris linearis (uluhe) forest containing one or more of the 
following associated native plant species: Adenophorus tamariscinus 
(pendant fern), Broussaisia arguta (kanawao), Carex alligata (NCN), 
Cheirodendron trigynum (olapa), Cibotium spp. (hapuu), Diplazium 
sandwichianum (hoio), Dubautia spp. (naenae), Hedyotis hillebrandii 
(manono), Hedyotis terminalis (manono), Melicope clusiifolia (kolokolo 
mokihana), Melicope spp. (alani), Peperomia obovatilimba (ala ala wai 
nui), Psychotria mariniana (kopiko), Tetraplasandra oahuensis (ohe 
ohe), or Vaccinium spp. (ohelo). Clermontia samuelii ssp. samuelii is 
found in wet Metrosideros polymorpha and M. polymorpha-Cheirodendron 
trigynum forest and containing one or more of the following native 
plant species: Hedyotis hillebrandii, Hedyotis spp. (NCN), Cibotium 
spp., Broussaisia arguta, Dubautia spp., Diplazium sandwichianum, Rubus 
hawaiiensis (akala), Clermontia arborescens ssp. waihiae (oha wai), 
Clermontia spp. (oha wai), Vaccinium spp., Carex alligata, or Melicope 
spp. (Service 2001; K. Wood, in litt. 2000; HINHP Database 2001; 64 FR 
48307; R. Hobdy et al., pers. comm., 2001).
    Threats to Clermontia samuelii ssp. hanaensis include habitat 
degradation and destruction by feral pigs (Sus scrofa) and competition 
with alien plant species such as Tibouchina herbacea (glorybush), 
Paspalum urvillei (vasey grass), Paspalum conjugatum (Hilo grass), 
Juncus spp. (NCN), Hedychium coronarium (white ginger), or Hedychium 
gardnerianum (Kahili ginger). In addition, two extremely invasive alien 
plant species, Miconia calvescens (velvet tree) and Clidemia hirta 
(Koster's curse), are found in nearby areas and may invade this habitat 
if not controlled. The habitat of C. samuelii ssp. samuelii was 
extensively damaged by pigs in the past, and pigs are still a major 
threat to the populations on State owned lands. The population within 
the National Park has been fenced and pigs have been eradicated. 
However, due to the large populations of pigs in adjacent areas, the 
park populations must constantly be monitored to prevent further 
ingress. Competition with alien plant species such as Holcus lanatus 
(velvet grass) and Juncus planifolius (NCN) is a major threat to this 
subspecies. In addition, rats (mainly black rats (Rattus rattus)) and 
slugs (mainly Milax gagetes) are known to eat leaves, stems, and fruits 
of other members of this genus, and therefore are a potential threat to 
both subspecies (Service 2001; 64 FR 48307; K. Wood in litt. 2000).

Cyanea copelandii ssp. haleakalaensis (haha)

    Cyanea copelandii ssp. haleakalaensis, a short-lived perennial 
member of the bellflower family (Campanulaceae), is a vine-like shrub 
with sprawling stems and tan latex (sap). This subspecies is 
differentiated from the other subspecies by its shorter elliptical 
leaves. The species differs from others in this endemic Hawaiian genus 
by the vine-like stems and the yellowish flowers that appear red due to 
the covering of hairs (Service 2001; Lammers 1999).
    Little is known about the life history of Cyanea copelandii ssp. 
haleakalaensis. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 2001; 64 FR 48307).
    Historically, Cyanea copelandii ssp. haleakalaensis was reported 
from the windward side of Haleakala and from Waikamoi to Kipahulu 
Valley. Currently, this taxon is known from three populations with a 
total of 204 individuals on Federal, State, and privately owned land 
within the East Maui Watershed Partnership in Haiku Uka, the ridge 
above Kuhiwa Valley, and Kipahulu Valley within Haleakala National Park 
and Hanawi NAR (Lammers 1999; Service 2001; 64 FR 48307; Warshauer 
1998; HINHP Database 2001; GDSI 2001).
    Cyanea copelandii ssp. haleakalaensis is found on stream banks or 
wet scree (a sloping mass of rocks at the base of a cliff) slopes or 
forest understory in montane wet or mesic forests dominated by Acacia 
koa (koa) and Metrosideros polymorpha at elevations between 616 and 
1,411 m (2,021 and 4,630 ft). Associated species include Broussaisia 
arguta, Cibotium spp., Hedyotis acuminata (au), Perrottetia 
sandwicensis (olomea), and Psychotria hawaiiensis (kopiko ula) (Service 
2001; 64 FR 48307; HINHP Database 2001; R. Hobdy et al., pers. comm., 
2001).
    The major threats to this species are habitat degradation and 
destruction by feral pigs; competition with several alien plant 
species; rats; slugs; human activities; and potential extinction due to 
random environmental events due to small population sizes (Service 
2001; 64 FR 48307).

Cyanea glabra (haha)

    Cyanea glabra, a member of the bellflower family (Campanulaceae), 
is a short-lived, perennial shrub, with the leaves of juvenile plants 
deeply pinnately lobed, while those of the adult plants are more or 
less entire and elliptical. This species is differentiated from others 
in this endemic Hawaiian genus by the size of the flower and the 
pinnately-lobed juvenile leaves (Service 2001; Lammers 1999).
    Little is known about the life history of Cyanea glabra. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
2001; 64 FR 48307).
    Historically, Cyanea glabra has been reported from West Maui and on 
Haleakala, East Maui. Currently, this species is known from a single 
population of 12 individual plants on privately owned land in Kauaula 
Valley (64 FR 48307; GDSI 2001; HINHP Database 2001).
    Cyanea glabra is found on soil and rock stream banks in wet lowland 
forests dominated by Acacia koa and Metrosideros polymorpha, at 
elevations between 413 and 1,572 m (1,355 and 5,156 ft). Associated 
native plants include Xylosma hawaiiense (maua), Dodonaea viscosa 
(aalii), Psychotria spp. (kopiko), Pipturus albidus (mamaki), 
Touchardia latifolia (olona), Boehmeria grandis (akolea), Clermontia 
kakeana (ohai wai), Cyanea elliptica (haha), Perrottetia sandwicensis, 
Coprosma spp. (pilo), Cibotium spp., Dubautia plantaginea (naenae), 
Cheirodendron trigynum, Thelypteris cyatheoides (palapalaia), Diplazium 
spp. (NCN), and Sadleria spp. (amau) (HINHP Database 2001; Joel Lau, 
Hawaii Natural Heritage Program, pers. comm., 2001; Service 2001; 64 FR 
48307; R. Hobdy et al., pers. comm., 2001).
    The threats to this species are slugs; habitat degradation and 
destruction by feral pigs; flooding; competition with several alien 
plant species; rats; the two-spotted leafhopper (Saphonia rufofascia); 
and extinction caused by random environmental events due to the small 
number individuals in the only remaining population (Service 2001; 64 
FR 48307).

[[Page 15861]]

Cyanea hamatiflora ssp. hamatiflora (haha)

    Cyanea hamatiflora ssp. hamatiflora, a short-lived perennial and 
member of the bellflower family (Campanulaceae), is a palm-like tree 
with tan colored latex. This subspecies is differentiated from the 
other listed subspecies (C. hamatiflora ssp. carlsonii) by its longer 
calyx lobes and shorter individual flower stalks. This species is 
separated from others in this endemic Hawaiian genus by fewer flowers 
per inflorescence and narrower leaves (Service 2001; Lammers 1999).
    Little is known about the life history of Cyanea hamatiflora ssp. 
hamatiflora. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 2001; 64 FR 48307).
    Historically, Cyanea hamatiflora ssp. hamatiflora was known from 
the windward side of Haleakala, stretching from Puu o Kakae to 
Manawainui. Currently, this taxon is known from seven populations with 
a total of 12 individuals within the East Maui Watershed Partnership in 
Honomanu, Wailuaiki, Kipahulu Valley, Koukouai, and Puu Ahulili on 
State (Koolau and Kipahulu Forest Reserves), Federal (Haleakala 
National Park), and privately owned lands (Service 2001; Warshauer 
1998; GDSI 2001; HINHP Database 2001; 64 FR 48307).
    Typical habitat for this taxon is montane wet forest dominated by 
Metrosideros polymorpha, with a Cibotium spp. and/or native shrub 
understory or closed Acacia koa-M. polymorpha wet forest containing one 
or more of the following associated native plant species: Dicranopteris 
linearis, Cheirodendron trigynum, Broussaisia arguta, Cyanea 
aculeatiflora (haha), Cyanea kunthiana (haha), Vaccinium spp., Melicope 
spp., Athyrium microphyllum (akolea), Diplazium sandwichianum, and 
Myrsine spp. (kolea) at elevations between 767 and 1,553 m (2,515 and 
5,095 ft) (Service 2001; 64 FR 48307; HINHP Database 2001; R. Hobdy et 
al., pers. comm., 2001).
    The threats to this species are habitat degradation and destruction 
by feral pigs; landslides; competition with the alien plant Ageratina 
adenophora (Maui pamakani); rats; and slugs (Service 2001; 64 FR 
48307).

Cyanea mceldowneyi (haha)

    Cyanea mceldowneyi, a member of the bellflower family 
(Campanulaceae), is a short-lived, unbranched perennial shrub with 
rough to prickly stems. This species is distinguished from other 
species of Cyanea by the combination of a densely armed trunk; long (40 
mm (1.6 in)), white-colored corollas; and leaf blade size and shape 
(Service 2001; Lammers 1999).
    Little is known about the life history of Cyanea mceldowneyi. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (57 FR 20772; Service 1997).
    Historically, Cyanea mceldowneyi was known from rainforest west of 
Waikamoi to Honomanu on northwestern Haleakala. Currently, this species 
is known from six populations with a total of 36 individuals on State 
(Makawao Forest Reserve and Hanawi NAR) and privately owned lands 
within the East Maui Watershed Partnership at Kahakapao Gulch, Opana 
Gulch, Waikamoi, Puohokamoa, Makapipi, and the flats above Kuhiwa 
Valley (Lammers 1999; Warshauer 1998; GDSI 2001; HINHP Database 2001; 
Service 1997; 57 FR 20772).
    The habitat of this species is montane wet and mesic forest with 
mixed Metrosideros polymorpha-Acacia koa containing one or more of the 
following associated native plant species: Melicope clusiifolia, 
Hedyotis spp., Clermontia arborescens, Diplazium sandwichianum, 
Broussaisia arguta, Cibotium spp., Cyrtandra spp. (haiwale), 
Dicranopteris linearis, or Cheirodendron trigynum at elevations between 
779 and 1,357 m (2,555 and 4,453 ft) (Service 1997; 57 FR 20772; R. 
Hobdy et al., pers. comm., 2001).
    The threats to this species are habitat degradation and physical 
destruction by feral pigs; small number of populations and individuals; 
human activities; and competition with alien plant species, especially 
Setaria palmifolia (palmgrass) (Service 1997; 57 FR 20772).

Dubautia plantaginea ssp. humilis (naenae)

    Dubautia plantaginea ssp. humilis, a short-lived perennial of the 
aster family (Asteraceae), is a dwarf shrub less than 80 cm (30 in) 
tall with hairless or strigillose (bulbous-based hairs, all pointing in 
the same direction) stems. This species differs from other Hawaiian 
members of the genus by the number of nerves in the leaves and by the 
close resemblance of the leaves to the genus Plantago. The subspecies 
humilis differs from the other two subspecies (D. plantaginea ssp. 
magnifolia and Dubautia plantaginea ssp. plantaginea) by having fewer 
heads per inflorescence, but more florets per head (Service 2001; Carr 
1985; Carr 1999b).
    Little is known about the life history of Dubautia plantaginea ssp. 
humilis. Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 2001; 64 FR 48307).
    Dubautia plantaginea ssp. humilis has only been reported from Iao 
Valley, on West Maui. This population with 60 to 65 individuals occurs 
on privately owned land (GDSI 2001; HINHP Database 2001; Service 2001; 
64 FR 48307).
    The typical habitat of the species is wet, barren, steep, rocky, 
wind-blown cliffs containing one or more of the following associated 
native plant species: Metrosideros polymorpha, Pipturus albidus, 
Eragrostis variabilis (kawelu), Carex spp. (NCN), Hedyotis formosa 
(NCN), Lysimachia remyi (kolokolo kuahiwi), Bidens spp. (kookoolau), 
Pritchardia spp. (loulu), or Plantago princeps (laukahi kuahiwi) and 
elevations between 266 and 1,593 m (873 and 5,226 ft) (Service 2001; 64 
FR 48307; HINHP Database 2001; R. Hobdy et al., pers. comm., 2001).
    Threats to Dubautia plantaginea ssp. humilis include landslides and 
competition from alien plant species. Random environmental events, such 
as landslides, are a threat because of the limited number of 
individuals and populations and their narrow distribution (Service 
2001; 64 FR 48307).

Geranium arboreum (nohoanu)

    Geranium arboreum, a long-lived perennial and a member of the 
geranium family (Geraniaceae), is a many branched, spreading, woody 
shrub about 1.8 to 3.7 m (6 to 12 ft) tall. This species can be 
distinguished from other Geranium species by its red petals with the 
upper three petals erect and the lower two reflexed, causing the flower 
to appear curved (Wagner et al. 1999).
    Geranium arboreum is the only species in its genus that appears to 
be adapted to bird-pollination. Native honeycreepers appear to be a 
major pollination vector. Geranium arboreum from the southwest area of 
Haleakala in the Kula Forest Reserve produce seeds that are larger and 
fuller than seeds from the northwest extension of its distribution. 
Native honeycreepers are reasonably abundant in both areas. Little else 
is known about the life history of Geranium arboreum. Flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Funk 
1982; 1988; Service 1997; 57 FR 20772).

[[Page 15862]]

    The original range and abundance of the species is unknown, but 
late 19th and early 20th century collections indicate that it once grew 
on the southern slopes of Haleakala and that its distribution on the 
northern slopes extended beyond its presently known range. Currently, 
there are seven populations totaling 158 individuals, within the East 
Maui Watershed Partnership on State (Kula and Kahikinui Forest 
Reserves), private and federally owned or leased (Haleakala National 
Park) lands. These populations are found in Kahua, Kanahau, Waiohuli, 
Kaipoioi Gulch, Hapapa Gulch, Keauaiwi Gulch, Kalialinui, and south of 
Puu Luau and east of Puu Nianiau (Warshauer 1998; HINHP Database 2001; 
GDSI 2001; Service 1997; 57 FR 20772).
    Geranium arboreum grows in steep, damp, and shaded narrow canyons 
and gulches, steep banks, and intermittent streams in Sophora 
chrysophylla (mamane) subalpine dry shrubland or Metrosideros 
polymorpha montane forest and containing one or more of the following 
associated native plant species: Vaccinium reticulatum (ohelo ai), 
Dodonaea viscosa, Styphelia tameiameiae, Rubus hawaiiensis, or 
Dryopteris wallichiana (io nui) and elevations between 1,451 and 2,184 
m (4,760 and 7,164 ft) (Service 1997; 57 FR 20772; R. Hobdy et al., 
pers. comm., 2001).
    The greatest immediate threat to the survival of this species is 
the encroachment and competition from naturalized, exotic vegetation, 
chiefly grasses and trees. Soil disturbance, caused by trampling cattle 
and rooting by feral pigs, also is a major threat as it destroys plants 
and facilitates the encroachment of competing species of naturalized 
plants. Other less important threats include browsing by cattle; fires; 
and pollen from exotic pine trees, which at times of the year 
completely cover the stigmas of the geraniums, precluding any 
fertilization by its own species. The small number of individual plants 
increases the potential for extinction from random environmental 
events, and the limited gene pool may depress reproductive vigor (Funk 
1982, 1988; 57 FR 20772; Service 1997).

Geranium multiflorum (nohoanu)

    Geranium multiflorum, a long-lived member of the geranium family 
(Geraniaceae), is a perennial many-branched shrub 1 to 3 m (3 to 10 ft) 
tall. Flowers are in clusters of 25 to 50, and have 5 white petals that 
are 10 to 15 mm (0.4 to 0.6 in) long with purple veins or bases. This 
species is distinguished from others of the genus by its white, 
regularly symmetrical flowers and by the shape and pattern of teeth on 
its leaf margins (Wagner et al. 1999).
    Little is known about the life history of Geranium multiflorum. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 57 FR 20772).
    Historically, Geranium multiflorum was known from Ukulele, 
Waieleele, and Waianapanapa on East Maui. This species is now known 
from Federal (Haleakala National Park), State (Hanawi NAR and Koolau 
Forest Reserve), and private lands within the East Maui Watershed 
Partnership in Haiku Ula, Kalialinui, Koolau Gap, Koolau Gap near Haiku 
Ula, between East Waiuaki and Kopiliula Streams, near Puu Alaea along 
Kalapawili Ridge, Kipahulu Valley, Waiakekeehia, and Haleakala Crater. 
The eight known populations extend over a distance of about 10.5 by 5.5 
km (6.5 by 3.5 mi). Due to the inaccessibility of the populations, and 
the difficulty in determining the number of individuals (due to the 
plant's multi-branched form), the total number of individuals of this 
species is not known; however, it probably does not exceed 3,000 plants 
(Warshauer 1998; GDSI 2001; Service 1997; 57 FR 20772; HINHP Database 
2001; R. Hobdy et al., pers. comm., 2001).
    Geranium multiflorum is found in wet or mesic Metrosideros 
polymorpha montane forest or alpine mesic forest, Styphelia tameiameiae 
shrubland, Sophora chrysophylla subalpine dry forest, open sedge 
swamps, fog-swept lava flows, or montane grasslands containing one or 
more of the following associated native plant species: Coprosma montana 
(pilo), Dryopteris glabra (hohui), Dryopteris wallichiana, Rubus 
hawaiiensis, Vaccinium spp., Hedyotis spp., or Sadleria cyatheoides 
(amau) at elevations between 1,499 and 2,710 m (4,918 and 8,890 ft) 
(Wagner et al. 1999; HINHP Database 2001; Service 1997; 57 FR 20772).
    The major threat to Geranium multiflorum is competition with 
encroaching alien plant species, particularly Rubus argutus (prickly 
Florida blackberry). A potential threat is habitat destruction by feral 
pigs and goats in unfenced areas (Service 1997; 57 FR 20772).

Kanaloa kahoolawensis (kohe malama malama o kanaloa)

    Kanaloa kahoolawensis, a short-lived perennial and a member of the 
legume family (Fabaceae), is a densely branched shrub 0.75 to 1 m (2.5 
to 3.5 ft) tall. The leaves are divided into three pairs of leaflets, 
with a leaf nectary (nectar-bearing gland) at the joint between each 
pair of leaflets. One to three inflorescences are found in the leaf 
axils (joint between leaf and stem), developing with the flush of new 
leaves. The inflorescence is a globose head with 20 to 54 white 
flowers. Up to four fruits develop in each flowering head. The fruit is 
egg-shaped to subcircular, compressed, hairy at the base, and open 
along two sides. One heart-shaped, brown seed, 1.0 to 1.4 by 1.1 to 1.6 
cm (0.4 to 0.5 by 0.4 to 0.6 in), is found in each fruit. There is no 
other species of legume in Hawaii that bears any resemblance to this 
species, which is the only one in this genus (Service 2001; Lorence and 
Wood 1994).
    Little is known about the life history of Kanaloa kahoolawensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 2001; 64 FR 48307).
    Kanaloa kahoolawensis was unknown to science until its discovery by 
Steve Perlman and Ken Wood of NTBG in 1992 on a steep rocky spire on 
the coast of Kahoolawe. The only known location of Kanaloa 
kahoolawensis is this rocky stack on the southern coast of the island 
of Kahoolawe, which is owned by the State of Hawaii. While there are no 
previous records of the plant, pollen core studies on the island of 
Oahu revealed a legume pollen that could not be identified but is most 
likely this species. The pollen cores indicate that this previously 
unidentified species was a codominant with Dodonaea viscosa and 
Pritchardia spp. from before 1210 B.C. to 1565 A.D., at which point K. 
kahoolawensis disappeared from the pollen record and D. viscosa and 
Pritchardia spp. declined dramatically. Only one population with two 
living individuals is known (Athens et al. 1992; Athens and Ward 1993; 
Lorence and Wood 1994; Paul Higashino, Kahoolawe Island Reserve 
Commission (KIRC), pers. comm., 2000; Service 2001; 64 FR 48307).
    The only known habitat is steep rocky talus slopes in mixed coastal 
shrubland at elevations between 45 to 60 m (150 to 200 ft) and 
containing one or more of the following associated native plant 
species: Sida fallax (ilima), Senna gaudichaudii (kolomona), Bidens 
mauiensis (kookoolau), Lipochaeta lavarum (nehe), Portulaca 
molokiniensis (ihi), or Capparis sandwichiana (maiapilo) (Service 2001; 
64 FR 48307; R. Hobdy et al., pers. comm., 2001).

[[Page 15863]]

    The major threats to Kanaloa kahoolawensis are landslides and 
competition with the alien plant species Emilia fosbergii (pualele), 
Chloris barbata (swollen finger grass), or Nicotiana glauca (tobacco 
tree). Goats played a major role in the destruction of vegetation on 
Kahoolawe before they were removed, and K. kahoolawensis probably 
survived only because the rocky stack is almost completely separated 
from the island and inaccessible to goats. Rats are a potential threat 
to K. kahoolawensis, because the species has seeds similar in 
appearance and presentation to the seeds of the federally endangered 
Caesalpinia kavaiensis (uhiuhi), which are eaten by rats. Rats may have 
been the cause of the decline of this species 800 years ago. Trampling 
and habitat degradation from introduced cats and native seabirds are 
also potential threats. Random environmental events and reduced 
reproductive vigor are also threats to this species, because only two 
individuals are known (P. Higashino, pers. comm., 2000; Cuddihy and 
Stone 1990; Lorence and Wood 1994; Service 2001; 64 FR 48307).

Lipochaeta kamolensis (nehe)

    Lipochaeta kamolensis, a short-lived perennial herb of the aster 
family (Asteraceae), has trailing or climbing stems that are woody at 
the base and reach a length of 0.3 to 3 m (1 to 10 ft). This species is 
distinguished from others of the genus by the simple leaves which are 
pinnately lobed or cut and by the size of the flower heads (Wagner et 
al. 1999).
    Lipochaeta kamolensis has been observed flowering from December 
through February, as well as in April. The growing season coincides 
with the wet season between November and April to May. Plants are 
deciduous and appear to be metabolically inactive during the dry 
season. Little else is known about the life history of Lipochaeta 
kamolensis. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1997; 57 FR 20772).
    Historically, Lipochaeta kamolensis was known from Kamole Gulch, 
west of Kepuni Gulch, and 7.2 km (11.8 mi) southeast of Ulupalakua 
Ranch Office. This species still occurs in Kamole Gulch, on State owned 
(Department of Hawaiian Home Lands) land. The only known population, 
which extends over an area of about 40 ha (100 ac), is estimated to 
contain less than 500 individuals (Wagner et al. 1999; GDSI 2001; HINHP 
Database 2001; K. Wood, in litt. 1999; Service 1997; 57 FR 20772).
    Lipochaeta kamolensis typically grows in gulches or on gentle 
slopes outside gulches in dry shrubland at elevations between 40 and 
602 m (132 and 1,974 ft) and containing one or more of the following 
associated native plant species: Dodonaea viscosa, Plumbago zeylanica 
(iliee), or Ipomoea indica (koali awa) (Wagner et al. 1999; K. Wood, in 
litt. 1999; Service 1997; 57 FR 20772; R. Hobdy et al., pers. comm., 
2001).
    The major threats to Lipochaeta kamolensis are habitat destruction 
and predation by cattle and goats, competition with alien plants such 
as Lantana camara (lantana), fire, and the one population subject to 
extinction by random environmental events (57 FR 20772; Service 1997).

Melicope adscendens (alani)

    Melicope adscendens, a long-lived perennial of the rue family 
(Rutaceae), is a sprawling shrub with long, slender branches covered 
with gray hairs when young, which become hairless when older. M. 
adscendens is distinguished from other species of the genus by its 
growth habit, the distinct follicles of its fruit, and the persistent 
(remaining attached) sepals and petals (Stone et al. 1999).
    Melicope adscendens fruits have been collected in March and July. 
Little else is known about the life history of Melicope adscendens. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 59 FR 62346).
    Melicope adscendens has been found only on the southwestern slope 
of Haleakala; two plants, separated by an unspecified distance, were 
found by Forbes in 1920. Today, there are two known populations with a 
total of 16 individuals on State (Kanaio NAR) and privately owned lands 
at Puu Ouli and on the border of the Hana and Makawao Districts (GDSI 
2001; HINHP Database 2001; Service 1997; 59 FR 62346).
    This species typically grows on aa lava (a particular type of lava 
flow with very sharp edges) with pockets of soil in Nestegis 
sandwicensis (olopua)-Pleomele auwahiensis (hala pepe)-Dodonaea viscosa 
lowland mesic forest or open dry forest and containing one or more of 
the following associated native plant species: Osteomeles 
anthyllidifolia (ulei), Alphitonia ponderosa (kauila), Chamaesyce 
celastroides var. lorifolia (akoko), Santalum ellipticum (iliahialoe), 
Pouteria sandwicensis (alaa), Styphelia tameiameiae, or Xylosma 
hawaiiensis (maua) at elevations between 761 and 1,209 m (2,497 and 
3,967 ft) (HINHP Database 2001; K. Wood, in litt. 1999; Service 1997; 
59 FR 62346; R. Hobdy et al., pers. comm., 2001).
    Major threats are habitat damage and trampling by cattle; 
competition with alien plant species, including Lantana camara, 
Bocconia frutescens (NCN), and Pennisetum clandestinum (kikuyu grass), 
and reduced reproductive vigor or extinction from random environmental 
events due to the small number of individuals and narrow distribution. 
Potential threats include habitat degradation and damage to plants by 
axis deer (Axis axis), feral goats, feral pigs, black twig borer, fire, 
and ranch activities (Service 1997; 59 FR 62346; HINHP Database 2001).

Melicope balloui (alani)

    Melicope balloui, a long-lived perennial of the rue family 
(Rutaceae), is a small tree or shrub. New growth has yellowish brown 
woolly hairs and waxy scales; plant parts later become nearly hairless. 
Melicope balloui is distinguished from other species of the genus by 
the partially fused carpels of its four-lobed capsule and usually 
persistent sepals and petals (Stone et al. 1999).
    Little is known about the life history of Melicope balloui. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 59 FR 62346).
    Melicope balloui has been found only on the northern and 
southeastern slopes of Haleakala. There are two known populations with 
a total of approximately 50 individuals on private and federally owned 
(Haleakala National Park) lands within the East Maui Watershed 
Partnership at Puu O Kakae and Palikea Stream (GDSI 2001; HINHP 
Database 2001; K. Wood, in litt. 1999; Service 1997; 59 FR 62346).
    Melicope balloui typically grows in mesic to wet forest between 781 
and 1,596 m (2,561 and 5,235 ft), containing one or more of the 
following associated native plant species: Acacia koa, Cibotium 
chamissoi (hapuu), Cibotium glaucum (hapuu), Diplazium sandwichianum, 
Melicope clusiifolia, Metrosideros polymorpha, or Sadleria pallida 
(amau) (HINHP Database 2001; J. Lau, pers. comm., 2001; Service 1997; 
59 FR 62346).
    Major threats are habitat degradation and damage to plants by feral 
pigs and axis deer and reduced reproductive vigor or extinction caused 
by random environmental events due to the small

[[Page 15864]]

number of existing populations and individuals. Potential threats 
include competition with alien plant species such as Paspalum 
conjugatum, Clidemia hirta, Paspalum urvillei, Andropogon virginicus 
(broomsedge), and Psidium cattleianum (strawberry guava); 
susceptibility to black twig borer (Xylosandrus compactus); and 
predation by rats (59 FR 62346; Service 1997; HINHP Database 2001).

Melicope ovalis (alani)

    Melicope ovalis, a long-lived perennial of the rue family 
(Rutaceae), is a tree growing up to 5 m (16 ft) tall. New growth has 
fine, short, brownish hairs, but soon becomes hairless. Leaves are 
opposite, leathery, and broadly elliptic. The upper and lower surfaces 
of the leaves are hairless, and bruised foliage has an anise odor 
similar to that of M. anisata (mokihana). Each flower cluster is on a 
main stalk and comprises three to seven flowers on individual stalks. 
Further details of the flowers are unknown. The fruit, a capsule, has 
carpels that are fused along almost their entire length. Each fertile 
carpel contains one or two glossy black seeds. The exocarp and endocarp 
are both hairless. M. ovalis is distinguished from other species of the 
genus by the almost entirely fused carpels of its capsule, its 
nonpersistent sepals and petals, and its well-developed petioles (Stone 
et al. 1999).
    Little is known about the life history of Melicope ovalis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 59 FR 62346).
    Melicope ovalis has been found only on the eastern and southeastern 
slopes of Haleakala. There is one known population with approximately 
200 individuals, found on federally owned land along the Palikea Stream 
in Haleakala National Park within the East Maui Watershed Partnership 
(GDSI 2001; HINHP Database 2001; K. Wood, in litt. 1999; Service 1997; 
59 FR 62346).
    This species typically grows in Acacia koa and Metrosideros 
polymorpha-dominated montane wet forests along streams at elevations 
between 753 and 1,537 m (2,469 and 5,042 ft). Associated plant species 
include Dicranopteris linearis, Machaerina angustifolia (uki), Labordia 
hedyosmifolia (NCN), Wikstroemia oahuensis (akia), Dubautia 
plantaginea, Hedyotis hillebrandii, Broussaisia arguta, Cheirodendron 
trigynum, or Perrottetia sandwicensis (Service 1997; 59 FR 62346; HINHP 
Database 2001; R. Hobdy et al., pers. comm., 2001).
    Major threats to the only known population are habitat degradation 
and damage to plants by feral pigs and reduced reproductive vigor and/
or extinction due to random environmental events. Competition with 
introduced plants such as Paspalum conjugatum, Clidemia hirta, Rubus 
rosifolius (thimbleberry), and Psidium cattleianum; seed predation by 
rats; and susceptibility to black twig borer are also threats to this 
species. Habitat degradation and damage to plants by feral goats and 
axis deer are potential threats if the integrity of the fence currently 
surrounding the population is compromised (Service 1997; 59 FR 62346; 
HINHP Database 2001; K. Wood, in litt. 1999).

Remya mauiensis (NCN)

    Remya mauiensis is a short-lived perennial member of the aster 
family (Asteraceae). The genus Remya is endemic to the Hawaiian 
Islands. It is a small perennial shrub, about 90 cm (3 ft) tall, with 
many slender, sprawling, or scandent to weakly erect branches, covered 
with a fine tan fuzz near their tips. The leaves are narrow, up to 
about 15 cm (6 in) long, and are bunched at the ends of the branches. 
The coarsely toothed leaf blade is 5 to 12 times longer than wide, has 
a long-attenuate base, and a petiole of less than 1 cm (0.4 in) long. 
The leaves are green on the upper surface and covered with a dense mat 
of fine white hairs on the lower surface. The flowers are small, about 
0.7 cm (0.3 in) in diameter, dark yellow, and densely clustered at the 
ends of their stems (Wagner et al. 1999).
    Little is known about the life history of Remya mauiensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 56 FR 1450).
    Remya mauiensis was collected twice by William Hillebrand on West 
Maui between 1851 and 1871, and again in 1920 by Charles Forbes, also 
on West Maui. It was thought to be extinct until its rediscovery in 
1971 by L.E. Bishop, W. Gagne, and S. Montgomery on the slopes of 
Manawainui Gulch, West Maui. Currently, R. mauiensis is known from 
three small populations on State owned land within the West Maui 
Mountains Watershed Partnership at Paupau, Kokuula, Kanaulaiki, and 
Maunawainui Gulch in the Panaewa section of the West Maui NAR, the West 
Maui Forest Reserve, and the Manawainui Plant Sanctuary. Because of the 
sprawling habit of this species, and the often dense growth of the 
surrounding vegetation, it is difficult to determine the exact number 
of individuals in a population; however, there is an estimate of 21 
individuals (HINHP Database 2001; GDSI 2001; Service 1997; 56 FR 1450).
    Remya mauiensis grows chiefly on steep, north or northeast-facing 
slopes in mixed mesophytic forests or Metrosideros polymorpha montane 
wet forests and containing one or more of the following associated 
native species: Diospyros sandwicensis (lama), Xylosma hawaiiensis, 
Nestegis sandwicensis, Myrsine lessertiana (kolea lau nui), Wikstroemia 
spp. (akia), Dodonaea viscosa, Diplazium sandwichianum, Lysimachia 
remyi, Microlepia strigosa (palapalai), Melicope spp., Alyxia 
oliviformis (maile), Pleomele auwahiensis, Psychotria mariniana, or 
Styphelia tameiameiae at elevations between 400 and 1,228 m (1,312 and 
4,029 ft) (HINHP Database 2001; Service 1997; 56 FR 1450; R. Hobdy et 
al., pers. comm., 2001).
    This species is threatened by extinction due to random catastrophic 
environmental events by virtue of the extremely small size of the 
populations coupled with a limited distribution of the remaining 
populations. The limited gene pool may depress reproductive vigor, or a 
single environmental disturbance could destroy a significant percentage 
of the known individuals. However, the primary threat to this species 
is the loss and degradation of its habitat due to the introduction of 
alien plants, such as Rubus rosifolius, Schinus terebinthifolius 
(Christmas berry), Adiantum hispidulum (rough maidenhair fern), or 
Tibouchina herbacea; human activities; and feral goats and pigs (56 FR 
1450; Service 1997).

Schiedea haleakalensis (NCN)

    Schiedea haleakalensis, a short-lived perennial of the pink family 
(Caryophyllaceae), is a hairless shrub, with slightly fleshy, narrow 
leaves and a single vein. Flowers are arranged in clusters at the ends 
of the branches. The flower has five green, oval sepals; no petals; 
five nectaries; and ten stamens. Capsules contain grayish to reddish 
brown seeds. This species differs from other species of the genus on 
East Maui by its crowded, hairless inflorescence composed of bisexual 
flowers (Wagner et al. 1999).
    Schiedea haleakalensis is gynodioecious (individuals either have 
only female flowers or only perfect flowers) and so likely needs cross 
pollination by small insects. Small, short-flighted flies and moths 
have been observed visiting flowers. Fruits and seeds have been 
observed from August

[[Page 15865]]

through September. Little else is known about the life history of 
Schiedea haleakalensis. Flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (Service 1997; 57 FR 20772).
    Due to the lack of early collections or sightings, the historical 
range of Schiedea haleakalensis is unknown. This species is known only 
from Leleiwi Pali and Kaupo Gap in Haleakala National Park within the 
East Maui Watershed Partnership. The two populations are estimated to 
contain a total of 100 to 200 individuals, which together extend over a 
total area of 11 ha (28 ac) (GDSI 2001; HINHP Database 2001; Service 
1997; 57 FR 20772).
    Schiedea haleakalensis typically grows in rock cracks on sheer 
cliffs adjacent to barren lava and subalpine shrublands and grasslands 
with cinder, weathered volcanic ash, or bare lava substrate with little 
or no soil development and periodic freezing temperatures and 
containing one or more of the following associated plant species: 
Artemisia mauiensis (hinahina), Bidens micrantha (kookoolau), Dubautia 
menziesii, Styphelia tameiameiae, Vaccinium reticulatum, or Viola 
chamissoniana (pamakani) at elevations between 1,678 and 2,434 m (5,505 
and 7,986 ft) (Service 1997; 57 FR 20772; HINHP Database 2001; R. Hobdy 
et al., pers. comm., 2001).
    The greatest threats to Schiedea haleakalensis are fire and other 
catastrophic events that could severely impact the species due the 
small number and restricted distribution of remaining individuals and 
populations (Service 1997; 57 FR 20772).

Tetramolopium capillare (pamakani)

    Tetramolopium capillare, a short-lived perennial of the sunflower 
family (Asteraceae), is a sprawling shrub with stems measuring 50 to 80 
cm (20 to 31 in) long and covered with many glands when young. The very 
firm, stalkless leaves are involute (edges rolled under). Flower heads 
are situated singly at the ends of stalks. Located beneath each flower 
head are 45 to 50 bracts, arranged in a structure 3 to 4 mm (about 0.1 
in) high and 7 to 10 mm (0.3 to 0.4 in) in diameter. In each flower 
head, 30 to 50 white, male ray florets are surround by 15 to 25 
greenish yellow tinged with red, functionally female florets. The 
achenes (dry, one-seeded fruits) are topped by a white pappus 
comprising a single series of bristles. Tetramolopium capillare differs 
from other species of the genus by its very firm leaves with edges 
rolled under, its solitary flower heads, the color of its disk florets, 
and its shorter pappus. It differs from T. remyi, with which it 
sometimes grows, by its more sprawling habit and the shorter stalks of 
its smaller flower heads (Lowrey 1999).
    Little is known about the life history of Tetramolopium capillare. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Lowrey 1999).
    Historically, Tetramolopium capillare is known from Lahaina Luna to 
Wailuku on West Maui. Currently, four known populations with a total of 
166 individuals are known from State (West Maui Forest Reserve) and 
privately owned lands within the West Maui Mountains Watershed 
Partnership, south of Kanaha Stream, Kauaula, Ulaula, and Koia (Lowrey 
1999; GDSI 2001; Service 1997; 59 FR 49860).
    Tetramolopium capillare typically grows on rocky substrates in 
Heteropogon contortus (pili grass) lowland dry forest containing one or 
more of the following associated native plant species: Dodonaea viscosa 
or Myoporum sandwicense (naio); or in Metrosideros polymorpha-Styphelia 
tameiameiae montane mesic or wet shrubland and wet cliff faces and 
containing one or more of the following associated plant species: 
Metrosideros polymorpha, Styphelia tameiameiae, or Dodonaea viscosa at 
elevations between 131 and 1,432 m (430 and 4,698 ft) (Service 1997; 59 
FR 49860; R. Hobdy et al., pers. comm., 2001).
    The major threats to Tetramolopium capillare are fires; competition 
from alien plant species, particularly Lantana camara, Leucaena 
leucocephala (koa haole), or Melinis repens (natal redtop); and reduced 
reproductive vigor and/or extinction from random environmental events 
due to the small number of existing populations and individuals 
(Service 1997; 59 FR 49860).

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 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; 57 FR 20772).
    Historically, Acaena exigua was known from Puu Kukui on West Maui 
and from Mount Waialeale on Kauai. On Maui, Acaena exigua was last seen 
by Hank Oppenheimer and Steve Perlman in 1999 within the Puu Kukui 
Watershed Management Area. It has not been seen in the wild since March 
2000 (Hank Oppenheimer, Maui Pineapple Company Limited, pers. comm., 
2001; Service 1997; 57 FR 20772).
    Acaena exigua is known only from montane bogs characterized by a 
thick peat substrate overlying an impervious clay substrate, with 
hummocks of sedges and grasses, stunted trees, and shrubs at elevations 
between 1,178 and 1,764 m (3,865 and 5,787 ft). Associated native 
species include the sedges and grasses Carex montis-eeke (NCN), 
Deschampsia nubigena, Dichanthelium cynodon (NCN), Dichanthelium 
hillebrandianum (NCN), Dichanthelium isachnoides (NCN), Oreobolus 
furcatus (NCN), or Rhynchospora chinensis (kuolohia), and the shrubs 
Metrosideros polymorpha, Viola maviensis (pamakani), Myrsine spp., 
Lagenifera maviensis (NCN), or Vaccinium spp. (Service 1997; 57 FR 
20772; R. Hobdy et al., pers. comm., 2001).
    The reason for the disappearance of this species is not known. 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 (Service 1997; 
57 FR 20772).

Adenophorus periens (pendant kihi fern)

    Adenophorus periens, a member of the grammitis family 
(Grammitidaceae) and a short-lived perennial, is a small, pendant, 
epiphytic fern. This species differs from other species in this endemic 
Hawaiian genus by having hairs along the pinna margins, by the

[[Page 15866]]

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 
Kauai, Molokai, and Hawaii. On Maui, it has not been seen in the wild 
since 1929 (HINHP Database 2001; Service 1999; 59 FR 56333; GDSI 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Adenophorus periens on the island of Maui 
(Service 1999; 59 FR 56333).
    Nothing is known of the threats to Adenophorus periens on the 
island of Maui (Service 1999; 59 FR 56333).

Alectryon macrococcus (mahoe)

    Alectryon macrococcus, a long-lived perennial and 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, only when young in A. macrococcus var. macrococcus, and 
persistent in A. macrococcus var. auwahiensis. The only member of its 
genus found in Hawaii, this species is distinguished from other 
Hawaiian members of its family by being a tree with a hard fruit 2.5 cm 
(1 in) or more in diameter (Service 1997; 57 FR 20772; 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 A. macrococcus. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, and specific environmental requirements are unknown (Service 
1997; 57 FR 20772).
    Historically and currently, Alectryon macrococcus var. macrococcus 
is known from Kauai, Oahu, Molokai, and Maui. On Maui, three 
populations with a total of 22 individuals is found along the Honokowai 
Ditch Trail, Launiupoko Valley, and Iao Valley on privately owned land 
within the West Maui Mountains Watershed Partnership. Currently, A. 
macrococcus var. auwahiensis is known from two populations with 22 
individuals on leeward East Maui in Auwahi in the Hana District and on 
the ridge east of Pahihi Gulch on private and State owned (Kahikinui 
Forest Reserve) lands (Medeiros et al. 1986; GDSI 2001; HINHP Database 
2001; Service 1997; 57 FR 20772).
    The habitat of Alectryon macrococcus var. macrococcus is mesic 
forests with Pouteria sandwicensis, Nestegis sandwicensis, Xylosma spp. 
(maua), Antidesma platyphylla (hame), Antidesma pulvinatum (hame), 
Bobea sandwicensis (ahakea), Pittosporum confertiflorum (hoawa), or 
Pittosporum glabrum (hoawa) at elevations between 1,017 and 3,562 m 
(1,168 and 3,337 ft). The habitat of A. macrococcus var. auwahiensis is 
mesic to wetter mesic and upper dryland forest containing one or more 
of the following associated native plant species: Diospyros 
sandwicensis, Dodonaea viscosa, Osteomeles anthyllidifolia, Alphitonia 
ponderosa, Santalum ellipticum, Xylosma hawaiiensis, Streblus 
pendulinus (aiai), Pouteria sandwicensis, or Pleomele auwahiensis at 
elevations between 333 and 1,210 m (1,092 and 3,969 ft) (HINHP Database 
2001; K. Wood, in litt. 1999; Service 1997; 57 FR 20772; R. Hobdy et 
al., pers. comm., 2001).
    The threats to Alectryon macrococcus var. macrococcus on Maui 
include feral goats and pigs; alien plant species, such as Melinus 
minutiflora (molasses grass), Pennisetum clandestinum, Schinus 
terebinthifolius, or Psidium cattleianum; damage from the black twig 
borer; seed predation by rats and mice (Mus musculus); fire; seed 
predation by insects (probably the endemic microlepidopteran Prays cf. 
fulvocanella); loss of pollinators; depressed reproductive vigor; and 
due to the very small remaining number of individuals and their limited 
distribution, a single natural or human-caused environmental 
disturbance could easily be catastrophic. The threats to A. macrococcus 
var. auwahiensis on Maui are damage from the black twig borer; seed 
predation by rats and mice; habitat degradation by feral pigs, deer, 
and escaped cattle; seed predation by insects (probably Prays cf. 
fulvocanella); alien plant species; loss of pollinators; depressed 
reproductive vigor; and due to the very small remaining number of 
individuals and their limited distribution, a single natural or human-
caused environmental disturbance could easily be catastrophic (Service 
1997; 57 FR 20772).

Asplenium fragile var. insulare (NCN)

    Asplenium fragile var. insulare, a short-lived perennial and a 
member of the spleenwort family (Aspleniaceae), is a fern with a short 
sub-erect stem with a dull gray or brown main axis with two greenish 
ridges. This Hawaiian fern species is most similar to Asplenium 
macraei. The two can be distinguished by the size and shape of the 
pinnae and the number of sori per pinna (Wagner and Wagner 1992).
    Little life history information is available for Asplenium fragile 
var. insulare. Reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are unknown. Researchers have 
collected information on species composition, extent of cover, and age-
class structure in six sub-populations at Pohakuloa Training Area in 
order to describe the populations. No gametophytes (gamete-producing 
life stage) were found, and the age-class structure of the sub-
populations sampled was determined to be 100 percent reproductive 
adults because all the sporophytes (spore-producing life stage) had 
sori (spore-bearing structures) on some fronds (Service 1998a; 59 FR 
49025).
    Asplenium fragile var. insulare was known historically and 
currently from East Maui and on the island of Hawaii. Currently, on 
Maui there is one population with 18 individuals found in Kalialinui 
within the East Maui Watershed Partnership on private and federally 
(Haleakala National Park) owned lands (GDSI 2001; Service 1998a; 59 FR 
49025).
    On Maui, Asplenium fragile var. insulare is found in streamside 
hollows and grottos in gulches that occur in mesic to dry subalpine 
shrubland dominated by Styphelia tameiameiae and Sadleria cyatheoides, 
with scattered Metrosideros polymorpha between 1,682 and 2,407 m (5,518 
and 7,896 ft). Associated native plant species include Grammitis 
hookeri (makue lau lii), and Dryopteris wallichiana (Service 1998a; 59 
FR 49025; R. Hobdy et al., pers. comm., 2001).
    The primary threat to Asplenium fragile var. insulare on the island 
of Maui is the risk of extinction due to random naturally occurring 
events due

[[Page 15867]]

to the small number of existing individuals (Service 1998a; 59 FR 
49025; Shaw 1992).

Bidens micrantha ssp. kalealaha (ko oko olau)

    Bidens micrantha ssp. kalealaha, a short-lived member of the aster 
family (Asteraceae), is an erect perennial herb. This subspecies can be 
distinguished from other subspecies by the shape of the seeds, the 
density of the flower clusters, the numbers of ray and disk florets per 
head, differences in leaf surfaces, and other characteristics (57 FR 
20772; Ganders and Nagata 1999).
    Bidens micrantha is known to hybridize with other native Bidens, 
such as B. mauiensis and B. menziesii, and possibly B. conjuncta. 
Little else is known about the life history of B. micrantha ssp. 
kalealaha. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, and specific environmental requirements are unknown 
(Ganders and Nagata 1999; Service 1997; 57 FR 20772).
    Historically, Bidens micrantha ssp. kalealaha was known from Lanai, 
the south slope of Haleakala on East Maui, and from one locality on 
West Maui. Currently, this taxon remains only on East Maui in Kahua, 
Nakula, and Haleakala Crater and Kaupo Gap, on State (Kahikinui Forest 
Reserve) and Federal (Haleakala National Park) lands within the East 
Maui Watershed Partnership. There are a total of three populations with 
less than a total of 2,000 individuals (Ganders and Nagata 1999; HINHP 
Database 2001; Service 1997; 57 FR 20772; GDSI 2001; HINHP Database 
2001).
    The habitat of Bidens micrantha ssp. kalealaha is blocky lava flows 
with little or no soil development, deep pit craters, and sheer rock 
walls in open canopy Metrosideros polymorpha-Acacia koa forest, montane 
shrubland, Sophora chrysophylla forests or cliff faces containing one 
or more of the following associated native plant species: Styphelia 
tameiameiae, Coprosma montana (pilo), Dodonaea viscosa, Dubautia 
platyphylla (naenae), Vaccinium reticulatum, or Santalum haleakalae 
(iliahi) at elevations between 1,317 and 2,565 m (4,321 and 8,414 ft) 
(Ganders and Nagata 1999; HINHP Database 2001; Service 1997; 57 FR 
20772; R. Hobdy et al., pers. comm., 2001).
    The threats to this species on Maui are habitat destruction by 
feral goats, pigs, and cattle; competition from a variety of invasive 
plant species; and fire (Service 1997; 57 FR 20772).

Bonamia menziesii (NCN)

    Bonamia menziesii, a short-lived perennial 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. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Historically, Bonamia menziesii was known from Kauai, Oahu, 
Molokai, one location on West Maui, and the island of Hawaii. 
Currently, this species is known from Kauai, Oahu, Lanai, Maui, and 
Hawaii. On Maui, there are four populations containing a total of eight 
individuals on State (Kanaio NAR) and privately owned lands within the 
West Maui Mountains Watershed Partnership at Honokawai, Keokea, 
Haunauhane, and Kanaio (GDSI 2001; HINHP Database 2001; K. Wood, in 
litt. 1999; Service 1999; 59 FR 56333).
    Bonamia menziesii is found on aa lava in mixed open dry forest, or 
Erythrina sandwicensis (wiliwili) lowland dry forest, and in mesic 
mixed Metrosideros polymorpha forest and containing one or more of the 
following associated native plant species: Nestegis sandwicensis, 
Pleomele auwahiensis, Dodonaea viscosa, Alyxia oliviformis, Diospyros 
sandwicensis, Osteomeles anthyllidifolia, Alphitonia ponderosa, 
Santalum ellipticum, Xylosma hawaiiensis, Nothocestrum latifolium 
(aiea), Pouteria sandwicensis, Achyranthes splendens (NCN), Acacia 
koaia (koaia), Sida fallax, Reynoldsia sandwicensis (ohe), Sicyos spp. 
(anunu), Lipochaeta rockii (nehe), Nototrichium spp. (kului), or 
Myoporum sandwicense at elevations between 184 and 906 m (604 and 2,971 
ft) (HINHP Database 2001; K. Wood, in litt. 1999; Service 1999; 59 FR 
56333; R. Hobdy et al., pers. comm., 2001).
    The primary threats to this species on Maui are habitat degradation 
and possible predation by feral pigs, goats, axis deer, and cattle; 
competition with a variety of alien plant species, particularly Lantana 
camara or Bocconia frutescens; and an alien beetle (Physomerus 
grossipes) (Service 1999; 59 FR 56333).

