82086 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH10

Endangered and Threatened Wildlife

and Plants; Prudency Determinations

for Eight Plant Species From the

Hawaiian Islands, and Proposed

Critical Habitat Designations for

Eighteen Plant Species From the

Island of Lanai, Hawaii

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule and notice of

prudency determination.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), have

reconsidered our findings concerning

whether designating critical habitat for

eight federally protected plants from the

island of Lanai would be prudent. Some

of these plant species may also occur on

other Hawaiian Islands. The eight plants

were listed as endangered species under

the Endangered Species Act of 1973, as

amended (Act), between 1991 and 1996.

At the time each plant was listed, we

determined that designation of critical

habitat was not prudent because it

would increase the degree of threat to

the species and/or would not benefit the

plant.

We propose that critical habitat is

prudent for seven of these species

(Abutilon eremitopetalum, Cyanea

macrostegia ssp. gibsonii, Gahnia

lanaiensis, Hedyotis mannii, Portulaca

sclerocarpa, Tetramolopium remyi, and

Viola lanaiensis) because the potential

benefits of designating critical habitat

essential for the conservation of these

species outweigh the risks that may

result from human activity due to

critical habitat designation. Therefore,

we are proposing the designation of

critical habitat for these seven species.

We propose that designation of critical

habitat is not prudent for one species,

Phyllostegia glabra var. lanaiensis,

which is no longer extant in the wild,

and for which no genetic material is

currently known. Such designation

would not be beneficial to this species.

For three additional species from

Lanai, Hedyotis schlechtendahliana var.

remyi, Labordia tinifolia var. lanaiensis,

and Melicope munroi, we determined

that designation of critical habitat was

prudent at the time of their listing as

endangered species in 1999. Critical

habitat designations for these species

are also proposed at this time.

In addition, we proposed that critical

habitat was prudent for nine species

(Bonamia menziesii, Centarium

sebaeoides, Clermontia oblongifolia ssp.

mauiensis, Ctenitis squamigera, Cyanea

grimesiana ssp. grimesiana, Cyrtandra

munroi, Hibiscus brackenridgei,

Spermolepis hawaiiensis, and Vigna owahuensis) from Lanai that also occur

on Kauai, Niihau, Maui, and/or

Kahoolawe in proposed rules published

earlier in 2000. Critical habitat

designations for these species on Lanai

are proposed at this time, with the

exception of Vigna o-wahuensis for

which we do not currently know the

specific location of this species on

Lanai.

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 26,

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, Hawaii

96850–0001.

You may send comments by

electronic mail (e-mail) to

lani_crithab_pr@fws.gov. Please submit

comments in ASCII file format and

avoid the use of special characters and

encryption. Please include ‘‘Attn: 1018–

AH10’’ 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

(lani_crithab_pr@fws.gov) will be closed

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, Hawaii.

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 have reconsidered our findings

concerning whether designating critical

habitat for eight federally protected

plants from the island of Lanai is

prudent. Currently, four of these species

(Abutilon eremitopetalum, Cyanea

macrostegia ssp. gibsonii, Gahnia

lanaiensis, and Viola lanaiensis) are

endemic to the island of Lanai, while

two species (Hedyotis mannii and

Portulaca sclerocarpa) are known from

Lanai, as well as one or more other

islands. One species, Tetramolopium

remyi, was known from Maui and Lanai

but is currently only extant on Lanai

(Table 1). We believe the eighth species,

Phyllostegia glabra var. lanaiensis, may

be extinct.

Proposed prudency determinations

for nine species (Bonamia menziesii,

Centarium sebaeoides, Clermontia

oblongifolia ssp. mauiensis, Ctenitis

squamigera, Cyanea grimesiana ssp.

grimesiana, Cyrtandra munroi, Hibiscus

brackenridgei, Spermolepis hawaiiensis,

and Vigna o-wahuensis) which also

occur on the islands of Kauai or Niihau

were published in a previous proposal

(65 FR 66807); those which also occur

on Maui or Kahoolawe are being

published in a concurrent proposal.

In addition, for three species

(Hedyotis schlechtendahliana var.

remyi, Labordia tinifolia var. lanaiensis,

and Melicope munroi), we determined

that designation of critical habitat was

prudent at the time of their listing as

endangered species in 1999. Proposed

critical habitat designations for these

species are included in this proposal.

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82087

TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF 37 SPECIES ON LANAI

Species

Island distribution

Kauai Oahu Molokai Lanai Maui Hawaii N.W. Isles, Kahoolawe Niihau

Abutilon eremitopetalum

(No common name).

C

Adenophorus periens

(pendant kihi fern).

CHCRRC

Bidens micrantha sp.

kalealaha (ko oko alau).

H C

Bonamia menziesii (No

common name).

CCHCCC

Brighamia rockii (pua ala) .. C H H

Cenchrus agrimonioides

(No common name).

C H C R NW Isles (H)

Centaurium sebaeoides

(awiwi).

CCCCC

Clermontia oblongifolia ssp.

mauiensis (oha wai).

C C

Ctenitis squamigera

(pauoa).

HCHCCH

Cyanea grimesiana ssp.

grimesiana (haha).

CCCC

Cyanea lobata (haha) ........ H C

Cyanea macrostegia ssp.

gibsonii (haha).

C

Cyperus trachysanthos (pu

uka a).

CCHH Ni(C)

Cyrtandra munroi (ha iwale) C C

Diellia erecta (No common

name).

HHCHCC

Diplazium molokaiense (No

common name).

HHHHC

Gahnia lanaiensis (No common name).C

Hedyotis mannii (No common name).CCH

Hedyotis

schlechtendahliana var.

remyi (kopa).

C

Hesperomannia

arborescens (No common name).

CCHC

Hibiscus brackenridgei

(mao hau hele).

HCHCCC Ka(R)

Isodendrion pyrifolium

(aupaka).

HHHHC Ni(H)

Labordia tinifolia var.

lanaiensis (kamakahala).

C

Mariscus faurei (No common name).CH C

Melicope munroi (alani) ...... H C

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

Phyllostegia glabra var.

lanaiensis (ulihi).

H

Portulaca sclerocarpa (po

e).

C C

Sesbania tomentosa (ohai) CCCHCC Ni(H), Ka(C), NW Isles (C)

Silene lanceolata (No common name).HCCH C

Solanum incompletum

(popolo ku mai).

H HHHC

Spermolepis hawaiiensis

(No common name).

CCCCCC

Tetramolopium lepidotum

ssp. lepidotum (No common name).

C H

Tetramolopium remyi (No

common name).

C H

Vigna o-wahuensis (No

common name).

HCCCC Ni(H), Ka(C)

Viola lanaiensis (No common name).C

82088 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF 37 SPECIES ON LANAI—Continued

Species

Island distribution

Kauai Oahu Molokai Lanai Maui Hawaii N.W. Isles, Kahoolawe Niihau

Zanthoxylum hawaiiense

(ae).

C CHCC

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 17 species are known only from historical records (pre-1970) on Lanai or from undocumented observations (Table 1). Proposed prudency determinations and proposed critical habitat designations or non-designations for

these species which still occur on other islands have been or will be included in the proposed rules for the islands

on which they currently occur (Table 2).

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

NON-DESIGNATIONS WERE OR WILL BE PROPOSED FOR 14 SPECIES THAT NO LONGER OCCUR ON LANAI

Species Proposed rule in which prudency will be

proposed

Proposed rule in which critical habitat designations/non designations will be discussed

Brighamia rockii ................................................. Molokai ............................................................. Molokai.

Cenchrus agrimonioides .................................... Maui and Kahoolawe ....................................... Maui and Kahoolawe; Oahu.

Cyperus trachysanthos ...................................... Kauai and Niihau (65 FR 66807) ..................... Kauai and Niihau (65 FR 66807); Oahu.

Diellia erecta ...................................................... Maui and Kahoolawe ....................................... Maui and Kahoolawe; Molokai; Hawaii; Oahu.

Diplazium molokaiense ...................................... Maui and Kahoolawe ....................................... Maui and Kahoolawe

Hesperomannia arborescens ............................. Maui and Kahoolawe ....................................... Maui and Kahoolawe; Molokai; Oahu.

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

Mariscus faurei ................................................... Molokai ............................................................. Molokai; Hawaii.

Neraudia sericea ................................................ Maui and Kahoolawe ....................................... Maui and Kahoolawe; Molokai.

Sesbania tomentosa .......................................... Kauai and Niihau (65 FR 66807) ..................... Kauai and Niihau (65 FR 66807); Maui and

Kahoolawe; Molokai; Northwest Hawaiian

Islands; Hawaii; Oahu.

Silene lanceolata ................................................ Molokai ............................................................. Molokai; Hawaii; Oahu.

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

Tetramolopium lepidotum ssp. lepidotum .......... Oahu ................................................................. Oahu

Zanthoxylum hawaiiense ................................... Kauai and Niihau (65 FR 66807) ..................... Kauai and Niihau (65 FR 66807); Maui and

Kahoolawe; Molokai; Hawaii.

Critical habitat is proposed for

designation within 10 units on the

island of Lanai. The land area within

these units totals 1,953 hectares (ha)

(4,826 acres (ac)). If this proposal is

made final, section 7 of the Endangered

Species Act of 1973, as amended (Act)

(16 U.S.C. 1531 et seq.) 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 Lanai

Lanai is a small island totaling about

360 square kilometers (sq km) (139

square miles (sq mi) in area. Hidden

from the trade winds in the lee or rain

shadow of the more massive West Maui

Mountains, Lanai was formed from a

single shield volcano built by eruptions

at its summit and along three rift zones.

The principal rift zone runs in a

northwesterly direction and forms a

broad ridge whose highest point,

Lanaihale, has an elevation of 1,027

meters (m) (3,370 feet (ft)) (Department

of Geography 1998). The entire ridge is

commonly called Lanaihale, after its

highest point. Annual rainfall on the

summit of Lanaihale is 760–1,015

millimeters (mm) (30–40 inches (in.)),

but is considerably less, 250–500 mm

(10–20 in.), over much of the rest of the

island (Department of Geography 1998).

Geologically, Lanai is part of the four

island complex comprising Maui,

Molokai, Lanai, and Kahoolawe, known

collectively as Maui Nui (Greater Maui).

During the last Ice Age about 12,000

years ago when sea levels were about

160 m (525 ft) less than their present

level, these four islands were connected

by a broad lowland plain (Department of

Geography 1998). This land bridge

allowed the movement and interaction

of each island’s flora and fauna and

contributed to the present close

relationships of their biota.

Changes in Lanai’s ecosystem began

with the arrival of the first Polynesians

about 1500 years ago. In the 1800s, goats

(Capra hircus) and sheep (Ovis aries)

were first introduced to the island.

Native vegetation was soon decimated

by these non-native ungulates, and

erosional processes from wind and rain

caused further damage to the native

forests (Hobdy 1993). Formal ranching

was begun in 1902, and by 1910, the

Territory forester helped to revegetate

the island. By 1911, a ranch manager

from New Zealand, George Munro,

instituted a forest management practice

to recover the native forests and bird

species which included fencing and

eradication of sheep and goats from the

mountains. By the 1920s, Castle and

Cooke had acquired more than 98

percent of the island and established a

6,500 ha (16,000 ac) pineapple

plantation surrounding its company

town, Lanai City. In the early 1990s, the

pineapple plantation closed, and luxury

hotels were developed by the private

landowner, sustaining the island’s

economy today.

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82089

Discussion of the 19 Plant Taxa

Species Endemic to Lanai

Abutilon eremitopetalum

Abutilon eremitopetalum is a longlived shrub in the mallow family

(Malvaceae) with grayish-green, densely

hairy, heart-shaped leaves. It is the only

Abutilon on Lanai whose flowers have

green petals hidden within the calyx

(the outside leaflike part of the flower)

(Bates 1999).

Little is known about the life history

of Abutilon eremitopetalum. It

apparently flowers during the wet

season (e.g. February) (Service 1995).

Pollination vectors, seed dispersal

agents, longevity, specific

environmental requirements, and

limiting factors are unknown.

Historically, Abutilon eremitopetalum

was found in small, widely scattered

colonies at elevations of between 215

and 305 meters (m) (700 and 1,000 ft) in

the ahupuaa (geographical areas) of

Kalulu, Mahana, Maunalei, Mamaki,

and Paawili on the northern,

northeastern, and eastern parts of Lanai

Island (Caum 1933; Hawaii Natural

Heritage Program (HINHP) Database

2000; Service 1995). Currently, about

seven individuals are known from a

single population in Kahea Gulch on the

northeastern part of the island

(Geographic Decision Systems

International (GDSI) 2000; HINHP

Database 2000).

Abutilon eremitopetalum is found in

lowland dry forest. The only known

population is found at an elevation of

335 m (1,100 ft) on a moderately steep

north-facing slope on red sandy soil and

rock. Historically, A. eremitopetalum

has been reported from elevations of

210–521 m (690–1,710 ft). Erythrina

sandwicensis (wili wili) and Diospyros

ferrea (lama) are the dominant trees in

open forest of the area. Other associated

native taxa include Canthium odoratum

(ohee), Dodonaea viscosa (aalii),

Nesoluma polynesicum (keahi),

Rauvolfia sandwicensis (hao), Sida

fallax (ilima), and Wikstroemia sp.

