[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Proposed Rules]
[Pages 71520-71523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22376]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2020-0104; FF09E22000 FXES11130900000 234]
RIN 1018-BC98


Endangered and Threatened Wildlife and Plants; Removing 
Phyllostegia glabra var. lanaiensis From the List of Endangered or 
Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the 
proposal to remove Phyllostegia glabra var. lanaiensis from the Federal 
List of Endangered and Threatened Plants (List). This withdrawal is 
based on new surveys conducted over the past 3 years since completing 
the 5-year review for the species; these surveys have identified new 
suitable habitats comprised of native vegetation within the former 
range of P. glabra var. lanaiensis. Therefore, we determined that 
additional information is needed before concluding that the species is 
extinct. With this withdrawal of the proposal, P. glabra var. 
lanaiensis will remain on the List as endangered. Elsewhere in this 
issue of the Federal Register, we publish a final rule removing 21 
species that were part of our September 30, 2021, proposed rule.

DATES: The proposal to remove P. glabra var. lanaiensis from the 
Federal List of Endangered and Threatened Plants, which published on 
September 30, 2021 (86 FR 54298), is withdrawn on October 17, 2023.

ADDRESSES: Relevant documents used in the preparation of this 
withdrawal are available on the internet at https://www.regulations.gov 
at Docket No. FWS-R1-ES-2020-0104.

FOR FURTHER INFORMATION CONTACT: Earl Campbell, Field Supervisor, 
Pacific Islands Fish and Wildlife Office (see ADDRESSES); telephone 
808-792-9400; facsimile 505-346-2542. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Previous Federal Actions

    We published a final rule to list Phyllostegia glabra var. 
lanaiensis as an endangered species on September 20, 1991 (56 FR 
47686), and P. glabra var. lanaiensis was included in the Lanai plant 
cluster recovery plan in 1995 (USFWS 1995, entire). At the time of 
listing, no wild individuals had been seen since 1914, although there 
was one questionable sighting from the 1980s that was later considered 
to be P. glabra var. glabra (USFWS 1995, pp. 31-35; USFWS 2012, p. 7). 
Threats included habitat degradation and herbivory by feral ungulates, 
the establishment of ecosystem-altering invasive plant species, and the 
consequences of small population sizes (low numbers) (USFWS 1995, p. 
56). In 2000, designation of critical habitat was considered not 
prudent for P. glabra var. lanaiensis because this plant had not been 
observed in the wild in over 20 years, and no viable genetic material 
was available for recovery efforts (65 FR 82086; December 27, 2000). 
Two 5-year status reviews have been completed; the 2012 review 
(initiated on April 8, 2010; see 75 FR 17947) recommended surveys 
within the historical range and within suitable habitat on Lanai, with 
no change in status. Despite repeated surveys of historical and 
suitable habitat by botanists since 2006, P. glabra var. lanaiensis has 
not been found (Plant Extinction Prevention Program (PEPP) 2012, p. 45; 
Oppenheimer 2019, in litt.). In 2012, PEPP reported that P. glabra var. 
lanaiensis was likely extinct. The 5-year status review completed in 
2019 (initiated on February 12, 2016; see 81

[[Page 71521]]

FR 7571) recommended delisting due to extinction.
    On September 30, 2021, we published a proposed rule to remove 23 
species, including P. glabra var. lanaiensis, from the Federal Lists of 
Endangered and Threatened Wildlife and Plants (i.e., to ``delist'' the 
species) due to extinction (86 FR 54298). At that time, we invited the 
public to comment on the proposal.
    Elsewhere in this issue of the Federal Register, we publish a final 
rule to remove 21 of the 23 species included in our September 30, 2021, 
proposed rule from the Federal List of Endangered and Threatened 
Wildlife. That final rule's Summary of Changes from the Proposed Rule 
references this rule withdrawing the proposed delisting of P. glabra 
var. lanaiensis.

