[Federal Register: September 3, 1999 (Volume 64, Number 171)]

[Rules and Regulations]               

[Page 48307-48324]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]





Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE22


Endangered and Threatened Wildlife and Plants; Final Endangered 

Status for 10 Plant Taxa From Maui Nui, HA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.


SUMMARY: Under the authority of the Endangered Species Act of 1973 

(Act), as amended, we (the U.S. Fish and Wildlife Service (Service)) 

determine endangered status for 10 plant taxa--Clermontia samuelii (oha 

wai), Cyanea copelandii ssp. haleakalaensis (haha), Cyanea glabra 

(haha), Cyanea hamatiflora ssp. hamatiflora (haha), Dubautia 

plantaginea ssp. humilis (na`ena`e), Hedyotis schlechtendahliana var. 

remyi (kopa), Kanaloa kahoolawensis (kohe malama malama o Kanaloa), 

Labordia tinifolia var. lanaiensis (kamakahala), Labordia triflora 

(kamakahala), and Melicope munroi (alani). All 10 taxa are endemic to 

the Maui Nui group of islands in the Hawaiian Islands. This group 

includes Maui, Molokai, Lanai, and Kahoolawe. Clermontia samuelii, 

Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 

hamatiflora ssp. hamatiflora, and Dubautia plantaginea ssp. humilis are 

endemic to the island of Maui. Hedyotis schlechtendahliana var. remyi 

and Labordia tinifolia var. lanaiensis are

[[Page 48308]]

endemic to the island of Lanai. Kanaloa kahoolawensis is endemic to the 

island of Kahoolawe, although pollen studies indicate it may have been 

a dominant species on Oahu until 800 years ago. Labordia triflora is 

endemic to Molokai, and Melicope munroi is found on Lanai but was also 

known historically from Molokai. The 10 plant taxa and their habitats 

have been variously affected or are currently threatened by one or more 

of the following--competition, predation or habitat degradation from 

alien species, natural disasters, and random environmental events 

(e.g., landslides, flooding, and hurricanes). This final rule 

implements the Federal protection provisions provided by the Act for 

these 10 plant taxa. Listing under the Act also triggers protection for 

these taxa under State Law.

EFFECTIVE DATE: This rule takes effect October 4, 1999.

ADDRESSES: The complete file for this rule is available for inspection, 

by appointment, during normal business hours at the U.S. Fish and 

Wildlife Service, Pacific Islands Ecoregion, Pacific Islands Fish and 

Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Box 50088, 

Honolulu, Hawaii 96850.


Supervisor--Endangered Species, Pacific Islands Ecoregion at the above 

address (telephone 808/541-3441; facsimile 808/541-3470).



    Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea 

glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. 

humilis, Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, 

Labordia tinifolia var. lanaiensis, Labordia triflora, and Melicope 

munroi are, or were, known from four Hawaiian Islands--Molokai, Lanai, 

Maui, and Kahoolawe. The current and historical distribution by island 

for each of the 10 taxa is presented in Table 1.

                            Table 1. Summary of Island Distribution of the 10 Species


                                                              Island within Maui Nui

             Species             -------------------------------------------------------------------------------

                                         Maui               Molokai              Lanai             Kahoolawe


Clermontia samuelii.............  Current...........

Cyanea copelandii ssp.            Current...........


Cyanea glabra...................  Current...........

Cyanea hamatiflora ssp.           Current...........


Dubautia plantaginea ssp.         Current...........


Hedyotis schlechtendahliana ssp.  ..................  ..................  Current...........


Kanaloa kahoolawensis...........  ..................  ..................  ..................  Current.*

Labordia tinifolia var.           ..................  ..................  Current...........


Labordia triflora...............  ..................  Current...........

Melicope munroi.................  ..................  Historical........  Current ..........



Current--population last observed within the past 20 years.

Historical--population not seen for more than 20 years.

* Kanaloa kahoolawensis was most likely a dominant species in the lowland areas of Oahu, and possibly Maui, up

  until 800 years ago, according to pollen records.

    The Hawaiian archipelago includes eight large volcanic islands 

(Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii), as 

well as offshore islets, shoals, and atolls set on submerged volcanic 

remnants at the northwest end of the chain. The archipelago covers a 

land area of about 16,600 square kilometers (sq km) (6,400 sq miles (sq 

mi)), extending roughly between latitude 18 deg.50' to 28 deg.15' N and 

longitude 154 deg.40' to 178 deg.70' W, and ranging in elevation from 

sea level to 4,200 meters (m) (13,800 feet (ft)) (Department of 

Geography 1983). The four main central islands of Maui, Molokai, Lanai, 

and Kahoolawe are part of a large volcanic mass of six major volcanoes 

that during times of lower sea level were united as a single island, 

which was named Maui Nui and covered about 5,200 sq km (2,000 sq mi).

    The climate of the Hawaiian Islands reflects the tropical setting 

buffered by the surrounding ocean (Department of Geography 1983). The 

prevailing winds are northeast trades with some seasonal fluctuation in 

strength. There are also winter storm systems and occasional 

hurricanes. Temperatures vary over the year an average of 5 deg. 

Celsius (C) (11 deg. Fahrenheit (F)) or less, with daily variation 

usually exceeding seasonal variation in temperature. Temperature varies 

with elevation and ranges from a maximum recorded temperature of 37.7 

deg.C (99.9  deg.F), measured at 265 m (870 ft) elevation, to a minimum 

of -12.7  deg.C (9.1  deg.F) recorded at 4,205 m (13,795 ft) elevation. 

Annual rainfall varies greatly by location, with marked windward to 

leeward gradients over short distances. Minimum average annual rainfall 

is less than 250 millimeters (mm) (10 inches (in.)); the maximum 

average precipitation is greater than 11,000 mm (450 in.) per year. 

Precipitation is greatest during the months of October through April. A 

dry season is apparent in leeward settings, while windward settings 

generally receive tradewind-driven rainfall throughout the year 

(Department of Geography 1983).

    The native-dominated vegetation of the Hawaiian Islands varies 

greatly according to elevation, moisture regime, and substrate. The 

most recent classification of Hawaiian natural communities recognizes 

nearly 100 native vegetation types. Within these types are numerous 

island-specific or region-specific associations, comprising an 

extremely rich array of vegetation types within a very limited 

geographic area. Major vegetation formations include forests, 

woodlands, shrublands, grasslands, herblands, and pioneer associations 

on lava and cinder substrates (Gagne and Cuddihy 1990).

    In Hawaii, lowland, montane, and subalpine forest types extend from 

sea level to above 3,000 m (9,800 ft) in elevation. Coastal and lowland 

forests are generally dry or mesic and may be open or closed-canopied. 

The stature of lowland forests is generally under 10 m (30 ft). Three 

of the taxa in this final rule (Cyanea copelandii ssp. haleakalaensis, 

Labordia tinifolia var. lanaiensis, and Labordia triflora) have been 

reported from lowland mesic forest habitat. Montane wet forests, 

occupying elevations between 915 and 1,830 m

[[Page 48309]]

(3,000 and 6,000 ft), occur on the windward slopes and summits of the 

islands of Kauai, Oahu, Molokai, Maui, and Hawaii. The forests may be 

open- to closed-canopied, and may exceed 20 m (65 ft) in stature. 

Several species of native trees and tree ferns usually dominate montane 

wet forests. Four of the taxa in this final rule (Clermontia samuelii, 

Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, and Cyanea 

hamatiflora ssp. hamatiflora) have been reported from montane wet 

forest habitat.

    Hawaiian shrublands are also found from coastal to alpine 

elevations. The majority of Hawaiian shrubland types are in dry and 

mesic settings, or on cliffs and slopes too steep to support trees. One 

taxon in this final rule, Kanaloa kahoolawensis, has been reported from 

coastal dry shrubland on Kahoolawe. Two taxa in this final rule, 

Dubautia plantaginea ssp. humilis and Melicope munroi, have been 

reported from lowland wet shrublands, and Hedyotis schlechtendahliana 

var. remyi has been reported from lowland mesic shrublands.

    The land that supports these 10 plant taxa is owned by various 

private parties, the State of Hawaii (including forest reserves and 

natural area reserves), and the Federal government (Department of the 

Interior, National Park Service (NPS)).

Discussion of the 10 Plant Taxa

Clermontia samuelii C. Forbes

    Clermontia samuelii, was first described by C.N. Forbes from a 

collection he made in 1919 (Degener and Degener 1958, Forbes 1920). 

Harold St. John described C. hanaensis in 1939, based on a specimen 

collected by C.N. Forbes in 1920 (Degener and Degener 1960, St. John 

1939). Later, St. John formally described C. gracilis, C. 

kipahuluensis, and C. rosacea (St. John 1987a). In the most recent 

treatment of this endemic Hawaiian genus, Lammers considers all four 

species to be synonymous with C. samuelii, and divides the species into 

two subspecies--ssp. hanaensis (including the synonyms C. hanaensis and 

C. kipahuluensis) and ssp. samuelii (including C. gracilis and C. 

rosacea) (Lammers 1988, 1990).

    Clermontia samuelii, a member of the bellflower family 

(Campanulaceae), is a terrestrial shrub 1.2 to 5 m (4 to 16 ft) tall. 

The leaves are elliptical, sometimes broader at the tip, with blades 5 

to 10 centimeters (cm) (2 to 4 in.) long and 1.8 to 4.5 cm (0.7 to 1.8 

in.) wide. The upper surfaces of the leaves are dark green, often 

tinged purplish, and may be sparsely hairy. The lower surfaces of the 

leaves are pale green, and sparsely to densely hairy. The leaf margins 

are thickened, with shallow, ascending, rounded teeth. The tips and 

bases of the leaves are typically sharply pointed. The inflorescences 

(flowering clusters) bear two to five flowers on a main stem that is 4 

to 18 mm (0.2 to 0.7 in.) long. The stalk of each individual flower is 

12 to 28 mm (0.5 to 1.1 in.) long. The hypanthium (cup-like structure 

at the base of the flower) is widest on the top, 8 to 14 mm (0.3 to 0.6 

in.) long, and 5 to 10 mm (0.2 to 0.4 in.) wide. The sepals and petals 

are similar in color (rose or greenish white to white), curved, and 

tubular. The flowers are 36 to 55 mm (1.4 to 2.2 in.) long and 5 to 10 

mm (0.2 to 0.4 in.) wide. The lobes of the sepals and petals are erect, 

and extend 0.2 to 0.5 times beyond the tube. Berries of this species 

have not yet been observed. C. samuelii ssp. hanaensis is 

differentiated from C. samuelii ssp. samuelii by the greenish white to 

white flowers; longer, narrower leaves with the broadest point near the 

base of the leaves; and fewer hairs on the lower surface of the leaves. 

The species is separated from other members of this endemic Hawaiian 

genus by the size of the flowers and the hypanthium (Lammers 1990).

    Historically, Clermontia samuelii has been reported from eight 

locations on Haleakala, East Maui, from Keanae Valley on the windward 

(northeastern) side to Manawainui on the more leeward (southeastern) 

side of Haleakala (Hawaii Heritage Program (HHP) 1991a1 to 1991a4, 

1991b1 to 1991b4; Medeiros and Loope 1989). Currently, Clermontia 

samuelii ssp. hanaensis is known from several populations limited to 

the northeastern side of Haleakala, totaling fewer than 300 

individuals. The populations occur on State owned land, within a 

Natural Area Reserve and a Forest Reserve (FR) (Arthur C. Medeiros, 

Biological Resources Division, U.S. Geological Survey (BRD), pers. 

comm. 1995). Clermontia samuelii ssp. samuelii is known from 5 to 10 

populations totaling 50 to 100 individuals. Most of the populations 

occur on the back walls of Kipahulu Valley, within Haleakala National 

Park, with two or three of the populations on adjacent State owned land 

(Robert Hobdy, Hawaii Division of Forestry and Wildlife (DOFAW) and 

A.C. Medeiros, pers. comms. 1995). Clermontia samuelii ssp. hanaensis 

is found at, or below, 915 m (3,000 ft) elevation (A.C. Medeiros, pers. 

comm. 1995), while Clermontia samuelii ssp. samuelii is typically found 

between 1,800 to 2,100 m (6,000 to 6,900 ft) elevation (HHP 1991b1, 

1991b2, 1991b4). Both taxa are found in montane wet forest dominated by 

Metrosideros polymorpha ('ohi'a) with an understory of Cibotium sp. 

(hapu u') and various native shrubs. Associated plant taxa include 

Dubautia sp. (na'ena'e), Clermontia sp. ('oha wai), Hedyotis sp. 

(pilo), Vaccinium sp. (ohelo), Carex alligata, Melicope sp. (alani), 

and Cheirodendron trigynum ('olapa) (HHP 1991a1, 1991a2, 1991b4).

    Threats to Clermontia samuelii ssp. hanaensis include habitat 

degradation and/or destruction by feral pigs (Sus scrofa) and 

competition with alien plant taxa such as Tibouchina herbacea 

(glorybush) and two species of Hedychium (ginger) (A.C. Medeiros, pers. 

comm. 1995; Fredrick R. Warshauer, BRD, pers. comm. 1995). In addition, 

two extremely invasive alien plant taxa, Miconia calvescens (velvet 

tree) and Clidemia hirta (Koster's curse), are found in nearby areas 

and may invade this habitat if not controlled (A.C. Medeiros, pers. 

comm. 1995). The habitat of Clermontia samuelii ssp. samuelii was 

extensively damaged by pigs in the past, and pigs are still a major 

threat to the populations on State owned lands. The populations of 

Clermontia samuelii ssp. samuelii within the park have been fenced and 

pigs have been eradicated. Due to the large populations of pigs in 

adjacent areas, the park populations must constantly be monitored to 

prevent further ingress (R. Hobdy and A.C. Medeiros, pers. comms. 

