# Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 48 Species on Kauai and Designation of Critical Habitat

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-1904

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** April 13, 2010
- **Citation:** 75 FR 18960

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0046]
[MO 92210-0-0008]
RIN 1018-AV48
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 48 Species on Kauai and Designation of Critical Habitat

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for 48 species on the island of Kauai in the Hawaiian Islands under the Endangered Species Act of 1973, as amended (Act). We also designate 26,582 acres (ac) (10,757 hectares (ha)) of critical habitat for 47 of these species. The critical habitat is located in Kauai County, Hawaii. Critical habitat designation was determined to be not prudent for one species,
Pritchardia hardyi
(a palm), which is threatened by over collection and vandalism.

DATES:

This rule becomes effective on May 13, 2010.

ADDRESSES:

This final rule and economic impact analysis are available on the Internet at
http://www.regulations.gov
. Comments and materials received, as well as supporting documentation used in preparing this final are available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-9581.

FOR FURTHER INFORMATION CONTACT:

Loyal Mehrhoff, Field Supervisor, Pacific Islands Fish and Wildlife Office (see
ADDRESSES
section). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

This document consists of: (1) a final rule to list 48 species as endangered; and (2) a final critical habitat designation for 47 species.

Previous Federal Action

Thirty-one of the Kauai species in this final rule were previously candidate species. Candidate species are those taxa for which the Service has sufficient information on their biological status and threats to list as endangered or threatened under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531
et seq.
), but for which the development of a listing regulation has been precluded to date by other higher priority listing activities.

The candidates addressed in this final listing rule include the plants
Astelia waialealae
(painiu),
Canavalia napaliensis
(awikiwiki),
Chamaesyce eleanoriae
(akoko),
Chamaesyce remyi
var.
kauaiensis
(akoko),
Chamaesyce remyi
var.
remyi
(akoko),
Charpentiera densiflora
(papala),
Cyanea eleeleensis
(haha),
Cyanea kuhihewa
(also haha),
Cyrtandra oenobarba
(hiiwale),
Dubautia imbricata
subspecies (ssp).
imbricata
(naenae),
Dubautia plantaginea
ssp.
magnifolia
(also naenae),
Dubautia waialealae
(naenae),
Geranium kauaiense
(nohoanu),
Keysseria erici
(no common name (ncn)),
Keysseria helenae
(ncn),
Labordia helleri
(kamakahala),
Labordia pumila
(also kamakahala),
Lysimachia daphnoides
(lehua makanoe),
Melicope degeneri
(alani),
Melicope paniculata
(also alani),
Melicope puberula
(alani),
Myrsine mezii
(kolea),
Pittosporum napaliense
(hoawa),
Platydesma rostrata
(pilo kea lau li i),
Pritchardia hardyi
(loulu),
Psychotria grandiflora
(kopiko),
Psychotria hobdyi
(kopiko),
Schiedea attenuata
(ncn), and
Stenogyne kealiae
(ncn); the bird, akikiki (
Oreomystis bairdi
); and the picture-wing fly,
Drosophila attigua
(now
D. sharpi
, see explanation under “Description of the 48 Species” below).

The candidate status of all of these species was most recently assessed and reaffirmed in the December 10, 2008, Notice of Review of Native Species that are Candidates or Proposed for Listing as Threatened or Endangered (CNOR) (73 FR 75176, December 10, 2008).

On May 4, 2004, the Center for Biological Diversity petitioned the Secretary of the Interior to list 225 species of plants and animals, including the 31 candidate species listed above, as endangered or threatened under the provisions of the Act. Since then, we have published our annual findings on the May 4, 2004, petition (including our findings on the 31 candidate species listed above) in the CNORs dated May 11, 2005 (70 FR 24870), September 12, 2006 (71 FR 53756), December 6, 2007 (72 FR 69033), and December 10, 2008 (73 FR 75176).

On October 11, 2007, we received a petition from Dr. Eric VanderWerf and the American Bird Conservancy to list the akikiki and the akekee (
Loxops caeruleirostris
) as endangered or threatened species. According to the petitioners, the akikiki and akekee warrant listing under the Act because they have small populations; occur in small geographic ranges; are undergoing rapid population and range declines; and face numerous imminent and significant threats including, but not limited to, habitat loss and degradation by alien plants and nonnative ungulates, diseases spread by alien mosquitoes, predation by alien mammals, and catastrophic events such as hurricanes (VanderWerf and American Bird Conservancy 2007). The petitioners also cite the inadequacy of regulatory mechanisms as a threat, noting that as members of the subfamily Drepanidinae (Hawaiian honeycreepers), the akikiki and akekee are not protected under the Migratory Bird Treaty Act (16 U.S.C. 703-712; see 71 FR 50205, August 24, 2006). The akikiki was already a candidate species (59 FR 58982, November 15, 1994). The proposed rule (73 FR 62592, October 21, 2008) and this final designation constitute our response to the October 11, 2007, petition.

In addition to the 31 candidate species and the akekee, we are listing and designating critical habitat for the following 16 species of plants endemic to Kauai:
Cyanea kolekoleensis, Cyanea dolichopoda
,
Cyrtandra paliku, Diellia mannii
,
Doryopteris angelica, Dryopteris crinalis
var.
podosorus, Dubautia kalalauensis
,
Dubautia kenwoodii, Lysimachia iniki
,
Lysimachia pendens, Lysimachia scopulensis
,
Lysimachia venosa, Myrsine knudsenii
,
Phyllostegia renovans, Tetraplasandra bisattenuata
, and
Tetraplasandra flynnii
. These 16 Kauai plant species have been identified by the multiagency (Federal, State, and private) Plant Extinction Prevention (PEP) program as being among the rarest of the rare Hawaiian plant species, and in need of immediate conservation. The goal of this program is to prevent the extinction of native plant species with fewer than 50 individuals remaining in the wild on the islands of Kauai, Oahu, Maui, Molokai, Lanai, and Hawaii by establishing a network of multi-island plant propagation sites and storage facilities, and conducting emergency monitoring and genetic sampling of all PEP species (Hawaii Division of Forestry and Wildlife (DOFAW) 2007; Service 2007). The Service has provided significant funding to this program since 2002, through section 6 (Cooperation with the States) of the Act. We believe these 16 plant species warrant listing under the Act for the reasons discussed below (“Description of the 48 Species” and “Summary of Factors Affecting the

Species”). Since these species occur within the same 6 ecosystems and share common threats with the other 32 species, we have included them here in an effort to provide them with Federal protection in an expeditious manner.

On October 21, 2008, we published a proposed rule to list these 48 species as endangered throughout their ranges, and to designate critical habitat for 47 of these species (73 FR 62592). The comment period for that proposal opened on October 21, 2008, and closed on December 22, 2008.

Background

An Ecosystem-based Approach

On the island of Kauai, as on most of the Hawaiian Islands, native species that occur in the same habitat types (ecosystems) depend on many of the same biological features and on the successful functioning of that ecosystem to survive. We have therefore organized the species addressed in this final rule by common ecosystem. Although the listing determination for each species is analyzed separately, we have organized the specific analysis for each species within the context of the broader ecosystem in which it occurs to avoid redundancy. In addition, native species that share ecosystems often face a suite of common threat factors that require similar management actions to reduce or eliminate those threats. Effective management of these threat factors often requires implementation of conservation actions at the ecosystem scale to enhance or restore critical ecological processes and provide for long-term viability of those species in their native environment. Thus, by taking this approach, we hope to not only organize this final rule effectively, but also to more effectively focus conservation management efforts on the common threats that occur across these ecosystems, restore ecosystem function for the recovery of each species, and provide conservation benefits for associated native species, thereby potentially precluding the need to list other species under the Act that occur in these shared ecosystems.

We are listing each of the 48 species endemic to the island of Kauai addressed in this rule as an endangered species. These 48 species (45 plants, 2 birds, and 1 picture-wing fly) are found in 6 ecosystem types: lowland mesic, lowland wet, montane mesic, montane wet, dry cliff, and wet cliff (Table 1). Although most of these species are restricted to a single ecosystem, some are found in multiple ecosystems. For each species, we identified and evaluated those factors that threaten the species and that may be common to all of the species at the ecosystem level. For example, the degradation of habitat by feral ungulates is considered a threat to each species within each ecosystem. As a result, this threat factor is considered to be a multiple ecosystem-level threat, as each individual species within each ecosystem faces a threat that is essentially identical in terms of the nature of the impact, its severity, its imminence, and its scope. We further identified and evaluated any threat factors that may be unique to certain species, and do not apply to all species under consideration within the same ecosystem. For example, the threat of avian malaria is unique to the two birds in this final rule, but is not applicable to any of the other species in this final rule. We have identified such threat factors, which apply only to certain species within the ecosystems addressed here as species-specific threats.

TABLE 1.—THE 48 KAUAI SPECIES AND THE ECOSYSTEMS UPON WHICH THEY DEPEND

Ecosystem
Species

Lowland Mesic

Plants:
Canavalia napaliensis
,
Chamaesyce eleanoriae
,
Chamaesyce remyi
var.
remyi
,
Charpentiera densiflora
,
Doryopteris angelica
,
Dubautia kenwoodii
,
Labordia helleri
,
Pittosporum napaliense
,
Platydesma rostrata
,
Psychotria hobdyi
,
Tetraplasandra bisattenuata

Lowland Wet

Plants:
Chamaesyce remyi
var.
kauaiensis
,
Chamaesyce remyi
var.
remyi
,
Charpentiera densiflora
,
Cyanea eleeleensis
,
Cyanea kolekoleensis
,
Cyanea kuhihewa
,
Cyrtandra oenobarba
,
Dubautia imbricata
ssp.
imbricata
,
Labordia helleri
,
Melicope paniculata
,
Melicope puberula
,
Phyllostegia renovans
,
Platydesma rostrata
,
Pritchardia hardyi
,
Stenogyne kealiae
,
Tetraplasandra bisattenuata
,
Tetraplasandra flynii

Montane Mesic

Plants:
Chamaesyce remyi
var.
remyi
,
Diellia mannii
,
Labordia helleri
,
Myrsine knudsenii
,
Myrsine mezii
,
Platydesma rostrata
,
Psychotria grandiflora
,
Stenogyne kealiae
,
Tetraplasandra flynnii
Animals: Akekee, Akikiki,
Drosophila sharpi

Montane Wet

Plants:
Astelia waialealae
,
Chamaesyce remyi
var.
remyi
,
Dryopteris crinalis
var.
podosorus
,
Dubautia kalalauensis
,
Dubautia waialealae
,
Geranium kauaiense
,
Keysseria erici
,
Keysseria helenae
,
Labordia helleri
,
Labordia pumila
,
Lysimachia daphnoides
,
Melicope degeneri
,
Melicope puberula
,
Myrsine mezii
,
Phyllostegia renovans
,
Platydesma rostrata
,
Psychotria grandiflora
,
Tetraplasandra flynnii
Animals: Akekee, Akikiki,
Drosophila sharpi

Dry Cliff

Plants:
Chamaesyce eleanoriae
,
Lysimachia scopulensis
,
Schiedea attenuata
,
Stenogyne kealiae

Wet Cliff

Plants:
Chamaesyce remyi
var.
kauaiensis
,
Chamaesyce remyi
var.
remyi
,
Cyanea dolichopoda
,
Cyrtandra oenobarba
,
Cyrtandra paliku
,
Dubautia plantaginea
ssp.
magnifolia
,
Lysimachia iniki
,
Lysimachia pendens
,
Lysimachia venosa
,
Platydesma rostrata
,
Pritchardia hardyi

Under the Act, we are required to designate critical habitat to the maximum extent prudent and determinable concurrently with the publication of a final determination that a species is endangered or threatened. In this rule, we are designating critical habitat for 47 of the 48 Kauai species. We have determined that the designation of critical habitat is not prudent for one species of native palm tree due to the increased threat of collection that may result from such designation. The designation of critical habitat for the other 47 Kauai species is organized by common ecosystem. Although critical habitat is identified for each species individually, we have found that the conservation of each depends, at least in part, on the successful functioning of the commonly shared ecosystem. Each critical habitat unit identified in this final rule therefore contains the physical and

biological features essential to the conservation of each species and those areas that are essential for the conservation of each associated species.

Where the unit is not occupied by a particular species, we believe it is essential for the conservation of that species because it provides the physical and biological features necessary for the expansion of populations in the wild. All of the areas designated constitute critical habitat for multiple species, based upon the species' shared habitat requirements. The identification of critical habitat also takes into account any species-specific physical and biological features necessary for the conservation of that species as appropriate. For example, the presence of specific host plants for larval development is essential for the conservation of the picture-wing fly
Drosophila sharpi
, but is not a requirement shared by all species within the same ecosystem.

This approach represents a departure from our previous approaches to designating critical habitat for endangered and threatened species in Hawaii, which focused on discrete areas occupied by the species at the time of listing. Because Hawaii has 330 species listed under the Act, the previous approach to critical habitat designations resulted in an overlapping patchwork of critical habitat areas that could be confusing to the public to interpret. More importantly, we have learned that many native Hawaiian plants and animals currently occupy areas of marginal habitat because the threats are reduced in those areas, but these species can thrive when reintroduced into historical habitats when threats are being effectively managed. For this reason, we believe it is important to designate unoccupied habitat in those cases where it is essential to the recovery of the species and a designation limited to its present range would be inadequate to ensure the conservation of the species (50 CFR 424.12 (e)).

