[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15539]
[[Page Unknown]]
[Federal Register: June 27, 1994]
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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; Endangered Status
for Three Plants From the Waianae Mountains, Island of Oahu, HI
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for three plants: Cyanea grimesiana ssp. obatae (haha),
Diellia unisora (no common name (NCN)), and Gouania vitifolia (NCN).
These taxa are known primarily from the Waianae Mountain Range, located
on the island of Oahu, Hawaii. The three plant taxa and their habitats
have been adversely threatened to varying degrees by one or more of the
following--habitat degradation and competition for space, light, water,
and nutrients by naturalized, alien vegetation; and habitat degradation
and potential predation by feral animals. Because of the low number of
extant individuals and severely restricted distributions, populations
of these taxa are subject to an increased likelihood of extinction and/
or reduced reproductive vigor from stochastic events. This final rule
implements the Federal protection and recovery provisions provided by
the Act.
EFFECTIVE DATE: This rule becomes effective July 27, 1994.
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 Office, 300 Ala Moana
Boulevard, Room 6307, P.O. Box 50167, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Robert P. Smith, at the above address
(808/541-2749).
SUPPLEMENTARY INFORMATION:
Background
Cyanea grimesiana ssp. obatae and Diellia unisora are endemic to
the Waianae Mountain Range on the western side of the island of Oahu,
Hawaii. The only known extant population of Gouania vitifolia also
occurs in the Waianae Mountains, but the species is also known
historically from West Maui and the island of Hawaii.
The island of Oahu is formed from the remnants of two large shield
volcanoes, the older Waianae Volcano on the west and the younger Koolau
Volcano on the east. Because of the loss of their original shield
volcano shape as the result of extensive erosion, today these volcanoes
are called ``mountains'' or ``ranges,'' and consist of long, narrow
ridges. The Waianae Mountains were built by eruptions that took place
primarily along three rift zones. The two principal rift zones run in a
northwestward and south-southeastward direction from the summit, and a
lesser one runs to the northeast. The range is approximately 40 miles
(mi) (64 kilometers (km)) long. The caldera lies between the north side
of Makaha Valley and the head of Nanakuli Valley (Macdonald et al.
1983). The Waianae Mountains are in the rain shadow of the parallel
Koolau Mountains. Except for Mt. Kaala, the highest point on Oahu
(4,020 feet (ft)) (1,225 meters(m)), the Waianaes receive much less
rainfall (Wagner et al. 1990). The median annual rainfall for the
Waianae Mountains varies from 20 to 75 inches (in.) (50 to 190
centimeters (cm)), with only the small summit area of Mt. Kaala
receiving the highest amount.
The land that supports these three plant taxa is owned by the State
of Hawaii, the Federal government, and a private estate. Plants on
Federal land are located on portions of Lualualei Naval Reservation,
under the jurisdiction of the U.S. Department of Defense.
Discussion of the Three Taxa
Harold St. John (1978) described Cyanea grimesiana ssp. obatae
based upon a specimen collected by John K. Obata in the Kaluaa Gulch of
the Waianae Mountains, Oahu, in 1965. St. John named the subspecies in
honor of its discoverer.
Cyanea grimesiana ssp. obatae, a member of the bellflower family
(Campanulaceae), is a shrub, usually unbranched, growing from 3.3 to
10.5 ft (1 to 3.2 m) tall. Its leaves are 10.5 to 23 in. (27 to 58 cm)
long by 5.5 to 12.5 in. (14 to 32 cm) wide and are deeply cut into 9 to
12 lobes per side. The plant usually has small prickles on its stem and
leaves. Clusters of 6 to 12 stalked flowers arise from the leaf axils.
Sepals are fused to the ovary forming a cup 0.3 to 0.6 in. (0.7 to 1.6
cm) long with small, narrow, triangular lobes at the tips. The petals
are purplish or greenish to yellow-white, often washed or striped with
magenta, and are about 2 to 3 in. (5.5 to 8 cm) long and 0.2 to 0.4 in.
