[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Proposed Rules]
[Pages 36968-37106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11349]



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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; Designations of Critical 
Habitat for Plant Species From the Island of Hawaii, HI; Proposed Rule

  Federal Register / Vol. 67, No. 102 / Tuesday, May 28, 2002 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH02


Endangered and Threatened Wildlife and Plants; Designations of 
Critical Habitat for Plant Species From the Island of Hawaii, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule concerning designation of critical habitat.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
critical habitat for 47 of the 58 plant species known historically from 
the island of Hawaii that are listed under the Endangered Species Act 
of 1973, as amended.
    Critical habitat is not proposed for seven species as they no 
longer occur on the island of Hawaii, and we are unable to identify any 
habitat essential to their conservation on the island. Critical habitat 
is not proposed for two species of loulu palm, Pritchardia affinis and 
Pritchardia schattaueri, for which we determine that critical habitat 
designation is not prudent because it would likely increase the threats 
from vandalism or collection of these species on the island of Hawaii. 
Critical habitat is not proposed for two species, Cyanea copelandii 
ssp. copelandii and Ochrosia kilaueaensis, because they have not been 
seen recently in the wild and no viable genetic material is known to 
exist.
    We propose critical habitat designations for 47 species within 28 
critical habitat units totaling approximately 176,968 hectares (ha) 
(437,285 acres (ac)) on the island of Hawaii.
    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, and the reasons why critical habitat for any of these 
species is prudent or not prudent. 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 proposed 
critical habitat rule, and new scientific and commercial information.

DATES: We will accept comments until July 29, 2002. Public hearing 
requests must be received by July 12, 2002.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of the following 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 send comments by electronic mail (e-mail) to: [email protected]. See the Public Comments Solicited 
section in SUPPLEMENTARY INFORMATION below for file format and other 
information about electronic filing.
    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 FR 17.12), 
there are 58 plant species that, at the time of listing, were reported 
from the island of Hawaii (Table 1). Twenty-seven of these species are 
endemic to the island of Hawaii, while 31 species are reported from 1 
or more other islands, as well as the island of Hawaii.

                                                               Table 1.--Summary of Island distribution of 58 Species from Hawaii
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Island distribution
                                  --------------------------------------------------------------------------------------------------------------------------------------------------------------
             Species                                                                                                                                                      NW Hawaiian Islands,
                                           Kauai                  Oahu                 Molokai                Lanai                 Maui                 Hawaii             Kahoolawe, Niihau
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Achyranthes mutica (NCN).........  H                      ....................  ....................  ....................  ....................  C
Adenophorus periens (pendent kihi  C                      H                     C                     R                     R                     C
 fern).
Argyroxiphium kauense (Mauna Loa   .....................  ....................  ....................  ....................  ....................  C
 silversword).
Asplenium fragile var. insulare    .....................  ....................  ....................  ....................  H                     C
 (NCN).
Bonamia menziesii (NCN)..........  C                      C                     H                     C                     C                     C
Cenchrus agrimonioides             .....................  C                     ....................  H                     C                     R                     NW Islands (H)
 (kamanomano).
Clermontia drepanomorpha (oha      .....................  ....................  ....................  ....................  ....................  C
 wai).
Clermontia lindseyana (oha wai)..  .....................  ....................  ....................  ....................  C                     C
Clermontia peleana (oha wai).....  .....................  ....................  ....................  ....................  H                     H
Clermontia pyrularia (oha wai)...  .....................  ....................  ....................  ....................  ....................  C
Colubrina oppositifolia (kauila).  .....................  C                     ....................  ....................  C                     C
Ctenitis squamigera (pauoa)......  H                      C                     C                     C                     C                     H
Cyanea copelandii ssp. copelandii  .....................  ....................  ....................  ....................  ....................  H
 (haha).

[[Page 36969]]

 
Cyanea hamatiflora ssp. carlsonii  .....................  ....................  ....................  ....................  ....................  C
 (haha).
Cyanea platyphylla (haha)........  .....................  ....................  ....................  ....................  ....................  C
Cyanea shipmanii (haha)..........  .....................  ....................  ....................  ....................  ....................  C
Cyanea stictophylla (haha).......  .....................  ....................  ....................  ....................  ....................  C
Cyrtandra giffardii (haiwale)....  .....................  ....................  ....................  ....................  ....................  C
Cyrtandra tintinnabula (haiwale).  .....................  ....................  ....................  ....................  ....................  C
Delissea undulata (NCN)..........  C                      ....................  ....................  ....................  H                     C
Diellia erecta (NCN).............  H                      C                     C                     H                     C                     C
Flueggea neowawraea (mehamehame).  C                      C                     H                     ....................  C                     C
Gouania vitifolia (NCN)..........  .....................  C                     ....................  ....................  H                     C
Hedyotis cookiana (awiwi)........  C                      H                     H                     ....................  ....................  H
Hedyotis coriacea (kioele).......  .....................  H                     ....................  ....................  C                     C
Hibiscadelphus giffardianus (hau   .....................  ....................  ....................  ....................  ....................  H
 kuahiwi)*.
Hibiscadelphus hualalaiensis (hau  .....................  ....................  ....................  ....................  ....................  H
 kuahiwi)*.
Hibiscus brackenridgei (mao hau    H                      C                     H                     C                     C                     C                     Ka (R)
 hele).
Ischaemum byrone (Hilo ischaemum)  R                      H                     C                     ....................  C                     C
Isodendrion hosakae (aupaka).....  .....................  ....................  ....................  ....................  ....................  C
Isodendrion pyrifolium (wahine     .....................  H                     H                     H                     H                     C                     Ni (H)
 noho kula).
Mariscus fauriei (NCN)...........  .....................  ....................  C                     H                     ....................  C
Mariscus pennatiformis (NCN).....  H                      H                     ....................  ....................  C                     H                     NW (C)
Melicope zahlbruckneri (alani)...  .....................  ....................  ....................  ....................  ....................  C
Neraudia ovata (NCN).............  .....................  ....................  ....................  ....................  ....................  C
Nothocestrum breviflorum (aiea)..  .....................  ....................  ....................  ....................  ....................  C
Ochrosia kilaueaensis (holei)....  .....................  ....................  ....................  ....................  ....................  H
Phlegmariurus mannii (wawaeiole).  H                      ....................  ....................  ....................  C                     H
Phyllostegia parviflora (NCN)....  .....................  C                     ....................  ....................  H                     H
Phyllostegia racemosa (NCN)......  .....................  ....................  ....................  ....................  ....................  C
Phyllostegia velutina (NCN)......  .....................  ....................  ....................  ....................  ....................  C
Phyllostegia warshaueri (NCN)....  .....................  ....................  ....................  ....................  ....................  C
Plantago hawaiensis (laukahi       .....................  ....................  ....................  ....................  ....................  C
 kuahiwi).
Plantago princeps (laukahi         C                      C                     C                     ....................  C                     H
 kuahiwi).
Pleomele hawaiiensis (halapepe)..  .....................  ....................  ....................  ....................  ....................  C
Portulaca sclerocarpa (poe)......  .....................  ....................  ....................  C                     ....................  C
Pritchardia affinis (loulu)......  .....................  ....................  ....................  ....................  ....................  C
Pritchardia schattaueri (loulu)..  .....................  ....................  ....................  ....................  ....................  C
Sesbania tomentosa (ohai)........  C                      C                     C                     H                     C                     C                     NW, Ka, Ni (H)
Sicyos alba (anunu)..............  .....................  ....................  ....................  ....................  ....................  C
Silene hawaiiensis (NCN).........  .....................  ....................  ....................  ....................  ....................  C
Silene lanceolata (NCN)..........  H                      C                     C                     H                     ....................  C
Solanum incompletum (popolo ku     H                      ....................  H                     H                     H                     C
 mai).
Spermolepis hawaiiensis (NCN)....  C                      C                     C                     C                     C                     C
Tetramolopium arenarium (NCN)....  .....................  ....................  ....................  ....................  H                     C
Vigna o-wahuensis (NCN)..........  .....................  H                     C                     C                     C                     C                     Ni (H), Ka (C)
Zanthoxylum dipetalum var.         .....................  ....................  ....................  ....................  ....................  C
 tomentosum (ae).
Zanthoxylum hawaiiense (ae)......  C                      ....................  C                     H                     C                     C
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
KEY
C (Current)--population last observed within the past 30 years
H (Historical)--wild population not seen for more than 30 years
R (Reported)--reported from undocumented observations
NW--NW Hawaiian Islands

[[Page 36970]]

 
Ka--Kahoolawe
Ni--Niihau
NCN--no common name
* Taxon only known in cultivation

    In previously published proposals we proposed that critical habitat 
was prudent for 31 (Achyranthes mutica, Adenophorus periens, Asplenium 
fragile var. insulare, Bonamia menziesii, Cenchrus agrimonioides, 
Clermontia lindseyana, Clermontia peleana, Colubrina oppositifolia, 
Ctenitis squamigera, Delissea undulata, Diellia erecta, Flueggea 
neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis coriacea, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, 
Mariscus fauriei, Mariscus pennatiformis, Phlegmariurus mannii, 
Phyllostegia parviflora, Plantago princeps, Portulaca sclerocarpa, 
Sesbania tomentosa, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Tetramolopium arenarium, Vigna o-wahuensis, and 
Zanthoxylum hawaiiense) of the 58 species reported from the island of 
Hawaii. No change is made to the 31 proposed prudency determinations in 
this proposal and they are hereby incorporated in this proposal (65 FR 
66808, 65 FR 79192, 65 FR 82086, 65 FR 83158, 67 FR 3940, 67 FR 9806, 
67 FR 15856, 67 FR 16492).
    In this proposal, we determine that critical habitat is prudent for 
23 species (Argyroxiphium kauense, Clermontia drepanomorpha, Clermontia 
pyrularia, Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, 
Cyanea shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Hibiscadelphus giffardianus, Hibiscadelphus 
hualalaiensis, Isodendrion hosakae, Melicope zahlbruckneri, Neraudia 
ovata, Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Plantago hawaiensis, Pleomele 
hawaiiensis, Sicyos alba, Silene hawaiiensis, and Zanthoxylum dipetalum 
var. tomentosum), for which prudency determinations have not been made 
previously, because the potential benefits of designating critical 
habitat essential for the conservation of these species outweigh the 
risks that may result from human activity because of critical habitat 
designation.
    In this proposal, we determine that critical habitat designation is 
not prudent for two species, Pritchardia affinis and Pritchardia 
schattaueri, because it would likely increase the threat from vandalism 
or collection of these species on the island of Hawaii. In addition, we 
propose that critical habitat designation is not prudent for two 
species, Cyanea copelandii ssp. copelandii and Ochrosia kilaueaensis, 
known only from the island of Hawaii, that have not been seen in the 
wild since 1957 and 1927, respectively, and for which no viable genetic 
material is known to exist.
    In this proposal, we propose designation of critical habitat for 47 
of the 58 species reported from the island of Hawaii: Achyranthes 
mutica, Adenophorus periens, Argyroxiphium kauense, Asplenium fragile 
var. insulare, Bonamia menziesii, Clermontia drepanomorpha, Clermontia 
lindseyana, Clermontia peleana, Clermontia pyrularia, Colubrina 
oppositifolia, Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, 
Cyanea shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Delissea undulata, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, Hedyotis coriacea, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion hosakae, Isodendrion pyrifolium, Mariscus fauriei, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, Phyllostegia 
racemosa, Phyllostegia velutina, Phyllostegia warshaueri, Plantago 
hawaiensis, Pleomele hawaiiensis, Portulaca sclerocarpa, Sesbania 
tomentosa, Sicyos alba, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, Zanthoxylum dipetalum var. tomentosum, and Zanthoxylum 
hawaiiense.
    Critical habitat is not proposed for 4 (Pritchardia affinis, 
Pritchardia schattaueri, Cyanea copelandii ssp. copelandii, and 
Ochrosia kilaueaensis) of the 58 species reported from the island of 
Hawaii for which we determine that designation of critical habitat is 
not prudent for the reasons given above.
    Critical habitat is not proposed for 7 (Cenchrus agrimonioides, 
Ctenitis squamigera, Hedyotis cookiana, Mariscus pennatiformis, 
Phlegmariurus mannii, Phyllostegia parviflora, and Plantago princeps) 
of the 58 species on the island of Hawaii because these plants no 
longer occur on the island of Hawaii and we are unable to identify any 
habitat essential to their conservation on this island. However, 
proposed critical habitat designations, or non-designations, for these 
species will be included in other Hawaiian plants proposed critical 
habitat rules (Table 2).

 Table 2.--List of Proposed Rules in Which Critical Habitat Designations
 or Non-Designations Will Be Proposed for Seven Species for Which We Are
 Unable To Determine Habitat That Is Essential for Their Conservation on
                          the Island of Hawaii
------------------------------------------------------------------------
                                               Proposed rules in which
                                                  critical habitat
                  Species                       designations or non-
                                             designations will be made.
------------------------------------------------------------------------
Cenchrus agrimonioides....................  Maui; Lanai; Oahu.
Ctenitis squamigera.......................  Kauai; Maui; Lanai; Molokai;
                                             Oahu.
Hedyotis cookiana.........................  Kauai; Molokai; Oahu.
Mariscus pennatiformis....................  Kauai; Maui; NW Hawaiian
                                             Islands; Oahu.
Phyllostegia mannii.......................  Kauai; Maui.
Phyllostegia parviflora...................  Maui; Oahu.
Plantago princeps.........................  Kauai; Maui; Molokai; Oahu.
------------------------------------------------------------------------

The Island of Hawaii

    This largest island of the Hawaiian archipelago comprises 10,458 
square kilometers (km) (4,038 square miles (mi)) or two-thirds of the 
land area of the State of Hawaii giving rise to its common name, the 
``Big Island.'' The Hawaiian Islands are volcanic islands formed over a 
``hot spot,'' a fixed area of pressurized molten magma deep within the 
Earth. As the Pacific Plate, a section of the Earth's surface many 
miles thick, has moved to the northwest, the islands of the chain have 
separated. Currently, this hot spot is centered under the southeast 
part of the island of Hawaii, which is one of the most volcanic areas 
on Earth. Five large shield volcanoes make up the island of Hawaii: 
Mauna Kea at 4,205 meters (m) (13,796 feet (ft)), and Kohala at 1,670 m 
(5,480 ft), both extinct; Hualalai at 2,521 m (8,271 ft), which is 
dormant and could erupt again; and Mauna Loa, at 4,169 m (13,677 ft) 
and Kilauea at 1,248 m (4,093 ft), both of which are currently active 
and adding land area to the island (McDonald et al. 1983; 59 FR 10305; 
United States Fish and Wildlife Service (Service) 1996a).

[[Page 36971]]

    The island of Hawaii lies within the trade wind belt. Moisture 
derived from the Pacific Ocean is carried to the island by north-
easterly trade winds. Heavy rains fall when the moisture in clouds 
makes contact with windward mountain slopes (Wagner et al. 1999). 
Considerable moisture reaches the leeward slopes of the saddle area 
between Mauna Loa and Mauna Kea, but dries out rapidly as elevation 
increases. The orographic effect reaches an elevation of about 2,000 to 
3,000 m (6,500 to 9,850 ft) and tends to go around rather than over the 
high mountains. Thus, leeward and saddle areas of Mauna Kea and Mauna 
Loa tend to be dry (Service 1996a).
    A rain shadow effect is created by Mauna Kea and Mauna Loa on the 
leeward side of the island, removing the Kona coast from trade winds. 
However, warm air generated from the island land mass rises and 
condenses, resulting in convectional showers. A major source of 
rainfall is provided by winter storms which develop south of the 
island. Kona storms impact the island when trade winds subside during 
the winter months. Areas of the saddle are protected from these storms 
by Hualalai volcano and, therefore, droughts in the saddle area are 
common. Fog drip, the condensation of moisture on vegetation, can be a 
significant source of precipitation as well as an effective contributor 
in reducing evapotranspiration losses, especially in dry areas (Service 
1996a; Wagner et al. 1999).
    The Kau Desert is located on the southeastern side of the island of 
Hawaii and leeward to the slopes of Kilauea volcano. Lying in the 
volcano's rain shadow, Kau Desert receives less than 1,200 millimeters 
(mm) (47 inches (in)) of moisture per year. However, the barren 
conditions are not attributed to lack of moisture but, rather, to acid 
rain-forming sulphur dioxide vented from the caldera. Small seasonal 
variation in temperature occurs on the island. Average daily 
temperatures differ between the warmest and the coolest day only by 
about 4[deg] C (7.2[deg] F). However, daily extremes are pronounced, 
reflecting time of day, elevation, and weather. Wagner et al. (1999) 
reported that night is winter in Hawaii. The highest recorded 
temperature of 37.7[deg] C (100[deg] F) occurred at Pahala and the 
lowest of -12.7[deg] C (9[deg] F) on Mauna Kea (Service 1996a; Wagner 
et al. 1999).

Discussion of the Plant Taxa

Species Endemic to Hawaii

    Argyroxiphium kauense (Mauna Loa silversword)
    Argyroxiphium kauense, a long-lived perennial and a member of the 
aster family (Asteraceae), is a primarily monocarpic (flowering and 
fruiting only once and then dying, usually after several years) giant 
rosette plant with leaves covered with grayish-silver hairs. It differs 
from Argyroxiphium sandwicense ssp. sandwicense and Argyroxiphium 
sandwicense ssp. macrocephalum primarily by having the vegetative 
rosette of leaves elevated on an erect stem, longer and thinner leaves 
which are triangular rather than flat in cross-section, and somewhat 
sparser leaf pubescence (hairs) (Carr 1985; Carr 1999; Meyrat 1982).
    The species is primarily monocarpic, that is, most individuals grow 
and flower from a large rosette. The plant increases in rosette 
diameter and stem height for a number of years, and then produces a 
single, tall inflorescence (flowering part of plant) with hundreds of 
capitula (heads), each containing up to 200 florets (small flowers that 
are part of a dense cluster). After fruit set, the entire plant dies. 
In the Upper Waiakea population, only 4 of the 86 plants in 1990 had 
more than a single rosette (that is, were branched). Three of these had 
two rosettes and one plant had three rosettes. At Keapohina, 30 percent 
(62) of the 205 plants examined in 1984 were branched. About 71 percent 
(44) of the branched silverswords had suffered browse damage to the 
apical meristem (the growing point at the tip of a stem, gives rise to 
stem, leaves and flowers). Branching is a common response to mechanical 
(browse) damage to the apical meristem in monocarpic silverswords, but 
may also be a trait with a genetic component. The majority of 
individuals of the Argyroxiphium kauense are monocarpic, unbranched 
plants. Adult individuals that have branched in response to browse 
damage may produce small flowering stalks. Fruits collected in 1991 
from inflorescences of branched individuals were not viable. Fruits 
collected in 1984 from Keapohina were primarily from the small 
inflorescences produced on browsed plants, and the number of fruits 
that had seeds with embryos was low (Service 1996c; 58 FR 18029; Joan 
Canfield, formerly with the Service, pers. comm. 1992).
    Historically, Argyroxiphium kauense may have once occurred in 
subalpine forests, bogs, and mountain parkland between 1,585 and 2,500 
m (5,200 and 8,000 ft) elevation in a band from the southwest rift to 
the northeast slope of Mauna Loa and on Hualalai. The species is 
currently extant in three wild populations containing a total of fewer 
than 500 individuals on private land on Kahuku Ranch and on State owned 
land in the Upper Waiakea and Kapapala Forest Reserves. In addition, 
the Kapapala population has been augmented with approximately 1,000 
individuals and there is an outplanted population of about 1,000 
individuals in Hawaii Volcanoes National Park (Bryan in litt. 1974; 
Carr 1985; Hawaii Natural Heritage Program (HINHP) Database 2000; Marie 
Bruegmann, Service, pers. comm. 2001; Geographic Decision Systems 
International (GDSI) 2000).
    The habitat of this species includes moist open forest, subalpine 
mesic shrubland, bogs, and weathered, old pahoehoe (smooth) or aa 
(rough) lava with well developed pockets of soil in subalpine mountain 
vegetation between 1,625 and 2,774 m (3,330 and 9,100 ft) elevation. 
Associated native plant species include Coprosma montana (pilo), 
Plantago hawaiensis (laukahi kuahiwi), Silene hawaiiensis (No Common 
Name (NCN)), Asplenium fragile var. insulare (NCN), Metrosideros 
polymorpha (ohia), Styphelia tameiameiae (pukiawe), Coprosma 
ernodeoides (nene), Vaccinium reticulatum (ohelo ai), Dubautia 
ciliolata (naenae), Geranium cuneatum (nohoanu), Carex montis-eeka 
(NCN), Carex alligata (NCN), Rhynchospora chinensis (kuolohia), 
Dodonaea viscosa (aalii), Gahnia gahniiformis (NCN), or Deschampsia 
nubigena (hair grass) (HINHP Database 2000; Linda Pratt, U.S. 
Geological Survey--Biological Resources Division, et al., pers. comm. 
2001; 58 FR 18029).
    The threats to this species are browsing by cattle (Bos taurus), 
goats (Capra hircus), and mouflon sheep (Ovis musimon); habitat 
disruption by feral pigs (Sus scrofa); insects (including fruit 
parasites); drought; human disturbance; competition with non-native 
plants; disease; and vulnerability to extinction from chance events 
(such as volcanic activity, earthquakes, hurricanes, fires or other 
natural disasters) due to the small population size and limited 
distribution (J. Canfield, pers. comm. 1992; Mitchell 1981; Cuddihy and 
Stone 1999; Service 1996c; 58 FR 18029; Medeiros et al. 1991).
    Clermontia drepanomorpha (oha wai).
    Clermontia drepanomorpha, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is a terrestrial or 
epiphytic (not rooted in the soil) branching tree with stalked leaves. 
This species is

[[Page 36972]]

distinguished from others in this endemic Hawaiian genus by similar 
sepals (outermost or lowermost whorl of flower parts) and petals, the 
long drooping inflorescence, and large blackish purple flowers (Lammers 
1999).
    No life history information is available for Clermontia 
drepanomorpha at this time (Service 1998c).
    Historically, Clermontia drepanomorpha was known only from the 
State of Hawaii's Puu O Umi Natural Area Reserve (NAR) in the Kohala 
Mountains (puu = summit, hill). Currently there is a single large 
population containing approximately 200 individuals. It is located in 
the Puu O Umi NAR and Kohala Forest Reserve on State and privately 
owned lands. This species has also been outplanted in the State-owned 
Waimanu bog in the Kohala Mountains (HINHP Database 2000; Stemmermann 
and Jacobson 1987; GDSI 2000; Steve Perlman, National Tropical 
Botanical Garden (NTBG) in litt. 1995; Lyman Perry, Hawaii Division of 
Forestry and Wildlife (DOFAW), pers. comm. 2000; L. Pratt et al., pers. 
comm. 2001).
    This species typically grows in Metrosideros polymorpha, 
Cheirodendron trigynum (olapa), and Cibotium glaucum (hapuu) dominated 
montane wet forests, sometimes epiphytically, at elevations between 808 
and 1,676 m (2,650 and 5,500 ft). Associated native plant taxa include 
Carex alligata, Melicope clusiifolia (alani), Styphelia tameiameiae, 
Astelia menziesii (painiu), Rubus hawaiiensis (akala), Cyanea pilosa 
(haha), Coprosma sp. (pilo), or native sphagnum moss (Corn 1983; HINHP 
Database 2000; Service 1998c, L. Pratt et al., pers. comm., 2001).
    The threats to this species are competition from non-native plant 
taxa such as Rubus rosifolius (thimbleberry), habitat disturbance by 
feral pigs, girdling of the stems by rats (Rattus spp.), and a risk of 
extinction from naturally occurring events (such as hurricanes) due to 
its narrow distribution (Service 1998c; 61 FR 53137).
    Clermontia pyrularia (oha wai)
    Clermontia pyrularia, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is a tree with finely 
toothed leaves attached to a winged stalk. This species is separated 
from the other taxa in the genus that occur on the island of Hawaii by 
winged leaf stalks (petioles), two-lipped flowers, green-white petals, 
and a pear-shaped berry (Lammers 1991, 1999).
    Clermontia pyrularia was observed in fruit and flower during 
December and November. No other life history information is currently 
available (Service 1996a).
    Historically, Clermontia pyrularia was known only from the western 
and northeastern slope of Mauna Kea, the western slope of Mauna Loa and 
the saddle between the two. Currently this species is known from one 
population with several individuals on the boundary of the Hilo Forest 
Reserve on State-owned land. There are also two outplanted populations, 
at Piha on State owned land, adjacent to the Hakalau Forest National 
Wildlife Refuge (NWR) and in Hawaii Volcanoes National Park (HVNP) 
(Service 1996a; 59 FR 10305; HINHP Database 2000; GDSI 2000; Jack 
Jeffrey, Hakalau NWR, and Steve Bergfeld, DOFAW, pers. comm. 1999; 
Patty Moriyasu, Hawaii Center for Conservation Research and Training, 
University of Hawaii (CCRT-UH), pers. comm. 2000).
    The habitat for this species includes wet and mesic montane forest 
dominated by Acacia koa (koa) and/or Metrosideros polymorpha, and 
subalpine dry forest dominated by Metrosideros polymorpha, at 
elevations between 1,628 and 2,061 m (5,340 to 6,760 ft). Associated 
native plants taxa are Coprosma sp., Dryopteris wallichiana (io nui), 
Rubus hawaiensis, or Hedyotis sp. (NCN) (HINHP Database 2000; L. Pratt 
et al., pers. comm. 2001; 59 FR 10305).
    The threats to this plant are competition with non-native plants, 
particularly Passiflora mollissima (banana poka), pigs, fruit and seed 
predation by Rattus sp. (black rat), scattered distribution, few 
populations, and small number of individuals making this taxon highly 
vulnerable to extinction caused by random naturally occurring events 
and human impacts, loss of pollinators, and cattle (59 FR 10305; 
Service 1996a).
    Cyanea copelandii ssp. copelandii (haha).
    Cyanea copelandii ssp. copelandii, a member of the bellflower 
family (Campanulaceae) and a short-lived perennial, is a small 
epiphytic shrub which roots at the nodes and grows on rocks and tree 
trunks. This species is distinguished from other members of the genus 
by the size, shape, and dark red hairs of the petals and by the 
reclining habit. This taxon is easily distinguished by its narrow 
leaves from the only other subspecies, Cyanea copelandii ssp. 
haleakalaensis, which is relatively prolific on Maui (Lammers 1999).
    Cyanea copelandii ssp. copelandii was observed in fruit and flower 
during December. No other life history information is currently 
available (Service 1996a).
    Historically, Cyanea copelandii ssp. copelandii was found at two 
sites on the southeastern slope of Mauna Loa, near Glenwood. It has not 
been observed in the wild since 1957 (Lammers 1999).
    Cyanea copelandii ssp. copelandii was found in montane wet forest, 
epiphytic on mossy Cibotium spp. (hapuu) between an elevation of 658 
and 881 m (2,160 and 2,890 ft). Associated native plant species 
included Metrosideros polymorpha, Acacia koa, Cheirodendron trigynum, 
Broussaisia arguta (kanawao), or Melicope clusiifolia (59 FR 10305, L. 
Pratt et al., pers. comm. 2001).
    The threats to Cyanea copelandii ssp. copelandii included grazing 
by feral ungulates and fruit and seed predation by rats. The loss of 
pollinators may have contributed to lack of regeneration (Service 
1996a).
    Cyanea hamatiflora (haha).
    Cyanea hamatiflora, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is a palm-like tree with 
tan sap and leaves without stalks. This species is composed of two 
subspecies: Cyanea hamatiflora ssp. carlsonii, endemic to the island of 
Hawaii, and Cyanea hamatiflora ssp. hamatiflora, endemic to East Maui. 
Cyanea hamatiflora ssp. carlsonii is distinguished from C. hamatiflora 
ssp. hamatiflora by calyx (collective term for sepals, outermost or 
lowermost whorl of flower parts) lobes that are longer and wider and by 
its longer pedicels (flower stalk) (Lammers 1999).
    This taxon was observed in flower during December and August. Seeds 
have been collected in October and November. No other life history 
information is currently available (Service 1996a).
    Historically, Cyanea hamatiflora ssp. carlsonii was known only from 
the west side of the island of Hawaii. Currently, it occurs in three 
populations containing approximately 14 individuals on the State's 
Honuaula Forest Reserve and South Kona Forest Reserve. It has also been 
reported from Federal land on the Kona unit of Hakalau Forest National 
Wildlife Refuge. There are also individuals of this taxon outplanted at 
Puu Waawaa and the Kipahoehoe NAR (GDSI 2000; HINHP Database 2000; Jon 
Giffin, DOFAW, in litt. 2000; L. Perry, pers. comm. 2000).
    The habitat of Cyanea hamatiflora ssp. carlsonii is mesic montane 
forest dominated by Metrosideros polymorpha

[[Page 36973]]

or Acacia koa at elevations between 1,350 to 1,783 m (4,430 to 5,850 
ft). Associated native plants include Myoporum sandwicense (naio), 
Clermontia clermontioides (oha wai), Coprosma sp., Ilex anomala 
(kawau), Hedyotis sp., Sophora chrysophylla (mamane), Cibotium spp., 
Dryopteris sp. (NCN), or Athyrium (Diplazium) sp. (NCN) ( Lammers 1999; 
HINHP Database 2000, L. Pratt et al., pers. comm. 2001).
    The threats to Cyanea hamatiflora ssp. carlsonii are competition 
with non-native plants, especially Passiflora mollissima; grazing and 
trampling by domestic and escaped cattle; rooting by feral pigs; and 
consumption of fruits by rats and non-native birds; seed damage by an 
undetermined species of caterpillar; and depressed reproductive vigor 
due to the limited gene pool. The small remaining numbers of 
individuals and their limited and scattered distribution make this 
species vulnerable to extinction by a single natural or human-induced 
event (59 FR 10305; Service 1996a).
    Cyanea platyphylla (haha).
    Cyanea platyphylla, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is an unbranched palm-like 
shrub with stems that are covered with short, sharp, pale spines on the 
upper portions, especially when juvenile. The species differs from 
others in this endemic Hawaiian genus by its juvenile and adult leaves, 
precocious flowering, and smaller flowers (Lammers 1999).
    No life history information is available for Cyanea platyphylla at 
this time (Service 1998c).
    Historically, Cyanea platyphylla was found in the Kohala Mountains 
near Hiilawe Falls and also the Hamakua Ditch Trail, in Honaunau, in 
the Puna District near Glenwood, on Kalapana Road in Pahoa, and in Puu 
Kauka; in Waiakea Forest Reserve; and in an unknown location called 
``Kalanilehua.'' Currently there are a total of nine populations and 
fewer than 50 individuals on State and private lands. This species is 
extant in the Laupahoehoe NAR, Hilo Forest Reserve, and Punahoa 
Ahupuaa. There is also an outplanted population in the Waiakea Forest 
Reserve (Service 1998c; GDSI 2000; HINHP Database 2000).
    This species is typically found in open Metrosideros polymorpha-
Acacia koa lowland and montane wet forests at elevations between 137 
and 1,082 m (450 and 3,550 ft). Associated native plant taxa include 
Coprosma sp., Psychotria hawaiiensis (kopiko), Perrottetia sandwicensis 
(olomea), Scaevola spp. (naupaka), Cibotium sp., Antidesma platyphyllum 
(hame), Clermontia spp. (oha wai), Hedyotis sp., or Cyrtandra spp. 
(haiwale) (Lammers 1999; HINHP Database 2000; Service 1998c, L. Pratt 
et al., pers. comm. 2001).
    The threats to this plant are habitat degradation by feral pigs; 
competition with the introduced plant taxa Psidium cattleianum 
(strawberry guava), Psidium guajava (guava), Passiflora ligularis 
(sweet granadilla), and Rubus rosifolius; consumption of fruits by 
rats; volcanic activity; risk of extinction from naturally occurring 
events; and/or reduced reproductive vigor due to the low numbers of 
populations and individuals (Service 1998c; 61 FR 53137).
    Cyanea shipmanii (haha).
    Cyanea shipmanii, a member of the bellflower family (Campanulaceae) 
and a short-lived perennial, is a small unbranched or sparsely branched 
shrub with leaves that are deeply divided towards the midrib. This 
taxon is easily distinguishable from other members of the genus by its 
small flowers, slender stems, and stalked and divided leaves (Lammers 
1999).
    No life history information is available for Cyanea shipmanii at 
this time (Service 1996a).
    Historically, Cyanea shipmanii was known only from the eastern 
slopes of Mauna Kea. Currently there are a total of five populations 
with 12 individuals on State land in north Hilo, Upper Waiakea Forest 
Reserve; on Federal land in the Hakalau Unit of the Hakalau Forest 
National Wildlife Refuge; and on private land at Papaikou, south Hilo 
(Lammers 1999; GDSI 2000; HINHP Database 2000).
    Cyanea shipmanii is found in montane mesic forest dominated by 
Acacia koa-Metrosideros polymorpha on the windward slopes of the 
island, at elevations between 1,619 and 2,027 m (5,310 and 6,650 ft). 
Associated native plants include Ilex anomala, Myrsine lessertiana 
(kolea), or Cheirodendron trigynum (59 FR 10305, HINHP Database 2000; 
L. Pratt et al., pers. comm. 2001).
    This plant is threatened by pig rooting, vulnerability to 
extirpation by random events, and a loss of pollinators. Small numbers 
of extant individuals and localized distribution may result in a 
limited gene pool and reduced reproductive vigor (59 FR 10305).
    Cyanea stictophylla (haha).
    Cyanea stictophylla, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is a small tree or shrub 
with sparsely branched stems that are occasionally equipped with sharp 
outgrowths. Cyanea stictophylla is distinguished from other species in 
the genus by its large, deeply lobed petals and small calyx lobes 
(Lammers 1999).
    Cyanea stictophylla was observed in flower during March. No other 
life history information is currently available (Service 1996a).
    Cyanea stictophylla is known historically from the western, 
southern, southeastern, and eastern slopes of Mauna Loa. Since 1975, 
the species has been found near Keauhou, Honokua, and Puu Waawaa in 
five populations totaling 10 individuals on State and private lands 
(Lammers 1999; GDSI 2000; HINHP Database 2000).
    The species is found in Acacia koa or wet Metrosideros polymorpha 
forests at elevations between 1,183 and 1,942 m (3,880 and 6,370 ft). 
Associated native plant species include Melicope spp. (alani), Cibotium 
sp., or Urera glabra (opuhe) (HINHP Database 2000; Lammers 1999; 
Service 1996a, L. Pratt et al., pers. comm. 2001).
    The primary reasons for decline of this species are habitat 
destruction by cattle grazing and habitat degradation by feral pigs. In 
addition, the small number of plants and the scattered distribution of 
populations makes the species susceptible to extinction caused by 
naturally occurring random events and decreased reproductive vigor 
(Service 1996a).
    Cyrtandra giffardii (haiwale).
    Cyrtandra giffardii, a member of the African violet family 
(Gesneriaceae) and a short-lived perennial, is a small shrubby tree 
with oppositely-arranged leaves positioned on the upper nodes of the 
stem. Cyrtandra giffardii is distinguished from other closely aligned 
taxa by papery textured and elliptically shaped leaves, small, 
cylindrical petals, small calyx, three to five flowers per cluster, the 
presence of hairs on leaves and flower clusters, and an almost round 
berry shape (Wagner et al. 1999).
    Cyrtandra giffardii was observed in fruit and flower during June 
and November, and in flower during January and December. No other life 
history information is currently available (Service 1996a).
    Cyrtandra giffardii is known from the northeastern slope of Mauna 
Kea south to the eastern slope of Mauna Loa. Since 1975, seven 
populations have been identified with the total number of individuals 
estimated at less than 500. These populations occur near Puu Makaala, 
Stainback Highway, Kilau Stream in Laupahoehoe NAR, and in Hawaii 
Volcanoes National Park on State, Federal, and privately owned lands 
(Wagner et al. 1999; GDSI 2000; HINHP Database 2000).
    The habitat of Cyrtandra giffardii is wet montane forest dominated 
by Cibotium sp. or Metrosideros polymorpha and Metrosideros

[[Page 36974]]

polymorpha-Acacia koa lowland wet forests between 637 and 1,676 m 
(2,090 and 5,500 ft) elevation. Associated native plant species include 
Hedyotis terminalis (manono), Astelia menziesiana, Diplazium 
sandwicensis (hoio), Perrottetia sandwicensis, or other species of 
Cyrtandra (HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    Major threats to Cyrtandra giffardii are habitat degradation, 
rooting, and trampling by feral pigs and competition from non-native 
plant species such as Andropogon virginicus (broomsedge). The species 
is also susceptible to extinction due to naturally occurring random 
events and decreased reproductive vigor due to small numbers of 
populations and individuals (Service 1996a).
    Cyrtandra tintinnabula (haiwale).
    Cyrtandra tintinnabula, a member of the African violet family 
(Gesneriaceae) and a short-lived perennial, is a small shrub. Cyrtandra 
tintinnabula can be distinguished from the other species in the genus 
that occur on the island of Hawaii by its petal size and shape, calyx 
size and shape, the number of flowers per cluster, and the presence of 
hairs. The species differs from Cyrtandra giffardii in its shrubby 
habit, larger leaves, and shorter main cluster stalks and flower stalks 
(Wagner et al. 1999).
    Cyrtandra tintinnabula was observed in flower during July and 
August, and in fruit during December. No other life history information 
is currently available (Service 1996a).
    Cyrtandra tintinnabula is known from three locations on the 
northeastern slopes of Mauna Kea. Since 1975, three populations have 
been identified in the State's Laupahoehoe NAR. Currently, a total of 
six populations with close to 25 individuals are known on State and 
private lands (59 FR 10305; GDSI 2000; HINHP Database 2000).
    Cyrtandra tintinnabula grows in lowland wet forest dominated by 
dense Acacia koa, Metrosideros polymorpha, and Cibotium spp. at 
elevations between 390 and 1,430 m (1,280 and 4,690 ft). Several other 
Cyrtandra or Hedyotis species are associated with Cyrtandra 
tintinnabula. (Wagner et al. 1999; HINHP Database 2000; L. Pratt et 
al., pers. comm. 2001).
    The main threat to Cyrtandra tintinnabula is rooting and browsing 
by feral pigs that directly damage and disturb its habitat and break 
its weak and delicate stems. Pigs also disturb native vegetation which 
increases invasion and establishment of non-native plant taxa. 
Continued disturbance exacerbates the non-native plant problem and 
eventually precludes the survival of native taxa. Additionally, because 
much of the native habitat is lost, appropriate pollinators may be 
absent as well. The loss of native pollination vectors is a probable 
cause for the species' demise. Cyrtandra tintinnabula is also 
vulnerable to extinction due to naturally occurring events and 
decreased reproductive vigor due to small population sizes and a 
limited distribution (Service 1996a; 59 FR 10305).
    Hibiscadelphus giffardianus (hau kuahiwi).
    Hibiscadelphus giffardianus, a member of the mallow family 
(Malvaceae) and a long-lived perennial, is a small tree with whitish 
bark. This species differs from others in this endemic Hawaiian genus 
by its flower color, flower size, and the presence of filamentous 
bracts (Bates 1999).
    No life history information is available for Hibiscadelphus 
giffardianus at this time.
    Only one tree of Hibiscadelphus giffardianus has ever been known in 
the wild, from Kipuka Puaulu (or Bird Park) in Hawaii Volcanoes 
National Park (kipuka = vegetated area surrounded by bare lava flows), 
which died in 1930. Individuals were cultivated by Territorial Forestry 
(Hawaii's Department of Land and Natural Resources (DLNR) prior to 
statehood in 1959) from this parent tree. Approximately eleven plants 
were outplanted into Kipuka Puaulu somewhere between 1951 and 1964, and 
there are currently 100 outplanted plants surviving at this site in 
Hawaii Volcanoes National Park. This species only persists through 
cultivation efforts (GDSI 2000; L. Pratt et al., pers. comm. 2001; 
Service 1998c).
    Hibiscadelphus giffardianus grows in mixed montane mesic forest at 
elevations between 1,192 and 1,277 m (3,910 and 4,190 ft). Associated 
native plant taxa include Metrosideros polymorpha, Acacia koa, Sapindus 
saponaria (manele), Coprosma rhynchocarpa (pilo), Pipturus albidus 
(mamaki), Psychotria sp. (kopiko), Nestegis sandwicensis (olopua), 
Melicope spp., Dodonaea viscosa, or Myoporum sandwicense (Service 
1998c; L. Pratt et al., pers. comm. 2001).
    The major threats to Hibiscadelphus giffardianus are bark, flower, 
and fruit feeding by black rats; leaf damage in the form of stippling 
and yellowing by Sophonia rufofascia (two-spotted leafhopper) and 
yellowing by the native plant bug Hyalopeplus pellucidus; competition 
from the non-native grasses Ehrharta stipoides (meadow ricegrass), 
Paspalum conjugatum (Hilo grass), and Paspalum dilatatum (Dallis 
grass); and possible habitat modification from volcanic activity. This 
species also faces a risk of extinction from naturally occurring events 
or reduced reproductive vigor due to the small number of existing 
cultivated individuals. Cattle were known in the area before it became 
a national park and probably had a large destructive influence on the 
habitat as well. However, cattle are not a threat to this species now 
because they are no longer allowed to roam freely through the park 
(Service 1998c; 61 FR 53137).
    Hibiscadelphus hualalaiensis (hau kuahiwi).
    Hibiscadelphus hualalaiensis, a member of the mallow family 
(Malvaceae) and a long-lived perennial, is a small tree with whitish 
bark. The species is distinguished from others in the genus by its 
flower color, smaller flower size, and tooth-like bracts (Bates 1999).
    No life history information is available for Hibiscadelphus 
hualalaiensis at this time (Service 1998c).
    Hibiscadelphus hualalaiensis was historically known from three 
populations located in the Puu Waawaa region of Hualalai. This species 
only persists through cultivation efforts. There are currently two 
outplanted populations on the island of Hawaii on State owned land 
(HINHP Database 2000; L. Perry, pers. comm. 2000).
    Hibiscadelphus hualalaiensis grows in dry mesic to dry Metrosideros 
forest on rocky substrate in deep soils at elevations between 509 and 
1,241 m (1,670 and 4,070 ft). Associated native plant species include 
Nototrichium breviflorum, Metrosideros polymorpha, Diospyros 
sandwicensis, or Sophora chrysophylla (Service 1998c; L. Pratt et al., 
pers. comm. 2001).
    Threats to this species include fire, flower and seed predation by 
rats, competition form non-native plants, ranching activity, habitat 
change due to volcanic activity, and reduced reproductive vigor due to 
a small number of individuals from a single parent (Service 1998c).
    Isodendrion hosakae (aupaka).
    Isodendrion hosakae is a short-lived perennial member of the violet 
family (Violaceae). It is a branched, upright, evergreen shrub. 
Reproductively mature plants range from 8 to 82 centimeters (cm) (3 to 
32 in) in height, and flowers and fruit occur on the woody stems. The 
leathery leaves are lance-shaped and the stipules are persistent and 
conspicuously cover the ends of the stems. The flowers are yellowish-
green to white and the fruit is a red-tinged, green, elliptical capsule 
(Wagner et al. 1999).

