Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species, and Not Prudent Determination for 2 Species, on Hawai'i Island

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2023-0017; FF09E21000 FXES1111090FEDR 234]

RIN 1018-BG65

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species, and Not Prudent Determination for 2 Species, on Hawai'i Island

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for 12 federally endangered species on the island of Hawai'i under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 122,277 acres (49,484 hectares) on the island of Hawai'i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation. We announce a public informational meeting and public hearing on, and the availability of a draft economic analysis for, this proposed designation. In addition, we announce our determination that designation of critical habitat is not prudent for two federally endangered species on the island of Hawai'i under the Act.

DATES:

Comment submission:

We will accept comments received or postmarked on or before May 30, 2023. Comments submitted electronically using the Federal eRulemaking Portal (see

ADDRESSES

, below) must be received by 11:59 p.m. eastern time on the closing date.

Public informational meeting and public hearing:

On April 20, 2023, we will hold a public informational meeting from 6 to 6:45 p.m. Hawai'i time, followed by a public hearing from 6:45 to 8 p.m. Hawai'i time. See

Public Informational Meeting and Hearing,

under

SUPPLEMENTARY INFORMATION

, below, for more information.

ADDRESSES:

Written comments:

You may submit comments by one of the following methods:

(1)

Electronically:

Go to the Federal eRulemaking Portal:

https://www.regulations.gov.

In the Search box, enter FWS-R1-ES-2023-0017, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on “Comment.”

(2)

By hard copy:

Submit by U.S. mail to: Public Comments Processing, Attn: FWS-R1-ES-2023-0017, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

We request that you send comments only by the methods described above. We will post all comments on

https://www.regulations.gov.

This generally means that we will post any personal information you provide us (see Information Requested, below, for more information).

Availability of supporting materials:

The draft recovery plan, 5-year status reviews, and other materials relating to this proposed critical habitat designation, including coordinates or plot points or both from which the maps are generated, are included in the decision file and are available at

https://www.regulations.gov

under Docket No. FWS-R1-ES-2023-0017.

Public informational meeting and public hearing:

We are holding the public informational meeting and public hearing via the Zoom online video platform and via teleconference so that participants can attend remotely. See

Public Informational Meeting and Hearing,

under

SUPPLEMENTARY INFORMATION

, below, for more information.

FOR FURTHER INFORMATION CONTACT:

Earl Campbell, Project Leader, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; telephone 808-792-9400. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule.

Under the Act, to the maximum extent prudent and determinable, we must designate critical habitat for any species that we determine to be an endangered or threatened species. Making a critical habitat determination can be completed only by issuing a rule through the Administrative Procedure Act rulemaking process (5 U.S.C. 551

et seq.

).

What this document does.

This rule proposes to designate approximately 122,277 acres (ac) (49,484 hectares (ha)) as critical habitat for 12 federally endangered species (11 plants, 1 insect) on the island of Hawai'i. We are also making a determination that designation of critical habitat is not prudent for 2 federally endangered species (1 plant, 1 crustacean) on the island of Hawai'i in the State of Hawaii. In this proposed rule, we are exempting from critical habitat designation for one of the plant species 22,730 ac (9,198 ha) of habitat on Department of Defense (DoD) lands that are subject to the Pōhakuloa Training Area (PTA) Integrated Natural Resources Management Plan (INRMP), which provides a conservation benefit to this species. In addition, in this document, we describe exclusions totaling 4,224 ac (1,710 ha) that we are considering making at the final rule stage, based on permitted and non-permitted plans and agreements.

The basis for our action.

Under section 4(a)(3) of the Act, if we determine that a species is an endangered or threatened species, the Secretary of the Interior (Secretary) must designate critical habitat to the maximum extent prudent and determinable. Section 3(5)(A) of the Act defines critical habitat as (i) the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protections; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. Section 4(b)(2) of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat.

Information Requested

We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other governmental agencies; the Native Hawaiian community; Native American Tribes; the scientific community; industry; or

any other interested parties concerning this proposed rule.

Comments on the Determination That Designation of Critical Habitat Is Not Prudent for Two Species Addressed in This Proposed Rule

We particularly seek comments concerning:

(1) Information regarding our determination that designating critical habitat for the

Pritchardia lanigera

and

Vetericaris chaceorum

is not prudent.

Comments on the Proposed Critical Habitat Designation

For the 12 species for which we are proposing to designate critical habitat, we particularly seek comments concerning:

(1) Specific information on:

(a) The amount and distribution of the species' habitat;

(b) Any additional areas occurring within the range of the species that should be included in the designation because they (i) are occupied at the time of listing and contain the physical or biological features that are essential to the conservation of the species and that may require special management considerations, or (ii) are unoccupied at the time of listing and are essential for the conservation of the species;

(c) Special management considerations or protection that may be needed in the critical habitat areas we are proposing, including managing for the potential effects of climate change; and

(d) To evaluate the potential to include areas not occupied at the time of listing, we particularly seek comments regarding whether occupied areas are adequate for the conservation of the species. Additionally, please provide specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species. We also seek comments or information regarding whether areas not occupied at the time of listing qualify as habitat for the species.

(2) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.

(3) Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the related benefits of including or excluding specific areas.

(4) Information on the extent to which the description of probable economic impacts in the draft economic analysis (DEA) is a reasonable estimate of the likely economic impacts and any additional information regarding probable economic impacts that we should consider.

(5) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act. If you think we should exclude any additional areas, please provide information supporting a benefit of exclusion. We particularly seek comments on the exclusion from critical habitat designation of those areas addressed by a conservation program or plan. These may include Federal, Tribal, State, county, local, or private lands with permitted conservation plans covering the species in the area, such as habitat conservation plans, safe harbor agreements, or conservation easements, or nonpermitted conservation agreements and partnerships that would be encouraged by designation of or exclusion from critical habitat. Detailed information regarding these plans, agreements, easements, and partnerships is also requested, including:

(a) The location and size of lands covered by the plan, agreement, easement, or partnership;

(b) The duration of the plan, agreement, easement, or partnership;

(c) Who holds or manages the land;

(d) What management activities are conducted;

(e) What land uses are allowable; and

(f) If management activities are beneficial to the species and its habitat.

(6) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.

Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include.

Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, do not provide substantial information necessary to support a determination. Section 4(b)(2) of the Act directs that the Secretary shall designate critical habitat on the basis of the best scientific data available.

You may submit your comments and materials concerning this proposed rule by one of the methods listed in

ADDRESSES

. We request that you send comments only by the methods described in

ADDRESSES

. If you submit information via

https://www.regulations.gov,

your entire submission—including any personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on

https://www.regulations.gov.

Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on

https://www.regulations.gov.

Because we will consider all comments and information we receive during the comment period, our final determinations may differ from this proposal. Based on the new information we receive (and any comments on that new information), our final designations may not include all areas proposed, may include some additional areas that meet the definition of critical habitat, or may exclude some areas if we find the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species.

Public Informational Meeting and Public Hearing

We will hold a public informational meeting and public hearing on the date and at the times listed in

DATES

. We are holding the public informational meeting and public hearing via the Zoom online video platform and via teleconference so that participants can attend remotely. To listen and view the meeting and hearing via Zoom, listen to the meeting and hearing by telephone, or provide oral public comments at the public hearing via Zoom or by telephone, you must register. For information on how to register, or if you encounter problems joining Zoom the day of the meeting, visit

https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g.

Registrants will receive the Zoom link and the telephone number for the public informational meeting and public hearing. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials (

https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials

) prior

to the public informational meeting and public hearing.

At the public informational meeting, the Service will provide an overview of the proposed rule and describe the procedures for submitting comments. The public informational meeting will provide an opportunity for dialogue with the Service, but it will not be an opportunity to provide verbal comments on the proposed rule; that opportunity is only available at the public hearing. At the public hearing, the Service will provide interested persons an opportunity to present verbal testimony (formal, oral comments) on this proposed rule. The purpose of the public hearing is to provide a forum for accepting formal verbal testimony that will be recorded and transcribed and become part of the record for this proposed rule. In the event there is a large attendance at the public hearing, the Service may limit the time allotted for verbal testimony. Therefore, anyone wishing to provide verbal testimony at the public hearing is also encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking Portal or by U.S. mail (see

ADDRESSES

, above). There are no limits on the length of written comments submitted to us. Again, anyone wishing to provide verbal testimony at the public hearing must register before the hearing (

https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g

). The use of virtual public hearings is consistent with our regulations at 50 CFR 424.16(c)(3).

Reasonable Accommodation

The Service is committed to providing access to the public informational meeting and public hearing for all participants. Closed captioning will be available during the public informational meeting and public hearing. Further, a full audio and video recording and transcript of the public hearing will be posted online at

https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research

after the hearing. Participants will also have access to live audio during the public informational meeting and public hearing via their telephone or computer speakers. Persons with disabilities requiring reasonable accommodations to participate in the meeting and/or hearing should contact the person listed under

FOR FURTHER INFORMATION CONTACT

at least 5 business days prior to the date of the meeting and hearing to help ensure availability. An accessible version of the Service's public informational meeting presentation will also be posted online at

https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research

prior to the meeting and hearing (see

DATES

, above). See

https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research

for more information about reasonable accommodation.

Peer Review

In accordance with our joint policy on peer review published in the

Federal Register

on July 1, 1994 (59 FR 34270), and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we will seek the expert opinions of at least three appropriate and independent specialists regarding this proposed rule. The purpose of such review is to ensure that our proposed critical habitat designation is based on scientifically sound data, assumptions, and analyses. We will invite these peer reviewers to comment, during the public comment period, on the specific assumptions and conclusions regarding the proposed designations of critical habitat. We will consider all comments and information we receive during the comment period on this proposed rule during our preparation of a final rule. Accordingly, our final decisions may differ from this proposal.

Previous Federal Actions

On October 17, 2012, we published in the

Federal Register

(77 FR 63928) a proposed rule to list 15 species, including the 14 species that are the subjects of this proposed rule, on the island of Hawai'i as endangered species under the Act. On October 29, 2013, we published in the

Federal Register

(78 FR 64638) a final rule to list those 15 species as endangered species. See the October 17, 2012, proposed rule for information on previous Federal actions concerning the 14 species that are the subjects of this proposed rule.

In the October 27, 2012, proposed rule (77 FR 63928), we found that critical habitat was prudent but not determinable for the 14 species that are the subject of this proposed rule.

On October 28, 2019, the Center for Biological Diversity (CBD) filed a complaint in the U.S. District Court, District of Hawaii (Case No. 1:19-cv-00588), challenging the failure of the Service to designate critical habitat for the 14 species (consisting of 12 plants (

Bidens hillebrandiana

ssp.

hillebrandiana, Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Pritchardia lanigera, Schiedea diffusa

ssp.

macraei, Schiedea hawaiiensis,

and

Stenogyne cranwelliae

) and 2 animals (

Drosophila digressa

and

Vetericaris chaceorum

)) within 1 additional year from the date of the proposed listing. We entered into a settlement agreement approved by the court on March 6, 2020, requiring that by February 28, 2023, we submit to the

Federal Register

, for publication, a determination concerning the designation of critical habitat for the 14 species and a proposed rule for any species for which the designation of critical habitat is prudent and determinable; the submission for publication of this proposed rule complies with the settlement agreement.

Background

For species with Hawaiian common names, we prefer to, and will, include Hawaiian language spellings, including diacritical marks, to the degree possible and appropriate in the preambles of our

Federal Register

documents. For the text to be codified in the Code of Federal Regulations (CFR), however, we will omit diacritical marks to ensure that no errors are inadvertently incorporated during the codification process.

We provide a brief description for each of the 14 species addressed in this proposed rule, below.

Bidens hillebrandiana

ssp.

hillebrandiana

(ko'oko'olau), a short-lived perennial herb in the sunflower family (Asteraceae), occurs only on the island of Hawai'i (Ganders and Nagata 1999, pp. 275-276). Historically,

B. hillebrandiana

ssp.

hillebrandiana

was known from two locations along the windward Kohala coastline, in the coastal and dry cliff ecosystems, often along rocks just above the ocean (Degener and Wiebke 1926, in litt.; Flynn 1988, in litt.).

Cyanea marksii

(ha

ha

), a short-lived perennial palmlike shrub in the bellflower family (Campanulaceae), is found only on the island of Hawai'i. Historically,

C. marksii

was known from the Kona district, in the lowland wet and montane wet ecosystems (Lammers 1999, p. 457; Hawai'i Biodiversity Mapping Program (HBMP) database 2010b).

Cyanea tritomantha

('aku

), a short-lived perennial palmlike shrub in the bellflower family (Campanulaceae), is known only from the island of Hawai'i (Pratt and Abbott 1997, p. 13; Lammers 2004, p. 89). Historically, this species was known from the windward slopes of Mauna Kea, Mauna Loa, Ki

lauea, and the Kohala Mountains, in the lowland wet, montane wet, and wet cliff ecosystems (Pratt and Abbott 1997, p. 13).

Cyrtandra nanawaleensis

(ha'iwale), a short-lived perennial shrub or small tree in the African violet family (Gesneriaceae), is known only from the island of Hawai'i (Wagner and Herbst 2003, p. 29; Wagner et al. 2005a). Historically,

C. nanawaleensis

was known only from the lowland wet ecosystems in the Puna district (St. John 1987, p. 500; Wagner et al. 1988, in litt.; HBMP 2010d).

