[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16492-16579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7143]



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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 Island of Molokai, Hawaii; Proposed Rule

  Federal Register / Vol. 67, No. 66 / Friday, April 5, 2002 / Proposed 
Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH08


Endangered and Threatened Wildlife and Plants; Revised 
Determinations of Prudency and Proposed Designations of Critical 
Habitat for Plant Species From the Island of Molokai, 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 46 of the 51 listed plant species known 
historically from the island of Molokai that are listed under the 
Endangered Species Act of 1973, as amended. Critical habitat is not 
proposed for 4 species as they no longer occur on the island of 
Molokai, and we are unable to identify any habitat essential to their 
conservation on the island of Molokai. Critical habitat is not proposed 
for one species of loulu palm, Pritchardia munroi, for which we 
determined, in a previous proposal, that critical habitat designation 
is not prudent because it would likely increase the threats from 
vandalism or collection of this species on Molokai.
    We propose critical habitat designations for 46 species within 10 
critical habitat units totaling approximately 17,614 hectares (ha) 
(43,532 acres (ac)) on the island of Molokai.
    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 4, 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 any one of several methods:
    You may submit written comments and information to the Field 
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.
    You may hand-deliver written comments to our Pacific Islands Office 
at the address given above.
    You may view comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, by 
appointment, during normal business hours at the above address.

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 51 plant species that, at the time of listing, were reported 
from the island of Molokai (Table 1). Sixteen of these species are 
endemic to the island of Molokai, while 35 species are reported from 
one or more other islands, as well as Molokai.

                                           Table 1.--Summary of Island Distribution of 51 Species From Molokai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Island Distribution
                                                       -------------------------------------------------------------------------------------------------
                 Species (Common Name)                                                                                                       N.W. Isles,
                                                            Kauai         Oahu         Molokai        Lanai         Maui         Hawaii       Kahoolawe
                                                                                                                                               Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adenophorus periens (pendant kihi fern)...............             C            H              C            R             R              C
Alectryon macrococcus (mahoe).........................             C             C             C                           C
Bidens wiebkei (ko oko olau)..........................                                         C
Bonamia menziesii (No common name)....................             C             C            H              C             C             C
Brighamia rockii (pua ala)............................                                         C            H             H
Canavalia molokaiensis (awikiwiki)....................                                         C
Centaurium sebaeoides (awiwi).........................             C             C             C             C             C
Clermontia oblongifolia ssp. brevipes (oha wai).......                                         C
Ctenitis squamigera (pauoa)...........................            H              C             C             C             C            H
Cyanea dunbarii (haha)................................                                         C
Cyanea grimesiana ssp. grimesiana (haha)..............                           C             C             C             C
Cyanea mannii (haha)..................................                                         C
Cyanea procera (haha).................................                                         C
Cyperus trachysanthos (pu uka a)......................             C             C            H             H                                      Ni (C)
Diellia erecta (Asplenium-leaved Diellia).............             C             C             C            H              C             C
Diplazium molokaiense (No common name)................            H             H             H             H              C
Eugenia koolauensis (nioi)............................                           C            H
Flueggea neowawraea (mehamehame)......................             C             C            H                            C             C
Hedyotis mannii (pilo)................................                                         C             C             C
Hesperomannia arborescens (No common name)............                           C             C            H              C
Hibiscus arnottianus ssp. immaculatus (kokio ke okeo).                                         C
Hibiscus brackenridgei (mao hau hele).................            H              C            H              C             C             C       Ka (R)

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Ischaemum byrone (Hilo ischaemum).....................            R                            C                           C             C
Isodendrion pyrifolium (wahine noho kula).............            H             H             H             H             H              C       Ni (H)
Labordia triflora (kamakahala)........................                                         C
Lysimachia maxima (No common name)....................                                         C
Mariscus fauriei (No common name).....................                                         C            H                            C
Marsilea villosa (ihi ihi)............................                           C             C                                                 Ni (H)
Melicope mucronulata (alani)..........................                                         C                           C
Melicope munroi (alani)...............................                                        H              C
Melicope reflexa (alani)..............................                                         C
Neraudia sericea (No common name).....................                                         C            H              C                     Ka (H)
Peucedanum sandwicense (makou)........................             C             C             C                           C
Phyllostegia mannii (No common name)..................                                         C                          H
Phyllostegia mollis (No common name)..................                           C            H                            C
Plantago princeps (laukahi kuahiwi)...................             C             C             C                           C            H
Platanthera holochila (No common name)................             C            H              C                           C
Pritchardia munroi (loulu)............................                                         C
Pteris lidgatei (No common name)......................                           C            H                            C
Schiedea lydgatei (No common name)....................                                         C
Schiedea nuttallii (No common name)...................             C             C             C                          R
Schiedea sarmentosa (No common name)..................                                         C
Sesbania tomentosa (ohai).............................             C             C             C            H              C             C   Ni (H), Ka
                                                                                                                                                      (C), NW
                                                                                                                                                Isles (C)
Silene alexandri (No common name).....................                                        H
Silene lanceolata (No common name)....................            H              C             C            H                            C
Solanum incompletum (popolo ku mai)...................            H                           H             H             H              C
Spermolepis hawaiiensis (No common name)..............             C             C             C             C             C             C
Stenogyne bifida (No common name).....................                                         C
Tetramolopium rockii (No common name).................                                         C
Vigna o-wahuensis (No common name)....................                          H              C             C             C             C   Ni (H), Ka
                                                                                                                                                      (C)
Zanthoxylum hawaiiense (a e)..........................             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.

    In previously published proposals we determined that critical 
habitat was prudent for 47 (Adenophorus periens, Alectryon macrococcus, 
Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, Centaurium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, 
Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, 
Cyanea procera, Diellia erecta, Diplazium molokaiense, Flueggea 
neowawraea, Hedyotis mannii, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone, 
Labordia triflora, Lysimachia maxima, Mariscus fauriei, Marsilea 
villosa, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Phyllostegia mollis, 
Plantago princeps, Platanthera holochila, Pteris lidgatei, Schiedea 
lydgatei, Schiedea nuttallii, Schiedea sarmentosa, Sesbania tomentosa, 
Silene alexandri, Silene lanceolata, Spermolepis hawaiiensis, Stenogyne 
bifida, Tetramolopium rockii, Vigna o-wahuensis, and Zanthoxylum 
hawaiiense) of the 51 species reported from Molokai. No change is made 
to the 47 prudency determinations in this revised proposal and they are 
hereby incorporated into this proposal (or reproposal) (65 FR 66808, 65 
FR 79192, 65 FR 82086, 65 FR 83158, 67 FR 3940, 67 FR 9806). In 
addition, at the time we listed Labordia triflora and Melicope munroi 
we determined that the designation of critical habitat was prudent for 
these two taxa from Molokai (64 FR 48307).
    In the December 29, 2000, proposal we determined that the 
designation of critical habitat was not prudent for Pritchardia munroi 
because it would likely increase the threats from vandalism or 
collection of this species on Molokai, and we did not propose critical 
habitat for this species. No change is made to that determination here.
    In this proposal, we determine that designation of critical habitat 
is prudent for Eugenia koolauensis, a species for which a prudency 
determination has not been made previously.
    In the December 29, 2000, proposal we proposed designation of 
critical habitat for 32 (Adenophorus periens, Alectryon macrococcus, 
Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, Centaurium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, 
Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, 
Cyanea procera, Diellia

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erecta, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Ischaemum byrone, Labordia triflora, Mariscus fauriei, 
Marsilea villosa, Melicope mucronulata, Melicope reflexa, Neraudia 
sericea, Peucedanum sandwicense, Schiedea lydgatei, Schiedea 
sarmentosa, Sesbania tomentosa, Silene alexandri, Silene lanceolata, 
Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium rockii, Vigna 
o-wahuensis, and Zanthoxylum hawaiiense) of the 51 plants reported from 
Molokai. Critical habitat was not proposed for Pritchardia munroi for 
the reasons given above. Critical habitat was not proposed for 11 
species (Bonamia menziesii, Cyperus trachysanthos, Diplazium 
molokaiense, Eugenia koolauensis, Flueggea neowawraea, Hibiscus 
brackenridgei, Isodendrion pyrifolium, Melicope munroi, Phyllostegia 
mollis, Pteris lidgatei, and Solanum incompletum) that no longer occur 
on Molokai and for which we were unable to identify any habitat that is 
essential to their conservation on the island. Critical habitat was not 
proposed for seven species (Adenophorus periens, Hedyotis manni, 
Lysimachia maxima, Phyllostegia mannii, Plantago princeps, Platanthera 
holochila, and Schiedea nuttallii) found only in areas that did not 
require special management or protection because the areas were already 
protected and managed to the benefit of the seven species.
    In this proposal, we propose designation of critical habitat for 46 
of the 51 species reported from Molokai: Adenophorus periens, Alectryon 
macrococcus, Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, 
Centaurium sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis 
squamigera, Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea 
mannii, Cyanea procera, Diellia erecta, Diplazium molokaiense, Eugenia 
koolauensis, Flueggea neowawraea, Hedyotis mannii, Hesperomannia 
arborescens, Hibiscus arnottianus ssp. immaculatus, Hibiscus 
brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Marsilea villosa, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Phyllostegia mollis, Plantago 
princeps, Platanthera holochila, Pteris lidgatei, Schiedea lydgatei, 
Schiedea nuttallii, Schiedea sarmentosa, Sesbania tomentosa, Silene 
alexandri, Silene lanceolata, Spermolepis hawaiiensis, Stenogyne 
bifida, Tetramolopium rockii, Vigna o-wahuensis, and Zanthoxylum 
hawaiiense, based on new information and information received during 
the comment periods on the December 29, 2000, proposal. Critical 
habitat is not proposed for 4 (Bonamia menziesii, Cyperus 
trachysanthos, Melicope munroi, and Solanum incompletum) of the 51 
species on the island of Molokai because these plants no longer occur 
on the island of Molokai and we are unable to identify habitat 
essential to their conservation on this island. However, proposed 
critical habitat designations, or non-designations, for these species 
will be included in other future Hawaiian plants proposed critical 
habitat rules (Table 2).
    We propose critical habitat designations for 46 species within 10 
critical habitat units totaling approximately 17,614 ha (43,532 ac) on 
the island of Molokai. Areas proposed as critical habitat are occupied 
by at least one species and some areas include some unoccupied habitat 
for one or more species.

The Island of Molokai

    The island of Molokai, the fifth largest in the Hawaiian Islands 
chain, is approximately 61 kilometers (km) (38 miles (mi)) long, up to 
17 km (10 mi) wide, and encompasses an area of about 688 square (sq) km 
(266 sq mi) (57 FR 46325). Three shield volcanoes make up most of the 
land mass of Molokai: West Molokai Mountain, East Molokai Mountain, and 
a volcano that formed Kalaupapa Peninsula (57 FR 46325).

 Table 2.--List of Proposed Rules in Which Critical Habitat Designations
   Will Be Made for Four Species for Which We Are Unable To Determine
   Habitat Which Is Essential for Their Conservation on the Island of
                                 Molokai
------------------------------------------------------------------------
                                                       Proposed rules in
                                                        which critical
                                   Proposed rule in         habitat
             Species                which prudency     designations have
                                  will be determined    been or will be
                                                           proposed
------------------------------------------------------------------------
Bonamia menziesii...............  Kauai and Niihau    Kauai and Niihau
                                   (65 FR 66808).      (65 FR 66808),
                                                       (67 FR 3940);
                                                       Maui and
                                                       Kahoolawe (65 FR
                                                       79192), (see also
                                                       Federal Register
                                                       of April 3,
                                                       2002); Lanai (65
                                                       FR 82086), (67 FR
                                                       9806); Hawaii (to
                                                       be published in
                                                       the Federal
                                                       Register in May
                                                       2002); Oahu (to
                                                       be published in
                                                       the Federal
                                                       Register in May
                                                       2002).
Cyperus trachysanthos...........  Kauai and Niihau    Kauai and Niihau
                                   (65 FR 66808).      (65 FR 66808),
                                                       (67 FR 3940);
                                                       Lanai (65 FR
                                                       82086), (67 FR
                                                       9806); Oahu (to
                                                       be published in
                                                       the Federal
                                                       Register in May
                                                       2002).
Melicope munroi.................  10 Mau Nui Plants   Lanai (65 FR
                                   (64 FR 48307).      82086), (67 FR
                                                       9806).
Solanum incompletum.............  Kauai and Niihau    Kauai and Niihau
                                   (67 FR 3940).       (67 FR 3940);
                                                       Hawaii (to be
                                                       published in the
                                                       Federal Register
                                                       in May 2002).
------------------------------------------------------------------------

    The taller and larger East Molokai Mountain rises 1,813 meters (m) 
(4,970 feet (ft)) above sea level and comprises roughly 50 percent of 
the island's area (57 FR 46325). Topographically, the windward (north) 
side of East Molokai differs from the leeward (south) side. Precipitous 
cliffs line the windward coast and deep valleys dissect the coastal 
area. The annual rainfall on the windward side is 200 to over 375 
centimeters (cm) (75 to over 150 inches (in)), distributed throughout 
the year. The soils are poorly drained and high in organic matter. The 
gulches and valleys are usually very steep, but sometimes gently 
sloping (57 FR 46325). Much of the native vegetation on the windward 
East Molokai is intact because of its relative inaccessibility to 
humans and animals, although destructive ungulates have begun to enter 
the area in recent years (57 FR 46325).

Discussion of Plant Taxa

Species Endemic to Molokai

Bidens wiebkei (kookoolau)

    Bidens wiebkei, a member of the aster family (Asteraceae), is a 
short-lived perennial herb which is somewhat woody at the base and 
grows from 0.5 to 1 m (1.6 to 3.3 ft) tall with opposite,

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pinnately compound leaves. This plant is distinguished from other 
Bidens species that grow on Molokai by its erect habit and the curved 
or twisted, winged achenes (57 FR 46325; Ganders and Nagata 1999).
    This species was observed in flower during May. No additional life 
history information is currently available (Hawaii Natural Heritage 
Program (HINHP) database 2000; United States Fish and Wildlife Service 
(Service 1996a).
    Historically, Bidens wiebkei was known from Pelekunu and the 
easternmost section of Molokai at Halawa. It is found currently in 
Halawaiki Gulch, Lamaloa Gulch, and below Puu Kolekole on private 
lands. There are a total of three populations containing more than 200 
individuals (Geographic Decision Systems International (GDSI) 2000; 
HINHP Database 2000).
    The currently known populations of Bidens wiebkei are scattered 
along slopes in Metrosideros polymorpha (ohia) dominated mesic 
shrublands or dry or mesic Metrosideros polymorpha-Styphelia 
tameiameiae (pukiawe) lowland shrubland between 8 and 1,205 m (26 and 
3,952 ft) in elevation. Other associated plant species include 
Antidesma platyphyllum (hame), Dodonaea viscosa (aalii), Psydrax 
odorata (alahee), Lysimachia sp. (kolokolo kuahiwi), Nestegis 
sandwicensis (olopua), Phyllanthus distichus (pamakani-mahu), Pisonia 
sp. (papala kepau), or Scaevola gaudichaudii (naupaka kuahiwi) (Gagne 
and Cuddihy 1999; HINHP Database 2000; Ganders and Nagata 1999).
    The major threats to Bidens wiebkei on Molokai, include habitat 
degradation and possible predation by axis deer (Axis axis) and feral 
goats (Capra hircus); competition with non-native plants, such as 
Melinus minutiflora (molasses grass) and Schinus terebinthifolius 
(Christmas berry); fire; and damage by humans of those plants found 
along trails (HINHP Database 2000; 57 FR 46325).

Canavalia molokaiensis (awikiwiki)

    Canavalia molokaiensis, a member of the legume family (Fabaceae), 
is a short-lived perennial climbing herb with twining branches with 
leaves made up of three lance-shaped or sometimes oval leaflets. The 
only species of this genus found on Molokai, this plant can be 
distinguished from others in the genus by its more narrow leaflets and 
its larger, rose-purple flowers (57 FR 46325; Wagner and Herbst 1999).
    This species has been observed in flower during May and December. 
Fruits and flowers were observed in March. No additional life history 
information is currently available (Service 1996a; HINHP Database 
2000).
    Historically, Canavalia molokaiensis was known from East Molokai at 
Kalaupapa, Pelekunu, and farther south in Kahuaawi Gulch, and the 
region of Manawai. It now has a more restricted range, from Kalaupapa 
to Waialeia, Kaunakakai, Pelekunu, and Kamakou. There are a total of 
five populations containing more than 50 plants on State lands, 
including lands managed by the National Park Service at Kalaupapa 
National Historical Park, and privately owned lands (GDSI 2000; HINHP 
Database 2000).
    Canavalia molokaiensis typically grows in exposed sites, both dry 
and mesic, on steep slopes in Metrosideros polymorpha-Dodonaea viscosa 
lowland shrubland and mesic shrublands between 271 and 1,140 m (889 and 
3,739 ft) in elevation. Associated plant species include Artemisia sp. 
(hinahina), Chamaesyce sp. (akoko), Coprosma sp. (pilo), Styphelia 
tameiameiae, or Wikstroemia sp. (akia) (HINHP Database 2000).
    The threats to this species on Molokai include habitat degradation 
by feral ungulates, such as feral goats and pigs (Sus scrofa), possible 
predation by feral goats, and competition with non-native plants, such 
as Melinis minutiflora (Service 1996a).

Clermontia oblongifolia ssp. brevipes (oha wai)

    Clermontia oblongifolia ssp. brevipes, a member of the bellflower 
family (Campanulaceae), is a short-lived perennial shrub or tree that 
reaches a height of 2 to 7 m (6.6 to 23 ft). This species is 
distinguished from others in the genus by the structure of its calyx 
and corolla as well as by the lengths of the flower, the floral lobes, 
and the green hypanthium (an enlargement of the floral receptacle 
bearing on its rim the reproductive organs and often enlarging and 
surrounding the fruits). This subspecies differs from others of the 
species by the shape and length of its leaves, leaf stalks, and flower 
stalks (Lammers 1988, 1999).
    No life history information for this species is currently available 
(Service 1996a).
    Clermontia oblongifolia ssp. brevipes is known from three 
populations of five individuals on the privately owned land of the 
Nature Conservancy of Hawaii's (TNCH) Kamakou Preserve. The historical 
range of this subspecies is not known (HINHP Database 2000; Service 
1996a; Joel Lau, Hawaii Natural Heritage Program (HINHP), in litt. 
2000).
    Clermontia oblongifolia ssp. brevipes occurs in shallow soil on 
gulch slopes in the wet Metrosideros polymorpha-dominated forests 
between 776 and 1,508 m (2,545 and 4,946 ft) in elevation. Associated 
plant species include Cheirodendron trigynum (olapa), Cibotium spp. 
(hapuu), Broussaisia argutus (kanawao), Hedyotis terminalis (manono), 
or Melicope sp. (alani) (HINHP Database 2000; Joel Lau, HINHP, in litt. 
2000).
    The threats to this species on Molokai are habitat degradation by 
feral pigs; possible predation on the fruit or plant parts by rats 
(Rattus rattus), as evidence on related species suggests; and random 
naturally occurring events that may cause the extinction of the entire 
taxon due to its single population and very low number of individuals 
(Service 1996a; 57 FR 46325).

Cyanea dunbarii (haha)

    Cyanea dunbarii, a member of the bellflower family (Campanulaceae), 
is a short-lived perennial, branched shrub 1.5 to 2 m (4.9 to 6.6 ft) 
tall with oval to broadly elliptic leaves that have irregularly lobed 
or cleft margins. This species is distinguished from others in this 
endemic Hawaiian genus by the lack of prickles on the stems and the 
irregularly lobed and cleft leaf margins (Lammers 1999).
    Cyanea dunbarii was observed in flower, with immature fruit, in 
September. No additional life history information is currently 
available (HINHP Database 2000; Service 1998a).
    Cyanea dunbarii was collected in 1918 at Waihanau and Waialae 
Valleys, and was not observed again until 1992, when Joel Lau of the 
Hawaii Natural Heritage Program found it in Mokomoko Gulch on State-
owned land within Molokai Forest Reserve. Currently, it is known from a 
single population of approximately 30 mature plants at an elevation of 
671 m (2,200 ft) (GDSI 2000; HINHP Database 2000; 61 FR 53130; Ken 
Wood, National Tropical Botanical Garden (NTBG), in litt. 2000).
    Cyanea dunbarii occurs on a streambank in a mesic to wet 
Dicranopteris linearis (uluhe)-Metrosideros polymorpha lowland forest 
on moderate to steep slopes between 191 and 1,248 m (626 and 4093 ft) 
in elevation. Associated species include Diplazium sandwichianum 
(hoio), Charpentiera obovata (papala), Perrottetia sandwicensis 
(olomea), Pipturus albidus (mamaki), Clermontia kakeana (ohawai), 
Cheirodendron trigynum, and Freycinetia arborea (ieie) (Service 1998a; 
HINHP Database 2000).
    The major threats to this single population of Cyanea dunbarii on

[[Page 16496]]

Molokai are competition with the non-native plants Buddleia asiatica 
(butterfly bush), Erigeron karvinskianus (daisy fleabane), Rubus 
rosifolius (thimbleberry), Commelina diffusa (honohono), Hedychium 
gardnerianum (ginger), or Kalanchoe pinnata (air plant); and 
catastrophic extinction by naturally occurring events such as 
landslides or flooding, and/or reduced reproductive vigor due to the 
small number of individuals in the only known population. In addition, 
predation by rats is a potential threat since rats are known to be in 
the area and are known to eat stems and fruits of other species of 
Cyanea; habitat degradation and predation by axis deer and pigs are 
other potential threats to this species, because both of these species 
are known to occur in areas adjacent to the only known population 
(Service 1998a; Cuddihy and Stone 1990).

Cyanea mannii (haha)

    Cyanea mannii, a member of the bellflower family (Campanulaceae), 
is a branched short-lived perennial shrub 1.5 to 3 m (5 to 10 ft) tall 
with narrowly elliptic or lance-shaped leaves. This species is 
distinguished from the seven other species of the genus on Molokai by a 
combination of the following characters: a branched, woody habit; 
leaves with small, hardened, marginal teeth; and a purplish corolla 
(Lammers 1999; 57 FR 46325).
    Cyanea mannii has been observed in flower during July. No 
additional life history information is currently available (Service 
1996a; HINHP Database 2000).
    Historically, Cyanea mannii was known only from Kalae on East 
Molokai. In 1984, a single plant was discovered by Joan Aidem on 
privately owned land west of Puu Kolekole on East Molokai. Since then, 
four additional populations have been discovered in the east and west 
forks of Kawela Gulch on the privately owned land of TNCH's Kamakou 
Preserve on East Molokai and within the State's Molokai Forest Reserve. 
These five populations contain approximately 200 individuals on State 
and privately owned lands (GDSI 2000; HINHP Database 2000; Ken Wood, 
National Tropical Botanic Garden (NTBG), in litt. 2000; Lammers 1999; 
Service 1996a).
    This species typically grows on the sides of deep gulches in 
Metrosideros polymorpha-dominated montane mesic forests between 191 and 
1,248 m (626 and 4,093 ft) in elevation. Associated plant species 
include Wiskstroemia sp., Dicranopteris linearis, or Vaccinium sp. 
(ohelo) (Service 1996a; HINHP Database 2000; Lammers 1999).
    Threats to Cyanea mannii on Molokai are habitat degradation by 
feral pigs; predation by rats, which may feed on the fruit or other 
parts of the plant, as suggested by evidence from related species; 
catastrophic extinction through naturally occurring events due to its 
few populations and small number of individuals (Service 1996a).

Cyanea procera (haha)

    Cyanea procera, a member of the bellflower family (Campanulaceae), 
is a palm-like short-lived perennial tree 3 to 9 m (10 to 30 ft) tall 
with stalkless, lance-shaped leaves 60 to 75 cm (24 to 30 in) long and 
10 to 17 cm (3.9 to 6.7 in) wide with tiny hardened teeth along the 
margins. This species can be distinguished from other species of the 
genus by its growth habit, its sessile leaves, and the single-lipped 
appearance of the corolla (Lammers 1999; 57 FR 46325).
    No life history information is currently available for this species 
(Service 1996a).
    Historically, Cyanea procera was known only from an unspecified 
site in the Kamalo region of East Molokai. Currently, this species is 
found on the privately owned lands of Kamakou Preserve and the State's 
Puu Alii Natural Area Reserve (NAR) in a total of two populations 
containing at least 10 individuals (GDSI 2000; HINHP Database 2000).
    Cyanea procera is found on the walls of steep gulches in wet 
Metrosideros polymorpha-dominated lowland mixed forests between 277 and 
1,248 m (909 and 4,093 ft) in elevation. Associated plant species 
include various species of Asplenium sp. (NCN), Brousaissia arguta, 
Coprosma ochracea (pilo), Cyanea spp. (haha), Cyrtandra macrocalyx 
(haiwale), Dicranopteris linearis, Pipturus albidus, Pisonia spp., 
Scaevola procera (naupaka kuahiwi), or Touchardia latifolia (olona) 
(Service 1996a; HINHP Database 2000).
    Threats to Cyanea procera on Molokai are predation by rats (as 
suggested by evidence on related species) and feral goats; habitat 
degradation by feral goats and pigs; habitat destruction through 
erosion; and catastrophic extinction from naturally occurring events 
due to the vulnerability of a few populations with a small number of 
individuals (57 FR 46325).

Hibiscus arnottianus ssp. immaculatus (kokio keokeo)

    Hibiscus arnottianus ssp. immaculatus, a member of the hibiscus 
family (Malvaceae), is a long-lived perennial tree up to 3m (10 ft) 
tall with alternate, oval, toothed leaves measuring 5 to 7 cm (2 to 2.8 
in) long and 4 to 6.5 cm (1.6 to 2.6 in) wide. This subspecies is 
distinguished from other native Hawaiian members of the genus by its 
white petals and white staminal column (Bates 1999; 57 FR 46325).
    This taxon was observed in flower during July. Currently, no 
additional life history information is available for this species 
(Service 1996a; HINHP Database 2000).
    Hibiscus arnottianus ssp. immaculatus once ranged from Waihanau 
Valley east to Papalaua Valley on East Molokai. Currently this taxon is 
found west of Papalaua Valley on privately owned land and in the 
State's Olokui NAR above Waiehu. There are a total of two populations 
containing between 20 and 30 individuals (HINHP Database 2000; GDSI 
2000).
    Hibiscus arnottianus ssp. immaculatus individuals are scattered 
along steep sea cliffs in mesic forests between 8 and 1,014 m (26 and 
3,326 ft) in elevation. Associated native plant species include 
Athyrium spp. (akolea), Psydrax odorata, Cyanea grimesiana (haha), 
Antidesma platyphyllum, Boehmeria grandis (akolea), Diospyros 
sandwicensis (lama), Pipturus spp. (mamaki), Urera glabra (opuhe), or 
Metrosideros polymorpha (HINHP Database 2000; Bates 1999).
    The major threats to Hibiscus arnottianus spp. immaculatus on 
Molokai are habitat destruction by feral goats and catastrophic 
extinction by naturally occurring events due to the vulnerability of 
the two remaining populations and few individuals (Service 1996a).

Labordia triflora (kamakahala)

    Labordia triflora, a short-lived perennial member of the logan 
family (Loganiaceae), is similar to Labordia tinifolia var. lanaiensis, 
except in the following characteristics: the stems of L. triflora are 
climbing; the leaf stalks are only 1 to 3 millimeters (mm) (0.04 to 0.1 
in.) long; inflorescence stalks are 40 to 50 mm (1.6 to 2 in.) long; 
and, each flower stalk is 10 to 25 mm (0.4 to 1 in.) long (Motley 
1995).
    The flowers of this species are functionally unisexual. No 
additional life history information is available at this time (Motley 
1995; HINHP Database 2000).
    Until 1990, Labordia triflora was known only from the type 
collection at Mapulehu on the island of Molokai and was believed to be 
extinct. In 1990, Joel Lau rediscovered the species in Kua Gulch on 
Molokai. Currently, only 10

[[Page 16497]]

individuals are known from one population on privately owned land (GDSI 
2000; HINHP Database 2000; Motley 1995).
    This species occurs on gulch slopes in mixed mesic Metrosideros 
polymorpha forest, between 191 and 1,143 m (626 and 3,749 ft) in 
elevation. Associated species include Pouteria sandwicensis (alaa), 
Sadleria cyatheoides (amau), Nephrolepis exaltata (sword fern), 
Coprosma sp., Myrsine lessertiana (kolea lau nui), or Tetraplasandra 
hawaiensis (ohe ohe) (Motley 1995; J. Lau, in litt. 2001).
    The threats to Labordia triflora include habitat degradation and 
destruction by feral pigs and goats; predation by rats that eat seeds; 
competition with the non-native plant species Schinus terebinthifolius; 
and catastrophic extinction through environmental events and reduced 
reproductive vigor due to the species' few populations and small number 
of individuals (64 FR 48307; Motley 1995)).

Lysimachia maxima (no common name (NCN))

    Lysimachia maxima, a member of the primrose family (Primulaceae), 
is a sprawling short-lived perennial shrub with reddish brown bark. 
This species is differentiated from others in this genus by the leaves 
borne in groups of three, the broadest portion of the leaf above the 
middle, and rusty hairs that disappear with maturity (Wagner et al. 
1999).
    Flowers, buds, and immature fruit of Lysimachia maxima have been 
observed in late May through July. No other life history information is 
available for this species (61 FR 53130; Service 1998a).
    Lysimachia maxima is only known from two populations containing 
between 45 and 50 individuals on the rim of Pelekunu Valley near 
Ohialele, on the privately owned land of TNCH's Pelekunu Preserve (GDSI 
2000; HINHP Database 2000).
    This species occurs in Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest between 446 and 1,324 m (1,463 and 4,343 
ft) in elevation. Associated species include Psychotria sp. (kopiko), 
Vaccinium sp., Hedyotis sp. (NCN), Dubautia sp. (naenae), or Ilex 
anomala (kawau) (HINHP Database 2000).
    The major threats to Lysimachia maxima are catastrophic extinction 
from random environmental events (e.g., landslides); reduced 
reproductive vigor due to the small number of individuals in the only 
known population; and habitat degradation and/or predation by feral 
pigs and goats that are known from adjacent areas (Service 1998a).

Melicope reflexa (alani)

    Melicope reflexa, a long-lived perennial of the citrus family 
(Rutaceae), is a sprawling shrub 1 to 3 m (3.3 to 10 ft) tall with 
short, yellowish-brown, short-lived hairs on new growth. Opposite 
leaves with leaf stalks usually over 1 cm (0.4 in) long, larger leaves 
and fruit, and partially fused sections of capsule separate it from 
other species of the genus (Stone et al. 1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    Historically, Melicope reflexa occurred from a ridge between 
Hanalilolilo and Pepeopae in Kamakou Preserve to as far east as Halawa 
on East Molokai. The three remaining populations of fewer than a total 
of 1,000 individuals are on State and private lands in Honomuni, the 
Wailau-Mapulehu summit area, and Kukuinui Ridge in Wailau Valley (GDSI 
2000; HINHP Database 2000).
    Melicope reflexa typically grows in wet Metrosideros polymorpha-
dominated forest with native trees, such as Cheirodendron sp. (olapa), 
at elevations between 319 and 1,508 m (1,046 and 4,946 ft). Associated 
native plant species include Cibotium spp., Dicranopteris linearis, 
Syzygium sandwicensis (ohia ha), Antidesma platyphyllum, Alyxia 
oliviformis (maile), Cheirodendron trigynum, or Freycinetia arborea (J. 
Lau, in litt. 2001; Stone et al. 1999).
    Major threats to Melicope reflexa include habitat degradation and 
predation by ungulates (axis deer and feral pigs); competition with the 
non-native plant Clidemia hirta (Koster's curse); and catastrophic 
extinction from environmental events due to this species' few 
populations and small number of individuals (57 FR 46325; Service 
1996a).

Pritchardia munroi (loulu)

    Pritchardia munroi, a member of the palm family (Arecaceae), is a 
long-lived perennial tree about 4 to 5 m (13 to 16 ft) tall. The leaves 
and petioles have scattered, mostly deciduous scales and hairs, 
somewhat larger on the lower leaf ribs. The leaves are deeply divided 
into segments with long, drooping tips. Numerous bisexual or 
functionally male flowers are arranged in clusters on hairy, branching 
stalks which originate at the leaf bases. The mature fruit is shiny, 
black, and nearly spherical. This species is distinguished from others 
of the genus by its relatively smooth leaves; the grayish-brown hair on 
the inflorescence stalks, which are shorter than the petioles; and the 
small size of the fruits (Read and Hodel 1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    Historically and currently, Pritchardia munroi is found in leeward 
East Molokai, above Kamalo, near Kapuaokoolau Gulch (HINHP Database 
2000, Read and Hodel 1999). The only known wild individual is found on 
privately owned land (HINHP Database 2000).
    The only known wild individual grows near the base of a small 
ravine in mesic Metrosideros polymorpha-Dodonaea viscosa-Styphelia 
tameiameiae shrubland at elevations between 189 and 1,205 m (619 and 
3,952 ft). Associated plant species include Sida fallax (ilima), 
Wikstroemia sp., Diospyros sandwicensis, Pleomele auwahiensis 
(halapepe), Bidens menziesii (kookoolau), Pseudognaphalium 
sandwicensium (enaena), Dubautia linearis (naenae), or Coprosma sp. 
(Read and Hodel 1999; J. Lau in litt. 2001).
    Threats to the only known wild individual of Pritchardia munroi 
include habitat degradation by ungulates (axis deer, goats, or pigs) 
around its fenced exclosure, which prevents the establishment of 
seedlings; predation of seeds by rats; and catastrophic extinction by 
random environmental events (e.g., fire) due to its extreme rarity (57 
FR 46325; Service 1996a).

