[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Rules and Regulations]
[Pages 39624-39761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14143]



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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; Final Designation and 
Nondesignation of Critical Habitat for 46 Plant Species From the Island 
of Hawaii, HI; Final Rule

  Federal Register / Vol. 68, No. 127 / Wednesday, July 2, 2003 / Rules 
and Regulations  

[[Page 39624]]


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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; Final Designation 
and Nondesignation of Critical Habitat for 46 Plant Species From the 
Island of Hawaii, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat pursuant to the Endangered Species Act of 1973, as 
amended (Act), for 41 of 58 listed plant species known historically 
from the island of Hawaii. A total of approximately 84,200 hectares 
(208,063 acres) of land on the island of Hawaii fall within the 
boundaries of the 99 critical habitat units designated for these 41 
species. This critical habitat designation requires the Service to 
consult under section 7 of the Act with regard to actions carried out, 
funded, or authorized by a Federal agency. Section 4 of the Act 
requires us to consider economic and other relevant impacts when 
specifying any particular area as critical habitat. This rule also 
determines that designating critical habitat would not be prudent for 
four species, Cyanea copelandii ssp. copelandii, Ochrosia kilaueaensis, 
Pritchardia affinis, and Pritchardia schattaueri. We solicited data and 
comments from the public on all aspects of the proposed rule, including 
data on economic and other impacts of the designation.

DATES: This rule becomes effective on August 1, 2003.

ADDRESSES: Comments and materials received, as well as supporting 
documentation, used in the preparation of this final rule will be 
available for public inspection, by appointment, during normal business 
hours at U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.

FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific 
Islands Office at the above address (telephone 808/541-3441; facsimile 
808/541-3470).

SUPPLEMENTARY INFORMATION: 

Designation of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the ESA, the Service has found that the 
designation of statutory critical habitat provides little additional 
protection to most listed species, while consuming significant amounts 
of available conservation resources. The Service's present system for 
designating critical habitat has evolved since its original statutory 
prescription into a process that provides little real conservation 
benefit, is driven by litigation and the courts rather than biology, 
limits our ability to fully evaluate the science involved, consumes 
enormous agency resources, and imposes huge social and economic costs. 
The Service believes that additional agency discretion would allow our 
focus to return to those actions that provide the greatest benefit to 
the species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    While attention to and protection of habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. [Sidle (1987) stated, ``Because the ESA can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.''
    Currently, only 306 species or 25% of the 1,211 listed species in 
the U.S. under the jurisdiction of the Service have designated critical 
habitat. We address the habitat needs of all 1,211 listed species 
through conservation mechanisms such as listing, section 7 
consultations, the Section 4 recovery planning process, the Section 9 
protective prohibitions of unauthorized take, Section 6 funding to the 
States, and the Section 10 incidental take permit process. The Service 
believes that it is these measures that may make the difference between 
extinction and survival for many species.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result, 
listing petition responses, the Service's own proposals to list 
critically imperiled species, and final listing determinations on 
existing proposals are all significantly delayed.
    The accelerated schedules of court ordered designations have left 
the Service with almost no ability to provide for adequate public 
participation or to ensure a defect-free rulemaking process before 
making decisions on listing and critical habitat proposals due to the 
risks associated with noncompliance with judicially-imposed deadlines. 
This in turn fosters a second round of litigation in which those who 
fear adverse impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, is very 
expensive, and in the final analysis provides relatively little 
additional protection to listed species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with NEPA, 
all are part of the cost of critical habitat designation. None of these 
costs result in any benefit to the species that is not already afforded 
by the protections of the Act enumerated earlier, and they directly 
reduce the funds available for direct and tangible conservation 
actions. Sidle, J.G. 1987. Critical Habitat Designation: Is it Prudent? 
Environmental Management 11(4):429-437.

Background

    In the List of Endangered and Threatened Plants (50 CFR 17.12(h)), 
there are 58 plant species that, at the time of listing, were reported 
from the island of Hawaii.
    Twenty-seven of these species are endemic to the island of Hawaii, 
while 31 species are reported from the island of Hawaii and one or more 
other

[[Page 39625]]

Hawaiian islands. Each of these species is described in more detail 
below in the section named, ``Discussion of Plant Taxa.'' Although we 
considered designating critical habitat on the island of Hawaii for 
each of the 58 plant species, for reasons described below, the final 
designation includes critical habitat for 41 of 58 plant species. 
Species that also occur on other Hawaiian islands may have critical 
habitat designated on those other islands in previous rulemakings.

The Island of Hawaii

    This largest island of the Hawaiian archipelago comprises 10,458 
square kilometers (sq km) (4,038 sq miles (mi)) or two-thirds of the 
land area of the State of Hawaii, giving rise to its common name, the 
``Big Island.'' We provided a detailed physical description for the 
island of Hawaii in the proposed critical habitat designation (67 FR 
36970).

Species Endemic to Hawaii

    These species and their distribution by island are identified in 
Table 1 in the Federal Register notice proposing this critical habitat 
designation (67 FR 36969). However, it is important to note that in 
this final rule we are using the word ``occurrence'' rather than 
``population'' in most cases. This was done to avoid confusion 
regarding the number of location occurrences for each species, which do 
not necessarily represent viable populations, and the number of 
recovery populations (e.g., 8 to 10 with 100, 300, or 500 reproducing 
individuals). For those species where we have substantial new or 
corrected information, including revisions to the number occurrence, we 
list that information below by species. For all other species and 
additional species specific background information on the species 
listed below please refer to the proposed rule (May 28, 2002, 67 FR 
36968).
    A summary of occurrences and landownership for the 58 plant species 
on the island of Hawaii appears given in Table 1.

 Table 1.--Summary of Existing Occurrences on the Island of Hawaii and of Landownership for 58 Species Reported
                                            From the Island of Hawaii
----------------------------------------------------------------------------------------------------------------
                                                                           Landownership/jurisdiction
               Species                   Number of current    --------------------------------------------------
                                            occurrences            Federal           State           Private
----------------------------------------------------------------------------------------------------------------
Achyranthes mutica..................  1......................  ...............  ...............               X
Adenophorus periens.................  4......................           X \1\                X                X
Argyroxiphium kauense...............  4......................           X \1\                X                X
Asplenium fragile var. insulare.....  36.....................       X \1\ \2\                X                X
Bonamia menziesii...................  2......................  ...............  ...............               X
Cenchrus agrimonioides..............  0......................  ...............  ...............  ...............
Clermontia drepanomorpha............  2......................  ...............               X                X
Clermontia lindseyana...............  15.....................           X \3\                X   ...............
Clermontia peleana..................  0......................  ...............  ...............  ...............
Clermontia pyrularia................  2......................           X \1\                X   ...............
Colubrina oppositifolia.............  5......................  ...............               X                X
Cyanea copelandii ssp. copelandii...  0......................  ...............  ...............  ...............
Ctenitis squamigera.................  0......................  ...............  ...............  ...............
Cyanea hamatiflora ssp. carlsonii...  4......................           X \3\                X   ...............
Cyanea platyphylla..................  6......................  ...............               X                X
Cyanea shipmanii....................  3......................           X \3\                X                X
Cyanea stictophylla.................  6......................  ...............               X                X
Cyrtandra giffardii.................  8......................           X \1\                X                X
Cyrtandra tintinnabula..............  4......................  ...............               X                X
Delissea undulata...................  2......................  ...............               X   ...............
Diellia erecta......................  5......................  ...............               X   ...............
Flueggea neowawraea.................  12.....................  ...............               X                X
Gouania vitifolia...................  4......................  ...............               X   ...............
Hedyotis cookiana...................  0......................  ...............  ...............  ...............
Hedyotis coriacea...................  41.....................           X \2\   ...............  ...............
Hibiscadelphus giffardianus.........  1 (planted)............           X \1\   ...............  ...............
Hibiscadelphus hualalaiensis........  2 (planted)............  ...............               X   ...............
Hibiscus brackenridgei..............  4......................  ...............               X                X
Ischaemum byrone....................  6......................           X \1\                X                X
Isodendrion hosakae.................  3......................  ...............  ...............               X
Isodendrion pyrifolium..............  1......................  ...............               X   ...............
Mariscus fauriei....................  2......................  ...............               X                X
Mariscus pennatiformis..............  0......................  ...............  ...............  ...............
Melicope zahlbruckneri..............  3......................           X \1\                X   ...............
Neraudia ovata......................  9......................       X \1\ \2\                X                X
Nothocestrum breviflorum............  66.....................       X \1\ \3\                X                X
Ochrosia kilaueaensis...............  0......................  ...............  ...............  ...............
Phlegmariurus mannii................  0......................  ...............  ...............  ...............
Phyllostegia parviflora.............  0......................  ...............  ...............  ...............
Phyllostegia racemosa...............  6......................       X \1\ \3\                X                X
Phyllostegia velutina...............  8......................           X \3\                X                X
Phyllostegia warshaueri.............  7......................  ...............               X                X
Plantago hawaiensis.................  6......................           X \1\                X   ...............
Plantago princeps...................  0......................  ...............  ...............  ...............
Pleomele hawaiiensis................  22.....................           X \1\                X                X
Portulaca sclerocarpa...............  24.....................       X \1\ \2\                X                X
Pritchardia affinis.................  unknown................  ...............  ...............  ...............

[[Page 39626]]

 
Pritchardia schattaueri.............  3......................  ...............  ...............               X
Sesbania tomentosa..................  31.....................       X \1\ \4\                X   ...............
Sicyos alba.........................  5......................           X \1\                X   ...............
Silene hawaiiensis..................  156....................       X \1\ \2\                X                X
Silene lanceolata...................  69.....................           X \2\   ...............  ...............
Solanum incompletum.................  1......................           X \2\   ...............  ...............
Spermolepis hawaiiensis.............  30.....................       X \1\ \2\                X
Tetramolopium arenarium.............  8......................           X \2\   ...............  ...............
Vigna o-wahuensis...................  1......................  ...............  ...............               X
Zanthoxylum dipetalum var.            14.....................  ...............               X   ...............
 tomentosum.
Zanthoxylum hawaiiense..............  186....................           X \2\                X   ...............
----------------------------------------------------------------------------------------------------------------
\1\ Hawaii Volcanoes National Park.
\2\ PTA.
\3\ Hakalau Forest National Wildlife Refuge.
\4\ Government Services Administration

Previous Federal Action

    On May 28, 2002, we published the court-ordered proposed critical 
habitat designations for 58 plant species from the island of Hawaii (67 
FR 36968). In that proposed rule (beginning on page 36990), we included 
a detailed summary of the previous Federal actions completed prior to 
publication of the proposal. We now provide updated information on the 
actions that we have completed since the proposed critical habitat 
designation. In Table 2, we list the final critical habitat 
designations or nondesignations previously completed for 46 of the 58 
plant species from the island of Hawaii, some of which also occur on 
other islands.

 Table 2.--Summary of Critical Habitat Actions for 58 Plant Species From
                          the Island of Hawaii
------------------------------------------------------------------------
                                         Final critical habitat
            Species            -----------------------------------------
                                    Date(s)         Federal Register
------------------------------------------------------------------------
Achyranthes mutica............              NA  NA
Adenophorus periens...........       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     6/17/2003  68 FR 35949
Argyroxiphium kauense.........              NA  NA
Asplenium fragile var.               5/14/2003  68 FR 25934
 insulare.
Bonamia menziesii.............       2/27/2003  68 FR 9116
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Cenchrus agrimonioides........       5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Clermontia drepanomorpha......              NA  NA
Clermontia lindseyana.........       5/14/2003  68 FR 25934
Clermontia peleana............              NA  NA
Clermontia pyrularia..........              NA  NA
Colubrina oppositifolia.......       5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Ctenitis squamigera...........         2/27/03  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Cyanea copelandii ssp.                      NA  NA
 copelandii.
Cyanea hamatiflora ssp.                     NA  NA
 carlsonii.
Cyanea platyphylla............              NA  NA
Cyanea shipmanii..............              NA  NA
Cyanea stictophylla...........              NA  NA
Cyrtandra giffardii...........              NA  NA
Cyrtandra tintinnabula........              NA  NA
Delissea undulata.............       2/27/2003  68 FR 9116
Diellia erecta................       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Flueggea neowawraea...........       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949

[[Page 39627]]

 
Gouania vitifolia.............       5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Hedyotis cookiana.............       2/27/2003  68 FR 9116
Hedyotis coriacea.............       5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Hibiscadelphus giffardianus...              NA  NA
Hibiscadelphus hualalaiensis..              NA  NA
Hibiscus brackenridgei........       3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Ischaemum byrone..............       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
Isodendrion hosakae...........              NA  NA
Isodendrion pyrifolium........       3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Mariscus fauriei..............       3/19/2003  68 FR 12982
Mariscus pennatiformis........       2/27/2003  68 FR 9116
                                     5/14/2003  68 FR 25934
                                     5/22/2003  68 FR 28054
                                     6/17/2003  68 FR 35949
Melicope zahlbruckneri........              NA  NA
Neraudia ovata................              NA  NA
Nothocestrum breviflorum......              NA  NA
Ochrosia kilaueaensis.........              NA  NA
Phlegmariurus mannii..........       5/14/2003  68 FR 25934
Phyllostegia parviflora.......       6/17/2003  68 FR 35949
Phyllostegia racemosa.........              NA  NA
Phyllostegia velutina.........              NA  NA
Phyllostegia warshaueri.......              NA  NA
Plantago hawaiensis...........              NA  NA
Plantago princeps.............       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Pleomele hawaiiensis..........              NA  NA
Portulaca sclerocarpa.........       1/09/2003  68 FR 1220
Pritchardia affinis...........              NA  NA
Pritchardia schattaueri.......              NA  NA
Sesbania tomentosa............       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Sicyos alba...................              NA  NA
Silene hawaiiensis............              NA  NA
Silene lanceolata.............       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     6/17/2003  68 FR 35949
Solanum incompletum...........              NA  NA
Spermolepis hawaiiensis.......       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Tetramolopium arenarium.......              NA  NA
Vigna o'wahuensis.............       5/14/2003  68 FR 25934
                                     6/17/2003  68 FR 35949
Zanthoxylum dipetalum var.                  NA  NA
 tomentosum.
Zanthoxylum hawaiiense........       2/27/2003  68 FR 9116
                                     3/19/2003  68 FR 12982
                                     5/14/2003  68 FR 25934
------------------------------------------------------------------------

    For many of the 58 plant species from the island of Hawaii, the 
issue of whether critical habitat would be prudent was discussed in 
previous proposals and incorporated into the May 28 proposal (see 65 FR 
79192; 65 FR 83158; 67 FR 3939; 67 FR 15856; 67 FR 9806; 67 FR 16492; 
67 FR 36968; 67 FR 37108). We also proposed that critical habitat was 
not prudent for Cyanea copelandii ssp. copelandii and Ochrosia 
kilaueaensis because it would be of no benefit to these species. In the 
May 28 proposal, we proposed that critical habitat was not prudent for 
two

[[Page 39628]]

species of the native palm, Pritchardia affinis and Pritchardia 
schattaueri, because it would increase the threat of vandalism or 
collection of those species on the island of Hawaii. Critical habitat 
was not proposed for seven species (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 we were unable to 
identify any habitat essential to their conservation on the island. 
Critical habitat for 47 (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) of 58 plant species from the island of Hawaii was proposed 
on approximately 176,968 ha (437,285 ac) of land on the island of 
Hawaii (67 FR 36968).
    The publication of the proposed rule opened a 60-day public comment 
period, which closed on July 29, 2002. On July 11, 2002, we submitted 
joint stipulations to the U.S. District Court with Earthjustice 
requesting extension of the court orders for the final rules to 
designate critical habitat for plants from Lanai (December 30, 2002), 
Kauai and Niihau (January 31, 2003), Molokai (February 28, 2003), Maui 
and Kahoolawe (April 18, 2003), Oahu (April 30, 2003), the Northwestern 
Hawaiian Islands (April 30, 2003), and the island of Hawaii (May 30, 
2003), citing the need conduct additional review of the proposals, 
address comments received during the public comment periods, and to 
conduct a series of public workshops on the proposals. The joint 
stipulations were approved and ordered by the court on July 12, 2002. 
On August 26, 2002, we published a notice (67 FR 54766) reopening the 
public comment period until September 30, 2002, on the proposal to 
designate critical habitat for plants from the island of Hawaii. On 
September 24, 2002, we published a notice (67 FR 59811) announcing the 
reopening of the comment period until November 30, 2002, and a notice 
of a public hearing. On October 8, 2002, we held a public information 
meeting at the Hilo State Office Building, Hilo, Hawaii. On October 9, 
2002, we held a public information meeting at Waimea Civic Center, 
Waimea, Hawaii. On October 29, 2002, we held a public hearing at King 
Kamehameha Hotel, Kailua-Kona, Hawaii. On October 30, 2002, we held a 
public hearing at Hawaii Naniloa Resort, Hilo, Hawaii. On December 18, 
2002, we published a notice (67 FR 77464) announcing the availability 
of the draft economic analysis on the proposed critical habitat and 
reopening the comment period until January 17, 2003.
    In the final rule for Lanai plants (68 FR 1220), we found that 
critical habitat was prudent for the following 16 multi-island species 
that also occur on the island of Hawaii: Adenophorus periens, Bonamia 
menziesii, Cenchrus agrimonioides, Ctenitis squamigera, Diellia erecta, 
Hedyotis cookiana, Hibiscus brackenridgei, Isodendrion pyrifolium, 
Mariscus fauriei, Portulaca sclerocarpa, Sesbania tomentosa, Silene 
lanceolata, Solanum incompletum, Spermolepis hawaiiensis, Vigna o-
wahuensis, and Zanthoxylum hawaiiense. In the final rule for Kauai and 
Niihau plants (68 FR 9116), we found that critical habitat was prudent 
for the following seven multi-island species that are also found on the 
island of Hawaii: Achyranthes mutica, Delissea undulata, Flueggea 
neowawraea, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus 
mannii, and Plantago princeps. In the final rule for Maui and Kahoolawe 
plants (68 FR 25934), we found that critical habitat was prudent for 
the following eight multi-island species that also occur on the island 
of Hawaii: Asplenium fragile var. insulare, Clermontia lindseyana, 
Clermontia peleana, Colubrina oppositifolia, Gouania vitifolia, 
Hedyotis coriacea, Phyllostegia parviflora, and Tetramolopium 
arenarium.

Summary of Comments and Recommendations

    In the proposed rule published on May 28, 2002 (67 FR 36968), we 
requested that all interested parties submit written comments on the 
proposal. We also contacted all appropriate Federal, State, and local 
agencies, scientific organizations, and other interested parties and 
invited them to comment. Two requests for public hearings were 
received. We announced the date, time, and locations of the public 
hearings in letters to all interested parties, appropriate State and 
Federal agencies, county governments, and elected officials, and in 
notices published in the Federal Register (67 FR 59811) on September 
24, 2002, and in the Honolulu Star-Bulletin on October 11, 2002. 
Transcripts of the hearings held in Kailua-Kona and Hilo on October 29 
and 30, 2002, respectively, are available for inspection (see ADDRESSES 
section).
    We received a total of 29 oral and 672 written comments during the 
three comment periods on the proposal published on May 28, 2002 (67 FR 
36968), and the draft economic analysis, including the public 
information meetings and the public hearings held on October 29 and 
October 30, 2002. These included responses from 12 State offices, the 
Department of Defense (7 responses), and 10 designated peer reviewers. 
Approximately 586 of these written comments were identical letters 
submitted as part of a mailing campaign in support of the proposed 
critical habitat designations. Of the 86 parties who did not respond as 
part of the mailing campaign, 21 supported the proposed designation, 78 
were opposed, and 16 provided information or expressed neither 
opposition nor support for the proposed designation.
    We reviewed all comments received for substantive issues and new 
information regarding critical habitat for 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

[[Page 39629]]

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. Similar comments 
were grouped into general issues and are addressed in the following 
summary.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited independent opinions from 23 knowledgeable 
individuals (``peer reviewers'') with expertise in one or several 
fields, including familiarity with the species, familiarity with the 
geographic region that the species occurs in, and familiarity with the 
principles of conservation biology. We received comments from 10 of 
these reviewers. All generally supported our methodology and 
conclusions. Four of the peer reviewers supported the designation of 
critical habitat on the island of Hawaii and the other six neither 
specifically supported or opposed the designation. Comments received 
from the peer reviewers are summarized in the following section and 
were considered in developing this final rule.

Issue 1: Biological Justification and Methodology

    (1) Comment: A peer reviewer commented on the configuration of the 
units, stating that with irregular boundaries, the units will be 
difficult to identify on the ground and that such boundaries will 
complicate management and increase the risk of fragmentation and edge 
effects on plant populations within the units. The reviewer also noted 
that proposed units do not appear to be representative of known 
geographic and elevation ranges for species and that unit boundaries 
appear to encompass the minimum area needed to capture known site 
localities, which may not provide the full spectrum of habitat 
conditions necessary for long-term survival and recovery.
    Our Response: The irregular boundaries are a result of attempting 
to map the primary constituent elements for each species and of the 
overlapping effect of multiple species' critical habitat. Universal 
Transverse Mercator coordinates are given to help locate these 
properties on the ground. We concur with the peer reviewer on the 
importance of protecting the ecosystems on which these species depend, 
as stated in the purpose of the Act (section 2(b)), and of conserving 
areas large enough to maintain and expand populations. We considered 
the importance of this, as well as the location of primary constituent 
elements, when delineating the boundaries of critical habitat for these 
final designations. While we acknowledge the potential negative impacts 
of edge effects on small habitat fragments, we only included areas that 
provide the biological and other processes that are essential for the 
conservation of the species.
    (2) Comment: We received several comments regarding the 
incorporation of unoccupied habitat with critical habitat. A peer 
reviewer commented on the incorporation of unoccupied habitat to allow 
for the recovery of species that have been reduced to an unsustainable 
number of populations and said that it is unclear whether sufficient 
habitat is protected to provide the minimum populations needed for 
recovery. Another commenter raised the issue that more acreage of 
unoccupied habitat than occupied habitat was being proposed as critical 
habitat. This commenter felt that critical habitat should encompass the 
best populations of each species unless this is entirely impractical. 
One peer reviewer stated that the Service relied too heavily on 
currently occupied habitat and did not address potential habitat that 
currently lacks rare species.
    Our Response: The recovery plans for these species identify the 
need to expand existing populations and re-establish wild populations 
within the historical range of each species. Due to the extremely 
limited extant range of many of these species, designation of only 
occupied areas would not allow us to achieve the recovery goals 
developed for the species. Occupied areas, as well as similar 
contiguous or nearby habitat that occurs within the designated units of 
critical habitat that may be occupied in the future, provide the 
essential life cycle needs of the species and provide some or all of 
the habitat components essential for the conservation (i.e., primary 
constituent elements) of these species.
    The protection of additional unoccupied critical habitat is 
essential to ensure the recovery of these species through 
reintroduction. Although propagation and reintroduction are difficult 
for some species, both are vitally important to their recovery. Many 
recovery plans therefore include research into best methods of 
propagation and reintroduction as important tasks prior to attempting 
reintroduction. Areas of unoccupied habitat are essential to the 
conservation of the species because they provide habitat for the 
establishment of new populations.
    (3) Comment: Several commenters, including one peer reviewer, 
expressed concern regarding the Service's decision to not propose 
critical habitat for Pritchardia species. One reviewer concurred with 
our finding that designation was not prudent, citing their knowledge of 
theft and over-collection of the species; however, nine did not agree 
with the Service's finding that critical habitat was not prudent 
(particularly for P. affinis and P. schattaueri). Several commenters 
disagreed with the Service's decision to not propose critical habitat 
for P. affinis and P. schattaueri, stating that they felt the claim 
that designation would increase threats to these species was 
speculative.
    Our Response: In this final rule to designate or not designate 
critical habitat for 58 plants from the island of Hawaii, we have 
incorporated new information, and we have addressed comments and new 
information received during the comment periods. However, no additional 
information was provided during the comment periods that demonstrates 
that the threats to Pritchardia affinis and Pritchardia schattaueri 
from vandalism or collection would not increase if critical habitat 
were designated for these species on the island of Hawaii. We believe 
that designation of critical habitat would likely increase the threat 
from vandalism to or collection of these species of Pritchardia on the 
island of Hawaii. First, they are easy to identify, and second, they 
may be attractive to collectors of rare palms either for their personal 
use or to trade or sell for personal gain (Johnson 1996). We believe 
that the evidence shows that species of Pritchardia may be attractive 
to such collectors. Several nurseries advertise and sell Pritchardia 
palms, including these and other federally listed Pritchardia species.
    (4) Comment: The majority of the peer reviewers supported the 
multi-population approach and the Service's definition of a population 
for purposes of recovery; however, several peer reviewers commented on 
the recovery strategy of 8 to 10 populations for each species. Two peer 
reviewers commented that it might be difficult to achieve recovery plan 
goals of 8 to 10 populations for each species as some of these species 
are rare, localized island endemics that likely never had 8 to 10

[[Page 39630]]

populations throughout their evolutionary history and that the Service 
assumes that each population will be viable in the future when there is 
no guarantee of this.
    Our Response: The recovery objectives found in recovery plans for 
these species state that 8 to 10 viable populations are required for 
recovery of most of these species. Establishing and conserving 8 to 10 
viable populations on one or more islands within the historic range of 
the species will provide each species with a reasonable expectation of 
persistence and eventual recovery, even with the high potential that 
one or more of these populations will be eliminated by normal or random 
adverse events, such as fires and nonnative plant invasions. There are 
some specific exceptions to this general recovery goal of 8 to 10 
populations for species that are believed to be very narrowly 
distributed on a single island (e.g., Argyroxiphium kauense, for which 
the recovery goal is 10 or more large, widespread populations of at 
least 2,000 individuals each), and designation of critical habitat 
reflects these exceptions. For the majority of the species, however, 
designation of adequate suitable habitat for 8 to 10 populations as 
critical habitat is essential to give the species a reasonable 
likelihood of long-term survival and recovery, based on currently 
available information. Each recovery plan stated that these recovery 
goals will be revised as more specific information becomes available 
for each species.
    (5) Comment: Several peer reviewers raised the issue of genetic 
drift and the difficulty of measuring this phenomenon in terms of the 8 
to 10 populations. One reviewer recommended that we consider the 
consequences of this proposed population structuring on genetic drift 
or inbreeding, and how this potential problem might be alleviated. One 
peer reviewer commented that he did not believe that defining a 
population on the basis of low/no gene flow would benefit the species. 
One reviewer cautioned that for clonal species, the number (100, 300, 
500) needs to reflect genetic individuals, not ramets. Another stated 
that, ideally, every population should be genetically isolated from all 
other conspecific populations.
    Our Response: Many of the species have been reduced to such low 
numbers that the recovery plans identify propagation and reintroduction 
as a key step. While we do not have direct evidence for most species to 
indicate that reduced reproductive vigor or inbreeding are problems, we 
believe they should be considered, based on current conservation 
biology theory and practice. This is particularly important to consider 
when developing a propagation and reintroduction program, to ensure 
that recovery efforts do not cause or exacerbate genetic issues. While 
measures of genetic diversity do not directly measure relative fitness, 
it is reasonable to assume that the two are correlated. The issue of 
gene flow and genetic drift will be addressed through research actions 
identified as needed in the recovery plans.
    (6) Comment: One peer reviewer stated that the 8 to 10 population 
approach should not preclude the high priority of building large 
populations both through population growth and the merger of multiple 
small populations (which will require a breeding plan to conserve and 
increase the genetic diversity of remnant populations).
    Our Response: The areas designated as critical habitat in this rule 
allow for merging of multiple, small populations (where they exist) and 
the increase of population numbers as outlined in our recovery plans. 
Because the general use of the word ``population'' in the proposed rule 
caused some confusion, we replaced it with ``occurrence'' in this rule 
when referring to existing locations of plants, and we use 
``population'' only in the context of recovery guidelines.
    (7) Comment: Several commenters, including two peer reviewers, 
stated that the species' need for pollinators is important to consider. 
One peer reviewer stated that designation of critical habitat needs to 
consider the presence of appropriate pollinators for species that do 
not self-pollinate or feasible, sustainable alternatives to key 
pollinators that may be absent. The Service's consideration of this 
issue did not appear to be explicitly listed in the proposed rule.
    Our Response: Very little is known about the life histories of many 
of these plant species. The species' accounts provided in the proposed 
rule acknowledged that loss of pollinators, through habitat loss or 
predation by nonnative insects, could be a factor in lack of species' 
regeneration. As such, we created critical habitat units that were of 
sufficient size to provide habitat for at least one population of the 
target species in which the individuals could be regularly cross-
pollinated. We also recommend, as a management action, maintenance (to 
the extent we have data) of natural pollinators and pollination 
systems.
    (8) Comment: Two commenters stated that the Service failed to 
demonstrate that proposed critical habitat is essential to species 
conservation.
    Our Response: In order to be included in a critical habitat 
designation, if within range occupied by the species at time of 
listing, habitat must contain the biological or physical features 
essential to the conservation of the species and may require 
management. If outside the range at time of listing, it must be 
essential to the conservation of the species.
    (9) Comment: Several peer reviewers and other commenters, including 
the Department of Land and Natural Resources, Division of Forestry and 
Wildlife, a State agency, expressed concern over the inclusion of 
degraded habitat within critical habitat. Several peer reviewers stated 
that as much habitat as possible, even degraded habitat, should be 
protected as it has potential for reintroduction. One commenter noted 
that while they felt that focusing conservation efforts on the most 
pristine, least degraded sites is a logical, efficient, and cost-
effective strategy when possible, for many of the listed plant species 
there is not enough suitable habitat remaining, and, as a result, it is 
essential to include degraded areas for future restoration. One 
commenter specifically requested that excessively degraded areas and 
those dominated by nonnative plants be excluded from critical habitat 
as these areas would not, or only have nominal value to, support the 
taxa for which critical habitat is proposed.
    Our Response: We agree that recovery of a species is more likely in 
designated critical habitat in the least degraded areas containing 
primary constituent elements. However, for some species, especially 
those only known from low elevation areas, only degraded habitat 
remains. Therefore, some units contain essential habitat that, while 
currently degraded, is essential to the conservation of the species. 
Management for the restoration of these habitats is addressed in the 
species' recovery plans. However, we have excluded manmade features 
that do not contain the primary constituent elements, and we have 
revised this list based on information received during the public 
comment periods.
    (10) Comment: One peer reviewer commented on the omission of large 
areas of high quality dry forest that contain key populations of 
Neraudia ovata, Nothocestrum brevifolium, and Pleomele hawaiiensis from 
critical habitat. The commenter noted that hundreds of acres of the 
best dry forest were not proposed to be included as critical habitat; 
however, degraded shrublands (as low quality dry forest) were proposed 
for inclusion. One peer reviewer commented that some lowland

[[Page 39631]]

populations do not appear to have been included in the proposal. This 
reviewer recommended that suitable areas in lowlands that still support 
semi-natural plant communities and that have the potential to be 
restored should be considered.
    Our Response: This rule designates four critical habitat units for 
Neraudia ovata for a total of six populations. In addition, four 
populations of N. ovata occur on the excluded lands at PTA. Three 
critical habitat units for Nothocestrum breviflorum are designated in 
this rule for a total of nine populations. Four critical habitat units 
for Pleomele hawaiiensis are designated in this rule for a total of 
nine populations. In addition, excluded Kamehameha Schools land 
provides habitat for one population of Pleomele hawaiiensis. Thus, we 
have designated habitat for 8 to 10 populations for each of these 
species as outlined in our recovery plans. We evaluated all suitable 
habitat identified for each species under consideration in this rule, 
but are designating only those areas deemed essential for the 
conservation of these species. Nevertheless, the habitat outside of 
these areas may contribute to the conservation of these species and are 
subject to other provisions of the Act.
    (11) Comment: One peer reviewer did not agree that critical habitat 
should not be proposed for the seven plant species believed to be 
extirpated on the island of Hawaii, stating that even if they are 
believed extirpated, it is possible that some species may be found 
during future surveys. Even if this is not the case, future restoration 
efforts for these seven species may be more effective if currently 
unoccupied habitat on the island of Hawaii is included in designated 
critical habitat.
    Our Response: Critical habitat is not designated for Cenchrus 
agrimonioides, Ctenitis squamigera, Hedyotis cookiana, Mariscus 
pennatiformis, Phlegmariurus mannii, Phyllostegia parviflora, and 
Plantago princeps on the island of Hawaii because these species no 
longer occur on this island, and we are unable to determine habitat 
essential to their conservation. There is an undocumented report of 
Cenchrus agrimonioides on the island of Hawaii made in 1800. Ctenitis 
squamigera was last collected on the island of Hawaii in 1909, at 
``Kalua,'' an indeterminable place name. Hedyotis cookiana was last 
collected on the island of Hawaii in 1816. Mariscus pennatiformis has 
not been seen on the island of Hawaii since the middle of the 1800s. 
Phlegmariurus mannii was last collected on the island of Hawaii in 
1949. Phyllostegia parviflora has not been observed on the island of 
Hawaii since the 1800s. Plantago princeps has not been seen on the 
island of Hawaii since the 1860s. Until these species are rediscovered, 
we are unable to identify habitat essential to their conservation due 
to lack of information in the historical record. We chose not to 
speculate on the needs of these species on the island of Hawaii. 
Therefore, no change is made to our not prudent determinations here. If 
these species are rediscovered on the island of Hawaii, we may propose 
critical habitat for these species at that time.
    (12) Comment: Several commenters expressed concern over the 
Service's failure to propose critical habitat for 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.'' One commenter considered this finding to be the first step in 
delisting the species.
    Our Response: Historically, Cyanea copelandii ssp. copelandii was 
found at two sites on the southeastern slope of Mauna Loa, near 
Glenwood. Ochrosia kilaueaensis is known historically only from 
Puuwaawaa and at Kipuka Puaulu in Hawaii Volcanoes National Park. 
Neither of these species have been seen in the wild since 1957 and 
1927, respectively. No viable genetic material is known to exist for 
either species, so there is no possibility of propagation materials for 
use in restoration efforts. For these reasons, critical habitat is not 
designated, as it would be of no benefit.
    (13) Comment: One peer reviewer commented that in order to fully 
assess the validity of proposed critical habitat, an indication of the 
uncertainties in the data used in its identification should be 
included. This would include things such as whether expert opinion, 
data from surrogate species, or direct quantitative assessments were 
used and the relative reliability of those data sources. This type of 
information could then serve as a guide for further data collection and 
to highlight which critical habitat areas were likely to be modified 
once new data become available.
    Our Response: All data and information on species' status received 
in preparation of this rule were equally weighted and considered to 
come from reliable sources. Where discrepancies existed between 
different data sources, the most current data were used. Changes in 
this final rule that decrease the boundaries of many units are based on 
additional information received during the public comment period and in 
meetings with additional species experts and land managers.
    (14) Comment: Several commenters stated that they did not concur 
that the Service used the best available scientific information.
    Our Response: In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) 
of the Act and regulations at 50 CFR 424.12, we are required to base 
critical habitat determinations on the best scientific and commercial 
data available. The use of information gathered from reliable sources 
determined which lands were proposed as critical habitat. Based upon 
newly available information, coordination with landowners and 
stakeholders, and input received during the public comment period, we 
have made revisions to the areas designated as critical habitat, which 
are reflected in this final rule. We are not aware of any reliable 
information that is currently available to us that was not considered 
in this designation process.
    (15) Comment: One commenter noted that there are several listed 
plants historically known from the Hawaiian Islands that are not 
included in the proposals; they suggested that the proposals for 
critical habitat should clearly state that only plants listed from 1990 
to 1996 are included. Another commenter expressed concern over the 
Service's failure to propose critical habitat for Cyrtandra crenata. 
One peer reviewer commented that it was unclear why critical habitat 
was not proposed for designation on the island of Hawaii for 
Caesalpinia kavaiensis, Abutilon menziesii, Argyroxiphium sandwicense 
ssp. sandwicense, Lipochaeta venosa, and Gardenia brighamii, especially 
when A. sandwicense ssp. sandwicense and L. venosa are only known from 
the island of Hawaii, and the recovery plan for Gardenia brighamii 
calls for the establishment and maintenance of three populations on 
this island. The same reviewer recommended that the Service discuss why 
the above species are not included in the action and provide notice of 
the subsequent action in which critical habitat for these species will 
be addressed. The reviewer also noted that a discussion of the 
relationship of other designated critical habitat (e.g., for Kokia 
drynarioides) to the critical habitat proposed in this rule should have 
been included.
    Our Response: The species named by the commenters were not included 
in the court order in Conservation Council for Hawaii v. Babbitt, 2F. 
Supp. 2d 1280 (D. Haw. 1998) and subsequent stipulations, and therefore 
were not included in this rulemaking. We may consider critical habitat 
for these species in the future if warranted and if funding and 
resources are available.

[[Page 39632]]

    (16) Comment: One commenter stated that the Service should consider 
recovering threatened and endangered plant species in areas that are 
already protected and managed (e.g., Hawaii Volcanoes National Park and 
Hakalau National Wildlife Refuge) as these areas are pristine and free 
of threats and are locations where native species have made a dramatic 
recovery.
    Our Response: We agree that these managed areas should be a focus 
for recovery actions. We have included several such areas in critical 
habitat on the island of Hawaii that contain the appropriate primary 
constituent elements for each species. However, these areas alone do 
not include all of the habitat essential for the conservation of the 
species for which critical habitat is designated on the island of 
Hawaii.
    (17) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that the 
proposal did not provide information on the critical habitat proposed 
on other islands, did not separately map or identify how much acreage 
is needed for each of the populations, and did not specify how many 
separate populations are within each unit. As such, it did not contain 
enough information to evaluate the adequacy of the proposal.
    Our Response: While the proposed rule for critical habitat on the 
island of Hawaii did not repeat the information contained in the 
critical habitat designations for the other islands, we made the data 
available upon request. In this rule, we have mapped each species' 
critical habitat and provide separate maps, acreage, and population 
numbers. For multiple-island species, we have included information on 
whether critical habitat has been designated on other islands and the 
number of populations allowed for, both in critical habitat and in 
excluded lands.
    (18) Comment: One commenter stated that while the Navy will manage 
endangered species found on its property, they would not agree to the 
introduction of an endangered species to an area where it does not 
occur.
    Our Response: No Navy lands are included in critical habitat on the 
island of Hawaii.

Issue 2: Site-Specific Biological Comments

    (19) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, asked why units 
Hawaii A1 and Hawaii A2 are separated.
    Our Response: Hawaii A1 provides habitat for Pleomele hawaiiensis. 
Three other critical habitat units for this species are designated in 
this rule for a total of nine populations, and excluded Kamehameha 
Schools lands provide habitat for one additional population (see 
``Analysis of Impacts Under Section 4(b)(2)''). Unit Hawaii A2 was 
proposed as critical habitat for one species, Nothocestrum breviflorum. 
There is habitat designated elsewhere on the island of Hawaii for this 
species, providing habitat for nine populations. The area between the 
two units is not considered essential for the conservation of either of 
these species.
    (20) Comment: One commenter stated that proposed critical habitat 
areas for Achyranthes mutica (unit Hawaii B) should be plotted using a 
global positioning system and identified on the critical habitat maps, 
with the subsequent removal of any other areas.
    Our Response: We have revised the unit to include only the gulches 
in this area. Ten critical habitat units, encompassing a total of 603 
ha (1,491 ac), have been designated for this multi-island species. The 
remaining area outside of the gulches has been removed.
    (21) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that unit 
Hawaii C contains only planted individuals of Sesbania tomentosa and is 
not considered to be critical habitat for this species. However, 
Lapakahi State Park in North Kohala should be considered for critical 
habitat.
    Our Response: The entire area proposed for Sesbania tomentosa in 
this unit was excluded, as it is not essential to the conservation of 
this species because it has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of this species. There is critical habitat designated 
elsewhere on the island of Hawaii for this species that provides 
habitat for two populations. We have not included Lapakahi State Park 
in the critical habitat designation for Sesbania tomentosa because it 
was not deemed essential to the conservation of the species. There are 
other locations that have been designated as critical habitat in order 
to meet the recovery goal of 8 to 10 populations throughout its 
historical range on this and other islands.
    (22) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, recommended that the 
boundary for unit Hawaii B follow the Puu O Umi NAR boundary on the 
northeast side, noting that the Kohala Forest Reserve is very degraded 
and does not merit status as critical habitat. Another commenter noted 
that unit Hawaii B contains prime and other important agricultural 
lands along both sides of Kohala Mountain Road.
    Our Response: Unit Hawaii B provides habitat for six populations of 
Clermontia drepanomorpha and three populations of Phyllostegia 
warshaueri within their historical ranges. Modifications were made to 
this unit to exclude areas that do not contain the primary constituent 
elements for these species.
    (23) Comment: One commenter suggested that unit Hawaii D be 
expanded to include more endangered plant species and that perhaps this 
could be accomplished by transferring some of the acreage allocated to 
unoccupied habitat in unit Hawaii D3 to occupied habitat in unit Hawaii 
D7. Several commenters provided information on species present within 
unit Hawaii D, including: Portulaca sclerocarpa in unit Hawaii D1; 
Lipochaeta venosa in unit Hawaii D2; Acacia koaia in unit Hawaii D4; 
the largest known population of Lipochaeta venosa and unoccupied 
habitat for Tetramolopium arenarium in unit Hawaii D4, and a very 
extensive population of Portulaca sclerocarpa and two populations of 
Isodendrion hosakae and Silene hawaiiensis in unit Hawaii D7.
    Our Response: Unit Hawaii D1 through Hawaii D8 were proposed as 
critical habitat for Isodendrion hosakae, Portulaca sclerocarpa, and 
Vigna o-wahuensis. Habitat is provided for two populations of 
Isodendrion hosakae and one population of Vigna o-wahuensis on the 
excluded lands at PTA. Modifications were made to these units to 
exclude areas that do not contain the primary constituent elements for 
these species or were considered not essential to the conservation of 
these species because they have a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of these species, and there are at least eight other 
locations that have been designated to meet the recovery goal of 8 to 
10 populations throughout their historical ranges on this and other 
islands. Other endangered species in this area are not part of this 
rulemaking.
    (24) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, suggested removing 
the northeast corner of unit Hawaii E that extends into Hawaiian Home 
Lands property as it is degraded pasture land. If the unit followed the 
Laupahoehoe section of the Hilo Forest Reserve boundary, it would be 
more accurate.

[[Page 39633]]

    Our Response: This unit was proposed as critical habitat for three 
species: Clermontia lindseyana, Clermontia pyrularia, and Phyllostegia 
racemosa. Modifications were made to this unit to exclude areas that do 
not contain the primary constituent elements for these species. The 
unit now lies only in the Hakalau Forest National Wildlife Refuge and 
the Hilo Forest Reserve.
    (25) Comment: One commenter provided information for unit Hawaii F 
regarding two populations of Cyrtandra tintinnabula (at Nauhi in the 
Honohina Tract and in the Maulua Tract) occurring at the highest 
elevation cutoff in this unit and in unit Hawaii E at about 5,000 feet 
elevation.
    Our Response: Unit Hawaii E was proposed as critical habitat for 
three species: Clermontia lindseyana, Clermontia pyrularia, and 
Phyllostegia racemosa. Modifications were made to this unit to exclude 
areas that do not contain the primary constituent elements for these 
species. Unit Hawaii F was proposed as critical habitat for seven 
species: Clermontia peleana, Cyanea platyphylla, Cyanea shipmanii, 
Cyrtandra giffardii, Cyrtandra tintinnabula, Phyllostegia racemosa, and 
Phyllostegia warshaueri. Two critical habitat units are designated in 
this rule with habitat for a total of nine populations of Cyrtandra 
tintinnabula. Although the habitat in unit Hawaii E may be important 
for the conservation of this species, we do not believe that it is 
essential at this time.
    (26) Comment: One commenter stated that he had not been provided 
with specific information on how the decision to propose critical 
habitat in unit Hawaii G was made. The Department of Land and Natural 
Resources, Division of Forestry and Wildlife, a State agency, stated 
that in unit Hawaii G, the area north of Stainback Highway that is 
above 3,200 feet elevation should be added to this unit and the area 
around Kulani, south of the highway, should be omitted, as it is 
dominated by timber plantations.
    Our Response: This unit was proposed as critical habitat for 12 
species: Argyroxiphium kauense, Asplenium fragile var insulare, 
Clermontia lindseyana, Clermontia peleana, Cyanea platyphylla, Cyanea 
shipmanii, Cyanea stictophylla, Cyrtandra giffardii, Phyllostegia 
racemosa, Phyllostegia velutina, Plantago hawaiensis, and Sicyos alba. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species or were 
considered not essential to the conservation of these species. Some 
portions excluded were not essential to the conservation of these 
species because they have a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of these species, and there are at least eight other 
locations that have been designated or proposed to meet the recovery 
goal of 8 to 10 populations throughout these species' historical ranges 
on this and other islands. We excluded the proposed critical habitat 
for the multi-island species Asplenium fragile var. insulare in unit 
Hawaii G because it is not essential to the conservation of this 
species. Asplenium fragile var. insulare is historically known from 
Maui, and we designated critical habitat for two populations of this 
species on that island. There is also habitat for seven populations on 
lands excluded from this final rule on the island of Hawaii in PTA (see 
``Analysis of Impacts Under Section 4(b)(2)''), and this rule 
designates critical habitat for one population elsewhere on the island. 
We excluded the proposed critical habitat on Kamehameha Schools lands 
in this area because the benefits of excluding these lands outweighed 
the benefits of including them in critical habitat (see ``Analysis of 
Impacts Under Section 4(b)(2)''). Those excluded lands provide habitat 
for recovery populations of Phyllostegia racemosa and Phyllostegia 
velutina.
    (27) Comment: One commenter stated that the lone justification for 
unit Hawaii J is the presence of Adenophorus periens, which is 
currently found on Kauai, Molokai, and Hawaii. Within this unit, that 
species is threatened by volcanic emissions and acid precipitation, 
feral pigs and goats, and competition from nonnative plants.
    Our Response: Unit Hawaii J (now called unit Hawaii 28--Adenophorus 
periens--a) is designated as critical habitat for Adenophorus periens 
and provides habitat within its historical range for one population of 
this multi-island species. This unit, along with designated critical 
habitat for this species on Kauai (four populations), Oahu (one 
population), and Molokai (four populations), is needed to help achieve 
the recovery goal of 8 to 10 populations of this multi-island species.
    (28) Comment: One peer reviewer suggested that unit Hawaii J should 
be extended toward the coast to provide an elevation corridor with unit 
Hawaii M5. This reviewer also asked why units Hawaii K and Hawaii H or 
Hawaii J and Hawaii L were not linked and why unit Hawaii AA does not 
include areas to the south. The Department of Land and Natural 
Resources, Division of Forestry and Wildlife, a State agency, 
recommended that the boundary of Hawaii K should exclude the 
plantations in the Waihaka Gulch area. Also, the commenter questioned 
why a large section of the Waihaka and Kaalaala drainages is omitted 
from this unit.
    Our Response: The Act requires us to use the best available 
scientific and commercial information in undertaking species listing 
and recovery actions, including the designation of critical habitat as 
set forth in this rule. In the proposed rule, we concluded that many 
areas were not essential for the conservation of plant species on the 
island of Hawaii, based on available information concerning status of 
the species in specific areas and level of habitat degradation. Several 
areas of the island were not included in the proposed rule, or are 
excluded from this final rule, because they are not essential for the 
conservation of the species. We determined them to be nonessential due 
to their lacking primary constituent elements or lacking the primary 
constituent elements and being more degraded when compared to other 
areas.
    (29) Comment: One commenter stated that they did not understand how 
the Service could propose critical habitat in unit Hawaii L that is 
used by the Volcano Wilderness Run (an annual sports event).
    Our Response: Operation, use, and maintenance of existing manmade 
features and structures adjacent to critical habitat, or where primary 
constituent elements are absent, are not subject to consultation 
pursuant to section 7 of the Act. The Volcano Wilderness Run uses 
existing manmade structures and thus would not be affected by a 
critical habitat designation in Hawaii Volcanoes National Park, which 
contains proposed unit Hawaii L unless there are impacts on adjacent 
critical habitat.
    (30) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, suggested that the 
boundaries for units Hawaii N1 and Hawaii N2 should be closer to the 
coast and include the coastline itself.
    Our Response: Unit Hawaii N1 is situated along the coast and 
includes the coastline from Keoneokanuku Bay to Kamilo Point. Unit 
Hawaii N2 is also situated along the coast and includes the coastline 
from Mahana Bay to Pohakea.
    (31) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that unit 
Hawaii P should include the Hawaiian Ranchos subdivision and

[[Page 39634]]

be extended toward the ocean. Another commenter stated that this unit 
was proposed due to the presence of one occurrence of Pleomele 
hawaiiensis.
    Our Response: Unit Hawaii P was proposed as critical habitat for 
one species, Pleomele hawaiiensis; however, the entire area proposed 
for this species has been removed. This change was made because we 
determined that this unit is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species and because there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this island.
    (32) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that unit 
Hawaii Q should be extended to match the Manuka NAR boundary, with the 
southern boundary moved to the south-southeast (to the 200-meter 
elevation contour) and concurrent with the Manuka NAR southeastern 
boundary.
    Our Response: This unit was proposed as critical habitat for six 
species: Colubrina oppositifolia, Diellia erecta, Flueggea neowawraea, 
Gouania vitifolia, Neraudia ovata, and Pleomele hawaiiensis. 
Modifications were made to this unit to remove areas that do not 
contain the primary constituent elements for these species. The 
portions not included were not essential to the conservation of these 
species because they have a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of these species, and there are at least eight other 
locations that have been designated to meet the recovery goal of 8 to 
10 populations throughout their historical ranges. We did not add any 
area to this unit because there is enough habitat to provide 10 
populations throughout the historical ranges of each of these species.
    (33) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that the 
boundary of unit Hawaii R should be moved south to match up the with 
the boundary of State lands at Honomalino.
    Our Response: The northern boundary of unit Hawaii R was moved 
south to include only the South Kona Forest Reserve.
    (34) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, provided information 
that unit Hawaii T contains habitat for Clermontia lindseyana, so 
critical habitat for this species should be added the unit.
    Our Response: Clermontia lindseyana is currently found on Maui and 
the island of Hawaii. Critical habitat for two populations was 
designated on Maui and habitat for eight populations is designated for 
this species on the island of Hawaii in this rule. Therefore, 
additional populations were not deemed essential.
    (35) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, provided information 
that unit Hawaii W is not currently occupied by wild individuals of 
Delissea undulata but does contain historical habitat for this species 
and for Zanthoxylum hawaiiense.
    Our Response: Unit Hawaii W was proposed as critical habitat for 
one species, Delissea undulata. The entire area proposed for this 
species was excluded. Portions of this unit are not essential to the 
conservation of this species. We excluded the proposed critical habitat 
on Kamehameha Schools lands in this area because the benefits of 
excluding these lands outweighed the benefits of including them in 
critical habitat (see ``Analysis of Impacts Under Section 4(b)(2)''). 
These excluded lands are still essential and provide habitat for three 
populations of Delissea undulata. There is habitat designated elsewhere 
on the island of Hawaii for this species, providing habitat for two 
populations. Delissea undulata is known historically on Maui and is 
currently found on Kauai and the island of Hawaii. In addition to the 
designation in this rule, we have also designated critical habitat on 
Kauai (habitat for three populations). Zanthoxylum hawaiiense is known 
historically on Lanai and is currently found on Kauai, Molokai, Maui, 
and the island of Hawaii. We designated critical habitat for this 
species on Kauai (habitat for two populations), Molokai (habitat for 
one population), and Maui (habitat for one population). There is 
additional habitat for six populations of Zanthoxylum hawaiiense on the 
island of Hawaii in the excluded PTA lands (see ``Analysis of Impacts 
Under Section 4(b)(2)'').
    (36) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, provided information 
that unit Hawaii X contains Phyllostegia velutina (in Honuaula Forest 
Reserve).
    Our Response: Two critical habitat units for Phyllostegia velutina 
are designated in this rule for a total of 10 populations. Although the 
habitat in the Honuaula Forest Reserve may be important for the 
conservation of this species, it is not considered to be essential.
    (37) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, suggested that 
Pleomele hawaiiensis be added to unit Hawaii Y1 and Caesalpinia 
kavaiensis added to unit Hawaii Y2.
    Our Response: Caesalpinia kavaiensis is not included in the court 
order, and therefore was not included in this rulemaking. There is 
habitat designated elsewhere on the island of Hawaii for Pleomele 
hawaiiensis for 10 populations. Although the habitat in the Honuaula 
Forest Reserve may be important for the conservation of this species, 
it is not essential.
    (38) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that much of 
unit Hawaii Z contains badly degraded areas, and these areas should be 
excluded from designation, as they are currently being managed for 
hunting, ranching, and other multiple use programs that may not be 
compatible with plant critical habitat management.
    Our Response: Unit Hawaii Z was proposed as critical 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. Modifications were made to this 
unit to exclude areas that do not contain the primary constituent 
elements for these species or are not essential to the conservation of 
these species. Some portions removed are not essential to the 
conservation of these species because they have a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of these species, and there are at least 8 other 
locations that have been designated to meet the recovery goal of 8 to 
10 populations throughout their historical ranges on this and other 
islands.
    (39) Comment: The Department of Land and Natural Resources, 
Division of Forestry and Wildlife, a State agency, stated that much of 
unit Hawaii AA is badly degraded; dominated by weedy, fire-prone 
vegetation; and is currently being managed for hunting, which may not 
be compatible with plant critical habitat management. The commenter 
also suggested that the lower boundary of this unit be at the 3,500-
foot elevation level and configured in accordance with

[[Page 39635]]

the Service's map of the upper Puu Anahulu area in order to omit the 
central portion, which is dominated by Pennisetum setaceum.
    Our Response: This unit was proposed as critical 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. The entire area proposed for these species 
was excluded (see ``Analysis of Impacts Under Section 4(b)(2)'').
    (40) Comment: One peer reviewer suggested that the northern and 
eastern portion of PTA be removed from critical habitat, even though 
this area has numerous populations of Silene hawaiiensis, since there 
are large populations of this species in other critical habitat units.
    Our Response: All of PTA lands are being excluded from critical 
habitat in this rule (see ``Analysis of Impacts Under Section 
4(b)(2)'').
    (41) Comment: One commenter stated that critical habitat units 
Hawaii B, D2, N, O, Z, and AA affect grazing lands; units M2 and M3 
affect papaya orchards in mauka areas of Puna; and unit Q affects 
macadamia nut orchards and livestock grazing.
    Our Response: Modifications were made to units Hawaii B, D2, O, Q, 
and Z to remove areas that do not contain the primary constituent 
elements. Units Hawaii N1, N2, M2, and M3 were all removed, as these 
areas are not essential to the conservation of Sesbania tomentosa and 
Ischaemum byrone. They are not essential because they have a lower 
proportion of associated native species than other areas we consider to 
be essential to the conservation of these species, and there are at 
least 10 other locations that have been designated for each of these 
species. In addition, Unit Hawaii AA was excluded (see ``Analysis of 
Impacts Under Section 4(b)(2)'').

Issue 3: Species-Specific Biological Comments

    (42) Comment: One peer reviewer commented that the following should 
be included in critical habitat: Cinder cone habitats in the Waimea 
area for Isodendrion hosakae and Lipochaeta venosa; eastern Mauna Kea 
wet forests, especially the areas downslope from Hakalau National 
Wildlife Refuge; dry forests north of Kona (for Neraudia ovata, 
Isodendrion pyrifolium, and Nothocestrum brevifolium); and dry and 
mesic forests in south Kona.
    Our Response: Lipochaeta venosa is not one of the species at issue 
in the court order in Conservation Council of Hawaii v. Babbitt (D. 
Hawaii 1998) and subsequent stipulations and therefore was not included 
in this rulemaking. Critical habitat is designated elsewhere on the 
island of Hawaii for Isodendrion hosakae (for eight populations). Four 
other critical habitat units for Neraudia ovata are designated on the 
island of Hawaii for a total of six populations, and habitat is 
provided for four populations on the excluded lands at PTA (see 
``Analysis of Impacts Under Section 4(b)(2)''). Isodendrion pyrifolium 
is known historically on Oahu, Molokai, Lanai, and Maui and is 
currently found on the island of Hawaii. We designated critical habitat 
for this species on Oahu (habitat for three populations), Molokai 
(habitat for one population), and Maui (habitat for two populations). 
Habitat for two additional populations is in the lands excluded from 
critical habitat on Lanai. Three critical habitat units for 
Nothocestrum breviflorum are designated in this rule for a total of 
nine populations. Although the habitat outside of these areas may be 
important for the conservation of these species, it is not essential.
    (43) Comment: Several commenters suggested that we update the 
distribution of Cyrtandra tintinnabula by contacting a local expert; 
another provided information that Hibiscus brackenridgei had recently 
been located on Puuwaawaa.
    Our Response: We have revised the designated critical habitat in 
the final rule to incorporate new information and to address comments 
and new information received during the comment periods, including 
information on species occurrences and areas of potentially suitable 
unoccupied habitat for some of these species.
    (44) Comment: One commenter stated that the subdivisions of Kona 
Coastview, Kona Wonderview, and Kona Highlands are not appropriate for 
propagation of Pleomele hawaiiensis, as they are residential areas that 
are covered with roads, driveways, houses, and lawns.
    Our Response: The subdivisions of Kona Coastview, Kona Wonderview, 
and Kona Highlands are not included in the proposed or final critical 
habitat for Pleomele hawaiiensis.

Issue 4: Mapping and Primary Constituent Elements

    (45) Comment: One peer reviewer suggested that it would be 
informative to show State and Federal property boundaries as well as 
roads and elevation contours.
    Our Response: Depending on the scale of the map (which is dependent 
on unit size), major roads, geographical landmarks, and elevation 
contours were included in the maps. It would be cost-prohibitive and 
make the rule unnecessarily large to include all the information 
available. Specific maps, such as landownership and land use maps, are 
available upon request.
    (46) Comment: One commenter stated that most of the primary 
constituent elements put forth by the Service are non-specific plant 
community associations or general physical locations and lack a clear 
and quantifiable relationship to the species, but this information will 
be essential for future consultations with the Service.
    Our Response: As described in the discussions for each of the 47 
species for which critical habitat was proposed, very little is known 
about the specific physical and biological requirements of these 
species. As such, we defined the primary constituent elements on the 
basis of the habitat features of the areas from which the plant species 
are reported, such as 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 represent 
the ecological components required by the plant. The type of plant 
community and associated native plant species represent on specific 
microclimate conditions, retention and availability of water in the 
soil, soil microorganism community, and nutrient cycling and 
availability. The locale indicates 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 and the 
plant communities associated with the species represent the primary 
constituent elements for these species.
    (47) Comment: One commenter remarked that only a rudimentary map 
was provided with no indication of the boundaries of the proposed 
areas, acreage involved, nor any indication of how the Service 
determined what lands were in or out of proposed critical habitat.
    Our Response: The maps in the Federal Register provide the general 
location and shape of critical habitat and are provided for reference 
purposes to guide Federal agencies and other interested parties in 
locating the general boundaries of the critical habitat (50 CFR 17.94). 
The legal descriptions are readily plotted and transferable to a 
variety of mapping formats and were made available electronically upon 
request for use with GIS programs. Unit

[[Page 39636]]

boundaries were defined by giving the coordinates in UTM Zone 5 with 
units in meters using North American Datum of 1983 (NAD83). These 
coordinates can be used to determine boundaries with some accuracy. At 
the public hearing, the maps were expanded to wall-size to assist the 
public in better understanding the proposed critical habitat. These 
larger scale maps were also provided to individuals upon request. 
Furthermore, we provided direct assistance in response to written or 
telephone questions with regard to mapping and landownership within the 
proposed critical habitat. Designated critical habitat in this final 
rule consists of units separately mapped for each species and is more 
true to the elevation contours, the distribution of habitat, and other 
natural features while excluding, to the extent feasible, areas where 
primary consistent elements are absent.
    (48) Comment: The Department of Transportation, a State agency, 
stated that designation of critical habitat would significantly 
increase the costs of planning, design, construction, and maintenance 
of a number of State highways and recommended that the buffer zones on 
each side of the State highway right-of-way (minimum 100 feet), along 
with all planned roads, be excluded from designation of critical 
habitat.
    Our Response: Operation and maintenance of existing manmade 
features and structures adjacent to critical habitat would not be 
subject to consultation pursuant to section 7 of the Act because such 
features or structures do not contain the PCEs, unless there are 
effects to adjacent critical habitat. If regular maintenance of the 
roads extends 100 feet from the road base, it is excluded from critical 
habitat. Otherwise, areas that contain primary constituent elements and 
which have been determined to be essential to the conservation of a 
number of the plant species on the island of Hawaii are designated as 
critical habitat.

Issue 5: Effects of Designation

    (49) Comment: Several commenters, including the Department of Land 
and Natural Resources, Land Division, a State agency, remarked on the 
need for consultation, pursuant to section 7 of the Act, which would be 
triggered by designation of critical habitat, and the potentially 
adverse effect such consultation could have on flexibility of land 
management and activities such as water diversion projects, 
manipulation of vegetation, grazing, applications for Federal loans or 
grants (e.g., the NRCS), conservation district use applications, 
property maintenance, and construction projects.
    Our Response: Under section 7 of the Act, all Federal agencies must 
consult with us to insure that any action that they authorize, fund, or 
carry out is not likely to jeopardize the continued existence of any 
endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. If we find that the proposed 
actions are likely to jeopardize the continued existence of an 
endangered or threatened species or result in destruction or adverse 
modification of critical habitat, we suggest reasonable and prudent 
alternatives that would allow the Federal agency to implement their 
proposed action without such adverse consequences. Every consultation 
is unique, and it is impossible to comment on what the results of a 
future consultation would be without details of the proposed activity 
and the status of the species and its critical habitat at the time of 
the consultation.
    (50) Comment: Several commenters stated that designation of 
critical habitat would unnecessarily adversely affect military training 
(some of which cannot be duplicated elsewhere) and may delay 
construction of required training facilities.
    Our Response: The potential direct and indirect costs to the Army 
are discussed in detail in Chapter 3, section 3f, of the Draft Economic 
Analysis (DEA) and in sections 3h and 4f of the Addendum. We have had 
numerous discussions with the Army regarding these areas, and, as a 
result, we have removed PTA, based on either the lack of primary 
constituent elements or other reasons (see ``Analysis of Impacts Under 
Section 4(b)(2)'').
    (51) Comment: One commenter stated that all species should be 
offered protection, but they cannot support protection for some and not 
for others. They are concerned about the nonnative animals, whose fate 
would be decided by agencies that consider them invasive and kill them. 
The current interpretation of critical habitat in effect allows the 
Federal government and its partners to utilize any methodology they 
wish in dealing with feral animals with impunity, although such methods 
may be cruel and environmentally unsound.
    Our Response: The designation of critical habitat does not give the 
Federal government or its partners the authority to manage feral 
animals. Any potential animal management program would be subject to 
all applicable State, Federal, and local laws.
    (52) Comment: Several commenters expressed concern over the effect 
that designation of critical habitat would have on subsistence hunting 
and gathering, particularly that the control of feral pigs and 
ungulates would result in adverse economical and cultural effects to 
Native Hawaiian people and the State's economy. Others stated that the 
removal of ungulates from the forest would result in an increased 
threat and frequency of fire.
    Our Response: A critical habitat designation has no regulatory 
effect on access to State or private lands. Recreational, commercial, 
and subsistence activities, including hunting on non-Federal lands, are 
not regulated by this critical habitat designation and may be affected 
only where there is Federal involvement in the action and when the 
action is likely to destroy or adversely modify critical habitat. Such 
designation also does not require the State or a private landowner to 
fence the designated area and/or remove game mammals. We also recognize 
that under certain circumstances, removal of ungulates can result in an 
increase in weedy growth and associated fire risk, and we recommend 
that ungulate management programs assess and address this issue.
    (53) Comment: The Department of Hawaiian Homelands, a State agency, 
stated that Hawaiian home lands in the area of the Waimea and South 
Point parcels have already been subdivided into individual lots. The 
Department of Hawaiian Home Lands does not have the authority to 
retroactively impose management plans on individual lessees. Therefore, 
any regulatory impact will fall on these lessees.
    Our Response: A critical habitat designation does not constitute a 
land management plan, does not mandate a management plan, and does not 
mandate particular management actions. On State or private lands, there 
is no direct Federal regulatory impact from a critical habitat 
designation unless some sort of Federal permit, license, or funding is 
involved. If there is a Federal nexus, the Federal agency granting or 
issuing the permit, license, or funding, not an individual lessee, is 
required to consult with the Service to ensure that the activity being 
permitted, licensed, or funded is not likely to destroy or adversely 
modify critical habitat. By consulting with the Service, the Federal 
agency can usually minimize or avoid potential conflicts with listed 
species and their critical habitat, and the proposed activity may be 
undertaken.
    (54) Comment: One commenter raised the issue of the number of fires 
currently burning in the landfill at Keahuolu that have the potential 
to explode and raised concerns that

[[Page 39637]]

designation of critical habitat could adversely affect plans for 
remediation.
    Our Response: The burning landfill is not within the final critical 
habitat designation. Operation and maintenance of existing manmade 
features and structures adjacent to critical habitat are not subject to 
section 7 consultation. Unless a Federal action related to landfill 
remediation activities directly or indirectly affects nearby habitat 
containing the primary constituent elements, these activities would not 
be affected by the designation of critical habitat.

Issue 6: Legal Issues

    (55) Comment: One commenter stated that the Service cannot lawfully 
exclude areas from critical habitat based on a finding that they 
currently are adequately managed or protected. To do so would violate 
the mandatory duty to designate critical habitat to the maximum extent 
prudent and determinable. The commenter urges the Service not to 
exclude any areas from designation on this basis (i.e., lands already 
managed or protected), since doing so would violate the mandatory duty 
to designate critical habitat ``to the maximum extent prudent and 
determinable.''
    Our Response: 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. If an 
area is covered by a plan that meets our management criteria, we 
believe it does not constitute critical habitat as defined by the Act 
because the primary constituent elements found there are not considered 
to be in need of special management or protection. For a detailed 
explanation of this evaluation see the ``Analysis of Managed Lands 
Under Section 3(5)(A)'' section below. However, to the extent that 
special management considerations and protection may be required for 
any of these areas and they, therefore, would meet the definition of 
critical habitat according to section 3(5)(A)(i), they are also 
properly excluded from designation under section 4(b)(2) of the Act 
(see ``Analysis of Impacts under Section 4(b)(2)'' section below).
    (56) Comment: Several commenters, including the Department of Land 
and Natural Resources, Land Division, a State agency, stated that the 
proposal appeared to not recognize the interplay in Hawaii between 
Federal and State laws, particularly environmental laws. They stated 
that harming endangered and threatened plants, even on private 
property, is already prohibited under State law and that designation of 
critical habitat duplicates existing regulations, zoning laws, and land 
use laws, creating an additional unnecessary regulatory burden and 
decrease in land values, thus resulting in ``taking.''
    Our Response: The designation of critical habitat requires all 
Federal agencies to ensure, in consultation with the Service, that any 
action authorized, funded, or carried out by the agency is not likely 
to result in the destruction or adverse modification of designated 
critical habitat. If, after consultation, our biological opinion 
concludes that a proposed action is likely to result in the destruction 
or adverse modification of critical habitat, we are required to suggest 
reasonable and prudent alternatives to the action that would avoid the 
destruction or adverse modification of the critical habitat (16 U.S.C. 
1536(b)(3)(A)). If we cannot suggest acceptable reasonable and prudent 
alternatives, the agency (or the applicant) may apply for an exemption 
from the Endangered Species Committee under section 7(e) through (p) of 
the Act. Possible effects resulting from interplay of the Federal 
Endangered Species Act and Hawaii State law are also discussed in the 
DEA and Addendum under indirect costs.
    However, the mere promulgation of a regulation, like the enactment 
of a statute, does not take private property unless the regulation on 
its face denies the property owners all economically beneficial or 
productive use of their land (Agins v. City of Tiburon, 447 U.S. 255, 
260-263 (1980); Hodel v. Virginia Surface Mining and Reclamation Ass'n, 
452 U.S. 264, 195 (1981); Lucas v. South Carolina Coastal Council, 505 
U.S. 1003, 1014 (1992)). The Act does not automatically restrict all 
uses of critical habitat, but only imposes restrictions under section 
7(a)(2) on Federal agency actions that may result in destruction or 
adverse modification of designated critical habitat. Furthermore, as 
discussed above, if a biological opinion concludes that a proposed 
action is likely to result in destruction or modification of critical 
habitat, we are required to suggest reasonable and prudent 
alternatives. Finally, habitat value is only one factor among many that 
State and local governments consider in making decisions on allowable 
property uses, (See, e.g. HRS 205-17) and would not necessarily be 
solely attributable to critical habitat.
    (57) Comment: Several commenters, including the Department of Land 
and Natural Resources, Land Division, a State agency, raised concerns 
over the temporal relationship of the economic analysis relative to 
designation of critical habitat. One commenter stated that economic 
impacts should be considered concurrent with all other information and 
objected to the disjointed process. Another commenter wanted to ensure 
that the economic analysis be completed prior to the designation of 
critical habitat to ensure the Service meets the ``prudent and 
determinable'' standard for such designation.
    Our Response: An economic analysis of the impact of critical 
habitat cannot be performed without knowing the location of the 
critical habitat. This fact is easily realized by considering the 
difference of proposed critical habitat on land zoned for protective 
conservation versus land zoned for urban development. These types of 
zoning issues, as well as other issues, will greatly affect any 
economic analysis of critical habitat and cannot be taken into 
consideration until a proposal of critical habitat is put forth. The 
proposed prudency finding is not a final prudency finding since it has 
not considered the economic issues. The fact that the proposed critical 
habitat is published in a proposed rule emphasizes that no final 
decision has been made on location or extent of critical habitat. The 
final designation of critical habitat occurs after public comments have 
been taken into consideration and the economic analysis on the proposed 
critical habitat has been completed. The effects of the public comments 
and the economic analysis are then reflected in the final rulemaking.
    (58) Comment: Several commenters stated that designation of 
critical habitat could have an adverse affect on the voluntary 
cooperation for species conservation between the private sector and the 
Federal government and may actually result in less species recovery. 
Several commenters suggested the use of alternatives to critical 
habitat designation that would result in greater net benefits to the 
species and recommended that the Service and landowners focus their 
resources towards proactive cooperation between the Federal and State 
agencies and private landowners, including the development of monetary 
and other incentives to engage in species protection and recovery.