(akia) (Service 1995; HINHP Database

2000).

The threats to Abutilon

eremitopetalum are habitat degradation

and competition by encroaching exotic

plant species such as Lantana camara

(lantana), Leucaena leucocephala (koa

haole), and Pluchea carolinensis

(sourbush); browsing by axis deer (Axis

axis); soil erosion caused by feral

ungulate grazing on grasses and forbs;

and the small number of extant

individuals, as the limited gene pool

may depress reproductive vigor, or a

single natural or man-caused

environmental disturbance could

destroy the only known existing

population. Fire is another potential

threat because the area is dry much of

the year (HINHP Database 2000; 56 FR

47686; Service 1995).

Cyanea macrostegia ssp. gibsonii

Cyanea macrostegia ssp. gibsonii, a

long-lived perennial and a member of

the bellflower family (Campanulaceae),

is a palm-like tree 1 to 7 m (3 to 23 ft)

tall with elliptic or oblong leaves that

have fine hairs covering the lower

surface. The following combination of

characters separates this taxon from the

other members of the genus on Lanai:

calyx lobes are oblong, narrowly oblong,

or ovate in shape; and the calyx and

corolla (petals of a flower) both more

than 0.5 centimeters (cm) (0.2 in.) wide

(Lammers 1999; 56 FR 47686).

Cyanea macrostegia ssp. gibsonii was

seen flowering in the month of July;

however, details of its flowering period

are unknown. Pollination vectors, seed

dispersal agents, longevity of plants and

seeds, specific environmental

requirements, and other limiting factors

are unknown (Service 1995).

Cyanea macrostegia ssp. gibsonii

historically is documented from the

summit of Lanaihale and the upper

parts of Mahana, Kaiholena, and

Maunalei Valleys of Lanai (Lammers

1999; 56 FR 47686). There are a total of

seven populations containing 74

individuals (HINHP Database 2000).

Presently, this taxon is known from

Lanaihale, Kaiholena, between Kunoa

and Waialala Gulches, Waialala Gulch,

Kunoa Gulch, south of Kahinahina

Ridge, and at the head of Hauola Gulch

(GDSI 2000; HINHP Database 2000).

The habitat of Cyanea macrostegia

ssp. gibsonii is lowland wet

Metrosideros polymorpha (ohia) forest

or Diplopterygium pinnatum (uluhe lau

nui)—M. polymorpha shrubland

between elevations of 760–970 m

(2,490–3,180 ft). It has been observed to

grow on flat to moderate or steep slopes,

usually on lower gulch slopes or gulch

bottoms, often at edges of streambanks,

probably due to vulnerability to

ungulate damage at more accessible

locations. Sites are sunny to shady,

mesic to wet with clay or other soil

substrate. Associated vegetation

includes Dicranopteris linearis (uluhe),

Perrottetia sandwicensis (olomea),

Scaevola chamissoniana (naupaka

kuahiwi), Pipturus sp. (mamake),

Antidesma sp. (hame), Freycinetia

arborea (ieie), Psychotria sp. (kopiko),

Cyrtandra sp. (ha iwale), Broussaisia

arguta (kanawao), Cheirodendron sp.

(olapa), Clermontia sp. (oha wai),

Dubautia sp. (na ena e), Hedyotis sp.

(No Common Name), Ilex anomala

(aiea), Labordia sp. (kamakahala),

Melicope sp. (alani), Pneumatopteris sp.

(No common name), and Sadleria sp.

(ama u) (Service 1995; HINHP Database

2000).

The threats to Cyanea macrostegia

ssp. gibsonii are browsing by deer;

competition with the alien plant

Hedychium gardnerianum (kahili

ginger); and the small number of extant

individuals, as the limited gene pool

may depress reproductive vigor, or any

natural or man-caused environmental

disturbance could destroy the existing

populations (HINHP Database 2000;

Service 1995; 56 FR 47686).

Gahnia lanaiensis

Gahnia lanaiensis, a short-lived

perennial and a member of the sedge

family (Cyperaceae), is a tall (1.5 to 3 m

(5 to 10 ft)), tufted, grass-like plant. This

sedge may be distinguished from grasses

and other genera of sedges on Lanai by

its spirally arranged flowers, its solid

stems, and its numerous, three-ranked

leaves. Gahnia lanaiensis differs from

the other members of the genus on the

island by its achenes (seed-like fruits),

which are 0.36 to 0.46 cm (0.14 to 0.18

in.) long and purplish-black when

mature (Koyama 1999).

July has been described as the ‘‘end of

the flowering season’’ for Gahnia

lanaiensis (Degener et al. 1964). Plants

of this species have been observed with

fruit in October (56 FR 47686).

Pollination vectors, seed dispersal

agents, longevity of plants and seeds,

specific environmental requirements,

and other limiting factors are unknown.

Gahnia lanaiensis is known from a

total of three populations containing 47

individuals along the summit of

Lanaihale, in the Haalelepaakai area and

on the eastern edge of Hauola Gulch

(HINHP Database 2000). The

populations are found between 915 and

1,030 m (3,000 and 3,380 ft) in elevation

(GDSI 2000; HINHP Database 2000).

This distribution encompasses the

entire known historic range of the

species.

The habitat of Gahnia lanaiensis is

lowland wet forest (shrubby rainforest

to open scrubby fog belt or degraded

lowland mesic forest), wet

Diplopterygium pinnatum-Dicranopteris

linearis-Metrosideros polymorpha

shrubland, or wet Metrosideros

polymorpha-Dicranopteris linearis

shrubland. It occurs on flat to gentle

ridgecrest topography in moist to wet

clay or other soil substrate in open areas

or in moderate shade. Associated

species include native mat ferns, Doodia

sp. (okupukupu lau ii), Odontosoria

chinensis (pala a), Ilex anomala,

82090 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Hedyotis terminalis (manono), Sadleria

sp., Coprosma sp. (pilo), Lycopodium

sp. (wawae iole), Scaevola sp.

(naupaka), and Styphelia tameiameiae

(pukiawe) (Service 1995).

The primary threat to this species is

the small number of plants and their

restricted distribution, which increases

the potential for extinction from

naturally occurring events. In addition,

Gahnia lanaiensis is threatened by the

planned development of the island;

disturbance of the soil or destruction of

groundcover plants which would

increase the potential for erosion and

open areas to invading non-native

plants; and Leptospermum scoparium

(manuka), a weedy tree introduced from

New Zealand which is spreading along

Lanaihale, but has not yet reached the

area where Gahnia is found (Service

1995; HINHP Database 2000).

Hedyotis schlechtendahliana var. remyi

Hedyotis schlechtendahliana var.

remyi, a short-lived perennial and a

member of the coffee family

(Rubiaceae), is a few branched subshrub

from 60 to 600 cm (24 to 240 in.) long,

with weakly erect or climbing stems that

may be somewhat square, smooth, and

glaucous (with a fine waxy coating that

imparts a whitish or bluish hue to the

stem). The species is distinguished from

others in the genus by the distance

between leaves and the length of the

sprawling or climbing stems, and the

variety remyi is distinguished from

Hedyotis schlechtendahliana var.

schlechtendahliana by the leaf shape,

presence of narrow flowering stalks, and

flower color (Wagner et al. 1999).

Pollination vectors, seed dispersal

agents, longevity of plants and seeds,

specific environmental requirements,

and other limiting factors are unknown

for Hedyotis schlechtendahliana var.

remyi.

Historically, Hedyotis

schlechtendahliana var. remyi was

known from five locations on the

northwestern portion of Lanaihale

(HINHP Database 2000; Wagner et al.

1999; 64 FR 48307). Currently, this

species is known from eight individuals

in three populations on KaiholehaHulupoe Ridge, Kapohaku drainage, and

Waiapaa drainage on Lanaihale (GDSI

2000; HINHP Database 2000).

Hedyotis schlechtendahliana var.

remyi typically grows on or near ridge

crests in mesic windswept shrubland

with a mixture of dominant plant taxa

that may include Metrosideros

polymorpha, Dicranopteris linearis, or

Styphelia tameiameiae at elevations

between 732 and 914 m (2,400 to 3,000

ft). Associated plant taxa include

Dodonaea viscosa, Odontosoria

chinensis, Sadleria sp., Dubautia sp.,

and Myrsine sp. (kolea) (HINHP

Database 2000; 64 FR 48307).

The primary threats to Hedyotis

schlechtendahliana var. remyi are

habitat degradation and destruction by

axis deer; competition with alien plant

taxa such as Psidium cattleianum

(strawberry guava), Myrica faya

(firetree), Leptospermum scoparium,

and Schinus terebinthifolius

(christmasberry); and random

environmental events or reduced

reproductive vigor due to the small

number of remaining individuals and

populations (HINHP Database 2000; 64

FR 48307).

Labordia tinifolia var. lanaiensis

Labordia tinifolia var. lanaiensis, a

short lived perennial in the logan family

(Loganiaceae), is an erect shrub or small

tree 1.2 to 15 m (4 to 49 ft) tall. The

stems branch regularly into two forks of

nearly equal size. This subspecies

differs from the other taxa in this

endemic Hawaiian genus by having

larger capsules and smaller corollas

(Wagner et al. 1999). Flowering time,

pollination vectors, seed dispersal

agents, longevity of plants and seeds,

specific environmental requirements,

and other limiting factors are unknown.

Labordia tinifolia var. lanaiensis was

historically known from the entire

length of the summit ridge of Lanaihale

(HINHP Database 2000). Currently, L. t.

var. lanaiensis is known from only three

populations at the southeastern end of

the summit ridge of Lanaihale (HINHP

Database 2000). These populations total

300 to 800 scattered individuals (GDSI

2000).

The typical habitat of Labordia

tinifolia var. lanaiensis is lowland mesic

forest associated with the native species

Dicranopteris linearis and Scaevola

chamissoniana, at elevations between

710 and 1,020 m (2,330 and 3,345 ft)

(HINHP Database 2000; 64 FR 48307).

Labordia tinifolia var. lanaiensis is

threatened by axis deer and several

alien plant taxa. The species is also

threatened by random environmental

factors because of the small number of

populations (64 FR 48307).

Viola lanaiensis

Viola lanaiensis, a short-lived

perennial of the violet family

(Violaceae), is a small, erect,

unbranched or little branched subshrub.

The leaves, which are clustered toward

the upper part of the stem, are lanceshaped with a pair of narrow,

membranous stipules (leaf-like

appendages arising from the base of a

leaf) below each leaf axis. The flowers

are small, white with purple tinged or

with purple veins, and occur singly or

up to four per upper leaf axil. The fruit

is a capsule, about 1.0 to 1.3 cm (0.4 to

0.5 in) long (Wagner et al. 1999). It is

the only member of the genus on Lanai.

Flowering time, pollination vectors,

seed dispersal agents, longevity of

plants and seeds, specific

environmental requirements, and other

limiting factors are unknown.

Viola lanaiensis was known

historically from scattered sites on the

summit, ridges, and upper slopes of

Lanaihale (from near the head of

Kaiolena and Hookio Gulches to the

vicinity of Haalelepaakai, a distance of

about 4 km (2.5 mi), at elevations of

approximately 850–975 m (2,790–3,200

ft). An occurrence of V. lanaiensis was

known in the late 1970s along the

summit road near the head of Waialala

Gulch where a population of

approximately 20 individuals

flourished. That population has since

disappeared due to habitat disturbance.

Five populations are currently known

from southern Lanai: in Kunoa Gulch;

between Kunoa and Waialala Gulches;

in the upper end of the northernmost

drainage of Awehi Gulch; in Hauola

Gulch, and along Hauola Trail. It is

estimated that the populations total less

than 500 plants (GDSI 2000; HINHP

Database 2000).

The habitat of Viola lanaiensis is

Metrosideros polymorpha-Dicranopteris

linearis lowland wet forest or lowland

mesic shrubland. It has been observed

on moderate to steep slopes from lower

gulches to ridgetops, from 670–975 m

(2,200–3,200 ft) elevation, with a soil

and decomposed rock substrate in open

to shaded areas. It was once observed

growing from crevices in drier soil on a

mostly open rock area near a recent

landslide. Associated vegetation

includes ferns and short windswept

shrubs or other diverse mesic

community members such as Scaevola

chamissoniana, Hedyotis terminalis,

Hedyotis centranthoides (No common

name), Styphelia tameiameiae, Carex

sp. (No common name), Ilex anomala,

Psychotria sp., Antidesma sp.,

Coprosma sp., Freycinetia arborea,

Myrsine sp., Nestegis sp. (olopua),

Psychotria sp., and Xylosma sp. (maua)

(Service 1995; 56 FR 47686).

The main threats to Viola lanaiensis

include browsing and habitat

disturbance by axis deer; encroaching

alien plant species such as

Leptospermum sp. (No common name);

depressed reproductive vigor due to a

limited local gene pool; the probable

loss of appropriate pollinators; and

slugs (Service 1995; 56 FR 47686).

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82091

Multi-Island Species

Bonamia menziesii

Bonamia menziesii, a short-lived

perennial and a member of the morningglory family (Convolvulaceae), is a vine

with twining branches that are fuzzy

when young. This species is the only

member of the genus that is endemic to

the Hawaiian Islands and differs from

other genera in the family by its two

styles, longer stems and petioles (a stalk

that supports a leaf), and rounder leaves

(Austin 1999). Little is known about the

life history of this plant. Reproductive

cycles, longevity, specific

environmental requirements, and

limiting factors are unknown.