Brighamia rockii (pua ala)

    Brighamia rockii, a long-lived perennial member of the bellflower 
family (Campanulaceae), grows as an unbranched stem succulent with a 
thickened stem that tapers from the base. This species is a member of a 
unique endemic Hawaiian genus with only one other species, found on 
Kauai, from which it differs by the color of its petals, its longer 
calyx (fused sepals) lobes, and its shorter flower stalks (Lammers 
1999).
    Observations of Brighamia rockii have provided the following 
information: the reproductive system is protandrous, meaning there is a 
temporal separation between the production of male and female gametes, 
in this case a separation of several days; only five percent of the 
flowers produce pollen; very few fruits are produced per inflorescence; 
there are 20 to 60 seeds per capsule; and plants in cultivation have 
flowers at an age of 9 months. This species was observed in flower 
during August. Little else is known about the life history of Brighamia 
rockii. Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (HINHP Database 2001; Service 1996b; 57 FR 4632).).
    Historically, Brighamia rockii ranged along the northern coast of 
East Molokai from Kalaupapa to Halawa and may possibly have grown on 
Lanai and Maui. Currently, it is only extant on Molokai (Lammers 1999; 
HINHP Database 2001; K. Wood, in litt. 2000; Service 1996b; 57 FR 
46325).
    On Maui, Brighamia rockii occurs in rock crevices on steep sea 
cliffs, often within the spray zone, in coastal dry to mesic forests 
and shrublands between 0 and 195 m (0 and 640 ft). Associated plant 
species include Psydrax odorata (alahee), Diospyros sandwicensis, 
Osteomeles anthyllidifolia, and Scaevola sericea (naupaka kahahai) (J. 
Lau, pers. comm., 2001; Service 1996b; 57 FR 46325).
    Nothing is known of the threats to Brighamia rockii on the island 
of Maui (Service 1996b; 57 FR 46325).

Cenchrus agrimonioides (kamanomano)

    Cenchrus agrimonioides is a short-lived perennial member of the 
grass family (Poaceae) with leaf blades which are flat or folded and 
have a prominent midrib. There are two varieties, C. agrimonioides var. 
laysanensis and C. agrimonioides var. agrimonioides. They differ from 
each other in that var. agrimonioides has smaller burs, shorter stems, 
and narrower leaves. This species is distinguished from others in the 
genus by the cylindrical to lance-shaped bur and the arrangement and 
position of the bristles (O'Connor 1999).

[[Page 15868]]

    Little is known about the life history of Cenchrus agrimonioides. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown. This species has been observed to produce fruit year round 
(Service 1999; 61 FR 53108).
    Historically, Cenchrus agrimonioides var. agrimonioides was known 
from the Oahu, Lanai, and the south slope of Haleakala and Ulupalakua 
on Maui, and an undocumented report from the Island of Hawaii. 
Historically, C. agrimonioides var laysanensis was known from Laysan, 
Kure, and Midway, all within the Northwestern Hawaiian Islands National 
Wildlife Refuge. This variety has not been seen since 1973. Currently, 
C. agrimonioides var. agrimonioides is known from Oahu and Maui. On 
Maui, this variety is known from two populations on State owned land 
(West Maui Forest Reserve within the West Maui Mountains Watershed 
Partnership and Kanaio NAR) at Ukumehame and Kanaio, East Maui 
containing an unknown number of individuals (Corn 1980; Service 1999; 
61 FR 53108; HINHP Database 2001).
    Cenchrus agrimonioides var. agrimonioides is found in mid-elevation 
dry forest or Pleomele-Diospyros forest associated with Dodonaea 
viscosa, Osteomeles anthyllidifolia, Alyxia oliviformis, or Santalum 
ellipticum at elevations between 471 and 1,091 m (1,544 and 3,579 ft) 
(Service 1999; 61 FR 53108; HINHP Database 2001; R. Hobdy et al., pers. 
comm., 2001).
    The major threats to the only known population of Cenchrus 
agrimonioides var. agrimonioides on Maui are competition with alien 
plant species; browsing and habitat degradation by goats and cattle; 
and a risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of existing individuals 
(Service 1999; 61 FR 53108).

Centaurium sebaeoides (awiwi)

    Centaurium sebaeoides is an annual herb in the gentian family 
(Gentianaceae), with fleshy leaves and stalkless flowers. This species 
is distinguished from C. erythraea, which is naturalized in Hawaii, by 
its fleshy leaves and the unbranched arrangement of the flower cluster 
(Wagner et al. 1999).
    Centaurium sebaeoides has been observed flowering in April. 
Flowering may be induced by heavy rainfall. Populations are found in 
dry areas, and plants are more likely to be found following heavy 
rains. Other than that, little is known about the life history of this 
plant. Reproductive cycles, longevity, specific environmental 
regulations, and limiting factors are generally unknown (Service 1999; 
56 FR 55770).
    Historically and currently, Centaurium sebaeoides is known from 
Kauai, Oahu, Molokai, Lanai, and Maui. On Maui, there are three 
populations of this species, with a total of more than 50 individuals, 
on State and privately owned lands at Kahakuloa Head, Lahoole, and 
Kupaa Gulch (Wagner et al. 1999; HINHP Database 2001; Service 1999; 56 
FR 55770).
    This species typically grows in volcanic or clay soils or on cliffs 
in windward coastal areas at elevations between 0 and 194 m (0 and 636 
ft) and containing one or more of the following associated native plant 
species: Panicum torridum (kakonakona), Lysimachia mauritiana (kolokolo 
kuahiwi), Schiedea globosa (NCN), Lipochaeta integrifolia (nehe), 
Bidens mauiensis, Scaevola sericea, or Lycium sandwicense (ohelo kai) 
(Service 1999; 56 FR 55770; Wagner et al. 1999; HINHP Database 2001; R. 
Hobdy et al., pers. comm., 2001).
    The major threats to this species on Maui are habitat degradation 
by feral goats and cattle; competition from the alien plant species 
Leucaena leucocephala; trampling by humans on or near trails; and fire 
(Service 1999; 56 FR 55770).

Clermontia lindseyana (oha wai)

    Clermontia lindseyana, a short-lived perennial and a member of the 
bellflower family (Campanulaceae), is a small, branched tree that grows 
2.5 to 6 m (8.2 to 20 ft) tall. Clermontia lindseyana is either 
terrestrial or epiphytic, living on the surface of other plants. The 
upper surface of the oblong-shaped leaves is dark green while the lower 
is pale green or purplish and hairy. Leaf stalks are 2.5-7 cm (1-2.8 
in) long and hairy. Berries are 2.5-4 cm (1-1.6 in) wide, almost round, 
and orange. Clermontia lindseyana is easily separable from the other 
species within this genus by several characters: much larger leaves and 
flowers, similar petals and sepals, and spreading floral lobes. Rock 
(1962) commented on the leaves being conspicuously hairy beneath 
(Cuddihy et al. 1983; Lammers 1999).
    This species was observed in fruit from June to October, and in 
flower from February to August. Little else is known about the life 
history of Clermontia lindseyana. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1996a; 59 FR 
10305; HINHP Database 2001).
    Historically, Clermontia lindseyana was known from Maui and the 
island of Hawaii. The two Maui populations are located in Waiopai and 
Wailaulau Gulches in the Kahikinui and Kula Forest Reserves on State 
and private lands, and are estimated to total about 330 individuals 
(Service 1996a; 59 FR 10305; Arthur Medeiros, U.S. Geological Survey, 
Biological Resources Division, in litt. 2000; HINHP Database 2001; GDSI 
2001).
    On Maui, Clermontia lindseyana grows in Acacia koa mesic forest 
containing one or more of the following associated native plant 
species: Cyrtandra spp., native fern species, Ilex anomala (kawau), 
Coprosma spp., or Myrsine spp. at elevations between 1,142 and 1,870 m 
(3,747 and 6,134 ft) (HINHP Database 2001; Service 1996a; 59 FR 10305; 
R. Hobdy et al., pers. comm., 2001).
    The threats to Clermontia lindseyana are trampling and grazing by 
cattle, trampling and browsing by goats, and rooting and trampling by 
pigs; competition with the alien plant Pennisetum clandestinum; and 
consumption of berries, flowers, and vegetation by black rats (Service 
1996a; 59 FR 10305).

Clermontia oblongifolia ssp. mauiensis (oha wai)

    Clermontia oblongifolia ssp. mauiensis, a short-lived perennial and 
a member of the bellflower family (Campanulaceae), is a shrub or tree 
with oblong to lance-shaped leaves on leaf stalks (petioles). 
Clermontia oblongifolia is distinguished from other members of the 
genus by its calyx and corolla, which are similar in color and are each 
fused into a curved tube that falls off as the flower ages. The species 
is also distinguished by the leaf shape, the male floral parts, the 
shape of the flower buds, and the lengths of the leaf and flower 
stalks, the flower, and the smooth green basal portion of the flower 
(the hypanthium). Clermontia oblongifolia ssp. mauiensis is reported 
from Maui and Lanai, while ssp. oblongifolia is only known from Oahu 
and ssp. brevipes is only known from Molokai (57 FR 20772; Lammers 
1988, 1999).
    Clermontia oblongifolia ssp. mauiensis is known to flower from 
November to July. Little else is known about the life history of 
Clermontia oblongifolia ssp. mauiensis. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and

[[Page 15869]]

limiting factors are unknown (Rock 1919; Service 1997; 57 FR 20772).
    Historically, Clermontia oblongifolia ssp. mauiensis known from 
Lanai and from Honomanu Valley on Haleakala, East Maui. Currently, it 
is known from Lanai and Maui. On West Maui, this taxon is currently 
known from one population with an unknown number of individuals, at 
Kaulalewelewe on privately owned land within the West Maui Mountains 
Watershed Partnership (Service 1997; 57 FR 20772; GDSI 2001; HINHP 
Database 2001; Lammers 1999).
    This plant typically grows on the sides of ridges and ridge tops in 
Metrosideros polymorpha-dominated montane wet forests at elevations 
between 414 and 1,764 m (1,358 and 5,787 ft) and containing one or more 
of the following associated native plant species: Dicranopteris 
linearis, Ilex anomala, Myrsine spp., Cheirodendron spp. (NCN), 
Coprosma spp., Clermontia spp., Hedyotis spp., or Melicope spp. 
(Service 1997; 57 FR 20772; HINHP Database 2001; R. Hobdy et al., pers. 
comm., 2001).
    The only known population of this species on Maui is vulnerable to 
extinction from a natural or human-caused environmental disturbance due 
to its small size; depressed reproductive vigor; competition with the 
alien plan species Tibouchina herbacea; and habitat degradation by 
feral pigs (Service 1997; 57 FR 20772).

Clermontia peleana (oha wai)

    Clermontia peleana, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is an epiphytic shrub or 
tree that grows on native trees and tree ferns. Two subspecies are 
recognized: C. peleana ssp. singuliflora (greenish-white petals) and C. 
peleana ssp. peleana (blackish-purple petals). This species can be 
separated from other Hawaiian members of the genus by its epiphytic 
growth, small triangular green calyx lobes, and single-lipped flowers 
(Lammers 1999).
    Clermontia peleana has been observed in flower during June and 
November, and in fruit during November. Little else is known about the 
life history of Clermontia peleana. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1996a; 59 FR 
10305; HINHP Database 2001).
    Clermontia peleana ssp. singuliflora was formerly found on the 
island of Hawaii and on East Maui, but has not been seen in either 
place since the early 1900s (HINHP Database 2001; Wagner et al. 1999, 
L. Perry, pers. comm., 2000; Service 1996a; 59 FR 10305).
    Nothing is known of the preferred habitat of or native plant 
species: associated with Clermontia peleana on the island of Maui 
(Service 1996a; 59 FR 10305; R. Hobdy et al., pers. comm., 2001).
    Nothing is known of the threats to Clermontia peleana on the island 
of Maui (Service 1996a; 59 FR 10305).

Colubrina oppositiofolia (kauila)

    Colubrina oppositiofolia, a member of the buckthorn family 
(Rhamnaceae), is a long-lived tree with extremely hard red wood. This 
species is readily distinguished from the other species in Hawaii by 
the opposite leaf position, dull leaf surface, and entire leaf margins 
(Wagner et al. 1999).
    This species has been observed in fruit and flower in September and 
June, and in flower during December and January. Little else is known 
about the life history of Colubrina oppositiofolia. Flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (HINHP 
Database 2001; Service 1996a; 59 FR 10305).
    Historically and currently, Colubrina oppositiofolia is known from 
Oahu, Maui, and the Island of Hawaii. Currently on Maui, there are two 
populations containing one individual each on privately owned land in 
Honokawai and in Auwahi in the Hana District (Service 1996a; 59 FR 
10305; Warshauer 1998; GDSI 2001; HINHP Database 2001).
    Habitats of this species are lowland dry and mesic forests 
dominated by Diospyros sandwicensis, at elevations between 192 and 929 
m (630 and 3,047 ft) and containing one or more of the following 
associated native plant species: Dodonaea viscosa, Canavalia spp. 
(awikiwiki), Wikstroemia spp., Psydrax odorata, Pleomele auwahiensis, 
Freycinetia arborea (ieie), Metrosideros polymorpha, Microlepia 
strigosa, Bidens micrantha spp. micrantha (kookoolau), or Reynoldsia 
sandwicensis (HINHP Database 2001; Service 1996a; 59 FR 10305; R. Hobdy 
et al., pers. comm., 2001).
    The threats to this species on Maui are habitat destruction by 
feral pigs; competition with the alien plants Lantana camara, 
Pennisetum setaceum, or Schinus terebinthifolius; black twig borer; 
Chinese rose beetles (Adoretus sinicus); fire; and its small population 
numbers and limited distribution (Service 1996a; 59 FR 10305).

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 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 (the 
membrane enclosing the sori) is whitish before wrinkling, thin, 
suborbicular with a narrow sinus extending about half way, glabrous 
except for a circular margin which is ciliolate with simple several-
celled glandular and nonglandular hairs arising directly from the 
margin or from the deltoid base. 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. 
Flowering cycles, pollination vectors, seed dispersal agents, specific 
environmental requirements, and limiting factors are unknown (Service 
1998a; 59 FR 49025).
    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. On Maui, there are currently six 
populations with 41 individuals on State (West Maui Forest Reserve) and 
privately owned lands at Honolua, Kahana, Honokawai, Wahikuli, Kapilau 
Ridge, Paupau, and Hukoula within the West Maui Mountains Watershed 
Partnership (GDSI 2001; H. Oppenheimer, in litt. 2000; K. Wood, pers. 
comm., 2000; J. Lau, pers. comm., 2000 and in litt. 2000; HINHP 
Database 2001; Service 1998a; 59 FR 49025).
    This species is found in the forest understory, in Metrosideros 
polymorpha montane wet forest or diverse mesic forest at elevations 
between 74 and 1,593 m (243 and 5,226 ft) and containing one or more of 
the following native plant species: Alyxia oliviformis, Freycinetia 
arborea, Coprosma spp., Pleomele spp. (hala pepe), Sadleria spp., 
Doodia spp. (okupukupu lauii), Pittosporum spp. (hoawa), Dryopteris 
spp. (NCN), Bobea spp. (ahakea), Antidesma spp. (hame), Peperomia spp. 
(ala ala wainui), Dicranopteris linearis, Schiedea pubescens var. 
pubescens (NCN), Hibiscus kokio ssp. kokio

[[Page 15870]]

(kokio), Hedyotis terminalis, Pritchardia spp., Remya mauiensis, 
Canavalia spp., Myrsine spp., Psychotria spp., or Xylosma spp. (Service 
1998a; 59 FR 49025; HINHP Database 2001; H. Oppenheimer, pers. comm., 
2000; R. Hobdy et al., pers. comm., 2001).
    The primary threats to Ctenitis squamigera are habitat degradation 
by feral pigs, goats, and axis deer; competition with alien plant 
species, especially Psidium cattleianum and Schinus terebinthifolius; 
fire; and extinction from naturally occurring events due to the small 
number of existing populations and individuals (Service 1998a; 59 FR 
49025).

Cyanea grimesiana ssp. grimesiana (haha)

    Cyanea grimesiana ssp. grimesiana, a short-lived member of the 
bellflower family (Campanulaceae), is a perennial shrub with pinnately 
divided leaves. This species is distinguished from others in this 
endemic Hawaiian genus by the pinnately lobed leaf margins and the 
width of the leaf blades. This subspecies is distinguished from the 
other two subspecies by the shape and size of the calyx lobes, which 
overlap at the base (Lammers 1990).
    On Molokai, flowering plants have been reported in July and August. 
Little else is known about the life history of Cyanea grimesiana ssp. 
grimesiana. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999; 61 FR 53108).
    Historically and currently, Cyanea grimesiana ssp. grimesiana is 
known from Oahu, Molokai, Lanai, and scattered locations on Maui. 
Currently on Maui, there are two populations with a total of five 
individuals on privately owned land in Iao Valley and Kapilau Ridge 
(Service 1999; 61 FR 53108; GDSI 2001; HINHP Database 2001).
    This species is typically found on rocky or steep slopes of stream 
banks in wet forest gulch bottoms often dominated by Metrosideros 
polymorpha at elevations between 312 and 1,617 m (1,024 and 5,305 ft) 
and containing one or more of the following associated native plant 
species: Antidesma spp., Bobea spp., Myrsine spp., Nestegis 
sandwicensis, Psychotria spp., or Xylosma spp. (Service 1999; 61 FR 
53108; R. Hobdy et al., pers. comm., 2001).
    The threats to this species on Maui are habitat degradation and/or 
destruction caused by axis deer, goats, and pigs; competition with 
various alien plants; randomly naturally occurring events that could 
cause extinction due to the small number of existing individuals; 
trampling by hikers; landslides; rats; and slugs (Service 1999; 61 FR 
53108).

Cyanea lobata (haha)

    Cyanea lobata, a short-lived member of the bellflower family 
(Campanulaceae), is a sparingly branched perennial shrub with smooth to 
somewhat rough stems and oblong, irregularly lobed leaves. This species 
is distinguished from other species of Cyanea by the size of the flower 
and the irregularly lobed leaves with petioles (Lammers 1990).
    Cyanea lobata is known to flower from August to February, even in 
individuals as small as 50 cm (20 in) in height. Little else is known 
about the life history of Cyanea lobata. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Rock 1919; Degener 
1936; Service 1997; 57 FR 20772).
    Historically, Cyanea lobata was known from Lanai and West Maui. It 
is no longer extant on Lanai. On Maui, there are currently four 
populations with a total of 12 individuals on privately owned land 
within the West Maui Mountains Watershed Partnership at Kaulalewelewe, 
Honolowai, Honokohau, and Waikapu (Lammers 1999; GDSI 2001: HINHP 
Database 2001; Service 1997; 57 FR 20772).
    This species has been seen and collected on steep stream banks in 
deep shade in wet forest at elevations between 204 and 1,531 m (669 and 
5,020 ft) and containing one or more of the following associated native 
plant species: Touchardia latifolia, Morinda trimera (noni kuahiwi), 
Metrosideros polymorpha, Clermontia kakeana, Cyrtandra spp., Xylosma 
spp., Psychotria spp., Antidesma spp., Pipturus albidus, Peperomia 
spp., Touchardia latifolia, Freycinetia arborea, Pleomele spp., or 
Athyrium spp. (akolea) (Service 1997; 57 FR 20772; Lammers 1999; HINHP 
Database 2001; R. Hobdy et al., pers. comm., 2001).
    The threats to this species on Maui are habitat degradation by 
feral pigs; depressed reproductive vigor; and natural or human-caused 
environmental disturbance that could easily be catastrophic to the only 
known population due to the small number of remaining individuals and 
the limited and scattered distribution of the species (Service 1997; 57 
FR 20772).

Cyrtandra munroi (ha iwale)

    Cyrtandra munroi, a short-lived perennial and member of the African 
violet family (Gesneriaceae), is a shrub with opposite, elliptic to 
almost circular leaves which are sparsely to moderately hairy on the 
upper surface and covered with velvety, rust-colored hairs underneath. 
This species is distinguished from other species of the genus by the 
broad opposite leaves, the length of the flower cluster stalks, the 
size of the flowers, and the amount of hair on various parts of the 
plant (Wagner et al. 1999).
    Some work has been done on the reproductive biology of some species 
of Cyrtandra, but not on that of C. munroi specifically. The 
pollinators of these plants have not been identified, although studies 
indicate that a specific pollinator may be necessary for successful 
pollination. Seed dispersal may be carried out by birds which eat the 
fruits. Little else is known about the life history of Cyrtandra 
munroi. Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995b; 57 FR 20772).
    Historically and currently, Cyrtandra munroi is known from Lanai 
and West Maui. Currently on Maui, there are four populations with a 
total of approximately 1,000 individuals on private and State (West 
Maui Forest Reserve) owned lands within the West Maui Mountains 
Watershed Partnership in Kahanaiki Gulch, Pulepule Gulch, Honokahua 
Gulch, along Makamakaole Stream, and Hahakea (Wagner et al. 1999; GDSI 
2001; HINHP Database 2001; Service 1995b; 57 FR 20772).
    The habitat of this species is rich, moist to wet, moderately steep 
talus slopes in lowland wet Metrosideros polymorpha forest at 
elevations between 390 and 1,108 m (1,280 and 3,635 ft) and containing 
one or more of the following associated native plant species: Diospyros 
spp. (lama), Strongylodon ruber (nuku iiwi), Hedyotis acuminata, 
Clermontia spp., Alyxia oliviformis, Bobea spp., Coprosma spp., 
Freycinetia arborea, Melicope spp., Myrsine spp., Perrottetia 
sandwicensis, Pipturus spp. (mamaki), Pittosporum spp., Pouteria 
sandwicensis, Psychotria spp., Sadleria spp., Scaevola spp. (naupaka), 
Xylosma spp., Sicyos spp., Zanthoxylum kauense (ae), or other Cyrtandra 
spp. (Service 1995b; 57 FR 20772; HINHP Database 2001; R. Hobdy et al., 
pers. comm., 2001).
    The threats to this species on Maui are from competition with the 
alien

[[Page 15871]]

plant species Psidium cattleianum, Pluchea symphytifolia (sourbush), 
Melinis minutiflora, Rubus rosifolius, and Paspalum conjugatum; loss of 
appropriate pollinators; a very small number of extant individuals 
which can cause depressed reproductive vigor; and the effects of random 
environmental events that could easily be catastrophic to the only 
known population on Maui (Service 1995b; 57 FR 20772).

Delissea undulata (NCN)

    Delissea undulata, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is an unbranched, palm-
like, woody-stemmed tree, with a dense cluster of leaves at the tips of 
the stems. One or two knob-like structures often occur on the back of 
the flower tube. Three subspecies, all but the last of which are 
considered extinct, may be separated on the basis of leaf shape and 
margin characters: D. undulata var. kauaiensis (leaf blades are oval 
and flat-margined with sharp teeth) (Kauai), D. undulata var. 
niihauensis (leaf blades are heart shaped and flat-margined with 
shallow, rounded teeth) (Niihau) and D. undulata var. undulata (leaf 
blades are elliptic to lance-shaped and wavy-margined with small, 
sharply pointed teeth) (Maui, Hawaii). This species is separated from 
the other closely related members of the genus by its large flowers and 
berries and broad leaf bases. Delissea undulata ssp. undulata is the 
only subspecies known from Maui (Lammers 1999).
    Delissea undulata var. undulata was observed in fruit and flower 
during December. Little else is known about the life history of 
Delissea undulata var. undulata. Flowering cycles, pollination vectors, 
seed dispersal agents, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1996a; 61 FR 53124; HINHP 
Database 2001).
    Delissea undulata var. undulata was known from southwestern Maui, 
western Hawaii and Niiahu. Currently it occurs Kauai and the island of 
Hawaii (GDSI 2001; HINHP Database 2001; Linda Pratt, U.S. Geological 
Survey-Biological Resources Division, et al., pers. comm., 2001; K. 
Wood pers comm., 2001; Service 1996a; 61 FR 53124).
    Nothing is known of the preferred habitat of or native plant 
species associated with Delissea undulata var. undulata on the island 
of Maui (Service 1996a; 61 FR 53124; R. Hobdy et al., pers. comm., 
2001).
    Nothing is known of the threats to Delissea undulata var. undulata 
on the island of Maui (Service 1996a; 61 FR 53124).

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 brown or 
dark gray scales usually more than 2 cm (0.8 in) in length, fused or 
separate sori along both margins, shiny black midribs that have a 
hardened surface, and veins that do not usually encircle the sori 
(Smith 1934; Degener and Greenwell 1950; Wagner 1952).
    Little is known about the life history of Diellia erecta. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999; 59 FR 56333).
    Historically, Diellia erecta was known on Kauai, Oahu, Molokai, 
Lanai, Maui, and the island of Hawaii. Currently, it is only known from 
Molokai, Maui, and Hawaii. On Maui, there are five known populations 
with a total of 35 individual plants on State (West Maui Forest 
Reserve, Manawainui Plant Sanctuary, and Department of Hawaiian Home 
Lands) or privately owned lands within the West Maui Mountains 
Watershed Partnership in Iao Valley, Hanaulaiki, Manawainui Gulch, Near 
Polipoli in Kamaole and West of Waiopai Gulch (Service 1999; 59 FR 
56333; GDSI 2001; HINHP Database 2001).
    This species is found in steep slopes or gulch sides in deep shade 
in Acacia koa-Metrosideros polymorpha low-to mid-elevation mesic 
forests at elevations between 338 and 1,744 m (1,109 and 5,722 ft) and 
containing one or more of the following associated native plant 
species: Styphelia tameiameiae, Melicope spp., Coprosma spp., Dodonaea 
viscosa, Dryopteris unidentata (NCN), Myrsine spp., Psychotria spp., or 
Osteomeles anthyllidifolia (HINHP Database 2001; Service 1999; 59 FR 
56333; R. Hobdy et al., pers. comm., 2001).
    The major threats to Diellia erecta on Maui are habitat degradation 
by pigs, goats, and cattle; competition with alien plant species, 
including Blechnum occidentale (NCN); and random naturally occurring 
events that could cause extinction and/or reduced reproductive vigor 
due to the small number of existing individuals (Service 1999; 59 FR 
56333).

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. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a; 59 FR 49025).
    Historically, Diplazium molokaiense was found on Kauai, Oahu, 
Molokai, Lanai, and Ainahou Valley and Maliko Gulch (East Maui) and 
Wailuku (Iao) Valley and Waikapu (West Maui) on Maui. Currently, this 
species is only known from Maui. Four populations with a total of 23 
individuals are found on State (Kula and Kahikinui Forest Reserves) and 
privately owned lands within the East Maui Watershed Partnership Near 
Polipoli in Kamaole, between Kahakapao Gulch and Puu O Kakae, Honomanu, 
and Waiopai Gulch (Warshauer 1998; GDSI 2001; HINHP Database 2001; 
Service 1998a; 59 FR 49025).
    This species occurs near water courses often in proximity to 
waterfalls in lowland or montane mesic Metrosideros polymorpha-Acacia 
koa forest at elevations between 273 and 1,917 m (896 and 6,289 ft) 
(Service 1998a; 59 FR 49025; HINHP Database 2001; R. Hobdy et al., 
pers. comm., 2001).
    The primary threats on Maui are habitat degradation by feral goats, 
cattle, pigs, and axis deer; competition with alien plant species; 
decreased reproductive vigor; and extinction from randomly occurring 
natural events due to the small number of populations and individuals 
(Service 1998a; 59 FR 49025; HINHP Database 2001).

Flueggea neowawraea (mehamehame)

    Flueggea neowawraea, a long-lived perennial and a member of the 
spurge family (Euphorbiaceae), is a large tree with white oblong pores 
covering its scaly, pale brown bark. This 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 (Linney 1982; Hayden 1999).
    Individual trees of Flueggea neowawraea bear only male or female

[[Page 15872]]

flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Little else is known about the life history of Flueggea 
neowawraea. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Hayden 1999; Service 1999; 59 FR 56333).
    Historically, Flueggea neowawraea was known from the islands of 
Molokai, Oahu, Kauai, and Hawaii. Currently, populations are known from 
Kauai, Oahu, East Maui, and Hawaii. On Maui, there are three 
populations with a total of five trees on State (Department of Hawaiian 
Home Lands) and privately owned lands at Auwahi, and above the 
Lualailua and Alena (GDSI 2001; HINHP Database 2001; Mahealani 
Kaiaokamelie, (formerly with) Ulupalakua Ranch, in litt. 2000; Service 
1999; 59 FR 56333).
    Flueggea neowawraea occurs in dry or mesic forest at elevations 
between 633 and 971 m (2,078 and 3,186 ft) and containing one or more 
of the following associated native plant species: Alectryon 
macrococcus, Bobea timonioides (ahakea), Charpentiera spp. (papala), 
Myrsine lanaiensis (kolea), Tetraplasandra spp. (oheohe), Diplazium 
sandwichianum, Nesoluma polynesicum (keahi), Diospyros spp., Antidesma 
pulvinatum, Psydrax odorata, Nestegis sandwicensis, Rauvolfia 
sandwicensis (hao), Pleomele spp., Pouteria sandwicensis, or Pleomele 
auwahiensis (HINHP Database 2001; Service 1999; 59 FR 56333; R. Hobdy 
et al., pers. comm., 2001).
    The threats to the populations on Maui are the black twig borer; 
habitat degradation by feral pigs, goats, deer, and cattle; competition 
with alien plant species; depressed reproductive vigor; the risk of 
extinction from a random environmental event due to the small number of 
individuals; and predation of the fruit by rats (Service 1999; 59 FR 
56333; HINHP Database 2001).

Gouania vitifolia (NCN)

    Gouania vitifolia, a member of the buckthorn family (Rhamnaceae) 
and a short-lived perennial, is a climbing shrub with tendriled 
flowering branches. This species differs from other members of its 
genus by having flowering branches with a tendril and coarsely crenate 
(wavy) to serrate-dentate (toothed) leaf margins (Wagner et al. 1999).
    In winter and late spring the main vine of Gouania vitifolia 
produces new young side shoots which soon die. Plants have been 
observed flowering from late November to January, but flowering 
probably depends on precipitation. Little else is known about the life 
history of Gouania vitifolia. Flowering cycles, pollination vectors, 
seed dispersal agents, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1998b; 59 FR 32932).
    Historically, Gouania vitifolia was known from West Maui, the Kau 
District of the island of Hawaii, and Oahu. The species currently 
occurs on Oahu and on the island of Hawaii (GDSI 2001; Jon Giffin, 
DOFAW, in litt. 2000; Service 1998b; 59 FR 32932).
    On Maui, Gouania vitifolia typically grows on the sides of ridges 
and gulches in dry to mesic forests at elevations between 155 and 1,326 
m (509 and 4,350 ft). Associated plant species include Erythrina 
sandwicensis, Dodonaea viscosa, Hibiscus arnottianus (kokio keokeo), 
Pipturus albidus, Urera glabra (opuhe), Chamaesyce spp. (akoko), 
Psychotria spp., Hedyotis spp., Melicope spp., Nestegis sandwicensis, 
Bidens spp., Carex meyenii (NCN), and Diospyros sandwicensis (J. Lau, 
pers. comm., 2001; Service 1998b; 59 FR 32932).
    Nothing is known of the threats to Gouania vitifolia on the island 
of Maui (Service 1998b; 59 FR 32932).

Hedyotis coriacea (kio ele)

    Hedyotis coriacea, a member of the coffee family (Rubiaceae), is a 
small, short-lived perennial shrub with leathery leaves which are 
generally elliptic to oblong in shape, 3 to 8 cm (1.2 to 3.1 in) long 
and usually 1.5 to 3 cm (0.6 to 1.2 in) wide. This species is 
distinguished from others of the genus by its small, triangular calyx 
lobes, which do not enlarge in fruit, and the combination of capsules 
which are longer than wide and flower buds which are square in cross 
section (Wagner et al. 1999).
    Little is known about the life history of Hedyotis coriacea. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 57 FR 20772).
    Historically, Hedyotis coriacea was known from Oahu and the Island 
of Hawaii. Considered extinct on all islands in recent years, this 
species was discovered in 1990 by Steve Perlman in the State owned 
Lihau section of the West Maui NAR and in 1991 on the 1859 lava flow in 
the Pohakuloa Training Area, Island of Hawaii. Currently, only a single 
individual is known from West Maui on State owned land withing the West 
Maui Mountains Watershed Partnership (GDSI 2001; HINHP Database 2001; 
Service 1997; 57 FR 20772).
    Hedyotis coriacea is found on steep, rocky, slopes in dry lowland 
Dodonaea viscosa dominated shrublands at elevations between 110 and 937 
m (361 and 3,074 ft) and containing one or more of the following 
associated native plant species: Sida fallax, Gouania hillebrandii 
(NCN), Bidens menziesii (kookoolau), Lipochaeta lavarum, Myoporum 
sandwicense, or Schiedea menziesii (NCN) (HINHP Database 2001; Service 
1997; 57 FR 20772; R. Hobdy et al., pers. comm., 2001).
    The single remaining individual of Hedyotis coriacea on Maui is 
threatened by extinction from a random naturally occurring event 
(Service 1997; 57 FR 20772).

Hedyotis mannii (pilo)

    Hedyotis mannii, a member of the coffee family (Rubiaceae), is a 
short-lived perennial plant with smooth, usually erect stems 30 to 60 
cm (1 to 2 ft) long, which are woody at the base and four-angled or 
winged. The leaves are opposite, thin in texture, and elliptic to 
sometimes lance-shaped. Stipules (leaf-like appendages), which are 
attached to the slightly winged leaf stalks where they join and clasp 
the stem, are triangular. Flowers are arranged in loose clusters up to 
30 cm (1 ft) long at the ends of the stems and are either bisexual or 
female. This species' growth habit, its quadrangular or winged stems, 
the shape, size, and texture of its leaves, and its dry capsule, which 
opens when mature, separate it from other species of the genus (Wagner 
et al. 1999).
    Little is known about the life history of Hedyotis mannii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996b; 57 FR 46325).
    Currently and historically, Hedyotis mannii is known from Lanai, 
West Maui, and Molokai. On Maui, there is a single population of 
approximately 20 individuals located on private land in Kauaula Valley 
(Service 1996b; 57 FR 46325; GDSI 2001; K. Wood in litt. 2000).
    The population on Maui is found on basalt cliffs along stream banks 
in Metrosideros polymorpha-Dicranopteris linearis montane wet forest at 
elevations between 340 and 1,593 m (1,115 and 5,226 ft) and containing 
one or more of the following associated native plant species: 
Machaerina spp. (uki), Carex meyenii, Phyllostegia spp. (NCN), Hedyotis 
acuminata, Cyrtandra platyphylla (haiwale), Cyanea spp.

[[Page 15873]]

(haha), Psychotria spp., Pipturus albidus, Boehmeria grandis, Urera 
glabra, Touchardia latifolia, Cyrtandra grayi (haiwale), Cyrtandra 
hawaiensis (haiwale), or Isachne distichophylla (ohe) (K. Wood in litt. 
2000; Service 1996b; 57 FR 46325; R. Hobdy et al., pers. comm., 2001).
    Hedyotis mannii on Maui is threatened by landslides; competition 
with the alien plant species Rubus rosifolius, Ageratina adenophora, 
Buddleia asiatica (butterfly bush), Pluchea carolinensis (sourbush), 
and Clidemia hirta; and the low number of individuals makes it 
extremely vulnerable to extinction by random naturally occurring events 
(Service 1996b; 57 FR 46325; K. Wood in litt. 2000).

Hesperomannia arborescens (NCN)

    Hesperomannia arborescens, a long-lived perennial of the aster 
family (Asteraceae), is a small shrubby tree that usually stands 1.5 to 
5 m (5 to 16 ft) tall. This member of an endemic Hawaiian genus differs 
from other Hesperomannia species in having the following combination of 
characteristics: erect to ascending flower heads, thick flower head 
stalks, and usually hairless and relatively narrow leaves (Wagner et 
al. 1999).
    This species has been observed in flower from April through June 
and fruit during March and June. Little else is known about the life 
history of Hesperomannia arborescens. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1998b; 59 FR 
14482).
    Hesperomannia arborescens was formerly known from Lanai, Molokai, 
and Oahu. This species is now known from Oahu, Molokai, and Maui. There 
are currently two populations with a total of six individuals on State 
(Kahukuloa section West Maui NAR) and privately-owned lands in 
Honokohau and Lanilii within the West Maui Mountains Watershed 
Partnership (GDSI 2001; HINHP Database 2001; Service 1998b; 59 FR 
14482).
    Hesperomannia arborescens is found on slopes or ridges in lowland 
mesic or wet forest at elevations between 346 and 1,335 m (1,135 and 
4,380 ft) and containing one or more of the following associated native 
plant species: Metrosideros polymorpha, Myrsine sandwicensis (kolea), 
Isachne distichophylla, Pipturus spp., Antidesma spp., Psychotria spp., 
Clermontia spp., Cibotium spp., Dicranopteris linearis, Bobea spp., 
Coprosma spp., Sadleria spp., Melicope spp., Machaerina spp., 
Cheirodendron spp., or Freycinetia arborea (HINHP Database 2001; 
Service 1998b; 59 FR 14482; R. Hobdy et al., pers. comm., 2001).
    The major threats to Hesperomannia arborescens on Maui are habitat 
degradation by feral pigs and goats; competition with alien plant 
species; extinction due to random environmental events or reduced 
reproductive vigor due to the small number of individuals in one 
remaining population; and impact by humans (Service 1998b; 59 FR 14482; 
HINHP Database 2001).

Hesperomannia arbuscula (NCN)

    Hesperomannia arbuscula, a long-lived perennial member of the aster 
family (Asteraceae), is a small shrubby tree, 2 to 3.3 m (7 to 11 ft) 
tall. This species can be distinguished from other members of the genus 
by the erect flower heads and the leaves, usually hairy beneath, which 
are one to two times as long as wide (Wagner et al. 1999).
    Hesperomannia arbuscula usually flowers in the spring depending on 
precipitation. Seeds mature in about 6 weeks and trees live about 10 to 
15 years. Little else is known about the life history of Hesperomannia 
arbuscula. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1998b; 56 FR 55770).
    Historically and currently, Hesperomannia arbuscula is known from 
Oahu and West Maui. On Maui, this species is found in two populations 
with a total of 37 individuals, on privately owned land along the 
Waihee Stream and Nakalaloa within the West Maui Mountains Watershed 
Partnership (GDSI 2001; HINHP Database 2001; K. Wood, in litt. 1999; 
Service 1998b; 56 FR 55770).
    Hesperomannia arbuscula typically grows on steep forested slopes 
and ridges in mesic forest dominated by Metrosideros polymorpha or 
Diospyros sandwicensis at elevations between 354 and 1,453 m (1,161 and 
4,767 ft) and containing one or more of the following associated native 
plant species: Bidens spp., Tetraplasandra spp., Alyxia oliviformis, 
Clermontia spp., Cyanea spp., Cheirodendron spp., or Psychotria spp. 
(HINHP Database 2001; J. Lau, pers. comm., 2001; Service 1998b; 56 FR 
55770; R. Hobdy et al., pers. comm., 2001).
    The major threats to Hesperomannia arbuscula on Maui are habitat 
degradation by feral pigs, competition from alien plant species, 
trampling by humans, and extinction from naturally occurring random 
events due to the small number of populations (Service 1998b; 56 FR 
55770).

Hibiscus brackenridgei (ma o hau hele)

    Hibiscus brackenridgei, a short-lived perennial and a member of the 
mallow family (Malvaceae), is a sprawling to erect shrub or small tree. 
This species differs from other members of the genus in having the 
following combination of characteristics: yellow petals, a calyx 
consisting of triangular lobes with raised veins and a single midrib, 
bracts attached below the calyx, and thin stipules that fall off, 
leaving an elliptic scar. Two subspecies are currently recognized, 
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 Hibiscus brackenridgei. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999; 59 FR 56333).
    Historically, Hibiscus brackenridgei was known from the islands of 
Kauai, Oahu, Lanai, Maui, Molokai, Kahoolawe and Hawaii. Currently, 
Hibiscus brackenridgei ssp. mokuleianus is known from Oahu and from 
undocumented observations on Kauai. Hibiscus brackenridgei ssp. 
brackenridgei is currently known from Lanai, Maui, and Hawaii. On Maui, 
Hibiscus brackenridgei ssp. brackenridgei is found in five populations, 
containing 40 individuals, on State (Lihau section of West Maui NAR and 
Department of Hawaiian Home Lands) and privately owned lands at Lihau, 
Kaonohua, Keokea, and near Puu O Kali (Bates 1990; Service 1999; 59 FR 
56333; GDSI 2001; HINHP Database 2001).
    Hibiscus brackenridgei ssp. brackenridgei occurs in lowland dry 
forest sometimes with Erythrina sandwicensis as the dominant tree at 
elevations between 43 and 610 m (141 and 2,001 ft) and containing one 
or more of the following associated native plant species: Myoporum 
sandwicense, Chenopodium spp. (aheahea), Achyranthes spp. (NCN), 
Nototrichium spp., Diospyros spp., Chamaesyce celastroides var. 
lorifolia, Dodonaea viscosa, Psydrax odorata, Schiedea salicaria (NCN), 
Lipochaeta lavarum, annual Panicum spp., or Sida fallax (HINHP Database 
2001; Service 1999; 59

[[Page 15874]]

FR 56333; R. Hobdy et al., pers. comm., 2001).
    The primary threats to Hibiscus brackenridgei ssp. brackenridgei on 
Maui and or Kahoolawe are habitat degradation and possible predation by 
pigs, goats, cattle, axis deer, and rats; competition with alien plant 
species; fire; and susceptibility to extinction caused by random 
environmental events or reduced reproductive vigor due to small 
population size and a limited number of populations (Service 1999; 59 
FR 56333).

Ischaemum byrone (Hilo ischaemum)

    Ischaemum byrone, a short-lived 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 (slender bristle) and two-flowered, and a 
dichotomously- or trichotomously-branching (forking or branching in 
two's or three's) inflorescence (O'Connor 1999).
    Little is known about the life history of Ischaemum byrone. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a; 59 FR 10305).
    Historically, Ischaemum byrone was reported from Oahu, Molokai, 
East Maui, the Island of Hawaii, and an undocumented site on Kauai. 
Currently, this species is found on Kauai, Molokai, Hawaii, and Maui. 
On Maui, it is currently found State and privately owned lands at 
Keopuka Rock, Paupalu Point, Moku Huki, West of Kalahu Point, between 
Keakulikuli Point and Pukaulua Point, and Kauiki Head. There is a total 
of six populations with less than 2,000 individuals (GDSI 2001; HINHP 
Database 2001; Service 1996a; 59 FR 10305).
    Ischaemum byrone grows in close proximity to the ocean, among rocks 
or on basalt cliffs in windward coastal dry shrubland at elevations 
between 0 and 190 m (0 and 623 ft) and containing one or more of the 
following associated native plant species: Bidens spp., Fimbristylis 
cymosa (mauu akiaki), or Scaevola sericea (HINHP Database 2001; Service 
1996a; 59 FR 10305; R. Hobdy et al., pers. comm., 2001).
    The most serious threat to Ischaemum byrone is the invasion of 
alien plant species, particularly Digitaria ciliaris (Henry's 
crabgrass), Ardisia elliptica (shoebutton ardisia) and Casuarina 
equisetifolia (ironwood). Additionally, fire may pose a threat in areas 
infested with alien grasses, provided enough fuel is present. Other 
potential threats include grazing and browsing by goats and axis deer. 
Disturbance incurred from these ungulates further promotes the 
introduction and establishment of alien weeds. Some populations are 
also threatened by residential development (Service 1996a; 59 FR 10305; 
HINHP Database 2001).

Isodendrion pyrifolium (wahine noho kula)

    Isodendrion pyrifolium, a short-lived 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 (stalk) is 
subtended by oval, hairy stipules. Fragrant, bilaterally symmetrical 
flowers are solitary. The flower stalk is white-hairy, and subtended by 
two bracts. Bracts arise at the tip of the main flower stalk. 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 1 to 2 months later. Little else is known about the life 
history of Isodendrion pyrifolium. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1996a; 59 FR 
10305).
    Isodendrion pyrifolium is known historically from six of the 
Hawaiian Islands: Niihau, Molokai, Lanai, Oahu, Maui, and the island of 
Hawaii. Currently, it is only found on the island of Hawaii (Service 
1996a; 59 FR 10305; GDSI 2001; HINHP Database 2001; Marie Bruegmann, 
Service, pers. comm., 2000).
    On Maui, Isodendrion pyrifolium occurs in dry shrubland at 
elevations between 54 and 557 m (177 and 1,827 ft) with one or more of 
the following associated native plant species: Psydrax odorata, 
Capparis sandwichiana, Dodonaea viscosa, or Myoporum sandwicense (J. 
Lau, pers. comm., 2001; Service 1996a; 59 FR 10305; R. Hobdy et al., 
pers. comm., 2001).
    Nothing is known of the threats to Isodendrion pyrifolium on the 
island of Maui (Service 1996a; 59 FR 10305).

Lysimachia lydgatei (NCN)

    Lysimachia lydgatei, a short-lived perennial member of the primrose 
family (Primulaceae), is a sprawling, branched shrub with stems from 1 
to 1.3 m (3 to 4 ft) long. This species is distinguished from others in 
the genus by the dense hairs on both the upper and lower surfaces of 
mature leaves (Wagner et al. 1999).
    Little is known about the life history of Lysimachia lydgatei. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 57 FR 20772).
    Lysimachia lydgatei was known historically from a gulch behind 
Lahaina on West Maui and from Oahu. Currently, it is found only on Maui 
on State (Lihau section of West Maui NAR and the West Maui Forest 
Reserve) and privately owned lands Helu, Lihau, east of Halepohaku, and 
Ulaula within the West Maui Mountains Watershed Partnership. The four 
Maui populations number approximately 240 individuals (Wagner et al. 
1999; HINHP Database 2001; GDSI 2001; Service 1997; 57 FR 20772).
    Lysimachia lydgatei typically grows on the sides of steep ridges in 
Metrosideros polymorpha-Dicranopteris linearis dominated wet to mesic 
shrubland or Metrosideros-Cheirodendron spp. montane forest at 
elevations between 829 and 1,432 m (2,720 and 4,698 ft) and containing 
one or more of the following associated native plant species: 
Lycopodium spp. (wawae iole), Ilex anomala, Dodonaea viscosa, Vaccinium 
spp., Eurya sandwicensis (anini), Styphelia tameiameiae, Coprosma spp., 
Ochrosia spp. (holei), Astelia spp. (painiu), Broussaisia arguta, or 
mat ferns such as Dicranopteris spp. (HINHP Database 2001; Service 
1997; 57 FR 20772; R. Hobdy et al., pers. comm., 2001).
    The greatest threats to Lysimachia lydgatei are the threat of 
extinction from a random environmental event due to the small number of 
populations; competition with alien plant species such as Rubus 
argutus; and fire (Service 1997; 57 FR 20772).

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.

[[Page 15875]]

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. Little else is known about the life history of 
Mariscus pennatiformis. Flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (Service 1999; 59 FR 56333).
    Historically, Mariscus pennatiformis was known from Kauai, Oahu, 
East Maui (Keanae Valley, Hana, and Nahiku), 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. 
One population of approximately 30 individuals is found on State owned 
land near the mouth of Hanawi Stream (HINHP Database 2001; GDSI 2001; 
K. Wood in litt. 1999; Service 1999; 59 FR 56333).
    On Maui, Mariscus pennatiformis ssp. pennatiformis is found on 
cliffs with brown soil and talus within reach of ocean spray in 
Pandanus tectorius (hala) coastal wet forests at elevations between 0 
and 188 m (0 and 615 ft) and containing one or more of the following 
associated native plant species: Sadleria pallida, Lysimachia 
mauritiana (kolokolo kuahiwi), Cyperus laevigatus (makaloa), Eragrostis 
spp. (NCN), or Ipomoea spp. (morning glory) (HINHP Database 2001; K. 
Wood in litt. 1999; J. Lau, pers. comm., 2001; Service 1999; 59 FR 
56333).
    Threats to the only known population of Mariscus pennatiformis ssp. 
pennatiformis on Maui include grazing and habitat destruction caused by 
ungulates; competition from alien plant species; and extinction from 
random naturally occurring events (Service 1999; 59 FR 56333).