[[Page 39638]]

    Our Response: We are required under section 4 of the Act to 
designate critical habitat based on the best available information we 
have at the time of designation. In addition, we are directed by the 
Act to recover the species and the ecosystems on which they depend, not 
just preserve them in a horticultural facility. We realize that 
designation of critical habitat alone will not achieve recovery. Many 
threatened and endangered species occur on private lands, and we 
recognize the importance of conservation actions by private landowners. 
Cooperation from private landowners is an important element of our 
conservation efforts, and we have had considerable success in 
developing partnerships with large and small landowners, government 
agencies, and nongovernmental organizations for conservation activities 
on the island of Hawaii, in the State of Hawaii, and throughout the 
nation.
    We administer several programs aimed at providing incentives to 
landowners to conserve endangered and threatened species on their 
lands. One of these programs is the Endangered Species Landowner 
Incentive Program, which was first funded by Congress in fiscal year 
1999. Under this program, we provide technical assistance and funding 
to landowners for carrying out conservation actions on their lands. In 
the first year alone, 145 proposals totaling $21.1 million competed for 
$5 million in grant money. Additional information on landowner 
incentive programs that we administer may be found on our Web site 
(http://endangered.fws.gov/landowner/index.html).
    (59) Comment: Several commenters raised concerns about the nature 
of the public hearings. Several commenters requested that there be a 
process that would reach the more rural areas, and others requested 
that more public hearings be held, particularly after the economic 
analysis was completed, to make the conclusions available to the 
general public.
    Our Response: Section 4(b)(5)(E) of the Act requires that a public 
hearing be held if it is requested within 45 days of the publication of 
a proposed rule. In response to two requests from recreational hunting 
organizations, we published a notice of two public hearings on the 
proposed critical habitat designations for 47 plants from the island of 
Hawaii, and we reopened the comment period, which originally closed on 
July 29, 2002. The two public hearings were held on the island of 
Hawaii in Kailua-Kona and Hilo on October 29 and October 30, 2002, 
respectively. These notices were advertised in the Honolulu Star-
Bulletin. We also held several informal meeting to discuss critical 
habitat with a variety of groups, including trade organizations, 
community associations, and hunting clubs. Although we did not have a 
public hearing on the economic analysis, notice of its availability was 
published in the Federal Register and comments were solicited.
    (60) Comment: One commenter asked how long it would take to undo 
designation of critical habitat if necessary to correct or adjust for 
future conditions.
    Our Response: If provided with new information, we may revise the 
critical habitat designation at any time in the future. The time it 
takes to produce a proposed rule, receive peer review and public 
comment, and to publish a final rule varies with the situation.
    (61) Comment: One commenter stated that, should current public use 
of any area that is designated as critical habitat be reduced or 
removed, the Service should provide in-kind mitigation.
    Our Response: Possible effects resulting from interplay of the 
Federal Endangered Species Act and Hawaii State law are discussed in 
the DEA and Addendum under indirect costs (e.g., possible conservation 
management mandate for the private landowner and reduction in game 
mammals' population). Further, the DEA and Addendum discuss the 
indirect impacts resulting from the possible redistricting of private 
land into the Conservation District, noting that, under a most extreme 
scenario, areas designated as critical habitat could be placed in the 
Protective Subzone with the most severe restrictions, which could 
restrict development or a new agricultural use, or interfere with 
irrigation water development. As indicated in the Addendum, the 
likelihood of mandated redistricting is undetermined but is expected to 
be small.
    (62) Comment: One commenter stated that the newly elected governor 
and her staff be allowed time to comment, as she will need to deal with 
any economic or social fallout from the designation of critical habitat 
on the island of Hawaii. Another commenter stated that as more than 50 
percent of the lands proposed for designation are State lands, the 
Hawaii State legislature should have significant input into the 
designation.
    Our Response: All persons were invited to comment on the proposed 
rule. Four public comment periods were open for this rule. The first 
opened upon publication of the rule on May 28, 2002, for initial 
comments on the rule, and remained open until July 29, 2002 (67 FR 
36968). The second was open from August 26, 2002, until September 30, 
2002 (67 FR 54766). The third was open from September 24, 2002, until 
November 30, 2002 (67 FR 59811). The fourth opened on December 18, 
2002, to allow comments on the DEA and closed on January 17, 2003 (67 
FR 77464). Comments were received from representatives of various State 
agencies.
    (63) Comment: Several commenters stated that the designation of 
critical habitat will result in a flood of lawsuits. One commenter was 
concerned that if it is found that more critical habitat was designated 
than is needed, it will be impossible to rescind the designation for 
these areas.
    Our Response: The Act does not obligate landowners to manage their 
land to protect critical habitat, nor would landowners and managers be 
obligated under the Act to participate in projects to recover a species 
for which critical habitat has been designated. However, the DEA does 
discuss the potential impacts pursuant to the interplay with State law, 
including the possibility of litigation. Specifically, adverse impacts 
on development, including delays for additional studies and agency 
reviews, increased costs for environmental studies, increased risk of 
project denials, increased risk of costly mitigation measures, and 
increased risk of litigation over approvals, are not expected.
    (64) Comment: One commenter stated that proposed critical habitat 
on lands owned by the Queen Liliuokalani Trust at Keahuolu are 
surrounded by urban development and have been designated for future 
urban development by the State and County of Hawaii.
    Our Response: We have excluded Queen Liliuokalani Trust lands and 
other lands in this area (see ``Analysis of Impacts Under Section 
4(b)(2)''). We met with owners of land in the proposed critical habitat 
in the Keahuolu area and have revised unit Hawaii Y2 based on new 
information received during the public comment period.
    (65) Comment: We received a comment letter on February 21, 2003 
(after the close of the comment period), requesting additional time to 
work with us to implement interim conservation measures believed to be 
more beneficial to Neraudia ovata (and Blackburn's sphinx moth (Manduca 
blackburni)) and their respective habitats on lands owned by TSA and 
MID corporations. The landowner offered to: (1) Set aside 100 to 130 
contiguous areas located in the proposed critical habitat unit Hawaii 
Y1 (and proposed Blackburn's sphinx moth proposed critical habitat); 
(2) Enter into

[[Page 39639]]

good faith negotiations with Federal, State, or county entities for 
acquisition of the area; (3) Agree to enter into a Safe Harbor 
Agreement with us to ensure the protection and management of a baseline 
level of Neraudia ovata (and Blackburn's sphinx moth); and (4) Enter 
into a memorandum of understanding or cooperative agreement that 
addresses habitat protection, land access, and monitoring and 
management actions.
    Our Response: Unit Hawaii Y1 was proposed as critical habitat for 
two species: Isodendrion pyrifolium and Neraudia ovata. We have 
excluded lands in this area (see ``Analysis of Impacts Under Section 
4(b)(2)'').

Issue 7: Economic Issues

    (66) Comment: One commenter expressed concern over the potential 
for designation of critical habitat to have significant adverse effects 
on private lands, both Agricultural and Urban Districts, due to 
increased State regulatory implications.
    Our Response: The potential adverse effect on private lands in both 
the Agricultural and Urban Districts are discussed in the Indirect 
Costs sections of the DEA and in the Addendum. The effects include 
redistricting, conservation management, State and county development 
approvals, reductions in property values, etc. The DEA and Addendum 
estimate the costs of such impacts. For certain parcels, a reduction in 
certain property values is reasonably foreseeable, but the magnitude 
and duration of the loss is not known. As such, the Addendum estimates 
these impacts to be some undetermined fraction of $71.2 million to 
$124.4 million over 10 years.
    (67) Comment: One commenter expressed concern that the designation 
of critical habitat would result in a lawsuit to remove game animals, 
which would cause a tremendous financial burden on the State and 
destroy traditional and cultural practices of its people.
    Our Response: Chapter VI, Section 4.b.(3) of the DEA acknowledges 
that, if it were to occur, the removal of game animals would result in 
a loss in hunting activity, economic activity, hunter benefits, 
consumption of hunting meat, and social and cultural value of hunting, 
and it would increase State expenditures. However, the concern about 
the removal of game animals is based in part on the premise that 
critical habitat will require the State to undertake steps to avoid the 
taking of a listed species. As stated in the Conservation Management 
section of the Addendum, while critical habitat may provide information 
to help a landowner identify where take may occur, take prohibitions--
to the extent they apply to listed plants--are triggered by the listing 
of a species and would apply whether or not critical habitat is 
designated. As such, designating critical habitat is not anticipated to 
result in the removal of game animals.
    (68) Comment: Several commenters expressed concern that the 
designation of critical habitat would constrain community and 
infrastructure growth, business growth, and development of affordable 
housing.
    Our Response: We have excluded lands in this area (see ``Analysis 
of Impacts Under Section 4(b)(2)'').
    (69) Comment: Several commenters expressed concern that the 
designation of critical habitat would constrain outdoor recreation and 
subsistence hunting and gathering.
    Our Response: The impacts to outdoor recreation and subsistence 
hunting and gathering are discussed in the DEA and the Addendum. 
Specifically, the Direct Costs section of the DEA, as amended by the 
Addendum, discusses impacts to State-managed hunting, National Parks 
and Wildlife Refuges, State-managed areas, and the State trail and 
access system. The Indirect Costs section of the DEA, as amended by the 
Addendum, discusses the impacts to management of game mammals and 
hunting lands, and subsistence and Native Hawaiian practices. Potential 
benefits to ecotourism and outdoor recreation are discussed in the 
Benefits Section of the DEA. The impacts, if any, for each of these 
activities are summarized below.
    In summary, our final economic analysis estimates that the 
probability of a major State-initiated change in game mammal 
management, i.e., that the State would adopt a policy to substantially 
reduce game mammal populations in critical habitat units that overlap 
with State hunting units, is small. The probability that restriction of 
access and prohibition of subsistence activities in all critical 
habitat areas is undetermined but unlikely. It is more likely that 
subsistence activities would be consistent with conservation 
restrictions, should any be imposed. Thus it is anticipated that the 
impact of critical habitat on subsistence activities will be minimal. 
Ecotourism could benefit from project modifications, that may result 
from critical habitat designation, that enhance the quality of the 
ecosystem and expand the geographic scope of high-quality ecosystems, 
thereby increasing the appeal of ecotourism tours to visitors.
    (70) Comment: Some commenters raised concerns over the ability of 
wildlife and other projects to receive Pittman-Robertson or other 
Federal funding or grants.
    Our Response: Chapter VI, Section 3.a. of the DEA discusses 
Pittman-Robertson funding for wildlife projects. The State Department 
of Land and Natural Resources (DLNR) already consults with the Service 
regarding projects that receive Pittman-Robertson funding. As stated in 
the DEA, the designation of critical habitat may increase the level of 
effort required to analyze the effects of feral ungulates, especially 
in areas that are unoccupied by the listed plants. However, Hawaii 
currently receives the minimum amount of Pittman-Robertson funds, so 
the critical habitat designation would not impact the amount of 
Pittman-Robertson funds the State receives.
    Impacts to other projects that receive Federal funding or grants, 
or have Federal involvement, are discussed in the Direct Costs section 
of the DEA, as amended by the Addendum. As shown in Table Add-3, the 
total direct costs range from $46.6 million to $62.7 million over 10 
years.
    (71) Comment: Two commenters had concerns regarding funding and 
assistance to farmers and ranchers in the form of U.S. Department of 
Agriculture (USDA) loans, grants, subsidy payments, etc., or other 
Federal funding such as Veterans Administration (VA) loans, Federal 
Housing Administration (FHA) loans, NMHA loans or similar Housing and 
Urban Development (HUD) programs.
    Our Response: The impacts associated with USDA and HUD programs are 
discussed in the Ranching Operations and Residential Development 
sections of the Addendum. Potential impacts to ranching operations 
include $38,800 to $82,400 in costs to ranchers, NRCS, and the Service 
in section 7 consultation costs with no project modifications. The 
Addendum anticipates no impacts to residential development because 
areas planned for development are removed from the final designation 
and other planned developments have no reasonably foreseeable Federal 
involvement.
    (72) Comment: One commenter was concerned that the designation of 
critical habitat would adversely affect their sale of conservation 
easements to the U.S. Forest Service.
    Our Response: The commenter's land was not included in the proposed 
designation and is also not included in the critical habitat 
designation, so this analysis anticipates that the designation of 
critical habitat will not impact the sale of conservation easements on 
these parcels.

[[Page 39640]]

    (73) Comment: One commenter had specific concerns about the effect 
the designation of critical habitat would have relative to the 
Department of Hawaiian Homelands (DHHL) homesteading program.
    Our Response: As discussed in the Residential Development section 
in the Addendum, there is no DHHL land within the critical habitat 
designation that is planned to be developed within the next 20 years. 
As such, any potential impacts to the DHHL homestead program are well 
beyond the 10-year timeframe of this analysis.
    (74) Comment: Several commenters commented that the economic 
analysis did not thoroughly consider the nexus between the State of 
Hawaii's environmental laws and the Federal Endangered Species Act and 
other Federal laws (such as the Coastal Zone Management Act). At least 
two commenters commented that these plant species are already protected 
under State of Hawaii law, which virtually assures that a violation of 
the Federal Endangered Species Act will also be a violation of the 
State law prohibition on harm to federally listed and State-listed 
plants.
    Our Response: The nexus between the State of Hawaii's environmental 
laws and Federal laws is discussed in detail in the Indirect Costs 
section of the DEA, as amended by the Addendum. Specifically, impacts 
associated with State redistricting, mandated conservation management, 
State and county development approvals, and State and county 
environmental review are considered.
    The DEA and Addendum examine any indirect costs of critical habitat 
designation, such as when critical habitat designation triggers the 
applicability of a State or local statute. Prohibition of ``harm'' is 
associated with State laws regarding the take of listed plants. Take 
prohibitions are attributable to a listing decision and they are not 
coextensive costs of critical habitat designations. There are no take 
prohibitions associated with critical habitat. Other possible indirect 
impacts, such as loss in property values due to State redistricting of 
land from agricultural or rural to conservation were analyzed (see also 
our response to Comment 81). However, there is considerable uncertainty 
as to whether any or all of these indirect impacts may occur since they 
depend on actions and decisions other than those required under the 
ESA, and there is only limited history to serve as guidance.
    The commenters' reference to the Coastal Zone Management Act 
discusses the possibility of delays or denials of county Special 
Management Area (SMA) Use Permits for development projects in critical 
habitat. None of the planned development projects in the critical 
habitat designation are located in the SMA, so this analysis 
anticipates no impacts associated with SMA Use Permits.
    (75) Comment: Several commenters, including the Department of Land 
and Natural Resources, Land Division, a State agency, commented that 
the economic analysis needs to take into consideration all economic 
impacts, including those in addition to ``indirect'' effects, those 
effects in the ``reasonably foreseeable'' future, or for those projects 
that are expected to occur within the next 10 years. Several 
commenters, including the Department of Agriculture, a State agency, 
commented that the scope of the economic analysis was too narrow and 
needed to go beyond those direct economic impacts associated with 
project compliance with section 7 of the Act.
    Our Response: Both direct and indirect impacts are analyzed in 
Chapter VI of the DEA and in the Addendum, and both are summarized in 
Table Add-3. Information is limited and unreliable for projects, land 
uses, and activities that may occur at some time beyond the reasonably 
foreseeable future, so in general, these projects, land uses, and 
activities are not considered in the DEA or in the Addendum. A 10-year 
time horizon is used because many landowners and managers do not have 
specific plans for projects beyond 10 years. In addition, the forecasts 
in the analysis of future economic activity are based on current 
socioeconomic trends and the current level of technology, both of which 
are likely to change over the long term.
    (76) Comment: Several commenters commented that the economic 
analyses should also include those significant beneficial economic 
benefits that are provided by the designation of critical habitat, 
particularly since the economic analysis provides text to this effect. 
These benefits include, but are not necessarily limited to, things such 
as groundwater recharge, maintenance of surface water quality, erosion 
control, funding for research, development of nursery and landscape 
products, volunteer conservation work, careers in biology, and 
ecotourism. One commenter commented that protecting critical habitat is 
essential not only for the recovery of threatened and endangered plants 
but also to protect the ecosystems upon which they rely for long-term 
survival and recovery.
    Our Response: The Benefits sections of the DEA and the Addendum 
discuss the benefits mentioned above. It is not feasible, however, to 
fully describe and accurately quantify these benefits in the specific 
context of the critical habitat designation because of the scarcity of 
available studies and information relating to the size and value of 
beneficial changes that are likely to occur as a result of designating 
critical habitat. In particular, the following information is not 
currently available: (1) Scientific studies on the magnitude of the 
recovery and ecosystem changes resulting from the critical habitat 
designation, and (2) economic studies on the per-unit value of many of 
the changes.
    (77) Comment: One commenter commented that the only benefit that 
would arise from designation of critical habitat would be the 
availability of funding for the DLNR that would be used for the 
implementation of management plans prepared by The Nature Conservancy 
to fence and eradicate all game mammals within these areas.
    Our Response: As mentioned in the Indirect Costs section of the 
DEA, the designation of critical habitat is not expected to change the 
nature of the ongoing debate regarding the management of the game 
mammal population in Hawaii, although it may expand or refine the 
geographic focus. However, even with critical habitat, the DEA assumes 
that the probability is small that the State DLNR would adopt a policy 
to substantially reduce game mammal populations in critical habitat 
units that overlap with State Hunting Units, even if critical habitat 
caused an increase in funding. This judgment is based on discussions 
with DLNR, others familiar with the subject, and a decade of public 
testimony by hunters.
    (78) Comment: One commenter stated that to avoid legal liability 
(i.e., ``taking''), a landowner may have to incur substantial costs 
associated with conservation management actions (e.g., fencing and 
exotics control) on their lands that contain designated critical 
habitat. Another commenter raised concerns over the amount of funds 
necessary to manage all the lands proposed for critical habitat, citing 
costs associated with a 15-acre restoration project in North Kona 
(Kaupulehu) that was initiated in 1990, has used over $600,000, and 
still continues to require management actions.
    Our Response: Although the costs of conservation management were 
presented in the DEA for the purposes of illustration, this analysis 
assumes that these costs are not reasonably

[[Page 39641]]

foreseeable for the reasons explained in Section 4.b. of the Addendum.
    (79) Comment: One commenter commented that the designation of 
critical habitat on the majority of Hawaiian Home Lands at South Point 
and Waimea, which would require beneficiaries to conduct environmental 
assessments and consultations under section 7 of the Act in order to 
build homes or commence farming, would represent a substantial economic 
impact.
    Our Response: Much of the DHHL land at South Point and Waimea is 
not included in the final designation. North of Waimea, only gulches 
that are not suitable for housing development are included in Hawaii 
Unit 9. Near South Point, we have reduced the amount of DHHL land from 
603 ha (1,490 ac) in the proposed designation to 126 ha (313 ac) in the 
critical habitat designation. The 126 ha (313 ac) in Hawaii Unit 19 are 
part of the Kamaoa-Puueo tract. As stated in the DEA, the 2002 DHHL 
Hawaii Island Plan identifies the Kamaoa-Puueo tract as a non-priority 
development, which means that its development is not likely in the next 
20 years. There is no more DHHL land included in the critical habitat 
designation. As such, this analysis estimates no impacts associated 
with DHHL land within the 10-year timeframe of this analysis.
    (80) Comment: One commenter commented that there are 23,000 hunters 
in Hawaii who contribute an estimated $31 million annually to State 
revenue. A disproportionately large percentage of these hunters live on 
the Island of Hawaii, so, designation of critical habitat will have a 
correspondingly adverse effect on the island's economic condition.
    Our Response: For illustrative purposes, the loss in direct sales, 
indirect sales, employment, and income associated with a loss of 
hunting activity in critical habitat is presented in Chapter VI, 
Section 4.b.(3) of the DEA. However, the DEA assumes that the 
probability that the State will adopt a policy to remove game animals 
from critical habitat is low. The Addendum makes no changes to this 
conclusion.
    (81) Comment: Several comments commented on how designation of 
critical habitat would trigger the DLNR initiation of review, and 
potential reclassification, of lands to the Conservation District 
pursuant to Hawaii Revised Statutes (HRS) 195D-5.1. Costs associated 
with this review were pointed out by another commenter who stated that 
they needed to be factored into the economic analysis along with 
reductions in tax revenues to Hawaii County, which would result from 
these actions.
    Our Response: HRS section 195D-5.1 states that the Department of 
Land and Natural Resources (DLNR) ``shall initiate amendments to the 
conservation district boundaries consistent with section 205-4 in order 
to include high quality native forests and the habitat of rare native 
species of flora and fauna within the conservation district.'' HRS 
section 205-2(e) specifies that ``conservation districts shall include 
areas necessary for * * * conserving indigenous or endemic plants, fish 
and wildlife, including those which are threatened or endangered * * 
*.'' Unlike the automatic conferral of State law protection for all 
federally listed species (see HRS 195D-4(a)), these provisions do not 
explicitly reference federally designated critical habitat and, to our 
knowledge, DLNR has not proposed amendments in the past to include all 
designated critical habitat in the Conservation District. Nevertheless, 
according to the Land Division of DLNR, DLNR is required by HRS 195D-
5.1 to initiate amendments to reclassify critical habitat lands to the 
Conservation District (Deirdre Mamiya, Administrator, Land Division, in 
litt. 2002).
    State law only permits other State departments or agencies, the 
county in which the land is situated, and any person with a property 
interest in the land to petition the State Land Use Commission (LUC) 
for a change in the boundary of a district. HRS section 205-4. The 
Hawaii Department of Business, Economic Development & Tourism's (DBEDT) 
Office of Planning also conducts a periodic review of district 
boundaries taking into account current land uses, environmental 
concerns and other factors and may propose changes to the LUC.
    The State Land Use Commission determines whether changes proposed 
by DLNR, DBEDT, other state agencies, counties or landowners should be 
enacted. In doing so, State law requires LUC to take into account 
specific criteria, set forth at HRS 205-17. While the LUC is 
specifically directed to consider the impact of the proposed 
reclassification on ``the preservation or maintenance of important 
natural systems or habitats,'' it is also specifically directed to 
consider five other impacts in its decision: (1) ``Maintenance of 
valued cultural, historical, or natural resources;'' (2) ``maintenance 
of other natural resources relevant to Hawaii's economy, including, but 
not limited to, agricultural resources;'' (3) ``commitment of state 
funds and resources;'' (4) ``provision for employment opportunities and 
economic development;'' and (5) ``provision for housing opportunities 
for all income groups, particularly the low, low-moderate, and gap 
groups.'' HRS 205.17. Approval of redistricting requires six 
affirmative votes from the nine commissioners, with the decision based 
on a ``clear preponderance of the evidence that the proposed boundary 
is reasonable.'' HRS 205-4.
    The costs associated with redistricting are discussed in detail in 
the Indirect Costs sections of the DEA and the Addendum. As stated in 
the Addendum, this analysis assumes that the probability is low that 
land currently planned for development in Hawaii Units 12 and 13 will 
be redistricted to the Conservation District, especially if landowners 
agree to certain conditions to protect portions of the critical habitat 
designation. This determination is the result of the requirements for 
redistricting, including the requirement that the LUC consider 
``provision for employment opportunities and economic development;'' 
``commitment of State funds and resources;'' the ``provision for 
housing opportunities for all income groups, particularly the low, low-
moderate, and gap groups;'' and ``preservation or maintenance of 
important natural systems or habitats'' when considering a petition for 
redistricting (HRS 205-17).
    However, it is reasonably foreseeable that certain other privately 
owned parcels in the Agricultural District in the critical habitat 
designation may be redistricted. Redistricting is more likely for these 
parcels because there are no current plans for economic or community 
development and they are not prime agricultural land. This 
redistricting could be completed by State agencies or mandated as a 
result of a third-party lawsuit. The economic costs associated with 
redistricting these unplanned parcels are expressed in terms of a loss 
in property values and a loss in agricultural activity as discussed in 
the Indirect Costs section of the Addendum.
    This analysis assumes that the impacts on county tax revenues as a 
result of redistricting are expected to be small. Much of the land that 
is at risk of redistricting is already assessed at a low agricultural 
value. In many cases, the agricultural value is lower than the assessed 
value for land in the Conservation District. This counter-intuitive 
result reflects the tax break the State gives to encourage agriculture. 
If the land is redistricted to a subzone other than the Protective 
Subzone,

[[Page 39642]]

agriculture could continue in these areas, and the land would still be 
assessed at a low agricultural value. Land that is not assessed at a 
low agricultural value is assessed based on its future development 
potential. However, a loss in development potential for land in the 
critical habitat designation could result in an increase in the 
development potential of land outside of the critical habitat 
designation. This would result in little or no net change in the total 
property values on the island of Hawaii. As such, while there may be a 
positive or negative effect on county tax revenues associated with 
redistricting, this analysis assumes that the net effect will be small.
    (82) Comment: One commenter disagreed with the finding that any 
redistricting of private lands would likely be limited for the 
following reasons: (1) The DLNR mandate to initiate down-zone; (2) the 
extensive amount of critical habitat proposed for designation; and (3) 
the Service's efforts to document and justify critical habitat 
boundaries.
    Our Response: As mentioned in the Indirect Costs section of the 
Addendum, even if DLNR initiates amendments to the Conservation 
District boundaries based on critical habitat, or is forced to do so by 
a third-party lawsuit, the LUC makes the final decision to redistrict a 
parcel. State law requires the LUC to consider a variety of factors 
when making this decision, including the ``maintenance of other 
resources relevant to Hawaii's economy, including, but not limited to, 
agricultural resources;'' ``provision for employment opportunities and 
economic development;'' ``commitment of State funds and resources;'' 
``provision for housing opportunities for all income groups, 
particularly the low, low-moderate, and gap groups;'' and ``the 
preservation or maintenance of important natural systems or habitats'' 
when considering a petition for redistricting (HRS 205-17). Portions of 
Hawaii Units 12 and 13 are planned for economic and community 
development. Based on the LUC's criteria, this analysis assumes that 
there is a low probability that the LUC will redistrict (either on its 
own accord or as a result of a third-party lawsuit) these portions of 
Hawaii Units 12 and 13 to the Conservation District.
    Most of the land (approximately 104,288 ha (257,700 ac), or 95 
percent) in the critical habitat designation is (1) already in the 
Conservation District, or (2) owned by the State or Federal Government. 
Much of the remaining land either (1) is planned for development and 
thus not likely to be redistricted for the reasons mentioned above, or 
(2) has little economic value because it is a cinder cone (puu), gulch, 
or established endangered plant preserve. The remaining 3,806 ha (9,404 
ac) of land are in the Agricultural District and are not currently 
planned for economic or community development. It is reasonably 
foreseeable that this land will be redistricted to the Conservation 
District because of its importance to the conservation of the plant 
species. The economic costs associated with redistricting this land are 
presented in the State Redistricting of Land section of the Addendum. 
Specifically, these costs and other costs associated with redistricting 
are estimated to be $22.3 million to $27.9 million.
    (83) Comment: One commenter commented that the figures for indirect 
costs should be totaled in Table VI-3, as the commenter did not agree 
with the Service's finding that these costs were ``speculative.''
    Our Response: A total indirect costs figure is not presented in 
Table VI-3 or in Table Add-3 because the probability that some of the 
indirect costs will occur is undetermined and the magnitude of other 
indirect costs is undetermined. Instead, the probabilities and 
magnitudes of certain categories of indirect costs are presented in the 
tables, with further discussion presented in the Indirect Costs 
sections of the DEA and Addendum.
    The probability that certain indirect costs will occur depends on 
the interaction of Federal, State, and county officials; landowners; 
and other interested parties. The outcome of these interactions will 
depend on a variety of factors that are not subject to accurate 
quantification or prediction. Furthermore, the probability that third 
parties will file lawsuits and the probability that these lawsuits will 
be successful is not known. Thus, the probability that certain indirect 
costs will occur is undetermined.
    (84) Comment: A reference to the Kaloko Town Center and Kaloko 
Properties Development needs to be added to Table ES-1 under 
``residential development.''
    Our Response: The Kaloko Town Center and Kaloko Properties 
development are referenced in Section 3.c. of the Addendum and are 
included in the heading ``Other Residential Development'' in Table Add-
3.
    (85) Comment: Text on page VI-9, Section 3.b (residential 
development), needs to add a discussion regarding the proposed 
residential development that would be part of the Kaloko Town Center 
and Kaloko Properties Development.
    Our Response: The Kaloko Town Center and Kaloko Properties 
development are referenced in Section 3.c. of the Addendum; however, 
there is no change in the DEA cost estimate.
    (86) Comment: Text on page VI-16, Section 3.c (industrial, 
commercial and other urban development), should include a discussion 
regarding the proposed Kaloko Town Center office, commercial, retail, 
school, and park uses.
    Our Response: The Kaloko Town Center office, commercial, retail, 
school, and park uses are referenced in Section 3.f. of the Addendum; 
however, there is no change in the DEA cost estimate.
    (87) Comment: Text on page VI-17, second paragraph under 3.c, 
should be revised to reflect that the developer is TSA Corporation and 
that a county zone change allowing for commercial industrial mixed use 
development was granted.
    Our Response: This information is included in Section 3.e. of the 
Addendum; however, there is no change in the DEA cost estimate.
    (88) Comment: Text on page VI-41, last paragraph, should be revised 
to reflect the proposed Kaloko Town Center development and proposed 
residential uses that would be affected. In addition, reference to the 
donation of land to the National Park Service should be deleted.
    Our Response: As discussed in Section 3.k. of the Addendum, since 
the land is planned for development, this analysis estimates that the 
conservation set-aside scenario for construction of the Main Street 
Road project is no longer feasible. As such, the $10.7 million to $15.7 
million total project modification cost for the K-to-K road projects 
mentioned in the DEA is adjusted to $10.5 million to $15.3 million.
    (89) Comment: Text on page VI-69 should add Kaloko Town Center and 
Kaloko Properties development to the cost of development loss due to 
redistricting.
    Our Response: The economic cost of the loss of development 
potential of the Kaloko Town Center is not discussed in the 
redistricting section of the Addendum because the land is currently in 
the Conservation District. Instead, the cost of development loss for 
the Kaloko Town Center is included in the State and County Development 
Approvals section of the Addendum.
    As discussed in the State Redistricting of Land section in the 
Addendum, the planned development in the portions of the Kaloko 
Properties development that are included in critical habitat include

[[Page 39643]]

a golf course and single-family homes. The employment that could be 
generated by this project is not known. However, construction of the 
golf course and homes will generate employment on the island. Since the 
LUC must consider factors such as the ``provision for employment 
opportunities and economic development'' (HRS 205-17) when making 
redistricting decisions, this analysis assumes there is a low 
probability that the Kaloko Properties will be redistricted to the 
Conservation District.
    (90) Comment: Text on page VI-74 regarding the expansion of Kaloko 
Industrial Park needs to be revised to reflect an economic loss of $33 
million due to an estimated loss of 82 acres affecting 72 lots.
    Our Response: As discussed in the State Redistricting of Land 
section in the Addendum, the planned development in the portions of the 
Kaloko Industrial Park expansion that are included in critical habitat 
include light industrial development and industrial/commercial mixed 
use development. Approximately 88 percent of the project is in Hawaii 
Unit 12. The entire project is expected to generate 19,345 direct full-
time equivalent jobs during the build-out phase and 2,789 direct full-
time equivalent jobs upon full build-out (Wilson Okamoto & Associates, 
Inc. 2000). Since the LUC must consider factors such as the ``provision 
for employment opportunities and economic development'' (HRS 205-17) 
when making redistricting decisions, this analysis assumes there is a 
low probability the Kaloko Industrial Park expansion will be 
redistricted to the Conservation District.
    As mentioned in the State and County Development Approvals section 
of the Addendum, all of the major discretionary approvals for the 
Kaloko Industrial Park expansion have been obtained, so the designation 
of critical habitat is expected to have little impact on development 
approvals for the project. As such, this analysis anticipates there 
will be no loss of development potential attributable to the critical 
habitat designation.
    (91) Comment: Text on pages VI-76 and VI-85 should add the proposed 
Kaloko Town Center and Kaloko Properties development.
    Our Response: These planned developments are considered in the 
State Redistricting of Land and the Reduced Property Value sections of 
the Addendum.
    (92) Comment: Text on page VI-83, section 4e(3), needs to indicate 
that the completed Environmental Impact Statement for Kaloko Town 
Center will likely need to be updated and supplemented if that land is 
included within designated critical habitat.
    Our Response: This information is included and discussed in the 
State and County Environmental Review section of the Addendum.
    (93) Comment: If total economic loss of Kaloko Properties lands 
resulted from designation of critical habitat, this loss would be an 
estimated $390 million, which would be in addition to direct impacts to 
three proposed roadway projects.
    Our Response: As discussed in the State and County Development 
Approvals section in the Addendum, the Kaloko Properties and Kaloko 
Town Center developments (Kaloko Developments) will require major 
discretionary approvals from the State and county. The commenter 
estimates that the total economic impact if these developments do not 
occur as an indirect result of the critical habitat designation will be 
approximately $390 million, based on the allowable density; average 
regional selling values of single-family and multi-family homes; the 
development cost of office, commercial, and retail buildings; and the 
development costs per acre of golf courses and parks.
    However, the methodology used by the commenter to derive the 
estimated economic impact of $390 million is not consistent with the 
methodology presented in the DEA. The landowner's estimate is based on 
selling values and development cost, not profits. As mentioned in the 
DEA, only the previous expenditures (sunk costs) and future potential 
profits to the landowner are considered an economic impact of critical 
habitat designation. Additional construction and development costs are 
not considered because it is assumed that if development cannot occur 
in critical habitat, it will relocate elsewhere in the region. This 
assumption is supported by the fact that a large area surrounding 
critical habitat is planned for urban expansion in the County of 
Hawaii's General Plan, and because there are other entitled projects 
awaiting development (such as a 1,068 ha (2,640 ac) project on State 
lands that is just north of Hawaii Unit 13 and planned for residential, 
commercial, and light industrial development; parks; a golf course; and 
other uses).
    As estimated in the State and County Development Approvals section 
in the Addendum, the sunk costs associated with the Kaloko Developments 
in the critical habitat designation is $5.8 million, and the present 
value of the future stream of profits ranges from $17 million to $34 
million. Again, the specific likelihood that the Kaloko Developments 
will not obtain State and county development approvals as a result of 
the critical haibitat designation is unknown.
    (94) Comment: The Department of Business, Economic Development and 
Tourism, a State agency, commented that the designation of critical 
habitat would compromise the financial feasibility of the VOLA (Village 
of Laiopua) project should there be future Federal involvement. As 
such, the commenter does not agree that the economic impacts of the 
designation of critical habitat would be ``moderate'' or ``modest.''
    Our Response: Section 3.b of the Addendum specifically addresses 
the commenter's concerns. The State Housing and Community Development 
Corporation of Hawaii (HCDCH) is the primary agency responsible for 
planning the VOLA (Village of Laiopua) project. As a result of further 
discussions with HCDCH and a review of the Service's record regarding 
the VOLA project, this analysis concludes that no section 7 
consultations are anticipated in the next 10 years. First, HCDCH is not 
currently seeking Federal funding for the project and was unable to 
identify specific potential Federal funding programs. Second, HUD 
indicates that there are currently no competitive grant programs for 
the development of affordable housing and that there are not likely to 
be any in the near future (HUD 2003). Third, the U.S. Department of 
Agriculture Rural Housing Service (RHS) has a loan guarantee program 
and a competitive loan program for the development of affordable 
housing, but this program is used primarily by individual homeowners 
and has never been used by State and county agencies in Hawaii (RHS 
2003). Thus, because there is no reasonably foreseeable Federal 
involvement for the VOLA development, no section 7 consultations are 
anticipated.
    (95) Comment: One commenter provided information on a proposed plan 
for the rehabilitation of the landfill site at Keahuolu, which involves 
development of a golf course to be used to teach children both a sport 
and a skill, and commented that designation of critical habitat in this 
area would adversely affect the proposal. The commenter also commented 
that in the area currently occupied by the sewage plant, there was a 
desire to build a wetlands endangered species park and designation of 
critical habitat could affect potential Federal funding sources.
    Our Response: Section 3.m of the Addendum discusses the K2020 
project.

[[Page 39644]]

Specifically, due to likely Federal involvement, the K2020 project 
would be subject to a section 7 consultation. As a result of the 
consultation, the Service indicates that K2020 may have to obtain 
funding for planned endangered plant preserves in Hawaii Unit 13 and 
the restoration of the portions of critical habitat that are 
temporarily disturbed.
    The area currently occupied by the sewage plant and planned for a 
wetlands endangered species park is not included in the critical 
habitat designation and thus this analysis anticipates no costs 
associated with this portion of the K2020 planned project.
    (96) Comment: One commenter commented that the designation of 
critical habitat would restrict the Department of Transportation's 
options in the design, maintenance, and construction of highways in 
affected areas and threaten the limited resources available to maintain 
and improve State highways. This commenter also stated that the 
designation of critical habitat would significantly increase the cost 
of planning design, construction, maintenance, and repair of the 
following roads: Saddle Road, Kohala Mountain Road, Kawaihae Road, 
Queen Kaahumanu Highway, Mamalahoa Highway, Volcano Road, and Kealakehe 
Parkway.
    Our Response: The costs associated with planned road projects in 
critical habitat are discussed in Chapter VI, Section 3.i. of the DEA 
and in Sections 3.j. and 3.k. of the Addendum. These sections discuss 
the Saddle Road Improvement and Realignment project and the planned 
widening of the Queen Kaahumanu Highway. The Kawaihae Road is not 
included in the critical habitat designation. Within the 10-year 
timeframe of this analysis, there are no known construction, 
maintenance, and repair projects for the Kohala Mountain Road and the 
Volcano Road that will impact the primary constituent elements for the 
listed plants in the critical habitat designation.
    The Mamalahoa Highway (Route 190) safety improvements in Hawaii 
Unit 10 involve simple re-paving and resurfacing of the existing 
roadway. As mentioned in the DEA, the critical habitat provisions of 
section 7 do not apply to the operation and maintenance (O&M) of 
existing manmade features and structures because these features do not 
contain any primary constituent elements. Thus, the safety improvements 
planned for Mamalahoa Highway in Hawaii Unit 10 would not be subject to 
section 7 consultation because they involve operation and maintenance 
activities rather than new construction.
    Finally, while the widening of Kealakehe Parkway (Route 197) in 
Hawaii Unit 13 is a long-term project, there is no timetable given for 
the project. It is likely that extension of the Parkway (outside of the 
critical habitat designated critical habitat area) would be required 
before widening the existing portion of roadway; however, no timetable 
is given for the completion of the extension. In addition, the State 
DOT is working on several other widening projects in the area, with its 
main focus on widening the Queen Kaahumanu Highway from downtown Kailua 
to the Airport, that are not estimated to be completed until 2011. 
Given the circumstances, it is unlikely that widening of Kealakehe 
Parkway (Route 197) will occur within the next 10 years.
    (97) Comment: Several commenters commented that the designation of 
critical habitat on trust lands (e.g., the Queen Liliuokalani Trust and 
Kamehameha Schools) could negate decades of planning as well as 
millions of dollars of infrastructure investment. This, in turn, could 
adversely affect future revenues that would be generated by these 
entities and, therefore, their ability to carry out social and cultural 
mandates to provide for their beneficiaries. One commenter specifically 
referenced concerns over Keahuolu Ahupuaa being the last and only 
future of producing lands owned by the Queen Liliuokalani Trust and the 
need for those lands to continue the legacy left by the Queen.
    Our Response: The economic, social, cultural, and political impacts 
associated with the loss of the development potential on Queen 
Liliuokalani Trust (QLT) land in Hawaii Unit 13 are discussed in detail 
in Chapter VI, Section 4.c.(7) of the DEA and the State and County 
Development Approvals section in the Addendum. Specifically, the 
Addendum estimates that the critical habitat designation could lead to 
a delay in State and county development approvals. This would delay 
completion of the project and the associated lease-rent revenues for 
QLT. This could have related social and cultural costs for the 
community.
    The portions of the parcel owned by Kamehameha Schools and leased 
by PIA-Kona Limited Partnership that are planned for housing 
development are not included in the final designation. The portions of 
this parcel that are included in the critical habitat designation are 
currently managed as an endangered plant preserve, and there are no 
plans for a change in management. Kamehameha Schools did not identify 
other lands in the critical habitat designation that are planned for 
development or are likely to generate significant future revenues.
    (98) Comment: One commenter commented on areas of the economic 
analysis where they felt it both overestimated and underestimated 
economic costs. The commenter requested that the DEA be revised to 
reflect that QLT's own analysis did acknowledge that additional funds 
would be expended to achieve build-out of Phases I and II. The 
commenter also asked that the economic analysis include the increased 
likelihood of loss of entitlements and revenue and increased costs 
associated with permitting costs and development of infrastructure for 
Phase III.
    Our Response: Chapter VI, Section 4.c.(7) of the DEA discusses the 
costs associated with the loss of development potential at the Keahuolu 
project site. The DEA references an economic impact analysis supplied 
by QLT that states the portions of the planned development in Phases I 
and II in the proposed critical habitat would yield $44.2 million per 
year in lease-rent revenue after the project is fully completed. The 
DEA states that this estimate tends to overstate the total economic 
impact because it does not include additional funds that would have to 
be expended by QLT in order to reach full completed. The QLT analysis 
acknowledges this fact, and thus the QLT analysis did not overstate the 
total economic impact.
    The economic impacts associated with a delay of entitlements, a 
loss of revenue, and a potential modification to the development 
approvals for Phase III of the Keahuolu Project are discussed in the 
State and County Development Approvals section of the Addendum. In 
particular, costs are anticipated to range from $14.1 million to $21.9 
million.
    (99) Comment: One commenter raised a specific concern about the 
economic impact to Kamehameha Schools and PIA-Kona Limited Partnership.
    Our Response: The portions of the parcel owned by Kamehameha 
Schools and leased by PIA-Kona Limited Partnership that are planned for 
housing development are not included in the final designation. The 
portions of this parcel that are included in the critical habitat 
designation are currently managed as an endangered plant preserve, and 
there are no plans for a change in management. As such, this analysis 
anticipates there will be no economic impact to the owners of this 
parcel as a result of the critical habitat designation.
    (100) Comment: Two commenters commented that critical habitat in 
the Kailua to Keahole area of Kona is

[[Page 39645]]

proposed in a region that has been master-planned for urban expansion 
by the State and county for over 30 years and for which $50 million of 
infrastructure (e.g., Kealakehe Parkway and Kealakehe High School) is 
already in place. This area also includes a currently undeveloped 
portion of the State's Villages at Laiopua (VOLA) project that is 
intended for affordable housing, although that project is currently 
stalled in litigation. The commenter noted that this West Hawaii area 
is one of the fastest growing regions in the State and there is no 
other viable area for expansion.
    Our Response: The direct and indirect impacts to the Kailua to 
Keahole area of Kona within Hawaii Units 12 and 13 are discussed in 
detail in the DEA and in the Addendum, including impacts to State VOLA 
project, the Keahuolu Project, the Kaloko Industrial Park expansion, 
the Kaloko Town Center, the Kaloko Properties development, three road 
projects, and the K2020 county landfill project. However, Hawaii Units 
12 and 13 cover a relatively small portion of the area planned for 
urban expansion in the County of Hawaii General Plan. While the DEA and 
the Addendum estimate the economic costs to landowners in areas 
designated as critical habitat, it is estimated that any development 
displaced by critical habitat will occur elsewhere on the island of 
Hawaii, due to the availability of comparable land. Thus, the net 
economic impacts to the economic development of the island of Hawaii 
will be small.
    (101) Comment: Several commenters commented regarding the potential 
adverse effect that designation of critical habitat could have on the 
military. Specifically, hindering the Army and Navy's (Marines') 
ability to perform their missions because of the limitations imposed by 
critical habitat would not only have an adverse effect on the nation's 
military readiness but would also be a costly waste of fiscal resources 
or an additional financial burden.
    Our Response: The impacts on the readiness and budget of the 
military are discussed in the Military Activities section in the Direct 
Costs section of the Addendum and in the Military Readiness section in 
the Indirect Costs section of the Addendum. Specifically, the direct 
costs to military operations over the next 10 years range from $31 
million to $40 million. The indirect costs include an undetermined 
probability of a loss of $693 million in transformation projects and a 
possible reduction in readiness.
    (102) Comment: One commenter commented that designation of critical 
habitat will cause private landowners to spend their own resources to 
determine the possible consequences of such designation on their lands 
(e.g., legal fees).
    Our Response: The costs associated with determining the possible 
consequences of critical habitat are included in the Investigating the 
Implications of Critical Habitat section of the Addendum. Specifically, 
approximately 19 private landowners may investigate the implications of 
critical habitat on their lands at a cost of $50,000 to $181,000.

Summary of Changes From the Proposed Rule

    Based on a review of public comments received on the proposed 
determinations of critical habitat, we have reevaluated our proposed 
designations and included several changes to the final designations of 
critical habitat. These changes include the following:
    (1) We have designated 99 single species critical habitat units for 
41 plant species on the island of Hawaii instead of multi-species units 
to clarify the exact location of critical habitat for each species.
    (2) The scientific names were changed for the following associated 
species found in the ``Supplementary Information: Discussion of the 
Plant Taxa'' section: Cocculus trilobus changed to Cocculus orbiculatus 
in the discussions of Neraudia ovata and Pleomele hawaiiensis. 
Jacquemontia sandwicensis changed to Jacquemontia ovalifolia ssp. 
sandwicensis in the discussion of Sesbania tomentosa. Scaevola sericea 
changed to Scaevola taccada in the discussions of Ischaemum byrone and 
Sesbania tomentosa. Styphelia tameiameiae changed to Leptecophylla 
tameiameiae in the discussions of Argyroxiphium kauense, Asplenium 
fragile var. insulare, Clermontia drepanomorpha, Clermontia lindseyana, 
Colubrina oppositifolia, Hedyotis coriacea, Isodendrion hosakae, 
Plantago hawaiensis, Sesbania tomentosa, Silene hawaiiensis, Silene 
lanceolata, and Tetramolopium arenarium. Wollastonia venosa changed to 
Melanthera venosa in the discussions of Isodendrion hosakae, Portulaca 
sclerocarpa, and Sesbania tomentosa. We replaced Passiflora mollissima 
with Passiflora tarminiana in the discussions of Clermontia lindseyana, 
Clermontia pyrularia, Cyanea hamatiflora ssp. carlsonii, Delissea 
undulata, Phyllostegia racemosa, and Sicyos alba (Palmer 2003; Wagner 
and Herbst 2002).
    (3) In ``Supplementary Information: Discussion of the Plant Taxa'': 
We removed Carex montis-eeka from the list of associated species for 
Argyroxiphium kauense. We replaced Psychotria mariniana and Psychotria 
greenwelliae with Psychotria spp. (because those two specific species 
are not found on the island of Hawaii) in the discussion of Delissea 
undulata. We replaced: Blechnum occidentale with Blechnum 
appendiculatum in the discussion of Diellia erecta; Nototrichium 
breviflorum with Nothocestrum breviflorum in the discussion of Hibiscus 
hualalaiensis; Cyathea cooperi with Sphaeropteris cooperi in the 
discussion of Phlegmariurus mannii; and Athyrium sandwicensis with 
Diplazium sandwichianum in the discussions of Phyllostegia warshaueri.
    (4) In order to avoid confusion regarding the number of location 
occurrences for each species (that do not necessarily represent viable 
populations) and the number of viable populations needed for recovery 
(e.g., 8 to 10 with 100, 300, or 500 reproducing individuals), we 
changed the word ``population'' to ``occurrence'' and updated the 
number of occurrences for the following species found in the 
``Supplementary Information: Discussion of the Plant Taxa'' section and 
``Table 1.--Summary of existing occurrences on the island of Hawaii, 
and landownership for 58 species reported from the island of Hawaii'': 
Adenophorus periens changed from 13 populations to 4 occurrences; 
Argyroxiphium kauense changed from 3 populations to 4 occurrences; 
Asplenium fragile var. insulare changed from 17 populations to 36 
occurrences; Bonamia menziesii and Clermontia drepanomorpha changed 
from 1 population to 2 occurrences; Clermontia lindseyana changed from 
17 populations to 15 occurrences; Clermontia pyrularia changed from 1 
population to 2 occurrences; Colubrina oppositifolia changed from 8 
populations to 5 occurrences; Cyanea platyphylla changed from 9 
populations to 6 occurrences; Cyanea shipmanii changed from 5 
populations to 3 occurrences; Cyanea stictophylla changed from 5 
populations to 6 occurrences; Cyrtandra giffardii changed from 7 
populations to 8 occurrences; Cyrtandra tintinnabula changed from 6 
populations to 4 occurrences; Isodendrion hosakae changed from 2 
populations to 3 occurrences; Diellia erecta changed from 3 populations 
to occurrences; Flueggea neowawraea changed from 4

[[Page 39646]]

populations to 12 occurrences; Gouania vitifolia changed from 1 
population to 4 occurrences; Hedyotis coriacea changed from 11 
populations to 41 occurrences; Ischaemum byrone changed from 5 
populations to 6 occurrences; Melicope zahlbruckneri changed from 2 
populations to 3 occurrences; Neraudia ovata changed from 3 populations 
to 9 occurrences; Nothocestrum breviflorum changed from 10 populations 
to 66 occurrences; Phyllostegia racemosa changed from 7 populations to 
6 occurrences; Phyllostegia velutina changed from 5 populations to 8 
occurrences; Plantago hawaiensis changed from 8 populations to 6 
occurrences; Pleomele hawaiiensis changed from 8 populations to 22 
occurrences; Portulaca sclerocarpa changed from 19 populations to 20 
occurrences; Sesbania tomentosa changed from 11 populations to 31 
occurrences; Sicyos alba changed from 4 populations to 5 occurrences; 
Silene hawaiiensis changed from 23 populations to 156 occurrences; 
Silene lanceolata changed from 10 populations to 69 occurrences; 
Spermolepis hawaiiensis changed from 4 populations to 30 occurrences; 
Tetramolopium arenarium changed from 2 populations to 8 occurrences; 
Zanthoxylum dipetalum var. tomentosum changed from 1 population to 14 
occurrences; and Zanthoxylum hawaiiense changed from 4 populations to 
186 occurrences.
    (5) We revised the list of excluded, manmade features in the 
``Criteria Used to Identify Critical Habitat'' and Sec.  17.99 to 
include additional features based on information received during the 
public comment periods.
    (6) We made revisions to the unit boundaries based on information 
supplied by commenters, as well as information gained from field visits 
to some of the sites, that indicated that the primary constituent 
elements were not present in certain portions of the proposed unit, 
that certain changes in land use had occurred on lands within the 
proposed critical habitat that would preclude those areas from 
supporting the primary constituent elements, or that the areas were not 
essential to the conservation of the species in question. In addition, 
areas were excluded based other impacts pursuant to section 4(b)(2) of 
the Act (see ``Other Impacts'').
    (7) In accordance with the revisions described in (1) through (6), 
we revised Sec.  17.12 ``Endangered and threatened plants'' and Sec.  
17.99 ``Critical Habitat; plants on the islands of Kauai, Niihau, 
Molokai, Maui, Kahoolawe, Oahu, and Hawaii, Hawaii, and the 
Northwestern Hawaiian Islands'', as appropriate.
    A brief summary of the modifications made to each unit is given 
below (see also Figure 1).
BILLING CODE 4310-55-PS4725

[[Page 39647]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.000

BILLING CODE 4310-55-CS4700

Hawaii A1

    This unit was proposed as critical habitat for one species, 
Pleomele hawaiiensis. Modifications were made to this unit to exclude 
areas that do not contain the primary constituent elements for this 
species. The area designated as critical habitat for this endemic 
species provides habitat within its historical range for one population 
of Pleomele hawaiiensis. Three other

[[Page 39648]]

critical habitat units for this species are designated on the island of 
Hawaii for a total of nine populations, and excluded Kamehameha Schools 
lands provide habitat for one additional population (see ``Analysis of 
Impacts Under Section 4(b)(2)'').
    These modifications resulted in the reduction from 719 ha (1,777 
ac) to 677 ha (1,673 ac). This unit was renamed Hawaii 7--Pleomele 
hawaiiensis--a.

Hawaii A2

    This unit was proposed as critical habitat for Nothocestrum 
breviflorum. Modifications were made to this unit to exclude areas that 
do not contain the primary constituent elements for this species. The 
area designated as critical habitat for this endemic species provides 
habitat within its historical range for four populations of 
Nothocestrum breviflorum. There is habitat designated elsewhere on the 
island of Hawaii for this species providing habitat for nine 
populations.
    These modifications resulted in the reduction from 2,685 ha (6,635 
ac) to 1,516 ha (3,744 ac). This unit was renamed Hawaii 5--
Nothocestrum breviflorum--a and Hawaii 6--Nothocestrum breviflorum--b.

Hawaii B

    This unit was proposed as critical habitat for three species: 
Achyranthes mutica, Clermontia drepanomorpha, and Phyllostegia 
warshaueri. Modifications were made to this unit to exclude areas that 
do not contain the primary constituent elements for these species.
    The area designated as critical habitat for the two species endemic 
to the island of Hawaii provides habitat for six populations of 
Clermontia drepanomorpha and three populations of Phyllostegia 
warshaueri within their historical ranges. One other critical habitat 
unit for Phyllostegia warshaueri is designated on the island of Hawaii 
for a total of 10 populations. The area designated as critical habitat 
for the multi-island Achyranthes mutica species provides habitat for 10 
populations within its historical range. Nine other critical habitat 
units for this species are designated on the island of Hawaii. This 
species is historically known from Kauai, but no critical habitat was 
designated for it on that island (68 FR 9116, February 27, 2003).
    These modifications resulted in the reduction from 8,200 ha (20,263 
ac) to 3,360 ha (8,304 ac). This unit was renamed Hawaii 9--Achyranthes 
mutica--a, Hawaii 9--Achyranthes mutica--b, Hawaii 9--Achyranthes 
mutica--c, Hawaii 9--Achyranthes mutica--d, Hawaii 9--Achyranthes 
mutica--e, Hawaii 9--Achyranthes mutica--f, Hawaii 9--Achyranthes 
mutica--g, Hawaii 9--Achyranthes mutica--h, Hawaii 9--Achyranthes 
mutica--i, Hawaii 9--Achyranthes mutica--j, Hawaii 8--Clermontia 
drepanomorpha--a, and Hawaii 8--Phyllostegia warshaueri--b.

Hawaii C

    This unit was proposed as critical habitat for one multi-island 
species, Sesbania tomentosa. The entire area proposed for this species 
is eliminated from this final rule. This area is not essential to the 
conservation of this species because it has a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of this species, and there are 12 other locations 
that have been designated to meet the recovery goal of 8 to 10 
populations throughout its historical range on this and other islands. 
We designated critical habitat for this species on Nihoa (habitat for 
one population), Necker (habitat for one population), Kauai (habitat 
for two populations), Oahu (habitat for two populations), Molokai 
(habitat for two populations), and Maui (habitat for two population)(68 
FR 28054, May 22, 2003; 68 FR 9116, February 27, 2003; 68 FR 35949, 
June 17, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 2003). 
There is habitat designated elsewhere on the island of Hawaii for this 
species, providing habitat for two populations. Exclusion of this unit 
from critical habitat for Sesbania tomentosa resulted in the overall 
reduction of 38 ha (94 ac) from critical habitat on the island of 
Hawaii.

Hawaii D1

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species.
    In addition, we eliminated the proposed critical habitat in Hawaii 
D1 for Portulaca sclerocarpa. The area proposed for this species is 
eliminated from this final rule because it is not essential to the 
conservation of this species due to its lower proportion of associated 
native species than other areas we consider to be essential to the 
conservation of Portulaca sclerocarpa. This species is currently found 
on the islands of Lanai and Hawaii, and critical habitat for one 
population was designated on Lanai (68 FR 1220, January 9, 2003). This 
rule designates critical habitat for a total of five populations. There 
is habitat for four other populations on lands excluded from this final 
rule in PTA (see ``Analysis of Impacts Under Section 4(b)(2)'').
    The area designated as critical habitat for the island-endemic 
species, Isodendrion hosakae, provides habitat for one population 
within its historical range. There is habitat designated elsewhere on 
the island of Hawaii for eight populations of Isodendrion hosakae. The 
area designated as critical habitat for the multi-island species, Vigna 
o-wahuensis, provides habitat for one population within its historical 
range. Critical habitat was designated within its historical range on 
Oahu (habitat for three populations) and Maui (habitat for one 
population) (68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 2003). 
Habitat is designated elsewhere on the island of Hawaii for four 
populations.
    These modifications resulted in the reduction from 55 ha (136 ac) 
to 49 ha (121 ac). This unit was renamed Hawaii 4--Isodendrion 
hosakae--a and Hawaii 4--Vigna o-wahuensis--a.

Hawaii D2

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species.
    We eliminated the proposed critical habitat in Hawaii D2 for 
Portulaca sclerocarpa. The area proposed for this species is eliminated 
from this final rule because it is not essential to the conservation of 
this species because it has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of Portulaca sclerocarpa. This species is currently found 
on the islands of Lanai and Hawaii, and critical habitat for one 
population was designated on Lanai (68 FR 1220, January 9, 2003). This 
rule designates critical habitat for a total of five populations. There 
is habitat for four other populations on lands excluded from this final 
rule in PTA (see ``Analysis of Impacts Under Section 4(b)(2)'').
    The area designated as critical habitat for the island-endemic 
species, Isodendrion hosakae, provides habitat for one population 
within its historical range. There is habitat designated elsewhere on 
the island of Hawaii for eight populations of Isodendrion hosakae. The 
area designated as critical habitat for the multi-island species,

[[Page 39649]]

Vigna o-wahuensis, provides habitat for one population within its 
historical range. Critical habitat was designated within its historical 
range on Oahu (habitat for three populations) and Maui (habitat for one 
population) (68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 2003). 
Habitat is designated elsewhere on the island of Hawaii for four 
populations.
    These modifications resulted in the reduction from 43 ha (107 ac) 
to 35 ha (87 ac). This unit was renamed Hawaii 4--Isodendrion hosakae--
b and Hawaii 4--Vigna o-wahuensis--b.

Hawaii D3

    This unit was proposed as critical habitat for Isodendrion hosakae. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for this species. The area 
designated as critical habitat for this island-endemic species provides 
habitat within its historical range for one population of Isodendrion 
hosakae. There is habitat designated elsewhere on the island of Hawaii 
for eight populations of Isodendrion hosakae.
    These modifications resulted in the reduction from 257 ha (636 ac) 
to 49 ha (121 ac). This unit was renamed Hawaii 4--Isodendrion 
hosakae--c and Hawaii 4--Isodendrion hosakae--d.

Hawaii D4

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species.
    We eliminated the proposed critical habitat in Hawaii D4 for 
Portulaca sclerocarpa and Vigna o-wahuensis. The area proposed for 
these species is eliminated from this final rule because it is not 
essential to the conservation of these species because it has a lower 
proportion of associated native species than other areas we consider to 
be essential to the conservation of Portulaca sclerocarpa and Vigna o-
wahuensis. This rule designates critical habitat for a total of five 
populations of Portulaca sclerocarpa. There is habitat for four other 
populations of Portulaca sclerocarpa on lands excluded from this final 
rule in PTA (see ``Analysis of Impacts Under Section 4(b)(2)''). 
Critical habitat for Vigna o-wahuensis was designated within its 
historical range on Oahu (habitat for three populations) and Maui 
(habitat for one population) (68 FR 35949, June 17, 2003; 68 FR 25934, 
May 14, 2003). Habitat is designated elsewhere on the island of Hawaii 
for four populations. The area designated as critical habitat for the 
island-endemic species, Isodendrion hosakae, provides habitat for one 
population within its historical range. There is habitat designated 
elsewhere on the island of Hawaii for Isodendrion hosakae (for eight 
populations).
    These modifications resulted in the reduction from 14 ha (34 ac) to 
11 ha (26 ac). This unit was renamed Hawaii 4--Isodendrion hosakae--e.

Hawaii D5

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. The 
entire area proposed for these species was eliminated. This area is 
eliminated from this final rule because it is not essential to the 
conservation of these species because it has a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of these species, and there are 10 other locations 
that have been designated on this and other islands to meet the 
recovery goal of 8 to 10 populations throughout the historical ranges 
of Portulaca sclerocarpa and Vigna o-wahuensis. Portulaca sclerocarpa 
is currently found on the islands of Lanai and Hawaii, and critical 
habitat for one population was designated on Lanai (68 FR 1220, January 
9, 2003). This rule designates critical habitat for a total of five 
populations. There is habitat for four other populations on lands 
excluded from this final rule in PTA (see ``Analysis of Impacts Under 
Section 4(b)(2)''). Critical habitat for Vigna o-wahuensis was 
designated on Oahu (habitat for three populations) and Maui (habitat 
for one population) (68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 
2003). Habitat is designated elsewhere on the island of Hawaii for four 
populations. There is habitat designated elsewhere on the island of 
Hawaii for Isodendrion hosakae (for eight populations). Exclusion of 
this unit from critical habitat for these three species resulted in the 
overall reduction of 1 ha (2.5 ac) of critical habitat on the island of 
Hawaii.

Hawaii D6

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. The 
entire unit was excluded from final critical habitat. We excluded the 
proposed critical habitat on PTA lands for reasons described in 
``Analysis of Impacts Under Section 4(b)(2)'' for Isodendrion hosakae 
and Vigna o-wahuensis. We also eliminated the proposed critical habitat 
in Hawaii D6 for Portulaca sclerocarpa. The area proposed for this 
species is eliminated from this final rule because it is not essential 
to the conservation of this species because it has a lower proportion 
of associated native plant species that other areas we consider to be 
essential to the conservation of Portulaca sclerocarpa. This species is 
currently found on the island of Lanai and Hawaii, and critical habitat 
for one population was designated on Lanai (68 FR 1220, January 9, 
2003). This rule designates habitat for a total of five populations. 
There is habitat for four other populations on other lands excluded 
from this final rule in PTA (see ``Analysis of Impacts Under Section 
4(b)(2)''). The area excluded for the island-endemic species, 
Isodendrion hosakae, provides habitat for one population within its 
historical range. There is habitat designated for six populations 
elsewhere on the island of Hawaii in this rule. The area excluded for 
the multi-island species, Vigna o-wahuensis, provides habitat for one 
population within its historical range. Critical habitat was designated 
on Oahu (habitat for three populations) and Maui (habitat for one 
population) (68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 2003). 
Habitat is designated elsewhere on the island of Hawaii for three 
populations in this rule. Exclusion of this unit from critical habitat 
for these three species resulted in the overall reduction of 36 ha (89 
ac) of critical habitat on the island of Hawaii.

Hawaii D7

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species.
    We eliminated the proposed critical habitat in Hawaii D7 for 
Portulaca sclerocarpa. The area proposed for this species is eliminated 
from this final rule because it is not essential to the conservation of 
this species because it has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of Portulaca sclerocarpa. This species is currently found 
on the islands of Lanai and Hawaii and critical habitat for one 
population was designated on Lanai (68 FR 1220, January 9, 2003). This 
rule designates critical habitat for a total of five populations. There 
is habitat for four other populations on lands excluded from this final 
rule in PTA (see

[[Page 39650]]

``Analysis of Impacts Under Section 4(b)(2)'').
    The area designated as critical habitat for the island-endemic 
species, Isodendrion hosakae, provides habitat for one population 
within its historical range. There is habitat designated elsewhere on 
the island of Hawaii for Isodendrion hosakae (for eight populations). 
The area designated as critical habitat for the multi-island species, 
Vigna o-wahuensis, provides habitat for one population within its 
historical range. Critical habitat was designated on Oahu (habitat for 
three populations) and Maui (habitat for one population) (68 FR 35949, 
June 17, 2003; 68 FR 25934, May 14, 2003). Habitat is designated 
elsewhere on the island of Hawaii for four populations.
    These modifications resulted in the reduction from 112 ha (278 ac) 
to 51 ha (127 ac). This unit was renamed Hawaii 4--Isodendrion 
hosakae--f and Hawaii 4--Vigna o-wahuensis--c.

Hawaii D8

    This unit was proposed as critical habitat for three species: 
Isodendrion hosakae, Portulaca sclerocarpa, and Vigna o-wahuensis. The 
entire area proposed for these species was eliminated from final 
critical habitat. We eliminated the proposed critical habitat in Hawaii 
D6 for Portulaca sclerocarpa and Vigna o-wahuensis. The area proposed 
for these species was determined to be not essential to the 
conservation of this species because it has a lower proportion of 
associated native plant species than other areas we consider to be 
essential to the conservation of Portulaca sclerocarpa and Vigna o-
wahuensis. Portulaca sclerocarpa is currently found on the island of 
Lanai and Hawaii, and critical habitat for one population was 
designated on Lanai (68 FR 1220, January 9, 2003). This rule designates 
habitat for a total of five populations. There is habitat for four 
other populations on other lands excluded from this final rule in PTA 
(see ``Analysis of Impacts Under Section 4(b)(2)''). Critical habitat 
for Vigna o-wahuensis was designated within its historical range on 
Oahu (habitat for three populations) and Maui (habitat for one 
population) (68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 2003). 
Habitat is designated elsewhere on the island of Hawaii for three 
populations in this rule.
    We also excluded the proposed critical habitat on PTA lands (see 
``Analysis of Impacts Under Section 4(b)(2)'') for Isodendrion hosakae. 
The area excluded for the island-endemic species, Isodendrion hosakae, 
provides habitat for one population within its historical range. There 
is habitat designated for six populations elsewhere on the island of 
Hawaii in this rule. Exclusion of this unit from critical habitat for 
these three species resulted in the overall reduction of 8 ha (21 ac) 
of critical habitat on the island of Hawaii.

Hawaii E

    This unit was proposed as critical habitat for three species: 
Clermontia lindseyana, Clermontia pyrularia, and Phyllostegia racemosa. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species.
    The area designated as critical habitat for the two island-endemic 
species provides habitat for three populations of Clermontia pyrularia 
and three populations of Phyllostegia racemosa within their historical 
ranges. The area designated as critical habitat for the multi-island 
species provides habitat for two populations of Clermontia lindseyana 
within its historical range. Critical habitat for two additional 
populations was designated for this species on Maui (68 FR 25934, May 
14, 2003) and habitat is designated for a total of eight populations on 
the island of Hawaii in this rule.
    These modifications resulted in the reduction from 2,992 ha (7,393 
ac) to 2,189 ha (5,409 ac). This unit was renamed Hawaii 2--Clermontia 
lindseyana--b, Hawaii 2--Clermontia pyrularia--b, and Hawaii 2--
Phyllostegia racemosa--b.

