[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: 94-15540]
[[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-AC56
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for the Plant Delissea undulata (No Common Name)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes
endangered species status pursuant to the Endangered Species Act of
1973, as amended (Act), for the plant Delissea undulata (No Common
Name). This species is known only from one individual, located on the
island of Hawaii. The greatest immediate threats to the survival of
this species are habitat degradation and predation by domestic and
feral mammals, fire, and competition with alien plants. The small
population size of one individual with its limited gene pool also
comprises a serious threat to this species. This proposal, if made
final, would implement the Federal protection and recovery provisions
provided by the Act.
DATES: Comments from all interested parties must be received by August
26, 1994. Public hearing requests must be received by August 11, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to Robert P. Smith, Field Supervisor, Pacific Islands Field
Office, U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard, Room
6307, P.O. Box 50167, Honolulu, Hawaii 96850. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Marie M. Bruegmann, at the above
address (808/541-3441).
SUPPLEMENTARY INFORMATION:
Background
Delissea undulata was first described by Charles Gaudichaud-Beaupre
from specimens he collected in the Hawaiian Islands (``Isles
Sandwich'') in 1819 (St. John 1959). He chose the specific epithet to
refer to the undulating margins of the leaves. F.E. Wimmer named a
specimen J.F. Rock collected in 1911 from Kanahaha, Kona, as Cyanea
arqutidenta, which H. St. John later moved to the genus Delissea (St.
John 1959, Wimmer 1943). St. John also named a specimen collected in
1968 from the southern Kona District as D. konaensis (St. John 1986).
The current treatment of the family (Lammers 1988, 1990) considers all
of the above species to be synonymous with D. undulata. Lammers
recognizes three subspecies of D. undulata: subsp. niihauensis, subsp.
kauaiensis, and subsp. undulata (Lammers 1988, 1990).
Delissea undulata of the bellflower family (Campanulaceae) is a
palm-like tree with unbranched woody stems 2 to 10 meters (m) (6 to 30
feet (ft)) tall. The leaves are long and narrow or elliptic with long
petioles and undulate or flat, toothed margins, about 5 to 21
centimeters (cm) (2 to 8 inches (in)) long and 3 to 10 cm (1 to 4 in)
wide. The flowering stalk bears 5 to 20 greenish-white, slightly down-
curved flowers 1.6 to 2.5 cm (0.6 to 1.0 in) long with one or two small
knobs on the upper surfaces. The fruits are ovoid to globose purple
berries 0.6 to 1.2 cm (0.2 to 0.4 in) long. The three subspecies of D.
undulata can be distinguished from each other by leaf shape and leaf
margin characteristics: subsp. kauaiensis has ovate leaves with flat,
sharply toothed margins; subsp. niihauensis has leaves with heart-
shaped bases and shallow roundly toothed margins; and subsp. undulata
has narrower, lance-shaped leaves with undulating margins and
spreading, pointed teeth (Lammers 1988, 1990). The species D. undulata
is distinguished from closely related species in this genus by its
broader leaf bases, larger flowers, and larger berries (Lammers 1990).
Historically, D. undulata is known from Niihau, Kauai, Maui, and
Hawaii. Subspecies kauaiensis was collected west of the Hanapepe River
on the island of Kauai by A.A. Heller in 1895 and has not been
relocated (Hawaii Heritage Program (HHP) 1991a, Heller 1897, Lammers
1988). Subspecies niihauensis was collected twice in the 1800's on the
island of Niihau and has not been located since (HHP 1991b, Hillebrand
1888, St. John 1959). Both of these subspecies are considered extinct
(HHP 1991a, 1991b; Lammers 1990). Delissea undulata subsp. undulata was
reported from four valleys of southwestern Maui in the 1800's, and from
the Kona region of the island of Hawaii (HHP 1991c1 to 1991c9). This
subspecies was observed in 1971 at Puu Lehua and was subsequently
thought to be extinct (HHP 1991c6, Lammers 1990). However, one
individual plant was discovered on April 24, 1992, at Puu Waawaa, at a
previously unreported location on Hualalai on the island of Hawaii (Jon
Giffin, Hawaii Department of Land and Natural Resources (Hawaii DLNR),
in litt. 1993).