Melicope knudsenii (alani)

    Melicope knudsenii, a long-lived perennial and 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 species is 
distinguished from M. haupuensis and other members of the genus by the 
distinct carpels present in 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 1995a; 59 FR 9304).
    Historically and currently, Melicope knudsenii was known from the 
southeast slope of Haleakala on Maui and from Kauai. Currently on Maui, 
there is one population with three individuals on State (Department of 
Hawaiian Home Lands) and privately owned lands from Puu Mahoe to east 
of Puu Ouli (GDSI 2001; HINHP Database 2001; Service 1995a; 59 FR 
9304).
    Melicope knudsenii grows in Nestegis-Pleomele mixed open dry 
forests at elevations between 648 and 1,331 m (2,125 and 4,367 ft) and 
containing one or more of the following associated native plant 
species: Dodonaea viscosa, Osteomeles anthyllidifolia, Alphitonia 
ponderosa, Santalum ellipticum, or Xylosma hawaiiensis (HINHP Database 
2001; Service 1995a; 59 FR 9304; R. Hobdy et al., pers. comm., 2001).
    Threats to Melicope knudsenii include habitat degradation by alien 
animals, such as goats, cattle, and pigs; reduced reproductive vigor; 
fire; natural aging and death; and invasive plant species, such as 
Pennisetum clandestinum (Service 1995a; 59 FR 9304).

Melicope mucronulata (alani)

    Melicope mucronulata, a long-lived perennial of the rue family 
(Rutaceae), is a small tree up to 4 m (13 ft) tall with oval to 
elliptic-oval leaves, 8 to 16 cm (3 to 6.5 in) long and 3.5 to 6.5 cm 
(1.5 to 2.5 in) wide. This species is distinguished from others in the 
genus by the growth habit, the number of flowers in each flower 
cluster, the size and shape of the fruit, and the degree of hairiness 
of the leaves and fruit walls (Stone et al. 1999).
    Little is known about the life history of Melicope mucronulata. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 57 FR 20772).
    First discovered in 1920 in Kanaio, East Maui, Melicope mucronulata 
was not relocated until 1983 when it was reported from privately owned 
land with an unknown number of plants in Auwahi. This species was also 
found 2 years later on East Molokai (Stone et al. 1999; GDSI 2001; 
HINHP Database 2001; Service 1997; 57 FR 20772).
    Melicope mucronulata typically grows on gentle south-facing slopes 
in lowland dry to mesic forest at elevations between 625 and 1,331 m 
(2,050 and 4,367 ft) and containing one or more of the following 
associated species: Pleomele auwahiensis, Dodonaea viscosa, Nestegis 
sandwicensis, Pouteria sandwicensis, Antidesma pulvinatum, Streblus 
pendulinus, and Melicope hawaiensis (alani) (Service 1997; 57 FR 20772; 
J. Lau, pers. comm., 2001).
    The major threat to the continued existence of the only known 
population of Melicope mucronulata on Maui is the risk of extinction 
from a random environmental event. Habitat degradation by goats and 
pigs, predation by goats, and competition with alien plant species, 
particularly Melinis minutiflora, also pose immediate threats to this 
species (Service 1997; 57 FR 20772).

Neraudia sericea (NCN)

    Neraudia sericea, a short-lived perennial member of the nettle 
family (Urticaceae), is a 3 to 5 m (10 to 16 ft) tall shrub with 
densely hairy branches. The elliptic or oval leaves have smooth margins 
or slightly toothed margins on young leaves. The upper leaf surface is 
moderately hairy and the lower leaf surface is densely covered with 
irregularly curved, silky gray to white hairs along the veins. The male 
flowers may be stalkless or have short stalks. The female flowers are 
stalkless and have a densely hairy calyx that is either toothed, 
collar-like, or divided into narrow unequal segments. The fruits are 
achenes with the apical section separated from the basal portion by a 
deep constriction. Seeds are oval with a constriction across the upper 
half. Neraudia sericea differs from the other four closely related 
species of this endemic Hawaiian genus by the density, length, color, 
and posture of the hairs on the lower leaf surface and by its mostly 
entire leaf margins (Wagner et al. 1999).
    Little is known about the life history of Neraudia sericea. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Neraudia sericea was known historically from Molokai, Lanai, 
Olowalu Valley on West Maui, the southern slopes of Haleakala on East 
Maui, and from Kahoolawe. Currently, this species is known from Molokai 
and Maui. On Maui, three populations totaling more than five 
individuals are found on State (Department of Hawaiian

[[Page 15876]]

Home Lands) and privately owned lands in Pohakea Gulch (West Maui) and 
in Manawainui and Kamole Gulches (East Maui) (GDSI 2001; HINHP Database 
2001; M. Kaiaokamelie, in litt. 2000; Service 1999; 59 FR 56333).
    Neraudia sericea generally occurs in dry to mesic Metrosideros 
polymorpha-Dodonaea viscosa-Styphelia tameiameiae shrubland or forest 
or Acacia koa forest at elevations between 198 and 1,658 m (650 and 
5,439 ft) and containing one or more of the following associated native 
plant species: Urera glabra, Cyrtandra oxybapha (haiwale), Cyrtandra 
spp., Sida fallax, Diospyros spp., Bobea spp., Coprosma spp., or 
Hedyotis spp. (Wagner et al. 1999; HINHP Database 2001; M. Bruegmann, 
in litt. 1995; Service 1999; 59 FR 56333; R. Hobdy et al., pers. comm., 
2001).
    The primary threats to Neraudia sericea on Maui are habitat 
degradation by feral pigs and goats; competition with the alien plant 
species, Melinus minutiflora, Pennisetum clandestinum, Holcus lanatus, 
Cymbopogon refractus (barbwire grass), and alien Eragrostis spp. (love 
grass); and a risk of extinction due to random environmental events 
(Service 1999; 59 FR 56333).

Nototrichium humile (kulu i)

    Nototrichium humile, a member of the amaranth family 
(Amaranthaceae), is an upright to trailing shrub with branched stems to 
1.5 m (5 ft) long. Stems and young leaves are covered with short hairs. 
Leaves are oppositely arranged, oval to oblong in outline, 3 to 9 cm 
(1.2 to 3.5 in) long, and 2 to 5 cm (0.8 to 2.0 in) wide. Stalkless 
flowers are arranged in a spike at the ends of the stem. Membranous 
bracts grow below each flower. Two of the bracts and the sepals fall 
off with the mature fruit. This species is distinguished from the only 
other species in the genus by its inflorescence, a slender spike 4 mm 
(0.2 in) in diameter or less, which is covered with short hairs (Wagner 
et al. 1999).
    Nototrichium humile has been observed flowering after heavy rain, 
but flowering is generally heaviest in the spring and summer. Fruits 
mature a few weeks after flowering. In cultivation, this species is 
known to live for more than a decade. Little else is known about the 
life history of Nototrichium humile. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1998b; 56 FR 
55770).
    Historically, Nototrichium humile was known from Oahu and Maui. It 
currently occurs only on Oahu. On Maui, Nototrichium humile was last 
seen in the wild by Robert Hobdy in 1979 in Pohakea Gulch (HINHP 
Database 2001; Service 1998b; 56 FR 55770).
    On Maui, Nototrichium humile occurred on old cinder cones in dry 
shrubland at elevations between 338 and 734 m (1,110 and 2,407 ft) with 
one or more of the following associated native plant species: Dodonaea 
viscosa, Erythrina sandwicensis, Heteropogon contortus, and 
Nototrichium sandwicense (J. Lau, pers. comm., 2001; Service 1998b; 56 
FR 55770).
    Nothing is known of the threats to Nototrichium humile on the 
island of Maui (Service 1998b; 56 FR 55770).

Peucedanum sandwicense (makou)

    Peucedanum sandwicense, a member of the parsley family (Apiaceae), 
is a short-lived, parsley-scented, sprawling herb. Hollow stems arise 
from a short, vertical, perennial stem with several fleshy roots. This 
species is the only member of the genus in the Hawaiian Islands 
(Constance and Affolter 1999).
    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 1995a; 59 FR 9304).
    Historically and currently, Peucedanum sandwicense is known from 
Molokai, Maui, and Kauai. Discoveries in 1990 extended the known 
distribution of this species to the island of Oahu. Currently, on Maui 
there are three populations on State and privately owned lands at 
Keopuka Islet, near Pauwalu Point, and east of Hanawi Stream, with a 
total of 32 individuals (Service 1995a; 59 FR 9304; GDSI 2001; HINHP 
Database 2001).
    This species grows sparsely vegetated steep to vertical cliff 
habitats with little soil in mesic or coastal communities at elevations 
between 0 and 1,131 m (0 and 3,711 ft) and containing one or more of 
the following associated native species: Artemisia australis, 
Eragrostis spp., Metrosideros polymorpha, Carex spp., Bidens spp., 
Diospyros sandwicensis, Chamaesyce spp., Peperomia spp., Pandanus 
tectorius, Scaevola sericea, Lysimachia mauritiana, Schiedea globosa 
(NCN), or Hedyotis littoralis (NCN) (Constance and Affolter 1999; 
Service 1995a; HINHP Database 2001; 59 FR 9304; R. Hobdy et al., pers. 
comm., 2001; J. Lau pers. comm., 2001).
    Competition with introduced plants is the major threat to 
Peucedanum sandwicense on Keopuka Rock. Additionally, small population 
sizes also make the species subject to extinction due to random 
environmental events (Service 1995a; 59 FR 9304).

Phlegmariurus mannii (wawae iole)

    Phlegmariurus mannii (=Huperzia mannii, = Lycopodium mannii), a 
short-lived member of the clubmoss family (Lycopodiaceae), is a hanging 
epiphyte (growing on the outside of other plants instead of being 
rooted in the ground) with clustered, delicate red stems and forked 
reproductive spikes. These traits distinguish it from others in the 
genus in Hawaii (Degener and Degener 1959; St. John 1981; Wagner and 
Wagner 1992).
    Little is known about the life history of Phlegmariurus mannii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997; 57 FR 20772).
    Historically, Phlegmariurus mannii was known from Kauai, West Maui 
(Haelaau and Hanaula), and the Island of Hawaii. Currently, this 
species is found on Maui and Hawaii. On Maui, this species is now known 
on State (Lihau section West Maui NAR, Makawao Forest Reserve, 
Department of Hawaiian Home Lands, and Kipahulu Forest Reserve), 
Federal and privately owned lands in Honokohau, Lihau, Puu Okakae, 
Manawainui, Healani Stream, Puu Ahulili, and Kaapahu within the East 
Maui Watershed Partnership and the West Maui Mountains Watershed 
Partnership. There are seven populations with a total of 22 individuals 
on Maui (GDSI 2001; HINHP Database 2001; Service 1997; 57 FR 20772).
    On Maui, Phlegmariurus mannii typically grows as an epiphyte on 
Metrosideros polymorpha, Dodonaea viscosa and Acacia koa trees in moist 
protected gulches or mossy tussocks in mesic to wet montane 
Metrosideros polymorpha-Acacia koa forests or wet montane Metrosideros 
polymorpha-Acacia koa forests at elevations between 446 and 1,688 m 
(1,464 and 5,539 ft) and containing one or more of the following 
associated native plant species: Thelypteris spp. (NCN), Athyrium spp., 
Styphelia tameiameiae, Cyanea spp., Machaerina spp., Cyrtandra spp., 
Sadleria spp., Vaccinium spp., Astelia menziesii (kaluaha), Coprosma 
spp., Cheirodendron trigynum, or Ilex anomala (Service 1997; 57 FR 
20772; R. Hobdy et al., pers. comm., 2001).
    The primary reasons for the endangerment of this species are 
habitat alteration by goats, cattle and pigs, and the impacts of alien 
plant species. Additionally, small population sizes

[[Page 15877]]

also make the species subject to extinction due to random environmental 
events (Service 1997; 57 FR 20772).

Phyllostegia mannii (NCN)

    Phyllostegia mannii, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing vine with many-branched, four-sided, hairy 
stems. The opposite, hairy leaves, which are shaped like narrow 
triangles or narrow triangular ovals, have coarsely toothed margins. 
Clusters of four to six white flowers are arranged in each of several 
false whorls along an unbranched flowering stem. The fruits are fleshy, 
dark-green to black nutlets (dry seeds with a hard outer covering). 
This species is distinguished from others in the genus by its 
hairiness; its thin, narrow leaves, which are not pinnately divided; 
and the usually six flowers per false whorl in a terminal inflorescence 
(Wagner et al. 1999).
    This species was observed with fruit in July. Little else is known 
about the life history of Phyllostegia mannii. Flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1996b; 57 FR 46325).
    Historically, Phyllostegia mannii was found from Hanalilolilo to 
Ohialele on East Molokai and at Ukulele on East Maui. It has not been 
seen on Maui for over 70 years. This species is now known only from 
Molokai (HINHP Database 2001; Service 1996b; 57 FR 46325).
    On Maui, Phyllostegia mannii occurs in gentle slopes and the steep 
sides of gulches in mesic to wet forest dominated by Acacia koa and/or 
Metrosideros polymorpha at elevations between 1,069 and 1,615 m (3,506 
and 5,297 ft) with one or more of the following associated native plant 
species: Cheirodendron trigynum, Melicope spp., Alyxia oliviformia, 
Diplazium sandwichianum, Myrsine lessertiana, or Dicranopteris linearis 
(J. Lau, pers. comm., 2001; Service 1996b; 57 FR 46325).
    Nothing is known of the threats to Phyllostegia mannii on the 
island of Maui (Service 1996b; 57 FR 46325).

Phyllostegia mollis (NCN)

    Phyllostegia mollis, a short-lived member of the mint family 
(Lamiaceae), grows as a nearly erect, densely hairy, nonaromatic, 
perennial herb. Leaves are oval in outline with rounded teeth. Flowers, 
usually in groups of six, are spaced along a stem; there are two 
shorter flowering stems directly below the main stem. The flowers have 
fused sepals and white petals fused into a tube and flaring into a 
smaller upper and a larger lower lip. Fruits are fleshy, dark green to 
black nutlets. A suite of technical characteristics concerning the kind 
and amount of hair, the number of flowers in a cluster, and details of 
the various plant parts separate this species from other members of the 
genus (Wagner et al. 1990).
    Individual Phyllostegia mollis plants live for approximately 5 
years. The species is known to flower in late winter and spring. Little 
else is known about the life history of Phyllostegia mollis. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998b; 56 FR 55770).
    Historically, Phyllostegia mollis was known from Oahu, Molokai, and 
East Maui. Currently, this species is only known from Oahu and Maui. On 
East Maui, a single population of an unknown number of individuals 
remains on State (on the border of Kahikinui Forest Reserve and 
Department of Hawaiian Home Lands) land in Waiopai Gulch (Wagner et al. 
1999; GDSI 2001; HINHP Database 2001; Service 1998b; 56 FR 55770).
    Phyllostegia mollis typically grows on steep slopes and in gulches 
in mesic forests dominated by Metrosideros polymorpha and/or Acacia koa 
at elevations between 1,144 and 1,970 m (3,754 and 6,463 ft). 
Associated native plant species include Cheirodendron trigynum, 
Melicope spp., Diplazium sandwichianum, Myrsine lessertiana, and Alyxia 
oliviformis (J. Lau, pers. comm., 2001; Service 1998b; 56 FR 55770).
    The major threats to Phyllostegia mollis are competition from the 
alien plant species Rubus spp. and Schinus terebinthifolius; and a risk 
of extinction of the only known population of this species on Maui due 
to random environmental events (Service 1998b; 56 FR 55770).

Phyllostegia parviflora (NCN)

    Phyllostegia parviflora, a member of the mint family (Lamiaceae), 
is a perennial herb with forward-bending hairs on the stems and 
straight or slightly curved hairs on the flowering stalk. The species 
is distinguished from others of the genus by the egg-shaped to broadly 
egg-shaped leaves, leaf stalks usually 6 to 13.5 cm (2.4 to 5.3 in) 
long, and the lower corolla lip 6 to 9 mm (0.24 to 0.36 in) long. 
Phyllostegia parviflora var. glabriuscula has fewer glandular hairs in 
the inflorescence, less pubescent leaves, and usually unbranched 
inflorescences compared with Phyllostegia parviflora var. parviflora. 
Phyllostegia parviflora var. lydgatei has shorter leaf stalks, 
spreading hairs on the leaf stalks, and fewer gland-tipped hairs in the 
inflorescence. At the time of listing of this species only two 
varieties were recognized, glabriuscula and parviflora. Subsequent to 
the final rule listing this species in 1996, we became aware of 
Wagner's (1999) taxonomic treatment of this group in which P. 
parviflora var. lydgatei was changed to variety status and recognized 
as distinct from P. parviflora var. parviflora. Wagner's (1999) 
treatment is cited in the supplement in the revised edition of the 
Manual of the Flowering Plants of Hawaii as the basis for recognizing 
P. parviflora var. lydgatei. This name change will be addressed in a 
future Federal Register notice (Wagner et al. 1999).
    Historically Phyllostegia parviflora was known from three islands, 
Oahu, Hawaii, and Maui. This species is now known only from two 
populations on Oahu (HINHP Database 2001; GDSI 2001; Service 1999; 61 
FR 53108).
    Nothing is known of the preferred habitat of or native plant 
species associated with Phyllostegia parviflora on the island of Maui 
(Service 1999; 61 FR 53108; R. Hobdy et al., pers. comm., 2001).
    Nothing is known of the threats to Phyllostegia parviflora on the 
island of Maui (Service 1999; 61 FR 53108).

Plantago princeps (laukahi kuahiwi)

    Plantago princeps, a short-lived member of the plantain family 
(Plantaginaceae), is a small shrub or robust perennial herb. This 
species differs from other native members of the genus in Hawaii by its 
large branched stems, flowers at nearly right angles to the axis of the 
flower cluster, and fruits that break open at a point two-thirds from 
the base. The four varieties, anomala, laxiflora, longibracteata, and 
princeps, are distinguished by the branching and pubescence of the 
stems; the size, pubescence, and venation of the leaves; the density of 
the inflorescence; and the orientation of the flowers (Wagner et al. 
1999).
    Individuals have been observed in fruit from April through 
September. Little else is known about the life history of Plantago 
princeps. Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Plantago princeps is historically and currently found on Kauai, 
Oahu, Molokai, and Maui. It is no longer extant on the island of 
Hawaii. Plantago princeps var. anomala is currently

[[Page 15878]]

known from Kauai and Oahu; var. longibracteata is known from Kauai and 
Oahu; var. princeps is known from Oahu; and var. laxiflora is known 
from Molokai and Maui. On Maui, there are five populations of Plantago 
princeps var. laxiflora, with a total of 118 individuals, on Federal 
(Haleakala National Park) and privately owned lands within the East 
Maui Watershed Partnership. This variety is found at Kahoolewa Ridge, 
Nakalaloa Stream, Iao Valley near the Needle, Hanakauhi, the west side 
of Kaupo Gap, and Palikea Stream (Service 1999; 59 FR 56333; GDSI 2001; 
HINHP Database 2001).
    On Maui, Plantago princeps var. laxiflora is typically found on 
basalt cliffs that are windblown with little vegetation in Metrosideros 
polymorpha lowland wet forest; or Acacia koa-Metrosideros polymorpha 
montane wet forest; or Metrosideros polymorpha montane wet shrubland at 
elevations between 281 and 2,539 m (922 and 8,329 ft) and containing 
one or more of the following associated native plant species: 
Eragrostis variabilis, Hedyotis formosa, Dubautia plantaginea spp. 
humilis, Pipturus albidus, Perrottetia sandwicensis, Touchardia 
latifolia, Dryopteris spp., various other ferns, Cyanea spp, and 
Melicope ovalis, Bidens micrantha ssp. kalealaha, Chamaesyce 
celastroides, Styphelia tameiameiae or Dubautia menziesii (Service 
1999; 59 FR 56333; HINHP Database 2001; R. Hobdy et al., pers. comm., 
2001).
    The primary threats to Plantago princeps var. laxiflora on Maui are 
herbivory and habitat degradation by feral pigs and goats and 
competition with various alien plant species (Service 1999; 59 FR 
56333).

Platanthera holochila (NCN)

    Platanthera holochila, a short-lived, perennial member of the 
orchid family (Orchidaceae), is an erect, deciduous herb. The stems 
arise from underground tubers, the pale green leaves are lance to egg-
shaped and the greenish-yellow flowers occur in open spikes. This is 
the only species of this genus that occurs in the Hawaiian Islands 
(Wagner et al. 1999).
    Little is known about the life history of Platanthera holochila. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 61 FR 53108).
    Historically, Platanthera holochila was known from Maui, Oahu, 
Molokai, and Kauai. Currently, Platanthera holochila is extant on 
Kauai, Molokai, and Maui. On Maui, four populations with 22 individuals 
are reported on State (West Maui Forest Reserve) and privately owned 
lands within the West Maui Mountains Watershed Partnership and the East 
Maui Watershed Partnership from Kapaloa Stream, Waihee River, the 
border of Lahaina and Wailuku Districts and Koolau Gap (GDSI 2001; 
HINHP Database 2001; Service 1999; 61 FR 53108).
    Platanthera holochila is found in Metrosideros polymorpha-
Dicranopteris linearis montane wet forest or M. polymorpha mixed 
montane bog or mesic scrubby M. polymorpha forest at elevations between 
536 and 2,314 m (1,759 and 7,592 ft) containing one or more of the 
following associated native plant species: Cibotium spp., Coprosma 
ernodeoides (kukae nene), Oreobolus furcatus, Styphelia tameiameiae, 
Wikstroemia spp., Scaevola chamissoniana (naupaka kuahiwi), Sadleria 
spp., Deschampsia nubigena, Metrosideros polymorpha, Luzula hawaiiensis 
(wood rush), Sisyrinchium acre (mauu laili), Broussaisia arguta, 
Clermontia spp., Lycopodium cernuum (wawae iole), Dubautia scabra 
(naenae), Polypodium pellucidum (ae), Morelotia gahniiformis (NCN), or 
Vaccinium reticulatum (Service 1999; 61 FR 53108; R. Hobdy et al., 
pers. comm., 2001).
    The primary threats to Platanthera holochila on Maui are habitat 
degradation and/or destruction by feral pigs; landslides; competition 
with alien plant species; and a risk of extinction on Maui from 
naturally occurring events and/or reduced reproductive vigor due to the 
small number of remaining populations and individuals. Predation by 
slugs may also be a potential threat to this species (Service 1999; 61 
FR 53108).

Pteris lidgatei (NCN)

    Pteris lidgatei, a short-lived member of the maidenhair fern family 
(Adiantaceae), is a coarse perennial herb, 0.5 to 1 m (1.6 to 3.3 ft) 
tall. It has a horizontal rhizome 1.5 cm (0.6 in) thick and at least 10 
cm (3.9 in) long when mature. The fronds, including the leaf stalks, 
are 60 to 95 cm (24 to 37 in) long and 20 to 45 cm (8 to 18 in) wide. 
The leafy portion of the frond is oblong-deltoid to broadly ovate-
deltoid, thick, brittle, and dark gray-green. The sori are apparently 
marginal in position, either fused into long linear sori, or more 
typically separated into distinct shorter sori, with intermediate 
conditions being common. Pteris lidgatei can be distinguished from 
other species of Pteris in the Hawaiian Islands by the texture of its 
fronds and the tendency of the sori along the leaf margins to be broken 
into short segments instead of being fused into continuous marginal 
sori (Wagner 1949; Wagner and Wagner 1992).
    Little is known about the life history of Pteris lidgatei. 
Flowering cycles, pollination vectors, seed dispersal agents, specific 
environmental requirements, and limiting factors are unknown (Service 
1998a; 59 FR 49025).
    Historically, Pteris lidgatei was found on Oahu, Molokai, and 
Waihee on West Maui. Currently, this species is known from Oahu and 
Maui. Two populations with approximately 20 individuals occur on Maui 
on State (Kahakuloa section of the West Maui NAR) and privately owned 
lands within the West Maui Mountains Watershed Partnership north of Eke 
Crater and at Kauala (GDSI 2001; HINHP Database 2001; Service 1998a; 59 
FR 49025).
    This species grows on steep stream banks in wet Metrosideros 
polymorpha-Dicranopteris linearis montane forest at elevations between 
201 and 1,717 m (659 and 5,633 ft) and containing one or more of the 
following native plant species: Cibotium chamissoi (hapuu), 
Dicranopteris linearis, Elaphoglossum crassifolium (ekaha), Sadleria 
squarrosa (amau), Thelypteris cyatheoides, or Sphenomeris chusana 
(palaa) (HINHP Database 2001; Service 1998a; 59 FR 49025; R. Hobdy et 
al., pers. comm., 2001).
    The primary threats to Pteris lidgatei on Maui are the alien plants 
Clidemia hirta, Tibouchina herbacea, and Ageratina adenophora; habitat 
destruction by feral pigs; and a risk of extinction due to random 
environmental events (Service 1998a; 59 FR 49025).

Sanicula purpurea (NCN)

    Sanicula purpurea, a short-lived member of the parsley family 
(Apiaceae), is a stout perennial herb, 8 to 36 cm (3 to 14 in) tall, 
arising from a massive perennial stem. The stems are tufted and 
branched, with the lower portion of the stem lying close to the ground, 
while the upper portion rises. The basal leaves are numerous and 
leathery in texture and are kidney-shaped or circular to egg-heart-
shaped, with three to seven lobes. The leaf lobes are circular to 
inversely egg-shaped. The leaf veins are impressed on the upper surface 
and prominent on the lower surface. The leaf margins bear short, sharp 
teeth. The basal leaf stalks are slender and abruptly sheathed at the 
base. The leaves are palmately three-to five-lobed. The small purple, 
or cream-colored with a purple tinge, flowers occur in branched 
terminal clusters, each of which contains six to 10 flowers. Each 
flower cluster contains one to three perfect flowers and five to

[[Page 15879]]

seven staminate flowers. Below the inflorescence is a series of about 
10 oblong or inversely lance-shaped bracts. The nearly spherical fruits 
are covered with prickles. This species is distinguished from others in 
the genus by the number of flowers per cluster and by the color of the 
petals (Constance and Affolter 1999).
    Little is known about the life history of Sanicula purpurea. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 61 FR 53108).
    Historically and currently, Sanicula purpurea is known from Oahu 
and West Maui. On Maui, five populations totaling between 200 
individuals are currently known on State (Kahakuloa and Honokawai 
sections of the West Maui NAR) and private lands within the West Maui 
Mountains Watershed Partnership north of Eke Crater and east of 
Kahakuloa Stream, south of Eke Crater, near Violet Lake, the ridge west 
of Puu Kukui, and Kahoolewa Ridge east of Puu Kukui (GSDI 2001; HINHP 
Database 2001; Service 1999; 61 FR 53108).
    This species typically grows in open Metrosideros polymorpha mixed 
montane bogs at elevations between 1,195 and 1,764 m (3,921 and 5,787 
ft) containing one or more of the following associated plant species 
Styphelia tameiameiae, Gahnia beecheyi (NCN), Geranium hillebrandii 
(nohoanu), Myrsine vaccinioides (kolea), Viola maviensis, Argyroxiphium 
caliginis (eke silversword), Plantago pachyphylla (laukahi kuahiwi), 
Lycopodium spp., Argyroxiphium grayanum (green sword), Lagenifera 
maviensis, Machaerina spp., or Oreobolus furcatus (HINHP Database 2001; 
Service 1999; 61 FR 53108; R. Hobdy et al., pers. comm., 2001).
    Habitat degradation by feral pigs; a risk of extinction due to 
random environmental events, and/or reduced reproductive vigor due to 
the small number of existing populations; and slugs are the major 
threats to Sanicula purpurea (Service 1999; 61 FR 53108; HINHP Database 
2001).

Schiedea hookeri (NCN)

    Schiedea hookeri, a member of the pink family (Caryophyllaceae), is 
a sprawling or clumped perennial herb. The stems, 0.3 to 0.5 m (1 to 
1.6 ft) long, curve slightly upward or lie close to the ground and 
often produce matted clumps. The thin, opposite leaves are narrowly 
lance-shaped to narrowly elliptic. The petalless, perfect flowers are 
borne in open branched inflorescences, which are hairy, somewhat 
sticky, and 5 to 22 cm (2 to 9 in) long. The lance-shaped sepals are 
green to purple and 3 to 4.5 mm (1.2 to 1.8 in) long. The fruit is a 
capsule about 3 mm (0.1 in) long. This species is distinguished from 
others in this endemic Hawaiian genus by its open, hairy, and sometimes 
sticky inflorescence, and by the size of the capsules (Wagner et al. 
1999).
    Based on field and greenhouse observations, it is hermaphroditic, 
which means each individual has both male and female reproductive 
organs. Mature fruits have been observed in June and August. Schiedea 
hookeri appears to be an outcrossing species. Under greenhouse 
conditions, flowers do not set fruit unless pollinated. In the field, 
the species is presumed to be pollinated by insects, although none have 
been observed (a related species, Schiedea lydgatei on Molokai, is 
apparently pollinated by native, night-flying moths). A series of self-
pollinations, intra-populational crosses, and crosses among populations 
have demonstrated that Schiedea hookeri experiences moderately strong 
inbreeding depression. These results indicate that reductions in 
population size could result in expression of inbreeding depression 
among progeny, with deleterious consequences for the long-term 
persistence of this species. Individuals of Schiedea hookeri appear to 
be long-lived, but there is no evidence of reproduction from seed under 
field conditions. Seedlings of Schiedea occurring in mesic or wet sites 
are apparently consumed by introduced slugs and snails, which have been 
observed feeding on Schiedea membranacea, another mesic forest species 
that occurs on Kauai. In contrast to mesic-forest species, Schiedea 
occurring in dry areas produce abundant seedlings following winter 
rains, presumably because the drier sites have fewer alien consumers. 
Schiedea hookeri differs considerably through its range in potential 
for clonal growth. Plants from Kaluakauila Gulch are upright and show 
little potential for clonal spread. In contrast, clonal growth has been 
detected for individuals at Kaluaa Gulch, where the growth form is 
decumbent and plants apparently root at the nodes. Little else is known 
about the life history of Schiedea hookeri. Flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Weller 
and Sakai, unpublished data; Service 1999; HINHP Database 2001; 61 FR 
53108).
    Historically, Schiedea hookeri was known from the Waianae Mountains 
of Oahu and from a single fragmentary collection from Haleakala on Maui 
that may represent Schiedea menziesii rather than Schiedea hookeri. 
Currently, this species is known only from Oahu (Service 1999; 61 FR 
53108; HINHP Database 2001; EDA Database 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Schiedea hookeri on the island of Maui (Service 
1999; 61 FR 53108; R. Hobdy et al., pers. comm., 2001).
    Nothing is known of the threats to Schiedea hookeri on the island 
of Maui (Service 1999; 61 FR 53108).

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. 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. Little else is known about the life 
history of Schiedea nuttallii. Flowering cycles, pollination vectors, 
seed dispersal agents, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999; 61 FR 53108).
    Historically, Schiedea nuttallii was known from Kauai and Oahu and 
was reported from Maui. Currently, it is found on Kauai, Oahu, and 
Molokai (Service 1999; 61 FR 53108; HINHP Database 2001; GDSI 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Schiedea nuttallii on the island of Maui 
(Service 1999; 61 FR 53108; R. Hobdy et al., pers. comm., 2001).
    Nothing is known of the threats to Schiedea nuttallii on the island 
of Maui (Service 1999; 61 FR 53108).

Sesbania tomentosa (ohai)

    Sesbania tomentosa, a short-lived member of the legume family

[[Page 15880]]

(Fabaceae), is typically a sprawling shrub, but may also be a small 
tree. Each compound leaf consists of 18 to 38 oblong to elliptic 
leaflets which are usually sparsely to densely covered with silky 
hairs. The flowers are salmon tinged with yellow, orange-red, scarlet 
or rarely, pure yellow. Sesbania tomentosa is the only endemic Hawaiian 
species in the genus, differing from the naturalized 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. Little else is known about the life history of Sesbania 
tomentosa. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999; 59 FR 56333).
    Historically, Sesbania tomentosa occurred on all eight of the main 
Hawaiian Islands and on the Northwestern Hawaiian Islands of Nihoa and 
Necker. Currently, Sesbania tomentosa occurs on Kauai, Oahu, Molokai, 
Kahoolawe, Maui, the island of Hawaii, Nihoa and Necker. On Maui, S. 
tomentosa is known from seven populations with a total of 83 
individuals. The populations are located on State owned and/or leased 
land (Lihau section of West Maui NAR, Hana Forest Reserve, and Kanaio 
Training Area), under Federal jusisdiction (Kanaio National Guard 
Training Area) and on privately owned land within the East Maui 
Watershed Partnership and West Maui Mountains Watershed Partnership at 
Poelua Bay, Mokolea Point, between Kahakuloa Head and Puu Kahulianapa 
Mahinanui, Olowalu, Pimoe, south of Puu Puou. Off the south central 
coast of Kahoolawe, approximately 100 individuals of S. tomentosa are 
found on a small islet, Puu Koae, a State owned seabird sanctuary (R. 
Hobdy in litt. 2000; Service 1999; 59 FR 56333; GDSI 2001; HINHP 
Database 2001).
    Sesbania tomentosa is found in windswept slopes, sea cliffs and 
cinder cones in Scaevola sericea coastal dry shrublands at elevations 
between 0 and 608 m (0 and 1,993 ft) and containing one or more of the 
following associated native plant species: Jacquemontia ovalifolia ssp. 
sandwicensis (pauohiiaka), Sida fallax, Diospyros sandwicensis, 
Lipochaeta integrifolia (nehe), Bidens spp., or stunted Dodonaea 
viscosa (Service 1999; 59 FR 56333; HINHP Database 2001; R. Hobdy et 
al., pers. comm., 2001).
    The primary threats to Sesbania tomentosa on Maui are habitat 
degradation caused by competition with various alien plant species such 
as Lantana camara, Waltheria indica (uhaloa), and various grass 
species; feral cattle; lack of adequate pollination; seed predation by 
rats, mice and, potentially, alien insects; fire; and destruction by 
off-road vehicles and other human disturbances. Threats to Sesbania 
tomentosa on Kahoolawe include habitat degradation caused by 
competition with various alien plant species, erosion, and trampling by 
cats and seabirds (Service 1999; 59 FR 56333; P. Higashino, pers. 
comm., 2000).

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. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Historically, Solanum incompletum was known from central and 
northeastern Lanai, scattered locations on 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 
(Service 1999; 59 FR 56333; HINHP Database 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Solanum incompletum on the island of Maui 
(Service 1999; 59 FR 56333; R. Hobdy et al., pers. comm., 2001).
    Nothing is known of the threats to Solanum incompletum on the 
island of Maui (Service 1999; 59 FR 56333).

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 nonsucculent annual with an umbrella-shaped inflorescence 
(Constance and Affolter 1999).
    Little is known about the life history of Spermolepis hawaiiensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Historically, Spermolepis hawaiiensis was known from the islands of 
Kauai, Oahu, Lanai, and Hawaii. Currently, it is extant on Kauai, Oahu, 
Molokai, Lanai, Maui, and Hawaii. On Maui, there are four known 
populations with hundreds to thousands of individuals on State (Lihau 
section of West Maui NAR and Kanaio NAR) and privately owned lands 
within the West Maui Mountains Watershed Partnership in Puu Hipa, south 
of Kanaha Stream, Olowalu, and Kanaio (Service 1999; 59 FR 56333; GDSI 
2001; HINHP Database 2001; Charles Chimera, USGS Biological Research 
Division, pers. comm., 2000).
    Spermolepis hawaiiensis is known from Dodonaea viscosa lowland dry 
shrubland at elevations between 221 and 742 m (725 and 2,434 ft) and 
containing one or more of the following associated native species: 
Eragrostis variabilis, Wikstroemia spp., Erythrina sandwicensis, 
Diospyros spp., Pleomele spp., Lipochaeta lavarum, Sida fallax, 
Myoporum sandwicensis, Santalum ellipticum, Gouania hillebrandii, or 
Heteropogon contortus (Service 1999; 59 FR 56333; HINHP Database 2001; 
C. Chimera, pers. comm., 2000; R. Hobdy et al., pers. comm., 2001).
    The primary threats to Spermolepis hawaiiensis on Maui are habitat 
degradation by feral goats, pigs, cattle,

[[Page 15881]]

and axis deer; competition with various alien plants, such as Melinis 
repens and Lantana camara; fire; and erosion, landslides, and rock 
slides due to natural weathering which result in the death of 
individual plants as well as habitat destruction (Service 1999; 59 FR 
56333).

Tetramolopium arenarium (NCN)

    Tetramolopium arenarium is a short-lived perennial and an upright, 
branched shrub in the sunflower family (Asteraceae). Alternate leaves 
are lance-shaped, hairy, glandular, and gray-green. This species is 
separated from other species of the genus in the Hawaiian Islands by 
several characters: upright habit; number of heads per flower cluster 
(five to 11); presence and type of glands and hairs; size of male ray 
flowers (1.3 to 2.2 mm (.002 to .009 in); number of bisexual disk 
flowers (five to nine) and their maroon color; and a wide, two- to 
four-nerved fruit with white hairs at the tip. Three infra-specific 
species are recognized: Tetramolopium arenarium ssp. arenarium var. 
arenarium (Maui and Hawaii), T. arenarium ssp. arenarium var. confertum 
(Hawaii), and T. arenarium ssp. laxum (Maui). These species are 
distinguished one from the other by a combination of characters. T. 
arenarium ssp. arenarium var. confertum and T. arenarium ssp. laxum 
have not been seen the late 1800s (Lowrey 1999).
    Little is known about the life history of Tetramolopium arenarium. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a; 59 FR 10305).
    Tetramolopium arenarium was historically known from the islands of 
Maui and Hawaii. The taxon was considered extinct until Tetramolopium 
arenarium ssp. arenarium var. arenarium was recently rediscovered on 
the island of Hawaii. Both supspecies were last seen on Maui in the 
late 1800s (Service 1996a; 59 FR 10305; HINHP Database 2001; GDSI 
2001).
    Nothing is known about the preferred habitat of Tetramolopium 
arenarium on Maui (Service 1996a; 59 FR 10305; R. Hobdy et al., pers. 
comm., 2001).
    Nothing is known of the threats to Tetramolopium arenarium on the 
island of Maui (Service 1996a; 59 FR 10305).

Tetramolopium remyi (NCN)

    Tetramolopium remyi, a short-lived perennial member of the 
sunflower family (Asteraceae), is a much branched, decumbent 
(reclining, with the end ascending) or occasionally erect shrub up to 
about 38 cm (15 in) tall. Its leaves are firm, very narrow, and with 
the edges rolled inward when the leaf is mature. There is a single 
flower head per branch. The heads are each comprised of 70 to 100 
yellow disk and 150 to 250 white ray florets. The stems, leaves, flower 
bracts, and fruit are covered with sticky hairs. Tetramolopium remyi 
has the largest flower heads in the genus. Two other species of the 
genus are known historically from Lanai, but both have purplish rather 
than yellow disk florets and from four to 60 rather than one flower 
head per branch (Lowrey 1999).
    Tetramolopium remyi flowers between April and January. Field 
observations suggest that the population size of the species can be 
profoundly affected by variability in annual precipitation; the adult 
plants may succumb to prolonged drought, but apparently there is a 
seedbank in the soil that can replenish the population during favorable 
conditions. Such seed banks are of great importance for arid-dwelling 
plants to allow populations to persist through adverse conditions. The 
aridity of the area, possibly coupled with human-induced changes in the 
habitat and subsequent lack of availability of suitable sites for 
seedling establishment, may be a factor limiting population growth and/
or expansion. Requirements of this taxon in these areas are not known, 
but success in greenhouse cultivation of these plants with much higher 
water availability implies that, although these plants are drought-
tolerant, perhaps the dry conditions in which they currently exist are 
not optimum. Individual plants are probably not long-lived. Pollination 
is hypothesized to be possibly by butterflies, bees, or flies. Little 
else is known about the life history of Tetramolopium remyi. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995b; 56 FR 47686).
    Historically, the species was known from the Lahaina area of West 
Maui and Lanai. Currently, T. remyi is known from two populations on 
Lanai. It was last seen on Maui in 1944 by E. Y. Hosaka (GDSI 2001; 
HINHP Database 2001; Service 1995b; 56 FR 47686).
    On Maui, Tetramolopium remyi occurs in lowland dry shrubland on 
dry, exposed ridges or flats at elevations between 52 and 550 m (171 
and 1,804 ft). Associated plant species include Dodonaea viscosa, 
Heteropogon contortus, Bidens mauiensis, Bidens menziesii, Eragrostis 
atropioides (lovegrass), Lipochaeta heterophylla (NCN), or Waltheria 
indica (Service 1995b; 56 FR 47686; R. Hobdy et al., pers. comm., 
2001).
    Nothing is known of the threats to Tetramolopium remyi on the 
island of Maui (Service 1995b; 56 FR 47686).

Vigna o-wahuensis (NCN)

    Vigna o-wahuensis, a member of the legume family (Fabaceae), is a 
slender, twining, long-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. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999; 59 FR 56333).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, and on 
East Maui in Makawao, Waiakoa, and Haleakala, and at an unspecified 
site on West Maui. Currently, Vigna o-wahuensis is known from the 
islands of Molokai, Lanai, Kahoolawe, Maui, and Hawaii. There are no 
currently known populations on Niihau or Oahu. On the State owned 
island of Kahoolawe, there are a total of three populations with an 
unknown number of individuals in the Makaalae/Lua Kealialalo, the Puhi 
a Nanue area near a tidal pond, and on Lua Makika. On Maui, there is a 
single population of at least one individual on State owned land at 
Kamanamana (HINHP Database 2001; GDSI 2001; C. Chimera, pers. comm., 
2000; Service 1999; 59 FR 56333).
    On Kahoolawe and Maui, Vigna o-wahuensis occurs in dry to mesic 
grassland and shrubland at elevations between 0 and 50 m (0 and 164 ft) 
containing one or more of the following associated plant species: Sida 
fallax, Chenopodium spp., or Chamaesyce spp. (HINHP Database 2001; 
Service 1999; 59 FR 56333; R. Hobdy et al., pers. comm., 2001).
    The primary threats to Vigna o-wahuensis on Kahoolawe are 
competition with various alien plant

[[Page 15882]]

species, fire; and a risk of extinction due to random environmental 
events, and/or reduced reproductive vigor due to the small number of 
existing populations and individuals. The primary threats to this 
species on Maui are competition with the alien plant species Lantana 
camara and Cenchrus ciliaris (buffelgrass), and herbivory by axis deer 
and goats (Service 1999; 59 FR 56333).

Zanthoxylum hawaiiense (ae)

    Zanthoxylum hawaiiense, a long-lived perennial, is a medium-size 
tree with pale to dark gray bark, and lemon-scented leaves in the rue 
family (Rutaceae). Alternate leaves are composed of three small 
triangular-oval to lance-shaped, toothed leaves (leaflets) with 
surfaces usually without hairs. Zanthoxylum hawaiiense is distinguished 
from other Hawaiian members of the genus by several characters: three 
leaflets all of similar size, one joint on lateral leaf stalk, and 
sickle-shape fruits with a rounded tip (Stone et al. 1999).
    Little is known about the life history of Zanthoxylum hawaiiense. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a; 59 FR 10305).
    Historically, Zanthoxylum hawaiiense was known from the islands of 
Kauai, Molokai, Lanai, Hawaii, and southern and southwestern slopes of 
Haleakala on Maui. Currently, Zanthoxylum hawaiiense is extant on the 
islands of Kauai, Molokai, Maui, and Hawaii. This species is found on 
Maui in four populations with a total of 11 individuals on private and 
State (Makawao Forest Reserve and Department of Hawaiian Home Lands) 
owned lands at Kahakapao, and in the Hana District north and south of 
Jeep Trail and north of Kula Pipeline (GDSI 2001; HINHP Database 2001; 
Service 1996a; 59 FR 10305).
    Zanthoxylum hawaiiense is reported from open lowland dry or mesic 
Nestegis sandwicensis-Pleomele auwahiensis forests, Acacia koa-Pleomele 
auwahiensis forest, or montane dry forest at elevations between 882 and 
1,540 m (2,894 and 5,051 ft) containing one or more of the following 
associated native species: Metrosideros polymorpha, Diospyros 
sandwicensis, Pisonia spp. (papala kepau), Xylosma hawaiiensis, 
Santalum ellipticum, Alphitonia ponderosa, Osteomeles anthyllidifolia, 
Alectryon macrococcus, Charpentiera spp., Melicope spp., Dodonaea 
viscosa, Streblus pendulinus, Myrsine lanaiensis, or Sophora 
chrysophylla (HINHP Database 2001; Service 1996a; 59 FR 10305; R. Hobdy 
et al., pers. comm., 2001).
    The threats to Zanthoxylum hawaiiense on Maui include browsing, 
grazing, and trampling by feral goats and cattle; competition with the 
alien plant species Melia azedarach (chinaberry), Lantana camara, and 
Pennisetum clandestinum; fire; human disturbance; and risk of 
extinction from naturally occurring events and/or reduced reproductive 
vigor due to the small number of populations (Service 1996a; 59 FR 
10305).
    A summary of populations and landownership for the 70 plant species 
reported from the islands of Maui and Kahoolawe is given in Table 3.

   Table 3.--Summary of Existing Populations Occurring on Maui and Kahoolawe, and Landownership for 70 Species
                                        Reported From Maui and Kahoolawe.
----------------------------------------------------------------------------------------------------------------
                                                            Number of                 Landownership
                         Species                             current   -----------------------------------------
                                                           populations     Federal        State        Private
----------------------------------------------------------------------------------------------------------------
Acaena exigua...........................................            0
Adenophorus periens.....................................            0
Alectryon macrococcus...................................            7   ............            X             X
Argyroxiphium sandwicense ssp. macrocephalum............            4             X   ............            X
Asplenium fragile var. insulare.........................            1             X   ............            X
Bidens micrantha ssp  kalealaha.........................            3             X             X   ............
Bonamia menziesii.......................................            4   ............            X             X
Brighamia rockii........................................            0
Cenchrus agrimonioides..................................            2   ............            X
Centaurium sebaeoides...................................            3   ............            X             X
Clermontia lindseyana...................................            2   ............            X             X
Clermontia oblongifolia ssp. mauiensis..................            1   ............  ............            X
Clermontia peleana......................................            0
Clermontia samuelii.....................................            4             X             X
Colubrina oppositifolia.................................            2   ............  ............            X
Ctenitis squamigera.....................................            6   ............            X             X
Cyanea copelandii ssp. haleakalaensis...................            3             X             X             X
Cyanea glabra...........................................            1   ............  ............            X
Cyanea grimesiana spp. grimesiana.......................            2   ............  ............            X
Cyanea hamatiflora spp. hamatiflora.....................            7             X             X             X
Cyanea lobata...........................................            4   ............  ............            X
Cyanea mceldowneyi......................................            6   ............            X             X
Cyrtandra munroi........................................            4   ............            X             X
Delissea undulata.......................................            0
Diellia erecta..........................................            5   ............            X             X
Diplazium molokaiense...................................            4   ............            X             X
Dubautia plantaginea spp. humilis.......................            1   ............  ............            X
Flueggea neowawraea.....................................            3   ............            X             X
Geranium arboreum.......................................            7             X             X             X
Geranium multiflorum....................................            8             X             X             X
Gouania vitifolia.......................................            0
Hedyotis coriacea.......................................            1   ............            X
Hedyotis mannii.........................................            1   ............  ............            X
Hesperomannia arborescens...............................            2   ............            X             X
Hesperomannia arbuscula.................................            2   ............  ............            X

[[Page 15883]]

 
Hibiscus brackenridgei..................................            5   ............            X             X
Ischaemum byrone........................................            6   ............            X             X
Isodendrion pyrifolium..................................            0
Kanaloa kahoolawensis...................................            1   ............            X
Lipochaeta kamolensis...................................            1   ............            X
Lysimachia lydgatein....................................            4   ............            X             X
Mariscus pennatiformis..................................            1   ............            X
Melicope adscendens.....................................            2   ............            X             X
Melicope balloui........................................            2             X   ............            X
Melicope knudsenii......................................            1   ............            X             X
Melicope mucronulata....................................            1   ............  ............            X
Melicope ovalis.........................................            1             X
Neraudia sericea........................................            3   ............            X             X
Nototrichium humile.....................................            0
Peucedanum sandwicense..................................            3   ............            X             X
Phlegmariurus mannii....................................            7             X             X             X
Phyllostegia mannii.....................................            0
Phyllostegia mollis.....................................            1   ............            X
Phyllostegia parvilfora.................................            0
Plantago princeps.......................................            5             X   ............            X
Platanthera holochila...................................            3   ............            X             X
Pteris lidgatei.........................................            2   ............            X             X
Remya mauiensis.........................................            3   ............            X
Sanicula purpurea.......................................            5   ............            X             X
Schiedea haleakalensis..................................            2             X
Schiedea hookeri........................................            0
Schiedea nuttallii......................................            0
Sesbania tomentosa......................................            8             X             X             X
Solanum incompletum.....................................            0
Spermolepis hawaiiensis.................................            4   ............            X             X
Tetramolopium arenarium.................................            0
Tetramolopium capillare.................................            4   ............            X             X
Tetramolopium remyi.....................................            0
Vigna o-wahuensis.......................................            4   ............            X
Zanthoxylum hawaiiense..................................            4   ............            X             X
----------------------------------------------------------------------------------------------------------------

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Act, which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Alectryon macrococcus (as Alectryon macrococcum var. 
macrococcum and Alectryon mahoe), Bonamia menziesii, Brighamia rockii, 
Clermontia lindseyana, Colubrina oppositifolia, Cyanea glabra (as 
Cyanea scabra var. variabilis), Cyanea lobata (as Cyanea baldwinii), 
Cyanea mceldowneyi, Flueggea neowawraea (as Drypetes phyllanthoides), 
Geranium arboreum, Geranium multiflorum (as Geranium multiflorum var. 
multiflorum, var. ovatifolium, and var. superbum), Hedyotis mannii (as 
Hedyotis thyrsoidea var. thyrsoidea), Hesperomannia arborescens (as 
Hesperomannia arborescens var. bushiana and var. swezeyi), 
Hesperomannia arbuscula, Hibiscus brackenridgei (as Hibiscus 
brackenridgei var. brackenridgei, var. mokuleianus, and var. ``from 
Hawaii''), Ischaemum byrone, Melicope balloui (as Pelea balloui), 
Melicope knudsenii (as Pelea multiflora), Melicope ovalis (as Pelea 
ovalis), Neraudia sericea (as Neraudia kahoolawensis), Nototrichium 
humile, Peucedanum sandwicense (as Peucedanum kauaiense), Phyllostegia 
mollis, Plantago princeps (as Plantago princeps var. elata, var. 
laxiflora, var. princeps), Remya mauiensis, Sesbania tomentosa (as 
Sesbania hobdyi and Sesbania tomentosa var. tomentosa), Vigna o-
wahuensis (as Vigna sandwicensis var. heterophylla and var. 
sandwicensis), and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense 
var. citriodora), were considered to be endangered; Cyrtandra munroi, 
Diellia erecta, and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense 
var. hawaiiense and var. velutinosum) were considered to be threatened; 
and, Asplenium fragile var. insulare (as Asplenium fragile), Bidens 
micrantha ssp. kalealaha (as Bidens distans and Bidens micrantha spp. 
kalealaha), Ctenitis squamigera, Diplazium molokaiense, Gouania 
vitifolia, Hedyotis coriacea, Isodendrion pyrifolium, Melicope 
knudsenii (as Pelea knudsenii and Pelea tomentosa), Melicope 
mucronulata (as Pelea mucronulata), Phlegmariurus mannii (as Lycopodium 
mannii), Plantago princeps (as Plantago princeps var. acaulis, var. 
denticulata, and var. queleniana), Pteris lidgatei, Tetramolopium 
arenarium (as Tetramolopium arenarium var. arenarium, var. confertum, 
and var. dentatum), Tetramolopium capillare, and Tetramolopium remyi 
were considered extinct. On July 1, 1975, we published 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,

[[Page 15884]]

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 considered to be endangered or thought to be extinct except for 
Cyanea glabra and Cyrtandra munroi; additionally, Argyroxiphium 
sandwicense ssp. macrocephalum (as Argyroxiphium macrocephalum) 
appeared in the 1976 proposed rule as endangered. The list of 1,700 
plant taxa was assembled on the basis of comments and data received by 
the Smithsonian Institution and the Service in response to House 
Document No. 94-51 and the July 1, 1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
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 70 plant species in the 1980-1996 notices 
of review can be found in Table 4(a). We listed the 70 species as 
endangered or threatened between 1991 and 1999. A summary of the 
listing actions can be found in Table 4(b).