[[Page 36975]]

    The plants are often found within the crown outline of other native 
shrubs suggesting that there may be a beneficial association between 
Isodendrion hosakae and these other plants. Nothing is known about the 
mechanisms of sexual reproduction utilized by this species. No 
pollinating agents have been identified, although the white flowers 
produce a sweet scent and numerous moths have been seen in the habitat 
at night. Although it has been suggested that the seeds may be wind 
dispersed, seedlings found underneath mature plants in windy areas may 
indicate that this is not the dispersal mechanism. There are no reports 
of vegetative reproduction of this species in nature. Attempts to grow 
Isodendrion hosakae from cuttings using several techniques have failed. 
Production of fruit and viable seed may be low. Nagata (1982) found 
that the number of fruits per plant was very low and that 8 mature 
fruits collected in April 1982 contained only 14 seeds. In a subsequent 
germination trial, only 3 of 20 seeds germinated. However, it should be 
noted that these observations may have been made before the peak of the 
fruiting season. Field observations noting phenology of Isodendrion 
hosakae have been made in the months of January, February, March, 
April, and November. Flowers are reported in all of these months, and 
fruits were seen in all of these months except January. Nagata (1982) 
reported that flowering and fruiting occur from November through June. 
Greenhouse-grown plants are known to have flowered in March and other 
months, and to have set new leaves in January. Clearly, these data are 
far too few for a reliable picture of this species' phenology (Service 
1994).
    The known range of this species has changed very little in the 44 
years since it was first discovered in 1948 by E.Y. Hosaka on an 
unspecified cinder cone in Waikoloa, South Kohala. This species was 
again collected in 1980 in Waikoloa, sparking further searches by DOFAW 
botanists. These searches led to the discovery of a major population at 
a nearby site and a lesser colony at another site described as less 
than 1.6 km (1 mile) northeast of the first site and near the second 
site, all on privately owned land. Cuddihy et al. (1983) speculated 
that Hosaka's original collections were made at the third site. There 
are approximately 200 individuals in the largest population and 8 to 9 
individuals at both of the other two sites. The number of plants at the 
other two sites are sufficiently small that they may be considered 
relictual or ephemeral. Only two Isodendrion hosakae plants are known 
in cultivation, and there are no other germ plasm reserves (56 FR 1454; 
Service 1994, HINHP Database 2000).
    The existing populations of Isodendrion hosakae occur on the 
western slope of Mauna Kea. The regional vegetation is cinder cones 
with montane dry shrubland and elevations between 655 and 1,259 m 
(2,150 and 4,130 ft). Associated native plant taxa include Dodonaea 
viscosa, Styphelia tameiameiae, Wikstroemia pulcherrima (akia), 
Dubautia linearis (naenae), Sophora chrysophylla, Osteomeles 
anthyllidifolia (ulei), Wollastonia venosa (nehe), Bidens menziesii 
(kookoolau), or Santalum ellipticum (iliahi). (HINHP Database 2000; 
Service 1994; 56 FR 1454; L. Pratt et al., pers. comm. 2001).
    The principal threats to this species include habitat destruction 
by fire; feral ungulates; cinder mining; military activity; competition 
by introduced plant species, particularly Pennisetum setaceum (fountain 
grass); and a risk of extinction from naturally occurring events and/or 
reduced reproductive vigor due to the small number of individuals in 
the two remaining populations (Service 1994; HINHP Database 2000; 56 FR 
1454).
    Melicope zahlbruckneri (alani).
    Melicope zahlbruckneri, of the citrus family (Rutaceae), is a long-
lived perennial and a medium-sized tree 10 to 12 m (33 to 40 ft) tall. 
New growth is covered with yellowish brown, fine, short, curly hairs. 
The opposite, stalked, elliptically oblong leaves have well defined 
lateral veins. Clusters of two to five flowers top the main flowering 
stalks. The fruit is squarish. Melicope zahlbruckneri is distinguished 
from other species of the genus by its branching habit, large leaves, 
and very large, squarish capsules (Stone et al. 1999).
    No life history information is available for Melicope zahlbruckneri 
at this time (Service 1998c).
    Historically, Melicope zahlbruckneri was known from three 
populations: Near Glenwood, in Kipuka Puaulu, and at Moaula in Kau. It 
is currently known from two sites: in Kipuka Puaulu within Hawaii 
Volcanoes National Park and a recently located population on State land 
in Laupahoehoe. Two individuals are known from the Laupahoehoe site. 
The Kipuka Puaulu population consists of approximately 30 to 45 
individuals with reproducing and juvenile plants (GDSI 2000; 61 FR 
53137; L. Pratt et al., pers. comm. 2001; HINHP Database 2000; Service 
1998c).
    This species is found in Acacia koa-Metrosideros polymorpha 
dominated montane mesic forest at elevations between 692 and 1,393 m 
(2,270 and 4,570 ft). Associated native plant taxa include Sapindus 
saponaria, Coprosma rhynchocarpa, Zanthoxylum dipetalum (ae), Pipturus 
albidus, Psychotria hawaiiensis, Nestegis sandwicensis, Myoporum 
sandwicense, Pisonia brunoniana (papala kepau), or Melicope spp. (61 FR 
53137; HINHP Database 2000; Service 1998c; L. Pratt et al., pers. comm. 
2001).
    The major threats to Melicope zahlbruckneri are disease transmitted 
by the two-spotted leafhopper, competition from introduced grasses 
(Paspalum scrobiculatum (ricegrass), Paspalum conjugatum, and Paspalum 
dilatatum), fire; habitat modification due to volcanic activity; and 
potential fruit damage by rats. This species also faces a risk of 
extinction from naturally occurring events and/or reduced reproductive 
vigor due to the small number of individuals in the two remaining 
populations (61 FR 53137; Service 1998c).
    Neraudia ovata (NCN).
    Neraudia ovata, of the nettle family (Urticaceae), is a short-lived 
perennial and a sprawling or rarely erect shrub to a small tree, with 
stems 1 to 3 m (3 to 10 ft) long, and branches bearing short, somewhat 
erect hairs. The alternate, thin, stalked leaves have smooth margins, 
are grayish on the undersurface, and have spreading, curved, nearly 
translucent hairs. Male and female flowers are found on separate 
plants. The fruit is an achene (a dry, one-seeded fruit that does not 
open at maturity). This species is distinguished from others in this 
endemic Hawaiian genus by the density, length, and posture of the hairs 
on the lower leaf surface, smooth leaf margin, and the boat-shaped 
calyx of the female flower (Wagner et al. 1999).
    No life history information is available for this Neraudia ovata at 
this time (Service 1998c).
    Historically, Neraudia ovata was found from North Kona all the way 
to Kau. There are currently three known locations. One population of 
four individuals is known from privately owned land in Kaloko, North 
Kona. Three subpopulations with a total of 11 individuals occur on land 
that is under Federal jurisdiction at Pohakuloa Training Area. One 
individual is known from the State's Manuka NAR. In addition, five 
individuals are currently in cultivation at Pohakuloa Training Area (61 
FR 53137; GDSI 2000; HINHP Database 2000; Bill Stormont, DOFAW, pers. 
comm. 2000).
    Neraudia ovata grows in open Metrosideros polymorpha-Sophora

[[Page 36976]]

chrysophylla dominated lowland, montane dry forests, and Metrosideros-
shrub woodland at elevations of 115 m (380 ft) at Kaloko and 1,325 and 
1,829 m (4,350 to 6,000 ft) at Pohakuloa Training Area. Associated 
native plant taxa include Reynoldsia sandwicensis (ohe), Myoporum 
sandwicense, Cocculus triloba (huehue), Myrsine lessertiana, Myrsine 
lanaiensis (kolea), Capparis sandwichiana (maiapilo), Fimbristylis 
hawaiiensis (NCN), or Bidens micrantha ssp. ctenophylla (kookoolau) as 
well as the federally endangered Nothocestrum breviflorum (aiea) or 
Pleomele hawaiiensis (halapepe), (61 FR 53137; HINHP Database 2000; 
Service 1998c; L. Pratt et al., pers. comm. 2001).
    The major threats to Neraudia ovata are heavy browsing and habitat 
modification by feral sheep (Ovis aries) and feral goats; competition 
from non-native plants such as Schinus terebinthifolius 
(Christmasberry), Leucaena leucocephala (koa haole), and Pennisetum 
setaceum; habitat modification due to volcanic activity; residential 
development; insect damage by the non-native spiraling whitefly 
(Aleurodicus dispersus); and a risk of extinction from naturally 
occurring events and/or reduced reproductive vigor due to the small 
number of existing individuals in the three remaining populations (61 
FR 53137; Service 1998c).
    Nothocestrum breviflorum (aiea).
    Nothocestrum breviflorum is a long-lived perennial of the 
nightshade family (Solanaceae). It is a stout tree with a soft, sappy 
wood with dark brown bark. The leaves are relatively thick and papery 
in texture. The upper leaf surface is glabrous (smooth) to sparsely 
whitish pubescent (downy), and the lower surface is often densely 
whitish pubescent. Several to numerous flowers appear in clusters at 
the tips of shortened, spur-like branches. Fruits remain enclosed by 
the calyx and are orange-red, round berries about 6 to 8 mm (0.2 to 0.3 
in) in diameter. This species is distinguished from other Hawaiian 
members of the genus by leaf shape, number of flowers (more than three) 
in the flower clusters at tips of short spur-like branches, and the 
fruit remaining enclosed in the calyx (Symon 1999).
    This species was observed in flower during February, and in fruit 
and flower during December and January. No other life history 
information is currently available (HINHP Database 2000; Service 
1996a).
    Nothocestrum breviflorum is historically known from the southern 
Kohala mountains, the western, southern, and eastern slopes of Mauna 
Loa, and the northern slopes of Hualalai. There are 10 currently known 
populations totaling more than 150 individuals from State and privately 
owned lands in north Kona at Kaupulehu, Puu Waawaa, Kaloko, Kealakehe, 
Kahauloa; in Kau at Kamaoa-Puueo, in the Kohala Mountains at Kiholo and 
Honopue. In addition, plants were cultivated at Kipuka Puaulu in Hawaii 
Volcanoes National Park for ornamental purposes and there are 
outplanted individuals on State owned land in Puu Waawaa (59 FR 10305; 
Service 1996a HINHP Database 2000; GDSI 2000; L. Perry, pers. comm. 
2000).
    Nothocestrum breviflorum is found in lowland dry forest, montane 
dry forest, and montane mesic forest dominated by Metrosideros 
polymorpha, Acacia koa, and/or Diospyros sandwicensis (lama). 
Individuals occur on aa lava substrates at elevations ranging from 152 
to 1,948 m (500 to 6,390 ft). Associated native plant species include 
Sophora chrysophylla, Reynoldsia sandwicensis, Psydrax odorata 
(alahee), Myoporum sandwicense, Bidens micrantha, Dodonaea viscosa, 
Osteomeles anthyllidifolia, Santalum paniculatum (iliahi), S. 
ellipticum, Caesalpinia kavaiensis (uhiuhi), or Erythrina sandwicensis 
(wiliwili). In addition, in the Puu Waawaa area the federally 
endangered Colubrina oppositifolia (kauila), Kokia drynarioides 
(kokio), Hibiscadelphus hualalaiensis (hau kuahiwi), Delissea undulata 
(NCN), or Pleomele hawaiiensis (hala pepe) are also known from the area 
where N. breviflorum occurs (Gagne and Cuddihy 1999; Symon 1999; 59 FR 
10305; Service 1996a; HINHP Database 2000, Pratt et al., pers. comm. 
2001).
    Nothocestrum breviflorum is negatively impacted by cattle and sheep 
grazing and by non-native plant taxa such as Schinus terebinthifolius, 
Pennisetum setaceum, Lantana camara (lantana), and Leucaena 
leucocephala. The presence of these invasive plant taxa may afford 
enough fuel to support a destructive fire. Increased residential and 
recreational developments have reduced available habitat. This species 
is also threatened by a risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the small number of 
existing individuals in the three remaining populations (59 FR 10305; 
HINHP Database 2000; Service 1996a).
    Ochrosia kilaueaensis (holei).
    Ochrosia kilaueaensis, a long-lived perennial of the dogbane family 
(Apocynaceae), is a tree with milky sap that grows to about 15 to 18 m 
(49 to 59 ft) tall. Elongated, egg- or lance-shaped leaf blades are 
arranged three to four at a node. Conspicuous secondary veins are 
almost perpendicular to the mid-vein. Numerous flowers are arranged in 
clusters and subtended by main flower cluster stalks divided into two 
sections, primary stalks (peduncles), and secondary branch stalks. The 
calyx is deeply 5-lobed and the green-white, trumpet-shaped flowers 
have five lobes fused at the base into a cylindric tube. Lance-shaped 
fruits have a fleshy inner layer, a stony single seed, and may be 
yellow-brown when mature. This species can be separated from other 
Hawaiian taxa of the genus by the greater height of mature trees, open 
flower clusters, longer flower stalks, and larger calyx and petal lobes 
(Wagner et al. 1999).
    No life history information is available for Ochrosia kilaueaensis 
at this time (59 FR 10305).
    Ochrosia kilaueaensis is known historically only from Puu Waawaa 
and at Kipuka Puaulu in Hawaii Volcanoes National Park. It has not been 
seen in the wild since 1927 (59 FR 10305; M. Bruegmann pers. comm. 
2000).
    Ochrosia kilaueaensis was found in Acacia-Metrosideros-Sapindus 
montane mesic forest between the elevations of 668 and 1,222 m (2,190 
and 4,010 ft) (HINHP Database 2000; Wagner et al. 1999).
    This species was threatened by fire, feral goats, predation of 
fruits by rats, and competition with fountain grass (Service 1996a).
    Phyllostegia racemosa (NCN).
    Phyllostegia racemosa, a short-lived perennial of the mint family 
(Lamiaceae), is a climbing vine with many-branched, square stems. 
Leaves are opposite, moderately covered with short, soft hairs, dotted 
with small glands, and with shallow, rounded teeth. The leaf stalks are 
covered densely with short hairs. This species is distinguished from 
others in this genus by its leaf shape, lack of a main stalk to the 
flower clusters, and calyx teeth that are rounded and shallow (Wagner 
et al. 1999).
    No life history is available for this Phyllostegia racemosa at this 
time (61 FR 53137).
    Historically, Phyllostegia racemosa was found in the Hakalau and 
Saddle Road areas of Mauna Kea and the Kulani-Keauhou and Kipuka Ahiu 
areas of Mauna Loa. Currently, seven populations with a total of 
approximately 10 individuals are known to occur on private and State 
lands in the Kulani-Keauhou area, on Federal lands in the Hakalau Unit 
of the Hakalau Forest National Wildlife Refuge and in Hawaii Volcanoes 
National Park

[[Page 36977]]

(61 FR 53137; HINHP Database 2000; GDSI 2000).
    Phyllostegia racemosa is typically found epiphytically in Acacia 
koa, Metrosideros polymorpha, and Cibotium sp. dominated montane mesic 
or wet forests at elevations between 1,369 and 1,966 m (4,490 to 6,450 
ft). Associated native plant taxa include Vaccinium calycinum (ohelo), 
Rubus hawaiiensis, or Dryopteris wallichiana (61 FR 53137; Service 
1998c; L. Pratt et al., pers. comm. 2001).
    The major threats to Phyllostegia racemosa are habitat disturbance 
by feral pigs and cattle; logging; competition from non-native plant 
taxa, such as Passiflora mollissima, Pennisetum clandestinum (kikuyu 
grass), Anthoxanthum odoratum (sweet vernalgrass), and Paspalum 
urvillei (vasey grass); habitat modification due to volcanic activity; 
and a risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of existing populations and 
individuals (61 FR 53137; Service 1998c; HINHP Database 2000).
    Phyllostegia velutina (NCN).
    Phyllostegia velutina, a short-lived perennial of the mint family 
(Lamiaceae), is a climbing vine with dense, backward-pointing hairs on 
the leaves and square stems. This species is distinguished from others 
in this genus by its silky hairs, lack of a main stalk to the flower 
clusters, and calyx teeth that are narrow and sharply pointed (Wagner 
et al. 1999).
    No life history information is available for this Phyllostegia 
velutina at this time (61 FR 53137).
    Historically, Phyllostegia velutina was found on the southern 
slopes of Hualalai and the eastern, western, and southern slopes of 
Mauna Loa. Phyllostegia velutina is currently known from five locations 
with approximately 100 individuals; on State and privately owned lands 
in the Olaa-Kilauea area, Upper Waiakea Forest Reserve, Kapapala Forest 
Reserve, Kau Forest Reserve, Puu Waawaa; and from Federal lands in the 
Hakalau Unit of the Hakalau Forest National Wildlife Refuge (61 FR 
53137; GDSI 2000; HINHP Database 2000; Service 1998c).
    Phyllostegia velutina typically grows in Metrosideros polymorpha-
Acacia koa dominated montane mesic and wet forests at elevations 
between 908 and 1,887 m (2,980 and 6,190 ft). Associated native plant 
taxa include Cibotium spp., Cheirodendron trigynum, Vaccinium 
calycinum, Coprosma sp., Dryopteris wallichiana, Rubus hawaiiensis, 
Pipturus albidus, Athyrium microphyllum (akolea) or other native wet 
forest terrestrial ferns, Myrsine lessertiana, or Ilex anomala (61 FR 
53137; HINHP Database 2000; Service 1998c; L. Pratt et al., pers. comm. 
2001).
    Threats to Phyllostegia velutina are habitat damage by cattle, 
feral pigs and sheep; prison facility expansion, road clearing, and 
logging; competition from non-native plants, such as Pennisetum 
clandestinum, Rubus ellipticus (yellow Himalayan raspberry), Paspalum 
urvillei, and Pennisetum setaceum; fire; habitat modification due to 
volcanic activity; and a risk of extinction from naturally occurring 
events and/or reduced reproductive vigor due to the small number of 
existing populations and individuals (61 FR 53137; HINHP Database 2000; 
Service 1998c).
    Phyllostegia warshaueri (NCN).
    Phyllostegia warshaueri, a short-lived perennial of the mint family 
(Lamiaceae), is either a sprawling or climbing vine with end branches 
turning up, covered with upward-pointing fine, short hairs on the 
square stems. This species is distinguished from others in this genus 
by its long main stalk to the flower clusters, toothed leaves, and the 
distribution of hairs (Wagner et al. 1999).
    No life history information is available for Phyllostegia 
warshaueri at this time (61 FR 53137).
    Historically, Phyllostegia warshaueri was found in the Hamakua 
region on the northern slopes of Mauna Kea and in the Kohala Mountains. 
The only known individuals occur in 7 locations on State and privately 
owned lands; 3 populations with 12 individuals in Laupahoehoe NAR near 
the Waipunalei boundary; 2 populations in the Hilo Forest Reserve with 
an unknown number of individuals; and 1 population with 2 individuals 
in the Kohala Forest Reserve at the Ookala Trail and near the Hamakua 
Ditch Trail; and 1 population on private land just outside the Kohala 
Forest Reserve in Waipio Valley near Kaiwainui Stream. In addition, 
individuals have been outplanted on State land in Waimanu (61 FR 53137; 
HINHP Database 2000; GDSI 2000; Service 1998c; L. Perry, pers. comm. 
2000).
    Phyllostegia warshaueri grows in Metrosideros polymorpha and 
Cibotium montane and lowland wet forest in which Acacia koa or 
Cheirodendron trigynum may co-dominate, at elevations between 730 and 
1,150 m (2,400 and 3,770 ft). Associated native plant taxa include 
Antidesma platyphyllum, Psychotria hawaiiensis, Hedyotis sp., Coprosma 
sp., Sadleria pallida (amau), Broussaisia arguta, Pipturus albidus, 
Clermontia parviflora (oha wai), Athyrium sandwicensis (NCN), 
Machaerina angustifolia (uki), Cyanea pilosa, or other Cyanea spp. 
(haha) (61 FR 53137; Service 1998c; HINHP Database 2000).
    The major threats to Phyllostegia warshaueri are habitat 
destruction by feral pigs; competition from non-native plant taxa, such 
as Rubus rosifolius, Psidium cattleianum, Setaria palmifolia (palm 
grass), Juncus planifolius (NCN), or Tibouchina herbacea (glorybush); 
ditch improvements and road clearing; and a risk of extinction from 
naturally occurring events and/or reduced reproductive vigor due to the 
small number of existing populations and individuals (61 FR 53137; 
Service 1998c; HINHP Database 2000).
    Plantago hawaiensis (laukahi kuahiwi).
    Plantago hawaiensis is a short-lived perennial herb in the plantain 
family (Plantaginaceae) with a short stem and red-brown wooly hairs. 
The thick leathery basal leaves are narrowly elliptic. This species is 
distinguished from other members of the genus in Hawaii by several 
characters including ascending to sub-erect flowers, thick leathery 
leaves, and a fruit that is longer than the calyx (Wagner et al. 1999).
    No life history information is available for Plantago hawaiensis at 
this time (59 FR 10305).
    Historically, Plantago hawaiensis occurred on the southern slope of 
Mauna Kea, northeastern, southeastern and southern slopes of Mauna Loa, 
and the western slope of Hualalai. Currently, 8 populations have been 
identified totaling approximately 5,000 individuals on State and 
federally owned lands. One population is known from Kipuka Ainahou 
Wildlife Sanctuary, two populations each are known from Upper Waiakea 
Forest Reserve, Hawaii Volcanoes National Park, and Puu Waawaa and one 
population is known from Kapapala Forest Reserve. In addition, Plantago 
hawaiensis is currently in cultivation at Hawaii Volcanoes National 
Park (59 FR 10305; GDSI 2000; Warshauer 2000; HINHP Database 2000; M. 
Bruegmann, pers. comm. 2000).
    The habitat of Plantago hawaiensis is somewhat variable. The taxon 
grows in montane wet sedge land with mixed sedges and grasses, montane 
mesic forest, dry subalpine woodland, or Metrosideros and native shrub, 
at elevations of 1,512 to 2,585 m (4,960 to 8,480 ft). Associated 
native plant species include stunted Acacia koa and Metrosideros 
polymorpha, Styphelia tameiameiae, Vaccinium reticulatum, Dodonaea 
viscosa, Coprosma montana, or Coprosma ernodeoides. Plantago hawaiensis 
is often found growing in

[[Page 36978]]

damp cracks of pahoehoe lava (59 FR 10305; HINHP Database 2000; Service 
1996a; L. Pratt et al., pers. comm. 2001).
    Mouflon sheep, feral pigs, and goats threaten most of the 
populations. The two populations within Hawaii Volcanoes National Park 
are protected from feral pigs and goats by fenced exclosures but 
recently mouflon sheep have compromised the fence. Browsing by 
ungulates may affect the viability of these plants, preclude the 
establishment of juveniles, and damage the habitat, thereby opening 
suitable sites for the establishment of non-native weeds. Decreased 
reproductive ability due to the small number of individuals in most 
populations, as well as their widely scattered distribution, threaten 
this species. A risk of extinction from naturally occurring events and/
or human activities is possible (59 FR 10305; HINHP Database 2000; 
Service 1996a).
    Pleomele hawaiiensis (halapepe).
    Pleomele hawaiiensis, a long-lived perennial of the agave family 
(Agavaceae), is a branching tree with leaves spirally clustered at the 
branch tips which leave large brown leaf scars as they fall off. This 
species differs from other Hawaiian species in this genus by its pale 
yellow flowers, the size of the flowers, the length of the constricted 
base of the flower, and the width of the leaves (Wagner et al. 1999).
    No life history information is available for this Pleomele 
hawaiiensis at this time (61 FR 53137).
    Historically, Pleomele hawaiiensis was found ranging from the 
Kohala mountains to Kau. Eight locations with a total of 300 to 400 
individuals are currently known from State and private lands. Two 
populations are known from State and private lands in the Kohala 
mountains in Pololu Valley, three populations are known from State land 
in the Puu Waawaa and Puu Anahulu area, two populations are known from 
State and private lands in the Kaupulehu lava flow area, and one 
population is known from private land in the Huehue area (61 FR 53137; 
HINHP Database 2000; GDSI 2000; Service 1998c, L. Pratt et al., pers. 
comm. 2001).
    Pleomele hawaiiensis typically grows on open aa lava in diverse 
lowland dry forests and Metrosideros-Diospyros lowland dry forest at 
elevations between 152 and 969 m (500 and 3,180 ft). Associated native 
plant taxa include Metrosideros polymorpha, Reynoldsia sandwicensis, 
Dodonaea viscosa, Diospyros sandwicensis, Sophora chrysophylla, Psydrax 
odorata, Cocculus trilobus, Myoporum sandwicense, Nestegis 
sandwicensis, Bobea timonioides (ahakea), Nototrichium sandwicense 
(kului), Sida fallax (ilima), Erythrina sandwicensis, Santalum 
paniculatum, Osteomeles anthyllidifolia, or Bidens micrantha ssp. 
ctenophylla as well as the federally endangered Caesalpinia kavaiensis, 
Colubrina oppositifolia, Kokia drynarioides, Nothocestrum breviflorum, 
or Neraudia ovata (61 FR 53137; HINHP Database 2000; Service 1998c; L. 
Pratt et al., pers. comm. 2001).
    The major threats to Pleomele hawaiiensis are habitat conversion 
associated with residential and recreational development; seed 
predation from weevils; habitat destruction by feral pigs, sheep, and 
goats; fire; competition from non-native plant taxa, such as Pennisetum 
setaceum, Leucaena leucocephala, Schinus terebinthifolius, or Lantana 
camara; habitat change due to volcanic activity; and the lack of 
reproduction in all but two populations (61 FR 53137; HINHP Database 
2000; Service 1998c).
    Pritchardia affinis (loulu).
    Pritchardia affinis is a long-lived perennial in the palm family 
(Arecaceae) that grows from 10 to 25 m (33 to 82 ft) tall. Its 
orbicular and wedge-shaped, hairless leaf blades are green on the upper 
surface and pale green on the lower surface, with a few yellow scales. 
Pale, long, soft, tangled hairs extend along the fan-like folds of the 
leaf segments to the leaf stalk. One or more hairless flower clusters 
are branched and re-branched. Each flower cluster is subtended by a 
main flower cluster stalk (peduncle) that has bracts at the base. Upper 
flower cluster branches also are subtended by small membranous bracts 
bearing a single flower. The calyx is cup-shaped and three-lobed. Three 
petals are fused at the base to the stamen tube, which is comprised of 
six stamens (the organ of the flower which bears the pollen-grains). 
The immature fruit has a three-lobed stigma (the part of the female 
reproductive structure (pistil) of a flower on which pollen is normally 
deposited). The fruit is brown to black, almost round and about 2.3 cm 
(0.9 in) in diameter. This taxon can be distinguished from other 
species of Pritchardia by several characters including long tangled 
hair on the lower blade surface and leaf stalk, stout hairless flower 
clusters borne among wedge-shaped leaves, and an almost round fruit 
that is smaller than fruits of other species (Read and Hodel 1999).
    No life history information is available for this Pritchardia 
affinis at this time (59 FR 10305).
    Historically, Pritchardia affinis was known from the Kohala 
Mountains and along the southern and western coasts of the island of 
Hawaii. Currently, an unknown number of individuals are scattered along 
the western coast of the island of Hawaii, in Kealakekua, and in Hilo 
on State and private lands. Due to the use of this species as a 
landscape specimen and its locations in the ``wild'' near prehistoric 
and historic house lots, we are unable to determine the number of wild 
individuals or the number of wild populations. All of the extant 
populations may be outplanted. In addition, this palm has been 
propagated by the National Tropical Botanical Garden, Volcano Rare 
Plant Facility, and DOFAW (59 FR 10305; Service 1996a; M. Bruegmann, 
pers. comm. 2000).
    Pritchardia affinis typically grows in coastal mesic forest, 
possibly near brackish water, at elevations of 0 to 610 m (0 to 2,000 
ft). The trees occur in cultivated and/or developed sites, perhaps 
planted by Hawaiians, or may occur naturally. Because most coastal land 
had been historically cleared for cultivation, native associates are 
largely unknown (59 FR 10305; Service 1996a; HINHP Database 2000; L. 
Pratt et al., pers. comm. 2001).
    Major threats to Pritchardia affinis are development and human 
activities including over collection and vandalism, rat predation of 
fruits and seeds, feral pigs, and non-native plant species. Fire is a 
serious threat. The small number of populations and individuals may 
compromise the reproductive viability of these individuals and increase 
the vulnerability of the taxon to random events. Lethal yellowing is a 
disease particular to palms that represents a potential threat if the 
disease ever reaches Hawaii (59 FR 10305; HINHP Database 2000; Service 
1996a).
    Pritchardia schattaueri (loulu).
    Pritchardia schattaueri, a long-lived perennial in the palm family 
(Arecaceae), is a large tree, 30 to 40 m (100 to 130 ft) tall with a 
gray, longitudinally grooved trunk 30 cm (12 in) in diameter. Leaves 
form a spherical crown and are sometimes persistent after death. Leaves 
are fan-shaped, glossy green, with small brown scales on the lower 
surface. Flowers are on two- to four-branched inflorescences with a 
main stalk 1.2 to 1.75 m (3.9 to 5.7 ft) long and individual branches 1 
to 1.4 m (3.2 to 4.6 ft) long. The five bracts are lance-shaped, the 
lowest one 60 cm (2 ft) long, and the uppermost one 20 to 30 cm (9 to 
12 in) long. The calyx is green, fading to yellow-green at the tip and 
is three-toothed. Fruits are round or pear-shaped and black with brown 
spots when mature. This species differs from

[[Page 36979]]

its closest relative, Pritchardia beccariana, by its slender 
inflorescence branches, more deeply divided leaves, and pendulous 
rather than stiff tips of the leaf blade segments (Read and Hodel 
1999).
    No life history information is available for Pritchardia 
schattaueri at this time (61 FR 53137).
    Historically, Pritchardia schattaueri was known from the South Kona 
Forest Reserve on State land. Currently there is one mature individual 
with and fewer than 12 immature plants on privately owned land near the 
South Kona Forest Reserve. In addition, individuals have been 
propagated at the Volcano Rare Plant Facility, National Tropical 
Botanical Garden, Lyon Arboretum, and by DOFAW (61 FR 53137; Service 
1998c; GDSI 2000; HINHP Database 2000).
    Pritchardia schattaueri grows in Metrosideros polymorpha-dominated 
lowland mesic forest, at elevations between 600 and 800 m (1,970 to 
2,600 ft). Associated native plant taxa include Nestegis sandwicensis, 
Charpentiera obovata (papala), Cibotium sp., Myrsine sp. (kolea), or 
Pittosporum hosmeri (hoawa) (61 FR 53137; Service 1998c; HINHP Database 
2000; L. Pratt et al., pers. comm. 2001).
    The major threats to Pritchardia schattaueri are development and 
human activities including over collection and vandalism, grazing and 
trampling by cattle and feral pigs; competition from non-native plant 
taxa, such as Psidium cattleianum, Psidium guajava, Pennisetum 
clandestinum, Schinus terebinthifolius, or Rubus rosifolius; seed 
predation by rats; residential, commercial, or agricultural 
development; and habitat modification due to volcanic activity. There 
is also a risk of extinction from naturally occurring events and/or 
reduced reproductive vigor due to the small number of existing 
populations and individuals, and the lack of successful regeneration. 
Lethal yellowing is a disease particular to palms that represents a 
potential threat if the disease ever reaches Hawaii (61 FR 53137; 
Service 1998c; HINHP Database 2000).
    Sicyos alba (anunu).
    Sicyos alba, an annual in the gourd family (Cucurbitaceae), is a 
minutely hairy, black-spotted vine. Leaves are pale, broadly heart-
shaped and shallowly to deeply three- to five-lobed. This species can 
be distinguished from its nearest relative, Sicyos cucumerinus, by its 
white fruit without bristles and 10 or fewer female flowers per cluster 
(Telford 1999).
    No life history is available for Sicyos alba at this time (61 FR 
53137).
    Historically, Sicyos alba was found in the Kilauea area. Currently, 
this species is known from four locations with a total of approximately 
30 individuals on State and Federal lands in the Puna District. One 
population is known from Puu Makaala NAR, two populations from Olaa 
tract in Hawaii Volcanoes National Park, and one population from Olaa 
Forest Reserve, (61 FR 53137; HINHP Database 2000; GDSI 2000; L. Pratt 
in litt. 2000).
    Sicyos alba typically grows in Metrosideros polymorpha-Cibotium 
glaucum dominated montane wet forests, at elevations between 896 and 
1,576 m (2,940 and 5,170 ft). Associated native plant taxa include 
Coprosma sp., Astelia menziesii (painiu), Athyrium sp., Psychotria sp., 
Cheirodendron trigynum, Pritchardia beccariana, Platydesma spathulata 
(pilo kea), Broussaisia arguta, Cyrtandra lysiosepala (haiwale), 
Stenogyne sp. (NCN), Perrottetia sandwicensis, Cyanea tritomantha 
(aku), or Athyrium microphyllum or other ferns (61 FR 53137; Service 
1998c; HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    The major threats to Sicyos alba are habitat damage by feral pigs; 
trail clearing; competition from non-native plant taxa, such as 
Passiflora mollissima, Setaria palmifolia, Psidium cattleianum, or 
Rubus ellipticus; habitat modification due to volcanic activity; and a 
risk of extinction from naturally occurring events and/or reduced 
reproductive vigor due to the small number of existing individuals (61 
FR 53137; Service 1998c; HINHP Database 2000).
    Silene hawaiiensis (NCN).
    Silene hawaiiensis, a short-lived member of the pink family 
(Caryophyllaceae), is a sprawling shrub with climbing or clambering 
stems. Stems, generally, are covered with short, sticky hairs and arise 
from an enlarged root. Leaves are slender, often recurved and 
stalkless. Flowers are arranged in loose, elongate clusters that are 
very sticky. Silene hawaiiensis can be distinguished from other species 
of the genus in Hawaii by several characters: sprawling habit, presence 
of sticky hairs, leaf shape, and color of the petals (green-white with 
maroon-colored backs) (Wagner et al. 1999).
    This species was observed in flower in September and August. No 
other life history is known for this species (Service 1996a).
    Historically, Silene hawaiiensis was known from the western slopes 
of Mauna Kea; the summit of Hualalai; Humuula Saddle; northern, 
southern, western, and northwestern slopes of Mauna Loa; and Kilauea 
Crater. Currently, at least 23 populations with a total of 
approximately 2,540 individuals are known from private, State, and 
Federal lands in the Mauna Kea Forest Reserve, Keauhou, Pohakuloa 
Training Area, and Hawaii Volcanoes National Park (59 FR 10305; GDSI 
2000; HINHP Database 2000; Service 1996a).
    Silene hawaiiensis typically occurs in montane and subalpine dry 
shrubland on weathered lava, but is found on variously aged lava flows 
and cinder substrates as well, at elevations between 896 and 3,011 m 
(2,940 and 9,880 ft). Associated native plant taxa are Metrosideros 
polymorpha, Sophora chrysophylla, Vaccinium reticulatum, Styphelia 
tameiameiae, Rumex giganteus (pawale), or Dodonaea viscosa (59 FR 
10305; HINHP Database 2000; Service 1996a, L. Pratt et al., pers. comm. 
2001).
    Feral goats, pigs, and sheep are detrimental to the taxon's 
survival. Individuals on the lower northern slope of Mauna Loa were 
observed having tender new growth browsed and new leaves stripped away, 
thus compromising the viability of these individuals. Non-native plant 
taxa, particularly Pennisetum setaceum, are a major threat imperiling 
the survival of Silene hawaiiensis. In certain areas where new lava is 
flowing from Kilauea, plants may be enveloped by molten lava rock and/
or consumed by fire. Military training may jeopardize plants on 
Pohakuloa Training Area (59 FR 10305; HINHP Database 2000; Service 
1996a).
    Zanthoxylum dipetalum var. tomentosum (ae).
    Zanthoxylum dipetalum var. tomentosum is a long-lived perennial and 
a tree in the citrus family (Rutaceae). It has alternate leaves 
comprised of three to seven leathery, elliptical, gland-dotted, smooth-
edged leaflets. The undersurface of the leaflets is densely covered 
with fine, short hairs, and the lowest pair of leaflets is often 
strongly reduced. This variety is distinguished from Zanthoxylum 
dipetalum var. dipetalum by the hairs on the undersurface of the 
leaflets. It is distinguished from other Hawaiian species of the genus 
by its reduced lower leaflets, the presence of only one joint on some 
of the leaflet stalks, and the large seeds (Stone et al. 1999).
    No life history information is available for Zanthoxylum dipetalum 
var. tomentosum at this time (61 FR 53137).
    Only one population of Zanthoxylum dipetalum var. tomentosum has 
ever been known, at Puu Waawaa on

[[Page 36980]]

Hualalai. Currently there are eight to nine individuals located on this 
State owned land. In addition, two to three individuals have been 
outplanted in the same location (61 FR 53137; GDSI 2000; HINHP Database 
2000; Service 1998c; L. Perry, pers. comm. 2000).
    Zanthoxylum dipetalum var. tomentosum grows in Metrosideros 
polymorpha dominated montane mesic forest, often on aa lava, at 
elevations between 872 and 1,210 m (2,860 and 3,970 ft). Associated 
native plant species include Sophora chrysophylla, Diospyros 
sandwicensis, Pouteria sandwicensis, Santalum paniculatum, Reynoldsia 
sandwicensis, Myrsine sp., or Psychotria sp. (61 FR 53137; HINHP 
Database 2000; Service 1998c; L. Pratt et al., pers. comm. 2001).
    Threats to Zanthoxylum dipetalum var. tomentosum include browsing, 
trampling, and habitat disturbance by cattle, feral pigs, and sheep; 
competition from non-native plant species, such as Pennisetum 
clandestinum, Pennisetum setaceum, Lantana camara, Leucaena 
leucocephala, or Grevillea robusta (silk oak); habitat modification due 
to volcanic activity; and fire. In addition, Zanthoxylum dipetalum var. 
tomentosum is threatened by a risk of extinction from naturally 
occurring events and/or reduced reproductive vigor due to the small 
number of existing individuals in only one population (61 FR 53137; 
HINHP Database 2000; Service 1998c).