Historically, Bonamia menziesii was

known from Kauai, Oahu, Molokai,

West Maui, and Hawaii (HINHP

Database 2000). Currently, this species

is known from Kauai, Oahu, Maui,

Hawaii, and Lanai. On Lanai, the three

populations, containing a total of 14

individual plants, are found in the

Ahakea and Kanepuu Units of Kanepuu

Preserve, and on Puhielelu Ridge (GDSI

2000; HINHP Database 2000).

Bonamia menziesii is found in dry

Nestegis sandwicensis-Diospyros sp.

(lama) forest and dry Dodonea viscosa

shrubland at elevations between 150

and 855 m (490 and 2,800 ft) (Austin

1999; 59 FR 56333). Associated species

include Bobea sp. (ahakea), Nesoluma

polynesicum, Erythrina sandwicensis,

Rauvolfia sandwicensis, Metrosideros

polymorpha, Canthium odoratum,

Dienella sandwicensis (uki uki),

Diospyros sandwicensis (lama),

Hedyotis terminalis, Melicope sp.

(alani), Myoporum sandwicense (naio),

Nestegis sandwicense, Pisonia sp.

(papalakepau), Pittosporum sp. (hoawa),

Pouteria sandwicensis (alaa), and

Sapindus oahuensis (lonomea) (HINHP

Database 2000; 59 FR 56333).

The primary threats to this species on

Lanai are habitat degradation and

possible predation by feral pigs (Sus

scrofa), goats, axis deer, black-tailed

deer (Odocoileus hemionus

columbianus), and cattle (Bos taurus);

competition with a variety of alien plant

species such as Lantana camara,

Leucaena leucocephala and Schinus

terebinthifolius; and an alien beetle

(Physomerus grossipes) (Service 1999;

59 FR 56333).

Centaurium sebaeoides

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 (56 FR 55770; 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 (Service 1999).

Historically and currently,

Centaurium sebaeoides is known from

Kauai, Oahu, Molokai, Lanai, and Maui

(Wagner et al. 1999). On Lanai, there is

one population containing between 20

and 30 individual plants in Maunalei

Valley (HINHP Database 2000). This

species is found on dry ledges around

210 m (690 ft) elevation. Associated

species include Hibiscus brackenridgei

(HINHP Database 2000).

The major threats to this species on

Lanai are competition from alien plant

species (HINHP Database 2000).

Clermontia oblongifolia ssp. mauiensis

Clermontia oblongifolia ssp.

mauiensis, a short-lived perennial and a

member of the bellflower family

(Campanulaceae), a shrub or tree with

oblong to lance-shaped leaves on leaf

stalks (petioles). Clermontia oblongifolia

is distinguished from other members of

the genus by its calyx and corolla,

which are similar in color and are each

fused into a curved tube that falls off as

the flower ages. The species is also

distinguished by the leaf shape, the

male floral parts, the shape of the flower

buds, and the lengths of the leaf and

flower stalks, the flower, and the

smooth green basal portion of the flower

(the hypanthium) (Lammers 1988, 1999;

57 FR 20772). Clermontia oblongifolia

ssp. mauiensis is reported from Maui

and Lanai, while C. o. ssp. oblongifolia

is only known from Oahu, and C. o. ssp.

brevipes is only known from Molokai.

Clermontia oblongifolia ssp.

mauiensis is known to flower from

November to July (Rock 1919). Little is

known regarding pollination vectors,

seed dispersal, or other factors.

Historically and currently, Clermontia

oblongifolia ssp. mauiensis is known

from Lanai and Maui (Lammers 1999; 57

FR 20772). On Lanai, an unknown

number of individuals are reported from

Kaiholena Gulch (HINHP Database

2000).

This plant typically grows on the

sides of ridges in Metrosideros

polymorpha dominated lowland wet

forest at elevations between 800–900 m

(2,625–2,950 ft). Associated native

species include Coprosma sp.,

Clermontia sp., Hedyotis sp., and

Melicope sp. (HINHP Database 2000).

The threats to this species on Lanai

are the small number of populations and

individuals which make it vulnerable to

extinction from a single natural or

human-caused environmental

disturbance; depressed reproductive

vigor; and habitat degradation by feral

pigs (57 FR 20772; Service 1997).

Ctenitis squamigera

Ctenitis squamigera, a short-lived

perennial and a member of the wood

fern family (Dryopteridaceae) (Wagner

and Wagner 1992). It has a rhizome

(horizontal stem), creeping above the

ground and densely covered with scales

similar to those on the lower part of the

leaf stalk. It can be readily distinguished

from other Hawaiian species of Ctenitis

by the dense covering of tan-colored

scales on its frond (Wagner and Wagner

1992). Reproductive cycles, longevity,

specific environmental requirements

and limiting factors are unknown.

Historically, Ctenitis squamigera was

recorded from Kauai, Oahu, Molokai,

Maui, Lanai, and the island of Hawaii

(HINHP Database 2000). Currently, it is

found on Oahu, Lanai, West Maui, and

Molokai (HINHP Database 2000; 59 FR

49025). There are three populations

totaling 42 individual plants on Lanai in

the Waiapaa-Kapohaku area on the

leeward side of the island, Lopa Gulch,

and Waiopa Gulch on the windward

side (GDSI 2000; HINHP Database 2000).

This species is found in the forest

understory at elevations of 380 to 917 m

(1,250 to 3,010 ft) in diverse mesic forest

and scrubby mixed mesic forest (HINHP

Database 2000). Associated native plant

taxa include Nestegis sandwicensis,

Coprosma sp., Sadleria sp., Selaginella

sp. (lepelepe a moa), Carex meyenii (No

common name), Blechnum occidentale

(No common name), Pipturus sp.,

Melicope sp., Pneumatopteris

sandwicensis (No common name),

Pittosporum sp., Alyxia oliviformis

(maile), Freycinetia arborea, Antidesma

sp., Cyrtandra sp., Peperomia sp. (ala

ala wai nui), Myrsine sp., Psychotria sp.,

Metrosideros polymorpha, Syzygium

sandwicensis (ohia ha), Wikstroemia sp.,

Microlepia sp. (No common name),

Doodia sp., Boehmeria grandis (akolea),

Nephrolepis sp. (kupukupu), Perrotettia

sandwicensis, and Xylosma sp. (HINHP

2000, 59 FR 49025).

The primary threats to this species on

Lanai are habitat degradation by feral

pigs, goats, and axis deer; competition

with alien plant taxa, especially

Psidium cattleianum and Schinus

terebinthifolius; fire; decreased

reproductive vigor and extinction from

naturally occurring events due to the

small number of existing populations

and individuals (Service 1998; Culliney

1988; HINHP Database 2000; 59 FR

49025).

82092 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Cyanea grimesiana ssp. grimesiana

Cyanea grimesiana ssp. grimesiana, a

short-lived perennial and a 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 reported in July and

August. Reproductive cycles, longevity,

specific environmental requirements,

and limiting factors are unknown.

Historically and currently, Cyanea

grimesiana ssp. grimesiana is known

from Oahu, Molokai, Lanai, and Maui

(61 FR 53108; Service 1999). Currently,

on Lanai there are two populations with

at least three individuals in Kaiholena

Gulch and Waiakeakua Gulch (HINHP

Database 2000).

This species is typically found in

mesic forest often dominated by

Metrosideros polymorpha or M.

polymorpha and Acacia koa (koa), or on

rocky or steep slopes of stream banks, at

elevations between 350 and 945 m

(1,150 and 3,100 ft). Associated plants

include Antidesma sp., Bobea sp.,

Myrsine sp., Nestegis sandwicensis,

Psychotria sp., and Xylosma sp. (61 FR

53108; Service 1999).

The threats to this species on Lanai

are habitat degradation and/or

destruction caused by feral axis deer,

goats, and pigs; competition with

various alien plants; randomly naturally

occurring events causing extinction due

to the small number of existing

individuals; fire; landslides; rats (Rattus

rattus); and various slugs (59 FR 53108;

Service 1999).

Cyrtandra munroi

Cyrtandra munroi, a short-lived

perennial and a member of the African

violet family (Gesneriaceae). It is a

shrub with opposite, elliptic to almost

circular leaves which are sparsely to

moderately hairy on the upper surface

and covered with velvety, rust-colored

hairs underneath. This species is

distinguished from other species of the

genus by the broad opposite leaves, the

length of the flower cluster stalks, the

size of the flowers, and the amount of

hair on various parts of the plant

(Wagner et al. 1999).

Some work has been done on the

reproductive biology of some species of

Cyrtandra (Service 1995), but not on C.

munroi specifically. Studies indicate

that a specific pollinator may be

necessary for successful pollination.

Seed dispersal may be via birds which

eat the fruits (Service 1995). Flowering

time, longevity of plants and seeds,

specific environmental requirements,

and other limiting factors are unknown.

Historically and currently, Cyrtandra

munroi is known from Lanai and Maui

(HINHP Database 2000; Wagner et al.

1999). Currently, on Lanai there are a

total of two populations containing 17

individuals in the Kapohaku/Waiapaa

area, and the gulch between Kunoa and

Waialala gulches (GDSI 2000; HINHP

Database 2000).

The habitat of this species is diverse

mesic forest, wet Metrosideros

polymorpha forest, and mixed mesic M.

polymorpha forest, typically on rich,

moist to wet, moderately steep talus

slopes from 300 to 920 m (980–3,020 ft).

It occurs on soil and rock substrates on

slopes from watercourses in gulch

bottoms and up the sides of gulch slopes

to near ridgetops. Associated native

species include, Diplopterygium

pinnatum, Diospyros sp., Hedyotis

acuminata (au), Clermontia sp., Alyxia

oliviformis, Bobea sp., Coprosma sp.,

Dicranopteris linearis, Freycinetia

arborea, Melicope sp., Myrsine sp.,

Perrottetia sandwicensis, Pipturus sp.,

Pittosporum sp., Pleomele sp. (hala

pepe), Pouteria sandwicensis,

Psychotria sp., Sadleria sp., Scaevola

sp., Xylosma sp., and other Cyrtandra

spp. (HINHP Database 2000; Service

1995).

The threats to this species on Lanai

are browsing and habitat disturbance by

axis deer; competition with the alien

plant species Psidium cattleianum,

Myrica faya, Leptospermum scoparium,

Pluchea symphytifolia (sourbush),

Melinis minutiflora (molasses grass),

Rubus rosifolius (thimbleberry), and

Paspalum conjugatum (Hilo grass); a

very small number of extant individuals

which can cause depressed reproductive

vigor; and loss of appropriate

pollinators (Service 1995; 57 FR 20772).

Hedyotis mannii

Hedyotis mannii, a short-lived

perennial and a member of the coffee

family (Rubiaceae). It is a perennial

plant with smooth, usually erect stems

30 to 60 cm (1 to 2 ft) long which are

woody at the base and four-angled or

-winged. 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).

Little is known about the life history

of this plant. Reproductive cycles,

longevity, specific environmental

requirements, and limiting factors are

unknown (Service 1996a).

Hedyotis mannii was once widely

scattered on Lanai, West Maui, and

Molokai (HINHP Database 2000). After a

hiatus of 50 years, this species was

rediscovered in 1987 by Steve Perlman

on Molokai (HINHP Database 2000;

Service 1996a). In addition, two

populations, now numbering between

35 and 40 individual plants, were

discovered on Lanai in 1991 in

Maunalei and Hauola gulches (GDSI

2000; HINHP Database 2000; Service

1996a).

Hedyotis mannii typically grows on

dark, narrow, rocky gulch walls and on

steep stream banks in wet forests at 150

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

(HINHP Database 2000; Service 1996a).

Associated plant species include

Sadleria sp., Selaginella sp., Broussaisia

arguta, Labordia sp., Cyrtandra sp.,

Scaevola sp., Freycinetia arborea,

Blechnum occidentale, Pipturis sp.,

Carex meyenii, Pneumatopteris

sandwicensis, Cibotium sp. (hapuu),

Cyanea sp. (haha), and Psychotria sp.

(HINHP Database 2000).

The limited number of individuals of

Hedyotis mannii makes it extremely

vulnerable to extinction from random

environmental events. Feral pigs and

alien plants such as Melinis minutiflora,

Psidium cattleianum, and Rubus

rosifolius degrade the habitat of this

species and contribute to its

vulnerability (57 FR 46325).

Hibiscus brackenridgei 

Hibiscus brackenridgei, a short-lived

perennial and a member of the mallow

family (Malvaceae), is a sprawling to

erect shrub or small tree. This species

differs from other members of the genus

in having the following combination of

characteristics: Yellow petals, a calyx

consisting of triangular lobes with

raised veins and a single midrib, bracts

attached below the calyx, and thin

stipules that fall off, leaving an elliptic

scar. Two subspecies are currently

recognized, H. brackenridgei ssp.

brackenridgei and H. brackenridgei ssp.

mokuleianus (Bates 1999).

Hibiscus brackenridgei is known to

flower continuously from early February

through late May, and intermittently at

other times of year. Intermittent

flowering may possibly be tied to day

length (Service 1999). Little else is

known about the life history of this

plant. Pollination biology, longevity,

specific environmental requirements,

and limiting factors are unknown.

