[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17902-17981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04588]



[[Page 17901]]

Vol. 89

Tuesday,

No. 49

March 12, 2024

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for 12 Species on Hawai`i Island; Final Rule

  Federal Register / Vol. 89 , No. 49 / Tuesday, March 12, 2024 / Rules 
and Regulations  

[[Page 17902]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2023-0017; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BG65


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for 12 Species on Hawai`i Island

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for 12 federally endangered species on the island of 
Hawai`i under the Endangered Species Act of 1973 (Act), as amended. In 
total, approximately 119,326 acres (48,289 hectares) on the island of 
Hawai`i, in the State of Hawaii, fall within the boundaries of the 
critical habitat designation. This rule extends the Act's protections 
to these species' designated critical habitats.

DATES: This rule is effective April 11, 2024.

ADDRESSES: This final rule is available on the internet at https://www.regulations.gov under Docket No. FWS-R1-ES-2023-0017 and at https://www.fws.gov/project/critical-habitat-hawaii-island-species. Comments 
and materials we received are available for public inspection at 
https://www.regulations.gov under Docket No. FWS-R1-ES-2023-0017.
    Availability of supporting materials: Supporting materials we used 
in preparing this rule, such as the draft recovery plan, 5-year status 
reviews, and other materials relating to this critical habitat 
designation, including coordinates or plot points or both from which 
the maps are generated, are available at https://www.regulations.gov 
under Docket No. FWS-R1-ES-2023-0017.

FOR FURTHER INFORMATION CONTACT: Earl Campbell, Project Leader, U.S. 
Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 
300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; telephone 808-
792-9400. 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: 

Executive Summary

    Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et 
seq.), to the maximum extent prudent and determinable, we must 
designate critical habitat for any species that we determine to be an 
endangered or threatened species. Making a critical habitat 
determination can be completed only by issuing a rule through the 
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
    What this document does. This rule designates approximately 119,326 
acres (ac) (48,289 hectares (ha)) as critical habitat for 12 federally 
endangered species (11 plants, 1 insect) on the island of 
Hawai[revaps]i in the State of Hawai`i.
    The basis for our action. Under section 4(a)(3) of the Act, if we 
determine that a species is an endangered or threatened species, the 
Secretary of the Interior (Secretary) must designate critical habitat 
to the maximum extent prudent and determinable. Section 3(5)(A) of the 
Act defines critical habitat as (i) the specific areas within the 
geographical area occupied by the species, at the time it is listed, on 
which are found those physical or biological features (I) essential to 
the conservation of the species and (II) which may require special 
management considerations or protection; and (ii) specific areas 
outside the geographical area occupied by the species at the time it is 
listed, upon a determination by the Secretary that such areas are 
essential for the conservation of the species. Section 4(b)(2) of the 
Act states that the Secretary must make the designation on the basis of 
the best scientific data available and after taking into consideration 
the economic impact, the impact on national security, and any other 
relevant impacts of specifying any particular area as critical habitat.

Previous Federal Actions

    Please refer to the proposed and final listing rules (77 FR 63928, 
October 17, 2012; 78 FR 64638, October 29, 2013) and proposed critical 
habitat rule (88 FR 18756, March 29, 2023) for a detailed description 
of previous Federal actions concerning the species addressed in this 
final rule.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing actions under the Act, we solicited independent scientific 
review of the information contained in the proposed critical habitat 
rule (88 FR 18756, March 29, 2023). We sent the proposed rule to five 
independent peer reviewers and received three separate peer reviewer 
responses. The peer reviews can be found at https://www.regulations.gov. We incorporated the results of these reviews, as 
appropriate, into this final rule. A summary of the peer review 
comments and our responses can be found under Summary of Comments and 
Recommendations, below.

Summary of Changes From the Proposed Rule

    After considering the comments we received during the public 
comment period on our March 29, 2023, proposed rule to designate 
critical habitat for the 12 federally endangered species on the island 
of Hawai[revaps]i (88 FR 18756) and relevant information that became 
available since the proposed rule published, we made changes to this 
final critical habitat rule. No changes were required for our economic 
analysis after considering public comments; thus, we finalized the 
economic analysis of the designation. We made many small, 
nonsubstantive changes and corrections throughout this document that do 
not affect the designation (e.g., updating the Background discussion in 
this rule's preamble in response to comments, and making other minor 
clarifications). Below is a summary of changes made in this final rule; 
please note that an explanation of plant sections and their correlation 
to designated critical habitat units for the plants that are the 
subjects of this rule is provided under Final Critical Habitat 
Designation, below.
    (1) We make minor clarifications and elaborate on our rationale for 
concluding in our proposed rule (88 FR 18756, March 29, 2023) that the 
designation of critical habitat is not prudent at this time for 
Pritchardia lanigera (loulu) and Vetericaris chaceorum (anchialine pool 
shrimp).
    (2) We correct the range information for Cyrtandra wagneri to 
include only the Mauna Kea region, resulting in the removal of all 
unoccupied critical habitat units for this species. Specifically, this 
designation does not include critical habitat for C. wagneri that we 
proposed in units 23, 24 (Sections 8 and 9), 28, 29, 30, 42, 43, 44, 
45, 46, and 51. The critical habitat we are designating for C. wagneri 
in this rule includes only two occupied units:

[[Page 17903]]

units 3 and 52 in Section 1. This is a decrease of approximately 72,469 
ac (29,328 ha) from the critical habitat we proposed for C. wagneri on 
March 29, 2023 (88 FR 18756). However, because all of the unoccupied 
critical habitat units that we proposed for C. wagneri are also 
occupied by other plants for which we are designating critical habitat 
in this rule, not designating these units for C. wagneri does not 
change the total area designated as critical habitat in this rule.
    (3) We remove the proposed Drosophila digressa--Unit 6 from this 
final designation; however, this same area was proposed, and remains in 
this final rule, as designated critical habitat for Cyanea marksii, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Stenogyne cranwelliae in Section 6, units 16 and 40.
    (4) We revise the critical habitat designation to add a new unit 
for Drosophila digressa (a new Drosophila digressa--Unit 6), based on 
new information we received in peer review comments regarding recent 
surveys in South Kona. Within the same boundaries of the new Drosophila 
digressa--Unit 6, we created a new plant Section 20 that contains Unit 
56 for Cyanea marksii and Schiedea diffusa ssp. macraei. The new unit 
(Drosophila digressa--Unit 6, and Unit 56 for Cyanea marksii and 
Schiedea diffusa ssp. macraei) results in an increase of 224 ac (91 ha) 
of delineated critical habitat from the areas we proposed.
    (5) Pursuant to section 4(b)(2) of the Act (16 U.S.C. 1533(b)), in 
this final designation, we exclude lands in 12 areas in 7 units owned 
by the following entities: the Kamehameha Schools; Parker Ranch 
Waipunalei, LLC; Parker Ranch Waiemi, LLC; State Department of Hawaiian 
Home Lands; Laup[amacr]hoehoe Nui; Kahua Ranch; and Queen Emma 
Foundation. This amounts to a decrease of approximately 3,172 ac (1,284 
ha) from the critical habitat areas we proposed.
    (6) We do not exclude The Nature Conservancy's land in Section 13 
(Unit 41 for Cyanea tritomantha, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae) 
and Drosophila digressa--Unit 5 based on information we received from 
public comments. This area of approximately 986 ac (399 ha) is 
designated as critical habitat in this final rule.
    (7) In the March 29, 2023, proposed rule (88 FR 18756), we 
erroneously included 125 ac (51 ha) as part of plant Section 8, Unit 
24, even though those acres actually belonged in plant Section 8, Unit 
44. We correct that error in this final rule by transferring in our 
acreage totals 125 ac (51 ha) from Unit 24 to Unit 44 in plant Section 
8.
    (8) In the March 29, 2023, proposed rule (88 FR 18756), we 
erroneously included 469 ac (190 ha) as part of plant Section 11, Unit 
30, even though those acres actually belonged in plant Section 11, Unit 
51. We correct that error in this final rule by transferring in our 
acreage totals 469 ac (190 ha) from Unit 30 to Unit 51 in plant Section 
11.
    (9) We made minor adjustments to the elevations we provided in the 
proposed rule related to the different ecosystem types which we used to 
determine the physical or biological features essential to each of the 
12 species. We made these adjustments in this final rule to mirror 
exactly the elevations given in the scientific literature source from 
which each was derived. Specifically, we more accurately report: the 
elevation of the coastal ecosystem as less than 984 feet (ft) (300 
meters (m)), instead of rounding to less than 980 ft; the elevation of 
the mesic forest as less than 6,562 ft (2,000 m), instead of rounding 
to less than 6,600 ft; the elevation of wet forest as less than 7,218 
ft (2,200 m), instead of rounding to less than 7,300 ft; the elevation 
of mesic grassland and shrubland as 98 ft to 7,546 ft (30 to 2,300 m), 
instead of rounding to 100 ft to 7,500 ft; and the elevation of wet 
grassland and shrubland as 656 ft to 2,953 ft (200 to 900 m), instead 
of rounding to 660 ft to 2,950 ft.
    (10) There are minor differences in area measurements reported in 
our March 29, 2023, proposed rule (88 FR 18756) compared to this final 
rule due to digital mapping discrepancies between Tax Map Key (TMK) 
parcel Geographic Information System (GIS) data (Hawaii Statewide GIS 
Program 2022, entire) and the National Oceanic and Atmospheric 
Administration's (NOAA's) Coastal Change Analysis Program coastline 
data (Office for Coastal Management 2023, entire). Additionally, we 
received updated TMK parcel GIS data from Hawaii County that resulted 
in a 23-ac (9-ha) discrepancy for Parker Ranch lands in this final rule 
when compared to the acreages presented in our March 29, 2023, proposed 
rule. As a result, we identified that we were considering for exclusion 
349 ac (141 ha) of Parker Ranch land in Section 3, Unit 54, in the 
proposed rule, but that updated acreage which we exclude in the final 
rule is 372 ac (150 ha). Further, minor differences (1 to 2 acres or 
hectares) in areas reported between the proposed rule and this final 
rule may exist as an artifact of summing, rounding, and conversion from 
acreage to hectarage.
    (11) We removed 4 ac (2 ha) from the proposed plant Section 2, Unit 
53 and plant Section 8, Unit 44, in this final rule. These 4 ac (2 ha) 
consisted of small slivers, ranging in size from less than 0.01 ac (0 
ha) to 1.09 ac (0.4 ha), that had been part of the proposed designation 
in Unit 53 and Unit 44. However, once we excluded the Kamehameha 
Schools land from Unit 53 and Unit 44 in the final designation, these 
slivers were left because the base layer and TMK layer did not align 
with each other after the removal of the Kamehameha Schools exclusion. 
This misalignment of the base layer and TMK layer is due to digital 
mapping discrepancies, and the slivered 4 ac (2 ha) left over as a 
result of this spatial analysis are artifacts of these discrepancies 
rather than real acres of land that are being included or excluded as 
part of the critical habitat designation.
    Beyond those changes, this critical habitat designation is 
unchanged from what we proposed on March 29, 2023 (88 FR 18756).

Summary of Comments and Recommendations

    In the proposed critical habitat rule published on March 29, 2023 
(88 FR 18756), we requested that all interested parties submit written 
comments on the proposal by May 30, 2023. We also contacted appropriate 
Federal and State agencies, scientific experts and organizations, and 
other interested parties and invited them to comment on the proposal. 
Digital newspaper notices inviting general public comment were 
published by Pacific Media Group, covering the communities of Maui and 
Hawai`i Island, as well as a radio and television broadcast airing on 
Hawai`i Public Radio and Hawai`i News Now, respectively. We held a 
public hearing on April 20, 2023. All substantive information we 
received during the comment period, as described above, on the proposal 
has either been incorporated directly into this final rule or is 
addressed below.

Peer Reviewer Comments

    As noted above in Peer Review, we received comments from three peer 
reviewers on the proposed rule. We reviewed all comments we received 
from the peer reviewers for substantive issues and new information 
regarding the species and their habitats. The peer reviewers generally 
concurred with our designations of critical habitat and conclusions, 
and provided additional information, clarifications, and

[[Page 17904]]

suggestions to improve the designation. The additional details and 
information received or raised by the peer reviewers have been 
incorporated into this final rule, as appropriate. Peer reviewer 
comments are addressed in the following summary.
    (1) Comment: One reviewer provided information regarding habitat 
conditions that do not support Drosophila digressa in 
K[imacr]p[amacr]hoehoe Natural Area Reserve in Drosophila digressa--
Unit 6.
    Our response: The K[imacr]p[amacr]hoehoe Natural Area Reserve was 
not occupied by Drosophila digressa at the time of listing. Based on 
the information available at the time of our proposed critical habitat 
designation, this area appeared to contain the physical or biological 
features essential to the conservation of the species, and we therefore 
included it in our proposed designation. The commenter provided 
information on the habitat conditions of K[imacr]p[amacr]hoehoe Natural 
Area Reserve in Drosophila digressa--Unit 6 that were not available to 
us at the time we proposed critical habitat. After we reviewed the new 
information provided by the commenter, we agree that the wet to mesic 
forest there does not support the host plants for D. digressa, and that 
the younger lava flows outside of the k[imacr]puka (vegetated areas 
surrounded by bare lava flows) are unsuitable for the host plants of D. 
digressa. Because the new information indicates that the area likely 
does not contain the host plants for D. digressa, and is therefore 
unsuitable for D. digressa, we removed the proposed Drosophila 
digressa--Unit 6 from this final critical habitat designation.
    (2) Comment: One reviewer suggested that additional critical 
habitat should be designated for a new population of Drosophila 
digressa discovered in 2022 in lower Honomalino Forest Reserve within 
existing plant critical habitat unit Hawaii 17--Asplenium dielerectum--
a and Hawaii 17--Flueggea neowawraea--a (see 50 CFR 17.99(k) and 68 FR 
39624 at 39740-39741, July 2, 2003).
    Our response: In our March 29, 2023, proposed critical habitat rule 
(88 FR 18756), we requested from the public any new information 
regarding additional areas occurring within the range of each species 
that should be included in our critical habitat designation because 
they were occupied at the time of listing and contain the physical or 
biological features essential to the conservation of the species. The 
commenter provided new information on a population of Drosophila 
digressa that was unknown to the Service at the time we delineated the 
proposed critical habitat designation (Magnacca 2023a, pers. comm.; 
Magnacca 2023b, pers. comm.). We expect that this D. digressa 
population was present at the time the species was listed because the 
location of this population contains suitable habitat for D. digressa, 
is protected as State Forest Reserve land, and is within the known 
range of the species. However, because this area was previously 
unsurveyed, the population was not discovered until surveyed in 2022. 
We considered the commenter's suggestion to add the new population of 
D. digressa to the area currently designated as plant critical habitat 
unit Hawaii 17--Asplenium dielerectum--a and Hawaii 17--Flueggea 
neowawraea--a (see 50 CFR 17.99(k)), but we determined that the newly 
discovered D. digressa population does not overlap with that existing 
critical habitat. However, after reviewing the information on the new 
population provided by the commenter and applying our critical habitat 
delineation methodology (as described under Criteria Used To Identify 
Critical Habitat in our March 29, 2023, proposed critical habitat rule 
(88 FR 18756 at 18765-18767)), we determined that the new D. digressa 
population area meets the criteria for designation as critical habitat. 
Therefore, in this rule, we designate a new critical habitat unit in 
South Kona named Drosophila digressa--Unit 6, as described above in 
Summary of Changes from the Proposed Rule and detailed below. (Note 
that this new Drosophila digressa--Unit 6 replaces the proposed 
Drosophila digressa--Unit 6, which we discuss above in our response to 
(1) Comment.)
    Additionally, we applied our critical habitat delineation 
methodology to the new Drosophila digressa--Unit 6 in South Kona and 
found that it also meets the criteria for two plant species included in 
this rule, Cyanea marksii and Schiedea diffusa ssp. macraei. Using the 
same boundaries of the Drosophila digressa--Unit 6, we created a new 
plant Section 20, which contains Unit 56 for Cyanea marksii and 
Schiedea diffusa ssp. macraei. The new unit (Drosophila digressa--Unit 
6, and Unit 56 for Cyanea marksii and Schiedea diffusa ssp. macraei) is 
224 ac (91 ha) and consists of State-owned lands.
    (3) Comment: One reviewer provided additional information and 
commented that Cyrtandra wagneri should be added to Unit 54 because the 
species was found in the Kohala Mountains as of 2009.
    Our response: The reviewer did not provide specific information on 
the current status of Cyrtandra wagneri in Unit 54, except for photos 
of the observed plant. We asked a State of Hawaii botanist to review 
the photographs provided by the reviewer, and they noticed a slight 
difference in the flower structure of the photographed plant from that 
of C. wagneri, which they thought suggested that the plant in the 
photograph was most likely a hybrid or another species of Cyrtandra. We 
reviewed the best available information describing the occurrences and 
physical or biological features essential to the conservation of C. 
wagneri in this unit and found no records in our database indicating 
that C. wagneri occurred in the Kohala Mountains. Our species range map 
for C. wagneri does not include the Kohala Mountains; therefore, this 
occurrence is outside the known range of C. wagneri. In 
Laup[amacr]hoehoe, where C. wagneri naturally occurs, C. wagneri has 
been documented to hybridize with the endangered Cyrtandra 
tintinnabula. The Service and the State no longer have access to survey 
this area, and, at this time, the best available information indicates 
that C. wagneri has become hybridized or been extirpated from Unit 54. 
Therefore, we do not designate Unit 54 as critical habitat for C. 
wagneri in this rule.

Federal Agency Comments

    (4) Comment: The U.S. Army at P[omacr]hakuloa Training Area (PTA) 
provided comments specific to the proposed critical habitat designation 
for Schiedea hawaiiensis in the Pu`u Anahulu region adjacent to the PTA 
(Unit 55). The Department of Defense (DoD) awarded Readiness and 
Environmental Protection Integration (REPI) Program grants to the State 
of Hawaii Division of Forestry and Wildlife (DOFAW) to implement 
conservation actions at Pu`u Anahulu, creating a Federal nexus for 
activities at Pu`u Anahulu that are implemented under REPI, requiring 
consultation under section 7(a)(2) of the Act. As a result, the 
commenter stated that these activities will likely increase their 
consultation workload. They also stated that because wildfire risk to 
the proposed critical habitat unit in Pu`u Anahulu is greater than that 
to Schiedea hawaiiensis and its habitat at the PTA installation, they 
would need to implement additional conservation measures to minimize 
wildfire risk to the proposed critical habitat unit as a result of 
military training at PTA. They also expressed concern that training 
restrictions may increase in comparison to those currently implemented 
or anticipated as part of the planned comprehensive programmatic

[[Page 17905]]

consultation for PTA. They stated that the additional economic and 
administrative burden (e.g., section 7 consultation) to the U.S. Army 
that would result from the proposed critical habitat at Pu`u Anahulu 
was not accounted for in the draft economic analysis.
    Our response: The Pu`u Anahulu area that the commenter refers to is 
a State of Hawaii Game Management Area within critical habitat Unit 55. 
As such, the critical habitat designation there will affect the DoD 
only for activities that they fund at Pu`u Anahulu through the REPI 
Program. Activities funded through the REPI Program would include 
wildland fire risk management conducted by the State of Hawaii that 
would provide a conservation benefit to Schiedea hawaiiensis. Due to 
the nature of these management actions, we anticipate any additional 
consultation burdens resulting from the Service's designation of Unit 
55 as critical habitat would be primarily administrative. Further, our 
understanding is that the DoD is already conducting and planning 
conservation measures to minimize wildfire risk as a result of military 
training at PTA both on and off of the installation, and that these 
measures would be no different than those that may apply to the new 
critical habitat in Unit 55. We will continue to work with the DoD's 
REPI Program to assist them in meeting their section 7 consultation 
requirements. Further, any additional future conservation measures to 
minimize wildfire risk to Unit 55 as a result of military training at 
the adjacent PTA will depend upon the U.S. Army's proposed action as 
described in their upcoming biological assessment.

State Agency Comments

    (5) Comment: The State of Hawaii DOFAW questioned why the lands of 
Pu`u Anahulu in Unit 55 are being designated, as these lands constitute 
a Game Management Area and have a draft habitat conservation plan that 
covers management of the area. Additionally, the State mentioned that 
DoD's REPI Program is funding fencing, fuels management, and seed 
collection/banking for all known rare species in the area and is 
concerned that additional compliance measures may be required if 
critical habitat is designated.
    Our response: As described in our March 29, 2023, proposed rule, we 
delineated critical habitat areas based on the defined methodology and 
identified areas that contain the physical or biological features 
essential to the conservation of the species. While Section 19, Unit 55 
is within a Game Management Area, the area contains the physical or 
biological features essential to the conservation of Schiedea 
hawaiiensis. The characteristics of Section 19 are described under 
Descriptions of Critical Habitat, below. Additionally, existing 
conservation actions being led by DOFAW that occur within Section 19 
contribute to the conservation of S. hawaiiensis habitat despite the 
area's categorization as a Game Management Area.
    The most recent draft habitat conservation plan (HCP) for game 
management at Pu`u Wa`awa`a and Pu`u Anahulu was published on August 
14, 2017, as a ``working document.'' The DOFAW last received funding 
under section 6 of the Act from the Service's habitat conservation 
planning assistance program in 2011 to complete the final HCP, which 
was not completed (Hawaii Department of Land and Natural Resources 
(DLNR)-DOFAW 2017, entire). We met with DOFAW during the March 29, 
2023, proposed rule's (88 FR 18756) comment period to discuss planned 
actions for the Pu`u Anahulu area, and they indicated that planned 
actions would support the habitat for Schiedea hawaiiensis and other 
native at-risk species. However, apart from these planned actions, we 
confirmed with DOFAW that development of the draft game management HCP 
was discontinued. According to DOFAW and our records, there is 
currently no support to continue developing the draft HCP or game 
management plan. In regard to REPI, we acknowledge the importance of 
the conservation actions that will benefit rare species and their 
habitats resulting from the DoD's REPI Program funding to DOFAW for 
conservation actions in the Pu`u Anahulu area. As such, we are working 
with DoD's REPI Program to assist them in meeting their section 7 
consultation requirements, independent of the potential HCP.
    The Service is not relieved of its statutory obligation to 
designate critical habitat based on the contention that such 
designation will not provide additional conservation benefit or because 
adequate protections are already in place (see Special Management 
Considerations or Protection, below). If any area provides the physical 
or biological features essential to the conservation of the species, 
even if that area is already well managed or protected, that area still 
qualifies as critical habitat under the statutory definition.
    (6) Comment: The State of Hawaii DOFAW stated that plant Section 18 
(Unit 50 for Cyrtandra nanawaleensis, in the Halepua`a Section of the 
N[amacr]n[amacr]wale Forest Reserve) is severely degraded and unlikely 
to support any more remnant Cyrtandra nanawaleensis. They stated that 
the most recent monitoring of that location indicated that very few 
plants remain, despite protections from pigs.
    Our response: When the October 29, 2013, final listing rule for 
Cyrtandra nanawaleensis was published (78 FR 64638), the Halepua`a 
section of the N[amacr]n[amacr]wale Forest Reserve was one of five 
known occurrences for this species. As directed by the Act, we proposed 
as critical habitat those areas occupied by the species at the time of 
listing that contain the physical or biological features essential to 
the conservation of the species and which may require special 
management considerations or protection. At this time, the best 
available information indicates that C. nanawaleensis occupied plant 
Section 18 (Unit 50 for Cyrtandra nanawaleensis) at the time of 
listing. In addition, the best available information, which includes 
the most recent 5-year review for C. nanawaleensis (Service 2020, pp. 
9-10), indicates that plant Section 18 is still occupied and contains 
the physical or biological features essential to the conservation of 
the species. Therefore, we are designating Unit 50 as critical habitat 
for Cyrtandra nanawaleensis in this rule.
    (7) Comment: The State of Hawaii DOFAW stated that they are not 
aware of Schiedea hawaiiensis occurring on State-owned lands in plant 
Section 19 (Unit 55). They questioned why critical habitat is being 
designated on State lands in this parcel, but not on Federal lands 
where Schiedea hawaiiensis is known to occur. They claim that the DoD 
has more protected lands with the species' suitable habitat type than 
exist on the adjacent State land, and that DoD activities pose one of 
the greatest threats--fire--as demonstrated by August 2022's boundary-
crossing Leilani fire.
    Our response: We agree that there are no known occurrences of 
Schiedea hawaiiensis on State-owned lands in Section 19 (Unit 55). We 
identified Section 19 (Unit 55) as unoccupied critical habitat for S. 
hawaiiensis. Unoccupied areas are needed for the expansion or 
augmentation of reduced populations or the reestablishment of 
populations. The Act specifically requires the Service to designate 
critical habitat for listed species to the maximum extent prudent and 
determinable and does not restrict such designation to particular land 
ownership. Rather, areas that meet the definition of critical habitat, 
as determined on the basis of the best scientific data available, are 
proposed

[[Page 17906]]

for designation. We are designating critical habitat for S. hawaiiensis 
only on State-owned lands in Section 19 (Unit 55) because the Federal 
lands (i.e., the P[omacr]hakuloa Training Area) where S. hawaiiensis 
occurs are exempt from the critical habitat designation in accordance 
with section 4(a)(3)(B)(i) of the Act (see Exemptions, below).
    Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) 
provides that the Secretary shall not designate as critical habitat any 
areas owned or controlled by the DoD that are subject to an integrated 
natural resources management plan (INRMP), if the Secretary determines 
that such a plan provides a benefit to the species for which critical 
habitat is proposed for designation. An INRMP integrates the military 
mission of the installation with stewardship of the natural resources 
found there and must provide benefits to wildlife and their habitats. 
The DoD's current INRMP at P[omacr]hakuloa Training Area (PTA) in plant 
Section 19 provides protection and enhancement of S. hawaiiensis and 
its habitat through management actions including, but not limited to, 
seed collection and storage, propagation and planting of cultivated 
plants, and ungulate fencing for protection of wild populations. We 
have determined that this INRMP provides conservation benefits to S. 
hawaiiensis; as such, the PTA lands are exempt from critical habitat 
designation in accordance with section 4(a)(3)(B)(i) of the Act. While 
we acknowledge the State lands adjacent to the PTA may be valuable to 
the conservation of S. hawaiiensis and other wildlife, the Act does not 
provide for exemptions outside of DoD lands (see Exemptions, below). 
Although State lands may qualify for exclusion under certain 
circumstances (see Consideration of Impacts under Section 4(b)(2) of 
the Act, below), we found no reason to identify the State lands 
adjacent to PTA as lands we were considering for exclusion in our March 
29, 2023, proposed rule, nor did we receive a request for their 
exclusion after publication of the proposed rule.
    (10) Comment: The State of Hawaii DOFAW stated that critical 
habitat plant Sections 4, 5, 6, 7, 8, 9, 11, 12, and 13 are not 
appropriate for the recovery of Schiedea diffusa ssp. macraei, 
Cyrtandra wagneri, and/or Stenogyne cranwelliae, because they are 
outside of the species' historical ranges.
    Our response: While the State of Hawaii may use a different method 
to define historical ranges, we do not agree that the critical habitat 
units we are designating are outside of the historical ranges of the 
species to which the commenter referred. We used U.S. Geological Survey 
(USGS) species' range maps (Price et al. 2012, unpaginated), which 
include not only sites of known occupancy, but also geospatially 
projected habitat likely to have been occupied by the species 
historically based on climatic and vegetation data. We applied the 
critical habitat delineation methodology (as described under Criteria 
Used To Identify Critical Habitat in our March 29, 2023, proposed 
critical habitat rule (88 FR 18756 at 18765-18767)) to each of the 
plant sections identified in the State's comment.
    As a result of this analysis, the Service is retaining in this 
designation the areas noted by the commenter. The Service's range maps 
for Schiedea diffusa ssp. macraei and Stenogyne cranwelliae overlap 
with these plant sections, and factors used to delineate the critical 
habitat boundaries for these species are consistent with our critical 
habitat methodology. These factors include information on known past 
and present locations of the species, landcover and ecosystem data 
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017, 
entire), recovery areas described by the species' draft recovery plan, 
projections of geographic ranges of Hawaiian plant species (Price et 
al. 2012, entire; Service 2022b-l, entire), and adequacy of habitat to 
allow for the larger populations needed to meet recovery goals (as 
described in the draft recovery plan (Service 2022a, entire)). We 
considered all of these factors to delineate the critical habitat 
boundaries for these species, and these areas are essential for the 
conservation of these species. As a result, in this final rule, we 
retain the designations of critical habitat for Schiedea diffusa ssp. 
macraei and Stenogyne cranwelliae in plant Sections 4, 5, 6, 8, 9, 11, 
12, and 13 as proposed.
    For information about plant Section 7, and our final critical 
habitat designation for Cyrtandra wagneri, see Summary of Changes from 
the Proposed Rule, above, and Final Critical Habitat Designation, 
below.
    (11) Comment: The State of Hawaii DOFAW recommended that Schiedea 
diffusa ssp. macraei not be removed from plant Section 3. The DOFAW 
stated that although the Schiedea diffusa from Kohala is actually the 
subspecies diffusa (confirmed by experts on the genera), and not 
Schiedea diffusa ssp. macraei, this has not been formally recognized.
    Our response: We agree that critical habitat for Schiedea diffusa 
ssp. macraei should be designated in Section 3 (Units 8, 9, and 54). 
The additional information provided is reliable and the best available 
information; therefore, we include the information provided by the 
commenter in this final critical habitat designation. No change is 
necessary to Section 3 (Units 8, 9, and 54), as the relevant units are 
designated as critical habitat for Schiedea diffusa ssp. macraei in 
this final rule.
    (12) Comment: The State of Hawaii commented that although Schiedea 
diffusa ssp. macraei is not known from the geographic area of plant 
Section 1 (Units 3 and 52), it is an area that supports high-quality 
habitat that hosts a similar suite of species found near the historical 
location for Schiedea diffusa ssp. macraei and could be a potential 
introduction site.
    Our response: In our March 29, 2023, proposed rule, we proposed 
plant Section 1 (Units 3 and 52) as critical habitat for Schiedea 
diffusa ssp. macraei along with several other plants. The type 
collection by Macrae in 1825 of Schiedea diffusa ssp. macraei appears 
to have come from the slopes of Mauna Kea; however, no individuals have 
been collected from Mauna Kea in recent times (Wagner et al. 2005a, p. 
106). We included the information provided by the commenter in this 
final rule. No change is necessary to Section 1 (Units 3 and 52), as 
the relevant units are designated as critical habitat for Schiedea 
diffusa ssp. macraei in this final rule.
    (13) Comment: The State of Hawaii DOFAW commented that they support 
designating critical habitat but stated that the process could be 
improved by incorporating a slightly more detailed assessment of 
habitat quality, potential for habitat protection and ecosystem 
restoration, suitability as remnant habitat, and potential as 
reintroduction areas, as well as species' history and distribution. In 
addition, they state that targeted outreach to private landowners and 
increased collaboration could be beneficial.
    Our response: As described in the March 29, 2023, proposed rule, 
within areas where we have information regarding species' observation 
and distribution, annual precipitation, elevation, soil, substrate, 
associated native plant genera, landcover and ecosystem data, and 
projections of species' geographic ranges, we included that information 
in our analysis. We considered the best available information and the 
physical or biological features essential to the conservation of each 
species in the critical habitat designation. We met with private 
landowners to help explain this critical habitat designation. We 
provided information about our compilation of available information on

[[Page 17907]]

species and habitat areas on Hawai`i Island, and requested updated 
information from landowners. We reviewed and incorporated new 
information from these meetings into this final rule. We acknowledge 
that the State has been a strong collaborator in developing our 
critical habitat areas, and we look forward to continued engagement.

Public Comments

    (14) Comment: One commenter requested clarification on the 
exclusion policy and further justification for not including exempted 
areas.
    Our response: Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 
1533(a)(3)(B)(i)) provides that critical habitat is exempted on areas 
owned or controlled by the DoD that are subject to an integrated 
natural resources management plan prepared under 16 U.S.C. 670a that 
provides benefit to the listed species under consideration for critical 
habitat designation. In addition, an area may be excluded from critical 
habitat under section 4(b)(2) of the Act based on economic impacts, 
impacts on national security, or any other relevant impacts, if the 
benefits of the exclusion outweigh the benefits of inclusion as 
critical habitat and the failure to designate the area as critical 
habitat will not result in the extinction of the species (see 50 CFR 
424.19 and 81 FR 7226, February 11, 2016). Details about exemptions and 
exclusions, and justification for those relevant to this critical 
habitat designation, can be found below under Exemptions and 
Consideration of Impacts under Section 4(b)(2) of the Act.
    (15) Comment: One commenter stated that the greatest risk and 
current threat to the palm (Pritchardia lanigera) are rats that consume 
seeds, thereby hindering palm reproduction, and that collection is not 
a threat to the palm.
    Our response: Pritchardia lanigera is easy to identify and may be 
attractive to collectors of rare palms for personal use, for trade, or 
for sale (Shirey et al. 2013, pp. 301-302). Several nurseries advertise 
and sell Pritchardia palms, including P. lanigera and other federally 
listed Pritchardia species, indicating that Pritchardia are attractive 
to some collectors. Collection is a threat to P. lanigera that would 
likely increase if we were to designate critical habitat for the 
species, as such designation would aid collectors in locating 
occurrences of the species (Shirey et al. 2013, p. 307; Weisenberger 
2023, pers. comm.). Therefore, the designation of critical habitat for 
Pritchardia lanigera is not prudent due to the threat of collection.
    (16) Comment: One commenter disagreed with the not-prudent critical 
habitat determination for Vetericaris chaceorum. When the Service 
listed V. chaceorum as endangered, overcollection for commercial and 
recreational purposes was not listed as a threat to the species. The 
commenter stated that V. chaceorum has only been documented in two 
specific locations, which have already been identified in the species' 
listing, have already been disclosed in the Federal Register, and are 
found easily online.
    Our response: Vetericaris chaceorum is one of several different 
species and taxon of Hawaiian anchialine pool shrimp and is the largest 
of the anchialine pool shrimp found in Hawai[revaps]i (Yamamoto et al. 
2015, p. 40). Anchialine pools are sensitive discrete ecosystems, and a 
single pool system can be home to many different species of anchialine 
pool shrimp.
    We agree with the commenter that we did not cite overcollection as 
a threat to V. chaceorum when we listed it as endangered (78 FR 64638; 
October 29, 2013, pp. 63978-63978). However, after listing V. 
chaceorum, new information has become available highlighting a new 
threat in the form of collection and overutilization, as described in 
our proposed rule (88 FR 18756, March 29, 2023). Coincidentally after 
listing V. chaceorum, popularity in the aquarium trade of another 
Hawaiian anchialine shrimp species, Halocaridina rubra, commonly called 
the Hawaiian red shrimp or volcano shrimp, has increased worldwide 
(Yamamoto et al. 2015, p. 83). This increase in collection activities 
of H. rubra has resulted in a risk to V. chaceorum, due to these two 
species sharing a similar appearance and habitat preferences. The 
shrimp that are being harvested are primarily H. rubra, which is not 
endangered, but as the popularity of this business increases there is 
risk that the endangered V. chaceorum may either intentionally or 
accidentally be harvested and become part of the aquarium trade. 
Collectors may target V. chaceorum due to its similar appearance, 
rarity, and aesthetic, or collectors attempting to harvest the H. rubra 
that occur in the same pools as V. chaceorum may accidentally harvest 
both species (Sakihara 2012, entire). Because this shrimp is so rare, a 
single person with a hand-net could do irreparable damage to a 
population of V. chaceorum (Yamamoto 2015, pers. comm.).
    Although more than 400 of the estimated 520 to 560 anchialine pool 
habitats have been surveyed on the island of Hawai[revaps]i, V. 
chaceorum has only been documented from two locations, indicating that 
this species has a very limited range, likely due to its behavior and 
salinity preferences (see 78 FR 64638, October 29, 2013). While general 
occurrence locations were included in the October 29, 2013, rule 
listing V. chaceorum as an endangered species, specifically defining 
occupied areas by geographic coordinates through a critical habitat 
designation may pose a risk to V. chaceorum by causing increased 
unauthorized collection by individuals seeking Halocaridina rubra, a 
prey source for V. chaceorum.
    (17) Comment: The Nature Conservancy stated the Service should have 
designated as critical habitat areas occupied by Drosophila digressa in 
mesic forest below Kona Hema Preserve at Honomalino, and at 
K[imacr]puka Punahou.
    Our response: We have reviewed the new information provided by the 
commenter, as well as similar information provided by a peer reviewer, 
regarding Drosophila digressa occurrences, and we evaluated the areas 
for inclusion in this critical habitat designation. The Nature 
Conservancy's suggestion regarding Honomalino is supported by 
information provided by one peer reviewer, as described above in 
Summary of Changes from the Proposed Rule. We have determined that the 
Honomalino area the commenter suggested for inclusion should be 
included in this critical habitat designation, and we include it in 
this designation as a new Drosophila digressa--Unit 6. The area is 
occupied by D. digressa as a new population discovered in 2022, has at 
least one physical or biological feature essential to the conservation 
of D. digressa, and may require special management considerations or 
protection.
    We do not, however, include Kipuka Punahou, which is also known as 
K[imacr]puka 9 located along Saddle Road, in this designation. The 
commenter did not provide any information to indicate that this area is 
currently occupied by Drosophila digressa, and the best available 
information indicates that the species was last observed in this area 
in 1986 (Hawaii Natural Heritage Program 2011, in litt.). Further, 
because of the lack of breeding substrate in the area, an individual 
Drosophila digressa observed in K[imacr]puka Punahou would likely be a 
vagrant (Magnacca 2012, pers. comm., entire).

Background

    For species with Hawaiian common names, we prefer to, and will, 
include Hawaiian language spellings, including diacritical marks, to 
the degree possible and appropriate in the preambles of our Federal 
Register documents. For the

[[Page 17908]]

text to be codified in the Code of Federal Regulations (CFR), however, 
we will omit diacritical marks to ensure that no errors are 
inadvertently incorporated during the codification process.

Species Descriptions

    We provide a brief description for each of the 14 species addressed 
in this rule, below.
    Bidens hillebrandiana ssp. hillebrandiana 
(ko[revaps]oko[revaps]olau), a short-lived perennial herb in the 
sunflower family (Asteraceae), occurs only on the island of 
Hawai[revaps]i (Ganders and Nagata 1999, pp. 275-276). Historically, B. 
hillebrandiana ssp. hillebrandiana was known from two locations along 
the windward Kohala coastline, in the coastal and dry cliff ecosystems, 
often along rocks just above the ocean (Degener and Wiebke 1926, in 
litt.; Flynn 1988, in litt.).
    Cyanea marksii (haha), a short-lived perennial palmlike shrub in 
the bellflower family (Campanulaceae), is found only on the island of 
Hawai[revaps]i. Historically, C. marksii was known from the Kona 
district, in the lowland wet and montane wet ecosystems (Lammers 1999, 
p. 457; Hawai[revaps]i Biodiversity Mapping Program (HBMP) database 
2010b).xxxxxxx
    Cyanea tritomantha ([revaps]aku), a short-lived perennial palmlike 
shrub in the bellflower family (Campanulaceae), is known only from the 
island of Hawai[revaps]i (Pratt and Abbott 1997, p. 13; Lammers 2004, 
p. 89). Historically, this species was known from the windward slopes 
of Mauna Kea, Mauna Loa, Kilauea, and the Kohala Mountains, in the 
lowland wet, montane wet, and wet cliff ecosystems (Pratt and Abbott 
1997, p. 13).
    Cyrtandra nanawaleensis (ha[revaps]iwale), a short-lived perennial 
shrub or small tree in the African violet family (Gesneriaceae), is 
known only from the island of Hawai[revaps]i (Wagner and Herbst 2003, 
p. 29; Wagner et al. 2005b). Historically, C. nanawaleensis was known 
only from the lowland wet ecosystems in the Puna district (St. John 
1987, p. 500; Wagner et al. 1988, in litt.; HBMP 2010d).
    Cyrtandra wagneri (ha[revaps]iwale), a short-lived perennial shrub 
or small tree in the African violet family (Gesneriaceae), occurs only 
on the island of Hawai[revaps]i (Lorence and Perlman 2007, p. 357). 
Historically, C. wagneri was known in the lowland wet ecosystem along 
the northeast side of the island (Lorence and Perlman 2007, p. 359).
    Melicope remyi (no common name), a long-lived perennial shrub or 
shrubby tree in the rue family (Rutaceae), occurs only on the island of 
Hawai[revaps]i (Stone et al. 1999, p. 1210; Service 2010, pp. A-11, 4-
74). Historically, M. remyi was known from a few scattered individuals 
on the windward slopes of the Kohala Mountains and several small 
populations on the windward slopes of Mauna Kea, in the lowland wet and 
montane wet ecosystems (Stone et al. 1999, p. 1210; HBMP 2010f).
    Phyllostegia floribunda (no common name), a short-lived perennial 
subshrub in the mint family (Lamiaceae), is found only on the island of 
Hawai[revaps]i (Wagner 1999, p. 268; Wagner et al. 1999a, p. 815). 
Historically, P. floribunda was reported in the lowland wet, montane 
mesic, and montane wet ecosystems at scattered sites along the eastern 
side of the island.
    Pittosporum hawaiiense (h[omacr][revaps]awa, h[amacr][revaps]awa), 
a small, long-lived perennial tree in the pittosporum family 
(Pittosporaceae), is known only from the island of Hawai[revaps]i 
(Wagner et al. 1999b, p. 1,044). Historically, P. hawaiiense was known 
from the leeward side of the island, from the Kohala Mountains south to 
Ka[revaps]u, in the lowland mesic, montane mesic, and montane wet 
ecosystems (Wagner et al. 1999b, p. 1,044).
    Pritchardia lanigera (loulu), a medium-sized, long-lived perennial 
tree in the palm family (Arecaceae), is found only on the island of 
Hawai[revaps]i (Read and Hodel 1999, p. 1,371; Hodel 2007, pp. 10, 24-
25). Historically, P. lanigera was known from the Kohala Mountains, 
Ha[amacr]m[amacr]kua district, windward slopes of Mauna Kea, and 
southern slopes of Mauna Loa, in the lowland mesic, lowland wet, 
montane wet, and wet cliff ecosystems (Read and Hodel 1999, p. 1,371; 
National Park Service 2015, pp. 467-468)
    Schiedea diffusa ssp. macraei (no common name), a short-lived 
perennial climbing herb in the pink family (Caryophyllaceae), is 
reported only from the island of Hawai[revaps]i (Wagner et al. 2005c; 
Wagner et al. 2005a, p. 106). Historically, S. diffusa ssp. macraei was 
known from the Kohala Mountains, the windward slopes of Mauna Loa, and 
the Ola[revaps]a Tract of Hawai[revaps]i Volcanoes National Park, in 
the montane wet ecosystem (Perlman et al. 2001, in litt.; Wagner et al. 
2005a, p. 106; HBMP 2010g).
    Schiedea hawaiiensis (m[amacr][revaps]oli[revaps]oli), a short-
lived perennial herb in the pink family (Caryophyllaceae), is known 
only from the island of Hawai[revaps]i (Wagner et al. 2005a, pp. 92-
96). Historically, S. hawaiiensis was known from a single site between 
Mauna Loa and Mauna Kea mountains in the montane dry ecosystem 
(Hillebrand 1888, p. 33; Wagner et al. 2005a, pp. 92-96).
    Stenogyne cranwelliae (no common name), a short-lived perennial 
vine in the mint family (Lamiaceae), is known only from the island of 
Hawai[revaps]i. Historically, S. cranwelliae was known from the Kohala 
Mountains, in the montane wet and wet cliff ecosystems (Weller and 
Sakai 1999, p. 837).
    Drosophila digressa (Hawaiian picture-wing fly), a member of the 
family Drosophilidae, is found only on the island of Hawai[revaps]i and 
historically known from five locations on the island in elevations 
ranging from approximately 2,000 to 4,500 feet (ft) (610 to 1,370 
meters (m)), in the lowland mesic, montane mesic, and montane wet 
ecosystems (Hardy and Kaneshiro 1968, p. 182; Montgomery 1975, p. 95; 
Magnacca 2012, pers. comm.). This species is small, with adults ranging 
in size from 0.15 to 0.19 inches (in) (4.0 to 5.0 millimeters (mm)) in 
length. Adults are brownish yellow in color and have yellow-colored 
legs and hyaline (shiny-clear) wings with prominent brown spots. Like 
many endemic Hawaiian Drosophilidae species, D. digressa are highly 
host-plant-specific (Magnacca et al. 2008, p. 1), relying on the 
decaying stems of Charpentiera spp., Ceodes brunoniana (previously 
known as Pisonia brunoniana), and Rockia sandwicensis (previously known 
as Pisonia sandwicensis) for reproduction and larval substrate 
(Magnacca et al. 2008, pp. 11, 13; Magnacca 2012, pers. comm.).
    Vetericaris chaceorum (anchialine pool shrimp), a small shrimp in 
the family Procarididae, is endemic to Hawai[revaps]i. Anchialine pools 
are coastal, land-locked bodies of water that have underground 
hydrological connections to the ocean, contain varying levels of 
salinity, and show tidal fluctuations in water level. Vetericaris 
chaceorum is one of seven described species of hypogeal (underground) 
shrimp found in the Hawaiian Islands that occur in anchialine pools 
(Brock 2004, p. 6) and is relatively large in size for a hypogeal 
shrimp species; adult V. chaceorum measure approximately 2.0 in (5.0 
centimeters (cm)) in total body length, excluding the primary antennae, 
which are approximately the same length as the adult's body length 
(Kensley and Williams 1986, p. 419). The species lacks large chelapeds 
(claws) (Kensley and Williams 1986, p. 426), which are a key diagnostic 
characteristic of all other known shrimp species. Vetericaris chaceorum 
is largely devoid of pigment and lacks eyes, although eyestalks are

[[Page 17909]]

present (Kensley and Williams 1986, p. 419).
    Additional information on the descriptions of each species' 
occurrence can be found in the proposed (77 FR 63928, October 17, 2012) 
and final (78 FR 64638, October 29, 2013) listing rules for these 
species and in the proposed critical habitat rule (88 FR 18756, March 
29, 2023).

