Endangered and Threatened Wildlife and Plants; Listing 48 Species on Kauai as Endangered and Designating Critical Habitat, 62592-62742 [E8-23561]
Download as PDF
62592
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
DEPARTMENT OF THE INTERIOR
SUPPLEMENTARY INFORMATION:
Fish and Wildlife Service
Public Comments
50 CFR Part 17
[FWS-R1-ES-2008–0046; MO 9221050083B2]
RIN 1018-AV48
Endangered and Threatened Wildlife
and Plants; Listing 48 Species on
Kauai as Endangered and Designating
Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS2
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
list 48 species on the island of Kauai in
the Hawaiian Islands as endangered
under the Endangered Species Act of
1973, as amended (Act). We also
propose to designate critical habitat for
47 of these species totaling 27,674 acres
(ac) (11,199 hectares (ha)). Critical
habitat designation is not prudent for
one species, Pritchardia hardyi, which
is threatened by overcollection,
vandalism, or other human activity.
This proposed rule, if made final, would
extend the Act’s protections to these
species.
DATES: We will accept comments
received on or before December 22,
2008. We must receive requests for
public hearings, in writing, at the
address shown in the FOR FURTHER
INFORMATION CONTACT section by
December 5, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS-R1ES-2008–0046; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
‘‘Public Comments’’ section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Patrick Leonard, Field Supervisor,
Pacific Islands Fish and Wildlife Office,
300 Ala Moana Boulevard, Box 50088,
Honolulu, HI 96850; telephone 808-7929400; facsimile 808-792-9581. If you use
a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800-877-8339.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
We intend that any final action
resulting from this proposal will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
suggestions on this proposed rule from
the public, other concerned
governmental agencies, the scientific
community, industry, or any other
interested parties. We particularly seek
comments concerning:
(1) Specific information on:
• The amount and distribution of
habitat for the species included in this
proposed rule,
• What areas currently occupied, and
that contain features essential for the
conservation of the species, we should
include in the designation and why, and
• What areas not currently occupied
are essential to the conservation of the
species and why.
(2) Biological, commercial trade, or
other relevant data concerning threats
(or lack thereof) to these species.
(3) Additional information concerning
the range, distribution, and population
sizes of these species, including the
locations of any additional populations
of these species.
(4) Any information on the biological
or ecological requirements of these
species. The following information
regarding the potential economic and
other impacts of the proposed critical
habitat designation is requested solely
so that we may consider the potential
effects of critical habitat designation in
the final rule; this information will not
be considered in the decision whether
to list these 48 species.
(5) Land use designations and current
or planned activities in the areas
occupied by these species and their
possible impacts on these species and
proposed critical habitat.
(6) Which areas are appropriate as
critical habitat for these species and
why they should be proposed for
designation as critical habitat.
(7) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act (16
U.S.C. 1531 et seq.), including whether
the benefit of designation outweighs
threats to the species caused by the
designation, such that the designation of
critical habitat for any particular species
is prudent.
(8) Information on whether the draft
economic analysis (DEA) identifies all
State and local costs and benefits
attributable to the proposed critical
habitat designation, and information on
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
any costs or benefits that we have
overlooked.
(9) Information on whether the DEA
makes appropriate assumptions
regarding current practices and any
regulatory changes likely if we designate
critical habitat.
(10) Information on whether the DEA
identifies all costs that could result from
the critical habitat designation and
whether you agree with the analysis.
(11) Information on whether the DEA
correctly assesses the effect on regional
costs associated with any land use
controls that may result from the critical
habitat designation.
(12) Information on areas that the
critical habitat designation could
potentially impact to a disproportionate
degree.
(13) Economic data on the
incremental costs of designating any
particular area as critical habitat.
(14) Information on any quantifiable
economic benefits of the designation of
critical habitat.
(15) Whether the benefits of excluding
any particular area from critical habitat
outweigh the benefits of including that
area in critical habitat under section
4(b)(2) of the Act.
(16) Information on economic impacts
that have occurred since the previous
economic analyses were completed
relevant to critical habitat ‘‘overlap’’
areas, or that may occur in the future
due to designation of critical habitat (see
Economic Analysis, below, for details).
(17) Information on economic impacts
relevant to areas where the proposed
critical habitat does not overlap with
existing critical habitat for other plants
on the island of Kauai.
(18) Any foreseeable economic,
national security, or other potential
impacts resulting from the proposed
critical habitat designation and, in
particular, any impacts on small
entities, and the benefits of including or
excluding areas that exhibit these
impacts.
(19) Whether we could improve or
modify our approach to designating
critical habitat in any way to provide for
greater public participation and
understanding, or to better
accommodate public concerns and
comments.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We will not
consider comments sent by e-mail or fax
or to an address not listed in the
ADDRESSES section.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection at
https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Pacific Islands Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
You may obtain copies of the
proposed rule and draft economic
analysis by mail from the Pacific Islands
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT) or by
visiting the Federal eRulemaking Portal
at https://www.regulations.gov.
Background
An Ecosystem-based Approach
On the island of Kauai, as on most of
the Hawaiian Islands, native species
that occur in the same habitat types
(ecosystems) depend on many of the
same biological features and on the
successful functioning of that ecosystem
to survive. We have therefore organized
the species addressed in this proposed
rule by common ecosystem. Although
the listing determination for each
species is analyzed separately, we have
organized the specific analysis for each
species within the context of the
broader ecosystem in which it occurs to
avoid redundancy. In addition, native
species that share ecosystems often face
a suite of common factors that may
threaten them, and these threat factors
require similar management actions to
ameliorate or eliminate them. Effective
management of these threat factors often
requires implementation of conservation
actions at the ecosystem scale to
enhance or restore critical ecological
processes and provide for long-term
viability of those species in their native
environment. Thus, by taking this
approach, we hope to not only organize
this proposed rule effectively, but also
to more effectively focus conservation
management efforts on the common
threats that occur across these
ecosystems, restore ecosystem function
for the recovery of each species, and
provide conservation benefits for
associated native species, thereby
potentially precluding the need to list
other species under the Act that occur
in these shared ecosystems.
We propose to list each of the 48
species endemic to the island of Kauai
addressed in this rule as an endangered
62593
species. These 48 species (45 plants, 2
birds, and 1 picture-wing fly) are found
in 6 ecosystem types: lowland mesic,
lowland wet, montane mesic, montane
wet, dry cliff, and wet cliff (Table 1).
Although most of these species are
restricted to a single ecosystem, some
are found in multiple ecosystems. For
each species, we identified and
evaluated those factors that threaten the
species and that may be common to all
of the species at the ecosystem level. For
example, the degradation of habitat by
feral ungulates is considered a threat to
each species within each ecosystem. As
a result, this threat factor is considered
to be a multiple ecosystem-level threat,
as each individual species within each
ecosystem faces a threat that is
essentially identical in terms of the
nature of the impact, its severity, its
imminence, and its scope. We further
identified and evaluated any threat
factors that may be unique to certain
species, and do not apply to all species
under consideration within the same
ecosystem. For example, the threat of
avian malaria is unique to the two birds
in this proposed rule, and is not
applicable to any of the other species
proposed for listing. We have identified
such threat factors, which apply only to
certain species within the ecosystems
addressed here, as species-specific
threats.
TABLE 1.—THE 48 KAUAI SPECIES AND THE ECOSYSTEMS UPON WHICH THEY DEPEND
Ecosystem
Species
Plants: Canavalia napaliensis, Chamaesyce eleanoriae, Chamaesyce remyi var. remyi, Charpentiera
densiflora, Doryopteris angelica, Dubautia kenwoodii, Labordia helleri, Pittosporum napaliense,
Platydesma rostrata, Psychotria hobdyi, Tetraplasandra bisattenuata
Lowland Wet
Plants: Chamaesyce remyi var. kauaiensis, Chamaesyce remyi var. remyi, Charpentiera densiflora,
Cyanea eleelensis, Cyanea kolekoleensis, Cyanea kuhihewa, Cyrtandra oenobarba, Dubautia
imbricata ssp. imbricata, Labordia helleri, Melicope paniculata, Melicope puberula, Phyllostegia
renovans, Platydesma rostrata, Pritchardia hardyi, Stenogyne kealiae, Tetraplasandra bisattenuata
Montane Mesic
Plants: Chamaesyce remyi var. remyi, Diellia mannii, Labordia helleri, Myrsine knudsenii, Myrsine mezii,
Platydesma rostrata, Psychotria grandiflora, Stenogyne kealiae, Tetraplasandra flynnii
Animals: Akekee, Drosophila attigua
Montane Wet
Plants: Astelia waialeale, Chamaesyce remyi var. remyi, Dryopteris crinalis var. podosorus, Dubautia
kalalauensis, Dubautia waialeale, Geranium kauaiense, Keysseria erici, Keysseria helenae, Labordia
helleri, Labordia pumila, Lysimachia daphnoides, Melicope degeneri, Melicope puberula, Myrsine
mezii, Phyllostegia renovans, Platydesma rostrata, Psychotria grandiflora, Tetraplasandra flynnii
Animals: Akekee, Akikiki, Drosophila attigua
Dry Cliff
Plants: Chamaesyce eleanoriae, Lysimachia scopulensis, Schiedea attenuata, Stenogyne kealiae
Wet Cliff
jlentini on PROD1PC65 with PROPOSALS2
Lowland Mesic
Plants: Chamaesyce remyi var. kauaiensis, Chamaesyce remyi var. remyi, Cyanea dolichopoda,
Cyrtandra oenobarba, Cyrtandra paliku, Dubautia plantaginea ssp. magnifolia, Lysimachia iniki,
Lysimachia pendens, Lysimachia venosa, Platydesma rostrata, Pritchardia hardyi
Under the Act, we are required to
designate critical habitat to the
maximum extent prudent and
determinable concurrently with the
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
publication of a final determination that
a species is endangered or threatened. In
this rule, we are proposing to designate
critical habitat for 47 of the 48 Kauai
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
species. We have determined that the
designation of critical habitat is not
prudent for one species of native palm
tree due to the increased threat of
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62594
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
collection that may result from such
designation. The designation of critical
habitat for the other 47 Kauai species is
organized by common ecosystem.
Although critical habitat is identified for
each species individually, we have
found that the conservation of each
depends, at least in part, on the
successful functioning of the commonly
shared ecosystem. Each critical habitat
unit identified in this proposed rule
therefore contains the physical and
biological features essential to the
conservation of each species and those
areas that are essential for the
conservation of each associated species.
Where the unit is not occupied by a
particular species, we believe it is
essential for the conservation of that
species. All of the areas proposed for
designation would constitute critical
habitat for multiple species, based upon
their shared habitat requirements. The
identification of critical habitat also
takes into account any species-specific
conservation needs as appropriate. For
example, the presence of specific host
plants for larval development is
essential for the conservation of the
picture-wing fly Drosophila attigua, but
is not a requirement shared by all
species within the same ecosystem.
This approach represents a departure
from our previous approaches to
designating critical habitat for
threatened and endangered species in
Hawaii, which focused on discrete areas
occupied by the species at the time of
listing. Because Hawaii has 394 listed
species (294 plants), the previous
approach to critical habitat designations
resulted in an overlapping and
confusing patchwork of critical habitat
areas that could be confusing to the
public to interpret. More importantly,
we have learned that many native
Hawaiian plants and animals currently
occupy areas of marginal habitat
because the threats are reduced in those
areas, but these species can thrive when
reintroduced into historical habitats
when threats are being effectively
managed. For this reason, we believe it
is important to designate unoccupied
habitat in those cases where it is
essential to the recovery of the species.
We believe the approach adopted in
this proposed rule will make critical
habitat in Hawaii a more useful
conservation tool for land managers.
Focusing on the management and
restoration of habitat at the ecosystem
scale and on ecosystem processes that
these species require will result in more
effective conservation than a
designation based solely on the
locations of the last few known
individuals. In addition, we believe this
approach will aid recovery given the
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
uncertainties of climate change and
other processes that may impact highly
localized habitat conditions and
essential features in the future. Critical
habitat areas for multiple species may
also better provide for the recovery of
these species by guiding our
conservation efforts as well as those of
our partners, and by providing better
information to the public and other
entities about important conservation
areas.
The Island of Kauai
The island of Kauai is the
northernmost and oldest of the eight
major Hawaiian Islands (Foote et al.
1972, p. 3). It was formed about 6
million years ago by a single shield
volcano and is 553 square miles (sq mi)
(1,430 sq kilometers (km)) in area. The
island is characterized by deeply
dissected canyons and steep ridges
(Department of Geography 1998, p. 151).
The large caldera, once the largest in the
Hawaiian Islands, now extends about 10
mi (16 km) in diameter and comprises
the elevated tableland of the Alakai
Swamp (Department of Geography 1998,
p. 151). To the west of the Alakai
Swamp is the deeply dissected Waimea
Canyon, extending 10 mi (16 km) in
length and up to 1 mi (1.6 km) in width.
Later volcanic activity on the
southeastern flank of the volcano
formed the smaller Haupu caldera.
Subsequent erosion and collapse of its
flank formed Haupu Ridge (Macdonald
et al. 1983, p. 457).
The amount of rainfall on the
Hawaiian Islands depends greatly on
topography, and the orographic
(mountain-caused) effect is revealed by
the wide range in the pattern of annual
rainfall, from 10 inches (in) to 450 in (25
centimeters (cm) to 1,145 cm)
(Giambelluca and Schroeder 1998, p.
59). Variations in the landscape can
create microclimates, with large changes
in rainfall and wind patterns over very
short distances (Wagner et al. 1999, p.
43). Mount Waialeale, Kauai’s second
highest point at 5,148 feet (ft) (1,569
meters (m)) in elevation (Walker 1999,
p. 21) is one of the wettest spots on
earth, with annual rainfall measured at
more than 450 in (1,145 cm)
(Department of Geography 1998, p. 151).
One of the island’s most famous features
is the Na Pali Coast, where stream and
wave action have cut deep valleys and
eroded the land to form precipitous
cliffs as high as 3,000 ft (910 m)
(Joesting 1984, p. 14).
The current soil classification system
for the Hawaiian Islands distinguishes
soil types based on their measurable
physical and chemical properties, and
environmental factors that influenced
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
their formation. Eleven of the 12 soil
types occur in Hawaii (Gavenda et al.
1998, p. 96). Hawaii’s basaltic rocks
decompose to clay and various oxides
and hydroxides when exposed to the
weather in high rainfall areas. Silica and
other elements are leached out, leaving
the iron oxides, which are
conspicuously red in color, and very
evident in the eroded cliffs of Waimea
Canyon. These red soils support plant
life, and have low fertility and nutrient
content (Walker 1999, p. 32). The soils
in drier areas lack significant organic
material and are characterized by
deposits, called caliche, of soluble salts
near the soil surface. Caliche may form
concretions (solid mass or coalescence)
around plant roots and stems (Walker
1999, p. 32).
Because of its age and relative
isolation, levels of floristic diversity and
endemism are higher on Kauai than on
any other island in the Hawaiian
archipelago. However, the vegetation of
Kauai has undergone extreme
alterations because of past and present
land use. Land with rich soils was
altered by the early Hawaiians and,
more recently, converted to agricultural
use (Gagne and Cuddihy 1999, p. 45) or
pasture. Intentional and inadvertent
introduction of alien plant and animal
species has also contributed to the
reduction in range of the native
vegetation on the island of Kauai.
(Throughout this rule, the terms ‘‘alien,’’
‘‘feral,’’ ‘‘nonnative,’’ and ‘‘introduced’’
all refer to species that are not naturally
native to the Hawaiian Islands.) Most of
the taxa included in this rule persist on
steep slopes, precipitous cliffs, valley
headwalls, and other regions where
unsuitable topography has prevented
urbanization and agricultural
development, or where inaccessibility
has limited encroachment by nonnative
plant and an!imal species.
Kauai Ecosystems
The six Kauai ecosystems that support
the species addressed in this proposed
rule are described in the following
sections.
Lowland Mesic
The lowland mesic ecosystem
includes a variety of grasslands,
shrublands, and forests, generally below
3,000 ft (1,000 m) elevation, that receive
between 50 and 75 in (127 and 191 cm)
annual rainfall, or in otherwise mesic
substrate conditions (The Nature
Conservancy (TNC) 2006b). In the
Hawaiian Islands, this ecosystem is
found on Hawaii, Maui, Molokai, Lanai,
Oahu, and Kauai, on both windward
and leeward sides of the islands. On
Kauai, this ecosystem is typically found
on the western slopes of the island
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(Gagne and Cuddihy 1999, p. 75; TNC
2006b). Biological diversity is high in
this system (TNC 2006b), and 11 of the
48 species included in this proposed
rule are reported from this ecosystem
(Hawaii Biodiversity and Mapping
Program (HBMP) 2007; TNCH 2007).
Lowland Wet
The lowland wet ecological system is
generally found below 3,000 ft (1,000 m)
elevation on the windward sides of the
main Hawaiian Islands, except
Kahoolawe and Niihau (Gagne and
Cuddihy 1999, p. 85; TNC 2006c). These
areas include a variety of wet
grasslands, shrublands, and forests that
receive greater than 75 in (191 cm)
annual precipitation, or are found in
otherwise wet substrate conditions
(TNC 2006c). On Kauai, this system is
best developed in wet valleys and
slopes adjacent to the summit plateau of
Waialealae and Alakai (TNC 2006c).
According to The Nature Conservancy
(TNC), biological diversity is high in
this system (TNC 2006c), and 16 of the
48 species included in this proposed
rule are reported from this ecosystem
(HBMP 2007; TNCH 2007).
Montane Mesic
A variety of natural communities (e.g.,
grasslands, shrublands, and forests) are
found in the montane mesic ecological
system. This system is found between
3,000 and 6,000 ft (1,000 and 2,000 m)
elevation in areas receiving 50 to 75 in
(127 to 191 cm) of precipitation yearly
(TNC 2006e). The montane mesic
system is found on the islands of
Hawaii, Maui, Molokai, and Kauai. On
Kauai, this system is best developed on
the west-facing slopes. Biological
diversity is ranked as moderate in the
montane mesic system, according to
TNC (TNC 2006e), and 11 of the 48
species included in this proposed rule
are reported from this ecosystem (HBMP
2007; TNCH 2007).
Montane Wet
The montane wet ecological system is
composed of natural communities
(grasslands, shrublands, forests, bogs)
found at elevations between 3,000 and
6,000 ft (1,000 and 2,000 m) and in areas
where annual precipitation is greater
than 75 in (191 cm) (TNC 2006f). This
system is found on all of the main
Hawaiian Islands except Niihau and
Kahoolawe (TNC 2006f). On Kauai it is
best developed in the summit plateau of
Waialeale and Alakai. In this system,
biological diversity is moderate to high
(TNC 2006f), and 21 of the 48 species
included in this proposed rule are
reported from this ecosystem (HBMP
2007; TNCH 2007).
Dry Cliff
The dry cliff ecological system is
composed of vegetation communities
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
occupying steep slopes (greater than 65
degrees) in areas that receive less than
75 in (191 cm) of rainfall annually, or
in otherwise dry substrate conditions
(TNC 2006a). This system is found on
all of the main Hawaiian Islands except
Niihau, and on the island of Kauai is
best developed in the leeward canyons.
A variety of grasslands and shrublands
occur within this system (TNC 2006a).
Biological diversity is low to moderate
in this system (TNC 2006a), and 4 of the
48 species included in this proposed
rule are reported from this ecosystem
(Hawaii Biodiversity and Mapping
Program (HBMP) 2007; TNCH 2007).
Wet Cliff
The wet cliff ecological system is
generally composed of grasslands and
shrublands on near-vertical slopes
(greater than 65 degrees) in areas that
receive more than 75 in (191 cm) of
annual precipitation, or that are in
otherwise wet substrate conditions
(TNC 2006d). This system is found on
the islands of Hawaii, Maui, Molokai,
Lanai, Oahu, and Kauai. On Kauai, this
system is typically found on the
windward cliffs adjacent to Waialeale
(TNC 2006d). Biological diversity is low
to moderate in this system (TNC 2006d),
and 11 of the 48 species included in this
proposed rule are reported from this
ecosystem (HBMP 2007; TNCH 2007).
Description of the 48 Species
Here we provide a brief description of
each of the 48 species proposed for
listing, presented in alphabetical order
by genus; plants are presented first,
followed by animals.
Plants
Astelia waialealae (painiu), an herb in
the Asteliaceae family, occurs in bogs
and on bog hummocks (low mounds or
ridges of vegetation) dominated by
Metrosideros polymorpha (ohia) in the
montane wet ecosystem at elevations
between 4,000 and 5,000 ft (1,220 and
1,525 m) (Wagner et al. 1999, p. 1,461;
TNCH 2007). A. waialealae was known
historically from five locations in the
Alakai Swamp region of Kauai (Wagner
et al. 1999, p. 1,461; HBMP 2007).
Between October and December 1994,
botanists from the National Tropical
Botanical Garden (NTBG) and the U.S.
Fish and Wildlife Service (Service)
undertook a systematic survey of bogs
on the island of Kauai, revisiting all of
the historically known locations of A.
waialealae, as well as 16 additional
bogs. At that time, A. waialealae was
confirmed to exist in three bogs. One
bog, known as Sincock Bog 1, contained
three Astelia clumps with 3 individuals
in one, 5 in another, and possibly 10 in
the third, for a total of 18 individuals.
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
62595
Sincock Bog 2 contained two clumps,
with one individual in each, and
Waikoali Bog, or Circle Bog, contained
two clumps with one individual in each
(Perlman and Wood 1995, pp. 9-11). In
1996 and 1997, both Sincock Bog 1 and
Sincock Bog 2 were fenced, followed by
Circle bog in 1998. Regular monitoring
of these bogs commenced, and with
protection from the fences, there was an
increase in numbers of clumps and
individuals of A. waialealae found in all
three bogs. By 2001, the numbers of
clumps (and individuals) reached their
peaks of 5 clumps (9 individuals) for
Circle bog, 6 clumps (36 individuals) for
Sincock Bog 1, and 2 clumps (7
individuals) for Sincock Bog 2. By 2003,
numbers of individuals began dropping
dramatically, with visible signs of poor
health for those remaining (USFWS
Kauai monitoring database 2008). Some
individuals were removed at that point
for preservation in local propagation
facilitie!s. Between December 2005 and
January 2006, NTBG conducted
botanical research around the summit
bog region of Waialeale and located one
clump of A. waialealae consisting of
three individual plants. With the
discovery of these three plants, the
current total of A. waialealae is believed
to be 27 individuals, possibly
representing only 13 genetically distinct
plants (Service 2005a; Wood 2006, pp.
8-9; USFWS Kauai monitoring database
2008).
Canavalia napaliensis (awikiwiki), a
climbing plant in the pea family
(Fabaceae), occurs in open sites, on
talus slopes, and on gulch bottoms in
mesic forest in the lowland mesic
ecosystem, at elevations between 20 and
1,900 ft (6 and 579 m) (Wagner and
Herbst 1999, p. 654; TNCH 2007). C.
napaliensis was historically known
from 12 locations along the
northwestern coast of the island of
Kauai, extending westward from Haena
to Makaha ridge (HBMP 2007).
Currently, this species is restricted to a
small section of the Na Pali coast from
Haena to Kalalau Valley (S. Perlman,
pers. comm. 2000; HBMP 2007), in 5
populations totaling approximately 106
to 206 individuals (HBMP 2007). The
populations are located in Hoolulu
Valley (50 to 100 individuals);
Waiahuaka Valley (1 individual);
Pohakuao (5 individuals); Kalalau
Valley (50 to 100 individuals); and
Limahuli Valley (1 individual) (Wagner
and Herbst 1999, p. 654; HBMP 2007).
Chamaesyce eleanoriae (akoko), a
small shrub in the spurge family
(Euphorbiaceae), is restricted to steep,
north-facing, narrow ridge crests,
outcrops, and steep rocky slopes and
upper portions of basalt cliffs in the dry
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62596
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
cliff and lowland mesic ecosystems
(Lorence and Wagner 1996, p. 68; K.
Wood, NTBG, in litt. 2007a; TNCH
2007). Documented habitats include
Metrosideros-Diospyros (ohia-lama)
mesic forest, Metrosideros cliff
shrubland, Metrosideros mesic
shrubland, and Eragrostis variabilis
(kawelu) coastal dry cliffs, at elevations
between 885 and 3,499 ft (270 and 1,036
m) (HBMP 2007). C. eleanoriae was
historically known from 10 populations
totaling fewer than 500 individuals (K.
Wood, in litt. 2007a; Lorence and
Wagner 1996, pp. 68-70). Currently,
three populations are known: one at the
Kalalau Valley rim between 2,950 and
3,200 ft (900 and 975 m), below and
between the two Kalalau lookouts; one
at Alealau above Kalalau at 3,100 ft (945
m) elevation; and one at Pohakuao, an
isolated hanging valley northeast of
Kalalau, at elevations from 886 to 2,592
ft (270 to 790 m). As of the last
monitoring visit in 2001, these 3
populations combined totaled fewer
than 50 individuals (NTBG 2007).
Chamaesyce remyi var. kauaiensis
(akoko), a shrub in the spurge family
(Euphorbiaceae), is found in the
lowland wet and wet cliff ecosystems in
Metrosideros polymorpha wet forest at
elevations between 1,900 and 2,297 ft
(579 and 700 m) (Koutnik 1999, pp. 613614; HBMP 2007; TNCH 2007). Little is
known about the historical range of this
species; however, two collections made
on private lands at Kaholuamanao and
near Hanapepe Falls in 1916 and 1926,
respectively, indicate that its range
likely extended south and west from its
currently known locations on the island
of Kauai (HBMP 2007). Currently, C.
remyi var. kauaiensis is found in
Lumahai Valley, Wainiha, Wailua River,
the ‘‘Blue Hole’’ at the head of Wailua
River in the Lihue-Koloa forest reserve,
and at Iliiliula (K. Wood, pers. comm.
2005a; HBMP 2007). Based on surveys
conducted from 2000 through 2004, the
number of individuals at Lumahai
Valley dropped from 50 to only
‘‘occasional.’’ The number of
individuals at Wailua River dropped
from 500 to 200; the number of
individuals at the Wainiha population
increased from 200 to as many as 700;
about 200 are found at ‘‘Blue Hole’’; and
a population of 20 individuals was
found in Iliiliula (K. Wood, pers. comm.
2005a; HBMP 2007). The total number
of individuals is at least 920 and
possibly over 1,000 in the 5
populations.
Chamaesyce remyi var. remyi (akoko)
is a vine-like shrub in the spurge family
(Euphorbiaceae) found in the lowland
mesic, lowland wet, wet cliff, montane
mesic, and montane wet ecosystems in
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
mesic to wet Metrosideros polymorphaDicranopteris linearis (ohia-uluhe)
forest, at elevations between 1,200 and
4,100 ft (366 and 1,250 m) (Wood 1998;
Koutnik 1999, pp. 613-614; HBMP 2007;
TNCH 2007). This species is historically
known from widely distributed
populations on the island of Kauai
(HBMP 2007). Currently C. remyi var.
remyi is found in 10 populations
totaling a little more than 350
individuals at Pohakupili, Makaleha,
Malamamaiki, Limahuli, Lumahai,
Limahuli-Hanakapiai, Kalalau-Honopu,
Koaie canyon, Wahiawa drainage, and
Puu Kolo (Wood 1998; K. Wood, pers.
comm. 2005a; HBMP 2007).
Charpentiera densiflora (papala) is a
tree in the amaranth family
(Amaranthaceae) which occurs
primarily in the lowland mesic
ecosystem, with one record from the
lowland wet ecosystem (Wagner et al.
1999, p. 190; HBMP 2007; TNCH 2007).
This species is found in moist, closed
areas, and grows along drainages and in
gulches in valleys, primarily in
Diospyros-Metrosideros (lama-ohia)
mixed mesic forest, at elevations
between 400 and 2,200 ft (122 and 671
m) (HBMP 2007). Historically, C.
densiflora was found along the Kalalau
trail in the Hoolulu Valley, with limited
distribution in three valleys (including
Hanakapiai and Hanakoa) along the Na
Pali Coast of Kauai (Sohmer 1972, p.
294). Currently, 7 populations are
known, totaling approximately 400
individuals, in Hanakapiai, Kalalau,
Limahuli, Hoolulu, and Waiahuakua
valleys, and in Pohakuao, a hanging
valley between Kalalau and Hanakoa
(HBMP 2007).
Cyanea dolichopoda (haha) is a shrub
in the bellflower family
(Campanulaceae). It is found in
Metrosideros polymorpha lowland wet
shrubland on a cliff face at
approximately 2,300 ft (700 m) elevation
within the wet cliff ecosystem (Lammers
and Lorence 1993, p. 432; TNCH 2007).
The species was first discovered in 1990
in the ‘‘Blue Hole’’ area below Mt.
Waialeale, and the plant was last seen
in 1992 (Lammers and Lorence 1993,
pp. 431-432). However, additional
individuals are very likely to be found
in the extremely steep habitat with
additional surveys (S. Perlman, in litt.
2007).
Cyanea eleeleensis (haha) is a shrub
in the bellflower family
(Campanulaceae) and is reported from
the lowland wet ecosystem (Lammers
1992, p. 129; TNCH 2007). It was found
growing in a shaded gulch in wet forest,
surrounded by steep, precipitous cliffs
of Pali Eleele, at an elevation of 699 ft
(213 m) (HBMP 2007; Lammers 1992, p.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
129). This species was discovered in
Wainiha Valley on the island of Kauai
in 1977, in one population noted as
‘‘fewer than 10’’ individuals (Lammers
1992, p. 129; K. Wood, pers. comm.
2000; HBMP 2007). Collections for
genetic storage and ex situ propagation
were not made at the time of the 1977
discovery. Since its discovery in 1977,
subsequent surveys for this species have
not been conducted in the original
(type) location. Although individuals of
this species were not relocated in
surveys conducted in August 2001 and
June 2002 in areas adjacent to the
original location, much of the suitable
habitat (Metrosideros lowland wet
forest) for this species on Kauai has not
been surveyed. If surveys are conducted,
additional individuals are likely to be
found (S. Perlman and K. Wood, pers.
comm. 2007).
Cyanea kolekoleensis (haha), a shrub
in the bellflower family
(Campanulaceae), occurs in wet
Metrosideros polymorpha forest in the
lowland wet ecosystem at elevations of
2,125 to 2,500 ft (650 to 765 m)
(Lammers 1992, p. 130; HBMP 2007;
TNCH 2007). First discovered in 1987 in
the Wahiawa drainage, the last known
C. kolekoleensis was observed in 1992.
Seeds were in storage and propagation
for this species was attempted, but none
survived (M. Clark, NTBG, in litt. 2007;
Lyon Arboretum 2007). However, there
are many areas within the ecosystem
type in the Wahiawa drainage that have
not been surveyed for this species, from
Mt. Kahili to Kapalaoa and the
Hanapepe Valley rim, and species
experts are confident that additional
individuals will be found (S. Perlman,
in litt. 2007).
Cyanea kuhihewa (haha), a shrub in
the bellflower family (Campanulaceae),
is reported from Metrosideros
polymorpha-Dicranopteris linearis wet
forest at an elevation of 1,680 ft (512 m)
in the lowland wet ecosystem (Lammers
1996, pp. 238-240; HBMP 2007; TNCH
2007). In a 1994 survey for C. kuhihewa,
seven individuals were observed, most
of which were damaged by a nonnative
insect, the two-spotted leafhopper
(Sophonia rufofacia) (NTBG Provenance
Report 1994). In 2001, only one
individual plant remained, and was
observed dead in 2003 (Wood et al.
2002, p. 3; S. Perlman, pers. comm.
2003a). Prior to that time, seeds and
tissue were collected for genetic storage
and propagation (Wood et al. 2002, p. 3;
Bender 2006, p. 1; N. Sugii, Lyon
Arboretum, pers. comm. 2006; V. Pence,
Cincinnati Zoo and Botanical Garden,
pers. comm. 2007). This species is still
found in cultivation at the Lyon
Arboretum and the Cincinnati Zoo,
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Center for Conservation and Research of
Endangered Wildlife (D. Burney, NTBG,
pers. comm. 2006; N. Sugii, pers. comm.
2006a; V. Pence, pers. comm. 2007).
Cyrtandra oenobarba (haiwale) is a
subshrub (a lowgrowing woody shrub or
perennial with a woody base) in the
African violet family (Gesneriaceae) that
occurs in the lowland wet and wet cliff
ecosystems (Wagner et al. 1999, pp. 770771; TNCH 2007). C. oenobarba is found
on wet slopes, mossy areas, or in rock
crevices near waterfalls in Metrosideros
polymorpha-Dicranopteris linearis wet
cliffs, forest and shrubland, at elevations
between 1,320 and 2,800 ft (402 and 853
m) (Wood 1998, p. 3; HBMP 2007).
Historically, wide-ranging collections
were made of C. oenobarba on the
island of Kauai, from the eastern side at
Kekoiki ridge, the northern coast at
Haena, the south-central area at Olokele
and Hanapepe, and from the south at
Haupu (NTBG Provenance Report 1993;
HBMP 2007). Currently, populations of
C. oenobarba in the Halelea Forest
Reserve include east Mamalahoa (10
individuals), north Namolokama (15 to
200 individuals), and Hanalei Valley
(scattered) on State land, and upper
Lumahai Valley (50 individuals) and
Wainiha (100 individuals) on private
land (HBMP 2007). Populations of C.
oenobarba in the Lihue-Koloa Forest
Reserve include Wailua River (40 to 50
individuals) on State land, and Iliiliula
drainage (occasional) and Wahiawa
drainage (50 individuals) on private
land (HBMP 2007). The 8 populations
total 270 to as many as 450 individuals
(NTBG Provenance Report 1993; HBMP
2007; Wood 1998, p. 3).
Cyrtandra paliku (haiwale) is a
subshrub in the African violet family
(Gesneriaceae) that occurs on seeping
basalt rock faces of north-facing cliffs
dominated by Metrosideros polymorpha
and Dicranopteris linearis in the wet
cliff ecosystem, at elevations between
2,200 and 2,800 ft (670 to 850 m). C.
paliku was first discovered in 1993 on
the cliffs below Kekoiki, in the
Makaleha Mountains of Kauai, where
approximately 70 individuals were
found (Wagner et al. 2001, pp. 150-151;
HBMP 2007; TNCH 2007). The species
maintained a population of
approximately 70 individuals from 1993
through 1999; however, there are
currently only 10 known individuals
(Perlman, in litt. 2006).
Diellia mannii is a fern in the
asplenium family (Aspleniaceae). It is
found on a northwest-facing slope just
above a gulch bottom in what was likely
Acacia koa (koa)–Metrosideros
polymorpha dominated montane mesic
forest in the past, but which is now a
forest dominated by the nonnative
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Corynocarpus laevigatus (karakanut) in
the montane mesic ecosystem, at an
elevation of 3,450 ft (1,050 m)
(Aguraiuja and Wood 2003, p. 155;
HBMP 2007; TNCH 2007). D. mannii
was historically known from one
location in the Halemanu area of what
is now Kokee State Park, in the
northwestern region of Kauai. The
species was thought to be extinct since
the early 1900s, until 2002 when a
single individual was rediscovered
(Aguraiuja and Wood 2003, pp. 154-155;
Palmer 2003, p. 120). Currently, the
species is known only from this one
individual in the southeastern branch of
Nawaimaka Stream in the Halemanu
Mountains of Kokee State Park (HBMP
2007).
Doryopteris angelica is a fern in the
pteris family (Pteridaceae) found in
Acacia koa (koa)–Metrosideros
polymorpha lowland mesic forest in the
lowland mesic ecosystem at elevations
between roughly 1,900 and 3,000 ft (579
and 914 m) (HBMP 2007; TNCH 2007).
Three populations of fewer than 20
individuals were discovered in 1994,
and currently the species is known from
approximately 29 to 54 individuals in 5
populations at Awaawapuhi (2 to 3
individuals), Mahanaloa (3 to 6
individuals), Makaha (10 to 20
individuals), Kuia (10 to 20
individuals), and Paaiki (4 to 5
individuals) (NTBG 1998; Wagner
[W.H.] et al. 1999b, p. 147; Wood 1999,
2000, 2007a; Perlman, in litt. 2006;
HBMP 2007).
Dryopteris crinalis var. podosorus, a
fern in the dryopteris family
(Dryopteridaceae), is known from steep
to vertical riparian basalt walls within
dark seeping drainages in Metrosideros
polymorpha montane wet forest within
the montane wet ecosystem, from 4,000
to 5,100 ft (1,200 to 1,550 m) in
elevation (TNCH 2007; Wood 2007c).
Historically, this variety was known
from the Kokee area, Kawaikoi, and
Waialeale (Palmer 2003, p. 139).
Currently, 3 populations totaling 32 to
47 individuals are known. The Mohihi
population is made up of 10 to 20
individuals, from 15 to 20 individuals
comprise the south Kilohana
population, and the Waialeale
population is known from 7 individuals
(Wood 2007c).
Dubautia imbricata ssp. imbricata
(naenae), a shrub in the sunflower
family (Asteraceae), currently occurs in
the lowland wet ecosystem, although
there are historical records from the
montane wet ecosystem as well (Carr
1999, p. 298; TNCH 2007). Occurrence
records show that D. imbricata ssp.
imbricata has typically been found in
wet Metrosideros polymorpha forest and
PO 00000
Frm 00007
Fmt 4701
Sfmt 4702
62597
Metrosideros, Oreobolus (sedge),
Rhynchospora (kuolohia) bogs at
elevations between approximately 2,165
and 3,640 ft (660 and 1,110 m) (HBMP
2007). Historically and currently, D.
imbricata ssp. imbricata is known only
from the Wahiawa Mountains of Kauai
(St. John and Carr 1981, pp. 198, 201;
Carr 1999, p. 298; HBMP 2007). There
are approximately 200 individuals at
Wahaiawa drainage, approximately
1,000 individuals on both sides of the
ridge between Hanapepe and Iole, and
an estimate of several hundred
individuals at Iliiliula (K. Wood, pers.
comm. 2005a; HBMP 2007). These 3
populations total approximately 1,400
individuals (K. Wood, pers. comm.
2005a; HBMP 2007).
Dubautia kalalauensis (naenae), a
shrub or tree in the sunflower family
(Asteraceae), is found in the montane
wet ecosystem in Metrosideros
polymorpha wet forest at elevations
between 4,000 and 4,050 ft (1,205 and
1,235 m) (Baldwin and Carr 2005, p.
261; TNCH 2007). Historically, this
species, as a part of the species
Dubautia laxa, was known from several
locations below the rim of Kalalau
Valley in Kokee State Park in the
northwestern region of Kauai. Currently,
D. kalalauensis is found in only one
location along the rim of Kalalau Valley
near Puu o Kila Lookout and totals 26
individuals (Baldwin and Carr 2005, p.
261).
Dubautia kenwoodii (naenae), a shrub
in the sunflower family (Asteraceae), is
found in diverse lowland mesic forest in
the lowland mesic ecosystem at an
elevation of 2,625 ft (800 m) (HBMP
2007; TNCH 2007; Wood 2007b). First
described in 1998 as a new species, D.
kenwoodii is known from one
individual found below the western rim
of Kalalau Valley, in the northwestern
region of Kauai (Carr 1998).
Dubautia plantaginea ssp. magnifolia
(naenae) is a shrub or small tree in the
sunflower family (Asteraceae) found in
the wet cliff ecosystem (Carr 1999, p.
304; HBMP 2007; TNCH 2007). Typical
habitat for this species includes wet cliff
and wet forest and shrubland at
elevations between 1,542 and 2,395 ft
(470 and 730 m) (HBMP 2007).
Historically, D. plantaginea ssp.
magnifolia was known from two
populations less than 2 mi (3.2 km)
apart in bog habitat in the Alakai
Wilderness Preserve and the Na PaliKona Forest Reserve on Kauai (HBMP
2007). In 1992, the year that Hurricane
Iniki struck Kauai, the only known
population at ‘‘Blue Hole’’ at the
headwaters of the Wailua River of ‘‘a
couple hundred’’ individuals was
greatly reduced. Currently, there are
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62598
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
approximately 100 individuals in the
only known population (Blue Hole) (S.
Perlman, pers. comm. 2003b).
Dubautia waialealae (naenae) is a
dome or tussock-shaped shrub in the
sunflower family (Asteraceae) that
occurs in bogs in the montane wet
ecosystem at elevations between 3,980
and 5,249 ft (1,213 and 1,600 m) (Carr
1999, p. 308; HBMP 2007; TNCH 2007).
The type collection was made on the
summit of Waialeale in 1909 (Rock
1910, p. 304), but little is known of
other historical locations of D.
waialealae on Kauai. Currently, there is
one large population centered on the
rain-gauge summit of Waialeale, with
many subpopulations radiating about
0.6 mi (1 km) to the north and south.
These subpopulations were observed in
groups of 7 to 400 individuals (Wood
2006, pp. 25-29), with a total population
of 3,000 individuals (Wood 2006, p. 9).
In 1994, a single individual of D.
waialealae was reported at North Bog,
8.5 mi (14 km) away from the
population at Waialeale; however, in
2006, it was reported that this
individual had died (K. Wood, in litt.
1994a; M. Bruegmann, pers. comm.
2006b; HBMP 2007).
Geranium kauaiense (nohoanu) is a
decumbent (reclining) subshrub in the
geranium family (Geraniaceae) (Wagner
et al. 1999, p. 733). It occurs in the
montane wet ecosystem in
Metrosideros-Rhynchospora bogs and
bog margins at elevations between 4,000
and 4,080 ft (1,219 and 1,463 m)
(Wagner et al. 1999, p. 733; HBMP 2007;
TNCH 2007).
Historically, G. kauaiense was known
from montane bogs on the island of
Kauai, ranging from North Bog to as far
south as the summit of Waialeale
(HBMP 2007). Currently, there are three
subpopulations within a very small
range (within 0.5 mi, 0.8 km) in the
Halehaha Bogs of the Alakai Wilderness
Preserve totaling approximately 140
individuals (K. Wood, in litt. 1994b; S.
Perlman, pers. comm. 1999b; Wood
2006, p. 10; HBMP 2007).
Keysseria erici is a herb in the
sunflower family (Asteraceae) that
occurs in Metrosideros mixed bogs in
the montane wet ecosystem, at
elevations between 4,000 and 5,120 ft
(1,219 and 1,561 m) (Mill 1999, pp. 329330; HBMP 2007; TNCH 2007). Little is
known of the historical occurrences of
K. erici. The type was collected by
Forbes (1918, p. 306) from the ‘‘Alakai
swamp, Waimea drainage basin’’ on
Kauai. Currently, this species is found
in three to four populations totaling
several thousand individuals (HBMP
2007). The populations occur at
Namolokama, Hanakapiai-Wainiha
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
ridge, In-between Bog, and at the
Kilohana bogs (including Rain Gauge
Bog, T Bog, and Platanthera Bog) (HBMP
2007).
Keysseria helenae is an herb in the
sunflower family (Asteraceae) and is
found in Metrosideros polymorpha or
mixed sedge and grass bogs at elevations
between 3,900 and 5,120 ft (1,189 and
1,561 m) in the montane wet ecosystem
(Mill 1999, p. 330; HBMP 2007; TNCH
2007). Little is known of the historical
occurrences of K. helenae. The type was
collected from the ‘‘swamp near
Kaholuamano’’ by Forbes (1918, p. 306).
Currently, this species is found at
Kauluwehi Bog in the Alakai
Wilderness Preserve, at Waialeale, and
on Kahili-Kawaikini Ridge, totaling
approximately 300 individuals (K.
Wood, pers. comm. 2003b; HBMP 2007).
Labordia helleri (kamakahala) is a
shrub, sometimes climbing, in the
logania family (Loganiaceae) (Wagner et
al. 1999, pp. 856-857). It occurs in
Metrosideros-Acacia-Dicranopteris
mesic to wet forest, at elevations
between 1,200 and 3,900 ft (366 and
1,189 m), in the lowland mesic, lowland
wet, montane mesic, and montane wet
ecosystems (HBMP 2007; TNCH 2007).