Multi-Island Species

    Achyranthes mutica (NCN).
    Achyranthes mutica, a member of the amaranth family (Amaranthaceae) 
and a short-lived perennial, is a many-branched shrub with egg-shaped 
leaves and stalkless flowers. This species is distinguished from others 
in the genus by the shape and size of the sepals and by characteristics 
of the spike, which is short and congested (Wagner et al. 1999).
    No life history information is available for Achyranthes mutica at 
this time (Service 1999).
    Historically, Achyranthes mutica was known from three collections 
from opposite ends of the main archipelago, Kauai and the island of 
Hawaii. Currently, this species is known only from the island of 
Hawaii, from the Kilohana Gulch on private land. This one population 
has a total of between 20 and 50 individuals (61 FR 53108; HINHP 
Database 2000; GDSI 2000).
    Achyranthes mutica is found in Acacia koaia (koaia) lowland dry 
forest primarily in gulches but also in remnant stands of forest at 
elevations between 643 and 1,518 m (2,110 and 4,990 ft). Associated 
native plant species include Dodonaea viscosa, Myoporum sandwicense, 
Osteomeles anthyllidifolia, Nestegis sandwicensis, Metrosideros 
polymorpha, Santalum ellipticum, Erythrina sandwicensis, or Sophora 
chrysophylla (Service 1999; L. Pratt et al., pers. comm. 2001).
    The primary threats to Achyranthes mutica on the island of Hawaii 
are habitat degradation and/or destruction by cattle and feral goats, 
competition with non-native plants, a risk of extinction from naturally 
occurring events (such as landslides or hurricanes), and/or reduced 
reproductive vigor due to the small number of existing individuals and 
populations.
    Adenophorus periens (pendant kihi fern).
    Adenophorus periens, a member of the grammitis family 
(Grammitidaceae) and a short-lived perennial, is a small, pendant, 
epiphytic fern. This species differs from other species in this endemic 
Hawaiian genus by having hairs along the pinna (the leaflet of a 
pinnate leaf (a compound leaf, having leaflets or pinnae, arranged in a 
single row along each side of a common axis)) margins, by the pinnae 
being at right angles to the midrib axis, by the placement of the sori 
(a group or cluster of sporanges (sac containing spores), spore-bearing 
structures) on the pinnae, and the degree of dissection of each pinna 
(Linney 1989).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in closed canopy dense forest with high 
humidity. Its breeding system is unknown but outbreeding is very likely 
to be the predominant mode of reproduction. Spores are dispersed by 
wind, possibly by water, and perhaps on the feet of birds or insects. 
Spores lack a thick resistant coat which may indicate their longevity 
is brief, probably measured in days at most. Due to the weak 
differences between the seasons, there seems to be no evidence of 
seasonality in growth or reproduction. Adenophorus periens appears to 
be susceptible to volcanic emissions and/or the resultant acid 
precipitation. Additional information on reproductive cycles, 
longevity, specific environmental requirements, and limiting factors is 
not available (Linney 1989).
    Historically, Adenophorus periens was known from Kauai, Oahu, 
Lanai, East Maui, and Hilo and Waimea on the island of Hawaii. 
Currently, it is known from several locations on Kauai, Molokai, and 
Hawaii . On the island of Hawaii, it is found in a total of 13 
populations containing an unknown number of individuals in the 
Kahaualea NAR and adjoining areas and in Hawaii Volcanoes National Park 
on State, Federal, and privately owned lands (Lorence and Flynn 1991; 
HINHP Database 2000; 59 FR 56333; GDSI 2000).
    Adenophorus periens, an epiphyte usually growing on Metrosideros 
polymorpha or Ilex anomala or possibly other native tree trunks, is 
found in Metrosideros polymorpha-Cibotium glaucum lowland wet forest at 
elevations between 338 and 1,180 m (1,110 and 3,870 ft). Associated 
native plant species include Broussasia arguta, Cheirodendron trigynum, 
Cyanea sp. (haha), Cyrtandra sp. (haiwale), Dicranopteris linnearis 
(uluhe), Freycinetia arborea (ieie), Hedyotis terminalis, Labordia 
hirtella (NCN), Machaerina angustifolia, Psychotria sp., or Psychotria 
hawaiiensis (Linney 1989; 59 FR 56333; L. Pratt et al., pers. comm. 
2001).
    The threats to Adenophorus periens on the island of Hawaii are 
habitat degradation by feral pigs and goats, competition with the non-
native plant Psidium cattleianum, and fires and fumes from volcanic 
eruptions (59 FR 56333).
    Asplenium fragile var. insulare (NCN).
    Asplenium fragile var. insulare, a short-lived perennial and a 
member of the spleenwort family (Aspleniaceae), is a fern with a short 
sub-erect stem with a dull gray or brown main axis with two greenish 
ridges. This Hawaiian fern species is most similar to Asplenium 
macraei. The two can be distinguished by the size and shape of the 
pinnae and the number of sori per pinna (Wagner and Wagner 1992).
    Little life history information is available for Asplenium fragile 
var. insulare. Reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are unknown. Researchers have 
collected information on species composition, extent of cover, and age-
class structure in six sub-populations at Pohakuloa Training Area in 
order to describe the populations. No gametophytes (gamete-producing 
life stage) were found, and the age-class structure of the sub-
populations sampled was determined to be 100 percent reproductive 
adults because all the sporophytes (spore-producing life stage) had 
sori on some fronds (Service 1998a; Shaw 1992).
    Asplenium fragile var. insulare was known historically from East 
Maui and on the island of Hawaii below Kalaieha, Laumaia, Keanakolu and 
Umikoa on Mauna Kea, Puu Waawaa on Hualalai, west Keawewai, above 
Kipuka Ahiu on

[[Page 36981]]

Mauna Loa, and near Hilo. Currently, on the island of Hawaii it is 
found in a total of 17 populations with more than 300 individuals. 
There are 13 populations in the Pohakuloa Training Area, 1 population 
in Hawaii Volcanoes National Park, 2 populations just south of the 
Upper Waiakea Forest Reserve and the Mauna Loa Forest Reserve, and 1 
population in the Keokea section of the South Kona District on State, 
Federal, and private lands (GDSI 2000; HINHP Database 2000; Shaw 1992; 
59 FR 49025).
    On the island of Hawaii, Asplenium fragile var. insulare is found 
in Metrosideros polymorpha dry montane forest, Dodonaea viscosa dry 
montane shrubland, Myoporum sandwicense-Sophora chrysophylla dry 
montane forest, Metrosideros polymorpha-Acacia koa forest as well as 
subalpine dry forest and shrubland between elevations of 930 and 2,710 
m (3,050 and 8,890 ft). It grows almost exclusively in big, moist lava 
tubes (from 3 m to 4.5 m (10 to 15 ft) in diameter), pits, deep cracks, 
and lava tree molds, with at least a moderate soil or ash accumulation, 
associated with mosses and liverworts. Infrequently, this fern has been 
found growing on the interface between younger aa lava flows and much 
older pahoehoe lava or ash deposits. Although this taxon is found in 
habitats with three different moisture regimes (dry, mesic and wet), 
the microhabitat for this plant is fairly consistent. The fern 
generally occurs in areas that are moist and dark. Associated native 
plant species include Phyllostegia ambigua (NCN), Styphelia 
tameiameiae, Vaccinium reticulatum, mosses, or liverworts (Gagne and 
Cuddihy 1999; Shaw 1992; Service 1998a; HINHP Database 2000; L. Pratt 
et al., pers. comm. 2001).
    The primary threats to Asplenium fragile var. insulare on the 
island of Hawaii are feral sheep, pigs and goats; military operations 
and/or fires resulting from these operations; construction due to 
military activities; volcanic activity; the non-native plant Pennisetum 
setaceum; bulldozing of jeep roads; filling in of lava tubes; and a 
risk of extinction due to random naturally occurring events due to the 
small number of existing individuals (Service 1998a; 59 FR 49025; Shaw 
1992).
    Bonamia menziesii (NCN).
    Bonamia menziesii, a member of the morning glory family 
(Convolvulaceae) and a short-lived perennial, is a climbing 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).
    Reproductive cycles, longevity, specific environmental 
requirements, limiting factors and other aspects of life history are 
unknown for Bonamia menziesii (Service 1999).
    Historically, Bonamia menziesii was known from Kauai, Oahu, 
Molokai, West Maui, and eastern Hawaii. Currently, it is known on 
Kauai, Oahu, Lanai, Maui, and the island of Hawaii. On the island of 
Hawaii there is a single population containing six to eight naturally 
occurring individuals and 10 outplanted individuals at Kaupulehu on 
private land (HINHP Database 2000; L. Pratt, et al., pers. comm. 2001; 
Mick Castillo, Service, pers. comm. 2000; GDSI 2000).
    Bonamia menziesii is found in dry forest at elevations between 421 
and 704 m (1,380 and 2,310 ft). Associated native plant species include 
Diospyros sandwicensis, Erythrina sandwicensis, Xylosma hawaiiense 
(maua), Myrsine lanaiensis, Metrosideros polymorpha, Santalum 
paniculatum, Sapindus saponaria, Pouteria sandwicensis (alaa), 
Nototrichium sandwicense, Chenopodium oahuense (aheahea), Senna 
gaudichaudii (kolomona), Sophora chrysophylla, Sida fallax, Osteomeles 
anthyllidifolia, Dodonaea viscosa, Canavalia hawaiiensis (awikiwiki), 
Argemone glauca (pua kala), Peperomia blanda var. floribunda (alaala 
wai nui), or Psilotum nudum (moa) (HINHP Database 2000; L. Pratt et 
al., pers. comm. 2001).
    The primary threats to Bonamia menziesii on the island of Hawaii 
are habitat degradation and possible predation by wild and feral pigs, 
goats, and cattle; competition with a variety of non-native plant 
species, particularly Pennisetum setaceum; and fire (Service 1999).
    Cenchrus agrimonioides (kamanomano).
    Cenchrus agrimonioides, a member of the grass family (Poaceae), is 
a short-lived perennial grass with leaf blades which are flat or folded 
and have a prominent midrib. The two varieties, C. agrimonioides var. 
laysanensis and C. agrimonioides var. agrimonioides, differ from each 
other in that var. agrimonioides has smaller burs, shorter stems, and 
narrower leaves. Cenchrus agrimonioides var. agrimonioides is only 
known from the main Hawaiian Islands, while Cenchrus agrimonioides var. 
laysanensis is known only from the Northwestern Hawaiian Islands. This 
species is distinguished from others in the genus by the cylindrical to 
lance-shaped bur and the arrangement and position of the bristles 
(O'Conner 1999).
    Little is known about the life history of Cenchrus agrimonioides. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are generally unknown; however, this species has 
been observed to produce fruit all year, though the fruit does not 
appear to bear viable seeds in most cases (Service 1999).
    Historically, Cenchrus agrimonioides var. agrimonioides was known 
from Oahu, Lanai, Maui, and an undocumented report from island of 
Hawaii. Currently, var. agrimonioides is known only from Oahu and Maui. 
Cenchrus agrimonioides var. laysanensis has not been seen in the 
Northwestern Hawaiian Islands (Laysan, Kure Atoll, Midway Atoll) since 
about 1950. The undocumented report of Cenchrus agrimonioides var. 
agrimonioides on the island of Hawaii was made in 1800 (65 FR 79192; 
Kapua Kawelo, U.S. Army Environmental, pers. comm. 1997; Robert Hobdy, 
DOFAW, pers. comm. 1997; 61 FR 53108; Service 1999; HINHP Database 
2000; O'Connor 1999).
    Information on the physical and biological features that are 
essential to the conservation of Cenchrus agrimonioides var. 
agrimonioides on the island of Hawaii is not available.
    Threats to Cenchrus agrimonioides on the island of Hawaii include 
competition with non-native plant species and risk of extinction from 
naturally occurring events, and/or reduced reproductive vigor due to 
the small number of existing individuals (Service 1999).
    Clermontia lindseyana (haha).
    Clermontia lindseyana, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is a small, branched tree 
which is either terrestrial or epiphytic (living on the surface of 
other plants). It is easily separable from the other taxa within this 
genus by several characters: much larger leaves and flowers, similar 
petals and sepals, leaves which are conspicuously hairy beneath, and 
spreading floral lobes (Cuddihy et al. 1983; Lammers 1999, 1991).
    Clermontia lindseyana was observed in fruit from June to October, 
and in flower from February to August. No other life history 
information is currently available (HINHP Database 2000; Service 
1996a).
    Currently and historically, Clermontia lindseyana is known from 
Maui and on the island of Hawaii from the eastern slope of Mauna Kea 
and eastern, southeastern, and southwestern slopes of Mauna Loa. 
Currently, on Hawaii

[[Page 36982]]

there are a total of 17 populations containing more than 100 
individuals in or near the Kau Forest Reserve and the South Kona Forest 
Reserve on State land, the Kona Forest Unit of the Hakalau Forest 
National Wildlife Refuge on land under Federal jurisdiction, and the 
Hakalau Unit of the Hakalau Forest National Wildlife Refuge on Federal 
land (GDSI 2000; HINHP Database 2000; 59 FR 10305).
    The extant populations of Clermontia lindseyana grow in slightly 
open forest cover in wet and mesic Metrosideros polymorpha-Acacia koa 
forest, Metrosideros polymorpha forest, and mixed montane mesic 
Metrosideros polymorpha-Acacia koa forest at elevations between 1,314 
and 2,256 m (4,310 and 7,400 ft). Associated native plant taxa include: 
Styphelia tameiameiae, Cheirodendron trigynum, Rubus hawaiiensis, 
Coprosma sp., Athyrium sp., or Peperomia sp. (alaala wai nui) (HINHP 
Database 2000; Pratt et al., pers. comm. 2001).
    The threats to Clermontia lindseyana on the island of Hawaii are 
trampling and grazing by cattle; trampling and browsing by goats, 
rooting and trampling by pigs, competition with the non-native plants 
Pennisetum clandestinum or Passiflora mollissima, and fruit consumption 
by black rats (Service 1996a; Cuddihy et al. 1983).
    Clermontia peleana (haha).
    Clermontia peleana, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is an epiphytic shrub or 
tree that grows on native trees and tree ferns. Two subspecies are 
recognized, C. peleana ssp. singuliflora (greenish-white petals) and C. 
peleana ssp. peleana (blackish-purple petals). This species can be 
separated from other Hawaiian members of the genus by its epiphytic 
growth, small triangular green calyx lobes, and single-lipped flowers 
(Lammers 1999, 1991).
    Clermontia peleana has been observed in flower during June and 
November, and in fruit during November. No other life history 
information is currently available (Service 1996a; HINHP Database 
2000).
    Historically, Clermontia peleana ssp. peleana was known from the 
island of Hawaii, where it was found on the northeastern and 
southeastern slopes of Mauna Kea and from the eastern slopes of Mauna 
Loa (59 FR 10305). This subspecies was last collected by Ken Wood along 
Saddle Road in 1998 but that population was not relocated during a 1999 
survey. There are records of this plant in five locations but all are 
believed to be dead. There were four populations in Hakalau Forest 
National Wildlife Refuge, four populations in the Hilo Forest Reserve 
and one scattered population in the Upper Waiakea Forest Reserve on 
Federal and State lands, but this subspecies is now known only in 
cultivation. Clermontia peleana ssp. singuliflora was formerly found on 
the island of Hawaii on the northern slope of Mauna Kea and on East 
Maui, but the taxon (ssp. singuliflora) has not been seen in either 
place since the early 1900s (HINHP Database 2000; Wagner et al. 1999, 
L. Perry, pers. comm. 2000).
    Clermontia peleana grows in montane wet Metrosideros-Cibotium 
forest at elevations between 436 and 1,728 m (1,430 and 5,670 ft). 
Associated native plant species include Clermontia hawaiiensis (oha 
kepau), Cheirodendron trigynum, Cyrtandra platyphylla (haiwale), 
Cibotium menziesii (hapuu), C. chamissoi (hapuu), Ilex anomala, 
Sadleria spp. (amau), or Coprosma pubens (pilo) (L. Pratt et al., pers. 
comm. 2001).
    Colubrina oppositifolia (kauila).
    Colubrina oppositifolia, a member of the buckthorn family 
(Rhamnaceae) and a long-lived perennial, is a tree with extremely hard, 
red wood. This species is readily distinguished from the other species 
in Hawaii by characters such as opposite leaf position, dull leaf 
surface, and entire 2leaf margins (Wagner et al. 1999).
    Colubrina oppositifolia was observed in fruit and flower during 
September and June, and in flower during December and January. No other 
life history information is currently available (HINHP Database 2000; 
Service 1996a).
    Currently and historically, Colubrina oppositifolia is known from 
Oahu, Maui and the island of Hawaii. Currently, on the island of Hawaii 
there are a total of eight populations containing a total of fewer than 
500 individuals on State and private lands. Populations are located in 
Kaupulehu, Puu Waawaa, Kapua, Manuka NAR, and Kamaoa-Puueo (59 FR 
10305; GDSI 2000; HINHP Database 2000).
    Habitats of Colubrina oppositifolia on the island of Hawaii are 
lowland dry and mesic forests dominated by Diospyros sandwicensis and/
or Metrosideros polymorpha, found at elevations between 162 and 945 m 
(530 and 3,100 ft). Associated native plant species include 
Nototrichium sandwicense, Bobea timoniodes, Rauvolfia sandwicensis 
(hao), Erythrina sandwicensis, Sophora chrysophylla, Nestegis 
sandwicensis, Peperomia sp., Psydrax odorata, Reynoldsia sandwicensis, 
or Styphelia tameiameiae or the endangered species Nothocestrum 
breviflorum or Pleomele hawaiiensis (HINHP Database 2000, L. Pratt et 
al., pers. comm. 2001).
    The threats to Colubrina oppositifolia on the island of Hawaii are 
habitat destruction by feral pigs; competition with the non-native 
plants Lantana camara, Pennisetum setaceum, Phymatosorus scolopendria 
(bracken fern), Passiflora suberosa (huehue haole), or Schinus 
terebinthifolius; the introduction of Xylosandrus compactus (black twig 
borer); Adoretus sinicus (Chinese rose beetles); fire; small population 
numbers; limited distributions; and disturbance by military and 
unauthorized personnel such as collectors (59 FR 10305; Service 1996a).
    Ctenitis squamigera (pauoa).
    Ctenitis squamigera is a short-lived perennial of the spleenwort 
family (Aspleniaceae). It has a rhizome (horizontal stem) 5 to 10 mm 
(0.2 to 0.4 in) thick, creeping above the ground and densely covered 
with scales similar to those on the lower part of the leaf stalk. The 
leaf stalks are densely clothed with tan-colored scales up to 1.8 cm 
(0.7 in) long and 1 mm (0.04 in) wide. The sori are tan-colored when 
mature and are in a single row one-third of the distance from the 
margin to the midrib of the ultimate segments. The indusium (the 
membrane enclosing the sori) is whitish before wrinkling, thin, 
suborbicular with a narrow sinus extending about half way, glabrous 
except for a circular margin which is ciliolate (provided with minute 
marginal hairs) with simple several-celled glandular and nonglandular 
hairs arising directly from the margin or from the deltoid base. 
Ctenitis squamigera can be readily distinguished from other Hawaiian 
species of Ctenitis by the dense covering of tan-colored scales on its 
frond (Degener and Degener 1957; Wagner and Wagner 1992).
    Little is known about the life history of Ctenitis squamigera. 
Flowering cycles, pollination vectors, seed dispersal agents, specific 
environmental requirements, and limiting factors are unknown (Service 
1998a; 59 FR 49025).
    Historically, Ctenitis squamigera was recorded from the islands of 
Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii. It is currently found on 
Oahu, Lanai, Molokai, and Maui. It was last collected on the island of 
Hawaii in 1909, at ``Kalua'', an indeterminable place name (HINHP 
Database 2001; Service 1998a).
    Information on the physical and biological features that are 
essential to the conservation of Ctentis squamigera or the primary 
threats on the island of Hawaii is not available (HINHP Database 2001; 
Service 1998a).

[[Page 36983]]

    Delissea undulata (NCN).
    Delissea undulata, a member of the bellflower family 
(Campanulaceae) and a short-lived perennial, is an unbranched, palm-
like, woody-stemmed tree, with a dense cluster of leaves at the tips of 
the stems. One or two knob-like structures often occur on the back of 
the flower tube. Three subspecies, all but the last of which are 
considered extinct, may be separated on the basis of leaf shape and 
margin characters: D. undulata var. kauaiensis (leaf blades are oval 
and flat-margined with sharp teeth) (Kauai), D. undulata var. 
niihauensis (leaf blades are heart shaped and flat-margined with 
shallow, rounded teeth) (Niihau), and D. undulata var. undulata (leaf 
blades are elliptic to lance-shaped and wavy-margined with small, 
sharply pointed teeth) (Maui, Hawaii). This species is separated from 
the other closely related members of the genus by its large flowers and 
berries and broad leaf bases. Delissea undulata ssp. undulata is the 
only subspecies found on the island of Hawaii (Lammers 1990).
    Delissea undulata var. undulata was observed in fruit and flower 
during December. No other life history information is currently 
available (Service 1996a; HINHP Database 2000).
    Delissea undulata var. undulata was known from southwestern Maui 
and western Hawaii in North and South Kona. Currently it is only known 
on the island of Hawaii from a single individual in Puu Waawaa on State 
land. Several individuals have been outplanted in this area (GDSI 2000; 
HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    Delissea undulata var. undulata on the island of Hawaii occurs on 
dry cinder cones and in open Sophora chrysophylla and Metrosideros 
polymorpha forest at elevations between 890 to 1,747 m (2,920 to 5,730 
ft). Associated native plant species include Diospyros sandwicensis, 
Dodonaea viscosa, Psychotria mariniana (kopiko), P. greenwelliae 
(kopiko), Santalum paniculatum, Sophora chrysophylla, or Acacia koa or 
the endangered Nothocestrum breviflorum (61 FR 53124; HINHP Database 
2000; L. Pratt et al., pers. comm. 2001).
    The threats to Delissea undulata var. undulata on the island of 
Hawaii are feral sheep, goats, or pigs; cattle; small population size; 
competition with the non-native plant species Passiflora mollissima, 
Delairea odorata (Cape ivy), or Pennisetum clandestinum; fire; slugs; 
seed predation by rats; seed predation by introduced game birds; and 
extinction due to random events (Service 1996a; HINHP Database 2000).
    Diellia erecta (NCN).
    Diellia erecta, a member of the spleenwort family (Aspleniaceae) 
and a short-lived perennial, is a fern that grows in tufts of three to 
nine 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; Wagner 1992).
    Little is known about the life history of Diellia erecta. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999).
    Historically, Diellia erecta was known from Kauai, Oahu, Molokai, 
Lanai, Maui, and the island of Hawaii. Currently, it is only known from 
Molokai, Maui, and Hawaii. On the island of Hawaii there are three 
populations containing a total of more than 20 individuals on State 
lands in the South Kona Forest Reserve and the Manuka Natural Area 
Reserve (GDSI 2000; Service 1996b; Service 1999; 59 FR 56333).
    Diellia erecta on the island of Hawaii is found in Metrosideros 
polymorpha-Nestegis sandwicensis lowland mesic forest at elevations 
between 448 and 982 m (1,470 and 3,220 ft). Associated native plant 
species include Diospyros sandwicensis, Psydrax odorata, Antidesma 
platyphyllum, A. pulvinatum (hame), Microlepia sp. (NCN), Nestegis 
sandwicensis, Wikstroemia sandwicensis (akia), Wikstroemia 
phillyreifolia (akia), or Nephrolepis spp. (kupukupu) (HINHP Database 
2000, L. Pratt et al., pers. comm. 2001).
    The major threats to Diellia erecta on the island of Hawaii are 
habitat degradation by pigs, goats, and cattle; competition with non-
native plant species, including Blechnum occidentale (NCN); random 
naturally occurring events causing extinction; and/or reduced 
reproductive vigor due to the small number of existing individuals (59 
FR 56333; Service 1999).
    Flueggea neowawraea (mehamehame).
    Flueggea neowawraea, a member of the spurge family (Euphorbiaceae) 
and a long-lived perennial, is a large tree with white oblong pores 
covering its scaly, pale brown bark. This species is the only member of 
the genus found in Hawaii and can be distinguished from other species 
in the genus by its large size; scaly bark; the shape, size, and color 
of the leaves; flowers clustered along the branches; and the size and 
shape of the fruits (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 (Hayden 1999; Service 
1999).
    Historically, Flueggea neowawraea was known on Molokai, Oahu, 
Kauai, and the island of Hawaii. Currently, it is extant on Kauai, 
Oahu, Maui, and the island of Hawaii. On the island of Hawaii, there 
are a total of four populations containing around 16 to 23 individuals 
in Honomalino, Manuka NAR, Papa, and Huehue Ranch in North Kona on 
State and private lands (GDSI 2000; HINHP Database 2000).
    Flueggea neowawraea on the island of Hawaii occurs in mesic 
Metrosideros polymorpha forest at elevations between 424 to 820 m 
(1,390 to 2,690 ft). Associated native plant species include Nestegis 
sandwicensis, Psychotria hawaiiensis, Pittosporum hosmeri, Pipturus 
albidus, Pisonia spp. (papala kepau), Diospyros sandwicensis, Psydrax 
odorata, Antidesma platyphyllum, A. pulvinatum, or Nephrolepis spp. 
(HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    The threats to Flueggea neowawraea on the island of Hawaii are the 
black twig borer; habitat degradation by feral pigs, goats, and cattle; 
competition with non-native plant species such as Schinus 
terebinthifolius or Psidium cattleianum; fire; small population size; 
depressed reproductive vigor; military activities; and rat predation of 
the fruit (59 FR 56333; Service 1999; HINHP Database 2000).
    Gouania vitifolia (NCN).
    Gouania vitifolia, a member of the buckthorn family (Rhamnaceae) 
and a short-lived perennial, is a climbing shrub with tendriled 
flowering branches. This species differs from other members of its 
genus by having flowering branches with a tendril and coarsely crenate 
(wavy) to serrate-dentate (toothed) leaf margins (Wagner et al. 1999).
    In winter and late spring the main vine of Gouania vitfolia 
produces new young side shoots which soon die. Plants have been 
observed flowering from late November to January, but flowering 
probably depends on precipitation (Service 1998b).
    Historically, Gouania vitfolia was known from West Maui, the Kau 
District of the island of Hawaii, and Oahu. The species currently 
occurs on Oahu and

[[Page 36984]]

on the island of Hawaii. On the island of Hawaii, there is a single 
population within the State owned Manuka Natural Area Reserve 
containing three individuals (GDSI 2000; J. Giffin in litt. 2000).
    The preferred habitat of Gouania vitfolia on the island of Hawaii 
is dry, rocky ridges and slopes in dry shrubland or dry to mesic 
Nestegis-Metrosideros forests on old substrate kipuka (vegetated area 
surrounded by bare lava flows) between 503 and 1,039 m (1,650 and 3,410 
ft). Associated native plant species include Nestegis sandwicensis, 
Wikstroemia sandwicensis (akia), Wikstroemia phillyreifolia, 
Nephrolepis spp., or Pipturus albidus (J. Giffin in litt. 2000; Service 
1998b; L. Pratt et al., pers. comm. 2001).
    The major threats to Gouania vitfolia on the island of Hawaii are 
competition with non-native plants, habitat destruction by feral pigs, 
and a threat of extinction due to randomly occurring natural events or 
reduced reproductive vigor due to the small number of extant 
individuals (Service 1998b; 59 FR 32932).
    Hedyotis cookiana (awiwi).
    Hedyotis cookiana, a member of the coffee family (Rubiaceae) and a 
short-lived perennial, is a small shrub with many branches and papery-
textured leaves which are fused at the base to form a sheath around the 
stem. This plant is distinguished from other species in the genus by 
being entirely hairless (Wagner et al. 1999).
    Little is known about the life history of Hedyotis cookiana. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995a).
    Historically, Hedyotis cookiana was known from Hawaii, Molokai, 
Oahu, and Kauai. Currently, this species is only extant on the island 
of Kauai. It was last collected on the island of Hawaii in 1816 at 
Kealakekua (HINHP Database 2000).
    Nothing is known of the preferred habitat for or species associated 
with Hedyotis cookiana on the island of Hawaii (Service 1995a).
    Threats to Hedyotis cookiana included modification of habitat by 
feral pigs, competition with non-native plant species, extinction due 
to naturally occurring events, and reduced reproductive vigor due to 
small numbers of individuals (Service 1995a).
    Hedyotis coriacea (kioele).
    Hedyotis coriacea, a member of the coffee family (Rubiaceae) and a 
short-lived perennial, is a small, erect herb with leathery, oval-
shaped leaves. Hedyotis coriacea is distinguished from other species of 
the genus by its small, triangular leaf-like appendages below the 
flower (calyx lobes), which do not enlarge in fruit, the combination of 
fruits that are longer than wide, and flower buds that are square in 
cross section (Wagner et al. 1999).
    Little is known about the life history of Hedyotis coriacea. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997a).
    Until recent rediscoveries, the latest collection of Hedyotis 
coriacea was made in 1949 on the 1859 lava flow, on the island of 
Hawaii. A single specimen was rediscovered in the Lihau section of the 
West Maui NAR, and the species conceivably could exist elsewhere on 
Maui as well. Individuals have also been rediscovered on the island of 
Hawaii on the 1859 lava flow in the Pohakuloa Training Area. Currently, 
there are a total of 11 populations containing approximately 150 
individuals all located on land under Federal jurisdiction at Pohakuloa 
Training Area (GDSI 2000; HINHP Database 2000; Shaw 1992).
    The habitat of Hedyotis coriacea on the island of Hawaii is 
geologically young (less than 3,000 years old) Mauna Loa pahoehoe lava 
with sparse Metrisuderos forest, open Metrisuderos forest with sparse 
shrub understory or open Metrisuderos forest with dense shrub 
understory at elevations of 1,506 to 1,780 m (4,940 to 5,840 ft). 
Associated native plant species include Sophora chrysophylla, Myoporum 
sandwicense, Dodonaea viscosa, Chenopodium oahuense, Styphelia 
tameiameiae, Eragrostis deflexa (NCN), Festuca hawaiiensis (NCN), or 
the endangered Portulaca sclerocarpa (poe) (Shaw 1997; HINHP Database 
2000; L. Pratt et al., pers. comm. 2001).
    On the island of Hawaii, Hedyotis coriacea has been almost 
extirpated by the combination of cattle, fires, invasion of non-native 
plant species such as Pennisetum setaceum, and feral ungulates. Other 
current threats to Hedyotis coriacea include the very small remaining 
number of individuals and the limited distribution of the species which 
make it susceptible to extinction caused by a single natural or human-
caused environmental disturbance, the limited gene pool which may 
depress reproductive vigor, fire accidentally set by hunters or 
military activities within Pohakuloa Training Area, and habitat 
disturbance caused by military exercises at Pohakuloa Training Area 
(Service 1997a).
    Hibiscus brackenridgei (mao hau hele).
    Hibiscus brackenridgei, a member of the mallow family (Malvaceae) 
and a short-lived perennial, is a sprawling to erect shrub or small 
tree. This species differs from other members of the genus in having 
the following combination of characteristics: yellow petals, a calyx 
consisting of triangular lobes with raised veins and a single midrib, 
bracts attached below the calyx, and thin stipules that fall off, 
leaving an elliptic scar. Two subspecies of Hibiscus brackenridgei are 
recognized, brackenridgei and mokuleianus. Subspecies brackenridgei is 
the only one currently or historically found on the island of Hawaii 
(HINHP Database 2000; Bates 1990).
    Hibiscus brackenridgei is known to flower continuously from early 
February through late May, and intermittently at other times of year. 
Intermittent flowering may possibly be tied to day length. Little else 
is known about the life history of this plant. Pollination biology, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Hibiscus brackenridgei ssp. brackenridgei was known historically 
from Molokai, Lanai, West Maui, and the island of Hawaii. Currently, 
Hibiscus brackenridgei ssp. brackenridgei is extant on the islands of 
Lanai, Maui, and Hawaii. On the island of Hawaii, Hibiscus 
brackenridgei ssp. brackenridgei is known from four populations 
containing a total of less than 20 individuals; one population at Puu 
Anahulu, one population at Puu Huluhulu, one population near the 
Kaupulehu Lava Flow, and one population outside Waimea town on State 
and privately owned lands (GDSI 2000; HINHP Database 2000).
    Hibiscus brackenridgei on the island of Hawaii occurs in Acacia koa 
lowland mesic forest at elevations between 457 and 793 (1,500 and 2,600 
ft). Associated native plant species include Sida fallax or Reynoldsia 
sandwicensis (HINHP Database 2000, L. Pratt et al., pers. comm. 2001).
    The primary threats to Hibiscus brackenridgei on the island of 
Hawaii are habitat degradation and possible predation by feral pigs, 
goats, sheep, cattle, or rats; competition with non-native plant 
species; road construction; fire; and susceptibility to extinction 
caused by randomly occurring natural events or reduced reproductive 
vigor due to small population size and a

[[Page 36985]]

limited number of populations (Service 1999; 59 FR 56333).
    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 a two-flowered, di- or trichotomously-branching 
(two- or three-tiered) inflorescence (O'Connor 1999).
    No life history information is available for this Ischaemum byrone 
at this time (59 FR 10305).
    Ischaemum byrone was historically distributed on Kauai, Oahu, 
Molokai, Maui, and the island of Hawaii. Currently, this species is 
found on Kauai, Molokai, Maui, and the island of Hawaii. On the island 
of Hawaii, there are a total of five populations containing 
approximately 3,000 individuals located along the eastern coast from 
Hilo to Hawaii Volcanoes National Park on private, State and federally 
owned lands. In addition, there are some outplanted individuals in 
Hawaii Volcanoes National Park (59 FR 10305; GDSI 2000; HINHP Database 
2000; L. Pratt, in litt., 2000).
    Ischaemum byrone on the island of Hawaii is found in coastal wet to 
dry shrubland, near the ocean, among rocks or on pahoehoe lava in 
cracks and holes, and elevations between sea level and 137 m (0 and 460 
ft). Associated native plant taxa include Scaevola sericea (naupaka 
kahakai), or Fimbristylis cymosa (mauu akiaki) (Service 1996a; 59 FR 
10305; HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    The threats to Ischaemum byrone on Hawaii island are competition by 
non-native grasses, predation by goats, and elimination and degradation 
of habitat through fire and residential development (59 FR 10305; 
Service 1996a).
    Isodendrion pyrifolium (wahine noho kula).
    Isodendrion pyrifolium, a short-live perennial of the violet family 
(Violaceae), is a small, branched shrub with elliptic to lance-shaped 
leaf blades. The papery-textured blade is moderately hairy beneath (at 
least on the veins) and stalked. The stalk (petiole) is subtended by 
oval, hairy, bract-like structures (stipules). Fragrant, bilaterally 
symmetrical flowers are solitary. The flower stalk (pedicel) is white-
hairy, and subtended by two bracts. Bracts arise at the tip of the main 
flower stalk (peduncle). The five sepals are lance-shaped, membranous-
edged and fringed with white hairs. Five green-yellow petals are 
somewhat unequal, and lobed, the upper being the shortest and the lower 
the longest. The fruit is a three-lobed, oval capsule, which splits to 
release olive-colored seeds. Isodendrion pyrifolium is distinguished 
from other 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 other life history 
information is currently available for this species (Service 1996a).
    Isodendrion pyrifolium is known historically from six of the 
Hawaiian Islands: Niihau, Molokai, Lanai, Oahu, Maui, and on the 
western slope of Hualalai mountain on the island of Hawaii. Currently 
on Hawaii island, one population is known from State land in Kealakehe 
homesteads with 9 individuals. In addition, seven individuals are in 
cultivation at botanical gardens (59 FR 10305; GDSI 2000; Service 
1996a; HINHP Database 2000; M. Bruegmann pers. comm. 2000).
    Isodendrion pyrifolium grows in dry forests at elevations between 
18 to 137 m (60 to 450 ft). This species was formerly associated 
predominantly with native plant taxa such as Psydrax odorata, Sida 
fallax, Myoporum sandwicense, Sophora chrysophylla, or Waltheria indica 
(uhaloa) (59 FR 10305; Service 1996a; Pratt et al., pers. comm. 2001).
    The conversion of this species' natural habitat to residential and 
recreational developments is of grave concern, as is the presence of 
the aggressive non-native Pennisetum setaceum. Drying stands of this 
and other weedy species greatly increase the fire load and fire 
potential. Competition for nutrients with non-native plant taxa such as 
Leucaena leucocephala is a threat. Numbers of individuals are not 
abundant enough to maintain reproductive vigor, thus making random 
extirpation a possibility (Service 1996a; 59 FR 10305).
    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 
and 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 1990; 59 FR 10305).
    No life history information is available for Mariscus fauriei at 
this time (Service 1996b).
    Historically and currently, Mariscus fauriei is found on east 
Molokai and on the island of Hawaii. This species is believed to be no 
longer extant on Lanai. Currently on Hawaii island, two populations 
with a total of 100 to 200 plants occur at South Point and in Kaloko on 
State and privately owned lands (59 FR 10305; HINHP Database 2000; GDSI 
2000).
    This species typically grows in Diospyros sandwicensis-Metrosideros 
polymorpha-Sapindus saponaria dominated lowland dry forests, often on a 
lava substrate, between elevations of 107 and 402 m (350 and 1,320 ft). 
Associated native plant species include Sophora chrysophylla, Myoporum 
sandwicense, Psydrax odorata, Peperomia blanda var. floribunda, 
Osteomeles anthyllidifolia, or Rauvolfia sandwicensis (59 FR 10305; 
HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    The threats to Mariscus fauriei on Hawaii island are predation and 
habitat degradation by feral goats and competition from non-native 
plant species such as Schinus terebinthifolius, Pennisetum setaceum, 
and Leucaena leucocephala. Because there are only two currently known 
populations on Hawaii island, the species is threatened by the risk of 
extinction through random environmental events and through reduced 
reproductive vigor (Service 1996a; 59 FR 10305).
    Mariscus pennatiformis (NCN).
    Mariscus pennatiformis, a short-lived perennial member of the sedge 
family (Cyperaceae), has a woody root system covered with brown scales. 
Mariscus pennatiformis is subdivided into two subspecies, ssp. bryanii 
and ssp. pennatiformis, which are distinguished by the length and width 
of the spikelets; color, length, and width of the glume; and by the 
shape and length of the achenes. This species differs from other 
members of the genus by its three-sided, slightly concave, smooth 
stems; the length and number of spikelets; the leaf width; and the 
length and diameter of stems (Koyama 1990).
    Mariscus pennatiformis is known to flower from November to December 
after heavy rainfall. Additional information on the life history of 
this plant, reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are generally unknown (Service 
1999).
    Historically, Mariscus pennatiformis was known from Kauai, Oahu, 
East

[[Page 36986]]

Maui (Keanae Valley, Hana, and Nahiku), and from Laysan in the 
Northwestern Hawaiian Islands and reported from the island of Hawaii. 
Mariscus pennatiformis ssp. pennatiformis has not been seen on the 
island of Hawaii since the middle of the last century (Wagner et al. 
1999; HINHP Database 2000; 59 FR 56333; Bruegmann, in litt., 2000).
    Nothing is known of the preferred habitat for or species associated 
with Mariscus pennatiformis on the island of Hawaii (Service 1999).
    The threats to Mariscus pennatiformis on the island of Hawaii are 
unknown.
    Phlegmariurus mannii (wawae iole).
    Phlegmariurus mannii, a member of the clubmoss family 
(Lycopodiaceae) and a short-lived perennial, is a hanging plant with 
clustered, delicate red stems and forked reproductive spikes. These 
traits distinguish it from others in the genus in Hawaii (Holub 1991).
    Little is known about the life history of Phlegmariurus mannii. 
Reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1997a).
    Historically, Phlegmariurus mannii was known from Kauai, West Maui, 
and Hawaii island (Captain Cook-Kona). Currently, this species is 
extant on Maui. The last collection of this species on the island of 
Hawaii was in 1949 from South Kona near Papaloa (HINHP Database 2000).
    Nothing is known of the preferred habitat of or species associated 
with Phlegmariurus mannii on the island of Hawaii (Service 1997a).
    This species was threatened by habitat degradation by feral pigs 
and goats and stray domestic cattle, and by non-native plants such as 
Rubus argutus (blackberry), Cyathea cooperi (Australian tree fern), or 
Psidium cattleianum. (Service 1997a).
    Phyllostegia parviflora (NCN).
    Phyllostegia parviflora, a member of the mint family (Lamiaceae), 
is a short-lived perennial herb. The leaves are egg-shaped and 
wrinkled. The species is distinguished from others of the genus by the 
leaf shape and length of the leaf stalk and lower corolla lip. 
Phyllostegia parviflora var. glabriuscula has fewer glandular hairs in 
the inflorescence, less pubescent (hairy) leaves, and usually 
unbranched inflorescences, as compared to P. parviflora var. 
parviflora. A recently discovered, unnamed variety of Phyllostegia 
parviflora has shorter leaf stalks, spreading hairs on the leaf stalks, 
and fewer gland-tipped hairs in the inflorescence (Wagner et al. 1990).
    Nothing is known of the preferred habitat of or species associated 
with Phyllostegia parviflora on the island of Hawaii (Service 1996a).
    Historically Phyllostegia parviflora was known from three islands: 
Oahu, Maui, and the island of Hawaii. This species is now known only 
from two populations on Oahu. Phyllostegia parviflora has not been 
observed on the island of Hawaii since the 1800s (61 FR 53108; HINHP 
Database 2000; GDSI 2000).
    Nothing is known of the preferred habitat of or species associated 
with Phyllostegia parviflora on the island of Hawaii (Service 1999).
    Threats to Phyllostegia parviflora include habitat degradation or 
destruction by feral pigs, competition with non-native plant species, 
risk of extinction from naturally occurring events, and/or reduced 
reproductive vigor due to the small number of remaining individuals 
(Service1999).
    Plantago princeps (laukahi kuahiwi).
    Plantago princeps, a member of the plantain family 
(Plantaginaceae), is a small shrub or robust, short-lived perennial 
herb. Its erect or ascending stems are hollow, about 2 to 250 
centimeters (1 to 100 inches) long, and often branched with internodes 
that are more or less woolly with reddish brown hairs when young. The 
oblong to elliptic, thick, leathery leaves are tufted near the ends of 
the stems. The leaves have smooth or minutely-toothed margins, a 
pointed tip, and primary veins that converge at the base of the leaves. 
Numerous stalkless flowers are densely arranged in a cluster, with each 
cluster on a stalk. Each flower spreads at an angle of nearly 90 
degrees to the axis of the stalk, or grows upright. The sepals are 
somewhat distinct and elliptic in shape. The fruits are capsules, which 
contain three or four tiny black seeds. The surface of the seed is 
covered with a sticky membrane. This species differs from other native 
members of the genus 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 (59 FR 56333).
    Plantago princeps was historically found on Kauai, Oahu, Molokai, 
Maui, and the island of Hawaii. It has not been seen on the island of 
Hawaii since the 1860s (59 FR 56333; HINHP Database 2000).
    Nothing is known of the preferred habitat of or species associated 
with Plantago princeps on the island of Hawaii.
    Threats to Plantago princeps included habitat degradation by feral 
pigs and goats and competition with non-native plant species (Service 
1999)
    Portulaca sclerocarpa (poe).
    Portulaca sclerocarpa, a short-lived perennial member of the 
portulaca family (Portulacaceae), has a fleshy, tuberous taproot that 
becomes woody with maturity. Leaves are narrowly oblance-shaped to 
linear (strap-like), almost round in cross-section, succulent, gray-
green, and stalkless. Dense tufts of yellow-brown hairs occur in the 
axil between stem and leaf. Three to six flowers occur at the end of 
the stem and form a dense white or pink flower cluster. Portulaca 
sclerocarpa is distinguished from other species of the genus in Hawaii 
by its woody taproot, narrow leaves, petal color, seed color (dark, 
reddish-brown), and thick-walled fruit (Wagner et al. 1999).
    Little is known of the life history of Portulaca sclerocarpa.This 
species was observed in flower in March, June, and December. The 
presence of juveniles indicate that pollination and germination are 
occurring (Service 1996a).
    Historically, Portulaca sclerocarpa was known from the islands of 
Lanai and the island of Hawaii. Populations were found on an islet off 
of the south coast of Lanai, and the Kohala mountains, the northern 
slopes of Hualalai, the northwestern slopes of Mauna Loa, and near 
Kilauea Crater on Hawaii island. One extant population is known to 
occur off the coast of Lanai on Poopoo Islet. Nineteen extant 
populations with approximately 1,000 individuals are known to occur on 
Federal, State, and private lands on Hawaii island. One population 
occurs at Puupa on private land; two at Nohona O Hae on private land; 
nine at Puu Anahulu on private, State and Federal lands (Pohakuloa 
Training Area); three populations on private land at Keauhou; and four 
populations on Federal land at Hawaii Volcanoes National Park (59 FR 
10305; GDSI 2000; HINHP Database 2000; Service 1996a).
    Portulaca sclerocarpa grows on weathered Mauna Kea soils, cinder 
cones, or geologically young lavas in montane dry shrubland. The 
species often is found on bare cinder, near

[[Page 36987]]

steam vents, and in open Metrosideros polymorpha dominated woodlands, 
at elevations between 351 and 2,274 m (1,150 to 7,460 ft). Associated 
native plant taxa are Sophora chrysophylla, Wollastonia venosa, or 
Dodonaea viscosa (59 FR 10305; HINHP Database 2000; Service 1996a; L. 
Pratt et al., pers. comm. 2001).
    A major threat to Portulaca sclerocarpa is competition from non-
native grasses such as Pennisetum setaceum and Andropogon virginicus. 
Although no browsing has been observed, goats, pigs and sheep trample 
and disturb the habitat, damaging the understory and providing suitable 
sites for non-native plant invaders. Fire is also a pervasive problem 
in such dry habitat. The unknown reason for the decrease in numbers 
from 4,300 in 1983 to 970 in 1994 in the Puhimau geothermal (fumarole) 
area within Hawaii Volcanoes National Park is of concern. Small numbers 
of populations and individuals, and their scattered distribution, 
decrease reproductive viability and increase vulnerability to random 
events (59 FR 10305; Service 1996a; HINHP Database 2000).
    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 
1999).
    Currently, Sesbania tomentosa occurs on at least six of the eight 
main Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and the 
island of Hawaii) and in the Northwestern Hawaiian Islands (Nihoa and 
Necker). It is no longer extant on Niihau and Lanai. On the island of 
Hawaii, Sesbania tomentosa is known from 11 populations with less than 
500 individuals. Two populations occur at South Point on Federal 
(Government Services Administration) and State lands; one population at 
Hapuna Bay and another at Mahaiula Bay on State lands, and the 
remaining seven populations occur on Federal land at Hawaii Volcanoes 
National Park (59 FR 56333; Service 1999; HINHP Database 2000; GDSI 
2000).
    Sesbania tomentosa is found in open, dry Metrosideros polymorpha 
forest with mixed native grasses, Scaevola sericea coastal dry 
shrubland on windswept slopes, and weathered basaltic slopes between 
sea level and 954 m (0 and 3,130 ft) elevation. Associated native plant 
plant species include Sporobolus virginicus (akiaki), Styphelia 
tameiameiae, Wollastonia integrifolia (nehe), Jacquemontia san 
dwicensis (pauohiiaka), Sida fallax, Ipomoea pes-caprae (pohuehue), 
Dodonaea viscosa, Fimbristylis hawaiiensis, Myoporum sandwicense, or 
Waltheria indica (59 FR 56333; HINHP Database 2000; Service 1999; L. 
Pratt et al., pers. comm. 2001).
    The primary threats to Sesbania tomentosa on the island of Hawaii 
are competition with various non-native plant species such as Cynodon 
dactylon (Bermuda grass), Chloris barbata (swollen finger grass), 
Bothriochloa pertusa (pitted beardgrass), Cenchrus ciliaris 
(buffelgrass), Portulaca pilosa (pigweed), Desmodium triflorum (tick 
clover), or Lantana camara; fire; 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 and development) (HINHP Database 2000; 59 FR 56333; 
Service 1999).
    Silene lanceolata (NCN).
    Silene lanceolata, a member of the pink family (Caryophyllaceae), 
is an upright, short-lived perennial plant with stems 15 to 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 by its smaller flowers and 
capsules and its stamens, which are shorter than the sepals (Wagner et 
al. 1999).
    No life history information is available for Silene lanceolata at 
this time (57 FR 46325; Service 1996b).
    The historical range of Silene lanceolata includes five Hawaiian 
Islands: Kauai, Oahu, Molokai, Lanai, and the island of Hawaii. Silene 
lanceolata is presently extant on the islands of Molokai, Oahu, and the 
island of Hawaii. On the island of Hawaii, 10 populations with a total 
of approximately 2,500 individuals are known from land under Federal 
jurisdiction at Pohakuloa Training Area. In addition, individuals are 
in cultivation at the Army's greenhouse at Pohakuloa Training Area (57 
FR 46325; GDSI 2000; USAG-HI 2000b; Service 1996a).
    On the island of Hawaii, this species grows on rocky tumuli or 
outcrops, on aa lava, in deep ash deposits over pahoehoe lava, and in 
Mauna Kea substrate in dry montane shrubland at elevations between 
1,253 and 1,320 m (4,110 and 4,330 ft). Associated native plant species 
include, Eragrostis sp. (lovegrass), Metrosideros polymorpha, 
Chamaesyce sp. (akoko), Myoporum sandwicense, Sophora chrysophylla, 
Chenopodium oahuense, Dodonaea viscosa, Styphelia tameiameiae, or 
Dubautia linearis (57 FR 46325; HINHP Database 2000; Service 1996b; L. 
Pratt et al., pers. comm. 2001).
    Habitat destruction by feral ungulates (goats, mouflon sheep, and 
pigs), fires, competition by invading non-native plants such as 
Pennisetum setaceum, and military activity are immediate threats to 
Silene lanceolata on the island of Hawaii (57 FR 46325; Service 1996b).
    Solanum incompletum (popolo ku mai).
    Solanum incompletum, a short-lived perennial member of the 
nightshade family (Solanaceae), is a woody shrub. Its stems and lower 
leaf surfaces are covered with prominent reddish prickles or sometimes 
with yellow fuzzy hairs on young plant parts and lower leaf surfaces. 
The oval to elliptic leaves have prominent veins on the lower surface 
and lobed leaf margins. Numerous flowers grow in loose branching 
clusters with each flower on a stalk. This species differs from other 
native members of the genus by being generally prickly and having 
loosely clustered white flowers, curved anthers about 2 mm (0.08 in) 
long, and berries 1 to 2 cm (0.4 to 0.8 in) in diameter (Symon 1999).
    No life history information is available for Solanum incompletum at 
this time (59 FR 56333).