Cyrtandra wagneri

(ha'iwale), a short-lived perennial shrub or small tree in the African violet family (Gesneriaceae), occurs only on the island of Hawai'i (Lorence and Perlman 2007, p. 357). Historically,

C. wagneri

was known in the lowland wet ecosystem along the northeast side of the island (Lorence and Perlman 2007, p. 359).

Melicope remyi

(no common name), a long-lived perennial shrub or shrubby tree in the rue family (Rutaceae), occurs only on the island of Hawai'i (Stone et al. 1999, p. 1210; Service 2010, pp. A-11, 4-74). Historically,

M. remyi

was known from a few scattered individuals on the windward slopes of the Kohala Mountains and several small populations on the windward slopes of Mauna Kea, in the lowland wet and montane wet ecosystems (Stone et al. 1999, p. 1210; HBMP 2010f). We will refer to

Melicope remyi

by this name in this proposed rule; this plant is currently listed as

Platydesma remyi,

but we recently published a direct final rule (88 FR 7134; February 2, 2023) to correct the scientific name to

Melicope remyi

on the List of Endangered and Threatened Plants.

Phyllostegia floribunda

(no common name), a short-lived perennial subshrub in the mint family (Lamiaceae), is found only on the island of Hawai'i (Wagner 1999, p. 268; Wagner et al. 1999a, p. 815). Historically,

P. floribunda

was reported in the lowland wet, montane mesic, and montane wet ecosystems at scattered sites along the eastern side of the island.

Pittosporum hawaiiense

(ho

'awa, ha

'awa), a small, long-lived perennial tree in the pittosporum family (Pittosporaceae), is known only from the island of Hawai'i (Wagner et al. 1999b, p. 1,044). Historically,

P. hawaiiense

was known from the leeward side of the island, from the Kohala Mountains south to Ka'u

, in the lowland mesic, montane mesic, and montane wet ecosystems (Wagner et al. 1999b, p. 1,044).

Pritchardia lanigera

(loulu), a medium-sized, long-lived perennial tree in the palm family (Arecaceae), is found only on the island of Hawai'i (Read and Hodel 1999, p. 1,371; Hodel 2007, pp. 10, 24-25). Historically,

P. lanigera

was known from the Kohala Mountains, Ha

ma

kua district, windward slopes of Mauna Kea, and southern slopes of Mauna Loa, in the lowland mesic, lowland wet, montane wet, and wet cliff ecosystems (Read and Hodel 1999, p. 1,371; National Park Service 2015, pp. 467-468)

Schiedea diffusa

ssp.

macraei

(no common name), a short-lived perennial climbing herb in the pink family (Caryophyllaceae), is reported only from the island of Hawai'i (Wagner et al. 2005b; Wagner et al. 2005c, p. 106). Historically,

S. diffusa

ssp.

macraei

was known from the Kohala Mountains, the windward slopes of Mauna Loa, and the Olaa Tract of Hawai'i Volcanoes National Park, in the montane wet ecosystem (Perlman et al. 2001, in litt.; Wagner et al. 2005c, p. 106; HBMP 2010g).

Schiedea hawaiiensis

(ma

'oli'oli), a short-lived perennial herb in the pink family (Caryophyllaceae), is known only from the island of Hawai'i (Wagner et al. 2005c, pp. 92-96). Historically,

S. hawaiiensis

was known from a single site between Mauna Loa and Mauna Kea mountains in the montane dry ecosystem (Hillebrand 1888, p. 33; Wagner et al. 2005c, pp. 92-96).

Stenogyne cranwelliae

(no common name), a short-lived perennial vine in the mint family (Lamiaceae), is known only from the island of Hawai'i. Historically,

S. cranwelliae

was known from the Kohala Mountains, in the montane wet and wet cliff ecosystems (Weller and Sakai 1999, p. 837).

Drosophila digressa

(Hawaiian picture-wing fly), a member of the family Drosophilidae, is found only on the island of Hawai'i and historically known from five locations on the island in elevations ranging from approximately 2,000 to 4,500 ft (610 to 1,370 m), in the lowland mesic, montane mesic, and montane wet ecosystems (Hardy and Kaneshiro 1968, p. 182; Montgomery 1975, p. 95; Magnacca 2012, pers. comm.). This species is small, with adults ranging in size from 0.15 to 0.19 in (4.0 to 5.0 mm) in length. Adults are brownish yellow in color and have yellow-colored legs and hyaline (shiny-clear) wings with prominent brown spots. Like many endemic Hawaiian Drosophilidae species,

D. digressa

are highly host-plant-specific (Magnacca et al. 2008, p. 1), relying on the decaying stems of

Charpentiera

spp.,

Ceodes brunoniana

(previously known as

Pisonia brunoniana

), and

Rockia sandwicensis

(previously known as

Pisonia sandwicensis

) for reproduction and larval substrate (Magnacca et al. 2008, pp. 11, 13; Magnacca 2012, pers. comm.).

Vetericaris chaceorum

(anchialine pool shrimp), a small shrimp in the family Procarididae, is endemic to anchialine pools. These pools are coastal land-locked bodies of water that have underground hydrological connections to the ocean, contain varying levels of salinity, and show tidal fluctuations in water level.

Vetericaris chaceorum

is one of seven described species of hypogeal (underground) shrimp found in the Hawaiian Islands that occur in anchialine pools (Brock 2004, p. 6) and is relatively large in size for a hypogeal shrimp species; adult

V. chaceorum

measure approximately 2.0 in (5.0 cm) in total body length, excluding the primary antennae, which are approximately the same length as the adult's body length (Kensley and Williams 1986, p. 419). The species lacks large chelapeds (claws) (Kensley and Williams 1986, p. 426), which are a key diagnostic characteristic of all other known shrimp species.

Vetericaris chaceorum

is largely devoid of pigment and lacks eyes, although eyestalks are present (Kensley and Williams 1986, p. 419).

Additional information about the descriptions of each species' occurrence can be found in the proposed (77 FR 63928, October 17, 2012) and final (78 FR 64638, October 29, 2013) listing rules for these species.

Critical habitat is defined in section 3 of the Act as:

(1) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features:

(a) Essential to the conservation of the species, and

(b) Which may require special management considerations or protection; and

(2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Our regulations at 50 CFR 424.02 define the geographical area occupied by the species as an area that may generally be delineated around species' occurrences, as determined by the Secretary (

i.e.,

range). Such areas may include those areas used throughout all or part of the species' life cycle, even if not used on a regular basis (

e.g.,

migratory corridors, seasonal habitats, and habitats used periodically, but not solely by vagrant individuals).

Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

Critical habitat receives protection under section 7 of the Act through the requirement that Federal agencies ensure, in consultation with the Service, that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation also does not allow the government or public to access private lands. Such designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. Where a landowner requests Federal agency funding or authorization for an action that may affect a listed species or critical habitat, the Federal agency would be required to consult with the Service under section 7(a)(2) of the Act. However, even if the Service were to conclude that the proposed activity would likely result in destruction or adverse modification of the critical habitat, the Federal action agency and the landowner are not required to abandon the proposed activity, or to restore or recover the species; instead, they must implement “reasonable and prudent alternatives” to avoid destruction or adverse modification of critical habitat.

Under the first prong of the Act's definition of critical habitat, areas within the geographical area occupied by the species at the time it was listed are included in a critical habitat designation if they contain physical or biological features (1) which are essential to the conservation of the species and (2) which may require special management considerations or protection. For these areas, critical habitat designations identify, to the extent known using the best scientific and commercial data available, those physical or biological features that are essential to the conservation of the species (such as space, food, cover, and protected habitat).

Under the second prong of the Act's definition of critical habitat, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the

Federal Register

on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.

When we are determining which areas should be designated as critical habitat, our primary source of information is generally the information from the species status reports and information developed during the listing process for the species. Additional information sources may include any generalized conservation strategy, criteria, or outline that may have been developed for the species; the recovery plan for the species; articles in peer-reviewed journals; conservation plans developed by States and counties; scientific status surveys and studies; biological assessments; other unpublished materials; or experts' opinions or personal knowledge.

Habitat is dynamic, and species may move from one area to another over time. We recognize that critical habitat designated at a particular point in time may not include all of the habitat areas that we may later determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not be needed for recovery of the species. Areas that are important to the conservation of the species, both inside and outside the critical habitat designation, will continue to be subject to: (1) Conservation actions implemented under section 7(a)(1) of the Act; (2) regulatory protections afforded by the requirement in section 7(a)(2) of the Act for Federal agencies to ensure their actions are not likely to jeopardize the continued existence of any endangered or threatened species; and (3) the prohibitions found in section 9 of the Act. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. These protections and conservation tools will continue to contribute to recovery of the species. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available at the time of those planning efforts calls for a different outcome.

Prudency Determination

Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12) require that, to the maximum extent prudent and determinable, the Secretary shall designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary may, but is not required to, determine that a designation would not be prudent in the following circumstances:

(i) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species;

(ii) The present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or threats to the species' habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act;

(iii) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States;

(iv) No areas meet the definition of critical habitat; or

(v) The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available.

We are not aware of any threats to

Drosophila digressa, Bidens hillebrandiana

ssp.

hillebrandiana, Cyanea marksii, Cyanea tritomantha,

Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Schiedea hawaiiensis,

and

Stenogyne cranwelliae

that would be attributed to overutilization for commercial, recreational, scientific, or educational purposes. There is no documentation that these species are threatened by taking or other human activity, and we conclude there is currently no imminent threat of collection or vandalism identified for these species. Further, identification and mapping of critical habitat for these species is not expected to result in collection or vandalism. In our species reports and 2013 listing determination (78 FR 64638; October 29, 2013), we determined that the present or threatened destruction, modification, or curtailment of habitat or range is a threat for these 12 species. These 12 species occur wholly in the jurisdiction of the United States, and we are able to identify areas that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) have been met and because the Secretary has not identified other circumstances for which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for these 12 species.

When we listed

Pritchardia lanigera

and

Vetericaris chaceorum

as endangered (78 FR 64638; October 29, 2013, pp. 63978-63978) we had reason to believe that designation of critical habitat was prudent for these two species at that time; however, new information has become available highlighting a new threat to these two species in the form of collection and overutilization, as detailed below, that now make identification and mapping of critical habitat likely to increase the threat of collection. Designation of critical habitat requires the publication of maps and a narrative description of specific critical habitat areas in the

Federal Register

. The degree of detail in those maps and boundary descriptions would be greater than the general location descriptions provided in the 2013 final rule to list

P. lanigera

and

V. chaceorum

(78 FR 64638; October 29, 2013). Designation of critical habitat would more widely announce the exact locations of these two species to collectors. The publication of maps and descriptions outlining the locations of the species would likely further facilitate unauthorized collection and trade, as collectors would know the exact locations where these species occur.

Pritchardia

species have become one of the most widely cultivated ornamental palm genera in the world (78 FR 64638; October 29, 2013). There are a number of websites that offer

Pritchardia

plants and seeds for sale, including 22 species of Hawaiian

Pritchardia.

Twelve of these species are federally protected, including

P. lanigera

(Shirey et al. 2013, p. 307; Weisenberger 2023, pers. comm.).

Pritchardia

species are tall, they can be visible from afar, and they are attractive to collectors of rare palms for their personal use or to trade or sell for personal gain (Shirey et al. 2013, p. 301-302). Distinguishing

Pritchardia

species from one another can be difficult, thus collection activities targeting

Prichardia

species, in general, has potential to also increase collection of

P. lanigera

(Weisenberger 2023, pers. comm.). Based on the collections of Hawaiian

Pritchardia

plants and seeds and the market for these collected specimens,

P. lanigera

are now vulnerable to overharvesting, with collection of

P. lanigera

posing a serious and ongoing threat to the species (Weisenberger 2023, pers. comm.). Although at the time of listing known locations of

P. lanigera

were extremely difficult to access (77 FR 63928, October 17, 2012, p. 63978), recent surveys have identified more accessible populations of

P. lanigera

and conservation management actions have increased accessibility in some instances (Weisenberger 2023, pers. comm.). Because of the narrow range, life history traits, and small population size of this species, any collection poses a threat to the species.

Coincidentally after listing

V. chaceorum

as endangered (78 FR 64638; October 29, 2013, pp. 63978-63978), popularity in the aquarium trade of another Hawaiian anchialine shrimp species,

Halocaridina rubra,

increased. This increase in collection activities of

Halocaridina rubra

has resulted in a risk to

V. chaceorum,

due to these two species sharing a similar appearance and habitat preferences. In the past several years,

Halocaridina rubra,

commonly called the Hawaiian red shrimp or volcano shrimp, has been increasingly prized by aquarists and companies in the pet trade industry worldwide (Yamamoto et al. 2015, p. 83). These anchialine shrimp are sought because of their ability to live in hermetically sealed containers (Yamamoto et al. 2015, p. 83) and as live feed for seahorses (Yamamoto et al. 2015, p. 83). While the shrimp that are being harvested are primarily

H. rubra,

which is not endangered, as the popularity of this business increases, there is risk that the endangered

Vetericaris chaceorum

may either intentionally or accidentally be harvested and become part of the aquarium trade. Collectors may target

V. chaceorum

due to its similar appearance, rarity and aesthetic, or collectors attempting to harvest the

H. rubra

that occur in the same pools as

V. chaceorum

may accidentally harvest both species (Sakihara 2012, entire). Because this shrimp is so rare, a single person with a hand-net could do irreparable damage to a population of

V. chaceorum

(Yamamoto 2015, pers. comm.). Despite the prohibition on collecting within Natural Area Reserves and the permitting process for collection elsewhere, the collection of

V. chaceorum

is considered an ongoing threat because collection can occur at any time owing to a lack of available resources for patrolling or other monitoring or enforcement at the pools where

V. chaceorum

occur.