Hawaii F

    This unit was proposed as critical habitat for seven species: 
Clermontia peleana, Cyanea platyphylla, Cyanea shipmanii, Cyrtandra 
giffardii, Cyrtandra tintinnabula, Phyllostegia racemosa, and 
Phyllostegia warshaueri. Modifications were made to this unit to 
eliminate areas that do not contain the primary constituent elements 
for these species or were considered not essential to the conservation 
of these species because they have a lower proportion of associated 
native species than other areas we consider to be essential to the 
conservation of these species, and there are at least 8 other locations 
that have been designated or are designated in this rule to meet the 
recovery goal of 8 to 10 populations throughout their historical ranges 
on this and other islands.
    The area designated as critical habitat for the six island-endemic 
species provides habitat within their historical ranges for three 
populations each of Cyanea platyphylla, Cyanea shipmanii, and Cyrtandra 
giffardii; seven populations of Cyrtandra tintinnabula and Phyllostegia 
warshaueri; and five populations of Phyllostegia racemosa. The area 
designated as critical habitat for the multi-island species Clermontia 
peleana provides habitat for six populations within its historical 
range. Habitat for four additional populations of Clermontia peleana is 
designated in this rule.
    These modifications resulted in the reduction from 13,906 ha 
(34,363 ac) to 11,539 ha (28,513 ac). This unit was renamed Hawaii 1--
Clermontia lindseyana--a, Hawaii 1--Clermontia peleana--a, Hawaii 1--
Clermontia pyrularia--a, Hawaii 1--Cyanea shipmanii--a, Hawaii 1--
Phyllostegia racemosa--a, Hawaii 3--Clermontia peleana--b, Hawaii 3--
Cyanea platyphylla--a, Hawaii 3--Cyrtandra giffardii--a, Hawaii 3--
Cyrtandra tintinnabula--a, and Hawaii 3--Phyllostegia warshaueri--a.

Hawaii G

    This unit was proposed as critical habitat for 12 species: 
Argyroxiphium kauense, Asplenium fragile var insulare, Clermontia 
lindseyana, Clermontia peleana, Cyanea platyphylla, Cyanea shipmanii, 
Cyanea stictophylla, Cyrtandra giffardii, Phyllostegia racemosa, 
Phyllostegia velutina, Plantago hawaiensis, and Sicyos alba. 
Modifications were made to this unit to eliminate areas that do not 
contain the primary constituent elements for these species or were 
considered not essential to the conservation of these species. Some 
portions eliminated from this final rule were not essential to the 
conservation of these species because they have a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of these species, and there are at least 8 other 
locations that have been designated or are designated in this rule to 
meet the recovery goal of 8 to 10 populations throughout their 
historical ranges on this and other islands.
    We eliminated the proposed critical habitat for the multi-island 
species, Asplenium fragile var. insulare, in Hawaii G because it is not 
essential to the conservation of this species. Asplenium fragile var. 
insulare is historically known from Maui and we have designated 
critical habitat for two populations for this species on that island 
(68 FR 25934, May 14, 2003). There is also habitat for seven 
populations on lands excluded from this final rule on the island of 
Hawaii in PTA (see ``Analysis of Impacts Under Section 4(b)(2)''), and 
this rule

[[Page 39651]]

designates critical habitat for one additional population. We excluded 
the proposed critical habitat on Kamehameha Schools lands in Hawaii G 
because the benefits of excluding these lands outweighed the benefits 
of including them in critical habitat (see ``Analysis of Impacts Under 
Section 4(b)(2)''). Those excluded lands provide habitat for recovery 
populations of Phyllostegia racemosa and Phyllostegia velutina, as 
detailed below.
    The area designated as critical habitat for the nine island-endemic 
species provides habitat for 2 populations of Argyroxiphium kauense, 6 
populations of Cyanea platyphylla, 4 populations of Cyanea shipmanii, 6 
populations of Cyanea stictophylla, 7 populations of Cyrtandra 
giffardii, 5 populations (in combination with Kamehameha Schools lands) 
of Phyllostegia racemosa, 6 populations (in combination with Kamehameha 
Schools lands) of Phyllostegia velutina, 3 populations of Plantago 
hawaiensis, and 10 populations of Sicyos alba within their historical 
ranges. The area designated as critical habitat for the two multi-
island species provides habitat for four populations each of Clermontia 
lindseyana and Clermontia peleana within their historical ranges. 
Critical habitat for two populations of Clermontia lindseyana was 
designated on Maui (68 FR 25934, May 14, 2003) and is designated for a 
total of eight populations in this rule. Clermontia peleana has 
critical habitat designated for a total of 10 populations in this rule.
    These modifications resulted in the reduction from 32,286 ha 
(79,781 ac) to 20,261 ha (50,066 ac). This unit was renamed Hawaii 29--
Clermontia peleana--c, Hawaii 29--Cyanea platyphylla--b, Hawaii 29--
Cyrtandra giffardii--b, Hawaii 29--Cyrtandra tintinnabula--b, Hawaii 
30--Argyroxiphium kauense--d, Hawaii 30--Clermontia lindseyana--c, 
Hawaii 30--Cyanea shipmanii--b, Hawaii 30--Cyanea shipmanii--c, Hawaii 
30--Cyanea stictophylla--d, Hawaii 30--Cyrtandra giffardii--c, Hawaii 
30--Phyllostegia hawaiiensis--c, Hawaii 30--Phyllostegia racemosa--c, 
Hawaii 30--Phyllostegia velutina--b, and Hawaii 30--Sicyos alba--a.

Hawaii H

    This unit was proposed as critical habitat for four island endemic 
species: Argyroxiphium kauense, Phyllostegia racemosa, Plantago 
hawaiensis, and Silene hawaiiensis. Modifications were made to this 
unit to exclude areas that do not contain the primary constituent 
elements for these species or were considered not essential to the 
conservation of these species. Some portions eliminated from this final 
rule were not essential to the conservation of these species because 
they have a lower proportion of associated native species than other 
areas we consider to be essential to the conservation of these species, 
and there are at least 8 other locations that have been designated or 
are designated in this rule to meet the recovery goal of 8 to 10 
populations throughout their historical ranges on the island of Hawaii.
    We eliminated the proposed critical habitat for the endemic species 
Phyllostegia racemosa in Hawaii H. The area proposed for this species 
was eliminated from this final rule because it is not essential to the 
conservation of this species. We have designated habitat within this 
species' historical range in three other units, providing habitat for 
10 populations on the island of Hawaii. The area designated as critical 
habitat for the other three island-endemic species provides habitat for 
one population of Argyroxiphium kauense, four populations of Plantago 
hawaiensis, and one population of Silene hawaiiensis within their 
historical ranges.
    These modifications resulted in the reduction from 5,322 ha (13,151 
ac) to 2,433 ha (6,011 ac). This unit was renamed Hawaii 25--
Argyroxiphium kauense--c, Hawaii 25--Plantago hawaiensis--b, and Hawaii 
25--Silene hawaiiensis--a.

Hawaii I

    This unit was proposed as critical habitat for two island-endemic 
species: Hibiscadelphus giffardianus and Melicope zahlbruckneri. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for these species. The area 
designated as critical habitat for these endemic species provides 
habitat for one population of Hibiscadelphus giffardianus and two 
populations of Melicope zahlbruckneri within their historical ranges.
    These modifications resulted in the reduction from 522 ha (1,290 
ac) to 497 ha (1,228 ac). This unit was renamed Hawaii 26--
Hibiscadelphus giffardianus--a and Hawaii 26--Melicope zahlbruckneri--
b.

Hawaii J

    This unit was proposed as critical habitat for Adenophorus periens. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for this species. The area 
designated as critical habitat for this multi-island species provides 
habitat within its historical range for one population of Adenophorus 
periens. We have designated critical habitat for this species for four 
populations on Kauai, one population on Oahu, and four populations on 
Molokai, in addition to the habitat for one population designated in 
this rule (68 FR 9116, February 27, 2003; 68 FR 35949, June 17, 2003; 
68 FR 12982, March 19, 2003).
    These modifications resulted in the reduction from 5,065 ha (12,516 
ac) to 2,733 ha (6,754 ac). This unit was renamed Hawaii 28--
Adenophorus periens--a.

Hawaii K

    This unit was proposed as critical habitat for seven species: 
Argyroxiphium kauense, Asplenium fragile var. insulare, Clermontia 
lindseyana, Cyanea stictophylla, Melicope zahlbruckneri, Plantago 
hawaiensis, and Phyllostegia velutina. Modifications were made to this 
unit to exclude areas that do not contain the primary constituent 
elements for these species. Some portions eliminated from this final 
rule were not essential to the conservation of these species because 
they have a lower proportion of associated native species than other 
areas we consider to be essential to the conservation of these species.
    We eliminated the proposed critical habitat in Hawaii K for 
Clermontia lindseyana. The area proposed for this species was 
eliminated from this final rule because it is not essential to the 
conservation of this species because it has a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of Clermontia lindseyana, and there are at least 10 
other locations for this species designated elsewhere on the islands of 
Hawaii and Maui within its historical range. Critical habitat for two 
populations was designated on Maui (68 FR 25934, May 14, 2003) and 
habitat for eight populations is designated in this rule.
    The area designated as critical habitat for the five island-endemic 
species provides habitat for four populations of Argyroxiphium kauense, 
two populations of Cyanea stictophylla, one population of Melicope 
zahlbruckneri, four populations of Phyllostegia velutina, and three 
populations of Plantago hawaiensis within their historical ranges. The 
area designated as critical habitat for the multi-island species 
provides habitat for one population of Asplenium fragile var. insulare 
within its historical range.
    These modifications resulted in the reduction from 15,294 ha 
(37,792 ac) to 10,961 ha (27,085 ac). This unit was

[[Page 39652]]

renamed Hawaii 24--Argyroxiphium kauense--b, Hawaii 24--Asplenium 
fragile var. insulare--a, Hawaii 24--Cyanea stictophylla--c, Hawaii 
24--Melicope zahlbruckneri--a, Hawaii 24--Phyllostegia velutina--a, and 
Hawaii 24--Plantago hawaiensis--a.

Hawaii L

    This unit was proposed as critical habitat for five species: 
Ischaemum byrone, Pleomele hawaiiensis, Portulaca sclerocarpa, Sesbania 
tomentosa, and Silene hawaiiensis. Modifications were made to this unit 
to exclude areas that do not contain the primary constituent elements 
for these species. In addition, some portions eliminated were not 
essential to the conservation of these species because they have a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these species, and 
there are at least 8 other locations that have been designated or are 
designated in this rule to meet the recovery goal of 8 to 10 
populations throughout their historical ranges.
    The area designated as critical habitat for the two island-endemic 
species provides habitat for five populations of Pleomele hawaiiensis 
and one population of Silene hawaiiensis within their historical 
ranges. The area designated as critical habitat for the three multi-
island species provides habitat for two populations each of Ischaemum 
byrone and Sesbania tomentosa and five populations of Portulaca 
sclerocarpa within their historical ranges. We designated critical 
habitat for Ischaemum byrone on Kauai (habitat for three populations), 
Molokai (habitat for two populations), and Maui (habitat for two 
populations) (68 FR 9116, February 27, 2003; 68 FR12982, March 19, 
2003; 68 FR 25934, May 14, 2003). We are designating habitat for a 
total of three populations on the island of Hawaii in this rule. 
Portulaca sclerocarpa is currently found on the islands of Lanai and 
Hawaii, and critical habitat for one population was designated on Lanai 
(68 FR 1220, January 9, 2003). This rule designates critical habitat 
for a total of five populations. There is habitat for four other 
populations on lands excluded from this final rule in PTA (see 
``Analysis of Impacts Under Section 4(b)(2)''). We have designated 
critical habitat for Sesbania tomentosa on Nihoa (habitat for one 
population), Necker (habitat for one population), Kauai (habitat for 
two populations), Oahu (habitat for two populations), Molokai (habitat 
for two populations), and Maui (habitat for two populations) (68 FR 
28054, May 22, 2003; 68 FR 9116, February 27, 2003; 68 FR 35949, June 
17, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 2003). In 
this rule, we are designating habitat for two populations of Sesbania 
tomentosa.
    These modifications resulted in the reduction from 15,294 ha 
(37,792 ac) to 14,841 ha (36,674 ac). This unit was renamed Hawaii 20--
Sesbania tomentosa--a, Hawaii 21--Ischaemum byrone--a, Hawaii 23--
Pleomele hawaiiensis--d, Hawaii 23--Sesbania tomentosa--b, Hawaii 27--
Portulaca sclerocarpa--a, and Hawaii 27--Silene hawaiiensis--b.

Hawaii M1

    This unit was proposed as critical habitat for one multi-island 
species, Ischaemum byrone. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We have designated 
critical habitat for this species on Kauai (for three populations), and 
Maui (for two populations) (68 FR 35949, June 17, 2003; 68 FR 9116, 
February 27, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 
2003). In this rule we are designating habitat for three populations. 
Exclusion of this unit from critical habitat for Ischaemum byrone 
resulted in the overall reduction of 19 ha (46 ac) of critical habitat 
on the island of Hawaii.

Hawaii M2

    This unit was proposed as critical habitat for one multi-island 
species, Ischaemum byrone. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We have designated 
critical habitat for this species on Kauai (for three populations) and 
Maui (for two populations) (68 FR 35949, June 17, 2003; 68 FR 9116, 
February 27, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 
2003). In this rule, we are designating habitat for three populations. 
Exclusion of this unit from critical habitat for Ischaemum byrone 
resulted in the overall reduction of 133 ha (328 ac) of critical 
habitat on the island of Hawaii.

Hawaii M3

    This unit was proposed as critical habitat for one multi-island 
species, Ischaemum byrone. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We have designated 
critical habitat for this species on Kauai (for three populations) and 
Maui (for two populations) (68 FR 35949, June 17, 2003; 68 FR 9116, 
February 27, 2003; 69 FR 12982, March 19, 2003; 68 FR 25934, May 14, 
2003). In this rule, we are designating habitat for three populations. 
Exclusion of this unit from critical habitat for Ischaemum byrone 
resulted in the overall reduction of 141 ha (349 ac) of critical 
habitat on the island of Hawaii.

Hawaii M4

    This unit was proposed as critical habitat for one multi-island 
species, Ischaemum byrone. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its' historical range on this and other islands. We have designated 
critical habitat for this species on Kauai (for three populations) and 
Maui (for two populations) (68 FR 35949, June 17, 2003; 68 FR 9116, 
February 27, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 
2003). In this rule we are designating habitat for three populations. 
Exclusion of this unit from critical habitat for Ischaemum byrone 
resulted in the overall reduction of 141 ha (348 ac) of critical 
habitat on the island of Hawaii.

Hawaii M5

    This unit was proposed as critical habitat for one species, 
Ischaemum byrone. Modifications were made to this unit to exclude areas 
that do not contain the primary constituent elements for

[[Page 39653]]

this species. The area designated as critical habitat for this multi-
island species provides habitat within its historical range for one 
population of Ischaemum byrone. We have designated critical habitat for 
this species on Kauai (habitat for three populations), Molokai (habitat 
for two populations), and Maui (habitat for two populations) (68 FR 
9116, February 27, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 
14, 2003). In this rule, we are designating habitat for three 
populations on the island of Hawaii.
    These modifications resulted in the reduction from 533 ha (1,316 
ac) to 159 ha (393 ac). This unit was renamed Hawaii 22--Ischaemum 
byrone--b.

Hawaii N1

    This unit was proposed as critical habitat for one multi-island 
species, Sesbania tomentosa. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 12 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We designated critical 
habitat for this species on Nihoa (habitat for one population), Necker 
(habitat for one population), Kauai (habitat for two populations), Oahu 
(habitat for two populations), Molokai (habitat for two populations), 
and Maui (habitat for two populations) (68 FR 28054, May 22, 2003; May 
22, 2003; 68 FR 9116, February 27, 2003; 68 FR 35949, June 17, 2003; 68 
FR 12982, March 19, 2003; 68 FR 25934, May 14, 2003). In this rule, we 
are designating habitat elsewhere on the island of Hawaii for two 
populations. Exclusion of this unit from critical habitat for Sesbania 
tomentosa resulted in the overall reduction of 35 ha (88 ac) of 
critical habitat on the island of Hawaii.

Hawaii N2

    This unit was proposed as critical habitat for one multi-island 
species, Sesbania tomentosa. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 12 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We designated critical 
habitat for this species on Nihoa (habitat for one population), Necker 
(habitat for one population), Kauai (habitat for two populations), Oahu 
(habitat for two populations), Molokai (habitat for two populations), 
and Maui (habitat for two populations) (68 FR 28054, May 22, 2003; May 
22, 2003; 68 FR 9116, February 27, 2003; 68 FR 35949, June 17, 2003; 68 
FR 12982, March 19, 2003; 68 FR 25934, May 14, 2003). In this rule, we 
are designating habitat elsewhere on the island of Hawaii for two 
populations. Exclusion of this unit from critical habitat for Sesbania 
tomentosa resulted in the overall reduction of 441 ha (1,091 ac) of 
critical habitat on the island of Hawaii.

Hawaii O

    This unit was proposed as critical habitat for one species, 
Mariscus fauriei. Modifications were made to this unit to exclude areas 
that do not contain the primary constituent elements for this species.
    The area designated as critical habitat for this multi-island 
species provides habitat within its historical range for one population 
of Mariscus fauriei. We designated critical habitat for this species on 
Molokai (habitat for seven populations) (68 FR 12982, March 18, 2003).
    These modifications resulted in the reduction from 215 ha (531 ac) 
to 127 ha (313 ac). This unit was renamed Hawaii 19--Mariscus fauriei--
b.

Hawaii P

    This unit was proposed as critical habitat for one species, 
Pleomele hawaiiensis. The entire area proposed for this species was 
eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 10 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this island. Three other critical habitat units 
for this species are designated on the island of Hawaii for a total of 
nine populations, and the excluded Kamehameha Schools lands provide 
habitat for one population (see ``Analysis of Impacts Under Section 
4(b)(2)''). Exclusion of this unit from critical habitat for Pleomele 
hawaiiensis resulted in the overall reduction of 547 ha (1,351 ac) of 
critical habitat on the island of Hawaii.

Hawaii Q

    This unit was proposed as critical habitat for six species: 
Colubrina oppositifolia, Diellia erecta, Flueggea neowawraea, Gouania 
vitifolia, Neraudia ovata, and Pleomele hawaiiensis. Modifications were 
made to this unit to exclude areas that do not contain the primary 
constituent elements for these species. The portions eliminated from 
this final rule were not essential to the conservation of these species 
because they have a lower proportion of associated native species than 
other areas we consider to be essential to the conservation of these 
species, and there are at least eight other locations that have been 
designated or are being designated in this rule to meet the recovery 
goal of 8 to 10 populations throughout their historical ranges.
    The area designated as critical habitat for the two island-endemic 
species provides habitat for two populations each of Neraudia ovata and 
Pleomele hawaiiensis within their historical ranges. The area 
designated as critical habitat for the four multi-island species 
provides habitat for two populations each of Colubrina oppositifolia 
and Gouania vitifolia, and one population each of Diellia erecta and 
Flueggea neowawraea, within their historical ranges. We designated 
critical habitat for Colubrina oppositifolia on Oahu (habitat for three 
populations) and Maui (habitat for three populations) (68 FR 35949, 
June 17, 2003; 68 FR 25934, May 14, 2003), and we are designating 
habitat for a total of four populations on the island of Hawaii in this 
rule. Critical habitat for one population each of Diellia erecta was 
designated on Kauai, Oahu, and Molokai, and four populations on Maui 
(68 FR 9116, February 27, 2003; 68 FR 35949, June 17, 2003; 68 FR 
12982, March 19, 2003; 68 FR 25934, May 14, 2003). In this rule, 
habitat is designated for two populations on the island of Hawaii. We 
designated critical habitat for Flueggea neowawraea on Kauai (habitat 
for four populations), Molokai (habitat for one population), and Maui 
(habitat for one population) (68 FR 9116, February 27, 2003; 68 FR 
12982, March 19, 2003; 68 FR 25934, May 14, 2003). In this rule we are 
designating habitat for two populations. In addition, there is habitat 
on Oahu for one population of Flueggea neowawraea on excluded lands (68 
FR 35949, June 17, 2003). We designated critical habitat for Gouania 
vitifolia on Oahu (habitat for seven populations) and Maui (habitat for 
one population), as well as habitat for two populations in this rule 
(68 FR 35949, June 17, 2003; 68 FR 25934, May 14, 2003).

[[Page 39654]]

    These modifications resulted in the reduction from 15,294 ha 
(37,792 ac) to 2,997 ha (7,406 ac). This unit was renamed Hawaii 18--
Colubrina oppositifolia--b, Hawaii 18--Diellia erecta--b, Hawaii 18--
Flueggea neowawraea--b, Hawaii 18--Gouania vitifolia--a, Hawaii 18--
Neraudia ovata--d, and Hawaii 18--Pleomele hawaiiensis--c.

Hawaii R

    This unit was proposed as critical habitat for two species: Diellia 
erecta and Flueggea neowawraea. Modifications were made to this unit to 
eliminate areas that do not contain the primary constituent elements 
for these species. The portions eliminated were not essential to the 
conservation of these species because they have a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of these species, and there are at least 8 other 
locations that have been designated or are designated in this rule to 
meet the recovery goal of 8 to 10 populations throughout their 
historical ranges.
    The area designated as critical habitat for these two multi-island 
species provides habitat for one population each of Diellia erecta and 
Flueggea neowawraea within their historical ranges. Critical habitat 
for one population each of Diellia erecta was designated on Kauai, 
Oahu, and Molokai, and four populations on Maui (68 FR 9116, February 
27, 2003; 68 FR 35949, June 17, 2003; 68 FR 12982, March 19, 2003; 68 
FR 25934, May 14, 2003). We are designating habitat for two populations 
of Diellia erecta on the island of Hawaii in this rule. We designated 
critical habitat for Flueggea neowawraea on Kauai (habitat for four 
populations), Molokai (habitat for one population), and Maui (habitat 
for one population) (68 FR 9116, February 27, 2003; 68 FR 12982, March 
19, 2003; 68 FR 25934, May 14, 2003). In this rule, we are designating 
habitat for two populations. In addition, there is habitat for on Oahu 
for one population of Flueggea neowawraea on excluded lands (68 FR 
35949, June 17, 2003).
    These modifications resulted in the reduction from 387 ha (955 ac) 
to 332 ha (819 ac). This unit was renamed Hawaii 17--Diellia erecta--a 
and Hawaii 17--Flueggea neowawraea--a.

Hawaii S

    This unit was proposed as critical habitat for two species: Cyanea 
hamatiflora ssp. carlsonii and Cyanea stictophylla. Modifications were 
made to this unit to eliminate areas that do not contain the primary 
constituent elements for these species. Some portions eliminated were 
not essential to the conservation of these species because they have a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these species, and 
there are at least 8 other locations that are being designated in this 
rule to meet the recovery goal of 8 to 10 populations throughout their 
historical ranges. The area designated as critical habitat for these 
two island-endemic species provides habitat for one population each of 
Cyanea hamatiflora ssp. carlsonii and Cyanea stictophylla within their 
historical ranges.
    These modifications resulted in the reduction from 383 ha (947 ac) 
to 331 ha (819 ac). This unit was renamed Hawaii 16--Cyanea hamatiflora 
ssp. carlsonii--d and Hawaii 16--Cyanea stictophylla--b.

Hawaii T

    This unit was proposed as critical habitat for two species: Cyanea 
hamatiflora ssp. carlsonii and Cyanea stictophylla. Modifications were 
made to this unit to eliminate areas that do not contain the primary 
constituent elements for these species. Some portions eliminated were 
not essential to the conservation of these species because they have a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these species, and 
there are at least 8 other locations that are being designated in this 
rule to meet the recovery goal of 8 to 10 populations throughout their 
historical ranges. The area designated as critical habitat for these 
two island-endemic species provides habitat for one population each of 
Cyanea hamatiflora ssp. carlsonii and Cyanea stictophylla within their 
historical ranges.
    These modifications resulted in the reduction from 1,489 ha (3,681 
ac) to 1,264 ha (3,123 ac). This unit was renamed Hawaii 15--Cyanea 
hamatiflora ssp. carlsonii--c and Hawaii 15--Cyanea stictophylla--a.

Hawaii U

    This unit was proposed as critical habitat for one species, Cyanea 
hamatiflora ssp. carlsonii. Modifications were made to this unit to 
eliminate areas that do not contain the primary constituent elements 
for this species. Some portions eliminated were not essential to the 
conservation of this species because they have a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of this species, and there are at least 5 other 
locations with habitat for a total of 7 populations that are designated 
in this rule to meet the recovery goal of 8 to 10 populations 
throughout the species' historical range. The area designated as 
critical habitat for this island-endemic species provides habitat for 
one population of Cyanea hamatiflora ssp. carlsonii within its 
historical range.
    These modifications resulted in the reduction from 615 ha (1,520 
ac) to 597 ha (1,475 ac). This unit was renamed Hawaii 14--Cyanea 
hamatiflora ssp. carlsonii--b.

Hawaii V

    This unit was proposed as critical habitat for one species endemic 
to the island of Hawaii, Nothocestrum breviflorum. The entire area 
proposed for this species was eliminated. This area is not essential to 
the conservation of this species because it has a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of this species, and there are 3 other locations 
that have been designated to meet the recovery goal of 8 to 10 
populations throughout its historical range on this island. Habitat 
designated elsewhere on the island of Hawaii for this species provides 
habitat for nine populations. Exclusion of this unit from critical 
habitat for Nothocestrum breviflorum resulted in the overall reduction 
of 951 ha (2,351 ac) of critical habitat on the island of Hawaii.

Hawaii W

    This unit was proposed as critical habitat for one multi-island 
species, Delissea undulata. The entire area proposed for this species 
was excluded. Some of it was excluded because it is not essential to 
the conservation of this species. We also excluded the proposed 
critical habitat on Kamehameha Schools lands in Hawaii W because the 
benefits of excluding these lands outweighed the benefits of including 
them in critical habitat (see ``Analysis of Impacts Under Section 
4(b)(2)''). These excluded lands provide habitat for three recovery 
populations of Delissea undulata. There is habitat designated elsewhere 
on the island of Hawaii for this species providing habitat for two 
populations. In addition, we have designated habitat on Kauai for three 
populations (68 FR 9116, February 27, 2003). Exclusion of this unit 
from critical habitat for Delissea undulata resulted in the overall 
reduction of 1,479 ha (3,654 ac) of critical habitat on the island of 
Hawaii.

Hawaii X

    This unit was proposed as critical habitat for two species: Cyanea

[[Page 39655]]

hamatiflora ssp. carlsonii and Solanum incompletum. Modifications were 
made to this unit to eliminate areas that do not contain the primary 
constituent elements for these species. Some portions eliminated were 
not essential to the conservation of these species because they have a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these species, and 
there are at least 8 other locations that have been designated or are 
designated in this rule to meet the recovery goal of 8 to 10 
populations throughout their historical ranges.
    The area designated as critical habitat for the island-endemic 
species provides habitat for one population of Cyanea hamatiflora ssp. 
carlsonii within its historical range. The area designated as critical 
habitat for the multi-island species provides habitat for one 
population of Solanum incompletum within its historical range. This 
rule designates critical habitat for four populations on the island of 
Hawaii. There is also habitat for five populations on lands excluded 
from this final rule in PTA (see ``Analysis of Impacts Under Section 
4(b)(2)''). Habitat for one population is in the area excluded from 
critical habitat on Lanai (68 FR 1220, January 9, 2003).
    These modifications resulted in the reduction from 138 ha (340 ac) 
to 92 ha (227 ac). This unit was renamed Hawaii 11--Cyanea hamatiflora 
ssp. carlsonii--a and Hawaii 11--Solanum incompletum--b.

Hawaii Y1

    This unit was proposed as critical habitat for two species: 
Isodendrion pyrifolium and Neraudia ovata. We excluded the proposed 
critical habitat on these lands because the benefits of excluding these 
lands outweighed the benefits of including them in critical habitat 
(see ``Analysis of Impacts Under Section 4(b)(2)''). Habitat for nine 
populations of Neraudia ovata are designated in this rule. We 
designated critical habitat for Isodendrion pyrifolium on Oahu (habitat 
for three populations), Molokai (habitat for one population), and Maui 
(habitat for two populations) (68 FR 35949, June 17, 2003; 68 FR 12982, 
March 19, 2003; 68 FR 25934, May 14, 2003). Habitat for two additional 
populations is in the land excluded from critical habitat on Lanai (68 
FR 1220, January 9, 2003). Exclusion of this unit from critical habitat 
for Isodendrion pyrifolium and Neraudia ovata resulted in the overall 
reduction of 212 ha (524 ac) of critical habitat on the island of 
Hawaii.

Hawaii Y2

    This unit was proposed as critical habitat for two species: 
Isodendrion pyrifolium and Neraudia ovata. We excluded the proposed 
critical habitat on these lands because the benefits of excluding these 
lands outweighed the benefits of including them in critical habitat 
(see ``Analysis of Impacts Under Section 4(b)(2)''). Habitat for nine 
populations of Neraudia ovata are designated in this rule. We 
designated critical habitat for Isodendrion pyrifolium on Oahu (habitat 
for three populations), Molokai (habitat for one population), and Maui 
(habitat for two populations) (68 FR 35949, June 17, 2003; 68 FR 12982, 
March 19, 2003; 68 FR 25934, May 14, 2003). Habitat for two additional 
populations is in the land excluded from critical habitat on Lanai (68 
FR 1220, January 9, 2003). Exclusion of this unit from critical habitat 
for Isodendrion pyrifolium and Neraudia ovata resulted in the overall 
reduction of 334 ha (826 ac) of critical habitat on the island of 
Hawaii.

Hawaii Z

    This unit was proposed as critical 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. Modifications were made to this unit to exclude areas 
that do not contain the primary constituent elements for these species. 
We also eliminated the proposed critical habitat in Hawaii Z for Cyanea 
stictophylla, Flueggea neowawraea, Phyllostegia velutina, and Plantago 
hawaiensis. Areas proposed for these four species were eliminated 
because they are not essential to the conservation of these species 
because they had a lower proportion of associated native species than 
other areas we consider to be essential to the conservation of these 
species, and there are at least nine other locations for each of these 
species designated elsewhere within their historical ranges. We are 
designating critical habitat elsewhere on the island of Hawaii for 10 
populations each of Cyanea stictophylla, Phyllostegia velutina, and 
Plantago hawaiensis, all island-endemic species. For the multi-island 
species Flueggea neowawraea, we are designating critical habitat for 
two populations elsewhere on the island of Hawaii, and we have 
designated habitat for four populations on Kauai and one population on 
Molokai and Maui (68 FR 9116, February 27, 2003; 68 FR 12982, March 19, 
2003; 68 FR 25934, May 14, 2003). Habitat for one additional population 
of Flueggea neowawraea is on lands excluded from critical habitat on 
Oahu (68 FR 35949, June 17, 2003).
    In addition, we excluded the proposed critical habitat on 
Kamehameha Schools and National Tropical Botanical Garden lands in 
Hawaii Z because the benefits of excluding these lands outweighed the 
benefits of including them in critical habitat (see ``Analysis of 
Impacts Under Section 4(b)(2)''). These excluded lands provide habitat 
for one population of Pleomele hawaiiensis and, in combination with 
land designated in this unit, one population of Bonamia menziesii.
    The area designated as critical habitat for the four island-endemic 
species in this unit provides habitat for eight populations of 
Hibiscadelphus hualalaiensis, five populations of Nothocestrum 
breviflorum, one population of Pleomele hawaiiensis, and seven 
populations of Zanthoxylum dipetalum var. tomentosum within their 
historical ranges. Elsewhere in this rule, we are designating habitat 
for four populations of Nothocestrum breviflorum and eight populations 
of Pleomele hawaiiensis. The area designated as critical habitat for 
the four multi-island species in this unit provides habitat for one 
population (in combination with excluded lands) of Bonamia menziesii, 
two populations each of Colubrina oppositifolia and Delissea undulata, 
and one population of Hibiscus brackenridgei within their historical 
ranges. We have designated critical habitat for Bonamia menziesii on 
Kauai (habitat for two populations), Oahu (habitat for four 
populations), and Maui (habitat for one population), and elsewhere in 
this rule are designating habitat for one population. Habitat for one 
additional population of this species is in the land excluded from 
critical habitat on Lanai. We have designated critical habitat for 
Colubrina oppositifolia on Oahu (habitat for three populations) and 
Maui (habitat for three populations), and elsewhere in this rule, we 
are designating habitat for four populations on the island of Hawaii. 
We have designated critical habitat for Delissea undulata on Kauai 
(habitat for three populations). We have designated critical habitat 
for Hibiscus brackenridgei on Oahu (habitat for three populations), 
Molokai (habitat for one population), Maui (habitat for three 
populations) and habitat for one additional population is in land 
excluded from critical habitat on Lanai

[[Page 39656]]

(68 FR 1220, January 9, 2003; 68 FR 9116, February 27, 2003; 68 FR 
35949, June 17, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, May 14, 
2003).
    These modifications resulted in the reduction from 10,738 ha 
(26,535 ac) to 6,564 ha (16,221 ac). This unit was renamed Hawaii 10--
Bonamia menziesii--a, Hawaii 10--Colubrina oppositifolia--a, Hawaii 
10--Delissea undulata--a, Hawaii 10--Delissea undulata--b, Hawaii 10--
Hibiscadelphus hualalaiensis--a, Hawaii 10--Hibiscus brackenridgei--a, 
Hawaii 10--Nothocestrum breviflorum--c, Hawaii 10--Pleomele 
hawaiiensis--b, and Hawaii 10--Zanthoxylum dipetalum ssp. tomentosum--
a.

Hawaii AA

    This unit was proposed as critical 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. The entire area proposed for these species, 
which is located on PTA lands, was excluded for the reasons described 
in ``Analysis of Impacts Under Section 4(b)(2)''. As a result, no 
critical habitat was designated for the five multi-island species 
Hedyotis coriacea, Silene lanceolata, Spermolepis hawaiiensis, 
Tetramolopium arenarium, and Zanthoxylum hawaiiense on the island of 
Hawaii because all of the habitat proposed for these species is within 
these lands. These excluded lands provide habitat for six populations 
of Hedyotis coriacea, six populations of Silene lanceolata, two 
populations of Spermolepis hawaiiensis, seven populations of 
Tetramolopium arenarium, and six populations of Zanthoxylum hawaiiense. 
We have designated critical habitat for Hedyotis coriacea on Oahu 
(habitat for two populations) and Maui (habitat for two populations) 
(68 FR 25934, May 14, 2003). We designated critical habitat for Silene 
lanceolata on Oahu (habitat for one population) and Molokai (habitat 
for two populations) (68 FR 12982, March 19, 2003). We have designated 
critical habitat for Spermolepis hawaiiensis on Kauai (habitat for two 
populations), Oahu (habitat for two populations), Molokai (habitat for 
one population), and Maui (habitat for two populations) (68 FR 25934, 
May 14, 2003). Habitat for one additional population of Spermolepis 
hawaiiensis is in the area excluded from critical habitat on Lanai (68 
FR 1220, January 9, 2003). Tetramolopium arenarium is known 
historically from Maui, but is currently only found on the island of 
Hawaii. We have designated no critical habitat for this species. We 
have designated critical habitat for Zanthoxylum hawaiiense on Kauai 
(habitat for two populations), Molokai (habitat for one population), 
and Maui (habitat for one population) (68 FR 9116, February 27, 2003; 
68 FR 35949, June 17, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, 
May 14, 2003).
    These excluded lands also provide habitat for seven populations of 
Asplenium fragile var. insulare, four populations of Neraudia ovata, 
four populations of Portulaca sclerocarpa, seven populations of Silene 
hawaiiensis, and four populations of Solanum incompletum. Asplenium 
fragile var. insulare is historically known from Maui and we have 
designated critical habitat for two populations for this species on 
that island (68 FR 25934, May 14, 2003) and habitat for one population 
is designated in this rule. Neraudia ovata is endemic to the island of 
Hawaii and habitat for six populations are designated in this rule. We 
have designated critical habitat for one population of Portulaca 
sclerocarpa on Lanai (68 FR 1220, January 9, 2003) and are designating 
habitat for five populations in this rule. Silene hawaiiensis is 
endemic to the island of Hawaii, and habitat for three populations is 
designated in this rule. Habitat for one population of the multi-island 
species Solanum incompletum is in the area excluded from critical 
habitat on Lanai (68 FR 1220, January 9, 2003) and we are designating 
habitat for four populations in this rule.
    Exclusion of this unit from critical habitat for Asplenium fragile 
var. insulare, Hedyotis coriacea, Neraudia ovata, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, and 
Zanthoxylum hawaiiense resulted in the overall reduction of 28,384 ha 
(70,138 ac) of critical habitat on the island of Hawaii.

Hawaii BB

    This unit was proposed as critical habitat for one multi-island 
species, Sesbania tomentosa. The entire area proposed for this species 
was eliminated. This area is not essential to the conservation of this 
species because it has a lower proportion of associated native species 
than other areas we consider to be essential to the conservation of 
this species, and there are 12 other locations that have been 
designated to meet the recovery goal of 8 to 10 populations throughout 
its historical range on this and other islands. We designated critical 
habitat for this species on Nihoa (habitat for one population), Necker 
(habitat for one population), Kauai (habitat for two populations), Oahu 
(habitat for two populations), Molokai (habitat for two populations), 
and Maui (habitat for two populations) (68 FR 28054, May 22, 2003; 68 
FR 9116, February 27, 2003; 68 FR 35949, June 17, 2003; 68 FR 12982, 
March 19, 2003; 68 FR 25934, May 14, 2003). There is habitat designated 
elsewhere on the island of Hawaii for this species, providing habitat 
for two populations. Exclusion of this unit from critical habitat for 
Sesbania tomentosa resulted in the overall reduction of 43 ha (106 ac) 
of critical habitat on the island of Hawaii.

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,'' as defined by the Act, means the use of all methods 
and procedures that are necessary to bring an endangered or a 
threatened species to the point at which listing under the Act is no 
longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires conferences on 
Federal actions that are likely to result in the destruction or adverse 
modification of proposed critical habitat. In our regulations at 50 CFR 
402.02, we define destruction or adverse modification as ``* * * a 
direct or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. Such alterations include, but are not limited to, alterations 
adversely modifying any of those physical or biological features that 
were the basis for determining the habitat to be critical.'' However, 
in the March 15, 2001, decision of the United States Court of Appeals 
for the Fifth Circuit (Sierra Club v. U.S. Fish and Wildlife Service et 
al., 245 F.3d 434) regarding a not prudent finding, the court found our

[[Page 39657]]

definition of destruction or adverse modification as currently 
contained in 50 CFR 402.02 to be invalid. In response to this decision, 
we are reviewing the regulatory definition of adverse modification in 
relation to the conservation of the species.
    In order to be included in a critical habitat designation, areas 
within the geographical range of the species at the time of listing 
must contain physical or biological features essential to the 
conservation of the species or for an area outside the geographical 
area occupied by the species at the time of listing, the area itself 
must be essential to the conservation of the species, 16 U.S.C. 
1532(5)(A).
    Our regulations state that ``The Secretary shall designate as 
critical habitat areas outside the geographical area presently occupied 
by a species only when a designation limited to its present range would 
be inadequate to ensure the conservation of the species'' (50 CFR 
424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species require designation of critical habitat outside of occupied 
areas, we will not designate critical habitat in areas outside the 
geographic area occupied by the species.
    Section 4 requires that we designate critical habitat for a 
species, to the extent such habitat is determinable, at the time of 
listing. When we designate critical habitat at the time of listing or 
under short court-ordered deadlines, we may not have sufficient 
information to identify all the areas essential for the conservation of 
the species, or we may inadvertently include areas that later will be 
shown to be nonessential. Nevertheless, we are required to complete the 
designation process, using the best information available to us. If new 
information becomes available subsequent to the designation, we have 
authority to revise the critical habitat at that time (16 U.S.C. 
1533(a)(3)(B)).
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (59 FR 34270), 
provides criteria, establishes procedures, and provides guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. It requires our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, to use primary and original sources of information as 
the basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should be the listing package for the species. Additional 
information may be obtained from recovery plans, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials.
    It is important to clearly understand that critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or may not be required for recovery. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1) and 
to the regulatory protections afforded by the Act's section 7(a)(2) 
jeopardy standard and section 9 prohibitions, as determined on the 
basis of the best available information at the time of the action. We 
specifically anticipate that federally funded or assisted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome. 
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.

Prudency

    Designation of critical habitat is not prudent when the species is 
threatened by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of such threat 
to the species (50 CFR 424.12(a)(1)).
    To determine whether critical habitat would be prudent for each 
species, we analyzed the potential threats and benefits for each 
species in accordance with the court's order. Two species, Cyanea 
copelandii ssp. copelandii and Ochrosia kilaueaensis, endemic to the 
island of Hawaii, are no longer extant in the wild. 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. Under 
these circumstances, designation of critical habitat for Cyanea 
copelandii ssp. copelandii and Ochrosia kilaueaensis is not prudent 
because such designation would be of no benefit to these species. If 
these species are rediscovered, we may revise these final prudency 
determinations to incorporate or address new information as new data 
become available (See 16 U.S.C. 1532 (5)(B); 50 CFR 424.13(f)).
    Due to low numbers of individuals and populations and their 
inherent immobility, the other 56 plant species may be vulnerable to 
unrestricted collection, vandalism, or disturbance. However, we 
examined the evidence currently available for each of these species and 
found specific evidence of vandalism, disturbance, and the threat of 
unrestricted collection only 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 
Pritchardia schattaueri because it would increase the degree of threat 
from vandalism or collecting, and would provide no benefit (59 FR 
10305, March 4, 1994; 61 FR 53137, October 10, 1996). 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 Pritchardia schattaueri were 
removed from plants in two of the three locations where this species 
was known at that time (L. Perry and Nick Agorastos, DOFAW pers. comm. 
2000). 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 Pritchardia affinis and Pritchardia 
schattaueri. In light of this information, we believe that designation 
of critical habitat would likely increase the threat from vandalism to 
or collection of to these two species of Pritchardia on the island of 
Hawaii. First, these plants are easy to identify, and second, they may 
be attractive to collectors of rare palms either for their personal use 
or to trade or sell for personal gain (Johnson 1996). Although the 
final listing rules for these two species of palm do not list vandalism 
or overcollection as threats, in light of documented vandalism and 
overcollection events on these species and on species in the same genus 
on Kauai, we believe that Pritchardia affinis and P. schattaueri are 
vulnerable to these threats (59 FR 10305; 61 FR 53137).
    In addition, we believe that designation would not provide 
significant benefits that would outweigh

[[Page 39658]]

these increased risks. First, Pritchardia affinis and Pritchardia 
schattaueri do not occur on Federal lands. Pritchardia schattaueri is 
reported on privately owned land that is zoned for agriculture, and 10 
of the approximately 12 individuals have been fenced (Mick Castillo, 
USFWS, pers. comm. 2003). In addition, the privately owned land is 
currently farmed, with 10 of the plants located in pasture and 2 
located in macadamia nut orchards, and this land is unlikely to be 
developed. Pritchardia affinis occurs on State and privately owned 
lands that are zoned for conservation and agriculture. Since there do 
not appear to be any actions in the future that would likely involve a 
Federal agency, designation of critical habitat would not provide any 
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 U.S. 
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 determine that 
designation of critical habitat for Pritchardia affinis and P. 
schattaueri is not prudent.
    In the final rule for Lanai plants (68 FR 1220, January 9, 2003), 
we found that critical habitat was prudent for the following 16 multi-
island species that also occur on the island of Hawaii: Adenophorus 
periens, Bonamia menziesii, Cenchrus agrimonioides, Ctenitis 
squamigera, Diellia erecta, Hedyotis cookiana, Hibiscus brackenridgei, 
Isodendrion pyrifolium, Mariscus fauriei, Portulaca sclerocarpa, 
Sesbania tomentosa, Silene lanceolata, Solanum incompletum, Spermolepis 
hawaiiensis, Vigna o-wahuensis, and Zanthoxylum hawaiiense. In the 
final rule for Kauai and Niihau plants (68 FR 9116, February 27, 2003), 
we found that critical habitat was prudent for the following seven 
multi-island species that are also found on the island of Hawaii: 
Achyranthes mutica, Delissea undulata, Flueggea neowawraea, Ischaemum 
byrone, Mariscus pennatiformis, Phlegmariurus mannii, and Plantago 
princeps. In the final rule for Maui and Kahoolawe plants (68 FR 25934, 
May 14, 2003), we found that critical habitat was prudent for the 
following eight multi-island species that also occur on the island of 
Hawaii: Asplenium fragile var. insulare, Clermontia lindseyana, 
Clermontia peleana, Colubrina oppositifolia, Gouania vitifolia, 
Hedyotis coriacea, Phyllostegia parviflora, and Tetramolopium 
arenarium.
    We examined the evidence available for the other 23 species and 
have not, at this time, found specific evidence of taking, vandalism, 
collection, or trade of these species or of similar species. 
Consequently, while we remain concerned that these activities could 
potentially threaten 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 species are reported on or near Federal lands (see Table 1 
above), where actions are subject to section 7 consultation. Although 
many of the species considered in this rule 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 find that critical 
habitat is prudent for these 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.

Methods

    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12), we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the conservation of 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 squamigera, 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

[[Page 39659]]

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 
Center for Plant Conservation's (CPC's) rare plant monitoring database 
housed at the University of Hawaii's Lyon Arboretum; island-wide 
Geographic Information System (GIS) coverages (e.g., vegetation, soils, 
annual rainfall, elevation contours, landownership); the final listing 
rules for these 54 species; the May 28, 2002 proposal; information 
received during the public comment periods and the public hearings; 
recent biological surveys and reports; our recovery plans for these 
species; information from landowners, land managers, and interested 
parties on the island of Hawaii; discussions with botanical experts; 
and recommendations from the Hawaii and Pacific Plant Recovery 
Coordinating Committee (HPPRCC) (see also the discussion below) (GDSI 
2000; HINHP Database 2000; Service 1994, 1995a, 1996a, 1996b, 1996c, 
1997a, 1998a, 1998b, 1998c, 1999; 67 FR 36968; CPC, in litt. 1999; R. 
Hobdy and S. Perlman, pers. comms. 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 have 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 to some degree. New 
location data for many species have 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 specific listed species at issue. As a result, the 
critical habitat designations in this 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.

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. These features 
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.
    Much of what is known about the specific physical and biological 
requirements of the 54 species (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 squamigera, 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) is described in the 
``Background'' section of this final rule. We are unable to identify 
these features 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 the physical and 
biological features (i.e., the primary constituent elements) that are 
considered essential to the conservation of these seven species on the 
island of Hawaii is not known. Only scanty information based on old 
collection records (mostly from the 1800s) exists. We are able to 
identify these features for Hedyotis coriacea, Silene lanceolata, 
Spermolepis hawaiiensis, Tetramolopium arenarium, and Zanthoxylum 
hawaiiense, but we are not designating critical habitat for these 
species on the island of Hawaii for the reasons given in the ``Analysis 
of Impacts Under Section 4(b)(2)'' section. Sufficient habitat to meet 
the recovery goal of 8 to 10 populations for these 12 multi-island 
species has either been designated on other islands within their 
historical ranges or has been specifically identified in lands on this 
or other islands (68 FR 1220, January 9, 2003; 68 FR 9116, February 27, 
2003; 68 FR 28054, May 22, 2003; 68 FR 35949, June 17, 2003; 68 FR 
12982, March 19, 2003; 68 FR 25934, May 14, 2003).
    All areas designated as critical habitat are either within the 
geographical range of the species at the time of listing and contain 
one or more of the physical or biological features (primary constituent 
elements) essential for the conservation of the species, or are 
essential to the conservation of the species.
    As described in the discussions for each of the 41 species for 
which we are designating critical habitat, we are defining the primary 
constituent elements on the basis of the habitat features of the areas 
from which the plant species are reported, as described

[[Page 39660]]

by the type of plant community (e.g., mesic Metrosideros polymorpha 
forest), associated native plant species, locale information (e.g., 
steep rocky cliffs, talus slopes, gulches, 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 indicate specific microclimate (localized 
climatic) 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.

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 (National 
Research Council 1995)) to identify the optimal number, size, and 
location of critical habitat units to achieve recovery (Beissinger and 
Westphal 1998; Burgman et al. 2001; Ginzburg et al. 1990; Karieva and 
Wennergren 1995; Menges 1990; Murphy et al. 1990; Taylor 1995). At this 
time, and consistent with the listing of these species and their 
recovery plans, the best available information leads us to conclude 
that the current size and distribution of the extant populations are 
not sufficient to expect a reasonable probability of long-term survival 
and recovery of these plant species. Therefore, we used available 
information, including expert scientific opinion, to identify 
potentially suitable habitat within the known historic range of each 
species.
    We considered several factors in the selection and proposal of 
specific boundaries for critical habitat for these 41 species. For each 
of these species, the overall recovery strategy outlined in the 
approved recovery plans includes: (1) Stabilization of existing wild 
populations, (2) protection and management of habitat, (3) enhancement 
of existing small populations and reestablishment of new populations 
within historic range, and (4) research on species biology and ecology 
(Service 1995a, 1995b, 1996a, 1996b, 1997, 1998a, 1998b, 1999, 2001). 
Thus, the long-term recovery of these species is dependent upon the 
protection of existing population sites and potentially suitable 
unoccupied habitat within the species' 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, reproducing individuals per population for long-
lived perennials; 300 mature, reproducing individuals per population 
for short-lived perennials; and 500 mature, reproducing 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 be very narrowly distributed on a single island (e.g., the 
recovery goal for Argyroxiphium kauense is 10 populations of more than 
2,000 individuals), and the critical habitat designations reflect this 
exception for these species. To be considered recovered, 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 a unit in which the individuals could be regularly 
cross-pollinated and influenced by the same small-scale events (such as 
landslides) and which contains a minimum of 100, 300, or 500 mature, 
reproducing individuals, depending on whether the species is a long-
lived perennial, short-lived perennial, or annual.
    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, which 
could destroy a large percentage of a species at any one time, may be 
reduced (Menges 1990; Podolsky 2001). These recovery objectives were 
initially developed by the HPPRCC and are found in all of the recovery 
plans for these species. While they are expected to be further refined 
as more information on the population biology of each species becomes 
available, the justification for these objectives is found in the 
current conservation biology literature addressing the conservation of 
rare and endangered plants and animals (Beissinger and Westphal 1998; 
Burgman et al. 2001; Falk et al. 1996; Ginzburg et al. 1990; Hendrix 
and Kyhl 2000; Karieva and Wennergren 1995; Luijten et al. 2000; Meffe 
and Carroll 1996; Menges 1990; Murphy et al. 1990; Podolsky 2001; 
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.
    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 longevity, environmental variation, and successional 
stage of the habitat. Hawaiian species are poorly studied, and the only 
one of these characteristics that can be uniformly applied to all 
Hawaiian plant species is longevity (i.e., long-lived perennial, short-
lived perennial, and annual). In general, long-lived woody perennial 
species would be expected to be viable at population levels of 50 to 
250 individuals per population, while short-lived perennial species 
would be viable at population levels of 1,500 to 2,500 individuals or 
more per population. These population numbers were refined for Hawaiian 
plant species by the HPPRCC (1996) 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 a single 
introduction. For recovery of Hawaiian plants, the HPPRCC recommended a 
general recovery guideline of 100 mature, reproducing individuals per 
population for long-lived perennial species, 300 mature, reproducing 
individuals per population for short-lived perennial species, and 500 
mature, reproducing 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 population viability 
analysis models described above (Burgman et al. 2001), this approach 
employs two widely recognized and scientifically accepted goals for 
promoting viable populations of listed species--(1) Creation or

[[Page 39661]]

maintenance of multiple populations so that a single or series of 
catastrophic events cannot destroy the entire listed species (Luijten 
et al. 2000; Menges 1990; Quintana-Ascencio and Menges 1996); and (2) 
increasing the size of each population in the respective critical 
habitat units to a level where the threats of genetic, demographic, and 
normal environmental uncertainties are diminished (Hendrix and Kyhl 
2000; Luijten et al. 2000; Meffe and Carroll 1996; Podolsky 2001; 
Service 1997; Tear et al. 1995; Wolf and Harrison 2001). In general, a 
basic conservation principle is that the larger the number of 
populations and the larger the size of each population, the lower the 
probability of extinction (Meffe and Carroll 1996; Raup 1991). This 
basic conservation principle of redundancy applies to Hawaiian plant 
species. By maintaining 8 to 10 viable populations in several 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 recovery. 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 
nonnative plants and animals. Establishing and conserving 8 to 10 
viable populations on one or more islands within the historic range of 
the species will provide each species with a reasonable expectation of 
persistence and eventual recovery, even with the high potential that 
one or more of these populations will be eliminated by normal or random 
adverse events, such as the hurricanes that occurred in 1982 and 1992 
on Kauai, fires, and nonnative plant invasions (HPPRCC 1996; Luijten et 
al. 2000; Mangel and Tier 1994; Pimm et al. 1998; Stacey and Taper 
1992). We conclude that designation of adequate suitable habitat for 8 
to 10 populations as critical habitat is essential to give the species 
a reasonable likelihood of long-term survival and recovery, based on 
currently available information.
    In summary, the long-term survival and recovery of Hawaiian plant 
species requires the designation of critical habitat units on one or 
more of the Hawaiian islands with suitable habitat for 8 to 10 
populations of each plant species. Some of this habitat is currently 
not known to be occupied by these species. To recover the species, it 
is essential 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 nonnative 
species introductions) (Mangel and Tier 1994; Pimm et al. 1998; Stacey 
and Taper 1992).
    Our approach to delineating critical habitat units was applied in 
the following manner:
    (1) Critical habitat was designated on an island-by-island basis 
for ease of understanding for landowners and the public, for ease of 
conducting the public hearing process, and for ease of conducting 
public outreach. In Hawaii, landowners and the public are most 
interested and affected by issues centered on the island on which they 
reside;
    (2) We focused on designating units representative of the known 
current and historical geographic and elevational range of each 
species; and
    (3) We designated critical habitat units to allow for expansion of 
existing wild populations and reestablishment of wild populations 
within the historic range, as recommended by the recovery plans for 
each species.
    The proposed critical habitat units were delineated by creating 
rough units for each species by screen digitizing polygons (map units) 
using ArcView (Environmental Systems Research Institute, Inc.), a 
computer GIS program. We created the polygons by overlaying current and 
historic plant location points onto digital topographic maps of each of 
the islands.
    We then evaluated the resulting shape files (delineating historic 
elevational range and potential, suitable habitat). We refined 
elevation ranges, and we avoided land areas identified as not suitable 
for a particular species (i.e., not containing the primary constituent 
elements). We then considered the resulting shape files for each 
species to define all suitable habitat on the island, including 
occupied and unoccupied habitat.
    We further evaluated these shape files of suitable habitat. We used 
several factors 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 suitable habitat units 
identified as containing the appropriate primary constituent elements 
for each species. If more than the area needed for the number of 
recovery populations was identified as potentially suitable, only those 
areas within the least disturbed suitable habitat were 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 (3,280 ft) based on our review of current 
literature on gene flow (Barret and Kohn 1991; Fenster and Dudash 1994; 
Havens 1998; Schierup and Christiansen 1996). We further refined the 
resulting critical habitat units by using satellite imagery and parcel 
data to eliminate areas that did not contain the appropriate vegetation 
or associated native plant species, as well as features such as 
cultivated agriculture fields, housing developments, and other areas 
that are unlikely to contribute to the conservation of one or more of 
the 47 plant species for which critical habitat was proposed on May 28, 
2002. We used geographic features (ridge lines, valleys, streams, 
coastlines, etc.) or manmade features (roads or obvious land use) that 
created an obvious boundary for a unit as unit area boundaries.
    Following publication of the proposed critical habitat rules, some 
of which were also published in revised form, for 255 Hawaiian plants 
(67 FR 3940, January 28, 2002; 67 FR 9806, March 4, 2002; 67 FR 15856, 
April 3, 2002; 67 FR 16492, April 5, 2002; 67 FR 34522, May 14, 2002; 
67 FR 36968, May 28, 2002; 67 FR 37108, May 28, 2002), we reevaluated 
proposed critical habitat, Statewide, for each species using the 
recovery guidelines (8 to 10 populations with a minimum of 100 mature, 
reproducing individuals per population for long-lived perennials; 300 
mature, reproducing individuals per population for short-lived 
perennials; and 500 mature, reproducing individuals per population for 
annuals) to determine if we had inadvertently proposed for designation 
too much or too little habitat to meet the essential recovery goals of 
8 to 10 populations per species distributed among the islands of the 
species' known historic range (HINHP

[[Page 39662]]

Database 2000, 2001; Wagner et al. 1990, 1999).
    Based on comments and information we received during the comment 
periods, we assessed the proposed critical habitat in order to 
ascertain which areas contained the highest quality habitat, had the 
highest likelihood of species conservation, and were geographically 
distributed within the species' historical range and distributed such 
that all populations of a single species are unlikely to be impacted by 
a single catastrophic event. We ranked areas of the proposed critical 
habitat by the quality of the primary constituent elements (i.e., 
intact native plant communities, predominance of associated native 
plants versus nonnative plants), potential as a conservation area 
(e.g., whether the land is zoned for conservation; whether the 
landowner is already participating in plant conservation or recovery 
actions), and current or expected management of known threats (e.g., 
ungulate control; weed control; nonnative insect, slug, and snail 
control). We ranked as most essential those areas that contain high 
quality primary constituent elements, are zoned for conservation, and 
have ongoing or expected threat abatement actions. This ranking process 
also included determining which habitats were representative of the 
historic geographical and ecological distributions of the species (see 
``Primary Constituent Elements''). Areas that are zoned for 
conservation or have been identified as a State Forest Reserve, NAR, 
Wildlife Preserve, State Park, or are managed for conservation by a 
private landowner have a high likelihood of providing conservation 
benefit to the species and are therefore more essential than other 
comparable habitat outside of those types of areas. Of these essential 
areas, we selected adequate area to provide for 8 to 10 populations 
distributed among the islands of each species' historical range. Of the 
proposed critical habitat for a species, areas that provide habitat for 
populations above the recovery goal of 8 to 10 populations were 
determined not essential for the conservation of the species and were 
eliminated from the final designation.
    Within the critical habitat boundaries, section 7 consultation is 
generally necessary, and adverse modification could occur only if the 
primary constituent elements are affected. Therefore, not all 
activities within critical habitat would trigger an adverse 
modification conclusion. In selecting areas of designated critical 
habitat, 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 41 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 from the 
maps. Nevertheless, since manmade features and structures within the 
boundaries of the mapped unit do not contain the primary constituent 
elements, they are excluded by the terms of the final regulation such 
areas include: Buildings; roads; aqueducts and other water system 
features, including but not limited to, pumping stations, irrigation 
ditches, pipelines, siphons, tunnels, water tanks, gaging stations, 
intakes, reservoirs, diversions, flumes, and wells; existing trails; 
campgrounds and their immediate surrounding landscaped area; scenic 
lookouts; remote helicopter landing sites; existing fences; 
telecommunications towers and associated structures and equipment; 
electrical power transmission lines and distribution and communication 
facilities and regularly maintained associated rights-of-way and access 
ways; radars; telemetry antennas; missile launch sites; arboreta and 
gardens; heiau (indigenous places of worship or shrines) and other 
archaeological sites; airports; other paved areas; and lawns and other 
rural residential landscaped areas. Federal actions limited to those 
areas would not trigger a section 7 consultation unless they affect the 
species or primary constituent elements in adjacent critical habitat.
    In summary, for these species we utilized the approved recovery 
plan guidance to identify appropriately sized land units containing 
essential occupied and unoccupied habitat. Based on the best available 
information, we believe these areas constitute the essential habitat on 
the island of Hawaii to provide for the conservation of these 41 
species.
    The critical habitat areas described below constitute our best 
assessment of the physical and biological features needed for the 
conservation of the 41 plant species from the island of Hawaii and the 
special management needs of these species, and are based on the best 
scientific and commercial information available and described above. We 
publish this final rule acknowledging that we have incomplete 
information regarding many of the primary biological and physical 
requirements for these species. However, both the Act and the relevant 
court orders require us to proceed with designation at this time based 
on the best information available. As new information accrues, we may 
consider reevaluating the boundaries of areas that warrant critical 
habitat designation.
    The approximate areas of designated critical habitat by 
landownership or jurisdiction are shown in Table 3. The approximate 
final critical habitat area (ha (ac)), essential area, and excluded 
area are shown in Table 4.

Table 3.--Approximate Critical Habitat Designated Area by Unit and Landownership or Jurisdiction, Hawaii County,
                                                   Hawaii \1\
----------------------------------------------------------------------------------------------------------------
            Unit name                 State/local           Private             Federal              Total
----------------------------------------------------------------------------------------------------------------
Hawaii 9--Achyranthes mutica--a.  63 ha.............  ..................  ..................  63 ha
                                  (157 ac)..........                                          (157 ac)
Hawaii 9--Achyranthes mutica--b.  83 ha.............  41 ha.............  ..................  125 ha
                                  (205 ac)..........  (101 ac)..........                      (306 ac)
Hawaii 9--Achyranthes mutica--c.  67 ha.............  ..................  ..................  67 ha
                                  (166 ac)..........                                          (166 ac)
Hawaii 9--Achyranthes mutica--d.  58 ha.............  ..................  ..................  58 ha
                                  (143 ac)..........                                          (143 ac)
Hawaii 9--Achyranthes mutica--e.  74 ha.............  23 ha.............  ..................  96 ha
                                  (182 ac)..........  (56 ac)...........                      (238 ac)
Hawaii 9--Achyranthes mutica--f.  43 ha.............  ..................  ..................  43 ha
                                  (105 ac)..........                                          (105 ac)
Hawaii 9--Achyranthes mutica--g.  37 ha.............  ..................  ..................  37 ha
                                  (92 ac)...........                                          (92 ac)

[[Page 39663]]

 
Hawaii 9--Achyranthes mutica--h.  46 ha.............  5 ha..............  ..................  51 ha
                                  (115 ac)..........  (12 ac)...........                      (127 ac)
Hawaii 9--Achyranthes mutica--i.  <1 ha.............  30 ha.............  ..................  31 ha
                                  (1 ac)............  (75 ac)...........                      (76 ac)
Hawaii 9--Achyranthes mutica--j.  21 ha.............  12 ha.............  ..................  33 ha
                                  (52 ac)...........  (29 ac)...........                      (81 ac)
Hawaii 28--Adenophorus periens--  ..................  2,733 ha..........  ..................  2,733 ha
 a.                                                   (6,754 ac)........                      (6, 754 ac)
Hawaii 10--Argyroxiphium          349 ha............  ..................  ..................  349 ha
 kauense--a.                      (861 ac)..........                                          (861 ac)
Hawaii 24--Argyroxiphium          3,149 ha..........  4,646 ha..........  ..................  7,795 ha
 kauense--b.                      (7,780 ac)........  (11,481 ac).......                      (19,261, ac)
Hawaii 25--Argyroxiphium          ..................  ..................  2,006 ha..........  2,006 ha
 kauense--c.                                                              (4,957 ac)........  (4,957 ac)
Hawaii 30--Argyroxiphium          4,281 ha..........  ..................  ..................  4,281 ha
 kauense--d.                      (10,578 ac).......                                          (10,578 ac)
Hawaii 24--Asplenium fragile      907 ha............  ..................  ..................  907 ha
 var. insulate--a.                (2,241 ac)........                                          (2,241 ac)
Hawaii 10--Bonamia menziesii--a.  163 ha............  ..................  ..................  163 ha
                                  (402 ac)..........                                          (402 ac)
Hawaii 8--Clermontia              1,906 ha..........  ..................  ..................  1,906 ha
 drepanomorpha--a.                (4,709 ac)........                                          (4,709 ac)
Hawaii 1--Clermontia lindseyana-- ..................  ..................  1,377 ha..........  1,377 ha
 a.                                                                       (3,303 ac)........  (3,303 ac)
Hawaii 2--Clermontia lindseyana-- 371 ha............  ..................  891 ha............  1,262 ha
 b.                               (918 ac)..........                      (2,201 ac)........  (3,119 ac)
Hawaii 30--Clermontia             1,634 ha..........  ..................  ..................  1,634 ha
 lindseyana--c.                   (4,037 ac)........                                          (4,037 ac)
Hawaii 1--Clermontia peleana--a.  114 ha............  ..................  4,590 ha..........  4,704 ha
                                  (281 ac)..........                      (11,343 ac).......  (11,624 ac)
Hawaii 3--Clermontia peleana--b.  2,630 ha..........  ..................  1,468 ha..........  4,128 ha
                                  (6,498 ac)........                      (3,627 ac)........  (10,126 ac)
Hawaii 29--Clermontia peleana--c  6,830 ha..........  ..................  ..................  6,830 ha
                                  (16,914 ac).......                                          (16,914 ac)
Hawaii 1--Clermontia pyrularia--  ..................  ..................  1,378 ha..........  1,378 ha
 a.                                                                       (3,405 ac)........  (3,405 ac)
Hawaii 2--Clermontia pyrularia--  608 ha............  ..................  775 ha............  1,383 ha
 b.                               (1,502 ac)........                      (1,916 ac)........  (3,418 ac)
Hawaii 10--Colubrina              1,918 ha..........  ..................  ..................  1,918 ha
 oppositifolia--a.                (4,740 ac)........                                          (4,740 ac)
Hawaii 18--Colubrina              2,703 ha..........  <1 ha.............  ..................  2,703 ha
 oppositifolia--b.                (6,712 ac)........  (1 ac)............                      (6,713 ac)
Hawaii 11--Cyanea hamatiflora     92 ha.............  ..................  ..................  92 ha
 ssp. carlsonii--a.               (227 ac)..........                                          (227 ac)
Hawaii 14--Cyanea hamatiflora     ..................  ..................  597 ha............  597 ha
 ssp. carlsonii--b.                                                       (1,475 ac)........  (1,475 ac)
Hawaii 15--Cyanea hamatiflora     741 ha............  304 ha............  ..................  1,045 ha
 ssp. carlsonii--c.               (1,832 ac)........  (751 ac)..........                      (2,583 ac)
Hawaii 16--Cyanea hamatiflora     186 ha............  ..................  ..................  186 ha
 ssp. carlsonii--d.               (459 ac)..........                                          (459 ac)
Hawaii 3--Cyanea platyphylia--a.  1,403 ha..........  ..................  ..................  1,403 ha
                                  (3,467 ac)........                                          (3,467 ac)
Hawaii 29--Cyanea platyphylia--b  1,122 ha..........  402 ha............  ..................  1,524 ha
                                  (2,773 ac)........  (994 ac)..........                      (3,767 ac)
Hawaii 1--Cyanea shipmanii--a...  ..................  ..................  1,557 ha..........  1,557 ha
                                                                          (3,898 ac)........  (3,898 ac)
Hawaii 30--Cyanea shipmanii--b..  62 ha.............  ..................  ..................  62 ha
                                  (152 ac)..........                                          (152 ac)
Hawaii 30--Cyanea shipmanii--c..  825 ha............  ..................  ..................  825 ha
                                  (2,038 ac)........                                          (2,038 ac)
Hawaii 15--Cyanea stictophylla--  500 ha............  185 ha............  ..................  685 ha
 a.                               (1,235 ac)........  (457 ac)..........                      (1,693 ac)
Hawaii 16--Cyanea stictophylla--  327 ha............  ..................  ..................  327 ha
 b.                               (809 ac)..........                                          (809 ac)
Hawaii 24--Cyanea stictophylla--  584 ha............  ..................  ..................  584 ha
 c.                               (1,443 ac)........                                          (1,443 ac)
Hawaii 30--Cyanea stictophylla--  632 ha............  ..................  ..................  632 ha
 d.                               (91,539 ac).......                                          (91,539 ac)
Hawaii 3--Cytandra giffardii--a.  1,510 ha..........  ..................  ..................  1,510 ha
                                  (3,731 ac)........                                          (3,731 ac)

[[Page 39664]]

 
Hawaii 29--Cytandra giffardii--b  938 ha............  ..................  ..................  938 ha
                                  (2,319 ac)........                                          (2,319 ac)
Hawaii 30--Cytandra giffardii--c  2,673 ha..........  ..................  1,198 ha..........  3,872 ha
                                  (6,606 ac)........                      (2,961 ac)........  (9,567 ac)
Hawaii 3--Cytandra tintinnabula-- 2,322 ha..........  ..................  ..................  2,322 ha
 a.                               (5,738 ac)........                                          (5.738 ac)
Hawaii 29--Cytandra               378 ha............  ..................  ..................  378 ha
 tintinnabula--b.                 (934 ac)..........                                          (934 ac)
Hawaii 10--Delissea undulata--a.  93 ha.............  ..................  ..................  93 ha
                                  (227 ac)..........                                          (227 ac)
Hawaii 10--Delissea undulata--b.  379 ha............  ..................  ..................  379 ha
                                  (938 ac)..........                                          (938 ac)
Hawaii 17--Diellia erecta--a....  327 ha............  2 ha..............  ..................  329 ha
                                  (808 ac)..........  (6 ac)............                      (814 ac)
Hawaii 18--Diellia erecta--b....  1,615 ha..........  ..................  ..................  1,615 ha
                                  (3,992 ac)........                                          (3,992 ac)
Hawaii 17--Flueggea neowawraea--  324 ha............  2 ha..............  ..................  327 ha
 a.                               (801 ac)..........  (6 ac)............                      (807 ac)
Hawaii 18--Flueggea neowawraea--  1,148 ha..........  <1 ha.............  ..................  1,148 ha
 b.                               (2,837 ac)........  (1 ac)............                      (2,838 ac)
Hawaii 18--Gouania vitifolia--a.  1,785 ha..........  ..................  ..................  1,785 ha
                                  (4,412 ac)........                                          (4,412 ac)
Hawaii 26--Hibiscadelphus         ..................  ..................  149 ha............  149 ha
 giffardianus--a.                                                         (367 ac)..........  (367 ac)
Hawaii 10--Hibiscadelphus         3,979 ha..........  ..................  ..................  3,979 ha
 hualalaiensis--a.                (9,832 ac)........                                          (9,832 ac)
Hawaii 10--Hibiscus               196 ha............  ..................  ..................  196 ha
 brackenridgei--a.                (485 ac)..........                                          (485 ac)
Hawaii 21--Ischaemum byrone--a..  ..................  ..................  206 ha............  206 ha
                                                                          (510 ac)..........  (510 ac)
Hawaii 22--Ischaemum byrone--b..  ..................  ..................  159 ha............  159 ha
                                                                          (393 ac)..........  (393 ac)
Hawaii 4--Isodendrion hosakae--a  ..................  49 ha.............  ..................  49 ha
                                                      (121 ac)..........                      (121 ac)
Hawaii 4--Isodendrion hosakae--b  ..................  35 ha.............  ..................  35 ha
                                                      (87 ac)...........                      (87 ac)
Hawaii 4--Isodendrion hosakae--c  ..................  49 ha.............  ..................  49 ha
                                                      (121 ac)..........                      (121 ac)
Hawaii 4--Isodendrion hosakae--d  ..................  49 ha.............  ..................  49 ha
                                                      (121 ac)..........                      (121 ac)
Hawaii 4--Isodendrion hosakae--e  ..................  11 ha.............  ..................  11 ha
                                                      (26 ac)...........                      (26 ac)
Hawaii 4--Isodendrion hosakae--f  ..................  51 ha.............  ..................  51 ha
                                                      (127 ac)..........                      (127 ac)
Hawaii 19--Mariscus fauriei--a..  127 ha............  ..................  ..................  127 ha
                                  (313 ac)..........                                          (313 ac)
Hawaii 24--Melicope               434 ha............  ..................  ..................  434 ha
 zahlbruckneri--a.                (1,072 ac)........                                          (1,072 ac)
Hawaii 26--Melicope               ..................  ..................  495 ha............  495 ha
 zahlbruckneri--b.                                                        (1,224 ac)........  (1,224 ac)
Hawaii 10--Neraudia ovata--a....  1,859 ha..........  ..................  ..................  1,859 ha
                                  (4,493 ac)........                                          (4,493 ac)
Hawaii 18--Neraudia ovata--d....  1,134 ha..........  ..................  ..................  1,134 ha
                                  (2,801 ac)........                                          (2,801 ac)
Hawaii 5--Nothocestrum            382 ha............  21 ha.............  ..................  403 ha
 breviflorum--a.                  (944 ac)..........  (51 ac)...........                      (995 ac)
Hawaii 6--Nothocestrum            1,113 ha..........  ..................  ..................  1,113 ha
 breviflorum--b.                  (2,749 ac)........                                          (2,749 ac)
Hawaii 10--Nothocestrum           3,627 ha..........  ..................  ..................  3,627 ha
 breviflorum--c.                  (8,964 ac)........                                          (8,964 ac)
Hawaii 1--Phyllostegia racemosa-- ..................  ..................  938 ha............  938 ha
 a.                                                                       (2,317 ac)........  (2,317 ac)
Hawaii 2--Phyllostegia racemosa-- 465 ha............  ..................  1,218 ha..........  1,683 ha
 b.                               (1,148 ac)........                      (3,010 ac)........  (4,158 ac)
Hawaii 30--Phyllostegia           267 ha............  ..................  ..................  267 ha
 racemosa--c.                     (659 ac)..........                                          (659 ac)
Hawaii 24--Phyllostegia           2,466 ha..........  ..................  ..................  2,466 ha
 velutina--a.                     (6,093 ac)........                                          (6,093 ac)
Hawaii 30--Phyllostegia           1,180 ha..........  ..................  ..................  1,180 ha
 velutina--b.                     (2,916 ac)........                                          (2,916 ac)

[[Page 39665]]

 
Hawaii 3--Phyllostegia            2,248 ha..........  223 ha............  ..................  2,471 ha
 warshaueri--a.                   (5,555 ac)........  (550 ac)..........                      (6,105 ac)
Hawaii 8--Phyllostegia            1,177 ha..........  ..................  ..................  1,177 ha
 warshaueri--b.                   (2,908 ac)........                                          (2,908 ac)
Hawaii 24--Plantago hawaiensis--  1,348 ha..........  ..................  ..................  1,348 ha
 a.                               (3,330 ac)........                                          (3,330 ac)
Hawaii 25--Plantago hawaiensis--  ..................  ..................  1,522 ha..........  1,522 ha
 b.                                                                       (3,761 ac)........  (3,761 ac)
Hawaii 30--Plantago hawaiensis--  1,219 ha..........  ..................  ..................  1,219 ha
 c.                               (3,012 ac)........                                          (3,012 ac)
Hawaii 7--Pleomele hawaiiensis--  499 ha............  178 ha............  ..................  677 ha
 a.                               (1,233 ac)........  (440 ac)..........                      (1,673 ac)
Hawaii 10--Pleomele hawaiiensis-- 1,339 ha..........  <1 ha.............  ..................  1,339 ha
 b.                               (3,306 ac)........  (<1 ac)...........                      (3,306 ac)
Hawaii 18--Pleomele hawaiiensis-- 1,997 ha..........  <1 ha.............  ..................  1,997 ha
 c.                               (4,933 ac)........  (1 ac)............                      (4,934)
Hawaii 23--Pleomele hawaiensis--  ..................  ..................  8,943 ha..........  8,943 ha
 d.                                                                       (22,097 ac).......  (22,097 ac)
Hawaii 27--Portulaca              ..................  ..................  4,390 ha..........  4,390 ha
 sclerocarpa--a.                                                          (10,848 ac).......  (10,848 ac)
Hawaii 20--Sesbania tomentosa--a  ..................  ..................  486 ha............  486 ha
                                                                          (1,201 ac)........  (1,201 ac)
Hawaii 23--Sesbania tomentosa--b  ..................  ..................  803 ha............  803 ha
                                                                          (1,984 ac)........  (1,984 ac)
Hawaii 30--Sicyos alba--a.......  2,776 ha..........  ..................  3,490 ha..........  6,266 ha
                                  (6,860 ac)........                      (8,623 ac)........  (15,483 ac)
Hawaii 25--Silene hawaiiensis--a  ..................  ..................  854 ha............  854 ha
                                                                          (2,110 ac)........  (2,110 ac)
Hawaii 27--Silene hawaiiensis--b  ..................  ..................  1,942 ha..........  1,942 ha
                                                                          (4,798 ac)........  (4,798 ac)
Hawaii 10--Solanum incompletum--  704 ha............  1 ha..............  ..................  705 ha
 a.                               (1,738 ac)........  (3 ac)............                      (1,741 ac)
Hawaii 11--Solanum incompletum--  57 ha.............  ..................  ..................  57 ha
 b.                               (141 ac)..........                                          (141 ac)
Hawaii 4--Vigna o-wahuensis--a..  ..................  49 ha.............  ..................  49 ha
                                                      (121 ac)..........                      (121 ac)
Hawaii 4--Vigna o-wahuensis--b..  ..................  35 ha.............  ..................  35 ha
                                                      (87 ac)...........                      (87 ac)
Hawaii 4--Vigna o-wahuensis--c..  ..................  51 ha.............  ..................  51 ha
                                                      (127 ac)..........                      (127 ac)
Hawaii 10--Zanthoxylum dipetalum  1,685 ha..........  ..................  ..................  1,685 ha
 ssp. tomentosum--a.              (4,164 ac)........                                          (4,164 ac)
    Total *.....................  46,109 ha.........  6,482 ha..........  31,600 ha.........  84,200 ha \1\
                                  (114,356 ac)......  (16,025 ac).......  (78,085 ac).......  (208,063 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or
  differences due to rounding.
* Total take into consideration overlapping individual species units.