[[Page 36988]]

    Historically, Solanum incompletum was known from central and 
northeastern Lanai, scattered locations on Maui, and the Kohala 
Mountains, Kona, Puu Waawaa, Puu Ikaaka Crater, Kanehaha, Puu Huluhulu, 
and Omaokaili on 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 one population of 35 individuals, recently discovered on the 
Army's Pohakuloa Training Area on the island of Hawaii. In addition, 
nine individuals are currently in cultivation in the greenhouse at 
Pohakuloa Training Area (59 FR 56333; HINHP Database 2000; Service 
1999; GDSI 2000; USAG-HI 2000b).
    Solanum incompletum grows in dry to mesic forest, diverse mesic 
forest, and subalpine forest between elevations of 1,192 and 2,259 m 
(3,910 and 7,410 ft) and is associated with Myoporum sandwicense, 
Myrsine lanaiensis, or Sophora chrysophylla (59 FR 56333; Service 1999; 
L. Pratt et al., pers. comm. 2001).
    The primary threats to the few remaining individuals of Solanum 
incompletum are habitat degradation by feral sheep and mouflon, 
competition with various non-native plants, random naturally-occurring 
mass mortality events, and reduced reproductive vigor due to the 
extremely small number of existing plants. Solanum incompletum is 
potentially threatened by military activities and fire resulting from 
these activities at the Pohakuloa Training Area (59 FR 56333; Service 
1999; HINHP Database 2000).
    Spermolepis hawaiiensis (NCN).
    Spermolepis hawaiiensis, an annual member of the parsley family 
(Apiaceae), is a slender herb with few branches. Its leaves, dissected 
into narrow, lance-shaped divisions, are oblong to somewhat oval in 
outline and grow on stalks. Flowers are arranged in a loose, compound, 
umbrella-shaped inflorescence arising from the stem, opposite the 
leaves. Spermolepis hawaiiensis is the only member of the genus native 
to Hawaii. It is distinguished from other native members of the family 
by being a non-succulent annual with an umbrella-shaped inflorescence 
(Constance and Affolter 1999).
    Little is known about the life history of Spermolepis hawaiiensis. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (59 FR 56333; Service 1999).
    Historically, Spermolepis hawaiiensis was known from Kauai, Oahu, 
Molokai, Maui, Lanai and the island of Hawaii (HINHP Database 2000). 
Currently, it is extant on Kauai, Oahu, Molokai, Lanai, Maui, and the 
island of Hawaii. On the island of Hawaii, there are approximately four 
known populations with between 5,000 and 10,000 individuals on land 
under Federal jurisdiction at Pohakuloa Training Area and State land at 
Puuanahulu (59 FR 56333; HINHP Database 2000; GDSI 2000; Service 1999).
    Spermolepis hawaiiensis is known from shady spots in Dodonaea 
viscosa lowland dry shrubland, on pahoehoe lava at elevations between 
1,134 and 2,140 m (3,720 and 7,020 ft). Associated native plant species 
include Myoporum sandwicense, Osteomeles anthyllidifolia, or Sophora 
chrysophylla (59 FR 56333; HINHP Database 2000; Service 1999; L. Pratt 
et al., pers. comm. 2001).
    The primary threats to Spermolepis hawaiiensis on the island of 
Hawaii are habitat degradation by feral goats, pigs and sheep; 
competition with various non-native plants such as Melinis minutiflora 
(molasses grass) and other grasses; military impacts; and habitat 
destruction and extinction due to natural environmental events such as 
erosion, landslides, and rock slides due to natural weathering (59 FR 
56333; Service 1999).
    Tetramolopium arenarium (NCN).
    Tetramolopium arenarium is a short-lived perennial and an upright, 
branched shrub in the sunflower family (Asteraceae). Alternate leaves 
are lance-shaped, hairy, glandular, and gray-green. This species is 
separated from other taxa of the genus in the Hawaiian Islands by 
several characters: upright habit; number of heads per flower cluster 
(5 to 11); presence and type of glands and hairs; size of male ray 
flowers (1.3 to 2.2 mm (.05 to .09 in); number of bisexual disk flowers 
(5 to 9) and their maroon color; and a wide, 2-to 4-nerved fruit with 
white hairs at the tip. Three infra-specific taxa are recognized: 
Tetramolopium arenarium ssp. arenarium var. arenarium (Maui and 
Hawaii), T. arenarium ssp. arenarium var. confertum (Hawaii), and T. 
arenarium ssp. laxum (Maui). These taxa are distinguished one from the 
other by a combination of characters. T. arenarium ssp. arenarium var. 
confertum and T. arenarium ssp. laxum have not been seen the late 1800s 
(Lowrey 1999).
    No life history information is available for Tetramolopium 
arenarium at this time (59 FR 10305).
    Tetramolopium arenarium was historically known from the islands of 
Maui and Hawaii. Individuals were found on the western slope of 
Haleakala, Maui, and on the Kohala mountains, the northwestern slopes 
of Mauna Kea, Mauna Loa, and Hualalai, Hawaii. The taxon was considered 
extinct until Tetramolopium arenarium ssp. arenarium var. arenarium was 
recently rediscovered in Kipuka Kalawamauna at Pohakuloa Training Area. 
Two populations with approximately 400 individuals of Tetramolopium 
arenarium ssp. arenarium var. arenarium are currently extant. In 
addition, five individuals are in cultivation in the greenhouse at 
Pohakuloa Training Area (59 FR 10305; HINHP Database 2000; Service 
1996a; GDSI 2000; USAG-HI 2000b).
    The habitat of Tetramolopium arenarium on island of Hawaii is 
lowland and montane dry shrublands dominated by Dodonaea viscosa, at 
elevations between 1,363 and 1,762 m (4,470 and 5,780 ft). Associated 
native plant taxa are Styphelia tameiameiae, Dubautia linearis, 
Chamaesyce olowaluana (akoko), Sida fallax, Chenopodium oahuense or the 
endangered Haplostachys haplostachya (honohono) (59 FR 10305; Service 
1996a; HINHP Database 2000; L. Pratt et al., pers. comm. 2001).
    Feral goats, sheep, and pigs have caused habitat destruction by 
browsing, trampling, and rooting. All known populations are transected 
by feral animal trails. Habitat decimation has resulted in 
opportunities for invasions by non-native plant taxa, particularly 
Pennisetum setaceum. The occurrence of Pennisetum setaceum increases 
the probability and intensity of fire. Military activity may threaten 
the species. The small number of extant individuals and the restricted 
distribution of this taxon make it extremely vulnerable to random 
events and/or reduction of reproductive vigor (59 FR 10305; Service 
1996a; HINHP Database 2000).
    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

[[Page 36989]]

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).
    Information on the life history of this plant, reproductive cycles, 
longevity, specific environmental requirements, and limiting factors is 
unknown (Service 1999).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, Maui, 
Molokai, Lanai, Kahoolawe, and the island of Hawaii. Currently, Vigna 
o-wahuensis is known from the islands of Molokai, Lanai, Kahoolawe, 
Maui, and island of Hawaii. There are no currently known populations on 
Niihau or Oahu. On the island of Hawaii, one population with 10 
individuals occurs on privately owned land at Nohona O Hae (59 FR 
56333; HINHP Database 2000; GDSI 2000).
    On the island of Hawaii, Vigna o-wahuensis occurs in Dodonaea 
viscosa lowland dry shrubland at elevations between 351 and 2,274 m 
(1,150 to 7,460 ft). Associated native plant species include 
Chenopodium oahuense, Dodonaea viscosa, Osteomeles anthyllidifolia, 
Wikstroemia sp., (akia) or Sida fallax (59 FR 56333; HINHP Database 
2000; Service 1999).
    The primary threats to Vigna o-wahuensis on Hawaii island are 
competition with various non-native plant species, 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 1999; 59 FR 56333).
    Zanthoxylum hawaiiense (ae).
    Zanthoxylum hawaiiense, a long-lived perennial in the rue family 
(Rutaceae), is a medium-size tree with pale to dark gray bark, and 
lemon-scented leaves. Alternate leaves are composed of three small 
triangular-oval to lance-shaped, toothed 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-shaped 
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 (59 FR 10305; Service 
1996a).
    Historically, Zanthoxylum hawaiiense was known from the islands of 
Kauai, Molokai, Lanai, the southern and southwestern slopes of 
Haleakala on Maui, and the island of Hawaii. Currently, Zanthoxylum 
hawaiiense is extant on Kauai, Molokai, Maui, and the island of Hawaii. 
On the island of Hawaii, the four extant populations with less than 250 
individuals are located on State lands and on lands under Federal 
jurisdiction at Pohakuloa Training Area (59 FR 10305; HINHP Database 
2000; GDSI 2000).
    On the island of Hawaii, Zanthoxylum hawaiiense is found in 
Metrosideros polymorpha dry forest with Dodonaea viscosa or Myoporum 
sandwicense, or with Dubautia linearis in open Myoporum-Dodonaea 
shrubland on rough aa lava at elevations between 1,204 and 1,756 m 
(3,950 and 5,760 ft) (HINHP Database 2000; 59 FR 10305; L. Pratt et 
al., pers. comm. 2001).
    The threats to Zanthoxylum hawaiiense on the island of Hawaii 
include browsing, grazing, and trampling by feral goats, pigs and 
sheep; competition with non-native plant species; habitat degradation 
and destruction by humans, including military impacts; and extinction 
from naturally occurring events (primarily fire) and/or from reduced 
reproductive vigor due to the small number of individuals and 
populations (59 FR 10305; Service 1996a).
    A summary of populations and landownership for the 58 plant species 
on the island of Hawaii is given in Table 3.

  Table 3.--Summary of Populations Occurring on the Island of Hawaii, and Landownership for 58 Species Reported
                                            From the Island of Hawaii
----------------------------------------------------------------------------------------------------------------
                                                                               Landownership/Jurisdiction
                 Species                        Number of current      -----------------------------------------
                                                   populations             Federal        State        Private
----------------------------------------------------------------------------------------------------------------
Achyranthes mutica......................  1...........................  ............  ............            X
Adenophorus periens.....................  13..........................         X\1\             X             X
Argyroxiphium kauense...................  3...........................         X\1\             X             X
Asplenium fragile var. insulare.........  17..........................     X\1\ \2\             X             X
Bonamia menziesii.......................  1...........................  ............  ............            X
Cenchrus agrimonioides..................  0...........................
Clermontia drepanomorpha................  1...........................  ............            X             X
Clermontia lindseyana...................  17..........................         X\3\             X
Clermontia peleana......................  0...........................
Clermontia pyrularia....................  1...........................         X\1\             X
Colubrina oppositifolia.................  8...........................  ............            X             X
Cyanea copelandii ssp. copelandii.......  0...........................
Ctenitis squamigera.....................  0...........................
Cyanea hamatiflora ssp. carlsonii.......  3...........................         X\3\             X
Cyanea platyphylla......................  9...........................  ............            X             X
Cyanea shipmanii........................  5...........................         X\3\             X             X
Cyanea stictophylla.....................  5...........................  ............            X             X
Cyrtandra giffardii.....................  7...........................         X\1\             X             X
Cyrtandra tintinnabula..................  6...........................  ............            X             X
Delissea undulata.......................  1...........................  ............            X
Diellia erecta..........................  3...........................  ............            X
Flueggea neowawraea.....................  4...........................  ............            X             X
Gouania vitifolia.......................  1...........................  ............            X
Hedyotis cookiana.......................  0...........................
Hedyotis coriacea.......................  11..........................         X\2\
Hibiscadelphus giffardianus.............  1 (planted).................         X\1\
Hibiscadelphus hualalaiensis............  2 (planted).................  ............            X
Hibiscus brackenridgei..................  4...........................  ............            X             X
Ischaemum byrone........................  5...........................         X\1\             X             X

[[Page 36990]]

 
Isodendrion hosakae.....................  3...........................  ............  ............            X
Isodendrion pyrifolium..................  1...........................  ............            X
Mariscus fauriei........................  2...........................  ............            X             X
Mariscus pennatiformis..................  0...........................
Melicope zahlbruckneri..................  2...........................         X\1\             X
Neraudia ovata..........................  3...........................     X\1\ \2\             X             X
Nothocestrum breviflorum................  10..........................     X\1\ \3\             X             X
Ochrosia kilaueaensis...................  0...........................
Phlegmariurus mannii....................  0...........................
Phyllostegia parviflora.................  0...........................
Phyllostegia racemosa...................  7...........................     X\1\ \3\             X             X
Phyllostegia velutina...................  5...........................         X\3\             X             X
Phyllostegia warshaueri.................  7...........................  ............            X             X
Plantago hawaiensis.....................  8...........................         X\1\             X
Plantago princeps.......................  0...........................
Pleomele hawaiiensis....................  8...........................         X\1\             X             X
Portulaca sclerocarpa...................  19..........................     X\1\ \2\             X             X
Pritchardia affinis.....................  unknown.....................
Pritchardia schattaueri.................  1...........................  ............  ............            X
Sesbania tomentosa......................  11..........................     X\1\ \4\             X
Sicyos alba.............................  4...........................         X\1\             X
Silene hawaiiensis......................  23..........................     X\1\ \2\             X             X
Silene lanceolata.......................  10..........................         X\2\
Solanum incompletum.....................  1...........................         X\2\
Spermolepis hawaiiensis.................  4...........................     X\1\ \2\             X
Tetramolopium arenarium.................  2...........................         X\2\
Vigna o-wahuensis.......................  1...........................  ............  ............            X
Zanthoxylum dipetalum var. tomentosum...  1...........................  ............            X
Zanthoxylum hawaiiense..................  4...........................         X\2\            X
----------------------------------------------------------------------------------------------------------------
\1\ Hawaii Volcanoes National Park.
\2\ Pohakuloa Training Area.
\3\ Hakalau Forest National Wildlife Refuge.
\4\ Government Services Administration.

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, Argyroxiphium kauense, Bonamia 
menziesii, Clermontia drepanomorpha, Clermontia lindseyana, Colubrina 
oppositifolia, Cyanea hamatiflora ssp. carlsonii (as Cyanea carlsonii), 
Cyanea platyphylla (as Cyanea bryanii), Cyanea shipmanii, Flueggea 
neowawraea (as Drypetes phyllanthoides), Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei (as Hibiscus 
brackenridgei var. brackenridgei, var. mokuleianus, and var. ``from 
Hawaii''), Ischaemum byrone, Melicope zahlbruckneri (as Pelea 
zahlbruckneri), Neraudia ovata, Nothocestrum breviflorum (as 
Nothocestrum breviflorum var. breviflorum), Portulaca sclerocarpa, 
Sesbania tomentosa (as Sesbania hobdyi and Sesbania tomentosa var. 
tomentosa), Silene lanceolata, Solanum incompletum (as Solanum 
haleakalense and Solanum incompletum var. glabratum, var. incompletum, 
and var. mauiensis), Vigna o-wahuensis (as Vigna sandwicensis var. 
heterophylla and var. sandwicensis), and Zanthoxylum hawaiiense (as 
Zanthoxylum hawaiiense var. citriodora) were considered endangered; 
Cyrtandra giffardii, Diellia erecta, Silene hawaiiensis (as Silene 
hawaiiensis var. hawaiiensis), Zanthoxylum dipetalum var. tomentosum, 
and Zanthoxylum hawaiiense (as Zanthoxylum hawaiiense var. hawaiiense 
and var. velutinosum) were considered threatened; and, Asplenium 
fragile var. insulare (as Asplenium fragile), Clermontia pyrularia, 
Delissea undulata (as Delissea undulata var. argutidentata and var. 
undulata), Gouania vitifolia, Hedyotis coriacea, Isodendrion hosakae, 
Isodendrion pyrifolium, Nothocestrum breviflorum (as Nothocestrum 
breviflorum var. longipes), and Tetramolopium arenarium (as 
Tetramolopium arenarium var. arenarium, var. confertum, and var. 
dentatum) were considered to be extinct. On July 1, 1975, we published 
a notice in the Federal Register (40 FR 27823) of our acceptance of the 
Smithsonian report as a petition within the context of Section 4(c)(2) 
(now Section 4(b)(3)) of the Act, and gave notice of our intention to 
review the status of the plant taxa named therein. As a result of that 
review, on June 16, 1976, we published a proposed rule in the Federal 
Register (41 FR 24523) to determine endangered status pursuant to 
Section 4 of the Act for approximately 1,700 vascular plant taxa, 
including all of the above taxa except for Cyrtandra giffardii and 
Silene hawaiiensis. The list of 1,700 plant taxa was assembled on the 
basis of comments and data received by the Smithsonian Institution and 
the Service in response to House Document No. 94-51 and the July 1, 
1975, Federal Register publication.
    General comments received in response to the 1976 proposal are 
summarized in an April 26, 1978, Federal Register publication (43 FR

[[Page 36991]]

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 58 plant species in the 1980 through1996 
notices of review can be found in Table 4(a). We listed the 58 species 
as endangered or threatened between 1991 and 1996. A summary of the 
listing actions can be found in Table 4(b).

             Table 4(a).--Summary of Candidacy Status for 58 Plant Species From the Island of Hawaii
----------------------------------------------------------------------------------------------------------------
                                                           Federal Register Notice of Review
               Species               ---------------------------------------------------------------------------
                                             1980               1985               1990               1993
----------------------------------------------------------------------------------------------------------------
Achyranthes mutica..................  .................  .................  .................  .................
Adenophorus periens.................  C1...............  C1...............  C1...............  .................
Argyroxiphium kauense...............  C1...............  C1...............  C1...............  .................
Asplenium fragile var. insulare.....  C1*..............  C1*..............  C1...............  .................
Bonamia menziesii...................  C1...............  C1...............  C1...............  .................
Cenchrus agrimonioides..............  .................  .................  .................  .................
Clermontia drepanomorpha............  C1...............  C1...............  C1...............  C2
Clermontia lindseyana...............  C1...............  C1...............  C1...............  .................
Clermontia peleana..................  3C...............  3C...............  C1...............  .................
Clermontia pyrularia................  C1...............  C1...............  C1...............  .................
Colubrina oppositifolia.............  C1...............  C1...............  C1...............  .................
Cyanea copelandii ssp. copelandii...  .................  .................  C1...............  .................
Cyanea hamatiflora ssp. carlsonii...  C1...............  C1...............  C1...............  .................
Cyanea platyphylla..................  C1...............  C1...............  C1...............  .................
Cyanea shipmanii....................  C1...............  C1...............  C1...............  .................
Cyanea stictophylla.................  C1...............  C1...............  C1...............  .................
Cyrtandra giffardii.................  C2...............  C2...............  C1...............  .................
Cyrtandra tintinnabula..............  .................  .................  C1...............  .................
Delissea undulata...................  C1...............  C1*..............  C1*..............  C2*
Diellia erecta......................  C1...............  C1...............  C1...............  .................
Flueggea neowawraea.................  C1...............  C1...............  C1...............  .................
Gouania vitifolia...................  C1*..............  C1*..............  C1*..............  .................
Hedyotis cookiana...................  3A...............  3A...............  C1...............  .................
Hedyotis coriacea...................  C1...............  C1...............  C1...............  .................
Hibiscadelphus giffardianus.........  C1...............  C1...............  C1...............  C1
Hibiscadelphus hualalaiensis........  C1...............  C1...............  C1...............  C1
Hibiscus brackenridgei..............  C1...............  C1...............  C1...............  .................
Ischaemum byrone....................  C1...............  C1...............  C1...............  .................
Isodendrion hosakae.................  C1...............  .................  .................  .................
Isodendrion pyrifolium..............  C1*..............  C1*..............  3A...............  .................
Mariscus fauriei....................  .................  .................  C1...............  .................
Mariscus pennatiformis..............  .................  C1...............  C1...............  .................
Melicope zahlbruckneri..............  .................  C1...............  C2...............  C2
Neraudia ovata......................  C1...............  C1...............  C1...............  C2
Nothocestrum breviflorum............  C1...............  C1...............  C1...............  .................
Ochrosia kilaueaensis...............  .................  C2...............  C1...............  .................
Phlegmariurus mannii................  C1...............  C1...............  C1...............  .................
Phyllostegia parviflora.............  .................  .................  .................  .................
Phyllostegia racemosa...............  .................  .................  C2...............  C2
Phyllostegia velutina...............  .................  .................  C2...............  C2
Phyllostegia warshaueri.............  .................  .................  C2...............  C2
Plantago hawaiensis.................  .................  .................  C1...............  .................
Plantago princeps...................  C2...............  C2...............  C1...............  .................
Pleomele hawaiiensis................  C1...............  C1...............  C1...............  C2
Portulaca sclerocarpa...............  C1...............  C1...............  C1...............  .................
Pritchardia affinis.................  .................  .................  C1...............  .................
Pritchardia schattaueri.............  .................  C2...............  C2...............  C2
Sesbania tomentosa..................  C1*..............  C1*..............  C1...............  .................
Sicyos alba.........................  .................  .................  C2...............  C2
Silene hawaiiensis..................  C1...............  C1...............  C1...............  .................
Silene lanceolata...................  C1...............  C1...............  C1...............  .................
Solanum incompletum.................  C1*..............  C1*..............  C1...............  .................
Spermolepis hawaiiensis.............  .................  .................  C1...............  .................
Tetramolopium arenarium.............  C1*..............  C1*..............  3A...............  .................
Vigna o-wahuensis...................  C1...............  C1...............  C1...............  .................
Zanthoxylum dipetalum var.            .................  .................  C2...............  C2
 tomentosum.
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.

[[Page 36992]]

 
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 of known vulnerable status in the recent past that may already have become 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 previously believed and/or those that are not
  subject to any identifiable threat.
Federal Register Notice of Review
1980: 45 FR 82479 1990: 55 FR 6183 1996: 61 FR 7596
1985: 50 FR 39525 1993: 58 FR 51144


                                 Table 4(b).--Summary of Listing Actions for 58 Plant Species From the Island of Hawaii
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Proposed Rule                        Final Rule                  Prudency determination and
                                   Federal   ------------------------------------------------------------------------      proposed critical habitat
            Species                status                                                                            -----------------------------------
                                                    Date        Federal Register        Date        Federal Register        Date        Federal Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Achyranthes mutica............  E...........  10/02/1995......  60 FR 51417.....  10/10/1996......  61 FR 53108.....  11/07/2000......  65 FR 66808.
Adenophorus periens...........  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 12/   65 FR 66808, 65
                                                                                                                       18/2000, 12/29/   FR 82086, 66 FR
                                                                                                                       2000.             83157.
Argyroxiphium kauense.........  E...........  08/06/1990......  55 FR 31860.....  04/07/1993......  58 FR 18029.....  ................  ................
Asplenium fragile var.          E...........  06/24/1993......  58 FR 34231.....  09/09/1994......  59 FR 49025.....  12/18/2000......  65 FR 79192.
 insulare.
Bonamia menziesii.............  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 12/   65 FR 66808 65
                                                                                                                       18/2000, 12/27/   FR 79192, 65 FR
                                                                                                                       2000.             82086.
Cenchrus agrimonioides........  E...........  10/02/1995......  60 FR 51417.....  10/10/1996......  61 FR 53108.....  12/18/2000......  65 FR 79192.
Clermontia drepanomorpha......  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Clermontia lindseyana.........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/18/2000......  65 FR 79192.
Clermontia peleana............  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/18/2000......  65 FR 79192.
Clermontia pyrularia..........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Colubrina oppositifolia.......  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/18/2000......  65 FR 79192.
Ctenitis squamigera...........  E...........  06/24/1993......  58 FR 34231.....  09/09/1994......  59 FR 49025.....  12/18/2000, 12/   65 FR 79192, 65
                                                                                                                       27/2000, 12/29/   FR 82086, 66 FR
                                                                                                                       2000, 1/28/2002.  83157, 67 FR
                                                                                                                                         3940.
Cyanea copelandii ssp           E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
 copelandii.
Cyanea hamatiflora ssp.         E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
 carlsonii.
Cyanea platyphylla............  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Cyanea shipmanii..............  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Cyanea stictophylla...........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Cyrtandra giffardii...........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Cyrtandra tintinnabula........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Delissea undulata.............  E...........  06/27/1994......  59 FR 32946.....  10/10/1996......  61 FR 53124.....  11/07/2000......  65 FR 66808.
Diellia erecta................  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  12/18/2000, 12/   65 FR 79192, 65
                                                                                                                       29/2000, 1/28/    FR 83158, 67 FR
                                                                                                                       2002.             3940.
Flueggea neowawraea...........  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 12/   65 FR 66808, 65
                                                                                                                       18/2000.          FR 79192.
Gouania vitifolia.............  E...........  12/14/1992......  57 FR 39066.....  06/27/1994......  59 FR 32932.....  ................  ................
Hedyotis cookiana.............  E...........  10/30/1991......  56 FR 5562......  02/25/1994......  59 FR 09304.....  11/07/2000......  65 FR 66808.
Hedyotis coriacea.............  E...........  05/24/1991......  56 FR 23842.....  05/15/1992......  57 FR 20787.....  12/18/2000......  65 FR 79192.
Hibiscadelphus giffardianus...  E...........  09/25/1995......  60 FR 4937......  10/10/1996......  61 FR 53137.....  ................  ................
Hibiscadelphus hualalaiensis..  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Hibiscus brackenridgei........  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  12/18/2000, 12/   65 FR 79192, 65
                                                                                                                       27/2000, 1/28/    FR 82086, 67 FR
                                                                                                                       2002.             3940.
Ischaemum byrone..............  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/18/2000, 12/    65 FR 79192, 65
                                                                                                                       29/2000, 1/28/    FR 83158, 67 FR
                                                                                                                       2002.             3940.
Isodendrion hosakae...........  E...........  10/10/1989......  54 FR 41470.....  01/14/1991......  56 FR 1457......  ................  ................
Isodendrion pyrifolium........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Mariscus fauriei..............  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/29/2000......  65 FR 83158.
Mariscus pennatiformis........  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  12/18/2000, 1/28/ 65 FR 79192, 67
                                                                                                                       2002.             FR 3940.
Melicope zahlbruckneri........  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Neraudia ovata................  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Nothocestrum breviflorum......  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................

[[Page 36993]]

 
Ochrosia kilaueaensis.........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Phlegmariurus mannii..........  E...........  5/24/1991.......  56 FR 23842.....  5/15/1992.......  57 FR20772......  12/18/2000, 1/28/ 65 FR 79192, 67
                                                                                                                       2002.             FR 3940.
Phyllostegia parviflora.......  E...........  10/02/1995......  60 FR 51417.....  10/10/1996......  61 FR 53108.....  ................  ................
Phyllostegia racemosa.........  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Phyllostegia velutina.........  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Phyllostegia warshaueri.......  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Plantago hawaiensis...........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Plantago princeps.............  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 12/   65 FR 66808, 65
                                                                                                                       18/2000.          FR 79192.
Pleomele hawaiiensis..........  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Portulaca sclerocarpa.........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  12/27/2000......  65 FR 82086.
Pritchardia affinis...........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10324.....  ................  ................
Pritchardia schattaueri.......  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Sesbania tomentosa............  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 12/   65 FR 66808, 65
                                                                                                                       18/2000, 12/29/   FR 79192, 65 FR
                                                                                                                       2000.             83158.
Sicyos alba...................  E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
Silene hawaiiensis............  T...........  12/17/1992......  57 FR 59951.....  03/04/1994......  ................  ................  59 FR 10305
Silene lanceolata.............  E...........  09/20/1991......  56 FR 47718.....  10/08/1992......  57 FR 46325.....  12/29/2000, 1/28/ 65 FR 83158, 67
                                                                                                                       2002.             FR 3940.
Solanum incompletum...........  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  ................  ................
Spermolepis hawaiiensis.......  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  11/07/2000, 2/18/ 65 FR 6680, 65
                                                                                                                       2000, 12/27/      FR 79192, 65 FR
                                                                                                                       2000, 12/29/      82086, 65 FR
                                                                                                                       2000.             83158.
Tetramolopium arenarium.......  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  ................  ................
Vigna o--wahuensis............  E...........  09/14/1993......  58 FR 48012.....  11/10/1994......  59 FR 56333.....  12/18/2000, 12/   65 FR 79192, 65
                                                                                                                       29/2000, 1/28/    FR 83158, 67 FR
                                                                                                                       2002.             3940.
Zanthoxylum dipetalum var.      E...........  09/25/1995......  60 FR 49377.....  10/10/1996......  61 FR 53137.....  ................  ................
 tomentosum.
Zanthoxylum hawaiiense........  E...........  12/17/1992......  57 FR 59951.....  03/04/1994......  59 FR 10305.....  11/07/2000, 12/   65 FR 66808, 65
                                                                                                                       18/2000, 12/29/   FR 79192, 65 FR
                                                                                                                       2000.             83158.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key: E = Endangered; T = Threatened

Critical Habitat

    Section 4 (a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. Our 
regulations (50 CFR 424.12(a)(1)) state that designation of critical 
habitat is not prudent when one or both of the following situations 
exist: (1) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species. At the time each plant 
was listed, we determined that designation of critical habitat was not 
prudent because it would not benefit the plant and/or would increase 
the degree of threat to the species.
    The not prudent determinations for the 58 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 the 58 species reported from the island of Hawaii 
(Achyranthes mutica, Adenophorus periens, Argyroxiphium kauense, 
Asplenium fragile var. insulare, Bonamia menziesii, Cenchrus 
agrimoiodes, Clermontia drepanomorpha, Clermontia lindseyana, 
Clermontia peleana, Clermontia pyrularia, Colubrina oppositifolia, 
Ctentis squamigera, Cyanea copelandii ssp. copelandii, Cyanea 
hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea shipmanii, 
Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra tintinnabula, 
Delissea undulata, Diellia erecta, Flueggea neowawraea, Gouania 
vitifolia, Hedyotis cookiana, Hedyotis coriacea, Hibiscadelphus 
giffardianus, Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion hosakae, Isodendrion pyrifolium, Mariscus 
fauriei, Mariscus pennatiformis, Melicope zahlbruckneri, Neraudia 
ovata, Nothocestrum breviflorum, Ochrosia kilaueaensis, Phlegmariurus 
mannii, Phyllostegia parviflora, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Plantago hawaiensis, Plantago 
princeps, Pleomele hawaiiensis, Portulaca sclerocarpa, Pritcharida 
affinis, Pritcharida schattaueri, Sesbania tomentosa, Sicyos alba, 
Silene hawaiiensis, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Tetramolopium arenarium, Vigna o-wahuensis, Zanthoxylum 
dipetalum var. tomentosum, and Zanthoxylum hawaiiense). Among other 
things, the

[[Page 36994]]

court held that in most cases we did not sufficiently demonstrate that 
the species are threatened by human activity or that such threats would 
increase with the designation of critical habitat. The court also held 
that we failed to balance any risks of designating critical habitat 
against any benefits (id. at 1283-85).
    Regarding our determination that designating critical habitat would 
have no additional benefits to the species above and beyond those 
already provided through the section 7 consultation requirement of the 
Act, the court ruled that we failed to consider the specific effect of 
the consultation requirement on each species (id. at 1286-88). In 
addition, the court stated that we did not consider benefits outside of 
the consultation requirements. In the court's view, these potential 
benefits include substantive and procedural protections. The court held 
that, substantively, designation establishes a ``uniform protection 
plan'' prior to consultation and indicates where compliance with 
section 7 of the Act is required. Procedurally, the court stated that 
the designation of critical habitat educates the public and State and 
local governments and affords them an opportunity to participate in the 
designation (id. at 1288). The court also stated that private lands may 
not be excluded from critical habitat designation even though section 7 
requirements apply only to Federal agencies. In addition to the 
potential benefit of informing the public, and State and local 
governments of the listing and of the areas that are essential to the 
species' conservation, the court found that there may be Federal 
activity on private property in the future, even though no such 
activity may be occurring there at the present (id. at 1285-88).
    On August 10, 1998, the court ordered us to publish proposed 
critical habitat designations or non-designations for at least 100 
species by November 30, 2000, and to publish proposed designations or 
non-designations for the remaining 145 species by April 30, 2002 (24 F. 
Supp. 2d 1074).
    On November 30, 1998, we published a notice in the Federal Register 
requesting public comments on our reevaluation of whether designation 
of critical habitat is prudent for the 245 Hawaiian plants at issue (63 
FR 65805). The comment period closed on March 1, 1999, and was reopened 
from March 24, 1999, to May 24, 1999 (64 FR 14209). We received more 
than 100 responses from individuals, non-profit organizations, the 
DOFAW, county governments, and Federal agencies (U.S. Department of 
Defense-Army, Navy, Air Force). Only a few responses offered 
information on the status of individual plant species or on current 
management actions for one or more of the 245 Hawaiian plants. While 
some of the respondents expressed support for the designation of 
critical habitat for 245 Hawaiian plants, more than 80 percent opposed 
the designation of critical habitat for these plants. In general, these 
respondents opposed designation 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 September 7, 2000, we mailed letters to over 1,200 landowners on 
the island of Hawaii requesting any information considered germane to 
the management of any of the 58 plants on their property, and 
containing a copy of the November 30, 1998, Federal Register notice, a 
map showing the general locations of the species that may be on their 
property, and a handout containing general information on critical 
habitat. We received 300 written responses to our landowner mailing 
with varying types of information on their current land management 
activities. These responses included information on the following: 
control of human access, ungulate control, fencing, hunting, weeding, 
rat control, scientific research, fire control, and propagation and/or 
planting of native plants. A few respondents expressed support for the 
designation of critical habitat. We held three open houses on the 
island of Hawaii, at Yano Hall in Captain Cook, the Waimea Civic Center 
in Waimea, and the State Building in Hilo, on August 1 to 3, 2000, 
respectively, to meet one-on-one with local landowners and other 
interested members of the public. A total of 84 people attended the 
three open houses. In addition, we met with Hawaii County Division of 
Forestry and Wildlife staff and discussed their management activities 
on the island.
    On November 7, 2000, we published the first of the court-ordered 
prudency determinations and proposed critical habitat designations or 
non-designations for 76 Kauai and Niihau plants (65 FR 66808). The 
prudency determinations and proposed critical habitat designations for 
Maui and Kahoolawe plants were published on December 18, 2000 (65 FR 
79192), for Lanai plants on December 27, 2000 (65 FR 82086) and for 
Molokai plants on December 29, 2000 (65 FR 83157). All of these 
proposed rules had been sent to the Federal Register by or on November 
30, 2000, as required by the court's order.
    On October 3, 2001, we submitted a joint stipulation with Earth 
Justice Legal Defense Fund requesting an 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. We published 
revised critical habitat proposals on January 28, 2002 (Kauai and 
Niihau, 67 FR 3940), March 4, 2002 (Lanai, 67 FR 9806), April 3, 2002 
(Maui and Kahoolawe, 67 FR 15856), and April 5, 2002 (Molokai, 67 FR 
16492). In those proposals we determined that critical habitat was 
prudent for 31 species (Achyranthes mutica, Adenophorus periens, 
Asplenium fragile var. insulare, Bonamia menziesii, Cenchrus 
agrimonioides, Clermontia lindseyana, Clermontia peleana, Colubrina 
oppositifolia, Ctenitis squamigera, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis 
coriacea, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Mariscus fauriei, Mariscus pennatiformis, Phlegmariurus 
mannii, Phyllostegia parviflora, Plantago princeps, Portulaca 
sclerocarpa, Sesbania tomentosa, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, and Zanthoxylum hawaiiense) that are reported from the 
island of Hawaii as well as on Kauai, Niihau, Maui, Kahoolawe, Lanai, 
and/or Molokai.
    The prudency determinations and proposed critical habitat 
designations for plants from the Northwestern Hawaiian Islands were 
published on May 14, 2002. Publication of this proposal for plants from 
the island of Hawaii is consistent with the August 10, 1998, the court 
order.