(0.5 to 1 cm) wide. Fruits are elliptical orange berries, 0.7 to 1.2
in. (1.8 to 3 cm) long. This subspecies can be distinguished from the
other two subspecies by its short, narrow, calyx lobes which are not
fused or overlapping (Lammers 1990, St. John 1978).
Historically, C. grimesiana ssp. obatae is known from the southern
Waianae Mountains from Puu Hapapa to Kaaikukai (Hawaii Heritage Program
(HHP) 1992a1 to 1992a6, Lammers 1990), a distance of about 4 mi (6.5
km). This taxon is known to be extant in Kaluaa Gulch, but may also
still exist in Ekahanui and North Palawai Gulches. All populations are
on privately owned land (HHP 1992a2, 1992a4, 1992a6; Joel Lau, The
Nature Conservancy, Steve Perlman, National Tropical Botanical Garden,
and Loyal Mehrhoff, U.S. Fish and Wildlife Service, pers. comms.,
1993). Five plants are known from the Kaluaa population and as many as
13 plants may be found in the other 2 populations (J. Lau, pers.
comms., 1992, 1993), though these populations have not been seen in the
last 10 years. C. grimesiana ssp. obatae typically grows on steep,
moist, shaded slopes in diverse mesic to wet forests at an elevation of
1,800 to 2,200 ft (550 to 670 m) (HHP 1992a2, Lammers 1990). Associated
plants include both native and introduced species such as Pipturus
albidus (mamaki), Charpentiera (papala), Claoxylon sandwicense
(po'ola), Pisonia (papala kepau), Acacia koa (koa), Aleurites moluccana
(kukui), Cyanea membranacea (haha), and various fern taxa (HHP 1992a2).
The major threats to C. grimesiana ssp. obatae are competition from
alien plants such as Clidemia hirta (Koster's curse) and Schinus
terebinthifolius (Christmas berry), predation of seeds or fruits by
introduced slugs, and stochastic extinction and/or reduced reproductive
vigor due to the small number of extant individuals (HHP 1992a2; L.
Mehrhoff, pers. comm., 1993). Habitat degradation by feral pigs is a
potential threat (HHP 1992a2).
Donald L. Topping discovered Diellia unisora growing on a shaded,
mossy bank in Pohakea Pass, Waianae Mountains, Oahu, in 1932. It was
first reported and illustrated by Frances Smith (1934) who believed it
to be a specimen of D. pumila, although she pointed out several
differences between that species and the Topping specimen. Warren H.
Wagner, Jr., believing that the plant discovered by Topping merited
specific recognition, described the new species, giving it the specific
epithet unisora in reference to the usually single, marginal spore-
producing body (Wagner 1951).
Diellia unisora, in the fern family Polypodiaceae, grows from a
slender, erect rhizome (underground stem), 0.2 to 1.2 in. (0.5 to 3 cm)
tall and 0.2 to 0.4 in. (0.5 to 1 cm) in diameter, which is covered
with the bases of the leaf stalks and a few small black scales. Stalks
of the fronds are black and shiny, and about 0.8 to 2 in. (2 to 5 cm)
long. The fronds are linear, 3 to 12 in. (8 to 30 cm) tall by 0.2 to
1.2 in. (0.5 to 3 cm) broad, with 20 to 35 pinnae (leaflets) per side,
and gradually narrowing towards the apex. The pinnae are usually
strongly asymmetrical in outline, unequally triangular, with mostly
entire (smooth) margins. There usually is a single marginal sorus (the
spore-producing body) running along the upper margin of the underside
of the pinna. This species is distinguished from others in the genus by
a rhizome completely covered by the persisting bases of the leaf
stalks, and few, very small scales, by sori mostly confined to the
upper pinnae margins, and by delicate fronds gradually and
symmetrically narrowing toward the apex (Wagner 1951, 1952).
