# Endangered and Threatened Wildlife and Plants; Endangered Status for 49 Species From the Hawaiian Islands

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-23112

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** September 30, 2016
- **Citation:** 81 FR 67786

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2015-0125; 4500030113]
RIN 1018-BB07
Endangered and Threatened Wildlife and Plants; Endangered Status for 49 Species From the Hawaiian Islands

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 10 animal species, including the Hawaii DPS of the band-rumped storm-petrel (
Oceanodroma castro
), the orangeblack Hawaiian damselfly (
Megalagrion xanthomelas
), the anchialine pool shrimp (
Procaris hawaiana
), and seven yellow-faced bees (
Hylaeus anthracinus, H. assimulans,

H. facilis, H. hilaris,

H. kuakea, H. longiceps,
and
H. mana
), and for 39 plant species from the Hawaiian Islands. This rule adds these species to the Federal Lists of Endangered and Threatened Wildlife and Plants.

DATES:

This rule is effective October 31, 2016.

ADDRESSES:

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

FOR FURTHER INFORMATION CONTACT:

Mary M. Abrams, Ph.D., Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Honolulu, HI 96850; telephone 808-792-9400; or facsimile 808-792-9581. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule.
Under the Endangered Species Act (Act), a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule. Critical habitat is to be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act.

This rule
makes final the listing of 10 animal species (the Hawaii DPS of the band-rumped storm-petrel (
Oceanodroma castro
), the orangeblack Hawaiian damselfly (
Megalagrion xanthomelas
), the anchialine pool shrimp (
Procaris hawaiana
), and seven yellow-faced bees (
Hylaeus anthracinus, H. assimulans,

H. facilis, H. hilaris,

H. kuakea, H. longiceps,
and
H. mana
)), and 39 plant species (
Asplenium diellaciniatum
(no common name, NCN),
Calamagrostis expansa
(Maui reedgrass),
Cyanea kauaulaensis
(NCN),
Cyclosorus boydiae
(kupukupu makalii),
Cyperus neokunthianus
(NCN),
Cyrtandra hematos
(haiwale),
Deparia kaalaana
(NCN),
Dryopteris glabra
var.
pusilla
(hohiu),
Exocarpos menziesii
(heau),
Festuca hawaiiensis
(NCN),
Gardenia remyi
(nanu),
Huperzia stemmermanniae
(NCN),
Hypolepis hawaiiensis
var.
mauiensis
(olua),
Joinvillea ascendens
ssp.
ascendens
(ohe),
Kadua fluviatilis
(kamapuaa),
Kadua haupuensis
(NCN),
Labordia lorenciana
(NCN),
Lepidium orbiculare
(anaunau),
Microlepia strigosa
var.
mauiensis
(NCN),
Myrsine fosbergii
(kolea),
Nothocestrum latifolium
(aiea),
Ochrosia haleakalae
(holei),
Phyllostegia brevidens
(NCN),
Phyllostegia helleri
(NCN),
Phyllostegia stachyoides
(NCN),
Portulaca villosa
(ihi),
Pritchardia bakeri
(Baker's loulu),
Pseudognaphalium sandwicensium
var.
molokaiense
(enaena),
Ranunculus hawaiensis
(makou),
Ranunculus mauiensis
(makou),
Sanicula sandwicensis
(NCN),
Santalum involutum
(iliahi),
Schiedea diffusa
ssp.
diffusa
(NCN),
Schiedea pubescens
(maolioli),
Sicyos lanceoloideus
(anunu),
Sicyos macrophyllus
(anunu),
Solanum nelsonii
(popolo),
Stenogyne kaalae
ssp.
sherffii
(NCN), and
Wikstroemia skottsbergiana
(akia), as endangered species.

Delineation of critical habitat requires identification of the physical or biological features essential to the species' conservation. A careful assessment of the biological needs of the species and the areas that may have the physical or biological features essential for the conservation of the species and that may require special management considerations or protections, and thus qualify for designation as critical habitat, is required. We require additional time to analyze the best available scientific data in order to identify specific areas appropriate for critical habitat designation and to analyze the impacts of designating such areas as critical habitat. Accordingly, we find designation of critical habitat to be “not determinable” at this time.

The basis for our action.
Under the Act, we can determine that a species is an endangered or threatened species 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 these 49 species are experiencing population-level impacts as the result of the following current and ongoing threats:

• Habitat loss and degradation due to urbanization; nonnative feral ungulates (hoofed mammals,
e.g.,
pigs, goats, axis deer, black-tailed deer, mouflon, and cattle); nonnative plants; wildfire; and water extraction.

• Predation or herbivory by nonnative feral ungulates, rats, slugs, bullfrogs, Jackson's chameleons, ants, and wasps.

• Stochastic events such as landslides, flooding, drought, tsunami, and hurricanes.

• Human activities such as recreational use of anchialine pools, dumping of nonnative fish and trash into anchialine pools, and manmade structures and artificial lighting.

• Vulnerability to extinction due to small numbers of individuals and occurrences and lack of regeneration.

• Competition with nonnative plants and nonnative invertebrates.

Existing regulatory mechanisms and conservation efforts are not adequate to ameliorate the impacts of these threats on any of the 49 species such that listing is not warranted. Environmental effects from climate change are likely to exacerbate the impacts of these threats.

Peer review and public comment.
We sought comments from independent specialists to ensure that our designation is based on scientifically sound data, assumptions, and analyses. We invited these peer reviewers to comment on our listing proposal. We also considered all comments and information we received during two comment periods, including at one public hearing.

Previous Federal Actions

Please refer to the proposed listing rule for the 49 species from the Hawaiian Islands (80 FR 58820; September 30, 2015) for a detailed description of previous Federal actions concerning these species.

Summary of Comments and Recommendations

On September 30, 2015, we published a proposed rule to list 49 species (39 plants and 9 animals) from the Hawaiian Islands as endangered throughout their ranges and the Hawaii population (distinct population segment (DPS)) of the band-rumped storm-petrel as endangered (80 FR 58820). The comment period for the proposed rule lasted 60 days, ending November 30, 2015 We published a public notice of the proposed rule in the local Honolulu Star Advertiser, West Hawaii Today, Hawaii Tribune-Herald, Molokai Dispatch, The Maui News, and The Garden Island newspapers at the beginning of the comment period. We received two requests for a public hearing. On January 22, 2016 (81 FR 3767), we reopened the comment period for an additional 30 days, ending on February 22, 2016, and we announced a public meeting and public hearing for the proposed rule. We again published a public notice in local newspapers and provided the public notice to local media. For both comment periods, we requested that all interested parties submit comments or information concerning the proposed listing of the 49 species. We contacted all appropriate State and Federal agencies, county governments, elected officials, scientific organizations, and other interested parties and invited them to comment. The public meeting and hearing were held in Hilo, Hawaii, on February 9, 2016.

During the comment periods, we received a total of 41 unique public comment letters (including comments received at the public hearing) on the proposed listing of the 49 species. Of the 41 commenters, 21 were peer reviewers, 3 were Federal agencies (Hawaii Volcanoes National Park, Haleakala National Park, and Kaloko-Honokohau and Puuhonua o Honaunau National Historical Parks (NHPs)), 4 were State of Hawaii agencies (Hawaii Department of Health, Hawaii Department of Land and Natural Resources Division of Aquatic Resources, Hawaii Division of Forestry and Wildlife, and Hawaii Department of Hawaiian Home Lands), and 13 were nongovernmental organizations or individuals (including those who provided comments or testimony at the public hearing). The National Park Service (NPS) provided new information about the numbers and range of species in this rule that occur on NPS lands, and about graduate research on the orangeblack Hawaiian damselfly. We appreciate the time and effort taken by all commenters to submit their views and information, and we have incorporated all substantive new information,
e.g.,
from the National Park Service, into this final rule. However, we received some comments from the public on the possible future designation of critical habitat and on a variety of other topics. To the extent that comments do not pertain to the proposed listing rule, we do not address them in this final rule. In this final rule, we address only those comments relevant to the listing of the 49 species from the Hawaiian Islands.

All substantive information related to the listing action provided during the comment periods has either been incorporated directly into this final rule, or is addressed below. For readers' convenience, we have combined similar comments into a single comment and response.

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 29 knowledgeable individuals with scientific expertise on one or more of the 49 Hawaiian Islands species, which include 39 plants, a seabird, a damselfly, an anchialine pool shrimp, and seven yellow-faced bees, and their habitats. This expertise also included familiarity with the geographic region in which these species occur and conservation biology principles. We received responses from 21 of these individuals. We reviewed all comments we received from the peer reviewers for substantive issues and new information regarding the 49 species. Of these 21 peer reviewers, 18 provided comments or new information on one or more of the 49 species. Ten peer reviewers stated support for the proposed listing, and 11 were neutral regarding the proposed listing. These peer reviewers generally supported our methodology and conclusions. Peer reviewer comments are either addressed below or are incorporated into this final rule as appropriate.

(1)
Comment:
One peer reviewer stated that sea-level rise and coastal inundation collectively are also potential future threats to the welfare of
Procaris hawaiana,
because they may cause further loss of anchialine pool habitat.

Our Response:
We have added sea-level rise and coastal inundation as threats to
P. hawaiana
and its habitat under the discussion in this rule titled “Climate Change” (
Factor E. Other Natural or Manmade Factors Affecting Their Continued Existence
).

(2)
Comment:
One peer reviewer stated that because sea-level rise could increase surface connectivity between currently isolated anchialine pools, invasion by nonnative fish would be exacerbated.

Our Response:
In this rule, we have added surface connectivity to our summary description of the status and stressors to
P. hawaiana
as a factor likely to exacerbate the threat posed by nonnative fish to this species and its anchialine pool habitat (see
Anchialine pool shrimp
(Procaris hawaiana), under
Summary of Biological Status of the 49 Hawaiian Islands Species
).

(3)
Comment:
One peer reviewer recommended that the island of Lanai, and coastal habitat, be included as habitat for the band-rumped storm-petrel, as birds were observed during the breeding season transiting this habitat, which is conducive to nesting where crevices and ledges are numerous and can provide some protection from feral cats (
Felis catus
), goats (
Capra hircus
), and mouflon (
Ovis gmelini musimon
).

Our Response:
We have added coastal habitat on Lanai in our description of habitat for the band-rumped storm-petrel in this final listing rule.

(4)
Comment:
One peer reviewer recommended that coastal habitat on leeward east Maui be included for the band-rumped storm-petrel, as remains of a chick were found there in 1999.

Our Response:
We understand that coastal habitat on east Maui may be part of the species' historical range, but we have not added coastal areas on leeward east Maui as currently occupied habitat for the band-rumped storm-petrel in this final rule. Unlike coastal Lanai, in coastal areas on leeward east Maui, no indication of the species' presence or use of this habitat has been observed for 17 years.

(5)
Comment:
One peer reviewer stated that predation by bullfrogs (
Lithobates catesbeianus
) should be included as a threat to the orangeblack Hawaiian damselfly, and that impacts of backswimmers (Notonectidae family) and caddisflies (Trichoptera order) on the damselfly are speculative.

Our Response:
We have included in this final rule that bullfrogs are a threat to the orangeblack Hawaiian damselfly, and clarified that the effects of

predation by backswimmers and caddisflies are not well understood.

Comments From State Agencies

(6)
Comment:
The Hawaii Department of Land and Natural Resources' Division of Forestry and Wildlife did not comment in support of, or in opposition to, the proposed listing of the 49 species from the Hawaiian Islands. District botanists from Kauai, Oahu, Maui, and Hawaii Island provided plant species occurrence updates by island.

Our Response:
We appreciate the information provided regarding the 49 plant species from the Hawaiian Islands, and have incorporated it into the Summary of Biological Status of the 49 Hawaiian Islands Species for the appropriate species in this final rule.

