[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Rules and Regulations]               
[Page 9115-9479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-17]                         
 

[[Page 9115]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Final Designation or 
Nondesignation of Critical Habitat for 95 Plant Species From the 
Islands of Kauai and Niihau, HI; Final Rule


[[Page 9116]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG71

 
Endangered and Threatened Wildlife and Plants; Final Designation 
or Nondesignation of Critical Habitat for 95 Plant Species From the 
Islands of Kauai and Niihau, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat pursuant to the Endangered Species Act of 1973, as 
amended (Act), for 83 of the 95 species known historically from the 
Hawaiian islands of Kauai and Niihau. A total of approximately 21,266 
hectares (ha) (52,549 acres (ac)) of land on the island of Kauai and 
144 ha (357 ac) of land on the island of Niihau fall within the 
boundaries of the 217 critical habitat units designated for the 83 
species. This critical habitat designation requires the Service to 
consult under section 7 of the Act with regard to actions carried out, 
funded, or authorized by a Federal agency. Section 4 of the Act 
requires us to consider economic and other relevant impacts when 
specifying any particular area as critical habitat. This rule also 
determines that designating critical habitat would not be prudent for 
seven species. We solicited data and comments from the public on all 
aspects of the proposed rule, including data on economic and other 
impacts of the designation.

DATES: This rule becomes effective on March 31, 2003.

ADDRESSES: Comments and materials received, as well as supporting 
documentation, used in the preparation of this final rule will be 
available for public inspection, by appointment, during normal business 
hours at U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.

FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific 
Islands Office at the above address (telephone 808/541-3441; facsimile 
808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    In the Lists of Endangered and Threatened Plants (50 CFR 17.12), 
there are 95 plant species that, at the time of listing, were reported 
from the islands of Kauai and/or Niihau (Table 1). Fifty-seven of these 
species are endemic to the islands of Kauai and Niihau, while 38 
species are reported from one or more other islands, as well as Kauai 
and/or Niihau. Each of these species is described in more detail below 
in the section, ``Discussion of Plant Taxa.'' Although we considered 
designating critical habitat on Kauai for each of the 95 plant species, 
for the reasons described below, the final designation includes 
critical habitat for 83 of 95 plant species. Species that also occur on 
other islands may have critical habitat designated on other islands in 
subsequent rulemakings.

                                      Table 1.--Summary of Island Distribution of 95 Species From Kauai and Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Island distribution
                                 -----------------------------------------------------------------------------------------------------------------------
             Species                                                                                                                    N.W. Isles,
                                       Kauai            Oahu           Molokai          Lanai           Maui           Hawaii        Kahoolawe, Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acaena exigua (liliwai).........  H                ..............  ..............  ..............  H               ..............  .....................
Achyranthes mutica (NCN*).......  H                ..............  ..............  ..............  ..............  C               .....................
Adenophorus periens (pendent      C                H               C               R               R               C               .....................
 kihi fern).
Alectryon macrococcus (mahoe)...  C                C               C               ..............  C               ..............  .....................
Alsinidendron lychnoides          C                ..............  ..............  ..............  ..............  ..............  .....................
 (kuawawaenohu).
Alsinidendron viscosum (NCN)....  C                ..............  ..............  ..............  ..............  ..............  .....................
Bonamia menziesii (NCN).........  C                C               H               C               C               C               .....................
Brighamia insignis (olulu)......  C                ..............  ..............  ..............  ..............  ..............  Ni (C)
Centaurium sebaeoides (awiwi)...  C                C               C               C               C               ..............  .....................
Chamaesyce halemanui (NCN)......  C                ..............  ..............  ..............  ..............  ..............  .....................
Ctenitis squamigera (pauoa).....  H                C               C               C               C               H               .....................
Cyanea asarifolia (haha)........  C                ..............  ..............  ..............  ..............  ..............  .....................
Cyanea recta (haha).............  C                ..............  ..............  ..............  ..............  ..............  .....................
Cyanea remyi (haha).............  C                ..............  ..............  ..............  ..............  ..............  .....................
Cyanea undulata (NCN)...........  C                ..............  ..............  ..............  ..............  ..............  .....................
Cyperus trachysanthos (puukaa)..  C                C               H               H               ..............  ..............  Ni (C)
Cyrtandra cyaneoides (mapele)...  C                ..............  ..............  ..............  ..............  ..............  .....................
Cyrtandra limahuliensis           C                ..............  ..............  ..............  ..............  ..............  .....................
 (haiwale).
Delissea rhytidosperma (NCN)....  C                ..............  ..............  ..............  ..............  ..............  .....................
Delissea rivularis (oha)........  C                ..............  ..............  ..............  ..............  ..............  .....................
Delissea undulatra (NCN)........  C                ..............  ..............  ..............  H               C               Ni (H)
Diellia erecta (NCN)............  C                C               C               H               C               C               .....................
Diellia pallida (NCN)...........  C                ..............  ..............  ..............  ..............  ..............  .....................
Diplazium molokaiense (NCN).....  H                H               H               H               C               ..............  .....................
Dubautia latifolia (koholapehu).  C                ..............  ..............  ..............  ..............  ..............  .....................
Dubautia pauciflorula (naenae)..  C                ..............  ..............  ..............  ..............  ..............  .....................
Euphorbia haeleeleana (akoko)...  C                C               ..............  ..............  ..............  ..............  .....................
Exocarpos luteolus (heau).......  C                ..............  ..............  ..............  ..............  ..............  .....................
Flueggea neowawraea (mehamehame)  C                C               H               ..............  C               C               .....................
Gouania meyenii (NCN)...........  C                C               ..............  ..............  ..............  ..............  .....................
Hedyotis cookiana (awiwi).......  C                H               H               ..............  ..............  H               .....................
Hedyotis st.-johnii (Na Pali      C                ..............  ..............  ..............  ..............  ..............  .....................
 beach hedyotis).
Hesperomannia lydgatei (NCN)....  C                ..............  ..............  ..............  ..............  ..............  .....................
Hibiscadelphus woodii (hau        C                ..............  ..............  ..............  ..............  ..............  .....................
 kuahiwi).
Hibiscus brackenridgei (mao hau   H                C               H               C               C               C               Ka (R)
 hele).

[[Page 9117]]


Hibiscus clayi (Clay's hibiscus)  C                ..............  ..............  ..............  ..............  ..............  .....................
Hibiscus waimeae ssp. hannerae    C                ..............  ..............  ..............  ..............  ..............  .....................
 (kokio keokeo).
Ischaemum byrone (Hilo            C                H               C               ..............  C               C               .....................
 ischaemum).
Isodendrion laurifolium (aupaka)  C                C               ..............  ..............  ..............  ..............  .....................
Isodendrion longifolium (aupaka)  C                C               ..............  ..............  ..............  ..............  .....................
Isodendrion pyrifolium (wahine    ...............  H               H               H               H               C               Ni (H)
 noho kula).
Kokia kauaiensis (kokio)........  C                ..............  ..............  ..............  ..............  ..............  .....................
Labordia lydgatei (kamakahala)..  C                ..............  ..............  ..............  ..............  ..............  .....................
Labordia tinifolia var.           C                ..............  ..............  ..............  ..............  ..............  .....................
 wahiawaensis (kamakahala).
Lipochaeta fauriei (nehe).......  C                ..............  ..............  ..............  ..............  ..............  .....................
Lipochaeta micrantha (nehe).....  C                ..............  ..............  ..............  ..............  ..............  .....................
Lipochaeta waimeaensis (nehe)...  C
Lobelia niihauensis.............  C                C               ..............  ..............  ..............  ..............  Ni (H)
Lysimachia filifolia (NCN)......  C                C
Mariscus pennatiformis (NCN)....  H                H               ..............  ..............  C               H               NW (C)
Melicope haupuensis (alani).....  C
Melicope knudsenii (alani)......  C                ..............  ..............  ..............  C
Melicope pallida (alani)........  C                C
Melicope quadrangularis (alani).  H
Munroidendron racemosum (NCN)...  C
Myrsine linearifolia (kolea)....  C
Nothocestrum peltatum (aiea)....  C
Panicum niihauense (lau ehu)....  C                ..............  ..............  ..............  ..............  ..............  Ni (H)
Peucedanum sandwicense (makou)..  C                C               C               ..............  C               ..............
Phlegmariurus mannii (wawaeiole)  H                ..............  ..............  ..............  C               C
Phlegmariurus nutans (wawaeiole)  H                C
Phyllostegia knudsenii (NCN)....  C
Phyllostegia waimeae (NCN)......  C
Phyllostegia wawrana (NCN)......  C
Plantago princeps (laukahi kuaj)  C                C               C               ..............  C               H
Platanthera holochila (NCN).....  C                H               C               ..............  C
Poa mannii (Mann's bluegrass)...  C
Poa sandvicensis (Hawaiian        C
 bluegrass).
Poa siphonoglossa (NCN).........  C
Pritchardia aylmer-robinsonii     ...............  ..............  ..............  ..............  ..............  ..............   Ni (C)
 (wahane).
Pritchardia napaliensis (loulu).  C
Pritchardia viscosa loulu.......  C
Pteralyxia kauaiensis (kaulu)...  C
Remya kauaiensis (NCN)..........  C
Remya montgomeryi (NCN).........  C
Schiedea apokremnos (maolioli)..  C
Schiedea helleri (NCN)..........  C
Schiedea kauaiensis (NCN).......  C
Schiedea membranacea (NCN)......  C
Schiedea nuttallii (NCN)........  C                C               C               ..............  R
Schiedea spergulina var.          C
 leiopoda (NCN).
Schiedea spergulina var.          C
 spergulina (NCN).
Schiedea stellarioides (NCN)....  C
Sesbania tomentosa (ohai).......  C                C               C               H               C               C               Ni (H), Ka (C), NW
                                                                                                                                    Isles (C)
Silene lanceolata (NCN).........  H                C               C               H               ..............  C
Solanum incompletum (popolo ku    H                ..............  H               H               H               C
 mai).
Solanum sandwicense (aiakeakua,   C                H
 popolo).
Spermolepis hawaiiensis (NCN)...  C                C               C               C               C               C
Stenogyne campanulata (NCN).....  C
Vigna o-wahuensis (NCN).........  ...............  H               C               C               C               C               Ni (H), Ka, (C)
Viola helenae (NCN).............  C
Viola kauaiensis var.             C
 wahiawaensis (nani waialeale).
Wilkesia hobdyi (dwarf iliau)...  C
Xylosma crenatum (NCN)..........  C
Zanthoxylum hawaiiense (ae).....  C                ..............  C               H               C               C
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
* NCN--No Common Name


[[Page 9118]]

The Islands of Kauai and Niihau

    Because of its age and relative isolation, Kauai has levels of 
floristic diversity and endemism that are higher than on any other 
island in the Hawaiian archipelago. However, the vegetation on Kauai 
has undergone extreme alterations because of past and present land use. 
Land with rich soils was altered by the early Hawaiians and, more 
recently, converted to agricultural use or pasture. Intentional or 
inadvertent introduction of nonnative plant and animal species has also 
contributed to the reduction of native vegetation on the island of 
Kauai. Native forests are now limited to the upper elevation mesic 
(moist) and wet regions within Kauai's Conservation District. The land 
that supports the habitat essential to the conservation of the 83 plant 
taxa is owned by various private parties, the State of Hawaii 
(including State parks, forest reserves, natural area reserves, and a 
wilderness area), and the Federal government. Most of the taxa included 
in this final rule persist on steep slopes, precipitous cliffs, valley 
headwalls, and other regions where unsuitable topography has prevented 
agricultural development, or where inaccessibility has limited 
encroachment by nonnative plant and animal species (Gagne and Cuddihy 
1999).
    Niihau's relative isolation and severe environmental conditions 
have produced a few endemic species. Unfortunately, human disturbance, 
primarily ungulate ranching, has drastically changed the vegetation and 
hydrological parameters of the island, leaving few of the native 
vegetation communities. Niihau has been privately owned since 1864 and 
access has been, and continues to be, restricted (Department of 
Geography 1998). Therefore, current information on plant locations and 
population status is extremely limited.

Discussion of Plant Taxa

Species Endemic to Kauai and Niihau

Alsinidendron lychnoides (kuawawaenohu)
    Alsinidendron lychnoides, a member of the pink family 
(Caryophyllaceae), is a weakly climbing or sprawling subshrub, woody at 
the base, with a dense covering of fine glandular hairs throughout. 
This short-lived perennial species is distinguished from others in this 
endemic Hawaiian genus by the weakly climbing or sprawling habit, color 
of the sepals (modified leaves), number of flowers per cluster, and 
size of the leaves. It is closely related to A. viscosum, which differs 
primarily by having narrower leaves, fewer capsule valves (fruit 
chambers), and fewer flowers per cluster (Wagner et al. 1999).
    This species has been observed with fruits during February. No 
additional life history information for this species is currently known 
(Service 1998a).
    Historically, Alsinidendron lychnoides was found on the island of 
Kauai on the east rim of Kalalau Valley near Keanapuka, the western and 
southeastern margins of the Alakai Swamp, and southwest of the Swamp 
near Kaholuamano. Currently, there are four occurrences with a total of 
eight individual plants. This species is extant on State-owned land in 
the Alakai Swamp, the MohihiWaialae Trail, Keanapuka and Pihea in the 
Alakai Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona 
Forest Reserve (Geographic Decision Systems International (GDSI) 2000; 
Hawaii Natural Heritage Program (HINHP) Database 2000).
    Alsinidendron lychnoides typically grows on steep riparian clay or 
silty soil banks in montane wet forests dominated by Metrosideros 
polymorpha (ohia) and Cheirodendron spp. (olapa), or by M. polymorpha 
and Dicranopteris linearis (uluhe), at elevations between 828 and 1,344 
meters (m) (2,715 and 4,408 feet (ft)). Associated native plant species 
include Asplenium spp. (no common name (NCN)), Astelia spp. (painiu), 
Broussaisia arguta (kanawao), Carex spp. (NCN), Cyrtandra spp. 
(haiwale), Diplazium sandwichianum (NCN), Elaphoglossum spp. (ekaha), 
Hedyotis terminalis (manono), Machaerina spp. (uki), Peperomia spp. 
(ala ala wai nui), or Vaccinium spp. (ohelo) (61 FR 53070; Ken Wood, 
National Tropical Botanical Garden (NTBG), pers. comm., 2001).
    The major threats to this species are competition from the 
aggressive nonnative plant species Rubus argutus (prickly Florida 
blackberry); habitat degradation by feral pigs (Sus scrofa); trampling 
by humans; risk of extinction from naturally occurring events, such as 
landslides or hurricanes; and reduced reproductive vigor due to the 
small number of extant individuals (61 FR 53070).
Alsinidendron viscosum (no common name (NCN))
    Alsinidendron viscosum, a member of the pink family 
(Caryophyllaceae), is a weakly climbing or sprawling subshrub densely 
covered with fine glandular hairs. This short-lived perennial species 
is distinguished from others in this endemic Hawaiian genus by the 
weakly climbing or sprawling habit, color of the sepals, number of 
flowers per cluster, and size of the leaves. It is closely related to 
A. lychnoides, which differs primarily in having wider leaves and more 
capsule valves and flowers per cluster (Wagner et al. 1999).
    Alsinidendron viscosum has been observed in flower during January, 
February, and April. No additional life history information for this 
species is currently known (Service 1998a).
    Historically, Alsinidendron viscosum was found at Kaholuamano, 
Kokee, Halemanu, Nawaimaka, and Waialae areas of northwestern Kauai. 
Currently, there are a total of seven occurrences containing about 319 
individuals on the island of Kauai. These occurrences are on State-
owned land at the Halemanu-Kokee Trail, Mohihi-Waialae Trail, Kawaiiki 
Valley, Waialae Falls, and Nawaimaka Valley in the Alakai Wilderness 
Preserve, Kokee State Park, and the Na Pali-Kona Forest Reserve (GDSI 
2000; HINHP Database 2000; 61 FR 53070).
    Alsinidendron viscosum is typically found at elevations between 754 
and 1,224 m (2,474 and 4,016 ft), on steep slopes in Acacia koa (koa)-
Metrosideros polymorpha lowland and montane mesic forest. Associated 
native plant species include Alyxia oliviformis (maile), Asplenium 
polyodon (punana manu), Bidens cosmoides (poola nui), Bobea spp. 
(ahakea), Carex meyenii (NCN), Carex wahuensis (NCN), Coprosma spp. 
(pilo), Dianella sandwicensis (ukiuki), Dodonaea viscosa (aalii), 
Doodia kunthiana (ohupuku pulauii), Dryopteris glabra (kilau), 
Dryopteris unidentata (akole), Dryopteris wallichiana (ionui), Dubautia 
laevigata (naenae), Gahnia spp. (NCN), Ilex anomala (aiea), Melicope 
spp. (alani), Panicum nephelophilum (konakona), Pleomele aurea (hala 
pepe), Psychotria spp. (kopiko), Pteridium aquilinum var. decompositum 
(bracken fern), Schiedea stellarioides (laulihilihi), or Vaccinium 
dentatum (ohelo) (K. Wood, pers. comm., 2001).
    The major threats to this species are destruction of habitat by 
feral pigs and goats (Capra hircus); competition with the nonnative 
plant species Lantana camara (lantana), and Melinis minutiflora 
(molasses grass), Rubus argutus; a risk of extinction from naturally 
occurring events, such as landslides or hurricanes; and reduced 
reproductive vigor due to the small number of extant populations and 
individuals (61 FR 53070).
Brighamia insignis (olulu)
    Brighamia insignis, a member of the bellflower family 
(Campanulaceae), is an unbranched plant with a succulent stem that is 
bulbous at the bottom and

[[Page 9119]]

tapers toward the top, ending in a compact rosette of fleshy leaves. 
This short-lived perennial species is a member of a unique endemic 
Hawaiian genus with only one other species, B. rockii (pua ala), 
presently known only on Molokai, from which it differs by the color of 
its petals, its shorter calyx (sepals) lobes, and its longer flower 
stalks (Lammers 1999; 59 FR 9304).
    Current reproduction is not thought to be sufficient to sustain 
populations of this species, with poor seedling establishment due to 
competition with nonnative grasses as the limiting factor. Pollination 
by native sphingid moths (Sphingidae family) is likely; however, 
pollination failure is common, due to either a lack of pollinators or a 
reduction in genetic variability. The flower structure appears to favor 
out-crossing (pollination between different parent plants). Some 
vegetative cloning has been observed and flower and leaf size appear to 
be dependent on moisture availability. Seeds of this species are 
undoubtedly dispersed by gravity. Although they may be blown for short 
distances, they are not adapted for wind dispersal, being ovoid to 
ellipsoid, smooth, and lacking any sort of wing or outgrowth (Service 
1995; 59 FR 9304).
    Historically, Brighamia insignis was known from the headland 
between Hoolulu and Waiahuakua Valleys along the Na Pali Coast on the 
island of Kauai, and from Kaali Spring on the island of Niihau. 
Currently, there are a total of four occurrences containing a total of 
about 42 to 62 individuals on the islands of Kauai and Niihau. It is 
reported on State land (Hono O Na Pali Natural Area Reserve (NAR)) and 
privately owned lands at Hoolulua and Waiahuakua Valleys, Haupu, and 
Keopaweo, and on the privately owned island of Niihau (GDSI 2000; HINHP 
Database 2000; Service 1995; Steve Perlman, NTBG, pers. comm., 2000).
    Brighamia insignis is found at elevations between 0 and 748 m (0 
and 2,453 ft) on rocky ledges with little soil or on steep sea cliffs 
in lowland dry grasslands or shrublands with annual rainfall that is 
usually less than 165 centimeters (cm) (65 inches (in)). Associated 
native plant species include Artemisia australis (ahinahina), 
Chamaesyce celastroides (akoko), Eragrostis variabilis (kawelu), 
Heteropogon contortus (pili grass), Hibiscus kokio (kokio), Hibiscus 
kokio ssp. saintjohnianus (kokio), Lepidium serra (anaunau), Lipochaeta 
succulenta (nehe), Munroidendron racemosum (NCN), or Sida fallax 
(ilima) (59 FR 9304; K. Wood, pers. comm., 2001).
    The major threats to this plant are browsing and habitat 
degradation by feral goats; human disturbance; fire; the introduced 
carmine spider mite (Tetranychus cinnabarinus); a risk of extinction 
from naturally occurring events, such as landslides or hurricanes, due 
to the small number of individuals; restricted distribution; reduced 
reproductive vigor; and competition from nonnative plant species such 
as Ageratum conyzoides (maile hohono), Kalanchoe pinnata (air plant), 
Lantana camara, Melinis minutiflora, Psidium cattleianum (strawberry 
guava), Psidium guajava (guava), Setaria parviflora (yellow foxtail), 
Sporobolus africanus (smutgrass), or Stachytarpheta dichotoma (owi) (59 
FR 9304).
Chamaesyce halemanui (NCN)
    Chamaesyce halemanui, a short-lived perennial member of the spurge 
family (Euphorbiaceae), is a scandent (climbing) shrub. It is 
distinguished from closely related species by its decussate leaves 
(arranged in pairs at right angles to the next pair above or below), 
persistent stipules (bract- or leaf-like structures), more compact 
flower clusters, shorter stems on cyathia (flower cluster), and smaller 
capsules (Koutnik 1987; Koutnik and Huft 1999; 57 FR 20580).
    Little is known about the life history of Chamaesyce halemanui. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Chamaesyce halemanui was found in Kauhao and Makaha 
Valleys in the Na Pali-Kona Forest Reserve, Mahanaloa Valley in Kuia 
NAR, the Halemanu drainage in Kokee State Park, and Olokele Canyon on 
the island of Kauai. Currently, there are a total of nine occurrences, 
containing about 85 to 135 individuals, in Kuia Valley, Poopooiki 
Valley, Kauhao Valley, Kaha Ridge, Awaawapuhi Valley, Waipio Falls, 
Halemanu, and Kaluahaulu in the Kokee State Park, Kuia NAR, and Na 
Pali-Kona Forest Reserve on State-owned land (GDSI 2000; HINHP Database 
2000; K. Wood, in litt. 1999; K. Wood, pers. comm., 2001).
    Chamaesyce halemanui is typically found on the steep slopes of 
gulches in mesic Acacia koa forests at elevations between 556 and 1,249 
m (1,825 and 4,097 ft). Associated native plant species include 
Alphitonia ponderosa (kauila), Antidesma platyphyllum (hame), Asplenium 
spp., Bobea brevipes (ahakea lau lii), Carex meyenii, Carex wahuensis, 
Cheirodendron trigynum (olapa), Coprosma spp., Diospyros sandwicensis 
(lama), Dodonaea viscosa, Elaeocarpus bifidus (kalia), Hedyotis 
terminalis, Kokia kauaiensis (kokio), Leptecophylla tameiameiae 
(pukiawe), Melicope haupuensis (alani), Metrosideros polymorpha, 
Microlepia strigosa (palapalai), Panicum nephelophilum, Pisonia spp. 
(papala kepau), Pittosporum spp. (hoawa), Pleomele aurea, Pouteria 
sandwicensis (alaa), Psychotria greenwelliae (kopiko), Psychotria 
mariniana (kopiko), or Santalum freycinetianum (iliahi) (57 FR 20580; 
K. Wood, pers. comm., 2001).
    The major threats to this species are competition from nonnative 
plants, such as Lantana camara, Psidium cattleianum, and Stenotaphrum 
secundatum (St. Augustine grass); habitat degradation by feral pigs; 
restricted distribution; small population size; increased potential for 
extinction resulting from naturally occurring events, such as 
landslides or hurricanes; and depressed reproductive vigor (57 FR 
20580).
Cyanea asarifolia (haha)
    Cyanea asarifolia, a member of the bellflower family 
(Campanulaceae), is a sparingly branched shrub. This short-lived 
perennial species is distinguished from others of the genus that grow 
on Kauai by the shape of the leaf base, the leaf width in proportion to 
the length, and the presence of a leaf stalk (Lammers 1999; 59 FR 
9304).
    Little is known about the life history of Cyanea asarifolia. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Cyanea asarifolia was known only from along the bank 
of Anahola Stream on Kauai. Currently, two occurrences with 
approximately four or five individuals are reported from the headwaters 
of the Wailua River in central Kauai on State-owned land in the Lihue-
Koloa Forest Reserve (GDSI 2000; HINHP Database 2000).
    This species typically grows in pockets of soil on sheer wet rock 
cliffs and waterfalls in lowland wet forests at elevations between 182 
and 1,212 m (597 and 3,976 ft). Associated native plant species include 
ferns, Bidens spp. (kookoolau), Dubautia plantaginea (naenae), Hedyotis 
centranthoides (NCN), Hedyotis elatior (awiwi), Lysimachia filifolia 
(kolokolo kuahiwi), Machaerina angustifolia (uki), Metrosideros 
polymorpha, or Panicum lineale (NCN) (59 FR 9304; K. Wood, pers. comm., 
2001).
    The major threats to this species are a risk of extinction from 
naturally occurring events, such as hurricanes

[[Page 9120]]

and rock slides, and/or reduced reproductive vigor due to the small 
number of existing individuals; predation by introduced slugs and 
rodents (roof rats (Rattus rattus) and mice (Mus musculus)); and 
habitat degradation by feral pigs (59 FR 9304).
Cyanea recta (haha)
    Cyanea recta, a member of the bellflower family (Campanulaceae), is 
an unbranched shrub with densely hairy flowers. This short-lived 
perennial species is distinguished from other species in the genus that 
grow on Kauai by the following characteristics: horizontal or ascending 
inflorescence; narrowly elliptic leaves 12 to 28 cm (4.7 to 11 in) 
long; flat leaf margins; and purple berries (Lammers 1990).
    Little is known about the life history of Cyanea recta. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Cyanea recta was found in upper Hanalei Valley, 
Waioli Valley, Hanapepe Valley, Kalalau cliffs, Wainiha Valley, 
Makaleha Mountains, Limahuli Valley, Powerline Trail, and the Lehua 
Makanoe-Alakai area on the island of Kauai. Currently, there is a total 
of eight occurrences, with approximately 198 to 208 individuals, on 
State and private lands in the following areas: Waioli Valley, the left 
and right branches of Wainiha Valley, Makaleha Mountains, and Puu Eu, 
including areas in Halelea Forest Reserve, Kealia Forest Reserve, and 
the Lihue-Koloa Forest Reserve (GDSI 2000; HINHP Database 2000).
    Cyanea recta grows in lowland wet or mesic Metrosideros polymorpha 
forest or shrubland, usually in gulches or on slopes, and typically at 
elevations between 234 and 1,406 m (768 and 4,613 ft). Associated 
native plant species include Antidesma platyphyllum, Cheirodendron 
platyphyllum (lapalapa), Cibotium spp. (hapuu), Dicranopteris linearis, 
Diplazium spp. (NCN) , or Psychotria spp. (61 FR 53070; K. Wood, pers. 
comm., 2001).
    The major threats to this species are bark removal and other damage 
by rats; habitat degradation by feral pigs; browsing by goats; 
unidentified slugs that feed on the stems; and competition with the 
nonnative plant species Blechnum occidentale (blechnum fern), Clidemia 
hirta (Koster's curse), Crassocephalum crepidioides (NCN), Deparia 
petersenii (NCN), Erechtites valerianifolia (fireweed), Lantana camara, 
Melastoma candidum (NCN), Paspalum conjugatum (Hilo grass), Rubus 
rosifolius (thimbleberry), Sacciolepis indica (Glenwood grass), or 
Youngia japonica (Oriental hawksbeard) (61 FR 53070).
Cyanea remyi (haha)
    Cyanea remyi, a member of the bellflower family (Campanulaceae), is 
a shrub with generally unbranched, unarmed (lacking prickles) stems 
which are hairy toward the base. This short-lived perennial species is 
distinguished from others in the genus that grow on Kauai by its 
shrubby habit; relatively slender, unarmed stems; smooth or minutely 
toothed leaves; densely hairy flowers; the shape of the calyx lobes; 
length of the calyx and corolla; and length of the corolla lobe 
relative to the floral tube (Lammers 1999).
    Little is known about the life history of Cyanea remyi. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown.
    Currently, there are seven known occurrences with approximately 394 
to 484 individuals among them on the island of Kauai. Cyanea remyi is 
reported from Pali Eleele, Waioli Valley, Makaleha, Blue Hole, 
Kawaikini, and Kapalaoa on privately and State-owned lands, including 
the Halelea and Lihue-Koloa Forest Reserves (GDSI 2000; HINHP Database 
2000; Lammers and Lorence 1993; K. Wood, in litt. 1999).
    Cyanea remyi is usually found in narrow drainages and wet 
streambanks in lowland wet forest or shrubland at elevations between 
215 and 1,167 m (704 and 3,829 ft). Associated native plant species 
include various ``finger ferns'' (in the Grammitidaceae family) and 
``filmy ferns'' (in the Hymenophyllaceae family), Adenophorus spp. 
(NCN), Antidesma platyphyllum, Bidens spp., Broussaisia arguta, 
Cheirodendron spp., Cyrtandra spp., Diplazium sandwichianum, Eragrostis 
grandis (kawelu), Freycinetia arborea (ieie), Hedyotis terminalis, 
Machaerina angustifolia, Metrosideros polymorpha, Perrottetia 
sandwicensis (olomea), Pipturus spp. (mamaki), Psychotria hexandra 
(kopiko), Syzygium sandwicensis (ohia ha), Thelypteris spp. 
(palapalaia), Touchardia latifolia (olona), or Urera glabra (opuhe) (61 
FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with the 
nonnative plant species Erechtites valerianifolia, Melastoma candidum, 
Paspalum conjugatum, Psidium cattleianum, or Rubus rosifolius; habitat 
degradation by feral pigs; browsing by feral goats; predation by rats; 
unidentified slugs that feed on the stems; and a risk of extinction 
from naturally occurring events, such as landslides or hurricanes, due 
to the small number of remaining populations (61 FR 53070).
Cyanea undulata (haha)
    Cyanea undulata, a member of the bellflower family (Campanulaceae), 
is an unbranched (or the stem is occasionally forked) shrub or subshrub 
with fine rust-colored hairs covering the lower surface of the leaves. 
Its undulating leaf margins distinguish the species from other Kauai 
members of the genus (Lammers 1990, 1999).
    Native members of the Campanulaceae (bellflower) family, including 
the genus Cyanea, are generally believed to be adapted to pollination 
by native nectar-eating passerine birds, such as the Hawaiian 
``honeycreepers.'' The long, tubular, slightly curved flowers of C. 
undulata fit this model, but field observations are lacking. The fleshy 
orange fruits of this species are adapted for bird dispersal like other 
species of Cyanea. Although recognized as a short-lived perennial 
species, specific details of the life history of this species, such as 
growth rates, age plants begin to flower, and longevity of plants, are 
unknown (Lorence and Flynn 1991; Service 1994).
    Historically, Cyanea undulata was known only from the Wahiawa Bog 
area on Kauai. Currently, one occurrence with a total of 28 individuals 
is reported on privately owned land along the bank of a tributary of 
the Wahiawa Stream in the Wahiawa drainage (GDSI 2000; HINHP Database 
2000).
    Cyanea undulata typically grows in narrow drainages and wet 
streambanks in Metrosideros polymorpha dry to montane wet forest or 
shrubland at elevations between 145 and 1,066 m (476 and 3,497 ft). 
Associated native species include various grammitid and filmy ferns, 
Adenophorus spp., Antidesma platyphyllum, Broussaisia arguta, 
Cheirodendron spp., Diplazium sandwichianum, Dryopteris glabra, 
Eragrostis grandis (kawelu), Bidens spp., Freycinetia arborea, 
Machaerina angustifolia, Mariscus spp. (NCN), Melicope feddei (alani), 
Perrottetia sandwicensis, Pipturus spp., Psychotria mariniana, 
Psychotria hexandra, Sadleria pallida (amau), Sadleria squarrosa 
(apuu), Smilax melastomifolia (pioi), Sphenomeris chinensis (palaa), 
Syzygium sandwicensis, or Thelypteris spp. (Service 1994; K. Wood, 
pers. comm., 2001).
    The primary threats to this species include competition with the 
nonnative plant species Clidemia hirta, Cyathea

[[Page 9121]]

cooperi (Australian tree fern), Deparia petersenii, Elephantopus mollis 
(NCN), Erechtites valerianifolia, Melaleuca quinquenervia (paperbark 
tree), Melastoma candidum, Oplismenus hirtellus (basketgrass), Paspalum 
conjugatum, Paspalum urvillei (Vasey grass), Pluchea carolinensis 
(sourbush), Psidium cattleianum, Rhodomyrtus tomentosa (rose myrtle), 
Rubus rosifolius, Sacciolepis indica, Setaria parviflora, 
Stachytarpheta australis, or Youngia japonica; trampling by feral pigs; 
landslides; seed predation by rats; herbivory by introduced slugs; loss 
of pollinators; hurricanes; and decreased reproductive vigor, 
restricted distribution, and extinction due to unforseen circumstances 
because of small population size (Service 1994; 56 FR 47695).
Cyrtandra cyaneoides (mapele)
    Cyrtandra cyaneoides, a member of the African violet family 
(Gesneriaceae), is an erect or ascending, fleshy, usually unbranched 
shrub with opposite toothed leaves which have impressed veins on the 
lower surface that are sparsely covered with long hairs. This short-
lived perennial species differs from others of the genus that grow on 
Kauai by being a succulent, erect or ascending shrub; a bilaterally 
symmetrical calyx that is spindle-shaped in bud and falls off after 
flowering; leaves that are 41 to 56 cm (16 to 22 in) long and 23 to 35 
cm (9 to 14 in) wide and have a wrinkled surface; and berries with 
shaggy hairs (Wagner et al. 1999).
    Little is known about the life history of Cyrtandra cyaneoides. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Cyrtandra cyaneoides was known to occur only along 
the trail to Waialae Valley on Kauai until recently discovered in other 
areas. It is currently known from five occurrences, containing about 
354 to 454 individuals, on private and State lands (including Halelea 
Forest Reserve and Alakai Wilderness Preserve) at Pihea, Waioli Valley, 
Lumahai, the left branch of Wainiha Valley, and Makaleha (GDSI 2000; 
HINHP Database 2000; 61 FR 53070).
    Cyrtandra cyaneoides typically grows on talus rubble on steep 
slopes or cliffs with water seeps running below, near streams or 
waterfalls in lowland or montane wet forest or shrubland dominated by 
Metrosideros polymorpha or a mixture of M. polymorpha, Cheirodendron 
spp., and Dicranopteris linearis at elevations between 157 and 1,406 m 
(514 and 4,614 ft). Associated native species include Bidens spp., 
Boehmeria grandis (akolea), Coprosma spp., Cyanea spp. (haha), 
Cyrtandra longifolia (haiwale), Cyrtandra kauaiensis (ulunahele), 
Cyrtandra limahuliensis (haiwale), Diplazium sandwichianum, Freycinetia 
arborea, Gunnera kauaiensis (ape ape), Hedyotis terminalis, Hedyotis 
tryblium (NCN), Machaerina spp., Melicope clusiifolia (kukaemoa), 
Melicope puberula (alani), Perrottetia sandwicensis, Pipturus spp., 
Psychotria spp., Pritchardia spp. (loulu), or Stenogyne purpurea (NCN) 
(61 FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with nonnative 
plant species such as Deparia petersenii, Drymaria cordata (pipili), 
Paspalum conjugatum, and Rubus rosifolius; predation of seeds by rats; 
reduced reproductive vigor and a risk of extinction from naturally 
occurring events, such as landslides and hurricanes, due to the small 
number of populations; and habitat degradation by feral pigs (61 FR 
53070).
Cyrtandra limahuliensis (haiwale)
    Cyrtandra limahuliensis, a member of the African violet family 
(Gesneriaceae), is an unbranched or few-branched shrub with moderately 
or densely hairy leaves. The following combination of characteristics 
distinguishes this short-lived perennial species from others of the 
genus: the leaves are usually hairy (especially on lower surfaces), the 
usually symmetrical calyx is tubular or funnel-shaped and encloses the 
fruit at maturity, and the flowers are borne singly (Wagner et al. 
1990).
    Little is known about the life history of Cyrtandra limahuliensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Cyrtandra limahuliensis was known from three 
locations on Kauai: Wainiha Valley, Lumahai Valley, and near Kilauea 
River, until it was recently discovered in additional areas. Currently, 
a total of 13 occurrences, containing approximately 2,746 to 3,024 
individuals, are reported on private and State lands (including the 
Halelea, Kealia, and Lihue-Koloa Forest Reserves) at Limahuli Falls, 
Lumahai Valley, Waipa Valley, Waioli Valley, Kekoiki, Makaleha, the 
right fork of Wainiha Valley, Kualapa, Blue Hole, Kepalaoa, and Puu 
Kolo (GDSI 2000; HINHP Database 2000).
    This species typically grows along streambanks in lowland wet 
forests at elevations between 208 and 1,594 m (681 and 5,228 ft). 
Associated native plant species include Antidesma platyphyllum, Bidens 
spp., Boehmeria grandis, Charpentiera spp. (papala), Cibotium glaucum 
(hapuu), Cyanea spp., Cyrtandra kealiae (haiwale), Dicranopteris 
linearis, Diplazium sandwichianum, Dubautia spp. (naenae), Eugenia 
reinwardtiana (nioi), Gunnera kauaiensis, Hedyotis terminalis, Hibiscus 
waimeae (kokio keokeo), Metrosideros polymorpha, Perrottetia 
sandwicensis, Pipturus spp., Pisonia spp., Pritchardia spp., Psychotria 
spp., Touchardia latifolia, or Urera glabra (59 FR 9304; K. Wood, pers. 
comm., 2001).
    The major threats to this species are competition from nonnative 
plant species (Blechnum occidentale, Clidemia hirta, Erechtites 
valerianifolia, Hedychium flavescens (yellow ginger), Melastoma 
candidum, Paspalum conjugatum, Psidium cattleianum, Psidium guajava, 
Rubus rosifolius, or Youngia japonica); habitat degradation by feral 
pigs; natural landslides; and hurricanes (59 FR 9304).
Delissea rhytidosperma (NCN)
    Delissea rhytidosperma, a member of the bellflower family 
(Campanulaceae), is a branched shrub with lance-shaped or elliptic 
toothed leaves. This short-lived perennial species differs from other 
species of the genus by the shape, length, and margins of the leaves 
and by having hairs at the base of the anthers (part of stamen that 
produces pollen) (Lammers 1999).
    Little is known about the life history of Delissea rhytidosperma. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Delissea rhytidosperma was known from as far north as 
Wainiha and Limahuli Valleys, as far east as Kapaa and Kealia, and as 
far south as the Haupu Range, between the elevations of 122 and 915 m 
(400 and 3,000 ft) on the island of Kauai. Currently, three occurrences 
on private and State lands (including Kuia NAR), with a total of 11 
individuals, are reported from Kuia Valley, Puhakukane, and the Haupu 
Range (GDSI 2000; HINHP Database 2000).
    This species generally grows in well-drained soils with medium or 
fine-textured subsoil in Diospyros (lama) diverse lowland mesic forests 
or diverse Metrosideros polymorpha-Acacia koa forests at elevations 
between 167 and 895 m (547 and 2,935 ft). Associated native plant 
species include grammitid

[[Page 9122]]

ferns, Adenophorus spp., Cyanea spp., Dianella sandwicensis, Diospyros 
sandwicensis, Dodonaea viscosa, Doodia kunthiana, Euphorbia haeleeleana 
(akoko), Hedyotis spp. (NCN), Leptecophylla tameiameiae, Microlepia 
strigosa, Nestegis sandwicensis (olopua), Pisonia spp., Psychotria 
hobdyi (kopiko), or Pteralyxia kauaiensis (kaulu) (59 FR 9304; K. Wood, 
pers. comm., 2001).
    The major threats to this species are predation and/or habitat 
degradation by mule deer (Odocoileus hemionus columbianus), feral pigs, 
and goats; herbivory by rats and introduced slugs; fire; and 
competition with the nonnative plants Cordyline fruticosa (ti), Lantana 
camara, Passiflora ligularis (sweet granadilla), and Passiflora 
tarminiana (banana poka); and a risk of extinction from naturally 
occurring events, such as landslides or hurricanes, and/or reduced 
reproductive vigor due to the small number of existing individuals 
(Service 1995; 59 FR 9304).
Delissea rivularis (oha)
    Delissea rivularis, a member of the bellflower family 
(Campanulaceae), is a shrub, unbranched or branched near the base, with 
hairy stems and leaves arranged in a rosette at the tips of the stems. 
This short-lived perennial species is distinguished from others of the 
genus by the color, length, and curvature of the corolla, shape of the 
leaves, and presence of hairs on the stems, leaves, flower clusters, 
and corolla (Lammers 1999).
    Little is known about the life history of Delissea rivularis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Delissea rivularis was found at Waiakealoha 
Waterfall, Waialae Valley, Hanakoa Valley, and Kaholuamanu on the 
island of Kauai (61 FR 53070). Currently, this species is known from 
two occurrences with a total of 40 individuals. The occurrences are 
reported from Moaalele and Hanakapiai on State land within the Hono o 
Na Pali NAR (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Delissea rivularis is found on steep slopes near streams in 
Metrosideros polymorpha-Cheirodendron trigynum montane wet or mesic 
forest at elevations between 722 and 1,306 m (2,370 and 4,286 ft). 
Associated native plant species include Boehmeria grandis, Broussaisia 
arguta, Carex spp., Coprosma spp., Dubautia knudsenii (naenae), 
Diplazium sandwichianum, Hedyotis foggiana (NCN), Ilex anomala, 
Machaerina angustifolia, Melicope anisata (mokihana), Melicope 
clusiifolia, Pipturus spp., Psychotria hexandra, or Sadleria spp. 
(amau) (61 FR 53070; K. Wood, pers. comm., 2001).
    The major threats to this species are competition with the 
encroaching nonnative plant Rubus argutus; habitat destruction by feral 
pigs; predation by rats; and reduced reproductive vigor and a risk of 
extinction from naturally occurring events, such as landslides or 
hurricanes, due to the small number of remaining individuals (Service 
1998a; 61 FR 53070).
Diellia pallida (NCN)
    Diellia pallida, a member of the spleenwort family (Aspleniaceae), 
is a fern that grows in tufts of three to four light green, lance-
shaped fronds along with a few persistent dead ones, and reproduces by 
spores, the minute, reproductive dispersal unit of ferns and fern 
allies. This short-lived perennial species differs from others of this 
endemic Hawaiian genus by the color and sheen of the midrib, the 
presence and color of scales on the midrib, and the frequent fusion of 
sori (a group or cluster of spore cases) (Wagner 1952, 1987).
    Little is known about the life history of Diellia pallida. Its 
reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995).
    Diellia pallida was known historically from Halemanu on the island 
of Kauai. More recently additional occurrences have been found and 
currently, there is a total of six occurrences with 43 to 48 
individuals in Mahanaloa and Kuia Valleys, Makaha Valley, Waimea 
Canyon, and Koaie Canyon, all on State-owned land including Kuia NAR, 
Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest Reserve (GDSI 2000; 
HINHP Database 2000; 59 FR 9304; K. Wood, in litt. 1999).
    This species grows on bare granular soil with dry to mesophytic 
leaf litter with a pH of 6.9 to 7.9 on steep talus slopes in lowland 
mesic forests at elevations between 445 and 1,027 m (1,460 and 3,371 
ft). Associated native plant species include Acacia koa, Alectryon 
macrococcus, Alphitonia ponderosa, Alyxia oliviformis, Antidesma 
platyphyllum, Asplenium spp., Carex meyenii, Diospyros hillebrandii 
(lama), Diospyros sandwicensis, Doodia kunthiana, Hedyotis knudsenii 
(NCN), Leptecophylla tameiameiae, Metrosideros polymorpha, Microlepia 
strigosa, Myrsine lanaiensis (kolea), Nestegis sandwicensis, Psychotria 
mariniana, Psydrax odorata (alahee), Pteralyxia kauaiensis, Rauvolfia 
sandwicensis (hao), Tetraplasandra kavaiensis (ohe ohe), Wilkesia 
gymnoxiphium (iliau), or Zanthoxylum dipetalum (ae) (59 FR 9304; K. 
Wood, pers. comm., 2001).
    The major threats to this species include competition with the 
nonnative plants Aleurites moluccana (kukui), Cordyline fruticosa, 
Lantana camara, Melia azedarach (Chinaberry), Oplismenus hirtellus, or 
Stenotaphrum secundatum; predation and habitat degradation by feral 
goats, pigs, and deer; fire; and a risk of extinction from naturally 
occurring events, such as landslides or hurricanes, and/or reduced 
reproductive vigor due to the small number of existing individuals (59 
FR 9304).
Dubautia latifolia (koholapehu)
    Dubautia latifolia, a member of the aster family (Asteraceae), is a 
diffusely branched, woody perennial vine with leaves that are 
conspicuously net-veined, with the smaller veins outlining nearly 
square areas. A vining habit, distinct petioles (leaf stalks), and 
broad leaves with conspicuous net veins outlining squarish areas 
separate this from closely related species (Carr 1982b, 1985, 1999a).
    Individual plants of this species do not appear to be able to 
fertilize themselves. Since at least some individuals of Dubautia 
latifolia require cross-pollination, the wide spacing of individual 
plants (e.g., each 0.5 kilometer (km) (0.3 mile (mi)) apart) may pose a 
threat to the reproductive potential of the species. The very low seed 
set noted in plants in the wild indicates a reproductive problem, 
possibly asynchronous flowering or lack of pollinators. Seedling 
establishment and survival to juvenile stage is also rare. Dubautia 
latifolia experiences seasonal vegetative decline during the spring and 
summer, often losing most of its leaves. New growth and flowering occur 
in the fall, with fruits developing in November. Pollinators and seed 
dispersal agents are unknown (Carr 1982b; Service 1995).
    Historically, Dubautia latifolia was found in the Makaha, 
Awaawapuhi, Waialae, Kawaiula, and Kauhao Valleys of the Na Pali-Kona 
Forest Reserve, Nualolo Trail and Valley in Kuia NAR; Halemanu in Kokee 
State Park; along Mohihi Road in both Kokee State Park and Na Pali-Kona 
Forest Reserve, along the Mohihi-Waialae Trail on Mohihi and Kohua 
Ridges in both Na Pali-Kona Forest Reserve and Alakai Wilderness 
Preserve; and at Kaholuamanu on the

[[Page 9123]]

island of Kauai. Currently, there are a total of 26 occurrences 
containing approximately 65 to 84 individuals on State-owned land in 
Kauhao Valley, Makaha Valley headwaters, Kuia Valley, Kawaiula Valley, 
Kumuwela Ridge, Awaawapuhi Valley, Waiakoali picnic area, Alakai picnic 
area, Honopu Trail, Nualolo Trail, Waineke Swamp, Noe Stream, Kumuwela 
Ridge, Mohihi Ditch, Mohihi-Waialae Trail, and Kaluahaulu Ridge in the 
Alakai Wilderness Preserve, Kokee State Park, Kuia NAR, Na Pali-Kona 
Forest Reserve, and Waimea Canyon State Park (Carr 1982b; GDSI 2000; 
HINHP Database 2000; K. Wood, in litt. 1999).
    This species typically grows on gentle to steep slopes in well 
drained soil in semi-open or closed, diverse montane mesic forest 
dominated by Acacia koa and/or Metrosideros polymorpha, at elevations 
between 544 and 1,277 m (1,786 and 4,189 ft). Commonly associated 
native plant species are Alphitonia ponderosa, Antidesma platyphyllum, 
Bobea spp., Claoxylon sandwicense (poola), Coprosma waimeae (olena), 
Cyrtandra spp., Dicranopteris linearis, Diplazium sandwichianum, 
Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis terminalis, Ilex 
anomala, Melicope anisata, Nestegis sandwicensis, Pleomele aurea, 
Pouteria sandwicensis, Psychotria mariniana, Scaevola spp. (naupaka), 
or Xylosma spp. (maua) (59 FR 9304; K. Wood, pers. comm., 2001).
    The threats to this species include competition from the nonnative 
plants Acacia mearnsii (black wattle), Erigeron karvinskianus (daisy 
fleabane), Hedychium spp. (ginger), Lonicera japonica (Japanese 
honeysuckle), Passiflora tarminiana, Psidium cattleianum, or Rubus 
argutus; damage from trampling and grazing by feral pigs and deer; 
vehicle traffic and road maintenance; seasonal dieback; the small 
number of extant individuals; and restricted distribution (59 FR 9304).
Dubautia pauciflorula (naenae)
    Dubautia pauciflorula, a member of the aster family (Asteraceae), 
is a somewhat sprawling shrub or erect small tree with narrowly lance-
shaped or elliptic leaves clustered toward the ends of the stems. The 
tiny, two- to four-flowered heads distinguish this short-lived 
perennial species from its relatives (Carr 1985, 1999a).
    Few details are known about the life history of any Dubautia 
species under natural conditions. Certain species produce viable seed 
when self-pollinated (self-fertile), although others fail to do so 
(self-infertile). Low pollinator numbers resulting in reduced cross-
pollination and consequently low numbers of viable seeds could explain 
the small population sizes. Because of their structure and small size, 
flowers of D. pauciflorula are presumably pollinated by small 
generalist insects, although field observations are lacking. The 
bristle-like pappus (tuft of appendages that crowns the ovary or fruit) 
probably represents an adaptation for wind dispersal. Very little is 
known about the life cycle of this species, including growth rates, 
longevity of the plants, and number of years the plants remain 
reproductive (Carr 1985; Service 1994; 56 FR 47695).
    Historically and currently, this species is found only on State 
(including the Lihue-Koloa Forest Reserve) and privately owned lands in 
the Wahiawa drainage on Kauai. There are four occurrences containing 42 
individual plants (GDSI 2000; HINHP Database 2000).
    These populations are found in Metrosideros polymorpha-
Dicranopteris linearis lowland wet forest within stream drainages at 
elevations between 564 and 1,093 m (1,849 and 3,587 ft). Associated 
native plant species include Antidesma platyphyllum, Broussaisia 
arguta, Cheirodendron spp., Dubautia laxa (naenae pua melemele), 
Embelia pacifica (kilioe), Hesperomannia lydgatei, Labordia waialealae 
(kamakahala lau lii), Melicope spp., Nothoperanema rubiginosa (NCN), 
Pritchardia spp., Psychotria spp., Sadleria spp., Scaevola mollis 
(naupaka kuahiwi), Syzygium sandwicensis, or Tetraplasandra spp. (ohe 
ohe) (K. Wood, pers. comm., 2001).
    The threats to this plant include direct competition with nonnative 
plant species such as Melastoma candidum or Psidium cattleianum, and 
potential threats from Clidemia hirta, Cyathea cooperi, Deparia 
petersenii, Elephantopus mollis, Erechtites valerianifolia, Melaleuca 
quinquenervia, Oplismenus hirtellus, Paspalum conjugatum, Paspalum 
urvillei, Pluchea carolinensis, Rhodomyrtus tomentosa, Rubus 
rosifolius, Sacciolepis indica, Setaria parviflora, Stachytarpheta 
australis, or Youngia japonica; trampling by feral pigs; landslides and 
erosion; restricted distribution; and hurricanes (Service 1994; 56 FR 
47695).
Exocarpos luteolus (heau)
    Exocarpos luteolus, a member of the sandalwood family 
(Santalaceae), is a moderately to densely branched shrub with knobby 
branches and leaves that are either minute scales or typical leaves. 
This short-lived perennial species is distinguished from others of the 
genus by its generally larger fruit with four indentations and by the 
color of the receptacle and fruit (Wagner et al. 1999).
    Little is known about the life history of Exocarpos luteolus. This 
species tends to grow at habitat edges where there is adequate light 
and is likely to be semi-parasitic. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, other specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Historically, Exocarpos luteolus was known from three general 
locations on Kauai: Wahiawa Bog, Kaholuamanu, and Kumuwela Ridge. 
Currently, there is a total of nine occurrences containing 
approximately 75 individual plants. This species has a scattered 
distribution on State (Kuia NAR, Na Pali Coast State Park, Na Pali-Kona 
Forest Reserve, and Puu Ka Pele Forest Reserve) and privately owned 
lands and is reported from Pohakuao, the right fork and left fork of 
Kalalau Valley, Hipalau Valley, Koaie Canyon, Mahanaloa Valley, Kuia 
Valley, Poopooiki Valley, Nualolo Trail, Makaha Valley, and Haeleele 
Valley (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    This species is found at elevations between 361 and 1,465 m (1,183 
and 4,808 ft) in wet places bordering swamps or open bogs and on open, 
dry ridges in lowland or montane mesic Acacia koa-Metrosideros 
polymorpha-dominated forest communities with Dicranopteris linearis. 
Associated native plant species include Bobea brevipes, Cheirodendron 
trigynum, Claoxylon sandwicense, Dianella sandwicensis, Dodonaea 
viscosa, Dubautia laevigata, Elaeocarpus bifidus, Hedyotis terminalis, 
Leptecophylla tameiameiae, Melicope haupuensis, Peperomia spp., 
Pleomele aurea, Poa sandvicensis (Hawaiian bluegrass), Pouteria 
sandwicensis, Psychotria greenwelliae, Psychotria mariniana, Santalum 
freycinetianum, or Schiedea stellarioides (Service 1995; 59 FR 9304; K. 
Wood, pers. comm., 2001).
    The major threats to this species are feral goats and pigs; 
competition with the nonnative plants Acacia mearnsii, Corynocarpus 
laevigata (karakanut), Erigeron karvinskianus, Morella faya (firetree), 
or Rubus argutus; seed predation by rats; fire; and erosion (Service 
1995; 59 FR 9304).
Hedyotis st.-johnii (Na Pali beach hedyotis)
    Hedyotis st.-johnii, a member of the coffee family (Rubiaceae), is 
a succulent perennial herb with slightly woody, trailing, quadrangular 
stems and fleshy leaves clustered towards the base of the