[[Page 36995]]

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 and using 
the best scientific and commercial data available, habitat areas that 
provide at least one of the physical or biological features essential 
to the conservation of the species (primary constituent elements, as 
defined at 50 CFR 424.12(b)). Section 3(5)(C) of the Act states that 
not all areas that can be occupied by a species should be designated as 
critical habitat unless the Secretary determines that such areas are 
essential to the conservation of the species. Our regulations (50 CFR 
424.12(e)) also state that, ``The Secretary shall designate as critical 
habitat areas outside the geographic area presently occupied by the 
species only when a designation limited to its present range would be 
inadequate to ensure the conservation of the species.''
    Section 4(b)(2) of the Act requires that we take into consideration 
the economic impact, and any other relevant impact, of specifying any 
particular area as critical habitat. We may exclude areas from critical 
habitat designation when the benefits of exclusion outweigh the 
benefits of including the areas within critical habitat, provided the 
exclusion will not result in extinction of the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published on July 1, 1994 (59 FR 34271), provides criteria, 
establishes procedures, and provides guidance to ensure that decisions 
made by the Service represent the best scientific and commercial data 
available. It requires that our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, use primary and original sources of information as the 
basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should be the listing rule for the species. Additional 
information may be obtained from a recovery plan, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials.
    Section 4 of the Act requires that we designate critical habitat 
based on what we know at the time of the designation. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery. Areas 
outside the critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1) of 
the Act and to the regulatory protections afforded by the section 
7(a)(2) jeopardy standard and the section 9 prohibitions, as determined 
on the basis of the best available information at the time of the 
action. Federally funded or assisted projects affecting listed species 
outside their designated critical habitat areas may still result in 
jeopardy findings in some cases. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, HCPs, or other species conservation planning 
efforts if new information available to these planning efforts calls 
for a different outcome.
A. Prudency Redeterminations
    In other proposed rules we determined that designation of critical 
habitat was prudent for 31 species that are reported from the island of 
Hawaii as well as from Kauai, Niihau, Maui, Kahoolawe, Lanai, and/or 
Molokai. These 31 plants are: Achyranthes mutica, Adenophorus periens, 
Asplenium fragile var. insulare, Bonamia menziesii, Cenchrus 
agrimonioides, Clermontia lindseyana, Clermontia peleana, Colubrina 
oppositifolia, Ctenitis squamigera, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis 
coriacea, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Mariscus fauriei, Mariscus pennatiformis, Phlegmariurus 
mannii, Phyllostegia parviflora, Plantago princeps, Portulaca 
sclerocarpa, Sesbania tomentosa, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, and Zanthoxylum hawaiiense. No change is made to these 31 
proposed prudency determinations and they are hereby incorporated into 
this proposal (65 FR 66808, 65 FR 79192, 65 FR 82086, 65 FR 83158, 67 
FR 3940, 67 FR 9806, 67 FR 15856, 67 FR 16492).
    To determine whether critical habitat would be prudent for each of 
the 27 species (Argyroxiphium kauense, Clermontia drepanomorpha, 
Clermontia pyrularia, Cyanea copelandii ssp. copelandii, Cyanea 
hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea shipmanii, 
Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra tintinnabula, 
Hibiscadelphus giffardianus, Hibiscadelphus

[[Page 36996]]

hualalaiensis, Isodendrion hosakae, Melicope zahlbruckneri, Neraudia 
ovata, Nothocestrum breviflorum, Ochrosia kilaueaensis, Phyllostegia 
racemosa, Phyllostegia velutina, Phyllostegia warshaueri, Plantago 
hawaiiensis, Pleomele hawaiiensis, Pritchardia affinis, Pritchardia 
schattaueri, Sicyos alba, Silene hawaiiensis, and Zanthoxylum dipetalum 
var. tomentosum) for which prudency determinations have not been made 
previously, we analyzed the potential threats and benefits for each 
species in accordance with the court's order. These 27 plants were 
listed as endangered species under the Endangered Species Act of 1973, 
as amended (Act) between 1991 and 1996. At the time each plant was 
listed, we determined that designation of critical habitat was not 
prudent because designation would increase the degree of threat to the 
species and/or would not benefit the plant. We have examined the 
evidence currently available for each of these taxa and have found 
specific evidence of vandalism, disturbance, and/or the threat of 
unrestricted collection for two species of Pritchardia, the native 
palm. At the time of listing, we determined that designation of 
critical habitat was not prudent for Pritchardia affinis and P. 
schattaueri because it would increase the degree of threat from 
vandalism or collecting, and would provide no benefit (59 FR 10305; 61 
FR 53137). Since publication of the listing rule, we learned of 
specific instances of vandalism, collection, and commercial trade 
involving these two species of Pritchardia. In the 1990s, seeds of P. 
schattaueri were removed from two of the three locations of this 
species known at that time (Nick Agorastos, DOFAW, pers. comm. 2000; L. 
Perry, pers. comm. 2000). Recently we received information on the 
commercial trade in palms conducted through the internet (Grant 
Canterbury, Service, 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 
P. affinis and P. schattaueri . In light of this information, we 
believe that designation of critical habitat would likely increase the 
threat from vandalism or collection to these two species of Pritchardia 
on the island of Hawaii. First, these plants are easy to identify, and 
second, they are attractive to collectors of rare palms either for 
their personal use or to trade or sell for personal gain (Johnson 
1996). We believe that the evidence shows that these species of palm 
may be attractive to such collectors. The final listing rules for these 
two species contained only general information on their distribution, 
but the publication of precise maps and descriptions of critical 
habitat in the Federal Register would make these species more 
vulnerable to incidents of vandalism or collection, and, therefore, 
contribute to the decline of these species and make recovery more 
difficult (59 FR 10305; 61 FR 53137).
    In addition, we believe that designation would not provide 
significant benefits that would outweigh these increased risks. First, 
Pritchardia affinis and P. schattaueri do not occur on Federal lands. 
Pritchardia schattaueri is reported on privately owned land that is 
zoned for agriculture, and two of the approximately 12 individuals have 
been fenced. In addition, the privately owned land is currently farmed, 
with 10 of the plants located in pasture and two located in macadamia 
nut orchards, and is unlikely to be developed. Pritchardia affinis 
occurs on State and privately owned lands that are zoned for 
conservation and agriculture. Since there does not appear to be any 
actions in the future that would involve a Federal agency, designation 
of critical habitat would not provide any additional protection to 
these species that they do not already have through listing alone. If 
however in the future any Federal involvement did occur, such as 
through the permitting process or funding by the Department of 
Agriculture, the U.S. Department of the Interior, the Corps through 
section 404 of the Clean Water Act, the U.S. Federal Department of 
Housing and Urban Development or the Federal Highway Administration, 
the actions would be subject to consultation under Section 7 of the 
Act.
    We acknowledge that critical habitat designation, in some 
situations, may provide some value to the species, for example, by 
identifying areas important for conservation and calling attention to 
those areas in need of special protection. However, for these two 
species, we believe that the benefits of designating critical habitat 
do not outweigh the potential increased threats from vandalism or 
collection. Given all of the above considerations, we propose that 
designation of critical habitat for Pritchardia affinis and P. 
schattaueri is not prudent.
    To determine whether critical habitat would be prudent for Cyanea 
copelandii ssp. copelandii and Ochrosia kilaueaensis, two species 
endemic to the island of Hawaii and which are no longer extant in the 
wild, we analyzed the potential threats and benefits for these species 
in accordance with the court's order. These plants were listed as 
endangered species under the Endangered Species Act of 1973, as amended 
(Act) in 1994. At the time C. copelandii ssp. copelandii and O. 
kilaueaensis were listed, we determined that designation of critical 
habitat was not prudent because designation would increase the degree 
of threat to these species and/or would not benefit these plants. 
Cyanea copelandii ssp. copelandii was last seen in the wild in 1957 in 
the Glenwood area. Ochrosia kilaueaensis was last observed in the wild 
in 1927, in an area that is now part of Hawaii Volcanoes National Park. 
Neither of these two species is known to be in storage or under 
propagation. Given these circumstances, we determine that designation 
of critical habitat would be of no benefit to these species. If these 
species are rediscovered we may revise this proposal to incorporate or 
address new information as new data becomes available (See 16 U.S.C. 
1532 (5) (B); 50 CFR 424.13(f)).
    We have examined the evidence available for the other 23 taxa and 
have not, at this time, found specific evidence of taking, vandalism, 
collection or trade of these taxa or of similar species. Consequently, 
while we remain concerned that these activities could potentially 
threaten these 23 plant species in the future, consistent with 
applicable regulations (50 CFR 424.12(a)(1)(i)) and the court's 
discussion of these regulations, we do not find that any of these 
species are currently threatened by taking or other human activity, 
which would be exacerbated by the designation of critical habitat. In 
the absence of finding that critical habitat would increase threats to 
a species, if there are any benefits to critical habitat designation, 
then a prudent finding is warranted. The potential benefits include (1) 
triggering section 7 consultation in new areas where it would not 
otherwise occur because, for example, it is or has become unoccupied or 
the occupancy is in question; (2) focusing conservation activities on 
the most essential areas; (3) providing educational benefits to State 
or county governments or private entities; and (4) preventing people 
from causing inadvertent harm to the species. In the case of these 23 
species there would be some benefits to critical habitat. The primary 
regulatory effect of critical habitat is the section 7 requirement that 
Federal agencies refrain from taking any action that destroys or 
adversely affects critical habitat. Thirteen of these 23 species are 
reported from federally owned lands or

[[Page 36997]]

lands under Federal jurisdiction on the island of Hawaii (Argyroxiphium 
kauense, Cyanea shipmanii, Cyrtandra giffardii, Hibiscadelphus 
giffardianus, Melicope zahlbruckneri, Neraudia ovata, Nothocestrum 
breviflorum, Phyllostegia racemosa, Phyllostegia velutina, Plantago 
hawaiiensis, Pleomele hawaiiensis, Sicyos alba, and Silene hawaiiensis) 
(see Table 3), where actions would be subject to section 7 
consultation. While many of the species are located exclusively on non-
Federal lands with limited Federal activities, there could be Federal 
actions affecting these lands in the future. While a critical habitat 
designation for habitat currently occupied by these species would not 
likely change the section 7 consultation outcome, since an action that 
destroys or adversely modifies such critical habitat would also be 
likely to result in jeopardy to the species, there may be instances 
where section 7 consultation would be triggered only if critical 
habitat were designated. There may also be some educational or 
informational benefits to the designation of critical habitat. 
Educational benefits include the notification of landowner(s), land 
managers, and the general public of the importance of protecting the 
habitat of these species and dissemination of information regarding 
their essential habitat requirements. Therefore, we propose that 
designation of critical habitat is prudent for 23 plant species: 
Argyroxiphium kauense, Clermontia drepanomorpha, Clermontia pyrularia, 
Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea 
shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Hibiscadelphus giffardianus, Hibiscadelphus 
hualalaiensis, Isodendrion hosakae, Melicope zahlbruckneri, Neraudia 
ovata, Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia 
velutina, Phyllostegia warshaueri, Plantago hawaiiensis, Pleomele 
hawaiiensis, Sicyos alba, Silene hawaiiensis, and Zanthoxylum dipetalum 
var. tomentosum.
B. Methods
    As required by the Act (section 4(b)(2)) and regulations at 50 CFR 
424.12, we used the best scientific data available to determine areas 
that are essential to conserve Achyranthes mutica, Adenophorus periens, 
Argyroxiphium kauense, Asplenium fragile var. insulare, Bonamia 
menziesii, Cenchrus agrimonioides, Clermontia drepanomorpha, Clermontia 
lindseyana, Clermontia peleana, Clermontia pyrularia, Colubrina 
oppositifolia, Ctenitis squamigena, Cyanea hamatiflora ssp. carlsonii, 
Cyanea platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis 
coriacea, Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion hosakae, 
Isodendrion pyrifolium, Mariscus fauriei, Mariscus pennatiformis, 
Melicope zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, 
Phlegmariurus mannii, Phyllostegia parviflora, Phyllostegia racemosa, 
Phyllostegia velutina, Phyllostegia warshaueri, Plantago hawaiensis, 
Plantago princeps, Pleomele hawaiiensis, Portulaca sclerocarpa, 
Sesbania tomentosa, Sicyos alba, Silene hawaiiensis, Silene lanceolata, 
Solanum incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, 
Vigna o-wahuensis, Zanthoxylum dipetalum var. tomentosum, 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 54 species; recent biological surveys and reports; our 
recovery plans for these 54 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 Hawaii; discussions with botanical experts; 
and recommendations from the Hawaii Pacific Plants Recovery 
Coordinating Committee (HPPRCC) (see also the discussion below) 
(Service 1994, 1995a, 1996a, 1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 
1999; HPPRCC 1998; HINHP Database 2000, CPC in litt. 1999; S. Perlman, 
pers. comm. 2000, R. Hobdy, pers. comm. 2000, L. Pratt et al., pers. 
comm. 2001).
    In 1994, the HPPRCC initiated an effort to identify and map habitat 
it believed to be important for the recovery of 282 endangered and 
threatened Hawaiian plant species. The HPPRCC identified these areas on 
most of the islands in the Hawaiian chain, and in 1999 we published 
them in our Recovery Plan for the Multi-Island Plants (Service 1999). 
The HPPRCC expects there will be subsequent efforts to further refine 
the locations of important habitat areas and that new survey 
information or research may also lead to additional refinement of 
identifying and mapping of habitat important for the recovery of these 
species.
    The HPPRCC identified essential habitat areas for all listed, 
proposed, and candidate plants and evaluated species of concern to 
determine if essential habitat areas would provide for their habitat 
needs. However, the HPPRCC's mapping of habitat is distinct from the 
regulatory designation of critical habitat as defined by the Act. More 
data has been collected since the recommendations made by the HPPRCC in 
1998. Much of the area that was identified by the HPPRCC as 
inadequately surveyed has now been surveyed in some way. New location 
data for many species has been 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 47 listed species at issue. As a result, the 
proposed critical habitat designations in this proposed rule include 
not only some habitat that was identified as essential in the 1998 
recommendations but also habitat that was not identified as essential 
in those recommendations.
C. Primary Constituent Elements
    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features (primary constituent elements) that 
are essential to the conservation of the species and that may require 
special management considerations or protection. Such requirements 
include, but are not limited to, space for individual and population 
growth, and for normal behavior; food, water, air, light, minerals, or 
other nutritional or physiological requirements; cover or shelter; 
sites for breeding, reproduction, or rearing of offspring, germination, 
or seed dispersal; and habitats that are protected from disturbance or 
are representative of the historic geographical and ecological 
distributions of a species.
    As described in the discussions for each of the 47 species 
(Achyranthes mutica, Adenophorus periens, Argyroxiphium kauense, 
Asplenium fragile var. Insulare, Bonamia menziesii, Clermontia 
drepanomorpha, Clermontia

[[Page 36998]]

lindseyana, Clermontia peleana, Clermontia pyrularia, Colubrina 
oppositifolia, Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, 
Cyanea shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Delissea undulata, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, Hedyotis coriacea, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion hosakae, Isodendrion pyrifolium, Mariscus fauriei, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, Phyllostegia 
racemosa, Phyllostegia velutina, Phyllostegia warshaueri, Plantago 
hawaiensis, Pleomele hawaiiensis, Portulaca sclerocarpa, Sesbania 
tomentosa, Sicyos alba, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, Zanthoxylum dipetalum var. tomentosum, 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 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 Hawaii.
    We are unable to identify the primary constituent elements for 
Cenchrus agrimonioides, Ctenitis squamigera, Hedyotis cookiana, 
Mariscus pennatiformis, Phlegmariurus mannii, Phyllostegia parviflora, 
and Plantago princeps, which no longer occur on the island of Hawaii, 
because information on these features for these species on the island 
is not available at this time. Therefore, we are 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 Cenchrus agrimonioides, Ctenitis 
squamigera, Hedyotis cookiana, Mariscus pennatiformis, Phlegmariurus 
mannii, Phyllostegia parviflora, and Plantago princeps on the island of 
Hawaii.
    All areas proposed as critical habitat are within the historical 
range of one or more of the 47 species at issue and contain one or more 
of the physical or biological features (primary constituent elements) 
essential for the conservation of one or more of the species.
D. Criteria Used to Identify Critical Habitat
    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) to identify 
the optimal number, size, and location of critical habitat units to 
achieve recovery (Beissinger and Westphal 1998; Burgman et al. 2001; 
Ginzburg et al. 1990; Karieva and Wennergren 1995; Menges 1990; Murphy 
et al. 1990; Taylor 1995). At this time, and consistent with the 
listing of these species and their recovery plans, the best available 
information leads us to conclude that the current size and distribution 
of the extant populations are not sufficient to expect a reasonable 
probability of long-term survival and recovery of these plant species. 
Therefore, we used the best 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 47 species. For each 
of these species, the overall recovery strategy outlined in the 
approved recovery plans includes the following components: (1) 
Stabilization of existing wild populations, (2) protection and 
management of habitat, (3) enhancement of existing small populations 
and reestablishment of new populations within historic range, and (4) 
research on species' biology and ecology ((Service 1994, 1995a, 1996a, 
1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 1999). 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 mature 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 species that are believed to have occurred 
historically as one, large, scattered population (see discussion below 
on Argyroxiphium kauense), and the proposed critical habitat 
designations reflect this exception for these species. To be considered 
recovered each population of a species endemic to the island of Hawaii 
should occur on the island to which it is endemic, and likewise the 
populations of a multi-island species should be distributed among the 
islands of its known historic range (Service 1994, 1995a, 1996a, 1996b, 
1996c, 1997a, 1998a, 1998b, 1998c, 1999). A population, for the 
purposes of this discussion and as defined in the recovery plans for 
these species, is defined as a unit containing 100, 300, or 500 mature 
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 events (such as landslides).
    For Argyroxiphium kauense, the recovery objective is more than 
100,000 individuals spread over the historic range of the species 
because the best available information indicates this number of 
individuals is necessary to preserve the majority of the existing 
genetic diversity and to protect against extinction due to catastrophic 
events, especially lava flows (Service 1996c). Argyroxiphium kauense is 
monocarpic (only flowering once before dying), requires years to 
decades to mature, and must be cross-pollinated from a genetically 
different plant to produce viable seeds (Powell 1992, Carr et al. 
1986). All of these characteristics indicate the need for more 
individuals in order to maintain a genetically diverse, viable 
population (Falk et al. 1996).
    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

[[Page 36999]]

developed by the HPPRCC and are found in all of the recovery plans for 
these species. While they are expected to be further refined as more 
information on the population biology of each species becomes 
available, the justification for these objectives is found in the 
current conservation biology literature addressing the conservation of 
rare and endangered plants and animals (Beissinger and Westphal 1998; 
Burgman et al. 2001; Falk et al. 1996; Ginzburg et al. 1990; Hendrix 
and Kyhl 2000; Karieva and Wennergren 1995; Luijten et al. 2000; Meffe 
and Carroll 1997; Podolsky 2001; 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 Hawaiian 
plant species is longevity (i.e., long-lived perennial, short-lived 
perennial, and annual). In general, long-lived woody perennial species 
would be expected to be viable at population levels of 50 to 250 
individuals per population, while short-lived perennial species would 
be viable at population levels of 1,500 to 2,500 individuals or more 
per population. These population numbers were refined for Hawaiian 
plant species by the HPPRCC (1994) due to the restricted distribution 
of suitable habitat typical of Hawaiian plants and the likelihood of 
smaller genetic diversity of several species that evolved from one 
single introduction. For recovery of Hawaiian plants, the HPPRCC 
recommended a general recovery guideline of 100 mature individuals per 
population for long-lived perennial species, 300 mature individuals per 
population for short-lived perennial species, and 500 mature 
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. Although absent 
the detailed information inherent to the types of PVA models described 
above (Burgman et al. 2001), this approach nevertheless employs two 
widely recognized and scientifically accepted goals for promoting 
viable populations of listed species: (1) Creation or maintenance of 
multiple populations so that a single or series of catastrophic events 
cannot destroy the whole listed species (Luijten et al. 2000; Menges 
1990; Quintana-Ascencio and Menges 1996); and (2) increasing the size 
of each population in the respective critical habitat units to a level 
where the threats of genetic, demographic, and normal environmental 
uncertainties are diminished (Hendrix and Kyhl 2000; Luijten et al. 
2000; Meffe and Carroll 1997; 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 1997). This 
basic conservation principle of redundancy applies to Hawaiian plants. 
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 
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, 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 will help 
give the species a reasonable likelihood of long-term survival and 
recovery, based on currently available information.
    In summary, the long-term survival and recovery requires the 
designation of critical habitat units on one or more of the Hawaiian 
islands with suitable habitat for 8 to 10 populations of each plant 
species. For Agyroxiphium kauense, however, the recovery goal is more 
than 100,000 individuals spread over the historical range of the 
species. Some of the habitat is currently not known to be occupied by 
these 47 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, such as 
the predation of Argyroxiphium kauense by mouflon sheep) (Pimm et al. 
1998; Stacey and Taper 1992; Mangel and Tier 1994; Joan Canfield, pers. 
comm. 1992).
    In this proposal, we have defined the primary constituent elements 
on the basis of the habitat features of the areas in which the plant 
species 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, stream banks), 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 47 plant 
species.
    We used the following considerations in delineating proposed 
critical habitat units. We:
    1. 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. Delineated critical habitat boundaries in such a way that areas 
with overlapping occupied or potentially suitable unoccupied habitat

[[Page 37000]]

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 a digital map of the island's elevation 
contours and vegetation types (initially described in Jacobi (1989)).
    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, based on the best available information available to 
us at this time. 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 as essential to the species 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 features such as cultivated 
agriculture fields, housing developments or other areas that are 
unlikely to contribute to the conservation of one or more of the 47 
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.
    Section 7 consultation is necessary and adverse modification 
generally could occur only if the primary constituent elements are 
affected within the critical habitat boundaries. 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 47 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 
man-made features and structures within the boundaries of the mapped 
unit, such as buildings, roads, aqueducts, telecommunications 
equipment, telemetry antennas, radars, missile launch sites, arboreta 
and gardens, heiau (indigenous places of worship or shrines), airports, 
other paved areas, and other rural residential landscaped areas do not 
contain one or more of the primary constituent elements and would be 
excluded under the terms of this proposed regulation. Federal actions 
limited to those areas, therefore would not trigger a section 7 
consultation, unless they affect the species and/or primary constituent 
elements in adjacent critical habitat.
    In summary, for the Hawaii Island 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 the island of Hawaii to provide for the conservation of 
these 47 species.
E. Managed Lands
    Currently occupied or historically known sites containing one or 
more of the primary constituent elements considered essential to the 
conservation of these 47 plant species were examined to determine if 
additional special management considerations or protection are required 
above those currently provided. We reviewed all available management 
information on these plants at these sites, including published reports 
and surveys; annual performance and progress reports; management plans; 
grants; memoranda of understanding and cooperative agreements; DOFAW 
planning documents; internal letters and memos; biological assessments 
and environmental impact statements; and section 7 consultations. 
Additionally, each public (i.e., county, State, or Federal government 
holdings) and private landowner on Hawaii island with a known 
occurrence of one of the 47 species was contacted by mail. We reviewed 
all information received in response to our landowner mailing and open 
houses held at three locations (Captain Cook, Waimea, and Hilo) on the 
island of Hawaii on August 1, 2, and 3, 2000, respectively. When 
clarification was required on the information provided to us, we 
followed up with a telephone contact. Because of the large amount of 
land on Hawaii island under State of Hawaii jurisdiction, we met with 
staff from the island of Hawaii's DOFAW office to discuss their current 
management for the plants on their lands.
    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

[[Page 37001]]

assurances that the management plan will be implemented (i.e., those 
responsible for implementing the plan are capable of accomplishing the 
objectives, have an implementation schedule and/or have adequate 
funding for the management plan); and (3) provides assurances the 
conservation plan will be effective (i.e., it identifies biological 
goals, has provisions for reporting progress, and is of a duration 
sufficient to implement the plan and achieves the plan's goals and 
objectives). If an area is covered by a plan that meets these criteria, 
it does not constitute critical habitat as defined by the Act because 
the primary constituent elements found there are not in need of special 
management.
    In determining and weighing the relative significance of the 
threats that would need to be addressed in management plans or 
agreements, we considered the following:
    (1) The factors that led to the listing of the species, as 
described in the final rules for listing each of the species. Effects 
of clearing and burning for agricultural purposes and of invasive non-
native plant and animal species have contributed to the decline of 
nearly all endangered and threatened plants in Hawaii (Smith 1985; 
Howarth 1985, Stone 1985; Wagner et al. 1985; Scott et al. 1986; 
Cuddihy and Stone 1999; Vitousek 1992; Service 1994, 1995a, 1996a, 
1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 1999; Loope 1998). The 
degradation and destruction of habitat, and consumption of listed 
plants by wildfire has also played a direct role in the decline of over 
half of these species. Logging and clearing are still threats to the 
habitats that support these species, but to a much lesser degree than 
prior to listing.
    Current threats to these species include non-native grass and 
shrub-carried wildfire; browsing, digging, rooting, and trampling from 
feral ungulates (including cattle, goats, sheep, and pigs); direct and 
indirect effects of non-native plant invasions, including alteration of 
habitat structure and microclimate; and disruption of pollination and 
gene-flow processes by adverse effects of mosquito-borne avian disease 
on forest bird pollinators, direct competition between native and non-
native insect pollinators for food, and predation of native insect 
pollinators by non-native hymenopteran insects (ants). In addition, 
physiological processes such as reproduction and establishment continue 
to be stifled by fruit and flower eating pests such as non-native 
arthropods, mollusks, and rats, and photosynthesis and water transport 
affected by non-native insects, pathogens and diseases. Many of these 
factors interact with one another, thereby compounding effects. Such 
interactions include non-native plant invasions altering wildfire 
regimes, feral ungulates vectoring weeds and disturbing vegetation and 
soils thereby facilitating dispersal and establishment of non-native 
plants, and numerous non-native insects feeding on native plants, 
thereby increasing their vulnerability and exposure to pathogens and 
disease (Cuddihy and Stone 1999; Mack 1992; Scott et al. 1986; Howarth 
1985, Smith 1985; D'Antonio and Vitousek 1992, Tunison et al. 1992; 
Service 1994, 1995a, 1996a, 1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 
1999, Bruegmann et al. 2001).
    (2) The recommendations from the HPPRCC in their 1998 report to the 
Service (``Habitat Essential to the Recovery of Hawaiian Plants''). As 
summarized in this report, recovery goals for endangered Hawaiian plant 
species cannot be achieved 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 47 species (Service 1994, 
1995a, 1996a, 1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 1999), in the 
1998 HPPRCC report to us (HPPRCC 1998), and in various other documents 
and publications relating to plant conservation in Hawaii (Mueller-
Dombois 1985; Smith 1985; Stone 1985; Cuddihy and Stone 1999; 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 1994, 1995a, 1996a, 1996b, 1996c, 1997a, 1998a, 
1998b, 1998c, 1999). It should be noted, however, that, on a case-by-
case basis, some of these actions may rise to a higher level of 
importance for a particular species or area, depending on the 
biological and physical requirements of the species and the location(s) 
of the individual plants: Feral ungulate control; wildfire management; 
non-native plant control; rodent control; invertebrate pest control; 
maintenance of genetic material of the endangered and threatened plant 
species; propagation, reintroduction, and/or augmentation of existing 
populations into areas deemed essential for the recovery of the 
species; ongoing management of the wild, outplanted, and augmented 
populations; maintenance of natural pollinators and pollinating 
systems, when known; habitat management and restoration in areas deemed 
essential for the recovery of the species; monitoring of the wild, 
outplanted, and augmented populations; rare plant surveys; and control 
of human activities/access.
    As shown in Table 3, the proposed critical habitat designations for 
47 species of plants are found on Federal, State, and private lands on 
the island of Hawaii. Information received in response to our public 
notices, letters to landowners, open houses, and meetings, and 
information in our files indicated that on-going conservation 
management action 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

Pohakuloa Training Area

    The Sikes Act Improvements Act of 1997 (Sikes Act) required 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

[[Page 37002]]

to provide for these ecological needs; and a monitoring and adaptive 
management plan. We consult with the military on the development and 
implementation of INRMPs for installations with listed species. We 
believe that bases that have completed and approved INRMPs that address 
the needs of the species generally do not meet the definition of 
critical habitat discussed above, because they require no additional 
special management or protection. Therefore, we do not include these 
areas in critical habitat designations if they meet the following three 
criteria: (1) A current INRMP must be complete and provide a 
conservation benefit to the species; (2) the plan must provide 
assurances that the conservation management strategies will be 
implemented; and (3) the plan must provide assurances that the 
conservation management strategies will be effective, by providing for 
periodic monitoring and revisions as necessary. If all of these 
criteria are met, then the lands covered under the plan would not meet 
the definition of critical habitat.
    The Pohakuloa Training Area is on State-owned land that is leased 
and administered by the United States Army Garrison, Hawaii (Army) for 
live-fire training. Ten plant species (Asplenium fragile var. insulare, 
Hedyotis coriacea, Neraudia ovata, Portulaca sclerocarpa, Silene 
hawaiiensis, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Tetramolopium arenarium, and Zanthoxylum hawaiiense) are 
reported from Pohakuloa Training Area (RCUH 1997; HINHP Database 2000). 
The Army has written an INRMP, an Ecosystem Management Plan, an 
Endangered Species Management Plan, a Fire Management Plan, and annual 
reports on the natural resources management projects performed under 
the Ecosystems Management Program at Pohakuloa Training Area (Tamimi 
1998; Evans 1998; Evans 1999; Schnell 1998; Schnell 1999; Sherry 1999; 
RCUH 1997; RCUH 1998; USAG-HI 2000). These documents and records of 
telephone conversations with Pohakuloa Training Area environmental 
staff indicate that some of the management actions identified in these 
plans have been implemented and have proven beneficial to populations 
of some species (Lena Schnell, and Scott Henderson, Pohakuloa Training 
Area, pers. comms. 2001). However, current management is not sufficient 
to address many of the factors inhibiting the long-term conservation of 
any of these ten species and thus provide conservation benefits to the 
species. In addition, there is no guarantee of long-term funding for 
on-going or future management actions. The U.S. Army is currently 
engaged in discussions with the Service to identify training-related 
impacts to the ten listed species at Pohakuloa Training Area and 
develop measures that avoid, minimize and offset those impacts. 
However, a more comprehensive management document has not been 
completed at this time. 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.

Hawaii Volcanoes National Park

    Nineteen species (Adenophorus periens, Argyroxiphium kauense, 
Asplenium fragile var. insulare, Clermontia pyrularia, Cyrtandra 
giffardii, Hibiscadelphus giffardianus, Ischaemum byrone, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, Phyllostegia 
racemosa, Plantago hawaiensis, Pleomele hawaiiensis, Portulaca 
sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene hawaiiensis, 
Spermolepis hawaiiensis, and Zanthoxylum hawaiiense) are reported from 
Hawaii Volcanoes National Park (GDSI 2000; HINHP Database 2000).
    Hawaii Volcanoes National Park (HVNP) was established by Congress 
in 1916 as the Hawaii Volcanoes Section of Hawaii National Park. In 
1961, an Act of Congress established Hawaii Volcanoes as an independent 
unit of the National Park System to preserve for visitor enjoyment and 
scientific study the HVNP's outstanding scenic, geological, and 
biological resources. Hawaii Volcanoes National Park encompasses 
diverse environments that range from sea level to the summit of Mauna 
Loa at 4,169 m (13,677 ft) and includes the active Kilauea volcano 
(National Park Service 2001).
    Management programs, objectives, and their progress are documented 
in the 1974 Natural Resources Management Plan final environmental 
statement (National Park Service 1974) and Draft 2000 Resource 
Management Plan (National Park Service 2000) for HVNP. Although HVNP's 
1974 plan outlines the management issues and strategies used to 
protect, restore, and enhance the rare and native plants and their 
habitats within the park, it does not adequately address the 
conservation needs of the 19 plant species reported from the Park. We 
are aware that specific units within the HVNP are managed for feral 
ungulate control. Some units are currently free of, or at sufficiently 
low numbers of, feral ungulates that no additional special management 
of these units is necessary for several of the 19 plant species for 
which browsing, rooting and digging by feral ungulates have been 
identified as the primary threats. However, sufficient information 
regarding species status is not available. Therefore, we have retained 
this area within the critical habitat proposal.

Hakalau Forest National Wildlife Refuge, Hakalau Unit

    Five species (Clermontia lindseyana, Clermontia peleana, Cyanea 
shipmanii, Phyllostegia racemosa, and Phyllostegia velutina) are 
reported from the U.S. Fish and Wildlife Service's Hakalau Unit of 
Hakalau Forest National Wildlife Refuge (GDSI 2000; HINHP Database 
2000; Service 2000b).
    Hakalau Forest National Wildlife Refuge was established in 1985 for 
the conservation of endangered forest birds and their rainforest 
habitat. Refuge management efforts are focused on fencing out and 
removing feral cattle and pigs, controlling weeds such as Passiflora 
mollissima, Rubus argutus (prickly Florida blackberry), and Ulex 
europaeus (gorse), and planting native plant species to restore native 
habitat. Endangered and common Hawaiian native plants are propagated 
and outplanted within fenced areas. Plant and animal populations are 
monitored and non-native plants controlled. Volunteers play an 
important role by planting trees and removing weeds. Management 
programs, objectives, and progress are documented in the Refuge's 
Management Plan (Service 1989). This plan details the management issues 
and strategies used to protect, restore, and enhance the rare and 
native plants and their habitats within Refuge boundaries (Service 
1989). Specific proposed actions to control feral cattle and pigs 
include: Fencing, one-way gates, cattle driving, public hunting, staff 
hunting with dogs, aerial hunting, contract hunting with dogs, and 
trapping. Some monitoring actions to determine the status and 
distribution of ungulates, measure the effectiveness of management and 
control techniques, and evaluate recovery of the native biota have been 
implemented (Service 1996d).
    Specific actions for control of non-native plants are outlined in 
the Draft Hakalau Forest National Wildlife Refuge Alien Species 
Management Plan (Service 2000a). Objectives include: Fencing and 
removal of ungulates from Hakalau Forest National Wildlife Refuge to 
stimulate recovery of native vegetation and slow or prevent the 
establishment of non-native plants; preventing or reducing the 
introduction and spread of non-native plants by staff,

[[Page 37003]]

visitors, or other persons working or visiting Hakalau Forest National 
Wildlife Refuge; developing a monitoring program to identify new 
introductions of non-native plant species; mapping distributions of 
established invasive non-native plant species and developing a 
prioritized list of species for control; controlling targeted species 
of non-native plants using herbicide or manual methods; monitoring non-
native plant control efforts to determine their effectiveness and 
monitoring response of vegetation to non-native plant control efforts; 
and controlling non-native birds that disperse invasive plants (Service 
2000a).
    Specific actions for threatened and endangered plant recovery 
include: Collecting seed and tissue material for propagation, 
reforestation, and outplanting. The number and location of outplanted 
common, threatened and endangered plant species is detailed in the 
Hakalau Forest National Wildlife Refuge Greenhouse FY 2000 annual 
report (Service 2000b). Actions outlined in the 1995 reforestation 
management plan include: Reforesting heavily grazed areas by planting 
seedlings of canopy tree species such as Acacia koa, Metrosideros 
polymorpha, and Sophora chrysophylla; reforesting heavily grazed areas 
and more lightly impacted areas with native understory plant species 
including rare and endangered species; and facilitating natural 
regeneration within areas less impacted by grazing using techniques 
such as soil scarification and herbicide treatments (Service 1995b).
    Specific actions for wildland fire management are outlined in the 
1997 Wildland Fire Management Strategy. These actions include: 
Providing an initial attack fire suppression capability; conducting 
prescribed fire activities in support of refuge habitat management 
programs; establishing appropriate fire related agreements/contracts; 
monitoring results of wild land and prescribed fires; updating fire 
management and associated plans, call-out lists, and mobilization 
guidelines; continuing to develop a cadre of ``red-carded'' 
firefighters for wild land fire, trained and equipped to accomplish the 
fire management program; and maintaining the refuge fire cache and fire 
equipment in a ready state (Service 1997b).
    The plans listed above and the actions that have been implemented 
to manage endangered species habitats demonstrate the long-term 
commitment of the Refuge to ecosystem management within designated 
management units. Specifically, some factors causing the decline of 
Clermontia lindseyana, Cyanea shipmanii, Phyllostegia racemosa, and 
Phyllostegia velutina have been controlled within the following feral 
ungulate management units: Middle Honohina unit, Shipman unit, Upper 
Malua Unit, Upper Honohina unit, Middle Papaikou unit, and Pua Akala 
unit. However, we have not excluded the Refuge lands from this proposed 
designation.

Hakalau Forest National Wildlife Refuge, Kona Forest Unit

    Two species (Clermontia lindseyana and Nothocestrum breviflorum) 
are reported from the U.S. Fish and Wildlife Service's Kona Forest Unit 
of Hakalau Forest National Wildlife Refuge (GDSI 2000; HINHP Database 
2000).
    The Kona Forest Unit of Hakalau Forest National Wildlife Refuge was 
established in 1997 to protect endangered forest birds and their 
habitat. Although the Service conducts some conservation management 
actions on this land, we have not yet begun implementing many of the 
actions outlined in our Conceptual Management Plan (Service 1997c) or 
in our Wildland Fire Management Plan (Service 2000c). Therefore, we 
have not proposed to exclude the Refuge from the designation.

State of Hawaii Lands

    The State lands on the island of Hawaii include ceded and leased 
lands, and those that are administered by the Department of Hawaiian 
Home Lands (DHHL), the Department of Public Safety (DPS), and the 
Department of Land and Natural Resources (DLNR). Forty-two plants are 
reported from State lands (Adenophorus periens, Achyranthes mutica, 
Argyroxiphium kauense, Asplenium fragile var. insulare, Bonamia 
menziesii, Clermontia drepanomorpha, Clermontia lindseyana, Clermontia 
peleana, Clermontia pyrularia, Colubrina oppositifolia, Cyanea 
hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea shipmanii, 
Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra tintinnabula, 
Delissea undulata, Diellia erecta, Flueggea neowawraea, Gouania 
vitifolia, Hedyotis coriacea, Hibiscadelphus hualalaiensis, Hibiscus 
brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, Mariscus 
fauriei, Melicope zahlbruckneri, Neraudia ovata, Nothocestrum 
breviflorum, Phyllostegia racemosa, Phyllostegia velutina, Phyllostegia 
warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, Portulaca 
sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene hawaiiensis, 
Silene lanceolata, Spermolepis hawaiiensis, Tetramolopium arenarium, 
and Zanthoxylum hawaiiense). DLNR lands are made up of Forest Reserves, 
Wildlife Sanctuaries, Natural Area Reserves, State Recreation Areas, 
and a Research Reserve. Within DLNR the Division of Forestry and 
Wildlife administers all of these lands. State Recreation Areas are 
administered by the Division of State Parks. DLNR also manages the DHHL 
lands on the island of Hawaii. The Department of Public Safety lands 
are at Kulani Correctional Facility and are managed by that facility in 
cooperation with the Olaa-Kilauea Management Partnership. The State 
conducts some conservation management actions on these lands and 
provides access to others who are conducting such activities.
    Many of DLNR's programs provide beneficial effects to endangered 
species and their habitat. Hawaii DOFAW management actions include 
fences that have been built to exclude feral ungulates from several 
one-acre rare plant sites, propagation and dissemination of native tree 
species that help restore native plant assemblages around the island, 
participation in a cooperative ecosystem management partnership with 
other Federal and State agencies and a private landowner, and 
administration of programs that either directly or indirectly benefit 
endangered species and their habitats. Twelve one-acre rare dry forest 
plant management units were established during the 1980s to protect dry 
forest plants from browsing and wildfire. These units were fenced to 
exclude feral ungulates and maintained in a fuel-free condition that 
has kept frequent wildfires from consuming the enclosed rare plants. 
These sites have provided a seed source for endangered species 
restoration efforts elsewhere on the island (Vickie Caraway, DOFAW, 
pers. comm. 2001).
    The Division of Forestry and Wildlife's Natural Area Reserves 
System (NARS) was established in 1970 with the intent to preserve and 
maintain unique Hawaiian ecosystems and geological features. The island 
of Hawaii has eight NARS that encompass a total of 33,407 ha (82,550 
ac). Six of these NARS harbor endangered species and are managed 
primarily to maintain the native ecosystems that support these species. 
Some management actions that have occurred in many of the NARS include 
construction of feral ungulate exclosure fences around particularly 
unique plant communities, such as within older kipuka (vegetated area 
surrounded by bare lava flows), and other habitats that support 
populations of endangered species; treatment of endangered tree species 
for invasive

[[Page 37004]]

non-native insects; physical and chemical control of non-native plant 
populations; rat baiting; and, feral cat trapping. Such sites include 
the Lama and Olopua units in Manuka NAR which support Pleomele 
hawaiiensis and Colubrina oppositifolia, and Flueggea neowawaraea and 
Gouania vitifolia, respectively; the Aku unit in the Puu Makaala NAR 
that supports Sicyos alba; Laupahoehoe NAR that supports Cyrtandra 
tintinnabula, and the Puu o Umi NAR that supports a habitat ranked by 
the Hawaii Natural Heritage Program as a globally imperiled ecosystem, 
and other rare species (HINHP Database 2000; Hawaii DLNR 1982; Hawaii 
DLNR 1989a; Hawaii DLNR 1989b; Hawaii Heritage Program 1989).
    Numerous efforts by the State of Hawaii on the island of Hawaii 
contribute to the conservation of listed plant species, including their 
rare plant management activities, administration of the NARS and Hawaii 
Forest Stewardship Program (FSP) programs. However these programs do 
not adequately address the ongoing threats to these listed plant 
species on their lands. In addition, there are no comprehensive 
management plans for the long-term conservation of endangered and 
threatened plants on these lands; no updated detailed reports on 
management actions conducted, and no assurances that management actions 
will be implemented in the long term or that long term funding is 
secure. Therefore, we cannot, at this time, find that management on 
these State lands is adequate to preclude a proposed designation of 
critical habitat.

Partnership (Federal-State-Private) Lands

Olaa Kilauea Management Area

    Nine species (Asplenium fragile var. insulare, Clermontia 
lindseyana, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra giffardii, 
Phyllostegia racemosa, Phyllostegia velutina, Plantago hawaiensis, and 
Sicyos alba) are reported from the Olaa Kilauea Partnership lands owned 
by State, private and Federal entities on Hawaii island (GDSI 2000; 
HINHP Database 2000; Hawaii DLNR et al. 1999).
    In an effort to protect native biological resources, landowners and 
other interested parties established a partnership to cooperatively 
manage the Olaa-Kilauea Management Area. This 12,950 ha (32,000 ac) 
management area includes lands owned or controlled by the Hawaii 
Department of Public Safety (Kulani Correctional Facility), the Hawaii 
Department of Land and Natural Resource (Puu Makaala Natural Area 
Reserve), the National Park Service (Olaa tract of Hawaii Volcanoes 
National Park), and privately owned lands in Kilauea Forest. The 
partnership cooperative agreement signed in 1994 includes the 
commitment to jointly develop a natural resources management plan that 
includes, but is not limited to, feral animal and non-native plant 
control measures, collaborative research projects, and habitat 
protection and restoration. A group of landowners and managers of these 
project lands as well as representatives from the Service, USGS-BRD and 
the U.S. Forest Service (USFS) developed a five year management plan 
(Hawaii DLNR et al. 1999).
    The overall objective of management in the project area is the 
protection and recovery of native ecosystems to the point that they are 
self-sustaining, native-dominated communities with secure populations 
of native plant, invertebrate, and forest bird species. Management 
efforts are aimed at controlling feral pigs and non-native plants. As 
objectives for feral pig and non-native plant control are achieved and 
large, pig-free areas become available for more intensive management 
control for other predators, (i.e. black rats (which eat the fruit and/
or seeds of some plants species)) restoration of rare plant species 
will be implemented (Hawaii DLNR et al. 1999).
    Specific management actions to address feral ungulates include the 
construction of fences surrounding management units; staff hunting, 
trapping and snaring; and monitoring transects to detect ingress and 
determine efficiency of the feral animal control program within the 
management areas (Hawaii DLNR et al. 1999).
    Specific management actions to address non-native plants include 
mapping the distribution of priority non-native plants; development of 
a control strategy; herbicide or manual control; follow-up monitoring 
to determine the effectiveness of control efforts; and, long-term 
monitoring of non-native plants within and outside fenced areas (Hawaii 
DLNR et al. 1999).
    Specific management for rare plant inventory, monitoring and 
recovery actions include additional surveys and mapping the 
distribution of individual plants and populations; intensive monitoring 
to assess potential threats; evaluation of forest stand structure and 
reproduction; and, monitoring following management actions such as 
fencing and pig control. Propagation and outplanting programs are being 
considered for some rare plant species that appear to be inadequately 
reproducing in the wild or for those with inadequate genetic 
representation in the wild (i.e., few individuals). As rare plants are 
located, representative genetic material is collected and maintained at 
the Volcano Mid-Elevation Rare Plant Facility. In some instances spot 
fencing is erected for interim protection from ungulates (Hawaii DLNR 
et al. 1999).
    However these actions do not adequately address the ongoing threats 
to the listed plant species on this land. In addition, there is no 
legally operative plan that addresses the maintenance and improvement 
of the essential elements and provides for the long term maintenance of 
the species. Therefore, we cannot, at this time, find that management 
on these lands is adequate to preclude a proposed designation of 
critical habitat.

Private Lands

Kaupulehu mauka (toward the mountain, inland)

    This 2 ha (5 ac) parcel in the District of North Kona is owned by 
the National Tropical Botanical Garden and is managed expressly for the 
benefit of endangered plants and their habitat. Currently, there are 
three endangered plant species that naturally occur within this parcel, 
Colubrina oppositifolia, Nothocestrum breviflorum, and Pleomele 
hawaiiensis. The primary factors inhibiting the recovery of these 
species in this area was limited seedling growth of these dry forest 
trees due to altered microclimate conditions by the non-native plant 
Pennisetum setaceum (fountain grass), wildfire, seed predation by rats 
and mice, and occasional browsing of seedlings and saplings by feral 
sheep and goats. A cattle fence was erected in 1950 and the cattle 
removed, however there are local accounts of feral sheep and goats 
using this area off-and-on until the fence was improved with hogwire 
and barbed wire in 1996. In 1996 the North Kona Dry Forest Working 
Group was organized to address recovery of dry forest ecosystems in the 
region and the group focused on this 2 ha (5 ac) parcel as its pilot 
project. The group has since removed all of the Pennisetum setaceum and 
thus reduced the wildfire hazard to this area. Rodent populations have 
also been controlled within this unit and numerous native understory 
species have been planted. The North Kona Dry Forest Working Group is 
committed to long-term management of this parcel for the benefit of 
Hawaiian dry forest ecosystems. However, no legally operative plan has 
been prepared for the

[[Page 37005]]

site. In addition, this group operates with year-to-year funding and 
there is no assurance that funding will be available for long-term 
maintenance of the on-going management activities. Therefore, we cannot 
at this time, find that management on this land is adequate to preclude 
a proposed designation of critical habitat (Hawaii Forest Association, 
in litt. 1998; M. Bruegmann, pers. comm. 1999).