(7)
Comment:
The Hawaii Department of Health acknowledged that protecting wildlife and plants can often be important for human and environmental health. They further commented that managing and controlling wild ungulates is necessary for 95 percent of these proposed plant species, the orangeblack Hawaiian damselfly (
Megalagrion xanthomelas
), and the yellow-faced bees (
Hylaeus
spp.), but that it is also essential to preventing erosion, and, therefore, protecting water quality. Fire is a natural process that is now unnaturally frequent, intense, and destructive to the Hawaiian Islands, in part due to invasive grasses. Mitigating wildfires is essential to caring for 38 percent of the plant species, the damselfly, and yellow-faced bees, but it also limits the release of air pollutants that are known to be harmful to human health. Protection of coastal and wetland habitat such as that populated by the anchialine pool shrimp (
Procaris hawaiana
) limits further human pressures on our sensitive coastlines and aquatic environments.

Our Response:
We agree that managing and controlling ungulates would provide significant conservation benefits to listed plant and animal species, and would also prevent erosion and protect water quality of the islands and near shore reefs. We also acknowledge that nonnative grasses contribute to the increase in numbers and intensity of wildfires in Hawaii. Protection of coastal habitat (through nonnative plant and ungulate control, and prevention of wildfires) would provide a conservation benefit to the anchialine pool shrimp, and to other species that depend on coastal habitat.

(8)
Comment:
The Hawaii Department of Land and Natural Resources Division of Aquatic Resources concurred that the information in the proposed rule for the anchialine pool shrimp,
Procaris hawaiana,
is the most accurate and up-to-date information available, and supported listing the species as endangered under the Act (16 U.S.C. 1531
et seq.
).

Our Response:
We appreciate this support for the proposed listing of the anchialine pool shrimp,
Procaris hawaiana.

(9)
Comment:
The Department of Hawaiian Home Lands (DHHL) asked that the Secretary of the Interior consider the effects of designation of endangered species that may potentially have critical habitat on Hawaiian Home Lands in a similar manner to the effects such designation has on tribal lands, including the impact on tribal sovereignty. DHHL is aware that Secretarial Order 3206, issued in June 1997, establishes guidelines for the Service when dealing with Indian tribes relating to endangered species. Secretarial Order 3206 recognizes that, in order to respect the cultural and social aspects of Indian tribes, some environmental restrictions on Indian tribal lands are not appropriate, and it calls on the Service to preserve endangered species while respecting tribal authority over their own lands. While native Hawaiians are not an “Indian tribe” under the Order, DHHL's mission, to place native Hawaiians on its lands for residential, agricultural, and pastoral homesteading purposes, is analogous to the circumstances of Indian tribes. The Department also recommends that the Secretaries of the Interior and Commerce, in determining endangered species and critical habitat designations, consult directly with the Hawaiian Homes Commission, DHHL, Office of Native Hawaiian Relations, and beneficiaries of the Hawaiian Homes Commission Act to include native intelligence and knowledge on species, habitat, and place-based management and protection.

Our Response:
In accordance with the President's memorandum of April 29, 1994 (Government-to-Government Relations With Native American Tribal Governments; 59 FR 22951), Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments), and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with tribes in developing programs for healthy ecosystems; to incorporate native intelligence and knowledge of species, habitat, and place-based management and protection; to acknowledge that tribal lands are not subject to the same controls as Federal public lands; to remain sensitive to Indian culture; and to make information available to tribes. In addition, a 2004 consolidated appropriations bill (Pub. L. 108-199, see section 148) established the Office of Native Hawaiian Relations within the Secretary of the Interior's Office, and its duties include effectuating and implementing the special legal relationship between the Native Hawaiian people and the United States, and fully integrating the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian people by assuring timely notification of and prior consultation with the Native Hawaiian people before any Federal agency takes any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands. A 2011 memorandum of understanding (MOU) signed by the Department of the Interior states that “Federal agencies are required to consult with Native Hawaiian organizations before taking any action that may have the potential to significantly affect Native Hawaiian resources, rights, or lands.” Although native Hawaiians are not technically a “recognized Federal tribe” as referenced in the above Executive and Secretarial Orders, we endeavor to fully engage and work directly with native Hawaiians as much as possible. At the time we published our proposed rule (80 FR 58820; September 30, 2015), we notified several Hawaiian organizations including the DHHL, Kamehameha Schools, the Office of Hawaiian Affairs, the Kahoolawe Island Reserve Commission (KIRC), and Kahea-The Hawaiian-Environmental Alliance. We contacted the Department of the Interior's Office of Native Hawaiian Relations on September 28, 2015, to inform them of our proposed listing action. We also conducted in-person meetings with staff of the Department of Hawaiian Home Lands, Kamehameha Schools, and KIRC. We considered all comments and recommendations provided by these organizations in developing this final listing rule. At the time we prepare a proposed critical habitat rule for these species, we will notify these groups and organizations, and carefully consider any comments and new information they provide regarding habitat for these species.

Public Comments

Seven public commenters supported listing of all 49 Hawaiian Islands species. Seven public commenters opposed the listing of the 49 Hawaiian Islands species, and one of these commenters supported the intent of listing but opposed designation of critical habitat on their lands.

(10)
Comment:
One commenter supported this rule because of the facts and analysis stated in the proposed rule. Two commenters stated that humans need to be a voice for plants and animals, and that this listing will positively impact the conservation of many animals and positively lead other conversations in the right direction.

Our Response:
We appreciate the comments and believe that listing status will help provide conservation benefits to the species and their habitats.

(11)
Comment:
One commenter stated that the 49 species also play a pivotal role in promoting tourism and building the economy of Hawaii and that they deserve to be put onto the Lists of Endangered and Threatened Wildlife and Plants. Two commenters stated that listing these species will attract wildlife enthusiasts and nature lovers from all around the world, and their spending and tourism helps to build and maintain sources of revenue in Hawaii; most markets within the islands depend on the tourism dollars that wildlife attracts.

Our Response:
We do not consider economic consequences in our decisions to list or not list species as endangered or threatened under the Act. Section 4(b)(1)(a) of the Act specifies that listing determinations be made “solely on the basis of the best scientific and commercial data available.”

(12)
Comment:
One commenter stated that the potential negative impacts of listing to landowners is very small, as the vast majority of the habitat for these rare species occurs on State and Federal lands, or in private lands devoted to conservation.

Our Response:
We agree that many of the 49 species occur or were known from State and Federal lands, or in undeveloped areas already dedicated to conservation. However, listing a species as endangered or threatened is based on the species' biological status; the development of a proposed rule for critical habitat for these species will be completed in a separate rule, and the effects of critical habitat on landowners will be analyzed upon preparation of that proposed rule.

(13)
Comment:
One commenter stated that island residents have entirely lost historical and cultural opportunities and rights as a result of species protection enforcement and that those in the field of endangered species protection have a single focus, with little or no concern for cultural and historical values. Another commenter stated that this listing would cause a further loss for the public of cultural, historical, and economic resources. A third commenter stated that native Hawaiian society believes they should be able to manage their people, land, and resources autonomously.

Our Response:
Listing a species as endangered or threatened does not cause loss of historical and cultural opportunities; in fact, it highlights the need to protect the characteristics that are unique to the Hawaiian Islands. We acknowledge that some economic impacts are a possible consequence of listing a species under the Act; for example, there may be costs to the landowner associated with the development of a habitat conservation plan (HCP). In other cases, if the landowner does not acquire a permit for incidental take (for animals), the landowner may choose to forego certain activities on their property to avoid violating the Act, resulting in potential lost income. However, the Act does not provide for the consideration of such impacts when making a listing decision. Section 4(b)(1)(a) of the Act specifies that listing determinations be made “solely on the basis of the best scientific and commercial data available.” The language provided by Congress in the Act thus precludes such costs from consideration in association with a listing determination. We work collaboratively with private landowners, and strongly encourage those with listed species on their property to work with us to develop incentive-based measures such as strategic habitat areas (SHAs) and HCPs, which have the potential to provide conservation measures that effect positive results for the species and their habitat while providing regulatory relief for landowners. The conservation and recovery of endangered and threatened species, especially of those in Hawaii that occur nowhere else in the world, and the ecosystems upon which they depend, is the ultimate objective of the Act, and the Service recognizes the vital importance of voluntary, nonregulatory conservation measures that provide incentives for landowners in achieving that objective. In regards to land management by native Hawaiians, see our response to
Comment
(9), above. The Act does provide for the consideration of potential economic impacts in the course of designating critical habitat (limited to activities that are funded, authorized, or carried out by a Federal agency), and that analysis will be conducted as we prepare a rule proposing critical habitat for the multi-island species.

(14)
Comment:
Four commenters were concerned that listing a species would entail removal of nonnative species with cultural significance, or removal of those used for food and sport hunting, and that control of nonnative ungulates would not be conducted humanely.

Our Response:
Habitat destruction and modification by ungulates is a threat to 37 of the 39 plants, and to 9 of the 10 animals proposed for listing. Herbivory by ungulates is a threat to 27 of the 39 plants proposed for listing. Hawaii was inhabited as early as the 2nd century; therefore, hunting of game mammals is a relatively recent activity (Tomich 1986, p. 1). The first Polynesian settlers brought domestic pigs of southeast Asia (
Sus scrofa
or a species derived from
Sus scrofa vittatus
) with them that were small in size, domesticated, and allowed to run freely around habitations (Tomich 1986, p. 120). Cook brought English pigs on his first voyage to Hawaii and landed a boar and sow on Niihau in 1778 (Tomich 1986, p. 121). Goats and European boars were introduced and released (on Niihau in 1778) by ship captains with the intent of establishing feral populations of these animals to be an available food source in future visits to the islands. Cattle (
Bos taurus
) and domestic sheep (
Ovis aries
) were released in 1794, by Vancouver. Deer were released later; first, axis deer in 1867, and then mule deer (black-tailed deer) in 1961 (Tomich 1986, pp. 127, 133, 141, 150, 158). These ungulates multiplied rapidly, with immense negative impacts to native vegetation (Loope 1988, pp. 274-276). The need for control of feral cattle was recognized as early as 1918, by C.S. Judd (Tomich 1986, p. 146). The commenter may be referring to the Federal court order mandating the removal of sheep and goats for protection of the palila

(
Loxioides bailleui
), an endangered bird endemic to Hawaii. Aerial hunting is an efficient control method and was chosen by the State to comply with this order. Carcasses taken during hunts (in both 2014 and 2015) were available to the permitted public for salvage (DLNR 2014, in litt.; DLNR 2015, in litt.). Aerial hunting is not conducted by the Service in Hawaii.

(15)
Comment:
One commenter stated that once species are listed for protection under the Act, there is no public recourse.

Our Response:
There is public recourse after a rulemaking is published in the
Federal Register
. Under the Act,

an interested person may petition to add a species to, or to remove a species from, either of the Lists of Endangered and Threatened Wildlife and Plants. Within 12 months of the petition, the Secretary will make a finding as to whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Persons may also petition to designate or revise a critical habitat designation. Our petition regulations are set forth at 50 CFR 424.14.

(16)
Comment:
Two commenters expressed concern that the magnitude of the proposed listing rule and the subsequent designation of critical habitat will have negative effects on Hawaii's economy, property values, and land use.

Our Response:
We understand there is confusion and concern about the effects of listing the 49 multi-island species. Listing provides certain protections to the species under the Act. Section 7 of the Act states that each Federal agency (through consultation) shall insure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species. For endangered species of fish or wildlife, section 9 of the Act prohibits any person subject to the jurisdiction of the United States to import or export; “take” (defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt any of these actions) within the United States or the territorial sea of the United States; take upon the high seas; deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of a commercial activity; or sell or offer for sale in interstate or foreign commerce. For endangered plants, section 9 of the Act prohibits any person subject to the jurisdiction of the United States to import or export; deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of a commercial activity; sell or offer for sale in interstate or foreign commerce; remove and reduce the species to possession from areas under Federal jurisdiction; maliciously damage or destroy any such species on areas under Federal jurisdiction; or remove, cut, dig up, or damage or destroy any species species in knowing violation of any State law or regulations or in the course of any violation of a State criminal trespass law. Section 10 of the Act provides for permitting of actions that may enhance the propagation or survival of the species, or that may “take” a species. We acknowledge that some economic impacts are a possible consequence of listing a species under the Act; for example, there may be costs to the landowner associated with the development of an HCP. In other cases, if the landowner does not acquire a permit for incidental take, the landowner may choose to forego certain activities on their property to avoid violating the Act, resulting in potential lost income. However, the statute does not provide for the consideration of such impacts when making a listing decision. Listing determinations are made “solely on the basis of the best scientific and commercial data available.” This rule only lists the 49 species from the Hawaiian Islands; it does not designate critical habitat.

