Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Plant Species (Cyanea dunbarii, Lysimachia maxima, and Schiedea sarmentosa) from the Island of Molokai, Hawaii

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AD49

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for Three Plant Species (Cyanea dunbarii, Lysimachia

maxima, and Schiedea sarmentosa) from the Island of Molokai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act) for three plants: Cyanea dunbarii (haha), Lysimachia

maxima (No common name (NCN)), and Schiedea sarmentosa (NCN). All three

species are endemic to the island of Molokai, Hawaiian Islands. The

three plant species and their habitats have been variously affected or

are currently threatened by one or more of the following--competition,

predation, or habitat degradation from introduced species; fire; and

natural disasters. This rule implements the Federal protection and

recovery provisions afforded by the Act for these three species.

EFFECTIVE DATE: This rule takes effect November 12, 1996.

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

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

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

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

FOR FURTHER INFORMATION CONTACT: Brooks Harper, Field Supervisor (see

ADDRESSES section) (telephone 808/541-3441; facsimile 808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

Cyanea dunbarii, Lysimachia maxima, and Schiedea sarmentosa are

endemic to the island of Molokai. This island, the fifth largest in the

Hawaiian island chain, is approximately 61 kilometers (km) (38 miles

(mi)) long, up to 16 km (10 mi) wide, and encompasses an area of about

688 square (sq) km (266 sq mi) (Foote et al. 1972, Plasch 1985). Three

shield volcanoes make up most of the land mass of Molokai--West Molokai

Mountain, East Molokai Mountain, and a volcano that formed Kalaupapa

Peninsula (Department of Geography 1983). Molokai can also be divided

into three major sections--the west Molokai section, comprising West

Molokai Mountain; the central Molokai section or Hoolehua Plain formed

between the two large mountain masses; and the east Molokai section,

incorporating East Molokai Mountain and Kalaupapa Peninsula (Foote et

al. 1972).

The taller and larger East Molokai Mountain rises 1,813 meters (m)

(4,970 feet (ft)) above sea level (Walker 1990) and comprises roughly

50 percent of the island's land area. Topographically, the windward

side of East Molokai differs from the leeward side. Precipitous cliffs

line the northern windward coast with deep inaccessible valleys

dissecting the coastline. The annual rainfall on the windward side is

200 to over 375 centimeters (cm) (75 to over 150 inches (in)),

distributed throughout the year. The soils are poorly drained and high

in organic matter. The gulches and valleys are usually very steep, but

sometimes gently sloping (Foote et al. 1972). Much of the native

vegetation on the northern part of East Molokai is intact because of

its relative inaccessibility to humans and animals (Culliney 1988),

although destructive ungulates have begun to enter the coastline in

recent years (Joel Lau, Hawaii Heritage Program (HHP), pers. comm.

1990). Lysimachia maxima is found in windward wet forest.

Although Molokai's windward side receives most of the island's

rainfall, some falls onto the upper slopes of the leeward (southern)

side, decreasing as elevation decreases, and resulting in diverse

leeward communities, from wet forests to dry shrub and grasslands. The

average annual rainfall on the leeward side of East Molokai is between

80 and 130 cm (30 and 50 in), mostly falling between November and

April. The gently sloping to very steep topography of upland regions

has predominantly well drained and medium-textured soils (Foote et al.!

1972). Cyanea dunbarii and Schiedea sarmentosa are found in lowland

mesic forest and dry shrubland on the leeward side of the island.

With the advent of cattle ranching and later pineapple cultivation,

most of Molokai, particularly West Molokai and East Molokai's southern

section, was converted to pasture land. The only remaining large tracts

of native vegetation are found within the Molokai Forest Reserve on the

upper elevation portions of East Molokai. All three plant species in

this rule are restricted to this forest reserve (Culliney 1988). The

land that supports these three plant species is owned by various

private parties and the State of Hawaii (including forest reserves).

The only known populations of Lysimachia maxima and Schiedea sarmentosa

occur on privately owned land. The only known population of Cyanea

dunbarii occurs on State land.

Discussion of the Three Species Included in This Final Rule

Cyanea dunbarii was first described by Joseph F. Rock, who named it

in honor of the collector, L.M. Dunbar (Rock 1919). Harold St. John

(1987a, St. John and Takeuchi 1987) merged Cyanea with Delissea, the

genus with priority. Lammers (1990) retained both genera in the

currently accepted treatment of the family.

Cyanea dunbarii, a member of the bellflower family (Campanulaceae),

is a branched shrub 1.5 to 2 m (4.9 to 6.6 ft) tall. The oval to

broadly elliptic leaves are 10 to 22 cm (3.9 to 8.7 in) long and 6 to

14 cm (2.4 to 5.5 in) wide, with irregularly lobed or cleft margins.

The flowers are arranged in groups of six to eight on a stalk that is 3

to 7 cm (1.2 to 2.8 in) long. The corolla is white,

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tinged or striped with pale lilac and 30 to 38 mm (1.2 to 1.5 in) long.

The corolla is slightly curved, with spreading lobes three-fourths as

long as the tube. This species is distinguished from others in this

endemic Hawaiian genus by the lack of prickles on the stems and the

irregularly lobed and cleft leaf margins (Lammers 1990).