We believe the approach adopted in this final rule will make critical habitat in Hawaii a more useful conservation tool for land managers. Focusing on the management and restoration of habitat at the ecosystem scale and on ecosystem processes that these species require will result in more effective conservation than a designation based solely on the locations of the last few known individuals. In addition, we believe this approach will aid recovery given the uncertainties of climate change and other processes that may impact highly localized habitat conditions and features essential to the conservation of the species in the future. Critical habitat areas for multiple species may also better provide for the recovery of these species by guiding our conservation efforts as well as those of our partners, and by providing better information to the public and other entities about important conservation areas.

The Island of Kauai

The island of Kauai is the northernmost and oldest of the eight major Hawaiian Islands (Foote
et al.
1972, p. 3). It was formed about 6 million years ago by a single shield volcano and is 553 square miles (sq mi) (1,430 sq kilometers (km)) in area. The island is characterized by deeply incised canyons and steep ridges (Department of Geography 1998, p. 151). The large caldera, once the largest in the Hawaiian Islands, now extends about 10 mi (16 km) in diameter and comprises the elevated tableland of the Alakai Swamp (Department of Geography 1998, p. 151). To the west of the Alakai Swamp is the deeply incised Waimea Canyon, extending 10 mi (16 km) in length and up to 1 mi (1.6 km) in width. Later volcanic activity on the southeastern flank of the volcano formed the smaller Haupu caldera. Subsequent erosion and collapse of its flank formed Haupu Ridge (Macdonald
et al.
1983, p. 457).

The amount of rainfall on the Hawaiian Islands depends greatly on topography, and the orographic (mountain-caused) effect is revealed by the wide range in the pattern of annual rainfall, from 10 inches (in) to 450 in (25 centimeters (cm) to 1,145 cm) (Giambelluca and Schroeder 1998, p. 59). Variations in the landscape can create microclimates, with large changes in rainfall and wind patterns over very short distances (Wagner
et al.
1999, p. 43). Mount Waialeale, Kauai's second highest point at 5,148 feet (ft) (1,569 meters (m)) in elevation (Walker 1999, p. 21) is one of the wettest spots on earth, with annual rainfall measured at more than 450 in (1,145 cm) (Department of Geography 1998, p. 151). One of the island's most famous features is the Na Pali Coast, where stream and wave action have cut deep valleys and eroded the land to form precipitous cliffs as high as 3,000 ft (914 m) (Joesting 1984, p. 14).

The current soil classification system for the Hawaiian Islands distinguishes soil types based on their measurable physical and chemical properties, and environmental factors that influenced their formation. These characteristics include fertility, climate zone, degree of weathering, composition and arrangement of horizons (soil layers), and the soil's developmental history. Eleven of the 12 described soil orders have been reported in Hawaii (Gavenda
et al.
1998, p. 96). Hawaii's basaltic rocks decompose to clay and various oxides and hydroxides when exposed to the weather in high rainfall areas. Silica and other elements are leached out, leaving the iron oxides, which are conspicuously red in color and very evident in the eroded cliffs of Waimea Canyon. These red soils support plant life, and have low fertility and nutrient content (Walker 1999, p. 32). The soils in drier areas lack significant organic material and are characterized by deposits, called caliche, of soluble salts near the soil surface. Caliche may form concretions (solid mass or coalescence) around plant roots and stems (Walker 1999, p. 32).

Because of its age and relative isolation, levels of floristic diversity and endemism are higher on Kauai than on any other island in the Hawaiian archipelago. However, the vegetation of Kauai has undergone extreme alterations because of past and present land use. Land with rich soils was altered by the early Hawaiians and, more recently, converted to agricultural use (Gagne and Cuddihy 1999, p. 45) or pasture. Intentional and inadvertent introduction of alien plant and animal species has also contributed to the reduction in range of the native vegetation on the island of Kauai. (Throughout this rule, the terms “alien,” “feral,” “nonnative,” and “introduced” all refer to species that are not native to the Hawaiian Islands.) Most of the taxa included in this rule persist on steep slopes, precipitous cliffs, valley headwalls, and other regions where unsuitable topography has prevented urbanization and agricultural development, or where inaccessibility has limited encroachment by nonnative plant and animal species.

Kauai Ecosystems

The six Kauai ecosystems that support the species addressed in this final rule are described in the following sections..

Lowland Mesic

The lowland mesic ecosystem includes a variety of grasslands, shrublands, and forests, generally below 3,000 ft (914 m) elevation, that receive between 50 and 75 in (127 and 191 cm) of annual rainfall, or in otherwise mesic substrate conditions (The Nature Conservancy (TNC) 2006b). In the Hawaiian Islands, this ecosystem is found on Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, on both windward and leeward sides of the islands. On Kauai, this ecosystem is typically found

on the western slopes of the island (Gagne and Cuddihy 1999, p. 75; TNC 2006b). Biological diversity is high in this system (TNC 2006b), and 11 of the 48 species included in this final rule are reported from this ecosystem (Hawaii Biodiversity and Mapping Program (HBMP) 2007; The Nature Conservancy of Hawaii (TNCH) 2007).

Lowland Wet

The lowland wet ecological system is generally found below 3,000 ft (914 m) elevation on the windward sides of the main Hawaiian Islands, except Kahoolawe and Niihau (Gagne and Cuddihy 1999, p. 85; TNC 2006c). These areas include a variety of wet grasslands, shrublands, and forests that receive greater than 75 in (191 cm) of annual precipitation, or are found in otherwise wet substrate conditions (TNC 2006c). On Kauai, this system is best developed in wet valleys and slopes adjacent to the summit plateau of Waialealae and Alakai (TNC 2006c). According to TNC, biological diversity is high in this system (TNC 2006c), and 17 of the 48 species included in this final rule are reported from this ecosystem (HBMP 2007; TNCH 2007).

Montane Mesic

A variety of natural communities (e.g., grasslands, shrublands, and forests) are found in the montane mesic ecological system. This system is found between 3,000 and 6,600 ft (914 and 2,012 m) elevation in areas receiving 50 to 75 in (127 to 191 cm) of precipitation yearly (TNC 2006e). The montane mesic system is found on the islands of Hawaii, Maui, Molokai, and Kauai. On Kauai, this system is best developed on the west-facing slopes. The upper elevation for the montane mesic system on Kauai is constrained by the maximum elevation on the island (5,243 ft (1,598 m)). Biological diversity is ranked as moderate in the montane mesic system, according to TNC (TNC 2006e), and 12 of the 48 species included in this final rule are reported from this ecosystem (HBMP 2007; TNCH 2007).

Montane Wet

The montane wet ecological system is composed of natural communities (grasslands, shrublands, forests, bogs) found at elevations between 3,000 and 6,600 ft (914 and 2,012 m) and in areas where annual precipitation is greater than 75 in (191 cm) (TNC 2006f). The upper elevation for the montane wet system on Kauai is constrained by the maximum elevation on the island (5,243 ft (1,598 m)). This system is found on all of the main Hawaiian Islands except Niihau and Kahoolawe (TNC 2006f). On Kauai it is best developed in the summit plateau of Waialeale and Alakai. In this system, biological diversity is moderate to high (TNC 2006f), and 21 of the 48 species included in this final rule are reported from this ecosystem (HBMP 2007; TNCH 2007).

Dry Cliff

The dry cliff ecological system is composed of vegetation communities occupying steep slopes (greater than 65 degrees) in areas that receive less than 75 in (191 cm) of rainfall annually, or in otherwise dry substrate conditions (TNC 2006a). This system is found on all of the main Hawaiian Islands except Niihau, and on the island of Kauai is best developed in the leeward canyons. A variety of grasslands and shrublands occur within this system (TNC 2006a). Biological diversity is low to moderate in this system (TNC 2006a), and 4 of the 48 species included in this final rule are reported from this ecosystem (HBMP 2007; TNCH 2007).

Wet Cliff

The wet cliff ecological system is generally composed of grasslands and shrublands on near-vertical slopes (greater than 65 degrees) in areas that receive more than 75 in (191 cm) of annual precipitation, or that are in otherwise wet substrate conditions (TNC 2006d). This system is found on the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai. On Kauai, this system is typically found on the windward cliffs adjacent to Waialeale (TNC 2006d). Biological diversity is low to moderate in this system (TNC 2006d), and 11 of the 48 species included in this final rule are reported from this ecosystem (HBMP 2007; TNCH 2007).

Description of the 48 Species

Here we provide a brief description of each of the 48 species, presented in alphabetical order by genus; plants are presented first, followed by animals.

Plants

Astelia waialealae
(painiu), an herb in the Asteliaceae family, occurs in bogs and on bog hummocks (low mounds or ridges of vegetation) dominated by
Metrosideros polymorpha
(ohia) in the montane wet ecosystem at elevations between 4,000 and 5,000 ft (1,220 and 1,525 m) (Wagner
et al.
1999, p. 1461; TNCH 2007).
Astelia waialealae
was known historically from five locations in the Alakai Swamp region of Kauai (Wagner
et al.
1999, p. 1461; HBMP 2007). Between October and December 1994, botanists from the National Tropical Botanical Garden (NTBG) and the U.S. Fish and Wildlife Service (Service) undertook a systematic survey of bogs on the island of Kauai, revisiting all of the historically known locations of
A. waialealae
, as well as 16 additional bogs. At that time,
A. waialealae
was confirmed to exist in three bogs. One bog, known as Sincock Bog 1, contained 3
Astelia
clumps with 3 individuals in one, 5 in another, and possibly 10 in the third, for a total of 18 individuals.

Sincock Bog 2 contained two clumps, with one individual in each, and Waikoali Bog, or Circle Bog, contained two clumps with one individual in each (Perlman and Wood 1995, pp. 9--11). In 1996 and 1997, both Sincock Bog 1 and Sincock Bog 2 were fenced, followed by Circle bog in 1998. Regular monitoring of these bogs commenced, and with protection from the fences, there was an increase in numbers of clumps and individuals of
A. waialealae
found in all three bogs. By 2001, the numbers of clumps (and individuals) reached their peaks of 5 clumps (9 individuals) for Circle bog, 6 clumps (36 individuals) for Sincock Bog 1, and 2 clumps (7 individuals) for Sincock Bog 2. By 2003, numbers of individuals began dropping dramatically, with visible signs of poor health for those remaining (USFWS Kauai monitoring database 2008). Some individuals were removed at that point for preservation in local propagation facilities. Currently, there are 16 individuals, possibly representing 6 genetically distinct plants (Service 2005a; Wood 2006, pp. 8-9; USFWS Kauai monitoring database 2008; Wood 2008).

Canavalia napaliensis
(awikiwiki), a climbing plant in the pea family (Fabaceae), occurs in open sites, on talus slopes, and on gulch bottoms in mesic forest in the lowland mesic ecosystem, at elevations between 20 and 1,900 ft (6 and 579 m) (Wagner and Herbst 1999, p. 654; TNCH 2007).
Canavalia napaliensis
was historically known from 12 locations along the northwestern coast of the island of Kauai, extending westward from Haena to Makaha ridge (HBMP 2007). Currently, this species is restricted to a small section of the Na Pali coast from Haena to Kalalau Valley (S. Perlman, pers. comm. 2000; HBMP 2007), in 5 populations totaling approximately 106 to 206 individuals (HBMP 2007). The populations are located in Hoolulu Valley (50 to 100 individuals); Waiahuaka Valley (1 individual); Pohakuao (5 individuals); Kalalau Valley (50 to 100 individuals); and Limahuli Valley (1 individual) (Wagner and Herbst 1999, p. 654; HBMP 2007).

Chamaesyce eleanoriae
(akoko), a small shrub in the spurge family

(Euphorbiaceae), is restricted to steep, north-facing, narrow ridge crests, outcrops, and steep rocky slopes and upper portions of basalt cliffs in the dry cliff and lowland mesic ecosystems (Lorence and Wagner 1996, p. 68; K. Wood, NTBG 2007a; TNCH 2007). Documented habitats include
Metrosideros-Diospyros
(ohia-lama) mesic forest,
Metrosideros
cliff shrubland,
Metrosideros
mesic shrubland, and
Eragrostis variabilis
(kawelu) coastal dry cliffs, at elevations between 885 and 3,499 ft (270 and 1,036 m) (HBMP 2007).
Chamaesyce eleanoriae
was historically known from 10 populations totaling fewer than 500 individuals (K. Wood 2007a; Lorence and Wagner 1996, pp. 68-70). Currently, three populations are known: one at the Kalalau Valley rim between 2,950 and 3,200 ft (900 and 975 m), below and between the two Kalalau lookouts; one at Alealau above Kalalau at 3,100 ft (945 m) elevation; and one at Pohakuao, an isolated hanging valley northeast of Kalalau, at elevations from 886 to 2,592 ft (270 to 790 m). As of the last monitoring visit in 2001, these 3 populations combined totaled fewer than 50 individuals (NTBG 2007).

Chamaesyce remyi
var.
kauaiensis
(akoko), a shrub in the spurge family (Euphorbiaceae), is found in the lowland wet and wet cliff ecosystems in
Metrosideros polymorpha
wet forest at elevations between 1,900 and 2,297 ft (579 and 700 m) (Koutnik 1999, pp. 613-614; HBMP 2007; TNCH 2007). Little is known about the historical range of this species; however, two collections made on private lands at Kaholuamanao and near Hanapepe Falls in 1916 and 1926, respectively, indicate that its range likely extended south and west from its currently known locations on the island of Kauai (HBMP 2007). Currently,
C. remyi
var.
kauaiensis
is found in Lumahai Valley, Wainiha, Wailua River, the “Blue Hole” at the head of Wailua River in the Lihue-Koloa forest reserve, and at Iliiliula (K. Wood, pers. comm. 2005a; HBMP 2007). Based on surveys conducted from 2000 through 2004, the number of individuals at Lumahai Valley dropped from 50 to only “occasional.” The number of individuals at Wailua River dropped from 500 to 200; the number of individuals at the Wainiha population increased from 200 to as many as 700; about 200 are found at “Blue Hole”; and a population of 20 individuals was found in Iliiliula (K. Wood, pers. comm. 2005a; HBMP 2007). The total number of individuals is at least 920 and possibly over 1,000 in the 5 populations.

