Endangered and Threatened Wildlife and Plants; Proposed 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; Proposed

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: Proposed rule.

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

Cyanea dunbarii (haha), Lysimachia maxima (No common name (NCN)), and

Schiedea sarmentosa (NCN) as endangered pursuant to the Endangered

Species Act of 1973, as amended (Act). 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

proposed rule, if made final, would implement the Federal protection

and recovery provisions afforded by the Act for these three species.

DATES: Comments from all interested parties must be received by

December 1, 1995. Public hearing requests must be received by November

16, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to Robert P. Smith, Pacific Islands Ecoregion Manager, U.S. Fish

and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box

50167, Honolulu, Hawaii 96850. Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

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

Ecoregion Manager (see ADDRESSES section) (telephone 808/541--2749;

facsimile 808/541-2756).

SUPPLEMENTARY INFORMATION:

Background

ard, Room 6307, P.O. Box

50167, Honolulu, Hawaii 96850. Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

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

Ecoregion Manager (see ADDRESSES section) (telephone 808/541--2749;

facsimile 808/541-2756).

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

entral 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

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).

Discussion of the Three Species Proposed for Listing

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

(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, 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

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, 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); landslides;

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)

ition with the alien plants

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

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

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 Cyanea dunbarii, 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

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

des 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)

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

totalling 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

993b; 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 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 are those for which listing as

endangered or threatened is possibly appropriate, but for which

sufficient data on biological vulnerability and threats are 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. Since the 1993 notice, new information

suggests that the numbers and distribution are sufficiently restricted

and threats sufficiently great for the above two Category 2 species, as

well as Cyanea dunbarii, to warrant listing at this time.

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). The

threats facing the three species in this proposed rule are summarized

in Table 1.

pecies 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). The

threats facing the three species in this proposed rule are summarized

in Table 1.

Table 1.--Summary of Threats

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Alien mammals

Species ------------------------------------------------------------ Alien plants Substrate Human impacts Fire Limited No.*

Deer Goats Pigs Rats loss

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

Lysimachia maxima P P X P X1.2

Schiedea X X X P P X X1

sarmentosa.

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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.

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

Lysimachia maxima (R. Knuth) St. John (No common name (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 proposed 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

tosa 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 proposed 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 proposed

species and pose serious potential threats in the event that these

introduced animals spread to portions of Molokai where the other two

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. Their use of

the land 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 proposed species

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

rest 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). Only one of the

species in this proposal, Schiedea sarmentosa, is directly threatened

by habitat degradation resulting from introduced ungulates. However,

goats, deer, and pigs are known to occur in areas adjacent to the other

two proposed plants. Because they may invade the areas where these

plants occur, ungulates pose a potential serious threat to Cyanea

dunbarii and Lysimachia maxima.

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

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

1792

es. However,

goats, deer, and pigs are known to occur in areas adjacent to the other

two proposed plants. Because they may invade the areas where these

plants occur, ungulates pose a potential serious threat to Cyanea

dunbarii and Lysimachia maxima.

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 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 is a species originally native to Europe, northern Africa,

Asia Minor, and Asia

ually 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 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 they 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 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)

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 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)

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 proposed 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,

exposing the soil, and 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

proposed species.

B. Overutilization for commercial, recreational, scientific, or

educational purposes

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

proposed species.

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 only one population

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 two 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 all three of the proposed species in the event that

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

invade the sites of the species (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

ds, 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. 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...'' (Hawaii

Revised Statutes (HRS), sect. 195D-4(a)). Federal listing would

automatically invoke listing under Hawaii State law. The State law

prohibits taking of listed species on private and State lands and

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

None of the three proposed species are currently listed by the

State. 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, within Molokai Forest Reserve.

All three of the proposed species are located on land classified within

conservation districts and owned by the State of Hawaii, private

companies, or individuals. The only known population of Lysimachia

maxima occurs on TNC's Pelekunu Preserve, and one of the two known

populations of Schiedea sarmentosa occurs on TNC's Kamakou Preserve

rii occurs on State land, within Molokai Forest Reserve.

All three of the proposed species are located on land classified within

conservation districts and owned by the State of Hawaii, private

companies, or individuals. The only known population of Lysimachia

maxima occurs on TNC's Pelekunu Preserve, and one of the two known

populations of Schiedea sarmentosa occurs on TNC's Kamakou Preserve.

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 best to make multiple use of

the land (HRS, sect. 205-). 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 habitat''

(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, 205-

4). 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 land classified as conservation district, 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

on State land, is

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

within land classified as conservation district, 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 required by law to safeguard `` * *

* the State's unique natural environmental characteristics * * * ''

(HRS, sect. 344-3(1)) and includes guidelines to ``protect endangered

species of individual plants and animals * * * '' (HRS, sect. 344-

4(3)(A)). Federal listing, because it automatically invokes State

listing, would also implement these other State regulations protecting

the plants.

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)). If listing were to occur,

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).

Despite the existence of various State laws and regulations that

protect 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

or

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 both 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

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 both

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 its

heat and carries fire into areas with woody plants. It is able to

spread prolifically after a fire and effectively compete with fewer

fire-adapted native plant species, creating a dense stand of alien

grass where forests once stood. Molasses grass 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).

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)

ests once stood. Molasses grass 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).

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 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).

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 proposed species. This process is often exacerbated by human

disturbance and land use practices (see Factor A).

The small numbers of populations and individuals of most 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 proposed species, 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

ntal disturbance could destroy

a significant percentage of the individuals or the only known extant

population. Two of the proposed species, 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.

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 propose this

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.

Critical habitat is not being proposed for the three species

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

Habitat'' section of this proposal.

Critical Habitat

ve 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.

Critical habitat is not being proposed for the three species

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

Habitat'' section of this proposal.

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 ares 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)

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.

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

s 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 species proposed for listing 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 proposed species 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 a lack of

time and resources.

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

n habitat of

these three plant species. The Service has not pursued prelisting

conservation agreements for the three plant species due to a lack of

time and resources.

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. The proposed species are not common in cultivation

or in the wild.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not 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

n in cultivation

or in the wild.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not 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: 503/231-6241;

facsimile: 503/231-6243.

Public Comments Solicited

fic

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: 503/231-6241;

facsimile: 503/231-6243.

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial, or other relevant data concerning any

threat (or lack thereof) to these species;

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of these species; and

(4) Current or planned activities in the subject area and their

possible impacts on these species.

The final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a

final regulation that differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be addressed to the

Pacific Islands Ecoregion Manager (see ADDRESSES section).

National Environmental Policy Act

at differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be addressed to the

Pacific Islands Ecoregion Manager (see ADDRESSES section).

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).

References Cited

A complete list of all references cited herein is available upon

request from the Pacific Islands Ecoregion Office (see ADDRESSES

section).

Author

The author of this proposed 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, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend 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.

* * * * *

art 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

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

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

* * * * * * *

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

* * * * * * *

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

* * * * * * *

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

Dated: September 20, 1995.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95-24335 Filed 9-29-95; 8:45 am]

BILLING CODE 4310-55-P