 Table 4.--Approximate Final Critical Habitat Area (ha (ac)), Essential
                         Area, and Excluded Area
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Area considered essential..............  118,444 ha
                                         (292,679 ac)
Area not included because of special     19,239 ha
 management or protection (Pohakuloa     (47,540 ac)
 Training Area).
Area excluded under 4(b)(2) (Kamehameha  5,860 ha
 Schools, Queen Liliuokalani Trust, TSA/ (14,478 ac)
 MID, State).
Final Critical Habitat.................  109,299 ha
                                         (270,083 ac)
------------------------------------------------------------------------

    Lands designated as critical habitat for the 41 species on the 
island of Hawaii have been divided into a total of 105 units. A brief 
description of each unit is presented below.

Descriptions of Critical Habitat Units

Hawaii 9--Achyranthes mutica--a through Hawaii 9--Achyranthes mutica--j
    We are designating 10 critical habitat units for Achyranthes 
mutica, a short-lived perennial. Only unit ``Hawaii 9--Achyranthes 
mutica--b'' currently supports an extant colony of this species. This 
unit contains the physical and biological features essential to the 
conservation of the species. It supports an extant colony and includes 
habitat that is important for the expansion of the present population. 
The remaining nine unoccupied units are essential to the conservation 
of the species because they support habitat that is necessary for the 
establishment of additional populations in order to reach established 
conservation goals. Each of the 10 units provides habitat for 1 
population of 300 mature, reproducing individuals of A. mutica. The 
habitat features contained in these units that are essential for this 
species include, but are not limited to, lowland dry forest, primarily 
in gulches but also in remnant stands of forest. Each unit is 
geographically separated from other critical habitat for this multi-
island species in order to reduce the likelihood of all recovery 
populations on the island being destroyed by one naturally occurring 
catastrophic event. Although this species is historically known from

[[Page 39666]]

Kauai, critical habitat was not designated for A. mutica on that 
island. Ten critical habitat units for this species are designated on 
the island of Hawaii, providing habitat for a total of 10 populations.
    Hawaii 9--Achyranthes mutica--a: This unit contains a portion of 
Waipahoehoe Gulch in the Kawaihae watershed.
    Hawaii 9--Achyranthes mutica--b: This unit contains a portion of 
Keauewai Stream and Kilohana Gulch in the Kawaihae watershed, and is 
currently occupied by 25 to 50 individuals.
    Hawaii 9--Achyranthes mutica--c: This unit contains a portion of an 
unnamed gulch adjacent to Puu Loa in the Kawaihae watershed.
    Hawaii 9--Achyranthes mutica--d: This unit contains a portion of an 
unnamed gulch between Hawaii 9--Achyranthes mutica--c and Lauhine Gulch 
in the Kawaihae watershed.
    Hawaii 9--Achyranthes mutica--e: This unit contains a portion of 
Lauhine Gulch and a gulch just east of Lauhine Gulch and west of Puu 
Kawaiwai in the Kawaihae watershed.
    Hawaii 9--Achyranthes mutica--f: This unit contains a portion of 
Umipoho Gulch in the Kawaihae watershed.
    Hawaii 9--Achyranthes mutica--g: This unit contains a portion of 
Pauahi Gulch, straddling the Kawaihae and the Waikoloa/Waiulaula 
watersheds.
    Hawaii 9--Achyranthes mutica--h: This unit contains a portion of 
Momoualoa Gulch in the Waikoloa/Waiulaula watershed.
    Hawaii 9--Achyranthes mutica--i: This unit contains a portion of an 
unnamed gulch between Puu Kamoa and Puu Lanikepu in the Waikoloa/
Waiulaula watershed.
    Hawaii 9--Achyranthes mutica--j: This unit contains a portion of 
Waiaka Gulch in the Waikoloa/Waiulaula watershed. This unit provides 
the easternmost critical habitat within the species' historical range.
Hawaii 28--Adenophorus periens--a
    We are designating one critical habitat unit for Adenophorus 
periens, short-lived perennial. This unit straddles the Kaahakini and 
Kilauea watersheds, and lies completely within the Kahaulea NAR. The 
unit provides habitat for 1 population of 300 mature, reproducing 
individuals of A. periens, and is currently occupied by an unknown 
number of individuals. It contains habitat features essential for the 
conservation of the species including, but not limited to, Metrosideros 
polymorpha or Ilex anomala, or possibly other native trees large enough 
to support epiphytic growth of this species, in Metrosideros 
polymorpha-Cibotium glaucum lowland wet forest. This unit is essential 
to the conservation of A. periens because it supports an extant colony 
of this species and includes habitat that is important for the 
expansion of the present population. This unit is geographically 
separated from other critical habitat for this multi-island species in 
order to reduce the likelihood of all recovery populations being 
destroyed by one naturally occurring catastrophic event. In addition to 
this unit, critical habitat was designated for four populations A. 
periens within its historical range on Kauai (68 FR 9116, February 27, 
2003), for one population on Oahu (68 FR 35949, June 17, 2003), and 
four populations on Molokai (68 FR 12982, March 19, 2003).
Hawaii 10--Argyroxiphium kauense--a through Hawaii 30--Argyroxiphium 
kauense--d
    We are designating four critical habitat units for Argyroxiphium 
kauense, a long-lived perennial. Of the four units, only ``Hawaii 10--
Argyroxiphium kauense--a'' is currently unoccupied by the species. The 
habitat features contained in these four units that are essential for 
this species include, but are not limited to, subalpine forests, bogs, 
and mountain parkland. The three occupied units contain the habitat 
features essential to the conservation of A. kauense and each supports 
at least one extant colony of the species and includes habitat that is 
important for the expansion of present populations, which are currently 
considered nonviable. The unoccupied unit is essential to the 
conservation of the species because it supports habitat that is 
necessary for the establishment of additional populations in order to 
reach recovery goals. Each unit is geographically separated from other 
critical habitat for this island-endemic species in order to reduce the 
likelihood of all recovery populations on the island being destroyed by 
one naturally occurring catastrophic event. The four units being 
designated in this rule for A. kauense provide habitat to support a 
total of eight populations.
    Hawaii 10--Argyroxiphium kauense--a: This unit, which contains no 
named natural features, lies in the Kiholo watershed and is completely 
within the Puuwaawaa Wildlife Sanctuary. This unoccupied unit, in 
combination with adjacent Kamehameha Schools land, provides habitat for 
one population of 2,000 individuals. This unit provides the 
northwesternmost critical habitat within the species' historical range.
    Hawaii 24--Argyroxiphium kauense--b: This unit contains the upper 
portions of Hionamoa, Kauhuula, Moaula, Pikea, and Waihaka gulches, 
Makaka Ravine, Puu Kinikini summit, and Maunaanu Waterhole. The 
southern portion lies in the Hilea watershed, the northern portion in 
Kapapala watershed, and the central portion in the Pahala watershed. 
The northeast portion is in the Kapapala Forest Reserve. This unit 
provides habitat for four populations of 2,000 individuals and is 
currently occupied by about 1,130 individuals of A. kauense in three 
locations. This unit provides the southernmost critical habitat within 
the species' historical range.
    Hawaii 25--Argyroxiphium kauense--c: This unit contains a portion 
of Kipuka Kulalio and Kipuka Maunaiu in the Kapapala watershed. This 
unit provides habitat for one population of 2,000 individuals and 
currently is occupied by about 1,000 outplanted individuals of A. 
kauense.
    Hawaii 30--Argyroxiphium kauense--d: This unit contains portions of 
the lava flows of 1852 and 1942 and lies mostly in the Wailoa 
watershed, with the southern tip in the Kaahakini watershed. The upper 
area of the unit lies in portions of Upper Waiakea Forest Reserve and 
Mauna Loa Forest Reserve. The southern portion is part of the Olaa-
Kilauea Partnership. This unit provides habitat for two populations of 
2,000 individuals of A. kauense and is currently occupied by fewer than 
500 individuals. This unit provides the easternmost critical habitat 
within the species' historical range.
Hawaii 24--Asplenium fragile var. insulare--a
    We are designating one critical habitat unit for Asplenium fragile 
var. insulare, a short-lived perennial, The unit contains no named 
natural features and lies in the Pahala watershed, mostly in Kapapala 
Forest Reserve, with the southern point in Kau Forest Reserve. This 
unit provides habitat for 1 population of 300 mature, reproducing 
individuals of A. fragile var. insulare and is currently occupied by 11 
individuals. It contains habitat features essential for this species 
including, but not limited to, Metrosideros polymorpha dry montane 
forest, Dodonaea viscosa dry montane shrubland, Myoporum sandwicense-
Sophora chrysophylla dry montane forest, and Metrosideros polymorpha-
Acacia koa forest, as well as subalpine dry forest and shrubland. This 
species grows almost exclusively in large, moist lava tubes (from 3 to 
4.5

[[Page 39667]]

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. This unit is essential to the conservation of A. 
fragile var. insulare because it supports an extant colony of this 
species and includes habitat that is important for the expansion of the 
present population, which is currently considered nonviable. This unit 
provides the southernmost critical habitat within the species' 
historical range. This unit is geographically separated from other 
critical habitat for this multi-island species in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. Habitat for another 7 populations is in 
the PTA on this island that we are excluding from designation (see 
``Analysis of Impacts Under 4(b)(2)''). We previously designated 
critical habitat for this species within its historical range for two 
populations on Maui (68 FR 25934, May 14. 2003).
Hawaii 10--Bonamia menziesii--a
    We are designating one critical habitat unit for B. menziesii, a 
short-lived perennial. This unit contains no named natural features and 
lies completely within the Kiholo watershed just above the highway. 
This unit, in combination with Kamehameha Schools land adjacent to the 
unit, provides habitat for 1 population of 300 mature, reproducing 
individuals of B. menziesii and is currently unoccupied (although the 
adjacent, excluded Kamehameha Schools land is occupied by 6 to 8 
individuals) (see ``Analysis of Impacts Under 4(b)(2)''). This unit is 
essential to the conservation of B. menziesii because it is adjacent to 
excluded land that supports an extant colony of this species and 
includes habitat that is important for the expansion of that 
population. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, dry forest. 
It unit provides the southeasternmost critical habitat within the 
species' historical range and is geographically separated from other 
critical habitat for this multi-island species in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. We previously designated critical habitat 
for two populations of B. menziesii within its historical range on 
Kauai (68 FR 9116, February 27, 2003), for four populations on Oahu (68 
FR 35949, June 17, 2003), and for one population on Maui (68 FR 25934, 
May 14, 2003). Habitat for one population is in the lands we excluded 
from designation as critical habitat on Lanai (68 FR 1220, January 9, 
2003).
Hawaii 8--Clermontia drepanomorpha--a
    We are designating one critical habitat unit for Clermontia 
drepanomorpha, a short-lived perennial. This unit contains part of the 
Kohala Mountains, Opaeloa summit, Puu O Umi, and Puu Pohoulaula. The 
western portion of the unit is in the Honokane Nui watershed, the 
eastern portion is in the Wailoa/Waipio watershed, and the southern 
portion in the Waikoloa/Waiulaula watershed. The northern portion 
contains the upper reaches of the Honopue, Nakooko, Ohiahuea, Waikaloa, 
and Waimanu watersheds. The unit lies completely within the Kohala 
Forest Reserve. This unit provides habitat for 6 populations of 300 
mature, reproducing individuals of C. drepanomorpha; and is currently 
occupied by about 200 individuals. It contains habitat features that 
are essential for this species including, but not limited to, montane 
wet forests dominated by Metrosideros polymorpha, Cheirodendron 
trigynum, and Cibotium glaucum. This unit is essential to the 
conservation of C. drepanomorpha because it supports an extant colony 
of this species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable. Although we do not believe enough habitat currently exists 
to reach the recovery goal of 8 to 10 populations for this island-
endemic species, this unit is of an appropriate size such that each of 
the 6 potential recovery populations within the unit is geographically 
separated to a sufficient extent to be likely to avoid destruction of 
all of the populations by one naturally occurring catastrophic event.
Hawaii 1--Clermontia lindseyana--a through Hawaii 30--Clermontia 
lindseyana--c
    We are designating three units of critical habitat for Clermontia 
lindseyana, a short-lived perennial. All three units currently are 
occupied. They contain habitat features that are essential for this 
species including, but not limited to, slightly open forest cover in 
wet and mesic Metrosideros polymorpha-Acacia koa forest, M. polymorpha 
forest, and mixed montane mesic M. polymorpha-Acacia koa forest. Each 
unit is essential to the conservation of C. lindseyana because it 
supports an extant colony of this species and includes habitat that is 
important for the expansion of the present population, which is 
currently considered nonviable. Each unit is geographically separated 
from other critical habitat for this multi-island species in order to 
reduce the likelihood of all recovery populations on this and other 
islands being destroyed by one naturally occurring catastrophic event. 
We previously designated critical habitat to support two populations of 
C. lindseyana within its historical range on Maui (67 FR 25934, May 14, 
2003). In this rule, we are designating habitat for a total of eight 
populations, each with 300 mature, reproducing individuals of C. 
lindseyana.
    Hawaii 1--Clermontia lindseyana--a: This unit contains the upper 
portions of the Awehi, Hakalau, Honolili, and Kapue streams, and is in 
the Honolii, Kapue, Kolekole, and Wailuku watersheds. The unit, which 
lies completely within the Hakalau Unit of Hakalau Forest NWR; and 
provides habitat for 2 populations of 300 individuals of C. lindseyana; 
and is currently occupied by about 8 individuals. This unit provides 
the easternmost critical habitat within the species' historical range.
    Hawaii 2--Clermontia lindseyana--b: This unit contains a portion of 
Nauhi Gulch, and the northern portion is in the Haakoa watershed, the 
southern portion in Umauma watershed, and the central portion in 
Waikaumalo watershed. The northern and southern portions of this unit 
lie partly in the Hakalau Forest NWR, and the central portion lies in 
the Hilo Forest Reserve. The unit provides habitat for 2 populations of 
300 individuals of C. lindseyana and is currently occupied by 5 
individuals.
    Hawaii 30--Clermontia lindseyana--c: This unit, which contains no 
named natural features, lies just northeast of Puu Kipu. The northern 
portion of this unit lies in the Wailoa watershed and the southern 
portion is in the Kaahakini watershed. This unit is mostly within Olaa-
Kilauea Partnership lands with a small portion of the northeast section 
lying in the upper Waiakea Forest Reserve. The unit provides habitat 
for 4 populations of 300 individuals of C. lindseyana and is currently 
occupied by 9 individuals. This unit provides the southernmost critical 
habitat within the species' historical range.
Hawaii 1--Clermontia peleana--a through Hawaii 29--Clermontia peleana--
c
    We are designating three units of critical habitat for Clermontia 
peleana, a short-lived perennial. One unit, ``Hawaii 1--Clermontia 
peleana--a,'' that currently is unoccupied is essential to the 
conservation of the species

[[Page 39668]]

because it supports habitat that is necessary for the establishment of 
additional populations in order to reach recovery goals. Each of the 
two occupied units is essential to the conservation of C. peleana 
because each supports an extant colony of this species and includes 
habitat that is important for the expansion of the present population, 
which is currently considered nonviable. They contain habitat features 
that are essential for this species including, but not limited to, 
montane wet Metrosideros-Cibotium forest. Each unit is geographically 
separated from other critical habitat for this multi-island species in 
order to reduce the likelihood of all recovery populations on the 
island being destroyed by one naturally occurring catastrophic event. 
C. peleana is historically known from Maui, but no critical habitat was 
designated for it on that island (68 FR 25934, May 14, 2003). The 
critical habitat we are designating in this rule provides for a total 
of 10 populations, each with 300 mature, reproducing individuals.
    Hawaii 1--Clermontia peleana--a: This unit contains a portion of 
Honohina and Nauhi gulches, and Hakalau, Kapue, and Kolekole streams. 
The unit is bordered on the north by the Nanue watershed and on the 
south by the Honolii and Pahoehoe watersheds. It also contains portions 
of the Kapue, Kolekole, and Umauma watersheds. This unit lies mostly 
within Hakalau Forest NWR and is intersected by a small section of the 
Hilo Forest Reserve. This unit provides habitat for 3 populations of 
300 individuals of C. peleana and is currently unoccupied.
    Hawaii 3--Clermontia peleana--b: This unit contains a portion of 
Kaiwilalilahi, Haakoa, and Waikaumalo streams and is bordered on the 
northwest by the Kaawalii and Laupahoehoe watersheds, in the south by 
the Waikaumalo watershed, and contains portions of the Haakoa, 
Kaiwilahilahi, Kilau, Manowaiopae, Maulua, Ninole, Pahale, and 
Pohakupuka watersheds. This unit lies partly, in the northwest portion, 
in the Hilo Forest Reserve; in the central portion in Laupahoehoe NAR; 
and in the southern portion in the Hakalau Forest NWR. The unit 
provides habitat for 3 populations of 300 individuals of C. peleana and 
is currently occupied by 1 individual.
    Hawaii 29--Clermontia peleana--c: This unit contains a portion of 
Waipahoehoe Gulch and a portion of the lava flows of 1881 and 1852, and 
the northern portion is in the Wailuku watershed, while the southern 
portion in the Wailoa watershed. The unit contains about half of the 
Waiakea 1942 Lava Flow NAR, the main part of the unit lying, in the 
south, in the Upper Waiakea Forest Reserve and in the north in the Hilo 
Forest Reserve. This unit provides habitat for 4 populations of 300 
individuals of C. lindseyana and is currently occupied by 3 
individuals.
Hawaii 1--Clermontia pyrularia--a and Hawaii 2--Clermontia pyrularia--b
    We are designating two units of critical habitat for Clermontia 
pyrularia, a short-lived perennial. One of the units, ``Hawaii 2--
Clermontia pyrularia--b,'' is currently occupied. The two units provide 
habitat for combined total of six populations, each with 300 mature, 
reproducing individuals. The units are geographically separated. 
Although we do not believe enough habitat currently exists to reach the 
recovery goal of 8 to 10 populations for this island-endemic species, 
the two units are of an appropriate size so that each potential 
recovery population within the unit is geographically separated enough 
to be likely to avoid both units being destroyed by one naturally 
occurring catastrophic event.
    Hawaii 1--Clermontia pyrularia--a: This unit contains Kaloaloa 
summit and portions of Hakalau, Honolii, and Kapue streams. It is 
bordered in the north by Kolekole watershed and in the south by Wailuku 
watershed, and it contains portions of the Kapue and Honolii 
watersheds. The unit lies completely within Hakalau Forest NWR; 
provides habitat for 3 populations of 300 individuals; and is currently 
unoccupied. This unit is essential to the conservation of the species 
because it supports habitat that is necessary for the establishment of 
additional populations in order to reach recovery goals. It contains 
habitat features that are essential for this species including, but not 
limited to, wet and mesic montane forest dominated by Acacia koa or 
Metrosideros polymorpha, and subalpine dry forest dominated by 
Metrosideros polymorpha.
    Hawaii 2--Clermontia pyrularia--b: This unit contains a portion of 
Nauhi Gulch and is bordered in the north by Kaawalii watershed; and in 
the south by Umauma watershed. It also contains portions of Haakoa, 
Kaiwilahilahi, and Waikaumalo watersheds. The unit lies partly in the 
Hilo Forest Reserve in the north and south-central portion of the unit 
and in Hakalau Forest NWR in the south and north-central portion of the 
unit. This unit provides habitat for 3 populations of 300 individuals 
of C. pyrularia and is currently occupied by 4 individuals. It contains 
habitat features that are essential for this species include, but not 
limited to, montane wet Metrosideros-Cibotium forest. This unit is 
essential to the conservation of C. pyrularia because it supports an 
extant colony of this species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered nonviable.
Hawaii 10--Colubrina oppositifolia--a and Hawaii 18--Colubrina 
oppositifolia--b
    We are designating two units of critical habitat for Colubrina 
oppositifolia, a long-lived perennial. Each unit is currently occupied, 
and each provides habitat to support two populations with 100 mature, 
reproducing individuals of C. oppositifolia. They contain habitat 
features that are essential for this species include, but not limited 
to, lowland dry and mesic forests dominated by Diospyros sandwicensis 
or Metrosideros polymorpha. Each units is essential to the conservation 
of C. oppositifolia because it supports an extant colony of this 
species and includes habitat that is important for the expansion of the 
present population (the present population within ``Hawaii 18--
Colubrina oppositifolia--b'' is currently considered nonviable). The 
units are geographically separated from other critical habitat for this 
multi-island species in order to reduce the likelihood of all recovery 
populations being destroyed by one naturally occurring catastrophic 
event. We have designated critical habitat for for three populations of 
C. oppositifolia within its historical range on Oahu (68 FR 35949, June 
17, 2003) and for three populations on Maui (67 FR 25934, May 14, 
2003), and in this rule the units we are designating provide habitat 
for a total of four populations on the island of Hawaii.
    Hawaii 10--Colubrina oppositifolia--a: This unit contains no named 
natural features and lies completely within the Kiholo watershed. It is 
currently occupied by several hundred individuals of C. oppositifolia.
    Hawaii 18--Colubrina oppositifolia--b: This unit contains no named 
natural features and lies almost completely within the Kauna watershed, 
with a small portion lying in the Kiilae watershed on the southwestern 
side of the unit. This unit is currently occupied by 10 to 50 
individuals, and is currently considered nonviable. This unit provides 
the southernmost critical habitat within the species' historical range.

[[Page 39669]]

Hawaii 11--Cyanea hamatiflora ssp. carlsonii--a through Hawaii 16--
Cyanea hamatiflora ssp. carlsonii--d
    We are designating four units of critical habitat for Cyanea 
hamatiflora ssp. carlsonii, a short-lived perennial. They contain 
habitat features that are essential for this species including, but not 
limited to, mesic montane forest dominated by Metrosideros polymorpha 
or Acacia koa. Two of the units, ``Hawaii 11--Cyanea hamatiflora ssp. 
carlsonii--a'' and ``Hawaii 16--Cyanea hamatiflora ssp. carlsonii--d'' 
currently are occupied. These two units are each essential to the 
conservation of C. hamatiflora ssp. carlsonii because each supports an 
extant colony of this species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered nonviable. Each of the two currently unoccupied units is 
essential to the conservation of the species because each supports 
habitat that is necessary for the establishment of additional 
populations in order to reach recovery goals. The four critical habitat 
units are geographically separated in order to avoid destruction of 
habitat for all populations by one naturally occurring catastrophic 
event. The designation of these four units provides habitat for a total 
of eight populations of C. hamatiflora ssp. carlsonii, each with 300 
mature, reproducing individuals.
    Hawaii 11--Cyanea hamatiflora ssp. carlsonii--a: This unit contains 
no named natural features and lies completely within the Waiaha 
watershed. The unit, which is completely within the Honuaula Forest 
Reserve, provides habitat for 1 population of 300 individuals and is 
currently occupied by about 14 individuals. This unit provides the 
northernmost critical habitat within the species' historical range.
    Hawaii 14--Cyanea hamatiflora ssp. carlsonii--b: This unit contains 
no named natural features and lies completely within the Kiilae 
watershed. The unit, which is completely within the Kona Unit of 
Hakalau Forest NWR, provides habitat for 2 populations of 300 
individuals and is currently unoccupied.
    Hawaii 15--Cyanea hamatiflora ssp. carlsonii--c: This unit contains 
no named natural features, lies completely within the Kiilae watershed, 
and contains portions of the South Kona Forest Reserve. The unit 
provides habitat for 4 populations of 300 individuals and is currently 
unoccupied.
    Hawaii 16--Cyanea hamatiflora ssp. carlsonii--d: This unit contains 
no named natural features, it lies completely within the Kiilae 
watershed, and is completely within Kipahoehoe NAR. The unit provides 
habitat for 1 population of 300 individuals is currently occupied by 1 
individual. This unit provides the southernmost critical habitat within 
the species' historical range.
Hawaii 3--Cyanea platyphylla--a and Hawaii 29--Cyanea platyphylla--b
    We are designating two critical habitat units for Cyanea 
platyphylla, a short-lived perennial. Both units are currently 
occupied. They contain habitat features that are essential for this 
species including, but not limited to, open Metrosideros polymorpha-
Acacia koa lowland and montane wet forests. Each unit is essential to 
the conservation of C. platyphylla because it supports an extant colony 
of this island-endemic species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered nonviable. This units are geographically separated to avoid 
their destruction by one naturally occurring catastrophic event. This 
rule designates critical habitat for a total of nine populations of 
this species, each with 300 mature, reproducing individuals.
    Hawaii 3--Cyanea platyphylla--a: This unit contains a portion of 
Haakoa, Kaiwilahilahi, and Kilau streams and is bordered in the 
northwest by Laupahoehoe watershed and in the southeast by Maulua 
watershed. It also contains portions of Haakoa, Kaiwilahilahi, Kilau, 
Manowaiopae, and Pahale watersheds. The unit lies almost completely 
within Laupahoehoe NAR with a small portion in the northwest in the 
Hilo Forest Reserve. This unit provides habitat for three populations 
of 300 individuals of C. platyphylla and is currently occupied by 57 
individuals.
    Hawaii 29--Cyanea platyphylla--b: This unit contains Waterhole 
Spring, a portion of the Wailuku River, and a branch of the 
Kalohewahewa Stream. It lies completely within the Wailuku watershed. 
The unit also lies almost completely within the Hilo Forest Reserve. 
This unit provides habitat for 6 populations of 300 individuals of C. 
platyphylla; and is currently occupied by 1 individual.
Hawaii 1--Cyanea shipmanii--a through Hawaii 30--Cyanea shipmanii--c
    We are designating three critical habitat units for Cyanea 
shipmanii, a short-lived perennial. Two of the units, ``Hawaii 1--
Cyanea shipmanii--a'' and ``Hawaii 30--Cyanea shipmanii--b,'' are 
currently occupied. Each of these two units is essential to the 
conservation of C. shipmanii because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population, which is currently considered nonviable. The 
unoccupied unit, ``Hawaii 30--Cyanea shipmanii--c,'' is essential to 
the conservation of the species because it supports habitat that is 
necessary for the establishment of additional populations in order to 
reach recovery goals. They contain habitat features that are essential 
for this species including, but not limited to, mesic forest dominated 
by Acacia koa-Metrosideros polymorpha. Although we do not believe 
enough habitat currently exists to reach the recovery goal of 8 to 10 
populations for this island-endemic species, the three units are 
geographically separated to reduce the likelihood of their destruction 
by one naturally occurring catastrophic event. Within the three units, 
habitat is provided for a total of seven populations, each with 300 
mature, reproducing individuals of C. shipmanii.
    Hawaii 1--Cyanea shipmanii--a: This unit contains Puu Akala and 
portions of Awehi, Honoliii, and Kapue streams. It is bordered by 
Kolekole watershed in the north and Wailuku in the south, with Honolii 
and Kapue watersheds in the central portion. The unit is completely 
within Hakalau Forest NWR; provides habitat for 3 populations of 300 
individuals of C. shipmanii; and is currently occupied by 1 individual.
    Hawaii 30--Cyanea shipmanii--b: This unit contains no named natural 
features, lies completely within the Wailoa watershed, and is 
completely within the Mauna Loa Forest Reserve. The unit provides 
habitat for 1 population of 300 individuals of C. shipmanii; and is 
currently occupied by 1 individual.
    Hawaii 30--Cyanea shipmanii--c: This unit, which contains no named 
natural features, lies almost completely within the Wailoa watershed 
with a small segment of the southern portion lying in the Kaahakini 
watershed. The unit is completely within the Olaa-Kilauea Partnership. 
This unit provides habitat for 3 populations of 300 individuals of C. 
shipmanii; and is currently unoccupied.
Hawaii 15--Cyanea stictophylla--a through Hawaii 30--Cyanea 
stictophylla--d
    We are designating four units of critical habitat for Cyanea 
stictophylla, a short-lived perennial. Two of the units, ``Hawaii 15--
Cyanea stictophylla--a'' and ``Hawaii 16--

[[Page 39670]]

Cyanea stictophylla--b'' currently are occupied by individuals of this 
species. These two units are each essential to the conservation of C. 
stictophylla because each supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. Each of the two 
unoccupied units are essential to the conservation of the species 
because each supports habitat that is necessary for the establishment 
of additional populations in order to reach recovery goals. The four 
units contain habitat features that are essential for this species 
including, but not limited to, Acacia koa or wet Metrosideros 
polymorpha forests. Each unit is geographically separated from others 
on this island to reduce the likelihood of the destruction of all the 
units by one naturally occurring catastrophic event. Within the 4 units 
we are designating for C. stictophylla in this rule, habitat is 
provided for a total of 10 populations, each with 300 mature, 
reproducing individuals.
    Hawaii 15--Cyanea stictophylla--a: This unit contains no named 
natural features and lies completely within the Kiilae watershed. The 
unit is almost completely within the South Kona Forest Reserve. This 
unit provides habitat for 1 population of 300 individuals of C. 
stictophylla and is currently occupied by 1 individual.
    Hawaii 16--Cyanea stictophylla--b: This contains no named natural 
features and lies completely within the Kiilae watershed. The unit also 
lies completely within Kipahoehoe NAR. This unit provides habitat for 1 
population of 300 individuals of C. stictophylla and is currently 
occupied by 1 individual. This unit provides the southernmost critical 
habitat within the species' historical range.
    Hawaii 24--Cyanea stictophylla--c: This unit is just north of, but 
does not include, Uwewale Gulch, it lies completely within the Pahala 
watershed, and also lies completely within Kau Forest Reserve; provides 
habitat for 2 populations of 300 individuals of C. stictophylla; and is 
currently unoccupied.
    Hawaii 30--Cyanea stictophylla--d: This unit straddles the Kulani 
summit but otherwise has no named natural features, and it lies 
completely within the Kaahakini watershed. The unit also is completely 
within the Olaa-Kilauea Partnership lands; provides habitat for 6 
populations of 300 individuals of C. stictophylla; and is currently 
unoccupied.
Hawaii 3--Cyrtandra giffardii--a through Hawaii 30--Cyrtandra 
giffardii--c
    We are designating three critical habitat units for Cyrtandra 
giffardii, a short-lived perennial. Two of the units, ``Hawaii 3--
Cyrtandra giffardii--a'' and ``Hawaii 30--Cyrtandra giffardii--c,'' 
currently are occupied by this species. They contain habitat features 
that are essential for this species including, but not limited to, wet 
montane forest dominated by Cibotium sp. or Metrosideros polymorpha and 
M. polymorpha-Acacia koa lowland wet forests. Each unit is 
geographically separated from other units on this island to avoid their 
destruction by one naturally occurring catastrophic event. Within the 3 
units we are designating for Cyrtandra giffardii in this rule, habitat 
is provided for a total of 10 populations, each with 300 mature, 
reproducing individuals.
    Hawaii 3--Cyrtandra giffardii--a: This unit contains a portion of 
Haakoa, Kawilahilahi, and Kilau streams and is bordered in the 
northwest by Laupahoehoe watershed with a small overlap into Kaawali 
watershed, in the southeast by Haakoa and Pahala watersheds, and with 
the Kaiwilahilahi, Kilau, and Manowaiopae watersheds in the central 
portion. The unit is almost completely within Laupahohoe NAR with a 
small overlap into the Hilo Forest Reserve. This unit provides habitat 
for 3 populations of 300 individuals of C. giffardii and is currently 
occupied by more than 245 individuals. This unit is essential to the 
conservation of this species because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population.
    Hawaii 29--Cyrtandra giffardii--b: This unit contains portions of 
two forks of the Wailuku River and two forks of Kalohewahewa Stream and 
lies completely within the Wailuku watershed. The unit also is 
completely within the Hilo Forest Reserve; provides habitat for 2 
populations of 300 individuals of C. giffardii; and is currently 
unoccupied. This unit is essential to the conservation of the species 
because it supports habitat that is necessary for the establishment of 
additional populations in order to reach recovery goals.
    Hawaii 30--Cyrtandra giffardii--c: This unit contains Puu Makaala 
and lies completely within the Kaahakini watershed. It also lies 
completely within the Olaa-Kilauea Partnership lands. This unit 
provides habitat for 5 populations of 300 individuals of C. giffardii 
and is currently occupied by one individual. This unit is essential to 
the conservation of C. giffardii because it supports an extant colony 
of this species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable.
Hawaii 3--Cyrtandra tintinnabula--a and Hawaii 29--Cyrtandra 
tintinnabula--b
    We are designating two critical habitat units for Cyrtandra 
tintinnabula, a short-lived perennial. One of the units, ``Hawaii 3--
Cyrtandra tintinnabula--a,'' currently is occupied by individuals of 
this species. They contain habitat features that are essential for this 
species including, but not limited to, lowland wet forest dominated by 
dense Acacia koa, Metrosideros polymorpha, and Cibotium spp. The units 
are geographically separated to avoid their destruction by one 
naturally occurring catastrophic event. Within the two units, habitat 
is provided for a total of nine populations, each with 300 mature, 
reproducing individuals of C. tintinnabula.
    Hawaii 3--Cyrtandra tintinnabula--a: This unit contains a portion 
of Haakoa, Kilau, and Kawilahilahi streams and is bordered on the 
northwest by Kaawali and Laupahoehoe watersheds, and on the southeast 
by Maulua and Pahala watersheds. It also contains portions of the 
Haakoa, Kaiwilahilahi, Kilau and Manowaiopae watersheds in the central 
portion. The unit is almost completely within Laupahohoe NAR with a 
very small overlap into the Hilo Forest Reserve. This unit provides 
habitat for 7 populations, each with 300 individuals of C. 
tintinnabula, and the unit is currently occupied by 18 individuals. 
This unit is essential to the conservation of C. tintinnabula because 
it supports an extant colony of this species and includes habitat that 
is important for the expansion of the present population, which is 
currently considered nonviable.
    Hawaii 29--Cyrtandra tintinnabula--b: This unit contains portions 
of two forks of the Wailuku River, it lies completely within the 
Wailuku watershed, and also lies completely within the Hilo Forest 
Reserve; provides habitat for 2 populations of 300 individuals of C. 
tintinnabula; and is currently unoccupied. This unit is essential to 
the conservation of the species because it supports habitat that is 
necessary for the establishment of additional populations in order to 
reach recovery goals.

[[Page 39671]]

Hawaii 10--Delissea undulata--a and Hawaii 10--Delissea undulata--b
    We are designating two critical habitat units for Delissea 
undulata, a short-lived perennial. They contain habitat features that 
are essential for this species including, but not limited to, dry 
cinder cones and open Sophora chrysophylla and Metrosideros polymorpha 
forest. The units are geographically separated from other critical 
habitat for this multi-island species in order to reduce the likelihood 
of all recovery populations being destroyed by one naturally occurring 
catastrophic event. We previously designated critical habitat for three 
populations on Kauai (68 FR 9116). The units we are designating in this 
rule provide habitat for two populations on Hawaii, each with 300 
mature, reproducing individuals of D. undulata. In addition, Kamehameha 
Schools land excluded from designation in this rule provides habitat 
for another three populations of D. undulata (see ``Analysis of Impacts 
Under 4(b)(2)'').
    Hawaii 10--Delissea undulata--a: This unit lies on the northwest 
slopes of Puuwaawaa and is completely within the Kiholo watershed. The 
unit provides habitat for 1 population of 300 individuals of D. 
undulata and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary for the establishment of additional populations in order to 
reach recovery goals.
    Hawaii 10--Delissea undulata--b: This unit lies on the northwest 
slopes of Puuwaawaa between the Poohohoo summit and Potato Hill and is 
completely within the Kiholo watershed. The southern portion of this 
unit lies in Puuwaawaa Wildlife Sanctuary. The unit provides habitat 
for 1 population of 300 individuals of D. undulata and is currently 
occupied by one individual. This unit is essential to the conservation 
of D. undulata because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable.
Hawaii 17--Diellia erecta--a and Hawaii 18--Diellia erecta--b
    We are designating two critical habitat units for Diellia erecta, a 
short-lived perennial. Both units currently are occupied. They contain 
habitat features that are essential for this species including, but not 
limited to, Metrosideros polymorpha-Nestegis sandwicensis lowland mesic 
forest. Each unit is essential to the conservation of D. erecta because 
it supports an extant colony of this species and includes habitat that 
is important for the expansion of the present population, which is 
currently considered nonviable. The units are geographically separated 
from other critical habitat for this multi-island species in order to 
reduce the likelihood of all recovery populations being destroyed by 
one naturally occurring catastrophic event. We designated critical 
habitat for one population each on Kauai (68 FR 9116, February 27, 
2003), Oahu (68 FR 35949, June 17, 2003), and Molokai (67 FR 16492, 
March 19, 2003), and four populations on Maui (68 FR 25934, May 14, 
2003). The two critical habitat units we are designating for D. erecta 
in this rule provide babitat for a total of two populations, each with 
300 mature, reproducing individuals.
    Hawaii 17--Diellia erecta--a: This unit contains no named natural 
features, it lies completely within the Kiilae watershed, and is also 
completely within the South Kona Forest Reserve; provides habitat for 
one population of 300 individuals of D. erecta; and is currently 
occupied by 22 individuals.
    Hawaii 18--Diellia erecta--b: This unit contains no named natural 
features, it lies completely within the Kauna watershed, and is also 
completely within the Manuka NAR; provides habitat for 1 population of 
300 individuals of D. erecta; and is currently occupied by 2 
individuals. This unit provides the southernmost critical habitat 
within the species' historical range.
Hawaii 17--Flueggea neowawraea--a and Hawaii 18--Flueggea neowawraea--b
    We are designating two critical habitat units for Flueggea 
neowawraea, a long-lived perennial. Both units are occupied by 
individuals of this species. They contain habitat features that are 
essential for this species including, but not limited to, mesic 
Metrosideros polymorpha forest. Each unit is essential to the 
conservation of F. neowawraea because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population, which is currently considered nonviable. The 
units are geographically separated from other critical habitat for this 
multi-island species within its historical range in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. We previously designated critical habitat 
for four populations of this species on Kauai (68 FR 9116), for one 
poulation on Molokai (67 FR 16492), and for one population on Maui (68 
FR 25934, May 14, 2003). There is habitat for one additional population 
on lands excluded from critical habitat on Oahu (68 FR 35949, June 17, 
2003). The two units we are designating for F. neowawraea in this rule 
provide habitat for a total of 2 populations, each with 100 mature, 
reproducing individuals.
    Hawaii 17--Flueggea neowawraea--a: This unit contains no named 
natural features, it lies completely within the Kiilae watershed, and 
is completely within the South Kona Forest Reserve. The unit provides 
habitat for 1 population of 100 individuals of F. neowawraea, and is 
currently occupied by 10 individuals.
    Hawaii 18--Flueggea neowawraea--b: This unit contains no named 
natural features and lies completely within the Kauna watershed. The 
unit also lies almost completely within Manuka NAR except for one 
State-owned inholding that is nonmanaged land within the conservation 
district. This unit provides habitat for 1 population of 100 
individuals of F. neowawraea and is currently occupied by 5 to 11 
individuals. This unit provides the southernmost critical habitat 
within the species' historical range.
Hawaii 18--Gouania vitifolia--a
    We are designating one critical habitat unit for Gouania vitifolia, 
a short-lived perennial. This unit contains no named natural features, 
it lies completely within the Kauna watershed, and is completely within 
Manuka NAR; provides habitat for 2 populations of 300 mature, 
reproducing individuals of G. vitifolia; and is currently occupied by 4 
individuals. It contains habitat features that are essential for this 
species including, but not limited to, dry, rocky ridges and slopes in 
dry shrubland or dry to mesic Nestegis-Metrosideros forests on old 
substrate kipuka. This unit is essential to the conservation of G. 
vitifolia because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. This unit provides 
the southeasternmost critical habitat within the species' historical 
range. This unit is geographically separated from other critical 
habitat for this multi-island species within its historical range in 
order to reduce the likelihood of all recovery populations being 
destroyed by one naturally occurring catastrophic event. We previously 
designated critical habitat for seven populations of this species on

[[Page 39672]]

Oahu (68 FR 35949, June 17, 2003) and for one population on Maui (68 FR 
25934, May 14, 2003).
Hawaii 26--Hibiscadelphus giffardianus--a
    We are designating one critical habitat unit for Hibiscadelphus 
giffardianus, a long-lived perennial. The unit contains portions of 
Kipuka Puaulu and Kipuka Ki, and also lies completely within the 
Kapapala watershed, and is completely within HVNP; provides habitat for 
1 population of 100 mature, reproducing individuals of the H. 
giffardianus; and is currently occupied by 100 individuals. It contains 
habitat features that are essential for this species including, but not 
limited to, mixed montane mesic forest. This unit is essential to the 
conservation of H. giffardianus because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population, which is currently considered nonviable. 
Although we do not believe enough habitat currently exists to reach the 
recovery goal of 8 to 10 populations for this island-endemic species, 
we could not identify any other areas as suitable for H. giffardianus 
based upon what currently is known about this species. Only one tree 
has ever been known in the wild, and the species is a very narrow 
endemic that probably never naturally occurred in more than a single or 
a few populations.
Hawaii 10--Hibiscadelphus hualalaiensis--a
    We are designating one critical habitat unit for Hibiscadelphus 
hualalaiensis, a long-lived perennial. This unit contains Puu Iki and 
Puuwaawaa summits and is completely within the Kiholo watershed. The 
unit provides habitat for 8 populations, each with 100 mature, 
reproducing individuals of H. hualalaiensis, and is currently occupied 
by 12 individuals. It contains habitat features that are essential for 
this species including, but not limited to, dry mesic to dry 
Metrosideros forest on rocky substrate in deep soils. This unit is 
essential to the conservation of H. hualalaiensis because it supports 
an extant colony of this species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered nonviable. This unit provides enough space within the 
historical range of this island-endemic species for the geographic 
separation of the eight populations to reduce the likelihood of all 
recovery populations being destroyed by one naturally occurring 
catastrophic event. No other critical habitat has designated previously 
for this species. It has a limited known historical range, and there is 
little information available about this species.
Hawaii 10--Hibiscus brackenridgei--a
    We are designating one critical habitat unit for Hibiscus 
brackenridgei, a short-lived perennial. This unit contains Puu Huluhulu 
and lies completely within the Kiholo watershed. The unit provides 
habitat for 1 population of 300 mature, reproducing individuals of H. 
brackenridgei and is currently occupied by 5 individuals. It contains 
habitat features that are essential for this species including, but not 
limited to, Acacia koa lowland mesic forest. This unit is essential to 
the conservation of H. brackenridgei because it supports an extant 
colony of this species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable. This unit provides the easternmost critical habitat within 
the species' historical range. The unit is geographically separated 
from other critical habitat for this multi-island species in order to 
reduce the likelihood of all recovery populations being destroyed by 
one naturally occurring catastrophic event. We previously designated 
critical habitat for three populations of H. brackenridgei on Oahu (68 
FR 35949, June 17, 2003), for one population on Molokai (67 FR 16492, 
March 19, 2003), and for three populations on Maui (68 FR 25934, May 
14, 2003).
Hawaii 21--Ischaemum byrone--a and Hawaii 22--Ischaemum byrone--b
    We are designating two critical habitat units for Ischaemum byrone, 
a short-lived perennial. They contain habitat features that are 
essential for this species including, but not limited to, coastal wet 
to dry shrubland, near the ocean, among rocks or on pahoehoe lava in 
cracks and holes. Each unit is geographically separated from other 
critical habitat for this multi-island species in order to reduce the 
likelihood of all recovery populations on the island being destroyed by 
one naturally occurring catastrophic event. We previously designated 
critical habitat for three populations of this species on Kauai (68 FR 
9116, February 27, 2003), for two populations on Molokai (67 FR 16492, 
March 19, 2003), and for two populations on Maui (68 FR 25934, May 14, 
2003). Within the two units we are designating for I. byrone on the 
island of Hawaii in this rule, habitat is provided for a total of three 
populations, each with 300 mature, reproducing individuals.
    Hawaii 21--Ischaemum byrone--a: This unit lies along the coast from 
just east of Keauhou Point, running west. The unit is bordered by the 
Kapapala watershed in the east and the Kilauea watershed in the west 
and lies completely within the HVNP. This unit provides habitat for 2 
populations of 300 individuals of I. byrone and is currently 
unoccupied. This unit is essential to the conservation of the species 
because it supports habitat that is necessary for the establishment of 
additional populations in order to reach recovery goals. This unit 
provides the southernmost critical habitat within the species' 
historical range.
    Hawaii 22--Ischaemum byrone--b: This unit lies along the coast from 
just east of Ka Lae Apuki to just east of Puu Manawalea and is 
completely within the HVNP. The unit provides habitat for 1 population 
of 300 individuals of I. byrone and is currently occupied by 200 
individuals. This unit is essential to the conservation of I. byrone 
because it supports an extant colony of this species and includes 
habitat that is important for the expansion of the present population, 
which is currently considered nonviable.
Hawaii 4--Isodendrion hosakae--a through Hawaii 4--Isodendrion 
hosakae--f
    We are designating six critical habitat units for Isodendrion 
hosakae, a short-lived perennial. One of the six units, ``Hawaii 4--
Isodendrion hosakae--f,'' currently is occupied. This unit is essential 
to the conservation of I. hosakae because it supports an extant colony 
of this species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable. The five unoccupied units are essential to the conservation 
of the species because they support habitat that is necessary for the 
establishment of additional populations in order to reach recovery 
goals. They contain habitat features that are essential for this 
species including, but not limited to, cinder cones with montane dry 
shrubland. Each unit is geographically separated from other critical 
habitat for this island-endemic species in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. Within the six units, habitat is provided 
on the island of Hawaii for a total of six populations of I. hosakae, 
each with 300 mature, reproducing individuals. There also is habitat 
for two other populations on lands in PTA that we excluded from 
designation in this final rule (see

[[Page 39673]]

``Analysis of Impacts Under Section 4(b)(2)'').
    Hawaii 4--Isodendrion hosakae--a: This unit contains most of Puu Pa 
cinder cone and lies in the Pohakuloa watershed in the southwest and in 
the Waikoloa/Waiulaula watershed in the northeast.
    Hawaii 4--Isodendrion hosakae--b: This unit contains most of the 
Holoholoku cinder cone and lies completely within the Pohakuloa 
watershed.
    Hawaii 4--Isodendrion hosakae--c: This unit contains most of the 
Puu Makahalau cinder cone and lies completely within the Waipunahoe 
watershed.
    Hawaii 4--Isodendrion hosakae--d: This unit contains most of the 
Puu Io and Puu Kekuakahea cinder cones and lies completely in the 
Waipunahoe watershed.
    Hawaii 4--Isodendrion hosakae--e: This unit contains most of the 
Heihei cinder cone and lies completely within the Pohakuloa watershed.
    Hawaii 4--Isodendrion hosakae--f: This unit contains upper portions 
of an unnamed cinder cone in the Pohakuloa watershed. The unit is 
currently occupied by 8 individuals of I. hosakae.
Hawaii 19--Mariscus fauriei--a
    We are designating one critical habitat unit for Mariscus fauriei, 
a short-lived perennial. This unit contains a portion of Kipuka Puu Kou 
and lies completely within the South Point watershed. The unit provides 
habitat for 1 population of 300 mature, reproducing individuals of M. 
fauriei and is currently occupied by 12 individuals. It contains 
habitat features that are essential for this species including, but not 
limited to, Diospyros sandwicensis-Metrosideros polymorpha-Sapindus 
saponaria dominated lowland dry forests, often on a lava substrate. 
This unit is essential to the conservation of M. fauriei because it 
supports an extant colony of this species and includes habitat that is 
important for the expansion of the present population, which is 
currently considered nonviable. This unit provides the southeasternmost 
critical habitat within the species' historical range. This unit is 
geographically separated from other critical habitat for this multi-
island species within its historical range in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. We previously designated critical habitat 
for seven populations of M. fauriei on Molokai (67 FR 16492, March 19, 
2003).
Hawaii 24--Melicope zahlbruckneri--a and Hawaii 26--Melicope 
zahlbruckneri--b
    We are designating two critical habitat units for M. zahlbruckneri, 
a long-lived perennial. They contain habitat features that are 
essential for this species including, but not limited to, Acacia koa-
Metrosideros polymorpha dominated montane mesic forest. Although we do 
not believe enough habitat currently exists to reach the recovery goal 
of 8 to 10 populations for this island-endemic species, the two 
designated units identify habitat for recovery populations that is 
geographically separated to reduce the likelihood of all recovery 
populations being destroyed by one naturally occurring catastrophic 
event. The two critical habitat units designated for this species 
provide habitat for a total of three populations, each with 100 mature, 
reproducing individuals of M. zahlbruckneri.
    Hawaii 24--Melicope zahlbruckneri--a: This unit is just north of 
Uwewale gulch, it is completely within the Pahala watershed, and is 
within the Kau Forest Reserve; provides habitat for 1 population of 100 
individuals of M. zahlbruckneri; and is currently unoccupied. This unit 
is essential to the conservation of the species because it supports 
habitat that is necessary for the establishment of additional 
populations in order to reach recovery goals.
Hawaii 26--Melicope zahlbruckneri--b
    This unit contains portions of Kipuka Puaulu and Kipuka Ki and lies 
completely within the Kapapala watershed and within HVNP. The unit 
provides habitat for 2 populations of 100 individuals of M. 
zahlbruckneri and is currently occupied by 31 to 36 individuals. This 
unit is essential to the conservation of M. zahlbruckneri because it 
supports an extant colony of this species and includes habitat that is 
important for the expansion of the present population, which is 
currently considered nonviable.
Hawaii 10--Neraudia ovata--a through Hawaii 18--Neraudia ovata--d
    We are designating two critical habitat units for Neraudia ovata, a 
short-lived perennial. One of the units, ``Hawaii 18--Neraudia ovata--
d,'' currently is occupied. This unit is essential to the conservation 
of N. ovata because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. The remaining 
unoccupied unit is essential to the conservation of the species because 
it supports habitat that is necessary for the establishment of 
additional populations in order to reach recovery goals. It contains 
habitat features that are essential for this species including, but not 
limited to, open Metrosideros polymorpha-Sophora chrysophylla dominated 
lowlands, montane dry forests, and Metrosideros-shrub woodland. Each 
unit is geographically separated from other critical habitat for this 
island-endemic species within its historical range in order to reduce 
the likelihood of all recovery populations being destroyed by one 
naturally occurring catastrophic event. The two units for this species 
that we are designating on the island of Hawaii provide for habitat for 
a total of four populations, each with 300 mature, reproducing 
individuals of the N. ovata. Habitat is also provided for four 
populations on lands at the PTA that we are excluding from designation 
(see ``Analysis of Impacts Under 4(b)(2)'').
    Hawaii 10--Neraudia ovata--a: This unit contains no named natural 
features and lies completely within the Kiholo watershed. This unit, 
plus the excluded Kamehameha Schools land (see ``Analysis of Impacts 
Under 4(b)(2)''), provides habitat for 2 populations of 300 mature, 
reproducing individuals of the N. ovata and is currently unoccupied. 
This unit provides the northernmost critical habitat within the 
species' historical range.
    Hawaii 18--Neraudia ovata--d: This unit contains no named natural 
features and is completely within the Kauna watershed. This unit 
provides habitat for 2 populations of 300 individuals of N. ovata and 
is currently occupied by one individual. The unit provides the 
southernmost critical habitat within the species' historical range.
Hawaii 5--Nothocestrum breviflorum--a through Hawaii 10--Nothocestrum 
breviflorum--c
    We are designating three critical habitat units for Nothocestrum 
breviflorum, a long-lived perennial. Two of the units are currently 
occupied. They contain habitat features that are essential for this 
species including, but not limited to, lowland and montane dry forest, 
and montane mesic forest dominated by Metrosideros polymorpha, Acacia 
koa, and/or Diospyros sandwicensis on aa lava substrates. Each unit is 
geographically separated from other critical habitat for this island-
endemic species within its historical range in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. The three

[[Page 39674]]

units we are designating for this species on the island of Hawaii 
provide habitat to support a total of nine populations of N. 
breviflorum, each with 100 mature, reproducing individuals.
    Hawaii 5--Nothocestrum breviflorum--a: This unit is the ridge 
adjacent to Laupahoehoe Iki Cape between Waimanu Valley and Kaimu 
Stream, bordered on the west by Kamu watershed, on the east by Waimanu 
watershed, with the Pae watershed in between. The unit lies in the 
Kohala Forest Reserve in the west and the Waimanu Estuarine Research 
Reserve in the east. This unit provides habitat for 3 populations of 
100 individuals of N. breviflorum and is currently unoccupied. This 
unit is essential to the conservation of the species because it 
supports habitat that is necessary for the establishment of additional 
populations in order to reach recovery goals. This unit provides the 
easternmost critical habitat within the species' historical range.
    Hawaii 6--Nothocestrum breviflorum--b: This unit contains portions 
of Kalaikaula, Kamoloumi, Kolealiilii, Nakooko, Ohiahuea, Oniu, and 
Waiapuka streams, and Paohia Gulch. It is bordered by the Honokea 
watershed in the west, the Waikaloa watershed in the east. It contains 
portions of the Honopue, Kalikaula, Kolealiilii, Nakookoo, Ohiahuea, 
and Waiapuka watersheds. The unit lies completely within the Kohala 
Forest Reserve; provides habitat for 1 population of 100 individuals of 
N. breviflorum; and is currently occupied by 6 individuals. This unit 
is essential to the conservation of N. breviflorum because it supports 
an extant colony of this species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered nonviable. This unit provides the northernmost critical 
habitat within the species' historical range.
    Hawaii 10--Nothocestrum breviflorum--c: This unit contains Poohohoo 
summit and is completely within the Kiholo watershed. This unit 
provides habitat for 5 populations of 100 individuals of N. breviflorum 
and is currently occupied by more than 165 individuals. This unit is 
essential to the conservation of N. breviflorum because it supports an 
extant colony of this species and includes habitat that is important 
for the expansion of the present population. The unit provides the 
southwesternmost critical habitat within the species' historical range.
Hawaii 1--Phyllostegia racemosa--a through Hawaii 30--Phyllostegia 
racemosa--c
    We are designating three critical habitat units for Phyllostegia 
racemosa, a short-lived perennial. Two of the units, ``Hawaii 1--
Phyllostegia racemosa--a'' and Hawaii 2--Phyllostegia racemosa--b,'' 
are currently occupied. This unit is essential to the conservation of 
P. racemosa because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. The unoccupied 
unit, ``Hawaii 30--Phyllostegia racemosa--c,'' is essential to the 
conservation of P. racemosa because it supports an extant colony of 
this species (12 individuals on the adjacent excluded Kamehameha 
Schools lands) and includes habitat that is important for the expansion 
of the present population, which is currently considered nonviable. 
These units contain habitat features that are essential for this 
species including, but not limited to, Acacia koa, Metrosideros 
polymorpha, and Cibotium dominated montane mesic or wet forests. Each 
unit is geographically separated from other critical habitat for this 
island-endemic species within its historical range in order to reduce 
the likelihood of all recovery populations being destroyed by one 
naturally occurring catastrophic event. The three units being 
designated for this species on the island of Hawaii provide for a total 
of 10 populations, each with 300 mature, reproducing individuals.
    Hawaii 1--Phyllostegia racemosa--a: This unit contains Puu Akala 
and portions of Awehi, Honoliii, and Kapue streams. It is bordered by 
the Kolekole watershed in the north and Wailuku watershed in the south, 
with Honolii and Kapue watersheds in the central portion. The unit is 
completely within Hakalau Forest NWR; provides habitat for 3 
populations, each with 300 individuals of P. racemosa; and is currently 
occupied by 2 individuals.
    Hawaii 2--Phyllostegia racemosa--b: This unit contains a portion of 
Nauhi Gulch, and the northern portion is in the Haakoa watershed, the 
southern portion in the Umauma watershed, and the central portion in 
the Waikaumalo watershed. The northern and southern portions of this 
unit lie partly within Hakalau Forest NWR, and the central portion lies 
in the Hilo Forest Reserve. This unit provides habitat for 2 
populations of 300 individuals of P. racemosa and is currently occupied 
by 31 to 41 individuals.
    Hawaii 30--Phyllostegia racemosa--c: This unit contains no named 
natural features and is completely within the Kaahakini watershed. This 
unit also lies completely within Olaa-Kilauea Partnership lands. The 
unit provides, in combination with the adjacent excluded Kamehameha 
Schools lands (see ``Analysis of Impacts Under 4(b)(2)''), habitat for 
5 populations of 300 mature, reproducing individuals of the short-lived 
perennial P. racemosa and is currently unoccupied.
Hawaii 24--Phyllostegia velutina--a and Hawaii 30--Phyllostegia 
velutina--b
    We are designating two critical habitat units for Phyllostegia 
velutina, a short-lived perennial. Both units are currently occupied. 
They contain habitat features that are essential for this species 
including, but not limited to, Metrosideros polymorpha-Acacia koa 
dominated montane mesic and wet forests. Each unit is geographically 
separated from other critical habitat for this island-endemic species 
within its historical range in order to reduce the likelihood of all 
recovery populations being destroyed by one naturally occurring 
catastrophic event. The units we are designating for this species on 
the island of Hawaii provide habitat to support a total of 10 
populations of P. velutina, each with 300 mature, reproducing 
individuals.
    Hawaii 24--Phyllostegia velutina--a: This unit contains a portion 
of Uwewale and Waihaka gulches and is completely within the Pahala 
watershed. The unit also lies completely within the Kau Forest Reserve; 
provides habitat for 4 populations of 300 individuals of P. velutina; 
and is currently occupied by an unknown number of individuals. This 
unit is essential to the conservation of P. velutina because it 
supports an extant colony of this species and includes habitat that is 
important for the expansion of the present population.
    Hawaii 30--Phyllostegia velutina--b: This unit contains the 
northeastern portion of Kulani summit and lies completely within the 
Kaahakini watershed. The unit also lies completely within Olaa-Kilauea 
partnership lands. In combination with the adjacent excluded Kamehameha 
Schools lands (see ``Analysis of Impacts Under 4(b)(2)''), this unit 
provides habitat for 6 populations of 300 individuals of P. racemosa 
and is currently occupied by 6 individuals (there also is 1 individual 
in the excluded adjacent lands). This unit is essential to the 
conservation of P. velutina because it supports an extant colony of 
this species and includes habitat that is important for the

[[Page 39675]]

expansion of the present population, which is currently considered 
nonviable.
Hawaii 3--Phyllostegia warshaueri--a and Hawaii 8--Phyllostegia 
warshaueri--b[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]?
    We are designating two critical habitat units for Phyllostegia 
warshaueri, a short-lived perennial. Both units are occupied. They 
contain habitat features that are essential for this species including, 
but not limited to, Metrosideros polymorpha and Cibotium montane and 
lowland wet forest in which Acacia koa or Cheirodendron trigynum may 
co-dominate. Each unit is essential to the conservation of P. 
warshaueri because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. The units are 
geographically separated for this island-endemic species within its 
historical range in order to reduce the likelihood of all recovery 
populations being destroyed by one naturally occurring catastrophic 
event. The two unit being designated for this species on the island of 
Hawaii provide habitat for a total of 10 populations, each with 300 
mature, reproducing individuals.
    Hawaii 3--Phyllostegia warshaueri--a: This unit contains portions 
of Haakoa, Kilau, and Kawilahilahi streams and is bordered in the 
northwest by the Kaiwiki and Kaula watersheds, in the southeast by the 
Maulua watershed, and has portions of the Haakoa, Kaawali, 
Kaiwilahilahi, Kilau, Laupahoehoe, Manowaiopae, and Pahala watersheds 
in the central portion. This unit contains a portion of Hilo Forest 
Reserve, Manowaialee Forest Reserve, and Laupahoehoe NAR. The unit 
provides habitat for 7 populations of 300 individuals each of P. 
warshaueri and is currently occupied by 13 individuals.
    Hawaii 8--Phyllostegia warshaueri--b: This unit contains Kaiholena 
summit and Puu Ohu, and the northern portion is in the Wailoa/Waipio 
watershed, with the southern portion in the Waikoloa/Waiulaula 
watershed. The unit is completely within the Kohala Forest Reserve; 
provides habitat for 3 populations of 300 individuals of P. warshaueri; 
and is currently occupied by 1 individual.
Hawaii 24--Plantago hawaiensis--a through Hawaii 30--Plantago 
hawaiensis--c
    We are designating three critical habitat units for Plantago 
hawaiensis, a short-lived perennial. All three units are currently 
occupied by the species. They contain habitat features that are 
essential for this species including, but not limited to, montane wet 
sedge land with mixed sedges and grasses, montane mesic forest, dry 
subalpine woodland, or Metrosideros and native shrub. Each unit is 
geographically separated from other critical habitat for this island-
endemic species within its historical range in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. The three units we are designating for 
this species on the island of Hawaii provide habitat for a total of 10 
populations, each with 300 mature, reproducing individuals.
    Hawaii 24--Plantago hawaiensis--a: This unit contains no named 
natural features; the northern portion is in the Kapapala watershed, 
and the southern portion is in the Pahala watershed, and the unit is 
completely within the Kapapala Forest Reserve; provides habitat for 3 
populations of 300 individuals of P. hawaiensis; and is currently 
occupied by 5,000 individuals. This unit is essential to the 
conservation of P. hawaiensis because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population. This unit provides the southwesternmost 
critical habitat within the species' historical range.
    Hawaii 25--Plantago hawaiensis--b: This unit contains a portion of 
Kipuka Kulalio, it is completely within the Kapapala watershed. This 
unit is completely within HVNP; provides habitat for 4 populations of 
300 individuals of P. hawaiensis; and is currently occupied by more 
than 630 individuals. This unit is essential to the conservation of P. 
hawaiensis because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population.
    Hawaii 30--Plantago hawaiensis--c: This unit contains no named 
natural features and is mostly in the Wailoa watershed, but it is 
bordered in the south by the Kaahakini watershed. This unit is 
completely within Olaa-Kilauea Partnership lands. The unit provides 
habitat for 3 populations of 300 individuals of P. hawaiensis and is 
currently occupied by 50 to 100 individuals. This unit is essential to 
the conservation of P. hawaiensis because it supports an extant colony 
of this species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable.
Hawaii 7--Pleomele hawaiiensis--a through Hawaii 23--Pleomele 
hawaiiensis--d
    We are designating 4 critical habitat units for Pleomele 
hawaiiensis, a long-lived perennial. All of the units are currently 
occupied by individuals of this species. They contain habitat features 
that are essential for this species including, but not limited to, open 
aa lava in diverse lowland dry forests and Metrosideros-Diospyros 
lowland dry forest. Each unit is essential to the conservation of P. 
hawaiiensis because it supports an extant colony of this species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. Each unit is 
geographically separated from other critical habitat for this island-
endemic species within its historical range in order to reduce the 
likelihood of all recovery populations being destroyed by one naturally 
occurring catastrophic event. The four units we are designating for 
this species on the island of Hawaii provide habitat to support a total 
of nine populations, each with 100 mature, reproducing individuals. 
Kamehameha Schools land that we are excluding from this designation of 
critical habitat provides habitat for one additional population (see 
``Analysis of Impacts Under 4(b)(2)'').
    Hawaii 7--Pleomele hawaiiensis--a: This unit contains Kupenau 
summit and the ridges around Pololu Valley, and is in the Pololu 
watershed in the west and Honokane Nui watershed in the east. The west 
side of the unit is in the Kohala Forest Reserve. This unit provides 
habitat for 1 population of 100 individuals of P. hawaiiensis and is 
currently occupied by 21 to 31 individuals. This unit provides the 
northernmost critical habitat within the species' historical range.
    Hawaii 10--Pleomele hawaiiensis--b: This unit contains no named 
natural features and is entirely in the Kiholo watershed. The unit 
provides habitat for 1 population of 100 individuals of P. hawaiiensis 
and is currently occupied by 50 to 100 individuals.
    Hawaii 18--Pleomele hawaiiensis--c: This unit contains no named 
natural features and is mostly in the Kauna watershed with a small 
portion on the southwest side in the Kiilae watershed. The unit is 
completely within Manuka NAR; provides habitat for 2 populations of 100 
individuals of P. hawaiiensis; and is currently occupied by 5 
individuals. This unit provides the southernmost critical habitat 
within the species' historical range.