(17)
Comment:
Two commenters stated that listing species and designating critical habitat on private property in Hawaii will alienate ranchers, a group that can help with species and habitat conservation. The commenters state that conservation can best be achieved by cooperation and coordination with private landowners.

Our Response:
This rule only addresses the listing of 49 species from the Hawaiian Islands and does not designate critical habitat. We agree that partnerships can provide benefits for listed species and their habitat through development of conservation plans and implementation of management actions.

(18)
Comment:
One commenter stated that the Service should include the public now, not after designating critical habitat, with outreach, public forums, presentations, and meetings on every island for community groups, industry and business groups, the Soil and Water Conservation Districts, the Farm Bureau, Hawaii Cattlemen's Council, and schools.

Our Response:
As described above, the publication of the proposed listing rule did not include a critical habitat proposal. We opened a 60-day comment period on the proposed listing rule, obtained extensive peer review, published notices in numerous local newspapers, reopened the comment period, and held a public hearing and information meeting. We considered all comments we received in preparing this final listing rule, and this rule incorporates new, substantive information provided to us by commenters.

Summary of Changes From the Proposed Rule

In preparing this final rule, we reviewed and fully considered comments from the public and peer reviewers on the proposed rule, and incorporated the following substantive changes into this final rule. None of the new information we received changed our evaluation of the threats to these species or our determinations in this final rule that they are endangered.

(1) We made revisions to the demographic status or distribution of 31 species of plants, based on comments from peer reviewers, by correcting current locations or numbers of individuals for:
Asplenium diellaciniatum, Calamagrostis expansa,

Cyanea kauaulaensis, Cyclosorus boydiae,

Cyrtandra hematos, Dryopteris glabra
var.
pusilla, Exocarpos menziesii,

Gardenia remyi, Huperzia stemmermanniae,

Joinvillea ascendens
ssp.
ascendens, Kadua fluviatilis,

Microlepia strigosa
var.
mauiensis, Myrsine fosbergii,

Nothocestrum latifolium, Ochrosia haleakalae,

Phyllostegia brevidens, P. helleri,

P. stachyoides, Portulaca villosa,

Pritchardia bakeri, Pseudognaphalium sandwicensium
var.
molokaiense, Ranunculus hawaiensis,

R. mauiensis, Sanicula sandwicensis,

Santalum involutum, Schiedea diffusa
ssp.
diffusa, S. pubescens,

Sicyos lanceoloideus, S. macrophyllus,

Stenogyne kaalae
ssp.
sherffii,
and
Wikstroemia skottsbergiana.

(2) We made revisions to specific threats to 31 plant species, based on comments from peer reviewers, including:
Asplenium diellaciniatum, Calamagrostis expansa,

Cyanea kauaulaensis, Cyclosorus boydiae,

Cyperus neokunthianus, Cyrtandra hematos,

Deparia kaalaana, Dryopteris glabra
var.
pusilla, Exocarpos menziesii,

Huperzia stemmermanniae, Hypolepis hawaiiensis
var.
mauiensis, Joinvillea ascendens
ssp.
ascendens, Kadua fluviatilis,

K. haupuensis, Labordia lorenciana, Lepidium orbiculare,

Microlepia strigosa
var.
mauiensis, Myrsine fosbergii,

Nothocestrum latifolium, Ochrosia haleakalae,

Phyllostegia brevidens, P. helleri,

P. stachyoides, Portulaca villosa,

Sanicula sandwicensis, Santalum involutum,

Schiedea diffusa
ssp.
diffusa, S. pubescens,

Sicyos lanceoloideus, Solanum nelsonii,
and
Wikstroemia skottsbergiana.

(3) We corrected the taxonomy for the nonnative plant, California grass, from
Brachiaria mutica
to
Urochloa mutica.

(4) We added further references concerning genetic research that supports differences in populations of the band-rumped storm-petrel breeding in different oceans and archipelagos.

(5) We added additional information on current nesting sites of the band-rumped storm-petrel on Lehua Island, Kauai, Molokai (coastal), Lanai (coastal), Hawaii Island (Hawaii Volcanoes National Park), and subalpine habitat

(Hawaii Island), based on comments regarding audio detections.

(6) We added information regarding additional populations of the orangeblack Hawaiian damselfly on Hawaii Island.

(7) We added information on predation of the orangeblack Hawaiian damselfly by Jackson's chameleons, backswimmers, and bullfrogs as a threat, and predation by the black twig borer as a threat to
Labordia lorenciana
and
Nothocestrum latifolium.

(8) We added competition with caddisflies for resources, prey, and space as a potential threat to the orangeblack Hawaiian damselfly.

(9) We made revisions to the demographic status or distribution of the yellow-faced bees
Hylaeus anthracinus, H. facilis,
and
H. longiceps.

(10) We added tsunami as a threat to the yellow-faced bees that occur in coastal areas (
Hylaeus anthracinus, H. assimulans,

H. facilis, H. hilaris,
and
H. longiceps
), and to
Solanum nelsonii,
also in coastal areas.

(11) We changed “Australian colletid” to “alien
Hylaeus”
bees, and included competition with sweat bees (
Lasioglossum
spp.) as a threat to the yellow-faced bees.

(12) We noted that transmission of diseases carried by nonnative insects through shared food sources could be a threat to the yellow-faced bees, but we have no specific evidence of this type of disease transmission.

(13) We added drought as a potential threat to all seven yellow-faced bees.

(14) We added infiltration of waste water, fertilizers, or pesticides resulting from development activities as a potential threat to the anchialine pool shrimp.

(15) We added sea-level rise and coastal inundation as a potential threat to
Solanum nelsonii,
as occurrences in low-lying coastal areas are at risk, and to the anchialine pool shrimp, as these events could increase connectivity of anchialine pools leading to further incursion by nonnative fish from one pool to another.

Background

Please refer to the proposed listing rule for the 49 species from the Hawaiian Islands (80 FR 58820; September 30, 2015), available at
http://www.regulations.gov
(see
ADDRESSES
), for the following information:

• For background information on the Hawaii Islands, see “The Hawaiian Islands” under
Background
;

• For ecosystem descriptions, see An Ecosystem-Based Approach To Assessing the Conservation Status of the 49 Species in the Hawaiian Islands;

• For detailed descriptions of the species and their taxonomy, see Description of the 49 Hawaiian Islands Species.

Hawaiian Islands Species Addressed in This Final Rule

Table 1A (plants) and Table 1B (animals), below, provide the common name, scientific name, and range (by Hawaiian Island) for the 49 species addressed in this final rule.

Table 1A—Plant Species Listed as Endangered

Scientific name
Common name
Hawaiian Island

Plants

Asplenium diellaciniatum

No common name (NCN)
Kauai.

Calamagrostis expansa

Maui reedgrass
Hawaii, Maui.

Cyanea kauaulaensis

NCN
Maui.

Cyclosorus boydiae

kupukupu makalii
Hawaii (H), Maui, Oahu.

Cyperus neokunthianus

NCN
Maui (H).

Cyrtandra hematos

haiwale
Molokai.

Deparia kaalaana

NCN
Hawaii (H), Maui, Kauai (H).

Dryopteris glabra
var.
pusilla

hohiu
Kauai.

Exocarpos menziesii

heau
Hawaii, Lanai (H).

Festuca hawaiiensis

NCN
Hawaii, Maui (H).

Gardenia remyi

nanu
Hawaii, Maui, Molokai, Kauai.

Huperzia stemmermanniae

NCN
Hawaii, Maui (H).

Hypolepis hawaiiensis
var.
mauiensis

olua
Maui.

Joinvillea ascendens
ssp.
ascendens

ohe
Hawaii, Maui, Molokai, Oahu, Kauai.

Kadua fluviatilis

kamapuaa
Oahu, Kauai.

Kadua haupuensis

NCN
Kauai (H).

Labordia lorenciana

NCN
Kauai.

Lepidium orbiculare

anaunau
Kauai.

Microlepia strigosa
var.
mauiensis

NCN
Hawaii, Maui, Oahu.

Myrsine fosbergii

kolea
Oahu, Kauai.

Nothocestrum latifolium

aiea
Maui, Lanai (H), Molokai, Oahu, Kauai (H).

Ochrosia haleakalae

holei
Hawaii, Maui.

Phyllostegia brevidens

NCN
Hawaii, Maui.

Phyllostegia helleri

NCN
Kauai.

Phyllostegia stachyoides

NCN
Hawaii (H), Maui, Molokai.

Portulaca villosa

ihi
Hawaii, Maui, Kahoolawe, Lanai (H), Molokai, Oahu (H), Kaula (H), Lehua (H), Nihoa (H).

Pritchardia bakeri

Baker's loulu
Oahu.

Pseudognaphalium sandwicensium
var.
molokaiense

enaena
Maui, Lanai (H), Molokai, Oahu (H).

Ranunculus hawaiensis

makou
Hawaii, Maui (H).

Ranunculus mauiensis

makou
Hawaii (H), Maui, Molokai (H), Oahu (H), Kauai.

Sanicula sandwicensis

NCN
Hawaii, Maui.

Santalum involutum

iliahi
Kauai.

Schiedea diffusa
ssp.
diffusa

NCN
Maui, Molokai (H).

Schiedea pubescens

maolioli
Maui, Lanai (H), Molokai.

Sicyos lanceoloideus

anunu
Oahu, Kauai.

Sicyos macrophyllus

anunu
Hawaii, Maui (H).

Solanum nelsonii

popolo
Hawaii, Maui (H), Molokai, Niihau (H), Pearl & Hermes, Kure, Midway, Laysan, Nihoa.

Stenogyne kaalae
ssp.
sherffii

NCN
Oahu (H).

Wikstroemia skottsbergiana

akia
Kauai.

(H) = historically known from island, but not observed in the past 20 years.

Table 1
B
—Animal Species Listed as Endangered

Common name
Scientific name
Hawaiian Island

Animals

Band-rumped storm-petrel

Oceanodroma castro

Hawaii, Maui, Kahoolawe, Lanai, Molokai (H), Oahu (H), Kauai, Lehua.

Yellow-faced bee

Hylaeus anthracinus

Hawaii, Maui, Kahoolawe, Lanai (H), Molokai, Oahu.

Yellow-faced bee

Hylaeus assimulans

Maui, Kahoolawe, Lanai, Oahu (H).

Yellow-faced bee

Hylaeus facilis

Maui (H), Lanai (H), Molokai, Oahu.

Yellow-faced bee

Hylaeus hilaris

Maui (H), Lanai (H), Molokai.

Yellow-faced bee

Hylaeus kuakea

Oahu.

Yellow-faced bee

Hylaeus longiceps

Maui, Lanai, Molokai, Oahu.

Yellow-faced bee

Hylaeus mana

Oahu.

Orangeblack Hawaiian damselfly

Megalagrion xanthomelas

Hawaii, Maui, Lanai, Molokai, Oahu, Kauai (H).

Anchialine pool shrimp

Procaris hawaiana

Hawaii, Maui.

(H) = Historically known from the island, but not observed in the last 20 years.

Summary of Biological Status of the 49 Hawaiian Islands Species

The Act directs us to determine whether any species is an endangered species or a threatened species because of any one of the factors listed in section 4(a)(1). We summarize, below, the biological condition of, and factors affecting, each of the 49 species and determine whether each species is endangered or threatened. The summaries below include only brief lists of factors affecting each species. Each of these factors is fully considered, in detail, in the subsequent section, Summary of Factors Affecting the 49 Species From the Hawaiian Islands.

