[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Proposed Rules]
[Pages 71520-71523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22376]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2020-0104; FF09E22000 FXES11130900000 234]
RIN 1018-BC98
Endangered and Threatened Wildlife and Plants; Removing
Phyllostegia glabra var. lanaiensis From the List of Endangered or
Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
proposal to remove Phyllostegia glabra var. lanaiensis from the Federal
List of Endangered and Threatened Plants (List). This withdrawal is
based on new surveys conducted over the past 3 years since completing
the 5-year review for the species; these surveys have identified new
suitable habitats comprised of native vegetation within the former
range of P. glabra var. lanaiensis. Therefore, we determined that
additional information is needed before concluding that the species is
extinct. With this withdrawal of the proposal, P. glabra var.
lanaiensis will remain on the List as endangered. Elsewhere in this
issue of the Federal Register, we publish a final rule removing 21
species that were part of our September 30, 2021, proposed rule.
DATES: The proposal to remove P. glabra var. lanaiensis from the
Federal List of Endangered and Threatened Plants, which published on
September 30, 2021 (86 FR 54298), is withdrawn on October 17, 2023.
ADDRESSES: Relevant documents used in the preparation of this
withdrawal are available on the internet at https://www.regulations.gov
at Docket No. FWS-R1-ES-2020-0104.
FOR FURTHER INFORMATION CONTACT: Earl Campbell, Field Supervisor,
Pacific Islands Fish and Wildlife Office (see ADDRESSES); telephone
808-792-9400; facsimile 505-346-2542. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
We published a final rule to list Phyllostegia glabra var.
lanaiensis as an endangered species on September 20, 1991 (56 FR
47686), and P. glabra var. lanaiensis was included in the Lanai plant
cluster recovery plan in 1995 (USFWS 1995, entire). At the time of
listing, no wild individuals had been seen since 1914, although there
was one questionable sighting from the 1980s that was later considered
to be P. glabra var. glabra (USFWS 1995, pp. 31-35; USFWS 2012, p. 7).
Threats included habitat degradation and herbivory by feral ungulates,
the establishment of ecosystem-altering invasive plant species, and the
consequences of small population sizes (low numbers) (USFWS 1995, p.
56). In 2000, designation of critical habitat was considered not
prudent for P. glabra var. lanaiensis because this plant had not been
observed in the wild in over 20 years, and no viable genetic material
was available for recovery efforts (65 FR 82086; December 27, 2000).
Two 5-year status reviews have been completed; the 2012 review
(initiated on April 8, 2010; see 75 FR 17947) recommended surveys
within the historical range and within suitable habitat on Lanai, with
no change in status. Despite repeated surveys of historical and
suitable habitat by botanists since 2006, P. glabra var. lanaiensis has
not been found (Plant Extinction Prevention Program (PEPP) 2012, p. 45;
Oppenheimer 2019, in litt.). In 2012, PEPP reported that P. glabra var.
lanaiensis was likely extinct. The 5-year status review completed in
2019 (initiated on February 12, 2016; see 81
[[Page 71521]]
FR 7571) recommended delisting due to extinction.
On September 30, 2021, we published a proposed rule to remove 23
species, including P. glabra var. lanaiensis, from the Federal Lists of
Endangered and Threatened Wildlife and Plants (i.e., to ``delist'' the
species) due to extinction (86 FR 54298). At that time, we invited the
public to comment on the proposal.
Elsewhere in this issue of the Federal Register, we publish a final
rule to remove 21 of the 23 species included in our September 30, 2021,
proposed rule from the Federal List of Endangered and Threatened
Wildlife. That final rule's Summary of Changes from the Proposed Rule
references this rule withdrawing the proposed delisting of P. glabra
var. lanaiensis.
Supporting Documents
Prior to publishing the proposed delisting rule (86 FR 54298;
September 30, 2021), we conducted a status assessment for P. glabra
var. lanaiensis. The results of this assessment are summarized in a
species assessment form, which represents a compilation of the best
scientific and commercial data available concerning the status of the
species, including the past, present, and future stressors to this
species (Service 2021, entire).