Chamaesyce remyi
var.
remyi
(akoko) is a vine-like shrub in the spurge family (Euphorbiaceae) found in the lowland mesic, lowland wet, wet cliff, montane mesic, and montane wet ecosystems in mesic to wet
Metrosideros polymorpha-Dicranopteris linearis
(ohia-uluhe) forest, at elevations between 1,200 and 4,100 ft (366 and 1,250 m) (Wood 1998; Koutnik 1999, pp. 613-614; HBMP 2007; TNCH 2007). This species is historically known from widely distributed populations on the island of Kauai (HBMP 2007). Currently
C. remyi
var.
remyi
is found in 10 populations totaling a little more than 350 individuals at Pohakupili, Makaleha, Malamamaiki, Limahuli, Lumahai, Limahuli-Hanakapiai, Kalalau-Honopu, Koaie canyon, Wahiawa drainage, and Puu Kolo (Wood 1998; K. Wood, pers. comm. 2005a; HBMP 2007).

Charpentiera densiflora
(papala) is a tree in the amaranth family (Amaranthaceae) which occurs primarily in the lowland mesic ecosystem, with one record from the lowland wet ecosystem (Wagner
et al.
1999, p. 190; HBMP 2007; TNCH 2007). This species is found in moist, closed areas, and grows along drainages and in gulches in valleys, primarily in
Diospyros-Metrosideros
(lama-ohia) mixed mesic forest, at elevations between 400 and 2,200 ft (122 and 671 m) (HBMP 2007). Historically,
C. densiflora
was found along the Kalalau trail in the Hoolulu Valley, with limited distribution in three valleys (including Hanakapiai and Hanakoa) along the Na Pali Coast of Kauai (Sohmer 1972, p. 294). Currently, 7 populations are known, totaling approximately 400 individuals, in Hanakapiai, Kalalau, Limahuli, Hoolulu, and Waiahuakua valleys, and in Pohakuao, a hanging valley between Kalalau and Hanakoa (HBMP 2007).

Cyanea dolichopoda
(haha) is a shrub in the bellflower family (Campanulaceae). It is found in
Metrosideros polymorpha
lowland wet shrubland on a cliff face at approximately 2,300 ft (700 m) elevation within the wet cliff ecosystem (Lammers and Lorence 1993, p. 432; TNCH 2007). The species was first discovered in 1990 in the “Blue Hole” area below Mt. Waialeale, and the plant was last seen in 1992 (Lammers and Lorence 1993, pp. 431-432). However, additional individuals are very likely to be found in the extremely steep habitat with additional surveys (S. Perlman 2007).

Cyanea eleeleensis
(haha) is a shrub in the bellflower family (Campanulaceae) and is reported from the lowland wet ecosystem (Lammers 1992, p. 129; TNCH 2007). It was found growing in a shaded gulch in wet forest, surrounded by steep, precipitous cliffs of Pali Eleele, at an elevation of 699 ft (213 m) (HBMP 2007; Lammers 1992, p. 129). This species was discovered in Wainiha Valley on the island of Kauai in 1977, in one population noted as “fewer than 10” individuals (Lammers 1992, p. 129; K. Wood, pers. comm. 2000; HBMP 2007). Collections for genetic storage and ex situ (off site) propagation were not made at the time of the 1977 discovery. Since its discovery in 1977, subsequent surveys for this species have not been conducted in the original (type) location. Although individuals of this species were not observed in surveys conducted in August 2001 and June 2002 in areas adjacent to the original location, much of the suitable habitat (
Metrosideros
lowland wet forest) for this species on Kauai has not been surveyed. If surveys are conducted, additional individuals are likely to be found (S. Perlman and K. Wood, pers. comm. 2007).

Cyanea kolekoleensis
(haha), a shrub in the bellflower family (Campanulaceae), occurs in wet
Metrosideros polymorpha
forest in the lowland wet ecosystem at elevations of 2,125 to 2,500 ft (650 to 765 m) (Lammers 1992, p. 130; HBMP 2007; TNCH 2007). First discovered in 1987 in the Wahiawa drainage, the last known
C. kolekoleensis
was observed in 1992. Seeds were in storage and propagation for this species was attempted, but none survived (M. Clark, NTBG 2007; Lyon Arboretum 2007). However, there are many areas within the ecosystem type in the Wahiawa drainage that have not been surveyed for this species, from Mt. Kahili to Kapalaoa and the Hanapepe Valley rim, and species experts are confident that additional individuals will be found (S. Perlman 2007).

Cyanea kuhihewa
(haha), a shrub in the bellflower family (Campanulaceae), is reported from
Metrosideros polymorpha-Dicranopteris linearis
wet forest at an elevation of 1,680 ft (512 m) in the lowland wet ecosystem (Lammers 1996, pp. 238-240; HBMP 2007; TNCH 2007). In a 1994 survey for
C. kuhihewa
, seven individuals were observed, most of which were damaged by a nonnative insect, the two-spotted leafhopper (
Sophonia rufofacia
) (NTBG Provenance Report 1994). In 2001, only one individual plant remained, which was observed dead in 2003 (Wood
et al.
2002, p. 3; S. Perlman, pers. comm. 2003a). Prior to that time, seeds and tissue were collected for genetic storage and propagation; however, this species is no longer in storage or propagation (Wood
et al.
2002, p. 3; Bender 2006, p. 1; N. Sugii, Lyon Arboretum, pers.

comm. 2006; V. Pence, Cincinnati Zoo and Botanical Garden, pers. comm. 2007; D. Burney, NTBG, pers. comm. 2009). Much of the suitable habitat (
Metrosideros
lowland wet forest) for this species on Kauai has not been surveyed.

Cyrtandra oenobarba
(haiwale) is a subshrub (a low-growing woody shrub or perennial with a woody base) in the African violet family (Gesneriaceae) that occurs in the lowland wet and wet cliff ecosystems (Wagner
et al.
1999, pp. 770-771; TNCH 2007).
Cyrtandra oenobarba
is found on wet slopes, mossy areas, or in rock crevices near waterfalls in
Metrosideros polymorpha-Dicranopteris linearis
wet cliffs, forest, and shrubland, at elevations between 1,320 and 2,800 ft (402 and 853 m) (Wood 1998, p. 3; HBMP 2007). Historically, wide-ranging collections were made of
C. oenobarba
on the island of Kauai, from the eastern side at Kekoiki ridge, the northern coast at Haena, the south-central area at Olokele and Hanapepe, and from the south at Haupu (NTBG Provenance Report 1993; HBMP 2007). Currently, populations of
C. oenobarba
in the Halelea Forest Reserve include east Mamalahoa (10 individuals), north Namolokama (15 to 200 individuals), and Hanalei Valley (scattered) on State land, and upper Lumahai Valley (50 individuals) and Wainiha (100 individuals) on private land (HBMP 2007). Populations of
C. oenobarba
in the Lihue-Koloa Forest Reserve include Wailua River (40 to 50 individuals) on State land, and Iliiliula drainage (occasional) and Wahiawa drainage (50 individuals) on private land (HBMP 2007). The 8 populations total 270 to as many as 450 individuals (NTBG Provenance Report 1993; HBMP 2007; Wood 1998, p. 3).

Cyrtandra paliku
(haiwale) is a subshrub in the African violet family (Gesneriaceae) that occurs on seeping basalt rock faces of north-facing cliffs dominated by
Metrosideros polymorpha
and
Dicranopteris linearis
in the wet cliff ecosystem, at elevations between 2,200 and 2,800 ft (670 to 850 m).
Cyrtandra paliku
was first discovered in 1993 on the cliffs below Kekoiki, in the Makaleha Mountains of Kauai, where approximately 70 individuals were found (Wagner
et al.
2001, pp. 150-151; HBMP 2007; TNCH 2007). The species maintained a population of approximately 70 individuals from 1993 through 1999; however, there are currently only 10 known individuals (S. Perlman 2006).

Diellia mannii
is a fern in the asplenium family (Aspleniaceae). It is found on a northwest-facing slope just above a gulch bottom in what was likely
Acacia koa
(koa)-
Metrosideros polymorpha
dominated montane mesic forest in the past, but which is now a forest dominated by the nonnative
Corynocarpus laevigatus
(karakanut) in the montane mesic ecosystem, at an elevation of 3,450 ft (1,050 m) (Aguraiuja and Wood 2003, p. 155; HBMP 2007; TNCH 2007).
Diellia mannii
was historically known from one location in the Halemanu area of what is now Kokee State Park, in the northwestern region of Kauai. The species was thought to be extinct since the early 1900s, until 2002 when a single individual was rediscovered (Aguraiuja and Wood 2003, pp. 154-155; Palmer 2003, p. 120). Currently, the species is known only from this one individual in the southeastern branch of Nawaimaka Stream in the Halemanu Mountains of Kokee State Park (HBMP 2007).

Doryopteris angelica
is a fern in the pteris family (Pteridaceae) found in
Acacia koa-Metrosideros polymorpha
lowland mesic forest in the lowland mesic ecosystem at elevations between roughly 1,900 and 3,000 ft (579 and 914 m) (HBMP 2007; TNCH 2007). Three populations of fewer than 20 individuals were discovered in 1994, and currently the species is known from approximately 29 to 54 individuals in 5 populations at Awaawapuhi (2 to 3 individuals), Mahanaloa (3 to 6 individuals), Makaha (10 to 20 individuals), Kuia (10 to 20 individuals), and Paaiki (4 to 5 individuals) (NTBG 1998; Wagner [W.H.]
et al.
1999b, p. 147; Wood 1999, 2000, 2007a; S. Perlman 2006; HBMP 2007).

Dryopteris crinalis
var.
podosorus
, a fern in the dryopteris family (Dryopteridaceae), is known from steep to vertical riparian basalt walls within dark seeping drainages in
Metrosideros polymorpha
montane wet forest within the montane wet ecosystem, from 4,000 to 5,100 ft (1,200 to 1,550 m) in elevation (TNCH 2007; Wood 2007a). Historically, this variety was known from the Kokee area, Kawaikoi, and Waialeale (Palmer 2003, p. 139). Currently, 3 populations totaling 32 to 47 individuals are known. The Mohihi population is made up of 10 to 20 individuals, from 15 to 20 individuals comprise the south Kilohana population, and the Waialeale population is known from 7 individuals (Wood 2007a).

Dubautia imbricata
ssp.
imbricata
(naenae), a shrub in the sunflower family (Asteraceae), currently occurs in the lowland wet ecosystem, although there are historical records from the montane wet ecosystem as well (Carr 1999, p. 298; TNCH 2007). Occurrence records show that
D. imbricata
ssp.
imbricata
has typically been found in wet
Metrosideros polymorpha
forest and
Metrosideros, Oreobolus
(sedge),
Rhynchospora
(kuolohia) bogs at elevations between approximately 2,165 and 3,640 ft (660 and 1,110 m) (HBMP 2007). Historically and currently,
D. imbricata
ssp.
imbricata
is known only from the Wahiawa Mountains of Kauai (St. John and Carr 1981, pp. 198, 201; Carr 1999, p. 298; HBMP 2007). There are approximately 200 individuals at Wahaiawa drainage, approximately 1,000 individuals on both sides of the ridge between Hanapepe and Iole, and an estimate of several hundred individuals at Iliiliula (K. Wood, pers. comm. 2005a; HBMP 2007). These 3 populations total approximately 1,400 individuals (K. Wood, pers. comm. 2005a; HBMP 2007).

Dubautia kalalauensis
(naenae), a shrub or tree in the sunflower family (Asteraceae), is found in the montane wet ecosystem in
Metrosideros polymorpha
wet forest at elevations between 4,000 and 4,050 ft (1,205 and 1,235 m) (Baldwin and Carr 2005, p. 261; TNCH 2007). Historically, this species, as a part of the species
Dubautia laxa
, was known from several locations below the rim of Kalalau Valley in Kokee State Park in the northwestern region of Kauai. Currently,
D. kalalauensis
is found in only one location along the rim of Kalalau Valley near Puu o Kila Lookout and totals 26 individuals (Baldwin and Carr 2005, p. 261).

Dubautia kenwoodii
(naenae), a shrub in the sunflower family (Asteraceae), is found in diverse lowland mesic forest in the lowland mesic ecosystem at an elevation of 2,625 ft (800 m) (HBMP 2007; TNCH 2007; Wood 2007b). First described in 1998 as a new species,
D. kenwoodii
is known from one individual found below the western rim of Kalalau Valley, in the northwestern region of Kauai (Carr 1998). This individual was not observed after Hurricane Iniki, and may possibly be extirpated; however, more individuals may be found in future surveys (D. Burney, NTBG, pers. comm. 2009).

Dubautia plantaginea
ssp.
magnifolia
(naenae) is a shrub or small tree in the sunflower family (Asteraceae) found in the wet cliff ecosystem (Carr 1999, p. 304; HBMP 2007; TNCH 2007). Typical habitat for this species includes wet cliff and wet forest and shrubland at elevations between 1,542 and 2,395 ft (470 and 730 m) (HBMP 2007). Historically,
D. plantaginea
ssp.
magnifolia
was known from two populations less than 2 mi (3.2 km)

apart in bog habitat in the Alakai Wilderness Preserve and the Na Pali-Kona Forest Reserve on Kauai (HBMP 2007). In 1992, the year that Hurricane Iniki struck Kauai, the only known population at “Blue Hole” at the headwaters of the Wailua River of “a couple hundred” individuals was greatly reduced. Currently, there are approximately 100 individuals (S. Perlman, pers. comm. 2003b).