Regulatory 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).
    Our analysis for this decision applied our current regulations, 
portions of which were last revised in 2019. Given that we proposed 
further revisions to these regulations on June 22, 2023 (88 FR 40764), 
we have also undertaken an analysis of whether the decision would be 
different if we were to apply those proposed revisions. We concluded 
that the decision would have been the sameif we had applied the 
proposed 2023 regulations. The analyses under both the regulations 
currently in effect and the regulations after incorporating the June 
22, 2023, proposed revisions are included in our decision file.

Critical Habitat

    Section 4(a)(3) of the Act requires that, to the maximum extent 
prudent and determinable, we designate a species' critical habitat 
concurrently with listing the species. Critical habitat is defined in 
section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features:
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation also does not allow the 
government or public to access private lands. Such designation does not 
require implementation of restoration, recovery, or enhancement 
measures by non-Federal landowners. Rather, designation requires that, 
where a landowner requests Federal agency funding or authorization for 
an action that may affect a listed species or critical habitat, the 
Federal agency consult with the Service under section 7(a)(2) of the 
Act. If the action may affect the listed species itself (such as for 
occupied critical habitat), the Federal action agency would have 
already been required to consult with the Service even absent the 
critical habitat designation because of the requirement to ensure that 
the action is not likely to jeopardize the continued existence of the 
species. Even if the Service were to conclude after consultation that 
the proposed activity is likely to result in destruction or adverse 
modification of the critical habitat, the Federal action agency and the 
landowner are not required to abandon the proposed activity, or to 
restore or recover the species; instead, they must implement 
``reasonable and prudent alternatives'' to avoid destruction or adverse 
modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific data available, those physical or biological features that 
are essential to the conservation of the species (such as space, food, 
cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the species status report and information developed 
during the listing process for the species. Additional information 
sources may include any generalized conservation strategy, criteria, or 
outline that may have been developed for the species; the recovery plan 
for the

[[Page 17910]]

species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of these species. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans 
(HCPs), or other species conservation planning efforts if new 
information available at the time of these planning efforts calls for a 
different outcome.

Physical or Biological Features Essential to the Conservation of the 
Species

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas we will designate as 
critical habitat from within the geographical area occupied by the 
species at the time of listing, we consider the physical or biological 
features that are essential to the conservation of the species, and 
which may require special management considerations or protection. The 
regulations at 50 CFR 424.02 define ``physical or biological features 
essential to the conservation of the species'' as the features that 
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water 
characteristics, soil type, geological features, sites, prey, 
vegetation, symbiotic species, or other features. A feature may be a 
single habitat characteristic or a more complex combination of habitat 
characteristics. Features may include habitat characteristics that 
support ephemeral or dynamic habitat conditions. Features may also be 
expressed in terms relating to principles of conservation biology, such 
as patch size, distribution distances, and connectivity. For example, 
physical features essential to the conservation of the species might 
include gravel of a particular size required for spawning, alkaline 
soil for seed germination, protective cover for migration, or 
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include 
prey species, forage grasses, specific kinds or ages of trees for 
roosting or nesting, symbiotic fungi, or absence of a particular level 
of nonnative species consistent with conservation needs of the listed 
species. The features may also be combinations of habitat 
characteristics and may encompass the relationship between 
characteristics or the necessary amount of a characteristic essential 
to support the life history of the species.
    In considering whether features are essential to the conservation 
of the species, we may consider an appropriate quality, quantity, and 
spatial and temporal arrangement of habitat characteristics in the 
context of the life-history needs, condition, and status of the 
species. These characteristics include, but are not limited to, space 
for individual and population growth and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing (or development) of offspring; and habitats that are protected 
from disturbance.
    In this rule, the physical or biological features are based on the 
features of the six ecosystem types on which the 11 plant (Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha, 
Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Schiedea hawaiiensis, Stenogyne cranwelliae) and 1 animal 
(Drosophila digressa) species depend (see table 1, below). These six 
ecosystems are coastal, dry forest, mesic forest, wet forest, mesic 
grassland and shrubland, and wet grassland and shrubland; we summarize 
the descriptions of these ecosystems and our source for the 
descriptions below. The physical or biological features essential to 
the conservation of the species identified in this rule are those 
features required for the successful functioning of the ecosystem in 
which these species occur or have historically occurred (see table 2, 
below). Although critical habitat is identified for each species 
individually, we have found that the conservation of each depends, at 
least in part, on the successful functioning of the commonly shared 
ecosystem. Ecosystem parameters include elevation, precipitation, 
substrate, and associated native plant genera. These ecosystem 
parameters describe the species-specific physical or biological 
features of the functioning ecosystems on which these listed species 
depend. For example, the associated native plant genera described as 
physical or biological features for these 12 listed species are 
representative of the native plant genera that occur in the functioning 
ecosystems on which these 12 species depend, and as such, the 
occurrence of these native plant genera indicate functioning native 
ecosystems that provide the fundamental biological requirements for the 
listed species in these areas. Additionally, Drosophila digressa relies 
on native plant genera, specifically Charpentiera, Rockia, and Ceodes, 
as native plant host resources, and without which this species would be 
highly vulnerable to mortality, reproductive failure, and cyclical 
population variation related to fluctuations in breeding resources 
(Magnacca et al. 2008, p. 32).

Coastal (as Described by Kim et al. 2020, p. 2)

    Coastal ecosystems are defined as near-shore areas that are 
impacted by the ocean and generally occur within 328 ft (100 m) of high 
tide up to 984 ft (300 m) in elevation. Coastal ecosystems are found on 
all the main Hawaiian Islands and include coastal dry herblands, 
coastal dry grasslands, coastal mixed communities, coastal dry 
shrublands, coastal dry forests, and coastal wet-mesic forests. Coastal 
substrate includes well-drained talus, calcareous slopes, and dunes. 
Annual precipitation ranges from less than 47 in (120 cm) in the 
coastal dry ecosystem to 47 to 98 in (120 to 250 cm) in the coastal 
mesic ecosystem, and to more than 98 in (250 cm) in the coastal wet 
ecosystem. Bidens hillebrandiana ssp. hillebrandiana is the only 
species addressed in this rule known to occupy a coastal ecosystem, and 
more

[[Page 17911]]

specifically the coastal wet ecosystem that receives higher rainfall.

Dry Forest (as Described by Javar-Salas et al. 2020, p. 2)

    Dry forest ecosystems are found on all of the main Hawaiian Islands 
and include lowland dry forest and montane-alpine dry forest. Dry 
forest is found from 0 to 9,500 ft (0 to 2,900 m). Annual precipitation 
ranges from 12 to 79 in (30 to 200 cm). Substrates are generally well-
drained, sandy loams from volcanic ash or cinder and weathered basaltic 
lava in lowland dry forest to well-drained, loams from volcanic ash, 
cinder, and weathered basaltic lava in montane-alpine dry forest. 
Schiedea hawaiiensis is the only species addressed in this rule known 
to occupy the dry forest ecosystem.

Mesic Forest (as Described by Lowe et al. 2020, pp. 2-7)

    Mesic forest ecosystems include lowland mesic forest and montane 
subalpine mesic forest. Elevation ranges from 98 to 5,249 ft (30 to 
1,600 m) in lowland mesic forest to 2,953 to 6,562 ft (900 to 2,000 m) 
in montane subalpine mesic forest. Annual precipitation ranges from 39 
to 150 in (100 to 380 cm) in montane subalpine to 47 to 150 in (120 to 
380 cm) in lowland mesic forest. Substrates are generally well-drained 
and include rocky, shallow, organic muck soils; steep rocky talus 
soils; shallow soils over weathered rock in steep gulches; deep soils 
over soft weathered rock; and gravelly alluvium. The plants Cyrtandra 
nanawaleensis, Phyllostegia floribunda, and Pittosporum hawaiiense 
addressed in this rule are found in the mesic forest ecosystem. The 
picture-wing fly, Drosophila digressa, addressed in this rule is also 
found in the mesic forest ecosystem.

Wet Forest (as Described by Clark et al. 2020, p. 2)

    Wet forest ecosystems include lowland rainforest, montane 
rainforest, and montane cloud forest. Elevation ranges from 328 to 
3,937 ft (100 to 1,200 m) in lowland rainforest; 2,700 to 7,218 ft (823 
to 2,200 m) in montane rainforest; and 2,461 to 6,070 ft (750 to 1,830 
m) in montane cloud forest. Annual precipitation is greater than 98 in 
(250 cm). Substrates range from very weathered soils to rocky substrate 
with classes of undeveloped and developed soil substrates formed from 
basalt lava. The plants Cyanea marksii, Cyanea tritomantha, Cyrtandra 
nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum 
hawaiiense, Melicope remyi, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae addressed in this rule are found in the wet 
forest ecosystem. Drosophila digressa is also found in the wet forest 
ecosystem.

Mesic Grassland and Shrubland (as Described by Ball et al. 2020, p. 2)

    Mesic grassland and shrubland ecosystems include lowland mesic 
shrubland, subalpine mesic shrubland, montane-subalpine mesic 
grassland, and lowland mesic grassland. Elevation ranges from 98 to 
7,546 ft (30 to 2,300 m). Annual precipitation ranges from 39 to 98 in 
(100 to 250 cm). Substrates generally include shallow soils that 
frequently dry with rocky outcrops. Cyrtandra nanawaleensis is the only 
species addressed in this rule known to occupy the mesic grassland and 
shrubland ecosystem.

Wet Grassland and Shrubland (as Described by Nelson et al. 2020, p. 3)

    Wet grassland and shrubland ecosystems include native wet sedge and 
grassland and native wet cliff and crest shrubland. Elevation ranges 
from 656 to 2,953 ft (200 to 900 m). Annual precipitation ranges from 
98 to 197 in (250 to 500 cm). Substrates range from older, weathered 
soils to younger, rocky substrates. The plants Cyanea tritomantha and 
Phyllostegia floribunda addressed in this rule are found in the wet 
grassland and shrubland ecosystem.

Summary of Essential Physical or Biological Features

    We derive the specific physical or biological features essential to 
the conservation of the 12 species from studies of the species' 
habitat, ecology, and life history as described below. Additional 
information about the ecosystems containing these physical or 
biological features and descriptions of each species' occurrence within 
these ecosystems can be found in the proposed (77 FR 63928, October 17, 
2012) and final (78 FR 64638, October 29, 2013) listing rules and the 
proposed critical habitat rule (88 FR 18756, March 29, 2023) for these 
species. Each species identified in this rule requires the physical or 
biological features for each ecosystem in which that species occurs, as 
noted below in table 1. Table 2, below, identifies the physical or 
biological features of a functioning ecosystem for each of the 
ecosystem types identified in this rule. The physical or biological 
features are defined here by elevation, annual levels of precipitation, 
substrate type, and the characteristic native plant genera that are 
found in the canopy, subcanopy, and understory levels of the vegetative 
community where applicable. Due to our limited knowledge of the 
specific life-history requirements for the species that are little-
studied and occur in remote and inaccessible areas, the physical or 
biological features described in this document that provide for the 
successful function of the ecosystem that is essential to the 
conservation of the species represents the best, and, in many cases, 
the only, scientific information available. Accordingly, the physical 
or biological features of a functioning ecosystem are, at least in 
part, the physical or biological features essential to the conservation 
of these 12 species.

            Table 1--Twelve Species and Applicable Ecosystems
[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana
       and Schiedea hawaiiensis are found in multiple ecosystems]
------------------------------------------------------------------------
             Ecosystem                             Species
------------------------------------------------------------------------
Coastal...........................  Bidens hillebrandiana ssp.
                                     hillebrandiana.
Dry Forest........................  Schiedea hawaiiensis.
Mesic Forest......................  Cyrtandra nanawaleensis,
                                     Phyllostegia floribunda,
                                     Pittosporum hawaiiense, and
                                     Drosophila digressa.
Wet Forest........................  Cyanea marksii, Cyanea tritomantha,
                                     Cyrtandra nanawaleensis, Cyrtandra
                                     wagneri, Phyllostegia floribunda,
                                     Pittosporum hawaiiense, Melicope
                                     remyi, Schiedea diffusa ssp.
                                     macraei, Stenogyne cranwelliae, and
                                     Drosophila digressa.
Mesic Grassland and Shrubland.....  Cyrtandra nanawaleensis.
Wet Grassland and Shrubland.......  Cyanea tritomantha, Phyllostegia
                                     floribunda.
------------------------------------------------------------------------


[[Page 17912]]


                              Table 2--Physical or Biological Features for Each Ecosystem Upon Which the 12 Species Depend
                                                           [Read in association with table 1]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Contain one or more of these associated native plant
                                                            Annual                                                      genera
            Ecosystem                  Elevation         precipitation         Substrate     -----------------------------------------------------------
                                                                                                    Canopy             Subcanopy          Understory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal.........................  <984ft (<300 m)...  <47 to >98 in       well-drained        Diospyros,          Chenopodium,        Eragrostis,
                                                       (<120 cm to >250    talus, calcareous   Metrosideros,       Gossypium,          Sesuvium, Sida,
                                                       cm).                slopes, dunes.      Myoporum,           Heliotropium,       Sporobolus.
                                                                                               Pritchardia.        Santalum,
                                                                                                                   Scaevola.
Dry Forest......................  <9,500 ft (<2,900   <79 in (<200 cm)..  well-drained,       Acacia, Colubrina,  Achyranthes,        Dodonaea,
                                   m).                                     sandy loams or      Diospyros,          Euphorbia,          Doryopteris,
                                                                           loams from          Erythrina,          Leptecophylla,      Heteropogon,
                                                                           volcanic ash or     Melicope,           Nototrichium.       Pellaea.
                                                                           cinder; weathered   Metrosideros,
                                                                           basaltic lava.      Myoporum,
                                                                                               Myrsine, Sophora.
Mesic Forest....................  <6,562 ft (<2,000   39-150 in (100-380  rocky, shallow,     Acacia, Antidesma,  Coprosma,           Ctenitis, Doodia,
                                   m).                 cm).                organic muck        Charpentiera,       Freycinetia,        Dryopteris,
                                                                           soils; rocky        Chrysodracon,       Leptecophylla,      Pelea, Sadleria.
                                                                           talus soils;        Metrosideros,       Myoporum,
                                                                           shallow soils       Myrsine,            Pipturus, Rubus,
                                                                           over weathered      Nestegis,           Sadleria, Sophora.
                                                                           rock; deep soils    Pisonia, Santalum.
                                                                           over soft
                                                                           weathered rock;
                                                                           gravelly alluvium.
Wet Forest......................  <7,218 ft (<2,200   >98 in (> 250 cm).  very weathered      Acacia, Antidesma,  Cibotium,           Adenophorus,
                                   m).                                     soils to rocky      Cheirodendron,      Clermontia,         Cibotium,
                                                                           substrate,          Ilex, Melicope,     Coprosma, Cyanea,   Cyrtandra,
                                                                           basaltic lava,      Metrosideros,       Freycinetia,        Dicranopteris,
                                                                           undeveloped         Myrsine,            Hydrangea,          Huperzia,
                                                                           soils, developed    Pittosporum,        Vaccinium.          Peperomia,
                                                                           soils.              Psychotria.                             Stenogyne.
Mesic Grassland and Shrubland...  98-7,546 ft (30-    39-98 in (100-250   shallow soils that  Coprosma,           Dodonaea,           Bidens, Carex,
                                   2,300 m).           cm).                frequently dry      Metrosideros,       Dubautia,           Deschampsia,
                                                                           with rocky          Wilkesia.           Leptecophylla,      Dicranopteris,
                                                                           outcrops.                               Osteomeles,         Dryopteris,
                                                                                                                   Sadleria,           Eragrostis,
                                                                                                                   Vaccinium.          Euphorbia,
                                                                                                                                       Lipochaeta.
Wet Grassland and Shrubland.....  656-2,953 ft (200-  98-197 in (250-500  older, weathered    Ilex, Kadua,        Cibotium,           Carex, Cladium,
                                   900 m).             cm).                soils to younger,   Melicope,           Clermontia,         Deschampsia,
                                                                           rocky substrates.   Metrosideros,       Dubautia,           Dicranopteris,
                                                                                               Myrsine.            Freycinetia,        Eragrostis,
                                                                                                                   Hydrangea,          Peperomia,
                                                                                                                   Lobelia,            Phyllostegia,
                                                                                                                   Pipturus,           Scaevola.
                                                                                                                   Touchardia,
                                                                                                                   Urera, Vaccinium.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The physical or biological features identified in this rule take 
into consideration the ecosystem types in which each species occurs, as 
described above. We considered the current population status of each 
species, to the extent it is known, and assessed its status relative to 
the recovery objectives for that species, in terms of population goals 
(numbers of populations and individuals in each population, which 
contributes to population resiliency) and essential distribution 
(whether the populations occur in habitats representative of the 
species' historical geographical and ecological distribution, and are 
sufficiently redundant to withstand the loss of some populations over 
time). This assessment informed us as to whether the species requires 
space for population growth and expansion in areas occupied at the time 
of listing, or whether additional areas unoccupied at the time of 
listing may be required for the reestablishment of populations to 
achieve recovery.
    Some of the species addressed in this rule occur in more than one 
ecosystem. We describe the physical or biological features for these 
species separately for each ecosystem in which they occur. We took this 
approach because each species requires a different suite of 
environmental conditions depending upon the ecosystem in which it 
occurs. For example, Cyrtandra nanawaleensis will occur in association 
with different native plant species, depending on the mesic forest, wet 
forest, or mesic grassland and shrubland ecosystem type where it is 
found. Each of the physical or biological features described in each 
ecosystem in which the species occurs are essential to the conservation 
of the species, which includes the ability to support the geographical 
and ecological distribution across the different ecosystem types where 
the species occurs. Each physical or biological feature is also 
essential to retaining the genetic representation that allows the 
species to successfully adapt to different environmental conditions in 
various native ecosystems. Although some of these species occur in 
multiple native ecosystems, their declining abundance in the face of 
ongoing threats, such as increasing numbers of nonnative plant 
competitors, indicates that they are not such broad habitat generalists 
as to be able to persist in highly altered habitats. Based on an 
analysis of the best available scientific information, functioning 
native ecosystems provide the fundamental biological requirements for 
the narrow-range, island-endemic species that are addressed in this 
rule.
    We offer some examples to help readers understand our approach to 
describing the physical or biological features for each species. For 
example, to understand the physical or biological features for the 
plant Bidens hillebrandiana ssp. hillebrandiana, first look at table 1 
and see that B. hillebrandiana ssp. hillebrandiana depends on the 
coastal ecosystem. Then table 2 indicates that the physical or 
biological features in the coastal ecosystem include elevations of less 
than 984 ft (300 m); annual precipitation ranges from less than 47 in 
(120 cm) to more than 98 in (250 cm); well-drained talus, calcareous 
slopes, and dunes; and one or more genera of the subcanopy and 
understory plants Chenopodium, Eragrostis, Gossypium, Heliotropium, 
Santalum, Scaevola, Sesuvium, Sida, and Sporobolus, and one or more of 
the genera of the canopy species Diospyros, Metrosideros, Myoporum, and 
Pritchardia. The specific physical or biological features for B. 
hillebrandiana

[[Page 17913]]

ssp. hillebrandiana are intrinsically tied to the coastal ecosystem. 
The physical or biological features of the coastal ecosystem best 
approximate the physical or biological features for B. hillebrandiana 
ssp. hillebrandiana. Thus, we use the physical and biological features 
provided in the ecosystem in which B. hillebrandiana ssp. 
hillebrandiana is found as the physical and biological features for B. 
hillebrandiana ssp. hillebrandiana.
    As another example, table 1 indicates the physical or biological 
features for the plant Phyllostegia floribunda include the ecosystem-
level physical or biological features for the mesic forest, wet forest, 
and wet grassland and shrubland ecosystems. The physical or biological 
features for P. floribunda are thus composed of the physical or 
biological features for each of the three ecosystems it occupies, as 
described in table 2 for the mesic forest, wet forest, and wet 
shrubland and grassland ecosystems. Table 1 is read in a similar 
fashion in conjunction with table 2 to describe the physical or 
biological features for each of the 12 species for which we are 
designating critical habitat.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain features which are essential to the conservation of 
the species and which may require special management considerations or 
protection. The following discussion of special management needs is 
applicable to each of the 12 species on the island of Hawai`i for which 
we are designating critical habitat.
    For the 11 plant species and Drosophila digressa, we have 
determined that the features essential to their conservation are those 
required for the successful functioning of the ecosystem in which they 
occur (see tables 1 and 2, above); conversely, threats that act at the 
ecosystem level also act at the species level. Special management 
considerations or protections may be required throughout designated 
critical habitat areas to avoid further degradation or destruction of 
the physical or biological features essential to the 12 species' 
conservation. Habitat degradation (resulting from, for example, 
trampling and herbivory by introduced ungulates, fire, drought, and 
habitat modification by invasive plants) is the greatest threat to 
these 12 species, and this threat acts at the ecosystem level. Threats 
specific to Drosophila digressa habitat include loss or lack of host 
plants from ungulates, drought, fire, alteration of microclimate by 
invasive plants or the plant disease referred to as rapid a death (ROD) 
(78 FR 64638, October 29, 2013; Service 2023a, pp. 21-28). Some of 
these threats may be addressed by special management considerations or 
protection, while others (e.g., sea level rise, hurricanes, drought, 
volcanic eruption) are beyond the control of landowners and managers. 
For a more detailed description of threats, please see the proposed 
listing rule (77 FR 63928 at 63941-63974, October 17, 2012), the final 
listing rule (78 FR 64638 at 64653-64686, October 29, 2013), and the 
draft recovery plan (Service 2022a, entire).
    While the 12 species share many threats, impacts to individual 
species and the actions needed to eliminate or manage the threats may 
differ. Management activities that could minimize or ameliorate these 
threats include, but are not limited to, ungulate removal and exclusion 
fencing; control or eradication of significant habitat-modifying, 
invasive plants; fire management planning and wildfire response; and 
measures to reduce of the spread of ROD and other plant pathogens. 
Management activities that could minimize or ameliorate threats 
specific to Drosophila digressa include control measures to reduce and 
eradicate invasive invertebrates, such as wasps and ants. These 
management actions would result in the protection of areas providing 
habitat for the 12 species.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. In accordance 
with the Act and our implementing regulations at 50 CFR 424.12(b), we 
review available information pertaining to the habitat requirements of 
the species and identify specific areas within the geographical area 
occupied by the species at the time of listing and refer to these areas 
as occupied habitat. We also review available information pertaining to 
habitat requirements of the species in areas outside the geographical 
area occupied by the species at the time of listing for consideration 
as critical habitat, and these areas are referred to as unoccupied 
habitat. We will designate as critical habitat specific areas outside 
the geographical area occupied by the species only upon a determination 
that such areas are essential for the conservation of the species. We 
will only consider unoccupied areas to be essential where a critical 
habitat designation limited to geographical areas occupied would be 
inadequate to ensure the conservation of the species. In addition, for 
an unoccupied area to be considered essential, we must determine that 
there is a reasonable certainty both that the area will contribute to 
the conservation of the species and that the area contains one or more 
of those physical or biological features essential to the conservation 
of the species.
    We are designating both occupied and unoccupied critical habitat 
for eight species (Drosophila digressa, Cyanea marksii, Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae). 
We are not designating any occupied areas as critical habitat for 
Schiedea hawaiiensis because the single area known to be occupied by 
the species at the time of listing is exempt from designation (see 
Exemptions, below, for more information). For Bidens hillebrandiana 
ssp. hillebrandiana, Cyrtandra nanawaleensis, and Cyrtandra wagneri, we 
are not designating any areas outside the geographical area occupied by 
the species because we have not identified any unoccupied areas that 
meet the definition of critical habitat for these species; no 
unoccupied areas had at least one physical or biological feature 
essential to the conservation of the species and a reasonable certainty 
of contributing to conservation.
    Except for the designated critical habitat in Unit 55 for Schiedea 
hawaiiensis, all unoccupied critical habitat areas overlap entirely 
with a geographical area for which we are designating occupied critical 
habitat for at least one of the other species that are the subjects of 
this rule. The unoccupied critical habitat in Unit 55 for Schiedea 
hawaiiensis has no overlap in geographic occurrence or range with the 
other species addressed in this rule. We note that the new plant 
critical habitat Unit 56 is not occupied by either of the plant species 
for which it is designated (Cyanea marksii and Schiedea diffusa ssp. 
macraei) or any of the other nine plant species that are part of this 
critical habitat designation, but Unit 56 exists entirely within the 
boundaries of Drosophila digressa--Unit 6, which is occupied by 
Drosophila digressa. We are designating areas outside the geographical 
area occupied by nine species (Drosophila digressa, Cyanea marksii, 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea

[[Page 17914]]

diffusa ssp. macraei, Stenogyne cranwelliae, and Schiedea hawaiiensis) 
due to small population sizes, few individuals, or reduced geographic 
range, which make these species vulnerable to stochastic events. Many 
of these species are so rare in the wild that they are at a high risk 
of extirpation or even extinction from various catastrophic events, 
such as hurricanes or landslides. Therefore, supporting resiliency and 
redundancy in these species through the establishment of multiple, 
robust populations is a key component of conservation of the species 
(Service 2022a, pp. 29-30, 35, 39, 48-49). A designation limited to 
occupied areas would be inadequate to ensure the conservation of these 
species. Areas that may have been unoccupied at the time of listing, 
together with areas occupied at the time of listing, are reasonably 
certain to provide some or all of the habitat necessary for the 
expansion of existing wild populations and reestablishment of wild 
populations within the historical range of the species to achieve a 
level that could approach recovery. The best available scientific 
information suggests that the ecosystems in the unoccupied areas in 
which we are designating critical habitat provide one or more of the 
physical or biological features that support life-history requirements 
of these nine species, and thus these unoccupied areas are considered 
habitat for the conservation of these nine species. These areas support 
recovery in the case of stochastic events that otherwise have potential 
to eliminate a species from locations where it is currently found, and 
some species are only known from one location. We find, therefore, that 
designation of these unoccupied areas as critical habitat is essential 
for the conservation of the species. Designating unoccupied areas as 
critical habitat for these species also promotes conservation actions 
to restore their historical, geographical, and ecological 
representation, which are necessary for their recovery.
    In this rule, we designate critical habitat for 12 species in 21 
distinct areas that include 42 critical habitat units, with animal and 
plant units identified separately. Each critical habitat unit contains 
all or some of the physical or biological features essential to the 
conservation of those individual species that occupy that particular 
unit, or areas essential for the conservation of those species 
identified that do not presently occupy that particular unit. The 
critical habitat for all species includes the functioning ecosystems on 
which they depend; thus, for those species with life-history 
requirements that can be supported in multiple ecosystem types, we have 
identified areas of critical habitat in multiple ecosystem types. For 
example, the plant Cyrtandra nanawaleensis is found in multiple 
critical habitat units across three ecosystem types: mesic forest, wet 
forest, and mesic grassland and shrubland.
    Because we have determined that the features essential to the 
conservation of the 12 species are those required for the successful 
functioning of the ecosystems in which they respectively occur, we 
grouped species by the commonly shared ecosystem type to delineate 
critical habitat units. We used similar methods to identify critical 
habitat unit boundaries for nine plant species: Cyanea marksii, Cyanea 
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, and Stenogyne cranwelliae. These nine species 
were considered together because spatial data used for delineating 
critical habitat are similar among these species, and these species all 
occur within mesic to wet ecosystems, whereas the remaining two plant 
species do not (see table 1, above). We considered each species 
separately within their shared dependence on the functioning ecosystems 
they have in common. We used separate methods to identify critical 
habitat unit boundaries for each of the remaining three species: Bidens 
hillebrandiana ssp. hillebrandiana, Schiedea hawaiiensis, and 
Drosophila digressa. Bidens hillebrandiana ssp. hillebrandiana and 
Schiedea hawaiiensis each occur in an ecosystem type not shared with 
any of the other 12 species, and Drosophila digressa was considered 
separately because of differences in taxonomy and life history from the 
plants. Critical habitat boundaries for all species were delineated to 
clearly depict and promote conservation of these species by identifying 
the functioning ecosystem on which they depend. Ecosystem types that 
support the species addressed here but that do not form a contiguous 
area are divided geographically into separate units. In units 
consisting of multiple ecosystem types, if a species' physical or 
biological features are provided by one of the ecosystem types, we 
designate the entire area as critical habitat for that species. We took 
this approach because within these units, ecosystem types are patchily 
distributed at a relatively fine resolution, intermingled, and can be 
dynamic on a relatively short timescale in their distribution within 
the critical habitat area.
    To delineate the critical habitat units, we relied on an overall 
conservation strategy in which each of the 12 species was considered 
separately using a common approach for 9 plant species, and a separate 
approach for the remaining 2 plant species and Drosophila digressa. The 
goal of the conservation strategy was to identify the specific areas 
for each species that provide essential physical or biological features 
without which rangewide resiliency, redundancy, and representation 
could not be achieved. The conservation strategy considered (1) 
historical and current distribution of each of the 12 species; (2) 
assessments of resiliency, redundancy, and representation for each 
species from the most recent species reports (Service 2023a-n); and (3) 
recovery planning efforts (Service 2022a, entire). Some of the critical 
habitat for these 12 species overlies critical habitat already 
designated for other species on the island of Hawai`i.
    In summary, we completed the following basic steps to delineate 
critical habitat (specific methods follow below):
    (1) We compiled the best scientific data available on observations 
and distributions of the 12 species that were extant at the time of 
listing;
    (2) We compiled all available location and landcover data, 
including ecosystem type, within the ranges of the 12 species;
    (3) We identified areas containing the physical or biological 
features that may require special management considerations or 
protection;
    (4) We circumscribed boundaries of critical habitat units based on 
the above information; and
    (5) We removed, to the extent practicable, all areas that did not 
have the specific physical or biological feature components, and 
therefore are not considered essential to the conservation of one or 
more of these 12 species.
    Based on these five steps, for areas within and outside the 
geographic area occupied by the species at the time of listing, we 
delineated critical habitat unit boundaries using the following 
methods:
    (1) Species observation and distribution data sources: We obtained 
observational and distributional data to include in our Geographic 
Information System (GIS) database for each of the 12 species including 
the known locations of the species from the Hawai[revaps]i Biodiversity 
Mapping Program (HBMP) database (HBMP 2010a, entire; HBMP

[[Page 17915]]

2010b, entire; HBMP 2010c, entire; HBMP 2010d, entire; HBMP 2010e, 
entire; HBMP 2010f, entire; HBMP 2010g, entire; HBMP 2010h, entire), 
the Plant Extinction Prevention Program (PEPP) database (PEPP 2021, 
unpublished), and our own rare plant database. We also obtained and 
compiled species information from the plant database housed at National 
Tropical Botanical Garden (https://ntbg.org/database/herbarium/). We 
used Hawai`i Biodiversity Mapping Program's Geographic reference areas 
for the Hawaiian Islands in conjunction with known species' location 
data (Kam 2017, p. 1; Hawai`i Rare Plant Restoration Group 2020, p. 2). 
For plants, we obtained and compiled species range maps, as determined 
by plant species ranges in the Hawaiian Islands (Price et al. 2012, 
entire), and our own plant species range layer adapted from Price et 
al. 2012 (Service 2022b-l, entire). For Drosophila digressa, we created 
our own potential species range layer using the U.S. Geological 
Survey's (USGS's) Carbon Assessment Landcover data of 2017 for mesic 
and wet forest habitats (Selmants et al. 2017, entire; Service 2023a, 
entire) and the known elevational range of the species, which is 
between 2,000 to 4,500 ft (600 to 1,400 m). Lastly, we obtained recent 
biological surveys and reports and discussed that information with 
qualified individuals familiar with these 12 species and their 
ecosystems.
    We used current and historical species distribution information to 
develop initial critical habitat boundaries in each of the six 
ecosystems that would provide for the conservation of the 12 species. 
The initial boundaries were superimposed over digital topographic maps 
of the island of Hawai[revaps]i and further evaluated. In general, land 
areas that were identified as highly degraded were removed from the 
critical habitat units, and natural or constructed features (e.g., 
ridge lines, valleys, streams, coastlines, roads, lava flows, obvious 
land features, etc.) were used to delineate the critical habitat 
boundaries.
    (2) Identified areas containing physical or biological features: We 
obtained and compiled island-wide elevation, annual precipitation, soil 
substrate, and associated native plant genera data sources (Gagne and 
Cuddihy 1999, pp. 45-114; LANDFIRE 2016, pp. 1177-1242; Ball et al. 
2020, p. 2; Clark et al. 2020, p. 2; Javar-Salas et al. 2020, p. 2; Kim 
et al. 2020, p. 2; Lowe et al. 2020, pp. 2-7; Nelson et al. 2020, p. 3; 
Giambelluca et al. 2013, entire; Price and Jacobi 2012, entire). We 
evaluated areas currently occupied by each species and whether they 
contain the physical or biological features essential to the 
conservation of the species and which may require special management 
considerations or protection. We considered the degree to which the 
physical or biological features were present or absent in areas as an 
indication of the successful functioning of the habitat.
    (3) Landcover and ecosystem data sources: We obtained and compiled 
landcover and ecosystem data from the island-wide GIS coverage 
including USGS Carbon Assessment Landcover data of 2017 (Selmants et 
al. 2017, entire) and ArcGIS Esri World Imagery of 2022 (Esri 2023, 
entire); 1:24,000 scale digital raster graphics of USGS topographic 
quadrangles; and geospatial data sets associated with parcel data from 
Hawai`i County (Hawaii Statewide GIS Program 2022, entire). We 
evaluated areas currently occupied by each species. When a species 
occurs in more than one ecosystem type, we include the full range of 
ecosystem types within that species' range. For example, Phyllostegia 
floribunda is known from three of the six ecosystem types addressed in 
this rule: mesic forest, wet forest, and wet grassland and shrubland 
ecosystem types.
    (4) Circumscribed boundaries of potential critical habitat units: 
We considered several factors in the selection of specific boundaries 
for critical habitat for the 12 species. We determined critical habitat 
unit boundaries taking into consideration the information on known past 
and present locations of the species, landcover and ecosystem data 
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017, 
entire), recovery areas described by the species' draft recovery plan, 
projections of geographic ranges of Hawaiian plant species (Price et 
al. 2012, entire; Service 2022b-l, entire) and Drosophila digressa 
(Service 2023a, entire), and adequate habitat to allow for increases in 
numbers of individuals and for expansion of populations to provide for 
the minimum numbers required to reach delisting goals (as described in 
the draft recovery plan (Service 2022a, entire)). Critical habitat 
boundaries for all species were delineated to promote the conservation 
of these species by identifying the functioning ecosystems on which 
they depend.
    (5) Removed areas lacking the identified physical or biological 
features: When determining critical habitat boundaries, we made every 
effort to avoid including developed areas such as lands covered by 
buildings, pavement, and other structures because such lands lack the 
physical or biological features necessary for these 12 species. The 
scale of the maps we prepared under the parameters for publication 
within the Code of Federal Regulations (CFR) may not reflect the 
exclusion of such developed lands. Any such lands inadvertently left 
inside critical habitat boundaries shown on the maps of this rule have 
been excluded by text in the rule and are not designated as critical 
habitat. Therefore, a Federal action involving these lands will not 
trigger section 7 consultation with respect to critical habitat and the 
requirement of no adverse modification unless the specific action will 
affect the physical or biological features in the adjacent critical 
habitat.
    We are designating as critical habitat lands that we have 
determined are occupied at the time of listing and that contain one or 
more of the physical or biological features that are essential to 
support life-history processes of the species. We have determined that 
occupied areas are inadequate to ensure the conservation of some of the 
species; therefore, we have also identified, and designate as critical 
habitat, unoccupied areas that are essential for the conservation of 
nine of the species (see Final Critical Habitat Designation, below). We 
have determined that these units are habitat for these nine species and 
will both contribute to the conservation of the species and contain at 
least one physical or biological feature essential to the conservation 
of the species.
    Units are designated based on one or more of the physical or 
biological features being present to support the life-history processes 
for 1 or more of the 12 species for which we designate critical 
habitat. Some units contain all of the identified physical or 
biological features and support multiple life-history processes. Some 
units contain only some elements of the physical or biological features 
necessary to support the species' particular use of that habitat.
    The critical habitat designation is defined by the map or maps, as 
modified by any accompanying regulatory text, presented at the end of 
this document under Regulation Promulgation. We include more detailed 
information on the boundaries of the critical habitat designation in 
the preamble of this document. We will make the coordinates or plot 
points or both on which each map is based available to the public on 
https://www.regulations.gov at Docket No. FWS-R1-ES-2023-0017.

[[Page 17916]]

Final Critical Habitat Designation

    We are designating approximately 119,326 ac (48,289 ha) as critical 
habitat in 21 distinct areas that include 42 critical habitat units, 
with 9 animal and 33 plant units identified separately, for Drosophila 
digressa, Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, 
Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne 
cranwelliae. The critical habitat areas we describe below constitute 
our current best assessment of areas that meet the definition of 
critical habitat for each species. Table 3 shows the critical habitat 
units and the approximate area of each unit by landowner type.
    Within the 21 distinct areas, areas of critical habitat for 
Drosophila digressa are described as 9 sequential numbered units, 
whereas areas of critical habitat for plants are described as 20 
sequential numbered sections that are then split into 1 or more units, 
based on whether they overlap with existing designated critical habitat 
for other plant species on the island of Hawai[revaps]i. Some of the 
critical habitat for Drosophila digressa overlays critical habitat 
already designated for plant species; however, critical habitat 
designations for wildlife species at 50 CFR 17.95 are organized 
differently than critical habitat designations for plant species on the 
island of Hawai[revaps]i at 50 CFR 17.99. Therefore, the critical 
habitat for Drosophila digressa is not presented as being part of any 
of the existing critical habitat units for plant species. Conversely, 
for Hawaiian plants only, areas of a plant section that overlay 
existing Hawaiian plant critical habitat units are assigned to that 
existing critical habitat unit name. Areas of a plant section that do 
not overlay existing Hawaiian plant critical habitat are assigned a 
sequential new critical habitat unit number. This distinction between 
existing and newly designated critical habitat areas is necessary in 
order to be consistent with the critical habitat unit numbering system 
we established earlier for plants on the island of Hawai[revaps]i (see 
50 CFR 17.99(k)). We provide the critical habitat plant section 
numbers, where applicable, as well as unit numbers and the 
corresponding map numbers that appear at 50 CFR 17.99 for ease of 
reference in the CFR. All units in the designation, with the exception 
of Unit 55 for Schiedea hawaiiensis within Section 19, are considered 
occupied at the time of listing (see 78 FR 64638; October 29, 2013) by 
1 or more of the 12 species for which we are designating critical 
habitat (see table 4, below). Of the 21 distinct areas for which we are 
designating critical habitat in this rule, 12 include animal units or 
plant sections that are both occupied and unoccupied for 2 or more of 
the 12 Hawai`i island species.
    The areas we designate as critical habitat are located in six 
ecosystem types: (1) coastal, (2) dry forest, (3) mesic forest, (4) wet 
forest, (5) mesic grassland and shrubland, and (6) wet grassland and 
shrubland. Critical habitat designations for plants and animals are 
published in separate sections of the CFR; however, the critical 
habitat for the 11 plants and Drosophila digressa overlap each other in 
many areas on the island of Hawai`i. For example, ``Cyanea tritomantha, 
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--
Section 1'' and ``Drosophila digressa--Unit 1'' overlap entirely within 
the same geographic area. Therefore, because the section and unit 
boundaries are the same, we describe them together to avoid redundancy 
and reduce publication costs for this rule, as indicated by ``and'' 
following the section name in the headings of the section and unit 
descriptions, below.

                                         Table 3--Critical Habitat Units by Ecosystem, Land Ownership, and Size
                                        [Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Private/other (ac
          Animal unit                 Plant section           Plant unit     Federal (ac (ha))   State (ac (ha))         (ha))          Total (ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Wet Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1....  Cyanea tritomantha,      Unit 3...........      3,549 (1,436)      7,963 (3,223)          547 (221)      12,059 (4,880)
                                  Cyrtandra wagneri,      Unit 52..........          549 (222)      2,681 (1,085)          425 (172)       3,656 (1,479)
                                  Melicope remyi,
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 1.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      4,098 (1,658)     10,644 (4,308)          972 (394)      15,714 (6,359)
Drosophila digressa--Unit 7....  Cyanea marksii,          Unit 15..........  .................           182 (73)  .................            182 (73)
                                  Phyllostegia            Unit 39..........  .................          997 (403)           167 (68)         1,164 (471)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 4.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................        1,179 (477)           167 (68)         1,346 (545)
Drosophila digressa--Unit 8....  Cyanea marksii,          Unit 15..........  .................            55 (22)            72 (29)            127 (51)
                                  Phyllostegia            Unit 38..........  .................          297 (120)           237 (96)           534 (216)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 5.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          352 (142)          309 (125)           661 (267)
                                 Cyanea marksii,          Unit 16..........  .................           156 (63)  .................            156 (63)
                                  Phyllostegia            Unit 40..........  .................        1,190 (482)            52 (21)         1,243 (503)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 6.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................        1,347 (545)            52 (21)         1,399 (566)
Drosophila digressa--Unit 2....  Cyanea tritomantha,      Unit 29..........  .................          494 (200)  .................           494 (200)
                                  Phyllostegia            Unit 30..........      7,232 (2,927)      6,498 (2,630)            <1 (<1)      13,730 (5,556)
                                  floribunda,             Unit 51..........          643 (260)     16,905 (6,841)           226 (91)      17,774 (7,193)
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 11.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      7,875 (3,187)     23,897 (9,671)           226 (91)     31,998 (12,949)

[[Page 17917]]

 
Drosophila digressa--Unit 9....  Cyanea marksii,          Unit 37..........        1,906 (771)  .................            <1 (<1)         1,906 (771)
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 12.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        1,906 (771)  .................            <1 (<1)         1,906 (771)
Drosophila digressa--Unit 5....  Cyanea marksii,          Unit 41..........  .................          411 (166)      3,001 (1,214)       3,412 (1,381)
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 13.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          411 (166)      3,001 (1,214)       3,412 (1,381)
                                 Cyrtandra                Unit 47..........  .................          274 (111)  .................           274 (111)
                                  nanawaleensis--Section
                                  15.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          274 (111)  .................           274 (111)
                                 Cyrtandra                Unit 48..........  .................          586 (237)              3 (1)           589 (238)
                                  nanawaleensis--Section
                                  16.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          586 (237)              3 (1)           589 (238)
Drosophila digressa--Unit 6....  Cyanea marksii,          Unit 56..........  .................           224 (91)  .................            224 (91)
                                  Schiedea diffusa ssp.
                                  macraei--Section 20.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................           224 (91)  .................            224 (91)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Coastal *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Bidens hillebrandiana    Unit 6...........  .................              2 (1)  .................               2 (1)
                                  ssp. hillebrandiana--   Unit 53..........  .................            76 (31)            78 (32)            154 (62)
                                  Section 2.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................            78 (32)            78 (32)            156 (63)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Wet Forest and Wet Grassland and Shrubland *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyanea tritomantha,      Unit 8...........  .................      6,805 (2,754)  .................       6,805 (2,754)
                                  Melicope remyi,         Unit 9...........  .................  .................             1 (<1)              1 (<1)
                                  Phyllostegia            Unit 54..........  .................      5,855 (2,369)            90 (36)       5,945 (2,406)
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 3.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................     12,660 (5,123)            91 (37)      12,751 (5,160)
                                 Phyllostegia             Unit 23..........              9 (4)  .................  .................               9 (4)
                                  floribunda,             Unit 45..........      5,494 (2,223)  .................  .................       5,494 (2,223)
                                  Pittosporum
                                  hawaiiense--Section 7.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      5,503 (2,227)  .................  .................       5,503 (2,227)
                                 Cyrtandra                Unit 28..........  .................           155 (63)  .................            155 (63)
                                  nanawaleensis,          Unit 46..........  .................     12,212 (4,942)              7 (3)      12,219 (4,945)
                                  Phyllostegia
                                  floribunda--Section 10.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................     12,368 (5,005)              7 (3)      12,374 (5,008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Wet Forest and Mesic Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyanea tritomantha,      Unit 24..........        1,956 (792)  .................  .................         1,956 (792)
                                  Pittosporum             Unit 44..........          322 (130)      5,561 (2,251)  .................       5,884 (2,381)
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 8.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        2,278 (922)      5,561 (2,251)  .................       7,840 (3,173)
                                 Pittosporum hawaiiense,  Unit 24..........            36 (15)            65 (26)  .................            101 (41)
                                  Schiedea diffusa ssp.   Unit 43..........        1,693 (685)      4,180 (1,691)  .................       5,872 (2,376)
                                  macraei, Stenogyne
                                  cranwelliae--Section 9.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................        1,729 (700)      4,244 (1,718)  .................       5,973 (2,417)
Drosophila digressa--Unit 3....  Cyanea tritomantha,      Unit 42..........      8,773 (3,550)              8 (3)  .................       8,781 (3,554)
                                  Phyllostegia
                                  floribunda,
                                  Pittosporum
                                  hawaiiense, Schiedea
                                  diffusa ssp. macraei,
                                  Stenogyne cranwelliae--
                                  Section 14.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................      8,773 (3,550)              8 (3)  .................       8,781 (3,554)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Cyrtandra                Unit 49..........  .................          868 (351)              6 (3)           875 (354)
                                  nanawaleensis--Section
                                  17.
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          868 (351)              6 (3)           875 (354)
                                 Cyrtandra                Unit 50..........  .................          562 (227)  .................           562 (227)
                                  nanawaleensis--Section
                                  18.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................          562 (227)  .................           562 (227)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Dry Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Schiedea hawaiiensis--   Unit 55..........  .................      6,822 (2,761)  .................       6,822 (2,761)
                                  Section 19.
                                                                            ----------------------------------------------------------------------------

[[Page 17918]]

 
    Subtotal...................  .......................  .................  .................      6,822 (2,761)  .................       6,822 (2,761)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mesic Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 4....  .......................  .................  .................           167 (67)  .................            167 (67)
                                                                            ----------------------------------------------------------------------------
    Subtotal...................  .......................  .................  .................           167 (67)  .................            167 (67)
                                                                            ----------------------------------------------------------------------------
        Total..................  .......................  .................    32,162 (13,015)    82,252 (33,286)      4,913 (1,988)    119,326 (48,289)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
* Ecosystem subheadings indicate all of the ecosystems that can be found in each unit, but not every species for which each unit is designated is found
  in every ecosystem found in the unit (see table 1 for the ecosystems within each species may be found).