[[Page 39676]]

    Hawaii 23--Pleomele hawaiiensis--d: This unit contains the Hilina 
Pali, Holei Pali, Makahanu Pali, Poliokeawe Pali, Puueo Pali, the Keana 
Bihopa summit, and portions of Kipuka Kaena Bihopa, Kipuka 
Papalinamoku, and Kipuka Pepeiau. It is in the Kapala watershed in the 
west and the Kilauea watershed in the east and lies completely within 
HVNP. This unit provides habitat for 5 populations of 100 individuals 
of P. hawaiiensis and currently is occupied by 9 to 10 individuals. 
This unit provides the easternmost critical habitat within the species' 
historical range.
Hawaii 27--Portulaca sclerocarpa--a
    We are designating one critical habitat unit for Portulaca 
sclerocarpa, a short-lived perennial. This contains the Keanakakoi, 
Kokoolau, and Puhimau craters; Lele o Kalihipaa Pali; and a portion of 
the lava flow of 1921. The unit lies completely within HVNP; provides 
habitat for 5 populations of 300 individuals of the P. sclerocarpa; and 
is currently occupied by more than 900 individuals. It contains habitat 
features that are essential for this species including, but not limited 
to, weathered Mauna Kea soils, cinder cones, or geologically young 
lavas in montane dry shrubland, often on bare cinder, near steam vents, 
and in open Metrosideros polymorpha dominated woodlands. This unit is 
essential to the conservation of P. sclerocarpa because it supports an 
extant colony of this species and includes habitat that is important 
for the expansion of the present population. This unit provides the 
southeasternmost critical habitat within the species' historical range. 
This unit is geographically separated from other critical habitat for 
this multi-island species within its historical range in order to 
reduce the likelihood of all recovery populations being destroyed by 
one naturally occurring catastrophic event. We designated critical 
habitat for one population of P. sclerocarpa on Lanai (68 FR 1220, 
January 9, 2003). The inland habitat of populations on the island of 
Hawaii differs from the coastal habitat provided for on Lanai. Land on 
the PTA that was excluded from designation in this rule provides 
habitat for four additional populations (see ``Analysis of Impacts 
Under 4(b)(2)'').
Hawaii 20--Sesbania tomentosa--a and Hawaii 23--Sesbania tomentosa--b
    We are designating two units of critical habitat for Sesbania 
tomentosa, a short-lived perennial. Both units are occupied by this 
species. Each unit is essential to the conservation of S. tomentosa 
because it supports an extant colony of this species and includes 
habitat that is important for the expansion of the present population, 
which is currently considered nonviable. They contain habitat features 
that are essential for this species including, but not limited to, dry 
Metrosideros polymorpha forest with mixed native grasses, Scaevola 
taccada coastal dry shrubland on windswept slopes, and weathered 
basaltic slopes. Each unit is geographically separated from other 
critical habitat for this multi-island species within its historical 
range in order to reduce the likelihood of all recovery populations 
being destroyed by one naturally occurring catastrophic event. We 
previously designated critical habitat for one population of S. 
tomentosa on Nihoa, one population on Necker (68 FR 28054, May 22, 
2003), two populations on Kauai (68 FR 9116, February 27, 2003), two 
populations on Oahu (68 FR 35949, June 17, 2003), two populations on 
Molokai (68 FR 12982, March 19, 2003), and two populations on Maui (68 
FR 25934, May 14, 2003).
    Hawaii 20--Sesbania tomentosa--a: This unit contains the area 
inland of Waiwelawela Point, all of Halemaoli Point and it lies 
entirely in the Pahala watershed. The unit also lies completely within 
HVNP; provides habitat for 1 population of 300 individuals; and is 
currently occupied by 10 to 15 individuals. This unit provides the 
southernmost critical habitat within the species' historical range.
    Hawaii 23--Sesbania tomentosa--b: This unit contains Kipuka Nene, 
is entirely in the Kapapala watershed, and lies completely within HVNP. 
The unit provides habitat for 1 population of 300 individuals of S. 
tomentosa; and is currently occupied by 50 to 65 individuals. This unit 
provides the easternmost critical habitat within the species' 
historical range.
Hawaii 30--Sicyos alba--a
    We are designating one critical habitat unit for Sicyos alba, a 
short-lived perennial. This unit contains Puu Makaala and is entirely 
in the Kaahakini watershed. This unit lies within HVNP, Puu Makaala 
Natural Area Reserve, and Olaa-Kilauea Partnership lands. The unit 
provides habitat for 10 populations of 300 mature, reproducing 
individuals of the S. alba and is currently occupied by 4 individuals. 
This unit contains habitat features that are essential for this species 
including, but not limited to, Metrosideros polymorpha-Cibotium glaucum 
dominated montane wet forests. This unit is essential to the 
conservation of S. alba because it supports an extant colony of this 
island-endemic species and includes habitat that is important for the 
expansion of the present population, which is currently considered 
nonviable. This unit is of an appropriate size so that each potential 
recovery population within the unit is separated enough to avoid their 
destruction by one naturally occurring catastrophic event. Beyond the 
10 populations provided for in this unit, no other critical habitat is 
designated for this species.
Hawaii 25--Silene hawaiiensis--a and Hawaii 27--Silene hawaiiensis--b
    We are designating two critical habitat units for Silene 
hawaiiensis, a short-lived perennial. Both units are currently occupied 
by individuals of this species. These units contain habitat features 
that are essential for this species including, but not limited to, 
montane and subalpine dry shrubland on weathered lava, on variously 
aged lava flows, and cinder substrates. Each unit is essential to the 
conservation of S. hawaiiensis because it supports an extant colony of 
this species and includes habitat that is important for the expansion 
of the present population. Each unit provides habitat for a population 
that is geographically separated from other recovery populations of 
this island-endemic species within its historical range in order to 
reduce the likelihood of all recovery populations being destroyed by 
one naturally occurring catastrophic event. The two units we are 
designating for S. hawaiiensis in this rule provide habitat for a total 
of three populations, each with 300 mature, reproducing individuals. 
The excluded lands at PTA provide habitat for seven additional 
populations (see ``Analysis of Impacts Under 4(b)(2)'').
    Hawaii 25--Silene hawaiiensis--a: This unit contains a portion of 
Kipuka Kulalio, it is completely within the Kapapala watershed, and it 
lies completely within HVNP. The unit provides habitat for 1 population 
of 300 individuals of S. hawaiiensis, and is currently occupied by 
about 1,800 individuals.
    Hawaii 27--Silene hawaiiensis--b: This unit contains Uwekahuna 
Bluff; portions of the lava flows of 1919, 1921, and 1961; a portion of 
Kilauea Crater; and all of Halemaumau Crater. The unit is entirely in 
the Kapapala watershed and lies completely within HVNP. This unit 
provides habitat for 2 populations of 300 individuals of S. hawaiiensis 
and is currently occupied by 3,851 to 3,951 individuals. This unit 
provides the southeasternmost critical habitat within the species' 
historical range.

[[Page 39677]]

Hawaii 10--Solanum incompletum--a and Hawaii 11--Solanum incompletum--b
    We are designating two critical habitat units for Solanum 
incompletum, a short-lived perennial. Both units currently are 
unoccupied by this species. Each unit is essential to the conservation 
of the species because it supports habitat that is necessary for the 
establishment of additional populations in order to reach recovery 
goals. These units contain habitat features that are essential for this 
species including, but not limited to, dry to mesic forest, diverse 
mesic forest, and subalpine forest. Each unit is geographically 
separated from other critical habitat for this multi-island species 
within its historical range in order to reduce the likelihood of all 
recovery populations being destroyed by one naturally occurring 
catastrophic event. The two units we are designating for S. incompletum 
in this rule provide habitat for a total of four populations, each with 
300 mature, reproducing individuals. Lands at the PTA that we are 
excluding from designation in this rule provide habitat for five 
additional populations (see ``Analysis of Impacts Under 4(b)(2)''). In 
addition, habitat for one population of S. incompletum is in the area 
we excluded from critical habitat designations on Lanai (68 FR 1220, 
January 9, 2003).
    Hawaii 10--Solanum incompletum--a: This unit contains no named 
natural features, it is entirely in the Kiholo watershed, and is 
completely within the Puuwaawaaa Wildlife Sanctuary; provides habitat 
for 3 populations of 300 individuals of S. incompletum; and is 
currently unoccupied.
    Hawaii 11--Solanum incompletum--b: This unit contains no named 
natural features, it is entirely in the Waiaha watershed, and is 
completely within the Honuaulu Forest Reserve; provides habitat for 1 
population of 300 individuals of S. incompletum; and is currently 
unoccupied. This unit provides the southernmost critical habitat within 
the species' historical range.

Hawaii 4--Vigna o-wahuensis--a through Hawaii 4--Vigna o-wahuensis--c

    We are designating three critical habitat units for Vigna o-
wahuensis, a short-lived perennial. None of the units is currently 
occupied. Each unit provides habitat for 1 population of 300 mature, 
reproducing individuals of V. o-wahuensis. Each unit is essential to 
the conservation of the species because it supports habitat that is 
necessary for the establishment of additional populations in order to 
reach recovery goals. These units contain habitat features that are 
essential for this species including, but not limited to, Dodonaea 
viscosa lowland dry shrubland. Each unit is geographically separated 
from other critical habitat for this multi-island species in order to 
reduce the likelihood of all recovery populations being destroyed by 
one naturally occurring catastrophic event. We previously designated 
critical habitat for three populations of V. o-wahuensis on Oahu (68 FR 
35949, June 17, 2003), and for one population on Maui (68 FR 25934, May 
14, 2003). The four units for V. o-wahuensis that we are designating in 
this rule provide habitat for a total of four populations.
    Hawaii 4--Vigna o-wahuensis--a: This unit contains most of Puu Pa 
cinder cone and lies in the Pohakuloa watershed in the southwest and in 
the Waikoloa/Waiulaula watershed in the northeast.
    Hawaii 4--Vigna o-wahuensis--b: This unit contains most of the 
Holoholoku cinder cone and lies completely within the Pohakuloa 
watershed. This unit provides the easternmost critical habitat within 
the species' historical range.
    Hawaii 4--Vigna o-wahuensis--c: This unit contains the upper 
portions of an unnamed cinder cone in the Pohakuloa watershed. This 
unit provides the southernmost critical habitat within the species' 
historical range.
Hawaii 10--Zanthoxylum dipetalum ssp. tomentosum--a
    We are designating one critical habitat unit for Zanthoxylum 
dipetalum ssp. tomentosum, a long-lived perennial. The unit contains 
Puu Ike, Puu Paha, and Puuwaawaa and is in the Kiholo watershed. This 
unit provides habitat for 7 populations of 100 mature, reproducing 
individuals of the Z. dipetalum ssp. tomentosum and is currently 
occupied by 8 to 10 individuals. It contains habitat features that are 
essential for this species including, but not limited to, Metrosideros 
polymorpha dominated montane mesic forest, often on aa lava. This unit 
is essential to the conservation of Z. dipetalum ssp. tomentosum 
because it supports an extant colony of this island-endemic species and 
includes habitat that is important for the expansion of the present 
population, which is currently considered nonviable. Although we do not 
believe enough habitat currently exists to reach the recovery goal of 8 
to 10 populations for this island-endemic species, this unit is of an 
appropriate size so that each of the seven potential recovery 
populations within the unit is geographically separated enough to avoid 
their destruction by one naturally occurring catastrophic event. No 
other critical habitat for this species is designated on the island of 
Hawaii.

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 are 
not likely to destroy or adversely modify critical habitat. If a 
Federal action may affect a listed species or its critical habitat, the 
responsible Federal action agency must enter into consultation with us. 
Section 7(a)(4) of the Act requires Federal agencies (action agency) to 
confer with us on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in the 
destruction or adverse modification of proposed critical habitat. 
Destruction or adverse modification of critical habitat occurs when a 
Federal action directly or indirectly alters critical habitat to the 
extent that 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 directly 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.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions under certain 
circumstances, including instances where critical habitat is 
subsequently designated and the Federal agency has retained 
discretionary involvement, or control has been retained or is 
authorized by law. Consequently, some Federal agencies may request 
reinitiation of consultation or conferencing with us on actions for 
which formal consultation has been completed, if those actions may 
affect designated critical habitat or adversely modify or destroy 
proposed critical habitat.
    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

[[Page 39678]]

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.
    Activities on Federal lands that may affect critical habitat of one 
or more of the 41 plant species from the island of Hawaii 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.), the Department of Housing and Urban Development, 
or a section 10(a)(1)(B) permit from us; or some other Federal action, 
including funding (e.g., from the Federal Highway Administration, 
Federal Aviation Administration (FAA), Federal Emergency Management 
Agency (FEMA), Environmental Protection Agency (EPA), or Department of 
Energy); regulation of airport improvement activities by the FAA; and 
construction of communication sites licensed by the Federal 
Communications Commission (FCC) may also 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 would not require section 7 consultation as a 
result of this rule designating critical habitat.
    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 that degrades 
watershed values;
    (3) Rural residential construction that includes concrete pads for 
foundations and the installation of septic systems in wetlands where a 
permit under section 404 of the Clean Water Act would be required by 
the Corps;
    (4) Recreational activities that appreciably degrade vegetation;
    (5) Mining of sand or other minerals;
    (6) Introducing or encouraging the spread of nonnative plant 
species into critical habitat units; and
    (7) Importation of nonnative species for research, agriculture, and 
aquaculture, and the release of biological control agents that would 
have unanticipated effects on the listed species and the primary 
constituent elements of their habitats.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Pacific Islands Ecological Services Field Office (see 
ADDRESSES section). Requests for copies of the regulations on listed 
plants and animals, and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Branch of Endangered 
Species/Permits, 911 N.E. 11th Ave., Portland, OR 97232-4181 (telephone 
503/231-2063; facsimile 503/231-6243).

Analysis of Managed Lands Under Section 3(5)(A)

    The need for ``special management considerations or protections'' 
of the essential habitat features (primary constituent elements) 
included in a designation is required by the definition of critical 
habitat in section 3(5)(A) of the Act. If the primary constituent 
elements are being adequately managed, then they do not need ``special 
management considerations or protections.'' Adequate management or 
protection is provided by a legally operative plan that addresses the 
maintenance and improvement of the essential elements and provides for 
the long-term conservation of the species. We consider a plan adequate 
when it: (1) Provides a conservation benefit to the species (i.e., the 
plan must maintain or provide for an increase in the species' 
population or the enhancement or restoration of its habitat within the 
area covered by the plan); (2) provides assurances that the management 
plan will be implemented (i.e., those responsible for implementing the 
plan are capable of accomplishing the objectives, have an 
implementation schedule, and have adequate funding for the management 
plan); and, (3) provides assurances that the conservation plan will be 
effective (i.e., it identifies biological goals, has provisions for 
reporting progress, and lasts for a duration sufficient to implement 
the plan and achieve the plan's goals and objectives). If an area is 
covered by a plan that meets these criteria, it does not constitute 
critical habitat as defined by the Act because the primary constituent 
elements found there are not in need of special management or 
protection.
    Currently occupied and 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 the 
adequacy of special management considerations or protection and, 
consequently, whether such areas meet the definition of critical 
habitat under section 3(5)(A). 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. We 
reviewed all biological information received during the public comment 
periods, public meeting, and public hearing. When clarification was 
required on the information provided to us, we followed up by 
telephone. We also met with staff from the Hawaii District DOFAW office 
to discuss management activities they are conducting on the island of 
Hawaii.
    In determining whether a management plan or agreement provides 
adequate management or protection, we first consider whether that plan 
provides a conservation benefit to the species. We considered the 
following threats and associated recommended management actions:
    (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

[[Page 39679]]

nonnative plant and animal species have contributed to the decline of 
nearly all endangered and threatened plants in Hawaii (Cuddihy and 
Stone 1990; Howarth 1985; Loope 1998; Scott et al. 1986; Service 1994, 
1995a, 1995b, 1996a, 1996b, 1996c, 1996d, 1997, 1998a, 1998b, 1999; 
Smith 1985; Stone 1985; Vitousek 1992; Wagner et al. 1985).
    Current threats to these species include nonnative grass- and 
shrub-carried wildfire; browsing, digging, rooting, and trampling from 
feral ungulates (including goats, cattle, and pigs); direct and 
indirect effects of nonnative 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 
nonnative insect pollinators for food, and predation of native insect 
pollinators by nonnative hymenopteran insects (ants). In addition, 
physiological processes such as reproduction and establishment, 
continue to be negatively affected by fruit- and flower-eating pests 
such as nonnative arthropods, mollusks, and rats, and photosynthesis 
and water transport are affected by nonnative insects, pathogens, and 
diseases. Many of these factors interact with one another, thereby 
compounding effects. Such interactions include nonnative plant 
invasions altering wildfire regimes; feral ungulates carrying weeds and 
disturbing vegetation and soils, thereby facilitating dispersal and 
establishment of nonnative plants; and numerous nonnative insect 
species feeding on native plants, thereby increasing their 
vulnerability and exposure to pathogens and disease (Bruegmann et al. 
2001; Cuddihy and Stone 1990; D'Antonio and Vitousek 1992; Howarth 
1985; Mack 1992; Scott et al. 1986; Service 1994, 1995a, 1995b, 1996a, 
1996b, 1996c, 1996d, 1997, 1998a, 1998b, 1999; Smith 1985; Tunison et 
al. 1992);
    (2) The recommendations from the HPPRCC in its 1998 report to us 
(``Habitat Essential to the Recovery of Hawaiian Plants''). As 
summarized in this report, recovery goals for endangered Hawaiian plant 
species cannot be achieved without the effective control of nonnative 
species threats, wildfire, and land use changes; and
    (3) The management actions needed for assurance of survival and 
ultimate recovery of these 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, and in various other documents and publications relating to plant 
conservation in Hawaii (Cuddihy and Stone 1990; Mueller-Dombois 1985; 
Smith 1985; Stone 1985; Stone et al. 1992).
    In general, taking all of the above recommended management actions 
into account, the following management actions are important in 
providing a conservation benefit to the species: feral ungulate 
control; wildfire management; nonnative plant control; rodent control; 
invertebrate pest control; maintenance of genetic material of the 
endangered and threatened plant species; propagation, reintroduction, 
and augmentation of existing populations into areas 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 essential for the recovery of the species; monitoring of the 
wild, outplanted, and augmented populations; rare plant surveys; and 
control of human activities/access (Service 1994, 1995a, 1995b, 1996a, 
1996b, 1996c, 1996d, 1997, 1998a, 1998b, 1999). On a case-by-case 
basis, these actions may rise to different levels 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.
    As shown in Table 2, the 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; meetings with Hawaii District DOFAW 
staff; the May 28, 2002, proposal; public comment periods; and the 
October 29 and 30, 2002, public hearings; as well as information in our 
files, indicated that there is limited ongoing conservation management 
action for these plants, except as noted below. Without management 
plans and assurances that the plans will be implemented, we are unable 
to find that the lands in question do not require special management or 
protection.

Lands Under U.S. Army Jurisdiction

    The Army has one installation under its jurisdiction on the island 
of Hawai: Pohakuloa Training Area (PTA). All of the PTA lands are 
administered by the Army Garrison, Hawaii, for various types of routine 
military training. The following discussion analyzes current management 
plans for lands under U.S. Army jurisdiction on the island of Hawaii 
and assesses whether they meet the Service's requirements for adequate 
management or protection.
(1) Plan Provides Conservation Benefit to the Species
    The Sikes Act Improvements Act of 1997 (Sikes Act) requires each 
military installation that includes land and water suitable for the 
conservation and management of natural resources starting November 17, 
2001 to complete an Integrated Natural Resources Management Plan 
(INRMP). An INRMP integrates implementation of the military mission of 
the installation with stewardship of the natural resources found there. 
Each INRMP includes an assessment of the ecological needs on the 
installation, including needs to provide for the conservation of listed 
species; a statement of goals and priorities; a detailed description of 
management actions to be implemented to provide for these ecological 
needs; and a monitoring and adaptive management plan. Bases that have 
completed and approved INRMPs that adequately address the needs of the 
species may not meet the definition of critical habitat discussed 
above, because they may not require special management or protection. 
We would 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) there 
must be assurances that the conservation management strategies will be 
implemented, and (3) there must be 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 because special management is not 
needed.
    Critical habitat was proposed at PTA for 10 of the 47 species 
addressed in this rule (Asplenium fragile var. insulare, Hedyotis 
coriacea, Neraudia ovata, Portulaca sclerocarpa, Silene hawaiiensis, 
Silene lanceolata, Solanum incompletum, Spermolepis hawaiiensis, 
Tetramolopium arenarium, and Zanthoxylum hawaiiense). Critical habitat 
was proposed for two additional species (Isodendrion hosakae and Vigna 
o-wahuensis) on lands the Army is in the process of acquiring. The Army 
has completed an INRMP (Army 2001) and an Ecosystem Management Plan 
(Army 1998) for PTA. These plans encompass management actions that will 
benefit the 10 listed plant species for which critical habitat has been 
proposed on current Army lands and they have written a letter 
committing to amend

[[Page 39680]]

their INRMP to cover the 3 species on lands the Army is in the process 
of acquiring as part of the Transformation of the 2nd Brigade 25th 
Infantry Division (Transformation). They have a completed Wildland Fire 
Management Plan (WFMP) for MMR (Army 2000). The goal of the WFMP is to 
reduce the threat of wildfire which adversely affects threatened and 
endangered species on PTA. The Army also provides summary reports 
regarding the natural resources management projects performed under the 
Ecosystems Management Program for PTA (Evans 1998; Evans 1999; Schnell 
1998; Schnell 1999; Sherry 1999; RCUH 1997; RCUH 1998; USAG-HI 2000). 
These reports provide information on management actions which have been 
implemented.
    The INRMP describes specific actions for PTA, including anticipated 
implementation schedules. It includes many ongoing and proposed actions 
designed to address the variety of threats faced by these plant species 
at appropriate scales: species-specific, small areas, and 
installationwide. The list of ongoing and proposed actions detailed in 
the INRMP focuses management activities into the areas of wildfire 
management, nonmilitary human land use, feral ungulate control, 
invasive plant control, and other nonnative species control. As an 
example, some of the management actions that address feral ungulate 
control include: (1) The establishment and evaluation of permanent 
ungulate monitoring programs; (2) maintaining ungulate exclosure 
fencing; (3) using small-scale fencing to protect individuals and 
groupings of critically endangered plants; (4) removal of ungulates 
from fenced areas; (5) continuing semiannual aerial censuses of 
ungulates with support from the National Park Service; and (6) using 
hunter-generated ungulate harvest data to monitor ungulate population 
trends. In addition, management actions for control of nonnative plant 
species include: (1) development of a Targeted Alien Plant Taxa list 
used to prioritize control efforts; (2) control of Pennisetum setaceum 
near rare plant locations; (3) control of Salsola kali (Russian 
thistle) when infestations; (4) continuing to control of Solanum 
pseudocapsicum (Jerusalem cherry); and (5) updating the Target Alien 
Plant Taxa list as species and priorities change. The INRMP also 
includes propagating and outplanting threatened and endangered plant 
species back into areas that are managed for ungulates, weeds, and fire 
(Army 2001). Other important activities in the INRMP include: (1) 
Conducting field surveys to identify new populations of threatened and 
endangered plant species in previously unsurveyed areas and areas of 
suitable habitat; (2) maintaining a GIS database updated with results 
of field surveys; (3) determining effects of military actions on 
threatened and endangered plants species through monitoring known 
populations of threatened and endangered plant species; (4) evaluating 
and determining plant propagation needs and storage facilities; and (5) 
identifying research needs regarding pollination biology and 
establishment of a GIS database to store data to be used to monitor 
threatened and endangered plant species (Army 2001).
    In 1998 PTA constructed a greenhouse with automatic climate 
controls affected by temperature and wind speed. Adjacent to the 
greenhouse is a plant holding compound used to provide an opportunity 
for plants scheduled for outplanting to adapt to conditions more 
similar to those they will encounter when they are moved to completely 
natural environments. All 12 of the listed species are being propagated 
at the facility. More common native species are propagated for 
revegetation projects. In addition to the propagation efforts, seeds 
are collected for storage at the National Seed Storage Laboratory at 
Colorado State University. These seeds will be critical to restoration 
of listed species in the event none remain in the wild. PTA staff 
periodically conduct germination tests on some of these seeds.
    Currently there are several fenced areas on PTA that are managed 
for threatened and endangered plants. These include 755 ha (1,864 ac) 
of Kipuka Kalawamauna; 2,026 ha (5,004 ac) of Kipuka Alala; 202 ha (50 
ac) of Puu Kapele; and 14 ha (33 ac) of Silene hawaiiensis habitat. 
Temporary emergency exclosures have been placed around individuals of 
Hedyotis coriacea, Neraudia ovata, Portulaca sclerocarpa, Schiedea 
hawaiiensis, Silene lanceolata, Solanum incompletum, Tetramolopium 
arenarium and Zanthoxylum hawaiiense.
    The comprehensive list of ongoing and proposed management 
activities detailed in the INRMP addresses each of the management 
actions detailed above that the Service considers important in 
providing a conservation benefit to the species; therefore, the plan 
provides a conservation benefit to the species.
(2) Provides Assurance the Plan Will Be Implemented
    In terms of providing assurances that the management plan will be 
implemented, the INRMP provides implementation schedules and identifies 
funding needs for each installation through the year 2006, when the 5-
year update is due. Examples of those programs identified for funding 
include the Ecosystem Management Actions, Saddle Road Realignment 
Support, Biodiversity and Ecosystem Integrity, Pest Management, and 
Conservation Education and Outreach. The Army has committed to 
increased funding for their wildland fire program to ensure proactive 
fire management that will benefit threatened and endangered plant 
species through increased protection of habitat on their lands. They 
have also committed to continued funding of actions that benefit 
habitat restoration, species stabilization, and threat abatement 
(Anderson, in litt. 2003). Apart from these specific efforts, however, 
the Army has a statutory obligation to manage its lands in accordance 
with its INRMP, and we have no reason to believe that this will not 
happen.
(3) Plan Provides Assurances That the Conservation Plan Will Be 
Effective
    The plan does provide assurances that the conservation effort will 
be effective. The Army will fund and engage in activities that have 
been demonstrated to benefit threatened and endangered species (e.g., 
ungulate and invasive weed control). In addition to the extensive 
monitoring provisions contained in the INRMP and provided by the 
reporting procedures, the Army has agreed to amend its existing INRMP 
to include additional management actions for listed plants and their 
habitat at PTA. Based upon this information, activities will be revised 
to provide for the optimum conservation benefit to the listed plant 
species and their habitat (Col. David L. Anderson, Army, in litt. 
2003). Thus, the Army will monitor the effectiveness of its management 
actions and modify them, as necessary, to ensure their effectiveness.
    Thus, the Service has determined that lands on the island of Hawaii 
which fall under U.S. Army jurisdiction do not meet the definition of 
critical habitat in the Act. According to the Service's published 
recovery plans, the major extinction threats to island of Hawaii plants 
involve the persistent and expanding presence of alien species and 
their associated impacts. In general, for most of these species there 
is less relative concern associated with Federal activities or proposed 
development. Recovery of these listed species will require active 
management such as plant propagation and reintroduction, management of 
fire risk, alien species

[[Page 39681]]

removal, and ungulate and rat management. Failure to implement these 
management measures, all of which require active intervention and 
participation, virtually assures the extinction of these species. The 
Army is carrying out many of these actions on their lands, in some 
cases to a degree that surpasses that of other Federal, State, and 
private landowners in Hawaii. We are, therefore, not designating 
critical habitat on these lands. Should the status of these commitments 
change, the Service will reconsider whether these lands meet the 
definition of critical habitat. If the definition is met, we have the 
authority to propose to amend critical habitat to include identified 
areas at that time (16 U.S.C. 1533(a)(3)(B); 50 CFR 424.14(g)). 
Although these areas are removed from the final critical habitat 
designation, the number of populations for which habitat on PTA 
provides is applied toward the overall conservation goal of 8 to10 
populations for each species because these lands will be managed under 
the INRMP consistent with recovery goals.

Analysis of Impacts Under Section 4(b)(2)

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available, and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species concerned.

Economic Impacts

    Following the publication of the proposed critical habitat 
designation on May 28, 2002, a draft economic analysis was prepared to 
estimate the potential direct and indirect economic impacts associated 
with the designation, in accordance with the recent decision in N.M. 
Cattlegrowers Ass'n v. U.S. Fish and Wildlife Serv., 248 F.3d 1277 
(10th Cir. 2001). The draft analysis was made available for review on 
December 18, 2002 (67 FR 77464). We accepted comments on the draft 
analysis until the comment period closed on January 17, 2003.
    Our draft economic analysis evaluated the potential direct and 
indirect economic impacts associated with the proposed critical habitat 
designation for the 41 plant species from the island of Hawaii over the 
next 10 years. Direct impacts are those related to consultations under 
section 7 of the Act. They include the cost of completing the section 7 
consultation process and potential project modifications resulting from 
the consultation. Indirect impacts are secondary costs and benefits not 
directly related to operation of the Act. Examples of indirect impacts 
include potential effects to property values, redistricting of land 
from agricultural or urban to conservation, and social welfare benefits 
of ecological improvements.
    The categories of potential direct and indirect costs considered in 
the analysis included the costs associated with: (1) Conducting section 
7 consultations, including incremental consultations and technical 
assistance; (2) modifications to projects, activities, or land uses 
resulting from the section 7 consultations; (3) uncertainty and public 
perceptions resulting from the designation of critical habitat 
including potential effects on property values and potential indirect 
costs resulting from the loss of hunting opportunities and the 
interaction of State and local laws; and (4) potential offsetting 
beneficial costs associated with critical habitat, including 
educational benefits. The most likely economic effects of critical 
habitat designation are on activities funded, authorized, or carried 
out by a Federal agency (i.e., direct costs).
    Following the close of the comment period on the draft economic 
analysis, an addendum was completed that incorporated public comments 
on the draft analysis and made other changes as necessary. These 
changes were primarily the result of modifications made to the proposed 
critical habitat designation based on biological information received 
during the comment periods.
    The draft economic analysis and addendum addressed the impact of 
the proposed critical habitat designation that may be attributable 
coextensively to the listing of the species. Because of the uncertainty 
about the benefits and economic costs resulting solely from critical 
habitat designations, the Service believes that it is reasonable to 
estimate the economic impacts of a designation utilizing this single 
baseline. It is important to note that the inclusion of impacts 
attributable coextensively to the listing does not convert the economic 
analysis into a tool to be used in deciding whether or not a species 
should be added to the Federal list of threatened and endangered 
species.
    Together, the draft economic analysis and the addendum constitute 
our final economic analysis. The final economic analysis estimates 
that, over the next 10 years, the designation (co-extensive with the 
listing) may result in potential direct economic effects from 
implementation of section 7 ranging from approximately $46.6 million to 
$62.7 million in quantifiable costs. This decrease of approximately 
$6.6 million to $9.1 million from the draft economic analysis's 
estimated potential direct economic effects from implementation of 
section 7 results primarily from the exclusion of proposed units Hawaii 
C, D5, M1, M2, M3, M4, N1, N2, P, V, and BB from final designation and 
the significant reduction in size of the remaining proposed units 
because they lacked the primary constituent elements or were not 
essential to the conservation of the species. Overall, the largest 
portion of this estimate includes impacts on Army land that was 
proposed as critical habitat but has been removed from the final 
designation. Therefore, the direct cost of designating critical habitat 
for these 41 plant species will be far less than this estimate.
    While our final economic analysis includes an evaluation of 
potential indirect costs associated with the designation of critical 
habitat for 41 plant species on the island of Hawaii, some types of 
costs are unquantifiable. The costs that are provided are speculative 
in the sense that there is no certainty as to their being incurred, but 
we believe the numbers represent a reasonable range of costs for the 
specific actions in question, should they occur in whole or in part. 
The final economic analysis concludes that efforts to redistrict land 
as a result of this designation are likely to occur, but that there is 
no way of determining in advance the outcome of this process with 
respect to specific parcels, or of possible related litigation. 
However, such landowners may have economic costs associated with 
voluntary agreements to restrict development, and contesting 
redistricting. For land not planned for development, the analysis 
concluded that it is reasonably foreseeable that some landowners would 
see lower property values, restrictions on agricultural activity and 
costs to contest redistricting. In total, the costs associated with 
redistricting or the threat of redistricting could range from $22 to 28 
million. The final economic analysis also concludes there is an 
undetermined probability of costs ranging from $48.9 to $96.5 million 
associated with obtaining State and county development approvals, and 
includes costs associated with a loss or delay of these approvals. Some 
of these costs, however, may overlap with a portion of the 
redistricting costs (i.e.,

[[Page 39682]]

agreements to voluntarily restrict development to avoid redistricting). 
The final economic analysis estimates that landowners may spend between 
$50,000 and $181,000 to investigate the implications of critical 
habitat on their land. The economic analysis also estimates that the 
critical habitat designation could cost between $175,000 and $525,000 
for State and county environmental review (conducting a State 
Environmental Impact Statement (EIS) instead of an Environmental 
Assessment), although some of these costs may be incurred in any case, 
as some projects might require an EIS without critical habitat 
designation.
    The final economic analysis also discusses most economic benefits 
in qualitative terms rather than providing quantitative estimates 
because of the lack of information available to estimate the economic 
benefits of endangered species preservation and ecosystem improvements. 
While the quantitative estimates provided in the analysis are 
speculative, the economic analysis estimates that federally funded 
section 7 related project modifications could generate an undetermined 
percentage of $83 million to $109 million over 10 years.
    A more detailed discussion of our economic analysis is contained in 
the draft economic analysis and the addendum. Both documents are 
available for inspection at the Pacific Islands Fish and Wildlife 
Office (see ADDRESSES section).
    No critical habitat units in the proposed rule were excluded or 
modified because of economic impacts because the cost of the 
designation is not expected to be significant. The likely direct cost 
impact of designating critical habitat on Hawaii for the 41 plant 
species is estimated to be between $4.7 and $6.3 million per year over 
the next 10 years. This estimate, however, includes areas that were 
proposed as critical habitat but have been excluded under section 
4(b)(2) of the Act (see below). Therefore, the anticipated direct costs 
of designating critical habitat of these 41 species is less.
    Approximately 337 ha (833 ac) of State and private lands within two 
proposed critical habitat units (proposed Units Y1 and Y2) are excluded 
because the economic impacts of their inclusion outweigh the benefits 
provided by a designation of critical habitat. The economic analysis 
indicates that activities already planned for these two proposed units, 
including the State VOLA master planned community with over 1,000 units 
of affordable housing, the Kaloko Properties projects and the Kealakahe 
2020 environmental remediation project could incur direct costs of over 
$5 million and indirect costs ranging between $87 and $104 million. 
While there is no certainty that any or all of these indirect costs 
would be incurred, these figures are illustrative of the order of 
magnitude of the indirect impacts that could occur from the 
designation.
(1) Benefits of Inclusion
    These areas proposed for development or other uses are within 
proposed units Y1 and Y2. Proposed unit Y1 absent this exclusion would 
consist of 426 acres of private land as critical habitat for 
Isodendrion pyrifolium and 405 largely identical acres of private land 
for Neraudia ovata. It is currently unoccupied by Isodendrion 
pyrifolium, and contains 2 Neraudia ovata plants. Proposed unit Y2 
absent this exclusion would consist of 406 acres of State land for 
Isodendrion pyrifolium and 334 largely identical acres for Neraudia 
ovata. It is currently occupied by 8 individual Isodendrion pyrifolium 
plants, and is unoccupied by Neraudia ovata.
    Critical habitat for I. pyrifolium was designated on Oahu (habitat 
for three populations), Molokai (habitat for one population), Maui 
(habitat for two populations); for N. ovata on two other locations in 
Hawaii. Habitat is also provided for four populations of this species 
on the excluded lands at PTA, as discussed later in this section. (See 
``Descriptions of Critical Habitat Units'').
    If these areas were designated as critical habitat, any Federal 
agency which proposed to approve, fund or undertake any action which 
might adversely modify the critical habitat would be required to 
consult with us. This is commonly referred to as a ``Federal nexus'' 
for requiring the consultation. If the area in question were not 
occupied by the plants, this consultation would not be required absent 
the critical habitat designation. If the action affected an area 
occupied by the plants, consultation would be required even without the 
critical habitat designation. As indicated above, these two units are 
each occupied by one small population of one species of the listed 
plants.
    The draft economic analysis and final addendum indicate only one 
project associated with the exclusions within the pre-exclusion 
boundaries of these proposed units that is likely to have the required 
Federal nexus, environmental remediation of an old landfill by the non-
profit Kealakehe Ahupua'a 2020 organization (K2020). The landfill 
adjoins the pre-exclusion boundaries of proposed unit Y2 on 3 sides, 
and has internal fires. K2020 plans to secure Federal grants to 
remediate the site, including extinguishing the fires.
    This will require use of unoccupied habitat within the proposed 
boundary of unit Y2 for the landfill material while the remediation is 
conducted. The economic analysis further indicates that this project 
will be to the long-term benefit to the listed plants by reducing the 
possibilities of wildfires. However, it is anticipated that as 
mitigation for the temporary loss of this portion of the critical 
habitat, the K202 group would be required to obtain funding to manage 
two preserves to be established elsewhere within this proposed unit 
(see ``Benefits of Exclusion'' below) at a cost of $5.1 million over 
the next 10 years.
    Apart from this project a critical habitat designation will not 
directly protect the areas proposed for exclusion from any planned 
development, due to the lack of any known or anticipated ``Federal 
nexus'' for such development. However, the plants themselves are 
protected against ``take'' under State law, and thus the areas in which 
the plants are currently found are unlikely to be developed.
    Another possible benefit of a critical habitat designation is 
education of landowners and the public regarding the potential 
conservation value of these areas. This may focus and contribute to 
conservation efforts by other parties by clearly delineating areas of 
high conservation values for certain species. However, we believe that 
this educational benefit has largely been achieved. These units have 
already been identified through the proposal and final designation. In 
addition, the State has included a preserve for listed plants within 
its VOLA development project which will contribute to the long-term 
educational benefit of conserving the habitat of these species (see 
``Benefits of Exclusion'' below).
    In summary, we believe that a critical habitat designation for 
these two plant species would provide relative low additional Federal 
regulatory benefits. Except for the project discussed above, there is 
no Federal activity which might trigger the section 7 consultation 
process for these species known or anticipated for the lands to be 
excluded. The additional educational benefits which might arise from 
critical habitat designation are largely accomplished through the 
notice and comments which accompanied the development of this 
regulation, and the proposed critical habitat is known to the 
landowners. In addition, the State is planning for a

[[Page 39683]]

preserve for the areas occupied by N. ovata in proposed Unit Y2, which 
will provide ongoing educational benefits.
(2) Benefits of Exclusion
    There are three development projects currently planned within the 
pre-exclusion boundaries of proposed Units Y1 and Y2 which could suffer 
significant economic impacts due to indirect effects of the critical 
habitat designation. In addition, the $5.1 million in project 
modification costs to the K2020 landfill remediation project discussed 
above would likely be shifted from the State or from housing developers 
to the non-profit K2020 group.
    The Housing and Community Development Corporation of Hawaii has 
since 1990 had a master-planned community development project known as 
``Villages at Laiopua'' (VOLA), much of which is within the pre-
exclusion boundary of proposed unit Y2. This includes a planned 1,700 
homes within the area proposed for designation, of which 1,020, or 60%, 
would be classified as ``affordable housing''. The State of Hawaii has 
already invested $30 million in infrastructure costs, including roads, 
utilities, a High School, planning and expanding the local waste-water 
treatment plant, and some of the project has been constructed.
    The plan includes two areas totaling 38 acres to be set aside as 
preserves for the listed plants. As noted above, the final addendum to 
our economic analysis indicates it would likely cost $5.1 million over 
the next 10 years to manage these preserves. Absent the development 
being largely constructed, it is not likely that these plants would 
benefit from the management envisioned for the preserves.
    Critical habitat provides primarily prohibitive regulatory 
benefits. But in Hawaii, simply preventing ``harmful activities'' will 
not slow the extinction of listed plant species (see detailed 
discussion under ``Queen Liliuokalani Trust'', below). Establishment of 
plant preserves as planned here provide positive benefits to the 
species. In addition, in June 2002, the State enacted legislation 
allowing State entities to enter into Safe Harbor agreements and 
Habitat Conservation Plans for three designated areas, including the 
VOLA project. Absent the exclusion, it is unlikely the State would 
pursue either of these conservation options.
    In addition, there are real but undeterminable possibilities that 
designation of these areas as critical habitat would lead to loss or 
significant restriction of the project through actions not under the 
control of the Federal government but resulting from the critical 
habitat designation. These include redistricting of land, rezoning and 
other regulatory approvals, and litigation related to both.
    Hawaii has state-wide land classifications of Urban, Rural, 
Agricultural and Conservation, with restrictions on what type of 
activities can be conducted within the different classifications. The 
State Department of Land and Natural Resources commented on this 
proposal that they would be required to initiate rezoning of lands 
designated as critical habitat into the ``Conservation'' 
classification, which prohibits development.
    While there is a low probability that the State Land Use Commission 
would finally vote to redistrict the lands proposed for the VOLA 
project, that possibility exists. In addition, there could well be 
litigation designed to either force the Commission to act or to have a 
court make the decision.
    If the project were unable to proceed, the Housing and Community 
Development Corporation would lose the $30 million in sunk costs, and 
the affordable housing units that would have been constructed. Although 
the final addendum to the economic analysis assigns a cost to the loss 
of the affordable units of $4.8 million, there could well be 
considerable non-monetary social costs as well, particularly inasmuch 
as the available information indicates that there are no other 
affordable housing projects planned within the next 10 years.
    The second project within the excluded areas is known as the Kaloko 
Properties/Kaloko Town Center. This project has been underway since 
1987, and covers 1,150 acres, of which 335, or 29%, is within the pre-
exclusion boundary of the proposed units. The developers have already 
expended over $20 million for infrastructure improvements, engineering 
and related costs, which approximately $5.8 (by percentage allocation) 
is associated with the portion of the project within the proposed 
critical habitat. This project will need both redistricting from the 
State and rezoning from the county for portions of the land. The final 
addendum to the economic analysis finds there is a reasonably 
foreseeable chance that the designation of critical habitat would 
affect this development.
    In the worst-case scenario, the State or county might decide not to 
grant the discretionary approvals needed for the project--redistricting 
and rezoning--or might be prevented from doing so by litigation. This 
could lead to loss of the $5.8 million in sunk costs for the portion of 
the property within the proposed critical habitat, or of the entire $20 
million investment. In addition, there would be an estimated loss of 
future profits from the land proposed for inclusion within the critical 
habitat of between $39 to $78 million. Using a present value discount, 
this loss would range between $17 and $34 million. There could also be 
the loss of all project revenues in the event the inability to utilize 
the lands within the critical habitat designation caused the failure of 
the entire project.
    Alternatively, in an effort to avoid those situations, the 
developer might offer additional restrictions on the development. The 
final addendum estimates, with admitted imprecision, that these costs 
might range from $1.1 to $2 million for the portion of the project 
within the proposed designation.
    The possibility of significant economic impacts to this project, 
while not certain, clearly exist. As noted above, we cannot find 
offsetting benefits from the designation of critical habitat in these 
two units which exceed the benefits of avoiding these possible economic 
costs.
    The last project for which we are excluding areas for economic 
reasons is the environmental remediation of an old landfill by the non-
profit K2020 organization discussed above. The landfill adjoins the 
pre-exclusion boundaries of proposed unit Y2 on 3 sides, and has 
internal fires. K2020 plans to secure Federal grants to remediate the 
site, including extinguishing the fires.
    This will require use of unoccupied habitat within the boundary of 
proposed unit Y2 for the landfill material while the remediation is 
conducted. The economic analysis further indicates that this project 
will be to the long-term benefit to the listed plants by reducing the 
possibilities of wildfires. However, it is anticipated that as 
mitigation for the temporary loss of this portion of the critical 
habitat, the K202 group would be required to obtain funding to manage 
two preserves to be established in connection with the VOLA project, at 
a cost of $5.1 million over the next 10 years. Requiring this non-
profit group to mitigate for use of unoccupied critical habitat to 
remediate an environmental problem, when the remediation will 
ultimately benefit the species, does not provide an overall 
conservation benefit to the species. This funding could well come from 
funds otherwise intended for conservation purposes in Hawaii, or the 
cost could cause the group to abandon the project.

[[Page 39684]]

(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    The VOLA project has already been troubled by litigation and 
defaulting developers; additional regulatory or legal uncertainties 
arising from this designation could well cause further delays or kill 
the project altogether. If this were to occur, the Housing and 
Community Development Corporation would lose the $30 million in sunk 
costs, and the affordable housing units that would have been 
constructed. Although the final addendum to the economic analysis 
assigns a cost to the loss of the affordable units of $4.8 million, 
there could well be considerable non-monetary social costs as well, 
particularly inasmuch as the available information indicates that there 
are no other affordable housing projects planned within the next 10 
years.
    We do not find that the benefits from the designation of critical 
habitat for lands within the VOLA project, as discussed above, exceed 
the benefits of avoiding the possible economic and social costs which 
could well arise from this designation.
    For the Kaloko Properties/Kaloko Town Center, there is also the 
real possibility that the designation of critical habitat could lead to 
loss of necessary regulatory approvals. This in turn could lead to loss 
of the $5.8 million in sunk costs for the portion of the property 
within the proposed critical habitat, or of the entire $20 million 
investment. In addition, there would be an estimated loss of future 
profits from the land proposed for inclusion within the critical 
habitat of between $39 to $78 million. Using a present value discount, 
this loss would range between $17 and $34 million. (There could also be 
the loss of all project revenues in the event the inability to utilize 
the lands within the critical habitat designation caused the failure of 
the entire project.) Alternatively, in an effort to avoid those 
situations, the developer might offer additional restrictions on the 
development. The final addendum estimates, with admitted imprecision, 
that these costs might range from $1.1 to $2 million for the portion of 
the project within the proposed designation.
    We do not find that the benefits from the designation of critical 
habitat for lands within the VOLA project, as discussed above, exceed 
the benefits of avoiding the possible economic costs which could well 
arise from this designation.
    We note that the developers of this project contacted us after the 
close of the comment period offering to undertake a number of actions 
designed to provide conservation benefits to the species. Specifically, 
the offer included: (1) To set aside 100 to 130 acres within the 
proposed unit Y2; (2) enter into good faith negotiations with the 
Federal, State or county entities for acquisition of the area; (3) 
agree to enter into a Safe Harbor agreement with us; and (4) to enter 
into a memorandum of understand or cooperative agreement to address 
habitat protection, monitoring and management actions for the remainder 
of their property relating to these species (and Blackburn's sphinx 
moth).
    Due to the court-ordered date by which this designation must be 
completed, we were unable to conclude such an agreement prior to 
issuing this notice and regulation. If we had been able to do so, this 
is the type of agreement for which we have found in other cases that 
the conservation benefits of the agreement exceed the benefits of 
designation and thus warrant exclusion (See discussions below). We have 
generally not made exclusions under section 4(b)(2) based on offers of 
conservation agreements, and we are not doing so here. However, we do 
believe the ability to pursue this proposal, and a Safe Harbor 
agreement with the State, are secondary benefits of the exclusions, in 
that neither would likely remain a possibility without the exclusions. 
A decision by the State and the developers to follow through on this 
offer might well be in both their and the species best interest.
    We also note that while preparing an original critical habitat 
proposal and designation is extremely costly and time-consuming, a 
revision to a designation, where all of the appropriate biological and 
economic information is already available, could be relatively easy. We 
will closely monitor the status of the listed plants within this 
exclusion and will be prepared to take necessary actions in the event 
their situation warrants it.
    For the non-profit K2020 organization, the designation of critical 
habitat could add an additional $5.1 million in direct costs to their 
effort to remediate a burning old landfill, as discussed above. 
Requiring this non-profit group to raise and expend $5.1 million for 
use of unoccupied critical habitat to remediate an environmental 
problem, when the remediation will ultimately benefit the species, does 
not provide an overall conservation benefit to the species. This 
funding could well come from funds otherwise intended for conservation 
purposes in Hawaii, or the cost could cause the group to abandon the 
project. We accordingly believe the benefit of excluding the lands 
needed for the remediation effort, thus saving the group the $5.1 
million cost and making it more likely that the landfill will be 
remediated, exceed the benefit of designating these lands as critical 
habitat.
(4) Exclusion of These Units Will Not Cause Extinction of the Species
    Proposed units Y1 and Y2 on State and private lands provide 
occupied and unoccupied habitat for two species: Isodendrion pyrifolium 
and Neraudia ovata. According to our published recovery plans, recovery 
of these two species will require reproducing, self-sustaining 
populations located in a geographic array across the landscape, with 
population numbers and population locations of sufficient robustness to 
withstand periodic threats caused by natural disaster or biological 
threats (Service 1996, 1998). The highest priority recovery tasks 
include active management, such as plant propagation and 
reintroduction, fire control, nonnative species removal, and ungulate 
fencing. Failure to implement these active management measures on this 
and other units, all of which require voluntary landowner support and 
participation, virtually assures the extinction of these species in the 
wild. Many of these types of conservation actions in this area of the 
island of Hawaii will be carried out as part of a partnership with the 
Service and by actions taken on the landowner's initiative. These 
activities, which are described in more detail below, require 
substantial voluntary cooperation.
    For both species, we conclude, based on all of the information 
available to us, that the projects proposed for the areas to be 
excluded will not adversely impact existing populations of either 
listed species. In addition, the Hawaii Housing and Community 
Development Corporation has proposed the creation of preserves for the 
plant with the VOLA development, which would be actively managed for 
the benefit of the plants. As noted below in detail, active management 
is an essential need of these species, one which cannot be accomplished 
through a critical habitat designation alone. Finally, we note that in 
Hawaii State law protected Federally listed plants against direct take, 
a protection not found in the ESA.
    If a critical habitat designation reduces the likelihood that 
voluntary conservation activities will be carried out on the island of 
Hawaii, and at the same time fails to confer a counter-balancing 
positive regulatory or educational benefit to the species, then the 
benefits of excluding such areas

[[Page 39685]]

from critical habitat outweigh the benefits of including them. 
Although, the results of this type of evaluation will vary 
significantly depending on the landowners, geographic areas, and 
species involved, we believe the State and private lands in proposed 
units Hawaii Y1 and Y2 merit this evaluation.

Other Impacts

U.S. Army Lands
    As described in the ``Analysis of Managed Lands Under Section 
3(5)(A)'' section above, based on our evaluation of the adequacy of 
special management and protection that is provided in the Army's INRMP 
for PTA (Department of the Army 2002) for the plant species addressed 
in this proposal which are found on Army land, in accordance with 
section 3(5)(A)(i) of the Act, we have not included the Army's PTA in 
this final designation of critical habitat. However, to the extent that 
special management considerations and protection may be required for 
this area and it would meet the definition of critical habitat 
according to section 3(5)(A)(i), it is properly excluded from 
designation under section 4(b)(2) of the Act, based on the following 
analysis.
    As explained below, we believe the benefits of designating critical 
habitat for the 12 species at PTA (Asplenium fragile var. insulare, 
Hedyotis coriacea, Isodendrion hosakea, Neraudia ovata, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, and Zanthoxylum hawaiiense) and the lands being acquired as 
part of their ``Transformation'' to a Stryker Brigade Combat Team are 
relatively low and outweighed by the benefits of excluding these lands 
from critical habitat. We also have concerns that a critical habitat 
designation may negatively impact the Army's ability to effectively 
carry out a recently proposed training and equipment conversion program 
on the island of Hawaii.
    The Army's PTA, including the lands being acquired for 
``Transformation,'' is occupied habitat for 12 species, as referenced 
above. A total of 28,384 ha (70,138 ac) are excluded from final 
critical habitat, all of which is considered occupied by one or more 
listed species.
    According to our published recovery plans, recovery of these 12 
species will require reproducing, self-sustaining populations located 
in a geographic array across the landscape, with population numbers and 
population locations of sufficient robustness to withstand periodic 
threats caused by to natural disaster or biological threats (Service 
1994, 1995a, 1995b, 1996a, 1996b, 1996c, 1996d, 1997a, 1998a, 1998b, 
1998c, 1999). The highest priority recovery tasks include proactive 
management such as plant propagation and reintroduction, fire control, 
nonnative species removal, and ungulate fencing. Failure to implement 
these active management measures, all of which require voluntary 
landowner support and participation, increases the likelihood that 
species will go extinct or not recover. The Army is undertaking many of 
these types of conservation actions on their land on the island of 
Hawaii as part of the implementation of the INRMP for PTA. These 
activities, which are described in more detail in the ``Analysis of 
Managed Lands Under Section 3(5)(A)'' section, require substantial 
financial obligations by the Army and cooperation with other agencies, 
landowners, and local residents.
    The following analysis describes the likely positive and negative 
impacts of a critical habitat designation on Army land compared to the 
likely positive and negative impacts of a critical habitat exclusion of 
that land. The Service paid particular attention to the following 
issues: to what extent a critical habitat designation would confer 
additional regulatory, educational, and social benefits; and to what 
extent would critical habitat interfere with the Army's ongoing 
proactive conservation actions.
(1) Benefits of Designating U.S. Army Lands as Critical Habitat
    Pohakuloa Training Area contains habitat essential to the 
conservation of the 12 species listed above. The primary regulatory 
benefit provided by a critical habitat designation on Army land is the 
requirement under section 7 of the Act that any actions authorized, 
funded, or carried out by the Army would not destroy or adversely 
modify any critical habitat, which includes an evaluation on the 
effects of the action on recovery of the species. However, as discussed 
above, all of the critical habitat proposed at PTA is occupied by 
listed species and thus section 7 consultation would already be 
required.
    In addition, any net benefit of this aspect of critical habitat has 
been significantly minimized by the Army's commitment to coordinate 
with the Service on any of its activities that may adversely affect 
areas whether occupied or unoccupied by listed species that are 
considered essential to their conservation (i.e., proposed as critical 
habitat) (Anderson, in litt. March 20, 2003). In fact, for the current 
consultation at PTA, which includes the areas being acquired for 
``Transformation,'' the Army is evaluating impacts of its ongoing and 
future training activities on habitat considered essential to the 
conservation, including habitat unoccupied by listed species.
    Moreover, the section 7 mandate to avoid destroying critical 
habitat does not extend to requiring plant reintroductions or other 
proactive conservation measures (e.g., ungulate control) considered 
essential to the conservation of the species. As discussed above, the 
major threat to these species is the persistent and expanding presence 
of alien species. Failure to implement proactive management measures 
such as alien species removal and ungulate and rat management, as well 
as management of fire risk and plant propagation and reintroduction, 
may result in extinction of these species even with a critical habitat 
designation. These actions are, however, included in the Army's INRMP 
for PTA and will provide tangible benefits that will reduce the 
likelihood of extinction and increase the chances of recovery.
    Another potential benefit of a critical habitat designation on this 
Army land is the education of the Army and the general public 
concerning the conservation value of this land. While we believe these 
educational benefits are important for the conservation of these 
species, we believe it has already been achieved through the Army's 
INRMP (for example, most of the INRMP's biologically sensitive areas 
overlap with proposed critical habitat), publication of the proposed 
critical habitat rule, the many public and interagency meetings that 
have been held to discuss the proposal, and discussion contained in 
this final rule.
    In sum, the Army will manage for the conservation of all of these 
species through their INRMP process; this management will confer 
significant conservation benefits to the species that would not 
necessarily result from the section 7 consultation process. In 
addition, the Army has agreed to coordinate with the Service on any 
actions that may affect essential habitat areas (whether occupied or 
unoccupied by the listed species) even if these areas are not 
designated as final critical habitat. Taken together, these two 
management commitments by the Army lead the Service to conclude that 
any additional incremental regulatory benefits provided by a final 
critical habitat designation on Army lands would be relatively small.

[[Page 39686]]

(2) Benefits of Excluding U.S. Army Lands From Critical Habitat
    When evaluating the potential negative impacts of a critical 
habitat designation and the potential benefits of excluding Army land 
from final critical habitat, the Service considered whether critical 
habitat designation would affect Army's military mission at PTA.
    As noted above, these plants will need actions that proactively 
remove existing threats and that include propagation and reintroduction 
into unoccupied areas if they are to recover. Neither section 7 
consultations nor a critical habitat designation would necessarily 
result in the implementation of actions needed for recovery of these 
species.
    The Army is engaged in or has committed to engage in a wide variety 
of proactive conservation management activities that are set out in the 
``Analysis of Managed Lands Under Section 3(5)(A)'' section of this 
rule.
    The Service also considered whether a final critical habitat 
designation would negatively impact the Army's military mission. 
Overall, the Service believes it has been able to work closely and in a 
positive collaborative fashion with the Army to minimize potential 
negative impacts to the Army's military training activities as a 
consequence of Endangered Species Act regulation.
    However, the 2nd Brigade of the 25th Infantry Division (Light) 
based at PTA has recently been selected to participate in the 
experimental ``Transformation'' of its force to a lighter rapidresponse 
force known as a Stryker Brigade Combat Team. The Army has stated that 
a final critical habitat designation may lead to disruption in training 
and a delay of construction of required training facilities if the Army 
has to consult on the impacts to newly designated critical habitat. The 
active training areas allow the troops to attain skills to respond to 
enemy fire quickly and accurately and to train in offensive operations. 
The natural and physical attributes of the training areas in Hawaii 
realistically mirror the battlefield conditions found in other nations 
in the Pacific region. As these training conditions are not found 
anywhere else in the continental United States, the Army states that it 
is imperative that the utilization of the military training 
installations in Hawaii not be impeded by additional requirements 
associated with section 7 consultations on critical habitat 
designations.
(3) The Benefits of Excluding Army Lands From Critical Habitat Outweigh 
the Benefits of Inclusion
    Based on the above considerations, and in accordance with section 
4(b)(2) of the Act, we have determined that the benefits to national 
security of excluding the Army's PTA from critical habitat, as set 
forth above, outweigh the benefits of including this land in critical 
habitat for the 12 species listed above. We have carefully weighed the 
relative benefits of each option.
    Although these areas within Army land are removed from the final 
critical habitat designation, the Service still considers them 
essential to the conservation of these species. The number of 
populations for which the habitat on these installations provides is 
applied towards the overall recovery goal of 8 to 10 populations for 
each species (see discussion below), and it is anticipated that these 
lands will be managed under the Army's INRMP for PTA consistent with 
the conservation goals for these species.
(4) Exclusion of This Unit Will Not Cause Extinction of the Species
    For both the three endemic (Isodendrion hosakea, Neraudia ovata, 
and Silene hawaiiensis) and the nine multi-island species (Asplenium 
fragile var. insulare, Hedyotis coriacea, Portulaca sclerocarpa, Silene 
lanceolata, Solanum incompletum, Spermolepis hawaiiensis, Tetramolopium 
arenarium, Vigna o-wahuensis, and Zanthoxylum hawaiiense), the Service 
concludes that the Army's mission and management plan (e.g., INRMP) 
will provide more net conservation benefits than would be provided if 
these areas were designated as critical habitat. This management plan, 
which is described above, will provide tangible conservation benefits 
that will reduce the likelihood of extinction for the listed plants in 
these areas of the island of Hawaii and increase their likelihood of 
recovery. Further, all of this area is occupied by all 12 species and 
thereby benefits from the section 7 protections of the Act. The 
exclusion of these areas will not increase the risk of extinction to 
any of these species, and it may increase the likelihood these species 
will recover by encouraging other landowners to implement discretionary 
conservation activities as the Army has done.
    In addition, critical habitat is being designated on other areas of 
the island of Hawaii for the three endemic species, and critical 
habitat has been designated elsewhere on the island, and/or designated 
or proposed on other islands, for eight of the remaining nine multi-
island species consistent with the guidance in recovery plans. These 
other designations identify conservation areas for the maintenance and 
expansion of the existing populations.
    Critical habitat is not designated for Tetramolopium arenarium on 
the island of Hawaii because the areas containing the physical and 
biological features essential to the conservation of this species are 
on excluded lands at PTA. Critical habitat was not designated on Maui 
because we were not able to identify the physical and biological 
features that are considered essential to the conservation of this 
species on the island of Maui.
    In sum, the above analysis concludes that the exclusion of these 
lands will not cause extinction and should in fact improve the chances 
of recovery for all 12 species.

Private Lands

Kamehameha Schools
    The portion of proposed units Hawaii G, W, and Z on Kamehameha 
Schools lands is occupied habitat for six species: Bonamia menziesii, 
Cyanea stictophylla, Delissea undulata, Phyllostegia racemosa, 
Phyllostegia velutina, and Pleomele hawaiiensis and unoccupied habitat 
for three species: Argyroxiphium kauense, Cyanea shipmanii, and 
Neraudia ovata. According to our published recovery plans, recovery of 
these species will require reproducing, self-sustaining populations 
located in a geographic array across the landscape, with population 
numbers and population locations of sufficient robustness to withstand 
periodic threats caused by natural disaster or biological threats 
(Service 1994, 1995a, 1996a, 1996b, 1996c, 1997a, 1998a, 1998b, 1998c, 
1999). The highest priority recovery tasks include active management 
such as plant propagation and reintroduction, fire control, nonnative 
species removal, and ungulate fencing. Failure to implement these 
active management measures, all of which require voluntary landowner 
support and participation, virtually assures the extinction of these 
species. Many of these types of conservation actions in these areas of 
the island of Hawaii are carried out as part of Kamehameha School's 
participation with landowner incentive-based programs and by actions 
taken on the landowner's initiative. These activities, which are 
described in more detail below, require substantial voluntary 
cooperation by Kamehameha Schools and other cooperating landowners and 
local residents.