Historically, L. helleri was wide-ranging
on Kauai. Collections were made as far
south as the Haupu Mountains, through
central Kauai to the northwestern coast
(HBMP 2007). Currently, there are 10
populations totaling 350 to 550
individuals. The largest population
extends from the Na Pali Kona Forest
Reserve into Kuia Natural Area Reserve
(NAR), and contains 300 to 500
individuals at Honopu, Awaawapuhi,
Kuia drainage, and Kalalau-Milolii
ridge. Other much smaller populations
occur at upper Mahanaloa (10
individuals), Limahuli (recorded as
‘‘occasional’’ in HBMP database), Waioli
(1 individual), Kaunuohua ridge (1
individual), Kohua ridge (1 individual),
Koaie stream (10 individuals), Kawaiiki
(3 individuals), southeast Puu Kolo
(recorded as ‘‘localized’’ in HBMP
database), and Puu Kolo-Kahuamoa (1
individual) (HBMP 2007).
Labordia pumila (kamakahala), a
shrub in the logania family
(Loganiaceae), occurs in the montane
wet ecosystem at elevations between
3,478 and 5,100 ft (1,060 to 1,555 m) in
Metrosideros polymorpha mixed sedge
and grass bogs (Wagner et al. 1999, p.
860; HBMP 2007; TNCH 2007). Little is
known of the historical locations of L.
pumila on Kauai. The type specimen
was collected by Wawra (1869, 1870) at
the summit of Waialeale. Currently, L.
pumila is found in three populations on
the Alakai plateau. The largest
population along the Wainiha rim totals
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
500 individuals (HBMP 2007). There are
also about 300 to 400 individuals at the
summit of Waialeale, and occasional
individuals at Namolakama (Wood
2006, p. 10). The total number of known
individuals from all 3 populations is
800 to 900; however, one estimate
suggests that the overall population in
the summit areas may be as high as
5,000 to 6,000 individuals (Wood 2006,
p. 10).
Lysimachia daphnoides (lehua
makanoe), a member of the myrsine
family (Myrsinaceae), is found in
Metrosideros polymorpha mixed bogs at
elevations between 3,960 and 4,440 ft
(1,207 and 1,353 m) in the montane wet
ecosystem (Marr and Bohm 1997, p.
265; Wagner et al. 1999, p. 1,080; HBMP
2007; TNCH 2007). Historically, L.
daphnoides was known from the more
southerly mountains of Kauai, including
the Wahiawa drainage and ridges, in
what is now the Lihue-Koloa Forest
Reserve (HBMP 2007). Currently, this
species is found in the Alakai
Wilderness Preserve and the Na Pali
Kona Forest Reserve, in 3 populations
totaling 200 to 300 individuals (HBMP
2007; Service 2005a). The population
along the Alakai swamp trail (including
Charlie’s Bog, Kilohana, south Kilohana,
and northwest Kilohana) totals 190 to
280 individuals; the second population
includes Sincock Bog 1 and Kauluwehi
(21 individuals); and the third
population occurs at Waiakoali-Mohihi
and Mohihi drainage (7 individuals)
(HBMP 2007).
Lysimachia iniki is a woody shrub in
the myrsine family (Myrsinaceae) that
occurs on wet, mossy, or rocky cliffs in
the wet cliff ecosystem at 2,400 ft (720
m) (Marr and Bohm 1997, pp. 270-271;
TNCH 2007). This species was first
described in 1997 from material
collected in the ‘‘Blue Hole’’ at the
headwaters of the Wailua River on
Kauai. At the time it was discovered it
was known from 26 individuals, but
currently at least 40 individuals are
known (Marr and Bohm 1997, pp. 270271; S. Perlman, in litt. 2006, 2007).
Lysimachia pendens is a manybranched shrub in the myrsine family
(Myrsinaceae) and is reported from wet,
mossy, or rocky cliffs in the wet cliff
ecosystem at 2,400 ft (720 m) (Marr and
Bohm 1997, p. 275; TNCH 2007). This
species was discovered in the ‘‘Blue
Hole’’ area of Kauai in 1987 from several
small populations totaling
approximately 100 individuals (Marr
and Bohm 1997, p. 275; Division of
Forestry and Wildlife 2005
[Comprehensive Conservation Wildlife
Strategy]). Many plants were destroyed
by two major landslides that apparently
occurred between 1997 and 2003, based
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
on information taken from field survey
reports. Currently, the species is known
from only eight individuals (S. Perlman,
in litt. 2003, 2006, 2007).
Lysimachia scopulensis, a shrub in
the myrsine family (Myrsinaceae), is
found on cliffs in lowland diverse mesic
forest pockets at elevations between
2,950 and 3,200 ft (900 and 975 m)
within the dry cliff ecosystem (Wood
2007d; TNCH 2007). First discovered in
1991 in Kalalau Valley, this species is
currently known from two populations.
The Kalalau population is comprised of
approximately 15 individuals and the
Puu Kii population is comprised of 10
to 15 individuals, for a total of 25 to 30
individuals (Marr and Bohm 1997, pp.
283-284; Wood 2007d).
Lysimachia venosa, a shrub in the
myrsine family (Myrsinaceae), occurs in
Metrosideros polymorpha dominated
wet forest areas in the wet cliff
ecosystem, at elevations between 3,000
and 5,700 ft (915 and 1,740 m) (Marr
and Bohm 1997, p. 284; Wood 2006, p.
11; TNCH 2007). L. venosa was known
historically from two collections in the
early 1900s from the Waialeale summit
region of Kauai (Marr and Bohm 1997,
p. 284; Wagner et al. 1999, p. 1,085;
HBMP 2007). In 1991, a broken branch
of this species was collected from the
headwaters of the Wailua River that had
fallen from the cliffs above, possibly
from the summit area of Waialeale
(Wood 2006, p. 11; Marr and Bohm
1997, p. 284). While no plants were
found during surveys of the summit area
in 2006, there is still additional habitat
to be surveyed, and species experts
believe L. venosa still exists (S. Perlman,
in litt. 2007; Wood 2006, p. 11).
Melicope degeneri (alani) is a small
shrub or tree in the rue family
(Rutaceae) that occurs in the montane
wet ecosystem in MetrosiderosCheirodendron-Dicranopteris wet forest
between the elevations of 3,000 and
3,800 ft (914 and 1,158 m) (Stone et al.
1999, p. 1,186; HBMP 2007; TNCH
2007). M. degeneri was thought to be
extinct until it was rediscovered in
Pohakuao, just beyond the northwest
corner of the Hono o Na Pali NAR, in
1993 (Wood 2000, p. 6), and
subsequently observed in upper
Hanakoa in 1995 and along Koaie
Stream in 1999 (NTBG Accession Data
1999). The Pohakuao individual has not
been relocated since its discovery
(Wood 2000, p. 5). Ten trees were
originally documented during the
discovery of the Hanakoa population in
1995 (Wood 2000, p. 4; Wood 2007 pp.
4-6). Since 1995, 2 of the trees have died
and 3 additional individuals were
located, for a current total of 11
individuals (S. Perlman, in litt. 2007c;
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
N. Tangalin, in litt. 2007a). In addition,
1 small mature tree of M. degeneri was
found growing in Koaie Canyon’s upper
drainage in 1999, and was last observed
there in September of 2006 (K. Wood,
pers. comm. 2007b), bringing the total
known number of M. degeneri to 12, and
possibly 13, known individuals
(including the Pohakuao occurrence).
Melicope paniculata (alani) is a tree in
the rue family (Rutaceae) (Stone et al.
1999, p. 1,199). It occurs in the lowland
wet ecosystem in forests dominated by
Metrosideros polymorpha, at elevations
between 1,200 and 2,680 ft (365 and 815
m) (Stone et al. 1999, p. 1,199; HBMP
2007; TNCH 2007). This species was
historically reported from central Kauai
(HBMP 2007; Stone et al. 1999, p.
1,199). Currently, M. paniculata is
known from six sites, with five
individuals in upper Limahuli Valley,
three individuals along the north fork of
the Wailua River, five individuals along
Koaie Stream, and three individuals on
the ridge between Hulua and Kapalaoa.
The population in Lumahai Valley is
estimated to be approximately 100 to
200 individuals; however Bender (2006,
p. 7) estimated that there may be a total
of 500 individuals (Wood 1998, p. 4;
Stone et al. 1999, p. 1,199; Wagner and
Herbst 2003, p. 45; HBMP 2007).
Melicope puberula (alani) is a shrub
or small tree in the rue family
(Rutaceae) that occurs in the lowland
wet and montane wet ecosystems in wet
forest and bogs at elevations ranging
between 2,080 and 4,100 ft (634 and
1,250 m) (Stone et al. 1999, p. 1,202;
HBMP 2007; TNCH 2007). Historically,
M. puberula was known from the Alakai
Swamp on the island of Kauai (St. John
1944b, p. 266). Currently, this species is
known from the south rim of Kalalau
east to the Alakai-Kilohana plateau area,
and north into Hono o Na Pali NAR
(HBMP 2007). The Hawaii Biodiversity
and Mapping Program delineated these
three areas as one population (named
the Kalalau-Wainiha population)
(HBMP 2007). In 1993, a single
individual was observed near Hinalele
Falls in the southern portion of the
Wainiha Mountain Range (HBMP 2007).
The largest population occurs in the
Alakai-Kilohana Plateau area with
approximately 600 individuals. About
100 individuals are found within the
Kalalau area, and approximately 200
individuals occur within the Hono o Na
Pali NAR, for a total of approximately
900 individuals (HBMP 2007).
Myrsine knudsenii (kolea) is a small
tree in the myrsine family
(Myrsinaceae). Historically, the species
may have been found in lowland mesic
and wet ecosystems, but currently it is
only known from Acacia koa-
PO 00000
Frm 00009
Fmt 4701
Sfmt 4702
62599
Metrosideros polymorpha-Dicranopteris
linearis mesic forest at elevations
between 3,200 and 3,900 ft (975 and
1,200 m) in the montane mesic
ecosystem (Wagner et al. 1999, p. 941;
Wood et al. 2002, p. 15; HBMP 2007;
TNCH 2007). Historically, M. knudsenii
was found in Hanapepe Valley in southcentral Kauai; Kawaiula Trail in western
Kauai; and Awaawapuhi, Kumuwela,
Honopu, and Nualolo in the Kokee
region of the island of Kauai (Wagner et
al. 1999, p. 941). Currently, the species
is known from 3 populations totaling
approximately 30 individuals at
Honopu, Awaawapuhi, and Nualolo (S.
Perlman, in litt. 2007; Wood et al. 2001,
p. 10; Wood et al. 2002, p. 15; HBMP
2007; Wood 4907 (BISH)).
Myrsine mezii (kolea), a small tree in
the myrsine family (Myrsinaceae), is
found in Acacia-Metrosideros forest in
the montane mesic and montane wet
ecosystems at elevations between 3,380
and 3,480 ft (1,030 and 1,060 m)
(Wagner et al. 1999, p. 943; HBMP 2007;
NTBG Accession Data 9888, 2002;
TNCH 2007). M. mezii is known from
only two locations totaling five
individuals, in the Koaie Canyon area of
western Kauai (N. Tangalin, in litt.
2007b). Four trees comprise one
population at Nawaimaka, and the
second known occurrence at Kawaiiki is
composed of a single tree in poor
condition (N. Tangalin, in litt. 2007b).
The population size has not changed in
the last 10 years, and historical
locations and numbers are unknown.
Phyllostegia renovans, a subshrub in
the mint family (Lamiaceae), occurs at
elevations from 2,700 to 3,700 ft (225 to
1,125 m) in Metrosideros polymorpha
wet forest in the lowland wet and
montane wet ecosystems (HBMP 2007;
TNCH 2007). First discovered in 1989 in
the headwaters of the Wainiha River,
this species is currently known from 4
populations: approximately 30
surviving individuals reintroduced into
Limahuli Valley after the last wild
individual from that area died, 5
individuals at Wainiha, 10 individuals
at Kalalau Valley, and 1 individual in
Lumahai Valley (K. Wood, in litt. 1994,
p.4; Wagner 1999, p. 275; HBMP 2007).
Pittosporum napaliense (hoawa) is a
small tree in the pittosporum family
(Pittosporaceae) typically found in
Pandanus and lowland mesic forest in
the lowland mesic ecosystem, at
elevations between 400 and 2,100 ft
(122 and 640 m) (Wagner et al. 1999, pp.
1,045-1,047; HBMP 2007; TNCH 2007).
Historically, P. napaliense was known
from northwestern Kauai (Wagner et al.
1999, p. 1,047; HBMP 2007). Currently,
this species is known from 3
populations; 2 of these are located
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62600
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
within the Hono o Na Pali NAR in
Waiahuakua (50 individuals) and
Hoolulu valleys (100 individuals), with
the third population (10 to 50
individuals) located in upper Kalalau
Valley in the Na Pali Coast State Park
(HBMP 2007).
Platydesma rostrata (pilo kea lau lii)
is a shrub in the rue family (Rutaceae).
It occurs in the lowland mesic, lowland
wet, wet cliff, montane mesic, and
montane wet ecosystems, in forest
dominated by Acacia koa and
Metrosideros polymorpha, at elevations
between 2,500 and 4,000 ft (760 and
1,220 m) (Stone et al. 1999, p. 1,210;
HBMP 2007; TNCH 2007). P. rostrata
was historically known from Makaha
and Milolii ridge in the Na Pali Kona
Forest Reserve, and Kaunuohua ridge
and Nualolo trail in Kokee State Park,
on the island of Kauai (HBMP 2007).
Currently, this species is found in the
Na Pali Kona Forest Reserve on the
Awaawapuhi and Honopu trails; in
Halelea Forest Reserve at Lumahai; in
Hono o Na Pali NAR at Pihea; in Kunia
NAR on the Nualolo Trail; in Mahanaloa
and Kuia valleys; and in the LihueKoloa Forest Reserve at Pohakupele,
Hulua, Kapalaoa, and Iliiliula Valley
(HBMP 2007). These small populations
total approximately 100 individuals
(HBMP 2007).
Pritchardia hardyi (loulu) is a tree in
the palm family (Arecaceae) that occurs
in the lowland wet and wet cliff
ecosystems (Read and Hodel 1999, p.
1,370; TNCH 2007). It is found in
Metrosideros-Dicranopteris wet forest
and shrubland and on windswept
windward ridges and headwater
drainages, at elevations between 1,800
and 3,400 ft (548 and 1,036 m) (Read
and Hodel 1999, p. 1,370; HBMP 2007).
Historically, P. hardyi was known from
a single population totaling about 200
individuals in an area on the southeast
(windward) side of Kauai (HBMP 2007).
An additional population totaling about
100 individuals was found north of that
area (NTBG Provenance Report 040094),
bringing the total number of known
individuals of P. hardyi to
approximately 300. Both populations
occur almost entirely within the LihueKoloa and Halelea Forest Reserves
(HBMP 2007).
Psychotria grandiflora (kopiko) is a
small tree or shrub in the coffee family
(Rubiaceae) that occurs in the montane
mesic and montane wet ecosystems (K.
Wood, in litt. 2007c; TNCH 2007). It is
found in Acacia-Metrosideros mesic to
wet forest between the elevations of
3,400 and 4,100 ft (1,128 and 1,250 m)
(HBMP 2007). Historically, this species
was known from collections at Waimea,
Kokee, and Kalalau, all from the
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
northwestern area of Kauai (Fosberg
1964, p. 258). Currently, 10 small
populations of Psychotria grandiflora
are found only within Kokee State Park,
and are estimated to total between 16
and 30 individuals (Arnold 2007, pp. 13; HBMP 2007; S. Perlman, in litt.
2007d; N. Tangalin, in litt. 2007c).
Psychotria hobdyi (kopiko) is a tree in
the coffee family (Rubiaceae) that occurs
in lowland Acacia koa-Metrosideros
polymorpha mesic forest in the lowland
mesic ecosystem at elevations between
1,700 and 2,700 ft (520 and 825 m)
(Wagner et al. 1999, pp. 1,166-1,168;
HBMP 2007; TNCH 2007). The first
collection of P. hobdyi was made in
Mahanaloa Valley on Kauai in 1970 (St.
John 1975, p. 59). Currently, this species
is known from 10 populations totaling
approximately 120 individuals in the
following locations: 1 population of 2
individuals in Kawaiula Valley; 1
population of approximately 5
individuals at the junction of
Mahanaloa Valley and Kuia Valley; 3
populations totaling approximately 47
individuals in Mahanaloa Valley; 2
populations of 17 to 22 individuals in
Paaiki Valley; 2 populations of
approximately 39 individuals in
Poopooiki Valley; and 1 population in
upper Kalalau Valley of approximately
10 individuals (HBMP 2007).
Schiedea attenuata, a shrub in the
pink family (Caryophyllaceae), occurs
on cliffs at elevations between 2,297 and
2,625 ft (700 and 900 m) in the dry cliff
ecosystem (Wagner et al. 1994, pp. 187190; TNCH 2007). Schiedea attenuata
was discovered in 1991 by K. Wood
during a rappel on the cliffs in an area
of precipitous slopes above the Kalalau
Valley on Kauai. Approximately 20
individuals were last observed there in
1994 (M. Bruegmann, in litt. 1994b,
Wagner et al. 1994, p. 187).
Stenogyne kealiae is a trailing or
scandent vine in the mint family
(Lamiaceae) (Wagner and Weller 1991,
p.51). It occurs in the dry cliff, lowland
wet, and montane mesic ecosystems, in
Metrosideros polymorpha forest, M.
polymorpha-Acacia koa forest, and M.
polymorpha-Dicranopteris linearis
shrubland, at elevations between 3,550
and 4,100 ft (1,082 and 1,250 m)
(Wagner and Weller 1991, p. 51; TNCH
2007). One population (Wainiha),
however, is reported between 2,231 and
2,707 ft (680 and 825 m) elevation
(HBMP 2007). Historically, this species
occurred at Pohakupili near Kealia in
the Kealia Forest Reserve on the island
of Kauai. Currently, this species occurs
at Honopu, Kalalau, Malamalamaiki,
Pohakupili, and Wainiha. The 5
populations of S. kealiae total
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
approximately 100 to 200 individuals
(HBMP 2007).
Tetraplasandra bisattenuata (ohe ohe)
is a tree in the ginseng family
(Araliaceae), which occurs in lowland
mesic to wet forest and shrubland in the
lowland mesic and lowland wet
ecosystems at elevations between 1,800
and 2,000 ft (550 and 610 m) (TNCH
2007; Wood 2007f, pp. 1-5). This species
is known only from the Haupu and
Kahili regions of Kauai. Currently, 35
individuals are found at Mt. Haupu and
2 individuals are at Mt. Kahili (Wood
2007f, p. 1).
Tetraplasandra flynnii (ohe ohe) is a
tree in the ginseng family (Araliaceae)
found in Metrosideros polymorpha
(ohia) montane mesic to wet forest in
the montane mesic and montane wet
ecosystems, at elevations between 3,850
and 4,000 ft (1,175 and 1,225 m) (Lowry
and Wood 2000, p. 42; HBMP 2007;
TNCH 2007). Three individuals of T.
flynii were first discovered in 1988, and
currently it is only known from those
three individuals (Lowry and Wood
2000, pp. 40 and 43; HBMP 2007).
A. Animals
The Kauai creeper (Oreomystis
bairdi), or akikiki, is a small Hawaiian
honeycreeper found only on the island
of Kauai, currently in the montane wet
ecosystem (TNCH 2007). The Hawaiian
honeycreepers are in the subfamily
Drepanidinae of the finch family,
Fringillidae (AOU 1998, p. 676). The
akikiki is most common in forests
dominated by Metrosideros polymorpha
with a diverse subcanopy (Scott et al.
1986, p. 139). Based on surveys
conducted from 1968 through 1973, its
distribution was thought to encompass
21,750 ac (88 sq km) at elevations
between 1,968 and 5,248 ft (600 and
1,600 m), but a survey in 2000 indicated
its distribution had decreased to 8,896
ac (36 sq km) (Scott et al. 1986, p. 141;
Tweed et al. 2005, pp. 3-4). The akikiki
generally forages on trunks, branches,
and twigs of live and dead trees, and
occasionally forages in subcanopy
shrubs. It feeds primarily on insects,
insect larvae, and spiders gleaned and
extracted from bark, lichens, and moss
(Foster et al. 2000, p. 4). Nests are made
of moss, small pieces of bark, bits of
lichen, and fine plant fibers (Eddinger
1972, p. 673; Foster et al. 2000, p. 7;
VanderWerf and Roberts, in press). The
akikiki was considered common from
high to low elevation in native forests in
the late 1800s (Perkins 1903, p. 54), and
was described as locally abundant on
and near the Alakai Plateau in the early
1960s (Richardson and Bowles 1964, p.
29). From 1968 to 1973, the species was
estimated to number 6,832 ± 966 birds
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(Sincock et al. 1983, p. 53). In 1981, data
from the Hawaii Forest Bird Survey
indicated there were approximately
1,650 ± 450 akikiki in a 9.7 sq mi (25
sq km) area of the southeastern Alakai,
in the vicinity of Sincock’s Bog (Scott et
al. 1986, p. 141). The current population
of the akikiki is estimated to be 1,312 ±
530 birds, based on surveys conducted
in April and May 2007 (Hawaii
Divis!ion of Forestry and Wildlife and
USGS, unpubl. data 2007). The
abundance of the akikiki has thus
declined by approximately 80 percent in
the last 40 years, and its distribution has
been reduced to less than half of its
former extent.
The Kauai akepa (Loxops
caeruleirostris), or akekee, is a small
forest bird found only on the island of
Kauai. Like the akikiki, the akekee is
also a Hawaiian honeycreeper in the
subfamily Drepanidinae of the
Fringillidae family (AOU 1998, p. 677).
The akekee occurs in the montane mesic
and montane wet ecosystems in forests
dominated by Metrosideros
polymorpha, Acacia koa,
Cheirodendron trigynum, and C.
platyphyllum (Lepson and Pratt 1997, p.
4; TNCH 2007). The akekee uses its bill
to open flower and leaf buds while
foraging for arthropod prey (insects,
insect larvae, spiders), and is a
specialist on the ohia tree (M.
polymorpha) (Lepson and Pratt 1997, p.
4). Nests are made of moss and lichen,
with the nest lining made of fine grasses
and soft bark strips (Eddinger 1972, p.
97; Berger 1981, p. 140; Lepson and
Freed 1997, pp. 11-12). Until recently,
the population of akekee appeared to be
relatively stable, even while other
endemic Kauai birds demonstrated
sharp declines (Lepson and Pratt 1997,
p. 14). The akekee was described as
‘‘quite plentiful’’ (Bryan and Seale 1901,
p. 136) and common ‘‘over a large part
of the high plateau’’ in the late 1800s
(Perkins 1903, p. 417), and probably
occurred throughout upper elevation
forested regions of the island (Perkins
1903, p. 417). Richardson and Bowles
(1964, p. 30) reported that it was fairly
common in higher elevation forests.
Conant et al. (1998, p. 16) reported that
the akekee was common in the area
around Sincock’s Bog in 1975 and
observed it daily. The first quantitative
information on population size and
distribution was based on extensive
surveys conducted from 1968 to 1973,
which yielded an island-wide
population estimate of 5,066 ± 840
birds, with most individuals found in
the Alakai Plateau area, west to Kokee,
and on Makaleha Mountain and in
Wainiha Valley (Sincock et al. 1983, p.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
53). This was followed by popula!tion
estimates of 7,839 ± 704 birds in 2000,
and 5,669 ± 1,003 birds in 2005 (Hawaii
Division of Forest and Wildlife and
USGS, unpubl. data 2007). The most
recent surveys, conducted in April and
May 2007, show the current population
of akekee to be 3,536 ± 1,030 birds
(Hawaii Division of Forest and Wildlife
and USGS, unpubl. data 2007),
indicating that the population has
dropped to less than half its former size
within the last 7 years. The geographic
range occupied by the akekee was
approximately 34 sq mi (88 sq km) in
1970 (Scott et al. 1986, p. 155), which
was reported not to have changed in
2000 (Foster et al. 2004, p. 721).
However the 2007 surveys failed to find
the species in many areas where it had
previously been observed, indicating
that there has likely been a range
contraction, although the extent of that
contraction is not yet known.
Drosophila attigua, a large species of
Hawaiian picture-wing fly, occurs in
wet forest in the montane mesic and
montane wet ecosystems at elevations
generally between 3,000 and 3,936 ft
(914 and 1,200 m), although it has been
found as low as 2,460 ft (750 m). The
adult flies are generalist microbivores
(microbe eaters) and feed upon a variety
of decomposing plant material. The eggs
are laid within the decomposing bark of
native Cheirodendron sp. (olapa) trees
(family Araliaceae), where the hatching
larvae complete development before
dropping to the soil to pupate (Speith
1980, p. 278; Kaneshiro and Kaneshiro
1995, p. 13-14; TNCH 2007). D. attigua
was historically known from 2
populations on the island of Kauai: one
population east of the Alakai massif at
Mt. Kahili where 19 males and 13
females were observed (Hardy and
Kaneshiro 1969, p. 41; Kaneshiro and
Kaneshiro 1995, p. 13; HBMP 2007), and
a second population on the western end
of the Alakai Swamp in the Na Pali
Kona Forest Reserve at Pihea (K.
Kaneshiro, pers. comm. 2007). The
species was also collected at Mohihi
Stream located within the Alakai
Wilderness Preserve in 1963, and at the
Kokee Stream within Kokee State Park
in 1991 (Kaneshiro and Kaneshiro 1995,
p. 14). Observations of D. attigua at the
Pihea site have been somewhat
sporadic, as the species has been
observed there only three times, once
each in 1986, 1987, and most recently
in 1991, despite numerous surveys
(HBMP 2007; K. Kaneshiro, pers. comm.
2007; K. Magnacca, Wesley College,
pers. comm. 2007).
PO 00000
Frm 00011
Fmt 4701
Sfmt 4702
62601
Previous Federal Action
Thirty-one of the species proposed
here for listing are currently candidate
species (72 FR 69033, December 6,
2007); candidate species are those taxa
for which the Service has sufficient
information on their biological status
and threats to propose them for listing
under the Act, but for which the
development of a listing regulation has
been precluded to date by other higher
priority listing activities. The current
candidates addressed in this proposed
listing rule include the plants Astelia
waialealae, Canavalia napaliensis,
Chamaesyce eleanoriae, Chamaesyce
remyi var. kauaiensis, Chamaesyce
remyi var. remyi, Charpentiera
densiflora, Cyanea eleeleensis, Cyanea
kuhihewa, Cyrtandra oenobarba,
Dubautia imbricata ssp. imbricata,
Dubautia plantaginea ssp. magnifolia,
Dubautia waialealae, Geranium
kauaiense, Keysseria erici, Keysseria
helenae, Labordia helleri, Labordia
pumila, Lysimachia daphnoides,
Melicope degeneri, Melicope paniculata,
Melicope puberula, Myrsine mezii,
Pittosporum napaliense, Platydesma
rostrata, Pritchardia hardyi, Psychotria
grandiflora, Psychotria hobdyi,
Schiedea attenuata, Stenogyne kealiae;
the bird, akikiki; and the picture-wing
fly, Drosophila attigua. The candidate
status of all of these species was most
recently assessed and reaffirmed in the
December 6, 2007, Notice of Review of
Native Species that are Candidates or
Proposed for Listing as Threatened or
Endangered (CNOR) (72 FR 69033).
On May 4, 2004, the Center for
Biological Diversity petitioned the
Secretary of the Interior to list 225
species of plants and animals, including
the 31 candidate species listed above, as
endangered or threatened under the
provisions of the Act. Since then, we
have published our annual findings on
the May 4, 2004, petition (including our
findings on the 31 candidate species
listed above) in the CNOR dated May
11, 2005 (70 FR 24870), September 12,
2006 (71 FR 53756), and December 6,
2007 (72 FR 69033). This proposal
constitutes a further response to the
2004 petition.
On October 11, 2007, we received a
petition from Dr. Eric VanderWerf and
the American Bird Conservancy to list
the akikiki and the akekee as
endangered or threatened species.
According to the petitioners, the akikiki
and akekee warrant listing under the
Act because they have small
populations, occur in small geographic
ranges, and are undergoing rapid
population and range declines; the two
species also face numerous imminent
E:\FR\FM\21OCP2.SGM
21OCP2
62602
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
and significant threats including, but
not limited to, habitat loss and
degradation by alien plants and
nonnative ungulates, diseases spread by
alien mosquitoes, predation by alien
mammals, and catastrophic events such
as hurricanes (VanderWerf and
American Bird Conservancy, in litt.
2007). The petitioners also cite the
inadequacy of regulatory mechanisms as
a threat, noting that as members of the
subfamily Drepanidinae (Hawaiian
honeycreepers), the akikiki and akekee
are not protected under the Migratory
Bird Treaty Act (16 U.S.C. 703-712; see
71 FR 50205, August 24, 2006). The
akikiki was already a candidate species.
This proposal constitutes our response
to the October 11, 2007, petition.
In addition to the 31 candidate
species and the akekee, we are
proposing to list, with critical habitat,
the following 16 species of plants
endemic to Kauai: Cyanea
kolekoleensis, Cyanea dolichopoda,
Cyrtandra paliku, Diellia mannii,
Doryopteris angelica, Dryopteris crinalis
var. podosorus, Dubautia kalalauensis,
Dubautia kenwoodii, Lysimachia iniki,
Lysimachia pendens, Lysimachia
scopulensis, Lysimachia venosa,
Myrsine knudsenii, Phyllostegia
renovans, Tetraplasandra bisattenuata,
and Tetraplasandra flynnii. These 16
Kauai plant species, as well as 170
others on the Hawaiian Islands, have
been identified as the ‘‘rarest of the
rare’’ Hawaiian plant species, in need of
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
immediate conservation, by the
members of the multiagency (Federal,
State, and private) Plant Extinction
Prevention (PEP) program. The goal of
this program is to prevent the extinction
of plant species with fewer than 50
individuals remaining in the wild on
the islands of Kauai, Oahu, Maui,
Molokai, Lanai, and Hawaii. The goal of
the PEP program is to prevent extinction
by establishing a network of multiisland plant propagation sites and
storage facilities, and conducting
emergency monitoring and genetic
sampling of all PEP species (Hawaii
Division of Forestry and Wildlife
(DOFAW) 2007; Service 2007). The
Service has provided significant funding
to this program since 2002, through
section 6 (Cooperation with the States)
of the Act. We believe these 16 plant
species warrant listing under the Act for
the reasons discussed above
(‘‘Description of the 48 Species’’) and in
the ‘‘Summary of Factors Affecting the
Species’’ (below), and since these
species occur within the same six
ecosystems and share common threats
with the other 32 species we are
addressing in this proposed rule, we
have included them here in an effort to
provide them with Federal protection in
an expeditious manne!r.
Summary of Factors Affecting the
Species
Section 4 of the Act (16 U.S.C. 1533)
and our implementing regulations (50
PO 00000
Frm 00012
Fmt 4701
Sfmt 4702
CFR part 424) set forth the procedures
for adding species to the Federal Lists
of Endangered and Threatened Wildlife
and Plants. 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) of the Act: (A) The present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; and (E) other natural or
manmade factors affecting its continued
existence. If we determine that the level
of threat posed to a species by one or
more of the five listing factors is such
that the species meets the definition of
either endangered or threatened under
section 3 of the Act, that species may
then be proposed for listing. The Act
defines an endangered species as ‘‘in
danger of extinction throughout all or a
significant portion of its range,’’ and a
threatened species as ‘‘likely to become
an endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ The
threats to each of the individual 48
species are summarized in Table 2, and
discussed in detail below. Factor D is
not included in the table as no primary
threats to the species fell under this
category.
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
LM
MW (bogs
only)
Jkt 217001
LW, WC
PO 00000
Frm 00013
LM, LW
Chamaesyce remyi
var.remyi
Charpentiera
densiflora
WC
LM, LW,MM,
MW, WC
Chamaesyce remyi
var.kauaiensis
LM, DC
Chamaesyce
eleanoriae
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
LW
LW, WC
WC
MM
LM
Cyanea kolekoleensis
Cyanea kuhihewa
Cyrtandra oenobarba
Cyrtandra paliku
Diellia mannii
Doryopteris angelica
MW
LW
Cyanea eleeleensis
LW
MW
LM
WC
MW (bogs
only)
Dryopteris crinalis
var.podosorus
LW
Cyanea dolichopoda
Dubautia imbricata
ssp. imbricata
21OCP2
Dubautia kalalauensis
Dubautia kenwoodii
Dubautia plantaginea
ssp. magnifolia
Dubautia waialealae
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Nonnative
plants
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Pigs
X
X
X
X
X
X
X
X
X
Goats
X
X
X
Deer
X
X
X
Fire
Factor A
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Hurricanes
L
FR
L
L
L, F
L
F
L
L
L, F
L
L
L
Landslides
or
Flooding
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Climate
Change
Illegal collection
Factor B
X
X
X
X
X
X
X
X
X
X
Predation
by
ungulates
X
X
X
X
X
X
X
X
X
Predation by
rats
Factor C
TABLE 2.—SUMMARY OF PRIMARY THREATS IDENTIFIED FOR EACH OF THE 48 KAUAI SPECIES
Ecosystem
Canavalia napaliensis
Astelia waialealae
Species
jlentini on PROD1PC65 with PROPOSALS2
X
X
X
X
X
X
X
X
Predation by
nonnative
invertebrates
LN
FR, LN
LN
LN
LN
LN
LN
NW
NW
NW
LN
LN
LN, NR
Other speciesspecific
threats
Factor E
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62603
VerDate Aug<31>2005
16:54 Oct 20, 2008
MW (bogs
only)
MW (bogs
only)
Ecosystem
Jkt 217001
PO 00000
Frm 00014
Fmt 4701
MW (bogs
only)
MW (bogs
only)
WC
Labordia pumila
Lysimachia
daphnoides
Lysimachia iniki
WC
LM, LW,MM,
MW
Labordia helleri
Sfmt 4702
Lysimachia
scopulensis
WC
DC
Lysimachia pendens
MW (bogs
only)
Keysseria helenae
E:\FR\FM\21OCP2.SGM
LW, MW
Melicope paniculata
Melicope puberula
MM
LW
Melicope degeneri
MM, MW
LW, MW
LM
LM, LW,
MMMW,
WC
LW, WC
Myrsine knudsenii
MW
Lysimachia venosa
Myrsine mezii
21OCP2
Phyllostegia renovans
Pittosporum
napaliense
Platydesma rostrata
Pritchardia hardyi
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Nonnative
plants
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Pigs
X
X
X
X
X
X
X
X
X
X
X
Goats
X
X
X
Deer
Fire
Factor A
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Hurricanes
L
L
L
L
L
L
L
L
Landslides
or
Flooding
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Climate
Change
X
Illegal collection
Factor B
X
X
X
X
X
X
X
X
X
X
X
X
Predation
by
ungulates
X
X
X
X
X
X
Predation by
rats
Factor C
TABLE 2.—SUMMARY OF PRIMARY THREATS IDENTIFIED FOR EACH OF THE 48 KAUAI SPECIES—Continued
Keysseria erici
Geranium kauaiense
Species
jlentini on PROD1PC65 with PROPOSALS2
X
X
X
X
Predation by
nonnative
invertebrates
LN
LN
LN
LN, NR
NW
LN
LN
NR
NR
NR
Other speciesspecific
threats
Factor E
62604
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
MM, MW
VerDate Aug<31>2005
Schiedea attenuata
LW, MM, DC
DC
Psychotria hobdyi
16:54 Oct 20, 2008
Tetraplasandra flynnii
MM, MW
MM, MW
Tetraplasandra
bisattenuata
Jkt 217001
PO 00000
MM, MW
Akikiki
picture-wing fly
Drosophila attigua
X
X
X
X
X
X
X
X
X
LM = Lowland Mesic
LW = Lowland Wet
MM = Montane Mesic
MW = Montane Wet
DC = Dry Cliff
WC = Wet Cliff
L = Landslides
F = Flooding
LN = Limited numbers/? 50 individuals
NR = No reproduction
FR = Falling rocks
NW = Not extant in wild
AD = Avian diseases
PCO = Predation by feral cats and owls
CTF = Competition with nonnative tipulid flies
Factor A - Habitat Modification
Factor B - Overutilization
Factor C - Disease or Predation
Factor E - Other
MM, MW
Akekee
Animals
LM, LW
Stenogyne kealiae
LM
Psychotria grandiflora
jlentini on PROD1PC65 with PROPOSALS2
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
L
L
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CTF
AD, PCO
AD, PCO
LN
LN
LN
LN
LN, NR
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Frm 00015
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62605
62606
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
A. The Present or Threatened
Destruction, Modification, or
Curtailment of Its Habitat or Range
The Hawaiian Islands are located over
2,000 mi (3,200 km) from the nearest
continent. This isolation has allowed
the few plants and animals that arrived
in the Hawaiian Islands to evolve into
many varied and highly endemic
species (species that occur nowhere else
in the world). The only native terrestrial
mammal on the Hawaiian Islands is a
flying mammal, the Hawaiian hoary bat
(Lasirus cinereus semotus). The native
plants and animals of the Hawaiian
Islands have therefore evolved in the
absence of any mammalian predators,
browsers, or grazers; many of the native
species have lost defenses against
threats such as mammalian predation
and competition with aggressive, weedy
plant species that are typical of
mainland environments (Loope 1992, p.
11; Wagner et al. 1999, pp. 3-6, 45). For
example, Carlquist (in Carlquist and
Cole 1974, p. 29) notes that ‘‘Hawaiian
plants are notably nonpoisonous, free
from armament, and free from many
characteristics thought to be deterrents
to herbivores (oils, resins, stinging hairs,
coarse texture).’’ In addition, species
restricted to highly specialized locations
or food sources (e.g., some Hawaiian
forest birds and picture-wing flies) are
particularly vulnerable to changes (from
nonnative species, hurricanes, fire, and
climate change) in their habitat
(Carlquist and Cole 1974, pp. 28-29;
Loope 1992, pp. 3-6; Stone 1992, pp. 88102).
jlentini on PROD1PC65 with PROPOSALS2
Habitat destruction and modification
by introduced ungulates
Introduced mammals have greatly
impacted the native vegetation, as well
as the native fauna, of the Hawaiian
Islands. The first introductions of alien
mammals began with pigs, dogs, and
rats that arrived with the Polynesians
around 400 A.D. (Kirch 1982, p. 3-4).
Impacts to the native species and
ecosystems of Hawaii accelerated
following the arrival of Captain James
Cook in 1778. The Cook expedition and
subsequent explorers intentionally
introduced a European race of pigs or
boars and other livestock, such as goats,
to serve as food sources for seagoing
explorers (USGS 1998, p. 752). The mild
climate of the islands, combined with
the lack of competitors or predators, has
led to the successful establishment of
large populations of these introduced
mammals, to the detriment of native
Hawaiian species and ecosystems. Over
the 200 years following the introduction
of these animals, the numbers of
introduced ungulates has increased, and
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
the adverse impacts on native vegetation
have become increasingly apparent
(Mueller-Dombois et al. 1981, p. 310).
Beyond the direct effects of trampling
and consuming native plants, feral
ungulates (hoofed mammals) contribute
significantly to increased erosion on the
islands, and their behavior (i.e., rooting,
moving across large expanses) facilitates
the spread and establishment of
competing, invasive, nonnative plant
species. The presence of introduced
alien mammals is considered one of the
primary factors underlying the
alteration and degradation of native
vegetation and habitats on the island of
Kauai. All six ecosystems and the
associated native species that occur in
these ecosystems are threatened by the
destruction or degradation of habitat
due to nonnative ungulates (hoofed
mammals), including pigs (Sus scrofa),
goats (Capra hircus), and black-tailed
deer (Odocoileus hemionus).
Pigs have been described as the most
pervasive and disruptive nonnative
influence on the unique native forests of
the Hawaiian Islands, and are widely
recognized as one of the greatest current
threats to forest ecosystems in Hawaii
(Aplet et al. 1991, p. 56; Anderson and
Stone 1993, p. 195; Loope 1999, p. 56).
European pigs, introduced to Hawaii by
Captain James Cook in 1778, hybridized
with domesticated Polynesian pigs,
became feral, and invaded forested
areas, especially wet and mesic forests
and dry areas at high elevations. They
are currently present on Kauai, Niihau,
Oahu, Molokai, Maui, and Hawaii.
These introduced pigs are extremely
destructive and have both direct and
indirect impacts on native plant
communities. While rooting in the earth
in search of invertebrates and plant
material, pigs directly impact native
plants by disturbing and destroying
vegetative cover, and trampling plants
and seedlings. They may also reduce or
eliminate plant regeneration by
damaging or eating seeds and seedlings
(further discussion of predation by
nonnative ungulates is under Factor C,
below). Pigs are a major vector for the
establishment and spread of competing
invasive nonnative plant species, by
dispersing plant seeds on their hooves
and coats as well as through the spread
of manure, and by fertilizing the
disturbed soil through their feces. Pigs
feed preferentially on the fruits of many
nonnative plants, such as Passiflora
mollisima (banana poka) and Psidium
cattleianum (strawberry guava),
spreading the seeds of these invasive
species through their feces as they travel
in search of food. In addition, rooting
pigs contribute to erosion by clearing
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
vegetation and creating large areas of
disturbed soil, especially on slopes
(Aplet et al. 1991, p. 56; Smith 1985, pp.
190, 192, 196, 200, 204, 230-231; Stone
1985, pp. 254-255, 262-264; Medeiros et
al. 1986, pp. 27-28; Scott et al. 1986, pp.
360-361; Tomich 1986, pp. 120-12!6;
Cuddihy and Stone 1990, pp. 64-65;
Loope et al. 1991, pp. 1-21; Wagner et
al. 1999, p. 52). The compacted volcanic
soils, wallows, and downed, hollowedout tree ferns created by feral pig
activity hold water and create breeding
sites for mosquitoes, which transmit
avian disease (Scott et al. 1986, pp. 365368; Atkinson et al. 1995, p. S68).
Mosquito-borne diseases such as
malaria pose a significant threat to
native Hawaiian forest birds, including
the akikiki and akekee (see Factor C).
Goats native to the Middle East and
India were also successfully introduced
to the Hawaiian Islands in the late
1700s. Feral goats now occupy a wide
variety of habitats on Kauai, where they
consume native vegetation, trample
roots and seedlings, accelerate erosion,
and promote the invasion of alien plants
(Stone 1985, p. 48; van Riper and van
Riper 1982, pp. 34-35). Goats are able to
access and forage in extremely rugged
terrain, including nearly vertical cliffs of
the Na Pali Coast, and have a high
reproductive capacity (Clarke and
Cuddihy 1980, pp. C-19, C-20; Culliney
1988, p. 336; Cuddihy and Stone 1990,
p. 64); because of these factors, goats are
believed to have completely eliminated
some plant species from islands
(Atkinson and Atkinson 2000, p. 21).
Goats can be highly destructive to
natural vegetation, and contribute to
erosion by: eating young trees and
young shoots of plants before they can
become established; creating trails that
can damage native vegetative cover,
destabilize substrate, and create gullies
that convey water and exacerbate
erosion; and dislodging stones from
ledges that can damage vegetation below
(C. Phillipson, pers.comm. 2008). The
erosion caused by goats on the steep
slopes of Kauai contributes to the
potential for landslides and also
increases the potential for flooding.
Large feral herds of goats can cause
damage at multiple scales; their
climbing ability allows access to the
more remote areas of Kauai and their
browsing cau!seshabitat degradation
that can lead to landslides from erosion.
Black-tailed deer (also known as mule
deer) were first introduced to Kauai in
1961 for the purpose of sport hunting.
These deer are currently limited to the
western side of Kauai, where they feed
on a variety of native and alien plants
(van Riper and van Riper 1982, p. 4246). In addition to directly impacting
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
native plants through browsing, deer
likely inpact native plants indirectly by
serving as a primary vector for the
spread of introduced plants. Deer feed
on many alien plant species, and likely
distribute these plants seeds through
their feces as they travel. Black-tailed
deer have been noted as a vector of
habitat alteration in the Kauai
ecosystems (NTBG report 2007a; HBMP
2007), and impact the Kauai plants
through predation as well (Factor C).