Historically, Hibiscus brackenridgei

was known from Kauai, Oahu, Lanai,

Maui, Molokai, and Hawaii (HINHP

Database 2000; Service 1999). Hibiscus

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82093

brackenridgei was collected from an

undocumented site on Kahoolawe

though the subspecies has never been

determined (Service 1999). Currently, H.

b. ssp. mokuleianus is known from

Oahu and from undocumented

observations on Kauai (Bates 1999;

Service 1999). Hibiscus brackenridgei

ssp. brackenridgei is currently known

from Lanai, Maui, and Hawaii. On

Lanai, there are a total of three

populations containing an unknown

number of individuals, one population

is known from Keamuku Road, one from

a fenced area on the dry plains of Kaena

Point, and a population that was

initially outplanted and now appears to

be reproducing naturally in Kanepuu

Preserve (GDSI 2000; HINHP Database

2000; Wesley Wong, Jr., formerly of

Hawaii Division of Forestry and

Wildlife (DOFAW), in litt. 1998).

Hibiscus brackenridgei ssp.

brackenridgei occurs in lowland dry to

mesic forest and shrubland from sea

level to 800 m (2,625 ft) in elevation

(Bates 1999; HINHP Database 2000).

Associated plant species include

Dodonea viscosa, Canthium odoratum,

Eurya sandwicensis (anini), Isachne

distichophylla (ohe), and Sida fallax

(HINHP Database 2000).

The primary threats to Hibiscus

brackenridgei ssp. brackenridgei on

Lanai are habitat degradation; possible

predation by pigs, goats, mouflon sheep

(Ovis musimon), cattle, axis deer, and

rats; competition with alien plant

species; road construction; fire; and

susceptibility to extinction caused by

naturally occurring events or reduced

reproductive vigor (59 FR 56333).

Melicope munroi

Melicope munroi, a long lived

perennial of the citrus family

(Rutaceae), is a sprawling shrub up to 3

m (10 ft) tall. The new growth of this

species is minutely hairy. This species

differs from other Hawaiian members of

the genus in the shape of the leaf and

the length of the inflorescence (a flower

cluster) stalk (Stone et al. 1999).

Flowering time, pollination vectors,

seed dispersal agents, longevity of

plants and seeds, specific

environmental requirements, and other

limiting factors are unknown.

Historically, this species was known

from the Lanaihale summit ridge of

Lanai and above Kamalo on Molokai.

Currently, Melicope munroi is only

known from the Lanaihale summit ridge

on Lanai (HINHP Database 2000; GDSI

2000). There are four scattered

populations totaling an estimated 300 to

800 individuals on the Lanaihale

summit, head of Hauola gulch, Waialala

gulch, and the ridge of Waialala gulch

(HINHP Database 2000; 64 FR 48307).

Melicope munroi is typically found on

slopes in lowland wet shrublands, at

elevations of 790 to 1,020 m (2,600 to

3,350 ft). Associated native plant taxa

include Diplopterygium pinnatum,

Dicranopteris linearis, Metrosideros

polymorpha, Cheirodendron trigynum

(olapa), Coprosma sp., Broussaisia

arguta, other Melicope sp., and

Machaerina angustifolia (uki) (HINHP

Database 2000).

The major threats to Melicope munroi

on Lanai are axis deer and the alien

plant taxa Leptospermum scoparium

and Psidium cattleianum (HINHP

Database 2000). Random environmental

events also threaten the one remaining

population (64 FR 48307).

Portulaca sclerocarpa 

Portulaca sclerocarpa of the purslane

family (Portulacaceae), is a perennial

herb with a fleshy tuberous taproot

which becomes woody and has stems

up to about 20 cm (8 in.) long. The

stalkless, succulent, grayish-green

leaves are almost circular in crosssection. Dense tufts of hairs are located

in each leaf axil (point of divergence

between a branch or leaf) and

underneath the tight clusters of three to

six stalkless flowers grouped at the ends

of the stems. Sepals (one of the modified

leaves comprising a flower calyx) have

membranous edges and the petals are

white, pink, or pink with a white base.

The hardened capsules open very late or

not at all, and contain glossy, dark

reddish-brown seeds. This species

differs from other native and naturalized

species of the genus in Hawaii by its

woody taproot, its narrow leaves, and

the colors of its petals and seeds. Its

closest relative, P. villosa, differs mainly

in its thinner-walled, opening capsule

(Wagner et al. 1999).

This species was observed in flower

during March 1977, December 1977, and

June 1978. The presence of juveniles

indicated that pollination and

germination were occurring (Service

1996b). Pollination vectors, seed

dispersal agents, longevity of plants and

seeds, specific environmental

requirements, and other limiting factors

are unknown.

Historically and currently, Portulaca

sclerocarpa is found on an islet off the

south coast of the island of Lanai, and

on the island of Hawaii. The population

on Poopoo Islet off the coast of Lanai

contains about 10 plants (HINHP

Database 2000; GDSI 2000; Service

1996b). This species grows on exposed

ledges in thin soil in coastal

communities (Wagner et al. 1999;

HINHP Database 2000).

The major threats to Portulaca

sclerocarpa on Lanai are herbivory

(feeding on plants) by the larvae of an

introduced sphinx moth (Hyles lineata)

(Frank Howarth, Bishop Museum, in litt

2000); competition from introduced

plants; and fire (59 FR 10305).

Spermolepis hawaiiensis 

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 S. hawaiiensis.

Reproductive cycles, longevity, specific

environmental requirements, and

limiting factors are unknown (Service

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, West

Maui, and Hawaii (59 FR 56333; HINHP

Database 2000). On Lanai, this species is

known from three populations of 350 to

400 individuals: in the southern edge of

Kapoho Gulch, Kamiki Ridge, and

around 274 m (900 ft.) downslope of

Puu Manu (HINHP Database 2000;

Robert Hobdy, DOFAW, pers. comm.

2000).

Spermolepis hawaiiensis is known

from rocky, steep slopes growing on

ledges and pockets between elevations

of 335 and 396 m (1,100 and 1,300 ft).

Associated native plant species include

Dodonea viscosa, Panicum spp. (panic

grass), Heteropogon contortus (pili

grass), Lipochaeta lavarum (nehe), and

Reyoldsia sandwicensis (ohe) (HINHP

Database 2000; R. Hobdy, pers. comm.

2000).

The primary threats to Spermolepis

hawaiiensis on Lanai are habitat

degradation by feral goats, competition

with various alien plants such as

Lantana camara; and erosion,

landslides, and rockslides due to natural

weathering which result in the death of

individual plants as well as habitat

destruction (59 FR 56333; Service 1999;

R. Hobdy, pers. comm. 2000).

82094 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Tetramolopium remyi 

Tetramolopium remyi, a short-lived

perennial member of the sunflower

family (Asteraceae), is a much branched,

decumbent (reclining, with the end

ascending) or occasionally erect shrub

up to about 38 cm (15 in.) tall. Its leaves

are firm, very narrow, and with the

edges rolled inward when the leaf is

mature. There is a single flower head

per branch. The heads are each

comprised of 70 to 100 yellow disk and

150 to 250 white ray florets. The stems,

leaves, flower bracts, and fruit are

covered with sticky hairs.

Tetramolopium remyi has the largest

flower heads in the genus. Two other

species of the genus are known

historically from Lanai, but both have

purplish rather than yellow disk florets

and from 4 to 60 rather than 1 flower

head per branch (Lowrey 1999).

Tetramolopium remyi flowers

between April and January (Lowrey

1986). Field observations suggest that

the population size of the species can be

profoundly affected by variability in

annual precipitation; the adult plants

may succumb to prolonged drought, but

apparently there is a seedbank in the

soil that can replenish the population

during favorable conditions (Lowrey

1986; Service 1995). Such seed banks

are of great importance for arid-dwelling

plants to allow populations to persist

through adverse conditions. The aridity

of the area, possibly coupled with

human-induced changes in the habitat

and subsequent lack of availability of

suitable sites for seedling establishment,

may be a factor limiting population

growth and/or expansion. Requirements

of this taxon in these areas are not

known, but success in greenhouse

cultivation of these plants with much

higher water availability implies that,

although these plants are droughttolerant, perhaps the dry conditions in

which they currently exist are not

optimum. Individual plants are

probably not long-lived (Lowrey 1986).

Pollination is hypothesized to be

possibly by butterflies, bees, or flies.

Seed dispersal agents, environmental

requirements, and other limiting factors

are unknown (Lowrey 1986; Service

1995).

Historically, the species was known

from the Lahaina area of West Maui and

Lanai. Currently, Tetramolopium remyi

is only known from two populations on

Lanai: one near Awalua Road and the

other near Awehi Road, with a total of

approximately 26 plants (GDSI 2000;

HINHP Database 2000).

Tetramolopium remyi is found in red

sandy loam soil in dry Dodonea viscosaHeteropogon contortus communities at

an elevation of about 230 m (755 ft).

Commonly associated native species

include Bidens mauiensis, Waltheria

indica (uha loa), Wikstroemia oahuensis

(akia), and Lipochaeta lavarum (HINHP

Database 2000).

Browsing by deer and mouflon sheep

and competition from invading weedy

species, primarily Andropogon viginicus

(broomsedge) and Panicum maximum

(guinea grass), are the main threats to

the species on Lanai. The plants are tiny

and can easily be displaced and

eliminated by invading exotic species.

Fire is also a potential threat (Service

1995; 56 FR 47686).

Vigna o-wahuensis 

Vigna o-wahuensis, a member of the

legume 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

(Service 1999).

Historically, Vigna o-wahuensis was

known from Niihau, Oahu, and Maui

(HINHP Database 2000). Currently, V. owahuensis is known from the islands of

Molokai, Maui, Lanai, Kahoolawe, and

Hawaii. There are no currently known

populations on Niihau or Oahu (HINHP

Database 2000). On Lanai, it is known

from a 1986 collection made on the

‘‘windward slopes of Kanepuu’’ (GDSI

2000; HINHP Database 2000; Joel Lau,

HINHP, in litt. 2000).

While typically reported from dry

grassland and shrubland on Kahoolawe,

Molokai, and Hawaii, the plant

community and associated species,

elevation, and threats are unknown on

Lanai (HINHP Database 2000; J. Lau,

HINHP, in litt. 2000; 59 FR 56333).

A summary of populations and

landownership for these 19 plant

species on Lanai is given in Table 3.

TABLE 3.—SUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 19 SPECIES ON LANAI

Species

Number of

current

populations

Landownership

Federal State Private

Abutilon eremitopetalum .................................................................................. 1 ........................ ........................ X

Bonamia menziesii ........................................................................................... 3 ........................ ........................ X

Centaurium sebaeoides ................................................................................... 1 ........................ ........................ X

Clermontia oblongifolia ssp. mauiensis ........................................................... 1 ........................ ........................ X

Ctenitis squamigera ......................................................................................... 3 ........................ ........................ X

Cyanea grimesiana ssp. grimesiana ............................................................... 2 ........................ ........................ X

Cyanea macrostegia ssp. gibsonii ................................................................... 7 ........................ ........................ X

Cyrtandra munroi ............................................................................................. 2 ........................ ........................ X

Gahnia lanaiensis ............................................................................................ 3 ........................ ........................ X

Hedyotis mannii ............................................................................................... 2 ........................ ........................ X

Hedyotis schlechtendahliana var. remyi .......................................................... 3 ........................ ........................ X

Hibiscus brackenridgei ..................................................................................... 3 ........................ ........................ X

Labordia tinifolia var. lanaiensis ...................................................................... 3 ........................ ........................ X

Melicope munroi .............................................................................................. 4 ........................ ........................ X

Portulaca sclerocarpa ...................................................................................... 1 ........................ ........................ X

Spermolepis hawaiiensis ................................................................................. 3 ........................ ........................ X

Tetramolopium remyi ....................................................................................... 2 ........................ ........................ X

Vigna o-wahuensis .......................................................................................... 1 ........................ ........................ X

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82095

TABLE 3.—SUMMARY OF POPULATIONS AND LANDOWNERSHIP FOR 19 SPECIES ON LANAI—Continued

Species

Number of

current

populations

Landownership

Federal State Private

Viola lanaiensis ................................................................................................ 5 ........................ ........................ X

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, Bonamia

menziesii, Gahnia lanaiensis, Hedyotis

mannii (as Hedyotis thyrsoidea var.

thyrsoidea), Hibiscus brackenridgei (as

Hibiscus brackenridgei var.

brackenridgei, var. mokuleianus, and

var. ‘‘from Hawaii’’), Portulaca

sclerocarpa, Solanum incompletum (as

Solanum haleakalense and Solanum

incompletum var. glabratum, var.

incompletum, and var. mauiensis),

Vigna o-wahuensis (as Vigna

sandwicensis var. heterophylla and var.

sandwicensis), and Viola lanaiensis

were considered endangered; Cyrtandra

munroi and Labordia tinifolia var.

lanaiensis were considered threatened;

and, Abutilon eremitopetalum, Ctenitis

squamigera, Cyanea macrostegia ssp.

gibsonii, Melicope munroi (as Pelea

munroi), and Tetramolopium remyi

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 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 Cyrtandra

munroi, Labordia tinifolia var.

lanaiensis, and Melicope munroi. 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 2 years

old be withdrawn, and a 1-year grace

period was given to proposals already

over 2 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.