Schiedea lydgatei (NCN)

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

[[Page 16498]]

Makakupaia, Kawela, and Makolelau. The four populations total fewer 
than 1,000 individuals on State and privately owned lands (HINHP 
Database 2000; GDSI 2000).
    This species is found along ridges in dry to mesic grassland, 
shrubland, and forest with scattered native trees. It ranges in 
elevations between 458 and 1,047 m (1,502 and 3,434 ft). Associated 
plant species include Dodonaea viscosa, Metrosideros polymorpha, 
Styphelia tameiameiae, or Dicranopteris linearis (Gagne and Cuddihy 
1999; HINHP Database 2000; Wagner et al. 1999).
    The major threats to Schiedea lydgatei are habitat degradation by 
feral ungulates; competition with the non-native plant species Melinus 
minutiflora; and catastrophic extinction due to random environmental 
events, primarily fire, because in this species' dry, windswept habitat 
a single fire could potentially destroy a large part of the populations 
(57 FR 46325; Service 1996a).

Schiedea sarmentosa (NCN)

    Schiedea sarmentosa, a short-lived perennial herb of the pink 
family (Caryophyllaceae), is a many-branched shrub. The opposite leaves 
are slender, threadlike, and covered with dense, glandular hairs. There 
may be as many as 40 to 60 inflorescences on one plant, often with 50 
to 100 flowers in each inflorescence. The flowers are female on some 
plants and bisexual on others. The green sepals are egg-shaped and 
somewhat hairy. The staminodes (false stamens) are half as long as the 
sepals and two-branched at the tip. The fruits are oval capsules. This 
species differs from others in this endemic Hawaiian genus by its 
densely bushy habit, leaf width, hairiness, and staminode length 
(Wagner et al. 1999).
    The population in Makolelau Gulch has a frequency of 31 percent 
females. Based on analyses of pollen-ovule ratios, pollen size, 
inflorescence structure, and comparison to other Schiedea species 
tested in a wind tunnel, Schiedea sarmentosa could be wind-pollinated. 
No other life history information for this species is available 
(Service 1998a).
    Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and 
Onini Gulch. Currently, only two populations are known to be extant. 
One population on privately owned land at TNCH's Kamakou Preserve 
numbers approximately 30 individuals. The other population occurs on 
privately owned land in Makolelau, and consists of four subpopulations 
totaling approximately 300 to 400 individuals. Estimates of the total 
number of individuals have ranged up to 1,000. An accurate count is 
somewhat difficult because this species is interspersed with Schiedea 
lydgatei (Service 1998a; HINHP Database 2000; GDSI 2000).
    Schiedea sarmentosa is typically found on slopes in Metrosideros 
polymorpha-Dodonaea viscosa lowland dry or mesic shrubland or dry to 
mesic forest dominated by Metrosideros polymorpha and/or Diospyros 
sandwicensis between 316 and 1,072 m (1,036 and 3,516 ft) elevation. 
Associated species include Styphelia tameiameiae, Chenopodium oahuensis 
(aheahea), Alyxia oliviformis, Pleomele auwahiensis, Bidens menziesii, 
Carex meyenii (NCN), Lipochaeta rockii (nehe), Nestegis sandwicensis, 
Nothocestrum latifolium (aiea), Sida fallax, Sophora chrysophylla 
(mamane), or Chamaesyce sp. (HINHP Database 2000; J. Lau, in litt. 
2001).
    Major threats to Schiedea sarmentosa include habitat degradation by 
feral goats and pigs, competition by the non-native plants Melinis 
minutiflora and Ricinus communis (castor bean), and fire. The species 
is also threatened by a risk of extinction from naturally occurring 
events due to the low number of populations (61 FR 53130; Service 
1998a).

Silene alexandri (NCN)

    Silene alexandri, a member of the pink family (Caryophyllaceae), is 
an erect, short-lived perennial herb, 30 to 60 cm (1 to 2 ft) tall, and 
woody at the base. The narrow, elliptic leaves are hairless except for 
a fringe along the margins. Flowers are arranged in open clusters on 
stalks. The hairless stems, flowering stalks, and sepals and the larger 
flowers with white petals separate this species from other members of 
the genus (Wagner et al. 1999).
    Currently, no life history information is available for this 
species.
    Historically, Silene alexandri was known from Makolelau and Kamalo 
on East Molokai. Recently, the one population comprised of fewer than 
10 individuals was reported to be extirpated in the wild. However, 
individuals remain in cultivation (Perlman, pers. comm. 2001; GDSI 
2000; HINHP Database 2000).
    The only known population was found on moderate to steep slopes or 
cliffs in dry forest at an elevation between 316 and 1,073 m (1,036 and 
3,519 ft). Associated plant species include Dodonaea viscosa, Styphelia 
tameiameiae, Bidens menziesii, Schiedea spp., Carex wahuensis (NCN), or 
Diospyros sandwicensis (J. Lau, in litt. 2001).
    Threats to Silene alexandri include habitat degradation by feral 
goats, possible predation by goats and cattle (Bos taurus), and 
catastrophic extinction through random environmental events, of which 
the most serious is fire, due to the vulnerability of this single 
population (57 FR 46325; Service 1996a).

Stenogyne bifida (NCN)

    Stenogyne bifida, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing short-lived perennial herb, with smooth or 
slightly hairy, four-angled stems. The opposite, membranous, toothed 
leaves are oval or elliptical in shape, and are hairless except for the 
midribs. Flowers are usually arranged in groups of two to six in each 
of several whorls at the ends of the stems. The petals are fused into a 
nearly straight, yellow tube which flares into pale-brown lobes 
comprising an upper and a lower lip. The fruits are fleshy, black 
nutlets. The long, narrow calyx teeth and the deep lobe in the upper 
lip of the yellow corolla separate this species from others of the 
genus (Weller and Sakai 1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    Historically, Stenogyne bifida was known from scattered populations 
from Waianui in central Molokai to Pukoo Ridge on East Molokai. This 
species is now known from only five East Molokai populations totaling 
fewer than 10 individuals on Manawai-Kahananui Ridge on private lands; 
on Kolo Ridge, at Kamoku flats; and on the eastern fork of Kawela Gulch 
on the privately owned land of TNCH's Pelekunu Preserve (GDSI 2000; 
HINHP Database 2000).
    Stenogyne bifida typically grows on gulch slopes in Metrosideros 
polymorpha-dominated montane mesic to wet forest with native species 
such as Cibotium sp., Hedyotis sp., Cyanea sp., Dicranopteris linearis, 
Dodonaea viscosa, Hedyotis hillebrandii (manono), Pipturus albidus, 
Psychotria sp., Styphelia tameiameiae, Vaccinium sp., Wikstroemia sp., 
Cheirodendron trigynum, Broussaisia arguta, or Pouteria sandwicensis at 
elevations between 336 and 1,300 m (1,102 and 4,264 ft) (HINHP Database 
2000; Service 1996a; J. Lau, in litt. 2001).
    The most pervasive threat to this species is habitat degradation by 
ungulates (axis deer, goats, and pigs) (57 FR 46325; Service 1996a).

Tetramolopium rockii (NCN)

    Tetramolopium rockii, a member of the aster family (Asteraceae), is 
a glandular, hairy, prostrate short-lived

[[Page 16499]]

perennial shrub which forms complexly branching mats. The species has 
been divided into two varieties in the most recent treatment of this 
genus in Hawaii. Leaves of variety calcisabulorum have slightly 
inrolled edges, and are whitish due to the long silky hairs on their 
surfaces. Variety rockii has smaller, less hairy, flat, yellowish-green 
leaves. The leaves of both varieties are spatula-shaped with glands and 
smooth margins. Flower heads, arranged singly at the ends of flowering 
stalks, are composed of approximately 60 to 100 white ray florets and 
surround 30 to 55 functionally male, yellow, funnel-shaped disk 
florets. Fruits are achenes topped with white bristles. This species 
differs from others of the genus by its growth habit, its hairy and 
glandular surfaces, its spatulate leaf shape, and its yellow disk 
florets (Lowrey 1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    Of the two recognized varieties of Tetramolopium rockii, variety 
rockii was first discovered at Moomomi about 80 years ago and is still 
extant in that area. Tetramolopium rockii var. rockii is found in three 
areas, from Kalawao to Kahinaakalani, Keieho Point to Kaplalauoa, and 
from Moomomi to Kahinaakalani. Variety calcisabulorum is only reported 
from Keieho Point to Kaplalauoa, intergrading with variety rockii where 
their ranges overlap. The total number of individuals of both varieties 
in the three populations is estimated to be 174,000; they are located 
on State lands, including State-owned land managed by the National Park 
Service at Kalaupapa National Historical Park, and privately owned 
lands (HINHP Database 2000; GDSI 2000).
    Tetramolopium rockii is restricted to hardened calcareous sand 
dunes or ash-covered basalt in the coastal spray zone or coastal dry 
shrubland and grassland between sea level and 199 m (0 and 653 ft) 
elevation. Native plant species associated with this species include 
Psydrax odorata, Diospyros sandwicensis, Metrosideros polymorpha, 
Osteomeles anthyllidifolia (ulei), Scaevola sp. (naupaka), Fimbristylis 
cymosa (mauu akiaki), Heliotropium anomalum (ahinahina), Lipochaeta 
integrifolia (nehe), Sida fallax, or Sporobolus virginicus (akiaki) 
(Service 1996a; HINHP Database 2000; Lowrey 1999).
    The major threats to Tetramolopium rockii are habitat degradation 
by ungulate (axis deer and cattle) activity and human recreation, 
competition with the non-native plant Prosopis pallida (kiawe), and 
catastrophic extinction due to fire (57 FR 46325).

Multi-Island Species

Adenophorus periens (pendant kihi fern)

    Adenophorus periens, a short-lived perennial member of the 
grammitis family (Grammitidaceae), is a small, pendant, epiphytic (not 
rooted on the ground) fern. This species differs from other species in 
this endemic Hawaiian genus by having hairs along the pinna (leaflets) 
margins, by the pinnae being at right angles to the midrib axis, by the 
placement of the sori (a group or cluster of spore cases) on the 
pinnae, and the degree of dissection of each pinna (Service 1999a; 
Linney 1989).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in dense closed-canopy forest with high 
humidity. Its breeding system is unknown, but outbreeding is very 
likely to be the predominant mode of reproduction. Spores (minute, 
reproductive dispersal unit of ferns and fern allies) 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 seasons, there seems to be no evidence of 
seasonality in growth or reproduction. Additional information on 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is not available (Service 1999a; Linney 1989).
    Historically, Adenophorus periens was known from Kauai, Oahu, 
Lanai, East Maui, and Hawaii Island. Currently, it is known from 
several locations on Kauai, Molokai, and Hawaii. On Molokai, it is 
found in a single population containing seven individuals on the 
privately owned land within TNCH's Kamakou Preserve (GDSI 2000; HINHP 
Database 2000).
    On Molokai, Adenophorus periens is an epiphyte usually growing on 
Metrosideros polymorpha trunks, is found in Metrosideros polymorpha-
Myrsine lessertiana forest at elevations between 811 and 1,508 m (2,660 
and 4,946 ft). It is found in habitats of well-developed, closed canopy 
providing deep shade and high humidity. Associated native species 
include Broussasia arguta, Cheirodendron trigynum, Coprosma ochracea, 
Cyanea sp., Cyrtandra sp. (haiwale), Dicranopteris linearis, 
Freycinetia arborea, Hedyotis terminalis, Labordia hirtella (NCN), 
Machaerina angustifolia (uki), Psychotria hexandra (kopiko), Styphelia 
tameiameiae, Ilex anomala, Vaccinium calycinum (ohelo), Cibotium 
glaucum (hapuu), Melicope sp., Viola robusta (pamakani), Stenogyne 
kamehamehae (NCN), Anoectochilus sandvicensis (jewel orchid), or 
Syzygium sandwicensis (HINHP Database 2000; Service 1999a; Linney 
1989).
    The threats to this species on Molokai are habitat degradation by 
feral pigs and goats, and competition with the non-native plant Psidium 
cattleianum (strawberry guava) (HINHP Database 2000; 59 FR 56333; 
Service 1999a).

Alectryon macrococcus (mahoe)

    Alectryon macrococcus, a long-lived perennial member of the 
soapberry family (Sapindaceae), consists of two varieties, macrococcus 
and auwahiensis, both of which are trees with reddish-brown branches 
and net-veined paper- or leather-like leaves with one to five pairs of 
sometimes asymmetrical egg-shaped leaflets. The underside of the leaf 
has dense brown hairs only when young in A. macrococcus var. 
macrococcus and whether young or mature (persistent) in A. macrococcus 
var. auwahiensis (only found on East Maui). The only member of its 
genus found in Hawaii, this species is distinguished from other 
Hawaiian members of its family by being a tree with a hard fruit 2.5 cm 
(0.9 in) or more in diameter (Kimura and Nagata 1980; Wagner et al. 
1999).
    Alectryon macrococcus is a relatively slow-growing tree that grows 
in xeric to mesic sites and is adapted to periodic drought. Little else 
is known about the life history of this species. Flowering cycles, 
pollination vectors, seed dispersal agents, and specific environmental 
requirements are unknown (Service 1997).
    Historically and currently, Alectryon macrococcus var. macrococcus 
is known from Kauai, Oahu, Maui, and Molokai. On Molokai, it is found 
on the privately owned land of TNCH's Kamakou Preserve, along the Puu 
Kolekole jeep road, Kaunakakai Gulch, and Kamiloloa Gulch in a total of 
three populations containing nine individuals on State and privately 
owned lands (GDSI 2000; HINHP Database 2000).
    On Molokai, Alectryon macrococcus var. macrococcus typically grows 
on dry or talus slopes or in gulches within dry or mesic lowland forest 
between elevations of 534 and 1,120 m (1,751 and 3,674 ft). Associated 
native plants include Dodonaea viscosa, Nestegis sandwicensis, 
Nothocestrum sp. (aiea), Pleomele sp. (halapepe), Psychotria sp., 
Streblus pendulina (aiai), Myrsine sp. (kolea), or Lipochaeta sp. 
(nehe) (Service 1997; HINHP Database 2000; Wagner et al. 1999).
    The threats to Alectryon macrococcus var. macrococcus on Molokai 
include

[[Page 16500]]

habitat degradation by feral goats and pigs; competition from non-
native plant species, such as Melinus minutiflora, Pennisetum 
clandestinum (kikuyu grass), Schinus terebinthifolius, and Psidium 
cattleianum; damage from the black twig borer (Xylosandrus compactus); 
seed predation by rats, mice (Mus domesticus), and insects (probably 
the endemic microlepidopteran (small caterpillar) Prays cf. 
fulvocanella); loss of pollinators; and catastrophic extinction through 
a single natural or human-caused environmental disturbance (e.g., fire) 
due to the very small remaining number of individuals and their limited 
distribution on Molokai (Service 1997; 57 FR 20772; HINHP Database 
2000).

Bonamia menziesii (NCN)

    Bonamia menziesii, a member of the morning glory family 
(Convolvulaceae) and a short-lived perennial, 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. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999a).
    Historically, Bonamia menziesii was known from Kauai, the Waianae 
Mountains of Oahu, Molokai, Maui, and the Island of Hawaii. Currently, 
this species is extant on Kauai, Oahu, Lanai, Maui, and the Island of 
Hawaii. This species was last collected on Molokai in 1918 from 
Maunaloa by J. F. Rock (HINHP Database 2000).
    There is currently no information about the preferred habitat of or 
threats to Bonamia menziesii on Molokai.

Brighamia rockii (pua ala)

    Brighamia rockii, a long-lived perennial member of the bellflower 
family (Campanulaceae), grows as an unbranched stem succulent with a 
thickened stem that tapers from the base. This species is a member of a 
unique endemic Hawaiian genus with only one other species, found on 
Kauai, from which it differs by the color of its petals, its longer 
calyx (fused sepals) lobes, and its shorter flower stalks (Lammers 
1999).
    Observations of Brighamia rockii by Gemmill (1996) have provided 
the following information: the reproductive system is protandrous, 
meaning there is a time separation between the production of male and 
female gametes, in this case a separation of several days; only 5 
percent of the flowers produce pollen; very few fruits are produced per 
inflorescence; there are 20 to 60 seeds per capsule; and plants in 
cultivation at an age of 9 months have flowers. This species was 
observed in flower during August (HINHP Database 2000; Service 1996a).
    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 in a total of 
four populations with between 121 to 131 individual plants occurring on 
State and privately owned lands. It occurs on steep, inaccessible sea 
cliffs along East Molokai's northern coastline from Anapuhi Beach to 
Wailau Valley on private lands, and on the relatively inaccessible 
State-owned sea stack of Huelo, east of Anapuhi Beach (HINHP Database 
2000; K. Wood, in litt. 2000; GDSI 2000; Lammers 1999).
    On Molokai, Brighamia rockii is found in rock crevices on steep 
basalt sea cliffs, often within the spray zone, in coastal dry or mesic 
forest, Eragrostis variabilis (kawelu) mixed coastal cliff communities, 
or shrubland, or Pritchardia sp. (loulu) coastal mesic forest between 
sea level and 671 m (0 and 2,201 ft). Associated native species include 
Pritchardia hillebrandii (loulu), Chamaesyce celastroides var. 
amplectans (akoko), Wikstroemia uva-ursi (akia), Carex wahuensis ssp. 
wahuensis (NCN), Mariscus phleoides ssp. phleoides (NCN), Eragrostis 
variabilis, Dianella sandwicensis (ukiuki), Cocculus trilobus (huehue), 
Phymatosorus scolopendria (lauae), Crytomium falcatum (ahina kuahiwi), 
Lepidium bidentatum var. o-waihiense (anaunau), Pittosporum halophilum 
(hoawa), Artemisia sp., Bidens sp. (kookoolau), Schiedea globosa (NCN), 
Reynoldsia sandwicensis (ohe), Pandanus tectorius (hala), Peucedanum 
sandwicensis (makou), Hedyotis littoralis (NCN), Metrosideros 
polymorpha, Psydrax odorata, Diospyros sandwicensis, Osteomeles 
anthyllidifolia, Tetramolopium cassia (pamakani), Senna gaudichaudii 
(kolomona), or Scaevola sericea (naupaka kahakai) (HINHP Database 2000; 
Lammers 1999; K. Wood, in litt. 2000).
    The threats to this species on Molokai are habitat degradation (and 
possibly predation) by axis deer and goats; competition with the non-
native plants, Cyperus gracilis (McCoy grass), Digitaria ciliaris 
(Henry's crabgrass), Digitaria insularis (sourgrass), Ficus microcarpa 
(Chinese banyan), Kalanchoe pinnata, Lantana camara (lantana), Oxalis 
corniculata (yellow wood sorrel), Pluchea symphytifolia (sourbush), 
Portulaca oleracea (pigweed), and Solanum seaforthianum (NCN); seed 
predation by rats; and lack of pollinators (Service 1996a; 57 FR 46325; 
HINHP Database 2000).

Centaurium sebaeoides (awiwi)

    Centaurium sebaeoides, a member of the gentian family 
(Gentianaceae), is an annual herb with fleshy leaves and stalkless 
flowers. This species is distinguished from Centaurium erythraea 
(bitter herb), which is naturalized in Hawaii, by its fleshy leaves and 
the unbranched arrangement of the flower cluster (Wagner et al. 1999).
    Centaurium sebaeoides has been observed flowering in April. 
Flowering may be induced by heavy rainfall. Populations are found in 
dry areas, and plants are more likely to be found following heavy 
rains. This species appears to be a determinate annual; triggered by 
declining photoperiod, the plant produces seeds and dies. Medeiros et 
al. (1999) noted that in the wild seedlings first appeared in March and 
April; flowers first appeared in April and May; mature capsules were 
observed beginning in May and continuing through June; and by the first 
week of July, most plants were dead. No additional life history 
information is available for this plant (Service 1995a).
    Historically and currently, Centaurium sebaeoides is known from 
scattered localities on Kauai, Oahu, Molokai, Lanai, and Maui. 
Currently on Molokai, there are a total of five populations containing 
thousands of individuals, near Mokio Point on privately owned land and 
in Kalaupapa National Historical Park which is on State-owned land 
managed by the National Park Service (Chuck Chimera, formerly with 
Biological Resources Division (BRD), pers. comm. 2000; GDSI 2000; HINHP 
Database 2000; Wagner et al. 1999).
    On Molokai, Centaurium sebaeoides grows in volcanic or clay soils 
or on cliffs in arid coastal areas at elevations between sea level and 
409 m (0 and 1,341 ft). Associated species include Chamaesyce 
celastroides (akoko), Dodonaea viscosa, Fimbristylis cymosa, 
Heteropogon contortus (pili grass), Lipochaeta heterophylla (nehe), 
Lipochaeta integrifolia, Lycium sandwicense (ohelo kai), Lysimachia 
mauritiana (kolokolo kuahiwi), Mariscus phleoides (NCN), Panicum 
fauriei (NCN), Panicum torridum (kakonakona), Scaevola sericea, 
Schiedea globosa, Sida fallax,

[[Page 16501]]

Wikstroemia uva-ursi, Artemisia sp., Bidens sp., Jacquemontia 
ovalifolia (pauohiiaka), or Lipochaeta succulenta (nehe) (Medeiros et 
al. 1999; 56 FR 55770; Wagner et al. 1999).
    The major threats to this species on Molokai are displacement by 
non-native, woody species, such as: Casuarina equisetifolia (paina), 
Casuarina glauca (saltmarsh), Leucaena leucocephala (koa haole), 
Prosopis pallida, Schinus terebinthifolius, Syzygium cumini (Java 
plum), and Tournefortia argentea (tree heliotrope); trampling and 
habitat degradation by feral goats and cattle; and damage caused by 
off-road vehicles (Medeiros et al. 1999).

Ctenitis squamigera (pauoa)

    Ctenitis squamigera is a short-lived perennial and a member of the 
spleenwort family (Aspleniaceae). It has a rhizome (horizontal stem) 5 
to 10 millimeters (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. Ctenitis squamigera can be readily distinguished from 
other Hawaiian species of Ctenitis by the dense covering of tan-colored 
scales on its fronds (Wagner and Wagner 1992; Degener and Degener 
1957).
    Reproductive cycles, longevity, specific environmental requirements 
and limiting factors are unknown (Service 1998b).
    Historically, Ctenitis squamigera was recorded from Kauai, Oahu, 
Molokai, Lanai, Maui, and Hawaii. It is currently found on Oahu, Lanai, 
Molokai, and Maui. There is currently a single population with 20 
individuals on the island of Molokai in Wawaia Gulch on privately owned 
land (GDSI 2000; J. Lau, in litt. 2000; HINHP Database 2000).
    On Molokai, Ctenitis squamigera is found in mesic forest and gulch 
slopes between elevations of 757 and 1,133 m (2,483 and 3,716 ft). 
Associated native plant taxa include Metrosideros polymorpha, Diospyros 
sandwicensis, Nestegis sandwicensis, Xylosma hawaiiense (maua), 
Pouteria sandwicensis, Nephrolepis exaltata, Carex meyenii, Dryopteris 
unidentata (NCN), or Pleomele auwahiensis (J. Lau, in litt. 2000; 
Service 1998b; 59 FR 49025).
    The primary threats to Ctenitis squamigera are habitat degradation 
by goats, and competition with the non-native plant taxa Schinus 
terebinthifolius and Melinis minutiflora (J. Lau, in litt. 2000; 
Service 1998b; 59 FR 49025).

Cyanea grimesiana  ssp. grimesiana (haha)

    Cyanea grimesiana ssp. grimesiana, a short-lived perennial member 
of the bellflower family (Campanulaceae), is a shrub with pinnately 
divided leaves. This species is distinguished from others in this 
endemic Hawaiian genus by the pinnately lobed leaf margins and the 
width of the leaf blades. This subspecies is distinguished from the 
other two subspecies by the shape and size of the calyx lobes, which 
overlap at the base (Lammers 1999).
    Little is known about the life history of this plant. On Molokai, 
flowering plants have been observed in July and August. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999a).
    Historically and currently, Cyanea grimesiana ssp. grimesiana is 
known from Oahu, Molokai, Lanai, and Maui. On Molokai, it is found in a 
total of two populations containing eight individuals, in Wailau, Puu 
Kahea and Olokui NAR on State-owned lands (GDSI 2000; HINHP Database 
2000; Service 1999a).
    On Molokai, Cyanea grimesiana ssp. grimesiana is typically found in 
mesic forest often dominated by Metrosideros polymorpha or Metrosideros 
polymorpha and Acacia koa (koa), or on cliffs, at elevations between 93 
and 1,354 m (305 and 4,441 ft). Associated plants include Psychotria 
sp., Bobea sp. (ahakea), Antidesma sp. (hame), Syzygium sandwicensis, 
Xylosma sp. (maua), Cibotium sp., Doodia sp. (okupukupulauii), 
Nephrolepis sp. (kupukupu), Cyrtandra sp., Dicranopteris linearis, or 
Freycinetia arborea (HINHP Database 2000).
    The threats to this species on Molokai are habitat degradation and/
or destruction caused by axis deer, feral goats, and pigs; competition 
with various non-native plants, such as Clidemia hirta; catastrophic 
extinction by randomly naturally occurring events (e.g., fire, 
landslides) due to the small number of existing individuals; trampling 
by hikers; seed predation by rats; and predation by various slugs 
(Milax spp.) (HINHP Database 2000; 61 FR 53108; Service 1999a).

Cyperus trachysanthos (Puukaa)

    Cyperus trachysanthos, a member of the sedge family (Cyperaceae), 
is a short-lived perennial grass-like plant with a short rhizome 
(underground stem). The culms (aerial stems) are densely tufted, 
obtusely triangular in cross section, tall, sticky, and leafy at the 
base. This species is distinguished from others in the genus by the 
short rhizome, the leaf sheath with partitions at the nodes, the shape 
of the glumes, and the length of the culms (Koyama 1999).
    Little is known about the life history of Cyperus trachysanthos. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999a).
    Historically, Cyperus trachysanthos was known from Niihau, Kauai, 
and scattered locations on Oahu, Molokai, and Lanai. This species is 
now extant on Niihau, Kauai, and Oahu. This species was last collected 
on Molokai in 1912 from Maunaloa by J. F. Rock (HINHP Database 2000).
    There is currently no information about the preferred habitat of or 
threats to Cyperus trachysanthos on Molokai.

Diellia erecta (Asplenium-leaved Diellia)

    Diellia erecta, a short-lived perennial member of the spleenwort 
family (Aspleniaceae), is a fern that grows in tufts of 3 to 9 lance-
shaped fronds which emerge from a rhizome covered with brown to dark 
gray scales. This species differs from other members of the genus in 
having brown or dark gray scales usually more than 2 cm (0.8 in) in 
length, fused or separate sori along both margins, shiny black midribs 
that have a hardened surface, and veins that do not usually encircle 
the sori (Degener and Greenwell 1950; Robinson 1912; Wagner 1952).
    Little is known about the life history of this taxon. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999a).
    Historically, Diellia erecta was known from Kauai, Oahu, Molokai, 
Lanai, Maui, and Hawaii Island. Currently, it is known from Kauai, 
Oahu, Molokai, Maui, and Hawaii. On Molokai, it is known from a total 
of three populations containing at least 10 individuals in Halawa 
Valley, Kahuaawi Gulch, Makolelau and Onini Gulch on privately owned 
lands (HINHP Database 2000; K. Wood, in litt. 1999; Service 1999a).
    On Molokai, Diellia erecta is found in mixed mesic forest and mesic 
Diospyros sandwicensis forest between elevations of 750 and 1,133 m 
(2,460 and 3,716 ft). Associated native plant species include Alyxia 
oliviformis, Metrosideros polymorpha, Bobea sp., Coprosma foliosa 
(pilo), Dodonaea viscosa, Dryopteris unidentata, Myrsine sp., Ochrosia 
compta (holei), Dubautia linearis ssp. opposita (naenae), Psychotria 
sp., Pleomele auwahiensis, Sophora chrysophylla, Styphelia

[[Page 16502]]

tameiameiae, Syzygium sandwicensis, or Wikstroemia sp. (HINHP Database 
2000; K. Wood, in litt. 1999).
    The major threats to Diellia erecta on Molokai are habitat 
degradation by pigs, goats, and axis deer; competition with the non-
native plant species Fraxinus uhdei (tropical ash), Ricinus communis, 
Melinus minutiflora, Psidium cattleianum, and Blechnum occidentale 
(NCN); and catastrophic extinction due to random naturally occurring 
events and reduced reproductive vigor due to the small number of 
existing individuals (HINHP Database 2000; K. Wood, in litt. 1999; 59 
FR 56333; Service 1999a).

Diplazium molokaiense (NCN)

    Diplazium molokaiense, a short-lived member of the spleenwort 
family (Aspleniaceae), has a short prostrate rhizome. The leaf stalks 
are 15 to 20 cm (6 to 8 in) long and green or straw colored. The frond 
is thin textured, ovate-oblong, 15 to 50 cm (6 to 20 in) long and 10 to 
15 cm (4 to 6 in) wide, truncate at the base, and pinnate with a 
pinnatifid apex. The sori are 0.8 to 1.3 cm (0.3 to 0.5 in) long and 
lie alongside the side veins of the pinnae. Diplazium molokaiense can 
be distinguished from other species of Diplazium in the Hawaiian 
Islands by a combination of characters, including venation pattern, the 
length and arrangement of the sori, frond shape, and the degree of 
dissection of the frond (Wagner and Wagner 1992).
    Reproductive cycles, longevity, specific environmental requirements 
and limiting factors for Diplazium molokaiense are unknown (Service 
1998a).
    Historically, Diplazium molokaiense was found on Kauai, Oahu, 
Molokai, Lanai, and Maui. Currently, this species is extant on Maui. 
This species was last collected on Molokai in 1912 from Kaluaaha Valley 
by C. N. Forbes (HINHP Database 2000).
    On Molokai, Diplazium molokaiense was found on steep, rocky, wooded 
gulch walls in wet forests between elevations of 97 and 1,349 m (318 
and 4,424 ft) elevation (HINHP Database 2000).
    There is no information on threats that may effect Diplazium 
molokaiense on Molokai.

Eugenia koolauensis (nioi)

    Eugenia koolauensis, a member of the myrtle family (Myrtaceae), is 
a long-lived perennial tree or shrub between 2 and 7 m (7 and 23 ft) 
tall with branch tips covered with dense brown hairs. Eugenia 
koolauensis is one of two species in the genus that are native to 
Hawaii, it differs from the other species in having leaves that are 
densely hairy on the lower surface and leaf margins that curve under 
the leaves (Wagner et al. 1999).
    This species has been observed in flower from February to December 
in various years. No other information exists on reproductive cycles, 
longevity, specific environmental requirements, or limiting factors 
(Service 1998b).
    Historically, Eugenia koolauensis was known from Maunaloa on 
western Molokai and from Oahu. Currently, this species is extant on 
Oahu. This species was last collected on Molokai in 1912 from the west 
end of the island by J. F. Rock (HINHP Database 2000).
    On Molokai, Eugenia koolauensis was found in rocky gulches or on 
gentle slopes with deep soil between 475 and 989 m (1,558 and 3,244 ft) 
in elevation. Associated native plant species include Nestegis 
sandwicensis, Nototrichium sandwicensis, Xylosma hawaiiensee, Diospyros 
sandwicensis, Nesoluma polynesicum, Reynoldsia sandwicensis, or 
Erythrina sandwicensis (wiliwili) (J. Lau, in litt. 2001).
    No information on threats that may affect Eugenia koolauensis on 
Molokai is available.