[[Page 9124]]

stem. This species is distinguished from related species by its 
succulence, basally clustered fleshy leaves, shorter floral tube, and 
large leafy calyx lobes when in fruit (Wagner et al. 1999).
    Little is known about the life history of Hedyotis st.-johnii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Currently, there are a total of eleven occurrences, containing 
approximately 227 to 292 individuals, on State-owned land in Nualolo 
Valley, Nualolo Kai, Kaahole Valley, Keawanui, Kawaiula Valley, Milolii 
Spring, Makaha Point, Polihale Spring, Kalepa Valley, and Nakeikionaiwi 
Caves within the Na Pali Coast State Park and Puu Ka Pele Forest 
Reserve (GDSI 2000; HINHP Database 2000).
    This plant grows in the crevices of north-facing, near-vertical 
coastal cliff faces within the spray zone in sparse dry coastal 
shrubland at elevations between 0 and 187 m (0 and 613 ft). Associated 
native plant species include Artemisia australis, Bidens spp., Capparis 
sandwichiana (maiapilo), Chamaesyce celastroides, Eragrostis 
variabilis, Heteropogon contortus, Lipochaeta connata (nehe), Lycium 
sandwicense (ohelo kai), Myoporum sandwicense (naio), Nototrichium 
sandwicense (kului), or Schiedea apokremnos (maolioli) (56 FR 49639; K. 
Wood, pers. comm., 2001).
    The major threats to this species are herbivory and habitat 
degradation by feral goats; competition from nonnative plant species, 
especially Pluchea carolinensis; landslides; fire; trampling and 
grazing by cattle (Bos taurus); and a risk of extinction due to 
naturally occurring events, such as landslides or hurricanes, as well 
as decreased reproductive vigor because of the small population sizes 
and restricted distribution (Service 1995; 56 FR 49639).
Hesperomannia lydgatei (NCN)
    Hesperomannia lydgatei, a member of the aster family (Asteraceae) 
is a sparsely branched, small, long-lived perennial tree 2 to 4 m (6.5 
to 13 ft) tall with lance-shaped or elliptic leaves. The flower heads 
are clustered at the ends of branches and pendant (hanging) when 
mature. The species is distinguished from other members of this endemic 
Hawaiian genus by its pendant flower heads, longer and narrower 
hairless flower stalks, and shorter involucral (floral) bracts (Wagner 
et al. 1999).
    Almost no mature fruits develop, and it is possible that 
Hesperomannia lydgatei is self-infertile and fails to set seed unless 
cross-pollinated with other individuals. The flower heads with long, 
tubular yellow florets suggest pollination by long-tongued insects such 
as moths or butterflies, although field observation is required to 
confirm this. Absence of the appropriate pollinator(s) could be 
responsible for the observed lack of viable seeds. The plume-like hairs 
crowning the fruit strongly suggests dispersal by wind, as in many 
members of the aster family. This species grows almost exclusively 
along streams, however, so dispersal by water currents is also likely. 
Specific details regarding growth rates, age trees begin flowering in 
the wild, length of time they remain reproductive, and longevity of the 
plants are unknown (Service 1994).
    Historically, Hesperomannia lydgatei was found in the Wahiawa 
Mountains of Kauai. Currently, this species is known from State 
(Halelea Forest Reserve) and privately owned lands in the Pali Eleele, 
Waiole Valley, Wahiawa and Kapalaoa areas. There are four occurrences 
containing a total of 304 individual plants (GDSI 2000; HINHP Database 
2000; K. Wood, in litt. 1999).
    Hesperomannia lydgatei is found at elevations between 207 and 1,570 
m (680 and 5,151 ft) along streambanks and forested slopes in rich 
brown soil and silty clay in Metrosideros polymorpha or M. polymorpha-
Dicranopteris linearis lowland wet forest. Associated native plant 
species include Adenophorus periens (pendent kihi fern), Antidesma 
platyphyllum, Broussaisia arguta, Cheirodendron spp., Cyanea spp., 
Dubautia knudsenii, Dubautia laxa, Dubautia pauciflorula, Dubautia 
raillardioides (naenae), Elaphoglossum spp., Freycinetia arborea, 
Hedyotis terminalis, Labordia lydgatei (kamakahala), Machaerina 
angustifolia, Peperomia spp., Pritchardia spp., Psychotria hexandra, or 
Syzygium sandwicensis (HINHP Database 2000; Service 1994; K. Wood, 
pers. comm., 2001).
    Threats to the species include nonnative plants, feral goats, rats, 
landslides, and erosion (Service 1994).
Hibiscadelphus woodii (hau kuahiwi)
    Hibiscadelphus woodii, a member of the mallow family (Malvaceae), 
is a small branched, long-lived perennial tree with a rounded crown. 
Hibiscadelphus woodii differs from the other Kauai species in the genus 
by characteristics of the leaf surface and whorled leaves and by bract 
and flower color (Bates 1999; Lorence and Wagner 1995).
    Flowering material has been collected in March, April, and 
September, but no fruit set has been observed in spite of efforts to 
manually outcross the flowers. A museum specimen of a flower contains 
three adult Nitidulidae (sap) beetles, probably an endemic species. The 
damage by these larvae may be responsible for the observed lack of 
fruit set in Hibiscadelphus woodii (Lorence and Wagner 1995; Service 
1998a). No additional life history information for this species is 
currently known.
    Hibiscadelphus woodii has been found only at the site of its 
original discovery on State-owned land in the left branch of Kalalau 
Valley, within the Na Pali Coast State Park on Kauai. Only two trees of 
this species are currently known (GDSI 2000; HINHP Database 2000; K. 
Wood, in litt. 2001).
    Hibiscadelphus woodii is found at elevations between 219 and 1,197 
m (717 and 3,926 ft) on basalt talus or cliff walls in Metrosideros 
polymorpha montane mesic forest. These forests contain one or more of 
the following associated native plant species: Artemisia australis, 
Bidens sandvicensis (kookoolau), Carex meyenii, Chamaesyce celastroides 
var. hanapepensis (akoko), Dubautia spp., Hedyotis spp., Lepidium 
serra, Lipochaeta spp. (nehe), Lobelia niihauensis (NCN), Lysimachia 
glutinosa (kolokolo kuahiwi), Melicope pallida (alani), Myrsine spp. 
(kolea), Nototrichium spp. (kului), Panicum lineale, Poa mannii (NCN), 
or Stenogyne campanulata (NCN) (HINHP Database 2000; Lorence and Wagner 
1995; 61 FR 53070; K. Wood, pers. comm., 2001).
    Major threats to Hibiscadelphus woodii are habitat degradation by 
feral goats and pigs; competition from the nonnative plant species 
Erigeron karvinskianus; nectar robbing by the Japanese white-eye 
(Zosterops japonicus), an introduced bird; and a risk of extinction 
from naturally occurring events (e.g., rock slides), and reduced 
reproductive vigor due to the small number of existing individuals at 
the only known site (Lorence and Wagner 1995; 61 FR 53070).
Hibiscus clayi (Clay's hibiscus)
    Hibiscus clayi, a member of the mallow family (Malvaceae), is a 
long-lived perennial shrub or small tree. This species is distinguished 
from other native Hawaiian members of the genus by the lengths of the 
calyx, calyx lobes, and capsule and by the margins of the leaves (Bates 
1999).
    Little is known about the life history of Hibiscus clayi. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific

[[Page 9125]]

environmental requirements, and limiting factors are unknown (Service 
1995).
    Historically, Hibiscus clayi was known from scattered locations on 
Kauai: the Kokee region on the western side of the island, Moloaa 
Valley to the north, Nounou Mountain in Wailua to the east, and as far 
south as Haiku near Halii Stream. At this time, only one occurrence on 
State land in the Nounou Mountains, with a total of four individuals, 
is known to be extant (GDSI 2000; HINHP Database 2000).
    Hibiscus clayi generally grows on slopes at elevations between 9 
and 765 m (29 and 2,509 ft) in Acacia koa or Diospyros spp.-Pisonia 
spp.-Metrosideros polymorpha lowland dry or mesic forest with Artemisia 
australis, Bidens spp., Cyanea hardyi (haha), Gahnia spp., Hedyotis 
acuminata (au), Munroidendron racemosum (NCN), Pandanus tectorius 
(hala), Panicum tenuifolium (mountain pili), Pipturus spp., Pleomele 
aurea, Psychotria spp., or Psydrax odorata (HINHP Database 2000; 59 FR 
9304; K. Wood, pers. comm., 2001).
    The major threats to this species are herbivory and habitat 
degradation by feral pigs; competition from the nonnative plant species 
Araucaria columnaris (Norfolk Island pine) and Psidium cattleianum; 
trampling by humans; and a risk of extinction due to naturally 
occurring events, such as landslides or hurricanes, as well as 
decreased reproductive vigor because of the small population size and 
restricted distribution (HINHP Database 2000; 59 FR 9304).
Hibiscus waimeae ssp. hannerae (kokio keokeo)
    Hibiscus waimeae ssp. hannerae, a member of the mallow family 
(Malvaceae), is a gray-barked tree with star-shaped hairs densely 
covering its leaf and flower stalks and branchlets. The long-lived 
perennial species is distinguished from others of the genus by the 
position of the anthers along the staminal column, length of the 
staminal column relative to the petals, color of the petals, and length 
of the calyx. Two subspecies, ssp. hannerae and ssp. waimeae, both 
endemic to Kauai, are recognized. Subspecies hannerae is 
distinguishable from ssp. waimeae by its larger leaves and smaller 
flowers (Bates 1999).
    Little is known about the life history of Hibiscus waimeae ssp. 
hannerae. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1998a).
    Historically, Hibiscus waimeae ssp. hannerae was known from 
Kalihiwai and adjacent valleys, Limahuli Valley, and Hanakapiai Valley. 
This subspecies is no longer extant at Kalihiwai. Currently, there are 
two occurrences containing 27 individuals on State (Na Pali Coast State 
Park) and privately owned lands in Hanakapiai Valley, Limahuli Valley, 
and Pohakuao (Bates 1999; GDSI 2000; HINHP Database 2000).
    Hibiscus waimeae ssp. hannerae grows at elevations between 174 and 
1,154 m (570 and 3,787 ft). It is found in Metrosideros polymorpha-
Dicranopteris linearis or Pisonia spp.-Charpentiera elliptica (papala) 
lowland wet or mesic forest with Antidesma spp., Bidens spp., Bobea 
spp., Cibotium spp., Cyanea spp., Cyrtandra spp., Perrottetia 
sandwicensis, Pipturus spp., Psychotria spp., Sadleria spp., or 
Syzygium sandwicensis (Bates 1999; HINHP Database 2000; Service 1998a; 
K. Wood, pers. comm., 2001).
    Major threats to Hibiscus waimeae ssp. hannerae are habitat 
degradation by feral pigs, competition with nonnative plant species, 
and a risk of extinction from naturally occurring events (e.g., 
landslides and hurricanes) and/or reduced reproductive vigor due to the 
small number of remaining populations (HINHP Database 2000; 61 FR 
53070).
Kokia kauaiensis (kokio)
    Kokia kauaiensis, a member of the mallow family (Malvaceae), is a 
small tree. This long-lived perennial species is distinguished from 
others of this endemic Hawaiian genus by the length of the bracts 
surrounding the flower head, number of lobes and the width of the 
leaves, the length of the petals, and the length of the hairs on the 
seeds (Bates 1999).
    Little is known about the life history of Kokia kauaiensis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Kokia kauaiensis was found as seven scattered 
occurrences on northwestern Kauai. Currently, there are a total of 21 
occurrences with 166 to 171 individuals, found in Pohakuao, the left 
branch of Kalalau Valley, Paaiki Valley, Kuia Valley, Koaie Canyon, 
Kipalau Valley, and Kawaiiki Valley, all on State-owned land within 
Kuia NAR, Na Pali Coast State Park, and Na Pali-Kona Forest Reserve 
(GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Kokia kauaiensis typically grows in diverse mesic forest at 
elevations between 215 and 1,049 m (707 and 3,441 ft). Associated 
native plant species include Acacia koa, Alyxia oliviformis, Antidesma 
spp., Bobea spp., Chamaesyce celastroides, Claoxylon sandwicense, 
Dicranopteris linearis, Diellia pallida, Diospyros hillebrandii, 
Diospyros sandwicensis, Dodonaea viscosa, Flueggea neowawraea 
(mehamehame), Hedyotis spp., Hibiscus spp. (aloalo), Isodendrion 
laurifolium (aupaka), Lipochaeta fauriei (nehe), Melicope spp., 
Metrosideros polymorpha, Nestegis sandwicensis, Nototrichium spp., 
Pisonia spp., Pleomele aurea, Pouteria sandwicensis, Psydrax odorata, 
Pteralyxia kauaiensis, Rauvolfia sandwicensis, Santalum freycinetianum 
var. pyrularium (iliahi), Streblus pendulinus (aiai), Syzygium 
sandwicensis, Tetraplasandra spp., or Xylosma spp. (Bates 1999; HINHP 
Database 2000; Service 1998a; K. Wood, pers. comm., 2001).
    Competition with and habitat degradation by invasive nonnative 
plant species, substrate loss from erosion, habitat degradation and 
browsing by feral goats and deer, and seed predation by rats are the 
major threats affecting the survival of Kokia kauaiensis (HINHP 
Database 2000; Service 1998a; Wood and Perlman 1993).
Labordia lydgatei (kamakahala)
    Labordia lydgatei, a member of the logania family (Loganiaceae), is 
a much-branched perennial shrub or small tree with sparsely hairy, 
square stems. The small size of the flowers and capsules borne on 
sessile (attached to the base) inflorescences (a flower cluster) 
distinguish it from other members of the genus growing in the same area 
(Wagner et al. 1999).
    Immature fruits were seen on two plants during surveys in 1991 and 
1992 by botanists from NTBG, and remnants of old fruiting bodies were 
seen on another, suggesting that the plants are able to self-fertilize. 
It is also suspected that the fruits of this species are adapted for 
bird dispersal. Due to a lack of bird or other native pollinators, 
pollination may be inhibited. Microhabitat requirements for seed 
germination and growth may also be extremely specific. Virtually 
nothing is known about the life history or ecology of this species 
(Service 1994).
    This species was originally known from the Wahiawa drainage, Waioli 
Stream Valley, and Makaleha Mountains on Kauai. Labordia lydgatei is 
currently known from six occurrences, consisting of 37 individual 
plants, located on State (Lihue-Koloa and Halelea Forest Reserves) and 
privately owned lands at Pali Eleele, Waioli Valley, Leleiwi, Lumahai 
Valley, and Kapalaoa (GDSI

[[Page 9126]]

2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Labordia lydgatei is found on streambanks in Metrosideros 
polymorpha-Dicranopteris linearis lowland wet forest at elevations 
between 182 and 1,048 m (597 and 3,437 ft). Associated native plant 
species include Antidesma platyphyllum var. hillebrandii (hame), Cyanea 
spp., Cyrtandra spp., Dubautia knudsenii, Hedyotis terminalis, Ilex 
anomala, Labordia hirtella (kamakahala), Psychotria spp., or Syzygium 
sandwicensis (HINHP Database 2000; Service 1994; K. Wood, pers. comm., 
2001).
    Competition from nonnative plants poses the greatest threat to the 
survival of Labordia lydgatei (56 FR 47695). Additional threats include 
habitat degradation from feral pigs; rats, a potential seed predator; 
landslides and erosion; reduced germination; and a lack of dispersal or 
pollination agents (Service 1994).
Labordia tinifolia var. wahiawaensis (kamakahala)
    Labordia tinifolia var. wahiawaensis, a member of the logania 
family (Loganiaceae), is a shrub or small tree with hairless, 
cylindrical young branches. This long-lived perennial species differs 
from others of the genus by having a long common flower cluster stalk, 
hairless young stems and leaf surfaces, transversely wrinkled capsule 
valves, and length of the corolla lobes. Three varieties of Labordia 
tinifolia are recognized: var. lanaiensis on Lanai and Molokai; var. 
tinifolia on Kauai, Oahu, Molokai, Maui, and Hawaii; and var. 
wahiawaensis, endemic to Kauai. The variety wahiawaensis is 
distinguished from the other two by its larger corolla (Wagner et al. 
1999).
    Little is known about the life history of Labordia tinifolia var. 
wahiawaensis. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown.
    Labordia tinifolia var. wahiawaensis has only been known from one 
occurrence with a current total of approximately 20 to 30 individual 
plants on private land in the Wahiawa drainage in the Wahiawa Mountains 
(GDSI 2000; HINHP Database 2000).
    Labordia tinifolia var. wahiawaensis grows along streambanks in 
lowland wet forests dominated by Metrosideros polymorpha at elevations 
between 458 and 1,006 m (1,502 and 3,301 ft), with Antidesma 
platyphyllum, Athyrium microphyllum (akolea), Cheirodendron spp., 
Cyrtandra spp., Dicranopteris linearis, Hedyotis terminalis, or 
Psychotria spp. (HINHP Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to the remaining individuals of Labordia 
tinifolia var. wahiawaensis are competition with nonnative plants, 
habitat degradation by feral pigs, trampling by humans, and a risk of 
extinction from catastrophic random events or reduced reproductive 
vigor due to the small number of individuals in a single population (61 
FR 53070).
Lipochaeta fauriei (nehe)
    Lipochaeta fauriei, a member of the aster family (Asteraceae), is a 
perennial herb with somewhat woody, erect or climbing stems. This 
short-lived perennial species differs from other species on Kauai by 
having a greater number of disk and ray flowers per flower head, longer 
ray flowers, and longer leaves and leaf stalks (Gardner 1976, 1979; 
Service 1995; Wagner et al. 1985, 1990).
    Little is known about the life history of Lipochaeta fauriei. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Lipochaeta fauriei is known from 
Olokele Canyon on Kauai. This species is now found on State-owned land 
in Poopooiki Valley, Kuia Valley, Haeleele Valley, and Kawaiiki Valley 
within Kuia NAR, Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest 
Reserve. Currently there is a total of five occurrences with 82 
individuals. An occurrence in Koaie Canyon previously thought to be L. 
fauriei was later identified as Melanthera subcordata (nehe) (Gardner 
1979; GDSI 2000; HINHP Database 2000; Service 1995; K. Wood, in litt. 
1999).
    This species grows most often in moderate shade to full sun and is 
usually found on the sides of steep gulches in diverse lowland mesic 
forests at elevations between 436 and 947 m (1,432 and 3,108 ft). 
Associated native plant species include Acacia koa, Carex meyenii, 
Carex wahuensis, Dicranopteris linearis, Diospyros spp., Dodonaea 
viscosa, Euphorbia haeleeleana, Hibiscus waimeae, Kokia kauaiensis, 
Myrsine lanaiensis, Nestegis sandwicensis, Pleomele aurea, Psychotria 
greenwelliae, Psychotria mariniana, or Sapindus oahuensis (lonomea) 
(HINHP Database 2000; K. Wood, pers. comm., 2001).
    Major threats to Lipochaeta fauriei are predation and habitat 
degradation by feral goats and pigs and competition with invasive 
nonnative plants. Fire is also a significant threat to L. fauriei due 
to the invasion of Melinis minutiflora, a fire-adapted grass that 
creates unnaturally high fuel loads. The small total number of 
individuals makes the species susceptible to extinction from naturally 
occurring events, such as landslides or hurricanes, and/or reduced 
reproductive vigor (HINHP Database 2000; Service 1995; 59 FR 9304).
Lipochaeta micrantha (nehe)
    Lipochaeta micrantha, a member of the aster family (Asteraceae), is 
a somewhat woody short-lived perennial herb. The small number of disk 
flowers separates this species from the other members of the genus on 
the island of Kauai. The two recognized varieties of this species, var. 
exigua and var. micrantha, are distinguished by differences in leaf 
length and width, degree of leaf dissection, and the length of the ray 
florets (Gardner 1976, 1979; Wagner et al. 1990).
    Little is known about the life histories of Lipochaeta micrantha 
var. exigua and L. m. var. micrantha. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Historically, Lipochaeta micrantha var. exigua was only known from 
the Haupu Range on Kauai. Currently, five occurrences of L. micrantha 
var. exigua, with a total of 110 individuals, are known from privately 
owned land in the vicinity of Haupu Range and southwest of Hokunui 
summit. Historically, L. micrantha var. micrantha was known from 
Olokele Canyon, Hanapepe Valley, and the Koloa District on Kauai. 
Currently, this variety is only known from five occurrences totaling 
121 individuals on State land within the Na Pali-Kona Forest Reserve in 
Koaie Canyon and Kawaiiki Valley (GDSI 2000; HINHP Database 2000).
    Lipochaeta micrantha grows on cliffs, ridges, streambanks, or 
slopes in mesic to wet mixed communities at elevations between 35 and 
1,362 m (115 and 4,468 ft). Associated species include Acacia koa, 
Antidesma spp., Artemisia australis, Bidens sandvicensis, Bobea spp., 
Chamaesyce celastroides var. hanapepensis, Diospyros spp., Dodonaea 
viscosa, Eragrostis grandis, Eragrostis variabilis, Hibiscus kokio, 
Lepidium bidentatum (anaunau), Lobelia niihauensis, Melicope spp., 
Metrosideros polymorpha, Neraudia kauaiensis (NCN), Nototrichium spp., 
Pipturus spp., Plectranthus parviflorus (ala ala wai nui), Pleomele 
aurea, Psydrax odorata, Rumex albescens (huahuako), Sida fallax, or 
Xylosma

[[Page 9127]]

hawaiiense (maua) (HINHP Database 2000; Service 1995; K. Wood, pers. 
comm., 2001).
    The major threats to both varieties of Lipochaeta micrantha are 
habitat degradation by feral pigs and goats and competition with 
nonnative plant species such as Erigeron karvinskianus, Lantana camara, 
Pluchea carolinensis, or Stachytarpheta australis. The species is also 
threatened by extinction from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
small number of existing populations (HINHP Database 2000; Lorence and 
Flynn 1991; Service 1995).
Lipochaeta waimeaensis (nehe)
    Lipochaeta waimeaensis, a member of the aster family (Asteraceae), 
is a low growing, somewhat woody, short-lived perennial herb. This 
species is distinguished from other Lipochaeta species on Kauai by leaf 
shape and the presence of shorter leaf stalks and ray florets (Gardner 
1976, 1979; Wagner et al. 1990).
    Little is known about the life history of Lipochaeta waimeaensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Lipochaeta waimeaensis has been known only from the original site 
of discovery along the rim of Kauai's Waimea Canyon on State-owned 
land. There are no more than 100 individuals (GDSI 2000; HINHP Database 
2000).
    This species grows on eroded soil on a precipitous, shrub-covered 
gulch in a diverse lowland forest at elevations between 44 and 460 m 
(145 and 1,509 ft) with Artemisia australis, Chamaesyce celastroides, 
Dodonaea viscosa, Lipochaeta connata, Panicum spp. (NCN), Santalum 
freycinetianum, or Schiedea spergulina (NCN) (HINHP Database 2000; 
Wagner et al. 1999; K. Wood, pers. comm., 2001).
    The major threats to Lipochaeta waimeaensis are competition from 
nonnative plants and habitat destruction by feral goats, whose presence 
exacerbates the existing soil erosion problem at the site. The single 
occurrence, and thus the entire species, is threatened by extinction 
from naturally occurring events, such as landslides or hurricanes, and/
or reduced reproductive vigor due to the small number of existing 
individuals (59 FR 9304).
Melicope haupuensis (alani)
    Melicope haupuensis, a member of the rue family (Rutaceae), is a 
small long-lived perennial tree. Unlike other species of this genus on 
Kauai, the exocarp (outermost layer of a fruit) and endocarp (innermost 
layer of a fruit) are hairless and the sepals are covered with dense 
hairs (Stone et al. 1999).
    Little is known about the life history of Melicope haupuensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    For 62 years, Melicope haupuensis was known only from the site of 
its original discovery on the north side of Haupu Ridge on Kauai. This 
occurrence is now gone. The species is now known from four occurrences 
with a total of 13 individuals on State-owned land within the Alakai 
Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve in Kalahu, Awaawapuhi Valley, and Koaie Canyon (GDSI 2000; 
HINHP Database 2000; K. Wood, in litt. 1999).
    Melicope haupuensis grows on moist talus slopes in Metrosideros 
polymorpha-dominated lowland mesic forests or M. polymorpha-Acacia koa 
montane mesic forest at elevations between 111 and 1,249 m (364 and 
4,097 ft). Associated native plant species include Antidesma 
platyphyllum var. hillebrandii, Bobea brevipes, Cheirodendron trigynum, 
Claoxylon sandwicense, Cryptocarya mannii (holio), Dianella 
sandwicensis (ukiuki), Diospyros hillebrandii, Diospyros sandwicensis, 
Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis terminalis, Melicope 
anisata, M. barbigera (uahiapele), M. ovata (alani), Pleomele aurea, 
Pouteria sandwicensis, Pritchardia minor (loulu), Psychotria 
greenwelliae, Psychotria mariniana, Tetraplasandra waimeae 
(ohekikoola), or Zanthoxylum dipetalum (HINHP Database 2000; K. Wood, 
pers. comm., 2001).
    Habitat degradation by feral goats and competition with invasive 
nonnative plant species are the major threats to Melicope haupuensis. 
In addition, this species may be susceptible to the black twig borer 
(Xylosandrus compactus). The existence of only 13 known trees 
constitutes an extreme threat of extinction from naturally occurring 
events, such as landslides or hurricanes, or reduced reproductive vigor 
(Hara and Beardsley 1979; HINHP Database 2000; Medeiros et al. 1986; 59 
FR 9304).
Melicope quadrangularis (alani)
    Melicope quadrangularis, a member of the rue family (Rutaceae), is 
a shrub or small tree. Young branches are generally covered with fine 
yellow fuzz but become hairless with age. This species differs from 
others in the genus in having the following combination of characters: 
oppositely arranged leaves, only one or two flowers per cluster, cube-
shaped capsules with fused lobes, and a deep central depression at the 
top of the fruit (Stone et al. 1999).
    Little is known about the life history of Melicope quadrangularis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Melicope quadrangularis is known from the type locality in the 
Wahiawa Bog region of Kauai. One adult plant and two seedlings were 
discovered in 1991 by Ken Wood of NTBG on an east-facing slope of 
Wahiawa Ridge at 853 m (2,800 ft) on privately owned land. Subsequent 
exploration resulted in the location of a total of 13 individuals of 
this species. Although a survey after hurricane Iniki in 1992 did not 
relocate any individuals, it is hoped that there is a seed bank or that 
undiscovered individuals remain to be found (Stone et al. 1999).
    Melicope quadrangularis grows in Metrosideros polymorpha diverse 
lowland wet forest that ranges from mesic to wet conditions at 
elevations between 608 and 1,593 m (1,995 and 5,228 ft). Associated 
native plant species include Antidesma platyphyllum, Broussaisia 
arguta, Cheirodendron fauriei (olapa), Cibotium nealiae (hapuu), 
Cyrtandra pickeringii (haiwale), Dicranopteris linearis, Machaerina 
angustifolia, Machaerina mariscoides (ahaniu), other Melicope spp., 
Metrosideros waialealae (NCN), Psychotria hexandra, P. mariniana, P. 
wawrae (kopiko), Sadleria pallida, Scaevola gaudichaudiana (naupaka 
kuahiwi), or Syzygium sandwicensis (K. Wood, pers. comm., 2001).
    This species is threatened by nonnative plants and habitat 
disturbance by feral pigs; over-collecting for scientific purposes; 
extinction from naturally occurring events, such as landslides or 
hurricanes; and/or reduced reproductive vigor due to the dearth of 
individuals (Service 1994).
Munroidendron racemosum (NCN)
    Munroidendron racemosum, a member of the ginseng family 
(Araliaceae), is a small tree with a straight gray trunk crowned with 
spreading branches. This long-lived perennial species is the only 
member of a genus endemic to Hawaii. The genus is distinguished from 
other closely related Hawaiian genera of the family by

[[Page 9128]]

its distinct flower clusters and corolla (Constance and Affolter 1999).
    Reproduction occurs year-round, with flowers and fruits found 
throughout the year. Self-pollination is assumed to occur since viable 
seeds have been produced by isolated individuals. Pollinators have not 
been observed, but insect pollination is likely. Dispersal mechanisms 
are unknown (Service 1995).
    Historically, Munroidendron racemosum was known from scattered 
locations throughout the island of Kauai. Occurrences are now known 
from Waiahuakua, Pohakuao, the left and right branches of Kalalau 
Valley, Nakeikionaiwi Valley, Awaawapuhi Valley spring, Honopu Valley, 
Nualolo Valley, Poomau Valley, Kawaiiki Valley, Koaie Canyon, Nonou, 
Haupu, and Keopaweo. There are currently 17 known occurrences with 
approximately 59 to 99 individuals on State (Hono o Na Pali NAR, Na 
Pali Coast State Park, Na Pali-Kona Forest Reserve, Nonou Forest 
Reserve, and Puu Ka Pele Forest Reserve) and privately owned lands 
(GDSI 2000; HINHP Database 2000).
    Munroidendron racemosum is typically found on steep exposed cliffs 
or on ridge slopes in coastal to lowland mesic forests at elevations 
between 6 and 979 m (19 and 3,213 ft). Associated plant species include 
Bobea brevipes, Brighamia insignis, Canavalia napaliensis (awikiwiki), 
Diospyros hillebrandii, Diospyros sandwicensis, Nestegis sandwicensis, 
Pisonia sandwicensis (aulu), Pisonia umbellifera (papala kepau), 
Pleomele aurea, Pouteria sandwicensis, Psychotria spp., Psydrax 
odorata, Rauvolfia sandwicensis, Schiedea spp. (NCN), Sida fallax, or 
Tetraplasandra spp. (Gagne and Cuddihy 1999; HINHP Database 2000; 59 FR 
9304; K. Wood, pers. comm., 2001).
    The threats to Munroidendron racemosum are competition with 
nonnative plant species, such as Aleurites moluccana, Lantana camara, 
Leucaena leucocephala (koa haole), or Psidium guajava; habitat 
degradation by feral goats and fruit predation by rats; introduced 
insects of the long-horned beetle family (Cerambycidae); fire; 
extinction from naturally occurring events, such as landslides or 
hurricanes; and reduced reproductive vigor (HINHP Database 2000; 
Service 1995; 59 FR 9304).
Myrsine linearifolia (kolea)
    Myrsine linearifolia, a member of the myrsine family (Myrsinaceae), 
is a branched shrub. This long-lived perennial species is distinguished 
from others of the genus by the shape, length, and width of the leaves, 
length of the petals, and number of flowers per cluster (Wagner et al. 
1999).
    Little is known about the life history of Myrsine linearifolia. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Myrsine linearifolia was found at scattered locations 
on Kauai: Olokele Valley, Kalualea, Kalalau Valley, Kahuamaa Flat, 
Limahuli-Hanakapiai Ridge, Koaie Stream, Pohakuao, Namolokama summit 
plateau, and Haupu. There are currently 12 occurrences with 
approximately 490 to 564 individuals on State (Alakai Wilderness 
Preserve and Na Pali Coast State Park) and privately owned lands. The 
populations are found in Limahuli Valley, Alealau, the left branch of 
Kalalau Valley, Puu O Kila, Koaie Canyon, Namolokama, and Kapalaoa 
(GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Myrsine linearifolia typically grows at elevations between 105 and 
1,380 m (346 and 4,526 ft) in diverse mesic or wet lowland or montane 
Metrosideros polymorpha forest with Cheirodendron spp. or Dicranopteris 
linearis as co-dominant species. Plants growing in association with 
this species include Bobea brevipes, Cryptocarya mannii, Dubautia spp., 
Eurya sandwicensis (anini), Freycinetia arborea, Hedyotis terminalis, 
Lysimachia glutinosa, Machaerina angustifolia, Melicope spp., Myrsine 
spp., Nothocestrum spp. (aiea), Psychotria spp., Sadleria pallida, or 
Syzygium sandwicensis (HINHP Database 2000; 61 FR 53070; K. Wood, pers. 
comm., 2001).
    Competition with nonnative plants, such as Erigeron karvinskianus, 
Kalanchoe pinnata (air plant), Lantana camara, Psidium cattleianum, 
Rubus argutus, and Rubus rosifolius and habitat degradation by feral 
pigs and goats are the major threats to Myrsine linearifolia (61 FR 
53070).
Nothocestrum peltatum (aiea)
    Nothocestrum peltatum, a member of the nightshade family 
(Solanaceae), is a small tree with ash-brown bark and woolly stems. The 
usually peltate (leaf stem attached to the center) leaves and shorter 
leaf stalks separate this species from others in the genus (Symon 
1999).
    Although plants of this long-lived perennial species have been 
observed flowering, they rarely set fruit. This could be the result of 
a loss of pollinators, reduced genetic variability, or an inability to 
fertilize itself. Little else is known about the life history of 
Nothocestrum peltatum. Flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (59 FR 9304).
    Historically, Nothocestrum peltatum was known from Kauai at 
Kumuwela, Kaholuamanu, and the region of Nualolo. This species is now 
known from a total of 10 occurrences with 20 individuals, located at 
Kahuamaa Flats, Awaawapuhi Trail, Awaawapuhi Valley, Kawaiula Valley, 
and Makaha Valley on State-owned land within the Kokee State Park, Kuia 
NAR, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and Puu Ka 
Pele Forest Reserve (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 
1999).
    This species generally grows in rich soil on steep slopes in mesic 
or wet forest dominated by Acacia koa or a mixture of A. koa and 
Metrosideros polymorpha, at elevations between 581 and 1,290 m (1,906 
and 4,232 ft). Associated native plants include Alphitonia ponderosa, 
Antidesma spp., Bobea brevipes, Broussaisia arguta, Cheirodendron 
trigynum, Claoxylon sandwicense, Coprosma spp., Cryptocarya mannii, 
Dianella sandwicensis, Dicranopteris linearis, Diplazium sandwichianum, 
Dodonaea viscosa, Elaeocarpus bifidus, Hedyotis terminalis, Ilex 
anomala, Melicope anisata, M. barbigera, M. haupuensis, Perrottetia 
sandwicensis, Pleomele aurea, Pouteria sandwicensis, Psychotria 
greenwelliae, Psychotria mariniana, Tetraplasandra kavaiensis, or 
Xylosma spp. (HINHP Database 2000; K. Wood, pers. comm., 2001).
    Competition with nonnative plants (such as Erigeron karvinskianus, 
Lantana camara, Passiflora tarminiana, or Rubus argutus), and habitat 
degradation by feral pigs, deer, and red jungle fowl (Gallus gallus) 
constitute the major threats to Nothocestrum peltatum. This species is 
also threatened by fire, risk of extinction from naturally occurring 
events (e.g., landslides or hurricanes), and reduced reproductive vigor 
due to the small number of existing individuals (HINHP Database 2000; 
59 FR 9304).
Panicum niihauense (lau ehu)
    Panicum niihauense, a member of the grass family (Poaceae), is a 
perennial bunchgrass with unbranched culms (aerial stems). This short-
lived perennial species is distinguished from others in the genus by 
the erect inflorescence branches and the densely clustered spikelets 
(Davidse 1999).
    Little is known about the life history of this species. 
Reproductive cycles,

[[Page 9129]]

longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Panicum niihauense was known historically from Niihau and one 
location on Kauai. Currently, this species is only known from one 
occurrence of 23 individuals at the Polihale State Park area of Kauai 
on State-owned land (GDSI 2000; HINHP Database 2000).
    Panicum niihauense is found scattered in sand dunes in coastal 
shrubland at elevations between 0 and 103 m (0 and 337 ft). Associated 
native plant species include Cassytha filiformis (kaunaoa pehu), 
Chamaesyce celastroides, Dodonaea viscosa, Nama sandwicensis (hinahina 
kahakai), Ophioglossum pendulum ssp. falcatum (puapua moa), Scaevola 
sericea (naupaka kahakai), Sida fallax, Sporobolus virginicus (akiaki), 
or Vitex rotundifolia (kolokolo kahakai) (HINHP Database 2000; K. Wood, 
pers. comm., 2001).
    Primary threats to Panicum niihauense are destruction by off-road 
vehicles, competition with nonnative plant species, and a risk of 
extinction from naturally occurring events (e.g., landslides or 
hurricanes) and reduced reproductive vigor due to the small number of 
individuals in the one remaining population (HINHP Database 2000; 61 FR 
53108).
Phyllostegia knudsenii (NCN)
    Phyllostegia knudsenii, a nonaromatic member of the mint family 
(Lamiaceae), is an erect herb or vine. This short-lived perennial 
species is distinguished from others in the genus by its specialized 
flower stalk; it differs from the closely related P. floribunda by 
often having four flowers per group (Wagner et al. 1999).
    Little is known about the life history of Phyllostegia knudsenii. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Until 1993, Phyllostegia knudsenii was only known from the site of 
its original discovery made in the 1800s from the woods of Waimea on 
Kauai. There is currently one known occurrence with a total of 4 to13 
individuals on State-owned land in Koaie Canyon within the Alakai 
Wilderness Preserve (GDSI 2000; HINHP Database 2000; Wagner et al. 
1999; K. Wood, in litt. 1999).
    Phyllostegia knudsenii is found in Metrosideros polymorpha lowland 
mesic or wet forest at elevations between 399 and 1,059 m (1,309 and 
3,475 ft). Associated native plant species include Bobea timonioides 
(ahakea), Claoxylon sandwicense, Cryptocarya mannii, Cyrtandra 
kauaiensis, Cyrtandra paludosa (moa), Diospyros sandwicensis, 
Elaeocarpus bifidus, Ilex anomala, Myrsine linearifolia, Perrottetia 
sandwicensis, Pittosporum kauaiense (hoawa), Pouteria sandwicensis, 
Pritchardia minor, Selaginella arbuscula (lepelepeamoa), Tetraplasandra 
oahuensis (ohe mauka), or Zanthoxylum dipetalum (61 FR 53070; K. Wood, 
pers. comm., 2001).
    Major threats to Phyllostegia knudsenii include habitat degradation 
by feral pigs and goats, competition with nonnative plants, and a risk 
of extinction from naturally occurring events (e.g., landslides and 
hurricanes) and reduced reproductive vigor due to the small number of 
individuals in the only known population (61 FR 53070; Service 1998a).
Phyllostegia waimeae (NCN)
    Phyllostegia waimeae, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing perennial plant. Characteristics that 
distinguish this species from others in the genus are the nearly 
stalkless bracts that partially overlap and cover the flowers, and 
relatively fewer oil glands on the leaves (Wagner et al. 1999).
    Little is known about the life history of Phyllostegia waimeae. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown Service 1995).
    Historically, Phyllostegia waimeae was known from Kaholuamanu and 
Kaaha on Kauai. Currently, one occurrence with six individuals persists 
on State land in Kawaiiki Valley within the Na Pali-Kona Forest Reserve 
(K. Wood, in litt. 2001).
    This species typically grows in Acacia koa-Metrosideros polymorpha 
dominated wet or mixed mesic forest with Cheirodendron spp. or 
Dicranopteris linearis as co-dominants at elevations between 655 and 
1,224 m (2,149 and 4,016 ft). Associated native plant species include 
Broussaisia arguta, Claoxylon sandwicense, Diplazium sandwichianum, 
Dubautia knudsenii, Elaphoglossum spp., Gunnera kauaiensis, Hedyotis 
spp., Myrsine lanaiensis, Pleomele aurea, Psychotria spp., Sadleria 
spp., Scaevola procera (naupaka kuahiwi), Syzygium sandwicensis, or 
Vaccinium spp. (K. Wood, pers. comm., 2001).
    Habitat destruction by feral goats, erosion, and competition with 
introduced grasses are the major threats to Phyllostegia waimeae. The 
species is also threatened by over-collecting for scientific purposes; 
extinction from naturally occurring events, such as hurricanes; and/or 
reduced reproductive vigor due to the small number of existing 
individuals (Service 1995).
Phyllostegia wawrana (NCN)
    Phyllostegia wawrana, a nonaromatic member of the mint family 
(Lamiaceae), is a perennial vine that is woody toward the base and has 
long, crinkly hairs along the stem. This short-lived perennial species 
can be distinguished from the related P. floribunda and P. knudsenii by 
its less specialized flower stalk (Wagner et al. 1999).
    Seeds were observed in the wild in August 1993. No additional life 
history information for this species is currently known (Service 
1998a).
    Phyllostegia wawrana was reported to be found at Hanalei on Kauai 
in the 1800s and along Kokee Stream in 1926. Currently, four 
occurrences with approximately 34 to 54 individuals are reported from 
Koaie Canyon, Moaalele, Awaawapuhi Valley, and Makaleha on State-owned 
land within the Alakai Wilderness Preserve, Hono o Na Pali NAR, and 
Kokee State Park (GDSI 2000; HINHP Database 2000).
    This species grows at elevations between 398 and 1,284 m (1,306 and 
4,212 ft) in Acacia koa-Metrosideros polymorpha-Cheirodendron mixed 
mesic forest. Associated native plant species include Alectryon 
macrococcus, Asplenium polyodon , Athyrium microphyllum, Carex spp., 
Claoxylon sandwicense, Cyanea fissa (haha), Delissea rivularis, 
Dianella sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, 
Doodia kunthiana, Dryopteris wallichiana, Dubautia knudsenii, Dubautia 
laevigata, Hedyotis tryblium, Machaerina angustifolia, Panicum 
nephelophilum, Peperomia spp., Perrottetia sandwicensis, Pleomele 
aurea, Poa sandvicensis, Pteridium aquilinum var. decompositum, 
Sadleria pallida, Scaevola procera, Schiedea stellarioides, Syzygium 
sandwicensis, Touchardia latifolia, or Vaccinium dentatum (HINHP 
Database 2000; 61 FR 53070; K. Wood, pers. comm., 2001).
    Major threats to Phyllostegia wawrana include habitat degradation 
by feral pigs and competition with nonnative plant species, such as 
Erechtites valerianifolia, Erigeron karvinskianus, Melastoma candidum, 
Passiflora tarminiana, Rubus argutus, and Rubus rosifolius (61 FR 
53070; Service 1998a).

[[Page 9130]]

Poa mannii (Mann's bluegrass)
    Poa mannii, a member of the grass family (Poaceae), is a perennial 
grass with short rhizomes (underground stems) and erect, tufted culms. 
All three native species of Poa in the Hawaiian Islands are endemic to 
the island of Kauai. Poa mannii is distinguished from both P. 
siphonoglossa and P. sandvicensis by its fringed ligule (an appendage 
on the leaf sheath) and from P. sandvicensis by its shorter panicle (a 
flower cluster) branches (O'Connor 1999).
    Little is known about the life history of Poa mannii. Flowering 
cycles, pollination vectors, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Historically, this species was found in Olokele Gulch on Kauai. 
Currently, there is a total of six occurrences with approximately 268 
individuals on State-owned land in the right and left branches of 
Kalalau Valley, Awaawapuhi Valley, Kuia Valley, and Kauhao Valley 
within the Kuia NAR, Na Pali Coast State Park, Na Pali-Kona Forest 
Reserve, and Waimea Canyon State Park (GDSI 2000; HINHP Database 2000; 
O'Connor 1999; K. Wood, in litt. 1999).
    This species typically grows on cliffs or rock faces in lowland or 
montane mesic Metrosideros polymorpha or Acacia koa-M. polymorpha 
forest at elevations between 327 and 1,222 m (1,072 and 4,009 ft). 
Associated native plant species include Antidesma platyphyllum, 
Artemisia australis, Bidens cosmoides, Bidens sandvicensis, Carex 
meyenii, Carex wahuensis, Chamaesyce celastroides var. hanapepensis, 
Cyperus phleoides (NCN), Diospyros sandwicensis, Dodonaea viscosa, 
Eragrostis variabilis, Hedyotis terminalis, Lobelia niihauensis, 
Lobelia yuccoides (panaunau), Luzula hawaiiensis (wood rush), Melicope 
anisata, M. barbigera, M. pallida, Nototrichium spp., Panicum lineale, 
Pleomele aurea, Pouteria sandwicensis, Psychotria greenwelliae, 
Psychotria mariniana, Schiedea spp., or Wilkesia gymnoxiphium (HINHP 
Database 2000; 59 FR 56330; K. Wood, pers. comm., 2001).
    Poa mannii survives only in very steep areas that are inaccessible 
to goats, suggesting that goat herbivory may have eliminated this 
species from more accessible locations, as is the case for other rare 
plants from northwestern Kauai. Threats to P. mannii include habitat 
damage, trampling, and browsing by feral goats, and competition with 
invasive nonnative plants. Erigeron karvinskianus has invaded Kalalau, 
Koaie, and Waialae Valleys, three of the areas where P. mannii occurs. 
Lantana camara threatens all known populations, and Rubus argutus 
threatens the populations in Kalalau and Waialae Valleys. Poa mannii is 
also threatened by fire and reduced reproductive vigor and/or 
extinction from naturally occurring events, such as landslides or 
hurricanes, due to the small number of existing populations and 
individuals (59 FR 56330).
Poa sandvicensis (Hawaiian bluegrass)
    Poa sandvicensis is a perennial grass (Poaceae) with densely 
tufted, mostly erect culms. It is distinguished from closely related 
species by its shorter rhizomes and culms which do not become rush-like 
with age, closed and fused sheaths, relatively even-edged ligules, and 
longer panicle branches (O'Connor 1999).
    Little is known about the life history of Poa sandvicensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, this species was known from the following areas on 
the island of Kauai: the rim of Kalalau Valley; Halemanu Ridge, 
Kumuwela Ridge, and Kauaikanana drainage; Awaawapuhi Trail; Kohua 
Ridge/Mohihi drainage; and Kaholuamanu. Hillebrand's (1888) reference 
to a Maui locality is most likely an error. Currently, there is a total 
of nine occurrences with 1,321 individuals on State-owned land. Poa 
sandvicensis is known to be extant at Alealau, Keanapuka, Awaawapuhi 
Trail, Kumuwela Ridge, Maile Flat Trail, Mohihi Stream, Mohihi-Waialae 
Trail, Kawaiiki Valley, and Waialae Valley in the Alakai Wilderness 
Preserve, Hono o Na Pali NAR, Kokee State Park, Na Pali Coast State 
Park, and Na Pali-Kona Forest Reserve (GDSI 2000; HINHP Database 2000; 
57 FR 20580; K. Wood, in litt. 1999).
    Poa sandvicensis grows on wet, shaded, gentle to steep slopes, 
ridges, and rock ledges of streambanks in semi-open to closed, wet, 
diverse Acacia koa-Metrosideros polymorpha montane forest, at 
elevations between 473 and 1,290 m (1,553 and 4,232 ft). Associated 
native plant species include Alyxia oliviformis, Bidens sandvicensis, 
Cheirodendron spp., Claoxylon sandwicense, Coprosma spp., Dianella 
sandwicensis, Dicranopteris linearis, Dodonaea viscosa, Dubautia spp., 
Hedyotis spp., Melicope spp., Peperomia spp., Psychotria spp., Scaevola 
procera, Schiedea stellarioides, or Syzygium sandwicensis (HINHP 
Database 2000; 57 FR 20580; K. Wood, pers. comm., 2001).
    The greatest immediate threats to the survival of Poa sandvicensis 
are competition from nonnative plants, such as Erigeron karvinskianus, 
Hedychium spp., Passiflora tarminiana, or Rubus argutus; erosion caused 
by feral pigs and goats; and State Forest Reserve trail maintenance 
activities and human recreation. In addition, naturally occurring 
events, such as landslides and hurricanes, constitute a threat of 
extinction or reduced reproductive vigor due to the species' small 
population size (Service 1995; 57 FR 20580).
Poa siphonoglossa (NCN)
    Poa siphonoglossa is a perennial grass (Poaceae) with extensive 
tufted and flattened culms that cascade from banks in masses. It 
differs from related species by its longer culms and lack of a 
prominent tooth on the ligule. In addition, its shorter panicle 
branches distinguish it from P. sandvicensis, and its short rhizomes 
and closed and fused sheaths separate it from P. mannii (O'Connor 
1999).
    Little is known about the life history of Poa siphonoglossa. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Poa siphonoglossa was known from five sites on the 
island of Kauai: Kohua Ridge, near Kaholuamanu, Kaulaula Valley, Kuia 
Valley, and Kalalau. Currently, there are a total of five occurrences 
with a total of 50 individuals on State-owned land at Kahuamaa Flats, 
Mohihi-Waialae Trail, Kuia Valley, Makaha Ridge, and Kaulaula Valley in 
the Alakai Wilderness Preserve, Kuia NAR, Na Pali Coast State Park, Na 
Pali-Kona Forest Reserve, and Puu Ka Pele Forest Reserve (GDSI 2000; 
HINHP Database 2000; K. Wood, in litt. 1999).
    Poa siphonoglossa typically grows on shady banks on steep slopes in 
mesic Metrosideros polymorpha-Acacia koa forests at elevations between 
about 480 and 1,296 m (1,573 and 4,251 ft). Associated native plant 
species include Alphitonia ponderosa, Alyxia oliviformis, Bobea 
brevipes, Carex meyenii, Carex wahuensis, Coprosma waimeae, Dianella 
sandwicensis, Dodonaea viscosa, Dubautia spp., Hedyotis spp., 
Leptecophylla tameiameiae, Lobelia yuccoides, Melicope spp., Microlepia 
strigosa, Myrsine spp., Panicum nephelophilum, Poa sandvicensis, 
Psychotria spp., Scaevola procera, Tetraplasandra

[[Page 9131]]

kavaiensis, Vaccinium spp., Wilkesia gymnoxiphium, Xylosma spp., or 
Zanthoxylum dipetalum (57 FR 20580; K. Wood, pers. comm., 2001).
    The primary threat to the survival of Poa siphonoglossa is habitat 
degradation and/or herbivory by feral pigs and deer. The nonnative 
plant Rubus argutus invading Kohua Ridge constitutes a probable threat 
to that population. Small population size and the potential for one 
disturbance event to destroy the majority of known individuals are also 
serious threats to this species (HINHP Database 2000; Service 1995; 57 
FR 20580).
Pritchardia aylmer-robinsonii (wahane)
    Pritchardia aylmer-robinsonii, a member of the palm family 
(Arecaceae) is a fan-leaved tree about 7 to 15 m (23 to 50 ft) tall. 
This species is distinguished from others of the genus by the thin leaf 
texture and drooping leaf segments, tan woolly hairs on the underside 
of the petiole and the leaf blade base, stout hairless flower clusters 
that do not extend beyond the fan-shaped leaves, and the smaller 
spherical fruit (Read and Hodel 1999).
    Little is known about the life history of Pritchardia aylmer-
robinsonii. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (61 FR 41020).
    Historically, Pritchardia aylmer-robinsonii was found at three 
sites in the eastern and central portions of the island of Niihau. 
Trees were found on Kaali Cliff and in Mokouia and Haao Valleys at 
elevations between 70 and 270 m (230 and 885 ft) on privately owned 
land. The most recent observations indicate that two plants still 
remain on Kaali Cliff (GDSI 2000; HINHP Database 2000; Read and Hodel 
1999).
    Pritchardia aylmer-robinsonii typically grows on rocky talus in 
seepage areas within coastal dry forest at elevations between 91 to 259 
m (300 to 850 ft). Associated native plant species include Brighamia 
insignis, Cyperus trachysanthos, Lipochaeta lobata var. lobata (nehe), 
or Lobelia niihauensis. Originally a component of the coastal dry 
forest, this species now occurs only in a rugged and steep area where 
it receives some protection from grazing ungulates (HINHP Database 
2000; 61 FR 41020).
    The species is threatened by habitat degradation and/or herbivory 
by cattle, feral pigs, and feral goats and seed predation by rats. 
Small population size, limited distribution, and reduced reproductive 
vigor makes this species particularly vulnerable to extinction (61 FR 
41020).
Pritchardia napaliensis (loulu)
    Pritchardia napaliensis, a member of the palm family (Arecaceae), 
is a small tree with about 20 leaves and an open crown. This species is 
distinguished from others of the genus that grow on Kauai by having 
about 20 flat leaves with pale scales on the lower surface that fall 
off with age, inflorescences with hairless main axes, and globose round 
fruits less than 3 cm (1.2 in) long (Read and Hodel 1999).
    Little is known about the life history of Pritchardia napaliensis. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Pritchardia napaliensis has only been known from five occurrences 
with 155 individuals on State-owned land in Pohakuao, Alealau, 
Waiahuakua, and Hoolulu Valley within the Hono o Na Pali NAR and Na 
Pali Coast State Park (GDSI 2000; HINHP Database 2000; K. Wood, in 
litt. 1999).
    Pritchardia napaliensis typically grows in areas between elevations 
of 152 and 1,158 m (500 and 3,800 ft) in a wide variety of habitats 
ranging from lowland dry to diverse mesic forests dominated by 
Diospyros spp. or montane wet forests dominated by Metrosideros 
polymorpha and Dicranopteris linearis. Associated native plant species 
include Alsinidendron lychnoides, Alyxia oliviformis, Boehmeria 
grandis, Cheirodendron trigynum, Cibotium spp., Dubautia knudsenii, 
Elaeocarpus bifidus, Hibiscus kokio ssp. saintjohnianus (kokio), 
Lipochaeta connata var. acris (nehe), Melicope peduncularis (alani), 
Nesoluma polynesicum (keahi), Ochrosia kauaiensis (holei), Phyllostegia 
electra (NCN), Pleomele aurea, Poa sandvicensis, Pouteria sandwicensis, 
Psychotria spp., Psydrax odorata, Pteralyxia kauaiensis, Rauvolfia 
sandwicensis, Santalum freycinetianum var. pyrularium, Stenogyne 
purpurea (NCN), Syzygium sandwicensis, Vaccinium dentatum, Wilkesia 
gymnoxiphium, or Xylosma hawaiiense (HINHP Database 2000; Service 
1998a; 61 FR 53070).
    Major threats to Pritchardia napaliensis include habitat 
degradation and grazing by feral goats and pigs; seed predation by 
rats; and competition with nonnative plants such as Erigeron 
karvinskianus, Kalanchoe pinnata, Lantana camara, Psidium guajava, or 
possibly Cordyline fruticosa. The species is also threatened by 
vandalism and over-collection. In 1993, near the Wailua River, the 
State Division of Forestry and Wildlife (DOFAW) constructed a fenced 
enclosure around 39 recently planted P. napaliensis individuals. 
Shortly after planting, the fence was vandalized and the 39 plants were 
removed. Also, because of the small number of remaining populations and 
individuals, this species is susceptible to a risk of extinction from 
naturally occurring events, such as landslides or hurricanes, and from 
reduced reproductive vigor (61 FR 53070; Craig Koga, DOFAW, in litt. 
1999; A. Kyono, pers. comm., 2000).
Pritchardia viscosa (loulu)
    Pritchardia viscosa, a member of the palm family (Arecaceae), is a 
small tree 3 to 8 m (10 to 26 ft) tall. This species differs from 
others of the genus that grow on Kauai by the degree of hairiness of 
the lower surface of the leaves and main axis of the flower cluster, 
and length of the flower cluster (Read and Hodel 1999).
    Historically, Pritchardia viscosa was known only from a 1920 
collection from Kalihiwai Valley. It was not seen again until 1987, 
when Robert Read observed it in the same general area as the type 
locality, off the Powerline Road at 512 m (1,680 ft) elevation (HINHP 
Database 2000). Currently, there is one occurrence with three 
individuals on State-owned land within the Halelea Forest Reserve (GDSI 
2000; HINHP Database 2000; 61 FR 53070).
    This species is found in Metrosideros polymorpha-Dicranopteris 
linearis lowland wet forest at elevations between 488 and 518 m (1,600 
and 1,700 ft). Associated native species include Antidesma spp., Bobea 
spp., Cibotium spp., Cyanea fissa, Cyrtandra kauaiensis, Cyrtandra 
longiflora, Dubautia knudsenii, Nothocestrum spp., Perrottetia 
sandwicensis, Psychotria spp., Sadleria pallida, or Syzygium 
sandwicensis (Service 1998a; 61 FR 53070).
    Pritchardia viscosa is threatened by Psidium cattleianum, nonnative 
grasses such as Paspalum conjugatum, and seed predation by rats. At 
least one of the remaining mature trees has been damaged by spiked 
boots used either by a botanist or seed collector to scale the tree. In 
mid-1996, a young plant and seeds from mature Pritchardia viscosa 
plants were removed from the only known location of this species. 
Because of this past activity, it is reasonable to assume that these 
plants are threatened by over-collection and vandalism. Also, because 
of the small numbers of individuals in the only known population, this 
species is susceptible to