We 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),

February 28, 1996 (61 FR 7596), and

September 19, 1997 (62 FR 49398). A

summary of the status categories for

these Lanai plant species in the 1980–

1997 notices of review can be found in

Table 4(a).

The 20 plants at issue in this

proposed rule were listed as endangered

species under the Act between 1991 and

1999. A summary of the listing actions

can be found in Table 4(b). At the time

17 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 not prudent

determinations, along with 229 others,

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 directed us to

review the prudency determinations for

245 listed plant species in Hawaii,

including these species (2 F. Supp. 2d

1280 (D. Haw. 1998)). 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). For example, the court

suggested that, before concluding

critical habitat would not be prudent,

we should consider whether designation

might prevent an inadvertent act of

destruction by educating the public.

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

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.

At the time we listed Hedyotis

schlechtendahliana var. remyi, Labordia

tinifolia var. lanaiensis, and Melicope

munroi (64 FR 48307), we determined

that designation of critical habitat was

prudent and that we would develop

critical habitat designations for these

three taxa, along with seven 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—000283 HG (D.

Haw. August 19, 1999, February 16,

2000, and March 28, 2000), the court

ordered us to publish proposed critical

habitat designations for these 10 Maui

82096 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Nui species by November 30, 2000, and

to publish final critical habitat

designations by November 30, 2001.

This notice and proposed rule responds

to the court’s orders.

To comply with the court orders,

between now and April 30, 2002, we

plan to publish seven notices of

determinations of whether critical

habitat is prudent, along with proposed

rules as appropriate, in the following

groupings: Kauai and Niihau; Maui and

Kahoolawe; Lanai; Molokai; Northwest

Hawaiian Islands; Hawaii; and Oahu.

Each notice will contain proposed

prudency determinations for species

occurring on that island for which

prudency determinations have not

previously been proposed. Each

proposed rule will also contain

proposed designations or nondesignations of critical habitat for each

plant species known to occur from that

island. Thus, a species that occurs on

multiple islands may have critical

habitat proposed in multiple rules.

The proposed prudency

determinations and proposed rules for

Kauai and Niihau were published in the

Federal Register on November 7, 2000

(65 FR 66807). Proposals for Maui and

Kahoolawe are being published

concurrently with this rule.

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 three of these plants

(Hedyotis schlechtendahliana var.

remyi, Labordia tinifolia ssp. lanaiensis,

and Melicope munroi) and not prudent

for the other plants because it would not

benefit the plant and/or would increase

the degree of threat to the species.

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 believed may lead to designation

based on guesswork. The respondents

who supported the designation of

critical habitat cited that designation

will—(1) provide a uniform protection

plan for the Hawaiian Islands; (2)

promote funding for management of

these plants; (3) educate the public and

State government; and (4) protect

partnerships with landowners and build

trust.

In early February, 2000, we handdelivered a letter to representatives of

the private landowner on Lanai

requesting any information considered

germane to the management of any of

the 245 plants on the island, and

containing a copy of the November 30,

1998, Federal Register notice, a map

showing the general locations of the

plants on Lanai, and a handout

containing general information on

critical habitat. On April 4, 2000, we

met with representatives of the

landowner to discuss their current land

management activities. In addition, we

met with Maui County DOFAW staff

and discussed their management

activities on Lanai.

On November 7, 2000, we published

the first of the court-ordered prudency

determinations and proposed critical

habitat designations or non-designations

for Kauai and Niihau plants (65 FR

66807). Proposals for Maui and

Kahoolawe plants are being published

concurrently with this proposal. We

proposed that critical habitat was

prudent for nine species (Bonamia

menziesii, Centarium sebaeoides,

Clermontia oblongifolia ssp. mauiensis,

Ctenitis squamigera, Cyanea grimesiana

ssp. grimesiana, Cyrtandra munroi,

Hibiscus brackenridgei, Spermolepis

hawaiiensis, and Vigna o-wahuensis)

from Lanai that also occur on Kauai,

Niihau, Maui, and/or Kahoolawe.

TABLE 4(A).—SUMMARY OF CANDIDACY STATUS FOR PLANT SPECIES FROM LANAI

Species

Federal Register Notice of Review

12/15/80 9/27/85 2/20/90 9/30/93 2/28/96

Abutilon eremitopetalum .................................................................. C1 C1 C1

Bonamia menziesii ........................................................................... C1 C1 C1

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

Clermontia oblongifolia ssp. mauiensis ........................................... C1

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

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

Cyanea macrostegia ssp. gibsonii ................................................... C1 C1 C1

Cyrtandra munroi ............................................................................. C2 C2 C1

Gahnia lanaiensis ............................................................................ C1 C1 C1

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

Hedyotis schlechtendahliana var. remyi .......................................... C2 C2 C

Hibiscus brackenridgei ..................................................................... C1 C1 C1

Labordia tinifolia var. lanaiensis ...................................................... C2 C2 3C 3C

Melicope munroi ............................................................................... C1* C1* C2 C2 C

Phyllostegia glabra var. lanaiensis .................................................. C1 C1 C1

Portulaca sclerocarpa ...................................................................... C1 C1 C1

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

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82097

TABLE 4(A).—SUMMARY OF CANDIDACY STATUS FOR PLANT SPECIES FROM LANAI—Continued

Species

Federal Register Notice of Review

12/15/80 9/27/85 2/20/90 9/30/93 2/28/96

Tetramolopium remyi ....................................................................... C1 C1 C1

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

Viola lanaiensis ................................................................................ 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

TABLE 4(B).—SUMMARY OF LISTING ACTIONS FOR PLANT SPECIES FROM LANAI

Species Federal

status

Proposed rule Final rule

Date Federal

Register Date FederalRegister

Abutilon eremitopetalum ............................................................................. E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

Bonamia menziesii ..................................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

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

Clermontia oblongifolia ssp. mauiensis ...................................................... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772

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

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

Cyanea macrostegia ssp. gibsonii ............................................................. E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

Cyrtandra munroi ........................................................................................ E 05/24/91 56 FR 23842 05/15/92 57 FR 20772

Gahnia lanaiensis ....................................................................................... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

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

Hedyotis schlechtendahliana var. remyi .................................................... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307

Hibiscus brackenridgei ............................................................................... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333

Labordia tinifolia var. lanaiensis ................................................................. E 05/15/97 62 FR 26757 09/03/99 64 FR 48307

Melicope munroi ......................................................................................... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307

Phyllostegia glabra var. lanaiensis ............................................................. E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

Portulaca sclerocarpa ................................................................................. E 12/17/92 57 FR 59951 03/04/94 59 FR 10305

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

Tetramolopium remyi .................................................................................. E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

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

Viola lanaiensis .......................................................................................... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686

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 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 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

82098 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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.

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 eight

species at issue, we analyzed the

potential threats and benefits for each

species in accordance with the court’s

order. One species, Phyllostegia glabra

var. lanaiensis, known only from Lanai,

is no longer extant in the wild.

Phyllostegia glabra var. lanaiensis was

last collected on ‘‘northern Lanai’’ on

June, 6, 1914 (HINHP Database 2000). In

addition, this species is not known to be

in storage or under propagation.

Therefore, we believe it may be extinct.

Under these circumstances, we propose

that designation of critical habitat for

Phyllostegia glabra var. lanaiensis is not

prudent because such designation

would be of no benefit to this species.

If this species is rediscovered, we may

revise this proposal to incorporate or

address new information as new data

becomes available. See 16 U.S.C.

1532(5)(B); 50 CFR 424.12(f)).

Due to low numbers of individuals

and/or populations and their inherent

immobility, the other seven plants may

be vulnerable to unrestricted collection,

vandalism, or disturbance. However, we

examined the evidence available for

each of these 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 seven 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 seven species,

there would be some benefits to critical

habitat. The primary regulatory effect of

critical habitat is the section 7

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82099

requirement that Federal agencies

refrain from taking any action that

destroys or adversely affects critical

habitat. While all of these species are

located exclusively on non-Federal

lands with limited Federal activities,

there may be Federal actions affecting

these lands in the future. While a

critical habitat designation for habitat

currently occupied by these species

would not be likely 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 may also be some

educational or informational benefits to

the designation of critical habitat.

Educational benefits include the

notification of land owner(s), land

managers, and the general public of the

importance of protecting the habitat of

these species and dissemination of

information regarding their essential

habitat requirements.

Therefore, we propose that critical

habitat is prudent for seven species

(Abutilon eremitopetalum, Cyanea

macrostegia ssp. gibsonii, Gahnia

lanaiensis, Hedyotis mannii, Portulaca

sclerocarpa, Tetramolopium remyi, and

Viola lanaiensis) because the potential

benefits of designating critical habitat

essential for the conservation of these

species outweigh the risks, resulting

from human activity, of designation. We

propose that designation of critical

habitat is not prudent for one species,

Phyllostegia glabra var. lanaiensis, since

we believe it may be extinct, and

because such a designation would not

be beneficial to this species.

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 19 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.

The currently known primary

constituent elements of critical habitat

for Vigna o-wahuensis on Lanai are

unknown because we are not able, at

this time, to ascertain the specific

location of Vigna o-wahuensis on Lanai.

This species was last collected 14 years

ago from the ‘‘windward slopes of

Kanepuu’’ (HINHP Database 2000; J.

Lau, in litt. 2000). We are not, therefore,

designating critical habitat for Vigna owahuensis, on Lanai. However, critical

habitat has been proposed for this

species on Maui and Kahoolawe, and

may be considered on the island of

Hawaii. Future field surveys of this

relatively large area encompassed by the

‘‘windward slopes of Kanepuu’’ may

lead to a rediscovery of the location of

this species and may enable us to

determine the habitat components

essential for the conservation of Vigna

o-wahuensis on Lanai.

Methods for Selection of Areas for

Proposed Critical Habitat Designations

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 in which the plants occur,

their physical location (e.g., steep rocky

cliffs, talus slopes, stream banks), and

elevation. The areas we propose to

designate as critical habitat provide

some or all of the habitat components

essential for the conservation of 18 of

the 19 plant species.

Critical habitat may also include areas

outside the geographic area presently

occupied by a species upon a

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.

We have not included such areas in the

proposed designations for these 18

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.

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.,

north Lanai and Lanaihale). 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 18

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

82100 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

information available to determine areas

that contain those physical and

biological features that are essential for

the survival and recovery of the 18 plant

species. This information included sitespecific species information from the

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 15 of these 18

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; Service

1995, 1996a, 1996b, 1997, 1998, 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 (Service 1999). 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 critical habitat designations

proposed in this rule do not include all

of the habitat identified by the HPPRCC.

In addition, 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).

For these 18 plant species from Lanai,

currently occupied habitat was

examined and critical habitat

boundaries were delineated in such a

way that locations with a high density

of endangered plants could be depicted

clearly (multi-species units). However,

these multi-species critical habitat units

are not homogenous or uniform in

nature, and critical habitat units often

encompass 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. This 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 enclosures for rare

plants (Service 1995, 1996a, 1996b,

1997, 1998, 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; Service 1995,

1996a, 1996b, 1997, 1998, 1999).

The manner in which we delineated

each multi-species proposed critical

habitat unit are as follows:

(1) Known current locations of each

species were delineated using the

guidelines explained above (Figure

1(a)).

(2) The perimeter boundaries of

individual circular areas were

connected to form unit area boundaries

(Figure 1(b)).

(3) Unit area boundaries were

delineated to follow significant

topographic features (50 CFR 424.12(c))

such as coastlines, ridgelines, and

valleys (Figure 1(c)).

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 18 species. Within

the critical habitat boundaries, adverse

modification would only generally

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 (preChristian place of worship, shrine), 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 would not be impacted by the

designation of critical habitat.

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82101

All currently occupied sites

containing one or more of the primary

constituent elements considered

essential to the conservation of these 18

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,

we contacted the major private

landowner on Lanai by mail and we met

with the landowner’s representatives in

April 2000 to discuss their current

management for the plants on their

lands. We also met with Maui County

DOFAW office staff to discuss

management activities they are

conducting on Lanai.

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

management plans or agreements, we

considered the following:

(1) 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 non-native 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; Service 1995, 1996a,

1996b, 1997, 1998, 1999; Vitousek 1992;

Wagner et al. 1985). Ungulate activity in

most areas results in an increase of nonnative 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; Service 1995, 1996a, 1996b,

1997, 1998, 1999).

(2) The recommendations from the

HPPRCC in their 1998 report (‘‘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.

(3) The management actions needed

for assurance of survival and ultimate

recovery of Hawaii’s endangered plants.

These actions are described in our

recovery plans for 15 of the 18 species

(Service 1995, 1996a, 1996b, 1997, 1998,

1999), in the HPPRCC (1998) report, and

in various other documents and

publications relating to plant

conservation in Hawaii (Cuddihy and

Stone 1990; Mueller-Dombois 1985;

Smith 1985; Stone 1985; Stone et al.

1992). 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 plant

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

82102 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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.

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) maintenance of natural pollinators

and pollinating systems, when known;

(10) habitat management and restoration

in areas deemed essential for the

recovery of the species; (11) monitoring

of the wild, outplanted, and augmented

populations; (12) rare plant surveys; and

(13) control of human activities and

access.

As shown in Table 3, these 18 species

of plants occur on private land on the

island of Lanai. Information received in

response to our two public notices, and

meetings with representatives of the

landowner and Maui County DOFAW

staff, indicated that there is little ongoing conservation management for

these plants, except as noted below.

