83158 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH08

Endangered and Threatened Wildlife

and Plants; Determinations of Whether

Designation of Critical Habitat Is

Prudent for 20 Plant Species and the

Proposed Designations of Critical

Habitat for 32 Plant Species From the

Island of Molokai, HI

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule and notice of

determinations of whether designation

of critical habitat is prudent.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), have

reconsidered our findings concerning

whether designating critical habitat for

20 federally protected plants from the

island of Molokai, some of which may

also occur on other Hawaiian Islands,

would be prudent. The 20 plants were

listed as endangered or threatened

species under the Endangered Species

Act of 1973, as amended (Act), between

1991 and 1999. At the time each plant

was listed, we determined that

designation of critical habitat was not

prudent because designation would

increase the degree of threat to the

species and/or would not benefit the

plant.

We determine that critical habitat is

prudent for 19 of these species (Bidens

wiebkei, Brighamia rockii, Canavalia

molokaiensis, Clermontia oblongifolia

ssp. brevipes, Cyanea dunbarii, Cyanea

mannii, Cyanea procera, Hibiscus

arnottianus ssp. immaculatus,

Lysimachia maxima, Mariscus fauriei,

Marsilea villosa, Melicope reflexa,

Phyllostegia mannii, Schiedea lydgatei,

Schiedea sarmentosa, Silene alexandri,

Silene lanceolata, Stenogyne bifida, and

Tetramolopium rockii) because the

potential benefits of designating critical

habitat essential for the conservation of

these species outweigh the risks that

may result from human activity because

of critical habitat designation. We

propose that critical habitat designation

is not prudent for one species,

Pritchardia munroi, because it would

likely increase the threat from

vandalism or collection of this species

on Molokai. This proposed rule also

proposes designation of critical habitat

for 17 of these 20 species. Critical

habitat is not proposed for two species,

Lysimachia maxima and Phyllostegia

mannii, that are currently found only in

areas on Molokai that do not require

special management consideration or

protection because they are already

protected and managed to the benefit of

these species. Thus, these areas do not

meet the definition of critical habitat.

For one additional species from

Molokai, Labordia triflora, we

determined that designation of critical

habitat was prudent at the time of its

listing as an endangered species in

1999. Critical habitat designation for

this species is proposed at this time.

In other proposed rules we

determined that critical habitat was

prudent for 19 species that occur on

Molokai as well as on Kauai, Niihau,

Maui, Kahoolawe, and/or Lanai. The

determinations were included in

proposed rules for Kauai and Niihau,

published on November 7, 2000, for

Maui and Kahoolawe, published on

December 18, 2000, or for Lanai,

published on December 27, 2000. These

species are: Adenophorous periens,

Alectryon macrococcus, Centarium

sebaeoides, Ctenitis squamigera, Cyanea

grimesiana ssp. grimesiana, Diellia

erecta, Hedyotis mannii,

Hesperomannia arborescens,

Ischaemum byrone, Melicope

mucronulata, Neraudia sericea,

Peucedanum sandwicense, Plantago

princeps, Platanthera holochila,

Schiedea nuttallii, Sesbania tomentosa,

Spermolepis hawaiiensis, Vigna owahuensis, and Zanthoxylum

hawaiiense. Critical habitat designations

for 14 of the 19 species on Molokai are

proposed at this time. Critical habitat is

not proposed for five of these species

(Adenophorus periens, Hedyotis

mannii, Plantago princeps,

Plantanthera holochila, and Schiedea

nuttallii) that currently are found in

areas on Molokai that do not require

special management or protection

because they are already protected and

managed to the benefit of these species.

Thus, these areas do not meet the

definition of critical habitat.

Critical habitat designations for 32

species within 28 critical habitat units

on the Hawaiian island of Molokai are

proposed at this time.

We solicit data and comments from

the public on all aspects of this

proposal, including data on the

economic and other impacts of the

proposed designations. We may revise

this proposal to incorporate or address

new information received during the

comment period.

DATES: We must receive comments from

all interested parties by February 27,

2001. Public hearing requests must be

received by February 12, 2001.

ADDRESSES: If you wish to comment,

you may submit your comments and

materials concerning this proposal by

any one of several methods:

You may submit written comments

and information to the Field Supervisor,

U.S. Fish and Wildlife Service, Pacific

Islands Office, 300 Ala Moana Blvd.,

P.O. Box 50088, Honolulu, HI 96850–

0001.

You may send comments by

electronic mail (e-mail) to

mo crithab pr@fws.gov. Please

submit comments in ASCII file format

and avoid the use of special characters

and encryption. Please include ‘‘Attn:

1018–AH08’’ and your name and return

address in your e-mail message. If you

do not receive a confirmation from the

system that we have received your email message, contact us directly by

calling our Pacific Islands Office at

phone number 808/541–3441. Please

note that the e-mail address

(mo crithab pr@fws.gov) will be

closed out at the termination of the

public comment period.

You may hand-deliver written

comments to our Pacific Islands Office

at 300 Ala Moana Blvd., Room 3–122,

Honolulu, HI.

Comments and materials received, as

well as supporting documentation used

in the preparation of this proposed rule

will be available for public inspection,

by appointment, during normal business

hours at the Pacific Islands Office.

FOR FURTHER INFORMATION CONTACT: Paul

Henson, Field Supervisor, Pacific

Islands Office (see ADDRESSES section)

(telephone: 808/541–3441; facsimile:

808/541–3470).

SUPPLEMENTARY INFORMATION:

Background

We, the U.S. Fish and Wildlife

Service (Service), have reconsidered our

findings concerning whether

designating critical habitat for 20

federally protected plants from the

island of Molokai is prudent. Currently,

15 of these species (Bidens wiebkei,

Canavalia molokaiensis, Clermontia

oblongifolia ssp. brevipes, Cyanea

dunbarii, Cyanea mannii, Cyanea

procera, Hibiscus arnottianus ssp.

immaculatus, Lysimachia maxima,

Melicope reflexa, Pritchardia munroi,

Schiedea lydgatei, Schiedea

sarmentosa, Silene alexandri, Stenogyne

bifida, and Tetramolopium rockii) are

endemic to the island of Molokai while

three species (Mariscus fauriei, Marsilea

villosa, and Silene lanceolata) are

known from Molokai as well as one or

more other islands. One species,

Brighamia rockii, was known from

Lanai, Maui, and Molokai but currently

is extant only on Molokai. Another

species, Phyllostegia mannii, was

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83159

known from Maui and Molokai but

currently is extant only on Molokai

(Table 1).

Prudency determinations for 19 other

species (Adenophorous periens,

Alectryon macrococcus, Centarium

sebaeoides, Ctenitis squamigera, Cyanea

grimesiana ssp. grimesiana, Diellia

erecta, Hedyotis mannii,

Hesperomannia arborescens,

Ischaemum byrone, Melicope

mucronulata, Neraudia sericea,

Peucedanum sandwicense, Plantago

princeps, Platanthera holochila,

Schiedea nuttallii, Sesbania tomentosa,

Spermolepis hawaiiensis, Vigna owahuensis, and Zanthoxylum

hawaiiense) which also occur on the

islands of Kauai, Maui and/or Lanai

were published in proposed rules on

November 7, 2000 (Kauai and Niihau,

65 FR 66808), on December 18, 2000

(Maui and Kahoolawe, 65 FR 79192), or

on December 27, 2000 (Lanai). Critical

habitat designations for 14 of these 19

species on Molokai are proposed at this

time. Critical habitat is not proposed for

five species (Adenophorous periens,

Hedyotis mannii, Plantago princeps,

Platanthera holochila, and Schiedea

nuttallii) that currently are found only

in areas on Molokai that are protected

and managed for the benefit of these

species.

In addition, for one species in this

proposed rule, Labordia triflora, we

determined that designation of critical

habitat was prudent at the time of its

listing as an endangered species in

1999. Critical habitat designation for

this species on Molokai is proposed at

this time.

TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF 49 SPECIES ON MOLOKAI

Species

Island Distribution

Kauai Oahu Molokai Lanai Maui Hawaii

N.W. Isles,

Kahoolawe

Niihau

Adenophorus periens (pendant kihi fern) .................................. CHCRRC

Alectryon macrococcus (mahoe) ............................................... C C C .............. C ..............

Bidens wiebkei (ko oko olau) .................................................... .............. .............. C .............. .............. ..............

Bonamia menziesii (No common name) ................................... CCHCCC

Brighamia rockii (pua ala) ......................................................... .............. .............. C H H ..............

Canavalia molokaiensis (awikiwiki) ........................................... .............. .............. C .............. .............. ..............

Centaurium sebaeoides (awiwi) ................................................ CCCCC ..............

Clermontia oblongifolia ssp. brevipes (oha wai) ....................... .............. .............. C .............. .............. ..............

Ctenitis squamigera (pauoa) ..................................................... HCCCCH

Cyanea dunbarii (haha) ............................................................. .............. .............. C .............. .............. ..............

Cyanea grimesiana ssp. grimesiana (haha) ............................. .............. CCCC ..............

Cyanea mannii (haha) ............................................................... .............. .............. C .............. .............. ..............

Cyanea procera (haha) ............................................................. .............. .............. C .............. .............. ..............

Cyperus trachysanthos (pu ukaa) ............................................. CCHH .............. .............. Ni (C)

Diellia erecta (No common name) ............................................ HHCHCC

Eugenia Koolauensis (nioi) ........................................................ .............. C H .............. .............. ..............

Flueggea neowawraea (mehamehame) .................................... C C H .............. C C

Hedyotis mannii (pilo) ................................................................ .............. .............. C C C ..............

Hesperomannia arborescens (No common name) ................... .............. CCHC ..............

Hibiscus arnottianus ssp. immaculatus (kokio ke okeo) ........... .............. .............. C .............. .............. ..............

Hibiscus brackenridgei (mao hau hele) ..................................... H C H C C C Ka (R)

Ischaemum byrone (Hilo ischaemum) ....................................... R H C .............. C C

Isodendrion pyrifolium (wahine noho kula) ............................... .............. H H H H C Ni (H)

Labordia triflora (Kamakahala) .................................................. .............. .............. C .............. .............. ..............

Lysimachia maxima (No common name) .................................. .............. .............. C .............. .............. ..............

Mariscus faurei (No common name) ......................................... .............. .............. C H .............. C

Marsilea villosa (ini ihi) .............................................................. .............. C C .............. .............. .............. Ni (H)

Melicope mucronulata (alani) .................................................... .............. .............. C .............. C ..............

Melicope reflexa (alani) ............................................................. .............. .............. C .............. .............. ..............

Neraudia sericea (No common name) ...................................... .............. .............. C H C .............. Ka (H)

Peucedanum sandwicense (makou) ......................................... C C C .............. C ..............

Phyllostegia mannii (No common name) .................................. .............. .............. C .............. H ..............

Phyllostegia mollis (No common name) .................................... .............. C H .............. C ..............

Plantago princeps (ale) ............................................................. C C C .............. C H

Platanthera holochila (No common name) ................................ C H C .............. C ..............

Pritchardia munroi (loulu) .......................................................... .............. .............. C .............. .............. ..............

Pteris lidgatei (No common name) ............................................ .............. C H .............. C ..............

Schiedea lydgatei (No common name) ..................................... .............. .............. C .............. .............. ..............

Schiedea nuttallii (No common name) ...................................... C C C .............. R ..............

Schiedea sarmentosa (No common name) .............................. .............. .............. C .............. .............. ..............

Sesbania tomentosa (ohai) ....................................................... C C C H C C Ni (H), Ka

(C), NW

Isles (C)

Silena alexandri (No common name) ........................................ .............. .............. C .............. .............. ..............

Silene lanceolata (No common name) ...................................... HCCH .............. C

Solanum incompletum (popolo ku mai) ..................................... H .............. HHHC

Spermolepis hawaiiensis (No common name) .......................... CCCCCC

Stenogyne bifida (No common name) ...................................... .............. .............. C .............. .............. ..............

Tetramolopium rockii (No common name) ................................ .............. .............. C .............. .............. ..............

Vigna o-wahuensis (No common name) ................................... .............. H C C C C Ni (H), Ka (C)

Zanthoxylum hawaiiense (a e) .................................................. C .............. CHCC

83160 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Key:

C (Current)—population last observed within the past 30 years.

H (Historical)—population not seen for more than 30 years.

R (Reported)—reported from undocumented observations.

An additional nine species are known

on Molokai only from historical records

(pre-1970) or from undocumented

observations. Prudency determinations

and proposed critical habitat

designations or non-designations for

these species which still occur on other

islands are/will be included in the

proposed rules for the islands on which

they currently occur (Table 2). The 40 plants at issue in this

proposed rule were listed as endangered

or threatened species under the

Endangered Species Act of 1973, as

amended (Act), between 1991 and 1999.

At the time 39 of these plants were

listed, we determined that designation

of critical habitat was not prudent

because designation would increase the

degree of threat to the species and/or

would not benefit the plant. These are

not prudent determinations, along with

206 others, were challenged in

Conservation Council for Hawaii v.

Babbitt. On March 9, 1998, the United

States District Court for the District of

Hawaii directed us to review the

prudency determinations for 245 listed

plant species in Hawaii, including 39 of

these species (2 F. Supp. 2d 1280). On

August 10, 1998, the court ordered us to

publish proposed critical habitat

designations or non-designations for at

least 100 species by November 30, 2000,

and to publish proposed designations or

non-designations for the remaining 145

species by April 30, 2002 (24 F. Supp.

2d 1074).

TABLE 2.—LIST OF PROPOSED RULES IN WHICH PRUDENCY DETERMINATIONS AND CRITICAL HABITAT DESIGNATIONS WILL

BE MADE FOR NINE SPECIES THAT NO LONGER OCCUR ON MOLOKAI

Species Proposed rule in which prudency will be determined

Proposed rules in which critical habitat designations will be proposed

Bonamia menziesii ............................................. Kauai and Niihau (65 FR 66808) ..................... Kauai and Niihau (65 FR 66808); Maui and

Kahoolawe (65 FR 79192); Lanai; Hawaii;

Oahu.

Cyperus trachysanthos ....................................... Kauai and Niihau (65 FR 66808) ..................... Kauai and Niihau (65 FR 66808); Oahu.

Eugenia koolauensis .......................................... Oahu ................................................................ Oahu.

Flueggea neowawraea ....................................... Kauai and Niihau (65 FR 66808) ..................... Kauai and Niihau (65 FR 66808); Maui and

Kahoolawe (65 FR 79192); Hawaii; Oahu.

Hibiscus brackenridgei ....................................... Maui and Kahoolawe (65 FR 79192) .............. Maui and Kahoolawe (65 FR 79192); Lanai;

Hawaii; Oahu.

Isodendrion pyrifolium ........................................ Hawaii .............................................................. Hawaii.

Phyllostegia mollis .............................................. Maui and Kahoolawe (65 FR 79192) .............. Maui and Kahoolawe (65 FR 79192); Oahu.

Pteris lidgatei ...................................................... Oahu ................................................................ Oahu.

Solanum incompletum ........................................ Hawaii .............................................................. Hawaii.

We determined that designation of

critical habitat was prudent for Labordia

triflora at the time it was listed and

stated in the final listing rule that we

would develop a critical habitat

designation for this taxon, along with

nine others from Maui, Molokai, Lanai,

or Kahoolawe (the Maui Nui species) at

the same time we developed the

designations for the 245 Hawaiian plant

species. In Conservation Council for

Hawaii v. Babbitt, Civ. No. 99–00283

HG (D. Haw. Aug. 19, 1999, Feb. 16,

2000, and March 28, 2000), the United

States District Court for the District of

Hawaii ordered us to publish proposed

critical habitat designations for these ten

Maui Nui species by November 30,

2000, and to publish final critical

habitat designations by November 30,

2001. This prudency determination and

proposed rule designating critical

habitat for 32 plants from the island of

Molokai respond to these court orders.

We propose that critical habitat is

prudent for 19 species (Bidens wiebkei,

Brighamia rockii, Canavalia

molokaiensis, Clermontia oblongifolia

ssp. brevipes, Cyanea dunbarii, Cyanea

mannii, Cyanea procera, Hibiscus

arnottianus ssp. immaculatus,

Lysimachia maxima, Mariscus fauriei,

Marsilea villosa, Melicope reflexa,

Phyllostegia mannii, Schiedea lydgatei,

Schiedea sarmentosa, Silene alexandri,

Silene lanceolata, Stenogyne bifida,

Tetramolopium rockii) because the

potential benefits of designating critical

habitat essential for the conservation of

these species outweigh the risks of

designation as a result of human

activity. We propose that critical habitat

designation is not prudent for one

species, Pritchardia munroi, because it

would likely increase the threat from

vandalism or collection of this species

on Molokai.

Critical habitat is proposed for

designation within 28 critical habitat

units on the island of Molokai. The land

area within these units totals 6,165

hectares (ha) (15,230 acres (ac)). If this

proposal is made final, section 7 of the

Act would prohibit destruction or

adverse modification of critical habitat

through any activity funded, authorized,

or carried out by any Federal agency.

Section 4 of the Act requires us to

consider economic and other impacts of

specifying any particular area as critical

habitat.

The Island of Molokai

The island of Molokai, the fifth largest

in the Hawaiian Islands chain, is

approximately 61 kilometers (km) (38

miles (mi)) long, up to 17 km (10 mi)

wide, and encompasses an area of about

688 sq km (266 sq mi) (57 FR 46325).

Three shield volcanoes make up most of

the land mass of Molokai: West Molokai

Mountain, East Molokai Mountain, and

a volcano that formed Kalaupapa

Peninsula (57 FR 46325).

The taller and larger East Molokai

Mountain rises 1,813 meters (m) (4,970

feet (ft)) above sea level and comprises

roughly 50 percent of the island’s area

(57 FR 46325). Topographically, the

windward side of East Molokai differs

from the leeward side. Precipitous cliffs

line the northern windward coast and

deep inaccessible valleys dissect the

coastal area. The annual rainfall on the

windward side is 200 to over 375

centimeters (cm) (75 to over 150 inches

(in)), distributed throughout the year.

The soils are poorly drained and high in

organic matter. The gulches and valleys

are usually very steep, but sometimes

gently sloping (57 FR 46325). Much of

the native vegetation on the northern

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83161

part of East Molokai is intact because of

its relative inaccessibility to humans

and animals, although destructive

ungulates have begun to enter the

coastline in recent years (57 FR 46325).

Discussion of the Plant Taxa

Species Endemic to Molokai

Bidens wiebkei (ko oko olau)

Bidens wiebkei, a member of the aster

family (Asteraceae), is a short-lived

perennial herb which is somewhat

woody at the base and grows from 0.5

to 1 m (1.6 to 3.3 ft) tall with opposite,

pinnately compound leaves. This plant

is distinguished from other Bidens

species which grow on Molokai by its

erect habit and the curved or twisted,

winged achenes (57 FR 46325; Ganders

and Nagata 1999).

This species was observed in flower

during May (Hawaii Natural Heritage

Program (HINHP) database 2000). No

additional life history information is

currently available (United States Fish

and Wildlife Service (USFWS) 1996a).

Historically Bidens wiebkei was

known from Pelekunu and the

easternmost section of Molokai at

Halawa (HINHP Database 2000). It is

found currently in Halawaiki Gulch,

Lamaloa Gulch, and below Puu

Kolekole on State and privately owned

lands (Geographic Decision Systems

International (GDSI) 2000; HINHP

Database 2000). There are a total of three

populations containing more than 200

individuals (HINHP Database 2000).

The currently known populations of

Bidens wiebkei are scattered along steep,

exposed slopes in Metrosideros

polymorpha (ohia) dominated mesic

shrublands and dry or mesic

Metrosideros polymorpha-Styphelia

tameiameiae (pukiawe) lowland

shrubland between 250 and 1,050 m

(820 to 3,450 ft) in elevation, extending

over a distance of 4 by 1.6 km (2.5 by

1 mi) (Gagne and Cuddihy 1999; HINHP

Database 2000; Ganders and Nagata

1999). Other associated plant species

include Antidesma sp. (hame), Dodonea

viscosa (aalii), Canthium odoratum

(alahee), Lysimachia sp. (kolokolo

kuahiwi), Nestegis sandwicensis

(olopua), Phyllanthus sandwicensis

(pamakani-mahu), Pisonia sp. (papala

kepau), and Scaevola gaudichaudii

(naupaka kuahiwi) (HINHP Database

2000).

The major threats to Bidens wiebkei

on Molokai, include habitat degradation

and possible predation by deer (Axis

axis) and feral goats (Capra hircus);

competition with non-native plants,

such as Melinus minutiflora (molasses

grass) and Schinus terebinthifolius

(Christmas berry); fire; and damage by

humans of those plants found along

trails (HINHP Database 2000; 57 FR

46325).

Canavalia molokaiensis (awikiwiki)

Canavalia molokaiensis, a member of

the legume family (Fabaceae), is a shortlived perennial climbing herb with

twining branches with leaves made up

of three lance-shaped or sometimes oval

leaflets. The only species of this genus

found on Molokai, this plant can be

distinguished from others in the genus

by its narrower leaflets and its larger,

rose-purple flowers (57 FR 46325;

Wagner and Herbst 1999).

This species has been observed in

flower during May and December

(HINHP Database 2000). Fruits and

flowers were observed in March (HINHP

Database 2000). No additional life

history information is currently

available (USFWS 1996a).

Historically, Canavalia molokaiensis

was known from East Molokai at

Kalaupapa, Pelekunu, and farther south

in Kahuaawi Gulch, and the region of

Manawai (HINHP Database 2000). It

now has a more restricted range, from

Kalaupapa to Waialeia, Kaunakakai,

Pelekunu, and Kamakou (HINHP

Database 2000). There are a total of

seven populations containing more than

50 plants on State lands, including

lands managed by the National Park

Service at Kalaupapa National Historical

Park, and privately owned lands (GDSI

2000; HINHP Database 2000).

Canavalia molokaiensis typically

grows in exposed sites, both dry and

mesic, on steep slopes in Metrosideros

polymorpha-Dodonea viscosa lowland

shrubland and mesic shrublands

between 10 and 900 m (30 to 3,060 ft)

in elevation (HINHP Database 2000).

Associated plant species include

Artemesia sp. (hinahina), Chamaesyce

sp. (akoko), Coprosma sp. (pilo),

Styphelia tameiameiae, and

Wikstroemia sp. (akia) (HINHP Database

2000).

The threats to this species on Molokai

include habitat degradation by feral

ungulates such as goats and pigs (Sus

scrofa), possible predation by feral

goats, and competition with non-native

plants, such as Melinis minutiflora

(USFWS 1996a).

Clermonita oblongifolia ssp. brevipes

(oha wai)

Clermontia oblongifolia ssp. brevipes,

a member of the bellflower family

(Campanulaceae), is a short-lived

perennial shrub or tree which reaches a

height of 2 to 7 m (6.6 to 23 ft). This

species is distinguished from others in

the genus by the structure of its calyx

and corolla as well as by the lengths of

the flower, the floral lobes, and the

green hypanthium. This subspecies

differs from others of the species by the

shape and length of its leaves, leaf

stalks, and flower stalks (Lammers 1988,

1999).

No life history information for this

species is currently available (USFWS

1996a).

Clermontia oblongifolia ssp. brevipes

is known from a single population of

five individuals on the privately owned

land of the Nature Conservancy of

Hawaii’s (TNCH) Kamakou Preserve

(HINHP Database 2000; USFWS 1996a;

Joel Lau, HINHP, in litt. 2000). The

historical range of this subspecies is not

known (USFWS 1996a).

Clermontia oblongifolia ssp. brevipes

occurs in shallow soil on gulch slopes

in the wet Metrosideros polymorphadominated forest at an elevation

between 1,100 and 1,200 m (3,500 and

4,320 ft) (HINHP Database 2000; J. Lau,

in litt. 2000). Associated plant species

include Cheirodendron trigynum

(olapa), Cibotium spp. (hapuu),

Broussaisia argutus (kanawao), Hedyotis

terminalis (manono), and Melicope sp.

(alani) (J. Lau, in litt. 2000).

The threats to this species on Molokai

are habitat degradation by feral pigs;

possible predation on the fruit or plant

parts by rats (Rattus rattus), as evidence

on related species suggests (USFWS

1996a; 57 FR 46325); and random

naturally occurring events that may

cause the extinction of the entire taxon

due to its single population and very

low number of individuals.

Cyanea dunbarii (haha)

Cyanea dunbarii, a member of the

bellflower family (Campanulaceae), is a

short-lived perennial, branched shrub

1.5 to 2 m (4.9 to 6.6 ft) tall with oval

to broadly elliptic leaves that have

irregularly lobed or cleft margins. This

species is distinguished from others in

this endemic Hawaiian genus by the

lack of prickles on the stems and the

irregularly lobed and cleft leaf margins

(Lammers 1999).

Cyanea dunbarii was observed in

flower, with immature fruit, in

September (HINHP Database 2000). No

additional life history information is

currently available (USFWS 1998a).

Cyanea dunbarii was collected in

1918 at Waihanau and Waialae Valleys,

and was not observed again until 1992,

when Joel Lau of the Hawaii Natural

Heritage Program found it in Mokomoko

Gulch on State owned land within

Molokai Forest Reserve (GDSI 2000;

HINHP Database 2000; 61 FR 53130;

Ken Wood, National Tropical Botanical

Garden (NTBG), in litt. 2000). Currently,

it is known from a single population of

83162 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

approximately 30 mature plants at an

elevation of 671 m (2,200 ft) (HINHP

Database 2000; K. Wood, in litt. 2000).

Cyanea dunbarii occurs on a

streambank in a mesic to wet

Dicranopteris linearis (uluhe)-

Metrosideros polymorpha lowland

forest on moderate to steep slopes

(HINHP Database 2000). Associated

species include Diplazium

sandwicianum (hoio), Charpentiera

obovata (papala), Perrottetia

sandwicensis (olomea), Pipturus albidus

(mamaki), Clermontia kakeana

(ohawai), Cheirodendron trigynum, and

Freycinetia arborea (ieie) (USFWS

1998a).

The major threats to this single

population of Cyanea dunbarii on

Molokai are competition with the nonnative plants Buddleia asiatica

(butterfly bush), Erigeron karvinskianus

(daisy fleabane), Rubus rosifolius

(thimbleberry), Commelina diffusa

(honohono), Hedychium gardnerianum

(ginger), and Kalanchoe pinnata (air

plant); and catastrophic extinction by

naturally occurring events such as

landslides or flooding, and/or reduced

reproductive vigor due to the small

number of individuals in the only

known population. In addition,

predation by rats is a potential threat

since rats are known to be in the area

and are known to eat stems and fruits

of other species of Cyanea; habitat

degradation and predation by axis deer

and pigs are other potential threats to

this species, because both of these

species are known to occur in areas

adjacent to the only known population

(USFWS 1998a; Cuddihy and Stone

1990).

Cyanea mannii (haha)

Cyanea mannii, a member of the

bellflower family (Campanulaceae), is a

branched short-lived perennial shrub

1.5 to 3 m (5 to 10 ft) tall with narrowly

elliptic or lance-shaped leaves. This

species is distinguished from the seven

other species of the genus on Molokai

by a combination of the following

characters: a branched, woody habit;

leaves with small, hardened, marginal

teeth; and a purplish corolla (Lammers

1999; 57 FR 46325).

Cyanea mannii has been observed in

flower during July (HINHP Database

2000). No additional life history

information is currently available

(USFWS 1996a).

Historically, Cyanea mannii was

known only from Kalae on East Molokai

(HINHP Database 2000). In 1984, a

single plant was discovered by Joan

Aidem on privately owned land west of

Puu Kolekole on East Molokai (HINHP

Database 2000; Lammers 1999; USFWS

1996a). Since then, eight additional

populations have been discovered in the

east and west forks of Kawela Gulch on

the privately owned land of TNCH’s

Kamakou Preserve on East Molokai and

within the State’s Molokai Forest

Reserve (K. Wood, in litt. 2000; HINHP

Database 2000). These nine populations

contain approximately 200 individuals

on State and privately owned lands

(GDSI 2000; HINHP Database 2000; K.

Wood, in litt. 2000).

This species typically grows on the

sides of deep gulches in Metrosideros

polymorpha dominated montane mesic

forest at elevations between 559 and

1,220 m (1,900 to 4,000 ft) (HINHP

Database 2000; Lammers 1999; USFWS

1996a). Associated plant species include

Wiskstroemia sp., Dicranopteris linearis,

and Vaccinium sp. (ohelo) (USFWS

1996a).

Threats to Cyanea mannii on Molokai

are habitat degradation by feral pigs;

predation by rats who may feed on the

fruit or other parts of the plant, as

suggested by evidence from related

species; catastrophic extinction through

naturally occurring events that this

species is vulnerable to due to its few

populations and small number of

individuals (USFWS 1996a).

Cyanea procera (haha)

Cyanea procera, a member of the

bellflower family (Campanulaceae), is a

palm-like short-lived perennial tree 3 to

9 m (10 to 30 ft) tall with stalkless,

lance-shaped leaves 60 to 75 cm (24 to

30 in) long and 10 to 17 cm (3.9 to 6.7

in) wide with tiny hardened teeth along

the margins. This species can be

distinguished from other species of the

genus by its growth habit, its sessile

leaves, and the single-lipped appearance

of the corolla (Lammers 1999; 57 FR

46325).

No life history information is

currently available for this species

(USFWS 1996a).

Historically, Cyanea procera was

known only from an unspecified site in

the Kamalo region of East Molokai

(HINHP Database 2000). Currently, this

species is found on the privately owned

lands of Kamakou Preserve and the

State’s Puu Alii Natural Area Reserve

(NAR) in a total of five populations

containing at least 10 individuals (GDSI

2000; HINHP Database 2000).

Cyanea procera is found on the walls

of steep gulches in wet Metrosideros

polymorpha dominated lowland mixed

forest between 935 and 1,073 m (3,180

to 3,650 ft) elevation (HINHP Database

2000). Associated plant species include

various species of Asplenium,

Brousaissia arguta, Coprosma ochracea

(pilo), Cyanea spp. (haha), Cyrtandra

macrocalyx (haiwale), Dicranopteris

linearis, Pipturus albidus, Pisonia spp.,

Scaevola procera (naupaka kuahiwi),

and Touchardia latifolia (olona)

(USFWS 1996a).

Threats to Cyanea procera on Molokai

are predation by feral rats (as suggested

by evidence on related species) and

goats; habitat degradation by feral goats

and pigs; habitat destruction through

erosion; catastrophic extinction from

naturally occurring events due to the

vulnerability of a few populations with

a small number of individuals (57 FR

46325).

Hibiscus arnottianus ssp. immaculatus

(kokio ke okeo)

Hibiscus arnottianus ssp.

immaculatus, a member of the hibiscus

family (Malvaceae), is a long-lived

perennial tree up to 3 m (10 ft) tall with

alternate, oval, toothed leaves

measuring 5 to 7 cm (2 to 2.8 in) long

and 4 to 6.5 cm (1.6 to 2.6 in) wide. This

subspecies is distinguished from other

native Hawaiian members of the genus

by its white petals and white staminal

column (Bates 1999; 57 FR 46325).

This taxon was observed in flower

during July (HINHP Database 2000).

Currently, no additional life history

information is available for this species

(USFWS 1996a).

Hibiscus arnottianus ssp.

immaculatus once ranged from

Waihanau Valley east to Papalaua

Valley on East Molokai (HINHP

Database 2000). Currently this taxon is

found only west of Papalaua Valley on

privately owned land and in the State’s

Olokui NAR above Waiehu (GDSI 2000;

HINHP Database 2000). There are a total

of two populations containing between

20 and 30 individuals (HINHP Database

2000).

Hibiscus arnottianus ssp.

immaculatus individuals are scattered

along steep sea cliffs in mesic forests

between 15 and 480 m (50 and 1,600 ft)

in elevation (Bates 1999; HINHP

Database 2000). Associated native plant

species include Athyrium spp. (akolea),

Canthium odoratum, Cyanea

grimesiana (haha), Antidesma

platyphyllum (hame), Boehmeria

grandis (akolea), Diospyros

sandwicensis (lama), Pipturis spp.

(mamaki), Urera glabra (opuhe), and

Metrosideros polymorpha (HINHP

Database 2000).

The major threats to Hibiscus

arnottianus spp. immaculatus on

Molokai are habitat destruction by feral

goats and catastrophic extinction by

naturally occurring events due to the

vulnerability of the two remaining

populations and few individuals

(USFWS 1996a).

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83163

Labordia triflora (kamakahala)

Labordia triflora, a short-lived

perennial member of the logan family

(Loganiaceae), is very similar to

Labordia tinifolia var. lanaiensis, except

in the following characteristics: the

stems of L. triflora are climbing; the leaf

stalks are only 1 to 3 millimeters (mm)

(0.04 to 0.1 in.) long; inflorescence

stalks are 40 to 50 mm (1.6 to 2 in.) long;

and, each flower stalk is 10 to 25 mm

(0.4 to 1 in.) long (Motley 1995).

The flowers of this species are

functionally unisexual (Motley 1995;

HINHP Database 2000). No additional

life history information is available at

this time.

Until 1990, Labordia triflora was

known only from the type collection at

Mapulehu, on the island of Molokai

(Motley 1995) and was believed to be

extinct. In 1990, Joel Lau rediscovered

the species in Kua Gulch on Molokai

(HINHP Database 2000; Motley 1995).

Currently, only 10 individuals are

known from privately owned land

(GDSI 2000; HINHP Database 2000).

This species occurs in mixed lowland

mesic forest, at an elevation of ca. 800

m (2,600 ft). Associated species include

Pouteria sandwicensis (alaa), the

federally endangered Cyanea mannii

(haha), and Tetraplasandra spp. (ohe

ohe) (Motley 1995).

The threats to Labordia triflora

include habitat degradation and

destruction by feral pigs and goats;

predation by rats that eat seeds;

competition with the non-native plant

species Schinus terebinthifolius (Motley

1995); catastrophic extinction through

environmental events and reduced

reproductive vigor due to the species’

few populations and small number of

individuals (64 FR 48307).

Lysimachia maxima (no common name)

Lysimachia maxima, a member of the

primrose family (Primulaceae), is a

sprawling short-lived perennial shrub

with reddish brown bark. This species

is differentiated from others in this

genus by the leaves borne in groups of

three, the broadest portion of the leaf

above the middle, and rusty hairs that

disappear with maturity (Wagner et al.

1999).

Flowers, buds and immature fruit of

Lysimachia maxima have been observed

in late May through July (USFWS

1998a). No other life history information

is available for this species (61 FR

53130).

Lysimachia maxima is only known

from a single population containing

between 45 and 50 individuals on the

rim of Pelekunu Valley near Ohialele,

on the privately owned land of TNCH’s

Pelekunu Preserve (GDSI 2000; HINHP

Database 2000).

This species occurs in Metrosideros

polymorpha-Dicranopteris linearis

montane wet forest at an elevation of

975 m (3,200 ft). Associated species

include Psychotria sp. (kopiko),

Vaccinium sp., Hedyotis sp. (No

common name), Dubautia sp. (na ena e),

and Ilex anomala (aiae) (HINHP

Database 2000).

The major threats to Lysimachia

maxima are catastrophic extinction

from random environmental events (e.g.,

landslides); reduced reproductive vigor

due to the small number of individuals

in the only known population (USFWS

1998a); habitat degradation and/or

predation by feral pigs and goats that are

known from adjacent areas (USFWS

1998a).

Melicope reflexa (alani)

Melicope reflexa, a long-lived

perennial of the citrus family

(Rutaceae), is a sprawling shrub 1 to 3

m (3.3 to 10 ft) tall with short,

yellowish-brown, short-lived hairs on

new growth. Opposite leaves with leaf

stalks usually over 1 cm (0.4 in) long,

larger leaves and fruit, and partially

fused sections of capsule separate it

from other species of the genus (Stone

et al. 1999).

Currently, no life history information

is available for this species (USFWS

1996a).

Historically, Melicope reflexa

occurred from a ridge between

Hanalilolilo and Pepeopae in Kamakou

Preserve to as far east as Halawa on East

Molokai (HINHP Database 2000). The

three remaining populations of fewer

than a total of 1,000 individuals are on

State and private lands in Honomuni,

the Wailau-Mapulehu summit area, and

Kukuinui Ridge in Wailau Valley (GDSI

2000; HINHP Database 2000).

Melicope reflexa typically grows in

wet Metrosideros polymorpha

dominated forest with native trees such

as Cheirodendron sp. (olapa) at

elevations between 760 and 1,190 m

(2,490 and 3,900 ft) (Stone et al. 1999).

Major threats to Melicope reflexa

include habitat degradation and

predation by ungulates (axis deer and

feral pigs); competition with the nonnative plant Clidemia hirta (Koster’s

curse); catastrophic extinction from

environmental events due to species’

few populations and small number of

individuals (57 FR 46325; USFWS

1996a).

Pritchardia munroi (loulu)

Pritchardia munroi, a member of the

palm family (Arecaceae), is a perennial

tree about 4 to 5 m (13 to 16 ft) tall. The

leaves and petioles have scattered,

mostly deciduous scales and hairs,

somewhat larger on the lower leaf ribs.

The leaves are deeply divided into

segments which have long, drooping

tips. Numerous bisexual or functionally

male flowers are arranged in clusters on

hairy, branching stalks which originate

at the leaf bases. The mature fruit is

shiny, black, and nearly spherical. This

species is distinguished from others of

the genus by its relatively smooth

leaves; the grayish-brown hair on the

inflorescence stalks, which are shorter

than the petioles; and the small size of

the fruits (Read and Hodel 1999).