Designating critical habitat would increase human threats to

Pritchardia lanigera

and

Vetericaris chaceorum

by increasing the vulnerability of these species to unauthorized collection and trade through public disclosure of their locations. The publication of maps and a specific narrative description outlining the locations of this species within critical habitat units in the

Federal Register

, as well as any associated publication of such information in local newspapers and on special interest websites, would facilitate unauthorized collection and trade by detailing the exact locations where

P. lanigera

and

V. chaceorum

occur. Publishing specific location information would provide a high level of assurance that any person going to a specific location would be able to successfully locate and collect specimens. Designating critical habitat could negate the current efforts of State and local conservation agencies to restrict access to location information that could significantly affect future efforts to control the threat of unauthorized collection and trade.

Summary of Prudency Determination for Pritchardia lanigera and Vetericaris chaceorum

We have determined that designating critical habitat for

Pritchardia lanigera

and

Vetericaris chaceorum

is not prudent. Designation of critical habitat would increase the threats to these species from unauthorized collection and trade. Due to the willingness of individuals to collect these species without authorization, we have

determined that any action that publicly discloses the location of

P. lanigera

and

V. chaceorum

(such as critical habitat) puts these species in further peril. Many populations of these two species are small. One of the basic measures to protect

P. lanigera

and

V. chaceorum

from unauthorized collection and trade is restricting access to information about the location of the species' populations. Publishing maps and narrative descriptions of critical habitat for these two species would significantly affect our ability to reduce the threat of unauthorized collection and trade. We have, therefore, determined in accordance with 50 CFR 424.12(a)(1) that it is not prudent to designate critical habitat for

P. lanigera

and

V. chaceorum.

Physical or Biological Features Essential to the Conservation of the Species

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas we will designate as critical habitat from within the geographical area occupied by the species at the time of listing, we consider the physical or biological features that are essential to the conservation of the species and which may require special management considerations or protection. The regulations at 50 CFR 424.02 define “physical or biological features essential to the conservation of the species” as the features that occur in specific areas and that are essential to support the life-history needs of the species, including, but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkaline soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary early-successional habitat characteristics. Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or absence of a particular level of nonnative species consistent with conservation needs of the listed species. The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species.

In considering whether features are essential to the conservation of the species, we may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the life-history needs, condition, and status of the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing (or development) of offspring; and habitats that are protected from disturbance.

In this proposed rule, the physical or biological features are based on the features of the six ecosystem types on which the 11 plant (

Bidens hillebrandiana

ssp.

hillebrandiana, Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Schiedea hawaiiensis, Stenogyne cranwelliae

) and 1 animal (

Drosophila digressa

) species depend (see table 1, below). These six ecosystems are coastal, dry forest, mesic forest, wet forest, mesic grassland and shrubland, and wet grassland and shrubland; we summarize the descriptions of these ecosystems and our source for the descriptions below. The physical or biological features essential to the conservation of the species identified in this proposed rule are those features required for the successful functioning of the ecosystem in which these species occur or have historically occurred (see table 2, below). Although critical habitat is identified for each species individually, we have found that the conservation of each depends, at least in part, on the successful functioning of the commonly shared ecosystem. Ecosystem parameters include elevation, precipitation, substrate, and associated native plant genera. These ecosystem parameters describe the species-specific physical or biological features of the functioning ecosystems on which these listed species depend. For example, the associated native plant genera described as physical or biological features for these 12 listed species are representative of the native plant genera that occur in the functioning ecosystems on which these 12 species depend, and as such, the occurrence of these native plant genera indicate functioning native ecosystems that provide the fundamental biological requirements for the listed species in these areas. Additionally,

Drosophila digressa

relies on native plant genera, specifically

Charpentiera, Rockia,

and

Ceodes,

as native plant host resources, and without which this species would be highly vulnerable to mortality, reproductive failure, and cyclical population variation related to fluctuations in breeding resources (Magnacca et al. 2008, p. 32).

Coastal (as Described by Kim et al. 2020, p. 2)

Coastal ecosystems are defined as near-shore areas that are impacted by the ocean and generally occur within 328 feet (ft) (100 meters (m)) of high tide up to 984 ft (300 m) in elevation. Coastal ecosystems are found on all the main Hawaiian Islands and include coastal dry herblands, coastal dry grasslands, coastal mixed communities, coastal dry shrublands, coastal dry forests, and coastal wet-mesic forests. Coastal substrate includes well-drained talus, calcareous slopes, and dunes. Annual precipitation ranges from less than 47 inches (in) (120 centimeters (cm)) in coastal dry to 47 to 98 in (120 to 250 cm) in coastal mesic, and to more than 98 in (250 cm) in coastal wet ecosystem.

Bidens hillebrandiana

ssp.

hillebrandiana

is the only species addressed in this proposed rule known to occupy the coastal ecosystem.

Dry Forest (as Described by Javar-Salas et al. 2020, p. 2)

Dry forest ecosystems are found on all of the main Hawaiian Islands and include lowland dry forest and montane-alpine dry forest. Dry forest is found from 0 to 9,500 ft (0 to 2,900 m). Annual precipitation ranges from 12 to 79 in (30 to 200 cm). Substrates are generally well-drained, sandy loams from volcanic ash or cinder and weathered basaltic lava in lowland dry forest to well-drained, loams from volcanic ash, cinder, and weathered basaltic lava in montane-alpine dry forest.

Schiedea hawaiiensis

is the only species addressed in this proposed rule known to occupy the dry forest ecosystem.

Mesic Forest (as Described by Lowe et al. 2020, pp. 2-7)

Mesic forest ecosystems include lowland mesic forest and montane subalpine mesic forest. Elevation ranges from 98 to 5,249 ft (30 to 1,600 m) in lowland mesic forest to 2,953 to 6,562 ft (900 to 2,000 m) in montane subalpine mesic forest. Annual precipitation

ranges from 39 to 150 in (100 to 380 cm) in montane subalpine to 47 to 150 in (120 to 380 cm) in lowland mesic forest. Substrates are generally well-drained and include rocky, shallow, organic muck soils; steep rocky talus soils; shallow soils over weathered rock in steep gulches; deep soils over soft weathered rock; and gravelly alluvium. The plants

Cyrtandra nanawaleensis, Phyllostegia floribunda,

and

Pittosporum hawaiiense

addressed in this proposed rule are found in the mesic forest ecosystem. The picture-wing fly,

Drosophila digressa,

addressed in this proposed rule is also found in the mesic forest ecosystem.

Wet Forest (as Described by Clark et al. 2020, p. 2)

Wet forest ecosystems include lowland rainforest, montane rainforest, and montane cloud forest. Elevation ranges from 328 to 3,937 ft (100 to 1,200 m) in lowland rainforest; 2,700 to 7,218 ft (823 to 2,200 m) in montane rainforest; and 2,461 to 6,070 ft (750 to 1,830 m) in montane cloud forest. Annual precipitation is greater than 98 in (250 cm). Substrates range from very weathered soils to rocky substrate with classes of undeveloped and developed soil substrates formed from basalt lava. The plants

Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Melicope remyi, Schiedea diffusa

ssp.

macraei,

and

Stenogyne cranwelliae

addressed in this proposed rule are found in the wet forest ecosystem.

Drosophila digressa

is also found in the wet forest ecosystem.

Mesic Grassland and Shrubland (as Described by Ball et al. 2020, p. 2)

Mesic grassland and shrubland ecosystems include lowland mesic shrubland, subalpine mesic shrubland, montane-subalpine mesic grassland, and lowland mesic grassland. Elevation ranges from 98 to 7,546 ft (30 to 2,300 m). Annual precipitation ranges from 39 to 98 in (100 to 250 cm). Substrates generally include shallow soils that frequently dry with rocky outcrops.

Cyrtandra nanawaleensis

is the only species addressed in this proposed rule known to occupy the mesic grassland and shrubland ecosystem.

Wet Grassland and Shrubland (as Described by Nelson et al. 2020, p. 3)

Wet grassland and shrubland ecosystems include native wet sedge and grassland and native wet cliff and crest shrubland. Elevation ranges from 656 to 2,953 ft (200 to 900 m). Annual precipitation ranges from 98 to 197 in (250 to 500 cm). Substrates range from older, weathered soils to younger, rocky substrates. The plants

Cyanea tritomantha

and

Phyllostegia floribunda

addressed in this proposed rule are found in the wet grassland and shrubland ecosystem.

Summary of Essential Physical or Biological Features

We derive the specific physical or biological features essential to the conservation of the 12 species from studies of the species' habitat, ecology, and life history as described below. Additional information about the ecosystems containing these physical or biological features and descriptions of each species' occurrence within these ecosystems can be found in the proposed (77 FR 63928, October 17, 2012) and final (78 FR 64638, October 29, 2013) listing rules for these species. Each species identified in this rule requires the physical or biological features for each ecosystem in which that species occurs, as noted in table 1. Table 2, below, identifies the physical or biological features of a functioning ecosystem for each of the ecosystem types identified in this proposed rule. The physical or biological features are defined here by elevation, annual levels of precipitation, substrate type, and the characteristic native plant genera that are found in the canopy, subcanopy, and understory levels of the vegetative community where applicable. Due to our limited knowledge of the specific life-history requirements for the species that are little-studied and occur in remote and inaccessible areas, the physical or biological features described in this document that provide for the successful function of the ecosystem that is essential to the conservation of the species represents the best, and, in many cases, the only, scientific information available. Accordingly, the physical or biological features of a functioning ecosystem are, at least in part, the physical or biological features essential to the conservation of these 12 species.

Table 1—Twelve Species and Applicable Ecosystems

[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana and Schiedea hawaiiensis are found in multiple ecosystems.]

Ecosystem

Species

Coastal

Bidens hillebrandiana

ssp.

hillebrandiana

.

Dry Forest

Schiedea hawaiiensis

.

Mesic Forest

Cyrtandra nanawaleensis, Phyllostegia floribunda, Pittosporum hawaiiense, Drosophila digressa

.

Wet Forest

Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Drosophila digressa, Phyllostegia floribunda, Pittosporum hawaiiense, Melicope remyi, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

.

Mesic Grassland and Shrubland

Cyrtandra nanawaleensis

.

Wet Grassland and Shrubland

Cyanea tritomantha, Phyllostegia floribunda

.

Table 2—Physical or Biological Features for Each Ecosystem Upon Which the 12 Species Depend

[Read in association with table 1]

Ecosystem

Elevation

Annual

precipitation

Substrate

Contain one or more of these associated native plant genera

Canopy

Subcanopy

Understory

Coastal

<980 ft (<300 m)

<47 to >98 in (<120 cm to >250 cm)

well-drained talus, calcareous slopes, dunes

Diospyros, Metrosideros, Myoporum, Pritchardia

Chenopodium, Gossypium, Heliotropium, Santalum, Scaevola

Eragrostis, Sesuvium, Sida, Sporobolus.

Dry Forest

<9,500 ft (<2,900 m)

<79 in (<200 cm)

well-drained, sandy loams or loams from volcanic ash or cinder; weathered basaltic lava

Acacia, Colubrina, Diospyros, Erythrina, Melicope, Metrosideros, Myoporum, Myrsine, Sophora

Achyranthes, Euphorbia, Leptecophylla, Nototrichium

Dodonaea, Doryopteris, Heteropogon, Pellaea

.

Mesic Forest

<6,600 ft (<2,000 m)

39-150 in (100-380 cm)

rocky, shallow, organic muck soils; rocky talus soils; shallow soils over weathered rock; deep soils over soft weathered rock; gravelly alluvium

Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros, Myrsine, Nestegis, Pisonia, Santalum

Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus, Rubus, Sadleria, Sophora

Ctenitis, Doodia, Dryopteris, Pelea, Sadleria

.

Wet Forest

<7,300 ft (<2,225 m)

>98 in (>250 cm)

very weathered soils to rocky substrate, basaltic lava, undeveloped soils, developed soils

Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros, Myrsine, Pittosporum, Psychotria

Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea, Vaccinium

Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia, Peperomia, Stenogyne

.

Mesic Grassland and Shrubland

100-7,500 ft (30-2,300 m)

39-98 in (100-250 cm)

shallow soils that frequently dry with rocky outcrops

Coprosma, Metrosideros, Wilkesia

Dodonaea, Dubautia, Leptecophylla, Osteomeles, Sadleria, Vaccinium

Bidens, Carex, Deschampsia, Dicranopteris, Dryopteris, Eragrostis, Euphorbia, Lipochaeta

.

Wet Grassland and Shrubland

660-2,950 ft (200-900 m)

98-197 in (250-500 cm)

older, weathered soils to younger, rocky substrates

Ilex, Kadua, Melicope, Metrosideros, Myrsine

Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea, Lobelia, Pipturus, Touchardia, Urera, Vaccinium

Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis, Peperomia, Phyllostegia, Scaevola

.