Kaupulehu makai (toward the ocean)

    This 28 ha (70 ac) management unit in the District of North Kona is 
part of a larger parcel owned by the Kamehameha Schools Bishop Estate. 
Four endangered plant species naturally occur within this dry forest 
management unit, Bonamia menziesii, Colubrina oppositifolia, 
Nothocestrum breviflorum, and Pleomele hawaiiensis. The primary factors 
inhibiting the recovery of these species in this area was the limited 
seedling growth of these dry forest trees due to altered microclimate 
conditions by non-native Pennisetum setaceum, wildfire, seed predation 
by rats and mice, and occasional browsing of seedlings and saplings by 
feral sheep and goats. A sheep and goat fence was erected in 1999 by 
the North Kona Dry Forest Working as part of an effort to expand dry 
forest restoration efforts to larger areas within the region. The group 
is in the process of removing Pennisetum setaceum from this site to 
eliminate the wildfire hazard to this area and enhance forest 
restoration efforts. Rodent populations are also being controlled 
within this unit and numerous native understory species have been 
planted. The North Kona Dry Forest Working Group is committed to long-
term management of this parcel for the benefit of Hawaiian dry forest 
ecosystems and no management activities beyond those planned and 
currently occurring at the site appear to be needed to provide for the 
conservation of the four listed plant species. However, no legally 
operative plan has been prepared for the site. In addition, this group 
operates with year-to-year funding and there is no assurance that 
funding will be available for long-term maintenance of the on-going 
management activities. Therefore, we cannot at this time, find that 
management of this land is adequate to preclude a proposed designation 
of critical habitat (Hawaii Forest Industry Association in litt. 1998).
    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 47 listed species at issue 
in this proposed designation, in accordance with long term conservation 
management plans or agreements, and there are assurances that the 
proposed management actions will be implemented and effective, the 
Service can consider this information when making a final determination 
of critical habitat.
    In addition, we are aware that other private landowners and the 
State of Hawaii are considering the development of land management 
plans or agreements that may promote the conservation and recovery of 
endangered and threatened plant species on the island of Hawaii. We 
support these efforts and provide technical assistance whenever 
possible. We are soliciting comments on whether future development and 
approval of conservation measures (e.g., Habitat Conservation Plans, 
Conservation Agreements, Safe Harbor Agreements) should trigger 
revision of designated critical habitat to exclude such lands and, if 
so, by what mechanism.
    The proposed critical habitat units described below constitute our 
best assessment of the physical and biological features needed for the 
conservation of the 47 plant species (Achyranthes mutica, Adenophorus 
periens, Argyroxiphium kauense, Asplenium fragile var. insulare, 
Bonamia menziesii, Clermontia drepanomorpha, Clermontia lindseyana, 
Clermontia peleana, Clermontia pyrularia, Colubrina oppositifolia, 
Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea 
shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Delissea undulata, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, Hedyotis coriacea, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion hosakae, Isodendrion pyrifolium, Mariscus fauriei, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, Phyllostegia 
racemosa, Phyllostegia velutina, Phyllostegia warshaueri, Plantago 
hawaiensis, Pleomele hawaiiensis, Portulaca sclerocarpa, Sesbania 
tomentosa, Sicyos alba, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, Zanthoxylum dipetalum var. tomentosum, and Zanthoxylum 
hawaiiense) 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 order requires us to proceed with designation at 
this time based on the best information available. As new information 
accrues, we may reevaluate which areas warrant critical habitat 
designation. We anticipate that comments received through the public 
review process and from 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 Area by Unit and Land Ownership or Jurisdiction, Hawaii County, Hawaii.\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Unit name                      State/Local                      Private                       Federal                        Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii A1......................  518 ha (1,280 ac)............  202 ha (498 ac).............  ............................  719 ha \1\ (1,777 ac)
Hawaii A2......................  1,779 ha (4,395 ac)..........  907 ha (2,240 ac)...........  ............................  2,685 ha \1\ (6,635 ac)
Hawaii B.......................  5,738 ha (14,178 ac).........  2,462 ha (6,084 ac).........  ............................  8,200 ha (20,263 ac) \1\
Hawaii C.......................  38 ha (94 ac)................  <1 ha (<1 ac)...............  ............................  38 ha (94 ac)
Hawaii D1......................  .............................  55 ha (136 ac)..............  ............................  55 ha (136 ac)
Hawaii D2......................  .............................  43 ha (107 ac)..............  ............................  43 ha (107 ac)
Hawaii D3......................  .............................  257 ha (636 ac).............  ............................  257 ha (636 ac)
Hawaii D4......................  .............................  14 ha (34 ac)...............  ............................  14 ha (34 ac)
Hawaii D5......................  .............................  1 ha (4ac)..................  ............................  1 ha (4 ac)
Hawaii D6......................  .............................  36 ha (89 ac)...............  ............................  36 ha (89 ac)

[[Page 37006]]

 
Hawaii D7......................  .............................  112 ha (278 ac).............  ............................  112 ha (278 ac)
Hawaii D8......................  .............................  8 ha (21 ac)................  ............................  8 ha (21 ac)
Hawaii E.......................  1,565 ha (3,866 ac)..........  52 ha (128 ac)..............  1,375 ha (3,399 ac).........  2,992 ha (7,393 ac)
Hawaii F.......................  4,639 ha (11,464 ac).........  946 ha (2,338 ac)...........  8,321 ha (20,561 ac)........  13,906 ha (34,363 ac)
Hawaii G.......................  22,274 ha (55,040 ac)........  6,378 ha (15,760 ac)........  3,634 ha (8,980 ac).........  32,286 ha (79,781 ac) \1\
Hawaii H.......................  46 ha (113 ac)...............  1,406 ha (3,476 ac).........  3,870 ha (9,563 ac).........  5,322 ha (13,151 ac) \1\
Hawaii I.......................  .............................  8 ha (20 ac)................  514 ha (1,269 ac)...........  522 ha (1,290 ac) \1\
Hawaii J.......................  4,304 ha (10,636 ac).........  499 ha (1,233 ac)...........  262 ha (647 ac).............  5,065 ha (12,516 ac)
Hawaii K.......................  8,742 ha (21,601 ac).........  6,552 ha (16,191 ac)........  ............................  15,294 ha (37,792 ac)
Hawaii L.......................  <1 ha (<1 ac)................  ............................  38,504 ha (95,145 ac).......  38,505 ha (95,148 ac) \1\
Hawaii M1......................  19 ha (46 ac)................  ............................  ............................  19 ha (46 ac)
Hawaii M2......................  133 ha (328 ac)..............  ............................  ............................  133 ha (328 ac)
Hawaii M3......................  112 ha (277 ac)..............  29 ha (72 ac)...............  ............................  141 ha (349 ac)
Hawaii M4......................  141 ha (347 ac)..............  ............................  ............................  141 ha (347 ac)
Hawaii M5......................  .............................  ............................  533 ha (1,316 ac)...........  533 ha (1,316 ac)
Hawaii N1......................  35 ha (87 ac)................  ............................  ............................  35 ha (87 ac)
Hawaii N2......................  439 ha (1,084 ac)............  ............................  2 ha (6 ac).................  441 ha (1,091 ac) \1\
Hawaii O.......................  179 ha (441 ac)..............  36 ha (90 ac)...............  ............................  215 ha (531 ac)
Hawaii P.......................  12 ha (31 ac)................  534 ha (1,320 ac)...........  ............................  547 ha \1\ (1,351 ac)
Hawaii Q.......................  3,148 ha (7,778 ac)..........  401 ha (992 ac).............  ............................  3,549 ha (8,770 ac)
Hawaii R.......................  336 ha (830 ac)..............  51 ha (126 ac)..............  ............................  387 ha (955 ac) \1\
Hawaii S.......................  351 ha (868 ac)..............  32 ha (79 ac)...............  ............................  383 ha (947 ac)
Hawaii T.......................  1,094 ha (2,704 ac)..........  395 ha (977 ac).............  ............................  1,489 ha (3,681 ac)
Hawaii U.......................  .............................  ............................  615 ha (1,520 ac)...........  615 ha (1,520 ac)
Hawaii V.......................  .............................  951 ha (2,351 ac)...........  ............................  951 ha (2,351 ac)
Hawaii W.......................  .............................  1,479 ha (3,654 ac).........  ............................  1,479 ha (3,654 ac)
Hawaii X.......................  138 ha (340 ac)..............  ............................  ............................  138 ha (340 ac)
Hawaii Y1......................  4 ha (11 ac).................  208 ha (513 ac).............  ............................  212 ha (524 ac)
Hawaii Y2......................  195 ha (482 ac)..............  139 ha (344 ac).............  ............................  334 ha (826 ac)
Hawaii Z.......................  8,317 ha (20,552 ac).........  2,421 ha (5,983 ac).........  ............................  10,738 ha (26,535 ac)
Hawaii AA......................  26,198 ha (64,736 ac)........  2,107 ha (5,206 ac).........  79 ha (196 ac)..............  28,384 ha (70,138 ac)
Hawaii BB......................  43 ha (106 ac)...............  ............................  ............................  43 ha (106 ac)
                                --------------------------------
 Total.........................  90,534 ha (223,715 ac).......  28,725 ha (70,980 ac).......  57,709 ha (142,601 ac)......  176,968 ha (437,285 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or differences due to rounding.

    Proposed critical habitat for 47 species includes lands under 
private, State, and Federal jurisdiction (owned and leased lands), with 
Federal lands including lands managed by the Department of Defense, 
U.S. Fish and Wildlife Service, Government Services Administration, and 
the National Park Service. Lands proposed as critical habitat have been 
divided into 28 units (Hawaii A1 through Hawaii BB) on the island of 
Hawaii. A brief description of each unit is presented below.

Descriptions of Critical Habitat Units

Hawaii A

    The proposed unit Hawaii A (subunits A1 and A2) provides occupied 
habitat for two species: Nothocestrum breviflorum and Pleomele 
hawaiiensis. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on the island of Hawaii, and provides habitat to 
support 1 or more of the 8 to 10 populations for each species and 100 
mature individuals per population for Nothocestrum breviflorum and 
Pleomele hawaiiensis, 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 Hawaii A).
    This unit cluster contains a total of 3,404 ha (8,412 ac) on State 
and private lands. Unit A1 is in the Pololu and Honokane Nui watersheds 
and unit A2 is bordered on the west by the Honokane Iki watershed and 
on the east by the Waimanu watershed and contains portions of the 
Honokea, Honopue, Kailikaula, Kaimu, Kalele, Kolealiilii, Kukui, 
Nakooko, Ohiahuea, Pae, Paopao South, Punalulu, Waiaalala, Waiapuka, 
Waikaloa, Waimaile, and Waipahi watersheds. It contains a portion of 
the Kohala forest Reserve. The natural features found in this unit are: 
Unit A1, Kupenau summit and Pololu Stream; unit A2, Kamoloumi Stream, 
Kolealiilii Stream, Ohiahuea Stream, Oniu Stream, Paohia Gulch, Waipani 
Stream, and Waiapuka Stream.

Key to Table for Hawaii A-BB

    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.

[[Page 37007]]

    8. Not all currently occupied habitat was determined to be 
essential to the recovery of the species.
    9. Life history, long-lived perennial--100 mature, reproducing 
individuals needed per population.
    10. Life history, short-lived perennial--300 mature, reproducing 
individuals needed per population.
    11. Life history, annual--500 mature, reproducing individuals 
needed per population.
    12. Narrow endemic, the species probably never naturally 
occurred in more than a single or a few populations.
    13. Species has extremely restricted, specific habitat 
requirements.
    14. Hybridization is possible so distinct populations of related 
species should not overlap, requiring more land area.
    [Dagger] Not all suitable habitat is designated, only those 
areas essential for the conservation of the species.

BILLING CODE 4310-55-P

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Hawaii B

    The proposed unit Hawaii B provides occupied habitat for three 
species: Achyranthes mutica, Clermontia drepanomorpha, and Phyllostegia 
warshaueri. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on the island of Hawaii, and provides habitat to 
support 1 or

[[Page 37009]]

more of the 8 to 10 populations for each species and 300 mature 
individuals per population for Achyranthes mutica, Clermontia 
drepanomorpha, and Phyllostegia warshaueri, 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 Hawaii B).
    This unit contains a total of 8,200 ha (20,263 ac) on State and 
privately owned lands. It is in portions of the Haloa, Honokane Nui, 
Honopue, Kaimu, Kawaihae, Lamimaumau, Nakooko, Ohiahuea, Waikaloa, 
Waikoloa/Waiulaula, Wailoa/Waipio, and Waimanu watersheds. It contains 
a portion of the Kohala Forest Reserve. Natural features found in this 
unit are Eke (summit), Kaholopoohina (summit), Kaiholena (summit), 
Kaunu o Kaleioohie (summit), Kilohana Gulch, Kohala Mountains (summit), 
Makalii (summit), Momoualoa Gulch, Opaeloa (summit), Puu Ahia, Puu Iki, 
Puu Kamoa, Puu Kawaiwai, Puu Laelae, Puu Lanikepu, Puu Loa (summit), 
Puu Makela, Puu Mala, Puu Ohu, Puu Palailai, Puu Pohoulaula, Puu o Umi, 
and Waiaka Gulch.

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[[Page 37011]]



Hawaii C

    The proposed unit Hawaii C provides occupied habitat for one 
species: Sesbania tomentosa. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations for each 
species and 300 mature individuals per population throughout its known 
historical range considered by the recovery plans to be necessary for 
the conservation of this species (see the discussion of conservation 
requirements in Section D, and in the table for Hawaii C).
    This unit contains a total of 38 ha (94 ac) on State and privately 
owned lands. The unit is in the Pohakuloa watershed and contains a 
portion of the Hapuna Beach State Recreation Area. This unit is north 
of Wailaea Bay and south of Hapuna Bay and adjacent to Kanekanaka 
Point.

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[[Page 37013]]



Hawaii D

    The proposed unit Hawaii D (subunits D1 through D8) provides 
occupied habitat for three species: Isodendrion hosakae, Portulaca 
sclerocarpa, and Vigna o-wahuensis. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on the island of Hawaii, 
and provides habitat to support 1 or more of the 8 to 10 populations 
for each species and 300 mature individuals per population for all 
three species, 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 the above three 
species: Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-
wahuensis. 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 the island of 
Hawaii, and provides habitat to support 1 or more additional 
populations necessary to meet the recovery objectives of 8 to 10 
populations for each species and 300 mature individuals per population 
for Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis, 
throughout their known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Hawaii D).
    This unit cluster contains a total of 526 ha (1,305 ac) on 
privately owned land. The units consist of puu (hills, summits, cinder 
cones) in the areas between the Kamakahala watershed in the west and 
Waipunahoe watershed in the east (with portions of Waikoloa/Waiulaula 
and Waiulili). Natural features for this unit are: Unit D1 contains Puu 
Pa; unit D2 contains Holoholoku summit; unit D3 contains Puu Io, Puu 
Kaliali, Puu Kekuakahea, and Puu Makahalau; unit D4 contains Heihei 
summit; unit D5 contains Nohona o Haeiki summit; unit D6 contains 
Nohona o Hae summit; unit D7 contains two unnamed puu; and unit D8 
contains Puu Papapa.

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[[Page 37015]]



Hawaii E

    The proposed unit Hawaii E provides occupied habitat for three 
species: Clermontia lindseyana, Clermontia pyrularia, and Phyllostegia 
racemosa. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on the island of Hawaii, and provides habitat to 
support 1 or more of the 8 to 10 populations for each species and 300 
mature individuals per population for Clermontia lindseyana, Clermontia 
pyrularia, and Phyllostegia racemosa, 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 Hawaii E).
    This unit contains a total of 2,992 ha (7,393 ac) on State, 
Federal, and private lands. It is bounded on the north by Kaawali 
watershed and on the south by Umauma watershed and contains portions of 
the Haakoa, Kaiwilahilahi, and Waikaumalu watersheds. This unit 
contains portions of the Hakalau Forest NWR and the Hilo Forest 
Reserve. Natural features found in this unit are Nauhi Gulch and Puu 
Lahohinu.

[[Page 37016]]

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[[Page 37017]]



Hawaii F

    The proposed unit Hawaii F provides occupied habitat for six 
species: Cyanea platyphylla, Cyanea shipmanii, Cyrtandra giffardii, 
Cyrtandra tintinnabula, Phyllostegia racemosa, Phyllostegia warshaueri. 
It is proposed for designation because it contains the physical and 
biological features that are considered essential for its conservation 
on the island of Hawaii, and provides habitat to support 1 or more of 
the 8 to 10 populations for this species and 300 mature individuals per 
population of Cyanea platyphylla, Cyanea shipmanii, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Phyllostegia racemosa, Phyllostegia 
warshaueri, throughout their known historical range considered by the 
recovery plans to be necessary for the conservation of these species.
    This unit also provides unoccupied habitat for one species: 
Clermontia peleana. 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 the island of Hawaii, and provides habitat to support 1 or more 
additional populations necessary to meet the recovery objectives of 8 
to 10 populations and 100 mature individuals per population, throughout 
its known historical range (see the discussion of conservation 
requirements in Section D, and in the table for Hawaii F).
    This unit contains a total of 13,906 ha (34,363 ac) on State, 
Federal, and private lands. This unit contains portions of the Haakoa, 
Hakalau, Honolii, Kaawalii, Kaiwiki, Kaiwilahilahi, Kapue, Kaula, 
Kawainui, Kilau, Kolekole, Laupahoehoe, Manoloa, Manowaiopae, Maulua, 
Nanue, Ninole, Pahale, Pahoehoe, Pohakupuka, Umauma, Waiaama, 
Waikaumalo, Wailuku, and Waipunalei watersheds. Unit F contains 
portions of the Hakalau Forest National Wildlife Refuge, Hilo Forest 
Reserve, Laupahoehoe Natural Area Reserve and Manowaialee Forest 
Reserve. The natural features include Haakoa Stream, Kaawalii Stream, 
Kaiwilahilahi Stream, Kaloaloa (summit), Kaula Stream, Magnetic Hill, 
Pahale Stream, Painiu Stream, and Waikaumalo Stream.

[[Page 37018]]

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[[Page 37019]]



Hawaii G

    The proposed unit Hawaii F provides occupied habitat for 11 
species: Argyroxiphium kauense, Asplenium fragile var. insulare, 
Clermontia lindseyana, Cyanea platyphylla, Cyanea shipmanii, Cyanea 
stictophylla, Cyrtandra giffardii, Phyllostegia racemosa, Phyllostegia 
velutina, Plantago hawaiense, and Sicyos alba. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on the island of 
Hawaii, and provides habitat to support 1 or more of the 8 to 10 
populations for each species and 300 mature individuals per population 
for Asplenium fragile var. insulare, Clermontia lindseyana, Cyanea 
platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra 
giffardii, Phyllostegia racemosa, Phyllostegia velutina, Plantago 
hawaiense, and Sicyos alba, or greater than 100,000 total individuals 
for Argyroxiphium kauense, throughout their known historical range 
considered by the recovery plans to be necessary for the conservation 
of these species.
    This unit also provides unoccupied habitat for one species: 
Clermontia peleana. 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 the island of Hawaii, and provides habitat to support 1 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 Hawaii G).
    This unit contains a total of 32,286 ha (79,781 ac) on State, 
Federal, and privately owned lands. It is in portions of Kaahakini, 
Wailoa, and Wailuku watersheds. It contains portions of the Hawaii 
Volcanoes National Park, Mauna Loa Forest Reserve, Hilo Forest Reserve, 
Olaa Forest Reserve, Puu Makaala Natural Area Reserve, Upper Waiakea 
Forest Reserve, and Waiakea 1942 Lava Flow Natural Area Reserve. The 
natural features of this unit include Kulani (summit), Lava Flow Of 
1852, Lava Flow Of 1855, Lava Flow Of 1881, Puu Kipu, Puu Lalaau, Puu 
Lau, Puu Makaala, Solomons Waterhole, Waipahoehoe Gulch, and Waterhole 
Spring.

[[Page 37020]]

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[[Page 37021]]


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[[Page 37022]]



Hawaii H

    The proposed unit Hawaii H provides occupied habitat for four 
species: Argyroxiphium kauense, Phyllostegia racemosa, Plantago 
hawaiensis, and Silene hawaiiensis. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on the island of Hawaii, 
and provides habitat to support 1 or more of the 8 to 10 populations of 
Phyllostegia racemosa, Plantago hawaiensis, and Silene hawaiiensis and 
300 mature individuals per population for Phyllostegia racemosa, 
Plantago hawaiensis, and Silene hawaiiensis, or greater than 100,000 
total individuals for Argyroxiphium kauense, 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 Hawaii H).
    This unit contains a total of 5,322 ha (13,151 ac) on State, 
Federal and privately owned lands. This unit is in the Kapapala 
watershed and contains a portion of Hawaii Volcanoes National Park. The 
natural features of this unit include the Keamoku Lava Flows, Kipuka 
Kulalilo, and Kipuka Maunaiu.

[[Page 37023]]

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[[Page 37024]]



Hawaii I

    The proposed unit Hawaii I provides occupied habitat for two 
species: Hibiscadelphus giffardianus and Melicope zahlbruckneri. It is 
proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on the island of Hawaii, and provides habitat to support 1 
or more of the 8 to 10 populations for each species and 100 mature 
individuals per population for Hibiscadelphus giffardianus and Melicope 
zahlbruckneri, 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 Hawaii I).
    This unit contains a total of 522 ha (1,290 ac) on Federal and 
privately owned lands. It lies in the Kapapala watershed and in the 
Hawaii Volcanoes National Park. This unit contains the natural features 
Kipuka Ki and Kipuka Puaulu.

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[[Page 37026]]



Hawaii J

    The proposed unit Hawaii J provides occupied habitat for one 
species: Adenophorus periens. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 300 mature 
individuals per population for A. periens, throughout its known 
historical range considered by the recovery plan to be necessary for 
the conservation of this species (see the discussion of conservation 
requirements in Section D, and in the table for Hawaii J).
    This unit contains a total of 5,065 ha (12,516 ac) on State, 
Federal, and privately owned lands. This unit lies in the Kaahakini 
watershed in the north and the Kilauea watershed in the south. This 
unit contains a portion of the Hawaii Volcanoes National Park and 
Kahaulea Natural Area Reserve. The natural features of this unit 
include the Lava Flows of 1969, 1970, and 1972.

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[[Page 37028]]



Hawaii K

    The proposed unit Hawaii J provides occupied habitat for five 
species: Argyroxiphium kauense, Asplenium fragile var. insulare, 
Clermontia lindseyana, Cyanea stictophylla, and Phyllostegia velutina. 
It is proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on the island of Hawaii, and provides habitat to support 1 
or more of the 8 to 10 populations for each species and 300 mature 
individuals per population for Phyllostegia racemosa, Plantago 
hawaiensis, and Silene hawaiiensis, or greater than 100,000 total 
individuals for Argyroxiphium kauense, throughout their known 
historical range considered by the recovery plans to be necessary for 
the conservation of each species. This unit also provides unoccupied 
habitat for one species: Melicope zahlbruckneri. 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 the island of Hawaii, and provides 
habitat to support 1 or more additional populations necessary to meet 
the recovery objectives of 8 to 10 populations and 100 mature 
individuals per population, throughout its known historical range (see 
the discussion of conservation requirements in Section D, and in the 
table for Hawaii K).
    This unit contains a total of 15,294 ha (37,792 ac) on State and 
privately owned lands. This unit lies mostly in the Pahala watershed 
but has a small portion in the Kapapala watershed in the northeast and 
the Hilea watershed in the southwest. It contains a portion of the Kau 
Forest Reserve and the Kapapala Forest Reserve. The natural features of 
this unit include Maunaanu Waterhole and Puu Kinikini.

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[[Page 37030]]



Hawaii L

    The proposed unit Hawaii L provides occupied habitat for three 
species: Pleomele hawaiiensis, Portulaca sclerocarpa, and Sesbania 
tomentosa. It is proposed for designation because it contains the 
physical and biological features that are considered essential for 
their conservation on the island of Hawaii, and provides habitat to 
support 1 or more of the 8 to 10 populations for each species and 100 
mature individuals per population for Pleomele hawaiiensis, or 300 
mature individuals per population for Portulaca sclerocarpa and 
Sesbania tomentosa, throughout their known historical range considered 
by the recovery plans to be necessary for the conservation of each 
species (see the discussion of conservation requirements in Section D, 
and in the table for Hawaii L).
    This unit contains a total of 38,505 ha (95,148 ac) on Federal and 
State lands. This unit is mainly in the Kapapala watershed and has a 
portion in the Kilauea watershed in the east and the Pahala watershed 
in the west. This unit lies completely in the Hawaii Volcanoes National 
Park. Natural features of this unit include Alae Crater, Aloi Crater, 
Byron Ledge, Chain Of Craters, Cinder Cone (summit), Devils Throat 
(crater), Halape (cape), Halemaoli (summit), Halemaumau (crater), 
Hiiaka Crater, Hilina Pali (pali = cliff), Holei Pali, Kahue Point, 
Kalanaokuaiki Pali, Kamakaia Hills, Kamakaia Lava Flow, Kamakaiauka 
(summit), Kamakaiawaena (summit), Kamooalii Lava Flow, Kau Desert, 
Keana Bihopa (summit), Keanakakoi Crater, Kilauea Crater, Kilauea Iki 
Crater, Kipuka Keana Bihopa (lava flow), Kipuka Pepeiau, Kokoolau 
Crater, Kukalauula Pali, Lava Flow Of 1919, Lava Flow Of 1920, Lava 
Flow Of 1921, Lava Flow Of 1954, Lava Flow Of 1961, Lava Flow of 1959, 
Lava Flow of 1961, Lele o Kalihipaa (cliff), Lua Manu Crater, Makahanu 
Pali, Pauahi Crater, Poliokeawe Pali, Puhimau Crater, Puu Huluhulu, Puu 
Kaone, Puu Kapukapu, Puu Koae, Puu Puai, Puueo Pali, Spatter Cone, 
Steaming Bluff, Uwekahuna Bluff, Waiwelawela Point, and Waldron Ledge.

[[Page 37031]]

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[[Page 37032]]



Hawaii M

    The proposed unit Hawaii M (subunits M1 through M5) provides 
occupied habitat for one species: Ischaemum byrone. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for its conservation on the island of 
Hawaii, and provides habitat to support 1 or more of the 8 to 10 
populations for this species and 300 mature individuals per population 
throughout its known historical range considered by the recovery plan 
to be necessary for the conservation of this species (see the 
discussion of conservation requirements in Section D, and in the table 
for Hawaii M).
    This unit cluster contains a total of 967 ha (2,386 ac) on State, 
Federal, and private lands. M1 and M2 lie in the Kaahakini watershed 
along the coast and M3, M4, and M5 lie in the Kilauea watershed along 
the coast. M3 contains the MacKenzie State Recreation Area and a 
portion of the Malama-Ki Forest Reserve and M5 lies completely in 
Hawaii Volcanoes National Park. The natural features of this unit 
cluster include: M1, no named features but the unit lies just south of 
Leleiwi Point; M2, no named features but the unit lies adjacent to 
Opihi Rock, an off-shore islet; M3, Kaakepa (summit) and Lililoa 
(cape); M4, Waipuku Point; and M5, Puu Manawalea.

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[[Page 37034]]



Hawaii N

    The proposed unit Hawaii N (N1 and N2) provides occupied habitat 
for one species: Sesbania tomentosa. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for its conservation on the island of Hawaii, and 
provides habitat to support 1 or more of the 8 to 10 populations and 
300 mature individuals per population for this species, throughout its 
known historical range considered by the recovery plan to be necessary 
for the conservation of this species (see the discussion of 
conservation requirements in Section D, and in the table for Hawaii N).
    This unit cluster contains a total of 476 ha (1,178 ac) on State 
and Federal lands. This unit is in the South Point watershed along the 
coast. The natural features of this unit include: N1, Keoneokanuku Bay 
and N2, Kaalo (bay), Kahawai Kolono (stream), Kahukupoko (cape), 
Kaulani (cape), Kipuka Hanalua, Kipuka Kaahue, Lua (crate), Makalei, 
Lua o Palahemo (lake), Luakeananolo (bay), Pali Haukeuke, and Puu o 
Mahana.

[[Page 37035]]

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[[Page 37036]]



Hawaii O

    The proposed unit Hawaii O provides occupied habitat for one 
species: Mariscus fauriei. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 300 mature 
individuals per population, throughout its known historical range 
considered by the recovery plan to be necessary for the conservation of 
this species (see the discussion of conservation requirements in 
Section D, and in the table for Hawaii O).
    This unit contains a total of 215 ha (531 ac) on State and private 
lands. This unit lies in the South Point Watershed. This unit has no 
named natural features but lies between Kipuka Puu Kou in the east and 
the Kamaoa Homesteads in the west.

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[[Page 37038]]



Hawaii P

    The proposed unit Hawaii P provides occupied habitat for one 
species: Pleomele hawaiiensis. It is proposed for designation because 
it contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 100 mature 
individuals per population for Pleomele hawaiiensis throughout its 
known historical range considered by the recovery plan to be necessary 
for the conservation of this species (see the discussion of 
conservation requirements in Section D, and in the table for Hawaii P).
    This unit contains a total of 547 ha (1,351 ac) on State and 
privately owned lands. This unit lies completely in the Kauna 
watershed. Natural features of this unit include Kipuka Kapulehu, 
Kipuka Mamane, and the Lava Flow of 1887.

[[Page 37039]]

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[[Page 37040]]



Hawaii Q

    The proposed unit Hawaii Q provides occupied habitat for five 
species: Colubrina oppositifolia, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, and Neraudia ovata. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on the island of Hawaii, 
and provides habitat to support 1 or more of the 8 to 10 populations 
for each species and 100 mature individuals per population for 
Colubrina oppositifolia and Flueggea neowawraea, or 300 mature 
individuals per population for Diellia erecta, Gouania vitifolia, and 
Neraudia ovata, 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 Hawaii Q).
    This unit contains a total of 3,549 ha (8,770 ac) on State and 
privately owned lands. This unit lies mostly in the Kauna watershed 
with a portion in the Kiilae in the southwest. A large portion of this 
unit lies in the Manuka Natural Area Reserve. The natural features in 
this unit include unnamed lava flows and tubes.

[[Page 37041]]

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[[Page 37042]]



Hawaii R

    The proposed unit Hawaii R provides occupied habitat for two 
species: Diellia erecta and Flueggea neowawraea. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for their conservation on the island of 
Hawaii, and provides habitat to support 1 or more of the 8 to 10 
populations for each species and 100 mature individuals per population 
for Flueggea neowawraea, or 300 mature individuals per population for 
Diellia erecta, 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 Hawaii R).
    This unit contains a total of 387 ha (955 ac) on State and 
privately owned lands. This unit lies in the Kiilae watershed and lies 
mostly in the South Kona Forest Reserve. There are no named natural 
features in this unit.

[[Page 37043]]

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[[Page 37044]]



Hawaii S

    The proposed unit Hawaii S provides occupied habitat for two 
species: Cyanea hamatiflora ssp. carlsonii and Cyanea stictophylla. It 
is proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on the island of Hawaii, and provides habitat to support 1 
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 (see the discussion of conservation requirements in 
Section D, and in the table for Hawaii S).
    This unit contains a total of 383 ha (947 ac) on State and 
privately owned lands. This unit is in the Kiilae watershed. This unit 
contains a portion of the Kipahoehoe Natural Area Reserve. The natural 
feature of this unit includes a portion of the Lava Flow of 1919.

[[Page 37045]]

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[[Page 37046]]



Hawaii T

    The proposed unit Hawaii T provides occupied habitat for one 
species: Cyanea stictophylla. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 300 mature 
individuals per population for this species throughout its known 
historical range considered by the recovery plan to be necessary for 
the conservation of this species.
    This unit also provides unoccupied habitat for one species: Cyanea 
hamatiflora ssp. carlsonii. 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 the island of Hawaii, and provides habitat to support 1 or more 
additional populations necessary to meet the recovery objective of 8 to 
10 populations and 300 mature individuals per population for this 
species throughout its known historical range (see the discussion of 
conservation requirements in Section D, and in the table for Hawaii T).
    This unit contains a total of 1,489 ha (3,681 ac) on State and 
privately owned lands. This unit is in the Kiilae watershed contains a 
portions of the South Kona Forest Reserve. Natural features of this 
unit include portions of the Lava Flow of 1950.

[[Page 37047]]

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[[Page 37048]]



Hawaii U

    The proposed unit Hawaii U provides occupied habitat for one 
species: Cyanea hamatiflora ssp. carlsonii. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for the conservation of Cyanea 
hamatiflora ssp. carlsonii on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations for this 
species and 300 mature individuals per population throughout its known 
historical range considered by the recovery plan to be necessary for 
the conservation of this species (see the discussion of conservation 
requirements in Section D, and in the table for Hawaii U).
    This unit contains a total of 615 ha (1,520 ac) on Federal land. 
This unit is in the Kiilae watershed and lies in a portion of the 
Hakalau Forest National Wildlife Refuge, Kona Unit. There are no named 
natural features of this unit.

[[Page 37049]]

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[[Page 37050]]



Hawaii V

    The proposed unit Hawaii V provides occupied habitat for one 
species: Nothocestrum breviflorum. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for its conservation on the island of Hawaii, and 
provides habitat to support 1 or more of the 8 to 10 populations and 
100 mature individuals per population for Nothocestrum breviflorum 
throughout its known historical range considered by the recovery plan 
to be necessary for the conservation of this species (see the 
discussion of conservation requirements in Section D, and in the table 
for Hawaii V).
    This unit contains a total of 951 ha (2,351 ac) on privately owned 
land. This unit is in the Kiilae watershed in the south and Kealakekua 
watershed in the north. this unit has no named natural features.

[[Page 37051]]

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[[Page 37052]]



Hawaii W

    The proposed unit Hawaii W provides occupied habitat for one 
species: Delissea undulata. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 300 mature 
individuals per population for Delissea undulata throughout its known 
historical range considered by the recovery plan to be necessary for 
the conservation of this species.
    This unit also provides unoccupied habitat for one species: Solanum 
incompletum. 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 the 
island of Hawaii, and provides habitat to support 1 or more additional 
populations necessary to meet the recovery objectives of 8 to 10 
populations and 300 mature individuals per population for Solanum 
incompletum throughout its known historical range (see the discussion 
of conservation requirements in Section D, and in the table for Hawaii 
W).
    This unit contains a total of 1,479 ha (3,654 ac) on private land. 
This unit lies in the Waiaha watershed. The natural area of this unit 
includes Puu Lehua and a portion of Kipuka Paluli.

[[Page 37053]]

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[[Page 37054]]



Hawaii X

    The proposed unit Hawaii X provides occupied habitat for one 
species: Cyanea hamatiflora ssp. carlsonii. It is proposed for 
designation because it contains the physical and biological features 
that are considered essential for its conservation on the island of 
Hawaii, and provides habitat to support 1 or more of the 8 to 10 
populations and 300 mature individuals per population for Cyanea 
hamatiflora ssp. carlsonii throughout its known historical range 
considered by the recovery plan to be necessary for the conservation of 
this species (see the discussion of conservation requirements in 
Section D, and in the table for Hawaii X).
    This unit contains a total of 138 ha (340 ac) on State owned lands. 
This unit is in the Waiaha watershed and contains a portion of the 
Honuaula Forest Reserve. There are no named natural features in this 
unit, though it lies southwest of Puu Laalaau.

[[Page 37055]]

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[[Page 37056]]



Hawaii Y

    The proposed unit Hawaii Y (subunits Y1 and Y2) provides occupied 
habitat for two species: Isodendrion pyrifolium and Neraudia ovata. It 
is proposed for designation because it contains the physical and 
biological features that are considered essential for their 
conservation on the island of Hawaii, and provides habitat to support 1 
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 (see the discussion of conservation requirements in 
Section D, and in the table for Hawaii Y).
    This unit cluster contains a total of 546 ha (1,350 ac) on State 
and privately owned lands. This unit is in the Keahole watershed in the 
north and the Waiaha watershed in the south and contains a portion of 
the Honokohau watershed. There are no named natural features in this 
unit but it lies between the Queen Kaahumanu Highway (in the west) and 
Palani Road (in the east). It is inland and east of Honokohau Bay and 
inland and north of Kalani Bay.

[[Page 37057]]

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[[Page 37058]]



Hawaii Z

    The proposed unit Hawaii Z provides occupied habitat for 12 
species: Bonamia menziesii, Colubrina oppositifolia, Cyanea 
stictophylla, Delissea undulata, Flueggea neowawraea, Hibiscadelphus 
hualalaiensis, Hibiscus brackenridgei, Nothocestrum breviflorum, 
Phyllostegia velutina, Plantago hawaiensis, Pleomele hawaiiensis, and 
Zanthoxylum dipetalum var. tomentosum. It is proposed for designation 
because it contains the physical and biological features that are 
considered essential for their conservation on the island of Hawaii, 
and provides habitat to support 1 or more of the 8 to 10 populations 
for each species and 100 mature individuals per population for 
Colubrina oppositifolia, Flueggea neowawraea, Hibiscadelphus 
hualalaiensis, Nothocestrum breviflorum, Pleomele hawaiiensis, and 
Zanthoxylum dipetalum var. tomentosum, or 300 mature individuals per 
population for Bonamia menziesii, Cyanea stictophylla, Delissea 
undulata, Hibiscus brackenridgei, Phyllostegia velutina, and Plantago 
hawaiensis, 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 Hawaii Z).
    This unit contains a total of 10,738 ha (26,535 ac) on State and 
privately owned lands. This unit is predominately in the Kiholo 
watershed in the north with portions in the Honokohau, Keahole, and 
Waiaha in the southwest. This unit also contains most of the Puu Waawaa 
Wildilfe Sanctuary. The natural features of this unit include 
Hinakapoula (summit), Kalulu (summit), Kaupulehu Crater, Kileo 
(summit), Poohohoo (summit), Puu Huluhulu, Puu Iki, Puu Paha, and Puu 
Waawaa.

[[Page 37059]]

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[[Page 37060]]


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[[Page 37061]]



Hawaii AA

    The proposed unit Hawaii AA provides occupied habitat for 10 
species: Asplenium fragile var insulare, Hedyotis coriacea, Neraudia 
ovata, Portulaca sclerocarpa, Silene hawaiiensis, Silene lanceolata, 
Solanum incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, 
and Zanthoxylum hawaiiense. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for their conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations for each 
species and 100 mature individuals per population for Zanthoxylum 
hawaiiense, or 300 mature individuals per population for Asplenium 
fragile var insulare, Hedyotis coriacea, Neraudia ovata, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, and Tetramolopium arenarium, 
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 Hawaii AA).
    This unit contains a total of 28,384 ha (70,138 ac) on State, 
Federal, and privately owned lands and land under Federal jurisdiction. 
This unit lies predominately in the Pohakuloa watershed with the 
western edge in the Kiholo watershed. This unit also contains a small 
portion of the Mauna Loa Forest Reserve and the Mauna Loa Forest 
Reserve and portions of the Pohakuloa Training Area The natural 
features of this unit include Kipuka Alala, Kipuka Kalawamauna, Lava 
Flow of 1843, Naohueleelua (summit), Puu Ka Pele, Puu Kea, Puu Keekee, 
Puuahi, and Waikahalulu Gulch.

[[Page 37062]]

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[[Page 37063]]


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[[Page 37064]]



Hawaii BB

    The proposed unit Hawaii BB provides occupied habitat for one 
species: Sesbania tomentosa. It is proposed for designation because it 
contains the physical and biological features that are considered 
essential for its conservation on the island of Hawaii, and provides 
habitat to support 1 or more of the 8 to 10 populations and 300 mature 
individuals per population for Sesbania tomentosa throughout its known 
historical range considered by the recovery plan to be necessary for 
the conservation of this species (see the discussion of conservation 
requirements in Section D, and in the table for Hawaii BB).
    This unit contains a total of 43 ha (106 ac) on State owned land. 
This unit lies in the Keahole watershed along the coast and contains a 
portion of Kekaha State Park. There are no named natural features in 
this unit but it lies between Mahaiula Bay and Makolea Point.

[[Page 37065]]

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[[Page 37066]]



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 of critical habitat occurs when a Federal action 
directly or indirectly alters critical habitat to the extent it 
appreciably diminishes the value of critical habitat for the 
conservation of the species. Individuals, organizations, States, local 
governments, and other non-Federal entities are affected by the 
designation of critical habitat only if their actions occur on Federal 
lands, require a Federal permit, license, or other authorization, or 
involve Federal funding.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with us on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. Conference reports 
provide conservation recommendations to assist the agency in 
eliminating conflicts that may be caused by the proposed action. The 
conservation recommendations in a conference report are advisory.
    We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species was 
listed or critical habitat was designated. We may adopt the formal 
conference report as the biological opinion when the species is listed 
or critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)).
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
formal 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 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 circumstance, 
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 47 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 (FHWA), 
Federal Aviation Administration (FAA), Federal Emergency Management 
Agency (FEMA)), permits from the Department of Housing and Urban 
Development (HUD), activities funded by the U.S. Environmental 
Protection Agency (EPA), Department of Energy (DOE), or any other 
Federal agency; regulation of airport improvement activities by FAA; 
and construction of communication sites licensed by the Federal 
Communication Commission (FCC) will also continue to be subject to the 
section 7 consultation process. Federal actions not affecting critical 
habitat and actions on non-Federal lands that are not federally funded, 
authorized, or permitted do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. We 
note that such activities may also jeopardize the continued existence 
of the species.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly destroy or adversely modify 
critical habitat include, but are not limited to:
    (1) Activities that appreciably degrade or destroy the primary 
constituent elements including but not limited to: overgrazing; 
maintenance of feral ungulates; clearing or cutting of native live 
trees and shrubs, whether by burning or mechanical, chemical, or other 
means (e.g., woodcutting, bulldozing, construction, road building, 
mining, herbicide application); introducing or enabling the spread of 
nonnative species; and taking actions that pose a risk of fire.
    (2) Activities that alter watershed characteristics in ways that 
would appreciably reduce groundwater recharge or alter natural, dynamic 
wetland or other vegetative communities. Such activities may include 
water diversion or impoundment, excess groundwater pumping, 
manipulation of vegetation such as timber harvesting, residential and 
commercial development, and grazing of livestock or horses that 
degrades watershed values.
    (3) Rural residential construction that includes concrete pads for 
foundations and the installation of septic systems where a permit under 
section 404 of the Clean Water Act would be required by the Corps.
    (4) Recreational activities that appreciably degrade vegetation.
    (5) Mining of cinder or sand or other minerals.
    (6) Introducing or encouraging the spread of non-native plant 
species.
    (7) Importation of non-native species for research, agriculture, 
and aquaculture, and the release of biological control agents that 
would have unanticipated effects on the primary constituent elements of 
designated critical habitat.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Pacific Islands Ecological Services Field Office (see 
ADDRESSES

[[Page 37067]]

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 ensure that the HCPs provide for protection and 
management of habitat areas essential to the conservation of the 
species. This will be accomplished by either directing development and 
habitat modification to nonessential areas, or appropriately modifying 
activities within essential habitat areas so that such activities will 
not adversely modify the primary constituent elements. The HCP 
development process would provide an opportunity for more intensive 
data collection and analysis regarding the use of particular areas by 
these plant species.

