Endangered and Threatened Wildlife and Plants; Final Rule To Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88

Endangered and Threatened Wildlife and Plants; Final Rule To

Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines to

remove a plant, Bidens cuneata (cuneate bidens), from the List of

Endangered Plants. This action is based on a review of the best

available scientific and commercial data, which indicate that this

plant is not a discrete taxonomic entity and therefore does not meet

the definition of a species as defined by the Endangered Species Act of

1973, as amended (Act). Extensive studies associated with a recent

revision of the Hawaiian members of the genus have concluded that

Bidens cuneata is an outlying population of Bidens molokaiensis, which

is common along the windward cliffs of the island of Molokai.

EFFECTIVE DATE: February 6, 1996.

ADDRESSES: The complete file for this final rule is available for

public inspection, by appointment, during normal business hours, at the

U.S. Fish and Wildlife Service, Pacific Islands Ecoregion, 300 Ala

Moana Boulevard, Room 3108, P.O. Box 50088, Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands

Ecoregion Manager, at the above address (808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

The type specimen for Bidens cuneata was collected on Diamond Head,

Oahu, by William A. Bryan on December 6, 1903, and was formally

described by Earl E. Sherff in 1920 (Sherff 1920, Takeuchi 1980).

Subsequent to its initial discovery, there were no further collections

or observations of the species, leading botanists to believe that it

could have gone extinct. In 1955, the species was rediscovered in the

area where it was collected originally (Takeuchi 1980).

Hybrids of the Hawaiian Bidens species can readily be induced

experimentally and result in highly fertile progeny, indicating a

general lack of genetic barriers within the group. Based upon

experimental crosses in the Hawaiian members of the genus, Gillette and

Lim (1970) concluded that Bidens cuneata was a natural hybrid between

Bidens mauiensis, native to the island of Maui, and Bidens

molokaiensis, which is restricted to Molokai Island; however, few

botanists accepted this conclusion. Citing the occurrence of natural

and experimental hybrids, Gillette (1975) later contended that the 41

species of Hawaiian Bidens placed by Sherff in section Campylotheca

should be considered a single species. Recent systematic studies of the

genus (including additional experimental hybridizations) culminated in

a revision of the Hawaiian members of the genus (Ganders and Nagata

1990). In this publication, Bidens cuneata was considered conspecific

with Bidens molokaiensis, a common species found along the northern

side of Molokai Island. Bidens molokaiensis occurs between sea level

and 150 meters (500 feet) in elevation along the seashores, sea cliffs,

talus slopes, and fields of northern Molokai from Hoolehua to Kaonihu,

a distance of about 37 kilometers (23 miles) or about two-thirds the

length of the island.

Previous Federal Action

Federal action on Bidens cuneata began as a result of section 12 of

the Act, which directed the Secretary of the Smithsonian Institution to

prepare a report on plants considered to be endangered, threatened, or

extinct in the United States. This report, designated as House Document

No. 94-51, was presented to Congress on January 9, 1975. In that

document Bidens cuneata was considered to be endangered. On July 1,

1975, the Service published a notice in the Federal Register (40 FR

27823) of its acceptance of the Smithsonian report as a petition within

the context of section 4(c)(2) (now section 4(b)(3)) of the Act), and

giving notice of its intention to review the status of the plant

species named therein. As a result of that review, on June 16, 1976,

the Service published a proposed rule in the Federal Register (41 FR

24523) to determine endangered status pursuant to section 4 of the Act

for approximately 1,700 vascular plant species, including Bidens

cuneata. The list of 1,700 plant species was assembled on the basis of

comments and data received by the Smithsonian Institution and the

Service in response to House Document No. 94-51 and the July 1, 1975,

Federal Register publication.

General comments received in response to the 1976 proposal are

summarized in an April 26, 1978, Federal Register publication (43 FR

17909). In 1978, amendments to the Act required that all proposals over

two years old be withdrawn. A one-year grace period was given to

proposals already over two years old. On December 10, 1979, the Service

published a notice in the Federal Register (44 FR 70796) withdrawing

the portion of the June 16, 1976, proposal that had not been made

final, along with four other proposals that had expired.

Bidens cuneata was proposed for listing as an endangered species on

August 23, 1982 (47 FR 36675). The public comment period ended on

November 22, 1982. The final rule listing Bidens cuneata as an

endangered species was published in the Federal Register on February

17, 1984 (49 FR 6099). On July 7, 1993, the Service published in the

Federal Register (57 FR 47028) a proposal to delist Bidens cuneata.

This proposal was based primarily on information from current taxonomic

literature, which is the best scientific and commercial information

available. The Service now determines Bidens cuneata should be delisted

with the publication of this rule.