Historically, D. unisora was known from steep, grassy, rocky slopes
on the western side of the Waianae Mountains, Oahu (HHP 1992b1 to
1992b4; Wagner 1951, 1952). This species is known to be extant in three
areas of the southern Waianae Mountains--South Ekahanui Gulch, Palawai
Gulch, and the Pualii-Napepeiauolelo Ridge (HHP 1992b2 to 1992b4). The
three known populations, which are on Lualualei Naval Reservation and
on privately owned land, are scattered over a distance of about 2 mi (3
km), and contain approximately 705 to 755 individuals (Center for Plant
Conservation 1992; HHP 1992b2 to 1992b4; J. Lau, pers. comm., 1993).
Diellia unisora is a terrestrial fern which typically grows in deep
shade or open understory in dryland forest at an elevation of 1,750 to
2,500 ft (530 to 760 m) (HHP 1992b2 to 1992b4). Associated species
include koa, Christmas berry, Psidium cattleianum (strawberry guava),
and Metrosideros polymorpha ('ohi'a), and a mixture of alien and native
grasses, forbs, and shrubs (HHP 1992b2 to 1992b4). The major threat to
D. unisora is competition from alien plant taxa (Christmas berry,
Melinus minutiflora (molasses grass), Passiflora suberosa (huehue
haole), and (strawberry guava). Habitat degradation by feral pigs is a
potential threat (HHP 1992b2, 1992b4).
Gouania vitifolia was first collected on dry hills in the district
of Waianai [Waianae] during the U.S. Exploring Expedition in 1840. Asa
Gray was given the task of preparing a report on all of the foreign
plants collected by the expedition. Of the two volumes he produced
concerning these specimens, only one was published, and in it G.
vitifolia was described as a new species (Gray 1854). The species
epithet was derived from the Latin vitis, a vine or grapevine, and
folium, leaf, as the toothed leaves of this species resemble those of
the grape. The Maui Island population of this species, first collected
above Lahaina on West Maui by Edward F. Bishop, probably in the 1870s,
was described and named G. bishopii in honor of its discoverer by
William Hillebrand (1888). In his monograph of the genus, St. John
(1969) described G. hawaiiensis as a new species based upon a
collection made in the Kau District of Hawaii Island in 1853 by Jules
Remy. Both of these taxa are currently considered synonyms of G.
vitifolia (Wagner et al. 1990).
Gouania vitifolia, a member of the buckthorn family (Rhamnaceae),
is a climbing shrub or woody vine with tendrils. Leaves are papery in
texture with a moderate to dense covering of short, soft hairs on both
surfaces. The leaves are elliptic to broadly oval in outline with
toothed or lobed margins and 1.2 to 3.2 in. (3 to 8 cm) long by 0.8 to
1.9 in. (2 to 4.8 cm) wide. Flowers are arranged in axillary spikes 0.3
to 2.8 in. (0.8 to 7 cm) long. The flowers are small with sepals and
petals ranging from 0.03 to 0.04 in. (0.7 to 1.1 mm) in length. Both
the sepals and petals are white. The 2- or 3-winged fruit are about 0.4
in. (9 to 10 mm) long. Seeds are oval, glossy, dark brown, and about
0.1 to 0.2 in. (3.4 to 5 mm) long. This species is the only Hawaiian
member of the genus with tendrils and toothed leaf margins (St. John
1969, Wagner et al. 1990).
Historically, G. vitifolia was known from West Maui, the Kau
District of the island of Hawaii, and the northwestern portion of the
Waianae Mountains in Makaleha, Keaau, and Waianae Kai Valleys (Degener
and Greenwell 1947, HHP 1992c1 to 1992c5, St John 1969, Wagner et al.