Dubautia waialealae
(naenae) is a dome or tussock-shaped shrub in the sunflower family (Asteraceae) that occurs in bogs in the montane wet ecosystem at elevations between 3,980 and 5,249 ft (1,213 and 1,600 m) (Carr 1999, p. 308; HBMP 2007; TNCH 2007). The type collection was made on the summit of Waialeale in 1909 (Rock 1910, p. 304), but little is known of other historical locations of
D. waialealae
on Kauai. Currently, there is one large population centered on the rain-gauge summit of Waialeale, with many subpopulations radiating about 0.6 mi (1 km) to the north and south. These subpopulations were observed in groups of 7 to 400 individuals (Wood 2006, pp. 25-29), with a total population of 3,000 individuals (Wood 2006, p. 9). In 1994, a single individual of
D. waialealae
was reported at North Bog, 8.5 mi (14 km) away from the population at Waialeale; however, in 2006, it was reported that this individual had died (K. Wood 1994a; M. Bruegmann, pers. comm. 2006b; HBMP 2007).

Geranium kauaiense
(nohoanu) is a decumbent (reclining) subshrub in the geranium family (Geraniaceae) (Wagner
et al.
1999, p. 733). It occurs in the montane wet ecosystem in
Metrosideros-Rhynchospora
bogs and bog margins at elevations between 4,000 and 4,080 ft (1,219 and 1,463 m) (Wagner
et al.
1999, p. 733; HBMP 2007; TNCH 2007). Historically,
G. kauaiense
was known from montane bogs on the island of Kauai, ranging from North Bog to as far south as the summit of Waialeale (HBMP 2007). Currently, there are 3 subpopulations within a very small range (within 0.5 mi, 0.8 km) in the Halehaha Bogs of the Alakai Wilderness Preserve totaling approximately 140 individuals, and 3 individuals at the Waialeale Summit Bog (K. Wood 1994b; S. Perlman, pers. comm. 1999b; Wood 2006, p. 10; HBMP 2007; Wood 2008).

Keysseria erici
is a herb in the sunflower family (Asteraceae) that occurs in
Metrosideros
mixed bogs in the montane wet ecosystem, at elevations between 4,000 and 5,120 ft (1,219 and 1,561 m) (Mill 1999, pp. 329-330; HBMP 2007; TNCH 2007). Little is known of the historical occurrences of
K. erici
. The type was collected by Forbes (1918, p. 306) from the “Alakai swamp, Waimea drainage basin” on Kauai. Currently, this species is found in three to four populations totaling several thousand individuals (HBMP 2007). The populations occur at Namolokama, Hanakapiai-Wainiha ridge, In-between Bog, and at the Kilohana bogs (including Rain Gauge Bog, T Bog, and Platanthera Bog) (HBMP 2007).

Keysseria helenae
is an herb in the sunflower family (Asteraceae) and is found in
Metrosideros polymorpha
or mixed sedge and grass bogs at elevations between 3,900 and 5,120 ft (1,189 and 1,561 m) in the montane wet ecosystem (Mill 1999, p. 330; HBMP 2007; TNCH 2007). Little is known of the historical occurrences of
K. helenae
. The type was collected from the “swamp near Kaholuamano” by Forbes (1918, p. 306). Currently, this species is found at Kauluwehi Bog in the Alakai Wilderness Preserve, at Waialeale, and on Kahili-Kawaikini Ridge, totaling approximately 300 individuals (K. Wood, pers. comm. 2003b; HBMP 2007).

Labordia helleri
(kamakahala) is a shrub, sometimes climbing, in the logania family (Loganiaceae) (Wagner
et al.
1999, pp. 856-857). It occurs in
Metrosideros-Acacia-Dicranopteris
mesic to wet forest, at elevations between 1,200 and 3,900 ft (366 and 1,189 m), in the lowland mesic, lowland wet, montane mesic, and montane wet ecosystems (HBMP 2007; TNCH 2007). Historically,
L. helleri
was wide-ranging on Kauai. Collections were made as far south as the Haupu Mountains, through central Kauai to the northwestern coast (HBMP 2007). Currently, there are 10 populations totaling 350 to 550 individuals. The largest population extends from the Na Pali Kona Forest Reserve into Kuia Natural Area Reserve (NAR), and contains 300 to 500 individuals at Honopu, Awaawapuhi, Kuia drainage, and Kalalau-Milolii ridge. Other much smaller populations occur at upper Mahanaloa (10 individuals), Limahuli (recorded as “occasional” in HBMP database), Waioli (1 individual), Kaunuohua ridge (1 individual), Kohua ridge (1 individual), Koaie stream (10 individuals), Kawaiiki (3 individuals), southeast Puu Kolo (recorded as “localized” in HBMP database), and Puu Kolo-Kahuamoa (1 individual) (HBMP 2007).

Labordia pumila
(kamakahala), a shrub in the logania family (Loganiaceae), occurs in the montane wet ecosystem at elevations between 3,478 and 5,100 ft (1,060 to 1,555 m) in
Metrosideros polymorpha
mixed sedge and grass bogs (Wagner
et al.
1999, p. 860; HBMP 2007; TNCH 2007). Little is known of the historical locations of
L. pumila
on Kauai. The type specimen was collected by Wawra (1869, 1870) at the summit of Waialeale. Currently,
L. pumila
is found in three populations on the Alakai plateau. The largest population along the Wainiha rim totals 500 individuals (HBMP 2007). There are also about 300 to 400 individuals at the summit of Waialeale, and occasional individuals at Namolakama (Wood 2006, p. 10). The total number of known individuals from all 3 populations is 800 to 900; however, one estimate suggests that the overall population in the summit areas may be as high as 5,000 to 6,000 individuals (Wood 2006, p. 10).

Lysimachia daphnoides
(lehua makanoe), a member of the myrsine family (Myrsinaceae), is found in
Metrosideros polymorpha
mixed bogs on hummocks, at elevations between 3,960 and 4,440 ft (1,207 and 1,353 m) in the montane wet ecosystem (Marr and Bohm 1997, p. 265; Wagner
et al.
1999, p. 1,080; HBMP 2007; TNCH 2007). Historically,
L. daphnoides
was known from the more southerly mountains of Kauai, including the Wahiawa drainage and ridges, in what is now the Lihue-Koloa Forest Reserve (HBMP 2007). Currently, this species is found in the Alakai Wilderness Preserve and the Na Pali Kona Forest Reserve, in 3 populations totaling 200 to 300 individuals (HBMP 2007; Service 2005a). The population along the Alakai swamp trail (including Charlie's Bog, Kilohana, south Kilohana, and northwest Kilohana) totals 190 to 280 individuals; the second population includes Sincock Bog 1 and Kauluwehi (21 individuals); and the third population occurs at Waiakoali-Mohihi and Mohihi drainage (7 individuals) (HBMP 2007).

Lysimachia iniki
is a woody shrub in the myrsine family (Myrsinaceae) that occurs on wet, mossy, or rocky cliffs in the wet cliff ecosystem at 2,400 ft (720 m) (Marr and Bohm 1997, pp. 270-271; TNCH 2007). This species was first described in 1997 from material collected in the “Blue Hole” at the headwaters of the Wailua River on Kauai. At the time it was discovered it was known from 26 individuals, and currently at least 40 individuals are known (Marr and Bohm 1997, pp. 270-271; S. Perlman 2006, 2007).

Lysimachia pendens
is a many-branched shrub in the myrsine family (Myrsinaceae) and is reported from wet, mossy, or rocky cliffs in the wet cliff ecosystem at 2,400 ft (720 m) (Marr and Bohm 1997, p. 275; TNCH 2007). This

species was discovered in the “Blue Hole” area of Kauai in 1987 from several small populations totaling approximately 100 individuals (Marr and Bohm 1997, p. 275; DOFAW 2005 [Comprehensive Conservation Wildlife Strategy]). Many plants were destroyed by two major landslides that apparently occurred between 1997 and 2003, based on information taken from field survey reports. Currently, the species is known from only eight individuals (S. Perlman 2003, 2006, and 2007).

Lysimachia scopulensis
, a shrub in the myrsine family (Myrsinaceae), is found on cliffs in lowland diverse mesic forest pockets at elevations between 2,950 and 3,200 ft (900 and 975 m) within the dry cliff ecosystem (Wood 2007d; TNCH 2007). First discovered in 1991 in Kalalau Valley, this species is currently known from two populations. The Kalalau population is comprised of approximately 15 individuals and the Puu Kii population is comprised of 10 to 15 individuals, for a total of 25 to 30 individuals (Marr and Bohm 1997, pp. 283-284; Wood 2007d).

Lysimachia venosa,
a shrub in the myrsine family (Myrsinaceae), occurs in
Metrosideros polymorpha
dominated wet forest areas in the wet cliff ecosystem, at elevations between 3,000 and 5,700 ft (915 and 1,740 m) (Marr and Bohm 1997, p. 284; Wood 2006, p. 11; TNCH 2007).
Lysimachia venosa
was known historically from two collections in the early 1900s from the Waialeale summit region of Kauai (Marr and Bohm 1997, p. 284; Wagner
et al.
1999, p. 1,085; HBMP 2007). In 1991, a broken branch of this species was collected from the headwaters of the Wailua River that had fallen from the cliffs above, possibly from the summit area of Waialeale (Wood 2006, p. 11; Marr and Bohm 1997, p. 284). While no plants were found during surveys of the summit area in 2006, there is still additional habitat to be surveyed, and species experts believe
L. venosa
still exists (S. Perlman 2007; Wood 2006, p. 11).

Melicope degeneri
(alani) is a small shrub or tree in the rue family (Rutaceae) that occurs in the montane wet ecosystem in
Metrosideros-Cheirodendron-Dicranopteris
wet forest between the elevations of 3,000 and 3,800 ft (914 and 1,158 m) (Stone
et al.
1999, p. 1186; HBMP 2007; TNCH 2007).
Melicope degeneri
was thought to be extinct until it was rediscovered in Pohakuao, just beyond the northwest corner of the Hono o Na Pali NAR, in 1993 (Wood 2000, p. 6), and subsequently observed in upper Hanakoa in 1995 and along Koaie Stream in 1999 (NTBG Accession Data 1999). The Pohakuao individual has not been relocated since its discovery (Wood 2000, p. 5). Ten trees were originally documented during the discovery of the Hanakoa population in 1995 (Wood 2000, p. 4; Wood 2007 pp. 4-6). Since 1995, 2 of the trees have died and 3 additional individuals were located, for a current total of 11 individuals at Hanakoa (S. Perlman 2007c; N. Tangalin 2007a). One small mature individual of
M. degeneri
was found growing in Koaie Canyon's upper drainage in 1999, and was last observed there in September of 2006 (K. Wood, pers. comm. 2007b). A new population of 9 individuals was found in Wainiha Valley, bringing the total known number of
M. degeneri
to 22, or possibly 23, known individuals (Wood 2008).

Melicope paniculata
(alani) is a tree in the rue family (Rutaceae) (Stone
et al.
1999, p. 1,199). It occurs in the lowland wet ecosystem in forests dominated by
Metrosideros polymorpha
, at elevations between 1,200 and 2,680 ft (365 and 815 m) (Stone
et al.
1999, p. 1199; HBMP 2007; TNCH 2007). This species was historically reported from central Kauai (HBMP 2007; Stone
et al.
1999, p. 1199). Currently,
M. paniculata
is known from 6 sites, with 5 individuals in upper Limahuli Valley, 3 individuals along the north fork of the Wailua River, 1 to 5 individuals along Koaie Stream, and 3 individuals on the ridge between Hulua and Kapalaoa. The population in Lumahai Valley is estimated to be approximately 100 to 200 individuals; however Bender (2006, p. 7) estimated that there may be a total of 500 individuals (Wood 1998, p. 4; Stone
et al.
1999, p. 1199; Wagner and Herbst 2003, p. 45; HBMP 2007).

Melicope puberula
(alani) is a shrub or small tree in the rue family (Rutaceae) that occurs in the lowland wet and montane wet ecosystems in wet forest and bogs at elevations ranging between 2,080 and 4,100 ft (634 and 1,250 m) (Stone
et al.
1999, p. 1202; HBMP 2007; TNCH 2007). Historically,
M. puberula
was known from the Alakai Swamp on the island of Kauai (St. John 1944b, p. 266). Currently, this species is known from the south rim of Kalalau east to the Alakai-Kilohana plateau area, and north into Hono o Na Pali NAR (HBMP 2007). The Hawaii Biodiversity and Mapping Program delineated these three areas as one population (referred to as the Kalalau-Wainiha population) (HBMP 2007). In 1993, a single individual was observed near Hinalele Falls in the southern portion of the Wainiha Mountain Range (HBMP 2007). The largest population occurs in the Alakai-Kilohana Plateau area with approximately 600 individuals. About 100 individuals are found within the Kalalau area, and approximately 200 individuals occur within the Hono o Na Pali NAR, for a total of approximately 900 individuals (HBMP 2007).