Delissea undulata grows primarily in dry and mesic forests at about
1,000 to 1,750 m (3,300 to 5,700 ft) elevation (Lammers 1990; J.
Giffin, in litt., 1993). The substrate is a thin organic soil layer
over 'a'a or pahoehoe lava (Department of Geography 1983). The only
known individual grows on the brink of a collapsed lava tube at 1070 m
(3520 ft) elevation. The vegetation is open Sophora chrysophylla
(mamane)-Metrosideros polymorpha ('ohia) forest with such associated
species as Santalum ellipticum ('iliahi) and Acacia koa (koa). The
endangered species Nothocestrum breviflorum ('aiea) also is found in
the area of the one remaining individual of D. undulata. Introduced
plants in the area include Pennisetum clandestinum (kikuyu grass),
Passiflora mollissima (banana poka), and Senecio mikanioides (German
ivy) (J. Giffin, in litt., 1993).
The greatest immediate threats to the survival of D. undulata are
damage from domestic and feral herbivores and competition with alien
plants. Fire, whether started naturally or by arson, poses a serious
threat to the population. The small population size of one individual
with its limited gene pool also comprises a serious threat to this
species (J. Giffin, in litt., 1993).
Previous Federal Action
Federal action on this species 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. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975. On July 1, 1975, the Service published a notice in the
Federal Register (40 FR 27823) accepting the report as a petition
within the context of section 4(c)(2) (now section 4(b)(3)(A)) of the
Act, and giving notice of its intention to review the status of the
plant taxa named therein. In this and subsequent notices, D. undulata
var. undulata was included as extinct, and D. undulata var. argutidenta
was included as endangered. As a result of this review, on June 16,
1976, the Service published a proposed rule in the Federal Register (41
FR 24523) to determine approximately 1,700 vascular plant species,
including D. undulata, endangered pursuant to section 4 of the Act. 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) of the withdrawal of that portion
of the June 16, 1976, proposal that had not been made final, along with
four other proposals that had expired.
The Service published an updated Notice of Review for plants on
December 15, 1980 (45 FR 82480), including D. undulata as a category 1
candidate, meaning that the Service had substantial information
indicating that a listing proposal was appropriate. In the updated
Notice of Review for plants on September 27, 1985 (50 FR 39525), and
February 21, 1990 (55 FR 6183), D. undulata was included as a Category
1* candidate, meaning that the Service had substantial information
indicating that this taxon was vulnerable in the recent past but may
already have become extinct. Section 4(b)(3)(B) of the 1982 amendments
to 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. The
latter was the case for D. undulata because the Service had accepted
the 1975 Smithsonian report as a petition. On October 13, 1983, the
Service found that the listing of the 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, 1991, and 1992. Publication of the present proposal constitutes
the final 1-year finding.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of 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 Delissea undulata Gaud. (No Common Name) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The habitat of Delissea undulata has undergone extreme alteration
because of past and present land management practices, including
deliberate and accidental alien mammal and plant introductions and
agricultural development. Natural disturbances such as the collapse of
lava tubes also destroy habitat and can have a significant effect on
small populations of plants. Competition with alien plants as well as
destruction of individuals and modification of habitat by introduced
animals are the primary threats facing this species.
Beginning with Captain James Cook in 1792, early European explorers
introduced livestock, which became feral, increased in number and
range, and caused significant changes to the natural environment of
Hawaii. The 1848 provision for land sales to individuals allowed large-
scale agricultural and ranching ventures to begin. Land was cleared for
these enterprises to such a great extent that climatic conditions began
to change and the amount and distribution of rainfall were altered
(Wenkam 1969).
