[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Rules and Regulations]
[Pages 53130-53137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25554]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AD49
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Three Plant Species (Cyanea dunbarii, Lysimachia
maxima, and Schiedea sarmentosa) from the Island of Molokai, Hawaii
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 dunbarii (haha), Lysimachia
maxima (No common name (NCN)), and Schiedea sarmentosa (NCN). All three
species are endemic to the island of Molokai, Hawaiian Islands. The
three plant species and their habitats have been variously affected or
are currently threatened by one or more of the following--competition,
predation, or habitat degradation from introduced species; fire; and
natural disasters. This rule implements the Federal protection and
recovery provisions afforded by the Act for these three species.
EFFECTIVE DATE: This rule takes effect November 12, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Pacific
Islands Ecoregion Office, U.S. Fish and Wildlife Service, 300 Ala Moana
Boulevard, Room 3108, P.O. Box 50088, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Brooks Harper, Field Supervisor (see
ADDRESSES section) (telephone 808/541-3441; facsimile 808/541-3470).
SUPPLEMENTARY INFORMATION:
Background
Cyanea dunbarii, Lysimachia maxima, and Schiedea sarmentosa are
endemic to the island of Molokai. This island, the fifth largest in the
Hawaiian island chain, is approximately 61 kilometers (km) (38 miles
(mi)) long, up to 16 km (10 mi) wide, and encompasses an area of about
688 square (sq) km (266 sq mi) (Foote et al. 1972, Plasch 1985). Three
shield volcanoes make up most of the land mass of Molokai--West Molokai
Mountain, East Molokai Mountain, and a volcano that formed Kalaupapa
Peninsula (Department of Geography 1983). Molokai can also be divided
into three major sections--the west Molokai section, comprising West
Molokai Mountain; the central Molokai section or Hoolehua Plain formed
between the two large mountain masses; and the east Molokai section,
incorporating East Molokai Mountain and Kalaupapa Peninsula (Foote et
al. 1972).
The taller and larger East Molokai Mountain rises 1,813 meters (m)
(4,970 feet (ft)) above sea level (Walker 1990) and comprises roughly
50 percent of the island's land area. Topographically, the windward
side of East Molokai differs from the leeward side. Precipitous cliffs
line the northern windward coast with deep inaccessible valleys
dissecting the coastline. The annual rainfall on the windward side is
200 to over 375 centimeters (cm) (75 to over 150 inches (in)),
distributed throughout the year. The soils are poorly drained and high
in organic matter. The gulches and valleys are usually very steep, but
sometimes gently sloping (Foote et al. 1972). Much of the native
vegetation on the northern part of East Molokai is intact because of
its relative inaccessibility to humans and animals (Culliney 1988),
although destructive ungulates have begun to enter the coastline in
recent years (Joel Lau, Hawaii Heritage Program (HHP), pers. comm.
1990). Lysimachia maxima is found in windward wet forest.
Although Molokai's windward side receives most of the island's
rainfall, some falls onto the upper slopes of the leeward (southern)
side, decreasing as elevation decreases, and resulting in diverse
leeward communities, from wet forests to dry shrub and grasslands. The
average annual rainfall on the leeward side of East Molokai is between
80 and 130 cm (30 and 50 in), mostly falling between November and
April. The gently sloping to very steep topography of upland regions
has predominantly well drained and medium-textured soils (Foote et al.!
1972). Cyanea dunbarii and Schiedea sarmentosa are found in lowland
mesic forest and dry shrubland on the leeward side of the island.
With the advent of cattle ranching and later pineapple cultivation,
most of Molokai, particularly West Molokai and East Molokai's southern
section, was converted to pasture land. The only remaining large tracts
of native vegetation are found within the Molokai Forest Reserve on the
upper elevation portions of East Molokai. All three plant species in
this rule are restricted to this forest reserve (Culliney 1988). The
land that supports these three plant species is owned by various
private parties and the State of Hawaii (including forest reserves).
The only known populations of Lysimachia maxima and Schiedea sarmentosa
occur on privately owned land. The only known population of Cyanea
dunbarii occurs on State land.
Discussion of the Three Species Included in This Final Rule
Cyanea dunbarii was first described by Joseph F. Rock, who named it
in honor of the collector, L.M. Dunbar (Rock 1919). Harold St. John
(1987a, St. John and Takeuchi 1987) merged Cyanea with Delissea, the
genus with priority. Lammers (1990) retained both genera in the
currently accepted treatment of the family.
Cyanea dunbarii, a member of the bellflower family (Campanulaceae),
is a branched shrub 1.5 to 2 m (4.9 to 6.6 ft) tall. The oval to
broadly elliptic leaves are 10 to 22 cm (3.9 to 8.7 in) long and 6 to
14 cm (2.4 to 5.5 in) wide, with irregularly lobed or cleft margins.