Without management plans and

assurances that the plans will be

implemented, we are unable to find that

the land in question does not require

special management or protection.

One species (Bonamia menziesii) is

reported from The Nature Conservancy

of Hawaii’s Kanepuu Preserve which is

located in the northeast central portion

of Lanai (GDSI 2000; HINHP Database

2000; The Nature Conservancy of

Hawaii (TNCH) 1997). This preserve

was established by a grant of a perpetual

conservation easement from the private

landowner to TNC and is 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 1997).

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

qualified landowner according to a

detailed management plan approved by

the Board of Land and Natural

Resources. Once approved, the 6-year

partnership agreement between the

State and the managing entity is

automatically renewed each year so that

there is always 6 years remaining in the

term, although the management plan is

updated and funding amounts are reauthorized by the board at least every 6

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 6 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 State Department of Land and

Natural Resources (DLNR), and DLNR

makes annual inspections of the work in

the reserve areas. See Haw. Rev. Stat.

Secs. 195–1–195–11, and Hawaii

Administrative Rules Sec.13–210.

The management program within the

preserve is 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 preserve

(TNCH 1997, 1998, 1999). These

management measures address the

factors which led to the listing of this

species including control of non-native

species of ungulates, rodents, and

weeds; and fire control. In addition,

habitat restoration and monitoring are

also included in these plans.

The primary goals within Kanepuu

Preserve are to: (1) Control non-native

species; (2) suppress wildfires; and (3)

restore the integrity of the dryland forest

ecosystem through monitoring and

research. Specific management actions

to address feral ungulates include the

replacement of fences around some of

the management units with Benzinalcoated wire fences; staff hunting and

implementation of a volunteer hunting

program with the DLNR. Additionally, a

small mammal control program has

been established to prevent small

mammals from damaging rare native

species and limit their impact on the

preserve’s overall native biota.

To prevent further displacement of

native vegetation by non-native plants,

a non-native plant control plan has been

developed, which includes monitoring

of previously treated areas, and the

control of non-native plants in

management units with restoration

projects.

The fire control program focuses on

suppression and pre-suppression.

Suppression activities consist of

coordination with State and county firefighting agencies to develop a Wildfire

Management Plan for the preserve

(TNCH 1998). Pre-suppression activities

include mowing inside and outside of

the fence line to minimize fuels.

A restoration, research and

monitoring program has been developed

at Kanepuu to create a naturally

regenerating Nestegis sandwicensisDiospyros sandwicensis dryland forest,

and expand the current range of nativedominated vegetation. Several years of

casual observation indicate that

substantial natural regeneration is

occurring within native forest patches in

the deer-free units (TNCH 1999). A draft

of the Kanepuu Restoration Plan was

completed in June 1999. This plan

identifies sites for rare plant outplanting

and other restoration activities.

Monitoring is an important component

to measure the success or failure rate of

the animal and weed control programs.

Management of these non-native species

control programs is continually

amended to preserve the ecological

integrity of the preserve.

Because this plant and its habitat

within the preserve are protected and

managed, this area is not in need of

special management considerations or

protection. Therefore, we have

determined that the private land within

Kanepuu Preserve does not meet the

definition of critical habitat in the Act,

and we are not proposing to designate

this land as critical habitat. Should the

status of this reserve change, for

example, by non-renewal of the

partnership agreement or termination of

NAP funding, we will reconsider

whether it meets the definition of

critical habitat, and if so, we may

propose to amend critical habitat to

include the reserve at that time (50 CFR

424.12(g)).

We believe that Kanepuu Preserve is

the only potential critical habitat area

on Lanai at this time that does 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

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82103

lands within the proposed designations

are actively managed to promote the

conservation and recovery of the 18

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, we

can consider this information when

making a final determination of critical

habitat. 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 these 18 plant species

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, all under private

ownership, are shown in Table 5.

Proposed critical habitat includes

habitat for these 18 species

predominantly on the eastern side of

Lanai in the Lanaihale area. Lands

proposed as critical habitat have been

divided into 11 units. A brief

description of each unit is presented

below.

Descriptions of Critical Habitat Units

Lanai A

The proposed unit Lanai A provides

critical habitat for eleven species:

Clermontia oblongifolia ssp. mauiensis,

Cyanea grimesiana ssp. grimesiana,

Cyanea macrostegi ssp. gibsonii,

Cyrtandra munroi, Ctenitis squamigera,

Gahnia lanaiensis, Hedyotis mannii,

Hedyotis schlechtendahliana var. remyi,

Labordia tinifolia var. lanaiensis,

Melicope munroi, and Viola lanaiensis.

This unit contains a total of 1,060 ha

(2,619 ac). The land contained within

this unit is owned solely by a private

owner. The natural features found in

this unit are portions of Hulopoe Gulch,

Kaiholena Gulch, Puu Kilea, Hookio

Gulch, Waialala Gulch, Kunoa Gulch,

Puu None, Puu Alii, Puu Aalii, Hauola

Gulch, Lanaihale, Puu Kole,

Haalelepaakai, Waiakaiole Gulch,

Puhielelu Ridge, Paliakoae Gulch,

Waiapaa Gulch, Kapano Gulch, Kehewai

Ridge, and Kahinahina Ridge. This unit

is bound on the southwest by Kaluanui

and Hii Flats.

TABLE 5.—APPROXIMATE PROPOSED CRITICAL HABITAT AREA BY UNIT, LANAI, MAUI COUNTY, HAWAII

Unit name State Private Federal Total

Lanai A ............................................................ N/A ......... 1,060 ha (2,619 ac) ......................................... N/A ......... 1,060 ha (2,619 ac)

Lanai B ............................................................ N/A ......... 115 ha (284 ac) ............................................... N/A ......... 115 ha (284 ac)

Lanai C ............................................................ N/A ......... 115 ha (284 ac) ............................................... N/A ......... 115 ha (284 ac)

Lanai D ............................................................ N/A ......... 115 ha (284 ac) ............................................... N/A ......... 115 ha (284 ac)

Lanai E ............................................................ N/A ......... 115 ha (284 ac) ............................................... N/A ......... 115 ha (284 ac)

Lanai F ............................................................. N/A ......... 157 ha (389 ac) ............................................... N/A ......... 157 ha (389 ac)

Lanai G ............................................................ N/A ......... 1 ha (2 ac) ....................................................... N/A ......... 1 ha (2 ac)

Lanai H ............................................................ N/A ......... 115 ha (285 ac) ............................................... N/A ......... 115 ha (285 ac)

Lanai I .............................................................. N/A ......... 117 ha (289 ac) ............................................... N/A ......... 117 ha (289 ac)

Lanai J ............................................................. N/A ......... 43 ha (106 ac) ................................................. N/A ......... 43 ha (106 ac)

Total .......................................................... N/A ......... 1,953 ha (4,826 ac) ......................................... N/A ......... 1,953 ha (4,826 ac)

Lanai B

The proposed unit Lanai B provides

critical habitat for one species:

Spermolepis hawaiiensis. This unit

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

land contained within this unit is

owned solely by a private owner. The

natural features found in this unit are

small portions of Kawaiu and Kapoho

Gulches.

Lanai C

The proposed unit Lanai C provides

critical habitat for one species:

Tetramolopium remyi. This unit

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

land contained within this unit is

owned solely by a private owner. The

natural features found in this unit are

Mauna o Umi, Kaokai and portions of

Awehi Gulch.

Lanai D

The proposed unit Lanai D provides

critical habitat for one species: Bonamia

menziesii. This unit contains a total of

115 ha (284 ac). The land contained

within this unit is owned solely by a

private owner. The natural feature

found in this unit is a portion of

Puhielelu Ridge.

Lanai E

The proposed unit Lanai E provides

critical habitat for one species: Abutilon

eremitopetalum. This unit contains a

total of 115 ha (284 ac). The land

contained within this unit is owned

solely by a private owner. The natural

features found in this unit are portions

of Kehowai Ridge and Kahea Gulch.

Lanai F

The proposed unit Lanai F provides

critical habitat for two species:

Centaurium sebaeoides and Hibiscus

brackenridgei. This unit contains a total

of 157 ha (389 ac). The land contained

within this unit is owned solely by a

private owner. The natural features

found in this unit are portions of

Hinuhinu Pali, Naio Gulch, and

Maunalei Gulch.

Lanai G

The proposed unit Lanai G provides

critical habitat for one species:

Portulaca sclerocarpa. This unit

contains a total of 1 ha (2 ac). The land

contained within this unit is owned

solely by a private owner. This unit is

Poopoo Islet.

82104 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Lanai H

The proposed unit Lanai H provides

critical habitat for one species:

Tetramolopium remyi. This unit

contains a total of 115 ha (285 ac). The

land contained within this unit is

owned solely by a private owner.

Lanai I

The proposed unit Lanai I provides

critical habitat for one species:

Spermolepis hawaiiensis. This unit

contains a total of 117 ha (289 ac). The

land contained within this unit is

owned solely by a private owner. The

natural features found in this unit are

portions of Kaonaohiokala Ridge, Kaa

Gulch, Kamiki Ridge, and Palea Ridge.

Lanai J

The proposed unit Lanai J provides

critical habitat for one species: Hibiscus

brackenridgei. This unit contains a total

of 43 ha (106 ac). The land contained

within this unit is owned solely by a

private owner. The natural feature

found in this unit is Kaena Point.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a) of the Act requires

Federal agencies, including the Service,

to ensure that actions they fund,

authorize, or carry out do not destroy or

adversely modify critical habitat to the

extent that the action appreciably

diminishes the value of the critical

habitat for the survival and recovery of

the species. When multiple units of

critical habitat are designated, each unit

may serve as the basis of a jeopardy

analysis if protection or different facets

of the species’ life cycle or its

distribution are essential to the species

as a whole for both its survival and

recovery. 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.

Under section 7(a) of the Act, Federal

agencies to evaluate their actions with

respect to any species that is proposed

or listed as endangered or threatened

and with respect to its critical habitat,

if any is designated or proposed.

Regulations implementing this

interagency cooperation provision of the

Act are codified at 50 CFR Part 402.

Section 7(a)(4) and regulations at 50

CFR 402.10 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 a biological

opinion that is prepared according to 50

CFR 402.14, as if critical habitat were

designated. We may adopt the formal

conference report as a biological

opinion if 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)).

If a species is listed or critical habitat

is designated, section 7(a)(2) requires

Federal agencies to ensure that activities

they authorize, fund, or carry out are not

likely to jeopardize the continued

existence of such a species or to destroy

or adversely modify its critical habitat.

If a Federal action may affect a listed

species or its critical habitat, the

responsible Federal agency must enter

into consultation with us. Through this

consultation, we would advise the

agencies whether the permitted actions

would likely jeopardize the continued

existence of the species or adversely

modify critical habitat.

When we issue a biological opinion

concluding that a project is likely to

result in the destruction or adverse

modification of critical habitat, we also

provide reasonable and prudent

alternatives to the project, if any are

identifiable. Reasonable and prudent

alternatives are defined at 50 CFR

402.02 as alternative actions identified

during consultation that can be

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 the

likelihood of jeopardizing the continued

existence of listed species or resulting in

the destruction or adverse modification

of critical habitat. Reasonable and

prudent alternatives can vary from

slight project modifications to extensive

redesign or relocation of the project.

Costs associated with implementing a

reasonable and prudent alternative are

similarly variable.

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

over the action or such discretionary

involvement or control has been

retained or is authorized by law.

Consequently, some Federal agencies

may request reinitiation of consultation

or conferencing with us on actions for

which formal consultation has been

completed, if those actions may affect

designated critical habitat or adversely

modify or destroy proposed critical

habitat.

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 destroy or adversely modify such

habitat or that may be affected by such

designation. Activities that may destroy

or adversely modify critical habitat

would be 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

18 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) 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.

(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.

To properly portray the effects of

critical habitat designation, we must

first compare the section 7 requirements

for actions that may affect critical

habitat with the requirements for

actions that may affect a listed species.

Section 7 prohibits actions funded,

authorized, or carried out by Federal

agencies from jeopardizing the

continued existence of a listed species

or destroying or adversely modifying the

listed species’ critical habitat. Actions

likely to ‘‘jeopardize the continued

existence’’ of a species are those that

would appreciably reduce the

likelihood of the species’ survival and

recovery. Actions likely to ‘‘destroy or

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82105

adversely modify’’ critical habitat are

those that would appreciably reduce the

value of critical habitat for the survival

and recovery of the listed species.

Common to both definitions is an

appreciable detrimental effect on both

survival and recovery of a listed species.

Given the similarity of these definitions,

actions likely to destroy or adversely

modify critical habitat would almost

always result in jeopardy to the species

concerned, particularly when the area of

the proposed action is occupied by the

species concerned. In those cases, the

ramifications of its designation are few

or none. Designation of critical habitat

in areas occupied by any of these plants

is not likely to result in a regulatory

burden above that already in place due

to the presence of the listed species.

When critical habitat is designated in

unoccupied areas, there can be an

increase in regulatory requirements on

Federal agencies. If occupied habitat

becomes unoccupied in the future, there

is a potential benefit to critical habitat

in such areas.

