[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67786-67860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23112]



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Vol. 81

Friday,

No. 190

September 30, 2016

Part V





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; Endangered Status for 49 
Species From the Hawaiian Islands; Final Rule

  Federal Register / Vol. 81 , No. 190 / Friday, September 30, 2016 / 
Rules and Regulations  

[[Page 67786]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2015-0125; 4500030113]
RIN 1018-BB07


Endangered and Threatened Wildlife and Plants; Endangered Status 
for 49 Species From the Hawaiian Islands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
endangered status under the Endangered Species Act of 1973 (Act), as 
amended, for 10 animal species, including the Hawaii DPS of the band-
rumped storm-petrel (Oceanodroma castro), the orangeblack Hawaiian 
damselfly (Megalagrion xanthomelas), the anchialine pool shrimp 
(Procaris hawaiana), and seven yellow-faced bees (Hylaeus anthracinus, 
H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana), and for 39 plant species from the Hawaiian Islands. This rule 
adds these species to the Federal Lists of Endangered and Threatened 
Wildlife and Plants.

DATES: This rule is effective October 31, 2016.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and at http://www.fws.gov/pacificislands. Comments 
and materials we received, as well as supporting documentation we used 
in preparing this rule, are available for public inspection at http://www.regulations.gov, or, by appointment, during normal business hours 
at: U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife 
Office, 300 Ala Moana Boulevard, Honolulu, HI 96850; telephone 808-792-
9400; or facsimile 808-792-9581.

FOR FURTHER INFORMATION CONTACT: Mary M. Abrams, Ph.D., Field 
Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Honolulu, HI 96850; telephone 808-792-9400; or facsimile 
808-792-9581. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Endangered Species Act 
(Act), a species may warrant protection through listing if it is 
endangered or threatened throughout all or a significant portion of its 
range. Listing a species as an endangered or threatened species can 
only be completed by issuing a rule. Critical habitat is to be 
designated, to the maximum extent prudent and determinable, for any 
species determined to be an endangered or threatened species under the 
Act.
    This rule makes final the listing of 10 animal species (the Hawaii 
DPS of the band-rumped storm-petrel (Oceanodroma castro), the 
orangeblack Hawaiian damselfly (Megalagrion xanthomelas), the 
anchialine pool shrimp (Procaris hawaiana), and seven yellow-faced bees 
(Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, 
H. longiceps, and H. mana)), and 39 plant species (Asplenium 
diellaciniatum (no common name, NCN), Calamagrostis expansa (Maui 
reedgrass), Cyanea kauaulaensis (NCN), Cyclosorus boydiae (kupukupu 
makalii), Cyperus neokunthianus (NCN), Cyrtandra hematos (haiwale), 
Deparia kaalaana (NCN), Dryopteris glabra var. pusilla (hohiu), 
Exocarpos menziesii (heau), Festuca hawaiiensis (NCN), Gardenia remyi 
(nanu), Huperzia stemmermanniae (NCN), Hypolepis hawaiiensis var. 
mauiensis (olua), Joinvillea ascendens ssp. ascendens (ohe), Kadua 
fluviatilis (kamapuaa), Kadua haupuensis (NCN), Labordia lorenciana 
(NCN), Lepidium orbiculare (anaunau), Microlepia strigosa var. 
mauiensis (NCN), Myrsine fosbergii (kolea), Nothocestrum latifolium 
(aiea), Ochrosia haleakalae (holei), Phyllostegia brevidens (NCN), 
Phyllostegia helleri (NCN), Phyllostegia stachyoides (NCN), Portulaca 
villosa (ihi), Pritchardia bakeri (Baker's loulu), Pseudognaphalium 
sandwicensium var. molokaiense (enaena), Ranunculus hawaiensis (makou), 
Ranunculus mauiensis (makou), Sanicula sandwicensis (NCN), Santalum 
involutum (iliahi), Schiedea diffusa ssp. diffusa (NCN), Schiedea 
pubescens (maolioli), Sicyos lanceoloideus (anunu), Sicyos macrophyllus 
(anunu), Solanum nelsonii (popolo), Stenogyne kaalae ssp. sherffii 
(NCN), and Wikstroemia skottsbergiana (akia), as endangered species.
    Delineation of critical habitat requires identification of the 
physical or biological features essential to the species' conservation. 
A careful assessment of the biological needs of the species and the 
areas that may have the physical or biological features essential for 
the conservation of the species and that may require special management 
considerations or protections, and thus qualify for designation as 
critical habitat, is required. We require additional time to analyze 
the best available scientific data in order to identify specific areas 
appropriate for critical habitat designation and to analyze the impacts 
of designating such areas as critical habitat. Accordingly, we find 
designation of critical habitat to be ``not determinable'' at this 
time.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that these 49 species are 
experiencing population-level impacts as the result of the following 
current and ongoing threats:
     Habitat loss and degradation due to urbanization; 
nonnative feral ungulates (hoofed mammals, e.g., pigs, goats, axis 
deer, black-tailed deer, mouflon, and cattle); nonnative plants; 
wildfire; and water extraction.
     Predation or herbivory by nonnative feral ungulates, rats, 
slugs, bullfrogs, Jackson's chameleons, ants, and wasps.
     Stochastic events such as landslides, flooding, drought, 
tsunami, and hurricanes.
     Human activities such as recreational use of anchialine 
pools, dumping of nonnative fish and trash into anchialine pools, and 
manmade structures and artificial lighting.
     Vulnerability to extinction due to small numbers of 
individuals and occurrences and lack of regeneration.
     Competition with nonnative plants and nonnative 
invertebrates.
    Existing regulatory mechanisms and conservation efforts are not 
adequate to ameliorate the impacts of these threats on any of the 49 
species such that listing is not warranted. Environmental effects from 
climate change are likely to exacerbate the impacts of these threats.
    Peer review and public comment. We sought comments from independent 
specialists to ensure that our designation is based on scientifically 
sound data, assumptions, and analyses. We invited these peer reviewers 
to comment on our listing proposal. We also considered all comments and 
information we received during two comment periods, including at one 
public hearing.

[[Page 67787]]

Previous Federal Actions

    Please refer to the proposed listing rule for the 49 species from 
the Hawaiian Islands (80 FR 58820; September 30, 2015) for a detailed 
description of previous Federal actions concerning these species.

Summary of Comments and Recommendations

    On September 30, 2015, we published a proposed rule to list 49 
species (39 plants and 9 animals) from the Hawaiian Islands as 
endangered throughout their ranges and the Hawaii population (distinct 
population segment (DPS)) of the band-rumped storm-petrel as endangered 
(80 FR 58820). The comment period for the proposed rule lasted 60 days, 
ending November 30, 2015 We published a public notice of the proposed 
rule in the local Honolulu Star Advertiser, West Hawaii Today, Hawaii 
Tribune-Herald, Molokai Dispatch, The Maui News, and The Garden Island 
newspapers at the beginning of the comment period. We received two 
requests for a public hearing. On January 22, 2016 (81 FR 3767), we 
reopened the comment period for an additional 30 days, ending on 
February 22, 2016, and we announced a public meeting and public hearing 
for the proposed rule. We again published a public notice in local 
newspapers and provided the public notice to local media. For both 
comment periods, we requested that all interested parties submit 
comments or information concerning the proposed listing of the 49 
species. We contacted all appropriate State and Federal agencies, 
county governments, elected officials, scientific organizations, and 
other interested parties and invited them to comment. The public 
meeting and hearing were held in Hilo, Hawaii, on February 9, 2016.
    During the comment periods, we received a total of 41 unique public 
comment letters (including comments received at the public hearing) on 
the proposed listing of the 49 species. Of the 41 commenters, 21 were 
peer reviewers, 3 were Federal agencies (Hawaii Volcanoes National 
Park, Haleakala National Park, and Kaloko-Honokohau and Puuhonua o 
Honaunau National Historical Parks (NHPs)), 4 were State of Hawaii 
agencies (Hawaii Department of Health, Hawaii Department of Land and 
Natural Resources Division of Aquatic Resources, Hawaii Division of 
Forestry and Wildlife, and Hawaii Department of Hawaiian Home Lands), 
and 13 were nongovernmental organizations or individuals (including 
those who provided comments or testimony at the public hearing). The 
National Park Service (NPS) provided new information about the numbers 
and range of species in this rule that occur on NPS lands, and about 
graduate research on the orangeblack Hawaiian damselfly. We appreciate 
the time and effort taken by all commenters to submit their views and 
information, and we have incorporated all substantive new information, 
e.g., from the National Park Service, into this final rule. However, we 
received some comments from the public on the possible future 
designation of critical habitat and on a variety of other topics. To 
the extent that comments do not pertain to the proposed listing rule, 
we do not address them in this final rule. In this final rule, we 
address only those comments relevant to the listing of the 49 species 
from the Hawaiian Islands.
    All substantive information related to the listing action provided 
during the comment periods has either been incorporated directly into 
this final rule, or is addressed below. For readers' convenience, we 
have combined similar comments into a single comment and response.
Peer Review
    In accordance with our peer review policy published in the Federal 
Register on July 1, 1994 (59 FR 34270), we solicited expert opinions 
from 29 knowledgeable individuals with scientific expertise on one or 
more of the 49 Hawaiian Islands species, which include 39 plants, a 
seabird, a damselfly, an anchialine pool shrimp, and seven yellow-faced 
bees, and their habitats. This expertise also included familiarity with 
the geographic region in which these species occur and conservation 
biology principles. We received responses from 21 of these individuals. 
We reviewed all comments we received from the peer reviewers for 
substantive issues and new information regarding the 49 species. Of 
these 21 peer reviewers, 18 provided comments or new information on one 
or more of the 49 species. Ten peer reviewers stated support for the 
proposed listing, and 11 were neutral regarding the proposed listing. 
These peer reviewers generally supported our methodology and 
conclusions. Peer reviewer comments are either addressed below or are 
incorporated into this final rule as appropriate.
    (1) Comment: One peer reviewer stated that sea-level rise and 
coastal inundation collectively are also potential future threats to 
the welfare of Procaris hawaiana, because they may cause further loss 
of anchialine pool habitat.
    Our Response: We have added sea-level rise and coastal inundation 
as threats to P. hawaiana and its habitat under the discussion in this 
rule titled ``Climate Change'' (Factor E. Other Natural or Manmade 
Factors Affecting Their Continued Existence).
    (2) Comment: One peer reviewer stated that because sea-level rise 
could increase surface connectivity between currently isolated 
anchialine pools, invasion by nonnative fish would be exacerbated.
    Our Response: In this rule, we have added surface connectivity to 
our summary description of the status and stressors to P. hawaiana as a 
factor likely to exacerbate the threat posed by nonnative fish to this 
species and its anchialine pool habitat (see Anchialine pool shrimp 
(Procaris hawaiana), under Summary of Biological Status of the 49 
Hawaiian Islands Species).
    (3) Comment: One peer reviewer recommended that the island of 
Lanai, and coastal habitat, be included as habitat for the band-rumped 
storm-petrel, as birds were observed during the breeding season 
transiting this habitat, which is conducive to nesting where crevices 
and ledges are numerous and can provide some protection from feral cats 
(Felis catus), goats (Capra hircus), and mouflon (Ovis gmelini 
musimon).
    Our Response: We have added coastal habitat on Lanai in our 
description of habitat for the band-rumped storm-petrel in this final 
listing rule.
    (4) Comment: One peer reviewer recommended that coastal habitat on 
leeward east Maui be included for the band-rumped storm-petrel, as 
remains of a chick were found there in 1999.
    Our Response: We understand that coastal habitat on east Maui may 
be part of the species' historical range, but we have not added coastal 
areas on leeward east Maui as currently occupied habitat for the band-
rumped storm-petrel in this final rule. Unlike coastal Lanai, in 
coastal areas on leeward east Maui, no indication of the species' 
presence or use of this habitat has been observed for 17 years.
    (5) Comment: One peer reviewer stated that predation by bullfrogs 
(Lithobates catesbeianus) should be included as a threat to the 
orangeblack Hawaiian damselfly, and that impacts of backswimmers 
(Notonectidae family) and caddisflies (Trichoptera order) on the 
damselfly are speculative.
    Our Response: We have included in this final rule that bullfrogs 
are a threat to the orangeblack Hawaiian damselfly, and clarified that 
the effects of

[[Page 67788]]

predation by backswimmers and caddisflies are not well understood.

Comments From State Agencies

    (6) Comment: The Hawaii Department of Land and Natural Resources' 
Division of Forestry and Wildlife did not comment in support of, or in 
opposition to, the proposed listing of the 49 species from the Hawaiian 
Islands. District botanists from Kauai, Oahu, Maui, and Hawaii Island 
provided plant species occurrence updates by island.
    Our Response: We appreciate the information provided regarding the 
49 plant species from the Hawaiian Islands, and have incorporated it 
into the Summary of Biological Status of the 49 Hawaiian Islands 
Species for the appropriate species in this final rule.
    (7) Comment: The Hawaii Department of Health acknowledged that 
protecting wildlife and plants can often be important for human and 
environmental health. They further commented that managing and 
controlling wild ungulates is necessary for 95 percent of these 
proposed plant species, the orangeblack Hawaiian damselfly (Megalagrion 
xanthomelas), and the yellow-faced bees (Hylaeus spp.), but that it is 
also essential to preventing erosion, and, therefore, protecting water 
quality. Fire is a natural process that is now unnaturally frequent, 
intense, and destructive to the Hawaiian Islands, in part due to 
invasive grasses. Mitigating wildfires is essential to caring for 38 
percent of the plant species, the damselfly, and yellow-faced bees, but 
it also limits the release of air pollutants that are known to be 
harmful to human health. Protection of coastal and wetland habitat such 
as that populated by the anchialine pool shrimp (Procaris hawaiana) 
limits further human pressures on our sensitive coastlines and aquatic 
environments.
    Our Response: We agree that managing and controlling ungulates 
would provide significant conservation benefits to listed plant and 
animal species, and would also prevent erosion and protect water 
quality of the islands and near shore reefs. We also acknowledge that 
nonnative grasses contribute to the increase in numbers and intensity 
of wildfires in Hawaii. Protection of coastal habitat (through 
nonnative plant and ungulate control, and prevention of wildfires) 
would provide a conservation benefit to the anchialine pool shrimp, and 
to other species that depend on coastal habitat.
    (8) Comment: The Hawaii Department of Land and Natural Resources 
Division of Aquatic Resources concurred that the information in the 
proposed rule for the anchialine pool shrimp, Procaris hawaiana, is the 
most accurate and up-to-date information available, and supported 
listing the species as endangered under the Act (16 U.S.C. 1531 et 
seq.).
    Our Response: We appreciate this support for the proposed listing 
of the anchialine pool shrimp, Procaris hawaiana.
    (9) Comment: The Department of Hawaiian Home Lands (DHHL) asked 
that the Secretary of the Interior consider the effects of designation 
of endangered species that may potentially have critical habitat on 
Hawaiian Home Lands in a similar manner to the effects such designation 
has on tribal lands, including the impact on tribal sovereignty. DHHL 
is aware that Secretarial Order 3206, issued in June 1997, establishes 
guidelines for the Service when dealing with Indian tribes relating to 
endangered species. Secretarial Order 3206 recognizes that, in order to 
respect the cultural and social aspects of Indian tribes, some 
environmental restrictions on Indian tribal lands are not appropriate, 
and it calls on the Service to preserve endangered species while 
respecting tribal authority over their own lands. While native 
Hawaiians are not an ``Indian tribe'' under the Order, DHHL's mission, 
to place native Hawaiians on its lands for residential, agricultural, 
and pastoral homesteading purposes, is analogous to the circumstances 
of Indian tribes. The Department also recommends that the Secretaries 
of the Interior and Commerce, in determining endangered species and 
critical habitat designations, consult directly with the Hawaiian Homes 
Commission, DHHL, Office of Native Hawaiian Relations, and 
beneficiaries of the Hawaiian Homes Commission Act to include native 
intelligence and knowledge on species, habitat, and place-based 
management and protection.
    Our Response: 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 (Consultation 
and Coordination With Indian Tribal Governments), 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. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems; to incorporate 
native intelligence and knowledge of species, habitat, and place-based 
management and protection; to acknowledge that tribal lands are not 
subject to the same controls as Federal public lands; to remain 
sensitive to Indian culture; and to make information available to 
tribes. In addition, a 2004 consolidated appropriations bill (Pub. L. 
108-199, see section 148) established the Office of Native Hawaiian 
Relations within the Secretary of the Interior's Office, and its duties 
include effectuating and implementing the special legal relationship 
between the Native Hawaiian people and the United States, and fully 
integrating the principle and practice of meaningful, regular, and 
appropriate consultation with the Native Hawaiian people by assuring 
timely notification of and prior consultation with the Native Hawaiian 
people before any Federal agency takes any actions that may have the 
potential to significantly affect Native Hawaiian resources, rights, or 
lands. A 2011 memorandum of understanding (MOU) signed by the 
Department of the Interior states that ``Federal agencies are required 
to consult with Native Hawaiian organizations before taking any action 
that may have the potential to significantly affect Native Hawaiian 
resources, rights, or lands.'' Although native Hawaiians are not 
technically a ``recognized Federal tribe'' as referenced in the above 
Executive and Secretarial Orders, we endeavor to fully engage and work 
directly with native Hawaiians as much as possible. At the time we 
published our proposed rule (80 FR 58820; September 30, 2015), we 
notified several Hawaiian organizations including the DHHL, Kamehameha 
Schools, the Office of Hawaiian Affairs, the Kahoolawe Island Reserve 
Commission (KIRC), and Kahea-The Hawaiian-Environmental Alliance. We 
contacted the Department of the Interior's Office of Native Hawaiian 
Relations on September 28, 2015, to inform them of our proposed listing 
action. We also conducted in-person meetings with staff of the 
Department of Hawaiian Home Lands, Kamehameha Schools, and KIRC. We 
considered all comments and recommendations provided by these 
organizations in developing this final listing rule. At the time we 
prepare a proposed critical habitat rule for these species, we will 
notify these groups and organizations, and carefully consider any 
comments and new information they provide regarding habitat for these 
species.

[[Page 67789]]

Public Comments

    Seven public commenters supported listing of all 49 Hawaiian 
Islands species. Seven public commenters opposed the listing of the 49 
Hawaiian Islands species, and one of these commenters supported the 
intent of listing but opposed designation of critical habitat on their 
lands.
    (10) Comment: One commenter supported this rule because of the 
facts and analysis stated in the proposed rule. Two commenters stated 
that humans need to be a voice for plants and animals, and that this 
listing will positively impact the conservation of many animals and 
positively lead other conversations in the right direction.
    Our Response: We appreciate the comments and believe that listing 
status will help provide conservation benefits to the species and their 
habitats.
    (11) Comment: One commenter stated that the 49 species also play a 
pivotal role in promoting tourism and building the economy of Hawaii 
and that they deserve to be put onto the Lists of Endangered and 
Threatened Wildlife and Plants. Two commenters stated that listing 
these species will attract wildlife enthusiasts and nature lovers from 
all around the world, and their spending and tourism helps to build and 
maintain sources of revenue in Hawaii; most markets within the islands 
depend on the tourism dollars that wildlife attracts.
    Our Response: We do not consider economic consequences in our 
decisions to list or not list species as endangered or threatened under 
the Act. Section 4(b)(1)(a) of the Act specifies that listing 
determinations be made ``solely on the basis of the best scientific and 
commercial data available.''
    (12) Comment: One commenter stated that the potential negative 
impacts of listing to landowners is very small, as the vast majority of 
the habitat for these rare species occurs on State and Federal lands, 
or in private lands devoted to conservation.
    Our Response: We agree that many of the 49 species occur or were 
known from State and Federal lands, or in undeveloped areas already 
dedicated to conservation. However, listing a species as endangered or 
threatened is based on the species' biological status; the development 
of a proposed rule for critical habitat for these species will be 
completed in a separate rule, and the effects of critical habitat on 
landowners will be analyzed upon preparation of that proposed rule.
    (13) Comment: One commenter stated that island residents have 
entirely lost historical and cultural opportunities and rights as a 
result of species protection enforcement and that those in the field of 
endangered species protection have a single focus, with little or no 
concern for cultural and historical values. Another commenter stated 
that this listing would cause a further loss for the public of 
cultural, historical, and economic resources. A third commenter stated 
that native Hawaiian society believes they should be able to manage 
their people, land, and resources autonomously.
    Our Response: Listing a species as endangered or threatened does 
not cause loss of historical and cultural opportunities; in fact, it 
highlights the need to protect the characteristics that are unique to 
the Hawaiian Islands. We acknowledge that some economic impacts are a 
possible consequence of listing a species under the Act; for example, 
there may be costs to the landowner associated with the development of 
a habitat conservation plan (HCP). In other cases, if the landowner 
does not acquire a permit for incidental take (for animals), the 
landowner may choose to forego certain activities on their property to 
avoid violating the Act, resulting in potential lost income. However, 
the Act does not provide for the consideration of such impacts when 
making a listing decision. Section 4(b)(1)(a) of the Act specifies that 
listing determinations be made ``solely on the basis of the best 
scientific and commercial data available.'' The language provided by 
Congress in the Act thus precludes such costs from consideration in 
association with a listing determination. We work collaboratively with 
private landowners, and strongly encourage those with listed species on 
their property to work with us to develop incentive-based measures such 
as strategic habitat areas (SHAs) and HCPs, which have the potential to 
provide conservation measures that effect positive results for the 
species and their habitat while providing regulatory relief for 
landowners. The conservation and recovery of endangered and threatened 
species, especially of those in Hawaii that occur nowhere else in the 
world, and the ecosystems upon which they depend, is the ultimate 
objective of the Act, and the Service recognizes the vital importance 
of voluntary, nonregulatory conservation measures that provide 
incentives for landowners in achieving that objective. In regards to 
land management by native Hawaiians, see our response to Comment (9), 
above. The Act does provide for the consideration of potential economic 
impacts in the course of designating critical habitat (limited to 
activities that are funded, authorized, or carried out by a Federal 
agency), and that analysis will be conducted as we prepare a rule 
proposing critical habitat for the multi-island species.
    (14) Comment: Four commenters were concerned that listing a species 
would entail removal of nonnative species with cultural significance, 
or removal of those used for food and sport hunting, and that control 
of nonnative ungulates would not be conducted humanely.
    Our Response: Habitat destruction and modification by ungulates is 
a threat to 37 of the 39 plants, and to 9 of the 10 animals proposed 
for listing. Herbivory by ungulates is a threat to 27 of the 39 plants 
proposed for listing. Hawaii was inhabited as early as the 2nd century; 
therefore, hunting of game mammals is a relatively recent activity 
(Tomich 1986, p. 1). The first Polynesian settlers brought domestic 
pigs of southeast Asia (Sus scrofa or a species derived from Sus scrofa 
vittatus) with them that were small in size, domesticated, and allowed 
to run freely around habitations (Tomich 1986, p. 120). Cook brought 
English pigs on his first voyage to Hawaii and landed a boar and sow on 
Niihau in 1778 (Tomich 1986, p. 121). Goats and European boars were 
introduced and released (on Niihau in 1778) by ship captains with the 
intent of establishing feral populations of these animals to be an 
available food source in future visits to the islands. Cattle (Bos 
taurus) and domestic sheep (Ovis aries) were released in 1794, by 
Vancouver. Deer were released later; first, axis deer in 1867, and then 
mule deer (black-tailed deer) in 1961 (Tomich 1986, pp. 127, 133, 141, 
150, 158). These ungulates multiplied rapidly, with immense negative 
impacts to native vegetation (Loope 1988, pp. 274-276). The need for 
control of feral cattle was recognized as early as 1918, by C.S. Judd 
(Tomich 1986, p. 146). The commenter may be referring to the Federal 
court order mandating the removal of sheep and goats for protection of 
the palila (Loxioides bailleui), an endangered bird endemic to Hawaii. 
Aerial hunting is an efficient control method and was chosen by the 
State to comply with this order. Carcasses taken during hunts (in both 
2014 and 2015) were available to the permitted public for salvage (DLNR 
2014, in litt.; DLNR 2015, in litt.). Aerial hunting is not conducted 
by the Service in Hawaii.
    (15) Comment: One commenter stated that once species are listed for 
protection under the Act, there is no public recourse.
    Our Response: There is public recourse after a rulemaking is 
published in the Federal Register. Under the Act,

[[Page 67790]]

an interested person may petition to add a species to, or to remove a 
species from, either of the Lists of Endangered and Threatened Wildlife 
and Plants. Within 12 months of the petition, the Secretary will make a 
finding as to whether the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. Persons may also petition to designate or revise a critical 
habitat designation. Our petition regulations are set forth at 50 CFR 
424.14.
    (16) Comment: Two commenters expressed concern that the magnitude 
of the proposed listing rule and the subsequent designation of critical 
habitat will have negative effects on Hawaii's economy, property 
values, and land use.
    Our Response: We understand there is confusion and concern about 
the effects of listing the 49 multi-island species. Listing provides 
certain protections to the species under the Act. Section 7 of the Act 
states that each Federal agency (through consultation) shall insure 
that any action authorized, funded, or carried out by the agency is not 
likely to jeopardize the continued existence of any endangered or 
threatened species. For endangered species of fish or wildlife, section 
9 of the Act prohibits any person subject to the jurisdiction of the 
United States to import or export; ``take'' (defined as harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt 
any of these actions) within the United States or the territorial sea 
of the United States; take upon the high seas; deliver, receive, carry, 
transport, or ship in interstate or foreign commerce in the course of a 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce. For endangered plants, section 9 of the Act prohibits any 
person subject to the jurisdiction of the United States to import or 
export; deliver, receive, carry, transport, or ship in interstate or 
foreign commerce in the course of a commercial activity; sell or offer 
for sale in interstate or foreign commerce; remove and reduce the 
species to possession from areas under Federal jurisdiction; 
maliciously damage or destroy any such species on areas under Federal 
jurisdiction; or remove, cut, dig up, or damage or destroy any species 
species in knowing violation of any State law or regulations or in the 
course of any violation of a State criminal trespass law. Section 10 of 
the Act provides for permitting of actions that may enhance the 
propagation or survival of the species, or that may ``take'' a species. 
We acknowledge that some economic impacts are a possible consequence of 
listing a species under the Act; for example, there may be costs to the 
landowner associated with the development of an HCP. In other cases, if 
the landowner does not acquire a permit for incidental take, the 
landowner may choose to forego certain activities on their property to 
avoid violating the Act, resulting in potential lost income. However, 
the statute does not provide for the consideration of such impacts when 
making a listing decision. Listing determinations are made ``solely on 
the basis of the best scientific and commercial data available.'' This 
rule only lists the 49 species from the Hawaiian Islands; it does not 
designate critical habitat.
    (17) Comment: Two commenters stated that listing species and 
designating critical habitat on private property in Hawaii will 
alienate ranchers, a group that can help with species and habitat 
conservation. The commenters state that conservation can best be 
achieved by cooperation and coordination with private landowners.
    Our Response: This rule only addresses the listing of 49 species 
from the Hawaiian Islands and does not designate critical habitat. We 
agree that partnerships can provide benefits for listed species and 
their habitat through development of conservation plans and 
implementation of management actions.
    (18) Comment: One commenter stated that the Service should include 
the public now, not after designating critical habitat, with outreach, 
public forums, presentations, and meetings on every island for 
community groups, industry and business groups, the Soil and Water 
Conservation Districts, the Farm Bureau, Hawaii Cattlemen's Council, 
and schools.
    Our Response: As described above, the publication of the proposed 
listing rule did not include a critical habitat proposal. We opened a 
60-day comment period on the proposed listing rule, obtained extensive 
peer review, published notices in numerous local newspapers, reopened 
the comment period, and held a public hearing and information meeting. 
We considered all comments we received in preparing this final listing 
rule, and this rule incorporates new, substantive information provided 
to us by commenters.

Summary of Changes From the Proposed Rule

    In preparing this final rule, we reviewed and fully considered 
comments from the public and peer reviewers on the proposed rule, and 
incorporated the following substantive changes into this final rule. 
None of the new information we received changed our evaluation of the 
threats to these species or our determinations in this final rule that 
they are endangered.
    (1) We made revisions to the demographic status or distribution of 
31 species of plants, based on comments from peer reviewers, by 
correcting current locations or numbers of individuals for: Asplenium 
diellaciniatum, Calamagrostis expansa, Cyanea kauaulaensis, Cyclosorus 
boydiae, Cyrtandra hematos, Dryopteris glabra var. pusilla, Exocarpos 
menziesii, Gardenia remyi, Huperzia stemmermanniae, Joinvillea 
ascendens ssp. ascendens, Kadua fluviatilis, Microlepia strigosa var. 
mauiensis, Myrsine fosbergii, Nothocestrum latifolium, Ochrosia 
haleakalae, Phyllostegia brevidens, P. helleri, P. stachyoides, 
Portulaca villosa, Pritchardia bakeri, Pseudognaphalium sandwicensium 
var. molokaiense, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Santalum involutum, Schiedea diffusa ssp. diffusa, S. 
pubescens, Sicyos lanceoloideus, S. macrophyllus, Stenogyne kaalae ssp. 
sherffii, and Wikstroemia skottsbergiana.
    (2) We made revisions to specific threats to 31 plant species, 
based on comments from peer reviewers, including: Asplenium 
diellaciniatum, Calamagrostis expansa, Cyanea kauaulaensis, Cyclosorus 
boydiae, Cyperus neokunthianus, Cyrtandra hematos, Deparia kaalaana, 
Dryopteris glabra var. pusilla, Exocarpos menziesii, Huperzia 
stemmermanniae, Hypolepis hawaiiensis var. mauiensis, Joinvillea 
ascendens ssp. ascendens, Kadua fluviatilis, K. haupuensis, Labordia 
lorenciana, Lepidium orbiculare, Microlepia strigosa var. mauiensis, 
Myrsine fosbergii, Nothocestrum latifolium, Ochrosia haleakalae, 
Phyllostegia brevidens, P. helleri, P. stachyoides, Portulaca villosa, 
Sanicula sandwicensis, Santalum involutum, Schiedea diffusa ssp. 
diffusa, S. pubescens, Sicyos lanceoloideus, Solanum nelsonii, and 
Wikstroemia skottsbergiana.
    (3) We corrected the taxonomy for the nonnative plant, California 
grass, from Brachiaria mutica to Urochloa mutica.
    (4) We added further references concerning genetic research that 
supports differences in populations of the band-rumped storm-petrel 
breeding in different oceans and archipelagos.
    (5) We added additional information on current nesting sites of the 
band-rumped storm-petrel on Lehua Island, Kauai, Molokai (coastal), 
Lanai (coastal), Hawaii Island (Hawaii Volcanoes National Park), and 
subalpine habitat

[[Page 67791]]

(Hawaii Island), based on comments regarding audio detections.
    (6) We added information regarding additional populations of the 
orangeblack Hawaiian damselfly on Hawaii Island.
    (7) We added information on predation of the orangeblack Hawaiian 
damselfly by Jackson's chameleons, backswimmers, and bullfrogs as a 
threat, and predation by the black twig borer as a threat to Labordia 
lorenciana and Nothocestrum latifolium.
    (8) We added competition with caddisflies for resources, prey, and 
space as a potential threat to the orangeblack Hawaiian damselfly.
    (9) We made revisions to the demographic status or distribution of 
the yellow-faced bees Hylaeus anthracinus, H. facilis, and H. 
longiceps.
    (10) We added tsunami as a threat to the yellow-faced bees that 
occur in coastal areas (Hylaeus anthracinus, H. assimulans, H. facilis, 
H. hilaris, and H. longiceps), and to Solanum nelsonii, also in coastal 
areas.
    (11) We changed ``Australian colletid'' to ``alien Hylaeus'' bees, 
and included competition with sweat bees (Lasioglossum spp.) as a 
threat to the yellow-faced bees.
    (12) We noted that transmission of diseases carried by nonnative 
insects through shared food sources could be a threat to the yellow-
faced bees, but we have no specific evidence of this type of disease 
transmission.
    (13) We added drought as a potential threat to all seven yellow-
faced bees.
    (14) We added infiltration of waste water, fertilizers, or 
pesticides resulting from development activities as a potential threat 
to the anchialine pool shrimp.
    (15) We added sea-level rise and coastal inundation as a potential 
threat to Solanum nelsonii, as occurrences in low-lying coastal areas 
are at risk, and to the anchialine pool shrimp, as these events could 
increase connectivity of anchialine pools leading to further incursion 
by nonnative fish from one pool to another.

Background

    Please refer to the proposed listing rule for the 49 species from 
the Hawaiian Islands (80 FR 58820; September 30, 2015), available at 
http://www.regulations.gov (see ADDRESSES), for the following 
information:
     For background information on the Hawaii Islands, see 
``The Hawaiian Islands'' under Background;
     For ecosystem descriptions, see An Ecosystem-Based 
Approach To Assessing the Conservation Status of the 49 Species in the 
Hawaiian Islands;
     For detailed descriptions of the species and their 
taxonomy, see Description of the 49 Hawaiian Islands Species.

Hawaiian Islands Species Addressed in This Final Rule

    Table 1A (plants) and Table 1B (animals), below, provide the common 
name, scientific name, and range (by Hawaiian Island) for the 49 
species addressed in this final rule.

              Table 1A--Plant Species Listed as Endangered
------------------------------------------------------------------------
        Scientific name            Common name        Hawaiian Island
------------------------------------------------------------------------
            Plants
Asplenium diellaciniatum......  No common name     Kauai.
                                 (NCN).
Calamagrostis expansa.........  Maui reedgrass...  Hawaii, Maui.
Cyanea kauaulaensis...........  NCN..............  Maui.
Cyclosorus boydiae............  kupukupu makalii.  Hawaii (H), Maui,
                                                    Oahu.
Cyperus neokunthianus.........  NCN..............  Maui (H).
Cyrtandra hematos.............  haiwale..........  Molokai.
Deparia kaalaana..............  NCN..............  Hawaii (H), Maui,
                                                    Kauai (H).
Dryopteris glabra var. pusilla  hohiu............  Kauai.
Exocarpos menziesii...........  heau.............  Hawaii, Lanai (H).
Festuca hawaiiensis...........  NCN..............  Hawaii, Maui (H).
Gardenia remyi................  nanu.............  Hawaii, Maui,
                                                    Molokai, Kauai.
Huperzia stemmermanniae.......  NCN..............  Hawaii, Maui (H).
Hypolepis hawaiiensis var.      olua.............  Maui.
 mauiensis.
Joinvillea ascendens ssp.       ohe..............  Hawaii, Maui,
 ascendens.                                         Molokai, Oahu,
                                                    Kauai.
Kadua fluviatilis.............  kamapuaa.........  Oahu, Kauai.
Kadua haupuensis..............  NCN..............  Kauai (H).
Labordia lorenciana...........  NCN..............  Kauai.
Lepidium orbiculare...........  anaunau..........  Kauai.
Microlepia strigosa var.        NCN..............  Hawaii, Maui, Oahu.
 mauiensis.
Myrsine fosbergii.............  kolea............  Oahu, Kauai.
Nothocestrum latifolium.......  aiea.............  Maui, Lanai (H),
                                                    Molokai, Oahu, Kauai
                                                    (H).
Ochrosia haleakalae...........  holei............  Hawaii, Maui.
Phyllostegia brevidens........  NCN..............  Hawaii, Maui.
Phyllostegia helleri..........  NCN..............  Kauai.
Phyllostegia stachyoides......  NCN..............  Hawaii (H), Maui,
                                                    Molokai.
Portulaca villosa.............  ihi..............  Hawaii, Maui,
                                                    Kahoolawe, Lanai
                                                    (H), Molokai, Oahu
                                                    (H), Kaula (H),
                                                    Lehua (H), Nihoa
                                                    (H).
Pritchardia bakeri............  Baker's loulu....  Oahu.
Pseudognaphalium sandwicensium  enaena...........  Maui, Lanai (H),
 var. molokaiense.                                  Molokai, Oahu (H).
Ranunculus hawaiensis.........  makou............  Hawaii, Maui (H).
Ranunculus mauiensis..........  makou............  Hawaii (H), Maui,
                                                    Molokai (H), Oahu
                                                    (H), Kauai.
Sanicula sandwicensis.........  NCN..............  Hawaii, Maui.
Santalum involutum............  iliahi...........  Kauai.
Schiedea diffusa ssp. diffusa.  NCN..............  Maui, Molokai (H).
Schiedea pubescens............  maolioli.........  Maui, Lanai (H),
                                                    Molokai.
Sicyos lanceoloideus..........  anunu............  Oahu, Kauai.
Sicyos macrophyllus...........  anunu............  Hawaii, Maui (H).
Solanum nelsonii..............  popolo...........  Hawaii, Maui (H),
                                                    Molokai, Niihau (H),
                                                    Pearl & Hermes,
                                                    Kure, Midway,
                                                    Laysan, Nihoa.
Stenogyne kaalae ssp. sherffii  NCN..............  Oahu (H).

[[Page 67792]]

 
Wikstroemia skottsbergiana....  akia.............  Kauai.
------------------------------------------------------------------------
(H) = historically known from island, but not observed in the past 20
  years.


              Table 1B--Animal Species Listed as Endangered
------------------------------------------------------------------------
          Common name            Scientific name      Hawaiian Island
------------------------------------------------------------------------
            Animals
Band-rumped storm-petrel......  Oceanodroma        Hawaii, Maui,
                                 castro.            Kahoolawe, Lanai,
                                                    Molokai (H), Oahu
                                                    (H), Kauai, Lehua.
Yellow-faced bee..............  Hylaeus            Hawaii, Maui,
                                 anthracinus.       Kahoolawe, Lanai
                                                    (H), Molokai, Oahu.
Yellow-faced bee..............  Hylaeus            Maui, Kahoolawe,
                                 assimulans.        Lanai, Oahu (H).
Yellow-faced bee..............  Hylaeus facilis..  Maui (H), Lanai (H),
                                                    Molokai, Oahu.
Yellow-faced bee..............  Hylaeus hilaris..  Maui (H), Lanai (H),
                                                    Molokai.
Yellow-faced bee..............  Hylaeus kuakea...  Oahu.
Yellow-faced bee..............  Hylaeus longiceps  Maui, Lanai, Molokai,
                                                    Oahu.
Yellow-faced bee..............  Hylaeus mana.....  Oahu.
Orangeblack Hawaiian damselfly  Megalagrion        Hawaii, Maui, Lanai,
                                 xanthomelas.       Molokai, Oahu, Kauai
                                                    (H).
Anchialine pool shrimp........  Procaris hawaiana  Hawaii, Maui.
------------------------------------------------------------------------
(H) = Historically known from the island, but not observed in the last
  20 years.

Summary of Biological Status of the 49 Hawaiian Islands Species

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any one of the 
factors listed in section 4(a)(1). We summarize, below, the biological 
condition of, and factors affecting, each of the 49 species and 
determine whether each species is endangered or threatened. The 
summaries below include only brief lists of factors affecting each 
species. Each of these factors is fully considered, in detail, in the 
subsequent section, Summary of Factors Affecting the 49 Species From 
the Hawaiian Islands.

Climate Change Vulnerability Assessment for the Hawaiian Plants

    Twenty-seven of the plant species described below were evaluated 
for their vulnerability to climate change as part of a comprehensive 
vulnerability analysis of native Hawaiian plants, as indicated in Table 
2 (Fortini et al. 2013, 134 pp.). This analysis used ``climate 
envelopes'' (geographic ranges encompassing suitable climate for each 
species, as defined by temperature and moisture (Fortini et al. 2013, 
p. 17)) developed from field records by Price et al. (2012) to project 
each species' potential range in the year 2100. The location and 
spatial extent of these future ranges, and their overlap with current 
ranges, allows calculation of a vulnerability score. Estimates of 
vulnerability based on climate-envelope modeling are conservative in 
that they do not take into account potential changes in interspecific 
interactions such as predation, disease, pollination, or competition. 
This study provides a landscape- or island-scale picture of potential 
climate-change vulnerability of Hawaiian plants; the results are less 
clear at finer spatial scales (Fortini et al. 2013, p. 42). However, 
all 27 of these plant species scored moderately or extremely vulnerable 
in the analysis because of their relative inability to exhibit the 
possible responses necessary for persistence under projected climate 
change (Fortini et al. 2013, 134 pp.). These responses include the 
migration response (dispersal and establishment in new areas beyond 
their current distribution), the microrefugia response (persistence in 
topographically complex areas that are less exposed), evolutionary 
adaptation response (morphological changes in response to the changing 
environment), and toleration response (adaptation to environmental 
changes through phenotypic plasticity). In the study, response 
probabilities ranged from 0 (not vulnerable at all) to 1.0 (extremely 
vulnerable; species likely to disappear or ``wink out'' by the year 
2100) (Fortini et al. 2013, pp. 6-7). Many species found to be 
moderately vulnerable in this study, with scores of 0.5 or greater, 
already are listed as endangered; some already are extinct (Fortini et 
al. 2013, pp. 24, 93). Therefore, because the species in this rule were 
found by the Fortini et al. (2013) study to be moderately (0.5) to 
extremely (1.0) vulnerable, we deem the likelihood of their persistence 
to be low with the impacts of climate change in addition to other 
threats these species face. The environmental changes associated with 
climate change are likely to exacerbate these ongoing threats and 
further reduce the likelihood that these species will persist in the 
future.

Plants

    Asplenium diellaciniatum (no common name, NCN), a terrestrial or 
epipetric (growing on rocks) fern in the spleenwort family 
(Aspleniaceae), is endemic to Kauai (Palmer 2003, p. 117). Little is 
known of the historical distribution of this species. It was described 
from a collection from ``Halemanu,'' the Knudsen homestead area on 
western Kauai. Currently, this fern is found in montane mesic forest at 
Kawaiiki and Kaluahaulu Ridge (Palmer 2003, p. 117; HBMP 2010; Lorence 
et al. 2013, p. 167) in 3 occurrences, totaling approximately 100 
individuals, 30 of which are in an ungulate exclosure (TNCH 2007; HBMP 
2010; Lorence et al. 2013, p. 167; Wood 2013, in litt.; Plant 
Extinction Prevention Program (PEPP) 2014, pp. 33, 59; Kishida 2015, in 
litt.; Williams 2015, in litt.).
    Feral pigs (Sus scrofa), goats (Capra hircus), and black-tailed 
deer (Odocoileus hemionus columbianus) modify and destroy the habitat 
of Asplenium diellaciniatum on Kauai, with evidence of the activities 
of these animals reported in the areas where A. diellaciniatum occurs 
(Service 1999, p. 72; HBMP 2010). Feral pigs, goats, and black-tailed 
deer also forage on A. diellaciniatum. Ungulates are managed in Hawaii 
as game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt; Hawaii 
Administrative

[[Page 67793]]

Rule-Hawaii Department of Land and Natural Resources (HAR-DLNR) 2010, 
in litt.). Nonnative plants, such as Adiantum hispidulum (rough 
maidenhair fern), Blechnum appendiculatum (no common name), Erigeron 
karvinskianus (daisy fleabane), and Rubus argutus (prickly Florida 
blackberry), compete with A. diellaciniatum, modify and destroy native 
habitat, and displace native plant species by competing for water, 
nutrients, light, and space; they may also produce chemicals that 
inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek et 
al. 1987 in Cuddihy and Stone 1990, p. 74; Williams 2015, in litt.). 
Additionally, the small number of individuals of A. diellaciniatum 
limits this species' ability to adapt to environmental change.
    The remaining occurrences of Asplenium diellaciniatum are at risk; 
A. diellaciniatum numbers are decreasing on Kauai, and both the species 
and its habitat continue to be negatively affected by destruction and 
modification by ungulates and by direct competition by nonnative 
plants, combined with herbivory by nonnative ungulates. Because of the 
threats described above, we find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Calamagrostis expansa (Maui reedgrass), a perennial in the grass 
family (Poaceae), is known from the islands of Maui and Hawaii 
(O'Connor 1999, p. 1509; Wagner and Herbst 2003, p. 59). Historically, 
C. expansa was known from wet forest, open bogs, and bog margins on 
Maui at 17 locations on east Maui, and in a large occurrence covering 
nearly the entire summit on west Maui, and was discovered in 7 
occurrences totaling approximately 750 individuals on the island of 
Hawaii in 1995 (O'Connor 1999, p. 1509; HBMP 2010; Smithsonian National 
Museum of Natural History (NMNH) Botany Collections 2014, in litt.; 
Vetter 2015, in litt.). Currently, this species is known from 13 to 33 
occurrences totaling fewer than 750 individuals. This species is 
rhizomatous (growing from underground stems), making it difficult to 
determine exact numbers of distinct individuals and populations, and 
botanists' estimations vary. On the island of Maui, there are 2 
occurrences in the west Maui Mountains (approximately 100 individuals) 
and from 7 to as many as 40 occurrences in the east Maui Mountains 
(totaling at least 200 individuals), often along ridges above 6,000 
feet (ft) (1,830 meters (m)), or on raised hummocks in wet forest and 
bogs, in the montane wet ecosystem (Wood 2005a, in litt.; TNCH 2007; 
Welton 2008 and 2010, in litt.; Fay 2010, in litt.; HBMP 2010; 
Oppenheimer 2010, in litt.; Agorastos 2011, in litt.; Vetter 2015, in 
litt.). Most of the east Maui occurrences are in exclosures (Duvall 
2015, in litt.). On the island of Hawaii, there are 3 occurrences in 
the Kohala Mountains (totaling several hundred individuals) and 1 
occurrence of 6 individuals last observed in 2004 in Upper Waiakea 
Forest Reserve, in the montane wet ecosystem (Perry 2006, in litt; TNCH 
2007; HBMP 2010; Perry 2015, in litt.).
    Feral pigs modify and destroy the habitat of Calamagrostis expansa 
on Maui and Hawaii, with evidence of the activities of feral pigs 
reported in the areas where C. expansa occurs on east Maui, and on 
Hawaii Island in the Kohala Mountains and in the Waiakea Forest Reserve 
(Hobdy 1996, in litt.; Perlman 1996, in litt.; Wood 1996, in litt.; 
Perry 2006, in litt.; HBMP 2010). Some occurrences on east and west 
Maui are currently fenced; however, ungulate and weed control 
activities must be maintained to provide continued protection (Duvall 
2015, in litt.). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). Rats 
have been noted by biologists as a threat to C. expansa at Laupahoehoe 
Natural Area Reserve (NAR) on Hawaii Island, by consuming seeds (HBMP 
2010). Nonnative plants compete with this species and modify and 
destroy native habitat, negatively affecting C. expansa on east and 
west Maui and Hawaii Island. Additionally, the small number of 
individuals limits this species' ability to adapt to environmental 
change. Fortini et al. (2013, p. 68) found that, as environmental 
conditions are altered by climate change, C. expansa is unlikely to 
tolerate or adapt to projected changes in temperature and moisture, and 
is unlikely to be able to move to areas with more suitable climatic 
conditions. Although we cannot predict the timing, extent, or magnitude 
of specific impacts, we do expect the effects of climate change to 
exacerbate the threats to C. expansa described above (see ``Climate 
Change'' under Factor E. Other Natural or Manmade Factors Affecting 
Their Continued Existence, below).
    The remaining occurrences of Calamagrostis expansa are at risk; C. 
expansa populations are decreasing on Maui and Hawaii Island, and this 
species continues to be negatively affected by habitat modification and 
destruction by feral pigs, and by direct competition from nonnative 
plants, combined with herbivory by feral pigs and rats. This species is 
vulnerable to the effects of climate change, and the likelihood of its 
persistence with the impacts of climate change, exacerbated by the 
ongoing threats, is low. We find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Cyanea kauaulaensis (NCN), a shrub in the bellflower family 
(Campanulaceae), is endemic to Maui (Oppenheimer and Lorence 2012, p. 
15). Cyanea kauaulaensis occurs on leeward west Maui, on talus or 
basalt boulder-strewn slopes along perennial streams from 2,400 to 
3,000 ft (730 to 900 m), in the lowland wet ecosystem (TNCH 2007; HBMP 
2010; Oppenheimer and Lorence 2012, pp. 17-18). This species was first 
collected during a botanical survey in 1989. Further surveys (in 2008, 
2009, and 2011) revealed more individuals, and study of the collections 
indicated that it was a new species of Cyanea. Currently, C. 
kauaulaensis is known from Kauaula Valley (approximately 100 
individuals) (Oppenheimer and Lorence 2012, pp. 15-16, 20; Duvall 2015, 
in litt.; Oppenheimer 2015, in litt.).
    The greatest threats to this species currently are the low numbers 
of occurrences and individuals, its limited range, poor seedling 
recruitment, and loss of pollinators and dispersal agents (Oppenheimer 
and Lorence 2012, pp. 20-21; Duvall 2015, in litt.). Rats and slugs are 
noted as a threat to Cyanea kauaulaensis because of their herbivory and 
seed predation. Additionally, nonnative plants modify and destroy 
native habitat and outcompete native species, negatively affecting C. 
kauaulaensis and its habitat. Although feral ungulates are present on 
west Maui, the known occurrences of C. kauaulaensis may be less at risk 
from this particular threat because of their location in extremely 
steep and rugged terrain; however, erosion, landslides, flooding, and 
drying due to climate change affect this species because of the terrain 
where it occurs (Oppenheimer and Lorence 2012, pp. 20-21; Duvall 2015, 
in litt.). The remaining occurrence of Cyanea kauaulaensis is at risk. 
Because of the threats described above, we find that this species is 
endangered throughout all of its range, and,

[[Page 67794]]

therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Cyclosorus boydiae (previously Christella boydiae) (kupukupu 
makalii) is a small to medium-sized member of the thelypteroid fern 
family (Thelypteridaceae) (Pukui and Elbert 1986, p. 186; Palmer 2003, 
pp. 87-88). Typical habitat for C. boydiae is exposed, rocky, or moss-
covered banks of stream courses in dense-wet Metrosideros-Acacia (ohia-
koa) forest, from 2,300 to 4,400 ft (700 to 1,350 m), with other native 
ferns, grasses, and dwarfed woody species, in the lowland wet and 
montane wet ecosystems (Hillebrand 1888, p. 572; Medeiros et al. 1993, 
p. 87; Wagner (W.H.) et al. 1999, p. 156; TNCH 2007; HBMP 2010; Gates 
2015, in litt.). Historically, this fern was known from near sea level 
to 4,400 ft (1,350 m) on Oahu, Maui, and Hawaii Island (Hillebrand 
1888, p. 572; Medeiros et al. 1993, pp. 86-87; Palmer 2003, pp. 87-88). 
Currently, C. boydiae is found on Oahu and east Maui, in 13 occurrences 
totaling approximately 400 individuals (Palmer 2003, pp. 87-88; 
Oppenheimer 2008, in litt.; Fay 2010, in litt.; HBMP 2010; Welton 2010, 
in litt.). On east Maui, there are at least 11 occurrences (over 1,000 
individuals) in the lowland wet and montane wet ecosystems, and on Oahu 
there are 2 occurrences in the Koolau Mountains in the montane wet 
ecosystem, totaling 40 individuals, and one historic occurrence in 
Kaluanui Drainage, but the status of the species at this location is 
currently unknown (Palmer 2003, pp. 87-88; Wood 2007a, in litt.; Kam 
2008, in litt.; Oppenheimer 2008 and 2010, in litt.; HBMP 2010; Welton 
2010, in litt.; Ching 2011, in litt.; Ching Harbin 2015, in litt.; 
Oppenheimer 2015, in litt.). The historical occurrence of C. boydiae on 
the island of Hawaii was found in the lowland wet ecosystem (HBMP 
2010).
    Feral pigs modify and destroy the habitat of Cyclosorus boydiae on 
Maui and Oahu, with evidence of their activities reported at three 
occurrences of C. boydiae on east Maui and at two occurrences on Oahu. 
However, on east Maui, two of the five occurrences are provided 
protection in Haleakala National Park (Wood 2007a, in litt.; HBMP 2010; 
Kawelo 2011, in litt.). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Historical occurrences of C. boydiae on Oahu have 
dramatically declined in numbers or disappeared as a result of habitat 
modification and destruction, landslides and flooding, invasion of 
lower elevation stream courses by nonnative plants, and manmade stream 
diversions (Medeiros et al. 1993, p. 88; Palmer 2003, p. 88). Nonnative 
plants, such as Tibouchina herbacea (glorybush), modify and destroy 
native habitat of. C. boydiae and outcompete this and other native 
species for water, nutrients, light, and space (Smith 1985, pp. 180-
250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74). Herbivory 
by feral pigs negatively impacts this species (HBMP 2010). This species 
occurs on stream banks at or just above water level, and flash floods 
or drought can damage and destroy it (Ching Harbin 2015, in litt.). 
Fortini et al. (2013, p. 72) found that, as environmental conditions 
are altered by climate change, C. boydiae is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to C. boydiae described above.
    The remaining occurrences of Cyclosorus boydiae are at risk; C. 
boydiae populations are decreasing on Oahu and Maui, and the species 
continues to be negatively affected by habitat loss and destruction by 
ungulates, direct competition with nonnative plants, and herbivory by 
ungulates. Flash floods and drought can damage and destroy this 
species. The effects of climate change are likely to further exacerbate 
these threats. Because of the threats describe above, we find that this 
species is endangered throughout all of its range, and, therefore, find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Cyperus neokunthianus (NCN) is a perennial plant in the sedge 
family (Cyperaceae) (Koyama 1999, p. 1420). Cyperus neokunthianus 
occurs in riparian areas of the lowland wet ecosystem on west Maui 
(Koyama 1999, p. 1420; TNCH 2007; HBMP 2010). Historically, this 
species was known from Honokohau Falls and Waihee Valley (HBMP 2010; 
Global Biodiversity Information Facility (GBIF) database 2014, in 
litt.). This species was last observed in 1996. Currently, there are no 
known individuals in the wild; however, Waihee Valley and Maui County 
lands have been suggested as potential habitat for further surveys 
(PEPP 2013, p. 32; PEPP 2014, p. 59; Duvall 2015, in litt.).
    Feral pigs modify and destroy the habitat of Cyperus neokunthianus 
on west Maui, with evidence of the activities of feral pigs reported in 
the area where this species was last observed (HBMP 2010). Habitat 
modifications resulting from activities of feral pigs that affect C. 
neokunthianus include direct destruction of this species and other 
native plants, disruption of topsoil leading to erosion, and 
establishment and spread of nonnative plants. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Additionally, nonnative plants modify 
and destroy native habitat and outcompete native species, also 
negatively affecting habitat of C. neokunthianus on west Maui. 
Currently, there are no known extant individuals, and low numbers makes 
this species more vulnerable to extinction because of the higher risks 
from genetic bottlenecks, random demographic fluctuations, and 
localized catastrophes.
    Cyperus neokunthianus is at risk and continues to be negatively 
affected by modification and destruction by nonnative animals and 
plants (Duvall 2015, in litt.). Because of the threats described above, 
we find that this species is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Cyrtandra hematos (haiwale), a shrub in the African violet family 
(Gesneriaceae), is endemic to Molokai (Wagner et al. 1999, pp. 760, 
762). Cyrtandra hematos occurs in wet forest from 3,400 to 3,800 ft 
(1,030 to 1,150 m) on eastern Molokai, in the montane wet ecosystem 
(Wagner et al. 1999, pp. 760, 762; HBMP 2010; TNCH 2007). Historically, 
this species was known from four locations on Molokai (Wagner et al. 
1999, pp. 760, 762). Currently, there are fewer than 100 individuals at 
two locations on Molokai (Duvall 2015, in litt.; Oppenheimer 2015, in 
litt.).
    Feral pigs and goats modify and destroy the habitat of Cyrtandra 
hematos on Molokai, with evidence of the activities of these animals 
reported in the areas where this species occurs (Service 2015, in 
litt.). Ungulates are managed in Hawaii as game animals, but public 
hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and

[[Page 67795]]

destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Additionally, nonnative plants modify 
and destroy native habitat and outcompete this and other native species 
for water, nutrients, light, and space, or a nonnative plant may 
produce chemicals that inhibit growth of other plants (Smith 1985, pp. 
180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; Service 
2015, in litt.). This species experiences reduced reproductive vigor 
due to low numbers and lack of regeneration, leading to diminished 
capacity to adapt to environmental changes, and thereby lessening the 
probability of long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361). This species hybridizes with C. 
grayana (Oppenheimer 2015, in litt.). Fortini et al. (2013, p. 72) 
found that, as environmental conditions are altered by climate change, 
C. hematos is unlikely to tolerate or adapt to projected changes in 
temperature and moisture, and is unlikely to be able to move to areas 
with more suitable climatic conditions. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to C. hematos 
described above.
    The remaining occurrences of Cyrtandra hematos are at risk. The 
known individuals are restricted to a small area on Molokai and 
continue to be negatively affected by habitat modification and 
destruction by ungulates and nonnative plants, and by direct 
competition with nonnative plants. The low number of remaining 
individuals limits this species' ability to adapt to environmental 
changes. Hybridization results in a reduction of the numbers of C. 
hematos. The effects of climate change are likely to further exacerbate 
these threats. We find that this species is endangered throughout all 
of its range, and, therefore, find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Deparia kaalaana (NCN), a small, terrestrial fern in the ladyfern 
family (Athyriaceae), is recognized as a distinct taxon by Palmer 
(2003, pp. 109-111) and Christenhusz et al. (2012, p. 16). This fern is 
historically known from the islands of Kauai, Maui, and Hawaii, on 
rocky stream banks and in wet forest, in the lowland mesic and lowland 
wet ecosystems (Palmer 2003, pp. 109-111; TNCH 2007; HBMP 2010; 
Oppenheimer and Bustamente 2014, p. 103; PEPP 2014, p. 95). Deparia 
kaalaana was presumed extinct on all three islands where it previously 
occurred until one individual was discovered on east Maui, growing 
along a perennial stream on the western side of a small pool with other 
native ferns and herbaceous plants (Oppenheimer and Bustamente 2014, 
pp. 103-107; PEPP 2014, p. 95).
    Feral pigs modify and destroy habitat of Deparia kaalaana by 
facilitating the spread of nonnative plants, which converts vegetation 
communities from native to nonnative (Cuddihy and Stone 1990, p. 63; 
Oppenheimer and Bustamente 2014, p. 106). Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt; HAR-DLNR 2010, in litt.). Nonnative plants, such as Blechnum 
appendiculatum (NCN), Clidemia hirta (Koster's curse), Hedychium 
gardnerianum (kahili ginger), Prunella vulgaris (selfheal), and Rubus 
argutus, are capable of displacing all of the riparian habitat 
elements, including native plants, in the area where D. kaalaana 
occurs. Nonnative slugs such as Derocerus laeve and Limax maximus are 
common in the area and can consume young plants (Joe and Daehler 2008, 
pp. 252-253). Flash floods and drought can damage and destroy this 
species at its only known location. A single catastrophic event may 
result in extirpation of the remaining individual.
    The remaining occurrence of Deparia kaalaana is at risk, and both 
the species and its habitat on Hawaii, Maui, and Kauai continues to be 
negatively affected by modification and destruction by nonnative 
ungulates, and by direct competition with nonnative plants, combined 
with herbivory by nonnative ungulates and slugs. Although we cannot 
predict the timing, extent, or magnitude of specific impacts, we do 
expect the effects of climate change to exacerbate the threats to D. 
kaalaana described above. We find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Dryopteris glabra var. pusilla (hohiu) is a small, terrestrial fern 
in the wood fern family (Dryopteridaceae) (Palmer 2003, p. 144). 
Habitat for D. glabra var. pusilla is deep shade on rocky, mossy 
streambanks in wet forest at about 4,000 ft (1,200 m), in the montane 
wet ecosystem on Kauai (Palmer 2003, p. 144; TNCH 2007; HBMP 2010). 
Historically, D. glabra var. pusilla was known from the Kawaikoi stream 
area (HBMP 2010). Currently, this variety is known from fewer than 250 
individuals in the Alakai Wilderness Preserve on Kauai (National 
Tropical Botanical Garden (NTBG) Herbarium Database 1995, in litt.; 
HBMP 2010; Wood 2015, in litt.).
    Dryopteris glabra var. pusilla is at risk from habitat modification 
and destruction by nonnative plants, feral pigs, and black-tailed deer 
(Wood 2015, in litt.). Most individuals occur in the Alakai Wilderness 
Preserve; however, only portions of the Preserve are fenced to prevent 
ungulate incursion. Ungulates are managed in Hawaii as game animals, 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants modify and destroy native habitat and outcompete this 
and other native species for water, nutrients, light, and space, or a 
nonnative plant may produce chemicals that inhibit growth of other 
plants, also negatively affecting habitat of D. glabra var. pusilla 
(Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 
1990, p. 74). Herbivory by rats and slugs is a threat to D. glabra var. 
pusilla (Wood 2015, in litt.). In addition, the limited number of 
occurrences and few individuals lead to a diminished capacity to adapt 
to environmental changes, thereby lessening the probability of long-
term persistence, and a single catastrophic event may result in 
extirpation of remaining occurrences. Landslides along streambanks have 
been known to destroy populations of this fern (Wood 2015, in litt.).
    Fortini et al. (2013, p. 74) found that, as environmental 
conditions are altered by climate change, D. glabra var. pusilla is 
unlikely to tolerate or adapt to projected changes in temperature and 
moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to D. glabra var. pusilla 
described above. Because of these threats, we find that this variety is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Exocarpos menziesii (heau) is a shrub in the sandalwood family 
(Santalaceae) (Wagner et al. 1999, p. 1218). This species occurs in 
Metrosideros shrubland or drier forest areas, and on lava flows with 
sparse vegetation, from 4,600 to 6,900 ft (1,400 to 2,100 m), in the 
montane dry ecosystem on the island of Hawaii (Wagner et al. 1999, p.

