[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4372-4373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2488]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB88
Endangered and Threatened Wildlife and Plants; Final Rule To
Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines to
remove a plant, Bidens cuneata (cuneate bidens), from the List of
Endangered Plants. This action is based on a review of the best
available scientific and commercial data, which indicate that this
plant is not a discrete taxonomic entity and therefore does not meet
the definition of a species as defined by the Endangered Species Act of
1973, as amended (Act). Extensive studies associated with a recent
revision of the Hawaiian members of the genus have concluded that
Bidens cuneata is an outlying population of Bidens molokaiensis, which
is common along the windward cliffs of the island of Molokai.
EFFECTIVE DATE: February 6, 1996.
ADDRESSES: The complete file for this final rule is available for
public inspection, by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Pacific Islands Ecoregion, 300 Ala
Moana Boulevard, Room 3108, P.O. Box 50088, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands
Ecoregion Manager, at the above address (808/541-2749).
SUPPLEMENTARY INFORMATION:
Background
The type specimen for Bidens cuneata was collected on Diamond Head,
Oahu, by William A. Bryan on December 6, 1903, and was formally
described by Earl E. Sherff in 1920 (Sherff 1920, Takeuchi 1980).
Subsequent to its initial discovery, there were no further collections
or observations of the species, leading botanists to believe that it
could have gone extinct. In 1955, the species was rediscovered in the
area where it was collected originally (Takeuchi 1980).
Hybrids of the Hawaiian Bidens species can readily be induced
experimentally and result in highly fertile progeny, indicating a
general lack of genetic barriers within the group. Based upon
experimental crosses in the Hawaiian members of the genus, Gillette and
Lim (1970) concluded that Bidens cuneata was a natural hybrid between
Bidens mauiensis, native to the island of Maui, and Bidens
molokaiensis, which is restricted to Molokai Island; however, few
botanists accepted this conclusion. Citing the occurrence of natural
and experimental hybrids, Gillette (1975) later contended that the 41
species of Hawaiian Bidens placed by Sherff in section Campylotheca
should be considered a single species. Recent systematic studies of the
genus (including additional experimental hybridizations) culminated in
a revision of the Hawaiian members of the genus (Ganders and Nagata
1990). In this publication, Bidens cuneata was considered conspecific
with Bidens molokaiensis, a common species found along the northern
side of Molokai Island. Bidens molokaiensis occurs between sea level
and 150 meters (500 feet) in elevation along the seashores, sea cliffs,
talus slopes, and fields of northern Molokai from Hoolehua to Kaonihu,
a distance of about 37 kilometers (23 miles) or about two-thirds the
length of the island.
Previous Federal Action
Federal action on Bidens cuneata began as a result of section 12 of
the Act, which directed the Secretary of the Smithsonian Institution to
prepare a report on plants considered to be endangered, threatened, or
extinct in the United States. This report, designated as House Document
No. 94-51, was presented to Congress on January 9, 1975. In that
document Bidens cuneata was considered to be endangered. On July 1,
1975, the Service published a notice in the Federal Register (40 FR
27823) of its 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 its intention to review the status of the plant
species named therein. As a result of that review, on June 16, 1976,
the Service 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, including Bidens
cuneata. The list of 1,700 plant species was assembled on the basis of
comments and data received by the Smithsonian Institution and the
Service in response to House Document No. 94-51 and the July 1, 1975,
Federal Register publication.
General comments received in response to the 1976 proposal are
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). In 1978, amendments to the Act required that all proposals over
two years old be withdrawn. A one-year grace period was given to
proposals already over two years old. On December 10, 1979, the Service
published a notice in the Federal Register (44 FR 70796) withdrawing
the portion of the June 16, 1976, proposal that had not been made
final, along with four other proposals that had expired.
Bidens cuneata was proposed for listing as an endangered species on
August 23, 1982 (47 FR 36675). The public comment period ended on
November 22, 1982. The final rule listing Bidens cuneata as an
endangered species was published in the Federal Register on February
17, 1984 (49 FR 6099). On July 7, 1993, the Service published in the
Federal Register (57 FR 47028) a proposal to delist Bidens cuneata.
This proposal was based primarily on information from current taxonomic
literature, which is the best scientific and commercial information
available. The Service now determines Bidens cuneata should be delisted
with the publication of this rule.
Summary of Comments and Recommendations
In the July 7, 1993, proposed rule (57 FR 47028) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. Appropriate State agencies, county governments, Federal
agencies, scientific organizations, and other interested parties were
contacted and requested to comment. A newspaper notice inviting public
comment was published in the ``Honolulu Advertiser'' on August 6, 1993.