1995). Rats (mainly the black rat (Rattus rattus)) and slugs (mainly 

Milax gagetes) are known to eat leaves, stems, and fruits of other 

members of this genus, and therefore are a potential threat to both 

subspecies (Loyal Mehrhoff, Service, in litt. 1995).

Cyanea copelandii Rock ssp. haleakalaensis (St. John) Lammers

    Cyanea haleakalaensis was first described in 1971 by St. John, from 

a collection made by G.Y. Kikudome in 1951 (St. John 1971). In 1987, 

St. John (St. John 1987b) merged the two genera Cyanea and Delissea, 

formally recognizing only Delissea, the genus with priority. This 

resulted in the combination D. haleakalaensis. Lammers retains both 

genera in the currently accepted treatment of the Hawaiian members of 

the family, and in 1988 he recognized C. haleakalaensis as a subspecies 

of C. copelandii, publishing the new combination C. copelandii ssp. 

haleakalaensis (Lammers 1988, 1990). Cyanea copelandii ssp. copelandii 

was previously listed as an endangered species (59 FR 10305).

[[Page 48310]]

    Cyanea copelandii ssp. haleakalaensis, a member of the bellflower 

family, is a vine-like shrub 0.3 to 2 m (1 to 7 ft) tall, with 

sprawling stems. The sap of this species is a tan latex. Stems are 

unbranched or sparingly branched from the base. The leaves are 

elliptical, 10 to 19 cm (4 to 7 in.) long, and 3.5 to 8.5 cm (1.4 to 

3.3 in.) wide. The upper surfaces of the leaves have no hairs, while 

the lower surfaces are hairy. The margins of the leaves are thickened, 

with small, widely spaced, sharp teeth. The leaf stalks are 2.5 to 10 

cm (1 to 4 in.) long. The inflorescences are 5 to 12-flowered and 

hairy. The main inflorescence stalks are 20 to 45 mm (0.8 to 1.8 in.) 

long. The hypanthium is oval and widest at the top, 6 to 10 mm (0.2 to 

0.4 in.) long, about 5 mm (0.2 in.) wide, and hairy. The corolla 

(petals collectively) is yellowish but appears pale rose in color due 

to a covering of dark red hairs. The corolla is 37 to 42 mm (1.4 to 1.6 

in.) long and about 5 mm (0.2 in.) wide. The corolla tube is gently 

curved and the lobes spread about 0.25 times beyond the tube. The 

berries are dark orange, oval, and 7 to 15 mm (0.3 to 0.6 in.) long. 

This subspecies is differentiated from the other subspecies by the 

elliptical leaves, which are also shorter. This species differs from 

others in this endemic Hawaiian genus by the vine-like stems and the 

yellowish flowers that appear red due to the covering of hairs (Lammers 


    Cyanea copelandii ssp. haleakalaensis was historically reported 

from six locations on the windward (northeastern) side of Haleakala, 

East Maui, from Waikamoi to Kipahulu Valley (Chock and Kikudome (299) 

1950; Forbes (1680.M) 1919, (1708.M) 1919, (2616.M) 1920, (2675.M) 

1920; Hobdy (887) 1980; Kikudome (454) 1951; Lamoureux and DeWreede 

(3917) 1967; Rock (25660b) 1954; St. John (24732) 1950; Warshauer and 

Kepler (FRW 2698) 1980; Warshauer and McEldowney (FRW 2769) 1980; 

Wagner et al. (5912) 1988). Currently, this taxon is known from two 

populations--one population of about 200 individuals in Kipahulu Valley 

within Haleakala National Park, and one population of 35 individuals on 

lower Waikamoi flume, which is privately owned. Typical habitat is 

stream banks and wet scree slopes in montane wet or mesic forest 

dominated by Acacia koa (koa) and/or Metrosideros polymorpha (Hobdy 

(887) 1980; Medeiros and Loope 1989; National Tropical Botanical Garden 

(NTBG) 1994; Wagner et al. (5912) 1988; R. Hobdy and A.C. Medeiros, 

pers. comms. 1995). Cyanea copelandii ssp. haleakalaensis is found at 

elevations between 730 and 1,340 m (2,400 and 4,400 ft) (Hobdy (887) 

1980; Wagner et al. (5912) 1988; Warshauer and Kepler (FRW 2698) 1980; 

Warshauer and McEldowney (FRW 2769) 1980; A.C. Medeiros, pers. comm. 

1995). Associated species include Perrottetia sandwicensis (olomea), 

Psychotria hawaiiensis (kopiko ula), Broussaisia arguta (kanawao), and 

Hedyotis acuminata (au) (Wagner et al. (5912) 1988).

    The major threats to Cyanea copelandii ssp. haleakalaensis are 

habitat degradation and/or destruction by feral pigs and competition 

with several alien plant taxa (Higashino et al. 1988; Hobdy (887) 1980; 

NTBG 1994; R. Hobdy, A.C. Medeiros, and F.R. Warshauer, pers. comms. 

1995). Rats (mainly the black rat) and slugs (mainly Milax gagetes) are 

known to eat leaves, stems, and fruits of other members of this genus, 

and therefore are a potential threat to this species (L. Mehrhoff, in 

litt. 1995). In addition, C. copelandii ssp. haleakalaensis is 

threatened by random environmental events since it is known from only 

two populations.

Cyanea glabra (F. Wimmer) St. John

    Cyanea glabra was first collected on West Maui by Willam Hillebrand 

who named it Cyanea holophylla var. obovata (Hillebrand 1888). In 1943, 

F.E. Wimmer named it C. knudsenii var. glabra, based on a specimen 

collected by Forbes on East Maui (Wimmer 1943). In 1981, St. John 

elevated C. knudsenii var. glabra to full species status as C. glabra 

(St. John 1981). Lammers, in the most recent treatment of the Hawaiian 

members of the family, upheld the species name, and included C. 

holophylla var. obovata as well as the following synonyms in C. glabra, 

including C. scabra var. variabilis, Delissea glabra, D. holophylla 

var. obovata, and D. scabra var. variabilis (Lammers 1990, Rock 1919).

    Cyanea glabra, a member of the bellflower family, is a branched 

shrub. The leaves of juvenile plants are deeply pinnately lobed, while 

those of the adult plants are more or less entire and elliptical. Adult 

leaves are 23 to 36 cm (9 to 14 in.) long and 7 to 12 cm (3 to 5 in.) 

wide. The upper surfaces of the leaves are green and hairless, while 

the lower surfaces are pale green and hairless to sparsely hairy. The 

margins of the adult leaves are thickened and shallowly toothed to 

irregularly lobed. Six to eight flowers are borne in each 

inflorescence. The main inflorescence stalk is 20 to 55 mm (0.8 to 2.2 

in.) long, while the individual flower stalk is 12 to 25 mm (0.5 to 1.0 

in.) long. The hypanthium is widest at the top, 7 to 10 mm (0.3 to 0.4 

in.) long, and about 5 mm (0.2 in.) wide. The corolla is white, often 

with a pale lilac tinge, 50 to 60 mm (2 to 2.4 in.) long, and about 8 

mm (0.3 in.) wide. The tube of the corolla is curved. The lobes are 

spreading, 0.25 to 0.33 times as long as the tube, and are covered by 

small, sharp projections. The berries are yellowish orange, elliptical, 

and 10 to 15 mm (0.4 to 0.6 in.) long. The calyx (sepals collectively) 

persist on the berry. This species is differentiated from others in 

this endemic Hawaiian genus by the size of the flower and the pinnately 

lobed juvenile leaves (Lammers 1990).

    Cyanea glabra has been reported historically from two locations on 

West Maui (Hillebrand 1888; Steve Perlman, NTBG, pers. comm. 1992) and 

five locations on Haleakala, East Maui (HHP 1991c1 to 1991c5). This 

species is currently known from only two populations--one population of 

12 individuals in Kauaula Gulch on West Maui on privately owned land 

(S. Perlman, pers. comm. 1995), and one scattered population of 

approximately 200 individuals in Kipahulu Valley, within Haleakala 

National Park (A.C. Medeiros, pers. comm. 1995). Typical habitat is wet 

forest dominated by Acacia koa and/or Metrosideros polymorpha, at 

elevations between 975 to 1,340 m (3,200 to 4,400 ft) (A.C. Medeiros, 

pers. comm. 1995).

    The primary threat to Cyanea glabra is slugs (A.C. Medeiros, pers. 

comm. 1995). Additional threats are habitat degradation and/or 

destruction by feral pigs, flooding, and competition with several alien 

plant taxa (R. Hobdy and A.C. Medeiros, pers. comms. 1995). Rats are a 

potential threat to C. glabra, since they are known to eat plant parts 

of other members of the bellflower family (L. Mehrhoff, in litt. 1995; 

A.C. Medeiros, pers. comm. 1995). Leaf damage in the form of stippling 

and yellowing by the two spotted leafhopper (Saphonia rufofascia) has 

been observed on other native species within the area of C. glabra on 

West Maui and is a potential threat to this species (Kenneth Wood, 

NTBG, pers. comm. 1995). Random environmental events are a threat to 

this species, with only two populations remaining.

Cyanea hamatiflora Rock ssp. hamatiflora

    Cyanea hamatiflora was first collected by Joseph Rock in 1910 and 

described in 1913 (Rock 1913). In 1987, St. John (St. John 1987b) 

merged the two genera Cyanea and Delissea, formally recognizing only 

Delissea, the genus with priority. This resulted in the

[[Page 48311]]

combination D. hamatiflora. In 1988, Lammers upheld Cyanea as a 

separate genus and combined C. carlsonii with this species, resulting 

in two subspecies: The federally endangered C. hamatiflora ssp. 

carlsonii (59 FR 10305) and the nominative C. hamatiflora ssp. 

hamatiflora (Lammers 1988, 1990).

    Cyanea hamatiflora ssp. hamatiflora, a member of the bellflower 

family, is a palm-like tree 3 to 8 m (10 to 26 ft) tall. The latex is 

tan in color. The leaves are elliptical with the broadest point at the 

tip, or they may be narrowly oblong. The leaf blades are 50 to 80 cm 

(20 to 30 in.) long, 8 to 14 cm (3 to 5.5 in.) wide, and have no stem. 

The upper surface of the leaf is sparsely hairy to hairless and the 

lower surface is hairy at least along the midrib and veins. The leaf 

margins are minutely round-toothed. The inflorescence is 5 to 10 

flowered with main stalks 15 to 30 mm (0.6 to 1.2 in.) long. The stalks 

of individuals flowers are 5 to 12 mm (0.2 to 0.5 in.) long. The 

hypanthium is widest at the top, 12 to 30 mm (0.5 to 1.2 in.) long, and 

6 to 12 mm (0.2 to 0.5 in.) wide. The corolla is magenta in color, 60 

to 80 mm (2 to 3 in.) long, 6 to 11 mm (0.2 to 0.4 in.) wide, and 

hairless. The tube of the corolla is slightly curved, with lobes 0.25 

to 0.5 times as long as the tube. The corolla lobes all curve downward, 

making the flower appear one-lipped. The anthers (pollen-bearing 

structures) are hairless except for the lower two, which have apical 

tufts of white hairs. The fruit is a purplish red berry 30 to 45 mm 

(1.2 to 1.8 in.) long and 20 to 27 mm (0.8 to 1.1 in.) wide. The berry 

is crowned by persistent calyx lobes. This subspecies is differentiated 

from the previously listed subspecies (C. hamatiflora ssp. carlsonii) 

by its longer calyx lobes and shorter individual flower stalks. This 

species is separated from others in this endemic Hawaiian genus by 

fewer flowers per inflorescence and narrower leaves (Lammers 1990).

    Cyanea hamatiflora ssp. hamatiflora was historically known from 

eight locations on the windward (northeastern) side of Haleakala, on 

Maui, stretching from Puu o Kakae to Manawainui (Degener (7977) 1927; 

Forbes (1294.M) 1919, (1654.M) 1919, (2607.M) 1920; Higashino and 

Haratani (10037) 1983; Higashino and Holt (9398) 1980; Higashino and 

Mizuro (2850) 1976; Hobdy (2630) 1986; Rock (8514) 1918; St. John 

(24730) 1951; Skottsberg (870) 1920; Warshauer and McEldowney (FRW 

2614) 1980; Warshauer and McEldowney (FRW 2876) 1980). Currently, this 

taxon is known from two locations. Five or 6 populations totaling 50 to 

100 individuals in Kipahulu Valley occur within Haleakala National Park 

(A.C. Medeiros, pers. comm. 1995), and 5 or 6 populations totalling 20 

to 25 widely scattered individuals occur in the Waikamoi-Koolau Gap 

area on privately owned land (NTBG 1995; R. Hobdy, pers. comm. 1995). 

Typical habitat for this taxon is montane wet forest dominated by 

Metrosideros polymorpha, with a Cibotium sp. and/or native shrub 

understory, from 975 to 1,500 m (3,200 to 4,920 ft) elevation (NTBG 

1995; Warshauer and McEldowney (FRW 2614) 1980; Warshauer and 

McEldowney (FRW 2876) 1980). Associated native plant taxa include 

Dicranopteris linearis (uluhe), Cheirodendron trigynum, Broussaisia 

arguta, Cyanea solenocalyx (haha), Cyanea kunthiana (haha), Vaccinium 

sp. (`ohelo), Melicope sp., and Myrsine sp. (kolea) (Higashino and 

Mizuro (2850) 1976; NTBG 1995).