The physical or biological features identified in this proposed rule take into consideration the ecosystem types in which each species occurs, as described above, and also reflect a distribution that we believe is essential to achieving the species' recovery needs within those ecosystems. We considered the current population status of each species, to the extent it is known, and assessed its status relative to the recovery objectives for that species, in terms of population goals (numbers of populations and individuals in each population, which contributes to population resiliency) and distribution (whether the species occurs in habitats representative of its historic geographical and ecological distribution, and are sufficiently redundant to withstand the loss of some populations over time). This assessment informed us as to whether the species requires space for population growth and expansion in areas occupied at the time of listing, or whether additional areas unoccupied at the time of listing may be required for the reestablishment of populations to achieve conservation.

Some of the species addressed in this proposed rule occur in more than one ecosystem. The physical or biological features for these species are described separately for each ecosystem in which they occur. The reasoning behind this approach is that each species requires a different suite of environmental conditions depending upon the ecosystem in which it occurs. For example,

Cyrtandra nanawaleensis

will occur in association with different native plant species, depending on the mesic forest, wet forest, or mesic grassland and shrubland ecosystem type where it is found. Each of the physical or biological features described in each ecosystem in which the species occurs are essential to the conservation of the species, which includes the ability to support the geographical and ecological distribution across the different ecosystem types where the species occurs. Each physical or biological feature is also essential to retaining the genetic representation that allows this species to successfully adapt to different environmental conditions in various native ecosystems. Although some of these species occur in multiple native ecosystems, their declining abundance in the face of ongoing threats, such as increasing numbers of nonnative plant competitors, indicates that they are not such broad habitat generalists as to be able to persist in highly altered habitats. Based on an analysis of the best available scientific information, functioning native ecosystems provide the fundamental biological requirements for the narrow-range, island-endemic species that are addressed in this proposed rule.

Some examples may help to clarify our approach to describing the physical or biological features for each species. To understand the physical or biological features for the plant

Bidens hillebrandiana

ssp.

hillebrandiana,

for example, we first look at table 1 and see that

B. hillebrandiana

ssp.

hillebrandiana

depends on the coastal ecosystem. Table 2 indicates that the physical or biological features in the coastal ecosystem include elevations of less than 980 ft (300 m); annual precipitation ranges from less than 47 in (120 cm) to more than 98 in (250 cm); well-drained talus, calcareous slopes, and dunes; and contain one or more genera of the subcanopy and understory plants

Chenopodium, Eragrostis, Gossypium, Heliotropium, Santalum, Scaevola, Sesuvium, Sida,

and

Sporobolus,

and one or more of the genera of the canopy species

Diospyros, Metrosideros, Myoporum,

and

Pritchardia.

The specific physical or biological features for

B. hillebrandiana

ssp.

hillebrandiana

are intrinsically tied to the coastal ecosystem. The physical

or biological features of the coastal ecosystem best approximate the physical or biological features for

B. hillebrandiana

ssp.

hillebrandiana.

Thus, we use the physical and biological features provided in the ecosystem in which

B. hillebrandiana

ssp.

hillebrandiana

is found as the physical and biological features for

B. hillebrandiana

ssp.

hillebrandiana.

As another example, table 1 indicates the physical or biological features for the plant

Phyllostegia floribunda

include the ecosystem-level physical or biological features for the mesic forest, wet forest, and wet grassland and shrubland ecosystems. The physical or biological features for

P. floribunda

are thus composed of the physical or biological features for each of the three ecosystems it occupies, as described in table 2 for the mesic forest, wet forest, and wet shrubland and grassland ecosystems. Table 1 is read in a similar fashion in conjunction with table 2 to describe the physical or biological features for each of the 12 species for which we are proposing critical habitat.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. The following discussion of special management needs is applicable to each of the 12 species on the island of Hawai'i for which we are designating critical habitat.

For the 11 plant species and

Drosophila digressa,

we have determined that the features essential to their conservation are those required for the successful functioning of the ecosystem in which they occur (see tables 1 and 2, above); conversely, threats that act at the ecosystem level also act at the species level. Special management considerations or protections may be required throughout the critical habitat areas proposed for designation here to avoid further degradation or destruction of the physical or biological features essential to the 12 species' conservation. Habitat degradation, including trampling and herbivory by introduced ungulates, fire, drought, and habitat modification by invasive plants, are the greatest threats to these 12 species, and these threats act at the ecosystem level. Threats specific to

Drosophila digressa

habitat include loss or lack of host plants from ungulates, drought, fire, alteration of microclimate by invasive plants or the plant disease referred to as rapid 'ōhi'a death (ROD), (78 FR 64638, October 29, 2013; Service 2021f, pp. 21-23). Some of these threats may be addressed by special management considerations or protection, while others (

e.g.,

sea level rise, hurricanes, drought, volcanic eruption) are beyond the control of landowners and managers. For a more detailed description of threats, please see the proposed listing rule (77 FR 63928, October 17, 2012, pp. 63941-63974), the final listing rule (78 FR 64638, October 29, 2013, pp. 64653-64686), and the draft recovery plan (Service 2022a, entire).

While the 12 species share many threats, impacts to individual species and the actions needed to eliminate or manage the threats may differ. Special management considerations or protections may thus be needed within critical habitat areas to address the threats for each of the 12 species. Management activities that could minimize or ameliorate these threats include, but are not limited to, ungulate removal and exclusion fencing; control or eradication of significant habitat-modifying, invasive plants; fire management planning and wildfire response; and measures to reduce of the spread of rapid 'ōhi'a death (ROD) and other plant pathogens. Management activities that could minimize or ameliorate threats specific to

Drosophila digressa

include control measures to reduce and eradicate invasive invertebrates, such as wasps and ants. These management actions would result in the protection of areas providing habitat for the 12 species.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. In accordance with the Act and our implementing regulations at 50 CFR 424.12(b), we review available information pertaining to the habitat requirements of the species and identify specific areas within the geographical area occupied by the species at the time of listing and any specific areas outside the geographical area occupied by the species to be considered for designation as critical habitat. For each of the 12 species for which we are proposing critical habitat, except

Schiedea hawaiiensis,

we are proposing to designate critical habitat in areas within the geographical area occupied by the species at the time of listing. For

Bidens hillebrandiana

ssp.

hillebrandiana, Cyanea marksii,

and

Cyrtandra nanawaleensis,

we are not proposing to designate any areas outside the geographical area occupied by the species because we have not identified any unoccupied areas that meet the definition of critical habitat for these species; no unoccupied areas had at least one physical or biological features essential to the conservation of the species and a reasonable certainty of contributing to conservation.

We are proposing to designate specific areas outside the geographical area occupied by the species at the time of its listing for nine species. For eight of these species, we are also proposing to designate critical habitat based on occupancy at the time of listing (

Drosophila digressa, Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

). We are not proposing any occupied areas a critical habitat for the ninth species,

Schiedea hawaiiensis.

For

Schiedea hawaiiensis,

we are proposing to designate only unoccupied critical habitat because the single area known to be occupied by the species at the time of listing is exempted from designation (see Exemptions, below, for more information) and the amount of occupied areas were determined to be inadequate to ensure conservation of the species. All other proposed unoccupied critical habitat areas overlap entirely with a geographical area for which we are proposing occupied critical habitat for at least 1 of the other 12 species. The proposed unoccupied critical habitat for

Schiedea hawaiiensis,

however, has no overlap in geographic occurrence with the other species addressed in this proposed rule.

We propose to designate areas outside the geographical area occupied by these species (

Drosophila digressa, Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae,

and

Schiedea hawaiiensis

) due to small population sizes, few individuals, or reduced geographic range, which make these species vulnerable to stochastic events. Many of these species are so rare in the wild that they are at a high risk of extirpation or even extinction from various events, such as hurricanes or landslides. Therefore, supporting resilience and redundancy in these species through the establishment of multiple, robust populations is a key component of conservation of the species (Service 2022a, pp. 29-30, 35, 39, 48-49). A designation limited to occupied areas would be inadequate to ensure the conservation of these species. Areas that

may have been unoccupied at the time of listing, together with areas occupied at the time of listing, are reasonably certain to provide some or all of the habitat necessary for the expansion of existing wild populations and reestablishment of wild populations within the historical range of the species to achieve a level that could approach recovery. The best available scientific information suggests that the ecosystems in the unoccupied areas in which we are proposing critical habitat provide one or more of the physical or biological features that support life-history requirements of these nine species, and thus these unoccupied areas are considered habitat for the conservation of these nine species. These areas support recovery in the case of stochastic events that otherwise have potential to eliminate a species from the one, or more, of the locations where it is currently found. We find, therefore, that designation of these unoccupied areas as critical habitat is essential for the conservation of the species. Designating unoccupied areas as critical habitat for these species also promotes conservation actions to restore their historical, geographical, and ecological representation, necessary for their recovery.

In this proposed rule, we propose critical habitat for 12 species in 20 distinct areas that include 40 critical habitat units, with animal and plant units identified separately. Each proposed critical habitat unit contains all or some of the physical or biological features essential to the conservation of those individual species that occupy that particular unit, or areas essential for the conservation of those species identified that do not presently occupy that particular unit. The proposed critical habitat for all species includes the functioning ecosystems on which they depend; thus, for those species with life-history requirements that can be supported in multiple ecosystem types, we have identified areas of critical habitat in multiple ecosystem types. For example, the plant

Cyrtandra nanawaleensis

is found in multiple critical habitat units across three ecosystem types: mesic forest, mesic grassland and shrubland, and wet forest.

Because we have determined that the features essential to the conservation of the 12 species are those required for the successful functioning of the ecosystems in which they respectively occur, we grouped species by the commonly shared ecosystem type to delineate critical habitat units. We used similar methods to identify critical habitat unit boundaries for nine plant species:

Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei,

and

Stenogyne cranwelliae.

These nine species were considered together because spatial data used for delineating critical habitat are similar among these species, and these species all occur within mesic to wet ecosystems, whereas the remaining two plant species do not (see table 1, above). We considered each species separately within their shared dependence on the functioning ecosystems they have in common. We used separate methods to identify critical habitat unit boundaries for each of the remaining three species:

Bidens hillebrandiana

ssp.

hillebrandiana, Schiedea hawaiiensis,

and

Drosophila digressa. Bidens hillebrandiana

ssp.

hillebrandiana

and

Schiedea hawaiiensis

each occur in an ecosystem type not shared with any of the other 12 species, and

Drosophila digressa

was considered separately because of differences in taxonomy and life history from the plants. Critical habitat boundaries for all species were delineated to clearly depict and promote conservation of these species by identifying the functioning ecosystem on which they depend. Ecosystem types that support the species addressed here but that do not form a contiguous area are divided geographically into separate units. In units consisting of multiple ecosystem types, if a species' physical or biological features are provided by one of the ecosystem types, we propose to designate the entire area as critical habitat for that species. We took this approach because within these units, ecosystem types are patchily distributed at a relatively fine resolution, intermingled, and can be dynamic on a relatively short timescale in their distribution within the critical habitat area.

To delineate the proposed critical habitat units, we relied on an overall conservation strategy in which each of the 12 species was considered separately using a common approach for 9 plant species, and a separate approach for the remaining 2 plant species and

Drosophila digressa.

The goal of the conservation strategy was to identify the specific areas for each species that provide essential physical or biological features without which range-wide resiliency, redundancy, and representation could not be achieved. The conservation strategy considered (1) historical and current distribution of each of the 12 species; (2) assessments of resiliency, redundancy, and representation for each species from the most recent species reports (Service 2021a-n); and (3) recovery planning efforts (Service 2022a, entire). Some of the proposed critical habitat for these 12 species overlies critical habitat already designated for other species on the island of Hawai'i.

In summary, we completed the following basic steps to delineate critical habitat (specific methods follow below):

(1) We compiled the best scientific data available on observations and distributions of the 12 species that were extant at the time of listing;

(2) We compiled all available location and landcover data, including ecosystem type, within the range of the 12 species;

(3) We identified areas containing the physical or biological features that may require special management consideration or protection;

(4) We circumscribed boundaries of potential critical habitat units based on the above information; and

(5) We removed, to the extent practicable, all areas that did not have the specific physical or biological feature components, and therefore are not considered essential to the conservation of one or more of these 12 species.

Based on these five steps, for areas within and outside the geographic area occupied by the species at the time of listing, we delineated critical habitat unit boundaries using the following methods:

(1) Species observation and distribution data sources: We obtained observational and distributional data to include in our Geographic Information System database for each of the 12 species including the known locations of the species from the Hawai'i Biodiversity Mapping Program (HBMP) database (HBMP 2010a, entire; HBMP 2010b, entire; HBMP 2010c, entire; HBMP 2010d, entire; HBMP 2010e, entire; HBMP 2010f, entire; HBMP 2010g, entire; HBMP 2010h, entire), the Plant Extinction Prevention Program database (PEPP 2021, unpublished), and our own rare plant database. We also obtained and compiled species information from the plant database housed at National Tropical Botanical Garden (

https://ntbg.org/database/herbarium/

). We used Hawai'i Biodiversity Mapping Program's Geographic reference areas for the Hawaiian Islands in conjunction with known species' location data (Kam 2017, p. 1; Hawai'i Rare Plant Restoration Group 2020, p. 2). For plants, we obtained and compiled species range maps, as determined by plant species ranges in the Hawaiian

Islands (Price et al. 2012, entire), and our own plant species range layer adapted from Price et al. 2012 (Service 2022b-l, entire). For

Drosophila digressa,

we created our own potential species range layer using the U.S. Geological Survey's (USGS's) Carbon Assessment Landcover data of 2017 for mesic and wet forest habitats (Selmants et al. 2017, entire; Service 2021f) and the known elevational range of the species, which is between 2,000 to 4,500 ft (600 to 1,400 m). Lastly, we obtained recent biological surveys and reports and discussed that information with qualified individuals familiar with these 12 species and their ecosystems.