[[Page 9132]]

extinction since a single naturally occurring event (e.g., a hurricane) 
could destroy all remaining plants (61 FR 53070; C. Koga, in litt. 
1999; A. Kyono, pers. comm., 2000).
Pteralyxia kauaiensis (kaulu)
    Pteralyxia kauaiensis, a member of the dogbane family 
(Apocynaceae), is a long-lived perennial tree 3 to 8 m (10 to 26 ft) 
tall. The leaves are dark green and shiny on the upper surfaces, but 
pale and dull on the lower surfaces. This species differs from the only 
other species of this endemic Hawaiian genus in having reduced lateral 
wings on the seed (Wagner et al. 1999).
    Little is known about the life history of Pteralyxia kauaiensis. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Pteralyxia kauaiensis was known from the Wahiawa 
Mountains in the southern portion of Kauai. This species is now known 
from 39 occurrences, with a total of 1,124 to 1,161 individuals in the 
following scattered locations on State land: Limahuli Valley, the left 
and right branches of Kalalau Valley, Pohakuao, Makaha Valley, Kuia 
Valley, Haeleele Valley, Koaie Canyon, Kawaiiki Valley, Hipalau, Haupu, 
Blue Hole, Poomau Valley, and Kapalikea within the Lihue-Koloa Forest 
Reserve, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and Puu 
Ka Pele Forest Reserve. There is also an undocumented sighting of one 
individual at Makaleha, above the town of Kapaa (HINHP Database 2000; 
Wagner et al. 1999; 59 FR 9304; K. Wood, in litt. 1999).
    This species is typically found in diverse mesic or Diospyros 
sandwicensis mixed mesic forests with Pisonia spp. between elevations 
of 127 and 1,563 m (418 and 5,128 ft). Associated native plant species 
include Acacia koa, Alectryon macrococcus, Alphitonia ponderosa, 
Antidesma platyphyllum var. hillebrandii, Bobea brevipes, Carex spp., 
Charpentiera elliptica, Claoxylon sandwicense, Cyanea spp., Dianella 
sandwicensis, Diospyros spp. (lama), Diplazium sandwichianum, Dodonaea 
viscosa, Euphorbia haeleeleana, Freycinetia arborea, Gahnia spp., 
Gardenia remyi (nanu), Hedyotis terminalis, Hibiscus kokio, Kokia 
kauaiensis, Leptecophylla tameiameiae, Metrosideros polymorpha, Myrsine 
lanaiensis, Neraudia spp. (NCN), Nesoluma polynesicum, Nestegis 
sandwicensis, Peperomia spp., Pipturus spp., Pisonia sandwicensis, 
Pleomele aurea, Poa sandvicensis, Pouteria sandwicensis, Pritchardia 
spp., Psychotria spp., Psydrax odorata, Rauvolfia sandwicensis, 
Santalum freycinetianum var. pyrularium, Schiedea spp., Syzygium 
sandwicensis, Tetraplasandra spp., Xylosma hawaiiense, or Zanthoxylum 
dipetalum (HINHP Database 2000; 59 FR 9304; K. Wood, pers. comm., 
2001).
    The major threats to Pteralyxia kauaiensis are habitat destruction 
by feral animals and competition with introduced plants. Animals 
affecting the survival of this species include feral goats and pigs, 
and possibly rats, which may eat the fruit. Fire could threaten some 
populations. Introduced plants competing with this species include 
Aleurites moluccana, Cordyline fruticosa, Erigeron karvinskianus, 
Lantana camara, Psidium cattleianum, or Psidium guajava (HINHP Database 
2000; Service 1995; 59 FR 9304).
Remya kauaiensis (NCN)
    Remya kauaiensis, one of three species of a genus endemic to the 
Hawaiian Islands, is in the aster family (Asteraceae). Remya kauaiensis 
is a small short-lived perennial shrub, about 1 m (3 ft) tall, with 
many sprawling branches covered with a fine tan fuzz near their tips. 
The lower surface of the leaves is covered with fine white hairs. This 
species is distinguished from the other Kauai species in the genus by 
being hairy, having shorter flower head stalks, and having narrower 
tips on the floral bracts (Wagner et al. 1999).
    Seedlings of this species have not been observed. Flowers have been 
observed in April, May, June, and August, and are probably insect-
pollinated. Seeds are probably wind or water-dispersed. Remya 
kauaiensis may be self-incompatible (Herbst 1988; Service 1995; 56 FR 
1450).
    Historically, this species was found at Koaie, Mohihi, Kalalau, 
Makaha, Nualolo, Kawaiula, Kuia, Honopu, Awaawapuhi, Kopakaka, and 
Kauhao on Kauai. There are currently 17 known occurrences with a total 
of 106 to 114 individuals on State-owned land. They occur in Hipalau 
Valley, Awini Valley, Koaie Canyon, Mohihi Stream, the left branch of 
Kalalau Valley, Awaawapuhi and Nualolo Valleys, Kuia and Kawaiula 
Valleys, Makaha Valley, Kauhao Valley, and Kaulaula Valley within the 
Alakai Wilderness Preserve, Kuia NAR, Na Pali Coast State Park, Na 
Pali-Kona Forest Reserve, Puu Ka Pele Forest Reserve, and Waimea Canyon 
State Park (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Remya kauaiensis grows chiefly on steep, north or northeast-facing 
slopes at elevations between 560 and 1,247 m (1,836 and 4,090 ft). It 
is found primarily in Acacia koa-Metrosideros polymorpha lowland mesic 
forest with Chamaesyce spp. (akoko), Claoxylon sandwicense, Dianella 
sandwicensis, Diospyros spp., Dodonaea viscosa, Hedyotis terminalis, 
Melicope spp., Nestegis sandwicensis, Pouteria sandwicensis, Psychotria 
spp., Schiedea spp., or Tetraplasandra spp. (HINHP Database 2000; 
Herbst 1988; 56 FR 1450; K. Wood, pers. comm., 2001).
    The primary threats to Remya kauaiensis include herbivory and 
habitat degradation by feral goats, pigs, cattle, and deer, and 
competition from nonnative plant species. Other threats include 
erosion, fire, and risk of extinction from naturally occurring events, 
such as landslides or hurricanes, and/or reduced reproductive vigor due 
to the small number of remaining populations and individuals (Service 
1995; 56 FR 1450).
Remya montgomeryi (NCN)
    Remya montgomeryi in the aster family (Asteraceae) was discovered 
in 1985 by Steven Montgomery on the sheer, virtually inaccessible 
cliffs below the upper rim of Kalalau Valley, Kauai. It is a small 
short-lived perennial shrub, about 1 m (3 ft) tall, with many sprawling 
to weakly erect, smooth branches. The species is distinguished from R. 
kauaiensis by being hairless, with longer flower head stalks and 
broader floral bract tips (Wagner et al. 1999).
    Seedlings of this species have not been observed. Flowers have been 
observed in April through August and are probably insect-pollinated. 
Seeds are probably wind or water-dispersed. Remya montgomeryi may be 
self-incompatible (Herbst 1988; 56 FR 1450).
    Remya montgomeryi is known only from Kauai. Six occurrences with 
143 individuals are reported on State-owned land in the left and right 
branches of Kalalau Valley, Koaie Canyon, and Kuia Valley within the 
Alakai Wilderness Preserve and Na Pali Coast State Park (GDSI 2000; 
HINHP Database 2000; Herbst 1988; K. Wood, in litt. 1999).
    Remya montgomeryi grows at elevations between 336 and 1,344 m 
(1,102 and 4,411 ft), primarily on steep, north or northeast-facing 
slopes or cliffs in transitional wet or Metrosideros polymorpha-
dominated mixed mesic forest. Associated native plant species include 
Artemisia australis, Bobea spp., Boehmeria grandis, Cheirodendron spp., 
Claoxylon sandwicense, Cyrtandra spp., Dubautia spp., Ilex anomala, 
Lepidium serra, Lysimachia spp. (kolokolo kuahiwi), Myrsine 
linearifolia, Nototrichium spp., Pleomele aurea, Poa

[[Page 9133]]

mannii, Sadleria spp., Scaevola spp., Stenogyne campanulata, 
Tetraplasandra spp., or Zanthoxylum dipetalum (HINHP Database 2000; K. 
Wood, pers. comm., 2001).
    The primary threats to Remya montgomeryi are herbivory and habitat 
degradation by feral goats, pigs, cattle, and deer, and competition 
from nonnative plant species. Other threats include erosion, fire, and 
an increased risk of extinction from naturally occurring events (e.g., 
landslides or hurricanes) because of the small size of the populations 
and their limited distribution (Service 1995; 56 FR 1450).
Schiedea apokremnos (maolioli)
    Schiedea apokremnos, a member of the pink family (Caryophyllaceae), 
is a low, branching short-lived perennial shrub 20 to 51 cm (8 to 20 
in) tall with leaves that are somewhat fleshy. Schiedea apokremnos is 
distinguished from related species by shorter sepals, nectaries, and 
capsules (Wagner et al. 1999).
    Some individuals of Schiedea apokremnos are functionally female and 
must be cross-pollinated to set seed. This reproductive strategy may be 
ineffective in populations with few individuals. Little is known about 
the life history of Schiedea apokremnos. Flowering cycles, pollination 
vectors, seed dispersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1995).
    Schiedea apokremnos has been collected from Nualolo Kai, Kaaweiki 
Ridge, and along a 10.5 km (6.5 mi) long section of the Na Pali coast 
including Milolii Valley, Kalalau Beach, Kaalahina and Manono Ridges, 
Haeleele Ridge, and as far north as Pohakuao Valley, all on the island 
of Kauai. There is currently a total of five occurrences containing 201 
individuals on State-owned lands. The species is extant at 
Nakeikionaiwi, Pohakuao, Nualolo Valley, Haeleele Valley, and Kawaiiki 
Valley within the Na Pali Coast State Park and Puu Ka Pele Forest 
Reserve (GDSI 2000; HINHP Database 2000; 56 FR 49639).
    Schiedea apokremnos grows in the crevices of near-vertical basalt 
coastal cliff faces, at elevations between 11 and 538 m (35 and 1,765 
ft). The species grows in sparse dry coastal cliff shrub vegetation 
along with Artemisia australis, Bidens spp., Carex meyenii, Chamaesyce 
celastroides, Eragrostis variabilis, Lepidium serra, Lipochaeta 
connata, Lobelia niihauensis, Myoporum sandwicense, Peperomia spp., 
Pleomele aurea, Psydrax odorata, or Wilkesia spp. (HINHP Database 2000; 
56 FR 49639; K. Wood, pers. comm., 2001).
    The restriction of this species to inaccessible cliffs suggests 
that goat herbivory may have eliminated it from more accessible 
locations. The greatest current threat to the survival of Schiedea 
apokremnos is still herbivory and habitat degradation by feral goats, 
as well as competition from the nonnative plants Leucaena leucocephala 
and Hyptis pectinata (comb hyptis), and trampling by humans. Given the 
small size of most populations and restricted distribution, depressed 
reproductive vigor may be a serious threat to the species. In addition, 
a single environmental disturbance (such as a landslide or fire) could 
destroy a significant percentage of the extant individuals (Service 
1995; 56 FR 49639).
Schiedea helleri (NCN)
    Schiedea helleri, a member of the pink family (Caryophyllaceae), is 
a short-lived perennial vine. The stems are usually prostrate and at 
least 15 cm (6 in) long. This species is the only member of the genus 
on Kauai that grows as a vine (Wagner et al. 1999).
    Three plants have been observed flowering in February. No 
additional life history information for this species is currently known 
(Service 1998a).
    Schiedea helleri was originally found only at a single location at 
Kaholuamano over 100 years ago. There is currently a total of three 
occurrences with 50 to 60 individuals on State-owned land at Mohihi 
Stream, Nawaimaka Valley, and Mohihi-Waialae Trail within the Alakai 
Wilderness Preserve and Na Pali-Kona Forest Reserve (GDSI 2000; HINHP 
Database 2000; K. Wood, in litt. 1999).
    Schiedea helleri is found on ridges and steep cliffs in closed 
Metrosideros polymorpha-Dicranopteris linearis montane wet forest, M. 
polymorpha-Cheirodendron spp. montane wet forest, or Acacia koa-M. 
polymorpha montane mesic forest at elevations between 664 and 1,361 m 
(2,178 and 4,464 ft). Other native plants growing in association with 
this species include Broussaisia arguta, Cheirodendron spp., Cibotium 
spp., Cyanea spp., Dianella sandwicensis, Dubautia spp., Elaeocarpus 
bifidus, Hedyotis terminalis, Melicope spp., Myrsine spp., Poa 
sandvicensis, Scaevola procera, Syzygium sandwicensis, or Viola 
wailenalenae (pamakani) (HINHP Database 2000; K. Wood, pers. comm., 
2001).
    Competition with the nonnative plant Rubus argutus, a risk of 
extinction from naturally occurring events (e.g., landslides or 
hurricanes), and reduced reproductive vigor due to the small number of 
extant individuals are serious threats to Schiedea helleri (61 FR 
53070).
Schiedea kauaiensis (NCN)
    Schiedea kauaiensis, a member of the pink family (Caryophyllaceae), 
is an erect subshrub. This short-lived perennial species is 
distinguished from others in this endemic Hawaiian genus by its habit, 
larger leaves, the hairiness of the inflorescence, the number of 
flowers in each inflorescence, larger flowers, and larger seeds (Wagner 
et al. 1999).
    Little is known about the life history of this taxon. Fruit and 
flowers have been observed in July through September. There is no 
evidence of regeneration from seed under field conditions. Reproductive 
cycles, longevity, specific environmental requirements and limiting 
factors are unknown (Service 1998a).
    Historically, Schiedea kauaiensis was known from the northwestern 
side of Kauai, from Papaa to Mahanaloa. It was thought to be extinct 
until the five currently known occurrences in Mahanaloa and Kalalau 
Valleys, with a total of 22 individuals, were found. All occurrences 
are on State land within the Kuia NAR and Na Pali Coast State Park 
(GDSI 2000; HINHP Database 2000; K. Wood, in litt. 1999).
    Schiedea kauaiensis typically grows in diverse mesic to wet Acacia 
koa-Metrosideros polymorpha forest on steep slopes at elevations 
between 117 and 1,290 m (385 and 4,232 ft). Associated native plant 
species include Alphitonia ponderosa, Cryptocarya mannii, Diospyros 
spp., Dodonaea viscosa, Euphorbia haeleeleana, Exocarpos luteolus, 
Leptocophylla tameiameiae, Microlepia strigosa, Nestegis sandwicensis, 
Pisonia spp., Peucedanum sandwicense (makou), Psychotria spp., or 
Psydrax odorata (HINHP Database 2000; 61 FR 53108; K. Wood, pers. 
comm., 2001).
    Threats to Schiedea kauaiensis include habitat degradation and/or 
destruction by feral goats, pigs, and cattle; competition from several 
nonnative plant species; predation by introduced slugs and snails; and 
a risk of extinction from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
low number of individuals in only two known populations. Schiedea 
kauaiensis is also potentially threatened by fire (HINHP Database 2000; 
Service 1998a; 61 FR 53108).

[[Page 9134]]

Schiedea membranacea (NCN)
    Schiedea membranacea, a member of the pink family 
(Caryophyllaceae), is a short-lived perennial herb. This species 
differs from other Schiedea species on Kauai by having five-to seven-
veined leaves and an herbaceous habit (Wagner et al. 1999).
    Research suggests that this species largely requires outcrossing 
for successful germination and survival to adulthood. Pollinators for 
Schiedea membranacea are unknown, since none have been seen during the 
daytime, and none were observed during one set of night observations. 
Little else is known about the life history of S. membranacea. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Schiedea membranacea is currently known from the western side of 
the island of Kauai, on State and privately owned lands at Poopooiki 
Valley, Milolii Ridge, Kuia Valley, Awaawapuhi Valley, Nualolo Valley, 
Kahuamaa Flats, Waialae Falls, Koaie Canyon, and the right branch of 
Wainiha Valley. On State lands it occurs within the Alakai Wilderness 
Preserve, Halelea Forest Reserve, Kuia NAR, Na Pali Coast State Park, 
and Na Pali-Kona Forest Reserve. There are currently 10 occurrences 
containing 344 to 348 individuals (GDSI 2000; HINHP Database 2000; Wood 
and Perlman 1993; 61 FR 53070; K. Wood, in litt. 1999; ).
    This species is typically found on cliffs and cliff bases in mesic 
or wet habitats in lowland or montane shrubland or forest communities 
dominated by Acacia koa, Pipturus spp. and Metrosideros polymorpha or 
Urticaceae shrubland on talus slopes at elevations between 422 and 
1,259 m (1,386 and 4,131 ft). Associated native plant species include 
Alphitonia ponderosa, Alyxia oliviformis, Asplenium spp., Athyrium 
sandwicensis (akolea), Bobea brevipes, Boehmeria grandis, Cyrtandra 
spp., Diplazium sandwichianum, Dodonaea viscosa, Eragrostis variabilis, 
Hedyotis terminalis, Hibiscus waimeae, Joinvillea ascendens ssp. 
ascendens (ohe), Labordia helleri (kamakahala), Lepidium serra, 
Lysimachia kalalauensis (NCN), Machaerina angustifolia, Mariscus 
pennatiformis, Melicope spp., Myrsine spp., Perrottetia sandwicensis, 
Pisonia spp., Pleomele aurea, Poa mannii, Poa sandvicensis, Pouteria 
sandwicensis, Psychotria spp., Psydrax odorata, Remya kauaiensis, 
Sadleria cyatheoides (amau), Scaevola procera, Thelypteris cyatheoides 
(kikawaio), Thelypteris sandwicensis (palapalaia), or Touchardia 
latifolia (HINHP Database 2000; 61 FR 53070; K. Wood, pers. comm., 
2001).
    Habitat degradation by feral goats, pigs, and deer; competition 
with the nonnative plant species Ageratina riparia (Hamakua pamakani), 
Erigeron karvinskianus, Lantana camara, Passiflora tarminiana, Psidium 
cattleianum, Rubus argutus, or R. rosifolius; loss of pollinators; and 
landslides are the primary threats to Schiedea membranacea. Based on 
observations indicating that snails and slugs may consume seeds and 
seedlings, it is likely that introduced molluscs also represent a major 
threat to this species (Service 1998a; Wood and Perlman 1993; 61 FR 
53070).
Schiedea spergulina var. leiopoda and Schiedea spergulina var. 
spergulina (NCN)
    Schiedea spergulina, a member of the pink family (Caryophyllaceae), 
is a short-lived perennial subshrub. Of the 22 species in this endemic 
genus, only two other species have smooth seeds. Schiedea spergulina 
differs from those two in having very compact flower clusters. The two 
weakly defined varieties differ primarily in the degree of hairiness of 
the inflorescences, with S. spergulina var. leiopoda being the less 
hairy of the two (Wagner et al. 1999).
    Little is known about the life histories of either Schiedea 
spergulina var. leiopoda or S. spergulina var. spergulina. Flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995).
    Historically, Schiedea spergulina var. leiopoda was found on a 
ridge on the east side of Hanapepe on Kauai. One occurrence with 
approximately 135 to 150 individuals is now known to grow in Lawai 
Valley on Kauai on privately owned land (GDSI 2000; HINHP Database 
2000).
    Schiedea spergulina var. spergulina was historically found in 
Olokele Canyon, but is now known only from the right branch of Kalalau 
Valley, Koaie Canyon, and Waimea Canyon. A total of three occurrences 
numbering approximately 208 individuals is reported on State-owned land 
within the Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and 
the Puu Ka Pele Forest Reserve. However, it has been estimated that 
this species may number in the thousands on Kauai (GDSI 2000; HINHP 
Database 2000; Service 1995).
    Both varieties of Schiedea spergulina are usually found on bare 
rock outcrops or sparsely vegetated portions of rocky cliff faces or 
cliff bases in diverse lowland dry to mesic forests at elevations 
between 21 and 90 m (69 and 294 ft) for S. spergulina var. leiopoda and 
elevations between 144 and 828 m (474 and 2,718 ft) for S. spergulina 
var. spergulina. Associated native plant species include Acacia koa, 
Artemisia australis, Bidens sandvicensis, Carex meyenii, Chamaesyce 
celastroides, Dianella sandwicensis, Doryopteris spp. (kumuniu), 
Eragrostis variabilis, Erythrina sandwicensis (wiliwili), Gahnia spp., 
Heliotropium spp. (ahinahina), Lepidium serra, Lipochaeta connata, 
Microlepia strigosa, Nestegis sandwicensis, Nototrichium sandwicense, 
Panicum lineale, Peucedanum sandwicense, or Wilkesia gymnoxiphium 
(HINHP Database 2000; Lorence and Flynn 1991; Service 1995; 59 FR 9304; 
K. Wood, pers. comm., 2001).
    The major threats to Schiedea spergulina var. leiopoda are habitat 
destruction by feral goats and competition with nonnative plants such 
as Furcraea foetida (Mauritius hemp), Lantana camara, or Leucaena 
leucocephala. Individuals have also been damaged and destroyed by rock 
slides. This variety is potentially threatened by pesticide use in 
nearby sugarcane fields, as well as being at risk of extinction from 
naturally occurring events (e.g., hurricanes) and/or reduced 
reproductive vigor due to the small number of existing individuals 
(Lorence and Flynn 1991; Service 1995; 59 FR 9304).
    Schiedea spergulina var. spergulina is threatened by competition 
with nonnative plant species, including Erigeron karvinskianus, Lantana 
camara, Melia azedarach, or Triumfetta semitriloba (Sacramento bur). 
The area in which this variety grows is used heavily by feral goats, 
and there is evidence that plants are being browsed and trampled (HINHP 
Database 2000; Lorence and Flynn 1991; 59 FR 9304).
Schiedea stellarioides (laulihilihi)
    Schiedea stellarioides, a member of the pink family 
(Caryophyllaceae), is a slightly erect to prostrate subshrub with 
branched stems. The opposite leaves are very slender to oblong-
elliptic, and one-veined. This short-lived perennial species is 
distinguished from other Schiedea species on Kauai by the number of 
veins in the leaves, shape of the leaves, presence of a leaf stalk, 
length of the flower cluster, and shape of the seeds (Wagner et al. 
1999).

[[Page 9135]]

    Plants have been observed flowering in February. Little else is 
known about the life history of Schiedea stellarioides. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1995).
    Historically, Schiedea stellarioides was found at the sea cliffs of 
Hanakapiai Beach, Kaholuamano-Opaewela region, the ridge between 
Waialae and Nawaimaka Valleys, and Haupu Range on the island of Kauai. 
Currently it is found in Kawaiiki Valley and Waialae Falls within the 
Na Pali-Kona Forest Reserve. There is a total of three occurrences with 
1,500 individuals on State-owned land (GDSI 2000; HINHP Database 2000; 
K. Wood, in litt. 1999).
    Schiedea stellarioides is found on steep slopes in closed Acacia 
koa-Metrosideros polymorpha lowland to montane mesic forest or 
shrubland at elevations between 376 and 1,251 m (1,135 and 4,102 ft). 
Associated native plant species include Alsinidendron viscosum, 
Artemisia australis, Bidens cosmoides, Chenopodium spp. (aheahea), 
Dianella sandwicensis, Dodonaea viscosa, Leptecophylla tameiameiae, 
Mariscus spp., Melicope spp., Nototrichium sandwicense, Pipturus spp., 
Syzygium sandwicensis, or Zanthoxylum dipetalum (HINHP Database 2000; 
61 FR 53070; K. Wood, pers. comm., 2001).
    The primary threats to this species include habitat degradation and 
herbivory by feral pigs and goats, competition with the nonnative 
plants Melinis minutiflora and Rubus argutus, and a risk of extinction 
of the two remaining populations from naturally occurring events, such 
as landslides or hurricanes (61 FR 53070).
Stenogyne campanulata (NCN)
    Stenogyne campanulata, a member of the mint family (Lamiaceae), is 
a vine with four-angled, hairy stems. A short-lived perennial species, 
Stenogyne campanulata is distinguished from closely related species by 
its large and very broadly bell-shaped calyces that nearly enclose the 
relatively small, straight corollas, and by small calyx teeth that are 
half as long as wide (Weller and Sakai 1999).
    Little is known about the life history of Stenogyne campanulata. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Stenogyne campanulata is known from three occurrences with 66 
individuals which were originally discovered in the left branch of 
Kalalau Valley on State-owned land in the Na Pali Coast State Park 
(GDSI 2000; HINHP Database 2000).
    Stenogyne campanulata grows on the rock face of a nearly vertical, 
north-facing cliff in diverse lowland or montane mesic forest at 
elevations between 335 and 1,290 m (1,100 and 4,232 ft). The associated 
native plant species include Lepidium serra, Lobelia niihauensis, 
Lysimachia spp., Melicope pallida, Metrosideros polymorpha, Neraudia 
kauaiensis, Nototrichium divaricatum (kului), Poa mannii, Remya 
montgomeryi, or Wilkesia gymnoxiphium (Weller and Sakai 1999; 57 FR 
20580; K. Wood, pers. comm., 2001).
    The restriction of this species to virtually inaccessible cliffs 
suggests that herbivory by feral goats may have eliminated it from more 
accessible locations. Goat herbivory and habitat degradation remain the 
primary threat. Feral pigs have disturbed vegetation in the vicinity of 
these plants. Erosion caused by feral goats or pigs exacerbates the 
potential threat of landslides. Erigeron karvinskianus and Rubus 
argutus are the primary nonnative plants threatening Stenogyne 
campanulata. The small number of individuals and its restricted 
distribution are serious potential threats to the species. The limited 
population size may depress reproductive vigor, or a single 
environmental disturbance, such as a landslide, could destroy all known 
extant individuals (57 FR 20580).
Viola helenae (NCN)
    Viola helenae is a small, unbranched perennial subshrub with an 
erect stem in the violet family (Violaceae). It is distinguished from 
other Kauai species of Viola by the leaf shape and width, woody stems, 
and strictly chasmogamous (open at maturity for access by pollinators) 
flowers (Wagner et al. 1999).
    Little is known about the life history of Viola helenae. Wagner et 
al. (1999) state that the flowers are all chasmogamous and not 
cleistogamous (remain closed and self-fertilize in the bud) as in 
certain other violet species. Therefore, it is likely that its flowers 
require pollination by insects for seed set. Mature flowering plants do 
produce seed; however, seed viability may be low and microhabitat 
requirements for germination and growth may be very specific. Seeds 
planted at NTBG on Kauai failed to germinate, although they may not 
have been sufficiently mature when collected and violet seeds are often 
very slow to germinate. The seeds are jettisoned when the capsule 
splits open, as in most species of the genus (Service 1994).
    Historically, Viola helenae was known from four populations, two 
along either branch of Wahiawa Stream on Kauai. Currently, there is one 
known occurrence with a total of 137 plants, on privately owned land 
within the Wahiawa drainage (GDSI 2000; HINHP Database 2000; Service 
1994; 56 FR 47695).
    This species is found in Metrosideros polymorpha-Dicranopteris 
linearis lowland wet forest or M. polymorpha-Cheirodendron wet forest 
growing on stream drainage banks or adjacent valley bottoms in light to 
moderate shade at elevations between 522 and 1,006 m (1,712 and 3,301 
ft). Associated native plant species include Antidesma platyphyllum 
var. hillebrandii, Broussaisia arguta, Dicranopteris linearis, 
Diplazium sandwichianum, Dubautia spp., Freycinetia arborea, 
Hesperomannia lydgatei, Melicope spp., or Pritchardia spp. (HINHP 
Database 2000; Service 1994; K. Wood, pers. comm., 2001).
    Threats to Viola helenae include competition from nonnative plant 
species, including Elephantopus mollis, Erechtites valerianifolia, 
Melastoma candidum, Psidium cattleianum, Rubus rosifolius, 
Stachytarpheta australis, various nonnative grasses, or potentially 
Melaleuca quinquenervia; trampling and browsing damage by feral pigs; 
landslides and erosion; and hurricanes (Service 1994; 56 FR 47695).
Viola kauaiensis var. wahiawaensis (nani waialeale)
    Viola kauaiensis, a member of the violet family (Violaceae), is a 
short-lived perennial herb with upward curving or weakly rising, 
hairless, lateral stems. The species is distinguished from others of 
the genus by its non-woody habit, widely spaced kidney-shaped leaves, 
and by having two types of flowers: conspicuous, open flowers and 
smaller, unopened flowers. Two varieties of the species are recognized, 
both occurring on Kauai: var. kauaiensis and var. wahiawaensis. Viola 
kauaiensis var. wahiawaensis is distinguished by having broadly wedge-
shaped leaf bases (Service 1998a; Wagner et al. 1999).
    Viola kauaiensis var. wahiawaensis has been observed in flower in 
December. Little else is known about the life history of V. kauaiensis 
var. wahiawaensis. Its flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (Service 1998a).

[[Page 9136]]

    Viola kauaiensis var. wahiawaensis is known only from two 
occurrences in the Wahiawa Mountains of Kauai with a total of 13 
individual plants, on privately owned land. This taxon is not known to 
have occurred beyond its current range (GDSI 2000; HINHP Database 
2000).
    Viola kauaiensis var. wahiawaensis is found in Machaerina 
angustifolia-Rhynchospora rugosa (kuolohia) lowland bog or mixed wet 
shrubland and adjacent Metrosideros polymorpha wet forest at elevations 
between 393 and 1,006 m (1,291 and 3,301 ft). Associated native plant 
species include Antidesma platyphyllum var. hillebrandii, Bidens 
forbesii (kookoolau), Chamaesyce remyi (akoko), Chamaesyce sparsiflora 
(akoko), Coprosma spp., Cyanea fissa, Dicranopteris linearis, 
Diplopterygium pinnatum (uluhe lau nui), Dubautia imbricata (naenae), 
Dubautia raillardioides, Gahnia vitiensis (NCN), Leptechophylla 
tameiameiae, Lobelia kauaensis (NCN), Machaerina angustifolia, 
Machaerina mariscoides, Melicope spp., Psychotria wawrae, Sadleria 
pallida, Scaevola gaudichaudii, Sphenomeris chinensis, Syzygium 
sandwicensis, Tetraplasandra oahuensis, or Vaccinium dentatum (HINHP 
Database 2000; Lorence and Flynn 1991; Service 1998a; 61 FR 53070; K. 
Wood, pers. comm., 2001).
    The primary threats to Viola kauaiensis var. wahiawaensis are a 
risk of extinction from naturally occurring events, such as landslides 
or hurricanes, and reduced reproductive vigor due to the small number 
of existing populations and individuals; habitat degradation through 
the rooting activities of feral pigs; and competition with nonnative 
plants, such as Juncus planifolius (NCN) or Pterolepis glomerata (NCN) 
(HINHP Database 2000; Lorence and Flynn 1991; Service 1994; 61 FR 
53070).
Wilkesia hobdyi (dwarf iliau)
    Wilkesia hobdyi, a member of an endemic Hawaiian genus in the aster 
family (Asteraceae), is a short-lived perennial shrub which branches 
from the base. The tip of each branch bears a tuft of narrow leaves 
growing in whorls joined together into a short sheathing section at 
their bases. The cream-colored flower heads grow in clusters. It is 
distinguished from the other species of Wilkesia by having shorter 
branched stems and fewer shorter leaves per whorl (Carr 1982a, 1999b).
    This species is probably pollinated through outcrossing and is 
probably self-incompatible. Insects are the most likely pollinators. In 
1982, Carr reported that reproduction and seedling establishment were 
occurring and appeared sufficient to sustain the populations. Flowering 
has been observed most often in the winter months, but also during 
June. Fruits may be dispersed when they stick to the feathers of birds. 
Densities reach one plant per sq m (approximately one sq yard) in 
localized areas, and hybridization with Wilkesia gymnoxiphium may be 
occurring (Carr 1982a).
    First collected in 1968 on Polihale Ridge, Kauai, this species was 
not formally described until 1971 (St. John 1971). Currently, there are 
nine occurrences with a total of 406 to 471 individuals. This species 
occurs on State-owned lands within the Hono o Na Pali NAR, Na Pali 
Coast State Park, and Puu Ka Pele Forest Reserve and on land under 
Federal jurisdiction within the Pacific Missile Range Facility (PMRF) 
at Makaha Ridge. The plants occur in Milolii Valley, Makaha Ridge, 
Haeleele Ridge, Kaaweiki Ridge, Polihale Spring, Pohakumano, and 
Pohakuao (GDSI 2000; HINHP Database 2000).
    Wilkesia hobdyi grows on coastal dry cliffs or very dry ridges at 
elevations between 12 and 685 m (40 and 2,246 ft). The associated 
native plant species include Artemisia australis, Dodonaea viscosa, 
Eragrostis variabilis, Hibiscus kokio ssp. saint johnianus, Lipochaeta 
connata, Lobelia niihauensis, Myoporum sandwicense, Peperomia blanda 
(ala ala wai nui), Peperomia tetraphylla (ala ala wai nui), Peperomia 
spp., Peucedanum sandwicense, Psydrax odorata, Sida fallax, Waltheria 
indica (uhaloa), or Wilkesia gymnoxiphium (Service 1995; Wagner et al. 
1999; 57 FR 27859; K. Wood, pers. comm., 2001).
    The greatest immediate threats to the survival of this species are 
habitat disturbance and browsing by feral goats. Although the low 
number of individuals and their restricted habitat could be considered 
a potential threat to the survival to the species, the plant appears to 
have vigorous reproduction and may survive indefinitely if goats were 
eliminated from its habitat. Fire and extinction through naturally 
occurring events, such as landslides or hurricanes, could also be 
threats to the survival of the species (Service 1995; 57 FR 27859).
Xylosma crenatum (NCN)
    Xylosma crenatum is a dioecious (plant bears only male or female 
flowers, and must cross-pollinate with another plant to produce viable 
seed) long-lived perennial tree in the flacourtia family 
(Flacourtiaceae). The tree grows up to 14 m (45 ft) tall and has dark 
gray bark. More coarsely toothed leaf edges and hairy undersides of the 
leaves distinguish X. crenatum from the other Hawaiian member of this 
genus (Wagner et al. 1999).
    Little is known about the life history of Xylosma crenatum. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Xylosma crenatum was known from three occurrences on 
Kauai: along upper Nualolo Trail and along Mohihi Road between 
Waiakoali and Mohihi drainages. Currently, this species is extant on 
State-owned land in Kainamanu, Nualolo Trail, and Mohihi Valley within 
Kokee State Park, Kuia NAR, and Na Pali-Kona Forest Reserve. There are 
three occurrences with a total of 16 individual plants (GDSI 2000; 
HINHP Database 2000; Service 1995; 57 FR 20580).
    Xylosma crenatum is known from diverse Acacia koa-Metrosideros 
polymorpha montane mesic or wet forest, or M. polymorpha-Dicranopteris 
linearis montane wet forest, at elevations between 936 and 1,284 m 
(3,070 and 4,212 ft). Associated native plant species include Athyrium 
sandwicensis, Cheirodendron spp., Claoxylon sandwicense, Coprosma spp., 
Cyanea spp. (haha), Diplazium sandwichianum, Dubautia knudsenii, 
Hedyotis spp., Ilex anomala, Lobelia yuccoides, Myrsine spp., Nestegis 
sandwicensis, Perrottetia sandwicensis, Pleomele aurea, Poa 
sandvicensis, Pouteria sandwicensis, Psychotria spp., Scaevola procera, 
Streblus pendulinus, Tetraplasandra spp., Touchardia latifolia, or 
Zanthoxylum dipetalum (HINHP Database 2000; Service 1995; 57 FR 20580; 
K. Wood, pers. comm., 2001).
    The small number of individuals and scattered distribution make 
this species vulnerable to human or natural environmental disturbance. 
Xylosma crenatum is also threatened by competition from nonnative 
plants, particularly Psidium guajava. In addition, feral pigs may 
threaten this species (HINHP Database 2000; Service 1995; 57 FR 20580).

Multi-Island Species

Acaena exigua (liliwai)
    Acaena exigua is a small perennial rosette herb in the rose family 
(Rosaceae) with narrow, fern-like, divided leaves. It is distinguished 
from the other Hawaiian rose family members by its lack of petals and 
by its urn-

[[Page 9137]]

shaped, constricted receptacle (top of flower stem where floral parts 
are attached) that encloses the carpels (ovule-bearing floral part) 
(Wagner et al. 1999).
    Little is known about the life history of Acaena exigua. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997).
    Historically, Acaena exigua was known from Puu Kukui on West Maui 
and from Mount Waialeale on Kauai. On Kauai, A. exigua was last 
collected between 1869 and 1870, and has not been seen in the wild 
since (Wagner et al. 1999).
    Acaena exigua is known only from sites with extensive cloud cover 
and moderate to strong winds in wet montane shrub bog or bog margins 
characterized by a thick peat substrate overlying an impervious clay 
substrate, with hummocks of sedges and grasses, stunted trees, and 
shrubs and elevations between 666 and 1,598 m (2,185 and 5,244 ft). 
Associated native plant species include Deschampsia nubigena (hair 
grass), Dichanthelium cynodon (NCN), Dichanthelium hillebrandianum 
(NCN), Dichanthelium isachnoides (NCN), Dubautia spp., Melicope spp., 
Metrosideros polymorpha, Oreobolus furcatus (NCN), or Vaccinium spp. 
(K. Wood, pers. comm., 2001).
    The reason for the disappearance of this species is not known. 
Although impacts from herbivory and rooting by pigs are assumed and 
often cited, feral pigs have become established at Waialeale (Kauai) 
only within the past two decades. The main current threats to Acaena 
exigua, if it exists, are believed to include small population size; 
human impacts (collecting and site degradation); potentially 
consumption of vegetative or floral parts of this species by nonnative 
slugs and/or rats; predation and habitat disturbance by feral pigs; and 
nonnative plant species, especially Juncus planifolius (57 FR 20772).
Achyranthes mutica (NCN)
    Achyranthes mutica, a member of the amaranth family (Amaranthaceae) 
and a short-lived perennial, is a many-branched shrub with egg-shaped 
leaves and stalkless flowers. This species is distinguished from others 
in the genus by the shape and size of the sepals and by characteristics 
of the spike, which is short and congested (Wagner et al. 1999).
    Historically, Achyranthes mutica was known from three collections 
from opposite ends of the main archipelago: Kauai and Hawaii. 
Currently, this species is known only from Hawaii Island, from Kilohana 
Gulch on private land. It was last observed on Kauai in the 1850s (GDSI 
2000; HINHP Database 2000; 61 FR 53108).
    Nothing is known of the preferred habitat of or native plant 
species associated with Achyranthes mutica on the island of Kauai.
    Nothing is known of the threats to Achyranthes mutica on the island 
of Kauai.
Adenophorus periens (pendent kihi fern)
    Adenophorus periens, a member of the grammitis family 
(Grammitidaceae), is a small, pendent, epiphytic (not rooted on the 
ground) fern. This species differs from other species in this endemic 
Hawaiian genus by having hairs along the pinna (a leaflet) margins, by 
the pinnae being at right angles to the midrib axis, by the placement 
of the sori on the pinnae, and the degree of dissection of each pinna 
(Linney 1989).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in closed canopy dense forest with high 
humidity. Its breeding system is unknown, but outbreeding is very 
likely to be the predominant mode of reproduction. Spores are dispersed 
by wind, possibly by water, and perhaps on the feet of birds or 
insects. Spores lack a thick resistant coat which may indicate their 
longevity is brief, probably measured in days at most. Due to the weak 
differences between the seasons, there seems to be no evidence of 
seasonality in growth or reproduction. Additional information on 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is not known (Linney 1989).
    Historically, Adenophorus periens was reported from Kauai, Oahu, 
Lanai, Maui, and the island of Hawaii. Currently, it is known from 
several locations on Kauai, Molokai, and Hawaii (HINHP Database 2000). 
On Kauai, there is a total of seven occurrences on private and State-
owned lands (Halelea Forest Reserve, Hono o Na Pali NAR, and Kealia 
Forest Reserve), with approximately 59 individuals, that occur at 
Pihea, Pali Eleele, Waioli Valley, Mount Namahana, Lumahai Valley, 
Wainiha Valley, and Kapalaoa (GDSI 2000; HINHP Database 2000; 59 FR 
56333;).
    This epiphytic species usually growing on Metrosideros polymorpha 
trunks, is found in riparian banks of stream systems in well-developed, 
closed canopy that provides deep shade or high humidity in M. 
polymorpha-Cibotium glaucum lowland wet forests, open M. polymorpha 
montane wet forest, or M. polymorpha-Dicranopteris linearis lowland wet 
forest at elevations between 107 and 1,593 m (351 and 5,228 ft). 
Associated native plant species include Antidesma platyphyllum, 
Athyrium sandwichianum, Broussaisia arguta, Cheirodendron trigynum, 
Cyanea spp., Cyrtandra spp., Dicranopteris linearis, Freycinetia 
arborea, Hedyotis terminalis, Labordia hirtella, Machaerina 
angustifolia, Psychotria hexandra, Psychotria spp., Syzygium 
sandwicensis, or Tetraplasandra oahuensis (Linney 1989; 59 FR 56333; K. 
Wood, pers. comm., 2001).
    The threats to this species on Kauai include habitat degradation by 
feral pigs and goats and competition with the nonnative plant Psidium 
cattleianum (HINHP Database 2000; 59 FR 56333).
Alectryon macrococcus var. macrococcus (mahoe)
    Alectryon macrococcus, a member of the soapberry family 
(Sapindaceae), consists of two varieties, macrococcus and auwahiensis, 
both trees with reddish-brown branches and leaves with one to five 
pairs of sometimes asymmetrical egg-shaped leaflets. The underside of 
the leaf has dense brown hairs, persistent in A. macrococcus var. 
auwahiensis, but only on leaves of young A. macrococcus var. 
macrococcus plants. The only member of its genus found in Hawaii, this 
species is distinguished from other Hawaiian members of its family by 
being a tree with a hard fruit 2.3 cm (0.9 in) or more in diameter 
(Wagner et al. 1999).
    Alectryon macrococcus is a relatively slow-growing, long-lived tree 
that grows in xeric to mesic sites and is adapted to periodic drought. 
Little else is known about the life history of Alectryon macrococcus. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, and specific environmental requirements are unknown (Service 
1997).
    Alectryon macrococcus var. macrococcus historically and currently 
occurs on Kauai, Oahu, Molokai and Maui. On Kauai, A. macrococcus var. 
macrococcus occurs on State-owned land in the Alakai Wilderness 
Preserve, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and 
Puu Ka Pele Forest Reserve. A total of 18 occurrences of 159 to 174 
individuals is known from Kalalau Valley, Kipalau Valley, Haeleele 
Valley, Waimea Canyon, Hipalau Valley, and Kawaiiki Falls (GDSI 2000; 
K. Wood, in litt. 1999). Alectryon macrococcus var. auwahiensis is 
found

[[Page 9138]]

only on leeward east Maui (HINHP Database 2000; Medeiros et al. 1986).
    The habitat of Alectryon macrococcus var. macrococcus on Kauai is 
Diospyros spp.-Metrosideros polymorpha lowland mesic forest, M. 
polymorpha mixed mesic forest, or Diospyros spp. mixed mesic forest on 
dry slopes or in gulches, at elevations between 341 and 954 m (1,120 
and 3,129 ft). Associated native plant species include Acacia koa, 
Alyxia oliviformis, Antidesma spp., Bobea timonioides, Caesalpinia 
kavaiense (uhiuhi), Canavalia spp. (awikiwiki), Carex meyenii, Carex 
wahuensis, Doodia kunthiana, Hibiscus waimeae, Kokia kauaiensis, 
Melicope knudsenii (alani), Microlepia strigosa, Munroidendron 
racemosum, Myrsine lanaiensis, Nesoluma polynesicum, Nestegis 
sandwicensis, Pisonia spp., Pleomele aurea, Pouteria sandwicensis, 
Psychotria spp., Psydrax odorata, Pteralyxia kauaiensis, Rauvolfia 
sandwicensis, Streblus pendulinus, Tetraplasandra spp., Xylosma spp., 
or Zanthoxylum spp. (HINHP Database 2000; 57 FR 20772; K. Wood, pers. 
comm., 2001).
    Alectryon macrococcus var. macrococcus on Kauai is threatened by 
feral goats and pigs; the nonnative plant species Melinis minutiflora, 
Psidium cattleianum, or Schinus terebinthifolius (Christmasberry); 
damage from the black twig borer; seed predation by rats and mice; 
fire; depressed reproductive vigor; seed predation by insects (probably 
the endemic microlepidopteran Prays cf. fulvocanella); loss of 
pollinators; and, due to the small remaining number of individuals and 
their limited distribution, natural or human-caused environmental 
disturbances that could easily be catastrophic (57 FR 20772).
Bonamia menziesii (NCN)
    Bonamia menziesii, a member of the morning-glory 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, and rounder leaves (Austin 
1999).
    Little is known about the life history of Bonamia menziesii. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Bonamia menziesii was known from the following 
general areas: scattered locations on Kauai, the Waianae Mountains of 
Oahu, scattered locations on Molokai, one location on West Maui, and 
eastern Hawaii. Currently, it is known from Kauai, Oahu, Lanai, Maui, 
and Hawaii. On Kauai, there are nine occurrences with 36 individuals on 
State (Alakai Wilderness Preserve, Hono o Na Pali NAR, Lihue-Koloa 
Forest Reserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve) and privately owned lands in Waiahuakua, Kalalau Valley, 
Awaawapuhi Valley, Paaiki Valley, Kipalau Valley, Hulua, Wahiawa Falls, 
and Laauhihaihai (GDSI 2000; HINHP Database 2000; Service 1999; K. 
Wood, in litt. 1999).
    Bonamia menziesii is found in dry, mesic, or wet Metrosideros 
polymorpha-Cheirodendron-Dicranopteris forest at elevations between 351 
and 1,415 m (1,151 and 4,644 ft). Associated native plant species 
include Acacia koa, Alphitonia ponderosa, Antidesma platyphyllum, 
Cyanea spp., Cyrtandra limahuliensis, Cyrtandra pickeringii, Dianella 
sandwicensis, Diospyros sandwicensis, Dodonaea viscosa, Dubautia 
knudsenii, Hedyotis terminalis, Isodendrion longifolium, Labordia 
hirtella, Melicope anisata, Melicope barbigera (uahiapele), Myoporum 
sandwicense, Nestegis sandwicensis, Pisonia spp., Pittosporum spp., 
Pouteria sandwicensis, Psychotria hexandra, Psychotria mariniana, 
Psydrax odorata, Sapindus oahuensis, Scaevola procera, or Syzygium 
sandwicensis (HINHP Database 2000; Service 1999; K. Wood, pers. comm., 
2001).
    The primary threats to this species on Kauai include habitat 
degradation and possible predation by feral pigs and goats, deer, and 
cattle; competition with a variety of nonnative plants; and fire (59 FR 
56333).
Centaurium sebaeoides (awiwi)
    Centaurium sebaeoides, a member of the gentian family 
(Gentianaceae), is an annual herb with fleshy leaves and stalkless 
flowers. This species is distinguished from C. erythraea (bitter herb), 
which is naturalized in Hawaii, by its fleshy leaves and the unbranched 
arrangement of the flower cluster (Wagner et al. 1999).
    Centaurium sebaeoides has been observed flowering in April. It is 
possible that heavy rainfall induces flowering. Populations are found 
in dry areas, and plants are more likely to be found following heavy 
rains. Little else is known about the life history of C. sebaeoides. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically and currently, Centaurium sebaeoides is known from 
scattered localities on the islands of Kauai, Oahu, Molokai, Lanai, and 
Maui. Currently on Kauai, there are a total of three occurrences with 
approximately 22 to 52 individuals on State-owned land. This species is 
found at Puanaiea Point, the caves at Nakeikionaiwi, and Pohakuao 
within the Na Pali Coast State Park (GDSI 2000; HINHP Database 2000).
    Centaurium sebaeoides typically grows in volcanic or clay soils or 
on cliffs in arid coastal areas at elevations between 0 and 147 m (0 
and 483 ft). Associated native plant species include Artemisia spp. 
(hinahina), Bidens spp., Chamaesyce celastroides, Cyperus phleoides, 
Dodonaea viscosa, Fimbristylis cymosa (mauu akiaki), Heteropogon 
contortus, Jacquemontia ovalifolia (pauohiiaka), Lipochaeta spp., 
Lycium sandwicense, Lysimachia mauritiana (kolokolo kuahiwi), 
Melanthera integrifolia (nehe), Panicum fauriei (NCN), P. torridum 
(kakonakona), Scaevola sericea, Sida fallax, or Wikstroemia uva-ursi 
(akia) (56 FR 55770; K. Wood, pers. comm., 2001).
    The major threats to this species on Kauai include habitat 
degradation by feral goats and cattle; competition from the nonnative 
plant species Casuarina equisetifolia (ironwood), Casuarina glauca 
(saltmarsh), Leucaena leucocephala, Prosopis pallida (kiawe), Schinus 
terebinthifolius, Syzygium cumini (Java plum), and Tournefortia 
argentea (tree heliotrope); trampling by humans on or near trails; and 
fire (Medeiros et al. 1999; Service 1999; 56 FR 55770).
Ctenitis squamigera (pauoa)
    Ctenitis squamigera is a short-lived perennial fern of the 
spleenwort family (Aspleniaceae). Ctenitis squamigera can be readily 
distinguished from other Hawaiian species of Ctenitis by the dense 
covering of tan-colored scales on its frond (Degener and Degener 1957; 
Wagner and Wagner 1992).
    Little is known about the life history of Ctenitis squamigera. Its 
reproduction cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998c).
    Historically, Ctenitis squamigera was recorded from the islands of 
Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii. It is currently found on 
Oahu, Lanai, Molokai, and Maui. It was last seen on Kauai in 1896 
(HINHP Database 2000).
    This species is found on rock faces in gulches in the forest 
understory at

[[Page 9139]]

elevations between 538 and 1,069 m (1,765 and 3,507 ft), in 
Metrosideros polymorpha-Diospyros spp. mesic forest and diverse mesic 
forest. Associated native plant species include Myrsine spp., 
Psychotria spp., and Xylosma spp. (HINHP Database 2000; Service 1998a; 
K. Wood, pers. comm., 2001).
    The primary threats to Ctenitis squamigera are habitat degradation 
by feral pigs and goats, competition with nonnative plant species, 
especially Psidium cattleianum or Schinus terebinthifolius; fire; and 
extinction from naturally occurring events due to the small number of 
existing populations and individuals (Service 1998a).
Cyperus trachysanthos (puukaa)
    Cyperus trachysanthos, a member of the sedge family (Cyperaceae), 
is a perennial grass-like plant with a short rhizome. The culms are 
densely tufted, obtusely triangular in cross section, tall, sticky, and 
leafy at the base. This species is distinguished from others in the 
genus by the short rhizome, the leaf sheath with partitions at the 
nodes, the shape of the glumes (bract below each flower), and the 
length of the culms (Koyama 1999).
    Little is known about the life history of Cyperus trachysanthos. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Cyperus trachysanthos was known on Niihau, Kauai, and 
scattered locations on Oahu, Molokai, and Lanai. It was last observed 
on Molokai in 1912 and on Lanai in 1919. Currently, this species is 
reported from Nualolo Valley on Kauai on State-owned land and west of 
Mokouia Valley on the privately owned island of Niihau. There is one 
known occurrence with about 300 individuals on the island of Kauai and 
an unknown number of individuals on Niihau (GDSI 2000; HINHP Database 
2000).
    Cyperus trachysanthos is usually found in wet sites (mud flats, wet 
clay soil, or wet cliff seeps) on seepy flats or talus slopes at 
elevations between 0 and 235 m (0 and 771 ft). Talipariti tiliaceum 
(hau) is often found in association with this species (Koyama 1999; 61 
FR 53108; K. Wood, pers. comm., 2001).
    On Kauai, the threats to this species are the loss of wetlands and 
a risk of extinction from naturally occurring events, such as 
landslides or hurricanes, due to the small number of populations. The 
threats on Niihau are unknown (Service 1999; 61 FR 53108).
Delissea undulata (NCN)
    Delissea undulata, a member of the bellflower family 
(Campanulaceae), is an unbranched, palm-like, woody-stemmed perennial 
tree, with a dense cluster of leaves at the tip of the stem. One or two 
knob-like structures often occur on the back of the flower tube. The 
three recognized subspecies are distinguishable on the basis of leaf 
shape and margin characters: in D. undulata ssp. kauaiensis, the leaf 
blades are oval and have a flat margin with sharp teeth; in D. undulata 
ssp. niihauensis, the leaf blades are heart-shaped and have a flat 
margin with shallow, rounded teeth; and in D. undulata ssp. undulata, 
the leaf blades are elliptic to lance-shaped and have a wavy margin 
with small, sharply pointed teeth. This species is separated from the 
other closely related members of the genus by its large flowers and 
berries and broad leaf bases (Lammers 1990).
    On the island of Hawaii, Delissea undulata ssp. undulata has been 
observed in flower and fruit (immature) in August and outplanted 
individuals have been observed in flower in July. Little else is known 
about the life history of Delissea undulata. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1996; 61 FR 53124).
    Historically and currently, Delissea undulata ssp. kauaiensis is 
known only from Kauai. Currently, there is one known occurrence of 
three individuals on State-owned land in Kuia Valley within the Kuia 
NAR. Delissea undulata ssp. niihauensis was known only from Niihau, but 
has not been seen since 1865. Delissea undulata ssp. undulata was known 
from southwestern Maui and western Hawaii. Currently, this variety 
occurs only on the island of Hawaii (GDSI 2000; HINHP Database 2000; 
Lammers 1999; 61 FR 53124; K. Wood, in litt. 1999).
    Delissea undulata ssp. kauaiensis occurs in dry or open Acacia koa-
Metrosideros polymorpha mesic forests or Alphitonia ponderosa montane 
forest at elevations between 139 and 1,006 m (456 and 3,299 ft). 
Associated native species include Diospyros sandwicensis, Dodonaea 
viscosa, Doodia kunthiana, Eragrostis variabilis, Euphorbia 
haeleeleana, Kokia kauaiensis, Microlepia strigosa, Panicum spp., 
Pleomele aurea, Psychotria greenwelliae, Psychotria mariniana, and 
Santalum freycinetianum (K. Wood, pers. comm., 2001).
    The threats to this subspecies on Kauai are feral goats, pigs, and 
cattle; small population size; competition with the nonnative plants 
Delairea odorata (German ivy) and Passiflora tarminiana; fire; 
introduced slugs; seed predation by rats and introduced game birds; and 
a risk of extinction due to random naturally occurring events, such as 
landslides or hurricanes (Service 1996).
Diellia erecta (asplenium-leaved diellia)
    Diellia erecta, a short-lived perennial fern in the spleenwort 
family (Aspleniaceae), grows in tufts of three to nine lance-shaped 

fronds emerging from a rhizome covered with brown to dark gray scales. 
This species differs from other members of the genus in having large 
brown or dark gray scales, fused or separate sori along both margins of 
the pinna, shiny black midribs that have a hardened surface, and veins 
that do not usually encircle the sori (Degener and Greenwell 1950; 
Wagner 1952).
    Little is known about the life history of Diellia erecta. Its 
reproduction cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999).
    Historically, Diellia erecta was known on Kauai, Oahu, Molokai, 
Lanai, scattered locations on Maui, and various locations on the island 
of Hawaii. Currently, it is known from Molokai, Maui, and Hawaii and 
has recently been rediscovered on Kauai. On Kauai there is one known 
occurrence with 30 individuals in Kawaiiki Valley on State-owned land 
within the Na Pali-Kona Forest Reserve (Service 1999; HINHP Database 
2000).
    This species is found in brown granular soil with leaf litter and 
occasional terrestrial moss on north-facing slopes in deep shade on 
steep slopes or gulch bottoms in Metrosideros polymorpha-Dicranopteris 
linearis wet forest or M. polymorpha mixed mesic forest with Acacia koa 
and Acacia koaia as co-dominants, at elevations between 655 and 1,224 m 
(2,149 and 4,016 ft). Associated native plant species include Asplenium 
aethiopicum (NCN), Asplenium contiguum (NCN), Asplenium macraei (NCN), 
Coprosma spp., Dodonaea viscosa, Dryopteris fusco-atra (ii), Dryopteris 
unidentata, Hedyotis terminalis, Leptecophylla tameiameiae, Melicope 
spp., Microlepia strigosa, Myrsine spp., Nestegis sandwicensis, 
Psychotria spp., Syzygium sandwicensis, or Wikstroemia spp. (HINHP 
Database 2000; Service 1999; K. Wood, pers. comm., 2001).
    The major threats to Diellia erecta on Kauai are habitat 
degradation by pigs and goats; competition with nonnative

[[Page 9140]]

plant species, including Blechnum occidentale, Cyperus meyenianus 
(NCN), Grevillea robusta (silk oak), Lantana camara, Morella faya, 
Passiflora tarminiana, Rubus argutus, or Setaria palmifolia (palm 
grass); and random naturally occurring events that could cause 
extinction and/or reduced reproductive vigor due to the small number of 
existing individuals (Service 1996; 59 FR 56333).
Diplazium molokaiense (NCN)
    Diplazium molokaiense, a short-lived perennial member of the 
woodfern family (Dryopteridaceae), has a short prostrate rhizome and 
green or straw-colored leaf stalks with thin-textured fronds. This 
species can be distinguished from other species of Diplazium in the 
Hawaiian Islands by a combination of characteristics, including 
venation pattern, the length and arrangement of the sori, frond shape, 
and the degree of dissection of the frond (Wagner and Wagner 1992).