The flowers are arranged in groups of six to eight on a stalk that is 3
to 7 cm (1.2 to 2.8 in) long. The corolla is white,
[[Page 53131]]
tinged or striped with pale lilac and 30 to 38 mm (1.2 to 1.5 in) long.
The corolla is slightly curved, with spreading lobes three-fourths as
long as the tube. This species is distinguished from others in this
endemic Hawaiian genus by the lack of prickles on the stems and the
irregularly lobed and cleft leaf margins (Lammers 1990).
Cyanea dunbarii was collected in 1918 at Waihanau and Waialae
valleys, and was not observed again until 1992, when Joel Lau of HHP
found it in Mokomoko Gulch (HHP 1993a1 to 1993a3, Rock 1919, Wimmer
1943). Approximately 15 to 20 mature plants are known from this
population, which occurs on State-owned land within Molokai Forest
Reserve, at an elevation of 685 m (2,250 ft) (HHP 1993a3; Loyal
Mehrhoff, U.S. Fish and Wildlife Service, in litt., 1994). Cyanea
dunbarii is found in mesic to wet Dicranopteris linearis (uluhe)-
Metrosideros polymorpha ('ohi'a) forest on moderate to steep slopes
along a stream (HHP 1993a3; L. Mehrhoff, in litt. 1994). Associated
species include Perrottetia sandwicensis (olomea), Pipturus albidus
(mamaki), Clermontia kakeana (haha), Cheirodendron trigynum ('olapa),
and Freycinetia arborea ('ie'ie) (L. Mehrhoff, in litt., 1994). The
major threats to Cyanea dunbarii are competition with the alien plants
Rubus rosifolius (thimbleberry), Commelina diffusa (honohono),
Hedychium sp. (ginger), and Kalanchoe pinnata (air plant); and a risk
of extinction from naturally occurring events (such as landslides or
flooding) and/or reduced reproductive vigor due to the small number of
individuals in the only known population (HHP 1993a3; L. Mehrhoff, in
litt. 1994). Rats (Rattus spp.) are a potential threat since they are
known to be in the area and eat stems and fruits of other species of
Cyanea (Cuddihy and Stone 1990). Axis deer (Axis axis) and pigs (Sus
scrofa) are potential threats to this species, since they are known to
occur in areas adjacent to the only known population (L. Mehrhoff, in
litt., 1994; Ed Misaki, The Nature Conservancy (TNC), pers. comm.,
1991).
William Hillebrand considered a plant he collected in Pelekunu
Valley in the 1800's to be a new variety of Lysimachia hillebrandii
(Hillebrand 1888). In 1905, R. Knuth named Hillebrand's specimen
Lysimachia hillebrandii var. maxima (Pax and Knuth 1905). St. John
(1987b) elevated the variety to a species, Lysimachia ternifolia.
Wagner et al. (1990) called this taxon Lysimachia maxima. An ongoing
revision of the genus has determined that L. ternifolia is an invalidly
published name and concurs that L. maxima is the correct name for this
species (Ken Marr, University of British Columbia, in litt. 1994).
Lysimachia maxima, a member of the primrose family (Primulaceae),
is a sprawling shrub with reddish brown bark. The leaves, borne in
groups of three along the stems, are oval with the broadest portion at
the tip of the leaves. The leaves are 3.8 to 8 cm (1.5 to 3 in) long
and 1.8 to 5 cm (0.7 to 2 in) wide. The upper surface of the leaves has
a few scattered hairs when young and the lower surface is sparsely
covered with long, soft, rusty hairs when young. The corolla is
purplish-yellow, bell-shaped, and about 10 to 12 mm (0.4 to 0.5 in)
long. This species is differentiated from others in this genus by the
leaves borne in groups of three, the broadest portion of the leaf above
the middle, and rusty hairs that disappear with maturity (Wagner et al.
1990).
Lysimachia maxima is only known from one population on the rim of
Pelekunu Valley near Ohialele, on TNC's Pelekunu Preserve immediately
adjacent to State-owned land managed as part of Kalaupapa National
Historical Park (HHP 1991a, Hawaii Plant Conservation Center (HPCC)
1991a, Hillebrand 1888, Pax and Knuth 1905, Wagner et al. 1990).
Approximately 20 to 40 individuals are currently known (L. Mehrhoff, in
litt. 1994). This species occurs in 'ohi'a-uluhe montane wet forest at
an elevation of 975 m (3,200 ft). Associated species include Psychotria
sp. (kopiko), Vaccinium sp. (ohelo), Hedyotis sp. (manono), Dubautia
sp. (na'ena'e), and Ilex anomala (kawa'u) (HPCC 1991a; L. Mehrhoff, in
litt. 1994). The major threats to Lysimachia maxima are landslides and
the risk of extinction from naturally occurring events and/or reduced
reproductive vigor due to the small number of individuals in the only
known population (HPCC 1991a; L. Mehrhoff, in litt. 1994). Pigs and
goats are known from adjacent areas and pose a potential threat to this
species (L. Mehrhoff, in litt. 1994).
