# Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 38 Species on Molokai, Lanai, and Maui > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-12105 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** May 28, 2013 - **Citation:** 78 FR 32014 ## Text DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R1-ES-2011-0098; 4500030113] RIN 1018-AX14 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 38 Species on Molokai, Lanai, and Maui AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui, and reaffirm the listing of 2 endemic Hawaiian plants currently listed as endangered. In this final rule, we are also delisting the plant Gahnia lanaiensis, due to new information that this species is synonymous with G. lacera, a widespread species from New Zealand. The effect of this regulation is to conserve these 40 species under the Endangered Species Act. DATES: This rule becomes effective on June 27, 2013. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. Comments and materials received, as well as supporting documentation used in preparing this final rule are available for public inspection, by appointment, during normal business hours, at 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, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; by telephone at 808-792-9400; or by facsimile at 808-792-9581. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. This is a final rule to list 38 species (35 plants and 3 tree snails) as endangered under the Act from the island cluster of Maui Nui (Molokai, Lanai, Maui, and Kahoolawe) in the State of Hawaii. In addition, the rule reaffirms the listing of two endemic Hawaiian plants currently listed as endangered. Collectively, in this document we refer to these 40 species as the “Maui Nui species.” The basis for our action. Under the Endangered Species Act, we determine that a species is endangered or threatened based on any of five 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. We have determined that the 40 Maui Nui species are currently in danger of extinction throughout all their ranges, as the result of the following current and ongoing threats: • All of these species face threats from the present destruction and modification of their habitat, primarily from introduced ungulates (such as feral pigs, goats, cattle, mouflon sheep, and axis deer) and the spread of nonnative plants. • Thirteen plant species face threats from habitat destruction and modification from fire. • All 37 plant species face threats from destruction and modification of their habitats from hurricanes, landslides, rockfalls, and flooding. In addition, hurricanes are a threat to all three tree snail species. • Nine of these species face threats from habitat destruction and modification from drought. • The projected effects of climate change will likely exacerbate the effects of the other threats to these species. • There is a serious threat of widespread impacts of predation and herbivory on all 37 plant species by nonnative ungulates, rats, and invertebrates; and predation on the three tree snails by nonnative rats and invertebrates. • Some of the plant species face the additional threat of trampling. • The inadequacy of existing regulatory mechanisms (specifically inadequate protection of habitat and inadequate protection from the introduction of nonnative species) poses a current and ongoing threat to all 40 species. • There are current and ongoing threats to 20 plant species and the 3 tree snail species due to factors associated with small numbers of populations and individuals. • Five plant species face threats from hybridization and lack of or low levels of regeneration. • These threats are exacerbated by these species' inherent vulnerability to extinction from stochastic events at any time because of their endemism, small numbers of individuals and populations, and restricted habitats. We fully considered comments from the public, including comments received during a public hearing and comments received from peer reviewers, on the proposed rule. Peer reviewers support our methods. We obtained opinions from four knowledgeable individuals with scientific expertise to review our technical assumptions, analysis, and whether or not we had used the best available information. These peer reviewers generally concurred with our methods and conclusions, and provided additional information, clarifications, and suggestions to improve this final rule. This document consists of a final rule to list 35 plant species and 3 tree snail species as endangered and reaffirms the listing as endangered for 2 plants (40 species total). We additionally delist the plant Gahnia lanaiensis due to taxonomic error. Previous Federal Actions Federal actions for these species prior to June 11, 2012, are outlined in our proposed rule (77 FR 34464), which was published on that date. Publication of the proposed rule opened a 60-day comment period, which was extended on August 9, 2012 (77 FR 47587), for an additional 30 days and closed on September 10, 2012. We published a public notice of the proposed rule on June 20, 2012, in the local Honolulu Star Advertiser, Maui Times, and Molokai Dispatch newspapers. On January 31, 2013 (78 FR 6785), we reopened the comment period for an additional 30 days on the entire June 11, 2012, proposed rule (77 FR 34464), as well as the draft economic analysis on the proposed critical habitat designation, and announced a public information meeting and hearing that we held in Kihei, Maui, on February 21, 2013. This second comment period closed on March 4, 2013. In total, we accepted public comments on the June 11, 2012, proposed rule for 120 days. Background On June 11, 2012, we published in the Federal Register (77 FR 34464) a proposed rule to list 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq. ). We also proposed to reaffirm the listing of two endemic Hawaiian plants listed as endangered. We further proposed to designate critical habitat for 39 of these 40 plant and animal species, to designate critical habitat for 11 previously listed plant and animal species that do not have designated critical habitat, and to revise critical habitat for 85 plant species already listed as endangered or threatened. The final critical habitat determination for the Maui Nui species is still under development and undergoing Service review. It will publish in the Federal Register in the near future under Docket No. FWS-R1-ES-2013-0003. That document will also provide our final determinations regarding the name changes and spelling corrections proposed in our June 1, 2012, proposed rule (77 FR 34464). Maui Nui Species Addressed in this Final Rule The table below (Table 1) provides the common name, scientific name, and listing status for the species that are the subject of this final rule. Table 1—the Maui Nui Species Addressed in This Final Rule [Note that many of the species share the same common name] Scientific name Common name(s) Listing Status Species Listed as Endangered Plants: Bidens campylotheca ssp. pentamera kookoolau Endangered. Bidens campylotheca ssp. waihoiensis kookoolau Endangered. Bidens conjuncta kookoolau Endangered. Calamagrostis hillebrandii [NCN] 1 Endangered. Canavalia pubescens awikiwiki Endangered. Cyanea asplenifolia haha Endangered. Cyanea duvalliorum haha Endangered. Cyanea horrida haha nui Endangered. Cyanea kunthiana haha Endangered. Cyanea magnicalyx haha Endangered. Cyanea maritae haha Endangered. Cyanea mauiensis haha Endangered. Cyanea munroi haha Endangered. Cyanea obtusa haha Endangered. Cyanea profuga haha Endangered. Cyanea solanacea popolo Endangered. Cyrtandra ferripilosa haiwale Endangered. Cyrtandra filipes haiwale Endangered. Cyrtandra oxybapha haiwale Endangered. Festuca molokaiensis [NCN] Endangered. Geranium hanaense nohoanu Endangered. Geranium hillebrandii nohoanu Endangered. Mucuna sloanei var. persericea sea bean Endangered. Myrsine vaccinioides kolea Endangered. Peperomia subpetiolata alaala wai nui Endangered. Phyllostegia bracteata [NCN] Endangered. Phyllostegia haliakalae [NCN] Endangered. Phyllostegia pilosa [NCN] Endangered. Pittosporum halophilum hoawa Endangered. Pleomele fernaldii hala pepe Endangered. Schiedea jacobii [NCN] Endangered. Schiedea laui [NCN] Endangered. Schiedea salicaria [NCN] Endangered. Stenogyne kauaulaensis [NCN] Endangered. Wikstroemia villosa akia Endangered. Animals: Newcombia cumingi Newcomb's tree snail Endangered. Partulina semicarinata Lanai tree snail Endangered. Partulina variabilis Lanai tree snail Endangered. Species Reevaluated for Listing Cyanea grimesiana ssp. grimesiana haha Endangered. Santalum haleakalae var. lanaiense (synonym = Santalum freycinetianum var. lanaiense ) iliahi Endangered. 1 NCN = no common name. Taxonomic Changes Since Listing for Two Maui Nui Plant Species At the time we listed Cyanea grimesiana ssp. grimesiana as endangered (61 FR 53108; October 10, 1996), we followed the taxonomic treatment of Lammers in Wagner et al. (1990, pp. 451-452). The distribution of C. grimesiana ssp. grimesiana as recognized at that time included the islands of Oahu, Molokai, Lanai, and Maui. Subsequently, Lammers (1998, pp. 31-32) recognized morphological differences in the broadly circumscribed Cyanea grimesiana group and published new combinations for the plants reported from Maui ( C. mauiensis ) and Lanai ( C. munroi ). Plants reported from Molokai were identified as either C. munroi or C. grimesiana ssp. grimesiana. In 2004, Lammers (pp. 85-87) recognized further differences in the plants reported from Maui and described a new species, C. magnicalyx, known only from west Maui. The range of C. grimesiana ssp. grimesiana now includes only Oahu and Molokai (Lammers 1998, pp. 31-32; Lammers 2004, pp. 84-85). Because the range of the listed entity has changed, we evaluated the effects of the five factors described in section 4(a)(1) of the Act on C. grimesiana ssp. grimesiana as currently recognized, and determine that this species warrants endangered status under the Act (see Summary of Factors Affecting the 40 Maui Nui Species, below). We listed Santalum freycinetianum var. lanaiense as endangered (51 FR 3182; January 24, 1986) in 1986. At that time, the species was known only from the island of Lanai. Our recovery plan for this species, published in 1995, recognized that the range of the species additionally includes west Maui, as well as Lanai, based on new information (USFWS 1995a, pp. 35-36). In her revision of the Hawaiian species of Santalum, Harbaugh et al. (2010, pp. 834-835) moved the plants previously recognized as S. freycinetianum var. lanaiense to S. haleakalae var. lanaiense. The range of S. haleakalae var. lanaiense now includes Molokai, Lanai, and east and west Maui (HBMP 2010; Harbaugh et al. 2010, pp. 834-835). Because the range of the listed entity has changed, we evaluated the effects of the five factors described in section 4(a)(1) of the Act on S. haleakalae var. lanaiense as currently recognized and determine that this species as described herein warrants its status as endangered under the Act (see Summary of Factors Affecting the 40 Maui Nui Species, below). Delisting of Gahnia lanaiensis Gahnia lanaiensis was listed as endangered in 1991 (56 FR 47686; September 20, 1991). At that time, this species was known from 15 or 16 large “clumped” plants growing on the summit of Lanaihale, on the island of Lanai. The distribution of these plants was considered to be the entire known range of the species. Gahnia lanaiensis was listed as threatened due the small number of individuals remaining and resulting negative consequences of very small populations, which increased the potential for extinction of the species due to stochastic events; the potential for destruction of plants due their proximity to a popular hiking and jeep trail; and habitat degradation and destruction by feral ungulates and nonnative plants (56 FR 47686; September 20, 1991). In a recently published paper, Koyama et al. (2010, pp. 29-30) found that based on spikelet and achene characters, Gahnia lanaiensis is a complete match for G. lacera, a species endemic to New Zealand. Koyama further states that G. lacera likely arrived on Lanai, either intentionally or unintentionally, through the restoration efforts of George Munro, the Resident Manager of Lanai Ranch from 1911 to 1930 (Koyama 2010, p. 30). Born and raised in New Zealand, Munro is known to have used seeds of New Zealand's native plants for reforestation efforts on Lanai (Koyama 2010, p. 30). Because Gahnia lanaiensis is not believed to be a uniquely valid species; is synonymous with G. lacera, a species endemic to New Zealand where it is known to be common (Piha New Zealand Plant Conservation Network 2010, in litt.); and is not in danger of extinction or likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, we delist G. lanaiensis due to error in the original listing. We did not receive any public comments on our proposed delisting of G. lanaiensis due to taxonomic error. An Ecosystem-based Approach On the islands of Molokai, Lanai, and Maui, 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 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 individual 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 factors that may negatively impact them, and ameliorating or eliminating these threats for each individual species often requires the exact same management actions in the exact same areas. Effective management of these threats 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 rule efficiently, but also to more effectively focus conservation management efforts on the common threats that occur across these ecosystems. Those efforts would facilitate restoration of ecosystem functionality 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. In addition, this approach is in concordance with one of the primary stated purposes of the Act, as stated in section 2(b): “to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved.” We are listing the plants Bidens campylotheca ssp. pentamera, Bidens campylotheca ssp. waihoiensis, Bidens conjuncta, Calamagrostis hillebrandii, Cyanea asplenifolia, Cyanea duvalliorum, Cyanea horrida, Cyanea kunthiana, Cyanea magnicalyx, Cyanea maritae, Cyanea mauiensis, Cyanea munroi, Cyanea obtusa, Cyanea profuga, Cyanea solanacea, Cyrtandra ferripilosa, Cyrtandra filipes, Cyrtandra oxybapha, Festuca molokaiensis, Geranium hanaense, Geranium hillebrandii, Mucuna sloanei var. persericea, Myrsine vaccinioides, Peperomia subpetiolata, Phyllostegia bracteata, Phyllostegia haliakalae, Phyllostegia pilosa, Pittosporum halophilum, Pleomele fernaldii, Schiedea jacobii, Schiedea laui, Schiedea salicaria, Stenogyne kauaulaensis, and Wikstroemia villosa; and the tree snails Newcombia cumingi, Partulina semicarinata and Partulina variabilis, from the islands of Molokai, Lanai, and Maui as endangered species. We are also listing the plant Canavalia pubescens, known from the islands of Niihau, Kauai, Lanai, and Maui as an endangered species. In addition, we reaffirm the listing of two plant species, Santalum haleakalae var. lanaiense (formerly Santalum freycinetianum var. lanaiense ) from the islands of Molokai, Lanai, and Maui, and Cyanea grimesiana ssp. grimesiana, known from Oahu and Molokai, as endangered species. These 40 species (37 plants and 3 tree snails) are found in 10 ecosystem types: Coastal, lowland dry, lowland mesic, lowland wet, montane dry, montane wet, montane mesic, subalpine, dry cliff, and wet cliff (Table 3). Table 3—The 40 Maui NUI Species 1 and the Ecosystems Upon Which They Depend Ecosystem Island Molokai Lanai Maui Coastal Pittosporum halophilum Canavalia pubescens Lowland Dry Pleomele fernaldii Bidens campylotheca ssp. pentamera. Canavalia pubescens. Cyanea obtusa. Santalum haleakalae var. lanaiense. Schiedea salicaria. Lowland Mesic Cyanea profuga Pleomele fernaldii Bidens campylotheca ssp. pentamera. Cyanea solanacea Santalum haleakalae var. lanaiense Cyanea asplenifolia. Cyrtandra filipes Cyanea mauiensis. 