Flueggea neowawraea (mehamehame)

    Flueggea neowawraea, a member of the spurge family (Euphorbiaceae) 
and a long-lived perennial, is a large tree up to 30 m (100 ft) tall 
and 2 m (7 ft) in diameter with white oblong pores covering its scaly, 
pale brown bark. The thin, papery, oval leaves, 4 to 14 cm (1.5 to 5.5 
in) long and 2 to 9 cm (0.8 to 3.5 in) wide, are green on the upper 
surface and pale green on the lower surface. This species is usually 
dioecious (having separate male and female plants) with unisexual 
flowers lacking petals. Male flowers, on stalks less than 4 mm (0.2 in) 
long, have five green sepals with brownish tips. The female flowers, on 
stalks 1 to 2.5 mm (0.04 to 0.1 in) long, have sepals of unequal length 
with irregular margins. 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 (Hayden 1999).
    Individual trees of Flueggea neowawraea bear only male or female 
flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Little else is known about the life history of this 
species. Reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1999a; Hayden 
1999).
    Historically, Flueggea neowawraea was known from Molokai, Oahu, 
Kauai and the island of Hawaii. Currently, this species is found on 
Kauai, Oahu, Maui, and the island of Hawaii. This species was last 
collected on Molokai in 1931 from Waihii by G. W. Russ (HINHP Database 
2000).
    On Molokai, Flueggea neowawraea occurred in gulches in mesic forest 
between 450 and 840 m (1,476 and 2,755 ft) elevation (J. Lau, in litt. 
2001).
    No information on threats that may affect Flueggea neowawraea on 
Molokai is available.

Hedyotis mannii (pilo)

    Hedyotis mannii, a member of the coffee family (Rubiaceae), is a 
short-lived perennial with smooth, usually erect stems 30 to 60 cm (1 
to 2 ft) long, which are woody at the base and four-angled or -winged. 
The leaves are opposite, thin in texture and elliptic to sometimes 
lance-shaped. Stipules (leaf-like appendages), which are attached to 
the slightly winged leaf stalks where they join and clasp the stem, are 
triangular. Flowers are arranged in loose clusters up to 30 cm (1 ft) 
long at the ends of the stems and are either bisexual or female. This 
species' growth habit; its quadrangular or winged stems; the shape, 
size, and texture of its leaves; and its dry capsule, which opens when 
mature, separate it from other species of the genus (Wagner et al. 
1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    Historically and currently, Hedyotis mannii is found on Lanai, West 
Maui, and Molokai. After an absence of 50 years, this species was 
rediscovered on Molokai in 1987 by Steve Perlman on private land in 
Kawela Gulch in TNCH's Kamakou Preserve. Only five plants are known to 
exist in this area (HINHP Database 2000; GDSI 2000).
    On Molokai, Hedyotis mannii grows on dark, narrow, rocky gulch 
walls in mesic and wet forests at 593 to 1,212 m (1,945 to 3,975 ft) in 
elevation. Associated plant species include Pipturus sp., Cibotium sp., 
Cyanea sp., Scaevola sp., or Psychotria sp. (Wagner et al. 1999; HINHP 
Database 2000; Service 1996a).
    The threats to Hedyotis mannii on Molokai are habitat degradation 
by feral pigs; competition with the non-native plant Melinis 
minutiflora; and catastrophic extinction through random environmental 
events to which the limited number of individuals are extremely 
vulnerable (HINHP Database 2000; 57 FR 46325; Service 1996a).

[[Page 16503]]

Hesperomannia arborescens (NCN)

    Hesperomannia arborescens, a long-lived perennial member of the 
aster family (Asteraceae), is a small shrubby tree that usually stands 
1.5 to 5 m (5 to 16 ft) tall. This member of an endemic Hawaiian genus 
differs from other Hesperomannia species in having the following 
combination of characters: erect to ascending flower heads, thick 
flower head stalks, and usually hairless and relatively narrow leaves 
(Wagner et al. 1999).
    This species was observed in flower from April through June and 
fruit during March and June. No other information is available on 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors (Service 1998c).
    Hesperomannia arborescens was formerly known from Lanai, Molokai, 
and Oahu. This species is now known from Oahu, Molokai, and Maui. On 
Molokai, one population of five individuals is known from private land 
(GDSI 2000; HINHP Database 2000).
    On Molokai, Hesperomannia arborescens is found on slopes or ridges 
in wet Metrosideros polymorpha-Dicranopteris linearis lowland forest or 
mesic Diospyros sandwicensis-Metrosideros polymorpha lowland forest 
transition zones between 175 and 959 m (574 and 3,145 ft) in elevation. 
Associated native species include Broussaisia arguta, Freycinetia 
arborea, Antidesma sp., Cibotium glaucum, Psychotria mauiensis 
(kopiko), Elaphoglossum sp. (ekaha), Coprosma sp., Hedyotis sp., 
Cheirodendron sp., Smilax melastomifolia (hoi kuahiwi), Clermontia 
pallida (oha wai), Thelypteris sp. (palapalaia), Diplopterygium 
pinnatum (uluhe lau nui), Ilex anomala, Myrsine sp., Urera glabra, 
Cyrtandra sp., Pipturus sp., Boehmeria grandis, Nestegis sandwicensis, 
Nephrolepis exaltata, or Wikstroemia sp. (HINHP Database 2000).
    The major threats to Hesperomannia arborescens on Molokai are 
habitat degradation by feral pigs, goats, and humans; competition with 
non-native plant taxa, such as Clidemia hirta, Kalanchoe pinnata, and 
Rubus rosifolius; and catastrophic extinction due to random 
environmental events or reduced reproductive vigor due to this species' 
limited numbers (59 FR 14482; HINHP Database 2000).

Hibiscus brackenridgei (mao hau hele)

    Hibiscus brackenridgei, a short-lived perennial 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. Three subspecies of Hibiscus brackenridgei 
are now recognized, brackenridgei, molokaiana, and mokuleianus. 
Subspecies molokaiana was found on the island of Molokai. When we 
listed this species in 1994 only two subspecies, brackenridgei and 
mokuleianus, were recognized. Subsequent to the final rule listing this 
species in 1994 we became aware of Wilson's (1993) taxonomic treatment 
of this group in which Hibiscus brackenridgei ssp. molokaiana was 
changed to subspecies status and recognized as distinct from Hibiscus 
brackenridgei ssp. brackenridgei. Wilson's (1993) treatment is cited in 
the supplement in the revised edition of the ``Manual of the Flowering 
Plants of Hawaii'' as the basis for recognizing Hibiscus brackenridgei 
ssp. molokaiana. We will address this name change in a future Federal 
Register notice (HINHP Database 2000; Bates 1999; Wilson 1993; Wagner 
et al. 1999).
    Hibiscus brackenridgei is known to flower continuously from early 
February through late May, and intermittently at other times of year. 
Intermittent flowering may possibly be tied to day length. Little else 
is known about the life history of this plant. Pollination biology, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Historically, Hibiscus brackenridgei ssp. molokaiana was known from 
Molokai and is currently found on Oahu. This species was last collected 
on Molokai in1920 from Laau Point by J. F. Rock (HINHP Database 2000).
    On Molokai, Hibiscus brackenridgei ssp. molokaiana occurred on 
slopes in lowland dry forest and shrubland from 11 to 467 m (36 to 
1,531 ft) in elevation (J. Lau, in litt. 2001; HINHP Database 2000).
    No information on threats that may affect Hibiscus brackenridgei 
ssp. molokaiana on Molokai is available.

Ischaemum byrone (Hilo ischaemum)

    Ischaemum byrone, a member of the grass family (Poaceae), is a 
short-lived perennial species with creeping underground and erect 
stems. Ischaemum byrone can be distinguished from other Hawaiian 
grasses by its tough outer flower bracts, dissimilar basic flower 
units, which are awned and two-flowered, and a di- or trichotomously-
(two or three part) branching inflorescence (O'Connor 1999).
    No life history information is currently available for this species 
(Service 1996b).
    Ischaemum byrone was historically distributed on Kauai, Molokai, 
Maui, and Hawaii Island. Currently, this species is found on Molokai, 
Maui, and Hawaii Island. On Molokai, there are a total of two 
populations containing between 100 to 1,000 individuals located in 
Wailau Valley and the eastern edge of Kikipua on privately owned lands 
(GDSI 2000; HINHP Database 2000; 59 FR 10305).
    On Molokai, Ischaemum byrone is found in coastal dry shrubland or 
Artemisia sp. cliff communities, near the ocean, among rocks or on 
basalt cliffs or talus slopes, and elevations between sea level and 238 
m (0 and 781 ft). Associated taxa include Bidens molokaiensis (NCN), 
Hedyotis littoralis, Lysimachia mauritiana, Fimbristylis cymosa, or 
Pandanus tectorius (hala) (HINHP Database 2000; Gagne and Cuddihy 1999; 
O'Connor 1999).
    The threats to Ischaemum byrone on Molokai are competition by non-
native grasses, particularly Digitaria ciliaris; predation by goats and 
axis deer; and elimination and degradation of habitat through fire and 
residential development (Service 1996b).

Isodendrion pyrifolium (wahine noho kula)

    Isodendrion pyrifolium, a short-lived perennial member of the 
violet family (Violaceae), is a small, branched shrub. The species is 
distinguished from other taxa in the genus by its smaller, green-yellow 
flowers, and hairy stipules and leaf veins (Wagner et al. 1999).
    During periods of drought, this species will drop all but the 
newest leaves. After sufficient rains, the plants produce flowers with 
seeds ripening one to two months later. No further information is 
available on reproductive cycles, specific environmental requirements, 
or limiting factors (Service 1996c).
    Isodendrion pyrifolium was known historically from Kauai, Oahu, 
Maui, Hawaii, Niihau, Molokai, and Lanai. Currently, this species is 
only extant on the island of Hawaii. This species was last collected on 
Molokai in the 1800s (HINHP Database 2000).
    On Molokai, Isodendrion pyrifolium was found in dry shrublands 
between 69 and 422 m (226 and 1,384 ft) elevation. Associated native 
plant species included Dodonaea viscosa, Heteropogon contortus, 
Styphelia tameiameiae, or Bidens menziesii (J.

[[Page 16504]]

Lau, in litt. 2001; Wagner et al. 1999; HINHP Database 2000).
    No information on threats that may have affected Isodendrion 
pyrifolium on Molokai is available.

Mariscus fauriei (NCN)

    Mariscus fauriei, a member of the sedge family (Cyperaceae), is a 
short-lived perennial plant with somewhat enlarged underground stems 
and three-angled, single or grouped aerial stems 10 to 50 cm (4 to 20 
in) tall. It has leaves shorter than or the same length as the stems 1 
to 3.5 mm (0.04 to 0.1 in) wide. This species differs from others in 
the genus in Hawaii by its smaller size and its narrower, flattened, 
and more spreading spikelets (Koyama 1999; 59 FR 56333).
    Currently, the reproductive cycle, specific environmental 
requirements, and limiting factors are unknown for this species 
(Service 1996b).
    Historically, Mariscus fauriei was found on east Molokai, Lanai, 
and the island of Hawaii. This species is no longer extant on Lanai. 
Currently on Molokai, one population with 20 to 30 plants occurs above 
Kamiloloa on State-owned land (HINHP Database 2000; GDSI 2000).
    On Molokai, Mariscus fauriei typically grows in Diospyros 
sandwicensis-dominated lowland dry forests, often on a lava substrate, 
at elevations between 436 and 1,120 m (1,430 and 3,673 ft). Associated 
species include Psydrax odorata, Peperomia sp. (ala ala wai nui), or 
Rauvolfia sandwicensis (hao) (HINHP Database 2000; Koyama 1999).
    The threats to Mariscus fauriei on Molokai are predation and 
habitat degradation by feral goats and axis deer. Because there is only 
one known population on Molokai, the species is threatened by the risk 
of extinction through random environmental events and through reduced 
reproductive vigor (Service 1996b; 59 FR 56333).

Marsilea villosa (ihiihi)

    Marsilea villosa, a member of the marsilea family (Marsileaceae), 
is a short-lived perennial aquatic to semiaquatic fern similar in 
appearance to a four-leaved clover. The leaves are borne in pairs along 
a thin rhizome. The leaves and rhizomes vary in pubescence, depending 
on the aridity of the habitat at the time of development. A hard 
sporocarp (hard-walled case containing male and female spores) is borne 
at the base of a leaf pair. The young sporocarp, like the rhizome, is 
covered with rust-colored hairs, which are lost as the sporocarp 
matures. The plant occurs either in scattered clumps or as a dense 
interwoven mat, depending on the competition with other species for 
limited habitat resources. The species is the only member of the genus 
native to Hawaii and is closely related to Marsilea vestita (NCN) of 
the western coast of the United States (Service 1996c).
    Marsilea villosa requires periodic flooding for spore release and 
fertilization, then a decrease in water levels for the young plants to 
establish, and finally dry soil for sporocarps to mature. Shading 
reduces vigor of Marsilea villosa. No other life history information is 
currently available for this species (Service 1996c).
    Marsilea villosa was known historically from Oahu, Molokai and 
Niihau. Currently, it is found only on Oahu and Molokai. On Molokai 
there are four populations with an unspecified number of individuals 
located at Kamaka ipo, Ilio Point, Kaiehu Point, and from Kaeo to Mokio 
on State- and privately owned lands (HINHP Database 2000; GDSI 2000).
    On Molokai, Marsilea villosa typically occurs in shallow 
depressions in clay soil, or lithified sand dunes overlaid with 
alluvial clay. All reported populations occur at elevations between 125 
and 172 m (410 and 564 ft) elevation. While Marsilea villosa can 
withstand minimal shading, it appears most vigorous growing in open 
areas. The associated native vegetation of Marsilea villosa on Molokai 
includes Heteropogon contortus, Sida fallax, Waltheria indica (uhaloa), 
Centaurium sebaeoides, Tetramolopium sylvae (pamakani), or Schiedea 
globosa (Service 1996c).
    The threats to Marsilea villosa on Molokai are the destruction of 
natural hydrology; encroachment and competition from naturalized, non-
native plants such as Cenchrus ciliaris (buffelgrass), Prosopis 
pallida, Lantana camara, Digitaria insularis, and Chamaecrista 
nictitans (partridge pea); damage by off-road vehicles or by grazing 
cattle and axis deer; habitat destruction, degradation, and 
fragmentation through development, fire, trampling by humans and 
introduced mammals; and catastrophic extinction from random 
environmental events and reduced reproductive vigor due to few 
populations and small population sizes (Service 1996c; 57 FR 27863).

Melicope mucronulata (alani)

    Melicope mucronulata, a long-lived perennial of the citrus family 
(Rutaceae), is a small tree up to 13 ft (4 m) tall with oval to 
elliptic-oval leaves. This species is distinguished from others in the 
genus by the growth habit, the number of flowers in each flower 
cluster, the size and shape of the fruit, and the degree of hairiness 
of the leaves and fruit walls (Stone et al. 1999).
    Currently, no life history information is available for this 
species (Service 1997).
    First discovered in 1920 in Kanaio, East Maui, Melicope mucronulata 
was not relocated until 1983. On Molokai, one population of two 
individuals was then found two years later in Kupaia on the privately 
owned Kamakou Preserve (GDSI 2000; HINHP Database 2000; Stone et al. 
1999).
    On Molokai, Melicope mucronulata occurs on steep, west- or north-
facing slopes in mesic Diospyros sandwicensis-Metrosideros polymorpha 
forest, Metrosideros polymorpha-Dodonaea viscosa shrubland, or 
Metrosideros polymorpha-Styphelia tameiameiae shrubland between 
elevations of 199 and 1,143 m (653 and 3,749 ft). Associated native 
species include Alyxia oliviformis, Nestegis sandwicensis, Coprosma 
foliosa, Psychotria mariniana (kopiko), Pleomele auwahiensis, 
Osteomeles anthyllidifolia, Ochrosia compta, Myrsine lanaiensis 
(kolea), Alphitonia ponderosa (kauila), Pittosporum sp., Hedyotis 
terminalis, Melicope hawaiensis (alani), or Phyllanthus sp. (NCN) 
(HINHP Database 2000; J. Lau, in litt. 2001).
    On Molokai, the major threat to the continued existence of this 
species is catastrophic extinction from random environmental events due 
to the few extant populations and small number of individuals. Habitat 
degradation by goats and pigs; predation by goats; and competition with 
non-native plants, particularly Melinis minutiflora, also pose 
immediate threats to this species (Service 1997; 57 FR 20772).

Melicope munroi (alani)

    Melicope munroi, a long lived perennial of the citrus family 
(Rutaceae), is a sprawling shrub up to 3 m (10 ft) tall. The new growth 
of this species is minutely hairy. This species differs from other 
Hawaiian members of the genus in the shape of the leaf and the length 
of the inflorescence (a flower cluster) stalk (Stone et al. 1999).
    Little is known about the life history of Melicope munroi. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 2001).
    Historically, this species was known from the Lanaihale summit 
ridge of Lanai and above Kamalo on Molokai.

[[Page 16505]]

Currently, Melicope munroi is only known from the Lanaihale summit 
ridge on Lanai. This species was last collected on Molokai in 1910 from 
Kamalo by J. F. Rock (HINHP Database 2000).
    There is currently no information about the preferred habitat of or 
threats to Melicope munroi on Molokai.

Neraudia sericea (NCN)

    Neraudia sericea, a short-lived perennial and a member of the 
nettle family (Urticaceae), is a 3 to 5 m (10 to 16 ft) tall shrub with 
densely hairy branches. The elliptic or oval leaves have smooth margins 
or slightly toothed margins on young leaves. The upper leaf surface is 
moderately hairy and the lower leaf surface is densely covered with 
irregularly curved, silky gray to white hairs along the veins. The male 
flowers may be stalkless or have short stalks. The female flowers are 
stalkless and have a densely hairy calyx that is either toothed, 
collar-like, or divided into narrow unequal segments. The fruits are 
achenes with the apical section separated from the basal portion by a 
deep constriction. Seeds are oval with a constriction across the upper 
half. Neraudia sericea differs from the other four closely related 
species of this endemic Hawaiian genus by the density, length, color, 
and posture of the hairs on the lower leaf surface and by its mostly 
entire leaf margins (Wagner et al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is generally unknown (Service 1999a).
    Neraudia sericea was known historically from Molokai, Lanai, Maui, 
and Kahoolawe. Currently, this species is found only on Maui and 
Molokai. On Molokai, one population of 50 to 100 individuals is known 
from Makolelau on privately owned land (GDSI 2000; HINHP Database 
2000).
    On Molokai, Neraudia sericea generally occurs on gulch slopes and 
gulch bottoms in lowland dry to mesic Metrosideros polymorpha-Dodonaea 
viscosa-Styphelia tameiameiae shrubland or forest between 691 and 1,043 
m (2,266 and 3,421 ft) in elevation. Other associated plant species 
include Pleomele auwahiensis, Alyxia oliviformis, Coprosma sp., or 
Hedyotis sp. (HINHP Database 2000; J. Lau, in litt. 2001; Wagner et al. 
1999).
    The primary threats to Neraudia sericea on Molokai are habitat 
degradation by feral pigs and goats; competition with the non-native 
plant, Melinus minutiflora; and catastrophic extinction through random 
environmental events due to the vulnerability of a single population 
(Service 1999a; 59 FR 56333).

Peucedanum sandwicense (makou)

    Peucedanum sandwicense, a short lived perennial and a member of the 
parsley family (Apiaceae), is a parsley-scented, sprawling herb. Hollow 
stems arise from a short, vertical, perennial stem with several fleshy 
roots. This species is the only member of the genus in the Hawaiian 
Islands (Constance and Affolter 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is generally unknown (Service 1995b).
    Historically and currently, Peucedanum sandwicense was known from 
Molokai, Maui, and Kauai. Discoveries in 1990 extended the known 
distribution of this species to the island of Oahu. On Molokai, four 
populations are known from private and State-owned lands in Pelekunu 
Valley, on Huelo Islet and Mokapu Islet, and State-owned lands managed 
by the National Park Service at Kalaupapa National Historical Park, 
totaling approximately 50 individuals (GDSI 2000; HINHP Database 2000; 
K. Wood, in litt. 2000; Service 1995b).
    On Molokai, Peucedanum sandwicense grows in cliff habitats in brown 
soil and talus in Chamaesyce celastroides var. amplectans-Chenopodium 
oahuense coastal dry shrubland or Diospyros sandwicensis forest from 
sea level to above 840 m (2,755 ft) and is associated with native 
species, such as Eragrostis sp. (kawelu), Santalum ellipticum 
(iliahialoe), Pritchardia hillebrandii, Reynoldsia sandwicensis, 
Osteomeles anthyllidifolia, Scaevola sericea, Senna gaudichaudii, 
Pittosporum halophilum, Sida fallax, Plumbago zeylanica (iliee), 
Artemisia australis (ahinahina), Portulaca lutea (ihi), Lepidium 
bidentatum var. o-waihiense, Schiedea globosa, Lipochaeta integrifolia, 
Peperomia remyi (NCN), Plectranthus parviflorus (ala ala wai nui), 
Dianella sandwicensis, or Metrosideros polymorpha (Constance and 
Affolter 1999; Service 1995b; HINHP Database 2000; K. Wood, in litt. 
2000).
    Threats to Peucedanum sandwicense on Molokai are seed predation by 
rats and competition with the non-native plant species Ageratum 
conyzoides (maile hohono), Coronopus didymus (swinecress), Kalanchoe 
pinnata, Lantana camara, Malvastrum coromandelianum ssp. 
coromandelianum (false mallow), Morinda citrifolia (noni), Plantago 
lanceolata (English plantain), Pluchea carolinensis (sourbush), 
Portulaca oleracea, Elaphantopus spicatus (NCN), Schinus 
terebinthifolius, and Sonchus oleraceus (pualele) (Service 1995b; 59 FR 
9304; K. Wood, in litt. 2000).

Phyllostegia mannii (NCN)

    Phyllostegia mannii, a short-lived perennial and 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. Currently, no 
additional life history information is available for this species 
(Service 1996a).
    Historically, Phyllostegia mannii was found from Hanalilolilo to 
Ohialele on East Molokai and at Ukulele on East Maui. It has not been 
seen on Maui for over 70 years and is apparently extirpated on that 
island. On Molokai, this species is now known from only one individual 
on Puu Alii on privately owned land (GDSI 2000; HINHP Database 2000; 
Service 1996a).
    On Molokai, Phyllostegia mannii grows in shaded sites in sometimes 
foggy and windswept, wet, open, Metrosideros polymorpha-dominated 
montane forest with a native shrub and Cibotium sp. understory between 
590 and 1508 m (1,935 and 4,946 ft) elevation. Associated plant species 
include Asplenium sp., Broussaisia arguta, Cheirodendron trigynum, 
Coprosma ochracea, Cyanea sp., Dicranopteris linearis, Hedyotis 
hillebrandii, Pipturus albidus, Pouteria sandwicensis, Psychotria sp., 
Touchardia latifolia, Vaccinium sp., or Wikstroemia sp. (HINHP Database 
2000; Service 1996a).
    The only known population of Phyllostegia mannii is threatened by 
habitat destruction and degradation by feral pigs. Because there is 
only one individual currently extant, a natural or human-caused 
environmental event could extirpate the species (Service 1996a; 57 FR 
46325).

[[Page 16506]]

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. 1999).
    Individual Phyllostegia mollis plants live for approximately five 
years. The species is known to flower in late winter and spring. 
Additional information on the life history of this plant, reproductive 
cycles, specific environmental requirements, and limiting factors is 
generally unknown (Service 1998b).
    Historically, Phyllostegia mollis was known from Oahu, Molokai, and 
East Maui. Currently, this species is only known from Oahu and Maui. 
This species was last collected on Molokai in 1912 from Kamakou 
Preserve by J. F. Rock (HINHP Database 2000).
    On Molokai, Phyllostegia mollis typically grew in mesic 
Metrosideros polymorpha forests between 551 and 1,216 m (1,807 and 
3,988 ft) elevation (J. Lau, in litt. 2001).
    No information on threats that may have affected Phyllostegia 
mollis on Molokai is available.

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).
    Little is known about the life history of this plant. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are generally unknown. However, individuals have been observed 
in fruit from April through September (Service 1999a).
    Plantago princeps is historically and currently known from Kauai, 
Oahu, Molokai, Hawaii, and Maui. It is no longer extant on the island 
of Hawaii. Plantago princeps var. anomala is currently known from Kauai 
and Oahu; var. longibracteata is known from Kauai and Oahu; var. 
princeps is known from Oahu; and var. laxiflora is known from Molokai 
and Maui. On Molokai, there is currently one remaining population of 
Plantago princeps var. laxiflora with five individuals in Kawela Gulch 
on privately owned lands (GDSI 2000; HINHP Database 2000; Service 
1999a).
    On Molokai, Plantago princeps var. laxiflora is typically found on 
streambanks in Metrosideros polymorpha lowland mesic forest between 592 
and 1,213 m (1,942 and 3,979 ft) elevation. Associated plant species 
include Coprosma sp., Wikstroemia oahuensis (akia), Pipturus albidus, 
Dodonaea viscosa, Dryopteris unidentata, or Cyanea sp. (J. Lau, in 
litt. 2001; Wagner et al. 1999).
    The primary threats to Plantago princeps var. laxiflora on Molokai 
are predation and habitat degradation by feral pigs and goats and 
competition with various non-native plant species (59 FR 56333; Service 
1999a).

Platanthera holochila (NCN)

    Platanthera holochila, a short-lived perennial and a member of the 
orchid family (Orchidaceae), is an erect, deciduous herb. The stems 
arise from underground tubers, the pale green leaves are lance to egg-
shaped and the greenish-yellow flowers occur in open spikes. This is 
the only species of this genus that occurs in the Hawaiian Islands 
(Wagner et al. 1999).
    Little is known about the life history of this plant. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1999a).
    Historically, Platanthera holochila was known from Maui, Oahu, 
Molokai, and Kauai. Currently, Platanthera holochila is extant on 
Kauai, Molokai, and Maui. On Molokai, one population with less than 10 
individuals is reported from Hanalilolilo on the privately owned land 
of Kamakou Preserve (HINHP Database 2000; GDSI 2000).
    On Molokai, Platanthera holochila is found on slightly sloping 
ridgetops in Metrosideros polymorpha-Cheirodendron trigynum wet forest 
or Metrosideros polymorpha mixed montane bog between 551 and 1,382 m 
(1,807 and 4,532 ft) elevation. Associated native plants include 
Cibotium sp., Oreobolus furcatus (NCN), or Styphelia tameiameiae (J. 
Lau, in litt. 2001).
    The primary threats to Platanthera holochila on Molokai are habitat 
degradation and/or destruction by feral pigs; competition with non-
native plants; and a risk of extinction from naturally occurring events 
and/or reduced reproductive vigor, due to the small number of remaining 
populations and individuals. Predation by slugs may also be a potential 
threat to this species (61 FR 53108; Service 1999a).

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 and Wagner 1992).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is generally unknown (Service 1998a).
    Historically, Pteris lidgatei was found on Oahu, Molokai, and West 
Maui. Currently, this species is known from Oahu and Maui. This species 
was last collected on Molokai in 1912 from the slopes of Olokui by C. 
N. Forbes (HINHP Database 2000).
    On Molokai, Pteris lidgatei grew on steep stream banks between 78 
and 1,266 m (256 and 4,152 ft) elevation in wet forest (HINHP Database 
2000).
    No information on threats that may have affected Pteris lidgatei on 
Molokai is available.

Schiedea nuttallii (NCN)

    Schiedea nuttallii, a long-lived perennial member of the pink 
family (Caryophyllaceae), is a generally hairless, erect subshrub. This 
species is distinguished from others in this endemic Hawaiian genus by 
its habit, length of the stem internodes, length of

[[Page 16507]]

the inflorescence, number of flowers per inflorescence, smaller leaves, 
smaller flowers, and smaller seeds (Wagner et al. 1999).
    Little is known about the life history of Schiedea nuttallii. Based 
on field and greenhouse observations, it is hermaphroditic (flowers 
contain both sexes). Plants located close to the Makua rim 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 pollinated, 
suggesting that this species requires insects for pollination. 
Seedlings of Schiedea occurring in mesic or wet sites are apparently 
consumed by introduced slugs and snails. These have been observed 
feeding on S. membranacea, another mesic forest species occurring on 
Kauai. In contrast to mesic forest species, Schiedea occurring in dry 
areas produce abundant seedlings following winter rains, presumably 
because there are fewer alien consumers in drier sites. Fruits and 
flowers are abundant in the wet season but can be found throughout the 
year. Little is known about the life history of this plant. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Weller et al. 1990; Service 1999a; 
Kapua Kawelo, U.S. Dept. of Defense, Army Environmental, in litt. 
1999).
    Historically, Schiedea nuttallii was known from scattered locations 
on southeastern Kauai, Oahu, Molokai, and Maui. Currently, known 
populations occur on Kauai, Oahu, and Molokai. On Molokai one 
population with 22 individuals of Schiedea nuttallii occurs on the 
privately owned lands of TNCH's Kamakou Preserve (HINHP Database 2000; 
GDSI 2000; Service 1999a).
    On Molokai, Schiedea nuttallii typically grows in streamside 
grottos in wet Metrosideros polymorpha-Cheirodendron trigynum forest at 
elevations between 677 and 1,423 m (2,220 and 4,667 ft). Associated 
plants include Asplenium lobulatum (NCN), Asplenium macraei (NCN), 
Thelypteris sandwicensis (NCN), Vandenboschia davallioides (NCN), 
Cyrtandra hawaiiensis (haiwale), or Asplenium unilaterale (NCN) (J. 
Lau, in litt. 2001).
    Schiedea nuttallii on Molokai is seriously threatened by 
competition with several non-native plants; predation by the black twig 
borer, slugs, and snails; and a risk of extinction from naturally 
occurring events (e.g., landslides) and/or reduced reproductive vigor 
due to the small number of individuals (Service 1999a; 61 FR 53108).

Sesbania tomentosa (ohai)

    Sesbania tomentosa, a short-lived perennial and a member of the pea 
family (Fabaceae), is typically a sprawling shrub but may also be a 
small tree. Each compound leaf consists of 18 to 38 oblong to elliptic 
leaflets, which are usually sparsely to densely covered with silky 
hairs. The flowers are salmon tinged with yellow, orange-red, scarlet 
or rarely, pure yellow. Sesbania tomentosa is the only endemic Hawaiian 
species in the genus, differing from the naturalized Sesbania sesban 
(Egyptian rattlepod) by the color of the flowers, the longer petals and 
calyx, and the number of seeds per pod (Geesink et al. 1999).
    The pollination biology of Sesbania tomentosa is being studied by 
David Hopper, a graduate student in the Department of Zoology at the 
University of Hawaii at Manoa. His preliminary findings suggest that, 
although many insects visit Sesbania flowers, the majority of 
successful pollination is accomplished by native bees of the genus 
Hylaeus and that populations at Kaena Point on Oahu are probably 
pollinator-limited. Flowering at Kaena Point is highest during the 
winter-spring rains, and gradually declines throughout the rest of the 
year. Other aspects of this plant's life history are unknown (Service 
1999a).
    Currently, Sesbania tomentosa occurs on at least six of the eight 
main Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and 
Hawaii) and in the Northwestern Hawaiian Islands (Nihoa and Necker). It 
is no longer extant on Niihau and Lanai. On Molokai, Sesbania tomentosa 
is known from six populations with an estimated total of 100 to 150 
individuals. One of the populations occur from Moomomi to Nenehanaupo 
and five from Kamiloloa to Makolekau on State- and privately owned 
lands (Service 1999a; 59 FR 56333; HINHP Database 2000; GDSI 2000).
    On Molokai, Sesbania tomentosa is found in Scaevola sericea coastal 
dry shrubland on windswept slopes, sea cliffs and weathered basaltic 
slopes between sea level and 516 m (0 and 1,692 ft) elevation. 
Associated plant species include Lipochaeta integrifolia, Jacquemontia 
sandwicensis, Sida fallax, or Dodonaea viscosa (HINHP Database 2000; 
Service 1999a).
    The primary threats to Sesbania tomentosa on Molokai are 
competition with various non-native plant species, such as Lantana 
camara, and grass species; habitat degradation by feral cattle; lack of 
adequate pollination; seed predation by rats, mice and, potentially, 
non-native insects; and destruction by random environmental events 
(e.g., fire) and by human activities (e.g., use of off-road vehicles) 
(59 FR 56333; Service 1999a).

Silene lanceolata (NCN)

    Silene lanceolata, a member of the pink family (Caryophyllaceae), 
is an upright, perennial plant with stems 15 to 50 cm (6 to 20 in) 
long, which are woody at the base. The narrow leaves are smooth except 
for a fringe of hairs near the base. Flowers are arranged in open 
clusters. The flowers are white with deeply-lobed, clawed petals. The 
capsule opens at the top to release reddish-brown seeds. This species 
is distinguished from S. alexandri, the only other member of the genus 
found on Molokai, by its smaller flowers and capsules and its stamens, 
which are shorter than the sepals (Wagner et al. 1999).
    Currently, no life history information is available for this 
species (Service 1996a).
    The historical range of Silene lanceolata includes five Hawaiian 
Islands: Kauai, Oahu, Molokai, Lanai, and Hawaii Island. Silene 
lanceolata is presently extant on the islands of Molokai, Oahu, and 
Hawaii. On Molokai, a single population of approximately 100 
individuals was found in 1987 on private land near Puu Kolekole (K. 
Wood, in litt. 1999; GDSI 2000; Service 1996a).
    On Molokai, Silene lanceolata grows on gulch slopes, ridge tops, 
and cliffs in dry to mesic shrubland between 581 and 1,043 m (1,905 and 
3,421 ft) elevation. Associated native plant species include 
Metrosideros polymorpha, Bidens menziesii, Schiedea spp. (NCN), Carex 
wahuensis, Diospyros sandwicensis, Dodonaea viscosa, Styphelia 
tameiameiae, or Dubautia linearis (Service 1996a; K. Wood, in litt. 
1999; J. Lau, in litt. 2001).
    Habitat destruction by feral ungulates (goats and pigs), wildfires, 
and competition by invading non-native plants are immediate threats to 
Silene lanceolata on Molokai (57 FR 46325; Service 1996a).