In 1928, Otto Degener collected a plant on Molokai that E.E. Sherff
(1946) later named Schiedea sarmentosa. Schiedea sarmentosa was
included in Schiedea menziesii by Wagner et al. (1990). Warren Wagner
and Stephen Weller, who are preparing a monograph of the genus, now
consider S. sarmentosa to be a separate species (Warren Wagner,
Smithsonian Institution, and Stephen Weller, University of California,
Irvine, in litt. 1994).
Schiedea sarmentosa, a member of the pink family (Caryophyllaceae),
is a many-branched shrub 30 to 45 cm (12 to 18 in) tall. The opposite
leaves are slender and threadlike, 1.5 to 4.5 cm (0.6 to 1.8 in) long,
and 0.5 to 1.5 mm (0.01 to 0.05 in) wide. The leaves are covered with
dense, glandular hairs. There may be as many as 40 to 60 inflorescences
on one plant, often with 50 to 100 flowers in each inflorescence. The
flowers are female on some plants and bisexual on others. The green
sepals are egg-shaped, 2 to 3 mm (0.07 to 0.12 in) long, and somewhat
hairy. The staminodes (false stamens) are half as long as the sepals
and two-branched at the tip. The fruits are oval capsules. This species
differs from others in this endemic Hawaiian genus by its densely bushy
habit, leaf width, hairiness, and staminode length (Sherff 1946; S.
Weller and W. Wagner, in litt., 1994).
Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and
Onini Gulch (HHP 1991b, 1993b; HPCC 1991b, 1992; Sherff 1946; J. Lau,
HHP, in litt. 1994). Currently, only two populations are known. One
population at the boundary of TNC's Kamakou Preserve in Onini Gulch has
approximately 30 individuals (HHP 1993b). The other population occurs
on privately owned land in Makolelau, and consists of 4 subpopulations
totaling approximately 300 to 400 individuals (Steve Perlman, HPCC, and
S. Weller, pers. comms. 1994). Estimates of the total number of
individuals have ranged up to 1,000 (J. Lau, HHP, pers. comm. 1994). An
accurate count is somewhat difficult because this species is
interspersed with Schiedea lydgatei (Steve Perlman, HPCC, and S.
Weller, pers. comms. 1994). Schiedea sarmentosa is typically found on
steep slopes in 'ohi'a-Dodonaea viscosa ('a'ali'i) lowland dry or mesic
shrubland between 610 and 790 m (2,000 and 2,600 ft) elevation (HHP
1991b, 1993b; HPCC 1991b, 1992). Associated species include Styphelia
tameiameiae (pukiawe), Chenopodium oahuensis ('aheahea), Alyxia
oliviformis (maile), Pleomele sp. (hala pepe), and Chamaesyce sp.
('akoko) (HHP 1993b; HPCC 1991b, 1992). Major threats to Schiedea
sarmentosa include feral goats and pigs, the alien plants Melinis
minutiflora (molasses grass) and Ricinus communis (castor bean), and
fire. The species is also threatened by a risk of extinction from
naturally occurring events due to the low number of populations (J.
Lau, in litt. 1994; S. Perlman, pers. comm. 1994).
Previous Federal Action
Federal government action on these plants began when the Service
published a revised notice of review in the Federal Register (55 FR
6183) on February 21, 1990, of native plants
[[Page 53132]]
considered for listing under the Act. Lysimachia maxima (as L.
ternifolia) and Schiedea sarmentosa (as S. menziesii) were included as
Category 2 candidate species. Category 2 candidates were those for
which listing as endangered or threatened was possibly appropriate, but
for which sufficient data on biological vulnerability and threats was
not currently available to support proposed rules. Lysimachia maxima
(as L. ternifolia) and Schiedea sarmentosa (as S. menziesii) were also
included as Category 2 candidates in the September 30, 1993 (58 FR
51144) notice of review. A proposed rule to list Cyanea dunbarii,
Lysimachia maxima and Schiedea sarmentosa as endangered was published
on October 2, 1995 (60 FR 51436) and the February 28, 1996 (61 FR 7596)
notice of review listed all three species as proposed for endangered
status.
Based on comments and recommendations received in response to the
proposal (see Comments and Recommendations, below), the Service now
determines these three plant species to be endangered with publication
of this rule.
Summary of Comments and Recommendations
In the October 2, 1995 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 December 1, 1995.
Appropriate State agencies, county governments, Federal agencies,
scientific organizations, and other interested parties were contacted
and requested to comment. Newspaper notices inviting public comment
were published in ``The Garden Island'' on October 19, 1995, the ``Maui
News'' on October 20, 1995, the ``Kauai Times'' on October 18, 1995,
the ``Hawaii Tribune-Herald'' on October 18, 1995, and the ``Honolulu
Advertiser'' on October 20, 1995.