2 Festuca molokaiensis Santalum haleakalae var. lanaiense Phyllostegia haliakalae Phyllostegia pilosa Santalum haleakalae var. lanaiense Lowland Wet Cyanea grimesiana ssp. grimesiana Pleomele fernaldii Bidens campylotheca ssp. waihoiensis. Cyanea solanacea Santalum haleakalae var. lanaiense Bidens conjuncta. Cyrtandra filipes Partulina semicarinata Cyanea asplenifolia. Partulina variabilis Cyanea duvalliorum. Cyanea kunthiana. Cyanea magnicalyx. Cyanea maritae. Cyrtandra filipes. Mucuna sloanei var. persericea. Phyllostegia bracteata Santalum haleakalae var. lanaiense. Wikstroemia villosa. Newcombia cumingi. Montane Dry Santalum haleakalae var. lanaiense. Montane Mesic Cyanea solanacea Bidens campylotheca ssp. pentamera. Santalum haleakalae var. lanaiense Cyanea horrida. Cyanea kunthiana. Cyanea magnicalyx. Cyanea obtusa. Cyrtandra ferripilosa. Cyrtandra oxybapha Geranium hillebrandii. Phyllostegia bracteata. Phyllostegia haliakalae. Santalum haleakalae var. lanaiense. Stenogyne kauaulaensis. Wikstroemia villosa. Montane Wet Cyanea profuga Santalum haleakalae var. lanaiense Bidens campylotheca ssp. pentamera. Cyanea solanacea Partulina semicarinata Bidens campylotheca ssp. waihoiensis. Phyllostegia pilosa Partulina variabilis Bidens conjuncta. Schiedea laui Calamagrostis hillebrandii. Cyanea duvalliorum. Cyanea horrida. Cyanea kunthiana. Cyanea maritae. Cyrtandra ferripilosa. Cyrtandra oxybapha. Geranium hanaense. Geranium hillebrandii. Myrsine vaccinioides. Peperomia subpetiolata. Phyllostegia bracteata. Phyllostegia pilosa. Schiedea jacobii. Wikstroemia villosa. Subalpine Phyllostegia bracteata. Dry Cliff Phyllostegia haliakalae Pleomele fernaldii Bidens campylotheca ssp. pentamera. Pleomele fernaldii Cyanea mauiensis. 2 Wet Cliff Cyanea grimesiana ssp. grimesiana Cyanea munroi Bidens campylotheca ssp. pentamera. Cyanea munroi Phyllostegia haliakalae Bidens campylotheca ssp. waihoiensis. Pleomele fernaldii Bidens conjuncta. Santalum haleakalae var. lanaiense Cyanea horrida. Partulina semicarinata Cyanea magnicalyx. Partulina variabilis Cyrtandra filipes. Phyllostegia bracteata. Phyllostegia haliakalae. Santalum haleakalae var. lanaiense. 1 37 species are plants and 3 species ( Newcombia cumingi, Partulina semicarinata, and Partulina variabilis ) are tree snails. 2 Not seen since the 1800s. For each species, we identified and evaluated those factors that adversely impact the species and that may be common to all of the species at the ecosystem level. For example, the degradation of habitat by nonnative ungulates is considered a threat to 37 of the 40 species, and is likely a threat to many, if not most or even all, of the native species within a given ecosystem. We consider such a threat to be an “ecosystem-level threat,” as each individual species within that ecosystem faces an adverse impact that is essentially identical in terms of the nature of the its impact, its severity, its imminence, and its scope. Beyond ecosystem-level impacts, we further identified and evaluated factors that may represent unique adverse impacts to certain species, but do not apply to all species under consideration within the same ecosystem. For example, the threat of predation by nonnative snails is unique to the three tree snails in this rule, and is not applicable to any of the other 37 species. We have identified such threats, which apply only to certain species within the ecosystems addressed here, as “species-specific threats.” The Islands of Maui Nui The islands of Maui Nui include Molokai, Lanai, Maui, and Kahoolawe (Figure 1). During the last Ice Age, about 21,000 years ago, when sea levels were approximately 459 feet (ft) (140 meters (m)) below their present level, these four islands were connected by a broad lowland plain and unified as a single island (Nullet et al. 1998, p. 64; Ziegler 2002, p. 22). This land bridge allowed the movement and interaction of each island's flora and fauna and contributed to the present close relationships of their biota (Nullet et al. 1998, p. 64). ER28MY13.000 The island of Molokai is the fifth largest of the eight main Hawaiian Islands. It was formed from three shield volcanoes and is about 260 square miles (sq mi) (673 square kilometers (sq km)) in area (Juvik and Juvik 1998, pp. 11, 13). The volcanoes that make up most of the land mass of Molokai include the west and east Molokai mountains, and a volcano that formed Kalaupapa peninsula. The taller and larger east Molokai mountain rises 4,970 ft (1,514 m) above sea level and comprises roughly 50 percent of the island's area (Juvik and Juvik 1998, p. 11). Topographically, the windward (north) side of east Molokai differs from the leeward (south) side. Precipitous cliffs line the windward coast and deep valleys dissect the coastal area. The annual rainfall on the windward side of Molokai is 75 to more than 150 inches (in) (200 to more than 375 centimeters (cm)) (Giambelluca and Schroeder 1998, p. 50). The island of Lanai is the sixth largest of the eight main Hawaiian Islands, located southeast of Molokai and northwest of Hawaii Island. It is located in the lee or rain shadow of the taller west Maui mountains. Lanai was formed from a single shield volcano and built by eruptions at its summit and along three rift zones (Clague 1998, p. 42). The island is about 140 sq mi (364 sq km) in area and its highest point, Lanaihale, has an elevation of 3,366 ft (1,027 m) (Clague 1998, p. 42; Juvik and Juvik 1998, p. 13; Walker 1999, p. 21). Annual rainfall on the summit is 30 to 40 in (76 to 102 cm), but is considerably less, 10 to 20 in (25 to 50 cm), over much of the rest of the island (Giambelluca and Schroeder 1998, p. 56). The island of Maui is the second largest of the eight main Hawaiian Islands, located southeast of Molokai and northwest of Hawaii Island (Juvik and Juvik 1998, p. 14). It was formed from two shield volcanoes and resulted in the west Maui mountains, which are about 1.3 million years old, and Haleakala on east Maui, which is about 750,000 years old (Juvik and Juvik 1998, p. 14). West and east Maui are connected by the central Maui isthmus, and the island's total land area is 729 sq mi (1,888 sq km) (Juvik and Juvik 1998, p. 14; Walker 1999, p. 21). The west Maui mountains have been eroded by streams that created deep valleys and ridges. The highest point on west Maui is Puu Kukui at 5,788 ft (1,764 m) in elevation, with with an average rainfall greater than 400 in (1,020 cm) per year (Juvik and Juvik 1998, p. 14; Wagner et al. 1999b, p. 41; Giambelluca et al. 2011- Online Rainfall Atlas of Hawaii ). East Maui's Haleakala volcano remains volcanically active, with its last eruption occurring less than 500 years ago (Sherrod et al. 2007, p. 40). Haleakala rises 10,023 ft (3,055 m) in elevation, and despite being younger in age, possesses areas of diverse vegetation equal or greater than the older and more eroded west Maui mountains (Price 2004, p. 493). Rainfall on the slopes of Haleakala ranges from about 35 in (89 cm) to over 400 in (1,000 cm) per year, with its windward (northeastern) slope receiving the most precipitation (Giambelluca et al. 2011- Online Rainfall Atlas of Hawaii ). However, Haleakala's crater is a dry cinder desert because it is above the level at which precipitation develops and is sheltered from moisture-laden winds usually associated with orographic (mountain) rainfall (Giambelluca and Schroeder 1998, p. 55). The island of Kahoolawe is the smallest of the eight main Hawaiian Islands, located southeast of Molokai and northwest of Hawaii Island. The island is about 45 sq mi (116 sq km) in area, and was formed from a single shield volcano (Clague 1998, p. 42; Juvik and Juvik 1998, pp. 7, 16). The maximum elevation on Kahoolawe is 1,477 ft (450 m) at the summit of Puu Moaulanui (Juvik and Juvik 1998, pp. 15-16). Kahoolawe is in the rain shadow of Haleakala and is arid, receiving no more than 25 in (65 cm) of rainfall annually (Juvik and Juvik 1998, p. 16; Mitchell et al. 2005, pp. 6-66). The vegetation of the islands of Maui Nui has undergone extreme alterations because of past and present land use and other activities. Land with rich soils was altered by the early Hawaiians and, more recently, converted to agricultural use in the production of sugar and pineapple (Gagne and Cuddihy 1999, p. 45) or pasture. For example, on Haleakala, on the island of Maui, the upland slopes have been converted to diversified agriculture and cattle ranches (Juvik and Juvik 1998, p. 16). Archaeological surveys suggest that the early Hawaiians did not live in the highest areas of Haleakala but instead inhabited the area temporarily for religious ceremonies, the creation of adzes (tools used for smoothing or carving wood), and bird hunting (Burney 1997, p. 448). Intentional and inadvertent introduction of alien plant and animal species has also contributed to the reduction in range of native vegetation on the islands of Maui Nui (throughout this rule, the terms “alien,” “feral,” “nonnative,” and “introduced” all refer to species that are not naturally native to the Hawaiian Islands). Currently, most of the native vegetation on the islands persists on upper elevation slopes, valleys and ridges; 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. Maui Nui Ecosystems There are 11 different ecosystems (coastal, lowland dry, lowland mesic, lowland wet, montane dry, montane mesic, montane wet, subalpine, alpine, dry cliff, and wet cliff) recognized on the islands of Maui Nui. The 40 species in this rule occur in 10 of these ecosystems (all except the alpine). All 11 Maui Nui ecosystems are described in the following section. Coastal The coastal ecosystem is found on all of the main Hawaiian Islands, with the highest native species diversity in the least populated coastal areas of Kauai, Oahu, Molokai, Maui, Kahoolawe, Hawaii Island, and their associated islets. On Molokai, Lanai, Maui, and Kahoolawe, the coastal ecosystem includes mixed herblands, shrublands, and grasslands, from sea level to 980 ft (300 m) in elevation, generally within a narrow zone above the influence of waves to within 330 ft (100 m) inland, sometimes extending further inland if strong prevailing onshore winds drive sea spray and sand dunes into the lowland zone (The Nature Conservancy (TNC) 2006a). The coastal ecosystem is typically dry, with annual rainfall of less than 20 in (50 cm); however, windward rainfall may be high enough (up to 40 in (100 cm)) to support mesic-associated and sometimes wet-associated vegetation (Gagne and Cuddihy 1999, pp. 54-66). Biological diversity is low to moderate in this ecosystem, but may include some specialized plants and animals such as nesting seabirds and the endangered plant Sesbania tomentosa (ohai) (TNC 2006a). The plants Canavalia pubescens and Pittosporum halophilum, which are listed as endangered in this final rule, are reported in this ecosystem on Molokai or Lanai (Hawaii Biodiversity and Mapping Program (HBMP) 2008; TNC 2007). Lowland Dry The lowland dry ecosystem includes shrublands and forests generally below 3,300 ft (1,000 m) elevation that receive less than 50 in (130 cm) annual rainfall, or are in otherwise prevailingly dry substrate conditions that range from weathered reddish silty loams to stony clay soils, rocky ledges with very shallow soil, or relatively recent little-weathered lava (Gagne and Cuddihy 1999, p. 67). Areas consisting of predominantly native species in the lowland dry ecosystem are now rare; this ecosystem is found on the islands of Kauai, Oahu, Molokai, Lanai, Maui, Kahoolawe and Hawaii, and is best represented on the leeward sides of the islands (Gagne and Cuddihy 1999, p. 67). On the islands of Maui Nui, this ecosystem is typically found on the leeward side of the mountains (Gagne and Cuddihy 1999, p. 67; TNC 2006b). Native biological diversity is low to moderate in this ecosystem, and includes specialized animals and plants such as the Hawaiian owl or pueo ( Asio flammeus sandwichensis ) and Santalum ellipticum (iliahialoe or coast sandalwood) (Wagner et al. 1999c, pp. 1,220-1,221; TNC 2006b). The plants Bidens campylotheca ssp. pentamera, Canavalia pubescens, Cyanea obtusa, Pleomele fernaldii, Santalum haleakalae var. lanaiense, and Schiedea salicaria, which are listed as endangered in this final rule, are reported from this ecosystem on Lanai or Maui (HBMP 2008; TNC 2007). Lowland Mesic The lowland mesic ecosystem includes a variety of grasslands, shrublands, and forests, generally below 3,300 ft (1,000 m) elevation, that receive between 50 and 75 in (130 and 190 cm) annual rainfall (TNC 2006c). In the Hawaiian Islands, this ecosystem is found on Kauai, Molokai, Lanai, Maui, and Hawaii, on both windward and leeward sides of the islands. On the islands of Maui Nui, this ecosystem is typically found on the leeward slopes of Molokai, Lanai, and Maui (Gagne and Cuddihy 1999, p. 75; TNC 2006c). Native biological diversity is high in this system (TNC 2006c). The plants Bidens campylotheca ssp. pentamera, Cyanea asplenifolia, C. profuga, C. solanacea, Cyrtandra