Currently, no life history information

is available for this species (USFWS

1996a).

Historically and currently Pritchardia

munroi is found in leeward East

Molokai, above Kamalo, near

Kapuaokoolau Gulch (HINHP Database

2000, Read and Hodel 1999). The only

known wild individual is found on

privately owned land (HINHP Database

2000).

The only known wild individual

grows near the base of a small ravine in

remnant dry to mesic forest at an

elevation of about 610 m (2,000 ft) (Read

and Hodel 1999). Associated plant

species include Dodonaea viscosa,

Metrosideros polymorpha, Styphelia

tameiameiae, and Pleomele aurea (hala

pepe) (HINHP Database 2000).

Threats to the only known wild

individual of Pritchardia munroi

include habitat degradation by

ungulates (axis deer, goats, and pigs)

around its fenced exclosure prevent the

establishment of seedlings; predation of

seeds by rats; catastrophic extinction by

random environmental events (e.g., fire)

due to its extreme rarity (57 FR 46325;

USFWS 1996a).

Schiedea lydgatei (no common name)

Schiedea lydgatei, a member of the

pink family (Caryophyllaceae), is a low,

hairless perennial plant with branched

stems 10 to 40 cm (4 to 16 in) long

which are woody at the base. The

opposite, three-veined leaves are

elliptic. Bisexual flowers are arranged in

loosely spreading clusters. The capsules

open when mature to reveal dark

reddish-brown seeds. The opposite,

thin, three-veined leaves with petioles

and the smooth, open flower clusters

with relatively larger, green sepals

separate this species from other

members of this endemic Hawaiian

genus (Wagner et al. 1999).

This species was observed with

flowers and fruit in June (HINHP

Database 2000). Currently, no additional

life history information is available

(USFWS 1996a).

83164 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Historically, Schiedea lydgatei was

found in Kalae, Poholua, Makolelau,

and Ohia Gulch on East Molokai

(HINHP Database 2000). This species is

now known from two scattered

populations in a more restricted area in

Makakupaia, Kawela, and Makolelau.

The two populations are distributed

over an area of less than 1.6 by 5.6 km

(1 by 3.5 mi), totaling fewer than 1,000

individuals on State and privately

owned lands (HINHP Database 2000;

GDSI 2000).

This species is found along ridges in

dry to mesic grassland, shrubland, and

forest with scattered native trees. It

ranges in elevation from about 600 to

650 m (2,000 to 2,100 ft) (HINHP

Database 2000; Wagner et al. 1999).

Associated plant species include

Dodonaea viscosa, Metrosideros

polymorpha, Styphelia tameiameiae,

and Dicranopteris linearis (Gagne and

Cuddihy 1999).

The major threats to Schiedea lydgatei

are habitat degradation by feral

ungulates; and competition with the

non-native plant species Melinus

minutiflora; and catastrophic extinction

due to random environmental events,

primarily fire, (57 FR 46325; USFWS

1996a) because in this species’ dry,

windswept habitat, a single fire

potentially could destroy a large part of

the populations.

Schiedea sarmentosa (no common

name)

Schiedea sarmentosa, a perennial

herb of the pink family

(Caryophyllaceae), is a many-branched

shrub. The opposite leaves are slender,

threadlike, and are covered with dense,

gladular hairs. There may be as many as

40 to 60 inflorescences on one plant,

often with 50 to 100 flowers in each

inflorenscence. The flowers are female

on some plants and bisexual on others.

The green sepals are egg-shaped and

somewhat hairy. The staminodes (false

stamens) are half as long as the sepals

and two-branched at the tip. The fruits

are oval capsules. This species differs

from others in this endemic Hawaiian

genus by its densely bushy habit, leaf

width, hairiness, and staminode length

(Wagner, et al. 1999).

The flowers are female on some plants

and bisexual on others. The population

on Makolelau Gulch has a frequency 31

percent females. Based on analyses of

pollen-ovule ratios, pollen size,

inforescence structure, and comparison

to other Schiedea species tested in a

wind tunnel, Schiedea sarmentosa

could be wind-pollinated. No other life

history information for this species is

available (USFWS 1998a).

Schiedea sarmentosa has been found

in Kawela Gulch, Makolelau, and Onini

Gulch (HINHP Database 2000).

Currently, only two populations are

known to be extant. One population on

the boundary of the privately owned

land of TNCH’s Kamakou Preserve and

State owned land in Onini Gulch has

approximately 30 individuals (HINHP

Database 2000). The other population

occurs on privately owned land in

Makolelau, and consists of 4

subpopulations totaling approximately

300 to 400 individuals (USFWS 1998a;

GDSI 2000). Estimates of the total

number of individuals have ranged up

to 1,000 (USFWS 1998a). An accurate

count is somewhat difficult because this

species is interspersed with Schiedea

lydgatei (USFWS 1998a).

Schiedea sarmentosa is typically

found on steep slopes in Metrosideros

polymorpha-Dodonaea viscosa lowland

dry or mesic shrubland between 610

and 790 m (2,000 and 2,600 ft) elevation

(HINHP Database 2000; HPCC 2000).

Associated species include Styphelia

tameiameiae, Chenopodium oahuensis

(ahe ahea), Alyxia oliviformis (maile),

Pleomele sp. (hala pepe), Bidens

menziesii (kokoolau), Carex meynii (No

common name), Lipochaeta rockii

(nehe), Nestegis sandwicensis,

Nothocestrum latifolium (aiea),

Nototrichium sandwicense (kului), Sida

fallax (ilima), Sophora chrysophylla

(mamane), and Chamaesyce sp. (HINHP

Database 2000).

Major threats to Schiedea sarmentosa

include habitat degradation by feral

goats and pigs, competition by the nonnative plants Melinis minutiflora and

Ricinus communis (paaila), and fire.

The species is also threatened by a risk

of extinction from naturally occurring

events due to the low number of

populations (61 FR 53130; USFWS

1998a).

Silene alexandri (no common name)

Silene alexandri, a member of the

pink family (Caryophyllaceae), is an

erect, perennial herb, 30 to 60 cm (1 to

2 ft) tall, and woody at the base. The

narrow, elliptic leaves are hairless

except for a fringe along the margins.

Flowers are arranged in open clusters on

stalks. The hairless stems, flowering

stalks, and sepals and the larger flowers

with white petals separate this species

from other members of the genus

(Wagner, et al. 1999).

Currently, no life history information

is available for this species.

Historically, Silene alexandri was

known from Makolelau and Kamalo on

East Molokai. Currently, one population

comprising fewer than 10 individuals

remains in Makolelau on privately

owned land (GDSI 2000; HINHP

Database 2000).

The only known population is found

in remnant dry forest and shrubland at

an elevation between 610 and 760 m

(2,000 and 2,500 ft) (HINHP Database

2000; Wagner, et al. 1999). Associated

plant species include Dodonaea viscosa,

Metrosideros polymorpha, Styphelia

tameiameiae, Dicranopteris linearis,

Chenopodium oahuense, and Sophora

chrysophylla (Gagne and Cuddihy

1999).

Threats to the single population of

Silene alexandri include habitat

degradation by feral goats, predation by

goats and cattle (Bos taurus) may

possibly occur, and catastrophic

extinction through random

environmental events, of which the

most serious is fire, due to the

vulnerability of this single population

(57 FR 46325; USFWS 1996a).

Stenogyne bifida (no common name)

Stenogyne bifida, a nonaromatic

member of the mint family (Lamiaceae),

is a climbing perennial herb, with

smooth or slightly hairy, four-angled

stems. The opposite, membranous,

toothed leaves are oval or elliptical in

shape, and are hairless except for the

midribs. Flowers are usually arranged in

groups of two to six in each of several

whorls at the ends of the stems. The

petals are fused into a nearly straight,

yellow tube which flares into palebrown lobes comprising an upper and a

lower lip. The fruits are fleshy, black

nutlets. The long, narrow calyx teeth

and the deep lobe in the upper lip of the

yellow corolla separate this species from

others of the genus (Weller and Sakai

1999).

Currently, no life history information

is available for this species.

Historically, Stenogyne bifida was

known from scattered populations from

Waianui in central Molokai to Pukoo

Ridge on East Molokai (HINHP Database

2000). This species is now known from

only four East Molokai populations

totaling fewer than 10 individuals on

Manawai-Kahananui Ridge along the

boundary between private and State

lands; on Kolo Ridge, at Kamoku flats;

and on the eastern fork of Kawela Gulch

on the privately owned land of TNCH’s

Pelekunu Preserve (GDSI 2000; HINHP

Database 2000).

Stenogyne bifida typically grows on

steep ridges in Metrosideros

polymorpha dominated montane mesic

to wet forest with native species such as

Cibotium sp., Hedyotis sp., Cyanea sp.,

Dicranopteris linearis, Dodonaea

viscosa, Hedyotis hillebrandii (manono),

Pipturus albidus, Psychotria sp.,

Styphelia tameiameiae, Vaccinium sp.,

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83165

Wikstroemia sp., Cheirodendron

trigynum, Broussaisia arguta, and

Pouteria sandwicensis (alaa) at

elevations between 450 and 1,200 m

(1,450 and 4,000 ft) (HINHP Database

2000; USFWS 1996a).

The most pervasive threat to this

species is habitat degradation by

ungulates (axis deer, goats, and pigs) (57

FR 46325; USFWS 1996a).

Tetramolopium rockii (no common

name)

Tetramolopium rockii, a member of

the aster family (Asteraceae), is a

glandular, hairy, prostrate perennial

shrub which forms complexly branching

mats. The species has been divided into

two varieties in the most recent

treatment of this genus in Hawaii.

Leaves of variety calcisabulorum have

slightly inrolled edges, and are whitish

due to the long silky hairs on their

surfaces. Variety rockii has smaller, less

hairy, flat, yellowish-green leaves. The

leaves of both varieties are spatulashaped with glands and smooth

margins. Flower heads, arranged singly

at the ends of flowering stalks are

composed of approximately 60 to 100

white ray florets surround 30 to 55

functionally male, yellow, funnelshaped disk florets. Fruits are achenes

topped with white bristles. This species

differs from others of the genus by its

growth habit, its hairy and glandular

surfaces, its spatulate leaf shape, and its

yellow disk florets (Lowrey 1999).

Currently, no life history information

is available for this species (USFWS

1996a).

Of the two recognized varieties of

Tetramolopium rockii, variety rockii

was first discovered at Moomomi about

80 years ago and is still extant in that

area. Tetramolopium rockii var. rockii is

found in three areas, from Kalawao to

Kahinaakalani, Keieho Point to

Kaplalauoa, and from Moomomi to

Kahinaakalani (HINHP Database 2000).

Variety calcisabulorum is only reported

from Keieho Point to Kaplalauoa

intergrading with variety rockii where

their ranges overlap (HINHP Database

2000). The total number of individuals

of both varieties in the three

populations is estimated to be 174,000;

they are located on State lands,

including land managed by the National

Park Service at Kalaupapa National

Historical Park, and privately owned

lands (HINHP Database 2000; GDSI

2000).

Tetramolopium rockii is restricted to

hardened calcareous sand dunes or ashcovered basalt in the coastal spray zone

or coastal dry shrubland and grassland

between 10 and 200 m (30 and 650 ft)

in elevation (Lowrey 1999). Native plant

species associated with this species

include Canthium odoratum, Diospyros

sandwicensis, Metrosideros

polymorpha, Osteomeles anthyllidifolia

(ulei), Scaevola sp. (naupaka),

Fimbristylis cymosa (mau u aki aki),

Heliotropium anomalum (ahinahina),

Lipochaeta integrifolia (nehe), Sida

fallax, and Sporobolus virginicus

(akiaki) (USFWS 1996a; HINHP

Database 2000).

The major threats to Tetramolopium

rockii are habitat degradation by

ungulate (axis deer and cattle) activity

and human recreation, competition with

the non-native plant Prosopis pallida

(kiawe), and catastrophic extinction due

to fire (57 FR 46325).

Multi-Island Species

Adenophorus periens (pendant kihi

fern)

Adenophorus periens, a short-lived

perennial member of the grammitis

family (Grammitidaceae), is a small,

pendant, epiphytic (not rooted on the

ground) fern. This species differs from

other species in this endemic Hawaiian

genus by having hairs along the pinna

margins, by the pinnae being at right

angles to the midrib axis, by the

placement of the sori on the pinnae, and

the degree of dissection of each pinna

(USFWS 1999; Linney 1989).

Little is known about the life history

of Adenophorus periens, which seems

to grow only in dense closed-canopy

forest with high humidity. Its breeding

system is unknown but outbreeding is

very likely to be the predominant mode

of reproduction. Spores are dispersed by

wind, possibly by water, and perhaps on

the feet of birds or insects (Linney

1989). Spores lack a thick resistant coat

which may indicate their longevity is

brief, probably measured in days at

most. Due to the weak differences

between seasons, there seems to be no

evidence of seasonality in growth or

reproduction. Additional information

on reproductive cycles, longevity,

specific environmental requirements,

and limiting factors is not available

(USFWS 1999).

Historically, Adenophorus periens

was known from Kauai, Oahu, Lanai,

East Maui, and Hawaii Island (HINHP

Database 2000). Currently, it is known

from several locations on Kauai,

Molokai, and Hawaii (HINHP Database

2000). On Molokai, it is found in a

single population containing seven

individuals on the privately owned land

within TNCH’s Kamakou Preserve

(GDSI 2000; HINHP Database 2000).

This species, an epiphyte usually

growing on Metrosideros polymorpha

trunks, is found in Metrosideros

polymorpha-Myrsine lessertiana (kolea)

forest at elevations between 400 and

1,265 m (1,312 and 4,150 ft) (HINHP

Database 2000). It is found in habitats of

well-developed, closed canopy

providing deep shade and high

humidity (Linney 1989). Associated

native species include Broussasia

arguta, Cheirodendron trigynum,

Coprosma ochracea, Cyanea sp.,

Cyrtandra sp. (haiwale), Dicranopteris

linearis, Freycinetia arborea, Hedyotis

terminalis, Labordia hirtella (No

common name), Machaerina

angustifolia (uki), Psychotria hexandra

(kopiko), Styphelia tameiameiae, Ilex

anomala, Vaccinium calycinum (ohelo),

Cibotium glaucum (hapuu), Melicope

sp., Viola robusta (pamakani),

Stenogyne kamehamehae (No common

name), Anoectochilus sandvicensis

(jewel orchid), and Syzygium

sandwicensis (ohia ha) (HINHP Database

2000; USFWS 1999).

The threats to this species on Molokai

are habitat degradation by feral pigs and

goats, and competition with the nonnative plant Psidium cattleianum

(strawberry guava) (HINHP Database

2000; 59 FR 56333; USFWS 1999).

Alectryon macrococcus (mahoe)

Alectryon macrococcus, a long-lived

perennial member of the soapberry

family (Sapindaceae), consists of two

varieties, macrococcus and

auwahiensis, both trees with reddishbrown branches and net-veined paperor leather-like leaves with one to five

pairs of sometimes asymmetrical eggshaped leaflets. The underside of the

leaf has dense brown hairs, only when

young in A. macrococcus var.

macrococcus, and whether young or

mature (persistent) in A. macrococcus

var. auwahiensis (only found on East

Maui). The only member of its genus

found in Hawaii, this species is

distinguished from other Hawaiian

members of its family by being a tree

with a hard fruit 2.5 cm (0.9 in) or more

in diameter (Kimura and Nagata 1980;

Wagner et al. 1999).

Alectryon macrococcus is a relatively

slow-growing tree that grows in xeric to

mesic sites and is adapted to periodic

drought. Little else is known about the

life history of this species. Flowering

cycles, pollination vectors, seed

dispersal agents, and specific

environmental requirements are

unknown.

Currently, Alectryon macrococcus

var. macrococcus is known from Kauai,

Oahu, Maui, and Molokai. On Molakai,

it is found on the privately owned land

of TNCH’s Kamakou Preserve, along the

Puu Kolekole jeep road, Kaunakakai

Gulch, and Kamiloloa Gulch in a total

83166 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

of six populations containing nine

individuals on State and privately

owned lands (GDSI 2000; HINHP

Database 2000).

Alectryon macrococcus var.

macrococcus typically grows on dry or

talus slopes or in gulches within dry or

mesic lowland forest between elevations

of 360 and 1,070 m (1,181 and 3,510 ft)

(HINHP Database 2000; Wagner et al.

1999). Associated native plants include

Dodonea viscosa, Nestegis

sandwicensis, Nothocestrum sp. (aiea),

Pleomele sp., Psychotria sp., Streblus

pendulina (aiai), Myrsine sp. (kolea),

and Lipochaeta sp. (nehe) (USFWS

1997; HINHP Database 2000).

The threats to Alectryon macrococcus

var. macrococcus on Molokai include

habitat degradation by feral goats and

pigs; competition from non-native plant

species such as Melinus minutiflora,

Pennisetum clandestinum (kikuyu

grass), Schinus terebinthifolius, and

Psidium cattleianum; damage from the

black twig borer (Xylosandrus

compactus); seed predation by rats and

mice (Mus domesticus) and by insects

(probably the endemic

microlepidopteran Prays cf.

fulvocanella); loss of pollinators; and

catastrophic extinction through a single

natural or human-caused environmental

disturbance (e.g., fire) due to the very

small remaining number of individuals

and their limited distribution on

Molokai (USFWS 1997; 57 FR 20772;

HINHP Database 2000).

Brighamia rockii (pua ala)

Brighamia rockii, a long-lived

perennial member of the bellflower

family (Campanulaceae), grows as an

unbranched stem succulent with a

thickened stem that tapers from the

base. This species is a member of a

unique endemic Hawaiian genus with

only one other species, found on Kauai,

from which it differs by the color of its

petals, its longer calyx (fused sepals)

lobes, and its shorter flower stalks

(Lammers 1999).

Observations of Brighamia rockii by

Gemmill (1996) have provided the

following information: the reproductive

system is protandrous, meaning there is

a temporal separation between the

production of male and female gametes,

in this case a separation of several days;

only 5 percent of the flowers produce

pollen; very few fruits are produced per

inflorescence; there are 20 to 60 seeds

per capsule; and plants in cultivation

have flowers at an age of 9 months

(USFWS 1996a). This species was

observed in flower during August

(HINHP Database 2000).

Historically, Brighamia rockii ranged

along the northern coast of East Molokai

from Kalaupapa to Halawa and may

possibly have grown on Lanai and Maui

(HINHP Database 2000; Lammers 1999).

Currently, it is only extant on Molokai

in a total of five populations with

between 121 to 131 individual plants

occurring on State and privately owned

lands (HINHP Database 2000; GDSI

2000). It occurs on steep, inaccessible

sea cliffs along East Molokai’s northern

coastline from Anapuhi Beach to Wailau

Valley on private lands, and on the

relatively inaccessible State-owned sea

stack of Huelo, east of Anapuhi Beach

(HINHP Database 2000; K. Wood, in litt.

2000).

The plants are found in rock crevices

on steep basalt sea cliffs, often within

the spray zone, in coastal dry or mesic

forest, Eragrostis variabilis (kawelu)

mixed coastal cliff communities, or

shrubland, or Pritchardia sp. (loulu)

coastal mesic forest between sea level

and 470 m (0 and 1,540 ft). Associated

native species include Pritchardia

hillebrandii (loulu), Chamaesyce

celastroides var. amplectans (akoko),

Wikstroemia uva-ursi (akia), Carex

wahuensis ssp. wahuensis (No common

name), Mariscus phleoides ssp. pleoides

(No common name), Eragrostis

variabilis, Dianella sandwicensis

(ukiuki), Cocculus trilobus (huehue),

Phymatosorus scolopendria (lauae),

Crytomium falcatum (ahina kuahiwi),

Lepidium bidentatum var. o-waihiense

(anaunau), Pittosporum halophilum

(hoawa), Artemisia sp., Bidens sp.

(kookoolau), Schiedea globosa (No

common name), Reynoldsia

sandwicensis (ohe), Pandanus tectorius

(hala), Peucedanum sandwicensis

(makou), Hedyotis littoralis (No

common name), Metrosideros

polymorpha, Psydrax odoratum,

Diospyros sandwicensis, Osteomeles

anthyllidifolia, Tetramolopium cassia

(pamakani), Senna gaudichaudii

(kolomona), and Scaevola sericea

(naupaka kahakai) (HINHP Database

2000; Lammers 1999; K. Wood, in litt.

2000).

The threats to this species on Molokai

are habitat degradation (and possibly

predation) by deer and goats;

competition with the non-native plants,

Cyperus gracilis (McCoy grass), Digitaria

ciliaris (Henry’s crabgrass), Digitaria

insularis (sourgrass), Ficus microcarpa

(Chinese banyan), Kalanchoe pinnata,

Lantana camara (lantana), Oxalis

corniculata (yellow wood sorrel),

Pluchea symphytifolia (sourbush),

Portulaca oleracea (pigweed), and

Solanum seaforthianum (No common

name); seed predation by rats; and lack

of pollinators (USFWS 1996a; 57 FR

46325; HINHP Database 2000).

Centaurium sebaeoides (awiwi)

Centaurium sebaeoides, a member of

the gentian family (Gentianaceae), is an

annual herb with fleshy leaves and

stalkless flowers. This species is

distinguished from Centaurium

erythraea, which is naturalized in

Hawaii, by its fleshy leaves and the

unbranched arrangement of the flower

cluster (Wagner et al. 1999).

Centaurium sebaeoides has been

observed flowering in April. Flowering

may be induced by heavy rainfall.

Populations are found in dry areas, and

plants are more likely to be found

following heavy rains (USFWS 1995a).

This species appears to be a determinate

annual; triggered by declining photoperiod, the plant produces seeds and

dies (Medeiros et al. 1999). Medeiros et

al. (1999) noted that in the wild

seedlings first appeared in March and

April; flowers first appeared in April

and May; mature capsules were

observed beginning in May and

continuing through June; and by the

first week of July, most plants were

dead. No additional life history

information is available for this plant

(USFWS 1995a).

Historically and currently,

Centaurium sebaeoides is known from

scattered localities on Kauai, Oahu,

Molokai, Lanai, and Maui (Wagner et al.

1999). Currently on Molokai, there are a

total of two populations containing

thousands of individuals, near Mokio

Point on privately owned land and in

Kalaupapa National Historical Park on

State and federally owned land that is

managed by the National Park Service

(Chuck Chimera, formerly with

Biological Resources Division (BRD),

pers. comm. 2000; GDSI 2000; HINHP

Database 2000).

This species typically grows in

volcanic or clay soils or on cliffs in arid

coastal areas below 120 m (400 ft)

elevation on Molokai (56 FR 55770;

Wagner et al. 1999). Associated species

include Chamaesyce celastroides

(akoko), Dodonea viscosa, Fimbristylis

cymosa, Heteropogon contortus (pili

grass), Lipochaeta heterophylla (nehe),

Lipochaeta integrifolia, Lycium

sandwicense (ohelo kai), Lysimachia

mauritiana (kolokolo kuahiwi),

Mariscus phleoides (No common name),

Panicum fauriei (No common name),

Panicum torridum (kakonakona),

Scaevola sericea, Schiedea globosa,

Sida fallax, Wikstroemia uva-ursi,

Artemisia sp., Bidens sp., Jaquemontia

ovalifolia (pa uohi iaka), and Lipochaeta

succulenta (nehe) (Medeiros et al. 1999;

56 FR 55770).

The major threats to this species on

Molokai are displacement by non-native

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83167

woody species such as: Casuarina

equisetifolia (paina), Casuarina glauca

(saltmarsh), Laucaena leucocephala

(koa haole), Prosopis pallida, Schinus

terebinthifolius, Syzygium cumini (Java

plum), and Tournefortia argentea (tree

heliotrope); trampling and habitat

degradation by feral goats and cattle;

and damage caused by off-road vehicles

(Medeiros et al. 1999).

Ctenitis squamigera (pauoa)

Ctenitis squamigera is a short-lived

perennial and a member of the wood

fern family (Dryopteridaceae) (Wagner

and Wagner 1992). It has a rhizome

(horizontal stem) 5 to 10 mm (0.2 to 0.4

in) thick, creeping above the ground and

densely covered with scales similar to

those on the lower part of the leaf stalk.

The leaf stalks are densely clothed with

tan-colored scales up to 1.8 cm (0.7 in)

long and 1 mm (0.04 in) wide. The sori

are tan-colored when mature and are in

a single row one-third of the distance

from the margin to the midrib of the

ultimate segments (Degener and Degener

1957). The indusium is whitish before

wrinkling, thin, suborbicular with a

narra sinus extending about half way,

glabrous except for a circular margin

which is ciliolate with simple severalcelled glandular and nonglandular hairs

arising directly from the margin or from

the deltoid base (Degener and Degener

1957). Ctenitis squamigera can be

readily distinguished from other

Hawaiian species of Ctenitis by the

dense covering of tan-colored scales on

its fronds (Wagner and Wagner 1992).

Reproductive cycles, longevity,

specific environmental requirements

and limiting factors are unknown

(USFWS 1998b).

Historically, Ctenitis squamigera was

recorded from Kauai, Oahu, Molokai,

Lanai, Maui, and Hawaii (HINHP

Database 2000). It is currently found on

Oahu, Lanai, Molokai, and Maui. There

is currently a single population with 20

individuals on the island of Molokai in

Wawaia Gulch on privately owned land

(GDSI 2000; J. Lau, in litt. 2000).

On Molokai, this species is found in

mesic forest at an elevation of

approximately 865 m (254 ft) (J. Lau, in

litt. 2000). Associated native plant taxa

include Metrosideros polymorpha,

Myrsine lessertiana (kolea), Diospyros

sandwicensis, Nestegis sandwicensis,

Xylosma hawaiiense (maua), Pouteria

sandwicensis, Nephrolepis exaltata

(kupukupu), Carex meyenii, Dryopteris

unidentata (No common name), and

Pleomele auwahiensis (hala pepe) (J.

Lau, in litt. 2000; USFWS 1998b; 59 FR

49025).

The primary threats to Ctenitis

squamigera are habitat degradation by

goats, and competition with the nonnative plant taxa Schinus

terebinthifolius and Melinis minutiflora

(J. Lau, in litt. 2000; USFWS 1998b; 59

FR 49025).

Cyanea grimesiana ssp. grimesiana

(haha)

Cyanea grimesiana ssp. grimesiana, a

short-lived perennial member of the

bellflower family (Campanulaceae), is a

shrub with pinnately divided leaves.

This species is distinguished from

others in this endemic Hawaiian genus

by the pinnately lobed leaf margins and

the width of the leaf blades. This

subspecies is distinguished from the

other two subspecies by the shape and

size of the calyx lobes which overlap at

the base (Lammers 1999).

Little is known about the life history

of this plant. On Molokai, flowering

plants have been observed in July and

August. Reproductive cycles, longevity,

specific environmental requirements,

and limiting factors are unknown

(USFWS 1999).

Historically and currently, Cyanea

grimesiana ssp. grimesiana is known

from Oahu, Molokai, Lanai, and Maui

(USFWS 1999). On Molokai, it is found

in a total of three populations

containing eight individuals, in Wailau,

Puu Kahea and Olokui NAR on State

and privately owned lands (GDSI 2000;

HINHP Database 2000).

This species is typically found in

mesic forest often dominated by

Metrosideros polymorpha or

Metrosideros polymorpha and Acacia

koa (koa), or on cliffs, at elevations

between 350 and 945 m (1,150 and

3,100 ft). Associated plants include

Psychotria sp., Bobea sp. (ahakea),

Antidesma sp., Syzygium sandwicensis,

Xylosma sp. (maua), Cibotium sp.,

Doodia sp. (ohupukupulauii),

Nephrolepis sp. (kupukupu), Cyrtandra

sp., Dicranopteris linearis, and

Freycinetia arborea (HINHP Database

2000).

The threats to this species on Molokai

are habitat degradation and/or

destruction caused by axis deer, feral

goats, and pigs; competition with

various non-native plants such as

Clidemia hirta; catastrophic extinction

by randomly naturally occurring events

(e.g., fire, landslides) due to the small

number of existing individuals;

trampling by hikers; seed predation by

rats; and predation by various slugs

(Milax sp.) (HINHP Database 2000; 61

FR 53108; USFWS 1999).

Diellia erecta (no common name)

Diellia erecta, a short-lived perennial

member of the spleenwort family

(Aspleniaceae), is a fern that grows in

tufts of 3 to 9 lance-shaped fronds

which emerge from a rhizome covered

with brown to dark gray scales. This

species differs from other members of

the genus in having brown or dark gray

scales usually more than 2 cm (0.8 in)

in length, fused or separate sori along

both margins, shiny black midribs that

have a hardened surface, and veins that

do not usually encircle the sori (Degener

and Greenwell 1950; Robinson 1912;

Wagner 1952).

Little is known about the life history

of this taxon. Reproductive cycles,

longevity, specific environmental

requirements, and limiting factors are

unknown (USFWS 1999).

Historically, Diellia erecta was known

from Kauai, Oahu, Molokai, Lanai,

Maui, and Hawaii Island (USFWS 1999).

Currently, it is only known from

Molokai, Maui, and Hawaii (USFWS

1999). On Molokai, it is known from a

total of 4 populations containing at least

10 individuals in Halawa Valley,

Kahuaawi Gulch, Makolelau and Onini

Gulch on State and privately owned

lands (HINHP Database 2000; K. Wood,

in litt. 1999).

This species is found in mixed mesic

forest and mesic Diospyros

sandwicensis (lama) forest between

elevations of 210 and 1,490 m (700 and

4,900 ft) (HINHP Database 2000; K.

Wood, in litt. 1999). Associated native

plant species include Alyxia oliviformis,

Metrosideros polymorpha, Bobea sp.,

Coprosma foliosa (pilo), Dodonea

viscosa, Dryopteris unidentata, Myrsine

sp., Ochrosia comta (holei), Dubautia

linearis ssp. opposita (na ena e),

Psychotria sp., Pleomele auwahiensis,

Sophora chrysophylla, Styphelia

tameiameiae, Syzygium sandwicensis,

and Wikstroemia sp. (HINHP Database

2000; K. Wood, in litt. 1999).

The major threats to Diellia erecta on

Molokai are habitat degradation by pigs,

goats, and deer; competition with the

non-native plant species Fraxinus uhdei

(tropical ash), Ricinus communis,

Melinus minutiflora, Psidium

cattleianum, Blechnum occidentale (No

common name); and catastrophic

extinction due to random naturally

occurring events and reduced

reproductive vigor due to the small

number of existing individuals (HINHP

Database 2000; K. Wood, in litt. 1999; 59

FR 56333; USFWS 1999).

Hedyotis mannii (pilo)

Hedyotis mannii, a member of the

coffee family (Rubiaceae), is a shortlived perennial with smooth, usually

erect stems 30 to 60 cm (1 to 2 ft) long

which are woody at the base and fourangled or -winged. The leaves are

opposite, thin in texture and elliptic to

83168 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

sometimes lance-shaped. Stipules (leaflike appendages), which are attached to

the slightly winged leaf stalks where

they join and clasp the stem, are

triangular. Flowers are arranged in loose

clusters up to 30 cm (1 ft) long at the

ends of the stems and are either bisexual

or female. This species’ growth habit; its

quadrangular or winged stems; the

shape, size, and texture of its leaves;

and its dry capsule which opens when

mature, separate it from other species of

the genus (Wagner et al. 1999).

Currently, no life history information

is available for this species (USFWS

1996a).

Hedyotis mannii was once widely

scattered on Lanai, West Maui, and

Molokai (HINHP Database 2000).

Currently, this species is extant on

Molokai, West Maui, and Lanai. After an

absence of 50 years, this species was

rediscovered in 1987 by Steve Perlman

on private land in Kawela Gulch in

TNCH’s Kamakou Preserve (GDSI 2000;

HINHP Database 2000). Only five plants

are known to exist in this area (HINHP

Database 2000).

Hedyotis mannii typically grows on

dark, narrow, rocky gulch walls in

mesic and perhaps wet forests at 150 to

1,050 m (490 to 3,450 ft) in elevation

(Wagner et al. 1999; HINHP Database

2000). Associated plant species include

Pipturus sp., Cibotium sp., Cyanea sp.,

Scaevola sp., and Psychotria sp. (HINHP

Database 2000; USFWS 1996a).

The threats to Hedyotis mannii on

Molokai are habitat degradation by feral

pigs; competition with the non-native

plant Melinis minutiflora; and

catastrophic extinction through random

environmental events to which the

limited number of individuals are

extremely vulnerable (HINHP Database

2000; 57 FR 46325; USFWS 1996a).

Hesperomannia arborescens (no

common name)

Hesperomannia arborescens, a longlived perennial member of the aster

family (Asteraceae), is a small shrubby

tree that usually stands 1.5 to 5 m (5 to

16 ft) tall. This member of an endemic

Hawaiian genus differs from other

Hesperomannia species in having the

following combination of characters,

erect to ascending flower heads, thick

flower head stalks, and usually hairless

and relatively narrow leaves (Wagner et

al. 1999).

This species was observed in flower

from April through June and fruit

during March and June (USFWS 1998c).

No other information is available on

reproductive cycles, longevity, specific

environmental requirements, and

limiting factors (USFWS 1998c).

Hesperomannia arborescens was

formerly known from Lanai, Molokai,

and Oahu (HINHP Database 2000). This

species is now known from Oahu,

Molokai, and Maui. On Molokai, one

population of five individuals is known

from the State’s Olokui NAR (GDSI

2000; HINHP Database 2000).

Hesperomannia arborescens is found

on slopes or ridges in wet Metrosideros

polymorpha-Dicranopteris linearis

lowland forest or mesic Diospyros

sandwicensis-Metrosideros polymorpha

lowland forest transition zones between

360 and 750 m (1,200 and 2,500 ft) in

elevation (HINHP Database 2000).

Associated native species include

Broussaisia arguta, Freycinetia arborea,

Antidesma sp., Cibotium glaucum,

Psychotria mauiensis (kopiko),

Elaphoglossum sp. (ekaha), Coprosma

sp., Hedyotis sp., Cheirodendron sp.,

Smilax melastomifolia (hoi kuahiwi),

Clermontia pallida (oha wai),

Thelypteris sp. (palapalaia),

Diplopterygium pinnatum (uluhe lau

nui), Ilex anomala, Myrsine sp., Urera

glabra, Cyrtandra sp., Pipturus sp.,

Boehmeria grandis, Nestegis

sandwicensis (olopua), Nephrolepis

exaltata, and Wikstroemia sp. (HINHP

Database 2000).

The major threats to Hesperomannia

arborescens on Molokai are habitat

degradation by feral pigs, goats, and

humans; competition with non-native

plant taxa such as Clidemia hirta,

Kalanchoe pinnata, and Rubus

rosifolius; catastrophic extinction due to

random environmental events or

reduced reproductive vigor due to this

species’ limited numbers are significant

threats as well (59 FR 14482; HINHP

Database 2000).

Ischaemum byrone (Hilo ischaemum)

Ischaemum byrone, a member of the

grass family (Poaceae), is a short-lived

perennial species with creeping

underground and erect stems.

Ischaemum byrone can be distinguished

from other Hawaiian grasses by its tough

outer flower bracts, dissimilar basic

flower units, which are awned and twoflowered, and a di- or trichotomouslybranching inflorescence (O’Connor

1999).

No life history information is

currently available for this species

(USFWS 1996b).

Ischaemum byrone was historically

distributed on Oahu, Molokai, Maui,

and Hawaii Island (59 FR 10305).

Currently, this species is found on

Molokai, Maui, and Hawaii Island. It

has also been reported from

unconfirmed sightings on Kauai (HINHP

Database 2000). On Molokai, there are a

total of 2 populations containing

between 100 to 1,000 individuals

located in Wailau Valley and the eastern

edge of Kikipua on State and privately

owned lands (GDSI 2000; HINHP

Database 2000).

Ischaemum byrone is found in coastal

dry shrubland or Artemisia cliff

communities, near the ocean, among

rocks or on basalt cliffs or talus slopes,

and elevations between sea level and 75

m (0 and 250 ft) (Gagne and Cuddihy

1999; O’Connor 1999; HINHP Database

2000). Associated taxa include Bidens

molokaiensis (No common name),

Hedyotis littoralis, Lysimachia

mauritiana, Fimbrystylis cymosa, and

Pandanus tectorius (hala) (HINHP

Database 2000).

The threats to Ischaemum byrone on

Molokai are competition by non-native

grasses, particularly Digitaria ciliaris;

predation by goats and axis deer; and

elimination and degradation of habitat

through fire and residential

development; (USFWS 1996b).

Mariscus fauriei (no common name)

Mariscus fauriei, a member of the

sedge family (Cyperaceae), is a

perennial plant with somewhat enlarged

underground stems and three-angled,

single or grouped aerial stems 10 to 50

cm (4 to 20 in) tall. It has leaves shorter

than or the same length as the stems 1

to 3.5 mm (0.04 to 0.1 in) wide. This

species differs from others in the genus

in Hawaii by its smaller size and its

narrower, flattened, and more spreading

spikelets (Koyama 1999; 59 FR 56333).

Currently, no life history information

is available for this species (USFWS

1996b).

Historically and currently, Mariscus

fauriei is found on east Molokai and on

the island of Hawaii. This species is no

longer extant on Lanai. Currently on

Molokai, one population with 20 to 30

plants occurs above Kamiloloa on Stateowned land (HINHP Database 2000;

GDSI 2000).