Comments were received from three parties. All three parties
expressed support for the proposed listing. No additional information
was offered.
Pursuant to the Service's policy on peer review (59 FR 34270), the
expert opinions of three appropriate and independent specialists were
also solicited regarding pertinent scientific or commercial data and
assumptions relating to the taxonomy, population models, and supportive
biological and ecological information for these three species. A
response was received from one peer reviewer.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species 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 Cyanea dunbarii Rock (haha),
Lysimachia maxima (R. Knuth) St. John (NCN), and Schiedea sarmentosa
Degener & Sherff (NCN) are as follows:
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. The habitats of the plants
included in this rule have undergone extreme alteration because of past
and present land management practices, including deliberate alien
animal and plant introductions, agricultural development, and
recreational use. Natural disturbances such as storms and landslides
also destroy habitat and can have a significant effect on small
populations of plants. Destruction and modification of habitat by
introduced animals pose serious threats to one of the species in this
rule and pose serious potential threats in the event that these
introduced animals spread to portions of Molokai where the other
species occur (See Table 1.).
When Polynesian immigrants settled in the Hawaiian Islands, they
brought water-control and slash-and-burn systems of agriculture and
encouraged plants that they introduced to grow in valleys. These land
use practices resulted in erosion, changes in the composition of native
communities, and a reduction of biodiversity (Cuddihy and Stone 1990,
Kirch 1982, Wagner et al. 1985). Hawaiians settled and altered many
areas of Molokai, including areas in which some of the species in this
final rule grew. Many forested slopes were denuded in the mid-1800's to
supply firewood to whaling ships, plantations, and island residents.
Native plants were undoubtedly affected by these practices. Also,
sandalwood and tree fern harvesting occurred in many areas, changing
forest composition and affecting native species (Cuddihy and Stone
1990).
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. So much land was
cleared for these enterprises that climatic conditions began to change,
and the amount and distribution of rainfall were altered (Wenkam 1969).
Plantation owners supported reforestation programs that resulted in
many alien trees being introduced in the hope that the watershed could
be conserved. Beginning in the 1920's, water collection and diversion
systems were constructed in upland areas to irrigate lowland fields,
and this undoubtedly destroyed individuals and populations of native
plants. The irrigation system also opened new routes for the invasion
of alien plants and animals into native forests (Cuddihy and Stone
1990, Culliney 1988, Wagner et al. 1990, Wenkam 1969).
Past and present activities of introduced alien mammals are the
primary factor in altering and degrading vegetation and habitats on
Molokai. Feral ungulates trample and eat native vegetation and disturb
and open areas. This causes erosion and allows the entry of alien plant
species (Cuddihy and Stone 1990, Wagner et al. 1990). While only one of
the species in this rule is directly threatened by habitat degradation
resulting from introduced ungulates, goats, deer, and pigs are known to
occur in adjacent areas and pose a serious potential threat if they
spread to the areas where the other two species occur.
The goat (Capra hircus), a species originally native to the Middle
East and India, was successfully introduced to the Hawaiian Islands in
1792. Currently populations exist on Molokai and four other islands. On
Molokai, feral goats degrade dry forests and are now invading the
wetter regions along the northern coast of East Molokai (Stone 1985; J.
Lau, pers. comm. 1990). Goats are managed in Hawaii as a game animal
and goat hunting is allowed year-round or during certain months,
depending on the area (Hawaii Department of Land and Natural Resources
(DLNR) n.d.-a, n.d.-b, n.d.-c, 1988). Goats browse on introduced
grasses and native plants, especially in drier and more open
ecosystems. Feral goats 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
(Culliney 1988, Cuddihy and Stone 1990, Scott et al. 1986, Tomich 1986,
van Riper and van Riper 1982). Although northeastern Molokai is
considered one of the most remote and inaccessible places in the main
Hawaiian islands, the vegetation
[[Page 53133]]
there is predominantly exotic (Culliney 1988). The replacement of
native vegetation is attributed to the large number of goats. Due to
their agility, goats are able to reach vegetation not usually
accessible to other animals (Culliney 1988). Goats are a threat to the
larger population of Schiedea sarmentosa and a potential threat to the
only known population of Lysimachia maxima, since they may invade the
area where this taxon occurs (L. Mehrhoff, in litt. 1994; S. Perlman,
pers. comm. 1994).
The pig (Sus scrofa) is a species 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 are currently present on Molokai and four other
islands, and inhabit rain forests and grasslands. Pig hunting is
allowed on all islands either year-round or during certain months,
depending on the area (DLNR n.d.-a, n.d.-b, n.d.-c, 1988). While
rooting in the ground in search of the invertebrates and plant material
to eat, feral pigs disturb and destroy vegetative cover, trample plants
and seedlings, and threaten forest regeneration by damaging seeds and
seedlings. They disturb soil and cause erosion, especially on slopes.