Each of the six Kauai ecosystems
identified in this proposed rule
(lowland mesic, lowland wet, montane
mesic, montane wet, dry cliff, and wet
cliff) and the proposed native species
dependent on these habitat types are
subject to both the direct and indirect
adverse impacts of feral ungulates,
which result in the destruction and
degradation of habitat for the native
Kauai species. The effects of these
nonnative animals include the
destruction of vegetative cover;
trampling of plants and seedlings; direct
consumption of native vegetation; soil
disturbance; dispersal of alien plant
seeds on hooves, coats, and through the
spread of seeds in feces; and creation of
open disturbed areas conducive to
further invasion by nonnative pest plant
species. All of these impacts lead to the
subsequent conversion of a plant
community dominated by native species
to one dominated by nonnative species
(see Habitat destruction and
modification by nonnative plants,
below). In addition, because these
mammals inhabit terrain that is often
steep and remote (Cuddihy and Stone
1990, p. 59), foraging and trampling
contributes to severe erosion of
watersheds. As early as 1900, there was
increasing concern expressed about the
integrity of island watersheds leading to
establishment of a professional forestry
program emphasizing soil and water
conservation (Nelson 1989, p. 3).
Habitat destruction and modification
by nonnative plants
General Ecosystem Impacts
The native vegetation on all of the
main Hawaiian Islands has undergone
extreme alteration because of past and
present land management practices,
including ranching, the deliberate
introduction of nonnative plants and
animals, and agricultural development
(Cuddihy and Stone 1990, pp. 27, 58).
All of the species being addressed in
this proposed rule are threatened by
almost 50 taxa of introduced plants that
alter their habitat. The original native
flora of Hawaii (species that were
present before humans arrived)
consisted of about 1,000 taxa, 89 percent
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
of which were endemic (species that
occur only on the Hawaiian Islands).
Over 800 plant taxa have been
introduced from elsewhere, and nearly
100 of these have become pests (e.g.,
injurious plants) in Hawaii (Smith 1985,
p. 180; Gagne and Cuddihy 1999, p. 45;
Cuddihy and Stone 1990, p. 73). Some
of these plants were brought to Hawaii
by various groups of people, including
the Polynesians, for food or cultural
reasons. Plantation owners (and the
territorial government of Hawaii),
alarmed at the reduction of water
resources for their crops caused by the
destruction of native forest cover by
grazing feral and domestic animals,
introduced nonnative trees for
reforestation. Ranchers intentionally
introduced pasture grasses and other
nonnative plants 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, p. 73; Scott et al. 1986, pp. 361363).
Nonnative plants adversely impact
native Hawaiian habitat, including the 6
Kauai ecosystems and the 48 species
identified in this proposed rule, by
modifying the availability of light,
altering soil-water regimes, modifying
nutrient cycling, altering fire
characteristics of native plant
communities (e.g., successive fires that
burn farther and farther into native
habitat, destroy native plants, and
remove habitat for native species by
altering microclimatic conditions to
favor alien species), and ultimately
converting native dominated plant
communities to nonnative plant
communities (Cuddihy and Stone, 1990,
p. 74; D’Antonio and Vitousek 1992, p.
73; Smith 1985, pp. 180-181; Vitousek et
al. 1997, p. 6). This directly and
indirectly affects the plant and animal
species proposed for listing by
modifying or destroying their habitat
and reducing food sources. Below we
have organized by ecosystem a list of
nonnative plants followed by a
discussion of the specific negative
effects of those nonnative plants on the
proposed species.
Lowland Mesic Ecosystem
The nonnative plant threats to the
species inhabiting the lowland mesic
ecosystem include the understory and
subcanopy species Blechnum
appendiculatum (no common name,
hereafter ‘‘NCN’’), Erigeron
karvinskianus (daisy fleabane),
Hedychium gardnerianum (kahili
ginger), Kalanchoe pinnata (air plant),
Lantana camara (lantana), Melastoma
septemnervium (Indian rhododendron),
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
62607
Rubus argutus (prickly Florida
blackberry), Rubus rosifolius
(thimbleberry), and the canopy species
Psidium cattleianum (strawberry guava),
P. guajava (common guava),
Rhodomyrtus tomentosa (downy or rose
myrtle), and Schinus terebinthifolius
(Christmasberry) (Carr 1998, p. 10;
NTBG Accession Database 1999; NTBG
Provenance Report 1991; Wood 1998, p.
1; Wood 1999, p. 1; Wood 2005, p. 1;
Wood 2007a, p. 1; Wood 2007f, p. 1;
HBMP 2007). In addition, there are
several nonnative grasses such as
Melinus minutiflora (molasses grass),
Oplismenus hirtellus (basketgrass),
Paspalum conjugatum (Hilo grass), P.
urvillei (Vasey grass), and Setaria
parviflora (yellow foxtail) that pose a
significant threat to the species
dependent on this ecosystem (HBMP
2007).
Lowland Wet Ecosystem
The nonnative plant threats to the
species inhabiting the lowland wet
ecosystem include the understory and
subcanopy species Axonopus fissifolius
(narrow-leaved carpetgrass), Christella
parasitica (NCN), Clidemia hirta
(Koster’s curse), Coffea arabica (Arabian
coffee), Cyperus meyenianus (NCN),
Erigeron karvinskianus, Juncus
planifolius (bog rush), Lantana camara,
Melastoma septemnervium, Oplismenus
hirtellus, Pterolepis glomerata (NCN),
Rubus rosifolius, Sacciolepis indica
!(glenwood grass), Setaria parviflora,
and Sphaeropteris cooperi (Australian
tree fern), and the canopy species
Psidium cattleianum, P. guajava, and
Rhodomyrtus tomentosa (Hawaii State
Comprehensive Wildlife Strategy
(HSCWS) 2005; NTBG 2006; Wood
1998, p. 2; Wood 2007f, p. 3; HBMP
2007).
Montane Mesic Ecosystem
The nonnative plant threats to the
species inhabiting the montane mesic
ecosystem include the understory and
subcanopy species Axonopus fissifolius,
Blechnum appendiculatum, Christella
parasitica, Cyperus meyenianus,
Ehrharta stipioides (meadow ricegrass),
Erigeron karvinskianus, Hedychium
gardnerianum, Holcus lanatus (common
velvet grass), Kalanchoe pinnata,
Lantana camara, Lonicera japonica
(Japanese honeysuckle), Melastoma
septemnervium, Paspalum urvillei,
Passiflora tarminiana (banana poka),
Rubus argutus, R. ellipticus (yellow
Himalayan raspberry), and R. rosifolius,
and the canopy species Corynocarpus
laevigatus (karakanut), Eucalyptus
robusta (swamp mahogany), Psidium
cattleianum, Rhodomyrtus tomentosa,
E:\FR\FM\21OCP2.SGM
21OCP2
62608
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
incursions of fire-tolerant nonnative
plant species into native habitat.
Nonnative plants outcompete native
Montane Wet Ecosystem
plants by growing faster; in addition,
The nonnative plant threats to the
they release chemicals that inhibit the
species inhabiting the montane wet
growth of other plants. By outcompeting
ecosystem include the understory and
native species, nonnative plants convert
subcanopy species Andropogon
native-dominated plant communities to
glomeratus (bushy bluestem),
nonnative plant communities (Cuddihy
Andropogon virginicus (broomsedge),
and Stone 1990, p. 74; Vitousek 1992,
Axonopus fissifolius, Clidemia hirta,
pp. 33-35). The following list provides
Cyperus meyenianus, Erechtites
a brief description of the nonnative
valerianifolia (fireweed), Erigeron
plants that pose a threat to the species
karvinskianus, Hedychium
proposed for listing that occur in the
gardnerianum, Juncus planifolius,
ecosystems being addressed in this
Kalanchoe pinnata, Lantana camara,
proposed rule.
• Ageratum conyzoides is a perennial
Paspalum urvillei, Passiflora
tarminiana, Rubus argutus, R. ellipticus, herb that produces thousands of seeds
R. rosifolius, Sacciolepis indica, Setaria spread by wind and water, with over
half germinating shortly after being
parviflora, and Xyris complanata
shed, displacing native understory
(yellow-eyed grass), and the canopy
vegetation (Pacific Island Ecosystem at
species Morella faya (firetree) and
Risk (PIER) 2007).
Psidium cattleianum (HBMP 2007).
• Andropogon glomeratus, a grass
Dry Cliff Ecosystem
species, displaces native vegetation by
invading disturbed areas, with culms
The nonnative plant threats to the
(stems of grasses or similar plants) to 5
species inhabiting the dry cliff
ft (1.5 m) tall, and reproduces readily by
ecosystem include the understory and
seed (Ohio Department of Natural
subcanopy species Andropogon
Resources 2006; PIER 2008a).
glomeratus, Erigeron karvinskianus,
• Andropogon virginicus is a grass
Kalanchoe pinnata, Lantana camara,
with seeds that are easily distributed by
Lonicera japonica, Passiflora
tarminiana, Rubus argutus, and Verbena wind, clothing, vehicles, and feral
animals (Smith 1989, p. 63). Some
litoralis (vervain) (Wood 2007d; HBMP
research suggests that this species may
2007).
also release allelopathic substances
Wet Cliff Ecosystem
(chemicals that inhibit growth in other
plants) that dramatically decrease the
The nonnative plant threats to the
reestablishment of native plants (Rice
species inhabiting the wet cliff
1972, p 752). This species is on the
ecosystem include the understory and
Hawaii State noxious weed list (HAR
subcanopy species Ageratum
Title 4, Subtitle 6, Chapter 68).
conyzoides (maile honohono),
• Axonopus fissifolius is a pasture
Andropogon glomeratus, Blechnum
grass that forms dense mats with tall
appendiculatum, Clidemia hirta,
foliage. This species does well in soils
Cyperus meyenianus, Erigeron
with low nitrogen levels, and can
karvinskianus, Juncus planifolius,
outcompete other grasses in wet forests
Kalanchoe pinnata, Lonicera japonica,
Paspalum conjugatum, Passiflora edulis and bogs. The species is not subject to
any major diseases or insect pests, and
(passion fruit, lilikoi), P. tarminiana,
recovers quickly from fire. The seeds are
Pluchea carolinensis (sourbush), Rubus
argutus, R. rosifolius, Setaria parviflora, readily spread by water, vehicles, and
grazing animals (O’Connor 1999, pp.
Sphaeropteris cooperi, and Youngia
japonica (oriental hawksbeard), and the 1,500-1,502; Cook et al. 2005, p. 4).
• Blechnum appendiculatum is a fern
canopy species Buddleja asiatica (dog
with fronds to 23 in (60 cm) long, that
tail) and Psidium cattleianum (S.
forms large colonies, outcompeting
Perlman, in litt. 2007; HBMP 2007).
many native fern species (Palmer 2003,
Nonnative Species-Specific Impacts
p. 81).
Nonnative plants represent a
• Buddleja asiatica is a shrub or
significant and immediate threat to each small tree that can tolerate a wide range
of the 48 species being addressed in this of habitats, forms dense thickets, and is
proposed rule throughout their ranges
rapidly spreading into wet forest and
by destroying and modifying habitat.
even lava and cinder substrate areas in
They can adversely impact microhabitat Hawaii where it displaces native
by modifying the availability of light,
vegetation (Wagner et al. 1999, p. 415;
altering soil-water regimes, and
Pacific Island Ecosystem at Risk (PIER)
modifying nutrient cycling processes.
2008b).
• Christella parasitica (a fern) is
They can also alter fire characteristics of
known to hybridize with other
native plant habitat, leading to
jlentini on PROD1PC65 with PROPOSALS2
and Ricinus communis (castor bean)
(HBMP 2007).
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00018
Fmt 4701
Sfmt 4702
Christella species, and may hybridize
with endemic Hawaiian Christella
species (Palmer 2003, p. 90).
• Clidemia hirta is a noxious shrub in
the Melastomataceae family that forms a
dense understory, shades out native
plants and prevents their regeneration,
and is considered a significant
nonnative plant threat (Wagner et al.
1985, p. 41; Smith 1989, p. 64). All
plants in the Melastomataceae family
are legally declared noxious in the State
of Hawaii (HAR Title 4, Subtitle 6,
Chapter 68).
• Coffea arabica is shade tolerant and
can form dense stands in the forest
understory. Its seeds are dispersed by
birds and rats and can germinate under
the forest canopy displacing native
vegetation (PIER 2008c).
• Corynocarpus laevigatus is a tree up
to 49 ft (15 m) tall. C. laevigatus seeds
were broadcast by aircraft over the
interior of Kauai in 1929 in an attempt
to restore the watershed, and it is now
naturalized there (Wagner et al. 1985, p.
39; Forster and Forster 1999, p. 566). It
forms dense shade which excludes other
species, and the seeds are distributed by
frugivorous (fruit-eating) birds and pigs
(PIER 2008d).
• Cyperus meyenianus can grow as
tall as 2 ft (0.6 m) in height and
outcompetes native plants (Koyama
1999, p. 1,421).
• Ehrharta stipioides is a grass that
creates a thick mat in which other
species cannot regenerate; its seeds are
easily dispersed by awns (slender,
terminal, bristle-like process found at
the spikelette in many grasses) that
attach to fur or clothing (U.S. Army
2006, p. 2-1-20).
• Erechtites valerianifolia, a tall (up
to 8 ft (2.5 m)), widely-distributed
annual herb, produces thousands of
wind-dispersed seeds, outcompeting
native plants (Wagner et al. 1999, p.
314).
• Erigeron karvinskianus reproduces
and spreads rapidly to form dense mats,
and can spread by stem layering and
regrowth of broken roots. This species
crowds out and displaces ground level
plants (Weeds of Blue Mountains
Bushland 2006).
• Eucalyptus robusta was planted by
State foresters in the early 1900s on all
the main Hawaiian Islands except
Niihau and Kahoolawe in an attempt to
protect watersheds. These trees are
quick-growing, can reach 99 ft (30 m) in
height, reproduce from seed, and
replace native forest species (Cuddihy
and Stone 1990, p 52; Wagner et al.
1999, p. 957; PIER 2008e).
• Hedychium gardnerianum forms
vast, dense colonies, displacing other
plant species, and reproduces by stolons
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
where already established. The
conspicuous, fleshy, red seeds are
dispersed by fruit-eating birds as well as
humans (Smith 1985, p. 191). Aircraftbased analysis has found that this
species reduces the amount of nitrogen
in the native Metrosideros forest canopy
in Hawaii, a finding subsequently
corroborated by ground-based sampling
(Asner and Vitousek 2005). This species
may also block stream edges, altering
water flow and the native vegetation
community (Global Invasive Species
Database (GISD) 2007).
• Holcus lanatus is an aggressively
growing and possibly allelopathic
(having a chemical inhibitory effect on
other organisms) grass that quickly
becomes dominant over other plants
(Pitcher and Russo 1980, p. 3).
• Juncus planifolius forms dense mats
and has the potential of displacing
natives by preventing establishment of
their seedlings (Medeiros et al. 1991, p.
28).
• Kalanchoe pinnata can form dense
stands that prevent reproduction of
native species. It can also reproduce by
vegetative means at indents along the
leaf (Motooka et al. 2003).
• Lantana camara was brought to
Hawaii as an ornamental plant, and is
an aggressive, thicket-forming shrub
which is now found on all of the main
islands (Wagner et al. 1999, p. 1,320).
• Lonicera japonica is a sprawling
vine that can grow over and smother
shrubs and small trees, and cover the
forest floor, preventing growth of native
species (PIER 2008f).
• Melastoma septemnervium is
another member of the Melastomataceae
family. This plant displaces and
outcompetes native vegetation because
of its invasive characteristics such as
high germination rate, rapid growth,
early maturity, ability of fragments to
root, possible asexual reproduction, and
efficient seed dispersal, especially by
birds (Smith 1985, p. 194; University of
Florida Herbarium 2006). This species is
on the Hawaii State noxious weed list
(HAR Title 4, Subtitle 6, Chapter 68).
• Melinus minutiflora forms dense
mats that can fuel more intense fires
that destroy native plants (O’Connor
1999, p. 1.562; Cuddihy and Stone 1990,
p. 89).
• Morella faya is an evergreen shrub
or small tree up to 26 ft (8 m) tall. It
forms monotypic stands, has the ability
to fix nitrogen, and alters the
successional ecosystems in areas it
invades, displacing native vegetation
through competition. It is also a prolific
fruit producer (average of 400,000 fruit
per individual shrub or tree per year),
and the fruit are spread by frugivorous
birds and feral pigs (Vitousek 1990, p.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
8-9; Wagner et al. 1999, p. 931; PIER
2008g). This species is on the Hawaii
State noxious weed list (HAR Title 4,
Subtitle 6, Chapter 68).
• Oplismenus hirtellus forms a dense
groundcover, is sometimes climbing,
and roots at the nodes, enabling its
rapid spread. It also has sticky seeds
that attach to visiting animals and birds
that then carry them to new areas where
they are deposited and spread
accordingly (O’Connor 1999, p. 1,565;
Johnson 2005).
• Paspalum conjugatum is found in
wet habitats, and forms a dense ground
cover. Its small hairy seeds are easily
transported on humans and animals or
are carried by the wind through native
forests, where it establishes and
displaces native vegetation (Cuddihy
and Stone 1990, p. 83; Tomich 1986, p.
125; PIER 2006; University of Hawaii
2008h).
• Paspalum urvillei forms dense
stands which displace native vegetation
(Motooka et al. 2003, p. 1).
• Passiflora edulis is a vigorous,
climbing vine cultivated for its fruit in
Hawaii (Escobar 1999, p. 1,010). It can
grow up to 20 ft (6 m) per year once
established, smothering trees and
shrubs. Each fruit has hundreds of seeds
which are eaten and distributed by pigs
(PIER 2008i).
• Passiflora tarminiana, a vine native
to South America, is widely cultivated
for its fruit (Escobar 1999, p 1,012). First
introduced to Hawaii in the early 1900s,
it is now a significant pest in mesic
forest, where it overgrows and smothers
the forest canopy. Its seeds are readily
dispersed by humans, birds, and feral
pigs (La Rosa 1992, pp. 272, 290).
• Pluchea carolinensis is a fastgrowing shrub that forms thickets in dry
habitats and can tolerate saline
conditions. The wind-dispersed seeds
facilitate plant dispersal which
displaces native vegetation (Francis
2006).
• Psidium cattleianum forms dense
stands in which few other plants can
grow, displacing native vegetation
through competition. The fruit is eaten
by pigs and birds that disperse the seeds
throughout the forest (Smith 1985, p.
200; Wagner et al. 1985, p. 24).
• Psidium guajava forms dense
stands in disturbed forest. The seeds are
spread by feral pigs and alien birds, and
it can also regenerate from underground
parts by suckering (Wagner et al. 1999,
p. 972).
• Pterolepis glomerata is another
member of the Melastomataceae family.
The basis for its classification as
invasive are the plant’s germination
rates, rapid growth, early maturity,
ability of fragments to root, possible
PO 00000
Frm 00019
Fmt 4701
Sfmt 4702
62609
asexual reproduction, and seed
dispersal by birds (University of Florida
Herbarium 2006). Because of these
attributes, it displaces native vegetation
through competition.
• Rhodomyrtus tomentosa forms
dense thickets and produces large
amounts of seed that are dispersed by
frugivorous birds and mammals (Smith
1985, p. 201). It also alters natural fire
regimes and sprouts prolifically after
fires (University of Florida 2006). This
species is on the Hawaii State noxious
weed list (HAR Title 4, Subtitle 6,
Chapter 68).
• Ricinus communis is a fast growing
tree that can form thickets that shade
out other species (PIER 2007).
• Rubus argutus reproduces both
vegetatively and by seed, readily sprouts
from underground runners, and is
quickly spread by frugivorous birds
(Tunison 1991, p. 2; Wagner et al. 1999,
p. 1,107; U.S. Army 2006, p. 2-1-21, 21-22). This species, which displaces
native vegetation through competiton, is
on the Hawaii State noxious weed list
(HAR Title 4, Subtitle 6, Chapter 68).
• Rubus ellipticus is a climbing shrub
that forms impenetrable thickets, is
covered with prickles, and has edible
yellow fruit that are readily dispersed
by birds. This species, which displaces
native vegetation through competition,
is on the Hawaii State noxious weed list
(Benton 2005, p 1; GISD 2008a; HAR
Title 4, Subtitle 6, Chapter 68).
• Rubus rosifolius forms dense
thickets and outcompetes native plant
species. It easily reproduces from roots
left in the ground, and seeds are spread
by feral animals and birds (PIER 2008j;
GISD 2008b).
• Sacciolepis indica is an annual
grass that invades disturbed and open
areas in wet habitats. The seeds are
dispersed by sticking to animal fur
(University of Hawaii 1998).
• Schinus terebinthifolius forms
dense thickets and grows in all terrain,
and the red berries are attractive to birds
(Smith 1989, p. 63). Schinus seedlings
grow very slowly and can survive in
dense shade, exhibiting vigorous growth
when the canopy is opened after a
disturbance (Brazilian Pepper Task
Force 1997). Because of these attributes,
it is able to displace native vegetation
through competition.
• Setaria parviflora can grow in a
wide variety of habitats. Its culms
(hollow or pithy stalks or stems) can be
up to 4 ft (1.2 m) tall, and this species
can form significant colonies shading
and crowding out native plant species
(O’Connor 1999, p. 1,592; University of
Florida 2007).
• Sphaeropteris cooperi is a tree fern
native to Australia that was brought to
E:\FR\FM\21OCP2.SGM
21OCP2
62610
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Hawaii for use in landscaping (Medeiros
et al. 1992, p. 43). It can achieve high
densities in native Hawaiian forest and
grows up to 1 ft (0.3 m) in height per
year. It reaches maximum known
heights of 39 ft (12 m) (Jones and
Clemesha 1976, p. 56), and can displace
native species. Understory disturbance
by pigs facilitates its establishment
(Medeiros et al. 1992, p. 30), and it has
been known to spread over seven mi (12
km) through windblown dispersal of
spores from plant nurseries (Medeiros et
al. 1992, p 29).
• Verbena litoralis is a perennial herb
up to 6.5 ft (2 m) tall, and is naturalized
in a wide range of habitats in Hawaii
(Wagner et al. 1999, p. 1,325). It
displaces native vegetation through
competition.
• Xyris complanata is a clumping
herb cultivated for use in floral
arrangements. It is naturalized in
Hawaii in wet muddy areas and on lava
and can outcompete native vegetation
(Wagner et al. 1999, p. 1,615).
• Youngia japonica is an annual herb
3 ft (0.9 m) tall that is native to
southeastern Asia and is now a
pantropical weed (Wagner et al. 1999, p.
377). In Hawaii it occurs in moist,
disturbed sites, and can invade nearly
intact native wet forest (Wagner et al.
1999, p. 377), outcompeting native
vegetation.
Habitat destruction and modification by
fire
Fire is a relatively new, humanrelated threat to native species and
natural vegetation in Hawaii. The
historical fire regime in Hawaii was
characterized by infrequent, low
severity fires (Cuddihy and Stone 1990,
p. 91; Smith and Tunison 1992, pp. 395397). Few natural ignition sources
existed, natural fuel beds were often
discontinuous, and rainfall in many
areas on most islands was, and is
moderate to high. Fires inadvertently or
intentionally ignited by the original
Polynesians in Hawaii probably
contributed to the initial decline of
native vegetation in the drier plains and
foothills. These early settlers practiced
slash-and-burn agriculture that created
open lowland areas suitable for the later
colonization of nonnative, fire-adapted
grasses (Kirch 1982, pp. 5-6, 8; Cuddihy
and Stone 1990, pp. 30-31). Beginning
in the late 18th century, Europeans and
Americans introduced plants and
animals that further degraded native
Hawaiian ecosystems. Pasturage and
ranching, in particular, created highly
fire-prone areas of nonnative grasses
and shrubs (D’Antonio and Vitousek
1992, p. 67). Although fires are
infrequent in mountainous regions
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
today, extensive fires have occurred in
lowland mesic areas, and up to half of
the areas dominated by alien species
have been damaged by fire.
Fires of all intensities, seasons, and
sources are destructive to native
Hawaiian ecosystems (Brown and Smith
2000, p. 172), and a single grass-fueled
fire can kill most native trees and shrubs
in the burned area (D’Antonio and
Vitousek 1992, p. 74). Few native
Hawaiian plants and animals are
adapted to withstand fire, and none are
known to depend on fire for their
existence or regeneration. Although
Vogl (1969) (in Cuddihy and Stone
1990, p. 91) proposed that naturally
occurring fires, primarily from lightning
strikes, have been important in the
development of the original Hawaiian
flora, and that many Hawaiian plants
might be fire adapted, Mueller-Dumbois
(1981) (in Cuddihy and Stone 1990, p.
91) point out that most natural
vegetation types of Hawaii would not
carry fire before the introduction of
alien grasses, and Smith and Tunison
(in press) (in Cuddihy and Stone 1990,
p. 91) state that native plant fuels
typically have low flammability.
Cuddihy and Stone (1990, p. 91) state
that fire probably influenced the
evolution of the montane ecosystems of
Maui and Hawaii, which contain
grasslands of the native Deschampsia
nubigena and stands of native shrub
species and koa (Acacia koa).
Alien-dominated grasslands and
shrublands constitute the greatest fire
threat to native lowland vegetation,
including the lowland mesic ecosystem
described in this proposal. Grasses
(particularly those that produce mats of
dry material or retain a mass of standing
dead leaves) that invade native forests
and shrublands provide fuels that allow
fire to burn areas that would not
otherwise easily burn (Fujioka and Fujii
1980, in Cuddihy and Stone 1990, p.
93). Native woody plants may recover
from fire to some degree, but fire tips
the competitive balance toward alien
species (National Park Service 1989 in
Cuddihy and Stone 1990, p. 93). Many
nonnative invasive plants, especially
fire tolerant grasses, outcompete native
plants and inhibit their regeneration
(D’Antonio and Vitousek 1992, pp. 70,
73-74; Tunison et. al. 2002, p. 122).
Fire represents a threat to many of the
species found in the lowland mesic,
montane mesic, and dry cliff ecosystems
addressed in this proposed rule. Fire
can destroy dormant seeds as well as
plants, even in steep or inaccessible
areas. Successive fires that burn farther
and farther into native habitat destroy
native plants and remove habitat for
native species by altering microclimate
PO 00000
Frm 00020
Fmt 4701
Sfmt 4702
conditions favorable to alien plants.
Alien plant species most likely to be
spread as a consequence of fire are those
that produce a high fuel load, are
adapted to survive and regenerate after
fire, and establish rapidly in newly
burned areas. For example, a
documented increase in the frequency
and size of fires at Hawaii Volcanoes
National Park since 1968 coincided with
an increasing cover of alien grasses
(Smith and Tunison 1992, p. 398).
Habitat destruction and modification by
hurricanes
Hurricanes adversely impact native
Hawaiian habitat, including all six
Kauai ecosystems and their associated
species identified in this proposed rule.
They do this by destroying native
vegetation, opening the canopy and thus
modifying the availability of light, and
creating disturbed areas conducive to
invasion by nonnative pest species
(Asner and Goldstein 1997, p. 148;
Harrington et al. 1997, pp. 539-540).
Because many Hawaiian plant and
animal species, including the 48 species
in this proposal, persist in low numbers
and in restricted ranges, natural
disasters, such as hurricanes, can be
particularly devastating (Hawaii
Comprehensive Wildlife Conservation
Plan 2005, p. 4-3).
In November 1982, Hurricane Iwa
struck the Hawaiian Islands with wind
gusts exceeding 100 miles per hour
(mph) (161 kilometers per hour (kph)),
causing extensive damage, especially on
the islands of Niihau, Kauai, and Oahu
(Businger 1998, pp. 2, 6). Many forest
trees were destroyed, which opened the
canopy and facilitated invasion of
native habitat by nonnative plants.
Competition with nonnative plants is a
threat to each of the 6 ecosystems and
the 48 species addressed in this
proposed rule, as described above. In
September 1992, Hurricane Iniki, a
Category 4 hurricane with maximum
wind speeds recorded at 140 mph (225
kph), passed directly over the island of
Kauai, causing significant damage to
Kauai’s native plant populations
(Businger 1998, pp. 2, 6; S. Perlman, in
litt. 1992, pp. 1-9). Several species of
Kauai’s endemic forest birds suffered
significant declines in population, and
some have not been observed since the
hurricanes. In addition, populations of
several of Hawaii’s rare plants,
including three of the species in this
proposal, Lysimachia iniki, L. pendens,
and L. venosa, were adversely impacted
by hurricanes Iwa and Iniki through
wind damage, canopy disruption, and
landslides (S. Perlman, in litt. 1992, p.
1). Damage by future hurricanes could
further decrease the remaining native-
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
plant dominated habitat areas that
support rare plants and wildlife in
Kauai ecosystems (S. Perlman, in litt.
1992, pp. 1-9).
Habitat destruction and modification
due to landslides and flooding
Landslides and flooding destabilize
substrates, damage and destroy
individual plants, and alter hydrological
patterns, which result in changes to
native plant and animal communities.
Due to the steep topography of much of
the island of Kauai, erosion and
disturbance caused by introduced
ungulates exacerbates the potential for
landslides or flooding, which in turn
threaten native plants. For those species
that occur in small numbers in highly
restricted geographic areas, such events
have the potential to eradicate all
individuals of a population, or even all
populations of a species, resulting in
extinction.
Landslides and flooding likely
adversely many of the species addressed
in this proposed rule, including:
Chamaesyce eleanoriae, Chamaesyce
remyi var. kauaiensis, C. remyi var.
remyi, Charpentiera densiflora, Cyanea
dolichopoda, C. eleeleensis, C.
kolekoleensis, C. kuhihewa, Cyrtandra
oenobarba, C. paliku, Diellia mannii,
Dubautia kenwoodii, Dubautia
plantaginea ssp. magnifolia, Lysimachia
iniki, L. pendens, L. scopulensis, L.
venosa, Melicope paniculata, Myrsine
mezii, Phyllostegia renovans,
Platydesma rostrata, Schiedea
attenuata, and Stenogyne kealiae.
Monitoring data from the HBMP
suggests that these species are
threatened by landslides or falling
rocks, since they are found in landscape
settings susceptible to these events (e.g.,
steep slopes and cliffs). Since Schiedea
attenuata is known from only a single
population of 20 individuals on a steep
cliff, one landslide could lead to the
extinction of the species by direct
destruction of the individual plants,
mechanical damage to individual plants
which could lead to their death,
destabilization of the cliff habitat
leading to additional landslides, and
alteration of hydrological patterns (e.g.,
affecting the availability of soil
moisture). Field survey data presented
in the HBMP suggest that Charpentiera
densiflora and Cyrtandra oenobarba are
threatened by both landslides and
flooding, and Cyanea kolekoleensis is
threatened by flooding.
Habitat destruction and modification by
climate change
The exact nature of the impacts of
global climate change and increasing
temperatures on native Hawaiian
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
ecosystems, including the 6 Kauai
ecosystems and each of the associated
48 species identified in this proposed
rule, are unknown, but are likely to
include the loss of native species that
comprise the communities in which the
48 Kauai species occur (Benning et al.
2002, pp. 14,246 and 14,248; Pounds et
al. 1999, pp. 611-612; Still et al. 1999,
p. 610). Future changes in precipitation
are uncertain because they depend in
˜
part on how El Nino (a disruption of the
ocean atmospheric system in the
Tropical Pacific having important global
consequences for weather and climate)
might change, and reliable projections
˜
of changes in El Nino have yet to be
made (Hawaii Climate Change Action
Plan 1998, pp. 2-10).
According to some climate change
projections, temperature increases could
pose an additional threat specific to the
akekee and akikiki by causing an
increase in the elevation at which
regular transmission of avian malaria
occurs (Benning et al. 2002).
Experimental evidence has shown that
the malarial parasite does not develop
in birds in an environment below 55
degrees Fahrenheit (F) (13 degrees
Celsius (C)), and field studies have
found that maximum malaria
transmission occurs where mean
ambient summer temperature is 63
degrees F (17 degrees C) (Benning et al.
2002, p. 14,246). Between 55 and 63
degrees F (13 and 17 degrees C), malaria
transmission is sporadic and usually
associated with warmer periods, such as
˜
El Nino events (Benning et al. 2002, p.
14,246). There are no forested areas on
Kauai where mean ambient temperature
is below 55 degrees F (13 degrees C),
which indicates that all areas are subject
to malaria at least periodically. Benning
et al. (2002) used GIS simulation to
show that an increase in temperature of
3.6 degrees F (2 degrees C), which is
within the range predicted by some
climate models (e.g. Still et al. 1999 and
references therein, p. 608; IPCC 2001, p.
67-69), would raise the 63 degrees F (17
degrees C) isotherm in the Alakai
swamp region on Kauai by 984 ft (300
m), resulting in an 85 percent decrease
in the land area where malaria
transmission currently is only periodic.
If climate change were to reduce the
remaining suitable habitat for the akekee
and akikiki by 85 percent as predicted,
it would likely contribute to the
extinction of the species over time.
The 48 Kauai species in this proposal
are theoretically amongst the most
vulnerable to extinction due to
anticipated global climate change,
although the specific impacts of such
climate change on these species cannot
currently be known. Impacts to the
PO 00000
Frm 00021
Fmt 4701
Sfmt 4702
62611
species proposed for listing would be
expected to include habitat loss or
alteration and/or changes in disturbance
regimes, in addition to direct
physiological stress. The probability of
species going extinct as a result of these
factors increases when ranges are
restricted, habitat decreases, and
population numbers decline (IPCC 2007,
p. 8). Such is the case for each of the
48 Kauai species, which are
characterized by limited climactic
ranges and/or restricted habitat
requirements, small population size,
and low number of individuals. The
threat of climate change for the akikiki
and akekee would be further
exacerbated by the extensive loss of
suitable habitat due to the expansion of
the transmission zone for malaria.
Summary of Habitat Destruction and
Modification
The threats to each of the 48 Kauai
species addressed in this proposed rule
are occurring throughout the entire
range of each of the species. These
threats include introduced ungulates,
nonnative plants, fire, natural disasters,
and climate change.
The effects from ungulates are
immediate because ungulates currently
occur in all of the ecosystems on which
these species depend. The threat posed
by introduced ungulates is significant
because they cause: (1) Trampling and
grazing that directly impacts the plant
species proposed for listing; (2)
increased soil disturbance, leading to
mechanical damage to individuals of
proposed plants and host plants of
Drosophila attigua (picture-wing fly); (3)
trampling and grazing native plants
used for nesting and foraging by the
akekee and akikiki, and for foraging by
D. attigua; (4) creation of open,
disturbed areas conducive to weedy
plant invasion and establishment of
alien plants from dispersed fruits and
seeds, which results over time in the
conversion of a community dominated
by native vegetation to one dominated
by nonnative vegetation (leading to all
of the negative impacts associated with
nonnative plants, detailed below); (5)
increased watershed erosion and
sedimentation; and (6) creation of
breeding sites for mosquitoes, the
primary vector for the transmission of
avian diseases, which threaten the
akikiki and akekee. These threats are
expected to continue or increase
without control or eradication.
Nonnative plants represent a
significant and immediate threat to all
48 species being addressed in this
proposed rule through habitat
destruction and modification for the
following reasons: (1) They adversely
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62612
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
impact microhabitat by modifying the
availability of light; (2) they alter soilwater regimes; (3) they modify nutrient
cycling processes; (4) they alter fire
characteristics of native plant habitat,
leading to incursions of fire-tolerant
nonnative plant species into native
habitat; and (5) they outcompete, and
possibly directly inhibit the growth of,
native plant species. All of these threats
can convert native dominated plant
communities to nonnative plant
communities (Cuddihy and Stone 1990,
p. 74; Vitousek 1992, pp. 33-35). This
conversion has negative impacts on, and
threatens, the 45 plant species
addressed here, as well as the akikiki,
akekee, and Drosophila attigua, which
depend upon native plant species for
essential life history needs.
The threat from fire to the species in
this proposed rule that depend on
lowland mesic, montane mesic, and dry
cliff ecosystems (see Table 2) is
significant because fire damages and
destroys native vegetation, including
dormant seeds, seedlings, and juvenile
and adult plants. Many nonnative
invasive plants, particularly fire-tolerant
grasses, outcompete native plants and
inhibit their regeneration (D’Antonio
and Vitousek 1992, pp. 70, 73-74;
Tunison et al 2001, p. 122). Successive
fires that burn farther and farther into
native habitat destroy native plants and
remove habitat for native species by
altering microclimatic conditions and
creating conditions favorable to alien
plants. The threat from fire is
unpredictable but omnipresent in these
ecosystems that have been invaded by
nonnative, fire-prone grasses.
Natural disasters such as hurricanes
represent a significant threat to native
habitat and the 48 species addressed in
this proposed rule because they open
the forest canopy, modify available
light, and create disturbed areas that are
conducive to invasion by nonnative pest
plants (Asner and Goldstein 1997, p.
148; Harrington et al. 1997, pp. 346347). These impacts can be particularly
devastating to the 48 species addressed
in this proposed rule because due to
other threats they now persist in low
numbers or occur in restricted ranges,
and are therefore less resilient to such
disturbances. Furthermore, a
particularly destructive hurricane holds
the potential of driving a highly
localized endemic species to extinction
in a single event. In 1982 and 1992, the
island of Kauai received the brunt of
hurricane-force winds and rain
associated with Hurricanes Iwa and
Iniki. Field biologists noted significant
declines in native Hawaiian plant and
wildlife populations following these
events, and believe that future hurricane
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
damage could further exacerbate these
declines (S. Perlman, in litt. 1992, p. 1).
Hurricanes pose an immediate and everpresent threat, because they can occur at
any time, although their occurrence is
not predictable.
Landslides and flooding adversely
impact many of the species in this
proposed rule (see Table 2) by
destabilizing substrates, damaging and
destroying individual plants, and
altering hydrological patterns which
result in habitat destruction or
modification and changes to native
plant and animal communities. These
threats are significant and, as with
hurricanes, have the potential to occur
at any time, although their occurrence is
not predictable.
The projected effects of global climate
change and increasing temperatures on
the 48 species addressed in this
proposed rule relate to changes in
microclimatic conditions, which may
lead to the loss of native species due to
direct physiological stress, the loss or
alteration of habitat, and/or changes in
disturbance regimes (e.g., storms and
hurricanes). Because the probability of
species going extinct increases when
ranges are restricted, habitat decreases,
and population numbers decline –
conditions that describe the situation for
small populations of single-island
endemics such as those addressed in
this proposed listing – each of the 48
Kauai species are particularly
vulnerable to extinction due to such
changes. In addition, climate change
may pose a significant threat specific to
the akekee and akikiki by causing an
increase in the elevation at which
regular transmission of avian malaria
occurs. However, because the specific
effects of probable climate change on
these species are unknown at this time,
we are not able to determine the
magnitude of this threat with
confidence.
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
The palm tree Pritchardia hardyi is
found only on the island of Kauai. Rare
palm trees are highly desirable to
collectors, and there is an active internet
sales and online auction market for their
seeds and seedlings, including P. hardyi
(GardenGuides.com 2007;
Rarepalmseeds.com 2007; South Coast
Palms 2007; Kapoho Palms 2007; J.D.
Anderson Nursery 2007; Jungle Music
Palms and Cycads 2007; Tropical
Gardens of Maui 2007). Seeds of P.
hardyi have been stolen from an
outplanting site in the past (R. Nishek,
NTBG, pers. comm. 2007), and we have
evidence of vandalism and illegal
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
collection of other species of
endangered Pritchardia palms on Kauai
(Johnson 1996, pp. 16-17; A. Kyono,
DOFAW, pers. comm. 2000; R. Nishek,
pers. comm. 2007). Because this species
is found in only two populations with
limited numbers of individuals, we
consider overutilization to be an
immediate and significant threat to P.
hardyi throughout its entire range. We
do not consider overutilization to pose
a threat to any of the other 47 Kauai
species.
C. Disease or Predation
Avian Diseases
Avian diseases transmitted by the
introduced southern house mosquito
(Culex quinquefasciatus), including
avian pox (Poxvirus avium) and malaria
(Plasmodium relictum), play a major
role in limiting the distribution of the
many Hawaiian forest bird species, and
pose a significant and immediate threat
to the akekee and akikiki throughout
their ranges (Benning et al. 2002, p.
14,246). Like many other native
Hawaiian forest birds, the akikiki and
akekee are no longer found at lower
elevations, but have become restricted
to the higher elevation montane mesic
(akekee only) and montane wet (both
akekee and akikiki) ecosystems where
mosquitoes and the diseases they carry
are less prevalent (Scott et al. 1986, p.
367-368). In the warmer fall months,
Culex quinquefasciatus breeds at higher
densities in upper elevation forests,
coinciding with a prevalence of malaria
in avian populations at higher
elevations (van Riper et al. 1986, pp.
332-333, 338).
Native Hawaiian birds evolved in the
absence of mosquito-borne avian
diseases, and only recently became
exposed when mosquitoes were
accidentally introduced to the islands in
1827, in association with the
introduction of avian pox and malaria
through imported cage birds and
domestic fowl (Yorinks and Atkinson
2000, p. 731 and references therein).
Native Hawaiian forest birds are more
susceptible to malaria than are
nonnative bird species (van Riper et al.
1986, pp. 327-328). In addition, native
birds infected with malaria also show
altered behaviors that increase their
vulnerability to predation (Yorinks and
Atkison 2000, pp. 731-738). Avian
malaria appears to be highly pathogenic
for the Hawaiian honeycreepers (birds
in the subfamily Drepanidinae),
including the akikiki and akekee
(Yorinks and Atkinson, p. 737). In a
study of iiwi (Vestiaria coccinea),
another Hawaiian honeycreeper,
Atkinson et al. (1995, p. S65) described
‘‘extraordinarily high mortality’’ of birds
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
infected with malaria. This
susceptibility, in combination with the
observation that other Hawaiian
honeycreepers have become restricted to
high elevation forests, led Atkinson et
al. (1995, p. S68) to predict that a shift
in the current mosquito distribution to
higher elevations could be disastrous for
those species with already reduced
populations. As discussed below
(‘‘Other Natural or Manmade Factors
Affecting Their Continued Existence’’),
climate change may pose just such a
threat to the akikiki and akekee, by
potentially causing an increase in the
elevation at which regular transmission
of avian malaria occurs (Benning et al.
2002, pp. 12,246-14,247).
Predation
Hawaii’s plants and animals evolved
in nearly complete isolation. Successful
colonization of these remote volcanic
islands was infrequent, and many
organisms never established
populations. As an example, Hawaii
lacks any native ants or conifers, has
very few bird families, and has only a
single native land mammal (Loope 1998,
p. 748). Defenses against mammalian
herbivory, such as thorns, prickles, and
production of toxins, were not needed,
and evolutionary pressure for plants to
produce or maintain them was lacking.
Therefore, Hawaiian plants lost or never
developed these defenses (Carlquist
1980, p. 173). Likewise, birds endemic
to Hawaii lost their resistance to
diseases common to their continental
origins, and strategies to avoid
mammalian predators. Native Hawaiian
birds were not able to withstand the
stressors of habitat change and
predation caused when browsers,
grazers, rooters, and predators were
introduced (e.g., goats, cattle, pigs, rats,
cats, and deer) (Scott et al. 1986, pp.
352-361, 364-365). The native flora and
fauna of the islands are thus particularly
vulnerable to the impacts of introduced
alien species.