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

[[Page 16508]]

branching clusters with each flower on a stalk. This species differs 
from other native members of the genus by being generally prickly and 
having loosely clustered white flowers, curved anthers about 2 mm (0.08 
in.) long, and berries 1 to 2 cm (0.4 to 0.8 in.) in diameter (Symon 
1999).
    Little is known about the life history of Solanum incompletum. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (59 FR 56333).
    Historically, Solanum incompletum was known from Lanai, Maui, and 
the island of Hawaii. According to David Symon (1999), the known 
distribution of Solanum incompletum also extended to the islands of 
Kauai and Molokai. Currently, Solanum incompletum is only known from 
the island of Hawaii. There are no element occurrence records for this 
species on Molokai so it is unclear when the last individual was 
collected (HINHP Database 2000).
    Nothing is known of the preferred habitat of, native plant species 
associated with Solanum incompletum, or threats to Solanum incompletum 
on the island of Molokai.

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-
inflorescence arising from the stem, opposite the leaves. Spermolepis 
hawaiiensis is the only member of the genus native to Hawaii. It is 
distinguished from other native members of the family by being a non-
succulent annual with an umbrella-shaped inflorescence (Constance and 
Affolter 1999).
    Little is known about the life history of Spermolepis hawaiiensis. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999a).
    Historically, Spermolepis hawaiiensis was known from Kauai, Oahu, 
Lanai and the island of Hawaii. Currently, it is extant on Kauai, Oahu, 
Molokai, Lanai, Maui, and Hawaii. On Molokai, there is one known 
population with approximately 600 individuals on privately owned land 
in Kamalo (59 FR 56333; HINHP Database 2000; GDSI 2000; Service 1999a).
    On Molokai, Spermolepis hawaiiensis is known from ridge crests and 
gulch slopes in dry to mesic shrublands between 432 and 972 m (1,416 
and 3,188 ft) elevation. Associated plant species include Dodonaea 
viscosa, Metrosideros polymorpha, or Styphelia tameiameiae (J. Lau, in 
litt. 2001).
    The primary threats to Spermolepis hawaiiensis on Molokai are 
habitat degradation by feral goats; competition with various non-native 
plants, such as Melinis minutiflora, Lantana camara, and grasses; and 
habitat destruction and extinction due to natural environmental events 
such as erosion, landslides, and rockslides due to natural weathering 
(59 FR 56333; Service 1999a).

Vigna o-wahuensis (NCN)

    Vigna o-wahuensis, a member of the pea family (Fabaceae), is a 
slender twining short-lived perennial herb with fuzzy stems. Each leaf 
is made up of three leaflets, which vary in shape from round to linear, 
and are sparsely or moderately covered with coarse hairs. Flowers, in 
clusters of one to four, have thin, translucent, pale yellow or 
greenish yellow petals. The two lowermost petals are fused and appear 
distinctly beaked. The sparsely hairy calyx has asymmetrical lobes. The 
fruits are long slender pods that may or may not be slightly inflated 
and contain 7 to 15 gray to black seeds. This species differs from 
others in the genus by its thin yellowish petals, sparsely hairy calyx, 
and thin pods, which may or may not be slightly inflated (Geesink et 
al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (Service 1999a).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, and 
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 Molokai, two populations with 
approximately 16 individuals occur on privately owned lands at Onini 
Gulch and Makolelau (GDSI 2000; Service 1999a; HINHP Database 2000).
    On Molokai, Vigna o-wahuensis occurs in dry to mesic grassland and 
shrubland between 516 and 1,041 m (1,692 and 3,414 ft) elevation. 
Associated plant species include Chenopodium oahuense, Cyperus 
laevigatus (makaloa), Eragrostis variabilis, Heteropogon contortus, 
Ipomoea sp. (morning glory), Scaevola sericea, Sida fallax, Vitex 
rotundifolia (pohinahina), Dodonaea viscosa, or Styphelia tameiameiae 
(Geesink et al. 1999; HINHP Database 2000; Service 1999a).
    The primary threats to Vigna o-wahuensis on Molokai are competition 
with various non-native plant species; and a risk of extinction due to 
random environmental events (primarily fire), and/or reduced 
reproductive vigor due to the small number of existing populations and 
individuals (Service 1999a; 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 
citrus family (Rutaceae). Alternate leaves are composed of three small 
triangular-oval to lance-shaped, toothed leaves (leaflets) with 
surfaces usually without hairs. Zanthoxylum hawaiiense is distinguished 
from other Hawaiian members of the genus by several characters: three 
leaflets all of similar size, one joint on lateral leaf stalk, and 
sickle-shape fruits with a rounded tip (Stone et al. 1999).
    Additional information on the life history of this plant, 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown (Service 1996b).
    Historically, Zanthoxylum hawaiiense was known from the islands of 
Kauai, Molokai, Lanai, southern and southwestern slopes of Haleakala on 
Maui, and Hawaii. Currently, Zanthoxylum hawaiiense is extant on Kauai, 
Molokai, Maui, and Hawaii. On Molokai, the two extant populations with 
a total of five individuals are located at Makolelau and Puu Hoi Ridge 
on private lands (HINHP Database 2000; GDSI 2000).
    On Molokai, Zanthoxylum hawaiiense is found on gulch slopes in 
mesic Metrosideros polymorpha or Diospyros sandwicensis forest between 
754 and 1,084 m (2,473 and 3,555 ft) elevation. Associated species 
include Dodonaea viscosa, Styphelia tameiameiae, Pleomele auwahiensis, 
Nestegis sandwicensis, Alyxia oliviformis, Osteomeles anthyllidifolia, 
Psychotria spp., or Myrsine lanaiensis (Stone et al. 1999; 59 FR 10305; 
HINHP Database 2000; J. Lau, in litt. 2001).
    The threats to Zanthoxylum hawaiiense on Molokai include browsing, 
grazing, and trampling by feral goats; competition with non-native 
plant species; habitat degradation and destruction by humans; and 
extinction from naturally occurring events (primarily fire) and/or from 
reduced reproductive vigor due to the small

[[Page 16509]]

number of individuals and populations (59 FR 10305; Service 1996b).
    A summary of populations and landownership for the 51 plant species 
reported from the island of Molokai is given in Table 3.

 Table 3.--Summary of Existing Populations Occurring on Molokai, and Landownership for 51 Species Reported From
                                                     Molokai
----------------------------------------------------------------------------------------------------------------
                                                          Number of                   Landownership
                       Species                             current     -----------------------------------------
                                                         populations       Federal        State        Private
----------------------------------------------------------------------------------------------------------------
Adenophorus periens..................................               1                                         X
Alectryon macrococcus................................               3                           X             X
Bidens wiebkei.......................................               3                                         X
Brighamia rockii.....................................               4                           X             X
Bonamia menzeisii....................................               0
Canavalia molokaiensis...............................               5                          X*             X
Centaurium sebaeoides................................               5                          X*             X
Clermontia oblongifolia ssp. brevipes................               3                                         X
Ctenitis squamigera..................................               1                                         X
Cyanea dunbarii......................................               1                           X
Cyanea grimesiana ssp. grimesiana....................               2                           X
Cyanea mannii........................................               5                           X             X
Cyanea procera.......................................               2                           X             X
Cyperus trachysanthos................................               0
Diellia erecta.......................................               3                                         X
Diplazium molokaiense................................               0
Eugenia koolauensis..................................               0
Flueggea neowawraea..................................               0
Hedyotis mannii......................................               1                                         X
Hesperomannia arborescens............................               1                                         X
Hibiscus arnottianus ssp. immaculatus................               2                           X             X
Hibiscus brackenridgei...............................               0
Ischaemum byrone.....................................               2                                         X
Isodendrion pyrifolium...............................               0
Labordia triflora....................................               1                                         X
Lysimachia maxima....................................               2                                         X
Mariscus fauriei.....................................               1                           X
Marsilea villosa.....................................               4                           X             X
Melicope mucronulata.................................               1                                         X
Melicope munroi......................................               0
Melicope reflexa.....................................               3                           X             X
Neraudia sericea.....................................               1                                         X
Peucedanum sandwicense...............................               4                          X*             X
Phyllostegia mannii..................................               1                                         X
Phyllostegia mollis..................................               0
Plantago princeps....................................               1                                         X
Platanthera holochila................................               1                                         X
Pritchardia munroi...................................               1                                         X
Pteris lidgatei......................................               0
Schiedea lydgatei....................................               4                           X             X
Schiedea nuttallii...................................               1                                         X
Schiedea sarmentosa..................................               2                                         X
Sesbania tomentosa...................................               6                           X             X
Silene alexandri.....................................               0
Silene lanceolata....................................               1                                         X
Solanum incompletum..................................               0
Spermolepis hawaiiensis..............................               1                                         X
Stenogyne bifida.....................................               5                                         X
Tetramolopium rockii.................................               3                          X*             X
Vigna o-wahuensis....................................               2                                         X
Zanthoxylum hawaiiense...............................               2                                        X
----------------------------------------------------------------------------------------------------------------
* Some populations are on State land that is managed by the National Park Service at Kalaupapa National
  Historical Park and/or the U.S. Coast Guard Reservation at Kalaupapa.

Previous Federal Action

    Federal action on these plants began as a result of Section 12 of 
the Act which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Adenophorus periens, Alectryon macrococcus (as Alectryon 
macrococcum var. macrococcum and Alectryon mahoe), Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Hedyotis mannii (as Hedyotis 
thyrsoidea var. thyrsoidea), Hesperomannia arborescens (as 
Hesperomannia arborescens var. bushiana and var. swezeyi), Hibiscus 
arnottianus ssp. immaculatus (as Hibiscus immaculatus), Ischaemum 
byrone, Marsilea villosa, Melicope reflexa (as Pelea reflexa), Neraudia 
sericea (as Neraudia kahoolawensis), Peucedanum

[[Page 16510]]

sandwicense (as Peucedanum kauaiense), Plantago princeps (as Plantago 
princeps var. elata, var. laxifolia, var. princeps), Sesbania tomentosa 
(as Sesbania hobdyi and Sesbania tomentosa var. tomentosa), Silene 
alexandri, Silene lanceolata, Vigna o-wahuensis (as Vigna sandwicensis 
var. heterophylla and var. sandwicensis), and Zanthoxylum hawaiiense 
(as Zanthoxylum hawaiiense var. citiodora) were considered endangered; 
Diellia erecta and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense 
var. hawaiiense and var. velutinosum) were considered threatened; and, 
Labordia triflora, Melicope mucronulata (as Pelea mucronulata), 
Plantago princeps (as Plantago princeps var. acaulis, var. denticulata, 
and var. queleniana), and Tetramolopium rockii were considered to be 
extinct. On July 1, 1975, the Service published a notice in the Federal 
Register (40 FR 27823) of our acceptance of the Smithsonian report as a 
petition within the context of Section 4(c)(2) (now Section 4(b)(3)) of 
the Act, and gave notice of our intention to review the status of the 
plant taxa named therein. As a result of that review, on June 16, 1976, 
we published a proposed rule in the Federal Register (41 FR 24523) to 
determine endangered status pursuant to Section 4 of the Act for 
approximately 1,700 vascular plant taxa, including all of the above 
taxa except Labordia triflora and Melicope munroi. The list of 1,700 
plant taxa was assembled on the basis of comments and data received by 
the Smithsonian Institution and the Service in response to House 
Document No. 94-51 and the July 1, 1975, Federal Register publication.
    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 51 plant species in the 1980-1996 notices of 
review can be found in Table 4(a). We listed the 51 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 51 Plant Species From Molokai
----------------------------------------------------------------------------------------------------------------
                                                              Federal Register Notice of Review
                  Species                  ---------------------------------------------------------------------
                                                1980          1985          1990          1993          1996
----------------------------------------------------------------------------------------------------------------
Adenophorus periens.......................             C1            C1            C1
Alectryon macrococcus.....................             C1            C1            C1
Bidens wiebkei............................             C1            C1            C1
Bonamia menziesii.........................             C1            C1            C1
Brighamia rockii..........................             C1            C1            C1
Canavalia molokaiensis....................             C1            C1            C1
Centaurium sebaeoides.....................  ............  ............             C1
Clermontia oblongifolia ssp. brevipes.....  ............  ............             C1
Ctenitis squamigera.......................             C1            C1            C1
Cyanea dunbarii
Cyanea grimesiana ssp. grimesiana.........             C1            C1                          C2
Cyanea mannii.............................  ............  ............             C1
Cyanea procera............................  ............  ............             C1*
Cyperus trachysanthos.....................  ............  ............  ............             C2
Diellia erecta............................             C1            C1            C1
Diplazium molokaiense.....................             C1*           C1*           C1
Eugenia koolaeuensis......................             C1            C1            C1*           C2*
Flueggea neowawraea.......................             C1            C1            C1
Hedyotis mannii...........................             C1*           C1*           C1
Hesperomannia arborescens.................             C1            C1            C1
Hibiscus arnottianus ssp. immaculatus.....             C1            C1            C1
Hibiscus brackenridgei....................             C1            C1            C1
Ischaemum byrone..........................             C1            C1            C1
Isodendrion pyrifolium....................             C1            C1            C1           3C
Labordia triflora.........................             C2            C2                          C
Lysmachia maxima..........................  ............  ............             C2            C2
Mariscus fauriei..........................  ............  ............             C1
Marsilea villosa..........................             C1            C1            C1
Melicope mucronulata......................             C1            C1            C1
Melicope munroi...........................             C1*           C1*           C2            C2
Melicope reflexa..........................             C1            C1            C1
Neraudia sericea..........................           3A            3A              C1
Peucedanum sandwicense....................             C2            C2            C2
Phyllostegia mannii.......................  ............  ............             C1
Phyllostegia mollis.......................
Plantago princeps.........................             C2            C2            C1
Platanthera holochila.....................             C1            C1            C1            C2
Pritchardia munroi........................             C1            C1            C1
Pteris lidgatei...........................            3C            3C
Schiedea lydgatei.........................  ............             C1            C1
Schiedea nuttallii........................  ............  ............  ............             C2
Schiedea sarmentosa.......................  ............  ............             C2            C2
Sesbania tomentosa........................             C1*           C1*           C1

[[Page 16511]]

 
Silene alexandri..........................             C1            C1            C1
Silene lanceolata.........................             C1            C1            C1
Solanum incompletum.......................             C1*           C1*           C1
Spermolepis hawaiiensis...................  ............  ............             C1
Stenogyne bifida..........................  ............  ............             C1
Tetramolopium rockii......................             C1            C1            C1
Vigna o-wahuensis.........................             C1            C1            C1
Zanthoxylum hawaiiense....................             C1            C1            C1
----------------------------------------------------------------------------------------------------------------
Key:
C1: Taxa for which the Service has on file enough sufficient information on biological vulnerability and
  threat(s) to support proposals to list them as endangered or threatened species.
C1*: Taxa of known vulnerable status in the recent past that may already have become extinct.
C2: Taxa for which there is some evidence of vulnerability, but for which there are not enough data to support
  listing proposals at this time.
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. Taxa's continued existence in doubt, i.e. may be extinct.
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 perviously believed and/or those that are not
  subject to any identifiable threat.
Federal Register Notices of Review:
1980: 45 FR 82479
1985: 50 FR 39525
1990: 55 FR 6183
1993: 58 FR 51144
1996: 61 FR 7596


                                        Table 4(b).--Summary of Listing Actions for 51 Plant Species From Molokai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Proposed rule                     Final rule                   Proposed critical habitat
            Species                 Federal    ---------------------------------------------------------------------------------------------------------
                                     status        Date      Federal  Register      Date      Federal  Register     Date          Federal  Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adenophorus periens............  E                09/14/93  58 FR 48012            11/10/94  59 FR 56333           11/07/00  65 FR 66808.
                                                                                                                   12/27/00  65 FR 82086.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   03/04/02  67 FR 9806.
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Bidens wiebkei.................  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Bonamia menzeisii..............  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.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Brighamia rockii...............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Canavalia molokaiensis.........  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Clermontia oblongifolia ssp.     E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
 brevipes.
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 82086.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   03/04/02  67 FR 9806.
Cyanea dunbarii................  E                10/02/95  60 FR 51436            10/10/96  61 FR 53130           12/29/00  65 FR 83158.

[[Page 16512]]

 
Cyanea grimesiana ssp.           E                10/02/95  60 FR 51417            10/10/96  61 FR 53108           12/18/00  65 FR 79192.
 grimesiana.                                                                                                       12/27/00  65 FR 82086.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Cyanea mannii..................  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Cyanea procera.................  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Cyperus trachysanthos..........  E                10/02/95  60 FR 51417            10/10/96  61 FR 53108           11/07/00  65 FR 66808.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   03/04/02  67 FR 9806.
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Diplazium molokaiense..........  E                12/14/92  57 FR 39066            06/27/94  59 FR 32932           12/18/00  65 FR 79192.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Eugenia koolauensis............  E                10/02/95  60 FR 51398            10/10/96  61 FR 53089
Flueggea neowawraea............  E                09/14/93  58 FR 48012            11/10/94  59 FR 56333           11/07/00  65 FR 66808.
                                                                                                                   12/18/01  65 FR 79192.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
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 83158.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
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 83158.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Hibiscus arnottianus ssp.        E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
 immaculatus.
Hibiscus brackenridgei.........  E                09/28/90  55 FR 39664            10/29/91  56 FR 55770           12/18/00  65 FR 79192.
                                                                                                                   12/27/00  65 FR 82086.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Isodendrion pyrifolium.........  T                10/02/95  60 FR 51417            10/10/96  61 FR 53108           01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
Labordia triflora..............  E                05/15/97  62 FR 26757            09/03/99  64 FR 48307           12/29/00  65 FR 83158.
Lysmachia maxima...............  E                10/02/95  60 FR 51436            10/10/96  61 FR 53130           12/29/00  65 FR 83158.
Mariscus fauriei...............  E                12/17/92  57 FR 59951            03/04/94  59 FR 10305           12/29/00  65 FR 83158.
Marsilea villosa...............  E                02/15/91  56 FR 6349             06/22/92  57 FR 27863           12/29/00  65 FR 83158.
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 83158.
                                                                                                                   04/03/02  [To be published].
Melicope munroi................  E                05/15/97  62 FR 26757            09/03/99  64 FR 48307           12/27/00  65 FR 82086.
                                                                                                                   03/04/02  67 FR 9806.
Melicope reflexa...............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
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 83158.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Peucedanum sandwicense.........  T                10/30/91  56 FR 55862            02/25/94  59 FR 9304            11/07/00  65 FR 66808.
                                                                                                                   12/18/00  65 FR 79192.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
Phyllostegia mannii............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           04/03/02  [To be published].
Phyllostegia mollis............  E                10/02/95  60 FR 51398            10/10/96  61 FR 53089           12/18/00  65 FR 79192.
                                                                                                                   04/03/02  [To be published].

[[Page 16513]]

 
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
Pritchardia munroi.............  E                10/08/92  57 FR 46325            09/20/91  56 FR 47718
Pteris lidgatei................  E                10/02/95  60 FR 51398            10/10/96  61 FR 53089           12/18/00  65 FR 79192.
                                                                                                                   04/03/02  [To be published].
Schiedea lydgatei..............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Schiedea nuttallii.............  E                10/02/95  60 FR 51417            10/10/96  61 FR 53108           12/29/00  65 FR 83158.
Schiedea sarmentosa............  E                10/02/95  60 FR 51436            10/10/96  61 FR 53130           12/29/00  65 FR 83158.
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.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Silene alexandri...............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Silene lanceolata..............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
Solanum incompletum............  E                09/14/93  58 FR 48012            11/10/94  59 FR 56333           01/28/02  67 FR 3940.
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.
                                                                                                                   12/29/00  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
Stenogyne bifida...............  E                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
Tetramolopium rockii...........  T                09/20/91  56 FR 47718            10/08/92  57 FR 46325           12/29/00  65 FR 83158.
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 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
                                                                                                                   03/04/02  67 FR 9806.
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  65 FR 83158.
                                                                                                                   01/28/02  67 FR 3940.
                                                                                                                   04/03/02  [To be published].
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 two of these plants (Labordia triflora and Melicope munroi) 
and not prudent for the other 49 plants because it would not benefit 
the plant and/or would increase the degree of threat to the species.
    The not prudent determinations for the 49 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 49 of the 51 species reported from Molokai. 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

[[Page 16514]]

consultation requirement of the Act, the court ruled that we failed to 
consider the specific effect of the consultation requirement on each 
species (id. at 1286-88). In addition, the court stated that we did not 
consider benefits outside of the consultation requirements. In the 
court's view, these potential benefits include substantive and 
procedural protections. The court held that, substantively, designation 
establishes a ``uniform protection plan'' prior to consultation and 
indicates where compliance with section 7 of the Act is required. 
Procedurally, the court stated that the designation of critical habitat 
educates the public, State, and local governments and affords them an 
opportunity to participate in the designation (id. at 1288). The court 
also stated that private lands may not be excluded from critical 
habitat designation even though section 7 requirements apply only to 
Federal agencies. In addition to the potential benefit of informing the 
public, State, and local governments of the listing and of the areas 
that are essential to the species' conservation, the court found that 
there may be Federal activity on private property in the future, even 
though no such activity may be occurring there at the present (id. at 
1285-88).
    On August 10, 1998, the court ordered us to publish proposed 
critical habitat designations or non-designations for at least 100 
species by November 30, 2000, and to publish proposed designations or 
non-designations for the remaining 145 species by April 30, 2002 (24 F. 
Supp. 2d 1074).
    At the time we listed Labordia triflora and Melicope munroi (64 FR 
48307) we determined that designation of critical habitat was prudent 
and that we would develop critical habitat designations for these two 
taxa, along with eight others, at the same time we developed 
designations for the 245 Hawaiian plant species. This timetable was 
challenged in Conservation Council for Hawaii v. Babbitt, Civ. No. 99-
00283 HG (D. Haw. Aug. 19, 1999, Feb. 16, 2000, and March 28, 2000). 
The court agreed, however, that it was reasonable for us to integrate 
these ten Maui Nui (Maui, Lanai, Molokai, and Kahoolawe) plant taxa 
into the schedule established for designating critical habitat for the 
other 245 Hawaiian plants, and ordered us to publish proposed critical 
habitat designations for the ten Maui Nui species by November 30, 2000, 
and to publish final critical habitat designations by November 30, 
2001.
    On November 30, 1998, we published a notice in the Federal Register 
requesting public comments on our reevaluation of whether designation 
of critical habitat is prudent for the 245 Hawaiian plants at issue (63 
FR 65805). The comment period closed on March 1, 1999, and was reopened 
from March 24, 1999, to May 24, 1999 (64 FR 14209). We received more 
than 100 responses from individuals, non-profit organizations, the 
State of Hawaii 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 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 February 18, 2000, we mailed letters to more than 100 landowners 
on the island of Molokai requesting any information considered germane 
to the management of any of the 51 plants on his/her property, and 
containing a copy of the November 30, 1998, Federal Register notice, a 
map showing the general locations of the plants that may be on his/her 
property, and a handout containing general information on critical 
habitat. We received 25 written responses to our landowner mailing with 
varying types of information on their current land management 
activities. These responses included information on the following: 
fencing, weeding, ungulate control, hunting, control of human access, 
scientific research, fire control, and propagation and/or planting of 
native plants. We held one open house on the island of Molokai, at the 
Mitchell Pauole Community Center, on March 15, 2000, to meet one-on-one 
with local landowners and other interested members of the public. A 
total of 14 people attended the open house. In addition we met with 
Maui County Division of Forestry and Wildlife staff and discussed their 
management activities on the island.
    On December 29, 2000, we published the fourth of the court-ordered 
prudency determinations for 19 species and proposed critical habitat 
designations or non-designations for 32 Molokai plants (65 FR 83158). 
The prudency determinations and proposed critical habitat designations 
for Kauai and Niihau plants were published on November 7, 2000 (65 FR 
66808), for Maui and Kahoolawe plants on December 18, 2000 (65 FR 
82086), and for Lanai plants on December 27, 2000 (65 FR 82086). 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 for 47 species 
(Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, Brighamia 
rockii, Canavalia molokaiensis, Centaurium sebaeoides, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Diellia erecta, Diplazium molokaiense, Flueggea neowawraea, Hedyotis 
mannii, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Hibiscus brackenridgei, Ischaemum byrone, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Marsilea villosa, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Phyllostegia mollis, Plantago 
princeps, Platanthera holochila, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium 
rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense) that are 
reported from Molokai as well as Kauai, Niihau, Maui, Kahoolawe, and 
Lanai.
    In the December 29, 2000, proposal we determined that it was 
prudent to designate approximately 6,165 ha (15,230 ac) on Molokai as 
critical habitat. The publication of the proposed rule opened a 60-day 
public comment period, which closed on February 27, 2001. On February 
22, 2001, we published a notice (66 FR 11132) announcing the reopening 
of the comment period until April 2, 2001, on the proposal to designate 
critical habitat for plants from Molokai and a notice of a public 
hearing. On March 21, 2001, we

[[Page 16515]]

held a public hearing at the Mitchell Pauole Center Hall, Molokai.
    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 (67 FR 3940) (Kauai revised proposal), we determined that 
designation of critical habitat was prudent for Isodendrion pyrifolium 
and Solanum incompletum, two species reported from Molokai as well as 
Kauai, Maui, and Lanai. The designation of critical habitat is proposed 
for Isodendrion pyrifolium on Molokai. On March 4, 2002 (67 FR 9806) 
and XX Maui revised proposal, we published revised proposals for plants 
from Lanai, and Maui and Kahoolawe, and Lanai, respectively. 
Publication of this revised proposal for plants from Molokai is 
consistent with the court-ordered stipulation.

Summary of Comments and Recommendations

    In the December 29, 2000, proposed rule (65 FR 83158), 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 27, 2001. We reopened the comment period from 
February 22, 2001 to April 2, 2001 (66 FR 11132), to accept comments on 
the proposed designations and to hold a public hearing on March 21, 
2001, in Kaunakakai Molokai.
    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, The Dispatch, and the Molokai Advertiser-News on March 1, 
2001. 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 Honolulu 
Advertiser, The Dispatch, and the Molokai Advertiser-News on March 1, 
2001. A transcript of the hearing held in Kaunakakai, Molokai on March 
21, 2001, is available for inspection (see ADDRESSES section).
    We requested three botanists who have familiarity with Molokai 
plants to peer review the proposed critical habitat designations. One 
reviewer submitted comments on the proposed critical habitat 
designations, providing updated biological information, critical 
review, and editorial comments.
    We received a total of three oral and five written comments during 
the two comment periods. These included responses from three State 
offices and five private organizations or individuals. We reviewed all 
comments received for substantive issues and new information regarding 
critical habitat and the Molokai plants. Of the eight comments we 
received, five supported designation, two were opposed, and one 
provided information but declined to oppose or support the designation. 
Similar comments were grouped into six general issues relating 
specifically to the proposed critical habitat determinations. These are 
addressed in the following summary.

Issue 1: Biological Justification and Methodology

    (1) Comment: The designation of critical habitat in unoccupied 
habitat is particularly important, since this may be the only mechanism 
available to ensure that Federal actions do not eliminate the habitat 
needed for the survival and recovery of extremely endangered species.
    Our Response: We agree. Our recovery plans for these species 
(Service 1995a, 1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c, 
1999, 2001) identify the need to expand existing populations and 
reestablish wild populations within their historical range. We have 
revised the December 29, 2000, proposal to designate critical habitat 
for 32 Molokai plant species 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 some of these species from Molokai.
    (2) Comment: The proposal provides very limited information on the 
criteria and data used to determine the areas proposed as critical 
habitat. For example, some of the data used by the Service was 30 years 
or older.
    Our Response: When developing the December 29, 2000, proposal to 
designate critical habitat for 32 plants from Molokai, we used the best 
scientific and commercial data available at the time, including but not 
limited to, information from the known locations, site-specific species 
information from the HINHP database and our own rare plant database; 
species information from the Center for Plant Conservation's (CPC) rare 
plant monitoring database housed at the University of Hawaii's Lyon 
Arboretum; the final listing rules for these species; information 
received at the informational open house held on Molokai at the 
Mitchell Pauole Center Hall on March 15, 2000; 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 island of Molokai; discussions with botanical 
experts; and recommendations from the Hawaii Pacific Plant Recovery 
Coordinating Committee (HPPRCC) (Service 1995a, 1995b, 1996a, 1996b, 
1996c, 1997, 1998a, 1998b, 1998c, 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 comes from the 
Geographic Information System (GIS) coverages (e.g. vegetation, soils, 
annual rainfall, elevation contours, land ownership); completed 
recovery plans, and information received during the public comment 
periods and public hearing (R. Hobdy, in litt. 2001; Service 1995a, 
1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c, 1999, 2001).
    (3a) Comment: The proposed critical habitat designations were not 
specific enough, and were over broad by including unsuitable habitat in 
degraded areas and therefore, failed to comply with Congressional 
intent to restrict critical habitat to those areas ``essential to the 
conservation of the species.'' (3b) The designation was not inclusive 
enough and failed to include areas that Molokai plants have used and 
are necessary for recovery of the species.
    Our Response: The presence of non-native plants 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 scientific information available to 
develop the December 29, 2000, proposal to designate critical habitat 
for 32 Molokai plants. This information is detailed above in our 
response to Comment (2).
    We have revised the proposed designations published in the December

[[Page 16516]]

29, 2000, proposal for Molokai plants to incorporate new information, 
and address comments and new information received during the comment 
periods. 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.
    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.
    (4) Comment: The Service avoided a statutory obligation to 
determine whether the benefits of excluding particular areas (e.g., 
areas with conservation agreements, licenses with Department of 
Hawaiian Homelands, protection plans, etc.) from critical habitat 
designation outweigh the benefits of including each area.
    Our Response: Section 4(b)(2) of the Act requires that we consider 
the economic and other impacts of critical habitat designation and 
allows us to areas when the benefits of exclusion outweigh the benefits 
of designation, provided the exclusion will not result in the 
extinction of the species. We base our decision to exclude an area from 
critical habitat designation on the best scientific data available, 
taking into consideration the economic and other impacts of specifying 
any particular area as critical habitat. We will complete an economic 
analysis on this proposed rule, and consider the results of this 
analysis and comments received on the analysis and the new proposed 
rule. We will use that economic analysis as well as all other 
information about potential impacts of the designation in determining 
whether exclusions under section 4(b)(2) are appropriate (see 50 CFR 
424.19).
    We will provide technical assistance and work closely with 
applicants throughout the development of any future Habitat 
Conservation Plans (HCPs) or other conservation plans to identify lands 
essential for the long-term conservation of the Molokai plants and 
appropriate management for those lands. If an HCP or other conservation 
management plan is approved by us, we will reassess the critical 
habitat boundaries in light of the conservation plan. We will seek to 
undertake this review when an HCP or conservation management plan is 
approved, but funding constraints may influence the timing of such a 
review.

Issue 2: Site-Specific Biological Comments

    (5) Comment: Critical habitat should be designated for Pritchardia 
munroi or loulu palm species if the units are of adequate ecological 
size and because the habitat is too inaccessible and remote for 
vandals.
    Our Response: We have revised the December 29, 2000, proposal to 
designate critical habitat for 32 plants from Molokai to incorporate 
new information, and address comments and new information received 
during the comment periods. However, no additional information was 
provided during the comment periods that would ensure the protection of 
Pritchardia munroi from vandalism or collection if critical habitat was 
designated for this species on Molokai. As previously discussed in the 
December 29, 2000, proposal, we believe that the benefits of 
designating critical habitat do not outweigh the potential increased 
threats from vandalism or collection of Pritchardia munroi. Several 
nurseries advertise and sell Pritchardia palms, including Pritchardia 
munroi and six other Federally listed Pritchardia species. Given the 
considerations described in the November 7, 2000, and December 29, 
2000, proposals regarding instances of vandalism, collection, and 
commercial trade of Hawaiian species of Pritchardia no change is made 
to the December 29, 2000, prudency determination for Pritcharida 
munroi.
    (6) Comment: Department of Hawaiian Homelands should be excluded 
from the critical habitat designation because plant protection and 
management plans are under development. (6b) Comment: Since critical 
habitat threats are being addressed, and management plans are in place, 
the Department of Hawaiian Homelands (DHHL) requests exclusion from 
Units D, E, H, K, and Y
    Our Response: We agree that endangered species management plans can 
provide special management for lands such that they no longer meet the 
definition of critical habitat. 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 provides: (1) 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) 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) 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 
accomplishes these things, 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.
    At this time we are not able to find that management on these lands 
is adequate to preclude proposed designations of critical habitat. We 
are aware that the State of Hawaii, the Department of Hawaiian 
Homelands, and other private landowners are considering the development 
of land management plans or agreements that may promote the 
conservation of endangered and threatened plant species on the island 
of Molokai. We support these efforts, and we view such plans as 
important in helping meet species recovery goals, and ultimately can 
result in delisting of the species. We intend to work closely with any 
interested landowner or land manager in the development of conservation 
planning efforts for these, and other, endangered and threatened 
plants. If new information indicates any of these areas should not be 
included in the critical habitat designations because they no longer 
meet the definition of critical habitat, we may revise the proposed 
critical habitat designations in this proposal to exclude these areas. 
We agree that implementation of management actions for the conservation 
of these species should proceed; however, both the Act and the relevant 
court order requires us to proceed with designation at this time based 
on the best information available.
    (7) Comment: The State of Hawaii identified specific areas that 
they

[[Page 16517]]

thought should not be designated as critical habitat.
    Our Response: During the public comment periods for the December 
29, 2000, proposal for plants from Molokai, we received written 
comments and a map showing the DOFAW's vegetation classes and 
recommended critical habitat units. We have revised the December 29, 
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. 
DOFAW recommended deletion of some of the proposed critical habitat 
units as they do not believe these areas are suitable for the recovery 
of some species because they (DOFAW) would not be able to manage these 
areas with their limited staff and funding. Because the basis for 
identifying areas by DOFAW was made on the manageability of the area, 
their mapping of habitat is distinct from the regulatory designation of 
critical habitat as defined by the Act.