filipes, Festuca molokaiensis, Phyllostegia haliakalae, P. pilosa, Pleomele fernaldii, and Santalum haleakalae var. lanaiense, which are listed as endangered in this final rule, are reported in this ecosystem on this islands of Molokai, Lanai, or Maui (HBMP 2008; TNC 2007). In addition, Cyanea mauiensis, also listed as endangered in this final rule, may have occurred in this ecosystem on Maui, but this species has not been observed for over 100 years. The species-specific habitat needs of Cyanea mauiensis are not known. Lowland Wet The lowland wet ecosystem is generally found below 3,300 ft (1,000 m) elevation on the windward sides of the main Hawaiian Islands, except Niihau and Kahoolawe (Gagne and Cuddihy 1999, p. 85; TNC 2006d). These areas include a variety of wet grasslands, shrublands, and forests that receive greater than 75 in (190 cm) annual precipitation, or are in otherwise wet substrate conditions (TNC 2006d). On the islands of Maui Nui, this system is best developed in wet valleys and slopes on Molokai, Lanai, and Maui (TNC 2006d). Native biological diversity is high in this system (TNC 2006d). The plants Bidens campylotheca ssp. waihoiensis, B. conjuncta, Cyanea asplenifolia, C. duvalliorum, C. grimesiana ssp. grimesiana, C. kunthiana, C. magnicalyx, C. maritae, C. solanacea, Cyrtandra filipes, Mucuna sloanei var. persericea, Phyllostegia bracteata, Pleomele fernaldii, Santalum haleakalae var. lanaiense, and Wikstroemia villosa; and the tree snails Newcombia cumingi, Partulina semicarinata, and P. variabilis, which are listed as endangered in this final rule, are reported in this ecosystem on Molokai, Lanai, or Maui (HBMP 2008; TNC 2007). Montane Wet The montane wet ecosystem is composed of natural communities (grasslands, shrublands, forests, and bogs) found at elevations between 3,300 and 6,500 ft (1,000 and 2,000 m), in areas where annual precipitation is greater than 75 in (190 cm) (TNC 2006e). This system is found on all of the main Hawaiian Islands except Niihau and Kahoolawe, and only the islands of Molokai, Maui, and Hawaii have areas above 4,020 ft (1,225 m) (TNC 2006e). On the islands of Maui Nui this ecosystem is found on Molokai, Lanai, and Maui (TNC 2007). Native biological diversity is moderate to high (TNC 2006e). The plants Bidens campylotheca ssp. pentamera, B. campylotheca ssp. waihoiensis, B. conjuncta, Calamagrostis hillebrandii, Cyanea duvalliorum, C. horrida, C. kunthiana, C. maritae, C. profuga, C. solanacea, Cyrtandra ferripilosa, C. oxybapha, Geranium hanaense, G. hillebrandii, Myrsine vaccinioides, Peperomia subpetiolata, Phyllostegia bracteata, P. pilosa, Santalum haleakalae var. lanaiense, Schiedea jacobii, S. laui, and Wikstroemia villosa; and the tree snails Partulina semicarinata and P. variabilis, which are listed as endangered in this final rule, are reported in this ecosystem on the islands of Molokai, Lanai, or Maui (HBMP 2008; TNC 2007). Montane Mesic The montane mesic ecosystem is composed of natural communities (forests and shrublands) found at elevations between 3,300 and 6,500 ft (1,000 and 2,000 m), in areas where annual precipitation is between 50 and 75 in (130 and 190 cm), or are in otherwise mesic substrate conditions (TNC 2006f). This system is found on Kauai, Molokai, Maui, and Hawaii Island (Gagne and Cuddihy 1999, pp. 97-99; TNC 2007). Native biological diversity is moderate, and this habitat is important for Hawaiian forest birds (Gagne and Cuddihy 1999, pp. 98-99; TNC 2006f). The plants Bidens campylotheca ssp. pentamera, Cyanea horrida, C. kunthiana, C. magnicalyx, C. obtusa, C. solanacea, Cyrtandra ferripilosa, C. oxybapha, Geranium hillebrandii, Phyllostegia bracteata, Phyllostegia haliakalae, Santalum haleakalae var. lanaiense, Stenogyne kauaulaensis, and Wikstroemia villosa, which are listed as endangered in this final rule, are reported in this ecosystem on Molokai or Maui (TNC 2007; HBMP 2008; HNP 2012, in litt.). Montane Dry The montane dry ecosystem is composed of natural communities (shrublands, grasslands, forests) found at elevations between 3,300 and 6,500 ft (1,000 and 2,000 m), in areas where annual precipitation is less than 50 in (130 cm), or are in otherwise dry substrate conditions (TNC 2006g). This system is found on the islands of Maui and Hawaii (Gagne and Cuddihy 1999, pp. 93-97). The only plant species listed as endangered in this final rule that is found in this ecosystem is Santalum haleakalae var. lanaiense (TNC 2007; HBMP 2008). Subalpine The subalpine ecosystem is composed of natural communities (shrublands, grasslands, forests) found at elevations between 6,500 ft and 9,800 ft (2,000 and 3,000 m), in areas where annual precipitation is seasonal, between 15 and 40 in (38 and 100 cm), or are in otherwise dry substrate conditions (TNC 2006h). Fog drip is an important moisture supplement (Gagne and Cuddihy 1999, pp. 107-110). This system is found on the islands of Maui and Hawaii (Gagne and Cuddihy 1999, pp. 107-110). Native biological diversity is not high, but specialized invertebrates and plants ( Sophora chrysophylla (mamane), Myoporum sandwicense (naio), and Deschampsia nubigena (hairgrass)) are reported in this ecosystem (TNC 2006h). The plant Phyllostegia bracteata, which is listed as endangered in this final rule, is reported in this ecosystem (TNC 2007; HBMP 2008). Alpine The alpine ecosystem is composed of natural communities (shrublands, alpine lake, aeolian (wind-shaped) desert) found at elevations above 9,800 ft (3000 m), in areas where annual precipitation is infrequent, with frost and snow, and intense solar radiation (TNC 2006i). Fog drip is an important moisture supplement (Gagne and Cuddihy 1999, pp. 107-110). This system is found on the islands of Maui and Hawaii (Gagne and Cuddihy 1999, pp. 107-110). Native biological diversity is not high, but highly specialized plants, such as the threatened Argyroxiphium sandwicense ssp. macrocephalum (ahinahina), occur in this ecosystem on Maui (TNC 2006i). None of the species being listed as endangered in this final rule are reported from this ecosystem (TNC 2007; HBMP 2008). Dry Cliff The dry cliff ecosystem is composed of vegetation communities occupying steep slopes (greater than 65 degrees) in areas that receive less than 75 in (190 cm) of rainfall annually, or are in otherwise dry substrate conditions (TNC 2006j). This ecosystem is found on all of the main Hawaiian Islands except Niihau, and is best represented along the leeward slopes of Lanai and Maui (TNC 2006j). A variety of shrublands occur within this ecosystem (TNC 2006j). Native biological diversity is low to moderate (TNC 2006j). The plants Bidens campylotheca ssp. pentamera, Phyllostegia haliakalae, and Pleomele fernaldii, which are listed as endangered in this final rule, are reported in this ecosystem on Lanai or Maui (HBMP 2008; TNC 2007). In addition, Cyanea mauiensis, also listed as endangered in this final rule, may have occurred in this ecosystem on Maui, but this species has not been observed for over 100 years. The species-specific habitat needs of Cyanea mauiensis are not known. Wet Cliff The wet cliff ecosystem is generally composed of shrublands on near-vertical slopes (greater than 65 degrees) in areas that receive more than 75 in (190 cm) of annual precipitation, or in otherwise wet substrate conditions (TNC 2006k). This system is found on the islands of Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii. On the islands of Maui Nui, this system is typically found along the windward sides of Molokai, Lanai, and Maui (TNC 2006k). Native biological diversity is low to moderate (TNC 2006k). The plants Bidens campylotheca ssp. pentamera, B. campylotheca ssp. waihoiensis, B. conjuncta, Cyanea grimesiana ssp. grimesiana, C.horrida, C. magnicalyx, C. munroi, Cyrtandra filipes, Phyllostegia bracteata, P. haliakalae, Pleomele fernaldii, and Santalum haleakalae var. lanaiense, and the tree snails Partulina semicarinata and P. variabilis, which are listed as endangered in this final rule, are reported in this ecosystem on the islands of Molokai, Lanai, or Maui (HBMP 2008; TNC 2007). Description of the 40 Maui Nui Species Below is a brief description of each of the 40 Maui Nui species, presented in alphabetical order by genus. Plants are presented first, followed by animals. Plants In order to avoid confusion regarding the number of locations of each species (a location does not necessarily represent a viable population, as in some cases there may only be one or a very few representatives of the species present), we use the word “occurrence” instead of “population.” Each occurrence is composed only of wild (i.e., not propagated and outplanted) individuals. Bidens campylotheca ssp. pentamera (kookoolau), a perennial herb in the sunflower family (Asteraceae), occurs only on the island of Maui (Ganders and Nagata 1999, pp. 271, 273). Historically, B. campylotheca spp. pentamera was found on Maui's eastern volcano (Haleakala). Currently, this subspecies is found on east Maui in the montane mesic, montane wet, dry cliff, and wet cliff ecosystems of Waikamoi Preserve and Kipahulu Valley (in Haleakala National Park) (TNC 2007; HBMP 2008; Welton 2008, in litt.; National Tropical Botanical Garden (NTBGa) 2009, pp. 1-2; Fay 2010, in litt.). It is uncertain if plants observed in the Hana Forest Reserve at Waihoi Valley are B. campylotheca ssp. pentamera (Osterneck 2010, in litt.; Haleakala National Park (HNP) 2012, in litt.). On west Maui, B. campylotheca ssp. pentamera is found on and near cliff walls in the lowland dry and lowland mesic ecosystems of Papalaua Gulch (West Maui Forest Reserve) and Kauaula Valley (NTBG 2009a, pp. 1-2; Perlman 2009a, in litt.). The 6 occurrences on east and west Maui total approximately 200 individuals. Bidens campylotheca ssp. waihoiensis (kookoolau), a perennial herb in the sunflower family (Asteraceae), occurs only on the island of Maui (Ganders and Nagata 1999, pp. 271, 273). Historically, B. campylotheca ssp. waihoiensis was found on Maui's eastern volcano in Waihoi Valley and Kaumakani ridge (HBMP 2008). Currently, this subspecies is found in the lowland wet, montane wet, and wet cliff ecosystems in Kipahulu Valley (Haleakala National Park) and possibly in Waihoi Valley (Hana Forest Reserve) on east Maui (TNC 2007; HBMP 2008; Welton 2008, in litt.). Approximately 200 plants are scattered over an area of about 2.5 miles (4 km) in Kipahulu Valley (Welton 2010a, in litt.). In 1974, hundreds of individuals were observed in Waihoi Valley along Waiohonu stream (NTBG 2009b, p. 4). Bidens conjuncta (kookoolau), a perennial herb in the sunflower family (Asteraceae), occurs only on the island of Maui (Ganders and Nagata 1999, pp. 273-274). Historically, this species was known only from the mountains of west Maui in the Honokohau drainage basin (Sherff 1923, p. 162). Currently, B. conjuncta is found scattered throughout the upper elevation drainages of the west Maui mountains in the lowland wet, montane wet, and wet cliff ecosystems, in 9 occurrences totaling an estimated 7,000 individuals (TNC 2007; HBMP 2008; Oppenheimer 2008a, in litt.; Perlman 2010, in litt.). Calamagrostis hillebrandii (NCN), a perennial in the grass family (Poaceae), occurs only on the island of Maui (O'Connor 1999, p. 1,509). Historically, this species was known from Puu Kukui in the west Maui mountains (Wagner et al. 2005a- Flora of the Hawaiian Islands database ). Currently, this species is found in bogs in the montane wet ecosystem in the west Maui mountains, from Honokohau to Kahoolewa ridge, including East Bog and Eke Crater, in three occurrences totaling a few hundred individuals (TNC 2007; HBMP 2008; Oppenheimer 2010a, in litt.). Canavalia pubescens (awikiwiki), a perennial climber in the pea family (Fabaceae), is currently found only on the island of Maui, although it was also historically known from Niihau, Kauai, and Lanai (Wagner and Herbst 1999, p. 654). On Niihau, this species was known from one population in Haao Valley that was last observed in 1949 (HBMP 2008). On Kauai, this species was known from six populations ranging from Awaawapuhi to Wainiha, where it was last observed in 1977 (HBMP 2008). On Lanai, this species was known from Kaena Point to Huawai Bay. Eight individuals were reported in the coastal ecosystem west of Hulupoe, but they have not been seen since 1998 (Oppenheimer 2007a, in litt.; HBMP 2008). At present, the only known occurrence is on east Maui, from Puu o Kali south to Pohakea, in the lowland dry ecosystem (Starr 2006, in litt.; Altenburg 2007, pp. 12-13; Oppenheimer 2006a, in litt.; 2007a, in litt.; Greenlee 2013, in litt.). All plants of this species that formerly were found in the Ahihi-Kinau Natural Area Reserve on Maui were destroyed by feral goats ( Capra hircus ) by the end of 2010 (Fell-McDonald 2010, in litt.). In addition, although approximately 20 individuals of Canavalia pubescens were reported from the Palauea-Keahou area as recently as 2010 (Altenberg 2010, in litt.), no individuals have been found in site visits to this area over the last 2 years (Greenlee 2013, in litt.). Greenlee (2013, in litt.) reports that these plants may have succumbed to prolonged drought. In April of 2010, C. pubescens totaled as many as 500 individuals; however, with the loss of the plants at Ahihi-Kinau Natural Area Reserve and the loss of plants at Palauea-Keahou, C. pubescens may currently total fewer than 200 individuals at a single location. Cyanea asplenifolia (haha), a shrub in the bellflower family (Campanulaceae), is found only on the island of Maui. This species was known historically from Waihee Valley and Kaanapali on west Maui, and Halehaku ridge on east Maui (Lammers 1999, p. 445; HBMP 2008). On west Maui, in the lowland wet ecosystem, there are 3 occurrences totaling 14 individuals in the Puu Kukui Preserve and two occurrences totaling 5 individuals in the West Maui Natural Area Reserve. On east Maui, C. asplenifolia is found in 1 occurrence each in the lowland mesic ecosystem in Haleakala National Park (53 individuals) and Kipahulu Forest Reserve (FR) (140 individuals), and 1 occurrence in the lowland wet ecosystem in the Makawao FR (5 individuals) (TNC 2007; HBMP 2008; Oppenheimer 2008b, in litt, 2010b, in litt.; PEPP 2008, p. 48; Welton and Haus 2008, p. 12; NTBG 2009c, pp. 3-5; Welton 2010a, in litt.). Currently, C. asplenifolia is known from 8 occurrences totaling fewer than 200 individuals. The occurrence at Haleakala National Park is protected by a temporary exclosure (HNP 2012, in litt.). Cyanea duvalliorum (haha), a tree in the bellflower family (Campanulaceae), is found only in the east Maui mountains (Lammers 2004, p. 89). This species was described in 2004, after the discovery of individuals of a previously unknown species of Cyanea at Waiohiwi Gulch (Lammers 2004, p. 91). Studies of earlier collections of sterile material extend the historical range of this species on the windward slopes of Haleakala in the lowland wet and montane wet ecosystems, east of Waiohiwi Stream, from Honomanu Stream to Wailua Iki Streams, and to Kipahulu Valley (Lammers 2004, p. 89). In 2007, one individual was observed in the lowland wet ecosystem of the Makawao FR (NTBG 2009d, p. 2). In 2008, 71 individuals were found in 2 new locations in the Makawao FR, along with many juveniles and seedlings (NTBG 2009d, p. 2). Currently there are 2 occurrences with an approximate total of 71 individuals in the montane wet ecosystem near Makawao FR, with an additional 135 individuals outplanted in Waikamoi Preserve (TNC 2007; NTBG 2009d, p. 2; Oppenheimer 2010a, in litt.). Cyanea grimesiana ssp. grimesiana (haha), a shrub in the bellflower family (Campanulaceae), is known only from Oahu and Molokai (Lammers 2004 p. 84; Lammers 1999, pp. 449, 451; 68 FR 35950, June 17, 2003). On Molokai, this species was last observed in 1991 in the wet cliff ecosystem at Wailau Valley (PEPP 2010, p. 45). Currently, on Oahu there are five to six individuals in four occurrences in the Waianae and Koolau Mountains (U.S. Army 2006; HBMP 2008). Cyanea horrida (haha nui), a member of the bellflower family (Campanulaceae), is a palm-like tree found only on the island of Maui. This species was known historically from the slopes of Haleakala (Lammers 1999, p. 453; HBMP 2008). Currently, C. horrida is known from 12 occurrences totaling 44 individuals in the montane mesic, montane wet, and wet cliff ecosystems in Waikamoi Preserve, Hanawai Natural Area Reserve, and Haleakala National Park on east Maui (TNC 2007; HBMP 2008; PEPP 2009, p. 52; PEPP 2010, pp. 46-47; Oppenheimer 2010c, in litt.; TNCH 2010a, p. 1). Cyanea kunthiana (haha), a shrub in the bellflower family (Campanulaceae), is found only on Maui, and was historically known from both the east and west Maui mountains (Lammers 1999, p. 453; HBMP 2008). Cyanea kunthiana was known to occur in the montane mesic ecosystem in the east Maui mountains in upper Kipahulu Valley, in Haleakala National Park and Kipahulu FR (HBMP 2008). Currently, in the east Maui mountains, C. kunthiana occurs in the lowland wet and montane wet ecosystems in Waikamoi Preserve, Hanawi Natural Area Reserve, East Bog, Kaapahu, and Kipahulu Valley. In the west Maui mountains, C. kunthiana occurs in the lowland wet and montane wet ecosystems at Eke Crater, Kahoolewa ridge, and at the junction of the Honokowai, Hahakea, and Honokohau gulches (TNC 2007; HBMP 2008; NTBG 2009e, pp. 1-3; Perlman 2010, in litt.; Oppenheimer 2010a, in litt.). The 15 occurrences total 165 individuals, although botanists speculate that this species may total as many as 400 individuals with further surveys of potential habitat on east and west Maui (TNC 2007; HBMP 2008; Fay 2010, in litt.; Oppenheimer 2010a, in litt.; Osternak 2010, in litt.). Cyanea magnicalyx (haha), a perennial shrub in the bellflower family (Campanulaceae), is known from west Maui (Lammers 1999, pp. 449, 451; Lammers 2004, p. 84). Currently, there are seven individuals in three occurrences on west Maui: two individuals in Kaluanui, a subgulch of Honokohau Valley, in the lowland wet ecosystem; four individuals in Iao Valley in the wet cliff ecosystem; and one individual in a small drainage south of the Kauaula rim, in the montane mesic ecosystem (Lammers 2004, p. 87; Perlman 2009b in litt.; Wood 2009, in litt.). Cyanea maritae (haha), a shrub in the bellflower family (Campanulaceae), is found only on Maui (Lammers 2004, p. 92). Sterile specimens were collected from the northwestern slopes of Haleakala in the Waiohiwi watershed and east to Kipahulu in the early 1900s. Between 2000 and 2002, fewer than 20 individuals were found in the Waiohiwi area (Lammers 2004, pp. 92, 93). Currently, there are 4 occurrences, totaling between 23 to 50 individuals in Kipahulu, Kaapahu, west Kahakapao, and in the Koolau FR in the lowland wet and montane wet ecosystems on east Maui (TNC 2007; Oppenheimer 2010b, in litt.; Welton 2010b, in litt.). Cyanea mauiensis (haha), a perennial shrub in the bellflower family (Campanulaceae), was last observed on Maui about 100 years ago (Lammers 2004, pp. 84-85; TNC 2007). Although there are no documented occurrences of this species known today, botanists believe this species may still be extant as all potentially suitable lowland mesic and dry cliff habitat has not been surveyed. Cyanea munroi (haha), a short-lived shrub in the bellflower family (Campanulaceae), is known from Molokai and Lanai (Lammers 1999, pp. 449, 451; Lammers 2004, pp. 84-87). Currently, there are no known individuals on Molokai (last observed in 2001), and only two individuals on Lanai at a single location, in the wet cliff ecosystem (TNC 2007; HBMP 2008; Perlman 2008a, in litt.; Wood 2009a, in litt.; Oppenheimer 2010d, in litt.). Cyanea obtusa (haha), a shrub in the bellflower family (Campanulaceae), is found only on Maui (Lammers 1999, p. 458). Historically, this species was found in both the east and west Maui mountains (Hillebrand 1888, p. 254; HBMP 2008). Not reported since 1919 (Lammers 1999, p. 458), C. obtusa was rediscovered in the early 1980s at one site each on east and west Maui. However, by 1989, plants in both locations had disappeared (Hobdy et al. 1991, p. 3; Medeiros 1996, in litt.). In 1997, 4 individuals were observed in Manawainui Gulch in Kahikinui, and another occurrence of 5 to 10 individuals was found in Kahakapao Gulch, both in the montane mesic ecosystem on east Maui (Wood and Perlman 1997, p. 11; Lau 2001, in litt.). However, the individuals found at Kahakapao Gulch are now considered to be Cyanea elliptica or hybrids between C. obtusa and C. elliptica (PEPP 2007, p. 40). In 2001, several individuals were seen in Hanaula and Pohakea gulches on west Maui; however, only hybrids are currently known in this area (NTBG 2009f, p. 3). It is unknown if individuals of C. obtusa remain at Kahikinui, as access to the area to ascertain the status of these plants is difficult and has not been attempted since 2001 (PEPP 2008, p. 55; PEPP 2009, p. 58). Two individuals were observed on a cliff along Wailaulau Stream in the montane mesic ecosystem on east Maui in 2009 (Duvall 2010, in litt.). Currently, this species is known from one occurrence of only a few individuals in the montane mesic ecosystem on east Maui. Historically, this species also occurred in the lowland dry ecosystem at Manawainui on west Maui and at Ulupalakua on east Maui (HBMP 2008). Cyanea profuga (haha), a shrub in the bellflower family (Campanulaceae), occurs only on Molokai (Lammers 1999, pp. 461-462; Wood and Perlman 2002, p. 4). Historically, this species was found in Mapulehu Valley and along Pelekunu Trail, and has not been seen in those locations since the early 1900s (Wood and Perlman 2002, p. 4). In 2002, six individuals were discovered along a stream in Wawaia Gulch (Wood and Perlman 2002, p. 4). In 2007, seven individuals were known from Wawaia Gulch, and an additional six individuals were found in Kumueli (Wood 2005, p. 17; USFWS 2007a; PEPP 2010, p. 55). In 2009, only four individuals remained at Wawaia Gulch; however, nine were found in Kumueli Gulch (Bakutis 2010, in litt.; Oppenheimer 2010e, in litt.; Perlman 2010, in litt.; PEPP 2010, p. 55). Currently, there are 4 occurrences totaling up to 34 individuals in the lowland mesic and montane wet ecosystems on Molokai (TNC 2007; Bakutis 2010, in litt.; Perlman 2010, in litt.). Cyanea solanacea (popolo, haha nui), a shrub in the bellflower family (Campanulaceae), is found only on Molokai. According to Lammers (1999, p. 464) and Wagner ( et al. 2005a- Flora of the Hawaiian Islands database ) the range of C. solanacea includes Molokai and may also include west Maui. In his treatment of the species of the Hawaiian endemic genus Cyanea, Lammers (1999, p. 464) included a few sterile specimens of Cyanea from Puu Kukui, west Maui and the type specimen (now destroyed) for C. scabra var. sinuata from west Maui in C. solanacea. However, Oppenheimer recently reported (Oppenheimer 2010a, in litt.) that the plants on west Maui were misidentified as C. solanacea and are actually C. macrostegia. Based on Oppenheimer's recent field observations, the range of C. solanacea is limited to Molokai. Historically, Cyanea solanacea ranged from central Molokai at Kalae, eastward to Pukoo in the lowland mesic, lowland wet, and montane mesic ecosystems (HBMP 2008). Currently, there are four small occurrences at Hanalilolilo, near Pepeopae Bog, Kaunakakai Gulch, and Kawela Gulch, in the montane wet ecosystem. These occurrences total 26 individuals (Bakutis 2010, in litt.; Oppenheimer 2010a, in litt.; TNCH 2011, pp. 21, 57). Cyrtandra ferripilosa (haiwale), a shrub in the African violet family (Gesneriaceae), occurs only on Maui (St. John 1987, pp. 497-498; Wagner and Herbst 2003, p. 29). This species was discovered in 1980 in the east Maui mountains at Kuiki in Kipahulu Valley (St. John 1987, pp. 497-498; Wagner et al. 2005a- Flora of the Hawaiian Islands database ). Currently, there are a few individuals each in two occurrences at Kuiki and on the Manawainui plane in the montane mesic and montane wet ecosystems (Oppenheimer 2010f, in litt.; Welton 2010a, in litt.). Cyrtandra filipes (haiwale), a shrub in the African violet family (Gesneriaceae), is found on Maui (Wagner et al. 1999d, pp. 753-754; Oppenheimer 2006b, in litt.). According to Wagner et al. (1999d, p. 754), the range of C. filipes includes Maui and Molokai. Historical collections from Kapunakea (1800) and Olowalu (1971) on Maui indicate it once had a wider range on this island. In 2004, it was believed there were over 2,000 plants at Honokohau and Waihee in the west Maui mountains; however, recent studies have shown that these plants do not match the description for C. filipes (Oppenheimer 2006b, in litt.). Currently, there are between 134 and 155 individuals in 4 occurrences in the lowland wet and wet cliff ecosystems at Kapalaoa, Honokowai, Honolua, and Waihee Valley on west Maui, and approximately 7 individuals at Mapulehu in the lowland mesic ecosystem on Molokai, with an historical occurrence in the lowland wet ecosystem (Oppenheimer 2010c, in litt.). Cyrtandra oxybapha (haiwale), a shrub in the African violet family (Gesneriaceae), is found on Maui (Wagner et al. 1999d, p. 771). This species was discovered in the upper Pohakea Gulch in Hanaula in the west Maui mountains in 1986 (Wagner et al. 1989, p. 100; TNC 2007). Currently, there are 2 known occurrences with a total of 137 to 250 individuals. Cyrtandra oxybapha occurs in the montane wet ecosystem on west Maui, from Hanaula to Pohakea Gulch. This occurrence totals between 87 and 97 known individuals, with perhaps as many as 150 or more (Oppenheimer 2008c, in litt.). The current status of the 50 to 100 individuals in the montane mesic ecosystem in Manawainui Gulch on east Maui is unknown, as these plants have not been surveyed since 1997 (Oppenheimer 2010a, in litt.). Festuca molokaiensis (NCN), a member of the grass family (Poaceae), is found on Molokai (Catalan et al. 2009, p. 54). This species is only known from the type locality at Kupaia Gulch, in the lowland mesic ecosystem (Catalan et al. 2009, p. 55). Last seen in 2009, the current number of individuals is unknown; however, field surveys for F. molokaiensis at Kupaia Gulch are planned for 2011 (Oppenheimer 2010g, in litt.). Oppenheimer (2011, pers. comm.) suggests that the drought over the past couple of years on Molokai may have suppressed the growth of F. molokaiensis and prevented its observation by botanists in the field. He also suggested that this species may be an annual whose growth will be stimulated by normal rainfall patterns. Geranium hanaense (nohoanu), a shrub in the geranium family (Geraniaceae), is found on Maui (Wagner et al. 1999e, pp. 730-732). This species was first collected in 1973, from two adjacent montane bogs on the northeast rift of Haleakala, east Maui (Medeiros and St. John 1988, pp. 214-220). At that time, there were an estimated 500 to 700 individuals (Medeiros and St. John 1988, pp. 214-220). Currently, G. hanaense occurs in “Big Bog” and “Mid Camp Bog” in the montane wet ecosystem on the northeast rift of Haleakala, with the same number of estimated individuals (Welton 2008, in litt.; Welton 2010a, in litt.; Welton 2010b, in litt.). Geranium hillebrandii (nohoanu), a shrub in the geranium family (Geraniaceae), is found on Maui (Aedo and Munoz Garmendia 1997; p. 725; Wagner et al. 1999e, pp. 732-733; Wagner and Herbst 2003, p. 28). Little is known of the historical locations of G. hillebrandii, other than the type collection made in the 1800s at Eke Crater, in the west Maui mountains (Hillebrand 1888, p. 56). Currently, 4 occurrences total over 10,000 individuals, with the largest 2 occurrences in the west Maui bogs, from Puu Kukui to East Bog and Kahoolewa ridge. A third occurrence is at Eke Crater and the surrounding area, and the fourth occurrence is at Lihau (HBMP 2008; Oppenheimer 2010h, in litt.). These occurrences are found in the montane wet and montane mesic ecosystems on west Maui (TNC 2007). Mucuna sloanei var. persericea (sea bean), a vine in the pea family (Fabaceae), is found on Maui (Wilmot-Dear 1990, pp. 27-29; Wagner et al. 2005a- Flora of the Hawaiian Islands database ). In her revision of Mucuna in the Pacific Islands, Wilmot-Dear recognized this variety from Maui based on leaf indumentum (covering of fine hairs or bristles) (Wilmot-Dear 1990, p. 29). At the time of Wilmot-Dear's publication, M. sloanei var. persericea ranged from Makawao to Wailua Iki, on the windward slopes of the east Maui mountains (Wagner et al. 2005a- Flora of the Hawaiian Islands database ). Currently, there are possibly a few hundred individuals in five occurrences: Ulalena Hill, north of Kawaipapa Gulch, lower Nahiku, Koki Beach, and Piinau Road, all in the lowland wet ecosystem on east Maui (Duvall 2010, in litt.; Hobdy 2010, in litt.). Myrsine vaccinioides (kolea), a shrub in the myrsine family (Myrsinaceae), is found on Maui (Wagner et al. 1999f, p. 946; HBMP 2008). This species was