Climate Change Vulnerability Assessment for the Hawaiian Plants

Twenty-seven of the plant species described below were evaluated for their vulnerability to climate change as part of a comprehensive vulnerability analysis of native Hawaiian plants, as indicated in Table 2 (Fortini
et al.
2013, 134 pp.). This analysis used “climate envelopes” (geographic ranges encompassing suitable climate for each species, as defined by temperature and moisture (Fortini
et al.
2013, p. 17)) developed from field records by Price
et al.
(2012) to project each species' potential range in the year 2100. The location and spatial extent of these future ranges, and their overlap with current ranges, allows calculation of a vulnerability score. Estimates of vulnerability based on climate-envelope modeling are conservative in that they do not take into account potential changes in interspecific interactions such as predation, disease, pollination, or competition. This study provides a landscape- or island-scale picture of potential climate-change vulnerability of Hawaiian plants; the results are less clear at finer spatial scales (Fortini
et al.
2013, p. 42). However, all 27 of these plant species scored moderately or extremely vulnerable in the analysis because of their relative inability to exhibit the possible responses necessary for persistence under projected climate change (Fortini
et al.
2013, 134 pp.). These responses include the migration response (dispersal and establishment in new areas beyond their current distribution), the microrefugia response (persistence in topographically complex areas that are less exposed), evolutionary adaptation response (morphological changes in response to the changing environment), and toleration response (adaptation to environmental changes through phenotypic plasticity). In the study, response probabilities ranged from 0 (not vulnerable at all) to 1.0 (extremely vulnerable; species likely to disappear or “wink out” by the year 2100) (Fortini
et al.
2013, pp. 6-7). Many species found to be moderately vulnerable in this study, with scores of 0.5 or greater, already are listed as endangered; some already are extinct (Fortini
et al.
2013, pp. 24, 93). Therefore, because the species in this rule were found by the Fortini
et al.
(2013) study to be moderately (0.5) to extremely (1.0) vulnerable, we deem the likelihood of their persistence to be low with the impacts of climate change in addition to other threats these species face. The environmental changes associated with climate change are likely to exacerbate these ongoing threats and further reduce the likelihood that these species will persist in the future.

Plants

Asplenium diellaciniatum
(no common name, NCN), a terrestrial or epipetric (growing on rocks) fern in the spleenwort family (Aspleniaceae), is endemic to Kauai (Palmer 2003, p. 117). Little is known of the historical distribution of this species. It was described from a collection from “Halemanu,” the Knudsen homestead area on western Kauai. Currently, this fern is found in montane mesic forest at Kawaiiki and Kaluahaulu Ridge (Palmer 2003, p. 117; HBMP 2010; Lorence
et al.
2013, p. 167) in 3 occurrences, totaling approximately 100 individuals, 30 of which are in an ungulate exclosure (TNCH 2007; HBMP 2010; Lorence
et al.
2013, p. 167; Wood 2013, in litt.; Plant Extinction Prevention Program (PEPP) 2014, pp. 33, 59; Kishida 2015, in litt.; Williams 2015, in litt.).

Feral pigs (
Sus scrofa
), goats (
Capra hircus
), and black-tailed deer (
Odocoileus hemionus columbianus)
modify and destroy the habitat of
Asplenium diellaciniatum
on Kauai, with evidence of the activities of these animals reported in the areas where
A. diellaciniatum
occurs (Service 1999, p. 72; HBMP 2010). Feral pigs, goats, and black-tailed deer also forage on
A. diellaciniatum.
Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt; Hawaii Administrative

Rule-Hawaii Department of Land and Natural Resources (HAR-DLNR) 2010, in litt.). Nonnative plants, such as
Adiantum hispidulum
(rough maidenhair fern),
Blechnum appendiculatum
(no common name),
Erigeron karvinskianus
(daisy fleabane), and
Rubus argutus
(prickly Florida blackberry), compete with
A. diellaciniatum,
modify and destroy native habitat, and displace native plant species by competing for water, nutrients, light, and space; they may also produce chemicals that inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stone 1990, p. 74; Williams 2015, in litt.). Additionally, the small number of individuals of
A. diellaciniatum
limits this species' ability to adapt to environmental change.

The remaining occurrences of
Asplenium diellaciniatum
are at risk;
A. diellaciniatum
numbers are decreasing on Kauai, and both the species and its habitat continue to be negatively affected by destruction and modification by ungulates and by direct competition by nonnative plants, combined with herbivory by nonnative ungulates. Because of the threats described above, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Calamagrostis expansa
(Maui reedgrass), a perennial in the grass family (Poaceae), is known from the islands of Maui and Hawaii (O'Connor 1999, p. 1509; Wagner and Herbst 2003, p. 59). Historically,
C. expansa
was known from wet forest, open bogs, and bog margins on Maui at 17 locations on east Maui, and in a large occurrence covering nearly the entire summit on west Maui, and was discovered in 7 occurrences totaling approximately 750 individuals on the island of Hawaii in 1995 (O'Connor 1999, p. 1509; HBMP 2010; Smithsonian National Museum of Natural History (NMNH) Botany Collections 2014, in litt.; Vetter 2015, in litt.). Currently, this species is known from 13 to 33 occurrences totaling fewer than 750 individuals. This species is rhizomatous (growing from underground stems), making it difficult to determine exact numbers of distinct individuals and populations, and botanists' estimations vary. On the island of Maui, there are 2 occurrences in the west Maui Mountains (approximately 100 individuals) and from 7 to as many as 40 occurrences in the east Maui Mountains (totaling at least 200 individuals), often along ridges above 6,000 feet (ft) (1,830 meters (m)), or on raised hummocks in wet forest and bogs, in the montane wet ecosystem (Wood 2005a, in litt.; TNCH 2007; Welton 2008 and 2010, in litt.; Fay 2010, in litt.; HBMP 2010; Oppenheimer 2010, in litt.; Agorastos 2011, in litt.; Vetter 2015, in litt.). Most of the east Maui occurrences are in exclosures (Duvall 2015, in litt.). On the island of Hawaii, there are 3 occurrences in the Kohala Mountains (totaling several hundred individuals) and 1 occurrence of 6 individuals last observed in 2004 in Upper Waiakea Forest Reserve, in the montane wet ecosystem (Perry 2006, in litt; TNCH 2007; HBMP 2010; Perry 2015, in litt.).

Feral pigs modify and destroy the habitat of
Calamagrostis expansa
on Maui and Hawaii, with evidence of the activities of feral pigs reported in the areas where
C. expansa
occurs on east Maui, and on Hawaii Island in the Kohala Mountains and in the Waiakea Forest Reserve (Hobdy 1996, in litt.; Perlman 1996, in litt.; Wood 1996, in litt.; Perry 2006, in litt.; HBMP 2010). Some occurrences on east and west Maui are currently fenced; however, ungulate and weed control activities must be maintained to provide continued protection (Duvall 2015, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Rats have been noted by biologists as a threat to
C. expansa
at Laupahoehoe Natural Area Reserve (NAR) on Hawaii Island, by consuming seeds (HBMP 2010). Nonnative plants compete with this species and modify and destroy native habitat, negatively affecting
C. expansa
on east and west Maui and Hawaii Island. Additionally, the small number of individuals limits this species' ability to adapt to environmental change. Fortini
et al.
(2013, p. 68) found that, as environmental conditions are altered by climate change,
C. expansa
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
C. expansa
described above (see “Climate Change” under
Factor E. Other Natural or Manmade Factors Affecting Their Continued Existence,
below).

The remaining occurrences of
Calamagrostis expansa
are at risk;
C. expansa
populations are decreasing on Maui and Hawaii Island, and this species continues to be negatively affected by habitat modification and destruction by feral pigs, and by direct competition from nonnative plants, combined with herbivory by feral pigs and rats. This species is vulnerable to the effects of climate change, and the likelihood of its persistence with the impacts of climate change, exacerbated by the ongoing threats, is low. We find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Cyanea kauaulaensis
(NCN), a shrub in the bellflower family (Campanulaceae), is endemic to Maui (Oppenheimer and Lorence 2012, p. 15).
Cyanea kauaulaensis
occurs on leeward west Maui, on talus or basalt boulder-strewn slopes along perennial streams from 2,400 to 3,000 ft (730 to 900 m), in the lowland wet ecosystem (TNCH 2007; HBMP 2010; Oppenheimer and Lorence 2012, pp. 17-18). This species was first collected during a botanical survey in 1989. Further surveys (in 2008, 2009, and 2011) revealed more individuals, and study of the collections indicated that it was a new species of
Cyanea.
Currently,
C. kauaulaensis
is known from Kauaula Valley (approximately 100 individuals) (Oppenheimer and Lorence 2012, pp. 15-16, 20; Duvall 2015, in litt.; Oppenheimer 2015, in litt.).

The greatest threats to this species currently are the low numbers of occurrences and individuals, its limited range, poor seedling recruitment, and loss of pollinators and dispersal agents (Oppenheimer and Lorence 2012, pp. 20-21; Duvall 2015, in litt.). Rats and slugs are noted as a threat to
Cyanea kauaulaensis
because of their herbivory and seed predation. Additionally, nonnative plants modify and destroy native habitat and outcompete native species, negatively affecting
C. kauaulaensis
and its habitat. Although feral ungulates are present on west Maui, the known occurrences of
C. kauaulaensis
may be less at risk from this particular threat because of their location in extremely steep and rugged terrain; however, erosion, landslides, flooding, and drying due to climate change affect this species because of the terrain where it occurs (Oppenheimer and Lorence 2012, pp. 20-21; Duvall 2015, in litt.). The remaining occurrence of
Cyanea kauaulaensis
is at risk. Because of the threats described above, we find that this species is endangered throughout all of its range, and,

therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Cyclosorus boydiae
(previously
Christella boydiae
) (kupukupu makalii) is a small to medium-sized member of the thelypteroid fern family (Thelypteridaceae) (Pukui and Elbert 1986, p. 186; Palmer 2003, pp. 87-88). Typical habitat for
C. boydiae
is exposed, rocky, or moss-covered banks of stream courses in dense-wet
Metrosideros-Acacia
(ohia-koa) forest, from 2,300 to 4,400 ft (700 to 1,350 m), with other native ferns, grasses, and dwarfed woody species, in the lowland wet and montane wet ecosystems (Hillebrand 1888, p. 572; Medeiros
et al.
1993, p. 87; Wagner (W.H.)
et al.
1999, p. 156; TNCH 2007; HBMP 2010; Gates 2015, in litt.). Historically, this fern was known from near sea level to 4,400 ft (1,350 m) on Oahu, Maui, and Hawaii Island (Hillebrand 1888, p. 572; Medeiros
et al.
1993, pp. 86-87; Palmer 2003, pp. 87-88). Currently,
C. boydiae
is found on Oahu and east Maui, in 13 occurrences totaling approximately 400 individuals (Palmer 2003, pp. 87-88; Oppenheimer 2008, in litt.; Fay 2010, in litt.; HBMP 2010; Welton 2010, in litt.). On east Maui, there are at least 11 occurrences (over 1,000 individuals) in the lowland wet and montane wet ecosystems, and on Oahu there are 2 occurrences in the Koolau Mountains in the montane wet ecosystem, totaling 40 individuals, and one historic occurrence in Kaluanui Drainage, but the status of the species at this location is currently unknown (Palmer 2003, pp. 87-88; Wood 2007a, in litt.; Kam 2008, in litt.; Oppenheimer 2008 and 2010, in litt.; HBMP 2010; Welton 2010, in litt.; Ching 2011, in litt.; Ching Harbin 2015, in litt.; Oppenheimer 2015, in litt.). The historical occurrence of
C. boydiae
on the island of Hawaii was found in the lowland wet ecosystem (HBMP 2010).

Feral pigs modify and destroy the habitat of
Cyclosorus boydiae
on Maui and Oahu, with evidence of their activities reported at three occurrences of
C. boydiae
on east Maui and at two occurrences on Oahu. However, on east Maui, two of the five occurrences are provided protection in Haleakala National Park (Wood 2007a, in litt.; HBMP 2010; Kawelo 2011, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Historical occurrences of
C. boydiae
on Oahu have dramatically declined in numbers or disappeared as a result of habitat modification and destruction, landslides and flooding, invasion of lower elevation stream courses by nonnative plants, and manmade stream diversions (Medeiros
et al.
1993, p. 88; Palmer 2003, p. 88). Nonnative plants, such as
Tibouchina herbacea
(glorybush), modify and destroy native habitat of.
C. boydiae
and outcompete this and other native species for water, nutrients, light, and space (Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stone 1990, p. 74). Herbivory by feral pigs negatively impacts this species (HBMP 2010). This species occurs on stream banks at or just above water level, and flash floods or drought can damage and destroy it (Ching Harbin 2015, in litt.). Fortini
et al.
(2013, p. 72) found that, as environmental conditions are altered by climate change,
C. boydiae
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
C. boydiae
described above.