[[Page 67796]]

1218; TNCH 2007), and historically occurred in the lowland mesic (Lanai 
and Hawaii Island) and montane mesic ecosystems (Hawaii Island) (TNCH 
2007; Bishop Museum 2014). Exocarpos menziesii is historically known 
from the island of Lanai and was wide-spread on the island of Hawaii 
(Wagner et al. 1999, p. 1218; TNCH 2007; Bishop Museum 2014). 
Currently, there are seven scattered occurrences on Hawaii Island, six 
of which consist of only a few individuals, the seventh totals an 
estimated 1,800 individuals (PEPP 2013, pp. 10, 33; Thomas 2014, in 
litt.; Evans 2015a, in litt.; Orlando 2015, in litt.; Perry 2015, in 
litt.). There are no currently known occurrences of this species on 
Lanai.
    Feral goats, mouflon, and sheep modify and destroy the habitat of 
Exocarpos menziesii on Hawaii Island, and may forage on this species, 
with evidence of the activities of these animals reported in the areas 
where this species occurs (Service 2015, in litt.). Ungulates are 
managed in Hawaii as game animals, but public hunting does not 
adequately control the numbers of ungulates to eliminate habitat 
modification and destruction or herbivory by these animals (Anderson et 
al. 2007, in litt; HAR-DLNR 2010, in litt.). Feral ungulate management 
is incorporated into the U.S. Army's Pohakuloa Training Area (PTA) 
management plan, and plants at PTA may be provided some protection 
within fenced management units in the training area (Evans 2015a, in 
litt.); however, it is reported that feral goats are still being 
removed from within the fenced area (Nadig 2015, in litt.). Any 
individuals of E. menziesii outside of fenced exclosures or outside of 
the managed area are at risk. Additionally, nonnative plants modify and 
destroy native habitat and outcompete this and other native species for 
water, nutrients, light, and space, or a nonnative plant may produce 
chemicals that inhibit growth of other plants, also negatively 
affecting habitat of E. menziesii (Smith 1985, pp. 180-250; Vitousek et 
al. 1987 in Cuddihy and Stone 1990, p. 74). Occurrences and numbers of 
individuals have declined on the island of Hawaii (HBMP 2010; Thomas 
2014, in litt.), where E. menziesii was once widely distributed from 
the south to the west sides of the island, and are now restricted to 
seven locations. Consequently, E. menziesii experiences reduced 
reproductive vigor due to reduced levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, 
thereby reducing the probability of long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fire is a likely 
threat to this species; although the U.S. Army has constructed 
firebreaks and has standard operating procedures (SOPs) in place for 
prevention and suppression of wildfires at the PTA, wildfires may 
encroach from other areas (U.S. Army Garrison 2013, in litt.). The 
small number of individuals outside the larger occurrence at the PTA 
limits this species' ability to adapt to environmental changes. Fortini 
et al. (2013, p. 76) found that, as environmental conditions are 
altered by climate change, E. menziesii is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to E. menziesii described above.
    The remaining occurrences of Exocarpos menziesii are at risk from 
modification and destruction by feral goats, mouflon, and sheep; from 
herbivory by these ungulates; and by the small number of remaining 
occurrences. Fire is a likely threat to this species. The effects of 
climate change are likely to exacerbate these threats. Because of these 
threats, we find that this species is endangered throughout all of its 
range, and, therefore, find that it is unnecessary to analyze whether 
it is endangered or threatened in a significant portion of its range.
    Festuca hawaiiensis (NCN) is a cespitose (growing in tufts or 
clumps) annual in the grass family (Poaceae) (O'Connor 1999, p. 1547). 
Typical habitat for this species is dry forest at 6,500 ft (2,000 m), 
in the montane dry ecosystem (O'Connor 1999, p. 1547). Historically, F. 
hawaiiensis occurred at Hualalai and Puu Huluhulu on the island of 
Hawaii, and possibly at Ulupalakua on Maui; however, it is no longer 
found at these sites (O'Connor 1999, p. 1547). Currently, F. 
hawaiiensis is only known from the U.S. Army's PTA on the island of 
Hawaii (HBMP 2010). These remaining four occurrences are within an area 
of less than 10 square miles (mi) (26 square kilometers (km)) and total 
approximately 1,500 individuals (U.S. Army Garrison 2013, in litt.; 
Evans 2015a, in litt.).
    Habitat destruction and modification by feral goats and sheep is a 
threat to Festuca hawaiiensis. These ungulates also browse on native 
plants such as grasses, including F. hawaiiensis. Ungulates are managed 
in Hawaii as game animals, but public hunting does not adequately 
control the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Feral ungulate management is 
incorporated into the U.S. Army's PTA management plan, and these plants 
are provided some protection within fenced management units in the 
training area (Evans 2015a, in litt.); however, feral goats are still 
being removed from inside the fenced area (Nadig 2015, in litt.). In 
addition, any individuals of F. hawaiiensis outside of fenced 
exclosures or outside of the managed area are at risk. Nonnative 
plants, such as Cenchrus setaceus (Pennisetum setaceum; fountain 
grass), are naturalized in the area and outcompete F. hawaiiensis and 
other native plants. Occurrences and numbers of individuals are 
declining on the island of Hawaii, and F. hawaiiensis experiences 
reduced reproductive vigor due to reduced levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby reducing the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; HBMP 
2010). Fire is a likely threat to this species, especially because of 
the ingress of nonnative grass species. Although the U.S. Army has 
constructed firebreaks and has SOPs in place for prevention and 
suppression of wildfires at the PTA, fires may encroach from other 
areas, exacerbated by fuel loads provided by nonnative grasses (U.S. 
Army Garrison 2013, in litt.). Fortini et al. (2013, p. 76) found that, 
as environmental conditions are altered by climate change, F. 
hawaiiensis is unlikely to tolerate or adapt to projected changes in 
temperature and moisture, and is unlikely to be able to move to areas 
with more suitable climatic conditions. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to F. hawaiiensis 
described above.
    The remaining occurrences of Festuca hawaiiensis are at risk; F. 
hawaiiensis occurrences have decreased on Hawaii Island, as it no 
longer occurs at Hualalai and Puu Huluhulu, and the species may be 
extirpated from Maui. This species continues to be negatively affected 
by habitat modification and destruction by ungulates and by direct 
competition with nonnative plants, combined with herbivory by 
ungulates. Fire is a likely threat to the species and its habitat. The 
effects of climate change are likely to further exacerbate these 
threats. Because

[[Page 67797]]

of the threats described above, we find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Gardenia remyi (nanu) is a tree in the coffee family (Rubiaceae) 
(Wagner et al. 1999, p. 1133). Typical habitat for G. remyi is mesic to 
wet forest from 190 to 3,000 ft (60 to 760 m), in the lowland mesic 
(Kauai, Molokai, and Hawaii Island) and lowland wet ecosystems (Kauai, 
Molokai, Maui, and Hawaii Island) (Wagner et al. 1999, p. 1133; TNCH 
2007; HBMP 2010; Oppenheimer 2015, in litt.). Historically, this 
species was found on the island of Hawaii at Wao Kele O Puna NAR, 
Waiakea Forest Reserve, Pahoa, and Hakalau Nui. On Maui, this species 
was known from Wailuaiki and Waikamoi in the Koolau Forest Reserve, and 
from Papaaea and Kipahulu. On Molokai, this species was known from 
Keopukaloa, Pukoo, Honomuni, Halawa, and Kaluaaha (HBMP 2010). On 
Kauai, this species ranged across the island, and was known from 
Halelea, Kealia, Moloaa, and Lihue-Koloa Forest Reserves, including 
Hanakapiai Valley, Mahaulepu, and east Wahiawa Bog. Currently, G. remyi 
is known from 16 occurrences totaling approximately 90 individuals on 
the islands of Hawaii, Maui, Molokai, and Kauai (Wood 2005b, in litt.; 
Oppenheimer 2006, in litt; Perry 2006, in litt.; Welton 2008, in litt.; 
Agorastos 2010, in litt.; HBMP 2010; Perlman 2010, in litt.). An 
occurrence on east Maui has been observed to decline from 14 
individuals in 1992, to only 1 individual by 2015 (Duvall 2015, in 
litt.).
    Habitat modification and destruction by feral pigs, goats, and axis 
deer negatively affects Gardenia remyi and areas suitable for its 
reintroduction (Perry, in litt. 2006; PEPP 2008, p. 102; HBMP 2010). 
Feral pigs and signs of their activities have been reported at 
occurrences of G. remyi on the island of Hawaii, on Kauai, on east and 
west Maui, and on Molokai. Goats and signs of their activities are 
reported at the occurrences G. remyi on Kauai and Molokai. Axis deer 
and signs of their activities are reported at the occurrences of G. 
remyi on Molokai (HBMP 2010). Herbivory by these ungulates is a threat 
to G. remyi, as they browse on leaves and other parts of almost any 
woody or fleshy plant species. Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Clidemia hirta, Hedychium 
gardnerianum, Psidium cattleianum (strawberry guava), and Tibouchina 
herbacea on Hawaii Island (Perry 2006, in litt.); Lantana camara 
(lantana), Psidium guajava, and Rubus argutus on Kauai (Wood 2004, in 
litt.); Ageratina adenophora (Maui pamakani), Rubus rosifolius 
(thimbleberry), and T. herbacea on Maui (HBMP 2010); and C. hirta and 
P. cattleianum on Molokai (HBMP 2010), modify and destroy native 
habitat of G. remyi and outcompete this and other native plants for 
water, nutrients, light, and space in areas where G. remyi occurs on 
these islands. Landslides are a threat to occurrences and habitat of G. 
remyi on Hawaii Island (Perry 2006, in litt.). Lack of pollination was 
suggested as the cause for abortion of immature fruits that were seen 
among plants on Hawaii Island (PEPP 2010, p. 73). Similarly, Agorastos 
(2011, in litt.) reported no viable seed production in the wild or 
within ex situ collections and no recruitment in the wild among the 14 
individuals observed on the island of Hawaii, Maui, and Molokai, for 
unknown reasons (Duvall 2015, in litt.; Oppenheimer 2015, in litt.). 
Some species of Gardenia are dioecious (male and female flowers on 
separate plants) and although the breeding system of G. remyi is 
currently unknown, this may be a cause of failure to produce viable 
seed in isolated individuals (Lorence 2015, in litt.). Predation of 
seeds by rats is reported as a threat to individuals on Kauai (NTBG 
2008, in litt.). Fortini et al. (2013, p. 76) found that, as 
environmental conditions are altered by climate change, G. remyi is 
unlikely to tolerate or adapt to projected changes in temperature and 
moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to G. remyi described above.
    The remaining occurrences of Gardenia remyi are at risk. Gardenia 
remyi continues to be negatively affected by habitat modification and 
destruction by ungulates, and by direct competition from nonnative 
plants, combined with herbivory by ungulates and seed predation by 
rats. Natural events such as landslides are a threat to occurrences on 
the island of Hawaii. Pollination and seed production are observed to 
be limited. Low numbers of individuals (90 total individuals 
distributed across 4 islands) makes this species more vulnerable to 
extinction because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes. The effects of 
climate change are likely to exacerbate these threats. Because of the 
threats, we find that this species is endangered throughout all of its 
range, and, therefore, find that it is unnecessary to analyze whether 
it is endangered or threatened in a significant portion of its range.
    Huperzia stemmermanniae (NCN) is an epiphytic hanging fir-moss (a 
fern ally) in the club moss family (Lycopodiaceae) (Palmer 2003, pp. 
257-259). This species is epiphytic on rough bark of living trees or 
fallen logs in Metrosideros polymorpha-Acacia koa forest on the island 
of Hawaii, from 3,200 to 3,800 ft (975 to 1,160 m), in the montane wet 
ecosystem (Medeiros et al. 1996b, p. 93; Palmer 2003, pp. 257, 259; 
TNCH 2007; HBMP 2010). There is little information available on the 
historical range of this species. Huperzia stemmermanniae was first 
collected in 1981, from two occurrences totaling 10 individuals in 
Laupahoehoe NAR on the island of Hawaii, and was mistakenly identified 
as H. mannii (Medeiros et al. 1996b, p. 93; HBMP 2010). One individual 
occurred in Kaapahu Valley on east Maui, but has not been relocated 
since 1995 (Perry 2006, in litt.; Welton 2008, in litt.; HBMP 2010; 
Conry 2012, in litt.; Perry 2015, in litt.). In 2006, there were 
estimated to be as many as 20 individuals in Laupahoehoe (Perry 2006, 
in litt.). Currently, there are only a few individuals remaining due to 
prolonged drought conditions (Perry 2015, in litt.).
    Feral pigs, goats, axis deer, and cattle modify and destroy the 
habitat of Huperzia stemmermanniae on Maui, and feral pigs modify and 
destroy the habitat of this species on Hawaii Island (Medeiros et al. 
1996b, p. 96; Wood 2003, in litt.; HBMP 2010). Herbivory by these 
ungulates is a threat to H. stemmermanniae. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as Clidemia 
hirta, Miconia calvescens, Psidium cattleianum, and Cyathea cooperi 
(Australian tree fern), modify and destroy the forest habitat that 
supports the native species upon which this epiphytic plant grows, and 
drought also negatively affects this species and its habitat (Medeiros 
et al. 1996b, p. 96; Perry 2006, in litt.; HBMP 2010). Huperzia 
stemmermanniae

[[Page 67798]]

experiences reduced reproductive vigor due to reduced levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby lessening the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; HBMP 
2010). Fortini et al. (2013, p. 77) found that, as environmental 
conditions are altered by climate change, H. stemmermanniae is unlikely 
to tolerate or adapt to projected changes in temperature and moisture, 
and is unlikely to be able to move to areas with more suitable climatic 
conditions. Although we cannot predict the timing, extent, or magnitude 
of specific impacts, we do expect the effects of climate change to 
exacerbate the threats to H. stemmermanniae described above.
    The remaining occurrences of Huperzia stemmermanniae are at risk. 
The known individuals are restricted to a small area on Hawaii Island, 
and this species continues to be negatively affected by habitat 
modification and destruction by ungulates. The low numbers of 
individuals H. stemmermanniae reduces the probability of its long-term 
persistence. The effects of climate change are likely to further 
exacerbate these threats. Because of the threats described above, we 
find that this species is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Hypolepis hawaiiensis var. mauiensis (olua) is a small terrestrial 
member of the bracken fern family (Dennstaedtiaceae), and is recognized 
as a distinct taxon by Palmer (2003, pp. 168-169). Hypolepis 
hawaiiensis var. mauiensis occurs in wet forest, predominately in the 
montane wet ecosystem (Palmer 2003, pp. 168-170; Oppenheimer 2015, in 
litt.). This variety is historically known from west Maui (Palmer 2003, 
pp. 168-170). Currently, 5 to 10 individuals are known from openings 
between bogs on west Maui, and a few individuals are known from east 
Maui (Maui Nui Task Force (MNTF) 2010, in litt.).
    Nonnative plants, such as Tibouchina herbacea, modify and destroy 
the habitat of Hypolepis hawaiiensis var. mauiensis on east and west 
Maui (HBMP 2010; MNTF 2010, in litt.). Nonnative plants also displace 
this and other native plant species by competing for water, nutrients, 
light, and space, or they may produce chemicals that inhibit growth of 
other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy 
and Stones 1990, p. 74; MNTF 2010, in litt.). Herbivory by slugs is a 
threat (Oppenheimer 2015, in litt.). This fern experiences reduced 
reproductive vigor due to low numbers of individuals, leading to 
diminished capacity to adapt to environmental changes, and thereby 
lessening the probability of long-term persistence (Barrett and Kohn 
1991, p. 4; Newman and Pilson 1997, p. 361). Fortini et al. (2013, p. 
78) found that, as environmental conditions are altered by climate 
change, H. hawaiiensis var. mauiensis is unlikely to tolerate or adapt 
to projected changes in temperature and moisture, and is unlikely to be 
able to move to areas with more suitable climatic conditions. Although 
we cannot predict the timing, extent, or magnitude of specific impacts, 
we do expect the effects of climate change to exacerbate the threats to 
H. hawaiiensis var. mauiensis described above.
    The remaining occurrences of Hypolepis hawaiiensis var. mauiensis 
are at risk. Nonnative plants modify and destroy native habitat, and 
also outcompete native plants, and this plant is threatened by 
herbivory by slugs. This fern is also vulnerable to the impacts of 
climate change, and the small number of remaining individuals limits 
its ability to adapt to environmental change. Because of these threats, 
we find that this variety is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Joinvillea ascendens ssp. ascendens (ohe) is an erect perennial 
herb in the joinvillea family (Joinvilleaceae) (Wagner et al. 1999, p. 
1450). Joinvillea ascendens ssp. ascendens occurs in wet to mesic 
Metrosideros polymorpha-Acacia koa lowland and montane forest, and 
along intermittent streams, from 1,000 to 4,300 ft (305 to 1,300 m); in 
the lowland mesic (Kauai and Oahu), lowland wet (Oahu, Molokai, Maui, 
and Hawaii Island), montane wet (Kauai, Oahu, Molokai, Maui, and Hawaii 
Island), and montane mesic ecosystems (Kauai) (TNCH 2007; HBMP 2010). 
Historically, this subspecies was found in widely distributed 
occurrences on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii 
Island (HBMP 2010). On Kauai, this subspecies was wide-ranging across 
the mountains and into coastal areas (HBMP 2010). On Oahu, this 
subspecies was known from the summit area of the Waianae Mountains, and 
ranged along the entire length of the Koolau Mountain range. On 
Molokai, this subspecies was known from the eastern half of the island 
ranging from Pelekunu Preserve and east to Halawa Valley. On west Maui, 
this subspecies occurred in the summit area, and on the northeastern 
side of east Maui it ranged from the Koolau FR to Kaapahu (Gates 2015, 
in litt.). On Hawaii Island, it occurred almost island-wide. Currently, 
J. ascendens ssp. ascendens is still found on the same islands, in only 
56 occurrences totaling approximately 200 individuals (HBMP 2010; Conry 
2012, in litt.).
    Nonnative ungulates modify and destroy habitat on all of the 
islands where Joinvillea ascendens ssp. ascendens occurs (Moses 2006, 
in litt.; Oppenheimer 2006, in litt.; Welton and Haus 2008, p. 16; HBMP 
2010; Perlman 2010, in litt.). Herbivory by feral pigs, goats, axis 
deer, black-tailed deer, and rats is a threat to this subspecies (HBMP 
2010; Williams 2015, in litt.). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Many nonnative plant species, such as Passiflora 
tarminiana (banana poka), Rubus ellipticus (yellow Himalayan 
raspberry), and Setaria palmifolia (palmgrass) on Hawaii Island; 
Clidemia hirta, Psidium cattleianum, and P. guajava on Kauai; C. hirta 
and Tibouchina herbacea on Maui; Juncus effusus (Japanese mat rush) on 
Molokai; and C. hirta and P. cattleianum on Oahu, modify and destroy 
habitat and outcompete this subspecies (HBMP 2010). Randomly occurring 
natural events, such as landslides, are a threat to the occurrences of 
J. ascendens ssp. ascendens on Kauai and Molokai (HBMP 2010). Fire is 
likely to be a threat to this subspecies in the drier areas of the 
Waianae Mountains of Oahu (HBMP 2010). This subspecies is usually found 
as widely separated individuals. Seedlings have rarely been observed in 
the wild, and, although mature seeds germinate in cultivation, these 
seedlings also rarely survive to maturity. It is uncertain if this 
rarity of reproduction is typical, or if it is related to habitat 
disturbance, or possibly a lack of soil mycorrhizae (symbiotic 
relationship between fungi and plants) required for successful 
establishment (Wagner et al. 1999, p. 1451; Oppenheimer 2015, in 
litt.). Fortini et al. (2013, p. 76) found that, as environmental 
conditions are altered by climate change, J. ascendens ssp. ascendens 
is unlikely to tolerate or adapt to projected changes in temperature 
and moisture, and is unlikely to be able to move to areas with

[[Page 67799]]

more suitable climatic conditions. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to J. ascendens 
ssp. ascendens described above.
    The remaining occurrences of Joinvillea ascendens ssp. ascendens 
are at risk. The known individuals continue to be negatively affected 
by habitat modification and destruction by ungulates, compounded with 
herbivory by ungulates and rats. The small number of remaining 
individuals, smaller distribution, and poor recruitment in the wild 
limits this subspecies' ability to adapt to environmental changes. 
Destruction by fire, landslides, rockfalls, and floods can occur at any 
time. The effects of climate change are likely to further exacerbate 
these threats. Because of these threats, we find that this subspecies 
is endangered throughout all of its range, and, therefore, find that it 
is unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Kadua fluviatilis (previously Hedyotis fluviatilis) (kamapuaa) is a 
climbing shrub in the coffee family (Rubiaceae) family (Wagner et al. 
1999, pp. 1142-1144). Typical habitat for this species on Kauai is 
mixed native shrubland and Metrosideros forest from 750 to 2,200 ft 
(230 to 680 m), in the lowland mesic ecosystem (TNCH 2007; HBMP 2010); 
and in open shrubland with sparse tree cover in the lowland mesic 
ecosystem (Wood 1998, in litt.; TNCH 2007). On Oahu, K. fluviatilis 
occurs along rocky streambanks in wet Metrosideros forest from 820 to 
1,990 ft (250 to 607 m) in the lowland wet ecosystem (TNCH 2007; HBMP 
2010).
    Historically, Kadua fluviatilis was known from the island of Kauai 
in at least 5 occurrences ranging from the north coast across the 
central plateau to the south coast, and from the island of Oahu in at 
least 11 occurrences in the northern Koolau Mountains (HBMP 2010; 
Williams 2015, in litt.). Currently, during surveys on Oahu in 2013, 
only 20 to 25 individuals were observed in one occurrence (Wood 2005b, 
in litt., NTBG 2009, in litt.; HBMP 2010; Ching Harbin 2015, in litt.). 
On Kauai, K. fluviatilis is known from two occurrences totaling 
approximately 500 individuals (HBMP 2010).
    Feral pigs and goats modify and destroy habitat of Kadua 
fluviatilis (HBMP 2010). Evidence of the activities of feral pigs has 
been reported at the occurrences on Kauai and Oahu (Wood 1998, in 
litt.; HBMP 2010). Feral goats and evidence of their activities have 
been observed at one location on Kauai (HBMP 2010). Herbivory by feral 
pigs and goats is a threat to K. fluviatilis. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plant species, such as 
Lantana camara, Paspalum conjugatum (Hilo grass), Psidium cattleianum, 
P. guajava, Rubus rosifolius, and Schinus terebinthifolius (Christmas 
berry), degrade habitat and outcompete this and other native species 
for water, nutrients, light, and space, or may produce chemicals that 
inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek et 
al. 1987 in Cuddihy and Stone 1990, p. 74; Wood 1998, in litt.; HBMP 
2010). Kadua fluviatilis is negatively affected by landslides on Kauai 
(HBMP 2010). Fortini et al. (2013, p. 78) found that, as environmental 
conditions are altered by climate change, K. fluviatilis is unlikely to 
tolerate or adapt to projected changes in temperature and moisture, and 
is unlikely to be able to move to areas with more suitable climatic 
conditions. Although we cannot predict the timing, extent, or magnitude 
of specific impacts, we do expect the effects of climate change to 
exacerbate the threats to K. fluviatilis described above.
    The remaining occurrences of Kadua fluviatilis are at risk. Numbers 
of occurrences and individuals are decreasing on Oahu and Kauai, from 
16 occurrences to 3, and from over 1,000 individuals to about 500 
individuals (HBMP 2010; OTFM 2014, in litt.). This species continues to 
be negatively affected by habitat modification and destruction by feral 
pigs and goats, stochastic events such as landslides, and direct 
competition from nonnative plants, combined with herbivory by nonnative 
ungulates. Climate change is likely to further exacerbate these 
threats. Because of these threats, we find that this species is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Kadua haupuensis (NCN) is a shrub in the coffee family (Rubiaceae) 
(Lorence et al. 2010, p. 137). There is no historical information for 
this species as it was recently discovered and described from one 
occurrence just below and along cliffs in an isolated area on southern 
Kauai, from 980 to 1,640 ft (300 to 500 m), in the lowland mesic 
ecosystem (TNCH 2007; Lorence et al. 2010, pp. 137-144). Currently, 
however, there are no known extant individuals of K. haupuensis; the 
single natural occurrence is thought to be extirpated. Ten individuals 
were propagated from seed collected in 1999, with cuttings from these 
currently under cultivation. Seeds are in storage at NTBG's seed bank 
(Lorence 2015, in litt.).
    Feral pigs modify and destroy the habitat of Kadua haupuensis on 
Kauai (Lorence et al. 2010, p. 140). Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Predation of fruits and seeds by rats is a threat. 
Landslides are an additional threat to this species at its last known 
occurrence. Nonnative plants, such as Caesalpinia decapetala (wait-a-
bit), Passiflora laurifolia (yellow granadilla), and various nonnative 
grasses, modify and destroy native habitat, outcompete native plants, 
and are found at the last known location of K. haupuensis. The small 
number of remaining individuals limits this species' ability to adapt 
to environmental change. Because of these threats, we find that K. 
haupuensis is endangered throughout all of its range, and, therefore, 
find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Labordia lorenciana (NCN) is a small tree in the Logania family 
(Loganiaceae) (Wood et al. 2007, pp. 195-197). This species occurs on 
the island of Kauai at 3,800 ft (1,160 m), in forest in the montane 
mesic ecosystem (Wood et al. 2007, pp. 197-198). Currently, there are 
four known individuals. Additional surveys for L. lorenciana have not 
been successful; however, experts believe this species may occur in 
other areas (Wood et al. 2007, p. 198).
    Labordia lorenciana is at risk from habitat modification and 
destruction and herbivory by nonnative mammals, displacement of 
individuals through competition with nonnative plants, stochastic 
events, and problems associated with small populations. Feral pigs, 
goats, and black-tailed deer modify and destroy the habitat of L. 
lorenciana (Wood et al. 2007, p. 198; Kishida 2015, in litt.). 
Ungulates are managed in Hawaii as game animals, but public hunting 
does not adequately control the numbers of ungulates to eliminate 
habitat modification and destruction by these animals (Anderson et al. 
2007, in litt; HAR-DLNR 2010, in litt.). Predation of seeds by rats is 
a threat to this species (Wood et al. 2007, p. 198). Habitat

[[Page 67800]]

destruction and modification by nonnative plants, and competition with 
nonnative plants including Lantana camara, Passiflora tarminiana, 
Psidium cattleianum, and Rubus argutus, are a threat to Labordia 
lorenciana, as these nonnative plants have the ability to spread 
rapidly and cover large areas in the forest understory (Smith 1985, pp. 
180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; Wood et 
al. 2007, p. 198). Randomly occurring natural events, such as 
landslides, flash floods, fallen tree limbs, and fire, are threats to 
L. lorenciana where it occurs on Kauai (Wood et al. 2007, p. 198). This 
species experiences reduced reproductive vigor as there is no in situ 
seedling recruitment and a very small number of individuals remain 
(Wood et al. 2007, p. 198). Infestation by the black twig borer 
(Xylosandrus compactus) is a threat to this species (Kishida 2015, in 
litt.). Because of these threats, we find that L. lorenciana is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Lepidium orbiculare (anaunau) is a small, many-branched shrub in 
the mustard family (Brassicaceae) (St. John 1981, pp. 371-373; Wagner 
et al. 1999, p. 409). This species occurs in mesic forest on the island 
of Kauai, in the lowland mesic ecosystem (Wagner et al. 1999, p. 409; 
TNCH 2007; HBMP 2010; PEPP 2014, p. 34). Historically, this species was 
known from widely scattered occurrences on Kauai (Wagner et al. 1999, 
p. 409). Currently, there is one occurrence of fewer than 50 
individuals (Wagner et al. 2012, p. 19; PEPP 2014, p. 34; Smithsonian 
Institution 2015, in litt.).
    Feral pigs and goats have been documented to modify and destroy 
habitat of other rare and endangered native plant species at the same 
location on Kauai (Lorence et al. 2010, p. 140; Kishida 2015, in 
litt.); therefore, we consider that activities of feral pigs and goats 
also pose a threat to Lepidium orbiculare. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as Melinis 
minutiflora (molasses grass) and Stachytarpheta jamaicensis (Jamaica 
vervain), degrade native habitat, outcompete native plants, and are 
found at the last known location of L. orbiculare (HBMP 2010). 
Landslides are an additional threat to this species. Because there are 
fewer than 50 individuals, L. orbiculare experiences reduced 
reproductive vigor due to reduced levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, and 
thereby lessening the probability of long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; PEPP 2014, p. 34).
    The remaining occurrence of Lepidium orbiculare is at risk and the 
species continues to be negatively affected by the threats described 
above. Because of these threats, we find that this species is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Microlepia strigosa var. mauiensis (NCN) is a terrestrial, medium-
sized fern in the bracken fern family (Dennstaedtiaceae) (Palmer 2003, 
p. 186). Typical habitat for M. strigosa var. mauiensis is mesic to wet 
forest from 1,400 to 6,000 ft (425 to 1,830 m), in the lowland mesic 
(Oahu), montane mesic (Hawaii Island), and montane wet (Maui and Hawaii 
Island) ecosystems (Palmer 2003, p. 186; TNCH 2007: HBMP 2010). Little 
is known of the historical locations of M. strigosa var. mauiensis; 
however, it was wide-ranging on the islands of Hawaii, Maui, and Oahu 
(HBMP 2010). Currently, M. strigosa var. mauiensis is known from nine 
occurrences totaling fewer than 100 individuals on the islands of Oahu 
(about 40 individuals), Maui (fewer than 20 individuals on east and 
west Maui), and Hawaii (35 individuals last observed in 2004) (Palmer 
2003, p. 186; Lau 2007, pers.comm.; Oppenheimer 2007 and 2008, in 
litt.; Welton 2008, in litt.; Ching 2011, in litt.; Ching Harbin 2015, 
in litt.; Oppenheimer 2015, in litt.).
    Habitat modification and destruction by feral pigs and goats is a 
threat to Microlepia strigosa var. mauiensis (Oppenheimer 2007, in 
litt.; Bily 2009, in litt.; HBMP 2010). Herbivory by feral pigs is a 
threat to M. strigosa var. mauiensis (Oppenheimer 2007, in litt.; Bily 
2009, in litt.; HBMP 2010). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Ageratina adenophora, Juncus 
acuminatus (rush), Plantago major (broad-leaved plantain), and 
Tibouchina herbacea, degrade habitat and outcompete this variety on 
Maui (Oppenheimer 2007, in litt.). Hybridization with other species and 
varieties of Microlepia is a threat to this plant on Oahu and is 
compounded by the low number of individuals (Kawelo 2010, in litt.). 
Because of these threats, we find that this variety is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Myrsine fosbergii (kolea) is a branched shrub or small tree in the 
myrsine family (Myrsinaceae) (Wagner et al. 1999, p. 940). Typical 
habitat for this species on Oahu is Metrosideros-mixed native 
shrubland, from 2,200 to 2,800 ft (670 to 850 m) (Wagner et al. 1999, 
p. 940; TNCH 2007; HBMP 2010). Typical habitat for this species on 
Kauai is Metrosideros-Diospyros (ohia-lama) lowland mesic forest and 
Metrosideros-Cheirodendron (ohia-olapa) montane wet forest, often on 
watercourses or stream banks, from 900 to 4,300 ft (270 to 1,300 m), in 
the lowland mesic, lowland wet, and montane wet ecosystems (TNCH 2007; 
HBMP 2010; Wagner et al. 2012, p. 53). Myrsine fosbergii was 
historically known from the summit ridges of the Koolau Mountains of 
Oahu (HBMP 2010). This species was first collected on Kauai in 1987. 
Currently, on Oahu, there are fewer than 30 individuals in the Koolau 
Mountains (lowland mesic and lowland wet ecosystems) (HBMP 2010; OTFM 
2014, in litt.; Reynolds 2015, in litt.; Sailer 2015, in litt.). 
Propagation attempts of the Oahu plants have been unsuccessful (Ching 
Harbin 2015, in litt.). On Kauai, this species was once widely 
scattered in the northwest and central areas, but is currently known 
from only 55 remaining individuals (Wood 2005e and 2007c, in litt.; 
HBMP 2010).
    Myrsine fosbergii is at risk from habitat modification and 
destruction by nonnative ungulates and plants. On Oahu, evidence of the 
activities of feral pigs has been reported at all summit occurrences 
(HBMP 2010). On Kauai, evidence of the activities of feral pigs has 
been reported at the remaining occurrence (Wood 2005e and 2007c, in 
litt.; HBMP 2010), and evidence of the activities of feral goats has 
also been reported (HBMP 2010). Herbivory by feral pigs and goats is a 
threat to M. fosbergii (Wood 2005e and 2007c, in litt.; HBMP 2010). 
Ungulates are managed in Hawaii as game animals, but public hunting 
does not adequately control the numbers of ungulates to eliminate 
habitat modification and destruction or herbivory by these animals 
(Anderson et al. 2007, in litt.;

[[Page 67801]]

HAR-DLNR 2010, in litt.). Nonnative plants, such as Axonopus 
fissifolius (narrow-leaved carpetgrass), Clidemia hirta, Erigeron 
karvinskianus, Psidium cattleianum, P. guajava, and Rubus rosifolius, 
compete with M. fosbergii and modify and destroy its native habitat on 
Oahu and Kauai (HBMP 2010). Hybridization is a threat to this species, 
as M. fosbergii hybridizes with other Myrsine species, and the number 
of non-hybrid individuals may actually be lower than estimated (Ching 
Harbin 2015, in litt.). Fortini et al. (2013, p. 82) found that, as 
environmental conditions are altered by climate change, M. fosbergii is 
unlikely to tolerate or adapt to projected changes in temperature and 
moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to M. fosbergii described 
above.
    The remaining occurrences of Myrsine fosbergii are at risk from the 
threats described above. The effects of climate change are likely to 
exacerbate the threats described above. Because of these threats, we 
find that M. fosbergii is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Nothocestrum latifolium (aiea) is a small tree in the nightshade 
family (Solanaceae) (Symon 1999, p. 1263). Typical habitat for this 
species is dry to mesic forest in the dry cliff (Kauai, Oahu, Lanai, 
and Maui), lowland dry (Oahu, Lanai, and Maui), and lowland mesic 
(Oahu, Molokai, Lanai, and Maui) ecosystems (TNCH 2007; HBMP 2010). 
Historically, N. latifolium was known from the Waianae Mountains of 
Oahu, Molokai, Lanai, and Maui (HBMP 2010; Sailer 2015, in litt.). This 
species was collected once on Kauai in 1986, but has not been observed 
there before or after that time (Symon 1999, p. 1263; BISH 504035-
Montgomery; Williams 2015, in litt.). Currently, on the island of Oahu, 
there is one individual remaining, with only one of the other 
previously extant individuals represented in an ex situ collection 
(Moses 2006, in litt.; Starr 2006, in litt.; HBMP 2010; Kawakami 2010, 
in litt.; Kawelo 2010, in litt.; Welton 2010, in litt.; Ching 2011, in 
litt.; Ching Harbin 2015, in litt.; Sailer 2015, in litt.). On Molokai, 
there a few individuals on the central south slope (Oppenheimer 2015, 
in litt.). There are 18 occurrences totaling approximately 1,600 
individuals on east and west Maui (Ching 2011, in litt.; HBMP 2010; 
Oppenheimer 2015, in litt.). On Lanai, no individuals were found during 
surveys in 2012, and this species may be extirpated from this island, 
although there are plans to continue surveying suitable habitat (PEPP 
2012, p. 129; Oppenheimer 2015, in litt.). In summary, the species' 
range on each island has decreased dramatically since 2001 (Kawelo 2005 
and 2010, in litt.; HBMP 2010; Oppenheimer 2011, in litt.).
    Feral pigs (Oahu, Maui, Kauai), goats (Maui, Kauai), mouflon 
(Lanai), feral cattle (Maui), axis deer (Lanai, Maui), and black-tailed 
deer (Kauai) modify and destroy habitat of Nothocestrum latifolium 
(HBMP 2010; Oppenheimer 2015, in litt.). Herbivory by these animals 
also poses a threat to this species. Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Fraxinus uhdei (tropical 
ash), Grevillea robusta (silk oak), Lantana camara, Leucaena 
leucocephala (koa haole), Melinis minutiflora, Passiflora suberosa 
(huehue haole), Schinus terebinthifolius, and Toona ciliata (Australian 
red cedar), outcompete N. latifolium and modify and destroy habitat at 
all known occurrences. Wildfire, and fire caused by military training 
activities, is a threat to this species and its habitat (Sailer 2015, 
in litt.). Low numbers of individuals limits this species' ability to 
adapt to environmental change. Infestation by the black twig borer is a 
threat to N. latifolium (Ching Harbin 2015, in litt.). This species 
continues to decline, and, for unknown reasons, there is an observed 
lack of regeneration in N. latifolium in the wild (HBMP 2010; Duvall 
2015, in litt.). Fortini et al. (2013, p. 83) found that, as 
environmental conditions are altered by climate change, N. latifolium 
is unlikely to tolerate or adapt to projected changes in temperature 
and moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to N. latifolium described 
above.
    The remaining occurrences of Nothocestrum latifolium are at risk 
from the threats described above. Because of these threats, we find 
that this species is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Ochrosia haleakalae (holei) is a tree in the dogbane family 
(Apocynaceae) (Wagner et al. 1999, p. 218). Typical habitat for this 
species is dry to mesic forest, sometimes wet forest, and often lava, 
from 2,300 to 4,000 ft (700 to 1,200 m), in the dry cliff (Maui), 
lowland mesic (Maui and Hawaii Island), and montane mesic (Maui) 
ecosystems (Medeiros et al. 1986, pp. 27-28; Wagner et al. 1999, p. 
218; TNCH 2007; HBMP 2010). Historically, this species was known from 
east Maui and Hawaii Island (HBMP 2010). Currently, O. haleakalae is 
known from 4 occurrences totaling about 15 individuals on the island of 
Maui (Medeiros 2007, in litt.; Oppenheimer 2008, in litt.; HBMP 2010; 
Oppenheimer 2015, in litt.). On Hawaii Island, there are two 
occurrences totaling at least 150 individuals in Hawaii Volcanoes 
National Park, with 150 outplanted in nearby kipuka (vegetated areas 
surrounded by lava flows), and one individual in the Laupahoehoe 
section of Hilo Forest Reserve (Pratt 2005, in litt.; Bio 2008a, in 
litt.; HBMP 2010; Pratt 2011, in litt.; Conry 2012, in litt.; Orlando 
2015, in litt.; Perry 2015, in litt.).
    Feral pigs and goats modify and destroy the habitat of Ochrosia 
haleakalae on Maui and Hawaii Island; in addition, cattle modify and 
destroy the habitat of this species on Maui (Medeiros 1995, in litt.; 
Pratt 2005, in litt.; Oppenheimer 2015, in litt.). Herbivory by these 
animals also poses a threat to this species. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction or herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plant species, such as 
Cestrum diurnum (day cestrum), Fraxinus uhdei, Psidium cattleianum, P. 
guajava, Rubus argutus, Setaria palmifolia (palmgrass), and Toona 
ciliata, modify and destroy habitat and outcompete native plants, 
including O. haleakalae (HBMP 2010). In dry areas, wildfires affecting 
the habitat of this species are exacerbated by the presence of 
introduced grass species such as Pennisetum clandestinum (kikuyu grass) 
(HBMP 2010; Oppenheimer 2015, in litt.). Herbivory and seed predation 
by slugs and rats is a threat to this species (Oppenheimer 2015, in 
litt.). There is low to no reproduction observed in the wild, and this 
reduced reproductive vigor is due to reduced levels of genetic 
variability resulting from low numbers of individuals. This decreases 
the

[[Page 67802]]

species' capacity to adapt to environmental changes, and thereby 
lessens the probability of its long-term persistence (Barrett and Kohn 
1991, p. 4; Newman and Pilson 1997, p. 361; Duvall 2015, in litt.). 
Fortini et al. (2013, p. 83) found that, as environmental conditions 
are altered by climate change, O. haleakalae is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to O. haleakalae described above.
    Ochrosia haleakalae is at risk from habitat degradation and loss by 
feral pigs, goats, cattle, and nonnative plants; the displacement of 
individuals due to competition with nonnative plants for space, 
nutrients, water, air, and light; herbivory by feral pigs, goats, and 
cattle; seed predation by slugs and rats; and by the small number of 
remaining individuals. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that this species is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Phyllostegia brevidens (NCN) is a scandent (climbing) subshrub in 
the mint family (Lamiaceae) (Wagner et al. 1999, pp. 814-815). This 
species occurs in wet forest on the islands of Maui and Hawaii from 
2,900 to 3,200 ft (880 to 975 m), in the lowland wet (Maui), montane 
wet (Hawaii Island), and wet cliff (Maui) ecosystems (Wagner et al. 
1999, pp. 814-815; TNCH 2007; HBMP 2010). Phyllostegia brevidens is 
historically known from Hilo Forest Reserve, Mauna Kea, and Kulani on 
Hawaii Island; and from Kipahulu Valley on Maui (Haleakala National 
Park) (Wagner et al. 1999, p. 815; HBMP 2010; Smithsonian Institution 
2015, in litt.). Currently, there is one individual on the island of 
Maui and two individuals on Hawaii Island (PEPP 2009, p. 90; Wagner et 
al. 2012, p. 46; PEPP 2014, p. 136; Gates 2015, in litt.; Oppenheimer 
2015, in litt.; Perry 2015, in litt.).
    Feral pigs modify and destroy habitat of this species on Maui (PEPP 
2014, p. 136). The two remaining individuals on Hawaii Island are 
currently fenced (Perry 2015, in litt.); however, owing to the 
potential for accidental damage or vandalism (irrespective of 
maintenance), fences do not guarantee protection from ungulate ingress. 
Herbivory by feral pigs also poses a threat to this species on Maui. 
Ungulates are managed in Hawaii as game animals, but public hunting 
does not adequately control the numbers of ungulates to eliminate 
habitat modification and destruction or herbivory by these animals 
(Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative 
plants, such as Clidemia hirta and Hedychium gardnerianum, modify and 
destroy habitat and outcompete P. brevidens on Maui (PEPP 2009, p. 90). 
Herbivory by slugs is a threat to the remaining individual on Maui 
(PEPP 2014, p. 136). In addition, natural events such as landslides and 
erosion are threats to the occurrence on Maui (PEPP 2014, p. 136). The 
small number of remaining individuals limits this species' ability to 
adapt to environmental change. Fortini et al. (2013, p. 84) found that, 
as environmental conditions are altered by climate change, P. brevidens 
is unlikely to tolerate or adapt to projected changes in temperature 
and moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to P. brevidens described 
above.
    The remaining occurrences of Phyllostegia brevidens are at risk. 
The species continues to be negatively affected by habitat modification 
and destruction by ungulates and nonnative plants, and by direct 
competition from nonnative plants, combined with herbivory by ungulates 
and slugs. The effects of climate change are likely to further 
exacerbate these threats. We find that P. brevidens is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Phyllostegia helleri (NCN) is a weakly erect to climbing shrub in 
the mint family (Lamiaceae) (Wagner et al. 1999, pp. 816-817). This 
species occurs on ridges or spurs from 2,800 to 4,000 ft (860 to 1,200 
m) in diverse forest on Kauai in the lowland wet, montane wet, and wet 
cliff ecosystems (Wagner et al. 1999, p. 817; TNCH 2007; HBMP 2010). 
Historically, P. helleri was wide-ranging on the island of Kauai, from 
the north and east sides throughout the central plateau (Wagner et al. 
1999, p. 817; HBMP 2010). Currently, this species is limited to one 
occurrence of four individuals (PEPP 2014, p. 35; Kishida 2015, in 
litt.).
    Feral pigs and goats modify and destroy the habitat of Phyllostegia 
helleri on Kauai (HBMP 2010). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Herbivory on fruits and seeds by rats negatively 
affects the remaining individuals (HBMP 2010). The only known 
occurrence of this species is located at the base of cliffs, and 
landslides are an additional threat (HBMP 2010). Nonnative plants, such 
as Erigeron karvinskianus, Kalanchoe pinnata (air plant), Psidium 
guajava, Rubus rosifolius, and various grasses, modify and destroy 
native habitat, outcompete native plants, and are found at the last 
known occurrence of Phyllostegia helleri (HBMP 2010). This species 
experiences reduced reproductive vigor due to reduced levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, and thereby lessening the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini 
et al. (2013, p. 84) found that, as environmental conditions are 
altered by climate change, P. helleri is unlikely to tolerate or adapt 
to projected changes in temperature and moisture, and is unlikely to be 
able to move to areas with more suitable climatic conditions. Although 
we cannot predict the timing, extent, or magnitude of specific impacts, 
we do expect the effects of climate change to exacerbate the threats to 
P. helleri described above.
    The remaining occurrence of Phyllostegia helleri is at risk. The 
numbers of individuals are decreasing on Kauai, as this species was 
wide-ranging on the island, extending from the north and east sides 
throughout the central plateau, and is now known from only one 
occurrence of four individuals. These four individuals continue to be 
negatively affected by habitat modification and destruction by 
ungulates and nonnative plants, direct competition by nonnative plants, 
and by seed predation by rats. Natural events such as landslides may 
damage or destroy the remaining four individuals. The small number of 
remaining individuals limits this species' ability to adapt to 
environmental changes. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that P. helleri is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is

[[Page 67803]]

endangered or threatened in a significant portion of its range.
    Phyllostegia stachyoides (NCN) is a weakly erect to climbing 
subshrub in the mint family (Lamiaceae) (Wagner et al. 1999, p. 823). 
This species occurs in mesic to wet forest from 3,600 to 4,600 ft 
(1,000 to 1,400 m), in the montane wet (Hawaii Island, Maui, and 
Molokai) and montane mesic (Hawaii Island and Maui) ecosystems (Wagner 
et al. 1999, p. 823; TNCH 2007; HBMP 2010). Phyllostegia stachyoides is 
historically known from the eastern and central Molokai, west Maui, and 
wide-ranging occurrences on Hawaii Island (Wagner et al. 1999, p. 823; 
HBMP 2010; VanDeMark 2016, in litt.). Currently, occurrences on west 
Maui total about 15 individuals (Oppenheimer 2015, in litt.). Those on 
Molokai occur at 5 locations and total fewer than 30 individuals 
(Orlando 2015, in litt.; PEPP 2012, p. 156). Plants on Hawaii Island 
are now considered to be P. ambigua (VanDeMark 2016, in litt.).
    Feral pigs, goats, and axis deer modify and destroy the habitat of 
Phyllostegia stachyoides on Maui, with evidence of the activities of 
these animals reported in areas where this species occurs (HBMP 2010; 
PEPP 2014, p. 141). Ungulates are managed in Hawaii as game animals, 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants, such as Ageratina adenophora, Erigeron karvinskianus, 
and Tibouchina herbacea, compete with P. stachyoides, modify and 
destroy its native habitat, and displace other native plant species 
(Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 
1990, p. 74; PEPP 2014, pp. 141-142). Herbivory by slugs and rats on 
leaves and nutlets of P. stachyoides poses a threat to this species at 
known locations on Maui and Molokai (PEPP 2014, pp. 140-142). On Maui, 
stochastic events such as floods and drought (with ensuing erosion) 
pose a threat to small, isolated occurrences of P. stachyoides; 
rockfalls and landslides are a threat to occurrences on Molokai (PEPP 
2014, pp. 140-142). This species experiences reduced reproductive vigor 
due to reduced levels of genetic variability, leading to diminished 
capacity to adapt to environmental changes, and thereby lessening the 
probability of long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361). Fortini et al. (2013, p. 84) found 
that, as environmental conditions are altered by climate change, P. 
stachyoides is unlikely to tolerate or adapt to projected changes in 
temperature and moisture, and is unlikely to be able to move to areas 
with more suitable climatic conditions. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to P. stachyoides 
described above.
    The remaining occurrences of Phyllostegia stachyoides are at risk. 
The known individuals are restricted to small areas on west Maui and 
Molokai, and continue to be negatively affected by habitat modification 
and destruction by ungulates and by direct competition with nonnative 
plants, combined with herbivory by slugs and rats. The small number of 
remaining individuals limits this species' ability to adapt to 
environmental changes. Flooding, drought, and the effects of climate 
change are likely to further exacerbate these threats. Because of these 
threats, we find that this species is endangered throughout all of its 
range, and, therefore, find that it is unnecessary to analyze whether 
it is endangered or threatened in a significant portion of its range.
    Portulaca villosa (ihi) is a perennial herb in the purslane family 
(Portulacaceae) (Wagner et al. 1999, p. 1074). Portulaca villosa occurs 
on dry, rocky, clay, lava, or coralline reef sites, from sea level to 
1,600 ft (490 m), in the coastal (Lehua, Kaula, Oahu, Kahoolawe, Maui, 
and Hawaii Island) and lowland dry (Oahu, Molokai, Lanai, Kahoolawe, 
Maui, and Hawaii Island) ecosystems, and one reported occurrence in the 
montane dry (Hawaii Island) ecosystem (Wagner et al. 1999, p. 1074; 
TNCH 2007; HBMP 2010). Portulaca villosa is historically known from all 
the main Hawaiian Islands except Niihau and Kauai (Wagner et al. 1999, 
p. 1074). Portulaca villosa has been observed on the small islets of 
Kaula and Lehua (west of Kauai and Niihau), and on Nihoa (NWHI); 
however, the current status of these occurrences is unknown. This 
species has not been observed on Oahu since the 1960s, when it was 
locally abundant at Kaohikaipu Island (HBMP 2010). Historically, on the 
island of Hawaii, this species occurred in the coastal area of Hawaii 
Volcanoes National Park west of Kamoamoa, but was extirpated in 1993 by 
lava flows (Orlando 2015, in litt.). On the island of Lanai, two 
individuals were last observed in 1996 (HBMP 2010). Currently, P. 
villosa is known from a few individuals on Molokai, 2 individuals on 
east Maui and 24 individuals on west Maui, fewer than 15 individuals on 
Kahoolawe, and five occurrences totaling 10 individuals on Hawaii 
Island (MNTF 2010, in litt.; Evans 2015a, in litt.).
    Axis deer (Maui and Lanai), goats (Maui), mouflon (Lanai), and 
cattle (Hawaii Island) modify and destroy the habitat of Portulaca 
villosa (HBMP 2010; Oppenheimer 2015, in litt.). These ungulates also 
forage directly on this species. Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Lantana camara, Nicotiana 
glauca (tree tobacco), Pennisetum ciliare (buffelgrass), and Prosopis 
pallida (kiawe, mesquite), compete with Portulaca villosa, modify and 
destroy its native habitat, displace other native plant species, and 
pose a threat to the known occurrences on Hawaii Island, Maui, 
Kahoolawe, and Molokai (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74). P. villosa occurs in drier coastal 
and lowland habitats, all of which are affected by wildfires. Some 
coastal habitat includes exposed cliffs, which erode and cause 
landslides and rockfalls in areas where P. villosa occurs (Kahoolawe), 
posing a threat to this species (HBMP 2010). This species experiences 
reduced reproductive vigor due to low levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, and 
thereby lessening the probability of long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini et al. (2013, 
p. 86) found that, as environmental conditions are altered by climate 
change, P. villosa is unlikely to tolerate or adapt to projected 
changes in temperature and moisture, and is unlikely to be able to move 
to areas with more suitable climatic conditions. Although we cannot 
predict the timing, extent, or magnitude of specific impacts, we do 
expect the effects of climate change to exacerbate the threats to P. 
villosa described above.
    The remaining occurrences of Portulaca villosa are at risk; the 
numbers of individuals are decreasing on Maui, Molokai, and Hawaii 
Island, and the species continues to be negatively affected by 
continued habitat modification and destruction by feral ungulates and 
nonnative plants, and by competition with nonnative plants. Because of 
its small and isolated remaining occurrences, natural events such as 
rockfalls, landslides, and wildfires may pose a threat to this species. 
The small number of remaining individuals limits this species' ability 
to