             Table 4(a).--Summary of Candidacy Status for 70 Plant Species From Maui and Kahoolawe.
----------------------------------------------------------------------------------------------------------------
                                                                   Federal Register notice of review
                       Species                       -----------------------------------------------------------
                                                         1980        1985        1990        1993        1996
----------------------------------------------------------------------------------------------------------------
Acaena exigua.......................................           C1          C1          C1
Adenophorus periens.................................           C1          C1          C1
Alectryon macrococcus...............................           C1          C1          C1
Argyroxiphium sandwicense ssp. macrocephalum........           C1          C1          C1
Asplenium fragile var. insulare.....................           C1*         C1*         C1
Bidens micrantha ssp. kalealaha.....................           C1          C1          C1
Bonamia menziesii...................................           C1          C1          C1
Brighamia rockii....................................           C1          C1          C1
Cenchrus agrimonioides..............................
Centaurium sebaeoides...............................                                   C1
Clermontia lindseyana...............................           C1          C1          C1
Clermontia oblongifolia ssp. mauiensis..............                                   C1
Clermontia peleana..................................          3C          3C           C1
Clermontia samuelii.................................
Colubrina oppositifolia.............................           C1          C1          C1
Ctenitis squamigera.................................           C1*         C1*         C1*
Cyanea copelandii ssp. haleakalaensis...............                                                           C
Cyanea glabra.......................................                                                           C
Cyanea grimesiana spp. grimesiana...................           C1          C1                      C2
Cyanea hamatiflora spp. hamatiflora.................                                                           C
Cyanea lobata.......................................           C1          C1          C1
Cyanea mceldowneyi..................................           C1          C1          C1
Cyrtandra munroi....................................           C2          C2          C1
Delissea undulata...................................           C1          C1*         C1*         C2*
Diellia erecta......................................           C1          C1          C1
Diplazium molokaiense...............................           C1*         C1*         C1
Dubautia plantaginea spp. humilis...................                                   C2          C2          C
Flueggea neowawraea.................................           C1          C1          C1
Geranium arboreum...................................           C1          C1          C1
Geranium multiflorum................................           C1          C1          C1
Gouania vitifolia...................................           C1*         C1*         C1*
Hedyotis coriacea...................................           C1          C1          C1
Hedyotis mannii.....................................           C1          C1          C1
Hesperomannia arborescens...........................           C1          C1          C1
Hesperomannia arbuscula.............................           C1          C1          C1
Hibiscus brackenridgei..............................           C1          C1          C1
Ischaemum byrone....................................           C1          C1          C1
Isodendrion pyrifolium..............................           C1*         C1*       3A
Kanaloa kahoolawensis...............................                                                           C
Lipochaeta kamolensis...............................           C1          C1          C1
Lysimachia lydgatei.................................                                   C1
Mariscus pennatiformis..............................                       C1          C1
Melicope adscendens.................................                                 3A
Melicope balloui....................................           C1          C1          C1*
Melicope knudsenii..................................           C1*         C1*         C1
Melicope mucronulata................................           C1          C1          C1
Melicope ovalis.....................................           C1          C1*         C1*
Neraudia sericea....................................         3A          3A            C1
Nototrichium humile.................................           C1          C1         3C
Peucedanum sandwicense..............................           C2          C2          C2
Phlegmariurus mannii................................           C1          C1          C1
Phyllostegia mannii.................................                                   C1

[[Page 15885]]

 
Phyllostegia mollis.................................           C1          C1          C1
Phyllostegia parvilfora.............................           C1          C1          C1
Plantago princeps...................................           C2          C2          C1
Platanthera holochila...............................           C1          C1          C1          C2
Pteris lidgatei.....................................           C1          C1          C1
Remya mauiensis.....................................           C1          C1
Sanicula purpurea...................................                                   C1
Schiedea haleakalensis..............................                       C1          C1
Schiedea hookeri....................................                                               C2
Schiedea nuttallii..................................                                               C2
Sesbania tomentosa..................................           C1*         C1*         C1
Solanum incompletum.................................           C1*         C1*         C1
Spermolepis hawaiiensis.............................                                   C1
Tetramolopium arenarium.............................           C1*         C1*       3A
Tetramolopium capillare.............................           C1*         C1*         C1*
Tetramolopium remyi.................................           C1          C1          C1
Vigna o-wahuensis...................................           C1          C1          C1
Zanthoxylum hawaiiense..............................           C1          C1          C1
----------------------------------------------------------------------------------------------------------------
Key:
C: Candidates: Species for which we have in file sufficient information on biological vulnerability and threats
  to support proposals to list them as endangered or threatened.
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,
  1996: 61 FR 7596


                                  Table 4(b).--Summary of Listing Actions for 70 Plant Species from Maui and Kahoolawe
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Proposed rule                         Final Rule                    Proposed critical habitat
           Species              Federal  ---------------------------------------------------------------------------------------------------------------
                                 status        Date        Federal  Register        Date        Federal  Register        Date         Federal  Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acaena exigua................         E   05/24/91        56 FR 23842          05/15/92        57 FR 20787         12/18/00         65 FR 79192
Adenophorus periens..........         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/29/00         65 FR 83157
Alectryon macrococcus........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Argyroxiphium sandwicense             T   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
 ssp. macrocephalum.
Asplenium fragile var.                E   06/24/93        58 FR 34231          09/09/94        59 FR 49025
 insulare.
Bidens micrantha ssp.                 E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
 kalealaha.
Bonamia menziesii............         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/27/00         65 FR 82086
Brighamia rockii.............         E   09/20/91        56 FR 47718          10/08/92        57 FR 46325         12/29/00         65 FR 83157
Cenchrus agrimonioides.......         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108         12/18/00         65 FR 79192
Centaurium sebaeoides........         E   09/28/90        55 FR 39664          10/29/91        56 FR 55770         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/27/00,        65 FR 82086,
                                                                                                                   12/29/00         65 FR 83157
Clermontia lindseyana........         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305         12/18/00         65 FR 79192
Clermontia oblongifolia ssp.          E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00,        65 FR 79192,
 mauiensis.                                                                                                        12/27/00         65 FR 82086
Clermontia peleana...........         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305
Clermontia samuelii..........         E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
Colubrina oppositifolia......         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305         12/18/00         65 FR 79192
Ctenitis squamigera..........         E   06/24/93        58 FR 34231          09/09/94        59 FR 49025         12/18/00,        65 FR 79192,
                                                                                                                   12/27/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Cyanea copelandii ssp.                E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
 haleakalaensis.
Cyanea glabra................         E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
Cyanea grimesiana spp.                E   10/02/95        60 FR 51417          10/10/96        61 FR 53108         12/18/00,        65 FR 79192,
 grimesiana.                                                                                                       12/29/00,        65 FR 83157,
                                                                                                                   12/27/00         65 FR 82086

[[Page 15886]]

 
Cyanea hamatiflora spp.               E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
 hamatiflora.
Cyanea lobata................         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Cyanea mceldowneyi...........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Cyrtandra munroi.............         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00,        65 FR 79192,
                                                                                                                   12/27/00         65 FR 82086
Delissea undulata............         E   06/27/94        59 FR 32946          10/10/96        61 FR 53124         11/07/00         65 FR 66808
Diellia erecta...............         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Diplazium molokaiense........         E   06/24/93        58 FR 34231          09/09/94        59 FR 49025         12/18/00         65 FR 66808
Dubautia plantaginea spp.             E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
 humilis.
Flueggea neowawraea..........         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00         65 FR 79192
Geranium arboreum............         E   01/23/91        56 FR 2490           05/13/92        57 FR 20589         12/18/00         65 FR 79192
Geranium multiflorum.........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Gouania vitifolia............         E   12/14/92        57 FR 39066          06/27/94        59 FR 32932
Hedyotis coriacea............         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Hedyotis mannii..............         E   09/20/91        56 FR 47718          10/08/92        57 FR 46325         12/18/00,        65 FR 79192,
                                                                                                                   12/27/00,        65 FR 82086,
                                                                                                                   12/29/00         65 FR 83157
Hesperomannia arborescens....         E   10/14/92        57 FR 47028          03/28/94        59 FR 14482         12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Hesperomannia arbuscula......         E   09/28/90        55 FR 39664          10/29/91        56 FR 55770         12/18/00         65 FR 79192
Hibiscus brackenridgei.......         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         12/18/00,        65 FR 79192,
                                                                                                                   12/27/00         65 FR 82086
Ischaemum byrone.............         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305         12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Isodendrion pyrifolium.......         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305
Kanaloa kahoolawensis........         E   05/15/97        62 FR 26757          09/03/99        64 FR 48307         12/18/00         65 FR 79192
Lipochaeta kamolensis........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Lysimachia lydgatei..........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Mariscus pennatiformis.......         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         12/18/00         65 FR 79192
Melicope adscendens..........         E   05/11/93        58 FR 18073          12/05/94        59 FR 62346         12/18/00         65 FR 79192
Melicope balloui.............         E   05/11/93        58 FR 18073          12/05/94        59 FR 62346         12/18/00         65 FR 79192
Melicope knudsenii...........         E   10/30/91        56 FR 5562           02/25/94        59 FR 09304         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00         65 FR 79192
Melicope mucronulata.........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Melicope ovalis..............         E   05/11/93        58 FR 18073          12/05/94        59 FR 62346         12/18/00         65 FR 79192
Neraudia sericea.............         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Nototrichium humile..........         E   10/02/95        60 FR 51398          10/10/96        61 FR 53089         NA               NA
Peucedanum sandwicense.......         T   10/30/91        56 FR 5562           02/25/94        59 FR 09304         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Phlegmariurus mannii.........         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Phyllostegia mannii..........         E   09/20/91        56 FR 47718          10/08/92        57 FR 46325         12/29/00         65 FR 83157
Phyllostegia mollis..........         E   09/28/90        55 FR 39664          10/29/91        56 FR 55770         12/18/00         65 FR 79192
Phyllostegia parvilfora......         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108
Plantago princeps............         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Platanthera holochila........         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         65 FR 83157
Pteris lidgatei..............         E   06/24/93        58 FR 34231          09/09/94        59 FR 49025         12/18/00         65 FR 79192
Remya mauiensis..............         E   10/02/89        54 FR 40447          01/14/91        56 FR 1450          12/18/00         65 FR 79192
Sanicula purpurea............         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108         12/18/00         65 FR 79192
Schiedea haleakalensis.......         E   05/24/91        56 FR 23842          05/15/92        57 FR 20772         12/18/00         65 FR 79192
Schiedea hookeri.............         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108
Schiedea nuttallii...........         E   10/02/95        60 FR 51417          10/10/96        61 FR 53108         11/07/00,        65 FR 66808,
                                                                                                                   12/29/00
Sesbania tomentosa...........         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
Solanum incompletum..........         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333
Spermolepis hawaiiensis......         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/27/00         65 FR 82086,
Tetramolopium arenarium......         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305
Tetramolopium capillare......         E   03/25/93        58 FR 16164          09/30/94        59 FR 49860         12/18/00         65 FR 79192

[[Page 15887]]

 
Tetramolopium remyi..........         E   09/17/90        55 FR 38236          09/20/91        56 FR 47686
Vigna o-wahuensis............         E   09/14/93        58 FR 48012          11/10/94        59 FR 56333         12/18/00,        65 FR 79192,
                                                                                                                   12/27/00,        65 FR 82086,
                                                                                                                   12/29/00         65 FR 83157
Zanthoxylum hawaiiense.......         E   12/17/92        57 FR 59951          03/04/94        59 FR 10305         11/07/00,        65 FR 66808,
                                                                                                                   12/18/00,        65 FR 79192,
                                                                                                                   12/29/00         66 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 
prudent for six of these plants (Clermontia samuelii, Cyanea copelandii 
ssp. haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. 
hamatiflora, Dubautia plantaginea ssp. humilis, and Kanaloa 
kahoolawensis) and not prudent for the other 64 plants because it would 
not benefit the plant 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, 
including 64 of the 70 species reported from Maui and Kahoolawe. 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. 
Conservation Council for Hawaii v. Babbitt, 24 F. Supp. 2d 1074 (D. 
Haw. 1998).
    At the time we listed Clermontia samuelii, Cyanea copelandii ssp. 
haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, 
Dubautia plantaginea ssp. humilis, and Kanaloa kahoolawensis (64 FR 
48307) we determined that designation of critical habitat was prudent 
and that we would develop critical habitat designations for these six 
taxa, along with four others, at the same time we developed 
designations for the 245 Hawaiian plant species. This timetable was 
challenged in Conservation Council for Hawaii v. Babbitt, Civ. No. 99-
00283 HG (D. Haw. Aug. 19, 1999, Feb. 16, 2000, and March 28, 2000). 
The court agreed that it was reasonable for us to integrate these ten 
Maui Nui (Maui, Lanai, Molokai, and Kahoolawe) plant taxa into the 
schedule established for designating critical habitat for the other 245 
Hawaiian plants, but ordered us to publish proposed critical habitat 
designations for the 10 Maui Nui species with the first 100 plants from 
the group of 245 by November 30, 2000, and to publish final critical 
habitat designations by November 30, 2001.
    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, nonprofit organizations, the State 
Division of Forestry and Wildlife (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 because they 
believed it will cause economic hardship, discourage cooperative 
projects, polarize

[[Page 15888]]

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 December 29, 1999, we mailed letters to more than 130 landowners 
on the islands of Maui and Kahoolawe requesting any information 
considered germane to the management of any of the 70 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 20 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 two open houses on the island of Maui, at 
the Lahaina Civic Center and the Wailuku Community Center on January 11 
and 12, 2000, respectively, to meet one-on-one with local landowners 
and other interested members of the public. A total of 30 people 
attended the two open houses. In addition, we met with Maui County 
Division of Forestry and Wildlife staff to discuss their management 
activities on Maui.
    On December 18, 2000, we published the second of the court-ordered 
prudency determinations and proposed critical habitat designations or 
non-designations for Maui and Kahoolawe plants (65 FR 79192). The 
prudency determinations and proposed critical habitat designations for 
Kauai and Niihau plants were published on November 7, 2000 (65 FR 
66808), 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 orders. In those proposals, we 
determined that critical habitat was prudent and proposed designation 
of critical habitat for 61 species (Alectryon macrococcus, 
Argyroxiphium sandwicense ssp. macrocephalum, Adenophorus periens, 
Bidens micrantha ssp. kalealaha, Bonamia menziesii, Brighamia rockii, 
Cenchrus agrimonioides, Centaurium sebaeoides, Clermontia lindseyana, 
Clermontia oblongifolia ssp. mauiensis, Clermontia samuelii, Colubrina 
oppositifolia, Ctenitis squamigera, Cyanea copelandii ssp. 
haleakalaensis, Cyanea glabra, Cyanea grimesiana ssp. grimesiana, 
Cyanea hamatiflora ssp. hamatiflora, Cyanea lobata, Cyanea mceldowneyi, 
Cyrtandra munroi, Delissea undulata, Diellia erecta, Diplazium 
molokaiense, Dubautia plantaginea ssp. humilis, Flueggea neowawraea, 
Geranium arboreum, Geranium multiflorum, Hedyotis coriacea, Hedyotis 
mannii, Hesperomannia arborescens, Hesperomannia arbuscula, Hibiscus 
brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, Kanaloa 
kahoolawensis, Lipochaeta kamolensis, Lysimachia lydgatei, Mariscus 
pennatiformis, Melicope adscendens, Melicope balloui, Melicope 
knudsenii, Melicope mucronulata, Melicope ovalis, Neraudia sericea, 
Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia mannii, 
Phyllostegia mollis, Plantago princeps, Platanthera holochila, Pteris 
lidgatei, Remya mauiensis, Sanicula purpurea, Schiedea haleakalensis, 
Schiedea nuttallii, Sesbania tomentosa, Spermolepis hawaiiensis, 
Tetramolopium capillare, Tetramolopium remyi, Vigna o-wahuensis, and 
Zanthoxylum hawaiiense) that are reported from Maui and Kahoolawe as 
well as on Kauai, Niihau, Lanai, and Molokai. Critical habitat is 
proposed for 59 of these species on Maui and/or Kahoolawe at this time. 
Critical habitat is not proposed for Adenophorus periens and Schiedea 
nuttallii on Maui and Kahoolawe because we are have not identified 
habitat essential to their conservation on these islands.
    In the December 18, 2000, proposal we determined that it was 
prudent to designate approximately 13,574 ha (33,614 ac) of lands on 
the island of Maui and approximately 207 ha (512 ac) of lands on the 
island of Kahoolawe as critical habitat. The publication of the 
proposed rule opened a 60-day public comment period, which closed on 
February 16, 2001. On February 22, 2001, we published a notice (66 FR 
11131) announcing the reopening of the comment period until April 2, 
2001, on the proposal to designate critical habitat for 50 plants from 
Maui and Kahoolawe and a notice of a public hearing. On March 20, 2001, 
we held a public hearing at the Renaissance Wailea Beach Resort, Maui.
    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. On January 28, 
2002, we determined that designation of critical habitat was prudent 
for Solanum incompletum (67 FR 3940), a species reported from Maui as 
well as Kauai, Molokai, and Lanai. Designation of critical habitat is 
not proposed for this species on Maui because we have not identified 
habitat essential to its conservation on this island. Publication of 
this revised proposal for plants from Maui and Kahoolawe is consistent 
with the court-ordered stipulation.

Summary of Comments and Recommendations

    In the December 18, 2000, proposed rule (65 FR 79192), 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 February 16, 2001. We reopened the comment period from 
February 22, 2001, to April 2, 2001 (66 FR 11131), to accept comments 
on the proposed designations and to hold a public hearing on March 20, 
2001, in Wailea, Maui.
    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 December 28, 2000, and the Maui News on January 2, 2000. 
We received one request 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

[[Page 15889]]

Honolulu Advertiser and in the Maui News newspapers on March 1, 2001. A 
transcript of the hearing held in Wailea, Maui on March 20, 2001, is 
available for inspection (see ADDRESSES section).
    We requested three botanists who have familiarity with Maui and 
Kahoolawe plants to peer review the proposed critical habitat 
designations. All three peer reviewers submitted comments on the 
proposed critical habitat designations. Two of the peer reviewers 
supported the designation of critical habitat for the Maui and 
Kahoolawe plants while the third peer reviewer says we did a very 
ambitious and credible attempt but does not support or oppose the 
designation. Two of the peer reviewers did not support the methodology 
we used to identify critical habitat, i.e. identifying only occupied 
habitat for these species. The third reviewer thought that focusing on 
known locations was appropriate to meet the court orders. Two of the 
reviewers did not agree with the exclusion of areas from critical 
habitat designation due to on-going land management. One peer reviewer 
opined that recovery of the plants would also entail the establishment 
of new populations in addition to the currently existing populations. 
All three peer reviewers also provided updated biological information, 
critical review, and editorial comments.
    We received a total of 5 oral comments, 18 written comments, and 6 
comments both in written and oral form during the two comment periods. 
These included responses from two Federal agencies, seven State 
offices, and 22 private organizations or individuals. We reviewed all 
comments received for substantive issues and new information regarding 
critical habitat and the Maui and Kahoolawe plants. Of the 29 comments 
we received, 7 supported designation, 9 were opposed to it, and 13 
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 designations. 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 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001) 
identify the need to expand existing populations and reestablish wild 
populations within historic range. We have revised the December 18, 
2000, proposal to designate critical habitat for 50 plants from Maui 
and Kahoolawe to incorporate new information and address comments and 
new information received during the comment periods, including 
information on areas of potentially suitable unoccupied habitat for 61 
plants from Maui and Kahoolawe.
    (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 December 18, 2000, proposal to designate 
critical habitat for 50 plants from Maui and Kahoolawe, we provided 
information on the status of and threats to the Maui and Kahoolawe 
plants. The threats to these species, and the species status, were 
documented in the listing rules for the Maui and Kahoolawe plants (56 
FR 1450, 56 FR 47686, 56 FR 55770, 57 FR 20589, 57 FR 20772, 57 FR 
20787, 57 FR 46325, 59 FR 9304, 59 FR 10305, 59 FR 14482, 59 FR 32932, 
59 FR 49025, 59 FR 49860, 59 FR 56333, 59 FR 63436, 61 FR 53089, 61 FR 
53108, 61 FR 53124, and 64 FR 48307), and in the recovery plans for 
these species (Service 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 
1999, 2001), and in the supporting documentation in the files at the 
Pacific Islands Office (See ADDRESSES section).
    (3a) Comment: The proposal provides very limited information on the 
criteria and data used to determine the areas proposed as critical 
habitat. (3b) Comment: For example, failure to utilize recent 
collections at the herbaria of the B.P. Bishop Museum and the National 
Tropical Botanical Garden may result in incomplete knowledge of current 
known distributions and subsequently inadequate analysis for critical 
habitat designations. (3c) Comment: In situations where few species 
locations are currently known, pre-1970 locations may be used to 
identify suitable habitat for the species.
    Our Response: When developing the December 18, 2000, proposal to 
designate critical habitat for 50 plants from Maui and Kahoolawe, 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, which 
includes information from collections housed at the herbarium of B.P. 
Bishop Museum and the National Tropical Botanical Garden, 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 two informational open 
houses held on Maui at the Lahaina Civic Center and the Wailuku 
Community Center on January 11 and 12, 2000, 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 Maui and Kahoolawe; 
discussions with botanical experts; and recommendations from the Hawaii 
Pacific Plants Recovery Coordinating Committee (HPPRCC)(Service 1995a, 
1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001; HPPRCC 1998; HINHP 
Database 2000, CPC in litt. 1999).
    We have revised the proposed designations to incorporate new 
information and address comments and new information received during 
the comment periods. This additional information includes Geographic 
Information System (GIS) coverages (e.g., vegetation, soils, annual 
rainfall, elevation contours, land ownership); completed recovery 
plans; information received during the public comment periods and the 
public hearing, including information on recent plant collections 
housed at the B.P. Bishop Museum herbarium and the National Tropical 
Botanical Garden; and site-specific information from historical (pre-
1970) collections (H. Oppenheimer, pers. comm., 2001; F. Duvall, pers. 
comm., 2001; M. Buck, in litt. 2001; 66 FR 11131).
    (4a) Comment: We received comments that the proposed critical 
habitat designations were not specific enough, and were overly broad, 
and therefore, failed to comply with Congressional intent to restrict 
critical habitat to those areas ``essential to the conservation of the 
species.'' (4b) Comment: The designation was not inclusive enough and 
failed to include areas that Maui and Kahoolawe plants have used and 
are necessary for recovery of the species.
    Our Response: We used the best scientific information available to 
develop the December 18, 2000, proposal to designate critical habitat 
for 50 Maui and Kahoolawe plants. This information is detailed above in 
our response to Comment (3). Based on the information described above, 
we believe

[[Page 15890]]

we have identified those areas essential to the conservation of the 
Maui and Kahoolawe plant species at issue in this proposed rule.
    (5) Comment: Some commenters were concerned that developed 
infrastructure (i.e., roads, buildings, etc.) on their property is 
within proposed critical habitat boundaries, even though it does not 
contain any habitat for listed plants.
    Our Response: In defining critical habitat boundaries, we made an 
effort to avoid developed areas, such as towns and other similar lands, 
that are unlikely to contribute to the conservation of these species. 
However, the minimum mapping unit that we used to approximate our 
delineation of critical habitat for these species did not allow us to 
exclude all such developed areas. In addition, existing features and 
structures within the boundaries of the mapped unit, such as buildings, 
roads, aqueducts, railroads, telecommunications equipment, telemetry 
antennas, radars, missile launch sites, arboreta and gardens, heiau 
(indigenous places of worship or shrines), airports, other paved areas, 
lawns, and other rural residential landscaped areas do not contain one 
or more of the primary constituent elements and would be excluded under 
the terms of the 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.
    (6a) Comment: The presence of non-native plants makes habitat 
unsuitable and inappropriate for designation as critical habitat. (6b) 
Comment: Expansion of plant populations in highly degraded ecosystems 
may be biologically impossible due to the lack of the habitat 
components needed for survival.
    Our Response: The presence of non-native plant competitors does not 
preclude designation of an area as critical habitat, if the area 
contains the physical and biological features that are essential to the 
conservation of the species and that may require special management 
considerations or protection. We used the best available information, 
including expert scientific opinion, to identify the physical and 
biological features (type of plant community, associated species, and 
locale information such as rocky cliffs, talus slopes, stream banks) 
essential to the conservation of each species, and to identify 
potentially suitable habitat within the known historic range of each 
species. Of the area identified as potentially suitable habitat for a 
species, only those areas within the least disturbed suitable habitat 
were proposed as critical habitat for the species. In addition, habitat 
restoration projects are underway in some of the areas proposed as 
critical habitat for one or more species, such as at Ulupalakua Ranch 
on the island of Maui. At this location, non-native plants are being 
removed and replaced with native species, some of which are endangered 
or threatened.
    We invite comments from the public that provide information on 
potentially suitable habitat within the known historic range of each 
species and whether lands within the proposed critical habitat provide 
for the conservation of one or more of the species.
    (7) Comment: The Service should propose critical habitat on Maui 
and Kahoolawe for 14 plants historically, but not currently, found 
there.
    Our Response: Fourteen species (Adenophorous periens, Brighamia 
rockii, Clermontia peleana, Delissea undulata, Gouania vitifolia, 
Isodendrion pyrifolium, Nototrichium humile, Phyllostegia mannii, 
Phyllostegia parvilfora, Schiedea hookeri, Schiedea nuttallii, Solanum 
incompletum, Tetramolopium arenarium, and Tetramolopium remyi) are 
known only from historical records on the islands of Maui or Kahoolawe. 
Critical habitat is proposed for six of these species (Brighamia 
rockii, Gouania vitifolia, Isodendrion pyrifolium, Nototrichium humile, 
Phyllostegia mannii, and Tetramolopium remyi) for which we have 
identified the physical and biological features that are considered 
essential to their conservation on the island of Maui. We also will 
consider proposing designation of critical habitat for these six 
species within their historical range on other Hawaiian islands. 
Critical habitat is not proposed for eight species (Adenophorous 
periens, Clermontia peleana, Delissea undulata, Phyllostegia 
parviflora, Schiedea hookeri, Schiedea nuttallii, Solanum incompletum, 
or Tetramolopium arenarium) which no longer occur on the islands of 
Maui or Kahoolawe, and for which we did not identify habitat essential 
to their conservation on these islands. All areas proposed as critical 
habitat are within the historical range of one or more of the 61 
species at issue and contain one or more of the physical or biological 
features (primary constituent elements) essential for the conservation 
of one or more of the species.
    Critical habitat is proposed for Asplenium fragile var. insulare, 
which has been recently rediscovered on Maui. Critical habitat is 
proposed at this time for Asplenium fragile var. insulare on Maui based 
on new information and information received during the comment periods 
on the December 18, 2000, proposal.

Issue 2: Site-specific Biological Comments

    (8a) Comment: Even though species are presumed to be extinct, given 
the frequency with which Hawaiian species are rediscovered, it is 
inappropriate not to designate critical habitat for any species 
addressed in this proposal. (8b) Comment: Critical habitat should be 
designated for Acaena exigua because habitats have not been adequately 
surveyed and this species may still be extant in the wild.
    Our Response: We have revised the December 18, 2000, proposal to 
designate critical habitat for 61 plants from Maui and Kahoolawe to 
incorporate new information, and/or address comments and new 
information received during the comment periods.
    Fourteen species (Adenophorous periens, Brighamia rockii, 
Clermontia peleana, Delissea undulata, Gouania vitifolia, Isodendrion 
pyrifolium, Nototrichium humile, Phyllostegia mannii, Phyllostegia 
parvilfora, Schiedea hookeri, Schiedea nuttallii, Solanum incompletum, 
Tetramolopium remyi, and Tetramolopium arenarium) are known only from 
historical records on the islands of Maui or Kahoolawe. Critical 
habitat is proposed for six of these species (Brighamia rockii, Gouania 
vitifolia, Isodendrion pyrifolium, Nototrichium humile, Phyllostegia 
mannii, and Tetramolopium remyi) for which we have identified the 
physical and biological features that are considered essential to their 
conservation on the island of Maui. Critical habitat is not proposed 
for eight species (Adenophorous periens, Clermontia peleana, Delissea 
undulata, Phyllostegia parvilfora, Schiedea hookeri, Schiedea 
nuttallii, Solanum incompletum, or Tetramolopium arenarium) which no 
longer occur on the islands of Maui or Kahoolawe and for which we have 
not identified habitat essential to their conservation on these 
islands.
    No change is made here to the prudency determination for Acaena 
exigua, a species known only from Mt. Waialeale on Kauai and Puu Kukui 
on Maui, published in the December 18, 2000, proposal (65 FR 79192). 
Acaena exigua has not been seen on Kauai for over 100 years. This 
species was last

[[Page 15891]]

observed at Puu Kukui on Maui in 1999 and has not been observed in this 
area in subsequent surveys (H. Oppenheimer, pers. comm., 2001). 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 Acaena exigua 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. Sec. 1532 (5) 
(B); 50 CFR 424.13(f)).
    (9) Comment: One commenter requested that critical habitat 
designation skirt and not include any portion of the Hana or Kalaupapa 
Airports or any other airport.
    Our Response: In defining critical habitat boundaries, we made an 
effort to avoid developed areas, such as towns and other similar lands, 
that are unlikely to contribute to the conservation of these species. 
However, the minimum mapping unit that we used to approximate our 
delineation of critical habitat for these species did not allow us to 
exclude all such developed areas. In addition, existing features and 
structures within the boundaries of the mapped unit, such as buildings, 
roads, aqueducts, railroads, telecommunications equipment, telemetry 
antennas, radars, missile launch sites, arboreta and gardens, heiau 
(indigenous places of worship or shrines), airports, other paved areas, 
lawns, and other rural residential landscaped areas do not contain one 
or more of the primary constituent elements and would be excluded under 
the terms of this proposed regulation. We have revised the proposed 
designations published in the December 18, 2000, proposal for Maui and 
Kahoolawe plants to incorporate new information, and/or address 
comments and new information received during the comment periods. The 
Hana and Kalaupapa Airports were removed from the revised proposed 
critical habitat designations for Maui and Molokai.
    (10) 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 December 
18, 2000, proposal for plants from Maui and Kahoolawe, we received 
written comments and a map showing the DOFAW's vegetation classes and 
recommended critical habitat units. We have revised the December 18, 
2000, proposed designations to incorporate new information, and 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 for 
identifying critical habitat as defined by the Act. DOFAW recommended 
deletion of some of the proposed critical habitat units on State lands 
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 DOFAW's basis for 
identifying areas for deletion was made on their ability to manage 
these areas, their mapping of habitat is distinct from the regulatory 
designation of critical habitat as defined by the Act.

Issue 3: Legal Issues

    (11) Comment: The Service failed to comply with court deadlines set 
forth in both Conservation Council for Hawaii v. Babbitt, 24 F. Supp. 
1074 (D.Haw. 1998), and Conservation Council for Hawaii v. Babbitt, 
Civ. No. 99-00283 (D.Haw Mar. 28, 2000)
    Our Response: The proposed rules for plants from Kauai, Niihau, 
Maui, Kahoolawe, Lanai, and Molokai had been sent to the Federal 
Register by or on November 30, 2000, as required by the court orders. 
On October 3, 2001, we submitted a joint stipulation with Earth Justice 
Legal Defense Fund requesting extension of the court orders for the 
final rules to designate critical habitat for plants from Kauai and 
Niihau, Maui and Kahoolawe, Lanai, and Molokai, 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 Maui and Kahoolawe is consistent 
with the court-ordered stipulation.
    (12) Comment: Critical habitat designation is a duplicative 
regulatory environmental process of already-existing Federal and State 
environmental statutes such as the National Environmental Policy Act 
(NEPA) and Chapter 343 (Environmental Impact Statements), Hawaii 
Revised Statutes.
    Our Response: Designation of critical habitat is not required by 
NEPA nor the Chapter 343 (Environmental Impact Statements), Hawaii 
Revised Statutes. We are required to designate critical habitat under 
section 4 of the Act. Section 7(a) of the Act requires Federal agencies 
to ensure that actions they fund, authorize, or carry out do not 
jeopardize the continued existence of a listed species or destroy or 
adversely modify its critical habitat.

Issue 4: Section 7 Consultation Issues

    (13) Comment: One commenter was concerned that using Federal funds 
to make improvements to the existing infrastructure and facilities at 
Waianapanapa State Park may require a section 7 consultation.
    Our Response: Critical habitat designation does not affect 
activities on State or private lands unless some sort of Federal 
permit, license, or funding is involved. 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. The Federal agency 
providing the funds to make improvements to existing infrastructure and 
facilities at state parks would consult with us under section 7 of the 
Act to ensure that actions they fund are not likely to jeopardize the 
continued existence of any listed species or result in the destruction 
of adverse modification of critical habitat.
    (14) 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, Special Management Area 
permits, and programs administered under the Natural Resources 
Conservation Service or the Coastal Zone Management Program?
    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

[[Page 15892]]

Memorandum of Understanding between the Service 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. The Coastal Zone Management Program (CZM Program) 
is administered by the National Oceanic and Atmospheric Administration 
(NOAA). NOAA has delegated implementation of the CZM Program in Hawaii 
to the State of Hawaii Department of Business, Economic Development, 
and Tourism (DBEDT). The individual decisions by the State's CZM 
Program are not subject to section 7 consultation. However, the State's 
CZM Program is not relieved of its responsibilities under section 9 of 
the Act.
    (15) Comment: We are concerned that critical habitat designation 
will trigger additional compliance requirements under the State of 
Hawaii endangered species law.
    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 States of the United States, including the State of 
Hawaii.

Issue 5: Mapping and Primary Constituent Elements

    (16a) Comment: The designated areas are too large. (16b) Comment: 
The units are not large enough, and don't allow for changes that occur 
during known environmental processes. (16c) Comment: The 586-meter 
radius is arbitrary and may not work for all species, natural 
communities, and habitats. (16d) Comment: The highly irregular and 
fragmented shape of proposed units make it difficult to determine if 
projects are within critical habitat.
    Our Response: We have revised the proposed designations published 
in the December 18, 2000, proposal for Maui and Kahoolawe plants to 
incorporate new information and address comments and new information 
received during the comment periods. Areas that contain habitat 
essential to conservation 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 61 plant species from Maui 
and Kahoolawe.
    (17) Comment: Requests were made to 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: In defining critical habitat boundaries in the 
revised proposal, we made an effort to avoid developed areas, such as 
towns and other similar lands, that are unlikely to contribute to the 
conservation of these species. However, the minimum mapping unit that 
we used to approximate our delineation of critical habitat for these 
species did not allow us to exclude all such developed areas. In 
addition, existing features and structures within the boundaries of the 
mapped unit, such as buildings, roads, aqueducts, telecommunications 
equipment, telemetry antennas, radars, missile launch sites, arboreta 
and gardens, heiau (indigenous places of worship or shrines), airports, 
other paved areas, and other rural residential landscaped areas do not 
contain one or more of the primary 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. We invite 
comments from the public that provide information on areas where 
existing and future projects are planned or may occur and how these 
projects may be affected by the designation of critical habitat.
    (18) Comment: The discussion of each critical habitat unit should 
also indicate which species rely upon that unit for future 
reintroduction efforts.
    Our Response: We have revised the December 18, 2000, proposal based 
on new information and information received during the comment periods. 
In this revised proposal, the description of each critical habitat unit 
(see Descriptions of Critical Habitat Units) includes information 
regarding species which rely upon that unit for recovery efforts, 
including future reintroduction efforts in currently unoccupied units.
    (19) Comment: According to the Federal Register, Alectryon 
macrococcus, Bidens micrantha ssp. kalealaha, Diellia erecta, Geranium 
arboreum, Lipochaeta kamolensis, Melicope mucronulata, Phlegmariurus 
mannii, and Phyllostegia mollis are considered gulch dwelling species. 
One commenter recommended that map unit polygons be limited to the pali 
as part of the designation process in Units N, Nn, Oo, Qq, and Ss.
    Our Response: In accordance with section 4(b)(2) of the Act and 
regulations at 50 CFR 424.12, in determining which areas to propose as 
critical habitat, we are required to base critical habitat 
determinations on the best scientific and commercial data available and 
to consider those physical and biological features (primary constituent 
elements) that are essential to the conservation of the species and 
that may require special management considerations or protection.
    As described in the discussions for each of the 61 species for 
which we are proposing critical habitat, very little is known about the 
specific physical and biological requirements of these species. As 
such, we are proposing to define the primary constituent elements on 
the basis of the habitat features of the areas 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, gulches), and elevation. Locale 
information, such as gulch habitat, is only of one of the four factors 
used to describe primary constituent elements of each species.
    In the revised proposed designation of critical habitat for plants 
on Maui proposed critical habitat for Alectryon macrococcus, Bidens 
micrantha ssp. kalealaha, Diellia erecta, Geranium arboreum, Lipochaeta 
kamolensis, Melicope mucronulata, Phlegmariurus mannii, and 
Phyllostegia mollis is included in critical habitat units which cover 
more than a single species (i.e., multi-species units). These multi-
species units are not homogenous or uniform in nature and may encompass 
a number of plant community types and locales, including gulches, pali, 
talus slopes, etc.

Issue 6: Definition of Critical Habitat

    (20) Comment: Critical habitat is being designated in otherwise 
protected areas, such as State conservation lands, the island of 
Kahoolawe, 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 December 18, 2000, proposal we examined all 
currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of the 
Maui and

[[Page 15893]]

Kahoolawe 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; State of Hawaii, 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 Maui and Kahoolawe 
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 two locations (Lahaina and Wailuku) on 
the island of Maui on January 20 and 21, 2000, respectively. 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 Maui under State of Hawaii jurisdiction, we met 
with staff from Maui's DOFAW office to discuss their current management 
for the plants on their lands. And, we contacted the State's Department 
of Hawaiian Home Lands 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 in this 
revised proposal, we have also reviewed any management information 
available to us at this time. In addition, we are requesting 
information on management of these lands during the comment period.
    Based upon review of the information available to us at this time, 
we have not been able to find that management on these State lands is 
adequate to preclude proposed designations of critical habitat. We are 
aware that the State of Hawaii 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 islands of Maui and Kahoolawe. 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 orders require us to proceed with 
designation at this time based on the best information available.
    (21) Comment: Since critical habitat threats are being addressed, 
funding is available, and management plans are in place, the State 
Department of Hawaiian Homelands (DHHL) requests exclusion from 
designation in Units N, O, Oo, Qq, and Ww.
    Our Response: In the December 18, 2000, proposal we examined all 
currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of the 
Maui and Kahoolawe plant species to determine if additional special 
management considerations or protection are required above those 
currently provided. As described above (see Our Response to Comment 20) 
we reviewed all available management information on these plants at 
these sites and all information received in response to our landowner 
mailing and two open houses. 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 proposed for designation by this revised 
proposal, we have also reviewed any management information available to 
us at this time. In addition, we are requesting information on 
management of these lands during the comment period.
    Based upon review of the information available to us at this time, 
we have not been able to find that management on these State DHHL lands 
is adequate to preclude proposed designations of critical habitat. We 
are aware that the State of Hawaii 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 islands of Maui and Kahoolawe. 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.
    (22) Comment: Additional layers of legal protection, in the case of 
Kahoolawe, are unnecessary. Hawaii State law has established Kahoolawe 
as a permanent natural and cultural reserve with habitat restoration as 
a key stated purpose (H.R.S. Chapter 6-K, H.A.R. Chapter 13-260, and 
Kahoolawe Archaeological District, listed March 18, 1981). Existing 
plans for Kahoolawe include a number of agreements, protocols, and 
management plans to guide protection and restoration of threatened and 
endangered species and native plant communities. Clean up of Kahoolawe 
by the Navy will continue through 2003, and could be detrimentally 
impacted by designation. Therefore, in consideration of the above, 
please exempt Kahoolawe from designation.
    Our Response: In June 1998, the State of Hawaii Kahoolawe Island 
Reserve Commission developed an environmental restoration plan for 
Kahoolawe (Social Science Research Institute, University of Hawaii 
1998). The plan, however, does not address specific management actions 
to protect and conserve endangered plant species, specifically Kanaloa 
kahoolawensis, Hibiscus brackenridgei, Sesbania tomentosa, and Vigna o-
wahuensis, four species historically reported from Kahoolawe. While the 
island is isolated and remote, and access is restricted due to the 
presence of unexploded ordnance hazards, this action alone is not 
sufficient to indicate that additional special management is not 
required for the listed plant species, and areas on the island are 
included within the revised proposed critical habitat units for Kanaloa 
kahoolawensis, Hibiscus brackenridgei, Sesbania tomentosa, and Vigna o-
wahuensis.
    We invite comments from the public that provide information on how 
clean-up of Kahoolawe by the Navy could be detrimentally impacted by 
designation and information on management that promotes the 
conservation of endangered and threatened plants on Kahoolawe. If new 
information indicates any of the proposed areas should not be included 
in the critical habitat designations because they no

[[Page 15894]]

longer meet the definition of critical habitat (see Our Response to 
Comment 19), we may revise the proposed critical habitat designations 
in this proposal to exclude these areas.
    (23) Comment: We urge the Service not to exclude managed areas, 
such as Waikamoi and Kapunakea Preserves, Puu Kukui Watershed 
Management Area, the upper area of Hanawi Natural Area Reserve, and 
Haleakala National Park, since doing so would violate the ESA.
    Our Response: We have determined that the private lands within 
Waikamoi Preserve and Kapunakea Preserve do not meet the definition of 
critical habitat in the Act (Sec. 3(5)(A)), and we are not proposing 
designation of these lands as critical habitat in the revised proposal. 
Because the preserves and the continuing management plans being 
implemented for these plants and their habitats within the preserves 
provide a conservation benefit to the species and are permanently 
protected and managed, these lands meet the three criteria (described 
above in Our Response to Comment 19) for determining that an area is 
not in need of special management. However, should the status of either 
of these preserves change, for example by non-renewal of a partnership 
agreement or termination of Natural Area Partnership (NAP) funding, we 
will reconsider whether it then meets the definition of critical 
habitat. If so, we have the authority to propose to amend critical 
habitat to include such area at that time. 50 CFR 424.12(g).
    In the December 18, 2000, proposal we determined that lands within 
the Puu Kukui Watershed Management Area on Maui were adequately managed 
for the conservation of the listed species that occur on those lands 
and were not in need of special management considerations or 
protection. Therefore, we determined that these lands did not meet the 
definition of critical habitat in the Act, and we did not propose 
designation of these lands as critical habitat. However, during the 
comment periods on the December 18, 2000, proposal we received 
information from the Watershed Supervisor that funding for the 
conservation and management of the listed plant species on lands within 
Puu Kukui Watershed Management Area was not adequate nor assured. In 
the revised proposal we have determined that lands within Puu Kukui 
Watershed Management Area are in need of special management 
considerations or protection and thus meet the definition of critical 
habitat in the Act. Therefore, lands within Puu Kukui Watershed 
Management Area are included within the proposed designation of 
critical habitat on Maui for one or more species.
    We have determined that the State land within the upper Hanawi 
Natural Area Reserve (NAR) does not meet the definition of critical 
habitat in the Act (Sec. 3(5)(A)), and we are not proposing designation 
of this land as critical habitat in the revised proposal. Because these 
plants and their habitats within the upper areas of Hanawi NAR (above 
1,525 m (5,000 ft)) are permanently protected and managed and because 
the continued successful management of this area is assured, this area 
meets the three criteria (described above in Our Response to Comment 
22) for determining that an area is not in need of special management 
or protection. Should the status of this reserve change, for example by 
revocation or modification of the NAR, we will reconsider whether it 
then meets the definition of critical habitat. If so, we have the 
authority to propose to amend critical habitat to include such area at 
that time. 50 CFR 424.12(g).
    In the December 18, 2000, proposal we determined that lands within 
Haleakala National Park (Park) were adequately managed for the 
conservation of the listed species that occur on those lands and were 
not in need of special management considerations or protection. 
Therefore, we determined that these lands did not meet the definition 
of critical habitat in the Act, and we did not propose designation of 
these lands as critical habitat. However, during the comment periods on 
the December 18, 2000, proposal we received information from the Park 
Superintendent that funding for the conservation and management of the 
listed plant species on lands within Haleakala National Park was not 
adequate nor assured. In the revised proposal we have determined that 
lands within the Park are in need of special management considerations 
or protection and thus meet the definition of critical habitat in the 
Act. Therefore, lands within the Park are included within the proposed 
designation of critical habitat on Maui for one or more species.
    (24) Comment: All areas essential to the recovery of the species, 
regardless of management, should be designated as critical habitat.
    Our Response: Pursuant to Sec. 3(5)(A) of the Endangered Species 
Act the term ``critical habitat'' for a threatened and endangered 
species means--(i) the specific areas within the geographical area 
occupied by the species, at the time it is listed in accordance with 
the provisions of section 4 of this Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) which may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed in 
accordance with the provisions of section 4 of this Act, upon a 
determination by the Secretary that such areas are essential for the 
conservation of the species.
    (25) Comment: Designation of critical habitat will provide 
additional benefit to managed lands when unoccupied habitat occurs on 
these lands, and when these lands are threatened by Federal actions.
    Our Response: 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. The 
designation of unoccupied habitat may provide an additional benefit to 
the species by 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. In the revised proposal we 
have proposed critical habitat in areas which are essential for the 
conservation of the species within its historical range though the 
species may not occur there currently. The proposed critical habitat 
includes lands under State, private, or Federal ownership or 
administration. A few of the species are reported from Federal lands or 
lands that are administered by a Federal agency (e.g., Argyroxiphium 
sandwicense ssp. macrocephalum, Melicope balloui, Melicope ovalis, and 
Schiedea haleakalensis within Haleakala National Park) while most of 
the species are reported exclusively from non-federal lands with 
currently no known or limited Federal activities. However, there could 
be Federal actions affecting these lands in the future.
    (26a) Comment: Designation of Haleakala National Park would further 
protect threatened and endangered plants from Federal actions inside 
the Park. (26b) Comment: Designating critical habitat would prevent 
Federal actions taking place outside managed areas from impacting 
habitat found within managed areas, such as the impacts of the proposed 
Kahului Airport expansion on Haleakala National Park.
    Our Response: In the December 18, 2000, proposal we determined that 
lands within the Park were adequately managed for the conservation of 
the listed species that occur on those lands and were not in need of 
special

[[Page 15895]]

management considerations or protection. Therefore, we determined that 
these lands did not meet the definition of critical habitat in the Act, 
and we did not propose designation of these lands as critical habitat. 
However, during the comment periods on the December 18, 2000, proposal 
we received information from the Park Superintendent that funding for 
the conservation and management of the listed plant species on lands 
within Haleakala National Park was not adequate nor assured. Therefore, 
we have determined that lands within Haleakala National Park are in 
need of special management considerations or protection and thus meet 
the definition of critical habitat in the Act.
    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. Federal agencies must 
consult with the Service to ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the survival of a listed 
species or result in the destruction or adverse modification of 
critical habitat. By consulting with us, an agency can usually minimize 
or avoid any potential conflicts with listed species and their critical 
habitat, and the proposed project may be undertaken.
    In the formal consultation for the Kahului Airport expansion 
project we concurred that the airport improvement project, which 
included a mandatory state of the art alien species interdiction 
facility, was not likely to jeopardize listed species nor adversely 
affect designated critical habitat for Gouania hillebrandii on the 
island of Maui. According to the local FAA office, the expansion 
project has been canceled mainly because of concerns of the local 
community, including the hotel industry, regarding the type of growth 
and development that characterizes Honolulu. There is no indication 
that the project has been canceled due to endangered species or 
critical habitat issues.
    (27) Comment: The Service should not exclude from critical habitat 
any areas subject to conservation measures on non-Federal lands (e.g. 
Safe Harbor Agreements, Habitat Conservation Plans, etc.).
    Our Response: Currently, there are no Habitat Conservation Plans 
(HCPs) or Safe Harbor Agreements (SHAs) that include any of the plant 
species at issue in this proposal as covered species, so no such areas 
have been excluded from this proposal.