The remaining occurrences of
Cyclosorus boydiae
are at risk;
C. boydiae
populations are decreasing on Oahu and Maui, and the species continues to be negatively affected by habitat loss and destruction by ungulates, direct competition with nonnative plants, and herbivory by ungulates. Flash floods and drought can damage and destroy this species. The effects of climate change are likely to further exacerbate these threats. Because of the threats describe above, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Cyperus neokunthianus
(NCN) is a perennial plant in the sedge family (Cyperaceae) (Koyama 1999, p. 1420).
Cyperus neokunthianus
occurs in riparian areas of the lowland wet ecosystem on west Maui (Koyama 1999, p. 1420; TNCH 2007; HBMP 2010). Historically, this species was known from Honokohau Falls and Waihee Valley (HBMP 2010; Global Biodiversity Information Facility (GBIF) database 2014, in litt.). This species was last observed in 1996. Currently, there are no known individuals in the wild; however, Waihee Valley and Maui County lands have been suggested as potential habitat for further surveys (PEPP 2013, p. 32; PEPP 2014, p. 59; Duvall 2015, in litt.).

Feral pigs modify and destroy the habitat of
Cyperus neokunthianus
on west Maui, with evidence of the activities of feral pigs reported in the area where this species was last observed (HBMP 2010). Habitat modifications resulting from activities of feral pigs that affect
C. neokunthianus
include direct destruction of this species and other native plants, disruption of topsoil leading to erosion, and establishment and spread of nonnative plants. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Additionally, nonnative plants modify and destroy native habitat and outcompete native species, also negatively affecting habitat of
C. neokunthianus
on west Maui. Currently, there are no known extant individuals, and low numbers makes this species more vulnerable to extinction because of the higher risks from genetic bottlenecks, random demographic fluctuations, and localized catastrophes.

Cyperus neokunthianus
is at risk and continues to be negatively affected by modification and destruction by nonnative animals and plants (Duvall 2015, in litt.). Because of the threats described above, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Cyrtandra hematos
(haiwale), a shrub in the African violet family (Gesneriaceae), is endemic to Molokai (Wagner
et al.
1999, pp. 760, 762).
Cyrtandra hematos
occurs in wet forest from 3,400 to 3,800 ft (1,030 to 1,150 m) on eastern Molokai, in the montane wet ecosystem (Wagner
et al.
1999, pp. 760, 762; HBMP 2010; TNCH 2007).

Historically, this species was known from four locations on Molokai

(Wagner
et al.
1999, pp. 760, 762). Currently, there are fewer than 100 individuals at two locations on Molokai (Duvall 2015, in litt.; Oppenheimer 2015, in litt.).

Feral pigs and goats modify and destroy the habitat of
Cyrtandra hematos
on Molokai, with evidence of the activities of these animals reported in the areas where this species occurs (Service 2015, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and

destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Additionally, nonnative plants modify and destroy native habitat and outcompete this and other native species for water, nutrients, light, and space, or a nonnative plant may produce chemicals that inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek
et al.
1987 in Cuddihy and Stone 1990, p. 74; Service 2015, in litt.). This species experiences reduced reproductive vigor due to low numbers and lack of regeneration, leading to diminished capacity to adapt to environmental changes, and thereby lessening the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). This species hybridizes with
C. grayana
(Oppenheimer 2015, in litt.). Fortini
et al.
(2013, p. 72) found that, as environmental conditions are altered by climate change,
C. hematos
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
C. hematos
described above.

The remaining occurrences of
Cyrtandra hematos
are at risk. The known individuals are restricted to a small area on Molokai and continue to be negatively affected by habitat modification and destruction by ungulates and nonnative plants, and by direct competition with nonnative plants. The low number of remaining individuals limits this species' ability to adapt to environmental changes. Hybridization results in a reduction of the numbers of
C. hematos.
The effects of climate change are likely to further exacerbate these threats. We find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Deparia kaalaana
(NCN), a small, terrestrial fern in the ladyfern family (Athyriaceae), is recognized as a distinct taxon by Palmer (2003, pp. 109-111) and Christenhusz
et al.
(2012, p. 16). This fern is historically known from the islands of Kauai, Maui, and Hawaii, on rocky stream banks and in wet forest, in the lowland mesic and lowland wet ecosystems (Palmer 2003, pp. 109-111; TNCH 2007; HBMP 2010; Oppenheimer and Bustamente 2014, p. 103; PEPP 2014, p. 95).
Deparia kaalaana
was presumed extinct on all three islands where it previously occurred until one individual was discovered on east Maui, growing along a perennial stream on the western side of a small pool with other native ferns and herbaceous plants (Oppenheimer and Bustamente 2014, pp. 103-107; PEPP 2014, p. 95).

Feral pigs modify and destroy habitat of
Deparia kaalaana
by facilitating the spread of nonnative plants, which converts vegetation communities from native to nonnative (Cuddihy and Stone 1990, p. 63; Oppenheimer and Bustamente 2014, p. 106). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Blechnum appendiculatum
(NCN),
Clidemia hirta
(Koster's curse),
Hedychium gardnerianum
(kahili ginger),
Prunella vulgaris
(selfheal), and
Rubus argutus,
are capable of displacing all of the riparian habitat elements, including native plants, in the area where
D. kaalaana
occurs. Nonnative slugs such as
Derocerus laeve
and
Limax maximus
are common in the area and can consume young plants (Joe and Daehler 2008, pp. 252-253). Flash floods and drought can damage and destroy this species at its only known location. A single catastrophic event may result in extirpation of the remaining individual.

The remaining occurrence of
Deparia kaalaana
is at risk, and both the species and its habitat on Hawaii, Maui, and Kauai continues to be negatively affected by modification and destruction by nonnative ungulates, and by direct competition with nonnative plants, combined with herbivory by nonnative ungulates and slugs. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
D. kaalaana
described above. We find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Dryopteris glabra
var.
pusilla
(hohiu) is a small, terrestrial fern in the wood fern family (Dryopteridaceae) (Palmer 2003, p. 144). Habitat for
D. glabra
var.
pusilla
is deep shade on rocky, mossy streambanks in wet forest at about 4,000 ft (1,200 m), in the montane wet ecosystem on Kauai (Palmer 2003, p. 144; TNCH 2007; HBMP 2010). Historically,
D. glabra
var.
pusilla
was known from the Kawaikoi stream area (HBMP 2010). Currently, this variety is known from fewer than 250 individuals in the Alakai Wilderness Preserve on Kauai (National Tropical Botanical Garden (NTBG) Herbarium Database 1995, in litt.; HBMP 2010; Wood 2015, in litt.).

Dryopteris glabra
var.
pusilla
is at risk from habitat modification and destruction by nonnative plants, feral pigs, and black-tailed deer (Wood 2015, in litt.). Most individuals occur in the Alakai Wilderness Preserve; however, only portions of the Preserve are fenced to prevent ungulate incursion. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants modify and destroy native habitat and outcompete this and other native species for water, nutrients, light, and space, or a nonnative plant may produce chemicals that inhibit growth of other plants, also negatively affecting habitat of
D. glabra
var.
pusilla
(Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stone 1990, p. 74). Herbivory by rats and slugs is a threat to
D. glabra
var.
pusilla
(Wood 2015, in litt.). In addition, the limited number of occurrences and few individuals lead to a diminished capacity to adapt to environmental changes, thereby lessening the probability of long-term persistence, and a single catastrophic event may result in extirpation of remaining occurrences. Landslides along streambanks have been known to destroy populations of this fern (Wood 2015, in litt.).

Fortini
et al.
(2013, p. 74) found that, as environmental conditions are altered by climate change,
D. glabra
var.
pusilla
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
D. glabra
var.
pusilla
described above. Because of these threats, we find that this variety is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Exocarpos menziesii
(heau) is a shrub in the sandalwood family (Santalaceae) (Wagner
et al.
1999, p. 1218). This species occurs in
Metrosideros
shrubland or drier forest areas, and on lava flows with sparse vegetation, from 4,600 to 6,900 ft (1,400 to 2,100 m), in the montane dry ecosystem on the island of Hawaii (Wagner
et al.
1999, p.

1218; TNCH 2007), and historically occurred in the lowland mesic (Lanai and Hawaii Island) and montane mesic ecosystems (Hawaii Island) (TNCH 2007; Bishop Museum 2014).
Exocarpos menziesii
is historically known from the island of Lanai and was wide-spread on the island of Hawaii (Wagner
et al.
1999, p. 1218; TNCH 2007; Bishop Museum 2014). Currently, there are seven scattered occurrences on Hawaii Island, six of which consist of only a few individuals, the seventh totals an estimated 1,800 individuals (PEPP 2013, pp. 10, 33; Thomas 2014, in litt.; Evans 2015a, in litt.; Orlando 2015, in litt.; Perry 2015, in litt.). There are no currently known occurrences of this species on Lanai.

Feral goats, mouflon, and sheep modify and destroy the habitat of
Exocarpos menziesii
on Hawaii Island, and may forage on this species, with evidence of the activities of these animals reported in the areas where this species occurs (Service 2015, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt; HAR-DLNR 2010, in litt.). Feral ungulate management is incorporated into the U.S. Army's Pohakuloa Training Area (PTA) management plan, and plants at PTA may be provided some protection within fenced management units in the training area (Evans 2015a, in litt.); however, it is reported that feral goats are still being removed from within the fenced area (Nadig 2015, in litt.). Any individuals of
E. menziesii
outside of fenced exclosures or outside of the managed area are at risk. Additionally, nonnative plants modify and destroy native habitat and outcompete this and other native species for water, nutrients, light, and space, or a nonnative plant may produce chemicals that inhibit growth of other plants, also negatively affecting habitat of
E. menziesii
(Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stone 1990, p. 74). Occurrences and numbers of individuals have declined on the island of Hawaii (HBMP 2010; Thomas 2014, in litt.), where
E. menziesii
was once widely distributed from the south to the west sides of the island, and are now restricted to seven locations. Consequently,
E. menziesii
experiences reduced reproductive vigor due to reduced levels of genetic variability, leading to diminished capacity to adapt to environmental changes, thereby reducing the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fire is a likely threat to this species; although the U.S. Army has constructed firebreaks and has standard operating procedures (SOPs) in place for prevention and suppression of wildfires at the PTA, wildfires may encroach from other areas (U.S. Army Garrison 2013, in litt.). The small number of individuals outside the larger occurrence at the PTA limits this species' ability to adapt to environmental changes. Fortini
et al.
(2013, p. 76) found that, as environmental conditions are altered by climate change,
E. menziesii
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
E. menziesii
described above.

The remaining occurrences of
Exocarpos menziesii
are at risk from modification and destruction by feral goats, mouflon, and sheep; from herbivory by these ungulates; and by the small number of remaining occurrences. Fire is a likely threat to this species. The effects of climate change are likely to exacerbate these threats. Because of these threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Festuca hawaiiensis
(NCN) is a cespitose (growing in tufts or clumps) annual in the grass family (Poaceae) (O'Connor 1999, p. 1547). Typical habitat for this species is dry forest at 6,500 ft (2,000 m), in the montane dry ecosystem (O'Connor 1999, p. 1547). Historically,
F. hawaiiensis
occurred at Hualalai and Puu Huluhulu on the island of Hawaii, and possibly at Ulupalakua on Maui; however, it is no longer found at these sites (O'Connor 1999, p. 1547). Currently,
F. hawaiiensis
is only known from the U.S. Army's PTA on the island of Hawaii (HBMP 2010). These remaining four occurrences are within an area of less than 10 square miles (mi) (26 square kilometers (km)) and total approximately 1,500 individuals (U.S. Army Garrison 2013, in litt.; Evans 2015a, in litt.).