This species typically grows in

Diospyros sandwicensis dominated

lowland dry forests, often on a lava

substrate, at an elevation of 207 m (680

ft) (HINHP Database 2000; Koyama

1999). Associated species include

Canthium odoratum, Peperomia sp. (ala

ala wai nui), and Rauvolfia

sandwicensis (hao) (HINHP Database

2000).

The threats to Mariscus fauriei on

Molokai are predation and habitat

degradation by feral goats and axis deer.

Because there is only one known

population on Molokai, the species is

threatened by the risk of extinction

through random environmental events

and through reduced reproductive vigor

(USFWS 1996b; 59 FR 56333).

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83169

Marsilea villosa (ihi ihi)

Marsilea villos, a member of the

family Marsileaceae, is a perennial

aquatic to semiaquatic fern similar in

appearance to a four-leaved clover. The

leaves are born in pairs along a thin

rhizome. The leaves and rhizomes vary

in pubescence, depending on the aridity

of the habitat at the time of

development. A hard sporocarp (hardwalled case containing male and female

spores) is borne at the base of a leaf pair.

The young sporocarp, like the rhizome,

is covered with rust-colored hairs which

are lost as the sporocarp matures. The

plant occurs either in scattered clumps

or as a dense interwoven mat,

depending on the competition with

other species for limited habitat

resources. The species is the only

member of the genus native to Hawaii

and is closely related to Marsilea vestita

of the western coast of the United States

(USFWS 1996c).

Marsilea villosa requires periodic

flooding for spore release and

fertilization, then a decrease in water

levels for the young plants to establish,

and finally dry soil for sporocarps to

mature. Shading reduces vigor of

Marsilea villosa. No other life history

information is currently available for

this species (USFWS 1996c).

Marsilea villosa was known

historically from Oahu, Molokai and

Niihau. Currently, it is found only on

Oahu and Molokai. On Molokai there

are four populations with an

unspecified number of individuals

located at Kamaka ipo, Ilio Point,

Kaiehu Point, and from Kaeo to Mokio

on State and privately owned lands

(HINHP Database 2000; GDSI 2000).

Marsilea villosa typically occurs in

shallow depressions in clay soil, or

lithified sand dunes overlaid with

alluvial clay. All reported populations

occur at or below 150 m (500 ft)

elevation. While Marsiliea villosa can

withstand minimal shading, it appears

most vigorous growing in open areas.

The associated native vegetation of

Marsilea villosa on Molokai includes

Heteropogon contortus, Sida fallax,

Waltheria indica (uhaloa), Centaurium

sebaeoides (awiwi), Tetramolopium

sylvae (pamakani), and Schiedea

globosa (USFWS 1996c).

The main reason for the decline of

Marsilea villosa on Molokai is habitat

destruction including the destruction of

natural hydrology; the encroachment

and competition from naturalized, nonnative plants such as Cenchrus ciliaris

(buffelgrass), Prosopis pallida, Lantana

camara, Digitaria insularis, and

Chamaecrista nictitans (partridge pea);

the disturbance of areas where the plant

grows by off-road vehicles or by grazing

cattle and axis deer; habitat destruction,

degradation, and fragmentation through

development, fire, trampling by humans

and introduced mammals; catastrophic

extinction from random environmental

events and reduced reproductive vigor

due to few populations and small

population sizes (USFWS 1996c; 57 FR

27863).

Melicope mucronulata (no common

name)

Melicope mucronulata, a long-lived

perennial of the citrus family (Rutaceae)

is a small tree up to 13 ft (4 m) tall with

oval to elliptic-oval leaves. This species

is distinguished from others in the

genus by the growth habit, the number

of flowers in each flower cluster, the

size and shape of the fruit, and the

degree of hairiness of the leaves and

fruit walls (Stone et al. 1999).

Currently, no life history information

is available for this species.

First discovered in 1920 in Kanaio,

East Maui, Melicope mucronulata was

not relocated until 1983. One

population of two individuals was then

found two years later in Kupaia on the

border of the privately owned Kamakou

Preserve and the State’s Molokai Forest

Reserve in east Molokai (GDSI 2000;

HINHP Database 2000; Stone et al.

1999).

Melicope mucronulata occurs on

steep, west- or north-facing, dry to

mesic, forested lowland slopes at

elevations of 670 to 870 m (2,200 to

2,850 ft). Associated native species

include Dodonea viscosa, Metrosideros

polymorpha, Styphelia tameiameiae,

and Dubautia linearis (naenae) (HINHP

Database 2000).

The major threat to the continued

existence of this species is catastrophic

extinction from random environmental

events due to the few extant populations

and small number of individuals.

Habitat degradation by goats and pigs;

predation by goats; and competition

with non-native plants, particularly

Melinis minutiflora, also pose

immediate threats to this species

(USFWS 1997; 57 FR 20772).

Neraudia sericea (no common name) 

Neraudia sericea, a short lived

perennial and a member of the nettle

family (Urticaceae), is a 3 to 5 m (10 to

16 ft) tall shrub with densely hairy

branches. The elliptic or oval leaves

have smooth margins or slightly toothed

margins on young leaves. The upper leaf

surface is moderately hairy and the

lower leaf surface is densely covered

with irregularly curved, silky gray to

white hairs along the veins. The male

flowers may be stalkless or have short

stalks. The female flowers are stalkless

and have a densely hairy calyx that is

either toothed, collar-like, or divided

into narrow unequal segments. The

fruits are achenes with the apical

section separated from the basal portion

by a deep constriction. Seeds are oval

with a constriction across the upper

half. Neraudia sericea differs from the

other four closely related species of this

endemic Hawaiian genus by the density,

length, color, and posture of the hairs on

the lower leaf surface and by its mostly

entire leaf margins (Wagner et al. 1999).

Additional information on the life

history of this plant, reproductive

cycles, longevity, specific

environmental requirements, and

limiting factors are generally unknown

(USFWS 1999).

Neraudia sericea was known

historically from Molokai, Lanai, Maui,

and Kahoolawe (HINHP Database 2000).

Currently, this species is found only on

Maui and Molokai. On Molokai, one

population of 50 to 100 individuals is

known from Makolelau on privately

owned land (GDSI 2000; HINHP

Database 2000).

Neraudia sericea generally occurs in

lowland dry to mesic Metrosideros

polymorpha-Dodonaea viscosaStyphelia tameiameiae shrubland or

forest between 670 and 1,370 m (2,200

and 4,500 ft) in elevation (HINHP

Database 2000; Wagner et al. 1999).

Other associated plant species include

Sida fallax, Diospyros sandwicensis,

Bobea sp., Coprosma sp., and Hedyotis

sp. (HINHP Database 2000).

The primary threats to Neraudia

sericea on Molokai are habitat

degradation by feral pigs and goats;

competition with the non-native plant,

Melinus minutiflora; and catastrophic

extinction through random

environmental events due to the

vulnerability of a single population

(USFWS 1999; 59 FR 56333).

Peucedanum sandwicense (makou) 

Peucedanum sandwicense, a short

lived perennial and a member of the

parsley family (Apiaceae), is a parsleyscented, sprawling herb. Hollow stems

arise from a short, vertical, perennial

stem with several fleshy roots. This

species is the only member of the genus

in the Hawaiian Islands (Constance and

Affolter 1999).

Additional information on the life

history of this plant, reproductive

cycles, longevity, specific

environmental requirements, and

limiting factors are generally unknown

(USFWS 1995b).

Historically and currently,

Peucedanum sandwicense was known

from Molokai, Maui, and Kauai (HINHP

83170 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Database 2000). Discoveries in 1990

extended the known distribution of this

species to the island of Oahu (USFWS

1995b). On Molokai, five populations

are known from private and State

owned lands in Pelekunu Valley, on

Huelo Islet and Mokapu Islet, and State

owned lands managed by the National

Park Service at Kalaupapa National

Historical Park, totaling approximately

50 individuals (GDSI 2000; HINHP

Database 2000; K. Wood, in litt. 2000).

This species grows in cliff habitats in

brown soil and talus in Chamaesyce

celastroides var. amplectansChenopodium oahuense coastal dry

shrubland or Diospyros sandwicensis

forest from sea level to above 900 m

(3,000 ft) and is associated with native

species such as Eragrostis sp. (kawelu),

Santalum ellipticum (iliahialoe),

Pritchardia hillebrandii, Reynoldsia

sandwicensis, Osteomeles

anthyllidifolia, Scaevola sericea, Senna

gaudichaudii, Pittosporum halophilum,

Sida fallax, Plumbago zeylanica (iliee),

Artemisia australis (ahinahina),

Portulaca lutea (ihi), Lepidium

bidentatum var. o-waihiense, Schiedea

globosa, Lipochaeta integrifolia,

Peperomia remyi (No common name),

Plechranthus parviflorus (ala ala wai

nui), Dianella sandwicensis and

Metrosideros polymorpha (Constance

and Affolter 1999; USFWS 1995b;

HINHP Database 2000; K. Wood, in litt.

2000).

Threats to Peucedanum sandwicense

on Molokai are seed predation by rats

and competition with the non-native

plant species Ageratum conyzoides

(maile hohono), Coronopus didymus

(swinecress), Kalanchoe pinnata,

Lantana camara, Malvastrum

coromandelianum ssp.

coromandelianum (false mallow),

Morinda citrifolia (Indian mulberry),

Plantago lanceolata (English plantain),

Pluchea carolinensis (sourbush),

Portulaca oleracea , Elaphantopus

spicatus (No common name), Schinus

terebinthifolius, and Sonchus oleraceus

(pualele) (USFWS 1995b; 59 FR 9304; K.

Wood, in litt. 2000).

Phyllostegia mannii (no common name) 

Phyllostegia mannii, a nonaromatic

member of the mint family (Lamiaceae),

is a climbing vine with many-branched,

four-sided, hairy stems. The opposite,

hairy leaves, which are shaped like

narrow triangles or narrow triangular

ovals have coarsely toothed margins.

Clusters of four to six white flowers are

arranged in each of several false whorls

along an unbranched flowering stem.

The fruits are fleshy, dark-green to black

nutlets (dry seeds with a hard outer

covering). This species is distinguished

from others in the genus by its hairiness;

its thin, narrow leaves, which are not

pinnately divided; and the usually six

flowers per false whorl in a terminal

inflorescence (Wagner et al. 1999).

This species was observed with fruit

in July (USFWS 1996a). Currently, no

additional life history information is

available for this species.

Historically, Phyllostegia mannii was

found from Hanalilolilo to Ohialele on

East Molokai and at Ukulele on East

Maui. It has not been seen on Maui for

over 70 years and is apparently

extirpated on that island (USFWS

1996a). This species is now known only

from four individuals at Hanalilolilo

within Kamakou Preserve on privately

owned land (GDSI 2000; HINHP

Database 2000).

Phyllostegia mannii grows in shaded

sites in sometimes foggy and

windswept, wet, open, Metrosideros

polymorpha-dominated montane forest

with a native shrub and Cibotium sp.

understory at 347 m (1,140 ft) in

elevation (USFWS 1996a). Associated

plant species include Asplenium sp. (No

common name), Broussaisia arguta,

Cheirodendron trigynum, Coprosma

ochracea, Cyanea sp., Dicranopteris

linearis, Hedyotis hillebrandii, Pipturus

albidus, Pouteria sandwicensis,

Psychotria sp., Touchardia latifolia,

Vaccinium sp., and Wikstromia sp.

(HINHP Database 2000).

The only known population of

Phyllostegia mannii is threatened by

habitat destruction and degradation by

feral pigs. Because of the small number

of individuals, a natural or humancaused environmental event could

extirpate all or a significant portion of

the population (USFWS 1996a; 57 FR

46325).

Plantago princeps (ale) 

Plantago princeps, a short-lived

member of the plantain family

(Plantaginaceae), is a small shrub or

robust perennial herb. This species

differs from other native members of the

genus in Hawaii by its large branched

stems, flowers at nearly right angles to

the axis of the flower cluster, and fruits

that break open at a point two-thirds

from the base. The four varieties,

anomala, laxiflora, longibracteata, and

princeps, are distinguished by the

branching and pubescence of the stems;

the size, pubescence, and venation of

the leaves; the density of the

inflorescence; and the orientation of the

flowers (Wagner et al. 1999).

Little is known about the life history

of this plant. Reproductive cycles,

longevity, specific environmental

requirements, and limiting factors are

generally unknown. However,

individuals have been observed in fruit

from April through September (USFWS

1999).

Plantago princeps is historically and

currently found on Kauai, Oahu,

Molokai, and Maui. It is no longer

extant on the island of Hawaii. Plantago

princeps var. anomala is currently

known from Kauai and Oahu; var.

longibracteata is known from Kauai and

Oahu; var. princeps is known from

Oahu; and var. laxiflora is known from

Molokai and Maui. On Molokai, there is

currently one remaining population of

Plantago princeps var. laxiflora with

five individuals in Kawela Gulch on

privately owned lands (GDSI 2000;

HINHP Database 2000; USFWS 1999).

On Molokai, Plantago princeps var.

laxiflora is typically found on basalt

cliffs in Metrosideros polymorpha

lowland wet forest or Acacia koaMetrosideros polymorpha montane wet

forest or Metrosideros polymorpha

montane wet shrubland, from 402 to

2,042 m (1,320 to 6,700 ft) elevation

(Wagner et al. 1999). Associated plant

species include Eragrostis variabilis,

Hedyotis formosa (No common name),

and Dubautia plantaginea spp. humile

(na ena e) (HINHP Database 2000;

USFWS 1999).

The primary threats to Plantago

princeps var. laxiflora on Molokai are

predation and habitat degradation by

feral pigs and goats and competition

with various non-native plant species

(59 FR 56333; USFWS 1999).

Platanthera holochila (no common

name)

Platanthera holochila, a short-lived

perennial and a member of the orchid

family (Orchidaceae), is an erect,

deciduous herb. The stems arise from

underground tubers, the pale green

leaves are lance to egg-shaped and the

greenish-yellow flowers occur in open

spikes. This is the only species of this

genus that occurs in the Hawaiian

Islands (Wagner et al. 1999).

Little is known about the life history

of this plant. Reproductive cycles,

longevity, specific environmental

requirements, and limiting factors are

unknown (USFWS 1999).

Historically, Platanthera holochila

was known from Maui, Oahu, Molokai,

and Kauai (HINHP Database 2000).

Currently, Platanthera holochila is

extant on Kauai, Molokai, and Maui

(HINHP Database 2000). On Molokai,

one population with less than 10

individuals is reported from

Hanalilolilo on the privately owned

land of Kamakou Preserve (HINHP

Database 2000; GDSI 2000).

Platanthera holochila is found in

Metrosideros polymorpha-Dicranopteris

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83171

linearis montane wet forest or

Metrosideros polymorpha mixed

montane bog between 1,048 and 1,515

m (3,440 and 4,970 ft) elevation.

Associated native plants include

Cibotium sp., Coprosma ernodeoides

(nene), Oreobolus furcatus (No common

name), Styphelia tameiameiae,

Wikstroemia sp., Scaevola

chamissoniana (naupaka kuahiwi),

Sadleria sp. (amau), Lythrum

maritimum (pukamole), Deschampsia

sp. (hair grass), Luzula hawaiiensis

(wood rush), Sisyrinchium acre (mau u

la ili), Broussaisia arguta, Clermontia

sp. (oha wai), Lycopodium cernuum

(wawae iole), Dubautia scabra (na ena

e), Polypodium pellucidum (ae), Gahnia

gahniiformis (No common name), and

Vaccinium reticulatum (ohelo ai)(61 FR

53108; USFWS 1999).

The primary threats to Platanthera

holochila on Molokai are habitat

degradation and/or destruction by feral

pigs; competition with non-native

plants; and a risk of extinction from

naturally occurring events and/or

reduced reproductive vigor, due to the

small number of remaining populations

and individuals. Predation by slugs may

also be a potential threat to this species

(61 FR 53108; USFWS 1999).

Schiedea nuttallii (no common name)

Schiedea nuttallii, a member of the

pink family (Caryophyllaceae), is a

generally hairless, erect subshrub. This

species is distinguished from others in

this endemic Hawaiian genus by its

habit, length of the stem internodes,

length of the inflorescence, number of

flowers per inflorescence, smaller

leaves, smaller flowers, and smaller

seeds (Wagner et al. 1999).

Little is known about the life history

of Schiedea nuttallii. Based on field and

greenhouse observations, it is

hermaphroditic (flowers contain both

sexes) (Weller et al. 1990). Plants

located close to the Makua rim on Oahu

have been under observation for 10

years, and they appear to be long-lived

(USFWS 1999). Schiedea nuttallii

appears to be an outcrossing species.

Under greenhouse conditions, plants

fail to set seed unless pollinated,

suggesting that this species requires

insects for pollination. Seedlings of

Schiedea occurring in mesic or wet sites

are apparently consumed by introduced

slugs and snails. These have been

observed feeding on S. membranacea,

another mesic forest species occurring

on Kauai. In contrast to mesic forest

species, Schiedea occurring in dry areas

produce abundant seedlings following

winter rains, presumably because there

are fewer alien consumers in drier sites

(USFWS 1999). Fruits and flowers are

abundant in the wet season but can be

found throughout the year (Kapua

Kawelo, U.S. Dept. of Defense, Army

Environmental, in litt. 1999). Little is

known about the life history of this

plant. Reproductive cycles, longevity,

specific environmental requirements,

and limiting factors are unknown.

Historically Schiedea nuttallii was

known from scattered locations on

southeastern Kauai, Oahu, Molokai, and

Maui (HINHP Database 2000). Currently,

known populations occur on Kauai,

Oahu, and Molokai (USFWS 1999). On

Molokai one population with 22

individuals of Schiedea nuttallii occurs

on the privately owned lands of TNCH’s

Kamakou Preserve (HINHP Database

2000; GDSI 2000).

Schiedea nuttallii typically grows in

diverse lowland mesic forest, often with

Metrosideros polymorpha dominant, at

elevations between 415 and 730 m

(1,360 and 2,400 ft). On Molokai, the

population is found at 354 m (1,160 ft)

elevation. Associated plants include

Cyrtandra hawaiensis (haiwale),

Antidesma sp., Psychotria sp., Perottetia

sandwicensis, Pisonia sp., and Hedyotis

acuminata (au) (HINHP Database 2000).

Schiedea nuttallii on Molokai is

seriously threatened by competition

with several non-native plants;

predation by the black twig borer, slugs,

and snails; and a risk of extinction from

naturally occurring events (e.g.,

landslides) and/or reduced reproductive

vigor due to the small number of

individuals.(USFWS 1999; 61 FR

53108).

Sesbania tomentosa (ohai)

Sesbania tomentosa, a short lived

perennial and a member of the pea

family (Fabaceae), is typically a

sprawling shrub but may also be a small

tree. Each compound leaf consists of 18

to 38 oblong to elliptic leaflets which

are usually sparsely to densely covered

with silky hairs. The flowers are salmon

tinged with yellow, orange-red, scarlet

or rarely, pure yellow. Sesbania

tomentosa is the only endemic

Hawaiian species in the genus, differing

from the naturalized Sesbania sesban by

the color of the flowers, the longer

petals and calyx, and the number of

seeds per pod (Geesink et al. 1999).

The pollination biology of Sesbania

tomentosa is being studied by David

Hopper, a graduate student in the

Department of Zoology at the University

of Hawaii at Manoa. His preliminary

findings suggest that although many

insects visit Sesbania flowers, the

majority of successful pollination is

accomplished by native bees of the

genus Hylaeus and that populations at

Kaena Point on Oahu are probably

pollinator limited. Flowering at Kaena

Point is highest during the winter-spring

rains, and gradually declines throughout

the rest of the year (USFWS 1999).

Other aspects of this plant’s life history

are unknown.

Currently, Sesbania tomentosa occurs

on at least six of the eight main

Hawaiian Islands (Kauai, Oahu,

Molokai, Kahoolawe, Maui, and Hawaii)

and in the Northwestern Hawaiian

Islands (Nihoa and Necker). It is no

longer extant on Niihau and Lanai (59

FR 56333; GDSI 2000, USFWS 1999;

HINHP Database 2000). On Molokai,

Sesbania tomentosa is known from

eight populations with an estimated

total of 100 to 150 individuals. Three of

the populations occur from Moomomi to

Nenehanaupo and five from Kamiloloa

to Makolekau on State and privately

owned lands (HINHP Database 2000;

GDSI 2000).

Sesbania tomentosa is found in

Scaevola sericea coastal dry shrubland

on windswept slopes, sea cliffs and

weathered basaltic slopes between sea

level and 579 m (0 and 1,900 ft)

elevation (HINHP Database 2000).

Associated plant species include

Lipochaeta integrifolia, Jacquemontia

sandwicensis, Sida fallax, and Dodonea

viscosa (HINHP Database 2000; USFWS

1999).

The primary threats to Sesbania

tomentosa on Molokai are competition

with various non-native plant species

such as Lantana camara, and grass

species; habitat degradation by feral

cattle; lack of adequate pollination; seed

predation by rats, mice and, potentially,

non-native insects; and destruction by

random environmental events (e.g., fire)

and by human activities (e.g., use of offroad vehicles) (59 FR 56333; USFWS

1999).

Silene lanceolata (no common name)

Silene lanceolata, a member of the

pink family, is an upright, perennial

plant with stems 15 to 50 cm (6 to 20

in) long, which are woody at the base.

The narrow leaves are smooth except for

a fringe of hairs near the base. Flowers

are arranged in open clusters. The

flowers are white with deeply-lobed,

clawed petals. The capsule opens at the

top to release reddish-brown seeds. This

species is distinguished from S.

alexandri, the only other member of the

genus found on Molokai, by its smaller

flowers and capsules and its stamens,

which are shorter than the sepals

(Wagner et al. 1999).

Currently, no life history information

is available for this species (USFWS

1996a).

The historical range of Silene

lanceolata includes five Hawaiian

83172 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Islands: Kauai, Oahu, Molokai, Lanai,

and Hawaii Island. Silene lanceolata is

presently extant on the islands of

Molokai, Oahu, and Hawaii. On

Molokai, a single population of

approximately 100 individuals was

found in 1987 on private land near Puu

Kolekole (K. Wood, in litt. 1999; GDSI

2000; USFWS 1996a).

On Molokai, this species grows on

cliff faces and ledges of gullies in dry to

mesic shrubland at an elevation of about

800 m (2,600 ft) (USFWS 1996a).

Associated native plant species include

Dodonea viscosa, Styphelia

tameiameiae, and Dubautia linearis (K.

Wood, in litt. 1999).

Habitat destruction by feral ungulates

(goats and pigs), wildfires, and

competition by invading non-native

plants are immediate threats to Silene

lanceolata on Molokai (57 FR 46325;

USFWS 1996a).

Spermolepis hawaiiensis (no common

name) 

Spermolepis hawaiiensis, a member of

the parsley family (Apiaceae), is a

slender annual herb with few branches.

Its leaves, dissected into narrow, lanceshaped divisions, are oblong to

somewhat oval in outline and grow on

stalks. Flowers are arranged in a loose,

compound umbrella-shaped

inflorescence arising from the stem,

opposite the leaves. Spermolepis

hawaiiensis is the only member of the

genus native to Hawaii. It is

distinguished from other native

members of the family by being a nonsucculent annual with an umbrellashaped inflorescence (Constance and

Affolter 1999).

Little is known about the life history

of Spermolepis hawaiiensis.

Reproductive cycles, longevity, specific

environmental requirements, and

limiting factors are unknown (USFWS

1999).

Historically, Spermolepis hawaiiensis

was known from Kauai, Oahu, Lanai

and the island of Hawaii (HINHP

Database 2000). Currently, it is extant on

Kauai, Oahu, Molokai, Lanai, Maui, and

Hawaii (GDSI 2000; 59 FR 56333;

HINHP Database 2000). On Molokai,

there is one known population with

approximately 600 individuals on

privately owned land in Kamalo

(HINHP Database 2000; GDSI 2000;

USFWS 1999).

Spermolepis hawaiiensis is known

from shady spots in Dodonea viscosa

lowland dry shrubland, at an elevation

of 219 m (720 ft). Associated plant

species include Eragrostis variabilis,

Lipochaeta lavarum (nehe), Sida fallax,

Myoporum sandwicensis (naio),

Santalum ellipticum, and Heteropogon

contortus (HINHP Database 2000;

USFWS 1999).

The primary threats to Spermolepis

hawaiiensis on Molokai are habitat

degradation by feral goats; competition

with various non-native plants such as

Melinis minutiflora, Lantana camara,

and grasses; and habitat destruction and

extinction due to natural environmental

events such as erosion, landslides, and

rockslides due to natural weathering (59

FR 56333; USFWS 1999).

Vigna o-wahuensis (no common name)

Vigna o-wahuensis, a member of the

pea family (Fabaceae), is a slender

twining perennial herb with fuzzy

stems. Each leaf is made up of three

leaflets which vary in shape from round

to linear, and are sparsely or moderately

covered with coarse hairs. Flowers, in

clusters of one to four, have thin,

translucent, pale yellow or greenish

yellow petals. The two lowermost petals

are fused and appear distinctly beaked.

The sparsely hairy calyx has

asymmetrical lobes. The fruits are long

slender pods that may or may not be

slightly inflated and contain 7 to 15 gray

to black seeds. This species differs from

others in the genus by its thin yellowish

petals, sparsely hairy calyx, and thin

pods which may or may not be slightly

inflated (Geesink et al. 1999).

Additional information on the life

history of this plant, reproductive

cycles, longevity, specific

environmental requirements, and

limiting factors are generally unknown

(USFWS 1999).

Historically, Vigna o-wahuensis was

known from Niihau, Oahu, and Maui

(HINHP Database 2000). Currently,

Vigna o-wahuensis is known from the

islands of Molokai, Lanai, Kahoolawe,

Maui, and Hawaii (HINHP Database

2000). There are no currently known

populations on Niihau or Oahu. On

Molokai, two populations with

approximately 16 individuals occur on

privately owned lands at Onini Gulch

and Makolelau (GDSI 2000).

On Molokai, Vigna o-wahuensis

occurs in dry to mesic grassland and

shrubland from 207 to 256 m (680 to

840 ft) in elevation (Geesink et al. 1999;

HINHP Database 2000). Associated plant

species include Chenopodium

oahuense, Cyperus laevigatus,

Eragrostis variabilis, Heteropogon

contortus, Ipomoea sp. (morning glory),

Scaevola sericea, Sida fallax, Vitex

rotundifolia (kolokolo kahakai),

Dodonea viscosa, and Styphelia

tameiameiae (HINHP Database 2000;

USFWS 1999).

The primary threats to Vigna owahuensis on Molokai are competition

with various non-native plant species;

and a risk of extinction due to random

environmental events (primarily fire),

and/or reduced reproductive vigor due

to the small number of existing

populations and individuals (USFWS

1999; 59 FR 56333).

Zanthoxylum hawaiiense (ae)

Zanthoxylum hawaiiense, a long lived

perennial, is a medium-size tree with

pale to dark gray bark, and lemonscented leaves in the rue family

(Rutaceae). Alternate leaves are

composed of three small triangular-oval

to lance-shaped, toothed leaves (leaflets)

with surfaces usually without hairs.

Zanthoxylum hawaiiense is

distinguished from other Hawaiian

members of the genus by several

characters: three leaflets all of similar

size, one joint on lateral leaf stalk, and

sickle-shape fruits with a rounded tip

(Stone et al. 1999).

Additional information on the life

history of this plant, reproductive

cycles, longevity, specific

environmental requirements, and

limiting factors are generally unknown

(USFWS 1996b).

Historically, Zanthoxylum hawaiiense

was known from the islands of Kauai,

Molokai, Lanai, southern and

southwestern slopes of Haleakala on

Maui, and Hawaii. Currently,

Zanthoxylum hawaiiense is extant on

Kauai, Molokai, Maui, and Hawaii. On

Molokai, the two extant populations

with a total of five individuals are

located at Makolelau and Puu Hoi Ridge

on private and State lands (HINHP

Database 2000; GDSI 2000).

On Molokai, Zanthoxylum hawaiiense

is found in mesic Metrosideros

polymorpha or Diospyros sandwicensis

lowland dry forest with Nestegis

sandwicensis and Pleomele auwahiensis

at elevations between 182 and 256 m

(600 to 840 ft) (Stone et al. 1999; 59 FR

10305; HINHP Database 2000).

Associated species include Pisonia sp.,

Xylosma hawaiiensis, Santalum

ellipticum, Alphitonia ponderosa

(kauila), Osteomeles anthyllidifolia,

Alectryon macrococcus (mahoe),

Charpentiera sp. (papala), Melicope sp.,

Dodonea viscosa, Streblus pendulinus,

Myrsine lanaiensis (kolea), and Sophora

chrysophylla (HINHP Database 2000).

The threats to Zanthoxylum

hawaiiense on Molokai include

browsing, grazing, and trampling by

feral goats; competition with non-native

plant species; habitat degradation and

destruction by humans, and extinction

from naturally occurring events

(primarily fire) and/or from reduced

reproductive vigor due to the small

number of individuals and populations

(59 FR 10305; USFWS 1996b).

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83173

A summary of populations and

landownership for these 40 plant

species on Molokai is given in Table 3.

TABLE 3.—SUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 40 SPECIES ON MOLOKAI.

Species Number of current populations

Landownership

Federal State Private

Adenophorus periens ............................................................................... 1 .......................... .......................... X

Alectryon macrococcus ............................................................................ 6 .......................... X X

Bidens wiebkei ......................................................................................... 3 .......................... X X

Brighamia rockii ....................................................................................... 5 .......................... X X

Canavalia molokaiensis ........................................................................... 7 .......................... X* X

Centaurium sebaeoides ........................................................................... 2 X .......................... X

Clermontia oblongifolia brevipes ssp. ...................................................... 1 .......................... .......................... X

Ctenitis squamigera ................................................................................. 1 .......................... .......................... X

Cyanea dunbarii ....................................................................................... 1 .......................... X ..........................

Cyanea grimesiana ssp. grimesiana ....................................................... 3 .......................... X X

Cyanea mannii ......................................................................................... 9 .......................... X X

Cyanea procera ....................................................................................... 5 .......................... X X

Diellia erecta ............................................................................................ 4 .......................... X X

Hedyotis mannii ....................................................................................... 1 .......................... .......................... X

Hesperomannia arborescens ................................................................... 1 .......................... X ..........................

Hibiscus arnottianus ssp. immaculatus ................................................... 2 .......................... X X

Ischaemum byrone .................................................................................. 2 .......................... X X

Labordia triflora ........................................................................................ 1 .......................... .......................... X

Lysimachia maxima ................................................................................. 1 .......................... .......................... X

Mariscus fauriei ........................................................................................ 1 .......................... X ..........................

Marsilea villosa ........................................................................................ 4 .......................... X X

Melicope mucronulata .............................................................................. 1 .......................... X X

Melicope reflexa ....................................................................................... 3 .......................... X X

Neraudia sericea ...................................................................................... 1 .......................... .......................... X

Peucedanum sandwicense ...................................................................... 5 .......................... X* X

Phyllostegia mannii .................................................................................. 1 .......................... .......................... X

Plantago princeps .................................................................................... 1 .......................... .......................... X

Platanthera holochila ............................................................................... 1 .......................... .......................... X

Pritchardia munroi .................................................................................... 1 .......................... .......................... X

Schiedea lydgatei .................................................................................... 2 .......................... X X

Schiedea nuttallii ...................................................................................... 1 .......................... .......................... X

Schiedea sarmentosa .............................................................................. 2 .......................... X X

Sesbania tomentosa ................................................................................ 8 .......................... X X

Silene alexandri ....................................................................................... 1 .......................... .......................... X

Silene lanceolata ..................................................................................... 1 .......................... .......................... X

Spermolepis hawaiiensis ......................................................................... 1 .......................... .......................... X

Stenogyne bifida ...................................................................................... 4 .......................... X X

Tetramolopium rockii ............................................................................... 3 .......................... X* X

Vigna o-wahuensis .................................................................................. 2 .......................... .......................... X

Zanthoxylum hawaiiense ......................................................................... 2 .......................... X X

*Some populations are on State land that is managed by the National Park Service at Kalaupapa National Historical Park.

Previous Federal Action

Federal action on these plants began

as a result of Section 12 of the Act,

which directed the Secretary of the

Smithsonian Institution to prepare a

report on plants considered to be

endangered, threatened, or extinct in the

United States. This report, designated as

House Document No. 94–51, was

presented to Congress on January 9,

1975. In that document, Adenophorus

periens, Alectryon macrococcus (as

Alectryon macrococcum var.

macrococcum and Alectryon mahoe),

Bidens wiebkei, Brighamia rockii,

Canavalia molokaiensis, Hedyotis

mannii (as Hedyotis thyrsoidea var.

thyrsoidea), Hesperomannia

arborescens (as Hesperomannia

arborescens var. bushiana and var.

swezeyi), Hibiscus arnottianus ssp.

immaculatus (as Hibiscus

immaculatus), Ischaemum byrone,

Marsilea villosa, Melicope reflexa (as

Pelea reflexa), Neraudia sericea (as

Neraudia kahoolawensis), Peucedanum

sandwicense (as Peucedanum

kauaiense), Plantago princeps (as

Plantago princeps var. elata, var.

laxifolia, var. princeps), Pritchardia

munroi (as Pritchardia munroii),

Sesbania tomentosa (as Sesbania hobdyi

and Sesbania tomentosa var.

tomentosa), Silene alexandri, Silene

lanceolata, Vigna o-wahuensis (as Vigna

sandwicensis var. heterophylla and var.

sandwicensis), and Zanthoxylum

hawaiiense (as Zanthoxylum hawaiiense

var. citiodora) were considered

endangered; Diellia erecta and

Zanthoxylum hawaiiense (as

Zanthoxylum hawaiiense var.

hawaiiense and var. velutinosum) were

considered threatened; and, Labordia

triflora, Melicope mucronulata (as Pelea

mucronulata), Plantago princeps (as

Plantago princeps var. acaulis, var.

denticulata, and var. queleniana), and

Tetramolopium rockii were considered

to be extinct. On July 1, 1975, we

published a notice in the Federal

Register (40 FR 27823) of our

acceptance of the Smithsonian report as

a petition within the context of Section

4(c)(2) (now Section 4(b)(3)) of the Act,

and giving notice of our intention to

review the status of the plant taxa

named therein. As a result of that

review, on June 16, 1976, we published

83174 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

a proposed rule in the Federal Register

(41 FR 24523) to determine endangered

status pursuant to Section 4 of the Act

for approximately 1,700 vascular plant

taxa, including all of the above taxa

except Labordia triflora. The list of

1,700 plant taxa was assembled on the

basis of comments and data received by

the Smithsonian Institution and the

Service in response to House Document

No. 94–51 and the July 1, 1975, Federal

Register publication.

General comments received in

response to the 1976 proposal are

summarized in an April 26, 1978,

Federal Register publication (43 FR

17909). In 1978, amendments to the Act

required that all proposals over two

years old be withdrawn. A one-year

grace period was given to proposals

already over two years old. On

December 10, 1979, we published a

notice in the Federal Register (44 FR

70796) withdrawing the portion of the

June 16, 1976, proposal that had not

been made final, along with four other

proposals that had expired. The Service

published updated notices of review for

plants on December 15, 1980 (45 FR

82479), September 27, 1985 (50 FR

39525), February 21, 1990 (55 FR 6183),

September 30, 1993 (58 FR 51144), and

February 28, 1996 (61 FR 7596), and

September 19, 1977 (62 FR 49398). A

summary of the status categories for

these 40 plant species in the 1980–1996

notices of review can be found in Table

4(a). We listed the 40 species as

endangered or threatened between 1991

and 1999. A summary of the listing

actions can be found in Table 4(b).

TABLE 4(a).—SUMMARY OF CANDIDACY STATUS FOR 40 PLANT SPECIES ON MOLOKAI

Species

Federal Register Notice of Review

1980 1985 1990 1993 1996

Adenophorus periens ........................................................... C1 C1 C1

Alectryon macrococcus ........................................................ C1 C1 C1

Bidens wiebkei ..................................................................... C1 C1 C1

Brighamia rockii ................................................................... C1 C1 C1

Canavalia molokaiensis ....................................................... C1 C1 C1

Centaurium sebaeoides ....................................................... ........................ ........................ C1

Clermontia oblongifolia ssp. brevipes .................................. ........................ ........................ C1

Ctenitis squamigera ............................................................. C1 C1 C1

Cyanea dunbarii.