Cyanea dunbarii was collected in 1918 at Waihanau and Waialae

valleys, and was not observed again until 1992, when Joel Lau of HHP

found it in Mokomoko Gulch (HHP 1993a1 to 1993a3, Rock 1919, Wimmer

1943). Approximately 15 to 20 mature plants are known from this

population, which occurs on State-owned land within Molokai Forest

Reserve, at an elevation of 685 m (2,250 ft) (HHP 1993a3; Loyal

Mehrhoff, U.S. Fish and Wildlife Service, in litt., 1994). Cyanea

dunbarii is found in mesic to wet Dicranopteris linearis (uluhe)-

Metrosideros polymorpha ('ohi'a) forest on moderate to steep slopes

along a stream (HHP 1993a3; L. Mehrhoff, in litt. 1994). Associated

species include Perrottetia sandwicensis (olomea), Pipturus albidus

(mamaki), Clermontia kakeana (haha), Cheirodendron trigynum ('olapa),

and Freycinetia arborea ('ie'ie) (L. Mehrhoff, in litt., 1994). The

major threats to Cyanea dunbarii are competition with the alien plants

Rubus rosifolius (thimbleberry), Commelina diffusa (honohono),

Hedychium sp. (ginger), and Kalanchoe pinnata (air plant); and a risk

of extinction from naturally occurring events (such as landslides or

flooding) and/or reduced reproductive vigor due to the small number of

individuals in the only known population (HHP 1993a3; L. Mehrhoff, in

litt. 1994). Rats (Rattus spp.) are a potential threat since they are

known to be in the area and eat stems and fruits of other species of

Cyanea (Cuddihy and Stone 1990). Axis deer (Axis axis) and pigs (Sus

scrofa) are potential threats to this species, since they are known to

occur in areas adjacent to the only known population (L. Mehrhoff, in

litt., 1994; Ed Misaki, The Nature Conservancy (TNC), pers. comm.,

1991).

William Hillebrand considered a plant he collected in Pelekunu

Valley in the 1800's to be a new variety of Lysimachia hillebrandii

(Hillebrand 1888). In 1905, R. Knuth named Hillebrand's specimen

Lysimachia hillebrandii var. maxima (Pax and Knuth 1905). St. John

(1987b) elevated the variety to a species, Lysimachia ternifolia.

Wagner et al. (1990) called this taxon Lysimachia maxima. An ongoing

revision of the genus has determined that L. ternifolia is an invalidly

published name and concurs that L. maxima is the correct name for this

species (Ken Marr, University of British Columbia, in litt. 1994).

Lysimachia maxima, a member of the primrose family (Primulaceae),

is a sprawling shrub with reddish brown bark. The leaves, borne in

groups of three along the stems, are oval with the broadest portion at

the tip of the leaves. The leaves are 3.8 to 8 cm (1.5 to 3 in) long

and 1.8 to 5 cm (0.7 to 2 in) wide. The upper surface of the leaves has

a few scattered hairs when young and the lower surface is sparsely

covered with long, soft, rusty hairs when young. The corolla is

purplish-yellow, bell-shaped, and about 10 to 12 mm (0.4 to 0.5 in)

long. This species is differentiated from others in this genus by the

leaves borne in groups of three, the broadest portion of the leaf above

the middle, and rusty hairs that disappear with maturity (Wagner et al.

1990).

Lysimachia maxima is only known from one population on the rim of

Pelekunu Valley near Ohialele, on TNC's Pelekunu Preserve immediately

adjacent to State-owned land managed as part of Kalaupapa National

Historical Park (HHP 1991a, Hawaii Plant Conservation Center (HPCC)

1991a, Hillebrand 1888, Pax and Knuth 1905, Wagner et al. 1990).

Approximately 20 to 40 individuals are currently known (L. Mehrhoff, in

litt. 1994). This species occurs in 'ohi'a-uluhe montane wet forest at

an elevation of 975 m (3,200 ft). Associated species include Psychotria

sp. (kopiko), Vaccinium sp. (ohelo), Hedyotis sp. (manono), Dubautia

sp. (na'ena'e), and Ilex anomala (kawa'u) (HPCC 1991a; L. Mehrhoff, in

litt. 1994). The major threats to Lysimachia maxima are landslides and

the risk of extinction from naturally occurring events and/or reduced

reproductive vigor due to the small number of individuals in the only

known population (HPCC 1991a; L. Mehrhoff, in litt. 1994). Pigs and

goats are known from adjacent areas and pose a potential threat to this

species (L. Mehrhoff, in litt. 1994).

In 1928, Otto Degener collected a plant on Molokai that E.E. Sherff

(1946) later named Schiedea sarmentosa. Schiedea sarmentosa was

included in Schiedea menziesii by Wagner et al. (1990). Warren Wagner

and Stephen Weller, who are preparing a monograph of the genus, now

consider S. sarmentosa to be a separate species (Warren Wagner,

Smithsonian Institution, and Stephen Weller, University of California,

Irvine, in litt. 1994).