Issue 3: Legal Issues

    (8) Comment: A premise for the proposed rule is that the Service 
was ordered by the court on August 10, 1998, to designate critical 
habitat by November 30, 2000. The proposal was published on December 
29, 2000. Thus, the Service is negligent in meeting its court ordered 
deadline.
    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 (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 on the December 29, 2000, 
proposal for plants from Molokai. The joint stipulation was approved 
and ordered by the court on October 5, 2001. Publication of this 
revised proposal for plants from Molokai is consistent with the joint 
stipulation.
    (9) Comment: The Service should designate critical habitat for 
Moomomi, Pelekunu, and Kamakou Preserves since excluding them 
potentially violates the mandatory duty to designate critical habitat 
``to the maximum extent prudent and determinable.'' 16 U.S.C. 
1533(a)(3).
    Our Response: Critical habitat is defined in section 3 of the Act 
as: (i) The specific areas within the geographical area occupied by a 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features (I) essential to the 
conservation of the species and (II) that may require special 
management consideration or protection; and (ii) specific areas outside 
the geographical area occupied by a species at the time it is listed, 
upon a determination that such areas are essential for the conservation 
of the species. ``Conservation'' means the use of all methods and 
procedures that are necessary to bring an endangered or threatened 
species to the point at which listing under the Act is no longer 
necessary.
    The Service found that the plants and their habitats within the 
Moomomi Preserve, Pelekunu Preserve, and Kamakou Preserve receive long-
term protection and management and, thus, these lands are not in need 
of additional special management considerations or protection. In our 
December 29, 2000, proposal we determined that the private lands within 
Moomomi Preserve, Kamakou Preserve, and Pelekunu Preserve do not meet 
the definition of critical habitat in the Act, and we did not propose 
designation of these lands as critical habitat. No change is made to 
this determination in this revised proposal and it is hereby 
incorporated by reference (65 FR 82086). Should the status of these 
preserves change, for example by nonrenewal of a partnership agreement 
or termination of funding, we will reconsider whether the lands within 
Moomomi, Kamakou, and Pelekunu preserves meet the definition of 
critical habitat. If so, we have the authority to proposed to amend 
critical habitat to include such area(s) at that time (50 CFR 
424.12(g)).

Issue 4: Mapping and Primary Constituent Elements

    (10a) Comment: The designated areas are too large. (10b) Comment: 
The units are not large enough, and don't allow for changes that occur 
during known environmental processes. (10c) Comment: The 586-meter 
radius is arbitrary and may not work for all species, natural 
communities, and habitats. (10d) Comment: The highly irregular and 
fragmented shape of proposed units make it difficult to determine if 
projects are within critical habitat.
    Our Response: Based on a review of new biological information and 
public comments received, we have revised the proposed designations 
published in the December 29, 2000, proposal for Molokai plants to 
incorporate new information, and address comments received during the 
comment periods. The 586 m (1,924 ft) radius circle used to delineate 
critical habitat for each species in the December 2000 proposal may not 
insure enough area to provide for the proper ecological functions of 
the habitat supporting the plant. In this revised proposal, areas that 
contain habitat necessary for 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). 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, radars, 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. The 
areas we are proposing to designate as critical habitat provide some or 
all of the habitat components essential for the conservation of 46 
plant species from Molokai.

Issue 5: Definition of Critical Habitat

    (11) Comment: Critical habitat is being designated in otherwise 
protected areas, such as State conservation lands.
    Our Response: In the November 7, 2000, proposal we examined all 
currently occupied sites containing one or more of the primary 
constituent elements considered essential to the conservation of the 
Molokai plant species to determine if additional special management 
considerations or protection are required above those currently 
provided. We reviewed all available management information on these 
plants at these sites, including published reports and surveys; annual 
performance and progress reports; management plans; grants; memoranda 
of understanding and cooperative agreements; DOFAW planning

[[Page 16518]]

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 island of Molokai 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 house held at Kaunakakai on the island of Molokai on March 15, 
2000. When clarification was required on the information provided to 
us, we followed up with a telephone contact. In addition, we reviewed 
new biological information and public comments received on the December 
29, 2000, proposal 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 provides: (1) 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) 
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) 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.
    Upon review of the above documents, we were not able to find that 
management on these lands was 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 island of Molokai. We 
support these efforts, and we view such plans as important in helping 
meet species recovery goals, and ultimately can result in delisting of 
the species. We intend to work closely with any interested landowner or 
land manager in the development of conservation planning efforts for 
these, and other, endangered and threatened plants. If new information 
indicates any of these areas should not be included in the critical 
habitat designations because they no longer meet the definition of 
critical habitat, we may revise the proposed critical habitat 
designations in this proposal to exclude these areas. We agree that 
implementation of management actions for the conservation of these 
species should proceed however, both the Act and the relevant court 
order requires us to proceed with designation at this time based on the 
best information available.

Issue 6: Effects of Designation

    (12) Comment: Designation of critical habitat will result in 
restrictions on subsistence hunting and State hunting programs funded 
under the Federal Aid in Wildlife Restoration Program (Pittman-
Robertson program).
    Our Response: We believe that game bird and mammal hunting in 
Hawaii is an important recreational and cultural activity, and we 
support the continuation of this tradition. The designation of critical 
habitat would not impose restrictions on state hunting programs except 
to the extent Federal funding is involved. The designation of critical 
habitat requires Federal agencies to consult under section 7 of the Act 
with us on actions they carry out, fund, or authorize that might 
destroy or adversely modify critical habitat. This requirement applies 
to us, including our distribution of funds 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.

Issue 7: Economic Issues

    (13) Comment: We should have been directly contacted for our 
opinions on the public hearing and 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. In addition, we will mail letters to 
landowners and other interested parties and publish notices in the 
local newspapers announcing the availability of the draft economic 
analysis and seeking public comment on the economic analysis and the 
proposed rule.

Summary of Changes From the Previous Proposal

    In previously published proposals we determined that critical 
habitat was prudent for 47 species reported from Molokai. No change is 
made to these 47 prudency determinations in this revised proposal and 
they are hereby incorporated by reference (65 FR 48307, 65 FR 66808, 65 
FR 79192, 65 FR 82086, 65 FR 83158, 67 FR 3940). In addition, at the 
time we listed Labordia triflora and Melicope munroi, we determined 
that the designation of critical habitat was prudent for these two taxa 
from Molokai (64 FR 48307).
    In this proposal we determined that designation of critical habitat 
is prudent for one species, Eugenia koolauensis, for which a prudency 
determination had not been made previously, and that no longer occurs 
on Molokai. This species is reported from Molokai and Oahu but is 
currently only known on Oahu.
    In this proposal, we propose designation of critical habitat for 46 
species: Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea 
procera, Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, 
Flueggea neowawraea, Hedyotis mannii, Hesperomannia arborescens, 
Hibiscus arnottianus ssp. immaculatus, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Labordia triflora, Lysimachia 
maxima, Mariscus fauriei, Marsilea villosa, Melicope mucronulata, 
Melicope reflexa, Neraudia sericea,

[[Page 16519]]

Peucedanum sandwicense, Phyllostegia mannii, Phyllostegia mollis, 
Plantago princeps, Platanthera holochila, Schiedea lydgatei, Schiedea 
nuttallii, Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, 
Silene lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, 
Tetramolopium rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense on 
the island of Molokai, based on new information and information 
received during the comment periods on the December 29, 2000, proposal. 
Critical habitat is not proposed for four of the 51 species (Bonamia 
menziesii, Cyperus trachysanthos, Melicope munroi, and Solanum 
incompletum) which no longer occur on the island of Molokai, and for 
which we are unable to identify any habitat that is essential their 
conservation on the island of Molokai. Critical habitat is not proposed 
for one species of loulu palm, Pritchardia munroi, for which we 
determined, on December 29, 2000, that critical habitat designation is 
not prudent because it would likely increase the threats from vandalism 
or collection of this species on Molokai. No change is made to that 
determination here.
    In this proposal, areas proposed as critical habitat are occupied 
by at least one species and some areas include some unoccupied habitat 
for one or more species.
    Based on a review of new biological information and public comments 
received we have revised our December 29, 2000, proposal to incorporate 
the following changes in addition to those described above: changes in 
our approach to delineating proposed critical habitat (see Criteria 
Used to Identify Critical Habitat); adjustment and refinement of 
previously identified critical habitat units to more accurately follow 
the natural topographic features and to avoid nonessential landscape 
features (agricultural crops, urban or rural development) without 
primary constituent elements; and, inclusion of new areas within the 
proposed critical habitat units that are essential for the conservation 
of one or more of the 46 plant species.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires conferences on 
Federal actions that are likely to result in the destruction or adverse 
modification of proposed critical habitat. Aside from the added 
protection that may be provided under section 7, the Act does not 
provide other forms of protection to lands designated as critical 
habitat. Because consultation under section 7 of the Act does not apply 
to activities on private or other non-Federal lands that do not involve 
a Federal nexus, critical habitat designation would not afford any 
additional regulatory protections under the Act.
    Critical habitat also provides non-regulatory benefits to the 
species by informing the public and private sectors of areas that are 
important for species recovery and where conservation actions would be 
most effective. Designation of critical habitat can help focus 
conservation activities for a listed species by identifying areas that 
contain the physical and biological features that are essential for the 
conservation of that species, and can alert the public as well as land-
managing agencies to the importance of those areas. Critical habitat 
also identifies areas that may require special management 
considerations or protection, and may help provide protection to areas 
where significant threats to the species have been identified to help 
to avoid accidental damage to such areas.
    In order to be included in a critical habitat designation, the 
habitat must first be ``essential to the conservation of the species.'' 
Critical habitat designations identify, to the extent known using the 
best scientific and commercial data available, habitat areas provide at 
least one of the physical or biological features essential to the 
conservation of the species (primary constituent elements, as defined 
at 50 CFR 424.12(b)). Section 3(5)(C) of the Act states that not all 
areas that can be occupied by a species should be designated as 
critical habitat unless the Secretary determines that all such areas 
are essential to the conservation of the species. Our regulations (50 
CFR 424.12(e)) also state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species.''
    Section 4(b)(2) of the Act requires that we take into consideration 
the economic impact, and any other relevant impact, of specifying any 
particular area as critical habitat. We may exclude areas from critical 
habitat designation when the benefits of exclusion outweigh the 
benefits of including the areas within critical habitat, provided the 
exclusion will not result in extinction of the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published on July 1, 1994 (59 FR 34271), provides criteria, 
establishes procedures, and provides guidance to ensure that decisions 
made by the Service represent the best scientific and commercial data 
available. It requires that our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, use primary and original sources of information as the 
basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should be the listing rule for the species. Additional 
information may be obtained from a recovery plan, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials.
    Section 4 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

[[Page 16520]]

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 19 species from the island of Molokai on December 29, 2000. 
These species are: Bidens wiebkei, Brighamia rockii, Canavalia 
molokaiensis, Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, 
Cyanea mannii, Cyanea procera, Hibiscus arnottianus ssp. immaculatus, 
Lysimachia maxima, Mariscus fauriei, Marsilea villosa, Melicope 
reflexa, Phyllostegia mannii, Schiedea lydgatei, Schiedea sarmentosa, 
Silene alexandri, Silene lanceolata, Stenogyne bifida, and 
Tetramolopium rockii. In proposals published on November 7, 2000, 
December 18, 2000, and December 27, 2000, we determined that 
designation of critical habitat was prudent for 19 plants that are 
reported from Molokai as well as from Kauai, Niihau, Maui, Kahoolawe, 
and Lanai. These 19 plants are: Adenophorus periens, Alectryon 
macrococcus, Centaurium sebaeoides, Ctenitis squamigera, Cyanea 
grimesiana ssp. grimesiana, Diellia erecta, Hedyotis mannii, 
Hesperomannia arborescens, Ischaemum byrone, Melicope mucronulata, 
Neraudia sericea, Peucedanum sandwicense, Plantago princeps, 
Platanthera holochila, Schiedea nuttallii, Sesbania tomentosa, 
Spermolepis hawaiiensis, Vigna o-wahuensis, and Zanthoxylum hawaiiense. 
No change is made to these 38 prudency determinations in this revised 
proposal and they are hereby incorporated by reference (64 FR 48307, 65 
FR 66808, 65 FR 79192, 65 FR 82086, 65 FR 83158). In addition, at the 
time we listed Labordia triflora and Melicope munroi, on September 3, 
1999, we determined that the designation of critical habitat was 
prudent for these two taxa from Molokai (64 FR 48307).
    No change is made here to the prudency determination for 
Pritchardia munroi, published in the December 29, 2000, proposal and 
hereby incorporated by reference (65 FR 83158). Since publication of 
the listing rule for Pritchardia munroi, we received information on the 
commercial trade in palms conducted through the internet (Grant 
Canterbury, USFWS, in litt. 2000). Several nurseries advertise and sell 
seedlings and young plants, including 13 species of Hawaiian 
Pritchardia. Seven of these species are federally protected, including 
Pritchardia munroi. In light of this information, we believe that 
designation of critical habitat would likely increase the threat from 
vandalism or collection to this species of Pritchardia on Molokai. 
Given the considerations described in the December 29, 2000, proposal, 
we determined that the benefits of designating critical habitat 
designation did not outweigh the potential increased threats from 
vandalism or collection, and, therefore, that designation of critical 
habitat for Pritchardia munroi was not prudent. During the public 
comment periods for the December 29, 2000, proposal one commenter 
suggested that critical habitat should be designated for this species 
of palm if the units are of adequate ecological size or because the 
habitat is too inaccessible and remote for vandals. However, given the 
considerations described in the December 29, 2000, proposal regarding 
instances of vandalism, collection, and commercial trade of this 
species no change is made here to the earlier prudency determination 
for Pritchardia munroi and it is hereby incorporated by reference (65 
FR 83158).
    In the December 29, 2000, proposal we did not determine prudency 
nor propose designation of critical habitat for 10 species that no 
longer occur on Molokai but are reported from one or more other 
islands. We determined that critical habitat was prudent for nine of 
these species (Bonamia menziesii, Cyperus trachysanthos, Diplazium 
molokaiense, Flueggea neowawraea, Hibiscus brackenridgei, Isodencrion 
pyrifolium, Phyllostegia mollis, Pteris lidgatei, and Solanum 
incompletum) in other proposed rules published on November 2, 2000 
(Kauai and Niihau), December 18, 2000 (Maui and Kahoolawe), December 
27, 2000 (Lanai), and January 28, 2002 (Kauai and Niihau reproposal). 
No change is made to these prudency determinations for these nine 
species in this proposal and they are hereby incorporated by reference 
(65 FR 66808, 65 FR 79192, 65 FR 82086, 67 FR 3940).
    To determine whether critical habitat would be prudent for Eugenia 
koolaeuensis, a species for which a prudency determination has not been 
made previously, and that no longer occurs on Molokai but is reported 
from one other island (Oahu), we analyzed the potential threats and 
benefits for this species in accordance with the court orders. This 
plant was listed as endangered species under the Endangered Species Act 
of 1973, as amended (Act) in 1996. At that time, we determined that 
designation of critical habitat for Eugenia koolauensis 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 these species or of similar 
species. Consequently, while we remain concerned that these activities 
could potentially threaten Eugenia koolauensis in the future, 
consistent with applicable regulations (50 CFR 424.12(a)(1)(i)) and the 
court's discussion of these regulations, we do not find that this 
species is currently threatened by taking or other human activity, 
which would be exacerbated by the designation of critical habitat. In 
the absence of finding that critical habitat would increase threats to 
a species, if there are any benefits to critical habitat designation, 
then a prudent finding is warranted. The potential benefits include: 
(1) Triggering section 7 consultation in new areas where it would not 
otherwise occur because, for example, it is or has become unoccupied or 
the occupancy is in question; (2) focusing conservation activities on 
the most essential areas; (3) providing educational benefits to State 
or county governments or private entities; and (4) preventing people 
from causing inadvertent harm to the species. In the case of Eugenia 
koolauensis 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. Eugenia koolauensis is 
reported from Federal lands or lands that are administered by a Federal 
agency on Oahu (the U.S. Army's Schofield Barracks Military Reservation 
and Kawailoa Training Area) where actions are subject to section 7 
consultation, as well as on State and private lands. Although currently 
there may be limited Federal activities on these State and private 
lands, there could be Federal actions affecting these lands in the 
future. While a critical habitat designation for habitat currently 
occupied by Eugenia koolauensis would not likely change the section 7 
consultation outcome, since an action that destroys or adversely 
modifies such critical habitat would also be likely to result in 
jeopardy to the species, there may be instances where section 7 
consultation would be triggered only if

[[Page 16521]]

critical habitat were designated, such as on Molokai. 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 Eugenia 
koolauensis.

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, Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, 
Centaurium sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis 
squamigera, Cyanea dunbarii, Cyanea mannii, Cyanea grimesiana ssp. 
grimesiana, Cyanea procera, Diellia erecta, Diplazium molokaiense, 
Eugenia koolauensis, Flueggea neowawraea, Hedyotis mannii, 
Hesperomannia arborescens, Hibiscus arnottianus ssp. immaculatus, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, 
Labordia triflora, Lysimachia maxima, Mariscus fauriei, Marsilea 
villosa, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Phyllostegia mollis, 
Plantago princeps, Platanthera holochila, Pteris lidgatei, Schiedea 
lydgatei, Schiedea nuttallii, Schiedea sarmentosa, Sesbania tomentosa, 
Silene alexandri, Silene lanceolata, Spermolepis hawaiiensis, Stenogyne 
bifida, Tetramolopium rockii, 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 50 species; the December 29, 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 island of 
Molokai; discussions with botanical experts; and recommendations from 
the HPPRCC (see also the discussion below) (Service 1995a, 1995b, 
1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c; 1999; HPPRCC 1998; 
HINHP Database 2001, CPC in litt. 1999; 65 FR 83158; J. Lau, in litt. 
2001; J. Lau et al., 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 1999a). 
The HPPRCC expects there will be subsequent efforts to further refine 
the locations of important habitat areas and that new survey 
information or research may also lead to additional refinement of 
identifying and mapping of habitat important for the recovery of these 
species.
    The HPPRCC identified essential habitat areas for all listed, 
proposed, and candidate plants and evaluated species of concern to 
determine if essential habitat areas would provide for their habitat 
needs. However, the HPPRCC's mapping of habitat is distinct from the 
regulatory designation of critical habitat as defined by the Act. More 
data has been collected since the recommendations made by the HPPRCC in 
1998. Some 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 46 listed species at issue. As a result, the 
proposed critical habitat designations in this proposed rule include 
not only some habitat that was identified as essential in the 1998 
recommendation but also habitat that was not identified as essential in 
those recommendations.

C. Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features (primary constituent elements) that 
are essential to the conservation of the species and that may require 
special management considerations or protection. Such requirements 
include, but are not limited to, space for individual and population 
growth, and for normal behavior; food, water, air, light, minerals, or 
other nutritional or physiological requirements; cover or shelter; 
sites for breeding, reproduction, or rearing of offspring, germination, 
or seed dispersal; and habitats that are protected from disturbance or 
are representative of the historic geographical and ecological 
distributions of a species.
    As described in the discussions for each of the 46 species 
(Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, Brighamia 
rockii, Canavalia molokaiensis, Centaurium sebaeoides, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, Flueggea 
neowawraea, Hedyotis mannii, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus 
fauriei, Marsilea villosa, Melicope mucronulata, Melicope reflexa, 
Neraudia sericea, Peucedanum sandwicense, Phyllostegia mannii, 
Phyllostegia mollis, Plantago princeps, Platanthera holochila, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuensis, 
and Zanthoxylum hawaiiense) for which we are proposing critical 
habitat, we are proposing to define the primary constituent elements on 
the basis of the habitat features of the areas in which the plant 
species are reported from, as described by the type of plant community, 
associated native plant species, locale information (e.g., steep rocky 
cliffs, talus slopes, stream banks), and elevation. The habitat 
features provide the ecological components required by the plant. The 
type of plant community and associated native plant species indicates 
specific microclimate conditions, retention and availability of water 
in the soil, soil microorganism community, and nutrient cycling and 
availability. The locale indicates 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

[[Page 16522]]

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 island of Molokai.
    We are unable to identify the primary constituent elements for 
Bonamia menziesii, Cyperus trachysanthos, Melicope munroi, and Solanum 
incompletum, which no longer occur on the island of Molokai, because 
information on these features for these species on Molokai 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 Bonamia menziesii, Cyperus trachysanthos, 
Melicope munroi, and Solanum incompletum on the island of Molokai.
    All areas proposed as critical habitat are within the historical 
range of one or more of the 46 species at issue and contain one or more 
of these physical or biological features (primary constituent elements) 
essential for the conservation of one or more of the species.

D. Criteria Used To Identify Critical Habitat

    In the December 29, 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 46 plant 
species. Specific details regarding the delineation of the proposed 
critical habitat units were given in the December 29, 2000, proposal 
(65 FR 83158). In that proposal we did not include potentially suitable 
unoccupied habitat that is important to the recovery of the 46 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 29, 2000 (65 FR 
83158) proposal we received new information regarding the physical and 
biological features that are considered essential for the conservation 
of many of these 46 species and information on potentially suitable 
habitat within the historical range for many of these species, such as 
locale information, elevational range, vegetation type, and associated 
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), Maui and Kahoolawe (65 FR 79192), and Lanai 
(65 FR 82086), 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.
    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). However, 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 46 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, 1996c, 1997, 1998a, 1998b, 1998c; 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 
perennials, 300 individuals per population for short-lived perennials, 
and 500 mature individuals per population for annuals. There are some 
specific exceptions to this general recovery goal of 8 to 10 
populations for multi-island species (see discussion below on Marsilea 
villosa) and the proposed critical habitat designations reflect this 
exception for this species. To be considered recovered each population 
of a species endemic to the island of Molokai 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, 1996c, 1997, 1998a, 
1998b, 1998c; 1999, 2001). A population, for the purposes of this 
discussion and as defined in the recovery plans for these species, is 
defined as a unit containing 100, 300, or 500 individuals, depending on 
whether the species is a long-lived perennial, short-lived perennial, 
or annual, in which the individuals could be regularly cross-pollinated 
and are influenced by the same small-scale areas (such as landslides).
    Marsilea villosa, a short-lived perennial aquatic fern, was 
historically known from six populations on three different islands: 
Molokai, Oahu, and Niihau. This species is now extant only on Oahu and 
Molokai. Delisting objectives for this species include protection and 
stabilization of at least six (rather than 8 to 10) geographically 
distinct, self-sustaining populations (either three on Oahu and three 
on Molokai or three on Oahu, two on Molokai, and one on Niihau), stable 
or increasing population sizes, no active management needed, and self-
maintenance of each population through two successive floods resulting 
in sexual reproduction. Delisting objectives for Marsilea villosa do 
not include a specific number of mature individuals per population 
because this a clonal species (it is extremely difficult to distinguish 
between individuals in clonal plant species) (Service 1996c).
    By adopting the specific recovery objectives enumerated above, 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

[[Page 16523]]

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. 1990; 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 species 
life history are typically considered to determine guidelines for 
species interim stability and recovery, including longevity, breeding 
system, growth form, fecundity, ramet (a plant that is an independent 
member of a clone) production, survivorship, seed duration, 
environmental variation, and successional stage of the habitat. 
Hawaiian species are poorly studied, and the only one of the afore-
mentioned characteristics that can be uniformly applied to all species 
is longevity (i.e., long-lived perennial, short-lived perennial, and 
annual). In general, long-lived woody perennial species would be 
expected to be viable at population levels of 50 to 250 individuals per 
population, while short-lived perennial species would be viable at 
population levels of 1,500 to 2,500 individuals or more per population. 
These population numbers were refined for Hawaiian plant species by the 
HPPRCC (1994) due to the restricted distribution of suitable habitat 
typical of Hawaiian plants and the likelihood of smaller genetic 
diversity of several species that evolved from one single introduction. 
For recovery of Hawaiian plants, the HPPRCC recommended a general 
recovery guideline of 100 mature individuals per population for long-
lived perennial species, 300 individuals per population for short-lived 
perennial species, and 500 individuals per population for annual 
species.
    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 Marsilea villosa is six 
populations, rather than 8 to 10 populations. Delisting objectives for 
Marsilea villosa do not include specific numbers of mature individuals 
per population. 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 entire listed species (Luijten 
et al. 2000; Menges 1990; Quintana-Ascencio and Menges 1996); and (2) 
increasing the size of each population in the respective critical 
habitat units to a level where the threats of genetic, demographic, and 
normal environmental uncertainties are diminished (Hendrix and Kyhl 
2000; Luijten et al. 2000; Meffe and Carroll 1996; Podolsky 2000; 
Service 1997; Tear et al. 1995; Wolf and Harrison 2001). In general, 
the larger the number of populations and the larger the size of each 
population, the lower the probability of extinction (Raup 1991; Meffe 
and Carroll 1996). This basic conservation principle of redundancy 
applies to Hawaiian 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 to 10 viable 
plant populations on one or more island(s) within the historic range of 
the species will provide each species with a reasonable expectation of 
persistence and eventual recovery, even with the high potential that 
one or more of these populations will be eliminated by normal or random 
adverse events, such as hurricanes which occurred in 1982 and 1992 on 
Kauai, fires, and alien plant invasions (HPPRCC 1994; Luijten et al. 
2000; Mangel and Tier 1994; Pimm et al. 1998; Stacey and Taper 1992). 
We conclude that designation of adequate suitable habitat for 8 to 10 
populations as critical habitat is essential to give most 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 most plant 
species. For Marsilea villosa however, the recovery goal is at least 
six geographically distinct, self-sustaining populations, rather than 8 
to 10 populations. 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 in which the plants 
are reported from such as the type of plant community, 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 46 plant species.
    We used the following considerations in delineating proposed 
critical habitat units:
    (1) We focused on designating units representative of the known 
current and historical geographic and elevational range of each 
species;
    (2) Proposed critical habitat units would allow for expansion of 
existing wild populations and reestablishment of wild populations 
within historic range, as recommended by the recovery plans for each 
species; and
    (3) Critical habitat boundaries were delineated in such a way that 
areas with overlapping occupied or suitable

[[Page 16524]]

unoccupied habitat could be depicted clearly (multi-species units).
    We began by creating rough units for each species by screen 
digitizing polygons (map units) using ArcView (ESRI), a computer GIS 
program. The polygons were created by overlaying current and historic 
plant location points onto digital topographic maps of each of the 
islands.
    The resulting shape files (delineating historic elevational range 
and potential, suitable habitat) were then evaluated. Elevation ranges 
were further refined and land areas identified as not suitable for a 
particular species (i.e., not containing the primary constituent 
elements) were avoided. The resulting shape files for each species then 
were considered to define all suitable habitat on the island, including 
occupied and unoccupied habitat.
    These shape files of suitable habitat were further evaluated. 
Several factors were then used to delineate the proposed critical 
habitat units from these land areas. We reviewed the recovery 
objectives as described above and in recovery plans for each of the 
species to determine if the number of populations and population size 
requirements needed for 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 
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 46 
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 generally could occur only 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 46 
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, radars, 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 would not trigger a section 7 consultation unless they affect the 
species and/or primary constituent elements in adjacent critical 
habitat.
    In summary, for the Molokai 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 on Molokai to provide for the conservation of these 46 
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 46 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., any county, state, or Federal 
government office holdings) and private landowner on Molokai with a 
known occurrence of one of the 46 species was contacted by mail. We 
reviewed all biological information received during the public comment 
period, in response to our landowner mailing and open house held in 
Kaunakakai, Molokai on March 15, 2000. When clarification was required 
on the information provided to us, we followed up with a telephone 
contact. Because of the large amount of land on the island of Molokai 
under State of Hawaii jurisdiction, we met with staff from Molokai's 
DOFAW office to discuss their current management for the plants on 
their lands. 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

[[Page 16525]]

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 that 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 
objectives, 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, 1996c, 1997, 1998a, 1998b, 1998c; 1999; Loope 1998).
    Current threats to these species include non-native grass and 
shrub-carried wildfire; browsing, digging, rooting, and trampling from 
feral ungulates (including goats, deer, and pigs); direct and indirect 
effects of non-native plant invasions, including alteration of habitat 
structure and microclimate; and disruption of pollination and gene-flow 
processes by adverse effects of mosquito-borne avian disease on forest-
bird pollinators; direct competition between native and non-native 
insect pollinators for food; and predation of native insect pollinators 
by non-native hymenopteran insects (ants). In addition, physiological 
processes such as reproduction and establishment continue to be stifled 
by fruit and flower eating pests such as non-native arthropods, 
mollusks, and rats; and photosynthesis and water transport that are 
affected by non-native insects, pathogens and diseases. Many of these 
factors interact with one another, thereby compounding effects. Such 
interactions include non-native plant invasions altering wildfire 
regimes; feral ungulates vectoring weeds and disturbing vegetation and 
soils thereby facilitating dispersal and establishment of non-native 
plants; and numerous non-native insects feeding on native plants, 
thereby increasing their vulnerability and exposure to pathogens and 
disease (Howarth 1985; Smith 1985; Scott et al. 1986; Cuddihy and Stone 
1990; Mack 1992; D'Antonio and Vitousek 1992; Tunison et al. 1992; 
Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999; Bruegmann et 
al. 2001).
    (2) The recommendations from the HPPRCC in their 1998 report to the 
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 46 species (Service 1995a, 
1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c; 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) nonnative plant control; (3) rodent control; (4) 
invertebrate pest control; (5) fire management; (6) maintenance of 
genetic material of the endangered and threatened plants species; (7) 
propagation, reintroduction, and/or augmentation of existing 
populations into areas deemed essential for the recovery of these 
species; (8) ongoing management of the wild, outplanted, and augmented 
populations; and (9) habitat management and restoration in areas deemed 
essential for the recovery of these species.
    In general, taking all of the above recommended management actions 
into account, the following management actions are ranked in order of 
importance (Service 1995a, 1995b, 1996a, 1996b, 1996c, 1997, 1998a, 
1998b, 1998c; 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, and/or augmentation of existing 
populations into areas deemed essential for the recovery of the 
species; ongoing management of the wild, outplanted, and augmented 
populations; maintenance of natural pollinators and pollinating 
systems, when known; habitat management and restoration in areas deemed 
essential for the recovery of the species; monitoring of the wild, 
outplanted, and augmented populations; rare plant surveys; and control 
of human activities/access.
    As shown in Table 3, the proposed critical habitat designations for 
46 species of plants are found on Federal, State, and private lands on 
the island of Molokai. Information received in response to our public 
notices; letters to the landowners; open house; meetings with Maui 
County DOFAW staff; the December 29, 2000, proposal; public comment 
periods; and the March 21, 2001 public hearing, and information in our 
files, indicated that on-going conservation management actions for 
these plants is variable, see below. Some landowners reported that they 
are not conducting conservation management actions on their lands while 
others provided information on various activities such as fencing, 
weeding, ungulate control, hunting, control of human access, scientific 
research, fire control, and propagation and/or planting of native 
plants. Without management plans and assurances that the plans will be 
implemented, we are unable to find that the land in question does not 
require special management or protection.