Cyanea grimesiana ssp. grimesiana ................................... C1 C1 ........................ C2

Cyanea mannii ..................................................................... ........................ ........................ C1

Cyanea procera ................................................................... ........................ ........................ C1*

Diellia erecta ........................................................................ C1 C1 C1

Hedyotis mannii ................................................................... C1* C1* C1

Hesperomannia arborescens ............................................... C1 C1 C1

Hibiscus arnottianus ssp. immaculatus ............................... C1 C1 C1

Ischaemum byrone .............................................................. C1 C1 C1

Labordia triflora .................................................................... C2 C2 ........................ ........................ C

Lysmachia maxima .............................................................. ........................ ........................ C2 C2

Mariscus fauriei .................................................................... ........................ ........................ C1

Marsilea villosa .................................................................... C1 C1 C1

Melicope mucronulata .......................................................... C1 C1 C1

Melicope reflexa ................................................................... C1 C1 C1

Neraudia sericea .................................................................. 3A 3A C1

Peucedanum sandwicense .................................................. C2 C2 C2

Phyllostegia mannii .............................................................. ........................ ........................ C1

Plantago princeps ................................................................ C2 C2 C1

Platanthera holochila ........................................................... C1 C1 C1 C2

Pritchardia munroi ................................................................ C1 C1 C1

Schiedea lydgatei ................................................................. ........................ C1 C1

Schiedea nuttallii .................................................................. ........................ ........................ ........................ C2

Schiedea sarmentosa .......................................................... ........................ ........................ C2 C2

Sesbania tomentosa ............................................................ C1* C1* C1

Silene alexandri ................................................................... C1 C1 C1

Silene lanceolata .................................................................. C1 C1 C1

Spermolepis hawaiiensis ..................................................... ........................ ........................ C1

Stenogyne bifida .................................................................. ........................ ........................ C1

Tetramolopium rockii ............................................................ C1 C1 C1

Vigna o-wahuensis ............................................................... C1 C1 C1

Zanthoxylum hawaiiense ..................................................... C1 C1 C1

Key:

C: Taxa for which the Service has on file sufficient information on the biological vulnerability and threat(s) to support proposals to list them as

endangered or threatened species. (The 1996 Notice of Review discontinued the use of different categories of candidates (as described below;

candidates were redefined as species meeting the definition of former C1 species.)

C1: Taxa for which the Service has on file enough sufficient information on biological vulnerability and threat(s) to support proposals to list

them as endangered or threatened species.

C1*: Taxa of known vulnerable status in the recent past that may already have become extinct.

C2: Taxa for which there is some evidence of vulnerability, but for which there are not enough data to support listing proposals at this time.

3A: Taxa for which the Service has persuasive evidence of extinction. If rediscovered, such taxa might acquire high priority for listing.

Federal Register Notices of Review

1980: 45 FR 82479

1985: 50 FR 39525

1990: 55 FR 6183

1993: 58 FR 51144

1996: 61 FR 7596

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83175

Section 4(a)(3) of the Act, as

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, the Secretary designate

critical habitat at the time the species is

determined to be endangered or

threatened. Our regulations (50 CFR

424.12(a)(1)) state that designation of

critical habitat is not prudent when one

or both of the following situations exist:

(1) The species is threatened by taking

or other human activity, and

identification of critical habitat can be

expected to increase the degree of threat

to the species, or (2) such designation of

critical habitat would not be beneficial

to the species. At the time each plant

was listed, we determined that

designation of critical habitat was

prudent for one of these plants

(Labordia triflora) and not prudent for

the other 39 plants because it would not

benefit the plant and/or would increase

the degree of threat to the species.

The not prudent determinations were

challenged in Conservation Council for

Hawaii v. Babbitt. 2 F. Supp. 2d 1280

(D. Haw. 1998). On March 9, 1998, the

United States District Court for the

District of Hawaii (the Court) directed

us to review the prudency

determinations for 245 listed plant

species in Hawaii, including these 39

species. Among other things, the Court

held that in most cases we did not

sufficiently demonstrate that the species

are threatened by human activity or that

such threats would increase with the

designation of critical habitat. The Court

also held that we failed to balance any

risks of designating critical habitat

against any benefits (Id. at 1283–1285).

TABLE 4(b).—SUMMARY OF LISTING ACTIONS FOR 40 PLANT SPECIES ON MOLOKAI

Species Federal

status

Proposed rule Final rule

Date Federal

Register Date FederalRegister

Adenophorus periens ...................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Alectryon macrococcus ................................................................... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772

Bidens wiebkei ................................................................................ E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Brighamia rockii .............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Canavalia molokaiensis .................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Centaurium sebaeoides .................................................................. E 09/28/90 55 FR 39664 10/29/91 56 FR 55770

Clermontia oblongifolia ssp. brevipes ............................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Ctenitis squamigera ........................................................................ E 06/24/93 58 FR 34231 09/09/94 59 FR 49025

Cyanea dunbarii .............................................................................. E 10/02/95 60 FR 51436 10/10/96 61 FR 53130

Cyanea grimesiana ssp. grimesiana .............................................. E 10/02/95 60 FR 51417 10/10/96 61 FR 53108

Cyanea mannii ................................................................................ E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Cyanea procera .............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Diellia erecta ................................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Hedyotis mannii .............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Hesperomannia arborescens .......................................................... E 10/14/92 57 FR 47028 03/28/94 59 FR 14482

Hibiscus arnottianus ssp. immaculatus .......................................... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Ischaemum byrone ......................................................................... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305

Labordia triflora ............................................................................... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307

Lysmachia maxima ......................................................................... E 10/02/95 60 FR 51436 10/10/96 61 FR 53130

Mariscus fauriei ............................................................................... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305

Marsilea villosa ............................................................................... E 02/15/91 56 FR 6349 06/22/92 57 FR 27863

Melicope mucronulata ..................................................................... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772

Melicope reflexa .............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Neraudia sericea ............................................................................. E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Peucedanum sandwicense ............................................................. T 10/30/91 56 FR 55862 02/25/94 59 FR 9304

Phyllostegia mannii ......................................................................... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Plantago princeps ........................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Platanthera holochila ...................................................................... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108

Pritchardia munroi ........................................................................... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Schiedea lydgatei ........................................................................... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Schiedea nuttallii ............................................................................. E 10/02/95 60 FR 51417 10/10/96 61 FR 53108

Schiedea sarmentosa ..................................................................... E 10/02/95 60 FR 51436 10/10/96 61 FR 53130

Sesbania tomentosa ....................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Silene alexandri .............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Silene lanceolata ............................................................................ E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Spermolepis hawaiiensis ................................................................ E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Stenogyne bifida ............................................................................. E 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Tetramolopium rockii ...................................................................... T 09/20/91 56 FR 47718 10/08/92 57 FR 46325

Vigna o-wahuensis ......................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Zanthoxylum hawaiiense ................................................................ E 12/17/92 57 FR 59951 03/04/94 59 FR 10305

Key:

E=Endangered

T=Threatened

Regarding our determination that

designating critical habitat would have

no additional benefits to the species

above and beyond those already

provided through the section 7

consultation requirement of the Act, the

Court ruled that we failed to consider

the specific effect of the consultation

requirement on each species (Id. at

1286–88). In addition, the Court stated

that we did not consider benefits

outside of the consultation

requirements. In the Court’s view, these

potential benefits include substantive

and procedural protections. The Court

83176 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

held that substantively, designation

establishes a ‘‘uniform protection plan’’

prior to consultation and indicates

where compliance with section 7 of the

Act is required. Procedurally, the Court

stated that the designation of critical

habitat educates the public and State

and local governments and affords them

an opportunity to participate in the

designation (Id. at 1288). The Court also

stated that private lands may not be

excluded from critical habitat

designation even though section 7

requirements apply only to Federal

agencies. In addition to the potential

benefit of informing the public and State

and local governments of the listing and

of the areas that are essential to the

species’ conservation, the Court found

that there may be Federal activity on the

private property in the future, even

though no such activity may be

occurring there at the present (Id. at

1285–88).

On August 10, 1998, the Court

ordered us to publish proposed critical

habitat designations or non-designations

for at least 100 species by November 30,

2000, and to publish proposed

designations or non-designations for the

remaining 145 species by April 30, 2002

(24 F. Supp. 2d 1074).

At the time we listed Labordia triflora

(64 FR 48307) we determined that

designation of critical habitat was

prudent and that we would develop

critical habitat designations for this

taxon, along with nine others, at the

same time we developed designations

for the 245 Hawaiian plant species. This

timetable was challenged in

Conservation Council for Hawaii v.

Babbitt. Civ. No. 99–00283 HG (D. Haw.

Aug. 19, 1999, Feb. 16, 2000, and March

28, 2000). The Court agreed, however,

that it was reasonable for us to integrate

these ten Maui Nui (Maui, Lanai,

Molokai, and Kahoolawe) plant taxa

into the schedule established for

designating critical habitat for the other

245 Hawaiian plants, and ordered us to

publish proposed critical habitat

designations for the ten Maui Nui

species by November 30, 2000, and to

publish final critical habitat

designations by November 30, 2001.

This notice responds to the Court

orders.

On November 30, 1998, we published

a notice in the Federal Register

requesting public comments on our

reevaluation of whether designation of

critical habitat is prudent for the 245

Hawaiian plants at issue (63 FR 65805).

The comment period closed on March 1,

1999, and was reopened from March 24,

1999, to May 24, 1999 (64 FR 14209).

We received over 100 responses from

individuals, non-profit organizations,

the State of Hawaii’s Division of

Forestry and Wildlife, county

governments, and Federal agencies (U.S.

Department of Defense—Army, Navy,

Air Force). Only a few responses offered

information on the status of individual

plant species or on current management

actions for one or more of the 245

Hawaiian plants. While many of the

respondents expressed support for the

designation of critical habitat for 245

Hawaiian plants, more than 80 percent

opposed the designation of critical

habitat for these plants. In general, these

respondents opposed designation

because they believed it will cause

economic hardship, chill cooperative

projects, polarize relationships with

hunters, or potentially increase trespass

or vandalism on private lands. In

addition, commenters also cited a lack

of information on the biological and

ecological needs of these plants which,

they suggested, may lead to designation

based on guesswork. The respondents

who supported the designation of

critical habitat cited that designation

will: provide a uniform protection plan

for the Hawaiian Islands; promote

funding for management of these plants;

educate the public and State

government; and protect partnerships

with landowners and build trust.

On February 18, 2000, we mailed

letters to over 100 landowners on the

island of Molokai requesting any

information considered germane to the

management of any of the 255 plants on

his/her property, and containing a copy

of the November 30, 1998, Federal

Register notice, a map showing the

general locations of the plants that may

be on his/her property, and a handout

containing general information on

critical habitat. We received 25 written

responses to our landowner mailing

with varying types of information on

their current land management

activities. Some landowners reported

that they are not conducting

conservation management actions on

their lands while others provided

information on various activities such as

fencing, weeding, ungulate control,

hunting, control of human access,

scientific research, fire control, and

propagation and/or planting of native

plants. We held one open house on the

island of Molokai, at the Mitchell

Pauole Community Center, on March

15, 2000, to meet one-on-one with local

landowners and other interested

members of the public. A total of 14

people attended the open house. In

addition we met with Maui County

Division of Forestry and Wildlife staff

and discussed their management

activities on Molokai.

On November 7, 2000, we published

the first of the court-ordered prudency

determinations and proposed critical

habitat designations for Kauai and

Niihau plants (65 FR 66808). The

prudency determinations and proposed

critical habitat designations for Maui

and Kahoolwe plants were published on

December 18, 2000 (65 FR 79192), and

for Lanai plants on December 27, 2000.

In those proposals we determined that

critical habitat was prudent for 19

species (Adenophorus periens,

Alectryon macrococcus, Centarium

sebaeoides, Ctenitis squamigera, Cyanea

grimesiana ssp. grimesiana, Diellia

erecta, Hedyotis mannii,

Hesperomannia arborescens,

Ischaemum byrone, Melicope

mucronulata, Neraudia sericea,

Peucedanum sandwicense, Plantago

princeps, Platanthera holochila,

Schiedea nuttallii, Sesbania tomentosa,

Spermolepis hawaiiensis, Vignaowahuensis, and Zanthoxylum

hawaiiense) that occur on Molokai as

well as on Kauai, Niihau, Maui,

Kahoolawe, and/or Lanai.

Critical Habitat

Critical habitat is defined in section 3

of the Act as—(i) the specific areas

within the geographic area occupied by

a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection; and (ii) specific areas

outside the geographic area occupied by

a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures that are

necessary to bring an endangered or a

threatened species to the point at which

listing under the Act is no longer

necessary.

Critical habitat receives protection

under section 7 of the Act through the

prohibition against destruction or

adverse modification of critical habitat

with regard to actions carried out,

funded, or authorized by a Federal

agency. Section 7 also requires

conferences on Federal actions that are

likely to result in the destruction or

adverse modification of proposed

critical habitat. In our regulations at 50

CFR 402.02, we define destruction or

adverse modification as ‘‘* * * the

direct or indirect alteration that

appreciably diminishes the value of

critical habitat for both the survival and

recovery of a listed species. Such

alterations include, but are not limited

to, alterations adversely modifying any

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83177

of those physical or biological features

that were the basis for determining the

habitat to be critical.’’ Aside from the

added protection that may be provided

under section 7, the Act does not

provide other forms of protection to

lands designated as critical habitat.

Because consultation under section 7 of

the Act does not apply to activities on

private or other non-Federal lands that

do not involve a Federal nexus, critical

habitat designation would not afford

any additional protections under the

Act against such activities.

In order to be included in a critical

habitat designation, the habitat must

first be ‘‘essential to the conservation of

the species.’’ Critical habitat

designations identify, to the extent

known using the best scientific and

commercial data available, habitat areas

that provide essential life cycle needs of

the species (i.e., areas on which are

found the primary constituent elements,

as defined at 50 CFR 424.12(b)).

Section 4 requires that we designate

critical habitat at the time of listing and

based on what we know at the time of

the designation. When we designate

critical habitat at the time of listing or

under short court—ordered deadlines,

we will often not have sufficient

information to identify all areas of

critical habitat. We are required,

nevertheless, to make a decision and

thus must base our designations on

what, at the time of designation, we

know to be critical habitat.

Within the geographic area occupied

by the species, we will designate only

areas currently known to be essential.

Essential areas should already have the

features and habitat characteristics that

are necessary to sustain the species. We

will not speculate about what areas

might be found to be essential if better

information became available, or what

areas may become essential over time. If

the information available at the time of

designation does not show that an area

provides essential life cycle needs of the

species, then the area should not be

included in the critical habitat

designation. Within the geographic area

occupied by the species, we will not

designate areas that do not now have the

primary constituent elements , as

defined at 50 CFR 424.12(b), that

provide essential life cycle needs of the

species.

Our regulations state that, ‘‘The

Secretary shall designate as critical

habitat areas outside the geographic area

presently occupied by the species only

when a designation limited to its

present range would be inadequate to

ensure the conservation of the species.’’

(50 CFR 424.12(e)). Accordingly, when

the best available scientific and

commercial data do not demonstrate

that the conservation needs of the

species require designation of critical

habitat outside of occupied areas, we

will not designate critical habitat in

areas outside the geographic area

occupied by the species.

The Service’s Policy on Information

Standards Under the Endangered

Species Act, published in the Federal

Register on July 1, 1994 (Vol.59, p.

34271), provides criteria, establishes

procedures, and provides guidance to

ensure that decisions made by the

Service represent the best scientific and

commercial data available. It requires

Service biologists, to the extent

consistent with the Act and with the use

of the best scientific and commercial

data available, to use primary and

original sources of information as the

basis for recommendations to designate

critical habitat. When determining

which areas are critical habitat, a

primary source of information should be

the listing package for the species.

Additional information may be obtained

from a recovery plan, articles in peerreviewed journals, conservation plans

developed by states and counties,

scientific status surveys and studies,

and biological assessments or other

unpublished materials (i.e., gray

literature).

Habitat is often dynamic, and species

may move from one area to another over

time. Furthermore, we recognize that

designation of critical habitat may not

include all of the habitat areas that may

eventually be determined to be

necessary for the recovery of the

species. For these reasons, all should

understand that critical habitat

designations do not signal that habitat

outside the designation is unimportant

or may not be required for recovery.

Areas outside the critical habitat

designation will continue to be subject

to conservation actions that may be

implemented under section 7(a)(1) and

to the regulatory protections afforded by

the section 7(a)(2) jeopardy standard

and the section 9 take prohibition, as

determined on the basis of the best

available information at the time of the

action. We specifically anticipate that

federally funded or assisted projects

affecting listed species outside their

designated critical habitat areas may

still result in jeopardy findings in some

cases. Similarly, critical habitat

designations made on the basis of the

best available information at the time of

designation will not control the

direction and substance of future

recovery plans, habitat conservation

plans, or other species conservation

planning efforts if new information

available to these planning efforts calls

for a different outcome.

A. Prudency Redeterminations

As previously stated, designation of

critical habitat is not prudent when one

or both of the following situations exist:

(i) The species is threatened by taking

or other human activity, and

identification of critical habitat can be

expected to increase the degree of such

threat to the species; or (ii) such

designation of critical habitat would not

be beneficial to the species (50 CFR

424.12(a)(1)).

To determine whether critical habitat

would be prudent for each of the 20

species at issue, we analyzed the

potential threats and benefits for each

species in accordance with the court’s

order. Due to low numbers of

individuals and/or populations and

their inherent immobility, the 20 plants

may be vulnerable to unrestricted

collection, vandalism, or disturbance.

We have examined the evidence

currently available for each of these taxa

and have found specific evidence of

taking, vandalism, collection or trade for

one species of Pritchardia, the native

palm on Molokai. At the time of listing,

we determined that designation of

critical habitat was not prudent for

Pritchardia munroi because it would

increase the degree of threat from

vandalism or collecting, and would

provide no benefit (57 FR 46325).

Recently we received information on the

commercial trade in palms conducted

through the internet (Grant Canterbury,

USFWS, in litt. 2000). Several nurseries

advertise and sell seedlings and young

plants, including 13 species of Hawaiian

Pritchardia. Seven of these species are

federally protected, including

Pritchardia munroi. In light of this

information, we believe that designation

of critical habitat would likely increase

the threat from vandalism or collection

to this species of Pritchardia on

Molokai. First, it is easy to identify, and

second, it may be attractive to collectors

of rare palms either for their personal

use or to trade or sell for personal gain

(Johnson 1996). We believe that the

evidence shows that this species of

palm may be attractive to such

collectors. The final listing rule for this

species contained only general

information on its distribution, but the

publication of precise maps and

descriptions of critical habitat in the

Federal Register would make this

species more vulnerable to incidents of

vandalism or collection, and therefore,

make recovery more difficult and

contribute to the decline of this species

(57 FR 46325).

83178 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

In addition, we believe that

designation would not provide

significant benefits that would outweigh

these increased risks. First, Pritchardia

munroi does not occur on Federal land.

The private land where it is found is

zoned for agriculture, though the single

tree has been fenced (HINHP Database

2000). In addition, this species is found

in a small ravine in an area that is

remote and inaccessible to standard

vehicles. It is, therefore, unlikely that

the land on which it is found will be

developed. Since there does not appear

to be any actions in the future that

would involve a Federal agency,

designation of critical habitat would not

provide any additional protection to the

species that it does not already have

through listing alone. If however in the

future any Federal involvement did

occur, such as through the permitting

process or funding by the U.S.

Department of Agriculture, the U.S.

Department of Interior, the Corps

through section 404 of the Clean Water

Act, the U.S. Federal Department of

Housing and Urban Development or the

Federal Highway Administration, the

actions would be subject to consultation

under section 7 of the Act.

We acknowledge that critical habitat

designation, in some situations, may

provide some value to the species, for

example, by identifying areas important

for conservation and calling attention to

those areas in need of special

protection. However, for this species,

we believe that the benefits of

designating critical habitat do not

outweigh the potential increased threats

from vandalism or collection. Given all

of the above considerations, we propose

that designation of critical habitat for

Pritchardia munroi is not prudent.

We examined the evidence for the

other 19 taxa and have not, at this time,

found specific evidence of taking,

vandalism, collection or trade of these

taxa or of similarly situated species.

Consequently, while we remain

concerned that these activities could

potentially threaten these 19 plant

species in the future, consistent with

applicable regulations (50 CFR

424.12(a)(1)(i)) and the court’s

discussion of these regulations, we do

not find that any of these species are

currently threatened by taking or other

human activity, which threats would be

exacerbated by the designation of

critical habitat.

In the absence of finding that critical

habitat would increase threats to a

species, if there are any benefits to

critical habitat designation, then a

prudent finding is warranted. The

potential benefits include: (1) Triggering

section 7 consultation in new areas

where it would not otherwise occur

because, for example, it is or has

become unoccupied or the occupancy is

in question; (2) focusing conservation

activities on the most essential areas; (3)

providing educational benefits to State

or county governments or private

entities; and, (4) preventing people from

causing inadvertent harm to the species.

In the case of these 19 species, there

would be some benefits to critical

habitat. The primary regulatory effect of

critical habitat is the section 7

requirement that Federal agencies

refrain from taking any action that

destroys or adversely affects critical

habitat. At least four of these species are

reported from Federal lands or lands

under Federal jurisdiction (Canavalia

molokaiensis, Centaurium sebaeoides,

Peucedanum sandwicense, and

Tetramalopium rockii) (see Table 3),

where most actions would be subject to

section 7. While a majority of these

species are located exclusively on nonFederal lands with limited Federal

activities, there could be Federal actions

affecting these lands in the future.

While a critical habitat designation for

habitat currently occupied by these

species would be unlikely to change the

section 7 consultation outcome because

an action that destroys or adversely

modifies such critical habitat would

also be likely to result in jeopardy to the

species, there may be instances where

section 7 consultation would be

triggered only if critical habitat were

designated. There also may be some

educational or informational benefits to

the designation of critical habitat.

Educational benefits include the

notification of land owners, land

managers, and the general public of the

importance of protecting the habitat of

these species and dissemination of

information regarding their essential

habitat requirements.

Therefore, we propose that critical

habitat is prudent for 19 plant species:

Bidens wiebkei, Brighamia rockii,

Canavalia molokaiensis, Clermontia

oblongifolia ssp. brevipes, Cyanea

dunbarii, Cyanea mannii, Cyanea

procera, Hibiscus arnottianus ssp.

immaculatus, Lysimachia maxima,

Mariscus fauriei, Marsilea villosa,

Melicope reflexa, Phyllostegia mannii,

Schiedea lydgatei, Schiedea

sarmentosa, Silene alexandri, Silene

lanceolata, Stenogyne bifida, and

Tetramolopium rockii.

B. Primary Constituent Elements

In accordance with section 4(b)(2) of

the Act and regulations at 50 CFR

424.12, in determining which areas to

propose as critical habitat, we are

required to base critical habitat

determinations on the best scientific

and commercial data available and to

consider those physical and biological

features that are essential to the

conservation of the species and that may

require special management

considerations or protection. Such

requirements include, but are not

limited to, space for individual and

population growth, and for normal

behavior; food, water, air, light,

minerals, or other nutritional or

physiological requirements; cover or

shelter; sites for breeding, reproduction,

or rearing of offspring, germination, or

seed dispersal; and habitats that are

protected from disturbance or are

representative of the historic

geographical and ecological

distributions of a species.

As stated above in the discussion

about each of the 32 species, very little

is known about the specific physical

and biological requirements of these

species. As such, we are proposing to

define the primary constituent elements

on the basis of general habitat features

of the areas in which the plant species

are currently found, such as the type of

plant community and their physical

location (e.g., steep rocky cliffs, talus

slopes, stream banks) and elevation.

Therefore, the descriptions of the

physical elements of the locations of

each of these species and the plant

community associated with the species,

as described in the SUPPLEMENTARY

INFORMATION: Discussion of the Plant

Taxa section above, constitute the

primary constituent elements for these

species.

C. Methods for Selection of Areas for

Proposed Critical Habitat Designations

Critical habitat is defined as the

specific areas within the geographic area

occupied by the species, at the time it

is listed in accordance with the

provisions of section 4 of the Act, on

which are found those physical and

biological features (I) essential to the

conservation of the species and (II)

which may require special management

considerations or protection (16 U.S.C.

1532(5)(A)(i)). As discussed above, very

little is known about the specific

physical and biological requirements of

most of these 40 species. Therefore, we

have defined primary constituent

elements based on the general habitat

features of the areas in which they

currently occur such as the type of plant

community the plants are growing in,

their physical location (e.g., steep rocky

cliffs, talus slopes, stream banks), and

elevation. The areas we are proposing to

designate as critical habitat provide

some or all of the habitat components

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83179

essential for the conservation of the

plant species.

Critical habitat may also include areas

outside the geographic area presently

occupied by a species upon

determination that such areas are

essential to the conservation of the

species (16 U.S.C. 1532 (5)(A)(ii)). This

may include, for example, potentially

suitable unoccupied habitat that is

important to the recovery of the species.

However, we have not included such

areas in the proposed designations for

these species because of our limited

knowledge of the historical range (the

geographical area outside the area

presently occupied by the species), and

our lack of more detailed information on

the specific physical or biological

features essential for the conservation of

the species that would be needed, for

instance, to determine where to

reintroduce a species.

The historical (pre-1970) or even post1970 records for a species may be based

on herbarium specimens that contain

only the most rudimentary collection

information, such as only the name of

the island from which the specimen was

collected or a general place name (e.g.,

East Molokai, Kamakou, Pelekunu). In

the main Hawaiian Islands, climatic and

ecological conditions such as rainfall,

elevation, slope, aspect, etc., may vary

dramatically within a relatively short

distance. Therefore a simple place name

does not provide adequate information

on the physical and biological features

that may have occurred there or may

occur there now.

The unpredictable distribution of

Hawaiian plant species also makes it

difficult to designate potentially suitable

unoccupied habitat. For example,

currently a species may be known from

northern and southern (or eastern and

western) locations on an island but not

from intervening locations in similar

habitat. Based on the best available

information, we are unable to determine

whether a species once occurred in the

intervening areas and disappeared from

there prior to Polynesian or European

times (thus never having been collected

or documented there) or simply never

occurred there.

We consider reintroduction (the

planting of propagated individuals or

seedlings into an area) to be an

acceptable method to try to achieve

plant species recovery. However, native

plant reintroductions are difficult and

successful efforts are not common. We

do not know enough about these 40

species to identify areas where

reintroductions are likely to be

successful. We will continue to support

experimental efforts to reintroduce

species that may eventually provide us

with additional information on the

physical and biological features

essential to the conservation of these

species, and thus, may eventually result

in identification of unoccupied habitat

for future designation.

As required by the Act and

regulations (section 4 (b) (2) and 50 CFR

424.12) we used the best scientific

information available to determine areas

that contain those physical and

biological features that are essential for

the survival and recovery of the 40 plant

species. This information included sitespecific species information from the

Hawaii Natural Heritage Program

(HINHP) and our rare plant database,

species information from the Center for

Plant Conservation’s (CPC) rare plant

monitoring database housed at the

University of Hawaii’s Lyon Arboretum,

recent biological surveys and reports,

our recovery plans for 39 of these 40

species, discussions with botanical

experts, and recommendations (see

below) from the Hawaii and Pacific

Plant Recovery Coordinating Committee

(HPPRCC) (CPC, in litt. 1999; HINHP

Database 2000, HPPRCC 1998, USFWS

1995a, 1995b, 1996a, 1996b, 1996c,

1997, 1998a, 1998b, 1998c; 1999).

In 1994, the HPPRCC initiated an

effort to identify and map habitat it

believed to be important for the

recovery of 282 endangered and

threatened Hawaiian plant species. The

HPPRCC identified these areas on most

of the islands in the Hawaiian chain,

and in 1999 we published them in our

Recovery Plan for the Multi-Island

Plants (USFWS 1999). The HPPRCC

expects there will be subsequent efforts

to further refine the locations of

important habitat areas and that new

survey information or research findings

may also lead to additional refinements

(HPPRCC 1998).

Because the HPPRCC identified

essential habitat areas for all listed,

proposed, and candidate plant species

and evaluated species of concern to

determine if essential habitat areas

would provide for their habitat needs as

well, the HPPRCC’s mapping of habitat

is distinct from the regulatory

designation of critical habitat, as

defined by the Act. While these habitat

maps are a planning tool to focus

conservation efforts on the areas that

may be most important to the

conservation of Hawaii’s listed plant

species, as well as other plant species of

concern, it does not substitute for the

more exacting regulatory process of

designating critical habitat. Therefore,

the proposed critical habitat

designations in this proposed rule do

not include all of the habitat,

particularly unoccupied habitat,

identified by the HPPRCC.

For these plant species from Molokai,

currently occupied habitat was

examined and critical habitat

boundaries were delineated in such a

way that locations with a high density

of endangered and threatened plants

could be depicted clearly (multi-species

units). However, these multi-species

critical habitat units are not

homogenous or uniform in nature.

Critical habitat units often encompassed

a number of plant community types.

To examine plant occurrences, every

current (post-1970) location of every

species was delineated within a 536 m

(1,760 ft) radius circle with an

additional 50 m (164 ft) added to the

radius of each location, in order to

insure enough area to provide for the

proper ecological functioning of the

habitat immediately supporting the

plant, for a total of 586 m (1,924 ft)

radius. The 536 m (1,760 ft) radius is

consistent with the accuracy of the

mapped locations of the plant(s), and is

based on the standard mapping

methodology for rare species used by

the HINHP (1996). The additional 50 m

(164 ft) is consistent with the guidelines

identified in the recovery plans for these

species for minimum-sized exclosures

for rare plants (USFWS 1995a, 1995b,

1996a, 1996b, 1996c, 1997, 1998a,

1998b, 1998c, 1999). In cases where

there were isolated species locations, a

circular area with a radius of roughly

586 m (1,924 ft) is proposed as critical

habitat (HINHP 1996; USFWS 1995a,

1995b, 1996a, 1996b, 1996c, 1997,

1998a, 1998b, 1998c, 1999).

The manner in which we delineated

each multi-species proposed critical

habitat unit is described below.

—Known current locations of each

species were delineated using the

guidelines explained above (Figure

1(a)).

—The perimeter boundaries of

individual circular areas were

connected to form unit area

boundaries (Figure 1(b)).

—Unit area boundaries were delineated

to follow significant topographic

features (50 CFR 424.12(c)) such as

coastlines, ridgelines, and valleys

(Figure 1(c)).

83180 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

These delineation methods were used

to facilitate identification of boundary

lines and to aid in implementation of

on-the-ground conservation measures.

In delineating critical habitat units we

made an effort to avoid developed areas

such as towns, agricultural lands, and

other lands unlikely to contribute to the

conservation of these 32 species.

Within the critical habitat boundaries,

adverse modification generally would

only occur if the primary constituent

elements are affected. Therefore, not all

activities within critical habitat would

trigger an adverse modification

conclusion. Existing features and

structures within proposed areas, such

as buildings, roads, aqueducts,

telecommunications equipment,

arboreta and gardens, heiaus

(indigenous places of worship or

shrines), and other man-made features,

do not contain, and are not likely to

develop, constituent elements.

Therefore, unless a Federal action

related to such features or structures

indirectly affected nearby habitat

containing the primary constituent

elements, operation and maintenance of

such features or structures generally

would not be impacted by the

designation of critical habitat.

All currently occupied sites

containing one or more of the primary

constituent elements considered

essential to the conservation of these 40

plant species were examined to

determine if additional special

management considerations or

protection are required above those

currently provided. We reviewed all

available management information on

these plants at these sites including

published reports and surveys; annual

performance reports; forestry

management plans; grants; memoranda

of understanding and cooperative

agreements; State of Hawaii, Division of

Forestry and Wildlife (DOFAW)

planning documents; internal letters

and memos; biological assessments and

environmental impact statements; and,

section 7 consultations. Additionally,

each public (i.e., any county, state, or

Federal government office holdings) and

private landowner on Molokai with a

known occurrence of one of the 40

species was contacted by mail. We

reviewed all information received

during the public comment period, in

response to our landowner mailing and

at an open house held in Kaunakakai,

Molokai on March 15, 2000. When

clarification was required on the

information provided to us, we followed

up with a telephone contact.

Pursuant to the definition of critical

habitat in section 3 of the Act, any area

so designated must also require ‘‘special

managment considerations or

protections.’’ Adequate special

management or protection is provided

by a legally operative plan that

addresses the maintenance and

improvement of the essential elements

and provides for the long-term

conservation of the species. The Service

considers a plan adequate when it meets

all of the following three criteria: (1)

The plan provides a conservation

benefit to the species (i.e., the plan must

maintain or provide for an increase in

the species’ population or the

enhancement or restoration of its habitat

within the area covered by the plan; (2)

the plan provides assurances that the

management plan will be implemented

(i.e., those responsible for implementing

the plan are capable of accomplishing

the objectives, have an implementation

schedule and/or have adequate funding

to implement the management plan);

and, (3) the plan provides assurances

the conservation plan will be effective

(i.e., it identifies biological goals, has

provisions for reporting progress, and is

of a duration sufficient to implement the

plan and achieve the plan’s goals and

objectives). If an area is covered by a

plan that meets these criteria, it does not

constitute critical habitat as defined by

the Act.

In determining and weighing the

relative significance of the threats that

would need to be addressed in

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83181

management plans or agreements, we

considered the following:

—The factors that led to the listing of

the species, as described in the final

rules for listing each of the species.

For all or nearly all endangered and

threatened plants in Hawaii, the major

threats include adverse impacts due

to non-native plant and animal

species. Direct browsing, digging, and

trampling by ungulates, including

pigs, goats, cattle, sheep, and deer,

and direct competition from nonnative plants have led to the decline

of Hawaii’s native flora (Cuddihy and

Stone 1990; Loope 1998; Scott et al.

1986; Smith 1985; Stone 1985;

USFWS 1995a, 1995b, 1996a, 1996b,

1996c, 1997, 1998a, 1998b, 1998c,

1999; Vitousek 1992; Wagner et al.

1985). Ungulate activity in most areas

results in an increase of non-native

plants because most of these nonnative plants are able to colonize

newly disturbed areas more quickly

and effectively than Hawaii’s native

plants (Cuddihy and Stone 1990;

Mack 1992; Scott et al. 1986; Smith

1985; Tunison et al. 1992; USFWS

1995a, 1995b,1996a, 1996b, 1996c,

1997, 1998a, 1998b, 1998c; 1999).

—The recommendations from the

HPPRCC in their 1998 report to the

Service (‘‘Habitat Essential to the

Recovery of Hawaiian Plants’’). As

summarized in this report, recovery

goals for endangered Hawaiian plant

species cannot be achieved with

ungulates (e.g., pigs, goats, deer, and

sheep) present in Essential Habitat

Areas.

—The management actions needed for

assurance of survival and ultimate

recovery of Hawaii’s endangered

plants. These actions are described in

the Service’s recovery plans for 39 of

the 40 species (USFWS 1995a, 1995b,

1996a, 1996b, 1996c, 1997, 1998a,

1998b, 1998c, 1999), in the 1998

HPPRCC report to the Service

(HPPRCC 1998), and in various other

documents and publications relating

to plant conservation in Hawaii

(Cuddihy and Stone 1990; MuellerDombois 1985; Smith 1985; Stone

1985; Stone et al. 1992). These actions

include, but are not limited to, the

following: (1) Feral ungulate control;

(2) non-native plant control; (3)

rodent control; (4) invertebrate pest

control; (5) fire control; (6)

maintenance of genetic material of the

endangered and threatened plants

species; (7) propagation;

reintroduction, and/or augmentation

of existing populations into areas

deemed essential for the recovery of

these species; (8) ongoing

management of the wild, outplanted,

and augmented populations; (9)

habitat management and restoration

in areas deemed essential for the

recovery of these species; and (10)

monitoring of the wild, outplanted,

and augmented populations.

In general, taking all of the above

recommended management actions into

account, the following management

actions are ranked in order of

importance. It should be noted,

however, that, on a case-by-case basis,

some of these actions may rise to a

higher level of importance for a

particular species or area, depending on

the biological and physical

requirements of the species and the

location(s) of the individual plants:

—Feral ungulate control;

—Non-native plant control;

—Rodent control;

—Invertebrate pest control;

—Fire control;

—Maintenance of genetic material of the

endangered and threatened plant

species;

—Propagation; reintroduction and/or

augmentation of existing populations

into areas deemed essential for the

recovery of the species;

—Ongoing management of the wild,

outplanted and augmented

populations;

—Maintenance of natural pollinators

and pollinating systems, when

known;

—Habitat management and restoration

in areas deemed essential for the

recovery of the species;

—Monitoring of the wild, outplanted

and augmented populations;

—Rare plant surveys;

—Control of human activities/access.

As shown in Table 3, these 40 species

of plants occur on Federal, State, and

private lands on the island Molokai. In

response to our two public notices,

letters to the landowners, open houses,

and meetings, along with information in

our files, we received varying amounts

and various types of information on the

conservation management actions

occurring on these lands. Some

landowners reported that they are not

conducting conservation management

actions on their lands while others

provided information on various

activities such as fencing, weeding,

ungulate control, hunting, control of

human access, scientific research, fire

control, and propagation and/or

planting of native plants.

Four species (Canavalia molokaiensis,

Centaurium sebaeiodes, Peucedanum

sandwicense, Tetramolopium rockii) are

reported from Kalaupapa National

Historical Park, Molokai (GDSI 2000;

HINHP Database 2000). This national

historical park, which is found on stateowned land, is managed by the National

Park Service under a cooperative

agreement between the State of Hawaii

and the National Park Service (Gary

Barbano, National Park Service, pers.

comm. 2000). Although the National

Park Service conducts some

conservation management actions on

these lands and provides access to

others who are conducting such

activities, there are no comprehensive

management plans for the long-term

conservation of endangered and

threatened plants on these lands and no

assurances that management actions

will be implemented. Therefore, we can

not at this time find that management

on this land under Federal jurisdiction

is adequate to preclude a proposed

designation of critical habitat.