Past and present impacts of introduced alien animals are the
primary factor in altering and degrading vegetation and habitats on the
island of Hawaii as well as on Kauai and Maui, where populations of D.
undulata previously existed. Feral ungulates trample and eat native
vegetation and disturb open areas. This causes erosion and allows the
invasion of alien plant species (Cuddihy and Stone, 1990, Wagner et al.
1990). Delissea undulata is threatened by habitat degradation resulting
from introduced ungulates (e.g., cattle, goats, sheep, and pigs).
Habitat degradation by these ungulates threatens the only known
individual plant, any potential natural germination of seedlings, as
well as potential suitable habitat occurring throughout the historic
range of the species.
Cattle (Bos taurus), native to Europe, northern Africa, and
southwestern Asia, were introduced to the Hawaiian Islands in 1793.
Large feral herds developed as a result of restrictions on killing
cattle decreed by King Kamehameha I. Large ranches in the tens of
thousands of acres were created on Maui and Hawaii. Much of the land
used in these private enterprises was leased from the State or was
privately owned. Feral cattle formerly existed on Maui and damaged the
forests there. Feral cattle are presently found on the island of
Hawaii, and ranching is still a major commercial activity there. Cattle
eat native vegetation, trample roots and seedlings, cause erosion,
create disturbed areas into which alien plants invade, and spread seeds
of alien plants in their feces and on their bodies. The forest becomes
degraded to grassland pasture in areas grazed by cattle, and plant
cover is reduced for many years following removal of cattle from an
area. Several alien grasses and legumes purposely introduced for cattle
forage have become noxious weeds (Cuddihy and Stone 1990, Tomich 1986).
Cattle have altered and degraded the vegetation of much of Hawaii,
including the areas where D. undulata may have formerly grown, and
where it is still known to exist (Tomich 1986; J. Giffin, in litt.,
1993). Hunting of feral cattle is no longer allowed in Hawaii (Hawaii
DLNR 1985).
Goats (Capra hircus), native to the Middle East and India, were
successfully introduced to the Hawaiian Islands in 1792, and currently
there are populations on Kauai, Oahu, Molokai, Maui, and Hawaii. On
Kauai, feral goats have been present in drier, more rugged areas since
1820; they still occur in Waimea Canyon. On Hawaii, goats damage low
elevation dry forest, montane parkland, subalpine woodlands, and alpine
grasslands. Goats are managed in Hawaii as a game animal, but many
herds populate inaccessible areas where hunting has little effect on
their numbers. Goat hunting is allowed year-round or during certain
months, depending on the area (Hawaii DLNR n.d., 1985). Goats browse on
introduced grasses and native plants, especially in drier and more open
ecosystems. They also trample roots and seedlings, cause erosion, and
promote the invasion of alien plants. They are able to forage in
extremely rugged terrain and have a high reproductive capacity (Cuddihy
and Stone 1990, Culliney 1988, Tomich 1986). Delissea undulata
currently is threatened by goats that use the area where the single
known individual exists (J. Giffin, in litt., 1993).
Sheep (Ovis aries) became firmly established on the island of
Hawaii (Tomich 1986) following their introduction almost 200 years ago
(Cuddihy and Stone 1990). Like feral goats, sheep roam the upper
elevation dry forests, including Puu Waawaa, causing damage similar to
that of goats (Stone 1985). Sheep have decimated vast areas of native
forest and shrubland on Hawaii. Sheep threaten the habitat of D.
undulata (Cuddihy and Stone 1990; J. Giffin, in litt., 1993) as well as
individual plants.