BILLING CODE 4333-15-P

[[Page 17919]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.000

BILLING CODE 4333-15-C

                             Table 5--Critical Habitat Units for Drosophila Digressa
                                               [Picture-wing fly]
----------------------------------------------------------------------------------------------------------------
                                                                       Corresponding critical habitat map in the
          Critical habitat unit               Occupied/unoccupied          Code of Federal Regulations (CFR)
----------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 1.

[[Page 17920]]

 
Drosophila digressa--Unit 2.............  Occupied...................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 2.
Drosophila digressa--Unit 3.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 3.
Drosophila digressa--Unit 4.............  Occupied...................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 4.
                                                                      ------------------------------------------
Drosophila digressa--Unit 5.............  Unoccupied.................  Drosophila digressa--Hawai[revaps]i
                                                                        Island, HI--Unit 5, Unit 6, Unit 7, Unit
                                                                        8, Unit 9.
Drosophila digressa--Unit 6.............  Occupied
Drosophila digressa--Unit 7.............  Unoccupied
Drosophila digressa--Unit 8.............  Unoccupied
Drosophila digressa--Unit 9.............  Unoccupied
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat, for each of the 12 
Hawai[revaps]i Island species, below.

Descriptions of Critical Habitat

    We describe each section and unit separately, below, but first 
describe the common rationale for designating areas of critical habitat 
as occupied and/or unoccupied critical habitat. All areas that are 
designated as occupied habitat for a species are important for that 
species because these areas are either the last or one of the last 
remaining areas inhabited by the species and they meet the definition 
of critical habitat, making these areas necessary for maintaining the 
redundancy and representation for the species' conservation. This is 
the case for all sections and units, with the exception of Schiedea 
hawaiiensis--Section 19, which is critical habitat, but is not 
currently occupied habitat for any of the 12 species. We note which 
areas are the last remaining area known to be inhabited by a species.
    We analyzed whether occupied areas were adequate for the 
conservation of each of the 12 species based on conservation goals 
within the recovery plan (Service 2022a, entire). We determined that 
occupied areas are not able to provide the space needed to meet the 
target number of reproductive populations and individuals for any of 
the 12 species. For four species with naturally narrowly-restricted 
ranges, no other areas containing their essential physical or 
biological features are known. We determined that for nine species 
(Drosophila digressa, Cyanea marksii, Cyanea tritomantha, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae, and Schiedea hawaiiensis) 
there are additional areas outside the geographical area occupied by 
the species that contain at least one physical or biological feature 
essential to the conservation of the species. We are designating as 
critical habitat all areas of unoccupied habitat that we identified for 
these nine species because (1) they provide one or more of the physical 
or biological features necessary for the reestablishment of wild 
populations within the species' range, and (2) we have reasonable 
certainty that these areas will contribute to the conservation of the 
species by adding to the area required to support the numbers of 
populations and reproducing individuals needed for recovery (thus 
helping to ensure resiliency, redundancy, and representation needed for 
the species' viability). The establishment of multiple, robust 
populations (redundancy) is a key component of conservation of these 
species (Service 2022a, pp. 29-30, 35, 39, 48-49). Due to the small 
numbers of individuals of each of these species, they require suitable 
habitat and space for expansion or introduction to achieve population 
levels that could approach recovery. Designating unoccupied areas as 
critical habitat for these species also supports recovery by allowing 
the habitat needed to establish additional populations able to 
withstand environmental stochasticity (resiliency) that otherwise has 
potential to eliminate a species from locations where it is currently 
found, and some species are only known from one location. Designating 
these unoccupied areas as critical habitat also promotes conservation 
actions to restore the species' historical, geographical, and 
ecological representation (representation), necessary for their 
recovery. For ease of reading and space efficiency, after first use of 
the full name of a plant section, we will refer to it by its section 
number only. For example, our first use of plant Section 2 is described 
as ``Bidens hillebrandiana ssp. hillebrandiana--Section 2,'' and after 
that is simply referred to as ``Section 2.''

   Table 6--Land Use, Threats to Habitat, and Potential Special Management Considerations for Critical Habitat
                            Units Designated for the 12 Hawai[revaps]i Island Species
----------------------------------------------------------------------------------------------------------------
          Plant section             Drosophila unit    General land use         Threats       Special management
----------------------------------------------------------------------------------------------------------------
Section 1.......................  Unit 1............  A, B, C, D, E, F,   O, P, Q...........  S, T, U.
                                                       G.
Section 2.......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 3.......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 4.......................  Unit 7............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 5.......................  Unit 8............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 6.......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 7.......................  ..................  A, B, C, D, F, H..  O, P, Q, R........  S, T, U.
Section 8.......................  ..................  A, E, F, G, H, I,   O, P, Q...........  S, T.
                                                       J, K, L.
Section 9.......................  ..................  A, E, F, H, I, J..  O, P, Q, R........  S, T, U.
Section 10......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       G, H, M.
Section 11......................  Unit 2............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H, K, N.
Section 12......................  Unit 9............  A, B, C, D, F, H..  O, P, Q, R........  S, T, U.

[[Page 17921]]

 
                                  Unit 4............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 13......................  Unit 5............  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       G, H.
Section 14......................  Unit 3............  A, E, F, H, I, J..  O, P, Q, R........  S, T, U.
Section 15......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 16......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 17......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 18......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       N.
Section 19......................  ..................  A, B, C, D, E, F,   O, P, Q, R........  S, T, U.
                                                       H.
Section 20......................  Unit 6............  A, B, C, D, E, F,   O, P, Q, R........  S, T.
                                                       J, N.
----------------------------------------------------------------------------------------------------------------

Definition of Codes Used in Table 6

    General land use:

A = Watershed protection
B = Ungulate and invasive plant control
C = Natural resource monitoring
D = Rare species protection and research
E = Public hunting
F = Public use and recreation
G = Education and outreach
H = Fire control
I = Natural resource conservation, including monitoring invasive 
plants and animals
J = Enhancement of native rare plant resources
K = Cultural uses
L = Personal gathering
M = Public use, including traditional and customary rights of Native 
Hawaiians
N = Timber management

    Threats:

O = Habitat degradation due to rooting by feral ungulates
P = Intrusion of ecosystem-altering, invasive plants
Q = Changes in canopy cover due to plant disease
R = Fire

    Special management considerations (see Special Management 
Considerations or Protection, in text above for additional detail):

S = Feral ungulate control
T = Measures to control spread of invasive plants
U = Fire management planning and wildfire response

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1

    Section 1 and Drosophila digressa--Unit 1 consist of wet forest 
ecosystem from [revaps][Omacr][revaps][omacr]kala to Maulua Nui on the 
northeastern slope of Maunakea. Lands within this section and unit 
include approximately 26 percent in Federal ownership, 68 percent in 
State ownership, and 6 percent in private/other ownership (see table 3, 
above). Section 1 is comprised of two units: Unit 3 is a critical 
habitat unit within unit Hawaii 3 (see 50 CFR 17.99(k)), which was 
previously designated for other plant species; and Unit 52 is a newly 
designated critical habitat unit depicted on Map 119. All State-owned 
lands in this section and unit are managed by the State of Hawaii as 
part of the Hilo Forest Reserve Humu[revaps]ula, Laup[amacr]hoehoe, and 
P[imacr]h[amacr] Sections; the Laup[amacr]hoehoe Natural Area Reserve; 
and the Manowaiale[revaps]e Forest Reserve. All Federal lands in this 
section and unit are managed by the Service within Hakalau Forest 
National Wildlife Refuge, Hakalau Forest Unit. For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats identified within this section and 
unit, see table 6, above (DLNR-DOFAW 2022, entire; DLNR and USDA 2016, 
p. 4; Service 2010, pp. 1-13, 1-33-1-34; Stewart 2010, entire). The 
State lands within this section and unit are managed under the 
Laup[amacr]hoehoe Forest Management Plan (DLNR and USDA 2016, entire) 
and the Mauna Kea Watershed Management Plan (Stewart 2010, entire). The 
Federal lands within this section and unit are managed under the 
Hakalau Forest National Wildlife Refuge Comprehensive Conservation Plan 
(Service 2010, pp. 2-20-2-40) and the Mauna Kea Watershed Management 
Plan (Stewart 2010, entire).
    Section 1 is occupied by the plants Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, and Stenogyne 
cranwelliae. This section and unit include the wet forest, the moisture 
regime, and canopy, subcanopy, and understory native plant species 
identified as the physical or biological features in the wet forest 
ecosystem. Section 1 is important because it has the last remaining 
areas inhabited by Cyrtandra wagneri and Melicope remyi, and one of the 
last remaining areas inhabited by Cyanea tritomantha, Phyllostegia 
floribunda, and Stenogyne cranwelliae, making it an essential area for 
maintaining the redundancy and representation necessary for species' 
conservation. Although Section 1 is not known to be occupied by the 
plants Pittosporum hawaiiense and Schiedea diffusa ssp. macraei, and 
Drosophila digressa--Unit 1 is not known to be occupied by Drosophila 
digressa, this section and unit contain unoccupied habitat that is 
essential for the conservation of these species because they (1) are 
habitat for these species, (2) provide at least one of the physical or 
biological features essential for the conservation of each of these 
species, and (3) contribute to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for each of these species. For recovery, each plant species 
needs at least 10 populations, with at least 400 reproducing 
individuals per population for Pittosporum hawaiiense and 500 
reproducing individuals per population for Schiedea diffusa ssp. 
macraei (Service 2022a, pp. 43-44). Drosophila digressa needs at least 
10 stable populations for recovery (Service 2022a, p. 49). Therefore, 
we are reasonably certain that this section and unit will contribute to 
the conservation of these species and that this section and unit 
contain one or more of the physical or biological features that are 
essential to the conservation of these species. Approximately 12,059 ac 
(4,880 ha) of this section and unit overlap designated critical habitat 
for the federally endangered plants Clermontia peleana, Cyanea 
platyphylla, Cyrtandra giffardii, Cyrtandra tintinnabula, and 
Phyllostegia warshaueri (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 
2003).
BILLING CODE 4333-15-P

[[Page 17922]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.001

Bidens hillebrandiana ssp. hillebrandiana--Section 2

    Section 2 consists of coastal ecosystem from Polol[umacr] to 
Laup[amacr]hoehoe Iki on the northeastern slope of Kohala Mountain. 
Lands within this section include approximately 50 percent in State 
ownership and 50 percent in private/other ownership (see table 3, 
above). Section 2 is comprised of two units: Unit 6 is a critical 
habitat unit within unit Hawaii 6 (see 50 CFR 17.99(k)), which was 
previously designated for another plant species; and Unit 53 is a newly 
designated critical habitat unit depicted on Map 120. All State-owned 
lands in Section 2 are managed by the State of Hawaii as part of the 
Polol[umacr] Section of the Kohala Forest Reserve and the Pu[revaps]u o 
[revaps]Umi Natural Area Reserve. The State lands within this section 
are managed under the Pu[revaps]u o [revaps]Umi Management Plan (DLNR-
DOFAW 1989, entire) and Kohala Mountain Watershed Management Plan Draft 
(Kohala Watershed Partnership [KWP] 2007, entire). For general land 
use, threats, and special management considerations or protection 
measures to reduce or alleviate the threats identified within this 
section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007, 
entire).
    Section 2 is occupied by the plant Bidens hillebrandiana ssp. 
hillebrandiana and includes the coastal habitat, the moisture regime, 
and canopy, subcanopy, and understory native plant species identified 
as the physical or biological features in the coastal ecosystem. This 
section is especially important because it is the last remaining area 
inhabited by the species, which makes it an important area for 
maintaining the redundancy and representation necessary for species' 
conservation. Approximately 2 ac (1 ha) of this section overlap 
designated critical habitat for the federally endangered plant 
Nothocestrum breviflorum (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 
2003).

Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 3

    Section 3 consists of wet forest and wet grassland and shrubland 
ecosystems from Kahua to Pu[revaps]ukapu on Kohala Mountain. Lands 
within this section include approximately 99 percent in State ownership 
and 1 percent in private/other ownership (see table 3,

[[Page 17923]]

above). Section 3 is comprised of three units: Unit 8 and Unit 9 are 
critical habitat units within unit Hawaii 8 and unit Hawaii 9 (see 50 
CFR 17.99(k)), which were previously designated for other plant 
species; and Unit 54 is a newly designated critical habitat unit 
depicted on Map 121. All State-owned lands in this section are managed 
by the State of Hawaii as part of the Kohala Forest Reserve, Kohala 
Watershed Forest Reserve, and Pu[revaps]u o [revaps]Umi Natural Area 
Reserve. The State lands within this section are managed under the 
Pu[revaps]u o [revaps]Umi Management Plan (DLNR-DOFAW 1989, entire) and 
the Kohala Mountain Watershed Management Plan Draft (KWP 2007, entire). 
For general land use, threats, and special management considerations or 
protection measures to reduce or alleviate the threats identified 
within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 
2007, entire).
    Section 3 is occupied by the plants Cyanea tritomantha, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae, 
and includes the wet forest and wet grassland and shrubland ecosystems, 
the moisture regime, and canopy, subcanopy, and understory native plant 
species identified as the physical or biological features in the wet 
forest and wet grassland and shrubland ecosystems. Although Section 3 
is not known to be occupied by Melicope remyi or Phyllostegia 
floribunda, this section contains unoccupied habitat that is essential 
for the conservation of these species because it (1) is habitat for 
these species, (2) provides at least one of the physical or biological 
features essential for the conservation of each of these species, and 
(3) contributes to the area of habitat needed to reestablish wild 
populations within their range in support of recovery criteria for each 
of these species. For recovery, each species needs at least 10 
populations, with at least 200 reproducing individuals per population 
for Melicope remyi and at least 500 reproducing individuals per 
population for Phyllostegia floribunda (Service 2022a, pp. 43-44). 
Therefore, we are reasonably certain that this section will contribute 
to the conservation of these species and that this section contains one 
or more of the physical or biological features that are essential to 
the conservation of these species. Approximately 6,941 ac (2,809 ha) of 
this section overlap designated critical habitat for the federally 
endangered plants Clermontia drepanomorpha, Phyllostegia warshaueri, 
and Achyranthes mutica (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 
2003); and for the picture-wing fly Drosophila ochrobasis Units 3 
(Kohala Mountains East) and 4 (Kohala Mountains West) (see 50 CFR 
17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 4 and 
Drosophila digressa--Unit 7

    Section 4 and Drosophila digressa--Unit 7 consist of wet forest 
ecosystem from Kukuiopa[revaps]e to [revaps][Omacr]lelomoana on the 
southwestern slopes of Mauna Loa. Lands within this section and unit 
include approximately 88 percent in State ownership and 12 percent in 
private/other ownership (see table 3, above). Section 4 is comprised of 
two units: Unit 15 is a critical habitat unit within unit Hawaii 15 
(see 50 CFR 17.99(k)), which was previously designated for another 
plant species; and Unit 39 is a newly designated critical habitat unit 
depicted on Map 108. All State-owned lands in this section and unit are 
managed by the State of Hawaii as part of the South Kona Forest Reserve 
Kukuiopa[revaps]e Section. The State lands within this section and unit 
are managed under the Three Mountain Alliance Management Plan (TMA 
2007, entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats identified within this section and unit, see table 6, above 
(TMA 2007, pp. 26-37; DLNR-DOFAW 2022, entire).
    Section 4 is occupied by the plants Cyanea marksii, Phyllostegia 
floribunda, and Pittosporum hawaiiense. This section and unit include 
the wet forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. Although Section 4 is 
not known to be occupied by the plants Schiedea diffusa ssp. macraei 
and Stenogyne cranwelliae, and Drosophila digressa--Unit 7 is not known 
to be occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one of the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Schiedea diffusa ssp. macraei needs at least 10 populations, with at 
least 500 reproducing individuals per population, and Stenogyne 
cranwelliae needs at least 20 populations, with at least 500 
reproducing individuals per population (Service 2022a, pp. 43-44). 
Drosophila digressa needs at least 10 stable populations for recovery 
(Service 2022a, p. 49). Therefore, we are reasonably certain that this 
section and unit will contribute to the conservation of these species 
and that this section and unit contain one or more of the physical or 
biological features that are essential to the conservation of these 
species. Approximately 182 ac (73 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plant Cyanea 
stictophylla (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

[[Page 17924]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.002

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 5 and 
Drosophila digressa--Unit 8

    Section 5 and Drosophila digressa--Unit 8 consist of wet forest 
ecosystem in Ka[revaps]ohe on the southwestern slopes of Mauna Loa. 
Lands within this section and unit include approximately 53 percent in 
State ownership and 47 percent in private/other ownership (see table 3, 
above). Section 5 is comprised of two units: Unit 15 is a critical 
habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)), which was 
previously designated for another plant species; and Unit 38 is a newly 
designated critical habitat unit depicted on Map 107. All State-owned 
lands in this section and unit are managed by the State of Hawaii as 
part of the South Kona Forest Reserve, Ka[revaps]ohe Section and 
Kukuiopa[revaps]e Section. The State lands within this section and unit 
are managed under the Three Mountain Alliance Management Plan (TMA 
2007, pp. 47-50). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats identified within this section and unit, see table 6, above 
(DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37).
    Section 5 is occupied by the plant Cyanea marksii. This section and 
unit include the wet forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the wet forest ecosystem. Although 
Section 5 is not known to be occupied by the plants Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae, and Drosophila digressa--Unit 8 is not known to 
be occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one of the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa 
ssp. macraei each need at least 10 populations, with at

[[Page 17925]]

least 500 reproducing individuals per population for Phyllostegia 
floribunda and Schiedea diffusa ssp. macraei and at least 400 
reproducing individuals per population for Pittosporum hawaiiense 
(Service 2022a, pp. 43-44). For Stenogyne cranwelliae, at least 20 
populations, each with at least 500 reproducing individuals, are 
necessary for recovery (Service 2022a, pp. 43-44). Drosophila digressa 
needs at least 10 stable populations for recovery (Service 2022a, p. 
49). Therefore, we are reasonably certain that this section and unit 
will contribute to the conservation of these species and that this 
section and unit contain one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 127 ac (51 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plant Cyanea 
stictophylla (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 6

    Section 6 consists of wet forest ecosystem in 
K[imacr]p[amacr]hoehoe on the southwestern slopes of Mauna Loa. Lands 
within this section include approximately 96 percent in State ownership 
and 4 percent in private/other ownership (see table 3, above). Section 
6 is comprised of two units: Unit 16 is a critical habitat unit within 
unit Hawaii 16 (see 50 CFR 17.99(k)), which was previously designated 
for another plant species; and Unit 40 is a newly designated critical 
habitat unit depicted on Map 109. All State-owned lands in this section 
are managed by the State of Hawaii as part of the 
K[imacr]p[amacr]hoehoe Natural Area Reserve. The State lands within 
this section are managed under the K[imacr]p[amacr]hoehoe Natural Area 
Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three 
Mountain Alliance Management Plan (TMA 2007, entire). For general land 
use, threats, and special management considerations or protection 
measures to reduce or alleviate the threats within this section, see 
table 6, above (DLNR-DOFAW 2002, entire).
    Section 6 is occupied by the plants Cyanea marksii and Phyllostegia 
floribunda. This section includes the wet forest, the moisture regime, 
and canopy, subcanopy, and understory native plant species identified 
as the physical or biological features in the wet forest ecosystem. 
Although Section 6 is not known to be occupied by Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne cranwelliae, 
this section contains unoccupied habitat that is essential for the 
conservation of these species because it (1) is habitat for these 
species, (2) provides at least one of the physical or biological 
features essential for the conservation of each of these species, and 
(3) contributes to the area of habitat needed to reestablish wild 
populations within their range in support of recovery criteria for each 
of these species. For recovery, Pittosporum hawaiiense and Schiedea 
diffusa ssp. macraei each need at least 10 populations, with at least 
400 reproducing individuals per population for Pittosporum hawaiiense 
and at least 500 reproducing individuals per population for Schiedea 
diffusa ssp. macraei, and Stenogyne cranwelliae needs at least 20 
populations, each with at least 500 reproducing individuals (Service 
2022a, pp. 43-44). Therefore, we are reasonably certain that this 
section will contribute to the conservation of these species and that 
this section contains one or more of the physical or biological 
features that are essential to the conservation of these species. 
Approximately 156 ac (63 ha) of this section overlap designated 
critical habitat for the federally endangered plant Cyanea stictophylla 
(see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

Phyllostegia floribunda, Pittosporum hawaiiense--Section 7

    Section 7 consists of wet forest and wet grassland and shrubland 
ecosystems from P[amacr]nau Nui to Kamoamoa on the eastern slope of 
K[imacr]lauea Volcano, entirely on Federal land (see table 3, above). 
Section 7 is comprised of two units: Unit 23 is a critical habitat unit 
within unit Hawaii 23 (see 50 CFR 17.99(k)), which was previously 
designated for another plant species; and Unit 45 is a newly designated 
critical habitat unit depicted on Map 114. Lands within this section 
are entirely under Federal ownership managed by the National Park 
Service within Hawai[revaps]i Volcanoes National Park. Federal lands 
within this section are managed by the National Park Service under the 
Hawai[revaps]i Volcanoes National Park General Management Plan 
(National Park Service 2015, 2016, entire) and the Three Mountain 
Alliance Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (National Park Service 2015, 2016, entire).
    Section 7 is occupied by the plants Phyllostegia floribunda and 
Pittosporum hawaiiense and includes the wet forest and wet grassland 
and shrubland ecosystems, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest and wet grassland and shrubland 
ecosystems. Approximately 9 ac (4 ha) of this section overlap 
designated critical habitat for the federally endangered plant Pleomele 
hawaiiensis (now listed as Dracaena konaensis) (see 50 CFR 17.99(k) and 
68 FR 39624, July 2, 2003).

Cyanea tritomantha, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Stenogyne cranwelliae--Section 8

    Section 8 consists of wet and mesic forest ecosystems from 
N[imacr]nole to P[amacr]hala on the southern slopes of Mauna Loa. Lands 
within this section include approximately 29 percent in Federal 
ownership and 71 percent in State ownership (see table 3, above). 
Section 8 is comprised of two units: Unit 24 is a critical habitat unit 
within unit Hawaii 24 (see 50 CFR 17.99(k)), which was previously 
designated for another plant species; and Unit 44 is a newly designated 
critical habitat unit depicted on Map 113. Federal lands in Section 8 
are managed by the National Park Service within Hawai[revaps]i 
Volcanoes National Park and in accordance with the Hawai[revaps]i 
Volcanoes National Park General Management Plan (National Park Service 
2015, 2016, entire). All State-owned lands in this section are managed 
by the State of Hawaii, are part of the Ka[revaps][umacr] Forest 
Reserve, and are managed under the Ka[revaps][umacr] Forest Reserve 
Management Plan (DLNR-DOFAW 2012, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within Section 8, see table 6, above 
(DLNR-DOFAW 2012, p. 3; TMA 2007, pp. 44-46).
    Section 8 is occupied by the plants Cyanea tritomantha, Pittosporum 
hawaiiense, and Schiedea diffusa ssp. macraei and includes the wet and 
mesic forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet and mesic forest ecosystems. Although 
Section 8 is not known to be occupied by the plant Stenogyne 
cranwelliae, this section contains unoccupied habitat that is essential 
for the conservation of this species because it (1) is habitat for the 
species, (2) provides at least one of the physical or biological 
features essential for the conservation of the species, and (3) 
contributes to the area of habitat needed to reestablish wild 
populations

[[Page 17926]]

within their range in support of recovery criteria for the species. For 
recovery, Stenogyne cranwelliae needs at least 20 populations, each 
with at least 500 reproducing individuals (Service 2022a, pp. 43-44). 
Therefore, we are reasonably certain that this section will contribute 
to the conservation of this species and that this section contains one 
or more of the physical or biological features that are essential to 
the conservation of the species. Approximately 2,081 ac (842 ha) of the 
section overlap designated critical habitat for the federally 
endangered plant Argyroxiphium kauense (see 50 CFR 17.99(k) and 68 FR 
39624, July 2, 2003) and for the picture-wing fly Drosophila 
heteroneura Unit 1 (Ka[revaps][umacr] Forest) (see 50 CFR 17.95(i) and 
73 FR 73795, December 4, 2008).
[GRAPHIC] [TIFF OMITTED] TR12MR24.003

BILLING CODE 4333-15-C

Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae--Section 9

    Section 9 consists of wet and mesic forest ecosystems from 
Wai[revaps][omacr]hinu to N[imacr]nole on the southern slopes of Mauna 
Loa. Lands within this section include approximately 29 percent in 
Federal ownership and 71 percent in State ownership (see table 3, 
above). Section 9 is comprised of two units: Unit 24 is a critical 
habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)), which was 
previously designated for another plant species; and Unit 43 is a newly 
designated critical habitat unit depicted on Map 112. Federal lands in 
Section 9 are managed by the National Park Service within 
Hawai[revaps]i Volcanoes National Park and in accordance with the 
Hawai[revaps]i Volcanoes National Park General Management Plan 
(National Park Service 2015, 2016, entire). All State-owned lands in 
this section are managed by the State of Hawaii, are part of the 
Ka[revaps][umacr] Forest Reserve, and are managed under the 
Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012, 
entire). For general land use, threats, and special management 
considerations or protection measures to

[[Page 17927]]

reduce or alleviate the threats within this section, see table 6, above 
(TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
    Section 9 is occupied by the plants Pittosporum hawaiiense and 
Schiedea diffusa ssp. macraei and includes the wet and mesic forest, 
the moisture regime, and canopy, subcanopy, and understory native plant 
species identified as the physical or biological features in the wet 
and mesic forest ecosystems. Although Section 9 is not known to be 
occupied by Stenogyne cranwelliae, this section contains unoccupied 
habitat that is essential for the conservation of this species because 
it (1) is habitat for the species, (2) provides at least one of the 
physical or biological features essential for the conservation of the 
species, and (3) contributes to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for the species. For recovery, Stenogyne cranwelliae needs at 
least 20 populations, each with at least 500 reproducing individuals 
(Service 2022a, pp. 43-44). Therefore, we are reasonably certain that 
this section will contribute to the conservation of this species and 
that this section contains one or more of the physical or biological 
features that are essential to the conservation of the species. 
Approximately 101 ac (41 ha) of this section overlap designated 
critical habitat for the federally endangered plant Argyroxiphium 
kauense (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003) and for the 
picture-wing fly Drosophila ochrobasis Unit 5 (Upper Kahuku) (see 50 
CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis, Phyllostegia floribunda--Section 10

    Section 10 consists of wet forest and wet grassland and shrubland 
ecosystems from Kahauale[revaps]a to Wao Kele o Puna near the east rift 
zone of K[imacr]lauea Volcano in the district of Puna. Lands within 
this section include approximately 100 percent in State ownership and 
less than 1 percent in private/other ownership (see table 3, above). 
Section 10 is comprised of two units: Unit 28 is a critical habitat 
unit within unit Hawaii 28 (see 50 CFR 17.99(k)), which was previously 
designated for another plant species; and Unit 46 is a newly designated 
critical habitat unit depicted on Map 115. Lands within this section 
are almost entirely under State ownership managed by the State of 
Hawaii within the Kahauale[revaps]a Natural Area Reserve and the State 
of Hawaii Office of Hawaiian Affairs within the Wao Kele o Puna Forest 
Reserve. The State lands within this section are managed under the Wao 
Kele o Puna Comprehensive Management Plan 
(N[amacr]lehualawaku[revaps]ulei 2017, entire) and the Three Mountain 
Alliance Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37; 
N[amacr]lehualawaku[revaps]ulei 2017, entire).
    Section 10 is occupied by the plants Cyrtandra nanawaleensis and 
Phyllostegia floribunda and includes the wet forest and wet grassland 
and shrubland, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest and wet grassland and shrubland 
ecosystems. Approximately 155 ac (63 ha) of this section overlap 
designated critical habitat for the federally endangered plant 
Adenophorus periens (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 
2003).

Cyanea tritomantha, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 11 and 
Drosophila digressa--Unit 2

    Section 11 and Drosophila digressa--Unit 2 consist of wet forest 
ecosystem from [revaps][Omacr]la[revaps]a to Upper Wai[amacr]kea on the 
eastern slope of Mauna Loa and partially on the northern slope of 
K[imacr]lauea Volcano. Lands within this section and unit include 
approximately 25 percent in Federal ownership, 75 percent in State 
ownership, and less than 1 percent in private/other ownership (see 
table 3, above). Section 11 is comprised of three units: Unit 29 and 
Unit 30 are critical habitat units within unit Hawaii 29 and unit 
Hawaii 30 (see 50 CFR 17.99(k)), which were previously designated for 
other plant species; and Unit 51 is a newly designated critical habitat 
unit depicted on Map 118. All State-owned lands in this section and 
unit are managed by the State of Hawaii as part of the Hilo Forest 
Reserve K[umacr]k[umacr]au Section, [revaps][Omacr]la[revaps]a Forest 
Reserve Mountain View Section, Upper Wai[amacr]kea Forest Reserve, 
Wai[amacr]kea Forest Reserve, Pu[revaps]u Maka[revaps]ala Natural Area 
Reserve, and Wai[amacr]kea 1942 Lava Flow Natural Area Reserve. All 
Federal lands in this section and unit are managed by the National Park 
Service within the Hawai[revaps]i Volcanoes National Park. The State 
lands within this section and unit are managed under the Pu[revaps]u 
Maka[revaps]ala Natural Area Reserve Management Plan (DLNR-DOFAW 2013, 
entire) and the Three Mountain Alliance's Management Plan (TMA 2007, 
entire). The Federal lands within this section and unit are managed 
under the Hawai[revaps]i Volcanoes National Park General Management 
Plan (National Park Service 2015, 2016, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section and unit, see 
table 6 (National Park Service 2015, 2016, entire; DLNR-DOFAW 2013, p. 
21; DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
    Section 11 is occupied by the plants Cyanea tritomantha, 
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa 
ssp. macraei, and Drosophila digressa--Unit 2 is occupied by the 
picture-wing fly Drosophila digressa. This section and unit include the 
wet forest, the moisture regime, and canopy, subcanopy, and understory 
native plant species identified as the physical or biological features 
in the wet forest ecosystem. Although Section 11 is not known to be 
occupied by Stenogyne cranwelliae, this section contains unoccupied 
habitat that is essential for the conservation of this species because 
it (1) is habitat for the species, (2) provides at least one of the 
physical or biological features essential for the conservation of the 
species, and (3) contributes to the area of habitat needed to 
reestablish wild populations within their range in support of recovery 
criteria for the species. For recovery, Stenogyne cranwelliae needs at 
least 20 populations, each with at least 500 reproducing individuals 
(Service 2022a, pp. 43-44). Therefore, we are reasonably certain that 
this section will contribute to the conservation of this species and 
that this section contains one or more of the physical or biological 
features that are essential to the conservation of the species. 
Approximately 14,695 ac (5,947 ha) of this section and unit overlap 
designated critical habitat for the federally endangered plants 
Clermontia peleana, Cyanea stictophylla, Cyrtandra giffardii, 
Phyllostegia velutina, and Sicyos alba (see 50 CFR 17.99(k) and 68 FR 
39624, July 2, 2003), and for the picture-wing fly Drosophila mulli 
Unit 1 ([revaps][Omacr]la[revaps]a Forest) and Unit 3 (Wai[amacr]kea 
Forest) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 12 and 
Drosophila digressa--Unit 9

    Section 12 and Drosophila digressa--Unit 9 consist of wet forest 
ecosystem in Ho[revaps]okena on the southwestern slopes of Mauna Loa. 
Newly designated critical habitat for Section 12 is entirely within 
critical habitat Unit 37 depicted on Map

[[Page 17928]]

106 and includes approximately 100 percent Federal land with less than 
1 ac (less than 1 ha) of land that is privately owned or has other 
ownership (see table 3, above). Lands within this section and unit are 
almost entirely managed by the Service within Hakalau Forest National 
Wildlife Refuge's Kona Forest Unit and in accordance with the Hakalau 
Forest National Wildlife Refuge Comprehensive Conservation Plan 
(Service 2010, pp. 2-13-2-19, 2-33-2-40). The State lands within this 
section and unit are managed under the Three Mountain Alliance 
Management Plan (TMA 2007, pp. 47-50). For general land use, threats, 
and special management considerations or protection measures to reduce 
or alleviate the threats within this section and unit, see table 6, 
above (Service 2010, entire; TMA 2007, pp. 26-37).
    Section 12 is occupied by the plant Cyanea marksii. This section 
and unit include the wet forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the wet forest ecosystem. Although 
Section 12 is not known to be occupied by Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne 
cranwelliae, and Drosophila digressa--Unit 9 is not known to be 
occupied by Drosophila digressa, this section and unit contain 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one of the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Phyllostegia floribunda and Schiedea diffusa ssp. macraei each need at 
least 10 populations, with at least 500 reproducing individuals per 
population; Pittosporum hawaiiense needs at least 10 populations, each 
with at least 400 reproducing individuals; and Stenogyne cranwelliae 
needs at least 20 populations, each with at least 500 reproducing 
individuals (Service 2022a, pp. 43-44). Drosophila digressa needs at 
least 10 stable populations for recovery (Service 2022a, p. 49). 
Therefore, we are reasonably certain that this section and unit will 
contribute to the conservation of these species and that this section 
and unit contain one or more of the physical or biological features 
that are essential to the conservation of these species. Approximately 
1,482 ac (600 ha) of this section and unit overlap designated critical 
habitat for the picture-wing fly Drosophila heteroneura Unit 2 (Kona 
Refuge) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Drosophila digressa--Unit 4

    Drosophila digressa--Unit 4 consists of mesic forest ecosystem at 
Manuk[amacr] on the southern slopes of Mauna Loa, with 100 percent of 
lands in State ownership (see table 3, above). All State-owned lands in 
this unit are managed by the State of Hawaii as part of the 
Manuk[amacr] Natural Area Reserve, under the Manuk[amacr] Natural Area 
Reserve Draft Management Plan (DLNR-DOFAW 1992, entire) and the Three 
Mountain Alliance Management Plan (TMA 2007, entire). For general land 
use, threats, and special management considerations or protection 
measures to reduce or alleviate the threats within this unit, see table 
6, above (DLNR-DOFAW 1992, entire).
    Drosophila digressa--Unit 4 is occupied by the picture-wing fly 
Drosophila digressa and includes the mesic forest, the moisture regime, 
and canopy, subcanopy, and understory native plant species identified 
as the physical or biological features in the mesic forest ecosystem. 
This entire unit (167 ac, 67 ha) overlaps designated critical habitat 
for the federally endangered plants Colubrina oppositifolia, Diellia 
erecta (now listed as Asplenium dielerectum), Flueggea neowawraea, 
Gouania vitifolia, Neraudia ovata, and Pleomele hawaiiensis (now listed 
as Dracaena konaensis) (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 
2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and 
Drosophila digressa--Unit 5

    Section 13 and Drosophila digressa--Unit 5 consist of wet forest 
ecosystem from K[imacr]p[amacr]hoehoe to Honomalino on the southwestern 
slopes of Mauna Loa. Lands within this section and unit include 
approximately 12 percent in State ownership and 88 percent in private/
other ownership (see table 3, above). Newly designated critical habitat 
for Section 13 is entirely within critical habitat Unit 41 depicted on 
Map 110. All State-owned lands in this section and unit are managed by 
the State of Hawaii as part of the K[imacr]p[amacr]hoehoe Natural Area 
Reserve and South Kona Forest Reserve Kapua-Manuk[amacr] Section. Some 
private lands are owned by The Nature Conservancy, within the Kona Hema 
Preserve. The State lands within this section and unit are managed 
under the K[imacr]p[amacr]hoehoe Natural Area Reserve Management Plan 
(DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management 
Plan (TMA 2007, entire). The Nature Conservancy's land is managed under 
the Forest Stewardship Management Plan for the Kona Hema Preserve (The 
Nature Conservancy 2017, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats within this section and unit, see table 6, above 
(DLNR-DOFAW 2002, entire).
    Section 13 is occupied by the plants Cyanea marksii, Phyllostegia 
floribunda, and Pittosporum hawaiiense. This section and unit include 
the wet forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. Although Section 13 is 
not known to be occupied by Schiedea diffusa ssp. macraei and Stenogyne 
cranwelliae, and Drosophila digressa--Unit 5 is not known to be 
occupied by Drosophila digressa, this section and unit contains 
unoccupied habitat that is essential for the conservation of these 
species because they (1) are habitat for these species, (2) provide at 
least one of the physical or biological features essential for the 
conservation of each of these species, and (3) contribute to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Schiedea diffusa ssp. macraei needs at least 10 populations, each with 
at least 500 reproducing individuals, and Stenogyne cranwelliae needs 
at least 20 populations, each with at least 500 reproducing individuals 
(Service 2022a, pp. 43-44). Drosophila digressa needs at least 10 
stable populations for recovery (Service 2022a, p. 49). Therefore, we 
are reasonably certain that this section and unit will contribute to 
the conservation of these species and that this section and unit 
contain one or more of the physical or biological features that are 
essential to the conservation of these species. There is no designated 
critical habitat for other listed species within this section and unit.

Cyanea tritomantha, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 14 and 
Drosophila digressa--Unit 3

    Section 14 and Drosophila digressa--Unit 3 are entirely overlapping 
and consist of wet and mesic forest ecosystems at Kahuku on the 
southern

[[Page 17929]]

slopes of Mauna Loa. Newly designated critical habitat for Section 14 
is comprised of a single unit of newly designated critical habitat, 
Unit 42 depicted on Map 111. Lands within this section and unit include 
approximately 100 percent in Federal ownership and less than 1 percent 
in State ownership (see table 3, above). Federal lands are managed by 
the National Park Service within the Hawai[revaps]i Volcanoes National 
Park in accordance with the Hawai[revaps]i Volcanoes National Park 
General Management Plan (National Park Service 2015, 2016, entire). All 
State-owned lands in this section and unit are managed by the State of 
Hawaii, are part of the Ka[revaps][umacr] Forest Reserve, and are 
managed under the Ka[revaps][umacr] Forest Reserve Management Plan 
(DLNR-DOFAW 2012, entire). For general land use, threats, and special 
management considerations or protection measures to reduce or alleviate 
the threats within this section and unit, see table 6, above (TMA 2007, 
pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
    Section 14 is occupied by the plants Pittosporum hawaiiense and 
Schiedea diffusa ssp. macraei. This section and unit include the wet 
and mesic forest, the moisture regime, and canopy, subcanopy, and 
understory native plant species identified as the physical or 
biological features in the wet and mesic forest ecosystems. Although 
Section 14 is not known to be occupied by the plants Cyanea 
tritomantha, Phyllostegia floribunda, or Stenogyne cranwelliae, or by 
the picture-wing fly Drosophila digressa in Drosophila digressa--Unit 
3, this section and unit contain unoccupied habitat that is essential 
for the conservation of these species because they (1) are habitat for 
these species, (2) provide at least one of the physical or biological 
features essential for the conservation of each of these species, and 
(3) contribute to the area of habitat needed to reestablish wild 
populations within their range in support of recovery criteria for each 
of these species. For recovery, Cyanea tritomantha and Phyllostegia 
floribunda each need at least 10 populations, with at least 500 
reproducing individuals per population, and Stenogyne cranwelliae needs 
at least 20 populations, each with at least 500 reproducing individuals 
(Service 2022a, pp. 43-44). Drosophila digressa needs at least 10 
stable populations for recovery (Service 2022a, p. 49). Therefore, we 
are reasonably certain that this section and unit will contribute to 
the conservation of these species and that this section and unit 
contain one or more of the physical or biological features that are 
essential to the conservation of these species. Approximately 681 ac 
(275 ha) of this section and unit overlap designated critical habitat 
for the picture-wing fly Drosophila heteroneura Unit 3 (Lower Kahuku) 
(see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis--Section 15

    Section 15 consists of wet forest ecosystem at 
Kam[amacr][revaps]ili near the east rift zone of K[imacr]lauea Volcano 
in the district of Puna. Lands within this section are entirely under 
State ownership managed by the State of Hawaii within the 
Keau[revaps]ohana Forest Reserve (see table 3, above). Section 15 is 
comprised of one unit: Unit 47, which is a newly designated critical 
habitat unit depicted on Map 116. The State lands within this section 
are managed under the Three Mountain Alliance's Management Plan (TMA 
2007, entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 40-43).
    Section 15 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. There is no designated 
critical habitat for other listed species within the section.

Cyrtandra nanawaleensis--Section 16

    Section 16 consists of wet forest ecosystem in P[amacr]hoa near the 
east rift zone of K[imacr]lauea Volcano in the district of Puna. Lands 
within this section include approximately 99 percent under State 
ownership and 1 percent in private/other ownership (see table 3, 
above). Section 16 is comprised of one unit: Unit 48, which is a newly 
designated critical habitat unit depicted on Map 116. All State-owned 
lands in this section are managed by the State of Hawaii as part of the 
N[amacr]n[amacr]wale Forest Reserve, under the Three Mountain 
Alliance's Management Plan (TMA 2007, entire). For general land use, 
threats, and special management considerations or protection measures 
to reduce or alleviate the threats within this section, see table 6, 
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
    Section 16 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, the moisture regime, and canopy, subcanopy, 
and understory native plant species identified as the physical or 
biological features in the wet forest ecosystem. There is no designated 
critical habitat for other listed species within the section.

Cyrtandra nanawaleensis--Section 17

    Section 17 consists of wet and mesic forest and mesic grassland and 
shrubland ecosystems at Malama-K[imacr] near the east rift zone of 
K[imacr]lauea Volcano in the district of Puna. Lands within this 
section include approximately 99 percent under State ownership and 1 
percent in private/other ownership (see table 3, above). Section 17 is 
comprised of one unit: Unit 49, which is a newly designated critical 
habitat unit depicted on Map 117. State-owned lands within this section 
are managed by the State of Hawaii within the Malama-K[imacr] Forest 
Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007, 
entire). For general land use, threats, and special management 
considerations or protection measures to reduce or alleviate the 
threats within this section, see table 6, above (DLNR-DOFAW 2022, 
entire; TMA 2007, pp. 40-43).
    Section 17 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, mesic forest, and mesic grassland and 
shrubland; the moisture regime; and canopy, subcanopy, and understory 
native plant species identified as the physical or biological features 
in the wet forest, mesic forest, and mesic grassland and shrubland 
ecosystems. There is no designated critical habitat for other listed 
species within the section.

Cyrtandra nanawaleensis--Section 18

    Section 18 consists of wet and mesic forest and mesic grassland and 
shrubland ecosystems at Kapoho near the east rift zone of K[imacr]lauea 
Volcano in the district of Puna. Lands within this section are entirely 
under State ownership (see table 3, above). Section 18 is comprised of 
one unit: Unit 50, which is a newly designated critical habitat unit 
depicted on Map 117. State-owned lands within this section are managed 
by the State of Hawaii within the N[amacr]n[amacr]wale Forest Reserve 
Halepua[revaps]a section, under the Three Mountain Alliance's 
Management Plan (TMA 2007, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 40-43).
    Section 18 is occupied by the plant Cyrtandra nanawaleensis and 
includes the wet forest, mesic forest, and mesic grassland and 
shrubland; the moisture regime; and canopy, subcanopy, and

[[Page 17930]]

understory native plant species identified as the physical or 
biological features in the wet forest, mesic forest, and mesic 
grassland and shrubland ecosystems. There is no designated critical 
habitat for other listed species within the section.