Schiedea sarmentosa, a member of the pink family (Caryophyllaceae),

is a many-branched shrub 30 to 45 cm (12 to 18 in) tall. The opposite

leaves are slender and threadlike, 1.5 to 4.5 cm (0.6 to 1.8 in) long,

and 0.5 to 1.5 mm (0.01 to 0.05 in) wide. The leaves are covered with

dense, glandular hairs. There may be as many as 40 to 60 inflorescences

on one plant, often with 50 to 100 flowers in each inflorescence. The

flowers are female on some plants and bisexual on others. The green

sepals are egg-shaped, 2 to 3 mm (0.07 to 0.12 in) long, and somewhat

hairy. The staminodes (false stamens) are half as long as the sepals

and two-branched at the tip. The fruits are oval capsules. This species

differs from others in this endemic Hawaiian genus by its densely bushy

habit, leaf width, hairiness, and staminode length (Sherff 1946; S.

Weller and W. Wagner, in litt., 1994).

Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and

Onini Gulch (HHP 1991b, 1993b; HPCC 1991b, 1992; Sherff 1946; J. Lau,

HHP, in litt. 1994). Currently, only two populations are known. One

population at the boundary of TNC's Kamakou Preserve in Onini Gulch has

approximately 30 individuals (HHP 1993b). The other population occurs

on privately owned land in Makolelau, and consists of 4 subpopulations

totaling approximately 300 to 400 individuals (Steve Perlman, HPCC, and

S. Weller, pers. comms. 1994). Estimates of the total number of

individuals have ranged up to 1,000 (J. Lau, HHP, pers. comm. 1994). An

accurate count is somewhat difficult because this species is

interspersed with Schiedea lydgatei (Steve Perlman, HPCC, and S.

Weller, pers. comms. 1994). Schiedea sarmentosa is typically found on

steep slopes in 'ohi'a-Dodonaea viscosa ('a'ali'i) lowland dry or mesic

shrubland between 610 and 790 m (2,000 and 2,600 ft) elevation (HHP

1991b, 1993b; HPCC 1991b, 1992). Associated species include Styphelia

tameiameiae (pukiawe), Chenopodium oahuensis ('aheahea), Alyxia

oliviformis (maile), Pleomele sp. (hala pepe), and Chamaesyce sp.

('akoko) (HHP 1993b; HPCC 1991b, 1992). Major threats to Schiedea

sarmentosa include feral goats and pigs, the alien plants Melinis

minutiflora (molasses grass) and Ricinus communis (castor bean), and

fire. The species is also threatened by a risk of extinction from

naturally occurring events due to the low number of populations (J.

Lau, in litt. 1994; S. Perlman, pers. comm. 1994).

Previous Federal Action

Federal government action on these plants began when the Service

published a revised notice of review in the Federal Register (55 FR

6183) on February 21, 1990, of native plants

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considered for listing under the Act. Lysimachia maxima (as L.

ternifolia) and Schiedea sarmentosa (as S. menziesii) were included as

Category 2 candidate species. Category 2 candidates were those for

which listing as endangered or threatened was possibly appropriate, but

for which sufficient data on biological vulnerability and threats was

not currently available to support proposed rules. Lysimachia maxima

(as L. ternifolia) and Schiedea sarmentosa (as S. menziesii) were also

included as Category 2 candidates in the September 30, 1993 (58 FR

51144) notice of review. A proposed rule to list Cyanea dunbarii,

Lysimachia maxima and Schiedea sarmentosa as endangered was published

on October 2, 1995 (60 FR 51436) and the February 28, 1996 (61 FR 7596)

notice of review listed all three species as proposed for endangered

status.

Based on comments and recommendations received in response to the

proposal (see Comments and Recommendations, below), the Service now

determines these three plant species to be endangered with publication

of this rule.

Summary of Comments and Recommendations

In the October 2, 1995 proposed rule and associated notifications,

all interested parties were requested to submit factual reports or

information that might contribute to the development of a final listing

decision. The public comment period ended on December 1, 1995.

Appropriate State agencies, county governments, Federal agencies,

scientific organizations, and other interested parties were contacted

and requested to comment. Newspaper notices inviting public comment

were published in ``The Garden Island'' on October 19, 1995, the ``Maui

News'' on October 20, 1995, the ``Kauai Times'' on October 18, 1995,

the ``Hawaii Tribune-Herald'' on October 18, 1995, and the ``Honolulu

Advertiser'' on October 20, 1995.

Comments were received from three parties. All three parties

expressed support for the proposed listing. No additional information

was offered.

Pursuant to the Service's policy on peer review (59 FR 34270), the

expert opinions of three appropriate and independent specialists were

also solicited regarding pertinent scientific or commercial data and

assumptions relating to the taxonomy, population models, and supportive

biological and ecological information for these three species. A

response was received from one peer reviewer.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

part 424) promulgated to implement the listing provisions of the Act

set forth the procedures for adding species to the Federal lists. A

species may be determined to be an endangered or threatened species due

to one or more of the five factors described in section 4(a)(1). These

factors and their application to Cyanea dunbarii Rock (haha),

Lysimachia maxima (R. Knuth) St. John (NCN), and Schiedea sarmentosa

Degener & Sherff (NCN) are as follows:

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. The habitats of the plants

included in this rule have undergone extreme alteration because of past

and present land management practices, including deliberate alien

animal and plant introductions, agricultural development, and

recreational use. Natural disturbances such as storms and landslides

also destroy habitat and can have a significant effect on small

populations of plants. Destruction and modification of habitat by

introduced animals pose serious threats to one of the species in this

rule and pose serious potential threats in the event that these

introduced animals spread to portions of Molokai where the other

species occur (See Table 1.).