1990). A single population of five individuals was discovered in 1990
on the slopes of Waianae Kai Ridge on State-owned land (Anon. 1991, HHP
1992c5). The five plants are close to one another, growing in a single
patch in a forest of mostly naturalized, non-native taxa (HHP 1992c5),
and may represent clones of a single individual (Joel Lau, HHP, pers.
comm., 1992). A second, smaller patch was discovered near the first,
and probably represents a second clone. Information is scant, but data
from herbarium labels indicate that G. vitifolia prefers dry, rocky
ridges and slopes in dry shrubland or dry to mesic forests at an
elevation of about 2,000 ft (610 m). Associated taxa include strawberry
guava, kukui, Christmas berry, huehue haole, and mamaki (HHP 1992c5).
The major threats to G. vitifolia are competition from alien plant taxa
such as strawberry guava and Christmas berry, habitat destruction by
feral pigs, and stochastic extinction and/or reduced reproductive vigor
due to the small number of extant individuals, all of which may be
genetically identical (HHP 1992c5).
Previous Federal Action
Federal action on these plants began as a result of section 12 of
the Endangered Species Act (16 U.S.C. 1531 et seq.), which directed the
Secretary of the Smithsonian Institution to prepare a report on plants
considered to be endangered, threatened, or extinct in the United
States. This report, designated as House Document No. 94-51, was
presented to Congress on January 9, 1975. Diellia unisora was
considered threatened and Gouania vitifolia was considered extinct in
that document. 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.
Gouania vitifolia was considered endangered in the proposed rule, but
D. unisora, as a threatened species, was not included. 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
2 years old be withdrawn. A 1-year grace period was given to proposals
already over 2 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. The Service published updated
notices of review for plants on December 15, 1980 (45 FR 82479),
September 27, 1985 (50 FR 39525), and February 21, 1990 (55 FR 6183).
Gouania vitifolia was included as a Category 1* species on all three
notices of review. Category 1* species are those for which the Service
has on file substantial information on biological vulnerability and
threats in the recent past, but which may have already become extinct.
Because a population of G. vitifolia was discovered in 1990, it is
considered herein for listing. Diellia unisora was considered a
Category 1 species on the 1980 and 1985 notices, but was changed to a
Category 1* species on the 1990 notice. Category 1 species are those
for which the Service has on file substantial information on biological
vulnerability and threats to support preparation of listing proposals.
Cyanea grimesiana ssp. obatae first appeared on the 1990 notice, as a
category 2 species. Category 2 species are those for which there is
some evidence of vulnerability, but for which there are not enough data
to support listing proposals at the time. Additional recently acquired
biological information supports listing of C. grimesiana ssp. obatae.
The September 30, 1993, Federal Register (58 FR 51143) notice of review
indicated all three of these species were proposed for listing.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on certain pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1982, be treated as having been
newly submitted on that date. On October 13, 1983, the Service found
that the petitioned listing of these species was warranted but
precluded by other pending listing actions, in accordance with section
4(b)(3)(B)(iii) of the Act; notification of this finding was published
on January 20, 1984 (49 FR 2485). Such a finding requires the petition
to be recycled, pursuant to section 4(b)(3)(C)(i) of the Act. The
finding was reviewed in October of 1984, 1985, 1986, 1987, 1988, 1989,
1990, and 1991. Publication of the proposed rule constituted the final
1-year finding for these species.
On December 14, 1992, the Service published in the Federal Register
(57 FR 39066) a proposal to list the three plant taxa from the Waianae
Mountains, island of Oahu, as endangered. This proposal was based
primarily on information supplied by the Hawaii Heritage Program and
observations by botanists and naturalists. The Service now determines
the three species primarily from the Waianae Mountains to be endangered
with the publication of this final rule.