historically known from shrubby bogs near Violet Lake on west Maui (Wagner et al. 1999f, p. 946). In 2005, three occurrences of a few hundred individuals were reported at Eke, Puu Kukui and near Violet Lake (Oppenheimer 2006c, in litt.). Currently, there are estimated to be several hundred, but fewer than 1,000, individuals scattered in the summit area of the west Maui mountains at Eke Crater, Puu Kukui, Honokowai-Honolua, and Kahoolewa, in the montane wet ecosystem (Oppenheimer 2010i, in litt.). Peperomia subpetiolata (alaala wai nui), a perennial herb in the pepper family (Piperaceae), is found on Maui (Wagner et al. 1999g, p. 1035; HBMP 2008). Historically, P. subpetiolata was known only from the lower Waikamoi (Kula pipeline) area on the windward side of Haleakala on east Maui (Wagner et al. 1999g, p. 1,035; HBMP 2008). In 2001, it was estimated that 40 individuals occurred just west of the Makawao-Koolau FR boundary, in the montane wet ecosystem. Peperomia cookiana and P. hirtipetiola also occur in this area, and are known to hybridize with P. subpetiolata (NTBG 2009g, p. 2; Oppenheimer 2010j, in litt.). In 2007, 20 to 30 hybrid plants were observed at Maile Trail, and at three areas near the Waikamoi Flume road (NTBG 2009g, p. 2). Based on the 2007 and 2010 surveys, all known plants are now considered to be hybrids mostly between P. subpetiolata and P. cookiana, with a smaller number of hybrids between P. subpetiolata and P. hirtipetiola (NTBG 2009g, p. 2; Lau 2011, in litt.). Peperomia subpetiolata is recognized as a valid species, and botanists continue to search for plants in its previously known locations as well as in new locations with potentially suitable habitat (NTBG 2009g, p. 2; PEPP 2010, p. 96; Lau 2011, pers. comm.). Phyllostegia bracteata (NCN), a perennial herb in the mint family (Lamiaceae), is found on Maui (Wagner et al. 1999h, pp. 814-815). Historically, this species was known from the east Maui mountains at Ukulele, Puu Nianiau, Waikamoi Gulch, Koolau Gap, Kipahulu, Nahiku-Kuhiwa trail, Waihoi Valley, and Manawainui; and from the west Maui mountains at Puu Kukui and Hanakaoo (HBMP 2008). This species appears to be short-lived, ephemeral, and disturbance-dependent, in the lowland wet, montane mesic, montane wet, subalpine, and wet cliff ecosystems (NTBG 2009h, p. 1). There have been several reported sightings of P. bracteata between 1981 and 2001, at Waihoi Crater Bog, Waikamoi Preserve, Waikamoi flume, and Kipahulu on east Maui, and at Pohakea Gulch on west Maui; however, none of these individuals were extant as of 2009 (PEPP 2009, pp. 89-90). In 2009, one individual was found at Kipahulu, near Delta Camp, on east Maui, but was not relocated on a follow-up survey during that same year (NTBG 2009h, p. 3). Botanists continue to search for P. bracteata in previously reported locations, as well as in other areas with potentially suitable habitat (NTBG 2009h, p. 3; PEPP 2009, pp. 89-90). Phyllostegia haliakalae (NCN), a vine in the mint family (Lamiaceae), is known from Molokai, Lanai, and east Maui (Wagner 1999, p. 269). The type specimen was collected by Wawra in 1869 or 1870, in a dry ravine at the foot of Haleakala. An individual was found in flower on the eastern slope of Haleakala, in the wet cliff ecosystem, in 2009; however, this plant has died (TNC 2007; Oppenheimer 2010b, in litt.). Collections were made before the plant died, and propagules outplanted in the Puu Mahoe Arboretum (three plants) and Olinda Rare Plant Facility (four plants) (Oppenheimer 2011b, in litt.). In addition, this species has been outplanted in the lowland wet, montane wet, and montane mesic ecosystems of Haleakala National Park (HNP 2012, in litt.). Botanists continue to search in areas with potentially suitable habitat for wild individuals of this plant (Oppenheimer 2010b, in litt.). Phyllostegia haliakalae was last reported from the lowland mesic ecosystem on Molokai in 1928, and from the dry cliff and wet cliff ecosystems on Lanai in the early 1900s (TNC 2007; HBMP 2008). Currently no individuals are known in the wild on Maui, Molokai, or Lanai; however, over 100 individuals have been outplanted (HNP 2012, in litt). Phyllostegia pilosa (NCN), a vine in the mint family (Lamiaceae), is known from east Maui (Wagner 1999, p. 274). There are two occurrences totaling seven individuals west of Puu o Kakae on east Maui, in the montane wet ecosystem (TNC 2007; HBMP 2008). The individuals identified as P. pilosa on Molokai, at Kamoku Flats (montane wet ecosystem) and at Mooloa (lowland mesic ecosystem), have not been observed since the early 1900s (TNC 2007; HBMP 2008). Pittosporum halophilum (hoawa), a shrub or small tree in the pittosporum family (Pittosporaceae), is found on Molokai (Wood 2005, pp. 2, 41). This species was reported from Huelo islet, Mokapu Island, Okala Island, and Kukaiwaa peninsula. On Huelo islet, there were two individuals in 1994, and in 2001, only one individual remained (Wood et al. 2001, p. 12; Wood et al. 2002, pp. 18-19). The current status of this species on Huelo islet is unknown. On Mokapu Island, there were 15 individuals in the coastal ecosystem in 2001, and in 2005, 10 individuals remained. On Okala Island, there were two individuals in 2005, and one individual on the sea cliff at Kukaiwaa peninsula (Wainene) (Wood 2005, pp. 2, 41). As of 2010, there were three occurrences totaling five individuals: Three individuals on Mokapu Island, one individual on Okala Island, and one individual on Kukaiwaa peninsula (Bakutis 2010, in litt.; Hobdy 2010, in litt.; Perlman 2010, in litt.). At least 17 individuals have been outplanted at 3 sites on the coastline of the nearby Kalaupapa peninsula (Garnett 2010a, in litt.). Pleomele fernaldii (hala pepe), a tree in the asparagus family (Asparagaceae), is found only on the island of Lanai (Wagner et al. 1999i, p. 1,352; Wagner and Herbst 2003, p. 67). Historically known throughout Lanai, this species is currently found in the lowland dry, lowland mesic, lowland wet, dry cliff, and wet cliff ecosystems, from Hulopaa and Kanoa gulches southeast to Waiakeakua and Puhielelu (St. John 1947, pp. 39-42 cited in St. John 1985, pp. 171, 177-179; HBMP 2006; HBMP 2008; PEPP 2008, p. 75; Oppenheimer 2010d, in litt.). Currently, there are several hundred to perhaps as many as 1,000 individuals. The number of individuals has decreased by about one-half in the past 10 years (there were more than 2,000 individuals in 1999), with very little recruitment observed recently (Oppenheimer 2008d, in litt.). Santalum haleakalae var. lanaiense (iliahi, Lanai sandalwood) is a tree in the sandalwood family (Santalaceae). Currently, S. haleakalae var. lanaiense is known from Molokai, Lanai, and Maui, in 26 occurrences totaling fewer than 100 individuals (Wagner et al. 1999c, pp. 1,221-1,222; HBMP 2008; Harbaugh et al. 2010, pp. 834-835). On Molokai, there are more than 12 individuals in 4 occurrences from Kikiakala to Kamoku Flats and Puu Kokekole, with the largest concentration at Kumueli Gulch, in the montane mesic and lowland mesic ecosystems (Harbaugh et al. 2010, pp. 834-835). On Lanai, there are approximately 10 occurrences totaling 30 to 40 individuals: Kanepuu, in the lowland mesic ecosystem (5 individuals); the headwaters of Waiopae Gulch in the lowland wet ecosystem (3 individuals); the windward side of Hauola on the upper side of Waiopae Gulch in the lowland mesic ecosystem (1 individual); the drainage to the north of Puhielelu Ridge and exclosure, in the headwaters of Lopa Gulch in the lowland mesic ecosystem (3 individuals); 6 occurrences near Lanaihale in the montane wet ecosystem (21 individuals); and the mountains east of Lanai City in the lowland wet ecosystem (a few individuals) (HBMP 2008; Harbaugh et al. 2010, pp. 834-835; HBMP 2010; Wood 2010a, in litt.). On west Maui, there are eight single-individual occurrences: Hanaulaiki Gulch in the lowland dry ecosystem; Kauaula and Puehuehunui Gulches in the lowland mesic, montane mesic, and wet cliff ecosystems; Kahanahaiki Gulch and Honokowai Gulch in the lowland wet ecosystem; Wakihuli in the wet cliff ecosystem; and Manawainui Gulch in the montane mesic and lowland dry ecosystems (HBMP 2008; Harbaugh et al. 2010, pp. 834-835; Wood 2010a, in litt.). On east Maui, there are 4 occurrences (10 individuals) in Auwahi, in the montane mesic, montane dry, and lowland dry ecosystems (TNC 2007; HBMP 2008; Harbaugh et al. 2010, pp. 834-835). Schiedea jacobii (NCN), a perennial herb or subshrub in the pink family (Caryophyllaceae), occurs only on Maui (Wagner et al. 1999j, p. 284). Discovered in 1992, the single occurrence consisted of nine individuals along wet cliffs between Hanawi Stream and Kuhiwa drainage (in Hanawi Natural Area Reserve), in the montane wet ecosystem on east Maui (Wagner et al. 1999j, p. 286). By 1995, only four plants could be relocated in this location. It appeared that the other five known individuals had been destroyed by a landslide (Wagner et al. 1999j, p. 286). In 2004, one seedling was observed in the same location, and in 2010, no individuals were relocated (Perlman 2010, in litt.). The State of Hawaii plans to outplant propagated individuals in a fenced area in Hanawi Natural Area Reserve in 2011 (Oppenheimer 2010a, in litt.; Perlman 2010, in litt.). Schiedea laui (NCN), a perennial herb or subshrub in the pink family (Caryophyllaceae), is found only on Molokai (Wagner et al. 2005b, pp. 90-92). In 1998, when this species was first observed, there were 19 individuals located in a cave along a narrow stream corridor at the base of a waterfall in the Kamakou Preserve, in the montane wet ecosystem (Wagner et al. 2005b, pp. 90-92). By 2000, only 9 individuals with a few immature plants and seedlings were relocated, and in 2006, 13 plants were seen (Wagner et al. 2005b, pp. 90-92; PEPP 2007, p. 57). Currently, there are 24 to 34 individuals in the same location in Kamakou Preserve (Bakutis 2010, in litt.). Schiedea salicaria (NCN), a shrub in the pink family (Caryophyllaceae), occurs on Maui (Wagner et al. 1999j, pp. 519-520). It is historically known from a small area on west Maui, from Lahaina to Waikapu. Currently, this species is found in three occurrences: Kaunoahua gulch (500 to 1,000 individuals), Puu Hona (about 50 individuals), and Waikapu Stream (3 to 5 individuals), in the lowland dry ecosystem on west Maui (TNC 2007; Oppenheimer 2010k, in litt.; Oppenheimer 2010l, in litt.). Hybrids and hybrid swarms (hybrids between parent species, and subsequently formed progeny from crosses among hybrids and crosses of hybrids to parental species) between S. salicaria and S. menziesii are known on the western side of west Maui (Wagner et al. 2005b, p. 138). However, according to Weller (2012, in litt.) the hybridization process is natural when S. salicaria and S. menziesii co-occur and because of the dynamics in this hybrid zone, traits of S. salicaria prevail and replace those of S. menziesii. Weller (2012, in litt.) notes that populations of both species will likely remain distinct because the two species do not overlap throughout much of their range. Stenogyne kauaulaensis (NCN), a vine in the mint family (Lamiaceae), occurs on Maui. This recently described (2008) plant is found only along the southeastern rim of Kauaula Valley, in the montane mesic ecosystem on west Maui (TNC 2007; Wood and Oppenheimer 2008, pp. 544-545). At the time S. kauaulaensis was described, the authors reported a total of 15 individuals in one occurrence. However, one of the authors reports that due to the clonal (genetic duplicate) growth habit of this species, botanists believe it is currently represented by only three genetically distinct individuals (Oppenheimer 2010k, in litt.). Wikstroemia villosa (akia), a shrub or tree in the akia family (Thymelaeaceae), is found on Maui (Peterson 1999, pp. 1,290-1,291). Historically known from the lowland wet, montane wet, and montane mesic ecosystems on east and west Maui, this species is currently known from a recent discovery (2007) of one individual on the windward side of Haleakala (on east Maui), in the montane wet ecosystem (Peterson 1999, p. 1,291; TNC 2007; HBMP 2008). As of 2010, there was one individual and one seedling at the same location (Oppenheimer 2010m, in litt.). In addition, three individuals have been outplanted in Waikamoi Preserve (Oppenheimer 2010m, in litt.). Animals Newcomb's tree snail ( Newcombia cumingi ), a member of the family Achatinellidae and the endemic Hawaiian subfamily Achatinellinae (Newcomb 1853, p. 25), is known only from the island of Maui (Cowie et al. 1995, p. 62). All members of this species have sinistral (left-coiling), oblong, spindle-shaped shells of five to seven whorls that are coarsely sculptured (Cooke and Kondo 1960, pp. 9, 33). Newcomb's tree snail reaches an adult length of approximately 0.8 in (21 mm) and its shell is mottled in shades of brown that blend with the bark of its native host plant, Metrosideros polymorpha (ohia) (Pilsbry and Cooke 1912-1914, p. 10; Thacker and Hadfield 1998, p. 4). The exact life span and fecundity of Newcomb's tree snails is unknown, but they attain adult size within 4 to 5 years (Thacker and Hadfield 1998, p. 2). Newcomb's tree snail is believed to exhibit the low reproductive rate of other Hawaiian tree snails belonging to the same family (Thacker and Hadfield 1998, p. 2). It feeds on fungi and algae that grow on the leaves and trunks of its host plant (Pilsbry and Cooke 1912-1914, p. 103). Historically, this species was distributed from the west Maui mountains (near Lahaina and Wailuku) to the slopes of Haleakala (Makawao) on east Maui (Pilsbry and Cooke 1912-1914, p. 10). In 1994, a small population of Newcomb's tree snail was found on a single ridge on the northeastern slope of the west Maui mountains, in the lowland wet ecosystem (Thacker and Hadfield 1998, p. 3; TNC 2007). Eighty-six snails were documented in the same location in 1998; in 2006, only nine individuals were located; and, in 2012, only one individual was located (Thacker and Hadfield 1998, p. 2; Hadfield 2007, p. 8; Higashino 2013, in litt.). Partulina semicarinata (Lanai tree snail, pupu kani oe), a member of the family Achatinellidae and the endemic Hawaiian subfamily Achatinellinae, is known only from the island of Lanai (Pilsbry and Cooke 1912-1914, p. 86). The shell may coil to the right (dextral) or left (sinistral), but appears to be constant within a population. The oblong to ovate shells of the adult are 0.6 to 0.8 in (16 to 20 mm) long, have 5 to 