Schiedea hawaiiensis--Section 19

    Section 19 consists of dry forest ecosystem adjacent to the 
P[omacr]hakuloa Training Area in the saddle of Maunakea, Mauna Loa, and 
Hual[amacr]lai. Lands within this section are entirely in State 
ownership (see table 3, above). Designated critical habitat for Section 
19 is entirely within critical habitat Unit 55 depicted on Map 122. The 
State-owned lands in this section include the Pu[revaps]u Anahulu Game 
Management Area and are managed under the Three Mountain Alliance 
Management Plan (TMA 2007, entire). For general land use, threats, and 
special management considerations or protection measures to reduce or 
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2015, entire; TMA 2007, pp. 51-55).
    Section 19 is not known to be occupied by Schiedea hawaiiensis, but 
this section includes the dry forest, the moisture regime, and canopy, 
subcanopy, and understory native plant species identified as the 
physical or biological features in the dry forest ecosystems. This 
section also provides an area for potential population establishment, 
which is essential for the conservation of Schiedea hawaiiensis because 
10 populations are identified as part of the recovery criteria, but 
only 1 wild population and 3 reintroduced populations are extant. 
Although Section 19 contains unoccupied habitat for Schiedea 
hawaiiensis, we have determined this area is essential for the 
conservation of this species because it (1) is habitat for this 
species, (2) provides at least one of the physical or biological 
features essential for the conservation of this species, and (3) 
contributes to the area of habitat needed to reestablish wild 
populations within their range in support of the species' recovery 
criteria. At least 10 populations, each with at least 500 reproducing 
individuals, are necessary for the species' recovery (Service 2022a, 
pp. 43-44). Therefore, we are reasonably certain that this section will 
contribute to the conservation of this species and that this section 
contains one or more of the physical or biological features that are 
essential to the conservation of this species. Section 19 does not 
overlap with existing critical habitat for other listed species.

Cyanea marksii, Schiedea diffusa ssp. macraei--Section 20 and 
Drosophila digressa--Unit 6

    Section 20 and Drosophila digressa--Unit 6 consist of wet forest 
ecosystem from Miloli[revaps]i to Honomalino on the southwestern slopes 
of Mauna Loa. Lands within this section and unit are entirely in State 
ownership (see table 3, above). Newly designated critical habitat for 
Section 20 is entirely within critical habitat Unit 56 depicted on Map 
123. All State-owned lands in this section and unit are managed by the 
State of Hawaii as part of the South Kona Forest Reserve Kapua-
Manuk[amacr] Section, under the Three Mountain Alliance's Management 
Plan (TMA 2007, entire). For general land use, threats, and special 
management considerations or protection measures to reduce or alleviate 
the threats within this section and unit, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 47-50).
    Drosophila digressa--Unit 6 is occupied by the picture-wing fly 
Drosophila digressa. This section and unit include the wet forest, the 
moisture regime, and canopy, subcanopy, and understory native plant 
species identified as the physical or biological features in the wet 
forest ecosystem. Although Section 20 is not known to be occupied by 
Cyanea marksii and Schiedea diffusa ssp. macraei, this section contains 
unoccupied habitat that is essential for the conservation of these 
species because it (1) is habitat for these species, (2) provides at 
least one of the physical or biological features essential for the 
conservation of each of these species, and (3) contributes to the area 
of habitat needed to reestablish wild populations within their range in 
support of recovery criteria for each of these species. For recovery, 
Cyanea marksii and Schiedea diffusa ssp. macraei each need at least 10 
populations, each with at least 500 reproducing individuals (Service 
2022a, pp. 43-44). Therefore, we are reasonably certain that this 
section will contribute to the conservation of these species and that 
this section contains one or more of the physical or biological 
features that are essential to the conservation of these species. There 
is no critical habitat for other endangered or threatened species 
within this section and unit.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they authorize, fund, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species.
    We published a final rule revising the definition of destruction or 
adverse modification on August 27, 2019 (84 FR 44976). Destruction or 
adverse modification means a direct or indirect alteration that 
appreciably diminishes the value of critical habitat as a whole for the 
conservation of a listed species.
    Compliance with the requirements of section 7(a)(2) of the Act is 
documented through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the Service Director's opinion, avoid the likelihood 
of jeopardizing the continued existence of the listed species and/or 
avoid the likelihood of destroying or adversely modifying critical 
habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 set forth requirements for Federal 
agencies to reinitiate consultation if any of the following four 
conditions occur: (1) the amount or extent of taking specified in the 
incidental take statement is exceeded; (2) new information reveals 
effects of the action that may affect listed species or critical 
habitat in a manner or to an extent not previously considered; (3) the 
identified action is

[[Page 17931]]

subsequently modified in a manner that causes an effect to the listed 
species or critical habitat that was not considered in the biological 
opinion or written concurrence; or (4) a new species is listed or 
critical habitat designated that may be affected by the identified 
action. The reinitiation requirement applies only to actions that 
remain subject to some discretionary Federal involvement or control. As 
provided in 50 CFR 402.16, the requirement to reinitiate consultations 
for new species listings or critical habitat designation does not apply 
to certain agency actions (e.g., land management plans issued by the 
Bureau of Land Management in certain circumstances).

Destruction or Adverse Modification of Critical Habitat

    The key factor related to the destruction or adverse modification 
determination is whether implementation of the proposed Federal action 
directly or indirectly alters the designated critical habitat in a way 
that appreciably diminishes the value of the critical habitat as a 
whole for the conservation of the listed species. As discussed above, 
the role of critical habitat is to support the physical or biological 
features essential to the conservation of a listed species and provide 
for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may violate section 
7(a)(2) of the Act by destroying or adversely modifying such habitat, 
or that may be affected by such designation.
    Activities that we may, during a consultation under section 7(a)(2) 
of the Act, consider likely to destroy or adversely modify the critical 
habitat designated in this final rule include, but are not limited to, 
Federal actions that result in the removal or significant modification 
of designated critical habitat, or that would pose a risk of fire. Such 
activities may include military training activities with potential to 
cause wildland fires. We anticipate that most Federal activities that 
may cause effects to the critical habitat we are designating in this 
rule will also cause effects to the listed species, and as such we will 
already be in consultation with the Federal agency as to whether or not 
the activity jeopardizes the listed species. The exception is Section 
19 (Unit 55), which we are designating as critical habitat for Schiedea 
hawaiiensis but that section is not occupied by any of the 12 species 
addressed in this rulemaking. As there is not already a section 7 
consultation nexus based solely on the effects to these species (in the 
absence of them in the area presently), the effects of a Federal 
proposed action that could remove the physical or biological features 
essential to the conservation of the species--specifically, the 
associated native plant genera that are part of a functioning ecosystem 
in which S. hawaiiensis occurs or has historically occurred--would 
trigger section 7(a)(2) consultation because of the critical habitat 
designation. Within occupied areas, we do not anticipate recommending 
any project modifications to avoid destruction or adverse modification 
of critical habitat that would be different from those for avoiding 
jeopardy.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or controlled by the Department of Defense (DoD), or designated 
for its use, that are subject to an INRMP prepared under section 101 of 
the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing 
that such plan provides a benefit to the species for which critical 
habitat is proposed for designation.
    We consult with the military on the development and implementation 
of INRMPs for installations with listed species. Schiedea hawaiiensis 
is the only species with a completed, Service-approved INRMP for DoD 
lands located within the range of its critical habitat designation, as 
described below.

Approved INRMPs

P[omacr]hakuloa Training Area, 132,193 ac (53,497 ha)
    The P[omacr]hakuloa Training Area (PTA) is the sole installation 
under DoD jurisdiction on the island of Hawai[revaps]i. The PTA is 
located in the north-central portion on the island of Hawai[revaps]i, 
west of the Humu[revaps]ula Saddle, in an area formed by the 
convergence of three volcanic mountains: Mauna Kea, Mauna Loa, and 
Hual[amacr]lai. The PTA INRMP provides for wildlife management and 
habitat enhancement for four federally listed animal species and 20 
federally listed plant species, including Schiedea hawaiiensis, found 
within the PTA (PTA 2020, entire).
    The current PTA INRMP provides specific protections for S. 
hawaiiensis. Conservation actions to benefit S. hawaiiensis include 
collection and storage of seed from both wild and cultivated plants, 
propagation of plants from seed that are planted into suitable off-site 
habitat, and quarterly monitoring of plants to gauge the efficacy of 
management actions. All known wild S. hawaiiensis individuals are 
protected in fenced enclosures and are monitored at least annually. 
Seeds from wild and propagated S. hawaiiensis plants have been 
collected and stored, and hundreds of propagated S. hawaiiensis 
individuals have been outplanted at the PTA and in protected, off-site 
native habitats. With partnering agencies, the DoD constructed 15 
fenced units encompassing all known wild individuals of S. hawaiiensis 
in addition to other high-priority species in the PTA. Combined, these 
units protect roughly 37,300 ac (15,095 ha) of predominantly native 
forest from ungulates. The DoD also controls invasive plants and 
rodents within these fenced areas. The INRMP incorporates 
recommendations made by the Service to reduce fire risk. For example, 
wildland fires caused by military training activities are minimized by 
managing vegetation along a system of

[[Page 17932]]

fuel breaks and by controlling invasive grasses, which function as fine 
fuels, in buffers around occurrences of S. hawaiiensis and other listed 
species.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the PTA INRMP and that conservation efforts identified 
in the INRMP will provide a benefit to S. hawaiiensis. Therefore, lands 
within this installation are exempt from critical habitat designation 
under section 4(a)(3) of the Act. As such, and as we indicated in our 
March 29, 2023, proposed rule (88 FR 18756), we are not including 
approximately 22,730 ac (9,198 ha) of habitat in this final critical 
habitat designation because of this exemption.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from critical habitat based on economic 
impacts, impacts on national security, or any other relevant impacts. 
Exclusion decisions are governed by the regulations at 50 CFR 424.19 
and the Policy Regarding Implementation of Section 4(b)(2) of the 
Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226, 
February 11, 2016)--both of which were developed jointly with the 
National Marine Fisheries Service (NMFS). We also refer to a 2008 
Department of the Interior Solicitor's opinion entitled, ``The 
Secretary's Authority to Exclude Areas from a Critical Habitat 
Designation under Section 4(b)(2) of the Endangered Species Act'' (M-
37016). We explain each decision to exclude areas, as well as decisions 
not to exclude, to demonstrate that the decision is reasonable.
    The Secretary may exclude any particular area if she determines 
that the benefits of such exclusion outweigh the benefits of including 
such area as part of the critical habitat, unless she determines, based 
on the best scientific data available, that the failure to designate 
such area as critical habitat will result in the extinction of the 
species. In making the determination to exclude a particular area, the 
statute on its face, as well as the legislative history, are clear that 
the Secretary has broad discretion regarding which factor(s) to use and 
how much weight to give to any factor.
    We describe below the process that we undertook for deciding 
whether to exclude any areas--taking into consideration each category 
of impacts and our analysis of the relevant impacts.

Exclusions Based on Economic Impacts

    Section 4(b)(2) of the Act and its implementing regulations require 
that we consider the economic impact that may result from a designation 
of critical habitat. In order to consider economic impacts, we prepared 
an incremental effects memorandum (IEM) and screening analysis which, 
together with our narrative and interpretation of effects, we consider 
our economic analysis of the critical habitat designation and related 
factors (Service 2023o, entire; Industrial Economics, Incorporated 
(IEc) 2023a, entire). The economic analysis addressed probable economic 
impacts of critical habitat designation for the 12 Hawai[revaps]i 
species. Following the close of the comment period, we reviewed and 
evaluated all information submitted during the comment period that may 
pertain to our consideration of the probable incremental economic 
impacts of this critical habitat designation. Additional information 
relevant to the economic analysis of the critical habitat designation 
for the 12 Hawai[revaps]i species is summarized below and available in 
the screening analysis for the 12 Hawai[revaps]i species (IEc 2023a, 
entire), available at https://www.regulations.gov.
    In our economic screening analysis (IEc, 2023a, entire), we 
identified probable incremental economic impacts associated with the 
critical habitat designation of the 12 Hawai[revaps]i Island species 
that have a Federal nexus (Service 2023o, entire). Because we are 
designating as critical habitat one area (Cyanea marksii, Schiedea 
diffusa ssp. macraei--Section 20 and Drosophila digressa--Unit 6) in 
this final rule that is in addition to the designation we originally 
proposed, we considered the economic impacts of the addition in our 
final economic screening analysis and concluded that the total 
incremental costs of this final critical habitat designation are not 
expected to change relative to those projected for our proposed 
designation (IEc 2023b, p. 1).
    Critical habitat designation generally will not affect activities 
that do not have any Federal involvement. Under section 7 of the Act, 
Federal agencies are required to consult with the Service on activities 
they fund, permit, or implement that may affect the species or its 
critical habitat. When this final rule is effective (see DATES, above), 
Federal agencies will be required to consider the effects of their 
actions on the designated critical habitat of the 12 Hawai[revaps]i 
Island species. If the Federal action may affect critical habitat, our 
consultations will include measures to avoid the destruction or adverse 
modification of critical habitat.
    In our IEM, we distinguished between the economic effects that 
result from the species being listed versus those attributable to the 
critical habitat designation. The following specific circumstances in 
this case help to inform our evaluation: (1) the essential physical or 
biological features identified for critical habitat are the same 
features essential for the life requisites of the species; and (2) any 
actions that would likely adversely affect the essential physical or 
biological features of critical habitat are also likely to adversely 
affect any one of the 12 Hawai[revaps]i Island species, if present. In 
general, most of the economic effects result from the listing of the 
species in the first instance, rather than resulting from the 
designation of critical habitat. The IEM outlines our rationale 
concerning this limited distinction between baseline conservation 
efforts resulting from the listing of the species and the incremental 
impacts of the designation of critical habitat for these species. This 
evaluation of the incremental effects has been used as the basis to 
evaluate the probable incremental economic impacts of this designation 
of critical habitat.
    The critical habitat designation for the 12 Hawai[revaps]i Island 
species includes 21 distinct areas, subdivided into 42 units, totaling 
approximately 119,326 ac (48,289 ha). Lands within the designation are 
under Federal (27 percent), State (69 percent) and private/other (4 
percent) ownership. All units except one were occupied by one or more 
of the 12 species at the time of listing. The single unoccupied unit 
(Schiedea hawaiiensis--Section 19) is not located in the PTA, and any 
incremental costs to minimize wildfire risk to Section 19 (Unit 55) 
because of military training is dependent upon the U.S. Army's proposed 
action to be described in their upcoming biological assessment. 
Overall, the incremental costs of designating critical habitat for the 
12 Hawai[revaps]i Island species are likely to be limited to additional 
administrative effort to the consulting Federal agencies in conducting 
the adverse modification analysis. This additional administrative 
effort will be part of those section 7 consultations already required 
because of the Federal action's effects to listed species.
    The additional administrative effort associated with considering 
critical

[[Page 17933]]

habitat during the section 7 consultation process was estimated using 
data regarding level of effort needed in past consultations, including 
efforts to provide technical assistance to Federal agencies short of 
requiring consultation, as well as efforts involving informal and 
formal consultation. We estimate up to six requests for technical 
assistance, one informal consultation, and two formal consultations 
annually over the next 10 years. The maximum annual cost associated 
with these consultations is estimated not to exceed $48,000 (2022 
dollars). Therefore, the annual administrative burden is not expected 
to exceed the $200 million per year threshold that is considered 
economically significant under Executive Order (E.O.) 12866, as amended 
by E.O. 14094.
    We anticipate that in general this critical habitat designation is 
not likely to add to our recommendations for project modifications 
during future section 7 consultations, as any such recommendations 
would likely be as a result of considering effects to the species in 
the first place. However, in some instances, we may recommend 
modifications associated specifically with minimizing adverse effects 
to the designated critical habitat in order to ensure the Federal 
activities will not result in the destruction or adverse modification 
of critical habitat.
    For example, for activities with a Federal nexus that would involve 
entry into critical habitat that is susceptible to rapid 
[revaps][omacr]hi[revaps]a death (ROD), we anticipate recommending 
disinfecting gear to limit the transmission of fungal pathogens 
associated with ROD, and limiting trampling or damage to 
[revaps][omacr]hi[revaps]a in native-dominated forest areas. 
Disinfecting and other ROD control protocols are already part of best 
practices promoted by the Service and widely adopted by other agencies 
and conservation organizations. Therefore, such recommendations are 
unlikely to result in incremental costs because they are already part 
of standard protocols absent critical habitat.
    In unpredictable cases, a Federal agency may need to act to save 
human lives in response to volcanic activity or other such emergencies 
involving acts of God, disasters, casualties, national defense or 
security emergencies. In doing so this may result in effects to listed 
species and critical habitat. We expect the Federal agency would use 
the emergency consultation procedures available, including obtaining 
technical advice and recommendations from the Service for minimizing 
adverse effects during emergency response activities whenever possible, 
and subsequently consulting with the Service (see 50 CFR 402.05). We 
may determine that the emergency response may adversely modify critical 
habitat and recommend restoration activities to address the damage to 
habitat that would not be undertaken absent a critical habitat 
designation. If time allows, the Service may also be involved in 
designing the emergency response in order to minimize the potential for 
adverse effects on critical habitat, for example, for emergency access 
road placement. Data are not available to forecast costs associated 
with modifications to activities or restoration actions following 
emergency response efforts during volcanic activity or other 
unpredictable events. Even if historical costs were available, the 
incremental costs associated with any given emergency response activity 
are likely to vary widely and be highly fact- and context-specific.
    The probable incremental economic impacts of the critical habitat 
designations for the 12 Hawai[revaps]i Island species are expected to 
be limited to additional administrative effort as well as minor costs 
of conservation efforts resulting from a small number of future section 
7 consultations. This limited incremental economic impact is due to a 
large portion (94 percent) of the critical habitat designation being 
occupied by one or more of the 12 Hawai[revaps]i Island species and 
thus would require consultation for the species anyway (regardless of 
critical habitat), making additional incremental economic impacts of 
critical habitat designation limited mostly to administrative costs. At 
approximately $30,000 or less per consultation, the burden resulting 
from the designation of critical habitat for the 12 Hawai[revaps]i 
Island species, based on the anticipated annual number of consultations 
and associated consultation costs, is not expected to exceed a total of 
$48,000 in most years, across all affected parties, including the 
Service and other Federal agencies, and any other involved party. These 
costs incorporate requests for technical assistance and informal and 
formal consultation. We are not aware of any State or local regulations 
that would add additional requirements to private activities as a 
result of the Federal designation of critical habitat. Thus, the annual 
administrative burden is low.
    Although we do not anticipate incremental costs outside of the 
section 7 consultation process, additional incremental costs may occur 
if landowners or buyers perceive that the designation of critical 
habitat will restrict land or water use activities in some way and, 
therefore, lower the value or use of the land. Although we acknowledge 
the potential for these types of speculation-based costs, the 
likelihood of these potential future effects is uncertain, and data 
with which to estimate incremental costs are unavailable. Similarly, 
there may be economic impacts associated with the perceived beneficial 
effects of critical habitat on land values. However, the likelihood and 
magnitude of those such effects are also uncertain.
    In summary, while the specific costs of critical habitat 
designation for the 12 Hawai[revaps]i Island species are subject to 
uncertainty, it is unlikely that this rule will generate costs 
exceeding $200 million in a single year. Therefore, this rule is 
unlikely to meet the threshold for an economically significant rule, 
with regard to costs, under E.O. 12866, as amended by E.O. 14094.
    As discussed above, we considered the economic impacts of the 
critical habitat designation, and the Secretary is not exercising her 
discretion to exclude any areas from this designation of critical 
habitat for the 12 Hawai[revaps]i species based on economic impacts.

Exclusions Based on Impacts on National Security and Homeland Security

    In preparing this rule, we determined that there are no lands 
within the designated critical habitat for the 12 Hawai[revaps]i 
species that are owned or managed by the DoD or Department of Homeland 
Security, and, therefore, we anticipate no impact on national security 
or homeland security. We did not receive any additional information 
during the public comment period for the proposed designation regarding 
impacts of the designation on national security or homeland security 
that would support excluding any specific areas from the final critical 
habitat designation under authority of section 4(b)(2) and our 
implementing regulations at 50 CFR 424.19, as well as the 2016 Policy.

Exclusions Based on Other Relevant Impacts

    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security. To identify other relevant impacts that may affect the 
exclusion analysis, we consider a number of factors, including whether 
there are permitted conservation plans covering the species in the area 
such as HCPs, safe harbor agreements (SHAs), or candidate conservation 
agreements with assurances (CCAAs), or whether there are non-permitted 
conservation

[[Page 17934]]

agreements and partnerships that would be encouraged by designation of, 
or exclusion from, critical habitat. In addition, we look at whether 
Native Hawaiian Community conservation plans or partnerships, Native 
Hawaiian Organization resources, or government-to-government 
relationships of the United States with indigenous entities may be 
affected by the designation. We also consider any State, local, social, 
or other impacts that might occur because of the designation.
    When identifying the benefits of inclusion for an area, we consider 
the additional regulatory benefits that area would receive due to the 
protection from destruction or adverse modification as a result of 
actions with a Federal nexus, the educational benefits of mapping 
essential habitat for recovery of the listed species, and any benefits 
that may result from a designation due to State or Federal laws that 
may apply to critical habitat. In the case of the 12 Hawai[revaps]i 
species, the benefits of critical habitat include public awareness of 
the presence of these species and the importance of habitat protection, 
and, where a Federal nexus exists, increased habitat protection for 
these species due to the requirement to consult with the Service to 
avoid destroying or adversely modifying critical habitat.
    When identifying the benefits of exclusion, we consider, among 
other things, whether exclusion of a specific area is likely to result 
in conservation, or in the continuation, strengthening, or 
encouragement of partnerships. Additionally, continued implementation 
of an ongoing management plan that provides equal to or more 
conservation than a critical habitat designation would reduce the 
benefits of including that specific area in the critical habitat 
designation.
    We evaluate the existence of a conservation plan when considering 
the benefits of inclusion. We consider a variety of factors, including, 
but not limited to, whether the plan is finalized; how it provides for 
the conservation of the essential physical or biological features; 
whether there is a reasonable expectation that the conservation 
management strategies and actions contained in a management plan will 
be implemented into the future; whether the conservation strategies in 
the plan are likely to be effective; and whether the plan contains a 
monitoring program or adaptive management to ensure that the 
conservation measures are effective and can be adapted in the future in 
response to new information.
    After identifying the benefits of inclusion and the benefits of 
exclusion, we carefully weigh the two sides to evaluate whether the 
benefits of exclusion outweigh those of inclusion. If our analysis 
indicates that the benefits of exclusion outweigh the benefits of 
inclusion, we then determine whether exclusion would result in 
extinction of the species. If exclusion of an area from critical 
habitat will result in extinction, we will not exclude it from the 
designation.
    We evaluated whether certain lands in the proposed critical habitat 
designation are appropriate for exclusion from this final designation 
under section 4(b)(2) of the Act. In our March 29, 2023, proposed rule 
(88 FR 18756), we identified the areas we were considering for 
exclusion based largely on their conservation management; we received 
no additional requests from entities seeking additional exclusions in 
comments on the proposed rule. If the analysis indicates that the 
benefits of excluding lands from this final designation outweigh the 
benefits of designating those lands as critical habitat, then the 
Secretary may exercise her discretion to exclude those lands from the 
final designation. In the paragraphs below, we provide our analysis of 
the areas being excluded from this designation under section 4(b)(2) of 
the Act.
Private or Other Non-Federal Conservation Plans or Agreements and 
Partnerships, in General
    We sometimes exclude specific areas from critical habitat 
designations based in part on the existence of private or other non-
Federal conservation plans or agreements and their attendant 
partnerships. A conservation plan or agreement describes actions that 
are designed to provide for the conservation needs of a species and its 
habitat and may include actions to reduce or mitigate negative effects 
on the species caused by activities on or adjacent to the area covered 
by the plan. Conservation plans or agreements can be developed by 
private entities with no Service involvement or in partnership with the 
Service.
    We evaluate a variety of factors to determine how the benefits of 
any exclusion and the benefits of inclusion are affected by the 
existence of private or other non-Federal conservation plans or 
agreements and their attendant partnerships when we undertake a 
discretionary section 4(b)(2) exclusion analysis. A non-exhaustive list 
of factors that we will consider for non-permitted plans or agreements 
is shown below. These factors are not required elements of plans or 
agreements, and all items may not apply to every plan or agreement.
    a. The degree to which the record of the plan supports a conclusion 
that a critical habitat designation would impair the realization of 
benefits expected from the plan, agreement, or partnership.
    b. The extent of public participation in the development of the 
conservation plan.
    c. The degree to which there has been agency review and required 
determinations (e.g., State regulatory requirements), as necessary and 
appropriate.
    d. Whether National Environmental Policy Act (NEPA; 42 U.S.C. 4321 
et seq.) compliance was required.
    e. The demonstrated implementation and success of the chosen 
mechanism.
    f. The degree to which the plan or agreement provides for the 
conservation of the essential physical or biological features for the 
species.
    g. Whether there is a reasonable expectation that the conservation 
management strategies and actions contained in the conservation plan or 
agreement will be implemented.
    h. Whether the plan or agreement contains a monitoring program and 
adaptive management to ensure that the conservation measures are 
effective and can be modified in the future in response to new 
information.
    Watershed Partnerships--One factor we considered in our exclusion 
analysis is whether the landowner participates in a watershed 
partnership. In 2003, the State of Hawaii formally established the 
Hawai[revaps]i Association of Watershed Partnerships, which consists of 
more than 60 public and private landowners throughout the State; these 
landowners are committed to long-term protection and conservation of 
watershed areas. These watershed partnerships each have a conservation 
management plan that is updated every several years to include 
measurable objectives and a budget. Financial support for the watershed 
partnerships includes various long-term State funds and other Federal 
and private sources. Of the 10 watershed partnerships in operation, 3 
have lands within the critical habitat designation: Mauna Kea Watershed 
Alliance, Kohala Watershed Alliance, and Three Mountain Alliance. These 
watershed partnerships fund and conduct conservation efforts, including 
ungulate control and removal, and invasive weed management, that 
support one or more of the 12 Hawai[revaps]i Island species. The 
specific management plan associated with each watershed alliance or 
partnership is described in ``Non-

[[Page 17935]]

Permitted Conservation Plans, Agreements, or Partnerships,'' below.
Private or Other Non-Federal Conservation Plans Related to Permits 
Under Section 10 of the Act
    HCPs for incidental take permits under section 10(a)(1)(B) of the 
Act provide for partnerships with non-Federal entities to minimize and 
mitigate impacts to listed species and their habitat. In some cases, 
HCP permittees agree to do more for the conservation of the species and 
their habitats on private lands than designation of critical habitat 
would provide alone. We place great value on the partnerships that are 
developed during the preparation and implementation of HCPs.
    CCAAs and SHAs are voluntary agreements designed to conserve 
candidate and listed species, respectively, on non-Federal lands. In 
exchange for actions that contribute to the conservation of species on 
non-Federal lands, participating property owners are covered by an 
``enhancement of survival'' permit under section 10(a)(1)(A) of the 
Act, which authorizes incidental take of the covered species that may 
result from implementation of conservation actions, specific land uses, 
and, in the case of SHAs, the option to return to a baseline condition 
under the agreements. We also provide enrollees assurances that we will 
not impose further land-, water-, or resource-use restrictions, or 
require additional commitments of land, water, or finances, beyond 
those agreed to in the agreements.
    When we undertake a discretionary section 4(b)(2) exclusion 
analysis, we will always consider areas covered by an approved CCAA/
SHA/HCP, and we anticipate consistently excluding such areas if 
incidental take caused by the activities in those areas is covered by 
the permit under section 10 of the Act and the CCAA/SHA/HCP meets all 
of the following three factors (see the 2016 Policy for additional 
details):
    a. The permittee is properly implementing the CCAA/SHA/HCP and is 
expected to continue to do so for the term of the agreement. A CCAA/
SHA/HCP is properly implemented if the permittee is, and has been, 
fully implementing the commitments and provisions in the CCAA/SHA/HCP, 
implementing agreement, and permit.
    b. The species for which critical habitat is being designated is a 
covered species in the CCAA/SHA/HCP, or very similar in its habitat 
requirements to a covered species. The recognition that we extend to 
such an agreement depends on the degree to which the conservation 
measures undertaken in the CCAA/SHA/HCP would also protect the habitat 
features of the similar species.
    c. The CCAA/SHA/HCP specifically addresses the habitat of the 
species for which critical habitat is being designated and meets the 
conservation needs of the species in the planning area.
    The critical habitat designation as proposed included areas that 
are covered by the following permitted plan providing for the 
conservation of 7 of the 12 Hawai[revaps]i Island species, as specified 
below:
    Safe Harbor Agreement Trustees of the Estate of Bernice P. Bishop, 
DBA, Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands 
Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou and 
K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017--The 
permit holder for this SHA is Kamehameha Schools. Kamehameha Schools 
was established in 1887, through the will of Princess Bernice Pauahi 
Paki Bishop. Kamehameha Schools owns more than 362,000 ac (146,496 ha) 
of land throughout Hawaii, and part of Kamehameha Schools' mission is 
to protect Hawaii's environment through recognition of the significant 
cultural value of this land and its unique flora and fauna. In 2017, 
the SHA was approved by the Service and Hawaii Department of Land and 
Natural Resources for the Kamehameha School's Keauhou and K[imacr]lauea 
Forest lands, which comprise 32,280 ac (13,063 ha) on the east slope of 
Mauna Loa Volcano, on the island of Hawai[revaps]i.
    Under the SHA, koa (Acacia koa) tree silviculture will be 
conducted, including stand improvement through selective harvest and 
establishment of new or improvement of existing forest in formerly 
logged areas and degraded pasture lands (Kamehameha Schools 2017, pp. 
22-23). The conservation actions of Kamehameha Schools benefit habitat 
for Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne 
cranwelliae, and Drosophila digressa by promoting forest regeneration, 
which increases soil-water retention capacity and improves ecosystem 
resilience to drying climate conditions; controlling feral ungulates, 
which reduces trampling of and predation on these plants, including the 
host plants of Drosophila digressa; controlling weeds, which improves 
recruitment of native trees, including those that host Drosophila 
digressa; and taking actions that reduce the incidence of fire, which 
benefits forest habitat for these species by minimizing damage to that 
habitat by wildfire.
    We considered the following areas for exclusion from the critical 
habitat designation on Hawai[revaps]i Island based on this permitted 
plan:
    Plant Unit 51 and Drosophila digressa--Unit 2--The Kamehameha 
Schools are responsible for 93 ac (38 ha) of land included in the 
proposed critical habitat designation for Unit 51 which overlap a 
portion of Drosophila digressa--Unit 2. Conservation management actions 
on these lands occur under the Kamehameha Schools Keauhou and 
K[imacr]lauea Forest Lands SHA. This SHA is implemented effectively; 
specifically addresses habitat for Cyanea tritomantha, Cyrtandra 
wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila digressa; 
and meets the conservation needs for these species in the planning 
area. In addition to this SHA, this area in Unit 51 is also covered 
under two non-permitted conservation plans, the Kamehameha Schools 
[revaps][Amacr]ina Pauahi Natural Resources Management Program and the 
Three Mountain Alliance Management Plan (as described below). Both non-
permitted conservation plans are summarized below in ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' We provide a 
detailed balancing analysis for 93 ac (38 ha) in Unit 51 and Drosophila 
digressa--Unit 2 for exclusion from the final critical habitat 
designation because conservation actions occurring on the ground, 
including forest restoration, fire control measures, ungulate fence 
installation and maintenance, and control of invasive introduced 
plants, provide a conservation benefit to 7 of the 12 Hawai[revaps]i 
Island species, as specified below.
Non-Permitted Conservation Plans, Agreements, or Partnerships
    Shown below is a non-exhaustive list of factors that we consider in 
evaluating how non-permitted plans or agreements affect the benefits of 
inclusion or exclusion. These are not required elements of plans or 
agreements. Rather, they are some of the factors we may consider, and 
not all of these factors apply to every plan or agreement.
    (i) The degree to which the record of the plan, or information 
provided by proponents of an exclusion, supports a conclusion that a 
critical habitat designation would impair the realization of the 
benefits expected from the plan, agreement, or partnership.

[[Page 17936]]

    (ii) The extent of public participation in the development of the 
conservation plan.
    (iii) The degree to which agency review and required determinations 
(e.g., State regulatory requirements) have been completed, as necessary 
and appropriate.
    (iv) Whether NEPA compliance was required.
    (v) The demonstrated implementation and success of the chosen 
mechanism.
    (vi) The degree to which the plan or agreement provides for the 
conservation of the physical or biological features that are essential 
to the conservation of the species.
    (vii) Whether there is a reasonable expectation that the 
conservation management strategies and actions contained in a 
management plan or agreement will be implemented.
    (viii) Whether the plan or agreement contains a monitoring program 
and adaptive management to ensure that the conservation measures are 
effective and can be modified in the future in response to new 
information.
    The critical habitat designation includes areas that are covered by 
the following non-permitted plans providing for the conservation of one 
or more of the 12 Hawai[revaps]i Island species as specified below:
I. Watershed Partnerships
a. Mauna Kea Watershed Alliance and the Mauna Kea Watershed Management 
Plan
    The Mauna Kea Watershed Alliance Watershed Partnership is a 
coalition of private and public landowners and supporting agencies 
working to protect and restore watershed areas on Mauna Kea Volcano, 
Hawai[revaps]i (Mauna Kea Watershed Alliance 2022, entire). Lands that 
are managed by the Mauna Kea Watershed Alliance include more than 
500,000 ac (202,343 ha) on Mauna Kea Volcano on the island of 
Hawai[revaps]i. The Mauna Kea Watershed Alliance's shared vision is to 
protect and enhance watershed ecosystems, biodiversity, and natural 
resources through responsible management while promoting economic 
sustainability and providing recreational, subsistence, educational, 
and research opportunities. Staff of the Mauna Kea Watershed Alliance 
work cooperatively with landowners of the alliance to achieve this 
shared vision. Accordingly, fencing and ungulate control, control of 
introduced plants that are invasive, and reforestation efforts are 
conducted on lands within the Mauna Kea Watershed Alliance (Stewart 
2010, p. viii). Ungulate control benefits habitat for Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa by reducing the 
trampling of and predation on these plants, including the host plants 
of Drosophila digressa, leading to improved forest regeneration. 
Nonnative plant control improves recruitment of native trees, including 
host plants of Drosophila digressa, and reforestation provides greater 
areas of native plant associations that contribute to habitat and 
increases soil-water retention capacity, improving ecosystem resilience 
to drying climate conditions.
b. Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan
    The Kohala Watershed Partnership is a coalition of private and 
public landowners and supporting agencies whose goal is to show 
improvements in water and environmental quality by enabling 
comprehensive and sustainable watershed management projects that 
address the threats to the watershed, while maintaining its integrity 
and protecting its economic, socio-cultural, and ecological resources 
(Kohala Watershed Partnership (KWP) 2007, p. 3). Lands that are managed 
by Kohala Mountain Watershed Management Plan include approximately 
68,000 ac (27,519 ha) of forest and grass lands on the windward and 
leeward slopes of the Kohala Volcano on the island of Hawai[revaps]i 
(KWP 2007, p. 3). Conservation measures of this plan benefit habitat 
for Bidens hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae by promoting 
native forest and shrubland regeneration and increasing soil-water 
retention capacity through control of feral ungulates and weed control 
that improves recruitment of native trees and shrubs. Wildfire 
management and response benefits coastal habitat, forest, and shrubland 
habitats used by these species by minimizing fire damage (KWP 2007, pp. 
62-82).
c. Three Mountain Alliance Watershed Partnership and the Three Mountain 
Alliance Management Plan
    The Three Mountain Alliance Watershed Partnership is a coalition of 
private and public landowners and supporting agencies that are working 
to protect and restore watershed areas on Hawai[revaps]i Island (Three 
Mountain Alliance Management Plan (TMA) 2007, entire). Lands that are 
managed by the Three Mountain Alliance are 1,116,300 ac (451,751 ha) on 
Mauna Loa, K[imacr]lauea, and Hual[amacr]lai volcanoes or roughly 45 
percent of the island of Hawai[revaps]i. Project funding for the Three 
Mountain Alliance currently comes from Three Mountain Alliance members 
(primarily the Service, Hawaiis DOFAW, and Kamehameha Schools) and 
outside grants. Other Three Mountain Alliance members provide in-kind 
services to accomplish priority projects, for example, inmate labor or 
sharing personnel and equipment (TMA 2007, p. 56). Management under the 
Three Mountain Alliance Management Plan includes the following 
conservation actions: (1) strategic fencing and removal of ungulates; 
(2) regular monitoring for ungulates after fencing; (3) monitoring of 
habitat recovery; (4) surveys for rare taxa prior to new fence 
installations; (5) invasive, nonnative plant control; (6) 
reestablishment of native plant species; and (7) activities to reduce 
the threat of wildfire. Ungulate control reduces damage to native 
forests, including to host plants of Drosophila digressa; control of 
nonnative, invasive plants and out-planting of native plants, including 
host plants of Drosophila digressa, improves recruitment of native 
trees; and fire suppression activities reduce the damage from wildfires 
to habitats used by Cyanea marksii, Cyanea tritomantha, Cyrtandra 
wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila digressa.
II. Other Partnerships
a. Parker Ranch Sustainable Forestry Initiative
    Parker Ranch was founded in 1847, and currently encompasses more 
than 100,000 ac (40,469 ha) of land in the Hamakua, North Kohala, and 
South Kohala Districts on Mauna Kea and the Kohala Mountains on the 
island of Hawai[revaps]i. Parker Ranch recognizes forest health as a 
key indicator of overall ecosystem health and, as result, announced in 
2021 that it is seeking to collaborate with public and private partners 
to develop sustainable forestry programs on its lands (Parker Ranch 
2021, entire).
    For its Waipunalei lands on the eastern slope of Mauna Kea, Parker 
Ranch is developing a sustainable forestry program and is seeking to 
rehabilitate forest areas damaged by cattle grazing. In 2021, Parker 
Ranch fenced the Waipunalei Forestry Unit, a 1,500-ac (607-ha) parcel, 
and is removing feral grazing animals.

[[Page 17937]]

Waipunalei is managed to reduce threats to the native forest ecosystem 
and increase native forest canopy. Over the next 3 years, thousands of 
native seedlings will be planted, and weeds will be controlled across 
approximately 650 ac (263 ha) within the Waipunalei Forestry Unit 
(Parker Ranch 2023, pers. comm.).
    For its Waiemi lands on the Kohala Mountains, Parker Ranch is 
providing essential access and support to the State Department of Land 
and Natural Resources for priority watershed projects in Pu`u o Umi 
Natural Area Reserve and is supporting erosion control efforts above 
Pelekane Bay (Parker Ranch 2021, pers. comm.).
    Additionally, Parker Ranch is a member of the Mauna Kea Watershed 
Alliance (see ``a. Mauna Kea Watershed Alliance and the Mauna Kea 
Watershed Management Plan,'' above). Koa forestry benefits forest 
habitat used by Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Stenogyne cranwelliae, and Drosophila digressa by establishing 
new or improving forest in formerly logged areas and degraded pasture 
lands, increasing soil-water retention capacity, and improving 
ecosystem resilience to drying climate conditions through control of 
feral ungulates and weed control that improves recruitment of native 
trees, including the host plants of Drosophila digressa.
b. Kamehameha Schools [revaps][Amacr]ina Pauahi Natural Resources 
Management Program
    Kamehameha Schools owns more than 362,000 ac (146,496 ha) of land 
throughout Hawai[revaps]i. Part of Kamehameha Schools' mission is to 
protect Hawaii's environment through recognition of the significant 
cultural value of this land and its unique flora and fauna. 
Accordingly, Kamehameha Schools established a sustainable stewardship 
policy to guide the use of its lands through their [revaps][Amacr]ina 
Pauahi Natural Resources Management Program that includes the 
protection and conservation of natural resources, water resources, and 
ancestral places (Kamehameha Schools 2022, entire).
    Between 2000 and 2015, Kamehameha Schools increased active 
stewardship of native ecosystems by over 35-fold, from 3,000 ac (1,124 
ha) to 136,000 ac (55,037 ha); engaged in community collaborations to 
leverage external resources in support of culturally appropriate land 
stewardship; and developed and implemented its 2012 natural resource 
and cultural resource management plans representing Kamehameha Schools' 
responsibility to conduct prudent stewardship of the [revaps][amacr]ina 
(land). Kamehameha Schools manages some of its forested lands for 
income generation through sustainable koa and [revaps]iliahi or 
sandalwood (Santalum album) forestry and collaborates with county and 
other landowners in fire response planning to protect natural resources 
from fires. Fire suppression protects native forests and shrubland 
habitats from wildfire. These actions promote regeneration of native 
forests that support the 12 Hawai`i Island species.
c. Department of Hawaiian Home Lands [revaps][Amacr]ina Mauna Legacy 
Program
    The Department of Hawaiian Home Lands is governed by the Hawaiian 
Homes Commission Act of 1920, enacted by the U.S. Congress to protect 
and improve the lives of native Hawaiians. The Hawaiian Homes 
Commission Act of 1920 created a Hawaiian Homes Commission to 
administer certain public lands, called Hawaiian homelands, for native 
Hawaiian homesteads. These lands are not considered public lands in the 
general sense. The primary responsibilities of the Department of 
Hawaiian Home Lands are to serve its beneficiaries and to manage its 
extensive land trust, which consists of more than 200,000 ac (80,937 
ha) on the islands of Hawai[revaps]i, Maui, Moloka[revaps]i, 
L[amacr]na[revaps]i, O[revaps]ahu, and Kaua[revaps]i.
    The goal of the Department of Hawaiian Home Lands' 
[revaps][Amacr]ina Mauna Legacy Program is to restore and protect 
approximately 56,000 ac (22,662 ha) of native Hawaiian forest on Mauna 
Kea Volcano on the island of Hawai[revaps]i that is ecologically, 
culturally, and economically self-sustaining for the Hawaiian Home 
Lands Trust, its beneficiaries, and the community (Department of 
Hawaiian Home Lands 2009, p. 7). The Department of Hawaiian Home Lands 
[revaps][Amacr]ina Mauna Legacy Program describes activities to be 
conducted on Department of Hawaiian Home Lands lands over the next 100 
years, including native forest restoration and sustainable koa 
forestry; invasive plant control and remnant invasive species 
eradication; nonnative wildlife control and management (i.e., feral 
ungulate control); road system, fencing, and water systems 
infrastructure development and maintenance; and research and community 
outreach.
    Some forest areas in lands managed under the [revaps][Amacr]ina 
Mauna Legacy Program are degraded by a history of cattle grazing. Koa 
tree silviculture is in initial stages and will be conducted (at least 
during the next 100 years) on lands under this management designation, 
including stand improvement through selective harvest and establishment 
of new or improved forest in formerly logged areas and degraded pasture 
lands. Koa silviculture benefits habitat for the 12 species addressed 
in this final critical habitat designation by establishing new or 
improved forest, increasing soil-water retention capacity, and 
improving ecosystem resilience to drying climate conditions. Ungulate 
control reduces damage to [revaps][omacr]hi[revaps]a forests, maintains 
forest health, and prevents ungulates from degrading habitat for the 12 
species addressed in this final critical habitat designation. Control 
of nonnative, invasive plants and out-planting of native plants 
improves recruitment of native trees.
d. The Nature Conservancy Forest Stewardship Management Plan for the 
Kona Hema Preserve
    The Nature Conservancy Kona Hema Preserve was established in 1999, 
in the South Kona District of the island of Hawai[revaps]i. It is 
comprised of 8,076 ac (3,268 ha) in four management units. The 
management program for Kona Hema Preserve is documented in The Nature 
Conservancy's Forest Stewardship Management Plan for the Kona Hema 
Preserve, which details management measures to protect, restore, and 
enhance rare plants and animals and their habitats within the preserve 
and in adjacent areas (The Nature Conservancy 2017, entire).
    The primary management goals for the Kona Hema Preserve are to: (1) 
prevent degradation of native forest and shrubland by reducing feral 
ungulate damage; (2) improve or maintain the integrity of native 
ecosystems in selected areas of the preserve by reducing the effects of 
nonnative plants; (3) conduct small mammal control and reduce the 
negative impacts of small mammals where possible; (4) monitor and track 
the biological and physical resources in the preserve, evaluate changes 
in these resources over time, and encourage biological and 
environmental research; (5) prevent extinction of rare species in the 
preserve; (6) build public understanding and support for the 
preservation of natural areas, and enlist volunteer assistance for 
preserve management; and (7) protect the resources from fires in and 
around the preserve. Ungulate control reduces damage to 
[revaps][omacr]hi[revaps]a forests, maintains forest health, and 
prevents ungulates from degrading habitat for the 12 species addressed 
in this final critical habitat designation. Fire suppression reduces 
the damage from wildfires and provides protection for

[[Page 17938]]

forest and shrubland habitat. Invasive plant control improves 
recruitment of native trees, and small mammal control, particularly rat 
(Rattus spp.) control, reduces the potential for seed predation by rats 
on the plant species addressed in this final critical habitat 
designation.
Permitted and Non-Permitted Plans in Critical Habitat Units
    The Nature Conservancy manages 986 ac (399 ha) of land in plant 
Unit 41 and Drosophila digressa--Unit 5 that we identified as lands we 
were considering for exclusion in our March 29, 2023, proposed rule (88 
FR 18756). The Nature Conservancy benefits habitat of Cyanea marksii, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae, in plant Unit 41, and Drosophila 
digressa in Drosophila digressa--Unit 5, with conservation and 
management activities through The Nature Conservancy's Forest 
Stewardship Management Plan for the Kona Hema Preserve, and the Three 
Mountain Alliance Watershed Partnership and the Three Mountain Alliance 
Management Plan, described above. The Nature Conservancy lands in plant 
Unit 41 and Drosophila digressa--Unit 5 are within their Kona Hema 
Preserve, where they are actively conducting ungulate removal and 
native forest restoration, including invasive weed removal, to improve 
the habitat for all six species listed above.
    We had considered excluding the 986-ac (399-ha) parcel of Nature 
Conservancy land in plant Unit 41 and Drosophila digressa--Unit 5, but 
during the comment period on our March 29, 2023, proposed rule (88 FR 
18756), we received a request from The Nature Conservancy to include 
their 986-ac (399-ha) parcel in our final critical habitat designation, 
rather than exclude it. The Nature Conservancy expects that the 
inclusion of their Kona Hema Preserve lands in this final critical 
habitat designation will increase their potential to develop 
partnerships and implement conservation in the future for these species 
or for other federally listed and sensitive species in neighboring 
parcels.
    Therefore, because the 986 ac (399 ha) owned by The Nature 
Conservancy in plant Unit 41 and Drosophila digressa--Unit 5 meets the 
definition of critical habitat for Cyanea marksii, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa, and The Nature 
Conservancy supports the inclusion of their parcel in our designation, 
we are including this parcel in our final critical habitat designation 
without further investigation into potential benefits from excluding 
it.
    In the following discussion, we describe each of the parcels by 
landowner where we have conducted a balancing analysis and evaluated 
the benefits of inclusion in the critical habitat designation, the 
benefits of exclusion, our determination of whether the benefits of 
exclusion or inclusion are greater, and if exclusion would result in 
the extinction of the species. Specifically, we explain the benefit to 
the species of the watershed partnerships, permitted plans, or other 
non-permitted conservation plans, agreements, or partnerships, as well 
as other conservation actions implemented on certain lands that we have 
included in our balancing analysis and how the non-permitted 
conservation or management plans satisfy the non-exhaustive list of 
factors provided above under ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships'' that we may choose to consider in our 
evaluation. We indicate the acreage in each unit that we are excluding 
from the critical habitat designation based on our analysis.
I. Parker Ranch Lands
    Parker Ranch manages two parcels of land (403 ac (163 ha) and 372 
ac (151 ha)) in Units 52 and 54, respectively. These parcels were 
identified as lands we were considering for exclusion in our March 29, 
2023, proposed rule (88 FR 18756). As stated in table 3, the boundary 
for Drosophila digressa--Unit 1 is identical to Section 1 (plant Units 
3 and 52, combined).
    In the March 29, 2023, proposed rule, we reference an additional 
area of 547 ac (221 ha) in plant Unit 3 that is owned and managed by 
Parker Ranch but would not be considered for exclusion because it 
overlaps with existing critical habitat already designated for other 
species. During that proposed rule's public comment period, we held 
several meetings with Parker Ranch to answer questions regarding the 
critical habitat designation and obtain additional information 
concerning the management of their lands. During those discussions, 
Parker Ranch was supportive of the exclusion of their lands we were 
considering in Units 52 and 54, and was not interested in having the 
remaining 547 ac (221 ha) that are already designated for other species 
be a part of that exclusion. Further, we received no subsequent request 
from Parker Ranch that the 547-ac (221-ha) area be excluded, and 
therefore it remains in this final critical habitat designation.
    Conservation and management activities on Parker Ranch lands in 
Units 52 and 54, as well as Drosophila digressa--Unit 1, include those 
associated with Parker Ranch's Sustainable Forestry Initiative and 
Mauna Kea Watershed Alliance (see ``a. Parker Ranch Sustainable 
Forestry Initiative'' under II. Other Partnerships and ``a. Mauna Kea 
Watershed Alliance and the Mauna Kea Watershed Management Plan'' under 
I. Watership Partnerships, above). Conservation measures of Parker 
Ranch, through its Sustainable Forestry Initiative, benefit habitat for 
all species within Units 52 and 54 including Cyanea tritomantha, 
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa.
    Parker Ranch lands in Unit 52 are within their Waipunalei Forestry 
Unit, where Parker Ranch is actively conducting ungulate removal and 
native forest restoration, including invasive weed removal to support 
the habitat for all eight species within Unit 52. In Unit 54, within 
its Waiemi lands, Parker Ranch is providing essential access and 
support to the Hawaii State Department of Land and Natural Resources 
for priority watershed projects in Pu[revaps]u o Umi Natural Area 
Reserve and is supporting erosion control efforts above Pelekane Bay 
(Parker Ranch 2021, pers. comm.). Additionally, Parker Ranch is a 
member of the Mauna Kea Watershed Alliance (see ``a. Mauna Kea 
Watershed Alliance and the Mauna Kea Watershed Management Plan'' under 
I. Watership Partnerships, above). Parker Ranch's koa forestry 
activities benefit forest habitat used by Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa by establishing new or improved forest in formerly 
logged areas and degraded pasture lands, increasing soil-water 
retention capacity, and improving ecosystem resilience to drying 
climate conditions through control of feral ungulates and weed control 
that improves recruitment of native trees, including the host plants of 
Drosophila digressa.
    Based on Parker Ranch's management, Parker Ranch's Sustainable 
Forestry Initiative and participation in the Mauna Kea Watershed 
Alliance, we evaluated 403 ac (163 ha) in Unit 52 and Drosophila 
digressa--Unit 1, and 372 ac (151 ha) in Unit 54, of lands owned by 
Parker Ranch to determine if excluding these lands from the final 
critical habitat designation is appropriate.