Myrsine knudsenii
(kolea) is a small tree in the myrsine family (Myrsinaceae). Historically, the species may have been found in lowland mesic and lowland wet ecosystems, but currently it is only known from
Acacia koa-Metrosideros polymorpha-Dicranopteris linearis
mesic forest at elevations between 3,200 and 3,900 ft (975 and 1,200 m) in the montane mesic ecosystem (Wagner
et al.
1999, p. 941; Wood
et al
. 2002, p. 15; HBMP 2007; TNCH 2007). Historically,
M. knudsenii
was found in Hanapepe Valley in south-central Kauai; Kawaiula Trail in western Kauai; and Awaawapuhi, Kumuwela, Honopu, and Nualolo in the Kokee region of the island of Kauai (Wagner
et al
. 1999, p. 941). Currently, the species is known from 3 populations totaling approximately 30 individuals at Honopu, Awaawapuhi, and Nualolo (S. Perlman 2007; Wood
et al
. 2001, p. 10; Wood
et al
. 2002, p. 15; HBMP 2007; Wood 4907 (BISH)).

Myrsine mezii
(kolea), a small tree in the myrsine family (Myrsinaceae), is found in
Acacia-Metrosideros
forest in the montane mesic and montane wet ecosystems at elevations between 3,380 and 3,480 ft (1,030 and 1,060 m) (Wagner
et al
. 1999, p. 943; HBMP 2007; NTBG Accession Data 9888, 2002; TNCH 2007).
Myrsine mezii
is known from only two locations totaling five individuals, in the Koaie Canyon area of western Kauai (N. Tangalin 2007b). Four trees comprise one population at Nawaimaka, and the second known occurrence at Kawaiiki is composed of a single tree in poor condition (N. Tangalin 2007b). The population size has not changed in the last 10 years, and historical locations and numbers are unknown.

Phyllostegia renovans
, a subshrub in the mint family (Lamiaceae), occurs at elevations from 2,700 to 3,700 ft (225 to 1,125 m) in
Metrosideros polymorpha
wet forest in the lowland wet and montane wet ecosystems (HBMP 2007; TNCH 2007). First discovered in 1989 in the headwaters of the Wainiha River, this species is currently known from 6 populations: approximately 30 surviving individuals reintroduced into Limahuli Valley after the last wild individual from that area died, 23 individuals at Wainiha, 10 individuals at Kalalau Valley, 1 individual in Lumahai Valley, 1 individual at Kapalaoa, and 1 individual at the headwaters of Kamooloa Stream (K. Wood 1994, p. 4; Wagner 1999, p. 275;

HBMP 2007, D. Burney, NTBG, pers. comm. 2009).

Pittosporum napaliense
(hoawa) is a small tree in the pittosporum family (Pittosporaceae) typically found in
Pandanus
and lowland mesic forest in the lowland mesic ecosystem, at elevations between 400 and 2,100 ft (122 and 640 m) (Wagner
et al
. 1999, pp. 1045-1047; HBMP 2007; TNCH 2007). Historically,
P. napaliense
was known from northwestern Kauai (Wagner
et al
. 1999, p. 1047; HBMP 2007). Currently, this species is known from 3 populations; two of which are located within the Hono o Na Pali NAR in Waiahuakua (50 individuals) and Hoolulu valleys (100 individuals), with the third population (10 to 50 individuals) located in upper Kalalau Valley in the Na Pali Coast State Park (HBMP 2007).

Platydesma rostrata
(pilo kea lau lii) is a shrub in the rue family (Rutaceae). It occurs in the lowland mesic, lowland wet, wet cliff, montane mesic, and montane wet ecosystems, in forest dominated by
Acacia koa
and
Metrosideros polymorpha
, at elevations between 2,500 and 4,000 ft (760 and 1,220 m) (Stone
et al
. 1999, p. 1210; HBMP 2007; TNCH 2007).
Platydesma rostrata
was historically known from Makaha and Milolii ridge in the Na Pali Kona Forest Reserve, and Kaunuohua ridge and Nualolo trail in Kokee State Park, on the island of Kauai (HBMP 2007). Currently, this species is found in the Na Pali Kona Forest Reserve on the Awaawapuhi and Honopu trails; in Halelea Forest Reserve at Lumahai; in Hono o Na Pali NAR at Pihea; in Kunia NAR on the Nualolo Trail; in Mahanaloa and Kuia valleys; and in the Lihue-Koloa Forest Reserve at Pohakupele, Hulua, Kapalaoa, and Iliiliula Valley (HBMP 2007). These small populations total approximately 100 individuals (HBMP 2007).

Pritchardia hardyi
(loulu) is a tree in the palm family (Arecaceae) that occurs in the lowland wet and wet cliff ecosystems (Read and Hodel 1999, p. 1370; TNCH 2007). It is found in
Metrosideros-Dicranopteris
wet forest and shrubland and on windswept windward ridges and headwater drainages, at elevations between 1,800 and 3,400 ft (548 and 1036 m) (Read and Hodel 1999, p. 1370; HBMP 2007). Historically,
P. hardyi
was known from a single population totaling about 200 individuals in an area on the southeast (windward) side of Kauai (HBMP 2007). An additional population totaling about 100 individuals was found north of that area (NTBG Provenance Report 040094), bringing the total number of known individuals of
P. hardyi
to approximately 300.

Psychotria grandiflora
(kopiko) is a small tree or shrub in the coffee family (Rubiaceae) that occurs in the montane mesic and montane wet ecosystems (K. Wood 2007a; TNCH 2007). It is found in
Acacia-Metrosideros
mesic to wet forest between the elevations of 3,400 and 4,100 ft (1,128 and 1,250 m) (HBMP 2007). Historically, this species was known from collections at Waimea, Kokee, and Kalalau, all from the northwestern area of Kauai (Fosberg 1964, p. 258). Currently, 10 small populations of
P. grandiflora
are found only within Kokee State Park, and are estimated to total between 16 and 30 individuals (Arnold 2007, pp. 1-3; HBMP 2007; S. Perlman 2007d; N. Tangalin 2007c).

Psychotria hobdyi
(kopiko) is a tree in the coffee family (Rubiaceae) that occurs in lowland
Acacia koa-Metrosideros polymorpha
mesic forest in the lowland mesic ecosystem at elevations between 1,700 and 2,700 ft (520 and 825 m) (Wagner
et al
. 1999, pp. 1166-1168; HBMP 2007; TNCH 2007). The first collection of
P. hobdyi
was made in Mahanaloa Valley on Kauai in 1970 (St. John 1975, p. 59). Currently, this species is known from 10 populations totaling approximately 120 individuals in the following locations: 1 population of 2 individuals in Kawaiula Valley; 1 population of approximately 5 individuals at the junction of Mahanaloa Valley and Kuia Valley; 3 populations totaling approximately 47 individuals in Mahanaloa Valley; 2 populations of 17 to 22 individuals in Paaiki Valley; 2 populations of approximately 39 individuals in Poopooiki Valley; and 1 population in upper Kalalau Valley of approximately 10 individuals (HBMP 2007).

Schiedea attenuata,
a shrub in the pink family (Caryophyllaceae), occurs on cliffs at elevations between 2,297 and 2,625 ft (700 and 900 m) in the dry cliff ecosystem (Wagner
et al
. 1994, pp. 187-190; TNCH 2007).
Schiedea attenuata
was discovered in 1991 by K. Wood during a rappel on the cliffs in an area of precipitous slopes above the Kalalau Valley on Kauai. Approximately 20 individuals were last observed there in 1994 (M. Bruegmann 1994b; Wagner
et al
. 1994, p. 187; Wagner
et al
. 2005, pp. 45-47).

Stenogyne kealiae
is a trailing or scandent vine in the mint family (Lamiaceae) (Wagner and Weller 1991, p.51). It occurs in the dry cliff, lowland wet, and montane mesic ecosystems, in
Metrosideros polymorpha
forest,
M. polymorpha-Acacia koa
forest, and
M. polymorpha-Dicranopteris linearis
shrubland, at elevations between 3,550 and 4,100 ft (1,082 and 1,250 m) (Wagner and Weller 1991, p. 51; TNCH 2007). One population (Wainiha), however, is reported between 2,231 and 2,707 ft (680 and 825 m) elevation (HBMP 2007). Historically, this species occurred at Pohakupili near Kealia in the Kealia Forest Reserve on the island of Kauai. Currently, this species occurs at Honopu, Kalalau, Malamalamaiki, Pohakupili, and Wainiha. The 5 populations of
S. kealiae
total approximately 100 to 200 individuals (HBMP 2007).

Tetraplasandra bisattenuata
(ohe ohe) is a tree in the ginseng family (Araliaceae), which occurs in lowland mesic to wet forest and shrubland in the lowland mesic and lowland wet ecosystems at elevations between 1,800 and 2,000 ft (550 and 610 m) (TNCH 2007; Wood 2007f, pp. 1-5). This species is known only from the Haupu and Kahili regions of Kauai. Currently, 35 individuals are found at Mt. Haupu and 2 individuals are at Mt. Kahili (Wood 2007f, p. 1).

Tetraplasandra flynnii
(ohe ohe) is a tree in the ginseng family (Araliaceae) found in
Metrosideros polymorpha
(ohia) montane mesic to wet forest in the lowland wet, montane mesic, and montane wet ecosystems, at elevations between 2,600 and 4,000 ft (793 and 1,225 m) (Lowry and Wood 2000, p. 42; HBMP 2007; TNCH 2007). Three individuals of
T. flynii
were first discovered in 1988 near Kahuamaa Flat in Kokee State Park, and two more individuals were found in the late 1990s at Kapalaoa-Kamooloa (Lowry and Wood 2000, pp. 40 and 43; HBMP 2007; D. Burney, pers. comm. 2009).

Animals

Akikiki

The Kauai creeper or akikiki (
Oreomystis bairdi
), is a small Hawaiian honeycreeper found only on the island of Kauai, currently in the montane mesic and montane wet ecosystems (TNCH 2007; E. VanderWerf, pers. comm. 2009). The Hawaiian honeycreepers are in the subfamily Drepanidinae of the finch family, Fringillidae (AOU 1998, p. 676). The akikiki is most common in forests dominated by
Metrosideros polymorpha
with a diverse subcanopy (Scott
et al
. 1986, p. 139). Based on surveys conducted from 1968 through 1973, its distribution was thought to encompass 21,750 ac (88 sq km) at elevations between 1,968 and 5,248 ft (600 and 1,600 m), but a survey in 2000 indicated its distribution had decreased to 8,896 ac (36 sq km) (Scott
et al
. 1986, p. 141;

Tweed
et al
. 2005, pp. 3-4). The akikiki generally forages on trunks, branches, and twigs of live and dead trees, and occasionally forages in subcanopy shrubs. It feeds primarily on insects, insect larvae, and spiders gleaned and extracted from bark, lichens, and moss (Foster
et al
. 2000, p. 4). Nests are made of moss, small pieces of bark, bits of lichen, and fine plant fibers (Eddinger 1972, p. 673; Foster
et al
. 2000, p. 7; VanderWerf and Roberts, 2008, pp. 195-199). The akikiki was considered common from high to low elevation in native forests in the late 1800s (Perkins 1903, p. 54), and was described as locally abundant on and near the Alakai Plateau in the early 1960s (Richardson and Bowles 1964, p. 29). From 1968 to 1973, the species was estimated to number 6,832 ± 966 birds (Sincock
et al
. 1983, p. 53). In 1981, data from the Hawaii Forest Bird Survey indicated there were approximately 1,650 ± 450 akikiki in a 9.7 sq mi (25 sq km) area of the southeastern Alakai, in the vicinity of Sincock's Bog (Scott
et al
. 1986, p. 141). The current population of the akikiki is estimated to be 1,312 ± 530 birds, based on surveys conducted in April and May 2007 (DOFAW and U.S. Geological Survey (USGS), unpubl. data, 2007). The abundance of the akikiki has thus declined by approximately 80 percent in the last 40 years, and its distribution has been reduced to less than half of its former extent.

Akekee

The Kauai akepa or akekee (
Loxops caeruleirostris
), is a small forest bird found only on the island of Kauai. Like the akikiki, the akekee is also a Hawaiian honeycreeper in the subfamily Drepanidinae of the Fringillidae family (AOU 1998, p. 677). The akekee occurs in the montane mesic and montane wet ecosystems in forests dominated by
Metrosideros polymorpha, Acacia koa
,
Cheirodendron trigynum
, and
C. platyphyllum
(Lepson and Pratt 1997, p. 4; TNCH 2007). The akekee uses its bill to open flower and leaf buds while foraging for arthropod prey (insects, insect larvae, spiders), and is a specialist on the ohia tree (
M. polymorpha
) (Lepson and Pratt 1997, p. 4). Nests are made of moss and lichen, with the nest lining made of fine grasses and soft bark strips (Eddinger 1972, p. 97; Berger 1981, p. 140; Lepson and Freed 1997, pp. 11-12). Until recently, the population of akekee appeared to be relatively stable, even while other endemic Kauai birds demonstrated sharp declines (Lepson and Pratt 1997, p. 14). The akekee was described as “quite plentiful” (Bryan and Seale 1901, p. 136) and common “over a large part of the high plateau” in the late 1800s (Perkins 1903, p. 417), and probably occurred throughout upper elevation forested regions of the island (Perkins 1903, p. 417). Richardson and Bowles (1964, p. 30) reported that it was fairly common in higher elevation forests. Conant
et al
. (1998, p. 16) reported that the akekee was common in the area around Sincock's Bog in 1975 and observed it daily. The first quantitative information on population size and distribution was based on extensive surveys conducted from 1968 to 1973, which yielded an island-wide population estimate of 5,066 ± 840 birds, with most individuals found in the Alakai Plateau area, west to Kokee, and on Makaleha Mountain and in Wainiha Valley (Sincock
et al
. 1983, p. 53). This was followed by population estimates of 7,839 ± 704 birds in 2000, and 5,669 ± 1,003 birds in 2005 (Hawaii Division of Forest and Wildlife and USGS, unpubl. data 2007). The most recent surveys, conducted in April and May 2007, show the current population of akekee to be 3,536 ± 1,030 birds (Hawaii Division of Forest and Wildlife and USGS, unpubl. data 2007), indicating that the population has dropped to less than half its former size within the last 7 years. The geographic range occupied by the akekee was approximately 34 sq mi (88 sq km) in 1970 (Scott
et al
. 1986, p. 155), which was reported not to have changed in 2000 (Foster
et al
. 2004, p. 721). However the 2007 surveys failed to find the species in many areas where it had previously been observed, indicating that there has likely been a range contraction, although the extent of that contraction is not yet known.