    Little is known about the life history of Diplazium molokaiense. 
Its reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998c).
    Historically, Diplazium molokaiense was found on Kauai, Oahu, 
Molokai, Lanai, and Maui. Currently, this species is only known from 
Maui. It was last seen on Kauai in 1909 (HINHP Database 2000).
    This species occurs in brown soil with basalt outcrops near 
waterfalls in lowland or montane mesic Metrosideros polymorpha-Acacia 
koa forest at elevations between 476 and 1,284 m (1,562 and 4,212 ft) 
(HINHP Database 2000; Service 1998a; K. Wood, pers. comm., 2001).
    The primary threats on Kauai are habitat degradation by feral goats 
and pigs and competition with nonnative plant species (HINHP Database 
2000; Service 1998a; 59 FR 49025).
Euphorbia haeleeleana (akoko)
    Euphorbia haeleeleana, a member of the spurge family 
(Euphorbiaceae), is a dioecious tree with alternate papery leaves. This 
short-lived perennial species is distinguished from others in the genus 
in that it is a tree and by the large leaves with prominent veins 
(Wagner et al. 1999).
    Individual trees of Euphorbia haeleeleana bear only male or female 
flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Euphorbia haeleeleana sets fruit between August and 
October. Little else is known about the life history of this species. 
Reproductive cycles, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999; Wagner et al. 1999).
    Euphorbia haeleeleana is known historically and currently from 
northwestern Kauai and the Waianae Mountains of Oahu. On Kauai, there 
is a total of 23 occurrences with 597 individuals occurring on State-
owned land. It is found at Pohakuao, Kalalau Valley, Hipalau Valley, 
Koaie Canyon, Mahanaloa Valley, Kuia Valley, Poopooiki Valley, Nualolo 
Trail, Makaha Valley, and Haeleele Valley within the Kuia NAR, Na Pali 
Coast State Park, Na Pali-Kona Forest Reserve, and Puu Ka Pele Forest 
Reserve (HINHP Database 2000; Service 1999; 61 FR 53108; K. Wood, in 
litt. 1999;).
    Euphorbia haeleeleana is usually found in lowland mixed mesic or 
dry Diospyros forest that is often codominated by Metrosideros 
polymorpha and Alphitonia ponderosa. This plant is typically found at 
elevations between 284 and 1,178 m (931 and 3,866 ft). Associated 
native plant species include Acacia koaia, Antidesma platyphyllum, 
Carex meyenii, Carex wahuensis, Claoxylon sandwicense, Diplazium 
sandwichianum, Dodonaea viscosa, Erythrina sandwicensis, Kokia 
kauaiensis, Pisonia sandwicensis, Pleomele aurea, Pouteria 
sandwicensis, Psychotria greenwelliae, Psychotria mariniana, Pteralyxia 
kauaiensis, Rauvolfia sandwicensis, Sapindus oahuensis, Tetraplasandra 
kavaiensis, or Xylosma spp. (61 FR 53108; K. Wood, pers. comm., 2001).
    Threats to this species on Kauai include habitat degradation and 
destruction by deer, feral goats, and pigs; seed predation by rats; 
fire; and competition with nonnative plants (Service 1999; 61 FR 
53108).
Flueggea neowawraea (mehamehame)
    Flueggea neowawraea, a member of the spurge family (Euphorbiaceae), 
is a large dioecious tree with white oblong pores covering its scaly, 
pale brown bark. This long-lived perennial species is the only member 
of the genus found in Hawaii and can be distinguished from similar 
Hawaiian species in the family by its hairless whitish lower leaf 
surfaces and round fruits (Hayden 1999; Linney 1982; Neal 1965; Service 
1999).
    Individual trees of Flueggea neowawraea bear only male or female 
flowers, and must be cross-pollinated from a different tree to produce 
viable seed. Little else is known about the life history of this 
species. Reproductive cycles, longevity, specific environmental 
requirements, and limiting factors are unknown (Hayden 1999).
    Historically, Flueggea neowawraea was known from Kauai, Oahu, Maui, 
Molokai, and the island of Hawaii. Currently, it is known from Kauai, 
Oahu, east Maui, and Hawaii. On Kauai, this species is reported from 
Limahuli Valley, Pohakuao, the left branch of Kalalau Valley, Kuia and 
Paaiki Valleys, Kipalau Valley, Koaie Falls, Kawaiiki Valley, and 
Waimea Canyon. There are 10 occurrences with 62 known individuals 
occurring on State (Alakai Wilderness Preserve, Na Pali Coast State 
Park, and Na Pali-Kona Forest Reserve) and privately owned lands. 
However, it has been estimated that the total number of individuals may 
be slightly over 100 (GDSI 2000; HINHP Database 2000; Hayden 1999; 
Service 1999; K. Wood, in litt. 1999).
    Flueggea neowawraea occurs in dry or mesic forests at elevations 
between 210 and 1,178 m (689 and 3,865 ft). Associated native plant 
species include Alectryon macrococcus, Antidesma platyphyllum, Bidens 
sandvicensis, Bobea timonioides, Caesalpinia kavaiensis, Charpentiera 
spp., Diospyros spp., Diplazium sandwichianum, Freycinetia arborea, 
Hibiscus spp., Isodendrion laurifolium, Kokia kauaiensis, Melicope 
spp., Metrosideros polymorpha, Munroidendron racemosum, Myrsine 
lanaiensis, Nesoluma polynesicum, Nestegis sandwicensis, Tetraplasandra 
spp., Pittosporum spp., Pouteria sandwicensis, Pritchardia minor, 
Psychotria spp., Psydrax odorata, Pteralyxia kauaiensis, Rauvolfia 
sandwicensis, Streblus pendulinus, Xylosma crenatum, or Xylosma 
hawaiiense (HINHP Database 2000; Service 1999; 59 FR 56333; K. Wood, 
pers. comm., 2001).
    The threats to this species on Kauai include the black twig borer; 
habitat degradation by feral pigs, goats, deer, and cattle; competition 
with nonnative plant species; fire; small population size; depressed 
reproductive vigor; and a potential threat of fruit predation by rats 
(HINHP Database 2000; Service 1999; 59 FR 56333).
Gouania meyenii (NCN)
    Gouania meyenii, a member of the buckthorn family (Rhamnaceae), is 
a shrub with papery leaves with smooth margins. This short-lived 
perennial species is distinguished from the two other Hawaiian species 
of Gouania by its lack of tendrils on the flowering branches, the 
absence of teeth on the leaves, and the lack or small amount of hair on 
the fruit (Wagner et al. 1999).

[[Page 9141]]

    Gouania meyenii flowers from March to May. Seed capsules develop in 
about 6 to 8 weeks. Plants appear to live about 10 to 18 years in the 
wild. Little else is known about the life history of Gouania meyenii. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998b).
    Historically, Gouania meyenii was known only from Oahu. It was 
discovered on Kauai in 1993. Currently, this species is found on Oahu 
and on Kauai on State-owned land within the Na Pali Coast State Park 
and the Na Pali-Kona Forest Reserve. There is a total of three 
occurrences on Kauai with nine individuals found in Kalalau and Hipalau 
valleys (GDSI 2000; HINHP Database 2000; Wagner et al. 1999; 56 FR 
55770).
    This species typically grows on rocky ledges, cliff faces, and 
ridge tops in dry shrubland or Metrosideros polymorpha lowland diverse 
mesic forest at elevations between 375 and 1,179 m (1,231 and 3,867 
ft). Associated native plant species include Bidens spp., Carex 
meyenii, Chamaesyce spp., Diospyros spp., Dodonaea viscosa, Eragrostis 
variabilis, Euphorbia haeleeleana, Hedyotis spp., Hibiscadelphus spp., 
Lysimachia spp., Melicope pallida, Neraudia kauaiensis, Nestegis 
sandwicensis, Nototrichium divaricatum, Panicum lineale, Poa mannii, 
Psychotria spp., Senna gaudichaudii (kolomona), or Wilkesia 
gymnoxiphium (HINHP Database 2000; 56 FR 55770; K. Wood, pers. comm., 
2001).
    Threats to Gouania meyenii on Kauai include competition from the 
nonnative plants Melinis minutiflora, Psidium cattleianum, or Schinus 
terebinthifolius; fire; habitat degradation by feral pigs and goats; 
and the small number of extant populations and individuals (Service 
1998b; 56 FR 55770).
Hedyotis cookiana (awiwi)
    Hedyotis cookiana, a member of the coffee family (Rubiaceae), is a 
small shrub with many branches and papery-textured leaves which are 
fused at the base to form a sheath around the stem. This short-lived 
perennial species is distinguished from other species in the genus that 
grow on Kauai by being entirely hairless (Wagner et al. 1999).
    Little is known about the life history of Hedyotis cookiana. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Hedyotis cookiana was known from the islands of 
Hawaii, Kauai, Molokai, and Oahu. Currently, it is only known from one 
occurrence of 60 to 80 individuals on State-owned land within Hono O Na 
Pali NAR in Waiahuakua Valley on Kauai (GDSI 2000; HINHP Database 
2000).
    This species generally grows in streambeds or on steep cliffs close 
to water sources in relict Metrosideros polymorpha lowland mesic and 
lowland wet forest communities at elevations between 119 and 553 m (392 
and 1,814 ft). Associated native plant species include Boehmeria 
grandis, Chamaesyce celastroides var. hanapepensis, Hibiscus kokio ssp. 
saintjohnianus, Machaerina angustifolia, Nototrichium sandwicense, 
Pipturus kauaiensis (mamaki), Pleomele aurea, Pouteria sandwicensis, 
Psydrax odorata, or Rauvolfia sandwicensis (Wagner et al. 1999; K. 
Wood, pers. comm., 2001).
    The threats to this species on Kauai are risk of extinction from 
naturally occurring events, such as landslides or hurricanes, and/or 
reduced reproductive vigor due to the small number of individuals in 
the only known population; flooding; competition with nonnative plants; 
and habitat modification by feral pigs and goats (HINHP Database 2000; 
Service 1995; 59 FR 9304).
Hibiscus brackenridgei (mao hau hele)
    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 elliptical scar. Two subspecies are currently recognized, 
Hibiscus brackenridgei ssp. brackenridgei and H. brackenridgei ssp. 
mokuleianus (Bates 1990).
    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. Little else 
is known about the life history of this plant. Pollination biology, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Hibiscus brackenridgei was known from the islands of 
Kauai, Oahu, Lanai, Maui, Molokai, Hawaii, and possibly Kahoolawe. 
Currently, Hibiscus brackenridgei ssp. mokuleianus is only known from 
Oahu. Hibiscus brackenridgei ssp. brackenridgei is currently known from 
Lanai, Maui, and the island of Hawaii (Bates 1990; HINHP Database 2000; 
Service 1999).
    Nothing is known of the preferred habitat of or native plant 
species associated with Hibiscus brackenridgei on the island of Kauai.
    Nothing is known of the threats to Hibiscus brackenridgei on the 
island of Kauai.
Ischaemum byrone (Hilo ischaemum)
    Ischaemum byrone, a short-lived perennial member of the grass 
family (Poaceae), has creeping underground and erect stems. Ischaemum 
byrone can be distinguished from other Hawaiian grasses by its tough 
outer flower bracts, dissimilar basic flower units, which are awned and 
two-flowered, and a two-or three-tiered inflorescence (O'Connor 1999).
    Additional information on the life history of this plant, its 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is generally unknown (Service 1996).
    Historically, Ischaemum byrone was reported from Oahu, Molokai, 
East Maui, Kauai and the island of Hawaii. Currently, this species is 
found on Molokai, Hawaii, Maui, and recently rediscovered on the north 
shore of Kauai. On Kauai, there are two occurrences with at least two 
individuals at Kaweonui Point and Kauapea Beach on privately owned land 
(HINHP Database 2000; 59 FR 10305).
    The habitat of Ischaemum byrone is coastal shrubland, near the 
ocean among rocks and seepy cliffs at elevations between 0 and 297 m (0 
and 975 ft). Associated native plant species include Bidens spp., 
Chamaesyce celastroides, Fimbristylis cymosa, Lipochaeta succulenta, 
Lysimachia mauritiana, or Scaevola sericea (HINHP Database 2000; K. 
Wood, pers. comm., 2001).
    Threats to Ischaemum byrone include the invasion of nonnative 
plants, fire, grazing and browsing by feral goats and pigs. Disturbance 
incurred from these ungulates further promotes the introduction and 
establishment of nonnative weeds. Some populations are also threatened 
from residential development (HINHP Database 2000; Service 1996; 59 FR 
10305).
Isodendrion laurifolium (aupaka)
    Isodendrion laurifolium, a member of the violet family (Violaceae), 
is a slender, erect shrub with few branches. The short-lived perennial 
species is distinguished from others in the genus

[[Page 9142]]

by its leathery, oblong-elliptic or narrowly elliptic, lance-shaped 
leaves (Wagner et al. 1999).
    Little is known about the life history of Isodendrion laurifolium. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Isodendrion laurifolium is known from scattered 
locations on Kauai and Oahu. Currently, on Kauai, this species is found 
on State-owned land within the Alakai Wilderness Preserve, Kuia NAR, Na 
Pali-Kona Forest Reserve, and Puu Ka Pele Forest Reserve in the 
following locations: Paaiki, Poopooiki, Kawaiula Valley, Mahanaloa 
Valley, Makaha Valley, Haeleele Valley, Kipalau Valley, Kawaiiki Valley 
and Kaluahaulu Ridge. There are a total of 13 occurrences with 142 to 
154 individuals (GDSI 2000; HINHP Database 2000; Service 1999).
    Isodendrion laurifolium is usually found at elevations between 376 
and 1,163 m (1,233 and 3,817 ft) in diverse mesic forest dominated by 
Metrosideros polymorpha, Acacia koa or Diospyros spp. Associated native 
species include Alphitonia ponderosa, Antidesma spp., Claoxylon 
sandwicense, Dodonaea viscosa, Dubautia spp., Elaeocarpus bifidus, 
Euphorbia haeleeleana, Hedyotis terminalis, Kokia kauaiensis, Melicope 
anisata, Melicope barbigera, Melicope ovata (alani), Melicope 
peduncularis, Myrsine lanaiensis, Nestegis sandwicensis, Pisonia spp., 
Pittosporum glabrum (hoawa), Pleomele aurea, Pouteria sandwicensis, 
Psydrax odorata, Streblus pendulinus, or Xylosma hawaiiense (HINHP 
Database 2000; K. Wood, pers. comm., 2001).
    The primary threats to Isodendrion laurifolium on Kauai are habitat 
degradation by feral goats, pigs and deer and competition with 
nonnative plants (HINHP Database 2000; Service 1999; 61 FR 53108).
Isodendrion longifolium (aupaka)
    Isodendrion longifolium, a member of the violet family (Violaceae), 
is a slender, erect shrub. Hairless, leathery, lance-shaped leaves 
distinguish this species from others in the genus (Wagner et al. 1999).
    Little is known about the life history of Isodendrion longifolium. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically and currently, Isodendrion longifolium is known from 
scattered locations on Kauai and Oahu. On Kauai, this species is 
reported from Limahuli Valley, Hanakapiai, Pohakea, Waioli Valley, the 
left branch of Kalalau Valley, Honopu Valley, Kawaiula Valley, and 
Haupu. There is a total of 15 occurrences on Kauai containing 
approximately 804 to 854 individual plants on State (Halelea Forest 
Reserve, Hono o Na Pali NAR, Kokee State Park, Na Pali Coast State 
Park, and Na Pali-Kona Forest Reserve) and privately owned lands (GDSI 
2000; HINHP Database 2000; Lorence and Flynn 1991, 1993; Service 1999; 
61 FR 53108).
    Isodendrion longifolium is found on steep slopes, gulches, or 
streambanks and some flats in certain undisturbed areas in mesic or wet 
Metrosideros polymorpha-Acacia koa forests, usually at elevations 
between 38 and 1,541 m (125 and 5,057 ft). Associated native plant 
species include Antidesma spp., Bidens spp., Bobea brevipes, 
Cheirodendron spp., Cibotium spp., Cyanea hardyi, Cyrtandra spp., 
Dicranopteris linearis, Diospyros spp., Eugenia reinwardtiana, Hedyotis 
spp., Ilex anomala, Melicope spp., Nestegis sandwicensis, Peperomia 
spp., Perrottetia sandwicensis, Pipturus spp., Pittosporum spp., 
Pritchardia spp., Psychotria spp., Psydrax odorata, or Syzygium 
sandwicensis (HINHP Database 2000; Service 1999; 61 FR 53108; K. Wood, 
pers. comm., 2001).
    The major threats to Isodendrion longifolium on Kauai are habitat 
degradation or destruction by feral goats and pigs, and competition 
with various nonnative plants (HINHP Database 2000; Lorence and Flynn 
1993; Service 1999; 61 FR 53108).
Isodendrion pyrifolium (wahine noho kula)
    Isodendrion pyrifolium, a short-lived perennial of the violet 
family (Violaceae), is a small, branched shrub. It is distinguished 
from other species in the genus by its smaller, green-yellow flowers, 
and hairy stipules and leaf veins (Wagner et al. 1999).
    During periods of drought, this species drops all but the newest 
leaves. After sufficient rain, the plants produce flowers with seeds 
ripening one to two months later. No other life history information is 
currently known for this species (Service 1996).
    Isodendrion pyrifolium is known historically from Niihau, Oahu, 
Molokai, Lanai, Maui, and Hawaii. It is currently found only on the 
island of Hawaii. It was last seen on Niihau in the 1850s (GDSI 2000; 
HINHP Database 2000; Service 1996; 59 FR 10305; Marie Bruegmann, U.S. 
Fish and Wildlife Service, pers. comm., 2000).
    Information on the physical and biological features that are 
essential to the conservation of Isodendrion pyrifolium on the island 
of Niihau is not known.
    Information on the threats of Isodendrion pyrifolium on the island 
of Niihau is not known.
Lobelia niihauensis (NCN)
    Lobelia niihauensis, a member of the bellflower family 
(Campanulaceae), is a small, branched shrub. This short-lived perennial 
species is distinguished from others in the genus by lacking or nearly 
lacking leaf stalks, the width of the leaf, and length of the magenta-
colored flowers (Lammers 1999).
    Lobelia niihauensis flowers in late summer and early fall. Fruits 
mature four to six weeks later. Plants are known to live as long as 20 
years. Little else is known about the life history of Lobelia 
niihauensis. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Service 1998b).
    Historically, Lobelia niihauensis was known from Oahu, Niihau, and 
Kauai. It is now known to be extant only on Kauai and Oahu. On Kauai, 
13 occurrences containing 284 to 2,134 individuals are found on State 
(Hono o Na Pali NAR, Na Pali Coast State Park, Na Pali-Kona Forest 
Reserve, and Puu Ka Pele Forest Reserve) and privately owned lands in 
Limahuli Valley, Hoolulu Valley, Hanakoa Valley, Pohakuao, the left and 
right branches of Kalalau Valley, Koaie Canyon, Kipalau Valley, 
Polihale Spring, Kaaweiki Valley, and Keopaweo (GDSI 2000; HINHP 
Database 2000; Service 1998b).
    Lobelia niihauensis typically grows on exposed, mesic mixed 
shrubland or coastal dry cliffs at elevations between 11 and 887 m (37 
and 2,911 ft). Associated native plant species include Artemisia 
australis, Bidens sandvicensis, Chamaesyce celastroides, Charpentiera 
spp., Eragrostis variabilis, Hibiscus kokio ssp. saint-johnianus, 
Lipochaeta connata var. acris, Lythrum spp. (pukamole), Nototrichium 
spp., Plectranthus parviflorus, Schiedea apokremnos, or Wilkesia hobdyi 
(HINHP Database 2000; Lammers 1999; Service 1998b; K. Wood, pers. 
comm., 2001).
    On Kauai, the major threats to this species are habitat degradation 
and browsing by feral goats and competition from nonnative plants (56 
FR 55770).
Lysimachia filifolia (NCN)
    Lysimachia filifolia, a member of the primrose family 
(Primulaceae), is a

[[Page 9143]]

small shrub. This short-lived perennial species is distinguished from 
other species of the genus by its leaf shape and width, calyx lobe 
shape, and corolla length (Wagner et al. 1999).
    Little is known about the life history of Lysimachia filifolia. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Lysimachia filifolia was known only from the upper 
portion of Olokele Valley on Kauai. This species is now also known from 
Oahu, and the ``Blue Hole'' area of Waialeale, Kauai. There is 
currently one occurrence containing a total of 20 to 75 individuals on 
State-owned land on Kauai within the Lihue-Koloa Forest Reserve (GDSI 
2000; HINHP Database 2000; Service 1995).
    This species typically grows on mossy banks at the base of cliff 
faces within the spray zone of waterfalls or along streams in lowland 
wet forests at elevations between 177 and 1,308 m (581 and 4,290 ft). 
Associated native plant species include Antidesma platyphyllum, Bidens 
valida (kookoolau), Bobea elatior (ahakea lau nui), Chamaesyce remyi 
var kauaiensis (akoko), Cyanea asarifolia, Dubautia plantaginea ssp. 
magnifolia (naenae), Eragrostis variabilis, Machaerina angustifolia, 
Melicope spp., Metrosideros polymorpha, or Panicum lineale (HINHP 
Database 2000; Service 1995; Wagner et al. 1999; 59 FR 9304; K. Wood, 
pers. comm., 2001).
    The major threats to Lysimachia filifolia on Kauai include 
competition with nonnative plant species; habitat degradation by feral 
pigs; and the risk of extinction on Kauai from naturally occurring 
events (e.g., landslides and hurricanes), due to the small number of 
individuals in the only known population (HINHP Database 2000; 59 FR 
9304).

Mariscus pennatiformis (NCN)

    Mariscus pennatiformis, a short-lived member of the sedge family 
(Cyperaceae), is a perennial plant with a woody root system covered 
with brown scales. Mariscus pennatiformis is divided into two 
subspecies, ssp. bryanii and ssp. pennatiformis, which are 
distinguished by the length and width of the spikelets; color, length, 
and width of the glume; and by the shape and length of the fruit. This 
species differs from other members of the genus by its three-sided, 
slightly concave, smooth stems; the length and number of spikelets; the 
leaf width; and the length and diameter of stems (Koyama 1990).
    Mariscus pennatiformis is known to flower from November to December 
after heavy rainfall. Additional information on the life history of 
this plant, reproductive cycles, longevity, specific environmental 
requirements, and limiting factors is generally unknown (Service 1999).
    Historically, Mariscus pennatiformis was known from Kauai, Oahu, 
East Maui, the island of Hawaii, and from Laysan Island in the 
Northwestern Hawaiian Islands). Mariscus pennatiformis ssp. bryanii is 
only known from Laysan Island. Mariscus pennatiformis ssp. 
pennatiformis is currently found only on East Maui. It was last seen on 
Kauai in 1927 (GDSI 2000; HINHP Database 2000; K. Wood, in litt. 
1999;).
    Mariscus pennatiformis is found at elevations between 544 and 1,104 
m (1,785 and 3,621 ft) in open sites in Metrosideros polymorpha-Acacia 
koa mixed mesic forest. Associated native plant species include 
Alsinidendron viscosum, Antidesma platyphyllum var. hillebrandii, Carex 
alligata (NCN), Cyperus laevigatus (makaloa), Dianella sandwicensis, 
Diospyros hillebrandii, Diospyros sandwicensis, Dodonaea viscosa, 
Leptecophylla tameiameiae, Myrsine linearifolia, Nestegis sandwicensis, 
Panicum nephelophilum, Poa sandvicensis, Psydrax odorata, Schiedea 
stellarioides, or endemic ferns (HINHP Database 2000; Koyama 1990; K. 
Wood, pers. comm., 2001).
    Threats to Mariscus pennatiformis on Kauai include grazing and 
habitat destruction caused by ungulates; competition from nonnative 
plant species; and extinction from random naturally occurring events 
(e.g., landslides or hurricanes) (Service 1999; 59 FR 56333).
Melicope knudsenii (alani)
    Melicope knudsenii, a member of the rue family (Rutaceae), is a 
tree with smooth gray bark and yellowish brown to olive-brown hairs on 
the tips of the branches. This long-lived perennial species is 
distinguished from M. haupuensis and other members of the genus by the 
distinct carpels present in the fruit, a hairless endocarp, a larger 
number of flowers per cluster, and the distribution of hairs on the 
underside of the leaves (Stone et al. 1999).
    Little is known about the life history of Melicope knudsenii. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Melicope knudsenii is known from Maui 
and Kauai. On Kauai, this species is known from 10 occurrences on 
State-owned land, with a total of 10 individuals, in Poopooiki Valley, 
Kuia Valley, Mahanaloa Valley, Makaha Ridge, Koaie Canyon, Koaie Falls, 
and Kawaiiki Valley within Kuia NAR and Na Pali-Kona Forest Reserve 
(GDSI 2000; HINHP Database 2000; Service 1995; 59 FR 9304; K. Wood, 
pers. comm., 2001).
    Melicope knudsenii grows on forested flats with brown granular soil 
in lowland dry to montane mesic forests at elevations between 111 and 
1,141 m (364 and 3,745 ft) with Alectryon macrococcus, Antidesma 
platyphylla, Bobea brevipes, Carex meyenii, Cryptocarya mannii, 
Diospyros sandwicensis, Diplazium sandwichianum, Dodonaea viscosa, 
Euphorbia haeleeleana, Gahnia beecheyi (NCN), Hedyotis spp., Hibiscus 
waimeae, Isodendrion laurifolium, Leptecophylla tameiameiae, Melicope 
spp., Metrosideros polymorpha, Myrsine lanaiensis, Nestegis 
sandwicensis, Panicum nephelophilum, Peucedanum sandwicense, Pisonia 
sandwicensis, Pittosporum kauaiensis, Pleomele aurea, Pouteria 
sandwicensis, Pritchardia minor, Psychotria hobdyi, Psydrax odorata, 
Rauvolfia sandwicensis, Remya kauaiensis, Scaevola procera, or Xylosma 
hawaiiense (HINHP Database 2000; Service 1995; K. Wood, pers. comm., 
2001).
    The major threats to Melicope knudsenii on Kauai include 
competition with the nonnative plant Lantana camara; habitat 
degradation by feral goats and pigs; fire; black twig borer; and the 
risk of extinction on Kauai from naturally occurring events, such as 
landslides or hurricanes, and/or reduced reproductive vigor due to the 
small number of existing individuals and populations (Service 1995; 59 
FR 9304).
Melicope pallida (alani)
    Melicope pallida, a member of the rue family (Rutaceae), is a tree 
with grayish white hairs and black, resinous new growth. The long-lived 
perennial species differs from M. haupuensis, M. knudsenii, and other 
members of the genus by the presence of resinous new growth, leaves 
folded in clusters of three, and fruits with separate carpels (Stone et 
al. 1999).
    Little is known about the life history of Melicope pallida. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).

[[Page 9144]]

    Historically and currently, Melicope pallida is known from Oahu and 
Kauai. On Kauai, the species is currently known from the following 
locations: Pohakuao, the left branch of Kalalau Valley, Honopu Trail, 
Awaawapuhi Valley, and Koaie Canyon. There is a total of six 
occurrences with 181 individuals on State-owned land within the Alakai 
Wilderness Preserve, Na Pali Coast State Park, and Na Pali-Kona Forest 
Reserve (GDSI 2000; HINHP Database 2000; D.W. Mathias, U.S. Navy 
(Navy), in litt. 1999; K. Wood, in litt. 1999).
    Melicope pallida usually grows on steep rock faces in lowland to 
montane mesic to wet forests or shrubland at elevations between 359 and 
1,081 m (1,179 and 3,546 ft). Associated native plant species include 
Alyxia oliviformis, Artemisia australis, Boehmeria grandis, Carex 
meyenii, Chamaesyce celastroides var. hanapepensis, Coprosma kauensis 
(koi), Coprosma waimeae, Dodonaea viscosa, Dryopteris spp., Hedyotis 
terminalis, Lepidium serra, Melicope spp., Metrosideros polymorpha, 
Nototrichium spp., Pipturus albidus (mamaki), Pleomele aurea, Poa 
mannii, Pritchardia minor, Psychotria mariniana, Sapindus oahuensis, 
Schiedea membranacea, Tetraplasandra waialealae, or Xylosma hawaiiense 
(HINHP Database 2000; K. Wood, pers. comm., 2001).
    The major threats to Melicope pallida are habitat destruction by 
feral goats and pigs; the black twig borer; fire; susceptibility to 
extinction from naturally occurring events, such as landslides or 
hurricanes, and/or reduced reproductive vigor due to the small number 
of existing populations; and competition with nonnative plant species 
(Hara and Beardsley 1979; HINHP Database 2000; Medeiros et al. 1986; 
Service 1995; 59 FR 9304).
Peucedanum sandwicense (makou)
    Peucedanum sandwicense, a member of the parsley family (Apiaceae), 
is a parsley-scented, sprawling herb. Hollow stems arise from a short, 
vertical stem with several fleshy roots. This short-lived perennial 
species is the only member of the genus in the Hawaiian Islands, one of 
three genera of the family with species endemic to the island of Kauai. 
This species differs from the other Kauai members of the parsley family 
in having larger fruit and pinnately compound leaves with broad 
leaflets (Constance and Affolter 1999).
    Little is known about the life history of Peucedanum sandwicense. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically and currently, Peucedanum sandwicense is known from 
Molokai, Maui, and Kauai. In 1990, it was discovered on Oahu. On Kauai, 
there are 15 occurrences on State (Haena State Park, Hono o Na Pali and 
Kuia NARs, Na Pali Coast State Park, and Na Pali-Kona Forest Reserve) 
and privately owned lands, containing approximately 156 to 256 
individuals, in Maunahou Valley, Limahuli Valley, Hoolulu, Hanakoa, 
Pohakuao, Kanakou, the left branch of Kalalau Valley, Nualolo Valley, 
Kuia Valley, Mahanaloa Valley, Koaie Canyon, and Haupu (GDSI 2000; 
HINHP Database 2000; Service 1995; 59 FR 9304; K. Wood, in litt. 1999).
    This species grows on cliff habitats in mixed shrub coastal dry 
cliff communities or diverse mesic forest at elevations between 0 and 
1,232 m (0 and 4,041 ft). Associated native plant species include 
Acacia koa, Artemisia australis, Bidens spp., Brighamia insignis, Carex 
meyenii, Chamaesyce celastroides, Diospyros spp., Dodonaea viscosa, 
Eragrostis variabilis, Hibiscus kokio, Lobelia niihauensis, 
Metrosideros polymorpha, Panicum lineale, Psychotria spp., Psydrax 
odorata, or Wilkesia spp. (Constance and Affolter 1999; HINHP Database 
2000; 59 FR 9304; K. Wood, pers. comm., 2001).
    The major threats to Peucedanum sandwicense on Kauai include 
competition with introduced plants; habitat degradation and browsing by 
feral goats and deer; and trampling and trail clearing (Hanakapiai 
population) (HINHP Database 2000; Service 1995; 59 FR 9304).
Phlegmariurus mannii (wawaeiole)
    Phlegmariurus mannii, a member of the clubmoss family 
(Lycopodiaceae) and a short-lived perennial, is a pendent epiphyte with 
clustered, delicate red stems and forked reproductive spikes. These 
traits distinguish it from others in the genus in Hawaii (Holub 1991).
    Little is known about the life history of Phlegmariurus mannii. 
Reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1997).
    Historically, Phlegmariurus mannii was known from Kauai, West Maui, 
and Hawaii island. Currently, this species is extant on Maui and Hawaii 
island. It was last observed on Kauai in 1900 (HINHP Database 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Phlegmariurus mannii on the island of Kauai.
    Nothing is known of the threats to Phlegmariurus mannii on the 
island of Kauai.
Phlegmariurus nutans (waewaeiole)
    Phlegmariurus nutans is an erect or pendulous herbaceous epiphyte 
in the clubmoss family (Lycopodiaceae). This species can be 
distinguished from others of the genus in Hawaii by its epiphytic 
habit, simple or forking fruiting spikes, and larger and stiffer leaves 
(Wagner and Wagner 1987).
    Phlegmariurus nutans has been observed fertile, with spores, in May 
and December. Little else is known about the life history of 
Phlegmariurus nutans. Its reproductive cycles, dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998b).
    Historically, Phlegmariurus nutans was known from the island of 
Kauai and from scattered locations in the Koolau Mountains of Oahu. It 
is currently only known from Oahu. It was last observed on Kauai in 
1900 (HINHP Database 2000; Service 1998b).
    Phlegmariurus nutans grows on tree trunks, usually on open ridges 
and slopes in Metrosideros polymorpha-Dicranopteris linearis wet 
forests and occasionally mesic forests at elevations between 601 and 
1,594 m (1,971 and 5,228 ft). The vegetation in those areas typically 
includes Antidesma platyphyllum, Broussaisia arguta, Cheirodendron 
fauriei, Cibotium spp., Diplopterygium pinnatum, Hedyotis terminalis, 
Hibiscus kokio ssp. kokio, Melicope waialealae (alani wai), Scaevola 
gaudichaudii, Syzygium sandwicensis, Perrottetia sandwicensis, 
Psychotria hexandra, Psychotria mariniana, or Psychotria wawrae (K. 
Wood, pers. comm., 2001).
    The primary threat to Phlegmariurus nutans is extinction due to 
naturally occurring events and/or reduced reproductive vigor because of 
the small number of remaining individuals and limited distribution. 
Additional threats to this species are feral pigs and the nonnative 
plants Clidemia hirta or Psidium cattleianum (Service 1998b).
Plantago princeps (laukahi kuahiwi)
    Plantago princeps, a member of the plantain family 
(Plantaginaceae), is a small shrub or robust perennial herb. This 
short-lived perennial species differs from other native members of the 
genus in Hawaii by its large branched stems, flowers at nearly right 
angles to the axis of the flower cluster, and fruits that break open at 
a point two-thirds from the base. The four varieties, vars. anomala, 
laxiflora, longibracteata, and

[[Page 9145]]

princeps, are distinguished by the branching and pubescence of the 
stems; the size, pubescence, and venation of the leaves; the density of 
the inflorescence; and the orientation of the flowers (Wagner et al. 
1999).
    Little is known about the life history of this plant. Reproductive 
cycles, longevity, specific environmental requirements, and limiting 
factors are generally unknown. However, individuals have been observed 
in fruit from April through September (Service 1999).
    Historically, Plantago princeps was found on the islands of Hawaii, 
Kauai, Maui, Molokai, and Oahu. It no longer occurs on the island of 
Hawaii. Two varieties of the species, totaling seven occurrences, with 
542 to 670 individuals, are extant on the island of Kauai, on both 
State (Halelea Forest Reserve, Lihue-Koloa Forest Reserve, and Na Pali 
Coast State Park) and privately owned lands. Historically on Kauai, 
Plantago princeps var. anomala was reported from a ridge west of 
Hanapepe River. Currently, this variety is found in the left branch of 
Kalalau Valley and Puu Ki. Plantago princeps var. longibracteata was 
historically known from Hanalei, the Wahiawa Mountains, and Hanapepe 
Falls. Currently, five occurrences are known from Waioli Valley, Alakai 
Swamp, the left branch of Wainiha Valley, and Blue Hole (GDSI 2000; 
HINHP Database 2000; Service 1999; 59 FR 56333).
    Plantago princeps var. longibracteata is found in windswept areas 
near waterfalls in Metrosideros polymorpha-Cheirodendron montane wet 
forest with riparian vegetation at elevations between 347 and 1,598 m 
(1,139 and 5,244 ft). Associated native plant species include Antidesma 
platyphyllum var. hillebrandii, Bidens forbesii, Bobea elatior, 
Boehmeria grandis, Cyrtandra spp., Diplazium sandwichianum, Freycinetia 
arborea, Gunnera kauaiensis, Hedyotis centranthoides, Hedyotis elatior, 
Huperzia spp., Isachne pallens (NCN), Machaerina angustifolia, 
Perrottetia sandwicensis, Pilea peploides (NCN), Pipturus spp., 
Sadleria cyatheoides (amau), or Tetraplasandra spp. (K. Wood, pers. 
comm., 2001).
    Plantago princeps var. anomala is found in Metrosideros polymorpha 
lowland to montane transitional wet forest on cliffs and ridges, 
growing on basalt rocky outcrops. Associated native plant species 
include Bidens sandvicensis, Carex meyenii, Carex wahuensis, 
Charpentiera elliptica, Hedyotis spp., Lipochaeta connata, Lysimachia 
glutinosa, Lysimachia kalalauensis, Melicope spp., Myrsine 
linearifolia, Poa mannii, or Wilkesia gymnoxiphium (K. Wood, pers. 
comm., 2001).
    The primary threats to both species of Plantago princeps on Kauai 
are herbivory and habitat degradation by feral pigs and goats and 
competition with various nonnative plant species. Ungulate herbivory is 
especially severe, with numerous observations of P. princeps 
individuals exhibiting browse damage (Service 1999; 61 FR 53108).
Platanthera holochila (NCN)
    Platanthera holochila, a member of the orchid family (Orchidaceae), 
is an erect, deciduous herb. The stems arise from underground tubers, 
the pale green leaves are lance- to egg-shaped, and the greenish-yellow 
flowers occur in open spikes. This short-lived perennial is the only 
species of this genus that occurs in the Hawaiian Islands. It is 
distinguished from other Hawaiian orchids by its underground tubers 
that lack roots at the nodes or pseudobulbs, and the shape and length 
of its dorsal sepal (Wagner et al. 1999).
    Little is known about the life history of Platanthera holochila. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Platanthera holochila was known from the Alakai 
Swamp, Kaholuamano area, and the Wahiawa Mountains on Kauai, and 
scattered locations on Oahu, Molokai, and Maui. Currently, P. holochila 
is extant on Kauai, Molokai, and Maui. On Kauai, there are two 
occurrences with 24 to 34 individuals reported on State-owned lands 
(Alakai Wilderness Preserve) at Kilohana and the Alakai Swamp (GDSI 
2000; HINHP Database 2000).
    Platanthera holochila is found in montane Metrosideros polymorpha-
Dicranopteris linearis wet forest or M. polymorpha mixed bog at 
elevations between 803 and 1,563 m (2,635 and 5,128 ft). Associated 
native plant species include grammitid ferns, Carex montis-eeka (NCN), 
Cibotium spp., Clermontia fauriei (oha wai), Coprosma elliptica (pilo), 
Dichanthelium spp., Leptecophylla tameiameiae, Lobelia kauaensis, 
Machaerina angustifolia, Myrsine denticulata (kolea), Oreobolus 
furcatus, Rhynchospora spp. (kuolohia), Vaccinium spp., or Viola 
kauaensis (Service 1999; 61 FR 53108; K. Wood, pers. comm., 2001).
    The primary threats to Platanthera holochila on Kauai are habitat 
degradation and destruction by pigs; competition with nonnative plants; 
and a risk of extinction on Kauai from naturally occurring events, such 
as landslides or hurricanes, and/or reduced reproductive vigor, due to 
the small number of remaining populations and individuals. Predation by 
introduced slugs may also be a potential threat to this species 
(Service 1999; 61 FR 53108).
Schiedea nuttallii (NCN)
    Schiedea nuttallii, a member of the pink family (Caryophyllaceae), 
is a generally hairless, erect subshrub. This long-lived perennial 
species is distinguished from others in this endemic Hawaiian genus by 
its habit, length of the stem internodes, length of the inflorescence, 
number of flowers per inflorescence, and smaller leaves, flowers, and 
seeds (Wagner et al. 1999).
    Little is known about the life history of Schiedea nuttallii. Based 
on field and greenhouse observations, it is hermaphroditic (flowers 
contain both male and female sexual parts). Plants on Oahu have been 
under observation for 10 years, and they appear to be long-lived. 
Schiedea nuttallii appears to be an outcrossing species. Under 
greenhouse conditions, plants fail to set seed unless hand-pollinated, 
suggesting that this species requires insects for pollination. Fruits 
and flowers are abundant in the wet season but can be found throughout 
the year (Service 1999).
    Historically, Schiedea nuttallii was known from Kauai and Oahu and 
was reported from Maui. Currently, it is found on Kauai, Oahu, and 
Molokai. On Kauai, one occurrence with 10 to 50 individuals is found on 
Haupu Peak on privately owned land. The status of individuals 
previously found in Limahuli Valley is currently unknown (GDSI 2000; 
HINHP Database 2000; Service 1999; 1 FR 53108).
    Schiedea nuttallii typically grows on cliffs in lowland diverse 
mesic forest dominated by Metrosideros polymorpha at elevations between 
37 and 702 m (120 and 2,303 ft). Associated native plant species 
include Antidesma platyphyllum var. hillebrandii, Bidens valida, 
Chamaesyce celastroides, Eragrostis variabilis, Hedyotis acuminata, 
Hedyotis fluviatilis (kamapuaa), Heteropogon contortus, Lepidium spp. 
(anaunau), Lobelia niihauensis, Perrottetia sandwicensis, Pisonia spp., 
or Psychotria spp. (Service 1999; K. Wood, pers. comm., 2001).
    Schiedea nuttallii is threatened on Kauai by habitat degradation 
and/or destruction by feral pigs, goats, and possibly deer; competition 
with several nonnative plants; landslides; predation by the black twig 
borer; and a risk of extinction from naturally occurring

[[Page 9146]]

events (e.g., landslides or hurricanes) and/or reduced reproductive 
vigor, due to the small number of individuals in the only known 
population. Based on observations that indicate that introduced snails 
and slugs may consume seeds and seedlings, it is likely that introduced 
molluscs also represent a major threat to this species (Service 1999; 
61 FR 53108).
Sesbania tomentosa (ohai)
    Sesbania tomentosa, a member of the pea family (Fabaceae), is 
typically a sprawling short-lived perennial shrub, but may also be a 
small tree. Each compound leaf consists of 18 to 38 oblong to elliptic 
leaflets which are usually sparsely to densely covered with silky 
hairs. The flowers are salmon colored, tinged with yellow, orange-red, 
scarlet or, rarely, pure yellow coloration. Sesbania tomentosa is the 
only endemic Hawaiian species in the genus, differing from the 
naturalized S. sesban by the color of the flowers, the longer petals 
and calyx, and the number of seeds per pod (Geesink et al. 1999).
    The pollination biology of Sesbania tomentosa has been studied by 
David Hopper, University of Hawaii. His findings suggest that although 
many insects visit Sesbania flowers, the majority of successful 
pollination is accomplished by native bees of the genus Hylaeus, and 
that populations at Kaena Point on Oahu are probably pollinator-
limited. Flowering at Kaena Point is highest during the winter-spring 
rains, and gradually declines throughout the rest of the year. Other 
aspects of this plant's life history are unknown (Service 1999).
    Currently, Sesbania tomentosa occurs on six of the eight main 
Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and Hawaii) 
and in the Northwestern Hawaiian Islands (Nihoa and Necker islands). 
Although once found on Niihau and Lanai, it is no longer extant on 
those islands. On Kauai, S. tomentosa is known from one occurrence, 
with 11 individuals, on State-owned land at Polihale State Park (GDSI 
2000; HINHP Database 2000; 59 FR 56333).
    Sesbania tomentosa is found on sandy beaches, dunes, or pond 
margins at elevations between 0 and 212 m (0 and 694 ft). It commonly 
occurs in coastal dry shrublands or mixed coastal dry cliffs with the 
associated native plant species Chamaesyce celastroides, Cuscuta 
sandwichiana (kaunaoa), Dodonaea viscosa, Heteropogon contortus, 
Myoporum sandwicense, Nama sandwicensis, Scaevola sericea, Sida fallax, 
Sporobolus virginicus, Vitex rotundifolia, or Waltheria indica (HINHP 
Database 2000; Service 1999; K. Wood, pers. comm., 2001).
    The primary threats to Sesbania tomentosa on Kauai are habitat 
degradation caused by competition with various nonnative plant species; 
lack of adequate pollination; seed predation by rats, mice, and, 
potentially, nonnative insects; fire; and destruction by off-road 
vehicles and other human disturbances (Service 1999; 59 FR 56333).
Silene lanceolata (NCN)
    Silene lanceolata, a member of the pink family (Caryophyllaceae), 
is an upright, short-lived perennial plant with stems 15 to 51 cm (6 to 
20 in) long, which are woody at the base. The flowers are white with 
deeply-lobed, clawed petals. This species is distinguished from other 
Hawaiian Silene species by its erect stem, terminal inflorescence, and 
the length of the calyx, clawed petals, and carpophore (ovary 
structure) (Wagner et al. 1999).
    Little is known about the life history of Silene lanceolata. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996; 57 FR 46325).
    The historical range of Silene lanceolata includes five Hawaiian 
Islands: Kauai, Oahu, Molokai, Lanai, and Hawaii. Silene lanceolata is 
presently extant on the islands of Molokai, Oahu, and Hawaii. It was 
last observed on Kauai in the 1850s (GDSI 2000; Service 1996; 57 FR 
46325).
    Nothing is known of the preferred habitat of or native plant 
species associated with Silene lanceolata on the island of Kauai.
    Nothing is known of the threats to Silene lanceolata on the island 
of Kauai.
Solanum incompletum (popolo ku mai)
    Solanum incompletum, a short-lived perennial member of the 
nightshade family (Solanaceae), is a woody shrub. Its stems and lower 
leaf surfaces are covered with prominent reddish prickles or sometimes 
with yellow fuzzy hairs on young plant parts and lower leaf surfaces. 
This species differs from other native members of the genus by being 
generally prickly and having loosely clustered white flowers, curved 
anthers about 2 mm (0.08 in) long, and berries 1 to 2 cm (0.4 to 0.8 
in) in diameter (Symon 1999).
    Little is known about the life history of Solanum incompletum. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (59 FR 56333).
    Historically, Solanum incompletum was known from Lanai, Maui, and 
the island of Hawaii. According to David Symon (1999), the known 
distribution of S. incompletum also extended to the islands of Kauai 
and Molokai. Currently, the species is only known from the island of 
Hawaii. The reported presence on Kauai may be erroneous (HINHP Database 
2000; Christopher Puttock, Bernice P. Bishop Museum, pers comm., 2001).
    Nothing is known of the preferred habitat of or native plant 
species associated with Solanum incompletum on the island of Kauai.
    Nothing is known of the threats to Solanum incompletum on the 
island of Kauai.
Solanum sandwicense (aiakeakua, popolo)
    Solanum sandwicense, a member of the nightshade family 
(Solanaceae), is a large sprawling shrub. The younger branches are more 
densely hairy than older branches and the oval leaves usually have up 
to 4 lobes along the margins. This short-lived perennial species 
differs from others of the genus in having dense hairs on young plant 
parts, a greater height, and lacking prickles (Symon 1999).
    Little is known about the life history of Solanum sandwicense. 
Flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995).
    Historically, Solanum sandwicense was known from both Oahu and 
Kauai. Currently, this species is only known from Kauai. On Kauai, this 
species was historically reported from locations in the Kokee region 
bounded by Kalalau Valley, Milolii Ridge, and extending to the Hanapepe 
River. Currently, S. sandwicense is only known from eight occurrences 
of 14 individual plants on private and State lands (Kokee State Park, 
Kuia NAR, and Na Pali-Kona Forest Reserve) at Kahuamaa Flats, 
Awaawapuhi Valley, Kumuwela Ridge, Waialae Valley, and Mokuone Stream 
(GDSI 2000; HINHP Database 2000; Service 1995; 59 FR 9304; K. Wood, in 
litt. 1999; Joan Yoshioka, The Nature Conservancy of Hawaii (TNCH), 
pers. comm., 2000).
    This species is typically found under forest canopies at elevations 
between 445 and 1,290 m (1,460 and 4,232 ft) in diverse lowland or 
montane Acacia koa or A. koa-Metrosideros polymorpha mesic forests or 
occasionally in wet forests. Associated native plant species include 
Alphitonia ponderosa, Athyrium sandwicensis, Bidens spp.,

[[Page 9147]]

Carex meyenii, Coprosma spp., Cryptocarya mannii, Dianella 
sandwicensis, Dicranopteris linearis, Dubautia spp., Hedyotis spp., 
Ilex anomala, Melicope spp., Poa spp., Pouteria sandwicensis, 
Psychotria spp., Syzygium sandwicensis, or Xylosma hawaiiense (HINHP 
Database 2000; Service 1995; 59 FR 9304; K. Wood, pers. comm., 2001).
    The major threats to populations of Solanum sandwicense on Kauai 
are habitat degradation by feral pigs, and competition with nonnative 
plant species (Hedychium gardnerianum (kahili ginger), Lonicera 
japonica Passiflora tarminiana, Psidium cattleianum, or Rubus argutus); 
fire; human disturbance and development; and a risk of extinction from 
naturally occurring events (e.g., landslides or hurricanes) and/or 
reduced reproductive vigor due to the small number of existing 
individuals (HINHP Database 2000; Service 1995; 59 FR 9304).
Spermolepis hawaiiensis (NCN)
    Spermolepis hawaiiensis, a member of the parsley family (Apiaceae), 
is a slender annual herb with few branches. Its leaves are dissected 
into narrow, lance-shaped divisions. 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 non-succulent annual with 
an umbrella-shaped inflorescence (Constance and Affolter 1999).
    Little is known about the life history of Spermolepis hawaiiensis. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
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. Currently, it is found on Kauai, Oahu, 
Molokai, Lanai, West Maui, and Hawaii. On Kauai, this species is known 
from State-owned land at Koaie Canyon, the rim of Waimea Canyon, and 
Kapahili Gulch within the Na Pali-Kona Forest Reserve. There are two 
known occurrences with five individuals total on Kauai (GDSI 2000; 
HINHP Database 2000; Service 1999; 59 FR 56333).
    Spermolepis hawaiiensis is known from Metrosideros polymorpha 
forest and Dodonaea viscosa lowland dry shrubland, at elevations 
between 56 and 725 m (184 and 2,377 ft). Associated native plant 
species include Bidens sandvicensis, Doryopteris spp., Eragrostis 
variabilis, Erythrina sandwicensis, Lipochaeta spp., Schiedea 
spergulina, or Sida fallax (HINHP Database 2000; Service 1999; K. Wood, 
pers. comm., 2001).
    The primary threats to Spermolepis hawaiiensis on Kauai are habitat 
degradation by feral goats; competition with various nonnative plants; 
and erosion, landslides, and rock slides due to natural weathering, 
which result in the death of individual plants as well as habitat 
destruction (Service 1999; 59 FR 56333).
Vigna o-wahuensis (NCN)
    Vigna o-wahuensis, a member of the pea family (Fabaceae), is a 
slender twining short-lived perennial herb with fuzzy stems. Each leaf 
is made up of three leaflets which vary in shape from round to linear. 
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).
    Little is known about the life history of Vigna o-wahuensis. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, 
Molokai, Lanai, Kahoolawe, Maui, and the island of Hawaii. Currently, 
Vigna o-wahuensis is known from Molokai, Lanai, Kahoolawe, Maui, and 
the island of Hawaii. It was last observed on Niihau in 1912 (GDSI 
2000; HINHP Database 2000; 59 FR 56333).
    Nothing is known of the preferred habitat of or native plant 
species associated with Vigna o-wahuensis on the island of Niihau.
    Nothing is known of the threats to Vigna o-wahuensis on the island 
of Niihau.
Zanthoxylum hawaiiense (ae)
    Zanthoxylum hawaiiense is a medium-sized tree with pale to dark 
gray bark and lemon-scented leaves in the rue family (Rutaceae). A 
long-lived perennial tree, Z. hawaiiense is distinguished from other 
Hawaiian members of the genus by several characteristics: three 
leaflets all of similar size, one joint on the lateral leaf stalk, and 
sickle-shaped fruits with a rounded tip (Stone et al. 1999).
    Little is known about the life history of Zanthoxylum hawaiiense. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996).
    Historically, Zanthoxylum hawaiiense was known from five islands: 
Kauai, Molokai, Lanai, Maui, and Hawaii. Currently, Zanthoxylum 
hawaiiense is found on Kauai, Molokai, Maui, and Hawaii. On Kauai, this 
species is only known from three occurrences with three individuals on 
State-owned land in Kawaiiki and Kipalau Valleys within the Alakai 
Wilderness Preserve and Na Pali-Kona Forest Reserve (GDSI 2000; HINHP 
Database 2000).
    Zanthoxylum hawaiiense is reported from lowland dry or mesic 
forests, at elevations between 332 and 1,151 m (1,089 and 3,774 ft). 
This species is typically found in forests dominated by Metrosideros 
polymorpha or Diospyros sandwicensis with associated native plant 
species including Alectryon macrococcus, Antidesma platyphyllum, 
Charpentiera elliptica, Dodonaea viscosa, Melicope spp., Myrsine 
lanaiensis, Pisonia spp., Pleomele aurea, Streblus pendulinus, or 
Zanthoxylum dipetalum (HINHP Database 2000; K. Wood, pers. comm., 
2001).
    The threats to Zanthoxylum hawaiiense on Kauai include competition 
with the nonnative plant species Lantana camara and Melia azedarach; 
fire; human disturbance; and risk of extinction from naturally 
occurring events, such as landslides or hurricanes, and/or reduced 
reproductive vigor due to the small number of existing individuals 
(Service 1996; 59 FR 10305).
    A summary of occurrences and landownership for the 95 plant species 
reported from the islands of Kauai and Niihau is given in Table 2.