We used current and historical species distribution information to develop initial critical habitat boundaries in each of the six ecosystems that would provide for the conservation of the 12 species. The initial boundaries were superimposed over digital topographic maps of the island of Hawai'i and further evaluated. In general, land areas that were identified as highly degraded were removed from the proposed critical habitat units, and natural or constructed features (

e.g.,

ridge lines, valleys, streams, coastlines, roads, lava flows, obvious land features, etc.) were used to delineate the proposed critical habitat boundaries.

(2) Identified areas containing physical or biological features: We obtained and compiled island-wide elevation, annual precipitation, soil substrate, and associated native plant genera data sources (Gagne and Cuddihy 1999, pp. 45-114; LANDFIRE 2016, pp. 1177-1242; Ball et al. 2020, p. 2; Clark et al. 2020, p. 2; Javar-Salas et al. 2020, p. 2; Kim et al. 2020, p. 2; Lowe et al. 2020, pp. 2-7; Nelson et al. 2020, p. 3). We evaluated areas currently occupied by each species and whether they contain the physical or biological features essential to the conservation of the species and which may require special management considerations or protection. We considered the degree to which the physical or biological features were present or absent in areas as an indication of the successful functioning of the habitat.

(3) Landcover and ecosystem data sources: We obtained and compiled landcover and ecosystem data from the island-wide Geographic Information System coverage including USGS Carbon Assessment Landcover data of 2017 (Selmants et al. 2017, entire) and ArcGIS Esri World Imagery of 2022 (Esri 2023, entire); 1:24,000 scale digital raster graphics of USGS topographic quadrangles; and geospatial data sets associated with parcel data from Hawai'i County (Hawaii Statewide GIS Program 2013, entire). We evaluated areas currently occupied by each species. When a species occurs in more than one ecosystem type, we include the full range of ecosystem types within that species' range. For example,

Phyllostegia floribunda

is known from three of the six ecosystem types addressed in this proposed rule: mesic forest, wet forest, and wet grassland and shrubland ecosystem types.

(4) Circumscribed boundaries of potential critical habitat units: We considered several factors in the selection of specific boundaries for critical habitat for the 12 species. We determined critical habitat unit boundaries taking into consideration the information on known past and present locations of the species, landcover and ecosystem data sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017, entire), recovery areas described by the species' draft recovery plan, projections of geographic ranges of Hawaiian plant species and

Drosophila digressa

(Price et al. 2012, entire; Service 2021f, entire; Service 2022b-l, entire), and adequate habitat to allow for increases in numbers of individuals and for expansion of populations to provide for the minimum numbers required to reach delisting goals (as described in the draft recovery plan (Service 2022a, entire)). Critical habitat boundaries for all species were delineated to promote the conservation of these species by identifying the functioning ecosystems on which they depend.

(5) Removed areas lacking the identified physical or biological features: When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures because such lands lack the physical or biological features necessary for these 12 species. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations (CFR) may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, if the critical habitat designations are finalized as proposed, a Federal action involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the identified physical or biological features in the critical habitat units.

We propose to designate as critical habitat lands that we have determined are occupied at the time of listing and that contain one or more of the physical or biological features that are essential to support life-history processes of the species. We have determined that occupied areas are inadequate to ensure the conservation of the species. Therefore, we have also identified, and propose for designation as critical habitat, unoccupied areas that are essential for the conservation of nine of the species (see Proposed Critical Habitat Designation, below).

Units are proposed for designation based on one or more of the physical or biological features being present to support the life-history processes for 1 or more of the 12 species for which we propose critical habitat. Some units contain all of the identified physical or biological features and support multiple life-history processes. Some units contain only some elements of the physical or biological features necessary to support the species' particular use of that habitat.

The proposed critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document under Proposed Regulation Promulgation. We include more detailed information on the boundaries of the critical habitat designation in the preamble of this document. We will make the coordinates or plot points or both on which each map is based available to the public on

https://www.regulations.gov

at Docket No. FWS-R1-ES-2023-0017.

Proposed Critical Habitat Designation

We are proposing approximately 122,277 ac (49,484 ha) as critical habitat in 20 distinct areas that include 40 critical habitat units, with 9 animal and 31 plant units identified separately, for

Drosophila digressa, Bidens hillebrandiana

ssp.

hillebrandiana, Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Schiedea hawaiiensis,

and

Stenogyne cranwelliae.

The critical habitat areas we describe below constitute our current best assessment of areas that meet the definition of critical habitat for each species. Table 3 shows the proposed critical habitat units and the approximate area of each unit by landowner type.

Within the 20 distinct areas, areas of proposed critical habitat for

Drosophila digressa

are described as 9 sequential

numbered units, whereas areas of proposed critical habitat for plants are described as 19 sequential numbered sections that are then split into 1 or more units, based on whether they overlap with existing designated critical habitat for other plant species on the island of Hawai'i. Some of the proposed critical habitat for

Drosophila digressa

overlays critical habitat already proposed or designated for plant species; however, critical habitat designations for wildlife species at 50 CFR 17.95 are organized differently than critical habitat designations for plant species on the island of Hawai'i at 50 CFR 17.99. Therefore, the proposed critical habitat for

Drosophila digressa

stands alone and is not incorporated into, or presented to address, any existing critical habitat units for other species. Areas of a section that overlay existing Hawaiian plant critical habitat units are assigned to that existing critical habitat unit name. Areas of a section that do not overlay existing Hawaiian plant critical habitat are assigned a sequential new critical habitat unit number. This distinction between existing and newly proposed critical habitat areas is necessary in order to be consistent with the critical habitat unit numbering system we established earlier for plants on the island of Hawai'i (see 50 CFR 17.99(k)). We provide the critical habitat section numbers, where applicable, as well as unit numbers and the corresponding map numbers that would appear at 50 CFR 17.99 if we adopt this rule as proposed for ease of reference in the CFR. All units in the proposed designation, with the exception of Unit 55 within

Schiedea hawaiiensis

—Section 19, are considered occupied at the time of listing (see 78 FR 64638; October 29, 2013) by 1 or more of the 12 species for which we are proposing critical habitat (table 4). Of the 20 distinct areas for which critical habitat is proposed, 13 include animal units or plant sections that are both occupied and unoccupied for 2 or more of the 12 Hawai'i island species.

The areas we propose as critical habitat are located in six ecosystem types: (1) coastal, (2) dry forest, (3) mesic forest, (4) wet forest, (5) mesic grassland and shrubland, and (6) wet grassland and shrubland. Critical habitat designations for plants and animals are published in separate sections of the CFR; however, the proposed critical habitat for the 11 plants and

Drosophila digressa

overlap each other in many areas on the island of Hawai'i. For example, “

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 1” and “

Drosophila digressa

—Unit 1” overlap entirely within the same geographic area. Therefore, because the section and unit boundaries are the same, we describe them together to avoid redundancy and reduce publication costs for this proposed rule, as indicated by “and” following the section name in the following headings.

Table 3—Proposed Critical Habitat Units by Ecosystem, Land Ownership, and Size

[Area estimates reflect all land within critical habitat unit boundaries]

Animal unit

Plant section

Plant unit

Federal

(ac (ha))

State

(ac (ha))

Private/other

(ac (ha))

Total

(ac (ha))

Wet Forest

Drosophila digressa

—Unit 1

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 1

Unit 3

Unit 52

3,550 (1,436)

548 (222)

7,962 (3,222)

2,682 (1,085)

547 (221)

984 (398)

12,059 (4,880)

4,213 (1,705)

Subtotal

4,097 (1,658)

10,644 (4,307)

1,531 (619)

16,272 (6,585)

Drosophila digressa

—Unit 7

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 4

Unit 15

Unit 39

182 (73)

1,021 (413)

144 (58)

182 (73)

1,164 (471)

Subtotal

1,202 (486)

144 (58)

1,346 (545)

Drosophila digressa

—Unit 8

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 5

Unit 15

Unit 38

55 (22)

298 (121)

72 (29)

236 (95)

127 (51)

534 (216)

Subtotal

353 (143)

308 (125)

661 (267)

Drosophila digressa

—Unit 6

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 6

Unit 16

Unit 40

156 (63)

1,239 (501)

4 (2)

156 (63)

1,243 (503)

Subtotal

1,395 (565)

4 (2)

1,399 (566)

Drosophila digressa

—Unit 2

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 11

Unit 29

Unit 30

Unit 51

7,235 (2,928)

643 (260)

494 (200)

6,498 (2,630)

16,906 (6,841)

316 (128)

494 (200)

13,732 (5,557)

17,865 (7,230)

Subtotal

7,877 (3,188)

23,898 (9,671)

316 (128)

32,091 (12,987)

Drosophila digressa

—Unit 9

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 12

Unit 37

1,906 (771)

<1 (<1)

1,906 (771)

Subtotal

1,906 (771)

<1 (<1)

1,906 (771)

Drosophila digressa

—Unit 5

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 13

Unit 41

411 (166)

3,001 (1,214)

3,412 (1,381)

Subtotal

411 (166)

3,001 (1,214)

3,412 (1,381)

Cyrtandra nanawaleensis

—Section 15

Unit 47

274 (111)

274 (111)

Subtotal

274 (111)

274 (111)

Cyrtandra nanawaleensis

—Section 16

Unit 48

582 (235)

7 (3)

589 (238)

Subtotal

582 (235)

7 (3)

589 (238)

Mesic Coastal

Bidens hillebrandiana

ssp.

hillebrandiana

—Section 2

Unit 6

Unit 53

2 (1)

80 (33)

245 (99)

2 (1)

325 (132)

Subtotal

82 (33)

245 (99)

327 (132)

Wet Forest and Wet Grassland and Shrubland

Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 3

Unit 8

Unit 9

Unit 54

6,805 (2,754)

<1 (<1)

5,913 (2,392)

1 (<1)

1,738 (703)

6,805 (2,754)

1 (<1)

7,651 (3,096)

Subtotal

12,718 (5,147)

1,739 (704)

14,457 (5,851)

Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense

—Section 7

Unit 23

Unit 45

9 (4)

5,494 (2,223)

9 (4)

5,494 (2,223)

Subtotal

5,503 (2,227)

5,503 (2,227)

Cyrtandra nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda

—Section 10

Unit 28

Unit 46

155 (63)

12,213 (4,942)

6 (2)

155 (63)

12,219 (4,945)

Subtotal

12,368 (5,005)

6 (2)

12,374 (5,008)

Wet Forest and Mesic Forest

Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 8

Unit 24

Unit 44

1,956 (792)

318 (129)

125 (51)

5,439 (2,201)

649 (263)

2,081 (842)

6,406 (2,593)

Subtotal

2,274 (920)

5,564 (2,252)

649 (263)

8,487 (3,435)

Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 9

Unit 24

Unit 43

36 (14)

1,689 (683)

65 (26)

4,183 (1,693)

101 (41)

5,872 (2,376)

Subtotal

1,725 (698)

4,248 (1,719)

5,973 (2,417)

Drosophila digressa

—Unit 3

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae

—Section 14

Unit 42

8,769 (3,549)

12 (5)

8,781 (3,554)

Subtotal

8,769 (3,549)

12 (5)

8,781 (3,554)

Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland

Cyrtandra nanawaleensis

—Section 17

Unit 49

875 (354)

1 (<1)

875 (354)

Subtotal

875 (354)

1 (<1)

875 (354)

Cyrtandra nanawaleensis

—Section 18

Unit 50

562 (227)

1 (<1)

562 (227)

Subtotal

562 (227)

1 (<1)

562 (227)

Dry Forest

Schiedea hawaiiensis

—Section 19

Unit 55

6,822 (2,761)

6,822 (2,761)

Subtotal

6,822 (2,761)

6,822 (2,761)

Mesic Forest

Drosophila digressa

—Unit 4

167 (67)

167 (67)

Subtotal

167 (67)

167 (67)

Total

32,151 (13,011)

82,177 (33,256)

7,950 (3,217)

122,277 (49,484)

Note:

Area sizes may not sum due to rounding.

EP29MR23.020

Table 5—Proposed Critical Habitat Units for Drosophila Digressa (Picture-Wing Fly)

Critical habitat unit

Occupied/unoccupied

Corresponding critical habitat map in the Code of Federal Regulations (CFR)

Drosophila digressa

—Unit 1

Unoccupied

Drosophila digressa

—Hawai'i Island, HI—Unit 1.

Drosophila digressa

—Unit 2

Occupied

Drosophila digressa

—Hawai'i Island, HI—Unit 2.

Drosophila digressa

—Unit 3

Unoccupied

Drosophila digressa

—Hawai'i Island, HI—Unit 3.