[[Page 67804]]

adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that this species is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Pritchardia bakeri (Baker's loulu) is a small to medium-sized tree 
in the palm family (Arecaceae) (Hodel 2009, pp. 173-179; Hodel 2012, 
pp. 70-73). This species occurs in the lowland mesic ecosystem in the 
Koolau Mountains on Oahu, from 1,500 to 2,100 ft (457 to 640 m), in 
disturbed, windswept, and mostly exposed shrubby or grassy areas, and 
sometimes on steep slopes in these areas (Bacon et al. 2012, pp. 1-17; 
Hodel 2012, pp. 71-73). Currently, occurrences total fewer than 100 
individuals (Ching Harbin 2015, in litt.).
    Habitat modification and destruction by feral pigs impact the range 
and abundance of Pritchardia bakeri. Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants compete with and degrade and destroy 
native habitat of P. bakeri, and displace native plant species by 
competing for water, nutrients, light, and space, or they may produce 
chemicals that inhibit growth of other plants (Smith 1985, pp. 180-250; 
Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74). Stochastic 
events such as hurricanes modify and destroy the habitat of P. bakeri, 
and can directly damage or kill plants. Rats eat the fruit before they 
mature, leading to minimal or no recruitment (Hodel 2012, pp. 42, 73). 
This species experiences reduced reproductive vigor due to low levels 
of genetic variability caused by seed predation by rats and widely 
separated occurrences, leading to diminished capacity to adapt to 
environmental changes, and thereby lessening the probability of long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361; Hodel 2012, p. 73).
    The remaining occurrences of Pritchardia bakeri are at risk; the 
known individuals are restricted to small areas on Oahu, and continue 
to be negatively affected by habitat degradation and loss by feral pigs 
and nonnative plants, fruit predation by rats, and the small number and 
reduced range of remaining individuals. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to P. bakeri 
described above. Based on these threats, we find that this species is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Pseudognaphalium sandwicensium var. molokaiense (enaena) is a 
perennial herb in the sunflower family (Asteraceae) (Wagner et al. 
1999, p. 321). Typical habitat for this variety is strand vegetation in 
dry consolidated dunes, in the coastal ecosystem (Wagner et al. 1999, 
p. 321; TNCH 2007; HBMP 2010). Historically, this variety was known 
from Molokai, Oahu, Maui, and Lanai (HBMP 2010; MNTF 2010, in litt.). 
Currently, P. sandwicensium var. molokaiense is known only from two 
locations on Molokai (as many as 20,000 individuals, depending on 
rainfall), and from fewer than 25 individuals on the northwest coast of 
Maui (Moses 2006, in litt.; Starr 2006, in litt.; Kallstrom 2008, in 
litt.; Oppenheimer 2015, in litt.). This variety was last observed on 
Lanai in 1960, and on Oahu (5 individuals) in the 1980s (HBMP 2010).
    Goats and axis deer modify and destroy the habitat of 
Pseudognaphalium sandwicensium var. molokaiense, with evidence of the 
activities of these animals reported in the areas where this plant 
occurs (Moses 2006, in litt.; Starr 2006, in litt.; Kallstrom 2008, in 
litt; HBMP 2010). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Additionally, nonnative plants, such as Atriplex semibaccata 
(Australian saltbush), Chenopodium murale (aheahea, goosefoot), 
Pennisetum ciliare, Prosopis pallida, and Setaria parviflora (foxtail), 
compete with and displace native plant species by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74; Moses 2006, in litt.). This variety 
experiences reduced reproductive vigor due to low levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, and thereby lessening the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). 
Rockfalls and landslides are a threat to the occurrence of this variety 
on a sea cliff on west Maui (HBMP 2010). Fortini et al. (2013, p. 86) 
found that, as environmental conditions are altered by climate change, 
P. sandwicensium var. molokaiense is unlikely to tolerate or adapt to 
projected changes in temperature and moisture, and is unlikely to be 
able to move to areas with more suitable climatic conditions. Although 
we cannot predict the timing, extent, or magnitude of specific impacts, 
we do expect the effects of climate change to exacerbate the threats to 
P. sandwicensium var. molokaiense described above.
    The remaining occurrences of Pseudognaphalium sandwicensium var. 
molokaiense on Molokai and Maui are at risk; individuals no longer 
occur on Oahu and Lanai. Occurrences on Maui and Molokai continue to be 
negatively affected by habitat modification and destruction by 
ungulates, and by direct competition with nonnative plants. The small 
number of remaining occurrences limits this plant's ability to adapt to 
environmental changes. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that this variety is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Ranunculus hawaiensis (makou) is an erect or ascending perennial 
herb in the buttercup family (Ranunculaceae) (Duncan 1999, p. 1088). 
Typical habitat is mesic forest on grassy slopes and scree, and in open 
pastures, from 6,000 to 6,700 ft (1,800 to 2,000 m), in the montane 
mesic (Hawaii Island), montane dry (Hawaii Island), and subalpine 
(Hawaii Island and Maui) ecosystems (Bio 2008a, in litt; Pratt 2007, in 
litt.; Duncan 1999, p. 1088; TNCH 2007; HBMP 2010). Historically, R. 
hawaiensis was wide-ranging on the island of Hawaii. On Maui, this 
species was known from Haleakala National Park (HBMP 2010). In the 
1980s and 1990s, this species numbered several hundred individuals on 
both islands. Currently, there are six occurrences totaling 14 
individuals on Hawaii Island (Bio 2008a, in litt.; PEPP 2008, p. 108; 
Pratt 2008, in litt.; HBMP 2010; Agorastos 2011, in litt.; Imoto 2013, 
in litt.; Orlando 2015, in litt.). On Maui, a few individuals were 
observed on a cliff in 1994; however, this occurrence was not relocated 
in further surveys (PEPP 2013, p. 177). Additionally, no individuals 
were re-observed in Haleakala National Park (DLNR 2006, p. 61).
    Feral pigs, mouflon, and cattle modify and destroy the habitat of 
Ranunculus hawaiensis on Hawaii Island, with

[[Page 67805]]

evidence of the activities of these animals reported in the areas where 
this species occurs (HBMP 2010). These ungulates also forage on R. 
hawaiensis. Ungulates are managed in Hawaii as game animals, but public 
hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants, such as Ehrharta stipoides (meadow ricegrass), Holcus 
lanatus (common velvetgrass), and various grasses, modify and destroy 
native habitat, outcompete native plants, and have been reported in 
areas where R. hawaiensis occurs (HBMP 2010). Drought and erosion pose 
a threat in the areas of the last known occurrences of R. hawaiensis on 
Maui (PEPP 2013, p. 177). This species experiences reduced reproductive 
vigor due to low levels of genetic variability, leading to diminished 
capacity to adapt to environmental changes, and thereby lessening the 
probability of long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361). Fortini et al. (2013, p. 86) found 
that, as environmental conditions are altered by climate change, R. 
hawaiensis is unlikely to tolerate or adapt to projected changes in 
temperature and moisture, and is unlikely to be able to move to areas 
with more suitable climatic conditions. Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to R. hawaiensis 
described above.
    The remaining occurrences of Ranunculus hawaiensis are at risk; the 
known individuals are restricted to small areas on Hawaii Island and 
continue to be negatively affected by habitat modification and 
destruction by feral ungulates, and by direct competition with 
nonnative plants, combined with predation by ungulates. Drought and 
erosion pose a threat in the areas of the last known occurrences on 
Maui. The small number of remaining individuals limits this species' 
ability to adapt to environmental changes. The effects of climate 
change are likely to further exacerbate these threats. Because of these 
threats, we find that this species is endangered throughout all of its 
range, and, therefore, find that it is unnecessary to analyze whether 
it is endangered or threatened in a significant portion of its range.
    Ranunculus mauiensis (makou) is an erect to weakly ascending 
perennial herb in the buttercup family (Ranunculaceae) (Duncan 1999, p. 
1089). Typical habitat for R. mauiensis is open sites in mesic to wet 
forest and along streams, from 3,500 to 5,600 ft (1,060 to 1,700 m), in 
the montane wet (Kauai, Oahu, Molokai, and Maui), montane mesic (Kauai, 
Molokai, Maui, and Hawaii Island), and wet cliff (Molokai and Maui) 
ecosystems (Duncan 1999, p. 1089; TNCH 2007; HBMP 2010). Historically, 
R. mauiensis was known from Kauai, Oahu, Molokai, Maui, and Hawaii 
(HBMP 2010). Oahu occurrences have not been observed since the 1800s, 
and Hawaii Island occurrences have not been observed since 1980 (HBMP 
2010). Currently, R. mauiensis is known from Kauai (53 individuals) and 
east Maui (112 individuals). Two individuals formerly known from 
Molokai have not been observed on recent surveys (Bily 2007, in litt.; 
Perlman 2007a, in litt.; Wood 2007b, in litt.; HBMP 2010; PEPP 2010, p. 
105; Bakutis 2011, in litt.; PEPP 2011, p. 161; PEPP 2013, p. 177; 
Oppenheimer 2015, in litt.).
    Feral pigs, goats, axis deer, black-tailed deer, and cattle modify 
and destroy the habitat of Ranunculus mauiensis on Kauai, Molokai, and 
Maui, with evidence of the activities of these animals reported in the 
areas where this species occurs (HBMP 2010; PEPP 2014, pp. 155-156). 
Ungulates are managed in Hawaii as game animals (except for cattle), 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants, such as Buddleja asiatica (dog tail), Clidemia hirta, 
Erigeron karvinskianus, Hedychium gardnerianum, Lantana camara, 
Passiflora edulis (passion fruit), P. tarminiana, Psidium cattleianum, 
Rubus argutus, R. rosifolius, and Tibouchina herbacea, modify and 
destroy the native habitat of Ranunculus mauiensis and displace native 
plant species by competing for water, nutrients, light, and space; they 
may also produce chemicals that inhibit the growth of other plants 
(Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 
1990, p. 74; HBMP 2010; PEPP 2014, p. 155). Herbivory by slugs (Maui) 
and seed predation by rats (Maui, Kauai) are both reported as threats 
to R. mauiensis (HBMP 2010; PEPP 2014, pp. 154-155). Stochastic events 
such as drought (Maui), landslides (Kauai), and fire (Maui) are also 
reported as threats to R. mauiensis (HBMP 2010). Erosion is a threat to 
occurrences on Maui and Kauai (PEPP 2014, pp. 155-156). This species 
experiences reduced reproductive vigor due to low levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby lessening the probability of its long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini 
et al. (2013, p. 86) found that, as environmental conditions are 
altered by climate change, R. mauiensis is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to R. mauiensis described above.
    The remaining occurrences of Ranunculus mauiensis are at risk, the 
known individuals are restricted to small areas on Kauai and Maui, and 
continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
herbivory and predation by slugs and rats. Because of its small, 
isolated occurrences, landslides, drought, and erosion also negatively 
affect this species. The small number of remaining individuals limits 
this species' ability to adapt to environmental changes. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that this species is endangered throughout 
all of its range, and, therefore, find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
    Sanicula sandwicensis (NCN) is a stout, erect, perennial herb in 
the parsley family (Apiaceae) (Constance and Affolter 1999, p. 210). 
This species occurs from 6,500 to 8,500 ft (2,000 to 2,600 m) in 
shrubland and woodland on the islands of Maui and Hawaii Island, in the 
montane mesic (Hawaii Island and Maui), montane dry (Hawaii Island), 
and subalpine (Hawaii Island and Maui) ecosystems (Constance and 
Affolter 1999, p. 210; TNCH 2007; NTBG Database 2014, in litt.). 
Sanicula sandwicensis is historically known from Haleakala on Maui and 
from Mauna Kea, Mauna Loa, and Hualalai on Hawaii Island (Constance and 
Affolter 1999, p. 210). Currently, there are more than 50 individuals 
of S. sandwicensis on east and west Maui (MNTF 2010, in litt.; PEPP 
2011, pp. 162-164; Oppenheimer 2015, in litt.). In 2008, an occurrence 
of fewer than 20 individuals was found in Hawaii Volcanoes National 
Park (Benitez et al. 2008, p. 59). Following ungulate removal, this 
occurrence increased to as many as 45 individuals, with many juvenile 
plants

[[Page 67806]]

(Orlando 2015, in litt.). A single individual was found farther east at 
about 7,400 ft (Orlando 2015, in litt.).
    Feral pigs and goats modify and destroy the habitat of Sanicula 
sandwicensis on Maui, with evidence of the activities of these animals 
reported in the areas where this species occurs (PEPP 2011, pp. 162-
164; Oppenheimer 2015, in litt.). Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants modify and destroy the habitat of S. 
sandwicensis and displace native plant species by competing for water, 
nutrients, light, and space; they may also produce chemicals that 
inhibit the growth of other plants (Smith 1985, pp. 180-250; Vitousek 
et al. 1987 in Cuddihy and Stone 1990, p. 74; PEPP 2011, pp. 162-164). 
Those nonnative plants observed to directly affect S. sandwicensis and 
its habitat are Ageratina adenophora, Anthoxanthum odoratum (sweet 
vernalgrass), Epilobium ciliatum (willow herb), Holcus lanatus (common 
velvetgrass), Pinus spp., Prunella vulgaris, and Rubus argutus (PEPP 
2011, pp. 162-164). Stochastic events such as drought, flooding, and 
fires are all reported to pose threats to this species (PEPP 2011, pp. 
162-164). Erosion is a threat to occurrences on Maui (PEPP 2011, pp. 
162-163). Herbivory by rats also is a threat because they eat the 
taproot, killing the plant (Oppenheimer 2015, in litt.). This species 
experiences reduced reproductive vigor due to low levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby lessening the probability of its long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini 
et al. (2013, p. 88) found that, as environmental conditions are 
altered by climate change, S. sandwicensis is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to S. sandwicensis described above.
    The remaining occurrences of Sanicula sandwicensis are at risk; the 
known individuals are restricted to small areas on Maui and Hawaii 
Island and continue to be negatively affected by habitat modification 
and destruction by feral pigs and goats and by direct competition with 
nonnative plants. Stochastic events such as drought, flooding, erosion, 
and fires are threats to this species. The small number of remaining 
individuals limits this species' ability to adapt to environmental 
changes. The effects of climate change are likely to further exacerbate 
these threats. Because of these threats, we find that this species is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Santalum involutum (iliahi) is a shrub or small tree in the 
sandalwood family (Santalaceae) (Harbaugh et al. 2010, pp. 827-838). 
Habitat for S. involutum is mesic and wet forest on Kauai, from 400 to 
2,500 ft (120 to 750 m), in the lowland mesic and lowland wet 
ecosystems (TNCH 2007; Harbaugh et al. 2010, pp. 827-838). 
Historically, this species was known from northern Kauai at Kee, 
Hanakapiai, and Wainiha, and from southern Kauai at Wahiawa, but has 
not been observed in these areas for 30 years (Harbaugh et al. 2010, p. 
835). Currently, approximately 50 to 100 individuals occur in isolated 
forest pockets on Kauai (Harbaugh et al. 2010, p. 835; Wood 2015, in 
litt.).
    Feral pigs and goats modify and destroy the habitat of Santalum 
involutum on Kauai, with evidence of the activities of these animals 
reported in the areas where this species occurs (Harbaugh et al. 2010, 
pp. 835-836; Wood 2015, in litt.). Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants modify and destroy the native habitat 
of S. involutum and displace native plant species by competing for 
water, nutrients, light, and space; they may also produce chemicals 
that inhibit the growth of other plants (Smith 1985, pp. 180-250; 
Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). 
Nonnative plants reported to modify and destroy habitat of S. involutum 
include Clidemia hirta, Hedychium gardnerianum, Lantana camara, Melinis 
minutiflora, Psidium cattleianum, P. guajava, and Rubus argutus 
(Harbaugh et al. 2010, p. 836). Herbivory and seed predation by rats is 
a threat to this species (Harbaugh et al. 2010, p. 836; Wood 2015, in 
litt.). Wildfire is a threat to this species in mesic areas (Harbaugh 
et al. 2010, p. 836). This species experiences reduced reproductive 
vigor due to low levels of genetic variability, leading to diminished 
capacity to adapt to environmental changes, thereby lessening the 
probability of its long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361).
    The remaining occurrences of Santalum involutum are at risk; the 
known individuals are restricted to a small area on Kauai and continue 
to be negatively affected by habitat modification and destruction by 
ungulates, direct competition with nonnative plants, and by herbivory 
and fruit predation by rats. The small number of remaining individuals 
limits this species' ability to adapt to environmental changes. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to S. involutum described above. Because of these threats, we 
find that this species is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Schiedea diffusa ssp. diffusa (NCN) is a reclining or weakly 
climbing vine in the pink family (Caryophyllaceae) (Wagner et al. 1999, 
pp. 511-512; Wagner et al. 2005, pp. 103-106). Schiedea diffusa ssp. 
diffusa occurs in wet forest from 3,000 to 5,300 ft (915 to 1,600 m) on 
Molokai, and to 6,700 ft (2,050 m) on Maui, in the lowland wet (Maui) 
and montane wet (Maui and Molokai) ecosystems (Wagner et al. 1999, p. 
512; TNCH 2007; HBMP 2010). Historically, on Molokai, this subspecies 
was known from Kawela to Waikolu valleys, and on Maui it was wide-
ranging on both the east and west mountains (Wagner et al. 2005, p. 
106). Currently, S. diffusa ssp. diffusa is known only from east Maui 
in scattered occurrences (fewer than 50 individuals total), in a much 
smaller range, with some remaining in Haleakala National Park (HBMP 
2010; Gates 2015, in litt.). Two occurrences were observed within 
Hanawi NAR in 2005; however, their current status is unknown (Vetter 
2015, in litt.). On Molokai, there were two occurrences totaling fewer 
than 10 individuals; however, these have not been seen since the 1990s 
(HBMP 2010; Oppenheimer 2015, in litt.).
    Feral pigs modify and destroy the habitat of Schiedea diffusa ssp. 
diffusa on Maui and Molokai, with evidence of the activities of these 
animals reported in the areas where this subspecies occurs (HBMP 2010; 
PEPP 2014, p. 159). Ungulates are managed in Hawaii as game animals, 
but public hunting does not adequately control the numbers of

[[Page 67807]]

ungulates to eliminate habitat modification and destruction or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Adiantum raddianum (NCN), 
Ageratina adenophora, Hypochaeris radicata (hairy cat's ear), Juncus 
planifolius (rush), Passiflora tarminiana, Prunella vulgaris, Rubus 
argutus, and R. rosifolius, modify and destroy the native habitat of S. 
diffusa ssp. diffusa and displace native plant species by competing for 
water, nutrients, light, and space; they may also produce chemicals 
that inhibit the growth of other plants (Smith 1985, pp. 180-250; 
Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010; PEPP 
2014, p. 159). Herbivory by slugs and seed predation by rats are both 
reported as threats to this subspecies (HBMP 2010; PEPP 2014, p. 159; 
Duvall 2015, in litt.). This subspecies experiences reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, thereby 
lessening the probability of its long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361).
    The remaining occurrences of Schiedea diffusa ssp. diffusa are at 
risk. The known individuals are restricted to small areas on Maui and 
continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
herbivory and predation by slugs and rats. The small number of 
remaining individuals limits this subspecies' ability to adapt to 
environmental changes. Although we cannot predict the timing, extent, 
or magnitude of specific impacts, we do expect the effects of climate 
change to exacerbate the threats to S. diffusa ssp. diffusa described 
above. Because of these threats, we find that this subspecies is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Schiedea pubescens (maolioli) is a reclining or weakly climbing 
vine in the pink family (Caryophyllaceae) (Wagner et al. 1999, p. 519; 
Wagner et al. 2005, pp. 99-102). This species occurs in diverse mesic 
to wet Metrosideros forest from 2,000 to 4,000 ft (640 to 1,220 m) in 
the lowland wet, montane wet, montane mesic, and wet cliff ecosystems 
(Wagner et al. 1999, 519; Wagner et al. 2005, p 100; TNCH 2007; HBMP 
2010). Historically, on Molokai, this species was known from Kalae to 
Pukoo ridge; on Lanai, it was known from the Lanaihale summit area but 
has not been observed since 1922; on Maui, it was known from the 
western mountains at Olowalu, Kaanapali, and Waihee, with a possible 
occurrence the eastern mountains at Makawao (HBMP 2010). Currently, 
this species is known from one occurrence on Molokai totaling fewer 
than 30 individuals. The occurrence on east Maui has not been re-
observed, but this species is found at seven locations on west Maui 
(Wood 2001, in litt.; Oppenheimer 2006, in litt.; Bakutis 2010, in 
litt.; HBMP 2010; MNTF 2010, in litt.; Oppenheimer 2010, in litt.; PEPP 
2014, pp. 162-163; Oppenheimer 2015, in litt.). It was determined that 
the report of 4 to 6 individuals of S. pubescens at the PTA on Hawaii 
Island was a misidentification of individuals from the species Schiedea 
hawaiiensis (Wagner et al. 2005, pp. 93, 95).
    Feral pigs, goats, axis deer, and cattle modify and destroy the 
habitat of Schiedea pubescens on Maui and Molokai, with evidence of the 
activities of these animals reported in the areas where this species 
occurs (HBMP 2010; PEPP 2014, p. 162). Ungulates are managed in Hawaii 
as game animals (except for cattle), but public hunting does not 
adequately control the numbers of ungulates to eliminate habitat 
modification and destruction or herbivory by these animals (Anderson et 
al. 2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as 
Buddleja asiatica, Cestrum nocturnum (night cestrum), Clidemia hirta, 
Erigeron karvinskianus, Psidium cattleianum, Rubus rosifolius, and 
Tibouchina herbacea, modify and destroy the native habitat of S. 
pubescens and displace native plant species by competing for water, 
nutrients, light, and space; they may also produce chemicals that 
inhibit the growth of other plants (Smith 1985, pp. 180-250; Vitousek 
et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010; PEPP 2014, pp. 
162-163). Herbivory by slugs and seed predation by rats are both 
reported to be threats to S. pubescens on Maui (HBMP 2010; PEPP 2014, 
p. 162; Duvall 2015, in litt.). Stochastic events such as drought, 
erosion, fire, and flooding are also reported as threats to S. 
pubescens (HBMP 2010; PEPP 2014, p. 162; Oppenheimer 2015, in litt.). 
This species is outcrossing; however, very low population sizes may 
have reduced its genetic variation (Weller 2015, in litt.). Fortini et 
al. (2013, p. 88) found that, as environmental conditions are altered 
by climate change, S. pubescens is unlikely to tolerate or adapt to 
projected changes in temperature and moisture, and is unlikely to be 
able to move to areas with more suitable climatic conditions. Although 
we cannot predict the timing, extent, or magnitude of specific impacts, 
we do expect the effects of climate change to exacerbate the threats to 
S. pubescens described above.
    The remaining occurrences of Schiedea pubescens are at risk. The 
known individuals are restricted to small areas on Molokai and Maui, 
and continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
herbivory and predation by slugs and rats. Landslides, flooding, fire, 
and drought impact this species. The small number of remaining 
individuals limits this species' ability to adapt to environmental 
changes. The effects of climate change are likely to further exacerbate 
these threats. Because of these threats, we find that this species is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Sicyos lanceoloideus (anunu) is a perennial vine in the gourd 
family (Cucurbitaceae) (Telford 1999, p. 581; Wagner and Shannon 1999, 
p. 444). Sicyos lanceoloideus occurs on ridges or spurs in mesic forest 
from 1,800 to 2,700 ft (550 to 800 m), in the dry cliff (Oahu), lowland 
mesic (Oahu, Kauai), and montane mesic (Kauai) ecosystems (Telford 
1999, p. 581; TNCH 2007; HBMP 2010). Sicyos lanceoloideus was 
historically found at Kalalau Valley and Waimea Canyon on Kauai and in 
the Waianae Mountains on Oahu (Telford 1999, p. 581). Currently, on 
Kauai, there are four individuals in three locations (Kishida 2015, in 
litt.). On Oahu, this species occurs in 5 locations in the Waianae 
Mountains totaling fewer than 35 individuals (HBMP 2010; U.S. Army 2014 
database). Because this species is a vine, determining exact numbers is 
difficult (PEPP 2013, p. 189). In addition, occurrences and numbers 
vary widely as individuals have been observed to persist for fewer than 
7 years (Sailer 2015, in litt.).
    Feral pigs, goats, and black-tailed deer modify and destroy the 
habitat of Sicyos lanceoloideus on Kauai and Oahu, with evidence of the 
activities of these animals reported in the areas where this species 
occurs (HBMP 2010; PEPP 2013, p. 189; PEPP 2014, p. 166; Williams 2015, 
in litt.). Ungulates are managed in Hawaii as game animals, but public 
hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction or herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in

[[Page 67808]]

litt.). Nonnative plants, such as Clidemia hirta, Lantana camara, Melia 
azedarach (chinaberry), Paspalum urvillei (vasey grass), Passiflora 
edulis, Pluchea carolinensis (sourbush), Psidium cattleianum, P. 
guajava, Ricinus communis (castor bean), Rubus argutus, Schinus 
terebinthifolius, and Stachytarpheta jamaicensis, modify and destroy 
the native habitat of Sicyos lanceoloideus, and displace native plant 
species by competing for water, nutrients, light, and space; they may 
also produce chemicals that inhibit the growth of other plants (Smith 
1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 
74; HBMP 2010; Sailer 2015, in litt.). Drought is also reported as a 
threat to S. lanceoloideus (PEPP 2014, p. 166; HBMP 2010; Sailer 2015, 
in litt.). Fires are a threat to the occurrence in the Waianae 
Mountains of Oahu (Sailer 2015, in litt.). Because of the small 
remaining number of individuals, this species experiences reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, thereby 
lessening the probability of its long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini et al. (2013, 
p. 89) found that, as environmental conditions are altered by climate 
change, S. lanceoloideus is unlikely to tolerate or adapt to projected 
changes in temperature and moisture, and is unlikely to be able to move 
to areas with more suitable climatic conditions. Although we cannot 
predict the timing, extent, or magnitude of specific impacts, we do 
expect the effects of climate change to exacerbate the threats to S. 
lanceoloideus described above.
    The remaining occurrences of Sicyos lanceoloideus are at risk. The 
known individuals are restricted to small areas on Kauai and Oahu and 
continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
stochastic events such as drought and fire. The small number of 
remaining individuals limits this species' ability to adapt to 
environmental change. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that this species is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Sicyos macrophyllus (anunu) is a perennial vine in the gourd family 
(Cucurbitaceae) (Telford 1999, p. 578; Wagner and Shannon 1999, p. 
444). Typical habitat is wet Metrosideros polymorpha forest and Sophora 
chrysophylla-Myoporum sandwicense (mamane-naio) forest, from 4,000 to 
6,600 ft (1,200 to 2,000 m) in the montane mesic (Hawaii Island), 
montane wet (Maui), and montane dry (Hawaii Island) ecosystems (Telford 
1999, p. 578; TNCH 2007; HBMP 2010). Historically, S. macrophyllus was 
known from Puuwaawaa, Laupahoehoe, Puna, and South Kona on Hawaii 
Island, and from Kipahulu Valley on the island of Maui (HBMP 2010). 
Currently, S. macrophyllus is known from 10 occurrences totaling 
between 24 and 26 individuals on Hawaii Island (Bio 2008, pers. comm.; 
Pratt 2008, in litt.; HBMP 2010; Evans 2015b, in litt.; Orlando 2015, 
in litt.). This species has been outplanted at several sites in Hawaii 
Volcanoes National Park and is persisting (Orlando 2015, in litt.). The 
individual on Maui has not been observed since 1987 (HBMP 2010).
    Feral pigs, mouflon, and cattle modify and destroy the habitat of 
Sicyos macrophyllus on the island of Hawaii, with evidence of the 
activities of these animals reported in the areas where this species 
occurs (HBMP 2010). Ungulates are managed in Hawaii as game animals 
(except for cattle), but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction 
or herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants, such as Cenchrus setaceus, Delairea 
odorata (German ivy), Ehrharta stipoides, and Pennisetum clandestinum, 
modify and destroy the native habitat of S. macrophyllus and displace 
native plant species by competing for water, nutrients, light, and 
space; they may also produce chemicals that inhibit the growth of other 
plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and 
Stone 1990, p. 74; HBMP 2010). Seed predation by rats is reported to 
pose a threat to this species (HBMP 2010). Stochastic events such as 
fire are also reported as a threat to S. macrophyllus (HBMP 2010). This 
species experiences reduced reproductive vigor due to low levels of 
genetic variability, leading to diminished capacity to adapt to 
environmental changes, thereby lessening the probability of its long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361). Fortini et al. (2013, p. 89) found that, as environmental 
conditions are altered by climate change, S. macrophyllus is unlikely 
to tolerate or adapt to projected changes in temperature and moisture, 
and is unlikely to be able to move to areas with more suitable climatic 
conditions. Although we cannot predict the timing, extent, or magnitude 
of specific impacts, we do expect the effects of climate change to 
exacerbate the threats to S. macrophyllus described above.
    The remaining occurrences of Sicyos macrophyllus are at risk. The 
only known individuals are restricted to small areas on Hawaii Island 
and continue to be negatively affected habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
seed predation by rats. Fire is also a threat to this species. The 
small number of remaining individuals limits this species' ability to 
adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that this species is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Solanum nelsonii (popolo) is a sprawling or trailing shrub up to 3 
ft (1 m) tall, in the nightshade family (Solanaceae) (Symon 1999, pp. 
1273-1274). Typical habitat for this species is coral rubble or sand in 
coastal sites up to 490 ft (150 m), in the coastal ecosystem (Symon 
1999, pp. 1273-1274; TNCH 2007; HBMP 2010). Historically, S. nelsonii 
was known from Kaalualu, Kamilo, and Kaulana Bay, and South Point (5 
individuals total) on Hawaii Island; from Kealea Bay, Kawaewaae, and 
Leahi on Niihau; and from the Northwest Hawaiian Islands of Nihoa, 
Laysan, Pearl and Hermes, and Kure Atoll (Green Island) (Lamoureux 
1963, p. 6; Clapp et al. 1977, p. 36; HBMP 2010). This species was last 
collected on Niihau in 1949 (HBMP 2010). The only known individual on 
Maui was reported to have disappeared in the mid-1990s after cattle had 
been allowed to graze in its last known habitat (HBMP 2010; Duvall 
2015, in litt.). Currently, S. nelsonii occurs in the coastal ecosystem 
on the islands of Hawaii and Molokai (approximately 50 individuals), 
and on the Northwest Hawaiian Islands of Kure (an unknown number of 
individuals), Midway (approximately 260 individuals on Sand, Eastern, 
and Spit islands), Laysan (approximately 490 individuals), Pearl and 
Hermes (30 to 100 individuals), and Nihoa (8,000 to 15,000 individuals) 
(Aruch 2006, in litt.; Rehkemper 2006, in litt.; Tangalin 2006, in 
litt.; Bio 2008 a and 2008b, in litt.; Vanderlip 2011, in litt.; Conry 
2012, in litt.; PEPP 2013, pp. 190-191).

[[Page 67809]]

    Axis deer and feral cattle modify and destroy the habitat of 
Solanum nelsonii on the main Hawaiian islands of Maui, Molokai, and 
Hawaii, with evidence of the activities of these animals reported in 
the areas where this species occurs (HBMP 2010). Ungulates are managed 
in Hawaii as game animals (except for cattle), but public hunting does 
not adequately control the numbers of ungulates to eliminate habitat 
modification and destruction, and herbivory by these animals (Anderson 
et al. 2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such 
as Lantana camara, Leucaena leucocephala, Pennisetum ciliare, Prosopis 
pallida, and Setaria verticillata (bristly foxtail), modify and destroy 
the native habitat of S. nelsonii both on the main Hawaiian Islands and 
on some of the Northwest Hawaiian Islands (HBMP 2010). Nonnative plants 
displace native plant species by competing for water, nutrients, light, 
and space, or they may produce chemicals that inhibit the growth of 
other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy 
and Stone 1990, p. 74; PEPP 2008, p. 110; HBMP 2010). Seed predation by 
rats has been reported as a threat to S. nelsonii on Molokai (PEPP 
2014, p. 167). Stochastic events such as drought, erosion, fire, and 
flooding are also reported as threats to S. nelsonii (HBMP 2010; PEPP 
2014, p. 167). In 2011, a tsunami swept over Midway Atoll's Eastern 
Island and Kure Atoll's Green Island, inundating S. nelsonii plants, 
spreading plastic debris, and destroying seabird nesting areas, 
reaching about 500 ft (150 m) inland (DOFAW 2011, in litt.; Starr 2011, 
in litt.; USFWS 2011, in litt.). Occurrences of this species on the 
main Hawaiian Islands and on some of the Northwest Hawaiian Islands 
experience reduced reproductive vigor due to low levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby lessening the probability of its long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). The 
effects of climate change resulting in sea-level rise will alter 
environmental conditions and ecosystem that support this species. 
Fortini et al. (2013, p. 89) found that, as environmental conditions 
are altered by climate change, S. nelsonii is unlikely to tolerate or 
adapt to projected changes in temperature and moisture, and is unlikely 
to be able to move to areas with more suitable climatic conditions. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to S. nelsonii described above.
    The remaining occurrences of Solanum nelsonii on the main Hawaiian 
Islands are restricted to small areas of Molokai and Hawaii Island, and 
continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
herbivory and predation by rats. Even though most individuals of S. 
nelsonii in the Northwestern Hawaii Islands are found on lands managed 
by the Service as part of the Hawaiian Islands National Wildlife 
Refuge, the relatively isolated occurrences of S. nelsonii there are 
negatively affected by nonnative plants. The small number of remaining 
individuals limits this species' ability to adapt to environmental 
changes. A tsunami occurred and impacted habitat for this species, and 
sea level rise associated with global warming will modify and destroy 
habitat for S. nelsonii in the low-lying Northwestern Hawaiian Islands. 
Because of these threats, we find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Stenogyne kaalae ssp. sherffii (NCN) is a climbing vine in the mint 
family (Lamiaceae) (Wagner and Weller 1999, pp. 448-449; Weller and 
Sakai 1999, p. 838). This species occurs in the Koolau Mountains of 
Oahu, in diverse forest from 1,500 to 1,600 ft (450 to 490 m) in the 
lowland wet ecosystem (Wagner and Weller 1999, pp. 448-449; TNCH 2007; 
HBMP 2010; U.S. Army 2014 database). Stenogyne kaalae ssp. sherffii is 
historically known from diverse mesic forest in the Waianae Mountains 
of Oahu, and from the lowland wet ecosystem of the Koolau Mountains 
(although, as described in the proposed rule, it was thought to be a 
different species, S. sherffii, until the mid-1990s). This subspecies 
occurred within a very small range in the northern Koolau Mountains, 
but now all wild individuals are extirpated. There are propagules from 
collections from those plants that have been outplanted in the same 
areas (PEPP 2014, p. 169; Ching Harbin 2015, in litt.).
    Feral pigs modify and destroy the habitat of Stenogyne kaalae ssp. 
sherffii on Oahu, with evidence of the activities of these animals 
reported in the areas where this subspecies occurred (HBMP 2010; PEPP 
2014, p. 169). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat destruction and modification, and herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants, such as Blechnum appendiculatum (NCN), Clidemia 
hirta, Cyclosorus parasiticus (NCN), Psidium cattleianum, and Rubus 
rosifolius, destroy and modify the native habitat of S. kaalae ssp. 
sherffii and displace native plant species by competing for water, 
nutrients, light, and space; they may also produce chemicals that 
inhibit the growth of other plants (Smith 1985, pp. 180-250; Vitousek 
et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). This 
subspecies experiences reduced reproductive vigor due to low levels of 
genetic variability, leading to diminished capacity to adapt to 
environmental changes, thereby lessening the probability of its long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361). Fortini et al. (2013, p. 90) found that, as environmental 
conditions are altered by climate change, S. kaalae ssp. sherffii is 
unlikely to tolerate or adapt to projected changes in temperature and 
moisture, and is unlikely to be able to move to areas with more 
suitable climatic conditions. Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to S. kaalae ssp. sherffii 
described above.
    Any remaining occurrences of Stenogyne kaalae ssp. sherffii are at 
risk; the last known wild individuals were restricted to a very small 
area on Oahu, and the habitat continues to be negatively affected by 
habitat modification and destruction by ungulates and direct 
competition with nonnative plants. The small number of remaining 
individuals (outplanted only) limits this subspecies' ability to adapt 
to environmental changes. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that this subspecies is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Wikstroemia skottsbergiana (akia) is a shrub or small tree in the 
akia family (Thymelaceae) (Peterson 1999, p. 1290). Wikstroemia 
skottsbergiana occurs in wet forest on the island of Kauai, in the 
lowland wet ecosystem (Peterson 1999, p. 1290; TNCH 2007). Wikstroemia 
skottsbergiana is historically known from the Wahiawa Mountains, 
Hanalei Valley, and Kauhao Valley, on the island of Kauai (Peterson 
1999, p. 1290). Currently, this species is limited to 30

[[Page 67810]]

individuals at one location (PEPP 2012, p. 26; Wood 2015, in litt.).
    Feral pigs and goats destroy and modify the habitat of Wikstroemia 
skottsbergiana on Kauai, with evidence of the activities of these 
animals reported in the areas where this species occurs (DLNR 2005, in 
litt.; Wood 2015, in litt.). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat destruction and modification or 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants destroy and modify the native habitat 
of W. skottsbergiana and displace native plant species by competing for 
water, nutrients, light, and space; they may also produce chemicals 
that inhibit the growth of other plants (Smith 1985, pp. 180-250; 
Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). 
Predation of seeds by rats is a threat to this species (DLNR 2005, in 
litt.). Landslides are a threat to the only known occurrence of this 
species (Wood 2015, in litt.). This species experiences reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, thereby 
lessening the probability of its long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; DLNR 2005, in litt.).
    The remaining occurrences of Wikstroemia skottsbergiana are at 
risk. The known individuals are restricted to a very small area on 
Kauai and continue to be negatively affected by habitat modification 
and destruction by ungulates, direct competition with nonnative plants, 
and seed predation by rats. The small number of remaining individuals 
limits this species' ability to adapt to environmental changes. 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to W. skottsbergiana described above. Because of these threats, 
we find that this species is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.

Animals

Band-Rumped Storm-Petrel (Oceanodroma castro)--Hawaii Population
    The band-rumped storm-petrel, a small seabird, is a member of the 
family Hydrobatidae (order Procellariiformes) and a member of the 
Northern Hemisphere subfamily Hyrdrobatinae (Slotterback 2002, p. 2). 
This seabird is found in several areas of the subtropical Pacific and 
Atlantic Oceans (del Hoyo et al. 1992 in Bird Life International 2015, 
in litt.). The Atlantic breeding populations are restricted to islands 
in the eastern portions: Cape Verde, Ascension, Madeira, and the Azores 
Islands (Allan 1962, p. 274; Harrison 1983, p. 274). Wintering birds 
may occur as far west as the mid-Atlantic; however, Atlantic breeding 
populations are not within the borders of the United States or in areas 
under U.S. jurisdiction. Three widely separated breeding areas occur in 
the Pacific: in Japan, Hawaii, and Galapagos (Richardson 1957, p. 19; 
Harris 1969, p. 96; Harrison 1983, p. 274). The Japanese population, 
which breeds on islets off the east coast of Japan (Hidejima and 
Sanganjima in Allan 1962, p. 274; Harris 1969, p. 96), ranges within 
860 mi (1,400 km) east and south of the breeding colonies. Populations 
in Japan and Galapagos total as many as 23,000 pairs (Boersma and Groom 
1993, p. 114); however, a recent survey on Hidejima Island revealed 
only 117 burrows, some of which were occupied by Leach's storm petrels 
(Oceanodroma leucorhoa) (Biodiversity Center of Japan 2014, p. 1). 
Surveyors noted that the nesting area had been affected by extensive 
erosion caused by the 2011 earthquake and tsunami (Biodiversity Center 
of Japan 2014, p. 1).
    When Polynesians arrived about 1,500 years ago, the band-rumped 
storm-petrel probably was common on all of the main Hawaiian Islands 
(Harrison et al. 1990, pp. 47-48). As evidenced by bones found in 
middens on Hawaii Island (Harrison et al. 1990, pp. 47-48) and in 
excavation sites on Oahu and Molokai (Olson and James 1982, pp. 30, 
33), band-rumped storm-petrels were once numerous enough to be 
harvested for food and possibly for their feathers (Harrison et al. 
1990, p. 48).
    In Hawaii, band-rumped storm-petrels are known to nest in remote 
cliff locations on Kauai and Lehua Island, in steep open to vegetated 
cliffs, and in little vegetated, high-elevation lava fields on Hawaii 
Island (Wood et al. 2002, p. 17-18; VanderWerf et al. 2007, pp. 1, 5; 
Joyce and Holmes 2010, p. 3; Banko 2015 in litt.; Raine 2015, in 
litt.). Vocalizations were heard in Haleakala Crater on Maui in 1992 
(Johnston 1992, in Wood et al. 2002, p. 2), on Lanai (Penniman 2015, in 
litt.), and in Hawaii Volcanoes National Park (Orlando 2015, in litt.). 
Based on the scarcity of known breeding colonies in Hawaii and their 
remote, inaccessible locations today compared to prehistoric population 
levels and distribution, the band-rumped storm-petrel appears to be 
significantly reduced in numbers and range following human occupation 
of the Hawaiian Islands, likely as a result of predation by nonnative 
mammals and habitat loss.
    Taxonomists have typically combined the Pacific populations of 
band-rumped storm-petrel into a single taxon, and currently the 
American Ornithologist's Union (AOU) regards the species as monotypic 
(2015, in litt.). However, molecular studies are ongoing and indicate 
genetic differences between populations in different oceans and 
archipelagos (Friesen et al. 2007b, pp. 18590-18952; Smith et al. 2007, 
p. 770; Taylor et al., in prep in Raine 2015, in litt.) and between 
sympatric populations that breed in different seasons (e.g., in the 
Galapagos Islands; Smith and Friesen 2007, pp. 1599-1560; Smith et al. 
2007, p. 756).
    Band-rumped storm-petrels are regularly observed in coastal waters 
around Kauai, Niihau, and Hawaii Island (Harrison et al. 1990, p. 49; 
Holmes and Joyce 2009, 4 pp.), and in ``rafts'' (regular 
concentrations) of a few birds to as many as 100, possibly awaiting 
nightfall before coming ashore to breeding colonies. Kauai likely has 
the largest population, with an estimated 221 nesting pairs in cliffs 
along the north shore of the island in 2002, and additional 
observations on the north and south side of the island in 2010 
(Harrison et al. 1990, p. 49; Wood et al. 2002, pp. 2-3; Holmes and 
Joyce 2009, 4 pp.; Joyce and Holmes 2010, pp. 1-3). Audio detections 
for Kauai indicate this species may be predominantly breeding on the Na 
Pali coast and Waimea Canyon, with a very small number in Wainiha 
Valley (Raine 2015, in litt.). The band-rumped storm-petrel is also 
known from Lehua Island (as detected there by auditory surveys) 
(VanderWerf et al. 2007, p.1; Raine 2015, in litt.), Maui (Mitchell et 
al. 2005, in litt.), Kahoolawe (Olson 1992, pp. 38, 112), Lanai 
(Penniman 2015, in litt.) and Hawaii Island (Mitchell et al. 2005, in 
litt.; Orlando 2015, in litt.). Additional surveys have been conducted 
on several islands in recent years, including surveys confirming the 
presence of band-rumped storm-petrels at the PTA on Hawaii Island, but 
further data are not yet available (Swift 2015, in litt.). The species 
likely once nested in coastal Maui, where the remains of a chick were 
found in 1999, and islands such as Niihau and Kaula, where surveys have 
not been conducted, likely have suitable nesting habitat and may harbor 
the species (Penniman 2015, in litt.). We do

[[Page 67811]]

not have a current estimate of total numbers in Hawaii at this time.
    Nesting sites are in burrows and in crevices, holes, and on 
protected ledges along cliff faces, where a single egg is laid (Allan 
1962, p. 274-275; Harris 1969, pp. 104-105; Slotterback 2002, p. 11). 
Predation by nonnative animals on nests and adults during the breeding 
season is the greatest threat to the Hawaiian population of the band-
rumped storm-petrel. These predators include feral cats (Felis catus), 
barn owls (Tyto alba), small Indian mongoose (Herpestes auropunctatus), 
black rats (Rattus rattus), Norway rats (R. norvegicus), and Polynesian 
rats (R. exulans) (Scott et al. 1986, pp. 1, 363-364; Tomich 1986, pp. 
37-45; Harrison et al. 1990, pp. 47-48; Slotterback 2002, p. 19; Raine 
2015, in litt.). Attraction of fledglings to artificial lights and 
collisions with structures, such as communication towers and utility 
lines, is also a threat (Reed et al. 1985, p. 377; Telfer et al. 1987, 
pp. 412-413; Harrison et al. 1990, p. 49; Banko et al. 1991, p. 651; 
Cooper and Day 1998, p. 18; Podolsky et al. 1998, pp. 21, 27-30; Holmes 
and Joyce 2009, p. 2). Monitoring of power lines on Kauai has recorded 
over 1,000 strikes by seabirds annually (mostly Newell's shearwaters 
(Puffinus newelli); Travers et al. 2014, pp. 19, 42) that may result in 
injury or death. Recent studies of attraction of seabirds to artificial 
lights indicate that 40 percent of those downed by exhaustion (from 
circling the lights) are killed by collisions with cars or other 
objects (Anderson 2015, p. 4-13). The small numbers of these birds and 
their nesting areas on remote cliffs make population-level impacts 
difficult to document. However, the band-rumped storm-petrel has 
similar behavior, life-history traits, and habitat needs to the 
Newell's shearwater, a threatened species that has sustained major 
losses as a result of light attraction and collisions with lines or 
other objects (Banko et al. 1991, p. 651; Banko 2015, in litt.; Raine 
2015, in litt.). Therefore, we conclude that these are threats to the 
band-rumped storm-petrel as well. Erosion and landslides at nest sites 
caused by the actions of nonnative ungulates is a threat in some 
locations on the island of Kauai (Raine 2015, in litt.). Nonnative 
plants outcompete native plants and can also affect nesting sites of 
the band-rumped storm-petrel by accelerating erosion, leading to 
landslides and rockfalls (Wood et al. 2002, pp. 7-19). Regulatory 
mechanisms (e.g., the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703 et 
seq.)) contribute minimally to the active recovery and management of 
this species (USFWS 2013, in litt.). The small population size and 
limited distribution of the band-rumped storm-petrel in Hawaii is a 
threat to this population (Soul[eacute] 1987, p. 8; Lande 1988, pp. 
1455, 1458-1459; Harrison et al. 1990, p. 50; Furness 2003, p. 33). 
During the breeding season, a single hurricane or landslide caused by 
erosion could cause reproductive failure and kill a significant number 
of adult birds. Commercial fisheries and ocean pollution have negative 
impacts to seabirds, and also are likely to have negative impacts to 
the band-rumped storm petrel, although the information about the 
impacts of fisheries and plastics on storm-petrel species is limited. 
In this rule, our listing determination applies only to the Hawaiian 
population of the band-rumped storm-petrel (see Distinct Population 
Segment (DPS) Analysis, below). Because of the deleterious and 
cumulative effects to the band-rumped storm-petrel caused by the 
threats described above, we find that the Hawaii population is 
endangered throughout its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
Yellow-Faced Bees (Hylaeus spp.)
    Bees in the genus Hylaeus (family Colletidae), which includes the 
seven species in this final rule, are commonly known as yellow-faced 
bees or masked bees for their yellow-to-white facial markings. All 
Hylaeus bees roughly resemble small wasps in appearance; however, 
Hylaeus bees have plumose (branched) hairs on the body that are longest 
on the sides of the thorax, which readily distinguish them from wasps 
(Michener 2000, in litt.). Bees in the family Colletidae are also 
referred to as plasterer bees because they line their nests with a 
self-secreted, cellophane-like material. Eggs hatch and develop into 
larvae (immature stage) and as larvae grow, they molt through three 
successive stages (instars), then change into pupae (a resting form) in 
which they metamorphose and emerge as adults (Michener 2000, in litt.). 
The diet of the larval stages is unknown, although it is presumed the 
larvae feed on stores of pollen and nectar collected and deposited in 
the nest by the adult female.
Yellow-Faced Bee (Hylaeus anthracinus)
    Hylaeus anthracinus was historically known from numerous coastal 
and lowland dry forest habitats up to 2,000 ft (610 m) in elevation on 
the islands of Hawaii, Maui, Lanai, Molokai, and Oahu, and in some 
areas was ``locally abundant.'' Between 1997 and 1998, surveys for 
Hawaiian Hylaeus were conducted at 43 sites that were either historical 
collecting localities or potential suitable habitat. Hylaeus 
anthracinus was observed at 13 of the 43 survey sites, but was not 
found at any of the 9 historically occupied sites (Daly and Magnacca 
2003, p. 217). Several of the historical collection sites have been 
urbanized or are dominated by nonnative vegetation (Liebherr and 
Polhemus 1997, pp. 346-347; Daly and Magnacca 2003, p. 55; Magnacca 
2007, pp. 186-188). There has been a dramatic decline in abundance or 
presence of H. anthracinus since surveys conducted in 1999 through 
2002, noted on surveys conducted between 2011 and 2013 (Magnacca 2015, 
in litt.). Currently, H. anthracinus is known from 15 small patches of 
coastal and lowland dry forest habitat (Magnacca 2005a, in litt., p. 
2); 5 locations on the island of Hawaii in the coastal ecosystem; 2 
locations on Maui in the coastal and lowland dry ecosystems; 1 location 
on Kahoolawe in the lowland dry ecosystem; 3 locations on Molokai in 
the coastal ecosystem, and 4 locations on Oahu in the coastal ecosystem 
(Daly and Magnacca 2003, p. 217; Magnacca 2005a, in litt., p. 2; 
Magnacca and King 2013, pp. 13-14; Graham 2015, in litt.). These 15 
locations supported small populations of H. anthracinus, but the number 
of individual bees is unknown. In 2004, a single individual was 
collected in montane dry forest on the island of Hawaii (possibly a 
vagrant); however, the presence of additional individuals has not been 
confirmed at this site (Magnacca 2005a, in litt., p. 2). Although this 
species was previously unknown from the island of Kahoolawe, it was 
observed at one location on the island in 2002 (Daly and Magnacca 2003, 
p. 55). Additionally, during surveys between 1997 and 2008, H. 
anthracinus was absent from 17 other sites with potentially suitable 
habitat from which other species of Hylaeus were collected (Daly and 
Magnacca 2003, pp. 4, 55) on Hawaii Island, Maui, Lanai, Molokai, and 
Oahu.
    Habitat destruction and modification by urbanization and land use 
conversion lead to the direct fragmentation of foraging and nesting 
areas used by Hylaeus anthracinus. Habitat destruction and modification 
by nonnative plants adversely impacts native plant species by modifying 
the availability of light, altering soil-water regimes, modifying 
nutrient cycling, altering the fire characteristics

[[Page 67812]]

(increasing the fire cycle), and ultimately converting native dominated 
plant communities to nonnative plant communities, and results in 
removal of food sources and nesting sites for H. anthracinus (Graham 
2015, in litt.). Habitat modification and destruction by nonnative 
animals such as feral pigs, goats, axis deer, and cattle, is considered 
one of the primary factors underlying degradation of native vegetation 
in the Hawaiian Islands, and these habitat changes also remove food 
sources and nesting sites for H. anthracinus (Stone 1985, pp. 262-263; 
Cuddihy and Stone 1990, pp. 60-66, 73). Fire is a threat to H. 
anthracinus, as it destroys native coastal and lowland plant 
communities on which the species depends, and opens habitat for 
increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to the 
coastal and lowland dry ecosystems (Brown and Smith 2000, p. 172). A 
single grass-fueled fire often kills most native trees and shrubs in 
the area (D'Antonio and Vitousek 1992, p. 74) and could destroy food 
and nesting resources for H. anthracinus. The number and size of 
wildfires are increasing in the main Hawaiian Islands; however, their 
occurrences and locations are unpredictable, and could affect habitat 
for yellow-faced bees at any time (Gima 1998, in litt.; County of Maui 
2009, Ch. 3, p. 3; Hamilton 2009, in litt.; Honolulu Advertiser 2010, 
in litt.; Pacific Disaster Center 2011, in litt.). Random, naturally 
occurring events such as hurricanes, tsunami, and drought can also 
modify and destroy habitat of H. anthracinus by creating disturbed 
areas conducive to invasion by nonnative plants and by eliminating food 
and nesting resources (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2; Magnacca 2015, in litt.). Predation by 
nonnative ants including the big-headed ant (Pheidole megacephala), the 
yellow crazy ant (Anoplolepis gracilipes), Solenopsis papuana (NCN), 
and S. geminata (NCN) on Hylaeus egg, larvae, and pupal stages is a 
threat to H. anthracinus, and ants also compete with H. anthracinus for 
their nectar food and nesting resources (Howarth 1985, p. 155; Hopper 
et al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155; Graham 2015, in litt.). Predation by 
nonnative western yellow jacket wasps (Vespula pensylvanica) is a 
threat to H. anthracinus because the wasp is an aggressive, generalist 
predator, and occurs in great numbers in many habitat types, from sea 
level to over 8,000 ft (2,450 m), including areas where H. anthracinus 
and other yellow-faced bees occur (Gambino et al. 1987, p. 169; Graham 
2015, in litt.). Existing regulatory mechanisms and agency policies do 
not address the primary threats to the yellow-faced bees and their 
habitat from nonnative ungulates. Competition with nonnative bees 
(honeybees, carpenter bees, sweat bees (Lasioglossum spp.), and alien 
Hylaeus bees) for nectar and pollen, and by exclusion from foraging, is 
a potential threat to H. anthracinus (Magnacca 2007, p. 188; Graham 
2015, in litt.; Magnacca 2015, in litt.). The small number of 
populations and individuals of H. anthracinus makes this species more 
vulnerable to extinction because of the higher risks from genetic 
bottlenecks, random demographic fluctuations, and localized 
catastrophes such as hurricanes, tsunami, and drought (Daly and 
Magnacca 2003, p. 3; Magnacca 2007, p. 173; Magnacca 2015, in litt.). 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to H. anthracinus described above. In addition, disease has 
been suggested as a threat, as pathogens carried by nonnative bees, 
wasps, and ants could be transmitted to H. anthracinus through shared 
food sources (Graham 2015, in litt.); however, we have no reports of 
this type of disease transmission at this time.
    The remaining populations of Hylaeus anthracinus and its habitat 
are at risk. The known individuals are restricted to 15 locations on 
Hawaii, Maui, Kahoolawe, Molokai, and Oahu and continue to be 
negatively affected by habitat destruction and modification by 
urbanization and land-use conversion, and by habitat destruction and 
removal of food and nesting sites by nonnative ungulates and nonnative 
plants. Habitat destruction by fire is a threat. Randomly occurring 
events such as hurricanes and drought modify habitat and remove food 
and nesting sources for H. anthracinus. Predation by nonnative ants and 
wasps is a threat. Existing regulatory mechanisms and agency policies 
do not address the primary threats to the yellow-faced bees and their 
habitat from nonnative ungulates. Competition with nonnative bees for 
food and nesting sites is a threat. The small number of remaining 
populations limits this species' ability to adapt to environmental 
changes. The effects of climate change are likely to further exacerbate 
these threats. Because of these threats, we find that H. anthracinus is 
endangered throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
Yellow-Faced Bee (Hylaeus assimulans)
    Historically, Hylaeus assimulans was known from numerous coastal 
and lowland dry forest habitats up to 2,000 ft (610 m) in elevation on 
the islands of Maui (coastal and lowland dry ecosystems), Lanai 
(lowland dry ecosystem), and Oahu (coastal and lowland dry ecosystem). 
There are no collections from Molokai although it is likely H. 
assimulans occurred there because all other species of Hylaeus known 
from Maui, Lanai, and Oahu also occurred on Molokai (Daly and Magnacca 
2003, pp. 217-229). Between 1997 and 1998, surveys for Hawaiian Hylaeus 
were conducted at 25 sites on Maui, Kahoolawe, Lanai, Molokai, and 
Oahu. Hylaeus assimulans was absent from 6 of its historical localities 
on Maui, Lanai, and Oahu, and was not observed at the remaining 19 
sites with potentially suitable habitat (Daly and Magnacca 2003, pp. 
56, 217; Magnacca 2005b, in litt., p. 2; Magnacca 2007, pp. 177, 181, 
183; Xerces Society 2009, p. 4). Currently, H. assimulans is known from 
a few small patches of coastal and lowland dry forest habitat (Magnacca 
2005b, in litt., p. 2) in two locations on Maui in the lowland dry 
ecosystem; one location on Kahoolawe in the coastal ecosystem; and two 
locations on Lanai in the lowland dry ecosystem (Daly and Magnacca 
2003, p. 58; Magnacca 2005b, in litt., p. 2). This species has likely 
been extirpated from Oahu because it has not been observed since 
Perkin's 1899 surveys, and was not found during recent surveys of 
potentially suitable habitat on Oahu at Kaena Point, Makapuu, and 
Kalaeloa (Daly and Magnacca 2003, p. 217; Magnacca 2005b, in litt., p. 
2).
    Habitat destruction and modification by urbanization and land use 
conversion lead to fragmentation of, and eventual loss, of foraging and 
nesting areas used by Hylaeus assimulans. Habitat destruction and 
modification by nonnative plants (Asystasia gangetica (Chinese violet), 
Atriplex semibaccata, Cenchrus ciliaris (buffelgrass), Chloris barbata 
(swollen fingergrass), Digitaria insularis (sourgrass), Leucaena 
leucocephala, Melinis minutiflora, Pluchea indica (Indian fleabane), P. 
carolinensis, Prosopis pallida, Schinus terebinthifolius, and Verbesina 
encelioides (golden crown-beard)