[[Page 39687]]

    The following analysis describes the likely conservation benefits 
of a critical habitat designation compared to the conservation benefits 
without critical habitat designation. We paid particular attention to 
the following issues: To what extent a critical habitat designation 
would confer regulatory conservation benefits on these species; to what 
extent the designation would educate members of the public such that 
conservation efforts would be enhanced; and whether a critical habitat 
designation would have a positive, neutral, or negative impact on 
voluntary conservation efforts on this privately owned land as well as 
other non-Federal lands on the island of Hawaii that could contribute 
to recovery.
    If a critical habitat designation reduces the likelihood that 
voluntary conservation activities will be carried out on the island of 
Hawaii, and at the same time fails to confer a counter-balancing 
positive regulatory or educational benefit to the species, then the 
benefits of excluding such areas from critical habitat outweigh the 
benefits of including them. Although the results of this type of 
evaluation will vary significantly depending on the landowners, 
geographic areas, and the species involved, we believe the Kamehameha 
Schools lands on the island of Hawaii merit this evaluation.
(1) Benefits of Inclusion
    Critical habitat in the Kamehameha Schools portion of units Hawaii 
G, W, and Z was proposed for the following species: Argyroxiphium 
kauense, Bonamia menziesii, Cyanea shipmanii, Cyanea stictophylla, 
Delissea undulata, Neraudia ovata, Phyllostegia racemosa, Phyllostegia 
velutina, and Pleomele hawaiiensis. The primary direct benefit of 
inclusion of these lands as critical habitat would result from the 
requirement under section 7 of the Act that Federal agencies consult 
with us to ensure that any proposed Federal actions do not destroy or 
adversely modify critical habitat.
    The benefit of a critical habitat designation would ensure that any 
actions funded by or permits issued by a Federal agency would not 
likely destroy or adversely modify any critical habitat. Without 
critical habitat, some site-specific projects might not trigger 
consultation requirements under the Act in areas where species are not 
currently present; in contrast, Federal actions in areas occupied by 
listed species would still require consultation under section 7 of the 
Act.
    Historically, we have conducted only two formal and 21 informal 
consultations under section 7 on the island of Hawaii for any of the 41 
plant species. Only two consultations involved Kamehameha Schools 
lands, both of which were intra-Service consultations on conservation 
projects. One consultation was regarding a project to restore Opaeula 
Pond; however, none of the 47 species at issue were involved. The other 
consultation was regarding restoring dryland forest. The proposed 
restoration actions were found to benefit two species at issue here, 
Bonamia menziesii and Nototrichium breviflorum. As a result of the low 
level of previous Federal activity on Kamehameha Schools lands on the 
island, and after considering that the likely future Federal activities 
that might occur on these lands would be minimal and associated with 
Federal funding for conservation activities, it is our opinion that 
there is likely to be a low number of future Federal activities that 
would negatively affect habitat on Kamehameha Schools lands. A Federal 
nexus is anticipated in association with the finalization of a Safe 
Harbor Agreement and issuance of an enhancement of survival permit; 
however, these activities will have a net conservation benefit for the 
species concerned. Therefore, we anticipate little additional 
regulatory benefit from including this portion of units Hawaii G, W, 
and Z in critical habitat beyond what is already provided for by the 
existing section 7 nexus for habitat areas occupied by the listed 
extant species.
    Another possible benefit is that the designation of critical 
habitat can serve to educate the public regarding the potential 
conservation value of an area, and this may focus and contribute to 
conservation efforts by other parties by clearly delineating areas of 
high conservation value for certain species. Information about the nine 
species for which critical habitat was proposed in this portion of 
units Hawaii G, W, and Z that reaches a wide audience, including other 
parties engaged in conservation activities, could have a positive 
conservation benefit. This result has been achieved through an 
exhaustive process that involved dozens of public and interagency 
meetings, media outreach including front-page articles in major 
newspapers, and several publications in the Federal Register. Final 
species-specific maps identifying habitat areas essential to the 
conservation of these species on Kamehameha Schools lands have been 
prepared and will be provided to Kamehameha Schools and other 
interested parties. These maps will ensure Kamehameha Schools is 
completely informed regarding what precise areas are important to which 
species.
    In addition, we believe that education of relevant sectors of the 
public is being achieved through the existing management and education 
efforts carried out by Kamehameha Schools and their conservation 
partners. Kamehameha Schools participates in the Olaa-Kilauea 
Management Partnership along with Federal and State agencies, along 
with other private landowners, to protect the biological resources of 
the Olaa-Kilauea area.
    In sum, we believe that a critical habitat designation for listed 
plants on Kamehameha Schools lands would provide a relatively low level 
of additional regulatory conservation benefits to each of the plant 
species beyond what is already provided by existing section 7 
consultation requirements caused by the physical presence of the nine 
listed species. Any regulatory conservation benefits would accrue 
through the benefit associated with additional section 7 consultation 
associated with critical habitat. Based on a review of past 
consultations and consideration of the likely future activities in this 
specific area, we expect little Federal activity that would trigger 
section 7 consultation to occur on this privately owned land. We also 
believe that critical habitat designation would provide little 
additional educational benefit since the conservation value is already 
known by the landowner, the State, Federal agencies, and private 
organizations, and the area has been identified as essential to the 
conservation of nine plant species through publication in the proposed 
critical habitat rule and this final rule.
(2) Benefits of Exclusion
    Proactive voluntary conservation efforts are necessary to prevent 
the extinction and promote the recovery of these species on the island 
of Hawaii and other Hawaiian islands (Shogren et al. 1991; Wilcove and 
Chen 1998; Wilcove et al. 1998). Consideration of this concern is 
especially important in areas where species have been extirpated and 
their recovery requires access and permission for reintroduction 
efforts (Bean 2002; Wilcove et al. 1998). For example, three of the 
nine species associated with proposed units Hawaii G, W, and Z are 
extirpated from Kamehameha Schools lands, and repopulation is likely 
not possible without human assistance and landowner cooperation.
    Kamehameha Schools is involved in several important voluntary 
conservation agreements and is currently carrying out some of these

[[Page 39688]]

activities for the conservation of these species. They have developed 
two programs that demonstrate their conservation commitments, Aina Ulu 
and Malama Aina. The Aina Ulu program implements land based education 
programs, whereas Malama Aina delivers focused stewardship of natural 
resources.
    Malama Aina has been focused in two distinct areas, Keauhou in Kau 
District and North-South Kona, with a budget commitment in 2002 of 
$1,000,000, not including staff expenses. Kamehameha Schools has more 
than 25 years of stewardship experience at Keauhou in Kau District, 
which includes the Olaa-Kilauea Management partnership project entered 
into on July 6, 1994. This area is within proposed critical habitat 
unit Hawaii G. The vision for Keauhou is to restore the native 
ecosystems in order to utilize the entire area for education and 
cultural enrichment by using sustainable economic ventures to support 
these programs. Activities within this program include timber 
certification, large and small mammal control, weed control, koa 
thinning, propagation and outplanting of both rare and common native 
plants, inventory, monitoring and data analysis of stewardship efforts, 
access road improvement, refuse clean up, and the purchase of Keauhou 
Ranch. Participating partners include: Cultural practitioners (the 
Edith Kanakaole Foundation and the Polynesian Voyaging Society), 
ranching and timber interests (Hawaii Forest Industry Association), 
researchers and scientists (University of Hawaii at Manoa and Hilo, the 
Zoological Society of San Diego, U.S. Forest Service, Hawaiian 
Silversword Foundation, and USGS-BRD), educators (Nawahi Charter 
School), natural resource managers (Olaa-Kilauea Management Group, 
DOFAW, the Service, HVNP, and The Nature Conservancy of Hawaii (TNCH)). 
Malama Aina has allocated $681,000, and Aina Ulu has allocated $33,000. 
Preservation of this area conserves critically endangered species of 
plants and animals in a mix of ecosystems with microenvironments 
required by some of Hawaii's rarest plants and animals, including 
endangered forest birds and lobeliads (plants in the family 
Campanulaceae). This management strategy is consistent with recovery of 
these species.
    Kamehameha's Schools North-South Kona natural resource conservation 
efforts focus on three distinct areas: Honaunau Forest and Honaunau 
Uka, Kaupulehu Kauila Lama Forest and Kaupulehu Uka, and Pulehua. 
Kamehameha Schools started a weed control program in 2002 in Honaunau 
Forest and Honaunau Uka. In both the Forest and Uka areas, they will 
continue the weed control program, along with a timber certification 
program to write certifiable plans and complete inventories. In the 
Honaunau Uka area, they will construct an ungulate exclosure fence and 
issue a contract for a botanical survey, and in the Honaunau Forest the 
road will be maintained. Funds allocated for the implementation of 
these projects total $52,500 to Honaunau Forest and $29,500 to Honaunau 
Uka. Kaupulehu Kauila Lama Forest and Kaupulehu Uka lie within the 
proposed critical habitat unit Hawaii Z. Conservation activities in the 
Aina Ulu program at Kaupulehu Kauila Lama Forest include an intern 
program, an outreach coordinator, multimedia curriculum development, 
small mammal and weed control, road maintenance, installation of self-
composting toilets, and precious wood-gathering. Funds allocated for 
these projects total $70,700. Malama Aina projects at Kaupulehu Uka 
include timber certification, large mammal and weed control, ungulate 
exclosure fencing, inventory, monitoring and data analysis of 
conservation actions and road maintenance. Funds allocated for those 
projects total $101,000. Partners include: Hawaii Forest Industry 
Association, the Service, DOFAW, local residents, PIA Sports Properties 
(lessee), U.S. Forest Service, National Tropical Botanical Garden 
(lessee), and Honokaa High School. Pulehua lies within proposed 
critical habitat unit Hawaii W. Conservation efforts at Pulehua are in 
the beginning stages. Conservation projects in 2003 will focus on weed 
control, with $7,500 allocated. In 2002, an ungulate control program 
was initiated, which included $7,000 to study ungulate issues in Kona. 
This year's budget includes $35,000 for ungulate control, with an 
additional $40,000 to construct enclosures to measure the success of 
the control efforts.
    Because Kamehameha Schools' goal is to improve habitat for 
threatened and endangered species, the district is developing a Safe 
Harbor Agreement with the Service and the State through the Safe Harbor 
program. The Safe Harbor program encourages proactive management to 
benefit endangered and threatened species on non-Federal lands by 
providing regulatory assurances to landowners that no additional 
Endangered Species Act restrictions will be imposed on future land, 
water, or resource use for enrolled lands. The Safe Harbor Agreement 
would include lands within proposed critical habitat units W and Z. The 
purpose of Kamehameha Schools' Safe Harbor Agreement is to encourage 
voluntary restoration and enhancement of habitat for threatened and 
endangered species, and to enable certain species to be reintroduced 
onto Kamehameha Schools' lands where such species formerly occurred, 
including the bird species palila (Loxoides bailleui), as well as 
Argyroxiphium kauense and Delissea undulata. Some of the conservation 
activities planned under this Agreement include fencing areas 
containing mamane (Sophora chrysophylla), removal of ungulates, control 
of ungulates in areas that are not fenced, removal of predators (e.g., 
rats), and the release of palila into the area. Currently, the 
Agreement being developed includes only the palila. However, other 
listed and candidate animal and plant species and other conservation 
activities will be added in the future (Peter Simmons, Kamehameha 
Schools, in litt. 2003).
    As described earlier, Kamehameha Schools has a history of entering 
into conservation agreements with various Federal and State agencies 
and private organizations on biologically important portions of their 
lands. These arrangements have taken a variety of forms. They include 
partnership commitments such as the Olaa-Kilauea Partnership and the 
Dryland Forest Working Group. The listed plant species originally 
included within the Kamehameha Schools portion of proposed units Hawaii 
G, W, and Z will benefit substantially from their voluntary management 
actions because of a reduction in ungulate browsing and habitat 
conversion, a reduction in competition with nonnative weeds, a 
reduction in risk of fire, and the reintroduction of species currently 
extirpated from various areas and for which the technical ability to 
propagate these species currently exists or will be developed in the 
near future.
    The conservation benefits of critical habitat are primarily 
regulatory or prohibitive in nature. But on the island of Hawaii, 
simply preventing ``harmful activities'' will not slow the extinction 
of listed plant species. Where consistent with the discretion provided 
by the Act, we believe it is necessary to implement policies that 
provide positive incentives to private landowners to voluntarily 
conserve natural resources, and that remove or reduce disincentives to 
conservation (Michael 2001; Michael, in press). Thus, we believe it is 
essential for the recovery of these nine species to build on continued 
conservation activities, such as these with a proven

[[Page 39689]]

partner, and to provide incentives for other private landowners on the 
island of Hawaii who might be considering implementing voluntary 
conservation activities but have concerns about incurring incidental 
regulatory or economic impacts.
    Approximately 80 percent of imperiled species in the United States 
occur partly or solely on private lands where the Service has little 
management authority (Wilcove et al. 1996). In addition, recovery 
actions involving the reintroduction of listed species onto private 
lands require the voluntary cooperation of the landowner (Bean 2002; 
James 2002; Knight 1999; Main et al. 1999; Norton 2000; Shogren et al. 
1999; Wilcove et al. 1998). Therefore, ``a successful recovery program 
is highly dependent on developing working partnerships with a wide 
variety of entities, and the voluntary cooperation of thousands of non-
Federal landowners and others is essential to accomplishing recovery 
for listed species'' (Crouse et al. 2002). Because large tracts of land 
suitable for conservation of threatened and endangered species are 
mostly owned by private landowners, successful recovery of listed 
species on the island of Hawaii is especially dependent upon working 
partnerships and the voluntary cooperation of private landowners.
    Kamehameha Schools owns over 6,800 acres of land proposed as 
critical habitat in the Agricultural District. According to the final 
economic analysis, if this land were redistricted to the Conservation 
District, the total potential loss in property value could be more than 
approximately $1,997,000. They could also spend over $50,000 contesting 
a proposed redistricting. Thus, designation of critical habitat on 
Kamehameha Schools land could result in an economic impact to the Trust 
of over $2 million.
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    Based on the above considerations, we have determined that the 
benefits of excluding the Kamehameha Schools lands in proposed units 
Hawaii G, W, and Z as critical habitat outweigh the benefits of 
including them as critical habitat for Argyroxiphium kauense, Bonamia 
menziesii, Cyanea shipmanii, Cyanea stictophylla, Delissea undulata, 
Neraudia ovata, Phyllostegia racemosa, Phyllostegia velutina, and 
Pleomele hawaiiensis.
    This conclusion is based on the following factors:
    1. A substantial amount of the Kamehameha Schools lands in proposed 
units Hawaii G, W, and Z is currently being managed by the landowner on 
a voluntary basis in cooperation with us, cultural practitioners (the 
Edith Kanakaole Foundation and the Polynesian Voyaging Society), 
ranching and timber interests (Hawaii Forest Industry Association), 
researchers and scientists (UH Manoa and Hilo, the Zoological Society 
of San Diego, U.S. Forest Service, Silversward Foundation, and USGS-
BRD), educators (Nawahi Charter School), and natural resource managers 
(Olaa-Kilauea Management Group, DOFAW, HVNP, National Tropical 
Botanical Garden, and TNCH) to achieve important conservation goals.
    2. In the past, Kamehameha Schools has cooperated with Federal and 
State agencies and private organizations to implement voluntary 
conservation activities on their lands that have resulted in tangible 
conservation benefits.
    3. Simple regulation of ``harmful activities'' is not sufficient to 
conserve these species. Landowner cooperation and support is required 
to prevent the extinction and promote the recovery of all of the listed 
species on this island, because of the need to implement proactive 
conservation actions such as ungulate management, weed control, fire 
suppression, plant propagation, and outplanting. This need for 
landowner cooperation is especially acute because the proposed units 
Hawaii G, W, and Z are unoccupied by three of the nine species. Future 
conservation efforts, such as translocation of these three plant 
species back into unoccupied habitat on these lands, will require the 
cooperation of Kamehameha Schools. Exclusion of Kamehameha Schools 
lands from this critical habitat designation will help the Service 
maintain and improve this partnership by formally recognizing the 
positive contributions of Kamehameha Schools to plant recovery, and by 
streamlining or reducing unnecessary oversight.
    4. Especially given the current partnership agreements between 
Kamehameha Schools and many other organizations, we believe the 
benefits of including Kamehameha Schools lands as critical habitat are 
relatively small. The designation of critical habitat can serve to 
educate the general public as well as conservation organizations 
regarding the potential conservation value of an area, but this goal is 
already being accomplished through the identification of this area in 
the management agreements described above. Likewise, there will be 
little Federal regulatory benefit to the species because: (a) There is 
a low likelihood that these proposed critical habitat units will be 
negatively affected to any significant degree by Federal activities 
requiring section 7 consultation, and (b) these areas are already 
occupied by six listed species and a section 7 nexus already exists. We 
are unable to identify any other potential benefits associated with 
critical habitat for these portions of the proposed units.
    5. We believe it is necessary to establish positive working 
relationships with representatives of the Native Hawaiian community. 
This approach of excluding critical habitat and entering into a 
mutually agreeable conservation partnership strengthens this 
relationship and should lead to conservation benefits beyond the 
boundaries of Kamehameha Schools land. It is an important long term 
conservation goal of the Service to work cooperatively with the Native 
Hawaiian community to help recover Hawaii's endangered species. This 
partnership with Kamehameha Schools is an important step forward toward 
this goal.
    6. While we didn't find that designating critical habitat on 
Kamehameha Schools land would have a significant economic impact on 
them, the potential cost of over $1.65 million could affect Kamehameha 
Schools' willingness to continue their conservation partnerships. Even 
if they did continue to implement conservation activities on their 
Kamehameha Schools' land, this potential cost may result in a reduction 
of the amount of funding they would commit to conservation activities.
    7. It is well documented that publicly owned lands and lands owned 
by private organizations alone are too small and poorly distributed to 
provide for the conservation of most listed species (Bean 2002; Crouse 
et al. 2002). Excluding these Kamehameha Schools lands from critical 
habitat may, by way of example, provide positive social, legal, and 
economic incentives to other non-Federal landowners on the island of 
Hawaii who own lands that could contribute to listed species recovery 
if voluntary conservation measures on these lands are implemented 
(Norton 2000; Main et al. 1999; Shogren et al. 1999; Wilcove and Chen 
1998). As resources allow, the Service would be willing to consider 
future revisions or amendments to this final critical habitat rule if 
landowners affected by this rule develop conservation programs or 
partnerships (e.g., Habitat Conservation Plans, Safe Harbor Agreements, 
conservation agreements) on their lands that outweigh the regulatory 
and other benefits of a critical habitat designation.
    In conclusion, we find that the exclusion of critical habitat in 
the Kamehameha Schools portions of

[[Page 39690]]

proposed units Hawaii G, W, and Z would most likely have a net positive 
conservation effect on the recovery and conservation of these nine 
plant species when compared to the positive conservation effects of a 
critical habitat designation. As described above, the overall benefits 
to these species of a critical habitat designation on Kamehameha 
Schools lands are relatively small. In contrast, we believe this 
exclusion will enhance our existing partnership with Kamehameha 
Schools, and it will set a positive example and provide positive 
incentives to other non-Federal landowners who may be considering 
implementing voluntary conservation activities on their lands. We 
conclude there is a greater likelihood of beneficial conservation 
activities occurring in these and other areas of the island of Hawaii 
without designated critical habitat than there would be with designated 
critical habitat on these Kamehameha Schools lands.
(4) Exclusion of This Unit Will Not Cause Extinction of the Species
    In considering whether or not exclusion of Kamehameha Schools lands 
in proposed units Hawaii G, W, and Z might result in the extinction of 
any of these nine species, we first considered the impacts to the seven 
species endemic to the island of Hawaii (Argyroxiphium kauense, Cyanea 
shipmanii, Cyanea stictophylla, Neraudia ovata, Phyllostegia racemosa, 
Phyllostegia velutina, and Pleomele hawaiiensis), and second to the two 
species known from the island of Hawaii and one or more other Hawaiian 
islands (Bonamia menziesii and Delissea undulata).
    These agreements, which are described above, will provide tangible 
proactive conservation benefits that will reduce the likelihood of 
extinction for both the seven endemic and the two multi-island species 
in these areas of the island of Hawaii and increase their likelihood of 
recovery. Extinction for any of these species as a consequence of this 
exclusion is unlikely because there are no known threats in these 
portions of proposed units Hawaii G, W, and Z due to any current or 
reasonably anticipated Federal actions that might be regulated under 
section 7 of the Act. Further, these areas are already occupied by six 
of the nine species and thereby benefit from the section 7 protections 
of the Act, should such an unlikely Federal threat actually 
materialize. The exclusion of these Kamehameha Schools lands will not 
increase the risk of extinction to any of these species, and it may 
increase the likelihood these species will recover by encouraging other 
landowners to implement voluntary conservation activities as Kamehameha 
Schools has done.
    In addition, critical habitat is being designated on other areas of 
the island of Hawaii for all seven of the endemic species (units Hawaii 
10--Argyroxiphium kauense--a, Hawaii 24--Argyroxiphium kauense--b, 
Hawaii 25--Argyroxiphium kauense--c, Hawaii 30--Argyroxiphium kauense--
d, Hawaii 1--Cyanea shipmanii--a, Hawaii 30--Cyanea shipmanii--b, 
Hawaii 30--Cyanea shipmanii--c, Hawaii 15--Cyanea stictophylla--a, 
Hawaii 16--Cyanea stictophylla--b, Hawaii 24--Cyanea stictophylla--c, 
Hawaii 30--Cyanea stictophylla--d, Hawaii 10--Neraudia ovata--a, Hawaii 
18--Neraudia ovata--d, Hawaii 1--Phyllostegia racemosa--a, Hawaii 2--
Phyllostegia racemosa--b, Hawaii 30--Phyllostegia racemosa--c, Hawaii 
24--Phyllostegia velutina--a, Hawaii 30--Phyllostegia velutina--b, 
Hawaii 7--Pleomele hawaiiensis--a, Hawaii 10--Pleomele hawaiiensis--b, 
Hawaii 18--Pleomele hawaiiensis--c, and Hawaii 23--Pleomele 
hawaiiensis--d). Critical habitat has also been designated elsewhere on 
the island of Hawaii (Hawaii 10--Bonamia menziesii--a, Hawaii 10--
Delissea undulata--a, and Hawaii 10--Delissea undulata--b) and 
designated on other islands for the remaining two multi-island species 
within their historical range consistent with the guidance in recovery 
plans. Critical habitat has been designated for Bonamia menziesii on 
Kauai (habitat for two populations), Oahu (habitat for four 
populations), and Maui (habitat for one population) (68 FR 9116; 68 FR 
35949; 68 FR 25934). Habitat for one population is in the excluded 
lands on Lanai (68 FR 1220). We have designated critical habitat for 
Delissea undulata on Kauai (habitat for three populations) (68 FR 
9116). These other designations identify conservation areas for the 
maintenance and expansion of the existing populations.
    In sum, the above analysis concludes that an exclusion of 
Kamehameha Schools lands within proposed units Hawaii G, W, and Z from 
final critical habitat on the island of Hawaii will have a net 
beneficial impact with little risk of negative impacts. Therefore, the 
exclusion of the Kamehameha Schools portions of proposed units Hawaii 
G, W, and Z will not cause extinction and should in fact improve the 
chances of recovery for Argyroxiphium kauense, Bonamia menziesii, 
Cyanea shipmanii, Cyanea stictophylla, Delissea undulata, Neraudia 
ovata, Phyllostegia racemosa, Phyllostegia velutina, and Pleomele 
hawaiiensis.

Queen Liliuokalani Trust

    The southwestern portion of proposed unit Hawaii Y2 on Queen 
Liliuokalani Trust land is unoccupied habitat for two species: 
Isodendrion pyrifolium and Neraudia ovata. According to our published 
recovery plans, recovery of these two species will require reproducing, 
self-sustaining populations located in a geographic array across the 
landscape, with population numbers and population locations of 
sufficient robustness to withstand periodic threats caused by natural 
disaster or biological threats (Service 1996, 1998). The highest 
priority recovery tasks include active management, such as plant 
propagation and reintroduction, fire control, nonnative species 
removal, and ungulate fencing. Failure to implement these active 
management measures on this and other units, all of which require 
voluntary landowner support and participation, virtually assures the 
extinction of these species in the wild. Many of these types of 
conservation actions in this area of the island of Hawaii will be 
carried out as part of Queen Liliuokalani Trust's partnership with the 
Service and by actions taken on the landowner's initiative. These 
activities, which are described in more detail below, require 
substantial voluntary cooperation by Queen Liliuokalani Trust.
    The following analysis describes the likely conservation benefits 
of a critical habitat designation compared to the conservation benefits 
without critical habitat designation. We paid particular attention to 
the following issues: To what extent a critical habitat designation 
would confer regulatory conservation benefits on these species; to what 
extent the designation would educate members of the public such that 
conservation efforts would be enhanced; and whether a critical habitat 
designation would have a positive, neutral, or negative impact on 
voluntary conservation efforts on this privately owned land as well as 
other non-Federal lands on the island of Hawaii that could contribute 
to recovery.
    If a critical habitat designation reduces the likelihood that 
voluntary conservation activities will be carried out on the island of 
Hawaii, and at the same time fails to confer a counter-balancing 
positive regulatory or educational benefit to the species, then the 
benefits of excluding such areas from critical habitat outweigh the 
benefits of including them. Although, the results of this type of 
evaluation will vary significantly depending on the

[[Page 39691]]

landowners, geographic areas, and species involved, we believe the 
Queen Liliuokalani Trust lands in proposed unit Hawaii Y2 merit this 
evaluation.
(1) Benefits of Inclusion
    Critical habitat in the Queen Liliuokalani Trust portion of 
proposed unit Hawaii Y2 was proposed for Isodendrion pyrifolium and 
Neraudia ovata. The primary direct benefit of inclusion of this portion 
of proposed unit Hawaii Y2 as critical habitat would result from the 
requirement under section 7 of the Act that Federal agencies consult 
with us to ensure that any proposed Federal actions do not destroy or 
adversely modify critical habitat.
    Historically, we have conducted two formal and 21 informal 
consultations under section 7 on the island of Hawaii for any of the 47 
plant species. None were for Queen Liliuokalani Trust land. As a result 
of the low level of previous Federal activity on Queen Liliuokalani 
Trust land, and after considering the likely low probability of Federal 
activities that might occur on this land (no anticipated Federal 
permits or funding), we think that there is likely to be a low number 
of future Federal activities that would negatively affect habitat on 
the Queen Liliuokalani Trust portion of proposed critical habitat (DEA 
2002). Therefore, there is a low regulatory benefit of a critical 
habitat designation in this area.
    Another possible benefit is that the designation of critical 
habitat can serve to educate the public regarding the potential 
conservation value of an area, and this may focus and contribute to 
conservation efforts by other parties by clearly delineating areas of 
high conservation value for certain species. Any information about 
these two species and their habitats that reaches a wide audience, 
including other parties engaged in conservation activities, could have 
a positive conservation benefit.
    While we believe this educational outcome is important for 
Isodendrion pyrifolium and Neraudia ovata, we believe it has mostly 
been achieved. Through the proposal of critical habitat, proposed unit 
Hawaii Y2, including the portion that lies within Queen Liliuokalani 
Trust land, has been identified as essential to the conservation of two 
of the 47 plant species addressed in this rule. In addition, the 
proposed conservation activities to be conducted within proposed unit 
Hawaii Y2, assisted by the Service, demonstrates that the landowner is 
already aware of the importance of this area for the conservation of 
these two species. It is anticipated that other portions of the general 
public will likewise be better informed of the value of this area as 
Queen Liliuokalani Trust implements conservation activities on this 
land.
    In sum, we believe that a critical habitat designation for listed 
plants on Queen Liliuokalani Trust land would provide a relatively low 
level of additional regulatory conservation benefits to Isodendrion 
pyrifolium and Neraudia ovata. Any regulatory conservation benefits 
would accrue through the benefit associated with section 7 consultation 
associated with critical habitat. Based on a review of past 
consultations and consideration of the likely future activities in this 
specific area, we determined that there is little Federal activity 
expected to occur on this privately owned land that would trigger 
section 7 consultation.
(2) Benefits of Exclusion
    While the economic analysis concludes the designation of critical 
habitat on Queen Liliuokalani Trust land would not prevent them from 
developing their property, the analysis assumes it is reasonably 
foreseeable that the designation could cause a delay in development 
approvals as additional environmental studies may be conducted, and 
State and county officials investigate the implications of critical 
habitat on the property. The value of the loss of this potential delay 
is estimated to be between $13.8 and $21.6 million.
    In addition, proactive voluntary conservation efforts are necessary 
to prevent the extinction and promote the recovery of these listed 
plant species on the island of Hawaii and other Hawaiian islands 
(Shogren et al. 1999; Wilcove and Chen 1998; Wilcove et al. 1998). 
Consideration of this concern is especially important in areas where 
species have been extirpated and their recovery requires access and 
permission for reintroduction efforts (Bean 2002; Wilcove et al. 1998). 
For example, since both species associated with proposed unit Y2 are 
extirpated from Queen Liliuokalani Trust land, repopulation is likely 
not possible without human assistance and landowner cooperation.
    Under the terms of its January 17, 2003, proposal to the Service, 
Queen Liliuokalani Trust has agreed to implement a voluntary 
conservation partnership with the Service which will benefit these 
species. The conservation partnership includes the following: (1) The 
Trust is willing to partner with us on a propagation project for the 
Isodendrion pyrifolium under a Service cost-sharing agreement. The 
Trust will contribute up to $10,000 toward the propagation research 
project to be conducted by an expert acceptable to both Queen 
Liliuokalani Trust and the Service. The trust will also integrate this 
effort with its cultural and educational programs with children and 
develop a curriculum similar to one at Kaala Farms in Waianae on Oahu, 
an island where Isodendrion pyrifolium was historically found; (2) the 
Trust agrees to set aside for outplanting 21 ha (53 ac) of land, 
consisting of 10 ha (25 ac) in the northern portion of the Queen 
Liliuokalani Trust property and 11 ha (28 ac) in the southeast portion. 
The Trust will also allow for the reintroduction of Isodendrion 
pyrifolium, Neraudia ovata, and other endangered species that may be 
found and/or reintroduced on the property into the designated 22 ha (53 
ac). These conservation measures are consistent with recovery of these 
species.
    We believe that both of the species for which proposed unit Hawaii 
Y2 was originally proposed will benefit from these management actions. 
The primary benefits are the voluntary propagation and eventual 
reintroduction of species currently extirpated from this area.
    The conservation benefits of critical habitat are primarily 
regulatory or prohibitive in nature. But, on the island of Hawaii, 
simply preventing ``harmful activities'' will not slow the extinction 
of listed plant species (Bean 2002). Where consistent with the 
discretion provided by the Act, we believe it is necessary to implement 
policies that provide positive incentives to private landowners to 
voluntarily conserve natural resources, and that remove or reduce 
disincentives to conservation (Wilcove et al. 1998). We believe that a 
voluntary conservation agreement has the highest likelihood of success 
if critical habitat is not designated as currently proposed because the 
landowner believes there is an unacceptable risk that the critical 
habitat designation will result in a decrease in Queen Liliuokalani 
Trust's ability to remain economically viable. If so, they would lose 
the ability to generate enough income for programs that benefit orphan 
and destitute Hawaiian children. We believe that the landowner's 
concerns over these potential negative impacts, should critical habitat 
be designated, would affect its voluntary conservation efforts, which 
we believe are necessary to conserve these species.
    Thus, we believe it is essential for the recovery of Isodendrion 
pyrifolium and Neraudia ovata to instigate voluntary conservation 
activities such as these that would otherwise not have occurred

[[Page 39692]]

on this property and to provide positive incentives for other private 
landowners on the island of Hawaii who might be considering 
implementing voluntary conservation activities but have concerns about 
incurring incidental regulatory or economic impacts. Approximately 80 
percent of imperiled species in the United States occur partly or 
solely on private lands where the Service has little management 
authority (Wilcove et al. 1996). In addition, recovery actions 
involving the reintroduction of listed species onto private lands 
require the voluntary cooperation of the landowner (Bean 2002; James 
2002; Knight 1999; Main et al. 1999; Norton 2000; Shogren et al. 1999; 
Wilcove et al. 1998). Therefore, ``a successful recovery program is 
highly dependent on developing working partnerships with a wide variety 
of entities, and the voluntary cooperation of thousands of non-Federal 
landowners and others is essential to accomplishing recovery for listed 
species' (Crouse et al. 2002). Because large tracts of land suitable 
for conservation of threatened and endangered species are owned by 
private landowners, successful recovery of listed species on the island 
of Hawaii is especially dependent upon working partnerships and the 
voluntary cooperation of non-Federal landowners. Without additional 
voluntary conservation efforts for these two species, recovery will not 
occur.
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    Based on the above considerations, we have determined that the 
benefits of excluding the Queen Liliuokalani Trust portion of proposed 
unit Hawaii Y2 from critical habitat outweigh the benefits of including 
it as critical habitat for Isodendrion pyrifolium and Neraudia ovata.
    This conclusion is based on the following factors:
    1. The Queen Liliukolani Trust has agreed to implement voluntary 
conservation measures for Isodendrion pyrifolium and Neraudia ovata on 
currently unoccupied habitat within Queen Liliuokalani Trust's portion 
of proposed unit Hawaii Y2.
    2. Simple regulation of ``harmful activities'' is not sufficient to 
conserve these species. Critical habitat designation would not 
encourage, and may discourage, reintroductions of these species to 
these lands. Landowner cooperation and support will be required to 
prevent the extinction and promote the recovery of all of the listed 
island-endemic species caused by the need to implement proactive 
conservation actions such as ungulate management, weed control, fire 
suppression, plant propagation, and outplanting. This need for 
landowner cooperation is especially acute because proposed unit Hawaii 
Y2 is unoccupied by both of these species. Future conservation efforts, 
such as reintroduction of these plant species back onto these lands, 
will require the cooperation of Queen Liliuokalani Trust. Exclusion of 
Queen Liliuokalani Trust's land from this critical habitat designation 
will help the Service maintain and improve the voluntary cooperation of 
Queen Liliuokalani Trust by formally recognizing the positive 
contributions of Queen Liliuokalani Trust to plant conservation, and by 
streamlining or reducing unnecessary regulatory oversight. A critical 
habitat designation absent this cooperation would provide little 
meaningful conservation benefit to these species because the land would 
likely remain unoccupied.
    3. Given the agreement between the landowner and us, as well as 
other planned conservation activities on their property, we believe the 
overall regulatory and educational benefits of including this portion 
of the unit as critical habitat are relatively small. The designation 
of critical habitat can serve to educate the general public as well as 
conservation organizations regarding the potential conservation value 
of an area, but this goal has been effectively accomplished through the 
identification of this area in the January 17, 2003, proposal described 
above. Likewise, there will be little Federal regulatory benefit to the 
species because (a) there is a low likelihood that this proposed 
critical habitat unit will be negatively affected to any significant 
degree by Federal activities requiring section 7 consultation, and (b) 
the fear that a critical habitat designation on this property will harm 
the ability of this landowner to generate funds to benefit orphan and 
destitute Hawaiian children, and any positive educational benefit of 
designation is negatively impacted when the impression is given that 
conservation goals can undermine the philanthropic goals of the 
landowner. We are unable to identify any other potential benefits 
associated with critical habitat for this portion of the proposed unit.
    4. We believe it is necessary to establish positive working 
relationships with representatives of the Native Hawaiian community. 
This approach of excluding critical habitat and entering into a 
mutually agreeable conservation partnership strengthens this 
relationship and should lead to conservation benefits beyond the 
boundaries of Queen Liliuokalani Trust land. The Service has an 
important long term conservation goal to work cooperatively with the 
Native Hawaiian community to help recover Hawaii's endangered species. 
The partnership with Queen Liliuokalani Trust, as articulated in the 
Trust's letter to us, is an important step forward toward this goal.
    5. While we didn't find designating critical habitat on Queen 
Lilioukolani Trust land would prevent the Trust from proceeding with 
their proposed development or have a significant economic impact on 
them, the potential cost of up to $21.6 million due to possible delays 
in obtaining State and county approvals and completing the development 
could affect their willingness to continue their conservation 
partnerships. Even if they did continue to implement conservation 
activities on their land, this potential cost may result in a reduction 
of the amount of funding available for implementing conservation 
activities. In addition, Queen Lilioukolani Trust uses revenue from its 
land holding to provide care for orphans and destitute children (with a 
preference to children of Native Hawaiian ancestry). This potential 
reduction in revenue could have significant social and cultural impacts 
on the community.
    6. It is well documented that publicly owned lands, lands owned by 
conservation organizations and privately owned lands alone, are too 
small and poorly distributed to provide for the conservation of most 
listed species (Bean 2002, Crouse et al. 2002). Excluding these 
privately owned lands from critical habitat may, by way of example, 
provide positive social, legal, and economic incentives to other non-
Federal landowners on the island of Hawaii who own lands that could 
contribute to listed species recovery if voluntary conservation 
measures on these lands are implemented (Norton 2000; Main et al. 1999; 
Shogren et al. 1999; Wilcove and Chen 1998).
    In conclusion, we find that the exclusion of critical habitat in 
the Queen Liliuokalani Trust portion of proposed unit Hawaii Y2 would 
have a net positive conservation effect on the recovery and 
conservation of Isodendrion pyrifolium and Neraudia ovata when compared 
to the conservation effects of a critical habitat designation. As 
described above, the overall benefits to these species of a critical 
habitat designation on the Queen Liliuokalani Trust portion of proposed 
unit Hawaii Y2 are relatively small. We conclude there is a greater 
likelihood of beneficial conservation

[[Page 39693]]

activities occurring in this area of the island of Hawaii without 
designated critical habitat than there would be with designated 
critical habitat in this location. We reached this conclusion because 
the landowner has agreed to implement voluntary conservation efforts on 
their lands without critical habitat designation. Therefore, we 
conclude that the benefits of excluding this portion of proposed unit 
Hawaii Y2 from critical habitat for Isodendrion pyrifolium and Neraudia 
ovata outweigh the benefits of including it.
(4) Exclusion of This Unit Will Not Cause Extinction of the Species
    In considering whether or not exclusion of the Queen Liliuokalani 
Trust portion of proposed unit Hawaii Y2 might result in the extinction 
of either of these two species, we first considered the impacts to the 
species endemic to the island of Hawaii, Neraudia ovata, and second to 
Isodendrion pyrifolium, which is known from the island of Hawaii and 
other Hawaiian islands.
    For both the endemic and the multi-island species, we conclude that 
the voluntary conservation measures to be provided by Queen 
Liliuokalani Trust and the Service will provide more net conservation 
benefits than would be provided by designating the portion of proposed 
unit Hawaii Y2 as critical habitat. These conservation measures, which 
are described above, will provide tangible proactive conservation 
benefits that will reduce the likelihood of extinction for the two 
listed plants in this area of the island of Hawaii and increase their 
likelihood of recovery. Extinction for either of these species as a 
consequence of this exclusion is unlikely because there are no known 
threats in this portion of proposed unit Hawaii Y2 due to any current 
or reasonably anticipated Federal actions that might be regulated under 
section 7 of the Act. Implementation of the conservation measures by 
Queen Liliuokalani Trust, and the exclusion of their portion of 
proposed unit Hawaii Y2, have the greatest likelihood of preventing 
extinction of these two species, especially Neraudia ovata, which is 
endemic to the island of Hawaii.
    In addition, critical habitat is being designated on other areas of 
the island of Hawaii for Neraudia ovata (Hawaii 10--Neraudia ovata--a 
and Hawaii 18--Neraudia ovata--d), and critical habitat has been 
designated elsewhere in the state for Isodendrion pyrifolium. We have 
designated critical habitat for Isodendrion pyrifolium within its 
historical range on Oahu (habitat for three populations), Molokai 
(habitat for one population), and Maui (habitat for two populations) 
(68 FR 35949, June 17, 2003; 68 FR 12982, March 19, 2003; 68 FR 25934, 
May 14, 2003). In addition, habitat for two populations is within the 
area excluded from critical habitat on Lanai (68 FR 1220, January 9, 
2003). These other designations identify conservation areas for the 
maintenance and expansion of the existing populations.
    In sum, the above analysis concludes that an exclusion of Queen 
Liliuokalani Trust land within proposed unit Hawaii Y2 from final 
critical habitat on the island of Hawaii will have a net beneficial 
impact with little risk of negative impacts. Therefore, the exclusion 
of the Queen Liliuokalani Trust portion of proposed unit Hawaii Y2 will 
not cause extinction and should in fact improve the chances of recovery 
for Isodendrion pyrifolium and Neraudia ovata.

Other Private Landowners

    As resources allow, the Service would be willing to consider future 
revisions or amendments to this final critical habitat rule if other 
landowners affected by this rule develop conservation programs or 
partnerships (e.g., Habitat Conservation Plans, Safe Harbor Agreements, 
conservation agreements, etc.) on their lands that outweigh the 
regulatory and educational benefits of a critical habitat designation.

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. Also, in the recently published Hawaii's 
Ferns and Fern Allies (Palmer 2003), Asplenium fragile var. insulare 
has undergone a taxonomic revision. Due to the court-ordered deadlines, 
we are required to publish this final rule to designate critical 
habitat on the island of Hawaii before we can prepare and publish a 
notice of taxonomic changes for these six species. We plan to publish a 
taxonomic change notice for these six species after we have published 
the final critical habitat designation on the island of Hawaii.

Summary of Recovery Populations for 255 Hawaiian Plants

    During the public comment periods on the proposed designations and 
nondesignations of critical habitat for plants from the islands of 
Kauai, Niihau, Lanai, Maui, Molokai, Northwestern Hawaiian Islands, 
Oahu, and the island of Hawaii, we received several comments regarding 
the difficulty of commenting in an informed manner on critical habitat 
for species occurring on more than one island because the proposed 
rules did not provide information on critical habitat proposed on other 
islands for multi-island species. To address this concern, on August 
20, 2002, we reopened simultaneous comment periods for the proposed 
designations and nondesignations of critical habitat for plant species 
on the islands of Kauai, Niihau, Maui, Molokai, and the Northwestern 
Hawaiian Islands until September 30, 2002, and for plant species on the 
islands of Hawaii and Oahu until November 30, 2002. The new comment 
periods allowed all interested parties to review all the proposals 
together and submit written comments. A comment period for the proposed 
designations and nondesignations of critical habitat for plant species 
on Lanai opened on July 15, 2002, and closed on August 30, 2002, 
overlapping with the reopened comment periods for the islands mentioned 
above.
    As outlined in the above section ``Criteria Used to Identify 
Critical Habitat,'' 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 reproducing individuals per 
population for long-lived perennials; 300 mature reproducing 
individuals per population for short-lived perennials; and 500 mature 
reproducing 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 be very narrowly 
distributed on a single island. To be considered recovered, the 
populations of a multi-island species should be distributed among the 
islands of its known historic range. In this final critical habitat 
rule, we include a table that summarizes the distribution of recovery 
populations by island for each of the 255 species at issue (Table 5).

[[Page 39694]]



                             Table 5.--Summary of Island Distribution of Recovery Populations for 255 Listed Hawaiian Plants
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Island Distribution
                   Species                    -------------------------------------------------------------------------------------------------  Totals
                                                Kauai     Oahu    Molokai    Lanai     Maui    Hawaii           Niihau  Kahoolawe  NWHI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abutilon eremitopetalum......................  .......  .......  .........       *8  .......  ........  ......................................         8
Abutilon sandwicense.........................  .......       10  .........  .......  .......  ........  ......................................        10
Acaena exigua[dagger]........................        0  .......  .........  .......        0  ........  ......................................         0
Achyranthes mutica...........................    \2\ 0  .......  .........  .......  .......        10  ......................................        10
Adenophorus periens..........................        4        1          4       *1    \2\ 0         1  ......................................        11
Alectryon macrococcus........................        2        2          1       *4  .......  ........  ......................................         9
Alsinidendron lychnoides.....................       10  .......  .........  .......  .......  ........  ......................................        10
Alsinidendron obovatum.......................  .......   *\1\ 8  .........  .......  .......  ........  ......................................     \1\ 8
Alsinidendron trinerve.......................  .......   *\1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Alsinidendron viscosum.......................        9  .......  .........  .......  .......  ........  ......................................         9
Amaranthus brownii...........................  .......  .......  .........  .......  .......  ........  \1\ 1 (Nihoa).........................     1 8 1
Argyroxiphium kauense........................  .......  .......  .........  .......  .......      *1 8  ......................................     1 7 8
Argyroxiphium sandwicense ssp. macrocephalum.  .......  .......  .........  .......    \5\ 1  ........  ......................................     \5\ 1
Asplenium fragile var. insulare..............  .......  .......  .........  .......       *2        *8  ......................................        10
Bidens micrantha ssp. kalealaha..............  .......  .......  .........        3        7  ........  ......................................        10
Bidens wiebkei...............................  .......  .......         *9  .......  .......  ........  ......................................         9
Bonamia menziesii............................        2        4      \2\ 0       *1        1         1  ......................................         9
Brighamia insignis...........................        9  .......  .........  .......  .......  ........  1 (Niihau)............................        10
Brighamia rockii.............................  .......  .......          4       *3        3  ........  ......................................        10
Canavalia molokaiensis.......................  .......  .......        *10  .......  .......  ........  ......................................        10
Cenchrus agrimonioides.......................  .......        7  .........       *1        2     \2\ 0  0 (NWHI)..............................        10
Centaurium sebaeoides........................        4        2          1       *1        2  ........  ......................................        10
Chamaesyce celastroides var. kaenana.........  .......    \1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Chamaesyce deppeana..........................  .......    \1\ 2  .........  .......  .......  ........  ......................................     \1\ 2
Chamaesyce halemanui.........................       10  .......  .........  .......  .......  ........  ......................................        10
Chamaesyce herbstii..........................  .......    \1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Chamaesyce kuwaleana.........................  .......    \1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Chamaesyce rockii............................  .......      *10  .........  .......  .......  ........  ......................................        10
Clermontia drepanomorpha.....................  .......  .......  .........  .......  .......     \1\ 6  ......................................     \1\ 6
Clermontia lindseyana........................  .......  .......  .........  .......        2         8  ......................................        10
Clermontia oblongifolia ssp. brevipes........  .......  .......          7  .......  .......  ........  ......................................         7
Clermontia oblongifolia ssp. mauiensis.......  .......  .......  .........       *3        7  ........  ......................................        10
Clermontia peleana...........................  .......  .......  .........  .......    \2\ 0        10  ......................................        10
Clermontia pyrularia.........................  .......  .......  .........  .......  .......     \1\ 6  ......................................     \1\ 6
Clermontia samuelii..........................  .......  .......  .........  .......    \1\ 5  ........  ......................................     \1\ 5
Colubrina oppositifolia......................  .......        3  .........  .......        3         4  ......................................        10
Ctenitis squamigera..........................        1        1          1       *1       *5     \2\ 0  ......................................         9
Cyanea acuminata.............................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea asarifolia............................       10  .......  .........  .......  .......  ........  ......................................        10
Cyanea copelandii ssp. copelandii[dagger]....  .......  .......  .........  .......  .......         0  ......................................         0
Cyanea copelandii ssp. haleakalaensis........  .......  .......  .........  .......        8  ........  ......................................         8
Cyanea crispa................................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea dunbarii..............................  .......  .......         10  .......  .......  ........  ......................................        10
Cyanea glabra................................  .......  .......  .........  .......       10  ........  ......................................        10
Cyanea grimesiana ssp. grimesiana............  .......       *4          2       *2  .......  ........  10....................................
Cyanea grimesiana ssp. obatae................  .......       *8  .........  .......  .......  ........  ......................................         8
Cyanea hamatiflora ssp. carlsonii............  .......  .......  .........  .......  .......     \1\ 8  ......................................     \1\ 8
Cyanea hamatiflora ssp. hamatiflora..........  .......  .......  .........  .......        8  ........  ......................................         8
Cyanea humboltiana...........................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea koolauensis...........................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea lobata................................  .......  .......  .........       *3        7  ........  ......................................        10
Cyanea longiflora............................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea macrostegia ssp. gibsonii.............  .......  .......  .........       *8  .......  ........  ......................................         8
Cyanea mannii................................  .......  .......        *10  .......  .......  ........  ......................................        10
Cyanea mceldowneyi...........................  .......  .......  .........  .......    \1\ 5  ........  ......................................     \1\ 5
Cyanea pinnatifida...........................  .......    \1\ 4  .........  .......  .......  ........  ......................................     \1\ 4
Cyanea platyphylla...........................  .......  .......  .........  .......  .......         9  ......................................         9
Cyanea procera...............................  .......  .......        *10  .......  .......  ........  ......................................        10
Cyanea recta.................................       10  .......  .........  .......  .......  ........  ......................................        10
Cyanea remyi.................................       10  .......  .........  .......  .......  ........  ......................................        10
Cyanea shipmanii.............................  .......  .......  .........  .......  .......     \1\ 7  ......................................     \1\ 7
Cyanea stictophylla..........................  .......  .......  .........  .......  .......        10  ......................................        10
Cyanea st.-johnii............................  .......      *10  .........  .......  .......  ........  ......................................        10
Cyanea superba...............................  .......        8  .........  .......  .......  ........  ......................................         8
Cyanea truncata..............................  .......       10  .........  .......  .......  ........  ......................................        10
Cyanea undulata..............................    \1\ 5  .......  .........  .......  .......  ........  ......................................     \1\ 5
Cyperus trachysanthos........................        6        3      \2\ 0    \2\ 0  .......  ........  \3\ 0 (Niihau)........................         9
Cyrtandra crenata............................  .......        0  .........  .......  .......  ........  ......................................         0

[[Page 39695]]

 
Cyrtandra cyaneoides.........................       10  .......  .........  .......  .......  ........  ......................................        10
Cyrtandra dentata............................  .......       *8  .........  .......  .......  ........  ......................................         8
Cyrtandra giffardii..........................  .......  .......  .........  .......  .......        10  ......................................        10
Cyrtandra limahuliensis......................       10  .......  .........  .......  .......  ........  ......................................        10
Cyrtandra munroi.............................  .......  .......  .........       *3        7  ........  ......................................        10
Cyrtandra polyantha..........................  .......    \1\ 5  .........  .......  .......  ........  ......................................     \1\ 5
Cyrtandra subumbellata.......................  .......    \1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Cyrtandra tintinnabula.......................  .......  .......  .........  .......  .......         9  ......................................         9
Cyrtandra viridiflora........................  .......       *8  .........  .......  .......  ........  ......................................         8
Delissea rhytidosperma.......................    \1\ 6  .......  .........  .......  .......  ........  ......................................     \1\ 6
Delissea rivularis...........................    \1\ 3  .......  .........  .......  .......  ........  ......................................     \1\ 3
Delissea subcordata..........................  .......       10  .........  .......  .......  ........  ......................................        10
Delissea undulata............................        3  .......  .........  .......    \2\ 0        *5  \2\ 0 (Niihau)........................         8
Diellia erecta...............................        1        1          1       *1        3         2  ......................................         9
Diellia falcata..............................  .......      *10  .........  .......  .......  ........  ......................................        10
Diellia pallida..............................    \1\ 3  .......  .........  .......  .......  ........  ......................................     \1\ 3
Diellia unisora..............................  .......    \1\ 6  .........  .......  .......  ........  ......................................     \1\ 6
Diplazium molokaiense........................        1        1          1       *1        6  ........  ......................................        10
Dubautia herbstobatae........................  .......    \1\ 6  .........  .......  .......  ........  ......................................     \1\ 6
Dubautia latifolia...........................    \1\ 7  .......  .........  .......  .......  ........  ......................................     \1\ 7
Dubautia pauciflorula........................    \1\ 4  .......  .........  .......  .......  ........  ......................................   \1,6\ 4
Dubautia plantaginea ssp. humilis............  .......  .......  .........  .......    \1\ 6  ........  ......................................     \1\ 6
Eragrostis fosbergii.........................  .......    \1\ 1  .........  .......  .......  ........  ......................................     \1\ 1
Eugenia koolauensis..........................  .......       *6          2  .......  .......  ........  ......................................         8
Euphorbia haeleeleana........................        6        4  .........  .......  .......  ........  ......................................        10
Exocarpos luteolus...........................       10  .......  .........  .......  .......  ........  ......................................        10
Flueggea neowawraea..........................        4       *2          1  .......       *1         2  ......................................        10
Gahnia lanaiensis............................  .......  .......  .........       *8  .......  ........  ......................................         8
Gardenia mannii..............................  .......      *10  .........  .......  .......  ........  ......................................        10
Geranium arboreum............................  .......  .......  .........  .......    \1\ 7  ........  ......................................     \1\ 7
Geranium multiflorum.........................  .......  .......  .........  .......       *8  ........  ......................................         8
Gouania meyenii..............................        5       *5  .........  .......  .......  ........  ......................................        10
Gouania vitifolia............................  .......        7  .........  .......        1         2  ......................................        10
Hedyotis cookiana............................    \1\ 7  .......  .........  .......  .......     \2\ 0  ......................................     \1\ 7
Hedyotis coriacea............................  .......        2  .........  .......        2        *6  ......................................        10
Hedyotis degeneri............................  .......        9  .........  .......  .......  ........  ......................................         9
Hedyotis mannii..............................  .......  .......        * 4      * 2        2  ........  ......................................         8
Hedyotis parvula.............................  .......      * 9  .........  .......  .......  ........  ......................................         9
Hedyotis schlechtendahliana var. remyi.......  .......  .......  .........      * 8  .......  ........  ......................................         8
Hedyotis st.-johnii..........................    \1\ 7  .......  .........  .......  .......  ........  ......................................     \1\ 7
Hesperomannia arborescens....................  .......      * 6          2      * 1      * 2  ........  ......................................        11
Hesperomannia arbuscula......................  .......        5  .........  .......        5  ........  ......................................        10
Hesperomannia lydgatei.......................    \6\ 5  .......  .........  .......  .......  ........  ......................................     \6\ 5
Hibiscadelphus giffardianus..................  .......  .......  .........  .......  .......     \1\ 1  ......................................     \1\ 1
Hibiscadelphus hualalaiensis.................  .......  .......  .........  .......  .......         8  ......................................         8
Hibiscadelphus woodii........................    \1\ 5  .......  .........  .......  .......  ........  ......................................     \1\ 5
Hibiscus arnottianus ssp. immaculatus........  .......  .......      \1\ 6  .......  .......  ........  ......................................     \1\ 6
Hibiscus brackenridgei.......................    \2\ 0        3          1      * 1        3         1  \3\ 0 (Kahoolawe).....................         9
Hibiscus clayi...............................    \1\ 6  .......  .........  .......  .......  ........  ......................................     \1\ 6
Hibiscus waimeae ssp. hannerae...............        8  .......  .........  .......  .......  ........  ......................................         8
Ischaemum byrone.............................        3  .......          2  .......        2         3  ......................................        10
Isodendrion hosakae..........................  .......  .......  .........  .......  .......         8  ......................................         8
Isodendrion laurifolium......................        4        6  .........  .......  .......  ........  ......................................        10
Isodendrion longifolium......................        6        4  .........  .......  .......  ........  ......................................        10
Isodendrion pyrifolium.......................    \2\ 0        3          1      * 2        2         0  \2\ 0 (Niihau)........................         8
Kanaloa kahoolawensis........................  .......  .......  .........  .......  .......  ........  \1\ 6 (Kahoolawe).....................     \1\ 6
Kokia kauaiensis.............................        8  .......  .........  .......  .......  ........  ......................................         8
Labordia cyrtandrae..........................  .......     * 10  .........  .......  .......  ........  ......................................        10
Labordia lydgatei............................        6  .......  .........  .......  .......  ........  ......................................     \6\ 6
Labordia tinifolia var. lanaiensis...........  .......  .......  .........      * 8  .......  ........  ......................................         8
Labordia tinifolia var. wahiawaensis.........    \1\ 4  .......  .........  .......  .......  ........  ......................................     \1\ 4
Labordia triflora............................  .......  .......        * 8  .......  .......  ........  ......................................         8
Lepidium arbuscula...........................  .......     * 10  .........  .......  .......  ........  ......................................        10
Lipochaeta fauriei...........................    \1\ 6  .......  .........  .......  .......  ........  ......................................     \1\ 6
Lipochaeta kamolensis........................  .......  .......  .........  .......  * \1\ 6  ........  ......................................     \1\ 6
Lipochaeta lobata var. leptophylla...........  .......       10  .........  .......  .......  ........  ......................................        10
Lipochaeta micrantha.........................    \1\ 4  .......  .........  .......  .......  ........  ......................................     \1\ 4

[[Page 39696]]

 
Lipochaeta tenuifolia........................  .......  * \1\ 5  .........  .......  .......  ........  ......................................     \1\ 5
Lipochaeta waimeaensis.......................    \1\ 1  .......  .........  .......  .......  ........  ......................................     \1\ 1
Lobelia gaudichaudii ssp. koolauensis........  .......      * 9  .........  .......  .......  ........  ......................................         9
Lobelia monostachya..........................  .......    \1\ 7  .........  .......  .......  ........  ......................................     \1\ 7
Lobelia niihauensis..........................        7      * 3  .........  .......  .......  ........  ......................................        10
Lobelia oahuensis............................  .......       10  .........  .......  .......  ........  ......................................        10
Lysimachia filifolia.........................        4        6  .........  .......  .......  ........  ......................................        10
Lysimachia lydgatei..........................  .......  .......  .........  .......      * 8  ........  ......................................         8
Lysimachia maxima............................  .......  .......         10  .......  .......  ........  ......................................        10
Mariscus fauriei.............................  .......  .......          7    \2\ 0  .......         1  ......................................         8
Mariscus pennatiformis.......................        3        4  .........  .......        2     \2\ 0  1 (NWHI)..............................        10
Marsilea villosa.............................  .......        4      \4\ 0  .......  .......  ........  ......................................     \6\ 4
Melicope adscendens..........................  .......  .......  .........  .......  * \1\ 1  ........  ......................................     \1\ 1
Melicope balloui.............................  .......  .......  .........  .......  * \1\ 3  ........  ......................................     \1\ 3
Melicope haupuensis..........................    \1\ 7  .......  .........  .......  .......  ........  ......................................     \1\ 7
Melicope knudsenii...........................    \1\ 5  .......  .........  .......  * \1\ 2  ........  ......................................     \1\ 7
Melicope lydgatei............................  .......     * 10  .........  .......  .......  ........  ......................................        10
Melicope mucronulata.........................  .......  .......        * 7  .......      * 2  ........  ......................................         9
Melicope munroi..............................  .......  .......      \2\ 0      * 8  .......  ........  ......................................         8
Melicope ovalis..............................  .......  .......  .........  .......        3  ........  ......................................         3
Melicope pallida.............................        3        6  .........  .......  .......  ........  ......................................         9
Melicope reflexa.............................  .......  .......          8  .......  .......  ........  ......................................         8
Melicope quadrangularis [dagger].............        0  .......  .........  .......  .......  ........  0.....................................
Melicope saint-johnii........................  .......      1 3  .........  .......  .......  ........  ......................................       1 3
Melicope zahlbruckneri.......................  .......  .......  .........  .......  .......       1 3  ......................................       1 3
Munroidendron racemosum......................       10  .......  .........  .......  .......  ........  ......................................        10
Myrsine juddii...............................  .......      *10  .........  .......  .......  ........  ......................................        10
Myrsine linearifolia.........................        9  .......  .........  .......  .......  ........  ......................................         9
Neraudia angulata............................  .......      *10  .........  .......  .......  ........  ......................................        10
Neraudia ovata...............................  .......  .......  .........  .......  .......        *8  ......................................         8
Neraudia sericea [dagger]....................  .......  .......          6       *1        7  ........  2 0 (Kahoolawe).......................        14
Nothocestrum breviflorum.....................  .......  .......  .........  .......  .......         9  ......................................         9
Nothocestrum peltatum........................        9  .......  .........  .......  .......  ........  ......................................         9
Nototrichium humile..........................  .......       *8  .........  .......        2  ........  ......................................        10
Ochrosia kilaueaensis [dagger]...............  .......  .......  .........  .......  .......         0  ......................................         0
Panicum niihauense...........................      1 7  .......  .........  .......  .......  ........  ......................................       1 7
Peucedanum sandwicense.......................        4       *2          3  .......        2  ........  ......................................        11
Phlegmariurus mannii.........................      2 0  .......  .........  .......       *8       2 0  ......................................         8
Phlegmariurus nutans.........................        3       *7  .........  .......  .......  ........  ......................................        10
Phyllostegia glabra var. lanaiensis [dagger].  .......  .......  .........        0  .......  ........  ......................................         0
Phyllostegia hirsuta.........................  .......       *9  .........  .......  .......  ........  ......................................         9
Phyllostegia kaalaensis......................  .......       10  .........  .......  .......  ........  ......................................        10
Phyllostegia knudsenii.......................      1 3  .......  .........  .......  .......  ........  ......................................       1 3
Phyllostegia mannii..........................  .......  .......         *8  .......        2  ........  ......................................        10
Phyllostegia mollis..........................  .......       *4         *3  .......        3  ........  ......................................        10
Phyllostegia parviflora......................  .......        9  .........  .......      2 0       2 0  ......................................         9
Phyllostegia racemosa........................  .......  .......  .........  .......  .......       *10  ......................................        10
Phyllostegia velutina........................  .......  .......  .........  .......  .......       *10  ......................................        10
Phyllostegia waimeae.........................      1 1  .......  .........  .......  .......  ........  ......................................       1 1
Phyllostegia warshaueri......................  .......  .......  .........  .......  .......        10  ......................................        10
Phyllostegia wawrana.........................        8  .......  .........  .......  .......  ........  ......................................         8
Plantago hawaiensis..........................  .......  .......  .........  .......  .......        10  ......................................        10
Plantago princeps............................        4        3          1  .......        2       2 0  ......................................        10
Platanthera holochila........................        4        2         *2  .......        2  ........  ......................................        10
Pleomele hawaiiensis.........................  .......  .......  .........  .......  .......       *10  ......................................        10
Poa mannii...................................       10  .......  .........  .......  .......  ........  ......................................        10
Poa sandvicensis.............................        7  .......  .........  .......  .......  ........  ......................................         7
Poa siphonoglossa............................       10  .......  .........  .......  .......  ........  ......................................        10
Portulaca sclerocarpa........................  .......  .......  .........        1  .......        *9  ......................................        10
Pritchardia affinis [dagger].................  .......  .......  .........  .......  .......         0  ......................................         0
Pritchardia aylmer-robinsonii [dagger].......  .......  .......  .........  .......  .......  ........  0 (Niihau)............................         0
Pritchardia kaalae [dagger]..................  .......        0  .........  .......  .......  ........  ......................................         0
Pritchardia munroi [dagger]..................  .......  .......          0  .......  .......  ........  ......................................         0
Pritchardia napaliensis [dagger].............        0  .......  .........  .......  .......  ........  ......................................         0
Pritchardia remota...........................  .......  .......  .........  .......  .......  ........  1 2 (NWHI)............................     1,8 2
Pritchardia schattaueri [dagger].............  .......  .......  .........  .......  .......         0  ......................................         0
Pritchardia viscosa [dagger].................        0  .......  .........  .......  .......  ........  ......................................         0

[[Page 39697]]

 
Pteralyxia kauaiensis........................        9  .......  .........  .......  .......  ........  ......................................         9
Pteris lidgatei..............................  .......       *4          3  .......        3  ........  ......................................        10
Remya kauaiensis.............................       10  .......  .........  .......  .......  ........  ......................................        10
Remya mauiensis..............................  .......  .......  .........  .......     *1 6  ........  ......................................       1 6
Remya montgomeryi............................      1 7  .......  .........  .......  .......  ........  ......................................       1 7
Sanicula mariversa...........................  .......      1 6  .........  .......  .......  ........  ......................................       1 6
Sanicula purpurea............................  .......       *6  .........  .......        4  ........  ......................................        10
Schiedea apokremnos..........................        9  .......  .........  .......  .......  ........  ......................................         9
Schiedea haleakalensis.......................  .......  .......  .........  .......      1 2  ........  ......................................       1 2
Schiedea helleri.............................      1 7  .......  .........  .......  .......  ........  ......................................       1 7
Schiedea hookeri.............................  .......      *10  .........  .......      2 0  ........  ......................................        10
Schiedea kaalae..............................  .......       10  .........  .......  .......  ........  ......................................        10
Schiedea kauaiensis..........................      1 7  .......  .........  .......  .......  ........  ......................................       1 7
Schiedea kealiae.............................  .......      1 4  .........  .......  .......  ........  ......................................       1 4
Schiedea lydgatei............................  .......  .......         10  .......  .......  ........  ......................................        10
Schiedea membranacea.........................        7  .......  .........  .......  .......  ........  ......................................         7
Schiedea nuttallii...........................        2        6          2  .......      2 0  ........  ......................................        10
Schiedea sarmentosa..........................  .......  .......         10  .......  .......  ........  ......................................        10
Schiedea spergulina var. leiopoda............      1 1  .......  .........  .......  .......  ........  ......................................       1 1
Schiedea spergulina var. spergulina..........      1 6  .......  .........  .......  .......  ........  ......................................       1 6
Schiedea stellarioides.......................      1 6  .......  .........  .......  .......  ........  ......................................       1 6
Schiedea verticillata........................  .......  .......  .........  .......  .......  ........  1 1(NWHI).............................     1 8 1
Sesbania tomentosa...........................        2        2          2      3 0        2         2  3 0 (Kahoolawe) 2 (NWHI)..............        12
Sicyos alba..................................  .......  .......  .........  .......  .......        10  ......................................        10
Silene alexandri.............................  .......  .......       * 10  .......  .......  ........  ......................................        10
Silene hawaiiensis...........................  .......  .......  .........  .......  .......      * 10  ......................................        10
Silene lanceolata............................        0      * 2          2        0  .......       * 6  ......................................        10
Silene perlmanii.............................  .......      1 6  .........  .......  .......  ........  ......................................       1 6
Solanum incompletum..........................        0  .......          0      * 1        0       * 9  ......................................        10
Solanum sandwicense..........................        6      * 4  .........  .......  .......  ........  ......................................        10
Spermolepis hawaiiensis......................        2        2          1      * 1        2       * 2  ......................................        10
Stenogyne bifida.............................  .......  .......       * 10  .......  .......  ........  ......................................        10
Stenogyne campanulata........................      1 3  .......  .........  .......  .......  ........  ......................................       1 3
Stenogyne kanehoana..........................  .......    * 1 5  .........  .......  .......  ........  ......................................       1 5
Tetramolopium arenarium......................  .......  .......  .........  .......      2 0     * 1 7  ......................................     * 1 7
Tetramolopium capillare......................  .......  .......  .........  .......      1 6  ........  ......................................       1 6
Tetramolopium filiforme......................  .......    * 1 6  .........  .......  .......  ........  ......................................       1 6
Tetramolopium lepidotum ssp. lepidotum.......  .......        8  .........      2 0  .......  ........  ......................................         8
Tetramolopium remyi..........................  .......  .......  .........      * 6        3  ........  ......................................         9
Tetramolopium rockii.........................  .......  .......        1 4  .......  .......  ........  ......................................       1 4
Tetraplasandra gymnocarpa....................  .......      * 9  .........  .......  .......  ........  ......................................         9
Trematolobelia singularis....................  .......      1 6  .........  .......  .......  ........  ......................................       1 6
Urera kaalae.................................  .......      * 9  .........  .......  .......  ........  ......................................         9
Vigna o-wahuensis............................        0        3        * 1      * 1        1         4  3 0 (Kahoolawe).......................        10
Viola chamissoniana ssp. chamissoniana.......  .......     * 10  .........  .......  .......  ........  ......................................      * 10
Viola helenae................................      6 5  .......  .........  .......  .......  ........  ......................................       6 5
Viola kauaiensis var. wahiawaensis...........      1 5  .......  .........  .......  .......  ........  ......................................       1 5
Viola lanaiensis.............................  .......  .......  .........      * 8  .......  ........  ......................................         8
Viola oahuensis..............................  .......     * 10  .........  .......  .......  ........  ......................................        10
Wilkesia hobdyi..............................        9  .......  .........  .......  .......  ........  ......................................         9
Xylosma crenatum.............................      1 5  .......  .........  .......  .......  ........  ......................................       1 5
Zanthoxylum dipetalum var. tomentosum........  .......  .......  .........  .......  .......       1 7  ......................................       1 7
Zanthoxylum hawaiiense.......................        2  .......          1        0        1       * 6  ......................................       10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ Including on lands excluded under 4(b)(2)).
[dagger] Critical habitat not prudent.
\1\ We do not believe that sufficient suitable habitat currently exists to reach the recovery goal of 8 to 10 populations.
\2\ We are unable to identify any habitat essential to its conservation on the island.
\3\ Habitat not essential to the conservation of the species.
\4\ We plan to publish a separate rule to designate critical habitat for the species.
\5\ Only one population of greater than 50,000 mature individuals is required for recovery of this species.
\6\ Five to six populations required for recovery.
\7\ At least 10 populations of 2,000 individuals are required for recovery of this species.
\8\ At least five populations on Nihoa and one to three additional populations on another island.


[[Page 39698]]

    This table includes the following information: (1) The number of 
populations on each island we believe the designated critical habitat 
or other habitat essential for the conservation of the species can 
provide for; (2) the species for which we are unable to identify any 
habitat essential to their conservation (e.g., Adenophorus periens on 
Maui); (3) the species for which sufficient habitat essential to their 
conservation is not available for at least eight populations (e.g., 
Alsinidendron obovatum on the island of Oahu); the species for which we 
determined the designation of critical habitat is not prudent (e.g., 
Pritchardia kaalae); proposed critical habitat identified as not 
essential during the public comment periods and removed from final 
designation (e.g., proposed critical habitat for Sesbania tomentosa on 
Kahoolawe); the species for which the general recovery goal of 8 to 10 
populations does not apply (e.g., Hesperomannia lydgatei); and the 
species whose population recovery goals include habitat that has been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, the Office of Management 
and Budget (OMB) has determined that this critical habitat designation 
is not a significant regulatory action. This rule will not have an 
annual economic effect of $100 million or more or adversely affect any 
economic sector, productivity, competition, jobs, the environment, or 
other units of government. This designation will not create 
inconsistencies with other agencies' actions or otherwise interfere 
with an action taken or planned by another agency. It will not 
materially affect entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Finally, this 
designation will not raise novel legal or policy issues. Accordingly, 
OMB has not formally reviewed this final critical habitat designation.