Twenty-three species (Adenophorous

periens, Alectryon macrococcus,

Brighamia rockii, Canavalia

molokaiensis, Clermontia oblongifolia

ssp. brevipes, Ctenitis squamigera,

Cyanea mannii, Cyanea procera, Diellia

erecta, Hedyotis mannii, Lysimachia

maxima, Marsilea villosa, Melicope

mucronulata, Peucedanum

sandwicense, Phyllostegia mannii,

Plantago princeps, Platanthera

holochila, Schiedea nuttallii, Schiedea

sarmentosa, Stenogyne bifida,

Tetramolopium rockii, Vigna owahuense, Zanthoxylum hawaiiense)

are reported from The Nature

Conservancy’s Moomomi, Kamakou,

and Pelekunu Preserves which are

located on the northwest coast

(Moomomi) and in the East Molokai

mountains (Kamakou and Pelekunu)

(GDSI 2000; HINHP database 2000; The

Nature Conservancy of Hawaii (TNCH)

1993, 1994a, 1994b, 1997, 1999a, 1999b,

1999c). Two of the preserves (Moomomi

and Pelekunu) are owned by The Nature

Conservancy while Kamakou was

established by a grant of perpetual

conservation easement from the private

landowner to TNCH. All three preserves

are included in the state’s Natural Area

Partnership (NAP) program which

provides matching funds for the

management of private lands that have

been permanently dedicated to

conservation (TNCH 1993, 1994a,

1994b, 1997, 1999a, 1999b, 1999c).

Under the NAP program, the State of

Hawaii provides matching funds on a

two-for-one basis for management of

private lands dedicated to conservation.

In order to qualify for this program, the

land must be dedicated in perpetuity

through transfer of fee title or a

conservation easement to the State or a

cooperating entity. The land must be

managed by the cooperating entity or a

83182 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

qualified landowner according to a

detailed management plan approved by

the Board of Land and Natural

Resources. Once approved, the six-year

partnership agreement between the

State and the managing entity is

automatically renewed each year so that

there is always six years remaining in

the term, although the management plan

is updated and funding amounts are reauthorized by the board at least every

six years. By April 1 of any year the

managing partner may notify the state

that it does not intend to renew the

agreement; however, in such case the

partnership agreement remains in effect

for the balance of the existing six year

term, and the conservation easement

remains in full effect in perpetuity. The

conservation easement may be revoked

by the landowner only if state funding

is terminated without the concurrence

of the landowner and cooperating

entity. Prior to terminating funding, the

State must conduct one or more public

hearings. The NAP program is funded

through real estate conveyance taxes

which are placed in a Natural Area

Reserve Fund. Participants in the NAP

program must provide annual reports to

the Department of Land and Natural

Resources (DLNR) and DLNR makes

annual inspections of the work in the

reserve areas. See Haw. Rev. Stat.

§§ 195–1–195–11; Hawaii

Administrative Rules § 13–210.

Management programs within the

preserves are documented in long-range

management plans and yearly

operational plans. These plans detail

management measures that protect,

restore, and enhance the rare plants and

their habitats within the preserves and

in adjacent areas (TNCH 1993, 1994a,

1994b, 1997, 1999a, 1999b, 1999c).

These management measures address

factors which led to the listing of the 23

species including control of non-native

species of ungulates, rodents, weeds,

and fire. In addition, habitat restoration

and monitoring are also included in

these plans.

Kamakou Preserve

The primary management goals

within Kamakou Preserve are to (1)

prevent degradation of native forest 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

non-native plants; and (3) suppress

wildfires.

Specific management actions to

address feral ungulate impacts include

the construction of fences, including

strategic fencing (fences placed in

proximity to natural barriers such as

cliffs); staff hunting; and

implementation of organized hunting

through the Molokai Hunters Working

Group. By monitoring ungulate activity

within the preserve, the staff are able to

direct hunters to problem areas, thereby

increasing hunting success. If increased

hunting pressure does not reduce feral

ungulate activity in the preserve, the

preserve staff will work with the

hunting group to identify and

implement alternative methods (TNCH

1994, 1999).

The non-native plant control program

within Kamakou Preserve focuses on

habitat modifying non-native plants

(weeds) and prioritizes them according

to the degree of threat to native

ecosystems. A weed priority list has

been compiled for the preserve, and

control and monitoring of the highest

priority species are on-going. Weeds are

controlled manually, chemically, or a

through a combination of both.

Preventative measures (prevention

protocol) are required by all (volunteers,

riders to the Preserve and hiking

participants) who enter the Preserve.

This protocol includes such things as

brushing footgear before entering the

Preserve to remove seeds of non-native

plants. In addition, the staff are actively

promoting awareness of alien plants in

Hawaii and their impacts to native

ecosystems in the local communities on

Molokai through public education at

schools, fairs, and displays at the

airport.

Wildfire presuppression and response

plans are coordinated with the Maui

County Fire Department and the

DOFAW Maui District Forester. The

Kamakou Wildfire Management Plan is

reviewed annually with the fire

department and updated as necessary

(TNCH 1994, 1999). In the event of fires

in areas bordering the preserve staff

from Kamakou assist with fire

suppression in concert with DOFAW

staff.

Natural resource monitoring and

research addresses the need to track the

biological and physical resources of the

preserve and evaluate changes in these

resources to guide management

programs. Vegetation is monitored

throughout the preserve to document

long term ecological changes; rare plant

species are monitored to assess

population status; and, following fires

on the boundaries or within the

preserve, burned areas are assessed for

ingress of weeds and recovery of native

plants. In addition, the preserve staff

provide logistical support to scientists

and others who are conducting research

within the preserve.

In addition, TNCH, DOFAW, USFWS

and other Federal agencies including

the National Park Service, and

neighboring landowners of East

Molokai’s watershed areas have formed

a partnership (East Molokai Watershed

Partnership) through a memorandum of

understanding to ensure the protection

of over 22,000 acres on the island.

While the partnership is still in its

infancy, the members have agreed, in

principle, to participate in cooperative

management activities within the East

Molokai watershed because they believe

that effective management is best

achieved through the coordinated

actions of all major landowners in the

watershed.

Moomomi Preserve

The primary management goals

within Moomomi Preserve are to (1)

prevent degradation of natural

communities by reducing feral ungulate

damage; and (2) improve or maintain

the integrity of native ecosystems in

selected areas of the preserve by

reducing the effects of non-native plants

(TNCH 1999).

Specific management actions to

address feral ungulate impacts include

the construction of a perimeter fence to

keep out livestock and an agreement

with the neighboring landowner,

Molokai Ranch, in which they will

remove livestock within 48 hours of

ingress. Analysis of the monitoring data

collected within the axis deer exclosure

will guide future management strategies

(TNCH 1999).

As with the Kamakou Preserve, the

non-native plant control program within

Moomomi Preserve focuses on habitat

modifying non-native plants (weeds)

and prioritizes them according to the

degree of threat to native ecosystems. A

weed priority list has been compiled for

the preserve, and control and

monitoring of the highest priority

species are on-going. Weeds are

controlled manually, chemically, or a

through a combination of both.

Preventative measures (prevention

protocol) are required by all (volunteers,

riders to the Preserve and hiking

participants) who enter the Preserve.

This protocol includes such things as

brushing footgear before entering the

Preserve to remove seeds of non-native

plants. In addition, the staff are actively

promoting awareness of alien plants in

Hawaii and their impacts to native

ecosystems in the local communities on

Molokai through public education at

schools, fairs, and displays at the airport

(TNCH 1999).

Natural resource monitoring and

research addresses the need to track the

biological and physical resources of the

preserve and evaluate changes in these

resources to guide management

programs. Vegetation is monitored

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83183

throughout the preserve to document

long term ecological changes; rare plant

species are monitored to assess

population status. In addition, the

preserve staff provide logistical support

to scientists and others who are

conducting research within the preserve

(TNCH 1999).

Pelekunu Preserve

The primary management goals

within Pelekunu Preserve are to (1)

prevent degradation of native forest by

reducing feral ungulate damage; and (2)

improve or maintain the integrity of

native ecosystems in selected areas of

the preserve by reducing the effects of

non-native plants.

Specific management actions to

address feral ungulate impacts include

staff hunting; implementation of

organized hunting through the Molokai

Hunters Working Group; and quarterly

transect and aerial monitoring of

ungulate activity. By monitoring

ungulate activity within the preserve,

the staff are able to direct hunters to

problem areas, thereby increasing

hunting success. If increased hunting

pressure does not reduce feral ungulate

activity in the preserve, the preserve

staff work with the hunting group to

identify and implement alternative

methods (TNCH 1999).

As with the other two preserves on

Molokai, the non-native plant control

program within Pelekunu Preserve

focuses on habitat modifying non-native

plants (weeds) and prioritizes them

according to the degree of threat to

native ecosystems. A weed priority list

has been compiled for the preserve, and

control and monitoring of the highest

priority species are on-going. Weeds are

controlled manually, chemically, or a

through a combination of both.

Preventative measures (prevention

protocol) are required by all (volunteers,

riders to the Preserve and hiking

participants) who enter the Preserve.

This protocol includes such things as

brushing footgear before entering the

Preserve to remove seeds of non-native

plants. In addition, the staff are actively

promoting awareness of alien plants in

Hawaii and their impacts to native

ecosystems in the local communities on

Molokai through public education at

schools, fairs, and displays at the

airport.

Natural resource monitoring and

research addresses the need to track the

biological and physical resources of the

preserve and evaluate changes in these

resources to guide management

programs. Vegetation is monitored

throughout the preserve to document

long term ecological changes; and rare

plant species are monitored to assess

population status. In addition, the

preserve staff provide logistical support

to scientists and others who are

conducting research within the

preserve.

Because these plants and their

habitats within the preserves receive

long-term protection and management

these lands are not in need of special

management considerations or

protection. Therefore, we have

determined that the private lands within

Moomomi Preserve, Kamakou Preserve,

and Pelekunu Preserve do not meet the

definition of critical habitat in the Act,

and we are not proposing designation of

these lands as critical habitat. Should

the status of these reserves change, for

example by non-renewal of a

partnership agreement or termination of

NAP funding, we will reconsider

whether it then meets the definition of

critical habitat. If so, we have the

authority to proposed to amend critical

habitat to include such area at that time.

50 CFR 424.12(g). Critical habitat is not

proposed for six species, Adenophorous

periens, Hedyotis mannii, Phyllostegia

mannii, Plantago princeps, Platanthera

holochila, and Schiedea nuttallii, that

are currently only found in Kamakou

Preserve and for one species,

Lysimachia maxima, that is only found

in Pelekunu Preserve.

For the 40 species in this proposed

rule for which primary constituent

elements are known, we believe that

Kamakou Preserve, Moomomi Preserve,

and Pelekunu Preserve are the only

potential critical habitat areas on

Molokai at this time that do not require

special management considerations or

protection. However, we are specifically

soliciting comments on the

appropriateness of this approach.

If we receive information during the

public comment period that any of the

lands within the proposed designations

are actively managed to promote the

conservation and recovery of the 40

listed species at issue in this proposed

designation, in accordance with long

term conservation management plans or

agreements, and there are assurances

that the proposed management actions

will be implemented and effective, the

Service can consider this information

when making a final determination of

critical habitat.

In addition, we are aware that other

private landowners and the State of

Hawaii are considering the development

of land management plans or

agreements that may promote the

conservation and recovery of

endangered and threatened plant

species on the island of Molokai. The

Service supports these efforts and

provides technical assistance whenever

possible. We are also soliciting

comments on whether future

development and approval of

conservation measures (e.g.,

Conservation Agreements, Safe Harbor

Agreements) should trigger revision of

designated critical habitat to exclude

such lands and, if so, by what

mechanism.

In summary, the proposed critical

habitat areas described below constitute

our best assessment of the physical and

biological features needed for the

conservation of 32 plant species

(Alectryon macrococcus, Bidens

wiebkei, Brighamia rockii, Canavalia

molokaiensis, Centarium sebaeoides,

Clermontia oblongifolia ssp. brevipes,

Ctenitis squamigera, Cyanea dunbarii,

Cyanea grimesiana ssp. grimesiana,

Cyanea mannii, Cyanea procera, Diellia

erecta, Hesperomannia arborescens,

Hibiscus arnottianus ssp. immaculatus,

Ischaemum byrone, Labordia triflora,

Mariscus fauriei, Marsilea villosa,

Melicope mucronulata, Melicope

reflexa, Neraudia sericea, Peucedanum

sandwicense, Schiedea lydgatei,

Schiedea sarmentosa, Sesbania

tomentosa, Silene alexandri, Silene

lanceolata, Spermolepis hawaiiensis,

Stenogyne bifida, Tetramolopium rockii,

Vigna o-wahuensis, and Zanthoxylum

hawaiiense) and the special

management needs of the species, and

are based on the best scientific and

commercial information available and

described above. We put forward this

proposal acknowledging that we have

incomplete information regarding many

of the primary biological and physical

requirements for these species.

However, both the Act and the relevant

court orders require us to proceed with

designation at this time based on the

best information available. As new

information accrues, we may reevaluate

which areas warrant critical habitat

designation. We anticipate that

comments received through the public

review process and from any public

hearings, if requested, will provide us

with additional information to use in

our decision making process and in

assessing the potential impacts of

designating critical habitat for one or

more of these species.

The approximate areas of proposed

critical habitat, by land ownership, are

shown in Table 5. Proposed critical

habitat includes habitat for 32 species

predominantly on the east side of

Molokai. Lands proposed as critical

habitat have been divided into 28 units.

A brief description of each unit is

presented below.

83184 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Descriptions of Critical Habitat Units

Molokai A

The proposed unit Molokai A

provides critical habitat for one species:

Marsilea villosa. This unit contains a

total of 73 hectares (ha) (180 acres (ac)).

The land contained within this unit is

owned by a private entity. The natural

feature found in this unit is the western

most portion of Kamakaipo Gulch.

Molokai B

The proposed unit Molokai B

provides critical habitat for one species:

Marsilea villosa. This unit contains a

total of 49 ha (121 ac). The land

contained within this unit is owned by

the State. The natural features found in

this unit are Ilio Point, Kawaihau and

Keonehanau.

TABLE 5.—APPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT AND LAND OWNERSHIP, MOLOKAI, MAUI COUNTY,

HAWAII

Unit name State Private Federal Total

Molokai A ............................ N/A ..................................... 73 ha (180 ac) ................... N/A ..................................... 73 ha (180 ac)

Molokai B ............................ 49 ha (121 ac) ................... N/A ..................................... N/A ..................................... 49 ha (121 ac)

Molokai C ............................ N/A ..................................... 254 ha (628 ac) ................. N/A ..................................... 254 ha (628 ac)

Molokai D ............................ 213 ha (526 ac) ................. 95 ha (235 ac) ................... N/A ..................................... 308 ha (761 ac)

Molokai E ............................ 72 ha (178 ac) ................... N/A ..................................... N/A ..................................... 72 ha (178 ac)

Molokai F ............................ 77 ha (190 ac) ................... N/A ..................................... N/A ..................................... 77 ha (190 ac)

Molokai G ............................ N/A ..................................... 649 ha (1,604 ac) .............. N/A ..................................... 649 ha (1,604 ac)

Molokai H ............................ 637 ha (1,574 ac) .............. 302 ha (746 ac) ................. N/A ..................................... 939 ha (2,320 ac)

Molokai I ............................. 204 ha (504 ac) ................. N/A ..................................... N/A ..................................... 204 ha (504 ac)

Molokai J ............................. 298 ha* (736 ac) ................ 416 ha (1,028 ac) .............. N/A ..................................... 714 ha (1,764 ac)

Molokai K ............................ 36 ha (89 ac) ..................... 91 ha (225 ac) ................... N/A ..................................... 127 ha (314 ac)

Molokai L ............................ N/A ..................................... 137 ha (339 ac) ................. N/A ..................................... 137 ha (339 ac)

Molokai M ........................... N/A ..................................... 122 ha (301 ac) ................. N/A ..................................... 122 ha (301 ac)

Molokai N ............................ N/A ..................................... 300 ha (741 ac) ................. N/A ..................................... 300 ha (741 ac)

Molokai O ............................ N/A ..................................... 44 ha (109 ac) ................... N/A ..................................... 44 ha (109 ac)

Molokai P ............................ 66 ha (163 ac) ................... 52 ha (128 ac) ................... N/A ..................................... 118 ha (291 ac)

Molokai Q ............................ 83 ha (205 ac) ................... 202 ha (499 ac) ................. N/A ..................................... 285 ha (704 ac)

Molokai R ............................ 30 ha (74 ac) ..................... 92 ha (227 ac) ................... N/A ..................................... 122 ha (301 ac)

Molokai S ............................ N/A ..................................... 199 ha (492 ac) ................. N/A ..................................... 199 ha (492 ac)

Molokai T ............................ N/A ..................................... 125 ha (309 ac) ................. N/A ..................................... 125 ha 309 ac)

Molokai U ............................ 166 ha (410 ac) ................. 28 ha (69 ac) ..................... N/A ..................................... 194 ha (479 ac)

Molokai V ............................ 136 ha (336 ac) ................. 147 ha (363 ac) ................. N/A ..................................... 283 ha (699 ac)

Molokai W ........................... 1 ha (2 ac) ......................... N/A ..................................... N/A ..................................... 1 ha (2 ac)

Molokai X ............................ 424 ha* (1,048 ac) ............. N/A ..................................... N/A ..................................... 424 ha (1,048 ac)

Molokai Y ............................ 70 ha* (173 ac) .................. 45 ha (111 ac) ................... N/A ..................................... 115 ha (284 ac)

Molokai Z ............................ N/A ..................................... 111 ha (274 ac) ................. N/A ..................................... 111 ha (274 ac)

Molokai Aa .......................... 109 ha (269 ac) ................. N/A ..................................... 5 ha (12 ac) ....................... 114 ha (281 ac)

Molokai Bb .......................... 4 ha (10 ac) ....................... N/A ..................................... N/A ..................................... 4 ha (10 ac)

Total ............................. 2,674 ha (6,608 ac) ........... 3,483 ha (8,608 ac) ........... 5 ha (12 ac) ....................... 6,163 ha (15,228 ac)

* Portions of unit are found in Kalaupapa National Historical Park which is managed by the National Park Service.

Molokai C

The proposed unit Molokai C

provides critical habitat for two species:

Centaurium sebaeoides and Marsilea

villosa. This unit contains a total of 254

ha (628 ac). The land contained within

this unit is owned by a private entity.

The natural features found in this unit

are Pueoao, Kaeo and Mokio Point.

Molokai D

The proposed unit Molokai D

provides critical habitat for two species:

Sesbania tomentosa and Tetramolopium

rockii. This unit contains a total of 308

ha (761 ac). The lands contained within

this unit is owned by the State’s

Department of Hawaiian Homelands

and a private entity. The natural

features found in this unit are Kawaaloa,

Moomomi, Naaukahihi, Kawahuha,

Kahinaakalani and Anahaki.

Molokai E

The proposed unit Molokai E

provides critical habitat for one species:

Sesbania tomentosa. This unit contains

a total of 72 ha (178 ac). The land

contained within this unit is owned by

the State’s Department of Hawaiian

Homelands. The natural feature found

in this unit is Nenehanaupo.

Molokai F

The proposed nit Molokai F provides

critical habitat for one species: Cyanea

procera. This unit contains a total of 77

ha (190 ac). The land contained within

this unit is owned by the State of

Hawaii and is located within Puu Alii

NAR. The natural features found in this

unit are portions of the Waikolu Stream

and Hanalilolilo.

Molokai G

The proposed unit Molokai G

provides critical habitat for 13 species:

Alectryon macrococcus, Bidens wiebkei,

Cyanea mannii, Diellia erecta, Neraudia

sericea, Schiedea lydgatei, Schiedea

sarmentosa, Sesbania tomentosa, Silene

lanceolata, Silene alexandri,

Spermolepis hawaiiensis, Vigna owahuensis and Zanthoxylum

hawaiiensis. This unit contains a total of

649 ha (1,604 ac). The lands contained

within this unit are owned by private

entities and are partially found within

the Molokai Forest Reserve. The natural

features found in this unit are Puu

kolekole, Na Puu Kulua, Waiakuilani

Gulch, Kapuaokoolau Gulch,

Wahuaalapai and Makolelau.

Molokai H

The proposed unit Molokai H

provides critical habitat for six species:

Alectryon macrococcus, Mariscus

fauriei, Melicope mucronulata, Schidea

lydgatei, Schiedea sarmentosa, and

Sesbania tomentosa. This unit contains

a total of 939 ha (2,320 ac). The lands

contained within this unit are owned by

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83185

the State of Hawaii, including the

Department of Hawaiian Homelands,

and a private entity and are partially

found within the State’s Molokai Forest

Reserve and Kamiloloa Plant Sanctuary.

The natural features found in this area

are Kamiloloa, Makakupaia, Onini

Gulch, Ooa, Makakupaia 2, a portion of

the south fork of Kaunakakai and

Kamiloloa Gulches.

Molokai I

The proposed unit Molokai I provides

critical habitat for two species:

Alectryon macrococcus and Canavalia

molokaiensis. This unit contains a total

of 204 ha (504 ac). The land contained

within this unit is owned by the State

of Hawaii and is found in the Molokai

Forest Reserve. The natural features

found in this unit are Kaunakakai

Gulch, Puu Makaliilii and Kupaia

Gulch.

Molokai J

The proposed unit Molokai J provides

critical habitat for three species:

Canavalia molokaiensis, Cyanea

dunbarii and Cyanea mannii. This unit

contains a total of 714 ha (1,764 ac). The

lands contained within this unit are

owned by the State of Hawaii and

private owners, and are found in the

State’s Molokai Forest Reserve, and

lands under Federal management at

Kalaupapa National Historical Park. The

natural features found in this unit are

Kapuna Spring, Mokomoka Gulch,

Kalamaula, Waihanau Stream,

Maunahui, Kaunakakai Gulch,

Kaunakakai and Kahuaawi Gulch.

Molokai K

The proposed unit Molokai K

provides critical habitat for one species:

Sesbania tomentosa. This unit contains

a total of 127 ha (314 ac). The lands

contained within this unit are owned by

the State’s Department of Hawaiian

Homelands and private entities. The

natural feature found in this unit is

Onini Gulch.

Molokai L

The proposed unit Molokai L

provides critical habitat for one species:

Sesbania tomentosa. This unit contains

a total of 137 ha (339 ac). The lands

contained within this unit are owned by

private entities.

Molokai M

The proposed unit Molokai M

provides critical habitat for one species:

Sesbania tomentosa. This unit contains

a total of 122 ha (301 ac). The lands

contained within this unit are owned by

private entities.

Molokai N

The proposed unit Molokai N

provides critical habitat for three

species: Ctenitis squamigera, Cyanea

mannii, and Labordia triflora. This unit

contains a total of 300 ha (741 ac). The

lands contained within this unit are

owned by private entities. The natural

features found in this unit are Puu

Haha, Kaapahu, Haha Falls, Kalapa

Konomanu, Kumueli Gulch, Helani

Ridge, Kumueli, Kalapamoa Ridge, Kua

Gulch, Wawaia Gulch and Helani

Gulch.

Molokai O

The proposed unit Molokai O

provides critical habitat for one species:

Clermontia oblongifolia ssp. brevipes.

This unit contains a total of 44 ha (1089

ac). The lands contained within this

unit are owned solely by a private

owner. The natural features found in

this unit are portions of the headwaters

of the Kamalo Stream.

Molokai P

The proposed unit Molokai P

provides critical habitat for one species:

Stenogyne bifida. This unit contains a

total of 118 ha (291 ac). The lands

contained within this unit are owned by

the State and private entities, and are

located partially within the State’s

Molokai Forest Reserve. The natural

features found in this unit are Pelekunu

Gulch, Manawai Gulch, Kahananui

Gulch and Ohia Gulch.

Molokai Q

The proposed unit Molokai Q

provides critical habitat for one species:

Melicope reflexa. This unit contains a

total of 285 ha (704 ac). The lands

contained within this unit are owned by

the State and private entities, and are

partially found within the State’s

Molokai Forest Reserve. The natural

features found within this unit are

Kapuna Gulch, Puu Lua, Kaupuuiki,

Puu Lua Wailau, Puu ohelo,

Kawaiuliuli, Waiopipi, Honomuni

Gulch, Uluwini Gulch and Kupeke

Gulch.

Molokai R

The proposed unit Molokai R

provides critical habitat for one species:

Diellia erecta. This unit contains a total

of 122 ha (301 ac). The lands contained

within this unit are owned by the State

and private entities, and are partially

located within the State’s Molokai

Forest Reserve. The natural features

found in this unit are Popaakai Gulch,

Nawaihulili Stream, Moaula Stream,

Hipuapua Stream, Hipuapua Falls,

Moaula Falls, Halawa Valley, Halawa

Stream, and Poala.

Molokai S

The proposed unit Molokai S

provides critical habitat for one species:

Bidens wiebkei. This unit contains a

total of 199 ha (492 ac). The land

contained within this unit is owned by

a private entity. The natural features

found in this unit are Kawaikapu,

Kepuna Gulch, Lamaloa Gulch,

Halawaiki Gulch, Kuinanaho Gulch,

Kaonihu and Lamaloa Head.

Molokai T

The proposed unit Molokai T

provides critical habitat for two species:

Hibiscus arnottianus ssp. immaculatus

and Ischaemum byrone. This unit

contains a total of 125 ha (309 ac). The

lands contained within this unit are

owned by private entities. The natural

features found in this unit are Kikipua

Point, Waiokala, Papalaua Valley,

Kahiwa Gulch and Kahiwa Falls.

Molokai U

The proposed unit Molokai U

provides critical habitat for two species:

Cyanea grimesiana ssp. grimesiana and

Melicope reflexa. This unit contains a

total of 194 ha (479 ac). The lands

contained within this unit are owned by

the State and private owners, and are

partially contained within the State’s

Molokai Forest Reserve. The natural

features found in this unit are Kukuinai

Ridge and Naehu.

Molokai V

The proposed Unit V provides critical

habitat for six species: Brighamia rockii,

Cyanea grimesiana ssp. grimesiana,

Hesperomannia arborescens, Hibiscus

arnottianus ssp. immaculatus,

Ischaemum byrone, and Peucedanum

sandwicense. This unit contains a total

of 283 ha (699 ac). The lands contained

within this unit are owned by the State

and private owners, and are partially

contained within the State’s Olokui

NAR and Molokai Forest Reserve. The

natural features found in this unit are

Waiehu, Wailele Falls, Wailau Stream,

Kahawaiiki Stream and Lepau Point.

Molokai W

The proposed unit Molokai W

provides critical habitat for two species:

Brighamia rockii and Peucedanum

sandwicense. This unit contains a total

of 1 ha (2 ac) and is owned by the State.

This unit is the entire islet of Huelo

which is the Huelo Bird Sanctuary.

Molokai X

The proposed Unit X on the island of

Molokai provides critical habitat for two

species: Canavalia molokaiensis and

Tetramolopium rockii. This unit

contains a total of 424 ha (1,048 ac). The

83186 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

land contained within this unit is

owned by the State and is managed by

the National Park Service at Kalaupapa

National Historical Park. The natural

features in this unit are Kiloia, Ka Lae,

Keanakua, Kaaia, Meaula Ridge, Puu

Kauwa, Kepono, Keawaiki, Waialeia

Stream, Mokio, Makalii, Kalawao,

Kuololimu, Alau and Kaupikiawa.

Molokai Y

The proposed unit Molokai Y

provides critical habitat for one species:

Peucedanum sandwicense. This unit

contains a total of 115 ha (284 ac). The

lands contained within this unit are

owned by the State’s Department of

Hawaiian Homelands and a private

entity, and are found partially within

the federally managed Kalaupapa

National Historical Park and partially

within the State’s Palaau State Park. The

natural features found in this unit are

Awahua and Puwahi.

Molokai Z

The proposed unit Molokai Z

provides critical habitat for one species:

Tetramolopium rockii. This unit

contains a total of 111 ha (274 ac). The

land contained within this unit is

owned by a private owner. This unit is

located on the southwestern edge of

TNCH’s Moomomi Preserve.

Molokai Aa

The proposed unit Molokai Aa

provides critical habitat for one species:

Centarium sebaeoides. This unit

contains a total of 114 ha (281 ac). The

land contained within this unit is

federally (Department of Treasury) and

State owned, and managed by the

National Park Service. This unit is

located in Kalaupapa National

Historical Park on the Kalaupapa

Peninsula. The natural features found in

this unit are Kapapakikane, Kahui Point,

Lae Hoolehua, and Kaupikiawa.

Molokai Bb

The proposed unit Molokai Bb

provides critical habitat for one species:

Peucedanum sandwicensis. This unit

contains a total of 4 ha (10 ac). The land

contained within this unit is owned by

the State. This unit is the entire islet of

Mokapu which is the Mokapu Bird

Sanctuary.

Effects of Critical Habitat Designation

Section 7(a) of the Act requires

Federal agencies to ensure that actions

they fund, authorize, or carry out do not

jeopardize the continued existence of a

listed species or destroy or adversely

modify its critical habitat. Destruction

or adverse modification of critical

habitat is defined by our regulations as

a direct or indirect alteration that

appreciably diminishes the value of

critical habitat for both the survival and

recovery of a listed species. Such

alterations include, but are not limited

to, alterations adversely modifying any

of those physical or biological features

that were the basis for determining the

habitat to be critical (50 CFR 402.02).

Individuals, organizations, States, local

governments, and other non-Federal

entities are affected by the designation

of critical habitat only if their actions

occur on Federal lands, require a

Federal permit, license, or other

authorization, or involve Federal

funding.

Section 7(a) of the Act means that

Federal agencies must evaluate their

actions with respect to any species that

is proposed or listed as endangered or

threatened and with respect to its

critical habitat, if any is designated or

proposed. Regulations implementing

this interagency cooperation provision

of the Act are codified at 50 CFR Part

402. If a Federal action may affect a

listed species or its critical habitat, the

responsible Federal agency must enter

into consultation with us. If, at the

conclusion of consultation, we issue a

biological opinion concluding that the

project is likely to result in the

destruction or adverse modification of

critical habitat, we also provide

reasonable and prudent alternatives to

the project, if any are identifiable.

Reasonable and prudent alternatives are

defined at 50 CFR 402.02 as alternative

actions identified during consultation

that can be implemented in a manner

consistent with the intended purpose of

the action, that are consistent with the

scope of the Federal agency’s legal

authority and jurisdiction, that are

economically and technologically

feasible, and that the Director believes

would avoid destruction or adverse

modification of critical habitat.

Section 7(a)(4) requires Federal

agencies to confer with us on any action

that is likely to jeopardize the continued

existence of a proposed species or result

in destruction or adverse modification

of proposed critical habitat. Conference

reports provide conservation

recommendations to assist the agency in

eliminating conflicts that may be caused

by the proposed action. The

conservation recommendations in a

conference report are advisory. We may

issue a formal conference report if

requested by a Federal agency. Formal

conference reports on proposed critical

habitat contain biological opinion that is

prepared according to 50 CFR 402.12, as

if critical habitat were designated. We

may adopt the formal conference report

as the biological opinion when the

critical habitat is designated, if no

significant new information or changes

in the action alter the content of the

opinion. See 50 CFR 402.10(d).

Regulations at 50 CFR 402.16 require

Federal agencies to reinitiate

consultation on previously reviewed

actions under certain circumstances,

including instances where critical

habitat is subsequently designated and

the Federal agency has retained

discretionary involvement or control

has been retained or is authorized by

law. Consequently, some Federal

agencies may request consultation or

conferencing with us on actions for

which formal consultation has been

completed if those actions may affect

designated critical habitat or adversely

modify or destroy proposed critical

habitat.

Activities on lands being proposed as

critical habitat for these 32 species or

activities that may indirectly affect such

lands and that conducted by a Federal

agency, funded by a Federal agency or

require a permit from a Federal agency

will be subject to the section 7

consultation process. Federal actions

not affecting critical habitat, as well as

actions on non-Federal lands that are

not federally funded or permitted, will

not require Section 7 consultation.

Section 4(b)(8) of the Act requires us

to briefly describe and evaluate in any

proposed or final regulation that

designates critical habitat those

activities involving a Federal action that

may adversely modify such habitat or

that may be affected by such

designation. Activities that may destroy

or adversely modify critical habitat

include those that alter the primary

constituent elements to the extent that

the value of critical habitat for both the

survival and recovery of any one of the

32 species is appreciably reduced. We

note that such activities may also

jeopardize the continued existence of

the species. Activities that, when

carried out, funded, or authorized by a

Federal agency, may directly or

indirectly destroy or adversely modify

critical habitat include, but are not

limited to:

(1) Activities that appreciably degrade

or destroy habitat defined in the

discussion of primary constituent

elements including but not limited to:

overgrazing; maintenance of feral

ungulates; clearing, cutting of native

live trees and shrubs, whether by

burning or mechanical, chemical, or

other means (e.g., woodcutting,

bulldozing, construction, road building,

mining, herbicide application, etc.);

introducing or enabling the spread of

non-native species; and taking actions

that pose a risk of fire.

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83187

(2) Water diversion or impoundment,

groundwater pumping, or other activity

that alters water quality or quantity to

an extent that wet forest or bog

vegetation is significantly affected; and,

(3) Recreational activities that

appreciably degrade vegetation.

Actions affected by designation of

critical habitat may include, but are not

limited to:

(1) Regulation of activities affecting

waters of the United States by the Army

Corps of Engineers under section 404 of

the Clean Water Act;

(2) Development requiring permits

from Federal agencies such as Housing

and Urban Development;

(3) Federally funded silviculture/

forestry projects and research by the

U.S. Department of Agriculture (Natural

Resource Conservation Service and

Forest Service);

(4) Regulation of airport improvement

activities by the Federal Aviation

Administration jurisdiction;

(5) Road construction and

maintenance by, or funded by, the U.S.

Department of Transportation;

(6) Federally funded importation of

alien species for research, agriculture,

and aquaculture, and the release or

authorization of release of biological

control agents by the U.S. Department of

Agriculture;

(7) Regulation of activities affecting

point source pollution discharges into

waters of the United States by the

Environmental Protection Agency under

section 402 of the Clean Water Act;

(8) Hazard mitigation and postdisaster repairs funded by the Federal

Emergency Management Agency;

(9) Installation and maintenance of

U.S. Coast Guard navigational aids;

(10) Construction of communication

sites licensed by the Federal

Communications Commission; and

(11) Construction activities by the

U.S. Department of Interior (National

Park Service);

(12) Activities not mentioned above

funded or authorized by the U.S.

Department of Agriculture (Forest

Service, Natural Resources Conservation

Service), Department of Defense,

Department of Transportation,

Department of Energy, Department of

Interior (U.S. Geological Survey,

National Park Service), Department of

Commerce (National Oceanic and

Atmospheric Administration) or any

other Federal agency.

If you have questions regarding

whether specific activities will

constitute adverse modification of

critical habitat, contact the Field

Supervisor, Pacific Islands Ecological

Services Field Office (see ADDRESSES

section). Requests for copies of the

regulations on listed wildlife and plants

and inquiries about prohibitions and

permits may be addressed to the U.S.

Fish and Wildlife Service, Branch of

Endangered Species/Permits.

Economic and Other Relevant Impacts

Analysis

Section 4(b)(2) of the Act requires that

we designate critical habitat on the basis

of the best scientific and commercial

information available and consider the

economic and other relevant impacts of

designating a particular area as critical

habitat. Consideration of economic and

other impacts will take place in the final

rule. See 50 CFR 424.19. Although at

this time we cannot identify any

incremental effects of this proposed

critical habitat designation above those

impacts of listing, we will conduct an

economic analysis to further evaluate

this issue. We will conduct the

economic analysis for this proposal

prior to a final determination. When the

draft economic analysis is completed,

we will announce its availablility with

a notice in the Federal Register, and we

will have a comment period for 30 days

at that time to accept comments.

We will utilize the final economic

analysis, and take into consideration all

comments and information regarding

economic or other impacts submitted

during the public comment period and

any public hearings, if requested, to

make final critical habitat designations.

We may exclude areas from critical

habitat upon a determination that the

benefits of such exclusions outweigh the

benefits of specifying such areas as part

of critical habitat; however, we cannot

exclude areas from critical habitat when

such exclusion will result in the

extinction of the species.

Public Comments Solicited

It is our intent that any final action

resulting from this proposal be as

accurate and as effective as possible.

Therefore, we solicit comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry or any

other interested party concerning this

proposed rule.

In this rule, we do not propose to

designate critical habitat on the private

lands within Moomomi, Pelekunu, and

Kamakou Preserves because these areas

are dedicated to conservation and are

managed for the benefit of the federally

protected plant species found there. We

believe that these areas are not in need

of special management considerations

or protection and, therefore, do not meet

the definition of critical habitat in the

Act. We are, however, specifically

soliciting comments on the

appropriateness of this approach.

We also invite comments from the

public that provide information on

whether lands within proposed critical

habitat are currently being managed to

address conservation needs of these

listed plants. As stated earlier in this

proposed rule, if we receive information

that any of the areas proposed as critical

habitat are adequately managed, we may

delete such areas from the final rule

because they would not meet the

definition in section 3(5)(A)(i) of the

Act. In determining adequacy of

management, we must find that the

management effort is sufficiently certain

to be implemented and effective so as to

contribute to the elimination or

adequate reduction of relevant threats to

the species.

In determining whether an action is

likely to be implemented, we will

generally consider the following:

—Whether or not a management plan or

agreement exists which specifies the

management actions being

implemented, or if to be

implemented, the schedule for

implementation;

—Whether there are responsible

party(ies), and funding source(s) or

other resources necessary to

implement the actions, with a high

level of certainty that the funding will

be provided; and

—The authority and long-term

commitment of the party(ies) to the

agreement or plan to implement the

management action, as demonstrated,

for example, by a legal instrument

providing enduring protection and

management of the lands.

In determining whether an action is

likely to be effective, we will generally

consider whether or not the plan is

specific concerning the threats to be

addressed by the management actions;

whether such actions have been

successful in the past; whether there are

provisions for monitoring and

assessment of the effectiveness of the

management actions; and whether

adaptive management principles have

been incorporated into the plan.