  Table 2.--Summary of Existing Occurrences on Kauai and Niihau, and Landownership for 95 Species Reported From
                                                      Kauai
----------------------------------------------------------------------------------------------------------------
                                                                  Number of              Landownership
                            Species                                current   -----------------------------------
                                                                 occurrences    Federal      State      Private
----------------------------------------------------------------------------------------------------------------
Acaena exigua..................................................            0  ..........  ..........  ..........

[[Page 9148]]


Achyranthes mutica.............................................            0  ..........  ..........  ..........
Adenophorus periens............................................            7  ..........          X           X
Alectryon macrococcus..........................................           18  ..........          X   ..........
Alsinidendron lychnoides.......................................            4  ..........          X   ..........
Alsinidendron viscosum.........................................            7  ..........          X   ..........
Bonamia menziesii..............................................            9  ..........          X           X
Brighamia insignis.............................................            4  ..........          X           X
Centaurium sebaeoides..........................................            3  ..........          X   ..........
Chamaesyce halemanui...........................................            9  ..........          X   ..........
Ctenitis squamigera............................................            0  ..........  ..........  ..........
Cyanea asarifolia..............................................            2  ..........          X   ..........
Cyanea recta...................................................            8  ..........          X           X
Cyanea remyi...................................................            7  ..........          X           X
Cyanea undulata................................................            1  ..........  ..........          X
Cyperus trachysanthos..........................................            1  ..........  ..........          X
Cyrtandra cyaneoides...........................................            5  ..........          X           X
Cyrtandra limahuliensis........................................           13  ..........          X           X
Delissea rhytidosperma.........................................            3  ..........          X           X
Delissea rivularis.............................................            2  ..........          X   ..........
Delissea undulata..............................................            1  ..........          X   ..........
Diellia erecta.................................................            1  ..........          X   ..........
Diellia pallida................................................            6  ..........          X   ..........
Diplazium molokaiense..........................................            0  ..........  ..........  ..........
Dubautia latifolia.............................................           26  ..........          X   ..........
Dubautia pauciflorula..........................................            4  ..........          X           X
Euphorbia haeleeleana..........................................           23  ..........          X   ..........
Exocarpos luteolus.............................................            9  ..........          X           X
Flueggea neowawraea............................................           10  ..........          X           X
Gouania meyenii................................................            3  ..........          X   ..........
Hedyotis cookiana..............................................            1  ..........          X   ..........
Hedyotis st.-johnii............................................           11  ..........          X   ..........
Hesperomannia lydgatei.........................................            4  ..........          X           X
Hibiscadelphus woodii..........................................            2  ..........          X   ..........
Hibiscus brackenridgei.........................................            0  ..........  ..........  ..........
Hibiscus clayi.................................................            1  ..........          X   ..........
Hibiscus waimeae ssp. hannerae.................................            2  ..........          X           X
Ischaemum byrone...............................................            2  ..........  ..........          X
Isodendrion laurifolium........................................           13  ..........          X   ..........
Isodendrion longifolium........................................           15  ..........          X           X
Isodendrion pyrifolium.........................................            0  ..........  ..........  ..........
Kokia kauaiensis...............................................           21  ..........          X   ..........
Labordia lydgatei..............................................            6  ..........          X           X
Labordia tinifolia var. wahiawaensis...........................            1  ..........  ..........          X
Lipochaeta fauriei.............................................            5  ..........          X   ..........
Lipochaeta micrantha...........................................            5  ..........          X           X
Lipochaeta waimeaensis.........................................            1  ..........          X   ..........
Lobelia niihauensis............................................           13  ..........          X           X
Lysimachia filifolia...........................................            1  ..........          X   ..........
Mariscus pennatiformis.........................................            0  ..........  ..........  ..........
Melicope haupuensis............................................            4  ..........          X   ..........
Melicope knudsenii.............................................           10  ..........          X   ..........
Melicope pallida...............................................            6  ..........          X   ..........
Melicope quadrangularis........................................            0  ..........  ..........  ..........
Munroidendron racemosum........................................           17  ..........          X           X
Myrsine linearifolia...........................................           12  ..........          X           X
Nothocestrum peltatum..........................................           10  ..........          X   ..........
Panicum niihauense.............................................            1  ..........          X   ..........
Peucedanum sandwicense.........................................           15  ..........          X           X
Phlegmariurus mannii...........................................            0  ..........  ..........  ..........
Phlegmariurus nutans...........................................            0  ..........  ..........  ..........
Phyllostegia knudsenii.........................................            3  ..........          X   ..........
Phyllostegia waimeae...........................................            1  ..........          X   ..........
Phyllostegia wawrana...........................................            4  ..........          X           X
Plantago princeps..............................................            7  ..........          X           X
Platanthera holochila..........................................            2  ..........          X   ..........
Poa mannii.....................................................            6  ..........          X   ..........
Poa sandvicensis...............................................            9  ..........          X   ..........
Poa siphonoglossa..............................................            5  ..........          X   ..........
Pritchardia aylmer-robinsonii..................................            1  ..........  ..........          X

[[Page 9149]]


Pritchardia napaliensis........................................            5  ..........          X   ..........
Pritchardia viscosa............................................            1  ..........          X   ..........
Pteralyxia kauaiensis..........................................           39  ..........          X   ..........
Remya kauaiensis...............................................           17  ..........          X   ..........
Remya montgomeryi..............................................            6  ..........          X   ..........
Schiedea apokremnos............................................            5  ..........          X   ..........
Schiedea helleri...............................................            3  ..........          X   ..........
Schiedea kauaiensis............................................            5  ..........          X   ..........
Schiedea membranacea...........................................           10  ..........          X           X
Schiedea nuttallii.............................................            1  ..........  ..........          X
Schiedea spergulina var. leiopoda..............................            1  ..........  ..........          X
Schiedea spergulina var. spergulina............................            3  ..........          X   ..........
Schiedea stellarioides.........................................            3  ..........          X   ..........
Sesbania tomentosa.............................................            1  ..........          X   ..........
Silene lanceolata..............................................            0  ..........  ..........  ..........
Solanum incompletum............................................            0  ..........  ..........  ..........
Solanum sandwicense............................................            8  ..........          X           X
Spermolepis hawaiiensis........................................            2  ..........          X   ..........
Stenogyne campanulata..........................................            3  ..........          X   ..........
Vigna o-wahuensis..............................................            0  ..........  ..........  ..........
Viola helenae..................................................            1  ..........  ..........          X
Viola kauaiensis var. wahiawaensis.............................            2  ..........  ..........          X
Wilkesia hobdyi................................................            9         X*           X   ..........
Xylosma crenatum...............................................            3  ..........          X   ..........
Zanthoxylum hawaiiense.........................................            3  ..........          X   ..........
----------------------------------------------------------------------------------------------------------------
* Pacific Missile Range Facility at Makaha Ridge.

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Adenophorus periens, Alectryon macrococcus (as A. macrococcum 
var. macrococcum and A. mahoe), Bonamia menziesii, Brighamia insignis 
(as B. citrina var. napaliensis and B. insignis), Chamaesyce halemanui 
(as Euphorbia halemanui), Delissea rhytidosperma, Dubautia latifolia 
(as D. latifolia var. latifolia), Exocarpos luteolus, Flueggea 
neowawraea (as Drypetes phyllanthoides), Hedyotis st.-johnii, 
Hesperomannia lydgatei, Hibiscus clayi (as H. clayi and H. newhousei), 
H. waimeae ssp. hannerae (as H. waimeae), Kokia kauaiensis, Lipochaeta 
fauriei, L. micrantha (as L. exigua), Lobelia niihauensis, Melicope 
haupuensis (as Pelea haupuensis), M. knudsenii (as P. multiflora), M. 
pallida (as P. leveillei and P. pallida), Melicope quadrangularis 
(Pelea quadrangularis), Myrsine linearifolia (as M. linearifolia var. 
linearifolia), Nothocestrum peltatum, Peucedanum sandwicense (as P. 
kauaiense), Phyllostegia knudsenii, Plantago princeps (as P. princeps 
var. elata, P. var. laxifolia, and P. var. princeps), Poa sandvicensis, 
Pritchardia aylmer-robinsonii, Sesbania tomentosa (as S. hobdyi and S. 
tomentosa var. tomentosa), Solanum sandwicense (as S. hillebrandii and 
S. kauaiense), Viola helenae, V. kauaiensis var. wahiawaensis, Wilkesia 
hobdyi, Xylosma crenatum (as Antidesma crenatum), and Zanthoxylum 
hawaiiense (as Z. hawaiiense var. citiodora), were considered to be 
endangered; Delissea rivularis, Diellia pallida (as Diellia laciniata), 
Labordia lydgatei, Lipochaeta micrantha, L. waimeaensis, Lysimachia 
filifolia, Schiedea membranacea, and Zanthoxylum hawaiiense (as Z. 
hawaiiense var. hawaiiense and Z. hawaiiense var. velutinosum) were 
considered to be threatened; and Delissea undulata (as D. undulata var. 
argutidenta and D. undulata var. undulata), Gouania meyenii, Hedyotis 
cookiana, Melicope knudsenii (as Pelea knudsenii and P. tomentosa), 
Munroidendron racemosum (as M. racemosum var. macdanielsii), Plantago 
princeps (as P. princeps var. acaulis, P. princeps var. denticulata, 
and P. princeps var. queleniana), and Remya kauaiensis 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 gave 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 for Diellia pallida. 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 (40 FR 27823).
    General comments received in response to the 1976 proposal were 
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. 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

[[Page 9150]]

Review for plants on December 15, 1980 (45 FR 82479), September 27, 
1985 (50 FR 39525), February 21, 1990 (55 FR 6183), and September 30, 
1993 (58 FR 51144). We listed the 95 species as endangered or 
threatened between 1991 and 1996. A summary of the listing actions can 
be found in Table 3(a). A summary of the critical habitat actions can 
be found in Table 3(b).

                                   Table 3(a).--Summary of Listing Actions for 95 Plant Species From Kauai and Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Proposed listing rule                              Final listing rule
                 Species                    Federal  ---------------------------------------------------------------------------------------------------
                                            status         Date               Federal  Register              Date               Federal  Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acaena exigua...........................          E        5/24/1991  56 FR 23842                            5/15/1992  57 FR 20772
Achyranthes mutica......................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Adenophorus periens.....................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Alectryon macrococcus...................          E        5/24/1991  56 FR 23842                            5/15/1992  57 FR 20772
Alsinidendron lychnoides................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Alsinidendron viscosum..................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Bonamia menziesii.......................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Brighamia insignis......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Centaurium sebaeoides...................          E        9/28/1990  55 FR 39664                           10/29/1991  56 FR 55770
Chamaesyce halemanui....................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Ctenitis squamigera.....................          E        6/24/1993  58 FR 34231                             9/9/1994  59 FR 49025
Cyanea asarifolia.......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Cyanea recta............................          T        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Cyanea remyi............................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Cyanea undulata.........................          E        9/17/1990  55 FR 38242                            9/20/1991  56 FR 47695
Cyperus trachysanthos...................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Cyrtandra cyaneoides....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Cyrtandra limahuliensis.................          T       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Delissea rhytidosperma..................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Delissea rivularis......................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Delissea undulata.......................          E        6/27/1994  59 FR 32946                           10/10/1996  61 FR 53124
Diellia erecta..........................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Diellia pallida.........................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Diplazium molokaiense...................          E        6/24/1993  58 FR 34231                             9/9/1994  59 FR 49025
Dubautia latifolia......................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Dubautia pauciflorula...................          E        9/17/1990  55 FR 38242                            9/20/1991  56 FR 47695
Euphorbia haeleeleana...................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Exocarpos luteolus......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Flueggea neowawraea.....................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Gouania meyenii.........................          E        9/28/1990  55 FR 39664                           10/29/1991  56 FR 55770
Hedyotis cookiana.......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Hedyotis st.-johnii.....................          E         8/3/1990  55 FR 31612                            9/30/1991  56 FR 49639
Hesperomannia lydgatei..................          E        9/17/1990  55 FR 38242                            9/20/1991  56 FR 47695
Hibiscadelphus woodii...................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Hibiscus brackenridgei..................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Hibiscus clayi..........................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Hibiscus waimeae ssp....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Ischaemum byrone........................          E       12/17/1992  57 FR 59951                             3/4/1994  59 FR 10305
Isodendrion laurifolium.................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Isodendrion longifolium.................          T        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Isodendrion pyrifolium..................          E       12/17/1992  57 FR 59941                             3/4/1994  59 FR 10305
Kokia kauaiensis........................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Labordia lydgatei.......................          E        9/17/1990  55 FR 38242                            9/20/1991  56 FR 47695
Labordia tinifolia var..................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Lipochaeta fauriei......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Lipochaeta micrantha....................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Lipochaeta waimeaensis..................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Lobelia niihauensis.....................          E        9/28/1990  55 FR 39664                           10/29/1991  56 FR 55770
Lysimachia filifolia....................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Mariscus pennatiformis..................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Melicope haupuensis.....................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Melicope knudsenii......................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Melicope pallida........................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Melicope quadrangularis.................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Munroidendron racemosum.................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Myrsine linearifolia....................          T        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Nothocestrum peltatum...................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Panicum niihauense......................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Peucedanum sandwicense..................          T       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Phlegmariurus mannii....................          E        5/24/1991  56 FR 23842                            5/15/1992  57 FR 20772
Phlegmariurus nutans....................          E        9/28/1990  55 FR 39664                           10/29/1991  56 FR 55770
Phyllostegia knudsenii..................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Phyllostegia waimeae....................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Phyllostegia wawrana....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070

[[Page 9151]]


Plantago princeps.......................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Platanthera holochila...................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Poa mannii..............................          E         4/7/1993  58 FR 18073                           11/10/1994  59 FR 56330
Poa sandvicensis........................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Poa siphonoglossa.......................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Pritchardia aylmer-robinsonii...........          E       12/17/1992  57 FR 59970                             8/7/1996  61 FR 41020
Pritchardia napaliensis.................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Pritchardia viscosa.....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Pteralyxia kauaiensis...................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Remya kauaiensis........................          E        10/2/1989  54 FR 40447                            1/14/1991  56 FR 1450
Remya montgomeryi.......................          E        10/2/1989  54 FR 40447                            1/14/1991  56 FR 1450
Schiedea apokremnos.....................          E         8/3/1990  55 FR 31612                            9/30/1991  56 FR 49639
Schiedea helleri........................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Schiedea kauaiensis.....................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Schiedea membranacea....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Schiedea nuttallii......................          E        10/2/1995  60 FR 51417                           10/10/1996  61 FR 53108
Schiedea spergulina var. leiopoda.......          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Schiedea spergulina var. spergulina.....          T       10/30/1991  56 FR 55862                            2/25/1994  59 FR 9304
Schiedea stellarioides..................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Sesbania tomentosa......................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Silene lanceolata.......................          E        9/20/1991  56 FR 47718                            10/8/1992  57 FR 46325
Solanum incompletum.....................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Solanum sandwicense.....................          E       10/30/1991  56 FR 55862                            2/25/1994  59 FR 09304
Spermolepis hawaiiensis.................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Stenogyne campanulata...................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Vigna o-wahuensis.......................          E        9/14/1993  58 FR 48012                           11/10/1994  59 FR 56333
Viola helenae...........................          E        9/17/1990  55 FR 38242                            9/20/1991  56 FR 47695
Viola kauaiensis var....................          E        9/25/1995  60 FR 49359                           10/10/1996  61 FR 53070
Wilkesia hobdyi.........................          E        10/2/1989  54 FR 40444                            6/22/1992  57 FR 27859
Xylosma crenatum........................          E        9/21/1990  55 FR 39301                            5/13/1992  57 FR 20580
Zanthoxylum hawaiiense..................          E       12/17/1992  57 FR 59951                             3/4/1994  59 FR 10305
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key: E = Endangered T = Threatened


           Table 3(b).--Summary of Critical Habitat Actions for 95 Plant Species From Kauai and Niihau
----------------------------------------------------------------------------------------------------------------
                                 Proposed critical habitat designation           Final critical habitat
                                           or nondesignation           -----------------------------------------
            Species            ----------------------------------------
                                    Date(s)        Federal  Register         Date(s)         Federal  Register
----------------------------------------------------------------------------------------------------------------
Acaena exigua.................      12/18/2000  65 FR 79192             NA                 NA
Achyranthes mutica............       5/28/2002  67 FR 36968             NA                 NA
Adenophorus periens...........       11/7/2000  65 FR 66808             NA                 NA
                                    12/29/2000  65 FR 83157
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 9806
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Alectryon macrococcus.........       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/29/2000  65 FR 83157
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Alsinidendron lychnoides......       11/7/2000  65 FR 66808             NA                 NA
Alsinidendron viscosum........       11/7/2000  65 FR 66808             NA                 NA
Bonamia menziesii.............       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/27/2000  65 FR 82086
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 36968
                                      4/3/2002  67 FR 15856
                                     5/28/2002  67 FR 9806
                                     5/28/2002  67 FR 37108
Brighamia insignis............       11/7/2000  65 FR 66808             NA                 NA
Centaurium sebaeoides.........       11/7/2000  65 FR 66808             NA                 NA

[[Page 9152]]


                                    12/18/2000  65 FR 79192
                                    12/27/2000  65 FR 82086
                                    12/29/2000  65 FR 83157
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Chamaesyce halemanui..........       11/7/2000  65 FR 66808             NA                 NA
Ctenitis squamigera...........      12/18/2000  65 FR 79192             NA                 NA
                                    12/27/2000  65 FR 79192
                                    12/29/2000  65 FR 83157
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
Cyanea asarifolia.............      11/07/2000  65 FR 66808             NA                 NA
Cyanea recta..................      11/07/2000  65 FR 66808             NA                 NA
Cyanea remyi..................       11/7/2000  65 FR 66808             NA                 NA
Cyanea undulata...............       11/7/2000  65 FR 66808             NA                 NA
Cyperus trachysanthos.........       11/7/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940              .................  .....................
                                      3/4/2002  67 FR 9806              .................  .....................
                                     5/28/2002  67 FR 37108             .................  .....................
Cyrtandra cyaneoides..........       11/7/2000  65 FR 66808             NA                 NA
Cyrtandra limahuliensis.......       11/7/2000  65 FR 66808             NA                 NA
Delissea rhytidosperma........       11/7/2000  65 FR 66808             NA                 NA
Delissea rivularis............       11/7/2000  65 FR 66808             NA                 NA
Delissea undulata.............       11/7/2000  65 FR 66808             NA                 NA
Diellia erecta................      12/18/2000  65 FR 79192             NA                 NA
                                    12/29/2000  65 FR 83158             .................  .....................
                                     1/28/2002  67 FR 3940              .................  .....................
                                      3/4/2002  67 FR 9806              .................  .....................
                                      4/3/2002  67 FR 15856             .................  .....................
                                      4/5/2002  67 FR 16492             .................  .....................
                                     5/28/2002  67 FR 36968             .................  .....................
                                     5/28/2002  67 FR 37108             .................  .....................
Diellia pallida...............       11/7/2000  65 FR 66808             NA                 NA
Diplazium molokaiense.........      12/18/2000  65 FR 79192             NA                 NA
                                    01/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      3/4/2002  67 FR 9806
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Dubautia latifolia............      11/07/2000  65 FR 66808             NA                 NA
Dubautia pauciflorula.........      11/07/2000  65 FR 66808             NA                 NA
Euphorbia haeleeleana.........      11/07/2000  65 FR 66808             NA                 NA
                                    01/28/2002  67 FR 3940              .................  .....................
                                    05/28/2002  ......................  .................  .....................
Exocarpos luteolus............      11/07/2000  65 FR 66808             NA                 NA
Flueggea neowawraea...........      11/07/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                     04/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Gouania meyenii...............      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
Hedyotis cookiana.............      11/07/2000  65 FR 66808             NA                 NA
Hedyotis st.-johnii...........       11/7/2000  65 FR 66808             NA                 NA
Hesperomannia lydgatei........      11/07/2000  65 FR 66808             NA                 NA
Hibiscadelphus woodii.........       11/7/2000  65 FR 66808             NA                 NA
Hibiscus brackenridgei........      12/18/2000  65 FR 79192             NA                 NA
                                    12/27/2000  65 FR 82086
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856

[[Page 9153]]


                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Hibiscus clayi................      11/07/2000  65 FR 66808             NA                 NA
Hibiscus waimeae ssp. hannerae      11/07/2000  65 FR 66808             NA                 NA
Ischaemum byrone..............      12/18/2000  65 FR 79192             NA                 NA
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
Isodendrion laurifolium.......      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Isodendrion longifolium.......      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Isodendrion pyrifolium........        3/4/2002  67 FR 9806              NA                 NA
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Kokia kauaiensis..............      11/07/2000  65 FR 66808             NA                 NA
Labordia lydgatei.............      11/07/2000  65 FR 66808             NA                 NA
Labordia tinifolia var.             11/07/2000  65 FR 66808             NA                 NA
 wahiawaensis.
Lipochaeta fauriei............      11/07/2000  65 FR 66808             NA                 NA
Lipochaeta micrantha..........      11/07/2000  65 FR 66808             NA                 NA
Lipochaeta waimeaensis........      11/07/2000  65 FR 66808             NA                 NA
Lobelia niihauensis...........      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Lysimachia filifolia..........      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Mariscus pennatiformis........      12/18/2000  65 FR 79192             NA                 NA
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                     5/14/2002  67 FR 34522
                                     5/28/2002  67 FR 37108
Melicope haupuensis...........      11/07/2000  65 FR 66808             NA                 NA
Melicope knudsenii............      11/07/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
Melicope pallida..............      11/07/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Melicope quadrangularis.......      11/07/2000  65 FR 66808             NA                 NA
Munroidendron racemosum.......      11/07/2000  65 FR 66808             NA                 NA
Myrsine linearifolia..........      11/07/2000  65 FR 66808             NA                 NA
Nothocestrum peltatum.........       11/7/2000  65 FR 66808             NA                 NA
Panicum niihauense............       11/7/2000  65 FR 66808             NA                 NA
Peucedanum sandwicense........       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/29/2000  65 FR 83157
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Phlegmariurus mannii..........      12/18/2000  65 FR 79192             NA                 NA
                                      4/3/2002  67 FR 15856
Phlegmariurus nutans..........       1/28/2002  67 FR 3940              NA                 NA
                                     5/28/2002  67 FR 37108
Phyllostegia knudsenii........       11/7/2000  65 FR 66808             NA                 NA
Phyllostegia waimeae..........       11/7/2000  65 FR 66808             NA                 NA
Phyllostegia wawrana..........       11/7/2000  65 FR 66808             NA                 NA
Plantago princeps.............       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192

[[Page 9154]]


                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
Platanthera holochila.........      11/07/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Poa mannii....................       11/7/2000  65 FR 66808             NA                 NA
Poa sandvicensis..............       11/7/2000  65 FR 66808             NA                 NA
Poa siphonoglossa.............       11/7/2000  65 FR 66808             NA                 NA
Pritchardia aylmer-robinsonii.       11/7/2000  65 FR 66808             NA                 NA
Pritchardia napaliensis.......       11/7/2000  65 FR 66808             NA                 NA
Pritchardia viscosa...........       11/7/2000  65 FR 66808             NA                 NA
Pteralyxia kauaiensis.........       11/7/2000  65 FR 66808             NA                 NA
Remya kauaiensis..............       11/7/2000  65 FR 66808             NA                 NA
Remya montgomeryi.............       11/7/2000  65 FR 66808             NA                 NA
Schiedea apokremnos...........       11/7/2000  65 FR 66808             NA                 NA
Schiedea helleri..............       11/7/2000  65 FR 66808             NA                 NA
Schiedea kauaiensis...........       11/7/2000  65 FR 66808             NA                 NA
Schiedea membranacea..........       11/7/2000  65 FR 66808             NA                 NA
Schiedea nuttallii............       11/7/2000  65 FR 66808             NA                 NA
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 37108
Schiedea spergulina var.             11/7/2000  65 FR 66808             NA                 NA
 leiopoda.
Schiedea spergulina var.             11/7/2000  65 FR 66808             NA                 NA
 spergulina.
Schiedea stellarioides........       11/7/2000  65 FR 66808             NA                 NA
Sesbania tomentosa............       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/14/2002  67 FR 34522
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Silene lanceolata.............      12/29/2000  65 FR 83158             NA                 NA
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Solanum incompletum...........        4/4/2002  67 FR 9806              NA                 NA
                                     5/28/2002  67 FR 36968
Solanum sandwicense...........       11/7/2000  65 FR 66808             NA                 NA
                                     1/28/2002  67 FR 3940
                                     5/28/2002  67 FR 37108
Spermolepis hawaiiensis.......       11/7/2000  65 FR 66808             NA                 NA
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108
Stenogyne campanulata.........       11/7/2000  65 FR 66808             NA                 NA
Vigna o-wahuensis.............      12/18/2000  65 FR 79192             NA                 NA
                                    12/27/2000  65 FR 82086
                                    12/29/2000  65 FR 83158
                                      3/4/2002  67 FR 9806
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
                                     5/28/2002  67 FR 37108

[[Page 9155]]


Viola helenae.................       11/7/2000  65 FR 66808             NA                 NA
Viola kauaiensis var.                11/7/2000  65 FR 66808             NA                 NA
 wahiawaenis.
Wilkesia hobdyi...............       11/7/2000  65 FR 66808             NA                 NA
Xylosma crenatum..............       11/7/2000  65 FR 66808             NA                 NA
Zanthoxylum hawaiiense........       11/7/2000  65 FR 66808             NA                 NA
                                    12/18/2000  65 FR 79192
                                    12/29/2000  65 FR 83158
                                     1/28/2002  67 FR 3940
                                      4/3/2002  67 FR 15856
                                      4/5/2002  67 FR 16492
                                     5/28/2002  67 FR 36968
----------------------------------------------------------------------------------------------------------------

    At the time each of the 95 plants was listed, we determined that 
designation of critical habitat was not prudent because it would not 
benefit the plant or would increase the degree of threat to the 
species. The ``not prudent'' determinations for these species, along 
with 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 the 95 species reported from Kauai. 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 1283-85).
    On August 10, 1998, the court ordered us to publish proposed 
critical habitat designations or nondesignations for at least 100 
species by November 30, 2000, and to publish proposed designations or 
nondesignations for the remaining 145 species by April 30, 2002 
(Conservation Council for Hawaii v. Babbitt, 24 F. Supp. 2d 1074 (D. 
Haw. 1998)).
    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 more 
than 100 responses from individuals, non-profit organizations, the 
DOFAW, 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 
some 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 would cause 
economic hardship, discourage cooperative projects, polarize 
relationships with hunters, or potentially increase trespass or 
vandalism on private lands. In addition, commenters also cited a lack 
of information on the biological and ecological needs of these plants 
which, they suggested, may lead to designation based on guesswork. The 
respondents who supported the designation of critical habitat cited 
that designation would provide a uniform protection plan for the 
Hawaiian Islands, promote funding for management of these plants, 
educate the public and State government, and protect partnerships with 
landowners and build trust.
    On October 5, 1999, we contacted landowners on the islands of Kauai 
and Niihau, notifying them of our requirement to designate critical 
habitat for 95 plant species. We included a copy of the November 30, 
1998, Federal Register notice, a map showing the general locations of 
the species that may be on his/her property, and a handout containing 
general information on critical habitat. We held three open houses on 
the island of Kauai, at the Waimea Community Center, the Kauai War 
Memorial Convention Hall in Lihue, and the Kilauea Neighborhood Center, 
on October 19, 20, and 21, 1999, respectively, to meet one-on-one with 
local landowners and other interested members of the public. In 
addition, we met with Kauai County DOFAW staff and Kauai State Parks 
staff to discuss their management activities on Kauai.
    On November 7, 2000, we published the first of the court-ordered 
proposed critical habitat designations or nondesignations for 76 Kauai 
and Niihau plants (65 FR 66808). The proposed critical habitat 
designations for Maui and Kahoolawe plants were published on December 
18, 2000 (65 FR 79192), for Lanai plants on December 27, 2000 (65 FR 
82086), and for Molokai plants on December 29, 2000 (65 FR 83158). All 
of these proposed rules had been sent to the Federal Register by or on 
November 30, 2000, as required by the court's order. In those 
proposals, we proposed that critical habitat was prudent for 85 species 
(Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Alsinidendron viscosum, Bonamia menziesii, Brighamia insignis, 
Centaurium sebaeoides, Chamaesyce halemanui, Ctenitis squamigera, 
Cyanea asarifolia, Cyanea recta, Cyanea remyi, Cyanea undulata, Cyperus 
trachysanthos, Cyrtandra cyaneoides, Cyrtandra limahuliensis, Delissea 
rhytidosperma, Delissea rivularis, Delissea undulata, Diellia erecta, 
Diellia pallida, Diplazium molokaiense, Dubautia latifolia, Dubautia 
pauciflorula, Euphorbia haeleeleana, Exocarpos luteolus, Flueggea 
neowawraea, Gouania meyenii, Hedyotis cookiana, Hedyotis st.-johnii, 
Hesperomannia lydgatei, Hibiscadelphus woodii, Hibiscus brackenridgei, 
Hibiscus clayi, Hibiscus waimeae ssp. hannerae, Ischaemum byrone, 
Isodendrion laurifolium, Isodendrion longifolium, Kokia kauaiensis, 
Labordia lydgatei, Labordia tinifolia var. wahiawaensis, Lipochaeta 
fauriei, Lipochaeta micrantha, Lipochaeta waimeaensis, Lobelia 
niihauensis, Lysimachia filifolia, Mariscus pennatiformis, Melicope

[[Page 9156]]

haupuensis, Melicope knudsenii, Melicope pallida, Munroidendron 
racemosum, Myrsine linearifolia, Nothocestrum peltatum, Panicum 
niihauense, Peucedanum sandwicense, Phlegmariurus mannii, Phyllostegia 
knudsenii, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, 
Schiedea helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea 
nuttallii, Schiedea spergulina var. leiopoda, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, Sesbania tomentosa, Silene 
lanceolata, Solanum sandwicense, Spermolepis hawaiiensis, Stenogyne 
campanulata, Vigna o-wahuensis, Viola helenae, Viola kauaiensis var. 
wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum 
hawaiiense) that are reported from Kauai and/or Niihau as well as on 
Maui, Kahoolawe, Lanai, and Molokai. We proposed that critical habitat 
was not prudent for two species, Phyllostegia waimeae and Melicope 
quadrangularis, because they had not been seen recently in the wild, 
and no genetic material of these species was known to exist. We also 
proposed that critical habitat was not prudent for three species, 
Pritchardia aylmer-robinsonii, Pritchardia napaliensis, and Pritchardia 
viscosa, because it would increase the threat of vandalism to these 
species.
    In the November 7, 2000 proposed rule, we proposed designation of 
critical habitat on approximately 24,539 ha (60,636 ac) of land on the 
islands of Kauai and Niihau. The publication of the proposed rule 
opened a 60-day public comment period, which closed on January 7, 2001. 
On January 18, 2001, we published a notice (66 FR 4782) announcing the 
reopening of the comment period until February 19, 2001, on the 
proposed rule and a notice of a public hearing. On February 6, 2001, we 
held a public hearing at the Radisson Kauai Beach Resort in Lihue, 
Kauai. On March 7, 2001, we published a notice (66 FR 13691) announcing 
the reopening of the comment period and the availability of the draft 
economic analysis for the proposed rule. This third public comment 
period was open until April 6, 2001.
    On October 3, 2001, we submitted a joint stipulation with 
Earthjustice to the U.S. District Court requesting extension of the 
court order for the final rules to designate critical habitat for 
plants from Kauai and Niihau (July 30, 2002), Maui and Kahoolawe 
(August 23, 2002), Lanai (September 16, 2002), and Molokai (October 16, 
2002), citing the need to revise the proposals to incorporate or 
address new information and comments received during the comment 
periods. The joint stipulation was approved and ordered by the court on 
October 5, 2001.
    On January 28, 2002, in the revised proposed rule, we published 
proposed prudency determinations for 95 plant species from Kauai and 
Niihau (67 FR 3940). Many of these proposed prudency determinations 
were incorporated from previous proposals. We also proposed that 
critical habitat is prudent for four species (Achyranthes mutica, 
Isodendrion pyrifolium, Phlegmariurus nutans, and Solanum incompletum) 
for which a prudency determination had not been made previously and 
that no longer occur on Kauai or Niihau but are reported from one or 
more of the other islands.
    In addition, critical habitat for 83 (Adenophorus periens, 
Alectryon macrococcus, Alsinidendron lychnoides, Alsinidendron 
viscosum, Bonamia menziesii, Brighamia insignis, Centaurium sebaeoides, 
Chamaesyce halemanui, Ctenitis squamigera, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyanea undulata, Cyperus trachysanthos, Cyrtandra 
cyaneoides, Cyrtandra limahuliensis, Delissea rhytidosperma, Delissea 
rivularis, Delissea undulata, Diellia erecta, Diellia pallida, 
Diplazium molokaiense, Dubautia latifolia, Dubautia pauciflorula, 
Euphorbia haeleeleana, Exocarpos luteolus, Flueggea neowawraea, Gouania 
meyenii, Hedyotis cookiana, Hedyotis st.-johnii, Hesperomannia 
lydgatei, Hibiscadelphus woodii, Hibiscus clayi, Hibiscus waimeae ssp. 
hannerae, Ischaemum byrone, Isodendrion laurifolium, Isodendrion 
longifolium, Kokia kauaiensis, Labordia lydgatei, Labordia tinifolia 
var. wahiawaensis, Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta 
waimeaensis, Lobelia niihauensis, Lysimachia filifolia, Mariscus 
pennatiformis, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Panicum niihauense, Peucedanum sandwicense, Phlegmariurus 
nutans, Phyllostegia knudsenii, Phyllostegia waimeae, Phyllostegia 
wawrana, Plantago princeps, Platanthera holochila, Poa mannii, Poa 
sandvicensis, Poa siphonoglossa, Pteralyxia kauaiensis, Remya 
kauaiensis, Remya montgomeryi, Schiedea apokremnos, Schiedea helleri, 
Schiedea kauaiensis, Schiedea membranacea, Schiedea nuttallii, Schiedea 
spergulina var. leiopoda, Schiedea spergulina var. spergulina, Schiedea 
stellarioides, Sesbania tomentosa, Solanum sandwicense, Spermolepis 
hawaiiensis, Stenogyne campanulata, Viola helenae, Viola kauaiensis 
var. wahiawaensis, Wilkesia hobdyi, Xylosma crenatum, and Zanthoxylum 
hawaiiense) of the 95 plant species was proposed on approximately 
40,147 ha (99,206 ac) of land on Kauai and 282 ha (697ac) of land on 
Niihau (67 FR 3940). Critical habitat was not proposed for Achyranthes 
mutica, Hibiscus brackenridgei, Phlegmariurus mannii, Silene 
lanceolata, and Solanum incompletum on the island of Kauai and for 
Isodendrion pyrifolium and Vigna o-wahuensis on the island of Niihau 
because these plants no longer occur on Kauai or Niihau, and we were 
unable to identify habitat essential to their conservation on these two 
islands.
    Because Phyllostegia waimeae had been rediscovered, we revised an 
earlier proposal to suggest that critical habitat would be prudent and 
propose critical habitat for this species in the revised proposed rule.
    The publication of the revised proposed rule opened a 60-day public 
comment period, which closed on March 29, 2002. On February 11, 2002, 
we published a correction notice (67 FR 6214) correcting information 
contained in the January 28, 2002, revised proposal pertaining to the 
notice of a public hearing. On February 13, 2002, we held a public 
hearing at the Radisson Kauai Beach Resort in Lihue, Kauai. On May 28, 
2002, we published a notice (67 FR 36851) announcing the availability 
of the draft economic analysis for the designation of critical habitat 
for 83 Kauai plants and reopening the public comment period until June 
27, 2002. On August 26, 2002, we published a notice (67 FR 54766) 
reopening the public comment period until September 30, 2002. On July 
11, 2002, we submitted joint stipulations with Earthjustice to the U.S. 
District Court requesting extension of the court orders for the final 
rules to designate critical habitat for plants from Lanai (December 30, 
2002), Kauai and Niihau (January 31, 2003), Molokai (February 28, 
2003), Maui and Kahoolawe (April 18, 2003), Oahu (April 30, 2003), the 
Northwestern Hawaiian Islands (April 30, 2003), and the island of 
Hawaii (May 30, 2003), citing the need to conduct additional review of 
the proposals, address comments received during the public comment 
periods, and to conduct a series of public workshops on the proposals. 
The joint stipulations were approved and ordered by the court on July 
12, 2002. On September 3 and 4,

[[Page 9157]]

2002, we held public meetings at the Waimea Community Center, Waimea, 
Kauai, and the War Memorial Convention Center, Lihue, Kauai, 
respectively.
    On January 9, 2003, we determined that critical habitat was prudent 
for the following 15 species: Adenophorus periens, Bonamia menziesii, 
Centaurium sebaeoides, Ctenitis squamigera, Cyperus trachysanthos, 
Diellia erecta, Diplazium molokaiense, Hibiscus brackenridgei, 
Isodendrion pyrifolium, Sesbania tomentosa, Silene lanceolata, Solanum 
incompletum, Spermolepis hawaiiensis, Vigna o-wahuensis and Zanthoxylum 
hawaiiense (68 FR 1220), which also occur on Kauai or Niihau.

Summary of Comments and Recommendations

    We received a total of 20 oral and 2,740 written comments during 
the three comment periods. These included responses from 7 State 
offices, 5 public officials, and 70 private organizations or 
individuals. Of the written comments, we received approximately 680 
letters by facsimile and 1,998 electronic letters by e-mail, which 
stated general support for the proposed critical habitat designations, 
but that did not provide substantive comments. Of the other 82 
comments, nine supported the designation, 60 were opposed to it, and 13 
provided information but did not state a position on the designation. 
We reviewed all comments received for substantive issues and new 
information regarding critical habitat and the Kauai and Niihau plants. 
Similar comments were grouped into nine general issues relating 
specifically to the proposed critical habitat designations and the 
draft economic analysis on the proposed determinations. These are 
addressed in the following summary.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited independent opinions from 23 knowledgeable 
individuals with expertise in one or several fields, including 
familiarity with the species, the geographic region, or the principles 
of conservation biology. We received comments from eight. All eight 
generally supported our methodology and conclusion, but none expressed 
a position for or against the designation of critical habitat. Comments 
received from the peer reviewers are summarized in the following 
section and incorporated into the final rule.

Issue 1: Biological Justification and Methodology

    (1) Comment: One peer reviewer commented that there is no easy way 
to assess the match between the Service's proposed boundaries and the 
summation of habitat requirements of the individual taxa in each unit. 
Specifically, the intermediate step of indicating the species models 
for each of the listed taxa that is combined into the aggregate 
polygons that form the basis for the unit boundaries is not well 
documented. This leaves the reviewer with little basis to assess the 
match between habitat of the listed taxa and inclusion of such habitat 
in the critical habitat units. Species should be addressed 
individually, but the designation of conservation areas (or critical 
habitat) can and should consider the use of common areas to provide for 
multiple species. Another commenter stated that the Service's analysis 
has not demonstrated that inclusion of controversial areas has been 
minimized. There is no way to tell whether all of a given unit is 
necessary for that subset of taxa, which absolutely require the habitat 
found in that unit. The discussion of how each critical habitat unit 
provides for individual species helps one understand the reason for 
proposing the unit. However, additional information is needed in some 
instances (e.g., units J and N). The Service must justify every acre of 
land proposed for critical habitat designation, identify the specific 
species scheduled for recovery on that land, and explain why specific 
acreages are needed to do so.
    Our Response: In response to these concerns, we have included the 
critical habitat maps and unit justifications for each species in the 
final rule, as well as descriptions of primary constituent elements and 
a composite map showing the overlap of the areas for all of the species 
combined.
    (2) Comment: The majority of our peer reviewers agreed that the 
methodology is appropriate, scientifically well-grounded and 
conceptually sound. The approach of mapping the elevation, moisture, 
and habitat type for the listed taxa to the landscape is a sound 
approach to designating critical habitat. It seems that there is a good 
match of habitat identified long-term conservation of multiple 
populations of the listed species. The methodology uses information on 
species elevation range, vegetation type, associated species, physical 
location, and community type. It will allow the Service to revise or 
update habitat units as new information becomes available. This is more 
likely to provide habitat for the recovery of these species. The 
proposed rulemaking represents the best scientific information 
available and is a scientifically appropriate technique for determining 
critical habitat on Kauai. On the other hand, some commenters felt that 
the proposed rule was an overly broad approach to designating critical 
habitat not based on scientific principles and knowledge of the needs 
of these plant species unique to the island State of Hawaii, but on 
litigation and the threat of future litigation. Additional consultation 
with academic and professional experts was recommended. Some reviewers 
stated that no assessment of the quality of any of the data sources is 
provided, and no information is given as to how data sources of varying 
qualities were weighted in making delineations of critical habitat or 
how decisions were made as to what to rely on in the absence of 
rigorous assessments of relative quality. These commenters agreed with 
the Service's statement that ``lack of detailed scientific data makes 
it impossible for us to develop a quantitative model.'' Lack of 
knowledge means that the proposed critical habitat designation is based 
only on the general habitat features of the areas in which the plants 
currently occur. While this approach may be expedient, it has resulted 
in designations based on best guess estimations, rather than on science 
or the realities of plant recovery. The Service needs to give greater 
weight to scientific or commercial data that is empirical and has been 
field tested or verified, and needs to allow peer review by a panel of 
unbiased scientists. Other commenters felt the data on which the 
proposed critical habitat is based is 30 years-old and may need 
updating. The proposed critical habitat covers too much acreage and was 
put together too quickly, using obsolete data, sloppy science, and lots 
of guess work.
    Our Response: In accordance with our policy on peer review 
published on July 1, 1994 (59 FR 34270), we solicited the expert 
opinions of appropriate and independent specialists regarding the 
proposed rule. The purpose of this peer review was to ensure that our 
designation methodology of critical habitat of Kauai plants was based 
on scientifically sound data, assumptions, and analysis. The comments 
of the peer reviewers were taken into consideration in the development 
of this final designation. The majority of the peer reviewers support 
our methodology. All data and information on species status received in 
preparation of this rule was equally weighted and considered to come 
from reliable sources. Where

[[Page 9158]]

discrepancies existed between different data sources, the most current 
data were used. Changes in this final rule that decrease the boundaries 
of many units are based on additional information received during the 
public comment period and in meetings with additional species experts 
and land managers who were not available for comment during the 
preparation of the proposals. The changes in boundaries reflected in 
this final rule are based on additional information about areas lacking 
primary constituent elements or those that are too degraded to be 
restored. While we agree that additional time would be beneficial for 
the preparation of these final rules, we are required under the court-
approved stipulation to finalize this designation by January 31, 2003. 
If provided with new information, we may revise the critical habitat 
designation in the future.
    (3) Comment: One peer reviewer asked if the Service considered 
modeling the potential distribution based on known habitat correlates, 
as in Elith and Burgman (2002). Another peer reviewer stated that the 
Service should use spatial modeling of estimated values of selected 
habitat parameters for each species (such as elevation, median annual 
rainfall, vegetation units) as a first step in the process, rather than 
screen-digitizing. Some of the data on primary constituent elements 
(e.g., breeding system, dispersal mechanisms) can be inferred from 
similar species, but other pieces of critical information may not be 
currently available and should be the subject of further research. 
After the preliminary habitat polygons are identified, historic range 
can be determined either objectively or subjectively based on the known 
location points for a particular species. The steps going from 
narrative descriptions of habitat elements to geographical units are 
not well documented. The Service should elaborate on its methodology 
for defining the primary constituent elements for each species and the 
subsequent critical habitat.
    Our Response: We agree that modeling of potential distribution 
within historic range is important, and have used this type of 
modeling, based on the limited available information. We did not feel 
that valid habitat parameters for each species could be developed 
without first digitizing known current and historic range and using 
that information, along with available digitized information on 
elevation, rainfall, and vegetation units, to determine potential 
habitat. Using the information from existing and historically known 
plant locations, we used available digitized information on elevation, 
rainfall, and vegetation units, as well as advice from species experts, 
to model the potentially suitable habitat for each species. The 
critical habitat designated is the subset of suitable habitat that was 
determined to be essential to the conservation of each species (see the 
``Methods'' section for more detail).
    (4) Comment: Some reviewers commented that deletion of significant 
portions of any of the proposed critical units is likely to prevent the 
recovery of, and lead to the extinction of, listed species. Smaller 
units present real management challenges and may be so small that their 
ecological integrity and the viability of listed plants can't be 
maintained. The new proposal indicates that a wide range of habitats 
are covered in the areas proposed by the Service as critical habitat 
units. Units have been expanded to provide contiguous blocks of habitat 
that will reduce fragmentation and edge effects and are large enough to 
offer a variety of microsites. This will also improve the ability of 
listed species to maintain gene flow, reestablish populations following 
population declines or catastrophes, and to colonize new areas. 
However, the amount of dry and mesic forest included in proposed 
critical habitat is still very limited. Protecting critical habitat is 
essential not only for the recovery of threatened and endangered plant 
species, but also to protect the ecosystems on which these species rely 
for their long-term survival and recovery. Management actions for 
critical habitat need to allow for the expansion of populations and 
include the ecological matrix in which critical habitat is embedded. It 
is important that the adjacent noncritical habitat areas be managed for 
control or elimination of nonnative species, if recovery is to be 
achieved for the areas of less than 1,000 acres. On the other hand, 
some commenters felt that the increase in acreage from the first to the 
second proposal was the Service's attempt to get the community to be 
willing to go back to the original proposal. One commenter asked what 
the Service would do if newly obtained, good quality, scientific 
information proves the current best scientific knowledge is totally 
inaccurate.
    Our Response: The Act requires us to use the best available 
scientific and commercial information in undertaking species listing 
and recovery actions, including the designation of critical habitat as 
set forth in this rule. In this final rule, we concluded that many 
areas were not essential for the conservation of the Kauai plant 
species, based on newly available information concerning status of the 
species in specific areas and level of habitat degradation. Several 
units or portions of units proposed as critical habitat have been 
excluded because they are not essential for the conservation of the 
species. We determined them to be non-essential due to their lacking 
primary constituent elements, or having primary constituent elements 
but there are other places for these species that have more primary 
constituent elements and/or are less degraded. See the ``Summary of 
Changes from the Revised Proposed Rule'' section for the justification 
for each unit's changes.
    We realize that smaller areas will most likely require more 
management to maintain the plant populations and their habitat, but in 
many cases they are the only areas with the primary constituent 
elements needed for each species. We concur on the importance of 
protecting the ecosystems on which these species depend, as stated in 
purpose of the Act (section 2(b)), and of managing areas large enough 
to maintain and expand populations. We considered the importance of 
this, as well as the location of primary constituent elements, when 
delineating the boundaries of critical habitat for these final 
designations of critical habitat. We included areas that provide the 
biological and other processes that are essential for the conservation 
of the species. We acknowledge the potential negative impacts of edge 
effects on small habitat fragments. However, these species' primary 
constituent elements are found only within the areas that were 
designated critical habitat, and making them larger would add areas 
that lack the primary constituent elements. All of the changes in 
critical habitat from the first proposal, through the second, to this 
final, are based on the best available information received during 
comment periods, and are based on biological issues, not political or 
social issues. If new information becomes available indicating the 
existing critical habitat designations are not essential for the 
conservation of the species and/or that other areas are, we may propose 
revised designations for those species at that time.
    (5) Comment: Critical habitat designation should be primarily 
directed toward areas that are currently being intensively managed or 
may be the subject of conservation agreements in the future for those 
species that are known to naturally occur in these habitats. A 
suggested method is that once realistic management units have been 
identified based on the management factors to address limiting factors 
(e.g. fence lines, fire control), the

[[Page 9159]]

next step is to see how many distinct populations of each plant species 
exists or can be established within those units to meet the species 
overall habitat needs to support eight to ten populations. Only after 
this analysis has been made and found to be lacking, would you start 
looking outside these management units for other lands needed. The 
commenter believes that this approach not only meets the legal 
requirements for critical habitat designation, but provides the best 
approach for recovery of the species.
    Our Response: We agree that managed areas containing current or 
historic populations are vitally important to the conservation of the 
species, and have included managed areas on Kauai with appropriate 
primary constituent elements in critical habitat. Managed lands are not 
included only if management is sufficient to demonstrate that special 
management considerations or protection are not required, pursuant to 
16 U.S.C. 1532(5)(A)(i). See ``Managed Lands.'' However, these areas 
alone or in conjunction with other areas that may be managed in the 
future do not include all of the habitat essential for the Kauai and 
Niihau species. Therefore, we have designated these managed areas along 
with additional areas outside of managed units as critical habitat. In 
our final analysis, for each species, we ranked areas of the proposed 
critical habitat by the quality of the primary constituent elements, 
potential as a recovery area, and current or expected management of 
known threats. Areas that contain high quality primary constituent 
elements, are zoned for conservation, and have on-going or expected 
threat abatement actions were given high ranks. Of these highly-ranked 
areas, we selected adequate area for 8 to 10 populations distributed 
among the islands of each species' historical range. Of the proposed 
critical habitat for a species, areas that were not highly ranked and 
that may provide habitat for populations above the recovery goal of 8 
to 10, were determined not essential for the conservation of the 
species and were excluded from the final designation (see ``Criteria 
Used to Identify Critical Habitat'').
    (6) Comment: Designate critical habitat for Federal lands only.
    Our Response: Federal lands on the island of Kauai include the 
Navy's Pacific Missile Range Facility (PMRF) at Barking Sands and 
Makaha Ridge and the Service's Kilauea Point National Wildlife Refuge, 
Hanalei National Wildlife Refuge, and Huleia National Wildlife Refuge. 
In this final rule, we are designating critical habitat for Panicum 
niihauense at Barking Sands, as this dune habitat is essential for the 
conservation of this species. This dune habitat is not essential for 
the conservation of the other 82 species at issue on Kauai. In this 
final rule, we are not designating critical habitat for Wilkesia hobdyi 
at Makaha Ridge, as this habitat is not essential for the conservation 
of this species. This habitat is not essential for the conservation of 
the other 82 species at issue on Kauai. None of the 83 species at issue 
on Kauai are known currently or historically from the Service's refuges 
at Kilauea Point, Hanalei, or Huleia, and these Federal lands are not 
essential for the conservation of the 83 species at issue on Kauai.
    (7) Comment: The Service cannot lawfully exclude areas from 
critical habitat based on a finding that they currently are adequately 
managed or protected. To do so would violate the mandatory duty to 
designate critical habitat to the maximum extent prudent and 
determinable. The commenter urges the Service not to exclude any areas 
from designation on this basis (already managed or protected), since 
doing so would violate the mandatory duty to designate critical habitat 
``to the maximum extent prudent and determinable.''
    Our Response: We disagree as ``special management considerations or 
protection'' is part of the definition of critical habitat and must be 
given meaning when designating critical habitat. Specifically, we 
believe that adequate special management consideration or protection 
could be provided by a legally operative plan or agreement that 
addresses the maintenance and improvement of the primary constituent 
elements important to the species and manages for the long-term 
conservation of the species. However, for this designation we did not 
identify essential habitat features that already have adequate 
management and would not be included on that basis.
    (8) Comment: Several commenters supported the Hawaii Division of 
Forestry and Wildlife proposal for designating critical habitat on 
existing managed areas as these areas are where the limiting factors 
for species conservation can be addressed. Furthermore, one landowner 
noted that a large portion of his/her lands are managed by the Hawaii 
Division of Forestry and Wildlife.
    Our Response: We agree that the State DOFAW staff have valuable on 
the ground experience and scientific information that has been 
essential to our critical habitat decision making process. However, we 
did not adopt DOFAW's first proposal (January 11, 2001) as it did not 
adequately address all of the conservation needs of the species in 
accordance with the Act. After publication of the January 28, 2002, 
revised proposed critical habitat rule, we met several times with Kauai 
DOFAW staff and conducted several site assessment surveys. As a result 
of the assessment surveys and information provided to us by Kauai DOFAW 
staff, we were able to better identify areas that did not contain 
primary constituent elements. In addition, we received important 
information from Kauai DOFAW staff that enabled us to refine the final 
critical habitat designations to better meet the conservation needs of 
the species.
    (9) Comment: One commenter stated that it is extremely difficult to 
come up with a biologically sound definition of a population that can 
be realistically applied to the distribution and abundance of a rare 
species in the wild. However, the commenter noted that defining 
separate populations as being more than 1,000 meters apart is both 
biologically meaningful and operationally useful and serves as the 
focus of the Army's species stabilization efforts in the Waianae 
Mountains of Oahu. A commenter noted that the separation distance of 
1,000 meters is probably adequate for most small-scale disturbance 
events, but will be inadequate for large-scale disturbances. The 
problem of defining populations requires knowledge of gene-flow 
patterns. The commentor recognizes that the proposed targets for 
population recovery are initial and not derived from any detailed 
understanding of genetic architecture. The commentor recommends 
altering these objectives, but would suggest that the Service state the 
need for more studies on population genetics. In addition, the targets 
present a demographic challenge to achieve a population of 100 mature 
individuals and will require massive plantings to counteract mortality. 
These practical challenges should be made clear.
    Our Response: We agree that the operational definition of 1,000 
meters between separate populations is adequate in the absence of 
information on the specific biological requirements of a population for 
each species. The need for genetic and demographic studies and the 
understanding of challenges to reintroduction are addressed in the 
species' recovery plans.
    (10) Comment: Many commenters stated that a multi-population 
approach is essential for the conservation of many of the rare Hawaiian 
plant species, since the purpose of critical habitat and