    The major threats to Cyanea hamatiflora ssp. hamatiflora are 

habitat degradation and/or destruction by feral pigs, landslides, and 

competition with the alien plant Ageratina adenophora (Maui pamakani) 

(NTBG 1995; R. Hobdy and A.C. Medeiros, pers. comms. 1995). Pig damage 

in the form of peeled bark has been observed on individuals of C. 

hamatiflora ssp. hamatiflora (A.C. Medeiros, pers. comm. 1995). Rats 

and slugs are potential threats, since other Hawaiian members of this 

family are known to be eaten by rats and slugs (L. Mehrhoff, in litt. 

1995). All populations of this taxon are in areas where rats and slugs 

have been observed (A.C. Medeiros, pers. comm. 1995).

Dubautia plantaginea Gaud. ssp. humilis G. Carr

    Dubautia plantaginea ssp. humilis was first described in 1985, from 

specimens collected by Gerald Carr, Robert Robichaux, and Rene Sylva in 

Black Gorge on West Maui (Carr 1985, 1990).

    Dubautia plantaginea ssp. humilis, a member of the aster family 

(Asteraceae), is a dwarfed shrub less than 80 cm (30 in.) tall. The 

stems are hairless or occasionally strigullose (having straight hairs 

pressed against the stem). The leaves are opposite, narrow, 8 to 15 cm 

(3 to 6 in.) long, and 0.7 to 4.5 cm (0.3 to 1.8 in.) wide. The leaves 

usually have five to nine nerves, and are hairless or moderately 

strigullose. The leaf margins are toothed from the apex to near the 

middle. Between 20 to 90 flowering heads are found in each 

inflorescence, which is about 20 cm (8 in.) long and 28 cm (11 in.) 

wide. Eight to 20 florets (small flower that is part of a dense 

cluster) are found in each head, borne on a flat receptacle. The bracts 

on the receptacle are about 5 mm (0.2 in.) long, sharply toothed, and 

fused together. The corolla is yellow, and may purple with age. The 

fruit is an achene (a dry, one-celled, indehiscent fruit) 2.5 to 4 mm 

(0.08 to 0.2 in.) long. The taxon is self-incompatible, meaning flowers 

must be pollinated by pollen from a different plant. This subspecies 

differs from the other two subspecies (D. plantaginea ssp. magnifolia 

and D. plantaginea ssp. plantaginea) by having fewer heads per 

inflorescence but more florets per head. The species differs from other 

Hawaiian members of the genus by the number of nerves in the leaves and 

by the close resemblance of the leaves to the genus Plantago (Carr 

1985, 1990).

    Dubautia plantaginea ssp. humilis has only been reported from two 

locations in Iao Valley, on West Maui. Both populations are on 

privately owned land, and the two populations total fewer than 300 

individuals. Typical habitat is wet, barren, wind-blown cliffs, between 

350 to 400 m (1,150 to 1,300 ft) elevation. Associated native plant 

taxa include Metrosideros polymorpha, Pipturus albidus (mamaki), 

Eragrostis variabilis (kawelu), Carex sp., Hedyotis formosa, Lysimachia 

remyi, Bidens sp. (kookoolau), Pritchardia sp. (loulu), and the 

federally endangered Plantago princeps (ale) (Hawaii Plant Conservation 

Center (HPCC) 1990; HHP 1991d1, 1991d2; R. Hobdy, pers. comm. 1995).

    Threats to Dubautia plantaginea ssp. humilis include landslides and 

several alien plant taxa (HPCC 1990; HHP 1991d1; R. Hobdy, pers. comm. 

1995). Random environmental events are also a threat, with only two 

known populations less than a half mile apart within the same valley.

Hedyotis schlechtendahliana Steud. var. remyi (Hillebr.) Fosb.

    Hillebrand described a new species, Kadua remyi, based on 

collections on Lanai and East Maui by Reverend John Lydgate (Hillebrand 

1888). F. Raymond Fosberg combined the genus Kadua with Hedyotis in 

1943, and combined K. remyi with Hedyotis schlechtendahliana. Fosberg 

considered the Lanai plants different enough from the Maui plants to 

create a separate variety, H. schlechtendahliana var. remyi. This 

variety has been upheld in the most recent revision of the Hawaiian 

members of this genus (Wagner et al. 1990).

    Hedyotis schlechtendahliana var. remyi, a member of the coffee 

family (Rubiaceae), is a few branched subshrub from 60 to 600 cm (24 to 

240 in.) long, with weakly erect or climbing stems that may be somewhat 

square, smooth, and

[[Page 48312]]

glaucous (with a fine waxy coating that imparts a whitish or bluish hue 

to the stem). The leaves are opposite, glossy, thin or somewhat 

thickened, egg-shaped or with a heart-shaped base and a very pointed 

tip, and 3 to 6 cm (1.2 to 2.4 in.) long. The margins of the leaves 

curl under. The veins of the leaves are impressed on the upper surface 

with hairs along the veins and raised on the lower surface. The lower 

surface of the leaves are usually glaucous, like the stems. The leaf 

stalks are up to 1 cm (0.4 in.) long, slightly fused to the stem, and 

bear stipules (appendages on the base of the leaf stalks). The 

inflorescence stalks are 2 to 15 mm (0.1 to 0.6 in.) long, square, 

usually glaucous, and borne at the ends of the stems. The flowers have 

either functional male and female parts or only functional female 

parts. Leaf-like bracts are found at the base of each flower. The 

hypanthium is top-shaped and 1.5 to 2.2 mm (0.06 to 0.09 in.) wide. The 

calyx lobes are usually leaf-like and oblong to broadly egg-shaped, 2 

to 8 mm (0.08 to 0.3 in.) long, and 1.5 to 2.5 mm (0.08 to 0.09 in.) 

wide, enlarging somewhat in fruit. The corolla is cream-colored, 

fleshy, usually glaucous, trumpet-shaped, with a tube 6 to 17 mm (0.2 

to 0.7 in.) long and lobes 1.5 to 10 mm (0.06 to 0.4 in.) long when the 

anthers are ripe. The stamens reach only to 1 to 3 mm (0.04 to 0.1 in.) 

below the sinuses of the corolla lobes. The styles are woolly on the 

lower portions, and two to four lobed. The fruits are top-shaped to 

sub-globose capsules 2 to 4 mm (0.1 to 0.2 in.) long and 3 to 7 mm (0.1 

to 0.3 in.) in diameter. The fruits break open along the walls of the 

cells within the fruit. Seeds are dark brown, irregularly wedge-shaped 

and angled, and darkly granular. This variety is distinguished from the 

other variety by the leaf shape, narrow flowering stalks, and flower 

color. It is distinguished from others in the genus by the distance 

between leaves and the length of the sprawling or climbing stems 

(Wagner et al. 1990).

    Historically, Hedyotis schlechtendahliana var. remyi was known from 

five locations on the northwestern portion of Lanaihale on the island 

of Lanai (Degener et al. (24193) 1957; Forbes (33.L) 1913, (315.L) 

1917); Fosberg (12463) 1939; HHP 1991e1 to 1991e3; Hillebrand 1888; 

Hillebrand and Lydgate (s.n.) n.d.; Munro (s.n.) 1913, (s.n.) 1914, 

(257, 335) 1928, (506) 1930; Nagata and Ganders (2524) 1982; Rock 

(8116) 1910; St. John and Eames (18738) 1938; Wagner et al. 1990). 

Currently, this species is known from six individuals in three 

populations on Kaiholeha-Hulupoe ridge, Kapohaku drainage, and Waiapaa 

drainage on Lanaihale (HHP 1991e1 to 1991e3; R. Hobdy, pers. comm. 

1995). Hedyotis schlechtendahliana var. remyi typically grows in mesic 

windswept shrubland with a mixture of dominant plant taxa that may 

include Metrosideros polymorpha, Dicranopteris linearis, and/or 

Styphelia tameiameiae (pukiawe) at elevations between 730 and 900 m 

(2,400 to 3,000 ft). Associated plant taxa include Dodonaea viscosa 

(aaliI), Sadleria sp. (amau), Dubautia sp. (naenae), Myrsine sp., and 

several others (HHP 1991e1 to 1991e3; Lau (2866) 1986; Nagata and 

Ganders (2524) 1982).

    The primary threats to Hedyotis schlechtendahliana var. remyi are 

habitat degradation and/or destruction by axis deer (Axis axis); 

competition with alien plant taxa such as Psidium cattleianum, Myrica 

faya (firetree), Leptospermum scoparium (New Zealand tea), and Schinus 

terebinthifolius (Christmas berry); and random environmental events 

and/or reduced reproductive vigor due to the small number of remaining 

individuals and populations (HHP 1994e1 to 1991e3; Joel Lau, The Nature 

Conservancy of Hawaii, pers. comm. 1995).

Kanaloa kahoolawensis Lorence and K.R. Wood

    Kanaloa kahoolawensis was previously unknown to science until its 

discovery by Steve Perlman and Ken Wood in 1992 on a steep rocky spire 

on the coast of Kahoolawe. David Lorence and Wood have determined that 

this plant represents a new genus, and have named the species Kanaloa 

kahoolawensis (Lorence and Wood 1994).

    Kanaloa kahoolawensis, a member of the legume family (Fabaceae), is 

a densely branched shrub 0.75 to 1 m (2.5 to 3.5 ft) tall. The branches 

are sprawling and 0.75 to 1.5 m (2.5 to 5 ft) long. New growth is 

densely covered with brown and white hairs. The twigs are brown, ribbed 

or angled, and become whitish gray with corky fissures. The leaves are 

clustered near twig tips and have two persistent stipules. The leaf 

stalk is 6 to 24 mm (0.2 to 0.9 in.) long. The leaves are divided into 

three pairs of leaflets, with a leaf nectary (nectar-bearing gland) at 

the joint between each pair of leaflets. The leaflet pairs are 22 to 55 

mm (0.8 to 2 in.) long. The main stalk of the leaf terminates in a 

short, brown appendage. The leaflets are egg-shaped, unequal-sided, 1.4 

to 4.2 cm (0.6 to 1.7 in.) long, and 0.9 to 3.2 cm (0.4 to 1.3 in.) 

wide. One to three inflorescences are found in the leaf axils (joint 

between leaf and stem), developing with the flush of new leaves. The 

main stalk of the inflorescence is 8 to 30 mm (0.3 to 1.2 in.) long. 

The inflorescence is a globose head 6 to 8 mm (0.3 to 0.3 in.) in 

diameter, with small bracts 1 to 1.5 mm (0.04 to 0.06 in.) long at the 

base. Each inflorescence has 20 to 54 white flowers. The calyx of the 

male flowers has limbs that are wider at the tip; densely covered with 

long, white hairs; and have lobes that overlap when the flower is in 

bud. The corolla lobes also overlap when the flower is in bud, and the 

petals are 1.5 to 1.8 mm (0.06 to 0.07 in.) long. The petals are hairy 

on the outside at the tip, and are not fused at the base. Ten stamens 

are found in the male flowers, fused at the base. Male flowers have 

only vestigial female parts. Female flowers have not been observed. The 

fruit is borne on a stalk about 5 mm (0.2 in.) long. Up to four fruit 

develop in each flowering head. The fruit is egg-shaped to subcircular, 

compressed, hairy at the base, and open along two sides. One slender, 

brown seed, about 2 mm (0.08 in.) long, is found in each fruit. There 

is no other species of legume in Hawaii that bears any resemblance to 

this species or genus (Lorence and Wood 1994).

    The only known location of Kanaloa kahoolawensis is a rocky stack 

on the southern coast of the island of Kahoolawe, which is owned by the 

State of Hawaii (Lorence and Wood 1994). While there are no previous 

records of the plant, pollen core studies on the island of Oahu 

revealed a legume pollen that could not be identified until this 

species was discovered. The pollen cores indicate that K. kahoolawensis 

was a codominant with Dodonaea viscosa and Pritchardia sp. from before 

1210 B.C. to 1565 A.D., at which point K. kahoolawensis disappeared 

from the pollen record and D. viscosa and Pritchardia sp. declined 

dramatically (Athens et al. 1992, Athens and Ward 1993, Lorence and 

Wood 1994). Only two living individuals and 10 to 12 dead individuals 

are known (D. Lorence, NTBG, pers. comm. 1995). The only known habitat 

is mixed coastal shrubland on steep rocky talus slopes at 45 to 60 m 

(150 to 200 ft) elevation. Associated native plant taxa include Sida 

fallax (ilima), Senna gaudichaudii (kolomona), Bidens mauiensis 

(kookoolau), Lipochaeta lavarum (nehe), Portulaca molokinensis (ihi), 

and Capparis sandwichiana (pua pilo). In addition, the area is also a 

nesting site for Bulwer's petrel (Bulweria bulwerii) and wedge-tailed 

shearwater (Puffinus pacificus) (Lorence and Wood 1994).

[[Page 48313]]

    The major threats to Kanaloa kahoolawensis are landslides and the 

alien plant taxa Emelia fosbergii, Chloris barbata (swollen finger 

grass), and Nicotiana glauca (tobacco tree) (Lorence and Wood 1994). 

Goats (Capra hircus) played a major role in the destruction of 

vegetation on Kahoolawe before they were removed (Cuddihy and Stone 

1990), and K. kahoolawensis probably survived only because the rocky 

stack is almost completely separated from the island and inaccessible 

to goats (Lorence and Wood 1994). Rats are a potential threat to this 

species, since it has seeds similar in appearance and presentation to 

the federally endangered Caesalpinia kavaiensis, which is eaten by 

rats. Rats may have been the cause of the decline of this species 800 

years ago (L. Mehrhoff, in litt. 1995). Random environmental events 

and/or reduced reproductive vigor are also a threat to this species, 

because only two individuals are known.