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 (Corps) under

section 404 of the Clean Water Act;

(2) Development requiring permits

from Federal agencies such as Housing

and Urban Development;

(3) Regulation of federally funded

silviculture and forestry projects, and

research by the U.S. Department of

Agriculture (Forest Service);

(4) Regulation of airport improvement

activities by the Federal Aviation

Administration (FAA) jurisdiction;

(5) Road construction and

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

Department of Transporation (DOT);

(6) Military training or similar

activities of the U.S. Department of

Defense (DOD);

(7) 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;

(8) Regulation of activities affecting

point source pollution discharges into

waters of the United States by the

Environmental Protection Agency (EPA)

under section 402 of the Clean Water

Act.;

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

Emergency Management Agency

(FEMA);

(10) Installation and maintenance of

U.S. Coast Guard navigational aids;

(11) Construction of communication

sites licensed by the Federal

Communications Commission (FCC);

and,

(12) Activities not mentioned above

funded or authorized by the U.S.

Department of Agriculture (Forest

Service, Natural Resources Conservation

Service), DOD, DOT, 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, 911 N.E. 11th

Avenue, Portland, Oregon 97232

(telephone 503/231–2063; facsimile

503/231–6243).

Economic Analysis

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

to designate critical habitat on the basis

of the best scientific and commercial

information available and to consider

the economic and other relevant

impacts of designating a particular area

as critical habitat. We may exclude areas

from critical habitat upon a

determination that the benefits of such

exclusions outweigh the benefits of

specifying such areas as critical habitat.

We cannot exclude such areas from

critical habitat when such exclusion

will result in the extinction of the

species. We will conduct an analysis of

the economic impacts of designating

these areas as critical habitat prior to a

final determination. When completed,

we will announce its availability with a

notice in the Federal Register, and we

will reopen the comment period for 30

days at that time.

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 proposed rule we do not

propose to designate critical habitat on

the private land within Kanepuu

Preserve because this area is

permanently dedicated to conservation

and is managed for the benefit of the

federally protected plant species found

there. We believe that this area is not in

need of special management

considerations or protection and,

therefore, does not meet the definition

of critical habitat in the Act. We are,

however, specifically soliciting

comments on the appropriateness of this

approach.

We 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 would

generally consider the following:

(1) Whether or not a management plan

or agreement exists which specifies the

management actions being

implemented, or if implemented, the

schedule for implementation;

(2) Whether there are responsible

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

other resources necessary to implement

the actions, with a high level of

assurance that the funding will be

provided; and

(3) The authority and long-term

commitment of the party(ies) to the

agreement or plan to implement the

management actions, 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 would

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 private

landowner on the island of Lanai 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

82106 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

species on the island of Lanai. 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

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 any habitat

should or should not be determined to

be critical habitat as provided by section

4 of the Act including whether the

benefits of designation would outweigh

the benefits of exclusion;

(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

Abutilon eremitopetalum, Bonamia

menziesii, Centaurium sebaeoides,

Clermontia oblongifolia ssp. mauiensis,

Ctenitis squamigera, Cyanea grimesiana

ssp. grimesiana, Cyanea macrostegia

ssp. gibsonii, Cyrtandra munroi, Gahnia

lanaiensis, Hedyotis mannii, Hedyotis

schlechtendahliana var. remyi, Hibiscus

brackenridgei, Labordia tinifolia var.

lanaiensis, Melicope munroi, Portulaca

sclerocarpa, Spermolepis hawaiiensis,

Tetramolopium remyi, Vigna owahuensis, and Viola lanaiensis, and

their habitat; and what habitat is

essential to the conservation of these

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 foreseeable 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 values

associated with designating critical

habitat for the above 18 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).

Our practice is to make comments

available for public review during

regular business hours, including names

and home addresses of respondents.

Individual respondents may request that

we withhold their home address from

the rulemaking record, which we will

honor to the extent allowable by law. In

some circumstances, we would

withhold from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish for us to withhold your

name and/or address, you must state

this prominently at the beginning of

your comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, 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, is available for public

inspection in their entirety.

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

information 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

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 is required.

These 18 plants were listed as

endangered species between the years

1991 and 1999. The areas proposed for

critical habitat are currently occupied

by one or more of these species. Under

the Act, critical habitat may not be

adversely modified by a Federal agency

action; critical habitat does not impose

any restrictions on non-Federal persons

unless they are conducting activities

funded or otherwise sponsored,

authorized, or permitted by a Federal

agency (see Table 6 below). Section 7

requires Federal agencies to ensure that

they do not jeopardize the continued

existence of the species. Based upon our

experience with the species and its

needs, we conclude that any Federal

action or authorized action that could

potentially cause an adverse

modification of the proposed critical

habitat would currently be considered

as ‘‘jeopardy’’ under the Act.

Accordingly, the designation of

currently occupied areas as critical

habitat does not have any additional

incremental impacts on what actions

may or may not be conducted by

Federal agencies or non-Federal persons

that receive Federal authorization or

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82107

funding. Non-Federal persons that do

not have a Federal ‘‘sponsorship’’ of

their actions are not restricted by the

designation of critical habitat (however,

they continue to be bound by the

provisions of the Act concerning ‘‘take’’

of the species).

(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 these 18 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.

(d) This rule will not raise novel legal

or policy issues. The proposed rule

follows the requirements for

determining critical habitat contained in

the Act.

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

601 et seq.)

In the economic analysis (under

section 4 of the Act), 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 privately owned 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 Corps

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) Regulation federally funded

silviculture and forestry projects, and

research by the U.S. Department of

Agriculture (Forest Service);

(4) Regulation of airport improvement

activities by the FAA jurisdiction;

(5) Road construction and

maintenance by, or funded by, the DOT;

(6) Military training or similar

activities of the DOD;

(7) 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;

(8) Regulation of activities affecting

point source pollution discharges into

waters of the United States by the EPA

under section 402 of the Clean Water

Act;

(9) Hazard mitigation and postdisaster repairs funded by the FEMA;

(10) Installation and maintenance of

U.S. Coast Guard navigational aids;

(11) Construction of communication

sites licensed by the FCC; and,

(12) Activities not mentioned above

funded or authorized by the U.S.

Department of Agriculture (Forest

Service, Natural Resources Conservation

Service), DOD, DOT, 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 sponsored 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 above, these

actions are currently required to comply

with the listing protections of the Act,

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

(such as funding or authorization), the

current restrictions concerning take of

the species remain in effect, and this

rule would impose no additional

restrictions.

3. 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.

TABLE 6.—IMPACTS OF CRITICAL HABITAT DESIGNATION FOR 19 PLANTS FROM LANAI

Categories of activities Activities potentially affected by species listing only

Additional activities potentially affected by critical habitat designation1

Federal Activities Potentially Affected 2.Activities 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

habitat areas.

82108 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

TABLE 6.—IMPACTS OF CRITICAL HABITAT DESIGNATION FOR 19 PLANTS FROM LANAI—Continued

Categories of activities Activities potentially affected by species listing only

Additional activities potentially affected by critical habitat designation1

Private or other non-Federal Activities Potentially Affected 3.Activities 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 decrease 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.

4. 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.

5. 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 above,

these actions are currently subject to

equivalent restrictions through the

listing protections of the species, and no

further restrictions are anticipated to

result from critical habitat designation

of occupied areas.

(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.

6. 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 these 18 plant

species. Due to current public

knowledge of the species protection, the

existing Section 9 prohibitions both

within and outside of the designated

areas, and the fact that critical habitat

provides no incremental restrictions in

areas of occupied critical habitat, we do

not anticipate that property values will

be affected by the critical habitat

designations. Additionally, critical

habitat designation does not preclude

development of habitat conservation

plans and issuance of incidental take

permits. The landowner in areas that are

included in the designated critical

habitat will continue to have

opportunity to utilize the property in

ways consistent with State law and with

the continued survival of the plant

species.

7. 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 18

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.

8. 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 propose to

designate critical habitat in accordance

with the provisions of the 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 18 plant species.

9. Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

This rule does not contain any

information collection requirements that

requires OMB approval under the

Paperwork Reduction Act.

10. 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. We published a notice

outlining our reason for this

determination in the Federal Register

on October 25, 1983 (48 FR 49244).

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 of the Pacific Islands

Field Office (see ADDRESSES section).

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82109

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

Abutilon eremitopetalum, Bonamia

menziesii, Centaurium sebaeoides,

Clermontia oblongifolia ssp. mauiensis,

Cyanea grimesiana ssp. grimesiana,

Cyanea macrostegia ssp. gibsonii,

Cyrtandra munroi, Gahnia lanaiensis,

Hedyotis mannii, Hedyotis

schlechtendahliana var. remyi, Hibiscus

brackenridgei, Labordia tinifolia var.

lanaiensis, Melicope munroi, Portulaca

sclerocarpa, Spermolepis hawaiiensis,

Tetramolopium remyi, and Viola

lanaiensis under ‘‘FLOWERING

PLANTS’’ and Ctentitis squamigera

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

*******

Abutilon

eremitopetalum.

none ........................ U.S.A. (HI) .............. Malvaceae-Mallow .. E 435 17.96(a) NA.

*******

Bonamia menziesii .. none ........................ U.S.A. (HI) .............. Convolvulaceae

Morning glory.

E 559 17.96(a) NA.

*******

Centaurium

sebaeoides.

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

*******

Clermontia

oblongifoli

ssp.mauiensis.

Oha wai .................. U.S.A. (HI) .............. CampanulaceaeBell flower.E 467 17.96(a) NA.

*******

Cyanea grimesiana

ssp. grimesiana.

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

*******

Cyanea macrostegia

ssp. gibsonii.

none ........................ U.S.A. (HI) .............. CampanulaceaeBell flower.E 592 17.96(a) NA.

*******

Cyrtandra munroi ..... Haiwale ................... U.S.A. (HI) .............. Gesneriaceae-African violet.E 467 17.96(a) NA.

*******

Gahnia lanaiensis .... none ........................ U.S.A. (HI) .............. Cyperaceae-Sedge E 435 17.96(a) NA.

*******

Hedyotis mannii ....... Pilo .......................... U.S.A. (HI) .............. Rubiaceae-Coffee ... E 480 17.96(a) NA.

*******

Hedyotis

sclechtendahliana

var. remyi.

Kopa ....................... U.S.A. (HI) .............. Rubiaceae-Coffee ... E 441 17.96(a) NA.

*******

Hibiscus

brackenridgei.

Mao hau hele ......... U.S.A. (HI) .............. Malvaceae-Mallow .. E 559 17.96(a) NA.

*******

Labordia tinifolia,

var. lanaiensis.

Kamakahala ............ U.S.A. (HI) .............. Mallow

LoganiaceaeLogania.

E 666 17.96(a) NA.

*******

Melicope munroi ...... Alani ........................ U.S.A. (HI) .............. Rutaceae-Rue ........ E 666 17.96(a) NA.

82110 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

*******

Portulaca

sclerocarpa.

Poe ......................... U.S.A. (HI) .............. PortulacaceaePurslane.E 432 17.96(a) NA.

*******

Spermolepis

hawaiiensis.

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

*******

Tetramaloplium

remyi.

none ........................ U.S.A. (HI) .............. Asteraceae-Sunflower.E 435 17.96(a) NA.

*******

Viola lanaiensis ........ none ........................ U.S.A. (HI) .............. Violaceae-Violet ...... E 435 17.96(a) NA.

*******

FERNS AND ALLIES

*******

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

*******

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)(E), 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.

* * * * *

(E) Lanai. Critical habitat units 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 10 critical

habitat units designated on the island of

Lanai.

Note: Map follows:

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82111

82112 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Critical Habitat Unit Lanai A: Area

consists of the following twelve

boundary points: 719712, 2305252;

720416, 2305409; 721551, 2303960;

723117, 2303521; 723365, 2302096;

722463, 2301441; 721071, 2302054;

720184, 2302791; 719869, 2303462;

718237, 2303992; 718088, 2305384;

718717, 2305682.

Note: Map follows:

Critical Habitat Unit Lanai B: Area

consists of the following eight boundary

points: 723212, 2299127; 723720,

2299036; 723981, 2298623; 723882,

2298115; 723454, 2297882; 722989,

2297982; 722723, 2298390; 722832,

2298832.

Note: Map follows:

Critical Habitat Unit Lanai C: Area

consists of the following eight boundary

points: 725639, 2301587; 726128,

2301511; 726413, 2301098; 726299,

2300566; 725829, 2300338; 725373,

2300490; 725173, 2300870; 725244,

2301307.

Note: Map follows:

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82113

Critical Habitat Unit Lanai D: Area

consists of the following eight boundary

points: 724717, 2303155; 725040,

2302784; 724993, 2302257; 724598,

2301967; 724109, 2302029; 723848,

2302366; 723843, 2302827; 724204,

2303174.

Note: Map follows:

Critical Habitat Unit Lanai E: Area

consists of the following eight boundary

points: 724403, 2304342; 724854,

2304442; 725277, 2304171; 725353,

2303672; 725078, 2303269; 724560,

2303207; 724171, 2303501; 724128,

2303962.

Note: Map follows:

Critical Habitat Unit Lanai F: Area

consists of the following eight boundary

points: 718729, 2311275; 719495,

2310727; 719528, 2310199; 719189,

2309838; 718726, 2309815; 718081,

2310313; 718003, 2310809; 718302,

2311135.