In accordance with our policy, ``Notice of Interagency Cooperative
Policy for Peer Review in Endangered Species Act Activities,'' which
was published on July 1, 1994 (59 FR 34270) and our August 22, 2016,
Director's Memorandum ``Peer Review Process,'' we sought the expert
opinion of five appropriate and independent specialists regarding
scientific data and interpretations contained in the 5-year review for
P. glabra var. lanaiensis. We sent copies of the 5-year review to the
peer reviewers immediately following publication of the proposed rule
in the Federal Register (86 FR 54298; September 30, 2021). The purpose
of such review is to ensure that our decisions are based on
scientifically sound data, assumptions, and analysis. We received
feedback from one of the five peer reviewers. We have incorporated the
results of this review, as appropriate, into the species assessment
form and this document.
Summary of Comments and Recommendations
In the proposed rule published on September 30, 2021 (86 FR 54298),
we requested that all interested parties submit written comments on the
proposal by November 29, 2021. We also contacted appropriate State
agencies, scientific experts and organizations, and other interested
parties and invited them to comment on the proposal. A newspaper notice
inviting the public to provide comments was published in USA Today on
October 8, 2021. All substantive information regarding the delisting of
P. glabra var. lanaiensis that was provided during peer review and the
comment period has been incorporated directly into this final
determination or into our species assessment form, as appropriate, or
is addressed below.
Peer Review Comments
We reviewed all comments we received from the peer reviewer for
substantive issues and new information regarding P. glabra var.
lanaiensis. The peer reviewer provided additional information and
clarifications on results of surveys, which we incorporated into the
species assessment form and this document.
Public Comments
We reviewed all public comments that we received on the proposed
rule (86 FR 54298; September 30, 2021). While there were many comments
that discussed other species in the proposed rule, there were no
comments that specifically addressed P. glabra var. lanaiensis. We did
not receive a request for a public hearing for this species.
Background
A thorough review of the taxonomy, range and distribution, life
history, and ecology of P. glabra var. lanaiensis is presented in the
species assessment form (Service 2021, entire) and is briefly
summarized here. Phyllostegia glabra var. lanaiensis is a short-lived
perennial herb. Flowering cycles, pollination vectors, seed dispersal
agents, longevity, specific environmental requirements, and limiting
factors of P. glabra var. lanaiensis remain unknown (USFWS 1995, p. 19;
USFWS 2012, p. 7). P. glabra var. lanaiensis was described as a variety
of P. glabra from specimens collected from Lanai by Ballieu, Munro, and
Mann and Brigham. It differed from P. glabra var. glabra in its longer
calyx (the collection of modified leaves that enclose the petals and
other parts of a flower) (0.3 inches or 10-11 millimeters) and narrowly
lanceolate leaves (Wagner et al. 1990, p. 816). No taxonomic changes
have been made since the variety was described in 1934.
Historically, P. glabra var. lanaiensis was known from only two
collections from Lanai, one from the ``mountains of Lanai,'' and the
other from Kaiholena Gulch, where it was last collected in 1914 (USFWS
1991, p. 47688; USFWS 1995, pp. 31-35; Wagner 1999, p. 269; Hawaii
Biodiversity and Mapping Program 2010, entire). A report of this
species from the early 1980s in a gulch feeding into the back of
Maunalei Valley probably was erroneous and likely P. glabra var. glabra
(USFWS 1995, pp. 31-35; USFWS 2003, p. 1223; Wagner 1999, p. 269). Very
little is known of the preferred habitat or associated species of P.
glabra var. lanaiensis on the island of Lanai. It has been observed in
lowland wet-mesic forest in gulch bottoms and sides, often in quite
steep areas, in the same habitat as the endangered Cyanea gibsonii
(also known as Cyanea macrostegia ssp. gibsonii) (USFWS 1995, p. 23).