Drosophila sharpi

In our October 21, 2008, proposed rule, we proposed to list
Drosophila attigua
as endangered in accordance with the taxonomic treatment of Hardy and Kaneshiro (1969, p. 41). Following publication of our proposal, one of our peer reviewers, Karl Magnacca, Trinity College, Dublin Ireland, informed us of a recent taxonomic revision in which
D. attigua
was found to be identical to, and was synonymized with,
D. sharpi
, a species described and published by Grimshaw in 1901 (Grimshaw 1901, p. 65; Magnacca and O'Grady 2008, p. 55). For this reason, the synonymy of
D. attigua
with
D. sharpi
is currently accepted by the scientific community and by the Service, and is used throughout this rule.

Drosophila sharpi
, a large species of Hawaiian picture-wing fly, occurs in wet forest in the montane mesic and montane wet ecosystems at elevations generally between 3,000 and 3,936 ft (914 and 1,200 m), although the species was historically found as low as 2,460 ft (750 m). Like most picture-wing flies, the adult flies are believed to be generalist microbivores (microbe eaters) and feed upon a variety of decomposing plant material. The host plants for
D. sharpi
are unknown, but Montgomery (1975, p. 99) has determined that its sibling species,
D. primaeva
, lays its eggs within the decomposing bark of native
Cheirodendron
sp. (olapa) and
Tetraplasandra
sp. trees (both in the family Araliaceae), where the hatching larvae complete development before dropping to the soil to pupate (Kaneshiro and Kaneshiro 1995, p. 14). For this reason, the host plants for
D. sharpi
are believed to be species of native
Cheirodendron
and
Tetraplasandra
.

Drosophila sharpi
was first collected by Perkins in 1895 at “Koholuamano,” a location that is unknown today but is believed to be on the Alakai plateau (Grimshaw 1901, p. 65).
Drosophila sharpi
was historically known from two populations on the island of Kauai: one population south of the Alakai massif at Mt. Kahili where 19 males and 13 females were observed (Hardy and Kaneshiro 1969, p. 41; Kaneshiro and Kaneshiro 1995, p. 13; HBMP 2007), and a second population on the western end of the Alakai Swamp in the Na Pali Kona Forest Reserve at Pihea (K. Kaneshiro, pers. comm. 2007). We have no information regarding any observations of this species at Mt. Kahili since 1969. The species was also collected at two other locations: at Mohihi Stream located within the Alakai Wilderness Preserve in 1963, and at the Kokee Stream within Kokee State Park in 1991 (Kaneshiro and Kaneshiro 1995, p. 14). Observations of
D. sharpi
at the Pihea site have been somewhat sporadic, as the species has been observed there only three times, once each in 1986, 1987, and most recently in 1991, despite numerous surveys (HBMP 2007; K. Kaneshiro, pers. comm. 2007; K. Magnacca, Trinity College, pers. comm. 2007).

Summary of Comments and Recommendations

On October 21, 2008, we published a proposed rule to list these 48 Kauai species as endangered throughout their ranges, and to designate critical habitat for 47 of these species (73 FR 62592). The comment period for that proposal opened on October 21, 2008, and closed on December 22, 2008. During the comment period, we received 21 comment letters. We did not receive any

requests for public hearings. Nine comments were from peer reviewers, four were from State of Hawaii agencies, two were from Federal agencies, and six were from nongovernmental organizations or individuals. Due to the nature of the proposed rule, we received combined comments from the public on both the listing action and the critical habitat; we have therefore addressed these issues in a single comment section.

Eight of the comment letters supported the listing and designation of critical habitat for the Kauai species. Of the other 13 comments, 12 provided information or declined to oppose or support the listings and critical habitat designation, and 1 opposed the listing of the picture-wing fly. One commenter requested that we exclude 2,795 ac (1,131 ha) (representing portions of 6 different critical habitat units) based on the benefits of ongoing conservation activities on private land. We reviewed all comments received for substantive issues and new information regarding the proposed listing and critical habitat designation for the Kauai species. We have fully considered all substantive comments in this final rule.

Peer Review

In accordance with our policy published on July 1, 1994 (59 FR 34270), we solicited expert opinions from 24 knowledgeable individuals with scientific expertise on the 48 Kauai species and their habitats, including familiarity with the species, the geographic region in which the species occurs, and conservation biology principles. We received responses from nine peer reviewers; eight comments generally supported our methodology and conclusions; five comments supported the listing and designation of critical habitat for the Kauai species; three comments provided new information on one or more of the 48 species; and one comment did not support the listing and designation of critical habitat for the picture-wing fly. We summarize the peer reviewers' comments below, and we took them into consideration in developing this final rule.

We have categorized the peer review comments and our responses by: (1) Those that are general in nature; (2) those related to threats and the proposed listing of the species, and (3) those related to the proposed designation of critical habitat.

General Peer Reviewer Comments

(1)
Comment
: One peer reviewer suggested that we publish diacritical marks for the Hawaiian language in the published rule.

Our response
: In this final rule we omitted diacritical marks because we cannot ensure that they will be printed properly. We recognize the importance of using the marks to accurately portray the pronunciation and meaning of Hawaiian words and regret not being able to use them. In a previous proposed rule (66 FR 30372, June 6, 2001) we attempted to use Hawaiian language diacritical marks, but there were numerous conversion errors and the marks were not printed correctly. In our published correction to that proposal (66 FR 46428, September 5, 2001) we stated that we would either ensure that the marks are used correctly or eliminate their use altogether. Current printing constraints have forced us to choose the latter option.

(2)
Comment
: One peer reviewer commented that the
Federal Register
was a bit obscure for the general public and that the U.S. Fish and Wildlife Service should publish notices of upcoming
Federal Register
documents in the local newspapers.

Our response
: The publication of our rules and notices related to listing and critical habitat in the
Federal Register
is required by section 4(b)(5)(A)(i) of the Act and the Administrative Procedure Act (5 U.S.C. Subchapter II); however section 4(b)(5)(D) of the Act requires that we publish a summary of the proposed regulation in a newspaper of general circulation in each area of the United States in which the species is believed to occur. Our practice is to publish this newspaper notice within 20 days of publication of the proposed rule. This allows for publication of the newspaper notice before the 45-day time limit for requesting public hearings has expired and provides ample time for readers to provide comment. In accordance with this practice, we published notices of this proposed regulation in the following local newspapers:
Honolulu Advertiser
(Oahu) (October 27, 2008),
Garden Island
(Kauai) (October 31, 2008), and
Star Bulletin
(Oahu) (November 5, 2008).

(3)
Comment
: One peer reviewer was uncertain whether “tribal lands” as referred to in the “Government-to-Government Relationship with Tribes” section of the proposed rule were the same as native Hawaiian lands.

Our response
: The President's Memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments, and the Department of Interior's Manual at 512 DM 2, set forth our responsibility to communicate meaningfully with federally recognized Native American tribes on a government-to-government basis and identify potential effects on trust resources of federally recognized tribes. Federally recognized tribe means an Indian or Alaska Native tribe or community that is acknowledged as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. In the list published annually by the Secretary, there are no federally recognized tribes in the State of Hawaii (73 FR 18553, April 4, 2008). Therefore, while we value information on the effects of this rule on the interests of Native Hawaiians, Native Hawaiian lands are not tribal lands for purposes of the requirements of the President's Memorandum or the Department Manual.

Peer Review Comments on Threats and Listing the Kauai Species

(4)
Comment
: One peer reviewer stated that if Factor A (the present or threatened destruction, modification, or curtailment of habitat or range) is identified as a primary threat attributable to pigs, goats, or deer in Table 2, which summarizes the primary threats identified for each of the 48 Kauai species, predation by ungulates under Factor C (disease or predation) should also be identified as a primary threat attributable to those animals.

Our response
: We have persuasive evidence that feral ungulates substantially modify or destroy habitat; however, we can only occasionally infer that they consume parts of or entire plants or animals based on indications of their presence. A study conducted in the 1980s on the feeding habits of feral pigs on Maui found that their rooting was related to foraging for earthworms. In that study, rooting depths averaged 8 in (20 cm), greatly disrupting the leaf litter and topsoil layers, which contributed to erosion and changes in ground topography (Diong 1982, pp. 150, 164-165). While foraging for earthworms, feral pigs may uproot and dislodge plants, contributing to habitat degradation of understory vegetation (Factor A), but they may not feed directly on plants that are disturbed by their activity. Where we have direct confirmation or evidence of predation by feral ungulates on a particular species, it has been identified as a threat under Factor C in Table 2.

Peer Reviewer Comments-Akekee and Akikiki

(5)
Comment
: One reviewer commented that the use of puaiohi (
Myadestes palmeri
) as a surrogate

species is somewhat inappropriate, and that the Maui creeper (
Paroreomyza montana
), the Hawaii akepa (
Loxops coccineus coccineus
), or both would represent better surrogate species.

Our response
: We believe the puaiohi, an endangered bird that inhabits the same areas on Kauai as the akikiki and akekee, is an appropriate surrogate species for akikiki and akekee when considering threats of predation by rats and owls (see below). The puaiohi nests primarily on cliff faces and utilizes habitat along stream margins more so than the akikiki and akekee. However, the puaiohi is exposed to predation pressures from introduced mammalian and avian predators in a manner similar to that expected for akikiki and akekee, since they occur in the same habitat areas on Kauai. Although we do not have direct evidence of rat predation on the akekee or akikiki from nest studies, we believe it is reasonable to assume that birds nesting in the same area as the puaiohi would likely be exposed to similar impacts from rat predation.

(6)
Comment
: One commenter noted that both bird species would benefit from ungulate removal throughout their habitat, which would reduce threats presented by the spread of invasive plants and avian disease transmitted by mosquitoes.

Our response
: Feral ungulates (pigs, goats, black-tailed deer) on Kauai present a significant threat to the six ecosystems addressed in our proposed rule and their associated native species, including the akikiki and akekee. The presence of nonnative feral ungulates is considered to be a primary factor in the alteration and degradation of native vegetation and habitats throughout the Hawaiian Islands. Each of our recovery plans for species that occur in ecosystems similar to the six identified in this final rule recommend ungulate control, fencing, or both as a priority tasks necessary to conserve native Hawaiian plant and animal species.

(7)
Comment
: One reviewer commented that although rats and cats are important predators for some Hawaiian bird species, there is no data to suggest that either are major threats to the akikiki or akekee.

Our response
: Rats and cats have been identified as significant predator threats to other Hawaiian forest bird species (also see our response to comment 28). Although we do not have direct evidence of rat and cat predation on the akikiki and akekee, we believe these predators are a potential threat to both birds on Kauai for the reasons stated in our October 2008 proposal. We have modified our discussion of rat and cat predation threats on the akikiki and akekee in this final rule. The biology of the akikiki has been little studied and predation on adults and nests has not been documented, but several introduced mammals known to be major predators on Hawaiian forest birds are present in the Alakai swamp on Kauai, where akikiki occur (Tweed
et al
. 2006, p. 759). Black rats (
Rattus rattus
), Polynesian rats (
R. exulans
), Norway rats (
R. norvegicus
), feral cats (
Felis catus
), the native short-eared owl (pueo,
Asio flammeus sandwichensis
), and the introduced barn owl (
Tyto alba
), are known to prey on forest passerines (Snetsinger
et al
. 1994, p. 47). Long-term protection of many Hawaiian birds, including the akikiki and akekee, likely will require large-scale management actions to control nonnative predators, including rats and feral cats.

(8)
Comment
: One peer reviewer commented that the nonnative yellow-jacket wasp (
Vespula pensylvanica
) is a threat to the akikiki and akekee, as it presents significant competition for arthropod food (e.g., insects, insect larvae, and spiders).

Our response
: The nonnative yellow-jacket wasp may impact the akikiki and akekee through competition for the same native insect food resources, although we have no direct evidence in this regard. Both the akikiki and akekee feed primarily on insects, insect larvae, and spiders (Lepson and Pratt 1997, p. 4; Foster
et al
. 2000, p. 4). Each yellow-jacket wasp colony in Hawaii can produce over a half-million foragers that consume tens of millions of arthropods, including native insects, larvae, and spiders (Gambino and Loope 1992, p. 19). Controlling or eliminating negative effects associated with resource competition with yellow-jacket wasps is identified as a recovery action in our
Revised Recovery Plan for Hawaiian Forest Birds
(USFWS 2006, p. 4-4, 4-85). The akikiki is one of the bird species included in this recovery plan, although it was only a candidate for listing at the time the plan was written. Although the akekee is not specifically covered by the plan, the recovery actions identified in the
Revised Recovery Plan for Hawaiian Forest Birds
should benefit all native forest bird species in the Hawaiian Islands since all of these birds face similar threats, regardless of whether they were listed at the time the recovery plan was published. The control of yellow-jacket wasps is one of those broad recovery actions that will benefit native forest bird species beyond those specifically addressed in the recovery plan.