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 Integrated Natural Resources Management Plan 
(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

[[Page 16526]]

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.
    The Hawaii Army National Guard maintains an armory in Kaunakakai 
town. No rare or endangered plants occur on the site and no critical 
habitat is proposed for this site (Service 1999b).
    Four species (Canavalia molokaiensis, Centaurium sebaeiodes, 
Peucedanum sandwicense, Tetramolopium rockii) are reported from 
Kalaupapa National Historical Park, Molokai (GDSI 2000; HINHP Database 
2000). This national historical park, which is found on state-owned 
land, is managed by the National Park Service under a cooperative 
agreement between the State of Hawaii and the National Park Service 
(Gary Barbano, National Park Service, pers. comm. 2000). Although the 
National Park Service conducts some conservation management actions on 
these lands and provides access to others who are conducting such 
activities, there are no comprehensive management plans for the long-
term conservation of endangered and threatened plants on these lands 
and no assurances that management actions will be implemented. 
Therefore, we can not at this time find that management on this land 
under Federal jurisdiction is adequate to preclude a proposed 
designation of critical habitat.

Private Lands

    Twenty-three species (Adenophorous periens, Alectryon macrococcus, 
Brighamia rockii, Canavalia molokaiensis, Clermontia oblongifolia ssp. 
brevipes, Ctenitis squamigera, Cyanea mannii, Cyanea procera, Diellia 
erecta, Hedyotis mannii, Lysimachia maxima, Marsilea villosa, Melicope 
mucronulata, Peucedanum sandwicense, Phyllostegia mannii, Plantago 
princeps, Platanthera holochila, Schiedea nuttallii, Schiedea 
sarmentosa, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuense, 
Zanthoxylum hawaiiense) are reported from The Nature Conservancy's 
Moomomi, Kamakou, and Pelekunu Preserves which are located on the 
northwest coast (Moomomi) and in the East Molokai mountains (Kamakou 
and Pelekunu) (GDSI 2000; HINHP database 2000; The Nature Conservancy 
of Hawaii (TNCH) 1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). Two of 
the preserves (Moomomi and Pelekunu) are owned by TNCH while Kamakou 
was established by a grant of perpetual conservation easement from the 
private landowner to TNCH. All three preserves are included in the 
state's Natural Area Partnership (NAP) program which provides matching 
funds for the management of private lands that have been permanently 
dedicated to conservation (TNCH 1993, 1994a, 1994b, 1997, 1999a, 1999b, 
1999c).
    Under the NAP program, the State of Hawaii provides matching funds 
on a two-for-one basis for management of private lands dedicated to 
conservation. In order to qualify for this program, the land must be 
dedicated in perpetuity through transfer of fee title or a conservation 
easement to the State or a cooperating entity. The land must be managed 
by the cooperating entity or a qualified landowner according to a 
detailed management plan approved by the Board of Land and Natural 
Resources. Once approved, the 6-year partnership agreement between the 
State and the managing entity is automatically renewed each year so 
that there is always six years remaining in the term, although the 
management plan is updated and funding amounts are reauthorized by the 
board at least every six years. By April 1 of any year the managing 
partner may notify the state that it does not intend to renew the 
agreement; however, in such case the partnership agreement remains in 
effect for the balance of the existing six year term, and the 
conservation easement remains in full effect in perpetuity. The 
conservation easement may be revoked by the landowner only if State 
funding is terminated without the concurrence of the landowner and 
cooperating entity. Prior to terminating funding, the State must 
conduct one or more public hearings. The NAP program is funded through 
real estate conveyance taxes which are placed in a Natural Area Reserve 
Fund. Participants in the NAP program must provide annual reports to 
the Department of Land and Natural Resources (DLNR) and DLNR makes 
annual inspections of the work in the reserve areas. See Haw. Rev. 
Stat. Secs. 195-1-195-11; Hawaii Administrative Rules Sec. 13-210.
    Management programs within the preserves are documented in long-
range management plans and yearly operational plans. These plans detail 
management measures that protect, restore, and enhance the rare plants 
and their habitats within the preserves and in adjacent areas (TNCH 
1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). These management 
measures address factors which led to the listing of the 23 species 
including control of non-native species of ungulates, rodents, weeds, 
and fire. In addition, habitat restoration and monitoring are also 
included in these plans.

Kamakou Preserve

    The primary management goals within Kamakou Preserve are to (1) 
prevent degradation of native forest by reducing feral ungulate damage; 
(2) improve or maintain the integrity of native ecosystems in selected 
areas of the preserve by reducing the effects of non-native plants; and 
(3) suppress wildfires.
    Specific management actions to address feral ungulate impacts 
include the construction of fences, including strategic fencing (fences 
placed in proximity to natural barriers such as cliffs); staff hunting; 
and implementation of organized hunting through the Molokai Hunters 
Working Group. By monitoring ungulate activity within the preserve, the 
staff are able to direct hunters to problem areas, thereby increasing 
hunting success. If increased hunting pressure does not reduce feral 
ungulate activity in the preserve, the preserve staff will work with 
the hunting group to identify and implement alternative methods (TNCH 
1994, 1999).
    The nonnative plant control program within Kamakou Preserve focuses 
on habitat modifying nonnative plants (weeds) and prioritizes them 
according to the degree of threat to native ecosystems. A weed priority 
list has been compiled for the preserve, and control and monitoring of 
the highest priority species are ongoing. Weeds are controlled 
manually, chemically, or a through a combination of both. Preventative 
measures (prevention protocol) are required by all (volunteers, riders 
to the Preserve and hiking participants) who enter the Preserve. This 
protocol includes such things as brushing footgear before entering the 
Preserve to remove seeds of nonnative plants. In addition, the staff 
are actively promoting awareness of alien plants in Hawaii and their 
impacts to native ecosystems in the local communities on Molokai 
through public education at

[[Page 16527]]

schools, fairs, and displays at the airport.
    Wildfire presuppression and response plans are coordinated with the 
Maui County Fire Department and the DOFAW Maui District Forester. The 
Kamakou Wildfire Management Plan is reviewed annually with the fire 
department and updated as necessary (TNCH 1994, 1999). In the event of 
fires in areas bordering the preserve staff from Kamakou assist with 
fire suppression in concert with DOFAW staff.
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserve and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored throughout the preserve to document long term ecological 
changes; rare plant species are monitored to assess population status; 
and, following fires on the boundaries or within the preserve, burned 
areas are assessed for ingress of weeds and recovery of native plants. 
In addition, the preserve staff provide logistical support to 
scientists and others who are conducting research within the preserve.
    In addition, TNCH, DOFAW, the Service, and other Federal agencies 
including the National Park Service, and neighboring landowners of East 
Molokai's watershed areas have formed a partnership (East Molokai 
Watershed Partnership) through a memorandum of understanding to ensure 
the protection of over 22,000 acres on the island. While the 
partnership is still in its infancy, the members have agreed, in 
principle, to participate in cooperative management activities within 
the East Molokai watershed because they believe that effective 
management is best achieved through the coordinated actions of all 
major landowners in the watershed.

Moomomi Preserve

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

Pelekunu Preserve

    The primary management goals within Pelekunu Preserve are to (1) 
prevent degradation of native forest by reducing feral ungulate damage; 
and (2) improve or maintain the integrity of native ecosystems in 
selected areas of the preserve by reducing the effects of non-native 
plants.
    Specific management actions to address feral ungulate impacts 
include staff hunting; implementation of organized hunting through the 
Molokai Hunters Working Group; and quarterly transect and aerial 
monitoring of ungulate activity. By monitoring ungulate activity within 
the preserve, the staff are able to direct hunters to problem areas, 
thereby increasing hunting success. If increased hunting pressure does 
not reduce feral ungulate activity in the preserve, the preserve staff 
work with the hunting group to identify and implement alternative 
methods (TNCH 1999).
    As with the other two preserves on Molokai, the nonnative plant 
control program within Pelekunu Preserve focuses on habitat modifying 
nonnative plants (weeds) and prioritizes them according to the degree 
of threat to native ecosystems. A weed priority list has been compiled 
for the preserve, and control and monitoring of the highest priority 
species are ongoing. Weeds are controlled manually, chemically, or a 
through a combination of both. Preventative measures (prevention 
protocol) are required by all (volunteers, riders to the Preserve and 
hiking participants) who enter the Preserve. This protocol includes 
such things as brushing footgear before entering the Preserve to remove 
seeds of nonnative plants. In addition, the staff are actively 
promoting awareness of alien plants in Hawaii and their impacts to 
native ecosystems in the local communities on Molokai through public 
education at schools, fairs, and displays at the airport.
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserve and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored throughout the preserve to document long term ecological 
changes; and rare plant species are monitored to assess population 
status. In addition, the preserve staff provide logistical support to 
scientists and others who are conducting research within the preserve.
    Because these plants and their habitats within the preserves 
receive long-term protection and management these lands are not in need 
of special management considerations or protection. Therefore, we have 
determined that the private lands within Moomomi Preserve, Kamakou 
Preserve, and Pelekunu Preserve do not meet the definition of critical 
habitat in the Act, and we are not proposing designation of these lands 
as critical habitat. Should the status of any of these reserves change, 
for example by non-renewal of a partnership agreement or termination of 
NAP funding, we will reconsider whether it meets the definition of 
critical habitat, and if so, we may propose to amend critical habitat 
to include the preserve at that time (50 CFR 424.12(g)). Critical 
habitat, therefore, is not proposed for Adenophorous periens, Alectryon 
macrococcus, Brighamia rockii, Canavalia molokaiensis, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea mannii, Cyanea 
procera, Diellia erecta, Hedyotis mannii, Lysimachia maxima, Marsilea 
villosa, Melicope mucronulata, Peucedanum sandwicense, Phyllostegia 
mannii,

[[Page 16528]]

Plantago princeps, Platanthera holochila, Schiedea nuttallii, Schiedea 
sarmentosa, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuense, 
Zanthoxylum hawaiiense on Kamakou, Moomomi, and Pelekunu preserves. 
However, critical habitat is proposed for these species on other areas 
on Molokai.
    We believe that Moomomi Preserve, Kamakou Preserve, and Pelekunu 
Preserve are the only potential critical habitat areas on Molokai at 
this time that do not require special management considerations or 
protection. However, we are specifically soliciting comments on the 
appropriateness of this approach. If we receive information during the 
public comment period that any of the lands within the proposed 
designations are actively managed to promote the conservation and 
recovery of the 46 listed species at issue in this proposed 
designation, in accordance with long term conservation management plans 
or agreements, and there are assurances that the proposed management 
actions will be implemented and effective, we can consider this 
information when making a final determination of critical habitat. We 
are also soliciting comments on whether future development and approval 
of conservation measures (e.g., Conservation Agreements, Safe Harbor 
Agreements) should trigger revision of designated critical habitat to 
exclude such lands and, if so, by what mechanism.
    The proposed critical habitat areas described below constitute our 
best assessment of the physical and biological features needed for the 
conservation of the 46 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 any public 
hearings, if requested, will provide us with additional information to 
use in our decision-making process and in assessing the potential 
impacts of designating critical habitat for one or more of these 
species.
    The approximate areas of proposed critical habitat by landownership 
or jurisdiction are shown in Table 5.

 Table 5.--Approximate Proposed Critical Habitat Areas by Unit and Land Ownership or Jurisdiction, Maui County,
                                                    Hawaii\1\
----------------------------------------------------------------------------------------------------------------
            Unit name                 State/local            Private            Federal             Total
----------------------------------------------------------------------------------------------------------------
Molokai A1......................  88 ha                384 ha                                472 ha
                                  (217 ac)             (950 ac)                              (1,167 ac)
Molokai A2......................  1,325 ha             199 ha               8 ha             1,532 ha
                                  (3,274 ac)           (492 ac)             (20 ac)          (3,786 ac)
Molokai B1......................  1,988 ha             189 ha               1 ha             2,179 ha
                                  (4,914 ac)           (468 ac)             (2 ac)           (5,384 ac)
Molokai B2......................  20 ha                                                      20 ha
                                  (50 ac)                                                    (50 ac)
Molokai C.......................  2,726 ha             1,781 ha                              4,507 ha
                                  (6,737 ac)           (4,400 ac)                            (11,138 ac)
Molokai D.......................                       466 ha                                466 ha
                                                       (1,153 ac)                            (1,153 ac)
Molokai E1......................  4 ha                 123 ha                                127 ha
                                  (11 ac)              (304 ac)                              (315 ac)
Molokai E2......................  19 ha                313 ha                                332 ha
                                  (47 ac)              (774 ac)                              (821 ac)
Molokai F.......................  1,795 ha             3,162 ha                              4,956 ha
                                  (4,435 ac)           (7,813 ac)                            (12,247 ac)
Molokai G.......................  1,187 ha             1,836 ha                              3,023 ha
                                  (2,932 ac)           (4,538 ac)                            (7,471 ac)
    Grand Total.................  9,152 ha             8,453 ha             9 ha             17,614 ha
                                  (22,617 ac)          (20,892 ac)          (22 ac)          (43,532 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or
  difference due to rounding.

    Proposed critical habitat includes habitat for these 46 species 
under private, State, and Federal jurisdiction (owned and leased 
lands), with Federal lands including State lands managed by the 
National Park Service. Lands proposed as critical habitat have been 
divided into 10 units (Molokai A1 through Molokai G). A brief 
description of each unit is presented below.

Descriptions of Critical Habitat Units

Molokai A1

    The proposed unit Molokai A1 provides occupied habitat for three 
species: Centaurium sebaeoides, Marsilea villosa, and Tetramolopium 
rockii. It is proposed for designation because it contains the physical 
and biological features that are considered essential for their 
conservation on Molokai, and provides habitat to support one or more of 
the 8 to 10 populations and 300 mature individuals per population for 
Tetramolopium rockii, or 500 mature individuals per population for 
Centaurium sebaeoides; or provides habitat to support one or more of 
the 6 populations for Marsilea villosa, 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 Molokai A1).
    The unit contains a total of 472 ha (1,167 ac) on State and 
privately owned lands. It lies mostly in Kaa watershed with a portion 
in the west in the Papohaku watershed and in the east in the Moomomi 
watershed. The natural features of this unit include Anapuka (cape), 
Kaa (summit), Kaa Gulch, Kealapupuakiha (beach), Keonehanau (cape), 
Mokio Point, Pueoao (cliff), and Waiakanapo (cape).

[[Page 16529]]

Key for Molokai A1-G

    *Not all suitable habitat is proposed to be designated, only 
those areas essential for the conservation of the species.
    1. This unit is needed to meet the recovery plan objectives of 8 
to 10 viable populations (self perpetuating and sustaining for at 
least 5 years) with 100 to 500 mature, reproducing individuals per 
species throughout its historical range as specified in the recovery 
plans.
    2. Island endemic.
    3. Multi-island species with current locations on other islands.
    4. Multi-island species with no current locations on other 
islands.
    5. Current locations do not necessarily represent viable 
populations with the required number of mature individuals.
    6. Several current locations may be affected by one naturally 
occurring, catastrophic event.
    7. Species with variable habitat requirements, usually over wide 
areas. Wide ranging species require more space per individual over 
more land area to provide needed primary constituent elements to 
maintain healthy population size.
    8. Not all currently occupied habitat was determined to be 
essential to the recovery of the species.
    9. Life history, long-lived perennial--100 mature, reproducing 
individuals 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.

BILLING CODE 4310-55-P

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Molokai A2

    The proposed unit Molokai A2 provides occupied habitat for three 
species: Centaurium sebaeoides, Sesbania tomentosa, and Tetramolopium 
rockii. It is proposed for designation because it contains the physical 
and biological features that are considered essential for their 
conservation on Molokai, and provides habitat to support one or more of 
the 8 to 10 populations for each species and 300 mature individuals per 
population for Sesbania tomentosa, and Tetramolopium rockii, 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 (see the discussion of 
conservation requirements in Section D, and in the table for Molokai 
A2).
    This unit contains a total of 1,532 ha (3,786 ac) on Federal, 
State, and privately owned lands. It contains Moomomi watershed in the 
west, Waihanau watershed in the east and Maneopapa watershed in the 
center. It contains portions of Kalaupapa National Historical (National 
Historical Park) and Molokai Forest Reserve (State Forest Reserve). The 
natural features include: Anahaki Gulch, Anianikeha (cape), Hinanaulua 
(cape), Kahinaakalani (cape), Kakaaukuu Gulch, Kaluanui (cape), Kapale 
Gulch, Kapuahiapele (cape), Kauhako Crater, Kiikolu (summit), 
Kukuiokanaloa (cliff), Manalo Gulch, Maneopapa Gulch, Mimino Gulch, 
Paualaia Point (cape), Pohakunui (summit), Puu Kapele, and Puu Uao.

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[[Page 16533]]



Molokai B1

    The proposed unit Molokai B1 provides occupied habitat for 18 
species: Adenophorus periens, Brighamia rockii, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea 
grimesiana ssp. grimesiana, Cyanea procera, Hedyotis mannii, Hibiscus 
arnottianus ssp. immaculatus, Ischaemum byrone, Lysimachia maxima, 
Peucedanum sandwicense, Phyllostegia mannii, Platanthera holochila, 
Plantago princeps, Schiedea nuttallii, Stenogyne bifida, and 
Tetramolopium rockii. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for their conservation on Molokai, and provides habitat to 
support one or more of the 8 to 10 populations for each species and 100 
mature individuals per population for Brighamia rockii and Hibiscus 
arnottianus ssp. immaculatus, or 300 mature individuals per population 
for Adenophorus periens, Clermontia oblongifolia ssp. brevipes, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea procera, Hedyotis 
mannii, Ischaemum byrone, Lysimachia maxima, Peucedanum sandwicense, 
Phyllostegia mannii, Platanthera holochila, Plantago princeps, Schiedea 
nuttallii, Stenogyne bifida, and Tetramolopium rockii, or 500 mature 
individuals per population for Centaurium sebaeoides throughout their 
known historical range (see the discussion of conservation requirements 
in Section D, and in the table for Molokai B1).
    This unit contains a total of 2,179 ha (5,384 ac) on Federal, 
State, and privately owned lands. It is bordered on the west by the 
Waialeia watershed, east by Waikolu and Waiohookalo watershed and 
includes portions of the Anapuhi and Wainene watersheds. This unit 
contains portions of Kalaupapa National Historical (National Historical 
Park), Molokai Forest Reserve (State Forest Reserve), and Puu Alii 
Natural Area Reserve (State Natural Area Reserve). The geographic 
features include: Lae Hoolehua (cape), Kaala (cape), Kalahuapueo 
(summit), Kaluahauoni (summit), Kaupikiawa (cape), Kukaiwaa Point, 
Leinaopapio Point, Moaula Ridge, Ohialele (summit), Papapaiki (cape), 
Puu Kaeo, Puu Kauwa, and Waimanu Falls.

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Molokai B2

    The proposed unit Molokai B2 provides occupied habitat for one 
species: Peucedanum sandwicense. It is proposed for designation because 
it contains the physical and biological features that are considered 
essential for its conservation on Molokai, and provides habitat to 
support one or more of the 8 to 10 populations and 300 mature 
individuals per population for Peucedanum sandwicense throughout its 
known historical range considered by the recovery plan to be necessary 
for the conservation of this species.
    This unit also provides unoccupied habitat for three species: 
Brighamia rockii, Ischaemum byrone, and Tetramolopium rockii. 
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 Molokai, 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, or 300 mature individuals per population for Ischaemum byrone 
and Tetramolopium rockii, throughout their known historical range (see 
the discussion of conservation requirements in Section D, and in the 
table for Molokai B2).
    This unit contains a total of 20 ha (50 ac) on State owned land. It 
contains all of the State's Mokapu Bird Sanctuary. The natural feature 
of this unit is Mokapu Island.

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[[Page 16539]]



Molokai C

    The proposed unit Molokai E provides occupied habitat for 13 
species: Adenophorus periens, Brighamia rockii, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Cyanea grimesiana ssp. 
grimesiana, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Ischaemum byrone, Lysimachia maxima, Melicope reflexa, 
Peucedanum sandwicense, Phyllostegia mannii, and Pteris lidgatei. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on Molokai, and provides habitat to support one or more of 
the 8 to 10 populations for each species and 100 mature individuals per 
population for Brighamia rockii, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, and Melicope reflexa, or 300 mature 
individuals per population for Adenophorus periens, Clermontia 
oblongifolia ssp. brevipes, Cyanea grimesiana ssp. grimesiana, 
Ischaemum byrone, Lysimachia maxima, Peucedanum sandwicense, 
Phyllostegia mannii, and Pteris lidgatei, or 500 mature individuals per 
population for Centaurium sebaeoides, throughout their known historical 
range.
    This unit also provides unoccupied habitat for one species: 
Diplazium molokaiense. 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 Molokai, 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, throughout its 
known historical range (see the discussion of conservation requirements 
in Section D, and in the table for Molokai C).
    The unit contains a total of 4,507 ha (11,138 ac) on State and 
privately owned lands. It contains all of Haloku, Kahiwa, Kalaemilo, 
Oloupena, Puukaoku, and Wailele watersheds and portions of Halawa, 
Honouliwai, Kainalu, Kamalo, Kawainui, Pelekunu, Waiahookalo, Waialua, 
Wailau, and Waipu watersheds. It contains portions of Olokui Natural 
Area Reserve and Molokai Forest Reserve. The natural features include: 
Ananoio (beach), Halekou (cape), Haloku Falls, Kahiwa Falls, Kahiwa 
Gulch, Kapea Stream, Kaunupahu (summit), Keahiakalio (summit), Kikipua 
Point, Kuapuuiki (spring), Kukuinui Ridge, Lepau Point, Malahini Cave, 
Milo Point, Naehu (summit), Olokui (summit), Oloupena (beach), Oloupena 
Falls, Pakui (summit), Papalaua Falls, Pohakuloa (summit), Pohakuulaula 
(summit), Puu Ohelo, Puuau, Puukaoku Falls, Puukaoku Point, Waiahookalo 
Gulch, Wailele Falls, Waiokala (cape), and Waipu (beach).

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Molokai D

    The proposed unit Molokai D provides occupied habitat for four 
species: Bidens wiebkei, Centaurium sebaeoides, Ischaemum byrone, and 
Peucedanum sandwicense. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for their conservation on Molokai, and provides habitat to 
support one or more of the 8 to 10 populations for each species and 300 
mature individuals per population for Bidens wiebkei, Ischaemum byrone, 
and Peucedanum sandwicense, or 500 mature individuals per population 
for Centaurium sebaeoides, throughout their known historical range (see 
the discussion of conservation requirements in Section D, and in the 
table for Molokai D).
    The unit contains a total of 466 ha (1,153 ac) on privately owned 
land. It is bordered by Kawainui watershed in the west, Halawa 
watershed in the east and contains a portion of the Pipiwai watershed. 
The natural features in this unit include: Apuuiki Gulch, Hakaaano 
(summit), Halawaiki Gulch, Hinalenale Point, Kahaakea Gulch, Kaonihu 
(cape), Kepuna Gulch, Kuinanaho Gulch, Lamaloa Gulch, Lamaloa Head 
(summit), Lelemako Gulch, Pipiwai Gulch, and Waialana Gulch.

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[[Page 16545]]



Molokai E1

    The proposed unit Molokai E1 provides occupied habitat for one 
species: Bidens wiebkei. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on Molokai, and provides habitat to 
support one or more of the 8 to 10 populations and 300 mature 
individuals per population for Bidens wiebkei throughout its known 
historical range (see the discussion of conservation requirements in 
Section D, and in the table for Molokai E1).
    This unit cluster contains a total of 127 ha (315 ac) on State and 
privately owned lands. It is bordered in the west by Halawa watershed 
and in the east by Papio watershed. The natural features of this unit 
cluster include: Alanuipuhipaka Ridge, Koalii (summit), Papio Gulch, 
and Puu Hoku o.

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[[Page 16547]]



Molokai E2

    The proposed unit Molokai E2 provides occupied habitat for one 
species: Bidens wiebkei. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on Molokai, and provides habitat to 
support one or more of the 8 to 10 populations and 300 mature 
individuals per population for Bidens wiebkei throughout its known 
historical range (see the discussion of conservation requirements in 
Section D, and in the table for Molokai E2).
    The unit contains a total of 332 ha (821 ac) on State and privately 
owned lands. It is bordered in the north by Honowewe watershed and in 
the south by Pohakupili watershed. The natural features include: 
Kukumamalu Gulch, Pohakupili Gulch, Puu Nananana, and Waialapai Gulch.

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[[Page 16549]]



Molokai F

    The proposed unit Molokai F provides occupied habitat for 30 
species: Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, 
Canavalia molokaiensis, Clermontia oblongifolia ssp. brevipes, Ctenitis 
squamigera, Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea 
mannii, Cyanea procera, Diellia erecta, Hedyotis mannii, Labordia 
triflora, Lysimachia maxima, Mariscus faurei, Melicope mucronulata, 
Melicope reflexa, Neraudia sericea, Phyllostegia mannii, Platanthera 
holochila, Plantago princeps, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Vigna o-wahuensis, and Zanthoxylum 
hawaiiense. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on Molokai, and provides habitat to support one or 
more of the 8 to 10 populations for each species and 100 mature 
individuals per population for Alectryon macrococcus, Labordia 
triflora, Melicope mucronulata, Melicope reflexa, and Zanthoxylum 
hawaiiense, or 300 mature individuals per population for Adenophorus 
periens, Bidens wiebkei, Canavalia molokaiensis, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Diellia erecta, Hedyotis mannii, Lysimachia maxima, Mariscus faurei, 
Neraudia sericea, Phyllostegia mannii, Platanthera holochila, Plantago 
princeps, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene lanceolata, Stenogyne bifida, and Vigna o-
wahuensis, 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 four species: 
Eugenia koolauensis, Flueggea noewawraea, Phyllostegia mollis, and 
Silene alexandri. 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 Molokai, 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 Eugenia koolauensis and Flueggea noewawraea, or 300 
mature individuals per population for Silene alexandri and Phyllostegia 
mollis, throughout their known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Molokai 
F).
    The unit contains a total of 4,956 ha (12,247 ac) on State and 
privately owned lands. It bordered in the west by Manawainui watershed 
and in the east by Mapulehu watershed and contains portions of the 
Kahananui, Kalamaula, Kaluaaha, Kamalo, Kamiloloa, Kaunakakai, Kawela, 
Ohia, Pelekunu, Waialeia, Waihanau, Waikolu, Wailau, and Wawaia 
watersheds. This unit contains portions of Kalaupapa National 
Historical (National Historical Park) and Molokai Forest Reserve (State 
Forest Reserve). The natural features include: Kaholoapele (summit), 
Kalapa Konomanu (ridge), Kalapamoa Ridge, Kaluaolohe (summit), Kapuna 
Spring, Kaulahuki (summit), Kaulolo (summit), Keanakoholua Ridge, 
Kikiakala (summit), Kuana Ridge, Lae o Kapuna (ridge), Lapakohana 
(summit), Lehuula (summit), Makalihua (summit), Maunahui (summit), 
Maunaoluolu (summit), Na Puu Kulua (summit), Ooa (summit), Pelekunu 
Gulch, Pohakuloa (summit), Puu Haha, Puu Makaliilii, Puu o Wahaula, 
Uapa (summit), and Waihii (spring).

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[[Page 16554]]



Molokai G

    The proposed unit Molokai G provides occupied habitat for two 
species: Mariscus faurei and Sesbania tomentosa. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on Molokai, and 
provides habitat to support one or more of the 8 to 10 populations for 
each species and 300 mature individuals per population, throughout 
their known historical range considered by the recovery plans to be 
necessary for the conservation of each species.
    This unit also provides unoccupied habitat for two species: 
Hibiscus brackenridgei and Isodendrion pyrifolium. 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 Molokai, 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 Molokai G).
    The unit contains a total of 3,023 ha (7,471 ac) on State and 
privately owned lands. It is bordered on the west by Kaunakakai 
watershed and in the east by Wawaia watershed and includes portions of 
Kamalo, Kamiloloa and Kawela watersheds. This unit contains all of the 
Kamiloloa Plant Sanctuary. The natural features include: Ekahanui 
(summit), Kapuaokoolau Gulch, Kau Gulch, Kukuiokahoalii (summit), 
Lepelepe (summit), Makakiloia (summit), North Fork Kaunakakai Gulch, 
Puu Papai, and South Fork Kaunakakai Gulch.

[[Page 16555]]

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[[Page 16556]]



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 that the action 
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, including the 
Service, 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 46 plant species will require section 7 consultation. 
Activities on private or State lands requiring a permit from a Federal 
agency, such as a permit from the U.S. Army Corps of Engineers (Corps) 
under section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.), or a 
section 10(a)(1)(B) permit from us, or some other Federal action, 
including funding (e.g. from the Federal Highway Administration, 
Federal Aviation Administration (FAA), Federal Emergency Management 
Agency (FEMA), permits from the Department of Housing and Urban 
Development, activities funded by the EPA, Department of Energy, or any 
other Federal agency; regulation of airport improvement activities by 
the FAA; and construction of communication sites licensed by the 
Federal Communication Commission will also continue to be subject to 
the section 7 consultation process. Federal actions not affecting 
critical habitat and actions on non-Federal lands that are not 
federally funded, authorized, or permitted do not require section 7 
consultation.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. We 
note that such activities may also jeopardize the continued existence 
of the species.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly adversely affect critical 
habitat include, but are not limited to:
    (1) Activities that appreciably degrade or destroy the primary 
constituent elements including, but not limited to: Overgrazing; 
maintenance of feral ungulates; clearing or cutting of native live 
trees and shrubs, whether by burning or mechanical, chemical, or other 
means (e.g., woodcutting, bulldozing, construction, road building, 
mining, herbicide application); introducing or enabling the spread of 
non-native species; and taking actions that pose a risk of fire.
    (2) Activities that alter watershed characteristics in ways that 
would appreciably reduce groundwater recharge or alter natural, dynamic 
wetland or other vegetative communities. Such activities may include 
water diversion or impoundment, excess groundwater pumping, 
manipulation of vegetation such as timber harvesting, residential and 
commercial development, and grazing of livestock or horses that 
degrades watershed values.
    (3) Rural residential construction that includes concrete pads for 
foundations and the installation of septic systems in wetlands 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.
    (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 primary constituent elements of 
designated critical habitat.
    If you have questions regarding whether specific activities will 
likely

[[Page 16557]]

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, OR 97232-4181 (telephone 
503/231-2063; facsimile 503/231-6243).

Relationship to Habitat Conservation Plans and Other Planning Efforts

    Currently, there are no HCPs that include any of the plant species 
discussed in this proposal as covered species. In the event that future 
HCPs covering any of the discussed plant species are developed within 
the boundaries of designated critical habitat, we will work with 
applicants to encourage them to provide for protection and management 
of habitat areas essential to the conservation of the species. This 
could be accomplished by either directing development and habitat 
modification to nonessential areas, or appropriately modifying 
activities within essential habitat areas so that such activities will 
not adversely modify the primary constituent elements. The HCP 
development process would provide an opportunity for more intensive 
data collection and analysis regarding the use of particular areas by 
these plant species.

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 economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. However, 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 impacts of designating 
these areas as critical habitat and in accordance with recent decisions 
in the N.M. Cattlegrowers Ass'n v. U.S. Fish and Wildlife Serv., 248 
F.3d 1277 (10th Cir. 2001) prior to a final determination. The economic 
analysis will include detailed information on the baseline costs and 
benefits of the critical habitat designation regardless of whether the 
costs are coextensive with listing, where such estimates are available. 
This information on the baseline will allow a fuller appreciation of 
the economic impacts associated with critical habitat designation. When 
completed, we will announce the availability of the draft economic 
analysis with a notice in the Federal Register, and we will open a 
public comment period on the draft economic analysis and re-open the 
comment period on the proposed rule at that time.
    We will utilize the final economic analysis, and take into 
consideration all comments and information regarding economic or other 
impacts submitted during the public comment period and the public 
hearing, to make final critical habitat designations. We may exclude 
areas from critical habitat upon a determination that the benefits of 
such exclusions outweigh the benefits of specifying such areas as part 
of critical habitat; however, we cannot exclude areas from critical 
habitat when such exclusion will result in the extinction of the 
species.

Public Comments Solicited

    It is our intent that any final action resulting from this proposal 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry or any other interested 
party concerning this proposed rule.
    We invite comments from the public that provide information on 
whether lands within proposed critical habitat are currently being 
managed to address conservation needs of these listed plants. As stated 
earlier in this revised proposed rule, if we receive information that 
any of the areas proposed as critical habitat are adequately managed, 
we may delete such areas from the final rule, because they would not 
meet the definition in section 3(5)(A)(i) of the Act. In determining 
adequacy of management, we must find that the management effort is 
sufficiently certain to be implemented and effective so as to 
contribute to the elimination or adequate reduction of relevant threats 
to the species.
    We are soliciting comment in this revised proposed rule on whether 
current land management plans or practices applied within areas 
proposed as critical habitat adequately address the threat to these 
listed species.
    We are aware that the State of Hawaii and private landowners are 
considering the development and implementation of land management plans 
or agreements that may promote the conservation and recovery of 
endangered and threatened plant species on the island of Molokai. We 
are soliciting comments in this proposed rule on whether current land 
management plans or practices applied within the areas proposed as 
critical habitat 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 46 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, and
    (6) Economic and other potential values associated with designating 
critical habitat for the above plant species such as those derived from 
non-consumptive uses (e.g., hiking, camping, birding, enhanced 
watershed protection, increased soil retention, ``existence values,'' 
and reductions in administrative costs); and
    (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.
    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

[[Page 16558]]

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 4, 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 DATES 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?
    Send a copy of any comments that concern how we could make this 
notice easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street, NW, Washington, 
DC 20240.