Supporting Documents

    Prior to publishing the proposed delisting rule (86 FR 54298; 
September 30, 2021), we conducted a status assessment for P. glabra 
var. lanaiensis. The results of this assessment are summarized in a 
species assessment form, which represents a compilation of the best 
scientific and commercial data available concerning the status of the 
species, including the past, present, and future stressors to this 
species (Service 2021, entire).
    In accordance with our policy, ``Notice of Interagency Cooperative 
Policy for Peer Review in Endangered Species Act Activities,'' which 
was published on July 1, 1994 (59 FR 34270) and our August 22, 2016, 
Director's Memorandum ``Peer Review Process,'' we sought the expert 
opinion of five appropriate and independent specialists regarding 
scientific data and interpretations contained in the 5-year review for 
P. glabra var. lanaiensis. We sent copies of the 5-year review to the 
peer reviewers immediately following publication of the proposed rule 
in the Federal Register (86 FR 54298; September 30, 2021). The purpose 
of such review is to ensure that our decisions are based on 
scientifically sound data, assumptions, and analysis. We received 
feedback from one of the five peer reviewers. We have incorporated the 
results of this review, as appropriate, into the species assessment 
form and this document.

Summary of Comments and Recommendations

    In the proposed rule published on September 30, 2021 (86 FR 54298), 
we requested that all interested parties submit written comments on the 
proposal by November 29, 2021. We also contacted appropriate State 
agencies, scientific experts and organizations, and other interested 
parties and invited them to comment on the proposal. A newspaper notice 
inviting the public to provide comments was published in USA Today on 
October 8, 2021. All substantive information regarding the delisting of 
P. glabra var. lanaiensis that was provided during peer review and the 
comment period has been incorporated directly into this final 
determination or into our species assessment form, as appropriate, or 
is addressed below.

Peer Review Comments

    We reviewed all comments we received from the peer reviewer for 
substantive issues and new information regarding P. glabra var. 
lanaiensis. The peer reviewer provided additional information and 
clarifications on results of surveys, which we incorporated into the 
species assessment form and this document.

Public Comments

    We reviewed all public comments that we received on the proposed 
rule (86 FR 54298; September 30, 2021). While there were many comments 
that discussed other species in the proposed rule, there were no 
comments that specifically addressed P. glabra var. lanaiensis. We did 
not receive a request for a public hearing for this species.

Background

    A thorough review of the taxonomy, range and distribution, life 
history, and ecology of P. glabra var. lanaiensis is presented in the 
species assessment form (Service 2021, entire) and is briefly 
summarized here. Phyllostegia glabra var. lanaiensis is a short-lived 
perennial herb. Flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors of P. glabra var. lanaiensis remain unknown (USFWS 1995, p. 19; 
USFWS 2012, p. 7). P. glabra var. lanaiensis was described as a variety 
of P. glabra from specimens collected from Lanai by Ballieu, Munro, and 
Mann and Brigham. It differed from P. glabra var. glabra in its longer 
calyx (the collection of modified leaves that enclose the petals and 
other parts of a flower) (0.3 inches or 10-11 millimeters) and narrowly 
lanceolate leaves (Wagner et al. 1990, p. 816). No taxonomic changes 
have been made since the variety was described in 1934.
    Historically, P. glabra var. lanaiensis was known from only two 
collections from Lanai, one from the ``mountains of Lanai,'' and the 
other from Kaiholena Gulch, where it was last collected in 1914 (USFWS 
1991, p. 47688; USFWS 1995, pp. 31-35; Wagner 1999, p. 269; Hawaii 
Biodiversity and Mapping Program 2010, entire). A report of this 
species from the early 1980s in a gulch feeding into the back of 
Maunalei Valley probably was erroneous and likely P. glabra var. glabra 
(USFWS 1995, pp. 31-35; USFWS 2003, p. 1223; Wagner 1999, p. 269). Very 
little is known of the preferred habitat or associated species of P. 
glabra var. lanaiensis on the island of Lanai. It has been observed in 
lowland wet-mesic forest in gulch bottoms and sides, often in quite 
steep areas, in the same habitat as the endangered Cyanea gibsonii 
(also known as Cyanea macrostegia ssp. gibsonii) (USFWS 1995, p. 23).