Introduced Ungulates
In addition to the habitat impacts
discussed above (See ‘‘Habitat
Destruction and modification by
introduced ungulates’’), the following
ungulates most likely threaten the 45
plant species in this proposal by
trampling and eating individual plants,
as follows (this information is also
presented in Table 2): Astelia
waialealae (feral goats and pigs),
Canavalia napaliensis (feral goats),
Chamaesyce eleanoriae (feral goats),
Chamaesyce remyi var. kauaiensis (feral
pigs), C. remyi var. remyi (feral goats,
pigs, and black-tailed deer),
Charpentiera densiflora (feral goats),
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Cyanea eleeleensis (feral pigs), C.
kolekoleensis (feral pigs), C. kuhihewa
(feral pigs), Cyrtandra oenobarba (feral
goats and pigs), Diellia mannii (blacktailed deer and feral pigs), Doryopteris
angelica (black-tailed deer, feral goats
and pigs), Dryopteris crinalis var.
podosorus (feral pigs), Dubautia
imbricata ssp. imbricata (feral pigs),
Dubautia kenwoodii (feral goats and
pigs), Dubautia plantaginea ssp.
magnifolia (feral pigs), Dubautia
waialealae (feral goats and pigs),
Geranium kauaiense (feral pigs),
Keysseria erici (feral pigs), K. helenae
(feral pigs), Labordia helleri (blacktailed deer, and feral goats and pigs);
Labordia pumila (feral pigs); Lysimachia
daphnoides (feral pigs), L. pendens
(feral pigs), L. scopulensis (feral pigs
and goats), Melicope degeneri (feral
goats and pigs), M. paniculata (feral
goats and pigs), M. puberula (feral goats
and pigs), Myrsine knudsenii (blacktailed deer, feral goats and pigs), M.
mezii (feral!goats and pigs), Phyllostegia
renovans (feral goats and pigs),
Pittosporum napaliense (feral goats),
Platydesma rostrata (black-tailed deer,
feral goats and pigs), Pritchardia hardyi
(feral goats and pigs), Psychotria
grandiflora (black-tailed deer, feral goats
and pigs), P. hobdyi (black-tailed deer,
feral goats and pigs), Schiedea attenuata
(feral goats), Stenogyne kealiae (blacktailed deer, feral goats and pigs),
Tetraplasandra bisattenuata (feral pigs),
and Tetraplasandra flynnii (feral goats)
(Wood 1998, p. 1; Wagner et al. 1999,
p. 282; HBMP Database 2007; Wood in
litt. 2007, pp. 1, 4, 6-8, 10-12; USFWS
2007 Candidate Status Assessments).
We have direct evidence of ungulate
damage to some of these species, but for
many, ungulate damage is presumed
based on several studies conducted in
Hawaii and elsewhere. In a study
conducted by Diong (1982, p. 160) on
Maui, feral pigs were observed browsing
on young shoots, leaves, and fronds of
a wide variety of plants, of which over
75 percent were endemic species (Diong
1982, p. 160). A stomach content
analysis in this study showed that 60
percent of the pigs’ food source
consisted of the endemic Cibotium (tree
fern). Pigs were observed to fell plants
and remove the bark of the native plant
species Clermontia, Cibotium,
Coprosma, Psychotria, Scaevola, and
Hedyotis, resulting in larger trees being
killed over a few months of repeated
feeding (Diong 1982, p. 144). A study in
Texas conducted by Beach (1997, pp. 34) revealed that feral pigs spread disease
and parasites, and that their rooting and
wallowing behavior led to spoilage of
watering holes and loss of soil through
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
62613
leaching and erosion. Rooting activities
also decreased the survivability of some
plant species through disruption at root
level of mature plants and seedlings
(Beach 1997, pp. 3-4).
Feral goats thrive on a variety of food
plants, and are instrumental in the
decline of native vegetation in many
areas (Cuddihy and Stone 1990, p. 64).
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 (Clarke and
Cuddihy 1980, p. C-20; van Riper and
van Riper 1982, pp. 34-35; Tomich
1986, pp. 153-156; Cuddihy and Stone
1990, p. 64). A study of goat predation
on a native Acacia koa (koa) forest on
the island of Hawaii has shown that
grazing pressure by goats can cause the
eventual extinction of koa because it is
unable to reproduce (Spatz and MuellerDombois 1973, p. 874). If goats are
maintained at constantly high numbers,
mature trees will eventually die and
with them, the root systems that support
suckers and vegetative reproduction. An
exclosure analysis demonstrated that
release from goat pressure by fencing
resulted in a rapid recovery in height
growth and numbers of vegetative
resprouts of koa (Spatz and MuellerDombois 1973, p. 873). Another study at
Puuwaawaa on the island of Hawaii
demonstrated that prior to management
actions in 1985, regeneration of endemic
shrubs and trees in the goat-grazed area
was almost totally lacking, contributing
to the invasion of the forest understory
by exotic grasses and weeds. After the
removal of grazing animals in 1985, koa
and Metrosideros spp. (ohia) seedlings
were observed germinating by the
thousands (Department of Land and
Natural Resources 2002, p. 52). Goats
have been observed uprooting, eating,
and trampling native plants in the Kauai
ecosystems (e.g., K.R. Wood 1994; S.
Perlman, in litt. 2007). Based on a
comparison of fenced and unfenced
areas, it is clear that goats can devastate
native ecosystems. They can also
outcompete black-tailed deer. It is
estimated that there are 2 goats per
hectare in Hawaii (C. Kessler, pers.
comm. 2008).
Black-tailed deer co!nsume native
vegetation, trample roots and seedlings,
accelerate erosion, and promote the
invasion of nonnative plants (van Riper
and van Riper 1982, pp. 42-43; Stone
1985, pp. 261-262; Tomich 1986, pp.
132-134; Cuddihy and Stone 1990, p.
67). About 350 animals are known to
occur in and near Waimea Canyon, with
some invasion into Alakai Swamp in
drier periods (Cuddihy and Stone 1990,
p. 67). According to current State
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62614
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
records, they are feeding largely on the
introduced species strawberry guava,
thimbleberry, passion flower, and
blackberry, as well as the native species
Alyxia oliviformis (maile), Dodonaea
viscosa (aalii), Dianella sandwicensis
(ukiuki), Coprosma sp. (pilo), and
Acacia koa (Cuddihy and Stone 1990, p.
67). Black-tail deer affect the species
and ecosystems addressed in this
proposed rule by damaging native
plants through browsing or trampling,
resulting in plant mortality and/or the
loss of reproductive vigor. By spreading
seeds of nonnative species on their coats
or in their digestive tracts, they also
increase competition for resources with
native species.
Rats
There are three species of introduced
rats in the Hawaiian Islands. The
Polynesian rat (Rattus exulans) and the
black rat (Rattus rattus) are primarily
found in the wild, in dry to wet habitats,
while the Norway rat (Rattus
norvegicus) is typically found in
manmade habitats such as urban areas
or agricultural fields (Tomich 1986, p.
41). The Polynesian rat probably arrived
on the Hawaiian Islands as an
inadvertent introduction by early
Polynesian colonizers from the central
Pacific (Tomich 1986, p. 42). More
recently, the black rat and the Norway
rat most likely arrived on the Hawaiian
Islands as stowaways on ships sometime
in the 19th century (Atkinson and
Atkinson 2000, p. 25).
Rats occur in all six of the Kauai
ecosystems, and rat predation threatens
at least 19 of the 45 plant species
addressed in this proposed rule (see
Table 2). Although introduced rats are
best known for their impacts on island
birds, rat predation on seeds and young
plants can seriously affect regeneration.
They are also known to have caused
declines or even the total elimination of
island plant species (Campbell and
Atkinson 1999, as cited in Atkinson and
Atkinson 2000, p. 24). Rats impact the
native plants by eating fleshy fruits,
seeds, flowers, stems, leaves, roots, and
other plant parts (Atkinson and
Atkinson 2000, p. 23). In the Hawaiian
Islands, rats may consume as much as
90 percent of the seeds produced by
some trees, or in some cases prevent the
regeneration of forest species
completely (Cuddihy and Stone 1990,
pp. 68-69). Plants with large, fleshy
fruits are particularly susceptible to rat
predation including several of the plant
genera proposed for listing here, for
example the fruits of Pritchardia spp.,
and plants in the bellflower (e.g.,
Cyanea spp.), and African violet (e.g.,
Cyrtandra spp.) families (Cuddihy and
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Stone 1990, pp. 67-69). Research on rats
in forests in New Zealand has
demonstrated that, over time, rats may
alter the species composition of forest
plants (Cuddihy and Stone 1990, pp. 6869).
Rat predation may also threaten the
native host and foraging plants of
Drosophila attigua, and is a threat to the
akekee and akikiki in the montane
mesic and montane wet ecosystems.
Rats are reported in the ecosystems
where these birds occur and are
potential predators on roosting or
incubating adults, nests, and young
(VanderWerf and Smith 2002, p. 73;
Scott et al. 1986, pp. 363-364; USFWS
2007 Candidate Status Assessments).
Predation by rats was the greatest cause
of nest failure for the puaiohi, or small
Kauai thrush (Myadestes palmeri), an
endangered bird that inhabits the same
areas as!the akekee and akikiki (Tweed
et al. 2006, p. 753). Puaiohi nest almost
exclusively in pseudo-cavities on cliff
faces (Snetsinger et al. 2005, p. 77),
unlike akikiki and akekee that build cup
nests in trees (Akikiki, BNA 555, p. 7;
Akekee, BNA 295, p. 6). Captive raised
puaiohi built cup nests in trees during
a 1999 captive release in the Kawaikoi,
and two females and their associated
young were killed by rats at these nests
(Tweed et al. 2003, USGS/BRD,
unpublished data). From these data and
information on rat predation for cliff
nests (Snetsinger et al. 2005, p. 79), it
is clear that both puaiohi cliff nests and
cup nests built in trees are vulnerable to
rat predation. Although we do not have
direct evidence of rat predation on the
akekee or akikiki from nest studies, it is
reasonable to assume that these birds
nesting in the same area as the puaiohi
would be exposed to similar impacts
from rat predation.
Cats and Owls
Feral cats (Felis domesticus) are
present in the Alakai Swamp, which is
within the montane wet ecosystem
(Tweed et al. 2006, p. 753). Cats are
believed to prey on roosting or
incubating akekee and akikiki adults,
nests, and young (VanderWerf and
Smith 2002, p. 73; Scott et al. 1986, pp.
363-364). Though cats are most common
at lower elevations, they have been
observed in high-elevation rain forests
on Hawaii and Maui (Scott et al. 1986,
p. 363). On Hawaii Island, native forest
birds have been found to be a regular
component in the diets of feral cats in
the montane wet forest (Smucker et al.
2000, p. 233). Examination of the
stomach contents of 118 feral cats at
Hakalau forest found native and
introduced birds to be the most common
prey item (Banko et al. 2004, p. 162). In
PO 00000
Frm 00024
Fmt 4701
Sfmt 4702
addition, two species of owls, the native
pueo (Asio flammeus sandwichensis)
and the introduced barn owl (Tyto alba),
are also known to prey on forest birds.
Between 1996 and 1998, 10 percent of
nest failures of the endangered puaiohi
on Kauai were attributed to owls
(Snetsinger et al. 1994, p. 47; Snetsinger
et al. 2005, pp. 72, 79). Since the
puaiohi occurs in the same area and
forest type as the akikiki and akekee and
is of generally similar size, it is not
unreasonable to assume there may be
similar impacts to these bird species.
Invertebrates
Predation by nonnative invertebrate
pests adversely impacts 13 of the plant
and animal species (Table 2) in this
proposed rule through mechanical
damage to plants, destruction of plant
parts, parasitism, and mortality. Those
introduced invertebrate pests with the
greatest effect on these native species
include at least 12 different species of
slugs (Joe 2006, pp. 6, 12), the black
twig borer (Xylosandrus compactus)
(Davis 1970, pp. 38-39), the two-spotted
leafhopper (Sophonia rufofascia)
(Hawaii Department of Agriculture, p. 1;
Fukada 1996, pp. 1-12), and the western
yellow-jacket wasp (Vespula
pensylvanica) (Gambino and Loope
1992, p. 1).
Predation by nonnative slugs is most
likely a threat to individuals of the four
species of Cyanea in this proposed rule:
Cyanea dolichopoda, C. eleeleensis, C.
kolekoleensis, and C. kuhihewa (Joe
2006, p. 10). On Oahu, slugs have been
reported to destroy C. grimesiana ssp.
obatae and C. superba ssp. superba in
the wild, and have been observed eating
leaves and fruit of cultivated
individuals of Cyanea (L. Mehrhoff,
pers. comm. 1995; U.S. Army Garrison
2005, pp. 3-34, 3-51). Little is known
about the predation of certain rare
plants by slugs; however, information in
the U.S. Army’s 2005 Status Report for
the Makua Implementation Plan
indicates that slugs can be a threat to all
species of Cyanea (U.S. Army Garrison
2005, p. 3-51). Research investigating
slug herbivory and control methods
shows that slug impacts on Cyanea
seedlings results in up to 70 to 80
percent seedling mortality (U.S. Army
Garrison 2005, p. 3-51). Although we do
not have direct evidence of slug
predation on the 4 species of Cyanea
addressed in this rule, slugs are found
in the ecosystems on Kauai in which
these plants occur. It is therefore
reasonable to assume these plant species
would be exposed to similar impacts
from slug predation.
The black twig borer (Xylosandrus
compactus) is known to infest a wide
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
variety of common plant taxa, including
native species of Melicope (Davis 1970,
p. 39; Extension Entomology and UHCTAHR Integrated Pest Management
Program 2006a, p. 1). This insect pest
burrows into branches, introduces a
pathogenic fungus as food for its larvae,
and lays its eggs (Davis 1970, p. 39).
Twigs, branches, and even entire plants
can be killed from an infestation
(Extension Entomology and UH-CTAHR
Integrated Pest Management Program
2006a, p. 2). On the Hawaiian Islands,
the black twig borer has many hosts,
disperses easily, and is probably present
at most elevations up to 2,500 ft (762 m)
(Howarth 1985, pp. 152-153). Damage
caused by the black twig borer has been
observed by field biologists on
Canavalia napaliensis, Charpentiera
densiflora, Melicope degeneri, M.
paniculata, and M. puberula (HBMP
2006).
The two-spotted leafhopper is a threat
as the effects of its predation have been
observed on four plant species included
in this proposed rule: Chamaesyce
remyi var. remyi (K. Wood, pers. comm.
2000), Cyanea kuhihewa (Wood 2004),
Platydesma rostrata (HBMP 2007), and
Psychotria hobdyi (HBMP 2006). This
nonnative insect damages the leaves it
feeds on, typically causing chlorosis
(yellowing due to disrupted chlorophyll
production) to browning and death of
foliage (Hawaii Department of
Agriculture 2006, p. 1). The damage to
plants can result in the death of affected
leaves or the whole plant, owing to the
combined action of its feeding and
oviposition behavior (Alyokhin et al.
2004, p. 13). In addition to the
mechanical damage caused by the
feeding process, the insect may
introduce plant pathogens that lead to
eventual plant death (Extension
Entomology and UH-CTAHR Integrated
Pest Management Program 2006b, p. 2).
The two-spotted leafhopper is a highly
polyphagous insect, and of its recorded
host plant species 68 percent are fruit,
vegetable and ornamental crops, and 22
percent are endemic plants, over half of
which are rare and endangered
(Alyokhin et al. 2004, p. 13). Its range
is limited to below 4,000 ft (1,219 m) in
elevation, unless there is a favorable
microclimate. There has been a dramatic
reduction in the two-spotted leafhopper
populations in the past few years,
possibly due to egg parasitism (M.
Fukada, pers. comm. 2007).
Nonnative predatory and parasitic
insects are considered significant factors
contributing to the reduction in range
and abundance of Drosophila attigua
(Science Panel 2005, p. 25). In addition
to the accidental establishment of
nonnative species, nonnative predators
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
and parasites have been purposefully
imported and released in Hawaii since
1865 for biological control of pests.
Between 1890 and 2004, 387 nonnative
species were introduced, sometimes
with the specific intent of reducing
populations of native Hawaiian insects
(Funasaki et al. 1988, pp. 109-110, 143;
Lai 1988, pp. 180, 186; Staples and
Cowie 2001, pp. 41, 54-57). Nonnative
arthropods pose a serious threat to
Hawaii’s native Drosophila, both
through direct predation or parasitism
as well as competition for food and
space (Howarth and Medeiros 1989, pp.
82-83; Howarth and Ramsay 1991, pp.
80-83; Kaneshiro and Kaneshiro 1995,
pp. 41-45; Staples and Cowie 2001, pp.
41, 54-57).
Due to their large colony sizes and
systematic foraging habits, species of
social Hymenoptera (ants and some
wasps) and parasitic wasps pose a
predation threat to the Hawaiian
picture-wing flies, including D. attigua
(Gambino et al. 1987, p. 170; Foote and
Carson 1995, p. 370; Kaneshiro and
Kaneshiro 1995, p. 12). Hawaiian
arthropods, including D. attigua,
evolved without the predation influence
of social wasps (Kaneshiro and
Kaneshiro 1995, pp. 41-45), and
therefore have no defenses against such
predation. In 1977, an aggressive race of
the western yellow-jacket wasp became
established in the State of Hawaii, and
is now abundant between 1,969 and
5,000 ft (600 and 1,524 m) in elevation
(Gambino et al. 1990, p. 1,087; Foote
and Carson 1995, p. 370) on all the main
islands (Tenorio and Nishida 1995, p.
174). Drosophila attigua is present
within the elevation range occupied by
the yellow-jacket wasps. Yellow-jacket
wasps are voracious predators in most
ecosystems in which they are found.
Compared with typical North American
populations, yellow-jackets in Hawaii
display a high incidence of colonies that
overwinter and persist into at least a
second year. The result is that numbers
of workers at such colonies are much
greater than at annual colonies
(Gambino et al. 1987, p. 169). Yellowjacket colonies in Hawaii can each
produce over a half-million foragers that
consume tens of millions of arthropods
(Gambino and Loope 1992, p. 19).
Picture-wing flies may be particularly
vulnerable to predation by wasps due to
their lekking (gathering in groups for
breeding) behavior, conspicuous
courtship displays that can last for
several minutes, and relatively large size
(K. Kaneshiro, University of Hawaii at
Manoa, pers. comm. 2006). Yellowjacket wasps are widespread within at
least a portion of the range
PO 00000
Frm 00025
Fmt 4701
Sfmt 4702
62615
encompassing the D. attigua population
sites in the montane mesic and montane
wet ecosystems on Kauai (Sci!ence
Panel 2005, p. 12).
The rarity or disappearance of
numerous picture-wing fly species,
including Drosophila attigua, from
historical observation sites over the past
25 years may be due to a variety of
factors. While there is no
documentation that conclusively ties
this decrease in observations to the
establishment of yellow-jacket wasps
within their habitats, the concurrent
arrival of wasps and decline of picturewing fly observations in some areas
suggest that the wasps may have played
a significant role in the decline of some
picture-wing fly populations, including
that of D. attigua (Foote and Carson
1995, p. 370; Kaneshiro and Kaneshiro
1995, p. 41-45; Science Panel 2005, p.
25).
Summary of Predation
We consider predation and parasitism
by nonnative animal species (pigs,
goats, deer, rats, cats, owls, and
invertebrates) to pose an immediate and
significant threat to 36 of the 48 species
in this proposed rule throughout their
ranges for the following reasons: (1)
Observations and reports have
documented pigs, goats, and deer
browsing and trampling of 26 of the
plant species, in addition to other
studies demonstrating the negative
impacts of ungulate browsing and
trampling on native plant species of the
islands (Spatz and Mueller-Dombois
1973, p. 874; Diong 1982, p. 160;
Cuddihy and Stone 1990, p. 67); (2)
nonnative invertebrates and rats cause
mechanical damage to plants and
destruction of plant parts (branches,
fruits, seeds) to 22 of the 45 plant
species in this proposed rule; (3)
nonnative invertebrates such as yellowjacket wasps prey upon, parasitize, and
kill Drosophila attigua; and (4) rats,
owls, and cats are likely predators on
roosting or incubating adults, nests, and
young of the akekee and akikiki (See
Table 2).
D. The Inadequacy of Existing
Regulatory Mechanisms
Currently, there are no Federal, State,
or local laws, treaties, or regulations that
specifically conserve or protect the 48
species from the threats described in
this proposed rule. The Migratory Bird
Treaty Act (MBTA) (16 U.S.C. 703-712)
is the domestic law that implements the
United States’ commitment to four
international conventions (with Canada,
Japan, Mexico, and Russia) for the
protection of shared migratory bird
resources. Each of the conventions
E:\FR\FM\21OCP2.SGM
21OCP2
62616
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
protects selected species of birds;
however, the MBTA does not provide
protection for any Hawaiian
honeycreepers (Drepanidianae),
including the two species being
addressed in this proposed rule (akikiki
and akekee) (71 FR 50205, August 24,
2006).
E. Other Natural or Manmade Factors
Affecting Their Continued Existence
Competition with Nonnative
Invertebrates
Competition by nonnative crane-flies
(family Tipulidae) is a threat to
Drosophila attigua in the montane
mesic and montane wet ecosystems on
Kauai. The Hawaiian Islands now
support several established species of
nonnative crane-flies, and the larvae of
some species feed within the
decomposing bark of Cheirodendron
spp. (Science Panel 2005, p. 18; K.
Magnacca, pers. comm. 2005; S.
Montgomery, pers. comm. 2005a). These
tipulid larvae feed within the same
portion of the decomposing host plant
area normally occupied by D. attigua
larvae during their development. The
effect of this competition is a reduction
in available host plant material for D.
attigua larvae (Science Panel 2005, p.
18). There have been no statistical
studies conducted on tipulid larvae
competition in Hawaii, but it is thought
the issue is severe based on many
observations of very high numbers of
tipulid flies present within the host
plants of several species of Hawaiian
Drosophila (S. Montgomery, pers.
comm. 2008). In laboratory studies,
Grimaldi and Jaenike (1984)
demonstrated that competition between
Drosophila larvae and other fly larvae
can exhaust food resources, which
affects both the probability of larval
survival and the body size of adults,
resulting in reduced adult fitness,
fecundity, and lifespan.
jlentini on PROD1PC65 with PROPOSALS2
Small Number of Populations and
Individuals
Species that are endemic to single
islands are inherently more vulnerable
to extinction than widespread species
because of the increased risk of genetic
bottlenecks, random demographic
fluctuations, climate change, and
localized catastrophes such as
hurricanes and disease outbreaks
(Mangel and Tier 1994, p. 607; Pimm et
al. 1998, p. 757). These problems are
further magnified when populations are
few and restricted to a very small
geographic area, and when the number
of individuals is very small. Populations
with these characteristics face an
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
increased likelihood of stochastic
extinction due to changes in
demography, the environment, genetics,
´
or other factors (Gilpin and Soule 1986,
pp. 24-34).
Small, isolated populations often
exhibit reduced levels of genetic
variability, which diminishes the
species’ capacity to adapt and respond
to environmental changes, thereby
lessening the probability of long-term
persistence (e.g., Barrett and Kohn 1991,
p. 4; Newman and Pilson 1997, p. 361).
The problems associated with small
population size and vulnerability to
random demographic fluctuations or
natural catastrophes are further
magnified by synergistic interactions
with other threats, such as those
discussed above (Factors A–C).
Very small plant populations may
experience reduced reproductive vigor
due to ineffective pollination or
inbreeding depression. This is
particularly true for dioecious species,
such as Melicope degeneri and Myrsine
mezii in this proposal, in which
staminate (male) and pistillate (female)
flowers occur on separate individuals.
Isolated individuals have difficulty
achieving natural pollen exchange,
which decreases the production of
viable seed. Populations are also
impacted by demographic stochasticity,
through which populations are skewed
toward either male or female
individuals by chance.
The following 25 plant species in this
proposal are threatened by the effects of
small population size (fewer than 50
individuals): Astelia waialealae,
Chamaesyce eleanoriae, Cyanea
dolichopoda, C. eleeleensis, C.
kolekoleensis, C. kuhihewa, Cyrtandra
paliku, Diellia mannii, Doryopteris
angelica, Dryopteris crinalis var.
podosorus, Dubautia kalalauensis, D.
kenwoodii, D. waialealae, Lysimachia
iniki, L. pendens, L. scopulensis, L.
venosa, Melicope degeneri, Myrsine
knudsenii, M. mezii, Phyllostegia
renovans, Psychotria grandiflora,
Schiedea attenuata, Tetraplasandra
bisattenuata, and T. flynnii. We
consider these species threatened by
small population size because:
• No viable seeds or reproduction
have been observed in Astelia
waialealae, Melicope degeneri, and
Psychotria grandiflora.
• Only five individuals of Myrsine
mezii are known, and this number has
not changed over 10 years (N. Tangalin,
in litt. 2007b).
• Cyrtandra paliku, Dubautia
kalalauensis, Lysimachia iniki,
Schiedea attenuata, and Tetraplasandra
flynnii are known only from a single
population with fewer than 50
PO 00000
Frm 00026
Fmt 4701
Sfmt 4702
individuals (Wagner et al. 1994, p. 187;
K. Wood, pers. comm. 1995; Marr and
Bohm 1997, pp. 270-271; S. Perlman,
pers. comm. 2003b; Baldwin and Carr
2005, p. 261; S. Perlman, in litt. 2006
and 2007).
• Diellia mannii and Dubautia
kenwoodii are each known from only
one individual in the wild (Carr 1998,
p. 8; HBMP 2007).
• At least four species, Cyanea
eleeleensis, C. kolekoleensis, C.
kuhihewa, and Lysimachia venosa, are
not known to persist in the wild. Of
these, Cyanea eleeleensis, C.
kolekoleensis, and Lysimachia venosa
are not in storage or propagation, but
individuals familiar with these species
believe they may possibly remain extant
and that much of their suitable habitat
(lowland wet and wet cliff) on Kauai
remains to be surveyed (Wood 2006, p.
11; S. Perlman, in litt. 2007; S. Perlman
and K. Wood, pers. comm. 2007).
• Cyanea kuhihewa is found only in
cultivation (D. Burney, NTBG, pers.
comm. 2006; N. Sugii, pers. comm.
2006a; V. Pence, pers. comm. 2007) and
is threatened by reduced reproductive
vigor as well as vulnerability to
extinction due to a single catastrophic
event at either of the facilities that are
propagating this species.
Summary of Other Natural or
Manmade Factors Affecting Their
Continued Existence
The threat to Drosophila attigua from
nonnative tipulid flies is immediate and
significant because the larvae of
nonnative tipulid flies feed on the same
host plants occupied by the larvae of
Drosophila attigua, and the effect of this
competition is a reduction in available
host plant material for D. attigua larvae.
This threat occurs throughout the range
of D. attigua. Laboratory studies have
shown that competition between
Drosophila larvae and other fly larvae
can exhaust food resources, which
affects both the probability of larval
survival and the body size of adults,
resulting in reduced adult fitness,
fecundity, and lifespan.
We consider the threat to at least 25
plant species in this proposal from
limited numbers of populations and few
(less than 50) individuals is significant
and immediate for the following
reasons: (1) These species may
experience reduced reproductive vigor
due to ineffective pollination or
inbreeding depression; (2) they may
experience reduced levels of genetic
variability leading to diminished
capacity to adapt and respond to
environmental changes, thereby
lessening the probability of long-term
persistence; and (3) a single catastrophic
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
event may result in extinction of the
species. This threat applies to the entire
range of each species.
Proposed Listing Determination
We have carefully assessed the best
scientific and commercial information
available regarding threats to each of the
48 Kauai species. We find that all of
these species face immediate and
significant threats throughout their
ranges from the present destruction and
modification of their habitats, primarily
from feral ungulates and nonnative
plants, and from the threatened
destruction and modification of their
habitats from hurricanes (compounded
because of their small population sizes
and limited distribution), landslides,
and flooding. In addition, we are
concerned about the effects of projected
climate change, particularly rising
temperatures and consequent increased
likelihood of malarial transmission, but
recognize there is limited information
on the exact nature of impacts from
climate change (Factor A). There is also
immediate and significant threat of
disease or predation, including avian
diseases such as malaria that impact the
akikiki and akekee; widespread impacts
of predation and herbivory on 36 of the
species by nonnative pigs, goats, deer,
rats, cats, owls, and invertebrates
(Factor C); the threat of extinction due
to factors associated with small numbers
of populations and individuals; and
competition from introduced tipulid
flies for Drosophila attigua (Factor E)
(see Table 2). In addition, the palm
Pritchardia hardyi is threatened by
overcollection (Factor B). These threats
are exacerbated by the species’ inherent
vulnerability to extinction from
stochastic events at any time because of
their endemism, small numbers of
individuals and populations, and
restricted habitats.
The Act defines an endangered
species as any species that is ‘‘in danger
of extinction throughout all or a
significant portion of its range’’ and a
threatened species as any species ‘‘that
is likely to become endangered
throughout all or a significant portion of
its range within the foreseeable future.’’
We find that each of these endemic
species is presently in danger of
extinction throughout its entire range,
based on the immediacy, severity, and
scope of the threats described above.
Therefore, on the basis of the best
available scientific and commercial
information, we propose listing the
following 48 species as endangered in
accordance with section 3(6) of the Act:
the plants Astelia waialealae, Canavalia
napaliensis, Chamaesyce eleanoriae,
Chamaesyce remyi var. kauaiensis,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Chamaesyce remyi var. remyi,
Charpentiera densiflora, Cyanea
dolichopoda, Cyanea eleeleensis,
Cyanea kolekoleensis, Cyanea
kuhihewa, Cyrtandra oenobarba,
Cyrtandra paliku, Diellia mannii,
Doryopteris angelica, Dryopteris crinalis
var. podosorus, Dubautia imbricata ssp.
imbricata, Dubautia kalalauensis,
Dubautia kenwoodii, Dubautia
plantaginea ssp. magnifolia, Dubautia
waialealae, Geranium kauaiense,
Keysseria erici, Keysseria helenae,
Labordia helleri, Labordia pumila,
Lysimachia daphnoides, Lysimachia
iniki, Lysimachia pendens, Lysimachia
scopulens, Lysimachia venosa, Melicope
degeneri, Melicope paniculata, Melicope
puberula, Myrsine knudsenii, Myrsine
mezii, Phyllostegia renovans,
Pittosporum napaliense, Platydesma
rostrata, Pritchardia hardyi, Psychotria
grandiflora, Psychotria hobdyi,
Schiedea attenuata, Stenogyne kealiae,
Tetraplasandra bisattenu!ata, and
Tetraplasandra flynii; the birds, akekee
(Loxops caeruleirostris) and akikiki
(Oreomystis bairdi); and the insect
Drosophila attigua.
Under the Act and our implementing
regulations, a species may warrant
listing if it is threatened or endangered
throughout all or a significant portion of
its range. Each of the 48 endemic Kauai
species proposed for listing in this rule
is highly restricted in its range, and the
threats occur throughout its range.
Therefore, we assessed the status of
each species throughout its entire range.
In each case, the threats to the survival
of these species occur throughout the
species’ range and are not restricted to
any particular portion of that range.
Accordingly, our assessment and
proposed determination applies to each
species throughout its entire range.
Critical Habitat
Critical habitat is defined in section 3
of the Act as:
(1) 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
(a) essential to the conservation of the
species and
(b) which may require special
management considerations or
protection; and
(2) specific areas outside the
geographical area occupied by a species
at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
Conservation, as defined under
section 3 of the Act, means the use of
all methods and procedures that are
PO 00000
Frm 00027
Fmt 4701
Sfmt 4702
62617
necessary to bring an endangered or
threatened species to the point at which
the measures provided under the Act
are no longer necessary.
Critical habitat receives protection
under section 7 of the Act through the
prohibition against Federal agencies
carrying out, funding, or authorizing the
destruction or adverse modification of
critical habitat. Section 7(a)(2) of the Act
requires consultation on Federal actions
that may affect critical habitat. The
designation of critical habitat does not
affect land ownership or establish a
refuge, wilderness, reserve, preserve, or
other conservation area. Such
designation does not allow the
government or public to access private
lands. Such designation does not
require implementation of restoration,
recovery, or enhancement measures by
the landowner. Where a landowner
seeks or requests Federal agency
funding or authorization that may affect
a listed species or critical habitat, the
consultation requirements of section
7(a)(2) would apply, but even in the
event of a destruction or adverse
modification finding, the landowner’s
obligation is not to restore or recover the
species, but to implement reasonable
and prudent alternatives to avoid
destruction or adverse modification of
critical habitat.
For inclusion in a critical habitat
designation, habitat within the
geographical area occupied by the
species at the time of listing must
contain the physical and biological
features (we also refer to these as
primary constituent elements, or PCEs)
that are essential to the conservation of
the species, and be included only if
those features may require special
management considerations or
protection. Critical habitat designations
identify, to the extent known using the
best scientific data available, habitat
areas containing the PCEs laid out in the
appropriate quantity and spatial
arrangement that is essential to the
conservation of the species. Un!der
theAct, we can designate critical habitat
in areas outside the geographical area
occupied by the species at the time it is
listed only when we determine that
those areas are essential for the
conservation of the species.
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific and commercial data
available. Further, our Policy on
Information Standards Under the
Endangered Species Act (published in
the Federal Register on July 1, 1994 (59
FR 34271)), the Information Quality Act
(section 515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub. L. 106-554; H.R.
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62618
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
5658)), and our associated Information
Quality Guidelines, provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.
When we are determining which areas
should be proposed as critical habitat,
our primary source of information is
generally the information developed
during the listing process for the
species. Additional information sources
include the recovery plan for the
species, if available; articles in peerreviewed journals; conservation plans
developed by States and counties;
scientific status surveys and studies;
biological assessments; or other
unpublished materials and expert
opinion or personal knowledge.
Habitat is often dynamic, and species
may move from one area to another over
time. Furthermore, we recognize that
critical habitat designated at a particular
point in time may not include all of the
habitat areas that we may later
determine to be necessary for the
recovery of the species, as additional
scientific information may become
available in the future. For these
reasons, a critical habitat designation
does not signal that habitat outside the
designated area is unimportant or may
not be required for recovery of the
species.
Areas that support populations, but
are outside the critical habitat
designation, will be subject to
conservation actions implemented by
the Service and other Federal agencies
under section 7(a)(1) of the Act. They
are also subject to the regulatory
protections afforded by the section
7(a)(2) jeopardy standard, as determined
on the basis of the best available
scientific information at the time of the
agency action. Federally funded or
permitted projects affecting listed
species outside their designated critical
habitat areas may require consultation
under section 7 of the Act and may still
result in jeopardy findings in some
cases. Similarly, critical habitat
designations made on the basis of the
best available information at the time of
designation will not control the
direction and substance of future
recovery plans, habitat conservation
plans (HCPs), or other species
conservation planning efforts if any new
information available to these planning
efforts calls for a different outcome.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Section 4(a)(3) of the Act, as
amended, and our implementing
regulations (50 CFR 424.12) require that,
to the maximum extent prudent and
determinable, the Secretary designate
critical habitat at the time a species is
determined to be endangered or
threatened. 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 designation of
critical habitat would not be beneficial
to the species.
In considering the designation of
critical habitat for each of the 48 Kauai
species, we have determined that there
is one species, the palm Pritchardia
hardyi, for which the designation of
critical habitat is not prudent. Rare palm
trees are highly desirable to collectors,
and there is an active market for the
seeds and seedlings of rare palms,
including those of P. hardyi, through
internet sales and online auctions
(GardenGuides.com 2007;
Rarepalmseeds.com 2007; South Coast
Palms 2007; Kapoho Palms 2007; J.D.
Anderson Nursery 2007; Jungle Music
Palms and Cycads 2007; Tropical
Gardens of Maui 2007). Seeds of P.
hardyi have been stolen from an
outplanting site in the past (R. Nishek,
pers. comm. 2007), and we have
evidence of vandalism and illegal
collection of other species of
endangered Pritchardia palms on Kauai
(Johnson 1996, pp. 16-17; A. Kyono,
pers. comm. 2000; R. Nishek, pers.
comm. 2007). The designation of critical
habitat for P. hardyi would require us to
identify the geographic areas where the
species occurs, thereby increasing the
species’ vulnerability to further
unauthorized and illegal collection.
Collecting and vandalism is identified
as a threat specific to P. hardyi in our
threats analysis. As the designation of
critical habitat for this species would
exacerbate this ongoing threat, we
determine that the designation of
critical habitat for P. hardyi is not
prudent in accordance with the Act and
its implementing regulations.
With the exception of Pritchardia
hardyi, we find that the designation of
critical habitat for each of the other 47
species addressed in this rule will
benefit them by serving to focus
conservation efforts on the restoration
and maintenance of ecosystem functions
that are essential for attaining their
recovery and long-term viability. In
addition, the designation of critical
habitat serves to inform management
PO 00000
Frm 00028
Fmt 4701
Sfmt 4702
and conservation decisions by
identifying any additional physical and
biological features of the ecosystem that
may be essential for the conservation of
certain species, such as the availability
of sufficient arthropod prey for the
akikiki and akekee, or hummocks in bog
systems for Astelia waialeale. We
therefore find that designation of critical
habitat is prudent for the following 47
Kauai species, as critical habitat would
be beneficial and there is no evidence
that the designation of critical habitat
would result in an increased threat from
taking or other human activity for these
species: (1) Plants—Astelia waialealae,
Canavalia napaliensis, Chamaesyce
eleanoriae, Chamaesyce remyi var.
kauaiensis, Chamaesyce remyi var.
remyi, Charpentiera densiflora, Cyanea
dolichopoda, Cyanea eleeleensis,
Cyanea kolekoleensis, Cyanea
kuhihewa, Cyrtandra oenobarba,
Cyrtandra paliku, Diellia mannii,
Doryopteris angelica, Dryopteris crinalis
var. podosorus, Dubautia imbricata ssp.
imbricata, Dubautia kalalauensis,
Dubautia kenwoodii, Dubautia
plantaginea ssp. magnifolia, Dubautia
waialealae, Geranium kauaiense,
Keysseria erici, Keysseria helenae,
Labordia helleri, Labordia pumila,
Lysimachia daphnoides, Lysimachia
iniki, Lysimachia pendens, Lysimachia
scopulensis, Lysimachia venosa,
Melicope degeneri, Melicope
pani!culata, Melicope puberula,
Myrsine knudsenii, Myrsine mezii,
Phyllostegia renovans, Pittosporum
napaliense, Platydesma rostrata,
Psychotria grandiflora, Psychotria
hobdyi, Schiedea attenuata, Stenogyne
kealiae, Tetraplasandra bisattenuata,
and Tetraplasandra flynii; (2)
Animals—akekee, akikiki, and
Drosophila attigua.
Methods
As required by section 4(b) of the Act,
we used the best scientific data
available in determining those areas that
contain the physical and biological
features essential to the conservation of
the 47 species proposed for listing in
this rule, and for which designation of
critical habitat is considered prudent, by
identifying the occurrence data for each
species and determining the ecosystems
upon which they depend. This
information was developed by using:
• The known locations of the 47
species, including site-specific species
information from the Hawaii
Biodiversity and Mapping Program
(HBMP) database (HBMP 2007) and our
own rare plant database;
• Species information from the plant
database housed at NTBG;
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
• The Nature Conservancy’s
Ecoregional Assessment of the Hawaiian
High Islands (2006), and ecosystem
maps (2007);
• Color mosaic 1:19,000 scale digital
aerial photographs for the Hawaiian
Islands (April to May 2005);
• Island-wide Geographic Information
System (GIS) coverage, e.g., Gap
Analysis Program (GAP) vegetation data
2005;
• 1:24,000 scale digital raster graphics
of U.S. Geological Survey (USGS)
topographic quadrangles;
• Geospatial data sets associated with
parcel data from Kauai County (2005);
• Designated critical habitat for listed
species on the island of Kauai (68 FR
9116, February 27, 2003);
• Recent biological surveys and
reports; and
• Discussions with qualified
individuals familiar with these species
and ecosystems (HBMP 2007; TNCH
2007; NTBG in litt. 2007).
Based upon all of this data, we
determined that the 47 species
addressed in this proposed rule are all
found in or dependent upon one or
more of the six ecosystems described in
this rule: lowland mesic (TNC 2006b),
lowland wet (TNC 2006c), montane
mesic (TNC 2006e), montane wet (TNC
2006f), dry cliff (TNC 2006a), and wet
cliff (TNC 2006d).
jlentini on PROD1PC65 with PROPOSALS2
Primary Constituent Elements
In accordance with section 3(5)(A)(i)
and 4(b)(1)(A) of the Act and the
regulations at 50 CFR 424.12, in
determining which areas to propose as
critical habitat, we consider the physical
and biological features that are essential
to the conservation of the species to be
the primary constituent elements laid
out in the appropriate quantity and
spatial arrangement for conservation of
the species. These physical and
biological features provide the essential
life history requirements of the species
which may include, but are not limited
to, the following:
(1) Space for individual and
population growth, and for normal
behavior;
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(2) Food, water, air, light, minerals, or
other nutritional or physiological
requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction,
rearing (or development) of offspring,
germination, or seed dispersal; and
generally;
(5) Habitats that are protected from
disturbance or are representative of the
historical geographical and ecological
distributions of a species.
As required by 50 CFR 424.12(b), we
are to list the known primary
constituent elements (PCEs) with our
description of critical habitat. The
primary constituent elements provided
by the physical and biological features
upon which the designation is based
may include, but are not limited to, the
following: Roost sites, nesting grounds,
spawning sites, feeding sites, seasonal
wetland or dryland, water quality or
quantity, host species or plant
pollinator, geological formation,
vegetation type, tide, and specific soil
types.
In this proposal, we derived the PCEs
for each of the 47 species primarily
based on those physical and biological
features that support the successful
functioning of the ecosystem upon
which that species depends. As each
species is dependent upon a functioning
ecosystem to provide its fundamental
life requirements, such as a certain soil
type, minimum level of rainfall, or
conditions conducive to supporting the
presence of a certain species of plant for
foraging or larval development, we
considered the physical and biological
features of the ecosystems described in
this rule to be PCEs for each species.
The PCEs collectively provide the suite
of environmental conditions within
each ecosystem essential to meeting the
requirements of each species, including
the appropriate microclimatic
conditions for germination and growth
of the plants (e.g., light availability, soil
nutrients, hydrologic regime,
temperature); habitat for shelter,
foraging, nesting, and raising young in
the case of the akikiki and akekee; larval
PO 00000
Frm 00029
Fmt 4701
Sfmt 4702
62619
host plants in the case of the picturewing fly; and in all cases, space within
the appropriate habitats for population
growth and expansion, as well as to
maintain the historical geographical and
ecological distribution of each species.
In many cases, due to our limited
knowledge of the specific life-history
requirements for these species that are
little-studied and occur in remote and/
or inaccessible areas, the more general
description of the physical and
biological features that provide for the
successful function of the ecosystem
that is essential to the conservation of
the species represents the best, and in
many cases, the only, scientific
information available. Table 3 identifies
the PCEs of a functioning ecosystem for
each of the ecosystem types identified
in this proposed rule; these are termed
‘‘ecosystem-level PCEs,’’ and each
species identified in this rule requires
the ecosystem-level PCEs for each
ecosystem in which that species occurs,
as noted in Table 4. The ec!osystemlevel PCEs are defined here by
elevation, annual levels of precipitation,
substrate type and slope, and the
characteristic native plant genera that
are found in the canopy, subcanopy,
and understory levels of the vegetative
community, where applicable. If further
information is available indicating
additional, specific life-history
requirements for some species, PCEs
relating to these requirements are
described separately and are termed
‘‘species-specific PCEs,’’ which are also
identified in Table 4. The PCEs for each
species are therefore composed of the
PCEs for the functioning of its
associated ecosystem(s) in combination
with additional species-specific
requirements, if any, as shown in Table
4. Note that the ecosystem-level PCEs
identified in Table 4 for each species are
presented in detail in Table 3, thus both
Table 3 and Table 4 must be read
together to fully describe all of the PCEs
for each species.