Taxonomic Changes

    At the time we listed Cyanea grimesiana ssp. grimesiana, Hibiscus 
brackenridgei, and Phyllostegia mollis we followed the taxonomic 
treatments in Wagner et al. (1990), the widely used and accepted Manual 
of the Flowering Plants of Hawaii. 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 Molokai before we can prepare and publish 
a notice of taxonomic changes for these three species. We propose to 
publish a taxonomic change notice for these three species after we have 
published the final critical habitat designations on Molokai. At that 
time we will evaluate the critical habitat designations on Molokai for 
these three 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 a draft economic analysis of this proposed action, which 
will be available for public comment, to determine the economic 
consequences of designating the specific areas identified as critical 
habitat. The availability of the draft economic analysis will be 
announced in the Federal Register so that it is available for public 
review and comments.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded pursuant to section 4 of 
the Act, we do not believe this rule will have an annual economic 
effect of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State or local governments 
or communities. Therefore, at this time, we do not believe a cost 
benefit and economic analysis pursuant to Executive Order 12866 is 
required. We will revisit this if the economic analysis indicates 
greater impacts than currently anticipated.
    The dates for which the 46 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).

[[Page 16559]]



Table 6.--Impacts of Critical Habitat Designation for 46 Plants From the
                            Island of Molokai
------------------------------------------------------------------------
                                                           Additional
                                                           activities
                                Activities potentially     potentially
   Categories of activities       affected by species      affected by
                                     listing only       critical habitat
                                                        designation. \1\
------------------------------------------------------------------------
Federal Activities Potentially  Activities conducted    These same
 Affected \2\.                   by the Army Corps of    activities
                                 Engineers, Department   carried out by
                                 of Transportation,      Federal
                                 Department of           Agencies in
                                 Defense, Department     designated
                                 of Agriculture,         areas where
                                 Environmental           section 7
                                 Protection Agency,      consultations
                                 Federal Emergency       would not have
                                 Management Agency,      occurred but
                                 Federal Aviation        for the
                                 Administration,         critical
                                 Federal                 habitat
                                 Communications          designation.
                                 Commission,
                                 Department of
                                 Interior activities
                                 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 by
                                 authorization, or       Federal
                                 funding) and may        Agencies in
                                 remove or destroy       designated
                                 habitat for these       areas where
                                 plants by mechanical,   section 7
                                 chemical, or other      consultations
                                 means (e.g.,            would not have
                                 overgrazing,            occurred but
                                 clearing, cutting       for the
                                 native live trees and   critical
                                 shrubs, water           habitat
                                 diversion,              designation.
                                 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 action 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 of 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 46 plant species since their listing between 1991 and 
1999. For the reasons discussed above, the prohibition against adverse 
modification of critical habitat would not be expected to impose few, 
if any, additional restrictions to those that currently exist in the 
proposed critical habitat on currently occupied lands. However, we will 
evaluate any impact of designating areas where section 7 consultations 
would not have occurred but for the critical habitat designation 
through our economic analysis. Because of the potential for impacts on 
other Federal agency activities, we will continue to review this 
proposed action for any inconsistencies with other Federal agency 
actions.
    (c) We do not expect this proposed rule, if made final, to 
significantly affect entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Federal agencies are 
currently required to ensure that their activities do not jeopardize 
the continued existence of a listed species, and, as discussed above, 
we do not anticipate that the adverse modification prohibition, 
resulting from critical habitat designation will have any incremental 
effects in areas of occupied habitat on any Federal entitlement, grant, 
or loan program. We will evaluate any impact of designating areas where 
section 7 consultation would not have occurred but for the critical 
habitat designation through our economic analysis.
    (d) OMB has determined that this rule may raise novel legal or 
policy issues and, as a result, this rule has undergone OMB review.

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Act (SBREFA) of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effects of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act (RFA) to require Federal

[[Page 16560]]

agencies to provide a statement of the factual basis for certifying 
that the rule will not have a significant economic effect on a 
substantial number of small entities. SBREFA also amended the RFA to 
require a certification statement. In today's rule, we are certifying 
that the rule will not have a significant effect on a substantial 
number of 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 Administration, small entities 
include small organizations, such as independent non-profit 
organizations, and small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents, as well as small businesses. Small businesses include 
manufacturing and mining concerns with fewer than 500 employees, 
wholesale trade entities with fewer than 100 employees, retail and 
service businesses with less than $5 million in annual sales, general 
and heavy construction businesses with less than $27.5 million in 
annual business, special trade contractors doing less than $11.5 
million in annual business, and agricultural businesses with annual 
sales less than $750,000. To determine if potential economic impacts to 
these small entities are significant, we consider the types of 
activities that might trigger regulatory impacts under this rule as 
well as the types of project modifications that may result. In general, 
the term significant economic impact is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, timber harvesting, etc.). We apply the 
``substantial number'' test individually to each industry to determine 
if certification is appropriate. In estimating the numbers of small 
entities potentially affected, we also consider whether their 
activities have any Federal involvement; some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies; non-Federal activities are 
not affected by the designation. In areas where the species is present, 
Federal agencies are already required to consult with us under section 
7 of the Act on activities that they fund, permit, or implement that 
may affect Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea 
procera, Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, 
Flueggea neowawraea, Hedyotis mannii, Hesperomannia arborescens, 
Hibiscus arnottianus ssp. immaculatus, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Labordia triflora, Lysimachia 
maxima, Mariscus fauriei, Marsilea villosa, Melicope mucronulata, 
Melicope reflexa, Neraudia sericea, Peucedanum sandwicense, 
Phyllostegia mannii, Phyllostegia mollis, Plantago princeps, 
Platanthera holochila, Schiedea lydgatei, Schiedea nuttallii, Schiedea 
sarmentosa, Sesbania tomentosa, Silene alexandri, Silene lanceolata, 
Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium rockii, 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, and the duty to avoid adverse 
modification of critical habitat would not trigger additional 
regulatory impacts beyond the duty to avoid jeopardizing the species.
    Even if the duty to avoid adverse modification does not trigger 
additional regulatory impacts in areas where the species is present, 
designation of critical habitat could result in an additional economic 
burden on small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities. However, since these 46 
plant species were listed (between 1991 and 1999), on the island of 
Molokai we have conducted 19 informal consultations and no formal 
consultations, in addition to consultations on Federal grants to State 
wildlife programs, which do not affect small entities. Six informal 
consultations were conducted on behalf of private individuals or 
consulting firms, requesting species lists for different locations on 
Molokai. None of the 46 species were reported from these locations. 
Five informal consultations were conducted on behalf of NRCS requesting 
species lists or regarding revegetation or habitat restoration projects 
at different locations on Molokai. None of the 46 species were reported 
from these locations. Two informal consultations were conducted on 
behalf of the State of Hawaii and Maui Co. regarding proposed landfill 
projects. None of the 46 species were reported from these locations. 
One informal consultation was conducted on behalf of the U.S. Army 
Corps of Engineers regarding a stream restoration project. None of the 
46 species were reported from the project area. One informal 
consultation was conducted on behalf of the Federal Communications 
Commission regarding an antenna cell site in Kaunakakai. None of the 46 
species were reported from the project area. One informal consultation 
was conducted on behalf of a private consulting firm requesting a 
species list for a proposed project regarding a VHF direction finder in 
Mauna Loa. Three of the 46 species, Cyperus trachysanthos, Eugenia 
koolauensis, and Sesbania tomentosa, were reported from the project 
area. One informal consultation was conducted with the U.S. Department 
of the Navy regarding a proposed Marine Corps training area on 
privately-owned leased land in west Molokai. Four of the 46 species, 
Centaurium sebaeoides, Marsilea villosa, Sesbania tomentosa, 
Tetramolopium rockii were reported from the project area. One informal 
consultation was conducted on behalf of a private non-profit 
organization requesting a species list for Kamalo and Kapualei ahupuaa. 
Three of the 46 species, Cyanea mannii, Cyanea procera, and Labordia 
triflora were reported from this area. One informal consultation was 
conducted with the U.S. Army Corps of Engineers regarding unexploded 
ordinance removal activities at Papohaku Rangelands Bombing Range and 
Punakua Land Target Area. None of the 46 species were reported from the 
project area.
    Seven of the informal consultations may have concerned small 
entities (the private individuals, consulting firms, or the non-profit 
organization). However, we do not believe this is a substantial number 
of small entities (see earlier discussion on substantial number). One 
or more of the 46 Molokai species were reported from 3 of the 7 project 
areas. However, none of these 3 proposed projects affected the Molokai 
species. We have determined that the State of Hawaii and Maui Co. are 
not small entities. The U.S. Army Corps of Engineers, NRCS, Federal 
Communications Commission, and the

[[Page 16561]]

U.S. Department of the Navy are not small entities. For the 12 informal 
consultations with the State of Hawaii, Maui Co., and Federal agencies 
we concurred with the State of Hawaii, Maui Co., and each Federal 
agency's determination that the project, as proposed, was not likely to 
adversely affect listed species. Although four of the NRCS projects are 
ongoing, they do not directly affect nor concern small entities, so the 
requirement to reinitiate consultation for ongoing projects will not 
affect a substantial number of small entities on Molokai.
    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 46 plants that have Federal involvement, and thus, 
would require consultation or reinitiation of already completed 
consultations for on-going projects. As mentioned above, only three of 
the 19 informal consultations completed under section 7 involved any of 
the species. As a result, we can not easily identify future 
consultations that may be due to the listing of the species or the 
increment of additional consultations that may be required by this 
critical habitat designation. Therefore, for the purposes of this 
review and certification under the Regulatory Flexibility Act, we are 
assuming that any future consultations in the area proposed as critical 
habitat will be due to the critical habitat designations.
    On Molokai, 47 percent of the designations are on private lands, 53 
percent of the designations are on State lands, and less than one 
percent of the designations are on Federal lands. Nearly all of the 
land within the critical habitat units will have limited suitability 
for development, land uses, and activities because of the remote 
locations, lack of access, and rugged terrain of these lands. 
Approximately 46 percent of this land is within the State Conservation 
District where State land-use controls severely limit development and 
most activities. Approximately 53 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. Less than one percent is within the State Urban District. On 
non-Federal lands, activities that lack Federal involvement would not 
be affected by the critical habitat designations. 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 communications and tracking facilities; ranching; road improvements; 
recreational use such as hiking, camping, picnicking, game hunting, 
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 may affect only a small percentage of the small entities 
within these proposed critical habitat designations.
    Lands that are within the State Urban District are located within 
undeveloped coastal areas. The types of activities that might trigger a 
consultation include shoreline restoration or modification projects 
that may require section 404 authorizations from the Corps or FEMA, 
housing or resort development that may require permits from the 
Department of Housing and Urban Development, and activities funded or 
authorized by the EPA. However, we are not aware of a significant 
number of future activities that would require Federal permitting or 
authorization in these coastal areas. Therefore, we conclude that the 
proposed rule would not affect a substantial number of small entities. 
We are not aware of any commercial activities on the Federal lands 
included in these proposed critical habitat designations.
    Even if a substantial number of small entities were affected by the 
consultation requirements of the Act, which we believe would be highly 
unlikely, and 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. Furthermore, these measures must be economically 
feasible, consistent with the intended purpose of the action, and 
within the scope of authority of the Federal agency involved in the 
consultation (see 50 CFR 404.2, definition of reasonable and prudent 
alternative). Therefore, such measures are not likely to result in a 
significant economic impact to a substantial number of small entities.
    As required under section 4(b)(2) of the Act, we will conduct an 
analysis of the potential economic impacts of this proposed critical 
habitat designation, and will make that analysis available for public 
review and comment before finalizing these designations. However, court 
deadlines require us to publish this proposed rule before the economic 
analysis can be completed.
    In 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 53 percent of the lands proposed as critical 
habitat are on State of Hawaii lands. The State of Hawaii is not a 
small entity. Approximately 47 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: Adenophorus periens, Alectryon 
macrococcus, Bidens wiebkei,

[[Page 16562]]

Brighamia rockii, Canavalia molokaiensis, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea 
procera, Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, 
Flueggea neowawraea, Hedyotis mannii, Hesperomannia arborescens, 
Hibiscus arnottianus ssp. immaculatus, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Labordia triflora, Lysimachia 
maxima, Mariscus fauriei, Marsilea villosa, Melicope mucronulata, 
Melicope reflexa, Neraudia sericea, Peucedanum sandwicense, 
Phyllostegia mannii, Phyllostegia mollis, Plantago princeps, 
Platanthera holochila, Schiedea lydgatei, Schiedea nuttallii, Schiedea 
sarmentosa, Sesbania tomentosa, Silene alexandri, Silene lanceolata, 
Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium rockii, 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 previously discussed, these 
actions are currently subject to equivalent restrictions through the 
listing protections of the species, and no further restrictions are 
anticipated to result from critical habitat designation of occupied 
areas. In our economic analysis, we will evaluate any impact of 
designating areas where section 7 consultations would not have occurred 
but for the critical habitat designation.
    (b) This rule, as proposed, will not produce a Federal mandate on 
State or local governments or the private sector of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the 46 species from Molokai in a 
preliminary takings implication assessment. The takings implications 
assessment concludes that this proposed rule does not pose significant 
takings implications. Once the revised economic analysis is completed 
for this proposed rule, we will review and revise this preliminary 
assessment as warranted.

Federalism

    In accordance with Executive Order 13132, the proposed rule does 
not have significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of Interior policy, we requested 
information from appropriate State agencies in Hawaii. The designation 
of critical habitat in areas currently occupied by one or more of the 
46 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 46 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) 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

[[Page 16563]]

no tribal lands essential for the conservation of these 46 plant 
species. Therefore, designation of critical habitat for these 46 
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 Michelle Stephens, Christa 
Russell, Gregory Koob and Marigold Zoll (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

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

    2. In Sec. 17.12(h) revise the entries for Alectryon macrococcus, 
Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, Centaurium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Eugenia koolauensis, Flueggea neowawraea, Hedyotis mannii, 
Hesperomannia arborescens, Hibiscus arnottianus ssp. immaculatus, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, 
Labordia triflora, Lysimachia maxima, Mariscus fauriei, Melicope 
mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Phyllostegia mollis, Plantago 
princeps, Platanthera holochila, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium 
rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense under ``FLOWERING 
PLANTS'' and Adenophorus periens, Ctenitis squamigera, Diellia erecta, 
Diplazium molokaiense, Marsilea villosa, 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 habitat    Special
         Scientific name              Common name                                                                                               rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering Plants
                   *                  *                  *                  *                  *                  *                  *
Alectryon macrococcus...........  Mahoe..............  U.S.A. (HI).......  Sapindaceae.......  E                      467  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Bidens wiebkei..................  Ko oko olau........  U.S.A. (HI).......  Asteraceae........  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Brighamia rockii................  Pua ala............  U.S.A. (HI).......  Campanulaceae.....  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Canavalia molokaiensis..........  Awikiwiki..........  U.S.A. (HI).......  Fabaceae..........  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Centaurium sebaeoides...........  Awiwi..............  U.S.A. (HI).......  Gentianaceae......  E                      448  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Clermontia oblongifolia ssp.      Oha wai............  U.S.A. (HI).......  Campanulaceae.....  E                      480  17.96(a)                   NA
 brevipes.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea dunbarii.................  Haha...............  U.S.A. (HI).......  Campanulaceae.....  E                      594  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea grimesiana ssp.            Haha...............  U.S.A. (HI).......  Campanulaceae.....  E                      592  17.96(a)                   NA
 grimesiana.
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea mannii...................  Haha...............  U.S.A. (HI).......  Campanulaceae.....  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Cyanea procera..................  Haha...............  U.S.A. (HI).......  Campanulaceae.....  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Eugenia koolauensis.............  Nioi...............  U.S.A. (HI).......  Myrtaceae.........  E                      536  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Flueggea neowawraea.............  Mehamehame.........  U.S.A. (HI).......  Euphorbiaceae.....  E                      559  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Hedyotis mannii.................  Pilo...............  U.S.A. (HI).......  Rubiaceae.........  E                      480  17.96(a)                   NA
 

[[Page 16564]]

 
                   *                  *                  *                  *                  *                  *                  *
Hesperomannia arborescens.......  None...............  U.S.A. (HI).......  Asteraceae........  E                      536  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Hibiscus arnottianus ssp.         Koki o ke oke o....  U.S.A. (HI).......  Malvaceae.........  E                      480  17.96(a)                   NA
 immaculatus.
 
                   *                  *                  *                  *                  *                  *                  *
Hibiscus brackenridgei..........  Ma o 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
 
                   *                  *                  *                  *                  *                  *                  *
Isodendrion pyrifolium..........  Wahine noho kula...  U.S.A. (HI).......  Violaceae.........  E                      532  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Labordia triflora...............  Kamakahala.........  U.S.A. (HI).......  Loganiaceae.......  E                      666  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Lysimachia maxima...............  None...............  U.S.A. (HI).......  Primulaceae.......  E                      594  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Mariscus fauriei................  None...............  U.S.A. (HI).......  Cyperaceae........  E                      532  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Melicope (=Pelea) mucronulata...  Alani..............  U.S.A. (HI).......  Rutaceae..........  E                      467  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Melicope reflexa................  Alani..............  U.S.A. (HI).......  Rutaceae..........  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Neraudia sericea................  None...............  U.S.A. (HI).......  Urticaceae........  E                      559  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Peucedanum sandwicense..........  Makou..............  U.S.A. (HI).......  Apiaceae..........  T                      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)
 
                   *                  *                  *                  *                  *                  *                  *
Platanthera holochila...........  None...............  U.S.A. (HI).......  Orchidaceae.......  E                      592  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Schiedea lydgatei...............  None...............  U.S.A. (HI).......  Caryophyllaceae...  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Schiedea nuttallii..............  None...............  U.S.A. (HI).......  Caryophyllaceae...  E                      592  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Schiedea sarmentosa.............  None...............  U.S.A. (HI).......  Caryophyllaceae...  E                      594  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Sesbania tomentosa..............  Ohai...............  U.S.A. (HI).......  Fabaceae..........  E                      559  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Silene alexandri................  None...............  U.S.A. (HI).......  Caryophyllaceae...  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Silene lanceolata...............  None...............  U.S.A. (HI).......  Caryophyllaceae...  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Spermolepis hawaiiensis.........  None...............  U.S.A. (HI).......  Apiaceae..........  E                      559  17.96(a)                   NA

[[Page 16565]]

 
 
                   *                  *                  *                  *                  *                  *                  *
Stenogyne bifida................  None...............  U.S.A. (HI).......  Lamiaceae.........  E                      480  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Tetramolopium rockii............  None...............  U.S.A. (HI).......  Asteraceae........  T                      480  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................
 
                   *                  *                  *                  *                  *                  *                  *
Adenophorus periens.............  Pendant kihi fern..  U.S.A. (HI).......  Grammitidaceae....  E                      559  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Ctenitis squamigera.............  Pauoa..............  U.S.A. (HI).......  Aspleniaceae......  E                      553  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Diellia erecta..................  Asplenium-leaved     U.S.A. (HI).......  Aspleniaceae......  E                      559  17.96(a)                   NA
                                   diellia.
 
                   *                  *                  *                  *                  *                  *                  *
Diplazium molokaiense...........  None...............  U.S.A. (HI).......  Aspleniaceae......  E                      553  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Marsilea villosa................  Ihi ihi............  U.S.A. (HI).......  Marsileaceae......  E                      474  17.96(a)                   NA
 
                   *                  *                  *                  *                  *                  *                  *
Pteris lidgatei.................  None...............  U.S.A. (HI).......  Adiantaceae.......  E                      553  17.96(a)                   NA
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. 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 paragraph (a)(1)(i)(F); and
    b. Amend paragraph (a)(1)(ii) by revising the entries set forth 
below.


Sec. 17.96.  Critical habitat-plants.

    (a) * * *
    (1) * * *
    (i) * * *
    (F) Molokai. 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 habitat units designated on the island of Molokai.
    (1) Note: Map 1--Index map follows:

[[Page 16566]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.017

    (2) Molokai A1 (472 ha; 1,167 ac).
    (i) Unit consists of 31 boundary points: 688438, 2345688; 688438, 
2345687; 687387, 2345133; 687714, 2344094; 687727, 2344013; 687738, 
2344018; 687757, 2343953; 688261, 2344188; 688417, 2344264; 688857, 
2344469; 689205, 2344430; 689575, 2344638; 689625, 2344650; 689886, 
2344711; 689597, 2344503; 687408, 2343701; 687025, 2344327; 687107, 
2345767; 686024, 2346761; 685228, 2347181; 684916, 2347136; 684763, 
2347181; 684553, 2347098; 683833, 2347057; 683585, 2347206; 682732, 
2347174; 682133, 2347302; 681311, 2347200; 681158, 2347060; 681139, 
2346831; 681070, 2346696. Coastline.
    (ii) Note: Map 2 follows:

[[Page 16567]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.018

    (3) Molokai A2 (1,532 ha; 3,786 ac).
    (i) Unit consists of 67 boundary points: Coastline. 709818, 
2346702; 709986, 2346425; 710425, 2346717; 710440, 2346732; 710410, 
2346835; 710502, 2346914; 710629, 2346935; 710652, 2346855; 710743, 
2346801; 710771, 2346649; 710741, 2346112; 710816, 2346035; 710901, 
2345965; 711084, 2345719; 710942, 2345334; 711246, 2345024; 711320, 
2344698; 711433, 2344723; 711521, 2344184; 711404, 2344064; 711579, 
2343795; 711731, 2343589; 711742, 2343348; 711338, 2343250; 710861, 
2343045; 710180, 2343096; 709754, 2343199; 708817, 2343079; 707590, 
2342994; 706942, 2343233; 706670, 2343420; 706124, 2343352; 705647, 
2343437; 704897, 2343727; 703705, 2343982; 702870, 2343982; 702801, 
2343795; 703142, 2343727; 703381, 2343539; 702955, 2343522; 702955, 
2343233; 702801, 2343250; 702461, 2343607; 702273, 2343573; 702005, 
2343697; 701691, 2343588; 701604, 2343660; 701216, 2343818; 700521, 
2344130; 699600, 2344164; 697977, 2344743; 697645, 2344608; 697645, 
2344607; 697298, 2344461; 696763, 2344417; 695600, 2344389; 695149, 
2344638; 694936, 2344650; 693773, 2344104; 691839, 2344164; 689970, 
2344731; 690226, 2344791; 690393, 2344834; 690849, 2344723; 691180, 
2345289; 691297, 2345352; 691318, 2345363. Coastline.
    (ii) Note: Map 3 follows:

[[Page 16568]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.019

    (4) Molokai B1 (2,179 ha; 5,384 ac).
    (i) Unit consists of 84 boundary points: Coastline.716528, 2342088; 
716513, 2342093; 716226, 2341182; 716397, 2341056; 716537, 2341006; 
716619, 2341102; 716803, 2340912; 716949, 2340883; 717034, 2340760; 
717233, 2340650; 717327, 2340487; 717417, 2340471; 717512, 2340386; 
717678, 2340008; 717794, 2340014; 718125, 2339916; 718212, 2339767; 
718369, 2339712; 718630, 2339684; 718798, 2339820; 718794, 2339660; 
718638, 2339632; 718369, 2339448; 718361, 2339127; 718483, 2338864; 
718272, 2338643; 718273, 2338203; 718311, 2337817; 716789, 2337580; 
715922, 2337961; 715899, 2337947; 715684, 2338235; 715378, 2338526; 
715087, 2338495; 714833, 2338616; 714481, 2339069; 714512, 2339187; 
714127, 2339612; 713679, 2339856; 713199, 2339840; 712861, 2339958; 
712782, 2340249; 712515, 2340422; 712183, 2341226; 712235, 2341236; 
712305, 2341201; 712382, 2341012; 712627, 2340692; 713168, 2340721; 
713765, 2341147; 713925, 2341447; 713848, 2341497; 713700, 2341472; 
713483, 2341578; 713558, 2341864; 713601, 2342024; 713813, 2342101; 
713769, 2342222; 713587, 2342159; 712991, 2342517; 712412, 2343062; 
712241, 2343301; 711901, 2343386; 711742, 2343348; 711731, 2343589; 
711579, 2343795; 711404, 2344064; 711521, 2344184; 711433, 2344723; 
711320, 2344698; 711246, 2345024; 710942, 2345334; 711084, 2345719; 
710901, 2345965; 710816, 2346035; 710741, 2346112; 710771, 2346649; 
710743, 2346801; 710652, 2346855; 710629, 2346935; 710689, 2346945; 
710676, 2346982; 710797, 2347055; 710634, 2347301. Coastline.
    (ii) Note: See Map 4.
    (5) Molokai B2 (20 ha; 50 ac).
    (i) Unit consists of eight boundary points: 715457, 2344070; 
715501, 2344048; 715671, 2344107; 715793, 2343742; 715598, 2343524; 
715331, 2343572; 715319, 2343985; 715442, 2344028.
    (ii) Note: Map 4 follows:

[[Page 16569]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.020

    (6) Molokai C (4,507 ha; 11,138 ac).
    (i) Unit consists of 157 boundary points: Coastline. 728836, 
2342347; 728793, 2342324; 728701, 2342384; 728234, 2342042; 728140, 
2341753; 728579, 2342005; 728821, 2342005; 728828, 2342014; 729232, 
2341892; 729229, 2341891; 729581, 2341642; 729957, 2340844; 730108, 
2340669; 730258, 2340309; 730192, 2339932; 730058, 2339648; 729867, 
2338695; 729764, 2338541; 729427, 2338327; 729264, 2337734; 729121, 
2337397; 728927, 2336948; 728099, 2336580; 727864, 2336478; 727783, 
2336386; 727650, 2336110; 727313, 2335793; 727266, 2335651; 727089, 
2335568; 726790, 2335537; 726421, 2335450; 725816, 2335090; 725477, 
2334971; 725021, 2334963; 724706, 2335057; 723857, 2335089; 723448, 
2335002; 722834, 2334995; 722386, 2334971; 721977, 2335215; 721613, 
2335334; 721173, 2335498; 721206, 2335488; 721387, 2335499; 721410, 
2335958; 721470, 2336127; 721713, 2336326; 721834, 2336568; 721929, 
2336656; 721893, 2337028; 722037, 2337255; 721980, 2337890; 723352, 
2338246; 723088, 2338481; 722865, 2339034; 722803, 2339144; 722612, 
2339432; 721796, 2339934; 721815, 2340038; 721731, 2340378; 721548, 
2340570; 721475, 2340813; 720996, 2341128; 720883, 2341439; 720856, 
2341640; 720767, 2341699; 720682, 2341883; 720675, 2341873; 720675, 
2341874; 720670, 2341873. Coastline. 725555, 2342048; 725162, 2341847; 
725118, 2341694; 724963, 2341709; 724936, 2341648; 724766, 2341580; 
724760, 2341583; 724671, 2341562; 724522, 2341550; 724473, 2341445; 
724325, 2341519; 724244, 2341392; 724402, 2341280; 724240, 2341210; 
724061, 2341168; 723989, 2341034; 723989, 2340961; 724000, 2340951; 
724230, 2340796; 724234, 2340791; 724370, 2340778; 724401, 2340620; 
724402, 2340548; 724436, 2340446; 724436, 2340432; 724485, 2340334; 
724510, 2340333; 724495, 2340236; 724446, 2340219; 724406, 2340142; 
724412, 2339620; 724349, 2339241; 724404, 2338894; 724498, 2338755; 
724612, 2338641; 724801, 2338452; 724894, 2338294; 725031, 2338146; 
725144, 2337958; 724994, 2337760; 725003, 2337479; 725257, 2337263; 
725247, 2337009; 725252, 2336892; 725437, 2336718; 725686, 2336671; 
725813, 2336660; 725935, 2336700; 726097, 2336793; 726155, 2336915; 
726196, 2336961; 726225, 2337071; 726132, 2337378; 725964, 2337679; 
725941, 2337986; 725950, 2337999; 725947, 2337998; 725906, 2338120; 
725825, 2338218; 725767, 2338288; 725738, 2338380; 725744, 2338389; 
725645, 2338566; 725448, 2338803; 725414, 2338989; 725356, 2339377; 
725338, 2339603; 725338, 2339765; 725350, 2340002; 725368, 2340078; 
725294, 2340274; 725320, 2340569; 725422, 2340671; 725546, 2340613; 
725674, 2340421; 726007, 2340256; 726216, 2340230; 726381, 2340282; 
726458, 2340381; 726442, 2340648; 726402, 2341022; 726123, 2341391; 
725990, 2341595; 725911, 2341717; 725911, 2341908; 725856, 2341920; 
725602, 2341999. Coastline.

    (ii) Note: Map 5 follows:


[[Page 16570]]


[GRAPHIC] [TIFF OMITTED] TP05AP02.021

    (7) Molokai D (466 ha; 1,153 ac).
    (i) Unit consists of 16 boundary points: Coastline. 735073 2341908; 
734741, 2341866; 734580, 2341689; 733836, 2341246; 733552, 2341204; 
733301, 2341681; 733159, 2342717; 733392, 2342952; 732578, 2342966; 
732511, 2342806; 732072, 2342828; 731709, 2342697; 731434, 2342730; 
729232, 2341892; 728828, 2342014; 729038, 2342298. Coastline.

    (ii) Note: Map 6 follows:


[[Page 16571]]


[GRAPHIC] [TIFF OMITTED] TP05AP02.022

    (8) Molokai E1 (127 ha; 315 ac).
    (i) Unit consists of 33 boundary points: 735124, 2340970; 735291, 
2341321; 735533, 2341329; 735776, 2341212; 735985, 2341212; 736223, 
2341276; 736217, 2340947; 736046, 2340843; 735903, 2340779; 735813, 
2340810; 735746, 2340729; 735757, 2340674; 735719, 2340657; 735600, 
2340485; 735633, 2340403; 735642, 2340318; 735606, 2340279; 735634, 
2340180; 735595, 2340135; 735468, 2340113; 735433, 2340017; 735366, 
2340000; 735249, 2340109; 735273, 2340184; 735238, 2340212; 735183, 
2340197; 735123, 2340251; 735057, 2340393; 734706, 2340477; 734147, 
2340302; 733937, 2340593; 734672, 2340853; 734864, 2340794.
    (ii) Note: See Map 7.
    (9) Molokai E2 (332 ha; 821 ac).
    (i) Unit consists of 36 boundary points: 737018, 2339565; 736837, 
2339239; 736704, 2338973; 736662, 2338813; 736529, 2338732; 736480, 
2338614; 736406, 2338354; 736126, 2338105; 736061, 2338127; 735773, 
2337713; 735626, 2337632; 735641, 2337576; 735482, 2337166; 735223, 
2337008; 734973, 2337108; 734663, 2337426; 734479, 2337518; 734028, 
2338329; 734446, 2338897; 734898, 2338947; 735157, 2338864; 735366, 
2338680; 735416, 2338588; 735708, 2338479; 735926, 2338529; 736001, 
2338747; 736086, 2338865; 735909, 2339098; 735869, 2339285; 736156, 
2339195; 736303, 2339251; 736399, 2339426; 736498, 2339578; 736566, 
2339891; 736863, 2339942; 736858, 2339643.
    (ii) Note: Map 7 follows:

[[Page 16572]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.023

    (10) Molokai F (4,956 ha; 12,247 ac).
    (i) Unit consists of 119 boundary points: 719529, 2336227; 719749, 
2335976; 720278, 2335860; 720611, 2335749; 720920, 2335559; 721062, 
2335514; 721173, 2335498; 721613, 2335334; 721977, 2335215; 722386, 
2334971; 722834, 2334995; 723448, 2335002; 723857, 2335089; 724706, 
2335057; 725021, 2334963; 725477, 2334971; 725816, 2335090; 726421, 
2335450; 726790, 2335537; 727089, 2335568; 727266, 2335651; 727119, 
2335201; 726677, 2335067; 726193, 2334817; 726639, 2334616; 726590, 
2333985; 726403, 2333749; 726710, 2333199; 726302, 2333066; 724790, 
2332688; 723343, 2332405; 722490, 2332473; 721784, 2332745; 721475, 
2332984; 721316, 2333218; 721301, 2333454; 721209, 2333676; 720882, 
2333841; 720738, 2333846; 720618, 2333945; 720576, 2334111; 720187, 
2334392; 719814, 2334623; 719289, 2334656; 719018, 2334503; 718951, 
2334284; 719005, 2334080; 719118, 2333770; 719056, 2333517; 719084, 
2333337; 719257, 2332763; 719461, 2332353; 719459, 2332351; 719461, 
2332348; 719407, 2332277; 718953, 2332223; 718360, 2332310; 717555, 
2332678; 717008, 2332914; 715529, 2333806; 714533, 2334360; 714364, 
2334333; 713748, 2334435; 713234, 2334488; 712718, 2334659; 711743, 
2335087; 711649, 2335040; 710674, 2335516; 710663, 2335614; 709878, 
2335802; 709773, 2335899; 709777, 2335900; 709736, 2335937; 710640, 
2336345; 710903, 2336608; 711297, 2336725; 711584, 2336948; 711801, 
2337136; 712243, 2337338; 712475, 2337574; 712383, 2337889; 711308, 
2338812; 710399, 2338678; 709997, 2339210; 709837, 2339210; 709774, 
2339294; 709662, 2339882; 709442, 2339948; 709152, 2340035; 708894, 
2340184; 708808, 2340350; 708897, 2340586; 709174, 2340969; 709417, 
2341167; 709654, 2341312; 710027, 2341412; 710387, 2341374; 710869, 
2341290; 711309, 2341265; 711520, 2341187; 711621, 2341088; 711786, 
2341082; 712060, 2341201; 712183, 2341226; 712515, 2340422; 712782, 
2340249; 712861, 2339958; 713199, 2339840; 713679, 2339856; 714127, 
2339612; 714512, 2339187; 714481, 2339069; 714833, 2338616; 715087, 
2338495; 715378, 2338526; 715684, 2338235; 715899, 2337947; 713011, 
2336155; 717956, 2334877.
    (ii) Note: Map 8 follows:

[[Page 16573]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.024

    (11) Molokai G (3,023 ha; 7,471 ac).
    (i) Unit consists of 69 boundary points: 711649, 2335040; 711611, 
2335022; 712397, 2334261; 713207, 2333668; 715319, 2332627; 715872, 
2332241; 716521, 2332067; 717676, 2331858; 719317, 2331700; 720853, 
2331744; 721642, 2331732; 721727, 2330792; 721763, 2330136; 721733, 
2330033; 721586, 2329994; 721364, 2330017; 721371, 2330503; 721317, 
2330476; 721292, 2330130; 721257, 2330125; 721183, 2330223; 721149, 
2330249; 720907, 2330227; 720761, 2330182; 720374, 2330071; 720374, 
2329960; 719320, 2329977; 718175, 2330162; 716599, 2330458; 715341, 
2330665; 715000, 2330799; 715001, 2330803; 714717, 2330899; 714919, 
2331303; 714934, 2331460; 714904, 2331602; 714664, 2331565; 714343, 
2331640; 714208, 2331730; 713826, 2331834; 712861, 2331999; 712585, 
2332089; 712308, 2332021; 712001, 2332133; 711649, 2332066; 711328, 
2332268; 710849, 2332433; 710670, 2332017; 710424, 2331821; 709872, 
2332028; 709929, 2332261; 709630, 2332470; 709495, 2332193; 708686, 
2332827; 708590, 2332949; 708133, 2333235; 707072, 2333778; 706205, 
2334559; 706166, 2334682; 706446, 2334939; 707043, 2335392; 707518, 
2335889; 707764, 2335906; 708287, 2335419; 709485, 2334639; 709485, 
2334643; 709599, 2334575; 710676, 2335499; 710674, 2335516.
    (ii) Note: Map 9 follows.