[[Page 17939]]

Benefits of Inclusion--Parker Ranch
    The principal benefit of including an area in critical habitat 
designation is the requirement under section 7(a)(2) of the Act that 
Federal agencies ensure, in consultation with the Service, that actions 
that they fund, authorize, or carry out are not likely to result in the 
destruction or adverse modification of any designated critical habitat. 
Federal agencies must also consult with the Service on actions that may 
affect a listed species and refrain from actions that are likely to 
jeopardize the continued existence of such species. If the Service 
determines that the Federal action is likely to jeopardize the 
continued existence of the species, or result in the destruction or 
adverse modification of critical habitat, it will identify reasonable 
and prudent alternatives to the Federal action to avoid such results. 
The Service's analysis of effects to critical habitat (to determine 
whether destruction or adverse modification is likely) is a separate 
and different analysis from the Service's analysis of the effects to 
the species to determine whether jeopardy to the species is likely. 
Therefore, the difference in outcomes of these two analyses represents 
the regulatory benefit of critical habitat.
    For some actions, the outcome of these analyses will be similar, 
because effects from a Federal action to habitat will often also result 
in effects to the species. However, the regulatory standards are 
distinct for each. For the jeopardy analysis, the Service evaluates 
whether the action reasonably would be expected, directly or 
indirectly, to reduce appreciably the likelihood of both the survival 
and recovery of a listed species in the wild by reducing the 
reproduction, numbers, or distribution of that species. For the 
destruction or adverse modification analysis for critical habitat, the 
Service evaluates whether the action results in a direct or indirect 
alteration that appreciably diminishes the value of critical habitat as 
a whole for the conservation of the listed species. Thus, the critical 
habitat designation can confer additional protection to a species other 
than listing alone, particularly if the proposed Federal action does 
not itself impact individuals of the species, but does impact its 
critical habitat. Therefore, critical habitat designation may provide a 
regulatory benefit for Cyanea tritomantha, Cyrtandra wagneri, Melicope 
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea 
diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila digressa on 
lands owned by Parker Ranch in plant Units 52 and 54, and Drosophila 
digressa--Unit 1.
    Another possible benefit of including lands in critical habitat is 
public education regarding the potential conservation value of an area 
that may help focus conservation efforts on areas of high conservation 
value for certain species. We consider any information about Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa and their habitat that 
reaches a wide audience, including parties engaged in conservation 
activities, to be valuable. Designation of critical habitat would 
provide educational benefits by informing Federal agencies and the 
public about the presence of the species in these units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultations, and because of the occurrence of these species 
on Parker Ranch lands, it is expected that there may be some, but 
limited, benefits from including Parker Ranch lands in plant Units 52 
and 54, and in Drosophila digressa--Unit 1, in the critical habitat 
designation. The principal benefit of any designated critical habitat 
is that activities in and affecting such habitat require consultation 
under section 7 of the Act. Such consultation would ensure that 
adequate protection is provided to avoid destruction or adverse 
modification of critical habitat.
Benefits of Exclusion--Parker Ranch
    The benefits of excluding two parcels--one in plant Unit 52 and 
Drosophila digressa--Unit 1 (403 ac (163 ha)) and the other in plant 
Unit 54 (372 ac (151ha))--owned by Parker Ranch from this designation 
of critical habitat include: (1) the continued implementation of 
conservation plans (Parker Ranch's Sustainable Forestry Initiative and 
the Mauna Kea Watershed Management Plan) that include actions that 
benefit Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, Stenogyne cranwelliae, and Drosophila digressa; (2) 
strengthening of our effective partnership with Parker Ranch and other 
neighboring landowners to promote voluntary, proactive conservation of 
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa and their habitats; (3) 
allowance for continued meaningful collaboration and cooperation in 
working toward species recovery, including conservation benefits that 
might not otherwise occur; and (4) encouragement of developing and 
implementing conservation and management plans in the future for these 
species or other federally listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures 
(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.
    Excluding lands owned and managed by Parker Ranch in plant Unit 52 
and Drosophila digressa--Unit 1, and in plant Unit 54, from critical 
habitat will help foster the partnerships the landowners and land 
managers have developed with Federal and State agencies and local 
conservation organizations, will encourage the continued implementation 
of voluntary conservation actions for the benefit of the species and 
their habitats on these lands, and may also serve as a model and aid in 
fostering future cooperative relationships with other parties here and 
in other locations for the benefit of other endangered or threatened 
species. Therefore, we consider the positive effect of excluding from 
critical habitat areas managed by active conservation partners to be a 
significant benefit of exclusion.

[[Page 17940]]

Benefits of Exclusion Outweigh the Benefits of Inclusion--Parker Ranch
    We evaluated approximately 403 ac (163 ha) in Unit 52 and 
Drosophila digressa--Unit 1, and 372 ac (151 ha) in Unit 54, owned by 
Parker Ranch for exclusion from this designation of critical habitat. 
We determined the benefits of excluding these lands outweigh the 
benefits of including them as critical habitat for 12 species on 
Hawai[revaps]i Island. While Parker Ranch may receive Federal grants 
(actions which carry a Federal nexus) occasionally, all areas of Parker 
Ranch lands being evaluated for exclusion are occupied by one or more 
of the 12 species addressed in this final rule. Because these areas are 
occupied, the few section 7 consultations that may occur would include 
an analysis of the effects to the species under the jeopardy analysis, 
as described above. We expect that conservation measures that the 
Service would consider in addressing effects to the species under a 
jeopardy analysis would be very similar to those to address effects to 
the critical habitat under an adverse modification analysis. As such, 
we conclude that the additional regulatory and educational benefits of 
including these lands as critical habitat are relatively small because 
of the limited distinction between actions to avoid jeopardy and 
adverse modification. These marginal regulatory benefits of inclusion 
are further reduced by the existence of conservation plans and 
implemented actions, which include habitat conservation that addresses 
the special management considerations. Furthermore, the potential 
educational and informational benefits of critical habitat designation 
on areas of the Parker Ranch containing the physical and biological 
features essential to the conservation of Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa would be minimal because the landowners have 
demonstrated their knowledge of the species and their habitat needs in 
the process of developing conservation partnerships with the Service 
and others.
    In contrast, the benefits derived from excluding the lands owned by 
Parker Ranch and enhancing our partnership with this landowner are 
significant. Because voluntary conservation efforts for the benefit of 
listed species on non-Federal lands are so valuable, the Service 
considers the maintenance and encouragement of conservation 
partnerships to be a significant benefit of exclusion. The development 
and maintenance of effective working partnerships with non-Federal 
landowners for the conservation of listed species is particularly 
important in Hawaii, a State with relatively little Federal land 
ownership but many species of conservation concern. Excluding these 
areas on the Parker Ranch from critical habitat will help foster the 
partnerships Parker Ranch has developed with Federal and State agencies 
and local conservation organizations, and will encourage the continued 
implementation of voluntary conservation actions for the benefit of 
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa and their habitats.
    The current active conservation efforts on Parker Ranch lands in 
Unit 52 (Drosophila digressa--Unit 1) and Unit 54 benefit these 
species, satisfying factor (vi) of the section 4(b)(2) exclusion 
analysis, as described above under ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships.'' The partnerships and management plans 
are longstanding and have demonstrated implementation and success, and 
we have a reasonable expectation that the conservation management 
strategies or actions in the plans will be implemented, satisfying 
factors (v) and (vii) described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' The Parker Ranch's 
Sustainable Forestry Initiative and the Mauna Kea Watershed Management 
Plan include multiple objectives that satisfy factor (viii) described 
above under ``Non-Permitted Conservation Plans, Agreements, or 
Partnerships'' by promoting monitoring and adaptive management to 
ensure conservation measures are effective. In addition, these 
partnerships not only provide a benefit for the conservation of these 
species but may also serve as a model and aid in fostering future 
cooperative relationships with other parties in these areas of Hawai`i 
and in other locations for the benefit of other endangered or 
threatened species.
    Management by Parker Ranch through participation in the Mauna Kea 
Watershed Management Plan and implementation of their Sustainable 
Forestry Initiative provides significant habitat protection for Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa. We find that excluding 
areas from critical habitat that are under these long-term conservation 
and management plans to protect the habitat that supports these species 
will preserve our partnership with Parker Ranch in the State of Hawaii 
and will encourage future collaboration towards conservation and 
recovery of listed species. In summary, these partnership benefits to 
the subject species outweigh the small potential regulatory, 
educational, and ancillary benefits of including Parker Ranch lands in 
this final critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--Parker Ranch
    We determined that the exclusion of approximately 403 ac (163 ha) 
in Unit 52 and Drosophila digressa--Unit 1, and 372 ac (151 ha) in Unit 
54, owned by Parker Ranch from this designation of critical habitat 
will not result in the extinction of Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, or 
Drosophila digressa. Protections afforded to these species based on 
their listed status, and afforded to their habitats by the management 
and conservation plans, provide assurances that these species will not 
go extinct as a result of excluding these lands from the critical 
habitat designation.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative actions to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (though consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the further enhancement of essential habitat features 
that support recovery of listed species through exclusion of their 
lands from a critical habitat designation. The jeopardy standard of 
section 7 of the Act will continue to provide protection to listed 
species in these areas when there is a Federal nexus.
II. Laup[amacr]hoehoe Nui Lands
    Laup[amacr]hoehoe Nui manages two parcels of land (134 ac (54 ha) 
and 134 ac (54 ha)) in Units 53 and 54, respectively. These parcels 
were

[[Page 17941]]

identified as lands we were considering for exclusion in our March 29, 
2023, proposed rule (88 FR 18756).
    Conservation and management activities on Laup[amacr]hoehoe Nui 
lands in Units 53 and 54 include those associated with the Kohala 
Watershed Partnership and the Kohala Mountain Watershed Management Plan 
(see ``b. Kohala Watershed Partnership and the Kohala Mountain 
Watershed Management Plan'' under I. Watershed Partnerships, above). 
Conservation measures of Laup[amacr]hoehoe Nui, through the Kohala 
Mountain Watershed Management Plan, benefit habitat for all species 
within Units 53 and 54 including Bidens hillebrandiana ssp. 
hillebrandiana, Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae.
    Laup[amacr]hoehoe Nui lands in Unit 53 are managed by the Kohala 
Mountain Watershed Management Plan, where the Kohala Watershed 
Partnership is actively conducting ungulate removal and native forest 
restoration, including invasive weed removal to support the habitat for 
Bidens hillebrandiana ssp. hillebrandiana. In Unit 54, within its Upper 
Laup[amacr]hoehoe Nui Watershed Reserve, Laup[amacr]hoehoe Nui and the 
Kohala Watershed Partnership protected 2,000 ac (809 ha) important for 
aquifer recharge areas on Kohala Mountain, globally rare montane bog 
ecosystems, seabird nesting areas, and rare and endangered native 
plants (The Kohala Center 2019, p. 3). Laup[amacr]hoehoe Nui's Upper 
Laup[amacr]hoehoe Watershed Reserve benefits forest habitat used by 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae by restoring native forest in degraded lands, increasing 
soil-water retention capacity, and improving ecosystem resilience to 
drying climate conditions through control of feral ungulates and weed 
control that improves recruitment of native trees.
    Based on Laup[amacr]hoehoe Nui's management of its land under the 
Kohala Mountain Watershed Management Plan and participation in the 
Kohala Watershed Partnership, we evaluated 134 ac (54 ha) in Unit 53 
and 134 ac (54 ha) in Unit 54 of lands owned by Laup[amacr]hoehoe Nui 
to determine if excluding these lands from the final critical habitat 
designation is appropriate.
Benefits of Inclusion--Laup[amacr]hoehoe Nui
    As described above under ``Benefits of Inclusion--Parker Ranch,'' 
the principal benefit of including an area in critical habitat 
designation is the requirement of Federal agencies to consult with the 
Service on actions that may affect the critical habitat. This allows 
the Service to assess whether Federal actions authorized, funded, or 
carried out are likely to result in the destruction or adverse 
modification of designated critical habitat and, if so, to identify 
alternatives to avoid that result; this is in addition to assessing 
whether the Federal action is likely to jeopardize the listed species. 
Thus, the critical habitat designation may provide greater benefits to 
the species than the listing would alone. Therefore, critical habitat 
designation may provide a regulatory benefit for Bidens hillebrandiana 
ssp. hillebrandiana, Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae on lands owned by Laup[amacr]hoehoe Nui in Units 
53 and 54.
    Another possible benefit of including lands in critical habitat is 
public education regarding the potential conservation value of an area 
that may help focus conservation efforts on areas of high conservation 
value for certain species. We consider any information about Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae and their habitats that reaches a 
wide audience, including parties engaged in conservation activities, to 
be valuable. Designation of critical habitat would provide educational 
benefits by informing Federal agencies and the public about the 
presence of the species in these units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultations, and because of the occurrence of these species 
on Laup[amacr]hoehoe Nui lands, it is expected that there may be some, 
but limited, benefits from including Laup[amacr]hoehoe Nui lands in 
Units 53 and 54 in the critical habitat designation. The principal 
benefit of any designated critical habitat is that activities in and 
affecting such habitat require consultation under section 7 of the Act. 
Such consultation would ensure that adequate protection is provided to 
avoid destruction or adverse modification of critical habitat.
Benefits of Exclusion--Laup[amacr]hoehoe Nui
    The benefits of excluding two parcels--one in Unit 53 (134 ac (54 
ha)) and the other in Unit 54 (134 ac (54 ha))--owned by 
Laup[amacr]hoehoe Nui from this designation of critical habitat 
include: (1) the continued implementation of the conservation plan 
(Kohala Mountain Watershed Management Plan) that include actions that 
benefit Bidens hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae; (2) 
strengthening of our effective partnership with Laup[amacr]hoehoe Nui 
and other neighboring landowners to promote voluntary, proactive 
conservation of Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
and their habitat; (3) allowance for continued meaningful collaboration 
and cooperation in working toward species recovery, including 
conservation benefits that might not otherwise occur; and (4) 
encouragement of developing and implementing conservation and 
management plans in the future for these species or other federally 
listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures 
(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.

[[Page 17942]]

    Excluding lands owned and managed by Laup[amacr]hoehoe Nui in Units 
53 and 54 from critical habitat will help foster the partnerships the 
landowners and land managers have developed with Federal and State 
agencies and local conservation organizations, will encourage the 
continued implementation of voluntary conservation actions for the 
benefit of the species and their habitats on these lands, and may also 
serve as a model and aid in fostering future cooperative relationships 
with other parties here and in other locations for the benefit of other 
endangered or threatened species. Therefore, we consider the positive 
effect of excluding from critical habitat areas managed by active 
conservation partners to be a significant benefit of exclusion.
Benefits of Exclusion Outweigh the Benefits of Inclusion--
Laup[amacr]hoehoe Nui
    We evaluated approximately 134 ac (54 ha) in Unit 53 and 134 ac (54 
ha) in Unit 54 owned by Laup[amacr]hoehoe Nui for exclusion from this 
designation of critical habitat. We determined the benefits of 
excluding these lands outweigh the benefits of including them as 
critical habitat in this designation. We conclude that the additional 
regulatory and educational benefits of including these lands as 
critical habitat are relatively small because of the limited 
distinction between actions to avoid jeopardy and adverse modification. 
While Laup[amacr]hoehoe Nui may receive Federal grants (actions which 
carry a Federal nexus) from time to time, all areas of 
Laup[amacr]hoehoe Nui lands being evaluated are occupied by one or more 
of the 12 species addressed in this final rule. Therefore, the few 
section 7 consultations that may occur will include a jeopardy 
analysis, as described above, and conservation measures that apply to a 
jeopardy analysis are expected to be similar to those that apply to an 
adverse modification analysis. These marginal regulatory benefits are 
further reduced by the existence of conservation plans and implemented 
actions, which include habitat conservation that addresses the special 
management considerations. Furthermore, the potential educational and 
informational benefits of critical habitat designation on areas 
containing the physical and biological features essential to the 
conservation of Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
would be minimal because the landowner has demonstrated their knowledge 
of the species and their habitat needs in the process of developing 
conservation partnerships with the Service and others.
    In contrast, the benefits derived from excluding the lands owned by 
Laup[amacr]hoehoe Nui and enhancing our partnership with this landowner 
are significant. Because voluntary conservation efforts for the benefit 
of listed species on non-Federal lands are so valuable, the Service 
considers the maintenance and encouragement of conservation 
partnerships to be a significant benefit of exclusion. The development 
and maintenance of effective working partnerships with non-Federal 
landowners for the conservation of listed species is particularly 
important in Hawaii, a State with relatively little Federal land 
ownership but many species of conservation concern. Excluding these 
areas from critical habitat will help foster the partnerships the 
landowners and land managers in question have developed with Federal 
and State agencies and local conservation organizations and will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of Bidens hillebrandiana ssp. hillebrandiana, 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae and their habitats on these lands.
    The current active conservation efforts on Laup[amacr]hoehoe Nui 
lands in Units 53 and 54 benefit these species, satisfying factor (vi) 
of the section 4(b)(2) exclusion analysis, as described above under 
``Non-Permitted Conservation Plans, Agreements, or Partnerships.'' The 
partnership and management plan are longstanding and have demonstrated 
implementation and success, and we have a reasonable expectation that 
the conservation management strategies or actions in the plan will be 
implemented, satisfying factors (v) and (vii) described above under 
``Non-Permitted Conservation Plans, Agreements, or Partnerships.'' The 
Kohala Mountain Watershed Management Plan includes multiple objectives 
that satisfy factor (viii) described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships'' by promoting 
monitoring and adaptive management to ensure conservation measures are 
effective. In addition, this partnership not only provides a benefit 
for the conservation of these species but may also serve as a model and 
aid in fostering future cooperative relationships with other parties in 
these areas of Hawaii and in other locations for the benefit of other 
endangered or threatened species.
    Management by Laup[amacr]hoehoe Nui through participation in the 
Kohala Mountain Watershed Management Plan and Kohala Watershed 
Partnership provides significant habitat protection for Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae. We find that excluding areas from 
critical habitat that are under long-term conservation and management 
plans to protect the habitat that supports these species will preserve 
our partnership with Laup[amacr]hoehoe Nui in the State of Hawaii and 
will encourage future collaboration towards conservation and recovery 
of listed species. In summary, these partnership benefits to the 
subject species outweigh the small potential regulatory, educational, 
and ancillary benefits of including the Laup[amacr]hoehoe Nui lands in 
this final critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--
Laup[amacr]hoehoe Nui
    We determined that the exclusion of approximately 134 ac (54 ha) in 
Unit 53 and 134 ac (54 ha) in Unit 54 owned by Laup[amacr]hoehoe Nui 
from this designation of critical habitat will not result in the 
extinction of Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne cranwelliae. 
Protections afforded to these species based on their listed status, and 
afforded to their habitats by the management and conservation plan, 
provide assurances that these species will not go extinct as a result 
of excluding these lands from the critical habitat designation.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative actions to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (through consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the enhancement of essential habitat features for 
listed species through

[[Page 17943]]

exclusion of their lands from a critical habitat designation. The 
jeopardy standard of section 7 of the Act will continue to provide 
protection to listed species in these areas when there is a Federal 
nexus.
III. State Department of Hawaiian Home Lands
    State Department of Hawaiian Home Lands manages one parcel of land 
(36 ac (15 ha)) in Unit 54. This parcel was identified as land we were 
considering for exclusion in our March 29, 2023, proposed rule (88 FR 
18756).
    Conservation and management activities on the Department of 
Hawaiian Home Lands include those associated with the Kohala Mountain 
Watershed Partnership and the Kohala Watershed Management Plan, 
December 2007 (see ``b. Kohala Watershed Partnership and the Kohala 
Mountain Watershed Management Plan'' under I. Watershed Partnerships, 
above). Conservation measures of the Department of Hawaiian Home Lands 
through the Kohala Mountain Watershed Management Plan benefit habitat 
used by Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae.
    Based on Department of Hawaiian Home Lands management and 
participation in the Kohala Mountain Watershed Partnership, we 
evaluated 36 ac (15 ha) of lands owned by the Department of Hawaiian 
Home Lands in Unit 54 to determine if excluding these lands from the 
final critical habitat designation is appropriate.
Benefits of Inclusion--Department of Hawaiian Home Lands
    As described above under ``Benefits of Inclusion--Parker Ranch,'' 
the principal benefit of including an area in critical habitat 
designation is the requirement of Federal agencies to consult with the 
Service on actions that may affect the critical habitat. This allows 
the Service to assess whether Federal actions authorized, funded, or 
carried out are likely to result in the destruction or adverse 
modification of designated critical habitat and, if so, to identify 
alternatives to avoid that result; this is in addition to assessing 
whether the Federal action is likely to jeopardize the listed species. 
Thus, critical habitat designation may provide greater benefits to the 
recovery of a species than the listing would alone. Therefore, critical 
habitat designation may provide a regulatory benefit for Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae on 
lands owned by the Department of Hawaiian Home Lands in Unit 54.
    Another possible benefit of including lands in critical habitat is 
public education regarding the potential conservation value of an area 
that may help focus conservation efforts on areas of high conservation 
value for certain species. We consider any information about Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
and their habitats that reaches a wide audience, including parties 
engaged in conservation activities, to be valuable. Designation of 
critical habitat would provide educational benefits by informing 
Federal agencies and the public about the presence of the species in 
these units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultations, and because of the occurrence of these species 
on Department of Hawaiian Home Lands, it is expected that there may be 
some, but limited, benefits from including Department of Hawaiian Home 
Lands in Unit 54 in the critical habitat designation. The principal 
benefit of any designated critical habitat is that activities in and 
affecting such habitat require consultation under section 7 of the Act. 
Such consultation would ensure that adequate protection is provided to 
avoid destruction or adverse modification of critical habitat.
Benefits of Exclusion--Department of Hawaiian Home Lands
    The benefits of excluding the 36-ac (15-ha) parcel owned by the 
Department of Hawaiian Home Lands in Unit 54 from this designation of 
critical habitat include: (1) the continued implementation of 
conservation plans (Kohala Mountain Watershed Management Plan) that 
include actions that benefit Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae; (2) strengthening of our effective 
partnership with the Department of Hawaiian Home Lands and other 
neighboring landowners to promote voluntary, proactive conservation of 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae and their habitats; (3) allowance for continued meaningful 
collaboration and cooperation in working toward species recovery, 
including conservation benefits that might not otherwise occur; and (4) 
encouragement of developing and implementing conservation and 
management plans in the future for these species or other federally 
listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures 
(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.
    Excluding lands owned and managed by the Department of Hawaiian 
Home Lands in Unit 54 from critical habitat will help foster the 
partnerships the landowners and land managers have developed with 
Federal and State agencies and local conservation organizations, will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of the species and their habitats on these 
lands, and may also serve as a model and aid in fostering future 
cooperative relationships with other parties here and in other 
locations for the benefit of other endangered or threatened species. 
Therefore, we consider the positive effect of excluding from critical 
habitat areas managed by active conservation partners to be a 
significant benefit of exclusion.

[[Page 17944]]

Benefits of Exclusion Outweigh the Benefits of Inclusion--Department of 
Hawaiian Home Lands
    We evaluated 36 ac (15 ha) in Unit 54 owned by the Department of 
Hawaiian Home Lands for exclusion from this designation of critical 
habitat. We determined the benefits of excluding these lands outweigh 
the benefits of including them as critical habitat in this designation. 
We conclude that the additional regulatory and educational benefits of 
including these lands as critical habitat are relatively small because 
of the limited distinction between actions to avoid jeopardy and 
adverse modification. While the Department of Hawaiian Home Lands may 
receive Federal grants (actions which carry a Federal nexus) 
occasionally, all areas of Department of Hawaiian Home Lands being 
evaluated are occupied by one or more of the 12 species addressed in 
this final rule. Therefore, the few section 7 consultations that may 
occur will include a jeopardy analysis, as described above, and 
conservation measures that apply to a jeopardy analysis are expected to 
be similar to those that apply to an adverse modification analysis. 
These marginal regulatory benefits are further reduced by the existence 
of conservation plans and implemented actions, which include habitat 
conservation that addresses the special management considerations. 
Furthermore, the potential educational and informational benefits of 
critical habitat designation on areas containing the physical and 
biological features essential to the conservation of Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
would be minimal because the Department of Hawaiian Home Lands has 
demonstrated their knowledge of the species and their habitat needs in 
the process of developing conservation partnerships with the Service 
and others.
    In contrast, the benefits derived from excluding the lands owned by 
the Department of Hawaiian Home Lands and enhancing our partnership 
with this landowner is significant. Because voluntary conservation 
efforts for the benefit of listed species on non-Federal lands are so 
valuable, the Service considers the maintenance and encouragement of 
conservation partnerships to be a significant benefit of exclusion. The 
development and maintenance of effective working partnerships with non-
Federal landowners for the conservation of listed species is 
particularly important in Hawaii, a State with relatively little 
Federal land ownership but many species of conservation concern. 
Excluding these areas from critical habitat will help foster the 
partnerships the Department of Hawaiian Home Lands and its associated 
landowners have developed with Federal and State agencies and local 
conservation organizations and will encourage the continued 
implementation of voluntary conservation actions for the benefit of 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae and their habitats on this land.
    The current active conservation efforts on Department of Hawaiian 
Home Lands in Unit 54 benefit these species, satisfying factor (vi) of 
the section 4(b)(2) exclusion analysis, as described above under ``Non-
Permitted Conservation Plans, Agreements, or Partnerships.'' The 
partnerships and management plans are longstanding and have 
demonstrated implementation and success, and we have a reasonable 
expectation that the conservation management strategies or actions in 
the plans will be implemented, satisfying factors (v) and (vii) 
described above under ``Non-Permitted Conservation Plans, Agreements, 
or Partnerships.'' The Kohala Mountain Watershed Management Plan 
includes multiple objectives that satisfy factor (viii) described above 
under ``Non-Permitted Conservation Plans, Agreements, or Partnerships'' 
by promoting monitoring and adaptive management to ensure conservation 
measures are effective. In addition, these partnerships not only 
provide a benefit for the conservation of these species but may also 
serve as a model and aid in fostering future cooperative relationships 
with other parties in these areas of Hawai`i and in other locations for 
the benefit of other endangered or threatened species.
    Management by Department of Hawaiian Home Lands through 
participation in the Kohala Mountain Watershed Partnership and the 
Kohala Watershed Management Plan provides significant habitat 
protection for Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae. We find that excluding areas from critical 
habitat that are under long-term conservation and management to protect 
the habitats of these species will preserve our partnership with the 
Department of Hawaiian Home Lands in the State of Hawaii and will 
encourage future collaboration towards conservation and recovery of 
listed species. In summary, these partnership benefits to the subject 
species outweigh the small potential regulatory, educational, and 
ancillary benefits of including the Department of Hawaiian Home Lands 
parcels in this final critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--Department of 
Hawaiian Home Lands
    We determined that the exclusion of approximately 36 ac (15 ha) in 
Unit 54 owned by the Department of Hawaiian Home Lands from this 
designation of critical habitat will not result in the extinction of 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne 
cranwelliae. Protections afforded to these species based on their 
listed status, and afforded to their habitats by the management and 
conservation plans, provide assurances that these species will not go 
extinct as a result of excluding these lands from the critical habitat 
designation.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative actions to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (through consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the enhancement of essential habitat features for 
listed species through exclusion of their lands from a critical habitat 
designation. The jeopardy standard of section 7 of the Act will 
continue to provide protection to listed species in these areas when 
there is a Federal nexus.
IV. Kahua Ranch Lands
    Kahua Ranch manages 605 ac (245 ha) of land in Unit 54. This area 
was identified as land we were considering for exclusion in our March 
29, 2023, proposed rule (88 FR 18756).
    Conservation and management activities on Kahua Ranch lands in Unit 
54 include those associated with Kohala Watershed Partnership and the 
Kohala Mountain Watershed Management Plan (see ``b. Kohala Watershed 
Partnership and the Kohala Mountain Watershed

[[Page 17945]]

Management Plan'' under I. Watershed Partnerships, above). Conservation 
measures of Kahua Ranch, through the Kohala Mountain Watershed 
Management Plan, benefit habitat for all species within Unit 54, 
including Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae.
    Kahua Ranch lands in Unit 54 are managed according to the Kohala 
Mountain Watershed Management Plan. In Unit 54, within its Pu`u Pili 
Biodiversity Preserve, Kahua Ranch, the Kohala Watershed Partnership, 
and volunteers protected Kahua Ranch lands important for aquifer 
recharge areas on Kohala Mountain, globally rare cloud forest 
ecosystems, forest birds, and rare and endangered native plants (The 
Kohala Center 2019, p. 3). Additionally, Kahua Ranch is a member of the 
Kohala Watershed Partnership (see ``b. Kohala Watershed Partnership and 
the Kohala Mountain Watershed Management Plan'' under I. Watershed 
Partnerships, above). Kahua Ranch's Biodiversity Preserve benefits 
forest habitat used by Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae by restoring native forest in degraded pasture 
lands, increasing soil-water retention capacity, and improving 
ecosystem resilience to drying climate conditions through control of 
feral ungulates and weed control that improves recruitment of native 
trees.
    Based on Kahua Ranch's management of its land under the Kohala 
Mountain Watershed Management Plan and participation in the Kohala 
Watershed Partnership, we evaluated 605 ac (245 ha) of lands owned by 
Kahua Ranch in Unit 54 to determine if excluding these lands from the 
final critical habitat designation is appropriate.
Benefits of Inclusion--Kahua Ranch
    As described above under ``Benefits of Inclusion--Parker Ranch,'' 
the principal benefit of including an area in critical habitat 
designation is the requirement of Federal agencies to consult with the 
Service on actions that may affect the critical habitat. This allows 
the Service to assess whether Federal actions authorized, funded, or 
carried out are likely to result in the destruction or adverse 
modification of designated critical habitat and, if so, to identify 
alternatives to avoid that result; this is in addition to assessing 
whether the Federal action is likely to jeopardize the listed species. 
As such, critical habitat designation may provide greater benefits to 
the species than the listing would alone. Therefore, critical habitat 
designation may provide a regulatory benefit for Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae on lands owned 
by Kahua Ranch in Unit 54.
    Another possible benefit of including lands in critical habitat is 
public education regarding the potential conservation value of an area 
that may help focus conservation efforts on areas of high conservation 
value for certain species. We consider any information about Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
and their habitats that reaches a wide audience, including parties 
engaged in conservation activities, to be valuable. Designation of 
critical habitat would provide educational benefits by informing 
Federal agencies and the public about the presence of the species in 
these units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultation, and because of the occurrence of these species 
on Kahua Ranch lands, it is expected that there may be some, but 
limited, benefits from including Kahua Ranch lands in Unit 54 in the 
critical habitat designation. The principal benefit of any designated 
critical habitat is that any activities with a Federal nexus occurring 
in or affecting such habitat require consultation under section 7 of 
the Act. Such consultation would ensure that adequate protection is 
provided to avoid destruction or adverse modification of critical 
habitat.
Benefits of Exclusion--Kahua Ranch
    The benefits of excluding 605 ac (245 ha) owned by Kahua Ranch in 
Unit 54 from this designation of critical habitat include: (1) the 
continued implementation of conservation plans (The Kohala Mountain 
Watershed Management Plan) that include actions that benefit Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae; 
(2) strengthening of our effective partnership with Kahua Ranch and 
other neighboring landowners to promote voluntary, proactive 
conservation of Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae and their habitats; (3) allowance for continued 
meaningful collaboration and cooperation in working toward species 
recovery, including conservation benefits that might not otherwise 
occur; and (4) encouragement of developing and implementing 
conservation and management plans in the future for these species or 
other federally listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures 
(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.
    Excluding lands owned and managed by Kahua Ranch in Unit 54 from 
critical habitat will help foster the partnerships the landowners and 
land managers have developed with Federal and State agencies and local 
conservation organizations, will encourage the continued implementation 
of voluntary conservation actions for the benefit of the species and 
their habitats on these lands, and may also serve as a model and aid in 
fostering future cooperative relationships with other parties here and 
in other locations for the benefit of other endangered or threatened 
species. Therefore, we consider the positive effect of excluding from 
critical habitat areas managed by active conservation partners to be a 
significant benefit of exclusion.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Kahua Ranch
    We evaluated approximately 605 ac (245 ha) in Unit 54 owned by 
Kahua

[[Page 17946]]

Ranch for exclusion from the designation of critical habitat. We 
determined the benefits of excluding these lands outweigh the benefits 
of including them as critical habitat for the subject species on 
Hawai[revaps]i Island. We conclude that the additional regulatory and 
educational benefits of including these lands as critical habitat are 
relatively small because of the limited distinction between actions to 
avoid jeopardy and adverse modification. While Kahua Ranch may receive 
Federal grants (actions which carry a Federal nexus) occasionally, all 
areas of Kahua Ranch lands being evaluated are occupied by one or more 
of the 12 species addressed in this final rule. Therefore, the few 
section 7 consultations that may occur will include a jeopardy 
analysis, as described above, and conservation measures that apply to a 
jeopardy analysis are expected to be similar to those that apply to an 
adverse modification analysis. These marginal regulatory benefits are 
further reduced by the existence of conservation plans and implemented 
actions, which include habitat conservation that addresses the special 
management considerations. Furthermore, the potential educational and 
informational benefits of critical habitat designation on areas 
containing the physical and biological features essential to the 
conservation of Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae would be minimal because Kahua Ranch has 
demonstrated their knowledge of the species and their habitat needs in 
the process of developing conservation partnerships with the Service 
and others.
    In contrast, the benefits derived from excluding the lands owned by 
Kahua Ranch and enhancing our partnership with this landowner are 
significant. Because voluntary conservation efforts for the benefit of 
listed species on non-Federal lands are so valuable, the Service 
considers the maintenance and encouragement of conservation 
partnerships to be a significant benefit of exclusion. The development 
and maintenance of effective working partnerships with non-Federal 
landowners for the conservation of listed species is particularly 
important in Hawaii, a State with relatively little Federal land 
ownership but many species of conservation concern. Excluding these 
areas from critical habitat will help foster the partnerships the 
landowners and land managers in question have developed with Federal 
and State agencies and local conservation organizations and will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae and their habitats on these lands.
    The current active conservation efforts on Kahua Ranch lands in 
Unit 54 benefit these species, satisfying factor (vi) of the section 
4(b)(2) exclusion analysis, as described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' The partnerships and 
management plans are longstanding and have demonstrated implementation 
and success, and we have a reasonable expectation that the conservation 
management strategies or actions in the plans will be implemented, 
satisfying factors (v) and (vii) described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' The Kohala Mountain 
Watershed Management Plan includes multiple objectives that satisfy 
factor (viii) described above under ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships'' by promoting monitoring and adaptive 
management to ensure conservation measures are effective. In addition, 
these partnerships not only provide a benefit for the conservation of 
these species but may also serve as a model and aid in fostering future 
cooperative relationships with other parties in these areas of Hawaii 
and in other locations for the benefit of other endangered or 
threatened species.
    Management by Kahua Ranch through participation in the Kohala 
Watershed Partnership and implementation of the Kohala Mountain 
Watershed Management Plan provides significant habitat protection for 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae. We find that excluding areas from critical habitat that 
are under these long-term conservation and management plans to protect 
the habitat that supports these species will preserve our partnership 
with Kahua Ranch in the State of Hawaii and will encourage future 
collaboration towards conservation and recovery of listed species. In 
summary, these partnership benefits to the subject species outweigh the 
small potential regulatory, educational, and ancillary benefits of 
including the Kahua Ranch lands in this final critical habitat 
designation.
Exclusion Will Not Result in Extinction of the Species--Kahua Ranch
    We determined that the exclusion of approximately 605 ac (245 ha) 
owned by Kahua Ranch in Unit 54 from this designation of critical 
habitat will not result in the extinction of Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, or Stenogyne cranwelliae. Protections 
afforded to these species based on their listed status, and afforded to 
their habitats by the management and conservation plans, provide 
assurances that these species will not go extinct as a result of 
excluding these lands from the critical habitat designation.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative actions to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (through consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the enhancement of essential habitat features for 
listed species through exclusion of their lands from a critical habitat 
designation. The jeopardy standard of section 7 of the Act will 
continue to provide protection to listed species in these areas when 
there is a Federal nexus.
V. Queen Emma Foundation Lands
    Queen Emma Foundation owns and manages 475 ac (192 ha) in two 
parcels in Unit 54: one is 384 ac (155 ha), and the other is 91 ac (37 
ha). The 91-ac (37-ha) parcel overlaps existing designated critical 
habitat for the federally endangered picture-wing fly, Drosophila 
ochrobasis (see Drosophila ochrobasis--Unit 4--Kohala Mountains West at 
50 CFR 17.95(i) and 73 FR 73795, December 4, 2008). In our March 29, 
2023, proposed rule (88 FR 18756), we stated that we were considering 
these parcels for exclusion from this final critical habitat 
designation. For the purposes of distinguishing between these two Unit 
54 parcels in our balancing analysis below, we hereafter refer to the 
91-ac (37-ha) parcel that overlaps designated critical habitat for 
Drosophila ochrobasis as the ``D. ochrobasis parcel,'' and the 
remaining

[[Page 17947]]

384-ac (155-ha) parcel of Unit 54 simply as the ``Unit 54 parcel.''
    Conservation and management activities on Queen Emma Foundation 
lands in the Unit 54 parcel include those associated with the Kohala 
Watershed Partnership (see ``b. Kohala Watershed Partnership and the 
Kohala Mountain Watershed Management Plan'' under I. Watershed 
Partnerships, above) and the Pelekane Bay Watershed Restoration 
Project. The goal of this management plan and partnership is to improve 
the Kohala watershed's condition, and stewardship actions taken to 
achieve this goal include fencing to reduce feral ungulates, improving 
groundcover vegetation, and restoring native riparian forest and 
shrubland. Conservation measures of Queen Emma Foundation, through the 
Pelekane Bay Watershed Restoration Project and the Kohala Watershed 
Partnership, benefit habitat for all species in the Unit 54 parcel, 
including Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae. While the D. ochrobasis parcel would otherwise benefit 
from these same conservation measures, most management activities do 
not occur in the D. ochrobasis parcel because these 91 acres (37 ha) 
are made up of gulch areas with steep terrain which make the 
conservation activities that occur throughout the rest of Unit 54 
impractical here.
    Based on Queen Emma Foundation management and participation in the 
Kohala Watershed Partnership, we evaluated the two parcels of land 
owned by Queen Emma Foundation and considered for exclusion two parcels 
(384 ac (155 ha) in the Unit 54 parcel and 91 ac (37 ha) in the D. 
ochrobasis parcel) in Unit 54 separately, to determine if excluding 
those lands from the final critical habitat designation is appropriate.
Benefits of Inclusion--Queen Emma Foundation
    As described above under ``Benefits of Inclusion--Parker Ranch,'' 
the principal benefit of including an area in critical habitat 
designation is the requirement of Federal agencies to consult with the 
Service on actions that may affect the critical habitat. This allows 
the Service to assess whether Federal actions authorized, funded, or 
carried out are likely to result in the destruction or adverse 
modification of designated critical habitat and, if so, to identify 
alternatives to avoid that result; this is in addition to assessing 
whether the Federal action is likely to jeopardize the listed species. 
Thus, critical habitat designation may provide greater benefits to the 
species than the listing would alone. Therefore, critical habitat 
designation may provide a regulatory benefit for Cyanea tritomantha, 
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, 
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae on lands owned 
by Queen Emma Foundation in the Unit 54 parcel and the D. ochrobasis 
parcel.
    Another possible benefit of including lands in critical habitat is 
public education regarding the potential conservation value of an area 
that may help focus conservation efforts on areas of high conservation 
value for certain species. We consider any information about Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae 
and their habitats that reaches a wide audience, including parties 
engaged in conservation activities, to be valuable. Designation of 
critical habitat would provide educational benefits by informing 
Federal agencies and the public about the presence of the species in 
these units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultation, and because of the occurrence of these species 
on Queen Emma Foundation lands, it is expected that there may be some, 
but limited, benefits from including the Unit 54 parcel and the D. 
ochrobasis parcel of Queen Emma Foundation lands in the critical 
habitat designation. The principal benefit of any designated critical 
habitat is that activities in and affecting such habitat require 
consultation under section 7 of the Act. Such consultation would ensure 
that adequate protection is provided to avoid destruction or adverse 
modification of critical habitat.
Benefits of Exclusion--Queen Emma Foundation
    The benefits of excluding the 384-ac (155-ha) Unit 54 parcel owned 
by Queen Emma Foundation from this designation of critical habitat 
include: (1) the continued implementation of conservation plans (Kohala 
Mountain Watershed Management Plan) that include actions that benefit 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne 
cranwelliae; (2) strengthening of our effective partnership with Queen 
Emma Foundation and other neighboring landowners to promote voluntary, 
proactive conservation of Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae and their habitats; (3) allowance 
for continued meaningful collaboration and cooperation in working 
toward species recovery, including conservation efforts that might not 
otherwise occur; and (4) encouragement of developing and implementing 
conservation and management plans in the future for these species or 
other federally listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures 
(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.
    Excluding the 384-ac (155-ha) Unit 54 parcel of land owned and 
managed by Kahua Ranch from critical habitat will help foster the 
partnerships the landowners and land managers have developed with 
Federal and State agencies and local conservation organizations, will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of the species and their habitats on these 
lands, and may also serve as a model and aid in fostering future 
cooperative relationships with other parties here and in other 
locations for the benefit of other endangered or threatened species. 
Therefore, we consider the positive