Regulatory and Analytical Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. In 2019, jointly with the National Marine Fisheries 
Service, the Service issued a final rule that revised the regulations 
in 50 CFR part 424 regarding how we add, remove, and reclassify 
endangered and threatened species and the criteria for designating 
listed species' critical habitat (84 FR 45020; August 27, 2019).
    Under the Act (16 U.S.C. 1531 et seq.), we must review the status 
of all listed species at least once every 5 years. We must delist a 
species if we determine, on the basis of the best available scientific 
and commercial data, that the species is neither a threatened species 
nor an endangered species. Our regulations at 50 CFR 424.11(e) identify 
three reasons why we might determine that a listed species is neither 
an endangered species nor a threatened species: (1) The species is 
extinct; (2) the species does not meet the definition of an endangered 
species or a threatened species; or (3) the listed entity does not meet 
the statutory definition of a species.
    In this document to withdraw the proposal to delist P. glabra var. 
lanaiensis, we use the commonly understood biological definition of 
``extinction'' as meaning that no living individuals of the species 
remain in existence. A determination of extinction will be informed by 
the best available information to indicate that no individuals of the 
species remain alive, either in the wild or captivity. This is in 
contrast to ``functional extinction,'' where individuals of the species 
remain alive, but the species is no longer viable

[[Page 71522]]

and/or no reproduction will occur (e.g., any remaining females cannot 
reproduce, only males remain, etc.).
    In our analyses, we attempt to minimize the possibility of either 
(1) prematurely determining that the species is extinct where 
individuals exist but remain undetected, or (2) assuming the species is 
extant when extinction has already occurred. Our determination of 
whether the best available information indicates that the species is 
extinct includes an analysis of the following criteria: detectability 
of the species, adequacy of survey efforts, and time since last 
detection. All three criteria take into account applicable aspects of 
the species' life history. Other lines of evidence may also support the 
determination and be included in our analysis.
    In conducting our analysis of whether P. glabra var. lanaiensis is 
extinct, we considered and thoroughly evaluated the best scientific and 
commercial data available. We reviewed the information available in our 
files, and other available published and unpublished information, 
including information from recognized experts; Federal, State, and 
Tribal governments; academic institutions; foreign governments; private 
entities; and other members of the public.
    The 5-year reviews of P. glabra var. lanaiensis contain more 
detailed biological information. This supporting information can be 
found on the internet at https://www.regulations.gov under Docket No. 
FWS-R1-ES-2020-0104. The following information summarizes the analysis 
for P. glabra var. lanaiensis.