Alien plant seeds are dispersed on their hooves and coats as well as
through their feces (Cuddihy and Stone 1990, Scott et al. 1986, Stone
1985, Tomich 1986, Wagner et al. 1990). Feral pigs pose an immediate
threat to Schiedea sarmentosa and a potential threat to Cyanea dunbarii
and Lysimachia maxima. If not controlled, habitat degradation by pigs
may become a significant problem to the only known populations of the
latter two species (L. Mehrhoff, in litt. 1994; S. Perlman, pers. comm.
1994).
Of the ungulates that have become established on Molokai during the
past 150 years, the axis deer (Axis axis) has probably had the greatest
impact on the native vegetation. Eight axis deer, introduced to Molokai
in 1868, increased to thousands of animals by the 1960's (Culliney
1988, Graf and Nichols 1966, Tomich 1986). By the turn of the century,
these deer had occupied much of the dry to mesic lowland areas and were
also found in the wet forests of East Molokai, where herds so damaged
the vegetation that professional hunters were hired to control their
numbers (Culliney 1988, Graf and Nichols 1966, van Riper and van Riper
1982). The native vegetation has suffered irreparable damage from
overgrazing by these animals. Deer degrade the habitat by trampling,
consuming, and overgrazing vegetation, which removes ground cover,
exposing the soil to erosional action (J. Lau, pers. comm. 1990). Alien
plant species are then able to exploit the newly disturbed areas.
A large portion of the axis deer population on Molokai has been
actively managed for recreational hunting by the Hawaii Division of
Forestry and Wildlife since 1959. At present, five of the seven managed
hunting areas on Molokai are within the Molokai Forest Reserve. Many
areas lack maintained boundary fences that would prevent deer from
entering more fragile habitats to the north (Cuddihy et al. 1982) and
non-game areas to the east. Recently, axis deer have begun to enter the
windward valleys and northern coastline of East Molokai where they were
not previously observed (J. Lau, pers. comm. 1990). Axis deer have been
observed in areas south of the only known population of Cyanea
dunbarii, and pose a potential threat to this species (E. Misaki, pers.
comm., 1991).
Although not a direct threat at present to the plant species in
this rule, cattle (Bos taurus) ranching on Molokai has played a
significant role over most of the past 150 years by reducing areas of
native vegetation to vast pastures of alien grasses (Cuddihy and Stone
1990, Pekelo 1973, Stone 1985). In 1960, approximately 61 percent of
Molokai's land area was devoted to grazing, primarily the lower
elevation dry to mesic forests, shrublands, and grasslands of west and
central Molokai (Baker 1961). Cattle degraded the habitat by trampling
and feeding on vegetation, eventually opening up the ground cover and
exposing the soil, increasing its vulnerability to erosion (Cuddihy and
Stone 1990, Lindgren 1908, Pekelo 1973). Because of this alteration of
vegetation, natural areas became limited to the upper elevation mesic
to wet forests of East Molokai, where the State designated a single
protected area--the Molokai Forest Reserve. One of the species in this
rule is restricted to this forest reserve, which occupies about 30
percent of Molokai's land area (Baker 1961).
Substrate loss due to agriculture, grazing animals (especially
goats), hikers, and alteration of vegetation results in habitat
degradation and loss. This particularly affects plant populations
vulnerable to landslides on cliffs or steep slopes, including all three
species in this rule.
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 seriously impact Cyanea dunbarii and
Lysimachia maxima, both of which are known from single populations with
less than 20 individuals each. Collection of whole plants or
reproductive parts of these two species could threaten their survival.
Cyanea dunbarii and Schiedea sarmentosa have populations close to
trails or roads and are, thus, easily accessible to collectors. The
three species are, therefore, potentially threatened by overcollection
(HHP 1993a3; HPCC 1991b, 1992; J. Lau, in litt. 1994).
C. Disease or Predation. Browsing damage by goats and/or deer is a
potential threat to the species in this rule in the event that these
ungulates, present in areas adjacent to these species, invade the
population sites (Cuddihy et al. 1982; J. Lau, in litt. 1994; E.
Misaki, pers. comm. 1991).
Of the four species of rodents that have been introduced to the
Hawaiian Islands, the species with the greatest impact on the native
flora and fauna is probably Rattus rattus (black or roof rat), which
now occurs on all the main Hawaiian Islands around human habitations,
in cultivated fields, and in dry to wet forests. Black rats and to a
lesser extent Mus musculus (house mouse), Rattus exulans (Polynesian
rat), and R. norvegicus (Norway rat) 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 that supports rodent
populations. Black rats strip bark from some native plants. Rats are
known to damage the stems and eat fruit of Cyanea species and are
therefore a potential threat to Cyanea dunbarii (Cuddihy and Stone
1990; Tomich 1986).