We are aware that the State of Hawaii

and some private landowners may be

considering the development and

implementation of land management

plans or agreements that may promote

the conservation and recovery of

endangered and threatened plant

species on the island of Molokai. We are

soliciting comments in this proposed

rule on whether current land

management plans or practices applied

within the areas proposed as critical

habitat adequately address the threats to

83188 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

these listed species. We are also

soliciting comments on whether future

development and approval of

conservation measures (e.g.,

Conservation Agreements, Safe Harbor

Agreements, etc.) should be excluded

from critical habitat, and if so, by what

mechanism.

In addition, we are seeking comments

on the following:

(1) The reasons why critical habitat

for any of these species is prudent or not

prudent as provided by section 4 of the

Act and 50 CFR 424.12(a)(1), including

whether the benefits of designation

would outweigh any threats to these

species due to designation;

(2) The reasons why any particular

area should or should not be designated

as critical habitat for any of these

species, as critical habitat is defined by

section 3 of the Act (16 U.S.C. 1532 (5));

(3) Specific information on the

amount and distribution of habitat for

Adenophorous periens, Alectryon

macrococcus, Bidens wiebkei,

Brighamia rockii, Canavalia

molokaiensis, Centarium sebaeoides,

Clermontia oblongifolia ssp. brevipes,

Ctenitis squamigera, Cyanea dunbarii,

Cyanea grimesiana ssp. grimesiana,

Cyanea mannii, Cyanea procera, Diellia

erecta, Hedyotis mannii,

Hesperomannia arborescens, Hibiscus

arnottianus ssp. immaculatus,

Ischaemum byrone, Labordia triflora,

Lysimachia maxima, Mariscus fauriei,

Marsilea villosa, Melicope mucronulata,

Melicope reflexa, Neraudia sericea,

Peucedanum sandwicense, Phyllostegia

mannii, Plantago princeps, Platanthera

holochila, Pritchardia munroi, Schiedea

lydgatei, Schiedea nuttallii, Schiedea

sarmentosa, Sesbania tomentosa, Silene

alexandri, Silene lanceolata,

Spermolepis hawaiiensis, Stenogyne

bifida, Tetramolopium rockii, Vigna owahuensis, and Zanthoxylum

hawaiiense, and what habitat is

essential to the conservation of the

species and why;

(4) Land use practices and current or

planned activities in the subject areas

and their possible impacts on proposed

critical habitat;

(5) Any economic or other impacts

resulting from the proposed

designations of critical habitat,

including, any impacts on small entities

or families; and

(6) Economic and other potential

values associated with designating

critical habitat for the above plant

species such as those derived from nonconsumptive uses (e.g., hiking, camping,

birding, enhanced watershed protection,

increased soil retention, ‘‘existence

values,’’ and reductions in

administrative costs).

If you wish to comment, you may

submit your comments and materials

concerning this proposal by any one of

several methods (see ADDRESSES). Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address, which

we will honor to the extent allowable by

law. There also may be circumstances in

which we would withhold a

respondent’s identity, as allowable by

law. If you wish us to withhold your

name and/or address, you must state

this request prominently at the

beginning of your comment. However,

we will not consider anonymous

comments. To the extent consistent with

applicable law, we will make all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

Peer Review

In accordance with our policy

published on July 1, 1994 (59 FR

34270), we will seek the expert opinions

of at least three appropriate and

independent specialists regarding this

proposed rule. The purpose of such

review is to ensure listing and critical

habitat decisions are based on

scientifically sound data, assumptions,

and analyses. We will send copies of

this proposed rule to these peer

reviewers immediately following

publication in the Federal Register. We

will invite the peer reviewers to

comment, during the public comment

period, on the specific assumptions and

conclusions regarding the proposed

designations of critical habitat.

We will consider all comments and

data received during the 60-day

comment period on this proposed rule

during preparation of a final

rulemaking. Accordingly, the final

decision may differ from this proposal.

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations and notices

that are easy to understand. We invite

your comments on how to make this

proposed rule easier to understand

including answers to questions such as

the following: (1) Are the requirements

in the proposed rule clearly stated? (2)

Does the proposed rule contain

technical language or jargon that

interferes with the clarity? (3) Does the

format of the proposed rule (grouping

and order of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Is the description of the

proposed rule in the SUPPLEMENTARY

INFORMATION section of the preamble

helpful in understanding the document?

(5) What else could we do to make the

proposed rule easier to understand?

Send a copy of any comments that

concern how we could make this notice

easier to understand to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street, NW,

Washington, DC 20240. You may e-mail

your comments to this address:

Execsec@ios.doi.gov.

Required Determinations

1. Regulatory Planning and Review

In accordance with Executive Order

(EO) 12866, this action was submitted

for review by the Office of Management

and Budget (OMB). We are in the

process of preparing an economic

analysis to determine the economic

consequences of designating the specific

areas identified as critical habitat. If our

economic analysis reveals that the

economic impacts of designating any

area as critical habitat outweigh the

benefits of designation, we may exclude

those areas from consideration, unless

such exclusion will result in the

extinction of the species.

(a) While we will prepare an

economic analysis to assist us in

considering whether areas should be

excluded pursuant to section 4 of the

Act, at this time we do not believe this

rule will have an annual economic

effect of $100 million or adversely affect

an economic sector, productivity, jobs,

the environment, or other units of

government. Therefore we do not

believe a cost benefit and economic

analysis pursuant to EO 12866 is

required.

The plants at issue were listed as

endangered or threatened species

between the years 1991 and 1999. The

areas proposed for critical habitat are

currently occupied by one or more of

these species. Under section 7 of the

Act, critical habitat may not be

destroyed or adversely modified by a

Federal agency action; it does not

impose any restrictions on non-Federal

persons unless they are conducting

activities funded or otherwise

sponsored or permitted by a Federal

agency (See Table 6). Section 7 also

requires Federal agencies to ensure that

they do not jeopardize the continued

existence of the species. Because of their

limited number of individuals and

populations, and limited range, we

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83189

conclude that any Federal action or

authorized action that could potentially

cause an adverse modification of the

proposed critical habitat for any of the

32 species would also likely cause

‘‘jeopardy’’ to that species. Accordingly,

the designation of currently occupied

areas as critical habitat would not have

any additional incremental impacts on

what actions may or may not be

conducted by Federal agencies or nonFederal persons that receive Federal

authorization or funding. Non-Federal

persons that do not have a Federal

involvement in their actions are not

restricted by the designation of critical

habitat.

(b) This rule will not create

inconsistencies with other agencies’

actions. As discussed above, Federal

agencies have been required to ensure

that their actions not jeopardize the

continued existence of the 32 plant

species since their listing between 1991

and 1999. The prohibition against

adverse modification of critical habitat

would not be expected to impose any

additional restrictions to those that

currently exist because all proposed

critical habitat is currently occupied.

(c) This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. Federal agencies are

currently required to ensure that their

activities do not jeopardize the

continued existence of the species, and

as discussed above we do not anticipate

that the adverse modification

prohibition resulting from critical

habitat designation will have any

incremental effects.

TABLE 6.—IMPACTS OF CRITICAL HABITAT DESIGNATION FOR 32 PLANTS FROM MOLOKAI

Categories of activities Activities potentially affected by species listing only

Additional activities potentially

affected by critical habitat

designation 1

Federal Activities Potentially Affected 2Activities conducted by the Army Corps of Engineers, Department of

Transportation, Department of Defense, Department of Agriculture,

Environmental Protection Agency, Federal Emergency Management Agency, Federal Aviation Administration..

Activities by these Federal Agencies in any unoccupied critical

hatitat areas.

Private or other non-Federal Activities Potentially Affected 3Activities that require a Federal action (permit, authorization, or funding) and may remove or destroy habitat for these plants by mechanical, chemical, or other means (e.g., overgrazing, clearing, cutting native live trees and shrubs, water diversion, impoundment,

groundwater pumping, road building, mining, herbicide application,

recreational use, etc.) or appreciably habitat value or quality

through indirect effects (e.g., edge effects, invasion of exotic plants

or animals, fragmentation of habitat)..

Funding, authorization, or permitting actions by Federal Agencies

in any unoccupied critical habitat

areas.

1This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by listing the species. 2Activities initiated by a Federal agency.

3Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.

(d) This rule will not raise novel legal

or policy issues. The proposed rule

follows the requirements for

determining critical habitat contained in

the Endangered Species Act.

2. Regulatory Flexibility Act (5 U.S.C.

601 et seq.)

In the economic analysis, we will

determine whether designation of

critical habitat will have a significant

effect on a substantial number of small

entities. As discussed under Regulatory

Planning and Review above, this rule is

not expected to result in any restrictions

in addition to those currently in

existence. As indicated on Table 5 (see

‘‘Methods for Selection of Areas for

Proposed Critical Habitat Designations’’)

we have designated property owned by

Federal and State governments, and

private property.

Within these areas, the types of

Federal actions or authorized activities

that we have identified as potential

concerns are:

(1) Regulation of activities affecting

waters of the United States by the Army

Corps of Engineers under section 404 of

the Clean Water Act;

(2) Development on private or State

lands requiring permits from other

Federal agencies such as Housing and

Urban Development;

(3) Federally funded silviculture/

forestry projects and research by the

U.S. Department of Agriculture (Natural

Resource Conservation Service and

Forest Service);

(4) Regulation of airport improvement

activities by the Federal Aviation

Administration jurisdiction;

(5) Road construction and

maintenance by, or funded by, the U.S.

Department of Transportation;

(6) Federally funded importation of

alien species for research, agriculture,

and aquaculture, and the release or

authorization of release of biological

control agents by the U.S. Department of

Agriculture;

(7) Regulation of activities affecting

point source pollution discharges into

waters of the United States by the

Environmental Protection Agency under

section 402 of the Clean Water Act.;

(8) Hazard mitigation and postdisaster repairs funded by the Federal

Emergency Management Agency;

(9) Installation and maintenance of

U.S. Coast Guard navigational aids;

(10) Construction of communication

sites licensed by the Federal

Communications Commission; and

(11) Construction activities by the

U.S. Department of Interior (National

Park Service);

(12) Activities not mentioned above

funded or authorized by the U.S.

Department of Agriculture (Forest

Service, Natural Resources Conservation

Service), Department of Defense,

Department of Transportation,

Department of Energy, Department of

Interior (U.S. Geological Survey,

National Park Service), Department of

Commerce (National Oceanic and

Atmospheric Administration) or any

other Federal agency.

Many of these activities authorized or

funded by Federal agencies within the

proposed critical habitat areas are

carried out by small entities (as defined

by the Regulatory Flexibility Act)

through contract, grant, permit, or other

Federal authorization. As discussed in

section 1 above, these actions are

currently required to comply with the

protections of the Act that are triggered

by listing, such as avoiding jeopardy to

these species, and the designation of

critical habitat is not anticipated to have

any additional effects on these

activities.

For actions on non-Federal property

that do not have a Federal connection

83190 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

(such as funding or authorization), the

current State restrictions concerning

take of listed threatened or endangered

plant species remain in effect, and this

rule would impose no additional

restrictions.

3. Small Business Regulatory

Enforcement Fairness Act (5 U.S.C.

804(2))

In the economic analysis, we will

determine whether designation of

critical habitat will cause (a) any effect

on the economy of $100 million or

more, (b) any increases in costs or prices

for consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions in the

economic analysis, or (c) any significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of U.S.-based

enterprises to compete with foreignbased enterprises.

4. Unfunded Mandates Reform Act (2

U.S.C. 1501 et seq.)

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1501 et

seq.):

(a) This rule will not ‘‘significantly or

uniquely’’ affect small governments. A

Small Government Agency Plan is not

required. Small governments will only

be affected to the extent that any Federal

funds, permits or other authorized

activities must ensure that their actions

will not adversely affect the critical

habitat. However, as discussed in

section 1, these actions are currently

subject to equivalent restrictions

through the listing protections of the

species, and no further restrictions are

anticipated.

(b) This rule will not produce a

Federal mandate of $100 million or

greater in any year, that is, it is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

The designation of critical habitat

imposes no obligations on State or local

governments.

5. Takings

In accordance with Executive Order

12630, this rule does not have

significant takings implications. A

takings implication assessment is not

required. As discussed above, the

designation of critical habitat affects

only Federal agency actions. The rule

will not increase or decrease the current

restrictions on private property

concerning take of the 32 plant species.

We do not anticipate that property

values will be affected by the critical

habitat designations. Landowners in

areas that are included in the designated

critical habitat will continue to have

opportunity to utilize their property in

ways consistent with State law and with

the continued survival of the plant

species.

6. Federalism

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. As discussed

above, the designation of critical habitat

in areas currently occupied by the 32

plant species would have little

incremental impact on State and local

governments and their activities. The

designations may have some benefit to

these governments in that the areas

essential to the conservation of these

species are more clearly defined, and

the primary constituent elements of the

habitat necessary to the survival of the

species are identified. While this

definition and identification does not

alter where and what federally

sponsored activities may occur, it may

assist these local governments in long

range planning rather than waiting for

case-by-case section 7 consultation to

occur.

7. Civil Justice Reform

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order. We designate

critical habitat in accordance with the

provisions of the Endangered Species

Act. The rule uses standard property

descriptions and identifies the primary

constituent elements within the

designated areas to assist the public in

understanding the habitat needs of the

32 plant species.

8. Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

This rule does not contain any

information collection requirements for

which OMB approval under the

Paperwork Reduction Act is required.

9. National Environmental Policy Act

We have determined that an

Environmental Assessment and/or an

Environmental Impact Statement as

defined by the National Environmental

Policy Act of 1969 need not be prepared

in connection with regulations adopted

pursuant to section 4(a) of the Act, as

amended. A notice outlining our reason

for this determination was published in

the Federal Register on October 25,

1983 (48 FR 49244). This proposed rule

does not constitute a major Federal

action significantly affecting the quality

of the human environment.

10. 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) and 512

DM 2, we understand that Federally

recognized Tribes must be related to on

a Government-to-Government basis. The

1997 Secretarial Order on Native

Americans and the Act clearly states

that Tribal lands should not be

designated unless absolutely necessary

for the conservation of the species.

According to the Secretarial Order,

‘‘Critical habitat shall not be designated

in an area that may impact Tribal trust

resources unless it is determined

essential to conserve a listed species. In

designating critical habitat, the Services

shall evaluate and document the extent

to which the conservation needs of a

listed species can be achieved by

limiting the designation to other lands.’’

We determined that no Tribal lands

are essential for any of the 18

plantsspecies for which critical habitat

designation is proposed because none of

these plants are known to occur on

Tribal lands.

References Cited

A complete list of all references cited

in this proposed rule is available upon

request from the Pacific Islands

Ecoregion Office (see ADDRESSES

section).

Authors

The primary authors of this notice are

Christa Russell, Michelle Stephens, and

Marigold Zoll (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations as

set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. In § 17.12(h) revise the entries for

Alectryon macrococcus, Bidens wiebkei,

Brighamia rockii, Canavalia

molokaiensis, Centarium sebaeoides,

Clermontia oblongifolia ssp. brevipes,

Cyanea dunbarii, Cyanea grimesiana

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83191

ssp. grimesiana, Cyanea mannii, Cyanea

procera, Hesperomannia arborescens,

Hibiscus arnottianus ssp. immaculatus,

Ischaemum byrone, Labordia triflora,

Mariscus fauriei, Melicope (=Pelea)

mucronulata, Melicope reflexa,

Neraudia sericea, Peucedanum

sandwicense, Schiedea lydgatei,

Schiedea sarmentosa, Sesbania

tomentosa, Silene alexandri, Silene

lanceolata, Spermolepis hawaiiensis,

Stenogyne bifida, Tetramolopium rockii,

Vigna o-wahuensis, and Zanthoxylum

hawaiiense under ‘‘FLOWERING

PLANTS’’ and Ctenitis squamigera,

Diellia erecta and Marsilea villosa,

under ‘‘FERNS AND ALLIES’’ to read as

follows:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

FLOWERING

PLANTS

*******

Alectryon

macroccoccus.

Mahoe ..................... U.S.A. (HI) .............. SapindaceaeSoapberry.E 467 17.96(a) NA

*******

Bidens wiebkei ......... Kookoolau ............... U.S.A. (HI) .............. Asteraceae-Sunflower.E 480 17.96(a) NA

*******

Brighamia rockii ....... Olulu ....................... U.S.A. (HI) .............. CampanulaceaeBell flower.E 530 17.96(a) NA

*******

Canavalia

molokaiensis.

Awikiwiki ................. U.S.A. (HI) .............. Fabaceae-Legume E 480 17.96(a) NA

*******

Centaurium

sebaeoides.

Awiwi ...................... U.S.A. (HI) .............. Gentianaceae-Gentian.E 448 17.96(a) NA

*******

Clermontia

oblongifolia ssp.

brevipes.

Oha wai .................. U.S.A. (HI) .............. CampanulaceaeBell flower.E 480 17.96(a) NA

*******

Cyanea dunbarii ...... Haha ....................... U.S.A. (HI) .............. CampanulaceaeBell flower.E 594 17.96(a) NA

*******

Cyanea grimesiana

ssp. grimesiana.

Haha ....................... U.S.A. (HI) .............. CampanulaceaeBell flower.E 592 17.96(a) NA

*******

Cyanea mannii ......... Haha ....................... U.S.A. (HI) .............. CampanulaceaeBell flower.E 480 17.96(a) NA

*******

Cyanea procera ....... Haha ....................... U.S.A. (HI) .............. CampanulaceaeBell flower.E 480 17.96(a) NA

*******

Hesperomannia

arborescens.

None ....................... U.S.A. (HI) .............. Asteraceae-Sunflower.E 536 17.96(a) NA

*******

Hibiscus arnottianus

ssp. immaculatus.

Kokio keokeo .......... U.S.A. (HI) .............. Malvaceae-Mallow .. E 480 17.96(a) NA

*******

Ischaemum bryone .. Hilo ischaemum ...... U.S.A. (HI) .............. Poaceae-Grass ....... E 532 17.96(a) NA

*******

Labordia triflora ........ Kamakahala ............ U.S.A. (HI) .............. Loganiaceae-Logan E 666 17.96(a) NA

*******

Mariscus fauriei ....... None ....................... U.S.A. (HI) .............. Cyperaceae-Sedge E 532 17.96(a) NA

83192 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

*******

Melicope (=Pelea)

mucronulata.

Alani ........................ U.S.A. (HI) .............. Rutaceae-Rue ........ E 467 17.96(a) NA

*******

Melicope reflexa ...... Alani ........................ U.S.A. (HI) .............. Rutaceae-Rue ........ E 480 17.96(a) NA

*******

Neraudia sericea ..... None ....................... U.S.A. (HI) .............. Urticaceae-Nettle .... E 559 17.96(a) NA

*******

Peucedanum

sandwicense.

Makou ..................... U.S.A. (HI) .............. Apiaceae-Parsley ... T 530 17.96(a) NA

*******

Schiedea lydgatei .... None ....................... U.S.A. (HI) .............. CaryophyllaceaePink.E 480 17.96(a) NA

*******

Schiedea

sarmentosa.

None ....................... U.S.A. (HI) .............. CaryophyllaceaePink.E 594 17.96(a) NA

*******

Sesbania tomentosa Ohai ........................ U.S.A. (HI) .............. Fabaceae-Legume E 559 17.96(a) NA

*******

Silene alexandri ....... None ....................... U.S.A. (HI) .............. CaryophyllaceaePink.E 480 17.96(a) NA

*******

Silene lanceolata ..... None ....................... U.S.A. (HI) .............. CaryophyllaceaePink.E 480 17.96(a) NA

*******

Spermolepis

hawaiiensis.

None ....................... U.S.A. (HI) .............. Apiaceae-Parsley ... E 559 17.96(a) NA

*******

Stenogyne bifida ...... None ....................... U.S.A. (HI) .............. Lamiaceae-Mint ...... E 480 17.96(a) NA

*******

Tetramolopium rockii None ....................... U.S.A. (HI) .............. Asteraceae-Sunflower.T 480 17.96(a) NA

*******

Vigna o-wahuensis .. None ....................... U.S.A. (HI) .............. Fabaceae-Legume E 559 17.96(a) NA

*******

Zanthoxylum

hawaiiense.

Ae ........................... U.S.A. (HI) .............. Rutaceae-Rue ........ E 532 17.96(a) NA

*******

FERNS AND ALLIES

*******

Ctenitis squamigera Pauoa ..................... U.S.A. (HI) .............. AspleniaceaeSpleenwort.E 553 17.96(a) NA

*******

Diellia erecta ............ Asplenium leaved

diellia.

U.S.A. (HI) .............. AspleniaceaeSpleenwort.E 559 17.96(a) NA

*******

Marsilea villosa ........ Ihiihi ........................ U.S.A. (HI) .............. MarsileaceaeMarselia.E 474 17.96(a) NA

*******

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83193

3. In § 17.96, as proposed to be

amended at 65 FR 66865, November 7,

2000, add introductory text to paragraph

(a)(1)(i), add paragraph (a)(1)(i)(F), and

revise paragraphs (a)(1)(ii)(A) and

(a)(1)(ii)(B) to read as follows:

§ 17.96 Critical habitat—plants.

(a) * * *

(1) * * *

(i) Maps and critical habitat unit

descriptions. The following sections

contain the legal descriptions of the

critical habitat units designated for each

of the Hawaiian islands. Existing

features and structures within proposed

areas, such as buildings, roads,

aquaducts, telecommunication

equipment, arboreta and gardens, heiaus

(indigenous place of worship, shrine)

and other man-made features do not

contain, and are not likely to develop,

the constituent elements described for

each species in paragraphs (a)(1)(ii)(A)

and (a)(1)(ii)(B) of this section.

Therefore, these features or structures

are not included in the critical habitat

designation.

* * * * *

(F) Molokai. Critical habitat areas are

described below. Coordinates are in

UTM Zone 4 with units in meters using

North American Datum of 1983

(NAD83). The following map shows the

general locations of the 28 critical

habitat units designated on the island of

Molokai.

Note: Map follows:

83194 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Critical Habitat Molokai Unit A (73 ha;

180 ac)

Unit consists of the following nine

points and the intermediate coastline:

676640, 2336512; 676640, 2336514;

676904, 2336494; 677235, 2336150;

677203, 2335634; 676861, 2335347;

676443, 2335339; 676250, 2335477;

676251, 2335477.

Note: Map follows:

Critical Habitat Molokai Unit B (49 ha;

121 ac)

Unit consists of the following seven

points and the intermediate coastline:

681491, 2347819; 681525, 2347655;

681398, 2347338; 681107, 2347147;

680780, 2347124; 680587, 2347237;

680587, 2347242.

Note: Map follows:

Critical Habitat Molokai Unit C (254 ha;

628 ac)

Unit consists of the following seven

points and the intermediate coastline:

686185, 2347195; 686152, 2346870;

685737, 2346591; 684786, 2346346;

683426, 2346387; 683093, 2346978;

683235, 2347250.

Note: Map follows:

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83195

Critical Habitat Molokai Unit D (308 ha;

761 ac)

Unit consists of the following seven

points and the intermediate coastline:

694720, 2345197; 694782, 2344764;

694149, 2344287; 693299, 2344108;

691629, 2344413; 691383, 2344965;

691494, 2345158.

Note: Map follows:

Critical Habitat Molokai Unit E (72 ha;

178 ac)

Unit consists of the following eight

points and the intermediate coastline:

696491, 2344923; 696492, 2344923;

696513, 2344602; 696230, 2344266;

695857, 2344202; 695415, 2344391;

695282, 2344860; 695376, 2345085.

Note: Map follows:

Critical Habitat Molokai Unit F (77 ha;

190 ac)

Unit consists of the following twelve

boundary points: 716712, 2337581.

716580, 2337654; 716662, 2338123;

717072, 2338381; 717424, 2338357;

717740, 2338123; 717849, 2337728;

716851, 2337552; 716804, 2337550;

716798, 2337555; 716769, 2337574;

716713, 2337581.

Note: Map follows:

83196 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Critical Habitat Molokai Unit G (649 ha;

1,604 ac)

Unit consists of the following eleven

boundary points: 718149, 2335058;

718210, 2335097; 718915, 2333601;

718541, 2332609; 716606, 2332055;

716139, 2332523; 716247, 2334342;

716654, 2335225; 717898, 2334905;

717955, 2334888; 717969, 2334907.

Note: Map follows:

Critical Habitat Molokai Unit H (939 ha;

2,320 ac)

Unit consists of the following fifteen

boundary points: 715073, 2335632;

714272, 2334677; 713628, 2334820;

710107, 2333328; 709463, 2333507;

709260, 2334271; 709630, 2335202;

711539, 2335906; 711325, 2336985;

712291, 2337541; 712769, 2336467;

713291, 2336291; 713217, 2336246;

713076, 2336161; 713071, 2336154.

Note: Map follows:

Critical Habitat Molokai Unit I (204 ha;

504 ac)

Unit consists of the following seven

boundary points: 713530, 2336433;

712780, 2336945; 712864, 2337613;

713640, 2338102; 714224, 2338019;

714651, 2337113; 714627, 2337098.

Note: Map follows:

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83197

Critical Habitat Molokai Unit J (714 ha;

1,764 ac)

Unit consists of the following fifteen

boundary points: 711289, 2341384;

712255, 2340095; 713126, 2340227;

713640, 2339630; 713258, 2338914;

712625, 2338926; 712088, 2339332;

711301, 2339045; 712112, 2338687;

712148, 2337708; 711217, 2337577;

710059, 2338794; 710024, 2339570;

710489, 2340286; 710382, 2340847.

Note: Map follows:

Critical Habitat Molokai Unit K (127 ha;

314 ac)

Unit consists of the following seven

boundary points: 710982, 2333123;

711568, 2332839; 711717, 2332325;

711434, 2331869; 710900, 2331777;

710472, 2332099; 710381, 2332686.

Note: Map follows:

Critical Habitat Molokai Unit L (137 ha;

339 ac)

Unit consists of the following eight

boundary points: 714885, 2332152;

715357, 2331885; 715429, 2331230;

715183, 2330831; 714703, 2330746;

714265, 2330992; 714167, 2331587;

714367, 2332021.

Note: Map follows:

83198 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Critical Habitat Molokai Unit M (122 ha;

301 ac)

Unit consists of the following seven

boundary points: 716748, 2331446;

717191, 2331185; 717253, 2330676;

716951, 2330171; 716313, 2330233;

715973, 2330692; 716191, 2331324.

Note: Map follows:

Critical Habitat Molokai Unit N (300 ha;

741 ac)

Unit consists of the following fifteen

boundary points: 722270, 2333916;

722443, 2333591; 722371, 2333139;

722016, 2332844; 721535, 2332903;

720951, 2333534; 720468, 2333549;

720075, 2333794; 719953, 2334346;

720198, 2334756; 720518, 2334933;

721004, 2334828; 721295, 2334481;

721807, 2334411; 722031, 2334064.

Note: Map follows:

Critical Habitat Molokai Unit O (44 ha;

109 ac)

Unit consists of the following

seventeen boundary points: 719860,

2335968; 719493, 2335459; 718713,

2335538; 719597, 2336291; 719603,

2336276; 719620, 2336255; 719626,

2336226; 719623, 2336191; 719631,

2336157; 719639, 2336135; 719657,

2336101; 719672, 2336081; 719694,

2336066; 719735, 2336045; 719755,

2336030; 719781, 2336002; 719794,

2335992.

Note: Map follows:

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83199

Critical Habitat Molokai Unit P (118 ha;

291 ac)

Unit consists of the following eight

boundary points: 723887, 2334107;

724418, 2333859; 724467, 2333254;

724204, 2332957; 723802, 2332837;

723440, 2332990; 723160, 2333488;

723454, 2333941.

Note: Map follows:

Critical Habitat Molokai Unit Q (285 ha;

704 ac)

Unit consists of the following eight

boundary points: 726254, 2335771;

727798, 2336579; 728318, 2336555;

728597, 2336013; 728426, 2335538;

726780, 2334697; 726306, 2334816;

726089, 2335373.

Note: Map follows:

Critical Habitat Molokai Unit R (122 ha;

301 ac)

Unit consists of the following eight

boundary points: 732455, 2341104;

732704, 2340714; 732545, 2340158;

731888, 2339994; 731435, 2340323;

731441, 2340821; 731645, 2341140;

732093, 2341287.

Note: Map follows:

83200 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Critical Habitat Molokai Unit S (199 ha;

492 ac)

Unit consists of the following nine

points and the intermediate coastline:

734741, 2342919; 734879, 2342711;

734820, 2342320; 734020, 2341450;

733685, 2341380; 733205, 2341646;

733120, 2342247; 733902, 2343068;

733923, 2343082.

Note: Map follows:

Critical Habitat Molokai Unit T (125 ha;

309 ac)

Unit consists of the following eight

points and the intermediate coastline:

728702, 2342486; 728109, 2341927;

727848, 2341860; 727550, 2341914;

727329, 2342114; 727236, 2342328;

727235, 2342611; 727358, 2342827.

Note: Map follows:

Critical Habitat Molokai Unit U (194 ha;

479 ac)

Unit consists of the following nine

boundary points: 725621, 2341045;

726046, 2340710; 726486, 2339828;

726437, 2339432; 726103, 2339195;

725666, 2339128; 725392, 2339392;

724991, 2340179; 724976, 2340681.

Note: Map follows:

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83201

Critical Habitat Molokai Unit V (283 ha;

699 ac)

Unit consists of the following eight

points and the intermediate coastline:

726312, 2342554; 726525, 2342355;

726532, 2341699; 724187, 2340913;

723553, 2341022; 723113, 2341371;

723183, 2341795; 723236, 2341873.

Note: Map follows:

Critical Habitat Molokai Unit W (1 ha;

2 ac)

Unit consists of the entire island,

located at 715835, 2342456.

Note: Map follows:

Critical Habitat Molokai Unit X (424 ha;

1,048 ac)

Unit consists of the following eight

points and the intermediate coastline:

714892, 2342337; 714895, 2342336;

714921, 2341907; 714427, 2341515;

712984, 2342002; 712223, 2343400;

711532, 2345604; 712012, 2345954.

Note: Map follows:

83202 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Critical Habitat Molokai Unit Y (115 ha;

284 ac)

Unit consists of the following ten

points and the intermediate coastline:

708130, 2343363; 708406, 2343292;

708634, 2342975; 708627, 2342526;

708224, 2342169; 707709, 2342227;

707456, 2342514; 707423, 2342848;

707514, 2343152; 707727, 2343294.

Note: Map follows:

Critical Habitat Molokai Unit Z (111 ha;

274 ac)

Unit consists of the following six

boundary points: 689443, 2345663;

689444, 2345664; 689460, 2345662;

689479, 2345646; 689461, 2345661;

689448, 2345663.

Note: Map follows:

Critical Habitat Molokai Unit Aa (114

ha; 281 ac)

Unit consists of the following six

points and the intermediate coastline:

711994, 2346034; 711678, 2345884;

710942, 2346030; 710630, 2346428;

710562, 2346895; 710826, 2347185.

Note: Map follows:

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83203

Critical Habitat Molokai Unit Bb (4 ha;

10 ac)

Unit consists of the entire island,

located 715510, 2343836.

Note: Map follows:

TABLE (a)(1)(i)(F)—PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR MOLOKAI

Unit name Species

Molokai A ............................................................ Marsilea villosa

Molokai B ............................................................ Marsilea villosa

Molokai C ............................................................ Centaurium sebaeoides; Marsilea villosa

Molokai D ............................................................ Sesbania tomentosa; Tetramolopium rockii

Molokai E ............................................................ Sesbania tomentosa

Molokai F ............................................................. Cyanea procera

Molokai G ............................................................ Alectryon macrococcus; Bidens wiebkei; Cyanea mannii; Diellia erecta; Neraudia sericea;

Schiedea lydgatei; Schiedea sarmentosa; Sesbania tomentosa; Silene lanceolata; Silene

alexandri; Spermolepis hawaiiensis; Vigna o-wahuensis; Zanthoxylum hawaiiensis

Molokai H ............................................................ Alectryon macrococcus; Mariscus fauriei; Melicope mucronulata; Schidea lydgatei; Schiedea

sarmentosa; Sesbania tomentosa

Molokai I .............................................................. Alectryon macrococcus; Canavalia molokaiensis

Molokai J ............................................................. Canavalia molokaiensis; Cyanea dunbarii; Cyanea mannii

Molokai K ............................................................ Sesbania tomentosa

Molokai L ............................................................. Sesbania tomentosa

Molokai M ............................................................ Sesbania tomentosa

Molokai N ............................................................ Ctenitis squamigera, Cyanea mannii, and Labordia triflora

Molokai O ............................................................ Clermontia oblongifolia ssp. brevipes

Molokai P ............................................................ Stenogyne bifida

Molokai Q ............................................................ Melicope reflexa

Molokai R ............................................................ Diellia erecta

Molokai S ............................................................ Bidens wiebkei

Molokai T ............................................................. Hibiscus arnottianus ssp. immaculatus; Ischaemum byrone

Molokai U ............................................................ Cyanea grimesiana ssp. grimesiana; Melicope reflexa

83204 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

TABLE (a)(1)(i)(F)—PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR MOLOKAI—Continued

Unit name Species

Molokai V ............................................................ Brighamia rockii; Cyanea grimesiana ssp. grimesiana; Hesperomannia arborescens; Hibiscus

arnottianus ssp. immaculatus; Ischaemum byrone; Peucedanum sandwicense

Molokai W ............................................................ Brighamia rockii; Peucedanum sandwicense

Molokai X ............................................................ Canavalia molokaiensis; Tetramolopium rockii

Molokai Y ............................................................ Peucedanum sandwicense

Molokai Z ............................................................. Tetramolopium rockii

Molokai Aa .......................................................... Centaurium sebaeoides

Molokai Bb .......................................................... Peucedanum sandwicensis

(ii) Hawaiian plants—Constituent

elements.

(A) Flowering plants.

Family Apiaceae: Peucedanum

sandwicense (makou)

i. Kauai F, G, I, and M, identified in

the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Peucedanum

sandwicense on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Cliff habitats (a) in mixed shrub coastal

dry cliff communities or diverse mesic

forest and (b) containing one or more of

the following associated native plant

species: Hibiscus kokio, Brighamia

insignis, Bidens sp., Artemisia sp.,

Lobelia niihauensis, Wilkesia

gymnoxiphium, Canthium odoratum,

Dodonaea viscosa, Psychotria sp.,

Acacia koa, Kokio kauaiensis, Carex

meyenii, Panicum lineale, Chamaesyce

celastroides, Eragrostis sp., Diospyros

sp., or Metrosideros polymorpha; and

(2) elevations from sea level to above

915 m (3,000 ft).

ii. Molokai units V, W, Y and Bb,

identified in the legal descriptions in

paragraph (a)(1)(i)(F) of this section

constitute critical habitat for

Peucedanum sandwicense on Molokai.

Within this unit the currently known

primary constituent elements of critical

habitat for Peucedanum sandwicense

are the habitat components that provide:

(1) Cliff habitats with brown soil and

talus—(a) in Chamaesyce celastroides

var. amplectans—Chenopodium

oahuense coastal dry shrubland or

Diospyros sandwicensis forest and (b)

containing one or more of the following

associated native species: Eragrostis sp.,

Santalum ellipticum, Pritchardia

hillebrandii, Reynoldsia sandwicensis,

Osteomeles anthyllidifolia, Scaevola

sericea, Senna gaudichaudii,

Pittosporum halophilum, Sida fallax,

Plumbago zeylanica, Artemisia

australis, Portulaca lutea, Lepidium

bidentatum var. o-waihiense, Schiedea

globosa, Lipochaeta integrifolia,

Peperomia remyi, Plechranthus

parviflorus, Dianella sandwicensis, or

Metrosideros polymorpha; and (2) from

sea level to above 900 m (3,000 ft).

Family Apiaceae: Spermolepis

hawaiiensis (no common name)

i. Kauai B and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Spermolepis hawaiiensis on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Metrosideros polymorpha

forests or Dodonaea viscosa lowland dry

shrubland containing one or more of the

following associated plant species:

Eragrostis variabilis, Bidens

sandvicensis, Schiedea spergulina,

Lipochaeta sp., Cenchrus

agrimonioides, Sida fallax, Doryopteris

sp., or Gouania hillebrandii; and (2)

elevations of about 305 to 610 m (1,000

to 2,000 ft).

ii. Molokai unit G, identified in the

legal description in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Spermolepis

hawaiiensis on Molokai. Within this

unit the currently known primary

constituent elements of critical habitat

for Spermolepis hawaiiensis are the

habitat components that provide: (1)

shady spots in Dodonea viscosa lowland

dry shrubland and containing one or

more of the following associated native

species: Eragrostis variabilis, Lipochaeta

lavarum, Sida fallax, Myoporum

sandwicensis, Santalum elipticum, and

Heteropogon contortus; and (2) an

elevation of 219 m (720 ft).