Summary of Comments and Recommendations
In the December 14, 1992, proposed rule and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final listing decision. The public comment period ended on January 28,
1993. 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 December 26, 1993. Two
letters of comment were received--one from a conservation organization
and the other from a concerned citizen--supporting the listing of these
taxa from the Waianae Mountains, island of Oahu, but raising no
specific issues.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR Part 424) promulgated
to implement the Act set forth the procedures for adding species to the
Federal lists. 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 Cyanea
grimesiana ssp. obatae St. John (haha), Diellia unisora W.H. Wagner (no
common name (NCN)), and Gouania vitifolia A. Gray (NCN) are as follows
(Table 1):
Table 1.--Summary of Threats
----------------------------------------------------------------------------------------------------------------
Alien animals
Species --------------------------------------------- Alien plants Limited
Pigs Goats Rodents numbers*
----------------------------------------------------------------------------------------------------------------
Cyanea grimesiana ssp. obatae........ P P P X X1,2
Diellia unisora...................... P P P X X1
Gouania vitifolia.................... X P P X X1,2
----------------------------------------------------------------------------------------------------------------
X=Immediate and significant threat.
P=Potential threat.
*No more than 100 individuals and/or no more than 5 populations.
1No more than 5 populations.
2No more than 10 individuals.
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The habitats of the plants
included in this final rule have undergone extreme alteration because
of past and present land management practices, including deliberate
alien plant and animal introductions, agricultural development, and
military use (Frierson 1973, Wagner et al. 1985). Competition with
alien plants and degradation of habitat by feral pigs are considered
the greatest present threats to the three taxa.
All of the three species are threatened by competition from one or
more alien plant taxa. Schinus terebinthifolius (Christmas berry), an
aggressive tree introduced to Hawaii before 1911 as an ornamental, has
had particularly detrimental impacts (Cuddihy and Stone 1990). This
fast-growing alien plant is able to form dense thickets, displacing
other plants, and also may release a chemical that inhibits the growth
of other species (Smith 1985). As early as the 1940s, Christmas berry
had invaded the dry slopes of Oahu and it is now replacing the native
vegetation of much of the southern Waianae Mountains (Cuddihy and Stone
1990). Christmas berry is gradually invading other areas of the Waianae
Mountains as well, and now threatens to occupy the habitat of the three
endangered plant taxa (HHP 1992a2, 1992b2 to 1992b4, 1992c5).
Psidium cattleianum (strawberry guava), a pervasive alien tree in
the southern Waianae Mountains, is distributed mainly by feral pigs and
fruit-eating birds (Smith 1985). Like Christmas berry, strawberry guava
is capable of forming dense stands to the exclusion of other plant taxa
(Cuddihy and Stone 1990). Populations of Diellia unisora and Gouania
vitifolia are immediately threatened by competition with this alien
plant (HHP 1992b3, 1992c5).
Clidemia hirta (Koster's curse), a noxious shrub first cultivated
in Wahiawa on Oahu, spread to the Koolau Mountains in the early 1960s,
where it is now rapidly displacing native vegetation. Koster's curse
spread to the Waianae Mountains around 1970 and is now widespread
throughout Honouliuli (Cuddihy and Stone 1990, Culliney 1988). This
species forms a dense understory, shading other plants and hindering
plant regeneration. At present, Koster's curse is the major threat to
Cyanea grimesiana ssp. obatae (HHP 1992a2).
The native vegetation of the leeward ridges of the Waianae
Mountains is being replaced by Melinus minutiflora (molasses grass),
another aggressive alien plant species. Molasses grass ranges from the
dry lowlands to the lower wet forests, especially in open areas with
sparse vegetation. This fire-adapted grass produces a dense mat capable
of smothering plants, provides fuel for fires, and carries fires into
areas with native woody plants (Cuddihy and Stone 1990). One population
of Diellia unisora is vulnerable to molasses grass (HHP 1992b2,
1992b4).
Passiflora suberosa (huehue haole), a vine that smothers small
plants in the subcanopy of dryland habitats (Smith 1985), poses an
immediate threat to some populations of Diellia unisora (HHP 1992b2,
1992b3). With its major infestations in the Waianae Mountains, it is
also a probable threat to the only known extant population of
Gouania vitifolia (HHP 1992c5).