When Polynesian immigrants settled in the Hawaiian Islands, they

brought water-control and slash-and-burn systems of agriculture and

encouraged plants that they introduced to grow in valleys. These land

use practices resulted in erosion, changes in the composition of native

communities, and a reduction of biodiversity (Cuddihy and Stone 1990,

Kirch 1982, Wagner et al. 1985). Hawaiians settled and altered many

areas of Molokai, including areas in which some of the species in this

final rule grew. Many forested slopes were denuded in the mid-1800's to

supply firewood to whaling ships, plantations, and island residents.

Native plants were undoubtedly affected by these practices. Also,

sandalwood and tree fern harvesting occurred in many areas, changing

forest composition and affecting native species (Cuddihy and Stone

1990).

Beginning with Captain James Cook in 1792, early European explorers

introduced livestock, which became feral, increased in number and

range, and caused significant changes to the natural environment of

Hawaii. The 1848 provision for land sales to individuals allowed large-

scale agricultural and ranching ventures to begin. So much land was

cleared for these enterprises that climatic conditions began to change,

and the amount and distribution of rainfall were altered (Wenkam 1969).

Plantation owners supported reforestation programs that resulted in

many alien trees being introduced in the hope that the watershed could

be conserved. Beginning in the 1920's, water collection and diversion

systems were constructed in upland areas to irrigate lowland fields,

and this undoubtedly destroyed individuals and populations of native

plants. The irrigation system also opened new routes for the invasion

of alien plants and animals into native forests (Cuddihy and Stone

1990, Culliney 1988, Wagner et al. 1990, Wenkam 1969).

Past and present activities of introduced alien mammals are the

primary factor in altering and degrading vegetation and habitats on

Molokai. Feral ungulates trample and eat native vegetation and disturb

and open areas. This causes erosion and allows the entry of alien plant

species (Cuddihy and Stone 1990, Wagner et al. 1990). While only one of

the species in this rule is directly threatened by habitat degradation

resulting from introduced ungulates, goats, deer, and pigs are known to

occur in adjacent areas and pose a serious potential threat if they

spread to the areas where the other two species occur.

The goat (Capra hircus), a species originally native to the Middle

East and India, was successfully introduced to the Hawaiian Islands in

1792. Currently populations exist on Molokai and four other islands. On

Molokai, feral goats degrade dry forests and are now invading the

wetter regions along the northern coast of East Molokai (Stone 1985; J.

Lau, pers. comm. 1990). Goats are managed in Hawaii as a game animal

and goat hunting is allowed year-round or during certain months,

depending on the area (Hawaii Department of Land and Natural Resources

(DLNR) n.d.-a, n.d.-b, n.d.-c, 1988). Goats browse on introduced

grasses and native plants, especially in drier and more open

ecosystems. Feral goats trample roots and seedlings, cause erosion, and

promote the invasion of alien plants. They are able to forage in

extremely rugged terrain and have a high reproductive capacity

(Culliney 1988, Cuddihy and Stone 1990, Scott et al. 1986, Tomich 1986,

van Riper and van Riper 1982). Although northeastern Molokai is

considered one of the most remote and inaccessible places in the main

Hawaiian islands, the vegetation

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there is predominantly exotic (Culliney 1988). The replacement of

native vegetation is attributed to the large number of goats. Due to

their agility, goats are able to reach vegetation not usually

accessible to other animals (Culliney 1988). Goats are a threat to the

larger population of Schiedea sarmentosa and a potential threat to the

only known population of Lysimachia maxima, since they may invade the

area where this taxon occurs (L. Mehrhoff, in litt. 1994; S. Perlman,

pers. comm. 1994).

The pig (Sus scrofa) is a species originally native to Europe,

northern Africa, Asia Minor, and Asia. European pigs, introduced to

Hawaii by Captain James Cook in 1778, became feral and invaded forested

areas, especially wet and mesic forests and dry areas at high

elevations. They are currently present on Molokai and four other

islands, and inhabit rain forests and grasslands. Pig hunting is

allowed on all islands either year-round or during certain months,

depending on the area (DLNR n.d.-a, n.d.-b, n.d.-c, 1988). While

rooting in the ground in search of the invertebrates and plant material

to eat, feral pigs disturb and destroy vegetative cover, trample plants

and seedlings, and threaten forest regeneration by damaging seeds and

seedlings. They disturb soil and cause erosion, especially on slopes.

Alien plant seeds are dispersed on their hooves and coats as well as

through their feces (Cuddihy and Stone 1990, Scott et al. 1986, Stone

1985, Tomich 1986, Wagner et al. 1990). Feral pigs pose an immediate

threat to Schiedea sarmentosa and a potential threat to Cyanea dunbarii

and Lysimachia maxima. If not controlled, habitat degradation by pigs

may become a significant problem to the only known populations of the

latter two species (L. Mehrhoff, in litt. 1994; S. Perlman, pers. comm.

1994).