Labordia tinifolia A. Gray var. lanaiensis Sherff

    Hillebrand determined, but did not name, a new variety of Labordia 

tinifolia based on specimens he collected on the islands of Kauai, West 

Maui, Lanai, and Hawaii. E.E. Sherff named the variety L. tinifolia 

var. lanaiensis in 1938 (Sherff 1938). In the revision of the Hawaiian 

members of this family, Wagner et al. (1990), retained the 

nomenclature, but included only those plants from Lanai and Mapulehu on 

Molokai (previously considered L. triflora) as L. tinifolia var. 

lanaiensis. This endemic Hawaiian genus has been revised, and only the 

Lanai populations are included in L. tinifolia var. lanaiensis, while 

L. triflora has been resurrected for the Molokai population (see 

discussion of the next taxon, below) (Motley 1995).

    Labordia tinifolia var. lanaiensis, a member of the logan family 

(Loganiaceae), is an erect shrub or small tree 1.2 to 15 m (4 to 49 ft) 

tall. The stems branch regularly into two forks of nearly equal size. 

The leaves are medium to dark green, oval to narrowly oval, 3.8 to 21 

cm (1.5 to 8.3 in.) long, and 1.4 to 7.3 cm (0.6 to 2.9 in.) wide. The 

leaf stalks are 2.2 to 4 cm (0.9 to 1.6 in.) long. The stipules are 

fused together, forming a sheath around the stem that is 1 to 4 mm 

(0.04 to 0.2 in.) long. Three to 19 flowers are found in each 

inflorescence, and the entire inflorescence is pendulous and has a 

stalk 9 to 22 mm (0.4 to 0.8 in.) long. The flowers are borne on stalks 

8 to 11 mm (0.3 to 0.4 in.) long. The corolla is pale yellowish green 

or greenish yellow, narrowly urn-shaped, and 6.5 to 19 mm (0.2 to 0.7 

in.) long. The fruit is broadly oval, 8 to 17 mm (0.3 to 0.7 in.) long, 

2 to 3 valved, and has a beak 0.5 to 1.5 mm (0.02 to 0.06 in.) long. 

The seeds are brown and about 1.8 mm (0.06 in.) long. This subspecies 

differs from the other two subspecies and other species in this endemic 

Hawaiian genus by having larger capsules and smaller corollas (Motley 

1995; Wagner et al. 1990).

    Labordia tinifolia var. lanaiensis was historically known from the 

entire length of the summit ridge of Lanaihale, on the island of Lanai 

(HHP 1991f1 to 1991f12; Motley 1995; Sherff 1938). Currently, L. 

tinifolia var. lanaiensis is known from only one population at the 

southeastern end of the summit ridge of Lanaihale. This population is 

on privately owned land and totals 300 to 1,000 scattered individuals. 

The typical habitat of L. tinifolia var. lanaiensis is lowland mesic 

forest, associated with such native species as Dicranopteris linearis 

and Scaevola chamissoniana (naupaka kuahiwi), at elevations between 760 

and 915 m (2,500 and 3,000 ft) (HHP 1991f3; Motley 1995; R. Hobdy and 

J. Lau, pers. comms. 1995).

    Labordia tinifolia var. lanaiensis is threatened by axis deer and 

several alien plant taxa (R. Hobdy, pers. comm. 1994; J. Lau, pers. 

comm. 1995). The single population is also threatened by random 

environmental factors.

Labordia triflora Hillebr.

    Hillebrand named Labordia triflora based on a specimen he collected 

on Molokai in the early 1800s (Hillebrand 1888). Wagner et al. 

considered this species to be synonymous with L. tinifolia var. 

lanaiensis (Wagner et al. 1990). Timothy Motley of the University of 

Hawaii (UH) recently revised this endemic Hawaiian genus, and has 

resurrected L. triflora as a valid species (Motley 1995).

    Labordia triflora, a member of the logan family, is very similar to 

L. tinifolia var. lanaiensis, described above, except in the following 

characteristics. Stems of L. triflora are climbing. The leaf stalks are 

only 1 to 3 mm (0.04 to 0.1 in.) long. The inflorescence stalks are 40 

to 50 mm (1.6 to 2 in.) long. Each flower stalk is 10 to 25 mm (0.4 to 

1 in.) long (Motley 1995).

    Until 1990, Labordia triflora was known only from the type 

collection at Mapulehu, on the island of Molokai. This collection was 

made by Hillebrand in 1870 (Motley 1995). In 1990, Joel Lau of The 

Nature Conservancy of Hawaii, rediscovered the species in Kua Gulch on 

Molokai (Motley 1995; J. Lau, pers. comm. 1995). Only 10 individuals 

are known, all occurring on privately owned land (J. Lau, pers. comm. 

1995). Of these individuals, only two are male plants (Timothy Motley, 

University of Hawaii, pers. comm. 1993). This species occurs in mixed 

lowland mesic forest, at an elevation of 800 m (2,600 ft). Associated 

species include Pouteria sandwicensis (alaa), the federally endangered 

Cyanea mannii (haha), and Tetraplasandra sp. (ohe) (Motley 1995).

    The threats to Labordia triflora include habitat degradation and/or 

destruction by pigs and goats, rats that eat seeds, and competition 

with the alien plant species Schinus terebinthifolius (Motley 1995; T. 

Motley, pers. comm. 1993). Random environmental events and reduced 

reproductive vigor also threaten this species, as only 10 individuals 

remain in one population.

Melicope munroi (St. John) B. Stone

    In 1944, St. John described Pelea munroi, based on a collection by 

George C. Munro in 1915 (St. John 1944). The genus Pelea has since been 

submerged with Melicope, creating the combination M. munroi (Hartley 

and Stone 1989).

    Melicope munroi, a member of the citrus family (Rutaceae), is a 

sprawling shrub up to 3 m (10 ft) tall. The new growth of this species 

is minutely hairy. The leaves are opposite, broadly elliptical, 6 to 11 

cm (2.4 to 4.3 in.) long, and 3.5 to 7.5 cm (1.4 to 3.0 in.) wide. The 

veins of the leaf are parallel, in 8 to 12 pairs, and are connected by 

arched veins near the margin of the leaf. The margins of the leaves are 

sometimes rolled under. The leaf stalks are 4 to 12 mm (0.2 to 0.5 in.) 

long. The inflorescence is found in the axil of the leaf and contains 

one to three flowers. The inflorescence stalk is 10 to 15 mm (0.4 to 

0.5 in.) long, and the individual flower stalk is 15 to 35 mm (0.6 to 

1.4 in.) long. Male flowers have not been reported. Female flowers have 

ovoid sepals about 2.5 mm (0.1 in.) long and deltate petals about 8 mm 

(0.3 in.) long. The fruit is about 18 mm (0.7 in.) wide, and the 4 

carpels (egg-bearing structures) are fused about one-third of their 

length. This species differs from other Hawaiian members of the genus 

in the shape of the leaf and the length of the inflorescence stalk 

(Stone et al. 1990).

    Historically known from the Lanaihale summit ridge of Lanai and 

above Kamalo on Molokai, Melicope munroi is currently known from only 

the Lanaihale summit ridge (HHP 1991g1 to 1991g10). The one widely 

scattered population totals an estimated 300 to 500 individuals (J. 

Lau, pers. comm. 1995). Melicope munroi is typically found in lowland 

mat fern shrubland, at elevations of 790 to 1020 m (2,600 to 3,350 ft). 

Associated native

[[Page 48314]]

plant taxa include Diplopterygium pinnatum, Dicranopteris linearis, 

Metrosideros polymorpha, Cheirodendron trigynum, Coprosma sp. (pilo), 

Broussaisia arguta, Melicope sp., and Machaerina angustifolia ('uki) 

(HHP 1991g3 to 1991g10).

    The major threats to Melicope munroi are axis deer and the alien 

plant taxa Leptospermum scoparium and Psidium cattleianum (HHP 1991g3 

to 1991g10; J. Lau, pers. comm. 1995). Random environmental events also 

threaten the one remaining population.

Previous Federal Action

    Federal action on some of these plants began as a result of section 

12 of the Act (16 U.S.C. 1533), which directed the Secretary of the 

Smithsonian Institution to prepare a report on plants considered to be 

endangered or threatened in the United States. This report, designated 

as House Document No. 94-51, was presented to Congress on January 9, 

1975. One of the 10 taxa, Cyanea glabra (as C. scabra var. variabilis), 

was considered to be endangered in that document. One taxon, Labordia 

tinifolia var. lanaiensis, was considered to be threatened and two 

taxa, L. triflora and Melicope munroi (as Pelea munroi), were 

considered to be extinct. On July 1, 1975, we published a notice in the 

Federal Register (40 FR 27823) of our acceptance of the Smithsonian 

report as a petition within the context of section 4(c)(2) (now section 

4(b)(3)) of the Act, and giving notice of our intent 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 species. Two of the 10 taxa, 

Labordia triflora and Melicope munroi, were proposed for endangered 

status in this document. The list of 1,700 plant taxa was assembled on 

the basis of comments and data received by the Smithsonian Institution 

and us in response to House Document No. 94-51 and the July 1, 1975, 

Federal Register publication.

    General comments received in response to the 1976 proposal are 

summarized in an April 26, 1978, Federal Register publication (43 FR 

17909). In 1978, amendments to the Act required that all proposals over 

two years old be withdrawn. A one-year grace period was given to 

proposals already over two years old. On December 10, 1979, we 

published a notice in the Federal Register (44 FR 70796) withdrawing 

the portion of the June 16, 1976, proposal that had not been made 

final, including the proposals to list Labordia triflora and Melicope 

munroi, along with four other proposals that had expired. We published 

an updated notice of 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). Six of the species in this 

final rule (including synonymous taxa) were at one time or another 

considered category 1 or category 2 candidates for Federal listing. 

Category 1 species were those for which we had on file substantial 

information on biological vulnerability and threats to support 

preparation of listing proposals but for which listing proposals had 

not yet been published because they were precluded by other listing 

activities. Certain species were considered Category 1 but if 

designated by an asterisk (*), were considered possibly extinct. 

Category 2 species were those for which listing as endangered or 

threatened was possibly appropriate, but for which sufficient data on 

biological vulnerability and threats were not currently available to 

support proposed rules. Two taxa, Labordia tinifolia var. lanaiensis 

and L. triflora, were considered category 2 species in the 1980 and 

1985 notices of review. Melicope munroi (as Pelea munroi) was 

considered a category 1* in the 1980 and 1985 notices.

    In the 1990 and 1993 notices, Dubautia plantaginea ssp. humilis, 

Hedyotis schlechtendahliana var. remyi, and Melicope munroi were 

considered category 2 species. Labordia tinifolia var. lanaiensis was 

considered more abundant than previously thought and moved to category 

3C in the 1990 notice. Category 3C species were those that had proven 

to be more abundant or widespread than previously believed and/or were 

not subject to any identifiable threat. Labordia triflora was 

considered a synonym of L. tinifolia var. lanaiensis in the 1990 

notice. As published in the Federal Register (61 FR 7596) on February 

28, 1996, we discontinued the designation of categories for candidate 


    Since the last notice, new information suggests that the numbers 

and distribution are sufficiently restricted and the taxa are 

imminently threatened for the previously designated category 1, 

category 2, and category 3C candidate species mentioned above, as well 

as six additional taxa (Clermontia samuelii, Cyanea copelandii ssp. 

haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, the 

newly discovered Kanaloa kahoolawensis, and the resurrected Labordia 

triflora), to warrant listing. A proposed rule was published on May 15, 

1997, (62 FR 26757) to list these 10 plant taxa as endangered and the 

September 19, 1997 (62 FR 49398), notice of review listed these species 

as proposed for endangered status.

    We now determine 10 taxa from Maui Nui, Hawaii, to be endangered 

with the publication of this final rule.

Summary of Comments and Recommendations

    In the May 15, 1997, proposed rule and associated notifications, we 

requested all interested parties to submit factual reports or 

information that might contribute to the development of a final rule. 

The public comment period ended on July 14, 1997. Appropriate Federal 

and State agencies, county governments, scientific organizations, and 

other interested parties were contacted and requested to comment. A 

newspaper notice inviting public comment was published in the ``Maui 

News'' on May 29, 1997. No comments were received.

    In accordance with our peer review policy (59 FR 34270; July 1, 

1994), we also solicited the expert opinions of three appropriate and 

independent specialists regarding pertinent scientific or commercial 

data and assumptions relating to the taxonomy, population models, and 

supportive biological and ecological information substantive to the 

listing determination for these 10 taxa. The independent specialists 

did not respond to our request.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all available 

information, we have determined that Clermontia samuelii, Cyanea 

copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea hamatiflora ssp. 

hamatiflora, Dubautia plantaginea ssp. humilis, Hedyotis 

schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia 

triflora, Melicope munroi, and Labordia tinifolia var. lanaiensis 

should be classified as endangered species. We followed the procedures 

found at section 4(a)(1) of the Act and regulations implementing the 

listing provisions of the Act (50 CFR part 424). A species may be 

determined to be an endangered or threatened species due to one or more 

of the five factors described in section 4(a)(1). These factors and 

their application to Clermontia samuelii ('oha wai), Cyanea copelandii 

ssp. haleakalaensis (haha), Cyanea glabra (haha), Cyanea hamatiflora 

ssp. hamatiflora (haha), Dubautia plantaginea ssp. humilis (na'na'e), 

Hedyotis schlechtendahliana var. remyi (kopa), Kanaloa kahoolawensis 


[[Page 48315]]

malama malama o Kanaloa), Labordia tinifolia var. lanaiensis 

(kamakahala), Labordia triflora (kamakahala), and Melicope munroi 

(alani) follow. The primary threats facing the 10 taxa in this final 

rule are summarized in Table 2.