Pigs (Sus scrofa) are originally native to Europe, northern Africa,
Asia Minor, and Asia. European pigs, introduced to Hawaii by Captain
James Cook in 1778, became feral and invaded forested areas, especially
wet and mesic forests and dry areas at high elevations. They currently
are present on Kauai, Oahu, Molokai, Maui, and Hawaii and inhabit rain
forests and grasslands. Pig hunting is allowed on all islands either
year-round or during certain months, depending on the area (Hawaii DLNR
n.d., 1985). While rooting in the ground in search of the invertebrates
and plant material they eat, feral pigs disturb and destroy vegetative
cover, trample plants and seedlings, and threaten forest regeneration
by damaging seeds and seedlings. They disturb soil substrates and cause
erosion, especially on slopes. Alien plant seeds are dispersed in their
hooves and coats as well as through their digestive tracts, and the
disturbed soil is fertilized by their feces, helping these plants to
establish (Cuddihy and Stone 1990, Smith 1985, Stone 1985, Tomich 1986,
Wagner et al. 1990). Feral pigs pose a threat to D. undulata and its
habitat (J. Giffin, in litt., 1993).
B. Overutilization For Commercial, Recreational, Scientific, or
Educational Purposes
Unrestricted collecting for scientific or horticultural purposes
and excessive visits by individuals interested in seeing rare plants
could result from increased publicity. This is a potential threat to
Delissea undulata, which is represented by only one known individual.
The species is of some horticultural and ornamental interest. Taking
and vandalism are potential threats that could result from increased
specific publicity.
C. Disease or Predation
Cattle, goats, pigs, and sheep have been reported in the area where
Delissea undulata is known to occur. As this taxon is not known to be
unpalatable to these ungulates, predation is a probable threat where
these animals have been reported. The lack of seedlings and the
occurrence of the only known individual in an area less accessible to
ungulates seem to indicate the effect that browsing mammals, especially
cattle, have had in restricting the distribution of this plant. Though
not legally obligated to protect the species, the State fenced the one
individual to protect it from further damage by ungulates (J. Giffin,
in litt., 1993). See Factor D.
Of the four species of rodents which have been introduced to the
Hawaiian Islands, the species with the greatest impact on the native
flora and fauna is probably the roof or black rat (Rattus rattus),
which now occurs on all the main Hawaiian Islands around human
habitations, in cultivated fields, and in dry to wet forests. Roof
rats, and to a lesser extent house mouse (Mus musculus), Polynesian rat
(R. exulans), and Norway rat (R. norvegicus) eat the fruits of some
native plants, especially those with large, fleshy fruits. Many native
Hawaiian plants produce their fruit over an extended period of time,
and this produces a prolonged food supply which supports rodent
populations. It is probable that rats damage the fleshy fruit of D.
undulata. Introduced game birds also may eat the fruits (J. Giffin, in
litt., 1993).
D. The Inadequacy of Existing Regulatory Mechanisms
The only known population of Delissea undulata occurs on State
land. The species is not presently listed as an endangered species by
the State of Hawaii. Therefore no State regulatory protection is in
effect for this species. State laws relating to the conservation of
biological resources allow for the acquisition of land as well as the
development and implementation of programs concerning the conservation
of biological resources (HRS, sect. 195D-5(a)). Hawaii's Endangered
Species Act 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)). Federal listing would automatically invoke listing
under Hawaii State law, which prohibits taking of endangered plants in
the State and encourages conservation by State agencies (HRS, sect.
195D-4). The State also 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)). If listing were to occur, funds for these activities
could be made available under section 6 of the Federal Act (State
Cooperative Agreements).
Conservation district lands (HRS, sect. 205-4) are regarded, among
other purposes, as necessary for the protection of endemic biological
resources and the maintenance or enhancement of the conservation of
natural resources. Requests for amendments to district boundaries or
variances within existing classifications can be made by government
agencies and private landowners (HRS, sect. 205-4). The Hawaii
Department of Land and Natural Resources is mandated to initiate
changes in conservation district boundaries to include ``the habitat of
rare native species of flora and fauna within the conservation
district'' (HRS, sect. 195D-5.1). Hawaii environmental policy, and thus
approval of land use, is required by law to safeguard ``. . . 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)).
Federal listing, because it automatically invokes State listing, would
also trigger these other State regulations protecting D. undulata.