[[Page 9160]]

recovery in general is to eventually have wild populations that are 
self-sustaining and no longer in need of protection under the Act. The 
strongest argument for this strategy is the fact that these populations 
are subject to many types of catastrophic events, ranging from 
widespread phenomena such as hurricanes, wildfire, or ungulates, to 
localized events like landslides, predators, or even disease outbreaks. 
The multi-population approach offers the opportunity to protect wider 
latitude of genetic variability for the species as a whole, rather than 
concentrating on a single or small number of areas with genetically 
more similar individuals. The Service's use of Hawaii and Pacific Plant 
Recovery Coordinating Committee (HPPRCC) guidelines for population size 
and numbers of populations needed to maintain Hawaiian plant taxa are 
probably the best general guide, since the general tenets of minimum 
viable population size and numbers are not defined for Hawaiian taxa. 
The targets (8 to 10 from 100 to 500) used in the critical habitat 
designations are generally lower than those used by the HPPRCC to 
identify essential habitat for listed plants and should be considered 
as the ``low end'' of what is likely needed for recovery.
    Our Response: We agree that the multi-population approach to 
conservation is necessary for the recovery of Hawaii's endangered 
plants. We have used the lower end of the HPPRCC guidelines, as that is 
what the Service believes is essential to the conservation of the 
species, based on the current conservation literature (see ``Criteria 
Used to Identify Critical Habitat'' section).
    (11) Comment: Two peer reviewers stated that just because a species 
is found in a certain habitat now does not mean that this habitat is 
the best place for it to thrive and reproduce. For example, repeated 
references to steep slopes as being primary constituent elements of 
critical habitat should not be construed as representing optimum 
habitat; they are likely remnant populations. The current distribution 
of a species today may not be a good indication of its optimal habitat, 
for example dry and mesic forest plants that are historically known 
only from lowland areas and not high elevation areas (where relatively 
more complete data are found); areas that were extremely degraded 
before good records were kept on species distribution and habitat 
needs.
    Our Response: Our regulations state that the Secretary shall 
designate as critical habitat areas outside the geographical area 
presently occupied by a species only when a designation limited to its 
present range would be inadequate to ensure the conservation of the 
species. In our designation, we used the best scientific and commercial 
data available, both historic and current, from a variety of sources 
(see ``Methods'' section) to specify any particular area as critical 
habitat (section 4(b)(2) of the Act) and to determine the physical or 
biological features essential to the conservation of the species 
(section 3(5)(A) of the Act). As pointed out by reviewers, biological 
information is extremely limited for many species, and therefore the 
only information available may indicate the species is restricted to a 
particular topography, soil or forest type. No critical habitat was 
designated for a species outside of its known historic range or known 
suitable habitat.
    (12) Comment: Several comments were received in support of the 
designation of unoccupied habitat. Unoccupied habitat within critical 
habitat is important for natural dispersal of plant populations beyond 
their current distribution as well as providing sites for 
reintroduction of new populations if needed. The biological needs of 
the species are well enough known to warrant the protection of 
unoccupied habitat. These unoccupied areas will be especially important 
to dry and mesic forest species. Protecting unoccupied habitat is 
essential since currently occupied areas are inadequate for recovery. 
On the other hand, several comments were also received against the 
designation of unoccupied habitat. Some felt that at least 70 percent 
of the proposed critical habitat is not really habitat at all, in that 
it is not inhabited by any of the species but is unoccupied. Because 
there is no data to show that excluding these areas will result in the 
extinction of the species, the Service should omit them from 
consideration. Several areas do not contain listed species or do not 
contain records of historic sightings and so do not appear to be 
warranted as essential for the conservation of any species. The lands 
that could be excluded from critical habitat without causing the 
species to go extinct include Unit D1, D2, N, L, and private lands. 
Other commenters were concerned that is difficult for the Service to 
justify its expanded proposed designation if it does not know what 
physical and biological features are essential to the species' growth, 
germination or methods of seed dispersal as required by its own rules. 
The vast majority of the proposed areas are presently unoccupied by the 
species in question and their successful introduction to and survival 
in these areas is speculative. These commenters believe that the first 
proposed designation was correct.
    Our Response: Our recovery plans for these species (Service 1994, 
1995, 1996, 1997, 1998a, 1998b, 1998c, 1999) identify the need to 
expand existing populations and reestablish wild populations within 
historic range. We have revised the designated critical habitat in the 
final rule to incorporate new information and/or address comments and 
new information received during the comment periods, including 
information on areas of potentially suitable unoccupied habitat for 
some of these species. Many of the units have been reduced based on 
this newly available information. However, for most of the species, 
there are not enough existing populations and most of them are not 
currently viable. While they may continue to exist at their current low 
numbers until a catastrophic event causes their extinction, the 
Service's goal, as stated in section 2(b) of the Act, is to recover the 
species. Therefore, the protection of additional unoccupied critical 
habitat is essential to ensure the recovery of these species through 
reintroduction. We also realize that, although propagation and 
reintroduction are difficult for some species, both are vitally 
important to their recovery. Many recovery plans therefore include 
research into best methods of propagation and reintroduction as 
important tasks prior to attempting reintroduction.
    (13) Comment: Some commenters stated that good quality habitat 
should be designated in lieu of more degraded habitat. However, 
degraded areas should only be excluded from proposed critical habitat 
if they lack the ability to become habitat in the future. On the other 
hand, some commenters said that they see little on-the-ground logic to 
defend designations of unoccupied habitat and believe the Service must 
have other strategies rather than just carving out land areas, 
especially in highly degraded or altered habitats. In some instances, 
all potential habitats for a species have been degraded to the point 
that alien species dominate the site. Recovery efforts in these 
situations need to include both species management, coupled with 
habitat restoration efforts.
    Our Response: We agree that recovery of a species is more likely in 
higher quality habitat containing the physical or biological features 
essential to the conservation of the species. To this end, several 
units have been excluded for some species, as sufficient area is 
available in less degraded areas. However, for some species, 
particularly

[[Page 9161]]

those only known from low elevation areas, only degraded habitat 
remains. Therefore, some units still contain degraded habitat, but only 
if experts agreed that the areas could be restored. Management for the 
restoration of these habitats is addressed in the species' recovery 
plans.
    (14) Comment: The recovery effort in Hawaii will not be effective 
without a well-developed and implemented management strategy. The 
designation of critical habitat without adequate management does not 
necessarily ensure benefit or recovery to a plant species. Some of the 
critical habitat units cannot sustain the projected recovered 
populations at current levels of habitat management and investment. 
Control of key threats such as feral ungulates, alien weeds, and wild 
fires is crucial to the recovery of listed plants. Alien species are 
significant problem that need to be addressed in order to be effective 
in the conservation of Hawaiian plants and animals. However, the land 
managers have not been able to control some invasive weeds, such as 
banana poka and lantana. There are workable methodologies for dealing 
with some of the factors that affect listed species and critical 
habitat (e.g., fencing and removal of ungulates). For other factors, 
such as lost pollinators, dispersers, or climate change, effective and 
appropriate techniques are still being sought. However, from a 
practical standpoint, if efforts to save threatened and endangered 
species were dependent on full knowledge of all factors relating to 
their survival, few if any would have a chance. This lack of knowledge 
or control tools should not be a reason to give up on recovery efforts 
for the native species that are affected. Waiting for all factors to be 
identified and validated would perpetuate current levels of habitat 
loss and/or management inaction.
    Our Response: Critical habitat designation is one of a number of 
conservation tools established in the Act that can play an important 
role in the recovery of the species, and the Service is directed to 
designate critical habitat based on the best available scientific and 
commercial information. The management of alien species is an important 
conservation issue that is addressed in the recovery plans for these 
species. Other, less understood issues are identified in the recovery 
plans as requiring research to determine appropriate actions. The 
Service's role in the recovery of these species is to work with other 
agencies, organizations, and individuals to coordinate the 
implementation of the recovery plans in a strategic manner.
    (15) Comment: ``Reduced reproductive vigor due to small numbers of 
extant individuals'' or inbreeding depression should not be cited as 
potential problems unless species-specific information is available. 
Hawaii's endangered species are biologically incompetent, and totally 
unable to repopulate the vast areas you are proposing as critical 
habitat. They should just be grown in a garden setting, since that is 
the only way they will survive. Extinction is a natural part of 
evolution.
    Our Response: We are required under section 4 of the Act to 
designate critical habitat based on the best available information we 
have at the time of designation. In addition, we are directed by the 
Act to recover the species and the ecosystems on which they depend, not 
just preserve them in a horticulture facility. We realize that 
designation of critical habitat alone will not achieve recovery. Many 
of the species have been reduced to such low numbers that the recovery 
plans identify propagation and reintroduction as a key step. While we 
do not have direct evidence for most species to indicate that reduced 
reproductive vigor or inbreeding are problems, we believe they should 
be considered, based on current conservation biology theory and 
practice. This is particularly important to consider when developing a 
propagation and reintroduction program, to ensure that recovery efforts 
do not cause or exacerbate genetic issues. We also realize that 
management of the habitat is essential to the species' recovery. All of 
these issues are addressed in the species' recovery plans. And, while 
extinction is a natural part of evolution, there are numerous 
references in the conservation literature that the rate of extinction 
today is unprecedented.
    (16) Comment: It should be noted that in many cases disturbance has 
been shown to contribute to the survival of species when it occurs at 
an appropriate level and at appropriate intervals.
    Our Response: For some species it may be true that disturbance was 
a natural process that may have benefitted the species in the past. 
Today, however, many listed species are greatly reduced in numbers and 
occur in fragmented habitats that have been highly altered by alien 
species, to the point that the natural disturbance process is no longer 
present. When disturbances, such as hurricanes, do occur now, the most 
likely result is an increase in alien species, rather than native 
habitat. In addition, the small numbers of remaining individuals in 
greatly reduced ranges are far more vulnerable to extinction from one 
disturbance event, whether natural or human-caused.
    (17) Comment: The proposal failed to contain the total of 
historically known listed plants, and therefore failed to propose 
critical habitat for all listed plants statewide. About 10 percent of 
the historically known listed endangered plant species from the 
Hawaiian islands are missing from the proposal. The following 
endangered plant species lack critical habitat on Kauai and/or Niihau: 
Caesalpinia kavaiensis, Haplostachys haplostachya, Hibiscadelphus 
distans, Marsilea villosa, and Scaevola coriacea.
    Our Response: These species were not part of the lawsuit and 
subsequent stipulations, and therefore were not included in this 
rulemaking. Critical habitat for these species may be considered in the 
future if warranted and funding and resources are available.
    (18) Comment: One peer reviewer stated that the Service did 
consider the entire range of plants found on multiple islands, 
particularly since they are going through the same process of 
designation of critical habitat on all of the Hawaiian Islands. On the 
other hand, some commenters stated that the revised proposal's 
treatment of ``multi-island'' plants historically, but not currently, 
found on Kauai or Niihau makes it impossible to determine whether the 
Service is complying with its statutory duty to identify adequate 
habitat for these species' recovery. By proposing critical habitat 
island-by-island, rather than species-by-species, there is no way for 
reviewers to know what areas statewide ultimately will be proposed for 
the multi-island species. The revised proposal's treatment of ``multi-
island'' plants historically, but not currently, found on Kauai or 
Niihau makes it impossible to determine whether the Service is 
complying with its statutory duty to identify adequate habitat for 
these species' recovery.
    Our Response: In response to this concern, the Service reopened the 
comment periods for the proposed designations and nondesignations of 
critical habitat for plant species on the islands of Kauai, Niihau, 
Molokai, Maui, Kahoolawe, northwestern Hawaiian Islands, Hawaii, and 
Oahu after these proposals were published. This comment period, which 
was open from August 26, 2002 to September 30, 2002, allowed all 
interested parties to submit written comments on these proposals 
simultaneously and address issues associated with multi-island species.
    (19) Comment: The boundaries of critical habitat should follow 
elevation contours, ridge lines, and other natural

[[Page 9162]]

features that naturally delineate the units, rather than long, 
straight-line segments.
    Our Response: The boundaries of the proposed critical habitat 
designations were generalized for ease of mapping. With this final 
rule, the new units are separately mapped for each species and are more 
true to the elevation contours, the distribution of habitat, and other 
natural features.
    (20) Comment: The agricultural and grazing lands proposed for 
designation will never contribute to the conservation of these species, 
they are certainly not essential, and it is doubtful that listed 
species still occur on these lands.
    Our Response: When delineating critical habitat units, we made an 
effort to avoid developed areas such as towns, agricultural lands, and 
other lands with similar features that do not contain the primary 
constituent elements. Less than one percent of the critical habitat 
designated in this final rule is within lands districted as 
agricultural lands, with most of the designated critical habitat in 
lands districted as conservation lands. However, some species, such as 
Ischaemum byrone and Sesbania tomentosa, only occur in low elevation 
areas where agriculture is most common, and enough habitat necessary 
for the conservation of the species that contains some of the primary 
constituent elements and can be restored to have all of the primary 
constituent elements is not available outside of agriculturally zoned 
lands.
    (21) Comment: One commenter asked if ``historical'' equals post-
Polynesian, or post-European, or is it defined by the prevailing 
climate. The dates of population extirpations should be provided (e.g., 
Delissea rhytidosperma). These dates are important in defining 
``historical'' sightings.
    Our Response: The Service's definition of the term ``historical'' 
is any plant location information gathered prior to the 1970s. The term 
does not refer to post-Polynesian or post-European time periods, and is 
not defined by the prevailing climate. Documented botanical collections 
in the Hawaiian Islands began in the late 1700s and continued 
intermittently through the early half of the 20th century. In the early 
1970's there was a renaissance in Hawaiian botanical surveys that 
continues today. This included the establishment of several botanical 
gardens (e.g. National Tropical Botanical Garden in 1970; Lyon 
Arboretum in the early 1970s), which have served as an important source 
of information on native plant species status and locations. The 
passage of the National Environmental Policy Act in 1969 also 
encouraged increased surveys of areas as part of the EA/EIS process and 
thus provided support for private contract botanists whose work entered 
the public arena as addenda to EAs and EISs. This invigorated effort to 
document the occurrences of Hawaiian plants was also accompanied by 
observations on the loss of plant populations from previously known 
locations due to habitat loss and impacts of free ranging ungulates. 
These observations lead to a more regular documentation of the causes 
of decline of Hawaiian plants. Prior to the 1970s, such impacts were 
rarely recorded even though declines in Hawaiian plant populations were 
noted. Also at this time there was a growing national recognition that 
species of plants and animals were being threatened by extinction due 
to human activities. This concern lead to the passage of the U.S. 
Endangered Species Act in 1973.
    (22) Comment: Phlegmariurus nutans has survived for at least a 
century without having any habitat on Kauai. If these plants could grow 
or be cultivated anywhere else, the designated area is not essential. 
Designating more such areas as critical habitat would not improve that 
species' chances of survival. Much of the area that would be restricted 
from human use by the critical habitat designation may be useless to 
the species that the Service is trying to protect. Four of the plants 
have not been seen in more than 30 years, and two others were reported 
as having been seen within the past 30 years on Kauai. Critical habitat 
should only be designated for areas that host existing populations of 
the designated species. If a species is gone from an area, it could 
mean that the designated area is no longer ideally suited to support 
that species for one reason or another (water table may have changed, 
ground may have become more saline, animal or insect encroachment, 
etc.) so no matter what actions are prescribed, the species will most 
likely not return and successfully thrive in that environment. A 
critical habitat area should not be designated for a species that does 
not already live in it if there is no reasonable way for the species to 
get to that area under its own power. If it has to be artificially 
transported, then that area should not be designated. On the other 
hand, two of the planitiffs supported the Service's inclusion of 
critical habitat designation for seven species not currently known from 
Kauai: Ctenitis squamigera, Diellia erecta, Diplazium molokaiense, 
Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus nutans, and 
Phyllostegia waimeae.
    Our Response: We designated critical habitat for those species not 
recently seen on Kauai only if historic information was available on 
the primary constituent elements for those species on Kauai and if such 
areas still exist with those primary constituent elements or in which 
the primary constituent elements can be restored. We agree that the 
species will most likely not disperse to these sites under natural 
circumstances, because the intervening areas are often not suitable 
habitat for the species or have become too degraded, or because the 
pollinator may be lacking in those areas. Therefore, recovery plans 
include propagation and reintroduction into currently unoccupied but 
historical habitat. While not all designated critical habitat may 
contain all the primary constituent elements in their present 
condition, we believe that they can be restored with management 
actions.
    (23) Comment: The Service has undertaken a detailed evaluation of 
the proposed critical habitat areas on State lands on Kauai to assess 
how much of the unoccupied habitat is really essential and which lands 
can be effectively managed for the benefit of the species. The Service 
should extend its evaluation to private land and land on other islands.
    Our Response: We agree, and have met with any landowner who has 
requested to discuss and visit their lands. Many of those discussions 
have resulted in changes to some of the critical habitat units, as 
described in the ``Summary of Changes from the Revised Proposed Rule'' 
section.
    (24) Comment: The hunters, hikers, and local people are the first 
line resources in protecting these plants, and at no cost to the 
government. Spend Federal monies to educate and teach the local people, 
rather than on critical habitat designation.
    Our Response: We agree that the local people are an excellent 
resource to aid in the management of endangered species. For example, 
the Service has funded for several years a weed control project in the 
Kokee area of Kauai which operates largely on local volunteer efforts. 
While these management efforts are extremely beneficial for endangered 
species protection, section 4 of the Act still requires the Service to 
designate critical habitat.
    (25) Comment: The statement that designating critical habitat would 
not provide significant benefits to the Pritchardia species is flawed 
because critical habitat designation would help them to recover to a 
non-imperiled

[[Page 9163]]

status. The Service did not base its original ``not prudent'' finding 
on the likelihood that designation would increase threats, as it now 
attempts to do. Nor does it explain why designating critical habitat on 
the privately owned island of Niihau would increase collecting beyond 
current levels.
    Our Response: Since the listings of the three Pritchardia species 
on Kauai and Niihau as endangered, and prior to our proposed rules for 
the designation of critical habitat, we received information verifying 
vandalism and collection threats to Pritchardia throughout the Hawaiian 
Islands. This information is included in the proposed rules. We have 
revised critical habitat designations based on additional information 
received during comment periods. However, no additional information was 
provided during the comment periods demonstrating that the threats to 
the Pritchardia species on any Hawaiian Island from vandalism or 
collection would not be increased if critical habitat was designated. 
We still believe that the benefits of designating critical habitat do 
not outweigh the potential threats from vandalism and collection of 
these three species of Pritchardia.
    (26) Comment: The revised proposal identifies as critical habitat 
only the habitat that Hibiscus clayi currently occupies, despite the 
Service biologist's concession that this area alone is inadequate to 
support the recovery of the species.
    Our Response: We agree that the area proposed as critical habitat 
for Hibiscus clayi is inadequate for the recovery of the species. 
During the public comment period, we received additional information, 
and have designated five other units of critical habitat for this 
species within the previously proposed unit M (now Unit 4), based on 
the presence of primary constituent elements. Habitat has been 
designated for six populations, however we do not have information on 
other locations or additional areas that are suitable or essential for 
this species.
    (27) Comment: The expansion of the area in the revised proposal 
raises concerns about the limited data used in the mapping process.
    Our Response: When developing the proposal to designate critical 
habitat for 83 plants from Kauai and Niihau, we used the best 
scientific and commercial data available, including but not limited to, 
information from the known locations, site-specific species information 
from the HINHP database and our own 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; the final listing rules for these species; information 
received at the three informational open houses held on Kauai at the 
Waimea Community Center, the Kauai War Memorial Convention Hall in 
Lihue, and the Kilauea Neighborhood Center, on October 19 to 21, 1999, 
respectively; recent biological surveys and reports; our recovery plans 
for these species; information received in response to outreach 
materials and requests for species and management information we sent 
to all landowners, land managers, and interested parties on the islands 
of Kauai and Niihau; discussions with botanical experts; 
recommendations from the Hawaii Pacific Plant Recovery Coordinating 
Committee (HPPRCC) (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 
1998c, 1999; HPPRCC 1998; HINHP Database 2000; CPC in litt. 1999); 
Geographic Information System (GIS) coverages (e.g. vegetation, soils, 
annual rainfall, elevation contours, land ownership); new information; 
completed recovery plans; and information received during the public 
comment periods and public hearings.
    (28) Comment: What would make sense is for the Service to develop a 
plan for human intervention, including the required funding, and then 
designate selected areas as critical habitat.
    Our Response: Recovery plans, in which human intervention actions 
are recommended for the conservation of all of the 83 plants that are 
the subject of this critical habitat rulemaking, have already been 
developed (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999). 
In the recovery plans we identified habitat areas deemed essential to 
the recovery of these plant species and referred to these areas during 
our development of the critical habitat designations.
    (29) Comment: The designation of critical habitat in unoccupied 
habitat is particularly important, since this may be the only mechanism 
available to ensure that Federal actions do not eliminate the habitat 
needed for the survival and recovery of extremely endangered species.
    Our Response: We agree. Our recovery plans for these species 
(Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999) identify 
the need to expand existing populations and reestablish wild 
populations within historic range.
    (30) Comment: There cannot be adequate assessment of possible 
impacts by a proposed Federal action to a species that is not there any 
more. Such an assessment is impossible without a total analysis of why 
a plant species no longer occurs in a region.
    Our Response: In cases where a proposed Federal action takes place 
in unoccupied critical habitat, we will assess whether the proposed 
action is likely to destroy or adversely modify the primary constituent 
elements that are needed for the future conservation of the species in 
question. If we find that the proposed action will appreciably diminish 
the habitat's value for both survival and recovery of the species, we 
will recommend reasonable and prudent alternatives.

Issue 2: Site-Specific Biological Comments

    (31) Comment: The proposed rule could and should have included a 
more detailed discussion of why the revision included an expansion of 
critical habitat units in northwestern Kauai (i.e., units O and I).
    Our Response: We agree that a more detailed discussion of why areas 
are included and excluded from each unit would be helpful. Therefore, 
in ``Summary of Changes from the Revised Proposed Rule'' section, we 
have given detailed descriptions for each species of why the units have 
changed.
    (32) Comment: Unit D does not contain any listed species and so 
does not appear to be warranted as essential for the conservation of 
the species. Areas in units D1, D2, and E that do not contain the 
primary constituent elements should be remapped in the final rule. The 
critical habitat area on the beach was proposed to be limited to the 
dunes on the southern portion of the parcel, to what is commonly known 
as ``Long Beach.'' The lower slopes of the Haupu range and the Kipu/
Kipukai/Hoary Head range in Unit E are covered by Eucalypts robusta, 
Melaleuca, Grevillea, Casuarina, mango, Java plum, catclaw vine, 
Rhodomyrtus, Ficus benjamina, and other introduced plants and animals, 
especially below 1,500 feet elevation. These areas do not contain 
suitable habitat for listed species and should not be critical habitat.
    Our Response: We agree that proposed unit D1 is not essential for 
the conservation of Sesbania tomentosa, and have excluded it from 
critical habitat designation. We agree that parts of proposed units D2 
and E do not contain the physical and biological features essential to 
the conservation of Brighamia insignis, Delissea rhytidosperma, 
Isodendrion longifolium, Lipochaeta micrantha, Melicope haupuensis, 
Munroidendron racemosum, Myrsine linearifolia, Peucedanum sandwicense, 
Pteralyxia

[[Page 9164]]

kauaiensis and Schiedea nuttallii and have modified these proposed 
units to exclude areas which are not essential to the conservation of 
these species.
    (33) Comment: From the large scale map of the proposed area on 
Niihau provided in the Department of the Interior correspondence it is 
impossible to determine the exact boundaries of the proposed critical 
habitat. The commenter felt that creating this entity on Niihau is 
somewhat arbitrary.
    Our Response: More detailed maps are available on request (see 
Addresses section). We used the best available information to determine 
these boundaries, and based on new information made available during 
the comment period, Cyperus trachysanthos was removed from the low, 
wetland area of Niihau. More appropriate habitat to reach our recovery 
goals was available on other islands in areas that are less degraded 
and already being managed for conservation. However, Brighamia insignis 
needed more critical habitat than was available on Kauai, the only 
other island on which it is currently or historically known.
    (34) Comment: It is unclear why the areas between Wahiawa Bog and 
Waialeale (unit N) or the central portion of unit J are necessary for 
either connectivity purposes or as needed unoccupied habitat. While 
these areas may be in a relatively good condition and may benefit other 
listed species (such as forest birds), it is not clear what additional 
value they contribute to listed plants. It is unclear why some critical 
habitat units (L, J, and N) need to be so large. The portion of this 
unit between Wahiawa Bog and Waialeale should be re-evaluated to 
clarify its value to target plant species. Portions of the wet forest 
in Unit J may potentially be deleted without compromising the recovery 
of target plant species. The landowner questioned the new information 
available for designating the entire Wainiha Valley as critical 
habitat. At minimum, the proposed critical habitat in Wainiha Valley 
should be restricted to the upper portion of the valley where occupied 
endangered plant habitat has been identified. This area is not an 
inconsiderable amount and may be sufficient to provide for any 
additional unoccupied habitat necessary for the conservation of the 
affected species.
    Our Response: We agree, and have modified the units L, J, and N to 
exclude areas without primary constituent elements, including the lower 
reaches of Wainiha Valley. Other more intact areas are being designated 
on Kauai or proposed on other islands for those species as identified 
in the ``Summary of Changes from the Revised Proposed Rule'' section.
    (35) Comment: If Wainiha is excluded from critical habitat 
designation, the entire ecosystem would receive protection. The Nature 
Conservancy of Hawaii (TNCH) would work with partners from the National 
Tropical Botanical Garden and the Service concerning the area, 
including specific endangered species habitat protection. In addition, 
the landowner may enter into a perpetual conservation easement with 
TNCH and support species management on a long term basis. On the other 
hand, designating Wainiha as critical habitat will likely bring about 
actions detrimental to the preservation of the area and its endangered 
species. The landowner may react to critical habitat designation by 
closing up all access to the valleys for survey and data collection, 
conservation efforts, and management of endangered species.
    Our response: We have evaluated the proposed critical habitat for 
the species in Wainiha Valley and have reduced the area based on the 
biological needs of the species and their recovery goals (see ``Summary 
of Changes from the Revised Proposed Rule: Kauai J'').
    (36) Comment: No information is available, currently or 
historically, for the designation of critical habitat in the lower 
elevation areas of unit M. Because none of these species currently 
exist on the land, based on a survey by a botanical consultant in 1998, 
there is seemingly no reason to believe that excluding the area would 
lead to their extinction. The landowner is unaware of any other 
reliable scientific data on this area and is unaware of any attempts by 
the Service to enter the property to gather such data.
    Our Response: We have revised the units for the species in unit M 
to eliminate much of the area in the lower elevations of unit M to 
exclude areas without primary constituent elements, based on new 
information received during the public comment period. In addition, 
other more intact areas are being designated or proposed on Kauai or on 
other islands for those species as identified in the ``Summary of 
Changes from the Revised Proposed Rule'' section.
    (37) Comment: Some areas of Unit O are overgrown with Java plum, 
monkeypod or kukui and have no endangered plant species and should not 
be designated as critical habitat.
    Our Response: We agree, and have modified the units to exclude 
areas without primary constituent elements. Other more intact areas are 
being designated or proposed on Kauai or on other islands for those 
species as identified in the ``Summary of Changes from the Revised 
Proposed Rule'' section.
    (38) Comment: There is no indication that the Navy parcels are, in 
fact, critical to the survival of these species. The military has 
numerous structures and activities that are within proposed critical 
habitat but are unsuitable for listed species. Without confirmation of 
an actual link between these specific areas and the survival of Panicum 
niihauense or Wilkesia hobdyi, designation of these areas as critical 
habitat would be imprudent. The following should be removed from the 
critical habitat designation: a 750 buffer area from the center of the 
runway; which is continually mowed, restrooms, pavilion, and unpaved 
parking area at Majors Bay Recreation Area; the antennae fields and 
associated ground radial systems, which are continually mowed; 
Amphibious Assault Training/RIMPAC Staging Area that disturb the 
vegetation and substrate; other structures such as buildings, roads, 
aqueducts, telecommunications equipment, telemetry antennae, radars, 
missile launch sites, and other manmade features; ground hazard areas 
established as safety zones around each missile launch site and launch 
pads; northernmost property line where ``Smokey SAMs'' are launched; 
other planned launch sites; Boresighting Tower, which is continually 
mowed; Borrow Pit site, which is mined; Composting Facility; and the 
Small Arms Firing Range and Construction Debris Stockpile, which will 
require the removal of vegetation and sand.
    Our Response: We have had numerous discussions with the Navy 
regarding these areas, and as a result, have removed some sections of 
the units for these species, based on the lack of primary constituent 
elements. However, other areas could not be excluded because they do 
contain the primary constituent elements for these species, as 
described for each in the ``Hawaiian plants--Constituent elements'' 
section. These areas are necessary for the recovery of the species, and 
not enough other areas are available containing these primary 
constituent elements outside of the PMRF.
    (39) Comment: The Navy has recently completed and begun 
implementing their Integrated Natural Resources Management Plan (INRMP) 
for the Pacific Missile Range Facility (PMRF). The Service has 
indicated an apparent willingness to reassess the critical habitat 
boundaries in light of this INRMP.
    Our Response: We have reviewed the existing INRMP for PMRF. It is 
currently


[[Continued on page 9165]]


From the Federal Register Online via GPO Access [wais.access.gpo.gov]
]                         
 
[[pp. 9165-9214]] Endangered and Threatened Wildlife and Plants; Final Designation 
or Nondesignation of Critical Habitat for 95 Plant Species From the 
Islands of Kauai and Niihau, HI

[[Continued from page 9164]]

[[Page 9165]]

not adequate to find that the designated areas in PMRF are no longer in 
need of special management considerations or protection and thus do not 
meet the definition of critical habitat because it does not include 
enough specific information on the conservation of Panicum niihauese. 
As far as the Service is aware, this INRMP has not yet been updated to 
address management needs of this species.
    (40) Comment: Additional dry and mesic areas should be considered 
for critical habitat designations, including Olokeke Canyon.
    Our Response: Olokele Canyon was not included in any critical 
habitat designations because no data was available on the historic or 
current primary constituent elements or current species locations 
within those lands.
    (41) Comment: One commenter would like to see Haena State Park 
removed from the critical habitat designation, because it is a high use 
visitor area, wall to wall historic and cultural landscape, and very 
degraded habitat with very few native plants. The cultural sites are 
currently being restored by the Hawaiian community.
    Our Response: Information received during the public comment period 
informed us of the lack of primary constituent elements for the species 
in this area. Therefore, we revised the lines for the final designation 
to start around the 200-foot elevation line where a higher density of 
primary constituent elements exist for the species at issue.

Issue 3: Legal Issues

    (42) Comment: Critical habitat designation and the underlying 
decision to list as endangered the species that are the subject of the 
designation, exceed the constitutional limits of the Service's 
delegated authority. Congress enacted the ESA as an exercise of its 
Commerce Clause power and delegated exercise of that Commerce Clause 
power to the Service to apply the ESA by regulation. The listed species 
are not interstate. They exist only in Hawaii and do not cross State 
lines. Nor are they in commerce as the subject of any economic 
endeavor. They lack any commercial value. Therefore, the Service's 
regulations listing these species and designating critical habitat for 
them within Hawaii exceed the federal power to regulate interstate 
commerce under the governing precedents interpreting the Commerce 
Clause.
    Our Response: The Federal government has the authority under the 
Commerce Clause of the U.S. Constitution to protect this species, for 
the reasons given in Judge Wald's opinion and Judge Henderson's 
concurring opinion in National Association of Homebuilders v. Babbitt, 
130 F. 3d 1041 (D.C. Cir. 1997), cert. denied, 1185 S.Ct, 2340 (1998). 
See also Gibbs v. Babbitt, No. 99-1218 (4th Cir. 2000). The Home 
Builders case involved a challenge to application of ESA prohibitions 
to protect the listed Delhi Sands flower-loving fly. As with the 
species at issue here, the Delhi Sands flower-loving fly is endemic to 
only one state. Judge Wald held that application of the ESA to this fly 
was a proper exercise of Commerce Clause power because it prevented 
loss of biodiversity and destructive interstate competition.
    (43) Comment: Since concerns were raised from the hunting community 
and local government officials, a fair approach to resolving this issue 
may be through mediation, using the State's Judiciary Center for 
Alternative Dispute Resolution. To date, this will be the second 
recommendation made on this issue that still has not been taken under 
advisement.
    Our Response: We have held several meetings with the hunting 
community and local government officials to promote information 
exchange and open dialogue. These meetings have served to alleviate 
some of the controversy and contention that have surrounded the issue 
of critical habitat designation on Kauai and other Hawaiian Islands. 
However, this is a rulemaking process governed by the ESA and the 
Administrative Procedures Act and not easily resolved thru mediation. 
We have tried our best to have an open process with an opportunity for 
all interested parties to participate, while complying with our 
statutory responsibilities and court-ordered deadlines.
    (44) Comment: Any activity that may degrade critical habitat, 
including activities that are not subject to section 7 consultation, 
could be seen as an ``injury'' to (and therefore, under State law, a 
``taking'' of) an endangered plant species under the State of Hawaii's 
endangered species law (Hawaii Revised Statutes (HRS) Chapter 195D). It 
is important that this receive due consideration in evaluating the 
proposed critical habitat designations (for example, in completing the 
economic analysis), and that the Service explain to what extent it has 
considered the potential interplay between the Federal Endangered 
Species Act and Hawaii endangered species laws.
    Our Response: Possible costs resulting from interplay of the 
Federal Endangered Species Act and Hawaii State law were discussed in 
the economic analysis under indirect costs (e.g., possible conservation 
management mandate for the private landowner and reduction in game 
mammal populations). The economic analysis considers the economic 
impacts of section 7 consultations related to critical habitat even if 
they are attributable co-extensively to the listed status of the 
species. In addition, the economic analysis examines any indirect costs 
of critical habitat designation, such as where critical habitat 
triggers the applicability of a State or local statute. However, where 
it is the listing of a species that prompts action at the State or 
local level, the impacts are not attributable to critical habitat 
designation. Take prohibitions under Hawaii law are purely attributable 
to a listing decision and do not co-extensively occur because of 
critical habitat designations. There are no take prohibitions 
associated with critical habitat.
    (45) Comment: One commenter stated that the Service should do a 
better job of communicating what critical habitat does and does not do, 
including a review of recent ``Federal monies and Federal approvals,'' 
and which of those programs might even remotely be affected by 
designations of critical habitat.
    Our Response: We have made a concerted effort to provide the public 
with information on what critical habitat does and does not do, through 
a series of public workshops and meetings, correspondence, news 
releases, and publications. A detailed review of Federal activities 
that may be affected by the critical habitat designations on Kauai and 
Niihau may be found in the economic analysis section of this rule. The 
public could also refer to the Service's National website http://
www.fws.gov.


www.fws.gov.


Issue 4: Section 7 Consultation

    (46) Comment: The draft economic analysis states that if a 
landowner needs a Federal permit or receives Federal funding for a 
specific activity, the Federal agency issuing the permit or dispersing 
the funds would consult with the Service to determine how the action 
may affect the designated critical habitat. The commenter questioned 
what is meant by the term ``consult.'' The nature of the consultation 
could result in control of whether the Federal government conducts its 
proposed action on those lands or not, thereby controlling the land to 
the extent that the private landowner could or could not do business 
with the Federal government. What would consultation result in when a 
proposed Federal action is being compared to the activities not 
affected by critical habitat

[[Page 9166]]

designation, such as, grazing, farming, hunting or recreational use?
    Our Response: The term ``consult'' refers to consultation between 
the Service and other Federal agencies under the provisions of section 
7 of the Act. Under this provision of the Act all Federal agencies must 
consult with the Service to insure that any action that they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of any endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. If the Service finds that the 
proposed actions are likely to jeopardize the continued existence of an 
endangered or threatened species or result in destruction or adverse 
modification of critical habitat, we suggest reasonable and prudent 
alternatives that would allow the Federal agency to implement their 
proposed action without such adverse consequences. Every consultation 
is unique and it is impossible to comment on what the results of a 
future consultation will be without details on the proposed activity 
and the status of the species and its critical habitat at the time of 
the consultation.

Issue 5: Mapping and PCEs

    (47) Comment: Although the text in the proposed rule appears to 
indicate that unit F in Lawai Valley is restricted to land owned by the 
National Tropical Botanical Garden, a map provided by the Service shows 
some overlap between this unit and McBryde land above Lawai Stream, 
near Luawai Reservoir. The Service should clarify whether unit F is 
intended to include portions of the McBryde land, as suggested by the 
map, or if any overlap is purely due to mapping inaccuracies. If the 
proposal is intended to include McBryde land in this area, the Service 
should consider conducting a biological survey of the area to confirm 
whether the area in question actually contain any individuals of 
Schiedea spergulina var. leipoda and/or whether this area is essential.
    Our Response: The majority of the unit is within the lands owned by 
the National Tropical Botanical Garden. However, some of the McBryde 
land does fall within the unit. Efforts were made to exclude lands 
currently used for cultivation. This unit is important to the 
conservation of Schiedea spergulina var. leipoda because it supports an 
extant colony of this species and includes habitat that is important 
for the expansion of the present population, which is currently 
considered non-viable. The habitat features contained in this unit that 
are important for this species include, but are not limited to, bare 
rock outcrops or sparsely vegetated portions of rocky cliff faces or 
cliff bases in diverse lowland dry to mesic forests. Although we do not 
feel that there is enough habitat designated to reach the recovery goal 
of 8 to 10 populations, this species is a very narrow endemic and 
probably never naturally occurred in more than a single or a few 
populations.
    (48) Comment: The draft economic analysis dismisses concerns about 
impacts on the use of structures and features already placed in areas 
to be designated as critical habitat. Although manmade features and 
structures are excluded from critical habitat because they lack the 
primary constituent elements, greater precision in pinning down these 
``unmapped holes'' is needed to avoid a chilling effect on legitimate 
uses that necessarily approach a fuzzy boundary line.
    Our Response: Existing features and structures within critical 
habitat areas, buildings; roads; aqueducts and other water system 
features--including but not limited to pumping stations, irrigation 
ditches, pipelines, siphons, tunnels, water tanks, gaging stations, 
intakes, reservoirs, diversions, flumes, and wells; existing trails; 
campgrounds and their immediate surrounding landscaped area; scenic 
lookouts; remote helicopter landing sites; existing fences; 
telecommunications equipment towers and associated structures and 
equipment; electrical power transmission lines and distribution, and 
communication facilities and regularly maintained associated rights-of-
way and access ways; radars, telemetry antennas; missile launch sites; 
arboreta and gardens; heiau (indigenous places of worship or shrines) 
and other archaeological sites; airports; other paved areas; and lawns 
and other rural residential landscaped areas and other manmade features 
do not contain, and are not likely to develop, primary constituent 
elements, and are specifically excluded from designation under this 
rule. Therefore, unless a Federal action related to such features or 
structures indirectly affects nearby habitat containing the primary 
constituent elements, operation and maintenance of such features or 
structures generally would not be impacted by the designation of 
critical habitat. We have attempted to exclude manmade structures using 
aerial photos, our own field experience on Kauai and that of other 
expert field botanists from DOFAW and the University of Hawaii at 
Manoa. However, we were not always able to successfully exclude these 
structures from the critical habitat maps because the resolution of our 
imagery does not allow us to locate small structures. Higher resolution 
imagery is currently unavailable on a State-wide basis.

Issue 6: Effects of Designation

    (49) Comment: One commenter stated that the designation of critical 
habitat would almost certainly make its private endangered species 
reserve the target of a government takeover attempt.
    Our Response: Section 3(5) of the Act defines critical habitat as 
those specific areas which contain physical or biological features 
essential to the conservation of the species and which may require 
special management considerations or protection (16 U.S.C. 1532(5)). 
Designations of critical habitat are to be made on the basis of the 
best scientific and commercial data available, after taking into 
account the economic and other relevant impacts of specifying any area 
as critical habitat (16 U.S.C. 1533(b)(2)). An area may be excluded 
from designation as critical habitat if the Secretary determines the 
benefits of excluding the area outweigh the benefits of designating the 
area as critical habitat (and provided the exclusion would not result 
in the extinction of the species).
    To a property owner, the designation of critical habitat becomes 
important when viewed in the context of section 7 of the Act, which 
requires all Federal agencies to ensure, in consultation with the 
Service, that any action authorized, funded, or carried out by the 
agency does not result in the destruction or adverse modification of 
designated critical habitat. If, after consultation, our biological 
opinion concludes that a proposed action is likely to result in the 
destruction or adverse modification of critical habitat, we are 
required to suggest reasonable and prudent alternatives to the action 
which would avoid the destruction or adverse modification of the 
critical habitat (16 U.S.C. 1536(b)(3)(A)). If we cannot suggest 
acceptable reasonable and prudent alternatives, the agency (or the 
applicant) may apply for an exemption from the Endangered Species 
Committee under section 7(e)-(p) of the Act.
    The mere promulgation of a regulation, like the enactment of a 
statute, does not take private property unless the regulation on its 
face denies the property owners all economically beneficial or 
productive use of their land (Agins v. City of Tiburon, 447 U.S. 255, 
260-263 (1980); Hodel v. Virginia Surface Mining and Reclamation Ass'n, 
452 U.S. 264, 195 (1981); Lucas v. South Carolina Coastal Council, 505 
U.S. 1003, 1014 (1992)). The designation of

[[Page 9167]]

critical habitat alone does not deny anyone economically viable use of 
their property. The Act does not automatically restrict all uses of 
critical habitat, but only imposes restrictions under section 7(a)(2) 
on Federal agency actions that may result in destruction or adverse 
modification of designated critical habitat. Furthermore, as discussed 
above, if a biological opinion concludes that a proposed action is 
likely to result in destruction or modification of critical habitat, we 
are required to suggest reasonable and prudent alternatives.
    We are aware of relatively few activities in the proposed critical 
habitat areas for these 83 plants that have Federal involvement, and 
thus, would require consultation or reinitiation of already completed 
consultations for on-going projects. We are not aware of any commercial 
activities on the Federal lands included in these proposed critical 
habitat designations.
    (50) Comment: If endangered species are dying through no fault of 
the landowner, then the landowner should not be penalized with onerous 
and costly regulations. What incentives are being provided private 
landowners to act on behalf of listed plants?
    Our Response: Critical habitat designation does not impose 
additional regulatory requirements upon non-Federal landowners unless 
they are receiving funding or authorization from a Federal agency for a 
proposed action that is likely to destroy or adversely modify critical 
habitat. Many threatened and endangered species occur on private lands 
and the Service recognizes the importance of conservation actions by 
private landowners. Cooperation from private landowners is an important 
element of our conservation efforts, and we have had considerable 
success in developing partnerships with large and small landowners, 
government agencies, and non-governmental organizations for 
conservation activities on Kauai, in the State of Hawaii, and 
throughout the nation.
    The Service administers several programs aimed at providing 
incentives for landowners to conserve endangered and threatened species 
on their lands, one of which is the Endangered Species Landowner 
Incentive Program, which was first funded by Congress in fiscal year 
1999. Under this program, the Service provides technical assistance and 
funding to landowners for carrying out conservation actions on their 
lands. In the first year alone, 145 proposals totaling $21.1 million 
competed for $5 million in grant money. Additional information on 
landowner incentive programs administered by the Service may be found 
on our website http://endangered.fws.gov/landowner/index.html.

    (51) Comment: The Service has tried to reassure the public that the 

wholesale dedication of land as critical habitat will not result in 
restrictions of public access and that most land use proposals will be 
approved. One commenter said that this is probably not true, based on 
what has happened in other parts of the country.
    Our Response: Undoubtedly, human activities have had a negative 
impact to many species in Hawaii. However, numerous threatened and 
endangered species are currently on the road to recovery through the 
direct intervention of humans. These include marine and terrestrial 
vertebrates, plants, and invertebrates. The designation of an area as 
critical habitat does not in itself restrict public access. The 
regulatory effect of critical habitat designation is limited to 
requiring consultation under section 7 of the Act for Federal actions. 
Since few, if any, Federal actions affect public access to the State 
and private lands designated as critical habitat for these plants, it 
is unlikely that public access to these areas will be altered.
    (52) Comment: By setting aside so many acres of land with no 
guarantee that the plan will work it will rob the Hawaiian people of 
their culture and lifestyle. Critical habitat designation should 
accommodate the traditional cultural gathering rights of Native 
Hawaiians as reflected in Article XII of the State Constitution and 
upheld by the Hawaii Supreme Court in PASH and Ka Paakai o Ka Aina 
decisions. Native Hawaiian issues should be handled by the native 
Hawaiian people. The Service should make a plan to save plants where 
the Hawaiian people would have a say.
    Our Response: Critical habitat designation does not affect 
activities, including human access, on State or private lands unless 
some sort of Federal permit, license, or funding is involved and the 
activities may affect endangered or threatened species. It imposes no 
regulatory prohibitions on State or other non-Federal lands, nor does 
it impose any restrictions on State or non-Federal activities that are 
not funded or authorized by any Federal agencies.
    Access to Federal lands that are designated as critical habitat is 
not restricted unless access is determined to result in the destruction 
or adverse modification of the critical habitat. If we determine that 
access will result in such destruction or adverse modification, we will 
suggest reasonable or prudent alternatives.
    Activities of the State or private landowner or individual, such as 
farming, grazing, logging, and gathering, generally are not affected by 
a critical habitat designation, even if the property is within the 
geographical boundaries of the critical habitat. A critical habitat 
designation has no regulatory effect on access to State or private 
lands. Recreational, commercial, and subsistence activities, including 
hunting, on non-Federal lands are not regulated by this critical 
habitat designation, and may be impacted only where there is Federal 
involvement in the action and the action is likely to destroy or 
adversely modify critical habitat.
    The Service actively seeks input and participation from the public 
in development and implementation of recovery plans for endangered and 
threatened species and believes that it is only through such active 
participation by the public that we will be able to recover these 
plants.
    (53) Comment: The critical habitat initiative is generating an 
unwelcome degree of rift between the State Department of Land and 
Natural Resources (DLNR) and the Service, and may erode public support 
for needed recovery efforts. The Service should withdraw their plans 
for critical habitat designation on Kauai, and instead, work with 
existing agencies on their current efforts at conservation and 
preservation. The testimony presented by DLNR at the February 2001 
hearing recommends suggestions for working together and cites specific 
methods for its implementation. They deserve the Service's utmost 
attention.
    Our Response: We agree that the Department of Land and Natural 
Resources, Division of Forestry and Wildlife (DOFAW) comments and 
suggestions should be given the utmost attention. During the public 
comment periods for the November 7, 2000, proposal for plants from 
Kauai and Niihau, we received written comments and a map showing the 
DOFAW's vegetation classes and recommended critical habitat units. We 
evaluated DOFAW's comments on a species by species basis and 
incorporated their information into the revised proposal published on 
January 28, 2002. DOFAW recommended deletion of some of the proposed 
critical habitat units as they do not believe these areas are suitable 
for the recovery of some species because they would not be able to 
manage these areas with their limited staff and funding. Because the 
basis for identifying areas by DOFAW was made on the manageability of 
the area, their mapping of habitat is distinct from the regulatory 
designation of critical habitat as defined by the Act.

[[Page 9168]]

    Following publication of the revised proposal in January 2002, we 
met with DOFAW on numerous occasions and conducted several site 
assessment surveys to evaluate habitat that meets the legal 
requirements of the Act and takes into account the on-the-ground 
knowledge of DOFAW's biologists and land managers. As a result of the 
assessment surveys and information provided to us by Kauai DOFAW staff 
we excluded non-essential areas that did not contain primary 
constituent elements. In addition, we received important information 
from Kauai DOFAW staff that enabled us to refine the final critical 
habitat designations to meet the conservation needs of the species.

Issue 7: Policy and Regulations

    (54) Comment: Prudency cannot be determined without an analysis of 
the economic impacts of critical habitat.
    Our Response: The Service makes an initial determination on the 
prudency of designating critical habitat according to regulations found 
at 50 CFR 424.12(a). In accordance with these regulations, critical 
habitat designation is not prudent only when one or both of the 
following two 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 such threat to the species; or, (2) 
such designation would not be beneficial to the species. The economic 
analysis is conducted after critical habitat has been proposed in a 
given area, as set forth in regulations found at 50 CFR 424.19. If the 
Service finds that economic and other impacts outweigh the benefit of 
designating critical habitat in a given area, that area will be 
excluded from critical habitat designation unless such exclusion will 
result in the extinction of the species concerned.
    (55) Comment: The prudency of critical habitat designation is a 
final conclusion based on weighing all relevant factors, including 
economic factors. While the Service promised to complete its economic 
impact analysis before it promulgates its final determination of 
critical habitat, it risks putting the decision before the analysis. 
The prior determination that critical habitat is prudent and therefore 
required, is treated as a given, even though it ignored economic 
factors.
    Our Response: An economic analysis of the impact of critical 
habitat cannot be done without knowing the location of the critical 
habitat. This fact is easily realized by considering the difference of 
proposed critical habitat on land zoned for protective conservation 
versus land zoned for urban development. These types of zoning issues 
as well as other issues will greatly affect any economic analysis of 
critical habitat and cannot be taken into consideration until a 
proposal of critical habitat is put forth. The proposed prudency 
finding is not a final prudency finding since it has not considered the 
economic issues. The fact that the proposed critical habitat is 
published in a proposed rule emphasizes that no final decision has been 
made on location or extent of critical habitat. The final designation 
of critical habitat occurs after public comments have been received and 
the economic analysis on the proposed critical habitat has been 
completed. The effects of the public comments and the economic analysis 
are then reflected in the final rulemaking.
    (56) Comment: The proposed rule unfairly transfers the Service's 
obligations to determine ``prudent and determinable'' areas for 
designation as critical habitat from itself to the owners of the 
designated lands. This action could potentially violate Section 3(5)(c) 
of the ESA, which specifically provides that ``except in those 
circumstances determined by the Secretary, critical habitat shall not 
include the entire geographical area which can be occupied by the 
threatened or endangered species.''
    Our Response: All areas designated as critical habitat are 
determined by the Service, after taking into account the economic 
analyses and public comments. As established by the Congress of the 
United States, the Secretary of the Interior or the Secretary of 
Commerce has the responsibility for designation of critical habitat 
areas. This responsibility has been delegated to the U.S. Fish and 
Wildlife Service for listed fish, wildlife and plants and cannot be 
transferred to any other party. Proposing areas for designation as 
critical habitat does not transfer any of the designation 
responsibilities of the Service. As part of the Service's designation 
process, the entire geographic area that could be occupied by the 
threatened or endangered species is never put forth as proposed or 
final critical habitat, unless circumstances unique to the species 
require such a designation and only after approval by the Secretary of 
the Interior (or the Secretary of Commerce).