Habitat destruction and modification by feral goats and sheep is a threat to
Festuca hawaiiensis.
These ungulates also browse on native plants such as grasses, including
F. hawaiiensis.
Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Feral ungulate management is incorporated into the U.S. Army's PTA management plan, and these plants are provided some protection within fenced management units in the training area (Evans 2015a, in litt.); however, feral goats are still being removed from inside the fenced area (Nadig 2015, in litt.). In addition, any individuals of
F. hawaiiensis
outside of fenced exclosures or outside of the managed area are at risk. Nonnative plants, such as
Cenchrus setaceus
(
Pennisetum setaceum;
fountain grass), are naturalized in the area and outcompete
F. hawaiiensis
and other native plants. Occurrences and numbers of individuals are declining on the island of Hawaii, and
F. hawaiiensis
experiences reduced reproductive vigor due to reduced levels of genetic variability, leading to diminished capacity to adapt to environmental changes, thereby reducing the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; HBMP 2010). Fire is a likely threat to this species, especially because of the ingress of nonnative grass species. Although the U.S. Army has constructed firebreaks and has SOPs in place for prevention and suppression of wildfires at the PTA, fires may encroach from other areas, exacerbated by fuel loads provided by nonnative grasses (U.S. Army Garrison 2013, in litt.). Fortini
et al.
(2013, p. 76) found that, as environmental conditions are altered by climate change,
F. hawaiiensis
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
F. hawaiiensis
described above.

The remaining occurrences of
Festuca hawaiiensis
are at risk;
F. hawaiiensis
occurrences have decreased on Hawaii Island, as it no longer occurs at Hualalai and Puu Huluhulu, and the species may be extirpated from Maui. This species continues to be negatively affected by habitat modification and destruction by ungulates and by direct competition with nonnative plants, combined with herbivory by ungulates. Fire is a likely threat to the species and its habitat. The effects of climate change are likely to further exacerbate these threats. Because

of the threats described above, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Gardenia remyi
(nanu) is a tree in the coffee family (Rubiaceae) (Wagner
et al.
1999, p. 1133). Typical habitat for
G. remyi
is mesic to wet forest from 190 to 3,000 ft (60 to 760 m), in the lowland mesic (Kauai, Molokai, and Hawaii Island) and lowland wet ecosystems (Kauai, Molokai, Maui, and Hawaii Island) (Wagner
et al.
1999, p. 1133; TNCH 2007; HBMP 2010; Oppenheimer 2015, in litt.). Historically, this species was found on the island of Hawaii at Wao Kele O Puna NAR, Waiakea Forest Reserve, Pahoa, and Hakalau Nui. On Maui, this species was known from Wailuaiki and Waikamoi in the Koolau Forest Reserve, and from Papaaea and Kipahulu. On Molokai, this species was known from Keopukaloa, Pukoo, Honomuni, Halawa, and Kaluaaha (HBMP 2010). On Kauai, this species ranged across the island, and was known from Halelea, Kealia, Moloaa, and Lihue-Koloa Forest Reserves, including Hanakapiai Valley, Mahaulepu, and east Wahiawa Bog. Currently,
G. remyi
is known from 16 occurrences totaling approximately 90 individuals on the islands of Hawaii, Maui, Molokai, and Kauai (Wood 2005b, in litt.; Oppenheimer 2006, in litt; Perry 2006, in litt.; Welton 2008, in litt.; Agorastos 2010, in litt.; HBMP 2010; Perlman 2010, in litt.). An occurrence on east Maui has been observed to decline from 14 individuals in 1992, to only 1 individual by 2015 (Duvall 2015, in litt.).

Habitat modification and destruction by feral pigs, goats, and axis deer negatively affects
Gardenia remyi
and areas suitable for its reintroduction (Perry, in litt. 2006; PEPP 2008, p. 102; HBMP 2010). Feral pigs and signs of their activities have been reported at occurrences of
G. remyi
on the island of Hawaii, on Kauai, on east and west Maui, and on Molokai. Goats and signs of their activities are reported at the occurrences
G. remyi
on Kauai and Molokai. Axis deer and signs of their activities are reported at the occurrences of
G. remyi
on Molokai (HBMP 2010). Herbivory by these ungulates is a threat to
G. remyi,
as they browse on leaves and other parts of almost any woody or fleshy plant species. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Clidemia hirta, Hedychium gardnerianum,

Psidium cattleianum
(strawberry guava), and
Tibouchina herbacea
on Hawaii Island (Perry 2006, in litt.);
Lantana camara
(lantana),
Psidium guajava,
and
Rubus argutus
on Kauai (Wood 2004, in litt.);
Ageratina adenophora
(Maui pamakani),
Rubus rosifolius
(thimbleberry), and
T. herbacea
on Maui (HBMP 2010); and
C. hirta
and
P. cattleianum
on Molokai (HBMP 2010), modify and destroy native habitat of
G. remyi
and outcompete this and other native plants for water, nutrients, light, and space in areas where
G. remyi
occurs on these islands. Landslides are a threat to occurrences and habitat of
G. remyi
on Hawaii Island (Perry 2006, in litt.). Lack of pollination was suggested as the cause for abortion of immature fruits that were seen among plants on Hawaii Island (PEPP 2010, p. 73). Similarly, Agorastos (2011, in litt.) reported no viable seed production in the wild or within
ex situ
collections and no recruitment in the wild among the 14 individuals observed on the island of Hawaii, Maui, and Molokai, for unknown reasons (Duvall 2015, in litt.; Oppenheimer 2015, in litt.). Some species of
Gardenia
are dioecious (male and female flowers on separate plants) and although the breeding system of
G. remyi
is currently unknown, this may be a cause of failure to produce viable seed in isolated individuals (Lorence 2015, in litt.). Predation of seeds by rats is reported as a threat to individuals on Kauai (NTBG 2008, in litt.). Fortini
et al.
(2013, p. 76) found that, as environmental conditions are altered by climate change,
G. remyi
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
G. remyi
described above.

The remaining occurrences of
Gardenia remyi
are at risk.
Gardenia remyi
continues to be negatively affected by habitat modification and destruction by ungulates, and by direct competition from nonnative plants, combined with herbivory by ungulates and seed predation by rats. Natural events such as landslides are a threat to occurrences on the island of Hawaii. Pollination and seed production are observed to be limited. Low numbers of individuals (90 total individuals distributed across 4 islands) makes this species more vulnerable to extinction because of the higher risks from genetic bottlenecks, random demographic fluctuations, and localized catastrophes. The effects of climate change are likely to exacerbate these threats. Because of the threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Huperzia stemmermanniae
(NCN) is an epiphytic hanging fir-moss (a fern ally) in the club moss family (Lycopodiaceae) (Palmer 2003, pp. 257-259). This species is epiphytic on rough bark of living trees or fallen logs in
Metrosideros polymorpha-Acacia koa
forest on the island of Hawaii, from 3,200 to 3,800 ft (975 to 1,160 m), in the montane wet ecosystem (Medeiros
et al.
1996b, p. 93; Palmer 2003, pp. 257, 259; TNCH 2007; HBMP 2010). There is little information available on the historical range of this species.
Huperzia stemmermanniae
was first collected in 1981, from two occurrences totaling 10 individuals in Laupahoehoe NAR on the island of Hawaii, and was mistakenly identified as
H. mannii
(Medeiros
et al.
1996b, p. 93; HBMP 2010). One individual occurred in Kaapahu Valley on east Maui, but has not been relocated since 1995 (Perry 2006, in litt.; Welton 2008, in litt.; HBMP 2010; Conry 2012, in litt.; Perry 2015, in litt.). In 2006, there were estimated to be as many as 20 individuals in Laupahoehoe (Perry 2006, in litt.). Currently, there are only a few individuals remaining due to prolonged drought conditions (Perry 2015, in litt.).

Feral pigs, goats, axis deer, and cattle modify and destroy the habitat of
Huperzia stemmermanniae
on Maui, and feral pigs modify and destroy the habitat of this species on Hawaii Island (Medeiros
et al.
1996b, p. 96; Wood 2003, in litt.; HBMP 2010). Herbivory by these ungulates is a threat to
H. stemmermanniae.
Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Clidemia hirta, Miconia calvescens,

Psidium cattleianum,
and
Cyathea cooperi
(Australian tree fern), modify and destroy the forest habitat that supports the native species upon which this epiphytic plant grows, and drought also negatively affects this species and its habitat (Medeiros
et al.
1996b, p. 96; Perry 2006, in litt.; HBMP 2010).
Huperzia stemmermanniae

experiences reduced reproductive vigor due to reduced levels of genetic variability, leading to diminished capacity to adapt to environmental changes, thereby lessening the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; HBMP 2010). Fortini
et al.
(2013, p. 77) found that, as environmental conditions are altered by climate change,
H. stemmermanniae
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
H. stemmermanniae
described above.

The remaining occurrences of
Huperzia stemmermanniae
are at risk. The known individuals are restricted to a small area on Hawaii Island, and this species continues to be negatively affected by habitat modification and destruction by ungulates. The low numbers of individuals
H. stemmermanniae
reduces the probability of its long-term persistence. The effects of climate change are likely to further exacerbate these threats. Because of the threats described above, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Hypolepis hawaiiensis
var.
mauiensis
(olua) is a small terrestrial member of the bracken fern family (Dennstaedtiaceae), and is recognized as a distinct taxon by Palmer (2003, pp. 168-169).
Hypolepis hawaiiensis
var.
mauiensis
occurs in wet forest, predominately in the montane wet ecosystem (Palmer 2003, pp. 168-170; Oppenheimer 2015, in litt.). This variety is historically known from west Maui (Palmer 2003, pp. 168-170). Currently, 5 to 10 individuals are known from openings between bogs on west Maui, and a few individuals are known from east Maui (Maui Nui Task Force (MNTF) 2010, in litt.).

Nonnative plants, such as
Tibouchina herbacea,
modify and destroy the habitat of
Hypolepis hawaiiensis
var.
mauiensis
on east and west Maui (HBMP 2010; MNTF 2010, in litt.). Nonnative plants also displace this and other native plant species by competing for water, nutrients, light, and space, or they may produce chemicals that inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stones 1990, p. 74; MNTF 2010, in litt.). Herbivory by slugs is a threat (Oppenheimer 2015, in litt.). This fern experiences reduced reproductive vigor due to low numbers of individuals, leading to diminished capacity to adapt to environmental changes, and thereby lessening the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Fortini
et al.
(2013, p. 78) found that, as environmental conditions are altered by climate change,
H. hawaiiensis
var.
mauiensis
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
H. hawaiiensis
var.
mauiensis
described above.

The remaining occurrences of
Hypolepis hawaiiensis
var.
mauiensis
are at risk. Nonnative plants modify and destroy native habitat, and also outcompete native plants, and this plant is threatened by herbivory by slugs. This fern is also vulnerable to the impacts of climate change, and the small number of remaining individuals limits its ability to adapt to environmental change. Because of these threats, we find that this variety is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Joinvillea ascendens
ssp.
ascendens
(ohe) is an erect perennial herb in the joinvillea family (Joinvilleaceae) (Wagner
et al.
1999, p. 1450).
Joinvillea ascendens
ssp.
ascendens
occurs in wet to mesic
Metrosideros polymorpha-Acacia koa
lowland and montane forest, and along intermittent streams, from 1,000 to 4,300 ft (305 to 1,300 m); in the lowland mesic (Kauai and Oahu), lowland wet (Oahu, Molokai, Maui, and Hawaii Island), montane wet (Kauai, Oahu, Molokai, Maui, and Hawaii Island), and montane mesic ecosystems (Kauai) (TNCH 2007; HBMP 2010). Historically, this subspecies was found in widely distributed occurrences on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii Island (HBMP 2010). On Kauai, this subspecies was wide-ranging across the mountains and into coastal areas (HBMP 2010). On Oahu, this subspecies was known from the summit area of the Waianae Mountains, and ranged along the entire length of the Koolau Mountain range. On Molokai, this subspecies was known from the eastern half of the island ranging from Pelekunu Preserve and east to Halawa Valley. On west Maui, this subspecies occurred in the summit area, and on the northeastern side of east Maui it ranged from the Koolau FR to Kaapahu (Gates 2015, in litt.). On Hawaii Island, it occurred almost island-wide. Currently,
J. ascendens
ssp.
ascendens
is still found on the same islands, in only 56 occurrences totaling approximately 200 individuals (HBMP 2010; Conry 2012, in litt.).