Economic and Other Relevant Impacts

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. However, we cannot exclude such areas from critical habitat if 
the exclusion will result in the extinction of the species concerned. 
We will conduct an analysis of the economic impacts of designating 
these areas as critical habitat in light of this proposal and in 
accordance with recent decisions in the N.M. Cattlegrowers Ass'n v. 
U.S. Fish and Wildlife Serv., 248 F.3d 1277 (10th Cir. 2001) prior to a 
final determination. The economic analysis will include detailed 
information on the baseline costs and benefits of the critical habitat 
designation regardless of whether the costs are coextensive with 
listing, where such estimates are available. This information on the 
baseline will allow a fuller appreciation of the economic impacts 
associated with critical habitat designation. When completed, we will 
announce the availability of the 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 any public 
hearings, if requested, to make final critical habitat designations. We 
may exclude areas from critical habitat upon a determination that the 
benefits of such exclusions outweigh the benefits of specifying such 
areas as part of critical habitat; however, we cannot exclude areas 
from critical habitat when such exclusion will result in the extinction 
of the species.

Public Comments Solicited

    It is our intent that any final action resulting from this proposal 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry or any other interested 
party concerning this proposed rule.
    We invite comments from the public that provide information on 
whether lands within proposed critical habitat are currently being 
managed to address conservation needs of these listed plants. As stated 
earlier in this proposed rule, if we receive information that any of 
the areas proposed as critical habitat are adequately managed, we may 
delete such areas from the final rule, because they would not meet the 
definition in section 3(5)(A)(i) of the Act. In determining adequacy of 
management, we must find that the management effort is sufficiently 
certain to be implemented and effective so as to contribute to the 
elimination or adequate reduction of relevant threats to the species.
    We are soliciting comment in this proposed rule on whether current 
land management plans or practices applied within areas proposed as 
critical habitat adequately address the threat to these listed species.
    We are aware that the State of Hawaii and some private landowners 
are considering the development and implementation of land management 
plans or agreements that may promote the conservation and recovery of 
endangered and threatened plant species on the island of Hawaii. 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);
    (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 47 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, energy development, low income households, and local 
governments;
    (6) economic and other potential values associated with designating 
critical habitat for the above plant species such as those derived from 
non-consumptive uses (e.g., hiking, camping, birding, enhanced 
watershed protection, increased soil retention, ``existence values,'' 
and reductions in administrative costs);
    (7) the methodology we might use, under section 4(b)(2) of the Act, 
in determining if the benefits of excluding an area from critical 
habitat outweigh the benefits of specifying the area as critical 
habitat; and
    (8) the effects of critical habitat designation on military lands, 
and how it would affect military activities, particularly military 
activities at the Pohakuloa Training Area lands on the island of 
Hawaii. Whether there will be a significant impact on military 
readiness or national security if we designate critical habitat on 
these facilities. Whether these facilities should be excluded from the 
designation under section 4(b)(2) of the Act.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address, which

[[Page 37068]]

we will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this request prominently at the beginning of your 
comment. However, we will not consider anonymous comments. To the 
extent consistent with applicable law, we will make all submissions 
from organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety. Comments 
and materials received will be available for public inspection, by 
appointment, during normal business hours at the above address (see 
ADDRESSES section).
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any of several methods: You may submit 
written comments and information to the Field Supervisor, U.S. Fish and 
Wildlife Service, Pacific Islands Office, 300 Ala Moana Blvd., P.O. Box 
50088, Honolulu, HI 96850-0001. You may hand-deliver comments to our 
Honolulu Fish and Wildlife Office at the address above. You may send 
comments by electronic mail (e-mail) to: [email protected]. If you submit comments by e-mail, please submit 
them as an ASCII file and avoid the use of special characters and any 
form of encryption. Please also include ``Attn: RIN 1018-AH02'' and 
your name and return address in your e-mail message. If you do not 
receive a confirmation from the system that we have received your e-
mail message, contact us directly by calling our Honolulu Fish and 
Wildlife Office at telephone number 808/541-3441.
    The comment period closes on July 29, 2002. 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 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 
rule 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 Delissea undulata, Hibiscus brackenridgei, 
Mariscus fauriei, Mariscus pennatiformis, and Phyllostegia parviflora 
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 the 
island of Hawaii before we can prepare and publish a notice of 
taxonomic changes for these five species. We propose to publish a 
taxonomic change notice for these five species after we have published 
the final critical habitat designations on the island of Hawaii.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below. We 
are preparing an economic analysis of this proposed action, which will 
be available for public comment, to determine the economic consequences 
of designating the specific areas identified as critical habitat. The 
availability of the draft economic analysis will be announced in the 
Federal Register so that it is available for public review and 
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 47 plant species were listed as threatened 
or endangered can be found in Table 4(b). Consequently, and as needed, 
we 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 37069]]



            Table 6.--Impacts of Critical Habitat Designation for 47 Plants From the Island of Hawaii
----------------------------------------------------------------------------------------------------------------
                                                                                       Additional activities
                                     Activities potentially affected by species       potentially affected by
     Categories of activities                       listing only                   critical habitat designation
                                                                                                \1\
----------------------------------------------------------------------------------------------------------------
Federal Activities Potentially     Activities conducted by the Army Corps of      These same activities carried
 Affected \2\.                      Engineers, Department of Transportation,       out by Federal Agencies in
                                    Department of Defense, Department of           designated areas where
                                    Agriculture, Environmental Protection          section 7 consultations would
                                    Agency, Federal Emergency Management Agency,   not have occurred but for the
                                    Federal Aviation Administration, Federal       critical habitat designation.
                                    Communications 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 require a Federal action       These same activities carried
 Activities Potentially Affected    (permit, authorization, or funding) and may    out by Federal Agencies in
 \3\.                               remove or destroy habitat for these plants     designated areas where
                                    by mechanical, chemical, or other means        section 7 consultations would
                                    (e.g., overgrazing, clearing, cutting native   not have occurred but for the
                                    live trees and shrubs, water diversion,        critical habitat 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 actions that could potentially 
cause an adverse modification of the proposed critical habitat would 
currently be considered as ``jeopardy'' under the Act in areas occupied 
by the species because consultation would already be required due to 
the presence of the listed species, and the duty to avoid adverse 
modification of critical habitat would not trigger additional 
regulatory impacts beyond the duty to avoid jeopardizing the species. 
Accordingly, we do not expect the designation of currently occupied 
areas as critical habitat to have any additional incremental impacts on 
what actions may or may not be conducted by Federal agencies or non-
Federal persons that receive Federal authorization or funding.
    The designation of areas as critical habitat where section 7 
consultations would not have occurred but for the critical habitat 
designation (that is, in areas currently unoccupied by the listed 
species), may have impacts that are not attributable to the species 
listing on what actions may or may not be conducted by Federal agencies 
or non-Federal persons who receive Federal authorization or funding. We 
will evaluate any impact through our economic analysis (under section 4 
of the Act; see Economic Analysis section of this rule). Non-Federal 
persons who do not have a Federal nexus with their actions are not 
restricted by the designation of critical habitat.
    b. We do not believe this rule will 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 47 plant species since their listing between 1991 and 
1996. For the reasons discussed above, the prohibition against adverse 
modification of critical habitat would be expected to impose few, if 
any, additional restrictions to those that currently exist in the 
proposed critical habitat on currently occupied lands. However, we will 
evaluate any impact of designating areas where section 7 consultations 
would not have occurred but for the critical habitat designation 
through our economic analysis. Because of the potential for impacts on 
other Federal agency activities, we will continue to review this 
proposed action for any inconsistencies with other Federal agency 
actions.
    c. We do not expect this proposed rule, if made final, would 
materially affect entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Federal agencies are 
currently required to ensure that their activities do not jeopardize 
the continued existence of 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 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

[[Page 37070]]

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 are 
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 Achyranthes mutica, Adenophorus periens, Argyroxiphium 
kauense, Asplenium fragile var. insulare, Bonamia menziesii, Clermontia 
drepanomorpha, Clermontia lindseyana, Clermontia peleana, Clermontia 
pyrularia, Colubrina oppositifolia, Cyanea hamatiflora ssp. carlsonii, 
Cyanea platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Delissea undulata, Diellia erecta, 
Flueggea neowawraea, Gouania vitifolia, Hedyotis coriacea, 
Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, Hibiscus 
brackenridgei, Ischaemum byrone, Isodendrion hosakae, Isodendrion 
pyrifolium, Mariscus fauriei, Melicope zahlbruckneri, Neraudia ovata, 
Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia velutina, 
Phyllostegia warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, 
Portulaca sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene 
hawaiiensis, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Tetramolopium arenarium, Vigna o-wahuensis, Zanthoxylum 
dipetalum ssp. tomentosum, 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 are present, we do not 
believe this will result in any additional regulatory burden on Federal 
agencies or their applicants because consultation would already be 
required due to the presence of the listed species, and the duty to 
avoid adverse modification of critical habitat likely would not trigger 
additional regulatory impacts beyond the duty to avoid jeopardizing the 
species.
    Even if the duty to avoid adverse modification does not trigger 
additional regulatory impacts in areas where the species is present, 
designation of critical habitat could result in an addition economic 
burden on small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities. However, since these 47 
species were listed (between 1991 and 1996), on the island of Hawaii we 
have conducted only two formal and 20 informal consultations, 11 of 
which concerned the Army's Pohakuloa Training Area (PTA), in addition 
to consultations on Federal grants to State wildlife programs, which do 
not affect small entities.
    One of the two formal consultations involving the 47 species was 
conducted with the Army regarding the addition of two firing lanes to 
Range 8 at PTA. Silene hawaiiensis, one of the 47 species, was the only 
listed species addressed in the biological opinion, which concluded 
that with implementation of the preferred alternative and accompanying 
mitigation procedures, the project was not likely to jeopardize the 
continued existence of the species. The other formal consultation was 
with the Federal Highways Administration (FHWA) on realignment of and 
improvements to Saddle Road. Silene hawaiiensis and the palila (or 
honeycreeper, Loxioides bailleui), a listed bird, were the two species 
addressed in the biological opinion, which concluded that with the 
conservation and mitigation measures built into the project by FHWA, 
the project was not likely to jeopardize the continued existence of the 
two species and was not likely to adversely modify critical habitat for 
the palila. Neither of the two formal consultations directly affected 
or concerned small entities. In both consultations, we concluded that 
the preferred alternative for the project, with accompanying 
conservation and mitigation procedures, was not likely to jeopardize 
the continued existence of the species. The only ongoing project is the 
Saddle Road realignment, which does not directly affect small entities. 
Neither of these formal consultations directly affected or concerned 
small entities, nor does the ongoing project directly affect small 
entities. As a result, the requirement to reinitiate consultation for 
ongoing projects will not affect a substantial number of small entities 
on the island of Hawaii.
    Three of the 20 informal consultations that have been conducted on 
the island of Hawaii concern the National Park Service's Hawaii 
Volcanoes National Park: one on fence construction to exclude ungulates 
regarding three of the 47 species (Asplenium fragile var. insulare, 
Plantago hawaiensis, and Silene hawaiiensis) as well as one listed bird 
and two listed plants not included in the 47 species in today's rule; 
one on use of the Marsokhod planetary rover at Kilauea Volcano's summit 
regarding Silene hawaiiensis; and one on outplanting food plants for 
the endangered Hawaiian nene goose regarding Sesbania tomentosa and two 
listed birds. Four informal consultations were conducted with the Army 
Corps of Engineers (ACOE): one for the Defense Environmental 
Restoration Program on removal of unexploded ordnance from the former 
Waikoloa Maneuver Area regarding Portulaca sclerocarpa; one on the 
Alenaio Stream flood control project in Hilo regarding Asplenium 
fragile var. insulare as well as several listed birds and a listed 
plant not included in today's rule; one for the Multi-Purpose Range 
Complex at PTA regarding

[[Page 37071]]

Asplenium fragile var. insulare, Hedyotis coriacea, Silene hawaiiensis, 
Silene lanceolata, and one listed plant not in today's rule; and one 
consultation for the Endangered Species Management Plan for PTA 
regarding eight of the 47 species (Asplenium fragile var. insulare, 
Hedyotis coriacea, Portulaca sclerocarpa, Silene hawaiiensis, Silene 
lanceolata, Solanum incompletum, Tetramolopium arenarium, and 
Zanthoxylum hawaiiense) and three listed plants not in today's rule. 
Eleven informal consultations were conducted with the Army concerning 
PTA: three on archery hunts regarding Silene hawaiiensis and three 
listed plants not in today's rule; one on a grenade machine gun range 
regarding Asplenium fragile var. insulare and Silene hawaiiensis; one 
on a quarry rock crusher regarding Silene hawaiiensis and a listed 
plant not in today's rule; one on the proposed acquisition of a Parker 
Ranch parcel regarding Silene lanceolata and a listed plant not in 
today's rule; one on military training regarding Hedyotis coriacea, 
Portulaca sclerocarpa, Silene hawaiiensis, Silene lanceolata, 
Tetramolopium arenarium, and Zanthoxylum hawaiiense; two on threats to 
rare plants from feral ungulates regarding eight of the 47 species 
(Asplenium fragile var. insulare, Hedyotis coriacea, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Tetramolopium arenarium, and Zanthoxylum hawaiiense) as 
well as three listed plants not in today's rule; one on the Ecosystem 
Management Plan regarding nine of the 47 species (Asplenium fragile 
var. insulare, Hedyotis coriacea, Neraudia ovata, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Tetramolopium arenarium, and Zanthoxylum hawaiiense) as 
well as the listed Hawaiian hoary bat and two listed plants not in 
today's rule; and one consultation concerning PTA's Ecosystem 
Management Plan, Endangered Species Management Plan, and Fire 
Management Plan regarding the same nine species, bat, and two listed 
plants referred to just above. Two informal consultations were 
conducted with the Federal Highways Administration on Kealakehe Parkway 
construction regarding four of the 47 species (Isodendrion pyrifolium, 
Mariscus fauriei, Nothocestrum breviflorum, and Pleomele hawaiiensis) 
as well as one listed plant not included in the 47 species in today's 
rule and Pritchardia affinis, for which we determine that the 
designation of critical habitat is not prudent in today's rule.
    None of these informal consultations directly affected or concerned 
small entities. In all 20 informal consultations, we concurred with 
each agency's determination that the project, as proposed or modified, 
was not likely to adversely affect listed species. The only ongoing 
projects are Kealakehe Parkway and those concerning military training 
and management plans at PTA, which do not directly affect small 
entities. None of these consultations directly affected or concerned 
small entities, and none of the ongoing projects directly affect small 
entities. Only a small percentage of the small entities would be 
affected indirectly. As a result, the requirement to reinitiate 
consultation for ongoing projects will not affect a substantial number 
of small entities on the island of Hawaii.
    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. Other 
than on military lands, notably the Army's PTA, Hawaii Volcanoes 
National Park, and construction for Saddle Road and Kealakehe Parkway, 
we are aware of few activities in the proposed critical habitat areas 
for these 47 plants that have Federal involvement, and thus, would 
require consultation or reinitiation of already completed consultations 
for ongoing projects. As mentioned above, we have conducted only two 
formal and 20 informal consultations under section 7 involving any of 
the species, most of them concerning PTA. As a result, other than for 
PTA, Hawaii Volcanoes National Park, Saddle Road, and Kealakehe, we 
cannot 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, with those exceptions, future 
consultations in the area proposed as critical habitat will be due to 
the critical habitat designations.
    On the island of Hawaii, approximately 33 percent of the 
designations are on Federal lands, 51 percent are on State lands, and 
16 percent are on private lands. Most of the land within the critical 
habitat units will have limited suitability for development, land uses, 
and activities because of the rather remote locations, limited access, 
and rugged terrain of these lands. Also, most of this land (84 percent) 
is within the State Conservation District where State land-use controls 
severely limit development and most activities. Approximately 16 
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. The majority of this land is 
under State ownership or large estates that do not qualify as small 
entities. Less than 1 percent of this land is within the State Urban 
District where land use and development (commercial, industrial, 
residential, etc.) are subject to the county community plans, zoning, 
building code regulations, and land-use regulations. On non-Federal 
lands, activities that lack Federal involvement would not be affected 
by the critical habitat designations. Activities of an economic nature 
that are likely to occur on non-Federal lands in the area encompassed 
by these proposed designations consist of improvements in State parks 
and communications and tracking facilities; road improvements; 
recreational use such as hiking, camping, picnicking, game hunting, 
fishing; and ranching, and crop farming. With the exception of 
communications and tracking facilities improvements by the Federal 
Aviation Administration or the Federal Communications Commission and 
road improvements by FHWA, 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 Army Corps of Engineers (ACOE), and watershed 
management and restoration projects sponsored by NRCS. However, the 
NRCS restoration projects typically are voluntary, and 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 almost 
exclusively 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 ACOE or Federal Emergency Management Agency, housing or resort 
development that may require permits from the Department of Housing and 
Urban Development, and activities funded or authorized by the 
Environmental Protection Agency. However, we are not aware of a 
significant number of future activities that would require federal 
funds,

[[Page 37072]]

permits, or authorizations in these coastal areas. Therefore, we 
conclude that the proposed rule would not affect a substantial number 
of small entities.
    Even if a substantial number of small entities were affected by the 
consultation requirements of the Act, which we believe would be highly 
unlikely based on the past consultation history for these 47 species, 
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. These measures must be economically feasible and within 
the scope of authority of the Federal agency involved in the 
consultation (see 50 CFR 404.2, definition of reasonable and prudent 
alternatives). 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 51 percent of the lands proposed as critical 
habitat are on State of Hawaii lands. The State of Hawaii is not a 
small entity. Approximately 16 percent of the lands proposed as 
critical habitat are on private lands, the majority owned by large 
estates that do not qualify as small entities. Many of the private 
parcels are located in areas where likely future land uses are not 
expected to result in Federal involvement or section 7 consultations. 
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 
economic 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 military training activities, federally funded highway 
construction, 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 would not likely 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: Achyranthes mutica, Adenophorus 
periens, Argyroxiphium kauense, Asplenium fragile var. insulare, 
Bonamia menziesii, Clermontia drepanomorpha, Clermontia lindseyana, 
Clermontia peleana, Clermontia pyrularia, Colubrina oppositifolia, 
Cyanea hamatiflora ssp. carlsonii, Cyanea platyphylla, Cyanea 
shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Cyrtandra 
tintinnabula, Delissea undulata, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, Hedyotis coriacea, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion hosakae, Isodendrion pyrifolium, Mariscus fauriei, Melicope 
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum, Phyllostegia 
racemosa, Phyllostegia velutina, Phyllostegia warshaueri, Plantago 
hawaiensis, Pleomele hawaiiensis, Portulaca sclerocarpa, Sesbania 
tomentosa, Sicyos alba, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, Zanthoxylum dipetalum ssp. tomentosum, 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 be affected only to the extent 
that they have any programs requiring Federal funds, permits or other 
authorizations. Any such activities will require that the Federal 
agency ensure that the action will not adversely modify or destroy 
designated critical habitat. However, as discussed above, these actions 
are currently subject to equivalent restrictions through the listing 
protections of the species, and no further restrictions are anticipated 
to result from critical habitat designation of occupied areas. In our 
economic analysis, we will evaluate any impact of designating areas 
where section 7 consultations would not have occurred but for the 
critical habitat designation.
    (b) This rule, as proposed, will not produce a Federal mandate on 
State or local governments or the private sector of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the 47 species from the island of 
Hawaii in a preliminary takings implications assessment. The takings 
implications assessment concludes that this proposed rule does not pose 
significant takings implications. Once the economic analysis is 
completed for this proposed rule, we will review and revise this 
preliminary assessment as warranted.

[[Page 37073]]

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 
47 plant species imposes no additional restrictions to those currently 
in place, and, therefore, has little incremental impact on State and 
local governments and their activities. The designation of critical 
habitat in unoccupied areas may require section 7 consultation on non 
Federal lands (where a Federal nexus occurs) that might otherwise not 
have occurred. However, there will be little additional impact on State 
and local governments and their activities because all but one unit and 
four subunits 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 47 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) Executive Order 13175 and 512 DM 2, we 
readily acknowledge our responsibility to communicate meaningfully with 
recognized federal Tribes on a government-to-government basis. We have 
determined that there are no Tribal lands essential for the 
conservation of these 47 plant species. Therefore, designation of 
critical habitat for these 47 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 Gregory Koob, Christa 
Russell, Michelle Stephens, and Marigold Zoll (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

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

    2. In [sect] 17.12(h) revise the entries for ``Achyranthes mutica, 
Argyroxiphium kauense, Bonamia menziesii, Clermontia drepanomorpha, 
Clermontia lindseyana, Clermontia peleana, Clermontia pyrularia, 
Colubrina oppositifolia, Cyanea hamatiflora ssp. carlsonii, Cyanea 
platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Delissea undulata, Flueggea 
neowawraea, Gouania vitifolia, Hedyotis coriacea, Hibiscadelphus 
giffardianus, Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion hosakae, Isodendrion pyrifolium, Mariscus 
fauriei, Melicope zahlbruckneri, Neraudia ovata, Nothocestrum 
breviflorum, Phyllostegia racemosa, Phyllostegia velutina, Phyllostegia 
warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, Portulaca 
sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene hawaiiensis, 
Silene lanceolata, Solanum incompletum, Spermolepis hawaiiensis, 
Tetramolopium arenarium, Vigna o-wahuensis, Zanthoxylum dipetalum var. 
tomentosum, and Zanthoxylum hawaiiense'' under ``FLOWERING PLANTS'' and 
``Adenophorus periens, Asplenium fragile var. insulare, and Diellia 
erecta'' under ``FERNS AND ALLIES'' to read as follows:


[sect] 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range        Family name          Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants.................
 

[[Page 37074]]

 
                                                                      * * * * * * *
Achyranthes mutica...............  None................  U.S.A. (HI)........  Amaranthaceae......  E                       592    17.96A(a)           NA
 
                                                                      * * * * * * *
Argyroxiphium kauense............  Mauna Loa             U.S.A. (HI)........  Asteraceae.........  E                       497    17.96A(a)           NA
                                    silversword.
 
                                                                      * * * * * * *
Bonamia menziesii................  None................  U.S.A. (HI)........  Convolvulaceae.....  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Clermontia drepanomorpha.........  Oha wai.............  U.S.A. (HI)........  Campanulaceae......  E                       595    17.96A(a)           NA
Clermontia lindseyana............  Oha wai.............  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Clermontia peleana...............  Oha wai.............  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
Clermontia pyrularia.............  Oha wai.............  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Colubrina oppositifolia..........  Kauila..............  U.S.A. (HI)........  Rhamnaceae.........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyanea hamatiflora ssp. carlsonii  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyanea platyphylla...............  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyanea shipmanii.................  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyanea stictophylla..............  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyrtandra giffardii..............  Haiwale.............  U.S.A. (HI)........  Gesneriaceae.......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Cyrtandra tintinnabula...........  Haiwale.............  U.S.A. (HI)........  Gesneriaceae.......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Delissea undulata................  None................  U.S.A. (HI)........  Campanulaceae......  E                       593    17.96A(a)           NA
 
                                                                      * * * * * * *
Flueggea neowawraea..............  Mehamehame..........  U.S.A. (HI)........  Euphorbiaceae......  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Gouania vitifolia................  None................  U.S.A. (HI)........  Rhamnaceae.........  E                       541    17.96A(a)           NA
 
                                                                      * * * * * * *
Hedyotis coriacea................  Kioele..............  U.S.A. (HI)........  Rubiaceae..........  E                       467    17.96A(a)           NA
 
                                                                      * * * * * * *
Hibiscadelphus giffardianus......  Hau kuahiwi.........  U.S.A. (HI)........  Malvaceae..........  E                       595    17.96A(a)           NA
Hibiscadelphus hualalaiensis.....  Hau kuahiwi.........  U.S.A.(HI).........  Malvaceae..........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Hibiscus brackenridgei...........  Mao hau hele........  U.S.A. (HI)........  Malvaceae..........  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Ischaemum byrone.................  Hilo ischaemum......  U.S.A. (HI)........  Poaceae............  E                       532    17.96A(a)           NA
Isodendrion hosakae..............  Aupaka..............  U.S.A. (HI)........  Violaceae..........  E                       414    17.96A(a)           NA
 

[[Page 37075]]

 
                                                                      * * * * * * *
Isodendrion pyrifolium...........  Wahine noho kula....  U.S.A. (HI)........  Violaceae..........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Mariscus fauriei.................  None................  U.S.A. (HI)........  Cyperaceae.........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Melicope zahlbruckneri...........  Alani...............  U.S.A. (HI)........  Rutaceae...........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Neraudia ovata...................  None................  U.S.A. (HI)........  Urticaceae.........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Nothocestrum breviflorum.........  Aiea................  U.S.A. (HI)........  Solanaceae.........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Phyllostegia racemosa............  Kiponapona..........  U.S.A. (HI)........  Lamiaceae..........  E                       595    17.96A(a)           NA
Phyllostegia velutina............  None................  U.S.A. (HI)........  Lamiaceae..........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Phyllostegia warshaueri..........  None................  U.S.A. (HI)........  Lamiaceae..........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Plantago hawaiensis..............  Laukahi kuahiwi.....  U.S.A. (HI)........  Plantaginaceae.....  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Pleomele hawaiiensis.............  Halapepe............  U.S.A. (HI)........  Liliaceae..........  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Portulaca sclerocarpa............  Poe.................  U.S.A. (HI)........  Portulacaceae......  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Sesbania tomentosa...............  Ohai................  U.S.A. (HI)........  Fabaceae...........  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Sicyos alba......................  Anunu...............  U.S.A. (HI)........  Cucurbitaceae......  E                       595    17.96A(a)           NA
 
                                                                      * * * * * * *
Silene hawaiiensis...............  None................  U.S.A. (HI)........  Caryophyllaceae....  T                       532    17.96A(a)           NA
Silene lanceolata................  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       480    17.96A(a)           NA
 
                                                                      * * * * * * *
Solanum incompletum..............  Popolo ku mai.......  U.S.A. (HI)........  Solanaceae.........  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Spermolepis hawaiiensis..........  None................  U.S.A. (HI)........  Apiaceae...........  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Tetramolopium arenarium..........  None................  U.S.A. (HI)........  Asteraceae.........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Vigna o-wahuensis................  None................  U.S.A. (HI)........  Fabaceae...........  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Zanthoxylum dipetalum var.         Ae..................  U.S.A. (HI)........  Rutaceae...........  E                       595    17.96A(a)           NA
 tomentosum.
Zanthoxylum hawaiiense...........  Ae..................  U.S.A. (HI)........  Rutaceae...........  E                       532    17.96A(a)           NA
 
                                                                      * * * * * * *
Ferns and Allies.................

[[Page 37076]]

 
Adenophorus periens..............  Pendant kihi fern...  U.S.A. (HI)........  Grammitidaceae.....  E                       559    17.96A(a)           NA
 
                                                                      * * * * * * *
Asplenium fragile var. insulare..  None................  U.S.A. (HI)........  Aspleniaceae.......  E                       553    17.96A(a)           NA
 
                                                                      * * * * * * *
Diellia erecta...................  Asplenium-leaved      U.S.A. (HI)........  Aspleniaceae.......  E                       559    17.96A(a)           NA
                                    diellia.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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), 67 FR 9806 (March 4, 2002), 67 FR 15856 (April 3, 
2002), 67 FR 16492 (April 5, 2002), and 67 FR 34522 (May 14, 2002) is 
proposed to be further amended as follows:
    a. Add paragraph (a)(1)(i)(H); and
    b. Amend paragraph (a)(1)(ii) by adding the entries set forth 
below.


[sect] 17.96  Critical habitat-plants.

    (a) * * *
    (1) * * *
    (i) Maps and critical habitat unit descriptions. The following 
sections contain the legal descriptions of the critical habitat units 
designated for each of the Hawaiian Islands. Existing features and 
structures within proposed areas, such as buildings, roads, aqueducts, 
telecommunication equipment, arboreta and gardens, heiaus (indigenous 
place of worship, shrine), airports, other paved areas, lawns, and 
other rural residential landscaped areas do not contain one or more of 
the primary constituent elements described for each species in 
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section and are not 
included in the critical habitat designation.
* * * * *
    (H) Hawaii. Critical habitat units are described below. Coordinates 
are in UTM Zone 5 with units in meters using North American Datum of 
1983 (NAD83). The following map shows the general locations of the 28 
critical habitat units designated on the island of Hawaii.

    (1) Note: Map 1--Index map follows:

BILLING CODE 4310-55-P

[[Page 37077]]

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BILLING CODE 4310-55-C

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    (2) Hawaii A1 (719 ha; 1,777 ac).
    (i) Unit consists of the following 56 boundary points: 213645, 
2235127; 213646, 2235128; 213870, 2235881; 213849, 2236039; 214231, 
2236397; 214073, 2236118; 213966, 2236053; 214027, 2235922; 213874, 
2235537; 213912, 2235356; 213779, 2235023; 213495, 2234674; 213594, 
2234495; 213903, 2234581; 213784, 2233612; 214109, 2233345; 214171, 
2233459; 214131, 2233716; 214311, 2234221; 214471, 2234336; 214374, 
2234583; 214789, 2235600; 214978, 2235699; 215036, 2235455; 215183, 
2235821; 215492, 2235685; 215490, 2235180; 215280, 2234884; 215136, 
2234466; 215169, 2234127; 214956, 2233845; 215193, 2233323; 214983, 
2232423; 215030, 2231525; 214643, 2231424; 214338, 2231240; 213870, 
2231505; 213870, 2231342; 213666, 2231261; 213585, 2230650; 213402, 
2230385; 213015, 2230141; 212772, 2230287; 212852, 2230691; 212976, 
2230917; 212994, 2231684; 213137, 2232014; 213401, 2232866; 213381, 
2233174; 213259, 2233215; 213454, 2233742; 213434, 2234160; 213320, 
2234192; 213137, 2234192; 213320, 2234721; 213645, 2235127.

    (ii) Note: See Map 2.

    (3) Hawaii A2 (2,685 ha; 6,635 ac).
    (i) Unit consists of the following 26 boundary points: 216018, 
2233828; 216096, 2234031; 216010, 2234247; 216164, 2234825; 216281, 
2234837; 216511, 2235154; 216975, 2234861; 216801, 2234306; 217114, 
2234782; 217527, 2234678; 217743, 2234334; 217207, 2233347; 217252, 
2233124; 217620, 2233502; 218094, 2234265; 218843, 2233587; 218286, 
2231694; 219486, 2233520; 222066, 2232085; 222577, 2231460; 223900, 
2230601; 224117, 2230006; 222945, 2227734; 218340, 2230439; 216174, 
2231252; 216018, 2233828.

    (ii) Note: Map 2 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.032
    
    (3) Hawaii B (8,200 ha; 20,263 ac).
    (i) Unit consists of the following 34 boundary points: 220056, 
2222994; 220386, 2223366; 220886, 2223462; 221152, 2223319; 221480, 
2222888; 221459, 2222499; 221971, 2222131; 221869, 2221906; 221398, 
2221865; 220845, 2221639; 220702, 2221271; 221132, 2220595; 222094, 
2220390; 223077, 2220452; 223466, 2219489; 222340, 2218424; 221746, 
2218711; 220845, 2218342; 220436, 2219154; 218738, 2219136; 218273, 
2217335; 217531, 2217496; 217361, 2217075; 216932, 2217289; 216745, 
2217118; 212055, 2218324; 208993, 2220657; 207937, 2222955; 212449, 
2224975; 213349, 2223996; 215306, 2226356; 216953, 2226452; 219330, 
2224881; 220056, 2222994.

[[Page 37079]]

    (ii) Excluding the area bounded by the following 9 boundary points 
(233 ha, 577 ac): 218184, 2219101; 217244, 2219173; 214943, 2221244; 
214556, 2222362; 214657, 2222404; 215168, 2221804; 216111, 2220679; 
217554, 2220006; 218184, 2219101.

    (iii) Note: Map 3 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.033
    
    (4) Hawaii C (38 ha; 94 ac).
    (i) Unit consists of the following nine boundary points: 204444, 
2212965; 204625, 2212973; 204622, 2212839; 204381, 2212624; 204522, 
2212274; 204092, 2212117; 203750, 2212397; 203856, 2212544; 204444, 
2212965.

    (ii) Note: Map 4 follows:

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    (5) Hawaii D1 (55 ha; 136 ac).
    (i) Unit consists of the following 12 boundary points: 217658, 
2212443; 217347, 2212191; 217122, 2212425; 216974, 2212346; 216772, 
2212797; 216930, 2213059; 216918, 2213235; 217016, 2213305; 217161, 
2212966; 217379, 2213113; 217624, 2212704; 217658, 2212443.

    (ii) Note: See Map 5.
    (6) Hawaii D2 (43 ha; 107 ac).
    (i) Unit consists of the following seven boundary points: 223515, 
2211644; 223742, 2211502; 223965, 2211046; 223748, 2210727; 223464, 
2210758; 223186, 2211148; 223515, 2211644.

    (ii) Note: See Map 5.

    (7) Hawaii D3 (257 ha; 636 ac).
    (i) Unit consists of the following 11 boundary points: 229819, 
2210481; 230122, 2210409; 230226, 2210890; 230744, 2211568; 231267, 
2211631; 231537, 2212023; 232139, 2211722; 231979, 2211293; 229919, 
2209314; 229676, 2209450; 229819, 2210481.

    (ii) Note: See Map 5.

    (8) Hawaii D4 (14 ha; 34 ac).
    (i) Unit consists of the following six boundary points: 222195, 
2208132; 221960, 2208175; 221965, 2208568; 222290, 2208522; 222369, 
2208305; 222195, 2208132.

    (ii) Note: See Map 5.
    (9) Hawaii D5 (1 ha; 4 ac).
    (i) Unit consists of the following eight boundary points: 219313, 
2206792; 219277, 2206743; 219217, 2206755; 219211, 2206878; 219245, 
2206912; 219279, 2206913; 219313, 2206868; 219313, 2206792.

    (ii) Note: See Map 5.
    (10) Hawaii D6 (36 ha; 89 ac).
    (i) Unit consists of the following eight boundary points: 219524, 
2204639; 219285, 2204460; 218903, 2204552; 218798, 2204662; 218872, 
2205006; 219122, 2205138; 219438, 2205062; 219524, 2204639.

    (ii) Note: See Map 5.
    (11) Hawaii D7 (112 ha; 278 ac).
    (i) Unit consists of the following 12 boundary points: 221058, 
2205989; 221716, 2205427; 221986, 2205377; 222020, 2204891; 221830, 
2204740; 221852, 2204603; 221531, 2204445; 221346, 2205006; 220421, 
2205505; 220400, 2205861; 220861, 2205816; 221058, 2205989.

    (ii) Note: See Map 5.

    (12) Hawaii D8 (8 ha; 21 ac).
    (i) Unit consists of the following seven boundary points: 218460, 
2202141; 218559, 2201989; 218475, 2201865; 218371, 2201844; 218139, 
2202042; 218291, 2202179; 218460, 2202141.

    (ii) Note: Map 5 follows:


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    (13) Hawaii E (2,992 ha; 7,393 ac)
    (i) Unit consists of the following 12 boundary points: 256602, 
2201844; 257942, 2202750; 259136, 2200808; 259973, 2197792; 259164, 
2195977; 257990, 2196313; 258115, 2195161; 255348, 2195206; 255294, 
2197390; 254588, 2199653; 255244, 2203058; 256602, 2201844.

    (ii) Note: Map 6 follows:

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    ((14) Hawaii F (13,906 ha; 34,363 ac).
    (i) Unit consists of the following 26 boundary points: 266711, 
2189400; 258582, 2189967; 258122, 2187775; 255211, 2189128; 255480, 
2193046; 255783, 2193024; 256116, 2193190; 256121, 2193417; 257062, 
2193396; 259634, 2192559; 260989, 2198401; 260703, 2200148; 261944, 
2204127; 261158, 2204766; 260467, 2204723; 259168, 2203086; 257856, 
2204159; 257404, 2204963; 256622, 2205405; 257561, 2207252; 257006, 
2207522; 257933, 2209976; 258996, 2210030; 262583, 2208378; 265651, 
2206158; 266711, 2189400.

    (ii) Note: Map 7 follows:

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    (15) Hawaii G (32,286 ha; 79,781 ac).
    (i) Unit consists of the following 52 boundary points: 260368, 
2156706; 259509, 2155445; 255714, 2157400; 250084, 2165481; 249140, 
2169300; 250847, 2170639; 249738, 2174070; 251601, 2176619; 255032, 
2176864; 256265, 2173968; 258036, 2177250; 262267, 2183657; 265594, 
2183524; 267656, 2181395; 266981, 2179799; 271100, 2179533; 272746, 
2178964; 265775, 2176949; 265615, 2173174; 266388, 2170855; 257222, 
2170390; 255508, 2169531; 259558, 2164351; 259625, 2163807; 258983, 
2163775; 258608, 2163559; 257889, 2163809; 257937, 2163979; 257725, 
2164003; 257418, 2163342; 258185, 2162891; 258752, 2162422; 259789, 
2162776; 259848, 2162373; 260734, 2160659; 263088, 2160361; 265004, 
2164964; 266409, 2165548; 267862, 2165369; 268296, 2164387; 268316, 
2164392; 269082, 2162635; 268527, 2160814; 269085, 2157102; 267952, 
2155276; 269920, 2153164; 266755, 2150858; 265179, 2153340; 264559, 
2152994; 262477, 2156217; 261502, 2155677; 260368, 2156706.

    (ii) Note:Map 8 follows.

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    (16) Hawaii H (5,322 ha; 13,151 ac).
    (i) Unit consists of the following 13 boundary points: 251923, 
2160023; 253460, 2158526; 252820, 2156844; 251512, 2156703; 253803, 
2154201; 252314, 2151377; 246870, 2153207; 247755, 2154211; 246280, 
2155218; 245573, 2156986; 246070, 2160207; 247871, 2160627; 251923, 
2160023.

    (ii) Note:Map 9 follows.

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    (17) Hawaii I (522 ha; 1,290 ac).
    (i) Unit consists of the following eight boundary points: 258433, 
2150898; 257351, 2150734; 256786, 2149999; 255343, 2150577; 257268, 
2152271; 259182, 2152731; 259540, 2152124; 258433, 2150898.

    (ii) Note:Map 10 follows.

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    (18) Hawaii J (5,065 ha; 12,516 ac).
    (i) Unit consists of the following seven boundary points: 279757, 
2148468; 272371, 2143454; 268751, 2147441; 271710, 2149593; 276749, 
2150890; 281591, 2152626; 279757, 2148468.

    (ii) Note: Map 11 follows:

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    (19) Hawaii K (15,294 ha; 37,792 ac).
    (i) Unit consists of the following 29 boundary points: 224527, 
2133134; 230903, 2140619; 234438, 2143729; 238998, 2150111; 241626, 
2150220; 243506, 2149158; 242986, 2146643; 238998, 2142139; 242286, 
2139770; 241367, 2137225; 240125, 2137019; 239140, 2134291; 237510, 
2135220; 238298, 2137823; 235958, 2138922; 236512, 2140899; 235380, 
2140822; 235020, 2139742; 233111, 2137411; 234739, 2135265; 232310, 
2133217; 230373, 2132524; 229332, 2130965; 226078, 2128345; 225106, 
2129484; 222624, 2126875; 221850, 2129146; 224293, 2130509; 224527, 
2133134.

    (ii) Note: Map 12 follows:

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    (20) Hawaii L (38,505 ha; 95,148 ac).
    (i) Unit consists of the following 27 boundary points and the 
intermediate coastline: 269799, 2145483; 270429, 2143104; 268294, 
2141333; 268202, 2141259; 268224, 2141247; 270343, 2140162; 270786, 
2139161; 272920, 2139709; 275334, 2138290; 274935, 2136330; 270882, 
2135751; 273045, 2131980; 273073, 2131644; 248432, 2124173; 247059, 
2126847; 250585, 2135021; 249994, 2142352; 256883, 2148361; 258069, 
2150441; 259217, 2149492; 260325, 2150029; 262724, 2150106; 262978, 
2149151; 263296, 2148846; 263963, 2149299; 265911, 2146297; 269799, 
2145483.

    (ii) Note: Map 13 follows:

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    (21) Hawaii M1 (19 ha, 46 ac).
    (i) Unit consists of the following six boundary points and the 
intermediate coastline: 290436, 2182514; 290346, 2182746; 290037, 
2183187; 290191, 2183379; 290648, 2182628; 290436, 2182514.

    (ii) Note: See Map 14:

    (22) Hawaii M2 (133 ha, 328 ac).
    (i) Unit consists of the following seven boundary points and the 
intermediate coastline: 299860, 2164658; 298430, 2165311; 298418, 
2165662; 298918, 2165882; 299164, 2166128; 300166, 2164994; 299860, 
2164658.

    (ii) Note: See Map 14:

    (23) Hawaii M3 (141 ha, 349 ac).
    (i) Unit consists of the following eight boundary points and the 
intermediate coastline: 302785, 2149537; 305121, 2151610; 305379, 
2151558; 305688, 2151734; 305768, 2151825; 305926, 2151657; 302998, 
2149399; 302785, 2149537.

    (ii) Note: See Map 14:

    (24) Hawaii M4 (141 ha, 348 ac).
    (i) Unit consists of the following 10 boundary points and the 
intermediate coastline: 294327, 2142439; 294091, 2142729; 294897, 
2143498; 295092, 2143256; 295740, 2143796; 296348, 2144415; 296086, 
2144633; 296853, 2145365; 297150, 2145025; 294327, 2142439.

    (ii) Note: See Map 14:
    (25) Hawaii M5 (533 ha, 1,316 ac).
    (i) Unit consists of the following 10 boundary points and the 
intermediate coastline: 278462, 2135799; 281674, 2137029; 282395, 
2136841; 284108, 2137718; 284803, 2137355; 284850, 2137360; 284874, 
2137349; 284893, 2137276; 279221, 2134615; 278462, 2135799.

    (ii) Note: Map 14 follows:

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    (26) Hawaii N1 (35 ha; 88 ac).
    (i) Unit consists of the following 12 boundary points and the 
intermediate coastline: 226741, 2101686; 226790, 2101953; 226781, 
2102176; 226908, 2102299; 226917, 2102261; 226379, 2099994; 226353, 
2100102; 226476, 2100184; 226781, 2100602; 226831, 2100880; 226831, 
2101257; 226741, 2101686.

    (ii) Note: See Map 15:

    (27) Hawaii N2 (441 ha; 1,091 ac).
    (i) Unit consists of the following 17 boundary points and the 
intermediate coastline: 218146, 2094919; 218077, 2094656; 218291, 
2094588; 218623, 2094561; 220226, 2095017; 220630, 2095479; 220789, 
2095748; 220926, 2096057; 221185, 2096180; 221326, 2096062; 221462, 
2096012; 221594, 2095880; 221763, 2095728; 217452, 2094960; 217481, 
2094950; 217632, 2094974; 218146, 2094919.

    (ii) Note: Map 15 follows:

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    (28) Hawaii O (215 ha; 531 ac).
    (i) Unit consists of the following 15 boundary points: 221200, 
2105198; 221467, 2104758; 221444, 2104588; 222078, 2104024; 221064, 
2103509; 220535, 2104849; 219841, 2104574; 219669, 2104802; 219758, 
2105103; 220370, 2105598; 220464, 2105761; 220683, 2105838; 220715, 
2105654; 220821, 2105428; 221200, 2105198.