Issue 8: Economic Issues

    (57) Comment: Some reviewers commented that the DEA did not address 
or did not adequately consider a variety of costs and benefits that 
they believe could occur due to the implementation of section 7 for the 
plants.
    Our Response: Many of these possible costs were, in fact, 
considered and some were addressed in the DEA. In many cases, however, 
potential costs were purposely not addressed in the DEA because they 
are not expected to occur. In other cases, it is impossible for them to 
occur. In still other cases, the concerns no longer have substance 
given the Service's modifications to the proposed critical habitat.
    (58) Comment: Several commenters stated the following: The Service 
did not adequately address the takings of private property as a result 
of designating critical habitat for endangered plants on Kauai. If the 
proposed designation of critical habitat precipitates conversion of 
agricultural lands to conservation land that has no economically 
beneficial use, then the Federal and State governments will have taken 
private property.
    Our Response: The possible costs associated with redistricting land 
proposed for critical habitat designation were discussed in the DEA 
under indirect costs. The final rule removes most of the land in the 
Agricultural and Urban Districts from the critical habitat designation. 
Redistricting the remaining privately owned parcels to the Conservation 
District could result in a small probability of: (1) Approximately 
$178,500 in lost property values; (2) $3,570 in an annual loss of 
economic activity associated with ranching; and (3) $500 in increased 
property taxes.
    (59) Comment: One commenter said that estimated management costs 
needed to recover a species should be part of an economic analysis 
associated with critical habitat designation. Another commenter said 
that management costs for the recovery of listed species are not 
appropriate costs to assign to critical habitat designation.
    Our Response: The Act does not obligate landowners to manage their 
land to protect critical habitat, nor would landowners and managers be 
obligated under the Act to participate in projects to recover a species 
for which critical habitat has been established. However, Chapter VI, 
section 4.d. of the DEA and section 4.c. of the Addendum does discuss 
landowners' concerns that the interplay between the state's prohibition 
on take and critical habitat could result in a potential mandate for 
conservation management pursuant to litigation and the resulting costs 
for the proposed designation on Kauai. As noted in Section 4.c. of the 
Addendum, the costs of conservation management for critical habitat as 
modified could reach $1.8 million per year. However, the likelihood of 
this result is estimated to be low and such costs would not

[[Page 9169]]

necessarily be assigned to critical habitat.
    (60) Comment: Several commenters stated the following: The Service 
fails to adequately analyze the economic impact to small entities under 
the Regulatory Flexibility Act, and the Small Business Regulatory 
Enforcement Fairness Act. Given Kaua'i's small population, a large 
proportion of firms in the agricultural sector may well be affected and 
could suffer severe impact. In addition, the prospect of indirect costs 
mounting into the tens of millions of dollars on a small island 
requires the Service to reconsider its blithe assumption that there 
will be no significant impact on small businesses. Having mentioned 
huge potential losses to landowners and the county economy, the DEA 
fails to carefully consider the sum of the many ``indirect'' effects of 
critical habitat designation, ignoring all but direct costs of 
consultation.
    Our Response: Section 5 of the addendum presents a regulatory 
flexibility analysis that is consistent with the RFA/SBREFA. Federal 
courts and Congress have indicated that an RFA/SBREFA analysis should 
be limited to the impacts to entities subject to the requirements of 
the regulation (Service, 2002). As such, entities not directly 
regulated by the listing or critical habitat designation are not 
considered in the RFA/SBREFA analysis. Based on the analysis, there are 
no small entities that may be impacted by the implementation of the 
Act's section 7 provisions for the plants on Kauai. Therefore, the 
plants' critical habitat designation, as modified, will not have a 
significant economic impact on a substantial number of small entities.
    (61) Comment: Several commenters stated the following: While the 
Service has stated that critical habitat affects only activities that 
require Federal permits or funding, and does not require landowners to 
carry out special management or restrict use of their land, this fails 
to address the breadth of Federal activities that affect private 
property in Hawaii and the extent to which private landowners are 
required to obtain Federal approval before they can use their property. 
These requirements also extend to State agencies requiring Federal 
funds or approvals.
    Our Response: The analysis in the DEA, as revised by the Addendum, 
is based on a review of all projects, activities, and land uses that 
may be directly affected by the implementation of section 7 for the 
listed plants. The DEA and the Addendum present any reasonably 
foreseeable Federal involvement (Federal permit, license, or other 
authorization, or Federal funding) for these projects, activities, and 
land uses. These results of this analysis are presented in Table ES-1 
in the DEA and Table Add-2 in the Addendum.
    (62) Comment: Several commenters stated the following: The impact 
of the proposed designations under State law is potentially more 
extensive than under Federal law since the Act contains at least 
general criteria for determining when alteration of critical habitat 
constitutes ``destruction or adverse modification.'' The lack of 
analogous provisions under State law lends itself to a much broader 
interpretation of what activities might be considered injurious to the 
species (and therefore prohibited). One commenter asked if, to the 
extent that the Service has considered the potential interplay between 
the Act and State statutes, whether the Service is aware of any 
circumstances where similar issues have been raised under other State 
conservation statutes when critical habitat was designated. Another 
commenter noted, however, that because Hawaii's land use laws are 
uniquely onerous, precedent from other states is of little value. The 
current wave of proposals to designate critical habitat are the first 
time that the Act has been applied to significant areas of private land 
in Hawaii. Consequently, even prior experience in Hawaii is of little 
relevance.
    Our Response: Possible costs resulting from interplay of Federal 
Endangered Species Act and Hawaii State law are already discussed in 
the DEA and Addendum under indirect costs (e.g., possible conservation 
management mandate for the private landowner and reduction in game 
mammals population). The lack of experience with critical habitat on 
private land in Hawaii is reflected in the uncertainty regarding the 
probabilities that certain indirect costs will occur.
    (63) Comment: Several commenters stated the following: The DEA 
fails to consider economic impacts of listing and critical habitat that 
result through interaction with State law, specifically Hawaii's 
Endangered Species Act. New Mexico Cattlegrowers Association v. U.S. 
Fish and Wildlife Service requires consideration of the impact of 
listing as well as the impact of designating an area as critical 
habitat. Instead, the analysis is expressly limited to the impact of 
Federal agency consultation under the jeopardy standard. However, since 
listing triggers listing under State law, the Service must consider the 
impact of take prohibitions under State law (and consequently Federal 
law which prohibits destruction of plants in knowing violation of State 
law).
    Our Response: The DEA and Addendum consider the economic impacts of 
section 7 consultations related to critical habitat even if they are 
attributable co-extensively to the listed status of the species. In 
addition, they examine any indirect costs of critical habitat 
designation such as where critical habitat triggers the applicability 
of a State or local statute. However, where it is the listing of a 
species that prompts action at the State or local level, the impacts 
are not attributable to critical habitat designation. Take prohibitions 
under Hawaii law are purely attributable to a listing decision and do 
not co-extensively occur because of critical habitat designations. 
There are no take prohibitions associated with critical habitat.
    (64) Comment: Several commenters stated the following: The DEA 
fails to consider economic impacts of critical habitat that result 
through interaction with State law, specifically Hawaii's Land Use Law. 
Critical habitat could result in downzoning under State law. HRS Sec.  
205-2(e) states that conservation districts shall include areas 
necessary for conserving endangered species. HRS 195D-5.1 states that 
DLNR shall initiate amendments in order to include the habitat of rare 
species. Even if DLNR does not act, the Land Use Commission may 
initiate such changes, or they may be forced by citizen suits. Areas 
for endangered species are placed in the protected subzone with the 
most severe restrictions. While existing uses can be grandfathered in, 
downzoning will prevent landowners from being able to shift uses in the 
future, reduce market value, and make the land unmortgageable. Although 
the Service acknowledges that there could be substantial indirect costs 
relating to redistricting of land to the Conservation District, several 
commentators disagreed with the characterization of these costs as 
``minor'' and with the statement that the probabilities of 
redistricting as ``slight to small.''
    Our Response: About 370 acres of privately owned agricultural lands 
and 12 acres of privately owned urban lands are included in the final 
designation. Most of the agricultural land is on Niihau and all of the 
urban land is on steep ocean cliffs. The potential economic costs 
discussed in the DEA of over $10 million associated with urban Land in 
Unit D1 are no longer anticipated because Unit D1 has been removed from 
the final critical habitat designation for biological reasons. 
Reduction in land values due to redistricting land from Agricultural or

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Urban District to Conservation District could result in a loss of 
$178,500 in property values on Niihau. The loss of the economic 
activity from ranching and the increase in property taxes is estimated 
at $4,070 per year. Under this scenario, even if a landowner has no 
plans to sell the land, the loss in land value could reduce potential 
mortgage financing.
    (65) Comment: One commenter stated the following: The State 
currently leases some of its lands for agriculture or ranching uses. 
There is uncertainty whether any endangered plant species exists on 
these lands, which have historically been used for agricultural and 
ranching purposes, and have been subject to grazing and cultivation 
activities. If such species do exist, State law would completely 
prohibit or substantially restrict the continued use of these lands for 
agriculture or ranching purposes and would clearly have an adverse 
impact on the operations of the lessees and lease revenues. The DEA 
fails to establish that the benefits of including specific leased 
parcels outweigh the costs.
    Our Response: Approximately 37 acres of State owned land are 
included in critical habitat Units H1 and M, as modified in the final 
rule. The 33 acres in Unit H1 comprise a sliver of land that is makai 
(toward the ocean) of the existing road in the northern portion of the 
unit and does not include any fields or grazing land. The State does 
not have any agricultural leases for the four acres of Agricultural 
land in Unit M. As such, the designation of critical habitat is not 
anticipated to have adverse effects on agricultural activities on State 
land.
    (66) Comment: Several commenters stated the following: The DEA 
fails to consider economic impacts of critical habitat that result 
through interaction with State law, specifically Hawaii's Environmental 
Impact Statement Law. HRS 343-5 applies to any use of conservation 
land, and a full Environmental Impact Statement is required if any of 
the significance criteria listed in HAR 11-200-12 apply. One of these 
criteria is that an action is significant if it ``substantially affects 
a rare, threatened or endangered species or its habitat.'' This will 
result in costly procedural requirements and delays. However, the DEA 
does not acknowledge that any impact on endangered species habitat will 
be deemed to be ``significant.'' In addition, multiple commenters 
stated that the DEA fails to evaluate the practical effect critical 
habitat designation will have on development. Special Management Area 
permits administered by Kauai County as required by Hawaii's Coastal 
Zone Management Act will be harder to get, will result in delays, will 
cause a decline in property values and may make it impossible to 
develop. This economic impact disappears because the DEA's bottom line 
erroneously counts only so-called ``direct'' costs of consultation.
    Several commenters also stated the following: The Service has taken 
the position in other states that it has a right to intervene in local 
land use proceedings if they affect endangered species on private 
property, as evidenced by the Service's petition to the local zoning 
board in Arizona to postpone approval of a rezoning petition pending a 
survey to determine the extent to which an endangered plant was present 
on the property even though no Federal approval was being sought. That 
the Service does not address these activities in the DEA is a 
fundamental error of the analysis.
    Our Response: Chapter VI, Section 4.f.(2) of the DEA discusses 
State and county environmental review, with and emphasis on Hawaii's 
Environmental Impact Statement Law. This section indicates that if a 
project is required to do an Environmental Assessment (EA) and is 
located in critical habitat, a more expensive EIS may have to be 
prepared. The estimated increase in costs to prepare an EIS is $25,000 
to $75,000 per project. There is one project that may require an EA and 
is located in critical habitat, as modified. As such, the additional 
environmental review cost potentially attributable to critical habitat 
is $25,000 to $75,000.
    However, there are no planned development projects that will 
require State and county development approvals and are located in 
critical habitat, as modified in this final rule. The following factors 
make future development projects in the proposed critical habitat 
highly unlikely: (1) As modified, 99 percent of the proposed critical 
habitat is in Conservation District where development is severely 
limited; (2) almost all of the remaining agricultural land is on Niihau 
in an area not subject to development pressure; and (3) all of the land 
in the Urban District is on steep ocean cliffs that cannot support 
development. Thus, the probability that the Service will intervene in 
State and county development approvals is regarded as negligible 
because there is no development planned and almost no development 
potential in critical habitat.
    (67) Comment: Several commenters stated the following: The DEA 
fails to consider economic impacts of critical habitat that result 
through interaction with State law, specifically the State Water Code. 
HRS 174C-2 states that ``adequate provision shall be made for 
protection of fish and wildlife. HRS 174C-71 instructs the Commission 
of Water Resource Management to establish an instream use protection 
program to protect fish and wildlife. Since landowners may depend on 
water pumped from other watersheds, these effects can be far-reaching. 
It is impossible to tell from the descriptions in the proposal whether 
any water diversions will have to be reduced as a result of listing and 
critical habitat designation. It is unfair to dismiss costly but vital 
sources of energy and inexpensive irrigation water while maintaining 
the highest level of effort to protect primary constituent element for 
species that do not physically reside in the area but may somehow be 
transported. If the critical habitat proposal would require reducing 
water diversions from any stream, the Service should investigate 
whether that would take anyone's vested water rights. The Service has 
an obligation to thoroughly investigate this issue and refrain from 
designating critical habitat until it has determined whether its 
actions will affect water use. Water sources and irrigation ditches 
that are part of the former Kekaha irrigation system for the former 
Kekaha Sugar Plantation should be removed from designation. At minimum, 
portions of specific parcels that include water sources or water 
systems should be removed.
    Our Response: No costs are expected to occur from such impacts to 
water systems, because none of the listed plants are aquatic and 
therefore would not cause a reduction in water diversion. In addition, 
water infrastructure, including the Kekaha irrigation system, is 
considered a manmade feature and therefore would not be included in 
critical habitat pursuant to the rule, because these features and 
structures normally do not contain, and are not likely to develop, any 
primary constituent elements. Thus, unless its operation and 
maintenance would indirectly affect critical habitat, which is not 
anticipated, it should not be affected by section 7 of the Act. (See 
comment 7.m. of the Economic Analysis for a discussion of the impacts 
of the proposed designation on potential new water diversions.)
    (68) Comment: Several commenters stated the following: The 
irrigation system stemming from the North Fork diversion of the Wailua 
River and the hydropower plant located in Wainiha Valley are necessary 
for the continued viability and possible expansion of agricultural 
activities on Kauai.

[[Page 9171]]

Continued operation of the systems require registration permits from 
the State and, depending on the nature of the maintenance, may require 
Army Corps of Engineers (COE) permits. These uses should not be 
burdened with the threat of potential Federal or civil action 
prohibiting or delaying their continued or expanded use. Furthermore, 
any additional requirement brought about by a critical habitat 
designation would be borne by the system's end users. Similarly, 
restoration of the taro fields in Haena State Park would require a COE 
permit. The designation of this area as critical habitat would make it 
unlikely that this permit would be approved, thus frustrating the 
efforts and development of the park. Additional analysis of costs 
associated with hydropower development is warranted. Such analysis 
would indicate that agricultural lands and hydropower development 
should be excluded from designation of critical habitat because 
benefits of exclusion would far outweigh the benefits of designation 
and the exclusion would not result in the extinction of the species.
    Our Response: The irrigation system stemming from the North Fork 
diversion of the Wailua River, the diversion and hydropower plant 
located in Wainiha Valley, the taro fields in Haena State Park, and all 
areas downstream from these water systems/improvements have been 
removed from the critical habitat as modified in this final rule. In 
addition, as noted in responses to other comments, none of the listed 
plants are aquatic and therefore would not cause a reduction in water 
diversion. Thus, no costs are expected from continued operation of 
these water systems.
    Chapter VI, section 3.i. of the DEA discusses the potential for 
additional hydropower development in the areas proposed as critical 
habitat. Since the publication of the DEA, information regarding a 
hydropower diversion and powerhouse in the upper Wainiha Valley was 
made available. This hydropower plant was proposed in the 1980's, but 
due to the landowner's capital limitations at the time, it was not 
constructed. There are no current plans to continue to investigate the 
feasibility of the project, but the potential for future development 
adds to the land value of the Upper Wainiha Valley. However, the area 
planned for the diversion, powerhouse, and other project elements are 
no longer included in critical habitat as modified. As such, no costs 
associated with future hydropower development potential are 
anticipated.
    (69) Comment: One commenter stated the following: In discussing 
possible future hydropower facilities, the DEA appears to contradict 
itself by saying that in May 2001 a company filed an application with 
the Federal Energy Regulation Commission for a preliminary permit and 
then saying it is ``highly unlikely'' that any additional hydro plants 
will be built. If critical habitat designations make it all but 
impossible to build a new hydropower facility, which seems to be the 
implication of the DEA, then the designations contradict the State and 
national policies of promoting energy independence.
    Our Response: Chapter VI, Section 3.i. of the DEA does mention that 
in May 2001, a company filed an application with the Federal Energy 
Regulatory Commission (FERC) to build a dam on the lower Wailua River 
and that the area affected by this project is outside of critical 
habitat. The DEA also states that ``it is highly unlikely that 
additional plants will be built in the next 10 years in areas that 
could impact the proposed critical habitat.'' This statement is 
supported by studies performed by the State Department of Business, 
Economic Development, and Tourism (DBEDT) of the areas in critical 
habitat, and current plans of those who own land in critical habitat. 
In addition, the planned generating capacity on Kauai is sufficient to 
supply projected demand over the 10-year period of the analysis. Since 
the proposed critical habitat does not cover the entire island of 
Kauai, these two statements are not contradictory.
    Furthermore, development of a new hydropower plant would still be 
possible even if the hydropower plant was located upstream or within 
critical habitat. If the project had Federal involvement, and the 
Federal action agency determined the project may affect critical 
habitat or listed species, the Federal action agency would enter into 
section 7 consultation with the Service. The section 7 consultation 
process is described in detail in Chapter III of the DEA.
    (70) Comment: One commenter stated the following: On Maui, there is 
an administrative contested case proceeding pending before the Board of 
Land and Natural Resources that involves the diversion of millions of 
gallons of water. Any diversion in or upstream of critical habitat will 
be challenged by people who oppose all diversions on principle. They 
will contend that diverting water from endangered plants risk driving 
them to extinction. Opponents of diversions could use the critical 
habitat designations to invent a colorable argument sufficient to delay 
and confuse water use decisions.
    Our Response: Chapter VI, section 3.j.(2). of the DEA states that 
it is highly unlikely that a new ditch system or major expansion to an 
existing one (including new diversions) would be proposed or approved 
in the proposed critical habitat. This assessment is made due to the 
existing protections provided by the baseline environmental regulations 
(described in Chapter IV of the DEA), the projected demand for 
additional diversions for irrigation above and beyond the existing 
supply, and current environmental concerns, as well as likely public 
opposition to stream diversions.
    None of the plants for which critical habitat is designated on 
Kauai or Niihau in this final rule are aquatic. These plants rely on 
rainwater that percolates down through the substratum and is absorbed 
by the plant's roots. Thus, local rainfall and localized surface runoff 
are the critical factors that affect the habitat of the listed plants. 
In addition, water infrastructure, including irrigation systems, are 
considered manmade features and therefore would not be included in 
critical habitat pursuant to the rule, because these features and 
structures normally do not contain, and are not likely to develop, any 
primary constituent elements. Thus, unless its operation and 
maintenance would indirectly affect critical habitat, which is not 
anticipated, it should not be affected by section 7 of the Act. (See 
comment 7.m. of the Economic Analysis for a discussion of the impacts 
of the proposed designation on potential new water diversions.)
    We are unable to find documentation of extinction of Hawaiian 
plants due to water diversions and are unable to comment on the 
speculation that people who oppose all water diversions on principle 
will challenge any future or current diversions by contending that 
diverting water from endangered plants risks driving them to 
extinction.
    (71) Comment: Two commenters stated the following: The estimated 
total costs of designating critical habitat are deceptively low because 
they exclude costs that ``are difficult to estimate.'' However, the 
costs of conservation management are quantifiable and examples of cost 
per acre are available from watershed management projects around the 
State. There is no reason why these costs should be ignored in the DEA. 
If included, these costs will certainly outweigh the benefits of 
designation. The DEA also underestimates the economic costs because 
they are limited to what is

[[Page 9172]]

likely to occur within 10 years even though critical habitat 
designation is permanent and not automatically revised if there is new 
evidence of the benefits of non-designation, or if the species is 
delisted.
    Our Response: As noted above, the illustrative cost of conservation 
management of the entire critical habitat as modified is $1.8 million 
per year. In addition, as discussed in the economic analysis, while 
there is no existing obligation to proactively manage lands in critical 
habitat to control threats, there is a undetermined probability that a 
State or Federal court could mandate conservation management.
    A listed species is delisted when it is recovered or has gone 
extinct. Recovery is defined as no longer needing the protections 
provided by the Endangered Species Act, including critical habitat. As 
such, when a species is delisted, its critical habitat would also be 
``undesignated.'' Furthermore, as indicated by the DEA, many landowners 
and managers do not have specific plans for projects beyond 10 years, 
and forecasts of future economic activity are based on current socio-
economic trends and the current level of technology, both of which are 
likely to change over the long term. However, information available in 
documents with planning horizons that are longer than 10 years such as 
the Kauai Planning Department's Kauai General Plan (2002), and the 
State Department of Transportation Kauai Long Range Land Transportation 
Plan (1997) are considered in the preparation of the DEA and the 
Addendum.
    (72) Comment: One commenter stated the following: The conclusion 
under E.O. 12866 that the rule will not have an annual economic effect 
of $100 million or more, or adversely affect in a material way any 
sector of the economy or State or local governments or communities, is 
flawed because it does not consider the major adverse impacts from 
secondary effects.
    Our Response: For the reasons explained in the economic analysis, 
the rule is not expected to have an annual economic effect of $100 
million or more. As indicated in Table Add-2, the annualized direct 
costs of the implementation of section 7 for the listed plants ranges 
from approximately $17,800 to $112,500. While the probability that many 
of the indirect effects will occur is low or unknown, the total worst 
case scenario for the indirect costs of critical habitat, as modified, 
includes (1) $513,000 in direct and indirect annual sales from the loss 
of economic activity associated with hunting (however, the decrease in 
expenditures by the displaced hunters would probably be spent on other 
recreational activities, goods and services, so this figure is likely 
to overstate the economic costs); (2) $149,000 per year in the loss of 
hunter benefits (however, as above, some of this loss will be offset by 
benefits derived from alternative recreational activity); (3) $1.8 
million in annual conservation management costs (some of which may be 
in the form of new Federal funds to Hawaii and thus represent an 
increase the regional economy instead of a loss); (4) approximately 
$178,500 in lost property values; (5) $3,570 in an annual loss of 
economic activity associated with ranching; (6) $500 in increased 
property taxes; (7) $25,000 to $75,000 in the additional cost to 
prepare an EIS; and (8) $53,000 to $169,000 in the costs to investigate 
the implications of critical habitat. Annualized, these indirect costs 
amount to $2.49 million to $2.51 million per year. The sum of the 
direct and indirect costs, annually, ranges from $2.51 million to $2.62 
million, significantly less than the $100 million level of 
significance.
    (73) Comment: Several commenters stated the following: Critical 
habitat designation could indirectly result in limitations or special 
management requirements, such as fencing or control of invasive 
species, being established on private lands. These requirements could 
result in considerable cost to both the State and private landowners. 
The DEA estimates that the Palila case may be interpreted to mandate 
private conservation and could cost Kauai landowners $3 million or more 
per year. These costs should be considered. Where such costs are likely 
to outweigh the benefits, the Service should determine that critical 
habitat designation is not prudent. At minimum, areas proposed for 
designation should be significantly reduced so that any special 
management measures that may eventually be mandated through litigation 
are of a scale that is reasonable and cost effective to implement.
    Our Response: Section 4(a)(3)(A) of the Act directs the Secretary 
to designate critical habitat to the ``maximum extent prudent and 
determinable.'' Critical habitat is not prudent when one or both the 
following situations exist: (i) A species is threatened by taking or 
other human activity and identification of critical habitat would 
increase the degree of threat; or (ii) designation would not be 
beneficial to the species. 50 CFR 424.12(a)(1). Thus the costs of 
designation are not considered in analyzing whether critical habitat is 
prudent. However, such costs are considered under section 4(b)(2) of 
the Act, which directs the Secretary to take into consideration the 
economic and other impacts of designation and authorizes the Secretary 
to exclude any area if she determines that the benefits of exclusion 
outweigh the benefits of designating it as critical habitat, unless it 
will result in extinction of the species.
    The Act does not obligate landowners to manage their land to 
protect critical habitat, nor would landowners and managers be 
obligated under the Act to participate in projects to recover a species 
for which critical habitat has been established. However, the DEA and 
the Addendum discuss the potential mandate for conservation management 
pursuant to litigation and the resulting costs for the proposed 
designation on Kauai. The cost of conservation management for the 
critical habitat as modified could be approximately $1.8 million per 
year. However, there is an undetermined probability that this impact 
will occur.
    (74) Comment: Several commenters stated the following: The cost of 
potential citizen suits preventing certain activities or requiring some 
sort of management in critical habitat was not discussed in the DEA. 
Litigation regarding land management requirements is not only 
foreseeable, but likely. The proposals will give the government and the 
environmental groups a legal excuse to attack and severely damage 
anyone who grows endangered Hawaiian plants, and also anyone whose land 
is listed as critical habitat. Human freedom and constitutional 
principles are far more important than biologically incompetent plants. 
Critical habitat designation will bring unnecessary and costly 
litigation, thus creating an economic disaster that would severely 
challenge one private landowner's economic viability. These official 
listings will also give the government and the environmental groups a 
legal excuse to meddle destructively in the affairs of Niihau.
    Our Response: As discussed in the DEA and in the Addendum, an 
undetermined probability exists that a Federal or State court could 
mandate certain indirect impacts as a result of critical habitat. 
However, it is beyond the scope of the economic analysis to assess the 
legal merits of the arguments for or against the various indirect 
impacts, the probability that a lawsuit will be filled, and, if filed, 
to identify possible outcomes of a court decision and the associated 
probabilities. However, whenever possible, the DEA and the Addendum 
present the worst-

[[Page 9173]]

case scenario of the costs associated with the potential outcomes of 
third party lawsuits.
    (75) Comment: Several commenters stated the following: A strip of 
Grove Farm-owned land along the coastline from the Poipu Bay Golf 
Course to Kawelikoa Point is being proposed for critical habitat. 
Although much of this land is within the Conservation District and 
development, if any, is expected to be minimal, critical habitat 
designations may affect current activities that exist in this area, as 
well as possible future activities, such as, hiking, kayaking or 
horseback riding. The Poipu Mahaulepu property also has future 
potential as a quality resort development, with potential construction 
valued in the hundreds of millions of dollars and employment and 
housing for over a thousand residents. The U.S. Navy currently has 14 
beach cottages and an officers beach facility within its Pacific 
Missile Range Facility (PMRF). Funding has been appropriated to add six 
cottages and future plans provide for additional cottages to follow. 
Completed documents also identify construction plans for other new 
facilities and structures on PMRF. The economic analysis does not 
adequately consider such future costs.
    Our Response: Activities such as hiking, kayaking, and horseback 
riding are not identified as threats to critical habitat in the 
proposed rule. As such, any additional environmental review or 
modification to these activities directly or indirectly attributable to 
critical habitat is anticipated to be negligible. The planned site for 
the Poipu Mahaulepu resort and the 14 beach cottages at PMRF are not 
included in critical habitat as modified. The potential costs 
associated with other planned construction at PMRF are discussed in 
Chapter VI, section 3.m. of the DEA and in section 3.b. of the 
Addendum.
    (76) Comment: Several commenters stated the following: Portions of 
the proposed critical habitat designations are within the Conservation 
District. Although there are no intense activities occurring on these 
lands, roadway and water systems traverse some of these lands. Critical 
habitat designations may affect operations and maintenance of these 
systems as well as any future change in use of the lands.
    Our Response: As mentioned in the proposed rule and in Chapter I of 
the DEA, existing manmade features and structures do not contain, and 
are not likely to develop, primary constituent elements essential for 
the conservation of the listed species. These features and structures 
are considered ``unmapped holes'' that are found within the boundaries 
of critical habitat units but are not considered by the Service to be 
part of critical habitat. As such, there are unlikely to be any direct 
section 7 related costs to the operation and maintenance (O&M) of 
existing features and structures.
    The inclusion of these features and structures in the critical 
habitat boundaries could indirectly affect the activities associated 
with the existing features due to an increase in State and county 
environmental review. However, any additional delays or modifications 
as a result of the increased State and county review are anticipated to 
be negligible because manmade features and structures do not contain 
the primary constituent elements for the listed plants.
    The DEA and the Addendum present all of the reasonably forseeable 
projects, land uses, and activities that could occur within critical 
habitat over the next ten years. While there may be some unknown future 
change in the use of the land in the Conservation District in critical 
habitat, there is insufficient information to assess the potential 
indirect or direct effects critical habitat will have on the land use. 
However, any impact attributable to critical habitat is anticipated to 
be minor due to the existing protections provided by Conservation 
District and other baseline regulations discussed in Chapter IV of the 
DEA.
    (77) Comment: Several commenters stated the following: Kauai's 
economy is far from robust and serious consideration must be given to 
the economic consequences of designating critical habitat. The total 
designation of 99,206 acres on Kauai and 697 acres on Niihau encompass 
approximately one-fourth of the total land area of Kauai County and is 
of grave concern.
    Our Response: Critical habitat, as modified, includes roughly 15 
percent of the island of Kauai and less than one percent of the island 
of Niihau. The economic costs to the economy of Kauai County (which 
includes both Kauai and Niihau) are expected to be minimal because (1) 
as modified, 99 percent of the proposed critical habitat is in 
Conservation District where development and other economic activity is 
severely limited; (2) almost all of the remaining agricultural land is 
on Niihau in an area not subject to development pressure; and (3) all 
of the land in the Urban District is on steep ocean cliffs that cannot 
support development.
    (78) Comment: Several commenters stated the following: All Hawaiian 
plant recovery plans call for fencing to keep feral animals away from 
the plants. Yet the Service has stated that the 99,000 acres being 
designated as critical habitat on Kauai will have no impact on the 
hunters. Clarification of this statement is needed. Critical habitat 
designation will greatly impact the public hunting program and deprive 
hunters access to lands they have used for generations for recreation 
as well as food supplement for their families. This loss is of further 
significance, given Kauai's hard-pressed economy and the recent 
closures of Amfac and Kekaha Sugar plantations. The State could also 
lose much needed revenues to continue its game and area management 
services as sales of hunting licenses would decrease. This, in turn, 
would result in the overgrowth of non-endangered plant species that 
will eventually overrun the protected endangered species population. 
Also, limitations on game hunting in areas of critical habitat may lead 
to an increase in the numbers of wild pigs and goats, which would feed 
on the endangered plant species.
    Our Response: Chapter VI, sections 3.a. and 4.b. of the DEA and 
section 4.a. of the Addendum discuss the potential effects the 
implementation of section 7 for the listed plants will likely have on 
hunting, as well as the potential indirect effect critical habitat 
could have on hunting. The direct effects include costs ranging from 
$9,000 to $17,600 for two section 7 consultation between the Service 
and DLNR and costs ranging from $50,000 to $100,000 for project 
modifications associated with State game management activities. The 
indirect effects include a slight probability of a change in State game 
management policy and an undetermined probability of a successful third 
party lawsuit to mandate conservation management of State and private 
lands, which could include fencing to exclude feral ungulates. The 
potential drop in hunting activity translates into a decrease in annual 
economic activity related to hunting on Kauai of about $297,000 in 
direct sales (a figure that includes expenditures on hunting licenses); 
$513,000 in total direct and indirect sales; nine jobs; and $176,000 in 
income, as well as a loss of $149,000 in hunter benefits. However, the 
decrease in expenditures and hunter benefits would probably be off-set 
by expenditures and benefits associated with other recreational 
activities, so these figures are likely to overstate the economic 
costs. If the critical habitat, as modified, is fenced to exclude 
ungulates, the annual cost of conservation management for the listed

[[Page 9174]]

plants would be approximately $1.8 million.
    A critical habitat designation does not in any way create a 
wilderness area, preserve or wildlife refuge, nor does it close an area 
to human access or use. It applies only to activities sponsored at 
least in part by Federal agencies. Land uses such as logging, grazing 
and recreation that may require Federal permits may take place if they 
do not adversely modify critical habitat. Critical habitat designations 
do not constitute land management plans. A designation of critical 
habitat does not require a private or State landowner to fence the 
designated area and/or remove game mammals. However, feral ungulates 
have been extremely important causes of vegetation decline in Hawaii 
(Cuddihy and Stone 1990) and have been identified as a primary threat 
to many of the listed plant species on Kauai. The Service recognizes 
that populations of many game mammal species affect the distribution 
and abundance of many listed endangered plant and animal species to 
varying degrees, either directly or indirectly. We also recognize that 
game mammal hunting is a highly valued activity to a portion of the 
present-day Hawaiian culture. We recognize hunting as an important tool 
to manage wild populations of game and support hunting as a 
recreational activity and the maintenance of game mammal hunting 
programs within the State of Hawaii. However, Federal and State law 
dictate that hunting programs should be designed and executed in a way 
that is compatible with endangered species conservation. Game mammal 
hunting programs should not only prevent extinction, but allow for the 
recovery of federally listed endangered and threatened species. The 
Service also recognizes that under certain circumstances, removal of 
ungulates can result in an increase in weedy growth and associated fire 
risk, and we recommend that ungulate management programs assess and 
address this issue.
    (79) Comment: The Navy commented that: There is no indication that 
the specific Navy parcels are, in fact, critical to the survival of 
these species; the vast majority of the proposed areas to be designated 
are presently unoccupied by the species in question and their 
successful introduction to and survival in these areas is speculative; 
and the proposed areas are presently utilized for national defense 
operations that may present incompatibilities with the objective of 
species preservation. Therefore, the benefits of excluding the areas 
outweigh the benefits of specifying these areas as part of the critical 
habitat.
    Our Response: We have had numerous discussions with the Navy 
regarding these areas, and as a result, have removed some sections of 
the units for these species, based on either the lack of primary 
constituent elements or the presence of structures and areas used for 
Navy training operations. The remaining areas are not excluded because 
they contain at least one of the primary constituent elements for 
Panicum niihauense as described in the ``Hawaiian plants--Constituent 
elements'' section. These areas are essential to the recovery of 
Panicum niihauense because not enough other areas that contain these 
primary constituent elements outside of the PMRF are known to exist in 
order to meet our goals of 8 to 10 populations.
    (80) Comment: One commenter stated the following: It is not prudent 
to designate critical habitat on Niihau as it may serve to restrict 
Federal actions that promote the readiness of our nation's fighting 
forces. The operations most likely to be impacted would be the Special 
Warfare and the downed pilot recovery training exercised by the U.S. 
Marine Corps and U.S. Navy. Disruption of these activities may also 
result in negative economic impact to Niihau residents.
    Our Response: The potential project modifications as a result of 
the implementation of section 7 for the plants on military activities 
on Niihau are discussed in Chapter VI, section 3.m. of the DEA. These 
project modifications include placing stakes in the ground to mark the 
boundaries of the areas which should be avoided. The Navy may also give 
maps to military personnel before they are deployed to the area to 
delineate these areas. The total cost of these project modifications is 
estimated at $6,000. Given that the proposed critical habitat as 
modified covers less than one percent of Niihau, and the military uses 
much of the island for Special Warfare and the downed pilot recovery 
training, the avoidance of the areas in critical habitat is not 
anticipated to have an effect on the readiness of our nation's fighting 
forces or Niihau residents.
    (81) Comment: One commenter stated the DEA lacks a thorough 
benefits analysis. Multiple commenters stated that the DEA ignored the 
benefit of keeping other native species off the endangered species 
list, of maintaining water quality and quantity, of promoting ground 
water recharge, and of preventing siltation of the marine environment, 
thus protecting coral reefs. Another commenter noted that additional 
benefits of critical habitat include combating global warming, 
providing recreational opportunities, attracting ecotourism, and 
preserving Hawaii's natural heritage. Although the DEA makes general 
observations of the benefits associated with designating critical 
habitat, it makes no attempt to quantify these acknowledged benefits. 
The Service must use the tools available such as a University of Hawaii 
Secretariat for Conservation Biology study that estimated the value of 
ecosystem services, to determine the benefits of critical habitat. On 
the other hand, one commenter stated that the DEA overestimates 
economic benefits and many of the alleged benefits are entirely 
speculative, unquantifiable or lack any commercial value. In addition, 
treating ``better siting of projects by developers so as to avoid 
costly project delays,'' as an economic benefit is circular. The costly 
project delays result from regulations. They could be avoided by not 
imposing the regulations in the first place.
    Our Response: Chapter VI, Sections 6 and 7 of the DEA discusses the 
potential benefits addressed in the above comments. However, the DEA 
also indicates that these benefits are not quantified due to lack of 
information on the value of the environmental benefits that would be 
attributable specifically to the critical habitat designations (i.e., 
the benefits over and above those which will occur due to other 
existing protections, and over and above the benefits from other 
conservation projects). In addition, there is a lack of (1) scientific 
studies regarding ecosystem changes due to critical habitat, and (2) 
economic studies on the per-unit value of the changes.
    The 1999 analysis by University of Hawaii (UH) economists on the 
total value of environmental services provided by Oahu's Koolau 
Mountains was used in the DEA as a resource document for concepts, and 
for identifying documents that report the original research on certain 
subjects.
    However, the UH study has limited applicability for valuing the 
benefits of plants critical habitat designation for a number of 
reasons. First, the UH study had a different purpose which was to 
estimate the total value of environmental benefits provided by the 
entire Koolau Mountains on the island of Oahu versus the value of the 
more limited benefits provided by the proposed plants critical habitat 
on the island of Kauai. Consistent with its purpose, the UH study 
provides no estimates of the changes in environmental conditions 
resulting from changes in land management due to critical habitat 
designations.

[[Page 9175]]

    Furthermore, many of the assumptions and much of the analysis in 
the UH study are not transferable to the economic analysis for the 
plants critical habitat. For example, the value of water recharge in 
the UH study reflects projected water supply and demand conditions on 
Oahu--an island which is nine percent larger than Kauai but has a 
population of more than 12 times that of Kauai. Also, the UH benefit 
analysis of reducing soil runoff is unique to three valleys that drain 
through partially channelized streams in urban areas into the manmade 
Ala Wai Canal. Since this canal was designed with inadequate flushing 
from stream or ocean currents, it functions as an unintended settling 
basin so must be dredged periodically. In addition, the recreational 
and ecotourism values provided in the UH study apply to areas that are 
accessible to most hikers, which is not the case with most of the 
plants critical habitat. As mentioned in the DEA, most of the plants 
critical habitat units are located in the mountainous interior of 
Kauai. Much of the proposed critical habitat has steep slopes, remote 
locations, and difficult access; some of the units are accessible only 
by helicopter and are rarely visited.
    Chapter VI, section 6.c. of the DEA discusses a potential benefit 
of critical habitat to developers. By knowing the critical habitat 
boundaries, developers can site projects outside the boundaries, 
thereby avoiding certain issues related to threatened and endangered 
species. As such, the benefit is not circular, because, as a result of 
critical habitat, developers can avoid take issues associated with 
section 9 of the Act and the other baseline regulations protecting 
listed species discussed in Chapter IV of the DEA.
    (82) Comment: Several commenters stated the following: Existence 
values should be quantified. Studies referenced in the analysis contain 
information about how much people would be willing to pay to save 
various species. Even assuming plants are non-charismatic and therefore 
would justify lower values, there would still be a value of $6 per 
household per year. If the study is able to take values for a day of 
hunting from the State of Idaho and apply them to Hawaii, it should be 
equally able to take values from studies which have looked at other 
species to get some sense of what people would pay to make sure these 
species recover and do not go extinct.
    Our Response: When primary research on benefits is not feasible, 
economists frequently rely on the method of benefits transfer. Benefits 
transfer involves application of results of existing valuation studies 
to a new policy question. Two core principals of defensible benefits 
transfer are (1) the use of studies that apply acceptable techniques to 
generate welfare values, and (2) similarity between the good being 
valued in the literature and the good being valued in the policy 
context to which the transfer is being made (i.e., the protection 
afforded the plants by critical habitat). No known studies exist on 
quantified data on the value of plants. Therefore, applying results of 
existing valuation studies on non-plants to the Kauai plants is not 
feasible.
    (83) Comment: Several commenters stated the following: Active 
management by private landowners would be more beneficial than critical 
habitat designations because private landowners can carry out 
conservation actions that might otherwise not happen. The proposal 
fails to properly consider the importance of cooperation and goodwill 
between the Service and private landowners, and the impact critical 
habitat designations will have in discouraging voluntary partnerships 
on private lands.
    Our Response: Chapter VI, section 4.j. of the DEA discusses the 
potential for reduced cooperation on conservation projects as a result 
of critical habitat. The DEA determines that a modest but undetermined 
reduction in cooperation may occur, along with a corresponding but 
undetermined environmental loss to society.

Summary of Changes From the Revised Proposed Rule

    Based on a review of public comments received on the proposed 
determinations of critical habitat, we have reevaluated our proposed 
designations and included several changes to the final designations of 
critical habitat. These changes include the following:
    (1) The scientific names changed for the following associated 
species with the listed species found in the ``Supplementary 
Information: Discussion of the Plant Taxa'' section: Lipochaeta 
integrifolia changed to Melanthera integrifolia for Centaurium 
sebaeoides; L. subcordata changed to Melanthera subcordata for 
Lipochaeta fauriei; Styphelia tameiameiae changed to Leptecophylla 
tameiameiae for Chamaesyce halemanui, Delissea rhytidosperma, Diellia 
erecta, Diellia pallida, Exocarpos luteolus, Mariscus pennatiformis, 
Melicope knudsenii, Platanthera holochila, Poa siphonoglossa, 
Pteralyxia kauaiensis, Schiedea kauaiensis, Schiedea stellarioides, 
Viola kauaiensis var. wahiawaensis, and Xylosma hawaiiense; Hibiscus 
tiliaceus changed to Talipariti tiliaceum for Cyperus trachysanthos; 
Myrica faya changed to Morella faya for Diellia erecta and Exocarpos 
luteolus; Stachytarpheta dichotoma changed to S. australis for 
Brighamia insignis, Cyanea undulata, Dubautia pauciflorula, Lipochaeta 
micrantha, and Viola helenae; Mariscus meyenianus changed to Cyperus 
meyenianus for Diellia erecta and Poa mannii; Mariscus phleoides 
changed to Cyperus phleoides for Centaurium sebaeoides; Pluchea 
symphytifolia changed to P. carolinensis for Cyanea undulata, Dubautia 
pauciflorula, Hedyotis st.-johnii, and Lipochaeta micrantha; Athyrium 
sandwichianum changed to Diplazium sandwichianum for Plantago princeps, 
Melicope knudsenii, Flueggea neowawraea, Euphorbia haeleeleana, Xylosma 
crenatum, Viola helenae, Schiedea membranacea, Pteralyxia kauaiensis, 
Phyllostegia wawrana, Phyllostegia waimeae, Nothocestrum peltatum, 
Dubautia latifolia, Delissea rivularis, Cyrtandra limahuliensis, 
Cyrtandra cyaneoides, Cyanea undulata, Cyanea remyi, and Alsinidendron 
lychnoides; and Setaria gracilis changed to Setaria parviflora for 
Brighamia insignis, Cyanea undulata, and Dubautia pauciflorula.
    (2) We corrected the misidentification of Passiflora mollissima to 
P. tarminiana which is an associated species found with the following 
listed species: Delissea rhytidosperma, Dubautia latifolia, 
Nothocestrum peltatum, Phyllostegia wawrana, Poa sandvicensis, Schiedea 
membranacea, Delissea undulata, Diellia erecta, and Solanum sandwicense 
in the threat section of the species descriptions in the 
``Supplementary Information: Discussion of the Plant Taxa''.
    (3) We changed ``spp.'' to the specific species which are 
associated with the following listed species found on Kauai in the 
``Supplementary Information: Discussion of the Plant Taxa'' and section 
17.99: Touchardia spp. changed to Touchardia latifolia for Cyanea 
remyi; Syzygium spp. changed to Syzygium sandwicensis for Isodendrion 
longifolium; Gunnera spp. changed to Gunnera kauaiensis for Cyrtandra 
cyaneoides, Plantago princeps, and Phyllostegia waimeae; Eugenia spp. 
changed to Eugenia reinwardtiana for Cyrtandra limahuliensis and 
Isodendrion longifolium; Pteralyxia spp. changed to Pteralyxia 
kauaiensis for Alectryon macrococcus, Delissea rhytidosperma, and 
Euphorbia haeleeleana; Alectryon spp. changed to Alectryon macrococcus 
for Phyllostegia wawrana; Broussaisia spp. changed to

[[Page 9176]]

Broussaisia arguta for Adenophorus periens; Pleomele spp. changed to 
Pleomele aurea for Alsinidendron viscosum, Dubautia latifolia, 
Pritchardia napaliensis, and Alectryon macrococcus; and Antidesma spp. 
changed to Antidesma platyphyllum for Cyanea remyi, Cyanea undulata, 
Cyrtandra limahuliensis, Dubautia latifolia, Hesperomannia lydgatei, 
Hibiscus waimeae ssp. hannerae, Kokia kauaiensis, Lipochaeta micrantha, 
Nothocestrum peltatum, Pritchardia viscosa, Alectryon macrococcus, 
Fleuggia neowawraea, Isodendrion laurifolium, and Isodendrion 
longifolium.
    (4) For species associated with listed species, we replaced 
specific species names for those that do not exist on Kauai with 
``spp.'' for genera with multiple species on Kauai in the 
``Supplementary Information: Discussion of the Plant Taxa'' and section 
17.99 as follows: Cibotium chamissoi changed to Cibotium spp. for 
Phlegmariurus nutans; Peperomia leptostachya changed to Peperomia spp. 
for Wilkesia hobdyi; Lipochaeta succulenta and Lipochaeta heterophylla 
changed to Lipochaeta spp. for Centaurium sebaeoides; Coprosma grayana 
changed to Coprosma spp. for Viola kauaiensis var. wahiawaensis; 
Peperomia macraeana changed to Peperomia spp. for Exocarpos luteolus 
and Phyllostegia wawrana; Schiedea lydgatei var. attenuata changed to 
Schiedea spp. for Poa mannii; Adenophorus oligadenus changed to 
Adenophorus spp. for Delissea rhytidosperma; and Cyanea hirta changed 
to Cyanea spp. for Xylosma crenatum.
    (5) We corrected the species name to the species that occurs on 
Kauai for species associated with listed species in the ``Supplementary 
Information: Discussion of the Plant Taxa'' and section 17.99 as 
follows: Santalum ellipticum changed to Santalum freycinetianum for 
Lipochaeta waimeaensis and Delissea undulata; and Pteralyxia 
sandwicensis changed to Pteralyxia kauaiensis for Delissea 
rhytidosperma and Euphorbia haeleeleana.
    (6) We removed the following species from the list of associated 
species from the ``Supplementary Information: Discussion of the Plant 
Taxa'' and section 17.99 as they do not occur on Kauai: Abutilon 
sandwicense was removed from Melicope pallida; Reynoldsia sandwicensis 
was removed from Euphorbia haeleeleana; Rhynchospora laxa was removed 
from Platanthera holochila; and Antidesma pulvinatum was removed from 
Flueggea neowawraea.
    (7) In order to avoid confusion regarding the number of location 
occurrences for each species (that does not necessary represent a 
viable population) and the number of recovery populations (8 to 10 with 
100, 300, or 500 reproducing individuals) we changed the word 
``population'' to ``occurrence'' and updated the number of occurrences 
and/or individuals for the following species found in the 
``Supplementary Information: Discussion of the Plant Taxa'' section and 
``Table 2.--Summary of existing occurrences on Kauai and Niihau, and 
landownership for 95 species reported from Kauai and Niiahu'': 
Adenophorus periens changed from 80 individuals to 59; Alectryon 
macrococcus changed from six populations to 18 occurrences and from 204 
individuals to 159-174; Alsinidendron lychnoides changed from two 
populations to four occurrences and from 10 individuals to eight; 
Alsinidendron viscosum changed from five populations to seven 
occurrences and from 263 individuals to 319; Bonamia menziesii changed 
from eight populations to nine occurrences and from 62 individuals to 
36; Brighamia insignis changed from 65 individuals to 42-62; Centaurium 
sebaeoides changed from 52 individuals to 22-52; Chamaesyce halemanui 
changed from six populations to nine occurrences and from 143 
individuals to 85-135; Cyanea asarifolia changed from one population to 
two occurrences and from five individuals to 4-5; Cyanea recta changed 
from seven populations to eight occurrences and from 609 individuals to 
198-208; Cyanea remyi changed from 374 individuals to 394-484; Cyperus 
trachysanthos changed from two populations to one occurrence; Cyrtandra 
cyaneoides changed from 404 individuals to 354-454; Cyrtandra 
limahuliensis changed from 11 populations to 13 occurrences and from 
822 individuals to 2,746-3,024; Delissea rhytidosperma changed from 19 
individuals to 11; Diellia pallida changed from four populations to six 
occurrences and from 20-25 individuals to 43-48; Dubautia latifolia 
changed from nine populations to 26 occurrences and from 80 individuals 
to 65-84; Dubautia pauciflorula changed from two populations to four 
occurrences; Euphorbia haeleeleana changed from seven populations to 23 
occurrences; Exocarpos luteolus changed from eight populations to nine 
occurrences; Flueggea neowawraea changed from eight populations to 10 
occurrences and from 85 individuals to 62; Hedyotis st.-johnii changed 
from four populations to 11 occurrences and from 296 individuals to 
227-292; Hesperomannia lydgatei changed from three populations to four 
occurrences and from 295 individuals to 298; Hibiscadelphus woodii 
changed from one population to two occurrences; Hibiscus clayi changed 
from six individuals to four; Hibiscus waimeae ssp. hannerae changed 
from three populations to two occurrences; Isodendrion laurifolium 
changed from five populations to 13 occurrences and from 151 
individuals to 142-154; Isodendrion longifolium changed from nine 
populations to 15 occurrences and from 521 individuals to 804-854; 
Kokia kauaiensis changed from five populations to 21 occurrences and 
from 166 individuals to 166-171; Labordia tinifolia var. wahiawaensis 
changed from 100 individuals to 20-30; Lipochaeta fauriei changed from 
four populations to five occurrences and from 183 individuals to 82; 
Lipochaeta micrantha changed from 231 individuals to 171; Lobelia 
niihauensis changed from 11 populations to 13 occurrences and from 
1,106 individuals to 284-2,134; Lysimachia filifolia changed from 75 
individuals to 20-75; Melicope haupuensis changed from five individuals 
to 13; Melicope knudsenii changed from seven populations to 10 
occurrences; Melicope pallida changed from five populations to six 
occurrences; Munroidendron racemosum changed from 14 populations to 17 
occurrences and from 101 individuals to 59-99; Myrsine linearifolia 
changed from eight populations to 12 occurrences and from 522 
individuals to 490-564; Nothocestrum peltatum changed from six 
populations to 10 occurrences and from 19 individuals to 20; Peucedanum 
sandwicense changed from 14 populations to 15 occurrences and from 340 
individuals to 156-256; Phyllostegia knudsenii changed from one 
population to three occurrences and from 17 individuals to 4-13; 
Phyllostegia wawrana changed from 49 individuals to 34-54; Plantago 
princeps changed from six populations to seven occurrences and from 471 
individuals to 542-670; Platanthera holochila changed from 28 
individuals to 24-34; Poa sandvicensis changed from 1,740 individuals 
to 1,321; Pritchardia napaliensis changed from three populations to 
five occurrences; Pteralyxia kauaiensis changed from 15 populations to 
39 occurrences and from 807 individuals to 1,124-1,161; Remya 
kauaiensis changed from 12 populations to 17 occurrences and from 124 
individuals to 106-114; Remya

[[Page 9177]]

montgomeryi changed from three populations to six occurrences and from 
113 individuals to 143; Schiedea apokremnos changed from 751 
individuals to 819-1,751; Schiedea helleri changed from 63 individuals 
to 50-60; Schiedea kauaiensis changed from two populations to five 
occurrences; Schiedea membranacea changed from seven populations to 10 
occurrences and from 195 individuals to 344-348; Schiedea nuttallii 
changed from 50 individuals to 10-50; Schiedea spergulina var. leiopoda 
changed from 50 individuals to 135-150; Schiedea spergulina var. 
spergulina changed from 206 individuals to 208; Schiedea stellarioides 
changed from two populations to three occurrences and from 400 
individuals to 1,500; Sesbania tomentosa changed from 18 individuals to 
11; Solanum sandwicense changed from six populations to eight 
occurrences; Spermolepis hawaiiensis changed from three populations to 
two occurrences; Stenogyne campanulata changed from two populations to 
three occurrences; Wilkesia hobdyi changed from six populations to nine 
occurrences and from 491 individuals to 406-471; Xylosma crenatum 
changed from 8 individuals to 16; and Zanthoxylum hawaiiense changed 
from two populations to three occurrences.
    (8) We changed ``flowering cycles, pollination vectors, seed 
dispersal agents'' to ``reproduction cycles, dispersal agents'' in the 
life history portion of the ``Supplementary Information: Discussion of 
the Plant Taxa'' section for the fern species Adenophorus periens, 
Ctenitis squamigera, Diellia erecta, Diellia pallida, Diplazium 
molokaiense, and Phlegmariurus nutans.
    (9) We revised the list of excluded, manmade features in the 
``Criteria Used to Identify Critical Habitat'' and section 17.99 to 
include additional features based on information received during the 
public comment periods.
    (10) We updated the elevation ranges in section 17.99 for 
Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Bonamia menziesii, Chamaesyce halemanui, Ctenitis squamigera, Cyanea 
recta, Cyanea remyi, Cyanea undulata, Cyperus trachysanthos, Cyrtandra 
cyaneoides, Cyrtandra limahuliensis, Delissea rivularis, Diellia 
pallida, Diplazium molokaiense, Dubautia latifolia, Dubautia 
pauciflorula, Euphorbia haeleeleana, Exocarpos luteolus, Gouania 
meyenii, Hesperomannia lydgatei, Hibiscus clayi, Ischaemum byrone, 
Isodendrion laurifolium, Isodendrion longifolium, Kokia kauaiensis, 
Labordia lydgatei, Lipochaeta fauriei, Lipochaeta micrantha, Lipochaeta 
waimeaensis, Lobelia niihauensis, Lysimachia filifolia, Mariscus 
pennatiformis, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Panicum niihauense, Peucedanum sandwicense, Phlegmariurus 
nutans, Phyllostegia knudsenii, Phyllostegia wawrana, Plantago 
princeps, Platanthera holochila, Poa sandvicensis, Poa siphonoglossa, 
Pteralyxia kauaiensis, Remya kauaiensis, Schiedea apokremnos, Schiedea 
helleri, Schiedea kauaiensis, Schiedea membranacea, Schiedea nuttallii, 
Schiedea spergulina var. leiopoda, Schiedea stellarioides, Sesbania 
tomentosa, Solanum sandwicense, Spermolepis hawaiiensis, Xylosma 
crenatum, and Zanthoxylum hawaiiense.
    (11) We made revisions to the unit boundaries based on information 
supplied by commenters, as well as information gained from field visits 
to some of the sites, that indicated that the primary constituent 
elements were not present in certain portions of the proposed unit, 
that certain changes in land use had occurred on lands within the 
proposed critical habitat that would preclude those areas from 
supporting the primary constituent elements, or that the areas were not 
essential to the conservation of the species in question.
    A brief summary of the modifications made to each unit is given 
below (see also Figure 1).