Nonnative ungulates modify and destroy habitat on all of the islands where
Joinvillea ascendens
ssp.
ascendens
occurs (Moses 2006, in litt.; Oppenheimer 2006, in litt.; Welton and Haus 2008, p. 16; HBMP 2010; Perlman 2010, in litt.). Herbivory by feral pigs, goats, axis deer, black-tailed deer, and rats is a threat to this subspecies (HBMP 2010; Williams 2015, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Many nonnative plant species, such as
Passiflora tarminiana
(banana poka),
Rubus ellipticus
(yellow Himalayan raspberry), and
Setaria palmifolia
(palmgrass) on Hawaii Island;
Clidemia hirta, Psidium cattleianum,
and
P. guajava
on Kauai;
C. hirta
and
Tibouchina herbacea
on Maui;
Juncus effusus
(Japanese mat rush) on Molokai; and
C. hirta
and
P. cattleianum
on Oahu, modify and destroy habitat and outcompete this subspecies (HBMP 2010). Randomly occurring natural events, such as landslides, are a threat to the occurrences of
J. ascendens
ssp.
ascendens
on Kauai and Molokai (HBMP 2010). Fire is likely to be a threat to this subspecies in the drier areas of the Waianae Mountains of Oahu (HBMP 2010). This subspecies is usually found as widely separated individuals. Seedlings have rarely been observed in the wild, and, although mature seeds germinate in cultivation, these seedlings also rarely survive to maturity. It is uncertain if this rarity of reproduction is typical, or if it is related to habitat disturbance, or possibly a lack of soil mycorrhizae (symbiotic relationship between fungi and plants) required for successful establishment (Wagner
et al.
1999, p. 1451; Oppenheimer 2015, in litt.). Fortini
et al.
(2013, p. 76) found that, as environmental conditions are altered by climate change,
J. ascendens
ssp.
ascendens
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with

more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
J. ascendens
ssp.
ascendens
described above.

The remaining occurrences of
Joinvillea ascendens
ssp.
ascendens
are at risk. The known individuals continue to be negatively affected by habitat modification and destruction by ungulates, compounded with herbivory by ungulates and rats. The small number of remaining individuals, smaller distribution, and poor recruitment in the wild limits this subspecies' ability to adapt to environmental changes. Destruction by fire, landslides, rockfalls, and floods can occur at any time. The effects of climate change are likely to further exacerbate these threats. Because of these threats, we find that this subspecies is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Kadua fluviatilis
(previously
Hedyotis fluviatilis
) (kamapuaa) is a climbing shrub in the coffee family (Rubiaceae) family (Wagner
et al.
1999, pp. 1142-1144). Typical habitat for this species on Kauai is mixed native shrubland and
Metrosideros
forest from 750 to 2,200 ft (230 to 680 m), in the lowland mesic ecosystem (TNCH 2007; HBMP 2010); and in open shrubland with sparse tree cover in the lowland mesic ecosystem (Wood 1998, in litt.; TNCH 2007). On Oahu,
K. fluviatilis
occurs along rocky streambanks in wet
Metrosideros
forest from 820 to 1,990 ft (250 to 607 m) in the lowland wet ecosystem (TNCH 2007; HBMP 2010).

Historically,
Kadua fluviatilis
was known from the island of Kauai in at least 5 occurrences ranging from the north coast across the central plateau to the south coast, and from the island of Oahu in at least 11 occurrences in the northern Koolau Mountains (HBMP 2010; Williams 2015, in litt.). Currently, during surveys on Oahu in 2013, only 20 to 25 individuals were observed in one occurrence (Wood 2005b, in litt., NTBG 2009, in litt.; HBMP 2010; Ching Harbin 2015, in litt.). On Kauai,
K. fluviatilis
is known from two occurrences totaling approximately 500 individuals (HBMP 2010).

Feral pigs and goats modify and destroy habitat of
Kadua fluviatilis
(HBMP 2010). Evidence of the activities of feral pigs has been reported at the occurrences on Kauai and Oahu (Wood 1998, in litt.; HBMP 2010). Feral goats and evidence of their activities have been observed at one location on Kauai (HBMP 2010). Herbivory by feral pigs and goats is a threat to
K. fluviatilis.
Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plant species, such as
Lantana camara, Paspalum conjugatum
(Hilo grass),
Psidium cattleianum, P. guajava,

Rubus rosifolius,
and
Schinus terebinthifolius
(Christmas berry), degrade habitat and outcompete this and other native species for water, nutrients, light, and space, or may produce chemicals that inhibit growth of other plants (Smith 1985, pp. 180-250; Vitousek
et al.
1987 in Cuddihy and Stone 1990, p. 74; Wood 1998, in litt.; HBMP 2010).
Kadua fluviatilis
is negatively affected by landslides on Kauai (HBMP 2010). Fortini
et al.
(2013, p. 78) found that, as environmental conditions are altered by climate change,
K. fluviatilis
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
K. fluviatilis
described above.

The remaining occurrences of
Kadua fluviatilis
are at risk. Numbers of occurrences and individuals are decreasing on Oahu and Kauai, from 16 occurrences to 3, and from over 1,000 individuals to about 500 individuals (HBMP 2010; OTFM 2014, in litt.). This species continues to be negatively affected by habitat modification and destruction by feral pigs and goats, stochastic events such as landslides, and direct competition from nonnative plants, combined with herbivory by nonnative ungulates. Climate change is likely to further exacerbate these threats. Because of these threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Kadua haupuensis
(NCN) is a shrub in the coffee family (Rubiaceae) (Lorence
et al.
2010, p. 137). There is no historical information for this species as it was recently discovered and described from one occurrence just below and along cliffs in an isolated area on southern Kauai, from 980 to 1,640 ft (300 to 500 m), in the lowland mesic ecosystem (TNCH 2007; Lorence
et al.
2010, pp. 137-144). Currently, however, there are no known extant individuals of
K. haupuensis;
the single natural occurrence is thought to be extirpated. Ten individuals were propagated from seed collected in 1999, with cuttings from these currently under cultivation. Seeds are in storage at NTBG's seed bank (Lorence 2015, in litt.).

Feral pigs modify and destroy the habitat of
Kadua haupuensis
on Kauai (Lorence
et al.
2010, p. 140). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Predation of fruits and seeds by rats is a threat. Landslides are an additional threat to this species at its last known occurrence. Nonnative plants, such as
Caesalpinia decapetala
(wait-a-bit),
Passiflora laurifolia
(yellow granadilla), and various nonnative grasses, modify and destroy native habitat, outcompete native plants, and are found at the last known location of
K. haupuensis.
The small number of remaining individuals limits this species' ability to adapt to environmental change. Because of these threats, we find that
K. haupuensis
is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Labordia lorenciana
(NCN) is a small tree in the Logania family (Loganiaceae) (Wood
et al.
2007, pp. 195-197). This species occurs on the island of Kauai at 3,800 ft (1,160 m), in forest in the montane mesic ecosystem (Wood
et al.
2007, pp. 197-198). Currently, there are four known individuals. Additional surveys for
L. lorenciana
have not been successful; however, experts believe this species may occur in other areas (Wood
et al.
2007, p. 198).

Labordia lorenciana
is at risk from habitat modification and destruction and herbivory by nonnative mammals, displacement of individuals through competition with nonnative plants, stochastic events, and problems associated with small populations. Feral pigs, goats, and black-tailed deer modify and destroy the habitat of
L. lorenciana
(Wood
et al.
2007, p. 198; Kishida 2015, in litt.). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction by these animals (Anderson
et al.
2007, in litt; HAR-DLNR 2010, in litt.). Predation of seeds by rats is a threat to this species (Wood
et al.
2007, p. 198). Habitat

destruction and modification by nonnative plants, and competition with nonnative plants including
Lantana camara, Passiflora tarminiana,

Psidium cattleianum,
and
Rubus argutus,
are a threat to
Labordia lorenciana,
as these nonnative plants have the ability to spread rapidly and cover large areas in the forest understory (Smith 1985, pp. 180-250; Vitousek
et al.
1987
in
Cuddihy and Stone 1990, p. 74; Wood
et al.
2007, p. 198). Randomly occurring natural events, such as landslides, flash floods, fallen tree limbs, and fire, are threats to
L. lorenciana
where it occurs on Kauai (Wood
et al.
2007, p. 198). This species experiences reduced reproductive vigor as there is no
in situ
seedling recruitment and a very small number of individuals remain (Wood
et al.
2007, p. 198). Infestation by the black twig borer (
Xylosandrus compactus
) is a threat to this species (Kishida 2015, in litt.). Because of these threats, we find that
L. lorenciana
is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Lepidium orbiculare
(anaunau) is a small, many-branched shrub in the mustard family (Brassicaceae) (St. John 1981, pp. 371-373; Wagner
et al.
1999, p. 409). This species occurs in mesic forest on the island of Kauai, in the lowland mesic ecosystem (Wagner
et al.
1999, p. 409; TNCH 2007; HBMP 2010; PEPP 2014, p. 34). Historically, this species was known from widely scattered occurrences on Kauai (Wagner
et al.
1999, p. 409). Currently, there is one occurrence of fewer than 50 individuals (Wagner
et al.
2012, p. 19; PEPP 2014, p. 34; Smithsonian Institution 2015, in litt.).

Feral pigs and goats have been documented to modify and destroy habitat of other rare and endangered native plant species at the same location on Kauai (Lorence
et al.
2010, p. 140; Kishida 2015, in litt.); therefore, we consider that activities of feral pigs and goats also pose a threat to
Lepidium orbiculare.
Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Melinis minutiflora
(molasses grass) and
Stachytarpheta jamaicensis
(Jamaica vervain), degrade native habitat, outcompete native plants, and are found at the last known location of
L. orbiculare
(HBMP 2010). Landslides are an additional threat to this species. Because there are fewer than 50 individuals,
L. orbiculare
experiences reduced reproductive vigor due to reduced levels of genetic variability, leading to diminished capacity to adapt to environmental changes, and thereby lessening the probability of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; PEPP 2014, p. 34).

The remaining occurrence of
Lepidium orbiculare
is at risk and the species continues to be negatively affected by the threats described above. Because of these threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Microlepia strigosa
var.
mauiensis
(NCN) is a terrestrial, medium-sized fern in the bracken fern family (Dennstaedtiaceae) (Palmer 2003, p. 186). Typical habitat for
M. strigosa
var.
mauiensis
is mesic to wet forest from 1,400 to 6,000 ft (425 to 1,830 m), in the lowland mesic (Oahu), montane mesic (Hawaii Island), and montane wet (Maui and Hawaii Island) ecosystems (Palmer 2003, p. 186; TNCH 2007: HBMP 2010). Little is known of the historical locations of
M. strigosa
var.
mauiensis;
however, it was wide-ranging on the islands of Hawaii, Maui, and Oahu (HBMP 2010). Currently,
M. strigosa
var.
mauiensis
is known from nine occurrences totaling fewer than 100 individuals on the islands of Oahu (about 40 individuals), Maui (fewer than 20 individuals on east and west Maui), and Hawaii (35 individuals last observed in 2004) (Palmer 2003, p. 186; Lau 2007, pers.comm.; Oppenheimer 2007 and 2008, in litt.; Welton 2008, in litt.; Ching 2011, in litt.; Ching Harbin 2015, in litt.; Oppenheimer 2015, in litt.).