Regulatory and Analytical Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and the criteria for designating
listed species' critical habitat (84 FR 45020; August 27, 2019).
Under the Act (16 U.S.C. 1531 et seq.), we must review the status
of all listed species at least once every 5 years. We must delist a
species if we determine, on the basis of the best available scientific
and commercial data, that the species is neither a threatened species
nor an endangered species. Our regulations at 50 CFR 424.11(e) identify
three reasons why we might determine that a listed species is neither
an endangered species nor a threatened species: (1) The species is
extinct; (2) the species does not meet the definition of an endangered
species or a threatened species; or (3) the listed entity does not meet
the statutory definition of a species.
In this document to withdraw the proposal to delist P. glabra var.
lanaiensis, we use the commonly understood biological definition of
``extinction'' as meaning that no living individuals of the species
remain in existence. A determination of extinction will be informed by
the best available information to indicate that no individuals of the
species remain alive, either in the wild or captivity. This is in
contrast to ``functional extinction,'' where individuals of the species
remain alive, but the species is no longer viable
[[Page 71522]]
and/or no reproduction will occur (e.g., any remaining females cannot
reproduce, only males remain, etc.).
In our analyses, we attempt to minimize the possibility of either
(1) prematurely determining that the species is extinct where
individuals exist but remain undetected, or (2) assuming the species is
extant when extinction has already occurred. Our determination of
whether the best available information indicates that the species is
extinct includes an analysis of the following criteria: detectability
of the species, adequacy of survey efforts, and time since last
detection. All three criteria take into account applicable aspects of
the species' life history. Other lines of evidence may also support the
determination and be included in our analysis.
In conducting our analysis of whether P. glabra var. lanaiensis is
extinct, we considered and thoroughly evaluated the best scientific and
commercial data available. We reviewed the information available in our
files, and other available published and unpublished information,
including information from recognized experts; Federal, State, and
Tribal governments; academic institutions; foreign governments; private
entities; and other members of the public.
The 5-year reviews of P. glabra var. lanaiensis contain more
detailed biological information. This supporting information can be
found on the internet at https://www.regulations.gov under Docket No.
FWS-R1-ES-2020-0104. The following information summarizes the analysis
for P. glabra var. lanaiensis.
Summary of Biological Status and Threats
Information on Detectability, Survey Effort, and Time Since Last
Detection
Species Detectability
Phyllostegia glabra var. lanaiensis is a short-lived perennial
herb. This taxon differs from the other variety by its longer calyces
and narrowly lanceolate leaves, suggesting that flowers should be
present in order to confirm identification. Most congeners (an organism
belonging to the same taxonomic genus as another organism) tend to
flower year-round, with peak flowering from April through June,
indicating that it would be easier to detect and confirm the species
during this time period.
Survey Effort
The PEPP surveys and monitors rare plant species on Lanai;
botanical surveys are conducted on a rotational basis, based on the
needs for collections and monitoring. Opportunistic surveys are also
conducted when botanists are within the known range and suitable
habitat when other work brings them to that area. No observations of P.
glabra var. lanaiensis have been reported since 1914. By 2012, PEPP
determined that this variety was likely extirpated (PEPP 2012, p. 45),
with very little chance of rediscovery due to the restricted known
range, thorough search effort, and extent of habitat degradation.
However, botanists were still searching for this taxon on any surveys
in or near its last known location and other suitable habitat,
including in January 2019 (Oppenheimer 2019, in litt.). In 2021, a new
population for each of two other endangered plant taxa, Cyanea lobata
ssp. baldwinii and C. gibsonii, were surprisingly discovered in gulches
(deep ravines), where these species had not recently been known to
occur, in small pockets of remnant native habitat within larger
disturbed habitat. C. gibsonii is a known associated species of P.
glabra var. lanaiensis. In January 2022, additional pockets of remnant
native habitat were discovered on the slopes of Kaiholena gulch, where
P. glabra var. lanaiensis had previously been known, and new locations
for a third endangered plant, Pleomele fernaldii, were discovered.