[[Page 67813]]

adversely impact native plant species by modifying the availability of 
light, altering soil-water regimes, modifying nutrient cycling, 
altering the fire characteristics, and ultimately converting native 
dominated plant communities to nonnative plant communities, and results 
in removal of food sources and nesting sites for H. assimulans (Xerces 
Society 2009, p. 21; 76 FR 55170, September 6, 2011, p. 55184). Habitat 
modification and destruction by nonnative animals such as feral pigs, 
goats, axis deer, and cattle is considered one of the primary factors 
underlying destruction of native vegetation in the Hawaiian Islands, 
and these habitat changes also remove food sources and nesting sites of 
H. assimulans (Stone 1985, pp. 262-263; Cuddihy and Stone 1990, pp. 60-
66, 73). Fire is a threat to H. assimulans, as it destroys native plant 
communities on which the species depends, and opens habitat for 
increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to the 
coastal and lowland dry ecosystems (Brown and Smith 2000, p. 172), and 
a single grass-fueled fire often kills most native trees and shrubs in 
the area (D'Antonio and Vitousek 1992, p. 74) and could destroy food 
and nesting resources for H. assimulans. The numbers of wildfires and 
the acreages involved are increasing in the main Hawaiian Islands; 
however, their occurrences and locations are unpredictable, and could 
affect habitat for yellow-faced bees at any time (Gima 1998, in litt.; 
County of Maui 2009, ch. 3, p. 3; Hamilton 2009, in litt.; Honolulu 
Advertiser 2010, in litt.; Pacific Disaster Center 2011, in litt.). 
Random, naturally occurring events such as hurricanes, tsunami, and 
drought modify and destroy habitat of H. assimulans by creating 
disturbed areas conducive to invasion by nonnative plants, eliminating 
food and nesting sources (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2; Magnacca 2015, in litt.). Predation by 
nonnative ants (the big-headed ant, the yellow crazy ant, Solenopsis 
papuana, and S. geminata) on Hylaeus egg, larvae, and pupal stages is a 
threat to H. assimulans; additionally, ants compete with H. assimulans 
for their nectar food source (Howarth 1985, p. 155; Hopper et al. 1996, 
p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 2003, p. 9; 
Lach 2008, p. 155). Predation by nonnative western yellow jacket wasps 
is a threat to H. assimulans because the wasp is an aggressive, 
generalist predator, and occurs in great numbers in many habitat types, 
from sea level to over 8,000 ft (2,450 m), including areas where H. 
assimulans and other yellow-faced bees occur (Gambino et al. 1987, p. 
169). Existing regulatory mechanisms and agency policies do not address 
the primary threats to the yellow-faced bees and their habitat from 
nonnative ungulates. Competition with nonnative bees (honeybees, 
carpenter bees, sweat bees, and alien Hylaeus bees) for nectar and 
pollen is a threat to H. assimulans (Magnacca 2007, p. 188; Graham 
2015, in litt; Magnacca 2015, in litt.). The small number of 
populations and individuals of H. assimulans makes this species more 
vulnerable to extinction because of the higher risks from genetic 
bottlenecks, random demographic fluctuations, and localized 
catastrophes such as hurricanes and drought (Daly and Magnacca 2003, p. 
3; Magnacca 2007, p. 173). Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to H. assimulans described 
above.
    The remaining populations of Hylaeus assimulans and its habitat are 
at risk. The known individuals are restricted to 5 locations: 2 on 
Maui, 1 on Kahoolawe, and 2 on Lanai, and is likely extirpated from 
Oahu. This species continues to be negatively affected by habitat 
destruction and modification by urbanization and land-use conversion, 
and by habitat destruction and removal of food and nesting sites by 
nonnative ungulates and nonnative plants. Habitat destruction by fire 
is a threat. Randomly occurring events such as hurricanes and drought 
modify habitat and remove food and nesting sources for H. assimulans. 
Predation by nonnative ants and wasps is a threat. Existing regulatory 
mechanisms and agency policies do not address the primary threats to 
the yellow-faced bees and their habitat from nonnative ungulates. 
Competition with nonnative bees for food and nesting sites is a threat. 
The small number of remaining populations limits this species' ability 
to adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that H. assimulans is endangered throughout all of its range, 
and, therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Yellow Faced Bee (Hylaeus facilis)
    Historically, Hylaeus facilis was known from Maui, Lanai, Molokai, 
and Oahu, in dry shrubland to wet forest from sea level to 3,000 ft 
(1,000 m) (Gagne and Cuddihy 1999, p. 93; Daly and Magnacca 2003, pp. 
81, 83). Perkins (1899, p. 77) remarked H. facilis was among the most 
common and widespread Hylaeus species on Oahu, Maui, Lanai, and Molokai 
(Magnacca 2007, p. 183). Although the species was collected in a wide 
range of habitat types, it likely prefers dry to mesic forest and 
shrubland (Magnacca 2005c, in litt., p. 2), which are increasingly rare 
and patchily distributed habitats (Smith 1985, pp. 227-233; Juvik and 
Juvik 1998, p. 124; Gagne and Cuddihy 1999, pp. 66-67, 75; Magnacca 
2005c, in litt., p. 2). Researchers believe the wet forest site on Oahu 
where H. facilis was observed likely had a more open understory (more 
mesic conditions), and represented an outlier or residual population 
(Perkins 1899, p.76; Liebherr and Polhemus 1997; p. 347). Hylaeus 
facilis has almost entirely disappeared from most of its historical 
range (Maui, coastal and lowland mesic; Lanai, lowland dry and lowland 
mesic; and Oahu, coastal and lowland dry) (Daly and Magnacca 2003, p. 
7; Magnacca 2007, p. 183). Between 1998 and 2006, 39 sites on Maui, 
Lanai, Molokai, and Oahu were surveyed, including 13 historical sites. 
Hylaeus facilis was absent from all 13 locations (Magnacca 2007, p. 
183) and was not observed at 26 additional sites with potentially 
suitable habitat (Daly and Magnacca 2003, pp. 7, 81-82; Magnacca 2007, 
p. 183). Likely extirpated from Lanai, H. facilis is currently known 
from only two locations, one on Molokai in the coastal ecosystem, and 
one on Oahu in the coastal ecosystem (Daly and Magnacca 2003, pp. 81-
82; Magnacca 2005c, in litt., p. 2). In addition, in 1990, a single 
individual was collected on Maui near Makawao at 1,500 ft (460 m); 
however, this site is urbanized and devoid of native plants, and it is 
likely this collection was a vagrant individual.
    Habitat destruction and modification by urbanization and land use 
conversion lead to fragmentation of, and eventual loss of, foraging and 
nesting areas used by Hylaeus facilis. Habitat destruction and 
modification by nonnative plants adversely impacts native plant species 
by modifying the availability of light, altering soil-water regimes, 
modifying nutrient cycling, altering the fire characteristics, and 
ultimately converting native dominated plant communities to nonnative 
plant communities, and results in removal of

[[Page 67814]]

food sources and nesting sites for the H. facilis. In addition to the 
nonnative plant species noted above that modify and destroy habitat of 
H. assimulans, Urochloa mutica, Prosopis pallida, Psidium cattleianum, 
and Rubus spp. are noted to negatively affect the habitat of H. facilis 
(Cuddihy and Stone 1990, p. 105; Hawaii Division of Forestry and 
Wildlife (DOFAW) 2007, pp. 20-22). Habitat modification and destruction 
by nonnative animals such as feral pigs, goats, axis deer, and cattle 
is considered one of the primary factors underlying destruction of 
native vegetation in the Hawaiian Islands, and these habitat changes 
also remove food sources and nesting sites for H. facilis (Stone 1985, 
pp. 262-263; Cuddihy and Stone 1990, pp. 60-66, 73). Fire is a threat 
to H. facilis, as it destroys native plant communities on which the 
species depends, and opens habitat for increased invasion by nonnative 
plants. Because of the greater frequency, intensity, and duration of 
fires that have resulted from the human alteration of landscapes and 
the introduction of nonnative plants, especially grasses, fires are now 
more destructive to the coastal and lowland dry ecosystems (Brown and 
Smith 2000, p. 172), and a single grass-fueled fire often kills most 
native trees and shrubs in the area (D'Antonio and Vitousek 1992, p. 
74) and could destroy food and nesting resources for H. facilis. The 
numbers of wildfires and the acreages involved are increasing in the 
main Hawaiian Islands; however, their occurrences and locations are 
unpredictable, and could affect habitat for yellow-faced bees at any 
time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 
2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific Disaster 
Center 2011, in litt.). Random, naturally occurring events such as 
hurricanes, tsunami, and drought modify and destroy habitat of H. 
facilis by creating disturbed areas conducive to invasion by nonnative 
plants, eliminating food and nesting resources (Kitayama and Mueller-
Dombois 1995, p. 671; Businger 1998, pp. 1-2; Magnacca 2015, in litt.). 
Predation by nonnative ants (the big-headed ant, the yellow crazy ant, 
Solenopsis papuana, and S. geminata) on Hylaeus egg, larvae, and pupal 
stages is a threat to H. facilis; additionally, ants compete with H. 
facilis for their nectar food source (Howarth 1985, p. 155; Hopper et 
al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155). Predation by nonnative western yellow 
jacket wasps is a threat to H. facilis because the wasp is an 
aggressive, generalist predator, and occurs in great numbers in many 
habitat types, from sea level to over 8,000 ft (2,450 m), including 
areas where H. facilis and other yellow-faced bees occur (Gambino et 
al. 1987, p. 169). Existing regulatory mechanisms and agency policies 
do not address the primary threats to the yellow-faced bees and their 
habitat from nonnative ungulates. Competition with nonnative bees 
(honeybees, carpenter bees, sweat bees, and alien Hylaeus bees) for 
nectar and pollen is a threat to H. facilis (Magnacca 2007, p. 188; 
Magnacca 2015, in litt.). The small number of populations and 
individuals of H. facilis makes this species more vulnerable to 
extinction because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes such as hurricanes 
and drought (Daly and Magnacca 2003, p. 3; Magnacca 2007, p. 173). 
Although we cannot predict the timing, extent, or magnitude of specific 
impacts, we do expect the effects of climate change to exacerbate the 
threats to H. facilis described above.
    The remaining populations of Hylaeus facilis and its habitat are at 
risk. The known individuals are restricted to one location on Molokai 
and one location on Oahu, and continue to be negatively affected by 
habitat destruction and modification by urbanization and land-use 
conversion, and by habitat destruction and removal of food and nesting 
sites by nonnative ungulates and nonnative plants. Habitat destruction 
by fire is a threat. Randomly occurring events such as hurricanes and 
drought modify habitat and remove food and nesting sources for H. 
facilis. Predation by nonnative ants and wasps is a threat. Existing 
regulatory mechanisms and agency policies do not address the primary 
threats to the yellow-faced bees and their habitat from nonnative 
ungulates. Competition with nonnative bees for food and nesting sites 
is a threat. The small number of remaining populations limits this 
species' ability to adapt to environmental changes. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that H. facilis is endangered throughout all 
of its range, and, therefore, find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
Yellow-Faced Bee (Hylaeus hilaris)
    Historically, Hylaeus hilaris was known from coastal habitat on 
Maui, Lanai, and Molokai; and lowland dry habitat on Maui. It is 
believed to have occurred along much of the coast of these islands 
because its primary hosts, H. anthracinus, H. assimulans, and H. 
longiceps likely occurred throughout this habitat. First collected on 
Maui in 1879, H. hilaris has only been collected twice in the last 100 
years. Hylaeus hilaris was absent from three of its historical 
population sites revisited by researchers between 1998 and 2006 
(Magnacca 2007, p. 181). It was also not observed in 2003 at 10 
additional sites with potentially suitable habitat (Daly and Magnacca 
2003, pp. 103, 106). Currently, the only known population of H. hilaris 
is located on Molokai, in the coastal ecosystem (Daly and Magnacca 
2003, pp. 103, 106; Magnacca 2005d, in litt., p. 2; Magnacca 2007, p. 
181).
    Because Hylaeus hilaris is an obligate parasite on H. anthracinus, 
H. assimulans, and H. longiceps, its occurrences are determined by the 
remaining populations of these three species. Habitat destruction and 
modification by urbanization and land use conversion leads to 
fragmentation of, and eventual loss of, foraging and nesting areas of 
H. hilaris, and of those Hylaeus species that H. hilaris is dependent 
upon. Habitat destruction and modification by nonnative plants 
adversely impacts native plant species by modifying the availability of 
light, altering soil-water regimes, modifying nutrient cycling, 
altering the fire characteristics, and ultimately converting native 
dominated plant communities to nonnative plant communities, and results 
in removal of food sources and nesting sites for the Hylaeus species 
that H. hilaris is dependent upon. Nonnative plant species that modify 
and destroy habitat of H. hilaris are noted in the description for H. 
assimulans, above. Habitat modification and destruction by nonnative 
animals such as feral pigs, goats, axis deer, and cattle is considered 
one of the primary factors underlying destruction of native vegetation 
in the Hawaiian Islands, and these habitat changes also remove food 
sources and nesting sites for the host species of H. hilaris (Stone 
1985, pp. 262-263; Cuddihy and Stone 1990, pp. 60-66, 73). Fire is a 
threat to H. hilaris, as it destroys native plant communities, and 
opens habitat for increased invasion by nonnative plants. Because of 
the greater frequency, intensity, and duration of fires that have 
resulted from the human alteration of landscapes and the introduction 
of nonnative plants, especially grasses, fires are now more destructive 
to the coastal and lowland dry ecosystems (Brown and Smith 2000, p. 
172), and a single grass-fueled fire often kills most native trees and 
shrubs in the area (D'Antonio and Vitousek

[[Page 67815]]

1992, p. 74) and could destroy food and nesting resources for H. 
hilaris. The numbers of wildfires and the acreages involved are 
increasing in the main Hawaiian Islands; however, their occurrences and 
locations are unpredictable, and could affect habitat for yellow-faced 
bees at any time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 
3; Hamilton 2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific 
Disaster Center 2011, in litt.). Random, naturally occurring events 
such as hurricanes, tsunami, and drought can modify and destroy habitat 
of H. hilaris by creating disturbed areas conducive to invasion by 
nonnative plants, eliminating food and nesting sources of its host 
species (Kitayama and Mueller-Dombois 1995, p. 671; Businger 1998, pp. 
1-2; Magnacca 2015, in litt.). Predation by nonnative ants (the big-
headed ant, the long-legged ant, Solenopsis papuana, and S. geminata) 
on Hylaeus egg, larvae, and pupal stages is a threat to H. hilaris; 
additionally, ants compete with the yellow-faced bees that H. hilaris 
is dependent on for their food resources (Howarth 1985, p. 155; Hopper 
et al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155). Predation by nonnative western yellow 
jacket wasps is a threat to H. hilaris because the wasp is an 
aggressive, generalist predator, and occurs in great numbers in many 
habitat types, from sea level to over 8,000 ft (2,450 m), including 
areas where H. hilaris and other yellow-faced bees occur (Gambino et 
al. 1987, p. 169). Existing regulatory mechanisms and agency policies 
do not address the primary threats to the yellow-faced bees and their 
habitat from nonnative ungulates. Competition with nonnative bees 
(honeybees, carpenter bees, sweat bees, and alien Hylaeus bees) for 
nectar and pollen is a threat to the host yellow-faced bees of H. 
hilaris (Magnacca 2007, p. 188; Graham 2015, in litt.; Magnacca 2015, 
in litt.). The small number of populations and individuals of H. 
hilaris makes this species more vulnerable to extinction because of the 
higher risks from genetic bottlenecks, random demographic fluctuations, 
and localized catastrophes such as hurricanes and drought (Daly and 
Magnacca 2003, p. 3; Magnacca 2007, p. 173). Although we cannot predict 
the timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to H. hilaris 
described above.
    The remaining populations of Hylaeus hilaris and its habitat are at 
risk. There is one known occurrence on Molokai. Hylaeus hilaris and its 
host species continue to be negatively affected by habitat destruction 
and modification by urbanization and land-use conversion, and by 
habitat destruction and removal of food and nesting sites (for host 
species) by nonnative ungulates and nonnative plants. Habitat 
destruction by fire is a threat. Randomly occurring events such as 
hurricanes and drought modify habitat and remove food and nesting 
sources for H. hilaris and its host species. Predation by nonnative 
ants and wasps is a threat. Existing regulatory mechanisms and agency 
policies do not address the primary threats to the yellow-faced bees 
and their habitat from nonnative ungulates. Competition with nonnative 
bees for food and nesting sites is a threat. The small number of 
remaining populations limits this species' ability to adapt to 
environmental changes, especially because it is an obligate parasite of 
other rare Hylaeus bees. Because of these threats, we find that H. 
hilaris is endangered throughout all of its range, and, therefore, find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
Yellow-Faced Bee (Hylaeus kuakea)
    Because the first collection of Hylaeus kuakea was not made until 
1997, its historical range is unknown (Magnacca 2005e, in litt., p. 2; 
Magnacca 2007, p. 184). Phylogenetically, H. kuakea belongs in a 
species-group primarily including species inhabiting mesic forests 
(Magnacca and Danforth 2006, p. 405). Only four individuals (all males) 
have been collected from two different sites in the Waianae Mountains 
of Oahu in the lowland mesic ecosystem (Magnacca 2007, p. 184). The 
species has never been collected in any other habitat type or area, 
including some sites that have been more thoroughly surveyed (Magnacca 
2011, in litt.). Not all potentially suitable habitat has been surveyed 
due to the remote and rugged locations, small size, rareness, and 
distant spacing among large areas of nonnative forest (Smith 1985, pp. 
227-233; Juvik and Juvik 1998, p. 124; Wagner et al. 1999, pp. 66-67, 
75).
    Habitat destruction and modification by feral pigs leads to 
fragmentation of, and eventual loss of, foraging and nesting areas of 
Hylaeus kuakea. Habitat destruction and modification by nonnative 
plants adversely impacts native plant species by modifying the 
availability of light, altering soil-water regimes, modifying nutrient 
cycling, altering the fire characteristics, and ultimately converting 
native dominated plant communities to nonnative plant communities, and 
results in removal of food sources and nesting sites for H. kuakea. 
Nonnative plant species that modify and destroy habitat of H. kuakea 
are noted in the descriptions for H. assimulans and H. facilis, above. 
Fire is a threat to H. kuakea because it destroys native plant 
communities and opens habitat for increased invasion by nonnative 
plants. Because of the greater frequency, intensity, and duration of 
fires that have resulted from the human alteration of landscapes and 
the introduction of nonnative plants, especially grasses, fires are now 
more destructive, including in lowland mesic areas (Brown and Smith 
2000, p. 172), and a single grass-fueled fire often kills most native 
trees and shrubs in the area (D'Antonio and Vitousek 1992, p. 74) and 
could destroy food and nesting resources for H. kuakea. The numbers of 
wildfires and the acreages involved are increasing in the main Hawaiian 
Islands; however, their occurrences and locations are unpredictable, 
and could affect habitat for yellow-faced bees at any time (Gima 1998, 
in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 2009, in litt.; 
Honolulu Advertiser 2010, in litt.; Pacific Disaster Center 2011, in 
litt.). Random, naturally occurring events such as hurricanes and 
drought can modify and destroy habitat of H. kuakea by creating 
disturbed areas conducive to invasion by nonnative plants, eliminating 
food and nesting resources (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2). Predation by nonnative ants (the big-headed 
ant, the long-legged ant, Solenopsis papuana, and S. geminata) on 
Hylaeus egg, larvae, and pupal stages is a threat to H. kuakea; 
additionally, ants compete with H. kuakea for their nectar food source 
(Howarth 1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, 
pp. 188, 209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155). 
Predation by nonnative western yellow jacket wasps is a threat to H. 
kuakea because the wasp is an aggressive, generalist predator, and 
occurs in great numbers in many habitat types, from sea level to over 
8,000 ft (2,450 m), including areas where H. kuakea and other yellow-
faced bees occur (Gambino et al. 1987, p. 169). Existing regulatory 
mechanisms and agency policies do not address the primary threats to 
the yellow-faced bees and their habitat from nonnative ungulates. 
Competition with nonnative bees (honeybees, carpenter bees, sweat bees, 
and alien Hylaeus bees) for nectar and pollen is a threat to H. kuakea 
(Magnacca 2007, p. 188; Graham 2015, in litt.; Magnacca 2015, in 
litt.). The small number of populations and individuals of H. kuakea 
makes this

[[Page 67816]]

species more vulnerable to extinction because of the higher risks from 
genetic bottlenecks, random demographic fluctuations, and localized 
catastrophes such as hurricanes and drought (Daly and Magnacca 2003, p. 
3; Magnacca 2007, p. 173). Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to H. kuakea described above.
    The remaining populations of Hylaeus kuakea and its habitat are at 
risk. The known individuals are restricted to mesic forest in one area 
of one island (Oahu), and continue to be negatively affected by habitat 
destruction and removal of food and nesting sites by nonnative 
ungulates and nonnative plants. Habitat destruction by fire is a 
threat. Randomly occurring events such as hurricanes and drought modify 
habitat and remove food and nesting sources for H. kuakea. Predation by 
nonnative ants and wasps is a threat. Existing regulatory mechanisms 
and agency policies do not address the primary threats to the yellow-
faced bees and their habitat from nonnative ungulates. Competition with 
nonnative bees for food and nesting sites is a threat. The small number 
of remaining populations limits this species' ability to adapt to 
environmental changes. The effects of climate change are likely to 
further exacerbate these threats. Because of these threats, we find 
that H. kuakea is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Yellow-faced bee (Hylaeus longiceps)
    Hylaeus longiceps is historically known from coastal and lowland 
dry shrubland habitat up to 2,000 ft (610 m) in numerous locations on 
the islands of Maui, Lanai, Molokai, and Oahu. Perkins (1899, p. 98) 
noted H. longiceps was locally abundant, and probably occurred 
throughout much of the leeward and lowland areas on these islands. 
Hylaeus longiceps is now restricted to small populations in patches of 
coastal and lowland dry habitat on the Maui, Lanai, Molokai, and Oahu 
(Magnacca 2005f, in litt., p. 2; Magnacca and King 2013, pp. 13, 16). 
Twenty-five sites that were either historical collecting localities or 
contained potentially suitable habitat for this species were surveyed 
between 1997 and 2008 (Magnacca and King 2013, p. 16). Hylaeus 
longiceps was observed at only seven of the surveyed sites: Three sites 
on Lanai (in the coastal and lowland dry ecosystems), two sites on Oahu 
(in the coastal ecosystem), and one site on each of the islands of Maui 
(in the coastal ecosystem) and Molokai (in the coastal ecosystem) (Daly 
and Magnacca 2003, p. 135; Magnacca and King 2013, pp. 11-12).
    Most of the coastal and lowland habitat of Hylaeus longiceps has 
been developed or degraded, and is no longer suitable (Liebherr and 
Polhemus 1997, pp. 346-347; Magnacca 2007, pp. 186-188). Habitat 
destruction and modification by axis deer (Lanai) and urbanization 
(Maui and Molokai) leads to fragmentation of, and eventual loss of, 
foraging and nesting areas of H. longiceps (Daly and Magnacca 2003, pp. 
217-229). Habitat modification and destruction by human impacts in 
areas accessible by four-wheel drive vehicles on Lanai is a threat 
because these vehicles can destroy plants used as food sources and 
destroy ground nesting sites for H. longiceps (Daly and Magnacca 2003, 
p. 135). Habitat destruction and modification by nonnative plants 
adversely affects native plant species used by H. longiceps as a food 
source by modifying the availability of light, altering soil-water 
regimes, modifying nutrient cycling, altering the fire characteristics, 
and ultimately converting native-dominated plant communities to 
nonnative plant communities. Nonnative plant species that modify and 
destroy habitat of H. longiceps are noted in the descriptions for H. 
assimulans and H. facilis, above. Fire is a threat to H. longiceps 
because it destroys native plant communities, and opens habitat for 
increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to the 
coastal and lowland dry ecosystems (Brown and Smith 2000, p. 172), and 
a single grass-fueled fire often kills most native trees and shrubs in 
the area (D'Antonio and Vitousek 1992, p. 74) and could destroy food 
and nesting resources for H. longiceps. The numbers of wildfires and 
the acreages involved are increasing in the main Hawaiian Islands; 
however, their occurrences and locations are unpredictable, and could 
affect habitat for yellow-faced bees at any time (Gima 1998, in litt.; 
County of Maui 2009, ch. 3, p. 3; Hamilton 2009, in litt.; Honolulu 
Advertiser 2010, in litt.; Pacific Disaster Center 2011, in litt.). 
Random, naturally occurring events such as hurricanes, tsunami, and 
drought modify and destroy habitat of H. longiceps by creating 
disturbed areas conducive to invasion by nonnative plants, eliminating 
food and nesting resources (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2; Magnacca 2015, in litt.). Predation by, and 
competition for food sources, by nonnative ants and the nonnative 
western yellow jacket wasp is a threat to H. longiceps (see H. kuakea, 
above) (Gambino et al. 1987, p. 169; Howarth 1985, p. 155; Hopper et 
al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155). Existing regulatory mechanisms and 
agency policies do not address the primary threats to the yellow-faced 
bees and their habitat from nonnative ungulates. Competition with 
nonnative bees (honeybees, carpenter bees, sweat bees, and alien 
Hylaeus bees) for nectar and pollen is a threat to H. longiceps 
(Magnacca 2007, p. 188; Graham 2015, in litt.; Magnacca 2015, in 
litt.). The small number of populations and individuals of H. longiceps 
makes this species more vulnerable to extinction because of the higher 
risks from genetic bottlenecks, random demographic fluctuations, and 
localized catastrophes such as hurricanes and drought (Daly and 
Magnacca 2003, p. 3; Magnacca 2007, p. 173). Although we cannot predict 
the timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the threats to H. longiceps 
described above.
    The remaining population of Hylaeus longiceps and its habitat are 
at risk. The known individuals are restricted to seven locations, three 
on Lanai, two on Oahu, and one each on Maui and Molokai, and continue 
to be negatively affected by habitat destruction and modification by 
urbanization and land-use conversion, by habitat destruction and 
removal of food and nesting sites by nonnative ungulates and nonnative 
plants, and by recreational use vehicles on Lanai. Habitat destruction 
by fire is a threat. Randomly occurring events such as hurricanes and 
drought may modify habitat and remove food and nesting sources for H. 
longiceps. Predation by nonnative ants and wasps is a threat. Existing 
regulatory mechanisms and agency policies do not address the primary 
threats to the yellow-faced bees and their habitat from nonnative 
ungulates. Competition with nonnative bees for food and nesting sites 
is a threat. The small number of remaining populations limits this 
species' ability to adapt to environmental changes. Because of these 
threats, we find that H. longiceps is endangered throughout all of its 
range, and, therefore, find that it is

[[Page 67817]]

unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
Yellow-Faced Bee (Hylaeus mana)
    Hylaeus mana is known only from lowland mesic forest dominated by 
native Acacia koa in the Koolau Mountains of Oahu, at 1,400 ft (430 m). 
Few other Hylaeus species have been found in this type of forest on 
Oahu (Daly and Magnacca 2003, p. 138). This type of native forest is 
increasingly rare and patchily distributed because of competition and 
encroachment into habitat by nonnative plants (Smith 1985, pp. 227-233; 
Juvik and Juvik 1998, p. 124; Wagner et al. 1999, pp. 66-67, 75). 
Decline of this forest type could lead to decline in populations and 
numbers of H. mana. Three additional population sites were discovered 
on Oahu in 2012, including a new observation of the species at the 
original site (Magnacca and King 2013, pp. 17-18). The three new sites 
are within a narrow range of lowland mesic forest at 1,400 ft (430 m), 
bordered by nonnative plant habitat at lower elevations and wetter 
native forest habitat above (Magnacca and King 2013, pp. 17-18). 
Hylaeus mana was most often observed on Santalum freycinetianum var. 
freycinetianum, which suggests that H. mana may be closely associated 
with this plant species (Magnacca and King 2013, p. 18). Additional 
surveys may reveal more populations; however, the extreme rarity of 
this species, its absence from many survey sites, the fact that it was 
not discovered until very recently, and the limited range of its 
possible host plant, all suggest that few populations remain (Magnacca 
2005g, in litt., p. 2; Magnacca and King 2013, pp. 17-18).
    Habitat destruction and modification by feral pigs leads to 
fragmentation of, and eventual loss of, foraging and nesting areas of 
Hylaeus mana (Daly and Magnacca 2003, pp. 217-229). Habitat destruction 
and modification by nonnative plants adversely impacts native plant 
species used by H. mana as a food source by modifying the availability 
of light, altering soil-water regimes, modifying nutrient cycling, 
altering the fire characteristics, and ultimately converting native 
dominated plant communities to nonnative plant communities. Nonnative 
plant species that modify and destroy habitat of H. mana are noted in 
the descriptions for H. assimulans and H. facilis, above, and can 
outcompete native canopy species such as Acacia koa, the known 
preferred native canopy type of H. mana (GISD 2011, in litt.; State of 
Hawaii 2013, in litt. (S.C.R. No. 74)). Fire is a threat to H. mana, as 
it destroys native plant communities on which the species depends, and 
opens habitat for increased invasion by nonnative plants. Because of 
the greater frequency, intensity, and duration of fires that have 
resulted from the human alteration of landscapes and the introduction 
of nonnative plants, especially grasses, fires are now more 
destructive, including in lowland mesic ecosystems (Brown and Smith 
2000, p. 172). A single grass-fueled fire often kills most native trees 
and shrubs in the area (D'Antonio and Vitousek 1992, p. 74) and could 
destroy food and nesting resources for H. mana. The numbers of 
wildfires and the acreages involved are increasing in the main Hawaiian 
Islands; however, their occurrences and locations are unpredictable, 
and could affect habitat for yellow-faced bees at any time (Gima 1998, 
in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 2009, in litt.; 
Honolulu Advertiser 2010, in litt.; Pacific Disaster Center 2011, in 
litt.). Random, naturally occurring events such as hurricanes and 
drought can modify and destroy habitat of H. mana by creating disturbed 
areas conducive to invasion by nonnative plants (Kitayama and Mueller-
Dombois 1995, p. 671; Businger 1998, pp. 1-2). Predation and 
competition for food sources by nonnative ants and the nonnative 
western yellow jacket wasp are threats to H. mana (see H. kuakea, 
above) (Howarth 1985, p. 155; Gambino et al. 1987, p. 169; Hopper et 
al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155). Existing regulatory mechanisms and 
agency policies do not address the primary threats to the yellow-faced 
bees and their habitat from nonnative ungulates. Competition with 
nonnative bees (honeybees, carpenter bees, sweat bees, and alien 
Hylaeus bees) for nectar and pollen is a threat to H. mana (Magnacca 
2007, p. 188; Graham 2015, in litt.; Magnacca 2015, in litt.). The 
small number of populations and individuals of H. mana makes this 
species more vulnerable to extinction because of the higher risks from 
genetic bottlenecks, random demographic fluctuations, and localized 
catastrophes such as hurricanes and drought (Daly and Magnacca 2003, p. 
3; Magnacca 2007, p. 173). Although we cannot predict the timing, 
extent, or magnitude of specific impacts, we do expect the effects of 
climate change to exacerbate the threats to H. mana described above.
    The remaining populations of Hylaeus mana and its habitat are at 
risk. The known individuals are restricted to three locations of native 
koa forest on Oahu, and continue to be negatively affected by habitat 
destruction and removal of food and nesting sites by nonnative 
ungulates and nonnative plants. Habitat destruction by fire is a 
threat. Randomly occurring events such as hurricanes and drought may 
modify habitat and remove food and nesting sources for H. mana. 
Predation by nonnative ants and wasps is a threat. Existing regulatory 
mechanisms and agency policies do not address the primary threats to 
the yellow-faced bees and their habitat from nonnative ungulates. 
Competition with nonnative bees for food and nesting sites is a threat. 
The small number of remaining populations limits this species' ability 
to adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that H. mana is endangered throughout all of its range, and, 
therefore, find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Orangeblack Hawaiian Damselfly (Megalagrion xanthomelas)
    The orangeblack Hawaiian damselfly was once Hawaii's most abundant 
damselfly species likely because of its ability to use a variety of 
aquatic habitats for breeding sites. Historically, the orangeblack 
Hawaiian damselfly probably occurred on all of the main Hawaiian 
Islands (except Kahoolawe) in suitable aquatic habitat within the 
anchialine pool, coastal, lowland dry, and lowland mesic ecosystems 
(Perkins 1913, p. clxxviii; Zimmerman 1948, p. 379; Polhemus 1996, p. 
30). Its historical range on Kauai is unknown. On Oahu, it was recorded 
from Honolulu, Kaimuki, Koko Head, Pearl City, Waialua, the Waianae 
Mountains, and Waianae (Polhemus 1996, pp. 31, 33). On Molokai, it was 
known from Kainalu, Meyer's Lake (Kalaupapa Peninsula), Kaunakakai, 
Mapulehu, and Palaau (Polhemus 1996, pp. 33-41). On Lanai, small 
populations occurred on Maunalei Gulch, and in ephemeral coastal ponds 
at the mouth of Maunalei Gulch drainage, at Keomuku, and in a 
mixohaline (brackish water) habitat at Lopa (Polhemus 1996, pp. 37-41; 
HBMP 2010). On Maui, this species was recorded from an unspecified 
locality in the west Maui Mountains (Polhemus 1996, pp. 41-42; Polhemus 
et al. 1999, pp. 27-29). On Hawaii Island, it was known from Hilo, 
Kona, and Naalehu (Polhemus 1996, pp. 42-47).
    Currently, the orangeblack Hawaiian damselfly occurs on Oahu, 
Molokai, Lanai, Maui, and Hawaii Island. In 1994, on Oahu, a very small 
population

[[Page 67818]]

was discovered in pools of an intermittent stream (Englund 2001, p. 
256). On Molokai, populations occur at the mouths of two streams, and 
in wetlands on the south coast (Polhemus 1996, p. 47). On Lanai, a 
large population occurs in an artificial pond (Polhemus 1996, p. 47). 
The species is present on west Maui at a stream and near anchialine 
pools on east Maui (Polhemus et al. 1999, p. 29). Several large 
populations exist in coastal wetlands on Hawaii Island at 14 locations 
(Polhemus 1996, pp. 42-47; Orlando 2015, in litt.). The species is 
believed to be extirpated from Kauai (Asquith and Polhemus 1996, p. 
91).
    Past and present land use and water management practices, including 
agriculture, urban development, ground water development, and 
destruction of perched aquifer and surface water resources, and feral 
ungulates (pigs, goats, axis deer), modify and destroy habitat of the 
orangeblack Hawaiian damselfly (Harris et al. 1993, pp. 9-13; Meier et 
al. 1993, pp. 181-183). Nonnative plant species such as Urochloa mutica 
form dense, monotypic stands that can completely eliminate any open 
water habitat of the orangeblack Hawaiian damselfly (Smith 1985, p. 
186). Stochastic events such as drought, flooding, and hurricanes can 
also modify and destroy habitat, and kill individuals. Predation of the 
orangeblack Hawaiian damselfly by nonnative fish and nonnative aquatic 
invertebrates on the orangeblack Hawaiian damselfly is a significant 
threat; predation by Jackson's chameleons (Trioceros jacksonii) may 
occur as well (Sailer 2015, in litt.). Hawaiian damselflies evolved 
with few, if any, predatory fish, and the reduced defensive and evasive 
behaviors of most of the fully aquatic species, including the 
orangeblack Hawaiian damselfly, makes them particularly vulnerable to 
predation by nonnative fish (Englund 1999, pp. 225-225, 235; Haines 
2015, in litt.). The damselfly is not observed in any bodies of water 
that support nonnative fish (Henrickson 1988, p. 183; McPeek 1990a, pp. 
92-96). Nonnative backswimmers (aquatic true bugs; Heteroptera) are 
voracious predators and frequently feed on prey much larger than 
themselves, such as tadpoles, small fish, and other aquatic 
invertebrates and may be a potential threat to damselfly's aquatic 
larvae (naiads) (Borror et al. 1989, p. 296). In addition, the 
nonnative bullfrog (Rana catesbeiana, Lithobates catesbeianus), found 
in ponds and along streams, is a generalist predator, and eats insects 
and crustaceans as well as a wide variety of small vertebrates (Bury 
and Whelan 1985, p. 4). Predation by the bullfrog is a threat to the 
orangeblack Hawaiian damselfly (Englund et al. 2007, pp. 215, 219; 
Haines 2015, in litt.). Also, caddisflies (Trichoptera spp.) compete 
with native aquatic invertebrates for resources and space (Flint et al. 
2003, p. 38; Haines 2015, in litt.) and reduce prey abundance for 
orangeblack Hawaiian damselfly larvae.
    Hawaii State law (State Water Code) does not provide for permanent 
or minimal instream flow standards, and channel modifications or 
revisions to flow standards can be undertaken at any time by the Water 
Commission, without regard for changes that degrade or destroy habitat, 
food resources, or aquatic life stages of the orangeblack Hawaiian 
damselfly. Therefore, existing regulatory mechansims do not adequately 
address the threat of modification and destruction of the aquatic 
habitat of the orangeblack Hawaiian damselfly (Hawaii Administrative 
Rule (HAR)-State Water Code, title 13, chapter 169-36; Tango 2010, in 
litt.).
    The remaining populations and habitat of the orangeblack Hawaiian 
damselfly are at risk; numbers are decreasing on Oahu, Molokai, Lanai, 
Maui, and Hawaii Island, and both the species and its habitat continue 
to be negatively affected by modification and destruction by 
development and water management practices, drought, feral ungulates, 
and by nonnative plants, combined with predation by nonnative fish and 
other nonnative vertebrates. Competition with caddisflies is a 
potential threat to the orangeblack Hawaiian damselfly. The orangeblack 
damselfly was once the most common Hawaiian damselfly in the State, and 
occurred in any suitable aquatic habitat. Populations no longer occur 
on Kauai. The Oahu populations were described from seven locations, and 
this species now only occurs at one location. The populations on 
Molokai have declined from five to three. Populations on Lanai have 
declined from four to one in an artificial pond. On Maui, there are 
only two populations, one on east Maui, and one on west Maui. Of the 21 
known populations on Hawaii Island, only 14 remain. Because of the 
dramatic decline in numbers and populations, and because of the ongoing 
threats described above, we find that this species is endangered 
throughout all of its range, and, therefore, find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
Anchialine Pool Shrimp (Procaris hawaiana)
    The shrimp family Procarididae is represented by a small number of 
species globally, with only two species within the genus Procaris 
(Magnacca 2015, in litt.). Procaris hawaiana is an endemic anchialine 
pool shrimp species known only from the islands of Maui and Hawaii. The 
second species, P. ascensionis, is restricted to similar habitat on 
Ascension Island in the South Atlantic Ocean. Of the anchialine pools 
on Hawaii Island, only 25 are known to contain P. hawaiana. During 
nocturnal-diurnal surveys conducted from 2009 to 2010, 19 pools within 
Manuka NAR were found to contain P. hawaiana. Five additional pools 
located on unencumbered State land adjacent to Manuka NAR also 
contained P. hawaiana. An additional separate pool also contains P. 
hawaiana, along with the endangered anchialine pool shrimp Vetericaris 
chaceorum (Holthuis 1973, pp. 12-19; Maciolek 1983, pp. 607-614; Brock 
2004, pp. 30-57). On Maui, P. hawaiana occurs in two anchialine pools 
(Holthuis 1973, pp. 12-19; Maciolek 1983, pp. 607-614; Brock 2004, pp. 
30-57).
    Like other anchialine pool shrimp species, Procaris hawaiana 
inhabits extensive networks of water-filled interstitial spaces (cracks 
and crevices) leading to and from the open pools where they can be 
detected, a trait which has precluded accurate estimates of population 
size (Holthuis 1973, p. 36; Maciolek 1983, pp. 613-616). Surveys for 
many rare species of anchialine pool shrimp, including P. hawaiana, 
often involve baiting in likely habitat to determine presence or 
absence. Absence, and presumably extirpation, of shrimp species from 
suitable habitat is the best or only measure of species decline as 
population sizes are not easily determined or monitored (Holthuis 1973, 
pp. 7-12; Maciolek 1983, pp. 613-616), but owing to the potential for 
shrimp to move between pools through subterranean connections, the lack 
of sighting on one or several visits to a site is not definitive 
evidence that the species is extirpated (Kinzie 2015, in litt.). 
Extirpation of anchialine pool shrimp has been documented definitively 
in some cases; for example, Halocaridina rubra disappeared from an 
anchialine pool at Honokohau Harbor (Hawaii Island) as a result of the 
use of the pool for dumping of used oil, grease, and oil filters (Brock 
2004, p. 14). To date, however, P. hawaiana is not known to have been 
extirpated from any of the pools where

[[Page 67819]]

it has been documented to occur (Wada 2016, in litt.).
    Habitat modification and destruction by human activities is a 
significant threat to Procaris hawaiana. It is estimated that up to 90 
percent of existing anchialine pools in Hawaii have been destroyed by 
filling and bulldozing (Baily-Brock and Brock 1993, p. 354; Brock 2004, 
p. i). Anchialine pools are used as dumping pits for bottles, cans, and 
used oil and grease, and these activities are a known cause of the 
disappearance of other anchialine pool shrimp species from the pools. 
Trampling damage from use of anchialine pools for swimming and bathing 
has been documented (Brock 2004, pp. 13-17). Although a permit from the 
State is required to collect anchialine pool shrimp, unpermitted 
collection of shrimp is ongoing (Fuku-Bonsai 2015, in litt.). A single 
person with a handnet could do irreparable damage to a population of P. 
hawaiana (Yamamoto 2015, in litt.), but collection by permitted 
individuals is not prohibited at State Parks or City and County 
property where some anchialine pools occur. Predation by nonnative fish 
is a direct threat to P. hawaiana. Nonnative fish (tilapia, Oreochromis 
mossambica) also outcompete native herbivorous species of shrimp that 
serve as a prey-base for P. hawaiana, disrupting the delicate 
ecological balance in the anchialine pool system, and leading to 
decline of the pools and the shrimp inhabiting them (Brock 2004, pp. 
13-17). Although anchialine pools within State of Hawaii NARs are 
provided some protection, these areas are remote and signage does not 
prevent human use and damage of the pools (see Factor B). The 
persistence of P. hawaiana is hampered by the small number of extant 
populations and the small geographic range of the known populations. 
The populations of P. hawaiana are at risk of extinction because of 
their increased vulnerability to loss of individuals from disturbance, 
habitat destruction, and the effects of invasive species and because of 
the reduction in genetic variability that may make the species less 
able to adapt to changes in the environment (Harmon and Braude 2010, 
pp. 125-128). In addition, large-scale water extraction from 
underground water sources negatively affects the habitat and P. 
hawaiana directly (Conry 2012, in litt.). A threat from development 
upslope of anchialine pool habitat is infiltration of waste water or 
application of fertilizer and pesticides that may enter the ground 
water system of the anchialine pools and consequently affect the pool's 
ecosystem health, food sources of the pool shrimp, or the pool shrimp 
directly (Kinzie 2015, in litt.; Yamamoto et al. 2015, pp. 75-83). Sea-
level rise and coastal inundation resulting from the effects of climate 
change is a threat to P. hawaiana (Sakihara 2015, in litt.). Sea-level 
rise would increase surface connectivity between isolated anchialine 
pools, and exacerbate the spread of nonnative fish into pools not yet 
occupied by nonnative fish (Sakihara 2015, in litt.).
    Procaris hawaiana and its habitat are at risk. There are a total of 
700 known anchialine pools in the State of Hawaii. Procaris hawaiana is 
restricted to 25 anchialine pools out of 600 on Hawaii Island and to 2 
anchialine pools on Maui. These 27 anchialine pools continue to be 
negatively affected by habitat destruction and modification by human 
use of the pools for bathing and for dumping of trash and nonnative 
fish; filling and bulldozing; water extraction; contamination; 
predation by and competition with nonnative fish; and collection for 
the aquarium trade. The small number of populations (27) limits this 
species' ability to adapt to environmental changes. Because of these 
threats, we find that this species is endangered throughout all of its 
range, and, therefore, find that it is unnecessary to analyze whether 
it is endangered or threatened in a significant portion of its range.

Distinct Population Segment (DPS) Analysis

Band-Rumped Storm-Petrel (Oceanodroma castro)

    Under the Act, we have the authority to consider for listing any 
species, subspecies, or, for vertebrates, any distinct population 
segment (DPS) of these taxa if there is sufficient information to 
indicate that such action may be warranted. To guide the implementation 
of the DPS provisions of the Act, we, and the National Marine Fisheries 
Service (National Oceanic and Atmospheric Administration--Fisheries), 
published the Policy Regarding the Recognition of Distinct Vertebrate 
Population Segments Under the Endangered Species Act (DPS Policy) in 
the Federal Register on February 7, 1996 (61 FR 4722). Under our DPS 
Policy, we use two elements to assess whether a population segment 
under consideration for listing may be recognized as a DPS: (1) The 
population segment's discreteness from the remainder of the species to 
which it belongs, and (2) the significance of the population segment to 
the species to which it belongs. If we determine that a population 
segment being considered for listing is a DPS, then the population 
segment's conservation status is evaluated based on the five listing 
factors established by the Act to determine if listing it as either 
endangered or threatened is warranted. In the proposed rule (80 FR 
58820; September 30, 2015), we evaluated the Hawaii population of the 
band-rumped storm-petrel to determine whether it meets the definition 
of a DPS under our DPS Policy.

Discreteness

    Under the DPS Policy, a population segment of a vertebrate taxon 
may be considered discrete if it satisfies either one of the following 
conditions: (1) It is markedly separated from other populations of the 
same taxon as a consequence of physical, physiological, ecological, or 
behavioral factors (quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation); or (2) it is 
delimited by international governmental boundaries within which 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act. The Hawaii 
population of the band-rumped storm-petrel meets the first criterion: 
it is markedly separated from other populations of this species by 
physical (geographic) and physiological (genetic) factors, as described 
below.
    The band-rumped storm-petrel is widely distributed in the tropics 
and subtropics, with breeding populations in numerous island groups in 
the Atlantic and in Hawaii, Galapagos, and Japan in the Pacific 
(Harrison 1983, p. 274; Carboneras et al. 2014, p. 1 and Fig. 2). The 
geographic separation of these breeding populations is widely 
recognized, with strong genetic differentiation between the two ocean 
basins and among individual populations (Friesen et al. 2007a, p. 1768; 
Smith et al. 2007, p. 768). Whether individual populations merit 
taxonomic separation remains unclear, and further study is needed 
(Friesen et al. 2007b, p. 18591; Smith et al. 2007, p. 770; reviewed in 
Howell 2012, pp. 349, 369-370); some populations, such as those in the 
Galapagos and Cape Verde islands, may warrant full species status 
(Smith et al. 2007, p. 770). Like other storm-petrels, the band-rumped 
storm-petrel is a highly pelagic (open-ocean) seabird (Howell 2012, p. 
349). In addition, like other species in the seabird order 
Procellariiformes, band-rumped storm-petrels exhibit strong philopatry, 
or fidelity to their natal sites

[[Page 67820]]

(Allan 1962, p. 274; Harris 1969, pp. 96, 113, 120; Harrison et al. 
1990, p. 49; Smith et al. 2007, pp. 768-769). Both of these 
characteristics contribute to isolation of breeding populations, in 
spite of the absence of physical barriers such as land masses within 
ocean basins (Friesen et al. 2007a, pp. 1777-1778).
    Band-rumped storm-petrels from Hawaii are likely to encounter 
individuals from other populations only very rarely. The approximate 
distances from Hawaii to other known breeding sites are much greater 
than the birds' average foraging range of 860 mi (1,200 km): 4,000 mi 
(6,600 km) to Japan and 4,600 mi (7,400 km) to Galapagos (the two other 
Pacific populations), and 7,900 mi (12,700 km) to Madeira, 7,300 mi 
(11,700 km) to the Azores, and 9,700 mi (15,600 km) to Ascension Island 
(in the Atlantic). Data from at-sea surveys of the eastern tropical 
Pacific conducted since 1988 show that the density of band-rumped 
storm-petrels attenuates north and northwest of Galapagos and that the 
species rarely occurs in a broad area southeast of Hawaii (Pitman, 
Ballance, and Joyce 2015, unpublished). This pattern suggests a gap in 
the at-sea distribution of this species, and low likelihood of 
immigration on an ecological timescale, between Hawaii and Galapagos. 
We are not aware of any data describing the at-sea distribution of this 
species between Hawaii and Japan, but the absence of breeding records 
from western Micronesia (Pyle and Engbring 1985, p. 59) indicates a 
distributional gap between these two archipelagoes as well. Other than 
occasional encounters in their foraging habitat, the vast expanses of 
ocean between Japan, Hawaii, and Galapagos provide for no other sources 
of potential connectivity between band-rumped storm-petrel populations 
in the Pacific, such as additional breeding sites.
    Even those disparate breeding populations of pelagic seabirds that 
do overlap at sea may remain largely isolated otherwise and exhibit 
genetic differentiation (e.g., Walsh and Edwards 2005, pp. 290, 293). 
Despite the birds' capacity to move across large areas of ocean, 
genetic differentiation among breeding populations of band-rumped 
storm-petrels is high (Friesen et al. 2007b, p. 18590; Smith et al. 
2007, p. 768), even between populations nesting in different seasons on 
the same island (in Galapagos; Smith and Friesen 2007, p. 1599). 
Genetic analysis found low relatedness (1) between Atlantic and Pacific 
populations; (2) among Japan, Hawaii, and Galapagos populations; or (3) 
among Cape Verde, Ascension, and northeast Atlantic breeding 
populations (Smith et al. 2007, p. 768). Hawaiian birds have not been 
well-sampled for genetic analysis, but the few individuals from Hawaii 
included in a rangewide analysis showed that Hawaiian birds differed 
from all other populations, and were most closely related to birds from 
Japan (Friesen et al. 2007b, p. 18590).
    We have determined that the Hawaii population of the band-rumped 
storm-petrel is discrete from the rest of the taxon because its 
breeding and foraging range are markedly separated from those of other 
populations. The Hawaii population is geographically isolated from 
populations in Japan and Galapagos, as well as from populations in very 
distant island groups in the central and western Atlantic Ocean. 
Molecular evidence indicates that the genetic structure of the species 
reflects the spatial or temporal separation of individual populations; 
the scant molecular data from Hawaii suggest that this holds for the 
Hawaii population as well.

Significance

    Under our DPS Policy, once we have determined that a population 
segment is discrete, we consider its biological and ecological 
significance to the larger taxon to which it belongs. This 
consideration may include, but is not limited to: (1) Evidence of the 
persistence of the discrete population segment in an ecological setting 
that is unusual or unique for the taxon, (2) evidence that loss of the 
population segment would result in a significant gap in the range of 
the taxon, (3) evidence that the population segment represents the only 
surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historical range, or 
(4) evidence that the discrete population segment differs markedly from 
other populations of the species in its genetic characteristics. We 
have found substantial evidence that the Hawaii population of the band-
rumped storm-petrel meets two of the significance criteria listed 
above: the loss of this population would result in a significant gap in 
the range of the taxon, and this population persists in a unique 
ecological setting. As described above, the physical isolation that 
defines the discreteness of Hawaii population is likely reflected in 
genetic differentiation from other populations, but at this time we 
lack sufficient data to consider genetic characteristics as an 
independent factor in our determination of the Hawaii population's 
significance to the rest of the taxon. Genetic patterns on an ocean-
basin or species-wide scale, however, have implications for 
connectivity and potential gaps in the band-rumped storm-petrel's range 
(described below).
    Dispersal between populations of seabird species with ranges 
fragmented by large expanses of ocean may play a vital role in the 
persistence of individual populations (Bicknell et al. 2012, p. 2872). 
No evidence currently exists of such dispersal among Pacific 
populations of band-rumped storm-petrels at frequencies or in numbers 
that would change the population status between years, for example, by 
providing immigrants that compensate for breeding failure or adult 
mortality resulting from predation, as has been hypothesized for 
Leach's storm-petrel in the Atlantic (Bicknell et al. 2012, p. 2872). 
Given the remnant population of band-rumped storm-petrels in Hawaii and 
recently documented decline in Japan (Biodiversity Center of Japan 
2014, p. 1), we would not expect to see exchange on such short 
timescales. However, genetic evidence is suggestive of exchange between 
these two populations on an evolutionary timescale (Friesen et al. 
2007b, p. 18590).
    The loss of this population would result in a significant gap in 
the range of the band-rumped storm-petrel. As noted above, seabirds in 
the order Procellariiformes, including the band-rumped storm-petrel, 
exhibit very high natal site fidelity, and so are slow to recolonize 
extirpated areas or range-gaps (Jones 2010, p. 1214), and may lack 
local adaptations; they thus face a potentially increased risk of 
extinction with the loss of individual populations (Smith et al. 2007, 
p. 770). The Hawaii population of the band-rumped storm petrel 
constitutes the entire Central Pacific distribution of the species, 
located roughly half-way between the populations in Galapagos and Japan 
(see Figure 1, below), and its loss would create a gap of approximately 
8,500 mi (13,680 km) between them and significantly reducing the 
likelihood of connectivity and genetic exchange. Such exchange would be 
reliant on chance occurrences, such as severe storms that could result 
in birds being displaced to the opposite side of the Pacific Ocean 
basin, and such chance dispersal events would not necessarily result in 
breeding.
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    The Hawaii population of the band-rumped storm-petrel is 
significant also because it persists in a unique ecological setting. 
This is the only population of the species known to nest at high-
elevation sites (above 6,000 ft (1,800 m)) (Banko et al. 1991, pp. 651-
653; Athens et al. 1991, p. 95). In prehistory, the species likely 
nested in lowland habitats and more accessible habitats in Hawaii as 
well as in the high-elevation and otherwise remote areas where the 
species is found today; archaeological evidence suggests that band-
rumped storm-petrels were once sufficiently common at both high (5,260 
and 6,550 ft (1,600 and 2,000 m)) and low elevations on Hawaii Island 
to be used as a food source by humans (Ziegler pers. comm. in Harrison 
et al. 1990, pp. 47-48; Athens et al. 1991, pp. 65, 78-80; Banko et al. 
1991, p. 650). In lowland areas, the species was common enough for the 
Hawaiians to name it and to identify it by its call (Harrison et al. 
1990, p. 47; Banko et al. 1991, p. 650). In addition to the impacts of 
harvest by humans in prehistory, seabirds in Hawaii, including the 
band-rumped storm-petrel, were negatively affected by the proliferation 
of nonnative predators such as rats and pigs, and, later, cats and 
mongoose, and by loss of habitat (reviewed in Duffy 2010, pp. 194-196). 
Predation and habitat loss combined likely led to the extirpation of 
the band-rumped storm-petrel from coastal and lowland habitats and 
other accessible nesting areas, as occurred in the

[[Page 67822]]

endangered Hawaiian petrel (Pterodroma sandwichensis) and threatened 
Newell's shearwater (Puffinus newelli), which have similar nesting 
habits and life histories (Olson and James 1982, p. 43; Slotterback 
2002, p. 6; Troy et al. 2014, pp. 315, 325-326). The band-rumped storm-
petrel's persistence in sites such as the Southwest Rift Zone (6,900 ft 
(2,100 m)) on Mauna Loa (Hawaii Island) has required them to surmount 
physiological challenges posed by nesting in high-elevation conditions 
(cold temperatures, low humidity, and less oxygen). They may possess 
special adaptations for this, such as reduction in porosity and other 
eggshell modifications to reduce the loss of water and carbon dioxide 
during incubation at high elevation (Rahn et al. 1977, p. 3097; Carey 
et al. 1982, p. 716; Carey et al. 1983, p. 349). In sum, the remnant 
distribution of band-rumped storm-petrel breeding sites in only the 
most remote and rugged terrain in Hawaii reflects the conditions 
necessary for the species' persistence in Hawaii (relatively 
undisturbed habitat in areas least accessible to predators) and also 
reflects unique adaptations that facilitate the species' persistence in 
high-elevation areas.
    We have determined that the Hawaii population of band-rumped storm-
petrel is significant to the rest of the taxon. Its loss would result 
in a gap in the range of the species of more than 8,500 mi (13,680 km), 
reducing and potentially precluding connectivity between the two 
remaining populations in the Pacific Basin. In addition, the Hawaii 
population nests at high elevation on some islands, constituting a 
unique ecological setting represented nowhere else in the species' 
breeding range.

DPS Conclusion

    We have evaluated the Hawaii population of band-rumped storm-petrel 
to determine if it meets the definition of a DPS, considering its 
discreteness and significance as required by our policy. We have found 
that this population is markedly separated from other populations by 
geographic distance, and this separation is likely reflected in the 
population's genetic distinctiveness. The Hawaii population is 
significant to the rest of the species because its loss would result in 
a significant gap in the species' range; Hawaii is located roughly 
half-way between the other two populations in the Pacific Ocean, and 
little or no evidence exists of current overlap at sea between the 
Hawaii population and either the Japan or Galapagos populations. The 
Hawaii population of band-rumped storm-petrel also nests at high 
elevation in Hawaii--conditions at high elevation constitute an 
ecological setting unique to the species. We conclude that the Hawaii 
population of band-rumped storm-petrel is a distinct vertebrate 
population segment under our February 7, 1996, DPS Policy (61 FR 4722), 
and that it warrants review for listing under the Act. Therefore, we 
have incorporated the Hawaii DPS of the band-rumped storm-petrel in our 
evaluation of threats affecting the other 48 species addressed in this 
rule (summarized above; see also Summary of Factors Affecting the 49 
Species From the Hawaiian Islands, below).

Summary of Factors Affecting the 49 Species From the Hawaiian Islands

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations (50 CFR part 424), set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1) of the Act: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination. Each of these factors is discussed below.
    In considering factors that might constitute threats to a species, 
we must look beyond the exposure of the species to a factor to evaluate 
whether the species responds to the factor in a way that causes impacts 
to the species or is likely to cause impacts in the future. If a 
species responds negatively to such exposure, the factor may be a 
threat and, during the status review, our aim is to determine whether 
impacts are or will be of an intensity or magnitude to place the 
species at risk. The factor is a threat if it drives, or contributes 
to, the risk of extinction of the species such that the species 
warrants listing as an endangered or threatened species as those terms 
are defined by the Act. This does not necessarily require empirical 
proof of a threat. The combination of exposure and some corroborating 
evidence of how the species is likely affected could suffice. In sum, 
the mere identification of factors that could affect a species 
negatively is not sufficient to compel a finding that listing is 
appropriate; we require evidence that these factors act on the species 
to the point that the species meets the definition of an endangered or 
threatened species.
    If we determine that the threats posed to a species by one or more 
of the five listing factors are, or are likely to become, of such 
magnitude and/or intensity that the species meets the definition of 
either endangered or threatened under section 3 of the Act, that 
species may then be listed as endangered or threatened. The Act defines 
an endangered species as ``in danger of extinction throughout all or a 
significant portion of its range,'' and a threatened species as 
``likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' The threats to 
each of the individual 49 species are summarized in Table 2, and 
discussed in detail below.
    We acknowledge that the specific threats to the individual species 
in this final rule are not all completely understood. Scientific study 
of each of the 49 species is limited because of their rarity and the 
challenging logistics associated with conducting field work in Hawaii 
(areas are typically remote, difficult to access, challenging work 
environments, and expensive to survey in a comprehensive manner). 
However, information is available on many of the threats that act on 
Hawaiian ecosystems, and, for some ecosystems, these threats are well 
studied and understood. Each of the native species that occurs in 
Hawaiian ecosystems suffers from exposure to those threats to differing 
degrees. For the purposes of our listing determination, the best 
available scientific information leads us to conclude that the threats 
that act at the ecosystem level also act on each of the species that 
occurs in those ecosystems. In some cases we have additionally 
identified species-specific threats, such as loss of host plants.
    The following threats affect the 49 species in one or more of the 
ecosystems addressed in this rule:
    (1) Modification and destruction of habitat, including streams, 
ponds, and anchialine pools, by urban development and water extraction. 
Human activities also contribute to increased sedimentation in 
anchialine pools.
    (2) Habitat destruction and modification by feral ungulates 
including pigs, goats, axis deer, black-tailed deer, mouflon, sheep, 
and cattle. The disturbance of soils by these animals causes erosion 
and creates fertile seedbeds for nonnative plants, leading to further 
habitat degradation. Ungulates also trample seedlings.