Federal listing as endangered would offer additional protection to this
species since it would be 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 fact that there is only one remaining individual of Delissea
undulata 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 the
only known extant individual. This constitutes a major threat to D.
undulata.
Natural changes to habitat and substrate can result in the death of
individual plants as well as the destruction of their habitat. This
especially affects the continued existence of taxa or populations with
limited numbers and/or narrow ranges and is often exacerbated by human
disturbance and land use practices (See Factor A). Additional collapse
of the lava tube where the only known individual of D. undulata occurs
is a potential threat to this species (J. Giffin, in litt., 1993).
Three species of introduced plants threaten D. undulata. The
historic native flora of Hawaii consisted of about 1,000 species, 89
percent of which were endemic. Of the total native and naturalized
Hawaiian flora of 1,817 species, 47 percent were introduced from other
parts of the world and nearly 100 species have become pests (Smith
1985, Wagner et al. 1990). Naturalized, introduced species degrade the
Hawaiian landscape and compete with native plants for space, light,
water, and nutrients (Cuddihy and Stone 1990). Some of these species
were brought to Hawaii by various groups of people, including the
Polynesian immigrants, for food or cultural reasons. Plantation owners,
alarmed at the reduction of water resources for their crops caused by
the destruction of native forest cover by grazing feral animals,
supported the introduction of alien tree species for reforestation.
Ranchers intentionally introduced pasture grasses and other species for
agriculture, and sometimes inadvertently introduced weed seeds as well.
Other plants were brought to Hawaii for their potential horticultural
value (Cuddihy and Stone 1990, Wenkam 1969).
Passiflora mollissima (banana poka), a woody vine, poses a serious
problem to mesic forests on Kauai and Hawaii by covering trees,
reducing the amount of light that reaches trees as well as understory,
and causing damage and death to trees by the weight of the vines.
Animals, especially feral pigs, eat the fruit and distribute the seeds
(Cuddihy and Stone 1990, Escobar 1990). P. mollissima is a threat to D.
undulata and its habitat (J. Giffin, in litt., 1993.
Senecio mikanioides (German ivy) is another vine that poses a
serious threat to mesic and dry forests on Hawaii. It is becoming
established on Maui as well. Senecio mikanioides may be capable of
establishing itself over vast areas of the island of Hawaii, including
most of Hualalai. The vine covers the forest canopy, which can result
in structural damage and the reduction of available light. Senecio
mikanioides also can form a significant ground cover in native forests
of the southern Kona region of Hawaii where it may limit native plant
reproduction (Cuddihy and Stone 1990). Senecio mikanioides threatens D.
undulata and its habitat (J. Giffin, in litt., 1993).
Pennisetum clandestinum (Kikuyu grass), an aggressive, fire
adapted, perennial grass introduced to Hawaii as a pasture grass,
withstands trampling and grazing and has naturalized on four Hawaiian
Islands in dry to mesic forest. It produces thick mats which choke out
other plants and prevent their seedlings from becoming established. It
has been declared a noxious weed by the U.S. Department of Agriculture
(7 CFR 360) (O'Connor 1990, Smith 1985). Because Hawaiian plants were
subjected to fire during their evolution only in areas of volcanic
activity and from occasional lightning strikes, they are not adapted to
recurring fire regimes and are unable to recover well following a fire.
Fires may result from natural causes, or they may be accidentally or
purposely set by people. Vegetation on the slopes of Hualalai is
particularly vulnerable to fire due to the extensive invasion of P.
clandestinum. Alien plants are often better adapted to fire than native
plant species, and some fire-adapted grasses have become widespread in
Hawaii. Native shrubland can thus be converted to land dominated by
alien grasses. The presence of such species in Hawaiian ecosystems
greatly increases the intensity, extent, and frequency of fire,
especially during drier months or drought. Fire-adapted alien species
can reestablish in a burned area, resulting in a reduction in the
amount of native vegetation after each fire. Fire can destroy dormant
seeds as well as mature plants and seedlings, even in steep or
inaccessible areas. The only known individual of D. undulata occurs in
an area heavily grazed by cattle, and is offered some protection from
fires since the cattle reduce the fuel load of P. clandestinum.