(9)
Comment
: One peer reviewer commented that stream margins, rather than pig wallows, may support higher levels of
Culex
mosquitoes, which are a disease vector for avian pox and malaria.

Our response
: In Hawaii, the mechanisms of avian disease transmission include movements of mosquitoes infected with avian disease from lower to higher elevations, as well as mosquitoes breeding in pig wallows and along stream margins at higher elevations. Mosquitoes that breed in forest bird habitats may become infected by biting infected birds, continuing the disease transmission cycle. The relative contribution of mosquitoes breeding in pig wallows versus along stream margins with regard to mosquito vector prevalence on Kauai is unknown. Investigating this uncertainty and developing effective management actions will be identified as a priority task during the recovery planning process.

Peer Reviewer Comments-Drosophila sharpi
(
D. attigua
in the proposal)

(10)
Comment
: One peer reviewer commented that the proposed rule does not present independent data or assumptions with which to evaluate risks to
Drosophila sharpi
, nor credible scientific evidence that the species is or is not endangered.

Our response
: We disagree. Since 1963, a multidisciplinary team of biologists has been researching
Drosophila
as part of the University of Hawaii-affiliated Hawaiian
Drosophila
Project. Over 500 scientific papers have been published as a result of this program, and over 500 species of
Drosophila
have been taxonomically described. The information we relied on to prepare this rule included peer reviewed publications, unpublished literature, and other communications from research and field studies covering a period of over 40 years of Hawaiian
Drosophila
research. This final rule is also based on new information that was obtained in response to the publication of the proposed rule. Systematic surveys for the picture-wing fly species and host plants would assist with understanding population trends and status. However, as required by section 4(b)(1)(A) of the Act, we have relied on the best scientific and commercial data available on habitat threats and trends in distribution for the species in making our determination in this final rule.

(11)
Comment
: One peer reviewer stated that surrogate species for
Drosophila sharpi
were not made explicit.

Our response
: We have clarified in this final rule that our conclusions regarding adult feeding habits, egg laying and larval host plant preferences,

and direct threats are drawn from similar, related species including the 12 Hawaiian picture-wing flies listed in 2006 as endangered or threatened (71 FR 26835, May 9, 2006).

(12)
Comment
: One peer reviewer commented that biocontrol agents are inappropriately implied to be threats to
Drosophila sharpi
, that there is even evidence to the contrary, and that the listing of
D. sharpi
would delay permitting for new biocontrol agents.

Our response
: In the
Application of the Adverse Modification Standard
section of the proposed rule, we stated that importing nonnative species for research, agriculture, and aquaculture, and releasing biological control agents, may adversely affect critical habitat. Under Factor C (Disease or Predation), we also stated that parasites have been purposefully imported and released in Hawaii since 1865 for biological control of pests. Between 1890 and 2004, 387 nonnative species were introduced, sometimes with the specific intent of reducing populations of native Hawaiian insects (Funasaki
et al
. 1988, pp. 109-110, 143; Lai 1988, pp. 180, 186; Staples and Cowie 2001, pp. 41, 54-57). Nonnative arthropods present a serious threat to Hawaii's native
Drosophila
, both through direct predation or parasitism as well as competition for food and space (Howarth and Medeiros 1989, pp. 82-83; Howarth and Ramsay 1991, pp. 80-83; Kaneshiro and Kaneshiro 1995, pp. 41-45; Staples and Cowie 2001, pp. 41, 54-57). We are aware that compliance with regulations that apply to the introduction of biological control agents may seem complicated to some because of combined Federal and State jurisdiction. However, absent a high level of assurance that only safe and effective biological control agents are introduced, nontarget impacts and host switching could occur (Simberloff and Stiling 1996, pp. 185, 190). We acknowledge the importance of biocontrol as a way to control some nonnative species in Hawaii, particularly nonnative invasive plants that threaten rare native plants through competition for space, light, water, and nutrients, and by degrading and destroying native habitat. We are committed to working closely with the State and other Federal agencies to ensure that potential biocontrol measures are implemented in a manner consistent with the conservation needs of these species.

Peer Review Comments on Critical Habitat Designation

(13)
Comment
: One peer reviewer commented that Table CDLVI (Table of Protected Species within Each Critical Habitat Unit for Kauai) was confusing, and that the table caption should explain the differences between the columns.

Our response:
We agree. We have clarified the table's column headings as requested.

(14)
Comment
: One peer reviewer commented that the designation of critical habitat does not preclude management of ungulates for hunting in those areas.

Our response
: We agree. Critical habitat designation does not create a wilderness area, preserve, or wildlife refuge. It does not require nor preclude activities associated with conservation management such as ungulate control and fencing. Game bird and mammal hunting is a recreational and cultural activity in Hawaii that is regulated by the Hawaii Department of Land and Natural Resources on State and private lands (Hawaii Department of Land and Natural Resources 2002). Critical habitat does not give the Federal government authority to control or otherwise manage feral animals on non-Federal land. These land management options continue to be landowner decisions, and absent Federal involvement, are not affected by the designation of critical habitat. However, the designation of critical habitat does impose a responsibility on Federal agencies to consult with us under section 7 of the Act on actions they carry out, fund, or authorize that might destroy or adversely modify critical habitat. This requirement applies to funding provided by the Service to the State through the Federal Aid in Wildlife Restoration Program (Pittman-Robertson Program). It is well-known that game mammals affect listed plant and animal species in Hawaii. We believe it is important to develop and implement management programs that provide for the recovery of listed species and acknowledge the importance of continued ungulate hunting in game management areas. We welcome opportunities to work closely with the State and other partners to ensure that game management programs are implemented in a manner consistent with both of these needs.

(15)
Comment
: One peer reviewer commented that Lowland Wet section 6 may be within the montane, rather than the lowland, ecosystem.

Our response
: We followed TNC's Ecoregional Assessment of the Hawaiian High Islands (2006) and ecosystem maps (TNCH 2007) to define ecosystem boundaries in this rule. Following that approach, the proposed Lowland Wet section 6 falls within the lowland wet ecosystem. This ecosystem type occurs below 3,000 ft (1,000 m); contains wet grassland, shrubland, and forest; receives greater than 75 in (191 cm) annual precipitation; and has wet substrate conditions.

Peer Reviewer Comments-Plants

(16)
Comment
: One peer reviewer commented that Hanakoa Valley should be included in Lowland Mesic section 3, since
Charpentiera densiflora
occurs along the Kalalau trail in that area.

Our response
: Although individual
Charpentiera densiflora
plants may occur in the Hanakoa Valley, the reviewer did not present scientific data that we could evaluate to determine whether this area includes the physical and biological features essential to the conservation of the species. Based on our field observations, trail areas are typically disturbed by recreational activity and dominated by nonnative plants.

(17)
Comment
: One reviewer stated that species' previous range is not sufficiently understood, and that historical and paleoecological information indicates that many rare plant species on Kauai had much larger ranges, often in a wide array of habitats. This reviewer acknowledged that the areas proposed as critical habitat were good choices, and recommended that the Service focus funding and protection efforts on the proposed areas rather than proposing additional areas as critical habitat.

Our response
: More research is needed to better understand the species' historical range. In our proposed rule, we presented the criteria used to identify critical habitat boundaries (73 FR 62622, October 21, 2008), which were based on the best scientific and commercial data available, including current and historical species' location information. Surveying historical habitat and adjacent, potentially suitable habitat will be a high priority during the recovery implementation process for these species. We acknowledge that critical habitat designated at a particular point in time may not include all of the areas that may later be determined to be necessary for the recovery of the species, as new information becomes available. For this reason, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not promote the recovery of the species.

Peer Reviewer Comments-Akekee and Akikiki

(18)
Comment
: New survey data for the akikiki and akekee is currently being analyzed by the U.S. Geological Survey-

Biological Resources Discipline (USGS-BRD).

Our response
: We are aware that recent survey data has been analyzed by the USGS-BRD and is undergoing agency review for publication (Camp
et al
. in press). Information from Camp
et al
. (in press) that was provided during the public comment period indicated that montane mesic habitat proposed as critical habitat for the akekee, several plants, and
Drosophila sharpi
is also occupied by the akikiki and contains the physical and biological features essential to its conservation that may require special management considerations or protection. Based on this new information, we have added 2,976 ac (1,204 ha) of additional montane mesic habitat as critical habitat for the akikiki (
Oreomystis bairdi
Unit 1-Montane Mesic, Unit 2-Montane Mesic, and Unit 3-Montane Mesic). Since this area was already being proposed as critical habitat for other species in the montane mesic ecosystem, adding the akikiki does not change the configuration or amount of critical habitat designated in these units.

(19)
Comment:
Appropriate habitat for the akikiki and akekee (outside of previously surveyed areas) should be surveyed for occurrences.

Our response:
There is a broader distribution for akekee than akikiki, and there have been some detections of individual akekee beyond the boundaries of the critical habitat proposed in October 2008 (Camp
et al
. in press, p. 136). However, Camp
et al
. did not present scientific data with which we could evaluate whether these additional areas include the physical and biological features essential to the conservation of the species and are in need of special management. In our
Revised Recovery Plan for Hawaiian Forest Birds
(USFWS 2006, pp. 4-7, 4-118), we state that surveys of potentially suitable habitat for the akikiki and akekee are a priority recovery action for these forest birds. In accordance with section 4(b)(2) of the Act, we may also revise designated critical habitat based on new information, if appropriate.

(20)
Comment:
The proposed critical habitat may not be sufficient for the long-term survival of the species, especially given the impact of global climate change.

Our response:
The impact of climate change on the distribution of the akikiki and akekee is a potential concern, but the specific effects of climate change are difficult to predict with confidence. Benning
et al
. (2002, pp. 14248-14249) analyzed the possible contraction of habitat for Hawaii's forest birds, using Hawaii, Maui, and Kauai as models. Based on their study, they predict that over the next 100 years, the high elevation forest areas that currently serve as a refuge for the birds from mosquito-borne malaria may decrease in size by as much as 85 percent. The authors predict that preventing avian malaria will become the main conservation focus for Hawaiian forest birds, including the akikiki and akekee. Atkinson
et al
. (2009, pp. 58-59) states that without question, the one factor that prevented widespread and rapid extinction of virtually all of Hawaii's endemic and highly susceptible honeycreepers after the introduction of avian malaria and pox was the presence of significant altitudinal gradients on Kauai, Maui, and Hawaii, where susceptible native birds could maintain high populations in relatively disease-free refugia. They also concluded that following a projected 2 degree Celsius (°C) temperature rise resulting from global warming, the Alakai Wilderness Preserve on Kauai would experience an 85 percent loss of forested habitat where transmission is currently highly seasonal to conditions where transmission could occur throughout the year. As new information becomes available, we may revise the critical habitat designation to address climate change if we determine that additional areas are essential to the conservation of the akikiki and akekee.

(21)
Comment:
The units should be expanded so as to be contiguous.

Our response:
At this time, we believe that the areas designated as critical habitat in this final rule are sufficient to provide for the conservation of the akikiki and akekee. We did not include all historical habitat or all areas adjacent to occupied habitat. The peer reviewer did not present scientific data, which would be needed to evaluate whether these additional areas are occupied and contain the physical and biological features essential to the conservation of the species or whether the areas need special management considerations or protection, or if unoccupied, are essential to the conservation of the species. We could not conclude from the available data whether or not the previously occupied areas currently support, or even could support in the future, the physical and biological features essential for the conservation of the species.

(22)
Comment:
Additional studies are needed regarding breeding, survival, and habitat needs of the akikiki and akekee.

Our response:
We agree. These studies are identified as priority recovery actions for forest birds in the
Revised Recovery Plan for Hawaiian Forest Birds
(USFWS 2006, pp. 4-96, 4-118), although for the purposes of designating critical habitat we have to rely on the best scientific data available in accordance with section 4(b)(2) of the Act.

(23)
Comment
: Two commenters suggested that critical habitat include all areas where the akikiki and akekee are known to occur, which would extend into areas delineated for the recovery of these species, and that critical habitat for the akikiki should include the montane mesic ecosystem as well as the montane wet ecosystem, although the literature indicates that the akikiki presently is more restricted in distribution than the akekee.

Our response
: See our responses to comments 18 and 19 above.

(24)
Comment:
One peer reviewer was concerned that the area of designated critical habitat might not be large enough to provide an adequate mosquito buffer to the habitat areas currently occupied by the akikiki and akekee should disease be determined to be the primary factor in population decline. One peer reviewer stated that it may be useful to expand critical habitat for akekee to minimize the number of smaller isolated habitat patches, thus providing larger tracts of contiguous native forest that are optimal for species persistence and less likely to provide corridors for intrusion of avian disease-carrying mosquitoes and invasion by nonnative plants. The commenter suggested we expand critical habitat Unit 2 so that it abuts Units 1 and 5, expand Unit 5 so that it abuts Unit 4, and expand Unit 3 so that it abuts Unit 4.

Our response:
Larger tracts of contiguous forest habitat may slow upslope movements of disease-carrying mosquitoes into areas occupied by akikiki and akekee by reducing the nonforest-forest boundary along which mosquitoes travel or are transported by prevailing winds. Contiguous forest conditions potentially reduce the availability of a transmission vector for avian disease (Reiter and LaPointe 2007, pp. 865-867). On Kauai, the mechanisms for avian disease transmission appear to differ in some respects from transmission on other high Hawaiian Islands. Avian disease transmission vectors on Kauai likely include windblown movements of mosquitoes from lower into higher elevations, as well as mosquitoes that breed in pig wallows and along stream margins (Baker 1975, pp. 75-76; LaPointe 2008, pp. 605-607). Since the avian disease mechanisms are not completely understood on Kauai, the benefits that would result from

expanding critical habitat to establish larger buffer areas to reduce avian disease transmission are uncertain. Investigating this uncertainty will be a priority during the recovery implementation process (USFWS 2006, pp. 4-62, 4-68-82).