7 whorls, and range in color from rusty brown to white, with some individuals having bands around the shells. The shell has a distinctive keel that runs along the last whorl, and is more distinctive in juveniles (Pilsbry and Cooke 1912-1914, pp. 86-88). Adults may attain an age exceeding 15 to 20 years, and reproductive output is low, with an adult snail giving birth to 4 to 6 live young per year (Hadfield and Miller 1989, pp. 10-12). Partulina semicarinata is arboreal and nocturnal, and grazes on fungi and algae growing on leaf surfaces (Pilsbry and Cooke 1912-1914, p. 103). This snail species is found on the following native host plants: Metrosideros polymorpha, Broussaisia arguta (kanawao), Psychotria spp. (kopiko), Coprosma spp. (pilo), Melicope spp. (alani), and dead Cibotium glaucum (tree fern, hapuu). Occasionally the snail is found on nonnative plants such as Psidium guajava (guava), Cordyline australis (New Zealand tea tree), and Phormium tenax (New Zealand flax) (Hadfield 1994, p. 2). Historically, P. semicarinata was found in wet and mesic M. polymorpha forests on Lanai. There are no historical population estimates for this snail, but qualitative accounts of Hawaiian tree snails indicates they were widespread and abundant, possibly numbering in the tens of thousands between the 1800s and early 1900s (Hadfield 1986, p. 69). In 1993, 105 individuals of P. semicarinata were found during surveys conducted in its historical range. Subsequent surveys in 1994, 2000, 2001, and 2005 documented 55, 12, 4, and 29 individuals, respectively, in the lowland wet, montane wet, and wet cliff ecosystems in central Lanai (Hadfield 2005, pp. 3-5; TNC 2007). Partulina variabilis (Lanai tree snail, pupu kani oe), a member of the family Achatinellidae and the endemic Hawaiian subfamily Achatinellinae, is known only from the island of Lanai (Pilsbry and Cooke 1912-1914, p. 86). The shell may coil to the right (dextral) or left (sinistral), and both types can be found within a single population. The oblong to ovate shells of the adult are 0.5 to 0.6 in (14 to 16 mm) long, have 5 to 7 whorls, and have a white base color with no bands or a variable number of spiral bands around the shells (Pilsbry and Cooke 1912-1914, pp. 67, 83-86). Adults may attain an age exceeding 15 to 20 years, and reproductive output is low, with an adult snail giving birth to 4 to 6 live young per year (Hadfield and Miller 1989, pp. 10-12). Partulina variabilis is arboreal and nocturnal, and grazes on fungi and algae growing on leaf surfaces (Pilsbry and Cooke 1912-1914, p. 103). This snail is found on the following native host plants: Metrosideros polymorpha, Broussaisia arguta, Psychotria spp., Coprosma spp., Melicope spp., and dead Cibotium glaucum. Occasionally Partulina variabilis is found on nonnative plants such as Psidium guajava and Cordyline australis (Hadfield 1994, p. 2). Historically, Partulina variabilis was found in wet and mesic M. polymorpha forests on Lanai. There are no historical population estimates for this snail, but qualitative accounts of Hawaiian tree snails indicate they were widespread and abundant, possibly numbering in the tens of thousands between the 1800s and early 1900s (Hadfield 1986, p. 69). In 1993, 111 individuals of P.variabilis were found during surveys conducted in its historical range. Subsequent surveys in 1994, 2000, 2001, and 2005 documented 175, 14, 6, and 90 individuals, respectively, in the lowland wet, montane wet, and wet cliff ecosystems in central Lanai (Hadfield 2005, pp. 3-5; TNC 2007). Summary of Comments and Recommendations On June 11, 2012, we published a proposed rule to list 38 Maui Nui species (35 plants and 3 tree snails) as endangered and reevaluate the listing of 2 Maui Nui plant species as endangered throughout their ranges, and to designate critical habitat for 135 species (77 FR 34464). The proposed rule opened a 60-day comment period. On August 9, 2012 (77 FR 47587), we extended the comment period for the proposed rule for an additional 30 days, ending September 10, 2012. We requested that all interested parties submit comments or information concerning the proposed listing and designation of critical habitat for 135 species. We contacted all appropriate State and Federal agencies, county governments, elected officials, scientific organizations, and other interested parties and invited them to comment. In addition, we published a public notice of the proposed rule on June 20, 2012, in the local Honolulu Star Advertiser, Maui Times, and Molokai Dispatch newspapers, at the beginning of the comment period. We received three requests for public hearings. On January 31, 2013, we published a notice (78 FR 6785) reopening the comment period on the June 11, 2012, proposed rule (77 FR 34464), announcing the availability of our draft economic analysis (DEA) on the proposed critical habitat, and requesting comments on both the proposed rule and the DEA. This comment period closed on March 4, 2013. In addition, in that same notice (January 31, 2013; 78 FR 6785) we announced a public information meeting and hearing, which we held in Kihei, Maui, on February 21, 2013. During the comment periods, we received a total of 47 comment letters on the proposed listing of 38 species, reevaluation of listing for 2 species, and proposed designation of critical habitat. For the reasons stated above, in this final rule we address only the comments regarding the proposed listing of 38 species and reevaluation of listing for 2 species. Ten of the 47 letters contained comments on both the proposed listing and proposed designation of critical habitat. Two of the 47 letters contained comments only on the proposed listing of 38 species and reevaluation of listing for 2 species. Three of the four peer reviewers who provided comments commented on the proposed listing of one or more of the 38 species or on the proposed listing and proposed critical habitat designation. One commenter was a State of Hawaii agency (Hawaii Department of Health), one was a Federal agency (Kalaupapa National Historical Park), and eight were nongovernmental organizations or individuals. During the February 21, 2013, public hearing, 25 individuals or organizations made comments on the proposed listing. All substantive information provided during the comment periods related to the listing decisions has either been incorporated directly into this final determination or is addressed below. Information we received related to the proposed critical habitat designation will be addressed in that final rule. Comments received are grouped into general issues specifically relating to the proposed listing status of the 35 plants or the proposed listing status of the 3 tree snails, and are addressed in the following summary and incorporated into the final rule as appropriate. No comments were received regarding the reevaluation of listing for Cyanea grimesiana ssp. grimesiana or Santalam healeakalae var. lanaiense. No comments were received regarding the delisting of Gahnia lanaiensis due to taxonomic error. Peer Review In accordance with our peer review policy published in the Federal Register on July 1, 1994 (59 FR 34270), we solicited expert opinions from 10 knowledgeable individuals with scientific expertise on the Maui Nui plants, snails, and forest birds and their habitats, including familiarity with the species, the geographic region in which these species occur, and conservation biology principles. We received responses from four of the peer reviewers. Of these four peer reviewers, one provided comments only on the proposed critical habitat designation for two endangered forest birds. These comments are not addressed in this final rule, which addresses only the listing of the 38 Maui Nui species (35 plants and 3 tree snails), and the reaffirmation of listing of 2 Maui Nui plant species. Three peer reviewers provided comments on the listing of the 38 Maui Nui species and reevaluation of listing for 2 species. These peer reviewers generally supported our methodology and conclusions. Two reviewers supported the Service's ecosystem-based approach for organizing the rule and for focusing on the actions needed for species conservation and management, and all three reviewers provided new information on one or more of the Maui Nui species, which we incorporated into this final rule. In addition, peer reviewers provided information on citations for published studies on ungulate exclusions and nonnative plant control. We reviewed all comments we received from the peer reviewers for substantive issues and new information regarding the listing of 38 species and reevaluation of the listing of 2 species. Peer reviewer comments are addressed in the following summary and incorporated into the final rule as appropriate. General Peer Review Comments (1) Comment: One peer reviewer noted the absence of a literature cited section for the proposed rule. Our Response: Although not included with the proposed rule itself, information on how to obtain a list of our supporting documentation used was provided in the proposed rule under Public Comments and References Cited (77 FR 34464; June 11, 2012). In addition, lists of references cited in the proposed rule (77 FR 34464; June 11, 2012) and in this final rule are available on the Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-2011-0098, and upon request from the Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT ). (2) Comment: One peer reviewer provided additional information regarding the biogeographical differences between east and west Maui. Our Response: We have included this information in this final rule and corrected statements about the range of annual rainfall on east Maui (Giambelluca et al. 2011), the diversity of vegetation in the mesic and wet ecosystems of east Maui relative to west Maui (Price 2004, p. 493), and the geologic age of the youngest lava flows found within the Cape Kinau region of east Maui (Sherrod et al. 2007, p. 40) (see The Islands of Maui Nui, above). Peer Review Comments on Plants (3) Comment: One peer reviewer suggested that the proposed rule's discussion about invasive plant species did not emphasize a comparison of the wide-ranging level of impacts between the various invasive plant species. Our Response: In the proposed rule, we provided a list of 71 nonnative plant species that have been documented as serious and ongoing threats to 36 of the 40 species proposed or reevaluated for listing throughout their ranges by destroying or modifying habitat. We provided a short description for each of the 71 nonnative plant species that included the best available information on growth form, place of origin, reproductive biology, dispersal, competition with native species, environmental tolerance, and measures for their control in Hawaiian habitats, as well as synergistic impacts with other habitat modifying threat factors such as nonnative ungulates, agricultural development, and fire. In addition, we identified the nonnative plant species documented as threats in each of the 10 ecosystems. Finally, we identified each species that is considered invasive by one or more of the following sources: Hawaii-Pacific Weed Risk Assessment, U.S. Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) plant database (2011), or the Hawaii State noxious weed list (H.A.R. Title 4, Subtitle 6, Chapter 68). Therefore, we believe the information we provided in the proposed rule adequately emphasizes a comparison of the wide-ranging level of impacts between the various invasive plant species. (4) Comment: One peer reviewer suggested that we understated the seriousness of the effects of the invasive plant species Blechnum appendiculatum and provided additional information about the ecology of this species to better illustrate its impacts. Our Response: We appreciate the information provided for the invasive plant Blechnum appendiculatum and have included it in our final rule (see Summary of Changes From Proposed Rule, below). (5) Comment: One peer reviewer recommended that we include, where applicable, further elaboration on the synergistic interactions between nonnative plants and animals, and global climate change, and their confluent impacts upon native habitats described in the proposed rule. Our Response: We discuss the synergistic effects of climate change and nonnative species under “Habitat Destruction and Modification by Climate Change” and “Summary of Habitat Destruction and Modification,” below; however, the magnitude and intensity of the impacts of global climate change and increasing temperatures on native Hawaiian ecosystems are unknown at this time. (6) Comment: Although drought was not identified as a threat to Schiedea laui in our proposed rule, one peer reviewer suggested that it may also be a threat to this species. According to the reviewer, between 1998 and 2000, 7 of the 16 known mature individuals died from prolonged drought. In addition, the reviewer suggested that drought should be considered a threat to S. salicaria as it exacerbates the likelihood of fire, which is identified as a threat to this species. Our Response: Drought was indicated as a threat to Schiedea laui with the observation of the extirpation of 7 of the 16 individuals by 2000 in Wagner et al. (2005b); however, we have information from more recent botanical surveys and observations that the current threats to individuals at this location are flooding and landslides (MNTF 2010). In the long term, drought may be a threat if this species is dependent upon the constant water source provided at the grotto in which it occurs, and annual precipitation amounts fall due to weather changes associated with the global warming trend. Also, we agree that drought can lead to increased incidences of wildfire, especially in the area of west Maui where S. salicaria occurs. We appreciate the information provided by the reviewer and have incorporated it, as appropriate, into TABLE 4—SUMMARY OF PRIMARY THREATS IDENTIFIED FOR EACH OF THE 40 MAUI NUI SPECIES and “Habitat Destruction and Modification Due to Landslides, Rockfalls, Treefalls, Flooding, and Drought” in this final rule (see below). (7) Comment: One peer reviewer noted that our proposed rule states that nonnative plants in the lowland mesic ecosystem and the lowland dry ecosystem are a threat to the plant Schiedea salicaria. According to the reviewer, S. salicaria is usually found in lowland dry habitats, not in lowland mesic habitat. Our Response: In our proposed rule, Schiedea salicaria is reported from three