Issue 7: Effects of Designation

    (28a) 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). (28b) Comment: Hunting and recreational 
opportunities need to be considered when designating critical habitat. 
(28c) Comment: The designation of critical habitat will result in 
restrictions on subsistence hunting and access.
    Our Response: The designation of critical habitat imposes no 
regulatory restrictions on actions occurring on State or other non-
Federal lands, unless the action is undertaken, funded, or authorized 
by a Federal agency. Recreational, commercial, and subsistence 
activities, including hunting, on non-Federal lands are not regulated 
or restricted by this critical habitat designation. 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 would not impose restrictions on 
State hunting regulations except to the extent federal funding is 
involved. However, Federal agencies are required to consult with us 
under section 7 of the Act 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 cannot result in jeopardy to listed species, and 
they cannot 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 conservation 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 that receive Federal funding are 
implemented consistent with this need.
    (29) Comment: The designation of critical habitat will disrupt air 
service at Hana Airport and have detrimental effects on its residents.
    Our Response: Hana Airport is not included in the proposed critical 
habitat designation in the revised proposal as it does not contain one 
or more of the primary constituent elements for the species at issue 
and thus is not essential for their conservation.
    (30) 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. Its regulatory 
implications apply only to activities sponsored at least in part by 
Federal agencies. Land uses such as logging, grazing, and recreation 
that would not be affected if they do no involve Federal permitting or 
funding. Critical habitat designations do not constitute land 
management plans.
    (31a) Comment: The designation of critical habitat constitutes an 
encumbrance, results in ``downzoning'' of the property, and will allow 
lawsuits by environmental groups. Therefore, critical habitat will have 
a negative economic impact and cause a decrease in land values, and is 
a tactic often used as a prelude to ``taking'.
    Our Response: The majority of this land (77 percent) and all of the 
land on Kahoolawe is within the State Conservation District where State 
land-use controls already severely limited development and most 
activities. Approximately 23 percent of this land is within the State 
Agricultural District where only activities such as crops, livestock, 
grazing, and accessory structures and farmhouses are allowed. While the 
potential exists for a decrease in property values for privately owned 
agricultural land suitable for eventual development if a perception 
develops that a critical habitat designation will restrict future land 
use, we believe this potential decrease in value is purely speculative 
and to our knowledge has never occurred in Hawaii or the continental 
U.S.
    Because current zoning limits land use activities within the 
proposed critical habitat areas and only activities with a Federal 
involvement that will destroy or adversely modify critical habitat will 
be affected and in such cases we must identify reasonable and prudent 
alternatives, we don't believe this is a prelude to a ``taking.'' In 
addition, we will conduct an economic analysis and in the final rule, 
we may exclude areas from critical habitat if the impact of designation 
outweighs the benefit of designation.
    We expect that this situation will rarely be reached because the 
Act provides mechanisms, through section 7 consultation, to resolve 
apparent conflicts between proposed Federal actions, including Federal 
funding or permitting of actions on private land,

[[Page 15896]]

and the requirement that destruction or adverse modification of 
critical habitat be avoided. 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--can be implemented successfully with, at most, 
the adoption of reasonable and prudent alternatives, which by 
definition must be economically feasible and within the scope of 
authority of the Federal agency involved in consultation.

Issue 8: Economic Issues

    (32) Comment: We should have been directly contacted for our 
opinions on the economic impacts of critical habitat designation.
    Our Response: We will conduct an analysis of the economic impacts 
of designating these areas as critical habitat prior to a final 
determination. When completed, we will announce 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. We will mail letters to landowners and 
other interested parties and publish a notice in the Maui News 
newspaper announcing the availability of and seeking public comment on 
the draft economic analysis and proposed rule. We encourage anyone who 
has information or opinions concerning the economic impacts of this 
proposal to provide them to us.
    (33) Comment: The Service failed to properly consider the economic 
(e.g., costs associated with section 7 consultation, project delays, 
etc.) and other impacts (special management protections on private 
lands) of designating particular areas as critical habitat.
    Our Response: We will conduct an analysis of the economic impacts 
of designating these areas as critical habitat prior to a final 
determination. When completed, we will announce 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 (see response to Comment 23, above).

Summary of Changes From the Previous Proposal

    We originally determined that designation of critical habitat was 
prudent for 37 plants from the islands of Maui and Kahoolawe on 
December 18, 2000. In a previous proposal, published on November 7, 
2000, we determined that designation of critical habitat was prudent 
for 11 plants that are reported from Maui and Kahoolawe as well as from 
Kauai and Niihau. In addition, at the time we listed Clermontia 
samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 
hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis, and 
Kanaloa kahoolawensis, on September 3, 1999, we determined that 
designation of critical habitat was prudent for these six taxa from 
Maui and Kahoolawe. No change is made to these 54 prudency 
determinations in this revised proposal and they are hereby 
incorporated by reference (64 FR 48307; 65 FR 66808; 65 FR 79192).
    In the December 18, 2000, proposal, we determined that critical 
habitat was not prudent for Acaena exigua, a species endemic to Maui, 
because it had not been seen recently in the wild, and no viable 
genetic material of this species was known to exist. No change is made 
here to the December 18, 2000, prudency determination for this species 
and it is hereby incorporated by reference (65 FR 79192).
    In the December 18, 2000, proposal we proposed designation of 
critical habitat for 50 plants from the islands of Maui and Kahoolawe. 
These species are: Alectryon macrococcus, Bidens micrantha ssp. 
kalealaha, Bonamia menziesii, Cenchrus agrimonioides, Centaurium 
sebaeoides, Clermontia lindseyana, Clermontia oblongifolia ssp. 
mauiensis, Clermontia samuelii, Colubrina oppositifolia, Ctenitis 
squamigera, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, 
Cyanea grimesiana ssp. grimesiana, Cyanea hamatiflora ssp. hamatiflora, 
Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, Diellia erecta, 
Diplazium molokaiense, Dubautia plantaginea ssp. humilis, Flueggea 
neowawraea, Geranium arboreum, Geranium multiflorum, Hedyotis coriacea, 
Hedyotis mannii, Hesperomannia arborescens, Hesperomannia arbuscula, 
Hibiscus brackenridgei, Ischaemum byrone, Kanaloa kahoolawensis, 
Lipochaeta kamolensis, Lysimachia lydgatei, Mariscus pennatiformis, 
Melicope adscendens, Melicope knudsenii, Melicope mucronulata, Neraudia 
sericea, Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia 
mollis, Plantago princeps, Platanthera holochila, Pteris lidgatei, 
Remya mauiensis, Sanicula purpurea, Sesbania tomentosa, Spermolepis 
hawaiiensis, Tetramolopium capillare, Vigna o-wahuensis, and 
Zanthoxylum hawaiiense. In this proposal, we have revised the proposed 
designations for these 50 plants based on new information received 
during the comment periods. In addition, we incorporate new 
information, and address comments and new information received during 
the comment periods on the December 18, 2000, proposal.
    In the December 18, 2000, proposal, we did not propose critical 
habitat for four species (Argyroxiphium sandwicense ssp. macrocephalum, 
Melicope balloui, Melicope ovalis, and Schiedea haleakalensis) found 
only in Waikamoi Preserve and/or Haleakala National Park. We determined 
that these lands did not meet the definition of critical habitat in the 
Act. However, during the comment periods on the December 18, 2000, 
proposal, we received information from the Park Superintendent that 
funding for the conservation and management of the listed plant species 
on lands within Haleakala National Park was not adequate nor assured. 
Therefore, we have determined that lands within Haleakala National Park 
are in need of special management considerations or protection and thus 
meet the definition of critical habitat in the Act, and we have 
proposed designation of critical habitat for Argyroxiphium sandwicense 
ssp. macrocephalum, Melicope balloui, Melicope ovalis, and Schiedea 
haleakalensis within Haleakala National Park.
    In the December 18, 2000, proposal, we did not propose designation 
of critical habitat for 14 species that no longer occur on Maui and 
Kahoolawe but are reported from one or more other islands. We 
determined that critical habitat was prudent for eight of these species 
(Adenophorus periens, Brighamia rockii, Delissea undulata, Isodendrion 
pyrifolium, Phyllostegia mannii, Schiedea nuttallii, Solanum 
incompletum, and Tetramolopium remyi) in other proposed rules published 
on November 7, 2000 (Kauai), December 27, 2000 (Lanai), December 29, 
2000 (Molokai), and January 28, 2002 (Kauai revised proposal). No 
change is made to these prudency determinations for these eight species 
in this proposal and they are hereby incorporated by reference (65 FR 
79192; 65 FR 82086; 65 FR 83158; and 67 FR 3940). In this proposal, we 
propose designation of critical habitat for Brighamia rockii, 
Isodendrion pyrifolium, Phyllostegia mannii, and Tetramolopium remyi on 
the island of Maui, based on new information and information received 
during the comment periods on the December 18, 2000, proposal. Critical 
habitat is not proposed for Adenophorus periens, Delissea undulata, 
Schiedea nuttallii, and Solanum incompletum on the

[[Page 15897]]

islands of Maui and Kahoolawe because we did not identify habitat 
essential to their conservation on these islands.
    In this proposal, we determine that critical habitat is prudent for 
Asplenium fragile var. insulare, a species recently rediscovered on 
Maui and for which a prudency determination has not been made 
previously. Critical habitat is proposed at this time for Asplenium 
fragile var. insulare on Maui based on new information and information 
received during the comment periods on the December 18, 2000, proposal.
    In this proposal, we determine that critical habitat is prudent for 
six other species (Clermontia peleana, Gouania vitifolia, Nototrichium 
humile, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium) for which prudency determinations have not been made 
previously, and that no longer occur on Maui but are reported from one 
or more other islands. These six plants were listed as endangered 
species under the Endangered Species Act of 1973, as amended (Act) 
between 1994 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 
designation of critical habitat is prudent for these six species 
because we believe that such designation would be beneficial to these 
species. Critical habitat is proposed at this time for Gouania 
vitifolia and Nototrichium humile, on Maui based on new information and 
information received during the comment periods on the December 18, 
2000, proposal. Critical habitat is not proposed for Clermontia 
peleana, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium on the island of Maui because we did not identify habitat 
essential to their conservation on this island.
    In this proposal, we propose designation of critical habitat for 61 
species: Alectryon macrococcus, Argyroxiphium sandwicense ssp. 
macrocephalum, Asplenium fragile var. insulare, Bidens micrantha ssp. 
kalealaha, Bonamia menziesii, Brighamia rockii, Cenchrus agrimonioides, 
Centaurium sebaeoides, Clermontia lindseyana, Clermontia oblongifolia 
ssp. mauiensis, Clermontia samuelii, Colubrina oppositifolia, Ctenitis 
squamigera, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, 
Cyanea grimesiana ssp. grimesiana, Cyanea hamatiflora ssp. hamatiflora, 
Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, Diellia erecta, 
Diplazium molokaiense, Dubautia plantaginea ssp. humilis, Flueggea 
neowawraea, Geranium arboreum, Geranium multiflorum, Gouania vitifolia, 
Hedyotis coriacea, Hedyotis mannii, Hesperomannia arborescens, 
Hesperomannia arbuscula, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion pyrifolium, Kanaloa kahoolawensis, Lipochaeta kamolensis, 
Lysimachia lydgatei, Mariscus pennatiformis, Melicope adscendens, 
Melicope balloui, Melicope knudsenii, Melicope mucronulata, Melicope 
ovalis, Neraudia sericea, Nototrichium humile, Peucedanum sandwicense, 
Phlegmariurus mannii, Phyllostegia mannii, Phyllostegia mollis, 
Plantago princeps, Platanthera holochila, Pteris lidgatei, Remya 
mauiensis, Sanicula purpurea, Schiedea haleakalensis, Sesbania 
tomentosa, Spermolepis hawaiiensis, Tetramolopium capillare, 
Tetramolopium remyi, Vigna o-wahuensis, and Zanthoxylum hawaiiense on 
the islands of Maui and Kahoolawe, based on new information and 
information received during the comment period on the December 18, 
2000, proposal. Critical habitat is not proposed for 8 species: 
Adenophorus periens, Clermontia peleana, Delissea undulata, 
Phyllostegia parviflora, Schiedea hookeri, Schiedea nuttallii, Solanum 
incompletum, and Tetramolopium arenarium on the islands of Maui or 
Kahoolawe because we did not identify habitat essential to their 
conservation on these islands. Critical habitat is not proposed for 
Acaena exigua, for which we determined, on December 18, 2000, that 
critical habitat designation is not prudent because this species has 
not been seen recently in the wild, and no viable genetic material of 
this species is known. No change is made to that determination here.
    Based on a review of new biological information and public comments 
received, we have revised our December 18, 2000, proposal to 
incorporate the following changes in addition to those described above: 
changes in our approach to delineate 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 inessential 
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 61 plant species, including portions 
of Federal land within Haleakala National Park.

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.
    In order to be included in a critical habitat designation, the 
habitat must

[[Page 15898]]

first be ``essential to the conservation of the species.'' Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas that provide 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 our 
decisions 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 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) 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 for 37 plants from the islands of Maui and Kahoolawe on 
December 18, 2000. These species are: Argyroxiphium sandwicense ssp. 
macrocephalum, Bidens micrantha ssp. kalealaha, Cenchrus agriminoides, 
Clermontia lindseyana, Clermontia oblongifolia ssp. mauiensis, 
Colubrina oppositifolia, Ctenitis squamigera, Cyanea grimesiana ssp. 
grimesiana, Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, 
Diellia erecta, Diplazium molokaiense, Geranium arboreum, Geranium 
multiflorum, Hedyotis coriacea, Hedyotis mannii, Hesperomannia 
arborescens, Hesperomannia arbuscula, Hibiscus brackenridgei, Ischaemum 
byrone, Lipochaeta kamolensis, Lysmachia lydgatei, Mariscus 
pennatiformis, Melicope adscendens, Melicope balloui, Melicope 
mucronulata, Melicope ovalis, Neraudia sericea, Phlegmariurus mannii, 
Phyllostegia mollis, Pteris lidgatei, Remya mauiensis, Sanicula 
purpurea, Schiedea haleakalensis, Tetramolopium capillare, and Vigna o-
wahuensis. In a previous proposal, published on November 7, 2000, we 
determined that designation of critical habitat was prudent for 11 
plants (Alectryon macrococcus, Bonamia menziesii, Centaurium 
sebaeoides, Flueggea neowawrae, Melicope knudsenii, Peucedanum 
sandwicense, Plantago princeps, Platanthera holochila, Sesbania 
tomentosa, Spermolepis hawaiiensis, Zanthoxlum hawaiiense) that are 
reported from Maui and Kahoolawe as well as from Kauai and Niihau. In 
addition, at the time we listed Clermontia samuelii, Cyanea copelandii 
ssp. haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. 
hamatiflora, Dubautia plantaginea ssp. humilis, and Kanaloa 
kahoolawensis, on September 3, 1999, we determined that designation of 
critical habitat was prudent for these six taxa from Maui and 
Kahoolawe. No change is made to these 54 prudency determinations in 
this revised proposal and they are hereby incorporated by reference (64 
FR 48307; 65 FR 66808; 65 FR 79192).
    No change is made here to the prudency determination for Acaena 
exigua, a species known only from Mt. Waialeale on Kauai and Puu Kukui 
on Maui, published in the December 18, 2000, proposal and hereby 
incorporated by reference (65 FR 79192). Acaena exigua has not been 
seen on Kauai for over 100 years. This species was last observed at Puu 
Kukui on Maui in 1999 and has not been observed in this area in 
subsequent surveys (H. Oppenheimer, pers. comm., 2001). 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 Acaena exigua 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 the December 18, 2000, proposal we did not determine prudency 
nor propose designation of critical habitat for 14 species that we 
believed no longer occurred on Maui and Kahoolawe but were reported 
from one or more other islands. We determined that critical habitat was 
prudent for eight of these species (Adenophorus periens, Brighamia 
rockii, Delissea undulata, Isodendrion pyrifolium, Phyllostegia mannii, 
Schiedea nuttallii, Solanum incompletum, and Tetramolopium remyi) in 
other proposed rules published on November 7, 2000 (Kauai), December 
27, 2000 (Lanai), December 29, 2000 (Molokai), and January 28, 2002 
(Kauai revised proposal). No change is made to these prudency 
determinations for these eight species in this proposal and they are 
hereby incorporated by reference (65 FR 66808, 65 FR 82086, 65 FR 
83158, and 67 FR 3940). In this proposal, we propose designation of 
critical habitat for Brighamia rockii, Isodendrion pyrifolium, 
Phyllostegia mannii, and Tetramolopium remyi on the island of Maui, 
based on new information and information received during the

[[Page 15899]]

comment periods on the December 18, 2000, proposal. Critical habitat is 
not proposed for Adenophorus periens, Delissea undulata, Schiedea 
nuttallii, and Solanum incompletum on the islands of Maui and Kahoolawe 
because we did not identify habitat essential to their conservation on 
these islands.
    To determine whether critical habitat would be prudent for 
Asplenium fragile var. insulare, a species recently rediscovered on 
Maui and for which a new prudency determination has not yet been made, 
we analyzed the potential threats and benefits for this species in 
accordance with the court orders. This plant was listed as an 
endangered species under the Act in 1994. At the time Asplenium fragile 
var. insulare 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 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 
Asplenium fragile var. insulare 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 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 Asplenium fragile var. insulare, 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. 
Asplenium fragile var. insulare is reported from private, State, and 
Federal lands on Maui and Hawaii (Federal lands include Haleakala 
National Park on Maui, and Hawaii Volcanoes National Park and the U.S. 
Army's Pohakuloa Training Area on the island of Hawaii). While a 
critical habitat designation for habitat currently occupied by 
Asplenium fragile var. insulare 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 
consultations 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 this 
species and dissemination of information regarding its essential 
habitat requirements. Therefore, we propose that designation of 
critical habitat is prudent for Asplenium fragile var. insulare.
    To determine whether critical habitat would be prudent for six 
other species (Clermontia peleana, Gouania vitifolia, Nototrichium 
humile, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium) for which prudency determinations have not been made 
previously, and that no longer occur on Maui but are reported from one 
or more other islands, we analyzed the potential threats and benefits 
for these species in accordance with the court's order. These six 
plants were listed as endangered species under the Act between 1994 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 or would not benefit the plant. We 
examined the evidence now available for these six species and have not, 
as 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 
Clermontia peleana, Gouania vitifolia, Nototrichium humile, 
Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium arenarium 
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 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 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 Clermontia peleana, Gouania vitifolia, Nototrichium 
humile, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium, 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. Three of these species, 
Nototrichium humile, Schiedea hookeri, and Tetramolopium arenarium, are 
reported from Federal lands or lands that are administered by a Federal 
agency on other islands (Nototrichium humile and Schiedea hookeri are 
reported from the U.S. Army's Makua Military Reservation and Schofield 
Barracks Military Reservation, and the U.S. Navy's Lualualei Naval 
Magazine on the island of Oahu; Tetramolopium arenarium is reported 
from the U.S. Army's Pohakuloa Training Area on the island of Hawaii) 
where actions are subject to section 7 consultation. Although Gouania 
vitifolia and Phyllostegia parviflora are located exclusively on non-
Federal lands with limited Federal activities on the islands of Hawaii 
and/or Oahu, there could be Federal actions affecting these lands in 
the future. Clermontia peleana was observed in the wild as recently as 
1998 on the island of Hawaii on Federal (Hakalau National Wildlife 
Refuge) and State lands. This species was not relocated in surveys 
conducted in 1999; however, viable genetic material is in propagation 
at the State's Volcano Rare Plant Facility on the island of Hawaii, and 
recovery objectives for this species include propagation and 
outplanting of propagated individuals within its historic range 
(Service 1996a). While a critical habitat designation for habitat 
currently occupied by Gouania vitifolia, Nototrichium humile, 
Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium arenarium 
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 consultations would be triggered only if 
critical habitat were designated. Critical habitat

[[Page 15900]]

may also trigger section 7 consultations for Clermontia peleana that 
would not otherwise occur. 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 Clermontia peleana, 
Gouania vitifolia, Nototrichium humile, Phyllostegia parviflora, 
Schiedea hookeri, and Tetramolopium arenarium.

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 Adenophorus periens, Alectryon 
macrococcus, Argyroxiphium sandwicense ssp. macrocephalum, Asplenium 
fragile var. insulare, Bidens micrantha ssp. kalealaha, Bonamia 
menziesii, Brighamia rockii, Cenchrus agrimonioides, Centaurium 
sebaeoides, Clermontia lindseyana, Clermontia oblongifolia ssp. 
mauiensis, Clermontia peleana, Clermontia samuelii, Colubrina 
oppositifolia, Ctenitis squamigera, Cyanea copelandii ssp. 
haleakalaensis, Cyanea glabra, Cyanea grimesiana ssp. grimesiana, 
Cyanea hamatiflora ssp. hamatiflora, Cyanea lobata, Cyanea mceldowneyi, 
Cyrtandra munroi, Delissea undulata, Diellia erecta, Diplazium 
molokaiense, Dubautia plantaginea ssp. humilis, Flueggea neowawraea, 
Geranium arboreum, Geranium multiflorum, Gouania vitifolia, Hedyotis 
coriacea, Hedyotis mannii, Hesperomannia arborescens, Hesperomannia 
arbuscula, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Kanaloa kahoolawensis, Lipochaeta kamolensis, Lysimachia 
lydgatei, Mariscus pennatiformis, Melicope adscendens, Melicope 
balloui, Melicope knudsenii, Melicope mucronulata, Melicope ovalis, 
Neraudia sericea, Nototrichium humile, Peucedanum sandwicense, 
Phlegmariurus mannii, Phyllostegia mannii, Phyllostegia mollis, 
Phyllostegia parviflora, Plantago princeps, Platanthera holochila, 
Pteris lidgatei, Remya mauiensis, Sanicula purpurea, Schiedea 
haleakalensis, Schiedea hookeri, Schiedea nuttallii, Sesbania 
tomentosa, Solanum incompletum, Spermolepis hawaiiensis, Tetramolopium 
arenarium, Tetramolopium capillare, Tetramolopium remyi, Vigna o-
wahuensis, 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 69 species; the December 18, 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 
Maui and Kahoolawe; discussions with botanical experts; and 
recommendations from the HPPRCC (see also the discussion below) 
(Service 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001; 
HPPRCC 1998; HINHP Database 2000, CPC in litt. 1999; 65 FR 79192; R. 
Hobdy et al., in litt. 2001; J. Lau, in litt. 2001).
    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 
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 plant species 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 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 61 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 
recommendations 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 December 18, 2000, proposal, we determined that the 
designation of critical habitat was prudent for 37 plant species known 
currently from the islands of Maui or Kahoolawe and in that proposal we 
identified the physical and biological features that are considered 
essential to the conservation of the 37 species on the islands of Maui 
or Kahoolawe (65 FR 79192). In a previous proposal, published on 
November 7, 2000, we determined that designation of critical habitat 
was prudent for 11 plants (Alectryon macrococcus, Bonamia menziesii, 
Centaurium sebaeoides, Flueggea neowawrae, Melicope knudsenii, 
Peucedanum sandwicense, Plantago princeps, Platanthera holochila, 
Sesbania tomentosa, Spermolepis hawaiiensis, Zanthoxlum hawaiiense) 
that are reported from Maui and Kahoolawe as well as from Kauai and 
Niihau. In the December 18, 2000, proposal, we identified the physical 
and biological features that are considered essential to the 
conservation of these 11 species on the islands of Maui or Kahoolawe 
(65 FR 79192). In addition, at the time we listed Clermontia samuelii, 
Cyanea copelandii ssp.

[[Page 15901]]

haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, 
Dubautia plantaginea ssp. humilis, and Kanaloa kahoolawensis, on 
September 3, 1999, we determined that designation of critical habitat 
was prudent for these six taxa from Maui and Kahoolawe. In the December 
18, 2000, proposal, we identified the physical and biological features 
that are considered essential to the conservation of these six species 
on the islands of Maui or Kahoolawe (65 FR 79192). Based on new 
information and information received regarding the physical and 
biological features that are considered essential to the conservation 
of these 54 species during the comment periods on the December 18, 
2000, proposal, we have revised the physical and biological features 
that are considered essential to the conservation of these 54 plant 
species on the islands of Maui and Kahoolawe.
    In other proposals published on December 27, 2000, December 29, 
2000, or on January 28, 2002, we determined that the designation of 
critical habitat was prudent for eight species (Adenophorus periens, 
Brighamia rockii, Delissea undulata, Isodendrion pyrifolium, 
Phyllostegia mannii, Schiedea nuttallii, Solanum incompletum, and 
Tetramolopium remyi) that no longer occur on Maui and Kahoolawe but are 
reported from one or more other islands. Based on new information and 
information received during the comment periods on the December 18, 
2000, proposal regarding the physical and biological features (i.e. 
locale information, elevation, vegetation, and associated species) that 
are considered essential to the conservation of four of these eight 
species, we have identified the physical and biological features that 
are considered essential to the conservation of Brighamia rockii, 
Isodendrion pyrifolium, Phyllostegia mannii, and Tetramolopium remyi on 
the island of Maui. We are unable to identify these features for 
Adenophorus periens, Delissea undulata, Schiedea nuttallii, and Solanum 
incompletum on the island of Maui because information on these features 
for these species on Maui is not 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 
Adenophorus periens, Delissea undulata, Schiedea nuttallii, and Solanum 
incompletum on the island of Maui. However, proposed critical habitat 
designations for Adenophorus periens, Delissea undulata, and Schiedea 
nuttallii were included in proposals published on November 7, 2000, or 
December 29, 2000 (65 FR 66808; 65 FR 83158). In addition, we will 
consider proposing designation of critical habitat for Adenophorus 
periens, Delissea undulata, Schiedea nuttallii, and Solanum incompletum 
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 Asplenium fragile var. insulare, a species 
recently rediscovered on Maui and for which a prudency determination 
has not been made previously. Based on new information received on the 
rediscovered population in Kalialinui regarding the physical and 
biological features (such as locale information, vegetation type, 
elevational range, and associated species) that are considered 
essential to the conservation of Asplenium fragile var. insulare we 
have identified the physical and biological features that are 
considered essential to the conservation of Asplenium fragile var. 
insulare on the island of Maui.
    In this proposal, we determine that the designation of critical 
habitat is prudent for six species (Clermontia peleana, Gouania 
vitifolia, Nototrichium humile, Phyllostegia parviflora, Schiedea 
hookeri, and Tetramolopium arenarium) for which prudency determinations 
have not been made previously, and that no longer occur on Maui but are 
reported from one or more other islands. Based on new information and 
information received regarding the physical and biological features 
that are considered essential to the conservation of Gouania vitifolia 
and Nototrichium humile during the comment periods on the December 18, 
2000, proposal, we have identified the physical and biological features 
that are considered essential to the conservation of these two species 
on the island of Maui. These features include locale information, 
elevational range, vegetation type, and associated species for both 
Gouania vitifolia and Nototrichium humile. Information on the locale, 
elevational range, vegetation type, and associated species for 
Clermontia peleana, Phyllostegia parviflora, Schiedea hookeri, and 
Tetramolopium arenarium is not available at this time and thus we are 
unable to identify these features for Clermontia peleana, Phyllostegia 
parviflora, Schiedea hookeri, and Tetramolopium arenarium on the island 
of Maui. 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 Clermontia peleana, Phyllostegia parviflora, Schiedea 
hookeri, and Tetramolopium arenarium on the island of Maui. However, we 
will consider proposing designation of critical habitat for Clermontia 
peleana, Phyllostegia parviflora, Schiedea hookeri, and Tetramolopium 
arenarium 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 61 species at issue and contain one or more 
of the 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 61 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 from which the plant species are reported, 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 provides 
information on soil type, elevation, rainfall regime, and temperature. 
Elevation indicates information on daily and seasonal temperature 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 the 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 Maui and Kahoolawe.

D. Criteria Used to Identify Critical Habitat

    In the December 18, 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 elevation. The areas we 
proposed to designate as critical habitat provided some or all of the 
habitat components essential for the conservation of the 61

[[Page 15902]]

plant species. Specific details regarding the delineation of the 
proposed critical habitat units were given in the December 18, 2000, 
proposal (65 FR 79192). In that proposal, we did not include 
potentially suitable unoccupied habitat that is important to the 
recovery of the 61 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.
    However, following publication of the December 18, 2000 (65 FR 
79192), proposal we received new information regarding the physical and 
biological features, such as locale information, elevational range, 
vegetation type, and associated species that are considered essential 
for the conservation of many of these 61 species and information on 
potentially suitable habitat within the historical range for many of 
these species. Based on a review of this new biological information and 
public comments received following publication of the other three 
proposals to designate critical habitat for Hawaiian plants on Kauai 
and Niihau (65 FR 66808), 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.
    While 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 and their recovery plans, 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, to identify potentially suitable habitat within the known 
historic range of each species.
    We considered several factors in the selection and proposal of 
specific boundaries for critical habitat for these 61 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 1995a, 1995b, 1996a, 
1996b, 1997, 1998a, 1998b, 1999, 2001). Thus, 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 
perennial species, 300 individuals per population for short-lived 
perennial species, and 500 mature individuals per population for annual 
species. There are some specific exceptions to this general recovery 
goal of 8 to 10 populations for species that are believed to 
historically have occurred as one large, scattered population (e.g., 
Argyroxiphium sandwicense ssp. macrocephalum (Service 1997)), and the 
proposed critical habitat designations reflect this exception for this 
species. To be considered recovered, each population of a species 
endemic to the islands of Maui or Kahoolawe 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 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 
2001). A population, for the purposes of this discussion and as defined 
in the recovery plans for these species, is a unit in which the 
individuals could be regularly cross-pollinated, influenced by the same 
small-scale events (such as landslides), and containing 100, 300, or 
500 individuals, depending on whether the species is a long-lived 
perennial, short-lived perennial, or annual.
    By adopting these specific recovery objectives enumerated here, the 
adverse effects of genetic inbreeding and random environmental events 
and catastrophes, such as landslides, hurricanes, or tsunamis, 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. While they are expected to be further refined 
as more information on the population biology of each species becomes 
available, the justification for these objectives is found in the 
current conservation biology literature addressing the conservation 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. 1900; 
Quintana-Ascencio and Menges 1996; Taylor 1995; Tear et al. 1995; Wolf 
and Harrison 2001). The overall goal of recovery 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 (1996), require 
from 50 to 2,500 individuals per population, based largely on research 
and theoretical modeling on endangered animals, since much less 
research has been done on endangered plants. Many aspects of a 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 these 
characteristics that can be uniformly applied to all Hawaiian plant 
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

[[Page 15903]]

species, and 500 individuals per population for annual species.
    For Argyroxiphium sandwicense ssp. macrocephalum, the recovery goal 
is one population of greater than 50,000 individuals. This is based on 
the best scientific judgment of Hawaiian botanical experts, including 
HPPRCC members, who developed the recovery plan for this species, that 
this species probably occurred historically as one single population 
(Service 1997). The large number of total individuals is based on the 
more detailed knowledge available on the life history of this species, 
including the fact that it is a monocarpic species (only flowering once 
before dying), requires 15 to 50 years to mature, and must be cross-
pollinated from a genetically different plant to produce viable seeds 
(Loope and Medeiros 1994, Carr et al. 1986). All of these 
characteristics indicate the need for more individuals in order to 
maintain a genetically diverse, viable population (Pavlik 1996).
    The HPPRCC also recommended the conservation and establishment of 8 
to 10 populations to address the numerous risks to the long-term 
survival and conservation of Hawaiian plant species. However, as 
explained above, the recovery goal for Argyroxiphium sandwicense ssp. 
macrocephalum is one population, rather than 8 to 10 populations, of 
greater than 50,000 individuals. Although absent the detailed 
information inherent to the types of PVA models described above 
(Burgman et al. 2001), this approach 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 whole 
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 plant species. By 
maintaining 8 to 10 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 to10 viable 
plant populations on one or more islands 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 is essential to give the species a 
reasonable likelihood of long-term survival and recovery, based on 
currently available information.
    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 except Argyroxiphium sandwicense ssp. macrocephalum as 
explained above. 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).
    In this proposal, we have defined the primary constituent elements 
based on the general habitat features of the areas from which the 
plants are reported, from such as the type of plant community the 
plants are reported from, the associated native plant species, the 
physical location (e.g., steep rocky cliffs, talus slopes, 
streambanks), and elevation. The areas we are proposing to designate as 
critical habitat provide some or all of the habitat components 
essential for the conservation of the 61 plant species.
    Changes in our approach to delineate proposed critical habitat 
units were incorporated in the following manner:
    1. We focused on designing 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 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 conservation would be available within the 
critical habitat units identified as containing the appropriate primary 
constituent elements for each species. For multi-island species 
multiple populations of each taxon were identified on islands where 
they now occur or occurred historically. Because of the need to propose 
critical habitat on an island by island basis for multi-island species 
we evaluated the historical distribution of each multi-island species 
throughout Hawaii, to the best of our ability. We expect to refine 
proposed areas for these multi-island species once all the proposed 
rules for the Hawaiian Islands are published. This refinement will be

[[Page 15904]]

based on an evaluation on what is essential to the species on these 
islands throughout its historical distribution. Of the areas identified 
as potentially suitable habitat, only those areas within the least-
disturbed suitable habitat and that were determined were proposed as 
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 our review of current 
literature on gene flow (Barret and Kohn 1991; Fenster and Dudash 1994; 
Havens 1998; M.H. Schierup and F.B. Christiansen 1996).
    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 61 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, section 7 consultation is 
necessary and adverse modification could occur if the primary 
constituent elements are affected. Therefore, not all activities within 
critical habitat would trigger an adverse modification conclusion. In 
defining critical habitat boundaries, we made an effort to avoid 
developed areas, such as towns and other similar lands, that are 
unlikely to contribute to the conservation of the 61 species. However, 
the minimum mapping unit that we used to approximate our delineation of 
critical habitat for these species did not allow us to exclude all such 
developed areas. In addition, existing features and structures within 
the boundaries of the mapped unit, such as buildings, roads, aqueducts, 
telecommunications equipment, telemetry antennas, radars, missile 
launch sites, arboreta and gardens, heiau (indigenous places of worship 
or shrines), airports, other paved areas, and other rural residential 
landscaped areas do not contain one or more of the primary constituent 
elements and would be excluded under the terms of this proposed 
regulation. Federal actions limited to those areas, therefore, would 
not trigger a section 7 consultation, unless they affect the species 
and/or primary constituent elements in adjacent critical habitat.
    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. Based on the best 
available information, we believe these areas constitute the habitat 
necessary to provide for the conservation of these 61 species.

E. Managed Lands

    Currently occupied and historically known sites containing one or 
more of the primary constituent elements considered essential to the 
conservation of these 61 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 Maui and Kahoolawe 
with a known occurrence of one of the 61 species was contacted by mail. 
We reviewed all information received in response to our landowner 
mailing and open houses held at two locations (the Lahaina Civic Center 
and the Wailuku Community Center) on the island of Maui on January 11 
and 12, 2000, respectively. 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 Maui under State 
of Hawaii jurisdiction, we met with staff from the DOFAW office in Maui 
to discuss their current management for the plants on their lands. We 
also 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 1995a, 1995b, 1996a, 
1996b, 1997, 1998a, 1998b, 1999, 2001; 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

[[Page 15905]]

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 
(Cuddihy and Stone 1990; Mack 1992; Scott et al. 1986; Howarth 1985, 
Smith 1985; D'Antonio and Vitousek 1992, Tunison et al. 1992; Service 
1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001; 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 61 species (Service 1995a, 
1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001), in the 1998 
HPPRCC report to the Service (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. 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 plant species; (7) 
propagation, reintroduction, 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 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 
1999, 2001). 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, 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 
61 species of plants are found on Federal, State, and private lands on 
the islands of Maui and Kahoolawe. In response to our public notices; 
letters to landowners; open houses; meetings; the December 18, 2000, 
proposal; public comment periods; and the March 20, 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 planting of native plants.

Federal Lands

    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) 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.
    One species, Sesbania tomentosa, occurs on Kanaio Training Area 
(Hawaii Army National Guard) lands on the island of Maui, and we 
believe this land is essential for the conservation of this species. In 
1998, funds were provided for protective fencing and monitoring of 
Sesbania tomentosa on this land. Since then, however, these management 
activities for Sesbania tomentosa have been curtailed due to a lack of 
funding (Lt. Col. Richard Young, Hawaii Army National Guard, in litt. 
2000). Because appropriate conservation management strategies has not 
been adequately funded or effectively implemented for Sesbania 
tomentosa on this land, we cannot at this time find that management of 
this land 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 Sesbania tomentosa, and 
provides for its long-term conservation and assurances that the 
conservation

[[Page 15906]]

management strategies will be effective 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. Therefore, this area has been 
included within the proposed critical habitat units.
    Contractors for the U.S. Navy are clearing the State-owned island 
of Kahoolawe of military ordinance utilizing Congressional funding that 
expires in 2003. The Navy has consulted with the Service under section 
7 of the Act to ensure protection of threatened and endangered species 
during the clearance activities. In June 1998, the State of Hawaii 
Kahoolawe Island Reserve Commission developed an environmental 
restoration plan for Kahoolawe (Social Science Research Institute, 
University of Hawaii 1998). The plan, however, does not address 
specific management actions to protect and conserve endangered plant 
species. While the island is isolated and remote, and access is 
restricted due to the presence of unexploded ordnance hazards, this 
action alone is not sufficient to indicate that additional special 
management is not required for the listed plant species, and areas on 
the island are included within the proposed critical habitat units for 
Kanaloa kahoolawensis, Hibiscus brackenridgei, Sesbania tomentosa, and 
Vigna o-wahuensis.
    Protective fencing and monitoring of the endangered plant Sesbania 
tomentosa on the leased U.S. military lands (Hawaii Army National 
Guard) at Kanaio Training Area, Maui, were initially funded in 1998. 
Since then, however, these management activities for Sesbania tomentosa 
have been curtailed due to a lack of funding (Lt. Col. Richard Young, 
Hawaii Army National Guard, in litt. 2000). Therefore, this area has 
been included within the proposed critical habitat units.
    Twelve species (Argyroxiphium sandwicense ssp. macrocephalum, 
Asplenium fragile var. insulare, Bidens micrantha ssp. kalealaha, 
Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea 
hamatiflora ssp. hamatiflora, Geranium arboreum, Geranium multiflorum, 
Melicope balloui, Melicope ovalis, Plantago princeps, and Schiedea 
haleakalaensis) are reported from U.S. National Park lands at Haleakala 
National Park, Maui (GDSI 2000; HINHP 2000). In the December 18, 2000, 
proposal we determined that lands within the Park were adequately 
managed for the conservation of the listed species that occur on those 
lands and were not in need of special management considerations or 
protection. Therefore, we determined that these lands did not meet the 
definition of critical habitat in the Act, and we did not propose 
designation of these lands as critical habitat. However, during the 
comment periods on the December 18, 2000, proposal we received 
information from the Park Superintendent that funding for the 
conservation and management of the listed plant species on lands within 
Haleakala National Park may not be adequate nor sufficiently certain 
every year to support a determination that these lands do not meet the 
definition of critical habitat. Thus, lands within the Haleakala 
National Park are included in this proposal.

State of Hawaii Lands

    Two plant species, Geranium multiflorum and Clermontia samuelii 
ssp. hanaensis, are reported from the upper areas of Hanawi Natural 
Area Reserve (HNAR) (GDSI 2000; HINHP Database 2000). The HNAR was 
established in 1986, and comprises 3,035 ha (7,500 ac) of diverse 
native ecosystems and endangered forest bird habitats. Natural Area 
Reserves are managed by the Department of Land and Natural Resources 
(DLNR), except that any use must be specifically approved by the 
Natural Area Reserve System Commission. Natural Area Reserves are held 
in trust by the State and may not be alienated except upon a finding by 
the DLNR of an imperative and unavoidable necessity. DLNR must provide 
public notice and conduct public hearings before revoking or modifying 
an executive order that sets aside lands for the reserve system (Haw. 
Rev. Stat. Secs. 195-1--195-11). The primary goals of the HNAR are to: 
(1) Protect the upper areas of the reserve by fencing smaller 
manageable units to restrict pig movements; (2) prevent degradation of 
native forest by reducing feral ungulate damage; and (3) improve or 
maintain the integrity of native ecosystems in selected areas of the 
preserve by reducing the effects of non-native plants.
    Specific management actions to address feral ungulate impacts 
include the construction of fences, including strategic fencing of 
smaller manageable units, and staff hunting. Currently, the upper 809 
ha (2,000 ac) has been fenced and pigs removed. Fences are constructed 
along the western boundaries of the HNAR, along the 1,585 m (5,200 ft) 
contour to the east up to the Haleakala National Park boundary on State 
land. The Haleakala National Park fence serves as the upper fence 
boundary for HNAR. Additionally, fences have been constructed to 
separate three distinct management units: Puu Alaea Unit, Poouli Unit, 
and Kuhiwai/Waieleele Unit. Since the removal of pigs in these upper 
forest units of the HNAR, vegetation monitoring has been implemented to 
determine recovery of native plant species. Currently, a fence is being 
constructed along the 1,100 m (3,600 ft) contour of the HNAR which will 
comprise the ``middle forest unit'' (B. Evanson, pers. comm., 1999).
    The non-native plant control program within HNAR focuses on 
habitat-modifying non-native plants (weeds). A weed priority list has 
been compiled for HNAR, and control and monitoring of the highest 
priority species are ongoing. Weeds are controlled manually, 
chemically, or through a combination of both. Monitoring transects help 
locate developing populations of other priority weed species and, if 
necessary, removal of these populations is conducted (DLNR 1989).
    Because these plants and their habitats within the upper areas of 
Hanawi NAR (above 1,525 m (5,000 ft)) are permanently protected and 
managed by State law and because the continued successful management of 
this area is assured by State funding, this area is not in need of 
special management considerations or protection. Therefore, we have 
determined that the State land within the upper areas of Hanawi NAR 
does not meet the definition of critical habitat in the Act, and we are 
not proposing designation of this area as critical habitat. Should the 
status of this reserve change, for example by revocation or 
modification of the NAR, we will reconsider whether it then meets the 
definition of critical habitat. If so, we have the authority to propose 
to amend critical habitat to include such area at that time. 50 CFR 
424.12(g).