Summary of Biological Status and Threats

Information on Detectability, Survey Effort, and Time Since Last 
Detection

Species Detectability
    Phyllostegia glabra var. lanaiensis is a short-lived perennial 
herb. This taxon differs from the other variety by its longer calyces 
and narrowly lanceolate leaves, suggesting that flowers should be 
present in order to confirm identification. Most congeners (an organism 
belonging to the same taxonomic genus as another organism) tend to 
flower year-round, with peak flowering from April through June, 
indicating that it would be easier to detect and confirm the species 
during this time period.
Survey Effort
    The PEPP surveys and monitors rare plant species on Lanai; 
botanical surveys are conducted on a rotational basis, based on the 
needs for collections and monitoring. Opportunistic surveys are also 
conducted when botanists are within the known range and suitable 
habitat when other work brings them to that area. No observations of P. 
glabra var. lanaiensis have been reported since 1914. By 2012, PEPP 
determined that this variety was likely extirpated (PEPP 2012, p. 45), 
with very little chance of rediscovery due to the restricted known 
range, thorough search effort, and extent of habitat degradation. 
However, botanists were still searching for this taxon on any surveys 
in or near its last known location and other suitable habitat, 
including in January 2019 (Oppenheimer 2019, in litt.). In 2021, a new 
population for each of two other endangered plant taxa, Cyanea lobata 
ssp. baldwinii and C. gibsonii, were surprisingly discovered in gulches 
(deep ravines), where these species had not recently been known to 
occur, in small pockets of remnant native habitat within larger 
disturbed habitat. C. gibsonii is a known associated species of P. 
glabra var. lanaiensis. In January 2022, additional pockets of remnant 
native habitat were discovered on the slopes of Kaiholena gulch, where 
P. glabra var. lanaiensis had previously been known, and new locations 
for a third endangered plant, Pleomele fernaldii, were discovered. 
These pockets were observed from afar during survey efforts within the 
gulch bottom, and additional surveys are needed to identify and search 
these pockets within the lowland wet-mesic forest in this area, as well 
as in adjacent gulches.
Time Since Last Detection
    All P. glabra identified since 1914 have been determined to be P. 
glabra var. glabra, and, therefore, P. glabra var. lanaiensis has not 
been detected since 1914.
Analysis
    Threats to the species included habitat degradation and herbivory 
by feral ungulates such as axis deer (Axis axis), the establishment of 
ecosystem-altering invasive plant species, and the consequences of 
small population sizes. Historically, much of the native vegetation on 
Lanai was altered by early land practices with the ranching of cattle 
and sheep, clearing for pineapple cultivation, and introduction of 
other feral animals such as goats and deer (USFWS 1990, pp. 38239-
38240). While many of these foreign introduced animals have been 
removed from the island, habitat degradation and predation due to 
animals such as axis deer remain a threat.
    Since the 1990s, several species of exotic plants have become 
common on the summit and in the gulches and valleys of Lanai. 
Strawberry guava (Psidium cattleianum) is most common on the northern 
end of Lanaihale (the highest point of the island of Lanai), firebush 
(Myrica faya) is most common on the south end, and manuka (Leptospermum 
scoparium) has spread throughout the island (USFWS 2020, p. 11). Kahili 
ginger (Hedychium gardnerianum) is common on some of the valley floors, 
as in Kaiholena Gulch, for instance, while koa haole (Leucaena 
leucocephala), lantana (Lantana camara), and sourbush (Pluchea 
carolinensis) also are aggressive invaders. These weedy plants are more 
aggressive than the native species and more successfully compete for 
water, minerals, space, and light. In the drier areas, broomsedge 
(Andropogon virginicus) and Guinea grass (Megathyrsus maximus) are the 
dominant exotic species (USFWS 2020, p. 11). Not only do these species 
replace native plants, but they are a source of fuel, increasing the 
potential threat of fire in the area.
    Despite repeated surveys of historical and suitable habitat by 
botanists from 2006 through 2019, P. glabra var. lanaiensis has not 
been found since 1914 (PEPP 2012, p. 45; Oppenheimer 2019, in litt.). 
In 2012, PEPP reported that P. glabra var. lanaiensis was likely 
extinct. In 2019, the species was included on the list of possibly 
extinct Hawaiian vascular plant taxa (Wood et al. 2019, p. 11). Since 
2019, however, new surveys have indicated that several endangered 
species have persisted in small pockets of remnant native forest within 
largely degraded habitat. Due to the presence and location of these 
pockets, as well as the associated species observed to date, we 
conclude that additional surveys should be conducted for this taxon.
Summary of Analysis
    At the time of its listing in 1991, P. glabra var. lanaiensis had 
not been detected in over 75 years. Since its last detection in 1914, 
botanical surveys have not detected the species. Available information 
indicates that, while there are currently no known individuals of the 
species, suitable habitat consisting of small patches of native forest 
on steep slopes of gulches may provide refuge for individuals of this 
taxon. These small remnant native forest patches, especially in steeper 
locations along slopes of gulches where this taxon had previously been 
observed, may offer some escape from direct feral ungulate damage when 
animals cannot traverse

[[Page 71523]]

some small, extremely steep microsites. Additional surveys are needed 
for this taxon before we can conclude it is extinct. Therefore, we are 
withdrawing our proposed rule to remove P. glabra var. lanaiensis from 
the List of Endangered and Threatened Plants.

References Cited

    A complete list of references cited in this document is available 
on the internet at https://www.regulations.gov at Docket No. FWS-R1-ES-
2020-0104 and upon request from the Pacific Islands Fish and Wildlife 
Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this document are the staff members of the 
Branch of Delisting and Foreign Species, Ecological Services Program, 
and Pacific Islands Fish and Wildlife Office.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-22376 Filed 10-16-23; 8:45 am]
BILLING CODE 4333-15-P