                                                          Table 2.--Summary of Primary Threats


                                                            Alien mammals

                   Species                    ----------------------------------------    Alien    Invertebrates   Substrate  Overcollecting    Limited

                                                 Pigs      Goats     Deer      Rats      plants                      loss        vandalism     numbers*


Clermontia samuelii..........................        X   ........  ........        P           X             P    ..........            P

Cyanea copelandii ssp. haleakalaensis........        X   ........  ........        P           P             P    ..........            P             X

Cyanea glabra................................        X   ........  ........        P           X             X            X             P             X

Cyanea hamatiflora ssp. hamatiflora..........        X   ........  ........        P           X             P            X             P

Dubautia plantaginea ssp. humilis............  ........  ........  ........  ........          X   .............          X             P             X

Hedyotis schlechtendahliana var. remyi.......  ........  ........        X   ........          X   .............  ..........            P            X1

Kanaloa kahoolawensis........................  ........  ........  ........        P           X   .............          X             P            X1

Labordia tinifolia var. lanaiensis...........  ........  ........        X   ........          X   .............  ..........            P             X

Labordia triflora............................        X         X   ........        X           X   .............  ..........            P            X1

Melicope munroi..............................  ........  ........        X   ........          X   .............  ..........            P            X


X = Immediate and significant threat.

P = Potential threat.

* = No more than 5 populations; 1= No more than 10 individuals total.

A. The Present or Threatened Destruction, Modification, or Curtailment 

of Its Habitat or Range

    Native vegetation on all of the main Hawaiian Islands has undergone 

extreme alteration because of past and present land management 

practices including ranching, agricultural development, and deliberate 

introductions of alien animals and plants (Cuddihy and Stone 1990, 

Wagner et al. 1985). The primary threats facing the 10 plant taxa 

included in this final rule are ongoing and threatened destruction and 

adverse modification of habitat by feral animals and competition with 

alien plants (see Factor E for discussion about alien plants).

    Eight of the 10 taxa in this rule are variously threatened by feral 

animals (see Table 2). Animals such as pigs, goats, axis deer, and 

cattle were introduced either by the early Hawaiians or more recently 

by European settlers for food and/or commercial ranching activities. 

Over the 200 years following their introduction, their numbers 

increased and the adverse impacts of feral ungulates on native 

vegetation have become increasingly apparent. Beyond the direct effect 

of trampling and grazing native plants, feral ungulates have 

contributed significantly to the heavy erosion still taking place on 

most of the main Hawaiian islands (Cuddihy and Stone 1990).

    Pigs, originally native to Europe, Africa, and Asia, were 

introduced to Hawaii by the Polynesian ancestors of Hawaiians, and 

later by western immigrants. The pigs escaped domestication and invaded 

primarily wet and mesic forests of Kauai, Oahu, Molokai, Maui, and 

Hawaii. Pigs pose an immediate threat to one or more populations of 

five of the taxa in wet and mesic habitats. While foraging, pigs root 

and trample the forest floor, encouraging the establishment of alien 

plants in the newly disturbed soil. Pigs also disseminate alien plant 

seeds through their feces and on their bodies, accelerating the spread 

of alien plants through native forests (Cuddihy and Stone 1990, Stone 

1985). Pigs facilitate the spread of Psidium cattleianum (strawberry 

guava) and Schinus terebinthifolius (Christmas berry), which threaten 

several of the taxa (Cuddihy and Stone 1990, Smith 1985, Stone 1985). 

On Maui, pigs threaten both subspecies of Clermontia samuelii, Cyanea 

copelandii ssp. haleakalaensis, the only known populations of Cyanea 

glabra and Cyanea hamatiflora ssp. hamatiflora, and the only known 

population of Labordia triflora (NTBG 1994; A.C. Medeiros, R. Hobdy, 

and J. Lau, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995).

    Goats, native to the Middle East and India, were first successfully 

introduced to the Hawaiian Islands in 1792. Feral goats now occupy a 

wide variety of habitats from lowland dry forests to montane grasslands 

on Kauai, Oahu, Molokai, Maui, and Hawaii, where they consume native 

vegetation, trample roots and seedlings, accelerate erosion, and 

promote the invasion of alien plants (Scott et al. 1986, Stone 1985, 

van Riper and van Riper 1982). On Molokai, goats threaten the only 

known population of Labordia triflora (T. Motley, pers. comm. 1993).

    In 1920, a group of 12 axis deer was introduced to the island of 

Lanai and about 60 years later the population was estimated at 2,800 

(Tomich 1986). Axis deer degrade habitat by trampling and overgrazing 

vegetation, which removes ground cover and exposes the soil to erosion. 

Extensive red erosional scars caused by decades of deer activity are 

evident on Lanai (Cuddihy and Stone 1990). Activity of axis deer 

threatens all populations of Hedyotis schlechtendahliana var. remyi, 

Labordia tinifolia var. lanaiensis, and Melicope munroi on Lanai (HHP 

1991g8 to 1991g10; J. Lau, pers. comm. 1995).

B. Overutilization for Commercial, Recreational, Scientific, or 

Educational Purposes

    Unrestricted collecting for scientific or horticultural purposes or 

excessive visits by individuals interested in seeing rare plants is a 

potential threat to any species identified as an imperiled. This is the 

case with all of the taxa in this final rule, but would seriously 

impact the eight taxa whose low numbers and/or few populations make 

them especially vulnerable to disturbances (Cyanea copelandii ssp. 

haleakalaensis, Cyanea glabra, Dubautia plantaginea ssp. humilis, 

Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia 

tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi).

C. Disease and Predation

    Disease is not known to be a significant threat to any of the taxa. 

None of the 10 taxa are known to be unpalatable to pigs, deer, or 

goats. Feral pigs not only destroy native vegetation through their 

rooting activities and dispersal of alien plant seeds (see Factor A), 

but they also feed on plants, preferring the pithy interior of large 

tree ferns and fleshy-stemmed plants from the bellflower family (Stone 

1985, Stone and Loope 1987). There is direct evidence of pigs eating 

bark off individuals of Cyanea hamatiflora ssp.

[[Page 48316]]

hamatiflora (A.C. Medeiros, pers. comm. 1995), and predation is a 

possible threat to other members of the bellflower family (Clermontia 

samuelii, Cyanea copelandii ssp. haleakalaensis, and Cyanea glabra). 

Predation is also a possible threat to the one other taxon, Labordia 

triflora, known from areas where pigs have been reported (A.C. Medeiros 

and R. Hobdy, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995).

    Two rat species, the black rat and the Polynesian rat (Rattus 

exulans), and to a lesser extent other introduced rodents, eat large 

fleshy fruits and strip the bark of some native plants, particularly 

fruits of the native plants in the bellflower family (Cuddihy and Stone 

1990, Tomich 1986, Wagner et al. 1985). It is possible that rats eat 

the fruits of Clermontia samuelii, Cyanea copelandii ssp. 

haleakalaensis, Cyanea glabra, and Cyanea hamatiflora ssp. hamatiflora, 

which produce fleshy fruits and stems, and grow in areas where rats 

occur (A.C. Medeiros, pers. comm. 1995; L. Mehrhoff, in litt. 1995). 

Rats also eat the seeds of Labordia triflora (T. Motley, pers. comm. 

1993). Rats are a potential threat to Kanaloa kahoolawensis, which has 

seeds of a type preferred by rats (L. Mehrhoff, in litt. 1995).

    Slugs are widespread in Hawaii and a serious threat to many native 

plant taxa, in addition to possibly being an attractant to pigs 

(Howarth 1985). Slugs feed preferentially on plants with fleshy leaves, 

stems, and fruits, including all taxa in the family Campanulaceae in 

Hawaii (L. Mehrhoff, in litt. 1995). Slugs are the primary threat to 

Cyanea glabra. All recent observations of this species have shown slug 

damage on both juveniles and adults (A.C. Medeiros, pers. comm. 1995). 

Slugs are also a potential threat to the following taxa with fleshy 

tissues, including Clermontia samuelii, Cyanea copelandii ssp. 

haleakalaensis, and Cyanea hamatiflora ssp. hamatiflora (A.C. Medeiros, 

pers. comm. 1995; L. Mehrhoff, in litt. 1995).

    Two spotted leafhopper is a recently introduced insect that feeds 

on leaves, causing physical damage. In addition to mechanical feeding 

damage, this insect may be a vector of a plant virus and is suspected 

of causing severe dieback of the native fern Dicranopteris linearis 

(uluhe), and economic damage to crops and ornamental plants in Hawaii. 

The two spotted leafhopper is a potential threat to all native taxa, 

since it has shown no host preference. It is a particularly grave 

threat to Cyanea glabra, since biologists have observed leafhoppers 

near the West Maui population (Adam Asquith, Service, pers. comm. 1994; 

K. Wood, pers. comm. 1995).

D. The Inadequacy of Existing Regulatory Mechanisms

    Of the 10 taxa in this final rule, 8 have populations located on 

private land, 2 on State land, and 4 on Federal land within Haleakala 

National Park. While four of the taxa occur in more than one of those 

three ownership categories, five are known only from private land, and 

Kanaloa kahoolawensis is found only on State land.

    While four of these taxa are found in Haleakala National Park, 

which is managed to protect native ecosystems, one or more populations 

of each taxa are found on State or private land as well. One of the 

taxa, Clermontia samuelii, also occurs in a State Natural Area Reserve, 

which is managed to perpetuate native resources (HRS, sect. 195-5). 

Furthermore, although Hawaii has a strong State Endangered Species law 

(HRS, sect. 195-D), these plants are currently not protected under that 

law. The other three taxa are found on private lands. However, there 

are no State laws or existing regulatory mechanisms at the present time 

to protect or prevent further decline of these plants on private land, 

except for minimal protection offered to those that occur on land 

classified as a conservation district.

    Sections 2(c) (1) and 7 of the Act direct Federal agencies to seek 

to conserve listed endangered and threatened species and to avoid 

jeopardizing listed species, but require no such activities if the 

plants are not federally listed.

    The majority of the populations of the 10 taxa are located on land 

classified within conservation districts and owned by the State of 

Hawaii or private companies or individuals. Clermontia samuelii occurs 

within Haleakala National Park, and on State Forest Reserve or State 

Natural Area Reserve lands--both are within conservation districts. 

Kanaloa kahoolawensis occurs only on the island of Kahoolawe, which is 

owned by the State of Hawaii. In 1993, Kahoolawe was transferred to 

native Hawaiian control. The Kahoolawe Island Reserve Commission 

(KIRC), which is under the Hawaii Department of Land and Natural 

Resources' Historic Preservation section, was established to oversee 

the cleanup of the island, including the removal of unexploded military 

ordnance and the restoration of native ecosystems and traditional 

cultural uses. Funding for the cleanup was authorized by the U.S. 

Congress, and the U.S. Navy is responsible for performing the cleanup. 

Although it does not lease the island, the Navy controls access to the 

island because of the danger of unexploded ordnance. The island is not 

a State Forest Reserve, Natural Area Reserve, or within a conservation 


    Regardless of the owner, lands in these districts are regarded as 

necessary for the protection of endemic biological resources and the 

maintenance or enhancement of the conservation of natural resources. 

Activities permitted in conservation districts are chosen by 

considering how best to make multiple use of the land (HRS, sect. 205-

2). Some uses, such as maintaining animals for hunting, are based on 

policy decisions, while others, such as preservation of endangered 

species, are mandated by State laws. Requests for amendments to 

district boundaries or variances within existing classifications can be 

made by government agencies and any person with a property interest in 

the land (HRS, sect. 205-4). Before decisions about these requests are 

made, the impact of the final reclassification on ``preservation or 

maintenance of important natural systems or habitat'' (HRS, sects. 205-

4, 205-17), as well as the maintenance of natural resources is required 

to be taken into account (HRS, sects. 205-2, 205-4).

    Hawaii Revised Statutes (chapt. 343) require an environmental 

assessment to determine whether or not the environment will be 

significantly affected before any final land use--(1) occurs on State 

land, or (2) is funded in part or whole by county or State funds, or 

(3) will occur within land classified as conservation district. If it 

is found that an action will have a significant effect, preparation of 

a full Environmental Impact Statement is required. Hawaii's 

Environmental Policy Act, adopted in 1974 to encourage the conservation 

of natural resources and the enhancement of the quality of life, 

requires the safeguarding of ``. . . the State's unique natural 

environmental characteristics . . .'' (HRS, sect. 344-3(1)) and 

includes guidelines to protect endangered species of individual plants 

and animals (HRS, sect. 344-4(3)(A)). However, unless the species are 

protected under the State endangered species law (i.e., State listed as 

endangered or threatened), there is no mechanism to ensure that the 

species will be protected, regardless of what State ``guidelines'' are 

in place. Even though all of these species, except Kanaloa 

kahoolawensis, occur on conservation district lands, the designation of 

a conservation district does not provide adequate protection to these 


[[Page 48317]]

    Federal listing of these 10 plant species will automatically invoke 

State listing under Hawaii's Endangered Species law and supplement the 

protection available under other State laws. The Federal Endangered 

Species Act will, therefore, offer additional protection to these 


    State laws relating to the conservation of biological resources, 

including indigenous aquatic life, wildlife and land plants, and 

endangered species and their associated ecosystems, allow for the 

acquisition of land as well as the development and implementation of 

programs for the conservation, management, and protection of biological 

resources (HRS, sect. 195D-5(a)). However, according to HRS, sect. 