Feral pigs (Sus scrofa) have been in the Waianae Mountains for
about 150 years and are known to be one of the major current modifiers
of forest habitats (Stone 1985). Pigs damage the native vegetation by
rooting and trampling the forest floor and encourage the expansion of
alien plants that are better able to exploit the newly tilled soils
than are native taxa (Stone 1985). Pigs also disseminate alien plant
taxa through their feces and on their bodies, accelerating the spread
of alien plant taxa within the native forest. Present throughout the
Waianae Mountains in low numbers, feral pigs pose a potential threat as
some pig trails and rooting have been seen in the general areas of all
three plant taxa included in this rule. The rooting was localized and
no direct damage to any of the three plant taxa was noted. However,
this situation could change very quickly (HHP 1992a2, 1992b2, 1992b3,
1992c5).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Illegal collecting for scientific or
horticultural purposes or excessive visits by individuals interested in
seeing rare plants could result from increased publicity. This is a
potential threat to all of the taxa included in this final rule, but
especially to Cyanea grimesiana ssp. obatae, which is known from only a
single population of five plants, and Gouania vitifolia, which is known
from only one population of two probable clones. Collection of whole
plants or reproductive parts of these taxa could cause an adverse
impact on the gene pool and threaten the survival of the taxa.
Disturbance to the area by human trampling also could promote erosion
and greater ingress by competing alien taxa.
C. Disease or predation. Introduced slugs have been observed to
feed on ripe fruits and seeds of Cyanea grimesiana ssp. obatae. This
predation could seriously affect the reproduction of this taxon (L.
Mehrhoff, pers. comm., 1993). In addition, rats (Rattus spp.) and feral
goats (Capra hircus), as well as feral pigs, are known from the area
and damage to fruits, seeds, and plants from their foraging on other
plant taxa has been observed.
D. The inadequacy of existing regulatory mechanisms. Of the three
taxa in this final rule, two have populations located on private land,
one on State land, and one on Federal land. Diellia unisora is known
only from Federal and private lands; Gouania vitifolia is known only
from State land; Cyanea grimesiana ssp. obatae is known only from
private lands. Federal listing automatically results in 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. However, the regulations are difficult to enforce because of
limited personnel. Hawaii's Endangered Species Act (HRS, Sect. 195D-
4(a)) states, ``Any species of aquatic life, wildlife, or wild 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 * * *'' Further, the State
may enter into agreements with Federal agencies to administer and
manage any area required for the conservation, management, enhancement,
or protection of endangered species (HRS, sect. 195D-5(c)). Funds for
these activities could be made available under section 6 of the Federal
Act (State Cooperative Agreements). Listing of these three plant taxa,
therefore, reinforces and supplements the protection available to the
taxa under State law. The Federal Act also offers additional protection
to these three taxa because it is a violation of the Act for any person
to remove, cut, dig up, damage, or destroy any such plant in an area
not under Federal jurisdiction in knowing violation of State law or
regulation or in the course of any violation of a State criminal
trespass law.
E. Other natural or manmade factors affecting its continued
existence. The small number of populations and individuals of all of
these taxa increases the potential for extinction from stochastic
events. The limited gene pool may depress reproductive vigor, or a
single human-caused or natural environmental disturbance could destroy
a significant percentage of the individuals or the only known extant
population. All three taxa in this rule are known from three or fewer
populations.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these taxa in determining to issue this final
rule. Based on this evaluation, the preferred action is to list these
three plant taxa as endangered. These taxa are known from fewer than
five populations. The three taxa are threatened by one or more of the
following: Habitat degradation and competition from alien plants;
habitat degradation and potential predation by feral animals,
particularly pigs; and lack of legal protection or difficulty in
enforcing laws which are already in effect. Small population size and
limited distribution make these taxa particularly vulnerable to
extinction and/or reduced reproductive vigor from stochastic events.
Because these three 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.