[[Page 16574]]

[GRAPHIC] [TIFF OMITTED] TP05AP02.025


Table (a)(1)(i)(F).--Protected Species Within Each Critical Habitat Unit
                               for Molokai
------------------------------------------------------------------------
            Unit name              Species occupied   Species unoccupied
------------------------------------------------------------------------
Molokai A1......................  Centaurium
                                   sebaeoides,
                                   Marsilea villosa,
                                   Tetramolopium
                                   rockii.
Molokai A2......................  Centaurium
                                   sebaeoides,
                                   Sesbania
                                   tomentosa,
                                   Tetramolopium
                                   rockii.
Molokai B1......................  Adenophorus
                                   periens,
                                   Brighamia rockii,
                                   Centaurium
                                   sebaeoides,
                                   Clermontia
                                   oblongifolia ssp.
                                   brevipes, Cyanea
                                   dunbarii, Cyanea
                                   grimesiana ssp.
                                   grimesiana,
                                   Cyanea procera,
                                   Hedyotis mannii,
                                   Hibiscus
                                   arnottianus ssp.
                                   immaculatus,
                                   Ischaemum byrone,
                                   Lysimachia
                                   maxima,
                                   Peucedanum
                                   sandwicense,
                                   Phyllostegia
                                   mannii, Plantago
                                   princeps,
                                   Platanthera
                                   holochila,
                                   Schiedea
                                   nuttallii,
                                   Stenogyne bifida,
                                   Tetramolopium
                                   rockii.
Molokai B2......................  Peucedanum          Brighamia rockii,
                                   sandwicense.        Ischaemum byrone,
                                                       Tetramolopium
                                                       rockii.
Molokai C.......................  Adenophorus         Diplazium
                                   periens,            molokaiense.
                                   Brighamia rockii,
                                   Centaurium
                                   sebaeoides,
                                   Clermontia
                                   oblongifolia ssp.
                                   brevipes, Cyanea
                                   grimesiana ssp.
                                   grimesiana,
                                   Hesperomannia
                                   arborescens,
                                   Hibiscus
                                   arnottianus ssp.
                                   immaculatus,
                                   Ischaemum byrone,
                                   Lysimachia
                                   maxima, Melicope
                                   reflexa,
                                   Peucedanum
                                   sandwicense,
                                   Phyllostegia
                                   mannii, Pteris
                                   lidgatei.
Molokai D.......................  Bidens wiebkei,
                                   Centaurium
                                   sebaeoides,
                                   Ischaemum byrone,
                                   Peucedanum
                                   sandwicense.
Molokai E1......................  Bidens wiebkei....
Molokai E2......................  Bidens wiebkei....
Molokai F.......................  Adenophorus         Eugenia
                                   periens,            koolauensis,
                                   Alectryon           Flueggea
                                   macrococcus,        noewawraea,
                                   Bidens wiebkei,     Phyllostegia
                                   Canavalia           mollis, Silene
                                   molokaiensis,       alexandri
                                   Clermontia
                                   oblongifolia ssp.
                                   brevipes,
                                   Ctenitis
                                   squamigera,
                                   Cyanea dunbarii,
                                   Cyanea grimesiana
                                   ssp. grimesiana,
                                   Cyanea mannii,
                                   Cyanea procera,
                                   Diellia erecta,
                                   Hedyotis mannii,
                                   Labordia
                                   triflora,
                                   Lysimachia
                                   maxima, Mariscus
                                   faurei, Melicope
                                   mucronulata,
                                   Melicope reflexa,
                                   Neraudia sericea,
                                   Phyllostegia
                                   mannii, Plantago
                                   princeps,
                                   Platanthera
                                   holochila,
                                   Schiedea
                                   lydgatei,
                                   Schiedea
                                   nuttallii,
                                   Schiedea
                                   sarmentosa,
                                   Sesbania
                                   tomentosa, Silene
                                   lanceolata,
                                   Spermolepis
                                   hawaiiensis,
                                   Stenogyne bifida,
                                   Vigna o-
                                   wahuensis,
                                   Zanthoxylum
                                   hawaiiense.
Molokai G.......................  Mariscus faurei,     Hibiscus
                                   Sesbania            brackenridgei,
                                   tomentosa.          Isodendrion
                                                       pyrifolium.
------------------------------------------------------------------------


[[Page 16575]]

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

Family Apiaceae: Peucedanum sandwicense (makou)

    Molokai B1, B2, C, and D, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Peucedanum sandwicense 
on Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Cliff habitats in brown soil and talus in Chamaesyce 
celastroides var. amplectans-Chenopodium oahuense coastal dry shrubland 
or Diospyros sandwicensis forest and containing one or more of the 
following associated native species: Eragrostis sp., Santalum 
ellipticum, Pritchardia hillebrandii, Reynoldsia sandwicensis, 
Osteomeles anthyllidifolia, Scaevola sericea, Senna gaudichaudii, 
Pittosporum halophilum, Sida fallax, Plumbago zeylanica, Artemisia 
australis, Portulaca lutea, Lepidium bidentatum var. o-waihiense, 
Schiedea globosa, Lipochaeta integrifolia, Peperomia remyi, 
Plectranthus parviflorus, Dianella sandwicensis or Metrosideros 
polymorpha; and
    (2) Elevations between sea level and above 840 m (0 and 2,755 ft).

Family Apiaceae: Spermolepis hawaiiensis (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Spermolepis hawaiiensis on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Ridge crests and gulch slopes in dry to mesic shrubland and 
containing one or more of the following associated native species: 
Dodonea viscosa, Metrosideros polymopha, or Styphelia tameiameiae; and
    (2) Elevations between 432 and 972 m (1,416 and 3,188 ft).

Family Asteraceae: Bidens wiebkii (ko oko olau)

    Molokai D, E1, E2, and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Bidens wiebkii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Slopes in Metrosideros polymorpha dominated mesic shrublands or 
dry or mesic Metrosideros polymorpha-Styphelia tameiameiae lowland 
shrubland and containing one or more of the following associated native 
plant species: Antidesma platyphyllum, Dodonea viscosa, Psydrax 
odoratum, Lysimachia sp., Nestegis sandwicensis, Phyllanthus distichus, 
Pisonia sp., or Scaevola gaudichaudii; and
    (2) elevations between 8 and 1,205 m (26 and 3,952 ft).

Family Asteraceae: Hesperomannia arborescens (NCN)

    Molokai C, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Hesperomannia arborescens on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Slopes or ridges in wet Metrosideros polymorpha-Dicranopteris 
linearis lowland forest or mesic Diospyros sandwicensis-Metrosideros 
polymorpha lowland forest transition zones and containing one or more 
of the following associated native species: Broussaisia arguta, 
Freycinetia arborea, Antidesma sp., Cibotium glaucum, Psychotria 
mauiensis, Elaphoglossum sp., Coprosma sp., Hedyotis sp., Cheirodendron 
sp., Smilax melastomifolia, Clermontia pallida, Thelypteris sp., 
Diplopterygium pinnatum, Ilex anomala, Myrsine sp., Urera glabra, 
Cyrtandra sp., Pipturus sp., Boehmeria grandis, Nestegis sandwicensis, 
Nephrolepis exaltata, or Wikstroemia sp.; and
    (2) Elevations between 175 and 959 m (574 and 3,145 ft).

Family Asteraceae: Tetramolopium rockii (NCN)

    Molokai A1, A2 and B2, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Tetramolopium rockii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Hardened calcareous sand dunes or ash-covered basalt in the 
coastal spray zone or coastal dry shrubland and grassland and 
containing one or more of the following associated native species: 
Psydrax odoratum, Diospyros sandwicensis, Metrosideros polymorpha, 
Osteomeles anthyllidifolia, Scaevola sp., Fimbristylis cymosa, 
Heliotropium anomalum, Lipochaeta integrifolia, Sida fallax, or 
Sporobolus virginicus; and
    (2) Elevations between sea level and 199 m (0 and 653 ft).

Family Campanulaceae: Brighamia rockii (pua ala)

    Molokai B1, B2, and C, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Brighamia rockii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Rock crevices on steep basalt sea cliffs, often within the 
spray zone, in coastal dry or mesic forest, Eragrostis variabilis mixed 
coastal cliff communities, or shrubland, or Pritchardia sp. coastal 
mesic forest and containing one or more of the following associated 
native species: Pritchardia hillebrandii, Chamaesyce celastroides var. 
amplectans, Wikstroemia uva-ursi, Carex wahuensis ssp. wahuensis, 
Mariscus phleoides ssp. phleoides, Eragrostis variabilis, Dianella 
sandwicensis, Cocculus trilobus, Phymatosorus scolopendria, Crytomium 
falcatum, Lepidium bidentatum var. o-waihiense, Pittosporum halophilum, 
Artemisia sp., Bidens sp., Schiedea globosa, Reynoldsia sandwicensis, 
Pandanus tectorius, Peucedanum sandwicensis, Hedyotis littoralis, 
Metrosideros polymorpha, Psydrax odoratum, Diospyros sandwicensis, 
Osteomeles anthyllidifolia, Tetramolopium cassia, Senna gaudichaudii, 
or Scaevola sericea; and
    (2) Elevations between sea level and 671 m (0 and 2,201 ft).

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

    Molokai B1, C, and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Clermontia oblongifolia 
ssp. brevipes on Molokai. Within these units the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Shallow soil on gulch slopes in the wet Metrosideros 
polymorpha--dominated forests and containing one or more of the 
following associated native species include Cheirodendron trigynum, 
Cibotium spp., Broussaisia argutus, Hedyotis terminalis, or Melicope 
sp.; and
    (2) Elevations between 776 and 1,508 m (2,545 and 4,946 ft).

Family Campanulaceae: Cyanea dunbarii (haha)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Cyanea dunbarii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Streambanks in mesic to wet Dicranopteris linearis-Metrosideros 
polymorpha lowland forest on moderate to steep slopes and containing 
one or more of the following associated native

[[Page 16576]]

species: Diplazium sandwicianum, Charpentiera obovata, Perrottetia 
sandwicensis, Pipturus albidus, Clermontia kakeana, Cheirodendron 
trigynum, or Freycinetia arborea; and
    (2) Elevations between 191 and 1,248 m (626 and 4,093 ft).

Family Campanulaceae: Cyanea grimesiana ssp. grimesiana (haha)

    Molokai B1, F and C, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Cyanea grimesiana ssp. 
grimesiana on Molokai. Within these units the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Mesic forest often dominated by Metrosideros polymorpha or 
Metrosideros polymorpha and Acacia koa, or cliffs, and containing one 
or more of the following associated native species: Psychotria sp., 
Bobea sp., Antidesma sp., Syzygium sandwicensis, Xylosma sp., Cibotium 
sp., Doodia sp., Nephrolepis sp., Cyrtandra sp., Dicranopteris 
linearis, or Freycinetia arborea; and
    (2) Elevations between 93 and 1,354 m (305 and 4,441 ft).

Family Campanulaceae: Cyanea mannii (haha)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Cyanea mannii on Molokai. Within these 
units the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Sides of deep gulches in Metrosideros polymorpha-dominated 
montane mesic forests and containing one or more of the following 
associated native species: Wiskstroemia sp., Dicranopteris linearis, or 
Vaccinium sp.; and
    (2) Elevations between 191 and 1,248 m (626 and 4,093 ft).

Family Campanulaceae: Cyanea procera (haha)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Cyanea procera on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Walls of steep gulches in wet Metrosideros polymorpha-dominated 
lowland mixed forests and containing one or more of the following 
associated native species: Asplenium spp., Brousaissia arguta, Coprosma 
ochracea, Cyanea spp., Cyrtandra macrocalyx, Dicranopteris linearis, 
Pipturus albidus, Pisonia spp., Scaevola procera, or Touchardia 
latifolia; and
    (2) Elevations between 277 and 1,248 m (909 to 4,093 ft).

Family Caryophyllaceae: Schiedea lydgatei (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Schiedea lydgatei on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Ridges in dry to mesic grassland, shrubland, or forest with 
scattered native trees and containing one or more of the following 
associated native species: Dodonaea viscosa, Metrosideros polymorpha, 
Styphelia tameiameiae, or Dicranopteris linearis; and
    (2) Elevations between 458 and 1,047 m (1,502 and 3,434 ft).

Family Caryophyllaceae: Schiedea nuttallii (NCN)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Schiedea nuttallii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Streamside grottos in wet Metrosideros polymorpha/Cheirodendron 
trigynum forest and containing one or more of the following associated 
native species: Asplenium lobulatum, Asplenium macraei, Thelypteris 
sandwicensis, Vandenboschia davallioides, Cyrtandra hawaiiensis, or 
Asplenium unilaterale; and
    (2) Elevations between 677 and 1,423 m (2,220 and 4,667 ft).

Family Caryophyllaceae: Schiedea sarmentosa (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Schiedea sarmentosa on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Slopes in Metrosideros polymorpha/Dodonaea viscosa lowland dry 
or mesic shrubland or dry to mesic forest dominated by Metrosideros 
polymorpha and/or Diospyros sandwicensis and containing one or more of 
the following associated native species: Styphelia tameiameiae, 
Chenopodium oahuensis, Alyxia oliviformis, Pleomele auwahiensis, Bidens 
menziesii, Carex meyenii, Lipochaeta rockii, Nestegis sandwicensis, 
Nothocestrum latifolium, Sida fallax, Sophora chrysophylla, or 
Chamaesyce sp.; and
    (2) Elevations between 316 and 1,072 m (1,036 and 3,516 ft).

Family Caryophyllaceae: Silene alexandri (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Silene alexandri on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Moderate to steep slopes or cliffs in dry forest and containing 
one or more of the following associated native species: Dodonaea 
viscosa, Styphelia tameiameiae, Bidens menziesii, Schiedea spp., Carex 
wahuensis, or Diospyros sandwicensis; and
    (2) Elevations between 316 and 1,073 m (1,036 and 3,519 ft).

Family Caryophyllaceae: Silene lanceolata (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Silene lanceolata on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Gulch slopes, ridge tops, and cliffs in dry to mesic shrubland 
and containing one or more of the following associated native species: 
Metrosideros polymorpha, Bidens menziesii, Schiedea spp., Carex 
wahuensis, Diospyros sandwicensis, Dodonea viscosa, Styphelia 
tameiameiae, or Dubautia linearis; and
    (2) Elevations between 581 and 1,043 m (1,905 and 3,421 ft).

Family Cyperaceae: Mariscus faurei (NCN)

    Molokai F and G, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Mariscus faurei on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Diospyros sandwicensis-dominated lowland dry forests, and 
containing one or more of the following associated native species: 
Psydrax odoratum, Peperomia sp., or Rauvolfia sandwicensis; and
    (2) Elevations between 436 and 1,120 m (1,430 and 3,673 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Flueggea neowawraea on Molokai. Within 
this unit the

[[Page 16577]]

currently known primary constituent elements of critical habitat are 
the habitat components provided by:
    (1) Gulches in mesic forest; and
    (2) Elevations between 450 and 840 m (1,476 and 2,755 ft).

Family Fabaceae: Canavalia molokaiensis (awikiwiki)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Canavalia molokaiensis on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Exposed sites, both dry and mesic, on steep slopes in 
Metrosideros polymorpha-Dodonea viscosa lowland shrubland or mesic 
shrublands and containing one or more of the following associated 
native species: Artemesia sp., Chamaesyce sp., Coprosma sp., Styphelia 
tameiameiae, or Wikstroemia sp.; and
    (2) Elevations between 271 and 1,140 m (889 and 3,739 ft).

Family Fabaceae: Sesbania tomentosa (ohai)

    Molokai A2, F, and G, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Sesbania tomentosa on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Scaevola sericea coastal dry shrubland on windswept slopes, sea 
cliffs and weathered basaltic slopes and containing one or more of the 
following associated native species: Lipochaeta integrifolia, 
Jacquemontia sandwicensis, Sida fallax, or Dodonea viscosa; and
    (2) Elevations between sea level and 516 m (0 and 1,692 ft).

Family Fabaceae: Vigna o-wahuensis (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Vigna o-wahuensis on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Dry to mesic grassland and shrubland and containing one or more 
of the following associated native species: Chenopodium oahuense, 
Cyperus laevigatus, Eragrostis variabilis, Heteropogon contortus, 
Ipomoea sp., Scaevola sericea, Sida fallax, Vitex rotundifolia, Dodonea 
viscosa, or Styphelia tameiameiae; and
    (2) Elevations between 516 and 1,041 m (1,692 and 3,414 ft).

Family Gentianaceae: Centaurium sebaeoides (awiwi)

    Molokai A1, A2, B1, C, and D, identified in the legal descriptions 
in (a)(1)(iv)(F), constitute critical habitat for Centaurium sebaeoides 
on Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Volcanic or clay soils or cliffs in arid coastal areas and 
containing one or more of the following associated native species: 
Chamaesyce celastroides, Dodonea viscosa, Fimbristylis cymosa, 
Heteropogon contortus, Lipochaeta heterophylla, Lipochaeta 
integrifolia, Lycium sandwicense, Lysimachia mauritiana, Mariscus 
phleoides, Panicum fauriei, Panicum torridum, Scaevola sericea, 
Schiedea globosa, Sida fallax, Wikstroemia uva-ursi, Artemisia sp., 
Bidens sp., Jaquemontia ovalifolia, or Lipochaeta succulenta; and
    (2) Elevations between sea level and 409 m (0 and 1,341 ft).

Family Lamiaceae: Phyllostegia mannii (NCN)

    Molokai B1, C, and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Phyllostegia mannii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Shaded sites in foggy and windswept, wet, open, Metrosideros 
polymorpha-dominated montane forest with a native shrub and Cibotium 
sp. understory and containing one or more of the following associated 
native species: Asplenium sp., Broussaisia arguta, Cheirodendron 
trigynum, Coprosma ochracea, Cyanea sp., Dicranopteris linearis, 
Hedyotis hillebrandii, Pipturus albidus, Pouteria sandwicensis, 
Psychotria sp., Touchardia latifolia, Vaccinium sp., or Wikstromia sp.; 
and
    (2) Elevations between 590 and 1508 m (1,935 and 4,946 ft).

Family Lamiaceae: Phyllostegia mollis (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Phyllostegia mollis on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Mesic Metrosideros polymorpha forests; and
    (2) Elevations between 551 and 1,216 m (1,807 and 3,988 ft).

Family Lamiaceae: Stenogyne bifida (NCN)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Stenogyne bifida on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Gulch slopes in Metrosideros polymorpha-dominated montane mesic 
to wet forest and containing one or more of the following associated 
native species: Cibotium sp., Hedyotis sp., Cyanea sp., Dicranopteris 
linearis, Dodonaea viscosa, Hedyotis hillebrandii, Pipturus albidus, 
Psychotria sp., Styphelia tameiameiae, Vaccinium sp., Wikstroemia sp., 
Cheirodendron trigynum, Broussaisia arguta, or Pouteria sandwicensis; 
and
    (2) Elevations between 336 and 1,300 m (1,102 and 4,264 ft).

Family Loganiaceae: Labordia triflora (kamakahala)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Labordia triflora on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Gulch slopes in mixed mesic Metrosideros polymorpha forest and 
containing one or more of the following associated native species: 
Pouteria sandwicensis, Sadleria cyatheoides, Nephrolepis exalta, 
Coprosma sp., Myrsine lessertiana, or Tetraplasandra hawaiensis; and
    (2) Elevations between 191 and 1,143 m (626 and 3,749 ft).

Family Malvaceae: Hibiscus arnottianus ssp. immaculatus (kokio ke 
okeo)

    Molokai B1 and C, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Hibiscus arnottianus 
ssp. immaculatus on Molokai. Within these units the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Steep sea cliffs in mesic forests and containing one or more of 
the following associated native species: Athyrium spp., Canthium 
odoratum, Cyanea grimesiana, Antidesma platyphyllum, Boehmeria grandis, 
Diospyros sandwicensis, Pipturis spp., Urera glabra, or Metrosideros 
polymorpha; and
    (2) Elevations between 8 and 1,014 m (26 and 3,326 ft).

[[Page 16578]]

Family Malvaceae: Hibiscus brackenridgei (Mau hao hele)

    Molokai G, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Hibiscus brackenridgei on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Slopes in lowland dry forest and shrubland; and
    (2) Elevations between 11 and 467 m (36 and 1,531 ft).

Family Myrtaceae: Eugenia koolauensis (Nioi)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Eugenia koolauensis on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Rocky gulches or gentle slopes with deep soil and containing 
one or more of the following associated native species: Nestegis 
sandwicensis, Nototrichium sandwicensis, Xylosma hawaiiense, Diospyros 
sandwicensis, Nesoluma polynesicum, Reynoldsia sandwicensis, or 
Erythrina sandwicensis; and
    (2) Elevations between 475 and 989 m (1,558 and 3,244 ft).

Family Orchidaceae: Platanthera holochila (NCN)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Platanthera holochila on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Slightly sloping ridgetops in Metrosideros polymorpha/
Cheirodendron trigynum wet forest or Metrosideros polymorpha mixed 
montane bog and containing one or more of the following associated 
native species: Cibotium sp., Oreobolus furcatus, or Styphelia 
tameiameiae; and
    (2) Elevations between 551 and 1,382 m (1,807 and 4,532 ft).

Family Plantaginaceae: Plantago princeps (Laukahi kuahiwi)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Plantago princeps on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Streambanks in Metrosideros polymorpha lowland mesic forest and 
containing one or more of the following associated native species: 
Coprosma sp., Wikstroemia oahuensis, Pipturus albidus, Dodonaea 
viscosa, Dryopteris unidentata, or Cyanea sp.; and
    (2) Elevations between 592 and 1,213 m (1,942 and 3,979 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Molokai B1, B2, C, and D, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Ischaemum byrone on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Coastal dry shrubland or Artemisia cliff communities, near the 
ocean, among rocks or on basalt cliffs or talus slopes and containing 
one or more of the following associated native species: Bidens 
molokaiensis, Hedyotis littoralis, Lysimachia mauritiana, Fimbrystylis 
cymosa, or Pandanus tectorius; and
    (2) Elevations between sea level and 238 m (0 and 781 ft).

Family Primulaceae: Lysimachia maxima (NCN)

    Molokai B1, C, and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Lysimachia maxima on 
Molokai. 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 and containing one or more of the following associated native 
species: Psychotria sp., Vaccinium sp., Hedyotis sp., Dubautia sp., or 
Ilex anomala; and
    (2) Elevations between 446 and 1,324 m (1,463 and 4,343 ft).

Family Rubiaceae: Hedyotis mannii (pilo)

    Molokai B1 and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Hedyotis mannii on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dark, narrow, rocky gulch walls in mesic and wet forests and 
containing one or more of the following associated native species: 
Pipturus sp., Cibotium sp., Cyanea sp., Scaevola sp., or Psychotria 
sp.; and
    (2) Elevations between 593 and 1,212 m (1,945 and 3,975 ft).

Family Rutaceae: Melicope mucronulata (alani)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Melicope mucronulata on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Steep, west-or north-facing slopes in mesic Diospyros 
sandwicensis/Metrosideros polymorpha forest, Metrosideros polymorpha/
Dodonea viscosa shrubland, or Metrosideros polymorpha/Styphelia 
tameiameiae shrubland and containing one or more of the following 
associated native species: Alyxia oliviformis, Nestegis sandwicensis, 
Coprosma foliosa, Psychotria mariniana, Pleomele auwahiensis, 
Osteomeles anthyllidifolia, Ochrosia compta, Myrsine lanaiensis, 
Alphitonia ponderosa, Pittosporum sp., Hedyotis terminalis, Melicope 
hawaiensis, or Phyllanthus sp.; and
    (2) Elevations between 199 and 1,143 m (653 and 3,749 ft).

Family Rutaceae: Melicope reflexa (alani)

    Molokai C and F, identified in the legal descriptions in 
(a)(1)(iv)(F), constitute critical habitat for Melicope reflexa on 
Molokai. Within these units the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet Metrosideros polymorpha-dominated forest with native trees, 
such as Cheirodendron sp., and containing one or more of the following 
associated native species: Cibotium spp., Dicranopteris linearis, 
Syzygium sandwicensis, Antidesma platyphyllum, Alyxia oliviformis, 
Cheirodendron trigynum, or Freycinetia arborea; and
    (2) Elevations between 319 and 1,508 m (1,046 and 4,946 ft).

Family Rutaceae: Zanthoxylum hawaiiense (ae)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Zanthoxylum hawaiiense on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Gulch slopes in mesic Metrosideros polymorpha or Diospyros 
sandwicensis forest and containing one or more of the following 
associated native species: Dodonaea viscosa, Styphelia tameiameiae, 
Pleomele auwahiensis, Nestegis sandwicensis, Alyxia oliviformis, 
Osteomeles anthyllidifolia, Psychotria spp., or Myrsine lanaiensis; and
    (2) Elevations between 754 and 1,084 m (2,473 and 3,555 ft).

Family Sapindaceae: Alectryon macrococcus var. macrococcus (mahoe)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes

[[Page 16579]]

critical habitat for Alectryon macrococcus var. macrococcus on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Dry or talus slopes or gulches within dry or mesic lowland 
forest and containing one or more of the following associated native 
species: Dodonaea viscosa, Nestegis sandwicensis, Nothocestrum sp., 
Pleomele sp., Psychotria sp., Streblus pendulina, Myrsine sp., and 
Lipochaeta sp.; and
    (2) Elevations between 534 and 1,120 m (1,751 and 3,674 ft).

Family Urticaceae: Neraudia sericea (NCN)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Neraudia sericea on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Gulch slopes and gulch bottoms in lowland dry to mesic 
Metrosideros polymorpha--Dodonaea viscosa--Styphelia tameiameiae 
shrubland or forest and containing one or more of the following 
associated native species: Pleomele auwahiensis, Alyxia olivifomis, 
Coprosma sp., or Hedyotis sp.; and
    (2) Elevations between 691 and 1,043 m (2,266 and 3,421 ft).

Family Violaceae: Isodendrion pyrifolium (wahine noho kula)

    Molokai G, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Isodendrion pyrifolium on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Dry shrublands and containing one or more of the following 
associated native species: Dodonaea viscosa, Heteropogon contortus, 
Styphelia tameiameiae, or Bidens menziesii; and
    (2) Elevations between 69 and 422 m (226 and 1,384 ft).
    (B) Ferns and Fern Allies.

Family Adiantaceae: Pteris lidgatei (NCN)

    Molokai C, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Pteris lidgatei on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Steep stream banks in wet forest; and
    (2) Elevations between 78 to 1,266 m (256 to 4,152 ft).

Family Aspleniaceae: Ctenitis squamigera (pauoa)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Ctenitis squamigera on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Mesic forest or gulch slopes and containing one or more of the 
following associated native species: Metrosideros polymorpha, Diospyros 
sandwicensis, Nestegis sandwicensis, Xylosma hawaiiense, Pouteria 
sandwicensis, Nephrolepis exaltata, Carex meyenii, Dryopteris 
unidentata, or Pleomele auwahiensis; and
    (2) Elevations between 757 and 1,133 m (2,483 and 3,716 ft).

Family Aspleniaceae: Diellia erecta (Asplenium-leaved Diellia)

    Molokai F, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Diellia erecta on Molokai. Within this 
unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Mixed mesic forest or mesic Diospyros sandwicensis forest and 
containing one or more of the following associated native species: 
Alyxia oliviformis, Metrosideros polymorpha, Bobea sp., Coprosma 
foliosa, Dodonea viscosa, Dryopteris unidentata, Myrsine sp., Ochrosia 
comta, Dubautia linearis ssp. opposita, Psychotria sp., Pleomele 
auwahiensis, Sophora chrysophylla, Styphelia tameiameiae, Syzygium 
sandwicensis, or Wikstroemia sp.; and
    (2) Elevations between 750 and 1,133 m (2,460 and 3,716 ft).

Family Aspleniaceae: Diplazium molokaiense (NCN)

    Molokai C, identified in the legal description in (a)(1)(iv)(F), 
constitute critical habitat for Diplazium molokaiense on Molokai. 
Within this unit the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Steep, rocky, wooded gulch walls in wet forests; and
    (2) Elevations between 97 and 1,349 m (318 and 4,424 ft).

Family Grammitidaceae: Adenophorous periens (pendant kihi fern)

    Molokai B1, C, and F, identified in the legal description in 
(a)(1)(iv)(F), constitute critical habitat for Adenophorous periens on 
Molokai. Within this unit the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Epiphytic surfaces on Metrosideros polymorpha trunks found in 
well-developed, closed canopy Metrosideros polymorpha-Myrsine 
lessertiana forest providing deep shade and high humidity and 
containing one or more of the following associated native species: 
Broussasia arguta, Cheirodendron trigynum, Coprosma ochracea, Cyanea 
sp., Cyrtandra sp., Dicranopteris linearis, Freycinetia arborea, 
Hedyotis terminalis, Labordia hirtella, Machaerina angustifolia, 
Psychotria hexandra, Styphelia tameiameiae, Ilex anomala, Vaccinium 
calycinum, Cibotium glaucum, Melicope sp., Viola robusta, Stenogyne 
kamehamehae, Anoectochilus sandvicensis, or Syzygium sandwicensis; and
    (2) Elevations between 811 and 1,508 m (2,660 and 4,946 ft).

Family Marsileaceae: Marsilea villosa (ihi ihi)

    Molokai A1, identified in the legal description in (a)(1)(iv)(F), 
constitutes critical habitat for Marsilea villosa on Molokai. Within 
this unit the currently known primary constituent elements of critical 
habitat are the habitat components provided by:
    (1) Shallow depressions in clay soil, or lithified sand dunes 
overlaid with alluvial clay, in open areas or areas with minimal 
shading and containing one or more of the following associated native 
species: Heteropogon contortus, Sida fallax, Waltheria indica, 
Centaurium sebaeoides, Tetramolopium sylvae, or Schiedea globosa; and
    (2) Elevations between 125 and 172 m (410 and 564 ft).

    Dated: March 20, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-7143 Filed 4-4-02; 8:45 am]
BILLING CODE 4310-55-P