E:\FR\FM\21OCP2.SGM
21OCP2
62620
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 3.—ECOSYSTEM-LEVEL PRIMARY CONSTITUENT ELEMENTS (PCES) FOR EACH SPECIES (READ IN
ASSOCIATION WITH TABLE 4)
Primary Constituent Elements
Ecosystem
Elevation
One or More of these Associated Native Plants (by Genus)
Annual Precipitation
Substrate
Canopy
Subcanopy
Understory
Lowland Mesic1
< 3,000 ft
(<1,000 m)
50-75 in
(127-190 cm)
shallow soils, little to no herbaceous layer
Acacia, Diospyros,
Metrosideros,
Myrsine,
Pouteria,
Santalum
Dodonaea,
Freycinetia,
Leptecophylla,
Melanthera,
Osteomeles,
Pleomele
Psydrax
Carex,
Dicranopteris,
Diplazium,
Elaphoglossum,
Peperomia
Lowland Wet2
< 3,000 ft
(<1,000 m)
> 75 in
(> 190 cm)
clays, ashbeds,
deep welldrained soils,
lowland bogs
Antidesma,
Metrosideros,
Myrsine, Pisonia,
Psychotria
Cibotium,
Claoxylon,
Hedyotis,
Melicope
Alyxia, Cyrtandra,
Dicranopteris,
Diplazium,
Microlepia,
Machaerina,
Montane Mesic3
3, 000 to 6,600
ft
(1,000 to 2,000
m)
50-75 in
(127-190cm)
weathered aa
lava flows,
rocky mucks,
thin silty
loams, deep
volcanic ash
soils
Acacia,
Metrosideros,
Psychotria,
Tetraplasandra,
Zanthoxylum
Cheirodendron,
Coprosma,
Hedyotis, Ilex,
Myoporum,
Myrsine
Bidens, Dryopteris,
Leptecophylla,
Poa, Scaevola,
Sophora
Montane Wet4
3, 000 to 6,600
ft
(1,000 to 2,000
m)
> 75 in
(> 190 cm)
well-developed
soils, montane
bogs
Acacia,
Charpentiera,
Cheirodendron,
Metrosideros
Broussaisia,
Cibotium, Eurya,
Ilex, Myrsine
Ferns, Carex,
Coprosma,
Leptecophylla,
Oreobolus,
Rhynchospora,
Vaccinium
Dry Cliff5
unrestricted
< 75 in
(< 190 cm)
> 65 degree
slope, rocky
talus
none
Antidesma,
Chamaesyce,
Diospyros,
Dodonaea,
Bidens, Eragrostis,
Melanthera,
Schiedea
Wet Cliff6
unrestricted
> 75 in
(> 190 cm)
> 65 degree
slope, shallow
soils, weathered lava
none
Broussaisia,
Cheirodendron,
Leptecophylla,
Metrosideros
Ferns, Bryophytes,
Coprosma,
Dubautia,
Hedyotis,
Peperomia
1 The
PCEs for species in the lowland mesic ecosystem apply to the following critical habitat units: Kauai – Lowland Mesic Units 1, 2, 3, 4, and
2 The
PCEs for species in the lowland wet ecosystem apply to the following critical habitat units: Kauai – Lowland Wet Units 1, 2, 3, 4, 5, and
2 The
PCEs for species in the lowland wet ecosystem apply to the following critical habitat units: Kauai – Lowland Wet Units 1, 2, 3, 4, 5, and
5.
6.
6.
3 The
PCEs
PCEs
PCEs
5 The PCEs
6 The PCEs
3 The
4 The
for
for
for
for
for
species
species
species
species
species
in
in
in
in
in
the
the
the
the
the
montane mesic ecosystem apply to the following critical habitat units: Kauai – Montane Mesic Units 1, 2, and 3.
montane mesic ecosystem apply to the following critical habitat units: Kauai – Montane Mesic Units 1, 2, and 3.
montane wet ecosystem apply to the following critical habitat units: Kauai – Montane Wet Units 1, 2, and 3.
dry cliff ecosystem apply to the following critical habitat units: Kauai – Dry Cliff Units 1 and 2.
wet cliff ecosystem apply to the following critical habitat units: Kauai – Wet Cliff Units 1, 2, and 3.
TABLE 4.— PRIMARY CONSTITUENT ELEMENTS FOR THE KAUAI SPECIES ARE A COMBINATION OF THE
ECOSYSTEM-LEVEL PCES (SEE TABLE 3) FOR THE APPLICABLE ECOSYSTEM(S) AS WELL AS SPECIES-SPECIFIC PCES, IF ANY ARE IDENTIFIED
Ecosystem-level PCEs
jlentini on PROD1PC65 with PROPOSALS2
Species
Lowland
Mesic
Lowland
Wet
Montane
Mesic
Species-specific PCEs
Montane
Wet
Dry Cliff
Wet Cliff
Plants
Astelia waialealae
X
Canavalia napaliensis
X
Chamaesyce eleanoriae
X
Hummocks in bogs
VerDate Aug<31>2005
16:54 Oct 20, 2008
X
Jkt 217001
PO 00000
Frm 00030
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62621
TABLE 4.— PRIMARY CONSTITUENT ELEMENTS FOR THE KAUAI SPECIES ARE A COMBINATION OF THE
ECOSYSTEM-LEVEL PCES (SEE TABLE 3) FOR THE APPLICABLE ECOSYSTEM(S) AS WELL AS SPECIES-SPECIFIC PCES, IF ANY ARE IDENTIFIED—Continued
Ecosystem-level PCEs
Species
Lowland
Mesic
Chamaesyce remyi var.
kauaiensis
Lowland
Wet
Montane
Mesic
Species-specific PCEs
Montane
Wet
Dry Cliff
X
Chamaesyce remyi var.
remyi
X
X
Charpentiera densiflora
X
Wet Cliff
X
X
X
X
X
Cyanea dolichopoda
X
Cyanea eleeleensis
X
Cyanea kolekoleensis
X
Cyanea kuhihewa
X
Cyrtandra oenobarba
X
X
Cyrtandra paliku
X
Diellia mannii
X
Doryopteris angelica
X
Dryopteris crinalis var.
podosorus
X
Dubautia imbricata ssp.
imbricata
X
Dubautia kalalauensis
Dubautia kenwoodii
X
X
Dubautia plantaginea ssp.
magnifolia
X
Dubautia waialealae
X
bogs
Geranium kauaiense
X
bogs
Keysseria erici
X
bogs
Keysseria helenae
X
bogs
Labordia helleri
X
X
X
X
Labordia pumila
X
bogs
Lysimachia daphnoides
X
bogs
Lysimachia iniki
X
Lysimachia pendens
X
Lysimachia scopulensis
X
Lysimachia venosa
X
jlentini on PROD1PC65 with PROPOSALS2
Melicope degeneri
X
Melicope paniculata
X
Melicope puberula
X
X
Myrsine knudsenii
X
Myrsine mezii
X
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00031
X
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62622
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 4.— PRIMARY CONSTITUENT ELEMENTS FOR THE KAUAI SPECIES ARE A COMBINATION OF THE
ECOSYSTEM-LEVEL PCES (SEE TABLE 3) FOR THE APPLICABLE ECOSYSTEM(S) AS WELL AS SPECIES-SPECIFIC PCES, IF ANY ARE IDENTIFIED—Continued
Ecosystem-level PCEs
Species
Lowland
Mesic
Phyllostegia renovans
Lowland
Wet
Montane
Mesic
X
Pittosporum napaliense
X
Dry Cliff
Wet Cliff
X
X
Platydesma rostrata
Species-specific PCEs
Montane
Wet
X
X
X
Psychotria grandiflora
Psychotria hobdyi
X
X
X
Schiedea attenuata
X
Stenogyne kealiae
Tetraplasandra
bisattenuata
X
X
X
X
X
X
Tetraplasandra flynnii
X
X
X
X
arthropod prey
X
arthropod prey
X
larval host plants
Cheirodendron sp.
Animals
Akekee
Akikiki
jlentini on PROD1PC65 with PROPOSALS2
Drosophila attigua
X
Some of the species addressed in this
proposed rule occur in more than one
ecosystem. The PCEs for these species
are described separately for each
ecosystem in which they occur. The
reasoning behind this approach is that
each species requires a different suite of
environmental conditions depending
upon the ecosystem in which it occurs.
For example, an individual plant of the
species Stenogyne kealiae will require a
different level of annual precipitation,
will occur on different soils and slopes,
and will grow in association with
different native plant species when it is
growing in the dry cliff ecosystem as
opposed to the lowland wet and
montane mesic ecosystems in which it
also is found. All of the primary
constituent elements as described for
each ecosystem in which the species
occurs are essential to the conservation
of the species to retain its geographical
and ecological distribution across the
different ecosystem types in which it
may occur, and to retain the genetic
representation that allows this species
to successfully adapt to different
environmental conditions in various
native ecosystems. It should be noted
that, although these species are flexible
enough to occur in multiple native
ecosystems, the declining abundance of
these species in the face of ongoing
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
threats, such as increasing numbers of
nonnative plant competitors, indicates
that these species are not such broad
habitat generalists as to be able to
persist in highly altered habitats. To the
best of our knowledge, functioning
native ecosystems provide the
fundamental biological requirements for
all of these species.
Some examples may help to clarify
our approach to describing the PCEs for
each individual species. If we want to
determine the PCEs for the plant Cyanea
dolichopoda, we look at Table 4 and see
that the PCEs for C. dolichopoda are
provided by the ecosystem-level PCEs
for the wet cliff ecosystem. Referring
back to Table 3 tells us that the PCEs for
the wet cliff ecosystem include no
restrictions on elevation; annual
precipitation greater than 75 inches;
shallow soils or weathered lava at
greater than 65 degrees slope; no canopy
vegetation; a subcanopy that includes
native plants in the genera Broussaisia,
Cheirodendron, Leptecophylla, and
Metrosideros; and an understory of
native plants including ferns,
bryophytes, and representatives of the
genera Coprosma, Dubautia, Hedyotis,
and Peperomia. As there are no speciesspecific PCEs identified for C.
dolichopoda, and this plant is found
only in the wet cliff ecosystem, the
PO 00000
Frm 00032
Fmt 4701
Sfmt 4702
ecosystem-level PCEs for the wet cliff
ecosystem describe the PCEs for C.
dolichopoda in their entirety. As
another example, Table 4 tells us that
the PCEs for the picture-wing fly
Drosophila attigua include the
ecosystem-level PCEs for the montane
mesic and montane wet ecosystems, and
also that this species has an additional
species-specific PCE, the presence of
larval host plants in the genus
Cheirodendron. The PCEs for D. attigua
are thus composed of the PCEs for each
of the two ecosystems it occupies, as
described in Table 3 for the montane
mesic and montane wet ecosystems, as
well as the larval host plant
Cheirodendron. Table 4 is read in a
similar fashion in conjunction with
Table 3 to describe the PCEs for each of
the 47 species for which we are
proposing to designate critical habitat in
this proposed rule.
Criteria Used to Identify Critical
Habitat Boundaries
We considered several factors in the
selection and proposal of specific
boundaries for critical habitat for these
47 species. We propose to designate
critical habitat on lands that contain the
physical and biological features
essential to conserving multiple species,
based on their shared dependence on
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
the functioning ecosystems they have in
common. Because each of the six
ecosystems addressed in this rule does
not form a single contiguous area, the
ecosystems are divided into geographic
subunits that we refer to as ‘‘sections.’’
The 6 ecosystem areas are divided into
a total of 22 separate geographic
sections. Although we do not usually
refer to areas of critical habitat as
sections, compliance with Federal
Register publication requirements
necessitated the subdivision of the
ecosystem areas presented here into
smaller subunits to correspond with
existing critical habitat units currently
published in the Code of Federal
Regulations (CFR), since much of the
proposed critical habitat for the plant
species overlies critical habitat already
designated for other plants on the island
of Kauai. We thus refer to ecosystem
‘‘sections’’ here in order to retain the
focus on the contiguous ecosystem areas
of interest in this proposed rule, while
recognizing that from a legal standpoint,
multiple critical habitat units may
comprise these sections. Further details
are provided under the section titled
‘‘Proposed Critical Habitat Designation,’’
below.
The proposed critical habitat is a
combination of areas currently occupied
by the species in that ecosystem, as well
as areas that may be currently
unoccupied. Due to the extremely
remote and inaccessible nature of the
area, surveys are relatively infrequent
and may be limited in scope; therefore
it is difficult to say with certainty
whether individual representatives of a
rare species may or may not be present.
The occupied areas provide the physical
and biological features essential to the
conservation of the species that occur
there by providing for the successful
functioning of the ecosystem on which
the species depend. However, due to the
small population sizes, few numbers of
individuals, and reduced geographic
range of each of the 47 species for which
critical habitat is proposed here, we
have determined that a designation
limited to the known present range of
each species would be inadequate to
achieve the conservation of those
species. The areas believed to be
unoccupied have been determined to be
essential for the conservation and
recovery of the species because they
provide the physical and biological
features necessary for the expansion of
existing wild populations and
reestablishment of wild populations
within the historical range of the
species. For four of the plant species,
Cyanea eleeleensis, Cyanea
kolekoleensis, Cyanea kuhihewa, and
Lysimachia venosa, we are proposing to
designate unoccupied areas only, since
these species are not believed to be
extant in the wild and thus unoccupied
areas are essential for their recovery.
Critical habitat boundaries were
delineated to clearly depict and promote
the recovery and conservation of these
species by protecting the functioning
ecosystems on which they depend.
In some cases, we have identified
areas of critical habitat for species in
multiple ecosystems. With the
exception of the four species described
above that are no longer known to be
extant in the wild, all of the critical
habitat units in these ecosystems
contain some areas that are occupied by
the species and some areas that are
currently unoccupied, but have been
determined to be essential for the
conservation of the species. Because of
the small numbers of individuals or low
population sizes of each of the 47
species, each requires suitable habitat
and space for the expansion of existing
populations to achieve a level that could
approach recovery. For example,
although Platydesma rostrata is found
in multiple critical habitat units across
62623
five ecosystem types, only a total of
approximately 100 individuals comprise
this entire distribution. The unoccupied
areas of each unit are essential for the
expansion of this species to achieve
viable population numbers and
maintain its historical geographical and
ecological distribution.
The current and historical species
location information was used to
develop initial critical habitat
boundaries (polygons) in each of the 6
ecosystems that would individually and
collectively provide for the conservation
of the 47 species addressed in this
proposed rule. The initial polygons
were superimposed over digital
topographic maps of the island of Kauai
and further evaluated. We also
considered the correlation of these areas
with areas already designated as critical
habitat for other listed species. Land
areas that were identified as highly
degraded were removed from the
proposed critical habitat units, and
natural or manmade features (e.g., ridge
lines, valleys, streams, coastlines, roads,
obvious land features, etc.) were used to
delineate the proposed critical habitat
boundaries.
The critical habitat areas described
below constitute our best assessment of
the physical and biological features
essential for the recovery and
conserva!tion ofthe 47 species and
habitat that is essential to the
conservation of the species for
population expansion. The approximate
size of each of the 22 critical habitat
ecosystem sections and the status of
their land ownership is identified in
Table 5. The species that currently
occupy each of the 22 sections are
identified in Table 6; this table also
identifies the sections that have been
designated for the four species that are
presumably no longer extant in the
wild, and are therefore currently
unoccupied by those species.
TABLE 5.—CRITICAL HABITAT PROPOSED FOR 47 KAUAI SPECIES (TOTALS MAY NOT SUM DUE TO ROUNDING)
Land ownership (acres)
Proposed critical habitat
area
Corresponding critical habitat units and maps in the
Code of Federal Regulations (CFR)
Size of section in
acres
Size of section in
hectares
—Section 1
2,007
812
2,007
0
Plants: 50 CFR 17.99, Unit
11, Map 66a
—Section 2
379
154
379
0
Plants: 50 CFR 17.99, Unit
11, Map 66a
—Section 3
124
50
124
0
Plants: 50 CFR 17.99, Unit
11, Map 66a
State
Private
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Lowland Mesic
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00033
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62624
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 5.—CRITICAL HABITAT PROPOSED FOR 47 KAUAI SPECIES (TOTALS MAY NOT SUM DUE TO ROUNDING)—Continued
Land ownership (acres)
Proposed critical habitat
area
Corresponding critical habitat units and maps in the
Code of Federal Regulations (CFR)
Size of section in
acres
Size of section in
hectares
—Section 4
81
33
81
0
Plants: 50 CFR 17.99, Unit
11, Map 66a
—Section 5
37
15
0
37
Plants: 50 CFR 17.99, Unit
7, Map 23a
TOTAL Lowland Mesic
2,628
1,064
2,590
37
—Section 1
1,164
471
117
1,047
Plants: 50 CFR 17.99, Unit
11, Map 70a; Unit 21,
Map 217d.
—Section 2
172
70
172
0
Plants: 50 CFR 17.99, Unit
11, Map 70a
—Section 3
756
306
0
756
Plants: 50 CFR 17.99, Unit
11, Map 70a
—Section 4
591
239
10
581
Plants: 50 CFR 17.99, Unit
11, Map 70a
—Section 5
1,541
624
442
1,099
Plants: 50 CFR 17.99, Unit
10, Map 36a
—Section 6
789
319
134
655
Plants: 50 CFR 17.99, Unit
10, Map 36a
TOTAL Lowland Wet
5,013
2,029
875
4,138
—Section 1
2,462
996
2,462
0
Plants: 50 CFR 17.99, Unit
11, Map 76c. Akekee: 50
17.95(b), Unit 1 –
Montane Mesic. Picturewing fly: 50 CFR 17.95(i),
Unit 1 – Montane Mesic.
—Section 2
376
152
376
0
Plants: 50 CFR 17.99, Unit
11, Map 70c; Unit 22,
map 217e. Akekee: 50
CFR 17.95(b), Unit 2 –
Montane Mesic. Picturewing fly: 50 CFR 17.95(i),
Unit 2 – Montane Mesic.
—Section 3
138
56
138
0
Plants: 50 CFR 17.99, Unit
23, Map 217f. Akekee:
50 CFR 17.95(b), Unit 3
– Montane Mesic. Picture-wing fly: 50 CFR
17.95(i), Unit 3 –
Montane Mesic.
TOTAL Montane Mesic
2,976
1,204
2,976
0
State
Private
Kauai—Lowland Wet
Kauai—Montane Mesic
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Montane Wet
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00034
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62625
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 5.—CRITICAL HABITAT PROPOSED FOR 47 KAUAI SPECIES (TOTALS MAY NOT SUM DUE TO ROUNDING)—Continued
Land ownership (acres)
Proposed critical habitat
area
Corresponding critical habitat units and maps in the
Code of Federal Regulations (CFR)
Size of section in
acres
Size of section in
hectares
—Section 1
14,107
5,709
12,629
1,478
Plants: 50 CFR 17.99, Unit
10, Map 35a; Unit 11,
Map 74a; Unit 18, Map
217a; Unit 24, Map 217g;
Unit 25, Map 217h.
Akekee and akikiki: 50
CFR 17.95(b), Unit 1 –
Montane Wet. Picturewing fly: 50 CFR 17.95(i),
Unit 1 – Montane Wet.
—Section 2
790
320
790
0
Plants: 50 CFR 17.99, Unit
11, Map 64a. Akekee
and akikiki: 50 CFR
17.95(b), Unit 2 –
Montane Wet. Picturewing fly: 50 CFR 17.95(i),
Unit 2 – Montane Wet.
—Section 3
413
167
156
257
Plants: 50 CFR 17.99, Unit
11, Map 64a. Akekee
and akikiki: 50 CFR
17.95(b), Unit 3 –
Montane Wet. Picturewing fly: 50 CFR 17.95(i),
Unit 3 – Montane Wet.
TOTAL Montane Wet
15,310
6,196
13,575
1,735
—Section 1
404
163
404
0
Plants: 50 CFR 17.99, Unit
11, Map 67a.
—Section 2
308
125
308
0
Plants: 50 CFR 17.99, Unit
11, map 67a.
TOTAL Dry Cliff
712
288
712
0
—Section 1
190
77
190
0
Plants: 50 CFR 17.99, Unit
11, Map 70b.
—Section 2
784
317
778
7
Plants: 50 CFR 17.99, Unit
10, Map 36b; Unit 19,
Map 217b.
—Section 3
61
24
8
53
Plants: 50 CFR 17.99, Unit
4, Map 5a; Unit 20, map
217c.
TOTAL Wet Cliff
1,035
418
976
60
TOTAL ALL SECTIONS
27,674
11,199
21,706
5,970
State
Private
Kauai—Dry Cliff
Kauai—Wet Cliff
jlentini on PROD1PC65 with PROPOSALS2
TABLE 6.—SPECIES FOR WHICH CRITICAL HABITAT IS DESIGNATED IN EACH ECOSYSTEM
Species
Critical Habitat Units
Lowland Mesic
Lowland Wet
Montane Mesic
Montane Wet
Dry Cliff
Plants
Astelia waialealae
VerDate Aug<31>2005
16:54 Oct 20, 2008
X
Jkt 217001
PO 00000
Frm 00035
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Wet Cliff
62626
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 6.—SPECIES FOR WHICH CRITICAL HABITAT IS DESIGNATED IN EACH ECOSYSTEM—Continued
Species
Critical Habitat Units
Lowland Mesic
Canavalia
napaliensis
Montane Mesic
Montane Wet
X
Dry Cliff
X
Chamaesyce
remyi var.
kauaiensis
X
Chamaesyce
remyi var. remyi
X
X
X
X
Charpentiera
densiflora
X
X
X
X
Cyanea
dolichopoda
X
Cyanea
eleeleensis*
X
Cyanea
kolekoleensis*
X
Cyanea
kuhihewa*
X
Cyrtandra
oenobarba
X
X
Cyrtandra paliku
X
Diellia mannii
X
Doryopteris angelica
X
Dryopteris crinalis
var. podosorus
X
Dubautia
imbricata ssp.
imbricata
X
Dubautia
kalalauensis
Dubautia
kenwoodii
X
X
Dubautia
plantaginea
ssp. magnifolia
X
Dubautia
waialealae
X
Geranium
kuauaiense
X
Keysseria erici
jlentini on PROD1PC65 with PROPOSALS2
Wet Cliff
X
Chamaesyce
eleanoriae
Lowland Wet
X
Keysseria helenae
X
Labordia helleri
X
X
X
X
Labordia pumila
VerDate Aug<31>2005
16:54 Oct 20, 2008
X
Jkt 217001
PO 00000
Frm 00036
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62627
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
TABLE 6.—SPECIES FOR WHICH CRITICAL HABITAT IS DESIGNATED IN EACH ECOSYSTEM—Continued
Species
Critical Habitat Units
Lowland Mesic
Lowland Wet
Montane Mesic
Lysimachia
daphnoides
Montane Wet
Dry Cliff
Wet Cliff
X
Lysimachia iniki
X
Lysimachia
pendens
X
Lysimachia
scopulensis
X
Lysimachia
venosa*
X
Melicope degeneri
X
Melicope
paniculata
X
Melicope puberula
X
X
Melicope
knudsenii
X
Myrsine mezii
X
Phyllostegia
renovans
X
X
Pittosporum
napaliense
X
Platydesma
rostrata
X
X
X
X
X
Psychotria
grandiflora
Psychotria hobdyi
X
X
X
X
Schiedea
attenuata
X
Stenogyne kealiae
Tetraplasandra
bisattenuata
X
X
X
X
X
Tetraplasandra
flynnii
X
X
X
X
Animals
Akikiki
(Oreomystis
bairdi)
jlentini on PROD1PC65 with PROPOSALS2
Akekee (Loxops
caeruleirostris)
X
Picture-wing fly
(Drosophila
attigua)
X
X
* Species with an asterisk are those that, to the best of our knowledge, no longer occur naturally in the wild, therefore there is no known occupied critical habitat for these species. The critical habitat units for these species have been determined to be essential to the conservation of the
species because the area provides for the reestablishment of populations within the species’ historical range.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00037
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62628
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
When determining proposed critical
habitat boundaries within this proposed
rule, we made every effort to avoid
including developed areas such as
buildings, paved areas, and other
structures that lack the physical and
biological features essential for the
conservation of the 47 species. The scale
of the maps we prepared under the
parameters for publication within the
Code of Federal Regulations may not
reflect the exclusion of such developed
areas. Any such structures and the land
under them inadvertently left inside
critical habitat boundaries shown on the
maps of this proposed rule have been
excluded by text in the proposed rule
and are not proposed for designation as
critical habitat. Therefore, Federal
actions involving these areas would not
trigger section 7 consultation with
respect to critical habitat unless the
specific action would affect the adjacent
critical habitat or its primary constituent
elements.
Special Management Considerations or
Protections
The term critical habitat is defined in
section 3(5)(A) of the Act, in part, as
geographic areas on which are found
those physical or biological features
essential to the conservation of the
species and ‘‘which may require special
management considerations or
protection.’’ Accordingly, in identifying
critical habitat in occupied areas, we
determine whether those areas that
contain the features essential to the
conservation of the species may require
any special management actions.
Although the determination that special
management may be required is not a
prerequisite to designating critical
habitat in unoccupied areas, special
management is needed throughout all of
the proposed critical habitat units; the
following discussion of special
management needs is therefore
applicable to each of the 47 Kauai
species for which we are proposing to
designate critical habitat in this
proposed rule.
The 47 Kauai species for which we
are proposing to designate critical
habitat in this proposed rule include 43
species that are currently found in the
wild, and four species that are not
currently extant in the wild. For each of
the 43 Kauai species currently found in
the wild and for which we are
proposing critical habitat, we have
determined that the features essential to
their conservation are primarily
dependent on the successful functioning
of the ecosystem(s) in which they occur
(Tables 3 and 4). As described earlier, in
some cases, additional species-specific
primary constituent elements were also
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
identified (Table 4). Special
management considerations or
protections are necessary throughout the
critical habitat areas proposed here to
avoid further degradation or destruction
of the habitat that provides those
features essential to their conservation.
The primary threats to the physical and
biological features essential to the
conservation of all of these species
include habitat destruction and
modification by feral ungulates,
competition with nonnative species,
hurricanes, landslides, flooding, and
climate change. The reduction of these
threats will require the implementation
of special management actions within
each of the critical habitat areas
identified in this proposed rule.
All proposed critical habitat requires
active management to address the
ongoing degradation and loss of native
habitat caused by feral ungulates (pigs,
goats, black-tailed deer). Feral ungulates
also impact the habitat through
predation and trampling. Without this
special management, habitat containing
the features that are essential for the
conservation of these species will
continue to be degraded and destroyed.
All proposed critical habitat requires
active management to address the
ongoing degradation and loss of native
habitat caused by nonnative plants.
Special management is also required to
prevent the introduction of new alien
plant species into native habitats.
Particular attention is required in
nonnative plant control efforts to avoid
creating additional disturbances that
may facilitate the further introduction
and establishment of invasive plant
seeds. Precautions are also required to
avoid the inadvertent trampling of listed
plant species in the course of
management activities. The active
control of nonnative plant species will
help to address the threat posed by fire
to three of the critical habitat areas in
particular (Kauai—Lowland Mesic—
Section 1, Kauai—Montane Mesic—
Section 2, and Kauai—Dry Cliff—
Section 1; see Table 5 for corresponding
CFR unit numbers). This threat is
largely a result of the presence of
nonnative species, such as the grasses
Andropogon sp. and Setaria sp., that
increase the fuel load and quickly
regenerate after a fire. These species can
outcompete native plants that are not
adapted to fire, creating a grass-fire
cycle that alters ecosystem functions
(D’Antonio and Vitousek 1992, pp. 6466; Brooks et al. 2004, p. 680).
In addition, five sections of the
critical habitat areas (Kauai—Dry Cliff—
Section 1, Kauai—Dry Cliff—Section 2,
Kauai—Wet Cliff—Section 1, Kauai—
Wet Cliff—Section 2, and Kauai—Wet
PO 00000
Frm 00038
Fmt 4701
Sfmt 4702
Cliff—Section 3; see Table 5 for
corresponding CFR unit numbers) may
require special management to reduce
the threat of landslides and flooding,
which threaten to further degrade the
habitat conditions and have the
potential to eliminate some species in
their entirety (e.g., Schiedea attenuata).
In summary, we find that each of the
areas we are proposing as critical habitat
contains features essential to the
conservation of the species that may
require special management
considerations or protection to ensure
the conservation of the 47 Kauai
species. These special management
considerations and protections are
required to preserve and maintain the
essential features provided to these
species by the ecosystems upon which
they depend. A more detailed
discussion of these threats is presented
above (‘‘Summary of Factors Affecting
the Species’’).
Proposed Critical Habitat Designation
We are proposing critical habitat in 6
ecosystem types as critical habitat for 47
species; this critical habitat falls within
12 critical habitat units for the plants, 6
critical habitat units for the birds, and
6 critical habitat units for the picturewing fly (see Table 5, above, for details).
In total, approximately 27,674 ac
(11,199 ha) fall within the boundaries of
this proposed critical habitat
designation. Of these proposed units,
26,028 ac (10,533 ha), or 94 percent, are
already designated as critical habitat for
other listed species. The proposed
critical habitat includes land under
State and private ownership. The
critical habitat units we describe below
constitute our current best assessment of
those areas that meet the definition of
critical habitat for the 47 species of
plants and animals.
Because much of the proposed critical
habitat for the plants overlies critical
habitat already designated for other
plant species on the island of Kauai, we
have incorporated the maps of the
ecosystem areas identified in this
proposed rule into the existing critical
habitat unit numbering system
established for plants on the island of
Kauai in the Code of Federal
Regulations (50 CFR 17.99(a)(1)). This
required further subdividing some of the
ecosystem areas that we identified as
‘‘sections’’ into units that correspond to
both existing and new critical habitat
unit numbers and map numbers as
published in the CFR. The maps and
area descriptions presented here
represent the 6 essential ecosystem
areas that we have identified for all 47
species, subdivided into a total of 22
sections. For the 44 plant species, the
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
critical habitat unit numbers that
collectively comprise these ecosystem
areas and the corresponding map
numbers that will appear at 50 CFR
17.99 are additionally provided for ease
of reference with the CFR. Critical
habitat for each of the 3 animal species
is published in a separate section of the
CFR (50 CFR 17.95(b) for the akekee and
akikiki, and 50 CFR 17.95(i) for the
picture-wing fly), and thus have their
own separate critical habitat unit
numbers and map numbers; these
numbers are also provided in each of
the critical habitat descriptions below
for reference in the CFR.
As provided under section 4(b)(2) of
the Act, all or portions of each of these
areas may be considered for exclusion
from critical habitat when this rule is
finalized. Exclusions are considered
based on the relative costs and benefits
of designating critical habitat, including
information provided during the public
comment period on potential economic
impacts of this proposed critical habitat
designation, and may be made at the
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
discretion of the Secretary. The
consideration of potential economic
impacts applies solely to the
designation of critical habitat, and is not
a factor in our assessment of w!hether
aspecies warrants listing as a threatened
or endangered species under the Act.
Kauai—Lowland Mesic—Section 1
Lowland Mesic – Section 1 consists of
2,007 ac (812 ha) in the lowland mesic
ecosystem, including mesic forest
extending from Awaawapuhi Trail
south to Makaha Ridge, in the Na Pali
Kona Forest Reserve and the Kuia NAR
(Figure 1-A). The entire section is Stateowned and within previously
designated critical habitat; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 66a. This section is occupied by
the plants Doryopteris angelica,
Labordia helleri, Platydesma rostrata
and Psychotria hobdyi, and includes
mesic forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as PCEs
in the lowland mesic ecosystem (Table
3). This section also contains
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
62629
unoccupied habitat that is essential to
the conservation of these four species by
providing the physical and biological
features necessary for the expansion of
the existing wild populations. Lowland
Mesic – Section 1 is not known to be
occupied by the species Canavalia
napaliensis, Chamaesyce eleanoriae,
Chamaesyce remyi var. remyi,
Charpentiera densiflora, Dubautia
kenwoodii, Pittosporum napaliense, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland mesic species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00040
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.000
jlentini on PROD1PC65 with PROPOSALS2
62630
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Lowland Mesic—Section 2
Lowland Mesic – Section 2 consists of
379 ac (154 ha) in the lowland mesic
ecosystem, including mesic forest
extending from Keanapuka to Kahuamaa
Flat along the rim and cliffs of the
Kalalau Valley, in the Na Pali Coast
State Park (Figure 1-A, above). The
entire section is State-owned and within
previously designated critical habitat; it
falls within Critical Habitat Unit 11 of
50 CFR 17.99, Map 66a. This section is
occupied by the plants Chamaesyce
eleanoriae, Chamaesyce remyi var.
remyi, Charpentiera densiflora,
Dubautia kenwoodii, Pittosporum
napaliense, and Psychotria hobdyi, and
includes mesic forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as PCEs in the lowland mesic
ecosystem (Table 3). This section also
contains unoccupied habitat that is
essential to the conservation of these six
species by providing the physical and
biological features necessary for the
expansion of the existing wild
populations. Lowland Mesic – Section 2
is not known to be occupied by the
species Canavalia napaliensis,
Doryopteris angelica, Labordia helleri,
Platydesma rostrata, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland mesic species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
Kauai—Lowland Mesic—Section 3
Lowland Mesic – Section 3 consists of
124 ac (50 ha) in the lowland mesic
ecosystem, including mesic forest
extending from Manono Ridge,
Pohakuao Valley, to Kanakuu, within
the Na Pali Coast State Park (Figure 1A, above). The entire section is Stateowned and within previously
designated critical habitat; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 66a. This section is occupied by
the plants Canavalia napaliensis,
Chamaesyce eleanoriae, and
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Charpentiera densiflora, and includes
mesic forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as PCEs
in the lowland mesic ecosystem (Table
3). This section also contains
unoccupied habitat that is essential to
the conservation of these three species
by providing the physical and biological
features necessary for the expansion of
the existing wild populations. Lowland
Mesic – Section 3 is not known to be
occupied by the species Chamaesyce
remyi var. remyi, Doryopteris angelica,
Dubautia kenwoodii, Labordia helleri,
Pittosporum napaliense, Platydesma
rostrata, Psychotria hobdyi, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland mesic species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
Kauai—Lowland Mesic—Section 4
Lowland Mesic – Section 4 consists of
81 ac (33 ha) in the lowland mesic
ecosystem, including mesic forest at the
head of the Hanakapiai Valley, in the Na
Pali Coast State Park (Figure 1-A,
above). The entire section is Stateowned and within previously
designated critical habitat; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 66a. This section is occupied by
the plant Charpentiera densiflora, and
includes mesic forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as PCEs in the lowland mesic
ecosystem (Table 3). This section also
contains unoccupied habitat that is
essential to the conservation of this
species by providing the physical and
biological features necessary for the
expansion of the existing wild
population. Lowland Mesic – Section 4
is not known to be occupied by the
species Canavalia napaliensis,
Chamaesyce eleanoriae, Chamaesyce
remyi var. remyi, Doryopteris angelica,
Dubautia kenwoodii, Labordia helleri,
Pittosporum napaliense, Platydesma
PO 00000
Frm 00041
Fmt 4701
Sfmt 4702
62631
rostrata, Psychotria hobdyi, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland mesic species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
Kauai—Lowland Mesic—Section 5
Lowland Mesic – Section 5 consists of
37 ac (15 ha) in the lowland mesic
ecosystem, including mesic forest on the
slopes of Mt. Haupu, on privately
owned land (Figure 1-B). The entire
section is within previously designated
critical habitat, and falls within Critical
Habitat Unit 7 of 50 CFR 17.99, Map
23a. This section is occupied by the
plants Chamaesyce remyi var. remyi and
Tetraplasandra bisattenuata, and
includes mesic forest and shrubland, the
moisture regime, and subcanopy and
understory native plant species
identified as PCEs in the lowland mesic
ecosystem (Table 3). This section also
contains unoccupied habitat that is
essential to the conservation of these
two species by providing the physical
and biological features necessary for the
expansion of the existing wild
populations. Lowland Mesic – Section 5
is not known to be occupied by the
species Canavalia napaliensis,
Chamaesyce eleanoriae, Charpentiera
densiflora, Doryopteris angelica,
Dubautia kenwoodii, Labordia helleri,
Pittosporum napaliense, Platydesma
rostrata, and Psychotria hobdyi. We
have, however, determined this area to
be essential for the conservation and
recovery of these lowland mesic species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00042
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.001
jlentini on PROD1PC65 with PROPOSALS2
62632
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai—Lowland Wet—Section 1
jlentini on PROD1PC65 with PROPOSALS2
Lowland Wet – Section 1 consists of
1,164 ac (471 ha) in the lowland wet
ecosystem (117 ac (47.4 ha) on State
land; 1,047 ac (424 ha) on private land),
including wet forest extending from
Kulanalilia into Limahuli Valley to
Honoonapali, in the Halelea Forest
Reserve (Figure 2-A). The section
includes 1,099 ac (445 ha) of State and
privately owned land within previously
designated critical habitat and 65 ac (26
ha) of newly proposed critical habitat on
private land. The area that falls within
designated critical habitat lies within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 70a, and proposed new Critical
Habitat Unit 21, Map 217d. This section
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
is occupied by the plants Chamaesyce
remyi var. remyi, Charpentiera
densiflora, Labordia helleri, and
Phyllostegia renovans. This section also
contains unoccupied habitat that is
essential to the conservation of these
three species by providing the physical
and biological features necessary for the
expansion of the existing wild
populations. This section includes the
lowland wet forest, the moisture regime,
and canopy, subcanopy, and understory
plant species identified as PCEs in the
lowland wet ecosystem (Table 3).
Lowland Wet – Section 1 is not known
to be occupied by the species
Chamaesyce remyi var. kauaiensis,
Cyanea eleelensis, Cyanea
kolekoleensis, Cyanea kuhihewa,
PO 00000
Frm 00043
Fmt 4701
Sfmt 4702
62633
Cyrtandra oenobarba, Dubautia
imbricata ssp. imbricata, Melicope
paniculata, Melicope puberula,
Platydesma rostrata, Stenogyne kealiae,
and Tetraplasandra bisattenuata. We
have, however, determined this area to
be essential for the conservation and
recovery of these lowland wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of t!hese species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00044
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.002
jlentini on PROD1PC65 with PROPOSALS2
62634
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Lowland Wet—Section 2
Lowland Wet – Section 2 consists of
172 ac (70 ha) in the lowland wet
ecosystem, including wet forest
extending from Alealau to Pohakea,
within the Hono o Na Pali NAR and the
Na Pali Coast State Park (Figure 2-A,
above). The entire section is Stateowned and within previously
designated critical habitat; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 70a, and is occupied by the plant
Melicope puberula. This section also
contains unoccupied habitat that is
essential to the conservation of this
species by providing the physical and
biological features necessary for the
expansion of the existing wild
population. This section includes the
lowland wet forest, the moisture regime,
and canopy, subcanopy, and understory
plant species identified as PCEs in the
lowland wet ecosystem (Table 3).
Lowland Wet – Section 2 is not known
to be occupied by the species
Chamaesyce remyi var. kauaiensis,
Chamaesyce remyi var. remyi,
Charpentiera densiflora, Cyanea
eleelensis, Cyanea kolekoleensis,
Cyanea kuhihewa, Cyrtandra
oenobarba, Dubautia imbricata ssp.
imbricata, Labordia helleri, Melicope
paniculata, Phyllostegia renovans,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Platydesma rostrata, Stenogyne kealiae,
and Tetraplasandra bisattenuata. We
have, however, determined this area to
be essential for the conservation and
recovery of these lowland wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
Kauai—Lowland Wet—Section 3
Lowland Wet – Section 3 consists of
756 ac (306 ha) in the lowland wet
ecosystem, including wet forest in
upper Wainiha Valley, on privately
owned land in the Halelea Forest
Reserve (Figure 2-B). The entire section
is within previously designated critical
habitat, falling within Critical Habitat
Unit 11 of 50 CFR 17.99, Map 70a, and
is occupied by the plants Chamaesyce
remyi var. kauaiensis, Cyrtandra
oenobarba, Melicope puberula, and
Stenogyne kealiae. This section also
contains unoccupied habitat that is
essential to the conservation of these
PO 00000
Frm 00045
Fmt 4701
Sfmt 4702
62635
four species by providing the physical
and biological features necessary for the
expansion of the existing wild
populations. This section includes the
lowland wet forest, the moisture regime,
and canopy, subcanopy, and understory
plant species identified as PCEs in the
lowland wet ecosystem (Table 3).
Lowland Wet – Section 3 is not known
to be occupied by the species
Chamaesyce remyi var. remyi,
Charpentiera densiflora, Cyanea
eleelensis, Cyanea kolekoleensis,
Cyanea kuhihewa, Dubautia imbricata
ssp. imbricata, Labordia helleri,
Melicope paniculata, Phyllostegia
renovans, Platydesma rostrata, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00046
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.003
jlentini on PROD1PC65 with PROPOSALS2
62636
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Lowland Wet—Section 4
Lowland Wet – Section 4 consists of
591 ac (239 ha) in the lowland wet
ecosystem, including wet forest at the
head of Lumahai Valley, on State (10 ac,
4.1 ha) and privately owned (581 ac, 235
ha) land in the Halelea Forest Reserve
(Figure 2-B, above). The entire section is
within previously designated critical
habitat, falling within Critical Habitat
Unit 11 of 50 CFR 17.99, Map 70a, and
is occupied by the plants Chamaesyce
remyi var. remyi, Cyrtandra oenobarba,
Melicope paniculata, Phyllostegia
renovans, and Platydesma rostrata. This
section also contains unoccupied
habitat that is essential to the
conservation of these five species by
providing the physical and biological
features necessary for the expansion of
the existing wild populations. This
section includes the lowland wet forest,
the moisture regime, and canopy,
subcanopy, and understory plant
species identified as PCEs in the
lowland wet ecosystem (Table 3).
Lowland Wet – Section 4 is not known
to be occupied by the species
Chamaesyce remyi var. kauaiensis,
Charpentiera densiflora, Cyanea
eleelensis, Cyanea kolekoleensis,
Cyanea kuhihewa, Dubautia imbricata
ssp. imbricata, Labordia helleri,
Melicope puberula, Stenogyne kealiae,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
and Tetraplasandra bisattenuata. We
have, however, determined this area to
be essential for the conservation and
recovery of these lowland wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
Kauai—Lowland Wet—Section 5
Lowland Wet – Section 5 consists of
1,541 ac (624 ha) in the lowland wet
ecosystem, including wet forest
extending from the headwaters of the
Wailua River at ‘‘Blue Hole’’ south to
Iole, on State (442 ac, 179 ha) and
privately owned (1,099 ac, 445 ha) land
in the Lihue-Koloa Forest Reserve
(Figure 2-C). The entire section is within
previously designated critical habitat,
falling within Critical Habitat Unit 10 of
50 CFR 17.99, Map 36a, and is occupied
by the plants Cyrtandra oenobarba,
Dubautia imbricata ssp. imbricata,
Melicope paniculata, and Platydesma
rostrata. This section also contains
unoccupied habitat that is essential to
PO 00000
Frm 00047
Fmt 4701
Sfmt 4702
62637
the conservation of these four species by
providing the physical and biological
features necessary for the expansion of
the existing wild populations. This
section includes the lowland wet forest,
the moisture regime, and canopy,
subcanopy and understory plant species
identified as PCEs in the lowland wet
ecosystem (Table 3). Lowland Wet –
Section 5 is not known to be occupied
by the species Chamaesyce remyi var.
kauaiensis, Chamaesyce remyi var.
remyi, Charpentiera densiflora, Cyanea
eleelensis, Cyanea kolekoleensis,
Cyanea kuhihewa, Labordia helleri,
Melicope puberula, Phyllostegia
renovans, Stenogyne kealiae, and
Tetraplasandra bisattenuata. We have,
however, determined this area to be
essential for the conservation and
recovery of these lowland wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00048
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.004
jlentini on PROD1PC65 with PROPOSALS2
62638
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai—Lowland Wet—Section 6
jlentini on PROD1PC65 with PROPOSALS2
Lowland Wet – Section 6 consists of
789 ac (319 ha) in the lowland wet
ecosystem, including wet forest
extending from Kapalaoa to Kanaele Bog
and Lauahihaihai in the Wahiawa
Mountains, on State (134 ac, 54 ha) and
privately owned (655 ac, 265 ha) land in
the Lihue-Koloa Forest Reserve (Figure
2-D). The entire section is within
previously designated critical habitat,
falling within Critical Habitat Unit 10 of
50 CFR 17.99, Map 36a, and is occupied
by the plants Chamaesyce remyi var.
remyi, Cyrtandra oenobarba, Dubautia
imbricata ssp. imbricata, Platydesma
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
rostrata, and Tetraplasandra
bisattenuata. This section also contains
unoccupied habitat that is essential to
the conservation of these five species by
providing the physical and biological
features necessary for the expansion of
the existing wild populations. This
section includes the lowland wet forest,
the moisture regime, and canopy,
subcanopy, and understory plant
species identified as PCEs in the
lowland wet ecosystem (Table 3).