Drosophila digressa

—Unit 4

Occupied

Drosophila digressa

—Hawai'i Island, HI—Unit 4.

Drosophila digressa

—Unit 5

Unoccupied

Drosophila digressa

—Hawai'i Island, HI—Unit 5, Unit 6, Unit 7, Unit 8, Unit 9.

Drosophila digressa

—Unit 6

Unoccupied

Drosophila digressa

—Unit 7

Unoccupied

Drosophila digressa

—Unit 8

Unoccupied

Drosophila digressa

—Unit 9

Unoccupied

We present brief descriptions of all units, and reasons why they meet the definition of critical habitat, for each of the 12 Hawai'i Island species, below.

Descriptions of Proposed Critical Habitat

We describe each section and unit separately, below, but first describe the common rationale for proposing areas of critical habitat as occupied and/or unoccupied critical habitat. All areas that are proposed as occupied habitat for a species are important for that species because these areas are either the last or one of the last remaining areas inhabited by the species and they meet the definition of critical habitat, making these areas necessary for maintaining the redundancy and representation for the species' conservation. This is the case for all sections and units, with the exception of

Schiedea hawaiiensis

—Section 19, which is proposed critical habitat, but is not currently occupied habitat for any of the 12 species. We note which areas are the last remaining area known to be inhabited by a species.

We analyzed whether occupied areas were adequate for the conservation of each of the 12 species based on conservation goals within the recovery plan (Service 2022a, entire). Occupied areas were not able to provide the space needed to meet the target number of reproductive populations and individuals for any of the 12 species, but for three species, no other areas containing physical or biological features are known, leaving nine species (

Drosophila digressa, Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei, Stenogyne cranwelliae,

and

Schiedea hawaiiensis

) for which additional areas containing at least one physical or biological feature essential to the conservation of the species are known. We have determined that all areas of unoccupied habitat that are proposed critical habitat for these species are essential for the conservation of these species because (1) they provide one or more of the physical or biological features necessary for the reestablishment of wild populations within their range, and (2) we have reasonable certainty that these areas will contribute to the conservation of the species by contributing to the areas needed to support the numbers of populations and reproducing individuals needed for recovery, thus helping to ensure resiliency, redundancy, and representation needed for conservation of these species. The establishment of multiple (redundancy), robust populations is a key component of conservation of these species (Service 2022a, pp. 29-30, 35, 39, 48-49). Due to the small numbers of individuals of each of these species, they require suitable habitat and space for expansion or introduction to achieve population levels that could approach recovery. Designating unoccupied areas as critical habitat for these species also supports recovery by allowing the habitat needed to establish additional populations able to withstand environmental stochasticity (resiliency) that otherwise has potential to eliminate a species from the one, or more, of the locations where it is currently found. Designating these unoccupied areas as critical habitat also promotes conservation actions to restore their historical, geographical, and ecological representation (representation), necessary for their recovery. For ease of reading and space efficiency, after first use of the full name of a plant section, we will refer to it by its section number only.

Table 6—Land Use, Threats to Habitat, and Potential Special Management Considerations for Critical Habitat Units Designated for the 12 Hawai'i Island Species

Plant section

Drosophila

unit

General land use

Threats

Special management

Section 1

Unit 1

A, B, C, D, E, F, G

O, P, Q

S, T, U.

Section 2

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 3

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 4

Unit 7

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 5

Unit 8

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 6

Unit 6

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 7

A, B, C, D, F, H

O, P, Q, R

S, T, U.

Section 8

A, E, F, G, H, I, J, K, L

O, P, Q

S, T.

Section 9

A, E, F, H, I, J

O, P, Q, R

S, T, U.

Section 10

A, B, C, D, E, F, G, H, M

O, P, Q, R

S, T, U.

Section 11

Unit 2

A, B, C, D, E, F, H, K, N

O, P, Q, R

S, T, U.

Section 12

Unit 9

A, B, C, D, F, H

O, P, Q, R

S, T, U.

Unit 4

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Section 13

Unit 5

A, B, C, D, E, F, G, H

O, P, Q, R

S, T, U.

Section 14

Unit 3

A, E, F, H, I, J

O, P, Q, R

S, T, U.

Section 15

A, B, C, D, E, F, N

O, P, Q, R

S, T, U.

Section 16

A, B, C, D, E, F, N

O, P, Q, R

S, T, U.

Section 17

A, B, C, D, E, F, N

O, P, Q, R

S, T, U.

Section 18

A, B, C, D, E, F, N

O, P, Q, R

S, T, U.

Section 19

A, B, C, D, E, F, H

O, P, Q, R

S, T, U.

Definition of Codes Used in Table 6

General land use:

(A) Watershed protection

(B) Ungulate and invasive plant control

(C) Natural resource monitoring

(D) Rare species protection and research

(E) Public hunting

(F) Public use and recreation

(G) Education and outreach

(H) Fire control

(I) Natural resource conservation including monitoring invasive plants and animals

(J) Enhancement of native rare plant resources

(K) Cultural uses

(L) Personal gathering

(M) Public use including traditional and customary rights of Native Hawaiians

(N) Timber management

Threats:

(O) Habitat degradation due to rooting by feral ungulates

(P) Intrusion of ecosystem altering invasive plants

(Q) Changes in canopy cover due to plant disease

(R) Fire

Special management considerations

(see

Special Management Considerations or Protection,

in text above for additional detail):

(S) Feral ungulate control

(T Measures to control spread of invasive plants

(U) Fire management planning and wildfire response

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 1 and Drosophila digressa—Unit 1

Section 1 and

Drosophila digressa

—Unit 1 consist of wet forest ecosystem from 'Ō'ōkala to Maulua Nui on the northeastern slope of Maunakea. Lands within this section and unit include approximately 25 percent in Federal ownership, 65 percent in State ownership, and 9 percent in private/other ownership (see table 3, above). Section 1 is comprised of two units: Unit 3 is a critical habitat unit within unit Hawaii 3 (see 50 CFR 17.99(k)(10) through (14)), which was previously designated for other plant species; and Unit 52 is a newly proposed critical habitat unit depicted on Map 119. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the Hilo Forest Reserve Humu'ula, Laupāhoehoe, and Pīhā Sections; the Laupāhoehoe Natural Area Reserve; and the Manowaiale'e Forest Reserve. All Federal lands in this section and unit are managed by the Service within Hakalau Forest National Wildlife Refuge, Hakalau Forest Unit. For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats identified within this section and unit, see table 6, above (DLNR-DOFAW 2022, entire; DLNR and USDA 2016, p. 4; Service 2010, pp. 1-13, 1-33-1-34; Stewart 2010, entire). The State lands within this section and unit are managed under the Laupāhoehoe Forest Management Plan (DLNR and USDA 2016, entire) and the Mauna Kea Watershed Management Plan (Stewart 2010, entire). The Federal lands within this section and unit are managed under the Hakalau Forest National Wildlife Refuge Comprehensive Conservation Plan (Service 2010, pp. 2-20-2-40) and the Mauna Kea Watershed Management Plan (Stewart 2010, entire).

Section 1 is occupied by the plants

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda,

and

Stenogyne cranwelliae.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Section 1 is important because it has the last remaining areas inhabited by

Cyrtandra wagneri

and

Melicope remyi,

and one of the last remaining areas inhabited by

Cyanea tritomantha, Phyllostegia floribunda,

and

Stenogyne cranwelliae,

making it an essential area for maintaining the redundancy and representation necessary for species' conservation. Although Section 1 is not known to be occupied by the plants

Pittosporum hawaiiense

and

Schiedea diffusa

ssp.

macraei,

and

Drosophila digressa

—Unit 1 is not known to be occupied by

Drosophila digressa,

this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery, each plant species needs at least 10 populations, with at least 400 reproducing individuals per population for

Pittosporum hawaiiense

and 500 reproducing individuals per population for

Schiedea diffusa

ssp.

macraei

(Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 12,059 ac (4,880 ha) of this section and unit overlap designated critical habitat for the federally endangered plants

Clermontia peleana, Cyanea platyphylla, Cyrtandra giffardii, Cyrtandra tintinnabula,

and

Phyllostegia warshaueri

(see 68 FR 39624; July 2, 2003).

EP29MR23.021

Bidens hillebrandiana ssp. hillebrandiana—Section 2

Section 2 consists of coastal ecosystem from Pololū to Laupāhoehoe Iki on the northeastern slope of Kohala Mountain. Lands within this section include approximately 25 percent in State ownership and 75 percent in private/other ownership (see table 3, above). Section 2 is comprised of two units: Unit 6 is a critical habitat unit within unit Hawaii 6 (see 50 CFR 17.99(k)(25)), which was previously designated for another plant species; and Unit 53 is a newly proposed critical habitat unit depicted on Map 120. All State-owned lands in Section 2 are managed by the State of Hawaii as part of the Pololū Section of the Kohala Forest Reserve and the Pu'u o 'Umi Natural Area Reserve. The State lands within this section are managed under the Pu'u o 'Umi Management Plan (DLNR-DOFAW 1989, entire) and Kohala Mountain Watershed Management Plan Draft (Kohala Watershed Partnership [KWP] 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats identified within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007, entire).

Section 2 is occupied by the plant

Bidens hillebrandiana

ssp.

hillebrandiana

and includes the coastal habitat, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the coastal ecosystem. This section is especially important because it is the last remaining area inhabited by the species, which makes it an important area for maintaining the redundancy and representation necessary for species' conservation. Approximately 2 ac (1 ha) of this section overlaps designated critical habitat for the federally endangered plant

Nothocestrum breviflorum

(see 68 FR 39624; July 2, 2003).

Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 3

Section 3 consists of wet forest and wet grassland and shrubland ecosystems from Kahua to Pu'ukapu on Kohala Mountain. Lands within this section include approximately 88 percent in State ownership and 12 percent in private/other ownership (see table 3, above). Section 3 is comprised of three units: Unit 8 and Unit 9 are critical habitat units within unit Hawaii 8 and unit Hawaii 9 (see 50 CFR 17.99(k)(27) through (38)), which were previously designated for other plant species; and Unit 54 is a newly proposed critical habitat unit depicted on Map 121. All State-owned lands in this section are managed by the State of Hawaii as part of the Kohala Forest Reserve, Kohala Watershed Forest Reserve, and Pu'u o 'Umi Natural Area Reserve. The State lands within this section are managed under the Pu'u o 'Umi Management Plan (DLNR-DOFAW 1989, entire) and the Kohala Mountain Watershed Management Plan Draft (KWP 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats identified within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007, entire).

Section 3 is occupied by the plants

Cyanea tritomantha, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei,

and

Stenogyne cranwelliae,

and includes the wet forest and wet grassland and shrubland ecosystems, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest and wet grassland and shrubland ecosystems. Although Section 3 is not known to be occupied by

Melicope remyi

or

Phyllostegia floribunda,

this section contains unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery, each species needs at least 10 populations, with at least 200 reproducing individuals per population for

Melicope remyi

and at least 500 reproducing individuals per population for

Phyllostegia floribunda

(Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of these species and that this section contains one or more of the physical or biological features that are essential to the conservation of these species. Approximately 6,938 ac (2,808 ha) of this section overlaps designated critical habitat for the federally endangered plants

Clermontia drepanomorpha, Phyllostegia warshaueri,

and

Achyranthes mutica

(see 68 FR 39624; July 2, 2003); and for the picture-wing fly

Drosophila ochrobasis

Units 3 (Kohala Mountains East) and 4 (Kohala Mountains West) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 4 and Drosophila digressa—Unit 7

Section 4 and

Drosophila digressa

—Unit 7 consist of wet forest ecosystem from Kukuiopa'e to 'Ōlelomoana on the southwestern slopes of Mauna Loa. Lands within this section and unit include approximately 89 percent in State ownership and 11 percent in private/other ownership (see table 3, above). Section 4 is comprised of two units: Unit 15 is a critical habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)(58) through (59)), which was previously designated for another plant species; and Unit 39 is a newly proposed critical habitat unit depicted on Map 108. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the South Kona Forest Reserve Kukuiopa'e Section. The State lands within this section and unit are managed under the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats identified within this section and unit, see table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2022, entire).

Section 4 is occupied by the plants

Cyanea marksii, Phyllostegia floribunda,

and

Pittosporum hawaiiense.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 4 is not known to be occupied by the plants

Schiedea diffusa

ssp.

macraei

and

Stenogyne cranwelliae,

and

Drosophila digressa

—Unit 7 is not known to be occupied by

Drosophila digressa,

this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Schiedea diffusa

ssp.

macraei

needs at least 10 populations, with at least 500 reproducing individuals per population, and

Stenogyne cranwelliae

needs at least 20 populations, with at least 500 reproducing individuals per population (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 182 ac (73 ha) of this section and unit overlap designated critical habitat for the federally endangered plant

Cyanea stictophylla

(68 FR 39624; July 2, 2003).