Of the ungulates that have become established on Molokai during the

past 150 years, the axis deer (Axis axis) has probably had the greatest

impact on the native vegetation. Eight axis deer, introduced to Molokai

in 1868, increased to thousands of animals by the 1960's (Culliney

1988, Graf and Nichols 1966, Tomich 1986). By the turn of the century,

these deer had occupied much of the dry to mesic lowland areas and were

also found in the wet forests of East Molokai, where herds so damaged

the vegetation that professional hunters were hired to control their

numbers (Culliney 1988, Graf and Nichols 1966, van Riper and van Riper

1982). The native vegetation has suffered irreparable damage from

overgrazing by these animals. Deer degrade the habitat by trampling,

consuming, and overgrazing vegetation, which removes ground cover,

exposing the soil to erosional action (J. Lau, pers. comm. 1990). Alien

plant species are then able to exploit the newly disturbed areas.

A large portion of the axis deer population on Molokai has been

actively managed for recreational hunting by the Hawaii Division of

Forestry and Wildlife since 1959. At present, five of the seven managed

hunting areas on Molokai are within the Molokai Forest Reserve. Many

areas lack maintained boundary fences that would prevent deer from

entering more fragile habitats to the north (Cuddihy et al. 1982) and

non-game areas to the east. Recently, axis deer have begun to enter the

windward valleys and northern coastline of East Molokai where they were

not previously observed (J. Lau, pers. comm. 1990). Axis deer have been

observed in areas south of the only known population of Cyanea

dunbarii, and pose a potential threat to this species (E. Misaki, pers.

comm., 1991).

Although not a direct threat at present to the plant species in

this rule, cattle (Bos taurus) ranching on Molokai has played a

significant role over most of the past 150 years by reducing areas of

native vegetation to vast pastures of alien grasses (Cuddihy and Stone

1990, Pekelo 1973, Stone 1985). In 1960, approximately 61 percent of

Molokai's land area was devoted to grazing, primarily the lower

elevation dry to mesic forests, shrublands, and grasslands of west and

central Molokai (Baker 1961). Cattle degraded the habitat by trampling

and feeding on vegetation, eventually opening up the ground cover and

exposing the soil, increasing its vulnerability to erosion (Cuddihy and

Stone 1990, Lindgren 1908, Pekelo 1973). Because of this alteration of

vegetation, natural areas became limited to the upper elevation mesic

to wet forests of East Molokai, where the State designated a single

protected area--the Molokai Forest Reserve. One of the species in this

rule is restricted to this forest reserve, which occupies about 30

percent of Molokai's land area (Baker 1961).

Substrate loss due to agriculture, grazing animals (especially

goats), hikers, and alteration of vegetation results in habitat

degradation and loss. This particularly affects plant populations

vulnerable to landslides on cliffs or steep slopes, including all three

species in this rule.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Unrestricted collecting for scientific or

horticultural purposes and excessive visits by individuals interested

in seeing rare plants could seriously impact Cyanea dunbarii and

Lysimachia maxima, both of which are known from single populations with

less than 20 individuals each. Collection of whole plants or

reproductive parts of these two species could threaten their survival.

Cyanea dunbarii and Schiedea sarmentosa have populations close to

trails or roads and are, thus, easily accessible to collectors. The

three species are, therefore, potentially threatened by overcollection

(HHP 1993a3; HPCC 1991b, 1992; J. Lau, in litt. 1994).

C. Disease or Predation. Browsing damage by goats and/or deer is a

potential threat to the species in this rule in the event that these

ungulates, present in areas adjacent to these species, invade the

population sites (Cuddihy et al. 1982; J. Lau, in litt. 1994; E.

Misaki, pers. comm. 1991).

Of the four species of rodents that have been introduced to the

Hawaiian Islands, the species with the greatest impact on the native

flora and fauna is probably Rattus rattus (black or roof rat), which

now occurs on all the main Hawaiian Islands around human habitations,

in cultivated fields, and in dry to wet forests. Black rats and to a

lesser extent Mus musculus (house mouse), Rattus exulans (Polynesian

rat), and R. norvegicus (Norway rat) eat the fruits of some native

plants, especially those with large, fleshy fruits. Many native

Hawaiian plants produce their fruit over an extended period of time,

and this produces a prolonged food supply that supports rodent

populations. Black rats strip bark from some native plants. Rats are

known to damage the stems and eat fruit of Cyanea species and are

therefore a potential threat to Cyanea dunbarii (Cuddihy and Stone

1990; Tomich 1986).

D. The inadequacy of existing regulatory mechanisms. The only known

population of Lysimachia maxima occurs on TNC's Pelekunu Preserve, and

the two known populations of Schiedea sarmentosa occur on TNC's Kamakou

Preserve. The only known population of Cyanea dunbarii occurs on State

land, within Molokai Forest Reserve. All three of the species are

located on land classified within conservation districts. Regardless of

the owner, lands in these districts, among other purposes, are regarded

as necessary for the protection of endemic biological resources and the

maintenance or enhancement of the conservation of natural resources.

Activities permitted in conservation districts are chosen by

considering how

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best to make multiple use of the land (Hawaii Revised Statutes (HRS),

sect. 205-2). Some uses, such as maintaining animals for hunting, are

based on policy decisions, while others, such as preservation of

endangered species, are mandated by both Federal and State laws.

Requests for amendments to district boundaries or variances within

existing classifications can be made by government agencies and private

landowners (HRS, sect. 205-4). Before decisions about these requests

are made, the impact of the proposed reclassification on ``preservation

or maintenance of important natural systems or habitats'' (HRS, sects.