[[Page 17948]]

effect of excluding from critical habitat areas managed by active 
conservation partners to be a significant benefit of exclusion.
    The benefits of excluding the D. ochrobasis parcel (91 ac (37 ha)) 
owned by Queen Emma Foundation from this designation of critical 
habitat are similar to those of the Unit 54 parcel, but to a lesser 
degree because most of the conservation management actions prescribed 
under the Kohala Mountain Watershed Management Plan are not implemented 
on the D. ochrobasis parcel. Even though the D. ochrobasis parcel and 
the Unit 54 parcel are both covered under the Kohala Mountain Watershed 
Management Plan, the steep terrain of the gulch areas that make up the 
D. ochrobasis parcel would make the actual implementation of 
conservation actions challenging, and would likely require specialized 
equipment to stablize gulch slopes and soils. As a result, most of the 
management activities associated with the Kohala Mountain Watershed 
Management Plan that the Queen Emma Foundation carries out throughout 
the rest of Unit 54 are not implemented in these 91 ac (37 ha) of steep 
gulch habitat. Therefore, the benefits of exclusion of the D. 
ochrobasis parcel are limited mostly to the potential to encourage 
effective partnerships with Queen Emma Foundation and other neighboring 
landowners.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Queen Emma 
Foundation, the Unit 54 Parcel
    We evaluated the approximately 384-ac (155-ha) parcel owned by 
Queen Emma Foundation in Unit 54 for exclusion from this designation of 
critical habitat. We determined the benefits of excluding the Unit 54 
parcel lands outweigh the benefits of including them as critical 
habitat in this designation. We conclude that the additional regulatory 
and educational benefits of including these lands as critical habitat 
are relatively small because of the limited distinction between actions 
to avoid jeopardy and adverse modification. While Queen Emma Foundation 
may receive Federal grants (actions which carry a Federal nexus) 
occasionally, all areas of Queen Emma Foundation lands being evaluated 
are occupied by one or more of the 12 species addressed in this final 
rule. Therefore, the few section 7 consultations that may occur will 
include a jeopardy analysis, as described above, and conservation 
measures that apply to a jeopardy analysis are expected to be similar 
to those that apply to an adverse modification analysis. These marginal 
regulatory benefits are further reduced by the existence of 
conservation plans and implemented actions in the Unit 54 parcel, which 
include habitat conservation that addresses the special management 
considerations. Furthermore, the potential educational and 
informational benefits of critical habitat designation on areas 
containing the physical and biological features essential to the 
conservation of Cyanea tritomantha, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and 
Stenogyne cranwelliae would be minimal in the Unit 54 parcel because 
the landowner has demonstrated their knowledge of the species and their 
habitat needs in the process of developing conservation partnerships 
with the Service and others.
    In contrast, the benefits derived from excluding the Unit 54 parcel 
lands owned by Queen Emma Foundation and enhancing our partnership with 
this landowner are significant. Because voluntary conservation efforts 
for the benefit of listed species on non-Federal lands are so valuable, 
the Service considers the maintenance and encouragement of conservation 
partnerships to be a significant benefit of exclusion. The development 
and maintenance of effective working partnerships with non-Federal 
landowners for the conservation of listed species is particularly 
important in Hawaii, a State with relatively little Federal land 
ownership but many species of conservation concern. Excluding the Unit 
54 parcel from critical habitat will help foster the partnerships the 
landowners and land managers in question have developed with Federal 
and State agencies and local conservation organizations and will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae and their habitats on these lands.
    The current active conservation efforts on Queen Emma Foundation 
lands in the Unit 54 parcel benefit these species, satisfying factor 
(vi) of the section 4(b)(2) exclusion analysis, as described above 
under ``Non-Permitted Conservation Plans, Agreements, or 
Partnerships.'' The partnership and management plan are longstanding 
and have demonstrated implementation and success, and we have a 
reasonable expectation that the conservation management strategies or 
actions in the plans will be implemented, satisfying factors (v) and 
(vii) described above under ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships.'' The Kohala Mountain Watershed Management 
Plan includes multiple objectives that satisfy factor (viii), described 
above under ``Non-Permitted Conservation Plans, Agreements, or 
Partnerships'' by promoting monitoring and adaptive management to 
ensure conservation measures are effective. In addition, this 
partnership not only provides a benefit for the conservation of these 
species but may also serve as a model and aid in fostering future 
cooperative relationships with other parties in these areas of Hawai`i 
and in other locations for the benefit of other endangered or 
threatened species.
    Management by Queen Emma Foundation through participation in the 
Kohala Mountain Watershed Management Plan and the Kohala Watershed 
Partnership provides significant habitat protection for Cyanea 
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae. 
We find that excluding the Unit 54 parcel from critical habitat which 
is under a long-term conservation and management plan to protect the 
habitats that support these species, will preserve our partnership with 
the Queen Emma Foundation in the State of Hawaii and will encourage 
future collaboration towards conservation and recovery of listed 
species. In summary, the partnership benefits to the subject species in 
the Unit 54 parcel outweigh the small potential regulatory, 
educational, and ancillary benefits of including the Unit 54 parcel in 
this final critical habitat designation.
Benefits of Inclusion Outweigh the Benefits of Exclusion--Queen Emma 
Foundation, the D. ochrobasis Parcel
    We evaluated the approximately 91-ac (37-ha) D. ochrobasis parcel 
owned by Queen Emma Foundation in Unit 54 for exclusion from this 
designation of critical habitat. We determined the benefits of 
including these lands outweigh the benefits of excluding them as 
critical habitat in this designation. We conclude that the additional 
regulatory and educational benefits of including the D. ochrobasis 
parcel as critical habitat outweigh the benefit afforded by the Kohala 
Mountain Watershed Management Plan, because most management activities 
under this plan cannot be carried out in this area due to practical 
concerns. Furthermore, the potential educational and informational 
benefits of critical habitat

[[Page 17949]]

designation on areas containing the physical and biological features 
essential to the conservation of Cyanea tritomantha, Melicope remyi, 
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. 
macraei, and Stenogyne cranwelliae within the riparian and gulch areas 
of the D. ochrobasis parcel would be relatively significant. In 
contrast, the benefits derived from excluding the lands owned by Queen 
Emma Foundation in the D. ochrobasis parcel would be limited to 
potentially enhancing partnerships. In addition, we held discussions 
with the Queen Emma Foundation regarding their land management 
activities in Unit 54 during the public comment period that followed 
our March 29, 2023, proposed rule (88 FR 18756). They confirmed at that 
time that the steep gulches that make up the 91 ac of the D. ochrobasis 
parcel restrict implementation of most of the habitat management 
activities that they perform on the rest of their lands in Unit 54, and 
they were amenable to those 91 ac being part of the critical habitat 
designation rather than excluded with the remaining 384 ac. In summary, 
we conclude that though minor, the potential regulatory, educational, 
and ancillary benefits of including the D. ochrobasis parcel in this 
final critical habitat designation outweigh the limited potential to 
enhance partnerships.
Exclusion Will Not Result in Extinction of the Species--Queen Emma 
Foundation, the Unit 54 Parcel
    We determined that the exclusion of approximately 384 ac (155 ha) 
in the Unit 54 parcel owned by Queen Emma Foundation from this 
designation of critical habitat will not result in the extinction of 
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, 
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne 
cranwelliae. Protections afforded to these species based on their 
listed status, and afforded to their habitats by the management and 
conservation plans, provide assurances that these species will not go 
extinct as a result of excluding these lands from the critical habitat 
designation.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative action to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (though consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the enhancement of essential habitat features for 
listed species through exclusion of their lands from a critical habitat 
designation. The jeopardy standard of section 7 of the Act will 
continue to provide protection to listed species in these areas when 
there is a Federal nexus.
VI. Kamehameha Schools Lands
    Kamehameha Schools manages five parcels of land (155 ac (63 ha), 33 
ac (13 ha), 176 ac (71 ha), 647 ac (262 ha), and 93 ac (38 ha)) in 
Units 52, 53, 54, 44, and 51, respectively. These parcels were 
identified as lands we were considering for exclusion in our March 29, 
2023, proposed rule (88 FR 18756). As stated in table 3, the boundaries 
for Drosophila digressa--Units 1 and 2 are identical to Section 1 
(plant Unit 52) and Section 11 (plant Unit 51), respectively.
    Conservation and management activities on Kamehameha Schools lands 
in Units 52, 53, 54, 44, and 51, as well as Drosophila digressa--Units 
1 and 2, include activities associated with Kamehameha Schools 
`[Amacr]ina Pauahi Natural Resources Management Program Units 52, 53, 
54, 44, 51, 1, and 2; Mauna Kea Watershed Alliance Units 52 and 1; 
Mauna Kea Watershed Management Plan Units 52 and 1; Kohala Watershed 
Partnership Units 53 and 54; Kohala Mountain Watershed Management Plan 
Units 53 and 54; the Three Mountain Alliance Management Plan Units 44, 
51, and 2; and Safe Harbor Agreement Trustees of the Estate of Bernice 
P. Bishop, Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands 
Safe Harbor Agreement Units 51 and 2 (see, above, Safe Harbor Agreement 
Trustees of the Estate of Bernice P. Bishop, DBA, Kamehameha Schools 
Keauhou and K[imacr]lauea Forest Lands Hawai`i Island, Hawai`i 
(Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor 
Agreement), June 2017 under ``Private or Other Non-Federal Conservation 
Plans Related to Permits Under Section 10 of the Act''; ``a. Mauna Kea 
Watershed Alliance and the Mauna Kea Watershed Management Plan,'' ``b. 
Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan,'' and ``c. Three Mountain Alliance Watershed 
Partnership and the Three Mountain Alliance Management Plan'' under I. 
Watershed Partnerships in ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships''; and ``b. Kamehameha Schools `[Amacr]ina 
Pauahi Natural Resources Management Program'' under II. Other 
Partnerships in ``Non-Permitted Conservation Plans, Agreements, or 
Partnerships''). Conservation measures of Kamehameha Schools, through 
its Kamehameha Schools `[Amacr]ina Pauahi Natural Resources Management 
Program, benefit habitat for all species within Units 52, 53, 54, 44, 
and 51, as well as Drosophila digressa--Units 1 and 2, including Bidens 
hillebrandiana ssp. hillebrandiana (Unit 53), Cyanea tritomantha (Units 
52, 54, 44, and 51), Cyrtandra wagneri (Unit 52), Melicope remyi (Units 
52 and 54), Phyllostegia floribunda (Units 52, 54, and 51), Pittosporum 
hawaiiense (Units 52, 54, 44, and 51), Schiedea diffusa ssp. macraei 
(Units 52, 54, 44, and 51), Stenogyne cranwelliae (Units 52, 54, 44, 
and 51), and Drosophila digressa (Units 1 and 2). In total, Kamehameha 
Schools owns and manages 1,104 ac (447 ha) of lands that were proposed 
as critical habitat for 9 of the 12 species that are the subjects of 
this critical habitat designation. Of these lands owned by Kamehameha 
Schools, 155 ac (63 ha) are within Section 1 and Drosophila digressa--
Unit 1; 33 ac (13 ha) are within Section 2; 176 ac (71 ha) are within 
Section 3; 647 ac (262 ha) are within Section 8; and 93 ac (38 ha) are 
within Section 11 and Drosophila digressa--Unit 2.
    Conservation management activities on all 1,104 ac (447 ha) of 
these lands include those associated with the Kamehameha Schools 
`[Amacr]ina Pauahi Natural Resources Management Program, described 
below. On the 155 ac (63 ha) within Section 1 and Drosophila digressa--
Unit 1, conservation management activities also include those 
associated with the Mauna Kea Watershed Alliance and the Mauna Kea 
Watershed Management Plan (see ``a. Mauna Kea Watershed Alliance and 
the Mauna Kea Watershed Management Plan'' under I. Watershed 
Partnerships in ``Non-Permitted Conservation Plans, Agreements, or 
Partnerships,'' above). On the 209 ac (85 ha) within Sections 2 and 3, 
conservation management activities also include those associated with 
the Kohala Watershed Partnership and the Kohala Mountain Watershed 
Management Plan (see ``b. Kohala Watershed Partnership and the Kohala 
Mountain Watershed Management Plan'' under I. Watershed Partnerships in 
``Non-Permitted Conservation Plans, Agreements, or Partnerships,'' 
above). On the 740 ac (299 ha) within Sections 8 and 11 and Drosophila 
digressa--Unit

[[Page 17950]]

2, conservation management activities also include those associated 
with the Three Mountain Alliance Watershed Partnership and the Three 
Mountain Alliance Management Plan (see ``c. Three Mountain Alliance 
Watershed Partnership and the Three Mountain Alliance Management Plan'' 
under I. Watershed Partnerships in ``Non-Permitted Conservation Plans, 
Agreements, or Partnerships,'' above). The 93 ac (38 ha) within Section 
11 and Drosophila digressa--Unit 2 are also covered by the Kamehameha 
Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor Agreement, 
described above under ``Private or Other Non-Federal Conservation Plans 
Related to Permits Under Section 10 of the Act.''
    The conservation actions of Kamehameha Schools benefit habitat for 
Bidens hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, 
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa by promoting forest regeneration, which increases 
soil-water retention capacity and improves ecosystem resilience to 
drying climate conditions; controlling feral ungulates, which reduces 
trampling of and predation on these plants, including the host plants 
of Drosophila digressa; and controlling weeds, which improves 
recruitment of native trees, including those that host Drosophila 
digressa and support habitat for these species. Kamehameha Schools also 
takes actions that reduce the incidence of fire, which benefits forest 
habitat for these species by minimizing wildland fire risk.
    Based on Kamehameha Schools' management; Kamehameha Schools 
`[Amacr]ina Pauahi Natural Resources Management Program; and 
participation in the Mauna Kea Watershed Alliance, Mauna Kea Watershed 
Management Plan, Kohala Watershed Partnership, the Kohala Mountain 
Watershed Management Plan, the Three Mountain Alliance Management Plan, 
and the Safe Harbor Agreement Trustees of the Estate of Bernice P. 
Bishop (Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands Safe 
Harbor Agreement), we evaluated the following lands owned by Kamehameha 
Schools and considered for exclusion to determine if excluding these 
lands from the final critical habitat designation is appropriate: 155 
ac (63 ha), 33 ac (13 ha), 176 ac (71 ha), 647 ac (262 ha), and 93 ac 
(38 ha) in Units 52, 53, 54, 44, and 51, respectively, and Drosophila 
digressa--Unit 1 (155 ac (63 ha)) and Unit 2 (92 ac (37 ha)).
Benefits of Inclusion--Kamehameha Schools
    As described above under ``Benefits of Inclusion--Parker Ranch,'' 
the principal benefit of including an area in critical habitat 
designation is the requirement of Federal agencies to consult with the 
Service on actions that may affect the critical habitat. This allows 
the Service to assess whether Federal actions authorized, funded, or 
carried out are likely to result in the destruction or adverse 
modification of designated critical habitat and, if so, to identify 
alternatives to avoid that result; this is in addition to assessing 
whether the Federal action is likely to jeopardize the listed species. 
Thus, critical habitat designation may provide greater benefits to the 
species than the listing would alone. Therefore, critical habitat 
designation may provide a regulatory benefit for Bidens hillebrandiana 
ssp. hillebrandiana (Unit 53), Cyanea tritomantha (Units 52, 54, 44, 
and 51) , Cyrtandra wagneri (Unit 52), Melicope remyi (Units 52 and 
54), Phyllostegia floribunda (Units 52, 54, and 51), Pittosporum 
hawaiiense Units (52, 54, 44, and 51), Schiedea diffusa ssp. macraei 
(Units 52, 54, 44, and 51), Stenogyne cranwelliae (Units 52, 54, 44, 
and 51), and Drosophila digressa (Units 1 and 2) on lands owned by 
Kamehameha Schools in Units 52, 53, 54, 44, and 51, and Drosophila 
digressa--Units 1 and 2.
    Another possible benefit is that the designation of critical 
habitat can serve to educate the landowner and public regarding the 
potential conservation value of an area, and this may focus and 
contribute to conservation efforts by other parties by clearly 
delineating areas of high conservation value for certain species. Due 
to the reliance of these species on the remaining coastal, mesic 
forest, wet forest, and wet grassland and shrubland ecosystems, the 
relative importance of these parcels to the species is high, and any 
information about these nine species and their habitats that reaches a 
wide audience, including other parties engaged in conservation 
activities, would be considered valuable. Designation of critical 
habitat would provide educational benefits by informing Federal 
agencies and the public about the presence of the species in these 
units.
    Therefore, because activities with a Federal nexus will require 
section 7 consultation, and because of the occurrence of these species 
on Kamehameha Schools lands, it is expected that there may be some, but 
limited, benefits from including Kamehameha Schools land in this final 
critical habitat designation. The principal benefit of any designated 
critical habitat is that activities occurring in or affecting such 
habitat require consultation under section 7 of the Act. Such 
consultation would ensure that adequate protection is provided to avoid 
destruction or adverse modification of critical habitat.
Benefits of Exclusion--Kamehameha Schools
    The benefits of excluding the five parcels (155 ac (63 ha), 33 ac 
(13 ha), 176 ac (71 ha), 647 ac (262 ha), and 93 ac (38 ha) in Units 
52, 53, 54, 44, and 51, respectively, and Drosophila digressa Units 1 
(155 ac (63 ha)) and 2 (92 ac (37 ha))) owned by Kamehameha Schools 
from this designation of critical habitat include: (1) the continued 
implementation of conservation plans (`[Amacr]ina Pauahi Natural 
Resources Management Program, the Mauna Kea Watershed Management Plan, 
the Kohala Mountain Watershed Management Plan, the Three Mountain 
Alliance Management Plan, and the Kamehameha Schools Keauhou and 
K[imacr]lauea Forest Lands Safe Harbor Agreement) that include actions 
that benefit Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, and Drosophila digressa; (2) strengthening of 
our effective partnership with Kamehameha Schools and other neighboring 
landowners to promote voluntary, proactive conservation of Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa and their habitats; (3) allowance for continued 
meaningful collaboration and cooperation in working toward species 
recovery, including conservation benefits that might not otherwise 
occur; and (4) encouragement of developing and implementing 
conservation and management plans in the future for these species or 
other federally listed and sensitive species.
    In some cases, the designation of critical habitat on (or adjacent 
to) private lands may reduce the likelihood that landowners will 
support and carry out conservation actions (Main et al. 1999, pp. 
1,263-1,265; Bean 1998, p. 10706). The magnitude of this negative 
outcome is amplified in situations where active management measures

[[Page 17951]]

(such as reintroduction, fire management, and control of invasive 
species) are necessary for species conservation (Bean 1998, pp. 10706-
10708). We find that the exclusion of these specific areas of non-
federally owned lands from this critical habitat designation can 
contribute to the species' recovery and provide a superior level of 
conservation than critical habitat designation can provide alone. We 
have also found that, where consistent with the discretion provided by 
the Act, it is necessary to implement policies that provide positive 
incentives to private landowners to voluntarily conserve natural 
resources and that remove or reduce disincentives to conservation 
(Wilcove et al. 1996, pp. 1-15; Bean 1998, entire). Additionally, 
partnerships with non-Federal landowners are vital to the conservation 
of these species, especially on non-Federal lands; therefore, the 
Service is committed to supporting and encouraging such partnerships 
through the recognition of positive conservation contributions.
    Excluding lands owned and managed by Kamehameha Schools in plant 
Units 52, 53, 54, 44, 51, and Drosophila digressa Units 1 and 2 from 
critical habitat will help foster the partnerships the landowners and 
land managers have developed with Federal and State agencies and local 
conservation organizations, will encourage the continued implementation 
of voluntary conservation actions for the benefit of the species and 
their habitats on these lands, and may also serve as a model and aid in 
fostering future cooperative relationships with other parties here and 
in other locations for the benefit of other endangered or threatened 
species. Therefore, we consider the positive effect of excluding from 
critical habitat areas managed by active conservation partners to be a 
significant benefit of exclusion.
Benefits of Exclusion Outweigh the Benefits of Inclusion--Kamehameha 
Schools
    We evaluated approximately 1,104 ac (447 ha) of lands in Units 52, 
53, 54, 44, 51, and Drosophila digressa Units 1 and 2, owned by 
Kamehameha Schools for exclusion from this designation of critical 
habitat. We determined the benefits of excluding these lands outweigh 
the benefits of including them as critical habitat for the subject 
species on Hawai[revaps]i Island. We conclude that the additional 
regulatory and educational benefits of including these lands as 
critical habitat are relatively small because of the limited 
distinction between actions to avoid jeopardy and adverse modification. 
While Kamehameha Schools may receive Federal grants (actions which 
carry a Federal nexus) from time to time, all areas of Kamehameha 
Schools lands being evaluated are occupied by one or more of the 12 
species addressed in this final rule. Therefore, the few section 7 
consultations that may occur will include a jeopardy analysis, as 
described above, and conservation measures that apply to a jeopardy 
analysis and an adverse modification analysis are expected to be 
similar. These marginal regulatory benefits are further reduced by the 
existence of conservation plans and implemented actions, which include 
habitat conservation that addresses the special management 
considerations. Kamehameha Schools' `[Amacr]ina Pauahi Natural 
Resources Management Program includes the protection and conservation 
of natural resources, water resources, and ancestral places (Kamehameha 
Schools 2022, entire). Furthermore, the potential educational and 
informational benefits of critical habitat designation on areas 
containing the physical and biological features essential to the 
conservation of Bidens hillebrandiana ssp. hillebrandiana (Unit 53), 
Cyanea tritomantha (Units 52, 54, 44, and 51), Cyrtandra wagneri (Unit 
52), Melicope remyi (Units 52 and 54), Phyllostegia floribunda (Units 
52, 54, and 51), Pittosporum hawaiiense (Units 52, 54, 44, and 51), 
Schiedea diffusa ssp. macraei (Units 52, 54, 44, and 51), Stenogyne 
cranwelliae (Units 52, 54, 44, and 51), and Drosophila digressa (Units 
1 and 2) would be minimal because the landowner has demonstrated their 
knowledge of the species and their habitat needs in the process of 
developing conservation partnerships with the Service and others.
    In contrast, the benefits derived from excluding the lands owned by 
Kamehameha Schools and enhancing our partnership with this landowner is 
significant. Because voluntary conservation efforts for the benefit of 
listed species on non-Federal lands are so valuable, the Service 
considers the maintenance and encouragement of conservation 
partnerships to be a significant benefit of exclusion. The development 
and maintenance of effective working partnerships with non-Federal 
landowners for the conservation of listed species is particularly 
important in Hawaii, a State with relatively little Federal land 
ownership but many species of conservation concern. Excluding these 
areas from critical habitat will help foster the partnerships the 
landowners and land managers in question have developed with Federal 
and State agencies and local conservation organizations and will 
encourage the continued implementation of voluntary conservation 
actions for the benefit of Bidens hillebrandiana ssp. hillebrandiana, 
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae and Drosophila digressa and their habitats on 
these lands.
    The current active conservation efforts on Kamehameha Schools lands 
in Units 52, 53, 54, 44, 51 and Drosophila digressa Units 1 and 2 
benefit these species, satisfying factor (vi) of the section 4(b)(2) 
exclusion analysis, as described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' The partnerships and 
management plans are longstanding and have demonstrated implementation 
and success, and we have a reasonable expectation that the conservation 
management strategies or actions in the plans will be implemented, 
satisfying factors (v) and (vii) described above under ``Non-Permitted 
Conservation Plans, Agreements, or Partnerships.'' The Kamehameha 
Schools' `[Amacr]ina Pauahi Natural Resources Management Program, the 
Mauna Kea Watershed Management Plan, the Kohala Mountain Watershed 
Management Plan, the Three Mountain Alliance Management Plan, and the 
Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor 
Agreement include multiple objectives that satisfy factor (viii) 
described above under ``Non-Permitted Conservation Plans, Agreements, 
or Partnerships'' by promoting monitoring and adaptive management to 
ensure conservation measures are effective. Kamehameha Schools 
established a sustainable stewardship policy to guide the use of its 
lands. In addition, these partnerships not only provide a benefit for 
the conservation of these species but may also serve as a model and aid 
in fostering future cooperative relationships with other parties in 
these areas of Hawai`i and in other locations for the benefit of other 
endangered or threatened species.
    Management by Kamehameha Schools through participation in the Mauna 
Kea Watershed Management Plan, the Kohala Mountain Watershed Management 
Plan, the Three Mountain Alliance Management Plan, and implementation 
of the `[Amacr]ina Pauahi Natural Resources Management Program and the 
Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor

[[Page 17952]]

Agreement provides significant habitat protection for Bidens 
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Cyrtandra 
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum 
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and 
Drosophila digressa. We find that excluding areas from critical habitat 
that are under long-term conservation and management plans to protect 
the habitat that supports these species will preserve our partnership 
with the Kamehameha Schools in the State of Hawaii and will encourage 
future collaboration toward conservation and recovery of listed 
species. In summary, these partnership benefits to the subject species 
outweigh the small potential regulatory, educational, and ancillary 
benefits of including the Kamehameha Schools land in this final 
critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--Kamehameha 
Schools
    We determined that the exclusion of approximately 155 ac (63 ha), 
33 ac (13 ha), 176 ac (71 ha), 647 ac (262 ha), and 93 ac (38 ha) in 
Units 52, 53, 54, 44, and 51, respectively, and Drosophila digressa 
Units 1 (155 ac (63 ha)) and 2 (92 ac (37 ha)) owned by Kamehameha 
Schools from this designation of critical habitat will not result in 
the extinction of Bidens hillebrandiana ssp. hillebrandiana, Cyanea 
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia 
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, 
Stenogyne cranwelliae, or Drosophila digressa. Protections afforded to 
these species based on their listed status, and afforded to their 
habitats by the management and conservation plans, provide assurances 
that these species will not go extinct as a result of excluding these 
lands from the critical habitat designation. While some mitigation 
measures in the SHA are still underway, the primary habitat management 
and restoration goals established for these parcels under the SHA and 
other conservation management plans are being implemented, and 
Kamehameha Schools are in compliance with the terms and conditions of 
the SHA. Kamehameha Schools is fully aware of the importance of the 
ecosystems that provide the habitat for these nine species for which 
critical habitat was proposed on their lands and their organization 
routinely provides public education on these topics.
    An important consideration as we evaluate these exclusions and 
their potential effect on the species in question is that a critical 
habitat designation does not necessarily require affirmative actions to 
restore or actively manage critical habitat for the benefit of listed 
species; the regulatory effect of critical habitat is that Federal 
agencies must ensure (through consultation with the Service) that any 
activity they authorize, fund, or carry out is not likely to result in 
the destruction or adverse modification of critical habitat. It is, 
therefore, advantageous for the conservation of these species to 
support the proactive efforts of non-Federal landowners who are 
contributing to the enhancement of essential habitat features for 
listed species through exclusion of their lands from a critical habitat 
designation. The jeopardy standard of section 7 of the Act will 
continue to provide protection to listed species in these areas when 
there is a Federal nexus.

Summary of Exclusions

    As discussed above, based on the information provided by entities 
seeking exclusion, as well as any additional public comments we 
received on our March 29, 2023, proposed rule, we evaluated whether 
certain lands in the proposed critical habitat were appropriate for 
exclusion from this final designation pursuant to section 4(b)(2) of 
the Act. Table 7, below, summarizes the areas we are excluding from 
this critical habitat designation for the 12 Hawai`i Island species; 
the table provides approximate areas (ac, ha) of lands excluded from 
this critical habitat designation. In addition to the acres we 
evaluated for exclusion that are summarized in Table 7, we also 
evaluated 91 ac (37 ha) of Queen Emma Foundation land in Unit 54 (the 
D. ochrobasis parcel) for exclusion but did not ultimately exclude 
them.

               Table 7--Areas Excluded From Critical Habitat Designation by Critical Habitat Unit
----------------------------------------------------------------------------------------------------------------
                                                                                    Area excluded from critical
                                                                                              habitat
      Plant section and unit           Drosophila unit           Landowner       -------------------------------
                                                                                       Acres         Hectares
----------------------------------------------------------------------------------------------------------------
Section 1, Unit 52................  Unit 1...............  Kamehameha Schools...             155              63
Section 1, Unit 52................  Unit 1...............  Parker Ranch                      403             163
                                                            Waipunalei, LLC.
Section 2, Unit 53................  .....................  Kamehameha Schools...              33              13
Section 2, Unit 53................  .....................  Laup[amacr]hoehoe Nui             134              54
Section 3, Unit 54................  .....................  State Department of                36              15
                                                            Hawaiian Home Lands.
Section 3, Unit 54................  .....................  Kahua Ranch..........             605             245
Section 3, Unit 54................  .....................  Kamehameha Schools...             176              71
Section 3, Unit 54................  .....................  Laup[amacr]hoehoe Nui             134              54
Section 3, Unit 54................  .....................  Parker Ranch Waiemi,              372             151
                                                            LLC.
Section 3, Unit 54................  .....................  Queen Emma Foundation             384             155
Section 8, Unit 44................  .....................  Kamehameha Schools...             647             262
Section 11, Unit 51...............  Unit 2...............  Kamehameha Schools...              93              38
                                                                                 -------------------------------
    Totals........................  .....................  .....................           3,172           1,284
----------------------------------------------------------------------------------------------------------------

Required Determinations

Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order (E.O.) 14094 reaffirms the principles of E.O. 12866 
and E.O. 13563 and states that regulatory analysis should facilitate 
agency efforts to develop regulations that serve the public interest, 
advance statutory objectives, and are consistent with E.O. 12866, E.O. 
13563, and the Presidential Memorandum of January 20, 2021 (Modernizing 
Regulatory Review). Regulatory analysis, as practicable and 
appropriate, shall recognize distributive impacts and equity, to the 
extent permitted by law.

[[Page 17953]]

E.O. 13563 emphasizes further that regulations must be based on the 
best available science and that the rulemaking process must allow for 
public participation and an open exchange of ideas. We have developed 
this rule in a manner consistent with these requirements.
    E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides 
that the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB) will review all significant 
rules. OIRA has determined that this rule is not significant.

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

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under this 
designation as well as types of project modifications that may result. 
In general, the term ``significant economic impact'' is meant to apply 
to a typical small business firm's business operations.
    Under the RFA, as amended, and following recent court decisions, 
Federal agencies are required to evaluate the potential incremental 
impacts of rulemaking on those entities directly regulated by the 
rulemaking itself; in other words, the RFA does not require agencies to 
evaluate the potential impacts to indirectly regulated entities. The 
regulatory mechanism through which critical habitat protections are 
realized is section 7 of the Act, which requires Federal agencies, in 
consultation with the Service, to ensure that any action authorized, 
funded, or carried out by the agency is not likely to destroy or 
adversely modify critical habitat. Therefore, under section 7, only 
Federal action agencies are directly subject to the specific regulatory 
requirement (avoiding destruction and adverse modification) imposed by 
critical habitat designation. Consequently, it is our position that 
only Federal action agencies will be directly regulated by this 
designation. The RFA does not require evaluation of the potential 
impacts to entities not directly regulated. Moreover, Federal agencies 
are not small entities. Therefore, because no small entities will be 
directly regulated by this rulemaking, we certify that this critical 
habitat designation will not have a significant economic impact on a 
substantial number of small entities.
    During the development of this final rule, we reviewed and 
evaluated all information submitted during the comment period on the 
March 29, 2023, proposed rule (88 FR 18756) that may pertain to our 
consideration of the probable incremental economic impacts of this 
critical habitat designation. Based on this information, we affirm our 
certification that this critical habitat designation will not have a 
significant economic impact on a substantial number of small entities, 
and a regulatory flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare statements of energy effects ``to the extent 
permitted by law'' when undertaking actions identified as significant 
energy actions (66 FR 28355; May 22, 2001). E.O. 13211 defines a 
``significant energy action'' as an action that (i) is a significant 
regulatory action under E.O. 12866 (or any successor order, including 
most recently E.O. 14094 (88 FR 21879; April 11, 2023)); and (ii) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This rule is not a significant 
regulatory action under E.O. 12866 or 14094. Therefore, this action is 
not a significant energy action, and there is no requirement to prepare 
a statement of energy effects for this action.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following finding:
    (1) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or Tribal 
governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or Tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and Tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or Tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty

[[Page 17954]]

on non-Federal Government entities or private parties. Under the Act, 
the only regulatory effect is that Federal agencies must ensure that 
their actions are not likely to destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply, nor would 
critical habitat shift the costs of the large entitlement programs 
listed above onto State governments.
    (2) We do not believe that this rule will significantly or uniquely 
affect small governments. Small governments will be affected only to 
the extent that any of their programs receive Federal funds, require 
Federal permits, or otherwise are a result of federally authorized 
activities, in which case the Federal agency must ensure that the 
Federal action will not adversely affect the critical habitat. The 
majority of the critical habitat units are already managed for natural 
resource conservation by the Federal Government or the State of Hawaii, 
and most critical habitat units have co-occurring federally listed 
species that are already being considered by the State and 
municipalities as a result of any Federal actions proposed in the area. 
Therefore, a Small Government Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for the 12 Hawai`i Island species in a takings implications 
assessment. The Act does not authorize us to regulate private actions 
on private lands or confiscate private property as a result of critical 
habitat designation. Designation of critical habitat does not affect 
land ownership, or establish any closures, or restrictions on use of or 
access to the designated areas. Furthermore, the designation of 
critical habitat does not affect landowner actions that do not require 
Federal funding or permits, nor does it preclude development of habitat 
conservation programs or issuance of incidental take permits to permit 
actions that do require Federal funding or permits to go forward. 
However, Federal agencies are prohibited from carrying out, funding, or 
authorizing actions that would destroy or adversely modify critical 
habitat. A takings implications assessment has been completed and 
concludes that this designation of critical habitat for the 12 Hawai`i 
Island species does not pose significant takings implications for lands 
within or affected by the designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this rule does not have 
significant Federalism effects. A federalism summary impact statement 
is not required. In keeping with Department of the Interior and 
Department of Commerce policy, we requested information from, and 
coordinated development of this critical habitat designation with, 
appropriate State resource agencies. From a federalism perspective, the 
designation of critical habitat directly affects only the 
responsibilities of Federal agencies. The Act imposes no other duties 
with respect to critical habitat, either for States and local 
governments, or for anyone else. As a result, this final rule does not 
have substantial direct effects either on the States, or on the 
relationship between the national government and the States, or on the 
distribution of powers and responsibilities among the various levels of 
government. The designation may have some benefit to these governments 
because the areas that contain the features essential to the 
conservation of the species are more clearly defined, and the physical 
or biological features of the habitat necessary for the conservation of 
the species are specifically identified. This information does not 
alter where and what federally sponsored activities may occur. However, 
it may assist State and local governments in long-range planning 
because they no longer have to wait for case-by-case section 7 
consultations to occur.
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) of the Act will be required. While 
non-Federal entities that receive Federal funding, assistance, or 
permits, or that otherwise require approval or authorization from a 
Federal agency for an action, may be indirectly impacted by the 
designation of critical habitat, the legally binding duty to avoid 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule will not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We are designating critical 
habitat in accordance with the provisions of the Act. To assist the 
public in understanding the habitat needs of the species, this final 
rule identifies the physical or biological features essential to the 
conservation of the species. The designated areas of critical habitat 
are presented on maps, and the rule provides several options for the 
interested public to obtain more detailed location information, if 
desired.

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

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

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

    Regulations adopted pursuant to section 4(a) of the Act are exempt 
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) and do not require an environmental analysis under NEPA. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This includes 
listing, delisting, and reclassification rules, as well as critical 
habitat designations. In a line of cases starting with Douglas County 
v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), the courts have upheld this 
position.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (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

[[Page 17955]]

federally recognized Tribes on a government-to-government basis. In 
accordance with Secretaries' 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 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. We have 
determined that no Tribal lands fall within the boundaries of the 
critical habitat designation for the 12 Hawai`i Island species, so no 
Tribal lands will be affected by this designation.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov 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 
Fish and Wildlife Service's Species Assessment Team and the Pacific 
Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

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. In Sec.  17.11, in paragraph (h), amend the table ``List of 
Endangered and Threatened Wildlife'' by revising the entry for ``Fly, 
Hawaiian picture-wing (Drosophila digressa)'' under ``Insects'' to read 
as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name             Scientific name      Where listed          Status          applicable rules
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                                     Insects
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fly, Hawaiian picture-wing.....  Drosophila         Wherever found...  E................  78 FR 64638, 10/29/
                                  digressa.                                                2013;
                                                                                          50 CFR 17.95(i).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. In Sec.  17.12, in paragraph (h), amend the table ``List of 
Endangered and Threatened Plants'' by revising the entries for ``Bidens 
hillebrandiana ssp. hillebrandiana'', ``Cyanea marksii'', ``Cyanea 
tritomantha'', ``Cyrtandra nanawaleensis'', ``Cyrtandra wagneri'', 
``Melicope remyi'', ``Phyllostegia floribunda'', ``Pittosporum 
hawaiiense'', ``Schiedea diffusa ssp. macraei'', ``Schiedea 
hawaiiensis'', and ``Stenogyne cranwelliae'' under ``Flowering Plants'' 
to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
        Scientific name             Common name        Where listed          Status          applicable rules
----------------------------------------------------------------------------------------------------------------
                                                Flowering Plants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Bidens hillebrandiana ssp.       Kookoolau........  Wherever found...  E................  78 FR 64638, 10/29/
 hillebrandiana.                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyanea marksii.................  Haha.............  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyanea tritomantha.............  Aku..............  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyrtandra nanawaleensis........  Haiwale..........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Cyrtandra wagneri..............  Haiwale..........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 

[[Page 17956]]

 
                                                  * * * * * * *
Melicope remyi.................  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Phyllostegia floribunda........  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Pittosporum hawaiiense.........  Hoawa, haawa.....  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Schiedea diffusa ssp. macraei..  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Schiedea hawaiiensis...........  Maolioli.........  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
Stenogyne cranwelliae..........  No common name...  Wherever found...  E................  78 FR 64638, 10/29/
                                                                                           2013; 50 CFR
                                                                                           17.99(k).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
4. In Sec.  17.95, amend paragraph (i) by adding an entry for 
``Hawaiian picture-wing fly (Drosophila digressa)'' following the entry 
for ``Hawaiian picture-wing fly (Drosophila differens)'' to read as 
follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) * * *
    Hawaiian picture-wing fly (Drosophila digressa)
    (1) Critical habitat units are depicted for Hawaii County, Hawaii, 
on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of Drosophila digressa consist of the 
following components:
    (i) In units 1, 2, 5, 6, 7, 8, and 9, the physical or biological 
features essential to the conservation of Drosophila digressa are the 
features of the wet forest ecosystem and consist of:
    (A) Elevation of less than 7,218 feet (ft) (2,200 meters (m)).
    (B) Annual precipitation that is greater than 98 inches (in) (250 
centimeters (cm)).
    (C) Substrate of very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, or developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In unit 3, the physical or biological features essential to 
the conservation of Drosophila digressa are the features of both the 
wet forest ecosystem and the mesic forest ecosystem and consist of the 
physical and biological features described in paragraphs (2)(i)(A) 
through (F) and (2)(iii)(A) through (F) of this entry.
    (iii) In unit 4, the physical or biological features essential to 
the conservation of Drosophila digressa are the features of the mesic 
forest ecosystem and consist of:
    (A) Elevation of less than 6,562 ft (2,000 m).
    (B) Annual precipitation of 39 to 150 in (100 to 380 cm).
    (C) Substrate of rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; or gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
    (3) Existing humanmade features and structures, such as buildings, 
aqueducts, runways, roads, and other paved areas, and the land on which 
they are located existing within the legal boundaries on April 11, 
2024, are not included in the critical habitat designation.
    (4) Data layers defining map units were created based on summaries 
of occurrences and landcover layers including habitat characteristics 
that indicate the physical or biological features essential to the 
conservation of Drosophila digressa. Coordinates were created using 
World Geodetic System 1984 (WGS84). The maps in this entry, as modified 
by any accompanying regulatory text, establish the boundaries of the 
critical habitat designation. The coordinates or plot points or both on 
which each map is based are available to the public at https://www.regulations.gov at Docket No. FWS-R1-ES-2023-0017, and at the field 
office responsible for this designation. You may obtain field office 
location information by contacting one of the Service regional offices, 
the addresses of which are listed at 50 CFR 2.2.
    (5) Index map follows:

Figure 1 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(5)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Index Map

BILLING CODE 4333-15-P

[[Page 17957]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.004

    (6) Drosophila digressa--Unit 1; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 1 consists of 15,714 ac (6,359 ha) of 
wet forest ecosystem from Ookala to Maulua Nui on the northeastern 
slope of Maunakea. Lands within this unit include approximately 4,098 
ac (1,658 ha) in Federal ownership, 10,644 ac (4,308 ha) in State 
ownership, and 972 ac (394 ha) in private or other ownership. Federal 
lands within this unit are within the Hakalau Forest National Wildlife 
Refuge Hakalau Forest Unit. State lands within this unit are part of 
the Hilo Forest Reserve Humuula, Laupahoehoe, and Piha Sections; the 
Laupahoehoe Natural Area Reserve; and the Manowaialee Forest Reserve.
    (ii) Map of Drosophila digressa--Unit 1 follows:

Figure 2 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(6)(ii)

[[Page 17958]]

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 1
[GRAPHIC] [TIFF OMITTED] TR12MR24.005

    (7) Drosophila digressa--Unit 2; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 2 consists of 31,998 ac (12,949 ha) 
of wet forest ecosystem from Olaa to Upper Waiakea on the eastern slope 
of Mauna Loa and partially on the northern slope of Kilauea Volcano. 
Lands within this unit include approximately 7,875 ac (3,187 ha) in 
Federal ownership, 23,897 ac (9,671 ha) in State ownership, and 226 ac 
(91 ha) in private or other ownership. Federal lands in this unit are 
within Hawaii Volcanoes National Park. State lands in this unit are 
part of the Hilo Forest Reserve Kukuau Section, Olaa Forest Reserve 
Mountain View Section, Upper Wai[amacr]kea Forest Reserve, 
Wai[amacr]kea Forest Reserve, Puu Makaala Natural Area Reserve, and 
Waiakea 1942 Lava Flow Natural Area Reserve.
    (ii) Map of Drosophila digressa--Unit 2 follows:

Figure 3 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(7)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 2
[GRAPHIC] [TIFF OMITTED] TR12MR24.006

    (8) Drosophila digressa--Unit 3; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 3 consists of 8,781 ac (3,554 ha) of 
wet and mesic forest ecosystems at Kahuku on the southern slopes of 
Mauna Loa. Lands within this unit include approximately 8,773 ac (3,550 
ha) in Federal ownership and 8 ac (3 ha) in State ownership. Federal 
lands within this unit are within Hawaii Volcanoes National Park. 
State-owned lands in this unit are part of the Ka'[umacr] Forest 
Reserve.
    (ii) Map of Drosophila digressa--Unit 3 follows:
Figure 4 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(8)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 3
[GRAPHIC] [TIFF OMITTED] TR12MR24.007

    (9) Drosophila digressa--Unit 4; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 4 consists of 167 ac (67 ha) of mesic 
forest ecosystem at Manuka on the southern slopes of Mauna Loa. Lands 
within this unit are entirely in State ownership and are part of the 
Manuka Natural Area Reserve.
    (ii) Map of Drosophila digressa--Unit 4 follows:
Figure 5 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(9)(ii)

[[Page 17959]]

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 4
[GRAPHIC] [TIFF OMITTED] TR12MR24.008

    (10) Drosophila digressa--Unit 5; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 5 consists of 3,412 ac (1,381 ha) of 
wet forest ecosystem from Kipahoehoe to Honomalino on the southwestern 
slopes of Mauna Loa. Lands within this unit include approximately 411 
ac (166 ha) in State ownership and 3,001 ac (1,214 ha) in private or 
other ownership. State-owned lands in this unit are part of the 
Kipahoehoe Natural Area Reserve and South Kona Forest Reserve Kapua-
Manuk[amacr] Section. Some private lands are owned by The Nature 
Conservancy, within the Kona Hema Preserve.
    (ii) Map of Drosophila digressa--Unit 5, Drosophila digressa--Unit 
6, Drosophila digressa--Unit 7, Drosophila digressa--Unit 8, and 
Drosophila digressa--Unit 9 follows:

Figure 6 to Hawaiian picture-wing fly (Drosophila digressa) paragraph 
(10)(ii)