D. The inadequacy of existing regulatory mechanisms. The only known
population of Lysimachia maxima occurs on TNC's Pelekunu Preserve, and
the two known populations of Schiedea sarmentosa occur on TNC's Kamakou
Preserve. The only known population of Cyanea dunbarii occurs on State
land, within Molokai Forest Reserve. All three of the species are
located on land classified within conservation districts. Regardless of
the owner, lands in these districts, among other purposes, are regarded
as necessary for the protection of endemic biological resources and the
maintenance or enhancement of the conservation of natural resources.
Activities permitted in conservation districts are chosen by
considering how
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best to make multiple use of the land (Hawaii Revised Statutes (HRS),
sect. 205-2). Some uses, such as maintaining animals for hunting, are
based on policy decisions, while others, such as preservation of
endangered species, are mandated by both Federal and State laws.
Requests for amendments to district boundaries or variances within
existing classifications can be made by government agencies and private
landowners (HRS, sect. 205-4). Before decisions about these requests
are made, the impact of the proposed reclassification on ``preservation
or maintenance of important natural systems or habitats'' (HRS, sects.
205-4, 205-17) as well as the maintenance of natural resources is
required to be taken into account (HRS, sects. 205-2(e), 205-4).
However, the species in this rule are not presently protected as
endangered species under the State's endangered species provisions,
and, despite provisions for conserving endemic resources, individual
rare species may be overlooked during consideration of other land use
priorities.
Before any proposed change in land use occurs on State land, is
funded in part or in whole by county or State funds, or will occur
within lands classified as conservation districts, an environmental
assessment is required to determine whether or not the environment will
be significantly affected (HRS, chapt. 343). If it is found that an
action will have a significant effect, preparation of a full
Environmental Impact Statement is required. Hawaii environmental policy
and, thus, approval of land use, is intended to safeguard ``* * * the
State's unique natural environmental characteristics * * *'' (HRS,
sect. 344-3(1)). However, despite the existence of such State laws and
regulations which give protection to Hawaii's native plants, their
enforcement is difficult due to limited funding and personnel.
Listing of these three plant species will invoke the protection
available under the State Endangered Species Act and supplement the
protection available under other laws. For example, it is a violation
of State law to take, possess, or export an endangered plant species
(HRS sect. 195D-4(e)). In turn, pursuant to section 9(a)(2) of the
Federal ESA, it will be a violation of the Act for any person to
remove, cut, dig up, damage, or destroy any such plant(s) in knowing
violation of State law or regulation or in the course of any violation
of a State criminal trespass law. The lack of adequate resources to
enforce State laws and regulations makes this provision particularly
important.
In addition, State law contains provisions requiring consideration
of endangered plants in certain State or county agency actions that
would be triggered by listing under the Federal ESA (See Guidelines to
``Protect endangered species of indigenous plants and animals.'' HRS,
sect. 344-4(3)(A)). 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)). 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)). With the
listing of these three species, funds for these activities could be
made available under section 6 of the Act (State Cooperative
Agreements). The Hawaii DLNR 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).
E. Other natural or manmade factors affecting their continued
existence. Six species of introduced plants directly threaten
populations of one or more of the species in this rule. The original
native flora of Hawaii consisted of about 1,000 species, 89 percent of
which were endemic. Of the total of 1,817 species of native and
naturalized Hawaiian flora, 47 percent were introduced from other parts
of the world. Nearly 100 of these 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, Scott et al. 1986, Wenkam
1969).
Rubus rosifolius (thimbleberry), native to Asia, is naturalized in
disturbed mesic to wet forest on all of the main Hawaiian Islands
(Wagner et al. 1990). This shrub threatens the only known population of
Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
Kalanchoe pinnata (air plant) is an herb that occurs on all the
main islands except Niihau and Kahoolawe, especially in dry to mesic
areas (Wagner et al. 1990). Air plant is a threat to the only known
population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
Ricinus communis (castor bean) became naturalized in Hawaii prior
to 1819. Castor bean is found on all the main islands of Hawaii in low
elevation, dry, disturbed habitats (Wagner et al. 1990). Castor bean is
a threat to the two populations of Schiedea sarmentosa (HPCC 1991b,
1992).
Two species of Hedychium (ginger) were introduced to Hawaii in the
late 1800's, probably by Chinese immigrants. Both species escaped from
cultivation and are found in lowland wet and mesic forests on most of
the main Hawaiian islands. These large, vigorous herbs mainly reproduce
vegetatively, forming very dense stands that exclude all other growth
(Cuddihy and Stone 1990, Wagner et al. 1990). Hedychium threatens the
only known population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).