205-4, 205-17) as well as the maintenance of natural resources is

required to be taken into account (HRS, sects. 205-2(e), 205-4).

However, the species in this rule are not presently protected as

endangered species under the State's endangered species provisions,

and, despite provisions for conserving endemic resources, individual

rare species may be overlooked during consideration of other land use

priorities.

Before any proposed change in land use occurs on State land, is

funded in part or in whole by county or State funds, or will occur

within lands classified as conservation districts, an environmental

assessment is required to determine whether or not the environment will

be significantly affected (HRS, chapt. 343). If it is found that an

action will have a significant effect, preparation of a full

Environmental Impact Statement is required. Hawaii environmental policy

and, thus, approval of land use, is intended to safeguard ``* * * the

State's unique natural environmental characteristics * * *'' (HRS,

sect. 344-3(1)). However, despite the existence of such State laws and

regulations which give protection to Hawaii's native plants, their

enforcement is difficult due to limited funding and personnel.

Listing of these three plant species will invoke the protection

available under the State Endangered Species Act and supplement the

protection available under other laws. For example, it is a violation

of State law to take, possess, or export an endangered plant species

(HRS sect. 195D-4(e)). In turn, pursuant to section 9(a)(2) of the

Federal ESA, it will be a violation of the Act for any person to

remove, cut, dig up, damage, or destroy any such plant(s) in knowing

violation of State law or regulation or in the course of any violation

of a State criminal trespass law. The lack of adequate resources to

enforce State laws and regulations makes this provision particularly

important.

In addition, State law contains provisions requiring consideration

of endangered plants in certain State or county agency actions that

would be triggered by listing under the Federal ESA (See Guidelines to

``Protect endangered species of indigenous plants and animals.'' HRS,

sect. 344-4(3)(A)). State laws relating to the conservation of

biological resources allow for the acquisition of land as well as the

development and implementation of programs concerning the conservation

of biological resources (HRS, sect. 195D-5(a)). The State also may

enter into agreements with Federal agencies to administer and manage

any area required for the conservation, management, enhancement, or

protection of endangered species (HRS, sect. 195D-5(c)). With the

listing of these three species, funds for these activities could be

made available under section 6 of the Act (State Cooperative

Agreements). The Hawaii DLNR is mandated to initiate changes in

conservation district boundaries to include ``the habitat of rare

native species of flora and fauna within the conservation district''

(HRS, sect. 195D-5.1).

E. Other natural or manmade factors affecting their continued

existence. Six species of introduced plants directly threaten

populations of one or more of the species in this rule. The original

native flora of Hawaii consisted of about 1,000 species, 89 percent of

which were endemic. Of the total of 1,817 species of native and

naturalized Hawaiian flora, 47 percent were introduced from other parts

of the world. Nearly 100 of these species have become pests (Smith

1985, Wagner et al. 1990). Naturalized, introduced species degrade the

Hawaiian landscape and compete with native plants for space, light,

water, and nutrients (Cuddihy and Stone 1990). Some of these species

were brought to Hawaii by various groups of people, including the

Polynesian immigrants, for food or cultural reasons. Plantation owners,

alarmed at the reduction of water resources for their crops caused by

the destruction of native forest cover by grazing feral animals,

supported the introduction of alien tree species for reforestation.

Ranchers intentionally introduced pasture grasses and other species for

agriculture and, sometimes inadvertently, introduced weed seeds as

well. Other plants were brought to Hawaii for their potential

horticultural value (Cuddihy and Stone 1990, Scott et al. 1986, Wenkam

1969).

Rubus rosifolius (thimbleberry), native to Asia, is naturalized in

disturbed mesic to wet forest on all of the main Hawaiian Islands

(Wagner et al. 1990). This shrub threatens the only known population of

Cyanea dunbarii (L. Mehrhoff, in litt. 1994).

Kalanchoe pinnata (air plant) is an herb that occurs on all the

main islands except Niihau and Kahoolawe, especially in dry to mesic

areas (Wagner et al. 1990). Air plant is a threat to the only known

population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).

Ricinus communis (castor bean) became naturalized in Hawaii prior

to 1819. Castor bean is found on all the main islands of Hawaii in low

elevation, dry, disturbed habitats (Wagner et al. 1990). Castor bean is

a threat to the two populations of Schiedea sarmentosa (HPCC 1991b,

1992).

Two species of Hedychium (ginger) were introduced to Hawaii in the

late 1800's, probably by Chinese immigrants. Both species escaped from

cultivation and are found in lowland wet and mesic forests on most of

the main Hawaiian islands. These large, vigorous herbs mainly reproduce

vegetatively, forming very dense stands that exclude all other growth

(Cuddihy and Stone 1990, Wagner et al. 1990). Hedychium threatens the

only known population of Cyanea dunbarii (L. Mehrhoff, in litt. 1994).

Commelina diffusa (honohono) is an annual herb native to the Old

World tropics. It has become widely naturalized and is found in

disturbed mesic and wet forests and other disturbed sites on all of the

main Hawaiian islands except Niihau and Kahoolawe (Wagner et al. 1990).

This species is a threat to the only known population of Cyanea

dunbarii (L. Mehrhoff, in litt. 1994).