195D-5(d), ``in carrying out programs authorized by this section, 

priority shall be given to the conservation and protection of those 

endangered . . .'', (i.e., Federal and State listed),'' . . . aquatic 

life, wildlife, and land plant species whose extinction within the 

State would imperil or terminate, respectively, their existence in the 

world.'' Therefore, the State will always give priority to protection 

and conservation efforts to species that are federally and State listed 

as endangered or threatened. Without Federal listing, these 10 species 

receive no protection or management by the State.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    All 10 of the taxa in this final rule are threatened or potentially 

threatened by competition with one or more alien plant taxa (see Table 

2). The most significant of these appear to be Psidium cattleianum 

(strawberry guava), Schinus terebinthifolius (Christmas berry), Rubus 

rosifolius (thimbleberry), Clidemia hirta (Koster's curse), Miconia 

calvescens (velvet tree), Myrica faya (firetree), Paspalum conjugatum 

(Hilo grass), Psidium guajava (common guava), Casuarina equisetifolia 

(ironwood tree), Leptospermum scoparium (New Zealand tea), and 

Ageratina adenophora (Maui pamakani). There are a number of other alien 

plant taxa that pose a significant threat to populations of these 


    Psidium cattleianum (strawberry guava), an invasive shrub or small 

tree native to tropical America, has become widely naturalized on all 

of the main islands, forming dense stands that exclude other plant 

species in disturbed areas (Cuddihy and Stone 1990). This alien plant 

grows primarily in mesic and wet habitats and is dispersed mainly by 

feral pigs and fruit-eating birds (Smith 1985, Wagner et al. 1990). 

Psidium cattleianum is considered to be one of the greatest alien plant 

threats to Hawaiian rain forests and is a threat on Maui to one of two 

known populations of Cyanea copelandii ssp. haleakalaensis and Cyanea 

glabra (Higashino et al. 1988; A.C. Medeiros, pers. comm. 1995). On 

Lanai, this invasive alien plant threatens all populations of Hedyotis 

schlechtendahliana var. remyi, the only known population of Labordia 

tinifolia var. lanaiensis, and the only known population of Melicope 

munroi (HHP 1991e1 to 1991e3; R. Hobdy, pers. comm. 1994; J. Lau, pers. 

comm. 1995).

    Schinus terebinthifolius (Christmas berry), introduced to Hawaii 

before 1911, is a fast-growing tree or shrub invading most mesic to wet 

lowland areas of the major Hawaiian Islands (Wagner et al. 1990). 

Schinus terebinthifolius is distributed mainly by feral pigs and fruit-

eating birds and forms dense thickets that shade out and displace other 

plants (Cuddihy and Stone 1990, Smith 1985, Stone 1985). This species 

is a threat to one population of Hedyotis schlechtendahliana var. 

remyi, and the only known populations of Labordia tinifolia var. 

lanaiensis and Labordia triflora (HHP 1991e2; R. Hobdy, pers. comm. 

1994; J. Lau, pers. comm. 1995).

    Rubus rosifolius (thimbleberry), native to Asia, is naturalized in 

disturbed mesic to wet forest on all of the main Hawaiian Islands and 

is perhaps the most widespread of all species of Rubus introduced to 

Hawaii (Cuddihy and Stone 1990). On Maui, this species threatens one of 

the two populations of Cyanea copelandii ssp. haleakalaensis as well as 

Cyanea glabra (NTBG 1994; A.C. Medeiros, pers. comm. 1995).

    Clidemia hirta (Koster's curse), a noxious shrub native to tropical 

America, is found in mesic to wet forests on at least six islands in 

Hawaii (Almeda 1990, Hawaii Department of Agriculture 1981, Smith 

1992). Clidemia hirta was first reported on Oahu in 1941 and had spread 

through much of the Koolau Mountains by the early 1960s. This noxious 

plant forms a dense understory, shading out other plants and hindering 

plant regeneration (Cuddihy and Stone 1990). This prolific alien plant 

has recently spread to five other islands and, on Maui is a potential 

threat to Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis 

and Cyanea glabra (A.C. Medeiros, pers. comm. 1995).

    Miconia calvescens (velvet tree) is a recently naturalized species 

native to tropical America. This species has become invasive in the 

Hamakua coast and Pahoa areas of the island of Hawaii, the island of 

Oahu, and has become established on East Maui. This species has the 

potential to be very disruptive, as it has become an understory 

dominate where introduced to similar habitat in Tahiti (Almeda 1990, 

Cuddihy and Stone 1990). This species occurs on Maui near populations 

of Clermontia samuelii and poses a potential threat (A.C. Medeiros, 

pers. comm. 1995).

    Myrica faya (firetree), native to the Azores, Madeira, and the 

Canary Islands, was introduced to Hawaii before 1900 for wine-making, 

firewood, or an ornamental. Trees were planted in forest reserves in 

the 1920s. By the mid-1980s M. faya had infested over 34,000 hectares 

(83,980 acres) throughout the State, with the largest infestations on 

the island of Hawaii. It is now considered a noxious weed (Cuddihy and 

Stone 1990, DOA 1981). Myrica faya can form a dense stand with no 

ground cover beneath the canopy. This lack of ground cover may be due 

to dense shading or to chemicals released by the tree that prevent 

other species from growing. Myrica faya also fixes nitrogen and 

increases nitrogen levels in Hawaii's typically nitrogen-poor volcanic 

soils. This may encourage the invasion of alien plants that would not 

normally be able to grow as well as native species in the low-nitrogen 

soils of Hawaii (Cuddihy and Stone 1990). On Lanai, this species 

threatens Hedyotis schlechtendahliana var. remyi and Labordia tinifolia 

var. lanaiensis (HHP 1991e3; R. Hobdy, pers. comm. 1994).

    Paspalum conjugatum (Hilo grass) is naturalized in moist to wet 

disturbed areas on all of the main Hawaiian Islands except Niihau and 

Kahoolawe, and produces a dense ground cover (Cuddihy and Stone 1990). 

In Maui's Kipahulu Valley, this grass threatens one of the two 

populations of Cyanea copelandii ssp. haleakalaensis, as well as Cyanea 

glabra (NTBG 1994; A.C. Medeiros, pers. comm. 1995). On West Maui, P. 

conjugatum threatens Dubautia plantaginea ssp. humilis (HPCC 1990).

    Psidium guajava (common guava), a shrub or small tree native to the 

New World tropics, is naturalized on all of the main islands, except, 

perhaps, Niihau and Kahoolawe (Wagner et al. 1990). Psidium guajava is 

a serious weed that invades disturbed sites, forming dense thickets in 

dry as well as mesic and wet forests (Smith 1985, Wagner et al. 1990). 

On Maui, this species threatens one of the two known populations of 

Cyanea copelandii ssp. haleakalaensis, as well as Cyanea glabra and 

Dubautia plantaginea ssp. humilis

[[Page 48318]]

(HPCC 1990; Higashino et al. 1988; A.C. Medeiros, pers. comm. 1995).

    Casuarina equisetifolia (ironwood) is a large, fast-growing tree 

that reaches up to 20 m (65 ft) in height (Wagner et al. 1990). This 

large tree shades out other plants, takes up much of the available 

nutrients, and possibly releases a chemical agent that prevents other 

plants from growing beneath it (Neal 1965, Smith 1985). Casuarina 

equisetifolia is invading the wet cliffs of Iao Valley and is a threat 

to Dubautia plantaginea ssp. humilis (HPCC 1990; HHP 1991d1; R. Hobdy, 

pers. comm. 1995).

    Leptospermum scoparium (New Zealand tea), brought to Hawaii as an 

ornamental plant and now naturalized in disturbed mesic to wet forest 

on three islands, threatens Hedyotis schlechtendahliana var. remyi, and 

the only known populations of Labordia tinifolia var. lanaiensis and 

Melicope munroi (Wagner et al. 1990; J. Lau, pers. comm. 1995).

    Ageratina adenophora (Maui pamakani), native to tropical America, 

has become naturalized in dry areas to wet forest on Oahu, Molokai, 

Lanai, Maui, and Hawaii (Wagner et al. 1990). This noxious weed forms 

dense mats with other alien plants and prevents regeneration of native 

plants (Anderson et al. 1992). On Maui, one of the two known 

populations of Cyanea copelandii ssp. haleakalaensis, as well as Cyanea 

glabra and Cyanea hamatiflora ssp. hamatiflora are threatened by this 

species (NTBG 1995; R. Hobdy, pers. comm. 1995).

    Rubus argutus (prickly Florida blackberry) was introduced to the 

Hawaiian Islands in the late 1800s from the continental U.S. (Haselwood 

and Motter 1983). The fruits are easily spread by birds to open areas 

such as disturbed mesic or wet forests, where the species forms dense, 

impenetrable thickets (Smith 1985). One of two known populations of 

Cyanea copelandii ssp. haleakalaensis, as well as Cyanea glabra are 

threatened by this species (A.C. Medeiros, pers. comm. 1995).

    Hedychium coronarium (white ginger) was introduced to Hawaii in the 

late 1800s, probably by Chinese immigrants. It escaped from cultivation 

and is found in wet and mesic forests on most of the main Hawaiian 

islands. The large, vigorous herbs mainly reproduce vegetatively, 

forming very dense stands that exclude all other growth. Hedychium 

gardnerianum (kahili ginger) was introduced to Hawaii before 1940 from 

the Himalayas, and now has major infestations on the islands of Hawaii, 

Maui, and Kauai. This species is considered a more serious threat to 

native forests because it produces abundant fruit (Cuddihy and Stone 

1990, Wagner et al. 1990). Both species of Hedychium threaten 

Clermontia samuelii (A.C. Medeiros, pers. comm. 1995), and H. 

gardnerianum is a threat to Labordia tinifolia var. lanaiensis (R. 

Hobdy, pers. comm. 1994).

    Tibouchina herbacea (glorybush), a relative of Koster's curse, 

first became established on the island of Hawaii in the late 1970s and, 

by 1982, was collected in Lanilili on West Maui (Almeda 1990). Although 

the disruptive potential of this alien plant is not fully known, T. 

herbacea appears to be invading mesic and wet forests of Hawaii and 

Maui (Cuddihy and Stone 1990), and is considered a threat to Clermontia 

samuelii, Cyanea copelandii ssp. haleakalaensis, and Cyanea glabra (R. 

Hobdy and A.C. Medeiros, pers. comms. 1995).

    Sporobolus africanus (smutgrass) was introduced from Africa and has 

become naturalized on all the main islands of Hawaii except Niihau and 

Kahoolawe. It is typically found in disturbed areas such as road sides 

and pastures (O'Connor 1990), and on Maui is a threat to Dubautia 

plantaginea ssp. humilis (HPCC 1990).

    Pluchea symphytifolia (sourbush) is native to Mexico, the West 

Indies, and northern South America. This species is naturalized in dry 

forests and ranges into mesic and wet forests on all the main Hawaiian 

islands (Wagner et al. 1990). It is a fast growing shrub and can form 

dense thickets (Smith 1985). Pluchea symphytifolia is a threat to 

Dubautia plantaginea ssp. humilis on West Maui (HPCC 1990).

    Emelia fosbergii is a pantropical weed of unknown origin. In Hawaii 

it is a common weed in disturbed lowland dry habitats on all the main 

islands (Wagner et al. 1990). Emelia fosbergii is a threat to the only 

known population of Kanaloa kahoolawensis (Lorence and Wood 1994).

    Nicotiana glauca (tree tobacco) was brought to Oahu as an 

ornamental from Argentina in the 1860s. It is now naturalized in all 

warm temperate regions of the world. On Oahu, Lanai, Maui, and 

Kahoolawe, this species is naturalized in disturbed open, dry habitats 

(Symon 1990). Nicotiana glauca is a threat to the only known population 

of Kanaloa kahoolawensis (Lorence and Wood 1994).

    Chloris barbata (swollen finger grass) is native to Central 

America, the West Indies, and South America. In Hawaii it is 

naturalized in disturbed dry areas on all the main islands, and is a 

threat to the only known population of Kanaloa kahoolawensis (Lorence 

and Wood 1994, O'Connor 1990).

    Erosion, landslides, rockslides, and flooding due to natural 

weathering result in the death of individual plants as well as habitat 

destruction. This especially affects the continued existence of taxa or 

populations found on cliffs, steep slopes, and stream banks that have 

limited numbers and/or narrow ranges such as the West Maui population 

of Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia 

plantaginea ssp. humilis, and Kanaloa kahoolawensis (Lorence and Wood 

1994; R. Hobdy, pers. comm. 1995).

    The small number of populations and individuals of many of these 

taxa increases the potential for extinction from a single human-caused 

or natural environmental disturbance. In addition, the small gene pool 

may depress reproductive vigor. Four of the plants, Kanaloa 

kahoolawensis, Labordia tinifolia var. lanaiensis, Labordia triflora, 

and Melicope munroi, are each known from a single population. Four 

additional taxa have five or fewer populations (Cyanea copelandii ssp. 

haleakalaensis, Cyanea glabra, Dubautia plantaginea ssp. humilis, and 

Hedyotis schlechtendahliana var. remyi), and three of the taxa are 

estimated to number no more than 10 individuals (Hedyotis 

schlechtendahliana var. remyi, Kanaloa kahoolawensis, and Labordia 

triflora). All of the taxa in this final rule either number fewer than 

15 populations or total fewer than 1,000 individuals (see Table 2).