Family Apocynaceae: Pteralyxia

kauaiensis (kaulu)

Kauai F, G, I, M, Q, T, and U,

identified in the legal descriptions in

paragraph (a)(1)(i)(A) of this section,

constitute critical habitat for Pteralyxia

kauaiensis on Kauai. Within these units,

the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Diverse mesic or wet forests containing

one or more of the following associated

plant taxa: Pisonia sandwicensis,

Euphorbia haeleeleana, Charpentiera

elliptica, Pipturus sp., Neraudia

kauaiensis, Hedyotis terminalis,

Pritchardia sp., Gardenia remyi,

Syzygium sp., Pleomele sp., Cyanea sp.,

Hibiscus sp., Kokia kauaiensis,

Alectryon macrococcus, Canthium

odoratum, Nestegis sandwicensis, Bobea

timonioides, Rauvolfia sandwicensis,

Nesoluma polynesicum, Myrsine

lanaiensis, Caesalpinia kauaiensis,

Tetraplasandra sp., Acacia koa,

Styphelia tameiameiae, Dodonaea

viscosa, Gahnia sp., Freycinetia arborea,

Psychotria mariniana, Diplazium

sandwichianum, Zanthoxylum

dipetalum, Carex sp., Delissea sp.,

Xylosma hawaiiense, Alphitonia

ponderosa, Santalum freycinetianum,

Antidesma sp., Diospyros sp.,

Metrosideros polymorpha, Dianella

sandwicensis, Poa sandwicensis,

Schiedea stellarioides, Peperomia

macraeana, Claoxylon sandwicense, or

Pouteria sandwicensis; and (2)

elevations between 250 to 610 m (820 to

2,000 ft).

Family Araliaceae: Munroidendron

racemosum (no common name)

Kauai G, I, M, and N, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Munroidendron

racemosum on Kauai. Within these

units the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Steep exposed cliffs or ridge slopes (a)

in coastal or lowland mesic forest and

(b) containing one or more of the

following associated plant taxa: Pisonia

umbellifera, Canavalia galeata, Sida

fallax, Brighamia insignis, Canthium

odoratum, Psychotria sp., Nestegis

sandwicensis, Tetraplasandra sp.,

Bobea timonioides, Rauvolfia

sandwicensis, Pleomele sp., Pouteria

sandwicensis, or Diospyros sp.; and (2)

elevations between 120 to 400 m (395 to

1,310 ft).

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83205

Family Asteraceae: Bidens wiebkei

(kookoolau)

Molokai units G and S, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Bidens wiebkei on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Bidens

wiebkei are the habitat components that

provide: (1) Steep, exposed slopes—(a)

in Metrosideros polymorpha dominated

mesic shrublands or dry or mesic

Metrosideros polymorpha—Styphelia

tameiameiae lowland shrubland and (b)

containing one or more of the following

associated native plant species:

Antidesma sp., Dodonea viscosa,

Canthium odoratum, Lysimachia sp.,

Nestegis sandwicensis, Phyllanthus

sandwicensis, Pisonia sp., or Scaevola

gaudichaudii; and (2) elevations

between 250 and 1,050 m (820 and

3,450 ft).

Family Asteraceae: Dubautia latifolia

(na‘ena‘e)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Dubautia latifolia on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Gentle or steep slopes on

well drained soil in (a) semi-open or

closed, diverse montane mesic forest

dominated by Acacia koa and/or

Metrosideros polymorpha and (b)

containing one or more of the following

native plant species: Pouteria

sandwicensis, Dodonaea viscosa,

Nestegis sandwicensis, Diplazium

sandwichianum, Elaeocarpus bifidus,

Claoxylon sandwicense, Bobea sp.,

Pleomele sp., Antidesma sp., Cyrtandra

sp., Xylosma sp., Alphitonia ponderosa,

Coprosma waimeae, Dicranopteris

linearis, Hedyotis terminalis, Ilex

anomala, Melicope anisata, Psychotria

mariniana, or Scaevola sp.; and (2)

elevations between 800 to 1,220 m

(2,625 to 4,000 ft).

Family Asteraceae: Dubautia

pauciflorula (na‘ena‘e)

Kauai L, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Dubautia pauciflorula on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Lowland wet forest within

stream drainages; and (2) elevations

between 670–700 m (2,200–2,300 ft).

Family Asteraceae: Hesperomannia

arborescens (No common name)

Molokai unit V, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitute critical habitat for

Hesperomannia arborescens on

Molokai. Within this unit the currently

known primary constituent elements of

critical habitat for Hesperomannia

arborescens are the habitat components

that provide: (1) Slopes or ridges—(a) in

wet Metrosideros polymorpha—

Dicranopteris linearis lowland forest or

mesic Diospyros sandwicensis—

Metrosideros polymorpha lowland

forest transition zones and (b)

containing one or more of the following

associated native plant species:

Broussaisia arguta, Freycinetia arborea,

Antidesma sp., Cibotium glaucum,

Psychotria mauiensis, Elaphoglossum

sp., Coprosma sp., Hedyotis sp.,

Cheirodendron sp., Smilax

melastomifolia, Clermontia pallida,

Thelypteris sp., Diplopterygium

pinnatum, Ilex anomala, Myrsine sp.,

Urera glabra, Cyrtandra sp., Pipturus

sp., Boehmeria grandis, Nestegis

sandwicensis, Nephrolepis exaltata, or

Wikstroemia sp.; and (2) elevations

between 360 and 750 m (1,200 and

2,500 ft).

Family Asteraceae: Hesperomannia

lydgatei (no common name)

Kauai F, L, and P, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Hesperomannia

lydgatei on Kauai. Within these units,

the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Stream banks with rich brown soil and

silty clay (a) in Metrosideros

polymorpha or Metrosideros

polymorpha-Dicranopteris linearis

lowland wet forest and (b) containing

one or more of the following associated

native plant species: Adenophorus sp.,

Antidesma sp., Broussaisia arguta,

Cheirodendron sp., Elaphoglossum sp.,

Freycinetia arborea, Hedyotis

terminalis, Labordia lydgatei,

Machaerina angustifolia, Peperomia sp.,

Pritchardia sp., Psychotria hexandra,

and Syzygium sandwicensis; and (2)

elevations between 410–915 m (1,345–

3,000 ft).

Family Asteraceae: Lipochaeta fauriei

(nehe)

Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Lipochaeta fauriei on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Moderate shade to full

sun on the sides of steep gulches (a) in

diverse lowland mesic forests and (b)

containing one or more of the following

native species: Diospyros sp., Myrsine

lanaiensis, Euphorbia haeleeleana,

Acacia koa, Pleomele aurea, Sapindus

oahuensis, Nestegis sandwicensis,

Dodonaea viscosa, Psychotria

mariniana, Psychotria greenwelliae,

Kokia kauaiensis, or Hibiscus waimeae;

and (2) elevations between 480 and 900

m (1,575 and 2,950 ft).

Family Asteraceae: Lipochaeta

micrantha (nehe)

i. Kauai I and M, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Lipochaeta micrantha

on Kauai. Within these units the

currently known primary constituent

elements of critical habitat for

Lipochaeta micrantha var. exigua are

habitat components that provide: (1)

Cliffs, ridges, or slopes (a) in grassy,

shrubby or dry mixed communities and

(b) containing one or more of the

following associated native plant

species: Artemisia australis, Bidens

sandvicensis, Plectranthus parviflorus,

Chamaesyce celastroides, Diospyros sp.,

Canthium odoratum, Neraudia sp.,

Pipturus sp., Hibiscus kokio, Sida

fallax, Eragrostis sp., or Lepidium

bidentatum; and (2) elevations between

305–430 m (1,000–1,400 ft).

ii. Within these units, the currently

known primary constituent elements of

critical habitat for Lipochaeta micrantha

var. micrantha are habitat components

that provide: (1) Basalt cliffs, stream

banks, or level ground (a) in mesic or

diverse Metrosideros polymorphaDiospyros sp. forest and (b) containing

one or more of the following associated

native plant species: Lobelia

niihauensis, Chamaesyce celastroides

var. hanapepensis, Neraudia

kauaiensis, Rumex sp., Nontrichium sp.

(kului), Artemisia sp., Dodonaea

viscosa, Antidesma sp., Hibiscus sp.,

Xylosma sp., Pleomele sp., Melicope sp.,

Bobea sp., and Acacia koa; and (2)

elevations between 610–720 m (2,000–

2,360 ft).

Family Asteraceae: Lipochaeta

waimeaensis (nehe)

Kauai B, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Lipochaeta waimeaensis on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Precipitous, shrub-covered

gulch (a) in diverse lowland forest and

83206 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

(b) containing the native species

Dodonaea viscosa or Lipochaeta

connata; and (2) elevations between 350

and 400 m (1,150 and 1,310 ft).

Family Asteraceae: Remya kauaiensis

(no common name)

Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Remya kauaiensis on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Steep, north or

northeast facing slopes (a) in Acacia

koa-Metrosideros polymorpha lowland

mesic forest and (b) containing one or

more of the following associated native

plant species: Chamaesyce sp., Nestegis

sandwicensis, Diospyros sp., Hedyotis

terminalis, Melicope ssp., Pouteria

sandwicensis, Schiedea membranacea,

Psychotria mariniana, Dodonaea

viscosa, Dianella sandwicensis,

Tetraplasandra kauaiensis, or

Claoxylon sandwicensis; and (2)

elevations between 850 to 1,250 m

(2,800 to 4,100 ft).

Family Asteraceae: Remya montgomeryi

(no common name)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Remya montgomeryi on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep, north or northeastfacing slopes, cliffs, or stream banks

near waterfalls (a) in Metrosideros

polymorpha mixed mesic forest and (b)

containing one or more of the following

associated native plant species:

Lysimachia glutinosa, Lepidium serra,

Boehmeria grandis, Poa mannii,

Stenogyne campanulata, Myrsine

linearifolia, Bobea timonioides, Ilex

anomala, Zanthoxylum dipetalum,

Claoxylon sandwicensis,

Tetraplasandra spp., Artemisia sp.,

Nototrichium sp., Cyrtandra sp.,

Dubautia plantaginea, Sadleria sp.,

Cheirodendron sp., Scaevola sp., or

Pleomele sp.; and (2) elevations between

850 to 1,250 m (2,800 to 4,100 ft).

Family Asteraceae: Tetramolopium

rockii (No common name)

Molokai units D, X and Z, identified

in the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Tetramolopium rockii

on Molokai. Within these units the

currently known primary constituent

elements of critical habitat for

Tetramolopium rockii are the habitat

components that provide: (1) Hardened

calcareous sand dunes or ash-covered

basalt—(a) in the coastal spray zone or

coastal dry shrublands and grasslands

and (b) containing one or more of the

following associated native species:

Canthium odoratum, Diospyros

sandwicensis, Metrosideros

polymorpha, Osteomeles anthyllidifolia,

Scaevola sp., Fimbristylis cymosa,

Heliotropium anomalum, Lipochaeta

integrifolia, Sida fallax, and Sporobolus

virginicus; and (2) between 10 and 200

m (30 and 650 ft) in elevation.

Family Asteraceae: Wilkesia hobdyi

(dwarf iliau)

Kauai G and J, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Wilkesia hobdyi on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Coastal dry cliffs or very dry

ridges containing one or more of the

following associated native plant

species: Artemisia sp., Wilkesia

gymnoxiphium, Lipochaeta connata,

Lobelia niihauensis, Peucedanum

sandwicensis, Hibiscus kokio ssp. saint

johnianus, Canthium odoratum,

Peperomia sp., Myoporum sandwicense,

Sida fallax, Waltheria indica, Dodonaea

viscosa, or Eragrostis variabilis; and (2)

elevations between 275 to 400 m (900 to

1,310 ft).

Family Campanulaceae: Brighamia

insignis (‘olulu)

Kauai E, G, and M, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, and Niihau B,

identified in the legal descriptions in

paragraph (a)(1)(i)(B) of this section,

constitute critical habitat for Brighamia

insignis on Kauai and Niihau. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Rocky ledges with little soil

or steep sea cliffs (a) in lowland dry

grasslands or shrublands with annual

rainfall that is usually less than 170 cm

(65 in.) and (b) containing one or more

of the following native plant species:

Artemisia sp., Chamaesyce celastroides,

Canthium odoratum, Eragrostis

variabilis, Heteropogon contortus,

Hibiscus kokio, Hibiscus

saintjohnianus, Lepidium serra,

Lipochaeta succulenta, Munroidendron

racemosum, or Sida fallax; and (2)

elevations between sea level to 480 m

(1,575 ft) elevation.

Family Campanulaceae: Brighamia

rockii (Pua ala)

Molokai units V and W, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Brighamia rockii on

Molokai. Within this unit the currently

known primary constituent elements of

critical habitat for Brighamia rockii are

the habitat components that provide: (1)

Rock crevices on steep basalt sea cliffs,

often within the spray zone—(a) in

coastal dry or mesic forest, Eragrostis

variabilis mixed coastal cliff

communities, or shrubland, or

Pritchardia sp. coastal mesic forest and

(b) containing one or more of the

following associated native plant

species: Pritchardia hillebrandii,

Chamaesyce celastroides var.

amplectans, Wikstoremia uva-ursi,

Carex wahuensis ssp. wahuensis,

Mariscus phleoides ssp. pleoides,

Eragrstis variabilis, Dianella

sandwicensis, Cocculus trilobus,

Phymatosorus scolopendria, Crytomium

falcatum, Lepidium bidentatum var. owaihiense, Pittosporum halophilum,

Artemisia sp., Bidens sp., Schiedea

globosa, Reynoldsia sandwicensis,

Pandanus tectorius, Peucedanum

sandwicensis, Hedyotis littoralis,

Metrosideros polymorpha, Psydrax

odoratum, Diospyros sandwicensis,

Osteomeles anthyllidifolia,

Tetramolopium cassia, Senna

gaudichaudii, or Scaevola sericea; and

(2) elevations between sea level and 470

m (0 and 1,540 ft).

Family Campanulaceae: Clermontia

oblongifolia ssp. brevipes (oha wai)

Molokai unit O, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitute critical habitat for

Clermontia oblongifolia ssp. brevipes on

Molokai. Within this unit the currently

known primary constituent elements of

critical habitat for Clermontia

oblongifolia ssp. brevipes are the habitat

components that provide: (1) Shallow

soil on gulch slopes—(a) in wet

Metrosideros polymorpha dominated

forests and (b) containing one or more

of the following associated native plant

species: Cheirodendron trigynum,

Cibotium spp., Broussaisia argutus,

Hedyotis terminalis, or Melicope sp.;

and (2) elevations between 1,100 and

1,200 m (3,500 and 4,320 ft).

Family Campanulaceae: Cyanea

asarifolia (haha)

Kauai R and T, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Cyanea asarifolia on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Pockets of soil on sheer rock

cliffs (a) in lowland wet forests and (b)

containing one or more of the following

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83207

native plant species: Hedyotis elatior,

Machaerina angustifolia, Metrosideros

polymorpha, Touchardia latifolia, or

Urera glabra; and (2) elevations between

330 to 730 m (1,080 to 2,400 ft).

Family Campanulaceae: Cyanea

dunbarii (haha)

Molokai unit J, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitute critical habitat for

Cyanea dunbarii on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Cyanea dunbarii are the habitat

components that provide: (1)

Streambanks on moderate to steep

slopes—(a) in mesic to wet

Dicranopteris linearis-Metrosideros

polymorpha lowland forest and (b)

containing one or more of the following

associated native plant species:

Diplazium sanwicianum, Charpentiera

obovata, Perrottetia sandwicensis,

Pipturus albidus, Clermontia kakeana,

Cheirodendron trigynum, or Freycinetia

arborea; and (2) elevation of 671 m

(2,200 ft).

Family Campanulaceae: Cyanea

grimesiana ssp. grimesiana (haha)

Molokai units U and V, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Cyanea grimesiana

ssp. grimesiana on Molokai. Within

these units the currently known primary

constituent elements of critical habitat

for Cyanea grimesiana ssp. grimesiana

are the habitat components that provide:

(1) cliffs, or (2) mesic forest dominated

by Metrosideros polymorpha or

Metrosideros polymorpha and Acacia

koa and containing one or more of the

following associated native plant

species: Psychotria sp., Bobea sp.,

Antidesma sp., Syzygium sndwicensis,

Xylosma sp., Cibotium sp., Doodia sp.,

Nephrolepis sp., Cyrtandra sp.,

Dicranopteris linearis, or Freycinetia

arborea; and (2) elevations between 350

and 945 m (1,150 and 3,100 ft).

Family Campanulaceae: Cyanea mannii

(haha)

Molokai units G, J, and N, identified

in the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Cyanea mannii on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Cyanea

mannii are the habitat components that

provide: (1) Sides of deep gulches—(a)

in Metrosideros polymorpha dominated

montane mesic forest and (b) containing

one or more of the following associated

native plant species: Wiskstroemia sp.,

Dicranopteris linearis, or Vaccinium sp.;

and (2) elevations between 559 and

1,220 m (1,900 and 4,000 ft).

Family Campanulaceae: Cyanea procera

(haha)

Molokai unit F, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitute critical habitat for

Cyanea procera on Molokai. Within this

unit the currently known primary

constituent elements of critical habitat

for Cyanea procera are the habitat

components that provide: (1) Walls of

steep gulches—(a) in wet Metrosideros

polymorpha dominated lowland mixed

forest and (b) containing one or more of

the following associated native plant

species: Asplenium sp., Brousaissia

arguta, Coprosma ochracea, Cyanea sp.,

Cyrtandra macrocalyx, Dicranopteris

linearis, Pipturus albidus, Pisonia sp.,

Scaevola procera, or Touchardia

latifolia; and (2) elevations between 935

and 1,073 m (3,180 and 3,650 ft).

Family Campanulaceae: Cyanea recta

(haha)

Kauai K, O, P, and R, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Cyanea recta on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Gulches or slopes (a) in

lowland wet or mesic Metrosideros

polymorpha forest or shrubland and (b)

containing one or more of the following

native plant species: Dicranopteris

linearis, Psychotria sp., Antidesma sp.,

Cheirodendron platyphyllum, Cibotium

sp., or Diplazium sp.; and (2) elevations

between 400 to 1,200 m (1,310 to 3,940

ft).

Family Campanulaceae: Cyanea remyi

(haha)

Kauai L, P, R, and T, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Cyanea remyi on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Lowland wet forest or

shrubland and containing one or more

of the following native plant species:

Antidesma sp., Cheirodendron sp.,

Diospyros sp., Broussaisia arguta,

Metrosideros polymorpha, Freycinetia

arborea, Hedyotis terminalis,

Machaerina angustifolia, Perrottetia

sandwicensis, Psychotria hexandra, or

Syzygium sandwicensis; and (2)

elevations between 360 to 930 m (1,180

to 3,060 ft).

Family Campanulaceae: Cyanea

undulata (haha)

Kauai L, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Cyanea undulata on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Pristine, undisturbed sites

along shady stream banks or steep to

vertical slopes; and (2) elevations

between 630 to 800 m (2,070 to 2,625 ft).

Family Campanulaceae: Delissea

rhytidosperma (no common name)

Kauai F, G, and M, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Delissea

rhytidosperma on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Well-drained soils with medium or finetextured subsoil (a) in diverse lowland

mesic forests or Acacia koa dominated

lowland dry forests and (b) containing

one or more of the following native

species: Euphorbia haeleeleana,

Psychotria hobdyi, Pisonia sp.,

Pteralyxia sp., Dodonaea viscosa,

Cyanea sp., Hedyotis sp., Dianella

sandwicensis, Diospyros sandwicensis,

Styphelia tameiameiae, or Nestegis

sandwicensis; and (2) elevations

between 120 and 915 m (400 and 3,000

ft).

Family Campanulaceae: Delissea

rivularis (‘oha)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Delissea rivularis on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Steep slopes near streams (a) in

Metrosideros polymorpha—

Cheirodendron trigynum montane wet

or mesic forest and (b) containing one or

more of the following native plant

species: Broussaisia arguta, Carex sp.,

Coprosma sp., Melicope clusiifolia, M.

anisata, Psychotria hexandra, Dubautia

knudsenii, Diplazium sandwichianum,

Hedyotis foggiana, Ilex anomala, or

Sadleria sp.; and (2) elevations between

1,100 to 1,220 m (3,610 to 4,000 ft).

Family Campanulaceae: Delissea

undulata (no common name)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Delissea undulata on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

83208 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

are habitat components that provide: (1)

Dry or mesic open Sophora

chrysophylla-Metrosideros polymorpha

forests containing one or more of the

following native plant species:

Diospyros sandwicensis, Dodonaea

viscosa, Psychotria mariniana, P.

greenwelliae, Santalum ellipticum,

Nothocestrum breviflorum, or Acacia

koa; and (2) elevations between 610–

1,740 m (2,000–5,700 ft).

Family Campanulaceae: Lobelia

niihauensis (no common name)

Kauai F, G, I, and J, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Lobelia niihauensis

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1) Exposed

mesic mixed shrubland or coastal dry

cliffs containing one or more of the

following associated native plant

species: Eragrostis sp., Bidens sp.,

Plectranthus parviflorus, Lipochaeta sp.,

Lythrum sp., Wilkesia hobdyi, Hibiscus

kokio ssp. saint johnianus,

Nototrichium sp., Schiedea

apokremnos, Chamaesyce celastroides,

Charpentiera sp., or Artemisia sp.; and

(2) elevations between 100 to 830 m

(330 to 2720 ft).

Family Caryophyllaceae: Alsinidendron

lychnoides (kuawawaenohu)

Kauai G and H, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Alsinidendron lychnoides on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Montane wet forests (a)

dominated by Metrosideros polymorpha

and Cheirodendron sp., or by

Metrosideros polymorpha and

Dicranopteris linearis and (b) containing

one or more of the following native

plant species: Carex sp., Cyrtandra sp.,

Machaerina sp., Vaccinium sp.,

Peperomia sp., Hedyotis terminalis,

Astelia sp., or Broussaisia arguta; and

(2) elevations between 1,100 and 1,320

m (3,610 and 4,330 ft).

Family Caryophyllaceae: Alsinidendron

viscosum (no common name)

Kauai I, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Alsinidendron viscosum on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep slopes (a) in Acacia

koa-Metrosideros polymorpha lowland,

montane mesic, or wet forest and (b)

containing one or more of the following

native plant species: Alyxia

olivaeformis, Bidens cosmoides, Bobea

sp., Carex sp., Coprosma sp., Dodonaea

viscosa, Gahnia sp., Ilex anomala,

Melicope sp., Pleomele sp., Psychotria

sp., or Schiedea stellarioides; and (2)

elevations between 820 and 1,200 m

(2,700 and 3,940 ft).

Family Caryophyllaceae: Schiedea

apokremnos (ma‘oli‘oli)

Kauai G and J, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Schiedea apokremnos on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Crevices of near-vertical

coastal cliff faces (a) in sparse dry

coastal shrub vegetation and (b)

containing one or more of the following

associated native plant species:

Heliotropium sp., Chamaesyce sp.,

Bidens sp., Artemisia australis, Lobelia

niihauensis, Wilkesia hobdyi,

Lipochaeta connata, Myoporum

sandwicense, Canthium odoratum, or

Peperomia sp.; and (2) elevations

between 60 to 330 m (200 to 1,080 ft).

Family Caryophyllaceae: Schiedea

helleri (no common name)

Kauai I, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Schiedea helleri on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Ridges and steep cliffs (a) in closed

Metrosideros polymorpha-Dicranopteris

linearis montane wet forest, or

Metrosideros polymorphaCheirodendron sp. montane wet forest,

or Acacia koa-Metrosideros polymorpha

montane mesic forest, and (b)

containing one or more of the following

associated native plant species:

Dubautia raillardioides, Scaevola

procera, Hedyotis terminalis, Syzygium

sandwicensis, Melicope clusifolia,

Cibotium sp., Broussaisia arguta,

Cheirodendron sp., Cyanea hirtella,

Dianella sandwicensis, Viola

wailenalenae, or Poa sandvicensis; and

(2) elevations between 1,065–1,100 m

(3,490–3,610 ft).

Family Caryophyllaceae: Schiedea

kauaiensis (no common name)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Schiedea kauaiensis on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep slopes (a) in diverse

mesic or wet forest and (b) containing

one or more of the following associated

plant taxa: Psychotria mariniana,

Psychotria hexandra, Canthium

odoratum, Pisonia sp., Microlepia

speluncae, Exocarpos luteolus,

Diospyros sp., Peucedanum

sandwicense, or Euphorbia haeleeleana;

and (2) elevations between 680–790 m

(2,230–2,590 ft).

Family Caryophyllaceae: Schiedea

lydgatei (No common name)

Molokai units G and H, identified in

the legal descriptions in paragraph

a)(1)(i)(F) of this section constitutes

critical habitat for Schiedea lydgatei on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Schiedea

lydgatei are the habitat components that

provide: (1) Along ridges—(a) in dry to

mesic grasslands, shrublands, and

forests with scattered native trees and

(b) containing one or more of the

following associated native species:

Dodonaea viscosa, Metrosideros

polymorpha, Styphelia tameiameiae,

and Dicranopteris linearis; and (2)

elevations from about 600 to 650 m

(2,000 to 2,100 ft).

Family Caryophyllaceae: Schiedea

membranacea (no common name)

Kauai G, I, and K, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Schiedea

membranacea on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Cliffs or cliff bases (a) in mesic or wet

habitats, (b) in lowland, or montane

shrubland, or forest communities

dominated by Acacia koa, Pipturus sp.

or Metrosideros polymorpha and (c)

containing one or more of the following

associated native plant species:

Hedyotis terminalis, Melicope sp.,

Pouteria sandwicensis, Poa mannii,

Hibiscus waimeae, Psychotria

mariniana, Canthium odoratum,

Pisonia sp., Perrottetia sandwicensis,

Scaevola procera, Sadleria cyatheoides,

Diplazium sandwicensis, Thelypteris

sandwicensis, Boehmeria grandis,

Dodonaea viscosa, Myrsine sp., Bobea

brevipes, Alyxia olivaeformis,

Psychotria greenwelliae, Pleomele sp.,

Alphitonia ponderosa, Joinvillea

ascendens ssp. ascendens, Athyrium

sandwichianum, Machaerina

angustifolia, Cyrtandra paludosa,

Touchardia latifolia, Thelypteris

cyatheoides, Lepidium serra, Eragrostis

variabilis, Remya kauaiensis,

Lysimachia kalalauensis, Labordia

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83209

helleri, Mariscus pennatiformis,

Asplenium praemorsum, or Poa

sandvicensis; and (2) elevations

between 520 and 1,160 m (1,700 and

3,800 ft).

Family Caryophyllaceae: Schiedea

nuttallii (no common name)

Kauai M, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Schiedea nuttallii on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Diverse lowland mesic forest, often with

Metrosideros polymorpha dominant,

containing one or more of the following

associated native plant species:

Antidesma sp, Psychotria sp.,

Perrottetia sandwicensis, Pisonia sp., or

Hedyotis acuminata; and (2) elevations

between 415 and 790 m (1,360 and

2,590 ft).

Family Caryophyllaceae: Schiedea

sarmentosa (No common name)

Molokai units G and H, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Schiedea sarmentosa

on Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Schiedea

sarmentosa are the habitat components

that provide: (1) Steep slopes—(a) in

Metrosideros polymorpha-Dodonaea

viscosa lowland dry or mesic shrubland

and (b) containing one or more of the

following associated native species:

Styphelia tameiameiae, Chenopodium

oahuensis, Alyxia oliviformis, Pleomele

sp., Bidens menziesii, Carex meynii,

Lipochaeta rockii, Nestegis

sandwicensis, Nothocestrum latifolium,

Nototrichium sandwicense, Sida fallax,

Sophora chrysophylla, and Chamaesyce

sp.; and (2) between 610 and 790 m

(2,000 and 2,600 ft) elevation.

Family Caryophyllaceae: Schiedea

spergulina var. leiopoda (no common

name)

Kauai C, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Schiedea spergulina var. leiopoda on

Kauai. Within this unit, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Bare rock outcrops or

sparsely vegetated portions of rocky cliff

faces or cliff bases (a) in diverse lowland

mesic forests and (b) containing one or

more of the following native plants:

Bidens sandvicensis, Doryopteris sp.,

Peperomia leptostachya, or Plectranthus

parviflorus; and (2) elevations between

180 and 800 m (590 and 2,625 ft).

Family Caryophyllaceae: Schiedea

spergulina var. spergulina (no common

name) Kauai G and I, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Schiedea spergulina

var. spergulina on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Bare rock outcrops or sparsely vegetated

portions of rocky cliff faces or cliff bases

(a) in diverse lowland mesic forests and

(b) containing one or more of the

following associated plant taxa:

Heliotropium sp., or Nototrichium

sandwicense; and (2) elevations between

180 and 800 m (590 and 2,625 ft).

Family Caryophyllaceae:Schiedea

stellarioides (laulihilihi (=ma‘oli‘oli))

Kauai I, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Schiedea stellarioides on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep slopes (a) in closed

Acacia koa-Metrosideros polymorpha

lowland or montane mesic forest or

shrubland and (b) containing one or

more of the following native plant

species: Nototrichium sp., Artemisia sp.,

Dodonaea viscosa, Melicope sp.,

Dianella sandwicensis, Bidens

cosmoides, Mariscus sp., or Styphelia

tameiameiae; and (2) elevations

between 610 and 1,120 m (2,000 and

3,680 ft).

Family Caryophyllaceae: Silene

alexandri (No common name)

Molokai unit G, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Silene alexandri on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Silene alexandri are the habitat

components that provide: (1) Remnant

dry forest and shrubland and containing

one or more of the following associated

native species: Dodonaea viscosa,

Metrosideros polymorpha, Styphelia

tameiameiae, and Dicranopteris

linearis, Chenopodium oahuense, and

Sophora chrysophylla; and (2)

elevations between 610 and 760 m

(2,000 and 2,500 ft).

Family Caryophyllaceae: Silene

lanceolata (No common name)

Molokai unit G , identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Silene lanceolata on Molokai.

Within this unit the currently known

primary constituent elements of critical

habitat for Silene lanceolata are the

habitat components that provide: (1)

Cliff faces and ledges of gullies—(a) in

dry to mesic shrubland and (b)

containing one or more of the following

associated native species: Associated

native plant species include Dodonea

viscosa, Styphelia tameiameiae, and

Dubautia linearis; and (2) an elevation

of about 800 m (2,600 ft).

Family Convolvulaceae: Bonamia

menziesii (no common name)

Kauai G and L, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Bonamia menziesii on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Dry, mesic or wet forests

containing one or more of the following

native plant species: Metrosideros

polymorpha, Canthium odoratum,

Dianella sandwicensis, Diospyros

sandwicensis, Dodonaea viscosa,

Hedyotis terminalis, Melicope anisata,

Melicope barbigera, Myoporum

sandwicense, Nestegis sandwicense,

Pisonia sp., Pittosporum sp., Pouteria

sandwicensis, or Sapindus oahuensis;

and (2) elevations between 150 and 850

m (500 and 2,800 ft).

Family Cyperaceae: Cyperus

trachysanthos (pu‘uka‘a)

Kauai G, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, and Niihau A, identified in

the legal descriptions in paragraph

(a)(1)(i)(B) of this section, constitute

critical habitat for Cyperus

trachysanthos on Kauai and Niihau.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Wet sites (mud flats, wet

clay soil, or wet cliff seeps) (a) on

coastal cliffs or talus slopes and (b)

containing the native plant species

Hibiscus tiliaceus; and (2) elevations

between 3 and 160 m (10 and 525 ft).

Family Cyperaceae: Mariscus fauriei (No

common name)

Molokai unit H, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Mariscus fauriei on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Mariscus fauriei are the habitat

components that provide: (1) aa

substrate—(a) Diospyros sandwicensis

dominated lowland dry forests and (b)

containing one or more of the following

associated native species: Canthium

odoratum, Peperomia sp., and Rauvolfia

83210 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

sandwicensis; and (2) at an elevation of

207 m (680 ft).

Family Euphorbiaceae: Chamaesyce

halemanui (no common name)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Chamaesyce halemanui on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep slopes of gulches (a)

in mesic Acacia koa forests and (b)

containing one or more of the following

native plant species: Metrosideros

polymorpha, Alphitonia ponderosa,

Antidesma platyphyllum, Bobea

brevipes, Cheirodendron trigynum,

Coprosma sp., Diospyros sandwicensis,

Dodonaea viscosa, Elaeocarpus bifidus,

Hedyotis terminalis, Kokia kauaiensis,

Melicope haupuensis, Pisonia sp.,

Pittosporum sp., Pleomele aurea,

Psychotria mariniana, Psychotria

greenwelliae, Pouteria sandwicensis,

Santalum freycinetianum, or Styphelia

tameiameiae; and (2) elevations

between 660 to 1,100 m (2,165 to 3,610

ft).

Family Euphorbiaceae: Euphorbia

haeleeleana (‘akoko)

Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Euphorbia

haeleeleana on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Lowland mixed mesic or dry forest that

(a) is often dominated by Metrosideros

polymorpha, Acacia koa, or Diospyros

sp. and (b) containing one or more of the

following native plant species: Acacia

koaia, Antidesma platyphyllum,

Claoxylon sp., Carex meyenii, Carex

wahuensis, Diplazium sandwichianum,

Dodonaea viscosa, Erythrina

sandwicensis, Kokia kauaiensis,

Pleomele aurea, Psychotria mariniana,

P. greenwelliae, Pteralyxia

sandwicensis, Rauvolfia sandwicensis,

Reynoldsia sandwicensis, Sapindus

oahuensis, Tetraplasandra kauaiensis,

Pouteria sandwicensis, Pisonia

sandwicensis, or Xylosma sp.; and (2)

elevations between 205 and 670 m (680

and 2,200 ft).

Family Euphorbiaceae: Flueggea

neowawraea (mehamehame)

Kauai F, G, and I, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Flueggea neowawraea

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1) Dry or

mesic forests containing one or more of

the following native plant species:

Alectryon macrococcus, Bobea

timonioides, Charpentiera sp.,

Caesalpinia kauaiense, Hibiscus sp.,

Melicope sp., Metrosideros polymorpha,

Myrsine lanaiensis, Munroidendron

racemosum, Tetraplasandra sp., Kokia

kauaiensis, Isodendrion sp., Pteralyxia

kauaiensis, Psychotria mariniana,

Diplazium sandwichianum, Freycinetia

arborea, Nesoluma polynesicum,

Diospyros sp., Antidesma pulvinatum,

A. platyphyllum, Canthium odoratum,

Nestegis sandwicensis, Rauvolfia

sandwicensis, Pittosporum sp.,

Tetraplasandra sp., Pouteria

sandwicensis, Xylosma sp., Pritchardia

sp., Bidens sp., or Streblus pendulinus;

and (2) elevations of 250 to 1,000 m (820

to 3,280 ft).

Family Fabaceae: Canavalia

molokaiensis (awikiwiki)

Molokai units I, J and X, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Canavalia

molokaiensis on Molokai. Within these

units the currently known primary

constituent elements of critical habitat

for Canavalia molokaiensis are the

habitat components that provide: (1)

Exposed dry and mesic sites on steep

slopes—(a) in Metrosideros

polymorpha-Dodonea viscosa lowland

shrubland or mesic shrublands and (b)

containing one or more of the following

associated native plant species:

Artemesia sp., Chamaesyce sp.,

Coprosma sp., Styphelia tameiameiae,

or Wikstroemia sp.; and (2) elevations

between 10 and 900 m (30 and 3,060 ft).

Family Fabaceae: Sesbania tomentosa

(‘ohai)

i. Kauai J, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Sesbania tomentosa on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Sandy beaches, dunes, soil

pockets on lava, or pond margins (a) in

coastal dry shrublands, or open

Metrosideros polymorpha forests, or

mixed coastal dry cliffs, and (b)

containing one or more of the following

associated native plant species: Sida

fallax, Heteropogon contortus,

Myoporum sandwicense, Sporobolus

virginicus, Scaevola sericea, or

Dodonaea viscosa; and (2) elevations

between sea level and 12 m (0 and 40

ft).

ii. Molokai units D, E, G, H, K, L and

M, identified in the legal descriptions in

paragraph (a)(1)(i)(F) of this section

constitutes critical habitat for Sesbania

tomentosa on Molokai. Within these

units the currently known primary

constituent elements of critical habitat

for Sesbania tomentosa are the habitat

components that provide: (1)

Windswept slopes, sea cliffs and

weathered basaltic slopes—(a) in

Scaevola sericea coastal dry shrublands

and (b) containing one or more of the

following associated native species:

Lipochaeta integrifolia, Jacquemontia

sandwicensis, Sida fallax, and Dodonea

viscosa; and (2) elevations between sea

level and 579 m (0–1,900 ft).

Family Fabaceae: Vigna o-wahuense (No

common name)

Molokai unit G, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Vigna o-wahuensis on Molokai.

Within this unit the currently known

primary constituent elements of critical

habitat for Vigna o-wahuensis are the

habitat components that provide: (1) Dry

to mesic grassland and shrubland and

containing one or more of the following

associated native species: Chenopodium

oahuense, Cyperus laevigatus,

Eragrostis variabilis, Heteropogon

contortus, Ipomoea sp., Scaevola

sericea, Sida falax, Vitex rotindifolia,

Dodonea viscosa, and Styphelia

tameiameiae; and (2) from 207 to 256 m

(680–840 ft) in elevation.

Family Flacourtiaceae: Xylosma

crenatum (no common name)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Xylosma crenatum on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Diverse Acacia koaMetrosideros polymorpha montane

mesic forest, or Metrosideros

polymorpha-Dicranopteris linearis

montane wet forest, or Acacia koaMetrosideros polymorpha montane wet

forest, and containing one or more of the

following associated native plant

species: Tetraplasandra kauaiensis,

Hedyotis terminalis, Pleomele aurea,

Ilex anomala, Claoxylon sandwicense,

Myrsine alyxifolia, Nestegis

sandwicensis, Streblus pendulinus,

Psychotria sp., Diplazium

sandwichianum, Pouteria sandwicensis,

Scaevola procera, Coprosma sp.,

Athyrium sandwichianum, Touchardia

latifolia, Dubautia knudsenii,

Cheirodendron sp., Lobelia yuccoides,

Cyanea hirta, Poa sandwicensis, or

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83211

Diplazium sandwichianum; and (2)

elevations between 975 to 1,065 m

(3,200 to 3,490 ft).