Commelina diffusa (honohono) is an annual herb native to the Old
World tropics. It has become widely naturalized and is found in
disturbed mesic and wet forests and other disturbed sites on all of the
main Hawaiian islands except Niihau and Kahoolawe (Wagner et al. 1990).
This species is a threat to the only known population of Cyanea
dunbarii (L. Mehrhoff, in litt. 1994).
Several hundred species of grasses have been introduced to the
Hawaiian Islands, many for animal forage. Of the approximately 100
grass species that have become naturalized, one species threatens the
two populations of Schiedea sarmentosa. Melinis minutiflora (molasses
grass), a perennial grass first brought to Hawaii for cattle fodder and
then planted for erosion control, is now naturalized in dry to mesic
disturbed areas on most of the main Hawaiian Islands. The mats it forms
smother other plants, essentially preventing seedling growth and native
plant reproduction. As a fuel for fire, molasses grass intensifies the
heat and carries the fire into areas with woody plants. Fire is a major
threat to native plant species in dry to mesic habitats, especially on
the leeward slopes of Molokai, where the largest population of Schiedea
sarmentosa is located (J. Lau, in litt. 1994). The presence of molasses
grass greatly enhances the potential and destructiveness of fires. For
example, in
[[Page 53135]]
1988, a human-caused fire consumed roughly 38 sq km (15 sq mi) of
shrubland and forest from the southern coastline of East Molokai to the
southwest corner of Kamakou Preserve, about 3.5 mi (5.5 km) inland (E.
Misaki, pers. comm. 1991). Molasses grass was the main carrier of that
fire (E. Misaki, pers. comm. 1991). Molasses grass is able to spread
prolifically after a fire and effectively competes with the few fire-
adapted native plant species, creating a dense stand of alien grass
where forests once stood. It is becoming a major problem in dry sites
along the many leeward ridges of East Molokai (Bottenfield 1958,
Cuddihy and Stone 1990, O'Connor 1990, Smith 1985).
The small numbers of populations and individuals of these species
increase the potential for extinction from naturally occurring 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. Two of the species in this rule, Cyanea dunbarii and
Lysimachia maxima, are known from only a single population. Schiedea
sarmentosa is known from only two populations. Cyanea dunbarii is known
from fewer than 20 individuals and Lysimachia maxima is known from
fewer than 50 individuals.
Erosion, landslides, and rock slides due to natural weathering
result in the death of individual plants as well as habitat
destruction. This especially affects the continued existence of species
or populations with limited numbers and/or narrow ranges, including all
three species in this rule. This process is often exacerbated by human
disturbance and land use practices (See Factor A.).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to make this final
rule. Based on this evaluation, the preferred action is to list Cyanea
dunbarii, Lysimachia maxima, and Schiedea sarmentosa as endangered. All
3 species either number fewer than 50 individuals in 1 population or
are known from only 2 populations. The three species are threatened by
one or more of the following--competition from alien plants; potential
habitat degradation and/or predation by feral pigs, feral goats, rats,
and deer; fire; substrate loss; potential human impacts; and lack of
legal protection or difficulty in enforcing laws that are already in
effect. Small population size and limited distribution make these
species particularly vulnerable to extinction and/or reduced
reproductive vigor from naturally occurring events. Because these three
species are in danger of extinction throughout all or a significant
portion of their ranges, they meet the definition of endangered as
defined in the Act. Therefore, the determination of endangered status
for these three species is warranted. A summary of the threats facing
these taxa is presented in Table 1.
Table 1.--Summary of Threats
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alien mammals
Species ------------------------------------ Alien Substrate Human Fire Limited numbers*
Deer Goats Pigs Rats plants loss impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea dunbarii............................. P ....... P P X X P ....... X1,2
Lysimachia maxima........................... ....... P P ....... ........ X P ....... X1,2
Schiedea sarmentosa......................... ....... X X ....... X P P X X1
--------------------------------------------------------------------------------------------------------------------------------------------------------
KEY:
X=Immediate and significant threat.
P=Potential threat.
*=No more than 100 individuals and/or no more than 5 populations.
1=No more than 5 populations.
2=No more than 100 individuals.
Critical habitat is not being proposed for the three species
included in this rule, for reasons discussed in the ``Critical
Habitat'' section of this rule.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the same
time the species is listed. The Service finds that designation of
critical habitat is not prudent for Cyanea dunbarii, Lysimachia maxima,
and Schiedea sarmentosa at this time. Service regulations (50 CFR
424.12(a)(1)) state that designation of critical habitat is not prudent
when one or both of the following situations exist--(1) The species is
threatened by taking or other human activity, and identification of
critical habitat can be expected to increase the degree of threat to
the species, or (2) such a designation of critical habitat would not be
beneficial to the species. The three species have very low total
populations and face anthropogenic threats (see Factor B). The
publication of precise maps and descriptions of critical habitat in the
Federal Register would make these plants more vulnerable to incidents
of collection and vandalism and, therefore, could contribute to the
decline of these species and increase enforcement problems. The listing
of these species as endangered also publicizes the rarity of these
plants and, thus, can make these plants attractive to researchers,
curiosity seekers, or collectors of rare plants.