Lowland Wet – Section 6 is not known
to be occupied by the species
Chamaesyce remyi var. kauaiensis,
Charpentiera densiflora, Cyanea
eleelensis, Cyanea kolekoleensis,
PO 00000
Frm 00049
Fmt 4701
Sfmt 4702
62639
Cyanea kuhihewa, Labordia helleri,
Melicope paniculata, Melicope
puberula, Phyllostegia renovans, and
Stenogyne kealiae. We have, however,
determined this area to be essential for
the conservation and recovery of these
lowland wet species because it provides
the physical and biological features
necessary for the reestablishment of
wild populations within the historical
range of the species. Due to the small
numbers of individuals or low
population sizes of each of these
species, each requires suitable habitat
and space for expansion or
reintroduction to achieve a population
level that could approach recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00050
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.005
jlentini on PROD1PC65 with PROPOSALS2
62640
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai—Montane Mesic—Section 1
jlentini on PROD1PC65 with PROPOSALS2
Montane Mesic – Section 1 consists of
2,462 ac (996 ha) in the montane mesic
ecosystem, including the area above
Honopu Valley to Mahanaloa Valley, on
State-owned land in Kokee State Park,
the Na Pali-Kona Forest Reserve, and
Kuia NAR (Figure 3-A). The entire
section is within previously designated
critical habitat for the plant species,
falling within Critical Habitat Unit 11 of
50 CFR 17.99, Map 70C, and is occupied
by the plants Chamaesyce remyi var.
remyi, Labordia helleri, Myrsine
knudsenii, Platydesma rostrata,
Psychotria grandiflora, Stenogyne
kealiae, and Tetraplasandra flynii. This
section is also occupied by the bird
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
akekee, and the picture-wing fly
Drosophila attigua; maps of critical
habitat for these species can be found at
50 CFR 17.95(b) for the akekee (Unit 1
– Montane Mesic), and at 50 CFR
17.95(i) for the picture-wing fly (Unit 1
– Montane Mesic). This section also
contains unoccupied habitat that is
essential to the conservation of these
nine species by providing the physical
and biological features necessary for the
expansion of the existing wild
populations. This section includes the
montane mesic forest, the moisture
regime, and canopy, subcanopy, and
understory plant species identified as
PCEs in the montane mesic ecosystem
(Table 3), as well as species-specific
PCEs for the akekee (arthropod prey)
PO 00000
Frm 00051
Fmt 4701
Sfmt 4702
62641
and picture-wing fly (the larval-stage
host plant, Cheirodendron sp.). Montane
Mesic – Section 1 is not known to be
occupied by the species Diellia mannii
and Myrsine mezii. We have, however,
determined this area to be essential for
the conservation and recovery of these
montane mesic species because it
provides the physical and biological
features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00052
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.006
jlentini on PROD1PC65 with PROPOSALS2
62642
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai—Montane Mesic—Section 2
jlentini on PROD1PC65 with PROPOSALS2
Montane Mesic – Section 2 consists of
376 ac (152 ha) in the montane mesic
ecosystem and includes a portion of the
area surrounding a tributary of
Nawaimaka Stream east to Kumuwela
Ridge (Figure 3-A). The entire section is
State-owned within Kokee State Park,
and includes 8 ac (3 ha) of newly
proposed critical habitat. This section is
occupied by Diellia mannii and the
picture-wing fly Drosophila attigua and
includes the montane mesic forest, the
moisture regime, and canopy,
subcanopy, and understory plant
species identified as PCEs in the
montane mesic ecosystem (Table 3), as
well as the larval-stage host plant
(Cheirodendron sp.) associated with the
picture-wing fly. This section also
contains unoccupied habitat that is
essential to the conservation of these
two species by providing the physical
and biological features necessary for the
expansion of the existing wild
populations. Montane Mesic – Section 2
is not known to be occupied by the
plants Chamaesyce remyi var. remyi,
Labordia helleri, Myrsine knudsenii,
Myrsine mezii, Platydesma rostrata,
Psychotria grandiflora, Stenogyne
kealiae, and Tetraplasandra flynnii; or
by the bird akekee. We have, however,
determined this area to be essential for
the conservation and recovery of these
montane mesic species because it
provides the physical and biological
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
For the plants, that portion of the
section that overlies previously
designated critical habitat falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 70c. The previously undesignated
land comprises proposed Critical
Habitat Unit 22 of 50 CFR 17.99, Map
217e. Maps of critical habitat for the
akekee can be found at 50 CFR 17.95(b)
(Unit 2 – Montane Mesic), and for the
picture-wing fly at 50 CFR 17.95(i) (Unit
2 – Montane Mesic).
Kauai—Montane Mesic—Section 3
Montane Mesic – Section 3 consists of
138 ac (56 ha) in the montane mesic
ecosystem, including the upper portion
of the Nawaimaka Valley up to
Kapukapaia Ridge, on State-owned land
in the Na Pali-Kona Forest Reserve
(Figure 3-B). This section is not in
previously designated critical habitat
and includes the only montane mesic
forest occupied by the plant Myrsine
mezii, and the moisture regime, and
canopy, subcanopy, and understory
plant species identified as PCEs in the
montane mesic ecosystem (Table 3).
PO 00000
Frm 00053
Fmt 4701
Sfmt 4702
62643
This section also contains unoccupied
habitat that is essential to the
conservation of this species by
providing the physical and biological
features necessary for the expansion of
the existing wild population. Montane
Mesic - Section 3 is not known to be
occupied by the plants Chamaesyce
remyi var. remyi, Labordia helleri,
Myrsine knudsenii, Myrsine mezii,
Platydesma rostrata, Psychotria
grandiflora, Stenogyne kealiae, and
Tetraplasandra flynnii; by the bird
akekee; or by the picture-wing fly
Drosophila attigua. We have, however,
determined this area to be essential for
the conservation and recovery of these
montane mesic species because it
provides the physical and biological
features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
For the plants, this section comprises
proposed Critical Habitat Unit 23 of 50
CFR 17.99, Map 217f. Maps of critical
habitat for the akekee can be found at 50
CFR 17.95(b) (Unit 3 – Montane Mesic),
and for the picture-wing fly at 50 CFR
17.95(i) (Unit 3 – Montane Mesic).
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00054
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.007
jlentini on PROD1PC65 with PROPOSALS2
62644
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Montane Wet—Section 1
Montane Wet – Section 1 consists of
14,107 ac (5,709 ha) in the montane wet
ecosystem, extending across the Alakai
Plateau from Hanakoa to Mount
Waialeale, on State (12,629 ac, 5,111 ha)
and privately owned (1,478 ac, 598 ha)
land in the Na Pali Coast State Park, the
Alakai Wilderness Preserve, the Na PaliKona and Halelea forest reserves, and
Hono o Na Pali NAR (Figure 4). This
section includes 1,116 ac (452 ha) of
privately owned land that is newly
proposed as critical habitat. It is
occupied by the plants Astelia
waialealae, Chamaesyce remyi var.
remyi, Dryopteris crinalis var.
podosorus, Dubautia waialealae,
Geranium kauaiense, Keysseria erici,
Keysseria helenae, Labordia helleri,
Labordia pumila, Lysimachia
daphnoides, Melicope degeneri,
Melicope puberula, Myrsine mezii,
Phyllostegia renovans, and Platydesma
rostrata; by the akekee and akikiki; and
by the picture-wing fly. This section
also contains unoccupied habitat that is
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
essential to the conservation of these 18
species by providing the physical and
biological features necessary for the
expansion of the existing wild
populations. This section includes the
montane wet forest, the moisture
regime, and canopy, subcanopy, and
understory plant species identified as
PCEs in the montane wet ecosystem
(Table 3), and the species-specific PCEs
including (1) bogs (identified as PCEs
for Dubautia waialealae, Geranium
kauaiense, Keysseria erici, Keysseria
helenae, Labordia pumila, Lysimachia
daphnoides); (2) bog hummocks
(identified as PCEs for Astelia
waialealae); (3) arthropod prey
(identified as PCEs for the akekee and
the akikiki); and (4) larval-stage host
plants, Cheirodendron sp., (identified as
a PCE for the picture-wing fly).
Montane Wet – Section 1 is not
known to be occupied by !the plants
Dubautia kalalauensis, Psychotria
grandiflora, and Tetraplasandra flynnii.
We have, however, determined this area
to be essential for the conservation and
PO 00000
Frm 00055
Fmt 4701
Sfmt 4702
62645
recovery of these montane wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
For the plants, those portions of the
section that overlie previously
designated critical habitat falls within
two existing Critical Habitat Units of 50
CFR 17.99: Unit 10, Map 35a and Unit
11, Map 64a. The previously
undesignated land comprises proposed
Critical Habitat Unit 18 of 50 CFR 17.99,
Map 217a; proposed Unit 24, Map 217g;
and proposed Unit 25, Map 217h. Maps
of critical habitat for the akekee and
akikiki can be found at 50 CFR 17.95(b)
(Unit 1 – Montane Wet), and for the
picture-wing fly Drosophila attigua at
50 CFR 17.95(i) (Unit 1 – Montane Wet).
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00056
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.008
jlentini on PROD1PC65 with PROPOSALS2
62646
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Montane Wet—Section 2
Montane Wet - Section 2 consists of
790 ac (320 ha) in the montane wet
ecosystem, extending from Kahuamaa
Flat south to the edge of Waimea
Canyon, on State-owned land in Kokee
State Park (Figure 4, above). The entire
section is within previously designated
critical habitat, and is occupied by the
plants Chamaesyce remyi var. remyi,
Dubautia kalalauensis, Melicope
puberula, Platydesma rostrata,
Psychotria grandiflora, and
Tetraplasandra flynii, and by the
akekee. This section includes the
montane wet forest, the moisture
regime, and canopy, subcanopy and
understory plant species identified as
PCEs in the montane wet ecosystem
(Table 3), and arthropod prey (identified
as a species-specific PCE for the akekee).
Montane Wet - Section 2 is not known
to be occupied by the plants Astelia
waialeale, Dryopteris crinalis var.
podosorus, Dubautia waialeale,
Geranium kauaiense, Keysseria erici,
Keysseria helenae, Labordia helleri,
Labordia pumila, Lysimachia
daphnoides, Melicope degeneri, Myrsine
mezii, and Phyllostegia renovans; by the
bird akikiki; or by the picture-wing fly,
Drosophila attigua. We have, however,
determined this area to be essential for
the conservation and recovery of these
montane wet species because it provides
the physical and biological features
necessary for the reestablishment of
wild populations within the historical
range of the species. Due to the small
numbers of individuals or low
population sizes of each of these
species, each requires suitable habitat
and space for expansion or
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
reintroduction to achieve a population
level that could approach recovery.
For the plants, critical habitat falls
within previously designated Critical
Habitat Unit 11 of 50 CFR 17.99, Map
64a. Maps of critical habitat for the
akekee and akikiki can be found at 50
CFR 17.95(b) (Unit 2 – Montane Wet),
and for the picture-wing fly Drosophila
attigua at 50 CFR 17.95(i) (Unit 2 –
Montane Wet).
Kauai—Montane Wet—Section 3
Montane Wet - Section 3 consists of
413 ac (167 ha) in the montane wet
ecosystem, encompasses the summit of
Namolokama, on State (156 ac, 63 ha)
and privately owned (257 ac, 104 ha)
land in the Halelea Forest Reserve
(Figure 4). It is entirely within
previously designated critical habitat,
and is occupied by the plants Keysseria
erici and Labordia pumila. This section
includes the montane wet forest, the
moisture regime, and the canopy,
subcanopy, and understory plant
species identified as PCEs in the
montane wet ecosystem (Table 3), and
bogs (identified as a species-specific
PCE for K. erici). Montane Wet - Section
3 is not known to be occupied by the
plants Astelia waialeale, Chamaesyce
remyi var. remyi, Dryopteris crinalis var.
podosorus, Dubautia kalalauensis,
Dubautia waialeale, Geranium
kauaiense, Keysseria helenae, Labordia
helleri, Lysimachia daphnoides,
Melicope degeneri, Melicope puberula,
Myrsine mezii, Phyllostegia renovans,
Platydesma rostrata, Psychotria
grandiflora, and Tetraplasandra flynnii;
by the birds akekee and akikiki; or by
the picture-wing fly, Drosophila attigua.
PO 00000
Frm 00057
Fmt 4701
Sfmt 4702
62647
We have, however, determined this area
to be essential for the conservation and
recovery of these montane wet species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
For the plants, critical habitat falls
within Critical Habitat Unit 11 of 50
CFR 17.99, Map 64a. Maps of critical
habitat for the akekee and akikiki can be
found at 50 CFR 17.95(b) (Unit 3 –
Montane Wet), and for the picture-wing
fly Drosophila attigua at 50 CFR 17.95(i)
(Unit 3 – Montane Wet).
Kauai—Dry Cliff—Section 1
Dry Cliff - Section 1 consists of 404
ac (163 ha) in the dry cliff ecosystem,
along cliffs from Kalanu to Pihea peak,
within the Na Pali Coast State Park
(Figure 5). The entire section is within
previously designated critical habitat
and is State-owned; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 67a. This section is occupied by
the plants Chamaesyce eleanoriae,
Lysimachia scopulensis, Schiedea
attenuata, and Stenogyne kealiae. This
section includes the dry cliffs, the
moisture regime, and subcanopy and
understory plant species identified as
PCEs in the dry cliff ecosystem (Table
3).
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00058
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.009
jlentini on PROD1PC65 with PROPOSALS2
62648
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai—Dry Cliff—Section 2
Dry Cliff - Section 2 consists of 308
ac (125 ha) in the dry cliff ecosystem,
including cliffs and ridges extending
from Kanakou to Keanapuka and along
Manono Ridge, surrounding the hanging
valley Pohakuao, in the Na Pali Coast
State Park (Figure 5). The entire section
is State-owned and within previously
designated critical habitat; it falls within
Critical Habitat Unit 11 of 50 CFR 17.99,
Map 67a. This section is occupied by
the plant Chamaesyce eleanoriae and
includes the dry cliffs, the moisture
regime, and subcanopy and understory
plant species identified as PCEs in the
dry cliff ecosystem (Table 3). Dry Cliff
- Section 3 is not known to be occupied
by the plants Lysimachia scopulensis,
Schiedea attenuata, and Stenogyne
kealiae. We have, however, determined
this area to be essential for the
conservation and recovery of these dry
cliff species because it provides the
physical and biological features
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
necessary for the reestablishment of
wild populations within the historical
range of the species. Due to the small
numbers of individuals or low
population sizes of each of these
species, each requires suitable habitat
and space for expansion or
reintroduction to achieve a population
level that could approach recovery.
Kauai—Wet Cliff—Section 1
Wet Cliff - Section 1 consists of 190
ac (77 ha) in the wet cliff ecosystem,
including cliffs along the rim of Kalalau
Valley from Alealeau to Pihea, on Stateowned land in the Na Pali Coast State
Park and the Hono o Na Pali NAR
(Figure 6-A). The entire section is
within previously designated critical
habitat, falling within Critical Habitat
Unit 11 of 50 CFR 17.99, Map 70b, and
is occupied by the plant Chamaesyce
remyi var. remyi. This section includes
the wet cliffs, the moisture regime, and
subcanopy and understory plant species
PO 00000
Frm 00059
Fmt 4701
Sfmt 4702
62649
identified as PCEs in the wet cliff
ecosystem (Table 3). Wet Cliff - Section
1 is not known to be occupied by the
plants Chamaesyce remyi var.
kauaiensis, Cyanea dolichopoda,
Cyrtandra oenobarbara, Cyrtandra
paliku, Dubautia plantaginea ssp.
magnifolia, Lysimachia iniki,
Lysimachia pendens, Lysimachia
venosa, and Platydesma rostrata. We
have, however, determined this area to
be essential for the conservation and
recovery of these wet cliff species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00060
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.010
jlentini on PROD1PC65 with PROPOSALS2
62650
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–S
Kauai—Wet Cliff—Section 2
jlentini on PROD1PC65 with PROPOSALS2
Wet Cliff - Section 2 consists of 784
ac (317 ha) in the wet cliff ecosystem,
and includes the cliffs at the headwaters
of the Wailua River or ‘‘Blue Hole,’’ on
State (778 ac, 315 ha) and privately
owned (7 ac, 3 ha) land in the LihueKoloa Forest Reserve (Figure 6-B). There
are 489 ac (198 ha) within previously
designated critical habitat and 296 ac
(120 ha) of newly proposed critical
habitat on State-owned land. The
portion of the section that is in
previously designated critical habitat
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
falls within Critical Habitat Unit 10 of
50 CFR 17.99, Map 36b. The newly
proposed portion of the section
comprises Critical Habitat Unit 19 of 50
CFR 17.99, Map 217b. This section is
occupied by the plants Chamaesyce
remyi var. kauaiensis, Cyanea
dolichopoda, Cyrtandra oenobarba,
Dubautia plantaginea ssp. magnifolia,
Lysimachia iniki, Lysimachia pendens,
and Platydesma rostrata. The section
includes the wet cliffs, the moisture
regime, and subcanopy and understory
plant species identified as PCEs in the
wet cliff ecosystem (Table 3). Wet Cliff
- Section 2 is not known to be occupied
PO 00000
Frm 00061
Fmt 4701
Sfmt 4702
62651
by the plants Chamaesyce remyi var.
remyi, Cyrtandra paliku, and
Lysimachia venosa. We have, however,
determined this area to be essential for
the conservation and recovery of these
wet cliff species because it provides the
physical and biological features
necessary for the reestablishment of
wild populations within the historical
range of the species. Due to the small
numbers of individuals or low
population sizes of each of these
species, each requires suitable habitat
and space for expansion or
reintroduction to achieve a population
level that could approach recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00062
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.011
jlentini on PROD1PC65 with PROPOSALS2
62652
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai—Wet Cliff—Section 3
jlentini on PROD1PC65 with PROPOSALS2
Wet Cliff - Section 3 consists of 61 ac
(24 ha) in the wet cliff ecosystem,
including cliffs below Kekoiki, on State
(8 ac, 3 ha) and privately owned (53 ac,
22 ha) land in the Halelea, Moloaa and
Kealia forest reserves (Figure 6-C). There
are 23 ac (9 ha) of newly proposed
critical habitat on privately owned land
within this section. That portion of the
section that falls within previously
designated critical habitat falls within
Critical Habitat Unit 4 of 50 CFR 17.99,
Map 5a. The newly proposed portion of
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
the section comprises Critical Habitat
Unit 20 of 50 CFR 17.99, Map 217c. This
section is occupied by the plant
Cyrtandra paliku, and includes the wet
cliffs, the moisture regime, and
subcanopy and understory plant species
identified as PCEs in the wet cliff
ecosystem (Table 3). Wet Cliff - Section
3 is not known to be occupied by the
plants Chamaesyce remyi var.
kauaiensis, Chamaesyce remyi var.
remyi, Cyanea dolichopoda, Cyrtandra
oenobarbara, Dubautia plantaginea ssp.
magnifolia, Lysimachia iniki,
Lysimachia pendens, Lysimachia
PO 00000
Frm 00063
Fmt 4701
Sfmt 4702
62653
venosa, and Platydesma rostrata. We
have, however, determined this area to
be essential for the conservation and
recovery of these wet cliff species
because it provides the physical and
biological features necessary for the
reestablishment of wild populations
within the historical range of the
species. Due to the small numbers of
individuals or low population sizes of
each of these species, each requires
suitable habitat and space for expansion
or reintroduction to achieve a
population level that could approach
recovery.
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00064
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.012
jlentini on PROD1PC65 with PROPOSALS2
62654
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Effects of Critical Habitat Designation
jlentini on PROD1PC65 with PROPOSALS2
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
to ensure that actions they fund,
authorize, or carry out are not likely to
destroy or adversely modify critical
habitat. Decisions by the 5th and 9th
Circuit Court of Appeals have
invalidated our definition of
‘‘destruction or adverse modification’’
(50 CFR 402.02) (see Gifford Pinchot
Task Force v. U.S. Fish and Wildlife
Service, 378 F. 3d 1059 (9th Cir. 2004)
and Sierra Club v. U.S. Fish and
Wildlife Service et al., 245 F.3d 434,
442F (5th Cir. 2001)), and we do not rely
on this regulatory definition when
analyzing whether an action is likely to
destroy or adversely modify critical
habitat. Under the statutory provisions
of the Act, an important factor in
determinig whether an action will
destroy or adversely modify critical
habitat is whether, with implementation
of the proposed Federal action, the
affected critical habitat would remain
functional (or retain the current ability
for the PCEs to be functionally
established) to serve its intended
conservation role for the species.
If a species is listed or critical habitat
is designated, section 7(a)(2) of the Act
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 (action
agency) must enter into consultation
with us. Consultation may be concluded
through our issuance, as appropriate, of:
(1) A concurrence letter for Federal
actions that may affect, but are not
likely to adversely affect, listed species
or critical habitat; or
(2) A biological opinion for Federal
actions that may affect, and are likely to
adversely affect, listed species or critical
habitat.
When we issue a biological opinion
concluding that a project is likely to
jeopardize the continued existence of a
listed species or destroy or adversely
modify critical habitat, we also provide
reasonable and prudent alternatives to
the project, if any are identifiable. We
define ‘‘Reasonable and prudent
alternatives’’ at 50 CFR 402.02 as
alternative actions identified during
consultation that:
• Can be implemented in a manner
consistent with the intended purpose of
the action,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
62655
• Can be implemented consistent
with the scope of the Federal agency’s
legal authority and jurisdiction,
• Are economically and
technologically feasible, and
• Would, in the Director’s opinion,
avoid jeopardizing the continued
existence of the listed species or
destroying or adversely modifying
critical habitat.
Reasonable and prudent alternatives
can vary from slight project
modifications to extensive redesign or
relocation of the project. Costs
associated with implementing a
reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require
Federal agencies to reinitiate
consultation on previously reviewed
actions in instances where we have
listed a new species or subsequently
designated critical habitat that may be
affected and the Federal agency has
retained discretionary involvement or
control over the action (or the agency’s
discretionary involvement or control is
authorized by law). Consequently,
Federal agencies may sometimes need to
request reinitiation of consultation with
us on actions for which formal
consultation has been completed, if
those actions with discretionary
involvement or control may affect
subsequently listed species or
designated critical habitat.
Federal activities that may affect the
species included in this proposed rule
or their designated critical habitat
require section 7 consultation under the
Act. Activities on State, Tribal, local, or
private lands requiring a Federal permit
(such as a permit from the U.S. Army
Corps of Engineers under section 404 of
the Clean Water Act (33 U.S.C. 1251 et
seq.) or a permit from us under section
10 of the Act) or involving some other
Federal action (such as funding from the
Federal Highway Administration,
Federal Aviation Administration, or the
Federal Emergency Management
Agency) are subject to the section 7
consultation process. Federal actions
not affecting listed species or critical
habitat, and actions on State, Tribal,
local, or private lands that are not
federally funded, authorized, or
permitted, do not require section 7
consultations.
ability for the primary constituent
elements to be functionally established.
Activities that may destroy or adversely
modify critical habitat are those that
alter the PCEs to an extent that
appreciably reduces the conservation
value of critical habitat for the species
included in this proposed rule.
Generally, the role of the critical habitat
areas is to support the essential
conservation needs of the 47 species
identified in this proposed rule; we
have determined that this critical
habitat is not only necessary for the
species’ survival, but is also essential to
achieve the recovery of these species.
Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, activities
involving a Federal action that may
destroy or adversely modify such
habitat, or that may be affected by such
designation. Activities that, when
carried out, funded, or authorized by a
Federal agency, may destroy or
adversely modify critical habitat for the
47 species, and therefore may be
affected by this proposed designation,
include, but are not limited to:
(1)Activities that might appreciably
degrade or destroy the primary
constituent elements for the species
including, but not limited to, the
following: Overgrazing; maintaining or
increasing feral ungulate levels; clearing
or cutting native live trees and shrubs
(e.g., woodcutting, bulldozing,
construction, road building, mining,
herbicide application); and taking
actions that pose a risk of fire.
(2)Activities that may alter watershed
characteristics in ways that would
appreciably reduce groundwater
recharge or alter natural, wetland, or
vegetative communities. Such activities
include new water diversion or
impoundment, excess groundwater
pumping, and manipulation of
vegetation through activities such as the
ones mentioned above.
(3)Recreational activities that may
appreciably degrade vegetation.
(4)Mining sand or other minerals.
(5)Introducing or encouraging the
spread of nonnative plant species.
(6)Importing nonnative species for
research, agriculture, and aquaculture,
and releasing biological control agents.
Application of the ‘‘Adverse
Modification’’ Standard
The key factor related to the adverse
modification determination is whether,
with implementation of the proposed
Federal action, the affected critical
habitat would continue to serve its
intended conservation role for the
species, or would retain its current
Exemptions and Exclusions
PO 00000
Frm 00065
Fmt 4701
Sfmt 4702
Application of Section 4(a)(3) of the
Act
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108136) amended the Act to limit areas
eligible for designation as critical
habitat. Specifically, section 4(a)(3)(B)(i)
E:\FR\FM\21OCP2.SGM
21OCP2
62656
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
of the Act (16 U.S.C. 1533(a)(3)(B)(i))
now provides: ‘‘The Secretary shall not
designate as critical habitat any lands or
other geographical areas owned or
controlled by the Department of
Defense, or designated for its use, that
are subject to an integrated natural
resources management plan prepared
under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary determines
in writing that such plan provides a
benefit to the species for which critical
habitat is proposed for designation.’’
There are no Department of Defense
lands with a completed integrated
natural resources management plan
within the proposed critical habitat
designation.
jlentini on PROD1PC65 with PROPOSALS2
Application of Section 4(b)(2) of the
Act
Section 4(b)(2) of the Act states that
the Secretary must designate and revise
critical habitat on the basis of the best
available scientific data after taking into
consideration the economic impact,
national security impact, and any other
relevant impact of specifying any
particular area as critical habitat. The
Secretary may exclude an area from
critical habitat if he determines that the
benefits of such exclusion outweigh the
benefits of specifying such area as part
of the critical habitat, unless he
determines, based on the best scientific
data available, that the failure to
designate such area as critical habitat
will result in the extinction of the
species. In making that determination,
the legislative history is clear that the
Secretary has broad discretion regarding
which factor(s) to use and how much
weight to give to any factor.
Under section 4(b)(2) of the Act, in
considering whether to exclude a
particular area from the designation, we
must identify the benefits of including
the area in the designation, identify the
benefits of excluding the area from the
designation, and determine whether the
benefits of exclusion outweigh the
benefits of inclusion. If based on this
analysis, we make this determination,
then we can exclude the area only if
such exclusion would not result in the
extinction of the species.
Under section 4(b)(2) of the Act, we
must consider all relevant impacts,
including economic impacts. In
addition to economic impacts, we
consider a number of factors in a section
4(b)(2) analysis. For example, we
consider whether there are lands owned
or managed by the Department of
Defense (DOD) where a national security
impact might exist. We also consider
whether landowners have developed
any habitat conservation plans (HCPs)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
for the area, or whether there are
conservation partnerships that would be
encouraged or discouraged by
designation of, or exclusion from,
critical habitat in an area. In addition,
we look at the presence of Tribal lands
or Tribal trust resources that might be
affected, and consider the governmentto-government relationship of the
United States with Tribal entities. We
also consider any social impacts the
might occur because of the designation.
This discussion of the potential
economic and other impacts of critical
habitat designation is separate from and
has not been considered in the proposed
listing rule. The inclusion of this
information in the proposed rule is
solely for the purpose of soliciting
public comments on the proposed
critical habitat designation, not the
proposed listing.
In developing this proposal, we have
determined that the lands within the
proposed designation of critical habitat
for the 47 species are not owned or
managed by the Department of Defense,
there are currently no HCPs for these
species, and the proposed designation
does not include any Tribal lands or
trust resources. As such, we do not
anticipate any impacts to national
security, Tribal lands, or HCPs from this
proposed critical habitat designation.
Economic Analysis
On May 28, 2002, we published a
document in the Federal Register
announcing the availability of the draft
economic analysis (DEA) for the
proposed designation of 99,206 acres
(40,147 ha) of critical habitat on Kauai
for 83 Kauai plants (67 FR 36851). The
draft economic analysis covered the 10–
year timeframe from 2002-2012, and
characterizes both the total section 7
consultation cost, and the costs
attributable to critical habitat (DEA VI1). On February 27, 2003, the final rule
(2003 rule) designated 52,549 acres
(21,266 ha) as critical habitat on Kauai
and 357 acres (145 ha) on Niihau, in 217
critical habitat units (68 FR 9116). The
final economic analysis addendum was
adjusted to delete costs related to units
that were excluded or modified for
biological reasons and to respond to
public comments. No critical habitat
units in the proposed rule were
excluded or modified in the final rule
because of economic impacts.
Ninety-four percent (26,026 acres of
27,674 acres) of the critical habitat in
this proposed rule, encompassing all or
part of 21 sections, occurs within 6 of
the units that were designated in 2003.
Proposed ecosystem sections Lowland
Mesic 1, 2, 3, 4, 5; Lowland Wet 1, 2,
3, 4, 5, 6; Montane Mesic 1, 2; Montane
PO 00000
Frm 00066
Fmt 4701
Sfmt 4702
Wet 1, 2, 3; Dry Cliff 1, 2; and Wet Cliff
1, 2, 3 overlap in whole or in part with
critical habitat units designated in the
2003 rule. Only proposed Montane
Mesic – Section 3 does not overlap any
previously designated critical habitat
unit. (See Table 5 for cross-reference of
ecosystem section numbers with critical
habitat unit numbers in the CFR).
The final economic analysis for the
2003 rule estimates that the listing of
the 83 plants and the designation of this
critical habitat could result in potential
direct economic effects ranging from
approximately $170,000 to $520,000. Of
that, we estimate that $37,388 to
$293,030 could be attributable to critical
habitat in the units that overlap with the
areas !proposedin this proposed rule.
On March 29, 2002, we published a
notice in the Federal Register (67 FR
15159), announcing the availability of a
draft economic analysis for the
proposed designation of 16.3 miles (26.3
kilometers (km)) of main stream channel
in nine critical habitat units for
Newcomb’s snail (Erinna newcombi) on
Kauai. The draft economic analysis
covers the 10–year timeframe from
2002-2012, and identifies the total
section 7 consultation costs, and the
incremental costs attributable to critical
habitat (DEA ES-7).
On August 20, 2002, the final rule (67
FR 54026) designated eight stream
segments and associated tributaries,
springs and seeps, and adjacent riparian
areas on the island of Kauai totaling
12.28 miles of stream channel and 4,479
acres (1,813 ha) as critical habitat for
Newcomb’s snail. It was determined
that the designation could result in
potential economic effects of $28,500,
with $19,500 of this cost attributable to
critical habitat. No critical habitat units
in the proposed rule were excluded or
modified in the final rule because of
economic impacts.
The Na Pali Coast Streams/Critical
Habitat Unit I designated as critical
habitat for the Newcomb’s snail (67 FR
54054), encompasses 609 acres (246
ha)). This unit is under State ownership
and partially overlaps with three of the
proposed critical habitat areas in this
rule (Dry Cliff – Section 2, Lowland
Mesic – Section 2, and Lowland Mesic
– Section 4; see Table 5 for crossreference with critical habitat unit
numbers in the CFR). Of the $19,500 in
potential costs that were identified in
the Newcomb’s snail final critical
habitat designation, we estimate that
$1,574 could be attributable to the area
overlapping this proposal. The three
critical habitat areas identified above
also overlap with areas that were
designated as critical habitat in the 2003
final rule for 83 Kauai plants.
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
The PCEs described in the 2003 rule
and those for the 47 species
prop!osedhere are similar. Because of
this similarity, no additional economic
costs are anticipated for the 26,026 acres
(10,523 ha) of proposed critical habitat
that overlaps with the 2003 rule beyond
those identified in the previous
economic analyses. Any management
actions that may be necessary to avoid
adverse modification of the existing
critical habitat and PCEs in the 26,026
overlapping acres (10,532 ha) would
likely coincidentally be adequate to
avoid adverse modification of critical
habitat for the additional species being
considered in this proposed rule.
Furthermore, in both cases the adverse
modification standard considered both
the conservation and recovery of the
species as the goal of critical habitat. We
are unaware of any new potential
impacts in these overlap areas that were
not considered in the previous
economic analyses, but are seeking
updated information from the public
during the comment period on this
proposed rule.
We are proposing to designate as
critical habitat approximately 1,646
acres (667 ha) in six ecosystem areas
that do not completely overlap with
existing critical habitat units designated
in the final rules for the 83 Kauai
species and/or Newcomb’s snail.
Montane Mesic – Section 2 includes 7.8
acres (3.16 ha) classified as State Parks
and Recreation lands; Montane Mesic –
Section 3 includes 138 acres (55.8 ha)
classified as State Forest Reserve lands;
Montane Wet – Section 1 includes 1,116
acres (452 ha) classified as State Forest
Reserve lands (the remainder of the unit
is classified as State Conservation Area);
Wet Cliff – Section 2 includes 296 acres
(3 ha) classified as State Forest Reserve
lands; Lowland Wet – Section 1
includes 65 acres (26.3) in the Limahuli
Garden and Preserve, which is owned
by the National Tropical Botanical
Garden (NTBG); and Wet Cliff – Section
3 includes 23 acres of privately owned
land (see Table 5 for cross-reference
with critical habitat unit numbers in the
CFR). There is no history of section 7
!consultation in these areas, nor are we
aware of any planned activities in any
of these areas that would require section
7 consultation in the future. To the
extent there may be consultations in the
future on, for example, Federal grants to
assist the NTBG in managing its lands
or maintenance of an existing power
transmission line on the private land in
Wet Cliff – Section 3, any additional
costs are expected to be minimal.
However, we are also seeking public
comment on the potential costs of
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
critical habitat designation in these
areas.
In summary, the areas being proposed
as critical habitat are remote, lack
development potential, and overlap
with existing critical habitat units by
approximately 94 percent. The
economic analyses for the 83 Kauai
plants and the Newcomb’s snail final
critical habitat rules took into account
the potential economic costs of critical
habitat designation over a 10–year
timeframe (2002-2012). We have
determined that over that timeframe,
$38,862 to $294,604 in costs could be
attributable to critical habitat
designation in the units that overlap
with the critical habitat areas proposed
in this rule. Moreover, since these
designations in 2002 and 2003, we have
had no section 7 consultations for any
of those overlapping lands. The
management actions that may be
necessary to avoid adverse modification
in existing critical habitat units would
likely also be adequate to avoid adverse
modification of critical habitat being
proposed for the 47 Kauai species in
this rule because of the similar PCEs,
and in both cases the consideration of
possible adverse modification similarly
holds to the standard of species
recovery. The remaining 6 percent
(1,646 acres, 667 ha) of land we are
proposing as critical habitat in this rule
that does not overlap with existing
critical habitat is managed as State Parks
and Recreation Land (7.8 acres, 3.16 ha),
State Forest Reserve (1,550 acres, 627
ha), or is owned by private individuals
(88 acres, 35.6 ha). We have no section
7 consultat!ionhistory in these areas and
are unaware of any planned activities
that would require consultation.
Our draft analysis of the potential
economic impacts posed by the critical
habitat designation proposed here is
available by mail from the Pacific
Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT) or for
download at https://
www.regulations.gov.
We do not anticipate more than
minimal (if any) economic or other
impacts that would be additive to those
already identified above. To ensure that
our final critical habitat determination
is based on the best available data, we
are requesting updated information on
potential effects of this additional
designation in overlap areas, as well as
information on potential impacts from
critical habitat designation on lands not
currently designated (e.g., the nonoverlap areas), during the comment
period. We will fully consider any new
information or data in our final
determination. We are hereby soliciting
comments from the public on any
PO 00000
Frm 00067
Fmt 4701
Sfmt 4702
62657
potential economic or other impacts of
this proposed critical habitat
designation (see ‘‘Public Comments’’
section). We are not proposing to
exclude any areas under section 4(b)(2)
of the Act at this time. However, based
on public comment on this proposed
critical habitat designation, we may
exclude areas from the final critical
habitat designation under section 4(b)(2)
of the Act.
Peer Review
In accordance with our joint policy
published in the Federal Register on
July 1, 1994 (59 FR 34270), we are
obtaining the expert opinions of at least
three appropriate independent
specialists regarding this proposed rule.
The purpose of peer review is to ensure
that our critical habitat designation is
based on scientifically sound data,
assumptions, and analyses. We have
posted our proposed peer review plan
on our website at https://www.fws.gov/
pacific/informationquality/index.htm.
We will send these peer reviewers
copies of this proposed rule,
immediately following publication in
the Federal Register. We have invited
these peer reviewers to comment during
this public comment period on our
specific assumptions and conclusions in
this proposed designation of critical
habitat.
We will consider all comments and
information we receive during the
comment period on this proposed rule
during our preparation of a final
determination. Accordingly, our final
decision may differ from this proposal.
Public Hearings
The Act provides for one or more
public hearings on this proposal, if we
receive any requests for hearings. We
must receive your request for a public
hearing within 45 days after the date of
this Federal Register publication. Send
your request to the person named in the
FOR FURTHER INFORMATION CONTACT
section, above. We will schedule public
hearings on this proposal, if any are
requested, and announce the dates,
times, and place of the hearing, as well
as how to obtain reasonable
accommodations, in the Federal
Register and local newspapers at least
15 days before the first public hearing.
Persons needing reasonable
accommodations to attend and
participate in a public hearing should
contact the Pacific Islands Fish and
Wildlife Office at (808) 792-9400 as
soon as possible. To allow sufficient
time to process requests, please call no
later than one week before the hearing
date. Information regarding this
E:\FR\FM\21OCP2.SGM
21OCP2
62658
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
proposal is available in alternative
formats upon request.
Required Determinations
Regulatory Planning and Review
The Office of Management and Budget
(OMB) has determined that this rule is
not significant under Executive Order
12866 (E.O. 12866). OMB bases its
determination upon the following four
criteria:
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
jlentini on PROD1PC65 with PROPOSALS2
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency must
publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effects of the rule on small
entities (small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of the agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. SBREFA amended RFA to
require Federal agencies to provide a
statement of the factual basis for
certifying that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small
organizations, such as independent
nonprofit organizations; small
governmental jurisdictions, including
school boards and city and town
governments that serve fewer than
50,000 residents; as well as small
businesses. Small businesses include
manufacturing and mining concerns
with fewer than 500 employees,
wholesale trade entities with fewer than
100 employees, retail and service
businesses with less than $5 million in
annual sales, general and heavy
construction businesses with less than
$27.5 million in annual business,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
special trade contractors doing less than
$11.5 million in annual business, and
agricultural businesses with annual
sales less than $750,000. To determine
if potential economic impacts to these
small entities are significant, we
consider the types of activities that
might trigger regulatory impacts under
this rule, as well as the types of project
modifications that may result. In
general, the term ‘‘significant economic
impact’’ is meant to apply to a typical
small business firm’s business
operations.
To determine if a designation of
critical habitat could significantly affect
a substantial number of small entities,
we consider the number of small
entities affected within particular types
of economic activities (e.g., housing
development, grazing, oil and gas
production, timber harvesting). We
apply the ‘‘substantial number’’ test
individually to each industry to
determine if certification is appropriate.
However, the SBREFA does not
explicitly define ‘‘substantial number’’
or ‘‘significant economic impact.’’
Consequently, to assess whether a
‘‘substantial number’’ of small entities is
affected by this designation, this
analysis considers the relative number
of small entities likely to be impacted in
an area. In some circumstances,
especially with critical habitat
designations of limited extent, we may
aggregate across all industries and
consider whether the total number of
small entities affe!cted issubstantial. In
estimating the number of small entities
potentially affected, we also consider
whether their activities have any
Federal involvement.
Designation of critical habitat only
affects activities carried out, funded, or
permitted by Federal agencies. Some
kinds of activities are unlikely to have
any Federal involvement and so will not
be affected by critical habitat
designation. If there is a Federal nexus,
Federal agencies will be required to
consult with us under section 7 of the
Act on activities they fund, permit, or
carry out that may affect critical habitat.
If we conclude, in a biological opinion,
that a proposed action is likely to
destroy or adversely modify critical
habitat, we can offer ‘‘reasonable and
prudent alternatives.’’ Reasonable and
prudent alternatives are alternative
actions that can be implemented in a
manner consistent with the scope of the
Federal agency’s legal authority and
jurisdiction, that are economically and
technologically feasible, and that would
avoid destroying or adversely modifying
critical habitat. A Federal agency and an
applicant may elect to implement a
reasonable and prudent alternative
PO 00000
Frm 00068
Fmt 4701
Sfmt 4702
associated with a biological opinion that
has found adverse modification of
critical habitat. An agency or applicant
could alternatively choose to seek an
exemption from the requirements of the
Act or proceed without implementing
the reasonable and prudent alternative.
However, unless an exemption were
obtained, the Federal agency or
applicant would be at risk of violating
section 7(a)(2) of the Act if it chose to
proceed without implementing the
reasonable and prudent alternatives. We
may also identify discretionary
conservation recommendations
designed to minimize or avoid the
adverse effects of a proposed action on
critical habitat, help implement
recovery plans, or to develop
information that could contribute to the
recovery of the species.
Within the proposed critical habitat
designation, the types of actions or
authorized activities that we have
identified as potential concerns and that
are subject to consultation under section
7 if there is a Federal nexus include:
• Activities that might degrade or
destroy the primary constituent
elements for the species including, but
not limited to, the following: Grazing;
maintaining or increasing feral ungulate
levels; clearing or cutting native live
trees and shrubs (e.g., woodcutting,
bulldozing, construction, road building,
mining, herbicide application); and
taking actions that pose a risk of fire.
• Activities that may alter watershed
characteristics in ways that would
reduce groundwater recharge or alter
natural, wetland, or vegetative
communities. Such activities include
new water diversion or impoundment,
groundwater pumping, and
manipulation of vegetation through
activities such as the ones mentioned
above.
• Recreational activities that may
degrade vegetation.
• Mining sand or other minerals.
• Introducing or encouraging the
spread of nonnative plant species.
• Importing nonnative species for
research, agriculture, and aquaculture,
and releasing biological control agents.
None of the proposed critical habitat
units contains significant residential,
commercial, industrial, or golf-course
projects; crop farming; or intensive
livestock operations. Few projects are
planned for locations in the proposed
critical habitat. This situation reflects
the fact that (1) most of the land is
unsuitable for development, farming, or
other economic activities due to the
rugged mountain terrain, lack of access,
and remote locations; and (2) existing
land-use controls severely limit
development and most other economic
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
activities in the mountainous interior of
Kauai. Although some existing and
continuing activities involve the
operation and maintenance of existing
manmade features and structures in
certain areas, these areas do not contain
the primary constituent elements for the
species, and would not be impacted by
the designation. Any existing and
planned projects, land uses, and
activities that could affect the proposed
critical habitat but have no Federal
involvement would not require section
7 consultation with the Service, so they
are not restricted by the requirements of
the Act. Finally, for the anticipated
projects and activities that will have
Federal involvement, many are
conservation efforts that will not
negatively impact the species or their
habitat, so they will be subject to a
minimal level of informal section 7
consultation. We anticipate that a
developer or other project proponent
could modify a project or take measures
to protect the 47 Kauai species. The
kinds of actions that may be included if
future reasonable and prudent
alternatives become necessary include
conservation set-asides, management of
competing nonnative species,
restoration of degraded habitat, and
regular monitoring. These measures are
not likely to result in a significant
economic impact to project proponents.