The public comment period ended on September 7, 1993. No comments were
received.
Summary of Factors Affecting the Species
The Act and its implementing regulations, 50 CFR 424.11, require
that certain factors be considered before a species can be listed,
reclassified, or delisted. These factors and their
[[Page 4373]]
application to Bidens cuneata Sherff (cuneate bidens) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Bidens cuneata has been determined
to be no more than an outlying population of Bidens molokaiensis, a
common species native to the northern part of Molokai. Bidens
molokaiensis is not significantly threatened with destruction,
modification, or curtailment of its habitat throughout a significant
portion of its range. The final rule (49 FR 6099) designating Bidens
cuneata as an endangered species identified habitat degradation,
possible reduction of reproductive success due to a decline of native
pollinating insects, and potential fire hazards as threats contributing
to the endangerment of that species. If Bidens cuneata were a valid
taxon and met the definition of a species as described by the Act, then
these factors would be relevant. However, since the entity shows no
genetic integrity independent of Bidens molokaiensis, it cannot be
scientifically defended as either a species or subspecies.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Such overutilization is not known to be a factor
for Bidens molokaiensis, which includes Bidens cuneata.
C. Disease or predation. Disease or predation is not a threat to
Bidens molokaiensis, which includes Bidens cuneata.
D. The inadequacy of existing regulatory mechanisms. Federal
listing of a species as endangered or threatened automatically invokes
listing under Hawaii State law, which prohibits taking of endangered
plants in the state and encourages conservation by State agencies.
State regulations prohibit the removal, destruction, or damage of
plants found on State lands. This final rule may remove the protection
of the State laws that this population presently enjoys as a federally
listed species. It also requires the reevaluation of Bidens cuneata in
the context of its status in State land use planning documents.
However, since Bidens molokaiensis is a common species, this is not
expected to have a detrimental effect.
E. Other natural or manmade factors affecting its continued
existence. None known.
The regulations at 50 CFR 424.11(d) state that a species may be
delisted if: (1) it becomes extinct, (2) it recovers, or (3) the
original classification data were in error. The Service believes that
the best current scientific information demonstrates that Bidens
cuneata does not represent a valid taxonomic entity and, therefore,
does not meet the definition of species as defined in section 3(15) of
the Act.
In accordance with 5 U.S.C. 553(d), the Service has determined that
this rule relieves an existing restriction and good cause exists to
make the effective date of this rule immediate. Delay in implementation
of this delisting would cost government agencies staff time and monies
on conducting formal section 7 consultation on actions which may affect
a species no longer in need of the protection under the Act. Relieving
the existing restriction associated with this listed species will
enable Federal agencies to minimize any further delays in project
planning and implementation for actions that may affect Bidens cuneata.
Effects of Rule
The action to delist Bidens cuneata results in the removal of this
species from the List of Endangered and Threatened Plants. Federal
agencies are no longer required to consult with the Secretary of the
Interior to insure that any action authorized, funded, or carried out
by such agency is not likely to jeopardize the continued existence of
Bidens cuneata. There is no designated critical habitat for this
species. Federal restrictions on taking this species no longer apply.
There are no specific preservation or management programs for the
species to be terminated.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment or Environmental Impact Statement, 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 Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Ganders, F.R., and K.M. Nagata. 1990. Bidens: in Wagner, W.L., D.R.
Herbst, and S.H. Sohmer, Manual of the flowering plants of Hawai'i.
University of Hawaii Press and Bishop Museum Press, Honolulu. Bishop
Mus. Spec. Publ. 83:267-283.
Gillette, G.W. 1975. The diversity and history of Polynesian Bidens,
section Campylotheca. Univ. Hawaii Harold L. Lyon Arbor. Lecture
6:1-32.
Gillette, G.W., and E.K.S. Lim. 1970. An experimental study of the
genus Bidens (Asteraceae) in the Hawaiian Islands. Univ. Calif.
Publ. Bot. 56:1-63.
Sherff, E.E. 1920. Studies in the genus Bidens. V. Bot. Gaz. 70:89-
109.
Takeuchi, W. 1980. Unpublished status survey of Bidens cuneata
Sherff. U.S. Fish and Wildlife Service, Honolulu, 29 pp.
Author
The author of this final rule is Marie M. Bruegmann, Pacific
Islands Ecoregion (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry ``Bidens
cuneata'' under ``FLOWERING PLANTS'' from the List of Endangered and
Threatened Plants.
Dated: November 3, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 96-2488 Filed 2-5-96; 8:45 am]
BILLING CODE 4310-55-P