occurrences in the lowland dry ecosystem on west Maui (77 FR 34464, Table 2C and p. 34481; June 11, 2012). This species was included as one of the proposed species affected by nonnative plants in the lowland mesic ecosystem (see “Nonnative Plants in the Lowland Mesic Ecosystem” in the proposed rule) in error. We appreciate the correction. (8) Comment: One peer reviewer corrected our description of hybrid swarms in the discussion of the proposed plant Schiedea salicaria to say that a hybrid swarm consists of hybrids between parent species, and subsequently formed progeny from crosses among hybrids and crosses of hybrids to parental species. While this process is noted as a threat to S. salicaria in Table 3 and in Proposed Determination for 40 Species in our proposed rule, the reviewer points out that the hybridization process is natural when S. salicaria and S. menziesii co-occur and because of the dynamics in this hybrid zone, traits of S. salicaria prevail and replace those of S. menziesii. The reviewer notes, however, that populations of both species will likely remain distinct because the two species do not overlap throughout much of their range. Our Response: We appreciate the peer reviewer's comments and have added that the traits of Schiedea salicaria prevail and replace those of S. menziesii in hybrid zones (see Description of the 40 Maui Nui Species, above). In addition, we have removed hybridization as a threat to S. salicaria in this final rule; however, wildfires could possibly adversely impact the remaining non-hybridizing occurrences of S. salicaria on west Maui (see “Habitat Destruction and Modification by Fire,” below). (9) Comment: One peer reviewer suggested that we highlight the positive interactions between drought and nonnative plant species, to the detriment of native plant species, in our discussion of “Climate Change and Precipitation.” According to this reviewer, these effects may be subtle, as demonstrated by Blechnum appendiculatum (see Comment 4, above), or dramatic, as demonstrated during a fire on west Maui that occurred in the area of the two largest populations of Schiedea salicaria, and likely spread rapidly due to the presence of invasive nonnative grasses and drought conditions. Our Response: We agree that in the Hawaiian Islands there is a positive correlation between drought (caused by a reduction in moisture availability due to long periods of decline in annual precipitation), the presence of nonnative plants (particularly fire-prone grasses), and wildfire. We discuss the effects of the grass/fire cycle and the contribution to this cycle by drying trends caused by global warming (see “Habitat Destruction and Modification by Fire,” and “Climate Change and Precipitation,” below). (10) Comment: One peer reviewer suggested that our discussion of the effects of the nonnative grass Pennisetum setaceum ( Cenchrus setaceus; fountain grass) on dry forests on Hawaii Island should include direct competition with native species in addition to the threat it poses to native habitat from wildfires. Our Response: The peer reviewer is referring to our discussion of “Habitat Destruction and Modification by Fire.” In that discussion, we note that on a post-burn survey at Puu Waawaa on Hawaii Island no regeneration of native canopy plants was occurring within the burn area. According to Takeuchi (1991, pp. 4, 6) nonnative Pennisetum sp. increased the number of fires and suppressed the establishment of native plants after a fire. We appreciate the additional information provided by the reviewer, including citations for published articles on the effects of nonnative fountain grass on wildfire and competition with native plant species, and we have added the information to our final rule (see “Habitat Destruction and Modification by Fire,” below). (11) Comment: One peer reviewer noted that the discussion on invasive plant species did not include sufficient information regarding those species for which the State of Hawaii has introduced biological control agents. The peer reviewer specifically highlighted four invasive plants, Psidium cattleianum (strawberry guava), Clidemia hirta (Koster's curse), Hedychium gardnerianum (kahili ginger), and Cyathea cooperi ( Sphaeropteris cooperi, Australian tree fern) and suggested that we include further discussion on the potential importance of biocontrol in addressing the very severe threats posed by these otherwise intractable invasive plant species. Our Response: We agree that the use of biological control is a significant contribution to a multi-layered approach at management of the various nonnative plants threatening Hawaiian native flora. Between 1902 and 2010, approximately 84 insect and fungal agents have been introduced in Hawaii to control approximately 24 target nonnative plants (Conant et al. [in press], pp. 1-2, 15-19). Approximately 42 of these biological control agents are established in the Hawaiian Islands, and 12 of these have demonstrated substantial effects (i.e., the targeted nonnative plant species have been suppressed over a large portion of their ranges) toward control of their intended nonnative plant target, including Ageratina adenophora (Maui pamakani), A. riparia (Hamakua pamakani), and Lantana camara (lantana) (McFadyen 2000, pp. 4-7; Conant et al. [in press], pp. 1-2, 15-19). These three nonnative plants pose serious and ongoing threats to habitat in six of the ecosystems (lowland dry, lowland wet, montane mesic, montane wet, dry cliff, and wet cliff), that support one or more of the 40 species addressed in this final rule (see “Habitat Destruction and Modification by Nonnative Plants” in the June 11, 2012 (77 FR 34464), proposed rule). The Service remains cautiously optimistic about the use of biological control agents as a potentially significant contribution to a multi-layered approach to management of the various nonnative plants threatening Hawaiian native flora, including the recent introductions to control the ubiquitous, nonnative strawberry guava that poses a serious and ongoing threat to habitat in five of the ecosystems (lowland mesic, lowland wet, montane dry, montane mesic, and montane wet) that support one or more of the 40 species addressed in this final rule (see “Habitat Destruction and Modification by Nonnative Plants” in the June 11, 2012 (77 FR 34464), proposed rule). However, the lack of post-introduction monitoring for most past introductions is of concern, and the largely anectodal evaluations of past introductions precludes our ability to sufficiently evaluate and conjecture, upon their long-term success. Peer Review Comment on Lanai Tree Snails (12) Comment: One peer reviewer recommended additional emphasis on the impacts of axis deer and mouflon sheep upon the habitat of the snails. The reviewer stated that the feeding and trampling activities of these ungulates removes the fern and vegetation layer around the snails' host trees, so that dispersal of snails between host substrates is either prevented or greatly reduced. Our Response: We agree with the peer reviewer that the feeding and trampling activities of ungulates removes the fern and vegetation layer around the snails' host trees, and we have included information regarding the impact of axis deer and mouflon sheep upon the habitat of the Lanai tree snails in this final rule (see TABLE 4-SUMMARY OF PRIMARY THREATS IDENTIFIED FOR EACH OF THE 40 MAUI NUI SPECIES and “Habitat Destruction and Modification by Introduced Ungulates,” below). Comments From the State of Hawaii (13) Comment: The Hawaii Department of Health stated that they had no comments on the proposed rule but reserved the right to future comments. In addition, their letter directed us to their Standard Comments on their Web site ( http://www.hawaii.gov/health/environmental/env-planning/landuse/landuse.html ) and stated that any comments specifically applicable to our proposed rule should be adhered to. Our Response: We reviewed the Department of Health's Web site, and specifically the Landuse Planning Review Program, and determined that the Standard Comments referred to above do not apply to our June 11, 2012, proposed rulemaking or to this final rule. Standard Comments provided by the seven environmental programs (Hazard Evaluation and Emergency Response Office, Clean Air Branch, Clean Water Branch, Safe Drinking Water Branch, Solid and Hazardous Waste Branch, Wastewater Branch, and Indoor and Radiological Health Branch) within the Hawaii Department of Health are intended to help developers to better prepare land use planning documents such as environmental assessments, environmental impact statements, or permit applications. Comments From Federal Agencies Haleakala National Park (Park) provided information on one or more of the 37 plant species addressed in this final rule which occur in the Park, and this information was incorporated, as appropriate, into Description of the 40 Maui Nui Species, above. (14) Comment: Kalaupapa National Historical Park (KNHP) agreed with and supported the ecosystem-based approach in our June 11, 2012, proposed rule, for grouping plants and defining their habitat consistently. According to KNHP, this approach will aid the management of endangered and threatened plants as part of the collection of native communities across the landscape. Descriptions of individual listed species, habitat, and threats will be a good resource to managers and will serve as a basis for planning future conservation measures. The proposed listing of the “rarest of the rare” PEPP [Plant Extinction Prevention Program] species will provide a benefit to the National Park Service by improving their ability to gain funds for the protection, propagation, and outplanting of these rare plants. Improved funding will help with KNHP's ongoing collaboration with partners, including the Molokai Plant Extinction Prevention Program and The Nature Conservancy. Our Response: We appreciate the Park's comments regarding the proposal to list the 38 Maui Nui species and to reevaluate the listing of 2 species. We agree that using an ecosystem-based approach to organize this rule will help provide for more focused conservation efforts and concerted management efforts to address the common threats that occur across these ecosystems. Public Comments on the Proposed Listing of 38 Species and Reevaluation of Listing of 2 Species (15) Comment: One commenter stated that much of the referenced material is not available for public review. The commenter further stated that reliance on certain “unpublished, non-public data deprives the public of the opportunity to review and comment on the basis for the Service's asserted justification in the proposed rule.” According to the commenter, “such action is arbitrary, capricious and an abuse of the Service's discretion, otherwise not in accordance with law, in excess of statutory jurisdiction, authority, or limitations, and short of statutory right, without observance of procedure required by law; and unsupported by substantial evidence.” Our Response: See also Comment (1) Response, above. Complete lists of references, including unpublished information, cited in the proposed rule (77 FR 34464; June 11, 2012) and in this final rule are available on the Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-2011-0098, and upon request from the Pacific Islands Fish and Wildlife Office (see ADDRESSES, above). In addition, as stated in our proposed rule, all supporting documentation used in preparing the proposed rule was available upon request and for public inspection, by appointment, at the U.S. Fish and Wildlife Service Pacific Islands Fish and Wildlife Office. All supporting documentation used in our rulemakings is a matter of public record; however, the number of sources referenced are often voluminous or subject to copyright restrictions. Therefore, it is not possible for us to post all information sources used on the Internet. However, any of our supporting references cited in this or any rulemaking are always available upon request. (16) Comment: One commenter objected to the proposed listing of the two Lanai tree snails, Partulina semicarinata and Partulina variabilis, because, in their view, the Service does not have sufficient information regarding the historical population estimates and the lack of comprehensive surveys. The commenter disagreed with our determination in the proposed rule that these tree snails are “vulnerable to extinction due to threats associated with low number of individuals and populations” (77 FR 34507; June 11, 2012). Our Response: Under the Act, we determine whether a species is an endangered species or a threatened species because of any of five factors (see Summary of Factors Affecting the 40 Maui Nui Species, below), and we are required to make listing determinations solely on the basis of the best available scientific and commercial data available (see 16 U.S.C. 1533(a)(1) and (b)(1)(A)). The threats to the two Lanai tree snail species, as well as other endangered tree snails in the Hawaiian Islands, are well-documented (see Summary of Factors Affecting the 40 Maui Nui Species, below). Although there are no historical population estimates for these two tree snails, qualitative accounts of Hawaiian tree snails indicate they were widespread and abundant, possibly numbering in the tens of thousands between the 1800s and early 1900s (Hadfield 1986, p. 69). However, the best available survey information, conducted between 1993 and 2005, indicates that currently Partulina semicarinata and Partulina variabilis total fewer than 120 individuals on Lanai (Hadfield 2005, pp. 3-5). Based on the information regarding the current status of the species and ongoing threats to the remaining few individuals, we have determined that these species are presently in danger of extinction; definitive quantitative data regarding historical population numbers are not necessary to make this determination. The problems associated with small population size (e.g., inbreeding depression for snails) and vulnerability to random demographic fluctuations or natural catastrophes are magnified by synergistic interactions with other threats (e.g., predation by nonnative rats or habitat destruction or modification by nonnative ungulates). Therefore, we disagree with the commenter, and believe these two tree snail species are vulnerable to extinction due to their low number of individuals and populations. (17) Comment: Several commenters noted the threat of deer and goats to Canavalia pubescens throughout