[[Page 67823]]

    (3) Habitat destruction and modification by nonnative plants. 
Nonnative plants modify availability of light, alter soil-water 
regimes, modify nutrient cycling, alter fire regimes, and ultimately 
convert native dominated plant communities to nonnative plant 
communities. They also cause or contribute to loss of host plants used 
for food and nesting by the yellow-faced bees.
    (4) Habitat destruction by wildfires caused naturally or by humans. 
Fires also destroy the native plant seedbank, and contribute to habitat 
conversion of native forest to nonnative grasslands (grass/fire cycle).
    (5) Habitat destruction and modification, or direct damage and 
death, by stochastic events including drought, erosion, flooding, tree 
falls, rock falls, landslides, hurricanes, and tsunamis.
    (6) Illegal collection of anchialine pool shrimp for personal use 
or commercial trade.
    (7) Herbivory or defoliation of native plants by ungulates, rats, 
slugs, and black twig borers, which have been observed to contribute to 
the decline or death of 35 the 39 plant species (except for Cyperus 
neokunthianus, Cyrtandra hematos, Lepidium orbiculare, and Stenogyne 
kaalae ssp. sherffii). Herbivory also destroys seeds and fruit and 
contributes to lack of reproduction in the wild and low genetic 
diversity compounding the decline of native plants.
    (8) Predation of the band-rumped storm-petrel by rats, barn owls, 
cats, and mongoose.
    (9) Predation of the orangeblack Hawaiian damselfly by bullfrogs, 
backswimmers, Jackson's chameleons, and nonnative fish.
    (10) Predation of the anchialine pool shrimp by nonnative fish.
    (11) Predation of Hylaeus bees by ants and wasps.
    (12) Competition for food and nesting sites of the Hylaeus yellow-
faced bees by nonnative ants, wasps, and bees, and competition for food 
and habitat of the orangeblack Hawaiian damselfly by caddisflies. 
Competition for space and food resources of the anchialine pool shrimp 
by nonnative fish.
    (13) Injury and mortality of the band-rumped storm-petrel caused by 
artificial lighting, communication towers, and power lines.
    (14) Injury and mortality of the band-rumped storm-petrel by the 
activities of fisheries and encounters with marine debris.
    (15) Low numbers and/or no reproduction of all 49 species 
exacerbated by one or more of the above threats, combined with 
inability of the species to adapt to sea-level rise or other factors 
associated with climate change.
    Existing regulatory mechanisms do not ameliorate these threats for 
any of the 49 species such that listing is not warranted. Each of the 
threats listed above is discussed in more detail below, and summarized 
in Table 2.

[[Page 67824]]



                                                                       Table 2--Summary of Primary Threats Identified for Each of the 49 Hawaiian Islands Species
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Factor A                                     Factor B                         Factor C                         Factor D           Factor E
                                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                   Predation/                        Inadequate      Other
            Species                   Ecosystem       Agriculture and                Non- native                   Stochastic         Over-        Predation/     herbivory by      Predation/        existing     species-     Climate
                                                           urban         Ungulates      plants        Fire           events        utilization    herbivory by      other NN      herbivory by NN    regulatory    specific     change
                                                        development                                                                                 ungulates      vertebrates     invertebrates     mechanisms     threats
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Plants:
    Asplenium diellaciniatum...  MM.................  ...............  P, G, BTD...  X..........  ............  ...............  ..............  X.............  ..............  ................  X............  LN........  X.
    Calamagrostis expansa......  MW.................  ...............  P...........  X..........  ............  ...............  ..............  X.............  R.............  ................  X............  LN........  X, Ft.
    Cyanea kauaulaensis........  LW.................  ...............  ............  X..........  ............  E, F, L........  ..............  ..............  R.............  S...............  X............  LN, NR....  X.
    Cyclosorus boydiae.........  LW, MW.............  X, WE..........  P...........  X..........  ............  DR, F, L.......  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Cyperus neokunthianus......  LW.................  ...............  P...........  X..........  ............  ...............  ..............  ..............  ..............  ................  X............  LN........  X.
    Cyrtandra hematos..........  MW.................  ...............  P, G........  X..........  ............  ...............  ..............  ..............  ..............  ................  X............  HY, LN, NR  X, Ft.
    Deparia kaalaana...........  LM, LW.............  ...............  P...........  X..........  ............  DR, F..........  ..............  X.............  ..............  S...............  X............  LN........  X.
    Dryopteris glabra var.       MW.................  ...............  P, BTD......  X..........  ............  L..............  ..............  ..............  R.............  S...............  X............  LN........  X, Ft.
     pusilla.
    Exocarpos menziesii........  LM, MM, MD.........  ...............  G, M, SH....  X..........  X...........  ...............  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Festuca hawaiiensis........  MD.................  ...............  G, SH.......  X..........  X...........  ...............  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Gardenia remyi.............  LM, LW.............  ...............  P, G, D.....  X..........  ............  L..............  ..............  X.............  R.............  ................  X............  LN, NR....  X, Ft.
    Huperzia stemmermanniae....  MW.................  ...............  P, G, D, C..  X..........  ............  DR.............  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Hypolepis hawaiiensis var.   MW.................  ...............  ............  X..........  ............  ...............  ..............  ..............  ..............  S...............  X............  LN........  X, Ft.
     mauiensis.
    Joinvillea ascendens ssp.    LM, LW, MW, MM.....  ...............  P, G, D, BTD  X..........  X...........  L..............  ..............  X.............  R.............  ................  X............  LN, NR....  X, Ft.
     ascendens.
    Kadua fluviatilis..........  LM, LW.............  ...............  P, G........  X..........  ............  L..............  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Kadua haupuensis...........  LM.................  ...............  P...........  X..........  ............  L..............  ..............  ..............  R.............  ................  X............  LN........  X.
    Labordia lorenciana........  MM.................  ...............  P, G, BTD...  X..........  X...........  F, L, TF.......  ..............  X.............  R.............  BTB.............  X............  LN, NR....  X.
    Lepidium orbiculare........  LM.................  ...............  P, G........  X..........  ............  L..............  ..............  ..............  ..............  ................  X............  LN........  X.
    Microlepia strigosa var.     LM, MW, MM.........  ...............  P, G........  X..........  ............  ...............  ..............  X.............  ..............  ................  X............  HY, LN....  X.
     mauiensis.
    Myrsine fosbergii..........  LM, LW, MW.........  ...............  P, G........  X..........  ............  ...............  ..............  X.............  ..............  ................  X............  HY, LN....  X, Ft.
    Nothocestrum latifolium....  LD, LM, DC.........  ...............  P, G, D,      X..........  X...........  ...............  ..............  X.............  ..............  BTB.............  X............  LN, NR....  X, Ft.
                                                                        BTD, M, C.
    Ochrosia haleakalae........  LM, MM, DC.........  ...............  P, G, C.....  X..........  X...........  ...............  ..............  X.............  R.............  S...............  X............  LN, NR....  X, Ft.
    Phyllostegia brevidens.....  LW, MW, WC.........  ...............  P...........  X..........  ............  E, L...........  ..............  X.............  ..............  S...............  X............  LN........  X, Ft.
    Phyllostegia helleri.......  LW, MW, WC.........  ...............  P, G........  X..........  ............  L..............  ..............  ..............  R.............  ................  X............  LN........  X, Ft.
    Phyllostegia stachyoides...  MW, MM.............  ...............  P, G, D.....  X..........  ............  DR, E, F, L, RF  ..............  X.............  R.............  S...............  X............  LN........  X, Ft.
    Portulaca villosa..........  CO, LD, MD.........  ...............  G, D, M, C..  X..........  X...........  L, RF..........  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Pritchardia bakeri.........  LM.................  ...............  P...........  X..........  ............  HUR............  ..............  ..............  R.............  ................  X............  LN........  X.
    Pseudognaphalium             CO.................  ...............  G, D........  X..........  ............  L, RF..........  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
     sandwicensium var.
     molokaiense.
    Ranunculus hawaiensis......  MM, MD, SA.........  ...............  P, M, C.....  X..........  ............  DR, E..........  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Ranunculus mauiensis.......  MW, MM, WC.........  ...............  P, G, D,      X..........  X...........  DR, E, L.......  ..............  X.............  R.............  S...............  X............  LN........  X, Ft.
                                                                        BTD, C.
    Sanicula sandwicensis......  MM, MD, SA.........  ...............  P, G........  X..........  X...........  DR, E, F.......  ..............  X.............  R.............  ................  X............  LN........  X, Ft.
    Santalum involutum.........  LM, LW.............  ...............  P, G........  X..........  X...........  ...............  ..............  X.............  R.............  ................  X............  LN........  X.
    Schiedea diffusa ssp.        LW, MW.............  ...............  P...........  X..........  ............  ...............  ..............  ..............  R.............  S...............  X............  LN........  X.
     diffusa.
    Schiedea pubescens.........  LW, MW, MM, WC.....  ...............  P, G, D, C..  X..........  X...........  DR, E, F.......  ..............  X.............  R.............  S...............  X............  LN........  X, Ft.
    Sicyos lanceoloideus.......  LM, MM, DC.........  ...............  P, G, BTD...  X..........  X...........  DR.............  ..............  X.............  ..............  ................  X............  LN........  X, Ft.
    Sicyos macrophyllus........  MW, MM, MD.........  ...............  P, M, C.....  X..........  X...........  ...............  ..............  X.............  R.............  ................  X............  LN........  X, Ft.
    Solanum nelsonii...........  CO.................  ...............  D, C........  X..........  X...........  DR, E, F, TS...  ..............  X.............  R.............  ................  X............  LN, SL....  X, Ft.
    Stenogyne kaalae ssp.        LW.................  ...............  P...........  X..........  ............  ...............  ..............  ..............  ..............  ................  X............  LN........  X, Ft.
     sherffii.
    Wikstroemia skottsbergiana.  LW.................  ...............  P, G........  X..........  ............  L..............  ..............  ..............  R.............  ................  X............  LN........  X.
ANIMALS:
    Band-rumped storm-petrel     CO, SA, DC, WC.....  ...............  G...........  X..........  ............  E, L, HUR......  ..............  ..............  R, O, CA, MO..  ................  X............  LI, ST, H,  X.
     (Oceanodroma castro).                                                                                                                                                                                         LN.
    Orangeblack Hawaiian         AP, CO, LD, LM.....  X, WE..........  P, G, D.....  X..........  ............  DR, F, HUR.....  ..............  ..............  FS, BF, JC....  BS..............  X............  LN, CD....  X.
     damselfly (Megalagrion
     xanthomelas).
    Anchialine pool shrimp       AP.................  X, WE..........  ............  ...........  ............  ...............  X.............  ..............  FS............  ................  X............  FS, H, LN,  X.
     (Procaris hawaiana).                                                                                                                                                                                          RU, SD,
                                                                                                                                                                                                                   SL.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, D, SH,  X..........  X...........  DR, HUR, TS....  ..............  ..............  ..............  A, W,...........  X............  LN, W, B,   X.
     anthracinus).                                                      C.                                                                                                                                         LHP.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, D, M,   X..........  X...........  DR, HUR, TS....  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     assimulans).                                                       C.                                                                                                                                         LHP.
    Yellow-faced bee (Hylaeus    CO, LD, LM.........  X..............  P, G, D, C..  X..........  X...........  DR, HUR, TS....  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     facilis).                                                                                                                                                                                                     LHP.

[[Page 67825]]

 
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, D, C..  X..........  X...........  DR, HUR, TS....  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     hilaris).                                                                                                                                                                                                     LHP.
    Yellow-faced bee (Hylaeus    LM.................  ...............  P...........  X..........  X...........  DR, HUR........  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     kuakea).                                                                                                                                                                                                      LHP.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  D...........  X..........  X...........  DR, HUR, TS....  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     longiceps).                                                                                                                                                                                                   LHP, RU.
    Yellow-faced bee (Hylaeus    LM.................  ...............  P...........  X..........  X...........  DR, HUR........  ..............  ..............  ..............  A, W............  X............  LN, W, B,   X.
     mana).                                                                                                                                                                                                        LHP.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Factor A = Habitat Modification; Factor B = Overutilization; Factor C = Disease or Predation; Factor D = Inadequacy of Regulatory Mechanisms: the Xs in this column indicate that existing regulatory mechanisms do not ameliorate the
  threats to the species such that listing is not warranted (we do not identify Factor D, in and of itself, as a threat to the species); Factor E = Other Species-Specific Threats.
AP = Anchialine Pools; CO = Coastal; LD = Lowland Dry; LM = Lowland Mesic; LW = Lowland Wet; MW = Montane Wet; MM = Montane Mesic; MD = Montane Dry; SA = Subalpine; DC = Dry Cliff; WC = Wet Cliff.
A = Ants, B = Bees (competition); BF = Bullfrog; BS = Backswimmer; BTB = Black Twig Borer; BTD = Black-tailed Deer; C = Cattle; CA = Cats; CD = Caddisflies; D = Axis Deer; ; FS = Fish; G = Goats; JC = Jackson's Chameleons; M =
  Mouflon; MO = Mongoose; O = Barn Owls; P = Pigs; R = Rats; S = Slugs; SH = Sheep; W = Wasps (competition, predation).
DR = Drought; E = Erosion; F = Flooding; Ft = assessed in Fortini et al. (2013) climate change vulnerability analysis; H = Human (fisheries, marine debris, contamination); HUR = Hurricanes; HY = Hybridization; L = Landslides; LHP =
  Loss of Host Plants; LI = Lights; LN = Low Numbers; NR = No Regeneration; RF = Rockfalls; RU = Recreational Use (swimming, fishing, dumping trash and nonnative fish); SD = Sedimentation; SL = Sea Level Rise; ST = Structures; TF =
  Tree Fall; TS = Tsunami; WE = Water Extraction.


[[Page 67826]]

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Their Habitat or Range

    The Hawaiian Islands are located over 2,000 mi (3,200 km) from the 
nearest continent. This isolation has allowed the few plants and 
animals transported to the islands by wind, water, or birds to evolve 
into many varied and endemic species. The only native terrestrial 
mammals on the Hawaiian Islands include two bat taxa, the Hawaiian 
hoary bat (Lasiurus cinereus semotus), and an extinct, unnamed 
insectivorous bat (Ziegler 2002, p. 245). The native plants of the 
Hawaiian Islands therefore evolved in the absence of mammalian 
predators, browsers, or grazers, and subsequently, many native species 
lost unneeded defenses against threats typical of continental 
environments such as herbivory and competition with aggressive, weedy 
plant species (Loope 1992, p. 11; Gagne and Cuddihy 1999, p. 45; Wagner 
et al. 1999, pp. 3-6). For example, Carlquist (in Carlquist and Cole 
1974, p. 29) notes, ``Hawaiian plants are notably nonpoisonous, free 
from armament, and free from many characteristics thought to be 
deterrents to herbivores (oils, resins, stinging hairs, coarse 
texture).'' In addition, species restricted to highly specialized 
habitats (e.g., Hawaiian damselflies) or food and nesting sources 
(e.g., Hawaiian yellow-faced bees) are particularly vulnerable to 
changes in their habitat (Carlquist and Cole 1974, pp. 28-29; Loope 
1992, pp. 3-6).
Habitat Destruction and Modification by Agriculture and Urban 
Development
    Past land use practices such as agriculture or urban development 
have resulted in little or no native vegetation below 2,000 ft (600 m) 
throughout the Hawaiian Islands (TNC 2006). These land use practices 
negatively affect the anchialine pool, coastal, lowland dry, and 
lowland mesic ecosystems, including streams and wetlands that occur 
within these areas. Hawaii's agricultural industries (e.g., sugar cane, 
pineapple) have been declining in importance, and large tracts of 
former agricultural lands are being converted into residential areas or 
left fallow (TNC 2007). In addition, Hawaii's population has increased 
almost 10 percent in the past 10 years, further increasing demands on 
limited land and water resources in the islands (Hawaii Department of 
Business, Economic Development and Tourism 2013, in litt.).
    Development and urbanization of anchialine pool, coastal, lowland 
dry, and lowland mesic ecosystems on Oahu, Molokai, Maui, Lanai, and 
Hawaii Island are a threat to some species:
     On Oahu, the plant Cyclosorus boydiae, the orangeblack 
Hawaiian damselfly, and the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, and H. longiceps.
     On Molokai, the orangeblack Hawaiian damselfly and the 
yellow-faced bees Hylaeus anthracinus, H. facilis, H. hilaris, and H. 
longiceps.
     On Maui, the plant Cyclosorus boydiae, the orangeblack 
Hawaiian damselfly, the anchialine pool shrimp Procaris hawaiana, and 
the yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, 
H. hilaris, and H. longiceps.
     On Lanai, the orangeblack Hawaiian damselfly, and the 
yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, and H. longiceps.
     On Hawaii Island, the orangeblack Hawaiian damselfly, the 
anchialine pool shrimp Procaris hawaiana, and the yellow-faced bee 
Hylaeus anthracinus. (Daly and Magnacca 2003, pp. 55, 173; Palmer 2003, 
p. 88; Magnacca 2007, p. 188; Magnacca and King 2013, pp. 22-25).
    Although we are unaware of any comprehensive, site-by-site 
assessment of wetland development in Hawaii (Erikson and Puttock 2006, 
p. 40), Dahl (1990, p. 7) estimated that at least 12 percent of lowland 
to upper-elevation wetlands in Hawaii had been converted to non-wetland 
habitat by the 1980s. If only coastal plain (below 1,000 ft (300 m)) 
marshlands and wetlands are considered, it is estimated that 30 percent 
were developed or converted to agricultural use (Kosaka 1990, in 
litt.). Records show the modification and reduction in area of these 
marshlands and wetlands that provided habitat for many damselfly 
species, including the orangeblack Hawaiian damselfly (Englund 2001, p. 
256; Rees and Reed 2013, Fig 2S). Once modified, these areas then lack 
the aquatic habitat features that the orangeblack Hawaiian damselfly 
requires for essential life-history needs, such as pools of 
intermittent streams, ponds, and coastal springs (Polhemus 1996 pp. 30-
31, 36). Although the filling of wetlands is regulated by section 404 
of the Clean Water Act (33 U.S.C. 1251 et seq.), the loss of riparian 
or wetland habitats utilized by the orangeblack Hawaiian damselfly may 
still occur due to Hawaii's population growth and development, with 
concurrent demands on limited developable land and water resources. The 
State's Commission of Water Resource Management (CWRM) recognizes the 
need to update the 2008 water resource protection plan, and an update 
is currently under development (CWRM 2014, in litt.). In addition, 
marshes have been slowly filled and converted to meadow habitat as a 
result of sedimentation from increased storm water runoff from upslope 
development, the accumulation of uncontrolled growth of invasive 
vegetation, and blockage of downslope drainage (Wilson Okamoto & 
Associates, Inc. 1993, pp. 3-4-3-5). Agriculture and urban development 
have thus contributed to habitat destruction and modification, and 
continue to be a threat to the habitat of the orangeblack Hawaiian 
damselfly and the fern, Cyclosorus boydiae.
    On Hawaii Island, it is estimated that up to 90 percent of the 
anchialine pools have been destroyed or altered by human activities, 
including bulldozing and filling of pools (Brock 2004, p. i; Bailey-
Brock and Brock 1993, p. 354). Dumping of trash and nonnative fish has 
affected anchialine pools on this island (Brock 2004, pp. 13-17) (see 
Factor E. Other Natural or Manmade Factors Affecting Their Continued 
Existence, below). Brock also noted that garbage like bottles and cans 
appear to have no net negative impact, while the dumping of used oil, 
oil filters, and grease has resulted in the disappearance of the 
anchialine pool shrimp Halaocaridina rubra from a pool adjacent to 
Honokohau Harbor on Hawaii Island. Lua O Palahemo (where Procaris 
hawaiana occurs) on Hawaii Island is accessible to the public, and 
dumping has occurred there (Brock 2004, pp. 13-17). We are not aware of 
any dumping activities within the two Maui anchialine pools known to be 
occupied by P. hawaiana; however, this threat remains a possibility 
(Brock 2004, pp. 13-17).
    Destruction and modification of Hylaeus habitat by urbanization and 
land use conversion, including agriculture, has led to the 
fragmentation of foraging and nesting habitat of these species. In 
particular, because native host plant species are known to be essential 
to the yellow-faced bees for foraging of nectar and pollen, any further 
loss of this habitat may reduce their long-term chances for recovery. 
Additionally, further destruction and modification of Hylaeus habitat 
is also likely to facilitate the introduction and spread of nonnative 
plants within these areas (see ``Habitat Destruction and Modification 
by Nonnative Plants,'' below).
Habitat Destruction and Modification by Nonnative Ungulates
    Nonnative ungulates have greatly affected the native vegetation, as 
well as the native fauna, of the Hawaiian

[[Page 67827]]

Islands. Impacts to the native species and ecosystems accelerated 
following the arrival of Captain James Cook in 1778. The Cook 
expedition and subsequent explorers intentionally introduced a European 
race of pigs (i.e., boars) and other livestock such as goats to serve 
as food sources for seagoing explorers (Tomich 1986, pp. 120-121; Loope 
1998, p. 752). The mild climate of the islands, combined with lack of 
competitors or predators, led to the successful establishment of large 
populations of these feral mammals, to the detriment of native Hawaiian 
species and ecosystems (Cox 1992, pp. 116-117). The presence of 
introduced mammals is considered one of the primary factors underlying 
the modification and destruction of native vegetation and habitats of 
the Hawaiian Islands (Cox 1992, pp. 118-119). All of the 11 ecosystems 
on the main islands (except Kahoolawe) are currently affected by 
habitat destruction resulting from the activities of various 
combinations of nonnative ungulates, including pigs (Sus scrofa), goats 
(Capra hircus), axis deer (Axis axis), black-tailed deer (Odocoileus 
hemionus columbianus), sheep (Ovis aries), mouflon (Ovis gmelini 
musimon) and mouflon-sheep hybrids, and cattle (Bos taurus). Habitat 
destruction or modification by ungulates is a threat to 37 of the 39 
plant species, the band-rumped storm-petrel, the orangeblack Hawaiian 
damselfly, and the seven yellow-faced bees (see Table 2).
Pigs (Sus scrofa)
    The destruction or modification of habitat by pigs is currently a 
threat to four of the ecosystems (lowland mesic, lowland wet, montane 
wet, and montane mesic) in which these species occur. Feral pigs are 
known to cause deleterious impacts to ecosystem processes and functions 
throughout their worldwide distribution (Campbell and Long 2009, p. 
2319). Pigs have been described as having the most pervasive and 
disruptive nonnative influences on the unique ecosystems of the 
Hawaiian Islands and are widely recognized as one of the greatest 
current threats (Aplet et al. 1991. p. 56; Anderson and Stone 1993, p. 
195; Anderson et al. 2007, in litt.). Introduced European pigs 
hybridized with smaller, domesticated Polynesian pigs, became feral, 
and invaded forested areas, especially mesic and wet forests, from low 
to high elevations; they are present on all the main Hawaiian Islands 
except Lanai and Kahoolawe, where they have been eradicated (Tomich 
1986, pp. 120-121; Munro (1911-1930) 2007, p. 85). By the early 1900s, 
feral pigs were already recognized as a serious threat to these areas, 
and an eradication project was conducted by the Hawaii Territorial 
Board of Agriculture and Forestry, which removed 170,000 pigs from 
forests Statewide (Diong 1982, p. 63).
    Feral pigs are extremely destructive and have both direct and 
indirect impacts on native plant communities. While rooting in the 
earth in search of invertebrates and plant material, pigs directly 
affect native plants by disturbing and destroying vegetative cover and 
by trampling plants and seedlings. It has been estimated that at a 
conservative rooting rate of 2 square yards (sq yd) (1.7 square meters 
(sq m)) per minute and only 4 hours of foraging per day, a single pig 
could disturb over 1,600 sq yd (1,340 sq m) (or approximately 0.3 acres 
(ac) (0.1 hectares (ha)) of groundcover per week (Anderson et al. 2007, 
in litt.). Feral pigs are a major vector for the establishment and 
spread of invasive nonnative plant species, such as Passiflora 
tarminiana and Psidium cattleianum, by dispersing seeds carried on 
their hooves and coats and in their feces (which also serve to 
fertilize disturbed soil) (Diong 1982, pp. 169-170; Matson 1990, p. 
245; Siemann et al. 2009, p. 547). Pigs also feed directly on native 
plants such as Hawaiian tree ferns. Pigs preferentially eat the core of 
tree-fern trunks, and these cored trunks then fill with rainwater and 
serve as breeding sites for introduced mosquitoes that spread avian 
malaria, with devastating consequences for Hawaii's native forest birds 
(Baker 1975, p. 79). Additionally, rooting pigs contribute to erosion, 
especially on slopes, by clearing vegetation and creating large areas 
of disturbed soil (Smith 1985, pp. 190, 192, 196, 200, 204, 230-231; 
Stone 1985, pp. 254-255, 262-264; Medeiros et al. 1986, pp. 27-28; 
Scott et al. 1986, pp. 360-361; Tomich 1986, pp. 120-126; Cuddihy and 
Stone 1990, pp. 64-65; Aplet et al. 1991, p. 56; Loope et al. 1991, pp. 
1-21; Gagne and Cuddihy 1999, p. 52; Nogueira-Filho et al. 2009, pp. 
3677-3682; Dunkell et al. 2011, pp. 175-177). The resulting erosion 
alters native plant communities by damaging individual plants, 
contributing to watershed degradation, and changing nutrient 
availability for plants; erosion also affects aquatic animals by 
increasing sedimentation in streams and pools (Vitousek et al. 2009, 
pp. 3074-3086; Nogueira-Filho et al. 2009, p. 3681; Cuddihy and Stone 
1992, p. 667). The following 15 plants are at risk from erosion and 
landslides resulting from the activities of feral pigs: Cyclosorus 
boydiae, Dryopteris glabra var. pusilla, Gardenia remyi, Joinvillea 
ascendens ssp. ascendens, Kadua fluviatilis, K. haupuensis, Labordia 
lorenciana, Lepidium orbiculare, Phyllostegia brevidens, P. helleri, P. 
stachyoides, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, and Schiedea pubescens. Thirty-two of the 39 plants (all 
except for Cyanea kauaulaensis, Exocarpos menziesii, Festuca 
hawaiiensis, Hypolepis hawaiiensis var. mauiensis, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, and Solanum nelsonii) 
are at risk of habitat destruction and modification by feral pigs, and 
the orangeblack Hawaiian damselfly and six of the seven yellow-faced 
bees (all except Hylaeus longiceps) are at risk of habitat destruction 
and modification by feral pigs (see Table 2).
Goats (Capra hircus)
    Feral goats currently destroy and modify habitat in 10 of the 11 
ecosystems (coastal, lowland dry, lowland mesic, lowland wet, montane 
wet, montane mesic, montane dry, subalpine, dry cliff, and wet cliff) 
in which these species occur. Goats, native to the Middle East and 
India, were successfully introduced to the Hawaiian Islands in the late 
1700s. Actions to control feral goat populations began in the 1920s 
(Tomich 1986, pp. 152-153). However, goats still occupy a wide variety 
of habitats on all the main islands (except for Kahoolawe; see below), 
where they consume native vegetation, trample roots and seedlings, 
strip tree bark, accelerate erosion, and promote the invasion of 
nonnative plants (van Riper and van Riper 1982, pp. 34-35; Stone 1985, 
p. 261; Kessler 2010, pers. comm.). Kahoolawe was negatively affected 
by ungulates beginning in 1793, with introduction of goats and the 
addition of sheep (up to 15,000) and cattle (about 900) by ranchers 
between 1858 and 1941, with the goat population estimated to be as high 
as 50,000 individuals by 1988 (KIRC 2014, in litt.; KIRC 2015, in 
litt.). Beginning in 1941, the U.S. military used the entire island as 
a bombing range, and in 1994, control of Kahoolawe was returned to the 
State and the Kahoolawe Island Reserve Commission. The remaining 
ungulates were eradicated in 1993 (McLeod 2014, in litt.). Because they 
are able to access extremely rugged terrain, and have a high 
reproductive capacity (Clark and Cuddihy 1980, pp. C-19-C2-20; Culliney 
1988, p. 336; Cuddihy and Stone 1990, p. 64), goats are believed to 
have completely eliminated some plant species from certain islands 
(Atkinson and Atkinson 2000, p. 21). Goats are

[[Page 67828]]

highly destructive to native vegetation and contribute to erosion by: 
(1) Eating young trees and young shoots of plants before they become 
established; (2) creating trails that damage native vegetative cover; 
(3) destabilizing substrate and creating gullies that convey water; and 
(4) dislodging stones from ledges that results in rockfalls and 
landslides that damage or destroy native vegetation below (Cuddihy and 
Stone 1990, pp. 63-64). Feral goats forage along some cliffs where 
band-rumped storm-petrels nest on Kauai, and may trample nests and 
increase erosion (Scott et al. 1986, pp. 8, 352-357; Tomich 1986, pp. 
152-153). The band-rumped storm-petrel and the following 12 plants are 
at risk from landslides or erosion caused by feral goats: Gardenia 
remyi, Joinvillea ascendens ssp. ascendens, Kadua fluviatilis, Labordia 
lorenciana, Lepidium orbiculare, Phyllostegia helleri, P. stachyoides, 
Portulaca villosa, Pseudognaphalium sandwicensium var. molokaiense, 
Ranunculus mauiensis, Sanicula sandwicensis, and Schiedea pubescens. 
Twenty-four of the 39 plants (all except for Calamagrostis expansa, 
Cyanea kauaulaensis, Cyclosorus boydiae, Cyperus neokunthianus, Deparia 
kaalaana, Dryopteris glabra var. pusilla, Hypolepis hawaiiensis var. 
mauiensis, Kadua haupuensis, Phyllostegia brevidens, Pritchardia 
bakeri, Ranunculus hawaiensis, Schiedea diffusa ssp. diffusa, Sicyos 
macrophyllus, Solanum nelsonii, and Stenogyne kaalae ssp. sherffii), 
the band-rumped storm-petrel, the orangeblack Hawaiian damselfly, and 
four of the yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. 
facilis, and H. hilaris) are at risk of habitat destruction and 
modification by feral goats.
Axis Deer (Axis axis)
    Axis deer destroy and modify 6 of the 11 ecosystems (coastal, 
lowland dry, lowland mesic, lowland wet, montane wet, and montane 
mesic) in which these species are found. Axis deer were introduced to 
the Hawaiian Islands for hunting opportunities on Molokai in 1868, on 
Lanai in 1920, and on Maui in 1959 (Hobdy 1993, p. 207; Erdman 1996, 
pers. comm. in Waring 1996, in litt., p. 2; Hess 2008, p. 2). Axis deer 
are primarily grazers, but also browse numerous palatable plant species 
including those grown as commercial crops (Waring 1996, p. 3; Simpson 
2001, in litt.). They prefer the low, openly vegetated areas for 
browsing and grazing, but during episodes of drought (e.g., from 1998 
to 2001 on Maui (Medeiros 2010, pers. comm.)), axis deer move into 
urban and forested areas in search of food (Waring 1996, p. 5; 
Nishibayashi 2001, in litt.). Like goats, axis deer are highly 
destructive to native vegetation and contribute to erosion by eating 
young trees and young shoots of plants before they can become 
established. Other axis deer impacts include stripping bark from mature 
trees, creating trails, promoting erosion by destabilizing substrate, 
creating gullies that convey water, and dislodging stones from ledges 
that can result in rockfalls and landslides that directly damage 
vegetation (Cuddihy and Stone 1990, pp. 63-64).
    On Molokai, axis deer likely occur at all elevations from sea level 
to almost 5,000 ft (1,500 m) at the summit area (Kessler 2011, pers. 
comm.). The most current population estimate for axis deer on the 
island of Molokai is between 4,000 and 5,000 individuals (Anderson 
2003, p. 119). Little management for deer control has been implemented 
on Molokai, and this figure from more than a decade ago is likely an 
underestimate of the axis deer population on this island today (Scott 
et al. 1986, p. 360; Anderson 2003, p. 30; Hess 2008, p. 4). On Lanai, 
axis deer were reported to number approximately 6,000 to 8,000 
individuals in 2007 (The Aloha Insider 2008, in litt; WCities 2010, in 
litt.). On Maui, five adult axis deer were released east of Kihei in 
1959 (Hobdy 1993, p. 207; Hess 2008, p. 2). In 2013, the Maui Axis Deer 
Working Group estimated that there may be 8,000 deer on southeast Maui 
alone, based on helicopter surveys (Star Advertiser 2015, in litt.; 
Hawaii News Now 2014, in litt.) According to Medeiros (2010, pers. 
comm.) axis deer can be found in all but high-elevation ecosystems 
(subalpine and alpine) and montane bogs on Maui, and are increasing in 
numbers at such high rates that native forests are changing in 
unprecedented ways. Additionally, Medeiros (2010, pers. comm.) asserted 
that native plants will only survive in habitat that is fenced or 
otherwise protected from the browsing and trampling effects of axis 
deer. Kessler (2010, pers. comm.) and Hess (2010, pers. comm.) reported 
the presence of axis deer up to 9,000 ft (2,700 m) on Maui, and Kessler 
suggests that no ecosystem is safe from the negative impacts of these 
animals. Montane bogs are also susceptible to impacts from axis deer. 
As the native vegetation is removed by browsing and trampling, the soil 
dries out, and nonnative plants invade. Eventually, the bog habitat and 
its associated native plants and animals are replaced by grassland or 
shrubland dominated by nonnative plants (Mitchell et al. 2005, p. 6-
32).
    While axis deer are allowed as game animals on these three islands, 
the State does not permit their introduction to other Hawaiian Islands. 
In 2010-2011, axis deer were illegally introduced to Hawaii Island as a 
game animal (Kessler 2011, pers. comm.; Aila 2012, in litt.), and deer 
have now been observed across the southern portion of the island 
including in Kohala, Kau, Kona, and Mauna Kea (HDLNR 2011, in litt.). 
The Hawaii Department of Lands and Natural Resources (HDLNR) Division 
of Forestry and Wildlife (HDOFAW) has developed a response-and-removal 
plan, including a partnership now underway with the Hawaii Department 
of Agriculture (HDOA), the Big Island Invasive Species Committee 
(BIISC), Federal natural resource management agencies, ranchers, 
farmers, private landowners, and concerned citizens (BigIsland.com, 
June 6, 2011). Also, in response to the introduction of axis deer to 
Hawaii Island, the Hawaii Invasive Species Council drafted House Bill 
2593 to amend House Revised Statutes (H.R.S.) 91, which allows agencies 
to adopt emergency rules in the instances of imminent peril to public 
health, including to livestock and poultry health (BigIsland.com 2011, 
in litt.; Martin 2012, in litt.). This emergency rule became permanent 
on June 21, 2012, when House Bill 2593 was enacted into law as Act 194 
(State of Hawaii 2012, in litt.).
    The following 16 species in this rule are at risk from the 
activities of axis deer: Gardenia remyi, Huperzia stemmermanniae, 
Joinvillea ascendens ssp. ascendens, Nothocestrum latifolium, 
Phyllostegia stachyoides, Portulaca villosa, Pseudognaphalium 
sandwicensium var. molokaiense, Ranunculus mauiensis, Schiedea 
pubescens, Solanum nelsonii, the orangeblack Hawaiian damselfly, and 
five of the yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, and H. longiceps).
Black-Tailed Deer (Odocoileus hemionus columbianus)
    Black-tailed deer destroy and modify habitat in 5 of the 11 
ecosystems (lowland mesic, lowland wet, montane wet, montane mesic, and 
dry cliff) in which these species occur. The black-tailed deer is one 
of nine subspecies of mule deer (Natural History Museum 2015, in 
litt.). Black-tailed deer were first introduced to Kauai in 1961, for 
the purpose of sport hunting (Tomich 1986, pp. 131-134). Currently, 
these deer are only known from the western side of the island, where 
they feed on a variety of

[[Page 67829]]

native (e.g., Acacia koa and Coprosma spp.) and nonnative plants (van 
Riper and van Riper 1982, pp. 42-46; Tomich 1986, p. 134). In addition 
to their direct impacts on native plants (browsing), black-tailed deer 
likely affect native plants indirectly by serving as a primary vector 
for the spread of introduced plants by carrying their seeds or other 
propagules on their coats and hooves and in feces. Black-tailed deer 
have been noted as a cause of habitat alteration in the Kauai 
ecosystems (NTBG 2007, in litt.; HBMP 2010). Seven of the 39 plants 
(Asplenium diellaciniatum, Dryopteris glabra var. pusilla, Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
Ranunculus mauiensis, and Sicyos lanceoloideus) are at risk of habitat 
destruction and modification by black-tailed deer.
Sheep (Ovis aries)
    Four of the ecosystems on Hawaii Island (lowland dry, lowland 
mesic, montane mesic, and montane dry) in which these species occur are 
currently threatened by habitat destruction and modification due to the 
activities of feral sheep. Sheep were introduced to Hawaii Island in 
1791, when Captain Vancouver brought five rams and two ewes from 
California (Tomich 1986, pp. 156-163). Soon after, stock was brought 
from Australia, Germany, and the Mediterranean for sheep production 
(Tomich 1986, pp. 156-163; Cuddihy and Stone 1990, pp. 65-66), and by 
the early 1930s, herds reached close to 40,000 individuals (Scowcroft 
and Conrad 1992, p. 627). Capable of acquiring the majority of their 
water needs by consuming vegetation, sheep can inhabit dry forests in 
remote regions of the mountains of Mauna Kea and Mauna Loa, including 
the saddle between the two volcanoes. Feral sheep browse and trample 
native vegetation and have decimated large areas of native forest and 
shrubland on Hawaii Island (Tomich 1986, pp. 156-163; Cuddihy and Stone 
1990, pp. 65-66). Browsing results in the erosion of top soil that 
alters moisture regimes and micro-environments, leading to the loss of 
native plants and animals (Tomich 1986, pp. 156-163; Cuddihy and Stone 
1990, pp. 65-66). In addition, nonnative plant seeds are dispersed into 
native forest by adhering to sheep's wool coats (DOFAW 2002, p. 3). In 
1962, game hunters intentionally crossbred feral sheep with mouflon 
sheep and released them on Mauna Kea, where they have done extensive 
damage to the montane dry ecosystem (Tomich 1986, pp. 156-163). Over 
the past 30 years, attempts to protect the vegetation of Mauna Kea and 
the saddle area between the two volcanoes have been only sporadically 
effective (Hess 2008, pp. 1, 4). Currently, a large population of sheep 
(and mouflon hybrids) extends from Mauna Kea into the saddle and 
northern part of Mauna Loa, including State forest reserves, where they 
trample and browse all vegetation, including endangered plants (Hess 
2008, p. 1). One study estimated as many as 2,500 mouflon within just 
the Kau district of the Kahuku Unit (Volcanoes National Park) in 2006 
(Hess et al. 2006, p. 10). Two of the 39 plants, Exocarpos menziesii 
and Festuca hawaiiensis, and the yellow-faced bee Hylaeus anthracinus, 
are reported to be at risk of habitat destruction and modification by 
feral sheep (see Table 2).
Mouflon (Ovis gmelini musimon)
    Mouflon destroy and modify habitat in 6 of the 11 ecosystems on 
Maui, Lanai, and Hawaii Island (lowland dry, lowland mesic, montane 
mesic, montane dry, subalpine, and dry cliff) in which these species 
occur. Native to central Asia, mouflon were introduced to the islands 
of Lanai and Hawaii in the 1950s as game species, and are now widely 
established on these islands (Tomich 1986, pp. 163-168; Cuddihy and 
Stone 1990, p. 66; Hess 2008, p. 1). Due to their high reproductive 
rate, the original population of 11 mouflon on the island of Hawaii 
increased to more than 2,500 individuals in 36 years, even though they 
were hunted for game (Hess 2008, p. 3). Mouflon have decimated vast 
areas of native shrubland and forest through grazing, browsing, and 
bark stripping (Stone 1985, p. 271; Cuddihy and Stone 1990, pp. 63, 66; 
Hess 2008, p. 3). Mouflon also create trails and pathways through 
vegetation, resulting in soil compaction and increased runoff and 
erosion. In some areas, the interaction of browsing and soil compaction 
has led to a shift from native forest to grassy scrublands (Hess 2008, 
p. 3). Mouflon only gather in herds when breeding, thus complicating 
control techniques and hunting efficiency (Hess 2008, p. 3; Ikagawa 
2011, in litt.). Currently, many of the current and proposed fence 
exclosures on Hawaii Island constructed to protect rare species and 
habitat are designed to exclude feral pigs, goats, and sheep and are 
only 4 ft (1.3 m) in height; a fence height of at least 6 ft (2 m) is 
necessary to exclude mouflon (Ikagawa 2011, in litt.). Five of the 39 
plant species (Exocarpos menziesii, Nothocestrum latifolium, Portulaca 
villosa, Ranunculus hawaiensis, and Sicyos macrophyllus), and the 
yellow-faced bee Hylaeus assimulans, are at risk from habitat 
destruction and modification resulting from the activities of mouflon 
(see Table 2).
Cattle (Bos taurus)
    Cattle destroy and modify habitat in 7 of the 11 ecosystems on Maui 
and Hawaii Island (coastal, lowland dry, lowland mesic, lowland wet, 
montane wet, montane mesic, and montane dry) in which these species 
occur. Cattle, the wild progenitors of which were native to Europe, 
northern Africa, and southwestern Asia, were introduced to the Hawaiian 
Islands in 1793, and large feral herds (as many as 12,000 on the island 
of Hawaii) developed as a result of restrictions on killing cattle 
decreed by King Kamehameha I (Cuddihy and Stone 1990, p. 40). While 
small cattle ranches were developed on Kauai, Oahu, Molokai, west Maui, 
and Kahoolawe, very large ranches of tens of thousands of acres were 
created on east Maui and Hawaii Island (Stone 1985, pp. 256, 260; 
Broadbent 2010, in litt.). Feral cattle can be found today on the 
islands of Molokai, Maui, and Hawaii. Feral cattle eat native 
vegetation, trample roots and seedlings, cause erosion, create 
disturbed areas into which alien plants invade, and spread seeds of 
alien plants carried in their feces and on their bodies. The forest in 
areas grazed by cattle rapidly degrades into grassland pasture, and 
plant cover remains reduced for many years following removal of cattle 
from an area. Increased nitrogen availability through the feces of 
cattle contributes to the ingress of nonnative plant species (Kohala 
Mountain Watershed Partnership (KMWP) 2007, pp. 54-55; Laws et al. 
2010, in litt.). Furthermore, several alien grasses and legumes 
purposely introduced for cattle forage have become invasive weeds 
(Tomich 1986, pp. 140-150; Cuddihy and Stone 1990, p. 29). According to 
Kessler (2011, pers. comm.) approximately 300 individuals roam east 
Maui as high as the subalpine ecosystem (i.e., to 9,800 ft (3,000 m)), 
and feral cattle are occasional observed on west Maui. Feral cattle 
(more than 100 individuals) are reported from remote regions of Hawaii 
Island, including the back of Pololu and Waipio Valleys in the Kohala 
Mountains, and the Kona Unit of the Hakalau Forest National Wildlife 
Refuge (NWR) (KMWP 2007, p. 55; USFWS 2010, pp. 3-15, 4-86). Nine of 
the 39 plant species (Huperzia stemmermanniae, Nothocestrum latifolium, 
Ochrosia haleakalae, Portulaca villosa, Ranunculus hawaiensis, R. 
mauiensis, Schiedea pubescens, Sicyos macrophyllus, and Solanum 
nelsonii) and four of the

[[Page 67830]]

yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, and 
H. hilaris) are currently at risk of habitat destruction or 
modification due to the activities of feral cattle.
    In summary, 37 of the 39 plant species (all except Cyanea 
kauaulaensis and Hypolepis hawaiiensis var. mauiensis), and 9 of the 10 
animals (except for the anchialine pool shrimp Procaris hawaiana), are 
at risk of habitat destruction and modification by ungulates including 
pigs, goats, axis deer, black-tailed deer, sheep, mouflon, and cattle 
(see Table 2). The effects of these nonnative animals include the 
destruction of vegetative cover, trampling of plants and seedlings, 
direct consumption of native vegetation, soil disturbance and 
sedimentation (erosion and landslides), dispersal of nonnative plant 
seeds by animals, alteration of soil nitrogen availability, and 
creation of open, disturbed areas conducive to further invasion by 
nonnative pest plant species. All of these impacts also can lead to the 
conversion of a native plant community to one dominated by nonnative 
species (see ``Habitat Destruction and Modification by Nonnative 
Plants,'' below). In addition, because these animals inhabit terrain 
that is often steep and remote, foraging and trampling contributes to 
severe erosion of watersheds and degradation of streams and wetlands 
(Cuddihy and Stone 1990, p. 59; Dunkell et al. 2011, pp. 175-194).
Habitat Destruction and Modification by Nonnative Plants
    Ten of the 11 ecosystems (excluding anchialine pool ecosystem) and 
the species in this rule that are associated with them are currently at 
risk of habitat destruction and modification by nonnative plants. 
Native vegetation on all of the main Hawaiian Islands has undergone 
extreme alteration because of past and present land management 
practices, including ranching, deliberate introduction of nonnative 
plants and animals, and agriculture (Cuddihy and Stone 1990, pp. 27, 
58). The original native flora of Hawaii (present before human arrival) 
consisted of about 1,000 taxa, 89 percent of which are endemic (Wagner 
et al. 1999, pp. 3-6). Over 800 plant taxa have been introduced to the 
Hawaiian Islands. These were brought to Hawaii for food or for cultural 
reasons, to reforest areas destroyed by grazing feral and domestic 
animals, or for horticultural or agricultural purposes; some were 
introduced unintentionally (Scott et al. 1986, pp. 361-363; Cuddihy and 
Stone 1990, p. 73). Individual descriptions of 114 nonnative plant 
species that negatively affect the 49 species are provided in our 
proposed rule (80 FR 58820, September 30, 2015; see pp. 58869-58881). 
Fourteen of these nonnative plants are included in the Hawaii Noxious 
Weed List (Hawaii Department of Agriculture HAR 1981-title 4, subtitle 
6, chapter 68).
    Nonnative plants adversely affect native habitat in Hawaii by (1) 
modifying the availability of light, (2) altering soil-water regimes, 
(3) modifying nutrient cycling, and (4) altering fire regimes of native 
plant communities (i.e., the ``grass/fire cycle'' that converts native-
dominated plant communities to nonnative plant communities; see below) 
(Smith 1985, pp. 180-181; Cuddihy and Stone 1990, p. 74; D'Antonio and 
Vitousek 1992, p. 73; Vitousek et al. 1997, p. 6). The contribution of 
nonnative plants to the extinction of native species in the lowland and 
upland habitats of Hawaii is well-documented (Vitousek et al. 1987 in 
Cuddihy and Stone 1990, p. 74). The most commonly observed effect of 
nonnative plants on native species is displacement through competition. 
Competition occurs for water or nutrients, or it may involve 
allelopathy (chemical inhibition of growth of other plants), shading, 
or precluding sites for seedling establishment (Vitousek et al. 1987 in 
Cuddihy and Stone 1990, p. 74).
    Alteration of fire regimes represents an ecosystem-level change 
caused by the invasion of nonnative plants, primarily grasses 
(D'Antonio and Vitousek 1992, p. 73). Grasses generate standing dead 
material that burns readily, and grass tissues with large surface-to-
volume ratios dry out quickly, contributing to flammability (D'Antonio 
and Vitousek 1992, p. 73). The finest size classes of grass material 
ignite and spread fires under a broader range of conditions than do 
woody fuels or even surface litter (D'Antonio and Vitousek 1992, p. 
73). The grass life form allows rapid recovery following fire because 
there is little above-ground vegetative structure. Grasslands also 
support a microclimate in which surface temperatures are hotter, 
contributing to drier vegetative conditions that favor fire (D'Antonio 
and Vitousek 1992, p. 73). In summary, nonnative plants directly and 
indirectly affect the 39 plants and 9 of the 10 animals in this rule 
(except the anchialine pool shrimp) by destroying and modifying their 
habitat, by removing their native host plants, or by direct 
competition.
Habitat Destruction and Modification by Fire
    Seven of the 11 ecosystems (coastal, lowland dry, lowland mesic, 
montane mesic, montane dry, subalpine, and dry cliff) and the species 
in this rule that are associated with them are at risk of destruction 
and modification by fire. Fire is an increasing, human-exacerbated 
threat to native species and ecosystems in Hawaii. The pre-settlement 
fire regime in Hawaii was characterized by infrequent, low-severity 
events, as few natural ignition sources existed (Cuddihy and Stone 
1990, p. 91; Smith and Tunison 1992, pp. 395-397). It is believed that 
prior to human colonization fuel was sparse in wet plant communities 
and only seasonally flammable in mesic and dry plant communities. The 
only ignition sources were volcanism and lightning (Baker et al. 2009, 
p. 43). Although Vogl (1969, in Cuddihy and Stone 1990, p. 91) proposed 
that naturally occurring fires may have been important in the 
development of some of the original Hawaiian flora, Mueller-Dombois 
(1981, in Cuddihy and Stone 1990, p. 91) asserts that most natural 
vegetation types of Hawaii would not carry fire before the introduction 
of alien grasses. Smith and Tunison (in Cuddihy and Stone 1990, p. 91) 
state that native plant fuels typically have low flammability. Existing 
fuel loads were often discontinuous, and rainfall in many areas on most 
islands was moderate to high. Fires inadvertently or intentionally set 
by the Polynesian settlers probably contributed to the initial decline 
of native vegetation in the drier plains and foothills. These early 
settlers practiced slash-and-burn agriculture that created open lowland 
areas suitable for the opportunistic invasion and colonization of 
nonnative, fire-adapted grasses (Kirch 1982, pp. 5-6, 8; Cuddihy and 
Stone 1990, pp. 30-31). Beginning in the late 18th century, Europeans 
and Americans introduced plants and animals that further degraded 
native Hawaiian ecosystems. Ranching and the creation of pasturelands 
in particular created highly fire-prone areas of nonnative grasses and 
shrubs (D'Antonio and Vitousek 1992, p. 67). Although fires were 
infrequent in mountainous regions, extensive fires have recently 
occurred in lowland dry and lowland mesic areas, leading to grass/fire 
cycles that convert native dry forest and native wet forest to 
nonnative grassland (D'Antonio and Vitousek 1992, p. 77).
    Because of the greater frequency, intensity, and duration of fires 
that have resulted from the human alteration of landscapes and the 
introduction of nonnative plants, especially grasses, fires are now 
more destructive to native Hawaiian ecosystems (Brown and Smith 2000, 
p. 172), and a single grass-fueled

[[Page 67831]]

fire often kills most native trees and shrubs in the area (D'Antonio 
and Vitousek 1992, p. 74). Fire destroys dormant seeds of native 
plants, as well as individual plants and animals themselves, even in 
steep, inaccessible areas or near streams and ponds. Successive fires 
remove habitat for native species by altering microclimate conditions, 
creating conditions more favorable to nonnative plants. Nonnative 
grasses (e.g., Cenchrus setaceus; fountain grass), many of which may be 
fire-adapted, produce a high fuel load that allow fire to burn areas 
that would not otherwise burn easily, regenerate quickly after fire, 
and establish rapidly in burned areas (Fujioka and Fujii 1980 in 
Cuddihy and Stone 1990, p. 93; D'Antonio and Vitousek 1992, pp. 70, 73-
74; Tunison et al. 2002, p. 122). Native woody plants may recover to 
some degree, but fire tips the competitive balance toward nonnative 
species (National Park Service 1989 in Cuddihy and Stone 1990, p. 93). 
During a post-burn survey on Hawaii Island, in an area of native 
Diospyros forest with undergrowth of the nonnative grass Pennisetum 
setaceum [Cenchrus setaceus], Takeuchi (1991, p. 2) noted that ``no 
regeneration of native canopy is occurring within the Puuwaawaa burn 
area.'' Takeuchi also stated that ``burn events served to accelerate a 
decline process already in place, compressing into days a sequence 
which would ordinarily have taken decades'' (Takeuchi 1991, p. 4), and 
concluded that, in addition to increasing the number of fires, the 
nonnative Pennisetum acted to suppress establishment of native plants 
after a fire (Takeuchi 1991, p. 6).
    For many decades, fires have affected rare or endangered species 
and their habitats on Molokai, Lanai, and Maui (Gima 1998, in litt.; 
Hamilton 2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific 
Disaster Center 2011, in litt.). These three islands experienced 
approximately 1,290 brush fires between 1972 and 1999 that burned a 
total of 64,250 ac (26,000 ha) (County of Maui 2009, ch. 3, p. 3; 
Pacific Disaster Center 2011, in litt.). Between 2000 and 2003, the 
annual number of wildfires on these islands jumped from 118 to 271; of 
these, several burned more than 5,000 ac (2,023 ha) each (Pacific 
Disaster Center 2011, in litt.). On Molokai, between 2003 and 2004, 
three wildfires each burned 10,000 ac (4,050 ha) (Pacific Disaster 
Center 2011, in litt.). From August through early September 2009, a 
wildfire burned approximately 8,000 ac (3,237 ha), including 600 ac 
(243 ha) of the remote Makakupaia section of the Molokai Forest 
Reserve, a small portion of The Nature Conservancy's (TNC's) Kamakou 
Preserve, and encroached on Onini Gulch, Kalamaula, and Kawela 
(Hamilton 2009, in litt.). Species at risk because of wildfire on 
Molokai include the plants Joinvillea ascendens ssp. ascendens, 
Nothocestrum latifolium, Portulaca villosa, Ranunculus mauiensis, 
Schiedea pubescens, and Solanum nelsonii, and the yellow-faced bees 
Hylaeus anthracinus, H. facilis, H. hilaris, and H. longiceps.
    Several wildfires have occurred on Lanai in the last decade. In 
2006, a wildfire burned 600 ac (243 ha) between Manele Road and the 
Palawai Basin, about 3 mi (4 km) south of Lanai City (The Maui News 
2006, in litt.). In 2007, a brush fire at Mahana burned about 30 ac (12 
ha), and in 2008, another 1,000 ac (405 ha) were burned by wildfire in 
the Palawai Basin (The Maui News 2007, in litt.; KITV Honolulu 2008, in 
litt.). Species at risk because of wildfire on Lanai include Exocarpos 
menziesii, Nothocestrum latifolium, Portulaca villosa, Schidea 
pubescens; and the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, and H. longiceps.
    On west Maui, wildfires burned more than 8,650 ac (3,501 ha) 
between 2007 and 2010 (Honolulu Advertiser 2010, in litt.; Shimogawa 
2010, in litt.). These fires encroached into the West Maui Forest 
Reserve, on the ridges of Olowalu and Kealaloloa, which is habitat for 
several endangered plants. In 2007, on east Maui, a fire consumed over 
600 ac (240 ha), increasing invasion of the area by nonnative plants 
(Pinus spp.) (Pacific Disaster Center 2007, in litt.; The Maui News 
2011, in litt.). Species at risk because of wildfire on west and east 
Maui include the plants Festuca hawaiiensis, Joinvillea ascendens ssp. 
ascendens, Nothocestrum latifolium, Ochrosia haleakalae, Portulaca 
villosa, Ranunculus mauiensis, Sanicula sandwicensis, Schiedea 
pubescens, Sicyos macrophyllus, and Solanum nelsonii, and the yellow-
faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, 
and H. longiceps.
    Several recent fires on Oahu in the Waianae Mountain range have 
affected rare and endangered species. Between 2004 and 2005, wildfires 
burned more than 360 ac (146 ha) in Honouliuli Preserve, habitat of 
more than 90 rare and endangered plants and animals (TNC 2005). In 
2006, a fire at Kaena Point State Park burned 60 ac (24 ha), and 
encroached on endangered plants in Makua Military Training Area. In 
2007, there was a significant fire at Kaukonahua that crossed 12 
gulches, eventually encompassing 5,655 ac (2,289 ha) that negatively 
affected eight endangered plant species and their habitat (Abutilon 
sandwicense, Bonamia menziesii, Colubrina oppositifolia, Eugenia 
koolauensis, Euphorbia haeleeleana, Hibiscus brackenridgei ssp. 
mokuleianus, Nototrichium humile, and Schiedea hookeri) (U.S. Army 
Garrison 2007b, Appendices pp. 1-5). This fire provided ingress for 
nonnative ungulates (cattle, goats, and pigs) into previously 
undisturbed areas, and opened dense native vegetation to the invasive 
grass Urochloa maxima (Panicum maximum, guinea grass), also a food 
source for cattle and goats. The grass was observed to generate blades 
over 2 ft (0.6 m) in length only 2 weeks following the fire (U.S. Army 
Garrison 2007b, Appendices pp. 1-5). In 2009, two smaller fires burned 
200 ac (81 ha) at Manini Pali (Kaena Point State Park) and almost 4 ac 
(1.5 ha) at Makua Cave. Both of these fires burned into area designated 
as critical habitat, although no individual plants were directly 
affected (U.S. Army Natural Resource Program 2009, Appendix 2, 17 pp.). 
Most recently, in 2014, two fires affected native forest, one in the 
Oahu Forest National Wildlife Refuge (350 ac, 140 ha), on the leeward 
side of the Koolau Mountains (DLNR 2014, in litt.), and one above 
Makakilo, in the Waianae Mountains, just below Honouliuli FR, that 
burned more than 1,000 ac (400 ha) (KHON 2014, in litt.). The Makakilo 
fire took over 2 weeks to contain. Species at risk because of wildfire 
on Oahu include the plants Joinvillea ascendens ssp. ascendens, 
Nothocestrum latifolium, Portulaca villosa, Ranunculus mauiensis, and 
Sicyos lanceoloideus, and the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, H. kuakea, H. longiceps, and H. mana.
    In 2012, on Kauai, a wildfire that was possibly started by an 
unauthorized camping fire burned 40 ac (16 ha) in the Na Pali-Kona 
Forest Reserve on Milolii Ridge, forcing closure of a hiking trail. 
Fortunately, several endangered and threatened plants in the adjacent 
Kula NAR were not impacted (KITV 2012, in litt.). The same year, 
another wildfire burned over 650 ac (260 ha) on Hikimoe Ridge, and 
threatened the Puu Ka Pele section of Waimea Canyon State Park (Hawaii 
News Now 2012, in litt.; Star Advertiser 2012, in litt.). Species at 
risk of because wildfire on Kauai include the plants Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
Ranunculus mauiensis, Santalum involutum, and Sicyos lanceoloideus.