    (ii) Note: Map 16 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.046
    
    (29) Hawaii P (547 ha; 1,351 ac).
    (i) Unit consists of the following seven boundary points: 215125, 
2109609; 214584, 2109691; 212813, 2110371; 212813, 2111962; 215328, 
2112049; 215501, 2109621; 215125, 2109609.

    (ii) Note: Map 17 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.047
    
    (30) Hawaii Q (3,549 ha; 8,770 ac).
    (i) Unit consists of the following 15 boundary points: 203744, 
2119863; 204434, 2120339; 206918, 2117598; 204288, 2114159; 203379, 
2114793; 202419, 2113989; 201403, 2115445; 198635, 2113306; 197884, 
2114011; 196992, 2116831; 197884, 2118084; 199261, 2117650; 199326, 
2117178; 199670, 2116873; 203744, 2119863.

    (ii) Note: Map 18 follows:

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    (31) Hawaii R (387 ha; 387 ac).
    (i) Unit consists of the following eight boundary points: 199019, 
2121433; 198840, 2122426; 199183, 2123093; 199523, 2123234; 199557, 
2123431; 200864, 2123853; 201509, 2122322; 199019, 2121433.

    (ii) Note: Map 19 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.049
    
    (32) Hawaii S (383 ha; 947 ac).
    (i) Unit consists of the following five boundary points: 206224, 
2130517; 202842, 2129444; 202613, 2131045; 205877, 2131123; 206224, 
2130517.

    (ii) Note: Map 20 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.050
    
    (33) Hawaii T (1,489 ha; 3,681 ac).
    (i) Unit consists of the following seven boundary points: 204443, 
2132607; 203375, 2132666; 203443, 2135792; 202673, 2135845; 202654, 
2138543; 206732, 2138501; 204443, 2132607.

    (ii) Note: Map 21 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.051
    
    (34) Hawaii U (615 ha; 1,520 ac).
    (i) Unit consists of the following seven boundary points: 207156, 
2146304; 206598, 2144681; 206598, 2143570; 204428, 2143915; 204674, 
2145490; 204421, 2146650; 207156, 2146304.

    (ii) Note: Map 22 follows:

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    (35) Hawaii V (951 ha; 951 ac).
    (i) Unit consists of the following nine boundary points: 201716, 
2156441; 202236, 2157481; 203493, 2157946; 204443, 2157768; 205570, 
2155691; 205302, 2155071; 202715, 2154681; 201716, 2154917; 201716, 
2156441.

    (ii) Note: Map 23 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.053
    
    (36) Hawaii W (1,479 ha; 3,654 ac).
    (i) Unit consists of the following 13 boundary points: 205252, 
2167635; 201198, 2170923; 202321, 2172189; 205378, 2169282; 205734, 
2168071; 205395, 2167074; 206630, 2166529; 207676, 2167534; 209126, 
2167741; 208948, 2165908; 206971, 2164632; 204555, 2167184; 205252, 
2167635.
    (ii) Note: Map 24 follows:

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    (37) Hawaii X (138 ha; 340 ac).
    (i) Unit consists of the following nine boundary points: 197194, 
2177013; 196714, 2177434; 196239, 2177751; 196187, 2178067; 195553, 
2178701; 196028, 2179334; 196530, 2178147; 197744, 2177408; 197793, 
2177330.

    (ii) Note: Map 25 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.055
    
    (38) Hawaii Y1 (212 ha; 524 ac).
    (i) Unit consists of the following seven boundary points: 183972, 
2179379; 183738, 2180484; 183094, 2180286; 182697, 2181215; 184122, 
2181277; 184966, 2179538; 184138, 2179420.

    (ii) Note: Map 26 follows:
    (39) Hawaii Y2 (334 ha; 826 ac).
    (i) Unit consists of the following 18 boundary points: 185749, 
2177865; 185261, 2177684; 185647, 2177155; 186075, 2177494; 186885, 
2176018; 186069, 2175532; 185540, 2176019; 185232, 2175842; 184584, 
2176731; 185340, 2176888; 185300, 2177182; 184431, 2177142; 184190, 
2177908; 184571, 2177971; 184963, 2178008; 185173, 2178026; 185406, 
2178122; 185576, 2178230.

    (ii) Note: Map 26 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.056
    
    (40) Hawaii Z (10,738 ha; 26,535 ac).
    (i) Unit consists of the following 22 boundary points: 195290, 
2187514; 192592, 2186941; 191694, 2187574; 189745, 2187154; 189472, 
2186376; 188637, 2186944; 199157, 2194227; 200761, 2193290; 201154, 
2193708; 202794, 2192559; 203397, 2193436; 204610, 2192598; 203353, 
2189881; 204671, 2188173; 204462, 2186704; 202154, 2186315; 200408, 
2181683; 198449, 2180555; 195423, 2181386; 193852, 2183527; 194901, 
2183797; 195290, 2187514.

    (ii) Note: Map 27 follows:

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    (41) Hawaii AA (28,384 ha; 70,138 ac).
    (i) Unit consists of the following 67 boundary points: 232723, 
2183705; 230919, 2184740; 230815, 2184516; 229320, 2184420; 228423, 
2185167; 225733, 2185964; 225124, 2185943; 223293, 2184769; 223290, 
2183683; 220000, 2179930; 219994, 2179923; 219987, 2179918; 219981, 
2179913; 219977, 2179911; 219973, 2179909; 219965, 2179906; 216370, 
2178543; 222247, 2173811; 222322, 2167265; 222322, 2167257; 222335, 
2167257; 220155, 2166489; 219579, 2168927; 219762, 2171154; 219286, 
2172006; 218282, 2169685; 214867, 2175808; 210939, 2174004; 209532, 
2175089; 209494, 2176651; 213262, 2178498; 208392, 2187047; 210165, 
2188544; 210162, 2188542; 210803, 2189143; 211768, 2188558; 214377, 
2189201; 217216, 2188903; 221396, 2190818; 222990, 2190609; 223038, 
2190602; 223044, 2190601; 224382, 2191593; 226252, 2188954; 229287, 
2188260; 230414, 2189388; 234885, 2188211; 235657, 2187676; 234948, 
2187010; 231708, 2187545; 231561, 2186512; 234898, 2186362; 235254, 
2186077; 235032, 2185729; 235339, 2185480; 235602, 2185805; 236072, 
2185421; 235419, 2184116; 236547, 2181683; 236410, 2179093; 237588, 
2179190; 238332, 2176662; 236820, 2174962; 237090, 2173313; 235396, 
2172615; 233055, 2173313; 232723, 2183705.
    (ii) Excluding the following two areas:
    (A) Bounded by the following 7 boundary points (10ha, 24ac): 
232577, 2185323; 232599, 2185467; 232714, 2185578; 232934, 2185467; 
232998, 2185368; 232954, 2185202; 232577, 2185323.
    (B) Bounded by the following 9 boundary points (5ha, 11ac): 233384, 
2184752; 233480, 2184822; 233636, 2184644; 233786, 2184671; 233811, 
2184653; 233813, 2184596; 233682, 2184541; 233484, 2184638; 233384, 
2184752.

    (iii) Note: Map 28 follows:

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    (42) Hawaii BB (43 ha; 106 ac).
    (i) Unit consists of the following 13 boundary points and the 
intermediate coastline: 181769, 2190198; 181706, 2189862; 181589, 
2189862; 181195, 2189687; 180990, 2189424; 180757, 2189337; 180698, 
2189351; 180707, 2189442; 181635, 2190130; 181662, 2190111; 181735, 
2190198; 181750, 2190198; 181769, 2190198.

    (ii) Note: Map 29 follows:
    [GRAPHIC] [TIFF OMITTED] TP28MY02.059
    

        Table (a)(1)(i)(H).--Protected Species Within Each Critical Habitat Unit on the Island of Hawaii
----------------------------------------------------------------------------------------------------------------
              Unit name                       Species occupied                    Species unoccupied
----------------------------------------------------------------------------------------------------------------
Hawaii A1............................  Pleomele hawaiiensis.........  ..........................................
Hawaii A2............................  Nothocestrum breviflorum.....  ..........................................
Hawaii B.............................  Achyranthes mutica,            ..........................................
                                        Clermontia drepanomorpha,
                                        Phyllostegia warshaueri.
Hawaii C.............................  Sesbania tomentosa...........  ..........................................
Hawaii D1............................  Portulaca sclerocarpa........  Isodendrion hosakae, Vigna o-wahuensis.
Hawaii D2............................  .............................  Isodendrion hosakae, Portulaca
                                                                       sclerocarpa, Vigna o-wahuensis.
Hawaii D3............................  .............................  Isodendrion hosakae.
Hawaii D4............................  .............................  Isodendrion hosakae, Portulaca
                                                                       sclerocarpa, Vigna o-wahuensis.
Hawaii D5............................  Isodendrion hosakae,           ..........................................
                                        Portulaca sclerocarpa, Vigna
                                        o-wahuensis.
Hawaii D6............................  .............................  Isodendrion hosakae, Portulaca
                                                                       sclerocarpa, Vigna o-wahuensis.
Hawaii D7............................  Isodendrion hosakae,           Vigna o-wahuensis.
                                        Portulaca sclerocarpa.
Hawaii D8............................  Isodendrion hosakae..........  Portulaca sclerocarpa, Vigna o-wahuensis.
Hawaii E.............................  Clermontia lindseyana,         ..........................................
                                        Clermontia pyrularia,
                                        Phyllostegia racemosa.
Hawaii F.............................  Cyanea platyphylla, Cyanea     Clermontia peleana.
                                        shipmanii, Cyrtandra
                                        giffardii, Cyrtandra
                                        tintinnabula, Phyllostegia
                                        racemosa, Phyllostegia
                                        warshaueri.

[[Page 37101]]

 
Hawaii G.............................  Argyroxiphium kauense,         Clermontia peleana.
                                        Asplenium fragile var.
                                        insulare, Clermontia
                                        lindseyana, Cyanea
                                        platyphylla, Cyanea
                                        shipmanii, Cyanea
                                        stictophylla, Cyrtandra
                                        giffardii, Phyllostegia
                                        racemosa, Phyllostegia
                                        velutina, Plantago
                                        hawaiense, Sicyos alba.
Hawaii H.............................  Argyroxiphium kauense,         ..........................................
                                        Phyllostegia racemosa,
                                        Plantago hawaiensis, Silene
                                        hawaiiensis.
Hawaii I.............................  Hibiscadelphus giffardianus,   ..........................................
                                        Melicope zahlbruckneri.
Hawaii J.............................  Adenophorus periens..........  ..........................................
Hawaii K.............................  Argyroxiphium kauense,         Melicope zahlbruckneri
                                        Asplenium fragile var.
                                        insulare, Clermontia
                                        lindseyana, Cyanea
                                        stictophylla, Phyllostegia
                                        velutina.
Hawaii L.............................  Pleomele hawaiiensis,          ..........................................
                                        Portulaca sclerocarpa,
                                        Sesbania tomentosa.
Hawaii M1............................  Ischaemum byrone.............  ..........................................
Hawaii M2............................  Ischaemum byrone.............  ..........................................
Hawaii M3............................  Ischaemum byrone.............  ..........................................
Hawaii M4............................  Ischaemum byrone.............  ..........................................
Hawaii M5............................  Ischaemum byrone.............  ..........................................
Hawaii N1............................  Sesbania tomentosa...........  ..........................................
Hawaii N2............................  Sesbania tomentosa...........  ..........................................
Hawaii O.............................  Mariscus fauriei.............  ..........................................
Hawaii P.............................  Pleomele hawaiiensis.........  ..........................................
Hawaii Q.............................  Colubrina oppositifolia,       ..........................................
                                        Diellia erecta, Flueggea
                                        neowawraea, Gouania
                                        vitifolia, Neraudia ovata.
Hawaii R.............................  Diellia erecta, Flueggea       ..........................................
                                        neowawraea.
Hawaii S.............................  Cyanea hamatiflora ssp.        ..........................................
                                        carlsonii, Cyanea
                                        stictophylla.
Hawaii T.............................  Cyanea stictophylla..........  Cyanea hamatiflora ssp. carlsonii.
Hawaii U.............................  Cyanea hamatiflora ssp.        ..........................................
                                        carlsonii.
Hawaii V.............................  Nothocestrum breviflorum.....  ..........................................
Hawaii W.............................  Delissea undulata............  Solanum incompletum.
Hawaii X.............................  Cyanea hamatiflora ssp.        ..........................................
                                        carlsonii.
Hawaii Y1............................  Neraudia ovata...............  ..........................................
Hawaii Y2............................  Isodendrion pyrifolium.......  Neraudia ovata.
Hawaii Z.............................  Bonamia menziesii, Colubrina   ..........................................
                                        oppositifolia, Cyanea
                                        stictophylla, Delissea
                                        undulata, Flueggea
                                        neowawraea, Hibiscadelphus
                                        hualalaiensis, Hibiscus
                                        brackenridgei, Nothocestrum
                                        breviflorum, Phyllostegia
                                        velutina, Plantago
                                        hawaiensis, Pleomele
                                        hawaiiensis, Zanthoxylum
                                        dipetalum var. tomentosum.
Hawaii AA............................  Asplenium fragile var          ..........................................
                                        insulare, Hedyotis coriacea,
                                        Neraudia ovata, Portulaca
                                        sclerocarpa, Silene
                                        hawaiiensis, Silene
                                        lanceolata, Solanum
                                        incompletum, Spermolepis
                                        hawaiiensis, Tetramolopium
                                        arenarium, Zanthoxylum
                                        hawaiiense.
Hawaii BB............................  Sesbania tomentosa...........  ..........................................
----------------------------------------------------------------------------------------------------------------

    (ii) Hawaiian plants--Constituent elements.
    (A) Flowering plants.
    Family Amaranthaceae: Achyranthes mutica (NCN).
    Hawaii B, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Achyranthes mutica on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Acacia koaia lowland dry forest primarily in gulches but also 
in remnant stands of forest containing one or more of the following 
associated native plant species: Dodonaea viscosa, Myoporum 
sandwicense, Osteomeles anthyllidifolia, Nestegis sandwicensis, 
Metrosideros polymorpha, Santalum ellipticum, Erythrina sandwicensis, 
or Sophora chrysophylla; and
    (2) Elevations between 643 and 1,518 m (2,110 and 4,990 ft).
    Family Apiaceae: Spermolepis hawaiiensis (NCN).
    Hawaii AA, identified in the legal description in paragraph 
(a)(1)(i)(H), constitute critical habitat for Spermolepis hawaiiensis 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Shady spots in Dodonaea viscosa lowland dry shrubland, on 
pahoehoe lava and containing one or more of the following associated 
native plant species: Myoporum sandwicense, Osteomeles anthyllidifolia, 
or Sophora chrysophylla, and
    (2) Elevations between 1,134 and 2,140 m (3,720 and 7,020 ft).
    Family Asteraceae: Argyroxiphium kauense (Mauna Loa silversword).
    Hawaii G, H, K, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Argyroxiphium kauense on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Moist open forest; subalpine mesic shrubland, bogs; and 
weathered, old pahoehoe (smooth) or aa (rough) lava with well developed 
pockets of soil, and containing one or more of the following associated 
native plant species: Coprosma montana, Plantago hawaiensis, Silene 
hawaiiensis, Asplenium fragile var. insulare,

[[Page 37102]]

Metrosideros polymorpha, Styphelia tameiameiae , Coprosma ernodeoides, 
Vaccinium reticulatum, Dubautia ciliolata, Geranium cuneatum, Carex 
montis-eeka, Carex alligata, Rhynchospora chinensis, Dodonaea viscosa, 
Gahnia gahniiformis, or Deschampsia nubigena; and
    (2) Elevations between 1,625 and 2,774 m (3,330 and 9,100 ft).
    Family Asteraceae: Tetramolopium arenarium (NCN).
    Hawaii AA, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Tetramolopium arenarium 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland and montane dry shrublands dominated by Dodonaea 
viscosa, containing one or more of the following associated native 
plant species: Styphelia tameiameiae, Dubautia linearis, Chamaesyce 
olowaluana, Haplostachys haplostachya, Sida fallax, or Chenopodium 
oahuense, and
    (2) Elevations between 1,363 and 1,762 m (4,470 and 5,780 ft).
    Family Campanulaceae: Clermontia drepanomorpha (oha wai).
    Hawaii B, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Clermontia drepanomorpha 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha, Cheirodendron trigynum, and Cibotium 
glaucum dominated montane wet forests, containing one or more of the 
following native plant species: Carex alligata, Melicope clusiifolia, 
Styphelia tameiameiae, Astelia menziesii, Rubus hawaiiensis, Cyanea 
pilosa, and Coprosma sp. or native sphagnum moss; and
    (2) Elevations between 808 and 1,676 m (2,650 and 5,500 ft).
    Family Campanulaceae: Clermontia lindseyana (haha).
    Hawaii E, G, K, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Clermontia lindseyana on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Slightly open forest cover in wet and mesic Metrosideros 
polymorpha-Acacia koa forest, Metrosideros polymorpha forest, and mixed 
montane mesic Metrosideros polymorpha-Acacia koa forest and containing 
one or more of the following associated native plant species: Styphelia 
tameiameiae, Cheirodendron trigynum, Rubus hawaiiensis, Coprosma sp., 
Athyrium sp., or Peperomia sp., and
    (2) Elevations between 1,314 and 2,256 m (4,310 and 7,400 ft).
    Family Campanulaceae: Clermontia peleana (oha wai).
    Hawaii F, G, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Clermontia pyrularia on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Montane wet Metrosideros-Cibotium forest containing one or more 
of the following associated native plant species: Clermontia 
hawaiiensis, Cheirodendron trigynum, Cyrtandra platyphylla, Cibotium 
menziesii, C. chamissoi, Ilex anomala, Sadleria spp., or Coprosma 
pubens, and
    (2) Elevations between 436 and 1,728 m (1,430 and 5,670 ft).
    Family Campanulaceae: Clermontia pyrularia (oha wai).
    Hawaii E, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Clermontia pyrularia on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet and mesic montane forest dominated by Acacia koa or 
Metrosideros polymorpha, and subalpine dry forest dominated by M. 
polymorpha containing one or more of the following associated native 
plant species: Coprosma sp., Dryopteris wallichiana, Rubus hawaiensis, 
or Hedyotis sp.; and
    (2) Elevations between 1,628 and 2,061 m (5,340 to 6,760 ft).
    Family Campanulaceae: Cyanea hamatiflora ssp. carlsonii (haha).
    Hawaii S, T, U, X, identified in the legal descriptions in 
paragraph (a)(1)(i)(H), constitute critical habitat for Cyanea 
hamatiflora ssp. carlsonii on Hawaii. Within these units, the currently 
known primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Mesic montane forest dominated by Metrosideros polymorpha or 
Acacia koa containing one or more of the following associated native 
plants species: Myoporum sandwicense, Clermontia clermontioides, 
Coprosma sp., Ilex anomala, Hedyotis sp., Sophora chrysophylla, 
Cibotium spp., Dryopteris sp., or Athyrium sp.; and
    (2) Elevations between 1,350 to 1,783 m (4,430 to 5,850 ft).
    Family Campanulaceae: Cyanea platyphylla (haha).
    Hawaii F, G, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Cyanea platyphylla on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha-Acacia koa lowland and montane wet 
forests containing one or more of the following associated native plant 
species: Coprosma sp., Psychotria hawaiiensis, Perrottetia 
sandwicensis, Scaevola spp., Cibotium sp., Antidesma platyphyllum, 
Clermontia spp., Hedyotis sp., or Cyrtandra spp.; and
    (2) Elevations between 120 and 915 m (390 and 3,000 ft).
    Family Campanulaceae: Cyanea shipmanii (haha).
    Hawaii F, G, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Cyanea shipmanii on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Montane mesic forest dominated by Acacia koa-Metrosideros 
polymorpha on the windward slopes of the island containing one or more 
of the following associated native plant species: Ilex anomala, Myrsine 
lessertiana, or Cheirodendron trigynum; and
    (2) Elevations between 1,619 and 2,027 m (5,310 and 6,650 ft).
    Family Campanulaceae: Cyanea stictophylla (haha).
    Hawaii G, K, S, T, Z, identified in the legal descriptions in 
paragraph (a)(1)(i)(H), constitute critical habitat for Cyanea 
stictophylla on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Acacia koa or wet Metrosideros polymorpha forests containing 
one or more of the following associated native plant species: Melicope 
spp., Cibotium sp., or Urera glabra; and
    (2) Between elevations of 1,183 and 1,942 m (3,880 and 6,370 ft).
    Family Campanulaceae: Delissea undulata (NCN).
    Hawaii W, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Delissea undulata on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry cinder cones and open Sophora chrysophylla and Metrosideros 
polymorpha forest containing one or more of the following associated 
native plant species: Diospyros sandwicensis, Dodonaea viscosa, 
Psychotria mariniana, P. greenwelliae, Santalum

[[Page 37103]]

paniculatum, Sophora chrysophylla, Nothocestrum breviflorum, or Acacia 
koa, and
    (2) Elevations between 890 to 1,747 m (2,920 to 5,730 ft).
    Family Caryophyllaceae: Silene hawaiiensis (NCN).
    Hawaii H, AA, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Silene hawaiiensis on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) In weathered lava, but also on variously aged lava flows and 
cinder substrates in montane and subalpine dry shrubland and containing 
one or more of the following associated native plants species: 
Metrosideros polymorpha, Sophora chrysophylla, Vaccinium reticulatum, 
Styphelia tameiameiae, Rumex giganteus, or Dodonaea viscosa; and
    (2) Elevations between 896 and 3,011 m (2,940 and 9,880 ft).
    Family Caryophyllaceae: Silene lanceolata (NCN).
    Hawaii AA, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Silene lanceolata on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Rocky tumuli or outcrops, on aa lava, in deep ash deposits over 
pahoehoe lava and in Mauna Kea substrate in dry montane shrubland 
containing one or more of the following associated native plant 
species: Eragrostis sp., Metrosideros polymorpha, Chamaesyce sp., 
Myoporum sandwicense, Sophora chrysophylla, Chenopodium oahuense, 
Dodonaea viscosa, Styphelia tameiameiae, or Dubautia linearis, and
    (2) Elevations between 1,253 and 1,320 m (4,110 and 4,330 ft).
    Family Convolvulaceae: Bonamia menziesii (NCN).
    Hawaii Z, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Bonamia menziesii on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry forest containing one or more of the following associated 
native plant species: Diospyros sandwicensis, Erythrina sandwicensis, 
Xylosma hawaiiense, Myrsine lanaiensis, Metrosideros polymorpha, 
Santalum paniculatum, Sapindus saponaria, Pouteria sandwicensis, 
Nototrichium sandwicense, Chenopodium oahuense, Senna gaudichaudii, 
Sophora chrysophylla, Sida fallax, Osteomeles anthyllidifolia, Dodonaea 
viscosa, Canavalia hawaiiensis, Argemone glauca, Peperomia blanda var. 
floribunda, or Psilotum nudum, and
    (2) Elevations between 421 and 704 m (1,380 and 2,310 ft).
    Family Cucurbitaceae: Sicyos alba (anunu).
    Hawaii G, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Sicyos alba on Hawaii. 
Within this unit, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha-Cibotium glaucum dominated montane wet 
forests, containing one or more of the following associated native 
plant species: Coprosma sp., Astelia menziesii., Athyrium sp., 
Psychotria sp., Cheirodendron trigynum, Pritchardia beccariana, 
Platydesma spathulata, Broussaisia arguta, Cyrtandra lysiosepala, 
Stenogyne sp., Perrottetia sandwicensis, Cheirodendron trigynum, Cyanea 
tritomantha, or Athyrium microphyllum and other ferns; and
    (2) Elevations between 896 and 1,576 m (2,940 and 5,170 ft).
    Family Cyperaceae: Mariscus fauriei (NCN).
    Hawaii O, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Mariscus fauriei on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Diospyros sandwicensis-Metrosideros polymorpha-Sapindus 
saponaria dominated lowland dry forests, often on a lava substrate 
containing one or more of the following associated native plant 
species: Sophora chrysophylla, Myoporum sandwicense, Psydrax odorata, 
Peperomia blanda var. floribunda, Osteomeles anthyllidifolia, or 
Rauvolfia sandwicensis, and
    (2) Elevations between 107 and 402 m (350 and 1,320 ft).
    Family Euphorbiaceae: Flueggea neowawraea (mehamehame).
    Hawaii Q, R, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Flueggea neowawraea on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Mesic Metrosideros polymorpha forest containing one or more of 
the following associated native plant species: Nestegis sandwicensis, 
Psychotria hawaiiensis, Pittosporum hosmeri, Pipturus albidus, Pisonia 
spp., Diospyros sandwicensis, Psydrax odorata, Antidesma platyphyllum, 
A. pulvinatum, or Nephrolepis spp., and
    (2) Elevations between 424 to 820 m (1,390 to 2,690 ft).
    Family Fabaceae: Sesbania tomentosa (ohai).
    Hawaii C, L, N, BB, identified in the legal descriptions in 
paragraph (a)(1)(i)(H), constitute critical habitat for Sesbania 
tomentosa on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Open, dry Metrosideros polymorpha forest with mixed native 
grasses, Scaevola sericea coastal dry shrubland on windswept slopes, 
and weathered basaltic slopes containing one or more of the following 
associated native plant species: Sporobolus virginicus, Styphelia 
tameiameiae, Wollastonia integrifolia, Jacquemontia sandwicensis, Sida 
fallax, Ipomoea pes-caprae, Dodonaea viscosa, Fimbristylis hawaiiensis, 
Myoporum sandwicense, or Waltheria indica, and
    (2) Elevations between sea level and 954 m (0 and 3,130 ft).
    Family Fabaceae: Vigna o-wahuensis (NCN).
    Hawaii D, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Vigna o-wahuensis on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dodonaea viscosa lowland dry shrubland containing one or more 
of the following associated native plant species: Chenopodium oahuense, 
Dodonaea viscosa, Osteomeles anthyllidifolia, Wikstroemia sp., or Sida 
fallax; and
    (2) Elevations between 351 and 2,274 m (1,150 to 7,460 ft).
    Family Gesneriaceae: Cyrtandra giffardii (haiwale).
    Hawaii F, G, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Cyrtandra giffardii on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Wet montane forest dominated by Cibotium sp. or Metrosideros 
polymorpha and Metrosideros polymorpha-Acacia koa lowland wet forests 
containing one or more of the following associated native plant 
species: Hedyotis terminalis, Astelia menziesiana, Diplazium 
sandwicensis, Perrottetia sandwicensis, or other species of Cyrtandra; 
and
    (2) Between elevations of 637 and 1,676 m (2,090 and 5,500 ft).
    Family Gesneriaceae: Cyrtandra tintinnabula (haiwale).

[[Page 37104]]

    Hawaii F, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Cyrtandra tintinnabula 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland wet forest dominated by dense Acacia koa, Metrosideros 
polymorpha, and Cibotium spp. containing one or more of the following 
associated native plant species: Cyrtandra spp. or Hedyotis spp.; and
    (2) Between elevations 390 and 1,430 m (1,280 and 4,690 ft).
    Family Lamiaceae: Phyllostegia racemosa (NCN).
    Hawaii E, F, G, H, identified in the legal descriptions in 
paragraph (a)(1)(i)(H), constitute critical habitat for Phyllostegia 
racemosa on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Epiphytic conditions in Acacia koa, Metrosideros polymorpha, 
and Cibotium sp. dominated montane mesic or wet forests containing one 
or more of the following associated native plant species: Vaccinium 
calycinum, Rubus hawaiiensis, or Dryopteris wallichiana; and
    (2) Elevations between 1,369 and 1,966 m (4,490 to 6,450 ft).
    Family Lamiaceae: Phyllostegia velutina (NCN).
    Hawaii G, K, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Phyllostegia velutina on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha-Acacia koa dominated montane mesic and 
wet forests containing one or more of the following native plant 
species: Cibotium spp., Cheirodendron trigynum, Vaccinium calycinum, 
Coprosma sp., Dryopteris wallichiana, Rubus hawaiiensis, Pipturus 
albidus, Athyrium microphyllum and other native wet forest terrestrial 
ferns, Myrsine lessertiana, or Ilex anomala; and
    (2) Elevations between 908 and 1,887 m (2,980 and 6,190 ft).
    Family Lamiaceae: Phyllostegia warshaueri (NCN).
    Hawaii B, F, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Phyllostegia warshaueri 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha and Cibotium montane and lowland wet 
forest in which Acacia koa or Cheirodendron trigynum may co-dominate, 
containing one or more of the following associated native plant 
species: Antidesma platyphyllum, Psychotria hawaiiensis, Hedyotis sp., 
Coprosma sp., Sadleria pallida, Broussaisia arguta, Pipturus albidus, 
Clermontia parviflora, Athyrium sandwicensis, Machaerina angustifolia, 
Cyanea pilosa, or other Cyanea spp.; and
    (2) Elevations between 730 and 1,150 m (2,400 and 3,770 ft).
    Family Liliaceae: Pleomele hawaiiensis (hala pepe).
    Hawaii A, L, P, Z, identified in the legal descriptions in 
paragraph (a)(1)(i)(H), constitute critical habitat for Pleomele 
hawaiiensis on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Open aa lava in diverse lowland dry forests and Metrosideros-
Diospyros lowland dry forest containing one or more of the following 
associated native plant species: Metrosideros polymorpha, Reynoldsia 
sandwicensis, Dodonaea viscosa, Diospyros sandwicensis, Sophora 
chrysophylla, Psydrax odorata, Cocculus trilobus, Myoporum sandwicense, 
Nestegis sandwicensis, Bobea timonioides, Kokia drynarioides, 
Nototrichium sandwicense, Sida fallax, Erythrina sandwicensis, Santalum 
paniculatum, Osteomeles anthyllidifolia, Caesalpinia kavaiensis, 
Colubrina oppositifolia, Nothocestrum breviflorum, Neraudia ovata, or 
Bidens micrantha ssp. ctenophylla; and
    (2) Elevations between 152 and 969 m (500 and 3,180 ft).
    Family Malvaceae: Hibiscadelphus giffardianus (hau kuahiwi).
    Hawaii I, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Hibiscadelphus 
giffardianus on Hawaii. Within this unit, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Mixed montane mesic forest containing one or more of the 
following native plant species: Metrosideros polymorpha, Acacia koa, 
Sapindus saponaria, Coprosma rhynchocarpa, Pipturus albidus, Psychotria 
sp., Nestegis sandwicensis, Melicope spp., Dodonaea viscosa, or 
Myoporum sandwicense; and
    (2) Elevations between 1,192 and 1,277 m (3,910 and 4,190 ft).
    Family Malvaceae: Hibiscadelphus hualalaiensis (hau kuahiwi).
    Hawaii Z, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Hibiscadelphus 
hualalaiensis on Hawaii. Within this unit, the currently known primary 
constituent elements of critical habitat and the habitat components 
provided by:
    (1) Dry mesic to dry Metrosideros forest on rocky substrate in deep 
soils containing one or more of the following native plants species: 
Metrosideros polymorpha, Acacia koa, Sapindus saponaria, Coprosma 
rhynchocarpa, Pipturus albidus, Psychotria sp., Nestegis sandwicensis, 
Melicope spp., Dodonaea viscosa, or Myoporum sandwicense; and
    (2) Between elevations 509 and 1,241 m (1,670 and 4,070 ft).

Family Malvaceae: Hibiscus brackenridgei (mao hau hele)

    Hawaii Z, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Hibiscus brackenridgei 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Acacia koa lowland mesic forest between containing one or more 
of the following native plants species: Sida fallax or Reynoldsia 
sandwicensis, and
    (2) Elevations between 457 and 793 (1,500 and 2,600 ft).

Family Plantaginaceae: Plantago hawaiensis (laukahi kuahiwi)

    Hawaii G, H, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Plantago hawaiensis on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Either montane wet sedge land (often in damp cracks of pahoehoe 
lava) with mixed sedges and grasses, montane mesic forest, dry 
subalpine woodland, or Metrosideros polymorpha and native shrub, 
containing one or more of the following associated native plant 
species: stunted Acacia koa and Metrosideros polymorpha, Styphelia 
tameiameiae, Vaccinium reticulatum, Dodonaea viscosa, Coprosma montana, 
or Coprosma ernodeoides; and
    (2) Elevations between 1,512 and 2,585 m (4,960 and 8,480 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Hawaii M, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Ischaemum byrone on 
Hawaii. Within this unit, the currently known primary

[[Page 37105]]

constituent elements of critical habitat are the habitat components 
provided by:
    (1) Coastal wet to dry shrubland, near the ocean, rocks or pahoehoe 
lava in cracks and holes containing one or more of the following 
associated native plant species: Scaevola sericea or Fimbristylis 
cymosa, and
    (2) Elevations between sea level and 137 m (0 and 460 ft).
    Family Portulacaceae: Portulaca sclerocarpa (poe).
    Hawaii D, L, AA, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Portulaca sclerocarpa on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Weathered Mauna Kea soils, cinder cones, or geologically young 
lavas, in montane dry shrubland, often on bare cinder, near steam 
vents, or in open Metrosideros polymorpha dominated woodlands 
containing one or more of the following associated native plant 
species: Sophora chrysophylla, Wollastonia venosa, or Dodonaea viscosa, 
and
    (2) Elevations between 351 and 2,274 m (1,150 to 7,460 ft).
    Family Rhamnaceae: Colubrina oppositifolia (kauila).
    Hawaii Q, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Colubrina oppositifolia 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland dry and mesic forests dominated by Diospyros 
sandwicensis or Metrosideros polymorpha, containing one or more of the 
following associated native plant species: Nototrichium sandwicense, 
Nothocestrum breviflorum, Bobea timoniodes, Rauvolfia sandwicensis, 
Erythrina sandwicensis, Sophora chrysophylla, Nestegis sandwicensis, 
Peperomia sp., Psydrax odorata, Reynoldsia sandwicensis, Pleomele 
hawaiiensis, or Styphelia tameiameiae; and
    (2) Elevations between 162 and 945 m (530 and 3,100 ft).
    Family Rhamnaceae: Gouania vitifolia (NCN).
    Hawaii Q, identified in the legal description in paragraph 
(a)(1)(i)(H) constitutes critical habitat for Gouania vitifolia on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry, rocky ridges and slopes in dry shrubland or dry to mesic 
Nestegis-Metrosideros forests on old substrate kipuka containing one or 
more of the following associated native plant species: Nestegis 
sandwicensis, Wikstroemia sandwicensis, Wikstroemia phillyreifolia, 
Nephrolepis spp., or Pipturus albidus, and
    (2) Elevations between 503 and 1,039 m (1,650 and 3,410 ft).
    Family Rubiaceae: Hedyotis coriacea (kioele).
    Hawaii AA, identified in the legal description in paragraph 
(a)(1)(i)(H) constitutes critical habitat for Hedyotis coriacea on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Geologically young (<3,000 years old) Mauna Loa pahoehoe lava 
with sparse Metrosideros forest, open Metrosideros forest with sparse 
shrub understory or open Metrosideros forest with dense shrub 
understory containing one or more of the following native plant 
species: Sophora chrysophylla, Myoporum sandwicense, Dodonaea viscosa, 
Chenopodium oahuense, Styphelia tameiameiae, Eragrostis deflexa, 
Festuca hawaiiensis, or Portulaca sclerocarpa; and
    (2) Elevations between 1,506 to 1,780 m (4,940 to 5,840 ft).
    Family Rubiaceae: Melicope zahlbruckneri (alani).
    Hawaii I, K, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Melicope zahlbruckneri on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Acacia koa-Metrosideros polymorpha dominated montane mesic 
forest containing one of more of the following associated native plant 
species: Sapindus saponaria, Coprosma rhynchocarpa, Zanthoxylum 
dipetalum, Pipturus albidus, Psychotria hawaiiensis, Nestegis 
sandwicensis, Myoporum sandwicense, Pisonia brunoniana, or Melicope 
spp.; and
    (2) Elevations between 692 and 1,393 m (2,270 and 4,570 ft).
    Family Rutaceae: Zanthoxylum dipetalum var. tomentosum (ae).
    Hawaii Z, identified in the legal description in paragraph 
(a)(1)(i)(M) constitutes critical habitat for Zanthoxylum dipetalum 
var. tomentosum on Hawaii. Within this unit, the currently known 
primary constituent elements of critical habitat are the habitat 
components provided by:
    (1) Metrosideros polymorpha dominated montane mesic forest, often 
on aa lava, containing one or more of the following associated native 
plant species: Sophora chrysophylla, Diospyros sandwicensis, Pouteria 
sandwicensis, Santalum paniculatum, Reynoldsia sandwicensis, Myrsine 
sp., or Psychotria sp.; and
    (2) Elevations between 872 and 1,210 m (2,860 and 3,970 ft).
    Family Rutaceae: Zanthoxylum hawaiiense (ae).
    Hawaii AA, identified in the legal description in paragraph 
(a)(1)(i)(H) constitutes critical habitat for Zanthoxylum hawaiiense on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha dry forest or in open Myoporum-Dodonaea 
shrubland on rough aa lava containing one or more of the following 
associated native plant species: Dodonaea viscosa, Myoporum 
sandwicense, or Dubautia linearis; and
    (2) Elevations between 1,204 and 1,756 m (3,950 and 5,760 ft).
    Family Solanaceae: Nothocestrum breviflorum (aiea).
    Hawaii A, V, Z, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Nothocestrum breviflorum 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland dry forest, montane dry forest, or montane mesic forest 
dominated by Metrosideros polymorpha, Acacia koa, or Diospyros 
sandwicensis on aa lava substrates containing one or more of the 
following associated native plant species: Sophora chrysophylla, 
Reynoldsia sandwicensis, Psydrax odorata, Myoporum sandwicense, Bidens 
micrantha, Dodonaea viscosa, Osteomeles anthyllidifolia, Santalum 
paniculatum, S. ellipticum, Caesalpinia kavaiensis, Erythrina 
sandwicensis, Colubrina oppositifolia, Kokia drynarioides, 
Hibiscadelphus hualalaiensis, or Delissea undulata; and
    (2) Elevations between 152 and 1,948 m (500 and 6,390 ft).
    Family Solanaceae: Solanum incompletum (popolo ku mai).
    Hawaii W, AA, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Solanum incompletum on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Dry to mesic forest, diverse mesic forest, or subalpine forest 
containing one or more of the following associated native plant 
species: Myoporum sandwicense, Myrsine lanaiensis, or Sophora 
chrysophylla; and
    (2) Elevations between 1,192 and 2,259 m (3,910 and 7,410 ft).

[[Page 37106]]

    Family Urticaceae: Neraudia ovata (NCN).
    Hawaii Q, Y, AA, identified in the legal descriptions in paragraph 
(a)(1)(i)(H) , constitute critical habitat for Neraudia ovata on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Open Metrosideros polymorpha-Sophora chrysophylla dominated 
lowland, montane dry forests, or Metrosideros-shrub woodland containing 
one or more of the following associated native plant species: 
Reynoldsia sandwicensis, Myoporum sandwicense, Cocculus triloba, 
Myrsine lessertiana, Myrsine lanaiensis, Nothocestrum breviflorum, 
Pleomele hawaiiensis, Capparis sandwichiana, Fimbristylis hawaiiensis, 
or Bidens micrantha ssp. ctenophylla; and
    (2) Elevations between 115 and 1,829 m (380 to 6,000 ft).
    Family Violaceae: Isodendrion hosakae (aupaka).
    Hawaii D, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Isodendrion hosakae on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Cinder cones with montane dry shrubland containing one or more 
of the following associated native plant species: Dodonaea viscosa, 
Styphelia tameiameiae, Wikstroemia pulcherrima, Dubautia linearis, 
Sophora chrysophylla, Osteomeles anthyllidifolia, Wollastonia venosa, 
Bidens menziesii, or Santalum ellipticum; and
    (2) Between elevations 655 and 1,259 m (2,150 and 4,130 ft).
    Family Violaceae: Isodendrion pyrifolium (wahine noho kula).
    Hawaii Y, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Isodendrion pyrifolium 
on Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Lowland dry forests containing one or more of the following 
native plant species: Psydrax odorata, Sida fallax, Myoporum 
sandwicense, Sophora chrysophylla, or Waltheria indica; and
    (2) Elevations between 18 to 137 m (60 to 450 ft).
    (B) Ferns and Allies.

Family Aspleniaceae: Asplenium fragile var. insulare (NCN)

    Hawaii G, K, AA, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Asplenium fragile var. 
insulare on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat are the habitat components 
provided by:
    (1) Metrosideros polymorpha dry montane forest, Dodonaea viscosa 
dry montane shrubland, Myoporum sandwicense-Sophora chrysophylla dry 
montane forest, Metrosideros polymorpha-Acacia koa forest, or subalpine 
dry forest and shrubland with big, moist lava tubes (from 3.05 m to 
4.57 m (10 to 15 ft) in diameter), pits, deep cracks, and lava tree 
molds, with at least a moderate soil or ash accumulation or, 
infrequently, the interface between younger aa lava flows and much 
older pahoehoe lava or ash deposits, with a fairly consistent 
microhabitat (areas that are moist and dark), and containing one or 
more of the following associated native plant species: Phyllosteia 
ambigua, Styphelia tameiameiae, Vaccinium reticulatum, mosses, or 
liverworts; and
    (2) Elevations between 930 and 2,710 m (3,050 and 8,890 ft).

Family Aspleniaceae: Diellia erecta (NCN)

    Hawaii Q, R, identified in the legal descriptions in paragraph 
(a)(1)(i)(H), constitute critical habitat for Diellia erecta on Hawaii. 
Within these units, the currently known primary constituent elements of 
critical habitat are the habitat components provided by:
    (1) Metrosideros polymorpha-Nestegis sandwicensis lowland mesic 
forest containing one or more of the following associated native plant 
species: Diospyros sandwicensis, Psydrax odorata, Antidesma 
platyphyllum, A. pulvinatum, Microlepia sp., Nestegis sandwicensis, 
Wikstroemia sandwicensis, Wikstroemia phillyreifolia, or Nephrolepis 
spp.; and
    (2) Elevations between 448 and 982 m (1,470 and 3,220 ft).

Family Grammitidaceae: Adenophorus periens (pendant kihi fern)

    Hawaii J, identified in the legal description in paragraph 
(a)(1)(i)(H), constitutes critical habitat for Adenophorus periens on 
Hawaii. Within this unit, the currently known primary constituent 
elements of critical habitat are the habitat components provided by:
    (1) Epiphytic on Metrosideros polymorpha or Ilex anomala or 
possibly other native tree trunks, in Metrosideros polymorpha-Cibotium 
glaucum lowland wet forest containing one or more of the following 
associated native plant species: Broussasia arguta, Cheirodendron 
trigynum, Cyanea sp., Cyrtandra sp., Dicranopteris linnearis, 
Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, Machaerina 
angustifolia, Psychotria sp., or Psychotria hawaiiensis; and
    (2) Elevations between 338 and 1,180 m (1,110 and 3,870 ft).

    Dated: May 2, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-11349 Filed 5-24-02; 8:45 am]
BILLING CODE 4310-55-P