its range on Maui, with specific impacts to populations on the Palauea lava flow and Ahihi-Kinau. The commenters also recommended that fenced areas and regular monitoring are necessary to protect this species from the threat of ungulates in these areas. Our Response: We agree that deer and goats constitute a threat to the coastal and lowland dry ecosystems in which Canavalia pubescens is known to occur (see “Habitat Destruction and Modification by Introduced Ungulates,” below). In this final rule, we noted the destruction of Canavalia pubescens at Ahihi-Kinau Natural Area Reserve in 2010 (see Description of the 40 Maui Nui Species, above) and acknowledge the threat of herbivory by deer and goats on Canavalia pubescens (see “Introduced Ungulates” in Disease or Predation, below). (18) Comment: Several commenters noted the occurrence of Canavalia pubescens or awikiwiki on lands owned by Honuaula Partners. Our Response: We appreciate this information and note that information in our files indicates that Canavalia pubescens or awikiwiki occurs in this area. Summary of Changes From Proposed Rule In preparing this final rule, we reviewed and fully considered comments from the public on the proposed listing for 38 species and reevaluation of listing for 2 species. This final rule incorporates the following substantive changes to our proposed listing, based on the comments we received: (1) We added the montane mesic ecosystem to the listed plant Phyllostegia haliakalae in the following locations in this final rule: Description of the 40 Maui Nui Species (above), Table 3 (above), and Table 4 (below), based on comments we received. (2) We are revising the specific negative impacts of the nonnative plant Blechnum appendiculatum as follows, based on peer review comments: Blechnum appendiculatum (NCN) is a fern with fronds to 23 in (60 cm) long that forms large colonies, outcompeting many native fern species (Palmer 2003, p. 81). This species is far more drought tolerant than native fern species. It forms thick mats that prevent regeneration from seeds of native species, and appears to successfully outcompete native ferns. All of these attributes compound the effects of the presence of this nonnative fern on native habitat (Weller et al. 2011, pp. 676-677). (3) We added drought as a threat to the listed plants Canavalia pubescens and Schiedea salicaria in the following locations in this final rule: Table 4 and “Habitat Destruction and Modification Due to Landslides, Rockfalls, Treefalls, Flooding, and Drought,” below, based on comments we received. Status Assessment for the 40 Maui Nui Species Summary of Factors Affecting the 40 Maui Nui Species Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations (50 CFR part 424) set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a)(1) of the Act: (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; and (E) other natural or manmade factors affecting its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination. Each of these factors is discussed below. In considering what factors might constitute threats to a species we must look beyond the exposure of the species to a particular factor to evaluate whether the species may respond to that factor in a way that causes actual impacts to the species. If there is exposure to a factor and the species responds negatively, the factor may be a threat and, during the status review, we attempt to determine how significant a threat it is. The threat is significant if it drives, or contributes to, the risk of extinction of the species such that the species warrants listing as endangered or threatened as those terms are defined in the Act. However, the identification of factors that could impact a species negatively may not be sufficient to warrant listing the species under the Act. The information must include evidence sufficient to show that these factors are operative threats that act on the species to the point that the species meets the definition of endangered or threatened under the Act. If we determine that the level of a threat posed to a species by one or more of the five listing factors is such that the species meets the definition of either endangered or threatened under section 3 of the Act, that species may then be listed as endangered or threatened. The Act defines an endangered species as “in danger of extinction throughout all or a significant portion of its range,” and a threatened species as “likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” The threats to each of the individual 40 Maui Nui species are summarized in Table 4, and discussed in detail below. Assumptions We acknowledge that the specific nature of the threats to the individual species in this final rule are not completely understood. Scientific research directed toward each of the 40 species is limited because of their rarity and the challenging logistics associated with conducting field work in Hawaii (e.g., areas are typically remote, difficult to access and work in, and expensive to survey in a comprehensive manner). However, there is information available on many of the threats that act on Hawaiian ecosystems, and, for some ecosystems, these threats are well studied and understood. Each of the native species that occurs in Hawaiian ecosystems suffers from exposure to those threats. For the purposes of our listing determination, our assumption is that the threats that act at the ecosystem level also act on each of the species that occurs in those ecosystems (although in some cases we have additionally identified species-specific threats, such as predation by nonnative invertebrates). The following constitutes a list of ecosystem-level threats that affect the 40 species in 10 ecosystems on the islands of Maui Nui: (1) Foraging and trampling of native plants by ungulates, including feral pigs ( Sus scrofa ), goats, cattle ( Bos taurus ), axis deer ( Axis axis ), or mouflon sheep ( Ovis gmelini musimon ), which can result in severe erosion of watersheds because these mammals inhabit terrain that is often steep and remote (Cuddihy and Stone 1990, p. 63). Foraging and trampling events destabilize soils that support native plant communities, bury or damage native plants, and have adverse water quality effects due to runoff over exposed soils. (2) Disturbance of soils by feral pigs from rooting, which can create fertile seedbeds for alien plants (Cuddihy and Stone 1990, p. 65). (3) Increased nutrient availability as a result of pigs rooting in nitrogen-poor soils, which facilitates establishment of alien weeds. Alien weeds are more adapted to nutrient rich soils than native plants (Cuddihy and Stone 1990, p. 63), and rooting activity creates open areas in forests allowing alien species to completely replace native stands. (4) Ungulate destruction of seeds and seedlings of native plant species (Cuddihy and Stone 1990, p. 63), which facilitates the conversion of disturbed areas from native to nonnative vegetative communities. (5) Rodent damage to plant propagules, seedlings, or native trees, which changes forest composition and structure (Cuddihy and Stone 1990, p. 67). (6) Feeding or defoliation of native plants from alien insects, which can reduce geographic ranges of some species because of damage (Cuddihy and Stone 1990, p. 71). (7) Alien insect predation on native insects, which affects pollination of native plant species (Cuddihy and Stone 1990, p. 71). (8) Significant changes in nutrient cycling processes because of large numbers of alien invertebrates such as earthworms, ants, slugs, isopods, millipedes, and snails, resulting in changes to the composition and structure of plant communities (Cuddihy and Stone 1990, p. 73). Each of the above threats is discussed in more detail below, and summarized in Table 4. BILLING CODE 4310-55-P ER28MY13.001 ER28MY13.002 ER28MY13.003 ER28MY13.004 ER28MY13.005 ER28MY13.006 ER28MY13.007 ER28MY13.008 ER28MY13.009 BILLING CODE 4310-55-C A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range The Hawaiian Islands are located over 2,000 mi (3,200 km) from the nearest continent. This isolation has allowed the few plants and animals that arrived in the Hawaiian Islands to evolve into many highly varied and endemic species (species that occur nowhere else in the world). The only native terrestrial mammals in the Hawaiian Islands are two bat taxa, the extant Hawaiian hoary bat ( Lasiurus cinereus semotus ) and an extinct, unnamed insectivorous bat (Ziegler 2002, p. 245). The native plants of the Hawaiian Islands, therefore, evolved in the absence of mammalian predators, browsers, or grazers. Many of the native species have lost unneeded defenses against threats such as mammalian predation and competition with aggressive, weedy plant species that are typical of continental environments (Loope 1992, p. 11; Gagne and Cuddihy 1999, p. 45; Wagner et al. 1999l, pp. 3-6). For example, Carlquist (in Carlquist and Cole 1974, p. 29) notes “Hawaiian plants are notably free from many characteristics thought to be deterrents to herbivores (toxins, oils, resins, stinging hairs, coarse texture).” Native Hawaiian plants are therefore highly vulnerable to the impacts of introduced mammals and alien plants. In addition, species restricted and adapted to highly specialized locations (e.g., Calamagrostis hillebrandii ) are particularly vulnerable to changes (from nonnative species, hurricanes, fire, and climate change) in their habitat (Carlquist and Cole 1974, pp. 28-29; Loope 1992, pp. 3-6; Stone 1989, pp. 88-95). Habitat Destruction and Modification by Agriculture and Urban Development The consequences of past land use practices such as agricultural or urban development have resulted in little or no native vegetation below 2,000 ft (600 m) throughout the Hawaiian Islands (TNC 2007), largely impacting the coastal, lowland dry, lowland mesic, and lowland wet ecosystems. Although agriculture has been declining in importance, large tracts of former agricultural lands are being converted into residential areas or left fallow (TNC 2007). In addition, Hawaii's population increased almost 7 percent in the past 10 years, further increasing demands on limited land and water resources in the islands (Hawaii Department of Business, Economic Development and Tourism 2010). Development and urbanization of coastal and lowland dry ecosystems on Maui are a serious threat to one species in this final rule, Canavalia pubescens, which is dependent on these ecosystems and is currently found only in east Maui. Two individuals at Palauea-Keahou were destroyed by development prior to 2001 (Oppenheimer 2000, in litt.). Future development plans for this area include a golf course and associated infrastructure, and housing (Altenberg 2007, p. 2-5; Greenlee 2013, in litt.). Although fewer than 20 individuals were known in this area as recently as 2010, no individuals have been found in site visits over the last 2 years (Altenberg 2010, in litt.; Greenlee 2013, in litt.). Habitat Destruction and Modification by Introduced Ungulates Introduced mammals have greatly impacted the native vegetation, as well as the native fauna, of the Hawaiian Islands. Impacts to the native species and ecosystems of Hawaii accelerated following the arrival of Captain James Cook in 1778. The Cook expedition and subsequent explorers intentionally introduced a European race of pigs or boars and other livestock, such as goats, to serve as food sources for seagoing explorers (Tomich 1986, pp. 120-121; Loope 1998, p. 752). The mild climate of the islands, combined with the lack of competitors or predators, led to the successful establishment of large populations of these introduced mammals, to the detriment of native Hawaiian species and ecosystems. The presence of introduced alien mammals is considered one of the primary factors underlying the alteration and degradation of native plant communities and habitats on Molokai, Lanai, and Maui. Ten ecosystems (coastal, lowland dry, lowland mesic, lowland wet, montane dry, montane mesic, montane wet, subalpine, dry cliff, and wet cliff) on Molokai, Lanai, and Maui and their associated species are currently impacted by threats of the destruction or degradation of habitat due to nonnative ungulates (hoofed mammals), including pigs, goats, axis deer, mouflon, and cattle. Thirty-five of the 37 plant species and both species of Partulina tree snails ( Partulina semicarinata and P. variabilis ) in this final rule are exposed to direct and indirect negative impacts of feral ungulates (pigs, goats, axis deer, mouflon, and cattle), which result in the destruction and degradation of habitat for these native Maui Nui species (Table 4). Pigs have been described as the most pervasive and disruptive nonnative influence on the unique native forests of the Hawaiian Islands, and are widely recognized as one of the greatest current threats to forest ecosystems in Hawaii (Aplet et al. 1991, p. 56; Anderson and Stone 1993, p. 195). European pigs, introduced to Hawaii by Captain James Cook in 1778, hybridized with domesticated Polynesian pigs, became feral, and invaded forested areas, especially wet and mesic forests and dry areas at high elevations. The Hawaii Territorial Board of Agriculture and Forestry started a feral pig eradication project in the early 1900s that continued through 1958, removing 170,000 pigs from forests Statewide (Diong 1982, p. 63). Feral pigs are currently present on Niihau, Kauai, Oahu, Molokai, Maui, and Hawaii. These feral animals are extremely destructive and have both direct and indirect impacts on native plant communities. While rooting in the earth in search of invertebrates and plant material, pigs directly impact native plants by disturbing and destroying vegetative cover, and trampling plants and seedlings. It has been estimated that at a conservative rooting rate of 2 square (sq)-yards (yd) per minute, with only 4 hours of foraging a day, a single pig could disturb over 1,600 sq-yd of groundcover per week (Anderson et al. 2007, p. 2). Pigs may also reduce or eliminate plant regeneration by damaging or eating seeds and seedlings (further discussion of predation by nonnative ungulates is provided under Factor C, below). Pigs are a major vector for the establishment and spread of competing invasive nonnative plant species by dispersing plant seeds on their hooves and fur, and in their feces (Diong 1982, pp. 169-170), which also serves to fertilize disturbed soil (Matson 1990 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-12105. Public record. Not legal advice.