[[Page 67832]]

    In the driest areas on the island of Hawaii, wildfires are 
exacerbated by the uncontrolled growth of nonnative grasses such as 
Cenchrus setaceus (Fire Science Brief 2009, in litt.). Since its 
introduction to the island in 1917, this grass now covers more than 200 
square mi (500 square km) of the leeward areas of the island (Joint 
Fire Science Brief (JFSB) 2009, in litt.). In the past 50 years, three 
wildfires on the leeward side encompassed a total of 30,000 ac (12,140 
ha) (JFSB 2009, in litt.). These wildfires traveled great distances at 
rates of 4 to 8 miles per hour (mph) (7 to 12 kilometers per hour 
(kph)), burning 2.5 ac (1 ha) to 6 ac (2.5 ha) per minute (the 
equivalent of 6 to 8 football fields per minute) (Burn Institute 2009, 
p. 4). Between 2002 and 2003, three successive lava-ignited wildfires 
in the east rift zone of Hawaii Volcanoes National Park affected native 
forests in lowland dry, lowland mesic, and lowland wet ecosystems (JFSB 
2009, p. 3), cumulatively burning an estimated 11,225 ac (4,543 ha) 
(Wildfire News, June 9, 2003; JFSP 2009, p. 3). These fires destroyed 
over 95 percent of the canopy cover and encroached upon forest areas 
that were previously thought to have low susceptibility to wildfires. 
After the fires, nonnative ferns were observed in higher elevation 
rainforest where they had not previously been seen, and were believed 
to inhibit the recovery of the native Metrosideros polymorpha (ohia) 
trees (JFSP 2003, pp. 1-2). Nonnative grasses invaded the burn area, 
increasing the risk of fire encroaching into the surrounding native 
forest (Ainsworth 2011, in litt.). Extreme drought conditions also 
contributed to the number and intensity of wildfires on Hawaii Island 
(Armstrong and Media 2010, in litt.; Loh 2010, in litt.). This 
``extreme'' drought classification for Hawaii was recently lifted to 
``moderate''; however, drier than average conditions persist, and 
another extreme drought event may occur (NOAA 2015, in litt.). In 
addition, El Ni[ntilde]o conditions in the Pacific (see ``Climate 
Change'' under Factor E, below), a half-century of decline in annual 
rainfall, and intermittent dry spells have contributed to the 
conditions favoring wildfires in all the main Hawaiian Islands (Marcus 
2010, in litt.). Species at risk because of wildfire on Hawaii Island 
include the plants Exocarpos menziesii, Festuca hawaiiensis, Joinvillea 
ascendens ssp. ascendens, Ochrosia haleakalae, Portulaca villosa, 
Ranunculus mauiensis, Sanicula sandwicensis, Sicyos macrophyllus, and 
Solanum nelsonii, and the yellow-faced bee Hylaeus anthracinus.
    In summary, fire is a threat to 14 plant species and their habitat 
(Exocarpos menziesii, Festuca hawaiiensis, Joinvillea ascendens ssp. 
ascendens, Labordia lorenciana, Nothocestrum latifolium, Ochrosia 
haleakalae, Portulaca villosa, Ranunculus mauiensis, Sanicula 
sandwicensis, Santalum involutum, Schiedea pubescens, Sicyos 
lanceoloideus, S. macrophyllus, and Solanum nelsonii), and all seven 
yellow-faced bees because these species and their habitat are located 
in or near areas that were burned previously, or in areas considered at 
risk because of fire due to the cumulative and compounding effects of 
drought and the presence of highly flammable nonnative grasses.
Habitat Destruction and Modification by Hurricanes
    Ten of the 11 ecosystems (all except the anchialine pool ecosystem) 
where these species occur are at risk of habitat destruction and 
modification by hurricanes. Hurricanes exacerbate the impacts of other 
threats such as habitat destruction and modification by ungulates and 
competition with nonnative plants. By destroying native vegetation, 
hurricanes open the forest canopy, modify the availability of light, 
and create disturbed areas conducive to invasion by nonnative pest 
species (see ``Habitat Destruction and Modification by Nonnative 
Plants'', above) (Asner and Goldstein 1997, p. 148; Harrington et al. 
1997, pp. 539-540). In addition, hurricanes adversely affect native 
Hawaiian stream habitat by defoliating and toppling vegetation, thus 
loosening the surrounding soil and increasing erosion. Along with 
catastrophic flooding, this soil and vegetative debris can be washed 
into streambeds (by hurricane-induced rain or subsequent rain storms), 
resulting in the scouring of stream bottoms and channels (Polhemus 
1993a, 88 pp.). Natural disasters such as hurricanes can be 
particularly devastating to Hawaiian plant and animal species that 
persist in low numbers and in restricted ranges (Mitchell et al. 2005, 
p. 4-3).
    Hurricanes affecting Hawaii were only rarely reported from ships in 
the area from the 1800s until 1949. Between 1950 and 1997, 22 
hurricanes passed near or over the Hawaiian Islands, 5 of which caused 
serious damage (Businger 1998, pp. 1-2). In November 1982, Hurricane 
Iwa struck the Hawaiian Islands with wind gusts exceeding 100 miles per 
hour (mph) (160 kilometers per hour (kmh)), causing extensive damage, 
especially on the islands of Kauai, Niihau, and Oahu (Businger 1998, 
pp. 2, 6). Many forest trees were destroyed (Perlman 1992, pp. 1-9), 
which opened the canopy and facilitated the invasion of native forest 
by nonnative plants (Kitayama and Mueller-Dombois 1995, p. 671). 
Hurricanes therefore exacerbate the threats posed by nonnative plants, 
as described in ``Habitat Destruction and Modification by Nonnative 
Plants,'' above. In September 1992, Hurricane Iniki, a category 4 
hurricane with maximum sustained winds of 130 mph (209 kmh, 113 knots), 
passed directly over the island of Kauai and close to the island of 
Oahu, causing significant damage to Kauai and along Oahu's southwestern 
coast (Blake et al. 2007, pp. 20, 24). Biologists documented damage to 
the habitat of six endangered plant species on Kauai, and one plant on 
Oahu. Polhemus (1993a, pp. 86-87) documented the extirpation of the 
scarlet Kauai damselfly (Megalagrion vagabundum) (a species related to 
M. xanthomelas), from the entire Hanakapiai Stream system on the island 
of Kauai as a result of the impacts of Hurricane Iniki. Damage by 
future hurricanes will further alter the remaining native-plant 
dominated habitat for rare plants and animals in native ecosystems of 
Kauai, Oahu, and other Hawaiian Islands (Bellingham et al. 2005, p. 
681) (see ``Climate Change'' under Factor E. Other Natural or Manmade 
Factors Affecting Their Continued Existence, below).
    In summary, hurricanes exacerbate other habitat threats, such as 
competition with nonnative plants, as well as result in direct habitat 
destruction. This is a particular problem for the plant Pritchardia 
bakeri, the band-rumped storm-petrel, the orangeblack Hawaiian 
damselfly, and all seven yellow-faced bees.
Habitat Modification and Destruction Due to Landslides, Rockfalls, 
Treefall, Flooding, Erosion, Drought, and Tsunamis
    Habitat destruction and modification by landslides, rockfalls, 
treefall, flooding, erosion, and drought (singly or in combination) is 
a threat to all 11 ecosystems in which these species occur. Landslides, 
rockfalls, treefall, flooding, and erosion change native plant and 
animal communities by destabilizing substrates, damaging or destroying 
individual plants, and altering hydrological patterns. In the open sea 
near Hawaii, rainfall averages 25 to 30 inches (in) (630 to 760 
millimeters (mm)) per year, yet the islands may receive up to 15 times 
this amount in some places, caused by

[[Page 67833]]

orographic features (topography) (Wagner et al. 1999, adapted from 
Price (1983) and Carlquist (1980), pp. 38-39). During storms, rain may 
fall at rates of 3 in (76 mm) per hour or more, and sometimes may reach 
nearly 40 in (1,000 mm) in 24 hours, resulting in destructive flash-
flooding in streams and narrow gulches (Wagner et al. 1999, adapted 
from Price (1983) and Carlquist (1980), pp. 38-39). Due to the steep 
topography in many mountainous areas on the Hawaiian Islands, 
disturbance caused by introduced ungulates exacerbates erosion and 
increases the potential for landslides, rockfalls, or flooding, which 
in turn damages or destroys native plants and disturbs habitat of the 
band-rumped storm-petrel (see Table 2). These events could eliminate 
one or more isolated occurrences of species that persist in low numbers 
and a limited geographic range, resulting in reduced redundancy and 
resilience of the species.
    Landslides, rockfalls, treefall, flooding, and erosion are threats 
to 20 plant species (Cyanea kauaulaensis, Cyclosorus boydiae, Deparia 
kaalaana, Dryopteris glabra var. pusilla, Gardenia remyi, Joinvillea 
ascendens ssp. ascendens, Kadua fluviatilis, K. haupuensis, Labordia 
lorenciana, Lepidium orbiculare, Phyllostegia brevidens, P. helleri, P. 
stachyoides, Portulaca villosa, Pseudognaphalium sandwicensium var. 
molokaiense, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, and Solanum nelsonii) and to the 
band-rumped storm-petrel and the orangeblack Hawaiian damselfly. 
Landslides, rockfalls, and erosion can directly affect nests and 
nesting habitat of the band-rumped storm-petrel. Destabilization of 
cliff habitat leads to additional landslides and alteration of 
hydrological patterns, affecting the availability of soil moisture. 
Landslides also destroy and modify riparian and stream habitat by 
direct physical damage, and create disturbed areas leading to invasion 
by nonnative plants, as well as damaging or destroying plants directly. 
Kadua haupuensis, Labordia lorenciana, Lepidium orbiculare, 
Phyllostegia brevidens, and P. helleri are known only from a few 
individuals in single occurrences on cliffs or steep-walled stream 
valleys, and one landslide could extirpate a species by direct 
destruction. Monitoring data presented by the Plant Extinction 
Prevention Program (PEPP) and botanical surveys suggest that flooding 
is a likely threat to eight plant species, Cyanea kauaulaensis, 
Cyclosorus boydiae, Deparia kaalaana, Labordia lorenciana, Phyllostegia 
stachyoides, Sanicula sandwicensis, Schiedea pubescens, and Solanum 
nelsonii, as some individuals occur on stream banks (Wood et al. 2007, 
p. 198; PEPP 2011, pp. 162-164; Oppenheimer and Lorence 2012, pp. 20-
21; PEPP 2013, p. 54; PEPP 2014, pp. 95, 142). The naiad life stage of 
the orangeblack Hawaiian damselfly would be destroyed by flooding if an 
individual is carried out of suitable habitat or into areas occupied by 
nonnative fish.
    Drought is reported to be a threat to 10 plants (Cyclosorus 
boydiae, Deparia kaalaana, Huperzia stemmermanniae, Phyllostegia 
stachyoides, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, Sicyos lanceoloideus, and Solanum 
nelsonii), the orangeblack Hawaiian damselfly (directly or by 
desiccation of streams and ponds), and all seven yellow-faced bees 
(Magnacca 2007, pp. 181, 183; Polhemus 2008, p. 26; Chu et al. 2010, 
pp. 4887, 4891, 4898; PEPP 2011, pp. 162-164; Fortini et al. 2013, p. 
2; PEPP 2013, p. 177; PEPP 2014, pp. 140-142, 154-156, 162, 166-167). 
Between 1860 and 2002, there were 49 periods of drought on Oahu, 30 
periods of drought on Molokai, Lanai, and Maui, and at least 18 serious 
or severe drought events on Hawaii Island (Giambelluca et al. 1991, pp. 
3-4; Hawaii Commission on Water Resource Management (CWRM) 2009, in 
litt.; Hawaii Civil Defense 2011, pp. 14-1-14-12). The most severe 
drought events over the past 15 years were associated with the El 
Ni[ntilde]o phenomenon (Hawaii Civil Defense 2011, p. 14-3). In 1998, 
the city of Hilo had the lowest January total rainfall (0.014 in) ever 
observed for any month since records have been kept, with average 
rainfall being almost 10 in for January (Hawaii Civil Defense 2011, p. 
14-3). Currently, the State remains under abnormally dry to moderate 
drought conditions, with the onset of another El Ni[ntilde]o event 
(U.S. Drought Monitor 2015, in litt., National Weather Service 2015, in 
litt.). Drought events dry up streams, irrigation ditches, and 
reservoirs, and deplete groundwater supplies (Hawaii CWRM 2009, in 
litt.). Recent episodes of drought have driven axis deer farther into 
forested areas in search of food, increasing their negative impacts on 
native vegetation from herbivory, bark stripping, and trampling (see 
Factor C. Disease or Predation, below) (Waring 1996, in litt; 
Nishibayashi 2001, in litt.). Drought events could eliminate one or 
more isolated populations of a species that currently persists in low 
numbers and a limited geographic range, resulting in reduced redundancy 
and resilience of the species or extinction.
    Tsunamis destroy and modify habitat for species in Northwestern 
Hawaiian Islands and in low-lying coastal areas of the main Hawaiian 
Islands. Tsunamis in Hawaii are caused by earthquakes, submarine 
landslides, and volcanic eruptions that may occur within the 
archipelago or in distant parts of the Pacific. These events disturb 
the ocean's surface, and gravity combined with the water's motion 
produces a series of long-period waves that travel quickly and can 
reach heights of 32 ft (10 m) or more when reaching land. Major 
tsunamis occur worldwide about once every 10 years, on average, and 
almost 60 percent of those occur in the Pacific Ocean (Pacific Tsunami 
Warning Center, http://ptwc.weather.gov/ptwc/faq.php#8, accessed June 
2016). In 2011, a tsunami caused by an earthquake in Japan reached 
Hawaii and the Northwestern Hawaiian Islands. This tsunami swept over 
Midway Atoll's Eastern Island and Kure Atoll's Green Island, where it 
inundated plants, spread plastic debris, killed thousands of seabirds, 
and destroyed seabird nesting areas as it traveled about 500 ft (150 m) 
inland (DOFAW 2011, in litt.; Starr 2011, in litt.; USFWS 2011, in 
litt.). This threat could occur at any time and negatively affect 
occurrences and habitat of the plant Solanum nelsonii and the yellow-
faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, 
and H. longiceps.
Habitat Destruction and Modification by Water Extraction
    Freshwater habitats on all the main Hawaiian Islands have been 
severely altered and degraded because of past and present land and 
water management practices, including agriculture, urban development, 
and development of ground water, perched aquifer, and surface water 
resources (Harris et al. 1993, p. 11; Meier et al. 1993, p. 181). 
Extensive modification of lentic (standing water) habitat in the 
Hawaiian Islands began about 1100 A.D. with a rapid increase in the 
human population (Harris et al. 1993, p. 9; Kirch 1982, pp. 5-6). 
Hawaiians cultivated Colocasia esculenta (kalo, taro) by creating 
shallow, walled ponds, or loi, in marshes and riparian areas (Meier et 
al. 1993, p. 181; Handy and Handy 1972, p. 58). By 1778, virtually all 
valley bottoms with permanent stream flow and most basin marshes were 
converted to taro cultivation (Handy and Handy 1972, pp. 396, 411). 
Hawaiians also modified wetlands by constructing fishponds, many of 
which were primarily fresh water, fed by streams or springs (Meier

[[Page 67834]]

et al. 1993, p. 181). Despite this habitat modification by early 
Hawaiians, many areas of extensive marshland remained intact and were 
used by the native damselflies. Over time, however, many of the 
wetlands formerly used for taro were drained and filled for dry-land 
agriculture or development (Stone 1989, p. 129; Meier et al. 1993, pp. 
181-182). In addition, marshes are slowly filled and converted to 
meadow habitat due to increased sedimentation resulting from increased 
storm water runoff from upslope development and blockage of downslope 
drainage (Wilson Okamoto and Associates, Inc. 1993, p. 3-5). Presently 
the most significant threat to the remaining natural ponds and marshes 
in Hawaii, habitat for the orangeblack Hawaiian damselfly, is the 
nonnative grass species Urochloa mutica. This sprawling, perennial 
grass was first observed on Oahu in 1924, and now occurs on all the 
main islands (O'Connor 1999, p. 1504). This species forms dense, 
monotypic stands that can completely eliminate any open water by 
layering of its trailing stems (Smith 1985, p. 186).
    Similar to the loss of wetlands in Hawaii, the loss of streams has 
been significant and began with the early Hawaiians who modified stream 
systems by diverting water to irrigate taro. However, these Hawaiian-
made diversions were closely regulated and were not permitted to take 
more than half the stream flow, and were typically used to flood taro 
loi only periodically (Handy and Handy 1972, pp. 58-59). The advent of 
sugarcane plantations in 1835 led to more extensive stream diversions. 
These systems were typically designed to tap water at upper elevation 
sources (above 980 ft (300 m)) by means of concrete weirs. All or most 
of the stream flow was diverted into fields or reservoirs (Takasaki et 
al. 1969, p. 65; Harris et al. 1993, p. 10). By the 1930s, major water 
diversions had been developed on all the main islands, and currently 
one-third of Hawaii's perennial streams are diverted (Harris et al. 
1993, p. 10). In addition to diverting water for agriculture and 
domestic water supply, streams have been diverted for use in producing 
hydroelectric power (Hawaii Stream Assessment 1990, p. 96). Surface 
flow has also been diverted into channels, and the perched aquifers 
which fed the streams have been tapped by means of tunnels (Stearns and 
Vaksvik 1935, pp. 365, 378-434; Stearns 1985, p. 291, 301-303). Many of 
these aquifers are the sources of springs, which contribute flow to 
streams. The draining of these aquifers causes springs to become dry 
(Stearns and Vaksvik 1935, pp. 380, 388; USGS 2000, in litt.). Most 
remaining streams that are not already diverted have been, and continue 
to be, seriously degraded by the activities of feral ungulates and by 
nonnative plants. Channelization has not been restricted to lower 
reaches, and it results in the loss of riparian vegetation, increasing 
flow velocity, illumination, and water temperature (Parrish et al. 
1984, pp. 83-84). These conditions make the channels unsuitable as 
habitat for the orangeblack Hawaiian damselfly.
    Water extraction (e.g., withdrawal of subsurface fresh water for 
development and human use) from underground fresh water sources 
increases salinity levels of anchialine pools and negatively affect the 
anchialine pool shrimp, Procaris hawaiana, which relies on the delicate 
balance of mixohaline (brackish water) habitats (Conry 2012, in litt.; 
National Park Service 2016, in litt.). Water extraction also negatively 
affects the plant Cyclosorus boydiae and the orangeblack Hawaiian 
damselfly by degrading or destroying habitat for these species (Harris 
et al. 1993, pp. 9-13; Medeiros et al. 1993, p. 88; Meier et al. 1993, 
pp. 181-183; Palmer 2003, p. 88).
Habitat Destruction and Modification by Climate Change
    Climate change affects the habitat of the 49 species. Discussion of 
climate change impacts is included in our complete discussion of 
climate change under Factor E. Other Natural or Manmade Factors 
Affecting Their Continued Existence, below.

Summary of Factor A

    Destruction and modification of the habitat of each of the 49 
species addressed in this rule is occurring throughout the entire range 
of each of the species. These impacts include the effects of 
agriculture and urban development, introduced ungulates, nonnative 
plants, fire, hurricanes, landslides, rockfalls, treefall, flooding, 
erosion, drought, tsunamis, and water extraction.
    Habitat destruction and modification by agriculture and urban 
development is an ongoing and serious threat to the plant Cyclosorus 
boydiae, the orangeblack Hawaiian damselfly, the anchialine pool shrimp 
Procaris hawaiana, and the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, and H. longiceps. Conversion of 
wetland and other aquatic habitat (i.e., water extraction) for 
agriculture and urban development is ongoing, is expected to continue 
into the future, and affects the orangeblack Hawaiian damselfly by 
removing habitat required for hunting and breeding. Water extraction 
affects the orangeblack Hawaiian damselfly because it (1) Reduces the 
amount and distribution of stream habitat; (2) reduces stream flow and 
habitat; and (3) leads to an increase in water temperature, which 
causes physiological stress to the damselfly naiads. Water extraction 
affects the delicate balance of the anchialine pool ecosystem, 
including salinity and biota, negatively affecting the anchialine pool 
shrimp, Procaris hawaiana. Loss of stream-course habitat affects 
Cyclosorus boydiae because this is the only habitat where this riparian 
species occurs.
    The threat of habitat destruction and modification by ungulates is 
ongoing as ungulates currently occur in all ecosystems on which these 
species depend except the anchialine pool system. Introduced ungulates 
pose a threat to 37 of the 39 plants (except for Cyanea kauaulaensis 
and Hypolepis hawaiiensis var. mauiensis), and 9 of the 10 animal 
species (all except for the anchialine pool shrimp) in this rule that 
occur in these 10 ecosystems because ungulates: (1) Directly affect the 
species by trampling and grazing (see Factor C discussion, below); (2) 
increase soil disturbance and erosion; (3) create open, disturbed areas 
conducive to nonnative plant invasion by dispersing fruits and seeds, 
which results in conversion of a native-dominated plant community to a 
nonnative-dominated plant community; and (4) increase marsh and stream 
disturbance and sedimentation, which negatively affects these aquatic 
habitats.
    Habitat destruction and modification by nonnative plants is a 
serious and ongoing current threat to all 39 plant species because 
nonnative plants: (1) Adversely affect microhabitat by modifying the 
availability of light; (2) alter soil-water regimes; (3) modify 
nutrient cycling processes; (4) alter fire ecology, leading to 
incursions of fire-tolerant nonnative plant species into native 
habitat; (5) outcompete, and possibly directly inhibit (through 
allelopathy) the growth of native plant species; and (6) alter habitat 
and substrate such that erosion leading to rockfalls and landslides may 
increase. Each of these processes can convert native-dominated plant 
communities to nonnative plant communities (Cuddihy and Stone 1990, p. 
74; Vitousek 1992, pp. 33-35).
    The threat of habitat destruction and modification by fire to 14 
plant species (Exocarpos menziesii, Festuca hawaiiensis, Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
Ochrosia haleakalae, Portulaca villosa, Ranunculus mauiensis, Sanicula

[[Page 67835]]

sandwicensis, Santalum involutum, Schiedea pubescens, Sicyos 
lanceoloideus, S. macrophyllus, and Solanum nelsonii) and all seven 
yellow-faced bee species is serious and ongoing because fires occur 
frequently and damage and destroy native vegetation, including dormant 
seeds, seedlings, and juvenile and adult plants, including host plants 
for the bees. Many nonnative, invasive plants, particularly fire-
tolerant grasses, create more destructive fires, invade burned areas, 
and can out-compete native plants and inhibit their regeneration 
(D'Antonio and Vitousek 1992, pp. 70, 73-74; Tunison et al. 2002, p. 
122). Successive fires that burn farther and farther into native 
habitat destroy the ecosystem and its components upon which these 
species depend.
    Habitat destruction and modification by natural disasters such as 
hurricanes represent a serious threat to the plant Pritchardia bakeri, 
the band-rumped storm-petrel, the orangeblack Hawaiian damselfly, and 
all seven yellow-faced bee species. Hurricanes open the forest canopy, 
modifying available light and creating disturbed areas that are 
conducive to invasion by nonnative plants (Asner and Goldstein 1997, p. 
148; Harrington et al. 1997, pp. 346-347). The discussion under 
``Habitat Destruction and Modification by Nonnative Plants'' provides 
additional information related to canopy gaps, light availability, and 
the establishment of nonnative plant species. In addition, hurricanes 
cause mortality of birds, including adults and chicks drowned when nest 
sites are flooded (Schreiber 2002, p. 186; Hass et al. 2012, pp. 252-
253). Hurricanes also destroy nesting habitat, a particular problem for 
species like storm-petrels that return to the same nest site each year 
(Schreiber 2002, p. 186). These hurricane impacts are likely for the 
band-rumped storm-petrel. Finally, hurricanes can alter and directly 
damage streams and wetlands used by the orangeblack Hawaiian damselfly 
(Polhemus 1993a, pp. 86-87). The impacts from hurricanes can be 
particularly devastating to these species because they persist in low 
numbers in restricted ranges and are therefore less resilient to such 
disturbances. A single destructive hurricane holds the potential of 
driving to extinction species that persist as one or several small, 
isolated populations.
    Landslides, rockfalls, treefalls, flooding, and erosion (singly or 
combined) are a threat to 20 plant species (Cyanea kauaulaensis, 
Cyclosorus boydiae, Deparia kaalaana, Dryopteris glabra var. pusilla, 
Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua fluviatilis, 
K. haupuensis, Labordia lorenciana, Lepidium orbiculare, Phyllostegia 
brevidens, P. helleri, P. stachyoides, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, Ranunculus hawaiensis, 
R. mauiensis, Sanicula sandwicensis, Schiedea pubescens, and Solanum 
nelsonii), the band-rumped storm-petrel, and the orangeblack Hawaiian 
damselfly by destabilizing substrates, damaging and killing 
individuals, altering hydrological patterns, and destroying or 
modifying habitat--all resulting in changes to native plant and animal 
communities. Drought is a threat to 10 plant species (Cyclosorus 
boydiae, Deparia kaalaana, Huperzia stemmermanniae, Phyllostegia 
stachyoides, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, Sicyos lanceoloideus, and Solanum 
nelsonii), the orangeblack Hawaiian damselfly (directly or by 
desiccation of streams and ponds), and all seven yellow-faced bee 
species (and the host plants upon which all seven yellow-faced bees 
depend).
    Habitat destruction and modification by over-washing of low-lying 
areas by tsunamis is a threat to coastal species, including Solanum 
nelsonii, Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, 
and H. longiceps.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Plants
    We are not aware of any threats to the 39 plant species that would 
be attributed to overutilization for commercial, recreational, 
scientific, or educational purposes.
Animals
Anchialine Pool Shrimp
    Illegal collection is a threat to the anchialine pool shrimp 
Procaris hawaiana because of inadequate monitoring and enforcement at 
the pools where this species occurs. All terrestrial and aquatic 
invertebrates (including anchialine pool shrimp) are protected under 
(1) the State of Hawaii Revised Statutes (1993) chapter 195D-4-f 
license; and (2) DLNR chapter 124: Indigenous Wildlife, Endangered and 
Threatened Wildlife, and Introduced Wild Birds. Collection of plants 
and animals is prohibited in the State Natural Area Reserves (NARs) 
Ahihi-Kinau (Maui) and Manuka (Hawaii Island), but enforcement of 
prohibitions is insufficient to prevent illegal collecting at these 
remote sites. Collection is not prohibited in State Parks or City and 
County property where some anchialine pools occur, and is not expressly 
prohibited at Lua O Palahemo (Hawaii Island), and thus no regulatory 
protection of these shrimp exists at the remaining five anchialine 
pools outside of Manuka NAR that are known to contain P. hawaiana. A 
Native Invertebrate Research and Collecting permit issued by DLNR's 
Division of Forestry and Wildlife is required to collect anchialine 
pool shrimp for research or commercial purposes, and the commercial 
market is supported by legal, permitted collection. We expect that 
permit holders, whether they are collecting for scientific or 
commercial purposes, adhere to the conditions of their permit and do 
not pose a threat to P. hawaiana. However, we consider illegal 
collection of this anchialine pool shrimp, P. hawaiana, to be an 
ongoing threat because, despite the prohibition on collecting within 
the NARs and the permitting process for collection elsewhere, 
collection can occur at any time owing to insufficient patrolling or 
other monitoring or enforcement at the pools where P. hawaiana occurs.

Factor C. Disease or Predation

Disease
    We are not aware of any current threats to the 49 species that 
would be attributable to disease. Disease may be a potential threat to 
the yellow-faced bee Hylaeus anthracinus, as pathogens carried by 
nonnative bees, wasps, and ants could be transmitted through shared 
food sources (Graham 2015, in litt.); however, we have no evidence of 
this type of disease transmission at this time.
Predation
    Hawaii's plants and animals evolved in nearly complete isolation 
from continental influence. Successful, natural colonization of these 
remote volcanic islands is infrequent, and many organisms never 
succeeded in establishing populations. As an example, Hawaii lacks 
native ants and conifers, has very few families of birds, and has only 
had two native species of land mammal, both insectivorous bats (Loope 
1998, p. 748; Ziegler 2002, pp. 244-245). In the absence of grazing or 
browsing mammals, plants that became established did not need 
mechanical or chemical defenses against mammalian herbivory such as 
thorns, prickles, and toxins. Because the evolutionary pressure to 
either produce or maintain such defenses was lacking, Hawaiian plants 
either lost or never developed these adaptations (Carlquist 1980, p. 
173). Likewise, native Hawaiian birds

[[Page 67836]]

and insects experienced no evolutionary pressure to develop defense 
mechanisms against mammalian or invertebrate predators that were not 
historically present on the islands. The native flora and fauna are 
thus particularly vulnerable to the impacts of introduced nonnative 
species, as discussed below.
Introduced Ungulates
    In addition to the habitat impacts discussed above (see ``Habitat 
Destruction and Modification by Introduced Ungulates'' under Factor A. 
The Present or Threatened Destruction, Modification, or Curtailment of 
Their Habitat or Range), grazing and browsing (predation) by introduced 
ungulates are a threat to the following 27 plant species in this 
proposal (see Table 2, above): Asplenium diellaciniatum (black-tailed 
deer); Calamagrostis expansa (pigs), Cyclosorus boydiae (pigs), Deparia 
kaalaana (pigs), Exocarpos menziesii (goats, mouflon, sheep), Festuca 
hawaiiensis (goats, sheep), Gardenia remyi (pigs, goats, axis deer), 
Huperzia stemmermanniae (goats, axis deer, cattle), Joinvillea 
ascendens ssp. ascendens (pigs, goats, axis deer, black-tailed deer), 
Kadua fluviatilis (pigs, goats), Labordia lorenciana (goats, black-
tailed deer), Microlepia strigosa var. mauiensis (pigs), Myrsine 
fosbergii (pigs, goats), Nothocestrum latifolium (pigs, goats, axis 
deer, black-tailed deer, mouflon, cattle), Ochrosia haleakalae (goats, 
cattle), Phyllostegia brevidens (pigs), P. stachyoides (pigs, goats), 
Portulaca villosa (goats, axis deer, mouflon), Pseudognaphalium 
sandwicensium var. molokaiense (axis deer), Ranunculus hawaiensis 
(pigs, mouflon, cattle), R. mauiensis (pigs, goats, axis deer, black-
tailed deer, cattle), Sanicula sandwicensis (goats), Santalum involutum 
(goats), Schiedea pubescens (axis deer, cattle), Sicyos lanceoloideus 
(goats, black-tailed deer), S. macrophyllus (mouflon, cattle), and 
Solanum nelsonii (axis deer, cattle).
Feral Pigs
    We have direct evidence of ungulate damage to some of the 39 plant 
species, but for many, due to their remote locations or lack of study, 
ungulate damage is presumed based on the known presence of these 
introduced ungulates in the areas where these species occur and the 
results of studies involving similar species or ecosystems conducted in 
Hawaii and elsewhere (Diong 1982, p. 160; Mueller-Dombois and Spatz, 
1975, pp. 1-29; Hess 2008, 4 pp.; Weller et al. 2011, p. 8). For 
example, in a study conducted by Diong (1982, p. 160) on Maui, feral 
pigs were observed browsing on young shoots, leaves, and fronds of a 
wide variety of plants, of which over 75 percent were endemic species. 
A stomach-content analysis in this study showed that most of the pigs' 
food source consisted of the endemic Cibotium (hapuu, tree fern). Pigs 
were observed to fell native plants and remove the bark from standing 
plants of species in the genera Cibotium, Clermontia, Coprosma, 
Hedyotis [Kadua], Psychotria, and Scaevola, resulting in larger trees 
and shrubs dying after a few months of repeated feeding (Diong 1982, p. 
144). Beach (1997, pp. 3-4) found that feral pigs in Texas spread 
disease and parasites, and their rooting and wallowing behavior led to 
spoilage of watering holes and loss of soil through leaching and 
erosion. Rooting activity by pigs also decreased the survivability of 
some plant species through disruption at root level of mature plants 
and seedlings (Beach 1997, pp. 3-4; Anderson et al. 2007, in litt.). In 
Hawaii, pigs dig up forest ground cover consisting of delicate and rare 
species of orchids, ferns, mints, lobeliads, and other taxa, including 
their roots, tubers, and rhizomes (Stone and Anderson 1988, p. 137). 
The following plants are particularly at risk of herbivory by feral 
pigs: Calamagrostis expansa on Maui and Hawaii Island (HBMP 2010); 
Cyclosorus boydiae on Oahu (HBMP 2010); Deparia kaalaana on Maui (HBMP 
2010); Gardenia remyi on Hawaii Island (PEPP 2011, pp. 113-114; PEPP 
2012, p. 102), west Maui (HBMP 2010), Molokai (HBMP 2010) and Kauai 
(HBMP 2010); Joinvillea ascendens ssp. ascendens on Hawaii Island (PEPP 
2011, pp. 120-121; PEPP 2012, p. 113; HBMP 2010), Kauai (PEPP 2014, p. 
109; HBMP 2010), Maui (HBMP 2010), Molokai (HBMP 2010), and Oahu (HBMP 
2010); Kadua fluviatilis on Kauai (HBMP 2010) and Oahu (HBMP 2010); 
Microlepia strigosa var. mauiensis on Maui (Bily 2009, in litt.; 
Oppenheimer 2007, in litt.); Myrsine fosbergii on Kauai (HBMP 2010); 
Nothocestrum latifolium on Maui (PEPP 2011, p. 140; HBMP 2010) and 
Molokai (HBMP 2010); Phyllostegia brevidens on Maui and Hawaii Island 
(PEPP 2014, p. 36); P. stachyoides on Molokai (PEPP 2014, pp. 140-141); 
Ranunculus hawaiensis on Hawaii Island (HBMP 2010); and R. mauiensis on 
Kauai (PEPP 2011, p. 161; PEPP 2013, p. 177; PEPP 2014, p. 156; HBMP 
2010), Maui (PEPP 2011, p. 144; PEPP 2013, pp. 177-178; PEPP 2014, p. 
155; HBMP 2010), and Molokai (HBMP 2010). Feral pigs occur in 10 of the 
11 ecosystems (all except anchialine pool) discussed here; the results 
of the studies described above suggest that foraging by pigs can 
directly damage and destroy these plants through herbivory. Feral pigs 
may also consume native host plants of the yellow-faced bees Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, and H. mana.
Feral Goats
    Feral goats are able to forage in extremely rugged terrain and are 
instrumental in the decline of native vegetation in many areas of the 
Hawaiian Islands (Cuddihy and Stone 1990, p. 64; Clarke and Cuddihy 
1980, p. C-20; van Riper and van Riper 1982, pp. 34-35; Tomich 1986, 
pp. 153-156). Feral goats consume a variety of plants for food and have 
been observed to browse on (but are not limited to) native plant 
species in the following genera: Argyroxiphium, Canavalia, Chamaesyce, 
Erythrina, Plantago, Schiedea, and Stenogyne (Cuddihy and Stone 1990, 
p. 64; Warren 2004, p. 462; Wood 2007, pers. comm.). A study conducted 
on the island of Hawaii demonstrated that native Acacia koa seedlings 
are unable to survive due to browsing and grazing by goats (Spatz and 
Mueller-Dombois 1973, p. 874). If goats remained in the area in high 
numbers, mature trees eventually died and with them the root systems 
that supported suckers and vegetative reproduction. When feral goats 
were excluded by fences for 3 years, there was a positive height-growth 
response of A. koa suckers (Spatz and Mueller-Dombois 1973, p. 873). 
Another study at Puuwaawaa on Hawaii Island demonstrated that prior to 
management actions in 1985, regeneration of endemic shrubs and trees in 
a goat-grazed area was almost totally lacking, contributing to the 
invasion of forest understory by exotic grasses and weeds. After the 
removal of goats, A. koa and native Metrosideros seedlings were 
observed germinating by the thousands (HDLNR 2002, p. 52). Based on 
these studies, and other comparisons of fenced and unfenced areas, it 
is clear that goats devastate native Hawaiian ecosystems (Loope et al. 
1988, p. 277). Because feral goats occur in 10 of the 11 ecosystems 
(all except anchialine pool) discussed in this proposal, the results of 
the studies described above indicate that goats likely also alter these 
ecosystems and directly damage or destroy native plants. Browsing or 
grazing by feral goats poses a particular threat to the following plant 
species: Exocarpos menziesii on Hawaii Island (NTBG Herbarium Database 
2014, in litt.), Festuca hawaiiensis on Hawaii Island (Wood 2001b, in 
litt.), Gardenia remyi

[[Page 67837]]

on Kauai (PEPP 2011, p. 114; PEPP 2013, p. 107; Kishida 2011, in 
litt.), Huperzia stemmermanniae on Hawaii Island (HBMP 2010), 
Joinvillea ascendens ssp. ascendens on Kauai (PEPP 2010, p. 80), Kadua 
fluviatilis on Kauai (HBMP 2010), Labordia lorenciana on Kauai (PEPP 
2011, p. 124; PEPP 2013, p. 126), Myrsine fosbergii on Kauai (HBMP 
2010), Nothocestrum latifolium on Maui (HBMP 2010), Ochrosia haleakalae 
on Maui and Hawaii Island (HBMP 2010), Phyllostegia stachyoides on 
Molokai (HBMP 2010), Portulaca villosa on Hawaii Island (PEPP 2012, p. 
140), Ranunculus mauiensis on Kauai and Maui (PEPP 2011, p. 161; PEPP 
2012, p. 144; PEPP 2013, pp. 177-178; PEPP 2014, pp. 155-156; Kishida 
2011, in litt.), Sanicula sandwicensis on Maui (PEPP 2011, p. 163), and 
Sicyos lanceoloideus on Kauai (PEPP 2012, p. 154; PEPP 2013, p. 189). 
In addition, browsing by feral goats may also damage or destroy native 
host plants of the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, and H. hilaris.
Axis Deer
    Axis deer are known to consume a wide range of forage items 
throughout their native range and in areas where they have been 
introduced (Anderson 1999, p. 3). Although they prefer to graze on 
grass, axis deer have been documented to eat over 75 species of plants, 
including all plant parts (Anderson 1999, p. 3). They exhibit a high 
degree of opportunism regarding their choice of forage, and consume 
progressively less palatable plants until no edible vegetation remains 
(Dinerstein 1987, in Anderson 1999, p. 5; Medeiros 2010, pers. comm.). 
Axis deer on Maui follow a cycle of grazing and browsing in open 
lowland grasslands during the rainy season (November through March) and 
then migrating to the lava flows of montane mesic forest during the dry 
summer months to graze and browse on many native plant species, for 
example, Abutilon menziesii (kooloaula, listed endangered), Erythrina 
sandwicensis (wiliwili), and Sida fallax (Medeiros 2010, pers. comm.). 
During the El Ni[ntilde]o drought cycles from 1988 through 2001, Maui 
experienced an 80 to 90 percent decline in native shrub species caused 
by axis deer browsing on and girdling young saplings (Medeiros 2010, 
pers. comm.). On Lanai, grazing by axis deer has been reported as a 
major threat to the endangered Gardenia brighamii (nanu), and Swedberg 
and Walker (1978, in Anderson 2003, pp. 124-25) reported that the 
native plants Osteomeles anthyllidifolia (uulei) and Leptecophylla 
tameiameiae (pukiawe) comprised more than 30 percent of axis deer rumen 
volume. During the driest summer months, axis deer are observed in 
coastal areas in search of food (Medeiros 2010, pers. comm.). Because 
axis deer occur in 10 of the 11 ecosystems on Molokai, Lanai, and Maui 
(all except anchialine pool), the results from the studies above, in 
addition to direct observations from field biologists, suggest that 
axis deer can also alter these ecosystems and directly damage or 
destroy native plants. Browsing or grazing by axis deer poses a threat 
to the following plant species: Gardenia remyi on Molokai (HBMP 2010), 
Huperzia stemmermanniae on Maui (HBMP 2010), Joinvillea ascendens ssp. 
ascendens on Maui (PEPP 2014, pp. 108-109), Nothocestrum latifolium on 
Lanai (PEPP 2012, p. 129), Portulaca villosa on Lanai (HBMP 2010), 
Pseudognaphalium sandwicensium var. molokaiense on Molokai (Wood 2005c, 
in litt.; Kallstrom 2008, in litt.; MNTF 2010), Ranunculus mauiensis on 
Maui (PEPP 2013, p. 178; PEPP 2014, pp. 154-155), Schiedea pubescens on 
Molokai and Lanai (Wood 2004, in litt.; Rowland 2006, in litt.; 
Oppenheimer 2001, in litt.), and Solanum nelsonii on Molokai (PEPP 
2012, p. 156; PEPP 2013, pp. 190-191; PEPP 2014, p. 167). Axis deer may 
also damage or destroy native host plants of the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, and H. 
longiceps.
Black-Tailed Deer
    Black-tailed deer are extremely adaptable, and in their native 
range (U.S. Pacific coast) inhabit every principal ecosystem including 
open grasslands, agricultural land, shrubland, woodland, mountain 
forests, semi-deserts, and high mountain ecosystems (NRCS 2005, in 
litt.). Their home range size varies in the continental United States, 
but has been estimated to from 1 to 4 sq mi (2.5 to 10 km) and 
sometimes as large as 30 sq mi (78 sq km), with adults defending small 
areas when caring for fawns (NRCS 2005, in litt.). We do not know their 
home range size on Kauai; however, the island is only 562 sq mi (1,456 
sq km) in size. Black-tailed deer are primarily browsers, but as they 
have a smaller rumen compared to other browsers in relation to their 
body size, they must select the most nutritious plants and parts of 
plants (Mule Deer Foundation 2011, in litt.). Their diet consist of a 
diversity of living, wilted, dry, or decaying vegetation, including 
leaves, needles, succulent stems, fruits, nuts, shrubs, herbaceous 
undergrowth, domestic crops, and grasses (NRCS 2005, in litt.). Black-
tailed deer consume native vegetation on the island of Kauai (van Riper 
and van Riper 1982, pp. 42-43; Stone 1985, pp. 262-263; Tomich 1986, 
pp. 132-134; Cuddihy and Stone 1990, p. 67). In the 1990s, it was 
estimated there were about 350 animals in and near Waimea Canyon; 
however, in 2013, the population was estimated to be 1,000 to 1,200 
animals in public hunting areas (not including private lands), and was 
expanding into the southern and eastern sections of the island (Mule 
Deer Working Group 2013, in litt.). According to State records, black-
tailed deer are feeding largely on the introduced species Psidium 
cattleianum and Rubus rosifolius, as well as the native species Alyxia 
stellata (maile), Dodonaea viscosa (aalii), Dianella sandwicensis 
(ukiuki), Coprosma sp. (pilo), and Acacia koa (Cuddihy and Stone 1990, 
p. 67). Browsing by black-tailed deer is a threat to the Kauai plant 
species Asplenium diellaciniatum, Joinvillea ascendens ssp. ascendens, 
Labordia lorenciana, Nothocestrum latifolium, Ranunculus mauiensis, and 
Sicyos lanceoloideus.
Mouflon and Sheep
    Mouflon, feral domestic sheep, and mouflon-sheep hybrids browse 
native vegetation on Lanai and Hawaii Island. Domestic sheep have been 
raised on Kauai, Lanai, Kahoolawe, and Hawaii, but today sheep farming 
only occurs on Hawaii Island on Mauna Kea and Hualalai (Pratt and 
Jacobi in Pratt et al. 2009, p. 151). Sheep browse (eating shoots, 
leaves, flowers, and bark) on the native Sophora chrysophylla (mamane), 
the primary food source of the endangered forest bird, the palila 
(Loxioides bailleui) (Scowcroft and Sakai 1983, p. 495). Feral sheep 
reductions were initiated in palila habitat; however, even after most 
were removed, tree bark stripping continued and some mamane populations 
did not recover (Pratt and Jacobi in Pratt et al. 2009, p. 151). On 
Hawaii Island, vegetation browsing by mouflon led to the decline of the 
largest population of the endangered Argyroxiphium kauense (kau 
silversword, Mauna Loa silversword, or ahinahina), reducing it from a 
``magnificent population of several thousand'' (Degener et al. 1976, 
pp. 173-174) to fewer than 2,000 individuals in a period of 10 years 
(unpublished data in Powell 1992, p. 312). Mamane is also preferred 
browse for mouflon, and according to Scowcroft and Sakai (1983, p. 
495), mouflon eat the shoots, leaves, flowers, and bark of this 
species. Mouflon are also reported to strip bark from native koa trees 
and to seek out the native plants Geranium

[[Page 67838]]

cuneatum (hinahina) and Silene hawaiiensis, and Lanai occurrences of 
Gardenia brighamii (Benitez et al. 2008, p. 57; Mehrhoff 1993, p. 11). 
While mouflon were introduced to Lanai and Hawaii Island as game 
mammals, a private game ranch on Maui has added mouflon to its stock, 
and it is likely that over time some individuals may escape (Hess 2010, 
pers. comm.; Kessler 2010, pers. comm.). Browsing and grazing by 
mouflon, feral domestic sheep, and mouflon-sheep hybrids poses a threat 
to the plant species Exocarpos menziesii on Hawaii Island (Keitt and 
Island Conservation 2008, pp. 90, 92; NPS 2013, pp. i, 124); Festuca 
hawaiiensis on Hawaii Island (Oppenheimer 2001, in litt.; HBMP 2007, in 
litt.); Nothocestrum latifolium on Lanai (PEPP 2012, p. 129); Portulaca 
villosa on Lanai (HBMP 2010); Ranunculus hawaiensis on Hawaii Island 
(HBMP 2010); and Sicyos macrophyllus on Hawaii Island (HBMP 2010). 
Because feral sheep and mouflon occur in all of the described 
ecosystems except for the anchialine pool ecosystem, the data from 
studies above suggest that in addition to consuming the host plants of 
the yellow-faced bees Hylaeus anthracinus and H. assimulans on Lanai, 
herbivory by feral sheep and mouflon also may consume host plants of 
the other species on Lanai: H. facilis, H. hilaris, and H. longiceps.
Feral Cattle
    Grazing by cattle is considered one of the most important factors 
in the destruction of Hawaiian forests (Baldwin and Fagerlund 1943, pp. 
118-122). Feral cattle are currently found only on the islands of 
Molokai, Maui, and Hawaii (Tomich 1986, pp. 140-144; de Sa et al. 2013, 
29 pp.). Cattle consume tree seedlings and browse saplings (Cuddihy 
1984, p. 16). In Hawaii Volcanoes National Park (Hawaii Island), 
Cuddihy reported that there were twice as many native plant species as 
nonnatives in areas that had been fenced to exclude cattle (Cuddihy 
1984, pp. 16, 34). Loss of the native sandalwood forest on Lanai is 
attributed to cattle (Skottsberg 1953 in Cuddihy 1984, p. 16). Browsing 
and grazing by feral cattle poses a threat to the following plant 
species: Huperzia stemmermanniae on Maui and Hawaii Island (Medeiros et 
al. 1996b, p. 96); Nothocestrum latifolium on Molokai and Maui (HBMP 
2010); Ochrosia haleakalae on Maui (HBMP 2010); Ranunculus hawaiensis 
on Hawaii Island (HBMP 2010); R. mauiensis on Maui and Hawaii Island 
(PEPP 2012, p. 144; PEPP 2013, p. 178; PEPP 2014, pp. 154-155; HBMP 
2010); Schiedea pubescens on Maui (Wood 2005d, in litt.; HBMP 2010); 
Sicyos macrophyllus on Hawaii Island (PEPP 2010, p. 111; HBMP 2010); 
and Solanum nelsonii on Molokai (Wood 1999, in litt.; HBMP 2010). 
Because feral cattle occur in 6 of the 11 ecosystems (lowland dry, 
lowland mesic, lowland wet, montane wet, montane mesic, and subalpine) 
in which these species occur on Molokai, Maui, and Hawaii Island, the 
results from the studies cited above, in addition to direct 
observations from field biologists, indicate that grazing by feral 
cattle can directly damage or destroy these plants.
Blackbuck
    The blackbuck antelope (Antelope cervicapra) is an endangered 
species from India brought to a private game reserve on Molokai about 
15 years ago from an Indian zoo (Kessler 2010, pers. comm.). According 
to Kessler (2010, pers. comm.), a few individuals escaped captivity and 
established a wild population of unknown size on the low, dry plains of 
western Molokai. Blackbuck primarily use grassland habitat for grazing. 
In India, foraging consumption and nutrient digestibility are high in 
the moist winter months and low in the dry summer months (Jhala 1997, 
pp. 1348, 1351). Although most plant species are grazed intensely when 
they are green, some are grazed only after they are dry (Jhala 1997, 
pp. 1348, 1351). Because the foraging dynamics of blackbuck antelope in 
Hawaii and possible habitat effects are unknown at this time, we do not 
currently consider this ungulate a threat to the four native plant 
species known from dry areas on Molokai: Gardenia remyi, Nothocestrum 
latifolium, Portulaca villosa, and Pseudognaphalium sandwicensium var. 
molokaiense, or to the yellow-faced bees Hylaeus anthracinus, H. 
facilis, H. hilaris, and H. longiceps (which rely on host plants that 
ungulates consume).
Other Introduced Vertebrates
Rats
    Three species of introduced rats occur in the Hawaiian Islands. 
Studies of Polynesian rat (Rattus exulans) DNA suggest they first 
appeared in the islands along with emigrants from the Marquesas Islands 
(French Polynesia) in about 400 A.D., with a second introduction around 
1100 A.D. (Ziegler 2002, p. 315). The black rat (R. rattus) and the 
Norway rat (R. norvegicus) arrived in the islands more recently, as 
stowaways on ships sometime in the late 19th century (Atkinson and 
Atkinson 2000, p. 25). The Polynesian rat and the black rat are 
primarily found in rural and remote areas of Hawaii, in dry to wet 
habitats, while the Norway rat is typically found in urban areas or 
agricultural fields (Tomich 1986, p. 41). The black rat is widely 
distributed throughout the main Hawaiian Islands and can be found in a 
range of ecosystems and as high as 9,000 ft (2,700 m), but it is most 
common at low- to mid-elevations (Tomich 1986, pp. 38-40). Sugihara 
(1997, p. 194) found both the black and Polynesian rats up to 7,000 ft 
(2,000 m) on Maui, but found the Norway rat only at lower elevations. 
Rats are omnivorous and eat almost any type of food (Nelson 2012, in 
litt.). Rats occur in 7 of the 11 ecosystems (coastal, lowland mesic, 
lowland wet, montane wet, montane mesic, montane dry, and wet cliff), 
and predation or herbivory by rats is a threat to 19 plants 
(Calamagrostis expansa (Maui and Hawaii Island; HBMP 2010), Cyanea 
kauaulaensis (Maui; PEPP 2012, pp. 71-72; PEPP 2014, p. 73), Dryopteris 
glabra var. pusilla (Kauai; Wood 2015, in litt.); Gardenia remyi 
(Kauai, Molokai, Maui, and Hawaii Island; Wood 2004, in litt.; HBMP 
2010); Joinvillea ascendens ssp. ascendens (Kauai, Oahu, Molokai, Maui, 
and Hawaii Island; PEPP 2014, p. 109), Kadua haupuensis (Kauai; Lorence 
et al. 2010, p. 140), Labordia lorenciana (Kauai; Wood et al. 2007, p. 
198), Ochrosia haleakalae (Maui; Oppenheimer 2015, in litt.), 
Phyllostegia helleri (Kauai; HBMP 2010), P. stachyoides (Molokai, Maui, 
and Hawaii Island; PEPP 2012, p. 133; PEPP 2013, pp. 158-159; PEPP 
2014, pp. 140-142), Pritchardia bakeri (Oahu; Hodel 2012, pp. 42, 73), 
Ranunculus mauiensis (Kauai, Oahu, Molokai, Maui, and Hawaii Island; 
HBMP 2010), Sanicula sandwicensis (Maui and Hawaii Island; PEPP 2012, 
p. 148), Santalum involutum (Kauai; Harbaugh et al. 2010, pp. 835-836), 
Schiedea diffusa ssp. diffusa (Molokai, Maui; HBMP 2010), S. pubescens 
(Molokai, Lanai, and Maui; Wood 2005d, in litt.; HBMP 2010), Sicyos 
macrophyllus (Maui and Hawaii Island; Pratt 2008, in litt.), Solanum 
nelsonii (NWHI, Niihau, Molokai, Maui, and Hawaii Island; PEPP 2012, p. 
156; PEPP 2014, p. 167), and Wikstroemia skottsbergiana (Kauai; 
Mitchell et al. 2005, in litt.)) and to the band-rumped storm-petrel 
(Lehua, Kauai, Maui, Kahoolawe, Lanai, and Hawaii Island; Pyle and Pyle 
2009, in litt.).
    Rat Impacts on Plants: Rats affect native plants by eating fleshy 
fruits, seeds, flowers, stems, leaves, roots, and other plant parts 
(Atkinson and Atkinson 2000, p. 23), and by stripping bark and cutting 
small branches (twig cutting) in search of moisture and nutrients, with 
detrimental impacts to

[[Page 67839]]

plants' vigor and regeneration (Abe and Umeno 2011, pp. 27-39; Nelson 
2012, pp. 1-4, 8-9). Studies in New Zealand have demonstrated that 
differential regeneration as a consequence of rat predation alters 
species composition of forested areas (Cuddihy and Stone 1990, pp. 68-
69). Rats have caused declines or even the total elimination of island 
plant species (Campbell and Atkinson 1999 in Atkinson and Atkinson 
2000, p. 24). In the Hawaiian Islands, rats may consume as much at 90 
percent of the seeds produced by some native plants, and in some cases 
prevent regeneration of forest species completely (Cuddihy and Stone 
1990, pp. 68-69). Hawaiian plants with fleshy fruit, such as Cyanea and 
Pritchardia, are particularly susceptible to rat predation (Cuddihy and 
Stone 1990, pp. 67-69). Predation of seeds by rats poses a serious and 
ongoing threat to all the Hawaiian Pritchardia palms, including P. 
bakeri, because rats are able to consume every seed in a fruiting 
stalk, preventing successful reproduction (Hodel 2012, pp. 42, 73). 
Fossil pollen records indicate that Pritchardia palms were once among 
the dominant species of coastal, lowland, and interior forests of 
Hawaii (Burney et al. 2001, pp. 630-631; Chapin et al. 2007, p. 21); 
today, complete coverage by all age classes of Pritchardia occurs only 
on small islets currently unoccupied by rats (Athens 2009, p. 1498). 
Because rats occur in seven of the ecosystems in which these species 
occur, the results from these studies, in addition to direct 
observations by field biologists, suggest that predation by rats can 
directly damage or destroy native plants.
    Rat Impacts on the Band-Rumped Storm-Petrel: Introduced predators 
are the most serious threat facing the band-rumped storm-petrel. Rats 
occur on all the main Hawaiian Islands, and populations are also high 
on Lehua; however, attempts to control rats on Lehua are ongoing 
(Parkes and Fisher 2011, 48 pp.). Ground-, crevice-, and burrow-nesting 
seabirds, as well as their eggs and young, are highly susceptible to 
predation by rats; storm-petrels are the most susceptible of seabirds 
to rat predation and have experienced population-level impacts and 
extirpation as a result (Simons 1984, p. 1073; Jones et al. 2008, pp. 
20-21). Evidence from the islands of Hawaii and Maui show that the 
Hawaiian petrel, a much larger seabird that nests in some of the same 
areas as the band-rumped storm-petrel, suffers huge losses to 
introduced predators (Johnston 1992, in litt.; Hodges and Nagata 2001, 
pp. 308-310; Hu et al. 2001, p. 234). The effects of introduced 
predators on the breeding success of the band-rumped storm-petrel are 
probably similar to the documented effects on the breeding success of 
Hawaiian petrels because these birds are similarly vulnerable. 
Population modeling showed that consistent predation of Hawaiian 
petrels, where reproductive success was reduced to 35 percent and adult 
survival was 80 percent, could drive a population to extinction in 20 
to 30 years (Simons 1984, pp. 1071-1073). Rat bones were collected from 
a band-rumped storm-petrel nest on a sheer cliff on Kauai, and two live 
rats were observed moving along small rock ledges in the same area 
(Wood et al. 2002, p. 8), demonstrating that even remote and otherwise 
inaccessible nest sites are not safe from these predators. Because rats 
are present in all three ecosystems in which the band-rumped storm-
petrel occurs (coastal, dry cliff, and wet cliff), predation by rats 
likely results in decreases in the numbers and populations of the band-
rumped storm-petrel. We do not anticipate a reduction of this threat in 
the near future.
Barn Owl Impacts on the Band-Rumped Storm-Petrel
    Two species of owls, the native pueo (Asio flammeus sandwichensis) 
and the introduced barn owl (Tyto alba), are known to prey on native 
Hawaiian birds. For example, between 1996 and 1998, 10 percent of nest 
failures of the puaiohi (small Kauai thrush, Myadestes palmeri), an 
endangered forest bird, on Kauai were attributed to owls (Snetsinger et 
al. 1994, p. 47; Snetsinger et al. 2005, pp. 72, 79). The band-rumped 
storm petrel only comes to land after dark, and likely avoids predation 
by the pueo, which hunts in daylight (Hawaii DOFAW 2005). The nonnative 
barn owl, however, is a nocturnal hunter and may prey on the storm-
petrel. Barn owls were introduced to Kauai, Oahu, Molokai, and Hawaii 
Island between 1958 and 1963, to control rats and mice in sugar cane 
plantations, and now they occur on all of the main islands (USFWS 2013, 
p. 9). Barn owls are well-known predators of storm-petrels and other 
seabirds on islands (LeCorre and Jouventin 1997, p. 215; Velarde et al. 
2007, p. 286; Guerra et al. 2014, p. 182; Ringler et al. 2015, p. 79). 
Direct impacts of barn owls on band-rumped storm-petrels in Hawaii are 
not well documented, but evidence and numerous anecdotal reports exist 
of barn owls preying on seabirds in the main Hawaiian islands, 
including the threatened Newell's shearwater and endangered Hawaiian 
petrel, and including on Kauai and Lehua, where band-rumped storm-
petrels are known to nest (summarized in USFWS 2013, pp. 11-12). 
Because barn owls occur throughout the range of the band-rumped storm-
petrel in Hawaii, they are likely to be predators of these seabirds.
Cat Impacts on the Band-Rumped Storm-Petrel
    Cats (Felis catus) were introduced to Hawaii in the early 1800s, 
and are present on all the main Hawaiian Islands (Tomich 1986, p. 101). 
Cats are notorious for their predation on birds (Tomich 1986, p. 102). 
Native mammalian carnivores are absent from oceanic islands because of 
their low dispersal ability, but once introduced, are significant 
predators on seabird colonies and terrestrial birds that have no innate 
defenses against predation by these animals (Scott et al. 1986, p. 363; 
Ainley et al. 1997, p. 24; Ziegler 2002, p. 243; Hess and Banko 2006, 
in litt.; Nogales et al. 2013, p. 804). Cats may have contributed to 
the extinction of the Hawaiian rail (Porzana sandwichensis) (Stone 1985 
in Stone and Scott 1985, p. 266). Although cats are more common at 
lower elevations, there are populations in areas completely isolated 
from human presence, including montane forests and alpine areas of Maui 
and Hawaii Island (Lindsey et al. in Pratt et al. 2009, p. 277; Scott 
et al. 1986, p. 363). Examination of the stomach contents of feral cats 
at Hakalau Forest NWR (Hawaii Island) found native and introduced birds 
to be the most common prey item (Banko et al. 2004, p. 162). Cats are 
believed to prey on roosting or incubating adult band-rumped storm-
petrels and young, as evidenced by carcasses found in Hawaii Volcanoes 
National Park depredated by cats (Hu, pers. comm. in Slotterback 2002, 
in litt.; Hess et al. 2008, pp. 11, 14). Predation by cats is well 
known for the endangered Hawaiian petrel, which has some accessible and 
well-studied nesting areas; this species shares life-history and 
evolutionary traits with the band-rumped storm-petrel that make both 
vulnerable to nonnative mammalian predators. We expect the band-rumped 
storm-petrel to experience impacts of cat predation similar to those 
documented in the Hawaiian petrel. On Mauna Loa (Hawaii Island), feral 
cats were major predators of Hawaiian petrels (Hu et al. 2001, p. 234), 
and on Haleakala (Maui), almost half of the known mortalities of 
Hawaiian petrels between 1964 and 1996 were attributed to cats 
(Natividad Hodges and Nagata 2001, p. 312; Hu et al. 2001, p. 234). 
Population modeling of the Hawaiian petrel indicated that the petrel 
population would be unable to