[[Page 9178]]

[GRAPHIC] [TIFF OMITTED] TR27FE03.000

Kauai A
    This unit was proposed as critical habitat for two multi-island 
species: Centaurium sebaeoides and Ischaemum byrone. We excluded the 
proposed critical habitat for Centaurium sebaeoides. This area is not 
essential for the conservation of Centaurium sebaeoides because it 
lacks one or more of the primary constituent elements, has a lower 
proportion of associated native species than other areas we consider to 
be essential to the conservation of Centaurium sebaeoides, is not 
currently managed for the conservation of this species, and there are 
at least 10 other locations in its historical range on Kauai and other 
islands which provide habitat for this species and which are either 
designated as critical habitat in this rule or have been proposed for 
designation in other rules.
    Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements for Ischaemum byrone. The area 
designated as critical habitat for this species provides habitat within 
its historical range for two populations.
    This modification resulted in the reduction from 15 ha (38 ac) to 
13 ha (32 ac). This unit was renamed Kauai 1--Ischaemum byrone--a, 
Kauai 2--Ischaemum byrone--b, and Kauai 3--Ischaemum byrone--c.
Kauai B
    This unit was proposed as critical habitat for two species: 
Hibiscus clayi and Munroidendron racemosum. Modifications were made to 
this unit to exclude areas that do not contain the primary constituent 
elements essential to the conservation of Hibiscus clayi and 
Munroidendron racemosum. The area designated as critical habitat for 
these two Kauai endemic species provides habitat within their 
historical ranges for one population of each species.
    This modification resulted in the reduction from 271 ha (669 ac) to 
60 ha (148 ac). This unit was renamed Kauai 5--Hibiscus clayi--f and 
Kauai 5--Munroidendron racemosum--a.

[[Page 9179]]

Kauai C
    This unit was proposed as critical habitat for two species: 
Brighamia insignis and Lobelia niihauensis. We excluded the proposed 
critical habitat for Lobelia niihauensis. This area is not essential 
for the conservation of Lobelia niihauensis because it has a lower 
proportion of associated native species than other areas we consider to 
be essential for the conservation of Lobelia niihauensis, and there are 
10 other locations within its historical range on Kauai and Oahu which 
provide habitat for two species and which are either designated as 
critical habitat in this rule or have been proposed for designation in 
other rules.
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of Brighamia insignis. The remaining area 
designated as critical habitat for this endemic species provides 
habitat within its historical range for one population.
    This modification resulted in the reduction from 97 ha (239 ac) to 
63 ha (156 ac). This unit was renamed Kauai 6--Brighamia insignis--a.
Kauai D
    This unit was proposed as critical habitat for the multi-island 
species Sesbania tomentosa. Modifications were made to this unit to 
exclude degraded areas not essential to the conservation of Sesbania 
tomentosa, including the removal of subunit D1. The remaining area 
designated as critical habitat for this species provides habitat within 
its historical range for one population.
    This modification resulted in the reduction from 255 ha (629 ac) to 
47 ha (117 ac). This unit was renamed Kauai 8--Sesbania tomentosa--a.
Kauai E
    This unit was proposed as critical habitat for 10 species: 
Brighamia insignis, Delissea rhytidosperma, Isodendrion longifolium, 
Lipochaeta micrantha, Melicope haupuensis, Munroidendron racemosum, 
Myrsine linearifolia, Peucedanum sandwicense, Pteralyxia kauaiensis and 
Schiedea nuttallii. Modifications were made to this unit to exclude 
areas that do not contain the primary constituent elements essential to 
the conservation of these 10 species.
    The area designated as critical habitat for the Kauai and Niihau 
endemic species Brighamia insignis provides habitat within its 
historical range for one population. The area designated as critical 
habitat provides habitat within the historical ranges for two 
populations each of Delissea rhytidosperma, Lipochaeta micrantha, and 
Melicope haupuensis, and one population each of Munroidendron 
racemosum, Myrsine linearifolia, and Pteralyxia kauaiensis, all Kauai 
endemic species.
    The area designated as critical habitat for the multi-island 
species Isodendrion longifolium and Peucedanum sandwicense provides 
habitat within their historical ranges for one population each and for 
two populations of Schiedea nuttallii.
    This modification resulted in the reduction from 563 ha (1,390 ac) 
to 349 ha (862 ac). This unit was renamed Kauai 7--Brighamia insignis--
b, Kauai 7--Delissea rhytidosperma--a, Kauai 7-- Isodendrion 
longifolium--a, Kauai 7-- Lipochaeta micrantha--a, Kauai 7-- Melicope 
haupuensis--a, Kauai 7-- Munroidendron racemosum--b, Kauai 7-- Myrsine 
linearifolia--a, Kauai 7-- Peucedanum sandwicense--a, Kauai 7-- 
Pteralyxia kauaiensis--a, and Kauai 7--Schiedea nuttallii--a.
Kauai F
    No changes were made to Kauai F. However, due to revising the 
polygon to more closely follow geographical and topographical features, 
a correction has been made to the total acreage. The reduction in area 
does not affect the ability of this unit to provide habitat for one 
population of Schiedea spergulina var. leiopoda in this unit.
    The area designated as critical habitat for the Kauai endemic 
species Schiedea spergulina var. leiopoda provides habitat within its 
historical range for one population. The correction resulted in a total 
of 5 ha (11 ac). This unit was renamed Kauai 9--Schiedea spergulina 
var. leiopoda--a.
Kauai G
    This unit was proposed as critical habitat for three species: 
Lipochaeta waimeaensis, Schiedea spergulina var. spergulina, and 
Spermolepis hawaiiensis. Modifications were made to this unit to 
exclude areas that do not contain the primary constituent elements 
essential to the conservation of these three species. The reduction in 
area does not affect the ability of this unit to provide for one to two 
populations of these three species.
    The area designated as critical habitat provides habitat for one 
population of Lipochaeta waimeaensis and two populations of Schiedea 
spergulina var. spergulina within the historical ranges of these Kauai 
endemic species. The area designated as critical habitat for the multi-
island species Spermolepis hawaiiensis provides habitat within its 
historical range for one population.
    This modification resulted in the reduction from 317 ha (784 ac) to 
289 ha (713 ac). This unit was renamed Kauai 13--Lipochaeta 
waimeaensis--a, Kauai 13--Schiedea spergulina var. spergulina--c, Kauai 
13--Spermolepis hawaiiensis--b, and Kauai 13--Spermolepis hawaiiensis--
c.
Kauai H
    This unit was proposed as critical habitat for two species, Panicum 
niihauense (a Kauai and Niihau endemic) and Sesbania tomentosa. 
Modifications were made to this unit to exclude areas that do not 
contain the primary constituent elements essential to the conservation 
of Panicum niihauense based on a site visit conducted during the public 
comment period. This reduction in area did not affect the ability of 
this unit to provide habitat for seven populations of this species in 
this unit. The remaining area designated as critical habitat for 
Panicum niihauense provides habitat within its historical range for 
seven populations.
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of the multi-island species Sesbania 
tomentosa. The area designated as critical habitat for this species 
provides habitat within its historical range for one population.
    These modifications resulted in the reduction from 329 ha (812 ac) 
to 175 ha (431 ac). This unit was renamed Kauai 14--Panicum 
niihauense--a, Kauai 14--Sesbania tomentosa--b, Kauai 15--Panicum 
niihauense--b, Kauai 16--Panicum niihauense--c, and Kauai 17--Panicum 
niihauense--d.
Kauai I
    This unit was proposed as critical habitat for 60 species: 
Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Bonamia menziesii, Brighamia insignis, Centaurium sebaeoides, 
Chamaesyce halemanui, Ctenitis squamigera, Cyanea recta, Cyanea remyi, 
Cyperus trachysanthos, Cyrtandra limahuliensis, Delissea rhytidosperma, 
Delissea rivularis, Delissea undulata, Diellia pallida, Diplazium 
molokaiense, Dubautia latifolia, Euphorbia haeleeleana, Exocarpos 
luteolus, Flueggea neowawraea, Gouania meyenii, Hedyotis cookiana, 
Hedyotis st.-johnii, Hesperomannia lydgatei, Hibiscadelphus woodii, 
Hibiscus waimeae ssp. hannerae, Ischaemum byrone, Isodendrion 
laurifolium, Isodendrion longifolium, Kokia kauaiensis, Labordia 
lydgatei, Lipochaeta fauriei, Lobelia niihauensis, Melicope haupuensis, 
Melicope

[[Page 9180]]

knudsenii, Melicope pallida, Munroidendron racemosum, Myrsine 
linearifolia, Nothocestrum peltatum, Panicum niihauense, Peucedanum 
sandwicense, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea apokremnos, 
Schiedea kauaiensis, Schiedea membranacea, Schiedea spergulina var. 
spergulina, Sesbania tomentosa, Solanum sandwicense, Stenogyne 
campanulata, Wilkesia hobdyi, and Xylosma crenatum.
    We excluded the proposed critical habitat for Bonamia menziesii. 
This area is not essential for the conservation of Bonamia menziesii 
because it has a lower proportion of associated native species than 
other areas we consider to be essential for the conservation of Bonamia 
menziesii, and there are at least 10 other locations within its 
historical range on Kauai and on other islands that provides habitat 
for this species and that are either designated as critical habitat in 
this rule or have been proposed for designation in other rules.
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of Brighamia insignis, Cyperus 
trachysanthos, Hedyotis st.-johnii, Ischaemum byrone, Lobelia 
niihauensis, Melicope knudsenii, Munroidendron racemosum, Nothocestrum 
peltatum, Peucedanum sandwicense, Poa mannii, Pteralyxia kauaiensis, 
Remya kauaiensis, Schiedea apokremnos, Schiedea membranacea, and 
Wilkesia hobdyi and not managed for the conservation of these 15 
species. There are other locations that have been identified to meet 
the recovery goal of 8 to 10 populations throughout their historical 
ranges on Kauai (Brighamia insignis, Hedyotis st.-johnii, Munroidendron 
racemosum, Nothocestrum peltatum, Poa mannii, Pteralyxia kauaiensis, 
Remya kauaiensis, Schiedea apokremnos, Schiedea membranacea, and 
Wilkesia hobdyi) and on other islands (Cyperus trachysanthos, Ischaemum 
byrone, Lobelia niihauensis, Melicope knudsenii, and Peucedanum 
sandwicense).
    The area designated as critical habitat for the Kauai and Niihau 
endemic species Brighamia insignis provides habitat within its 
historical range for seven populations. The remaining area designated 
as critical habitat provides habitat within the historical ranges for 
six populations of Alsinidendron lychnoides, eight populations of 
Chamaesyce halemanui, three populations each of Cyanea recta and Cyanea 
remyi, two populations of Cyrtandra limahuliensis, four populations of 
Delissea rhytidosperma, three populations of Delissea rivularis, two 
populations of Diellia pallida, one population of Dubautia latifolia, 
eight populations of Exocarpos luteolus, seven populations of Hedyotis 
st.-johnii, one population of Hesperomannia lydgatei, five populations 
of Hibiscadelphus woodii, eight populations of Hibiscus waimeae ssp. 
hannerae, five populations of Kokia kauaiensis, one population of 
Labordia lydgatei, four populations of Lipochaeta fauriei, three 
populations of Melicope haupuensis, six populations of Munroidendron 
racemosum, three populations of Myrsine linearifolia, five populations 
of Nothocestrum peltatum, four populations of Phyllostegia wawrana, 
seven populations of Poa mannii, one population of Poa sandvicensis, 
five populations each of Poa siphonoglossa and Pteralyxia kauaiensis, 
six populations of Remya kauaiensis, three populations of Remya 
montgomeryi, nine populations of Schiedea apokremnos, six populations 
of Schiedea kauaiensis, five populations of Schiedea membranacea, two 
populations of Schiedea spergulina var. spergulina, three populations 
of Stenogyne campanulata, nine populations of Wilkesia hobdyi, and four 
populations of Xylosma crenatum. All of these are Kauai endemic 
species.
    The area designated as critical habitat for the following multi-
island species provides habitat within their historical ranges for one 
population each of Adenophorus periens and Alectryon macrococcus, four 
populations of Centaurium sebaeoides, one population of Ctenitis 
squamigera, six populations of Cyperus trachysanthos, three populations 
of Delissea undulata, one population of Diplazium molokaiense, four 
populations of Euphorbia haeleeleana, three populations each of 
Flueggea neowawraea and Gouania meyenii, seven populations of Hedyotis 
cookiana, one population of Ischaemum byrone, two populations of 
Isodendrion laurifolium, three populations of Isodendrion longifolium, 
four populations of Lobelia niihauensis, three populations each of 
Mariscus pennatiformis and Melicope knudsenii, two populations of 
Melicope pallida, three populations of Peucedanum sandwicense, two 
populations of Plantago princeps, four populations of Platanthera 
holochila, and five populations of Solanum sandwicense.
    These modifications resulted in the reduction from 8,238 ha (20,355 
ac) to 6,102 ha (15,078 ac). This unit was renamed Kauai 11--
Adenophorus periens--d, Kauai 11--Alectryon macroccus--b, Kauai 11--
Alsinidendron lychnoides--a, Kauai 11--Brighamia insignis--c, Kauai 
11--Centaurium sebaeoides--a, Kauai 11--Chamaesyce halemanui--c, Kauai 
11--Ctenitis squamigera--a, Kauai 11--Cyanea recta--d, Kauai 11--Cyanea 
remyi--d, Kauai 11--Cyperus trachysanthos--a, Kauai 11--Cyrtandra 
limahuliensis--e, Kauai 11--Delissea rhytidosperma--b, Kauai 11--
Delissea rhytidosperma--c, Kauai 11--Delissea rivularis--a, Kauai 11--
Delissea undulata--a, Kauai 11--Delissea undulata--b, Kauai 11--Diellia 
pallida--a, Kauai 11--Diplazium molokaiense--a, Kauai 11--Dubautia 
latifolia--b, Kauai 11--Euphorbia haeleeleana--a, Kauai 11--Euphorbia 
haeleeleana--b, Kauai 11--Exocarpos luteolus--b, Kauai 11--Exocarpos 
luteolus--c, Kauai 11--Exocarpos luteolus--e, Kauai 11--Flueggea 
neowawraea--a, Kauai 11--Flueggea neowawraea--b, Kauai 11--Flueggea 
neowawraea--d, Kauai 11--Flueggea neowawraea--e, Kauai 11--Flueggea 
neowawraea--f, Kauai 11--Gouania meyenii--a, Kauai 11--Gouania 
meyenii--b, Kauai 11--Hedyotis cookiana--a, Kauai 11--Hedyotis st.-
johnii--a, Kauai 11--Hesperomannia lydgatei--c, Kauai 11--
Hibiscadelphus woodii--a, Kauai 11--Hibiscadelphus woodii--b, Kauai 
11--Hibiscus waimeae ssp. hannerae--a, Kauai 11--Ischaemum byrone--d, 
Kauai 11--Isodendrion laurifolium--a, Kauai 11--Isodendrion 
longifolium--c, Kauai 11--Isodendrion longifolium--e, Kauai 11--Kokia 
kauaiensis--b, Kauai 11--Kokia kauaiensis--c, Kauai 11--Kokia 
kauaiensis--d, Kauai 11--Labordia lydgatei--e, Kauai 11--Lipochaeta 
fauriei--b, Kauai 11--Lobelia niihauensis--b, Kauai 11--Mariscus 
pennatiformis--a, Kauai 11--Melicope haupuensis--b, Kauai 11--Melicope 
knudsenii--a, Kauai 11--Melicope pallida--b, Kauai 11--Munroidendron 
racemosum--c, Kauai 11--Myrsine linearifolia--d, Kauai 11--Myrsine 
linearifolia--e, Kauai 11--Nothocestrum peltatum--b, Kauai 11--
Nothocestrum peltatum--c, Kauai 11--Peucedanum sandwicense--b, Kauai 
11--Peucedanum sandwicense--c, Kauai 11--Phyllostegia wawrana--b, Kauai 
11--Phyllostegia wawrana--d, Kauai 11--Plantago princeps--b, Kauai 11--
Plantago princeps--d, Kauai 11--Platanthera holochila--a, Kauai 11--Poa 
mannii--a, Kauai 11--Poa mannii--c, Kauai 11--Poa mannii--d, Kauai 11--
Poa sandvicensis--b, Kauai 11--Poa siphonoglossa--a, Kauai 11--

[[Page 9181]]

Pteralyxia kauaiensis--c, Kauai 11--Pteralyxia kauaiensis--d, Kauai 
11--Pteralyxia kauaiensis--e, Kauai 11--Pteralyxia kauaiensis--g, Kauai 
11--Remya kauaiensis--b, Kauai 11--Remya kauaiensis--c, Kauai 11--Remya 
montgomeryi--a, Kauai 11--Remya montgomeryi--c, Kauai 11--Schiedea 
apokremnos--a, Kauai 11--Schiedea apokremnos--b, Kauai 11--Schiedea 
apokremnos--c, Kauai 11--Schiedea kauaiensis--b, Kauai 11--Schiedea 
kauaiensis--c, Kauai 11--Schiedea kauaiensis--d, Kauai 11--Schiedea 
membranacea--b, Kauai 11--Schiedea membranacea--c, Kauai 11--Schiedea 
membranacea--d, Kauai 11--Schiedea spergulina var. spergulina--a, Kauai 
11--Solanum sandwicense--a, Kauai 11--Stenogyne campanulata--a, Kauai 
11--Wilkesia hobdyi--a, Kauai 11--Xylosma crenatum--a, Kauai 14--
Panicum niihauense--a, and Kauai 14--Sesbania tomentosa--b.
Kauai J
    This unit was proposed as critical habitat for 26 species: 
Adenophorus periens, Alsinidendron lychnoides, Bonamia menziesii, 
Brighamia insignis, Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, 
Cyrtandra limahuliensis, Delissea rivularis, Delissea undulata, 
Euphorbia haeleeleana, Exocarpos luteolus, Hesperomannia lydgatei, 
Hibiscus waimeae ssp. hannerae, Isodendrion longifolium, Labordia 
lydgatei, Lobelia niihauensis, Munroidendron racemosum, Myrsine 
linearifolia, Peucedanum sandwicense, Phyllostegia wawrana, Plantago 
princeps, Platanthera holochila, Remya montgomeryi, Schiedea kauaiensis 
and Schiedea membranacea.
    We excluded the proposed critical habitat for the Kauai endemic 
species Schiedea membranacea. This area is not essential for the 
conservation of this species because there are at least 10 other 
locations throughout its historical range on Kauai that contain a 
higher quality habitat or are on lands with a management mandate.
    We excluded the proposed critical habitat for the Kauai and Niihau 
endemic species Brighamia insignis. This area is not essential for the 
conservation of this species because there are at least 10 other 
locations that have been identified to meet the recovery goal of 8 to 
10 populations throughout its historical range on Kauai and Niihau that 
contain a higher quality habitat and/or are on lands with a management 
mandate.
    We excluded the proposed critical habitat for the multi-island 
species Bonamia menziesii, Euphorbia haeleeleana, and Peucedanum 
sandwicense. These areas are not essential for the conservation of 
these three species because there are at least 10 other locations that 
have been identified to meet the recovery goal of 8 to 10 populations 
of each species throughout their historical ranges on Kauai and other 
islands that contain a higher quality habitat and/or are on lands with 
a management mandate.
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of Adenophorus periens, Alsinidendron 
lychnoides, Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra 
limahuliensis, Delissea rivularis, Delissea undulata, Exocarpos 
luteolus, Hesperomannia lydgatei, Hibiscus waimeae ssp. hannerae, 
Isodendrion longifolium, Labordia lydgatei, Lobelia niihauensis, 
Myrsine linearifolia, Phyllostegia wawrana, Plantago princeps, 
Platanthera holochila, Remya montgomeryi, and Schiedea kauaiensis.
    The area designated as critical habitat provides habitat for six 
populations of Alsinidendron lychnoides, three populations each of 
Cyanea recta and Cyanea remyi, four populations of Cyrtandra 
cyaneoides, six populations of Cyrtandra limahuliensis, three 
populations of Delissea rivularis, four populations of Exocarpos 
luteolus, one population of Hesperomannia lydgatei, eight populations 
of Hibiscus waimeae ssp. hannerae, one population of Labordia lydgatei, 
four populations of Remya montgomeryi, and one population of Schiedea 
kauaiensis within the historical ranges of these Kauai endemic species.
    The area designated as critical habitat provides habitat for one 
population each of Adenophorus periens and Delissea undulata, two 
populations of Isodendrion longifolium, five populations of Lobelia 
niihauensis, six populations of Munroidendron racemosum, one population 
of Myrsine linearifolia, three populations of Phyllostegia wawrana, one 
population of Plantago princeps, and four populations of Platanthera 
holochila within the historical ranges of these multi-island species.
    These modifications resulted in the reduction from 5,536 ha (13,681 
ac) to 2,026 ha (5,006 ac). This unit was renamed Kauai 11--Adenophorus 
periens--d, Kauai 11--Alsinidendron lychnoides--a, Kauai 11--Cyanea 
recta--d, Kauai 11--Cyanea remyi--d, Kauai 11--Cyrtandra cyaneoides--c, 
Kauai 10--Cyrtandra limahuliensis--c, Kauai 11--Cyrtandra 
limahuliensis--e, Kauai 11--Delissea rivularis--a, Kauai 11--Delissea 
undulata--a, Kauai 11--Exocarpos luteolus--b, Kauai 11--Hesperomannia 
lydgatei--c, Kauai 11--Hibiscus waimeae ssp. hannerae--a, Kauai 11--
Isodendrion longifolium--e, Kauai 11--Labordia lydgatei--e, Kauai 11--
Lobelia niihauensis--b, Kauai 11--Munroidendron racemosum--c, Kauai 
11--Myrsine linearifolia--d, Kauai 11--Phyllostegia wawrana--b, Kauai 
10--Plantago princeps--a, Kauai 11--Platanthera holochila--a, Kauai 
10--Pteralyxia kauaiensis--b, Kauai 11--Remya montgomeryi--b, and Kauai 
11--Schiedea kauaiensis--a.
Kauai K
    This unit was proposed as critical habitat for 13 species: 
Adenophorus periens, Alsinidendron lychnoides, Bonamia menziesii, 
Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra 
limahuliensis, Hesperomannia lydgatei, Isodendrion longifolium, 
Labordia lydgatei, Myrsine linearifolia, Plantago princeps, and 
Schiedea membranacea.
    We excluded the proposed critical habitat for Alsinidendron 
lychnoides, and Schiedea membranacea, two Kauai endemic species, and 
for Bonamia menziesii, a multi-island species. These areas are not 
essential for the conservation of these three species because they are 
more degraded than other areas that have been designated to provide 
habitat for 8 to 10 populations throughout their historical ranges on 
Kauai (Alsinidendron lychnoides and Schiedea membranacea) or proposed 
on other islands (Bonamia menziesii.)
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of Adenophorus periens, Cyanea recta, 
Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra limahuliensis, 
Isodendrion longifolium, or Plantago princeps. There are other areas 
that have been identified to meet the recovery goals of 8 to 10 
populations of each species throughout their historical ranges on Kauai 
(Cyanea recta, Cyanea remyi, Cyrtandra cyaneoides, and Cyrtandra 
limahuliensis) and other islands (Adenophorus periens, Isodendrion 
longifolium and Plantago princeps).
    The area designated as critical habitat provides habitat for three 
populations of Cyanea recta, one population of Cyanea remyi, eight 
populations of Cyrtandra cyaneoides, two populations of Cyrtandra 
limahuliensis, four populations of Hesperomannia lydgatei, and one 
population each of Labordia lydgatei and Myrsine linearifolia within 
the historical ranges of these Kauai endemic species.
    The area designated as critical habitat provides habitat for one 
population each of Adenophorus periens, Isodendrion

[[Page 9182]]

longifolium, and Plantago princeps within the historical ranges for 
these multi-island species.
    These modifications resulted in the reduction from 1,752 ha (4,330 
ac) to 1,667 ha (4,119 ac). This unit was renamed Kauai 11--Adenophorus 
periens--c, Kauai 11--Cyanea recta--c, Kauai 11--Cyanea remyi--c, Kauai 
11--Cyrtandra cyaneoides--b, Kauai 11--Cyrtandra cyaneoides--c, Kauai 
11--Cyrtandra limahuliensis--d, Kauai 11--Hesperomannia lydgatei--b, 
Kauai 11--Isodendrion longifolium--d, Kauai 11--Labordia lydgatei--c, 
Kauai 11--Labordia lydgatei--d, Kauai 11--Myrsine linearifolia--f, and 
Kauai 11--Plantago princeps--c.
Kauai L
    This unit was proposed as critical habitat for 13 species: 
Adenophorus periens, Bonamia menziesii, Cyanea recta, Cyanea remyi, 
Cyrtandra cyaneoides, Cyrtandra limahuliensis, Hesperomannia lydgatei, 
Isodendrion longifolium, Labordia lydgatei, Lysimachia filifolia, 
Myrsine linearifolia, Plantago princeps and Platanthera holochila.
    We excluded the proposed critical habitat for the Kauai endemic 
species Hesperomannia lydgatei and for the multi-island species Bonamia 
menziesii, Lysimachia filifolia, and Platanthera holochila. These areas 
are not essential for the conservation of these four species because 
they are highly degraded and are unlikely to be restored by the State 
or private landowners (Buck 2002). There are other locations that have 
been identified to meet the recovery goals of 8 to 10 populations 
throughout their historical ranges on Kauai (Hesperomannia lydgatei) or 
on other islands (Bonamia menziesii, Lysimachia filifolia, and 
Platanthera holochila).
    Modifications were made to this unit to exclude highly degraded 
areas not essential to the conservation of Adenophorus periens, Cyanea 
recta, Cyanea remyi, Cyrtandra limahuliensis, Labordia lydgatei, 
Myrsine linearifolia, or Plantago princeps. In addition, it is unlikely 
that the State or private landowners will restore these areas (Buck 
2002). Other locations are being designated that will provide habitat 
for 8 to 10 populations of each species throughout their historical 
ranges on Kauai (Cyanea recta, Cyanea remyi, Cyrtandra limahuliensis, 
Labordia lydgatei, Myrsine linearifolia) and on other islands 
(Adenophorus periens and Plantago princeps).
    The area designated as critical habitat provides habitat for three 
populations of Cyanea recta, one population of Cyanea remyi, eight 
populations of Cyrtandra cyaneoides, six populations of Cyrtandra 
limahuliensis, one population of Labordia lydgatei, and one population 
each of Myrsine linearifolia and Pteralyxia kauaiensis within the 
historical ranges for these Kauai and Niihau endemic species.
    The area designated as critical habitat provides habitat for one 
population each of Adenophorus periens, Isodendrion longifolium, and 
Plantago princeps within the historical ranges for these multi-island 
species.
    These modifications resulted in the reduction from 3,407 ha (8,418 
ac) to 240 ha (592 ac). This unit was renamed Kauai 11--Adenophorus 
periens--c, Kauai 11--Cyanea recta--c, Kauai 11--Cyanea remyi--c, Kauai 
11--Cyrtandra cyaneoides--b, Kauai 11--Cyrtandra cyaneoides--c, Kauai 
10--Cyrtandra limahuliensis--c, Kauai 11--Cyrtandra limahuliensis--d, 
Kauai 11--Isodendrion longifolium--d, Kauai 11--Labordia lydgatei--d, 
Kauai 11--Myrsine linearifolia--f, Kauai 10--Plantago princeps--a, 
Kauai 11--Plantago princeps--c, and Kauai 10--Pteralyxia kauaiensis--b.
Kauai M
    This unit was proposed as critical habitat for nine species: 
Adenophorus periens, Bonamia menziesii, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyrtandra cyaneoides, Cyrtandra limahuliensis, 
Labordia lydgatei, and Phyllostegia wawrana.
    We excluded the proposed critical habitat for the multi-island 
species Bonamia menziesii. This area is not essential for the 
conservation of this species because it is highly degraded and is 
unlikely to be restored by the State or private landowners (Buck 2002). 
There are at least 10 other locations that have been designated or 
proposed for Bonamia menziesii throughout its historical range on Kauai 
and on other islands.
    Modifications were made to this unit to exclude highly degraded 
areas not essential to the conservation of Adenophorus periens, Cyanea 
asarifolia, Cyanea recta, Cyanea remyi, Cyrtandra limahuliensis, 
Labordia lydgatei, and Phyllostegia wawrana. In addition, it is 
unlikely that the State or private landowners will restore these areas 
(Buck 2002). There are other locations that have been designated to 
meet the recovery goals of 8 to 10 populations of each species 
throughout their historical ranges on Kauai (Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyrtandra limahuliensis, Labordia lydgatei, and 
Phyllostegia wawrana) and proposed on other islands (Adenophorus 
periens).
    The area designated as critical habitat provides habitat for two 
populations of Cyanea asarifolia, four populations of Cyanea recta, two 
populations of Cyanea remyi, two populations each of Cyrtandra 
cyaneoides and Cyrtandra limahuliensis, five populations of Hibiscus 
clayi, and two populations each of Labordia lydgatei and Phyllostegia 
wawrana within the historical ranges for these Kauai endemic species.
    The area designated as critical habitat for the multi-island 
species Adenophorus periens provides habitat within its historical 
range for one population.
    These modifications resulted in the reduction from 3,302 ha (8,160 
ac) to 1,040 ha (2,570 ac). This unit was renamed Kauai 4--Adenophorus 
periens--a, Kauai 4--Cyanea asarifolia--a, Kauai 4--Cyanea recta--a, 
Kauai 4--Cyanea recta--b, Kauai 4--Cyanea remyi--a, Kauai 4--Cyrtandra 
cyaneoides--a, Kauai 4--Cyrtandra limahuliensis--a, Kauai 4--Cyrtandra 
limahuliensis--b, Kauai 4--Hibiscus clayi--a, Kauai 4--Hibiscus clayi--
b, Kauai 4--Hibiscus clayi--c, Kauai 4--Hibiscus clayi--d, Kauai 4--
Hibiscus clayi--e, Kauai 4--Labordia lydgatei--a, and Kauai 4--
Phyllostegia wawrana--a.
Kauai N
    This unit was proposed as critical habitat for 23 species: 
Adenophorus periens, Bonamia menziesii, Cyanea asarifolia, Cyanea 
recta, Cyanea remyi, Cyanea undulata, Cyrtandra cyaneoides, Cyrtandra 
limahuliensis, Delissea rivularis, Dubautia pauciflorula, Exocarpos 
luteolus, Hesperomannia lydgatei, Isodendrion longifolium, Labordia 
lydgatei, Labordia tinifolia var. wahiawaensis, Lysimachia filifolia, 
Myrsine linearifolia, Phlegmariurus nutans, Phyllostegia wawrana, 
Plantago princeps, Platanthera holochila, Viola helenae, and Viola 
kauaiensis var. wahiawaensis.
    We excluded the proposed critical habitat for the Kauai endemic 
species Cyanea recta, Cyrtandra cyaneoides, Delissea rivularis, and 
Phyllostegia wawrana, and for the multi-island species Platanthera 
holochila. These areas are not essential to the conservation of these 
five species because they are highly degraded and are unlikely to be 
restored by the State or private landowners (Buck 2002). There are 
other locations that have been designated to meet the recovery goals of 
8 to 10 populations of each species throughout their historical ranges 
on Kauai (Cyanea recta, Cyrtandra

[[Page 9183]]

cyaneoides, Delissea rivularis, and Phyllostegia wawrana) or proposed 
on other islands (Platanthera holochila).
    Modifications were made to this unit to exclude highly degraded 
areas not essential to the conservation of Adenophorus periens, Bonamia 
menziesii, Cyanea remyi, Cyrtandra limahuliensis, Isodendrion 
longifolium, Labordia lydgatei, Lysimachia filifolia, and Plantago 
princeps. In addition, it is unlikely that the State or private 
landowners will restore these areas (Buck 2002). There are other 
locations that have been designated to meet the recovery goals of 8 to 
10 populations of each species throughout their historical ranges on 
Kauai (Cyanea remyi, Cyrtandra limahuliensis, and Labordia lydgatei) or 
proposed on other islands (Adenophorus periens, Bonamia menziesii, 
Isodendrion longifolium, Lysimachia filifolia, and Plantago princeps).
    The area designated as critical habitat provides for seven 
populations of Cyanea asarifolia; four populations of Cyanea remyi; six 
populations of Cyanea undulata; four populations each of Cyrtandra 
limahuliensis and Dubautia pauciflorula; one population of Exocarpos 
luteolus; four populations of Hesperomannia lydgatei; three populations 
of Labordia lydgatei; four populations of Labordia tinifolia var. 
wahiawaensis; one population each of Myrsine linearifolia and 
Pteralyxia kauaiensis; and five populations each of Viola helenae and 
Viola kauaiensis var. wahiawaensis within the historical ranges for 
these Kauai endemic species.
    The area designated as critical habitat provides for one population 
each of Adenophorus periens, Bonamia menziesii, and Isodendrion 
longifolium, four populations of Lysimachia filifolia, three 
populations of Phlegmariurus nutans, and one population of Plantago 
princeps within the historical ranges for these multi-island species.
    These modifications resulted in the reduction from 6,599 ha (16,307 
ac) to 3,274 ha (8,090 ac). This unit was renamed Kauai 10--Adenophorus 
periens--b, Kauai 10--Bonamia menziesii--a, Kauai 10--Cyanea 
asarifolia--b, Kauai 10--Cyanea remyi--b, Kauai 10--Cyanea undulata--a, 
Kauai 10--Cyrtandra limahuliensis--c, Kauai 10--Dubautia pauciflorula--
a, Kauai 10--Exocarpos luteolus--a, Kauai 10--Hesperomannia lydgatei--
a, Kauai 10--Isodendrion longifolium--b, Kauai 10--Labordia lydgatei--
b, Kauai 10--Labordia tinifolia var. wahiawaensis--a, Kauai 10--
Lysimachia filifolia--a, Kauai 10--Myrsine linearifolia--b, Kauai 10--
Phlegmariurus nutans--a, Kauai 10--Plantago princeps--a, Kauai 10--
Pteralyxia kauaiensis--b, Kauai 10--Viola helenae--a, and Kauai 10--
Viola kauaiensis--a.
Kauai O
    This unit was proposed as critical habitat for 51 species: 
Adenophorus periens, Alectryon macrococcus, Alsinidendron lychnoides, 
Alsinidendron viscosum, Bonamia menziesii, Chamaesyce halemanui, Cyanea 
recta, Delissea rivularis, Diellia erecta, Diellia pallida, Diplazium 
molokaiensis, Dubautia latifolia, Euphorbia haeleeleana, Exocarpos 
luteolus, Flueggea neowawraea, Gouania meyenii, Isodendrion 
laurifolium, Isodendrion longifolium, Kokia kauaiensis, Lipochaeta 
fauriei, Lipochaeta micrantha, Lobelia niihauensis, Mariscus 
pennatiformis, Melicope haupuensis, Melicope knudsenii, Melicope 
pallida, Munroidendron racemosum, Myrsine linearifolia, Nothocestrum 
peltatum, Peucedanum sandwicense, Phyllostegia knudsenii, Phyllostegia 
waimeae, Phyllostegia wawrana, Plantago princeps, Platanthera 
holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, Pteralyxia 
kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea helleri, 
Schiedea kauaiensis, Schiedea membranacea, Schiedea spergulina var. 
spergulina, Schiedea stellarioides, Solanum sandwicense, Spermolepis 
hawaiiensis, Stenogyne campanulata, Xylosma crenatum, and Zanthoxylum 
hawaiiense.
    We excluded the proposed critical habitat for the Kauai endemic 
species Cyanea recta and for the multi-island species Adenophorus 
periens, Diplazium molokaiensis, Isodendrion longifolium, Mariscus 
pennatiformis, Peucedanum sandwicense, and Plantago princeps. These 
areas are not essential for the conservation of these seven species 
because there are other locations that have been designated to meet the 
recovery goals of 8 to 10 populations of each species on Kauai (Cyanea 
recta) and proposed on other islands (Adenophorus periens, Diplazium 
molokaiensis, Isodendrion longifolium, Mariscus pennatiformis, 
Peucedanum sandwicense, and Plantago princeps) that either contain 
higher quality habitat or have a management mandate.
    Modifications were made to this unit to exclude degraded areas not 
essential to the conservation of Alectryon macrococcus, Alsinidendron 
lychnoides, Alsinidendron viscosum, Chamaesyce halemanui, Delissea 
rivularis, Diellia erecta, Diellia pallida, Dubautia latifolia, 
Euphorbia haeleeleana, Exocarpos luteolus, Flueggea neowawraea, Gouania 
meyenii, Isodendrion laurifolium, Kokia kauaiensis, Lipochaeta fauriei, 
Lipochaeta micrantha, Lobelia niihauensis, Melicope haupuensis, 
Melicope knudsenii, Melicope pallida, Munroidendron racemosum, Myrsine 
linearifolia, Nothocestrum peltatum, Phyllostegia knudsenii, 
Platanthera holochila, Poa mannii, Poa sandvicensis, Poa siphonoglossa, 
Pteralyxia kauaiensis, Remya kauaiensis, Remya montgomeryi, Schiedea 
helleri, Schiedea membranacea, Schiedea spergulina var. spergulina, 
Schiedea stellarioides, Solanum sandwicense, Spermolepis hawaiiensis, 
Xylosma crenatum, Zanthoxylum hawaiiense.
    The area designated as critical habitat provides for ten 
populations of Alsinidendron lychnoides, nine populations of 
Alsinidendron viscosum, two populations of Chamaesyce halemanui, three 
populations of Delissea rivularis, one population of Diellia pallida, 
seven populations of Dubautia latifolia, eight populations of Exocarpos 
luteolus, three populations of Kokia kauaiensis, two populations each 
of Lipochaeta fauriei, Lipochaeta micrantha, Melicope haupuensis, and 
Munroidendron racemosum, five populations of Myrsine linearifolia, nine 
populations of Nothocestrum peltatum, three populations of Phyllostegia 
waimeae, two populations of Phyllostegia wawrana, three populations of 
Poa mannii, six populations of Poa sandvicensis, ten populations of Poa 
siphonoglossa, two populations of Pteralyxia kauaiensis, four 
populations of Remya kauaiensis, six populations of Remya montgomeryi, 
seven populations of Schiedea helleri, two populations each of Schiedea 
kauaiense, Schiedea membranacea, and Schiedea spergulina var. 
spergulina, six populations of Schiedea stellarioides, three 
populations of Stenogyne campanulata, and five populations of Xylosma 
crenatum within the historical ranges for these Kauai endemic species.
    The area designated as critical habitat provides for one population 
each of Alectryon macrococcus, Bonamia menziesii, and Diellia erecta, 
two populations of Euphorbia haeleeleana, one population of Flueggea 
neowawraea, two populations each of Gouania meyenii, Isodendrion 
laurifolium, Lobelia niihauensis, and Melicope knudsenii, one 
population of Melicope pallida, four populations of Platanthera 
holochila, six populations of Solanum sandwicense, one population of 
Spermolepis hawaiiensis, and two populations of Zanthoxylum

[[Page 9184]]

hawaiiense within the historical range for these multi-island species.
    These modifications resulted in the reduction from 9,462 ha (23,382 
ac) to 5,933 ha (14,661 ac). This unit was renamed Kauai 11--Alectryon 
macroccus--a, Kauai 11--Alsinidendron lychnoides--a, Kauai 11--
Alsinidendron lychnoides--b, Kauai 11--Alsinidendron lychnoides--c, 
Kauai 11--Alsinidendron viscosum--a, Kauai 11--Alsinidendron viscosum--
b, Kauai 11--Alsinidendron viscosum--c, Kauai 11--Alsinidendron 
viscosum--d, Kauai 11--Bonamia menziesii--b, Kauai 11--Chamaesyce 
halemanui--a, Kauai 11--Chamaesyce halemanui--b, Kauai 11--Delissea 
rivularis--a, Kauai 11--Diellia erecta--a, Kauai 11--Diellia pallida--
b, Kauai 11--Dubautia latifolia--a, Kauai 11--Dubautia latifolia--b, 
Kauai 11--Dubautia latifolia--c, Kauai 11--Euphorbia haeleeleana--c, 
Kauai 11--Exocarpos luteolus--b, Kauai 11--Exocarpos luteolus--d, Kauai 
11--Exocarpos luteolus--e, Kauai 11--Flueggea neowawraea--c, Kauai 11--
Gouania meyenii--c, Kauai 11--Isodendrion laurifolium--b, Kauai 11--
Kokia kauaiensis--a, Kauai 11--Lipochaeta fauriei--a, Kauai 11--
Lipochaeta micrantha--b, Kauai 11--Lobelia niihauensis--a, Kauai 11--
Melicope haupuensis--c, Kauai 11--Melicope knudsenii--b, Kauai 11--
Melicope pallida--a, Kauai 11--Munroidendron racemosum--d, Kauai 11--
Myrsine linearifolia--c, Kauai 11--Myrsine linearifolia--e, Kauai 11--
Nothocestrum peltatum--a, Kauai 11--Nothocestrum peltatum--b, Kauai 
11--Nothocestrum peltatum--c, Kauai 12--Nothocestrum peltatum--d, Kauai 
11--Phyllostegia knudsenii--a, Kauai 11--Phyllostegia waimeae--a, Kauai 
11--Phyllostegia waimeae--b, Kauai 11--Phyllostegia wawrana--c, Kauai 
11--Platanthera holochila--a, Kauai 11--Poa mannii--b, Kauai 11--Poa 
sandvicensis--a, Kauai 11--Poa siphonoglossa--a, Kauai 11--Poa 
siphonoglossa--b, Kauai 11--Pteralyxia kauaiensis--f, Kauai 11--Remya 
kauaiensis--a, Kauai 11--Remya kauaiensis--d, Kauai 11--Remya 
kauaiensis--e, Kauai 12--Remya kauaiensis--f, Kauai 11--Remya 
montgomeryi--b, Kauai 11--Remya montgomeryi--c, Kauai 11--Schiedea 
helleri--a, Kauai 11--Schiedea helleri--b, Kauai 11--Schiedea helleri--
c, Kauai 11--Schiedea kauaiensis--b, Kauai 11--Schiedea membranacea--a, 
Kauai 11--Schiedea spergulina var. spergulina--b, Kauai 11--Schiedea 
stellarioides--a, Kauai 11--Schiedea stellarioides--b, Kauai 11--
Solanum sandwicense--a, Kauai 11--Solanum sandwicense--b, Kauai 11--
Spermolepis hawaiiensis--a, Kauai 11--Stenogyne campanulata--a, Kauai 
11--Xylosma crenatum--a, Kauai 12--Xylosma crenatum--b, and Kauai 11--
Zanthoxylum hawaiiense--a.
Niihau A
    This unit was proposed as critical habitat for two species, 
Brighamia insignis and Cyperus trachysanthos. We excluded the proposed 
critical habitat for the multi-island species Cyperus trachysanthos. 
This area is not essential for the conservation of Cyperus 
trachysanthos because it is more degraded than other areas and is not 
managed for the conservation of this species, and there are at least 10 
other locations that have been designated to meet the recovery goal of 
8 to 10 populations throughout its historical range on Kauai and 
proposed on other islands.
    The area designated as critical habitat for the Kauai and Niihau 
endemic species Brighamia insignis provides habitat within its 
historical range for one population.
    This modification resulted in the reduction from 282 ha (697 ac) to 
144 ha (357 ac). This unit was renamed Niihau 1--Brighamia insignis--a.

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,'' as defined by the Act, means the use of all methods 
and procedures that are necessary to bring an endangered or a 
threatened species to the point at which listing under the Act is no 
longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires conferences on 
Federal actions that are likely to result in the destruction or adverse 
modification of proposed critical habitat. In our regulations at 50 CFR 
402.02, we define destruction or adverse modification as ``* * * the 
direct or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. Such alterations include, but are not limited to, alterations 
adversely modifying any of those physical or biological features that 
were the basis for determining the habitat to be critical.'' The 
relationship between a species survival and its recovery has been a 
source of confusion to some in the past. We believe that a species' 
ability to recover depends on its ability to survive into the future 
when its recovery can be achieved; thus, the concepts of long-term 
survival and recovery are intricately linked. However, in the March 15, 
2001, decision of the United States Court of Appeals for the Fifth 
Circuit (Sierra Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 
434) regarding a not prudent finding the Court found our definition of 
destruction or adverse modification as currently contained in 50 CFR 
402.02 to be invalid. In response to this decision, we are reviewing 
the regulatory definition of adverse modification in relation to the 
conservation of the species.
    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 for a 
species, to the extent such habitat is determinable, at the time of 
listing. When we designate critical habitat at the time of listing or 
under short court-ordered deadlines, we may not have sufficient 
information to identify all the areas essential for the conservation of 
the species. Nevertheless, we are required to designate those areas we 
know to be critical habitat, using the best information available to 
us.
    Within the geographic areas occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have some of 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

[[Page 9185]]

included in the critical habitat designation.
    Our regulations State that ``The Secretary shall designate as 
critical habitat areas outside the geographical area presently occupied 
by a 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.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (59 FR 34271), 
provides criteria, establishes procedures, and provides guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. It requires our 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 recovery plans, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials.
    It is important to clearly 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 Act's 7(a)(2) jeopardy 
standard and section 9 prohibitions, 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. 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.

A. Prudency

    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 
species, we analyzed the potential threats and benefits for each 
species in accordance with the court's order. Two species, Acaena 
exigua, a multi-island species, and Melicope quadrangularis, a Kauai 
endemic species, are no longer extant in the wild. Acaena exigua was 
last seen in 2000 and no individuals were seen in a subsequent visit in 
2001 to the last known location (Oppenhiemer, pers. comm. 2002). 
Melicope quadrangularis was last observed in the Wahiawa drainage area 
in 1991. This species has not been seen in surveys of this area 
subsequent to Hurricane Iniki in 1992 (S. Perlman and K. Wood, pers. 
comm. 2000). In addition, neither species is known to be in storage or 
under propagation. Under these circumstances, designation of critical 
habitat for Acaena exigua and Melicope quadrangularis is not prudent 
because such designation would be of no benefit to these species. If 
either species is relocated we may revise this final determination to 
incorporate or address new information as new data becomes available 
(See 16 U.S.C. 1532 (5)(B); 50 CFR 424.13(f)).
    Due to low numbers of individuals and/or populations and their 
inherent immobility, the other 93 plants may be vulnerable to 
unrestricted collection, vandalism, or disturbance. We examined the 
evidence currently available for each of these taxa and found specific 
evidence of vandalism, disturbance, and/or the threat of unrestricted 
collection for three species of Pritchardia, the native palm, on Kauai 
and Niihau. At the time of listing we determined that designation of 
critical habitat was not prudent for Pritchardia napaliensis, P. 
aylmer-robinsonii, and P. viscosa because it would increase the degree 
of threat from vandalism or collecting, and would provide no benefits 
(60 FR 53070). At that time, we had information that at least one of 
the remaining adult plants has been damaged by spiked boots used either 
by a botanist or seed collector to scale these trees (61 FR 53070). 
Since publication of the listing rule, we learned of additional 
instances of vandalism, collection, and commercial trade involving 
these three species of Pritchardia. In 1993, the State's DOFAW planted 
39 young Pritchardia napaliensis plants within a fenced exclosure near 
the Wailua River. A short time after this, the fence was vandalized and 
all 39 plants were removed (A. Kyono, pers. comm. 2000; Craig Koga, 
DOFAW, in litt. 1999). In mid-1996, a young plant and seeds of 
Pritchardia viscosa were removed from the only known location of this 
species (A. Kyono, pers. comm. 2000; C. Koga, in litt. 1999). Recently 
we received information on the commercial trade in palms conducted 
through the internet (Grant Canterbury, USFWS, in litt. 2000). Several 
nurseries advertise and sell seedlings and young plants, including 13 
species of Hawaiian Pritchardia. Seven of these species are federally 
protected, including Pritchardia aylmer-robinsonii and P. napaliensis.
    In light of this information, we believe that designation of 
critical habitat would likely increase the threat to these three 
species of Pritchardia on Kauai and Niihau from vandalism or 
collection. These plants are easy to identify, and they are attractive 
to collectors of rare palms either for their personal use or to trade 
or sell for personal gain (Johnson 1996). The final listing rules for 
these three species contained only general information on their 
distribution, but the publication of precise maps and descriptions of 
critical habitat in the Federal Register would make these species more 
vulnerable to incidents of vandalism or collection, and, therefore, 
contribute to the decline of these species and make recovery more 
difficult (61 FR 53070).
    In addition, we believe that designation would not provide 
significant benefits that would outweigh these increased risks. First, 
Pritchardia napaliensis and P. viscosa do not occur on Federal land, 
and the State lands where they are found are zoned for conservation. 
Some of the plants are on lands set aside in perpetuity to conserve 
their natural flora and fauna, or as geological sites (State of Hawaii 
natural area reserves) (HRS 195-1). In addition, these species are 
found in areas that are remote and accessible only by four-wheel drive 
(Pritchardia viscosa only), foot, boat, or helicopter. It is, 
therefore, unlikely that the lands on which these

[[Page 9186]]

species are found will be developed. Since there do not appear to be 
any actions in the future that would involve a Federal agency, 
designation of critical habitat would not provide any additional 
protection to the species than they do not already have through listing 
alone. If, however, in the future any Federal involvement did occur, 
such as through the permitting process or funding by the U.S. 
Department of Agriculture, the U.S. Department of Interior, the Corps 
through section 404 of the Clean Water Act, the U.S. Federal Department 
of Housing and Urban Development or the Federal Highway Administration, 
the actions would be subject to consultation under section 7 of the 
Act.
    Pritchardia aylmer-robinsonii is only found on Niihau, which is 
presently zoned for agriculture. There are no hotels, resorts, or other 
commercial development on the island. Public access to the island is 
not generally authorized by the landowner. Most of the people living on 
this island (fewer than 300) are employed in ranching activities 
(Department of Geography 1998). While future activities on the island 
are unknown, it is unlikely that the land on which this species is 
found will be developed. Future projects that would require Federal 
permitting or funding such as those mentioned above are particularly 
unlikely on this privately owned island. Although access to the island 
has been and continues to be restricted, P. aylmer-robinsonii is 
endemic only to Niihau, so any commercial availability indicates that 
collection, either with or without the land owner's permission, has 
occurred in the past and may still be occurring.
    We acknowledge that critical habitat designation, in some 
situations, may provide some value to the species, for example, by 
identifying areas important for conservation and calling attention to 
those areas in need of special protection. However, for these three 
species, we believe that the benefits of designating critical habitat 
do not outweigh the potential increased threats from vandalism or 
collection. Given all of the above considerations, we determine that 
designation of critical habitat for Pritchardia aylmer-robinsonii, P. 
napaliensis, and P. viscosa is not prudent.
    On January 9, 2003, we found that critical habitat was prudent for 
the following 15 multi-island species: Adenophorus periens, Bonamia 
menziesii, Centaurium sebaeoides, Ctenitis squamigera, Cyperus 
trachysanthos, Diellia erecta, Diplazium molokaiense, Hibiscus 
brackenridgei, Isodendrion pyrifolium, Sesbania tomentosa, Silene 
lanceolata, Solanum incompletum, Spermolepis hawaiiensis, Vigna o-
wahuensis and Zanthoxylum hawaiiense (68 FR 1220), which also occur on 
Kauai or Niihau.
    Four species no longer occur on Kauai or Niihau but are reported 
from one or more other islands. To find whether critical habitat would 
be prudent for these four species we analyzed the potential threats and 
benefits for each species in accordance with the court's orders. These 
four plants were listed as endangered species under the Act between 
1991 and 1996. At the time each plant was listed, we determined that 
designation of critical habitat was not prudent because designation 
would increase the degree of threat to the species and/or would not 
benefit the plant. We examined the evidence available for these four 
species and have not, at this time, found specific evidence of taking, 
vandalism, collection, or trade of these species or of similar species. 
Consequently, while we remain concerned that these activities could 
potentially threaten Achyranthes mutica, Mariscus pennatiformis, 
Phlegmariurus manni, and Phlegmariurus nutans 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 these species are 
currently threatened by taking or other human activity, which 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 Achyranthes mutica, 
Mariscus pennatiformis, Phlegmariurus manni, and Phlegmariurus nutans 
there would be some benefits to critical habitat. The primary 
regulatory effect of critical habitat is the section 7 requirement that 
Federal agencies refrain from taking any action that destroys or 
adversely affects critical habitat. None of these four species are 
reported from Federal lands on Kauai (the entire island of Niihau is 
privately owned) where actions are subject to section 7 consultation. 
However, two of these species, Phlegmariurus manni, and Phlegmariurus 
nutans are reported from Federal lands or lands that are administered 
by a Federal agency on other islands (Phlegmariurus nutans is reported 
from the United States Army's Schofield Barracks Military Reservation 
and Kawailoa Training Area, and the Service's Oahu Forest National 
Wildlife Refuge on Oahu, and Phlegmariurus manni is reported from 
Haleakala National Park on Maui). Although Achyranthes mutica and 
Mariscus pennatiformis are located exclusively on non-Federal lands 
with limited Federal activities on Oahu and Maui, there could be 
Federal actions affecting these lands in the future. While a critical 
habitat designation for habitat currently occupied by Achyranthes 
mutica, Mariscus pennatiformis, Phlegmariurus manni, and Phlegmariurus 
nutans would not likely change the section 7 consultation outcome, 
since 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 landowner(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 find that critical 
habitat is prudent for these four species (Achyranthes mutica, Mariscus 
pennatiformis, Phlegmariurus manni, and Phlegmariurus nutans).
    We examined the evidence available for the other 71 taxa and have 
not, at this time, found specific evidence of taking, vandalism, 
collection or trade of these taxa or of similar species. Consequently, 
while we remain concerned that these activities could potentially 
threaten these 71 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 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