EP29MR23.022

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 5 and Drosophila digressa—Unit 8

Section 5 and

Drosophila digressa

—Unit 8 consist of wet forest ecosystem in Ka'ohe on the southwestern slopes of Mauna Loa. Lands within this section and unit include approximately 53 percent in State ownership and 47 percent in private/other ownership (see table 3, above). Section 5 is comprised of two units: Unit 15 is a critical habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)(58) through (59)), which was previously designated for another plant species; and Unit 38 is a newly proposed critical habitat unit depicted on Map 107. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the South Kona Forest Reserve, Ka'ohe Section and Kukuiopa'e Section. The State lands within this section and unit are managed under the Three Mountain Alliance Management Plan (TMA 2007, pp. 47-50). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats identified within this section and unit, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37).

Section 5 is occupied by the plant

Cyanea marksii.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 5 is not known to be occupied by the plants

Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei,

and

Stenogyne cranwelliae,

and

Drosophila digressa

—Unit 8 is not known to be occupied by

Drosophila digressa,

this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Phyllostegia floribunda, Pittosporum hawaiiense,

and

Schiedea diffusa

ssp.

macraei

each need at least 10 populations, with at least 500 reproducing individuals per population for

Phyllostegia floribunda

and

Schiedea diffusa

ssp.

macraei

and at least 400 reproducing individuals per population for

Pittosporum hawaiiense

(Service 2022a, p. 43-44). For

Stenogyne cranwelliae,

at least 20 populations, each with at least 500 reproducing

individuals, are necessary for recovery (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 127 ac (51 ha) of this section and unit overlap designated critical habitat for the federally endangered plant

Cyanea stictophylla

(68 FR 39624; July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 6 and Drosophila digressa—Unit 6

Section 6 and

Drosophila digressa

—Unit 6 consist of wet forest ecosystem in Kīpāhoehoe on the southwestern slopes of Mauna Loa. Lands within this section and unit include approximately 99.7 percent in State ownership and 0.3 percent in private/other ownership (see table 3, above). Section 6 is comprised of two units: Unit 16 is a critical habitat unit within unit Hawaii 16 (see 50 CFR 17.99(k)(60) through (61)), which was previously designated for another plant species; and Unit 40 is a newly proposed critical habitat unit depicted on Map 109. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the Kīpāhoehoe Natural Area Reserve. The State lands within this section and unit are managed under the Kīpāhoehoe Natural Area Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section and unit, see table 6, above (DLNR-DOFAW 2002, entire).

Section 6 is occupied by the plants

Cyanea marksii

and

Phyllostegia floribunda.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 6 is not known to be occupied by

Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei,

or

Stenogyne cranwelliae,

and

Drosophila digressa

—Unit 6 is not known to be occupied by

Drosophila digressa,

this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Pittosporum hawaiiense

and

Schiedea diffusa

ssp.

macraei

each need at least 10 populations, with at least 400 reproducing individuals per population for

Pittosporum hawaiiense

and at least 500 reproducing individuals per population for

Schiedea diffusa

ssp.

macraei,

and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 156 ac (63 ha) of this section and unit overlap designated critical habitat for the federally endangered plant

Cyanea stictophylla

(68 FR 39624; July 2, 2003).

Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense—Section 7

Section 7 consists of wet forest and wet grassland and shrubland ecosystems from Pānau Nui to Kamoamoa on eastern slope of Kīlauea Volcano, entirely on Federal land (see table 3, above). Section 7 is comprised of two units: Unit 23 is a critical habitat unit within unit Hawaii 23 (see 50 CFR 17.99(k)(74) through (75)), which was previously designated for another plant species; and Unit 45 is a newly proposed critical habitat unit depicted on Map 114. Lands within this section are entirely under Federal ownership managed by the National Park Service within Hawai'i Volcanoes National Park. Federal lands within this section are managed by the National Park Service under the Hawai'i Volcanoes National Park General Management Plan (National Park Service 2015, 2016, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (National Park Service 2015, 2016, entire).

Section 7 is occupied by the plants

Phyllostegia floribunda

and

Pittosporum hawaiiense

and includes the wet forest and wet grassland and shrubland ecosystems, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest and wet grassland and shrubland ecosystems. Although Section 7 is not known to be occupied by

Cyrtandra wagneri,

this section contains unoccupied habitat that is essential for the conservation of this species because it (1) is habitat for this species, (2) provides at least one the physical or biological features essential for the conservation of this species, and (3) contributes to the area of habitat needed to reestablish wild populations within its range in support of recovery criteria. At least 10 populations, each with at least 500 reproducing individuals are necessary for recovery of

Cyrtandra wagneri

(Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of this species and that this section contains one or more of the physical or biological features that are essential to the conservation of this species. Approximately 9 ac (4 ha) of this section overlaps designated critical habitat for the federally endangered plant

Pleomele hawaiiensis

(68 FR 39624; July 2, 2003).

Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 8

Section 8 consists of wet and mesic forest ecosystems from Nīnole to Pāhala on the southern slopes of Mauna Loa. Lands within this section include approximately 27 percent in Federal ownership, 66 percent in State ownership, and 8 percent in private/other ownership (see table 3, above). Section 8 is comprised of two units: Unit 24 is a critical habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)(76) through (81)), which was previously designated for another plant species; and Unit 44 is a newly proposed critical habitat unit depicted on Map 113. Federal lands in Section 8 are managed by the National Park Service within the Hawai'i Volcanoes National Park and in accordance with their Hawai'i Volcanoes National Park General Management Plan (National Park Service 2015, 2016, entire). All State-owned lands in this section are managed by the State of Hawaii, are part of the Ka'ū Forest Reserve, and are managed under the Ka'ū Forest Reserve Management Plan (DLNR-DOFAW 2012, entire). For general land use, threats, and special management considerations or protection measures to

reduce or alleviate the threats within Section 8, see table 6, above (DLNR-DOFAW 2012, p. 3; TMA 2007, pp. 44-46).

Section 8 is occupied by the plants

Cyanea tritomantha, Pittosporum hawaiiense,

and

Schiedea diffusa

ssp.

macraei

and includes the wet and mesic forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet and mesic forest ecosystems. Although Section 8 is not known to be occupied by the plants

Cyrtandra wagneri

or

Stenogyne cranwelliae,

this section contains unoccupied habitat that is essential for the conservation of these species because it (1) is habitat for these species, (2) provides at least one the physical or biological features essential for the conservation of each of these species, and (3) contributes to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Cyrtandra wagneri

needs at least 10 populations, each with at least 500 reproducing individuals, and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of these species and that this section contains one or more of the physical or biological features that are essential to the conservation of these species. Approximately 2,081 ac (842 ha) of the section overlaps designated critical habitat for the federally endangered plant

Argyroxiphium kauense

(68 FR 39624; July 2, 2003) and for the picture-wing fly

Drosophila heteroneura

Unit 1 (Ka'ū Forest) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

EP29MR23.023

Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 9

Section 9 consists of wet and mesic forest ecosystems from Wai'ōhinu to Nīnole on the southern slopes of Mauna Loa. Lands within this section include approximately 29 percent in Federal ownership and 71 percent in State ownership (see table 3, above). Section 9 is comprised of two units: Unit 24 is a critical habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)(76) through (81)), which was previously designated for another plant species; and Unit 43 is a newly proposed critical habitat unit depicted on Map 112. Federal lands in Section 9 are managed by the National Park Service within the Hawai'i Volcanoes National Park and in accordance with their Hawai'i Volcanoes National Park General Management Plan (National Park Service 2015, 2016, entire). All State-owned lands in this section are managed by the State of Hawaii, are part of the Ka'ū Forest Reserve, and are managed under the Ka'ū Forest Reserve Management Plan (DLNR-DOFAW 2012, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).

Section 9 is occupied by the plants

Pittosporum hawaiiense

and

Schiedea diffusa

ssp.

macraei

and includes the wet and mesic forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet and mesic forest ecosystems. Although Section 9 is not known to be occupied by

Cyrtandra wagneri

or

Stenogyne cranwelliae,

this section contains unoccupied habitat that is essential for the conservation of these species because it (1) is habitat for these species, (2) provides at least one the physical or biological features essential for the conservation of each of these species, and (3) contributes to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Cyrtandra wagneri

needs at least 10 populations, each with at least 500 reproducing individuals, and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of these species and that this section contains one or more of the physical or biological features that are essential to the conservation of these species. Approximately 101 ac (41 ha) of this section overlap designated critical habitat for the federally endangered plant

Argyroxiphium kauense

(68 FR 39624; July 2, 2003) and for the picture-wing fly

Drosophila ochrobasis

Unit 5 (Upper Kahuku) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda—Section 10

Section 10 consists of wet forest and wet grassland and shrubland ecosystems from Kahauale'a to Wao Kele o Puna near the east rift zone of Ki

lauea Volcano in the district of Puna. Lands within this section include approximately 100 percent in State ownership and less than 1 percent in private/other ownership (see table 3, above). Section 10 is comprised of two units: Unit 28 is a critical habitat unit within unit Hawaii 28 (see 50 CFR 17.99(k)(89)), which was previously designated for another plant species; and Unit 46 is a newly proposed critical habitat unit depicted on Map 115. Lands within this section are almost entirely under State ownership managed by the State of Hawaii within the Kahauale'a Natural Area Reserve and the State of Hawaii Office of Hawaiian Affairs within the Wao Kele o Puna Forest Reserve. The State lands within this section are managed under the Wao Kele o Puna Comprehensive Management Plan (Na

lehualawaku'ulei 2017, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37; Na

lehualawaku'ulei 2017, entire).

Section 10 is occupied by the plants

Cyrtandra nanawaleensis

and

Phyllostegia floribunda

and includes the wet forest and wet grassland and shrubland, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest and wet grassland and shrubland ecosystems. Although Section 10 is not known to be occupied by

Cyrtandra wagneri,

this section contains unoccupied habitat that is essential for the conservation of this species because it (1) is habitat for this species, (2) provides at least one the physical or biological features essential for the conservation of this species, and (3) contributes to the area of habitat needed to reestablish wild populations within its range in support of recovery criteria. At least 10 populations, each with at least 500 reproducing individuals are necessary for recovery of

Cyrtandra wagneri

(Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of this species and that this section contains one or more of the physical or biological features that are essential to the conservation of this species. Approximately 155 ac (63 ha) of this section overlaps designated critical habitat for the federally endangered plant

Adenophorus periens

(68 FR 39624; July 2, 2003).

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 11 and Drosophila digressa—Unit 2

Section 11 and

Drosophila digressa

—Unit 2 consist of wet forest ecosystem from 'O

la'a to Upper Waia

kea on the eastern slope of Mauna Loa and partially on the northern slope of Ki

lauea Volcano. Lands within this section and unit include approximately 25 percent in Federal ownership, 74 percent in State ownership, and 1 percent in private/other ownership (see table 3, above). Section 11 is comprised of three units: Unit 29 and Unit 30 are critical habitat units within unit Hawaii 29 and unit Hawaii 30 (see 50 CFR 17.99(k)(90) through (103)), which were previously designated for other plant species; and Unit 51 is a newly proposed critical habitat unit depicted on Map 118. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the Hilo Forest Reserve Ku

ku

au Section, 'O

la'a Forest Reserve Mountain View Section, Upper Waia

kea Forest Reserve, Waia

kea Forest Reserve, Pu'u Maka'ala Natural Area Reserve, and Waia

kea 1942 Lava Flow Natural Area Reserve. All Federal lands in this section and unit are managed by the National Park Service within the Hawai'i Volcanoes National Park. The State lands within this section and unit are managed under the Pu'u Maka'ala Natural Area Reserve Management Plan (DLNR-DOFAW 2013, entire) and the Three Mountain Alliance's Management Plan (TMA 2007, entire). The Federal lands within this section and unit are managed under the Hawai'i Volcanoes National Park General Management Plan (National Park Service 2015, 2016, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section and unit, see table 6 (National Park

Service 2015, 2016, entire; DLNR-DOFAW 2013, p. 21; DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).

Section 11 is occupied by the plants

Cyanea tritomantha, Phyllostegia floribunda, Pittosporum hawaiiense,

and

Schiedea diffusa

ssp.

macraei,

and

Drosophila digressa—

Unit 2 is occupied by the picture-wing fly

Drosophila digressa.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 11 is not known to be occupied by

Cyrtandra wagneri

or

Stenogyne cranwelliae,

this section contains unoccupied habitat that is essential for the conservation of these species because it (1) is habitat for these species, (2) provides at least one the physical or biological features essential for the conservation of each of these species, and (3) contributes to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Cyrtandra wagneri

needs at least 10 populations, each with at least 500 reproducing individuals, and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of these species and that this section contains one or more of the physical or biological features that are essential to the conservation of these species. Approximately 14,665 ac (5,935 ha) of this section and unit overlaps designated critical habitat for the federally endangered plants

Clermontia peleana, Cyanea stictophylla, Cyrtandra giffardii, Phyllostegia velutina,

and

Sicyos alba

(68 FR 39624; July 2, 2003), and for the picture-wing fly

Drosophila mulli

Unit 1 (Ola'a Forest) and Unit 3 (Waia

kea Forest) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 12 and Drosophila digressa—Unit 9

Section 12 and

Drosophila digressa

—Unit 9 consist of wet forest ecosystem in Ho'okena on the southwestern slopes of Mauna Loa. Newly proposed critical habitat for Section 12 is entirely within critical habitat Unit 37 depicted on Map 106 and includes approximately 100 percent Federal land with less than 1 ac (less than 1 ha) of land that is privately owned or has other ownership (see table 3, above). Lands within this section and unit are almost entirely managed by the Service within Hakalau Forest National Wildlife Refuge's Kona Forest Unit and in accordance with the Hakalau Forest National Wildlife Refuge Comprehensive Conservation Plan (Service 2010, pp. 2-13-2-19, 2-33-2-40). The State lands within this section and unit are managed under the Three Mountain Alliance Management Plan (TMA 2007, pp. 47-50). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section and unit, see table 6, above (Service 2010, entire; TMA 2007, pp. 26-37).