Family Gentianaceae: Centaurium

sebaeoides (awiwi)

i. Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Centaurium sebaeoides on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Volcanic or clay soils or

cliffs (a) in arid coastal areas and (b)

containing one or more of the following

native plant species; Artemisia sp.,

Bidens sp., Chamaesyce celastroides,

Dodonaea viscosa, Fimbristylis cymosa,

Heteropogon contortus, Jaquemontia

ovalifolia, Lipochaeta succulenta,

Lipochaeta heterophylla, Lipochaeta

integrifolia, Lycium sandwicense,

Lysimachia mauritiana, Mariscus

phloides, Panicum fauriei, P. torridum,

Scaevola sericea, Schiedea globosa,

Sida fallax, or Wikstroemia uva-ursi;

and (2) elevations above 250 m (800 ft).

ii. Molokai units C and Aa, identified

in the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Centaurium

sebaeoides on Molokai. Within these

units the currently known primary

constituent elements of critical habitat

for Centaurium sebaeoides are the

habitat components that provide: (1)

Volcanic or clay soils or cliffs—(a) in

arid coastal areas and (b) containing one

or more of the following associated

native plant species: Chamaesyce

celastroides, Dodonea viscosa,

Fimbristylis cymosa, Heteropogon

contortus, Lipochaeta heterophylla,

Lipochaeta integrifolia, Lycium

sandwicense, Lysimachia mauritiana,

Mariscus phleoides, Panicum fauriei,

Panicum torridum, Scaevola sericea,

Schiedea globosa, Sida fallax,

Wikstroemia uva-ursi, Artemisia sp.,

Bidens sp., Jaquemontia ovalifolia, or

Lipochaeta succulenta; and (2)

elevations below 120 m (400 ft).

Family Gesneriaceae: Cyrtandra

cyaneoides (mapele)

Kauai K, P, and R, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Cyrtandra cyaneoides

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1) Steep

slopes or cliffs near streams or

waterfalls (a) in lowland or montane wet

forest or shrubland dominated by

Metrosideros polymorpha or a mixture

of Metrosideros polymorpha and

Dicranopteris linearis and (b) containing

one or more of the following native

species: Perrottetia sandwicensis,

Pipturus sp., Bidens sp., Psychotria sp.,

Pritchardia sp., Freycinetia arborea,

Cyanea sp., Cyrtandra limahuliensis,

Diplazium sandwichianum, Gunnera

sp., Coprosma sp., Stenogyne sp.,

Machaerina sp., Boehmeria grandis,

Pipturus sp., Cheirodendron sp.,

Hedyotis terminalis, or Hedyotis

tryblium; and (2) elevations between

550 and 1,220 meter (1,800 and 4,000

ft).

Family Gesneriaceae: Cyrtandra

limahuliensis (ha‘iwale)

Kauai A, F, K, L, O, P, Q, R, and T,

identified in the legal descriptions in

paragraph (a)(1)(i)(A) of this section,

constitute critical habitat for Cyrtandra

limahuliensis on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Stream banks (a) in lowland wet forests

and (b) containing one or more of the

following native plant species:

Antidesma sp., Cyrtandra kealiea,

Pisonia sp., Pipturus sp., Cibotium

glaucum, Eugenia sp, Hedyotis

terminalis, Dubautia sp., Boehmeria

grandis, Touchardia latifolia, Bidens

sp., Hibiscus waimeae, Charpentiera sp.,

Urera glabra, Pritchardia sp., Cyanea

sp., Perrottetia sandwicensis,

Metrosideros polymorpha, Dicranopteris

linearis, Gunnera kauaiensis, or

Psychotria sp.; and (2) elevations

between 245 and 915 m (800 and 3,000

ft).

Family Lamiaceae: Phyllostegia

knudsenii (no common name)

Kauai I, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Phyllostegia knudsenii on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Metrosideros polymorpha

lowland mesic or wet forest containing

one or more of the following associated

native plant species: Perrottetia

sandwicensis, Cyrtandra kauaiensis,

Cyrtandra paludosa, Elaeocarpus

bifidus, Claoxylon sandwicensis,

Cryptocarya mannii, Ilex anomala,

Myrsine linearifolia, Bobea timonioides,

Selaginella arbuscula, Diospyros sp.,

Zanthoxylum dipetalum, Pittosporum

sp., Tetraplasandra spp., Pouteria

sandwicensis, or Pritchardia minor; and

(2) elevations between 865–975 m

(2,840–3,200 ft).

Family Lamiaceae: Phyllostegia

wawrana (no common name)

Kauai G, I, and R, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Phyllostegia wawrana

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1)

Metrosideros polymorpha dominated

lowland or montane wet or mesic forest

with (a) Cheirodendron sp. or

Dicranopteris linearis as co-dominants,

and (b) containing one or more of the

following associated native plant

species: Delissea rivularis, Diplazium

sandwichianum, Vaccinium sp.,

Broussaisia arguta, Myrsine lanaiensis,

Psychotria sp., Dubautia knudsenii,

Scaevola procera, Gunnera sp.,

Pleomele aurea, Claoxylon

sandwicense, Elaphoglossum sp.,

Hedyotis sp., Sadleria sp., and

Syzygium sandwicensis; and (2)

elevations between 780–1,210 m (2,560–

3,920 ft).

Family Lamiaceae: Stenogyne bifida (No

common name)

Molokai unit P, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Stenogyne bifida on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Stenogyne bifida are the habitat

components that provide: (1) Steep

ridges—(a) in Metrosideros polymorphadominated montane mesic to wet forests

and (b) containing one or more of the

following associated native species:

Cibotium sp., Hedyotis sp., Cyanea sp.,

Dicranopteris linearis, Dodonaea

viscosa, Hedyotis hillebrandii, Pipturus

albidus, Psychotria sp., Styphelia

tameiameiae, Vaccinium sp.,

Wikstromia sp., Cheirodendron

trigynum, Broussaisia arguta, and

Pouteria sandwicensis; and (2)

elevations between 450 and 1,200 m

(1,450 and 4,000 ft).

Family Lamiaceae: Stenogyne

campanulata (no common name)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Stenogyne campanulata on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Rock faces of nearly

vertical, north-facing cliffs (a) in diverse

lowland or montane mesic forest and (b)

containing one or more of the following

associated native plant species:

Heliotropium sp., Lepidium serra,

83212 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

Lysimachia glutinosa, Perrottetia

sandwicensis, or Remya montgomeryi;

and (2) an elevation of 1,085 m (3,560

ft).

Family Loganiaceae: Labordia lydgatei

(kamakahala)

Kauai F, K, L, P, R, and T, identified

in the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Labordia lydgatei on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Metrosideros

polymorpha-Dicranopteris linearis

lowland wet forest containing one or

more of the following associated native

plant species: Psychotria sp., Hedyotis

terminalis sp., Cyanea sp., Cyrtandra

sp., Labordia hirtella, Antidesma

platyphyllum var. hillebrandii,

Syzygium sandwicensis, Ilex anomala,

or Dubautia knudsenii; and (2)

elevations between 635 and 855 m

(2,080 to 2,800 ft).

Family Loganiaceae: Labordia tinifolia

var. wahiawaensis (kamakahala)

Kauai L, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Labordia tinifolia var. wahiawaensis

on Kauai. Within this unit, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Streambanks (a) in

lowland wet forests dominated by

Metrosideros polymorpha and (b)

containing one or more of the following

associated species: Cheirodendron sp.,

Dicranopteris linearis, Cyrtandra sp,

Antidesma sp., Psychotria sp., Hedyotis

terminalis, or Athyrium microphyllum;

and (2) elevations between 300 to 920 m

(985 to 3,020 ft).

Family Loganiaceae: Labordia triflora

(kamakahala)

Molokai unit N, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitute critical habitat for

Labordia triflora on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Labordia triflora are the habitat

components that provide: (1) Mixed

lowland mesic forest containing one or

more of the following associated native

plant species: Pouteria sandwicensis,

Cyanea mannii, or Tetraplasandra sp.;

and (2) elevation of ca. 800 m (2,600 ft).

Family Malvaceae: Hibiscadelphus

woodii (hau kuahiwi)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Hibiscadelphus woodii on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Basalt talus or cliff walls (a)

in Metrosideros polymorpha montane

mesic forest and (b) containing one or

more of the following associated native

plant species: Bidens sandwicensis,

Artemisia australis, Melicope pallida,

Dubautia sp., Lepidium serra,

Lipochaeta sp., Lysimachia glutinosa,

Carex meyenii, Chamaesyce celastroides

var. hanapepensis, Hedyotis sp.,

Nototrichium sp., Panicum lineale,

Myrsine sp., Stenogyne campanulata,

Lobelia niihauensis, or Poa mannii; and

(2) elevations around 915m (3,000 ft).

Family Malvaceae: Hibiscus arnottianus

ssp. immaculatus (kokio ke okeo)

Molokai units T and V, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Hibiscus arnottianus

ssp. immaculatus on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Hibiscus arnottianus ssp.

immaculatus are the habitat components

that provide: (1) steep sea cliffs—(a) in

mesic forests and (b) containing one or

more of the following associated native

plant species: Athyrium sp., Canthium

odoratum, Cyanea grimesiana,

Antidesma platyphyllum, Boehmeria

grandis, Diospyros sandwicensis,

Pipturis sp., Urera glabra, or

Metrosideros polymorpha; and (2)

elevations between 15 and 480 m (50

and 1,600 ft).

Family Malvaceae: Hibiscus clayi

(Clay’s hibiscus)

Kauai N, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Hibiscus clayi on Kauai. Within this

unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Slopes (a) in Acacia koa or Diospyros

sp.-Pisonia sp.-Metrosideros

polymorpha lowland dry or mesic forest

and (b) containing one or more of the

following associated native plant

species: Hedyotis acuminata, Pipturus

sp., Psychotria sp., Cyanea hardyi,

Artemisia australis, or Bidens sp.; and

(2) elevations between 230 to 350 m

(750 to 1,150 ft).

Family Malvaceae: Hibiscus waimeae

ssp. hannerae (koki‘o ke‘oke‘o)

Kauai F, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Hibiscus waimeae ssp. hannerae on

Kauai. Within this unit, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Metrosideros

polymorpha-Dicranopteris linearis or

Pisonia sp.-Charpentiera elliptica

lowland wet or mesic forest and

containing one or more of the following

associated native plant species:

Antidesma sp., Psychotria sp., Pipturus

sp., Bidens sp., Bobea sp., Sadleria sp.,

Cyrtandra sp., Cyanea sp., Cibotium sp.,

Perrottetia sandwicensis, or Syzygium

sandwicensis; and (2) elevations

between 190 and 560 m (620 and 1,850

ft).

Family Malvaceae: Kokia kauaiensis

(koki‘o)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Kokia kauaiensis on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Diverse mesic forest

containing one or more of the following

associated native plant species: Acacia

koa, Metrosideros polymorpha, Bobea

sp., Diospyros sandwicensis, Hedyotis

sp., Pleomele sp., Pisonia sp., Xylosma

sp., Isodendrion sp., Syzygium

sandwicensis, Antidesma sp., Alyxia

olivaeformis, Pouteria sandwicensis,

Streblus pendulinus, Canthium

odoratum, Nototrichium sp., Pteralyxia

kauaiensis, Dicranopteris linearis,

Hibiscus sp., Flueggea neowawraea,

Rauvolfia sandwicensis, Melicope sp.,

Diellia laciniata, Tetraplasandra sp.,

Chamaesyce celastroides, Lipochaeta

fauriei, Dodonaea viscosa, Santalum

sp., Claoxylon sp., or Nestegis

sandwicensis; and (2) elevations

between 350–660 m (1,150–2,165 ft).

Family Marsileaceae: Marsilea villosa

(ihi ihi)

Molokai units A, B and C, identified

in the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Marsilea villosa on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Marsilea

villosa are the habitat components that

provide: (1) Minimally shaded or open

areas in shallow depressions in clay

soil, or lithified sand dunes overlaid

with alluvial clay and containing one or

more of the following associated native

species: Heteropogon contortus, Sida

fallax, Waltheria indica, Centaurium

sebaeoides, Tetramolopium sylvae and

Schiedea globosa; and (2) at or below

150 m (500 ft) elevation.

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83213

Family Myrsinaceae: Myrsine

linearifolia (kolea)

Kauai F, G, H, I, L, and P, identified

in the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Myrsine linearifolia

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1) Diverse

mesic or wet lowland or montane

Metrosideros polymorpha forest with (a)

Cheirodendron sp. or Dicranopteris

linearis as co-dominants, and (b)

containing one or more of the following

associated native plant species:

Dubautia sp., Cryptocarya mannii,

Sadleria pallida, Myrsine sp., Syzygium

sandwicensis, Machaerina angustifolia,

Freycinetia arborea, Hedyotis

terminalis, Cheirodendron sp., Bobea

brevipes, Nothocestrum sp., Melicope

sp., Eurya sandwicensis, Psychotria sp.,

Lysimachia sp., or native ferns; and (2)

elevations between 585 to 1,280 m

(1,920 to 4,200 ft).

Family Orchidaceae: Platanthera

holochila (no common name)

Kauai H, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Platanthera holochila on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Metrosideros polymorphaDicranopteris linearis montane wet

forest or M. polymorpha mixed bog

containing one or more of the following

associated native plants: Myrsine

denticulata, Cibotium sp., Coprosma

ernodeoides, Oreobolus furcatus,

Styphelia tameiameiae, or Vaccinium

sp.; and (2) elevations between 1,050

and 1,600 m (3,450 and 5,245 ft).

Family Plantaginaceae: Plantago

princeps (laukahi kuahiwi)

Kauai G, K, P, and T, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Plantago princeps on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Steep slopes, rock

walls, or bases of waterfalls (a) in mesic

or wet Metrosideros polymorpha forest

and (b) containing one or more of the

following associated native plant

species: Dodonaea viscosa, Psychotria

sp., Dicranopteris linearis, Cyanea sp.,

Hedyotis sp., Melicope sp., Dubautia

plantaginea, Exocarpos luteolus, Poa

siphonoglossa, Nothocestrum peltatum,

Remya montgomeryi, Stenogyne

campanulata, Xylosma sp., Pleomele

sp., Machaerina angustifolia, Athyrium

sp., Bidens sp., Eragrostis sp.,

Lysimachia filifolia, Pipturus sp.,

Cyrtandra sp., or Myrsine linearifolia;

and (2) elevations between 480 to 1,100

m (1,580 to 3,610 ft).

Family Poaceae: Ischaemum byrone

(Hilo ischaemum)

Molokai units T and V, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Ischaemum byrone on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for

Ischaemum byrone are the habitat

components that provide: (1) Rocks,

basalt cliffs or talus slopes—(a) in

coastal dry shrubland or Artemisia cliff

communities and (b) containing one or

more of the following associated native

plant species: Bidens molokaiensis,

Hedyotis littoralis, Lysimachia

mauritiana, Fymbrystylis cymosa, or

Pandanus tectorius; and (2) elevations

between sea level and 75 m (0 and 250

ft).

Family Poaceae: Panicum niihauense

(lau ‘ehu)

Kauai J, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Panicum niihauense on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Sand dunes (a) in coastal

shrubland and (b) containing one or

more of the following associated native

plant species: Dodonaea viscosa,

Cassytha filiformis, Scaevola sericea,

Sida fallax, Vitex rotundifolia, or

Sporobolus sp.; and (2) elevations of 100

m or less (330 ft).

Family Poaceae: Poa mannii (Mann’s

bluegrass)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Poa mannii on Kauai. Within this

unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Cliffs, rock faces, or stream banks (a) in

lowland or montane wet, dry, or mesic

Metrosideros polymorpha or Acacia

koa-Metrosideros polymorpha montane

mesic forest and (b) containing one or

more of the following associated native

plant species: Alectryon macrococcus,

Antidesma platyphyllum, Bidens

cosmoides, Chamaesyce celastroides

var. hanapepensis, Artemisia australis,

Bidens sandwicensis, Lobelia

sandwicensis, Wilkesia gymnoxiphium,

Eragrostis variabilis, Panicum lineale,

Mariscus phloides, Luzula hawaiiensis,

Carex meyenii, C. wahuensis, Cyrtandra

wawrae, Dodonaea viscosa, Exocarpos

luteolus, Labordia helleri, Nototrichium

sp., Schiedea amplexicaulis, Hedyotis

terminalis, Melicope anisata, M.

barbigera, M. pallida, Pouteria

sandwicensis, Schiedea membranacea,

Diospyros sandwicensis, Psychotria

mariniana, P. greenwelliae, or Kokia

kauaiensis; and (2) elevations between

460 and 1,150 m (1,510 and 3,770 ft).

Family Poaceae: Poa sandvicensis

(Hawaiian bluegrass)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Poa sandvicensis on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Wet, shaded, gentle or steep

slopes, ridges, or rock ledges (a) in semiopen or closed, mesic or wet, diverse

montane forest dominated by

Metrosideros polymorpha and (b)

containing one or more of the following

associated native species: Dodonaea

viscosa, Dubautia sp., Coprosma sp.,

Melicope sp., Dianella sandwicensis,

Alyxia olivaeformis, Bidens sp.,

Dicranopteris linearis, Schiedea

stellarioides, Peperomia macraeana,

Claoxylon sandwicense, Acacia koa,

Psychotria sp., Hedyotis sp., Scaevola

sp., Cheirodendron sp., or Syzygium

sandwicensis; and (2) elevations

between 1,035 to 1,250 m (3,400 to

4,100 ft).

Family Poaceae: Poa siphonoglossa (no

common name)

Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Poa siphonoglossa on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Shady banks near ridge

crests (a) in mesic Metrosideros

polymorpha forest and (b) containing

one or more of the following associated

native plant species: Acacia koa,

Psychotria sp., Scaevola sp., Alphitonia

ponderosa, Zanthoxylum dipetalum,

Tetraplasandra kauaiensis, Dodonaea

viscosa, Hedyotis sp., Melicope sp.,

Vaccinium sp., Styphelia tameiameiae,

Carex meyenii, Carex wahuensis, or

Wilkesia gymnoxiphium; and (2)

elevations between 1,000 to 1,200 m

(3,300 and 3,900 ft).

Family Primulaceae: Lysimachia filifolia

(no common name)

Kauai T, identified in the legal

description in paragraph (a)(1)(i)(A) of

83214 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

this section, constitutes critical habitat

for Lysimachia filifolia on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Mossy banks at the base of cliff faces

within the spray zone of waterfalls or

along streams in lowland wet forests

and containing one or more of the

following associated native plant

species: mosses, ferns, liverworts,

Machaerina sp., Heteropogon contortus,

or Melicope sp.; and (2) elevations

between 240 to 680 m (800 to 2,230 ft).

Family Rhamnaceae: Gouania meyenii

(no common name)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Gouania meyenii on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Rocky ledges, cliff faces, or

ridge tops (a) in dry shrubland or

Metrosideros polymorpha lowland

mesic forest and (b) containing one or

more of the following native plant

species: Dodonaea viscosa, Chamaesyce

sp., Psychotria sp., Hedyotis sp.,

Melicope sp., Nestegis sandwicensis,

Bidens sp., Carex meyenii, Diospyros

sp., Lysimachia sp., or Senna

gaudichaudii; and (2) elevations

between 490 to 880 m (1,600 to 2,880 ft).

Family Rubiaceae: Hedyotis cookiana

(‘awiwi)

Kauai G, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Hedyotis cookiana on Kauai. Within

this unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

streambeds or steep cliffs close to water

sources in lowland wet forest

communities; and (2) elevations

between 170 and 370 m (560 and 1,210

ft).

Family Rubiaceae: Hedyotis st.-johnii

(Na Pali beach Hedyotis)

Kauai G and J, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Hedyotis st.-johnii on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Crevices of north-facing,

near-vertical coastal cliff faces within

the spray zone (a) in sparse dry coastal

shrubland and (b) containing one or

more of the following native plant

species: Myoporum sandwicense,

Eragrostis variabilis, Lycium

sandwicense, Heteropogon contortus,

Artemisia australis or Chamaesyce

celastroides; and (2) elevations above 75

m (250 ft).

Family Rutaceae: Melicope haupuensis

(alani)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Melicope haupuensis on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Moist talus slopes (a) in

Metrosideros polymorpha dominated

lowland mesic forests or Metrosideros

polymorpha-Acacia koa montane mesic

forest and (b) containing one or more of

the following associated native plant

species: Dodonaea viscosa, Diospyros

sp., Psychotria mariniana, P.

greenwelliae, Melicope ovata, M.

anisata, M. barbigera, Dianella

sandwicensis, Pritchardia minor,

Tetraplasandra waimeae, Claoxylon

sandwicensis, Cheirodendron trigynum,

Pleomele aurea, Cryptocarya mannii,

Pouteria sandwicensis, Bobea brevipes,

Hedyotis terminalis, Elaeocarpus

bifidus, or Antidesma sp; and (2)

elevations between 375 to 1,075 m

(1,230 to 3,530 ft).

Family Rutaceae: Melicope knudsenii

(alani)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Melicope knudsenii on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Forested flats or talus slopes

(a) in lowland dry or montane mesic

forests and (b) containing one or more

of the following associated native plant

species: Dodonaea viscosa, Antidesma

sp., Metrosideros polymorpha, Xylosma

sp., Hibiscus sp., Myrsine lanaiensis,

Diospyros sp., Rauvolfia sandwicensis,

Bobea sp., Nestegis sandwicensis,

Hedyotis sp., Melicope sp., Psychotria

sp., or Pittosporum kauaiensis; and (2)

elevations between 450 to 1,000 m

(1,480 to 3,300 ft).

Family Rutaceae: Melicope mucronulata

(alani)

Molokai unit H, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Melicope mucronulata on Molokai.

Within this unit the currently known

primary constituent elements of critical

habitat for Melicope mucronulata are

the habitat components that provide: (1)

Steep, west-or north-facing, lowland

slopes—(a) in dry to mesic, forests and

(b) containing one or more of the

following associated native species:

Dodonea viscosa, Metrosideros

polymorpha, Styphelia tameiameiae,

and Dubautia linearis; and (2)

elevations between 670 and 870 m

(2,200 and 2,850 ft).

Family Rutaceae: Melicope pallida

(alani)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Melicope pallida on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Steep rock faces (a) in

lowland or montane mesic or wet forests

or shrubland and (b) containing one or

more of the following associated native

plant species: Dodonaea viscosa,

Lepidium serra, Pleomele sp.,

Boehmeria grandis, Coprosma sp.,

Hedyotis terminalis, Melicope sp.,

Pouteria sandwicensis, Poa mannii,

Schiedea membranacea, Psychotria

mariniana, Dianella sandwicensis,

Pritchardia minor, Chamaesyce

celastroides var hanapepensis,

Nototrichium sp., Carex meyenii,

Artemisia sp., Abutilon sandwicense,

Alyxia olivaeformis, Dryopteris sp.,

Metrosideros polymorpha, Pipturus

albidus, Sapindus oahuensis,

Tetraplasandra sp., or Xylosma

hawaiiense; and (2) elevations between

490 to 915 m (1,600 to 3,000 ft).

Family Rutaceae: Melicope reflexa

(alani)

Molokai units Q and U, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Melicope reflexa on

Molokai. Within these units the

currently known primary constituent

elements of critical habitat for Melicope

reflexa are the habitat components that

provide: (1) Wet Metrosideros

polymorpha dominated forests with

native trees such as Cheirodendron sp.;

and (2) elevations between 760 and

1,190 m (2,490 and 3,900 ft).

Family Rutaceae: Zanthoxylum

hawaiiense (ae)

i. Kauai I, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Zanthoxylum hawaiiense on Kauai.

Within this unit, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Lowland dry or mesic

forests, or montane dry forest, (a)

dominated by Metrosideros polymorpha

or Diospyros sandwicensis, and (b)

containing one or more of the following

associated plant species: Pleomele

Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules 83215

auwahiensis, Antidesma platyphyllum,

Pisonia sp., Alectryon macrococcus,

Charpentiera sp., Melicope sp., Streblus

pendulinus, Myrsine lanaiensis,

Sophora chrysophylla, or Dodonaea

viscosa; and (2) elevations between 550

and 730 m (1,800 and 2,400 ft).

ii. Molokai unit G, identified in the

legal description in paragraph

(a)(1)(i)(F) of this section constitutes

critical habitat for Zanthoxylum

hawaiiense on Molokai. Within this unit

the currently known primary

constituent elements of critical habitat

for Zanthoxylum hawaiiense are the

habitat components that provide: (1)

Mesic Metrosideros polymorpha or

Diospyros sandwicensis lowland dry

forest with Nestegis sandwicensis and

Pleomele auwaiensis and containing one

or more of the following associated

native species: Pisonia sp., Xylosma

hawaiiensis, Santalum ellipticum,

Alphitonia ponderosa, Osteomeles

anthylidifolia, Alectryon macrococcus,

Charpentiera sp., Melicope sp., Dodonea

viscosa, Streblus pendulinus, Myrsine

lanaiensis, and Sophora chrysophylla;

and (2) elevations between 182 and 256

m (600 and 840 ft).

Family Santalaceae: Exocarpos luteolus

(heau)

Kauai G, H, I, L, and S, identified in

the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Exocarpos luteolus on

Kauai. Within these units, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Wet places bordering

swamps; open, dry ridges (a) in lowland

or montane Metrosideros polymorpha

dominated wet forest communities and

(b) containing one or more of the

following native plant species: Acacia

koa, Cheirodendron trigynum, Pouteria

sandwicensis, Dodonaea viscosa,

Pleomele aurea, Psychotria mariniana,

Psychotria greenwelliae, Bobea brevipes,

Hedyotis terminalis, Elaeocarpus

bifidus, Melicope haupuensis, Dubautia

laevigata, Dianella sandwicensis, Poa

sandvicensis, Schiedea stellarioides,

Peperomia macraeana, Claoxylon

sandwicense, Santalum freycinetianum,

Styphelia tameiameiae, or Dicranopteris

linearis; and (2) elevations between 475

and 1,290 m (1,560 and 4,220 ft).

Family Sapindaceae: Alectryon

macrococcus (mahoe)

i. Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Alectryon

macrococcus on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Dry slopes or gulches (a) in Diospyros

sp.-Metrosideros polymorpha lowland

mesic forest, Metrosideros polymorpha

mixed mesic forest, or Diospyros sp.

mixed mesic forest, (b) containing one

or more of the following native plant

species: Nestegis sandwicensis,

Psychotria sp., Pisonia sp., Xylosma sp.,

Streblus pendulinus, Hibiscus sp.,

Antidesma sp., Pleomele sp., Acacia

koa, Melicope knudsenii, Hibiscus

waimeae, Pteralyxia sp., Zanthoxylum

sp., Kokia kauaiensis, Rauvolfia

sandwicensis, Myrsine lanaiensis,

Canthium odoratum, Canavalia sp.,

Alyxia oliviformis, Nesoluma

polynesicum, Munroidendron

racemosum, Caesalpinia kauaiense,

Tetraplasandra sp., Pouteria

sandwicensis, or Bobea timonioides;

and (2) elevations between 360 to 1,070

m (1,180 to 3,510 ft).

ii. Molokai units G, H and I, identified

in the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Alectryon

macrococcus on Molokai. Within this

unit the currently known primary

constituent elements of critical habitat

for Alectryon macrococcus are the

habitat components that provide: (1) Dry

or talus slopes or gulches—(a) in dry or

mesic lowland forests and (b) containing

one or more of the following associated

native plant species: Dodonea viscosa,

Nestegis sandwicensis, Nothocestrum

sp., Pleomele sp., Psychotria sp.,

Streblus pendulinus, Myrsine sp., or

Lipochaeta sp.; and (2) elevations

between 360 and 1,070 m (1,181 and

3,510 ft).

Family Solanaceae: Nothocestrum

peltatum (‘aiea)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Nothocestrum peltatum on Kauai.

Within these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Rich soil on steep slopes (a)

in montane or lowland mesic or wet

forest dominated by Acacia koa or a

mixture of Acacia koa and Metrosideros

polymorpha, and (b) containing one or

more of the following associated native

plant species: Antidesma sp.,

Dicranopteris linearis, Bobea brevipes,

Elaeocarpus bifidus, Alphitonia

ponderosa, Melicope anisata, M.

barbigera, M. haupuensis, Pouteria

sandwicensis, Dodonaea viscosa,

Dianella sandwicensis, Tetraplasandra

kauaiensis, Claoxylon sandwicensis,

Cheirodendron trigynum, Psychotria

mariniana, P. greenwelliae, Hedyotis

terminalis, Ilex anomala, Xylosma sp.,

Cryptocarya mannii, Coprosma sp.,

Pleomele aurea, Diplazium

sandwicensis, Broussaisia arguta, or

Perrottetia sandwicensis; and (2)

elevations between 915 to 1,220 m

(3,000 to 4,000 ft).

Family Solanaceae: Solanum

sandwicense (‘aiakeaakua, popolu)

Kauai D, G, and I, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Solanum

sandwicense on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Open, sunny areas (a) in diverse

lowland or montane mesic or wet forests

and (b) containing one or more of the

following associated plants: Alphitonia

ponderosa, Ilex anomala, Xylosma sp.,

Athyrium sandwicensis, Syzygium

sandwicensis, Bidens cosmoides,

Dianella sandwicensis, Poa

siphonoglossa, Carex meyenii, Hedyotis

sp., Coprosma sp., Dubautia sp.,

Pouteria sandwicensis, Cryptocarya

mannii, Acacia koa, Metrosideros

polymorpha, Dicranopteris linearis,

Psychotria sp., or Melicope sp.; and (2)

elevations between 760 and 1,220 m

(2,500 and 4,000 ft).

Family Urticaceae: Neraudia sericea (No

common name)

Molokai unit G, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Neraudia sericea on Molokai. Within

this unit the currently known primary

constituent elements of critical habitat

for Neraudia sericea are the habitat

components that provide: (1) Lowland

dry to mesic Metrosideros polymorphaDodonaea viscosa-Styphelia

tameiameiae shrubland or forest and

containing one or more of the following

associated native species: Sida fallax,

Diospyros sandwicensis, Bobea sp.,

Coprosma sp., and Hedyotis sp.; and (2)

between 670 and 1,370 m (2,200 and

4,500 ft) in elevation.

Family Violaceae: Isodendrion

laurifolium (aupaka)

Kauai G, I, and U, identified in the

legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Isodendrion

laurifolium on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Diverse mesic or wet forest (a)

dominated by Metrosideros

polymorpha, Acacia koa, or Diospyros

sp. and (b) containing one or more of the

following associated native plant

83216 Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Proposed Rules

species: Kokia kauaiensis, Streblus sp.,

Elaeocarpus bifidus, Canthium

odoratum, Antidesma sp., Xylosma

hawaiiense, Hedyotis terminalis,

Pisonia sp., Nestegis sandwicensis,

Dodonaea viscosa, Euphorbia

haeleeleana, Pleomele sp., Pittosporum

sp., Melicope sp., Claoxylon

sandwicense, Alphitonia ponderosa,

Myrsine lanaiensis, or Pouteria

sandwicensis; and (2) elevations

between 490 and 820 m (1,600 and

2,700 ft).

Family Violaceae: Isodendrion

longifolium (aupaka)

Kauai F, G, L, M, and P, identified in

the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Isodendrion

longifolium on Kauai. Within these

units, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Steep slopes, gulches, or stream banks

(a) in mesic or wet Metrosideros

polymorpha forests and (b) containing

one or more of the following native

species: Dicranopteris linearis, Eugenia

sp., Diospyros sp., Pritchardia sp.,

Canthium odoratum, Melicope sp.,

Cheirodendron sp., Ilex anomala,

Pipturus sp., Hedyotis fluviatilis,

Peperomia sp., Bidens sp., Nestegis

sandwicensis, Cyanea hardyi, Syzygium

sp., Cibotium sp., Bobea brevipes,

Antidesma sp., Cyrtandra sp., Hedyotis

terminalis, Peperomia sp., Perrottetia

sandwicensis, Pittosporum sp., or

Psychotria sp.; and (2) elevations

between 410 to 760 m (1,345 to 2,500 ft).

Family Violaceae: Viola helenae (no

common name)

Kauai L, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Viola helenae on Kauai. Within this

unit, the currently known primary

constituent elements of critical habitat

are habitat components that provide: (1)

Stream banks or adjacent valley bottoms

with light to moderate shade in

Metrosideros polymorpha-Dicranopteris

linearis lowland wet forest; and (2)

elevations between 610–855 m (2,000–

2,800 ft).

Family Violaceae: Viola kauaiensis var.

wahiawaensis (nani wai‘ale‘ale)

Kauai L, identified in the legal

description in paragraph (a)(1)(i)(A) of

this section, constitutes critical habitat

for Viola kauaiensis var. wahiawaensis

on Kauai. Within this unit, the currently

known primary constituent elements of

critical habitat are habitat components

that provide: (1) Open montane bog or

wet shrubland containing one or more

of the following native plant species:

Dicranopteris linearis, Diplopterygium

pinnatum, Syzygium sandwicensis, or

Metrosideros polymorpha; and (2)

elevations between 640 and 865 m

(2,100 and 2,840 ft).

(B) Ferns and Allies.

Family Aspleniaceae: Ctenitis

squamigera (pauoa)

Molokai unit N, identified in the legal

description in paragraph (a)(1)(i)(F) of

this section constitutes critical habitat

for Ctenitis squamigera on Molokai.

Within this unit the currently known

primary constituent elements of critical

habitat for Ctenitis squamigera are the

habitat components that provide: (1)

Mesic forest containing one or more of

the following associated native plant

taxa: Metrosideros polymorpha, Myrsine

lessertiana, Diospyros sandwicensis,

Nestegis sandwicensis, Xylosma

hawaiiense, Pouteria sandwicensis,

Nephrolepis exaltata, Carex meyenii,

Dryopteris unidentata, or Pleomele

auwahiensis; and (2) an elevation of

approximately 865 m (254 ft).

Family Aspleniaceae: Diellia erecta (No

common name)

Molokai units G and R, identified in

the legal descriptions in paragraph

(a)(1)(i)(F) of this section constitute

critical habitat for Diellia erecta on

Molokai. Within this unit the currently

known primary constituent elements of

critical habitat for Diellia erecta are the

habitat components that provide: (1)

Mixed mesic forest or mesic Diospyros

sandwicensis forest containing one or

more of the following associated native

plant species: Alyxia oliviformis,

Metrosideros polymorpha, Bobea sp.,

Coprosma foliosa, Dodonea viscosa,

Dryopteris unidentata, Myrsine sp.,

Ochrosia comta, Dubautia linearis ssp.

opposita, Psychotria sp., Pleomele

auwahiensis, Sophora chrysophylla,

Styphelia tameiameiae, Syzygium

sandwicensis, or Wikstroemia sp.; and

(2) elevations between 210 and 1,490 m

(700 and 4,900 ft).

Family Aspleniaceae: Diellia pallida (no

common name)

Kauai G and I, identified in the legal

descriptions in paragraph (a)(1)(i)(A) of

this section, constitute critical habitat

for Diellia pallida on Kauai. Within

these units, the currently known

primary constituent elements of critical

habitat are habitat components that

provide: (1) Bare soil on steep, rocky,

dry slopes (a) in lowland mesic forests

and (b) containing one or more of the

following native plant species: Acacia

koa, Alectryon macrococcus, Antidesma

platyphyllum, Metrosideros

polymorpha, Myrsine lanaiensis,

Zanthoxylum dipetalum,

Tetraplasandra kauaiensis, Psychotria

mariniana, Carex meyenii, Diospyros

hillebrandii, Hedyotis knudsenii,

Canthium odoratum, Pteralyxia

kauaiensis, Nestegis sandwicensis,

Alyxia olivaeformis, Wilkesia

gymnoxiphium, Alphitonia ponderosa,

Styphelia tameiameiae, or Rauvolfia

sandwicensis; and (2) elevations

between 530 to 915 m (1,700 to 3,000 ft).

Family Grammitidaceae: Adenophorus

periens (pendant kihi fern)

Kauai F, G, K, L, P, and R, identified

in the legal descriptions in paragraph

(a)(1)(i)(A) of this section, constitute

critical habitat for Adenophorus periens

on Kauai. Within these units, the

currently known primary constituent

elements of critical habitat are habitat

components that provide: (1) Welldeveloped, closed canopy that provides

deep shade or high humidity (a) in

Metrosideros polymorpha-Cibotium

glaucum lowland wet forests, open

Metrosideros polymorpha montane wet

forest, or Metrosideros polymorphaDicranopteris linearis lowland wet

forest, and (b) containing one or more of

the following native plant species:

Athyrium sandwicensis, Broussaisia sp.,

Cheirodendron trigynum, Cyanea sp.,

Cyrtandra sp., Dicranopteris linearis,

Freycinetia arborea, Hedyotis

terminalis, Labordia hirtella,

Machaerina angustifolia, Psychotria sp.,

Psychotria hexandra, or Syzygium

sandwicensis; and (2) elevations

between 400 and 1,265 m (1,310 and

4,150 ft).

* * * * *

Dated: November 30, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–31079 Filed 12–28–00; 8:45 am]

BILLING CODE 4310–55–P