    We have carefully assessed the best scientific and commercial 

information available regarding the past, present, and future threats 

faced by these taxa in determining to make this rule final. Based on 

this evaluation, we find that these 10 species should be listed as 

endangered--Clermontia samuelii, Cyanea copelandii ssp. haleakalaensis, 

Cyanea glabra, Cyanea hamatiflora ssp. hamatiflora, Dubautia 

plantaginea ssp. humilis, Hedyotis schlechtendahliana var. remyi, 

Kanaloa kahoolawensis, Labordia tinifolia var. lanaiensis, Labordia 

triflora, and Melicope munroi. All of these taxa are threatened by one 

or more of the following--habitat degradation and/or predation by pigs, 

goats, deer, rats, and invertebrates; competition with alien plant taxa 

for space, light, water, and nutrients; and, substrate loss. Eight of 

the taxa have five or fewer populations, and three of these taxa are 

estimated to number no more than 10 individuals. Small population size 

and limited distribution make eight of these taxa particularly 

vulnerable to extinction from reduced reproductive

[[Page 48319]]

vigor or from random environmental events. Because all of the 10 taxa 

are in danger of extinction throughout all or a significant portion of 

their ranges, they fit the definition of endangered as defined in the 

Act. Therefore, the determination of endangered status for these 10 

taxa is warranted.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 

specific areas within the geographical 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 

consideration or protection; and (ii) specific areas outside the 

geographical area occupied by a species at the time it is listed, upon 

a determination that such areas are essential for the conservation of 

the species. ``Conservation'' means the use of all methods and 

procedures needed to bring the species to the point at which listing 

under the Act is no longer necessary.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 

regulations (50 CFR 424.12) require that, to the maximum extent prudent 

and determinable, the Secretary designate critical habitat at the time 

the species is determined to be endangered or threatened. 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; (ii) designation of critical habitat would not 

be beneficial to the species.

    In the proposed rule, we indicated that designation of critical 

habitat was not prudent for the six taxa (Dubautia plantaginea ssp. 

humilis, Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, 

Labordia tinifolia var. lanaiensis, Labordia triflora, and Melicope 

munroi) that are located primarily on non-Federal lands with limited 

Federal activities because of a concern that publication of precise 

maps and descriptions of critical habitat in the Federal Register could 

increase the vulnerability of these plant species to incidents of 

collection and general vandalism. In the case of plants, increased 

visits to the sites where rare species are found could contribute to 

the decline of existing populations through overcollection or 

vandalism. We also indicated that designation of critical habitat was 

not prudent for the other four taxa (Clermontia samuelii, Cyanea 

copelandii ssp. haleakalaensis, Cyanea glabra, and Cyanea hamatiflora 

ssp. hamatiflora) located primarily on Federal lands within Haleakala 

National Park. National Parks are managed for the protection of native 

ecosystems, which should promote protection, conservation, and recovery 

of plants that are part of those ecosystems, suggesting no significant 

benefit from a designation of critical habitat.

    In light of recent court decisions (e.g., Natural Resources Defense 

Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th Cir. 

1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 1280 

(D. Hawaii 1998)) issued since the proposed rule was published we have 

reconsidered the prudency finding under the Act. In the Natural 

Resources Defense Council case (hereafter NRDC), the Ninth Circuit 

held, first, that a not prudent finding premised on increased threats 

was justified only if the Service weighs, based on facts in the record, 

the benefits of designation against the risks of designation. Second, 

it held that the Service erred in finding no benefit to critical 

habitat simply because critical habitat would not control the majority 

of land-use activities within critical habitat, and that to do so was 

inconsistent with Congressional intent that the not prudent exception 

to designation should apply ``only in rare circumstances.'' With regard 

to non-Federal lands, the court found that they would be subject to 

section 7 requirements in the future if their use involved any form of 

Federal agency authorization or action. Third, the court found that the 

existence of another type of protection, even if potentially greater 

than that provided by designating critical habitat, does not justify a 

not prudent finding.

    The Service continues to be concerned that designation of critical 

habitat could potentially increase the threats to these species. Due to 

low numbers of individuals or populations and their inherent 

immobility, these plants are vulnerable to unrestricted collection, 

vandalism or other disturbance. We also remain concerned that these 

threats may be exacerbated by the publication of critical habitat maps 

and further dissemination of locational information. However, we have 

examined the evidence available for each of these ten taxa and have 

not, at this time, found specific evidence of taking, vandalism, 

collection or trade of any of them or of similarly situated species. 

Consequently, consistent with applicable regulations (50 CFR 

424.12(a)(1)(i)), we do not find that any of these species are 

currently threatened by taking or other human activity, which threats 

would be exacerbated by the designation of critical habitat.

    In the absence of a 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 pursuant to the NRDC 

decision. In the case of these taxa, there may 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 modifies critical habitat. Four of 

these species (Clermontia samuelii, Cyanea copelandii ssp. 

haleakalaensis, Cyanea glabra, and Cyanea hamatiflora ssp. hamatiflora) 

occur in part on Federal land that would be subject to section 7. The 

fact that this is land administered by the National Park Service does 

not, in itself, justify a not prudent finding in the Ninth Circuit. 

However, we will determine at the time of designation whether National 

Park Service lands meet the statutory definition of critical habitat. 

While the other taxa (Dubautia plantaginea ssp. humilis, Hedyotis 

schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia 

tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi) are 

located exclusively on non-Federal lands with limited Federal 

activities, there may be Federal actions affecting these lands in the 

future. While a critical habitat designation for habitat currently 

occupied by these species would not be likely to change the section 7 

consultation outcome because an action that destroys or adversely 

modifies such critical habitat would also be likely to result in 

jeopardy to the species, there may be instances where section 7 

consultation would be triggered only if critical habitat is designated. 

Examples could include unoccupied habitat or occupied habitat that may 

become unoccupied in the future. There may also be some educational or 

informational benefits to critical habitat. Therefore, we find that 

critical habitat is prudent for the 10 Maui Nui plant taxa, Clermontia 

samuelii, Cyanea copelandii ssp. haleakalaensis, Cyanea glabra, Cyanea 

hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis, 

Hedyotis schlechtendahliana var. remyi, Kanaloa kahoolawensis, Labordia 

tinifolia var. lanaiensis, Labordia triflora, and Melicope munroi.

Proposed Critical Habitat Designations Will Be Consistent With The 

Service's Listing Priority Guidance

    As a Tier 2 activity, the processing of this final rule conforms 

with our current

[[Page 48320]]

listing priority guidance (LPG) for fiscal years 1998 and 1999, 

published in the Federal Register on May 8, 1998 (63 FR 25502). 

However, at this time, designation of critical habitat is a Tier 3 

activity under the current LPG. While we allocated about 17 percent of 

the total listing budget for critical habitat actions this fiscal year, 

all of Region 1's allocation will be spent complying with court-ordered 

designations. Completion of any other Tier 3 activity in Region 1 this 

fiscal year is precluded by higher priority listing actions. Future 

work on proposed critical habitat designations for these taxa will be 

scheduled based on future listing appropriations, the LPG in effect at 

that time, and their relative priority compared to other pending 

critical habitat proposals.

    The Act imposes more listing duties than we currently are able to 

meet due to lack of adequate funding. To deal with this difficult 

situation, we have developed a series of LPGs to prioritize our various 

listing activities in such a way as to secure the most protection for 

the greatest number of the most imperiled species in the least time.

The Listing Priority Guidance

    The Federal Register notices for the LPGs describe the fiscal 

constraints imposed over the past four years in detail. 63 FR 25502 

(May 8, 1998) (FY 1998/1999 LPG); 61 FR 64475 (Dec. 5, 1996) (FY 1997 

LPG); 61 FR 24722 (May 16, 1996) (FY 1996 LPG). In brief, Congress 

originally appropriated $7.999 million for listing in FY 1995. On April 

10, 1995, Congress enacted a moratorium on final listing determinations 

and critical habitat designations, and rescinded $1.5 million (nearly 

twenty percent) of the listing budget. The severe funding shortages and 

the listing moratorium continued in FY 1996. From October 1, 1995, 

until April 26, 1996, the Department of the Interior operated without a 

regularly enacted full-year appropriations bill. Instead, funding for 

most of the Department's programs, including the endangered species 

listing program, was governed by a series of thirteen ``continuing 

resolutions'' (CRs) that severely reduced or eliminated funding for the 

Service's listing program. Their net effect was essentially to shut 

down the listing program.

    After more than six months of continuing resolutions, Congress 

allowed the President to lift the listing moratorium and appropriated 

$4.0 million for listing in FY 1996, far short of the funds necessary 

to process the backlog of 243 final listing determinations that 

required action. In FY 1997, although the President requested 

approximately $7.5 million for listing, Congress appropriated only $5.0 

million. The President requested and received $5.19 million for listing 

in FY 1998, and Congress expressly prohibited the expenditure of any 

additional funds for listing. This reduced listing budget request was 

based on a realistic assessment of the level of funding that might be 

obtained and reflected a need to address other endangered species 

program activities such as conducting section 7 consultations, 

processing section 10 incidental take permit applications, and 

developing and implementing recovery plans. Although the Department 

also requested that Congress include the amount of the budget that 

could be allocated to listing on the face of the appropriations bill, 

it did so only to clarify Congress' intent, previously expressed in 

Congressional committee reports, that we not divert funding to listings 

from other programs. In FY 1999, the President requested significant 

increases for all Endangered Species programs, including an increase of 

$1.5 million for listing. However, Congress appropriated only an 

additional $566,000, for a total listing budget of $5.756 million, 

again with an express cap on the listing budget.

    To address the backlog that has resulted from the listing 

moratorium and subsequent funding constraints, and to meet litigation 

deadlines, we employed the LPGs to prioritize listing actions. The 

1996, 1997, and 1998/99 LPGs use categories or ``tiers'' of Act listing 

actions to guide the expenditure of limited listing funds. Each year, 

the content and number of tiers has changed somewhat, reflecting the 

progress that the Service has made in reducing the listing backlog. In 

the current guidance, the highest priority (Tier 1) is assigned to 

emergency listings of species facing an imminent risk of extinction. 

The second highest priority (Tier 2) includes processing final 

determinations on proposed additions to the lists of endangered and 

threatened species, processing new proposals to add species to the 

lists, and processing petition findings to add species to the lists. 

Preparing proposed and final rules to designate critical habitat is 

assigned the lowest priority (Tier 3).

    It is essential during periods of limited listing funds to maximize 

the conservation benefit of listing appropriations. Designation of 

critical habitat is very resource-intensive, and in most cases provides 

little additional protection. As explained previously, the primary 

regulatory effect of critical habitat is the section 7 requirement that 

Federal agencies refrain from taking any action that destroys or 

adversely modifies critical habitat. While in some cases critical 

habitat may result in some additional section 7 coverage, for example 

in unoccupied habitat, the prohibition on destroying critical habitat 

generally overlaps the jeopardy prohibition of section 7. There may 

also be other benefits of critical habitat, such as increased awareness 

by the general public and State and government agencies of the 

importance of certain habitat areas. Nevertheless, compared with the 

benefits of listing as endangered or threatened, those species that 

presently have no protection under the Act, designating critical 

habitat for species already receiving its full protection provides 

relatively fewer conservation benefits.

    Furthermore, designation of critical habitat is expensive and time-

consuming. It entails the detailed identification of all areas 

containing the physical or biological features essential to the 

conservation of each species (16 U.S.C. 1532(5)(A)). Then, we must 

determine which of these areas may require special management 

considerations or protection. Maps and written legal descriptions must 

be prepared for each area to be proposed for critical habitat (50 CFR 

424.12(c)). We must also consider the economic and other impacts of 

designating areas as critical habitat (16 U.S.C. 1533(b)(2)). This 

requires the preparation of an economic analysis and consideration of 

any additional available information concerning other impacts. Then we 

must determine whether the benefits of excluding any particular area 

outweigh the benefits of including that area as part of the critical 

habitat. To insure that the affected public and State and local 

governments have an adequate opportunity to comment, we must also 

publish each critical habitat proposal in the Federal Register for 

public comment; provide actual notice of the proposed regulation to 

appropriate State and local government agencies where the taxon is 

believed to occur; publish a summary of each proposal in a newspaper of 

general circulation in each area where the taxon is believed to occur; 

and hold public hearings if requested (16 U.S.C. 1533(b)(5)).

    It is very difficult to estimate precisely the time and cost to 

develop critical habitat designations for the plants at issue here and 

we intend to streamline the process to the extent possible consistent 

with our statutory obligations. For example, for the Mexican spotted 

owl, the actual designation cost over $341,000. Obviously, the greater 

the number of species, the greater the cost. Because of

[[Page 48321]]

the marginal additional protection critical habitat provides, and the 

cost of designating it, critical habitat designations have been 

accorded a lower priority under the LPG.

    Adherence to the LPG has allowed us to make great strides in 

eliminating the backlog of pending listing proposals, thus allowing the 

implementation of a more balanced listing program. When the moratorium 

was lifted, final decisions for 243 proposed listings were pending. In 

the four calendar years prior to the moratorium, we made final listing 

decisions for an average of 88 species per year. In comparison, in the 

twelve months after the moratorium was lifted on April 26, 1996, we 

made final listing determinations for 131 species. Since that time, we 

further reduced the backlog of pending proposals to list domestic 

species, so that 68 such proposals remain pending (as of June 24, 

1999), only 1 of which was published prior to the moratorium.

    However, at present we still face the dilemma that we cannot 

complete all of our statutory listing duties within the time frames 

mandated by Congress, given the insufficient funds appropriated by 

Congress for this purpose. The LPG is the most efficient way, 

consistent with the purposes of the Act, for us to pursue the goal of 

reestablishing full compliance with the Act.

    The progress we have made in reducing the listing backlog by 

employing the LPG has allowed us to slowly expand the activities we 

undertake. Resuming work on critical habitat designations, where 

prudent, is the next step in this process. In fact, we set aside 

$979,000 from the 1999 listing budget to undertake critical habitat 

actions. However, current budget levels are clearly insufficient for us 

to undertake all of our outstanding critical habitat designations in 

addition to meeting our other mandatory listing duties under the Act. 