Habitat modification and destruction by feral pigs and goats is a threat to
Microlepia strigosa
var.
mauiensis
(Oppenheimer 2007, in litt.; Bily 2009, in litt.; HBMP 2010). Herbivory by feral pigs is a threat to
M. strigosa
var.
mauiensis
(Oppenheimer 2007, in litt.; Bily 2009, in litt.; HBMP 2010). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Ageratina adenophora, Juncus acuminatus
(rush),
Plantago major
(broad-leaved plantain), and
Tibouchina herbacea,
degrade habitat and outcompete this variety on Maui (Oppenheimer 2007, in litt.). Hybridization with other species and varieties of
Microlepia
is a threat to this plant on Oahu and is compounded by the low number of individuals (Kawelo 2010, in litt.). Because of these threats, we find that this variety is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Myrsine fosbergii
(kolea) is a branched shrub or small tree in the myrsine family (Myrsinaceae) (Wagner
et al.
1999, p. 940). Typical habitat for this species on Oahu is
Metrosideros
-mixed native shrubland, from 2,200 to 2,800 ft (670 to 850 m) (Wagner
et al.
1999, p. 940; TNCH 2007; HBMP 2010). Typical habitat for this species on Kauai is
Metrosideros-Diospyros
(ohia-lama) lowland mesic forest and
Metrosideros-Cheirodendron
(ohia-olapa) montane wet forest, often on watercourses or stream banks, from 900 to 4,300 ft (270 to 1,300 m), in the lowland mesic, lowland wet, and montane wet ecosystems (TNCH 2007; HBMP 2010; Wagner
et al.
2012, p. 53).
Myrsine fosbergii
was historically known from the summit ridges of the Koolau Mountains of Oahu (HBMP 2010). This species was first collected on Kauai in 1987. Currently, on Oahu, there are fewer than 30 individuals in the Koolau Mountains (lowland mesic and lowland wet ecosystems) (HBMP 2010; OTFM 2014, in litt.; Reynolds 2015, in litt.; Sailer 2015, in litt.). Propagation attempts of the Oahu plants have been unsuccessful (Ching Harbin 2015, in litt.). On Kauai, this species was once widely scattered in the northwest and central areas, but is currently known from only 55 remaining individuals (Wood 2005e and 2007c, in litt.; HBMP 2010).

Myrsine fosbergii
is at risk from habitat modification and destruction by nonnative ungulates and plants. On Oahu, evidence of the activities of feral pigs has been reported at all summit occurrences (HBMP 2010). On Kauai, evidence of the activities of feral pigs has been reported at the remaining occurrence (Wood 2005e and 2007c, in litt.; HBMP 2010), and evidence of the activities of feral goats has also been reported (HBMP 2010). Herbivory by feral pigs and goats is a threat to
M. fosbergii
(Wood 2005e and 2007c, in litt.; HBMP 2010). Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.;

HAR-DLNR 2010, in litt.). Nonnative plants, such as
Axonopus fissifolius
(narrow-leaved carpetgrass),
Clidemia hirta, Erigeron karvinskianus,

Psidium cattleianum, P. guajava,
and
Rubus rosifolius,
compete with
M. fosbergii
and modify and destroy its native habitat on Oahu and Kauai (HBMP 2010). Hybridization is a threat to this species, as
M. fosbergii
hybridizes with other
Myrsine
species, and the number of non-hybrid individuals may actually be lower than estimated (Ching Harbin 2015, in litt.). Fortini
et al.
(2013, p. 82) found that, as environmental conditions are altered by climate change,
M. fosbergii
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
M. fosbergii
described above.

The remaining occurrences of
Myrsine fosbergii
are at risk from the threats described above. The effects of climate change are likely to exacerbate the threats described above. Because of these threats, we find that
M. fosbergii
is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Nothocestrum latifolium
(aiea) is a small tree in the nightshade family (Solanaceae) (Symon 1999, p. 1263). Typical habitat for this species is dry to mesic forest in the dry cliff (Kauai, Oahu, Lanai, and Maui), lowland dry (Oahu, Lanai, and Maui), and lowland mesic (Oahu, Molokai, Lanai, and Maui) ecosystems (TNCH 2007; HBMP 2010). Historically,
N. latifolium
was known from the Waianae Mountains of Oahu, Molokai, Lanai, and Maui (HBMP 2010; Sailer 2015, in litt.). This species was collected once on Kauai in 1986, but has not been observed there before or after that time (Symon 1999, p. 1263; BISH 504035-Montgomery; Williams 2015, in litt.). Currently, on the island of Oahu, there is one individual remaining, with only one of the other previously extant individuals represented in an ex situ collection (Moses 2006, in litt.; Starr 2006, in litt.; HBMP 2010; Kawakami 2010, in litt.; Kawelo 2010, in litt.; Welton 2010, in litt.; Ching 2011, in litt.; Ching Harbin 2015, in litt.; Sailer 2015, in litt.). On Molokai, there a few individuals on the central south slope (Oppenheimer 2015, in litt.). There are 18 occurrences totaling approximately 1,600 individuals on east and west Maui (Ching 2011, in litt.; HBMP 2010; Oppenheimer 2015, in litt.). On Lanai, no individuals were found during surveys in 2012, and this species may be extirpated from this island, although there are plans to continue surveying suitable habitat (PEPP 2012, p. 129; Oppenheimer 2015, in litt.). In summary, the species' range on each island has decreased dramatically since 2001 (Kawelo 2005 and 2010, in litt.; HBMP 2010; Oppenheimer 2011, in litt.).

Feral pigs (Oahu, Maui, Kauai), goats (Maui, Kauai), mouflon (Lanai), feral cattle (Maui), axis deer (Lanai, Maui), and black-tailed deer (Kauai) modify and destroy habitat of
Nothocestrum latifolium
(HBMP 2010; Oppenheimer 2015, in litt.). Herbivory by these animals also poses a threat to this species. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Fraxinus uhdei
(tropical ash),
Grevillea robusta
(silk oak),
Lantana camara, Leucaena leucocephala
(koa haole),
Melinis minutiflora, Passiflora suberosa
(huehue haole),
Schinus terebinthifolius,
and
Toona ciliata
(Australian red cedar), outcompete
N. latifolium
and modify and destroy habitat at all known occurrences. Wildfire, and fire caused by military training activities, is a threat to this species and its habitat (Sailer 2015, in litt.). Low numbers of individuals limits this species' ability to adapt to environmental change. Infestation by the black twig borer is a threat to
N. latifolium
(Ching Harbin 2015, in litt.). This species continues to decline, and, for unknown reasons, there is an observed lack of regeneration in
N. latifolium
in the wild (HBMP 2010; Duvall 2015, in litt.). Fortini
et al.
(2013, p. 83) found that, as environmental conditions are altered by climate change,
N. latifolium
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
N. latifolium
described above.

The remaining occurrences of
Nothocestrum latifolium
are at risk from the threats described above. Because of these threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Ochrosia haleakalae
(holei) is a tree in the dogbane family (Apocynaceae) (Wagner
et al.
1999, p. 218). Typical habitat for this species is dry to mesic forest, sometimes wet forest, and often lava, from 2,300 to 4,000 ft (700 to 1,200 m), in the dry cliff (Maui), lowland mesic (Maui and Hawaii Island), and montane mesic (Maui) ecosystems (Medeiros
et al.
1986, pp. 27-28; Wagner
et al.
1999, p. 218; TNCH 2007; HBMP 2010). Historically, this species was known from east Maui and Hawaii Island (HBMP 2010). Currently,
O. haleakalae
is known from 4 occurrences totaling about 15 individuals on the island of Maui (Medeiros 2007, in litt.; Oppenheimer 2008, in litt.; HBMP 2010; Oppenheimer 2015, in litt.). On Hawaii Island, there are two occurrences totaling at least 150 individuals in Hawaii Volcanoes National Park, with 150 outplanted in nearby kipuka (vegetated areas surrounded by lava flows), and one individual in the Laupahoehoe section of Hilo Forest Reserve (Pratt 2005, in litt.; Bio 2008a, in litt.; HBMP 2010; Pratt 2011, in litt.; Conry 2012, in litt.; Orlando 2015, in litt.; Perry 2015, in litt.).

Feral pigs and goats modify and destroy the habitat of
Ochrosia haleakalae
on Maui and Hawaii Island; in addition, cattle modify and destroy the habitat of this species on Maui (Medeiros 1995, in litt.; Pratt 2005, in litt.; Oppenheimer 2015, in litt.). Herbivory by these animals also poses a threat to this species. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plant species, such as
Cestrum diurnum
(day cestrum),
Fraxinus uhdei, Psidium cattleianum,

P. guajava, Rubus argutus,

Setaria palmifolia
(palmgrass), and
Toona ciliata,
modify and destroy habitat and outcompete native plants, including
O. haleakalae
(HBMP 2010). In dry areas, wildfires affecting the habitat of this species are exacerbated by the presence of introduced grass species such as
Pennisetum clandestinum
(kikuyu grass) (HBMP 2010; Oppenheimer 2015, in litt.). Herbivory and seed predation by slugs and rats is a threat to this species (Oppenheimer 2015, in litt.). There is low to no reproduction observed in the wild, and this reduced reproductive vigor is due to reduced levels of genetic variability resulting from low numbers of individuals. This decreases the

species' capacity to adapt to environmental changes, and thereby lessens the probability of its long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; Duvall 2015, in litt.). Fortini
et al.
(2013, p. 83) found that, as environmental conditions are altered by climate change,
O. haleakalae
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
O. haleakalae
described above.

Ochrosia haleakalae
is at risk from habitat degradation and loss by feral pigs, goats, cattle, and nonnative plants; the displacement of individuals due to competition with nonnative plants for space, nutrients, water, air, and light; herbivory by feral pigs, goats, and cattle; seed predation by slugs and rats; and by the small number of remaining individuals. The effects of climate change are likely to further exacerbate these threats. Because of these threats, we find that this species is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Phyllostegia brevidens
(NCN) is a scandent (climbing) subshrub in the mint family (Lamiaceae) (Wagner
et al.
1999, pp. 814-815). This species occurs in wet forest on the islands of Maui and Hawaii from 2,900 to 3,200 ft (880 to 975 m), in the lowland wet (Maui), montane wet (Hawaii Island), and wet cliff (Maui) ecosystems (Wagner
et al.
1999, pp. 814-815; TNCH 2007; HBMP 2010).
Phyllostegia brevidens
is historically known from Hilo Forest Reserve, Mauna Kea, and Kulani on Hawaii Island; and from Kipahulu Valley on Maui (Haleakala National Park) (Wagner
et al.
1999, p. 815; HBMP 2010; Smithsonian Institution 2015, in litt.). Currently, there is one individual on the island of Maui and two individuals on Hawaii Island (PEPP 2009, p. 90; Wagner
et al.
2012, p. 46; PEPP 2014, p. 136; Gates 2015, in litt.; Oppenheimer 2015, in litt.; Perry 2015, in litt.).

Feral pigs modify and destroy habitat of this species on Maui (PEPP 2014, p. 136). The two remaining individuals on Hawaii Island are currently fenced (Perry 2015, in litt.); however, owing to the potential for accidental damage or vandalism (irrespective of maintenance), fences do not guarantee protection from ungulate ingress. Herbivory by feral pigs also poses a threat to this species on Maui. Ungulates are managed in Hawaii as game animals, but public hunting does not adequately control the numbers of ungulates to eliminate habitat modification and destruction or herbivory by these animals (Anderson
et al.
2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants, such as
Clidemia hirta
and
Hedychium gardnerianum,
modify and destroy habitat and outcompete
P. brevidens
on Maui (PEPP 2009, p. 90). Herbivory by slugs is a threat to the remaining individual on Maui (PEPP 2014, p. 136). In addition, natural events such as landslides and erosion are threats to the occurrence on Maui (PEPP 2014, p. 136). The small number of remaining individuals limits this species' ability to adapt to environmental change. Fortini
et al.
(2013, p. 84) found that, as environmental conditions are altered by climate change,
P. brevidens
is unlikely to tolerate or adapt to projected changes in temperature and moisture, and is unlikely to be able to move to areas with more suitable climatic conditions. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the threats to
P. brevidens
described above.

The remaining occurrences of
Phyllostegia brevidens
are at risk. The species continues to be negatively affected by habitat modification and destruction by ungulates and nonnative plants, and by direct competition from nonnative plants, combined with herbivory by ungulates and slugs. The effects of climate change are likely to further exacerbate these threats. We find that
P. brevidens
is endangered throughout all of its range, and, therefore, find that it is unnecessary to analyze whether it is endangered or threatened in a significant portion of its range.

Phyllostegia helleri
(NCN) is a weakly erect to climbing shrub in the mint family (Lamiaceae) (Wagner
et al.
1999, pp. 816-817). This species occurs on ridges or spurs from 2,800 to 4,000 ft (860 to 1,200 m) in di

[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%3A2016-23112. Public record. Not legal advice.