However, fire remains a potentially serious threat to the only known
individual of D. undulata, its potential regeneration, and other
suitable habitat (J. Giffin, in litt., 1993).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by D. undulata in determining to propose this
rule. Based on this evaluation, the preferred action is to list D.
undulata as endangered. Only one individual of this species is known to
exist, and it is threatened by habitat degradation by feral ungulates
and alien plants, fire, and lack of legal protection. Small population
size makes this species particularly vulnerable to reduced reproductive
vigor and/or extinction from stochastic events. Because this species is
in danger of extinction throughout all of its range, it fits the
definition of endangered as defined in the Act.
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 this species. Such a determination would
result in no known benefit to Delissea undulata. The extant population
is on State land; State government agencies can be alerted to the
presence of the plant without the publication of critical habitat
descriptions and maps. The publication of such descriptions and maps
would potentially increase the degree of threats from taking or
vandalism because a live specimen of D. undulata would be of interest
to curiosity seekers or collectors of rare plants. Taking prohibitions
are difficult to enforce, and publication of critical habitat
descriptions and maps would make D. undulata more vulnerable to taking
and increase enforcement problems. All involved parties and landowners
have been notified of the importance of protecting this species'
habitat. Protection of the species' habitat will be addressed through
the recovery process. There are no known Federal activities within the
currently known habitat of this species. Therefore, the Service finds
that designation of critical habitat for this species 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 this species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened 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. Harold L. Lyon
Arboretum of the University of Hawaii at Manoa is propagating seeds
collected from the one remaining individual as part of an ex situ
conservation program. The Arboretum has over 300 seedlings growing as
part of this conservation program, and has sent approximately 20
individuals to the State's Hawaii forestry district for experimental
outplanting in the Puu Waawaa area (Charles H. Lamoureux, Harold L.
Lyon Arboretum at University of Hawaii and J. Giffin, pers. comms.).
The Act provides for possible land acquisition and cooperation with the
State and requires that recovery actions be carried out for all listed
species. Since Delissea undulata is known to occur on State land,
cooperation between Federal and State agencies is necessary to provide
for its conservation. The protection required of Federal agencies and
the prohibitions against certain activities involving listed plants are
discussed, in part, below.
Section 7 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)(4) of the Act requires Federal agencies to
confer informally with the Service on any action that is likely to
jeopardize the continued existence of a proposed species 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 such a 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. No Federal involvement is known or anticipated that would
affect D. undulata, as the only known site is on State owned land.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, would apply to D. undulata. These prohibitions, in part,
make it illegal 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 an
endangered plant species from areas 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 plants under certain circumstances.
Such permits are available for scientific purposes and to enhance the
propagation and survival of the species. It is anticipated that few
trade permits would ever be sought or issued because the species is
uncommon in cultivation and is very rare in the wild.
Requests for copies of the regulations regarding listed plants and
inquiries regarding prohibitions and permits may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 NE 11th Avenue, Portland, Oregon 97232-4181 (503) 231-6131
.
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) the location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) additional information concerning the range, distribution, and
population size of this species; and
(4) current or planned activities in the subject area and their
possible impacts on this species.
The final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to the Pacific Islands Field Supervisor (see
ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, 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 Field Supervisor, Pacific Islands
Field Office (see ADDRESSES section).
Author
The primary author of this proposed rule is Marie M. Bruegmann of
the Pacific Islands Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, it is hereby proposed to amend part 17, subchapter B
of chapter I, title 50 of the Code of Federal Regulations, 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; Public Law 99-625, 100 Stat. 3500; unless otherwise
noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the family Campanulaceae 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--Bellf
lower family:
* * * * * * *
Delissea None................ U.S.A. (HI)........ E NA NA
undulata.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 6, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-15540 Filed 6-24-94; 8:45 am]
BILLING CODE 4310-55-P