These pockets were observed from afar during survey efforts within the
gulch bottom, and additional surveys are needed to identify and search
these pockets within the lowland wet-mesic forest in this area, as well
as in adjacent gulches.
Time Since Last Detection
All P. glabra identified since 1914 have been determined to be P.
glabra var. glabra, and, therefore, P. glabra var. lanaiensis has not
been detected since 1914.
Analysis
Threats to the species included habitat degradation and herbivory
by feral ungulates such as axis deer (Axis axis), the establishment of
ecosystem-altering invasive plant species, and the consequences of
small population sizes. Historically, much of the native vegetation on
Lanai was altered by early land practices with the ranching of cattle
and sheep, clearing for pineapple cultivation, and introduction of
other feral animals such as goats and deer (USFWS 1990, pp. 38239-
38240). While many of these foreign introduced animals have been
removed from the island, habitat degradation and predation due to
animals such as axis deer remain a threat.
Since the 1990s, several species of exotic plants have become
common on the summit and in the gulches and valleys of Lanai.
Strawberry guava (Psidium cattleianum) is most common on the northern
end of Lanaihale (the highest point of the island of Lanai), firebush
(Myrica faya) is most common on the south end, and manuka (Leptospermum
scoparium) has spread throughout the island (USFWS 2020, p. 11). Kahili
ginger (Hedychium gardnerianum) is common on some of the valley floors,
as in Kaiholena Gulch, for instance, while koa haole (Leucaena
leucocephala), lantana (Lantana camara), and sourbush (Pluchea
carolinensis) also are aggressive invaders. These weedy plants are more
aggressive than the native species and more successfully compete for
water, minerals, space, and light. In the drier areas, broomsedge
(Andropogon virginicus) and Guinea grass (Megathyrsus maximus) are the
dominant exotic species (USFWS 2020, p. 11). Not only do these species
replace native plants, but they are a source of fuel, increasing the
potential threat of fire in the area.
Despite repeated surveys of historical and suitable habitat by
botanists from 2006 through 2019, P. glabra var. lanaiensis has not
been found since 1914 (PEPP 2012, p. 45; Oppenheimer 2019, in litt.).
In 2012, PEPP reported that P. glabra var. lanaiensis was likely
extinct. In 2019, the species was included on the list of possibly
extinct Hawaiian vascular plant taxa (Wood et al. 2019, p. 11). Since
2019, however, new surveys have indicated that several endangered
species have persisted in small pockets of remnant native forest within
largely degraded habitat. Due to the presence and location of these
pockets, as well as the associated species observed to date, we
conclude that additional surveys should be conducted for this taxon.
Summary of Analysis
At the time of its listing in 1991, P. glabra var. lanaiensis had
not been detected in over 75 years. Since its last detection in 1914,
botanical surveys have not detected the species. Available information
indicates that, while there are currently no known individuals of the
species, suitable habitat consisting of small patches of native forest
on steep slopes of gulches may provide refuge for individuals of this
taxon. These small remnant native forest patches, especially in steeper
locations along slopes of gulches where this taxon had previously been
observed, may offer some escape from direct feral ungulate damage when
animals cannot traverse
[[Page 71523]]
some small, extremely steep microsites. Additional surveys are needed
for this taxon before we can conclude it is extinct. Therefore, we are
withdrawing our proposed rule to remove P. glabra var. lanaiensis from
the List of Endangered and Threatened Plants.
References Cited
A complete list of references cited in this document is available
on the internet at https://www.regulations.gov at Docket No. FWS-R1-ES-
2020-0104 and upon request from the Pacific Islands Fish and Wildlife
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Branch of Delisting and Foreign Species, Ecological Services Program,
and Pacific Islands Fish and Wildlife Office.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-22376 Filed 10-16-23; 8:45 am]
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