Critical Habitat for Drosophila digressa

Hawaii Island, HI

Unit 5, Unit 6, Unit 7, Unit 8, and Unit 9
[GRAPHIC] [TIFF OMITTED] TR12MR24.009

    (11) Drosophila digressa--Unit 6; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 6 consists of 224 ac (91 ha) of wet 
forest ecosystem from Milolii to Honomalino on the southwestern slopes 
of Mauna Loa. Lands within this unit are entirely in State ownership 
and are part of the South Kona Forest Reserve Kapua-Manuka Section.
    (ii) Map of Drosophila digressa--Unit 6 is provided at paragraph 
(10)(ii) of this entry.
    (12) Drosophila digressa--Unit 7; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 7 consists of 1,346 ac (545 ha) of 
wet forest ecosystem from Kukuiopae to Olelomoana on the southwestern 
slopes of Mauna Loa. Lands within this unit include approximately 1,179 
ac (477 ha) in State ownership and 167 ac (68 ha) in private or other 
ownership. State-owned lands in this unit are part of the South Kona 
Forest Reserve Kukuiopae Section.
    (ii) Map of Drosophila digressa--Unit 7 is provided at paragraph 
(10)(ii) of this entry.
    (13) Drosophila digressa--Unit 8; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 8 consists of 661 ac (267 ha) of wet 
forest ecosystem in Kaohe on the southwestern slopes of Mauna Loa. 
Lands within this unit include approximately 352 ac (142 ha) in State 
ownership and 309 ac (125 ha) in private or other ownership. State-
owned lands in this unit are part of the South Kona Forest Reserve, 
Kaohe Section and Kukuiopae Section.
    (ii) Map of Drosophila digressa--Unit 8 is provided at paragraph 
(10)(ii) of this entry.
    (14) Drosophila digressa--Unit 9; Hawaii County, Hawaii.
    (i) Drosophila digressa--Unit 9 consists of 1,906 ac (771 ha) of 
wet forest ecosystem in Hookena on the southwestern slopes of Mauna 
Loa. Lands within this unit include 1,906 ac (771 ha) of Federal land 
within Hakalau Forest National Wildlife Refuge Kona Forest Unit and 
less than 1 ac (less than 1 ha) of land that is privately owned or has 
other ownership.
    (ii) Map of Drosophila digressa--Unit 9 is provided at paragraph 
(10)(ii) of this entry.
* * * * *

0
5. Amend Sec.  17.99 by:
0
a. Revising paragraphs (k) introductory text and (k)(1);
0
b. Redesignating paragraphs (k)(115) and (116) as paragraphs (k)(238) 
and (239), respectively;
0
c. Redesignating paragraphs (k)(12) through (114) as paragraphs (k)(13) 
through (115), respectively;
0
d. Adding a new paragraph (k)(12);
0
e. Redesignating newly redesignated paragraphs (k)(15) through (115) as 
paragraphs (k)(18) through (118), respectively;
0
f. Adding new paragraphs (k)(15) through (17);
0
g. Redesignating newly redesignated paragraphs (k)(19) through (118) as 
paragraphs (k)(22) through (121), respectively;
0
h. Adding new paragraphs (k)(19) through (21);
0
i. Redesignating newly redesignated paragraphs (k)(32) through (121) as 
paragraphs (k)(33) through (122), respectively;
0
j. Adding a new paragraph (k)(32);
0
k. Redesignating newly redesignated paragraphs (k)(36) through (122) as 
paragraphs (k)(39) through (125), respectively;
0
l. Adding new paragraphs (k)(36) through (38);

[[Page 17960]]

0
m. Redesignating newly redesignated paragraphs (k)(40) through (125) as 
paragraphs (k)(43) through (128), respectively;
0
n. Adding new paragraphs (k)(40) through (42);
0
o. Redesignating newly redesignated paragraphs (k)(53) through (128) as 
paragraphs (k)(59) through (134), respectively;
0
p. Adding new paragraphs (k)(53) through (58);
0
q. Redesignating newly redesignated paragraphs (k)(79) through (134) as 
paragraphs (k)(81) through (136), respectively;
0
r. Adding new paragraphs (k)(79) and (80);
0
s. Redesignating newly redesignated paragraphs (k)(82) through (136) as 
paragraphs (k)(90) through (144), respectively;
0
t. Adding new paragraphs (k)(82) through (89);
0
u. Redesignating newly redesignated paragraphs (k)(91) through (144) as 
paragraphs (k)(92) through (145), respectively;
0
v. Adding a new paragraph (k)(91);
0
w. Redesignating newly redesignated paragraphs (k)(93) through (145) as 
paragraphs (k)(97) through (149), respectively;
0
x. Adding new paragraphs (k)(93) through (96);
0
y. Redesignating newly redesignated paragraphs (k)(110) through (149) 
as paragraphs (k)(112) through (151), respectively;
0
z. Adding new paragraphs (k)(110) and (111);
0
aa. Redesignating newly redesignated paragraphs (k)(116) through (151) 
as paragraphs (k)(117) through (152), respectively;
0
bb. Adding new paragraph (k)(116);
0
cc. Redesignating newly redesignated paragraphs (k)(119) through (152) 
as paragraphs (k)(121) through (154), respectively;
0
dd. Adding new paragraphs (k)(119) and (120);
0
ee. Redesignating newly redesignated paragraphs (k)(122) through (154) 
as paragraphs (k)(126) through (158), respectively;
0
ff. Adding new paragraphs (k)(122) through (125);
0
gg. Redesignating newly redesignated paragraphs (k)(134) through (158) 
as paragraphs (k)(136) through (160), respectively;
0
hh. Adding new paragraphs (k)(134) through (135);
0
ii. Redesignating newly redesignated paragraphs (k)(138) through (160) 
as paragraphs (k)(139) through (161), respectively;
0
jj. Adding a new paragraph (k)(138);
0
kk. Redesignating newly redesignated paragraphs (k)(141) through (161) 
as paragraphs (k)(145) through (165), respectively;
0
ll. Adding new paragraphs (k)(141) through (144);
0
mm. Redesignating newly redesignated paragraphs (k)(150) through (165) 
as paragraphs (k)(151) through (166), respectively;
0
nn. Adding a new paragraph (k)(150);
0
oo. Redesignating newly redesignated paragraphs (k)(152) through (166) 
as paragraphs (k)(153) through (167), respectively;
0
pp. Adding new paragraph (k)(152);
0
qq. Redesignating newly redesignated paragraphs (k)(155) through (167) 
as paragraphs (k)(156) through (168), respectively;
0
rr. Adding a new paragraph (k)(155);
0
ss. Redesignating newly redesignated paragraphs (k)(157) through (168) 
as paragraphs (k)(158) through (169), respectively;
0
tt. Adding a new paragraph (k)(157);
0
uu. Redesignating newly redesignated paragraphs (k)(159) through (169) 
as paragraphs (k)(160) through (170), respectively;
0
vv. Adding a new paragraph (k)(159);
0
ww. Adding new paragraphs (k)(171) through (237);
0
xx. Revising newly redesignated paragraph (k)(238); and
0
yy. In paragraph (l)(1), adding in alphabetical order entries for 
``Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana 
(KOOKOOLAU)'', ``Family Campanulaceae: Cyanea marksii (HAHA)'', 
``Family Campanulaceae: Cyanea tritomantha (AKU)'', ``Family 
Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)'', 
``Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)'', ``Family 
Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)'', Family Gesneriaceae: 
Cyrtandra wagneri (HAIWALE)'', ``Family Lamiaceae: Phyllostegia 
floribunda (no common name)'', ``Family Lamiaceae: Stenogyne 
cranwelliae (no common name)'', ``Family Pittosporaceae: Pittosporum 
hawaiiense (HOAWA, HAAWA)'', and ``Family Rutaceae: Melicope remyi (no 
common name)''.
    The revisions and additions read as follows:


Sec.  17.99  Critical habitat; plants on the Hawaiian Islands, HI.

* * * * *
    (k) Maps and critical habitat unit descriptions for the island of 
Hawaii, HI. Critical habitat units are described in this paragraph (k). 
Map coordinates were created using World Geodetic System 1984 (WGS84). 
The map in paragraph (k)(1) shows the general locations of the critical 
habitat units designated on the island of Hawaii. Existing humanmade 
features and structures, such as buildings, aqueducts, runways, roads, 
and other paved areas, and the land on which they are located existing 
within the legal boundaries on April 11, 2024 are not included in the 
critical habitat designation. Federal actions limited to those areas, 
therefore, would not trigger a consultation under section 7 of the Act 
unless they may affect the species or physical or biological features 
in adjacent critical habitat.
    (1) Index map follows:

Figure 1 to paragraph (k)

Map 1

Hawaii Critical Habitat--Island Index Map

[[Page 17961]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.010

* * * * *
    (12) Hawaii 3--Cyanea tritomantha-a (12,059 ac; 4,880 ha).
    (i) This unit is also critical habitat for Hawaii 3--Cyrtandra 
wagneri-a, Hawaii 3--Melicope remyi-a, Hawaii 3--Phyllostegia 
floribunda-a, Hawaii 3--Pittosporum hawaiiense-a, Hawaii 3--Schiedea 
diffusa ssp. macraei-a, and Hawaii 3--Stenogyne cranwelliae-a (see 
paragraphs (k)(15), (k)(16), (k)(17), (k)(19), (k)(20), (k)(21), 
respectively, of this section).
    (ii) Map 11a follows:

Figure 12 to paragraph (k)

Map 11a

Hawaii 3--Cyanea tritomantha-a, Hawaii 3--Cyrtandra wagneri-a, Hawaii 
3--Melicope remyi-a, Hawaii 3--Phyllostegia floribunda-a, Hawaii 3--
Pittosporum hawaiiense-a, Hawaii 3--Schiedea diffusa ssp. macraei-a, 
Hawaii 3--Stenogyne cranwelliae-a

[[Page 17962]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.011

* * * * *
    (15) Hawaii 3--Cyrtandra wagneri-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
    (16) Hawaii 3--Melicope remyi-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
    (17) Hawaii 3--Phyllostegia floribunda-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
    (19) Hawaii 3--Pittosporum hawaiiense-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
    (20) Hawaii 3--Schiedea diffusa ssp. macraei-a (12,059 ac; 4,880 
ha). See paragraph (k)(12)(ii) of this section for the map of this 
unit.
    (21) Hawaii 3--Stenogyne cranwelliae-a (12,059 ac; 4,880 ha). See 
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
    (32) Hawaii 6--Bidens hillebrandiana ssp. hillebrandiana-a (2 ac; 1 
ha).
    (i) [Reserved].
    (ii) Map 24a follows:
Figure 26 to paragraph (k)

Map 24a

Hawaii 6--Bidens hillebrandiana ssp. hillebrandiana-a
[GRAPHIC] [TIFF OMITTED] TR12MR24.012

* * * * *
    (36) Hawaii 8--Cyanea tritomantha-b (6,805 ac; 2,754 ha).
    (i) This unit is also critical habitat for Hawaii 8--Melicope 
remyi-b, Hawaii 8--Phyllostegia floribunda-b, Hawaii 8--Pittosporum 
hawaiiense-b, Hawaii 8--Schiedea diffusa ssp. macraei-b, and Hawaii 8--
Stenogyne cranwelliae-b (see paragraphs (k)(37), (k)(38), (k)(40), 
(k)(41), and (k)(42), respectively, of this section).
    (ii) Map 27a follows:
Figure 30 to paragraph (k)

Map 27a

Hawaii 8--Cyanea tritomantha-b, Hawaii 8--Melicope remyi-b, Hawaii 8--
Phyllostegia floribunda-b, Hawaii 8--Pittosporum hawaiiense-b, Hawaii 
8--Schiedea diffusa ssp. macraei-b, Hawaii 8--Stenogyne cranwelliae-b
[GRAPHIC] [TIFF OMITTED] TR12MR24.013

    (37) Hawaii 8--Melicope remyi-b (6,805 ac; 2,754 ha). See paragraph 
(k)(36)(ii) of this section for the map of this unit.
    (38) Hawaii 8--Phyllostegia floribunda-b (6,805 ac; 2,754 ha). See 
paragraph (k)(36)(ii) of this section for the map of this unit.
* * * * *
    (40) Hawaii 8--Pittosporum hawaiiense-b (6,805 ac; 2,754 ha). See 
paragraph (k)(36)(ii) of this section for the map of this unit.
    (41) Hawaii 8--Schiedea diffusa ssp. macraei-b (6,805 ac; 2,754 
ha). See paragraph (k)(36)(ii) of this section for the map of this 
unit.
    (42) Hawaii 8--Stenogyne cranwelliae-b (6,805 ac; 2,754 ha). See 
paragraph (k)(36)(ii) of this section for the map of this unit.
* * * * *
    (53) Hawaii 9--Cyanea tritomantha-c (1 ac; <1 ha).
    (i) This unit is also critical habitat for Hawaii 9--Melicope 
remyi-c, Hawaii 9--Phyllostegia floribunda-c, Hawaii 9--Pittosporum 
hawaiiense-c, Hawaii 9--Schiedea diffusa ssp. macraei-c, and

[[Page 17963]]

Hawaii 9--Stenogyne cranwelliae-c (see paragraphs (k)(54), (k)(55), 
(k)(56), (k)(57), and (k)(58) respectively, of this section).
    (ii) Map 38a follows:
Figure 42 to paragraph (k)

Map 38a

Hawaii 9--Cyanea tritomantha-c, Hawaii 9--Melicope remyi-c, Hawaii 9--
Phyllostegia floribunda-c, Hawaii 9--Pittosporum hawaiiense-c, Hawaii 
9--Schiedea diffusa ssp. macraei-c, Hawaii 9--Stenogyne cranwelliae-c
[GRAPHIC] [TIFF OMITTED] TR12MR24.014

    (54) Hawaii 9--Melicope remyi-c (1 ac; <1 ha). See paragraph 
(k)(53)(ii) of this section for the map of this unit.
    (55) Hawaii 9--Phyllostegia floribunda-c (1 ac; <1 ha). See 
paragraph (k)(53)(ii) of this section for the map of this unit.
    (56) Hawaii 9-Pittosporum hawaiiense-c (1 ac; < 1 ha). See 
paragraph (k)(53)(ii) of this section for the map of this unit.
    (57) Hawaii 9-Schiedea diffusa ssp. macraei-c (1 ac; < 1 ha). See 
paragraph (k)(53)(ii) of this section for the map of this unit.
    (58) Hawaii 9-Stenogyne cranwelliae-c (1 ac; < 1 ha). See paragraph 
(k)(53)(ii) of this section for the map of this unit.
* * * * *
    (79) Hawaii 15-Cyanea marksii-a-Section 4 (182 ac; 73 ha).
    (i) This unit is also critical habitat for Hawaii 15-Phyllostegia 
floribunda-d-Section 4, Hawaii 15-Pittosporum hawaiiense-d-Section 4, 
Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4, and Hawaii 15-
Stenogyne cranwelliae-d-Section 4 (see paragraphs (k)(82), (k)(84), 
(k)(86), and (k)(88), respectively, of this section).
    (ii) Map 58a follows:
Figure 60 to paragraph (k)

Map 58a

Hawaii 15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-
Section 5, Hawaii 15-Phyllostegia floribunda-d-Section 4, Hawaii 15-
Phyllostegia floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-
d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-Section 5, Hawaii 15-
Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15-Schiedea diffusa 
ssp. macraei-e-Section 5, Hawaii 15-Stenogyne cranwelliae-d-Section 4, 
Hawaii 15-Stenogyne cranwelliae-e-Section 5

[[Page 17964]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.015

    (80) Hawaii 15-Cyanea marksii-b-Section 5 (127 ac; 51 ha).
    (i) This unit is also critical habitat for Hawaii 15-Phyllostegia 
floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-e-Section 5, 
Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5, and Hawaii 15-
Stenogyne cranwelliae-e-Section 5 (see paragraphs (k)(83), (k)(85), 
(k)(87), and (k)(89), respectively, of this section).
    (ii) See paragraph (k)(79)(ii) of this section for the map of this 
unit.
* * * * *
    (82) Hawaii 15-Phyllostegia floribunda-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (83) Hawaii 15-Phyllostegia floribunda-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (84) Hawaii 15-Pittosporum hawaiiense-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (85) Hawaii 15-Pittosporum hawaiiense-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (86) Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4 (182 ac; 
73 ha). See paragraph (k)(79)(ii) of this section for the map of this 
unit.
    (87) Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5 (127 ac; 
51 ha). See paragraph (k)(79)(ii) of this section for the map of this 
unit.
    (88) Hawaii 15-Stenogyne cranwelliae-d-Section 4 (182 ac; 73 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
    (89) Hawaii 15-Stenogyne cranwelliae-e-Section 5 (127 ac; 51 ha). 
See paragraph (k)(79)(ii) of this section for the map of this unit.
* * * * *
    (91) Hawaii 16-Cyanea marksii-c (156 ac; 63 ha).
    (i) This unit is also critical habitat for Hawaii 16-Phyllostegia 
floribunda-f, Hawaii 16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea 
diffusa ssp. macraei-f, and Hawaii 16-Stenogyne cranwelliae-f (see 
paragraphs (k)(93), (k)(94), (k)(95), and (k)(96), respectively, of 
this section).
    (ii) Map 60a follows:
Figure 63 to paragraph (k)

Map 60a

Hawaii 16-Cyanea marksii-c, Hawaii 16-Phyllostegia floribunda-f, Hawaii 
16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea diffusa ssp. macraei-f, 
Hawaii 16-Stenogyne cranwelliae-f
[GRAPHIC] [TIFF OMITTED] TR12MR24.016

* * * * *
    (93) Hawaii 16-Phyllostegia floribunda-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (94) Hawaii 16-Pittosporum hawaiiense-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (95) Hawaii 16-Schiedea diffusa ssp. macraei-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
    (96) Hawaii 16-Stenogyne cranwelliae-f (156 ac; 63 ha). See 
paragraph (k)(91)(ii) of this section for the map of this unit.
* * * * *
    (110) Hawaii 23-Phyllostegia floribunda-g (9 ac; 4 ha).
    (i) This unit is also critical habitat for Hawaii 23-Pittosporum 
hawaiiense-g (see paragraph (k)(111) of this section).
    (ii) Map 74a follows:
Figure 78 to paragraph (k)

Map 74a

Hawaii 23-Phyllostegia floribunda-g, Hawaii 23-Pittosporum hawaiiense-g

[[Page 17965]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.017

    (111) Hawaii 23-Pittosporum hawaiiense-g (9 ac; 4 ha). See 
paragraph (k)(110)(ii) of this section for the map of this unit.
* * * * *
    (116) Hawaii 24-Cyanea tritomantha-d-Section 8 (1,956 ac; 792 ha).
    (i) This unit is also critical habitat for Hawaii 24-Pittosporum 
hawaiiense-h-Section 8, Hawaii 24-Schiedea diffusa ssp. macraei-g-
Section 8, and Hawaii 24-Stenogyne cranwelliae-g-Section 8 (see 
paragraphs (k)(119), (k)(122), and (k)(124), respectively, of this 
section).
    (ii) Map 78a follows:
Figure 83 to paragraph (k)

Map 78a

Hawaii 24-Cyanea tritomantha-d-Section 8, Hawaii 24-Pittosporum 
hawaiiense-h-Section 8, Hawaii 24-Pittosporum hawaiiense-i-Section 9, 
Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, Hawaii 24-Schiedea 
diffusa ssp. macraei-h-Section 9, Hawaii 24-Stenogyne cranwelliae-g-
Section 8, Hawaii 24-Stenogyne cranwelliae-h-Section 9
[GRAPHIC] [TIFF OMITTED] TR12MR24.018

* * * * *
    (119) Hawaii 24-Pittosporum hawaiiense-h-Section 8 (1,956 ac; 792 
ha). See paragraph (k)(116)(ii) of this section for the map of this 
unit.
    (120) Hawaii 24-Pittosporum hawaiiense-i-Section 9 (101 ac; 41 ha).
    (i) This unit is also critical habitat for Hawaii 24-Schiedea 
diffusa ssp. macraei-h-Section 9 and Hawaii 24-Stenogyne cranwelliae-h-
Section 9 (see paragraphs (k)(123) and (k)(125), respectively, of this 
section).
    (ii) See paragraph (k)(116)(ii) of this section for the map of this 
unit.
* * * * *
    (122) Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8 (1,956 
ac; 792 ha). See paragraph (k)(116)(ii) of this section for the map of 
this unit.
    (123) Hawaii 24-Schiedea diffusa ssp. macraei-h-Section 9 (101 ac; 
41 ha). See paragraph (k)(116)(ii) of this section for the map of this 
unit.
    (124) Hawaii 24-Stenogyne cranwelliae-g-Section 8 (1,956 ac; 792 
ha). See paragraph (k)(116)(ii) of this section for the map of this 
unit.
    (125) Hawaii 24-Stenogyne cranwelliae-h-Section 9 (101 ac; 41 ha). 
See paragraph (k)(116)(ii) of this section for the map of this unit.
* * * * *
    (134) Hawaii 28-Cyrtandra nanawaleensis-a (155 ac; 63 ha).
    (i) This unit is also critical habitat for Hawaii 28-Phyllostegia 
floribunda-h (see paragraph (k)(135) of this section).
    (ii) Map 89a follows:
Figure 95 to paragraph (k)

Map 89a

Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 28-Phyllostegia floribunda-
h
[GRAPHIC] [TIFF OMITTED] TR12MR24.019

    (135) Hawaii 28-Phyllostegia floribunda-h (155 ac; 63 ha). See 
paragraph (k)(134)(ii) of this section for the map of this unit.
* * * * *
    (138) Hawaii 29-Cyanea tritomantha-e (494 ac; 200 ha).
    (i) This unit is also critical habitat for Hawaii 29-Phyllostegia 
floribunda-i, Hawaii 29-Pittosporum hawaiiense-j, Hawaii 29-Schiedea 
diffusa ssp. macraei-i, and Hawaii 29-Stenogyne cranwelliae-i (see 
paragraphs (k)(141), (k)(142), (k)(143), and (k)(144), respectively, of 
this section).
    (ii) Map 91a follows:
Figure 98 to paragraph (k)

[[Page 17966]]

Map 91a

Hawaii 29-Cyanea tritomantha-e, Hawaii 29-Phyllostegia floribunda-i, 
Hawaii 29-Pittosporum hawaiiense-j, Hawaii 29-Schiedea diffusa ssp. 
macraei-i, Hawaii 29-Stenogyne cranwelliae-I
[GRAPHIC] [TIFF OMITTED] TR12MR24.020

* * * * *
    (141) Hawaii 29-Phyllostegia floribunda-i (494 ac; 200 ha). See 
paragraph (k)(138)(ii) of this section for the map of this unit.
    (142) Hawaii 29-Pittosporum hawaiiense-j (494 ac; 200 ha). See 
paragraph (k)(138)(ii) of this section for the map of this unit.
    (143) Hawaii 29-Schiedea diffusa ssp. macraei-i (494 ac; 200 ha). 
See paragraph (k)(138)(ii) of this section for the map of this unit.
    (144) Hawaii 29-Stenogyne cranwelliae-i (494 ac; 200 ha). See 
paragraph (k)(138)(ii) of this section for the map of this unit.
* * * * *
    (150) Hawaii 30-Cyanea tritomantha-f (13,730 ac; 5,556 ha).
    (i) This unit is also critical habitat for Hawaii 30-Phyllostegia 
floribunda-j, Hawaii 30-Pittosporum hawaiiense-k, Hawaii 30-Schiedea 
diffusa ssp. macraei-j, and Hawaii 30-Stenogyne cranwelliae-j (see 
paragraphs (k)(152), (k)(155), (k)(157), and (k)(159), respectively, of 
this section).
    (ii) Map 98a follows:
Figure 106 to paragraph (k)

Map 98a

Hawaii 30-Cyanea tritomantha-f, Hawaii 30-Phyllostegia floribunda-j, 
Hawaii 30-Pittosporum hawaiiense-k, Hawaii 30-Schiedea diffusa ssp. 
macraei-j, Hawaii 30-Stenogyne cranwelliae-j
[GRAPHIC] [TIFF OMITTED] TR12MR24.021

* * * * *
    (152) Hawaii 30-Phyllostegia floribunda-j (13,730 ac; 5,556 ha). 
See paragraph (k)(150)(ii) of this section for the map of this unit.
* * * * *
    (155) Hawaii 30-Pittosporum hawaiiense-k (13,730 ac; 5,556 ha). See 
paragraph (k)(150)(ii) of this section for the map of this unit.
* * * * *
    (157) Hawaii 30-Schiedea diffusa ssp. macraei-j (13,730 ac; 5,556 
ha). See paragraph (k)(150)(ii) of this section for the map of this 
unit.
* * * * *
    (159) Hawaii 30-Stenogyne cranwelliae-j (13,730 ac; 5,556 ha). See 
paragraph (k)(150)(ii) of this section for the map of this unit.
* * * * *
    (171) Hawaii 37-Cyanea marksii-d (1,906 ac; 771 ha)
    (i) This unit is also critical habitat for Hawaii 37-Phyllostegia 
floribunda-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea 
diffusa ssp. macraei-k, and Hawaii 37-Stenogyne cranwelliae-k (see 
paragraphs (k)(172), (k)(173), (k)(174), and (k)(175), respectively, of 
this section).
    (ii) Map 106 follows:
Figure 114 to paragraph (k)

Map 106

Hawaii 37-Cyanea marksii-d, Hawaii 37-Phyllostegia floribunda-k, Hawaii 
37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea diffusa ssp. macraei-k, 
Hawaii 37-Stenogyne cranwelliae-k
[GRAPHIC] [TIFF OMITTED] TR12MR24.022

    (172) Hawaii 37-Phyllostegia floribunda-k (1,906 ac; 771 ha). See 
paragraph (k)(171)(ii) of this section for the map of this unit.

[[Page 17967]]

    (173) Hawaii 37-Pittosporum hawaiiense-l (1,906 ac; 771 ha). See 
paragraph (k)(171)(ii) of this section for the map of this unit.
    (174) Hawaii 37-Schiedea diffusa ssp. macraei-k (1,906 ac; 771 ha). 
See paragraph (k)(171)(ii) of this section for the map of this unit.
    (175) Hawaii 37-Stenogyne cranwelliae-k (1,906 ac; 771 ha). See 
paragraph (k)(171)(ii) of this section for the map of this unit.
    (176) Hawaii 38-Cyanea marksii-e (534 ac; 216 ha).
    (i) This unit is also critical habitat for Hawaii 38-Phyllostegia 
floribunda-l, Hawaii 38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea 
diffusa ssp. macraei-l, and Hawaii 38-Stenogyne cranwelliae-l (see 
paragraphs (k)(177), (k)(178), (k)(179), and (k)(180), respectively, of 
this section).
    (ii) Map 107 follows:
Figure 115 to paragraph (k)

Map 107

Hawaii 38-Cyanea marksii-e, Hawaii 38-Phyllostegia floribunda-l, Hawaii 
38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea diffusa ssp. macraei-l, 
Hawaii 38-Stenogyne cranwelliae-l
[GRAPHIC] [TIFF OMITTED] TR12MR24.023

    (177) Hawaii 38-Phyllostegia floribunda-l (534 ac; 216 ha). See 
paragraph (k)(176)(ii) of this section for the map of this unit.
    (178) Hawaii 38-Pittosporum hawaiiense-m (534 ac; 216 ha). See 
paragraph (k)(176)(ii) of this section for the map of this unit.
    (179) Hawaii 38-Schiedea diffusa ssp. macraei-l (534 ac; 216 ha). 
See paragraph (k)(176)(ii) of this section for the map of this unit.
    (180) Hawaii 38-Stenogyne cranwelliae-l (534 ac; 216 ha). See 
paragraph (k)(176)(ii) of this section for the map of this unit.
    (181) Hawaii 39-Cyanea marksii-f (1,164 ac; 471 ha)
    (i) This unit is also critical habitat for Hawaii 39-Phyllostegia 
floribunda-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea 
diffusa ssp. macraei-m, and Hawaii 39-Stenogyne cranwelliae-m (see 
paragraphs (k)(182), (k)(183), (k)(184), and (k)(185), respectively, of 
this section).
    (ii) Map 108 follows:
Figure 116 to paragraph (k)

Map 108

Hawaii 39-Cyanea marksii-f, Hawaii 39-Phyllostegia floribunda-m, Hawaii 
39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea diffusa ssp. macraei-m, 
Hawaii 39-Stenogyne cranwelliae-m
[GRAPHIC] [TIFF OMITTED] TR12MR24.024

    (182) Hawaii 39-Phyllostegia floribunda-m (1,164 ac; 471 ha). See 
paragraph (k)(181)(ii) of this section for the map of this unit.
    (183) Hawaii 39-Pittosporum hawaiiense-n (1,164 ac; 471 ha). See 
paragraph (k)(181)(ii) of this section for the map of this unit.
    (184) Hawaii 39-Schiedea diffusa ssp. macraei-m (1,164 ac; 471 ha). 
See paragraph (k)(181)(ii) of this section for the map of this unit.
    (185) Hawaii 39-Stenogyne cranwelliae-m (1,164 ac; 471 ha). See 
paragraph (k)(181)(ii) of this section for the map of this unit.
    (186) Hawaii 40-Cyanea marksii-g (1,243 ac; 503 ha)
    (i) This unit is also critical habitat for Hawaii 40-Phyllostegia 
floribunda-n, Hawaii 40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea 
diffusa ssp. macraei-n, and Hawaii 40-Stenogyne cranwelliae-n (see 
paragraphs (k)(187), (k)(188), (k)(189), and (k)(190), respectively, of 
this section).
    (ii) Map 109 follows:
Figure 117 to paragraph (k)

[[Page 17968]]

Map 109

Hawaii 40-Cyanea marksii-g, Hawaii 40-Phyllostegia floribunda-n, Hawaii 
40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea diffusa ssp. macraei-n, 
Hawaii 40-Stenogyne cranwelliae-n
[GRAPHIC] [TIFF OMITTED] TR12MR24.025

    (187) Hawaii 40-Phyllostegia floribunda-n (1,243 ac; 503 ha). See 
paragraph (k)(186)(ii) of this section for the map of this unit.
    (188) Hawaii 40-Pittosporum hawaiiense-o (1,243 ac; 503 ha). See 
paragraph (k)(186)(ii) of this section for the map of this unit.
    (189) Hawaii 40-Schiedea diffusa ssp. macraei-n (1,243 ac; 503 ha). 
See paragraph (k)(186)(ii) of this section for the map of this unit.
    (190) Hawaii 40-Stenogyne cranwelliae-n (1,243 ac; 503 ha). See 
paragraph (k)(186)(ii) of this section for the map of this unit.
    (191) Hawaii 41-Cyanea marksii-h (3,412 ac; 1,381 ha)
    (i) This unit is also critical habitat for Hawaii 41-Phyllostegia 
floribunda-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea 
diffusa ssp. macraei-o, and Hawaii 41-Stenogyne cranwelliae-o (see 
paragraphs (k)(192), (k)(193), (k)(194), and (k)(195), respectively, of 
this section).
    (ii) Map 110 follows:
Figure 118 to paragraph (k)

Map 110

Hawaii 41-Cyanea marksii-h, Hawaii 41-Phyllostegia floribunda-o, Hawaii 
41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea diffusa ssp. macraei-o, 
Hawaii 41-Stenogyne cranwelliae-o
[GRAPHIC] [TIFF OMITTED] TR12MR24.026

    (192) Hawaii 41-Phyllostegia floribunda-o (3,412 ac; 1,381 ha). See 
paragraph (k)(191)(ii) of this section for the map of this unit.
    (193) Hawaii 41-Pittosporum hawaiiense-p (3,412 ac; 1,381 ha). See 
paragraph (k)(191)(ii) of this section for the map of this unit.
    (194) Hawaii 41-Schiedea diffusa ssp. macraei-o (3,412 ac; 1,381 
ha). See paragraph (k)(191)(ii) of this section for the map of this 
unit.
    (195) Hawaii 41-Stenogyne cranwelliae-o (3,412 ac; 1,381 ha). See 
paragraph (k)(191)(ii) of this section for the map of this unit.
    (196) Hawaii 42-Cyanea tritomantha-g (8,781 ac; 3,554 ha).
    (i) This unit is also critical habitat for Hawaii 42-Phyllostegia 
floribunda-p, Hawaii 42-Pittosporum hawaiiense-q, Hawaii 42-Schiedea 
diffusa ssp. macraei-p, and Hawaii 42-Stenogyne cranwelliae-p (see 
paragraphs (k)(197), (k)(198), (k)(199), and (k)(200), respectively, of 
this section).
    (ii) Map 111 follows:

Figure 119 to paragraph (k)

Map 111 Hawaii 42-Cyanea tritomantha-g, Hawaii 42-Phyllostegia 
floribunda-p, Hawaii 42-Pittosporum hawaiiense-q, Hawaii 42-Schiedea 
diffusa ssp. macraei-p, Hawaii 42-Stenogyne cranwelliae-p
[GRAPHIC] [TIFF OMITTED] TR12MR24.027

    (197) Hawaii 42-Phyllostegia floribunda-p (8,781 ac; 3,554 ha). See 
paragraph (k)(196)(ii) of this section for the map of this unit.
    (198) Hawaii 42-Pittosporum hawaiiense-q (8,781 ac; 3,554 ha). See 
paragraph (k)(196)(ii) of this section for the map of this unit.
    (199) Hawaii 42-Schiedea diffusa ssp. macraei-p (8,781 ac; 3,554 
ha). See paragraph (k)(196)(ii) of this section for the map of this 
unit.
    (200) Hawaii 42-Stenogyne cranwelliae-p (8,781 ac; 3,554 ha). See 
paragraph (k)(196)(ii) of this section for the map of this unit.

[[Page 17969]]

    (201) Hawaii 43-Pittosporum hawaiiense-r (5,872 ac; 2,376 ha).
    (i) This unit is also critical habitat for Hawaii 43-Schiedea 
diffusa ssp. macraei-q and Hawaii 43-Stenogyne cranwelliae-q (see 
paragraphs (k)(202) and (k)(203), respectively, of this section).
    (ii) Map 112 follows:

Figure 120 to paragraph (k)

Map 112

Hawaii 43-Pittosporum hawaiiense-r, Hawaii 43-Schiedea diffusa ssp. 
macraei-q, Hawaii 43-Stenogyne cranwelliae-q
[GRAPHIC] [TIFF OMITTED] TR12MR24.028

    (202) Hawaii 43-Schiedea diffusa ssp. macraei-q (5,872 ac; 2,376 
ha). See paragraph (k)(201)(ii) of this section for the map of this 
unit.
    (203) Hawaii 43-Stenogyne cranwelliae-q (5,872 ac; 2,376 ha). See 
paragraph (k)(201)(ii) of this section for the map of this unit.
    (204) Hawaii 44-Cyanea tritomantha-h (5,884 ac; 2,381 ha).
    (i) This unit is also critical habitat for Hawaii 44-Pittosporum 
hawaiiense-s, Hawaii 44-Schiedea diffusa ssp. macraei-r, and Hawaii 44-
Stenogyne cranwelliae-r (see paragraphs (k)(205), (k)(206), and 
(k)(207), respectively, of this section).
    (ii) Map 113 follows:

Figure 121 to paragraph (k)

Map 113

Hawaii 44-Cyanea tritomantha-h, Hawaii 44-Pittosporum hawaiiense-s, 
Hawaii 44-Schiedea diffusa ssp. macraei-r, Hawaii 44-Stenogyne 
cranwelliae-r
[GRAPHIC] [TIFF OMITTED] TR12MR24.029

    (205) Hawaii 44-Pittosporum hawaiiense-s (5,884 ac; 2,381 ha). See 
paragraph (k)(204)(ii) of this section for the map of this unit.
    (206) Hawaii 44-Schiedea diffusa ssp. macraei-r (5,884 ac; 2,381 
ha). See paragraph (k)(204)(ii) of this section for the map of this 
unit.
    (207) Hawaii 44-Stenogyne cranwelliae-r (5,884 ac; 2,381 ha). See 
paragraph (k)(204)(ii) of this section for the map of this unit.
    (208) Hawaii 45-Phyllostegia floribunda-q (5,494 ac; 2,223 ha).
    (i) This unit is also critical habitat for Hawaii 45-Pittosporum 
hawaiiense-t (see paragraph (k)(209) of this section).
    (ii) Map 114 follows:

Figure 122 to paragraph (k)

Map 114

Hawaii 45-Phyllostegia floribunda-q, Hawaii 45-Pittosporum hawaiiense-t
[GRAPHIC] [TIFF OMITTED] TR12MR24.030

    (209) Hawaii 45-Pittosporum hawaiiense-t (5,494 ac; 2,223 ha). See 
paragraph (k)(208)(ii) of this section for the map of this unit.
    (210) Hawaii 46-Cyrtandra nanawaleensis-b (12,219 ac; 4,945 ha)
    (i) This unit is also critical habitat for Hawaii 46-Phyllostegia 
floribunda-r (see paragraph (k)(211) of this section).
    (ii) Map 115 follows:

Figure 123 to paragraph (k)

Map 115

Hawaii 46-Cyrtandra nanawaleensis-b, Hawaii 46-Phyllostegia floribunda-
r

[[Page 17970]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.031

    (211) Hawaii 46-Phyllostegia floribunda-r (12,219 ac; 4,945 ha). 
See paragraph (k)(210)(ii) of this section for the map of this unit.
    (212) Hawaii 47-Cyrtandra nanawaleensis-c (274 ac; 111 ha)
    (i) [Reserved].
    (ii) Map 116 follows:

Figure 124 to paragraph (k)

Map 116

Hawaii 47-Cyrtandra nanawaleensis-c, Hawaii 48-Cyrtandra nanawaleensis-
d
[GRAPHIC] [TIFF OMITTED] TR12MR24.032

    (213) Hawaii 48-Cyrtandra nanawaleensis-d (589 ac; 238 ha). See 
paragraph (k)(212)(ii) of this section for the map of this unit.
    (214) Hawaii 49-Cyrtandra nanawaleensis-e (875 ac; 354 ha)
    (i) [Reserved].
    (ii) Map 117 follows:

Figure 125 to paragraph (k)

Map 117

Hawaii 49-Cyrtandra nanawaleensis-e, Hawaii 50-Cyrtandra nanawaleensis-
f
[GRAPHIC] [TIFF OMITTED] TR12MR24.033

    (215) Hawaii 50-Cyrtandra nanawaleensis-f (562 ac; 227 ha). See 
paragraph (k)(214)(ii) of this section for the map of this unit.
    (216) Hawaii 51-Cyanea tritomantha-i (17,774 ac; 7,193 ha).
    (i) This unit is also critical habitat for Hawaii 51-Phyllostegia 
floribunda-s, Hawaii 51-Pittosporum hawaiiense-u, Hawaii 51-Schiedea 
diffusa ssp. macraei-s, and Hawaii 51-Stenogyne cranwelliae-s (see 
paragraphs (k)(217), (k)(218), (k)(219), and (k)(220), respectively, of 
this section).
    (ii) Map 118 follows:

Figure 126 to paragraph (k)

Map 118

Hawaii 51-Cyanea tritomantha-i, Hawaii 51-Phyllostegia floribunda-s, 
Hawaii 51-Pittosporum hawaiiense-u, Hawaii 51-Schiedea diffusa ssp. 
macraei-s, Hawaii 51-Stenogyne cranwelliae-s

[[Page 17971]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.034

    (217) Hawaii 51-Phyllostegia floribunda-s (17,774 ac; 7,193 ha). 
See paragraph (k)(216)(ii) of this section for the map of this unit.
    (218) Hawaii 51-Pittosporum hawaiiense-u (17,774 ac; 7,193 ha). See 
paragraph (k)(216)(ii) of this section for the map of this unit.
    (219) Hawaii 51-Schiedea diffusa ssp. macraei-s (17,774 ac; 7,193 
ha). See paragraph (k)(216)(ii) of this section for the map of this 
unit.
    (220) Hawaii 51-Stenogyne cranwelliae-s (17,774 ac; 7,193 ha). See 
paragraph (k)(216)(ii) of this section for the map of this unit.
    (221) Hawaii 52-Cyanea tritomantha-j (3,656 ac; 1,479 ha).
    (i) This unit is also critical habitat for Hawaii 52-Cyrtandra 
wagneri-b, Hawaii 52-Melicope remyi-d, Hawaii 52-Phyllostegia 
floribunda-t, Hawaii 52-Pittosporum hawaiiense-v, Hawaii 52-Schiedea 
diffusa ssp. macraei-t, and Hawaii 52-Stenogyne cranwelliae-t (see 
paragraphs (k)(222), (k)(223), (k)(224), (k)(225), (k)(226), and 
(k)(227), respectively, of this section).
    (ii) Map 119 follows:

Figure 127 to paragraph (k)

Map 119

Hawaii 52-Cyanea tritomantha-j, Hawaii 52-Cyrtandra wagneri-b, Hawaii 
52-Melicope remyi-d, Hawaii 52-Phyllostegia floribunda-t, Hawaii 52-
Pittosporum hawaiiense-v, Hawaii 52-Schiedea diffusa ssp. macraei-t, 
Hawaii 52-Stenogyne cranwelliae-t
[GRAPHIC] [TIFF OMITTED] TR12MR24.035

    (222) Hawaii 52-Cyrtandra wagneri-b (3,656 ac; 1,479 ha). See 
paragraph (k)(221)(ii) of this section for the map of this unit.
    (223) Hawaii 52-Melicope remyi-d (3,656 ac; 1,479 ha). See 
paragraph (k)(221)(ii) of this section for the map of this unit.
    (224) Hawaii 52-Phyllostegia floribunda-t (3,656 ac; 1,479 ha). See 
paragraph (k)(221)(ii) of this section for the map of this unit.
    (225) Hawaii 52-Pittosporum hawaiiense-v (3,656 ac; 1,479 ha). See 
paragraph (k)(221)(ii) of this section for the map of this unit.
    (226) Hawaii 52-Schiedea diffusa ssp. macraei-t (3,656 ac; 1,479 
ha). See paragraph (k)(221)(ii) of this section for the map of this 
unit.
    (227) Hawaii 52-Stenogyne cranwelliae-t (3,656 ac; 1,479 ha). See 
paragraph (k)(221)(ii) of this section for the map of this unit.
    (228) Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b (154 
ac; 62 ha)
    (i) [Reserved].
    (ii) Map 120 follows:

Figure 128 to paragraph (k)

Map 120

Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b

[[Page 17972]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.036


[[Page 17973]]


    (229) Hawaii 54-Cyanea tritomantha-k (5,945 ac; 2,406 ha).
    (i) This unit is also critical habitat for Hawaii 54-Melicope 
remyi-e, Hawaii 54-Phyllostegia floribunda-u, Hawaii 54-Pittosporum 
hawaiiense-w, Hawaii 54-Schiedea diffusa ssp. macraei-u, and Hawaii 54-
Stenogyne cranwelliae-u (see paragraphs (k)(230), (k)(231), (k)(232), 
(k)(233), and (k)(234), respectively, of this section).
    (ii) Map 121 follows:

Figure 129 to paragraph (k)

Map 121

Hawaii 54-Cyanea tritomantha-k, Hawaii 54-Melicope remyi-e, Hawaii 54-
Phyllostegia floribunda-u, Hawaii 54-Pittosporum hawaiiense-w, Hawaii 
54-Schiedea diffusa ssp. macraei-u, Hawaii 54-Stenogyne cranwelliae-u
[GRAPHIC] [TIFF OMITTED] TR12MR24.037

    (230) Hawaii 54-Melicope remyi-e (5,945 ac; 2,406 ha). See 
paragraph (k)(229)(ii) of this section for the map of this unit.
    (231) Hawaii 54-Phyllostegia floribunda-u (5,945 ac; 2,406 ha). See 
paragraph (k)(229)(ii) of this section for the map of this unit.
    (232) Hawaii 54-Pittosporum hawaiiense-w (5,945 ac; 2,406 ha). See 
paragraph (k)(229)(ii) of this section for the map of this unit.
    (233) Hawaii 54-Schiedea diffusa ssp. macraei-u (5,945 ac; 2,406 
ha). See paragraph (k)(229)(ii) of this section for the map of this 
unit.
    (234) Hawaii 54-Stenogyne cranwelliae-u (5,945 ac; 2,406 ha). See 
paragraph (k)(229)(ii) of this section for the map of this unit.
    (235) Hawaii 55-Schiedea hawaiiensis-a (6,822 ac; 2,761 ha)
    (i) [Reserved].
    (ii) Map 122 follows:

Figure 130 to paragraph (k)

Map 122

Hawaii 55-Schiedea hawaiiensis-a
[GRAPHIC] [TIFF OMITTED] TR12MR24.038

    (236) Hawaii 56-Cyanea marksii-i (224 ac; 91 ha)
    (i) This unit is also critical habitat for Hawaii 56-Schiedea 
diffusa ssp. macraei-v (see paragraph (k)(237) of this section).
    (ii) Map 123 follows:

Figure 131 to paragraph (k)

Map 123

Hawaii 56-Cyanea marksii-i, Hawaii 56-Schiedea diffusa ssp. macraei-v
[GRAPHIC] [TIFF OMITTED] TR12MR24.039

BILLING CODE 4333-15-C
    (237) Hawaii 56-Schiedea diffusa ssp. macraei-v (224 ac; 91 ha). 
See paragraph (k)(236)(ii) of this section for the map of this unit.
    (238) Table of Listed Species Within Each Critical Habitat Unit for 
the Island of Hawaii.

------------------------------------------------------------------------
          Unit name             Species occupied     Species unoccupied
------------------------------------------------------------------------
Hawaii 1--Clermontia          Clermontia            Clermontia
 lindseyana-a.                 lindseyana.           lindseyana.
Hawaii 1--Clermontia peleana- Clermontia peleana..  Clermontia peleana.
 a.