Section 12 is occupied by the plant

Cyanea marksii.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 12 is not known to be occupied by

Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa

ssp.

macraei,

or

Stenogyne cranwelliae,

and

Drosophila digressa

—Unit 9 is not known to be occupied by

Drosophila digressa,

this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Phyllostegia floribunda

and

Schiedea diffusa

ssp.

macraei

each need at least 10 populations, with at least 500 reproducing individuals per population;

Pittosporum hawaiiense

needs at least 10 populations, each with at least 400 reproducing individuals; and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44). For (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 1,482 ac (600 ha) of this section and unit overlap designated critical habitat for the picture-wing fly

Drosophila heteroneura

Unit 2 (Kona Refuge) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Drosophila digressa—Unit 4

Drosophila digressa—

Unit 4 consists of mesic forest ecosystem at Manuka

on the southern slopes of Mauna Loa, with 100 percent of lands in State ownership (see table 3, above). All State-owned lands in this unit are managed by the State of Hawaii as part of the Manuka

Natural Area Reserve, under the Manuka

Natural Area Reserve Draft Management Plan (DLNR-DOFAW 1992, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this unit, see table 6, above (DLNR-DOFAW 1992, entire).

Drosophila digressa—

Unit 4 is occupied by the picture-wing fly

Drosophila digressa

and includes the mesic forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the mesic forest ecosystem. This entire unit (167 ac, 67 ha) overlaps designated critical habitat (50 CFR 17.99(k)(64) through (69)) for the federally endangered plants

Colubrina oppositifolia, Diellia erecta

(now listed as

Asplenium dielerectum

),

Flueggea neowawraea, Gouania vitifolia, Neraudia ovata,

and

Pleomele hawaiiensis

(68 FR 39624; July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 13 and Drosophila digressa—Unit 5

Section 13 and

Drosophila digressa

—Unit 5 consist of wet forest ecosystem from Ki

pa

hoehoe to Honomalino on the southwestern slopes of Mauna Loa. Lands within this section and unit include approximately 12 percent in State ownership and 88 percent in private/other ownership (see table 3, above). Newly proposed critical habitat for Section 13 is entirely within critical habitat Unit 41 depicted on Map 110. All State-owned lands in this section and unit are managed by the State of Hawaii as part of the Ki

pa

hoehoe Natural Area Reserve and South Kona Forest Reserve Kapua-Manuka

Section. Some private lands are owned by The Nature Conservancy, within the Kona Hema Preserve. The State lands within this section and unit are managed under the Ki

pa

hoehoe Natural Area Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). The Nature Conservancy's land is managed under the Forest

Stewardship Management Plan for the Kona Hema Preserve (Giffin 2017, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section and unit, see table 6, above (DLNR-DOFAW 2002, entire).

Section 13 is occupied by the plants

Cyanea marksii, Phyllostegia floribunda,

and

Pittosporum hawaiiense.

This section and unit include the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. Although Section 13 is not known to be occupied by

Schiedea diffusa

ssp.

macraei

and

Stenogyne cranwelliae,

and

Drosophila digressa

—Unit 5 is not known to be occupied by

Drosophila digressa,

this section and unit contains unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Schiedea diffusa

ssp.

macraei

needs at least 10 populations, each with at least 500 reproducing individuals, and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. There is no critical habitat for other endangered or threatened species within this section and unit.

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae—Section 14 and Drosophila digressa—Unit 3

Section 14 and

Drosophila digressa

—Unit 3 are entirely overlapping and consist of wet and mesic forest ecosystems at Kahuku on the southern slopes of Mauna Loa. Newly proposed critical habitat for Section 14 is comprised of a single unit of newly proposed critical habitat, Unit 42 depicted on Map 111. Lands within this section and unit include approximately 100 percent in Federal ownership and less than 1 percent in State ownership (see table 3, above). Federal lands are managed by the National Park Service within the Hawai'i Volcanoes National Park in accordance with the Hawai'i Volcanoes National Park General Management Plan (National Park Service 2015, 2016, entire). All State-owned lands in this section and unit are managed by the State of Hawaii, are part of the Ka'ū Forest Reserve, and are managed under the Ka'ū Forest Reserve Management Plan (DLNR-DOFAW 2012, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section and unit, see table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).

Section 14 is occupied by the plants

Pittosporum hawaiiense

and

Schiedea diffusa

ssp.

macraei.

This section and unit include the wet and mesic forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet and mesic forest ecosystems. Although Section 14 is not known to be occupied by the plants

Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda,

or

Stenogyne cranwelliae,

or by the picture-wing fly

Drosophila digressa

in

Drosophila digressa

—Unit 3, this section and unit contain unoccupied habitat that is essential for the conservation of these species because they (1) are habitat for these species, (2) provide at least one the physical or biological features essential for the conservation of each of these species, and (3) contribute to the area of habitat needed to reestablish wild populations within their range in support of recovery criteria for each of these species. For recovery,

Cyanea tritomantha, Cyrtandra wagneri,

and

Phyllostegia floribunda

each need at least 10 populations, with at least 500 reproducing individuals per population, and

Stenogyne cranwelliae

needs at least 20 populations, each with at least 500 reproducing individuals (Service 2022a, p. 43-44).

Drosophila digressa

needs at least 10 stable populations for recovery (Service 2022a, p. 49). Therefore, we are reasonably certain that this section and unit will contribute to the conservation of these species and that this section and unit contain one or more of the physical or biological features that are essential to the conservation of these species. Approximately 681 ac (275 ha) of this section and unit overlap designated critical habitat for the picture-wing fly

Drosophila heteroneura

Unit 3 (Lower Kahuku) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis—Section 15

Section 15 consists of wet forest ecosystem at Kamā'ili near the east rift zone of Kīlauea Volcano in the district of Puna. Lands within this section are entirely under State ownership managed by the State of Hawaii within the Keau'ohana Forest Reserve (see table 3, above). Section 15 is comprised of one unit: Unit 47, which is a newly proposed critical habitat unit depicted on Map 116. The State lands within this section are managed under the Three Mountain Alliance's Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).

Section 15 is occupied by the plant

Cyrtandra nanawaleensis

and includes the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. There is no critical habitat for other endangered or threatened species within the section.

Cyrtandra nanawaleensis—Section 16

Section 16 consists of wet forest ecosystem in Pāhoa near the east rift zone of Kīlauea Volcano in the district of Puna. Lands within this section include approximately 99 percent under State ownership and 1 percent in private/other ownership (see table 3, above). Section 16 is comprised of one unit: Unit 48, which is a newly proposed critical habitat unit depicted on Map 116. All State-owned lands in this section are managed by the State of Hawaii as part of the Nānāwale Forest Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).

Section 16 is occupied by the plant

Cyrtandra nanawaleensis

and includes the wet forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest ecosystem. There is no critical habitat for other endangered or threatened species within the section.

Cyrtandra nanawaleensis—Section 17

Section 17 consists of wet and mesic forest and mesic grassland and shrubland ecosystems at Malama-Kī near the east rift zone of Kīlauea Volcano in the district of Puna. Lands within this section include approximately 99 percent under State ownership and 1 percent in private/other ownership (see table 3, above). Section 17 is comprised of one unit: Unit 49, which is a newly proposed critical habitat unit depicted on Map 117. State-owned lands within this section are managed by the State of Hawaii within the Malama-Kī Forest Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).

Section 17 is occupied by the plant

Cyrtandra nanawaleensis

and includes the wet forest, mesic forest, and mesic grassland and shrubland; the moisture regime; and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest, mesic forest, and mesic grassland and shrubland ecosystems. There is no critical habitat for other endangered or threatened species within the section.

Cyrtandra nanawaleensis—Section 18

Section 18 consists of wet and mesic forest and mesic grassland and shrubland ecosystems at Kapoho near the east rift zone of Kīlauea Volcano in the district of Puna. Lands within this section include approximately 99 percent under State ownership and 1 percent in private/other ownership (see table 3, above). Section 18 is comprised of one unit: Unit 50, which is a newly proposed critical habitat unit depicted on Map 117. State-owned lands within this section are managed by the State of Hawaii within the Nānāwale Forest Reserve Halepua'a section, under the Three Mountain Alliance's Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).

Section 18 is occupied by the plant

Cyrtandra nanawaleensis

and includes the wet forest, mesic forest, and mesic grassland and shrubland; the moisture regime; and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the wet forest, mesic forest, and mesic grassland and shrubland ecosystems. There is no critical habitat for other endangered or threatened species within the section.

Schiedea hawaiiensis—Section 19

Section 19 consists of dry forest ecosystems adjacent to the Pōhakuloa Training Area in the saddle of Maunakea, Mauna Loa, and Hualālai. Lands within this section are entirely in State ownership (see table 3, above). Proposed critical habitat for Section 19 is entirely within proposed critical habitat Unit 55 depicted on Map 122. The State-owned lands in this section include the Pu'u Anahulu Game Management Area and are managed under the Mauna Kea Watershed Management Plan (Stewart 2010, entire) and the Three Mountain Alliance Management Plan (TMA 2007, entire). For general land use, threats, and special management considerations or protection measures to reduce or alleviate the threats within this section, see table 6, above (DLNR-DOFAW 2015, entire; TMA 2007, pp. 51-55).

Section 19 is not known to be occupied by

Schiedea hawaiiensis,

but this section includes the dry forest, the moisture regime, and canopy, subcanopy, and understory native plant species identified as the physical or biological features in the dry forest ecosystems. This section also provides an area for potential population establishment, which is essential for the conservation of

Schiedea hawaiiensis

because 10 populations are identified as part of the recovery criteria, but only 1 wild population and 3 reintroduced populations are extant. Although Section 19 contains unoccupied habitat for

Schiedea hawaiiensis,

we have determined this area is essential for the conservation of this species because it (1) is habitat for this species, (2) provides at least one the physical or biological features essential for the conservation of this species, and (3) contributes to the area of habitat needed to reestablish wild populations within its range in support of recovery criteria. At least 10 populations, each with at least 500 reproducing individuals for, are necessary for recovery (Service 2022a, p. 43-44). Therefore, we are reasonably certain that this section will contribute to the conservation of this species and that this section contains one or more of the physical or biological features that are essential to the conservation of this species. Section 19 does not overlap with existing critical habitat for other listed species.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of designated critical habitat of such species. In addition, section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any agency action which is likely to jeopardize the continued existence of any species proposed to be listed under the Act or result in the destruction or adverse modification of proposed critical habitat.

We published a final rule revising the definition of destruction or adverse modification on August 27, 2019 (84 FR 44976). Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species.

If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. Examples of actions that are subject to the section 7 consultation process are actions on State, Tribal, local, or private lands that require a Federal permit ((such as a permit from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251

et seq.

) or a permit from the Service under section 10 of the Act)) or that involve some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency). Federal actions not affecting listed species or critical habitat—and actions on State, Tribal, local, or private lands that are not federally funded, authorized, or carried out by a Federal agency—do not require section 7 consultation.

Compliance with the requirements of section 7(a)(2) is documented through our issuance of:

(1) A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or

(2) A biological opinion for Federal actions that may affect, and are likely to adversely affect, listed species or critical habitat.

When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we

provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. We define “reasonable and prudent alternatives” (at 50 CFR 402.02) as alternative actions identified during consultation that:

(1) Can be implemented in a manner consistent with the intended purpose of the action,

(2) Can be implemented consistent with the scope of the Federal agency's legal authority and jurisdiction,

(3) Are economically and technologically feasible, and

(4) Would, in the Service Director's opinion, avoid the likelihood of jeopardizing the continued existence of the listed species and/or avoid the likelihood of destroying or adversely modifying critical habitat.

Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.

Regulations at 50 CFR 402.16 set forth requirements for Federal agencies to reinitiate consultation on previously reviewed actions. These requirements apply when the Federal agency has retained discretionary involvement or control over the action (or the agency's discretionary involvement or control is authorized by law) and, subsequent to the previous consultation: (a) if the amount or extent of taking specified in the incidental take statement is exceeded; (b) if new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (c) if the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or (d) if a new species is listed or critical habitat designated that may be affected by the identified action.

In such situations, Federal agencies sometimes may need to request reinitiation of consultation with us, but Congress also enacted some exceptions in 2018 to the requirement to reinitiate consultation on certain land management plans on the basis of a new species listing or new designation of critical habitat that may be affected by the subject federal action. See 2018 Consolidated Appropriations Act, Public Law 115-141, Div, O, 132 Stat. 1059 (2018).

Application of the “Destruction or Adverse Modification” Standard

The key factor related to the destruction or adverse modification determination is whether implementation of the proposed Federal action directly or indirectly alters the designated critical habitat in a way that appreciably diminishes the value of the critical habitat as a whole for the conservation of the listed species. As discussed above, the role of critical habitat is to support physical or biological features essential to the conservation of a listed species and provide for the conservation of the species.

Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any proposed or final regulatio

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