[[Page 67840]]

withstand any level of predation for long, and even with seemingly low 
levels of predation, the petrel population would be reduced by half in 
fewer than 30 years (Simons 1984, p. 1073). The band-rumped storm 
petrel is smaller in size than the petrel, but also nests in burrows 
and rock-crevices, lacks co-evolved predator avoidance behavior, and 
has a lengthy incubation and fledgling period, making this species 
highly vulnerable to predation by introduced mammals. Because feral 
cats occur in all four ecosystems in which the band-rumped storm petrel 
occurs, they are likely to be significant predators of these birds.
Mongoose Impacts on the Band-Rumped Storm-Petrel
    The small Indian mongoose (Herpestes auropunctatus) was introduced 
to Hawaii in 1883, to control rodents in sugar cane plantations (Tomich 
1986, pp. 95-96). This species quickly became widespread on Oahu, 
Molokai, Maui, and Hawaii Island, from sea level to elevations as high 
as 7,000 ft (2,130 m) (Tomich 1986, pp. 93-94). Mongooses have been 
sighted, and two captured, on Kauai, but it is still uncertain if the 
species is established there or how large populations might be (Kauai 
Invasive Species Committee 2013, in litt.; The Garden Island 2012, in 
litt.; Hess et al. in Pratt et al. 2009, p. 429). Mongooses are 
omnivorous, are known to prey on Hawaiian birds and their eggs, and are 
considered a likely factor in the decline of the endangered Hawaiian 
goose (nene, Branta sandvicensis) (Tomich 1986, p. 97). They are known 
or suspected predators on other Hawaiian birds, including the Hawaiian 
crow (alala, Corvus hawaiiensis), Hawaiian duck (koloa, Anas 
wyvilliana), Hawaiian coot (alae keokeo, Fulica alai), Hawaiian stilt 
(aeo, Himantopus mexicanus knudseni), Hawaiian gallinule (ula, 
Gallinula chloropus sandvicensis), Hawaiian petrel, and Newell's 
shearwater. Bird extinctions in other areas are attributed to 
mongooses, such as the loss of the barred-wing rail (Nesoclopeus 
poecilopterus) in Fiji, and the Jamaica petrel (Pterodroma caribbaea) 
(Hays and Conant 2007, p. 6). Birds extirpated from islands occupied by 
mongooses retain their populations on islands known to be mongoose-free 
(Hays and Conant 2007, p. 7). In Hawaii, mongooses occur in habitat 
types where they are not found within their natural range, and they 
have no predators and few communicable diseases or parasites. Because 
mongooses occur in all four ecosystems in which the band-rumped storm 
petrel occurs, they are likely to be significant predators of the band-
rumped storm-petrel.
Nonnative Fish Impacts on the Orangeblack Hawaiian Damselfly
    Predation by nonnative fishes is a threat to the orangeblack 
Hawaiian damselfly. Similar to the aquatic insects, Hawaii has a low 
diversity of freshwater fishes, with only five native species in two 
families (gobies (Gobiidae) and sleepers (Eleotridae)) that occur on 
all the main islands (Devick 1991, p. 196). Information on these five 
species indicates that the Hawaiian damselflies probably experienced 
limited natural predation pressure from these native fishes (Kido 1997, 
p. 493; Englund 1999, p. 236). Conversely, fish predation has been an 
important factor in the evolution of behavior in damselfly naiads in 
continental systems (Johnson 1991, p. 13). Some species of damselflies, 
including the native Hawaiian species, are not adapted to coexist with 
some fish species, and are found only in bodies of water without fish 
(Henrikson 1988, pp. 179-180; McPeek 1990a, pp. 92-93). The naiads of 
these species tend to occupy more exposed positions and engage in 
conspicuous foraging behavior that makes them susceptible to predation 
by fishes (Macan 1977, p. 47; McPeek 1990b, p. 1722). The introduction 
of nonnative fishes has been implicated in the extirpation of a species 
related to the orangeblack Hawaiian damselfly, the endangered Pacific 
Hawaiian damselfly (Megalagrion pacificum), from Oahu, Kauai, and 
Lanai, and from many streams on the remaining islands where it occurs 
(Moore and Gagne 1982, pp. 1-4). More than 70 species of fish have been 
introduced into Hawaiian freshwater habitats (Devick 1991, p. 189; 
Englund and Eldredge in Staples and Cowie 2001, p. 32; Englund 2004, in 
litt., p.27). The impact of fish introductions prior to 1900 cannot be 
assessed because this predates the initial collection of damselflies in 
Hawaii (Perkins 1913, p. clxxvi). In 1905, two species, the mosquito 
fish (Gambusia affinis) and the sailfin molly (Poecilia latipinna), 
were introduced for biological control of mosquitoes (Van Dine 1907, 
pp. 6-9). In 1922, three additional species were established for 
mosquito control, the green swordtail (Xiphophorus helleri), the 
moonfish (Xiphophorus maculatus), and the guppy (Poecilia reticulata). 
By 1935, the orangeblack Hawaiian damselfly was found only in waters 
without introduced fishes (Williams 1936, p. 289; Zimmerman 1948b, p. 
341; Polhemus 1993b, p. 591; Englund 1998, p. 235). Beginning about 
1980, a large number of new fish introductions began in Hawaii, 
originating primarily from the aquarium fish trade (Devick 1991, p. 
189). This recent wave of fish introductions on Oahu corresponded with 
the drastic decline and range reduction of other Hawaiian damselfly 
species: The endangered oceanic Hawaiian damselfly (Megalagrion 
oceanicum), the endangered crimson Hawaiian damselfly (M. leptodemas), 
and the endangered blackline Hawaiian damselfly (M. nigrohamatum 
nigrolineatum). Currently, these damselflies are found only in 
drainages or higher parts of stream systems where nonnative fish are 
not yet established (Englund and Polhemus 1994, pp. 8-9; Englund 2004, 
in litt., p. 27). In summary, Hawaiian damselflies evolved with few, if 
any, predatory fishes and the lack of defensive behavior makes the 
orangeblack Hawaiian damselfly particularly vulnerable to, and are 
threatened by, predation by nonnative fish.
Nonnative Fish Impacts on the Anchialine Pool Shrimp
    In Hawaii, the introduction of nonnative fishes into anchialine 
pools and the ensuing predation by nonnative fishes is considered the 
greatest threat to native shrimp within anchialine pool systems 
(Bailey-Brock and Brock 1993, p. 354). These impacts are discussed 
further under Factor E. Other Natural or Manmade Factors Affecting 
Their Continued Existence, below.
Bullfrog Impacts on the Orangeblack Hawaiian Damselfly
    Native to the eastern United States and the Great Plains region, 
the bullfrog (Rana catesbeiana, Lithobates catesbeiana), was first 
introduced to Hawaii in 1899, to help control insects, and has become 
established on all the main Hawaiian Islands (Bryan 1931, pp. 62-63; 
Bury and Whelan 1985, p. 1; Lever 2003, p. 203). The bullfrog is 
flexible in both habitat and food requirements (McKeown 1996, pp. 24-
27; Bury and Whelan 1984, pp. 3-7; Lever 2003, pp. 203-204), and can 
utilize any water source within a temperature range of 60 to 75 degrees 
Fahrenheit ([deg]F) (16 to 24 degrees Celsius ([deg]C)) (DesertUSA 
2008). Englund et al. (2007, pp. 215, 219) found a strong correlation 
between the presence of bullfrogs and the absence of Hawaiian 
damselflies in their study of streams on all the main Hawaiian Islands. 
Because bullfrogs are omnivorous feeders and occur in the same habitat 
as the orangeblack Hawaiian damselfly, we consider predation by 
bullfrogs a threat to the orangeblack Hawaiian damselfly.

[[Page 67841]]

Introduced Invertebrates
Slugs
    Herbivory by nonnative slugs is a threat to 10 of the 39 plant 
species (Cyanea kauaulaensis (Maui); Deparia kaalaana (Maui), 
Dryopteris glabra var. pusilla (Kauai), Hypolepis hawaiiensis var. 
mauiensis (Maui), Ochrosia haleakalae (Maui, Hawaii Island), 
Phyllostegia brevidens (Maui), P. stachyoides (Molokai, Maui), 
Ranunculus mauiensis (Kauai, Maui), Schiedea diffusa ssp. diffusa 
(Maui), and S. pubescens (Molokai, Maui)) through mechanical damage, 
destruction of plant parts, and mortality (see Table 2) (Joe 2006, p. 
10; HBMP 2010; PEPP 2011, pp. 149, 170; PEPP 2012, pp. 71-72, 117-118, 
133, 144-145, 153; PEPP 2013, pp. 54, 67, 91, 125-126, 158-159, 177-
178, 185; Oppenheimer and Bustamente 2014, p. 106; PEPP 2014, pp. 73, 
112-114, 136, 141-142, 154-156, 159, 162-163). Slugs are known to 
damage individuals of Cyanea and Cyrtandra species in the wild (Wood 
2001, in litt.; Sailer and Kier 2002, in litt.; PEPP 2007, p. 38; PEPP 
2008, pp. 23, 29, 52-53, 57). Information in the U.S. Army's 2005 
``Status Report for the Makua Implementation Plan'' indicates that 
herbivory by slugs can be a threat to all species of Cyanea, and can 
result in up to 80 percent seedling mortality (U.S. Army Garrison 2005, 
p. 3-51). Slug damage has also been reported on other Hawaiian plants 
including Argyroxiphium grayanum (greensword), Alsinidendron sp., 
Hibiscus sp., Schiedea kaalae (maolioli), Solanum sandwicense (popolo 
aiakeakua), and Urera sp. (Gagne 1983, pp. 190-191; Sailer 2006, pers. 
comm. in Joe 2006, pp. 28-34). Joe and Daehler (2008, p. 252) found 
that native Hawaiian plants are more vulnerable to slug damage than 
nonnative plants. In particular, they found that individuals of the 
endangered plants Cyanea superba and Schiedea obovata had 50 percent 
higher mortality when exposed to slugs as compared to individuals that 
were within exclosures without slugs. Because slugs are reported in 
five ecosystems (lowland mesic, lowland wet, montane wet, montane 
mesic, and wet cliff) on all the main Hawaiian Islands, the data from 
the studies cited above, in addition to direct observations by field 
biologists, indicate that slugs can directly damage or destroy native 
plants.
Black Twig Borers
    The black twig borer (Xylosandrus compactus) is known to infest a 
wide variety of common plant taxa, including rare native plant species 
(Davis 1970, p. 39; Extension Entomology and US-CTAHR Integrated Pest 
Management Program 2006, p. 1). This insect pest burrows into branches, 
introduces a pathogenic fungus as food for its larvae, and lays its 
eggs (Davis 1970, p. 39). Twigs, branches, and entire plants can be 
damaged or killed from an infestation (Extension Entomology and UH-
CTAHR Integrated Pest Management Program 2006, in litt.). On the 
Hawaiian Islands, the black twig borer has many hosts, disperses 
easily, and is probably present at most elevations up to 2,500 ft (762 
m) (Howarth 1985, pp. 152-153). The black twig borer is reported as a 
threat to Labordia lorenciana and Nothocestrum latifolium (Ching-Harbin 
2015, in litt.; Kishida 2015, in litt.).
Backswimmers
    Backswimmers are aquatic true bugs (Heteroptera) in the family 
Notonectidae, so called because they swim upside down. Backswimmers are 
voracious predators and frequently feed on prey much larger than 
themselves, such as tadpoles, small fish, and other aquatic 
invertebrates including damselfly naiads (Borror et al. 1989, p. 296; 
Zalom 1978, p. 617). Backswimmers (several species) were introduced in 
recent times. Buenoa pallipes (NCN) has been recorded from Hawaii 
Island, Oahu, Maui, and Kauai (Zimmerman 1948, pp. 232-233; Larsen 
1996, p. 40). This species is found in streams and can be abundant in 
lowland ponds and reservoirs. It feeds on any suitably sized insect, 
including damselfly naiads (Zalom 1978, p. 617). Two additional species 
of backswimmers have become established in Hawaii, Anisops kuroiwae 
(NCN) on Maui and Lanai, and Notonecta indica (NCN) on Hawaii Island, 
Oahu, and Maui (Larsen 1996, pp. 39-40). Predation by backswimmers is a 
threat to the orangeblack Hawaiian damselfly (Haines 2015, in litt.).
Ants
    At least 47 species of ants are known to be established in the 
Hawaiian Islands (Hawaii Ants 2008, 11 pp.). No native ant species 
occur in Hawaii, and the native yellow-faced bee species in Hawaii 
evolved in the absence of predation pressure from ants. Ants are known 
to prey upon Hawaiian yellow-faced bee (Hylaeus) species, with 
observations of drastic reductions in yellow-faced bee populations in 
ant-infested areas (Medeiros et al. 1986, pp. 45-46; Reimer 1994, p. 
17; Stone and Loope 1987, p. 251; Cole et al. 1992, pp. 1313, 1317, 
1320). The presence of ants in nearly all of the low-elevation habitat 
sites currently and historically occupied by yellow-faced bee species 
may preclude these species' recovery in some of these areas (Reimer 
1994, pp. 17-18; Daly and Magnacca 2003, pp. 9-10). Although the 
primary impact of ants on Hawaii's native invertebrate fauna is via 
predation, they also compete for nectar (Reimer 1994, p. 17; Howarth 
1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, pp. 188, 
209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155) and nest sites 
(Krushelnycky et al. 2005, pp. 6-7). Some ant species may affect 
yellow-faced bee species indirectly as well, by consuming seeds of 
native host plants, thereby reducing the plants' recruitment and 
fecundity (Bond and Slingsby 1984, p. 1031). The threat of ant 
predation on the yellow-faced bees is amplified by the fact that most 
ant species have winged reproductive adults and can quickly expand 
their range by establishing new colonies in suitable habitat (Staples 
and Cowie 2001, p. 55). In addition, these attributes allow some ants 
to destroy otherwise geographically isolated populations of native 
arthropods (Nafus 1993, pp. 19, 22-23). Several studies suggest a 
serious ecosystem-level effect of invasive ants on plant pollination 
(Krushelnycky et al. 2005, p. 9; Lach 2008, p. 155). Where ranges 
overlap, ants compete with native pollinators such as yellow-faced bees 
and preclude them from pollinating native plants (Howarth 1985, p. 
157), potentially leading to a decrease in availability of the bees' 
native plant food sources. Lach (2008, p. 155) found that yellow-faced 
bees that regularly consume pollen from flowers of Metrosideros 
polymorpha (ohia) were entirely absent from trees with flowers visited 
by the ant Pheidole megacephala.
    The four most aggressive ant species in Hawaii are the big-headed 
ant (Pheidole megacephala), the yellow crazy ant (Anoplolepis 
gracilipes), the tropical fire ant (Solenopsis geminata), and S. 
papuana (NCN). The big-headed ant is native to central Africa and was 
first reported in Hawaii in 1879 (Krushelnycky et al. 2005, p. 24). 
This species occurs from coastal to mesic habitat up to 4,000 ft (1,220 
m) in elevation. With few exceptions, native insects have been 
eliminated in habitats where the big-headed ant is present (Perkins 
1913, p. xxxix; Gagne 1979, p. 81; Gillespie and Reimer 1993, p. 22). 
Native habitat of the yellow crazy ant is not known, but it is 
speculated the species originated in West Africa (MacGown 2015, in 
litt.). It occurs in low to mid elevations (less than 2,000

[[Page 67842]]

ft (600 m)) in rocky areas of moderate annual rainfall (less than 100 
in (250 cm)) (Reimer et al. 1990, p. 42). Although surveys have not 
been conducted to ascertain this species' presence in each of the known 
habitats occupied by the seven yellow-faced bees, we know that the 
yellow crazy ant occurs adjacent to some of the identified populations 
sites based upon observations of their expanding range and their 
preference for coastal and dry forest habitat (as indicated where the 
species is most commonly collected) (Antweb 2015, in litt.; Magnacca 
and King 2013, pp. 13-14). Direct observations indicate that Hawaiian 
arthropods are susceptible to predation by this ant species. Gillespie 
and Reimer (1993, pp. 21, 26) and Hardy (1979, pp. 37-38) documented 
the complete elimination of native spiders from mesic and dry forests 
after they were invaded by the big-headed ant and the yellow crazy ant. 
Lester and Tavite (2004, p. 291) found that the yellow crazy ant in the 
atolls of Tokelau (Central Polynesia) form very high densities in a 
relatively short period of time with locally serious consequences for 
invertebrate diversity. Densities of 3,600 individuals collected in 
pitfall traps within a 24-hour period were observed, as well as 
predation on invertebrates ranging from crabs to other ant species. 
Results from these and other studies (Reimer et al. 1990, p. 47) 
indicate that yellow crazy ants have the potential as predators to 
profoundly affect endemic insect fauna in areas they occupy. We believe 
that the yellow crazy ant is a threat to populations of the Hawaiian 
yellow-faced bees in areas within their range.
    Solenopsis papuana, native to the Pacific region but not to Hawaii, 
is the only abundant, aggressive ant that has invaded intact mesic and 
wet forest, as well as coastal and lowland dry ecosystems. First 
detected in 1967, this species occurs from sea level to over 3,600 ft 
(1,100 m) on all of the main Hawaiian Islands, and is still expanding 
its range (Reimer et al. 1990, p. 42; Reimer 1993, p. 14). Studies have 
been conducted that suggest a negative effect of this ant species on 
indigenous invertebrates (Gillespie and Reimer 1993, p. 21). Although 
surveys have not been conducted to ascertain the presence of S. papuana 
in each of the known ecosystems occupied by the seven yellow-faced 
bees, because of the expanding range of this introduced ant species, 
and its widespread occurrence in coastal to wet habitats, it is a 
possible threat to all known populations of the seven yellow-faced 
bees.
    Solenopsis geminata is also considered a significant threat to 
native invertebrates in Hawaii (Wong and Wong 1988, p. 171). Found in 
drier areas of all the main Hawaiian Islands, it displaced Pheidole 
megacephala as the dominant ant in some localities more than 20 years 
ago (Wong and Wong 1988, p. 175). Known to be a voracious predator, 
this ant species was documented to significantly increase native fruit 
fly mortality in field studies in Hawaii (Wong and Wong 1988, p. 175). 
Solenopsis geminata is included among the eight species ranked as 
having the highest potential risk to New Zealand species in a detailed 
pest risk assessment for the country (GISD 2011, in litt.), and is 
included as one of the five ant species listed among the ``100 of the 
World's Worst Invaders'' (Manaaki Landcare Research 2015, in litt.). In 
addition to predation, S. geminata workers tend honeydew-producing 
members of the Homoptera suborder, especially mealybugs, which can 
affect plants directly and indirectly through the spread of disease 
(Manaaki Landcare Research 2015, in litt.). Although surveys have not 
been conducted to ascertain the presence of S. geminata in each of the 
known seven yellow-faced bees' habitat sites, because of its expanding 
range and widespread presence, S. geminata is a threat to all known 
populations of the seven yellow-faced bees.
    Although we have no direct information that correlates the decrease 
in populations of the seven yellow-faced bees in this final rule due to 
the establishment of nonnative ants, predation of and competition with 
other yellow-faced bee species by ants has been documented, resulting 
in clear reductions in or absence of populations (Magnacca and King 
2013, p. 24). We expect similar predation impacts to the seven yellow-
faced bees to continue as a result of the widespread presence of ants 
throughout the Hawaiian Islands, their highly efficient and non-
specific predatory behavior, and their ability to quickly disperse and 
establish new colonies. Therefore, we conclude that predation by 
nonnative ants represents a serious threat to the continued existence 
of the seven yellow-faced bees, now and into the future.
Wasps
    Predation by the western yellow jacket wasp (Vespula pensylvanica) 
is a serious and ongoing threat to the seven yellow-faced bees (Gambino 
et al. 1987, p. 170; Wilson et al. 2009, pp. 1-5). The western yellow 
jacket is a social wasp species native to mainland North America. It 
was first reported on Oahu in the 1930s (Sherley 2000, p. 121), and an 
aggressive race became established in 1977 (Gambino et al. 1987, p. 
170). In temperate climates, the western yellow jacket wasp has an 
annual life cycle, but in Hawaii's tropical climate, colonies of this 
species persist year round, allowing growth of large populations 
(Gambino et al. 1987, p. 170) and thus a greater impact on prey 
populations. Most colonies occur between 2,000 and 3,500 ft (600 and 
1050 m) in elevation (Gambino et al. 1990, p. 1088), although they can 
also occur at sea level. The western yellow jacket wasp is known to be 
an aggressive, generalist predator and has been documented preying upon 
Hawaiian yellow-faced bee species (Gambino et al. 1987, p. 170; Wilson 
et al. 2009, p. 2). It has been suggested that the western yellow 
jacket wasp may compete for nectar with native Hawaiian invertebrates, 
but we have no information to suggest this represents a threat to the 
seven yellow-faced bees. Predation by the western yellow jacket wasp is 
a significant threat to the seven yellow-faced bee species because of 
the wasps' presence in habitat combined with the small number of 
occurrences and small population sizes of the Hawaiian yellow-faced 
bees.

Summary of Factor C

    We are unaware of any information that indicates that disease is a 
threat to the 39 plant species. We are also unaware of any information 
that indicates that disease is a threat to the band-rumped storm-
petrel, the orangeblack Hawaiian damselfly, or the anchialine pool 
shrimp, Procaris hawaiana. It has been suggested that transmission of 
disease from alien invertebrates by mutual flower visitation is a 
threat to the seven yellow-faced bees (Hylaeus spp.), but we currently 
have no evidence that this is occurring.
    We consider predation and herbivory by one or more of the nonnative 
animal species (pigs, goats, axis deer, black-tailed deer, sheep, 
mouflon, cattle, rats, barn owls, cats, mongooses, fish, slugs, ants, 
black twig borers, and wasps) to pose an ongoing threat to 35 of the 39 
plant species and to all 10 animal species throughout their ranges for 
the following reasons:
    (1) Observations and reports have documented that pigs, goats, axis 
deer, black-tailed deer, sheep, mouflon, and cattle browse 27 of the 39 
plant species, in addition to other studies demonstrating the negative 
impacts of ungulate browsing on native plant species of the islands. If 
the numbers and range of blackbuck antelope increase, their browsing 
will be a threat to native plants that occur on Molokai,

[[Page 67843]]

including host plants for the yellow-faced bees.
    (2) Nonnative rats and slugs (either singly or combined) cause 
mechanical damage to plants and destruction of plant parts (branches, 
flowers, fruits, and seeds), and are considered a threat to 22 of the 
39 plant species.
    (3) Rats also prey upon adults, juveniles, and eggs of the band-
rumped storm-petrel, and are linked with the dramatic decline of many 
closely related bird species. Because rats are found in all of the 
ecosystems in which the band-rumped storm-petrel occurs, we consider 
predation by rats to be a serious and ongoing threat.
    (4) Barn owls and cats have established populations in the wild on 
all the main islands, and mongooses have established populations on all 
the main islands except for Kauai. All of these nonnative animals are 
known to prey on ground- and burrow-nesting seabirds. Predation by 
these animals is a serious and ongoing threat to the band-rumped storm-
petrel.
    (5) The absence of Hawaiian damselflies (including the orangeblack 
Hawaiian damselfly) from ponds, pools, and other aquatic habitat on the 
main Hawaiian Islands is strongly correlated with the presence of 
predatory nonnative fish; numerous observations and reports suggest 
nonnative predatory fishes eliminate native damselflies from these 
habitats. Accordingly, predation by nonnative fishes is a serious and 
ongoing threat to the orangeblack Hawaiian damselfly. Predation by 
bullfrogs, backswimmers, and Jackson's chameleons, and competition with 
caddisflies are threats to the orangeblack Hawaiian damselfly.
    (6) Once introduced to anchialine pools, nonnative fish, through 
predation and competition for food sources, directly affect anchialine 
pool shrimp, including Procaris hawaiana, and also disrupt anchialine 
pool ecology.
    (7) Damage and destruction by the black twig borer is a threat to 
two plant species, Labordia lorenciana and Nothocestrum latifolium.
    (8) Predation by nonnative ants and wasps poses a threat to all 
seven yellow-faced bees.
    These threats are serious and ongoing, act in concert with other 
threats to the species, and are expected to continue or increase in 
magnitude and intensity into the future without effective management 
actions to control or eradicate them. The effects of the combined 
threats suggest the need for immediate implementation of recovery and 
conservation methods.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

Overview
    Currently, no existing Federal, State, or local laws, treaties, or 
regulations specifically conserve or protect 48 of the 49 species 
(except the band-rumped storm-petrel by the Migratory Bird Treaty Act 
(MBTA; 16 U.S.C. 703-712)), or adequately address the threats to any of 
the 49 species (see Table 2). There are a few small programs and 
organizations that conduct vegetation monitoring and nonnative species 
and predator control, but these activities are nonregulatory, and 
neither continuation of these conservation efforts nor funding for them 
is guaranteed.
    Federal laws pertaining to the 49 species addressed here include 
Executive Order (E.O.) 13112, the MBTA, the Lacey Act (16 U.S.C. 3371-
3378; 18 U.S.C. 42-43), the Federal Noxious Weed List (7 CFR 360.200), 
and the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). The U.S. Department of Agriculture (USDA) 
inspects propagative and restricted plant materials and animals, and 
implements ``Special Local Needs'' rules for pesticide use, but only on 
a species-by-species basis. The Department of Homeland Security-Customs 
and Border Protection (CBP) is responsible for inspecting commercial, 
private, and military vessels and aircraft, and related cargo and 
passengers arriving from foreign locations. However, CBP focuses on 
quarantine issues involving non-propagative plant materials; wooden 
packing materials, timber, and products; internationally regulated 
commercial species under CITES; and federally listed noxious plants, 
seeds, soils, and pests of concern to the continental United States, 
such as pests to mainland U.S. forests and agriculture.
    Hawaii State law regarding natural resource protections include 
those under Hawaii revised statutes (HRS): Plant and nondomestic animal 
quarantine and microorganism import (HRS 11-3-150A) and noxious weed 
control (HRS 11-3-152); flood control (HRS 12-2), water and land 
development (HRS 12-174), and State water code (HRS 12-2-174D); 
wildlife (general wildlife, hunting, game birds, game mammals, and wild 
birds and other wildlife) (HRS 12-4-183D); aquatic resources and 
wildlife-alien aquatic organisms (HRS 12-5-187A); general and 
miscellaneous, invasive species council (HRS 12-6-194); conservation of 
aquatic life, wildlife, and land plants (HRS 12-6-195D); and Natural 
Area Reserves (NARs) (HRS 12-6-195). These laws are interpreted and 
implemented under Hawaii administrative rules (HAR). Applicable HARs 
include: Noxious weed rules (HAR 4-6-68); plant and nondomestic animal 
quarantine, microorganism import rules (HAR 4-6-ch 71A, 71C), and plant 
intrastate rules (HAR4-6-72); rules regulating game mammal hunting (HAR 
13-5-2-ch 123; indigenous wildlife, endangered and threatened wildlife, 
and introduced wild birds (HAR 13-5-2-ch 124); protection of instream 
uses of water (HAR 13-7-ch 169), and NARs system (HAR 13-9-ch 208-210).
    Private and local programs that provide protections, and that help 
to implement Federal and State environmental regulations, laws, and 
rules for one or more of the 49 species, include the Hawaii Invasive 
Species Committee (HISC), the Coordinating Group on Alien Pest Species 
(CGAPS), and the Hawaii Association of Watershed Partnerships (HAWP). 
In addition, the Plant Extinction Protection Program (PEPP) was created 
to protect Hawaii's rare plant species in need of immediate 
conservation efforts, by monitoring, propagating, outplanting, and 
providing some protection from threats.
    We discuss Federal and State regulatory mechanisms, along with 
agencies and groups authorized to implement them, and the coordination 
between them, below.
Federal Regulatory Mechanisms
    On February 3, 1999, Executive Order (E.O.) 13112 was signed 
establishing the National Invasive Species Council (NISC). This E.O. 
requires that a Council of Departments dealing with invasive species be 
created to prevent the introduction of invasive species; provide for 
their control; and minimize the economic, ecological, and human health 
impacts that invasive species cause. Invasive species include aquatic 
plant and animal species, terrestrial plants and animal species, and 
plant and animal pathogens. This E.O. was reviewed in 2005 (NISC 2005). 
NISC uses a cooperative approach to enhance the Federal Government's 
response to the threat of invasive species, and emphasizes prevention, 
early detection and rapid response, and sharing of information. See our 
discussion below concerning the Hawaii Invasive Species Committee 
(HISC) regarding the effectiveness of this law.
    The MBTA is the domestic law that implements the United States' 
commitment to four international conventions (with Canada, Japan, 
Mexico, and Russia) for the protection

[[Page 67844]]

of shared migratory bird resources. The MBTA regulates most aspects of 
take, possession, transport, sale, purchase, barter, export, and import 
of migratory birds and prohibits the killing, capturing, and collecting 
of individuals, eggs, and nests, unless such action is authorized by 
permit. While the MBTA does prohibit actions that directly kill a 
covered species, unlike the Endangered Species Act (Act), it does not 
prohibit habitat modification that indirectly kills or injures a 
covered species, affords no habitat protection when the birds are not 
present, and provides only very limited mechanisms for addressing 
chronic threats to covered species, such as nonnative predators.
    The Lacey Act authorizes the Secretary of the Interior to list as 
``injurious'' any wildlife deemed to be harmful to human beings, to the 
interests of agriculture, horticulture, forestry, or to wildlife or the 
wildlife resources of the United States. The Service inspects arriving 
wildlife products, and enforces the injurious wildlife provisions of 
the Lacey Act. Among other provisions, the Lacey Act prohibits 
importation of injurious mammals, birds, fish, amphibians and reptiles 
listed in the Lacey Act or which are declared by the Secretary of the 
Interior through regulation to be injurious to human beings, 
agriculture, horticulture, forestry or wildlife; however, these 
prohibitions do not apply to plants and organisms other than those 
listed or designated by regulations as injurious wildlife (USFWS 2016, 
in litt.). The current list of animals considered as ``injurious 
wildlife'' is provided at 50 CFR part 16. The list includes fruit bats, 
mongoose, European rabbits and hares, wild dogs, rats or mice, raccoon 
dogs, brushtail possum (the species introduced to New Zealand), 
starlings, house sparrows, mynas, dioch, Java sparrows, red whiskered 
bulbuls, walking catfish, mitten crabs, zebra mussels, fish in the 
snakehead family, four species of carp, salmonids, brown tree snakes, 
and pythons (USFWS 2012, 50 CFR part 16). The Lacey Act requires 
declarations of importation only for formal entries (i.e., commercial 
shipments), but not for informal entries (i.e., personal shipments) 
(USDA-APHIS 2015, in litt.). Additionally, a species may still be 
imported or transported across State lines while it is being considered 
for addition to the list of ``injurious wildlife'' (Fowler et al. 2007, 
pp. 357-358). Mongoose, rabbits, rats, mice, house sparrows, mynas, 
Java sparrows, and red whiskered bulbuls are already established in 
Hawaii, are difficult and costly to control, or are not controlled at 
all. None of the aquatic species on the injurious species list is 
present in Hawaii.
    The continued spread of injurious species indicates the limited 
effectiveness of the Lacey Act in preventing introductions of such 
species to the State (Fowler et al. 2007, p. 357). As an example of 
continued introduction of nonnative species in Hawaii, opossums 
(Didelphis virginiana) have been found in shipping containers on Oahu 
in 2005, 2011, and most recently in 2015 (Star Advertiser 2015b, in 
litt). This species is not included on the Lacey Act's list of 
injurious wildlife. Opossums are omnivorous scavengers, consuming a 
wide variety of food items including insects, small vertebrates, bird 
eggs, slugs and snails, and fruits and berries (Oregon Department of 
Fish and Wildlife 2015, in litt.; Clermont College 2015, in litt.). If 
opossums were to establish wild populations in Hawaii, their predation 
on ground-nesting seabirds, insects, and snails could negatively affect 
the band-rumped storm petrel, the orangeblack Hawaiian damselfly, one 
or more of the 39 plants, and endangered snail species.
    The Department of Agriculture-Animal and Plant Health Inspection 
Service-Plant Protection and Quarantine (USDA-APHIS-PPQ) inspects 
propagative plant material, provides identification services for 
arriving plants and animals, conducts pest risk assessments, and other 
related matters, but focuses on pests of wide concern across the United 
States (HDOA 2009, in litt.). The USDA-APHIS-PPQ's Restricted Plants 
List restricts the import of a limited number of noxious weeds. If not 
specifically prohibited, current Federal regulations allow plants to be 
imported from international ports with some restrictions. The Federal 
Noxious Weed List (see 7 CFR 360.200; USDA 2012) includes more than 100 
of the many globally known invasive plants, 21 of which are already 
established in Hawaii. Plants on the list do not require a weed risk 
assessment prior to importation from international ports.
    A local organization (under the Institute of Pacific Islands 
Forestry-USFS), Pacific Island Ecosystems at Risk (PIER) has compiled a 
complete list of those plant species that are a threat to ecosystems in 
the Pacific Islands, and those that are potentially invasive and are 
present in the Pacific Region, along with a weed-risk assessment for 
most of them (http://www.hear.org/pier/, last updated May 15, 2013). 
There are over 1,000 plant species on the PIER list, and, in our 
proposed rule (80 FR 58820, September 30, 2015; see pp. 58869-58881), 
we discuss 114 of these invasive plants that currently have the 
greatest impacts on the 49 species. In addition, the USDA-APHIS-PPQ is 
in the process of finalizing rules to include a weed risk assessment 
for plants newly imported to Hawaii (and that may not yet appear on the 
PIER list).
    Water extraction is a threat to the plant species (Cyclosorus 
boydiae), the orangeblack Hawaiian damselfly, and the anchialine pool 
shrimp Procaris hawaiana. The U.S. Army Corps of Engineers (COE) has 
regulatory jurisdiction under section 404 of the Clean Water Act (33 
U.S.C. 1251 et seq.) for activities that would result in a discharge of 
dredged or fill material into waters of the United States; however, in 
issuing permits for such activities, the COE does not typically 
establish minimal instream flow standards (IFS) as a matter of policy 
(U.S. Army 1985, RGL 85-6).
State Regulatory Mechanisms
    The Hawaii Endangered Species law (HRS 195D) prohibits take, 
possession, sale, transport or commerce in designated species. This 
includes aquatic as well as terrestrial animal species, and terrestrial 
plants (not freshwater or marine plants). This State law also 
recognizes as endangered or threatened those species determined to be 
endangered or threatened pursuant to the Act. This Hawaii law states 
that a threatened species (under the Act) or an indigenous species may 
be determined to be an endangered species under State law. Protection 
of these species is under the authority of Hawaii's Department of Land 
and Natural Resources, and under administrative rule (HAR 13-5-2-Ch 
124). Although this State law can address threats such as habitat 
modification, light attraction, and line collision through HCPs that 
address the effects of individual projects or programs, it does not 
address the pervasive threats to the 49 species posed by nonnative 
predators and feral ungulates.
    The importation of nondomestic animals, including aquatic species 
and microorganisms, is regulated by a permit system (HAR 4-71) managed 
through the Hawaii Department of Agriculture (HDOA). In addition, 
transport of plants and plant parts between Hawaiian Islands is managed 
through the HDOA (HAR 4-6-72), but only for those species that have 
already been determined to be pest species. The objective of these 
administrative rules is to implement the requirements of HRS 11-3-150A. 
The list of nondomestic

[[Page 67845]]

animals (HAR 4-71) is defined by providing a list of those animals 
considered domestic: dog, cat, horse, ass (burro or donkey), cattle and 
beefalo, sheep, goat, swine, pot-bellied pig, alpaca, llama, rabbit, 
chicken, turkeys, pigeons, ducks, geese, and their hybrids. Examples of 
regulated pests are listed at HAR 4-72, including nonnative insects, 
slugs, insects, plants, and plant viruses that can damage or harm 
commercial crops. The HDOA's Board of Agriculture maintains lists of 
nondomestic animals that are prohibited from entry, animals without 
entry restrictions, or those that require a permit for import and 
possession. The HDOA requires a permit to import animals, and 
conditionally approves entry for individual possession, businesses 
(e.g., pets and resale trade, retail sales, and food consumption), or 
institutions. However, habitat destruction and modification, and 
predation, by feral domestic animals (such as goat and cats, 
respectively) are two primary threats to the 49 species not addressed 
by the HDOA prohibitions and permitting process.
    The State of Hawaii allows importation of most plant taxa, with 
limited exceptions, if shipped from domestic ports (HLRB 2002; USDA-
APHIS-PPQ 2010; CGAPS 2009). Hawaii's plant import rules (HAR 4-70) 
regulate the importation of 13 plant taxa of economic interest, 
including pineapple, sugarcane, palms, and pines. Certain horticultural 
crops (e.g., orchids) may require import permits and have pre-entry 
requirements that include treatment or quarantine or both either prior 
to or following entry into the State.
    Critical biosecurity gaps include inadequate staffing, facilities, 
and equipment for Federal and State inspectors devoted to invasive 
species interdiction (HLRB 2002; USDA-APHIS-PPQ 2010; CGAPS 2009). In 
recognition of these gaps, a State law has been passed that allows the 
HDOA to collect fees for quarantine inspection of freight entering 
Hawaii (Act 36 (2011) HRS 150A-5.3). Legislation enacted in 2011 (H.B. 
1568) requires commercial harbors and airports to provide biosecurity 
and inspection facilities to facilitate the movement of cargo through 
ports. This bill is a significant step toward optimizing biosecurity 
capacity in the State, but only time will determine its effectiveness 
(Act 2011 (11)). We believe there is a need for all civilian and 
military port and airport operations and construction to make 
biosecurity concerns a core objective.
    As an example, the threat of introduction of nonnative species is 
evidenced by the 2013 discovery of presence of the nonnative coconut 
rhinoceros beetle (CRB, Oryctes rhinoceros), which quickly spread from 
its known point of introduction across the island of Oahu in a few 
months (HISC 2014, in litt. + maps; HDOA 2014, in litt.). The CRB is 
considered one of the most damaging insects to coconut and African oil 
palm trees in southern and southeast Asia, as well as the western 
Pacific Islands, and could devastate populations of native and 
nonnative palm trees in Hawaii (Giblin-Davis 2001 in HISC 2014, in 
litt.). A rapid response team headed by HDOA (with USDA, University of 
Hawaii, U.S. Navy, and other partners) has set up pheromone traps 
island-wide, and capture and range delineation efforts are ongoing, 
along with funding for support services to control the CRB (HISC 2014, 
in litt.). However, existing regulatory mechanisms did not prevent the 
introduction of this pest species into Hawaii. These regulatory 
mechanisms, such as HAR 71A and HAR 71C (regarding release of nonnative 
species) and H.B. 1568 (pertaining to State law to enforce biosecurity 
measures), therefore, are inadequate to prevent introduction of 
nonnative species. Efforts to control the CRB continue, but whether 
those efforts will be effective is unknown at this time.
    Hawaii's noxious weed law was enacted to prevent the introduction 
and transport of noxious weeds or their seeds or vegetative 
reproductive parts into any area that is reasonably free of those 
noxious weeds (HRS 11-3-152), and it states that the Hawaii Department 
of Agriculture shall take necessary measures to restrict the 
introduction and establishment of specific noxious weeds in such areas. 
Hawaii administrative rule (HAR 4-6-68) further defines the term 
``noxious weed'' and the criteria for designation of plants as such and 
criteria for designation of a noxious weed ``free area.'' The list of 
noxious weeds, compiled in 1992, consists of 79 plant species, 49 of 
which were not yet established in Hawaii. Since that time, 20 species 
on the list have become established in Hawaii: Bocconia frutescens 
(plume poppy), Cereus uruguayanus (spiny tree cactus), Chromolaena 
odorata (siamweed), Cortaderia jubata (Andean pampas grass), Cytisus 
scoparius (Scotch broom), Hyptis suaveolens (wild spikenard), Malachra 
alceifolia (malachra), Melastoma spp. (melastoma; two species now 
established, M. candidum and M. sanguineum), Miconia spp. (miconia; M. 
calvescens now on four islands), Passiflora pulchella (wingleaf 
passionfruit), Piper aduncum (spiked pepper), Prosopis juliflora 
(algarroba), Pueraria phaseoloides (tropical kudzu), Rubus sieboldii 
(Molucca raspberry), Senecio madagascariensis (fireweed), Solanum 
elaeagnifolium (silverleaf nightshade), Solanum robustum (shrubby 
nightshade), Solanum torvum (turkeyberry), and Spartium junceum 
(Spanish broom). Thus, despite State legislation and regulations 
addressing invasive and noxious species, their entry into the State 
continues.
    The State manages the use of surface and ground water resources 
through the Commission on Water Resource Management (CWRM), as mandated 
by the State Water Code (HRS 174, HAR 13-168-196). The State considers 
all natural flowing surface water (streams, springs, seeps) as State 
property (HRS 174C), and the DLNR has management responsibility for the 
aquatic organisms in these waters (HRS Annotated 1988, Title 12 1992 
Cumulative Supplement). In Hawaii, instream flow is regulated by 
establishing standards on a stream-by-stream basis. The standards 
currently in effect represent flow conditions in 1987 (status quo), the 
year the administrative rules (State Water Code) were adopted (HRS 
174C-71, HAR title 13, ch 169-44-49). Because of the complexity of 
establishing instream flow standards (IFS) for 376 perennial streams, 
the Commission retains interim IFS at status quo levels as set in 1987 
(CWRM 2009, in litt.; CRWM 2014, in litt). In the Waiahole Ditch 
Combined Contested Hearing on Oahu (1991-2006), the Hawaii Supreme 
Court determined that status quo interim IFS were not adequate, and 
required the Commission to reassess the IFS for Waiahole Ditch and 
other streams Statewide (Cast No. CCH-OA95-1; Maui Now.com, in litt.). 
The Commission has been gathering information to fulfill this 
requirement since 2006, but no IFS recommendations have been made to 
date (CWRM 2008, p. 3-153; CRWM 2014, in litt.).
    In addition, in the Hawaii Stream Assessment Report (HDLNR 1990; 
prepared in coordination with the National Park Service (NPS)), the 
Commission identified high-quality rivers and streams (and portions 
thereof) that may be placed within a Wild and Scenic River System. This 
report ranked 70 out of 176 analyzed rivers and streams as outstanding 
high-quality habitat, and recommended that streams meeting certain 
criteria be protected from further development (HDLNR 1990, pp. xxi-
xxiv). However, there is no mechanism within the State's Water Code to 
designate and set aside these

[[Page 67846]]

streams, or to identify and protect stream habitat. Accordingly, 
damselfly populations (including the orangeblack Hawaiian damselfly) 
are at risk of continued loss of habitat.
    Hawaii's DLNR Division of Aquatic Resources (DAR) is responsible 
for conserving, protecting, and enhancing the State's renewable 
resources of aquatic life and habitat (HDAR 2015, in litt.; DLNR-DAR 
2003, p. 3-13). The release of live nonnative fish or other nonnative 
aquatic life into any waters of the State is prohibited (HRS 187A-6.5), 
and DAR has the authority to seize, confiscate, or destroy as a public 
nuisance any of these prohibited species (HRS 187A-2; HRS 187A-6.5). 
However, the DAR recognizes that nonnative species continue to enter 
the State and move between islands (DLNR-DAR 2003, p. 2-12).
    There are no existing regulatory mechanisms that specifically 
protect Hawaii's anchialine pools (habitat for the anchialine pool 
shrimp Procaris hawaiana and the orangeblack Hawaiian damselfly); 
however 2 anchialine pools on Maui and 12 anchialine pool on Hawaii 
Island are located within State NARs. State NARs were created to 
preserve and protect samples of Hawaii's ecosystems and geological 
formations, and are monitored. Designation as a State NAR prohibits the 
removal of any native organism and the disturbance of pools (HAR 13-
209-4). Though signs are posted at NARs to notify the public that 
anchialine pools are off-limits to bathers, off-road vehicle use around 
the pools, and other activities, the anchialine pools are in remote 
areas and the State does not have sufficient funding to effectively 
enforce those restrictions.
    Nonnative ungulates pose threats of habitat destruction and 
modification and predation (herbivory) to 37 of the 39 plants species, 
and of habitat destruction and modification to 9 of the 10 animals in 
this rule (see Table 2). The State provides opportunities to the public 
to hunt game mammals (ungulates including feral pigs and goats, axis 
deer, black-tailed deer, and mouflon, sheep and mouflon-sheep hybrids) 
on 91 State-designated public hunting areas (within 45 units) on all 
the main Hawaiian Islands except Kahoolawe and Niihau (HAR-DLNR 2010, 
13-123; HDLNR 2009b, pp. 25-30). On Niihau, public hunting 
opportunities are managed by a private business (Niihau Safaris Inc. 
2015, in litt.). The State's management objectives for game mammals 
range from maximizing public hunting opportunities (i.e., ``sustained 
yield'') in some areas to removal by State staff or their designees 
from other areas (HAR-DLNR 2010, p. 12-123; HDLNR 2009b, pp. 25-30). 
Thirty of the 39 plant species, the band-rumped storm-petrel, the 
orangeblack Hawaiian damselfly, and three yellow-faced bees have 
populations in areas where habitat is used for game enhancement and 
game populations are maintained at levels for public hunting (Holmes 
and Joyce 2009, 4 pp.; HAR-DLNR 2010, p. 12-123; HBMP 2010). Public 
hunting areas are defined, but not fenced, and game mammals have 
unrestricted access to most areas across the landscape, regardless of 
underlying land-use designation. While fences are sometimes built to 
protect areas from game mammals, the current number and locations of 
fences are not adequate to prevent habitat destruction and modification 
for 46 of the 49 species. One additional State regulation (HRS 12-183D) 
was enacted recently to prevent intra-island transport of axis deer 
only. There are no other State regulations than those described above 
that address protection of the species and their habitat from feral 
ungulates.
    Under statutory authorities provided by HRS title 12, subtitle 4, 
183D Wildlife, the DLNR maintains HAR ch 124 (2014), which defines 
``injurious wildlife'' as ``any species or subspecies of animal except 
game birds and game mammals which is known to be harmful to 
agriculture, aquaculture, indigenous wildlife or plants, or constitute 
a nuisance or health hazard and is listed in the exhibit entitled 
Exhibit 5, Chapter 13-124, List of Species of Injurious Wildlife in 
Hawaii.'' Under HAR 13-124-3(d), ``no person shall, or attempt to: (1) 
Release injurious wildlife into the wild; (2) Transport them to island 
or locations within the State where they are not already established 
and living in a wild state; and (3) Export any such species or the dead 
body or parts thereof, from the State. Permits for these actions may be 
considered on a case-by-case basis.'' This law was enacted after an 
incident in 2012 of interisland transport of axis deer (for hunting 
purposes) to Hawaii Island, which was without axis deer previously.
Local Mechanisms
    Local biologists and botanists recognize the urgent need to address 
the importation of nonnative, invasive species, and are working to 
implement actions required; however, their funding is not guaranteed. 
We discuss the four primary groups below.
    In 1995, the Coordinating Group on Alien Pest Species (CGAPS), a 
partnership of managers from Federal, State, County, and private 
agencies and organizations involved in invasive species work in Hawaii, 
was formed in an effort to coordinate policy and funding decisions, 
improve communication, increase collaboration, and promote public 
awareness (CGAPS 2009). This group facilitated the formation of the 
Hawaii Invasive Species Council (HISC), which was created by 
gubernatorial executive order in 2002, to coordinate local initiatives 
for the prevention of introduction and for control of invasive species 
by providing policy-level direction and planning for the State 
departments responsible for invasive species issues (CGAPS 2009). In 
2003, the Governor signed into law Act 85, which conveys statutory 
authority to the HISC to continue to coordinate approaches among the 
various State and Federal agencies, and international and local 
initiatives, for the prevention and control of invasive species (HDLNR 
2003, p. 3-15; HISC 2009, in litt.; HRS 194-2). Some of the recent 
priorities for the HISC include interagency efforts to control 
nonnative species such as the plants Miconia calvescens (miconia) and 
Cortaderia spp. (pampas grass), coqui frogs (Eleutherodactylus coqui), 
the CRB, and ants (HISC 2009, 2013, and 2015, in litt.; OISC 2015, in 
litt.; http://dlnr.hawaii.gov/hisc). Budget cuts beginning in 2009 
restricted State funding support of HISC, resulting in a serious 
setback of conservation efforts (HISC 2009; HISC 2015).
    The Hawaii Association of Watershed Partnerships comprises 11 
separate partnerships on six Hawaiian Islands. These partnerships are 
voluntary alliances of public and private landowners, ``committed to 
the common value of protecting forested watersheds for water recharge, 
conservation, and other ecosystem services through collaborative 
management'' (http://hawp.org/partnerships). Funding for the 
partnerships is provided through a variety of State and Federal 
sources, public and private grants, and in-kind services provided by 
the partners and volunteers. However, budget cuts of 40 to 60 percent 
have occurred since 2009, with serious impacts to the positive 
contributions of these groups to implementing the laws and rules that 
can protect and control threats to one or more of the 49 species.
    Another group was established to coordinate State and Federal 
agency efforts in the protection of rare endemic plant species in the 
State and Guam and the Commonwealth of the Northern Mariana Islands 
(CNMI), Hawaii's Plant Extinction Prevention Program (PEPP). This 
program identifies and supports the ``rarest of the rare'' plant 
species in

[[Page 67847]]

need of immediate conservation efforts. The goal of PEPP is to prevent 
the extinction of plant species that have fewer than 50 individuals 
remaining in the wild.
    These four partnerships, CGAPS, HISC, HAWP, and PEPP, are stop-gap 
measures that attempt to address issues that are not resolved by 
individual State and Federal agencies. The capacity of State and 
Federal agencies and their nongovernmental partners in Hawaii to 
provide sufficient inspection services, enforce regulations, and 
mitigate or monitor the effects of nonnative species is limited due to 
the large number of taxa currently causing damage (CGAPS 2009). Many 
invasive, nonnative species established in Hawaii currently have 
limited but expanding ranges, and they cause considerable concern. 
Resources available to reduce the spread of these species and counter 
their negative effects are limited. Control efforts are focused on a 
few invasive species that cause significant economic or environmental 
damage to commercial crops and public and private lands. Comprehensive 
control of an array of nonnative species and management to reduce 
disturbance regimes that favor them remain limited in scope. If current 
levels of funding and regulatory support for control of nonnative 
species are maintained, the Service expects existing programs to 
continue to exclude, or, on a very limited basis, control these species 
only in the highest priority areas. Threats from established nonnative 
species are ongoing and are expected to continue into the future.
    As an example of current and future challenges for biosecurity in 
Hawaii, a strain of the plant rust Puccinia psidii (ohia rust) was 
first noticed affecting stands of the nonnative rose apple (Syzygium 
jambos) and the native Metrosideros (ohia) seedlings (both in the plant 
family Myrtaceae) in nurseries in 2005. Metrosideros spp. are a 
dominant component of native forest in Hawaii, providing watershed 
protection and habitat for native wildlife. The Hawaii Board of 
Agriculture recommended a quarantine rule be passed against the 
introduction of all new strains of ohia rust (through transmission on 
Myrtaceae species used in the horticulture trade), to prevent 
destruction of ohia forests and the risk to agriculture and 
horticulture industries (Environment Hawaii 2015, pp. 1,8-9). However, 
the rule remains in draft form and under review (HDOA 2015, in litt.), 
accessed August 1, 2016). An example of the failure of biosecurity in 
Hawaii and the speed with which a new invader can cause widespread 
destruction is the introduction of the gall wasp Quadrastichus 
erythrinae. This highly destructive wasp was detected in Taiwan in 
2003. Despite evidence of its rapid advance across the Pacific Basin 
with concomitant loss of populations of native and ornamental trees in 
the genus Erythrina, this wasp arrived and naturalized in Hawaii in 
2005 (Gramling 2005, p. 1). The wasp dispersed throughout the main 
Hawaiian Islands within weeks, and as a result, the endemic wiliwili, 
Erythrina sandwicensis, was quickly devastated (Rubinoff et al. 2010, 
p. 24).
    On the basis of the information provided above, existing State and 
Federal regulatory mechanisms are not preventing the introduction of 
nonnative species and pathogens into Hawaii via interstate and 
international pathways, or via intrastate movement of nonnative species 
between islands and watersheds. Nor do these mechanisms address the 
current threats posed to the 49 species by established nonnative 
species. Therefore, State and Federal regulatory mechanisms do not 
adequately protect the 49 species, or their habitats, from the threat 
of new introductions of nonnative species or the continued expansion of 
nonnative species populations on and between islands and watersheds. 
The impacts from these threats are ongoing and are expected to continue 
into the future.

Summary of Factor D

    Existing State and Federal regulatory mechanisms are not preventing 
the introduction into Hawaii of nonnative species or controlling the 
spread of nonnative species between islands and watersheds, or 
establishing or maintaining instream flow standards. Water extraction 
is a threat to one plant, Cyclosorus boydiae, to the orangeblack 
Hawaiian damselfly, and the anchialine pool shrimp (Factor A). Habitat-
altering ungulates and nonnative plants (Factor A) pose major ongoing 
threats to all 49 species addressed in this rule. Thirty-five of the 39 
plants and all 10 animals experience the threat of predation or 
herbivory by nonnative animals (Factor C). The seven yellow-faced bees 
and the orangeblack Hawaiian damselfly experience competition with 
nonnative insect species (Factor E). The intentional or inadvertent 
introduction of nonnative species and their spread within Hawaii, and 
the damage caused by existing populations of nonnative species, 
continues despite existing regulatory mechanisms designed to address 
this threat (in all its manifestations described above) to all 49 
species. No existing regulatory mechanisms effectively address 
maintenance of instream flow, springs, seeps, and anchialine pools or 
address the threats of water extraction and stream modification for the 
anchialine pool shrimp and orangeblack Hawaiian damselfly. All of these 
threats are ongoing and are expected to continue into the future; 
therefore, we conclude the existing regulatory mechanisms are 
inadequate to reduce or eliminate these threats to the 49 species.