The additional protection provided by the designation of critical
habitat to a species is granted through section 7 of the Act. Section
7(a) of the Act, as amended, requires Federal agencies to evaluate
their actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. 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
[[Page 53136]]
destroy or adversely modify its critical habitat. The three species in
this rule are confined to small geographic areas, and each population
is composed of so few individuals that the determinations for jeopardy
to the species and adverse modification of critical habitat would be
similar. Therefore, designation of critical habitat provides no
benefits beyond those that these species would receive by virtue of
their listing as endangered species, and would likely increase the risk
of threat from collecting or other human activities.
All involved parties and the major landowners have been notified of
the location of these species. Protection of the habitats of these
species will be addressed through the recovery process and through the
section 7 consultation process.
Available Conservation Measures
Conservation measures provided to plant 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 plans be developed for listed species. The protection
required of Federal agencies and the prohibitions against certain
activities involving listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer 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
ensure 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 consultation with the Service. None of
the three species in this rule occurs on Federal lands and no known
Federal activities occur within the present known habitat of these
three plant species. The Service has not pursued prelisting
conservation agreements for the three plant species due to time and
resource constraints.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered plant
species. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport such species in interstate or foreign commerce in
the course of a commercial activity, sell or offer for sale such
species in interstate or foreign commerce, or remove and reduce such
species to possession from areas under Federal jurisdiction. In
addition, for plants listed as endangered, the Act prohibits the
malicious damaging or destruction on areas under Federal jurisdiction
and the removal, cutting, digging up, damaging, or destroying of any
such plants in knowing violation of any State law or regulation,
including State criminal trespass law. Certain exceptions to the
prohibitions apply to agents of the Service and State conservation
agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plant species under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. It is anticipated that few permits would ever
be sought or issued because the species in this rule are not common in
cultivation or in the wild.
It is the policy of the Service (July 1, 1994; 59 FR 34272) to
identify to the maximum extent practicable at the time a species is
listed those activities that would or would not likely constitute a
violation of section 9 of the Act. The intent of this policy is to
increase public awareness of the effect of the listing on proposed and
ongoing activities within the species' range. The only known population
of Cyanea dunbarii is found on a steep slope on State-owned land. The
only known population of Lysimachia maxima and one population of
Schiedea sarmentosa are found on steep slopes on land owned by TNC. The
other population of Schiedea sarmentosa is found on steep slopes on
privately owned land. Collection, damage, or destruction of these
species on non-Federal lands would constitute a violation of section 9,
if conducted in knowing violation of Hawaii State law or regulations,
or in violation of State criminal trespass law. The Service is not
aware of any trade in these species or of any activities currently
being conducted by the public that would be affected by this listing or
result in violation of section 9 of the Act.
Questions regarding whether specific activities will constitute a
violation of section 9 of the Act should be directed to the Pacific
Islands Ecoregion Manager (see ADDRESSES section). Requests for copies
of the regulations regarding listed plants and inquiries regarding
prohibitions and permits may be addressed to the Fish and Wildlife
Service, Ecological Services, Endangered Species Permits, 911 N.E. 11th
Avenue, Portland, Oregon 97232-4181 (telephone: 503/231-2063;
facsimile: 503/231-6243).
Hawaii State Law
Federal listing will automatically invoke listing under the State's
endangered species act. 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).)
This Federal listing will automatically invoke listing under Hawaii
State law. The State law prohibits taking of endangered species and
encourages conservation by State agencies (HRS, sect. 195D-4, 195D-5).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments or Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the 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).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of Management and Budget under Executive Order 12866.
References Cited
A complete list of all references cited herein is available upon
request from
[[Page 53137]]
the Pacific Islands Ecoregion Office (see ADDRESSES section).
Author
The author of this final rule is Marie M. Bruegmann, Pacific
Islands Ecoregion Office (see ADDRESSES section). Substantial data were
contributed by HHP and Steve Perlman and Ken Wood of HPCC.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, the Service hereby amends 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; 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 FLOWERING PLANTS, to the List of Endangered
and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * * ........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
---------------------------------------------------- Historic range Family name Status When listed Critical Special
Sientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Cyanea dunbarii................ Haha.............. U.S.A. (HI)....... Campanulaceae.... E 594 NA NA
* * * * * * *
Lysimachia maxima.............. No common name.... U.S.A. (HI)....... Primulaceae...... E 594 NA NA
* * * * * * *
Schiedea sarmentosa............ No common name.... U.S.A. (HI)....... Caryophyllaceae.. E 594 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: September 23, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25554 Filed 10-9-96; 8:45 am]
BILLING CODE 4310-55-P