Private Lands

    Ten species (Alectryon macrococcus, Argyroxiphium sandwicense ssp. 
macrocephalum, Asplenium fragile var. insulare, Bonamia menziesii, 
Ctenitis squamigera, Cyanea lobata, Diplazium molokaiense, Geranium 
arboreum, Geranium multiflorum, and Platanthera holochila) are reported 
from The Nature Conservancy's Waikamoi and Kapunakea Preserves which 
are located on the northeast slopes of Haleakala and in the West Maui 
mountains, respectively (The Nature Conservancy of Hawaii (TNCH) 1997, 
1998; GDSI 2000; HINHP Database 2000). Both preserves were established 
by grants of perpetual

[[Page 15907]]

conservation easements from the private landowners to TNCH and are 
included in the State's Natural Area Partnership (NAP) program, which 
provides matching funds for the management of private lands that have 
been permanently dedicated to conservation (TNCH 1997, 1998).
    Under the NAP program, the State of Hawaii provides matching funds 
on a two-for-one basis for management of private lands dedicated to 
conservation. In order to qualify for this program, the land must be 
dedicated in perpetuity through transfer of fee title or a conservation 
easement to the State or a cooperating entity. The land must be managed 
by the cooperating entity or a qualified landowner according to a 
detailed management plan approved by the Board of Land and Natural 
Resources. Once approved, the 6-year partnership agreement between the 
State and the managing entity is automatically renewed each year so 
that there are always 6 years remaining in the term, although the 
management plan is updated and funding amounts are re-authorized by the 
board at least every 6 years. By April 1 of any year, the managing 
partner may notify the State that it does not intend to renew the 
agreement; however, in such case the partnership agreement remains in 
effect for the balance of the existing 6-year term, and the 
conservation easement remains in full effect in perpetuity. The 
conservation easement may be revoked by the landowner only if State 
funding is terminated without the concurrence of the landowner and 
cooperating entity. Prior to terminating funding, the State must 
conduct one or more public hearings. The NAP program is funded through 
real estate conveyance taxes which are placed in a Natural Area Reserve 
Fund. Participants in the NAP program must provide annual reports to 
the Department of Land and Natural Resources (DLNR) and DLNR makes 
annual inspections of the work in the reserve areas. See Haw. Rev. 
Stat. Secs. 195-1--195-11; Hawaii Administrative Rules Sec. 13-210.
    Management programs within the preserves are documented in long-
range management plans and yearly operational plans. These plans detail 
management measures that protect, restore, and enhance the rare plants 
and their habitats within the preserves and in adjacent areas (TNCH 
1997, 1998, 1999). These management measures address factors which led 
to the listing of the 12 species including control of non-native 
species of ungulates, rodents, and weeds. In addition, habitat 
restoration and monitoring are also included in these plans.
    The primary management goals for both Kapunakea and Waikamoi 
Preserves are to (1) prevent degradation of native forest by reducing 
feral ungulate damage; (2) improve or maintain the integrity of native 
ecosystems in selected areas of the preserve by reducing the effects of 
non-native plants; (3) increase the understanding of threats posed by 
small mammals and reduce their negative impact, where possible; (4) 
prevent extinction of rare species in the preserve; (5) track the 
biological and physical resources in the preserves and to evaluate 
changes in these resources over time; (6) identify new threats to the 
preserves before they become established pests; and (7) build public 
understanding and support for the preservation of natural areas, and to 
enlist volunteer assistance for preserve management (TNCH 1997, 1998).
    The goal of the ungulate program is to bring pig populations to 
zero as rapidly as possible. Specific management actions to address 
feral ungulate impacts include the construction of fences, including 
strategic fencing (fences placed in proximity to natural barriers such 
as cliffs), annual monitoring of ungulate presence transects, and 
trained staff and volunteer hunting. Since axis deer may also pose a 
threat to the preserves, TNCH is a member of the Maui Axis Deer Group 
(MADG) and staff meet regularly with other MADG members to seek 
solutions. In Waikamoi Preserve, the management actions also include 
working with community hunters in conjunction with the East Maui 
Watershed Partnership (EMWP). In Kapunakea Preserve, a system of 
transects extend the length of the preserve to monitor resource 
threats, including ungulate presence. By monitoring ungulate activity 
within the preserve, the staff is able to assess the success of the 
hunting program. If increased hunting pressure does not reduce feral 
ungulate activity in the preserves, the preserve staff work with the 
hunting group to identify and implement alternative methods (TNCH 1997, 
1998).
    The non-native plant control program within both preserves focuses 
on controlling habitat-modifying non-native plants (weeds) in intact 
native communities and preventing the introduction of additional alien 
plants. Based on the degree of threat to native ecosystems, a weed 
priority list has been compiled for the preserves, and control and 
monitoring of the highest priority species are ongoing. Weeds are 
controlled manually, chemically, or through a combination of both. 
Preventative measures (prevention protocol) are required by all 
(volunteers, riders, and hiking participants) who enter the preserves. 
This protocol includes such things as brushing footgear before entering 
the preserves to remove seeds of non-native plants. Weeds are monitored 
along transects annually, weed priority maps are maintained, staff 
participate as members of the Melastome Action Committee and the Maui 
Invasive Species Committee (MISC), and cooperate with the Division of 
Conservation and Resources Enforcement (DOCARE) in marijuana control, 
as needed.
    The effects of non-native invertebrates and small mammals on native 
Hawaiian ecosystems is poorly understood. Initial control measures such 
as anti-coagulant diphacinone bait stations are being used to control 
rats in areas of suspected impact; however, valid conclusions from data 
gathered have not been drawn. Adaptive management will be applied when 
new information becomes available (TNCH 1997, 1998).
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserves and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored throughout the preserves to document long term ecological 
changes, and rare plant species are monitored to assess population 
status. Cuttings of endangered plants are taken to the University of 
Hawaii's tissue culture lab at Lyon Arboretum for propagation. In 
addition, the preserve staff provides logistical support to scientists 
and others who are conducting research within the preserves.
    Kapunakea Preserve is adjacent to two areas that are also managed 
to protect natural resources: Puu Kukui Watershed Management Area (WMA) 
and the Honokowai section of the State West Maui NAR. The Conservancy 
currently acts as a consultant to Maui Land and Pineapple Co., managers 
of Puu Kukui WMA, and has a Master Cooperative Agreement with the State 
DOFAW. These agreements are used to coordinate management and sharing 
of staff and equipment, and expertise to maximize management 
efficiency.
    Waikamoi Preserve is adjacent to three other large areas that are 
also managed to protect natural resources: Haleakala National Park, the 
State's Koolau Forest Reserve, and the State Hanawi NAR. An agreement 
between the Division of Land and Natural Resources (DLNR), East Maui 
Irrigation Co., Keola Hana Maui Inc., Haleakala Ranch Company, County 
of Maui, The Nature Conservancy, and Haleakala

[[Page 15908]]

National Park implementing a joint management plan (East Maui Watershed 
Partnership Plan) for the entire East Maui Watershed. Management 
efforts at Waikamoi will, as much as possible, complement the 
objectives of the plan. The partnership agreement will be used to 
coordinate management and sharing of staff and equipment, and expertise 
to maximize management efficiency (TNCH 1998).
    Because the preserves and the continuing management plans being 
implemented for these plants and their habitats within the preserves 
provided a conservation benefit to the species and are permanently 
protected and managed, these lands meet the three criteria for 
determining that an area is not in need of special management. 
Therefore, we have determined that the private lands within Waikamoi 
Preserve and Kapunakea Preserve do not meet the definition of critical 
habitat in the Act, and we are not proposing designation of these lands 
as critical habitat. Should the status of any of these reserves change, 
for example by non-renewal of a partnership agreement or termination of 
NAP funding, we will reconsider whether it then meets the definition of 
critical habitat. If so, we have the authority to propose to amend 
critical habitat to include such area at that time (50 CFR 424.12(g)).
    Eight species (Ctenitis squamigera, Clermontia oblongifolia ssp. 
mauiensis, Cyanea lobata, Cyrtandra munroi, Hesperomannia arborescens, 
Phlegmariurus mannii, Platanthera holochila, and Sanicula purpurea) are 
reported from the Maui Pineapple Company's Puu Kukui Watershed 
Management Area (Puu Kukui WMA), located in the West Maui mountains 
(GDSI 2000; HINHP Database 2000; Maui Land and Pineapple Co., Ltd. 
undated). In the December 18, 2000, proposal we determined that lands 
within the Puu Kukui Watershed Management Area were adequately managed 
for the conservation of the listed species that occur on those lands 
and were not in need of special management considerations or 
protection. Therefore, we determined that these lands did not meet the 
definition of critical habitat in the Act, and we did not propose 
designation of these lands as critical habitat. However, during the 
comment periods on the December 18, 2000, proposal we received 
information from the Watershed Supervisor that funding for the 
conservation and management of the listed plant species on lands within 
Puu Kukui Watershed Management Area was not adequate nor assured. 
Therefore, we have determined that lands within Puu Kukui Watershed 
Management Area are in need of special management considerations or 
protection and thus meet the definition of critical habitat in the Act.
    In summary, we believe that the habitat within Waikamoi and 
Kapunakea Preserves, and the upper area (above 1,525 m (5,000 ft)) of 
Hanawi Natural Area Reserve, are being adequately managed for the 
conservation of the listed species that occur within these areas and 
are not in need of special management considerations or protection. 
Therefore, we have determined that these lands do not meet the 
definition of critical habitat in the Act, and we are not proposing 
designation of these lands as critical habitat. However, we are 
specifically soliciting comments on the appropriateness of this 
approach.
    As described above, 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 islands of Maui and 
Kahoolawe. We support these efforts and provide technical assistance 
whenever possible. We are soliciting comments on whether future 
development and approval of conservation measures (e.g., Conservation 
Agreements, Safe Harbor Agreements) should trigger revision of 
designated critical habitat to exclude such lands, and if so, by what 
mechanism.
    The proposed critical habitat areas described below constitute our 
best assessment of the physical and biological features needed for the 
conservation of the 61 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 proposal 
acknowledging that we have incomplete information regarding many of the 
primary biological and physical requirements for these species. 
However, both the Act and the relevant court orders require us to 
proceed with designation at this time based on the best information 
available. As new information accrues, we may reevaluate which areas 
warrant critical habitat designation. We anticipate that comments 
received through the public review process and from 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.
    Proposed critical habitat includes habitat for 61 species under 
private, State, and Federal jurisdiction (owned and leased lands), with 
Federal lands including lands managed by the National Park Service and 
the Department of Defense. Lands proposed as critical habitat have been 
divided into 13 units (Maui A through Maui M) on the island of Maui, 
and two units on the island of Kahoolawe (Kahoolawe A through B). A 
brief description of each unit is presented below.

  Table 5.--Approximate proposed critical habitat area by unit and land ownership or jurisdiction, Maui County,
                                                   Hawaii.\1\
----------------------------------------------------------------------------------------------------------------
            Unit name                 State/local           Private             Federal              Total
----------------------------------------------------------------------------------------------------------------
Maui A..........................  1,298 ha (3,208     2,586 ha (6,390     ..................  3,884 ha (9,598
                                   ac).                ac).                                    ac)
Maui B1.........................  1,177 ha (2,909     3,197 ha (7,899     ..................  4,374 ha (10,808
                                   ac).                ac).                                    ac) \1\
Maui B2.........................  4 ha (9 ac).......  358 ha (884 ac)...  ..................  362 ha (893 ac)
Maui C1.........................  ..................  23 ha (56 ac).....  ..................  23 ha (56 ac)
Maui C2.........................  ..................  10 ha (24 ac).....  ..................  10 ha (24 ac)
Maui C3.........................  78 ha (192 ac)....  85 ha (209 ac)....  ..................  162 ha \1\ (400
                                                                                               ac) \1\
Maui C4.........................  88 ha (216 ac)....  74 ha (184 ac)....  ..................  162 ha (400 ac)
Maui D1.........................  3,191 ha (7,885     3,759 ha (9,289     ..................  6,950 ha (17,175
                                   ac).                ac).                                    ac) \1\
Maui D2.........................  ..................  212 ha (523 ac)...  ..................  212 ha (523 ac)
Maui E..........................  830 ha (2,051 ac).  559 ha (1,380 ac).  ..................  1,389 ha (3,432
                                                                                               ac) \1\
Maui F..........................  144 ha (357 ac)...  ..................  ..................  144 ha (357 ac)
Maui G1.........................  1 ha (1 ac).......  4 ha (10 ac)......  ..................  4 ha 1 (10 ac) \1\
Maui G2.........................  1 ha (2 ac).......  ..................  ..................  1 ha (2 ac)

[[Page 15909]]

 
Maui G3.........................  7 ha (16 ac)......  ..................  ..................  7 ha (16 ac)
Maui G4.........................  5 ha (13 ac)......  16 ha (37 ac).....  ..................  22 ha \1\ (53 ac)
                                                                                               \1\
Maui G5.........................  16 ha (41 ac).....  15 ha (37 ac).....  ..................  31 ha (77 ac) \1\
Maui G6.........................  11 ha (27 ac).....  ..................  ..................  11 ha (27 ac) \1\
Maui H..........................  10,254 ha (25,340   3,586 ha (8,862     259 ha (641 ac)...  14,101 ha \1\
                                   ac).                ac).                                    (34,843 ac)
Maui I1.........................  678 ha (1,678 ac).  621 ha (1,534 ac).  563 ha (1,391 ac).  1,862 ha (4,601
                                                                                               ac)
Maui I2.........................  177 ha (437 ac)...  503 ha (1,243 ac).  ..................  680 ha (1,680 ac)
Maui I3.........................  282 ha (697 ac)...  170 ha (420 ac)...  ..................  452 ha (1,117 ac)
Maui I4.........................  98 ha (239 ac)....  399 ha (986 ac)...  ..................  497 ha (1,227 ac)
                                                                                               \1\
Maui J..........................  ..................  8 ha (21 ac)......  5,782 ha (14,287    5,790 ha (14,308
                                                                           ac).                ac)
Maui K..........................  3,375 ha (8,339     ..................  2,089 ha (5,163     5,464 ha (13,502
                                   ac).                                    ac).                ac)
Maui L..........................  1,562 ha (3,860     2,927 ha (7,234     122 ha (302 ac)...  4,612 ha \1\
                                   ac).                ac).                                    (11,396 ac)
Maui M..........................  2 ha (6 ac).......  ..................  ..................  2 ha (6 ac)
Maui Total......................  23,278 ha (57,522   19,112 ha (47,225   8,815 ha (21,784    51,208 ha \1\
                                   ac).                ac).                ac).                (126,531 ac) \1\
Kahoolawe A.....................  713 ha (1,762 ac).  ..................  ..................  713 ha (1,762 ac)
Kahoolawe B.....................  1 ha (1 ac).......  ..................  ..................  1 ha (1 ac)
    Grand Total.................  23,991 ha (59,285   19,112 ha (47,225   8,815 ha (21,784    51,921 ha \1\
                                   ac).                ac).                ac).                (128,294 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or
  difference due to rounding.

Descriptions of Critical Habitat Units

Maui A

    The proposed unit Maui A provides occupied habitat for 7 species: 
Clermontia oblongifolia ssp. mauiensis, Colubrina oppositifolia, 
Ctenitis squamigera, Cyanea lobata, Cyrtandra munroi, Remya mauiensis, 
and Sanicula purpurea. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for their conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 100 mature 
individuals per population for Colubrina oppositifolia, or 300 mature 
individuals per population for Clermontia oblongifolia ssp. mauiensis, 
Ctenitis squamigera, Cyanea lobata, Cyrtandra munroi, Remya mauiensis, 
and Sanicula purpurea 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 9 
species: Alectryon macrococcus, Cyanea glabra, Gouania vitifolia, 
Hedyotis mannii, Hesperomannia arbuscula, Phlegmariurus mannii, 
Platanthera holochila, Plantago princeps, and Pteris lidgatei. 
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 Maui 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 Alectryon macrococcus and 
Hesperomannia arbuscula, or 300 mature individuals per population for 
Cyanea glabra, Hedyotis mannii, Phlegmariurus mannii, Platanthera 
holochila, Plantago princeps, and Pteris lydgatei throughout their 
known historical range (see the discussion of conservation requirements 
in Section D, and in the table for Maui A).
    The unit contains a total of 3,884 ha (9,598 ac) on State and 
privately owned lands. It is bounded on the north by Honolua watershed 
and on the south by Kahoma watershed and includes portions of 
Honokahua, Honokohau, Honokowai, Iao, Kahana, Kauaula, Wahikuli 
watersheds. It contains all of the Honokowai Section West Maui Natural 
Area Reserve and portions of the West Maui Forest Reserve, Puu Kukui 
Watershed Management and Panaewa Section West Maui Natural Area Reserve 
and surrounds the Kapunakea Preserve. The natural features of this unit 
include Amalu Stream, Kapaloa Stream, Kaulalewelewe (summit), Kekaalaau 
(summit), Puu Kaeo, Puu Makina, and Violet Lake.

Key for tables Maui A-M and Kahoolawe A-B.

    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 per population.
    10. Life history, short-lived perennial--300 mature, reproducing 
individuals per population.
    11. Life history, annual--500 mature, reproducing individuals 
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.
    Species that are wide ranging require more land than 
species with more discrete ranges. Not all suitable habitat is 
designated, only those areas essential for the conservation of the 
species.
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Maui B

    The proposed unit Maui B (units B1 and B2) provides occupied 
habitat for 7 species: Cyanea lobata, Hesperomannia arborescens, 
Phlegmariurus mannii, Platanthera holochila, Plantago princeps, 
Pteris lydgatei, and Sanicula purpurea. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on Maui, and 
provides habitat to support one or more of the 8 to 10 populations 
and 100 mature individuals per population for Hesperomannia 
arborescens, or 300 mature individuals per population Cyanea lobata, 
Hesperomannia arborescens, Phlegmariurus mannii, Platanthera 
holochila, Plantago princeps, Pteris lydgatei, and Sanicula purpurea 
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 4 species: Clermontia 
oblongifolia ssp. mauiensis, Ctenitis squamigera, Cyrtandra munroi, 
and Diplazium molokaiense. 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 Maui and provides habitat to support one or more 
additional populations necessary to meet the recovery objectives of 
8 to 10 populations and 300 mature individuals per population for 
Clermontia oblongifolia ssp. mauiensis, Ctenitis squamigera, 
Cyrtandra munroi, and Diplazium molokaiense throughout their known 
historical range (see the discussion of conservation requirements in 
Section D, and in the table for Maui B).
    This unit cluster contains a total of 4,736 ha (11,701 ac) on 
State and privately owned lands. It is bounded on the west by 
Honokohau watershed and on the east by Waiehu watershed and contains 
portions of the Anakaluahine, Honanana, Honokowai, Kahakuloa, 
Kahana, Makamakaole, Poelua, Waihee, and Waipili watersheds. It 
contains portions of the Puu Kukui Watershed Management reserve, 
West Maui Forest Reserve, and Kahakuloa Section West Maui Natural 
Area Reserve. The natural features include: unit B1, Mauna Alani, 
Eke Crater, Keahialoa (summit), Keahikauo (summit), Lanilili 
(summit), Mananole Stream, and Kane, Puu o Kaupo; and unit B2, 
Anakaluahine Gulch and a small portion of Honkohau Stream.

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Maui C

    The proposed unit Maui C (units C1 through C4) provides occupied 
habitat for two species: Centaurium sebaeoides and Sesbania 
tomentosa. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on Maui, and provides habitat to support one or 
more of the 8 to 10 populations and 300 mature individuals per 
population for Sesbania tomentosa, 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 one species. Brighamia rockii. 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 Maui 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 100 
mature individuals per population, throughout its known historical 
range (see the discussion of conservation requirements in Section D, 
and in the table for Maui C).
    This unit cluster contains a total of 357 ha (880 ac) on State, 
county, and privately owned lands. It is bounded by the coast line 
and in the west by Honolua watershed and in the east by Waihee 
watershed and contains portions of Anakaluahine, Honanana, 
Honokohau, Kahakuloa, Makamakaole, Poelua, Waiolai, and Waipili 
watersheds. The geographic features include: unit C1, Keonehelelee 
(beach) and Pohakupule Gulch; unit C2, Punaha Gulch; unit C3, 
Anakaluahine Gulch, Honanana Gulch, Kanounou Point, Keawalua 
(beach), Mokolea Point, Nakalele Point, Owaluhi Gulch, Papanahoa 
Gulch, Poelua Gulch, and Waikeakua Gulch; and unit C4, Hakuhee 
Point, Kaemi (cape), Kahakuloa Head, Kupaa Gulch, Makalina Ravine, 
Puu Kahulianapa, Puu Koae, Puu Makawana, Wailena Gulch, Waiokila 
Gulch, Waiolai Gulch, and Waipili Gulch.

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Maui D

    The proposed unit Maui D (units D1 and D2) provides occupied 
habitat for 18 species: Ctenitis squamigera, Cyanea glabra, Cyanea 
grimesiana ssp. grimesiana, Cyanea lobata, Diellia erecta, Dubautia 
plantaginea ssp. humilis, Hedyotis coriacea, Hedyotis mannii, 
Hesperomannia arbuscula, Hibiscus brackenridgei, Lysimachia 
lydgatei, Neraudia sericea, Phlegmariurus mannii, Platanthera 
holochila, Pteris lydgatei, Remya mauiensis, Spermolepis 
hawaiiensis, and Tetramolopium capillare. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on Maui, and 
provides habitat to support one or more of the 8 to 10 populations 
and 100 mature individuals per population for Hesperomannia 
arbuscula, or 300 mature individuals per population for Ctenitis 
squamigera, Cyanea glabra, Cyanea grimesiana ssp. grimesiana, Cyanea 
lobata, Diellia erecta, Dubautia plantaginea ssp. humilis, Hedyotis 
coriacea, Hedyotis mannii, Hibiscus brackenridgei, Lysimachia 
lydgatei, Neraudia sericea, Phlegmariurus mannii, Platanthera 
holochila, Pteris lydgatei, Remya mauiensis, and Tetramolopium 
capillare, 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: 
Cenchrus agrimonioides, Clermontia oblongifolia ssp. mauiensis, 
Cyrtandra munroi, Diplazium molokaiense, Gouania vitifolia, 
Isodendrion pyrifolium, Peucedanum sandwicense, Plantago princeps, 
Sanicula purpurea, and Tetramolopium remyi. 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 Maui, 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 Colubrina oppositifolia, or 
300 mature individuals for Clermontia oblongifolia ssp. mauiensis, 
Cyrtandra munroi, Plantago princeps, and Sanicula purpurea 
throughout their known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Maui 
D).
    The unit cluster contains a total of 7,162 ha (17,698 ac) on 
State and privately owned lands. It contains portions of the Iao, 
Kahoma, Kauaula, Launiupoko, Olowalu, Papalaua, Pohakea, Ukumehame, 
Waiehu, Waihee, and Waikapu watersheds. This unit also contains the 
Lihau Section West Maui NAR and the Manawainui Plant Sanctuary and 
portions of the Panaewa Section West Maui Natural Area Reserve and 
the West Maui Forest Reserve. The natural features of this unit 
include: unit D1, Halepohaku (summit), Helu (summit), Hokuula 
(summit), Kahoolewa Ridge, Kapilau Ridge, Koai (summit), Lihau 
(summit), Luakoi (summit), Luakoi Ridge, Nakalaloa Stream, The 
Needle (summit), Paupau (summit), Poohahoahoa Stream, Puu Hipa, Puu 
Kukui, Puu Lio, and Ulaula (summit); and unit D2, Kaonohua Gulch, 
Kaunoahua Ridge, and Paleaahu Gulch.

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Maui E

    The proposed unit Maui E provides occupied habitat for two 
species: Bonamia menziesii and Hibiscus brackenridgei. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Maui, and provides habitat to support one or more of 
the 8 to 10 populations and 300 mature individuals per population 
for Bonamia menziesii and Hibiscus brackenridgei 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 Maui 
E).
    The unit contains a total of 1,398 ha (3,432 ac) on State and 
privately owned lands. It is contained in the north in the Hapapa 
watershed and in the south by the Wailea watershed. The natural 
features include Kekuawahaulaula (summit) and Nawawaeoalika 
(summit).

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Maui F

    The proposed unit Maui F provides occupied habitat for one 
species, Vigna o-wahuensis. It is proposed for designation because 
it contains the physical and biological features that are considered 
essential for its conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 100 mature 
individuals per population for Vigna o-wahuensis throughout its 
known historical range considered by the recovery plan to be 
necessary for the conservation of this species (see the discussion 
of conservation requirements in Section D, and in the table for Maui 
F).
    The unit contains a total of 144 ha (357 ac) on State owned 
land. It is in the Kanaio watershed and has no named natural 
features but it is on the shore between Kamanamana Cape in the west 
and Pohakueaea Point in the east.

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Maui G

    The proposed unit Maui G (units G1 through G6) 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 Maui, 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 plan to be necessary for 
the conservation of the species. This unit also provides unoccupied 
habitat for three species: Brighamia rockii, Mariscus pennatiformis, 
and Peucedanum sandwicense. 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 Maui, 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 Brighamia rockii, Mariscus pennatiformis, and 
Peucedanum sandwicense, throughout their known historical range (see 
the discussion of conservation requirements in Section D, and in the 
table for Maui G).
    This unit cluster contains a total of 76 ha (185 ac) on State 
and privately owned lands. It is bounded on the west by Wahinepee 
watershed and on the east by Honomaele watershed and contains 
portions of the East Wailuaiki, Haipuaena, Hanawi, Kapaula, 
Kopiliula, Ohia, Paakea, Punalau, Puohokamoa, Waiaaka, Waiohue, and 
Waiokamilo watersheds. Unit G6 contains a portion of the 
Waianapanapa State Park. The natural features of this unit cluster 
include: unit G1, Wahinepee Stream; unit G2, is all of Keopuka Rock, 
an offshore islet; unit G3, Haipuaena Stream and Moiki Point; unit 
G4, Manahoa Rock, Paepaemoana Point, Pauwalu Point, Waiokamilo 
Stream, and Waiokilo; unit G5, Hanawi Stream, Kapaula Gulch, Paakea 
Gulch, and Papiha Point; unit G6, Keawaiki Cape and Pukaulua Point.

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Maui H

    The proposed unit Maui H provides occupied habitat for 15 
species: Alectryon macrococcus, Bidens micrantha ssp. kalealaha, 
Bonamia menziesii, Cenchrus agrimonioides, Flueggea neowawraea, 
Geranium arboreum, Lipochaeta kamolensis, Melicope adscendens, 
Melicope knudsenii, Melicope mucronulata, Neraudia sericea, 
Phlegmariurus mannii, Sesbania tomentosa, Spermolepis hawaiiensis, 
and Zanthoxylum hawaiiense. It is proposed for designation because 
it contains the physical and biological features that are considered 
essential for their conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 100 mature 
individuals per population for Alectryon macrococcus, Flueggea 
neowawraea, Geranium arboreum, Melicope adscendens, Melicope 
knudsenii, Melicope mucronulata, and Zanthoxylum hawaiiense, or 300 
individuals per population for Bidens micrantha ssp. kalealaha, 
Bonamia menziesii, Cenchrus agrimonioides, Lipochaeta kamolensis, 
Neraudia sericea, Phlegmariurus mannii, and Sesbania tomentosa, or 
500 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: Argyroxiphium 
sandwicense ssp. macrocephalum, Clermontia lindseyana, Colubrina 
oppositifolia, Diellia erecta, Diplazium molokaiense, Geranium 
multiflorum, Nototrichium humile, Phyllostegia mollis, Plantago 
princeps and Schiedea haleakalensis. 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 Maui, and provides habitat to support one 
or more additional populations necessary to meet the recovery 
objectives of 8 to 10 populations for Clermontia lindseyana, 
Colubrina oppositifolia, Diellia erecta, Diplazium molokaiense, 
Geranium multiflorum, Nototrichium humile, Phyllostegia mollis, 
Plantago princeps and Schiedea haleakalensis and 100 mature 
individuals per population for Colubrina oppositifolia and Geranium 
multiflorum, or 300 mature individuals for Clermontia lindseyana, 
Diellia erecta, Diplazium molokaiense, Nototrichium humile, 
Phyllostegia mollis, Plantago princeps and Schiedea haleakalensis, 
or greater than 50,000 individuals of Argyroxiphium sandwicense ssp. 
macrocephalum, 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 Maui H).
    The unit contains a total of 14,101 ha (34,843 ac) on Federal, 
State, and privately owned lands. It is bounded on the west by 
Kanaio watershed and on the east by Nuu watershed and contains 
portions of the Hapapa, Kaupo, Kipapa, Manawainui Gulch, Pahihi, 
Piinaau, Poopoo, Waiakoa, Wailea, Waiopai watersheds. This unit 
contains all of the Kanaio Natural Area Reserve and portions of the 
Haleakala National Park, Kahikinui Forest Reserve, and Kula Forest 
Reserve. The natural features include Hokukano (summit), Kahua 
(summit), Kamole Gulch, Keonehunehune (summit), Kolekole (summit), 
Lualailua Hills, Magnetic Peak, Manukani (summit), Nawini (summit), 
Pimoe (summit), Pohakea (summit), Polipoli (summit), Pukai Gulch, 
Puu Kao, Puu Ouli, Puu Pane, Red Hill, Uma (summit), and Wailaulau 
Gulch.
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Maui I

    The proposed unit Maui I (I1 through I4) provides occupied 
habitat for three species: Diellia erecta, Diplazium molokaiense, 
and Geranium arboreum. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for their conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 100 mature 
individuals per population for Geranium arboreum, or 300 mature 
individuals per population for Diellia erecta, and Diplazium 
molokaiense 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 eight 
species: Asplenium fragile var. insulare, Bidens micrantha ssp. 
kalealaha, Phlegmariurus mannii, Phyllostegia mollis, Plantago 
princeps. 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 
Maui, and provides habitat to support one or more additional 
populations necessary to meet the recovery objectives of 8 to 10 
populations for Asplenium fragile var. insulare, Bidens micrantha 
ssp. kalealaha, Clermontia lindseyana, Geranium multiflorum, 
Phlegmariurus mannii, Phyllostegia mollis, and Plantago princeps and 
100 mature individuals per population for Geranium multiflorum, or 
300 mature individuals per population for Asplenium fragile var. 
insulare, Bidens micrantha ssp. kalealaha, Clermontia lindseyana, 
Phlegmariurus mannii, Phyllostegia mollis, and Plantago princeps, or 
greater than 50,000 individuals of Argyroxiphium sandwicense ssp. 
macrocephalum, throughout their known historical range (see the 
discussion of conservation requirements in Section D, and in the 
table for Maui I).
    The unit cluster contains a total of 1,629 ha (4,024 ac) on 
Federal, State and privately owned lands. It is in portions of the 
Hapapa, Honomanu, Kalialinui, Kanaio, Kipapa, Manawainui Gulch, 
Piinaau, Wahinepee, Waiakoa, and Wailea watersheds. This unit 
contains portions of Haleakala National Park, Haleakala Ranch, 
Kahikinui Forest Reserve, Kula Forest Reserve, and Waikamoi 
Preserve. The natural features include Kalepeamoa (summit), Kanahau 
(summit), Puu Makua, and Waihou Spring.

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Maui J

    The Proposed unit Maui J provides occupied habitat for five 
species: Argyroxiphium sandwicense ssp. macrocephalum, Bidens 
micrantha ssp. kalealaha, Geranium multiflorum, Plantago princeps, 
and Schiedea haleakalensis. It is proposed for designation because 
it contains the physical and biological features that are considered 
essential for their conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations for Bidens micrantha 
ssp. kalealaha, Geranium multiflorum, Plantago princeps, and 
Schiedea haleakalensis and 100 mature individuals per population for 
Geranium multiflorum, or 300 mature individuals per population for 
Bidens micrantha ssp. kalealaha, Plantago princeps, and Schiedea 
haleakalensis, or greater than 50,000 individuals of Argyroxiphium 
sandwicense ssp. macrocephalum 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: Asplenium fragile var. insulare, 
Clermontia samuelii, 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 Maui, 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 300 
mature individuals per population, throughout their known historical 
range (see the discussion of conservation requirements in Section D, 
and in the table for Maui J).
    The unit contains a total of 5,790 ha (14,308 ac) on Federal and 
privately owned lands. It is in the East Wailuaiki, Hanawi, 
Heleleikeoha, Honomanu, Kaupo, Kopiliula, Koukouai, Kuhiwa, 
Manawainui, Manawainui Gulch, Nuu, Oheo, Pahihi, Piinaau, West 
Wailuaiki, Wailuanui, and Waiopai watersheds. This unit contains a 
portion of Haleakala National Park. The natural features in this 
unit include Wai Anapanapa (lake), Halalii (summit), Haleakala 
(summit), Haleakala Crater, Hanakauhi (summit), Haupaakea Peak, 
Mauna Hina, Honokahua (summit), Ka Moa o Pele (summit), Kalahaku 
Pali, Kalapawili Ridge, Kalua Awa (summit), Kaluaiki (crater), 
Kaluanui (crater), Kaluu o ka Oo (crater), Kamaolii (summit), 
Keoneheehee (ridge), Kilohana (summit), Koolau Gap, Kuiki (summit), 
Kumuiilahi (summit), Laie Cave, Laie Puu, Lauulu (summit), Leleiwi 
Pali, Namana o ke Akua (summit), Oili Puu, Pakaoao (White Hill), 
Pohaku Palaha (summit), Puu Kauaua, Puu Kumu, Puu Maile, Puu Mamane, 
Puu Naue, Puu Nole, Puu o Maui, and Puu o Pele.

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Maui K

    The proposed unit Maui K provides occupied habitat for seven 
species: Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis, 
Cyanea hamatiflora ssp. hamatiflora, Melicope balloui, Melicope 
ovalis, Phlegmariurus mannii, and Plantago princeps. It is proposed 
for designation because it contains the physical and biological 
features that are considered essential for their conservation on 
Maui, and provides habitat to support one or more of the 8 to 10 
populations for each species and 100 mature individuals per 
population for Melicope balloui, and Melicope ovalis, or 300 mature 
individuals per population for Clermontia samuelii, Cyanea 
copelandii ssp. haleakalaensis, Cyanea hamatiflora ssp. hamatiflora, 
Phlegmariurus mannii, 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 four species: Alectryon macrococcus, Cyanea 
glabra, Geranium multiflorum, 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 Maui, 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 Alectryon macrococcus 
and Geranium multiflorum, or 300 mature individuals per population 
for Cyanea glabra and Platanthera holochila, throughout their known 
historical range (see the discussion of conservation requirements in 
Section D, and in the table for Maui K).
    The unit contains a total of 5,464 ha (13,502 ac) on Federal, 
State, and privately owned lands. It is bounded on the Alelele, 
Hahalawe, Heleleikeoha, Honolewa, Honomaele, Kaapahu, Kahawaihapapa, 
Kakiweka, Kalena, Kalepa, Kapia, Kawaipapa, Kawakoe, Keaaiki, 
Koukouai, Lelekea, Manawainui, Nuanuaaloa, Oheo, Opelu, Waieli, 
Waihole, Wailua, Waiohonu, and Waioni watersheds. It contains 
portions of Haleakala National Park, Hana Forest Reserve, Hanawi 
Natural Area Reserve, Kipahulu Forest Reserve, and Koolau Forest 
Reserve. The natural features include Kaumakani (summit), Kipahulu 
Valley, Puu Ahulili, and Puu Kue.
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[[Page 15944]]

Maui L

    The proposed unit Maui L provides occupied habitat for seven 
species: Cyanea copelandii ssp. haleakalaensis, Cyanea hamatiflora 
ssp. hamatiflora, Cyanea mceldowneyi, Geranium multiflorum, Melicope 
balloui, Phlegmariurus mannii, and Zanthoxylum hawaiiense. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Maui, and provides habitat to support one or more of 
the 8 to 10 populations for each species and 100 mature individuals 
per population for Geranium multiflorum, Melicope balloui, and 
Zanthoxylum hawaiiense, or 300 mature individuals per population for 
Cyanea copelandii ssp. haleakalaensis, Cyanea hamatiflora ssp. 
hamatiflora, Cyanea mceldowneyi, Phlegmariurus mannii, and 
Platanthera holochila, 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 nine species: Alectryon macrococcus, Argyroxiphium 
sandwicense ssp. macrocephalum, Asplenium fragile var. insulare, 
Clermontia samuelii, Cyanea glabra, Diplazium molokaiense, 
Phyllostegia mannii, Phyllostegia mollis, 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 Maui, and 
provides habitat to support one or more additional populations 
necessary to meet the recovery objectives of 8 to 10 populations for 
Alectryon macrococcus, Asplenium fragile var. insulare, Clermontia 
samuelii, Cyanea glabra, Diplazium molokaiense, Phyllostegia mannii, 
Phyllostegia mollis, and Platanthera holochila and 100 mature 
individuals per population for Alectryon macrococcus, or 300 mature 
individuals per population for Asplenium fragile var. insulare, 
Clermontia samuelii, Cyanea glabra, Diplazium molokaiense, 
Phyllostegia mannii, Phyllostegia mollis, and Platanthera holochila, 
or greater than 50,000 individuals of Argyroxiphium sandwicense ssp. 
macrocephalum, throughout their known historical range (see the 
discussion of conservation requirements in Section D, and in the 
table for Maui L).
    The unit contains a total of 4,612 ha (11,396 ac) on Federal, 
State, and privately owned lands. It is in portions of the East 
Wailuaiki, Haipuaena, Hanawi, Heleleikeoha, Honomanu, Hoolawa, 
Kaaiea, Kailua, Kakipi, Kaupo, Kopiliula, Kuhiwa, Maliko, 
Nailiilihaele, Oheo, Piinaau, Puohokamoa, West Wailuaiki, Wahinepee, 
Wailuanui, and Waiokamilo watersheds. This unit contains portions of 
Haleakala National Park, Koolau Forest Reserve, and Makawao Forest 
Reserve. The natural features include East Wiluaiki Stream, Honomanu 
Stream, Kano Stream, Opana Gulch, Puu Alaea, Waikamoi Stream, 
Waiohiwi Gulch, and West Wailuanui Stream.

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Maui M

    The proposed unit Maui M provides occupied habitat for 
Spermolepis hawaiiense. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 500 mature 
individuals per population for Spermolepis hawaiiense throughout its 
known historical range considered by the recovery plans to be 
necessary for the conservation of this species (see the discussion 
of conservation requirements in Section D, and in the table for Maui 
M).
    The unit contains a total of 2 ha (6 ac) on State owned land. It 
is in the Kauaula watershed and has no named natural features but 
lies east of Lahaina luna High School and north-east of Piilani 
Ditch.
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[[Page 15950]]



Kahoolawe A

    The proposed unit Kahoolawe A provides occupied habitat for 
Vigna o-wahuensis. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on Maui, and provides habitat to 
support one or more of the 8 to 10 populations and 500 mature 
individuals per population for Vigna o-wahuensis throughout its 
known historical range considered by the recovery plans to be 
necessary for the conservation of this species. This unit provides 
unoccupied habitat for three species: Hibiscus brackenridgei, 
Kanaloa kahoolawensis, 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 Maui, 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 Hibiscus brackenridgei and 
Kanaloa kahoolawensis, or 300 mature individuals per population for 
Sesbania tomentosa throughout their known historical range 
considered by the recovery plans to be necessary for the 
conservation of these species (see the discussion of conservation 
requirements in Section D, and in the table for Kahoolawe A).
    The unit contains a total of 713 ha (1,762 ac) on State owned 
land. It is in portions of the Ahupuiki Gulch, Aleale, Heiau, Lae O 
Kaka, Kalama, Kanaloa Gulch, Kaukamoku Gulch, Kaulana, Lae o 
Kealaikahiki, Kealialuna, Lua, Kohe O Hala, Lae o Kuakaiwa, Lae o 
Kuikui, Makaalae, Papakanui Gulch, and Tank Ahupu Gulch.

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[[Page 15952]]



Kahoolawe B

    The proposed unit Kahoolawe B provides occupied habitat for two 
species, Kanaloa kahoolawensis and Sesbania tomentosa. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Maui, and provides habitat to support one or more of 
the 8 to 10 populations and 100 mature individuals per population 
for Kanaloa kahoolawensis, or 300 mature individuals per population 
for Sesbania tomentosa 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 Kahoolawe B).
    The unit contains a total of .5 ha (1 ac) on State owned land on 
Puu Koae Island.

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[[Page 15954]]

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 61 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 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 destroy or adversely 
modify 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 include 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 into critical habitat units; and
    (7) Importation of non-native species for research, agriculture, 
and aquaculture, and the release of biological control agents that 
would have unanticipated effects on the listed species and the 
primary constituent elements of their habitat.
    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

    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.

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

[[Page 15955]]

specifying such areas as critical habitat. We cannot exclude such 
areas from critical habitat when such exclusion will result in the 
extinction of the species concerned. We will conduct an analysis 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 attributable to 
listing these 61 plant species, where such estimates are available. 
This information on the baseline will allow a fuller appreciation of 
the economic impacts associated with listing and 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 reopen 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 islands of Maui and Kahoolawe. 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, distribution, and 
quality of habitat for the 61 species, and what habitat is essential 
to the conservation of the species and why;
    (4) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical 
habitat;
    (5) Any economic or other impacts resulting from the proposed 
designations of critical habitat, including any impacts on small 
entities or families;
    (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 Kanaio Training Area on the island of 
Maui; whether there will be a significant impact on military 
readiness or national security if we designate critical habitat on 
this facility, and whether this facility 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 June 3, 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.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three 
appropriate and independent specialists regarding this proposed 
rule. The purpose of such review is to ensure listing and critical 
habitat decisions are based on scientifically sound data, 
assumptions, and analyses. We will send copies of this proposed rule 
to these peer reviewers immediately following publication in the 
Federal Register. We will invite the peer reviewers to comment, 
during the public comment period, on the specific assumptions and 
conclusions regarding the proposed designations of critical habitat.
    We will consider all comments and data received during the 60-
day comment period on this 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: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street NW., 
Washington, DC 20240.

Taxonomic Changes

    At the time we listed Clermontia peleana, Cyanea grimesiana ssp. 
grimesiana, Cyanea lobata, Delissea undulata, Mariscus 
pennatiformis, Phyllostegia parviflora, and Phyllostegia mollis, we 
followed the taxonomic treatments in Wagner et al. (1990), the 
widely used and accepted Manual of the

[[Page 15956]]

Flowering Plants of Hawaii. For Phlegmariurus mannii we used the 
``Revised Checklist of Hawaiian Pteridophytes'' (Wagner and Wagner 
1994). Subsequent to the final listing, we became aware of new 
taxonomic treatments of these species. Due to the court-ordered 
deadlines, we are required to publish this proposal to designate 
critical habitat on Maui and Kahoolawe before we can prepare and 
publish a notice of taxonomic changes for these eight species. We 
propose to publish a taxonomic change notice to these eight species 
after we have published the final critical habitat designations on 
Maui and Kahoolawe. At that time we will evaluate the critical 
habitat designations on Maui and Kahoolawe for these eight species 
in light of any changes that may result from taxonomic changes in 
each species' current and historical range and primary constituent 
elements.

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 an 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 comment.
    (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.
    The dates for which the 61 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 61 Plants From the
                      Islands of Maui and Kahoolawe
------------------------------------------------------------------------
                                                           Additional
                                                           activities
                                Activities potentially     potentially
   Categories of activities       affected by species      affected by
                                     listing only       critical habitat
                                                         designation \1\
------------------------------------------------------------------------
Federal Activities Potentially  Activities the Federal  These same
 Affected \2\.                   Government (e.g.,       activities
                                 Army Corps of           carried out by
                                 Engineers, Department   Federal
                                 of Transportation,      Agencies in
                                 Department of           designated
                                 Defense, Department     areas where
                                 of Agriculture,         section 7
                                 Environmental           consultations
                                 Protection Agency,      would not have
                                 Federal Emergency       occurred but
                                 Management Agency,      for the
                                 Federal Aviation        critical
                                 Administration,         habitat
                                 Federal                 designation.
                                 Communications
                                 Commission,
                                 Department of the
                                 Interior) carries out
                                 or that 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 that         These same
 Activities Potentially          require a Federal       activities
 Affected \3\.                   action (permit,         carried out
                                 authorization, or       designated
                                 funding) and may        areas where
                                 remove or destroy in    section 7
                                 habitat for these       consultations
                                 plants by mechanical,   would not have
                                 chemical, or other      occurred but
                                 means (e.g.,            for the
                                 overgrazing,            critical
                                 clearing, cutting       habitat
                                 native live trees and   designation.
                                 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 these 
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 61 plant species since their listing 
between 1991 and 1999. 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

[[Page 15957]]

potential for impacts on other Federal agencies' activities, we will 
continue to review this proposed action for any inconsistencies with 
other Federal agencies' 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 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 Fairness 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 a substantial 
number of 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 impact 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 economic impact on a substantial 
number of small entities. However, should our economic analysis 
provide a contrary indication, we will revisit this determination at 
that time. The following discussion explains our rationale.
    According to the Small Business Association, 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 some 
circumstances, especially with proposed critical habitat 
designations of very limited extent, we may aggregate across all 
industries and consider whether the total number of small entities 
affected is substantial. 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 Alectryon macrococcus, 
Argyroxiphium sandwicense ssp. macrocephalum, Asplenium fragile var. 
insulare, Bidens micrantha ssp. kalealaha, Bonamia menziesii, 
Brighamia rockii, Cenchrus agrimonioides, Centaurium sebaeoides, 
Clermontia lindseyana, Clermontia oblongifolia ssp. mauiensis, 
Clermontia samuelii, Colubrina oppositifolia, Ctenitis squamigera, 
Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 
grimesiana ssp. grimesiana, Cyanea hamatiflora ssp. hamatiflora, 
Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, Diellia erecta, 
Diplazium molokaiense, Dubautia plantaginea ssp. humilis, Flueggea 
neowawraea, Geranium arboreum, Geranium multiflorum, Gouania 
vitifolia, Hedyotis coriacea, Hedyotis mannii, Hesperomannia 
arborescens, Hesperomannia arbuscula, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Kanaloa kahoolawensis, 
Lipochaeta kamolensis, Lysimachia lydgatei, Mariscus pennatiformis, 
Melicope adscendens, Melicope balloui, Melicope knudsenii, Melicope 
mucronulata, Melicope ovalis, Neraudia sericea, Nototrichium humile, 
Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia mannii, 
Phyllostegia mollis, Plantago princeps, Platanthera holochila, 
Pteris lidgatei, Remya mauiensis, Sanicula purpurea, Schiedea 
haleakalensis, Sesbania tomentosa, Spermolepis hawaiiensis, 
Tetramolopium capillare, Tetramolopium remyi, Vigna o-wahuensis, 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 (all of the proposed critical habitat 
areas are occupied by at least one 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. However, there will be little additional impact on 
State and local governments and their activities because all of the 
proposed critical habitat areas are occupied by at least one 
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 61 plant species were listed (between 1991 and 1999), on 
the island of Maui we have conducted only one formal consultation, 
and 14 informal consultations, in addition to consultations on 
Federal grants to State wildlife programs, which do not affect small 
entity. Three informal consultations were conducted with the U.S. 
Air Force, for the Maui Space Surveillance Site, who requested we 
review their final draft ``Environmental Assessment,'' ``Integrated 
Natural Resources Management Plan for the Maui Space Surveillance 
Complex,'' and the effects of the construction of the surveillance 
site on listed and proposed endangered and threatened species. One 
of the 61 species, Argyroxiphium sandwicense ssp. macrocephalum, was 
reported from the project area. Three informal consultations were 
conducted with Haleakala National Park, regarding a collecting 
permit for two of the 61 species, Geranium arboreum and Geranium 
multiflorum; review of the ``Environmental Assessment for 
Replacement of the Summit Comfort Station and Utilities Systems;'' 
and review of a park highway resurfacing project. One of the 61 
species, Argyroxiphium sandwicense ssp. macrocephalum, was reported 
from the comfort station project area and in close proximity to the 
highway resurfacing project area. One informal consultation was 
conducted with the Service's Ecological Services Program, for the 
effects of fencing and replanting on listed endangered and 
threatened species within the Auwahi Partnership Project area. Four 
of the 61 species, Bidens micrantha ssp. kalealaha, Geranium 
arboreum, Clermontia lindseyana, and Zanthoxylum hawaiiense, were 
reported from the project area. One informal consultation was 
conducted with the Service's Ecological Services Program, for the 
effects of fencing and hunting on listed endangered and threatened 
species within the Kahikinui Partnership Project area. Four of the 
61 species, Bidens micrantha ssp. kalealaha, Clermontia lindseyana, 
Diellia erecta, and Diplazium molokaiense, were reported from the 
project area. One informal

[[Page 15958]]

consultation was conducted with the Service's Ecological Services 
Program, for the effects of fencing and outplanting on listed 
endangered and threatened species within the Puu Makua Partnership 
Project area. Two of the 61 species, Bidens micrantha ssp. kalealaha 
and Geranium arboreum were reported from the project area. One 
informal consultation was conducted with the Service, for the 
effects of ungulate exclusion on listed endangered and threatened 
species within the Puu Kukui Partnership Project area. Two of the 61 
species, Cyanea mucronulata, and Ctenitis squamigera, were reported 
from the project area. One informal consultation was conducted with 
the Department of Defense, for review of the effects of the Kanaio 
National Guard Training Area on listed endangered and threatened 
species and review of ``Natural Resources Management Plan: Kanaio 
Guard Training Area.'' One of the 61 species, Sesbania tomentosa, 
was reported from the training area. Two informal consultations were 
conducted with the Department of Transportation, for review of the 
effects of the proposed Kihei-Upcountry Highway on listed endangered 
and threatened species. Two of the 61 species, Hibiscus 
brackenridgei and Bonamia menziesii, were reported from the vicinity 
of the project area. One informal consultations was conducted with 
the U.S. Department of Agriculture, for review of the effect of 
feral pig removal on listed endangered and threatened species within 
Waikamoi and Kapunakea Preserves. Twelve of the 61 species, 
Alectryon macrococcus, Argyroxiphium sandwicense ssp. macrocephalum, 
Bonamia menziesii, Colubrina oppositifolia, Ctenitis squamigera, 
Diplazium molokaiense, Geranium arboreum, Geranium multiflorum, 
Melicope balloui, Plantago princeps, Platanthera holochila, and 
Sanicula purpurea, are known to occur within the preserves. One 
formal consultation was conducted with the Federal Aviation 
Administration (FAA), for the review of the ``Final Environmental 
Impact Statement, Kahului Airport Improvements''. While only one of 
the 61 species, Nothocestrum breviflorum, was reported in the 
vicinity of the project area, the effects of the Airport Improvement 
Project were evaluated for all listed species and the designated 
critical habitat for Gouania hillebrandii on the island of Maui.
    None of these consultations affected or concerned small 
entities. In all 14 informal consultations, we concurred with each 
agency's determination that the project, as proposed, was not likely 
to adversely affect listed species. For the formal consultation, we 
determined that the airport improvement project, which included a 
mandatory state-of-the-art alien species interdiction facility, was 
not likely to jeopardize listed species nor adversely affect 
designated critical habitat for Gouania hillebrandii on the island 
of Maui. In addition, only the FAA's proposed airport improvement 
project is ongoing. The FAA is not a small entity. Therefore, the 
requirement to reinitiate consultation for ongoing projects will not 
affect a substantial number of small entities on Maui.
    There has been one informal consultation on the island of 
Kahoolawe. The consultation was conducted on behalf of the 
Department of the Navy, for the effects of ordinance cleanup on 
listed endangered and threatened species. Three of the 61 species, 
Kanaloa kahoolawensis, Sesbania tomentosa, and Vigna o-wahuensis, 
were reported from the project area. The Department of the Navy is 
not a small entity, therefore this consultation did not affect or 
concern small entities. In this case, we concurred with the agency's 
determination that the project as proposed was not likely to 
adversely affect listed species. Although this project is ongoing, 
it does not affect nor concern small entities, so the requirement to 
reinitiate consultation for ongoing projects will not affect a 
substantial number of small entities on Kahoolawe.
    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 61 plants that have Federal 
involvement would require consultation or reinitiation of already-
completed consultations for ongoing projects. As mentioned above, we 
have only conducted 15 informal consultations and 1 formal 
consultation under section 7 involving any of the species. As a 
result, we cannot, at this time, 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 Maui, approximately 17 percent of the proposed designations 
are on Federal lands, 45 percent are on State lands, and 37 percent 
are on private lands. Nearly all of the land within the critical 
habitat units is unsuitable for development, land uses, and 
activities. This is due to their remote locations, lack of access, 
and rugged terrain. The majority of this land (77 percent) and all 
of the land on Kahoolawe is within the State Conservation District 
where State land-use controls severely limit development and most 
activities. Approximately 23 percent of this land is within the 
State Agricultural District where only activities such as crops, 
livestock, grazing, and accessory structures and farmhouses are 
allowed. On non-Federal lands, activities that lack Federal 
involvement would not be affected by the critical habitat 
designations. 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; ranching; road improvements; 
recreational use such as hiking, camping, picnicking, game hunting, 
and fishing; botanical gardens; and, crop farming. With the 
exception of communications and tracking facilities improvements by 
the Federal Aviation Administration or the Federal Communications 
Commission, these activities are unlikely to have Federal 
involvement. 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 would likely 
affect only a small percentage of the small entities within these 
proposed critical habitat designations. We are not aware of any 
commercial activities on the Federal lands included in these 
proposed critical habitat designations. Therefore, we conclude that 
this proposed designation of critical habitat on the island of Maui 
would not affect a substantial number of small entities.
    The entire island of Kahoolawe is under State ownership and 
within the State Conservation District. The current and projected 
land uses on Kahoolawe are land restoration and ordinance removal 
(DAHI 2001). For these reasons we conclude that the proposed rule 
would not affect a substantial number of small entities on the 
island of Kahoolawe.
    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 limited consultation 
history for these 61 species from Maui and Kahoolawe, 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 rules 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 any measures included as a reasonable and prudent 
alternative would have to be economically feasible to the individual 
landowner, and because as discussed above, we do not believe there 
will be 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

[[Page 15959]]

critical habitat designation, and will make that analysis available 
for public review and comment before finalizing these designations.
    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 45 percent of the lands proposed as critical 
habitat are on State of Hawaii lands. The State of Hawaii is not a 
small entity. Approximately 37 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, section 7 
application, the only trigger for regulatory 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 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, we are certifying that the proposed designation of 
critical habitat for the following species: Alectryon macrococcus, 
Argyroxiphium sandwicense ssp. macrocephalum, Asplenium fragile var. 
insulare, Bidens micrantha ssp. kalealaha, Bonamia menziesii, 
Brighamia rockii, Cenchrus agrimonioides, Centaurium sebaeoides, 
Clermontia lindseyana, Clermontia oblongifolia ssp. mauiensis, 
Clermontia samuelii, Colubrina oppositifolia, Ctenitis squamigera, 
Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 
grimesiana ssp. grimesiana, Cyanea hamatiflora ssp. hamatiflora, 
Cyanea lobata, Cyanea mceldowneyi, Cyrtandra munroi, Diellia erecta, 
Diplazium molokaiense, Dubautia plantaginea ssp. humilis, Flueggea 
neowawraea, Geranium arboreum, Geranium multiflorum, Gouania 
vitifolia, Hedyotis coriacea, Hedyotis mannii, Hesperomannia 
arborescens, Hesperomannia arbuscula, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Kanaloa kahoolawensis, 
Lipochaeta kamolensis, Lysimachia lydgatei, Mariscus pennatiformis, 
Melicope adscendens, Melicope balloui, Melicope knudsenii, Melicope 
mucronulata, Melicope ovalis, Neraudia sericea, Nototrichium humile, 
Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia mannii, 
Phyllostegia mollis, Plantago princeps, Platanthera holochila, 
Pteris lidgatei, Remya mauiensis, Sanicula purpurea, Schiedea 
haleakalensis, Sesbania tomentosa, Spermolepis hawaiiensis, 
Tetramolopium capillare, Tetramolopium remyi, Vigna o-wahuensis, 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 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 direct 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 61 species from Maui and 
Kahoolawe in a preliminary takings implication assessment. The 
takings implications assessment concludes that this proposed rule 
does not pose significant takings implications. Once the 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 the 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 61 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 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 61 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 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)

[[Page 15960]]

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 61 plant species. Therefore, designation of 
critical habitat for these 61 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 Christa Russell, Marigold 
Zoll, Michelle Stephens, and Gregory Koob (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record-keeping 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, 
Argyroxiphium sandwicense ssp. macrocephalum, Bidens micrantha ssp. 
kalealaha, Bonamia menziesii, Brighamia rockii, Cenchrus agrimonioides, 
Centaurium sebaeoides, Clermontia lindseyana, Clermontia oblongifolia 
ssp. mauiensis, Clermontia samuelii, Colubrina oppositifolia, Cyanea 
copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea grimesiana ssp. 
grimesiana, Cyanea hamatiflora ssp. hamatiflora, Cyanea lobata, Cyanea 
mceldowneyi, Cyrtandra munroi, Dubautia plantaginea ssp. humilis, 
Flueggea neowawraea, Geranium arboreum, Geranium multiflorum, Gouania 
vitifolia, Hedyotis coriacea, Hedyotis mannii, Hesperomannia 
arborescens, Hesperomannia arbuscula, Hibiscus brackenridgei, Ischaemum 
byrone, Isodendrion pyrifolium, Kanaloa kahoolawensis, Lipochaeta 
kamolensis, Lysimachia lydgatei, Mariscus pennatiformis, Melicope 
adscendens, Melicope balloui, Melicope knudsenii, Melicope mucronulata, 
Melicope ovalis, Neraudia sericea, Nototrichium humile, Peucedanum 
sandwicense, Phyllostegia mannii, Phyllostegia mollis, Plantago 
princeps, Platanthera holochila, Remya mauiensis, Sanicula purpurea, 
Schiedea haleakalensis, Sesbania tomentosa, Spermolepis hawaiiensis, 
Tetramolopium capillare, Tetramolopium remyi, Vigna o-wahuensis, and 
Zanthoxylum hawaiiense under ``FLOWERING PLANTS'' and Asplenium fragile 
var. insulare, Ctenitis squamigera, Diellia erecta, Diplazium 
molokaiense, Phlegmariurus (=Lycopodium,=Huperzia) mannii, and Pteris 
lidgatei, under ``FERNS AND ALLIES'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      SPECIES
----------------------------------------------------   Historic range          Family           Status     When listed      Critical      Special rules
        Scientific name              Common name                                                                            habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering Plants
 
                 *                   *                  *                  *                   *                   *                  *
Alectryon macrococcus..........  Mahoe.............  U.S.A. (HI).......  Sapindaceae.......  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Argyroxiphium sandwicense ssp.   Ahinahina.........  U.S.A. (HI).......  Asteraceae........  E                     467  17.96(a)         NA
 macrocephalum.
 