Several hundred species of grasses have been introduced to the

Hawaiian Islands, many for animal forage. Of the approximately 100

grass species that have become naturalized, one species threatens the

two populations of Schiedea sarmentosa. Melinis minutiflora (molasses

grass), a perennial grass first brought to Hawaii for cattle fodder and

then planted for erosion control, is now naturalized in dry to mesic

disturbed areas on most of the main Hawaiian Islands. The mats it forms

smother other plants, essentially preventing seedling growth and native

plant reproduction. As a fuel for fire, molasses grass intensifies the

heat and carries the fire into areas with woody plants. Fire is a major

threat to native plant species in dry to mesic habitats, especially on

the leeward slopes of Molokai, where the largest population of Schiedea

sarmentosa is located (J. Lau, in litt. 1994). The presence of molasses

grass greatly enhances the potential and destructiveness of fires. For

example, in

[[Page 53135]]

1988, a human-caused fire consumed roughly 38 sq km (15 sq mi) of

shrubland and forest from the southern coastline of East Molokai to the

southwest corner of Kamakou Preserve, about 3.5 mi (5.5 km) inland (E.

Misaki, pers. comm. 1991). Molasses grass was the main carrier of that

fire (E. Misaki, pers. comm. 1991). Molasses grass is able to spread

prolifically after a fire and effectively competes with the few fire-

adapted native plant species, creating a dense stand of alien grass

where forests once stood. It is becoming a major problem in dry sites

along the many leeward ridges of East Molokai (Bottenfield 1958,

Cuddihy and Stone 1990, O'Connor 1990, Smith 1985).

The small numbers of populations and individuals of these species

increase the potential for extinction from naturally occurring events.

The limited gene pool may depress reproductive vigor, or a single

human-caused or natural environmental disturbance could destroy a

significant percentage of the individuals or the only known extant

population. Two of the species in this rule, Cyanea dunbarii and

Lysimachia maxima, are known from only a single population. Schiedea

sarmentosa is known from only two populations. Cyanea dunbarii is known

from fewer than 20 individuals and Lysimachia maxima is known from

fewer than 50 individuals.

Erosion, landslides, and rock slides due to natural weathering

result in the death of individual plants as well as habitat

destruction. This especially affects the continued existence of species

or populations with limited numbers and/or narrow ranges, including all

three species in this rule. This process is often exacerbated by human

disturbance and land use practices (See Factor A.).

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in determining to make this final

rule. Based on this evaluation, the preferred action is to list Cyanea

dunbarii, Lysimachia maxima, and Schiedea sarmentosa as endangered. All

3 species either number fewer than 50 individuals in 1 population or

are known from only 2 populations. The three species are threatened by

one or more of the following--competition from alien plants; potential

habitat degradation and/or predation by feral pigs, feral goats, rats,

and deer; fire; substrate loss; potential human impacts; and lack of

legal protection or difficulty in enforcing laws that are already in

effect. Small population size and limited distribution make these

species particularly vulnerable to extinction and/or reduced

reproductive vigor from naturally occurring events. Because these three

species are in danger of extinction throughout all or a significant

portion of their ranges, they meet the definition of endangered as

defined in the Act. Therefore, the determination of endangered status

for these three species is warranted. A summary of the threats facing

these taxa is presented in Table 1.

Table 1.--Summary of Threats

--------------------------------------------------------------------------------------------------------------------------------------------------------

Alien mammals

Species ------------------------------------ Alien Substrate Human Fire Limited numbers*

Deer Goats Pigs Rats plants loss impacts

--------------------------------------------------------------------------------------------------------------------------------------------------------

Cyanea dunbarii............................. P ....... P P X X P ....... X1,2

Lysimachia maxima........................... ....... P P ....... ........ X P ....... X1,2

Schiedea sarmentosa......................... ....... X X ....... X P P X X1

--------------------------------------------------------------------------------------------------------------------------------------------------------

KEY:

X=Immediate and significant threat.

P=Potential threat.

*=No more than 100 individuals and/or no more than 5 populations.

1=No more than 5 populations.

2=No more than 100 individuals.

Critical habitat is not being proposed for the three species

included in this rule, for reasons discussed in the ``Critical

Habitat'' section of this rule.

Critical Habitat

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

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection and; (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

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 designate critical habitat at the same

time the species is listed. The Service finds that designation of

critical habitat is not prudent for Cyanea dunbarii, Lysimachia maxima,

and Schiedea sarmentosa at this time. Service regulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist--(1) The species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of threat to

the species, or (2) such a designation of critical habitat would not be

beneficial to the species. The three species have very low total

populations and face anthropogenic threats (see Factor B). The

publication of precise maps and descriptions of critical habitat in the

Federal Register would make these plants more vulnerable to incidents

of collection and vandalism and, therefore, could contribute to the

decline of these species and increase enforcement problems. The listing

of these species as endangered also publicizes the rarity of these

plants and, thus, can make these plants attractive to researchers,

curiosity seekers, or collectors of rare plants.