Note: Map follows:

82114 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

Critical Habitat Unit Lanai G: Area

consists of the entire islet, located at

UTM coordinate 716393, 2294193.

Note: Map follows:

Critical Habitat Unit Lanai H: Area

consists of the following eight boundary

points: 708156, 2313789; 708625,

2313719; 708926, 2313485; 708965,

2313031; 708746, 2312649; 708254,

2312543; 707808, 2312824; 707750,

2313391.

Note: Map follows:

Critical Habitat Unit Lanai I: Area

consists of the following eight boundary

points: 724128, 2305536; 723819,

2305150; 723361, 2305089; 722997,

2305298; 722875, 2305767; 723096,

2306231; 723681, 2306330; 724062,

2306010.

Note: Map follows:

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82115

Critical Habitat Unit Lanai J: Area

consists of the following eight points

and the intermediate coastline: 702559,

2313776; 702658, 2313650; 702688,

2313348; 702566, 2313030; 702299,

2312864; 702063, 2312826; 701890,

2312877; 701888, 2312878.

Note: Map follows:

TABLE (A)(1)(I)(E)—PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR LANAI

Unit name Species

Lanai A ..................................................................................................... Clermontia oblongifolia ssp. mauiensis, Cyanea grimesiana ssp.

grimesiana, Cyanea macrostegia ssp. gibsonii, Cyrtandra munroi,

Ctenitis squamigera, Gahnia lanaiensis, Hedyotis mannii, Hedyotis

schlechtendahliana var. remyi, Labordia tinifolia var. lanaiensis,

Melicope munroi, and Viola lanaiensis.

Lanai B ..................................................................................................... Spermolepis hawaiiensis.

Lanai C ..................................................................................................... Teramolopium remyi.

Lanai D ..................................................................................................... Bonamia menziesii.

Lanai E ..................................................................................................... Abutilon eremitopetalum.

Lanai F ...................................................................................................... Centaurium sebaeoides and Hibiscus brackenridgei.

Lanai G ..................................................................................................... Portulaca sclerocarpa.

Lanai H ..................................................................................................... Teramolopium remyi.

Lanai I ....................................................................................................... Spermolepis hawaiiensis.

Lanai J ...................................................................................................... Hibiscus brackenridgei.

(ii) Hawaiian plants—Constituent

elements.

(A) Flowering plants.

Family Apiaceae: Peucedanum

sandwicense (makou)

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

82116 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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).

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. Critical habitat on Lanai includes

the Lanai units B, I, and J which are

identified in the legal description in

paragraph (a)(1)(i)(E) of this section.

Within these units the primary

constituent elements are the rocky,

steep slopes containing ledges and

pockets with one or more of the

following associated native plant

species: Dodonea viscosa, Panicum

spp., Heteropogon contortus, Lipochaeta

lavarum, or Reyoldsia sandwicensis;

and elevations between 335 and 395 m

(1,100 and 1,300 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).

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

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).

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82117

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 polymorpha—

Diospyros 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

(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

remyi (No Common Name)

Critical habitat includes the Lanai

units C and H which are identified in

paragraph (a)(1)(i)(E) of this section.

Within these units the primary

constituent elements are red sandy loam

soil in dry Dodonea viscosaHeteropogon contortus communities

and including one or more of the

following associated native plant

species: Bidens mauiensis, Waltheria

indica, Wikstroemia oahuensis, or

Lipochaeta lavarum; and an elevation of

about 230 m (755 ft).

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: Clermontia

oblongifolia ssp. mauiensis (oha wai)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the ridges in Metrosideros

polymorpha dominated montane wet

forest, and containing one or more of the

following associated native plant

species: Coprosma sp., Clermontia sp.,

Hedyotis sp., or Melicope sp.; and

elevations between 800 and 900 m

(2,625 and 2,950 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

82118 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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

grimesiana ssp. grimesiana (haha)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the rocky or steep slopes of stream

banks in mesic Metrosideros

polymorpha forest or Metrosideros

polymorpha—Acacia koa forest, and

containing one or more of the following

associated native plant species:

Antidesma sp., Bobea sp., Myrsine sp.,

Nestegis sandwicensis, Psychotria sp.,

or Xylosma sp.; and elevations between

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

Family Campanulaceae: Cyanea

macrostegia ssp. gibsonii (No Common

Name)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the lower gulch slopes, gulch

bottoms, and streambanks in lowland

wet Metrosideros polymorpha forest or

Diplopterygium pinnatum-Metrosideros

polymorpha shrubland, and containing

one or more of the following associated

native plant species: Dicranopteris

linearis, Perrottetia sandwicensis,

Scaevola chamissoniana, Pipturus sp.,

Antidesma sp., Freycinetia arborea,

Psychotria sp., Cyrtandra sp.,

Broussaisia arguta, Cheirodendron sp.,

Clermontia sp., Dubautia sp., Hedyotis,

Ilex anomala, Labordia sp., Melicope

sp., Pneumatopteris sp., or Sadleria sp.;

and elevations between 760 and 970 m

(2,490 and 3,180 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

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

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82119

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

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

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

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).

82120 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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 Convolvulaceae: Bonamia

menziesii (No Common Name)

i. 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).

ii. Critical habitat on Lanai includes

the Lanai unit D which is identified in

paragraph (a)(1)(i)(E) of this section.

Within this unit the primary constituent

elements are the dry Nestegis

sandwicensis-Diospyros sp. forest or dry

Dodonea viscosa shrubland containing

one or more of the following associated

native plant species: Bobea sp.,

Nesoluma polynesicum, Erythrina

sandwicensis, Rauvolfia sandwicensis,

Metrosideros polymorpha, Canthium

odoratum, Dianella sandwicensis,

Diospyros sandwicensis, Hedyotis

terminalis, Melicope anisata, Melicope

barbigera, Myoporum sandwicense,

Pisonia sp., Pittosporum sp., Pouteria

sandwicensis, or Sapindus oahuensis;

and elevations between 150 and 853 m

(490 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: Gahnia lanaiensis

(No Common Name)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the flat to gentle ridgecrest

topography in lowland wet forest

(shrubby rainforest to open scrubby fog

belt or degraded lowland mesic forest),

wet Diplopterygium pinnatumDicranopteris linearis-Metrosideros

polymorpha shrubland or wet

Metrosideros polymorpha-Dicranopteris

linearis shrubland, and containing one

or more of the following associated

native plant species: Doodia sp.,

Odontosoria chinensis, Ilex anomala,

Hedyotis terminalis, Sadleria sp.,

Coprosma sp., Lycopodium sp.,

Scaevola sp., or Styphelia tameiameiae;

and elevations between 915 and 1,030 m

(3,000 and 3,380 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: Sesbania tomentosa

(‘ohai)

Kauai J, identified in the legal

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

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82121

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).

Family Fabaceae: Vigna o-wahuensis

(No common name)

The currently known primary

constituent elements of critical habitat

for Vigna o-wahuensis on Lanai are

unknown.

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

Diplazium sandwichianum; and (2)

elevations between 975 to 1,065 m

(3,200 to 3,4900 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. Critical habitat on Lanai includes

the Lanai unit F which is identified in

paragraph (a)(1)(i)(E) of this section.

Within this unit the primary constituent

elements are the dry ledges which may

or may not contain Hibiscus

brackenridgei; and an elevation around

210 m (690 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 Gesneriaceae: Cyrtandra munroi

(ha iwale)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are rich, moist to wet, moderately steep

talus slopes in diverse mesic forest, wet

Metrosideros polymorpha forest, or

mixed mesic Metrosideros polymorpha

forest, and containing one or more of the

following associated native plant

species: Diplopterygium pinnatum,

Diospyros sp., Metrosideros

polymorpha, Hedyotis acuminata,

Clermontia sp., Alyxia oliviformis,

Bobea sp., Coprosma sp., Dicranopteris

linearis, Freycinetia arborea, Melicope

sp., Myrsine sp., Perrottetia

sandwicensis, Pipturus sp., Pittosporum

sp., Pleomele sp., Pouteria

sandwicensis, Psychotria sp., Sadleria

sp., Scaevola sp., Xylosma sp., or other

Cyrtandra sp.; and elevations between

300 and 920 m (980 and 3,020 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

82122 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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

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,

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. lanaiensis (kamakahala)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the lowland mesic forest with one or

more of the following associated native

plants: Dicranopteris linearis or

Scaevola chamissoniana; and elevations

between 710 and 1,020 m (2,330 and

3,345 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 Malvaceae: Abutilon

eremitopetalum (No Common Name)

Critical habitat includes the Lanai

unit E which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the moderately steep north-facing

slopes with red sandy soil and rock in

lowland dry Erythrina sandwicensisDiospyros ferrea forest and containing

one or more of the following native

plant taxa: Canthium odoratum,

Dodonaea viscosa, Nesoluma

polynesicum, Rauvolfia sandwicensis,

Sida fallax, or Wikstroemia sp.; and

elevations between 210 and 520 m (690

and 1,700 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 915 m (3,000 ft).

Family Malvaceae: Hibiscus

brackenridgei (mao hau hele)

Critical habitat includes the Lanai

units F and J which are identified in

paragraph (a)(1)(i)(E) of this section.

Within this unit the primary constituent

elements are the lowland dry to mesic

forest and shrubland containing one or

more of the following associated native

plant species: Dodonea viscosa,

Canthium odoratum, Eurya

sandwicensis, Isachne distichophylla, or

Sida fallax; and elevations between sea

level and 800 m (2,625 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

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82123

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 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: 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 Portulacaceae: Portulaca

sclerocarpa (po e)

Critical habitat includes the Lanai

unit G which is identified in paragraph

82124 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the exposed ledges with thin soil in

coastal communities.

Family Primulaceae: Lysimachia filifolia

(No Common Name)

Kauai T, identified in the legal

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

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 mannii

(pilo)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the dark, narrow, rocky gulch walls

or steep stream banks in wet forests, and

containing one or more of the following

associated native plant species: Sadleria

sp., Selaginella sp., Broussaisia arguta,

Labordia sp., Cyrtandra sp., Scaevola

sp., Freycinetia arborea, Blechnum

occidentale, Pipturis sp., Carex meyenii,

Pneumatopteris sandwicensis, Cibotium

sp., Cyanea sp., or Psychotria sp.; and

elevations between 150 and 1,050 m

(490 and 3,450 ft).

Family Rubiaceae: Hedyotis

schlechtendahliana var. remyi (kopa)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the ridge crests in mesic windswept

shrubland, and containing one or more

of the following associated native plant

species: Metrosideros polymorpha,

Dicranopteris linearis, Styphelia

tameiameiae, Dodonaea viscosa,

Odontosoria chinensis, Sadleria sp.,

Dubautia sp., or Myrsine sp.; and

elevations between 730 and 900 m

(2,400 to 3,000 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 munroi

(alani)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the slopes in lowland wet

shrublands, and containing one or more

of the following native plant taxa:

Diplopterygium pinnatum,

Dicranopteris linearis, Metrosideros

polymorpha, Cheirodendron trigynum,

Coprosma sp., Broussaisia arguta, other

Melicope sp., or Machaerina

angustifolia; and elevations between

790 to 1,020 m (2,600 to 3,350 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,

Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules 82125

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: Zanthoxylum

hawaiiense (a‘e)

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

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).

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)

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).

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 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

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,

82126 Federal Register / Vol. 65, No. 249 / Wednesday, December 27, 2000 / Proposed Rules

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).

Family Violaceae: Viola lanaiensis (No

Common Name)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent elements

are the moderate to steep slopes from

lower gulches to ridgetops, with a soil

and decomposed rock substrate in open

to shaded areas in Metrosideros

polymorpha-Dicranopteris linearis

montane mesic forest, lowland wet

forest or lowland mesic shrubland, and

containing one or more of the following

associated native plants: ferns and short

windswept shrubs, Scaevola

chamissoniana, Hedyotis terminalis,

Hedyotis centranthoides, Styphelia sp.,

Carex sp., Ilex sp., Psychotria sp.,

Antidesma sp., Coprosma sp.,

Freycinetia sp., Myrsine sp., Nestegis

sp., Psychotria sp., or Xylosma sp.; and

elevations between 670–975 m (2,200–

3,200 ft).

(B) Ferns and Allies.

Family Aspleniaceae: Ctenitis

squamigera (pauoa)

Critical habitat includes the Lanai

unit A which is identified in paragraph

(a)(1)(i)(E) of this section. Within this

unit the primary constituent element is

the forest understory in diverse mesic

forest or scrubby mixed mesic forest,

and containing one or more of the

following associated native plant

species: Nestegis sandwicensis,

Coprosma sp., Sadleria sp., Selaginella

sp., Carex meyenii, Blechnum

occidentale, Pipturus sp., Melicope sp.,

Pneumatopteris sandwicensis,

Pittosporum sp., Alyxia oliviformis,

Freycinetia arborea, Antidesma sp.,

Cyrtandra sp., Peperomia sp., Myrsine

sp., Psychotria sp., Metrosideros

polymorpha, Syzygium sandwicensis,

Melicope sp., Wikstroemia sp.,

Microlepia sp., Doodia sp., Boehmeria

grandis, Nephrolepis sp., Perrotettia

sandwicensis, or Xylosma sp.; and

elevations between 380 and 917 m

(1,250 and 3,010 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. 00–31080 Filed 12–26–00; 8:45 am]

BILLING CODE 4310–55–P