Factor E. Other Natural or Manmade Factors Affecting Their Continued 
Existence

    Other factors that pose a threat to some or all of the 49 species 
include artificial lighting and structures, ingestion of marine debris 
and plastics, dumping of trash and the introduction of nonnative fish 
into anchialine pools, recreational use of and sedimentation of 
anchialine pools, low numbers of individuals and populations, 
hybridization, lack of or declining regeneration, competition with 
nonnative invertebrates, and loss of host plants. Each threat is 
discussed in detail below, along with identification of which species 
are affected by these threats. The impacts of climate change to these 
species and their ecosystems have the potential to exacerbate all of 
the threats described below.
Artificial Lighting and Structures Effects on the Band-Rumped Storm-
Petrel
    Artificial lights are a well-documented threat to night-flying 
seabirds such as petrels, shearwaters, and storm-petrels (Croxall et 
al. 2012, p. 28). A significant impact to the band-rumped storm-petrel 
results from the effects of artificial (night) lighting on fledglings 
and, to a lesser degree, on adults. Lighting of roadways, resorts, 
ballparks, residences, and other development, as well as on cruise 
ships out at sea, both attracts and confuses night-flying storm-petrels 
and other seabirds (Harrison et al. 1990, p. 49; Reed et al. 1985, p. 
377; Telfer et al. 1987, pp. 412-413; Banko et al. 1991, p. 651). 
Storm-petrels use the night sky to navigate and possibly to search for 
bioluminescent marine prey (Telfer et al. 1987, p. 412). Artificial 
lights can attract night-flying seabirds and result in ``fallout'' 
(birds becoming grounded) when birds become confused and exhaust 
themselves circling around lights or collide with buildings, 
powerlines, or other structures. Once grounded, these birds are at risk 
of predation or being run over by cars (Reed et al. 1985, p. 377; 
Telfer et al. 1987, p. 410). Vulnerability to artificial lighting 
varies among species and age classes and is influenced by season, lunar 
phase, and weather conditions.

[[Page 67848]]

Young birds are more likely than adults to become disoriented by 
manmade light sources (Montevecchi 2006, pp. 101-102). Over a 12-year 
period (1978 to 1990), Harrison et al. (1990, p. 49) reported that 15 
band-rumped storm-petrels, 13 of which were fledglings, were recovered 
on Kauai as a result of fallout. Between 1991 and 2008, another 21 
band-rumped storm-petrels were collected on Kauai (Holmes and Joyce 
2009, p. 2). Currently, fallout due to light pollution is recorded 
almost annually on Kauai (Kauai Island Utility Cooperative 2015, in 
litt.). In addition, band-rumped storm-petrels may be attracted to 
lights at sea and collide with boats; this source of injury and 
mortality has been documented for other storm-petrel species (e.g., 
Black 2005, p. 67). The actual extent of such loss and its overall 
impact on the band-rumped storm-petrel population in Hawaii is not 
known because scavengers often prevent the detection or recovery of the 
dead or injured birds, and the scattered and remote nesting areas of 
this species preclude demographic monitoring to quantify the impacts of 
this source of mortality. However, given the probable small total 
number of band-rumped storm-petrels nesting in Hawaii and the threats 
they face from nonnative predators such as rats and cats, any 
additional mortalities are likely to have negative impacts on the 
population.
    A related threat to seabirds in Hawaii, including the band-rumped 
storm-petrel, is collision with structures such as communication towers 
and utility lines (Cooper and Day 1998, pp. 16-18; Podolsky et al. 
1998, pp. 23-33). Several seabird species that nest in the Hawaiian 
Islands, including the Newell's Townsend's shearwater (federally listed 
as threatened), the Hawaiian petrel (federally listed as endangered), 
and the band-rumped storm-petrel, regularly commute between inland nest 
sites and the ocean. These birds commute at night, when manmade 
obstacles such as communication towers and utility lines are difficult 
to see. They strike these unseen obstacles, and often die or are 
injured as a result. An early study estimated that 340 Newell's 
Townsend's shearwater fledglings die annually on the eastern and 
southern shores of Kauai as a result of collisions (Podolsky et al. 
1998, p. 30); however, current analyses for all seabirds on Kauai 
indicate the number of collisions with utility lines is much higher, 
over 2,000 strikes per year (using site-specific strike rates), but 
numbers of birds that hit utility lines is site-dependent (Travers et 
al. 2014, pp. 19, 29-37; Service 2015, in litt., Slide 21). Absent 
preventative measures, the impact to the band-rumped storm-petrel from 
artificial lighting and collisions with structures is expected to 
increase as the human population grows and development continues on the 
Hawaiian Islands.
Other Human Effects on the Band-Rumped Storm-Petrel
    Other factors that may negatively affect the band-rumped storm-
petrel include commercial fisheries interactions and alteration of prey 
base upon which the band-rumped storm-petrel depends. Commercial 
fisheries are known to adversely affect certain species of seabirds 
(Furness 2003, pp. 33-35). Seabirds are caught in fishing gear and 
suffer mortality by drowning. Seabirds also come into contact with and 
consume deep-water fish to which they would not normally have access, 
and can become contaminated by high levels of heavy metals in these 
fish (Furness 2003, p. 34). Commercial fisheries also cause depletion 
of small pelagic schooling fish, a significant food source for seabirds 
(Furness 2003, p. 34). The potential effects of these activities have 
not been assessed for the band-rumped storm-petrel; however, storm-
petrels have been observed to attend fishing vessels (e.g., Yorio and 
Caille 1999, p. 21; Yeh et al. 2013, p. 146), and the effects of 
fishery interactions on this species are likely to be similar to those 
documented for other seabird species in the same order 
(Procellariiformes or tubenoses; albatrosses and petrels). In addition, 
plastics and other debris in the open ocean can be ingested 
accidentally by band-rumped storm-petrels and pose a threat to this 
species (Ryan 1989, p. 629). Although a study by Moser and Lee (1992, 
p. 85) found no evidence of plastic ingestion by band-rumped storm-
petrels, the sample size was very small (4 individuals) and inadequate 
to conclusively determine whether this species suffers from ingestion 
of plastics. Other species of storm-petrels have been documented to 
ingest plastics (Bond and Lavers 2013, p. 3; Ryan 2015, p. 20; Wilcox 
et al. 2015, p. 3), and band-rumped storm-petrels are likely to do so 
also. Many closely related seabirds do suffer ill effects from 
ingestion of plastics, including physical damage to the digestive 
tract, effects of toxins carried on the plastics, and resulting 
mortality (Ryan 1989, pp. 623-629; Tanaka et al. 2013, pp. 2-3).
Effects of Recreational Use, and Dumping of Trash and Nonnative Fish 
Into Anchialine Pools
    On Hawaii Island, it is estimated that up to 90 percent of the 
anchialine pools have been destroyed or altered by human activities 
(Brock 2004, p. i). The more recent human modification of anchialine 
pools includes bulldozing and filling of pools (Bailey-Brock and Brock 
1993, p. 354). Trampling damage from use of anchialine pools for 
swimming and bathing has been documented (Brock 2004, pp. 13-17). 
Historically, pools were sometimes modified with stone walls and steps 
by Hawaiians who used them for bathing. There are no documented 
negative impacts to pond biota as a result of this activity; however, 
introduction of soaps and shampoos is of concern (Brock 2004, p. 15).
    The depressional features of anchialine pools make them susceptible 
to dumping. Refuse found in degraded pools and pools that have been 
filled with rubble have been dated to about 100 years old, and the 
practice of dumping trash into pools continues today (Brock 2004, p. 
15). For example, Lua O Palahemo (Hawaii Island) is located 
approximately 560 ft (170 m) from a sandy beach frequented by visitors 
who fish and swim. There are multiple dirt roads that surround the pool 
making it highly accessible. Plastic bags, paper, fishing line, water 
bottles, soda cans, radios, barbed wire, and a bicycle have been 
documented within the pool (Kensley and Williams 1986, pp. 417-418; 
Bozanic 2004, p. 1; Wada 2010, in litt.). Introduction of trash 
involving chemical contamination into anchialine pools, as has been 
observed elsewhere on Hawaii Island (Brock 2004, pp. 15-16), 
drastically affects water quality and results in local extirpation of 
anchialine pool shrimp species.
    Anchialine pool habitats can gradually disappear when wind-blown 
materials accumulate through a process known as senescence (Maciolek 
and Brock 1974, p. 3; Brock 2004, pp. 11, 35-36). Conditions promoting 
rapid senescence include an increased amount of sediment deposition, 
good exposure to light, shallowness, and a weak connection with the 
water table, resulting in sediment and detritus accumulating within the 
pool instead of being flushed away with tidal exchanges and ground 
water flow (Maciolek and Brock 1974, p. 3; Brock 2004, pp. 11, 35-36). 
Sedimentation degrades the health of Hawaiian anchialine pool systems 
in which the anchialine pool

[[Page 67849]]

shrimp, Procaris hawaiana, and the orangeblack Hawaiian damselfly 
occur.
    In general, the accidental or intentional introduction and spread 
of nonnative fishes (bait and aquarium fish) is considered the greatest 
threat to anchialine pools in Hawaii (Brock 2004, p. 16). Maciolek 
(1983, p. 612) found that the abundance of shrimp in a given population 
is indirectly related to predation by fish. Lua O Palahemo is 
vulnerable to the intentional dumping of nonnative bait and aquarium 
fishes because the area is accessible to vehicles and human traffic, 
although due to its remote location, it is not monitored regularly by 
State agency staff. The release of mosquito fish and tilapia into the 
Waikoloa Anchialine Pond Preserve (WAAPA) at Waikoloa, North Kona, 
Hawaii, resulted in the infestation of all ponds within an 
approximately 3-ha (8-ac) area, which represented about two-thirds of 
the WAAPA. Within 6 months, all native hypogeal (subterranean) shrimp 
species disappeared (Brock 2004, p. iii). Nonnative fish drive 
anchialine species out of the lighted, higher productivity portion of 
the pools, into the surrounding water table bed rock, subsequently 
leading to the decimation of the benthic community structure of the 
pool (Brock 2004, p. iii). In addition, nonnative fish prey on and 
exclude native hypogeal shrimp that are usually a dominant and 
essential faunal component of anchialine pool ecosystems (Brock 2004, 
p. 16; Bailey-Brock and Brock 1993, pp. 338-355). The loss of the 
shrimp changes ecological succession by reducing herbivory of 
macroalgae, allowing an overgrowth and change of pool flora. This 
overgrowth changes the system from clear, well-flushed basins to a 
system characterized by heavy sedimentation and poor water exchange, 
which increases the rate of pool senescence (Brock 2004, p. 16). 
Nonnative fishes, unlike native fishes, are able to complete their life 
cycles within anchialine pool habitats, and remain a permanent 
detrimental presence in all pools in which they are introduced (Brock 
2004, p. 16). In Hawaii, the most frequently introduced fishes are 
those in the Poeciliidae family (freshwater fish which bear live young) 
and include mosquito fish, various mollies (Poecilia spp.), and 
tilapia, that prey on and exclude the herbivorous aquatic animals upon 
which Procaris hawaiana feeds. More than 90 percent of the 600 to 700 
anchialine habitats in the State of Hawaii were degraded between 1974 
and 2004, due to the introduction of nonnative fishes (Brock 2004, p. 
24). According to Brock (2012, pers. comm.), sometime in the 1980s, 
nonnative fishes were introduced into Lua O Palahemo. It is our 
understanding that the fish were subsequently removed by illegal use of 
a fish poison (EPA 2007. pp. 22-23; Finlayson et al. 2010, p. 2), and 
to our knowledge the pool is currently free of nonnative fish; however, 
nonnative fish could be introduced into the pool at any time.
Low Numbers of Individuals and Populations
    Species that undergo significant habitat loss and degradation, and 
other threats resulting in population decline, range reduction, and 
fragmentation, are inherently highly vulnerable to extinction because 
of localized catastrophes such as hurricanes, floods, rockfalls, 
landslides, treefalls, and drought; climate change impacts; demographic 
stochasticity; and the increased risk of genetic bottlenecks and 
inbreeding depression (Gilpin and Soul[eacute] 1986, pp. 24-34). These 
conditions are easily reached by island species and especially species 
endemic to single islands that face numerous threats such as those 
described above (Pimm et al. 1988, p. 757; Mangel and Tier 1994, p. 
607). Populations that have been diminished and isolated by habitat 
loss, predation, and other threats exhibit reduced levels of genetic 
variability, which diminishes the species' capacity to adapt to 
environmental changes, thereby lessening the probability of long-term 
persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 
361). Very small, isolated plant populations are also more susceptible 
to reduced reproductive vigor due to ineffective pollination, 
inbreeding depression, and hybridization. This is particularly true for 
functionally unisexual plants like Myrsine fosbergii of which some 
individuals are functionally dioecious (male and female flowers occur 
on separate individuals). Isolated individuals have difficulty in 
achieving natural pollen exchange, which decreases the production of 
viable seed. Populations are also affected by demographic 
stochasticity, through which populations are skewed toward either male 
or female individuals by chance. The problems associated with small 
occurrence size and vulnerability to random demographic fluctuations or 
natural catastrophes are further magnified by interactions with other 
threats, such as those discussed above (see Factor A and Factor C, 
above).
Plants
    The effects resulting from having a reduced number of individuals 
and occurrences poses a threat to all 39 plant species addressed in 
this proposal. We consider the following 19 species to be especially 
vulnerable to extinction due to threats associated with small 
occurrence size or small number of occurrences because:
     The only known occurrences of Cyanea kauaulaensis, 
Labordia lorenciana, Lepidium orbiculare, and Phyllostegia helleri are 
threatened either by landslides, rockfalls, treefalls, drought, or 
erosion, or a combination of these factors.
     Cyanea kauaulaensis, Cyrtandra hematos, Gardenia remyi, 
Joinvillea ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum 
latifolium, and Ochrosia haleakalae numbers are declining, and they 
have not been observed regenerating in the wild.
     The only known wild individuals of Cyperus neokunthianus, 
Kadua haupuensis, and Stenogyne kaalae ssp. sherffii are extirpated; 
there is one remaining individual of Deparia kaalaana, and only three 
individuals of Phyllostegia brevidens. Kadua haupuensis and Stenogyne 
kaalae ssp. sherffii only exist in propagation.
     The following single-island endemic species are known from 
fewer than 250 individuals: Asplenium diellaciniatum, Cyanea 
kauaulaensis, Cyperus neokunthianus, Cyrtandra hematos, Dryopteris 
glabra var. pusilla, Hypolepis hawaiiensis var. mauiensis, Kadua 
haupuensis, Labordia lorenciana, Lepidium orbiculare, Phyllostegia 
helleri, Pritchardia bakeri, Santalum involutum, Stenogyne kaalae ssp. 
sherffii, and Wikstroemia skottsbergiana.
Animals
    Like most native island biota, the Hawaiian population of band-
rumped storm-petrel, the orangeblack Hawaiian damselfly, the anchialine 
pool shrimp (Procaris hawaiana), and the seven yellow-faced bees are 
particularly sensitive to disturbances due to their diminished numbers 
of individuals and populations, and small geographic ranges.
    The band-rumped storm-petrel is represented in Hawaii by very small 
numbers of populations, and perhaps not more than a few hundred 
individuals (Harrison et al. 1990, p. 49). A single human-caused action 
such as establishment of mongoose on Kauai, or a hurricane during the 
breeding season, could cause reproductive failure and the mortality of 
a significant percentage of the remaining individuals. Threats to this 
species include habitat destruction and modification, landslides and 
erosion, hurricanes, predation, injury

[[Page 67850]]

and mortality from lights and structures, and other human factors (such 
as commercial fisheries). The effects of these threats are compounded 
by the current low number of individuals and populations of band-rumped 
storm-petrel.
    We consider the orangeblack Hawaiian damselfly vulnerable to 
extinction due to impacts associated with low numbers of individuals 
and low numbers of populations because this species is known from only 
five of eight Hawaiian Islands (Hawaii Island, Maui, Lanai, Molokai, 
and Oahu) where it occurred historically, and because of the current 
reduction in numbers on each of those five islands. Jordan et al. 
(2007, p. 247) conducted a genetic and comparative phylogeography 
analysis (a study of historical processes responsible for genetic 
divergence within a species) of four Hawaiian Megalagrion species, 
including the orangeblack Hawaiian damselfly. This analysis 
demonstrated Megalagrion populations with low genetic diversity are at 
greater risk of decline and extinction than those with high genetic 
diversity. The authors found that low genetic diversity was observed in 
populations known to be bottlenecked or relictual (groups of animals or 
plants that exist as a remnant of a formerly widely distributed group), 
including populations of the orangeblack Hawaiian damselfly. The 
following threats to this species have all been documented: habitat 
destruction and modification by agriculture and urban development, 
droughts, floods, and hurricanes; predation by nonnative fish, 
backswimmers, bullfrogs, and Jackson's chameleons; competition with 
caddisflies; and water extraction from streams and ponds. The effects 
of these threats are compounded by the current low number of 
individuals and populations of the orangeblack Hawaiian damselfly.
    We consider the anchialine pool shrimp, Procaris hawaiana, 
vulnerable to extinction due to impacts associated with low numbers of 
individuals and populations because this species is known from only 25 
of over 500 assessed anchialine pools on Hawaii Island, and from only 2 
anchialine pools on Maui. Threats to P. hawaiana include: Habitat 
destruction and modification; agriculture and urban development; 
commercial trade; dumping of nonnative fish and trash into anchialine 
pools; recreation; and water extraction. The effects of these threats 
are compounded by the low number of individuals and populations of P. 
hawaiana.
    We consider the seven Hawaiian yellow-faced bees vulnerable to 
extinction due to impacts associated with low numbers of individuals 
and populations. The seven yellow-faced bee species currently occur in 
only 22 locations (with some overlap) on six main Hawaiian Islands, and 
are vulnerable to habitat change and stochastic events due to low 
numbers and occurrences (Daly and Magnacca 2003, p. 3; Magnacca 2007, 
p. 173). Hylaeus anthracinus occurs in 15 total locations from Hawaii 
Island, Maui, Kahoolawe, Molokai, and Oahu, but has not been recently 
observed in its last known location on Lanai; H. assimulans is found in 
5 total locations on Maui, Lanai, and Kahoolawe, but has not been 
observed recently on Oahu or Molokai; H. facilis is found in 2 total 
locations on Oahu and Molokai, but has not been observed recently from 
Lanai and Maui; H. hilaris is known from one population on Molokai and 
has not been observed recently from Lanai and Maui; H. kuakea is known 
from one small area on Oahu; H. longiceps is known from 6 total 
locations on Maui, Lanai, Molokai, and Oahu, but has not been collected 
from several historical locations on those islands; and H. mana is 
known from 3 locations on Oahu. Threats to these species include 
agriculture and urban development; habitat destruction and modification 
by nonnative ungulates, nonnative plants, tsunamis, fire, drought, and 
hurricanes; the effects of climate change on habitat; loss of host 
plants; and predation or competition by nonnative ants, wasps, and 
bees. The effects of these threats are compounded by the low numbers of 
individuals and populations of the seven yellow-faced bees.
Hybridization
    Natural hybridization is a frequent phenomenon in plants and can 
lead to the creation of new species (Orians 2000, p. 1949), or 
sometimes to the decline of species through genetic assimilation or 
``introgression'' (Ellstrand 1992, pp. 77, 81; Levin et al. 1996, pp. 
10-16; Rhymer and Simberloff 1996, p. 85). Hybridization, however, is 
especially problematic for rare species that come into contact with 
species that are abundant or more common (Rhymer and Simberloff 1996, 
p. 83). We consider hybridization to be a threat to Cyrtandra hematos, 
Microlepia strigosa var. mauiensis, and Myrsine fosbergii because it 
will lead to extinction of the original genotypically distinct species 
and varieties, as noted by biologists' observations of occurrences 
(Kawelo 2009, in litt.; Ching Harbin 2015, in litt.; Oppenheimer 2015, 
in litt.;).
No Regeneration
    Lack of, or low levels of, regeneration (reproduction and 
recruitment) in the wild has been observed, and is a threat to seven 
plants: Cyanea kauaulaensis, Cyrtandra hematos, Gardenia remyi, 
Joinvillea ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum 
latifolium, and Ochrosia haleakalae (see Plants under ``Low Numbers of 
Individuals and Populations,'' above). The reasons for this are not 
well understood; however, seed predation by rats and ungulates, 
inbreeding depression, and lack of pollinators are thought to play a 
role (Wagner et al. 1999, p. 1451; Wood et al. 2007, p. 198; HBMP 2010; 
Oppenheimer and Lorence 2012, pp. 20-21; PEPP 2010, p. 73; PEPP 2014, 
p. 34).
Competition With Nonnative Invertebrates
    There are 15 known species of nonnative bees in Hawaii (Snelling 
2003, p. 342), including two nonnative Hylaeus species (Magnacca 2007, 
p. 188). Most nonnative bees inhabit areas dominated by nonnative 
vegetation and do not compete with Hawaiian bees for foraging resources 
(Daly and Magnacca 2003, p. 13); however, the European honey bee (Apis 
mellifera) is an exception. This social species is often very abundant 
in areas with native vegetation and aggressively competes with Hylaeus 
for nectar and pollen (Hopper et al. 1996, p. 9; Daly and Magnacca 
2003, p. 13; Snelling 2003, p. 345). The European honey bee was first 
introduced to the Hawaiian Islands in 1875, and currently inhabits 
areas from sea level to the upper tree line boundary (Howarth 1985, p. 
156). Individuals of the European honey bee have been observed foraging 
on Hylaeus host plants such as Scaevola spp. and Sesbania tomentosa 
(ohai) (Hopper et al. 1996, p. 9; Daly and Magnacca 2003, p. 13; 
Snelling 2003, p. 345). Although we lack information indicating 
Hawaiian Hylaeus populations have declined because of competition with 
the European honey bee for nectar and pollen, it does forage in Hylaeus 
habitat and excludes Hylaeus species (Magnacca 2007b, p. 188; Lach 
2008, p. 155). Hylaeus species do not occur in native habitat where 
there are large numbers of European honey bee individuals, but the 
impact of smaller, more moderate populations is not known (Magnacca 
2007, p. 188). Nonnative, invasive bees are widely documented to 
decrease nectar volumes and usurp native pollinators (Lach 2008, p. 
155). There are also indications that populations of the European honey 
bee

[[Page 67851]]

are not as vulnerable as Hylaeus species to predation by nonnative ant 
species (see Factor C. Disease or Predation, above). As described 
above, Hylaeus bees that collect pollen from flowers of the native tree 
Metrosideros polymorpha were absent from trees with flowers visited by 
the big-headed ant, while visits by the European honey bee were not 
affected (Lach 2008, p. 155). As a result, Lach (2008, p. 155) 
concluded that the European honey bee may have a competitive advantage 
over Hylaeus species because it is not excluded by the big-headed ant. 
Other nonnative bees found in areas of native vegetation and 
overlapping with native Hylaeus population sites include Ceratina 
species (carpenter bees), Hylaeus albonitens (Australian colletid 
bees), H. strenuus (NCN), and Lasioglossum impavidum (NCN) (Magnacca 
2007, p. 188; Magnacca and King 2013, pp. 19-22).
Loss of Host Plants Through Competition
    The seven yellow-faced bees are dependent upon native flowering 
plants for their food resources, pollen and nectar, and for nesting 
sites. Introduced invertebrates outcompete native Hylaeus for use of 
host plants for pollen, nectar, and nesting sites. This effect is 
compounded by the impacts of nonnative ungulates on native host plants 
for Hylaeus (see discussion under Factors A and C, above). Nonnative 
plants are a threat to the seven yellow-faced bees and their host 
plants because they (1) Degrade habitat and outcompete native plants; 
(2) increase the intensity, extent, and frequency of fire, converting 
native shrubland and forest to land dominated by nonnative grasses; and 
(3) as a result of fire, cause the loss of the native host plants upon 
which the yellow-faced bees depend (Factor A). Drought, fire, and water 
extraction lead to loss of host plants within the known ranges of 
populations of yellow-faced bees, and are discussed under Factor A. The 
Present or Threatened Destruction, Modification, or Curtailment of 
Their Habitat or Range, above.
Competition With Caddisflies
    Caddisflies (Order Trichoptera), a nonnative aquatic insect, were 
first observed and identified in Hawaii in the 1940s (Flint et al. 
2003, p. 31); several species are established on all the main Hawaiian 
Islands. They may have been introduced inadvertently with aquarium 
plants released into streams (Flint et al. 2003, p. 37). Stream 
sampling showed that caddisflies accounted for 57 percent of the stream 
benthos (flora and fauna in stream sediment) in upper elevation Kauai 
streams (Englund et al. 2000, p. 23; Flint et al. 2003, p. 38), and 
caddisflies now inhabit every Oahu stream. Caddisflies compete with 
native aquatic invertebrate for resources and space (Haines 2015, in 
litt.), which may reduce prey abundance for naiads of the orangeblack 
Hawaiian damselfly. In addition, caddisflies provide a food source for 
introduced fish species, contributing to successful establishment of 
nonnative fish (Flint et al. 2003, p. 38), an additional threat to the 
orangeblack Hawaiian damselfly.
Climate Change
    Our analyses under the Act include consideration of ongoing and 
projected changes in climate, and the impacts of global climate change 
and increasing temperatures on Hawaii ecosystems are the subjects of 
active research. Global temperature has increased over the past 
century, and particularly since the mid-20th century (IPCC 2014, p. 5), 
and this increase in temperature is correlated to emissions of carbon 
dioxide and other greenhouse gasses, which have increased more since 
1970 than in prior periods (IPCC 2014, pp. 13-14). Analysis of the 
historical record indicates surface temperature in Hawaii has been 
increasing since the early 1900s, with relatively rapid warming over 
the past 30 years. The average increase since 1975 has been 0.48 [deg]F 
(0.27 [deg]C) per decade for annual mean temperature at elevations 
above 2,600 ft (800 m) and 0.16 [deg]F (0.09 [deg]C) per decade for 
elevations below 800 m (Giambelluca et al. 2008, pp. 3-4). Relative to 
average global temperature from 1986 to 2005, the average ambient air 
temperature is likely to increase globally by at least 0.5 to 4.7 
[deg]F (0.3 to 2.6 [deg]C) by the year 2100 (IPCC 2013, p. 20). Based 
on models using climate data downscaled for Hawaii, the ambient 
temperature is projected to increase by 3.8 to 7.7 [deg]F (2.1 to 4.3 
[deg]C), depending upon elevation and the emission scenario (Liao et 
al. 2015, p. 4344). On the main Hawaiian Islands, predicted changes 
associated with increases in temperature include a shift in vegetation 
zones upslope, a similar shift in animal species' ranges, changes in 
mean precipitation with unpredictable effects on local environments, 
increased occurrence of drought cycles, and increases in intensity and 
numbers of hurricanes (Loope and Giambelluca 1998, pp. 514-515; U.S. 
Global Change Research Program (US-GCRP) 2009, pp. 10, 12, 17-18, 32-
33; Giambelluca 2013, p. 6). Additionally, sea level is rising as a 
result of thermal expansion of warming ocean water; the melting of ice 
sheets, glaciers, and ice caps; and the addition of water from 
terrestrial systems (Climate Institute 2011, in litt.), and sea-level 
rise negatively affects species occurring in low-lying coastal areas 
including Solanum nelsonii (Starr 2011, in litt.) and affects the 
stability of anchialine pools systems that are habitat for Procaris 
hawaiana (Sakihara 2015, in litt.).
    The forecast of changes in precipitation is highly uncertain 
because it depends, in part, on how the El Ni[ntilde]o-La Ni[ntilde]a 
weather cycle (an episodic feature of the ocean-atmosphere system in 
the tropical Pacific having important global consequences for weather 
and climate) might change (State of Hawaii 1998, pp. 2-10). The 
historical record indicates that Hawaii tends to be dry (relative to a 
running average) during El Ni[ntilde]o phases and wet during La 
Ni[ntilde]a phases (Chen and Chu 2005, pp. 4809-4810). However, over 
the past century, the Hawaiian Islands have experienced a decrease in 
precipitation of just over 9 percent (US National Science and 
Technology Council 2008, p. 61) and a trend of decrease (from the long-
term mean) is evident in recent decades (Chu and Chen 2005, pp. 4802-
4803; Diaz et al. 2005, pp. 1-3). Stream-gauge data provide 
corroborating evidence of a long-term decrease in precipitation and 
stream flow on the Hawaiian Islands (Oki 2004, p. 4). This long-term 
drying trend, coupled with existing ditch diversions and periodic El 
Ni[ntilde]o-caused drying events, has created a pattern of severe and 
persistent stream dewatering events (Polhemus 2008, in litt., p. 26). 
Models of future rainfall downscaled for Hawaii generally project 
increasingly wet windward slopes and mild to extreme drying of leeward 
areas in particular by the middle and end of the 21st century (Timm and 
Diaz 2009, p. 4262; Elison Timm et al. 2015, pp. 95, 103-105). Altered 
seasonal moisture regimes can have negative impacts on plant growth 
cycles and overall negative impacts on native ecosystems (US-GCRP 2009, 
pp. 32-33). Long periods of decline in annual precipitation result in a 
reduction of moisture availability, an increase in drought frequency 
and intensity, and a self-perpetuating cycle of nonnative plant 
invasion, fire, and erosion (US-GCRP 2009, pp. 32-33; Warren 2011, pp. 
221-226) (see ``Habitat Destruction and Modification by Fire,'' above). 
Overall, the documented and projected increase in variance of 
precipitation events will change patterns of water availability for the 
species (Parmesan and Matthews 2006, p. 340), changes that point to 
changes in

[[Page 67852]]

plant communities as a consequence over the coming decades.
    Tropical cyclone frequency and intensity are projected to change as 
a result of increasing temperature and changing circulation associated 
with climate change over the next 100 to 200 years (Vecchi and Soden 
2007, pp. 1068-1069, Figures 2 and 3; Emanuel et al. 2008, p. 360, 
Figure 8; Yu et al. 2010, p. 1371, Figure 14). In the central Pacific, 
modeling projects an increase of up to two additional tropical cyclones 
per year in the main Hawaiian Islands by 2100 (Murakami et al. 2013, p. 
2, Figure 1d). In general, tropical cyclones with the intensities of 
hurricanes have been an uncommon occurrence in the Hawaiian Islands. 
From the 1800s until 1949, hurricanes were only rarely reported from 
ships in the area. Between 1950 and 1997, 22 hurricanes passed near or 
over the Hawaiian Islands, and 5 of these caused serious damage 
(Businger 1998, in litt.). A recent study shows that, with a possible 
shift in the path of the subtropical jet stream northward, away from 
Hawaii, more storms will be able to approach and reach the Hawaiian 
Islands from an easterly direction, with Hurricane Iselle in 2014 being 
an example (Murakami et al. 2015, p. 751).
    As described above (see Climate Change Vulnerability Assessment for 
the Hawaiian Plants, above, and Table 2), 27 of the 39 plant species in 
this proposal were included in the recent analysis of the vulnerability 
of Hawaiian plants to climate changes conducted by Fortini et al. 
(2013, 134 pp.). All 27 species scored as moderately to extremely 
vulnerable, as did most other species in the analysis that already are 
considered to be of conservation concern (because they face multiple 
non-climate threats) (Fortini et al. 2013, pp. 25, 37). The specific 
impacts of climate change effects on the habitat, biology, and ecology 
of individual species are largely unknown and remain a subject of 
study. However, in the assessment of more than 1,000 Hawaiian plants, 
including 319 already listed as endangered or threatened, a strong 
relationship emerged between climate vulnerability scores and current 
threats and conservation status (Fortini et al. 2013, p. 5). Therefore, 
we anticipate that the 13 plant species not analyzed are likely to be 
similarly vulnerable to climate change effects. The projected 
landscape- or island-scale changes in temperature and precipitation, as 
well as the potentially catastrophic impacts of projected increases in 
storm frequency and severity, also point to likely adverse impacts of 
climate change on all 10 of the animal species considered in this 
proposal because they rely on abiotic conditions, such as water 
temperature, or habitat elements, such as host plants and prey species, 
likely to be substantively altered by climate change.
    Although we lack information about the specific effects of current 
and projected climate change on these species, we anticipate that 
increased ambient temperature and hurricane intensity, changing 
precipitation patterns, and sea-level rise and inundation will create 
additional stresses on these species because they are vulnerable to 
these disturbances. For example, projected warmer temperatures and 
increased storm severity resulting from climate change are likely to 
exacerbate other threats to the species, such as by enhancing the 
spread of nonnative invasive plants into these species' native 
ecosystems in Hawaii. The drying trend, especially on leeward sides of 
islands, creates suitable conditions for increased invasion by 
nonnative grasses and enhances the risk of wildfire. Sea-level rise 
threatens ecosystems and species nearest the coast, including the 
anchialine pool ecosystem.
    The risk of extinction as a result of the effects of climate change 
increases when a species' range and habitat requirements are 
restricted, its habitat decreases, and its numbers and number of 
populations decline (IPCC 2014, pp. 14-15). The fragmented range, 
diminished number of populations, and low total number of individuals 
have compromised the rangewide redundancy and resilience of these 49 
species. Therefore, we would expect them to be particularly vulnerable 
to the habitat impacts of the effects of climate change (Loope and 
Giambelluca 1998, pp. 504-505; Pounds et al. 1999, pp. 611-612; Still 
et al. 1999, p. 610; Benning et al. 2002, pp. 14,246-14,248; 
Giambelluca and Luke 2007, pp. 13-15). Although we cannot predict the 
timing, extent, or magnitude of specific impacts, we do expect the 
effects of climate change to exacerbate the current threats to these 
species, such as habitat loss and degradation.
    In summary, based on the best available information, we conclude 
that climate change effects, including increased inter-annual 
variability of ambient temperature, precipitation, and hurricanes, are 
likely to impose additional stresses on all 11 ecosystems and all of 
the 49 species we are listing in this rule, thus exacerbating current 
threats to these species. These 49 species all persist with small 
population sizes and highly restricted or fragmented ranges. They thus 
face increased immediate risk from stochastic events such as 
hurricanes, which can extinguish an important proportion of the 
remaining individuals, and from long-term, landscape-scale 
environmental changes because reduced populations often lack ecological 
or genetic adaptive capacity (Fortini et al. 2013, pp. 3-5).
    In addition to impacts resulting from changes in terrestrial 
habitat and disturbance regimes, climate change affects aquatic 
habitat. For example, physiological stress in the orangeblack Hawaiian 
damselfly is caused by increased water temperatures to which the 
species is not adapted (Pounds et al. 1999, pp. 611-612; Still et al. 
1999, p. 610; Benning et al. 2002, pp. 14246, 14248). All of these 
aspects of climate change and their impacts on native species and 
ecosystems will be exacerbated by human demands on Hawaii's natural 
resources; for example, decreased availability of fresh water will 
magnify the impact of human water consumption on Hawaii's natural 
streams and reservoirs (Giambelluca et al. 1991, p. v). Climate change 
impacts contribute to the multiple threats affecting the status of all 
of these species, and the effects of climate change are projected to 
increase in the future.

Summary of Factor E

    We consider the threat from artificial lighting and structures to 
be a serious and ongoing threat to the band-rumped storm-petrel in 
Hawaii because these threats cause injury and mortality, resulting in a 
loss of breeding individuals and juveniles, and are expected to 
continue into the future. Injury or mortality or loss of food sources 
caused by the activities of commercial fisheries, and injury or 
mortality resulting from ingestion of plastics and marine debris, are 
likely to contribute to further decline in the Hawaiian population of 
the band-rumped storm-petrel.
    We consider the threats from recreational use of, and dumping of 
trash and introduction of nonnative fish into, the pools that support 
the anchialine pool shrimp Procaris hawaiana to be serious threats that 
have the potential to occur at any time, although their occurrence is 
not predictable. The use of anchialine pools for dumping of trash leads 
to accelerated sedimentation in the pool, exacerbating conditions 
leading to its senescence. Changing the anchialine pool system by 
dumping of trash, introduction of nonnative fish, and sedimentation 
also affects habitat for the orangeblack Hawaiian damselfly. In

[[Page 67853]]

addition, recreational use of off-road vehicles contributes to 
increased sedimentation in anchialine pools, and has been noted to 
affect the habitat of the orangeblack Hawaiian damselfly on Lanai.
    We consider the impacts from limited numbers of individuals and 
populations to be a serious and ongoing threat to all 39 plant species, 
and especially for the following 19 plants: Asplenium diellaciniatum 
Cyanea kauaulaensis, Cyperus neokunthianus, Cyrtandra hematos, Deparia 
kaalaana, Dryopteris glabra var. pusilla, Gardenia remyi, Hypolepis 
hawaiiensis var. mauiensis, Joinvillea ascendens ssp. ascendens, Kadua 
haupuensis, Labordia lorenciana, Lepidium orbiculare, Myrsine 
fosbergii, Phyllostegia brevidens, P. helleri, Pritchardia bakeri, 
Santalum involutum, Stenogyne kaalae ssp. sherffii, and Wikstroemia 
skottsbergiana, as low numbers and small occurrences of these plants 
result in greater vulnerability to stochastic events and can result in 
reduced levels of genetic variability leading to diminished capacity to 
adapt to environmental changes. Under these circumstances, the 
likelihood of long-term persistence is diminished, and the likelihood 
of extirpation or extinction is increased. This threat applies to the 
entire range of each of these species.
    We also consider the impacts from limited numbers of individuals 
and populations to be a serious and ongoing threat to the band-rumped 
storm-petrel, the orangeblack Hawaiian damselfly, the anchialine pool 
shrimp Procaris hawaiana, and to the yellow-faced bees (Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, and H. mana). The threat from limited numbers of individuals 
and populations is ongoing and is expected to continue into the future 
because (1) A single catastrophic event may result in extirpation of 
remaining populations and extinction of these species; (2) species with 
few known occurrences are less resilient to threats that might 
otherwise have a relatively minor impact (on widely distributed 
species); (3) these species experience reduced reproductive vigor due 
to inbreeding depression; and (4) they experience reduced levels of 
genetic variability leading to diminished capacity to adapt to 
environmental changes, thereby lessening the probability of its long-
term persistence.
    The threat from hybridization is an unpredictable but ongoing 
threat to Cyrtandra hematos, Microlepia strigosa var. mauiensis, and 
Myrsine fosbergii, as has been observed at current occurrences.
    We consider the threat to Cyanea kauaulaensis, Cyrtandra hematos, 
Gardenia remyi, Joinvillea ascendens ssp. ascendens, Labordia 
lorenciana, Nothocestrum latifolium, and Ochrosia haleakalae from lack 
of regeneration to be ongoing and to continue into the future because 
the reasons for the lack of recruitment in the wild are unknown and 
uncontrolled, and any competition from nonnative plants or habitat 
modification by ungulates or fire, or other threats could lead to the 
extirpation of these species.
    We consider the threat of competition with nonnative invertebrates 
a serious and ongoing threat to the yellow-faced bees, Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, and H. mana. Nonnative wasps and bees are aggressive and can 
prevent use of the native host plants required for food and nesting by 
all seven yellow-faced bees. Competition with caddisflies is a threat 
to the orangeblack Hawaiian damselfly.
    Based on current and projected changes in climate, increasing 
temperature, changing precipitation regimes, increases in storm 
severity, and sea-level rise will likely exacerbate the threats to 
these 49 species. The effects of climate change on these species 
include, but are not limited to, physiological stress caused by 
increased water or air temperature or lack of moisture, the long-term 
destruction and modification of habitat, increased competition by 
nonnative species, and changes in disturbance regimes that lead to 
changes in habitat and direct mortality of individuals (e.g., fire, 
drought, flooding, and hurricanes).

Determination for 49 Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. Listing actions may be warranted based on any of 
the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to each of the 49 species. We find that all of these species face 
threats that are ongoing and are expected to continue into the future 
throughout their ranges. Habitat destruction and modification by 
agriculture and urban development, and conversion of wetland habitat or 
water extraction resulting from such activity, is a threat to one 
plant, Cyclosorus boydiae, and seven animals (the orangeblack Hawaiian 
damselfly, the anchialine pool shrimp (Procaris hawaiana), Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, and H. longiceps) 
(Factor A). Habitat destruction and modification by nonnative feral 
ungulates poses a threat to 46 of the 49 species (except for Cyanea 
kauaulaensis, Hypolepis hawaiiensis var. mauiensis, and the anchialine 
pool shrimp) (Factor A). Habitat destruction and modification by 
nonnative plants poses a threat to all 39 plant species and 9 of the 10 
animals (except for Procaris hawaiana) (Factor A). Fourteen of the 
plant species (Exocarpos menziesii, Festuca hawaiiensis, Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
Ochrosia haleakalae, Portulaca villosa, Ranunculus mauiensis, Sanicula 
sandwicensis, Santalum involutum, Schiedea pubescens, Sicyos 
lanceoloideus, S. macrophyllus, and Solanum nelsonii) and all seven 
yellow-faced bees, are at risk of habitat destruction and modification 
by fire. Habitat loss and mortality resulting from hurricanes is a 
threat to the plant Pritchardia bakeri, the band-rumped storm-petrel, 
the orangeblack Hawaiian damselfly, and all seven yellow-faced bees 
(Factor A). Twenty of the plant species (Cyanea kauaulaensis, 
Cyclosorus boydiae, Deparia kaalaana, Dryopteris glabra var. pusilla, 
Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua fluviatilis, 
K. haupuensis, Labordia lorenciana, Lepidium orbiculare, Phyllostegia 
brevidens, P. helleri, P. stachyoides, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, Ranunculus hawaiensis, 
R. mauiensis, Sanicula sandwicensis, Schiedea pubescens, and Solanum 
nelsonii), the band-rumped storm-petrel, and the orangeblack Hawaiian 
damselfly are threatened by the destruction and modification of their 
habitats from, either singly or in combination, landslides, rockfalls, 
treefalls, flooding, or tsunamis (Factor A). Habitat loss or 
degradation and loss of host plants, mortality, and water extraction 
due to drought is a threat to the plants Cyclosorus boydiae, Deparia 
kaalaana, Huperzia stemmermanniae, Phyllostegia

[[Page 67854]]

stachyoides, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, Sicyos lanceoloideus, and Solanum 
nelsonii; the orangeblack Hawaiian damselfly; and all seven yellow-
faced bees (Factor A and Factor E). Unpermitted collection for 
commercial purposes poses a serious threat to the anchialine pool 
shrimp Procaris hawaiana (Factor B). Predation or herbivory is a 
serious and ongoing threat to 35 of the 39 plant species (by feral 
pigs, goats, axis deer, black-tailed deer, cattle, sheep, mouflon, 
rats, slugs, and the black twig borer), to the band-rumped storm petrel 
(by barn owls, cats, rats, and mongoose), and to the seven yellow-faced 
bees (by ants and wasps) (Factor C). Predation by bullfrogs, 
backswimmers, nonnative fish, and Jackson's chameleons is a threat to 
the orangeblack Hawaiian damselfly (Factor C). Predation by nonnative 
fish is a threat to the anchialine pool shrimp (Factor C). The existing 
regulatory mechanisms do not adequately address these threats to the 49 
species (Factor D). Injury and mortality caused by artificial lighting 
and structures are serious and ongoing threats to the band-rumped 
storm-petrel (Factor E). The threats of injury or mortality, or loss of 
food sources, caused by the activities of commercial fisheries, and 
injury or mortality resulting from ingestion of plastics and marine 
debris, can contribute to further decline of the Hawaiian population of 
the band-rumped storm-petrel (Factor E). Recreational use of, and 
dumping of trash and nonnative fish into, anchialine pools is a threat 
to the anchialine pool shrimp and also to the orangeblack Hawaiian 
damselfly that uses that habitat (Factor E). Competition by ants, 
wasps, and bees for the food and nesting resources, including loss of 
native host plants, is a threat to all seven yellow-faced bees. 
Competition with caddisflies is a threat to the orangeblack Hawaiian 
damselfly (Factor E). These threats are exacerbated by these species' 
inherent vulnerability to extinction from stochastic events at any time 
because of their endemism, low numbers of individuals and populations, 
and restricted habitats. There are serious and ongoing threats to all 
49 species due to factors associated with low numbers of individuals 
and populations (Factor E). The threat of low numbers to seven plants 
(Cyanea kauaulaensis, Cyrtandra hematos, Gardenia remyi, Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
and Ochrosia haleakalae) is exacerbated by lack of regeneration in the 
wild (Factor E). Hybridization is a threat to three plant species, 
Cyrtandra hematos, Microlepia strigosa var. mauiensis, and Myrsine 
fosbergii (Factor E). The effects of rising temperature and other 
aspects of climate change are likely to exacerbate many of these 
threats and likely to pose threats to the 49 species (Factor E).
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' We find that each of the endemic 
Hawaiian species and the Hawaii DPS of the band-rumped storm-petrel are 
presently in danger of extinction throughout their entire ranges. Based 
on the immediacy, severity, scope, and interaction of the threats 
described above, such as the pervasive threats of predation and habitat 
loss and degradation posed by nonnative plants and animals, a 
determination of threatened status for any of these species is not 
appropriate. Therefore, on the basis of the best available scientific 
and commercial information, we are listing the following 49 species as 
endangered in accordance with sections 3(6) and 4(a)(1) of the Act: the 
plants Asplenium diellaciniatum, Calamagrostis expansa, Cyanea 
kauaulaensis, Cyclosorus boydiae, Cyperus neokunthianus, Cyrtandra 
hematos, Deparia kaalaana, Dryopteris glabra var. pusilla, Exocarpos 
menziesii, Festuca hawaiiensis, Gardenia remyi, Huperzia 
stemmermanniae, Hypolepis hawaiiensis var. mauiensis, Joinvillea 
ascendens ssp. ascendens, Kadua fluviatilis, Kadua haupuensis, Labordia 
lorenciana, Lepidium orbiculare, Microlepia strigosa var. mauiensis, 
Myrsine fosbergii, Nothocestrum latifolium, Ochrosia haleakalae, 
Phyllostegia brevidens, Phyllostegia helleri, Phyllostegia stachyoides, 
Portulaca villosa, Pritchardia bakeri, Pseudognaphalium sandwicensium 
var. molokaiense, Ranunculus hawaiensis, Ranunculus mauiensis, Sanicula 
sandwicensis, Santalum involutum, Schiedea diffusa ssp. diffusa, 
Schiedea pubescens, Sicyos lanceoloideus, Sicyos macrophyllus, Solanum 
nelsonii, Stenogyne kaalae ssp. sherffii, and Wikstroemia 
skottsbergiana; and the following animals: the Hawaii DPS of the band-
rumped storm-petrel (Oceanodroma castro), the orangeblack Hawaiian 
damselfly (Megalagrion xanthomelas), the anchialine pool shrimp 
(Procaris hawaiana), and the yellow-faced bees Hylaeus anthracinus, 
Hylaeus assimulans, Hylaeus facilis, Hylaeus hilaris, Hylaeus kuakea, 
Hylaeus longiceps, and Hylaeus mana.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
throughout all or a significant portion of its range (SPR). Under our 
SPR policy (79 FR 37578, July 1, 2014), if a species is endangered or 
threatened throughout a significant portion of its range and the 
population in that significant portion is a valid DPS, we will list the 
DPS rather than the entire taxonomic species or subspecies. We have 
determined that the Hawaii population of the band-rumped storm-petrel 
is a valid DPS, and we are listing that DPS. Each of the other 48 
species endemic to the Hawaiian Islands that we are listing in this 
rule is highly restricted in its range, and the threats occur 
throughout its range. Therefore, we assessed the status of each species 
throughout its entire range. In each case, the threats to the survival 
of these species occur throughout the species' range and are not 
restricted to any particular portion of that range. Accordingly, our 
assessment and determination applies to each species throughout its 
entire range. Likewise, we assessed the status of the Hawaii DPS of the 
band-rumped storm-petrel throughout the range of the DPS and have 
determined that the threats occur throughout the DPS and are not 
restricted to any particular portion of the DPS. Because we have 
determined that these 48 species and one DPS are endangered throughout 
all of their ranges, no portion of their ranges can be ``significant'' 
for purposes of the definitions of ``endangered species'' and 
``threatened species.'' See the Final Policy of Interpretation of the 
Phrase ``Significant Portion of Its Range'' in the Endangered Species 
Act's Definitions of ``Endangered Species'' and ``Threatened Species'' 
(79 FR 37578, July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, and local agencies; private 
organizations; and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection required by Federal agencies and the 
prohibitions against certain activities are discussed, in part, below.

[[Page 67855]]

    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act calls for the Service to develop 
and implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five 
factors that control whether a species remains endangered or may be 
downlisted or delisted, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Pacific Islands Fish and Wildlife Office (see 
FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, nongovernmental organizations, businesses, and 
private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on all lands.
    Following publication of this final listing rule, funding for 
recovery actions will be available from a variety of sources, including 
Federal budgets, State programs, and cost share grants for non-Federal 
landowners, the academic community, and nongovernmental organizations. 
In addition, pursuant to section 6 of the Act, the State of Hawaii will 
be eligible for Federal funds to implement management actions that 
promote the protection or recovery of the 49 species. Information on 
our grant programs that are available to aid species recovery can be 
found at: http://www.fws.gov/grants.
    Please let us know if you are interested in participating in 
recovery efforts for one or more of these 49 species. Additionally, we 
invite you to submit any new information on these species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(2) of the Act requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into consultation with the Service.
    Federal agency actions within the species' habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include, but are not limited to, actions within the 
jurisdiction of the Natural Resources Conservation Service (NRCS), the 
U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and 
branches of the Department of Defense (DOD). Examples of these types of 
actions include activities funded or authorized under the Farm Bill 
Program, Environmental Quality Incentives Program, Ground and Surface 
Water Conservation Program, Clean Water Act (33 U.S.C. 1251 et seq.), 
Partners for Fish and Wildlife Program, and DOD construction activities 
related to training or other military missions.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect; or to attempt any of 
these) endangered wildlife within the United States or the high seas. 
In addition, it is unlawful to import; export; deliver, receive, carry, 
transport, or ship in interstate or foreign commerce in the course of 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce any listed species. It is also illegal to possess, sell, 
deliver, carry, transport, or ship any such wildlife that has been 
taken illegally. Certain exceptions apply to employees of the Service, 
the National Marine Fisheries Service, other Federal land management 
agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22. With regard to 
endangered wildlife, a permit may be issued for scientific purposes, to 
enhance the propagation or survival of the species, or for incidental 
take in connection with otherwise lawful activities. There are also 
certain statutory exemptions from the prohibitions, which are found in 
sections 9 and 10 of the Act.
    With respect to endangered plants, prohibitions outlined at 50 CFR 
17.61 make it illegal for any person subject to the jurisdiction of the 
United States to import or export, transport in interstate or foreign 
commerce in the course of a commercial activity, sell or offer for sale 
in interstate or foreign commerce, or to remove and reduce to 
possession any such plant species from areas under Federal 
jurisdiction. In addition, for endangered plants, the Act prohibits 
malicious damage or destruction of any such species on any area under 
Federal jurisdiction, and the removal, cutting, digging up, or damaging 
or destroying of any such species on any other area in knowing 
violation of any State law or regulation, or in the course of any 
violation of a State criminal trespass law. Exceptions to these 
prohibitions are outlined at 50 CFR 17.62.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered plants under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.62. With regard to 
endangered plants, the Service may issue a permit

[[Page 67856]]

authorizing any activity otherwise prohibited by 50 CFR 17.61 for 
scientific purposes or for enhancing the propagation or survival of 
endangered plants.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a listing on 
proposed and ongoing activities within the range of a listed species. 
Based on the best available information, activities that may 
potentially result in a violation of section 9 of the Act include but 
are not limited to:
    (1) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of these taxa at least 100 years 
old, as defined by section 100(h)(1) of the Act;
    (2) Activities that take or harm the band-rumped storm-petrel, the 
orangeblack Hawaiian damselfly, the anchialine pool shrimp (Procaris 
hawaiana), and the seven yellow-faced bees by causing significant 
habitat modification or degradation such that it causes actual injury 
by significantly impairing essential behavior patterns. This may 
include introduction of nonnative species that compete with or prey 
upon the 10 animal species or the unauthorized release of biological 
control agents that attack the life stage of any of these 10 species; 
and
    (3) Damaging or destroying any of the 39 plant species in violation 
of the Hawaii State law prohibiting the take of listed species.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Pacific 
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). 
Requests for copies of the regulations concerning listed species and 
general inquiries regarding prohibitions and permits may be addressed 
to the U.S. Fish and Wildlife Service, Pacific Region, Ecological 
Services, Endangered Species Permits, Eastside Federal Complex, 911 NE. 
11th Avenue, Portland, OR 97232-4181 (telephone 503-231-6131; facsimile 
503-231-6243).

Required Determinations

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov under Docket No. FWS-R1-
ES-2015-0125 and upon request from the Pacific Islands Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this final rule are the staff members of the 
Pacific Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as follows:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. Amend Sec.  17.11(h), the List of Endangered and Threatened 
Wildlife, as follows:
0
a. By adding an entry for ``Storm-petrel, band-rumped (Hawaii DPS)'' in 
alphabetical order under BIRDS;
0
b. By adding entries for ``Bee, yellow-faced'' (Hylaeus anthracinus), 
``Bee, yellow-faced'' (Hylaeus assimulans), ``Bee, yellow-faced'' 
(Hylaeus facilis), ``Bee, yellow-faced'' (Hylaeus hilaris), ``Bee, 
yellow-faced'' (Hylaeus kuakea), ``Bee, yellow-faced'' (Hylaeus 
longiceps), ``Bee, yellow-faced'' (Hylaeus mana), and ``Damselfly, 
orangeblack Hawaiian'' (Megalagrion xanthomelas) in alphabetical order 
under INSECTS; and
0
c. By adding an entry for ``Shrimp, anchialine pool'' (Procaris 
hawaiana) before the entry for ``Shrimp, anchialine pool'' (Vetericaris 
chaceorum) under CRUSTACEANS.
    The additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
              Birds
 
                                                  * * * * * * *
Storm-petrel, band-rumped (Hawaii  Oceanodroma castro.  U.S.A. (HI)........  E               81 FR [Insert
 DPS).                                                                                        Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
             Insects
Bee, yellow-faced................  Hylaeus anthracinus  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Bee, yellow-faced................  Hylaeus assimulans.  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Bee, yellow-faced................  Hylaeus facilis....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.

[[Page 67857]]

 
Bee, yellow-faced................  Hylaeus hilaris....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Bee, yellow-faced................  Hylaeus kuakea.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Bee, yellow-faced................  Hylaeus longiceps..  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Bee, yellow-faced................  Hylaeus mana.......  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Damselfly, orangeblack Hawaiian..  Megalagrion          Wherever found.....  E               81 FR [Insert
                                    xanthomelas.                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
           Crustaceans
 
                                                  * * * * * * *
Shrimp, anchialine pool..........  Procaris hawaiana..  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  17.12(h), the List of Endangered and Threatened Plants, 
as follows:
0
a. By adding entries for Calamagrostis expansa, Cyanea kauaulaensis, 
Cyperus neokunthianus, Cyrtandra hematos, Exocarpos menziesii, Festuca 
hawaiiensis, Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua 
fluviatilis, Kadua haupuensis, Labordia lorenciana, Lepidium 
orbiculare, Myrsine fosbergii, Nothocestrum latifolium, Ochrosia 
haleakalae, Phyllostegia brevidens, Phyllostegia helleri, Phyllostegia 
stachyoides, Portulaca villosa, Pritchardia bakeri, Pseudognaphalium 
sandwicensium var. molokaiense, Ranunculus hawaiensis, Ranunculus 
mauiensis, Sanicula sandwicensis, Santalum involutum, Schiedea diffusa 
ssp. diffusa, Schiedea pubescens, Sicyos lanceoloideus, Sicyos 
macrophyllus, Solanum nelsonii, Stenogyne kaalae ssp. sherffii, and 
Wikstroemia skottsbergiana in alphabetical order under FLOWERING 
PLANTS; and
0
b. By adding entries for Asplenium diellaciniatum, Cyclosorus boydiae, 
Deparia kaalaana, Dryopteris glabra var. pusilla, Huperzia 
stemmermanniae, Hypolepis hawaiiensis var. mauiensis, and Microlepia 
strigosa var. mauiensis in alphabetical order under FERNS AND ALLIES.
    The additions read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
         Scientific name               Common name          Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                                  * * * * * * *
Calamagrostis expansa............  Maui reedgrass.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Cyanea kauaulaensis..............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Cyperus neokunthianus............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Cyrtandra hematos................  Haiwale............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 

[[Page 67858]]

 
                                                  * * * * * * *
Exocarpos menziesii..............  Heau...............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Festuca hawaiiensis..............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Gardenia remyi...................  Nanu...............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Joinvillea ascendens ssp.          Ohe................  Wherever found.....  E               81 FR [Insert
 ascendens.                                                                                   Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Kadua fluviatilis................  Kamapuaa...........  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Kadua haupuensis.................  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Labordia lorenciana..............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Lepidium orbiculare..............  Anaunau............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Myrsine fosbergii................  Kolea..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Nothocestrum latifolium..........  Aiea...............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Ochrosia haleakalae..............  Holei..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Phyllostegia brevidens...........  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Phyllostegia helleri.............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Phyllostegia stachyoides.........  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Portulaca villosa................  Ihi................  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 

[[Page 67859]]

 
                                                  * * * * * * *
Pritchardia bakeri...............  Baker's loulu......  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Pseudognaphalium sandwicensium     Enaena.............  Wherever found.....  E               81 FR [Insert
 var. molokaiense.                                                                            Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Ranunculus hawaiensis............  Makou..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Ranunculus mauiensis.............  Makou..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Sanicula sandwicensis............  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Santalum involutum...............  Iliahi.............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Schiedea diffusa ssp. diffusa....  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Schiedea pubescens...............  Maolioli...........  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Sicyos lanceoloideus.............  Anunu..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Sicyos macrophyllus..............  Anunu..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Solanum nelsonii.................  Popolo.............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Stenogyne kaalae ssp. sherffii...  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Wikstroemia skottsbergiana.......  Akia...............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
         Ferns and Allies
 
                                                  * * * * * * *
Asplenium diellaciniatum.........  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Cyclosorus boydiae...............  Kupukupu makalii...  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.

[[Page 67860]]

 
Deparia kaalaana.................  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Dryopteris glabra var. pusilla...  Hohiu..............  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Huperzia stemmermanniae..........  No common name.....  Wherever found.....  E               81 FR [Insert
                                                                                              Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
Hypolepis hawaiiensis var.         Olua...............  Wherever found.....  E               81 FR [Insert
 mauiensis.                                                                                   Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
Microlepia strigosa var.           No common name.....  Wherever found.....  E               81 FR [Insert
 mauiensis.                                                                                   Federal Register
                                                                                              page where the
                                                                                              document begins];
                                                                                              09/30/2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: September 12, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-23112 Filed 9-29-16; 8:45 am]
 BILLING CODE 4333-15-P