The additional protection provided by the designation of critical

habitat to a species is granted through section 7 of the Act. Section

7(a) of the Act, as amended, requires Federal agencies to evaluate

their actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is being designated. Section 7(a)(2) requires Federal agencies to

insure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or

[[Page 53136]]

destroy or adversely modify its critical habitat. The three species in

this rule are confined to small geographic areas, and each population

is composed of so few individuals that the determinations for jeopardy

to the species and adverse modification of critical habitat would be

similar. Therefore, designation of critical habitat provides no

benefits beyond those that these species would receive by virtue of

their listing as endangered species, and would likely increase the risk

of threat from collecting or other human activities.

All involved parties and the major landowners have been notified of

the location of these species. Protection of the habitats of these

species will be addressed through the recovery process and through the

section 7 consultation process.

Available Conservation Measures

Conservation measures provided to plant species listed as

endangered under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing results in

public awareness and conservation actions by Federal, State, and local

agencies, private organizations, and individuals. The Act provides for

possible land acquisition and cooperation with the State and requires

that recovery plans be developed for listed species. The protection

required of Federal agencies and the prohibitions against certain

activities involving listed plants are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) of the Act requires Federal agencies to

confer with the Service on any action that is likely to jeopardize the

continued existence of a proposed species or result in destruction or

adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of the species or to

destroy or adversely modify its critical habitat. If a Federal action

may affect a listed species or its critical habitat, the responsible

Federal agency must enter into consultation with the Service. None of

the three species in this rule occurs on Federal lands and no known

Federal activities occur within the present known habitat of these

three plant species. The Service has not pursued prelisting

conservation agreements for the three plant species due to time and

resource constraints.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered plant

species. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.61, apply. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to import

or export, transport such species in interstate or foreign commerce in

the course of a commercial activity, sell or offer for sale such

species in interstate or foreign commerce, or remove and reduce such

species to possession from areas under Federal jurisdiction. In

addition, for plants listed as endangered, the Act prohibits the

malicious damaging or destruction on areas under Federal jurisdiction

and the removal, cutting, digging up, damaging, or destroying of any

such plants in knowing violation of any State law or regulation,

including State criminal trespass law. Certain exceptions to the

prohibitions apply to agents of the Service and State conservation

agencies.

The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered plant species under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few permits would ever

be sought or issued because the species in this rule are not common in

cultivation or in the wild.

It is the policy of the Service (July 1, 1994; 59 FR 34272) to

identify to the maximum extent practicable at the time a species is

listed those activities that would or would not likely constitute a

violation of section 9 of the Act. The intent of this policy is to

increase public awareness of the effect of the listing on proposed and

ongoing activities within the species' range. The only known population

of Cyanea dunbarii is found on a steep slope on State-owned land. The

only known population of Lysimachia maxima and one population of

Schiedea sarmentosa are found on steep slopes on land owned by TNC. The

other population of Schiedea sarmentosa is found on steep slopes on

privately owned land. Collection, damage, or destruction of these

species on non-Federal lands would constitute a violation of section 9,

if conducted in knowing violation of Hawaii State law or regulations,

or in violation of State criminal trespass law. The Service is not

aware of any trade in these species or of any activities currently

being conducted by the public that would be affected by this listing or

result in violation of section 9 of the Act.

Questions regarding whether specific activities will constitute a

violation of section 9 of the Act should be directed to the Pacific

Islands Ecoregion Manager (see ADDRESSES section). Requests for copies

of the regulations regarding listed plants and inquiries regarding

prohibitions and permits may be addressed to the Fish and Wildlife

Service, Ecological Services, Endangered Species Permits, 911 N.E. 11th

Avenue, Portland, Oregon 97232-4181 (telephone: 503/231-2063;

facsimile: 503/231-6243).

Hawaii State Law

Federal listing will automatically invoke listing under the State's

endangered species act. Hawaii's Endangered Species Act states, ``Any

species of aquatic life, wildlife, or land plant that has been

determined to be an endangered species pursuant to the [Federal]

Endangered Species Act shall be deemed to be an endangered species

under the provisions of this chapter * * *'' (HRS, sect. 195D-4(a).)

This Federal listing will automatically invoke listing under Hawaii

State law. The State law prohibits taking of endangered species and

encourages conservation by State agencies (HRS, sect. 195D-4, 195D-5).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments or Environmental Impact Statements, 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).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements. This rulemaking was not subject to review by the Office

of Management and Budget under Executive Order 12866.

References Cited

A complete list of all references cited herein is available upon

request from

[[Page 53137]]

the Pacific Islands Ecoregion Office (see ADDRESSES section).

Author

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

Islands Ecoregion Office (see ADDRESSES section). Substantial data were

contributed by HHP and Steve Perlman and Ken Wood of HPCC.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, the Service hereby amends part 17, subchapter B of

chapter I, title 50 of the Code of Federal Regulations, 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.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * * ........................................................

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species

---------------------------------------------------- Historic range Family name Status When listed Critical Special

Sientific name Common name habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

FLOWERING PLANTS

* * * * * * *

Cyanea dunbarii................ Haha.............. U.S.A. (HI)....... Campanulaceae.... E 594 NA NA

* * * * * * *

Lysimachia maxima.............. No common name.... U.S.A. (HI)....... Primulaceae...... E 594 NA NA

* * * * * * *

Schiedea sarmentosa............ No common name.... U.S.A. (HI)....... Caryophyllaceae.. E 594 NA NA

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 23, 1996.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 96-25554 Filed 10-9-96; 8:45 am]

BILLING CODE 4310-55-P