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

    Under the Regulatory Flexibility Act (RFA) (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), 
whenever a Federal 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 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. SBREFA amended the RFA to 
require Federal agencies to provide a statement of the factual basis 
for certifying that a rule will not have a significant economic impact 
on a substantial number of small entities.
    Based on the information in our economic analysis (draft economic 
analysis and addendum), we are certifying that the critical habitat 
designation for 41 island of Hawaii plant species will not have a 
significant effect on a substantial number of small entities because a 
substantial number of small entities are not affected by the 
designation.
    SBREFA does not explicitly define either ``substantial number'' or 
``significant economic impact.'' Consequently, to assess whether a 
``substantial number'' of small entities is affected by this 
designation, this analysis considers the relative number of small 
entities likely to be impacted in the area. Similarly, this analysis 
considers the relative cost of compliance on the revenues/profit 
margins of small entities in determining whether or not entities incur 
a ``significant economic impact.'' Only small entities that are 
expected to be directly affected by the designation are considered in 
this portion of the analysis. This approach is consistent with several 
judicial opinions related to the scope of the RFA (Mid-Tex Electric Co-
Op, Inc. v. F.E.R.C. and America Trucking Associations, Inc. v. EPA.)
    Small entities include small organizations, such as independent 
nonprofit 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. By this definition, 
Federal and State governments and Hawaii County are not a small 
governmental jurisdictions because its population was 148,677 in 2000.
    SBREFA further defines ``small organization'' as any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field. TNCH is a large organization that is dominant in the 
conservation and land management field on the Big Island. Thus, 
according to RFA/SBREFA definitions, TNCH is not likely to be 
considered a small organization. Kamehameha Schools is the largest 
charitable trust in Hawaii, as well as the State's largest private 
landowner; it also has a substantial investment in securities and owns 
real estate in other states. In 2001, Kamehameha Schools had over $1 
billion in revenues, gains, and other support (Kamehameha Schools 
2001). Thus, it is not likely to be considered a small organization.
    To determine if the rule would affect a substantial number of small 
private 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) in 
this particular area/market affected by the regulation. 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.
    The primary projects and activities by private entities that might 
be directly affected by the designation that could affect small 
entities include farming and ranching operations and lending 
institutions. Based on our draft economic analysis and addendum, there 
were 1,400 diversified farmers and 470 ranchers in Hawaii County in 
2000. The 2000 average annual sales for diversified farmers on the 
island of Hawaii were $59,600 per farmer, and the average annual sales 
for ranchers were $30,100 per rancher (DBEDT 2002). Since $8,700 is 15 
percent of the average annual sales for a diversified farmer and 29 
percent of the average annual sales for a rancher, it is assumed that 
critical habitat will have a significant economic impact (i.e., 3 
percent or more of a business's annual sales) on the farmers or 
ranchers. However, there are 1,400 diversified farmers and 470 ranchers 
on the island of Hawaii. Based on the annual sales figures, we can 
define most of these farmers and ranchers as small businesses (i.e., 
less than $750,000 in annual sales). Five farmers or ranchers represent 
0.3 percent of the number of diversified farmers and 1 percent of the 
number of ranchers on the island of Hawaii. This does not equal a 
substantial number of the small businesses in either the diversified 
farming or ranching industries.
    Our economic analysis also found there are between two and three 
small lending institutions on the island of Hawaii that may be involved 
in section 7 consultations regarding HUD loan

[[Page 39699]]

programs. Participation in the consultation was estimated to cost 
$1,400, and conducting the biological survey was estimated to cost 
$3,900, so the total impact was estimated to be $5,300 per lending 
institution. The average annual revenues for the two to three small 
lending institutions is unknown. If they each earn less than $176,700 
in annual sales ($5,300 divided by 3 percent), the economic impact 
attributable to critical habitat would be a significant economic impact 
to the lending institutions (i.e., greater than 3 percent of annual 
sales). There are currently 26 mortgage lending institutions on the 
island of Hawaii. Of these, 23 meet the SBA definition of a small 
business (i.e., less that $6 million in annual sales) (Dun & Bradstreet 
2002). Two to three lending institutions out of 23 (9 to 13 percent) 
will potentially be subject to a significant economic impact. This does 
not equal a substantial number of the small lending institutions on the 
island of Hawaii.
    The actual impacts of the final rule may even be smaller. These 
estimates were based on the proposed designations. However, this final 
rule designates 92,737 ha (229,147 ac) less than had been proposed, or 
a 52 percent reduction.
    These conclusions are supported by the history of consultations on 
the island of Hawaii. Since these 41 plant species were listed (between 
1991 and 1996), we have conducted 21 informal consultations and only 
two formal consultations on the island of Hawaii, 11 of which concerned 
PTA, in addition to consultations on Federal grants to State wildlife 
programs, which also do not affect small entities. The 21 informal 
consultations have concerned 10 of the 41 species (Asplenium fragile 
var. insulare, Mariscus fauriei, Neraudia ovata, Nothocestrum 
breviflorum, Plantago hawaiensis, Pleomele hawaiiensis, Portulaca 
sclerocarpa, Sesbania tomentosa, Silene hawaiiensis, and Solanum 
incompletum).
    One of the two formal consultations involving the 41 species was 
conducted with the Army regarding the addition of two firing lanes to 
Range 8 at PTA. Silene hawaiiensis, one of the 41 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 Highway 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 21 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 for the purpose of 
excluding ungulates and regarding three of the 41 species (Asplenium 
fragile var. insulare, Plantago hawaiensis, and Silene hawaiiensis) as 
well as 1 listed bird and 2 listed plants not included in the 41 
species in today's rule; 1 on use of the Marsokhod planetary rover at 
Kilauea Volcano's summit regarding Silene hawaiiensis; and 1 on 
outplanting food plants for the endangered Hawaiian nene goose 
regarding Sesbania tomentosa and 2 listed birds. Four informal 
consultations were conducted with the Army Corps of Engineers (ACOE): 1 
for the Defense Environmental Restoration Program on removal of 
unexploded ordnance from the former Waikoloa Maneuver Area regarding 
Portulaca sclerocarpa; 1 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; 1 for the 
Multi-Purpose Range Complex at PTA regarding Asplenium fragile var. 
insulare, Hedyotis coriacea, Silene hawaiiensis, Silene lanceolata, and 
1 listed plant not in today's rule; and 1 consultation for the 
Endangered Species Management Plan for PTA regarding 8 of the 41 
species (Asplenium fragile var. insulare, Hedyotis coriacea, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Tetramolopium arenarium, and Zanthoxylum hawaiiense) and 3 
listed plants not in today's rule. Eleven informal consultations were 
conducted with the Army concerning PTA: 3 on archery hunts regarding 
Silene hawaiiensis and 3 listed plants not in today's rule; 1 on a 
grenade machine gun range regarding Asplenium fragile var. insulare and 
Silene hawaiiensis; 1 on a quarry rock crusher regarding Silene 
hawaiiensis and a listed plant not in today's rule; 1 on the proposed 
acquisition of a Parker Ranch parcel regarding Silene lanceolata and a 
listed plant not in today's rule; 1 on military training regarding 
Hedyotis coriacea, Portulaca sclerocarpa, Silene hawaiiensis, Silene 
lanceolata, Tetramolopium arenarium, and Zanthoxylum hawaiiense; 2 on 
threats to rare plants from feral ungulates regarding 8 of the 41 
species (Asplenium fragile var. insulare, Hedyotis coriacea, Portulaca 
sclerocarpa, Silene hawaiiensis, Silene lanceolata, Solanum 
incompletum, Tetramolopium arenarium, and Zanthoxylum hawaiiense) as 
well as 3 listed plants not in today's rule; 1 on the Ecosystem 
Management Plan regarding 9 of the 41 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 2 listed plants not in today's rule; and 
1 consultation concerning PTA's Ecosystem Management Plan, Endangered 
Species Management Plan, and Fire Management Plan regarding the same 9 
species, bat, and 2 listed plants referred to just above. Two informal 
consultations were conducted with the FHWA on Kealakehe Parkway 
construction regarding 3 of the 41 species (Mariscus fauriei, 
Nothocestrum breviflorum, and Pleomele hawaiiensis) as well as 1 listed 
plant not included in the 41 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 21 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

[[Page 39700]]

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. 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.
    Even where the requirements of section 7 might apply due to 
critical habitat, 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 under section 7--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures by definition must be economically 
feasible and within the scope of authority of the Federal agency 
involved in the consultation.
    For these reasons, we are certifying that the designation of 
critical habitat for 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, Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion hosakae, 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, 
Solanum incompletum, Vigna o-wahuensis, and Zanthoxylum dipetalum ssp. 
tomentosum will not have a significant economic impact on a substantial 
number of small entities. Therefore, a regulatory flexibility analysis 
is not required.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. Our detailed 
assessment of the economic effects of this designation are described in 
the draft economic analysis and the final addendum to the economic 
analysis. Based on the effects identified in these documents, we 
believe that this rule will not have an annual effect on the economy of 
$100 million or more; will not cause a major increase in costs or 
prices for consumers, and will not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Refer to the final addendum to the economic analysis for a 
discussion of the effects of 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 production supply and 
distribution facilities because no significant energy production, 
supply, and distribution facilities are included within designated 
critical habitat. Further, for the reasons described in the economic 
analysis, we do not believe that designation of critical habitat for 
the 41 species on the island of Hawaii will affect future energy 
production. 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) This rule will not ``significantly or uniquely'' affect small 
governments. A small Government Agency Plan is not required. Small 
governments will not be affected unless they propose an action 
requiring Federal funds, permits, or other authorizations. Any such 
activities will require that the Federal agency ensure that the action 
will not adversely modify or destroy designated critical habitat.
    (b) This rule 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 41 species from the island of 
Hawaii in a takings implications assessment. The takings implications 
assessment concludes that this final rule does not pose significant 
takings implications.

Federalism

    In accordance with Executive Order 13132, this final 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. This rule 
imposes no regulatory requirements unless an agency is seeking Federal 
funding or authorization, so it does not have Federal implications. In 
addition, this rule will not have substantial direct compliance costs 
because many of the planned projects that could affect critical habitat 
have no Federal involvement.
    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 do not alter where and what 
federally sponsored activities may occur, they 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 Department of the 
Interior's Office of the Solicitor has determined that this 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 have designated 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 41 plant species from 
the island of Hawaii.

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

    This rule does not contain any information collection requirements 
for which OMB approval under the Paperwork Reduction Act is required. 
An agency may not conduct or sponsor, and a person is not required to 
respond

[[Page 39701]]

to, a collection of information unless it displays a valid OMB control 
number.

National Environmental Policy Act

    We have determined that 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. We published a notice outlining our reason for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244). This 
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 the Department of 
the Interior's manual at 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 41 
plant species. Therefore, designation of critical habitat for these 41 
species does not involve any Tribal lands.

References Cited

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

Authors

    The primary authors of this final rule are staff of the Pacific 
Islands Fish and Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
Accordingly, we hereby amend part 17, subchapter B of chapter I, title 
50 of the Code of Federal Regulations as set forth below:

PART 17--[AMENDED]

0
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.


0
2. Amend Sec.  17.12(h), the List of Endangered and Threatened Plants, 
as set forth below:
0
a. Under the table's heading FLOWERING PLANTS, by revising 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, Hibiscadelphus giffardianus, 
Hibiscadelphus hualalaiensis, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion hosakae, 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, Solanum incompletum, Vigna o-wahuensis, and 
Zanthoxylum dipetalum ssp. tomentosum to read as follows; and

0
b. Under the table's heading FERNS AND ALLIES, by revising the entries 
for Adenophorus periens, Asplenium fragile var. insulare, and Diellia 
erecta to read as follows.


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Species
----------------------------------------------    Historic range                Family               Status        When         Critical       Special
       Scientific name          Common name                                                                       listed        habitat         rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Flowering Plants
 
                                                                      * * * * * * *
Achyranthes mutica..........  None...........  U.S.A (HI)..........  Amaranthaceae...............  E                   592  17.99(k).......           NA
 
                                                                      * * * * * * *
Argyroxiphium kauense.......  Mauna Loa        U.S.A. (HI).........  Asteraceae..................  E                   497  17.99(k).......           NA
                               silversword.
 
                                                                      * * * * * * *
Bonamia menziesii...........  None...........  U.S.A. (HI).........  Convolvulaceae..............  E                   559  17.99(a)(1),              NA
                                                                                                                             (e)(1), (i),
                                                                                                                             and (k).
 
                                                                      * * * * * * *
Clermontia drepanomorpha....  Oha wai........  U.S.A. (HI).........  Campanulaceae...............  E                   595  17.99(k).......           NA
Clermontia lindseyana.......  Oha wai........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(e)(1) and           NA
                                                                                                                             (k).
 
                                                                      * * * * * * *
Clermontia peleana..........  Oha wai........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(k).......           NA
Clermontia pyrularia........  Oha wai........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(k).......           NA
 

[[Page 39702]]

 
                                                                      * * * * * * *
Colubrina oppositifolia.....  Kauila.........  U.S.A. (HI).........  Rhamnaceae..................  E                   532  17.99(e)(1),              NA
                                                                                                                             (i), and (k).
 
                                                                      * * * * * * *
Cyanea hamatiflora ssp.       Haha...........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(k).......           NA
 carlsonii.
 
                                                                      * * * * * * *
Cyanea platyphylla..........  Haha...........  U.S.A. (HI).........  Campanulaceae...............  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Cyanea shipmanii............  Haha...........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Cyanea stictophylla.........  Haha...........  U.S.A. (HI).........  Campanulaceae...............  E                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Cyrtandra giffardii.........  Haiwale........  U.S.A. (HI).........  Gesneriaceae................  E                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Cyrtandra tintinnabula......  Haiwale........  U.S.A. (HI).........  Gesneriaceae................  E                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Delissea undulata...........  None...........  U.S.A. (HI).........  Campanulaceae...............  E                   593  17.99(a)(1) and           NA
                                                                                                                             (k).
 
                                                                      * * * * * * *
Flueggea neowawraea.........  Mehamehame.....  U.S.A. (HI).........  Euphorbiaceae...............  E                   559  17.99(a)(1),              NA
                                                                                                                             (c), (e)(1),
                                                                                                                             (i) and (k).
 
                                                                      * * * * * * *
Gouania vitifolia...........  None...........  U.S.A. (HI).........  Rhamnaceae..................  E                   541  17.99(e)(1),              NA
                                                                                                                             and (k).
 
                                                                      * * * * * * *
Hibiscadelphus giffardianus.  Hau kuahiwi....  U.S.A. (HI).........  Malvaceae...................  E                   595  17.99(k).......           NA
Hibiscadelphus hualalaiensis  Hau kuahiwi....  U.S.A. (HI).........  Malvaceae...................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Hibiscus brackenridgei......  Mao hau hele...  U.S.A. (HI).........  Malvaceae...................  E                   559  17.99(c),                 NA
                                                                                                                             (e)(1), (i),
                                                                                                                             and (k).
 
                                                                      * * * * * * *
Ischaemum byrone............  Hilo ischaemum.  U.S.A. (HI).........  Poaceae.....................  E                   532  17.99(a)(1),              NA
                                                                                                                             (c), (e)(1),
                                                                                                                             and (k).
Isodendrion hosakae.........  Aupaka.........  U.S.A (HI)..........  Violaceae...................  T                   414  17.99(k).......           NA
 
                                                                      * * * * * * *
Mariscus fauriei............  None...........  U.S.A (HI)..........  Cyperaceae..................  E                   532  17.99(c) and              NA
                                                                                                                             (k).
 
                                                                      * * * * * * *
Melicope zahlbruckneri......  Alani..........  U.S.A (HI)..........  Rutaceae....................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Neraudia ovata..............  None...........  U.S.A (HI)..........  Urticaceae..................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Nothocestrum breviflorum....  Aiea...........  U.S.A (HI)..........  Solanaceae..................  E                   532  17.99(k).......           NA
 

[[Page 39703]]

 
                                                                      * * * * * * *
Phyllostegia racemosa.......  Kiponapona.....  U.S.A (HI)..........  Lamiaceae...................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Phyllostegia velutina.......  None...........  U.S.A (HI)..........  Lamiaceae...................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Phyllostegia warshaueri.....  None...........  U.S.A (HI)..........  Lamiaceae...................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Plantago hawaienis..........  Laukahi kuahiwi  U.S.A (HI)..........  Plantaginaceae..............  E                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Pleomele hawaiiensis........  Hala pepe......  U.S.A (HI)..........  Liliaceae...................  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Portulaca sclerocarpa.......  Poe............  U.S.A (HI)..........  Portulacaceae...............  E                   532  17.96(b) and              NA
                                                                                                                             17.99(k).
 
                                                                      * * * * * * *
Sesbania tomentosa..........  Ohai...........  U.S.A (HI)..........  Fabaceae....................  E                   559  17.99(a)(1),              NA
                                                                                                                             (c), (e)(1),
                                                                                                                             (g), (i), and
                                                                                                                             (k).
 
                                                                      * * * * * * *
Sicyos alba.................  Anunu..........  U.S.A (HI)..........  Cucurbitaceae...............  E                   595  17.99(k).......           NA
 
                                                                      * * * * * * *
Silene hawaiiensis..........  None...........  U.S.A (HI)..........  Caryophyllaceae.............  T                   532  17.99(k).......           NA
 
                                                                      * * * * * * *
Solanum incompletum.........  Popolo ku mai..  U.S.A (HI)..........  Solanaceae..................  E                   559  17.99(k).......           NA
 
                                                                      * * * * * * *
Vigna o-wahuensis...........  None...........  U.S.A (HI)..........  Fabaceae....................  E                   559  17.99(e)(1),              NA
                                                                                                                             (i), and (k).
 
                                                                      * * * * * * *
Zanthoxylum dipetalum var.    Ae.............  U.S.A (HI)..........  Rutaceae....................  E                   595  17.99(k).......           NA
 tomentosum.
 
                                                                      * * * * * * *
      Ferns and Allies
Adenophorus periens.........  Pendent kihi     U.S.A (HI)..........  Grammitidaceae..............  E                   559  17.99(a)(1),              NA
                               fern.                                                                                         (c), (i), and
                                                                                                                             (k).
 
                                                                      * * * * * * *
Asplenium fragile var.        None...........  U.S.A (HI)..........  Aspleniaceae................  E                   553  17.99(e)(1) and           NA
 insulare.                                                                                                                   (k).
 
                                                                      * * * * * * *
Diellia erecta..............  Asplenium-       U.S.A (HI)..........  Aspleniaceae................  E                   559  17.99(a)(1),              NA
                               leaved diellia.                                                                               (c), (e)(1),
                                                                                                                             (i), and (k).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 39704]]


0
3. Amend Sec.  17.99 as set forth below:
0
a. By revising the section heading to read as follows; and
0
b. By adding new paragraphs (k) and (l) to read as follows.


Sec.  17.99  Critical habitat; plants on the islands of Kauai, Niihau, 
Molokai, Maui, Kahoolawe, Oahu, and Hawaii, HI, and on the Northwestern 
Hawaiian Islands.

    (k) Maps and critical habitat unit descriptions for the island of 
Hawaii, HI. The following sections contain the legal descriptions of 
the critical habitat units designated for the island of Hawaii. 
Existing manmade features and structures within the boundaries of the 
mapped unit, such as buildings, roads, aqueducts and other water system 
features (including but not limited to pumping stations, irrigation 
ditches, pipelines, siphons, tunnels, water tanks, gaging stations, 
intakes, reservoirs, diversions, flumes, and wells; existing trails), 
campgrounds and their immediate surrounding landscaped area, scenic 
lookouts, remote helicopter landing sites, existing fences, 
telecommunications towers and associated structures and equipment, 
electrical power transmission lines and distribution and communication 
facilities and regularly maintained associated rights-of-way and access 
ways, radars, telemetry antennas, missile launch sites, arboreta and 
gardens, heiau (indigenous places of worship or shrines) and other 
archaeological sites, airports, other paved areas, and lawns and other 
rural residential landscaped areas do not contain the primary 
constituent elements described for each species in paragraph (l) of 
this section and therefore are not included in the critical habitat 
designations. 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 99 critical habitat units designated on the 
island of Hawaii.
(1) Note: Map 1--Index map follows:
BILLING CODE 4310-55-P

[[Page 39705]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.001

(2) Hawaii 1--Clermontia lindseyana--a (1,337 ha, 3,303 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
259287, 2189980; 258514, 2190124; 258227, 2189531; 257076, 2189405; 
256231, 2189611; 256096, 2190304; 256159, 2190978; 256258, 2191715; 
256132, 2192452; 256438, 2193135; 257202, 2193171; 258074, 2192865; 
259566, 2192515; 260015, 2192551; 260564, 2192488; 260937, 2192137; 
260600, 2191095; 260195, 2190187; return to starting point.
    (ii) Note: Map 2 follows:

[[Page 39706]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.002

(3) Hawaii 1--Clermontia peleana--a (4,704 ha, 11,624 ac)
    (i) Unit consists of the following seven boundary points: Start at 
261799, 2189905; 259290, 2190265; 259437, 2191186; 260905, 2197592; 
263380, 2198183; 264962, 2199047; 266443, 2189598; return to starting 
point.
    (ii) Note: Map 3 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.003
    
(4) Hawaii 1--Clermontia pyrularia--a (1,378 ha, 3,405 ac)
    (i) Unit consists of the following 21 boundary points: Start at 
258551, 2191038; 258529, 2189991; 258210, 2188565; 257890, 2188331; 
257487, 2188365; 256896, 2188490; 256215, 2188925; 255931, 2188918; 
255675, 2189060; 255456, 2189333; 255283, 2189470; 255306, 2189929; 
255346, 2190140; 255408, 2190618; 255387, 2191557; 255496, 2193031; 
255782, 2193009; 256122, 2193173; 256270, 2193339; 257054, 2193360; 
258360, 2192915; return to starting point.
    (ii) Note: Map 4 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.004
    
(5) Hawaii 1--Cyanea shipmanii--a (1,577 ha, 3,898 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
258782, 2190167; 258548, 2189979; 258183, 2188260; 257434, 2188452; 
256928, 2188480; 256188, 2188929; 255258, 2189156; 255505, 2193009; 
255781, 2192991; 256152, 2193174; 256156, 2193377; 257053, 2193355; 
259425, 2192593; 259263, 2191816; 259174, 2191010; return to starting 
point.
    (ii) Note: Map 5 follows:

[[Page 39707]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.005

(6) Hawaii 1--Phyllostegia racemosa--a (938 ha, 2,317 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
258101, 2190453; 257892, 2189913; 256913, 2188486; 256656, 2188640; 
256222, 2188920; 255488, 2189023; 255638, 2189438; 256199, 2190746; 
256201, 2190776; 256355, 2192927; 256193, 2193388; 257046, 2193366; 
258868, 2192771; 258286, 2190933; return to starting point.
    (ii) Note: Map 6 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.006
    
(7) Hawaii 2--Clermontia lindseyana--b (1,262 ha, 3,119 ac)
    (i) Unit consists of the following 11 boundary points: Start at 
257292, 2195256; 256959, 2195939; 256806, 2197162; 256815, 2198142; 
256627, 2199661; 256609, 2200056; 259081, 2200802; 259908, 2197800; 
259126, 2196047; 257939, 2196380; 257957, 2195319; return to starting 
point.
    (ii) Note: Map 7 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.007
    
(8) Hawaii 2--Clermontia pyrularia--b (1,383 ha, 3,418 ac)
    (i) Unit consists of the following 20 boundary points: Start at 
255651, 2196455; 255597, 2196941; 255516, 2197725; 255512, 2197761; 
255468, 2198050; 255421, 2198130; 255299, 2198552; 255372, 2199203; 
256335, 2199414; 256242, 2200024; 255213, 2199704; 254946, 2201156; 
255168, 2201360; 256079, 2201937; 256430, 2201672; 257336, 2200280; 
257616, 2199751; 257968, 2196298; 258088, 2195186; 255745, 2195208; 
return to starting point.
    (ii) Note: Map 8 follows:

[[Page 39708]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.008

(9) Hawaii 2--Phyllostegia racemosa--b (1,683 ha, 4,158 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
258723, 2200661; 258940, 2200060; 259480, 2196687; 259164, 2195977; 
257990, 2196313; 258115, 2195161; 255794, 2195189; 255648, 2196936; 
255554, 2197804; 255334, 2198495; 255397, 2199185; 256317, 2199426; 
256234, 2199928; return to starting point.
    (ii) Note: Map 9 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.009
    
(10) Hawaii 3--Clermontia peleana--b (4,098 ha, 10,126 ac)
    (i) Unit consists of the following 16 boundary points: Start at 
265536, 2206014; 265870, 2201356; 264628, 2199741; 260958, 2198980; 
260785, 2200155; 262026, 2204132; 261185, 2204813; 260398, 2204759; 
259170, 2203211; 258222, 2203945; 258477, 2204289; 259386, 2206126; 
259977, 2206520; 260443, 2206955; 261652, 2208710; 262533, 2208323; 
return to starting point.
    (ii) Note: Map 10 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.010
    
(11) Hawaii 3--Cyanea platyphylla--a (1,403 ha, 3,467 ac)
    (i) Unit consists of the following eight boundary points: Start at 
261936, 2208604; 263321, 2207740; 265617, 2206104; 265417, 2204172; 
264174, 2203283; 260750, 2206482; 260875, 2207122; 261952, 2208637; 
return to starting point.
    (ii) Note: Map 11 follows:

[[Page 39709]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.011

(12) Hawaii 3--Cyrtandra giffardii--a (1,510 ha, 3,731 ac)
    (i) Unit consists of the following 22 boundary points: Start at 
263977, 2204191; 263091, 2203511; 262736, 2203406; 261836, 2204431; 
261358, 2204610; 261162, 2204774; 261114, 2204782; 260137, 2205484; 
260269, 2205773; 260727, 2206307; 260808, 2207135; 261955, 2208667; 
262335, 2208492; 262457, 2208405; 262682, 2208256; 262829, 2208171; 
263062, 2208031; 264606, 2206914; 264702, 2206732; 265162, 2206251; 
265443, 2205871; 264381, 2205051; return to starting point.
    (ii) Note: Map 12 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.012
    
(13) Hawaii 3--Cyrtandra tintinnabula--a (2,322 ha, 5,738 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
261996, 2208648; 262049, 2208624; 263522, 2207698; 265651, 2206158; 
265754, 2204527; 265122, 2203759; 262570, 2202152; 261169, 2201554; 
261944, 2204127; 261158, 2204766; 260467, 2204723; 260185, 2204367; 
260136, 2204327; 260129, 2204298; 259641, 2203682; 259436, 2203822; 
258995, 2204073; 259216, 2204499; 259562, 2204625; 259924, 2205129; 
260239, 2205570; 260255, 2205790; 260539, 2206042; 260743, 2206373; 
260822, 2206782; 260854, 2207176; 261184, 2207475; 261515, 2208026; 
261720, 2208326; 261972, 2208593; return to starting point.
    (ii) Note: Map 13 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.013
    
(14) Hawaii 3--Phyllostegia warshaueri--a (2,471 ha, 6,105 ac)
    (i) Unit consists of the following 21 boundary points: Start at 
257006, 2207522; 257019, 2207554; 257990, 2209960; 258969, 2210027; 
258996, 2210030; 259000, 2210028; 259841, 2209621; 260070, 2208710; 
261086, 2208085; 261545, 2208642; 262022, 2208476; 262839, 2208040; 
263330, 2207359; 264502, 2206514; 265710, 2205217; 265744, 2204501; 
265526, 2204234; 263864, 2203016; 263466, 2203598; 261804, 2205478; 
259132, 2206487; return to starting point.
    (ii) Note: Map 14 follows:

[[Page 39710]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.014

(15) Hawaii 4--Isodendrion hosakae--a (49 ha, 121 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
216918, 2213235; 217016, 2213305; 217029, 2213274; 217005, 2213247; 
217021, 2213158; 217073, 2213172; 217095, 2213120; 217071, 2213088; 
217094, 2213045; 217129, 2213041; 217123, 2212977; 217141, 2212945; 
217161, 2212966; 217207, 2212974; 217303, 2213051; 217353, 2212944; 
217455, 2212885; 217511, 2212825; 217544, 2212704; 217624, 2212704; 
217658, 2212443; 217423, 2212270; 217284, 2212268; 217105, 2212451; 
216974, 2212346; 216772, 2212797; 216900, 2213009; 216946, 2212994; 
216966, 2213060; 216928, 2213088; return to starting point.
    (ii) Note: Map 15 follows:

[[Page 39711]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.015

(16) Hawaii 4--Isodendrion hosakae--b (35 ha, 87 ac)
    (i) Unit consists of the following 32 boundary points: Start at 
223492, 2211567; 223608, 2211572; 223691, 2211528; 223727, 2211464; 
223811, 2211316; 223763, 2211291; 223859, 2211232; 223887, 2211182; 
223881, 2211116; 223938, 2211006; 223918, 2210977; 223876, 2210984; 
223832, 2210851; 223809, 2210816; 223729, 2210799; 223636, 2210739; 
223556, 2210796; 223552, 2210877; 223614, 2210869; 223630, 2210891; 
223572, 2210924; 223506, 2210932; 223418, 2210946; 223338, 2210965; 
223296, 2211003; 223244, 2211091; 223188, 2211145; 223294, 2211291; 
223359, 2211352; 223406, 2211368; 223414, 2211415; 223415, 2211453; 
return to starting point.
    (ii) Note: Map 16 follows:

[[Page 39712]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.016

(17) Hawaii 4--Isodendrion hosakae--c (49 ha, 121 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
230256, 2210857; 230438, 2210998; 230517, 2211001; 230682, 2211057; 
230897, 2211021; 231011, 2210874; 231090, 2210642; 231078, 2210504; 
230899, 2210322; 230783, 2210259; 230543, 2210360; 230357, 2210475; 
230289, 2210576; 230244, 2210644; 230224, 2210817; return to starting 
point.
    (ii) Note: Map 17 follows:

[[Page 39713]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.017

(18) Hawaii 4--Isodendrion hosakae--d (49 ha, 121 ac)
    (i) Unit consists of the following nine boundary points: Start at 
231266, 2211631; 231267, 2211631; 231537, 2212023; 232139, 2211722; 
231979, 2211293; 231830, 2211149; 231774, 2211152; 231436, 2211271; 
231277, 2211485; return to starting point.
    (ii) Note: Map 18 follows:

[[Page 39714]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.018

(19) Hawaii 4--Isodendrion hosakae--e (11 ha, 26 ac)
    (i) Unit consists of the following 39 boundary points: Start at 
222273, 2208478; 222265, 2208455; 222245, 2208415; 222245, 2208393; 
222331, 2208332; 222330, 2208290; 222311, 2208248; 222279, 2208219; 
222256, 2208215; 222254, 2208246; 222251, 2208259; 222230, 2208261; 
222222, 2208286; 222213, 2208303; 222225, 2208306; 222227, 2208316; 
222214, 2208320; 222209, 2208331; 222194, 2208337; 222189, 2208329; 
222194, 2208324; 222202, 2208299; 222198, 2208283; 222219, 2208259; 
222244, 2208216; 222238, 2208183; 222198, 2208149; 222045, 2208166; 
222020, 2208212; 221971, 2208225; 221966, 2208306; 221969, 2208396; 
221963, 2208440; 221988, 2208483; 222015, 2208509; 222077, 2208552; 
222199, 2208535; 222218, 2208498; 222247, 2208498; return to starting 
point.
    (ii) Note: Map 19 follows:

[[Page 39715]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.019

(20) Hawaii 4--Isodendrion hosakae--f (51 ha, 127 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
221456, 2205056; 221315, 2205089; 220996, 2205294; 220895, 2205435; 
220799, 2205324; 220680, 2205394; 220645, 2205535; 220550, 2205636; 
220701, 2205687; 220754, 2205770; 220904, 2205756; 220861, 2205816; 
221058, 2205989; 221139, 2205911; 221195, 2205756; 221253, 2205717; 
221216, 2205641; 221179, 2205613; 221095, 2205611; 221197, 2205553; 
221326, 2205451; 221675, 2205188; 221929, 2204996; 221948, 2204869; 
221871, 2204802; 221737, 2204828; 221610, 2204957; return to starting 
point.
    (ii) Note: Map 20 follows:

[[Page 39716]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.020

(21) Hawaii 4--Vigna o-wahuensis--a (49 ha, 121 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
216918, 2213235; 217016, 2213305; 217029, 2213274; 217005, 2213247; 
217021, 2213158; 217073, 2213172; 217095, 2213120; 217071, 2213088; 
217094, 2213045; 217129, 2213041; 217123, 2212977; 217141, 2212945; 
217161, 2212966; 217207, 2212974; 217303, 2213051; 217353, 2212944; 
217455, 2212885; 217511, 2212825; 217544, 2212704; 217624, 2212704; 
217658, 2212443; 217423, 2212270; 217284, 2212268; 217105, 2212451; 
216974, 2212346; 216772, 2212797; 216900, 2213009; 216946, 2212994; 
216966, 2213060; 216928, 2213088; return to starting point.
    (ii) Note: Map 21 follows:

[[Page 39717]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.021

(22) Hawaii 4--Vigna o-wahuensis--b (35 ha, 87 ac)
    (i) Unit consists of the following 32 boundary points: Start at 
223492, 2211567; 223608, 2211572; 223691, 2211528; 223727, 2211464; 
223811, 2211316; 223763, 2211291; 223859, 2211232; 223887, 2211182; 
223881, 2211116; 223938, 2211006; 223918, 2210977; 223876, 2210984; 
223832, 2210851; 223809, 2210816; 223729, 2210799; 223636, 2210739; 
223556, 2210796; 223552, 2210877; 223614, 2210869; 223630, 2210891; 
223572, 2210924; 223506, 2210932; 223418, 2210946; 223338, 2210965; 
223296, 2211003; 223244, 2211091; 223188, 2211145; 223294, 2211291; 
223359, 2211352; 223406, 2211368; 223414, 2211415; 223415, 2211453; 
return to starting point.
    (ii) Note: Map 22 follows:

[[Page 39718]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.022

(23) Hawaii 4--Vigna o-wahuensis--c (51 ha, 127 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
221456, 2205056; 221315, 2205089; 220996, 2205294; 220895, 2205435; 
220799, 2205324; 220680, 2205394; 220645, 2205535; 220550, 2205636; 
220701, 2205687; 220754, 2205770; 220904, 2205756; 220861, 2205816; 
221058, 2205989; 221139, 2205911; 221195, 2205756; 221253, 2205717; 
221216, 2205641; 221179, 2205613; 221095, 2205611; 221197, 2205553; 
221326, 2205451; 221675, 2205188; 221929, 2204996; 221948, 2204869; 
221871, 2204802; 221737, 2204828; 221610, 2204957; return to starting 
point.
    (ii) Note: Map 23 follows:

[[Page 39719]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.023


[[Page 39720]]


(24) Hawaii 5--Nothocestrum breviflorum--a (403 ha, 995 ac)
    (i) Unit consists of the following 10 boundary points: Start at 
223325, 2230961; 223717, 2230611; 223961, 2230395; 224099, 2230006; 
222943, 2227775; 221847, 2228401; 221769, 2228638; 221914, 2229066; 
222052, 2229490; 222606, 2230217; return to starting point.
    (ii) Note: Map 24 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.024
    
(25) Hawaii 6--Nothocestrum breviflorum--b (1,113 ha, 2,750 ac)
    (i) Unit consists of the following 29 boundary points: Start at 
217283, 2233128; 217629, 2233499; 218093, 2234242; 218828, 2233584; 
218277, 2231773; 218266, 2231685; 218291, 2231675; 219411, 2233375; 
219521, 2233443; 219655, 2233414; 220288, 2233050; 220656, 2232834; 
221080, 2232612; 220999, 2232500; 220822, 2232233; 220802, 2231818; 
220498, 2230963; 220529, 2230813; 220350, 2230453; 220296, 2229915; 
220205, 2229697; 220190, 2229504; 220122, 2229416; 218354, 2230452; 
216792, 2231049; 216919, 2231470; 217150, 2231890; 217026, 2232314; 
217214, 2232981; return to starting point.
    (ii) Note: Map 25 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.025
    
(26) Hawaii 7--Pleomele hawaiiensis--a (677 ha, 1,673 ac)
    (i) Unit consists of the following 92 boundary points: Start at 
213884, 2231521; 213842, 2231562; 213785, 2231427; 213666, 2231261; 
213601, 2230893; 213453, 2230596; 213305, 2230350; 213204, 2230269; 
213030, 2230210; 212859, 2230290; 212807, 2230381; 212812, 2230467; 
212835, 2230541; 212877, 2230637; 212939, 2230736; 213011, 2230905; 
213041, 2231129; 212997, 2231275; 213007, 2231651; 213147, 2232011; 
213409, 2232858; 213387, 2233177; 213269, 2233218; 213462, 2233730; 
213453, 2233976; 213443, 2234090; 213442, 2234162; 213373, 2234284; 
213315, 2234388; 213271, 2234480; 213320, 2234721; 213371, 2234760; 
213429, 2234835; 213464, 2234878; 213513, 2234943; 213559, 2235003; 
213642, 2235106; 213659, 2235121; 213685, 2235147; 213724, 2235205; 
213745, 2235328; 213734, 2235407; 213765, 2235497; 213747, 2235588; 
213771, 2235662; 213817, 2235706; 213849, 2235729; 213891, 2235850; 
213906, 2235884; 213908, 2235940; 213886, 2235998; 213892, 2236033; 
214009, 2236115; 214062, 2236170; 214080, 2236202; 214083, 2236227; 
214091, 2236260; 214140, 2236304; 214165, 2236296; 214069, 2236123; 
213954, 2236053; 214016, 2235921; 213862, 2235537; 213901, 2235357; 
213770, 2235029; 213484, 2234675; 213587, 2234485; 213891, 2234567; 
213773, 2233608; 214112, 2233331; 214183, 2233458; 214141, 2233713; 
214320, 2234212; 214483, 2234338; 214390, 2234581; 214802, 2235593; 
214978, 2235684; 215037, 2235434; 215190, 2235808; 215483, 2235675; 
215479, 2235179; 215269, 2234894; 215127, 2234463; 215158, 2234131; 
214937, 2233848; 215182, 2233321; 214973, 2232427; 215018, 2231531; 
214640, 2231432; 214495, 2231365; 214382, 2231329; 214332, 2231335; 
return to starting point.
    (ii) Note: Map 26 follows:

[[Page 39721]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.026

(27) Hawaii 8--Clermontia drepanomorpha--a (1,906 ha, 4,709 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
214766, 2225082; 215176, 2225539; 215405, 2225905; 215716, 2226097; 
216131, 2226318; 217035, 2226328; 218354, 2225470; 219286, 2224824; 
219895, 2223228; 218899, 2220922; 218806, 2219907; 218769, 2219298; 
218197, 2219271; 217672, 2220036; 217653, 2220562; 217819, 2221512; 
217520, 2221821; 217378, 2221880; 217229, 2221937; 217063, 2221937; 
216768, 2222158; 216463, 2222582; 215919, 2223071; 215956, 2223348; 
215550, 2223643; 215070, 2223892; 214393, 2224156; 214299, 2224261; 
214335, 2224407; 214570, 2224647; return to starting point.
    (ii) Note: Map 27 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.027
    
(28) Hawaii 8--Phyllostegia warshaueri--b (1,177 ha, 2,908 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
218326, 2219182; 218265, 2219899; 218572, 2220103; 219186, 2220554; 
218961, 2221066; 218183, 2222274; 217900, 2223294; 218531, 2223871; 
219842, 2223011; 220052, 2222981; 220255, 2223197; 220513, 2223371; 
220883, 2223437; 221142, 2223301; 221469, 2222879; 221431, 2222712; 
221443, 2222484; 221956, 2222124; 221860, 2221917; 221276, 2221939; 
221020, 2221746; 220775, 2221645; 220679, 2221263; 221125, 2220585; 
221255, 2220003; 220857, 2218373; 220445, 2219168; return to starting 
point.
    (ii) Note: Map 28 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.028
    
(29) Hawaii 9--Achyranthes mutica--a (63 ha, 157 ac)
    (i) Unit consists of the following 82 boundary points: Start at 
211908, 2224450; 211840, 2224339; 211562, 2224160; 211477, 2224142; 
211418, 2224067; 211356, 2224034; 211319, 2223969; 211271, 2223951; 
211220, 2223903; 211172, 2223900; 211144, 2223870; 211106, 2223860; 
211053, 2223873; 210980, 2223837; 210916, 2223837; 210864, 2223788; 
210802, 2223764; 210694, 2223796; 210650, 2223761; 210578, 2223756; 
210489, 2223646; 210425, 2223652; 210359, 2223635; 210254, 2223626; 
210218, 2223598; 210154, 2223584; 210056, 2223595; 209922, 2223585; 
209805, 2223507; 209521, 2223432; 209365, 2223366; 209228, 2223347; 
208930, 2223267; 208835, 2223286; 208830, 2223355; 208907, 2223389; 
209205,

[[Page 39722]]

2223465; 209333, 2223482; 209483, 2223546; 209548, 2223555; 209606, 
2223568; 209652, 2223593; 209761, 2223619; 209887, 2223699; 209956, 
2223703; 209996, 2223703; 210057, 2223716; 210148, 2223704; 210219, 
2223742; 210431, 2223770; 210529, 2223870; 210603, 2223875; 210683, 
2224047; 210751, 2224079; 210773, 2224145; 210846, 2224182; 210875, 
2224212; 210992, 2224241; 211084, 2224220; 211131, 2224248; 211225, 
2224269; 211290, 2224395; 211339, 2224415; 211428, 2224394; 211464, 
2224477; 211515, 2224517; 211607, 2224525; 211733, 2224561; 211824, 
2224547; 211926, 2224590; 211986, 2224640; 212066, 2224670; 212094, 
2224717; 212088, 2224750; 212115, 2224806; 212108, 2224823; 212219, 
2224872; 212243, 2224820; 212243, 2224778; 212216, 2224731; 212213, 
2224684; 212160, 2224595; return to starting point.
    (ii) Excluding one area bounded by the following 31 points (8 ha, 
19 ac): Start at 211235, 2224062; 211172, 2224016; 211129, 2224012; 
211093, 2223986; 211042, 2223992; 210945, 2223954; 210872, 2223952; 
210792, 2223885; 210751, 2223908; 210770, 2223960; 210841, 2223994; 
210870, 2224063; 210928, 2224102; 210992, 2224116; 211080, 2224094; 
211174, 2224135; 211293, 2224156; 211335, 2224196; 211345, 2224253; 
211373, 2224282; 211439, 2224272; 211501, 2224297; 211562, 2224404; 
211619, 2224407; 211657, 2224425; 211731, 2224441; 211766, 2224436; 
211506, 2224267; 211403, 2224240; 211340, 2224159; 211274, 2224128; 
return to starting point.
    (iii) Note: Map 29 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.029
    

[[Page 39723]]


(30) Hawaii 9--Achyranthes mutica--b (124 ha, 306 ac)
    (i) Unit consists of the following 211 boundary points: Start at 
211305, 2223364; 211375, 2223384; 211403, 2223445; 211471, 2223464; 
211508, 2223521; 211605, 2223565; 211667, 2223634; 211757, 2223690; 
211885, 2223733; 211931, 2223724; 211986, 2223686; 212068, 2223746; 
212139, 2223774; 212198, 2223854; 212277, 2223900; 212406, 2223912; 
212539, 2223951; 212645, 2223915; 212681, 2223974; 212720, 2223994; 
212836, 2224123; 212883, 2224222; 212935, 2224265; 213002, 2224253; 
213015, 2224188; 212983, 2224154; 212926, 2224043; 212826, 2223931; 
212746, 2223863; 212766, 2223847; 212819, 2223884; 212890, 2223915; 
213075, 2223887; 213289, 2223971; 213371, 2223934; 213409, 2223871; 
213316, 2223863; 213077, 2223764; 212894, 2223794; 212820, 2223740; 
212780, 2223729; 212674, 2223741; 212626, 2223773; 212579, 2223781; 
212533, 2223829; 212510, 2223825; 212439, 2223796; 212348, 2223795; 
212294, 2223777; 212205, 2223673; 212125, 2223641; 212013, 2223563; 
211957, 2223565; 211888, 2223610; 211803, 2223577; 211717, 2223519; 
211686, 2223470; 211593, 2223426; 211549, 2223371; 211491, 2223344; 
211458, 2223292; 211397, 2223257; 211323, 2223241; 211283, 2223193; 
211242, 2223171; 211187, 2223097; 211045, 2223037; 210978, 2222957; 
210854, 2222894; 210790, 2222817; 210763, 2222740; 210607, 2222645; 
210591, 2222566; 210546, 2222536; 210433, 2222414; 210413, 2222350; 
210443, 2222344; 210571, 2222422; 210666, 2222448; 210691, 2222500; 
210725, 2222521; 210793, 2222517; 210852, 2222539; 210905, 2222517; 
210925, 2222488; 211073, 2222553; 211191, 2222530; 211279, 2222586; 
211348, 2222589; 211378, 2222610; 211441, 2222613; 211494, 2222638; 
211568, 2222607; 211619, 2222618; 211712, 2222598; 211828, 2222527; 
211912, 2222500; 212003, 2222547; 212069, 2222542; 212147, 2222486; 
212228, 2222467; 212274, 2222404; 212348, 2222471; 212448, 2222511; 
212668, 2222802; 212761, 2222874; 212802, 2222963; 213012, 2223108; 
213060, 2223184; 213115, 2223225; 213115, 2223296; 213180, 2223380; 
213342, 2223505; 213502, 2223538; 213592, 2223617; 213636, 2223593; 
213643, 2223539; 213565, 2223434; 213394, 2223394; 213253, 2223285; 
213234, 2223260; 213253, 2223205; 213231, 2223147; 213152, 2223106; 
213084, 2223011; 212891, 2222882; 212863, 2222805; 212756, 2222719; 
212535, 2222428; 212497, 2222398; 212412, 2222369; 212308, 2222279; 
212217, 2222281; 212186, 2222304; 212160, 2222365; 212097, 2222377; 
212025, 2222427; 211944, 2222384; 211894, 2222380; 211782, 2222415; 
211678, 2222482; 211644, 2222482; 211575, 2222486; 211508, 2222513; 
211448, 2222492; 211413, 2222496; 211386, 2222474; 211328, 2222470; 
211194, 2222417; 211089, 2222433; 210981, 2222380; 210899, 2222365; 
210832, 2222399; 210774, 2222396; 210736, 2222348; 210624, 2222314; 
210481, 2222229; 210331, 2222220; 210250, 2222177; 210082, 2222125; 
209980, 2222118; 209833, 2222142; 209813, 2222131; 209804, 2222071; 
209776, 2222040; 209729, 2222030; 209675, 2222040; 209640, 2222012; 
209577, 2222003; 209527, 2221938; 209471, 2221916; 209325, 2221943; 
209234, 2221919; 209020, 2221948; 208952, 2221925; 208760, 2221918; 
208599, 2221816; 208492, 2221827; 208460, 2221817; 208410, 2221927; 
208484, 2221948; 208565, 2221936; 208676, 2222014; 208732, 2222035; 
208927, 2222043; 209015, 2222068; 209236, 2222040; 209325, 2222064; 
209449, 2222035; 209526, 2222112; 209647, 2222157; 209695, 2222158; 
209723, 2222210; 209793, 2222256; 209892, 2222262; 210029, 2222239; 
210205, 2222289; 210267, 2222326; 210332, 2222479; 210486, 2222645; 
210485, 2222700; 210505, 2222750; 210534, 2222771; 210592, 2222771; 
210670, 2222819; 210675, 2222877; 210775, 2222984; 210911, 2223056; 
210970, 2223132; 211117, 2223195; 211175, 2223273; return to starting 
point.
    (ii) Excluding one area bounded by the following five points (<1 
ha, <1 ac): Start at 211099, 2222496; 211109, 2222499; 211114, 2222499; 
211118, 2222497; 211103, 2222479; return to starting point.
    (iii) Note: Map 30 follows:

[[Page 39724]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.030

(31) Hawaii 9--Achyranthes mutica--c (67 ha, 166 ac)
    (i) Unit consists of the following 114 boundary points: Start at 
214447, 2222623; 214480, 2222585; 214474, 2222534; 214441, 2222505; 
214055, 2222500; 213775, 2222429; 213683, 2222443; 213605, 2222423; 
213500, 2222421; 213445, 2222367; 213339, 2222356; 213251, 2222303; 
213225, 2222268; 213112, 2222232; 213029, 2222167; 212905, 2222150; 
212752, 2222091; 212654, 2222033; 212657, 2221930; 212627, 2221876; 
212610, 2221781; 212532, 2221714; 212449, 2221692; 212403, 2221653; 
212384, 2221545; 212341, 2221489; 212348, 2221423; 212328, 2221349; 
212298, 2221305; 212213, 2221243; 212181, 2221177; 212126, 2221131; 
212117, 2221072; 212086, 2221019; 212000, 2220995; 211970, 2220899; 
211930, 2220851; 211934, 2220790; 211874, 2220666; 211868, 2220609; 
211830, 2220572; 211804, 2220499; 211669, 2220360; 211517, 2220331; 
211480, 2220298; 211424, 2220284; 211404, 2220203; 211334, 2220125; 
211281, 2219976; 211155, 2219728; 211059, 2219692; 211026, 2219657; 
210955, 2219623; 210865, 2219627; 210798, 2219584; 210675, 2219589; 
210587, 2219571; 210551, 2219507; 210505, 2219505; 210465, 2219555; 
210482, 2219632; 210532, 2219684; 210655, 2219709; 210771, 2219702; 
210805, 2219739; 210843, 2219752; 210929, 2219741; 210992, 2219793; 
211068, 2219818; 211172, 2220027; 211227, 2220180; 211295, 2220255; 
211335, 2220366; 211461, 2220440; 211611, 2220468; 211703, 2220566; 
211753, 2220665; 211761, 2220714; 211810, 2220794; 211811, 2220884; 
211862, 2220954; 211895, 2221066; 211936, 2221107; 212003, 2221115; 
212026, 2221204; 212080, 2221243; 212124, 2221326; 212220, 2221402; 
212224, 2221522; 212274, 2221597; 212292, 2221705; 212388, 2221798; 
212459, 2221812; 212503, 2221840; 212510,

[[Page 39725]]

2221905; 212540, 2221974; 212507, 2222024; 212501, 2222072; 212543, 
2222144; 212583, 2222162; 212627, 2222158; 212872, 2222265; 212987, 
2222280; 213048, 2222334; 213150, 2222369; 213305, 2222475; 213389, 
2222475; 213467, 2222537; 213685, 2222564; 213761, 2222548; 214042, 
2222616; 214157, 2222613; 214239, 2222618; 214319, 2222611; return to 
starting point.
    (ii) Note: Map 31 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.031
    
(32) Hawaii 9--Achyranthes mutica--d (58 ha, 143 ac)
    (i) Unit consists of the following 83 boundary points: Start at 
214438, 2221820; 214413, 2221797; 214386, 2221680; 214341, 2221624; 
214236, 2221577; 214192, 2221506; 214008, 2221412; 213919, 2221344; 
213917, 2221296; 213890, 2221262; 213884, 2221222; 213758, 2221097; 
213685, 2221055; 213605, 2221031; 213535, 2220982; 213480, 2220882; 
213407, 2220820; 213384, 2220774; 213316, 2220740; 213178, 2220485; 
213084, 2220393; 213022, 2220355; 212956, 2220257; 212808, 2220171; 
212777, 2220117; 212741, 2220090; 212715, 2220056; 212695, 2219935; 
212668, 2219888; 212516, 2219808; 212489, 2219754; 212288, 2219567; 
212179, 2219502; 212052, 2219459; 211790, 2219103; 211552, 2218878; 
211513, 2218800; 211486, 2218774; 211451, 2218791; 211424, 2218818; 
211424, 2218878; 211459, 2218955; 211700, 2219183; 211969, 2219547; 
212135, 2219614; 212226, 2219670; 212391, 2219825; 212443, 2219903; 
212578, 2219968; 212603, 2220105; 212654, 2220177; 212688, 2220198; 
212709, 2220249; 212787, 2220293; 212824, 2220334; 212873, 2220352; 
212940, 2220443; 213005, 2220484; 213090,

[[Page 39726]]

2220567; 213108, 2220631; 213225, 2220827; 213293, 2220862; 213379, 
2220952; 213439, 2221062; 213540, 2221136; 213683, 2221191; 213768, 
2221286; 213838, 2221437; 213939, 2221510; 214108, 2221602; 214163, 
2221673; 214261, 2221717; 214322, 2221877; 214479, 2221995; 214474, 
2222036; 214504, 2222187; 214564, 2222248; 214601, 2222232; 214615, 
2222160; 214609, 2222121; 214595, 2222026; 214602, 2221949; 214578, 
2221912; return to starting point.
    (ii) Note: Map 32 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.032
    
(33) Hawaii 9--Achyranthes mutica--e (96 ha, 238 ac)
    (i) Unit consists of the following 99 boundary points: Start at 
214237, 2221396; 214246, 2221433; 214279, 2221468; 214325, 2221468; 
214358, 2221436; 214355, 2221358; 214318, 2221305; 214305, 2221223; 
214287, 2221049; 214300, 2220991; 214278, 2220930; 214286, 2220881; 
214313, 2220902; 214322, 2221047; 214365, 2221179; 214410, 2221218; 
214476, 2221333; 214576, 2221408; 214591, 2221498; 214624, 2221541; 
214679, 2221569; 214698, 2221646; 214740, 2221664; 214796, 2221627; 
214793, 2221531; 214759, 2221478; 214700, 2221448; 214690, 2221357; 
214573, 2221258; 214555, 2221210; 214474, 2221113; 214430, 2220938; 
214431, 2220859; 214371, 2220793; 214339, 2220598; 214356, 2220538; 
214326, 2220426; 214294, 2220372; 214236, 2220332; 214188, 2220269; 
214118, 2220061; 214005, 2219871; 213995, 2219762; 213945, 2219600; 
213933, 2219438; 213852, 2219367; 213784, 2219348; 213756, 2219241; 
213719, 2219214; 213680, 2219137; 213551, 2219003; 213560, 2218908; 
213486, 2218751; 213396, 2218673; 213327, 2218524; 213204, 2218429; 
213145,

[[Page 39727]]

2218404; 213092, 2218406; 212882, 2218263; 212764, 2218230; 212684, 
2218191; 212589, 2218244; 212485, 2218242; 212425, 2218262; 212420, 
2218327; 212558, 2218345; 212607, 2218406; 212693, 2218421; 212709, 
2218465; 212774, 2218551; 212890, 2218603; 212903, 2218650; 212889, 
2218747; 212904, 2218803; 213028, 2218949; 213082, 2219133; 213196, 
2219265; 213245, 2219371; 213290, 2219423; 213311, 2219514; 213517, 
2219786; 213597, 2219831; 213729, 2219948; 213812, 2220057; 213922, 
2220266; 213959, 2220297; 213979, 2220340; 214024, 2220366; 214050, 
2220531; 214097, 2220597; 214097, 2220637; 214143, 2220749; 214139, 
2220807; 214167, 2220862; 214158, 2220933; 214175, 2221002; 214166, 
2221051; 214187, 2221243; 214206, 2221349; return to starting point.
    (ii) Excluding two areas:
    (A) Bounded by the following seven points (1 ha, 1 ac): Start at 
214223, 2220569; 214237, 2220545; 214219, 2220515; 214216, 2220461; 
214146, 2220412; 214161, 2220500; 214199, 2220523; return to starting 
point.
    (B) Bounded by the following 42 points (38 ha, 94 ac): Start at 
214049, 2220213; 214008, 2220110; 213892, 2219916; 213877, 2219786; 
213826, 2219614; 213823, 2219491; 213696, 2219433; 213663, 2219365; 
213649, 2219307; 213619, 2219275; 213591, 2219218; 213434, 2219056; 
213440, 2218923; 213385, 2218816; 213302, 2218748; 213232, 2218602; 
213126, 2218523; 213033, 2218514; 212998, 2218479; 212834, 2218368; 
212794, 2218356; 212809, 2218402; 212825, 2218431; 212855, 2218461; 
212888, 2218485; 212953, 2218499; 212996, 2218545; 213022, 2218636; 
213007, 2218725; 213013, 2218754; 213131, 2218887; 213194, 2219087; 
213261, 2219149; 213346, 2219306; 213394, 2219361; 213412, 2219449; 
213602, 2219700; 213668, 2219734; 213820, 2219870; 213852, 2219933; 
213913, 2219992; 214024, 2220195; return to starting point.
    (iii) Note: Map 33 follows:

[[Page 39728]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.033

(34) Hawaii 9--Achyranthes mutica--f (43 ha, 105 ac)
    (i) Unit consists of the following 65 boundary points: Start at 
215029, 2221141; 215078, 2221118; 215100, 2221081; 215105, 2221047; 
215092, 2220971; 215106, 2220903; 215094, 2220834; 215046, 2220727; 
215049, 2220676; 215102, 2220585; 215091, 2220525; 215103, 2220441; 
215078, 2220357; 215072, 2220203; 215020, 2219976; 214978, 2219936; 
214975, 2219872; 214947, 2219833; 214959, 2219766; 214941, 2219705; 
214948, 2219637; 214883, 2219550; 214829, 2219519; 214843, 2219377; 
214782, 2219151; 214741, 2219084; 214717, 2218965; 214700, 2218708; 
214660, 2218467; 214650, 2218237; 214625, 2218082; 214553, 2217870; 
214527, 2217739; 214511, 2217708; 214476, 2217702; 214431, 2217728; 
214417, 2217776; 214449, 2217955; 214510, 2218118; 214530, 2218247; 
214540, 2218479; 214581, 2218725; 214598, 2218985; 214627, 2219125; 
214669, 2219193; 214725, 2219396; 214706, 2219465; 214712, 2219549; 
214738, 2219603; 214819, 2219663; 214796, 2219730; 214835, 2219788; 
214819, 2219871; 214858, 2219922; 214862, 2219981; 214908, 2220033; 
214951, 2220206; 214958, 2220369; 214981, 2220452; 214979, 2220577; 
214947, 2220626; 214924, 2220735; 214985, 2220898; 214972, 2220976; 
214987, 2221070; return to starting point.
    (ii) Note: Map 34 follows:

[[Page 39729]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.034

(35) Hawaii 9--Achyranthes mutica--g (37 ha, 92 ac)
    (i) Unit consists of the following 58 boundary points: Start at 
215603, 2220632; 215636, 2220594; 215638, 2220532; 215595, 2220313; 
215594, 2220146; 215573, 2220086; 215557, 2219909; 215486, 2219693; 
215509, 2219626; 215490, 2219443; 215514, 2219279; 215507, 2219212; 
215525, 2219154; 215513, 2218965; 215487, 2218921; 215439, 2218935; 
215421, 2218871; 215447, 2218842; 215441, 2218779; 215356, 2218664; 
215275, 2218426; 215304, 2218286; 215233, 2218154; 215249, 2218060; 
215206, 2217972; 215206, 2217897; 215158, 2217810; 215145, 2217560; 
215094, 2217556; 215038, 2217584; 215038, 2217818; 215090, 2217932; 
215089, 2218007; 215131, 2218085; 215109, 2218142; 215112, 2218184; 
215185, 2218304; 215155, 2218404; 215160, 2218458; 215247, 2218714; 
215328, 2218821; 215342, 2218926; 215394, 2219001; 215403, 2219144; 
215387, 2219204; 215383, 2219387; 215367, 2219431; 215388, 2219616; 
215365, 2219699; 215438, 2219924; 215431, 2219963; 215454, 2220022; 
215453, 2220094; 215475, 2220163; 215474, 2220317; 215523, 2220516; 
215533, 2220621; 215545, 2220669; return to starting point.
    (ii) Note: Map 35 follows:

[[Page 39730]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.035

(36) Hawaii 9--Achyranthes mutica--h (51 ha, 127 ac)
    (i) Unit consists of the following 89 boundary points: Start at 
215734, 2220485; 215765, 2220497; 215804, 2220452; 215818, 2220397; 
215784, 2220322; 215772, 2220245; 215817, 2220179; 215889, 2220150; 
215937, 2220077; 215955, 2219923; 215999, 2219846; 216021, 2219758; 
216009, 2219647; 216048, 2219449; 216024, 2219367; 216031, 2219325; 
216010, 2219282; 216053, 2219305; 216094, 2219364; 216137, 2219519; 
216139, 2219583; 216177, 2219682; 216178, 2219953; 216194, 2220018; 
216223, 2220058; 216259, 2220059; 216289, 2220016; 216301, 2219987; 
216298, 2219945; 216308, 2219773; 216295, 2219664; 216254, 2219549; 
216260, 2219498; 216212, 2219335; 216179, 2219277; 216099, 2219197; 
216052, 2219098; 215990, 2219041; 215937, 2219032; 215843, 2218966; 
215826, 2218898; 215861, 2218819; 215873, 2218650; 215805, 2218472; 
215755, 2218447; 215775, 2218360; 215691, 2218233; 215604, 2218175; 
215561, 2218121; 215555, 2217915; 215490, 2217671; 215528, 2217566; 
215517, 2217489; 215481, 2217456; 215448, 2217452; 215415, 2217471; 
215399, 2217507; 215407, 2217557; 215371, 2217647; 215391, 2217794; 
215436, 2217930; 215438, 2218124; 215486, 2218223; 215604, 2218316; 
215641, 2218385; 215687, 2218427; 215688, 2218503; 215752, 2218652; 
215738, 2218734; 215745, 2218785; 215706, 2218864; 215704, 2218932; 
215753, 2219051; 215835, 2219097; 215867, 2219146; 215875, 2219268; 
215910, 2219348; 215926, 2219453; 215888, 2219641; 215902, 2219734; 
215881, 2219806; 215827, 2219895; 215830, 2220023; 215804, 2220057; 
215765, 2220062; 215684, 2220120; 215664, 2220161; 215649, 2220293; 
215707, 2220428; return to starting point.
    (ii) Note: Map 36 follows:

[[Page 39731]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.036

(37) Hawaii 9--Achyranthes mutica--i (31 ha, 76 ac)
    (i) Unit consists of the following 54 boundary points: Start at 
216834, 2219498; 216868, 2219502; 216901, 2219476; 216916, 2219442; 
216903, 2219353; 216759, 2219197; 216646, 2219111; 216624, 2219076; 
216621, 2218932; 216675, 2218863; 216728, 2218712; 216725, 2218649; 
216696, 2218569; 216704, 2218501; 216752, 2218421; 216755, 2218361; 
216727, 2218309; 216657, 2218257; 216603, 2218151; 216551, 2218112; 
216511, 2218060; 216492, 2217991; 216451, 2217967; 216352, 2217946; 
216275, 2217799; 216194, 2217733; 216138, 2217593; 216168, 2217500; 
216154, 2217339; 216130, 2217288; 216078, 2217289; 216046, 2217330; 
216047, 2217501; 216017, 2217608; 216088, 2217792; 216177, 2217870; 
216230, 2217941; 216264, 2218034; 216303, 2218058; 216396, 2218077; 
216458, 2218191; 216514, 2218232; 216562, 2218330; 216635, 2218388; 
216586, 2218499; 216576, 2218561; 216609, 2218685; 216581, 2218726; 
216562, 2218818; 216503, 2218897; 216504, 2219112; 216559, 2219201; 
216683, 2219290; 216791, 2219410; return to starting point.
    (ii) Note: Map 37 follows:

[[Page 39732]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.037

(38) Hawaii 9--Achyranthes mutica--j (33 ha, 81 ac)
    (i) Unit consists of the following 45 boundary points: Start at 
218342, 2218980; 218378, 2218973; 218407, 2218964; 218411, 2218929; 
218400, 2218875; 218323, 2218752; 218189, 2218630; 218079, 2218566; 
217956, 2218519; 217764, 2218345; 217745, 2218240; 217685, 2218167; 
217657, 2218101; 217608, 2218068; 217537, 2217828; 217508, 2217776; 
217518, 2217705; 217495, 2217636; 217530, 2217550; 217478, 2217497; 
217416, 2217507; 217370, 2217634; 217398, 2217718; 217386, 2217786; 
217509, 2218141; 217535, 2218373; 217570, 2218472; 217631, 2218518; 
217662, 2218576; 217748, 2218779; 217756, 2218840; 217758, 2218986; 
217738, 2219099; 217771, 2219108; 217806, 2219095; 217846, 2219075; 
217869, 2218958; 217876, 2218841; 217861, 2218736; 217768, 2218520; 
217898, 2218624; 218030, 2218675; 218152, 2218753; 218233, 2218832; 
218305, 2218922; return to starting point.
    (ii) Note: Map 38 follows:

[[Page 39733]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.038


[[Page 39734]]


(39) Hawaii 10--Argyroxiphium kauense--a (349 ha, 861 ac)
    (i) Unit consists of the following 22 boundary points: Start at 
196364, 2183671; 196588, 2183730; 197040, 2183678; 197248, 2183609; 
197370, 2183522; 197891, 2183644; 198395, 2183678; 198917, 2183661; 
199421, 2183574; 199838, 2183400; 200064, 2183261; 200498, 2183174; 
200689, 2183053; 200869, 2183009; 200548, 2182197; 199189, 2182675; 
199188, 2182675; 198920, 2182722; 197323, 2182971; 196589, 2183108; 
196526, 2183207; 196397, 2183572; return to starting point.
    (ii) Note: Map 39 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.039
    
(40) Hawaii 10--Bonamia menziesii--a (163 ha, 402 ac)
    (i) Unit consists of the following 12 boundary points: Start at 
194344, 2189312; 194345, 2189312; 195096, 2189814; 195763, 2190048; 
196316, 2190285; 198038, 2190803; 198120, 2190635; 198240, 2190325; 
197169, 2189897; 195603, 2189733; 194504, 2189243; 194375, 2189221; 
return to starting point.
    (ii) Note: Map 40 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.040
    
(41) Hawaii 10--Colubrina oppositifolia--a (1,918 ha, 4,740 ac)
    (i) Unit consists of the following 23 boundary points: Start at 
194733, 2188289; 194501, 2189318; 195028, 2189765; 196242, 2190221; 
199593, 2191274; 200077, 2191445; 199462, 2192171; 199079, 2192786; 
199311, 2193260; 199926, 2193724; 200763, 2193240; 201809, 2192548; 
202245, 2192040; 202231, 2191144; 202231, 2190040; 202215, 2189832; 
202071, 2189709; 200959, 2189699; 199966, 2189369; 199139, 2189093; 
197714, 2188688; 196629, 2188284; 195353, 2187919; return to starting 
point.
    (ii) Note: Map 41 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.041
    
(42) Hawaii 10--Delissea undulata--a (92 ha, 227 ac)
    (i) Unit consists of the following 50 boundary points: Start at 
201717, 2188574; 201906, 2188644; 202144, 2188700; 202144, 2188602; 
202284, 2188434; 202305, 2188399; 202452, 2188462; 202347, 2188728; 
202326, 2188868; 202389, 2188952; 202459, 2189036; 202543, 2189120; 
202683, 2189204; 202781, 2189288; 202922, 2189330; 203132, 2189365; 
203279, 2189365; 203279, 2189260; 203454, 2189225; 203650, 2189113; 
203776, 2188959; 203629, 2188868; 203419, 2189043; 203342, 2188910; 
203258,

[[Page 39735]]

2188868; 203202, 2188945; 203272, 2189113; 203104, 2189120; 202886, 
2189162; 202830, 2189099; 202865, 2189001; 202641, 2188966; 202711, 
2188798; 202915, 2188742; 203041, 2188672; 203097, 2188602; 203041, 
2188490; 202915, 2188497; 202901, 2188420; 202851, 2188322; 202627, 
2188210; 202550, 2188280; 202382, 2188147; 202242, 2188070; 202095, 
2188217; 201983, 2188231; 201913, 2188119; 201822, 2188224; 201850, 
2188343; 201668, 2188553; return to starting point.
    (ii) Note: Map 42 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.042
    
(43) Hawaii 10--Delissea undulata--b (379 ha, 938 ac)
    (i) Unit consists of the following 46 boundary points: Start at 
200358, 2186648; 200652, 2186613; 200897, 2186774; 201009, 2186431; 
201114, 2186199; 201409, 2186389; 201640, 2186683; 201675, 2187187; 
201738, 2187292; 201892, 2186998; 201913, 2186767; 201843, 2186571; 
201780, 2186522; 201808, 2186312; 201913, 2186347; 201969, 2186227; 
201899, 2186178; 201997, 2186038; 201934, 2185947; 201987, 2185871; 
201923, 2185703; 201864, 2185800; 201794, 2185800; 201857, 2185569; 
201871, 2185564; 200825, 2182788; 200596, 2182893; 200701, 2183146; 
200785, 2183391; 200890, 2183440; 200841, 2183566; 200848, 2183755; 
200806, 2183860; 200855, 2183958; 200862, 2184287; 200596, 2184708; 
200596, 2184820; 200351, 2184974; 200316, 2185219; 200197, 2185261; 
200183, 2185695; 200204, 2185919; 200092, 2186010; 200113, 2186199; 
200169, 2186375; 200211, 2186634; return to starting point.
    (ii) Note: Map 43 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.043
    
(44) Hawaii 10--Hibiscadelphus hualalaiensis--a (3,979 ha, 9,831 ac)
    (i) Unit consists of the following 38 boundary points: Start at 
195782, 2185368; 195522, 2186168; 195315, 2186796; 195326, 2187196; 
195544, 2187388; 195469, 2188155; 195786, 2188492; 195432, 2189916; 
199124, 2191069; 199983, 2191543; 199508, 2192106; 200761, 2193288; 
201812, 2192545; 201404, 2191895; 203343, 2189879; 203681, 2189439; 
203918, 2188866; 203785, 2188371; 203480, 2187932; 202574, 2187761; 
202584, 2187526; 202456, 2187271; 201998, 2186930; 201572, 2187207; 
200965, 2187345; 200731, 2186962; 200177, 2186557; 200011, 2185340; 
199774, 2185089; 198932, 2185139; 198670, 2185243; 198391, 2185428; 
198036, 2185330; 197566, 2185385; 197604,

[[Page 39736]]

2186079; 197221, 2186183; 197270, 2185549; 196319, 2185538; return to 
starting point.
    (ii) Excluding one area bounded by the following 12 points (15 ha, 
38 ac): Start at 202034, 2189562; 202141, 2189566; 202153, 2189649; 
202308, 2189645; 202298, 2189564; 202339, 2189548; 202329, 2189219; 
202193, 2189187; 202230, 2189088; 202042, 2189024; 202020, 2189151; 
202024, 2189554; return to starting point.
    (iii) Note: Map 44 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.044
    