Peer Reviewer Comments-Drosophila sharpi
(
D. attigua
in the proposal)

(25)
Comment
: One peer reviewer commented that Lowland Wet section 6, south of the Alakai massif, should be designated as critical habitat for the Hawaiian picture wing fly, since the type specimens for
Drosophila sharpi
were collected at Mt. Kahili.

Our response
: Information from our files indicates that historically
Drosophila sharpi
was known from two areas on Kauai, and was first collected at Kahili, east of the Alakai massif. Although new information provided by one peer reviewer indicates the 1968 type collections were made at Mt. Kahili, south of the Alakai massif, we have no information with which we can evaluate whether these additional areas contain the physical and biological features essential to the conservation of
D. sharpi
that require special management considerations or protection. Although these areas may contain species of
Cheirodendron
and
Tetraplasandra
, the purported larval host plants, we were unable to conclude from the available data whether the previously occupied areas south of the Alakai massif support or could support the physical and biological features essential for the conservation of
D. sharpi
. Surveying historical habitat sites and adjacent potentially suitable habitat for extant populations of
D. sharpi
and its host plants will be a high priority during the recovery planning process. We may consider revising the critical habitat designation at that time if new information becomes available indicating that these areas are essential to the recovery of this species.

(26)
Comment
: One peer reviewer stated that if the Hawaiian picture-wing fly,
Drosophila sharpi
, uses
Cheirodendron
spp. (olapa) as a food source, the abundance and distribution of this plant should be noted, and that
Cheirodendron
spp. has not been specifically identified as a host plant for
D. sharpi
.

Our response
: In the proposed rule we stated that the adult flies are generalist microbivores (microbe eaters) and feed upon a variety of decomposing plant material. Although the larval host plants for
D. sharpi
are not specifically known, they are most likely to be
Cheirodendron
and
Tetraplasandra
species, based on host plant preferences for
Drosophila primaeva
, a sibling species to
D. sharpi
(Montgomery 1975, p. 99; Kaneshiro and Kaneshiro 1995, p. 14).
Cheirodendron
spp., and to a lesser extent
Tetraplasandra
ssp., are known to be widespread components of the native
Metrosideros
(ohia) forest, especially the lowland wet, montane mesic, and montane wet communities (Anderson
et al
. 1992, pp. 308-309; Gagne and Cuddihy, 1999, pp. 88, 90, 91, 98, 102-107), where
D. sharpi
occurs. Our analysis of criteria used to identify critical habitat boundaries included island-wide GIS coverage (e.g., Gap Analysis Program (GAP) vegetation data (2005)), which reflects the spatial distribution of native plants such as
Cheirodendron
and
Tetraplasandra
. We are unaware of any scientific or commercial data on the abundance and distribution of these plant species on Kauai, but agree that further research is needed to determine the specific larval host species of
Drosophila sharpi
.

Public Comments-Akekee and Akikiki

(27)
Comment
: Two commenters suggested that a distinction be made between the threat of predation on the akikiki and akekee by the native owl, pueo, and the introduced barn owl.

Our response
: While the threat of predation on Hawaiian forest birds by the pueo and the introduced barn owl has been documented by several authors (Snetsinger
et al
. 1994, p. 47; Snetsinger
et al
. 2005, pp. 79-80; Mounce 2008, pp. 19-21), there are no direct observations or studies specifically related to the akikiki or the akekee. Snetsinger
et al
. (1994, p. 4) reported a higher incidence of bird remains in pueo pellets than in barn owl pellets, but suggested that this may be attributed to prey availability rather than prey preference. On Kauai, Snetsinger
et al
. (2005, pp. 79-80) concluded that 10 percent of puaiohi nest failures may be due to predation by pueo, based on pueo presence near predated nests. On Maui, Mounce (2008, p. 19) reported two observations of depredation by pueo on two Maui forest birds, the Maui parrotbill (
Pseudonestor xanthophrys
) and apapane (
Himatione sanguinea
). The author suggested that in Hanawi Natural Area Reserve, pueo may shift habitat during honeycreeper breeding seasons in response to this more abundant and easily captured food, and therefore, may be more of a threat to native birds than previously thought. Such a shift is speculative at this point.

The pueo is a native predator of forest birds in Hawaii, whereas the native Hawaiian forest birds have not coevolved with the introduced barn owl. However, as stated above, we have no direct evidence of predation specific to akikiki or akekee by either the pueo or the barn owl, so it is not possible to compare the potential levels of predation between these two predators.

(28)
Comment
: Two commenters stated that predation by feral cats is a threat to the akikiki and akekee, including areas outside of the Alakai Preserve, and that emphasis should be placed on developing effective methods to control predation, with funding and support for active management.

Our response
: We do not have direct evidence of feral cat predation on the akikiki and akekee, but believe they are a potential threat for the reasons stated in our October 2008 proposal. The long-term protection of many Hawaiian birds, including the akikiki and akekee, will likely require large-scale control of nonnative predators, including feral cats. This management need is identified as a high priority in the
Revised Recovery Plan for Hawaiian Forest Birds
(USFWS 2006, pp. 2-161, 4-3, 4-52). See also our response to comment 7 for additional discussion of this issue.

(29)
Comment:
One commenter stated that the best scientific evidence indicates that the akikiki and the akekee each should be included in both the montane wet and montane mesic ecosystems; that critical habitat should be designated for each of them in both ecosystems; and the boundaries of some units do not make biological sense for the two bird species and do not appear to agree with descriptions of where the primary constituent elements occur. The commenter also stated that the recovery area identified for the akikiki in the
Revised Recovery Plan for Hawaiian Forest Birds
is considerably larger than the area proposed as critical habitat, and questioned why critical habitat was not designated in other areas where the akikiki or akekee may occur.

Our response:
We agree that the habitat requirements of the akikiki and akekee are very similar, and critical habitat for the two bird species should be the same; in this final rule, we have designated critical habitat for the akikiki and akekee in both the montane wet and montane mesic ecosystems (See also our responses to comments 18, 19 and 21, above).

Under section 3(5)(A) of the Act, critical habitat can be designated in areas that were occupied at the time of listing and contain the physical and biological features essential to the species' conservation, and which may require special management considerations; or in areas that were unoccupied at the time of listing but have been determined to be essential to

the conservation of the species. To delineate critical habitat for the akikiki and akekee, we focused on the physical and biological features essential to the conservation of those species, which we consider to be the primary constituent elements laid out in the appropriate quantity and spatial arrangement for the conservation of the species. We relied on information and data obtained from several sources, including peer reviewers and other qualified individuals familiar with these species and ecosystems, to derive the final critical habitat designation for the akikiki and akekee. We also considered the recovery area recommended for the akikiki in the
Revised Recovery Plan for Hawaiian Forest Birds
(USFWS 2006). The akikiki was a candidate species at the time of the plan's publication; the akekee was not addressed in the plan.

The
Revised Recovery Plan for Hawaiian Forest Birds
states that the primary strategy for the recovery of the akikiki is the protection and management of remaining forest on Kauai, especially high elevation montane wet forest above 3,000 to 3,500 ft (900 to 1,060 m) in the Alakai Wilderness Preserve and surrounding State and private lands (USFWS 2006, p. 3-16). Although much of the designated critical habitat overlaps with the recovery area recommended in the
Revised Recovery Plan for Hawaiian Forest Birds
, we did not find that all of the recommended recovery area met our definition of critical habitat in terms of providing the physical and biological features essential for the conservation of the species in the appropriate quantity and spatial arrangement. For example, some of the recovery area identified for the akikiki in the recovery plan has a number of residential cabins and other forms of development, resulting in a fair amount of human activity. We determined that while the birds may use this area on occasion, it is unlikely to be utilized by the species to the extent that the features there may be considered essential to the conservation of the species. An additional area, Laau Ridge, was not included because this area is too small and isolated to support viable populations of the birds, as acknowledged in the recovery plan (USFWS 2006, p. 3-16), although another small isolated area, Namolokama Ridge, was designated as critical habitat since it supports several of the plant species.. Some of the recommended recovery area was below the elevation limit that defines the montane wet and montane mesic ecosystems, and hence would harbor mosquito populations that threaten the two bird species with avian malaria; we are not designating such areas as critical habitat for the akikiki and akekee.

Section 3(5)(C) of the Act specifies “Except in those circumstances determined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species.” The critical habitat designation includes remaining forest areas above the 3,000 ft (914 m) elevation, focusing on the Alakai Wilderness Preserve, as recommended in the
Revised Recovery Plan for Hawaiian Forest Birds
. Although there is limited information available regarding the habitat needs of the akikiki, as acknowledged in the recovery plan (USFWS 2006, p. 3-16), after considering the best available scientific information we have designated critical habitat for the akikiki and the akekee based on providing these species with the physical and biological features essential to their conservation, in the appropriate quantity and spatial arrangement needed for their conservation. However, the Act provides for the revision of this critical habitat designation, if new information should become available indicating that such revision may be appropriate.

Public Comments-Listing and Climate Change

(30)
Comment
: One commenter suggested that any predictions about climate change and its impacts on these species would not meet the listing standard under section 4 of the Act, nor the definition of an endangered species under section 3 of the Act.

Our response
: Section 4 of the Act requires that we determine whether any species is an endangered or threatened species based on any of the following factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. Climate change may lead to changes in the intensity of threats under any of these factors for a species. As with any threat, we evaluate each climate-induced factor for specific effects and determine the magnitude and immediacy of the threat to a species before proposing to list it under the Act. In this final rule, we acknowledge that climate change may be a significant threat to native species on Kauai, that we are not capable of determining the specific effects of probable climate change on these 48 species at this time, and conclude that at present we are unable to determine the magnitude of this threat with confidence. Although climate change may potentially present a threat in the future, we are not listing any of these 48 species as endangered based on the threat of climate change alone.

Federal Agency Comments

(31)
Comment:
The U.S. Navy, on behalf of the National Aeronautics and Space Administration, requested that we exclude the portions of Kokee Sites D and E that overlap with the proposed critical habitat. They characterized the areas as fenced and developed, and commented that these areas would be unlikely to support any of the 47 species for which critical habitat is proposed.

Our response:
We have modified units Lowland Mesic Section 1 and Montane Mesic Section 1 (Kokee Sites D and E) to exclude areas lacking the physical and biological features (primary constituent elements) essential to the conservation of the species, in response to the above comment. Manmade features and structures within the boundaries of the areas mapped as critical habitat, such as buildings, roads, existing fences, telecommunications equipment towers and associated structures and equipment, communication facilities and regularly maintained associated rights-of-way, radars, telemetry antennas, paved areas, and other landscaped areas, existing on the effective date of this final rule do not contain one or more of the primary constituent elements described for any of the 47 proposed species. Accordingly, the text of the rule clarifies that these types of areas are not included in the critical habitat designation, even if they appear to occur within the boundary of a mapped critical habitat unit.

Comments from the State of Hawaii

(32) The State of Hawaii Department of Land and Natural Resources-Land and Engineering Division and State Water Commission's Stream Protection and Management Branch reviewed the proposed rule. Neither agency expressed support or concerns with regard to the proposed listing or designation of critical habitat for the species included in this rule.

Other Public Comments

(33)
Comment
: One commenter stated that because we are designating critical habitat in unoccupied areas, the rule would establish a prohibition against the adverse modification of critical habitat under section 9 of the Act where one would otherwise not exist.

Our response
: Except as provided in sections 6(g)(2) and 10 of the Act, with respect to any endangered species of fish or wildlife listed under section 4 of the Act, it is unlawful for any person subject to the jurisdiction of the United States to:

(A) Import or export any such species from the United States;

(B) Take any such species within the United States or the territorial sea of the United States;

(C) Take any such species upon the high seas;

(D) Possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of (B) and (C) above;

(E) Deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species;

(F) Sell or offer for sale in interstate or foreign commerce any such species; or

(G) Violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed under authority provided under the Act.

The Act does not establish a section 9 prohibition against the adverse modification of critical habitat.

(34)
Comment
: One landowner opposed the designation of critical habitat on private lands within Wainiha Valley. They believe the designation will negatively impact the rights of private landowners, and serve as a disincentive for landowners to participate in voluntary conservation efforts. They stated that the designation of additional critical habitat is unnecessary in light of the ongoing conservation management activities benefiting endangered species in the valley. They also stated that critical habitat designation would result in little if any additional benefit to the species, and that any limited regulatory, educational, or recovery benefits that might arise from the designation would be outweighed by the benefits of encouraging voluntary conservation efforts by other private landowners.

Our response
: We agree that developing and maintaining public and private partnerships for species conservation is important. The conservation agreement between this landowner and The Nature Conservancy has established the third largest private nature preserve of over 7,000 ac (2,833 ha) in Wainiha Valley. Based on the nature of the agreement and the ongoing conservation actions being implemented, we are excluding some of the subject property within Montane Wet Section 1 from the final critical habitat designation under section 4(b)(2) of the Act. The private landowner is proactively managing this area in a way that provides conservation benefits for 18 of the 44 plant species, the akikiki and akekee,
Drosophila sharpi
, and several other listed species. The excluded area is not already designated as critical habitat for other species, and we believe that there is a higher likelihood that beneficial conservation activities will continue by not including this area in the critical habitat designation. The r

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-1904. Public record. Not legal advice.