Summary of Comments and Recommendations

In the July 7, 1993, proposed rule (57 FR 47028) and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. Appropriate State agencies, county governments, Federal

agencies, scientific organizations, and other interested parties were

contacted and requested to comment. A newspaper notice inviting public

comment was published in the ``Honolulu Advertiser'' on August 6, 1993.

The public comment period ended on September 7, 1993. No comments were

received.

Summary of Factors Affecting the Species

The Act and its implementing regulations, 50 CFR 424.11, require

that certain factors be considered before a species can be listed,

reclassified, or delisted. These factors and their

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application to Bidens cuneata Sherff (cuneate bidens) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Bidens cuneata has been determined

to be no more than an outlying population of Bidens molokaiensis, a

common species native to the northern part of Molokai. Bidens

molokaiensis is not significantly threatened with destruction,

modification, or curtailment of its habitat throughout a significant

portion of its range. The final rule (49 FR 6099) designating Bidens

cuneata as an endangered species identified habitat degradation,

possible reduction of reproductive success due to a decline of native

pollinating insects, and potential fire hazards as threats contributing

to the endangerment of that species. If Bidens cuneata were a valid

taxon and met the definition of a species as described by the Act, then

these factors would be relevant. However, since the entity shows no

genetic integrity independent of Bidens molokaiensis, it cannot be

scientifically defended as either a species or subspecies.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Such overutilization is not known to be a factor

for Bidens molokaiensis, which includes Bidens cuneata.

C. Disease or predation. Disease or predation is not a threat to

Bidens molokaiensis, which includes Bidens cuneata.

D. The inadequacy of existing regulatory mechanisms. Federal

listing of a species as endangered or threatened automatically invokes

listing under Hawaii State law, which prohibits taking of endangered

plants in the state and encourages conservation by State agencies.

State regulations prohibit the removal, destruction, or damage of

plants found on State lands. This final rule may remove the protection

of the State laws that this population presently enjoys as a federally

listed species. It also requires the reevaluation of Bidens cuneata in

the context of its status in State land use planning documents.

However, since Bidens molokaiensis is a common species, this is not

expected to have a detrimental effect.

E. Other natural or manmade factors affecting its continued

existence. None known.

The regulations at 50 CFR 424.11(d) state that a species may be

delisted if: (1) it becomes extinct, (2) it recovers, or (3) the

original classification data were in error. The Service believes that

the best current scientific information demonstrates that Bidens

cuneata does not represent a valid taxonomic entity and, therefore,

does not meet the definition of species as defined in section 3(15) of

the Act.

In accordance with 5 U.S.C. 553(d), the Service has determined that

this rule relieves an existing restriction and good cause exists to

make the effective date of this rule immediate. Delay in implementation

of this delisting would cost government agencies staff time and monies

on conducting formal section 7 consultation on actions which may affect

a species no longer in need of the protection under the Act. Relieving

the existing restriction associated with this listed species will

enable Federal agencies to minimize any further delays in project

planning and implementation for actions that may affect Bidens cuneata.

Effects of Rule

The action to delist Bidens cuneata results in the removal of this

species from the List of Endangered and Threatened Plants. Federal

agencies are no longer required to consult with the Secretary of the

Interior to insure that any action authorized, funded, or carried out

by such agency is not likely to jeopardize the continued existence of

Bidens cuneata. There is no designated critical habitat for this

species. Federal restrictions on taking this species no longer apply.

There are no specific preservation or management programs for the

species to be terminated.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Ganders, F.R., and K.M. Nagata. 1990. Bidens: in Wagner, W.L., D.R.

Herbst, and S.H. Sohmer, Manual of the flowering plants of Hawai'i.

University of Hawaii Press and Bishop Museum Press, Honolulu. Bishop

Mus. Spec. Publ. 83:267-283.

Gillette, G.W. 1975. The diversity and history of Polynesian Bidens,

section Campylotheca. Univ. Hawaii Harold L. Lyon Arbor. Lecture

6:1-32.

Gillette, G.W., and E.K.S. Lim. 1970. An experimental study of the

genus Bidens (Asteraceae) in the Hawaiian Islands. Univ. Calif.

Publ. Bot. 56:1-63.

Sherff, E.E. 1920. Studies in the genus Bidens. V. Bot. Gaz. 70:89-

109.

Takeuchi, W. 1980. Unpublished status survey of Bidens cuneata

Sherff. U.S. Fish and Wildlife Service, Honolulu, 29 pp.

Author

The author of this final rule is Marie M. Bruegmann, Pacific

Islands Ecoregion (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

Sec. 17.12 [Amended]

2. Section 17.12(h) is amended by removing the entry ``Bidens

cuneata'' under ``FLOWERING PLANTS'' from the List of Endangered and

Threatened Plants.

Dated: November 3, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 96-2488 Filed 2-5-96; 8:45 am]

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