Therefore, we plan to employ a priority system for deciding which ones 

should be addressed first. We will focus our efforts on those 

designations that will provide the most conservation benefit, taking 

into consideration the efficacy of critical habitat designation in 

addressing the threats to the species, the magnitude and immediacy of 

those threats, and the amount of resources necessary to complete the 

designation. We are also in the process of re-examining procedures and 

requirements for critical habitat designation, in order to streamline 

and expedite such actions to the maximum extent permitted under law (64 

FR 31871, June 14, 1999) (notice of intent to clarify the role of 

habitat in endangered species conservation).

Region 1's Workload

    Administratively, the Service is divided into seven geographic 

regions, which report to our headquarters in Washington, DC. Each 

region has a regional office and a number of field offices that report 

to the regional office. These ten species are under the jurisdiction of 

Region 1, which includes California, Oregon, Washington, Idaho, Nevada, 

Hawaii, and various Pacific Islands. Within Region 1, these species are 

the responsibility of the Pacific Islands Fish and Wildlife Office in 

Honolulu, Hawaii.

    Region 1 has by far the heaviest endangered species workload of the 

Service's seven regions. About one-half of all species listed under the 

Act fall within Region 1's jurisdiction. Since the listing moratorium 

was lifted in April 1996, Region 1 has expended much of its limited 

listing resources on the completion of final determinations on proposed 

rules to list species. From April 1996 through June 24, 1999, we made 

210 final determinations for Region 1 species (81 percent of the 

nationwide total of 260). In that time frame, Region 1 also proposed 

rules for 49 species (56 percent of the nationwide total of 88), and 

completed 9 petition findings (20 percent of the nationwide total of 


    Region 1 likewise has a heavy listing workload for the remainder of 

FY 1999. Region 1 has the lead on forty-six species proposed for 

listing for which final determinations must be made. Region 1 must also 

complete 12-month findings for an additional five species. Moreover, 

Region 1 has primary responsibility for about 100 candidate species, 

many of which face imminent, high-magnitude threats to their existence. 

Finally, Region 1 has 5 listing petitions awaiting 90-day findings. 

Under the LPG, these are all Tier 2 activities that should be given 

priority to ensure that species in need of the fundamental protections 

of the Act are addressed. Currently, there is one draft final delisting 

package awaiting revision by the Pacific Islands Fish and Wildlife 

Office listing staff and, seven draft proposed listing packages 

covering 39 species awaiting revision by either the Regional Office 

listing staff or the Pacific Islands Fish and Wildlife Office. In 

addition, preparation of proposed listing rules for 28 Hawaiian plant 

species and 2 species of butterflies from the Northern Marianas Islands 

have been put on hold indefinitely due to the increased workload 

associated with the determination and designation of critical habitat 

for the listed species under litigation.

    Region 1 must also expend its listing resources to comply with 

existing court orders or settlement agreements. In fact, this fiscal 

year, all of the Region's allocation for critical habitat actions will 

be expended to comply with these court orders. For example, we have 

been ordered to propose critical habitat for the tidewater goby by 

August 3, 1999, and to complete final critical habitat designation for 

the western snowy plover by December 1, 1999. In addition, Region 1 had 

to comply with a court order to reanalyze a previous not prudent 

finding for critical habitat for the coastal California gnatcatcher. 

This reanalysis was completed this fiscal year, and we are beginning 

the analysis on specific sites to identify any areas that may be 

appropriate for proposed critical habitat designation. Complying with 

these orders will require a significant commitment of resources.

    By far the greatest litigation-driven commitment of listing 

resources will be required to comply with the order in Conservation 

Council of Hawaii v. Babbitt. There, the district court remanded to the 

Service its ``not prudent'' findings on critical habitat designation 

for 245 species of Hawaiian plants. The court ordered us not only to 

reconsider these findings but also to designate critical habitat for 

any species for which we determine on remand that critical habitat 

designation is prudent. This order essentially requires a single field 

office to draft critical habitat determinations for over one-fifth of 

all the species that have ever been listed in the history of the Act, 

and encompasses more than one-third of all listed plants. Compliance 

with this court order, set on a schedule to run through 2003, will 

require an enormous commitment of listing resources that may delay 

other Region 1 listing activity for years. Because of this tremendous 

court ordered workload, the Pacific Islands Fish and Wildlife Office is 

only working on emergency listing actions (Tier 1) in addition to 

lawsuit driven listing activities; all remaining Tier 2 activities 

remaining in the office will not be completed. While we cannot predict 

the outcome of the Congressional appropriation process for FY 2000 it 

is very unlikely that it will see a significant increase in its listing 

budget and it is more reasonable to expect that the budget will be at a 

slightly lower level than FY 1999. If this is the case, it is likely 

that the Pacific Islands Fish and Wildlife Office will continue to have 

the ability to work only on court ordered and emergency listing 


[[Page 48322]]

    Of the $5.756 million appropriated in FY 1999 for listing actions, 

Region 1 was allocated $2.964 million (over 50 percent). Of the 

$979,000 allocated to critical habitat, Region 1 received $460,000, or 

47 percent. These funds are insufficient to fulfill all of its section 

4 listing duties during FY 1999 as well as to comply with existing 

court orders regarding critical habitat. Therefore, designating 

critical habitat for these 10 taxa at this time (Tier 3 activities) 

would come at the expense of providing basic protection under the Act 

to species not yet listed (Tier 2 activities).

    We will develop critical habitat designations for these ten taxa as 

soon as feasible. At the present time, we expect that the most 

expeditious way of processing these designations will be to process 

them with the 245 Hawaiian plant species for which critical habitat 

determinations have been remanded to us in Conservation Council of 

Hawaii v. Babbitt. As a result, we currently anticipate that the 

proposed critical habitat designation will be completed by April 20, 

2002, and the final rules will be completed by April 20, 2003.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 

threatened under the Act include recognition, recovery actions, 

requirements for Federal protection, and prohibitions against certain 

activities. Recognition through listing can encourage and result in 

conservation actions by Federal, State, and local agencies, private 

organizations, and individuals. The Act provides for possible land 

acquisition and cooperation with the State and requires that recovery 

plans be developed for listed species. The protection required of 

Federal agencies and the prohibitions against certain activities 

involving listed plants are discussed, in part, below.

    Section 7(a) of the Act, as amended, requires Federal agencies to 

evaluate their actions with respect to any species that is proposed or 

listed as endangered or threatened and with respect to its critical 

habitat, if any is being designated. Regulations implementing this 

interagency cooperation provision of the Act are codified at 50 CFR 

part 402. Section 7(a)(2) of the Act requires Federal agencies to 

ensure that activities they authorize, fund, or carry out are not 

likely to jeopardize the continued existence of a listed species or to 

destroy or adversely modify its critical habitat. If a Federal action 

may affect a listed species or its critical habitat, the responsible 

Federal agency must enter into formal consultation with the Service. 

Populations of four of the endangered taxa occur on National Park 

Service land. The National Park Service monitors and manages rare and 

endangered species populations within Haleakala National Park (S. 

Anderson, pers. comm. 1998).

    The Act and its implementing regulations set forth a series of 

general prohibitions and exceptions that apply to all endangered 

plants. With respect to the 10 species in this final rule, all 

prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 

17.61, would apply. These prohibitions, in part, make it illegal for 

any person subject to the jurisdiction of the United States to import 

or export any endangered plant species to/from the United States; 

transport such species in interstate or foreign commerce in the course 

of a commercial activity; sell or offer for sale such a species in 

interstate or foreign commerce; remove and reduce such a species to 

possession from areas under Federal jurisdiction; maliciously damage or 

destroy any such species from areas under Federal jurisdiction; or 

remove, cut, dig up, or damage or destroy any such species in knowing 

violation of any State law or regulation, including State criminal 

trespass law. Certain exceptions to the prohibitions apply to agents of 

the Service and State conservation agencies.

    The Act and 50 CFR 17.62 provide for the issuance of permits to 

carry out otherwise prohibited activities involving endangered plant 

species under certain circumstances. Such permits are available for 

scientific purposes and to enhance the propagation or survival of the 

species. It is anticipated that few permits would ever be sought or 

issued because these 10 species are not common in cultivation or in the 


    It is our policy, published in the Federal Register on July 1, 1994 

(59 FR 34272), to identify to the maximum extent practicable at the 

time a species is listed those activities that would or would not 

constitute a violation of section 9 of the Act. The intent of this 

policy is to increase public awareness of the effect of this listing on 

proposed and ongoing activities within the species' range. Four of the 

species occur on Federal lands under the jurisdiction of the National 

Park Service. Collection, damage, or destruction of these species on 

Federal lands is prohibited without a Federal endangered species 

permit. Such activities on non-Federal lands would constitute a 

violation of section 9 if conducted in knowing violation of Hawaii 

State law or regulations or in violation of a State criminal trespass 

law (see Hawaii State Law section below). We are not aware of any trade 

in these species.

    We believe that, based on the best available information at this 

time, the following actions will not result in a violation of section 9 

on private land provided that they do not violate State trespass or 

other laws--hunting, bird watching, and hiking. Activities for which a 

Federal endangered species permit is issued to allow collection for 

scientific or recovery purposes would also not result in a violation of 

section 9. We are not aware of any otherwise lawful activities being 

conducted or proposed by the public that will be affected by this 

listing and result in a violation of section 9. General prohibitions 

and exceptions that apply to all endangered plants in section 9(a)(2) 

of the Act, implemented by 50 CFR 17.61, apply as discussed earlier in 

this section.

    Questions regarding whether specific activities will constitute a 

violation of section 9 of the Act should be directed to the Pacific 

Islands Ecoregion Manager (see ADDRESSES section). Requests for copies 

of the regulations concerning listed plants and inquiries regarding 

prohibitions and permits may be addressed to the Fish and Wildlife 

Service, Ecological Services, Permits Branch, 911 N.E. 11th Avenue, 

Portland, Oregon 97232-4181 (telephone 503-231-2063; facsimile 503-231-


Hawaii State Law

    Federal listing will automatically invoke listing under the State's 

endangered species law. Hawaii's endangered species law states, ``Any 

species of aquatic life, wildlife, or land plant that has been 

determined to be an endangered species pursuant to the Federal 

Endangered Species Act shall be deemed to be an endangered species 

under the provisions of this chapter * * *'' (HRS, sect. 195D-4(a)). 

Therefore, Federal listing will accord the species listed status under 

Hawaii State law. State law prohibits cutting, collecting, uprooting, 

destroying, injuring, or possessing any listed species of plant on 

State or private land, or attempting to engage in any such conduct. The 

State law encourages conservation of such species by State agencies and 

triggers other State regulations to protect the species (HRS, sect. 

195AD-4 and 5).

Paperwork Reduction Act

    This rule does not contain any new collections of information other 

than those already approved under the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq., and assigned Office of Management and Budget 


[[Page 48323]]

number 1018-0094. An agency may not conduct or sponsor, and a person is 

not required to respond to, a collection of information unless it 

displays a currently valid control number. For additional information 

concerning permit and associated requirements for endangered species, 

see 50 CFR 17.62.

National Environmental Policy Act

    We have determined that Environmental Assessments and Environmental 

Impact Statements, as defined under the authority of the National 

Environmental Policy Act of 1969, need not be prepared in connection 

with regulations adopted pursuant to section 4(a) of the Act. We 

published a notice outlining our reasons for this determination in the 

Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited herein is available upon 

request from the Pacific Islands Fish and Wildlife Office (see 

ADDRESSES section).


    The authors of this final rule are Karen ``Kitti'' Jensen and 

Christa Russell, telephone 808-541-3441 or facsimile 808-541-3470 (see 

ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 

recordkeeping requirements, Transportation.

Final Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 

of the Code of Federal Regulations, as set forth below:


    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend section 17.12(h) by adding the following, in alphabetical 

order under FLOWERING PLANTS, to the List of Endangered and Threatened 


Sec. 17.12  Endangered and threatened plants.

* * * * *

    (h) * * *



--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special

         Scientific name                Common name                                                                               habitat       rules


         Flowering Plants

                   *                  *                  *                  *                  *                  *                  *

Clermontia samuelii..............  Oha wai.............  U.S.A (HI).........  Campanulaceae--Bell  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *

Cyanea copelandii ssp.             Haha................  U.S.A. (HI)........  Campanulaceae--Bell  E                       666           NA           NA

 haleakalaensis.                                                               flower.

                   *                  *                  *                  *                  *                  *                  *

Cyanea glabra....................  Haha................  U.S.A. (HI)........  Campanulaceae--Bell  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *

Cyanea hamatiflora ssp.            Haha................  U.S.A. (HI)........  Campanulaceae--Bell  E                       666           NA           NA

 hamatiflora.                                                                  flower.

                   *                  *                  *                  *                  *                  *                  *

Dubautia plantaginea ssp. humilis  Naenae..............  U.S.A. (HI)........  Asteraceae--Sunflow  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *

Hedyotis schlechtendahliana var.   Kopa................  U.S.A. (HI)........  Rubiaceae--Coffee..  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *

Kanaloa kahoolawensis............  None................  U.S.A. (HI)........  Fabaceae--Legume...  E                       666           NA           NA

                   *                  *                  *                  *                  *                  *                  *

Labordia tinifolia var.            Kamakahala..........  U.S.A. (HI)........  Loganiaceae--Logan.  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *

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

                   *                  *                  *                  *                  *                  *                  *

Melicope munroi..................  Alani...............  U.S.A. (HI)          ...................  E                       666           NA           NA


                   *                  *                  *                  *                  *                  *                  *


[[Page 48324]]

    Dated: August 24, 1999.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 99-22969 Filed 9-2-99; 8:45 am]