In addition, Federal agencies may also
need to reinitiate a previous
consultation if discretionary
involvement or control over the Federal
action has been retained or is authorized
by law and the activities may affect
critical habitat. However, between 2002
and 2007, there have been no formal
consultations and 55 informal
consultations on Kauai, in addition to
consultations on Federal grants to State
wildlife programs (which would not
affect small entities). The majority of the
consultations were related to project
effects on seabird flyways, nesting by
endangered waterbirds, or roosting by
the endangered Hawaiian hoary bat or
ope ape a. Several consultations were
conducted with the U.S. Department of
Agriculture (Natural Resources
Conservation Service (NRCS)) for
proposed funding for habitat restoration
projects under the auspices of the
Wildlife Habitat Incentives Program
(WHIP), and one was conducted with
the Navy for weed removal at the Pacific
Missile Range Facility (PMRF). Five of
the 55 informal consultations concerned
designated critical habitat, and we
concurred with each agency’s
determination that the project, as
proposed, was not likely to adversely
affect critical habitat. In this rule, we are
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
proposing to designate critical habitat
on a total of 27,674 ac (11,199 ha) of
land. Ninety-four percent (26,028 ac
(10,533 ha)) of this proposed critical
habitat designation is already
designated critical habitat for one or
more species, and six percent (1,646 ac
(666 ha)) of the proposed designation is
on lands newly proposed as critical
habitat. However, none of the Federal
actions that were subject to previous
section 7 consultation are on the lands
we are proposing as critical habitat in
this rule. Therefore, there is no
requirement to reinitiate consultation
for any ongoing Federal projects.
Moreover, in the 2001 economic
analysis of the designation of critical
habitat for 83 species of plants from the
islands of Kauai and Niihau, we
evaluated the potential economic effects
on s!mall business entities resulting
from the protection of these plant
species and their habitat related to the
proposed designation of critical habitat
and determined that it would not have
a significant economic impact on a
substantial number of small entities.
The RFA/SBREFA defines ‘‘small
governmental jurisdiction’’ as the
government of a city, county, town,
school district, or special district with a
population of less than 50,000. By this
definition, Kauai County is not a small
governmental jurisdiction because its
population was 58,463 in 2000. Certain
State agencies may be affected by the
proposed critical habitat designation—
such as the Department of Land and
Natural Resources and the State
Department of Transportation. However,
for the purposes of the RFA, State
governments are considered
independent sovereigns, not small
governments. Because of Federal
involvement, The Nature Conservancy
in Hawaii (TNC) and the National
Tropical Botanical Gardens (NTBG)
could be affected by the proposed
critical habitat designation and would
possibly be considered to be small
organizations. The SBREFA defines
‘‘small organization’’ as any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. We determined
that TNC and NTBG are both large
organizations that are dominant in
Kauai County in their respective fields.
The significant overlap between the
critical habitat designation for the 83
species and this proposed critical
habitat designation is further evidence
that this proposal will not have a
significant economic impact on a
substantial number of small entities.
We have made an initial RFA finding
that the proposed designation of critical
habitat for the 47 species will not have
PO 00000
Frm 00069
Fmt 4701
Sfmt 4702
62659
a significant effect on a substantial
number of small entities, for the reasons
described above. However, we will defer
making a final RFA finding in order to
allow the public an opportunity to
comment on potential economic
consequences of this critical habitat
proposal.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we make the following findings:
(a) This designation of critical habitat
will not produce a Federal mandate. In
general, a Federal mandate is a
provision in legislation, statute, or
regulation that would impose an
enforceable duty upon State, local, or
Tribal governments, or the private
sector, and includes both ‘‘Federal
intergovernmental mandates’’ and
‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)-(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or Tribal
governments’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and Tribal governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or Tribal
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:
Medicaid; AFDC work programs; Child
Nutrition; Food Stamps; Social Services
Block Grants; Vocational Rehabilitation
State Grants; Foster Care, Adoption
Assistance, and Independent Living;
Family Support Welfare Services; and
Child Support Enforcement. ‘‘Federal
private sector mandate’’ includes a
regulation that ‘‘would impose an
enforceable duty upon the private
sector, except (i) a condition of Federal
assistance or (ii) a duty arising from
participation in a voluntary Federal
program.’’
(b) The designation of critical habitat
does not impose a legally binding duty
on non-Federal Government entities or
private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. While non-
E:\FR\FM\21OCP2.SGM
21OCP2
62660
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
more clearly defined, and the primary
constituent elements of the habitat
necessary to the conservation of the
species would be specifically identified.
This information would not alter where
and what federally sponsored activities
may occur. However, it may assist local
governments in long-range planning
(rather than having them wait for caseby-case section 7 consultations to
occur).
Takings
In accordance with E.O. 12630
(Government Actions and Interference
with Constitutionally Protected Private
Property Rights), we have analyzed the
potential takings implications of
designating critical habitat for each of
the 47 species in a takings implications
assessment. The takings implications
assessment concludes that this
designation of critical habitat for each of
these species does not pose significant
takings implications for lands within or
affected by the proposed designation.
jlentini on PROD1PC65 with PROPOSALS2
Federal entities that receive Federal
funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would
not apply, nor would critical habitat
shift the costs of the large entitlement
programs listed above onto State
governments.
We do not believe that this rule will
significantly or uniquely affect small
governments. The lands we are
proposing for critical habitat
designation are owned by the State of
Hawaii and private citizens. None of
these entities fit the definition of ‘‘small
governmental jurisdiction.’’ Therefore, a
Small Government Agency Plan is not
required.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
Federalism
In accordance with E.O. 13132
(Federalism), this proposed rule does
not have significant Federalism effects.
A Federalism assessment is not
required. In keeping with Department of
the Interior and Department of
Commerce policy, we requested
information from, and coordinated
development of, this proposed critical
habitat designation with appropriate
State resource agencies in Hawaii. The
designation of critical habitat for each of
these species (excluding Pritchardia
hardyi for which no critical habitat has
been proposed) would impose no
additional restrictions to those currently
in place and, therefore, would have
little incremental impact on State and
local governments and their activities.
The designation may have some benefit
to these governments because the areas
that contain the features essential to the
conservation of the species would be
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Civil Justice Reform
In accordance with E.O. 12988 (Civil
Justice Reform), the Office of the
Solicitor has determined that the rule
does not unduly burden the judicial
system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. We have issued this
proposed critical habitat designation in
accordance with the provisions of the
Act. This proposed rule uses standard
property descriptions and identifies the
primary constituent elements within the
designated areas to assist the public in
understanding the habitat needs of each
of the species being considered in this
proposed rule.
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
It is our position that, outside the
jurisdiction of the United States Court of
Appeals for the Tenth Circuit, we do not
need to prepare environmental analyses
as defined by NEPA (42 U.S.C. 4321 et
seq.) in connection with designating
critical habitat under the Act. We
published a notice outlining our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244). This assertion was upheld by
the United States Court of Appeals for
the Ninth Circuit (Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. 1995),
cert. denied 516 U.S. 1042 (1996)).
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
PO 00000
Frm 00070
Fmt 4701
Sfmt 4702
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Government-to-Government
Relationship with Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
We have determined that there are no
Tribal lands essential for the
conservation of the 48 Kauai species.
Therefore, this proposed designation of
critical habitat does not involve any
Tribal lands.
Energy Supply, Distribution, or Use
On May 18, 2001, the President issued
an Executive Order (E.O. 13211; Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use) on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. This proposed rule to
designate critical habitat for 47 of the 48
species is not a significant regulatory
action under E.O. 12866 and we do not
expect it to significantly affect energy
supplies, distribution, or use because
E:\FR\FM\21OCP2.SGM
21OCP2
62661
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
these areas are not presently used for
energy production, and we are unaware
of any future plans in this regard.
Therefore, this action is not a significant
energy action, and no Statement of
Energy Effects is required.
References Cited
Proposed Regulation Promulgation
A complete list of references cited in
this rule is available upon request from
the Field Supervisor, Pacific Islands
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT, above)
or at https://www.regulations.gov.
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.
List of Subjects in 50 CFR Part 17
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
Author(s)
The authors of this document are the
staff of the Fish and Wildlife Service.
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements, and
Transportation.
PART 17—[AMENDED]
Historic range
*
Scientific name
*
§ 17.11 Endangered and threatened
wildlife.
1. The authority citation for part 17
continues to read as follows:
Species
Common name
2.Amend § 17.11(h), the List of
Endangered and Threatened Wildlife, as
follows:
a. By adding entries for ‘‘Akekee
(honeycreeper)’’ and ‘‘Akikiki
(honeycreeper)’’ in alphabetical order
under BIRDS; and
b. By adding an entry for ‘‘Fly,
Hawaiian picture-wing’’ (Drosophila
attigua) in alphabetical order under
INSECTS, to read as set forth below.
Vertebrate population where
endangered or
threatened
*
Status
*
*
*
*
(h) * * *
When listed
*
*
Critical habitat
*
Special rules
*
*
BIRDS
Akekee
(honeycreeper)
*
U.S.A. (HI)
*
Akikiki
(honeycreeper)
*
Loxops
caeruleirostris
Oreomystis
bairdi
Entire
E
*
U.S.A. (HI)
*
*
Entire
17.95(b)
*
*
E
*
*
NA
*
17.95(b)
NA
*
*
*
*
*
*
INSECTS
*
Fly, Hawaiian
picture-wing
*
*
Drosophila
attigua
*
U.S.A.
(HI)
*
jlentini on PROD1PC65 with PROPOSALS2
16:54 Oct 20, 2008
NA
E
*
3. Amend § 17.12(h), the List of
Endangered and Threatened Plants, as
follows:
a. By adding entries for Astelia
waialealae, Canavalia napaliensis,
Chamaesyce eleanoriae, Chamaesyce
remyi var. kauaiensis, Chamaesyce
remyi var. remyi, Charpentiera
densiflora, Cyanea dolichopoda, Cyanea
eleeleensis, Cyanea kolekoleensis,
Cyanea kuhihewa, Cyrtandra
oenobarba, Cyrtandra paliku, Dubautia
imbricata ssp. imbricate, Dubautia
kalalauensis, Dubautia kenwoodii,
VerDate Aug<31>2005
*
Jkt 217001
*
17.95(i)
*
Dubautia plantaginea ssp. magnifolia,
Dubautia waialealae, Geranium
kauaiense, Keysseria erici, Keysseria
helenae, Labordia helleri, Labordia
pumila, Lysimachia daphnoides,
Lysimachia iniki, Lysimachia pendens,
Lysimachia scopulensis, Lysimachia
venosa, Melicope degeneri, Melicope
paniculata, Melicope puberula, Myrsine
knudsenii, Myrsine mezii, Phyllostegia
renovans, Pittosporum napaliense,
Platydesma rostrata, Pritchardia hardyi,
Psychotria grandiflora, Psychotria
hobdyi, Schiedea attenuata, Stenogyne
PO 00000
Frm 00071
Fmt 4701
Sfmt 4702
NA
*
*
kealiae, Tetraplasandra bisattenuata,
and Tetraplasandra flynnii in
alphabetical order under FLOWERING
PLANTS; and
b. By adding entries for Diellia
mannii, Doryopteris angelica, and
Dryopteris crinalis var. podosorus in
alphabetical order under FERNS AND
ALLIES, to read as set forth below.
§ 17.12
*
Endangered and threatened plants.
*
*
(h) * * *
E:\FR\FM\21OCP2.SGM
21OCP2
*
*
62662
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Species
Historic range
Scientific name
Family
Status
Common name
When
listed
Critical
habitat
Special
rules
FLOWERING PLANTS
*******
Astelia waialealae
Painiu
U.S.A. (HI)
Asteliaceae
E
17.99(a)
NA
Awikiwiki
U.S.A. (HI)
Fabaceae
E
17.99(a)
NA
Akoko
U.S.A. (HI)
Euphorbiaceae
E
17.99(a)
NA
Chamaesyce remyi
var. kauaiensis
Akoko
U.S.A. (HI)
Euphorbiaceae
E
17.99(a)
NA
Chamaesyce remyi
var. remyi
Akoko
U.S.A. (HI)
Euphorbiaceae
E
17.99(a)
NA
Papala
U.S.A. (HI)
Amaranathaceae
E
17.99(a)
NA
Haha
U.S.A. (HI)
Campanulaceae
E
17.99(a)
NA
Haha
U.S.A. (HI)
Campanulaceae
E
17.99(a)
NA
Haha
U.S.A. (HI)
Campanulaceae
E
17.99(a)
NA
Haha
U.S.A. (HI)
Campanulaceae
E
17.99(a)
NA
Cyrtandra oenobarba
Haiwale
U.S.A. (HI)
Gesneriaceae
E
17.99(a)
NA
Cyrtandra paliku
Haiwale
U.S.A. (HI)
Gesneriaceae
E
17.99(a)
NA
Dubautia imbricata
ssp. imbricata
Naenae
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Dubautia kalalauensis
Naenae
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Dubautia kenwoodii
Naenae
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Dubautia plantaginea
ssp. magnifolia
Naenae
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Dubautia waialealae
Naenae
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Nohoanu
U.S.A. (HI)
Geraniaceae
E
17.99(a)
NA
No common name
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
*******
Canavalia napaliensis
*******
Chamaesyce
eleanoriae
*******
*******
Charpentiera
densiflora
*******
Cyanea dolichopoda
*******
Cyanea eleeleensis
*******
Cyanea kolekoleensis
*******
Cyanea kuhihewa
*******
*******
jlentini on PROD1PC65 with PROPOSALS2
*******
*******
Geranium kauaiense
*******
Keysseria erici
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00072
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Species
Historic range
Family
Status
When
listed
Critical
habitat
62663
Special
rules
Scientific name
Common name
Keysseria helenae
No common name
U.S.A. (HI)
Asteraceae
E
17.99(a)
NA
Kamakahala
U.S.A. (HI)
Loganiaceae
E
17.99(a)
NA
Kamakahala
U.S.A. (HI)
Loganiaceae
E
17.99(a)
NA
Lehua makanoe
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
No common name
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
Lysimachia pendens
No common name
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
Lysimachia
scopulensis
No common name
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
Lysimachia venosa
No common name
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
Alani
U.S.A. (HI)
Rutaceae
E
17.99(a)
NA
Melicope paniculata
Alani
U.S.A. (HI)
Rutaceae
E
17.99(a)
NA
Melicope puberula
Alani
U.S.A. (HI)
Rutaceae
E
17.99(a)
NA
Kolea
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
Kolea
U.S.A. (HI)
Myrsinaceae
E
17.99(a)
NA
No common name
U.S.A. (HI)
Lamiaceae
E
17.99(a)
NA
Hoawa
U.S.A. (HI)
Pittosporaceae
E
17.99(a)
NA
Pilo kea lau lii
U.S.A. (HI)
Rutaceae
E
17.99(a)
NA
Loulu
U.S.A. (HI)
Arecaceae
E
NA
NA
Psychotria grandiflora
Kopiko
U.S.A. (HI)
Rubiaceae
E
17.99(a)
NA
Psychotria hobdyi
Kopiko
U.S.A. (HI)
Rubiaceae
E
17.99(a)
NA
No common name
U.S.A. (HI)
Caryophyllaceae
E
17.99(a)
NA
*******
Labordia helleri
*******
Labordia pumila
*******
Lysimachia
daphnoides
*******
Lysimachia iniki
*******
*******
Melicope degeneri
*******
*******
Myrsine knudsenii
*******
Myrsine mezii
*******
Phyllostegia renovans
*******
Pittosporum
napaliense
*******
Platydesma rostrata
*******
Pritchardia hardyi
jlentini on PROD1PC65 with PROPOSALS2
*******
*******
Schiedea attenuata
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00073
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62664
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Species
Historic range
Scientific name
Family
Status
Common name
When
listed
Critical
habitat
Special
rules
*******
Stenogyne kealiae
No common name
U.S.A. (HI)
Lamiaceae
E
17.99(a)
NA
Tetraplasandra
bisattenuata
No common name
U.S.A. (HI)
Araliaceae
E
17.99(a)
NA
Tetraplasandra flynnii
No common name
U.S.A. (HI)
Araliaceae
E
17.99(a)
NA
No common name
U.S.A. (HI)
Aspleniaceae
E
17.99(a)
NA
Doryopteris angelica
No common name
U.S.A. (HI)
Pteridaceae
E
17.99(a)
NA
Dryopteris crinalis var.
podosorus
Palapalai aumakua
U.S.A. (HI)
Dryopteridaceae
E
17.99(a)
NA
*******
*******
FERNS AND ALLIES
*******
Diellia mannii
*******
*******
4. Amend § 17.95 as follows:
a. In paragraph (b), by adding critical
habitat for ‘‘Akekee (Loxops
caeruleirostris)’’ and ‘‘Akikiki
(Oreomystis bairdi)’’ in the same
alphabetical order as these species occur
in the table at § 17.11(h); and
b. In paragraph (i), by adding critical
habitat for ‘‘Hawaiian picture-wing fly
(Drosophila attigua)’’ in the same
alphabetical order as this species occurs
in the table at § 17.11(h), to read as set
forth below.
§ 17.95
Critical habitat—fish and wildlife.
*
*
*
*
(b) Birds.
Akekee (Loxops caeruleirostris)
(1) Critical habitat units are depicted
for Kauai County, Hawaii, on the maps
below.
(2) Primary constituent elements.
(i) In units 1, 2, and 3, the primary
constituent elements of critical habitat
for Akekee (Loxops caeruleirostris) are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
jlentini on PROD1PC65 with PROPOSALS2
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(G) Arthropod prey.
(ii) In units 4, 5, and 6, the primary
constituent elements of critical habitat
for Akekee (Loxops caeruleirostris) are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
PO 00000
Frm 00074
Fmt 4701
Sfmt 4702
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(G) Arthropod prey.
(3) Existing manmade features and
structures, such as buildings, roads,
railroads, airports, runways, other paved
areas, lawns, and other urban
landscaped areas, do not contain one or
more of the primary constituent
elements. Federal actions limited to
those areas, therefore, would not trigger
a consultation under section 7 of the Act
unless they may affect the species or
primary constituent elements in
adjacent critical habitat.
(4) Critical habitat maps. Maps were
created in GIS, with coordinates in UTM
Zone 4, units in meters using North
American datum of 1983 (NAD 83).
(5) Index map of critical habitat units
for Akekee (Loxops caeruleirostris)
follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
VerDate Aug<31>2005
18:16 Oct 20, 2008
Jkt 214001
(i) [Reserved for textual description of
unit.]
PO 00000
Frm 00075
Fmt 4701
Sfmt 4702
(ii) Map of Unit 1 for Akekee (Loxops
caeruleirostris) follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.013
jlentini on PROD1PC65 with PROPOSALS2
(6) Unit 1, Kauai County, Hawaii.
62665
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(7) Unit 2, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 2 for Akekee (Loxops
caeruleirostris) follows:
PO 00000
Frm 00076
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.014
jlentini on PROD1PC65 with PROPOSALS2
62666
(8) Unit 3, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
62667
(ii) Map of Unit 3 for Akekee (Loxops
caeruleirostris) follows:
PO 00000
Frm 00077
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.015
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(9) Unit 4, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 4 for Akekee (Loxops
caeruleirostris) follows:
PO 00000
Frm 00078
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.016
jlentini on PROD1PC65 with PROPOSALS2
62668
(10) Unit 5, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
62669
(ii) Map of Unit 5 for Akekee (Loxops
caeruleirostris) follows:
PO 00000
Frm 00079
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.017
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(11) Unit 6, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 6 for Akekee (Loxops
caeruleirostris) follows:
PO 00000
Frm 00080
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.018
jlentini on PROD1PC65 with PROPOSALS2
62670
Akikiki (Oreomystis bairdi)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(1) Critical habitat units are depicted
for Kauai County, Hawaii, on the map
below.
PO 00000
Frm 00081
Fmt 4701
Sfmt 4702
62671
(2) The primary constituent elements
of critical habitat for Akikiki
(Oreomystis bairdi) are:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.019
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Arthropod prey.
(3) Existing manmade features and
structures, such as buildings, roads,
railroads, airports, runways, other paved
areas, lawns, and other urban
landscaped areas, do not contain one or
more of the primary constituent
elements. Federal actions limited to
PO 00000
Frm 00082
Fmt 4701
Sfmt 4725
those areas, therefore, would not trigger
a consultation under section 7 of the Act
unless they may affect the species or
primary constituent elements in
adjacent critical habitat.
(4) Critical habitat maps. Maps were
created in GIS, with coordinates in UTM
Zone 4 with units in meters using North
American datum of 1983 (NAD 83).
(5) Index map of critical habitat units
for Akikiki (Oreomystis bairdi) follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.020
62672
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 1 for Akikiki
(Oreomystis bairdi) follows:
PO 00000
Frm 00083
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.021
jlentini on PROD1PC65 with PROPOSALS2
(6) Unit 1, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
62673
62674
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(7) Unit 2, Kauai County, Hawaii.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(i) [Reserved for textual description of
unit.]
PO 00000
Frm 00084
Fmt 4701
Sfmt 4702
(ii) Map of Unit 2 for Akikiki
(Oreomystis bairdi) follows:
E:\FR\FM\21OCP2.SGM
21OCP2
(8) Unit 3, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
62675
(ii) Map of Unit 3 for Akikiki
(Oreomystis bairdi) follows:
PO 00000
Frm 00085
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.022
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00086
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.023
jlentini on PROD1PC65 with PROPOSALS2
62676
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
(i) Insects.
*
*
*
*
*
Hawaiian picture-wing fly
(Drosophila attigua)
(1) Critical habitat units are depicted
for Kauai County, Hawaii, on the maps
below.
(2) Primary constituent elements.
(i) In units 1, 2, and 3, the primary
constituent elements of critical habitat
for Hawaiian picture-wing fly
(Drosophila attigua) are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
jlentini on PROD1PC65 with PROPOSALS2
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(G) Larval host plants (Cheirodendron
sp.).
(ii) In units 4, 5, and 6, the primary
constituent elements of critical habitat
for Hawaiian picture-wing fly
(Drosophila attigua) are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
PO 00000
Frm 00087
Fmt 4701
Sfmt 4702
62677
(G) Larval host plants (Cheirodendron
sp.).
(3) Existing manmade features and
structures, such as buildings, roads,
railroads, airports, runways, other paved
areas, lawns, and other urban
landscaped areas, do not contain one or
more of the primary constituent
elements. Federal actions limited to
those areas, therefore, would not trigger
a consultation under section 7 of the Act
unless they may affect the species or
primary constituent elements in
adjacent critical habitat.
(4) Critical habitat maps. Maps were
created in GIS, with coordinates in UTM
Zone 4 with units in meters using North
American datum of 1983 (NAD 83).
(5) Index map of critical habitat units
for Hawaiian picture-wing fly
(Drosophila attigua) follows:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(6) Unit 1, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 1 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
PO 00000
Frm 00088
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.024
62678
(7) Unit 2, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 2 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
PO 00000
Frm 00089
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62679
EP21oc08.025
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(8) Unit 3, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 3 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
PO 00000
Frm 00090
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.026
jlentini on PROD1PC65 with PROPOSALS2
62680
(9) Unit 4, Kauai County, Hawaii.
VerDate Aug<31>2005
18:16 Oct 20, 2008
Jkt 214001
(i) [Reserved for textual description of
unit.]
PO 00000
Frm 00091
Fmt 4701
Sfmt 4702
62681
(ii) Map of Unit 4 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.027
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(10) Unit 5, Kauai County, Hawaii.
VerDate Aug<31>2005
18:16 Oct 20, 2008
Jkt 214001
(i) [Reserved for textual description of
unit.]
PO 00000
Frm 00092
Fmt 4701
Sfmt 4702
(ii) Map of Unit 5 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.028
jlentini on PROD1PC65 with PROPOSALS2
62682
(11)Unit 6, Kauai County, Hawaii.
(i) [Reserved for textual description of
unit.]
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ii) Map of Unit 6 for Hawaiian
picture-wing fly (Drosophila attigua)
follows:
PO 00000
Frm 00093
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62683
EP21oc08.029
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00094
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.030
jlentini on PROD1PC65 with PROPOSALS2
62684
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
5. Amend § 17.99 as follows:
a. By revising the introductory text of
paragraph (a)(1) to read as set forth
below;
b. By revising paragraph (a)(1)(i) as set
forth below;
c. By redesignating paragraphs
(a)(1)(vi) through (a)(1)(ccxviii) as
paragraphs (a)(1)(viii) through
(a)(1)(ccxx);
d. By adding new paragraphs (a)(1)(vi)
and (a)(1)(vii) to read as set forth below;
e. By redesignating newly designated
paragraphs (a)(1)(ix) through (a)(1)(ccxx)
as paragraphs (a)(1)(x) through
(a)(1)(ccxxi);
f. By adding new paragraph (a)(1)(ix)
to read as set forth below;
g. By redesignating newly designated
paragraphs (a)(1)(xvi) through
(a)(1)(ccxxi) as paragraphs (a)(1)(xix)
through (a)(1)(ccxxiv);
h. By adding new paragraphs
(a)(1)(xvi), (a)(1)(xvii), and (a)(1)(xviii)
to read as set forth below;
i. By redesignating newly designated
paragraphs (a)(1)(xxv) through
(a)(1)(ccxxiv) as paragraphs (a)(1)(xxviii)
through (a)(1)(ccxxvii);
j. By adding new paragraphs
(a)(1)(xxv), (a)(1)(xxvi), and (a)(1)(xxvii)
to read as set forth below;
k. By redesignating newly designated
paragraphs (a)(1)(xxix) through
(a)(1)(ccxxvii) as paragraphs (a)(1)(xxx)
through (a)(1)(ccxxviii);
l. By adding a new paragraph
(a)(1)(xxix) to read as set forth below;
m. By redesignating newly designated
paragraphs (a)(1)(xxxiv) through
(a)(1)(ccxxviii) as paragraphs
(a)(1)(xxxviii) through (a)(1)(ccxxxii);
n. By adding new paragraphs
(a)(1)(xxxiv), (a)(1)(xxxv), (a)(1)(xxxvi),
and (a)(1)(xxxvii) to read as set forth
below;
o. By redesignating newly designated
paragraphs (a)(1)(xxxix) through
(a)(1)(ccxxxii) as paragraphs (a)(1)(xli)
through (a)(1)(ccxxxiv);
p. By adding new paragraphs
(a)(1)(xxxix) and (a)(1)(xl) to read as set
forth below;
q. By redesignating newly designated
paragraphs (a)(1)(xlii) through
(a)(1)(ccxxxiv) as paragraphs (a)(1)(xliii)
through (a)(1)(ccxxxv);
r. By adding a new paragraph
(a)(1)(xlii) to read as set forth below;
s. By redesignating newly designated
paragraphs (a)(1)(xlviii) through
(a)(1)(ccxxxv) as paragraphs (a)(1)(li)
through (a)(1)(ccxxxviii);
t. By adding new paragraphs
(a)(1)(xlviii), (a)(1)(xlix), and (a)(1)(l) to
read as set forth below;
u. By redesignating newly designated
paragraphs (a)(1)(liii) through
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(a)(1)(ccxxxviii) as paragraphs (a)(1)(liv)
through (a)(1)(ccxxxix);
v. By adding a new paragraph
(a)(1)(liii) to read as set forth below;
w. By redesignating newly designated
paragraphs (a)(1)(lvii) through
(a)(1)(ccxxxix) as paragraphs (a)(1)(lviii)
through (a)(1)(ccxl);
x. By adding a new paragraph
(a)(1)(lvii) to read as set forth below;
y. By redesignating newly designated
paragraphs (a)(1)(lix) through
(a)(1)(ccxl) as paragraphs (a)(1)(lxv)
through (a)(1)(ccxlvi);
z. By adding new paragraphs
(a)(1)(lix), (a)(1)(lx), (a)(1)(lxi),
(a)(1)(lxii), (a)(1)(lxiii), and (a)(1)(lxiv) to
read as set forth below;
aa. By redesignating newly designated
paragraphs (a)(1)(lxvi) through
(a)(1)(ccxlvi) as paragraphs (a)(1)(lxx)
through (a)(1)(ccl);
bb. By adding new paragraphs
(a)(1)(lxvi), (a)(1)(lxvii), (a)(1)(lxviii),
and (a)(1)(lxix) to read as set forth
below;
cc. By redesignating newly designated
paragraphs (a)(1)(lxxiii) through
(a)(1)(ccl) as paragraphs (a)(1)(lxxix)
through (a)(1)(cclvi);
dd. By adding new paragraphs
(a)(1)(lxxiii), (a)(lxxiv), (a)(1)(lxxv),
(a)(1)(lxxvi), (a)(1)(lxxvii), and
(a)(1)(lxxviii) to read as set forth below;
ee. By redesignating newly designated
paragraphs (a)(1)(lxxx) through
(a)(1)(cclvi) as paragraphs (a)(1)(lxxxii)
through (a)(1)(cclviii);
ff. By adding new paragraphs
(a)(1)(lxxx) and (a)(1)(lxxxi) to read as
set forth below;
gg. By redesignating newly designated
paragraphs (a)(1)(lxxxiii) through
(a)(1)(cclviii) as paragraphs
(a)(1)(lxxxiv) through (a)(1)(cclix);
hh. By adding a new paragraph
(a)(1)(lxxxiii) to read as set forth below;
ii. By redesignating newly designated
paragraphs (a)(1)(lxxxvi) through
(a)(1)(cclix) as paragraphs (a)(1)(xc)
through (a)(1)(cclxiii);
jj. By adding new paragraphs
(a)(1)(lxxxvi), (a)(1)(lxxxvii),
(a)(1)(lxxxviii), and (a)(1)(lxxxix) to read
as set forth below;
kk. By redesignating newly designated
paragraphs (a)(1)(xci) through
(a)(1)(cclxiii) as paragraphs (a)(1)(xcii)
through (a)(1)(cclxiv);
ll. By adding a new paragraph
(a)(1)(xci) to read as set forth below;
mm. By redesignating newly
designated paragraphs (a)(1)(xciii)
through (a)(1)(cclxiv) as paragraphs
(a)(1)(xciv) through (a)(1)(cclxv);
nn. By adding a new paragraph
(a)(1)(xciii) to read as set forth below;
oo. By redesignating newly designated
paragraphs (a)(1)(xcv) through
PO 00000
Frm 00095
Fmt 4701
Sfmt 4702
62685
(a)(1)(cclxv) as paragraphs (a)(1)(cii)
through (a)(1)(cclxxii);
pp. By adding new paragraphs
(a)(1)(xcv), (a)(1)(xcvi), (a)(1)(xcvii),
(a)(1)(xcviii), (a)(1)(xcix), (a)(1)(c), and
(a)(1)(ci) to read as set forth below;
qq. By redesignating newly designated
paragraphs (a)(1)(ciii) through
(a)(1)(cclxxii) as paragraphs (a)(1)(civ)
through (a)(1)(cclxxiii);
rr. By adding a new paragraph
(a)(1)(ciii) to read as set forth below;
ss. By redesignating newly designated
paragraphs (a)(1)(cv) through
(a)(1)(cclxxiii) as paragraphs (a)(1)(cvii)
through (a)(1)(cclxxv);
tt. By adding new paragraphs
(a)(1)(cv) and (a)(1)(cvi) to read as set
forth below;
uu. By redesignating newly
designated paragraphs (a)(1)(cviii)
through (a)(1)(cclxxv) as paragraphs
(a)(1)(cxii) through (a)(1)(cclxxix);
vv. By adding new paragraphs
(a)(1)(cviii), (a)(1)(cix), (a)(1)(cx), and
(a)(1)(cxi) to read as set forth below;
ww. By redesignating newly
designated paragraphs (a)(1)(cxiii)
through (a)(1)(cclxxix) as paragraphs
(a)(1)(cxvi) through (a)(1)(cclxxxii);
xx. By adding new paragraphs
(a)(1)(cxiii), (a)(1)(cxiv), and (a)(1)(cxv)
to read as set forth below;
yy. By redesignating newly designated
paragraphs (a)(1)(cxxix) through
(a)(1)(cclxxxii) as paragraphs
(a)(1)(cxxx) through (a)(1)(cclxxxiii);
zz. By adding a new paragraph
(a)(1)(cxxix) to read as set forth below;
aaa. By redesignating newly
designated paragraphs (a)(1)(cxxxii)
through (a)(1)(cclxxxiii) as paragraphs
(a)(1)(cxxxiii) through (a)(1)(cclxxxiv);
bbb. By adding a new paragraph
(a)(1)(cxxxii) to read as set forth below;
ccc. By redesignating newly
designated paragraphs (a)(1)(cxxxiv)
through (a)(1)(cclxxxiv) as paragraphs
(a)(1)(cxxxvi) through (a)(1)(cclxxxvi);
ddd. By adding new paragraphs
(a)(1)(cxxxiv) and (a)(1)(cxxxv) to read
as set forth below;
eee. By redesignating newly
designated paragraphs (a)(1)(cxxxix)
through (a)(1)(cclxxxvi) as paragraphs
(a)(1)(cxlviii) through (a)(1)(ccxcv);
fff. By adding new paragraphs
(a)(1)(cxxxix), (a)(1)(cxl), (a)(1)(cxli),
(a)(1)(cxlii), (a)(1)(cxliii), (a)(1)(cxliv),
(a)(1)(cxlv), (a)(1)(cxlvi), and
(a)(1)(cxlvii) to read as set forth below;
ggg. By redesignating newly
designated paragraphs (a)(1)(cxlix)
through (a)(1)(ccxcv) as paragraphs
(a)(1)(cliii) through (a)(1)(ccxcix);
hhh. By adding new paragraphs
(a)(1)(cxlix), (a)(1)(cl), (a)(1)(cli), and
(a)(1)(clii) to read as set forth below;
iii. By redesignating newly designated
paragraphs (a)(1)(clxii) through
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62686
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(a)(1)(ccxcix) as paragraphs (a)(1)(clxv)
through (a)(1)(cccii);
jjj. By adding new paragraphs
(a)(1)(clxii), (a)(1)(clxiii), and
(a)(1)(clxiv) to read as set forth below;
kkk. By redesignating newly
designated paragraphs (a)(1)(clxxi)
through (a)(1)(cccii) as paragraphs
(a)(1)(clxxii) through (a)(1)(ccciii);
lll. By adding a new paragraph
(a)(1)(clxxi) to read as set forth below;
mmm. By redesignating newly
designated paragraphs (a)(1)(clxxv)
through (a)(1)(ccciii) as paragraphs
(a)(1)(clxxx) through (a)(1)(cccviii);
nnn. By adding new paragraphs
(a)(1)(clxxv), (a)(1)(clxxvi),
(a)(1)(clxxvii), (a)(1)(clxxviii), and
(a)(1)(clxxix) to read as set forth below;
ooo. By redesignating newly
designated paragraphs (a)(1)(clxxxiii)
through (a)(1)(cccviii) as paragraphs
(a)(1)(clxxxv) through (a)(1)(cccx);
ppp. By adding new paragraphs
(a)(1)(clxxxiii) and (a)(1)(clxxxiv) to
read as set forth below;
qqq. By redesignating newly
designated paragraphs (a)(1)(cxcviii)
through (a)(1)(cccx) as paragraphs
(a)(1)(cxcix) through (a)(1)(cccxi);
rrr. By adding a new paragraph
(a)(1)(cxcviii) to read as set forth below;
sss. By redesignating newly
designated paragraphs (a)(1)(ccxv)
through (a)(1)(cccxi) as paragraphs
(a)(1)(ccxvii) through (a)(1)(cccxiii);
ttt. By adding new paragraphs
(a)(1)(ccxv) and (a)(1)(ccxvi) to read as
set forth below;
uuu. By redesignating newly
designated paragraphs (a)(1)(ccxxi)
through (a)(1)(cccxiii) as paragraphs
(a)(1)(ccxxv) through (a)(1)(cccxvii);
vvv. By adding new paragraphs
(a)(1)(ccxxi), (a)(1)(ccxxii),
(a)(1)(ccxxiii), and (a)(1)(ccxxiv) to read
as set forth below;
www. By redesignating newly
designated paragraphs (a)(1)(ccxxviii)
through (a)(1)(cccxvii) as paragraphs
(a)(1)(ccxxix) through (a)(1)(cccxviii);
xxx. By adding a new paragraph
(a)(1)(ccxxviii) to read as set forth
below;
yyy. By redesignating newly
designated paragraphs (a)(1)(ccxxxiv)
through (a)(1)(cccxviii) as paragraphs
(a)(1)(ccxxxix) through (a)(1)(cccxxiii);
zzz. By adding new paragraphs
(a)(1)(ccxxxiv), (a)(1)(ccxxxv),
(a)(1)(ccxxxvi), (a)(1)(ccxxxvii), and
(a)(1)(ccxxxviii) to read as set forth
below;
aaaa. By redesignating newly
designated paragraphs (a)(1)(ccxl)
through (a)(1)(cccxxiii) as paragraphs
(a)(1)(ccxli) through (a)(1)(cccxxiv);
bbbb. By adding a new paragraph
(a)(1)(ccxl) to read as set forth below;
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
cccc. By redesignating newly
designated paragraphs (a)(1)(ccxlvii)
through (a)(1)(cccxxiv) as paragraphs
(a)(1)(ccl) through (a)(1)(cccxxvii);
dddd. By adding new paragraphs
(a)(1)(ccxlvii), (a)(1)(ccxlviii), and
(a)(1)(ccxlix) to read as set forth below;
eeee. By redesignating newly
designated paragraphs (a)(1)(cclii)
through (a)(1)(cccxxvii) as paragraphs
(a)(1)(ccliii) through (a)(1)(cccxxviii);
ffff. By adding a new paragraph
(a)(1)(cclii) to read as set forth below;
gggg. By redesignating newly
designated paragraphs (a)(1)(cclvii)
through (a)(1)(cccxxviii) as paragraphs
(a)(1)(cclix) through (a)(1)(cccxxx);
hhhh. By adding new paragraphs
(a)(1)(cclvii) and (a)(1)(cclviii) to read as
set forth below;
iiii. By redesignating newly
designated paragraphs (a)(1)(cclxv)
through (a)(1)(cccxxx) as paragraphs
(a)(1)(cclxvii) through (a)(1)(cccxxxii);
jjjj. By adding new paragraphs
(a)(1)(cclxv) and (a)(1)(cclxvi) to read as
set forth below;
kkkk. By redesignating newly
designated paragraphs (a)(1)(cclxxi)
through (a)(1)(cccxxxii) as paragraphs
(a)(1)(cclxxii) through (a)(1)(cccxxxiii);
llll. By adding a new paragraph
(a)(1)(cclxxi) to read as set forth below;
mmmm. By redesignating newly
designated paragraphs (a)(1)(cclxxvi)
through (a)(1)(cccxxxiii) as paragraphs
(a)(1)(cclxxxi) through (a)(1)(cccxxxviii);
nnnn. By adding new paragraphs
(a)(1)(cclxxvi), (a)(1)(cclxxvii),
(a)(1)(cclxxviii), (a)(1)(cclxxix), and
(a)(1)(cclxxx) to read as set forth below;
oooo. By redesignating newly
designated paragraphs (a)(1)(cclxxxix)
through (a)(1)(cccxxxviii) as paragraphs
(a)(1)(ccxcii) through (a)(1)(cccxli);
pppp. By adding new paragraphs
(a)(1)(cclxxxix), (a)(1)(ccxc), and
(a)(1)(ccxci) to read as set forth below;
qqqq. By redesignating newly
designated paragraphs (a)(1)(cccviii)
through (a)(1)(cccxli) as paragraphs
(a)(1)(cccix) through (a)(1)(cccxlii);
rrrr. By adding a new paragraph
(a)(1)(cccviii) to read as set forth below;
ssss. By redesignating newly
designated paragraphs (a)(1)(cccxxviii)
through (a)(1)(cccxlii) as paragraphs
(a)(1)(cccxxxv) through (a)(1)(cccxlix);
tttt. By adding new paragraphs
(a)(1)(cccxxviii), (a)(1)(cccxxix),
(a)(1)(cccxxx), (a)(1)(cccxxxi),
(a)(1)(cccxxxii), (a)(1)(cccxxxiii), and
(a)(1)(cccxxxiv) to read as set forth
below;
uuuu. By redesignating newly
designated paragraph (a)(1)(cccxlix) as
paragraph (a)(1)(cdlvi);
vvvv. By adding new paragraphs
(a)(1)(cccxlix), (a)(1)(cccl), (a)(1)(cccli),
PO 00000
Frm 00096
Fmt 4701
Sfmt 4702
(a)(1)(ccclii), (a)(1)(cccliii), (a)(1)(cccliv),
(a)(1)(ccclv), (a)(1)(ccclvi),
(a)(1)(ccclvii), (a)(1)(ccclviii),
(a)(1)(ccclix), (a)(1)(ccclx), (a)(1)(ccclxi),
(a)(1)(ccclxii), (a)(1)(ccclxiii),
(a)(1)(ccclxiv), (a)(1)(ccclxv),
(a)(1)(ccclxvi), (a)(1)(ccclxvii),
(a)(1)(ccclxviii), (a)(1)(ccclxix),
(a)(1)(ccclxx), (a)(1)(ccclxxi),
(a)(1)(ccclxxii), (a)(1)(ccclxxiii),
(a)(1)(ccclxxiv), (a)(1)(ccclxxv),
(a)(1)(ccclxxvi), (a)(1)(ccclxxvii),
(a)(1)(ccclxxviii), (a)(1)(ccclxxix),
(a)(1)(ccclxxx), (a)(1)(ccclxxxi),
(a)(1)(ccclxxxii), (a)(1)(ccclxxxiii),
(a)(1)(ccclxxxiv), (a)(1)(ccclxxxv),
(a)(1)(ccclxxxvi), (a)(1)(ccclxxxvii),
(a)(1)(ccclxxxviii), (a)(1)(ccclxxxix),
(a)(1)(cccxc), (a)(1)(cccxci),
(a)(1)(cccxcii), (a)(1)(cccxciii),
(a)(1)(cccxciv), (a)(1)(cccxcv),
(a)(1)(cccxcvi), (a)(1)(cccxcvii),
(a)(1)(cccxcviii), (a)(1)(cccxcix),
(a)(1)(cd), (a)(1)(cdi), (a)(1)(cdii),
(a)(1)(cdiii), (a)(1)(cdiv), (a)(1)(cdv),
(a)(1)(cdvi), (a)(1)(cdvii), (a)(1)(cdviii),
(a)(1)(cdix), (a)(1)(cdx), (a)(1)(cdxi),
(a)(1)(cdxii), (a)(1)(cdxiii), (a)(1)(cdxiv),
(a)(1)(cdxv), (a)(1)(cdxvi), (a)(1)(cdxvii),
(a)(1)(cdxviii), (a)(1)(cdxix), (a)(1)(cdxx),
(a)(1)(cdxxi), (a)(1)(cdxxii),
(a)(1)(cdxxiii), (a)(1)(cdxxiv),
(a)(1)(cdxxv), (a)(1)(cdxxvi),
(a)(1)(cdxxvii), (a)(1)(cdxxviii),
(a)(1)(cdxxix), (a)(1)(cdxxx),
(a)(1)(cdxxxi), (a)(1)(cdxxxii),
(a)(1)(cdxxxiii), (a)(1)(cdxxxiv),
(a)(1)(cdxxxv), (a)(1)(cdxxxvi),
(a)(1)(cdxxxvii), (a)(1)(cdxxxviii),
(a)(1)(cdxxxix), (a)(1)(cdxl), (a)(1)(cdxli),
(a)(1)(cdxlii), (a)(1)(cdxliii),
(a)(1)(cdxliv), (a)(1)(cdxlv),
(a)(1)(cdxlvi), (a)(1)(cdxlvii),
(a)(1)(cdxlviii), (a)(1)(cdxlix), (a)(1)(cdl),
(a)(1)(cdli), (a)(1)(cdlii), (a)(1)(cdliii),
(a)(1)(cdliv), and (a)(1)(cdlv) to read as
set forth below;
wwww. By amending the table at
newly designated paragraph (a)(1)(cdlvi)
by adding the following entries, first by
unit number and then alphabetically by
species name, in the same order as these
units are presented in the preceding
subparagraphs of this section, as set
forth below:
New entry:
Kauai 4–Chamaesyce remyi var.
kauaiensis–a
Kauai 4–Chamaesyce remyi var.
remyi–a
Kauai 4–Cyanea dolichopoda–a
Kauai 4–Cyrtandra oenobarba–a
Kauai 4–Cyrtandra paliku–a
Kauai 4–Dubautia plantaginea ssp.
magnifolia–a
Kauai 4–Lysimachia iniki–a
Kauai 4–Lysimachia pendens–a
Kauai 4–Lysimachia venosa–a
Kauai 4–Platydesma rostrata–a
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
Kauai 7–Canavalia napaliensis–a
Kauai 7–Chamaesyce eleanoriae–a
Kauai 7–Chamaesyce remyi var.