(45) Hawaii 10--Hibiscus brackenridgei--a (196 ha, 485 ac)
    (i) Unit consists of the following six boundary points: Start at 
202687, 2192346; 203014, 2192842; 203739, 2192737; 204306, 2191983; 
203553, 2190355; 203111, 2191829; return to starting point.
    (ii) Note: Map 45 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.045
    
(46) Hawaii 10--Neraudia ovata--a (1,859 ha, 4,593 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
194344, 2189314; 194343, 2189318; 194355, 2189326; 195020, 2189752; 
195454, 2189938; 196227, 2190232; 199076, 2191106; 201428, 2191880; 
202171, 2192469; 202165, 2191079; 202163, 2189814; 199428, 2188470; 
195418, 2187770; 194855, 2187783; 194588, 2188581; return to starting 
point.
    (ii) Note: Map 46 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.046
    
(47) Hawaii 10--Nothocestrum breviflorum--c (3,627 ha, 8,964 ac)
    (i) Unit consists of the following 29 boundary points: Start at 
194693, 2188269; 194383, 2189286; 195034, 2189776; 195460, 2189937; 
196240, 2190194; 199103, 2191128; 199891, 2191533; 198991, 2192862; 
199103, 2193492; 199824, 2193830; 199804, 2193770; 200696, 2193256; 
201895, 2192456; 201355, 2191804; 201174, 2186424; 201586, 2185393; 
199915, 2185040; 199838, 2185152; 198796, 2185246; 198417, 2185384; 
197754, 2185341; 197538, 2185442; 197616, 2186073; 197228, 2186185; 
197289, 2185505; 196333, 2185522; 196200, 2186785; 195323, 2187943; 
194697, 2188256; return to starting point.
    (ii) Note: Map 47 follows:

[[Page 39737]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.047

(48) Hawaii 10--Pleomele hawaiiensis--b (1,338 ha, 3,306 ac)
    (i) Unit consists of the following 19 boundary points: Start at 
199227, 2191119; 199931, 2191535; 199427, 2192287; 198994, 2192926; 
199211, 2193518; 199835, 2193778; 201804, 2192540; 202800, 2192542; 
203018, 2192863; 203684, 2192822; 203919, 2192569; 203588, 2192149; 
202916, 2191296; 201823, 2189505; 200231, 2188809; 200012, 2188896; 
199513, 2189670; 199023, 2190652; 199126, 2191046; return to starting 
point.
    (ii) Note: Map 48 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.048
    
(49) Hawaii 10--Solanum incompletum--a (705 ha, 1,741 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
200840, 2183071; 200105, 2183211; 198217, 2183674; 196354, 2183822; 
195904, 2185079; 198074, 2185218; 198313, 2185355; 198524, 2185294; 
198681, 2185062; 199717, 2185030; 199911, 2185024; 200028, 2184733; 
200540, 2184657; 200956, 2183332; return to starting point.
    (ii) Note: Map 49 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.049
    
(50) Hawaii 10--Zanthoxylum dipetalum ssp. tomentosum--a (1,685 ha, 
4,164 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
204490, 2186961; 204259, 2186791; 203663, 2186586; 203502, 2186552; 
202908, 2186594; 202064, 2186341; 200938, 2186115; 200094, 2185862; 
199277, 2185806; 198968, 2185581; 197898, 2185721; 197620, 2185755; 
197630, 2186116; 197213, 2186192; 197260, 2185765; 197082, 2185778; 
196970, 2185975; 196660, 2185975; 196294, 2185806; 196217, 2186760; 
197251, 2187269; 197645, 2187579; 198321, 2187579; 199334, 2187860; 
199503, 2187860; 200544, 2188451; 203129, 2189150; 203527, 2189491; 
203802, 2189055; 203972, 2188619; return to starting point.
    (ii) Note: Map 50 follows:

[[Page 39738]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.050

(51) Hawaii 11--Cyanea hamatiflora ssp. carlsonii--a (92 ha, 227 ac)
    (i) Unit consists of the following 11 boundary points: Start at 
197174, 2177104; 196674, 2177566; 196458, 2177613; 196239, 2177751; 
196187, 2178067; 195553, 2178701; 196028, 2179334; 196530, 2178147; 
196637, 2177811; 197221, 2177377; 197278, 2177142; return to starting 
point.
    (ii) Note: Map 51 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.051
    
(52) Hawaii 11--Solanum incompletum--b (57 ha, 141 ac)
    (i) Unit consists of the following seven boundary points: Start at 
195939, 2179184; 196289, 2178679; 196513, 2178138; 196403, 2177670; 
196252, 2177759; 196204, 2178081; 195581, 2178700; return to starting 
point.
    (ii) Note: Map 52 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.052
    
(53) [Reserved]
(54) [Reserved]
(55) [Reserved]
(56) [Reserved]
(57) Hawaii 14--Cyanea hamatiflora ssp. carlsonii--b (597 ha, 1,475 ac)
    (i) Unit consists of the following 10 boundary points: Start at 
207156, 2146304; 207134, 2146239; 206598, 2144681; 206598, 2143570; 
204429, 2143915; 204728, 2144393; 204674, 2145490; 204674, 2145491; 
204426, 2146629; 204425, 2146649; return to starting point.
    (ii) Note: Map 57 follows:

[[Page 39739]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.053

(58) Hawaii 15--Cyanea hamatiflora ssp. carlsonii--c (1,045 ha, 2,583 
ac)
    (i) Unit consists of the following eight boundary points: Start at 
205937, 2136720; 204747, 2133469; 204039, 2133547; 203420, 2133302; 
203440, 2135670; 203670, 2137181; 203517, 2138526; 206149, 2138468; 
return to starting point.
    (ii) Note: Map 58 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.054
    
(59) Hawaii 15--Cyanea stictophylla--a (685 ha, 1,693 ac)
    (i) Unit consists of the following five boundary points: Start at 
202738, 2135888; 202669, 2138135; 206446, 2137807; 205568, 2136027; 
203447, 2135810; return to starting point.
    (ii) Note: Map 59 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.055
    
(60) Hawaii 16--Cyanea hamatiflora ssp. carlsonii--d (186 ha, 459 ac)
    (i) Unit consists of the following four boundary points: Start at 
203994, 2129916; 203715, 2131071; 205603, 2131073; 206118, 2130489; 
return to starting point.
    (ii) Note: Map 60 follows:

[[Page 39740]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.056

(61) Hawaii 16--Cyanea stictophylla--b (327 ha, 809 ac)
    (i) Unit consists of the following five boundary points: Start at 
206085, 2130525; 204548, 2130013; 202838, 2129682; 202649, 2131030; 
205588, 2131077; return to starting point.
    (ii) Note: Map 61 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.057
    
(62) Hawaii 17--Diellia erecta--a (329 ha, 814 ac)
    (i) Unit consists of the following nine boundary points: Start at 
199021, 2121439; 198916, 2122019; 199049, 2122319; 199008, 2122707; 
199063, 2122847; 199186, 2123092; 199520, 2123204; 201031, 2123446; 
201505, 2122323; return to starting point.
    (ii) Note: Map 62 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.058
    
(63) Hawaii 17--Flueggea neowawraea--a (327 ha, 807 ac)
    (i) Unit consists of the following eight boundary points: Start at 
199031, 2121453; 198919, 2122094; 199007, 2122357; 198981, 2122641; 
199188, 2123085; 199474, 2123194; 201018, 2123445; 201491, 2122325; 
return to starting point.
    (ii) Note: Map 63 follows:

[[Page 39741]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.059

(64) Hawaii 18--Colubrina oppositifolia--b (2,717 ha, 6,713 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
198394, 2113625; 198223, 2113930; 197796, 2114535; 197583, 2115280; 
203752, 2119808; 203928, 2119514; 204315, 2119167; 205315, 2118433; 
206212, 2117332; 206446, 2117067; 204284, 2114251; 203373, 2114863; 
202434, 2114094; 201438, 2115531; 198636, 2113397; return to starting 
point.
    (ii) Note: Map 64 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.060
    
(65) Hawaii 18--Diellia erecta--b (1,615 ha, 3,992 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
202997, 2119281; 203310, 2119053; 204449, 2119707; 205626, 2118736; 
205346, 2118306; 205626, 2117783; 205999, 2117970; 206709, 2117375; 
204354, 2114272; 202588, 2115599; 202097, 2116400; 201568, 2117511; 
201401, 2118078; return to starting point.
    (ii) Note: Map 65 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.061
    
(66) Hawaii 18--Flueggea neowawraea--b (1,148 ha, 2,838 ac)
    (i) Unit consists of the following six boundary points: Start at 
203129, 2119316; 204604, 2116730; 205505, 2115780; 204286, 2114193; 
202146, 2115653; 200912, 2117708; return to starting point.
    (ii) Note: Map 66 follows:

[[Page 39742]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.062

(67) Hawaii 18--Gouania vitifolia--a (1,785 ha, 4,412 ac)
    (i) Unit consists of the following five boundary points: Start at 
204444, 2120239; 206850, 2117574; 204309, 2114257; 202399, 2115771; 
201311, 2117954; return to starting point.
    (ii) Note: Map 67 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.063
    
(68) Hawaii 18--Neraudia ovata--d (1,134 ha, 2,801 ac)
    (i) Unit consists of the following 10 boundary points: Start at 
201174, 2117843; 202959, 2119186; 204559, 2117309; 205954, 2116477; 
204277, 2114280; 203399, 2114850; 202976, 2115309; 202698, 2115528; 
202028, 2116090; 201532, 2117457; return to starting point.
    (ii) Note: Map 68 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.064
    
(69) Hawaii 18--Pleomele hawaiiensis--c (1,997 ha, 4,934 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
202966, 2119257; 204672, 2117280; 206034, 2116476; 204325, 2114252; 
203522, 2114753; 203049, 2115266; 202477, 2115720; 201375, 2115486; 
199227, 2113813; 199190, 2114100; 198653, 2114587; 198378, 2115149; 
198141, 2115661; 201104, 2117894; return to starting point.
    (ii) Note: Map 69 follows:

[[Page 39743]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.065

(70) Hawaii 19--Mariscus fauriei--a (127 ha, 313 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
220519, 2105287; 220658, 2105408; 220821, 2105428; 221200, 2105198; 
221467, 2104758; 221444, 2104588; 221445, 2104587; 221710, 2104303; 
221694, 2104107; 221493, 2103896; 221254, 2103732; 221032, 2103615; 
220535, 2104849; 220496, 2105093; return to starting point.
    (ii) Note: Map 70 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.066
    
(71) Hawaii 20--Sesbania tomentosa--a (486 ha, 1,201 ac)
    (i) Unit consists of the following nine boundary points: Coast; 
249798, 2124556; 248451, 2124193; 247078, 2126859; 247458, 2126835; 
247811, 2127062; 248104, 2127469; 249187, 2126745; 249330, 2126069; 
249701, 2125632.
    (ii) Note: Map 71 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.067
    
(72) Hawaii 21--Ischaemum byrone--a (206 ha, 510 ac)
    (i) Unit consists of the following 16 boundary points: Start at 
265058, 2131828; 265367, 2132139; 265624, 2132015; 265956, 2131806; 
266250, 2131617; 266582, 2131721; 267180, 2131645; 267711, 2131370; 
267789, 2131408; 267891, 2131332; 268138, 2131256; 268432, 2131114; 
268755, 2131009; 269049, 2130962; 269248, 2130905; 269266, 2130849; 
return to starting point.
    (ii) Note: Map 72 follows:

[[Page 39744]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.068

(73) Hawaii 22--Ischaemum byrone--b (159 ha, 393 ac)
    (i) Unit consists of the following 11 boundary points: Coast; 
284893, 2137276; 279221, 2134615; 279221, 2134615; 279175, 2134728; 
280175, 2135157; 281315, 2136008; 282395, 2136841; 284061, 2137614; 
284803, 2137355; 284850, 2137360; 284874, 2137349.
    (ii) Note: Map 73 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.069
    
(74) Hawaii 23--Pleomele hawaiiensis--d (8,943 ha, 22,097 ac)
    (i) Unit consists of the following 33 boundary points: Start at 
274892, 2136370; 270874, 2135790; 269174, 2134697; 267700, 2135019; 
265425, 2135256; 264383, 2134214; 263150, 2133692; 260638, 2133740; 
259217, 2134451; 257700, 2134309; 255757, 2132839; 253387, 2131465; 
252487, 2129948; 251241, 2130960; 250795, 2131956; 251310, 2134361; 
252547, 2134120; 253852, 2133261; 254607, 2135700; 255437, 2136482; 
256222, 2136490; 256394, 2137383; 258592, 2138001; 261132, 2138090; 
262576, 2137383; 263163, 2138161; 264146, 2138195; 268506, 2139617; 
269645, 2139914; 270342, 2140091; 270763, 2139124; 272917, 2139676; 
275306, 2138240; return to starting point.
    (ii) Note: Map 74 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.070
    
(75) Hawaii 23--Sesbania tomentosa--b (803 ha, 1,984 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
260007, 2138277; 260064, 2138614; 260288, 2138861; 260620, 2139007; 
260945, 2138979; 261187, 2138985; 261288, 2138856; 261541, 2138867; 
261945, 2138822; 262013, 2138945; 262440, 2138951; 262861, 2138592; 
263063, 2138125; 262940, 2137446; 262614, 2136665; 262294, 2136266; 
262007, 2135817; 261704, 2135564; 260951, 2135401; 260255, 2135424; 
260176, 2135727; 260316, 2136075; 260361, 2136524; 260608, 2137002; 
260580, 2137440; 260153, 2137906; 260058, 2138064; return to starting 
point.
    (ii) Note: Map 75 follows:

[[Page 39745]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.071

(76) Hawaii 24--Argyroxiphium kauense--b (7,795 ha, 19,261 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
241932, 2146263; 241417, 2145847; 239409, 2145112; 237401, 2142639; 
235247, 2140949; 234781, 2139725; 232871, 2137399; 232161, 2136003; 
230227, 2133432; 229223, 2132403; 227778, 2131032; 226357, 2130052; 
225133, 2129685; 223541, 2127995; 223150, 2128461; 223394, 2129220; 
224594, 2130542; 226039, 2132819; 227998, 2136174; 231377, 2140386; 
234659, 2143741; 236177, 2145945; 238210, 2148467; 239997, 2149789; 
241711, 2149544; 242495, 2148491; 242372, 2147341; return to starting 
point.
    (ii) Note: Map 76 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.072
    
(77) Hawaii 24--Asplenium fragile var. insulare--a (907 ha, 2,241 ac)
    (i) Unit consists of the following six boundary points: Start at 
239781, 2146615; 241003, 2145626; 238959, 2142183; 237893, 2141565; 
237452, 2143181; 238209, 2145335; return to starting point.
    (ii) Note: Map 77 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.073
    
(78) Hawaii 24--Cyanea stictophylla--c (584 ha, 1,443 ac)
    (i) Unit consists of the following nine boundary points: Start at 
240250, 2141066; 241783, 2139920; 240835, 2137607; 238868, 2139097; 
238947, 2139692; 239116, 2140248; 239332, 2140329; 239455, 2140496; 
239602, 2140570; return to starting point.
    (ii) Note: Map 78 follows:

[[Page 39746]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.074

(79) Hawaii 24--Melicope zahlbruckneri--a (434 ha, 1,072 ac)
    (i) Unit consists of the following four boundary points: Start at 
238867, 2139105; 240894, 2140601; 241788, 2139910; 240819, 2137611; 
return to starting point.
    (ii) Note: Map 79 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.075
    
(80) Hawaii 24--Phyllostegia velutina--a (2,466 ha, 6,093 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
238962, 2141970; 242007, 2139925; 242207, 2139714; 242118, 2139436; 
241893, 2139030; 241440, 2137533; 241162, 2137224; 240062, 2137024; 
239123, 2134346; 237550, 2135268; 238350, 2137847; 235994, 2138947; 
236552, 2140823; 237172, 2141003; 237594, 2141281; 237850, 2141570; 
237828, 2142070; 238005, 2142204; return to starting point.
    (ii) Note: Map 80 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.076
    
(81) Hawaii 24--Plantago hawaiensis--a (1,348 ha, 3,330 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
239891, 2150141; 240843, 2150153; 241675, 2149824; 242668, 2149348; 
241709, 2148593; 240533, 2148496; 240027, 2147666; 238765, 2146944; 
238485, 2145606; 237676, 2145240; 237021, 2144491; 235459, 2145119; 
237410, 2147869; 238480, 2148664; return to starting point.
    (ii) Note: Map 81 follows:

[[Page 39747]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.077

(82) Hawaii 25--Argyroxiphium kauense--c (2,006 ha, 4,957 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
250289, 2157327; 251003, 2156578; 251595, 2155516; 250654, 2154088; 
249731, 2153374; 248704, 2153565; 247907, 2154271; 246893, 2155307; 
245987, 2156978; 246353, 2158267; 247468, 2159347; 248478, 2158877; 
249279, 2158302; return to starting point.
    (ii) Note: Map 82 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.078
    
(83) Hawaii 25--Plantago hawaiensis--b (1,522 ha, 3,762 ac)
    (i) Unit consists of the following 35 boundary points: Start at 
250884, 2156394; 250042, 2154844; 249371, 2154454; 247769, 2154222; 
246915, 2154794; 245791, 2156465; 245586, 2156984; 245636, 2157360; 
245710, 2157517; 245929, 2157517; 246442, 2157846; 247040, 2157529; 
247235, 2157212; 247369, 2156711; 247784, 2156175; 248224, 2155589; 
248639, 2155406; 248980, 2155320; 249005, 2155564; 249285, 2156187; 
248773, 2156528; 248358, 2157090; 247967, 2157383; 248175, 2157737; 
247528, 2157895; 246991, 2158164; 246649, 2158418; 246674, 2158444; 
246320, 2159164; 246527, 2159640; 246918, 2159860; 247369, 2159775; 
247723, 2159701; 248761, 2158530; 249786, 2157944; return to starting 
point.
    (ii) Note: Map 83 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.079
    
(84) Hawaii 25--Silene hawaiiensis--a (854 ha, 2,110 ac)
    (i) Unit consists of the following 20 boundary points: Start at 
249605, 2154443; 249282, 2155670; 249489, 2156083; 248205, 2157211; 
248257, 2157694; 248587, 2158073; 249179, 2158214; 249790, 2157993; 
250127, 2157482; 250559, 2157202; 251403, 2156390; 252371, 2155266; 
251701, 2154870; 251902, 2154637; 252099, 2154017; 252071, 2153773; 
251517, 2154149; 251301, 2154449; 250993, 2154406; 250728, 2154562; 
return to starting point.
    (ii) Note: Map 84 follows:

[[Page 39748]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.080

(85) Hawaii 26--Hibiscadelphus giffardianus--a (149 ha, 367 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
256349, 2151035; 256516, 2151138; 256717, 2151196; 257064, 2151279; 
257624, 2151506; 257795, 2151400; 258009, 2151416; 258048, 2151718; 
258777, 2152045; 258966, 2151770; 259051, 2151582; 258433, 2150898; 
258430, 2150898; 257945, 2150909; 257790, 2150915; 257034, 2150898; 
256769, 2150857; 256333, 2150857; return to starting point.
    (ii) Note: Map 85 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.081
    
(86) Hawaii 26--Melicope zahlbruckneri--b (495 ha, 1,224 ac)
    (i) Unit consists of the following seven boundary points: Start at 
259520, 2152124; 258420, 2150913; 257324, 2150755; 256781, 2150023; 
255379, 2150583; 257220, 2152206; 259198, 2152680; return to starting 
point.
    (ii) Note: Map 86 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.082
    
(87) Hawaii 27--Portulaca sclerocarpa--a (4,390 ha, 10,848 ac)
    (i) Unit consists of the following nine boundary points: Start at 
263596, 2140748; 262234, 2140517; 258055, 2142041; 254269, 2144742; 
255668, 2145679; 257593, 2146289; 260387, 2146659; 262395, 2147120; 
265212, 2144650; return to starting point.
    (ii) Note: Map 87 follows:

[[Page 39749]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.083

(88) Hawaii 27--Silene hawaiiensis--b (1,942 ha, 4,798 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
261207, 2150002; 262152, 2149529; 262966, 2148732; 262640, 2147357; 
261953, 2146398; 261102, 2146308; 260976, 2145910; 260541, 2145204; 
261048, 2144534; 260596, 2144100; 260125, 2144299; 259890, 2144552; 
259220, 2144335; 258515, 2144335; 257845, 2144263; 256922, 2144462; 
256560, 2145059; 256506, 2145801; 256886, 2145710; 257239, 2146201; 
257501, 2146344; 258279, 2147086; 258496, 2147337; 258877, 2147212; 
258949, 2147864; 259637, 2148117; 260035, 2148895; 260704, 2149800; 
return to starting point.
    (ii) Note: Map 88 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.084
    
(89) Hawaii 28--Adenophorus periens--a (2,733 ha, 6,754 ac)
    (i) Unit consists of the following 11 boundary points: Start at 
279712, 2148510; 276648, 2146439; 271250, 2147346; 271140, 2147797; 
271319, 2148257; 271361, 2149267; 271770, 2149568; 276751, 2150845; 
277839, 2151215; 279362, 2150061; 279952, 2149315; return to starting 
point.
    (ii) Note: Map 89 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.085
    
(90) Hawaii 29--Clermontia peleana--c (6,845 ha, 16,914 ac)
    (i) Unit consists of the following 29 boundary points: Start at 
256704, 2173629; 258341, 2177012; 260142, 2179904; 261881, 2182923; 
262993, 2182963; 264053, 2182050; 265872, 2181759; 266999, 2181195; 
267018, 2180286; 266781, 2179777; 266454, 2179686; 265993, 2179903; 
265443, 2179855; 264701, 2179425; 264030, 2179281; 263288, 2179209; 
262953, 2178826; 262905, 2178084; 262761, 2177461; 262498, 2176480; 
261708, 2175450; 262666, 2174828; 264380, 2174192; 265235, 2173756; 
265744, 2172137; 265944, 2171082; 261670, 2170827; 257377, 2170773; 
257013, 2171646; return to starting point.
    (ii) Note: Map 90 follows:

[[Page 39750]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.086

(91) Hawaii 29--Cyanea platyphylla--b (1,524 ha, 3,767 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
270137, 2179182; 270117, 2178705; 269049, 2178426; 266707, 2178218; 
265505, 2178550; 264852, 2179669; 264237, 2180565; 263774, 2181296; 
263878, 2181980; 264821, 2183016; 265256, 2183296; 265629, 2183151; 
267567, 2181379; 266904, 2179742; 269567, 2179503; return to starting 
point.
    (ii) Note: Map 91 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.087
    
(92) Hawaii 29--Cyrtandra giffardii--b (938 ha, 2,319 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
262416, 2181378; 262234, 2181545; 262682, 2181990; 263440, 2181695; 
263960, 2182446; 264133, 2182822; 263843, 2183142; 264177, 2183241; 
264755, 2182952; 264784, 2183472; 265594, 2183524; 267656, 2181395; 
267302, 2180559; 267067, 2180712; 266763, 2180438; 266546, 2180496; 
266214, 2180553; 265752, 2180423; 265275, 2180683; 264856, 2180640; 
264596, 2180553; 264191, 2180611; 264018, 2180727; 263642, 2180727; 
263367, 2181102; 263122, 2181334; 262891, 2181536; 262486, 2181377; 
return to starting point.
    (ii) Note: Map 92 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.088
    
(93) Hawaii 29--Cyrtandra tintinnabula--b (378 ha, 934 ac)
    (i) Unit consists of the following eight boundary points: Start at 
267234, 2180396; 266451, 2180468; 263662, 2181160; 263032, 2181914; 
263831, 2182224; 264610, 2181934; 265290, 2181716; 267462, 2181056; 
return to starting point.
    (ii) Note: Map 93 follows:

[[Page 39751]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.089

(94) Hawaii 30--Argyroxiphium kauense--d (4,281 ha, 10,578 ac)
    (i) Unit consists of the following 35 boundary points: Start at 
251376, 2166456; 250829, 2167375; 250254, 2169847; 250992, 2170628; 
251020, 2172877; 251769, 2174236; 252605, 2174758; 254398, 2174497; 
255008, 2173313; 255513, 2172668; 255879, 2171502; 255879, 2170492; 
255339, 2169604; 255451, 2168509; 256441, 2167275; 256753, 2166610; 
256810, 2165770; 256453, 2164780; 255495, 2163352; 255306, 2163361; 
254541, 2164098; 254498, 2164137; 254481, 2164182; 254455, 2164255; 
254449, 2164271; 254374, 2164589; 254004, 2165599; 253287, 2167525; 
253238, 2167661; 253194, 2167785; 253194, 2167786; 253193, 2167786; 
253192, 2167786; 253191, 2167786; 253146, 2167752; return to starting 
point.
    (ii) Note: Map 94 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.090
    
(95) Hawaii 30--Clermontia lindseyana--c (1,634 ha, 4,037 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
254584, 2164181; 253305, 2167650; 254302, 2168554; 256320, 2167251; 
256487, 2165898; 257687, 2164037; 257302, 2163331; 258133, 2162854; 
258725, 2162386; 258756, 2162085; 257655, 2161172; 256263, 2162480; 
255102, 2163686; return to starting point.
    (ii) Note: Map 95 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.091
    
(96) Hawaii 30--Cyanea shipmanii--b (62 ha, 152 ac)
    (i) Unit consists of the following 17 boundary points: Start at 
250385, 2172716; 250588, 2172812; 250726, 2172919; 250993, 2173015; 
251162, 2173040; 251356, 2172692; 251292, 2172620; 251217, 2172460; 
251121, 2172321; 251014, 2172236; 250918, 2172140; 250790, 2172086; 
250673, 2172161; 250545, 2172300; 250385, 2172332; 250300, 2172449; 
250310, 2172535; return to starting point.
    (ii) Note: Map 96 follows:

[[Page 39752]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.092

(97) Hawaii 30--Cyanea shipmanii--c (825 ha, 2,038 ac)
    (i) Unit consists of the following 17 boundary points: Start at 
254374, 2164589; 254004, 2165599; 253236, 2167756; 253128, 2168010; 
254193, 2168432; 254246, 2168296; 254470, 2167400; 254649, 2167176; 
255481, 2167289; 256666, 2167013; 256799, 2166728; 257113, 2166101; 
257113, 2164936; 256396, 2164757; 255321, 2165116; 254559, 2165295; 
254649, 2164623; return to starting point.
    (ii) Note: Map 97 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.093
    
(98) Hawaii 30--Cyanea stictophylla--d (623 ha, 1,539 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
254498, 2164341; 254727, 2164444; 255743, 2164078; 255868, 2163816; 
256222, 2164021; 256656, 2163576; 257560, 2163785; 257352, 2163331; 
258066, 2162902; 257844, 2161395; 257900, 2161317; 259249, 2160573; 
260356, 2159979; 259695, 2159517; 259319, 2159380; 258898, 2159773; 
258849, 2159861; 258810, 2159929; 258784, 2159981; 258755, 2160036; 
258715, 2160077; 258688, 2160104; 258437, 2160584; 258243, 2160676; 
258167, 2160673; 256128, 2162630; 254574, 2164116; return to starting 
point.
    (ii) Note: Map 98 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.094
    
(99) Hawaii 30--Cyrtandra giffardii--c (3,872 ha, 9,567 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
266492, 2165136; 267184, 2165097; 267638, 2165195; 269069, 2162612; 
268669, 2161281; 267615, 2161161; 266924, 2160825; 266490, 2159798; 
265048, 2159265; 264495, 2159127; 264001, 2158357; 263902, 2157567; 
264357, 2155927; 263981, 2154960; 263634, 2154426; 262793, 2155728; 
262477, 2156217; 261337, 2155564; 260360, 2157263; 260584, 2159423; 
260367, 2160114; 260734, 2160659; 263088, 2160361; 264090, 2162500; 
264176, 2162638; 264221, 2162790; 264951, 2164464; 265860, 2164445; 
return to starting point.
    (ii) Note: Map 99 follows:

[[Page 39753]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.095

(100) Hawaii 30--Phyllostegia racemosa--c (267 ha, 659 ac)
    (i) Unit consists of the following 10 boundary points: Start at 
255001, 2163655; 256020, 2163968; 257634, 2163912; 257384, 2163319; 
257871, 2163010; 257756, 2162804; 256542, 2162680; 256379, 2162447; 
256238, 2162463; 256081, 2162615; return to starting point.
    (ii) Note: Map 100 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.096
    
(101) Hawaii 30--Phyllostegia velutina--b (1,180 ha, 2,916 ac)
    (i) Unit consists of the following 25 boundary points: Start at 
255001, 2163655; 256020, 2163968; 257556, 2163812; 257342, 2163356; 
258145, 2162834; 258761, 2162325; 259766, 2162727; 259792, 2162339; 
260155, 2161636; 260142, 2160687; 260553, 2160880; 260676, 2160624; 
260669, 2159628; 260010, 2158695; 259835, 2158111; 258895, 2159775; 
258845, 2159864; 258808, 2159929; 258780, 2159981; 258748, 2160040; 
258707, 2160080; 258644, 2160142; 258562, 2160221; 258544, 2160239; 
256081, 2162615; return to starting point.
    (ii) Note: Map 101 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.097
    
(102) Hawaii 30--Plantago hawaiensis--c (1,219 ha, 3,012 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
254476, 2168522; 254473, 2168510; 254874, 2167383; 256572, 2166997; 
257174, 2165685; 257971, 2164620; 258044, 2164337; 257576, 2163925; 
256125, 2164018; 255434, 2163788; 255099, 2163685; 254488, 2164250; 
253207, 2168032; return to starting point.
    (ii) Note: Map 102 follows:

[[Page 39754]]

[GRAPHIC] [TIFF OMITTED] TR02JY03.098

(103) Hawaii 30--Sicyos alba--a (6,266 ha, 15,483 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
266388, 2165221; 267132, 2165147; 267709, 2165277; 267412, 2162783; 
268417, 2161049; 269013, 2157105; 267821, 2155262; 264606, 2153076; 
262507, 2156298; 261492, 2155783; 259208, 2160114; 260710, 2160549; 
263148, 2160288; 264210, 2162671; 264954, 2164570; 265289, 2164477; 
265811, 2164588; 266183, 2164886; return to starting point.
    (ii) Note: Map 103 follows:
    [GRAPHIC] [TIFF OMITTED] TR02JY03.099
    

 (104) Table of Protected Species Within Each Critical Habitat Unit for
                          the Island of Hawaii
------------------------------------------------------------------------
          Unit name             Species occupied     Species unoccupied
------------------------------------------------------------------------
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--a.
Hawaii 9--Achyranthes         Achyranthes mutica..
 mutica--b.

[[Page 39755]]

 
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--c.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--d.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--e.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--f.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--g.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--h.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--i.
Hawaii 9--Achyranthes         ....................  Achyranthes mutica.
 mutica--j.
Hawaii 28--Adenophorus        Adenophorus periens.
 periens--a.
Hawaii 10--Argyroxiphium      ....................  Argyroxiphium
 kauense--a.                                         kauense.
Hawaii 24--Argyroxiphium      Argyroxiphium
 kauense--b.                   kauense.
Hawaii 25--Argyroxiphium      Argyroxiphium
 kauense--c.                   kauense.
Hawaii 30--Argyroxiphium      Argyroxiphium
 kauense--d.                   kauense.
Hawaii 24--Asplenium fragile  Asplenium fragile
 var. insulare--a.             var. insulare.
Hawaii 10--Bonamia            ....................  Bonamia menziesii.
 menziesii--a.
Hawaii 8--Clermontia          Clermontia
 drepanomorpha--a.             drepanomorpha.
Hawaii 1--Clermontia          Clermontia
 lindseyana--a.                lindseyana.
Hawaii 2--Clermontia          Clermontia
 lindseyana--b.                lindseyana.
Hawaii 30--Clermontia         Clermontia
 lindseyana--c.                lindseyana.
Hawaii 1--Clermontia          Clermontia peleana..
 peleana--a.
Hawaii 3--Clermontia          Clermontia peleana..
 peleana--b.
Hawaii 29--Clermontia         Clermontia peleana..
 peleana--c.
Hawaii 1--Clermontia          ....................  Clermontia
 pyrularia--a.                                       pyrularia.
Hawaii 2--Clermontia          Clermontia pyrularia
 pyrularia--b.
Hawaii 10--Colubrina          Colubrina
 oppositifolia--a.             oppositifolia.
Hawaii 18--Colubrina          Colubrina
 oppositifolia--b.             oppositifolia.
Hawaii 11--Cyanea             Cyanea hamatiflora
 hamatiflora ssp. carlsonii--  ssp. carlsonii.
 a.
Hawaii 14--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii--                        ssp. carlsonii.
 b.
Hawaii 15--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii--                        ssp. carlsonii.
 c.
Hawaii 16--Cyanea             Cyanea hamatiflora
 hamatiflora ssp. carlsonii--  ssp. carlsonii.
 d.
Hawaii 3--Cyanea              Cyanea platyphylla..
 platyphylla--a.
Hawaii 29--Cyanea             Cyanea platyphylla..
 platyphylla--b.
Hawaii 1--Cyanea shipmanii--  Cyanea shipmanii....
 a.
Hawaii 30--Cyanea shipmanii-- Cyanea shipmanii....
 b.
Hawaii 30--Cyanea shipmanii-- ....................  Cyanea shipmanii.
 c.
Hawaii 15--Cyanea             Cyanea stictophylla.
 stictophylla--a.
Hawaii 16--Cyanea             Cyanea stictophylla.
 stictophylla--b.
Hawaii 24--Cyanea             ....................  Cyanea stictophylla.
 stictophylla--c.
Hawaii 30--Cyanea             ....................  Cyanea stictophylla.
 stictophylla--d.
Hawaii 3--Cyrtandra           Cyrtandra giffardii.
 giffardii--a.
Hawaii 29--Cyrtandra          ....................  Cyrtandra giffardii.
 giffardii--b.
Hawaii 30--Cyrtandra          Cyrtandra giffardii.
 giffardii--c.
Hawaii 3--Cyrtandra           Cyrtandra
 tintinnabula--a.              tintinnabula.
Hawaii 29--Cyrtandra          ....................  Cyrtandra
 tintinnabula--b.                                    tintinnabula.
Hawaii 10--Delissea           ....................  Delissea undulata.
 undulata--a.
Hawaii 10--Delissea           Delissea undulata...
 undulata--b.
Hawaii 17--Diellia erecta--a  Diellia erecta......
Hawaii 18--Diellia erecta--b  Diellia erecta......
Hawaii 17--Flueggea           Flueggea neowawraea.
 neowawraea--a.
Hawaii 18--Flueggea           Flueggea neowawraea.
 neowawraea--b.
Hawaii 18--Gouania            Gouania vitifolia...
 vitifolia--a.
Hawaii 26--Hibiscadelphus     Hibiscadelphus
 giffardianus--a.              giffardianus.
Hawaii 10--Hibiscadelphus     Hibiscadelphus
 hualalaiensis--a.             hualalaiensis.
Hawaii 10--Hibiscus           Hibiscus
 brackenridgei--a.             brackenridgei.
Hawaii 21--Ischaemum byrone-- ....................  Ischaemum byrone.
 a.
Hawaii 22--Ischaemum byrone-- Ischaemum byrone....
 b.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae--a.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae--b.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae--c.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae--d.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae--e.
Hawaii 4--Isodendrion         Isodendrion hosakae.
 hosakae--f.
Hawaii 19--Mariscus fauriei-- Mariscus fauriei....
 a.
Hawaii 24--Melicope           ....................  Melicope
 zahlbruckneri--a.                                   zahlbruckneri.
Hawaii 26--Melicope           Melicope
 zahlbruckneri--b.             zahlbruckneri.
Hawaii 10--Neraudia ovata--a  ....................  Neraudia ovata.
Hawaii 18--Neraudia ovata--d  Neraudia ovata......
Hawaii 5--Nothocestrum        ....................  Nothocestrum
 breviflorum--a.                                     breviflorum.

[[Page 39756]]

 
Hawaii 6--Nothocestrum        Nothocestrum
 breviflorum--b.               breviflorum.
Hawaii 10--Nothocestrum       Nothocestrum
 breviflorum--c.               breviflorum.
Hawaii 1--Phyllostegia        Phyllostegia
 racemosa--a.                  racemosa.
Hawaii 2--Phyllostegia        Phyllostegia
 racemosa--b.                  racemosa.
Hawaii 30--Phyllostegia       ....................  Phyllostegia
 racemosa--c.                                        racemosa.
Hawaii 24--Phyllostegia       Phyllostegia
 velutina--a.                  velutina.
Hawaii 30--Phyllostegia       Phyllostegia
 velutina--b.                  velutina.
Hawaii 3--Phyllostegia        Phyllostegia
 warshaueri--a.                warshaueri.
Hawaii 8--Phyllostegia        Phyllostegia
 warshaueri--b.                warshaueri.
Hawaii 24--Plantago           Plantago hawaiensis.
 hawaiensis--a.
Hawaii 25--Plantago           Plantago hawaiensis.
 hawaiensis--b.
Hawaii 30--Plantago           Plantago hawaiensis.
 hawaiensis--c.
Hawaii 7--Pleomele            Pleomele hawaiiensis
 hawaiiensis--a.
Hawaii 10--Pleomele           Pleomele hawaiiensis
 hawaiiensis--b.
Hawaii 18--Pleomele           Pleomele hawaiiensis
 hawaiiensis--c.
Hawaii 23--Pleomele           Pleomele hawaiiensis
 hawaiiensis--d.
Hawaii 27--Portulaca          Portulaca
 sclerocarpa--a.               sclerocarpa.
Hawaii 20--Sesbania           Sesbania tomentosa..
 tomentosa--a.
Hawaii 23--Sesbania           Sesbania tomentosa..
 tomentosa--b.
Hawaii 30--Sicyos alba--a...  Sicyos alba.........
Hawaii 25--Silene             Silene hawaiiensis..
 hawaiiensis--a.
Hawaii 27--Silene             Silene hawaiiensis..
 hawaiiensis--b.
Hawaii 10--Solanum            ....................  Solanum incompletum.
 incompletum--a.
Hawaii 11--Solanum            ....................  Solanum incompletum.
 incompletum--b.
Hawaii 4--Vigna o-wahuensis-- ....................  Vigna o-wahuensis.
 a.
Hawaii 4--Vigna o-wahuensis-- ....................  Vigna o-wahuensis.
 b.
Hawaii 4--Vigna o-wahuensis-- ....................  Vigna o-wahuensis.
 c.
Hawaii 10--Zanthoxylum        Zanthoxylum
 dipetalum ssp. tomentosum--   dipetalum ssp.
 a.                            tomentosum.
------------------------------------------------------------------------

    (105) Critical habitat unit descriptions and maps, and a 
description of primary constituent elements, for Family Malvaceae: 
Kokia drynariodes on the island of Hawaii is provided in 50 CFR 
17.96(a).
    (l) Plants on the island of Hawaii; Constituent elements.
    (1) Flowering plants.

Family Amaranthaceae: Achyranthes mutica (NCN)

    Hawaii 9--Achyranthes mutica--a, Hawaii 9--Achyranthes mutica--b, 
Hawaii 9--Achyranthes mutica--c, Hawaii 9--Achyranthes mutica--d, 
Hawaii 9--Achyranthes mutica--e, Hawaii 9--Achyranthes mutica--f, 
Hawaii 9--Achyranthes mutica--g, Hawaii 9--Achyranthes mutica--h, 
Hawaii 9--Achyranthes mutica--i, Hawaii 9--Achyranthes mutica--j, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Achyranthes mutica on Hawaii. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Acacia koaia lowland dry forest, primarily in gulches but also 
in remnant stands of forest, and containing one or more of the 
following associated native plant species: Dodonaea viscosa, Erythrina 
sandwicensis, Metrosideros polymorpha, Myoporum sandwicense, Osteomeles 
anthyllidifolia, Nestegis sandwicensis, Santalum ellipticum, or Sophora 
chrysophylla; and
    (ii) Elevations between 646 and 1,509 m (2,120 and 4,949 ft).

Family Asteraceae: Argyroxiphium kauense (Mauna Loa silversword)

    Hawaii 10--Argyroxiphium kauense--a, Hawaii 24--Argyroxiphium 
kauense--b, Hawaii 25--Argyroxiphium kauense--c, and Hawaii 30--
Argyroxiphium kauense--d, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for 
Argyroxiphium kauense on Hawaii. Within these units, the currently 
known primary constituent elements of critical habitat include, but are 
not limited to, the habitat components provided by:
    (i) 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: Asplenium peruvianum var. insulare, Carex 
alligata, Carex sp., Coprosma ernodeoides, Coprosma montana, 
Deschampsia nubigena, Dodonaea viscosa, Dubautia ciliolata, Gahnia 
gahniiformis, Geranium cuneatum, Leptecophylla tameiameiae, 
Metrosideros polymorpha, Plantago hawaiensis, Rhynchospora chinensis, 
Silene hawaiiensis, or Vaccinium reticulatum; and
    (ii) Elevations between 1,583 and 2,246 m (5,193 and 8,024 ft).

Family Campanulaceae: Clermontia drepanomorpha (oha wai)

    Hawaii 8--Clermontia drepanomorpha--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Clermontia drepanomorpha on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Metrosideros polymorpha, Cheirodendron trigynum, and Cibotium 
glaucum dominated montane wet forests, containing one or more of the 
following native plant species: Astelia menziesiana, Carex alligata, 
Coprosma sp., Cyanea pilosa, Leptecophylla tameiameiae, Melicope 
clusiifolia, and Rubus hawaiiensis, or sphagnum moss; and
    (ii) Elevations between 1,106 and 1,676 m (3,627 and 5,459 ft).

Family Campanulaceae: Clermontia lindseyana (oha wai)

    Hawaii 1--Clermontia lindseyana--a, Hawaii 2--Clermontia 
lindseyana--b, and Hawaii 30--Clermontia lindseyana--c, identified in 
the legal descriptions in paragraph (k) of this

[[Page 39757]]

section, constitute critical habitat for Clermontia lindseyana on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Slightly open forest cover in wet and mesic Metrosideros 
polymorpha-Acacia koa forest, M. polymorpha forest, and mixed montane 
mesic M. polymorpha-Acacia koa forest and containing one or more of the 
following associated native plant species: Athyrium sp., Cheirodendron 
trigynum, Coprosma sp., Leptecophylla tameiameiae, Peperomia sp., or 
Rubus hawaiiensis; and
    (ii) Elevations between 1,495 and 1,953 m (4,906 and 6,407 ft).

Family Campanulaceae: Clermontia peleana (oha wai)

    Hawaii 1--Clermontia peleana--a, Hawaii 3--Clermontia peleana--b, 
and Hawaii 29--Clermontia peleana--c, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Clermontia peleana on Hawaii. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Montane, wet Metrosideros-Cibotium forest containing one or 
more of the following associated native plant species: Cheirodendron 
trigynum, Cibotium chamissoi, Cibotium menziesii, Clermontia 
hawaiiensis, Coprosma pubens, Cyrtandra platyphylla, Ilex anomala, or 
Sadleria spp.; and
    (ii) Elevations between 663 and 1,622 m (2,175 and 5,321 ft).

Family Campanulaceae: Clermontia pyrularia (oha wai)

    Hawaii 1--Clermontia pyrularia--a and Hawaii 2--Clermontia 
pyrularia--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Clermontia pyrularia on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Wet and mesic montane forest dominated by Acacia koa or 
Metrosideros polymorpha, and subalpine dry forest dominated by M. 
polymorpha, and containing one or more of the following associated 
native plant species: Coprosma sp., Dryopteris wallichiana, Hedyotis 
sp., or Rubus hawaiensis; and
    (ii) Elevations between 1,652 and 2,026 m (5,416 to 6,646 ft).

Family Campanulaceae: Cyanea hamatiflora ssp. carlsonii (haha)

    Hawaii 11--Cyanea hamatiflora ssp. carlsonii--a, Hawaii 14--Cyanea 
hamatiflora ssp. carlsonii--b, Hawaii 15--Cyanea hamatiflora ssp. 
carlsonii--c, and Hawaii 16--Cyanea hamatiflora ssp. carlsonii--d, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Cyanea hamatiflora ssp. carlsonii on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Mesic montane forest dominated by Acacia koa or Metrosideros 
polymorpha, and containing one or more of the following associated 
native plant species: Athyrium sp., Cibotium spp., Clermontia 
clermontioides, Coprosma sp., Dryopteris sp., Hedyotis sp., Ilex 
anomala, Myoporum sandwicense, or Sophora chrysophylla; and
    (ii) Elevations between 1,366 and 1,755 m (4,482 and 5,759 ft).

Family Campanulaceae: Cyanea platyphylla (haha)

    Hawaii 3--Cyanea platyphylla--a and Hawaii 29--Cyanea platyphylla--
b, identified in the legal descriptions in paragraph (k) of this 
section, constitute critical habitat for Cyanea platyphylla on Hawaii. 
Within these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Metrosideros polymorpha-Acacia koa lowland and montane wet 
forests, containing one or more of the following associated native 
plant species: Antidesma platyphyllum, Cibotium sp., Clermontia spp., 
Coprosma sp., Cyrtandra spp., Hedyotis sp., Perrottetia sandwicensis, 
Psychotria hawaiiensis, or Scaevola spp.; and
    (ii) Elevations between 615 and 1,082 m (2,017 and 3,551 ft).

Family Campanulaceae: Cyanea shipmanii (haha)

    Hawaii 1--Cyanea shipmanii--a, Hawaii 30--Cyanea shipmanii--b, and 
Hawaii 30--Cyanea shipmanii--c, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for Cyanea 
shipmanii on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Montane mesic forest dominated by Acacia koa-Metrosideros 
polymorpha and containing one or more of the following associated 
native plant species: Cheirodendron trigynum, Ilex anomala, or Myrsine 
lessertiana; and
    (ii) Elevations between 1,629 and 2,025 m (5,345 and 6,645 ft).

Family Campanulaceae: Cyanea stictophylla (haha)

    Hawaii 15--Cyanea stictophylla--a, Hawaii 16--Cyanea stictophylla--
b, Hawaii 24--Cyanea stictophylla--c, and Hawaii 30--Cyanea 
stictophylla--d, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Cyanea stictophylla on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Acacia koa or wet Metrosideros polymorpha forests, containing 
one or more of the following associated native plant species: Cibotium 
sp., Melicope spp., or Urera glabra; and
    (ii) Between elevations of 1,056 and 1,917 m (3,466 and 6,288 ft).

Family Campanulaceae: Delissea undulata (NCN)

    Hawaii 10--Delissea undulata--a and Hawaii 10--Delissea undulata--
b, identified in the legal descriptions in paragraph (k) of this 
section, constitute critical habitat for Delissea undulata on Hawaii. 
Within these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Dry cinder cones and open Metrosideros polymorpha and Sophora 
chrysophylla forest, and containing one or more of the following 
associated native plant species: Acacia koa, Diospyros sandwicensis, 
Dodonaea viscosa, Nothocestrum breviflorum, Psychotria spp., Santalum 
paniculatum, or Sophora chrysophylla; and
    (ii) Elevations between 893 to 1,734 m (2,928 to 5,690 ft).

Family Caryophyllaceae: Silene hawaiiensis (NCN)

    Hawaii 25--Silene hawaiiensis--a and Hawaii 27--Silene 
hawaiiensis--b, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Silene hawaiiensis on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Weathered lava or variously aged lava flows and cinder 
substrates in montane and subalpine dry shrubland containing one or 
more of the following

[[Page 39758]]

associated native plant species: Dodonaea viscosa, Leptecophylla 
tameiameiae, Metrosideros polymorpha, Rumex giganteus, Sophora 
chrysophylla, or Vaccinium reticulatum; and
    (ii) Elevations between 1,022 and 2,413 m (3,352 and 7,915 ft).

Family Convolvulaceae: Bonamia menziesii (NCN)

    Hawaii 10--Bonamia menziesii--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Bonamia menziesii on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Dry forest, containing one or more of the following associated 
native plant species: Argemone glauca, Canavalia hawaiiensis, 
Chenopodium oahuense, Diospyros sandwicensis, Dodonaea viscosa, 
Erythrina sandwicensis, Metrosideros polymorpha, Myrsine lanaiensis, 
Nototrichium sandwicense, Osteomeles anthyllidifolia, Peperomia blanda 
var. floribunda, Pouteria sandwicensis, Psilotum nudum, Santalum 
paniculatum, Sapindus saponaria, Senna gaudichaudii, Sida fallax, 
Sophora chrysophylla, or Xylosma hawaiiense; and
    (ii) Elevations between 492 and 697 m (1,614 and 2,285 ft).

Family Cucurbitaceae: Sicyos alba (anunu)

    Hawaii 30--Sicyos alba--a, identified in the legal description in 
paragraph (k) of this section, constitutes critical habitat for Sicyos 
alba on Hawaii. Within this unit, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Metrosideros polymorpha-Cibotium glaucum dominated montane wet 
forests, containing one or more of the following associated native 
plant species: Astelia menziesiana, Athyrium microphyllum and other 
ferns, Broussaisia arguta, Cheirodendron trigynum, Coprosma sp., Cyanea 
tritomantha, Cyrtandra lysiosepala, Perrottetia sandwicensis, 
Platydesma spathulata, Pritchardia beccariana, Psychotria sp., or 
Stenogyne sp.; and
    (ii) Elevations between 966 and 1,546 m (3,170 and 5,072 ft).

Family Cyperaceae: Mariscus fauriei (NCN)

    Hawaii 19--Mariscus fauriei--a, identified in the legal description 
in paragraph (k) of this section, constitutes critical habitat for 
Mariscus fauriei on Hawaii. Within this unit, the currently known 
primary constituent elements of critical habitat include, but are not 
limited to, the habitat components provided by:
    (i) Diospyros sandwicensis-Metrosideros polymorpha-Sapindus 
saponaria dominated lowland dry forests, often on a lava substrate, and 
containing one or more of the following associated native plant 
species: Myoporum sandwicense, Osteomeles anthyllidifolia, Peperomia 
blanda var. floribunda, Psydrax odorata, Rauvolfia sandwicensis, or 
Sophora chrysophylla; and
    (ii) Elevations between 278 and 342 m (913 and 1,123 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

    Hawaii 17--Flueggea neowawraea--a and Hawaii 18--Flueggea 
neowawraea--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Flueggea neowawraea on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Mesic Metrosideros polymorpha forest, containing one or more of 
the following associated native plant species: Antidesma platyphyllum, 
Antidesma pulvinatum, Diospyros sandwicensis, Nephrolepis spp., 
Nestegis sandwicensis, Pipturus albidus, Pisonia spp., Pittosporum 
hosmeri, Psychotria hawaiiensis, or Psydrax odorata; and
    (ii) Elevations between 499 and 818 m (1,637 and 2,684 ft).

Family Fabaceae: Sesbania tomentosa (ohai)

    Hawaii 20--Sesbania tomentosa--a and Hawaii 23--Sesbania 
tomentosa--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Sesbania tomentosa on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Open, dry Metrosideros polymorpha forest with mixed native 
grasses, Scaevola taccada coastal dry shrubland on windswept slopes, 
and weathered basaltic slopes, and containing one or more of the 
following associated native plant species: Dodonaea viscosa, 
Fimbristylis hawaiiensis, Ipomoea pes-caprae, Jacquemontia ovalifolia 
ssp. sandwicensis, Leptecophylla tameiameiae, Melanthera integrifolia, 
Myoporum sandwicense, Sida fallax, Sporobolus virginicus, or Waltheria 
indica; and
    (ii) Elevations between sea level and 922 m (0 and 3,025 ft).

Family Fabaceae: Vigna o-wahuensis (NCN)

    Hawaii 4--Vigna o-wahuensis--a, Hawaii 4--Vigna o-wahuensis--b, and 
Hawaii 4--Vigna o-wahuensis--c, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for Vigna o-
wahuensis on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Dodonaea viscosa lowland dry shrubland, containing one or more 
of the following associated native plant species: Chenopodium oahuense, 
Dodonaea viscosa, Osteomeles anthyllidifolia, Sida fallax, or 
Wikstroemia sp.; and
    (ii) Elevations between 717 and 993 m (2,352 and 3,259 ft).

Family Gesneriaceae: Cyrtandra giffardii (haiwale)

    Hawaii 3--Cyrtandra giffardii--a, Hawaii 29--Cyrtandra giffardii--
b, and Hawaii 30--Cyrtandra giffardii--c, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Cyrtandra giffardii on Hawaii. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Wet montane forest dominated by Cibotium sp. or Metrosideros 
polymorpha, and Metrosideros polymorpha-Acacia koa lowland wet forests, 
and containing one or more of the following associated native plant 
species: Astelia menziesiana, Diplazium sandwichianum, Hedyotis 
terminalis, Perrottetia sandwicensis, or other species of Cyrtandra; 
and
    (ii) Between elevations of 654 and 1,440 m (2,146 and 4,723 ft).

Family Gesneriaceae: Cyrtandra tintinnabula (haiwale)

    Hawaii 3--Cyrtandra tintinnabula--a and Hawaii 29--Cyrtandra 
tintinnabula--b, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Cyrtandra tintinnabula 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Lowland wet forest dominated by dense Acacia koa, Metrosideros 
polymorpha, and Cibotium spp. and

[[Page 39759]]

containing one or more of the following associated native plant 
species: Cyrtandra spp. or Hedyotis spp.; and
    (ii) Between elevations 641 and 1,391 m (2,102 and 4,565 ft).

Family Lamiaceae: Phyllostegia racemosa (kiponapona)

    Hawaii 1--Phyllostegia racemosa--a, Hawaii 2--Phyllostegia 
racemosa--b, and Hawaii 30--Phyllostegia racemosa--c, identified in the 
legal descriptions in paragraph (k) of this section, constitute 
critical habitat for Phyllostegia racemosa on Hawaii. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Tree trunks in Acacia koa, Metrosideros polymorpha, and 
Cibotium sp. dominated montane mesic or wet forests and containing one 
or more of the following associated native plant species: Dryopteris 
wallichiana, Rubus hawaiiensis, or Vaccinium calycinum; and
    (ii) Elevations between 1,371 and 1,935 m (4,498 and 6,349 ft).

Family Lamiaceae: Phyllostegia velutina (NCN)

    Hawaii 24--Phyllostegia velutina--a and Hawaii 30--Phyllostegia 
velutina--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Phyllostegia velutina on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Metrosideros polymorpha-Acacia koa dominated montane mesic and 
wet forests containing one or more of the following native plant 
species: Athyrium microphyllum and other native wet forest terrestrial 
ferns, Cheirodendron trigynum, Cibotium spp., Coprosma sp., Dryopteris 
wallichiana, Ilex anomala, Myrsine lessertiana, Pipturus albidus, Rubus 
hawaiiensis, or Vaccinium calycinum; and
    (ii) Elevations between 966 and 1,881 m (3,168 and 6,170 ft).

Family Lamiaceae: Phyllostegia warshaueri (NCN)

    Hawaii 3--Phyllostegia warshaueri--a and Hawaii 8--Phyllostegia 
warshaueri--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Phyllostegia warshaueri 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Metrosideros polymorpha and Cibotium montane and lowland wet 
forest, in which Acacia koa or Cheirodendron trigynum may co-dominate, 
and containing one or more of the following associated native plant 
species: Antidesma platyphyllum, Athyrium sandwicensis, Broussaisia 
arguta, Clermontia parviflora, Coprosma sp., Cyanea pilosa, Cyanea 
spp., Hedyotis sp., Machaerina angustifolia, Pipturus albidus, 
Psychotria hawaiiensis, or Sadleria pallida; and
    (ii) Elevations between 681 and 1,411 m (2,234 and 4,629 ft).

Family Liliaceae: Pleomele hawaiiensis (hala pepe)

    Hawaii 7--Pleomele hawaiiensis--a, Hawaii 10--Pleomele 
hawaiiensis--b, Hawaii 18--Pleomele hawaiiensis--c, and Hawaii 23--
Pleomele hawaiiensis--d, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for Pleomele 
hawaiiensis on Hawaii. Within these units, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Open aa lava in diverse lowland dry forests and Metrosideros-
Diospyros lowland dry forest, and containing one or more of the 
following associated native plant species: Bidens micrantha ssp. 
ctenophylla, Bobea timonioides, Caesalpinia kavaiensis, Cocculus 
trilobus, Colubrina oppositifolia, Diospyros sandwicensis, Dodonaea 
viscosa, Erythrina sandwicensis, Kokia drynarioides, Metrosideros 
polymorpha, Myoporum sandwicense, Neraudia ovata, Nestegis 
sandwicensis, Nothocestrum breviflorum, Nototrichium sandwicense, 
Osteomeles anthyllidifolia, Psydrax odorata, Reynoldsia sandwicensis, 
Santalum paniculatum, Sida fallax, or Sophora chrysophylla; and
    (ii) Elevations between 86 and 892 m (281 and 2,925 ft).

Family Malvaceae: Hibiscadelphus giffardianus (hau kuahiwi)

    Hawaii 26--Hibiscadelphus giffardianus--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Hibiscadelphus giffardianus on Hawaii. Within this unit, 
the currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Mixed montane mesic forest containing one or more of the 
following native plant species: Acacia koa, Coprosma rhynchocarpa, 
Dodonaea viscosa, Melicope spp., Metrosideros polymorpha, Myoporum 
sandwicense, Nestegis sandwicensis, Pipturus albidus, Psychotria sp., 
or Sapindus saponaria; and
    (ii) Elevations between 1,193 and 1,274 m (3,914 and 4,181 ft).

Family Malvaceae: Hibiscadelphus hualalaiensis (hau kuahiwi)

    Hawaii 10--Hibiscadelphus hualalaiensis-- a, identified in the 
legal description in paragraph (k) of this section, constitutes 
critical habitat for Hibiscadelphus hualalaiensis on Hawaii. Within 
this unit, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Dry-mesic to dry Metrosideros forest on rocky substrate in deep 
soils and containing one or more of the following native plant species: 
Acacia koa, Coprosma rhynchocarpa, Dodonaea viscosa, Melicope spp., 
Metrosideros polymorpha, Myoporum sandwicense, Nestegis sandwicensis, 
Pipturus albidus, Psychotria sp., or Sapindus saponaria; and
    (ii) Between elevations 512 and 1,223 m (1,679 and 4,012 ft).

Family Malvaceae: Hibiscus brackenridgei (mao hau hele)

    Hawaii 10--Hibiscus brackenridgei--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Hibiscus brackenridgei on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Acacia koa lowland mesic forest containing one or more of the 
following native plants species: Reynoldsia sandwicensis or Sida 
fallax; and
    (ii) Elevations between 649 and 847 (2,130 and 2,779 ft).

Family Plantaginaceae: Plantago hawaiensis (laukahi kuahiwi)

    Hawaii 24--Plantago hawaiensis--a, Hawaii 25--Plantago hawaiensis--
b, and Hawaii 30--Plantago hawaiensis--c, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Plantago hawaiensis on Hawaii. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) 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, and containing 
one or more of the following associated native plant

[[Page 39760]]

species: Acacia koa, Coprosma ernodeoides, Coprosma montana, Dodonaea 
viscosa, Leptecophylla tameiameiae, Metrosideros polymorpha, or 
Vaccinium reticulatum; and
    (ii) Elevations between 1,584 and 2,513 m (5,198 and 8,243 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Hawaii 21--Ischaemum byrone--a and Hawaii 22--Ischaemum byrone--b, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Ischaemum byrone on Hawaii. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Coastal wet to dry shrubland, near the ocean, rocks or pahoehoe 
lava in cracks and holes, and containing one or more of the following 
associated native plant species: Fimbristylis cymosa, or Scaevola 
taccada; and
    (ii) Elevations between sea level and 28 m (0 and 91 ft).

Family Portulacaceae: Portulaca sclerocarpa (poe)

    Hawaii 27--Portulaca sclerocarpa--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Portulaca sclerocarpa on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) 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, and 
containing one or more of the following associated native plant 
species: Dodonaea viscosa, Melanthera venosa, or Sophora chrysophylla; 
and
    (ii) Elevations between 941 and 1,634 m (3,087 to 5,360 ft).

Family Rhamnaceae: Colubrina oppositifolia (kauila)

    Hawaii 10--Colubrina oppositifolia--a and Hawaii 18--Colubrina 
oppositifolia--b, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Colubrina 
oppositifolia on Hawaii. Within these units, the currently known 
primary constituent elements of critical habitat include, but are not 
limited to, the habitat components provided by:
    (i) Lowland dry and mesic forests dominated by Diospyros 
sandwicensis or Metrosideros polymorpha and containing one or more of 
the following associated native plant species: Bobea timonioides, 
Erythrina sandwicensis, Leptecophylla tameiameiae, Nestegis 
sandwicensis, Nothocestrum breviflorum, Nototrichium sandwicense, 
Peperomia sp., Pleomele hawaiiensis, Psydrax odorata, Rauvolfia 
sandwicensis, Reynoldsia sandwicensis, or Sophora chrysophylla; and
    (ii) Elevations between 177 and 927 m (580 and 3,042 ft).

Family Rhamnaceae: Gouania vitifolia (NCN)

    Hawaii 18--Gouania vitifolia--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Gouania vitifolia on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Dry, rocky ridges and slopes in dry shrubland or dry to mesic 
Nestegis-Metrosideros forests on old substrate kipuka and containing 
one or more of the following associated native plant species: 
Nephrolepis spp., Nestegis sandwicensis, Pipturus albidus, Wikstroemia 
phillyreifolia, or W. sandwicensis; and
    (ii) Elevations between 536 and 1,020 m (1,757 and 3,346 ft).

Family Rubiaceae: Melicope zahlbruckneri (alani)

    Hawaii 24--Melicope zahlbruckneri--a and Hawaii 26--Melicope 
zahlbruckneri--b, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Melicope zahlbruckneri 
on Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Acacia koa-Metrosideros polymorpha dominated montane mesic 
forest containing one or more of the following associated native plant 
species: Coprosma rhynchocarpa, Melicope spp., Myoporum sandwicense, 
Nestegis sandwicensis, Pipturus albidus, Pisonia brunoniana, Psychotria 
hawaiiensis, Sapindus saponaria, or Zanthoxylum dipetalum; and
    (ii) Elevations between 1,060 and 1,336 m (3,476 and 4,383 ft).

Family Rutaceae: Zanthoxylum dipetalum var. tomentosum (ae)

    Hawaii 10--Zanthoxylum dipetalum ssp. tomentosum--a, identified in 
the legal description in paragraph (k) of this section, constitutes 
critical habitat for Zanthoxylum dipetalum var. tomentosum on Hawaii. 
Within this unit, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Metrosideros polymorpha dominated montane mesic forest, often 
on aa lava, and containing one or more of the following associated 
native plant species: Diospyros sandwicensis, Myrsine sp., Pouteria 
sandwicensis, Psychotria sp., Reynoldsia sandwicensis, Santalum 
paniculatum, or Sophora chrysophylla; and
    (ii) Elevations between 874 and 1,208 m (2,867 and 3,964 ft).

Family Solanaceae: Nothocestrum breviflorum (aiea)

    Hawaii 5--Nothocestrum breviflorum--a, Hawaii 6--Nothocestrum 
breviflorum--b, and Hawaii 10--Nothocestrum breviflorum--c, identified 
in the legal descriptions in paragraph (k) of this section, constitute 
critical habitat for Nothocestrum breviflorum on Hawaii. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Lowland dry forest, montane dry forest, or montane mesic forest 
dominated by Acacia koa, Diospyros sandwicensis, or Metrosideros 
polymorpha on aa lava substrates, and containing one or more of the 
following associated native plant species: Bidens micrantha ssp. 
ctenophylla, Caesalpinia kavaiensis, Colubrina oppositifolia, Delissea 
undulata, Dodonaea viscosa, Erythrina sandwicensis, Hibiscadelphus 
hualalaiensis, Kokia drynarioides, Myoporum sandwicense, Osteomeles 
anthyllidifolia, Psydrax odorata, Reynoldsia sandwicensis, Santalum 
ellipticum, Santalum paniculatum, or Sophora chrysophylla; and
    (ii) Elevations between 45 and 1,236 m (146 and 4,055 ft).

Family Solanaceae: Solanum incompletum (popolo ku mai)

    Hawaii 10--Solanum incompletum--a and Hawaii 11--Solanum 
incompletum--b, identified in the legal descriptions in paragraph (k) 
of this section, constitute critical habitat for Solanum incompletum on 
Hawaii. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Dry to mesic forest, diverse mesic forest, or subalpine forest, 
and containing one or more of the following associated native plant 
species: Myoporum sandwicense, Myrsine lanaiensis, or Sophora 
chrysophylla; and
    (ii) Elevations between 1,185 and 2,169 m (3,887 and 7,115 ft).

[[Page 39761]]

Family Urticaceae: Neraudia ovata (NCN)

    Hawaii 10--Neraudia ovata--a and Hawaii 18--Neraudia ovata--d, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Neraudia ovata on Hawaii. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Open Metrosideros polymorpha-Sophora chrysophylla dominated 
lowlands, montane dry forests, or Metrosideros-shrub woodland, and 
containing one or more of the following associated native plant 
species: Bidens micrantha ssp. ctenophylla, Capparis sandwichiana, 
Cocculus orbiculatus, Fimbristylis hawaiiensis, Myoporum sandwicense, 
Myrsine lanaiensis, Myrsine lessertiana, Nothocestrum breviflorum, 
Pleomele hawaiiensis, or Reynoldsia sandwicensis; and
    (ii) Elevations between 28 and 1,526 m (93 to 5,005 ft).

Family Violaceae: Isodendrion hosakae (aupaka)

    Hawaii 4--Isodendrion hosakae--a, Hawaii 4--Isodendrion hosakae--b, 
Hawaii 4--Isodendrion hosakae--c, Hawaii 4--Isodendrion hosakae--d, 
Hawaii 4--Isodendrion hosakae--e, and Hawaii 4--Isodendrion hosakae--f, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Isodendrion hosakae on Hawaii. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Cinder cones with montane dry shrubland and containing one or 
more of the following associated native plant species: Bidens 
menziesii, Dodonaea viscosa, Dubautia linearis, Leptecophylla 
tameiameiae, Melanthera venosa, Osteomeles anthyllidifolia, Santalum 
ellipticum, Sophora chrysophylla, or Wikstroemia pulcherrima; and
    (ii) Elevations between 717 and 1,242 m (2,352 and 4,074 ft).

Family Violaceae: Isodendrion pyrifolium (wahine noho kula)

    Hawaii 12--Isodendrion pyrifolium--a and Hawaii 13--Isodendrion 
pyrifolium--b, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Isodendrion pyrifolium on 
Hawaii. Within these unit, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Lowland dry forests containing one or more of the following 
native plant species: Myoporum sandwicense, Psydrax odorata, Sida 
fallax, Sophora chrysophylla, or Waltheria indica; and
    (ii) Elevations between 29 and 128 m (94 and 420 ft).
    (2) Ferns and allies.

Family Aspleniaceae: Asplenium fragile var. insulare (NCN)

    Hawaii 24--Asplenium fragile var. insulare--a, identified in the 
legal description in paragraph (k) of this section, constitutes 
critical habitat for Asplenium fragile var. insulare on Hawaii. Within 
this unit, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) 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 large, moist lava tubes (3.05 to 4.6 m 
(10 to 15 ft) in diameter), pits, deep cracks, and lava tree molds that 
have at least a moderate soil or ash accumulation or that are at 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: Leptecophylla tameiameiae, Phyllostegia ambigua, 
Vaccinium reticulatum, mosses, or liverworts; and
    (ii) Elevations between 1,313 and 2,194 m (4,306 and 7,198 ft).

Family Aspleniaceae: Diellia erecta (asplenium-leaved diellia)

    Hawaii 17--Diellia erecta--a and Hawaii 18--Diellia erecta--b, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Diellia erecta on Hawaii. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Metrosideros polymorpha-Nestegis sandwicensis lowland mesic 
forest containing one or more of the following associated native plant 
species: Antidesma platyphyllum, A. pulvinatum, Diospyros sandwicensis, 
Microlepia sp., Nephrolepis spp. Nestegis sandwicensis, Psydrax 
odorata, Wikstroemia phillyreifolia, or Wikstroemia sandwicensis; and
    (ii) Elevations between 510 and 981 m (1,672 and 3,217 ft).

Family Grammitidaceae: Adenophorus periens (pendent kihi fern)

    Hawaii 28--Adenophorus periens--a, identified in the legal 
description in paragraph (k) of this section, constitutes critical 
habitat for Adenophorus periens on Hawaii. Within this unit, the 
currently known primary constituent elements of critical habitat 
include but are not limited to, the habitat components provided by:
    (i) 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 linearis, 
Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, Machaerina 
angustifolia, Psychotria hawaiiensis, or Psychotria sp.; and
    (ii) Elevations between 675 and 921 m (2,215 and 3,021 ft).
* * * * *

    Dated: May 30, 2003.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-14143 Filed 7-1-03; 8:45 am]
BILLING CODE 4310-55-P