Critical habitat is not being designated for the three taxa
included in this rule, for reasons discussed in the ``Critical
Habitat'' section of this final rule.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate
critical habitat at the time a species is listed as endangered or
threatened. The Service finds that designation of critical habitat is
not presently prudent for these taxa. The publication of precise maps
and descriptions of critical habitat in the Federal Register and local
newspapers as required in a proposal for critical habitat would
increase the degree of threat to these plants from take or vandalism
and, therefore, could contribute to their decline and increase
enforcement problems. The listing of these taxa as endangered
publicizes the rarity of the plants and thus can make these plants
attractive to researchers, curiosity seekers, or collectors of rare
plants. All involved parties and the major landowners have been
notified of the importance of protecting the habitat of these taxa.
Protection of the habitat of the taxa will be addressed through the
recovery process. Although one of these taxa is located on a federally
owned military reservation, it is on steep slopes near the reservation
boundaries where it is unlikely to be impacted by Federal activities.
Therefore, the Service finds that designation of critical habitat for
these taxa is not prudent at this time, because such designation would
increase the degree of threat from vandalism, collecting, or other
human activities and because it is unlikely to aid in the conservation
of these taxa.
Available Conservation Measures
Conservation measures provided to species listed as endangered
under the Endangered Species Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing results in public awareness and
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
actions be carried out for all 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 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)(4) requires Federal agencies to confer informally with the
Service on any action that is likely to jeopardize the continued
existence of species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
insure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of the 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.
One of these plant taxa. Diellia unisora, is located on the Lualualei
Naval Reservation under the jurisdiction of the U.S. Department of
Defense. However, because the plant is located on steep slopes near the
reservation boundaries, it is unlikely to be impacted by Federal
activities. There are no other known Federal activities that occur
within the present known habitat of these three plant taxa.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 set forth a series of general prohibitions and
exceptions that apply to all endangered plant species. With respect to
the three endangered plant taxa, 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 with respect to any endangered plant for any
person subject to the jurisdiction of the United States to import or
export; transport in interstate or foreign commerce in the course of a
commercial activity; sell or offer for sale in interstate or foreign
commerce; remove and reduce to possession any such species from an area
under Federal jurisdiction; maliciously damage or destroy any such
species on any area under Federal jurisdiction; or remove, cut, dig up,
damage, or destroy any such species on any other area in knowing
violation of any State law or regulation or in the course of any
violation of a State criminal trespass law. Certain exceptions apply to
agents of the Service and State conservation agencies. The Act and 50
CFR 17.62 and 17.63 also provide for the issuance of permits to carry
out otherwise prohibited activities involving endangered plant species
under certain circumstances. It is anticipated that few trade permits
would ever be sought or issued because the plants are not common in
cultivation nor in the wild.
Requests for copies of the regulations concerning listed plants and
inquiries regarding prohibitions and permits may be addressed to the
Office of Management Authority, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Room 432, Arlington, Virginia 22203-3507 (703/358-
2104).
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
A complete list of all references cited herein, as well as others,
is available upon request from the Pacific Islands Office (see
ADDRESSES section).
Authors
The primary authors of this rule are Marie M. Bruegmann, Loyal A.
Mehrhoff, and Derral R. Herbst of the Fish and Wildlife Service Pacific
Islands Office (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 hereby 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.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the families indicated, and by adding a new
family ``Polypodiaceae--Fern family,'' in alphabetical order, to the
List of Endangered and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Species
---------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Campanulaceae--Bell
flower family:
Cyanea Haha.............. U.S.A. (HI)....... E 540 NA NA
grimesiana ssp
obatae.
* * * * * * *
Polypodiaceae--Fern
family:
Diellia unisora None.............. U.S.A. (HI)....... E 540 NA NA
* * * * * * *
Rhamnaceae--Bucktho
rn family:
Gouania None.............. U.S.A. (HI)....... E 540 NA NA
vitifolia.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 6, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-15539 Filed 6-24-94; 8:45 am]
BILLING CODE 4310-55-P