[[Page 17974]]

 
Hawaii 1--Clermontia          ....................  Clermontia
 pyrularia-a.                                        pyrularia.
Hawaii 1--Cyanea shipmanii-a  Cyanea shipmanii....  Cyanea shipmanii.
Hawaii 1--Phyllostegia        Phyllostegia          Phyllostegia
 racemosa-a.                   racemosa.             racemosa.
Hawaii 2--Clermontia          Clermontia            Clermontia
 lindseyana-b.                 lindseyana.           lindseyana.
Hawaii 2--Clermontia          Clermontia pyrularia  Clermontia
 pyrularia-b.                                        pyrularia.
Hawaii 2--Phyllostegia        Phyllostegia          Phyllostegia
 racemosa-b.                   racemosa.             racemosa.
Hawaii 3--Clermontia peleana- Clermontia peleana..  Clermontia peleana.
 b.
Hawaii 3--Cyanea platyphylla- Cyanea platyphylla..  Cyanea platyphylla.
 a.
Hawaii 3--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 a.
Hawaii 3--Cyrtandra           Cyrtandra giffardii.  Cyrtandra giffardii.
 giffardii-a.
Hawaii 3--Cyrtandra           Cyrtandra             Cyrtandra
 tintinnabula-a.               tintinnabula.         tintinnabula.
Hawaii 3--Cyrtandra wagneri-  Cyrtandra wagneri...  Cyrtandra wagneri.
 a.
Hawaii 3--Melicope remyi-a..  Melicope remyi......  Melicope remyi.
Hawaii 3--Phyllostegia        Phyllostegia          Phyllostegia
 floribunda-a.                 floribunda.           floribunda.
Hawaii 3--Phyllostegia        Phyllostegia          Phyllostegia
 warshaueri-a.                 warshaueri.           warshaueri.
Hawaii 3--Pittosporum         ....................  Pittosporum
 hawaiiense-a.                                       hawaiiense.
Hawaii 3--Schiedea diffusa    ....................  Schiedea diffusa
 ssp. macraei-a.                                     ssp. macraei.
Hawaii 3--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-a.                cranwelliae.          cranwelliae.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-a.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-b.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-c.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-d.
Hawaii 4--Isodendrion         ....................  Isodendrion hosakae.
 hosakae-e.
Hawaii 4--Isodendrion         Isodendrion hosakae.  Isodendrion hosakae.
 hosakae-f.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensi..
 a.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensis.
 b.
Hawaii 4--Vigna o-wahuensis-  ....................  Vigna o-wahuensis.
 c.
Hawaii 5--Nothocestrum        ....................  Nothocestrum
 breviflorum-a.                                      breviflorum.
Hawaii 6--Bidens              Bidens                Bidens
 hillebrandiana ssp.           hillebrandiana ssp.   hillebrandiana ssp.
 hillebrandiana-a.             hillebrandiana.       hillebrandiana.
Hawaii 6--Nothocestrum        Nothocestrum          Nothocestrum
 breviflorum-b.                breviflorum.          breviflorum.
Hawaii 7--Dracaena konaensis- Dracaena konaensis..  Dracaena konaensis.
 a.
Hawaii 8--Clermontia          Clermontia            Clermontia
 drepanomorpha-a.              drepanomorpha.        drepanomorpha.
Hawaii 8--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 b.
Hawaii 8--Melicope remyi-b..  ....................  Melicope remyi.
Hawaii 8--Phyllostegia        ....................  Phyllostegia
 floribunda-b.                                       floribunda.
Hawaii 8--Phyllostegia        Phyllostegia          Phyllostegia
 warshaueri-b.                 warshaueri.           warshaueri.
Hawaii 8--Pittosporum         Pittosporum           Pittosporum
 hawaiiense-b.                 hawaiiense.           hawaiiense.
Hawaii 8--Schiedea diffusa    Schiedea diffusa      Schiedea diffusa
 ssp. macraei-b.               ssp. macraei.         ssp. macraei.
Hawaii 8--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-b.                cranwelliae.          cranwelliae.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 a.
Hawaii 9--Achyranthes mutica- Achyranthes mutica..  Achyranthes mutica.
 b.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 c.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 d.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 e.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 f.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 g.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 h.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 i.
Hawaii 9--Achyranthes mutica- ....................  Achyranthes mutica.
 j.
Hawaii 9--Cyanea tritomantha- Cyanea tritomantha..  Cyanea tritomantha.
 c.
Hawaii 9--Melicope remyi-c..  ....................  Melicope remyi.
Hawaii 9--Phyllostegia        ....................  Phyllostegia
 floribunda-c.                                       floribunda.
Hawaii 9--Pittosporum         Pittosporum           Pittosporum
 hawaiiense-c.                 hawaiiense.           hawaiiense.
Hawaii 9--Schiedea diffusa    Schiedea diffusa      Schiedea diffusa
 ssp. macraei-c.               ssp. macraei.         ssp. macraei.
Hawaii 9--Stenogyne           Stenogyne             Stenogyne
 cranwelliae-c.                cranwelliae.          cranwelliae.
Hawaii 10--Argyroxiphium      ....................  Argyroxiphium
 kauense-a.                                          kauense.
Hawaii 10--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-a.                                 ssp. ctenophylla.
Hawaii 10--Bonamia menziesii- ....................  Bonamia menziesii.
 a.
Hawaii 10--Colubrina          Colubrina             Colubrina
 oppositifolia-a.              oppositifolia.        oppositifolia.
Hawaii 10--Delissea undulata- ....................  Delissea undulata.
 a.
Hawaii 10--Delissea undulata- Delissea undulata...  Delissea undulata.
 b.
Hawaii 10--Dracaena           Dracaena konaensis..  Dracaena konaensis.
 konaensis-b.
Hawaii 10--Hibiscadelphus     Hibiscadelphus        Hibiscadelphus
 hualalaiensis-a.              hualalaiensis.        hualalaiensis.
Hawaii 10--Hibiscus           Hibiscus              Hibiscus
 brackenridgei-a.              brackenridgei.        brackenridgei.
Hawaii 10--Isodendrion        ....................  Isodendrion
 pyrifolium-a.                                       pyrifolium.
Hawaii 10--Mezoneuron         Mezoneuron kavaiense  Mezoneuron
 kavaiense-a.                                        kavaiense.
Hawaii 10--Neraudia ovata-a.  ....................  Neraudia ovata.
Hawaii 10--Nothocestrum       Nothocestrum          Nothocestrum
 breviflorum-c.                breviflorum.          breviflorum.
Hawaii 10--Solanum            ....................  Solanum incompletum.
 incompletum-a.
Hawaii 10--Zanthoxylum        Zanthoxylum           Zanthoxylum
 dipetalum ssp. tomentosum-a.  dipetalum ssp.        dipetalum ssp.
                               tomentosum.           tomentosum.
Hawaii 11--Cyanea             Cyanea hamatiflora    Cyanea hamatiflora
 hamatiflora ssp. carlsonii-   ssp. carlsonii.       ssp. carlsonii.
 a.

[[Page 17975]]

 
Hawaii 11--Solanum            ....................  Solanum incompletum.
 incompletum-b.
Hawaii 14--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii-                         ssp. carlsonii.
 b.
Hawaii 15--Cyanea             ....................  Cyanea hamatiflora
 hamatiflora ssp. carlsonii-                         ssp. carlsonii.
 c.
Hawaii 15--Cyanea marksii-a   Cyanea marksii......  Cyanea marksii.
 Section 4.
Hawaii 15--Cyanea marksii-b-- Cyanea marksii......  Cyanea marksii.
 Section 5.
Hawaii 15--Cyanea             Cyanea stictophylla.  Cyanea stictophylla.
 stictophylla-a.
Hawaii 15--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-d--Section 4.      floribunda.           floribunda.
Hawaii 15--Phyllostegia       ....................  Phyllostegia
 floribunda-e--Section 5.                            floribunda.
Hawaii 15--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-d--Section 4.      hawaiiense.           hawaiiense.
Hawaii 15--Pittosporum        ....................  Pittosporum
 hawaiiense-e--Section 5.                            hawaiiense.
Hawaii 15--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-d--Section 4.                          ssp. macraei.
Hawaii 15--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-e--Section 5.                          ssp. macraei.
Hawaii 15--Stenogyne          ....................  Stenogyne
 cranwelliae-d--Section 4.                           cranwelliae.
Hawaii 15--Stenogyne          ....................  Stenogyne
 cranwelliae-e--Section 5.                           cranwelliae.
Hawaii 16--Cyanea             Cyanea hamatiflora    Cyanea hamatiflora
 hamatiflora ssp. carlsonii-   ssp. carlsonii.       ssp. carlsonii.
 d.
Hawaii 16--Cyanea marksii-c.  Cyanea marksii......  Cyanea marksii.
Hawaii 16--Cyanea             Cyanea stictophylla.  Cyanea stictophylla.
 stictophylla-b.
Hawaii 16--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-f.                 floribunda.           floribunda.
Hawaii 16--Pittosporum        ....................  Pittosporum
 hawaiiense-f.                                       hawaiiense.
Hawaii 16--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-f.                                     ssp. macraei.
Hawaii 16--Stenogyne          ....................  Stenogyne
 cranwelliae-f.                                      cranwelliae.
Hawaii 17--Asplenium          Asplenium             Asplenium
 dielerectum-a.                dielerectum.          dielerectum.
Hawaii 17--Flueggea           Flueggea neowawraea.  Flueggea neowawraea.
 neowawraea-a.
Hawaii 18--Asplenium          Asplenium             Asplenium
 dielerectum-b.                dielerectum.          dielerectum.
Hawaii 18--Colubrina          Colubrina             Colubrina
 oppositifolia-b.              oppositifolia.        oppositifolia.
Hawaii 18--Dracaena           Dracaena konaensis..  Dracaena konaensis.
 konaensis-c.
Hawaii 18--Flueggea           Flueggea neowawraea.  Flueggea neowawraea.
 neowawraea-b.
Hawaii 18--Gouania vitifolia- Gouania vitifolia...  Gouania vitifolia.
 a.
Hawaii 18--Neraudia ovata-d.  Neraudia ovata......  Neraudia ovata.
Hawaii 19--Mariscus fauriei-  Mariscus fauriei....  Mariscus fauriei.
 a.
Hawaii 20--Sesbania           Sesbania tomentosa..  Sesbania tomentosa.
 tomentosa-a.
Hawaii 21--Ischaemum byrone-  ....................  Ischaemum byrone.
 a.
Hawaii 22--Ischaemum byrone-  Ischaemum byrone....  Ischaemum byrone.
 b.
Hawaii 23--Dracaena           Dracaena konaensis..  Dracaena konaensis.
 konaensis-d.
Hawaii 23--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-g.                 floribunda.           floribunda.
Hawaii 23--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-g.                 hawaiiense.           hawaiiense.
Hawaii 23--Sesbania           Sesbania tomentosa..  Sesbania tomentosa.
 tomentosa-b.
Hawaii 24--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-b.                    kauense.              kauense.
Hawaii 24--Asplenium fragile  Asplenium fragile     Asplenium fragile
 var. insulare-a.              var. insulare.        var. insulare..
Hawaii 24--Cyanea             ....................  Cyanea stictophylla.
 stictophylla-c.
Hawaii 24--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-d--Section 8.
Hawaii 24--Melicope           ....................  Melicope
 zahlbruckneri-a.                                    zahlbruckneri.
Hawaii 24--Phyllostegia       Phyllostegia          Phyllostegia
 velutina-a.                   velutina.             velutina.
Hawaii 24--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-h--Section 8.      hawaiiense.           hawaiiense.
Hawaii 24--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-i--Section 9.      hawaiiense.           hawaiiense.
Hawaii 24--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-a.
Hawaii 24--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-g--Section 8.    ssp. macraei.         ssp. macraei.
Hawaii 24--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-h--Section 9.    ssp. macraei.         ssp. macraei.
Hawaii 24--Stenogyne          ....................  Stenogyne
 cranwelliae-g--Section 8.                           cranwelliae.
Hawaii 24--Stenogyne          ....................  Stenogyne
 cranwelliae-h--Section 9.                           cranwelliae.
Hawaii 25--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-c.                    kauense.              kauense.
Hawaii 25--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-b.
Hawaii 25--Silene             Silene hawaiiensis..  Silene hawaiiensis.
 hawaiiensis-a.
Hawaii 26--Hibiscadelphus     Hibiscadelphus        Hibiscadelphus
 giffardianus-a.               giffardianus.         giffardianus.
Hawaii 26--Melicope           Melicope              Melicope
 zahlbruckneri-b.              zahlbruckneri.        zahlbruckneri.
Hawaii 27--Portulaca          Portulaca             Portulaca
 sclerocarpa-a.                sclerocarpa.          sclerocarpa.
Hawaii 27--Silene             Silene hawaiiensis..  Silene hawaiiensis.
 hawaiiensis-b.
Hawaii 28--Adenophorus        Adenophorus periens.  Adenophorus periens.
 periens-a.
Hawaii 28--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-a.              nanawaleensis.        nanawaleensis.
Hawaii 28--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-h.                 floribunda.           floribunda.

[[Page 17976]]

 
Hawaii 29--Clermontia         Clermontia peleana..  Clermontia peleana.
 peleana-c.
Hawaii 29--Cyanea             Cyanea platyphylla..  Cyanea platyphylla.
 platyphylla-b.
Hawaii 29--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-e.
Hawaii 29--Cyrtandra          ....................  Cyrtandra giffardii.
 giffardii-b.
Hawaii 29--Cyrtandra          ....................  Cyrtandra
 tintinnabula-b.                                     tintinnabula.
Hawaii 29--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-i.                 floribunda.           floribunda.
Hawaii 29--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-j.                 hawaiiense.           hawaiiense.
Hawaii 29--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-i.               ssp. macraei.         ssp. macraei.
Hawaii 29--Stenogyne          ....................  Stenogyne
 cranwelliae-i.                                      cranwelliae.
Hawaii 30--Argyroxiphium      Argyroxiphium         Argyroxiphium
 kauense-d.                    kauense.              kauense.
Hawaii 30--Clermontia         Clermontia            Clermontia
 lindseyana-c.                 lindseyana.           lindseyana.
Hawaii 30--Cyanea shipmanii-  Cyanea shipmanii....  Cyanea shipmanii.
 b.
Hawaii 30--Cyanea shipmanii-  ....................  Cyanea shipmanii.
 c.
Hawaii 30--Cyanea             ....................  Cyanea stictophylla.
 stictophylla-d.
Hawaii 30--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-f.
Hawaii 30--Cyrtandra          Cyrtandra giffardii.  Cyrtandra giffardii.
 giffardii-c.
Hawaii 30--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-j.                 floribunda.           floribunda.
Hawaii 30--Phyllostegia       ....................  Phyllostegia
 racemosa-c.                                         racemosa.
Hawaii 30--Phyllostegia       Phyllostegia          Phyllostegia
 velutina-b.                   velutina.             velutina.
Hawaii 30--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-k.                 hawaiiense.           hawaiiense.
Hawaii 30--Plantago           Plantago hawaiensis.  Plantago hawaiensis.
 hawaiensis-c.
Hawaii 30--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-j.               ssp. macraei.         ssp. macraei.
Hawaii 30--Sicyos alba-a....  Sicyos alba.........  Sicyos alba.
Hawaii 30--Stenogyne          ....................  Stenogyne
 cranwelliae-j.                                      cranwelliae.
Hawaii 31--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-b.                                 ssp. ctenophylla.
Hawaii 31--Isodendrion        ....................  Isodendrion
 pyrifolium-b.                                       pyrifolium.
Hawaii 31--Mezoneuron         Mezoneuron kavaiense  Mezoneuron
 kavaiense-b.                                        kavaiense.
Hawaii 33--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-d.                                 ssp. ctenophylla.
Hawaii 33--Isodendrion        ....................  Isodendrion
 pyrifolium-d.                                       pyrifolium.
Hawaii 33--Mezoneuron         ....................  Mezoneuron
 kavaiense-d.                                        kavaiense.
Hawaii 34--Bidens micrantha   ....................  Bidens micrantha
 ssp. ctenophylla-e.                                 ssp. ctenophylla.
Hawaii 34--Isodendrion        ....................  Isodendrion
 pyrifolium-e.                                       pyrifolium.
Hawaii 34--Mezoneuron         ....................  Mezoneuron
 kavaiense-e.                                        kavaiense.
Hawaii 36--Bidens micrantha   Bidens micrantha      Bidens micrantha
 ssp. ctenophylla-g.           ssp. ctenophylla.     ssp. ctenophylla.
Hawaii 36--Isodendrion        ....................  Isodendrion
 pyrifolium-g.                                       pyrifolium.
Hawaii 37--Cyanea marksii-d.  Cyanea marksii......  Cyanea marksii.
Hawaii 37--Phyllostegia       ....................  Phyllostegia
 floribunda-k.                                       floribunda.
Hawaii 37--Pittosporum        ....................  Pittosporum
 hawaiiense-l.                                       hawaiiense.
Hawaii 37--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-k.                                     ssp. macraei.
Hawaii 37--Stenogyne          ....................  Stenogyne
 cranwelliae-k.                                      cranwelliae.
Hawaii 38--Cyanea marksii-e.  Cyanea marksii......  Cyanea marksii.
Hawaii 38--Phyllostegia       ....................  Phyllostegia
 floribunda-l.                                       floribunda.
Hawaii 38--Pittosporum        ....................  Pittosporum
 hawaiiense-m.                                       hawaiiense.
Hawaii 38--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-l.                                     ssp. macraei.
Hawaii 38--Stenogyne          ....................  Stenogyne
 cranwelliae-l.                                      cranwelliae.
Hawaii 39--Cyanea marksii-f.  Cyanea marksii......  Cyanea marksii.
Hawaii 39--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-m.                 floribunda.           floribunda.
Hawaii 39--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-n.                 hawaiiense.           hawaiiense.
Hawaii 39--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-m.                                     ssp. macrae.
Hawaii 39--Stenogyne          ....................  Stenogyne
 cranwelliae-m.                                      cranwelliae.
Hawaii 40--Cyanea marksii-g.  Cyanea marksii......  Cyanea marksii.
Hawaii 40--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-n.                 floribunda.           floribunda.
Hawaii 40--Pittosporum        ....................  Pittosporum
 hawaiiense-o.                                       hawaiiense.
Hawaii 40--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-n.                                     ssp. macraei.
Hawaii 40--Stenogyne          ....................  Stenogyne
 cranwelliae-n.                                      cranwelliae.
Hawaii 41--Cyanea marksii-h.  Cyanea marksii......  Cyanea marksii.
Hawaii 41--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-o.                 floribunda.           floribunda.
Hawaii 41--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-p.                 hawaiiense.           hawaiiense.
Hawaii 41--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-o.                                     ssp. macraei.
Hawaii 41--Stenogyne          ....................  Stenogyne
 cranwelliae-o.                                      cranwelliae.
Hawaii 42--Cyanea             ....................  Cyanea tritomantha.
 tritomantha-g.
Hawaii 42--Phyllostegia       ....................  Phyllostegia
 floribunda-p.                                       floribunda.
Hawaii 42--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-q.                 hawaiiense.           hawaiiense.
Hawaii 42--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-p.               ssp. macraei.         ssp. macrae..
Hawaii 42--Stenogyne          ....................  Stenogyne
 cranwelliae-p.                                      cranwelliae.
Hawaii 43--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-r.                 hawaiiense.           hawaiiense.
Hawaii 43--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-q.               ssp. macraei.         ssp. macrae..
Hawaii 43--Stenogyne          ....................  Stenogyne
 cranwelliae-q.                                      cranwelliae.
Hawaii 44--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-h.
Hawaii 44--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-s.                 hawaiiense.           hawaiiense.

[[Page 17977]]

 
Hawaii 44--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-r.               ssp. macraei.         ssp. macraei.
Hawaii 44--Stenogyne          ....................  Stenogyne
 cranwelliae-r.                                      cranwelliae.
Hawaii 45--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-q.                 floribunda.           floribunda.
Hawaii 45--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-t.                 hawaiiense.           hawaiiense.
Hawaii 46--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-b.              nanawaleensis.        nanawaleensis.
Hawaii 46--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-r.                 floribunda.           floribunda.
Hawaii 47--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-c.              nanawaleensis.        nanawaleensis.
Hawaii 48--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-d.              nanawaleensis.        nanawaleensis.
Hawaii 49--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-e.              nanawaleensis.        nanawaleensis.
Hawaii 50--Cyrtandra          Cyrtandra             Cyrtandra
 nanawaleensis-f.              nanawaleensis.        nanawaleensis..
Hawaii 51--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-i.
Hawaii 51--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-s.                 floribunda.           floribunda.
Hawaii 51--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-u.                 hawaiiense.           hawaiiense.
Hawaii 51--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-s.               ssp. macraei.         ssp. macraei.
Hawaii 51--Stenogyne          ....................  Stenogyne
 cranwelliae-s.                                      cranwelliae.
Hawaii 52--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-j.
Hawaii 52--Cyrtandra wagneri- Cyrtandra wagneri...  Cyrtandra wagneri.
 b.
Hawaii 52--Melicope remyi-d.  Melicope remyi......  Melicope remyi.
Hawaii 52--Phyllostegia       Phyllostegia          Phyllostegia
 floribunda-t.                 floribunda.           floribunda.
Hawaii 52--Pittosporum        ....................  Pittosporum
 hawaiiense-v.                                       hawaiiense.
Hawaii 52--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-t.                                     ssp. macraei.
Hawaii 52--Stenogyne          Stenogyne             Stenogyne
 cranwelliae-t.                cranwelliae.          cranwelliae.
Hawaii 53--Bidens             Bidens                Bidens
 hillebrandiana ssp.           hillebrandiana ssp.   hillebrandiana ssp.
 hillebrandiana-b.             hillebrandiana.       hillebrandiana.
Hawaii 54--Cyanea             Cyanea tritomantha..  Cyanea tritomantha.
 tritomantha-k.
Hawaii 54--Melicope remyi-e.  ....................  Melicope remyi.
Hawaii 54--Phyllostegia       ....................  Phyllostegia
 floribunda-u.                                       floribunda.
Hawaii 54--Pittosporum        Pittosporum           Pittosporum
 hawaiiense-w.                 hawaiiense.           hawaiiense.
Hawaii 54--Schiedea diffusa   Schiedea diffusa      Schiedea diffusa
 ssp. macraei-u.               ssp. macraei.         ssp. macraei.
Hawaii 54--Stenogyne          Stenogyne             Stenogyne
 cranwelliae-u.                cranwelliae.          cranwelliae.
Hawaii 55--Schiedea           ....................  Schiedea
 hawaiiensis-a.                                      hawaiiensis.
Hawaii 56--Cyanea marksii-i.  ....................  Cyanea marksii.
Hawaii 56--Schiedea diffusa   ....................  Schiedea diffusa
 ssp. macraei-v.                                     ssp. macraei
------------------------------------------------------------------------

* * * * *
    (1) Plants on the island of Hawaii; Constituent elements.--(1) 
Flowering plants.
* * * * *
Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana 
(KOOKOOLAU)
    Hawaii 6--Bidens hillebrandiana ssp. hillebrandiana-a and Hawaii 
53--Bidens hillebrandiana ssp. hillebrandiana-b, identified in the 
legal descriptions in paragraph (k) of this section, constitute 
critical habitat for Bidens hillebrandiana ssp. hillebrandiana on 
Hawaii Island. In units Hawaii 6--Bidens hillebrandiana ssp. 
hillebrandiana-a and Hawaii 53--Bidens hillebrandiana ssp. 
hillebrandiana-b, the physical and biological features of critical 
habitat in coastal ecosystem are:
    (i) Elevation: Less than 984feet (ft) (300 meters (m)).
    (ii) Annual precipitation: Less than 47 inches (in) (120 
centimeters (cm)) to greater than 98 in (250 cm).
    (iii) Substrate: Well-drained talus, calcareous slopes, dunes.
    (iv) Canopy contains one or more of the following native plant 
genera: Diospyros, Metrosideros, Myoporum, Pritchardia.
    (v) Subcanopy contains one or more of the following native plant 
genera: Chenopodium, Gossypium, Heliotropium, Santalum, Scaevola.
    (vi) Understory contains one or more of the following native plant 
genera: Eragrostis, Sesuvium, Sida, Sporobolus.
* * * * *
Family Campanulaceae: Cyanea marksii (HAHA)
    Hawaii 15--Cyanea marksii-a-Section 4, Hawaii 15--Cyanea marksii-b-
Section 5, Hawaii 16--Cyanea marksii-c, Hawaii 37--Cyanea marksii-d, 
Hawaii 38--Cyanea marksii-e, Hawaii 39--Cyanea marksii-f, Hawaii 40--
Cyanea marksii-g, Hawaii 41--Cyanea marksii-h, and Hawaii 56--Cyanea 
marksii-i, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Cyanea marksii on Hawaii 
Island. In units Hawaii 15--Cyanea marksii-a-Section 4, Hawaii 15--
Cyanea marksii-b-Section 5, Hawaii 16--Cyanea marksii-c, Hawaii 37--
Cyanea marksii-d, Hawaii 38--Cyanea marksii-e, Hawaii 39--Cyanea 
marksii-f, Hawaii 40--Cyanea marksii-g, Hawaii 41--Cyanea marksii-h, 
and Hawaii 56--Cyanea marksii-i, the physical and biological features 
of critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,218 ft (2,200 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Campanulaceae: Cyanea tritomantha (AKU)
    Hawaii 3--Cyanea tritomantha-a, Hawaii 8--Cyanea tritomantha-b, 
Hawaii 9--Cyanea tritomantha-c, Hawaii 24--Cyanea tritomantha-d-Section 
8, Hawaii 29--Cyanea tritomantha-e, Hawaii 30--Cyanea tritomantha-f, 
Hawaii 42--Cyanea tritomantha-g, Hawaii 44--Cyanea

[[Page 17978]]

tritomantha-h, Hawaii 51--Cyanea tritomantha-i, Hawaii 52--Cyanea 
tritomantha-j, and Hawaii 54--Cyanea tritomantha-k, identified in the 
legal descriptions in paragraph (k) of this section, constitute 
critical habitat for Cyanea tritomantha on Hawaii Island.
    (i) In units Hawaii 3--Cyanea tritomantha-a, Hawaii 24--Cyanea 
tritomantha-d-Section 8, Hawaii 29--Cyanea tritomantha-e, Hawaii 30--
Cyanea tritomantha-f, Hawaii 42--Cyanea tritomantha-g, Hawaii 44--
Cyanea tritomantha-h, Hawaii 51--Cyanea tritomantha-i, and Hawaii 52--
Cyanea tritomantha-j, the physical and biological features of critical 
habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,218 ft (2,200 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 8--Cyanea tritomantha-b, Hawaii 9--Cyanea 
tritomantha-c, and Hawaii 54--Cyanea tritomantha-k, the physical and 
biological features of critical habitat in wet forest ecosystem are 
those provided above in paragraphs (i)(A) through (F) of this entry, 
and in wet grassland and shrubland ecosystem are:
    (A) Elevation: 656 to 2,953 ft (200 to 900 m).
    (B) Annual precipitation: 98 to 197 in (250 to 500 cm).
    (C) Substrate: Older, weathered soils to younger, rocky substrates.
    (D) Canopy contains one or more of the following native plant 
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea, 
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis, 
Peperomia, Phyllostegia, Scaevola.
* * * * *
Family Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)
    Hawaii 3--Schiedea diffusa ssp. macraei-a, Hawaii 8--Schiedea 
diffusa ssp. macraei-b, Hawaii 9--Schiedea diffusa ssp. macraei-c, 
Hawaii 15--Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15--
Schiedea diffusa ssp. macraei-e-Section 5, Hawaii 16--Schiedea diffusa 
ssp. macraei-f, Hawaii 24--Schiedea diffusa ssp. macraei-g-Section 8, 
Hawaii 24--Schiedea diffusa ssp. macraei-h-Section 9, Hawaii 29--
Schiedea diffusa ssp. macraei-i, Hawaii 30--Schiedea diffusa ssp. 
macraei-j, Hawaii 37--Schiedea diffusa ssp. macraei-k, Hawaii 38--
Schiedea diffusa ssp. macraei-l, Hawaii 39--Schiedea diffusa ssp. 
macraei-m, Hawaii 40--Schiedea diffusa ssp. macraei-n, Hawaii 41--
Schiedea diffusa ssp. macraei-o, Hawaii 42--Schiedea diffusa ssp. 
macraei-p, Hawaii 43--Schiedea diffusa ssp. macraei-q, Hawaii 44--
Schiedea diffusa ssp. macraei-r, Hawaii 51--Schiedea diffusa ssp. 
macraei-s, Hawaii 52--Schiedea diffusa ssp. macraei-t, Hawaii 54--
Schiedea diffusa ssp. macraei-u, and Hawaii 56--Schiedea diffusa ssp. 
macraei-v, identified in the legal descriptions in paragraph (k) of 
this section, constitute critical habitat for Schiedea diffusa ssp. 
macraei on Hawaii Island. In units Hawaii 3--Schiedea diffusa ssp. 
macraei-a, Hawaii 8--Schiedea diffusa ssp. macraei-b, Hawaii 9--
Schiedea diffusa ssp. macraei-c, Hawaii 15--Schiedea diffusa ssp. 
macraei-d-Section 4, Hawaii 15--Schiedea diffusa ssp. macraei-e-Section 
5, Hawaii 16--Schiedea diffusa ssp. macraei-f, Hawaii 24--Schiedea 
diffusa ssp. macraei-g-Section 8, Hawaii 24--Schiedea diffusa ssp. 
macraei-h-Section 9, Hawaii 29--Schiedea diffusa ssp. macraei-i, Hawaii 
30--Schiedea diffusa ssp. macraei-j, Hawaii 37--Schiedea diffusa ssp. 
macraei-k, Hawaii 38--Schiedea diffusa ssp. macraei-l, Hawaii 39--
Schiedea diffusa ssp. macraei-m, Hawaii 40--Schiedea diffusa ssp. 
macraei-n, Hawaii 41--Schiedea diffusa ssp. macraei-o, Hawaii 42--
Schiedea diffusa ssp. macraei-p, Hawaii 43--Schiedea diffusa ssp. 
macraei-q, Hawaii 44--Schiedea diffusa ssp. macraei-r, Hawaii 51--
Schiedea diffusa ssp. macraei-s, Hawaii 52--Schiedea diffusa ssp. 
macraei-t, Hawaii 54--Schiedea diffusa ssp. macraei-u, and Hawaii 56--
Schiedea diffusa ssp. macraei-v, the physical and biological features 
of critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,218 ft (2,200 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)
    Hawaii 55--Schiedea hawaiiensis-a, identified in the legal 
descriptions in paragraph (k) of this section, constitutes critical 
habitat for Schiedea hawaiiensis on Hawaii Island. In unit Hawaii 55--
Schiedea hawaiiensis-a, the physical and biological features of 
critical habitat in dry forest ecosystem are:
    (i) Elevation: Less than 9,500 ft (2,900 m).
    (ii) Annual precipitation: Less than 79 in (200 cm).
    (iii) Substrate: Well-drained, sandy loams or loams from volcanic 
ash or cinder; weathered basaltic lava.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Colubrina, Diospyros, Erythrina, Melicope, 
Metrosideros, Myoporum, Myrsine, Sophora.
    (v) Subcanopy contains one or more of the following native plant 
genera: Achyranthes, Euphorbia, Leptecophylla, Nototrichium.
    (vi) Understory contains one or more of the following native plant 
genera: Dodonaea, Doryopteris, Heteropogon, Pellaea.
* * * * *
Family Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)
    Hawaii 28--Cyrtandra nanawaleensis-a, Hawaii 46--Cyrtandra 
nanawaleensis-b, Hawaii 47--Cyrtandra nanawaleensis-c, Hawaii 48--
Cyrtandra nanawaleensis-d, Hawaii 49--Cyrtandra nanawaleensis-e, and 
Hawaii 50--Cyrtandra nanawaleensis-f, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Cyrtandra nanawaleensis on Hawaii Island.

[[Page 17979]]

    (i) In units Hawaii 28--Cyrtandra nanawaleensis-a, Hawaii 46--
Cyrtandra nanawaleensis-b, Hawaii 47--Cyrtandra nanawaleensis-c, and 
Hawaii 48--Cyrtandra nanawaleensis-d, the physical and biological 
features of critical habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,218 ft (2,200 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 49--Cyrtandra nanawaleensis-e and Hawaii 50--
Cyrtandra nanawaleensis-f, the physical and biological features of 
critical habitat in wet forest ecosystem are those provided above in 
paragraphs (i)(A) through (F) of this entry, and in the mesic forest 
ecosystem and mesic grassland and shrubland ecosystem are:
    (A) Elevation: Less than 6,562 ft (2,000 m) in mesic forest 
ecosystem, and 98 to 7,546ft (30 to 2,300 m) in mesic grassland and 
shrubland ecosystem.
    (B) Annual precipitation: 39 to 150 in (100 to 380 cm) in mesic 
forest ecosystem, and 39 to 98 in (100 to 250 cm) in mesic grassland 
and shrubland ecosystem.
    (C) Substrate: Rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; and gravelly alluvium in mesic forest ecosystem; and 
shallow soils that frequently dry with rocky outcrops in mesic 
grassland and shrubland ecosystem.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum in mesic forest ecosystem; and 
Coprosma, Metrosideros, Wilkesia in mesic grassland and shrubland 
ecosystem.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora in mesic forest ecosystem; and Dodonaea, 
Dubautia, Leptecophylla, Osteomeles, Sadleria, Vaccinium in mesic 
grassland and shrubland ecosystem.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria in mesic forest 
ecosystem; and Bidens, Carex, Deschampsia, Dicranopteris, Dryopteris, 
Eragrostis, Euphorbia, Lipochaeta in mesic grassland and shrubland 
ecosystem.
* * * * *
Family Gesneriaceae: Cyrtandra wagneri (HAIWALE)
    Hawaii 3--Cyrtandra wagneri-a and Hawaii 52--Cyrtandra wagneri-b, 
identified in the legal descriptions in paragraph (k) of this section, 
constitute critical habitat for Cyrtandra wagneri on Hawaii Island. In 
units Hawaii 3--Cyrtandra wagneri-a and Hawaii 52--Cyrtandra wagneri-b, 
the physical and biological features of critical habitat in wet forest 
ecosystem are:
    (i) Elevation: Less than 7,218 ft (2,200 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Lamiaceae: Phyllostegia floribunda (no common name)
    Hawaii 3--Phyllostegia floribunda-a, Hawaii 8--Phyllostegia 
floribunda-b, Hawaii 9--Phyllostegia floribunda-c, Hawaii 15--
Phyllostegia floribunda-d-Section 4, Hawaii 15--Phyllostegia 
floribunda-e-Section 5, Hawaii 16--Phyllostegia floribunda-f, Hawaii 
23--Phyllostegia floribunda-g, Hawaii 28--Phyllostegia floribunda-h, 
Hawaii 29--Phyllostegia floribunda-i, Hawaii 30--Phyllostegia 
floribunda-j, Hawaii 37--Phyllostegia floribunda-k, Hawaii 38--
Phyllostegia floribunda-l, Hawaii 39--Phyllostegia floribunda-m, Hawaii 
40--Phyllostegia floribunda-n, Hawaii 41--Phyllostegia floribunda-o, 
Hawaii 42--Phyllostegia floribunda-p, Hawaii 45--Phyllostegia 
floribunda-q, Hawaii 46--Phyllostegia floribunda-r, Hawaii 51--
Phyllostegia floribunda-s, Hawaii 52--Phyllostegia floribunda-t, and 
Hawaii 54--Phyllostegia floribunda-u, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Phyllostegia floribunda on Hawaii Island.
    (i) In units Hawaii 3--Phyllostegia floribunda-a, Hawaii 15--
Phyllostegia floribunda-d-Section 4, Hawaii 15--Phyllostegia 
floribunda-e-Section 5, Hawaii 16--Phyllostegia floribunda-f, Hawaii 
29--Phyllostegia floribunda-i, Hawaii 30--Phyllostegia floribunda-j, 
Hawaii 37--Phyllostegia floribunda-k, Hawaii 38--Phyllostegia 
floribunda-l, Hawaii 39--Phyllostegia floribunda-m, Hawaii 40--
Phyllostegia floribunda-n, Hawaii 41--Phyllostegia floribunda-o, Hawaii 
51--Phyllostegia floribunda-s, and Hawaii 52--Phyllostegia floribunda-
t, the physical and biological features of critical habitat in wet 
forest ecosystem are:
    (A) Elevation: Less than 7,218 ft (2,200 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 8--Phyllostegia floribunda-b, Hawaii 9--
Phyllostegia floribunda-c, Hawaii 23--Phyllostegia floribunda-g, Hawaii 
28--Phyllostegia floribunda-h, Hawaii 45--Phyllostegia floribunda-q, 
Hawaii 46--Phyllostegia floribunda-r, and Hawaii 54--Phyllostegia 
floribunda-u, the physical and biological features of critical habitat 
in wet forest ecosystem are those provided above in paragraphs (i)(A) 
through (F) of this entry, and in wet grassland and shrubland ecosystem 
are:
    (A) Elevation: 656 to 2,953 ft (200 to 900 m).
    (B) Annual precipitation: 98 to 197 in (250 to 500 cm).
    (C) Substrate: Older, weathered soils to younger, rocky substrates.

[[Page 17980]]

    (D) Canopy contains one or more of the following native plant 
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea, 
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis, 
Peperomia, Phyllostegia, Scaevola.
    (iii) In unit Hawaii 42--Phyllostegia floribunda-p, the physical 
and biological features of critical habitat in wet forest ecosystem are 
those provided above in paragraphs (i)(A) through (F) of this entry, 
and in mesic forest ecosystem are:
    (A) Elevation of less than 6,562 ft (2,000 m).
    (B) Annual precipitation of 39 to 150 in (100 to 380 cm).
    (C) Substrate of rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; or gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Lamiaceae: Stenogyne cranwelliae (no common name)
    Hawaii 3--Stenogyne cranwelliae-a, Hawaii 8--Stenogyne cranwelliae-
b, Hawaii 9--Stenogyne cranwelliae-c, Hawaii 15--Stenogyne cranwelliae-
d-Section 4, Hawaii 15--Stenogyne cranwelliae-e-Section 5, Hawaii 16--
Stenogyne cranwelliae-f, Hawaii 24--Stenogyne cranwelliae-g-Section 8, 
Hawaii 24--Stenogyne cranwelliae-h-Section 9, Hawaii 29--Stenogyne 
cranwelliae-i, Hawaii 30--Stenogyne cranwelliae-j, Hawaii 37--Stenogyne 
cranwelliae-k, Hawaii 38--Stenogyne cranwelliae-l, Hawaii 39--Stenogyne 
cranwelliae-m, Hawaii 40--Stenogyne cranwelliae-n, Hawaii 41--Stenogyne 
cranwelliae-o, Hawaii 42--Stenogyne cranwelliae-p, Hawaii 43--Stenogyne 
cranwelliae-q, Hawaii 44--Stenogyne cranwelliae-r, Hawaii 51--Stenogyne 
cranwelliae-s, Hawaii 52--Stenogyne cranwelliae-t, and Hawaii 54--
Stenogyne cranwelliae-u, identified in the legal descriptions in 
paragraph (k) of this section, constitute critical habitat for 
Stenogyne cranwelliae on Hawaii Island. In units Hawaii 3--Stenogyne 
cranwelliae-a, Hawaii 8--Stenogyne cranwelliae-b, Hawaii 9--Stenogyne 
cranwelliae-c, Hawaii 15--Stenogyne cranwelliae-d-Section 4, Hawaii 
15--Stenogyne cranwelliae-e-Section 5, Hawaii 16--Stenogyne 
cranwelliae-f, Hawaii 24--Stenogyne cranwelliae-g-Section 8, Hawaii 
24--Stenogyne cranwelliae-h-Section 9, Hawaii 29--Stenogyne 
cranwelliae-i, Hawaii 30--Stenogyne cranwelliae-j, Hawaii 37--Stenogyne 
cranwelliae-k, Hawaii 38--Stenogyne cranwelliae-l, Hawaii 39--Stenogyne 
cranwelliae-m, Hawaii 40--Stenogyne cranwelliae-n, Hawaii 41--Stenogyne 
cranwelliae-o, Hawaii 42--Stenogyne cranwelliae-p, Hawaii 43--Stenogyne 
cranwelliae-q, Hawaii 44--Stenogyne cranwelliae-r, Hawaii 51--Stenogyne 
cranwelliae-s, Hawaii 52--Stenogyne cranwelliae-t, and Hawaii 54--
Stenogyne cranwelliae-u, the physical and biological features of 
critical habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,218 ft (2,200 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *
Family Pittosporaceae: Pittosporum hawaiiense (HOAWA, HAAWA)
    Hawaii 3--Pittosporum hawaiiense-a, Hawaii 8--Pittosporum 
hawaiiense-b, Hawaii 9--Pittosporum hawaiiense-c, Hawaii 15--
Pittosporum hawaiiense-d-Section 4, Hawaii 15--Pittosporum hawaiiense-
e-Section 5, Hawaii 16--Pittosporum hawaiiense-f, Hawaii 23--
Pittosporum hawaiiense-g, Hawaii 24--Pittosporum hawaiiense-h-Section 
8, Hawaii 24--Pittosporum hawaiiense-i-Section 9, Hawaii 29--
Pittosporum hawaiiense-j, Hawaii 30--Pittosporum hawaiiense-k, Hawaii 
37--Pittosporum hawaiiense-l, Hawaii 38--Pittosporum hawaiiense-m, 
Hawaii 39--Pittosporum hawaiiense-n, Hawaii 40--Pittosporum hawaiiense-
o, Hawaii 41--Pittosporum hawaiiense-p, Hawaii 42--Pittosporum 
hawaiiense-q, Hawaii 43--Pittosporum hawaiiense-r, Hawaii 44--
Pittosporum hawaiiense-s, Hawaii 45--Pittosporum hawaiiense-t, Hawaii 
51--Pittosporum hawaiiense-u, Hawaii 52--Pittosporum hawaiiense-v, and 
Hawaii 54--Pittosporum hawaiiense-w, identified in the legal 
descriptions in paragraph (k) of this section, constitute critical 
habitat for Pittosporum hawaiiense on Hawaii Island.
    (i) In units Hawaii 3--Pittosporum hawaiiense-a, Hawaii 8--
Pittosporum hawaiiense-b, Hawaii 9--Pittosporum hawaiiense-c, Hawaii 
15--Pittosporum hawaiiense-d-Section 4, Hawaii 15--Pittosporum 
hawaiiense-e-Section 5, Hawaii 16--Pittosporum hawaiiense-f, Hawaii 
23--Pittosporum hawaiiense-g, Hawaii 29--Pittosporum hawaiiense-j, 
Hawaii 30--Pittosporum hawaiiense-k, Hawaii 37--Pittosporum hawaiiense-
l, Hawaii 38--Pittosporum hawaiiense-m, Hawaii 39--Pittosporum 
hawaiiense-n, Hawaii 40--Pittosporum hawaiiense-o, Hawaii 41--
Pittosporum hawaiiense-p, Hawaii 45--Pittosporum hawaiiense-t, Hawaii 
51--Pittosporum hawaiiense-u, Hawaii 52--Pittosporum hawaiiense-v, and 
Hawaii 54--Pittosporum hawaiiense-w, the physical and biological 
features of critical habitat in wet forest ecosystem are:
    (A) Elevation: Less than 7,218 ft (2,200 m).
    (B) Annual precipitation: Greater than 98 in (250 cm).
    (C) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (E) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (F) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
    (ii) In units Hawaii 24--Pittosporum hawaiiense-h-Section 8, Hawaii 
24--Pittosporum hawaiiense-i-Section 9, Hawaii 42--Pittosporum 
hawaiiense-q, Hawaii 43--Pittosporum hawaiiense-r, and Hawaii 44--
Pittosporum hawaiiense-s, the physical and

[[Page 17981]]

biological features of critical habitat in wet forest ecosystem are 
those provided above in paragraphs (i)(A) through (F) of this entry, 
and in mesic forest ecosystem are:
    (A) Elevation: Less than 6,562 ft (2,000 m).
    (B) Annual precipitation: 39 to 150 in (100 to 380 cm).
    (C) Substrate: Rocky, shallow, organic muck soils; rocky talus 
soils; shallow soils over weathered rock; deep soils over soft 
weathered rock; gravelly alluvium.
    (D) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, 
Myrsine, Nestegis, Pisonia, Santalum.
    (E) Subcanopy contains one or more of the following native plant 
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, 
Rubus, Sadleria, Sophora.
    (F) Understory contains one or more of the following native plant 
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Rutaceae: Melicope remyi (no common name)
    Hawaii 3--Melicope remyi-a, Hawaii 8--Melicope remyi-b, Hawaii 9--
Melicope remyi-c, Hawaii 52--Melicope remyi-d, and Hawaii 54--Melicope 
remyi-e, identified in the legal descriptions in paragraph (k) of this 
section, constitute critical habitat for Melicope remyi on Hawaii 
Island. In units Hawaii 3--Melicope remyi-a, Hawaii 8--Melicope remyi-
b, Hawaii 9--Melicope remyi-c, Hawaii 52--Melicope remyi-d, and Hawaii 
54--Melicope remyi-e, the physical and biological features of critical 
habitat in wet forest ecosystem are:
    (i) Elevation: Less than 7,218 ft (2,200 m).
    (ii) Annual precipitation: Greater than 98 in (250 cm).
    (iii) Substrate: Very weathered soils to rocky substrate, basaltic 
lava, undeveloped soils, developed soils.
    (iv) Canopy contains one or more of the following native plant 
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, 
Myrsine, Pittosporum, Psychotria.
    (v) Subcanopy contains one or more of the following native plant 
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, 
Vaccinium.
    (vi) Understory contains one or more of the following native plant 
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, 
Peperomia, Stenogyne.
* * * * *

Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-04588 Filed 3-11-24; 8:45 am]
BILLING CODE 4333-15-P