                 *                   *                  *                  *                   *                   *                  *
Bidens micrantha ssp. kalealaha  Kookoolau.........  U.S.A. (HI).......  Asteraceae........  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Bonamia menziesii..............  None..............  U.S.A. (HI).......  Convolvulaceae....  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Brighamia rockii...............  Pua ala...........  U.S.A. (HI).......  Campanulaceae.....  E                     480  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Cenchrus agrimonioides.........  Kamanomano          U.S.A. (HI).......  Poaceae...........  E                     592  17.96(a)         NA
                                  (=Sandbur,
                                  agrimony).
 
                 *                   *                  *                  *                   *                   *                  *
Centaurium sebaeoides..........  Awiwi.............  U.S.A. (HI).......  Gentianaceae......  E                     448  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Clermontia lindseyana..........  Oha wai...........  U.S.A. (HI).......  Campanulaceae.....  E                     532  17.96(a)         NA
 

[[Page 15961]]

 
                 *                   *                  *                  *                   *                   *                  *
Clermontia oblongifolia ssp.     Oha wai...........  U.S.A. (HI).......  Campanulaceae.....  E                     467  17.96(a)         NA
 mauiensis.
 
                 *                   *                  *                  *                   *                   *                  *
Clermontia samuelii............  Oha wai...........  U.S.A. (HI).......  Campanulaceae.....  E                     666  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Colubrina oppositifolia........  Kauila............  U.S.A. (HI).......  Rhamnaceae........  E                     532  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea copelandii ssp.           Haha..............  U.S.A. (HI).......  Campanulaceae.....  E                     666  17.96(a)         NA
 haleakalaensis.
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea glabra..................  Haha..............  U.S.A. (HI).......  Campanulaceae.....  E                     666  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea grimesiana ssp.           Haha..............  U.S.A.(HI)........  Campanulaceae.....  E                     592  17.96(a)         NA
 grimesiana.
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea hamatiflora ssp.          Haha..............  U.S.A. (HI).......  Campanulaceae.....  E                     666  17.96(a)         NA
 hamatiflora.
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea lobata..................  Haha..............  U.S.A. (HI).......  Campanulaceae.....  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Cyanea mceldowneyi.............  Haha..............  U.S.A. (HI).......  Campanulaceae.....  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Cyrtandra munroi...............  Haiwale...........  U.S.A. (HI).......  Gesneriaceae......  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Dubautia plantaginea ssp.        Naenae............  U.S.A. (HI).......  Asteraceae........  E                     666  17.96(a)         NA
 humilis.
 
                 *                   *                  *                  *                   *                   *                  *
Flueggea neowawraea............  Mehamehame........  U.S.A. (HI).......  Euphorbiaceae.....  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Geranium arboreum..............  Hawaiian red-       U.S.A. (HI).......  Geraniaceae.......  E                     465  17.96(a)         NA
                                  flowered geranium.
 
                 *                   *                  *                  *                   *                   *                  *
Geranium multiflorum...........  Nohoanu...........  U.S.A. (HI).......  Geraniaceae.......  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Gouania vitifolia..............  None..............  U.S.A. (HI).......  Rhamnaceae........  E                     541  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Hedyotis coriacea..............  Kioele............  U.S.A. (HI).......  Rubiaceae.........  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Hedyotis mannii................  Pilo..............  U.S.A. (HI).......  Rubiaceae.........  E                     480  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Hesperomannia arborescens......  None..............  U.S.A. (HI).......  Asteraceae........  E                     536  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Hesperomannia arbuscula........  None..............  U.S.A. (HI).......  Asteraceae........  E                     448  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Hibiscus brackenridgei.........  Mao hau hele......  U.S.A. (HI).......  Malvaceae.........  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Ischaemum byrone...............  Hilo ischaemum....  U.S.A. (HI).......  Poaceae...........  E                     532  17.96(a)         NA

[[Page 15962]]

 
 
                 *                   *                  *                  *                   *                   *                  *
Isodendrion pyrifolium.........  Wahine noho kula..  U.S.A. (HI).......  Violaceae.........  E                     532  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Kanaloa kahoolawensis..........  Kohe malama malama  U.S.A. (HI).......  Fabaceae..........  E                     666  17.96(a)         NA
                                  o Kanaloa.
 
                 *                   *                  *                  *                   *                   *                  *
Lipochaeta kamolensis..........  Nehe..............  U.S.A. (HI).......  Asteraceae........  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Lysimachia lydgatei............  None..............  U.S.A. (HI).......  Primulaceae.......  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Mariscus pennatiformis.........  None..............  U.S.A. (HI).......  Cyperaceae........  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Melicope adscendens............  Alani.............  U.S.A. (HI).......  Rutaceae..........  E                     565  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Melicope balloui...............  Alani.............  U.S.A. (HI).......  Rutaceae..........  E                     565  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Melicope knudsenii.............  Alani.............  U.S.A. (HI).......  Rutaceae..........  E                     530  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Melicope (= Pelea) mucronulata.  Alani.............  U.S.A. (HI).......  Rutaceae..........  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Melicope ovalis................  Alani.............  U.S.A. (HI).......  Rutaceae..........  E                     565  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Neraudia sericea...............  None..............  U.S.A. (HI).......  Urticaceae........  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Nototrichium humile............  Kului.............  U.S.A. (HI).......  Amaranthaceae.....  E                     448  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Peucedanum sandwicense.........  Makou.............  U.S.A. (HI).......  Apiaceae..........  E                     530  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Phyllostegia mannii............  None..............  U.S.A. (HI).......  Lamiaceae.........  E                     480  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Phyllostegia mollis............  None..............  U.S.A. (HI).......  Lamiaceae.........  E                     448  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
 
                 *                   *                  *                  *                   *                   *                  *
Remya mauiensis................  Maui remya........  U.S.A. (HI).......  Asteraceae........  E                     413  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Sanicula purpurea..............  None..............  U.S.A. (HI).......  Apiaceae..........  E                     592  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Schiedea haleakalensis.........  None..............  U.S.A. (HI).......  Caryophyllaceae...  E                     467  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Sesbania tomentosa.............  Ohai..............  U.S.A. (HI).......  Fabaceae..........  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Spermolepis hawaiiensis........  None..............  U.S.A. (HI).......  Apiaceae..........  E                     559  17.96(a)         NA

[[Page 15963]]

 
 
                 *                   *                  *                  *                   *                   *                  *
Tetramolopium capillare........  Pamakani..........  U.S.A. (HI).......  Asteraceae........  E                     555  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Tetramolopium remyi............  None..............  U.S.A. (HI).......  Asteraceae........  E                     435  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Vigna o-wahuensis..............  None..............  U.S.A. (HI).......  Fabaceae..........  E                     559  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Zanthoxylum hawaiiense.........  Ae................  U.S.A. (HI).......  Rutaceae..........  E                     532  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
        Ferns and Allies
 
                 *                   *                  *                  *                   *                   *                  *
Asplenium fragile var. insulare  None..............  U.S.A. (HI).......  Aspleniaceae......  E                     553  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.
 
                 *                   *                  *                  *                   *                   *                  *
Diplazium molokaiense..........  None..............  U.S.A. (HI).......  Aspleniaceae......  E                     553  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
Phlegmariurus (=Lycopodium,      Wawaeiole.........  U.S.A. (HI).......  Lycopodiaceae.....  E                     467  17.96(a)         NA
 =Huperzia) mannii.
 
                 *                   *                  *                  *                   *                   *                  *
Pteris lidgatei................  None..............  U.S.A. (HI).......  Adiantaceae.......  E                     553  17.96(a)         NA
 
                 *                   *                  *                  *                   *                   *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Section 17.96, as proposed to be amended at 65 FR 66865 
(November 7, 2000), 65 FR 79192 (December 18, 2000), 65 FR 82086 
(December 27, 2000), 65 FR 83193 (December 29, 2000), 67 FR 4072 
(January 28, 2002) and 67 FR 9806 (March 4, 2002), is proposed to be 
further amended as follows:
    a. Revise introductory text of paragraph (a)(1)(i);
    b. Add paragraphs (a)(1)(i)(C); and (a)(1)(i)(D): and
    c. Revise paragraph (a)(1)(ii).
    The revised text reads 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 manmade features 
and structures within the boundaries of the mapped unit, such as 
buildings, roads, aqueducts, railroads, telecommunications equipment, 
telemetry antennas, radars, missile launch sites, arboreta and gardens, 
heiau (indigenous places of worship or shrines), airports, other paved 
areas, lawns, and other rural residential landscaped areas do not 
contain one or more of the primary constituent elements described for 
each species in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this 
section and are not included in the critical habitat designation.
* * * * *
    (C) Maui. Critical habitat units are described below. Coordinates 
are in UTM Zone 4 with units in meters using North American Datum of 
1983 (NAD83). The following map shows the general locations of the 13 
critical habitats units designated on the island of Maui.
    (1) Note: Map 1--Index map follows:
 BILLING CODE 4310-55-P

[[Page 15964]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.030

    (2) Maui A (3,884 ha; 9,598 ac).
    (i) Unit consists of the following 187 boundary points: 745646, 
2316064; 746803, 2315452; 745637, 2315818; 745665, 2314941; 746096, 
2314837; 746206, 2314955; 747360, 2314536; 747736, 2314302; 748610, 
2314192; 748747, 2314163; 748895, 2314089; 749112, 2314006; 749212, 
2313881; 749432, 2313730; 749677, 2313678; 749902, 2313524; 749954, 
2313416; 750110, 2313242; 750118, 2313199; 750119, 2313198; 750307, 
2313068; 750359, 2313038; 750360, 2313038; 750569, 2312799; 750662, 
2312593; 750805, 2312435; 750878, 2312325; 750885, 2312412; 750817, 
2312575; 750798, 2312594; 750748, 2312588; 750710, 2312845; 750652, 
2312855; 750635, 2313002; 750564, 2313116; 750450, 2313241; 750253, 
2313328; 749863, 2313784; 749654, 2313910; 749594, 2313898; 749400, 
2314013; 749762, 2314025; 749764, 2314245; 749767, 2314498; 748195, 
2314901; 747995, 2314988; 747953, 2315158; 747952, 2315160; 747941, 
2315192; 747901, 2315370; 747687, 2315584; 747662, 2315928; 747336, 
2316180; 747266, 2316401; 747236, 2316433; 747031, 2316482; 746735, 
2316514; 746560, 2316570; 746447, 2316671; 746334, 2316643; 746188, 
2316678; 745896, 2316785; 745484, 2317026; 745643, 2317128; 745694, 
2317441; 745981, 2317323; 746078, 2317462; 745728, 2317647; 745798, 
2318077; 746162, 2318852; 746391, 2319637; 746984, 2321175; 747501, 
2322278; 748133, 2322670; 748262, 2322541; 748568, 2321950; 748627, 
2321290; 748509, 2320188; 748746, 2320208; 749101, 2319292; 749101, 
2318793; 749178, 2318693; 749408, 2318624; 749723, 2317818; 749700, 
2317464; 750392, 2316121; 750302, 2315611; 750386, 2314410; 750482, 
2313931; 750575, 2313421; 750722, 2313061; 750842, 2312911; 750962, 
2312611; 751022, 2312131; 751082, 2311951; 750911, 2311782; 750812, 
2311771; 750542, 2311501; 750482, 2311201; 750440, 2311216; 750386, 
2311230; 750328, 2311242; 750279, 2311249; 750263, 2311247; 750252, 
2311240; 750122, 2311261; 750063, 2311077; 749987, 2311042; 749908, 
2311040; 749769, 2311083; 749324, 2311150; 748999, 2311226; 748784, 
2311284; 748564, 2311384; 748472, 2311441; 748322, 2311471; 748142, 
2311441; 747812, 2311501; 747662, 2311441; 747422, 2311441; 746372, 
2311591; 746132, 2311561; 745532, 2311531; 745232, 2311591; 745112, 
2311681; 744848, 2311671; 744757, 2311853; 744803, 2311913; 744873, 
2311930; 745003, 2311908; 745103, 2311941; 745246, 2312013; 745237, 
2312047; 745184, 2312054; 745082, 2312024; 744998, 2311962; 744940, 
2311972; 744855, 2311959; 744843, 2311979; 744786, 2311969; 744644, 
2311877; 744574, 2311856; 744542, 2311859; 744531, 2311866; 744526, 
2311860; 744465, 2311866; 744468, 2311918; 744523, 2311989; 744820, 
2312059; 744992, 2312075; 744984, 2312177; 744929, 2312317; 744736, 
2312339; 744734, 2312365; 744653, 2312345; 744609, 2312328; 744558, 
2312437; 744633, 2312480; 744722, 2312477; 744785, 2312485; 744871, 
2312454; 744945, 2312517; 745143, 2312557; 745200, 2312689; 745157, 
2312692; 745009, 2312661; 744946, 2312990; 745348, 2312974; 745916, 
2313043; 745773, 2313571; 745745, 2313671; 745113, 2313721; 744946, 
2313827; 744964, 2315341; 745081, 2315642; 745066, 2315830; 745211, 
2315767; 745220, 2316095; 745062, 2316193; 745156, 2316554; 745095, 
2316969; 745815, 2316715; 745688, 2316626; 745682, 2316625; 745668, 
2316564; 745660, 2316498; 745662, 2316487.
    (ii) Note: Map 2 follows:

[[Page 15965]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.031

 BILLING CODE 4310-55-C
    (3) Maui B1 (4,374 ha; 10,808 ac).
    (i) Unit consists of the following 84 boundary points: 756585, 
2312074; 756481, 2312051; 756356, 2312094; 756039, 2312114; 755355, 
2312353; 755012, 2312431; 754622, 2312281; 754412, 2312371; 754172, 
2312491; 753872, 2312521; 753812, 2312461; 753632, 2312461; 753542, 
2312551; 753182, 2312581; 752556, 2312292; 752222, 2312191; 751892, 
2312011; 751082, 2311951; 751022, 2312131; 750962, 2312611; 750842, 
2312911; 750722, 2313061; 750575, 2313421; 750482, 2313931; 750386, 
2314410; 750302, 2315611; 750392, 2316121; 749700, 2317464; 749723, 
2317818; 749408, 2318624; 749178, 2318693; 749101, 2318793; 749101, 
2319292; 748746, 2320208; 749105, 2320225; 749490, 2320492; 749492, 
2320495; 749509, 2320507; 750442, 2320667; 750595, 2320522; 750652, 
2320703; 750913, 2320748; 751322, 2320818; 751504, 2320850; 751662, 
2320812; 752336, 2320652; 752694, 2320488; 753547, 2320078; 753884, 
2319664; 753684, 2319160; 753794, 2319238; 753831, 2319264; 754230, 
2319264; 754437, 2319134; 754628, 2319014; 754566, 2318549; 754986, 
2318675; 755406, 2318356; 755428, 2318339; 755028, 2317961; 754461, 
2317666; 754650, 2317540; 754692, 2317372; 754543, 2317112; 755365, 
2316415; 755848, 2316599; 755848, 2316598; 755848, 2315712; 756262, 
2315298; 755831, 2315154; 755624, 2314782; 755582, 2314690; 756114, 
2314411; 755852, 2314267; 755926, 2313985; 756109, 2313151; 756469, 
2313228; 756146, 2313006; 756382, 2312300; 756646, 2312281; 756765, 
2312104; 756687, 2312072; 756684, 2312072; 756585, 2312074.
    (ii) Note: See Map 3:
    (4) Maui B2 (362 ha; 893 ac).
    (i) Unit consists of the following 26 boundary points: 748262, 
2322541; 748133, 2322670; 749321, 2323406; 749364, 2323069; 749536, 
2322742; 749536, 2322742; 749537, 2322740; 749637, 2322549; 749783, 
2322650; 749455, 2323474; 750016, 2323841; 750018, 2323839; 750033, 
2323848; 751197, 2322401; 750188, 2321953; 750152, 2322162; 749940, 
2322307; 749812, 2322559; 749759, 2322545; 749742, 2322463; 749858, 
2322275; 749993, 2321907; 748635, 2321367; 748627, 2321290; 748568, 
2321950; 748262, 2322541.
    (ii) Note: Map 3 follows:
 BILLING CODE 4310-55-P

[[Page 15966]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.032

 BILLING CODE 4310-55-C
    (5) Maui C1 (23 ha; 56 ac).
    (i) Unit consists of the following 20 boundary points: coastline; 
747250, 2326499; 747257, 2326478; 747007, 2326430; 746884, 2326397; 
746799, 2326342; 746739, 2326262; 746652, 2326280; 746642, 2326406; 
746544, 2326446; 746341, 2326386; 746294, 2326499; 746180, 2326580; 
745984, 2326637; 745796, 2326602; 745709, 2326596; 745622, 2326620; 
745300, 2326566; 745260, 2326492; 745179, 2326343; 745158, 2326345; 
coastline.
    (ii) Note: See Map 4:
    (6) Maui C2 (10 ha; 24 ac).
    (i) Unit consists of the following 14 boundary points: coastline; 
747287, 2326549; 748409, 2326346; 748368, 2326302; 748229, 2326384; 
748109, 2326548; 747979, 2326564; 747917, 2326610; 747839, 2326650; 
747684, 2326547; 747619, 2326463; 747536, 2326537; 747403, 2326505; 
747381, 2326532; 747287, 2326549; coastline.
    (ii) Note: See Map 4:
    (7) Maui C3 (162 ha; 400 ac).
    (i) Unit consists of the following 96 boundary: coastline; 754099, 
2324756; 754053, 2324754; 753955, 2324768; 753953, 2324779; 753930, 
2324862; 753759, 2325028; 753669, 2325092; 753524, 2325277; 753446, 
2325286; 753388, 2325342; 753325, 2325353; 753252, 2325321; 753085, 
2325303; 753034, 2325242; 752911, 2325108; 752865, 2325227; 752886, 
2325361; 752879, 2325424; 752841, 2325439; 752828, 2325443; 752732, 
2325363; 752722, 2325261; 752662, 2325341; 752615, 2325470; 752535, 
2325474; 752438, 2325416; 752516, 2325578; 752501, 2325617; 752373, 
2325646; 752189, 2325668; 752167, 2325700; 752138, 2325733; 751990, 
2325840; 751898, 2325842; 751835, 2325769; 751804, 2325709; 751734, 
2325826; 751714, 2325826; 751630, 2325733; 751547, 2325578; 751562, 
2325516; 751525, 2325510; 751492, 2325530; 751475, 2325549; 751455, 
2325734; 751461, 2325837; 751273, 2325927; 751251, 2325921; 751203, 
2325906; 751187, 2325954; 751123, 2325981; 751071, 2325948; 751040, 
2325902; 751010, 2325866; 750988, 2325906; 750957, 2325952; 750990, 
2326027; 750973, 2326051; 750852, 2326051; 750801, 2326107; 750821, 
2326193; 750779, 2326281; 750598, 2326312; 750549, 2326248; 750486, 
2326298; 750482, 2326366; 750526, 2326443; 750607, 2326484; 750622, 
2326624; 750617, 2326668; 750334, 2326780; 750225, 2326707; 750174, 
2326716; 750157, 2326750; 750156, 2326762; 750143, 2326932; 750116, 
2326995; 749976, 2327272; 749806, 2327368; 749392, 2327324; 749324, 
2327133; 749250, 2327018; 749018, 2327093; 748987, 2327015; 748913, 
2327003; 748859, 2326865; 748906, 2326824; 748978, 2326817; 748990, 
2326759; 748786, 2326666; 748648, 2326684; 748567, 2326639; 748572, 
2326561; 748637, 2326459; 748673, 2326373; 748516, 2326423; coastline.
    (ii) Note: Map 4:
    (8) Maui C4 (162 ha; 400 ac).
    (i) Unit consists of the following 64 boundary points: coastline; 
758803, 2318519; 758442, 2318485; 758421, 2318506; 758366, 2318516; 
758267, 2318469; 758209, 2318463; 758200, 2318729; 758196, 2318869; 
757790, 2319126; 758013, 2319396; 757861, 2319563; 757862, 2319690; 
757794, 2319720; 757771, 2319757; 757734, 2319748; 757626, 2319942; 
757267, 2320057; 757061, 2320021; 756963, 2320372; 756833, 2320832; 
757033, 2321273; 757038, 2321301; 757031, 2321316; 757019, 2321449; 
757019, 2321491; 757069, 2321583; 757108, 2321658; 757128, 2321761; 
757132, 2321784; 757130, 2321785; 756805, 2321814; 756813, 2322040; 
756862, 2322355; 756815, 2322353; 756814, 2322353; 756730, 2322336; 
756575, 2322315; 756442, 2322315; 756382, 2322329; 756036, 2322156; 
755962, 2322490; 755784, 2322847; 755781, 2322847; 755680, 2322859; 
755664,

[[Page 15967]]

2322913; 755630, 2322976; 755592, 2323043; 755592, 2323144; 755551, 
2323181; 755467, 2323256; 755454, 2323349; 755417, 2323374; 755396, 
2323441; 755393, 2323463; 755322, 2323443; 755306, 2323674; 755295, 
2323702; 755254, 2323811; 755229, 2323833; 755153, 2323833; 755144, 
2323974; 755056, 2324045; 754981, 2324021; 754880, 2324041; coastline.
    (ii) Note: Map 4 follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP03AP02.033

BILLING CODE 4310-55-C
    (9) Maui D1 (6,950 ha; 17,175 ac).
    (i) Unit consists of the following 180 boundary points: 754826, 
2304297; 754770, 2304254; 754643, 2304333; 754542, 2304415; 754486, 
2304579; 754439, 2304653; 754437, 2304765; 754349, 2304956; 754319, 
2305108; 754214, 2305093; 754258, 2304902; 754278, 2304785; 754351, 
2304474; 754255, 2304192; 754171, 2304150; 754065, 2304164; 753825, 
2304139; 753832, 2304195; 753675, 2304217; 753611, 2303762; 753431, 
2303730; 753285, 2303705; 753152, 2303682; 753304, 2304113; 753310, 
2304130; 753367, 2304292; 753234, 2304365; 753213, 2304104; 753136, 
2303909; 753136, 2303653; 753042, 2303454; 752244, 2304494; 749843, 
2303965; 748359, 2304949; 747572, 2305437; 747183, 2306649; 746219, 
2306757; 746690, 2307032; 746584, 2307222; 746574, 2307254; 746905, 
2307584; 746773, 2307831; 746428, 2308069; 745859, 2309952; 745861, 
2309954; 745855, 2309967; 745848, 2309987; 746252, 2310016; 748094, 
2310374; 748180, 2310466; 747274, 2310703; 745970, 2310264; 745771, 
2310115; 745591, 2310776; 745359, 2311057; 744982, 2311291; 744842, 
2311439; 744842, 2311603; 744848, 2311671; 745112, 2311681; 745232, 
2311591; 745532, 2311531; 746132, 2311561; 746372, 2311591; 747422, 
2311441; 747662, 2311441; 747812, 2311501; 748142, 2311441; 748322, 
2311471; 748472, 2311441; 748564, 2311384; 748784, 2311284; 748999, 
2311226; 749324, 2311150; 749769, 2311083; 749908, 2311040; 749987, 
2311042; 750063, 2311077; 750122, 2311261; 750252, 2311240; 750263, 
2311247; 750279, 2311249; 750328, 2311242; 750386, 2311230; 750440, 
2311216; 750482, 2311201; 750542, 2311501; 750812, 2311771; 750911, 
2311782; 751082, 2311951; 751892, 2312011; 752222, 2312191; 752556, 
2312292; 753182, 2312581; 753542, 2312551; 753632, 2312461; 753812, 
2312461; 753872, 2312521; 754172, 2312491; 754412, 2312371; 754622, 
2312281; 755012, 2312431; 755355, 2312353; 756039, 2312114; 756356, 
2312094; 756481, 2312051; 756585, 2312074; 756684, 2312072; 756262, 
2311897; 756172, 2311897; 756000, 2311819; 756067, 2311803; 756198, 
2311730; 756382, 2311473; 756421, 2311340; 756092, 2311244; 755806, 
2311216; 755636, 2311122; 755635, 2311122; 755459, 2311035; 755355, 
2310968; 755230, 2311019; 754988, 2311042; 754820, 2310941; 754711, 
2310770; 755295, 2310580; 755366, 2310585; 755661, 2310703; 755887, 
2310863; 756085, 2310888; 756316, 2310888; 756497, 2310849; 756724, 
2310720; 756918, 2310584; 756967, 2310340; 757238, 2310389; 757267, 
2309857; 756883, 2309679; 757090, 2309531; 756824, 2309443; 756958, 
2309254; 757267, 2308822; 756558, 2308999; 756439, 2308822; 756252, 
2308927; 755765, 2308074; 756072, 2308080; 756194, 2308023; 756279, 
2307861; 756270, 2307644; 756186, 2307440; 755931, 2307335; 755732, 
2307367; 755806, 2307294; 755803, 2307043; 755624, 2306756; 755515, 
2306552; 755377, 2306367; 755319, 2306243; 755163, 2306105; 755078, 
2306075; 754857, 2305996; 754614, 2305982;

[[Page 15968]]

754412, 2306019; 754341, 2306032; 754346, 2305896; 754412, 2305877; 
755139, 2305668; 755828, 2305033; 755089, 2305043; 755087, 2305045; 
754979, 2305016; 754831, 2305142; 754540, 2305162; 754515, 2305057; 
754621, 2304863; 754699, 2304812; 754760, 2304616; 754782, 2304447; 
754796, 2304431.
    (ii)Unit excludes three areas:
    (A) Bounded by the following five points (6 ha, 15 ac): 748930 
2305439, 749226 2305793, 749363 2305641, 749057 2305433, 748930 
2305439.
    (B) Bounded by the following 20 points (62 ha, 153 ac): 754495, 
2306605; 754472, 2306625; 754334, 2306901; 754090, 2307018; 754065, 
2307098; 754087, 2307266; 754141, 2307512; 754162, 2307496; 754243, 
2307436; 754381, 2307316; 755039, 2307210; 755145, 2307181; 755188, 
2307116; 755155, 2306981; 755028, 2306781; 754890, 2306567; 754808, 
2306523; 754788, 2306512; 754588, 2306523; 754495, 2306605.
    (C) Bounded by the following nine points (5 ha, 13 ac): 754959, 
2307449; 75525, 2307432; 755657, 2307376; 755428, 2307345; 754834, 
2307383; 754579, 2307430; 754778, 2307426; 754839, 2307410; 754959, 
2307449.
    (iii) Note: See Map 5.
    (10) Unit D2 ( 212 ha; 523 ac).
    (i) unit consists of the following 22 boundary points: 756769, 
2303771; 756914, 2303864; 757007, 2303958; 757058, 2304068; 757053, 
2304123; 757104, 2304208; 757198, 2304267; 757206, 2304365; 757138, 
2304395; 757037, 2304471; 756959, 2304605; 757541, 2304994; 758421, 
2304900; 758402, 2304566; 758427, 2304491; 758605, 2304369; 758716, 
2304323; 758665, 2303805; 758615, 2303558; 758067, 2303509; 756894, 
2303623; 756774, 2303746.
    (ii) Note: Map 5 follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP03AP02.034

    (11) Maui E (1,389 ha; 3,432 ac).
    (i) Unit consists of eight boundary points: 768269, 2295601; 
773018, 2295761; 772962, 2295591; 772608, 2295140; 772130, 2294513; 
772758, 2293858; 772784, 2292323; 768006, 2292863.
    (ii) Note: Map 6 follows:

[[Page 15969]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.035

    (12) Maui F (144 ha; 357 ac).
    (i) Unit consists of the following 19 boundary points: coastline. 
771282, 2278049; 771207, 2278581; 773349, 2278461; 773296, 2277638; 
773294, 2277610; coastline. Coastline; 771941, 2277804; 772001, 
2278009; 771861, 2277996; 771858, 2277785; coastline. Coastline; 
772291, 2277823; 772291, 2277823; 772464, 2277817; 772464, 2277818; 
772464, 2277873; 772302, 2277904; coastline. Coastline; 772830, 
2277758; 772839, 2278087; 772691, 2278009; 772697, 2277944; coastline.
    (ii) Note: Map 7 follows:

[[Page 15970]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.036

    (13) Maui G1 (4 ha; 10 ac).
    (i) Unit consists of the following 21 boundary points: coastline; 
793988, 2310722; 793988, 2310722; 793988, 2310722; 793937, 2310735; 
793898, 2310767; 793920, 2310825; 793940, 2310881; 793932, 2310893; 
793907, 2310933; 793885, 2310962; 793833, 2311001; 793781, 2311037; 
793768, 2311053; 793690, 2311134; 793635, 2311144; 793527, 2311157; 
793498, 2311183; 793411, 2311267; 793362, 2311345; 793988, 2310722; 
793988, 2310722; coastline.
    (ii) Note: See Map 8:
    (14) Maui G2 (.8 ha; 2 ac).
    (i) Unit consists of the following 21 boundary points: coastline; 
794253, 2311026; 794246, 2311002; 794240, 2310987; 794220, 2310955; 
794200, 2310914; 794190, 2310902; 794182, 2310899; 794171, 2310899; 
794168, 2310900; 794162, 2310906; 794162, 2310935; 794166, 2310959; 
794169, 2310967; 794202, 2311009; 794211, 2311034; 794222, 2311052; 
794246, 2311078; 794258, 2311082; 794263, 2311080; 794265, 2311076; 
794265, 2311065; coastline.
    (ii) Note: See Map 8:
    (15) Maui G3 (7 ha; 16 ac).
    (i) Unit consists of the following 22 boundary points: coastline; 
794814, 2310166; 794778, 2310176; 794756, 2310192; 794756, 2310217; 
794742, 2310240; 794733, 2310282; 794728, 2310324; 794711, 2310345; 
794706, 2310368; 794665, 2310393; 794632, 2310428; 794625, 2310446; 
794622, 2310523; 794573, 2310595; 794491, 2310645; 794326, 2310728; 
794258, 2310741; 794222, 2310764; 794118, 2310718; 794053, 2310679; 
794040, 2310715; 794043, 2310738; coastline.
    (ii) Note: See Map 8:
    (16) Maui G4 (22 ha; 53 ac).
    (i) Unit consists of the following 14 boundary points: coastline; 
798949, 2307406; 798949, 2307406; 798884, 2307470; 798940, 2307502; 
798924, 2307613; 798829, 2307836; 798733, 2308042; 798749, 2308233; 
798718, 2308487; 798631, 2308684; 798419, 2308844; 798296, 2309004; 
797985, 2309037; 798021, 2309124; coastline.
    (ii) Note: See Map 8:
    (17) Maui G5 (31 ha; 77 ac).
    (i) Unit consists of the following 27 boundary points: coastline; 
801972, 2305512; 801990, 2305372; 801833, 2305382; 801626, 2305463; 
801466, 2305444; 801320, 2305260; 801117, 2305232; 801018, 2305293; 
800891, 2305373; 800731, 2305387; 800581, 2305284; 800472, 2305307; 
800265, 2305505; 800166, 2305599; 800152, 2305712; 800147, 2305849; 
800190, 2305990; 800138, 2306094; 800001, 2306188; 799879, 2306263; 
799874, 2306386; 799789, 2306428; 799723, 2306527; 799657, 2306626; 
799606, 2306800; 799516, 2306902; 799516, 2306902; coastline.
    (ii) Note: See Map 8:
    (18) Maui G6 (11 ha; 27 ac).
    (i) Unit consists of the following 14 boundary points: coastline; 
811982, 2301617; 811982, 2301617; 811936, 2301585; 811916, 2301671; 
811945, 2301774; 812026, 2301885; 812133, 2301927; 812193, 2301995; 
812092, 2302061; 811938, 2302135; 811849, 2302164; 811717, 2302172; 
811546, 2302307; 811596, 2302341; coastline.
    (ii) Note: Map 8 follows:
BILLING CODE 4310-55-P

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BILLING CODE 4310-55-C
    (19) Maui H (14,101 ha; 34,843 ac).
    (i) Unit consists of the following 133 boundary points: 792545, 
2288808; 792970, 2287110; 788115, 2284625; 788254, 2284423; 786255, 
2283830; 785721, 2283591; 785909, 2283329; 784364, 2282634; 784741, 
2282683; 785687, 2282923; 787384, 2283423; 788910, 2284092; 791757, 
2285370; 792012, 2284972; 792107, 2284459; 792107, 2284163; 789675, 
2283199; 786085, 2281630; 781021, 2279811; 774426, 2279632; 774487, 
2280204; 773607, 2281357; 774563, 2281463; 775099, 2281680; 775397, 
2282390; 775684, 2285109; 774276, 2285496; 774305, 2285732; 774421, 
2285732; 774601, 2285942; 774871, 2286062; 774961, 2286242; 775201, 
2286392; 775501, 2286512; 775711, 2286572; 775801, 2286842; 775981, 
2286962; 776221, 2286932; 776431, 2287082; 776611, 2287292; 776731, 
2287292; 776791, 2287382; 776881, 2287322; 777091, 2287322; 777241, 
2287472; 777211, 2287742; 777481, 2287862; 777661, 2288072; 778111, 
2288132; 778136, 2288218; 778221, 2288151; 778986, 2288684; 779070, 
2288768; 779131, 2288792; 779251, 2288792; 779401, 2288972; 779851, 
2289092; 780061, 2289062; 780151, 2289182; 780576, 2289283; 780841, 
2289542; 781388, 2289777; 781591, 2290022; 781861, 2290202; 782491, 
2290652; 782851, 2290952; 783541, 2291072; 783871, 2291402; 784171, 
2291462; 784323, 2291635; 784473, 2291725; 784623, 2291725; 784683, 
2291725; 784826, 2291868; 784854, 2291851; 784917, 2291907; 784912, 
2291915; 785313, 2291995; 785613, 2292265; 785823, 2292175; 785940, 
2292307; 785941, 2292306; 785946, 2292314; 786063, 2292445; 786151, 
2292452; 786211, 2292452; 786511, 2292242; 786631, 2292122; 787201, 
2292092; 787561, 2291702; 787951, 2291582; 788131, 2291492; 788341, 
2291522; 788641, 2291432; 789031, 2291522; 789720, 2291522; 790086, 
2291458; 790230, 2291432; 790950, 2291672; 791730, 2291582; 792480, 
2291702; 792750, 2291702; 793014, 2291770; 793450, 2291683; 793671, 
2291645; 794207, 2291635; 794432, 2291674; 794523, 2291573; 794614, 
2291434; 795213, 2291075; 795299, 2291051; 795400, 2290907; 795821, 
2290462; 795807, 2290385; 795864, 2290318; 796008, 2290304; 796061, 
2290232; 796133, 2290112; 796195, 2290069; 796310, 2290016; 796427, 
2289780; 796453, 2289731; 796458, 2289724; 796453, 2289665; 794488, 
2289840; 791401, 2289270; 789965, 2288718; 789343, 2291348; 787469, 
2291492; 786580, 2289125; 787793, 2286254; 790244, 2287538; 790161, 
2287892.
    (ii) Unit excludes two areas:
    (A) Bounded by the following seven points (162 ha, 400ac): 776764, 
2286552; 778589, 2286255; 778519, 2285877; 776631, 2285401; 776280, 
2285436; 776669, 2286345; 776764, 2286552.
    (B) Bounded by the following 11 points (58 ha, 143 ac): 782337, 
2285709; 782398, 2285481; 781035, 2285187; 781028, 2286132; 781029, 
2286198; 781305, 2286239; 781412, 2285729; 781455, 2285500; 781459, 
2285501; 781459, 2285501; 782337, 2285709.
    (iii) Note: Map 9 follows:
BILLING CODE 4310-55-P

[[Page 15972]]

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BILLING CODE 4310-55-P
    (20) Maui I1 (1,862 ha; 4,601 ac).
    (i) Unit consists of the following 61 boundary points: 788755, 
2298314; 788934, 2298211; 788932, 2298142; 789003, 2297908; 789137, 
2297528; 789205, 2297438; 789207, 2297318; 789096, 2297113; 789049, 
2296968; 788869, 2296843; 788619, 2296647; 788580, 2296262; 788460, 
2296022; 788165, 2295603; 787886, 2295369; 787844, 2295067; 787660, 
2294754; 787231, 2294372; 786737, 2293972; 786661, 2293742; 786430, 
2293387; 786421, 2292812; 786299, 2292576; 786151, 2292452; 786063, 
2292445; 785946, 2292314; 785941, 2292306; 785940, 2292307; 785823, 
2292175; 785613, 2292265; 785313, 2291995; 784912, 2291915; 784917, 
2291907; 784854, 2291851; 784826, 2291868; 784683, 2291725; 784623, 
2291725; 784473, 2291725; 784323, 2291635; 784171, 2291462; 783871, 
2291402; 783541, 2291072; 782851, 2290952; 782491, 2290652; 781861, 
2290202; 781591, 2290022; 781388, 2289777; 780841, 2289542; 780576, 
2289283; 780151, 2289182; 780061, 2289062; 779851, 2289092; 779401, 
2288972; 779251, 2288792; 779131, 2288792; 779070, 2288768; 780400, 
2290082; 780380, 2290097; 788189, 2297787; 788162, 2297781.
    (ii) Note: See Map 10.
    (21) Maui I2 (680 ha; 1,680 ac).
    (i) Unit consists of the following 11 boundary points: 784570, 
2295895; 784440, 2295690; 782956, 2294207; 782421, 2293422; 782263, 
2293191; 782187, 2293615; 781338, 2294254; 780818, 2294804; 781473, 
2295735; 782282, 2296409; 782585, 2297193.
    (ii) Note: See Map 10.
    (22) Maui I3 (452 ha; 1,117 ac).
    (i) Unit consists of the following six boundary points: 781340, 
2292025; 780754, 2291599;780373, 2290270;780279, 2290173;778396, 
2291591;779749, 2293351.
    (ii) Note: See Map 10.
    (23) Maui I4 (497 ha; 1,227 ac).
    (i) Unit consists of the following 31 boundary points: 778136, 
2288218; 778111, 2288132; 777661, 2288072; 777481, 2287862; 777211, 
2287742; 777241, 2287472; 777091, 2287322; 776881, 2287322; 776791, 
2287382; 776731, 2287292; 776611, 2287292; 776431, 2287082; 776221, 
2286932; 775981, 2286962; 775801, 2286842; 775711, 2286572; 775501, 
2286512; 775201, 2286392; 774961, 2286242; 774871, 2286062; 774601, 
2285942; 774421, 2285732; 774305, 2285732; 774368, 2286253; 775008, 
2287236; 774920, 2287996; 775155, 2288309; 775846, 2288444; 776207, 
2289144; 777437, 2288634; 777822, 2288467.
    (ii) Note: Map 10 follows:

[[Page 15973]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.039

BILLING CODE 4310-55-C
    (24) Maui J (5,790 ha; 14,308 ac).
    (i) Unit J consists of the following 93 boundary points: 786211, 
2292452; 786151, 2292452; 786299, 2292576; 786421, 2292812; 786430, 
2293387; 786661, 2293742; 786737, 2293972; 787231, 2294372; 787660, 
2294754; 787844, 2295067; 787886, 2295369; 788165, 2295603; 788460, 
2296022; 788580, 2296262; 788619, 2296647; 788869, 2296843; 789049, 
2296968; 789096, 2297113; 789207, 2297318; 789205, 2297438; 789137, 
2297528; 789003, 2297908; 788932, 2298142; 788934, 2298206; 788942, 
2298202; 790992, 2297103; 791410, 2296897; 791825, 2296690; 792099, 
2296555; 792241, 2296484; 792656, 2296277; 793071, 2296070; 793542, 
2295836; 793699, 2295758; 793717, 2295735; 793949, 2295528; 794430, 
2295549; 794610, 2295512; 795570, 2295362; 796387, 2295350; 799935, 
2295528; 800349, 2295462; 800349, 2295342; 800469, 2295252; 800469, 
2295162; 800636, 2295040; 800632, 2295034; 800620, 2295038; 799311, 
2293503; 798490, 2292539; 798357, 2292680; 798374, 2292403; 798056, 
2292031; 798165, 2291162; 796545, 2290807; 796458, 2289724; 796453, 
2289731; 796427, 2289780; 796310, 2290016; 796195, 2290069; 796133, 
2290112; 796061, 2290232; 796008, 2290304; 795864, 2290318; 795807, 
2290385; 795821, 2290462; 795400, 2290907; 795299, 2291051; 795213, 
2291075; 794614, 2291434; 794523, 2291573; 794432, 2291674; 794207, 
2291635; 793671, 2291645; 793450, 2291683; 793014, 2291770; 792750, 
2291702; 792480, 2291702; 791730, 2291582; 790950, 2291672; 790230, 
2291432; 790086, 2291458; 789720, 2291522; 789031, 2291522; 788641, 
2291432; 788341, 2291522; 788131, 2291492; 787951, 2291582; 787561, 
2291702; 787201, 2292092; 786631, 2292122; 786511, 2292242; 786211, 
2292452.
    (ii) Note: Map 11 follows:
BILLING CODE 4310-55-P

[[Page 15974]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.040

    (25) Maui K (5,464 ha; 13,502 ac).
    (i) Unit consists of the following 39 boundary points: 798586, 
2290348; 801847, 2291015; 801917, 2291085; 801389, 2291758; 801145, 
2291990; 801037, 2292402; 800743, 2293514; 800900, 2294126; 801147, 
2294134; 801376, 2294265; 801594, 2294228; 801760, 2294574; 800906, 
2294922; 800636, 2295040; 800469, 2295162; 800469, 2295252; 800349, 
2295342; 800349, 2295462; 800379, 2295672; 801296, 2295690; 802992, 
2299556; 804200, 2299306; 806459, 2298838; 808913, 2296912; 805053, 
2293181; 808301, 2291412; 806062, 2289747; 804741, 2291728; 804598, 
2289317; 803684, 2289877; 803574, 2289704; 803114, 2290141; 801935, 
2289265; 800788, 2289185; 800342, 2289966; 799912, 2289966; 799418, 
2289552; 799083, 2289679; 798541, 2290221.
    (ii) Note: Map 12 follows:

[[Page 15975]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.041

    (26) Maui L (4,612 ha; 11,396 ac).
    (i) Unit consists of the following 66 boundary points: 784691, 
2306143; 785374, 2306329; 785968, 2306418; 786589, 2306409; 786953, 
2306374; 789090, 2305904; 789515, 2306162; 790281, 2306097; 790360, 
2305448; 791696, 2304712; 791781, 2304297; 791627, 2303742; 791264, 
2303330; 791158, 2302616; 791550, 2301582; 790503, 2302354; 790198, 
2302345; 789906, 2301556; 791083, 2300859; 791175, 2300611; 794821, 
2299526; 795483, 2299193; 795907, 2298874; 796226, 2298998; 797155, 
2298832; 797292, 2298791; 797592, 2295644; 797739, 2295646; 797990, 
2295649; 799102, 2295662; 800430, 2295679; 800379, 2295672; 800349, 
2295462; 799935, 2295528; 796387, 2295350; 795570, 2295362; 794610, 
2295512; 794430, 2295549; 793949, 2295528; 793717, 2295735; 793699, 
2295758; 794014, 2295603; 796710, 2295634; 788433, 2301564; 788429, 
2301566; 787081, 2302528; 787078, 2302530; 787025, 2302567; 785551, 
2302746; 785950, 2302240; 785443, 2302303; 785422, 2302623; 785067, 
2302898; 784947, 2303017; 784875, 2303047; 784803, 2303101; 784660, 
2303678; 783583, 2303838; 783559, 2304310; 783487, 2304404; 783488, 
2304406; 783486, 2304406; 783228, 2304747; 783196, 2305076; 783422, 
2305338; 784075, 2305511.
    (ii) Note: Map 13 follows:

[[Page 15976]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.042

    (27) Maui M (2 ha; 6 ac).
    (i) Unit consists of the following six boundary points: 744481, 
2311471; 744357, 2311489; 744330, 2311543; 744340, 2311642; 744511, 
2311612; 744481, 2311471.
    (ii) Note: Map 14 follows:

[[Page 15977]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.043

BILLING CODE 4310-55-C

 Table (a)(1)(i)(C). Protected Species Within Each Critical Habitat Unit
                                for Maui
------------------------------------------------------------------------
     Unit name           Species occupied          Species unoccupied
------------------------------------------------------------------------
Maui A............  Clermontia oblongifolia    Alectryon macrococcus,
                     ssp. mauiensis,            Cyanea glabra, Gouania
                     Colubrina oppositifolia,   vitifolia, Hedyotis
                     Ctenitis squamigera,       mannii, Hesperomannia
                     Cyanea lobata, Cyrtandra   arbuscula, Phlegmariurus
                     munroi, Remya mauiensis,   mannii, Platanthera
                     Sanicula purpurea.         holochila, Plantago
                                                princeps, Pteris
                                                lydgatei.
Maui B............  Cyanea lobata,             Clermontia oblongifolia
                     Hesperomannia              ssp. mauiensis, Ctenitis
                     arborescens,               squamigera, Cyrtandra
                     Phlegmariurus mannii,      munroi, Diplazium
                     Platanthera holochila,     molokaiense.
                     Plantago princeps,
                     Pteris lydgatei,
                     Sanicula purpurea.
Maui C............  Centaurium sebaeoides,     Brighamia rockii.
                     Sesbania tomentosa.
Maui D............  Ctenitis squamigera,       Cenchrus agrimonioides,
                     Cyanea glabra, Cyanea      Clermontia oblongifolia
                     grimesiana ssp.            ssp. mauiensis,
                     grimesiana, Cyanea         Cyrtandra munroi,
                     lobata, Diellia erecta,    Diplazium molokaiense,
                     Dubautia plantaginea       Gouania vitifolia,
                     ssp. humilis, Hedyotis     Isodendrion pyrifolium,
                     coriacea, Hedyotis         Peucedanum sandwicense,
                     mannii, Hesperomannia      Plantago princeps,
                     arbuscula, Hibiscus        Sanicula purpurea,
                     brackenridgei,             Tetramolopium remyi
                     Lysimachia lydgatei,
                     Neraudia sericea,
                     Phlegmariurus mannii,
                     Platanthera holochila,
                     Pteris lydgatei, Remya
                     mauiensis, Spermolepis
                     hawaiiensis,
                     Tetramolopium capillare.
Maui E............  Bonamia menziesii,
                     Hibiscus brackenridgei.
Maui F............  Vigna o-wahuensis........
Maui G............  Ischaemum byrone.........  Brighamia rockii,
                                                Mariscus pennatiformis,
                                                Peucedanum sandwicense
Maui H............  Alectryon macrococcus,     Argyroxiphium sandwicense
                     Bidens micrantha ssp.      ssp. macrocephalum,
                     kalealaha, Bonamia         Clermontia lindseyana,
                     menziesii, Cenchrus        Colubrina oppositifolia,
                     agrimonioides, Flueggea    Diellia erecta,
                     neowawraea, Geranium       Diplazium molokaiense,
                     arboreum, Lipochaeta       Geranium multiflorum,
                     kamolensis, Melicope       Nototrichium humile,
                     adscendens, Melicope       Phyllostegia mollis,
                     knudsenii, Melicope        Plantago princeps,
                     mucronulata, Neraudia      Schiedea haleakalensis
                     sericea, Phlegmariurus
                     mannii, Sesbania
                     tomentosa, Spermolepis
                     hawaiiensis, Zanthoxylum
                     hawaiiense.
Maui I............  Diellia erecta, Diplazium  Argyroxiphium sandwicense
                     molokaiense, Geranium      ssp. macrocephalum,
                     arboreum.                  Asplenium fragile var.
                                                insulare, Bidens
                                                micrantha ssp.
                                                kalealaha, Clermontia
                                                lindseyana, Geranium
                                                multiflorum,
                                                Phlegmariurus mannii,
                                                Phyllostegia mollis,
                                                Plantago princeps

[[Page 15978]]

 
Maui J............  Argyroxiphium sandwicense  Asplenium fragile var.
                     ssp. macrocephalum,        insulare, Clermontia
                     Bidens micrantha ssp.      samuelii, Platanthera
                     kalealaha, Geranium        holochila
                     multiflorum, Plantago
                     princeps, Schiedea
                     haleakalensis.
Maui K............  Clermontia samuelii,       Alectryon macrococcus,
                     Cyanea copelandii ssp.     Cyanea glabra, Geranium
                     haleakalaensis, Cyanea     multiflorum, Platanthera
                     hamatiflora ssp.           holochila
                     hamatiflora, Melicope
                     balloui, Melicope
                     ovalis, Phlegmariurus
                     mannii, Plantago
                     princeps.
Maui L............  Cyanea copelandii ssp.     Alectryon macrococcus,
                     haleakalaensis, Cyanea     Argyroxiphium
                     hamatiflora ssp.           sandwicense ssp.
                     hamatiflora, Cyanea        macrocephalum, Asplenium
                     mceldowneyi, Geranium      fragile var. insulare,
                     multiflorum, Melicope      Clermontia samuelii,
                     balloui, Phlegmariurus     Cyanea glabra, Diplazium
                     mannii, Zanthoxylum        molokaiense,
                     hawaiiense.                Phyllostegia mannii,
                                                Phyllostegia mollis,
                                                Platanthera holochila
Maui M............  Spermolepis hawaiiense...
------------------------------------------------------------------------

    (D) Kahoolawe. Critical habitat units are described below. 
Coordinates are in UTM Zone 4 with units in meters using North American 
Datum of 1983 (NAD83). The following map shows the general locations of 
the two critical habitat units designated on the island of Kahoolawe.
    (1) Kahoolawe A (713 ha, 1,762 ac).
    (i) Unit consists of the whole island excluding one area that 
consists of the following 35 boundary points: 754797, 2277077; 755045, 
2276297; 754918, 2276004; 754909, 2276004; 754904, 2275863; 754946, 
2275320; 754303, 2273696; 754396, 2273017; 754242, 2272155; 754042, 
2271056; 753210, 2271022; 751707, 2271460; 751597, 2271496; 751596, 
2271487; 750683, 2271836; 750542, 2272275; 750349, 2272348; 749983, 
2272296; 749116, 2271616; 747586, 2271444; 747413, 2271428; 747414, 
2271426; 745642, 2271630; 744685, 2271955; 744751, 2272554; 745517, 
2273620; 746524, 2273925; 748215, 2274039; 749280, 2273853; 749780, 
2274053; 749746, 2274386; 748914, 2275218; 749580, 2276150; 753110, 
2277682; 754797, 2277077.
    (ii) Note: See Map 15.
    (2) Kahoolawe B (0.5 ha, 1 ac).
    (i) Unit consists of the following 80 boundary points: 749281, 
2269833; 749285, 2269821; 749303, 2269801; 749305, 2269787; 749302, 
2269778; 749294, 2269774; 749276, 2269779; 749256, 2269768; 749248, 
2269757; 749240, 2269754; 749221, 2269774; 749212, 2269790; 749204, 
2269793; 749194, 2269793; 749182, 2269780; 749172, 2269771; 749160, 
2269766; 749155, 2269743; 749149, 2269730; 749142, 2269724; 749124, 
2269721; 749120, 2269713; 749115, 2269705; 749111, 2269704; 749108, 
2269707; 749099, 2269706; 749086, 2269701; 749078, 2269704; 749075, 
2269707; 749076, 2269721; 749091, 2269738; 749098, 2269756; 749099, 
2269769; 749104, 2269777; 749111, 2269827; 749127, 2269843; 749138, 
2269874; 749150, 2269880; 749164, 2269883; 749178, 2269912; 749196, 
2269952; 749209, 2269970; 749230, 2269988; 749237, 2269999; 749238, 
2270015; 749251, 2270040; 749266, 2270057; 749280, 2270068; 749338, 
2270081; 749352, 2270078; 749388, 2270073; 749401, 2270060; 749409, 
2270057; 749418, 2270046; 749424, 2270033; 749422, 2270025; 749416, 
2270012; 749415, 2270003; 749407, 2270000; 749394, 2269996; 749394, 
2269987; 749395, 2269978; 749388, 2269973; 749380, 2269976; 749371, 
2269980; 749363, 2269977; 749353, 2269968; 749344, 2269968; 749322, 
2269972; 749308, 2269961; 749306, 2269951; 749319, 2269921; 749319, 
2269916; 749312, 2269909; 749304, 2269905; 749301, 2269891; 749286, 
2269880; 749283, 2269867; 749282, 2269842; 749281, 2269833.
    (ii) Note: Map 15 follows:
BILLING CODE 4310-55-P

[[Page 15979]]

[GRAPHIC] [TIFF OMITTED] TP03AP02.044

BILLING CODE 4310-55-C

Table (a)(1)(i)(D).--Protected Species Within Each Critical Habitat Unit
                              for Kahoolawe
------------------------------------------------------------------------
       Unit name             Species occupied       Species unoccupied
------------------------------------------------------------------------
Kahoolawe A............  Vigna o-wahuensis......  Hibiscus
                                                   brackenridgei,
                                                   Kanaloa
                                                   kahoolawensis,
                                                   Sesbania tomentosa.
Kahoolawe B............  Kanaloa kahoolawensis,
                          Sesbania tomentosa.
------------------------------------------------------------------------

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

Family Amaranthaceae: Nototrichium humile (kului)

    Maui H, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Nototrichium humile on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Old cinder cones in dry shrubland and containing one or more of 
the following associated native species: Dodonaea viscosa, Erythrina 
sandwicensis, Heteropogon contortus, or Nototrichium sandwicense; and
    (2) Elevations between 338 and 734 m (1,110 and 2,407 ft).

Family Apiaceae: Peucedanum sandwicense (makou)

    Maui D and G, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Peucedanum sandwicense on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Sparsely vegetated steep to vertical cliff habitats with little 
soil in mesic or coastal communities containing one or more of the 
following associated native species: Artemisia australis, Eragrostis 
spp., Metrosideros polymorpha, Carex spp., Bidens spp., Diospyros 
sandwicensis, Chamaesyce spp., Peperomia spp., Hedyotis littoralis, 
Lysimachia mauritiana, Pandanus tectorius, Scaevola sericea, or 
Schiedea globosa; and
    (2) Elevations between 237 and 1,131 m (778 and 3,711 ft).

Family Apiaceae: Sanicula purpurea (NCN)

    Maui B and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Sanicula 
purpurea on Maui. Within these units the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Open Metrosideros polymorpha mixed montane bogs containing one 
or more of the following associated plant taxa: Styphelia tameiameiae, 
Gahnia beecheyi, Geranium hillebrandii, Myrsine vaccinioides, Viola 
maviensis, Argyroxiphium caliginis, Plantago pachyphylla, Lycopodium 
sp., Argyroxiphium grayanum, Lagenifera maviensis, Machaerina sp., or 
Oreobolus furcatus; and
    (2) Elevations between 1,195 and 1,764 m (3,921 and 5,787 ft).

[[Page 15980]]

Family Apiaceae: Spermolepis hawaiiensis (NCN)

    Maui D, H and M, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Spermolepis hawaiiensis on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Shady spots in Dodonaea viscosa lowland dry shrubland and 
containing one or more of the following associated native species: 
Eragrostis variabilis, Wikstroemia sp., Erythrina sandwicensis, 
Diospyros sp., Pleomele sp., Lipochaeta lavarum, Sida fallax, Myoporum 
sandwicense, Santalum ellipticum, Gouania hillebrandii, or Heteropogon 
contortus; and
    (2) Elevations between 221 and 742 m (725 and 2,434 ft).

Family Asteraceae: Argyroxiphium sandwicense ssp. macrocephalum 
(ahinahina)

    Maui H, I, J, and L, identified in the legal descriptions in 
paragraph (a)(1)(i)(C) of this section, constitute critical habitat for 
Argyroxiphium sandwicense ssp. macrocephalum on Maui. Within these 
units, the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Lava flows and otherwise barren, unstable slopes of recent 
(less than several thousand years old) volcanic cinder cones and 
Deschampsia grasslands, a mean annual precipitation of approximately 75 
to 250 cm (29.6 to 98.4 in), substrate with almost no soil development 
and subject to frequent formation of ice at night and extreme heating 
during cloudless days, alpine dry shrubland and containing one or more 
of the following associated native plant species: Agrostis 
sandwicensis, Deschampsia nubigena, Dubautia menziesii, Silene 
struthioloides, Styphelia tameiameiae, Tetramolopium humile, or 
Trisetum glomeratum; and
    (2) Elevations between 1,511 and 3,053 m (4,957 and 10,016 ft).

Family Asteraceae: Bidens micrantha ssp. kalealaha (kookoolau)

    Maui H, I and J, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Bidens 
micrantha ssp. kalealaha on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Blocky lava flows with little or no soil development, deep pit 
craters, or sheer rock walls in open canopy Metrosideros polymorpha-
Acacia koa forest, montane shrubland, Sophora chrysophylla forests or 
cliff faces; and containing one or more of the following associated 
native plant species: Styphelia tameiameiae, Coprosma montana, Dodonaea 
viscosa, Vaccinium reticulatu, Santalum haleakalae, Dubautia menziesii, 
or Dubautia platyphylla; and
    (2) Elevations between 1,317 and 2,565 m (4,321 and 8,414 ft).

Family Asteraceae: Dubautia plantaginea ssp. humilis (naenae)

    Maui D, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Dubautia 
plantaginea ssp. humilis on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Wet, barren, steep, rocky, wind-blown cliffs containing one or 
more of the following associated native plant species: Metrosideros 
polymorpha, Pipturus albidus, Eragrostis variabilis, Carex sp., 
Hedyotis formosa, Lysimachia remyi, Bidens sp., Pritchardia sp., or 
Plantago princeps; and
    (2) Elevations between 266 and 1,593 m (873 and 5,226 ft).

Family Asteraceae: Hesperomannia arborescens (NCN)

    Maui B, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Hesperomannia arborescens on Maui. Within this unit, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Slopes or ridges in lowland mesic or wet forest and containing 
one or more of the following associated native plant species: 
Metrosideros polymorpha, Myrsine sandwicensis, Isachne distichophylla, 
Pipturus sp., Antidesma sp., Psychotria sp., Clermontia sp., Cibotium 
sp., Dicranopteris linearis, Bobea sp., Coprosma sp., Sadleria sp., 
Melicope sp., Machaerina sp., Cheirodendron sp., or Freycinetia 
arborea; and
    (2) Elevations between 346 and 1,335 m (1,135 and 4,380 ft).

Family Asteraceae: Hesperomannia arbuscula (NCN)

    Maui A and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Hesperomannia arbuscula on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Steep forested slopes and ridges in mesic forest dominated by 
Metrosideros polymorpha or Diospyros sandwicensis and containing one or 
more of the following associated native plant species: Bidens sp., 
Tetraplasandra sp., Alyxia oliviformis, Clermontia sp., Cyanea sp., 
Cheirodendron sp., or Psychotria sp.; and
    (2) Elevations between 354 and 1,453 m (1,161 and 4,767 ft).

Family Asteraceae: Lipochaeta kamolensis (nehe)

    Maui H, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Lipochaeta kamolensis on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Gulches or gentle slopes outside gulches in dry shrubland and 
containing one or more of the following associated native plant 
species: Dodonaea viscosa, Plumbago zeylanica, or Ipomoea indica; and
    (2) Elevations between 40 and 602 m (132 and 1,974 ft).

Family Asteraceae: Remya mauiensis (NCN)

    Maui D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Remya 
mauiensis on Maui. 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 mixed mesophytic 
forests or Metrosideros polymorpha montane wet forests and containing 
one or more of the following associated native species: Diospyros 
sandwicensis, Xylosma hawaiiense, Nestegis sandwicensis, Myrsine 
lessertiana, Wikstroemia sp., Dodonaea viscosa, Diplazium 
sandwichianum, Lysimachia remyi, Microlepia strigosa, Melicope sp., 
Alyxia oliviformis, Pleomele auwahiensis, Psychotria mariniana, or 
Styphelia tameiameiae; and
    (2) Elevations between 400 and 1,228 m (1,312 and 4,029 ft).

Family Asteraceae: Tetramolopium capillare (pamakani)

    Maui D, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Tetramolopium capillare on Maui. Within this unit, the currently known 
primary constituent elements of critical

[[Page 15981]]

habitat are the habitat components provided by:
    (1) Rocky substrates in Heteropogon contortus lowland dry forest 
and containing one or more of the following associated native plant 
species: Dodonaea viscosa, or Myoporum sandwicense; or in Metrosideros 
polymorpha-Styphelia tameiameiae montane mesic or wet shrubland and wet 
cliff faces and containing one or more of the following associated 
plant species: Metrosideros polymorpha, Styphelia tameiameiae, or 
Dodonaea viscosa; and
    (2) Elevations between 131 and 1,432 m (430 and 4,698 ft).

Family Asteraceae: Tetramolopium remyi (NCN)

    Maui D, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Tetramolopium remyi on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Dry, exposed ridges or flats in lowland dry shrubland and 
containing one or more of the following associated native plant 
species: Dodonaea viscosa, Heteropogon contortus, Bidens mauiensis, 
Bidens menziesii, Eragrostis atropioides, Lipochaeta heterophylla, or 
Waltheria indica; and
    (2) Elevations between 52 and 550 m (171 and 1,804 ft).

Family Campanulaceae: Brighamia rockii (pua ala)

    Maui C and G, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Brighamia 
rockii on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep sea cliffs, often within the spray zone, in coastal dry 
to mesic forests and shrublands and containing one or more of the 
following associated plant species: Psydrax odorata, Diospyros 
sandwicensis, Osteomeles anthyllidifolia, or Scaevola sericea; and
    (2) Elevations between 0 and 195 m (0 and 640 ft).

Family Campanulaceae: Clermontia lindseyana (haha)

    Maui H and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Clermontia lindseyana on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Acacia koa mesic forest containing one or more of the following 
associated native plant species: Cyrtandra spp., native fern species, 
Ilex anomala, Coprosma sp., or Myrsine sp.; and
    (2) Elevations between 1,142 and 1,870 m (3,747 and 6,134 ft).

Family Campanulaceae: Clermontia oblongifolia ssp. mauiensis (oha 
wai)

    Maui A, B, and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Clermontia oblongifolia ssp. mauiensis on Maui. Within these units, the 
currently known primary constituent elements of critical habitat are 
the habitat components provided by:
    (1) The sides of ridges and tops of ridges in Metrosideros 
polymorpha-dominated montane wet forest and containing one or more of 
the following associated native plant species: Dicranopteris linearis, 
Ilex anomala, Myrsine sp., Cheirodendron sp., Coprosma sp., Clermontia 
sp., Hedyotis sp., or Melicope; and
    (2) Elevations between 414 and 1,764 m (1,358 and 5,787 ft).

Family Campanulaceae: Clermontia samuelii (oha wai)

    Maui J, K, and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Clermontia samuelii on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Wet Metrosideros polymorpha and Metrosideros polymorpha-
Dicranopteris linearis forest or wet Metrosideros polymorpha and 
Metrosideros polymorpha-Cheirodendron trigynum forest containing one or 
more of the following associated native plant species: Tetraplasandra 
oahuensis, Hedyotis terminalis, Hedyotis hillebrandii, Broussaisia 
arguta, Cibotium sp., Dubautia sp., Psychotria mariniana, Melicope 
clusiifolia, Diplazium sandwichianum, Peperomia obovatilimba, 
Adenophorus tamariscinus, Vaccinium spp., Carex alligata, Melicope 
spp., or Cheirodendron trigynum, Hedyotis hillebrandii, Cibotium spp., 
Broussaisia arguta, Diplazium sandwichianum, Rubus hawaiiensis, 
Clermontia arborescens ssp. waihiae, Dubautia sp., Clermontia sp., 
Hedyotis sp., Vaccinium spp., Carex alligata, or Melicope spp.; and
    (2) Elevations between 723 and 2,244 m (2,372 and 7,362 ft).

Family Campanulaceae: Cyanea copelandii ssp. haleakalaensis (haha)

    Maui K and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Cyanea 
copelandii ssp. haleakalaensis on Maui. Within these units, the 
currently known primary constituent elements of critical habitat are 
the habitat components provided by:
    (1) Stream banks or wet scree slopes or forest understory in 
montane wet or mesic forest dominated by Acacia koa and/or Metrosideros 
polymorpha and containing one or more of the following associated 
native plant species: Cibotium sp., Perrottetia sandwicensis, 
Psychotria hawaiiensis, Broussaisia arguta, or Hedyotis acuminata; and
    (2) Elevations between 616 and 1,411 m (2,021 and 4,630 ft).

Family Campanulaceae: Cyanea glabra (haha)

    Maui A, K, and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Cyanea 
glabra on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Soil and rock stream banks in wet lowland forest dominated by 
Acacia koa and/or Metrosideros polymorpha and containing one or more of 
the following associated native plant species: Xylosma hawaiiense, 
Dodonea viscosa, Psychotria sp., Pipturis albidus, Touchardia 
latifolia, Boehmeria grandis, Clermontia kakeana, Cyanea elliptica, 
Perrottetia sandwicensis, Coprosma sp., Cibotium sp., Dubautia 
plantaginea, Cheirodendron trigynum, Thelypteris cyatheoides, Diplazium 
sp., or Sadleria sp.; and
    (2) Elevations between 413 and 1,572 m (1,355 and 5,156 ft).

Family Campanulaceae: Cyanea grimesiana ssp. grimesiana (haha)

    Maui D, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Cyanea 
grimesiana ssp. grimesiana on Maui. Within this unit, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Rocky or steep slopes of stream banks in wet forest gulch 
bottoms often dominated by Metrosideros polymorpha and containing one 
or more of the following associated native plant species: Antidesma 
sp., Bobea sp., Myrsine sp., Nestegis sandwicensis, Psychotria sp., or 
Xylosma sp.; and

[[Page 15982]]

    (2) Elevations between 312 and 1,617 m (1,024 and 5,305 ft).

Family Campanulaceae: Cyanea hamatiflora ssp. hamatiflora (haha)

    Maui K and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Cyanea 
hamatiflora ssp. hamatiflora on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Montane wet forest dominated by Metrosideros polymorpha, with a 
Cibotium sp. and/or native shrub understory or closed Acacia koa-
Metrosideros polymorpha wet forest containing one or more of the 
following associated native plant species: Dicranopteris linearis, 
Cheirodendron trigynum, Broussaisia arguta, Cyanea aculeatiflora, 
Cyanea kunthiana, Vaccinium sp., Melicope sp., Athyrium microphyllum, 
Diplazium sandwichianum or Myrsine sp.; and
    (2) Elevations between 767 and 1,553 m (2,515 and 5,095 ft).

Family Campanulaceae: Cyanea lobata (haha)

    Maui A, B, and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Cyanea 
lobata on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep stream banks in deep shade in wet forest and containing 
one or more of the following associated native plant species: 
Touchardia latifolia, Morinda trimera, Metrosideros polymorpha, 
Clermontia kakeana, Cyrtandra spp., Xylosma sp., Psychotria sp., 
Antidesma sp., Pipturus albidus, Peperomia sp., Touchardia latifolia, 
Freycinetia arborea, Pleomele sp., Athyrium sp.; and
    (2) Elevations between 204 and 1,531 m (669 and 5,020 ft).

Family Campanulaceae: Cyanea mceldowneyi (haha)

    Maui L, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Cyanea 
mceldowneyi on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Montane wet and mesic forest with mixed Metrosideros 
polymorpha-Acacia koa and containing one or more of the following 
associated native plant species: Melicope clusiifolia, Hedyotis sp., 
Clermontia arborescens, Diplazium sandwichianum, Broussaisia arguta, 
Cibotium sp., Cyrtandra sp., Dicranopteris linearis, or Cheirodendron 
trigynum; and
    (2) Elevations between 779 and 1,357 m (2,555 and 4,453 ft).

Family Caryophyllaceae: Schiedea haleakalensis (NCN)

    Maui H and J, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Schiedea 
haleakalensis on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Rock cracks on sheer cliffs adjacent to barren lava and 
subalpine shrublands and grasslands with cinder, weathered volcanic 
ash, or bare lava substrate with little or no soil development and 
periodic freezing temperatures and containing one or more of the 
following associated native plant species: Artemisia mauiensis, Bidens 
micrantha, Dubautia menziesii, Styphelia tameiameiae, Vaccinium 
reticulatum, or Viola chamissoniana; and
    (2) Elevations between 1,678 and 2,434 m (5,505 and 7,986 ft).

Family Convolvulaceae: Bonamia menziesii (NCN)

    Maui E and H, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Bonamia 
menziesii on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Aa lava in mixed open dry forest or Erythrina sandwicensis 
lowland dry forest, or in mesic mixed Metrosideros polymorpha forest 
and containing one or more of the following associated native plant 
species: Nestegis sandwicensis, Pleomele auwahiensis, Dodonaea viscosa, 
Alyxia oliviformis, Diospyros sandwicensis, Osteomeles anthyllidifolia, 
Alphitonia ponderosa, Santalum ellipticum, Xylosma hawaiiensis, 
Nothocestrum latifolium, Pouteria sandwicensis, Achyranthes splendens, 
Acacia koaia, Sida fallax, Reynoldsia sandwicensis, Sicyos sp., 
Lipochaeta rockii, Nototrichium sp., or Myoporum sandwicense; and
    (2) Elevations between 184 and 906 m (604 and 2,971 ft).

Family Cyperaceae: Mariscus pennatiformis (NCN)

    Maui G, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Mariscus 
pennatiformis on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Cliffs with brown soil and talus within reach of ocean spray in 
Pandanus tectorius coastal wet forests and containing one or more of 
the following associated native plant species: Sadleria pallida, 
Lysimachia mauritiana, Cyperus laevigatus, Eragrostis spp., or Ipomoea 
sp.; and
    (2) Elevations between 0 and 188 m (0 and 615 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

    Maui H, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Flueggea 
neowawraea on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Dry or mesic forest containing one or more of the following 
associated native plant species: Alectryon macrococcus, Bobea 
timonioides, Charpentiera sp., Myrsine lanaiensis, Tetraplasandra sp., 
Diplazium sandwichianum, Nesoluma polynesicum, Diospyros sp., Antidesma 
pulvinatum, Psydrax odorata, Nestegis sandwicensis, Rauvolfia 
sandwicensis, Pleomele sp., Pouteria sandwicensis, or Pleomele 
auwahiensis; and
    (2) Elevations between 633 and 971 m (2,078 and 3,186 ft).

Family Fabaceae: Kanaloa kahoolawensis (kohe malama malama o 
Kanaloa)

    Kahoolawe A and B, identified in the legal description in 
(a)(1)(I)(D), constitute critical habitat for Kanaloa kahoolawensis on 
Kahoolawe. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Steep, rocky talus slopes in mixed coastal shrubland and 
containing one or more of the following associated native plants: Sida 
fallax, Senna gaudichaudii, Bidens mauiensis, Lipochaeta lavarum, 
Portulaca molokiniensis, or Capparis sandwichiana; and
    (2) Elevations between 45 to 60 m (150 to 200 ft).

Family Fabaceae: Sesbania tomentosa (ohai)

    (1) Maui C and H, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, and Kahoolawe A and B, identified in the 
legal description in paragraph (a)(1)(I)(D) of this section, constitute

[[Page 15983]]

critical habitat for Sesbania tomentosa on Maui and Kahoolawe, 
respectively. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (i) Windswept slopes, sea cliffs, and cinder cones in Scaevola 
sericea coastal dry shrublands and containing one or more of the 
following associated native plant species: Lipochaeta integrifolia, 
Jacquemontia ovalifolia ssp. sandwicensis, Sida fallax, Diospyros 
sandwicensis, Bidens sp. and stunted Dodonaea viscosa; and
    (ii) Elevations between 0 and 608 m (0 and 1,993 ft).
    (2) Kahoolawe A and B, identified in the legal description in 
paragraph (a)(1)(I)(D) of this section, constitute critical habitat for 
Sesbania tomentosa on Kahoolawe. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (i) Windswept slopes, sea cliffs, and cinder cones in Scaevola 
sericea coastal dry shrublands and containing one or more of the 
following associated native plant species: Lipochaeta integrifolia, 
Jacquemontia ovalifolia ssp. sandwicensis, Sida fallax, Diospyros 
sandwicensis, Bidens sp. and stunted Dodonaea viscosa; and
    (ii) Elevations between 0 and 118 m (0 and 387 ft).

Family Fabaceae: Vigna o-wahuensis (NCN)

    (1) Maui F, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Vigna o-
wahuensis on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (i) Dry or mesic grassland or shrubland containing one or more of 
the following associated plant species: Sida fallax, Dodonaea viscosa, 
or Chamaesyce sp.; and
    (ii) Elevations between 0 and 50 m (0 and 164 ft).
    (2) Kahoolawe A, identified in the legal description in paragraph 
(a)(1)(i)(D) of this section, constitutes critical habitat for Vigna o-
wahuensis on Kahoolawe. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (i) Dry or mesic grassland or shrubland containing one or more of 
the following associated plant species: Sida fallax, Dodonaea viscosa, 
or Chamaesyce sp.; and
    (ii) Elevations between 0 and 50 m (0 and 164 ft).

Family Gentianaceae: Centaurium sebaeoides (awiwi)

    Maui C, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Centaurium sebaeoides on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Volcanic or clay soils or cliffs in windward coastal areas and 
containing one or more of the following associated native plant 
species: Panicum torridum, Lysimachia mauritiana, Schiedea globosa, 
Lipochaeta integrifolia, Bidens mauiensis, Scaevola sericea, or Lycium 
sandwicense; and
    (2) Elevations between 0 and 194 m (0 and 636 ft).

Family Geraniaceae: Geranium arboreum (nohoanu)

    Maui H and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Geranium 
arboreum on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep, damp and shaded narrow canyons and gulches, steep banks, 
and intermittent streams in Sophora chrysophylla subalpine dry 
shrubland or Metrosideros polymorpha montane forest and containing one 
or more of the following associated native plant species: Vaccinium 
reticulatum, Dodonaea viscosa, Styphelia tameiameiae, Rubus 
hawaiiensis, or Dryopteris wallichiana; and
    (2) Elevations between 1,451 and 2,184 m (4,760 and 7,164 ft).

Family Geraniaceae: Geranium multiflorum (nohoanu)

    Maui units H, I, J, K, and L, identified in the legal descriptions 
in paragraph (a)(1)(i)(C) of this section, constitute critical habitat 
for Geranium multiflorum on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Wet or mesic Metrosideros polymorpha montane forest or alpine 
mesic forest, Styphelia tameiameiae shrubland, Sophora chrysophylla 
subalpine dry forest, open sedge swamps, fog-swept lava flows, or 
montane grasslands containing one or more of the following associated 
native plant species: Coprosma montana, Dryopteris glabra, Dryopteris 
wallichiana, Rubus hawaiiensis, Vaccinium sp., Metrosideros polymorpha, 
Hedyotis sp., Styphelia tameiameiae or Sadleria cyatheoides; and
    (2) Elevations between 1,499 and 2,710 m (4,918 and 8,890 ft).

Family Gesneriaceae: Cyrtandra munroi (haiwale)

    Maui A, B, and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Cyrtandra 
munroi on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Rich, moist to wet, moderately steep talus slopes in lowland 
wet Metrosideros polymorpha forest and containing one or more of the 
following associated native plant species: Diospyros sp., Strongylodon 
ruber, Hedyotis acuminata, Clermontia sp., Alyxia oliviformis, Bobea 
sp., Coprosma sp., Freycinetia arborea, Melicope sp., Myrsine sp., 
Perrottetia sandwicensis, Pipturus sp., Pittosporum sp., Pouteria 
sandwicensis, Psychotria sp., Sadleria sp., Scaevola sp., Xylosma sp., 
Sicyos sp., Zanthoxylum kauense, or other Cyrtandra spp.; and
    (2) Elevations between 390 and 1,108 m (1,280 and 3,635 ft).

Family Lamiaceae: Phyllostegia mannii (NCN)

    Maui L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Phyllostegia mannii on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Gentle slopes and the steep sides of gulches in mesic to wet 
forest dominated by Acacia koa and/or Metrosideros polymorpha and 
containing one or more of the following associated native plant 
species: Cheirodendron trigynum, Melicope spp., Alyxia oliviformis, 
Diplazium sandwichianum, Myrsine lessertiana, or Dicranopteris 
linearis; and
    (2) Elevations between 1,069 and 1,615 m (3,506 and 5,297 ft).

Family Lamiaceae: Phyllostegia mollis (NCN)

    Maui H, I, and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Phyllostegia mollis on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Steep slopes and gulches in mesic forest dominated by 
Metrosideros polymorpha and/or Acacia koa and containing one or more of 
the following

[[Page 15984]]

associated native plant species: Cheirodendron trigynum, Melicope spp., 
Diplazium sandwichianum, Myrsine lessertiana, or Alyxia oliviformis; 
and
    (2) Elevations between 1,144 and 1,970 m (3,754 and 6,463 ft).

Family Malvaceae: Hibiscus brackenridgei (mao hau hele)

    (1) Maui D and E, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Hibiscus 
brackenridgei on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (i) Lowland dry forest sometimes with Erythrina sandwicensis as the 
dominant tree containing one or more of the following associated native 
plant species: Myoporum sandwicense, Chenopodium sp., Achyranthes sp., 
Nototrichium sp., Diospyros sp., Chamaesyce celastroides var. 
lorifolia, Dodonaea viscosa, Psydrax odorata, Schiedea salicaria, 
Lipochaeta lavarum, annual Panicum spp., or Sida fallax; and
    (ii) Elevations between 43 and 610 m (141 and 2,001 ft).
    (2) Kahoolawe A, identified in the legal description in paragraph 
(a)(1)(I)(D) of this section, constitutes critical habitat for Hibiscus 
brackenridgei on Kahoolawe. Within this unit, the currently known 
primary constituent elements of critical habitat for Hibiscus 
brackenridgei on Kahaoolawe are the habitat components provided by:
    (i) Lowland dry forest sometimes with Erythrina sandwicensis as the 
dominant tree containing one or more of the following associated native 
plant species: Myoporum sandwicense, Chenopodium sp., Achyranthes sp., 
Nototrichium sp., Diospyros sp., Chamaesyce celastroides var. 
lorifolia, Dodonaea viscosa, Psydrax odorata, Schiedea salicaria, 
Lipochaeta lavarum, annual Panicum spp., or Sida fallax; and
    (ii) Elevations between 43 and 337 m (141 and 1,105 ft).

Family Orchidaceae: Platanthera holochila (NCN)

    Maui A, B, D, J, K, and L, identified in the legal descriptions in 
paragraph (a)(1)(i)(C) of this section, constitute critical habitat for 
Platanthera holochila on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Metrosideros polymorpha-Dicranopteris linearis montane wet 
forest or Metrosideros polymorpha mixed montane bog or mesic scrubby 
Metrosideros polymorpha forest containing one or more of the following 
associated native plant species: Cibotium sp., Coprosma ernodeoides, 
Oreobolus furcatus, Styphelia tameiameiae, Wikstroemia sp., Scaevola 
chamissoniana, Sadleria sp., Deschampsia nubigena, Metrosideros 
polymorpha, Luzula hawaiiensis, Sisyrinchium acre, Broussaisia arguta, 
Clermontia sp., Lycopodium cernuum, Dubautia scabra, Polypodium 
pellucidum, Morelotia gahniiformis, or Vaccinium reticulatum; and
    (2) Elevations between 536 and 2,314 m (1,759 and 7,592 ft).

Family Plantaginaceae: Plantago princeps (laukahi kuahiwi)

    Maui A, B, D, H, I, J, and K, identified in the legal descriptions 
in paragraph (a)(1)(i)(C) of this section, constitute critical habitat 
for Plantago princeps on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Basalt cliffs that are windblown with little vegetation in 
Metrosideros polymorpha lowland wet forest, or Acacia koa-Metrosideros 
polymorpha montane wet forest, or Metrosideros polymorpha montane wet 
shrubland and containing one or more of the following associated native 
plant species: Eragrostis variabilis, Hedyotis formosa, Dubautia 
plantaginea ssp. humilis, Pipturus albidus, Perrottetia sandwicensis, 
Touchardia latifolia, Dryopteris sp., various other ferns, Cyanea spp, 
and Melicope ovalis, Bidens micrantha ssp. kalealaha, Chamaesyce 
celastroides, Styphelia tameiameiae, or Dubautia menziesii and
    (2) Elevations between 281 and 2,539 m (922 and 8,329 ft).

Family Poaceae: Cenchrus agrimonioides (kamanomano (=sandbur, 
agrimony))

    Maui H and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Cenchrus 
agrimonioides on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Dry forest or Pleomele-Diospyros forest and containing one or 
more of the following associated native plant species: Dodonaea 
viscosa, Osteomeles anthyllidifolia, Alyxia oliviformis, Santalum 
ellipticum; and
    (2) Elevations between 471 and 1,091 m (1,544 and 3,579 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Maui G, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Ischaemum byrone on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Close proximity to the ocean, among rocks or on basalt cliffs 
in windward coastal dry shrubland and containing one or more of the 
following associated native plant species: Bidens sp., Fimbristylis 
cymosa, or Scaevola sericea; and
    (2) Elevations between 0 and 190 m (0 and 623 ft).

Family Primulaceae: Lysimachia lydgatei (NCN)

    Maui D, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Lysimachia lydgatei on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Sides of steep ridges in Metrosideros polymorpha-Dicranopteris 
linearis dominated wet to mesic shrubland or Metrosideros polymorpha-
Cheirodendron sp. montane forest and containing one or more of the 
following associated native plant species: Lycopodium sp., Ilex 
anomala, Dodonaea viscosa, Vaccinium sp., Eurya sp., Styphelia 
tameiameiae, Coprosma sp., Ochna sp., Astelia sp., Broussaisia arguta 
or mat ferns; and
    (2) Elevations between 829 and 1,432 m (2,720 and 4,698 ft).

Family Rhamnaceae: Colubrina oppositifolia (kauila)

    Maui A and H, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Colubrina 
oppositifolia on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Lowland dry and mesic forests dominated by Diospyros 
sandwicensis containing one or more of the following associated native 
plant species: Dodonaea viscosa, Canavalia sp., Wikstroemia sp., 
Psydrax odorata, Pleomele auwahiensis, Freycinetia arborea, 
Metrosideros polymorpha, Microlepia strigosa, Bidens micrantha spp. 
micrantha, or Reynoldsia sandwicensis; and
    (2) Elevations between 192 and 929 m (630 and 3,047 ft).

[[Page 15985]]

Family Rhamnaceae: Gouania vitifolia (NCN)

    Maui A and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Gouania 
vitifolia on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) The sides of ridges and gulches in dry to mesic forests and 
containing one or more of the following associated native plant 
species: Erythrina sandwicensis, Dodonea viscosa, Hibiscus arnottianus, 
Pipturus albidus, Urera glabra, Chamaesyce sp., Psychotria sp., 
Hedyotis sp., Melicope sp., Nestegis sandwicensis, Bidens sp., Carex 
meyenii, or Diospyros sandwicensis; and
    (2) Elevations between 155 and 1,326 m (509 and 4,350 ft).

Family Rubiaceae: Hedyotis coriacea (kioele)

    Maui D, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Hedyotis 
coriacea on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep, rocky, slopes in dry lowland Dodonaea viscosa dominated 
shrublands and containing one or more of the following associated 
native plant species: Sida fallax, Gouania hillebrandii, Bidens 
menziesii, Lipochaeta lavarum, Myoporum sandwicense, or Schiedea 
menziesii; and
    (2) Elevations between 110 and 937 m (361 and 3,074 ft).

Family Rubiaceae: Hedyotis mannii (pilo)

    Maui A and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Hedyotis 
mannii on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Basalt cliffs along stream banks in Metrosideros polymorpha-
Dicranopteris linearis montane wet forest and containing one or more of 
the following associated native plant species: Machaerina sp., Carex 
meyenii, Phyllostegia sp., Hedyotis acuminata, Cyrtandra platyphylla, 
Cyanea sp., Psychotria sp., Pipturus albidus, Boehmeria grandis, Urera 
glabra, Touchardia latifolia, Cyrtandra grayi, Cyrtandra hawaiensis, or 
Isachne distichophylla; and
    (2) Elevation between 340 and 1,593 m (1,115 and 5,226 ft).

Family Rutaceae: Melicope adscendens (alani)

    Maui H, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Melicope 
adscendens on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Aa lava with pockets of soil in Nestegis sandwicensis-Pleomele 
auwahiensis-Dodonaea viscosa lowland mesic forest or open dry forest 
and containing one or more of the following associated native plant 
species: Osteomeles anthyllidifolia, Alphitonia ponderosa, Chamaesyce 
celastroides var. lorifolia, Santalum ellipticum, Pouteria 
sandwicensis, Styphelia tameiameiae or Xylosma hawaiiensis; and
    (2) Elevations between 761 and 1,209 m (2,497 and 3,967 ft).

Family Rutaceae: Melicope balloui (alani)

    Maui K and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Melicope 
balloui on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Mesic to wet forest and containing one or more of the following 
associated native plant species: Acacia koa, Cibotium chamissoi, 
Cibotium glaucum, Diplazium sandwichianum, Melicope clusiifolia, 
Metrosideros polymorpha, or Sadleria pallida; and
    (2) Elevations between 781 and 1,596 m (2,561 and 5,235 ft).

Family Rutaceae: Melicope knudsenii (alani)

    Maui H, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Melicope 
knudsenii on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Forested flats or talus slopes in Nestegis-Pleomele mixed open 
dry forests and containing one or more of the following associated 
native plant species: Dodonaea viscosa, Osteomeles anthyllidifolia, 
Alphitonia ponderosa, Santalum ellipticum, or Xylosma hawaiiensis; and
    (2) Elevations between 648 and 1,331 m (2,125 and 4,367 ft).

Family Rutaceae: Melicope mucronulata (alani)

    Maui H, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Melicope 
mucronulata on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Gentle south-facing slopes in lowland dry to mesic forest and 
containing one or more of the following associated species: Pleomele 
auwahiensis, Dodonea viscosa, Nestegis sandwicensis, Pouteria 
sandwicensis, Antidesma pulvinatum, Streblus pendulinus, or Melicope 
hawaiensis; and
    (2) Elevations between 625 and 1,331 m (2,050 and 4,367 ft).

Family Rutaceae: Melicope ovalis (alani)

    Maui K, identified in the legal description in paragraph paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for Melicope 
ovalis on Maui. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Acacia koa and Metrosideros polymorpha-dominated montane wet 
forests along streams and containing one or more of the following 
associated species: Dicranopteris linearis, Machaerina angustifolia, 
Labordia hedyosmifolia, Wikstroemia oahuensis, Dubautia plantaginea, 
Hedyotis hillebrandii, Broussaisia arguta, Cheirodendron trigynum, or 
Perrottetia sandwicensis; and
    (2) Elevations between 753 and 1,537 m (2,469 and 5,042 ft).

Family Rutaceae: Zanthoxylum hawaiiense (ae)

    Maui H and L, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for 
Zanthoxylum hawaiiense on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Open lowland dry or mesic Nestegis sandwicensis-Pleomele 
auwahiensis forests or Acacia koa-Pleomele auwahiensis forest, or 
montane dry forest containing one or more of the following associated 
native species: Metrosideros polymorpha, Diospyros sandwicensis, 
Pisonia sp., Xylosma hawaiiensis, Santalum ellipticum, Alphitonia 
ponderosa, Osteomeles anthyllidifolia, Alectryon macrococcus, 
Charpentiera sp.,

[[Page 15986]]

Melicope sp., Dodonaea viscosa, Streblus pendulinus, Myrsine 
lanaiensis, or Sophora chrysophylla; and
    (2) Elevations between 882 and 1,540 m (2,894 and 5,051 ft).

Family Sapindaceae: Alectryon macrococcus (mahoe)

    Maui A, H, K, and L, identified in the legal descriptions in 
paragraph (a)(1)(i)(C) of this section, constitute critical habitat for 
Alectryon macrococcus on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Mesic to wetter mesic and upper dryland forest containing one 
or more of the following associated native plant species: Alphitonia 
ponderosa, Antidesma platyphylla, Antidesma pulvinatum, Bobea 
sandwicensis, Diospyros sandwicensis, Dodonaea viscosa, Nestegis 
sandwicensis, Osteomeles anthyllidifolia, Pittosporum confertiflorum, 
Pittosporum glabrum, Pouteria sandwicensis, Santalum ellipticum, 
Streblus pendulinus, Xylosma spp., and Xylosma hawaiiensis; and
    (2) Elevations between 333 and 3,562 m (1,092 and 3,337 ft).

Family Urticaceae: Neraudia sericea (NCN)

    Maui D and H, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Neraudia 
sericea on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Dry to mesic Metrosideros polymorpha-Dodonaea viscosa-Styphelia 
tameiameiae shrubland or forest or Acacia koa forest containing one or 
more of the following associated native plant species: Urera glabra, 
Cyrtandra oxybapha, Cyrtandra spp., Sida fallax, Diospyros sp., Bobea 
sp., Coprosma sp., or Hedyotis sp.; and
    (2) Elevations between 198 and 1,658 m (650 and 5,439 ft).

Family Violaceae: Isodendrion pyrifolium (aupaka)

    Maui D, identified in the legal description in paragraph 
(a)(1)(i)(C) of this section, constitutes critical habitat for 
Isodendrion pyrifolium on Maui. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Dry shrubland containing one or more of the following 
associated native plant taxa: Psydrax odorata, Capparis sandwichiana, 
Dodonaea viscosa, or Myoporum sandwicene; and
    (2) Elevations between 54 and 557 m (177 and 1,827 ft).
    (B) Ferns and Allies.

Family Adiantaceae: Pteris lidgatei (NCN)

    Maui A, B, and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Pteris 
lidgatei on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep stream banks in wet Metrosideros polymorpha-Dicranopteris 
linearis montane forest and containing one or more of the following 
native plant species: Cibotium chamissoi, Dicranopteris linearis, 
Elaphoglossum crassifolium, Sadleria squarrosa, Thelypteris 
cyatheoides, or Sphenomeris chusana; and
    (2) Elevations between 201 and 1,717 m (659 and 5,633 ft).

Family Aspleniaceae: Asplenium fragile var. insulare (NCN)

    Maui H, I, J, and L, identified in the legal descriptions in 
paragraph (a)(1)(i)(C) of this section, constitute critical habitat for 
Asplenium fragile var. insulare on Maui. Within these units, the 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Streamside hollows and grottos in gulches that occur in mesic 
to dry subalpine shrubland dominated by Styphelia tameiameiae and 
Sadleria cyatheoides, with scattered Metrosideros polymorpha and 
containing one or more of the following native plant species: Pteris 
cretica, Grammitis hookeri, or Dryopteris wallichiana; and
    (2) Elevations between 1,682 and 2,407 m (5,518 and 7,896 ft).

Family Aspleniaceae: Ctenitis squamigera (pauoa)

    Maui A, B, and D, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Ctenitis 
squamigera on Maui. Within these units, the primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Forest understory in Metrosideros polymorpha montane wet 
forest, mesic forest, or diverse mesic forest and containing one or 
more of the following native plant species: Alyxia oliviformis, 
Freycinetia arborea, Coprosma sp., Pleomele sp., Sadleria sp., Doodia 
sp., Pittosporum sp., Dryopteris sp., Bobea sp., Antidesma sp., 
Peperomia sp., Dicranopteris linearis, Schiedea pubescens var. 
pubescens, Hibiscus kokio ssp. kokio, Hedyotis terminalis, Pritchardia 
sp., Remya mauiensis, Canavalia sp. Myrsine sp., Psychotria sp., or 
Xylosma sp.; and
    (2) Elevations between 74 and 1,593 m (243 and 5,226 ft).

Family Aspleniaceae: Diellia erecta (NCN)

    Maui D, H, and I, identified in the legal descriptions in paragraph 
(a)(1)(i)(C) of this section, constitute critical habitat for Diellia 
erecta on Maui. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Steep slopes or gulch sides in deep shade in Acacia koa-
Metrosideros polymorpha low- to mid-elevation mesic forest and 
containing one or more of the following associated native plant 
species: Styphelia tameiameiae, Melicope sp., Coprosma sp., Dodonaea 
viscosa, Dryopteris unidentata, Myrsine sp., Psychotria sp. or 
Osteomeles anthyllidifolia; and
    (2) Elevations between 338 and 1,744 m (1,109 and 5,722 ft).

Family Aspleniaceae: Diplazium molokaiense (NCN)

    Maui B, D, H, I, and L, identified in the legal descriptions in 
paragraph (a)(1)(i)(C) of this section, constitute critical habitat for 
Diplazium molokaiense on Maui. Within these units, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Water courses often in proximity to waterfalls in lowland or 
montane mesic Metrosideros polymorpha-Acacia koa forest; and
    (2) Elevations between 273 and 1,917 m (896 and 6,289 ft).

Family Lycopodiaceae: Phlegmariurus mannii (wawaeiole)

    Maui A, B, D, H, I, K, and L, identified in the legal descriptions 
in paragraph (a)(1)(i)(C) of this section, constitute critical habitat 
for Phlegmariurus mannii on Maui. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) An epiphyte on Metrosideros polymorpha, Dodonaea viscosa, and 
Acacia koa trees in moist protected gulches or mossy tussocks in mesic 
to wet montane Metrosideros polymorpha-Acacia koa forests or wet 
montane Metrosideros polymorpha-Acacia koa forests and containing one 
or more of the following associated native plant

[[Page 15987]]

species: Thelypteris sp., Athyrium sp., Styphelia tameiameiae, Cyanea 
sp., Machaerina sp., Cyrtandra sp., Sadleria sp., Vaccinium sp., 
Astelia menziesii, Coprosma sp., Cheirodendron trigynum, Ilex anomala, 
or Myrsine sp.; and
    (2) Elevations from 446 and 1,688 m (1,464 and 5,539 ft).

    Dated: March 15, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-6915 Filed 4-2-02; 8:45 am]
BILLING CODE 4310-55-P