remyi–b
Kauai 7–Charpentiera densiflora–a
Kauai 7–Doryopteris angelica–a
Kauai 7–Dubautia kenwoodii–a
Kauai 7–Labordia helleri–a
Kauai 7–Pittosporum napaliense–a
Kauai 7–Platydesma rostrata–b
Kauai 7–Psychotria hobdyi–a
Kauai 7–Tetraplasandra
bisattenuata–a
Kauai 10–Astelia waialealae–a
Kauai 10–Chamaesyce remyi var.
kauaiensis–b
Kauai 10–Chamaesyce remyi var.
kauaiensis–c
Kauai 10–Chamaesyce remyi var.
remyi–c
Kauai 10–Chamaesyce remyi var.
remyi–d
Kauai 10–Chamaesyce remyi var.
remyi–e
Kauai 10–Charpentiera densiflora–b
Kauai 10–Cyanea dolichopoda–b
Kauai 10–Cyanea eleeleensis–a
Kauai 10–Cyanea kolekoleensis–a
Kauai 10–Cyanea kuhihewa–a
Kauai 10–Cyrtandra oenobarba–b
Kauai 10–Cyrtandra oenobarba–c
Kauai 10–Cyrtandra paliku–b
Kauai 10–Dryopteris crinalis var.
podosorus–a
Kauai 10–Dubautia imbricata ssp.
imbricata–a
Kauai 10–Dubautia kalalauensis–a
Kauai 10–Dubautia plantaginea ssp.
magnifolia–b
Kauai 10–Dubautia waialealae–a
Kauai 10–Geranium kauaiense–a
Kauai 10–Keysseria erici–a
Kauai 10–Keysseria helenae–a
Kauai 10–Labordia helleri–b
Kauai 10–Labordia helleri–c
Kauai 10–Labordia pumila–a
Kauai 10–Lysimachia daphnoides–a
Kauai 10–Lysimachia iniki–b
Kauai 10–Lysimachia pendens–b
Kauai 10–Lysimachia venosa–b
Kauai 10–Melicope degeneri–a
Kauai 10–Melicope paniculata–a
Kauai 10–Melicope puberula–a
Kauai 10–Melicope puberula–b
Kauai 10–Myrsine mezii–a
Kauai 10–Phyllostegia renovans–a
Kauai 10–Phyllostegia renovans–b
Kauai 10–Platydesma rostrata–c
Kauai 10–Platydesma rostrata–d
Kauai 10–Platydesma rostrata–e
Kauai 10–Psychotria grandiflora–a
Kauai 10–Stenogyne kealiae–a
Kauai 10–Tetraplasandra
bisattenuata–b
Kauai 10–Tetraplasandra flynnii–a
Kauai 11–Astelia waialealae–b
Kauai 11–Canavalia napaliensis–b
Kauai 11–Chamaesyce eleanoriae–b
Kauai 11–Chamaesyce eleanoriae–c
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Kauai 11–Chamaesyce remyi var.
kauaiensis–d
Kauai 11–Chamaesyce remyi var.
kauaiensis–e
Kauai 11–Chamaesyce remyi var.
remyi–f
Kauai 11–Chamaesyce remyi var.
remyi–g
Kauai 11–Chamaesyce remyi var.
remyi–h
Kauai 11–Chamaesyce remyi var.
remyi–i
Kauai 11–Chamaesyce remyi var.
remyi–j
Kauai 11–Charpentiera densiflora–c
Kauai 11–Charpentiera densiflora–d
Kauai 11–Cyanea dolichopoda–c
Kauai 11–Cyanea eleeleensis–b
Kauai 11–Cyanea kolekoleensis–b
Kauai 11–Cyanea kuhihewa–b
Kauai 11–Cyrtandra oenobarba–d
Kauai 11–Cyrtandra oenobarba–e
Kauai 11–Cyrtandra paliku–c
Kauai 11–Diellia mannii–a
Kauai 11–Doryopteris angelica–b
Kauai 11–Dryopteris crinalis var.
podosorus–b
Kauai 11–Dubautia imbricata ssp.
imbricata–b
Kauai 11–Dubautia kalalauensis–b
Kauai 11–Dubautia kenwoodii–b
Kauai 11–Dubautia plantaginea ssp.
magnifolia–c
Kauai 11–Dubautia waialealae–b
Kauai 11–Geranium kauaiense–b
Kauai 11–Keysseria erici–b
Kauai 11–Keysseria helenae–b
Kauai 11–Labordia helleri–d
Kauai 11–Labordia helleri–e
Kauai 11–Labordia helleri–f
Kauai 11–Labordia helleri–g
Kauai 11–Labordia pumila–b
Kauai 11–Lysimachia daphnoides–b
Kauai 11–Lysimachia iniki–c
Kauai 11–Lysimachia pendens–c
Kauai 11–Lysimachia scopulensis–a
Kauai 11–Lysimachia venosa–c
Kauai 11–Melicope degeneri–b
Kauai 11–Melicope paniculata–b
Kauai 11–Melicope puberula–c
Kauai 11–Melicope puberula–d
Kauai 11–Myrsine knudsenii–a
Kauai 11–Myrsine mezii–b
Kauai 11–Myrsine mezii–c
Kauai 11–Phyllostegia renovans–c
Kauai 11–Phyllostegia renovans–d
Kauai 11–Pittosporum napaliense–b
Kauai 11–Platydesma rostrata–f
Kauai 11–Platydesma rostrata–g
Kauai 11–Platydesma rostrata–h
Kauai 11–Platydesma rostrata–i
Kauai 11–Platydesma rostrata–j
Kauai 11–Psychotria grandiflora–b
Kauai 11–Psychotria grandiflora–c
Kauai 11–Psychotria hobdyi–b
Kauai 11–Schiedea attenuata–a
Kauai 11–Stenogyne kealiae–b
Kauai 11–Stenogyne kealiae–c
Kauai 11–Stenogyne kealiae–d
PO 00000
Frm 00097
Fmt 4701
Sfmt 4702
62687
Kauai 11–Tetraplasandra
bisattenuata–c
Kauai 11–Tetraplasandra
bisattenuata–d
Kauai 11–Tetraplasandra flynnii–b
Kauai 11–Tetraplasandra flynnii–c
Kauai 18–Astelia waialealae–c
Kauai 18–Chamaesyce remyi var.
remyi–k
Kauai 18–Dryopteris crinalis var.
podosorus–c
Kauai 18–Dubautia kalalauensis–c
Kauai 18–Dubautia waialealae–c
Kauai 18–Geranium kauaiense–c
Kauai 18–Keysseria erici–c
Kauai 18–Keysseria helenae–c
Kauai 18–Labordia helleri–h
Kauai 18–Labordia pumila–c
Kauai 18–Lysimachia daphnoides–c
Kauai 18–Melicope degeneri–c
Kauai 18–Melicope puberula–e
Kauai 18–Myrsine mezii–d
Kauai 18–Phyllostegia renovans–e
Kauai 18–Platydesma rostrata–k
Kauai 18–Psychotria grandiflora–d
Kauai 18–Tetraplasandra flynnii–d
Kauai 19–Chamaesyce remyi var.
kauaiensis–f
Kauai 19–Chamaesyce remyi var.
remyi–l
Kauai 19–Cyanea dolichopoda–d
Kauai 19–Cyrtandra oenobarba–f
Kauai 19–Cyrtandra paliku–d
Kauai 19–Dubautia plantaginea ssp.
magnifolia–d
Kauai 19–Lysimachia iniki–d
Kauai 19–Lysimachia pendens–d
Kauai 19–Lysimachia venosa–d
Kauai 19–Platydesma rostrata–l
Kauai 20–Chamaesyce remyi var.
kauaiensis–g
Kauai 20–Chamaesyce remyi var.
remyi–m
Kauai 20–Cyanea dolichopoda–e
Kauai 20–Cyrtandra oenobarba–g
Kauai 20–Cyrtandra paliku–e
Kauai 20–Dubautia plantaginea ssp.
magnifolia–e
Kauai 20–Lysimachia iniki–e
Kauai 20–Lysimachia pendens–e
Kauai 20–Lysimachia venosa–e
Kauai 20–Platydesma rostrata–m
Kauai 21–Chamaesyce remyi var.
kauaiensis–h
Kauai 21–Chamaesyce remyi var.
remyi–n
Kauai 21–Charpentiera densiflora–e
Kauai 21–Cyanea eleeleensis–c
Kauai 21–Cyanea kolekoleensis–c
Kauai 21–Cyanea kuhihewa–c
Kauai 21–Cyrtandra oenobarba–h
Kauai 21–Dubautia imbricata ssp.
imbricata–c
Kauai 21–Labordia helleri–i
Kauai 21–Melicope paniculata–c
Kauai 21–Melicope puberula–f
Kauai 21–Phyllostegia renovans–f
Kauai 21–Platydesma rostrata–n
Kauai 21–Stenogyne kealiae–e
E:\FR\FM\21OCP2.SGM
21OCP2
62688
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
Kauai 21–Tetraplasandra
bisattenuata–e
Kauai 22–Chamaesyce remyi var.
remyi–o
Kauai 22–Diellia mannii–b
Kauai 22–Labordia helleri–j
Kauai 22–Myrsine knudsenii–b
Kauai 22–Myrsine mezii–e
Kauai 22–Platydesma rostrata–o
Kauai 22–Psychotria grandiflora–e
Kauai 22–Stenogyne kealiae–f
Kauai 22–Tetraplasandra flynnii–e
Kauai 23–Chamaesyce remyi var.
remyi–p
Kauai 23–Diellia mannii–c
Kauai 23–Labordia helleri–k
Kauai 23–Myrsine knudsenii–c
Kauai 23–Myrsine mezii–f
Kauai 23–Platydesma rostrata–p
Kauai 23–Psychotria grandiflora–f
Kauai 23–Stenogyne kealiae–g
Kauai 23–Tetraplasandra flynnii–f
Kauai 24–Astelia waialealae–d
Kauai 24–Chamaesyce remyi var.
remyi–q
Kauai 24–Dryopteris crinalis var.
podosorus–d
Kauai 24–Dubautia kalalauensis–d
Kauai 24–Dubautia waialealae–d
Kauai 24–Geranium kauaiense–d
Kauai 24–Keysseria erici–d
Kauai 24–Keysseria helenae–d
Kauai 24–Labordia helleri–l
Kauai 24–Labordia pumila–d
Kauai 24–Lysimachia daphnoides–d
Kauai 24–Melicope degeneri–d
Kauai 24–Melicope puberula–g
Kauai 24–Myrsine mezii–g
Kauai 24–Phyllostegia renovans–g
Kauai 24–Platydesma rostrata–q
Kauai 24–Psychotria grandiflora–g
Kauai 24–Tetraplasandra flynnii–g
Kauai 25–Astelia waialealae–e
Kauai 25–Chamaesyce remyi var.
remyi–r
Kauai 25–Dryopteris crinalis var.
podosorus–e
Kauai 25–Dubautia kalalauensis–e
Kauai 25–Dubautia waialealae–e
Kauai 25–Geranium kauaiense–e
Kauai 25–Keysseria erici–e
Kauai 25–Keysseria helenae–e
Kauai 25–Labordia helleri–m
Kauai 25–Labordia pumila–e
Kauai 25–Lysimachia daphnoides–e
Kauai 25–Melicope degeneri–e
Kauai 25–Melicope puberula–h
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Kauai 25–Myrsine mezii–h
Kauai 25–Phyllostegia renovans–h
Kauai 25–Platydesma rostrata–r
Kauai 25–Psychotria grandiflora–h
Kauai 25–Tetraplasandra flynnii–h
xxxx. By amending paragraph (b) as
follows:
i. In paragraph (b)(1), by adding
‘‘Family Amaranathaceae’’, ‘‘Family
Asteliaceae’’ ‘‘Family Geraniaceae’’, and
‘‘Family Pittosporaceae’’ in alphabetical
order to the list of family names;
ii. In paragraph (b)(1), by adding
entries in alphabetical order by family
name to read as set forth below:
New entry:
Family Amaranathaceae:
Charpentiera densiflora
Family Araliaceae: Tetraplasandra
bisattenuata
Family Araliaceae: Tetraplasandra
flynnii
Family Asteliaceae: Astelia
waialealae
Family Asteraceae: Dubautia
imbricata ssp. imbricata
Family Asteraceae: Dubautia
kalalauensis
Family Asteraceae: Dubautia
kenwoodii
Family Asteraceae: Dubautia
plantaginea ssp. magnifolia
Family Asteraceae: Dubautia
waialealae
Family Asteraceae: Keysseria erici
Family Asteraceae: Keysseria helenae
Family Campanulaceae: Cyanea
dolichopoda
Family Campanulaceae: Cyanea
eleeleensis
Family Campanulaceae: Cyanea
kolekoleensis
Family Campanulaceae: Cyanea
kuhihewa
Family Caryophyllaceae: Schiedea
attenuate
Family Euphorbiaceae: Chamaesyce
eleanoriae
Family Euphorbiaceae: Chamaesyce
remyi var. kauaiensis
Family Euphorbiaceae: Chamaesyce
remyi var. remyi
Family Fabaceae: Canavalia
napaliensis
Family Geraniaceae: Geranium
kauaiense
Family Gesneriaceae: Cyrtandra
oenobarba
PO 00000
Frm 00098
Fmt 4701
Sfmt 4702
Family Gesneriaceae: Cyrtandra
paliku
Family Lamiaceae: Phyllostegia
renovans
Family Lamiaceae: Stenogyne kealiae
Family Loganiaceae: Labordia helleri
Family Loganiaceae: Labordia pumila
Family Myrsinaceae: Lysimachia
daphnoides
Family Myrsinaceae: Lysimachia iniki
Family Myrsinaceae: Lysimachia
pendens
Family Myrsinaceae: Lysimachia
scopulensis
Family Myrsinaceae: Lysimachia
venosa
Family Myrsinaceae: Myrsine
knudsenii
Family Myrsinaceae: Myrsine mezii
Family Pittosporaceae: Pittosporum
napaliense
Family Rubiaceae: Psychotria
grandiflora
Family Rubiaceae: Psychotria hobdyi
Family Rutaceae: Melicope degeneri
Family Rutaceae: Melicope paniculata
Family Rutaceae: Melicope puberula
Family Rutaceae: Platydesma rostrata
iii. In paragraph (b)(2), by adding
‘‘Family Dryopteridaceae’’ and ‘‘Family
Pteridaceae’’ in alphabetical order to the
list of family names; and
iv. In paragraph (b)(2), by adding
entries in alphabetical order by family
name to read as set forth below:
New entry:
Family Aspleniaceae: Diellia mannii
Family Dryopteridaceae: Dryopteris
crinalis var. podosorus
Family Pteridaceae: Doryopteris
angelica
§ 17.99 Critical habitat; plants on the
islands of Kauai, Niihau, Molokai, Maui,
Kahoolawe, Oahu, and Hawaii, HI, and on
the Northwestern Hawaiian Islands.
(a) * * *
(1) Kauai. Critical habitat units are
described below. Coordinates are in
UTM Zone 4 with units in meters using
North American Datum of 1983
(NAD83). The following map shows the
general locations of the critical habitat
units designated on the island of Kauai.
(i) Note: Map 1—Index map follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
(vi) Kauai 4–Chamaesyce remyi var.
kauaiensis–a (15.4 ha; 38 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 4–Chamaesyce remyi var. remyi–
a, Kauai 4–Cyanea dolichopoda–a,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Kauai 4–Cyrtandra oenobarba–a, Kauai
4–Cyrtandra paliku–a, Kauai 4–
Dubautia plantaginea ssp. magnifolia–a,
Kauai 4–Lysimachia iniki–a, Kauai 4–
Lysimachia pendens–a, Kauai 4–
Lysimachia venosa–a, and Kauai 4–
Platydesma rostrata–a (see paragraphs
PO 00000
Frm 00099
Fmt 4701
Sfmt 4702
(a)(1)(vii), (a)(1)(ix), (a)(1)(xvi),
(a)(1)(xvii), (a)(1)(xviii), (a)(1)(xxv),
(a)(1)(xxvi), (a)(1)(xxvii), and
(a)(1)(xxix), respectively, of this
section).
(B) Note: Map 5a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.031
jlentini on PROD1PC65 with PROPOSALS2
*
62689
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00100
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.032
jlentini on PROD1PC65 with PROPOSALS2
62690
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(vii) Kauai 4–Chamaesyce remyi var.
remyi–a (15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
*
*
*
*
*
(ix) Kauai 4–Cyanea dolichopoda–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
*
*
*
*
*
(xvi) Kauai 4–Cyrtandra oenobarba–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
(xvii) Kauai 4–Cyrtandra paliku–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(xviii) Kauai 4–Dubautia plantaginea
ssp. magnifolia–a (15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
*
*
*
*
*
(xxv) Kauai 4–Lysimachia iniki–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
(xxvi) Kauai 4–Lysimachia pendens–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
(xxvii) Kauai 4– Lysimachia venosa–
a (15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
*
*
*
*
*
PO 00000
Frm 00101
Fmt 4701
Sfmt 4702
62691
(xxix) Kauai 4–Platydesma rostrata–a
(15.4 ha; 38 ac)
(A) See paragraph (a)(1)(vi)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(vi)(B) of this
section for the map of this unit.
*
*
*
*
*
(xxxiv) Kauai 7–Canavalia
napaliensis–a (15 ha; 37 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 7–Chamaesyce eleanoriae–a,
Kauai 7–Chamaesyce remyi var. remyi–
b, Kauai 7–Charpentiera densiflora–a,
Kauai 7–Doryopteris angelica–a, Kauai
7–Dubautia kenwoodii–a, Kauai 7–
Labordia helleri–a, Kauai 7–Pittosporum
napaliense–a, Kauai 7–Platydesma
rostrata–b, Kauai 7–Psychotria hobdyi–
a, and Kauai 7–Tetraplasandra
bisattenuata–a (see paragraphs
(a)(1)(xxxv), (a)(1)(xxxvi), (a)(1)(xxxvii),
(a)(1)(xxxix), (a)(1)(xl), (a)(1)(xlii),
(a)(1)(xlviii), (a)(1)(xlix), (a)(1)(l), and
(a)(1)(liii), respectively, of this section).
(B) Note: Map 23a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00102
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.033
jlentini on PROD1PC65 with PROPOSALS2
62692
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(xxxv) Kauai 7–Chamaesyce
eleanoriae–a (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
(xxxvi) Kauai 7–Chamaesyce remyi
var. remyi–b (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
(xxxvii) Kauai 7–Charpentiera
densiflora–a (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
*
*
*
*
*
(xxxix) Kauai 7–Doryopteris angelica–
a (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
(xl) Kauai 7–Dubautia kenwoodii–a
(15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
*
*
*
*
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(xlii) Kauai 7–Labordia helleri–a (15
ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
*
*
*
*
*
(xlviii) Kauai 7–Pittosporum
napaliense–a (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
(xlix) Kauai 7–Platydesma rostrata–b
(15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
(l) Kauai 7–Psychotria hobdyi–a (15
ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
*
*
*
*
*
(liii) Kauai 7–Tetraplasandra
bisattenuata–a (15 ha; 37 ac)
(A) See paragraph (a)(1)(xxxiv)(A) of
this section for the textual description of
this unit.
PO 00000
Frm 00103
Fmt 4701
Sfmt 4702
62693
(B) See paragraph (a)(1)(xxxiv)(B) of
this section for the map of this unit.
*
*
*
*
*
(lvii) Kauai 10—Astelia waialealae—a
(40 ha; 99 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 10–Chamaesyce remyi var. remyi–
c, Kauai 10–Dryopteris crinalis var.
podosorus–a, Kauai 10–Dubautia
kalalauensis–a, Kauai 10–Dubautia
waialealae–a, Kauai 10–Geranium
kauaiense–a, Kauai 10–Keysseria erici–
a, Kauai 10–Keysseria helenae–a, Kauai
10–Labordia helleri–b, Kauai 10–
Labordia pumila–a, Kauai 10–
Lysimachia daphnoides–a, Kauai 10–
Melicope degeneri–a, Kauai 10–
Melicope puberula–a, Kauai 10–Myrsine
mezii–a, Kauai 10–Phyllostegia
renovans–a, Kauai 10–Platydesma
rostrata–c, Kauai 10–Psychotria
grandiflora–a, and Kauai 10–
Tetraplasandra flynnii–a (see
paragraphs (a)(1)(lxi), (a)(1)(lxxvi),
(a)(1)(lxxviii), (a)(1)(lxxxi),
(a)(1)(lxxxiii), (a)(1)(lxxxvi),
(a)(1)(lxxxvii), (a)(1)(lxxxviii),
(a)(1)(xci), (a)(1)(xciii), (a)(1)(xcviii),
(a)(1)(c), (a)(1)(ciii), (a)(1)(cv),
(a)(1)(cviii), (a)(1)(cxi), and (a)(1)(cxv),
respectively, of this section).
(B) Note: Map 35a follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00104
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.034
jlentini on PROD1PC65 with PROPOSALS2
62694
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
(lix) Kauai 10–Chamaesyce remyi var.
kauaiensis–b (943 ha; 2,330 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 10–Chamaesyce remyi var. remyi–
d, Kauai 10–Charpentiera densiflora–b,
Kauai 10–Cyanea eleeleensis–a, Kauai
10–Cyanea kolekoleensis–a, Kauai 10–
jlentini on PROD1PC65 with PROPOSALS2
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Cyanea kuhihewa–a, Kauai 10–
Cyrtandra oenobarba–b, Kauai 10–
Dubautia imbricata ssp. imbricata–a,
Kauai 10–Labordia helleri–c, Kauai 10–
Melicope paniculata–a, Kauai 10–
Melicope puberula–b, Kauai 10–
Phyllostegia renovans–b, Kauai 10–
Platydesma rostrata–d, Kauai 10–
Stenogyne kealiae–a, and Kauai 10–
PO 00000
Frm 00105
Fmt 4701
Sfmt 4702
62695
Tetraplasandra bisattenuata–b (see
paragraphs (a)(1)(lxii), (a)(1)(lxiv),
(a)(1)(lxvii), (a)(1)(lxviii), (a)(1)(lxix),
(a)(1)(lxxiii), (a)(1)(lxxvii), (a)(1)(lxxxix),
(a)(1)(xcix), (a)(1)(ci), (a)(1)(cvi),
(a)(1)(cix), (a)(1)(cxiii), and (a)(1)(cxiv),
respectively, of this section).
(B) Note: Map 36a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(lx) Kauai 10–Chamaesyce remyi var.
kauaiensis–c (198 ha; 489 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Kauai 10–Chamaesyce remyi var. remyi–
e, Kauai 10–Cyanea dolichopoda–b,
Kauai 10–Cyrtandra oenobarba–c, Kauai
10–Cyrtandra paliku–b, Kauai 10–
PO 00000
Frm 00106
Fmt 4701
Sfmt 4702
Dubautia plantaginea ssp. magnifolia–b,
Kauai 10–Lysimachia iniki–b, Kauai 10–
Lysimachia pendens–b, Kauai 10–
Lysimachia venosa–b, and Kauai 10–
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.035
jlentini on PROD1PC65 with PROPOSALS2
62696
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(a)(1)(xcvi), (a)(1)(xcvii), and (a)(1)(cx),
respectively, of this section).
(B) Note: Map 36b follows:
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00107
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.036
jlentini on PROD1PC65 with PROPOSALS2
Platydesma rostrata–e (see paragraphs
(a)(1)(lxiii), (a)(1)(lxvi), (a)(1)(lxxiv),
(a)(1)(lxxv), (a)(1)(lxxx), (a)(1)(xcv),
62697
jlentini on PROD1PC65 with PROPOSALS2
62698
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(lxi) Kauai 10–Chamaesyce remyi var.
remyi–c (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(lxii) Kauai 10–Chamaesyce remyi
var. remyi–d (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(lxiii) Kauai 10–Chamaesyce remyi
var. remyi–e (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(lxiv) Kauai 10–Charpentiera
densiflora–b (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
*
*
*
*
*
(lxvi) Kauai 10–Cyanea dolichopoda–
b (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(lxvii) Kauai 10–Cyanea eleeleensis–a
(943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(lxviii) Kauai 10–Cyanea
kolekoleensis–a (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(lxix) Kauai 10–Cyanea kuhihewa–a
(943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
*
*
*
*
*
(lxxiii) Kauai 10–Cyrtandra
oenobarba–b (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(lxxiv) Kauai 10–Cyrtandra
oenobarba–c (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(lxxv) Kauai 10–Cyrtandra paliku–b
(198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(lxxvi) Kauai 10–Dryopteris crinalis
var. podosorus–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(lxxvii) Kauai 10–Dubautia imbricata
ssp. imbricata–a (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(lxxviii) Kauai 10–Dubautia
kalalauensis–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(lxxx) Kauai 10–Dubautia plantaginea
ssp. magnifolia–b (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(lxxxi) Kauai 10–Dubautia
waialealae–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(lxxxiii) Kauai 10–Geranium
kauaiense–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(lxxxvi) Kauai 10–Keysseria erici–a
(40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(lxxxvii) Kauai 10–Keysseria helenae–
a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
PO 00000
Frm 00108
Fmt 4701
Sfmt 4702
(lxxxviii) Kauai 10–Labordia helleri–b
(40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(lxxxix) Kauai 10–Labordia helleri–c
(943 ha; 2,330ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
*
*
*
*
*
(xci) Kauai 10–Labordia pumila–a (40
ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(xciii) Kauai 10–Lysimachia
daphnoides–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(xcv) Kauai 10–Lysimachia iniki–b
(198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(xcvi) Kauai 10–Lysimachia pendens–
b (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(xcvii) Kauai 10–Lysimachia venosa–
b (198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(xcviii) Kauai 10–Melicope degeneri–
a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(xcix) Kauai 10–Melicope paniculata–
a (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(c) Kauai 10–Melicope puberula–a (40
ha; 99 ac)
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(ci) Kauai 10–Melicope puberula–b
(943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
*
*
*
*
*
(ciii) Kauai 10–Myrsine mezii–a (40
ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(cv) Kauai 10–Phyllostegia renovans–
a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(cvi) Kauai 10–Phyllostegia renovans–
b (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
*
*
*
*
*
(cviii) Kauai 10–Platydesma rostrata–
c (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
(cix) Kauai 10–Platydesma rostrata–d
(943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(cx) Kauai 10–Platydesma rostrata–e
(198 ha; 489 ac)
(A) See paragraph (a)(1)(lx)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lx)(B) of this
section for the map of this unit.
(cxi) Kauai 10–Psychotria
grandiflora–a (40 ha; 99 ac)
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(cxiii) Kauai 10–Stenogyne kealiae–a
(943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(cxiv) Kauai 10–Tetraplasandra
bisattenuata–b (943 ha; 2,330 ac)
(A) See paragraph (a)(1)(lix)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(lix)(B) of this
section for the map of this unit.
(cxv) Kauai 10–Tetraplasandra
flynnii–a (40 ha; 99 ac)
PO 00000
Frm 00109
Fmt 4701
Sfmt 4702
62699
(A) See paragraph (a)(1)(lvii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(lvii)(B) of this
section for the map of this unit.
*
*
*
*
*
(cxxix) Kauai 11—Astelia
waialealae—b (5,705 ha; 14,096 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 11–Chamaesyce remyi var. remyi–
f, Kauai 11–Dryopteris crinalis var.
podosorus–b, Kauai 11–Dubautia
kalalauensis–b, Kauai 11–Dubautia
waialealae–b, Kauai 11–Geranium
kauaiense–b, Kauai 11–Keysseria erici–
b, Kauai 11–Keysseria helenae–b, Kauai
11–Labordia helleri–d, Kauai 11–
Labordia pumila–b, Kauai 11–
Lysimachia daphnoides–b, Kauai 11–
Melicope degeneri–b, Kauai 11–
Melicope puberula–c, Kauai 11–Myrsine
mezii–b, Kauai 11–Phyllostegia
renovans–c, Kauai 11–Platydesma
rostrata–f, Kauai 11–Psychotria
grandiflora–b, and Kauai 11–
Tetraplasandra flynnii–b (see
paragraphs (a)(1)(cxli), (a)(1)(clxxvi),
(a)(1)(clxxviii), (a)(1)(clxxxiv),
(a)(1)(cxcviii), (a)(1)(ccxv), (a)(1)(ccxvi),
(a)(1)(ccxxi), (a)(1)(ccxxviii),
(a)(1)(ccxxxiv), (a)(1)(ccxl),
(a)(1)(ccxlviii), (a)(1)(cclvii),
(a)(1)(cclxv), (a)(1)(cclxxvi),
(a)(1)(cclxxxix), and (a)(1)(cccxxxiii),
respectively, of this section).
(B) Note: Map 64a follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
*
(cxxxii) Kauai 11–Canavalia
napaliensis–b (1,048 ha; 2,591 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 11–Chamaesyce eleanoriae–b,
PO 00000
Frm 00110
Fmt 4701
Sfmt 4702
Kauai 11–Chamaesyce remyi var. remyi–
g, Kauai 11–Charpentiera densiflora–c,
Kauai 11–Doryopteris angelica–b, Kauai
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.037
jlentini on PROD1PC65 with PROPOSALS2
62700
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Tetraplasandra bisattenuata–c (see
paragraphs (a)(1)(cxxxiv), (a)(1)(cxlii),
(a)(1)(cxlvi), (a)(1)(clxxv), (a)(1)(clxxix),
(a)(1)(ccxxii), (a)(1)(cclxxi),
(a)(1)(cclxxvii), (a)(1)(ccxci), and
PO 00000
Frm 00111
Fmt 4701
Sfmt 4725
(a)(1)(cccxxxi), respectively, of this
section).
(B) Note: Map 66a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.038
jlentini on PROD1PC65 with PROPOSALS2
11–Dubautia kenwoodii–b, Kauai 11–
Labordia helleri–e, Kauai 11–
Pittosporum napaliense–b, Kauai 11–
Platydesma rostrata–g, Kauai 11–
Psychotria hobdyi–b, and Kauai 11–
62701
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
(cxxxiv) Kauai 11–Chamaesyce
eleanoriae–b (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
jlentini on PROD1PC65 with PROPOSALS2
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(cxxxv) Kauai 11–Chamaesyce
eleanoriae–c (288 ha; 712 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 11–Lysimachia scopulensis–a,
PO 00000
Frm 00112
Fmt 4701
Sfmt 4702
Kauai 11–Schiedea attenuata–a, and
Kauai 11–Stenogyne kealiae–b (see
paragraphs (a)(1)(ccxxxvii),
(a)(1)(cccviii), and (a)(1)(cccxxviii),
respectively, of this section).
(B) Note: Map 67a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.039
62702
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
*
*
*
*
(cxxxix) Kauai 11–Chamaesyce remyi
var. kauaiensis–d (1,060 ha; 2,618 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 11–Chamaesyce remyi var. remyi–
h, Kauai 11–Charpentiera densiflora–d,
Kauai 11–Cyanea eleeleensis–b, Kauai
11–Cyanea kolekoleensis–b, Kauai 11–
Cyanea kuhihewa–b, Kauai 11–
jlentini on PROD1PC65 with PROPOSALS2
*
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Cyrtandra oenobarba–d, Kauai 11–
Dubautia imbricata ssp. imbricata–b,
Kauai 11–Labordia helleri–f, Kauai 11–
Melicope paniculata–b, Kauai 11–
Melicope puberula–d, Kauai 11–
Phyllostegia renovans–d, Kauai 11–
Platydesma rostrata–h, Kauai 11–
Stenogyne kealiae–c, and Kauai 11–
Tetraplasandra bisattenuata–d (see
PO 00000
Frm 00113
Fmt 4701
Sfmt 4702
62703
paragraphs (a)(1)(cxliii), (a)(1)(cxlvii),
(a)(1)(cl), (a)(1)(cli), (a)(1)(clii),
(a)(1)(clxii), (a)(1)(clxxvii),
(a)(1)(ccxxiii), (a)(1)(ccxlvii),
(a)(1)(ccxlix), (a)(1)(cclxvi),
(a)(1)(cclxxviii), (a)(1)(cccxxix), and
(a)(1)(cccxxxii), respectively, of this
section).
(B) Note: Map 70a follows:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(cxl) Kauai 11–Chamaesyce remyi var.
kauaiensis–e (77 ha; 190 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) [Reserve for textual description of i, Kauai 11–Cyanea dolichopoda–c,
unit.] This unit is also critical habitat for Kauai 11–Cyrtandra oenobarba–e, Kauai
Kauai 11–Chamaesyce remyi var. remyi– 11–Cyrtandra paliku–c, Kauai 11–
PO 00000
Frm 00114
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.040
jlentini on PROD1PC65 with PROPOSALS2
62704
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Platydesma rostrata–i (see paragraphs
(a)(1)(cxliv), (a)(1)(cxlix), (a)(1)(clxiii),
(a)(1)(clxiv), (a)(1)(clxxxiii),
(a)(1)(ccxxxv), (a)(1)(ccxxxvi),
PO 00000
Frm 00115
Fmt 4701
Sfmt 4725
(a)(1)(ccxxxviii), and (a)(1)(cclxxix),
respectively, of this section).
(B) Note: Map 70b follows:
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.041
jlentini on PROD1PC65 with PROPOSALS2
Dubautia plantaginea ssp. magnifolia–c,
Kauai 11–Lysimachia iniki–c, Kauai 11–
Lysimachia pendens–c, Kauai 11–
Lysimachia venosa–c, and Kauai 11–
62705
62706
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(cxli) Kauai 11–Chamaesyce remyi
var. remyi–f (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(cxlii) Kauai 11–Chamaesyce remyi
var. remyi–g (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(cxliii) Kauai 11–Chamaesyce remyi
var. remyi–h (1,060 ha; 2,618 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(cxliv) Kauai 11–Chamaesyce remyi
var. remyi–i (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(cxlv) Kauai 11–Chamaesyce remyi
var. remyi–j (1,145 ha; 2,830 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
PO 00000
Frm 00116
Fmt 4701
Sfmt 4702
Kauai 11–Diellia mannii–a, Kauai 11–
Labordia helleri–g, Kauai 11–Myrsine
knudsenii–a, Kauai 11–Myrsine mezii–c,
Kauai 11–Platydesma rostrata–j, Kauai
11–Psychotria grandiflora–c, Kauai 11–
Stenogyne kealiae–d, and Kauai 11–
Tetraplasandra flynnii–c (see
paragraphs (a)(1)(clxxi), (a)(1)(ccxxiv),
(a)(1)(cclii), (a)(1)(cclviii), (a)(1)(cclxxx),
(a)(1)(ccxc), (a)(1)(cccxxx), and
(a)(1)(cccxxxiv), respectively, of this
section).
(B) Note: Map 70c follows:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62707
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00117
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.042
jlentini on PROD1PC65 with PROPOSALS2
BILLING CODE 4310–55–C
jlentini on PROD1PC65 with PROPOSALS2
62708
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(cxlvi) Kauai 11–Charpentiera
densiflora–c (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(cxlvii) Kauai 11–Charpentiera
densiflora–d (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(cxlix) Kauai 11–Cyanea
dolichopoda–c (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(cl) Kauai 11–Cyanea eleeleensis–b
(1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(cli) Kauai 11–Cyanea kolekoleensis–
b (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(clii) Kauai 11–Cyanea kuhihewa–b
(1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(clxii) Kauai 11–Cyrtandra
oenobarba–d (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(clxiii) Kauai 11–Cyrtandra
oenobarba–e (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(clxiv) Kauai 11–Cyrtandra paliku–c
(77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
*
*
*
*
*
(clxxi) Kauai 11–Diellia mannii–a
(1,145 ha; 2,830 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(clxxv) Kauai 11–Doryopteris
angelica–b (1,048 ha; 2,591ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(clxxvi) Kauai 11–Dryopteris crinalis
var. podosorus–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(clxxvii) Kauai 11–Dubautia imbricata
ssp. imbricata–b (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(clxxviii) Kauai 11–Dubautia
kalalauensis–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(clxxix) Kauai 11–Dubautia
kenwoodii–b (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
*
*
*
*
*
(clxxxiii) Kauai 11–Dubautia
plantaginea ssp. magnifolia–c (77 ha;
190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(clxxxiv) Kauai 11–Dubautia
waialealae–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(cxcviii) Kauai 11–Geranium
kauaiense–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(ccxv) Kauai 11–Keysseria erici–b
(5,705 ha; 14,096 ac)
PO 00000
Frm 00118
Fmt 4701
Sfmt 4702
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(ccxvi) Kauai 11–Keysseria helenae–b
(5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(ccxxi) Kauai 11–Labordia helleri–d
(5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(ccxxii) Kauai 11–Labordia helleri–e
(1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(ccxxiii) Kauai 11–Labordia helleri–f
(1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(ccxxiv) Kauai 11–Labordia helleri–g
(1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(ccxxviii) Kauai 11–Labordia pumila–
b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(ccxxxiv) Kauai 11–Lysimachia
daphnoides–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(ccxxxv) Kauai 11–Lysimachia iniki–c
(77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(ccxxxvi) Kauai 11–Lysimachia
pendens–c (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(ccxxxvii) Kauai 11–Lysimachia
scopulensis–a (288 ha; 712 ac)
(A) See paragraph (a)(1)(cxxxv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxv)(B) of
this section for the map of this unit.
(ccxxxviii) Kauai 11– Lysimachia
venosa–c (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
*
*
*
*
*
(ccxl) Kauai 11–Melicope degeneri–b
(5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(ccxlvii) Kauai 11–Melicope
paniculata–b (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(ccxlviii) Kauai 11–Melicope
puberula–c (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(ccxlix) Kauai 11–Melicope puberula–
d (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclii) Kauai 11–Myrsine knudsenii–a
(1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclvii) Kauai 11–Myrsine mezii–b
(5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(cclviii) Kauai 11–Myrsine mezii–c
(1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclxv) Kauai 11–Phyllostegia
renovans–c (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(cclxvi) Kauai 11–Phyllostegia
renovans–d (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclxxi) Kauai 11–Pittosporum
napaliense–b (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclxxvi) Kauai 11–Platydesma
rostrata–f (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(cclxxvii) Kauai 11–Platydesma
rostrata–g (1,048 ha; 2,591ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(cclxxviii) Kauai 11–Platydesma
rostrata–h (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(cclxxix) Kauai 11–Platydesma
rostrata–i (77 ha; 190 ac)
(A) See paragraph (a)(1)(cxl)(A) of this
section for the textual description of this
unit.
(B) See paragraph (a)(1)(cxl)(B) of this
section for the map of this unit.
(cclxxx) Kauai 11–Platydesma
rostrata–j (1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(cclxxxix) Kauai 11–Psychotria
grandiflora–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
PO 00000
Frm 00119
Fmt 4701
Sfmt 4702
62709
(ccxc) Kauai 11–Psychotria
grandiflora–c (1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
(ccxci) Kauai 11–Psychotria hobdyi–b
(1,048 ha; 2,591ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
*
*
*
*
*
(cccviii) Kauai 11–Schiedea
attenuata–a (288 ha; 712 ac)
(A) See paragraph (a)(1)(cxxxv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxv)(B) of
this section for the map of this unit.
*
*
*
*
*
(cccxxviii) Kauai 11–Stenogyne
kealiae–b (288 ha; 712 ac)
(A) See paragraph (a)(1)(cxxxv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxv)(B) of
this section for the map of this unit.
(cccxxix) Kauai 11–Stenogyne
kealiae–c (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(cccxxx) Kauai 11–Stenogyne kealiae–
d (1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
(cccxxxi) Kauai 11–Tetraplasandra
bisattenuata–c (1,048 ha; 2,591 ac)
(A) See paragraph (a)(1)(cxxxii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxii)(B) of
this section for the map of this unit.
(cccxxxii) Kauai 11–Tetraplasandra
bisattenuata–d (1,060 ha; 2,618 ac)
(A) See paragraph (a)(1)(cxxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxxix)(B) of
this section for the map of this unit.
(cccxxxiii) Kauai 11–Tetraplasandra
flynnii–b (5,705 ha; 14,096 ac)
(A) See paragraph (a)(1)(cxxix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cxxix)(B) of
this section for the map of this unit.
(cccxxxiv) Kauai 11–Tetraplasandra
flynnii–c (1,145 ha; 2,830 ac)
(A) See paragraph (a)(1)(cxlv)(A) of
this section for the textual description of
this unit.
E:\FR\FM\21OCP2.SGM
21OCP2
62710
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(B) See paragraph (a)(1)(cxlv)(B) of
this section for the map of this unit.
*
*
*
*
*
(cccxlix) Kauai 18—Astelia
waialealae—c (452 ha; 1,116ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 18–Chamaesyce remyi var. remyi–
k, Kauai 18–Dryopteris crinalis var.
podosorus–c, Kauai 18–Dubautia
kalalauensis–c, Kauai 18–Dubautia
waialealae–c, Kauai 18–Geranium
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
kauaiense–c, Kauai 18–Keysseria erici–
c, Kauai 18–Keysseria helenae–c, Kauai
18–Labordia helleri–h, Kauai 18–
Labordia pumila–c, Kauai 18–
Lysimachia daphnoides–c, Kauai 18–
Melicope degeneri–c, Kauai 18–
Melicope puberula–e, Kauai 18–Myrsine
mezii–d, Kauai 18–Phyllostegia
renovans–e, Kauai 18–Platydesma
rostrata–k, Kauai 18–Psychotria
grandiflora–d, and Kauai 18–
Tetraplasandra flynnii–d (see
PO 00000
Frm 00120
Fmt 4701
Sfmt 4702
paragraphs (a)(1)(cccl), (a)(1)(cccli),
(a)(1)(ccclii), (a)(1)(cccliii), (a)(1)(cccliv),
(a)(1)(ccclv), (a)(1)(ccclvi),
(a)(1)(ccclvii), (a)(1)(ccclviii),
(a)(1)(ccclix), (a)(1)(ccclx), (a)(1)(ccclxi),
(a)(1)(ccclxii), (a)(1)(ccclxiii),
(a)(1)(ccclxiv), (a)(1)(ccclxv), and
(a)(1)(ccclxvi), respectively, of this
section).
(B) Note: Map 217a follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
62711
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00121
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.043
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62712
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(cccl) Kauai 18–Chamaesyce remyi
var. remyi–k (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(cccli) Kauai 18–Dryopteris crinalis
var. podosorus–c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclii) Kauai 18–Dubautia
kalalauensis–c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(cccliii) Kauai 18–Dubautia
waialealae–c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(cccliv) Kauai 18–Geranium
kauaiense–c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclv) Kauai 18–Keysseria erici–c
(452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclvi) Kauai 18–Keysseria helenae–
c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclvii) Kauai 18–Labordia helleri–h
(452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclviii) Kauai 18–Labordia pumila–
c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclix) Kauai 18–Lysimachia
daphnoides–c (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclx) Kauai 18–Melicope degeneri–c
(452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxi) Kauai 18–Melicope puberula–
e (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxii) Kauai 18–Myrsine mezii–d
(452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxiii) Kauai 18–Phyllostegia
renovans–e (452 ha; 1,116 ac)
PO 00000
Frm 00122
Fmt 4701
Sfmt 4702
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxiv) Kauai 18–Platydesma
rostrata–k (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxv) Kauai 18–Psychotria
grandiflora–d (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxvi) Kauai 18–Tetraplasandra
flynnii–d (452 ha; 1,116 ac)
(A) See paragraph (a)(1)(cccxlix)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cccxlix)(B) of
this section for the map of this unit.
(ccclxvii) Kauai 19—Chamaesyce
remyi var. kauaiensis–f (120 ha; 296 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 19–Chamaesyce remyi var. remyi–
l, Kauai 19–Cyanea dolichopoda–d,
Kauai 19–Cyrtandra oenobarba–f, Kauai
19–Cyrtandra paliku–d, Kauai 19–
Dubautia plantaginea ssp. magnifolia–
d, Kauai 19–Lysimachia iniki–d, Kauai
19–Lysimachia pendens–d, Kauai 19–
Lysimachia venosa–d, and Kauai 19–
Platydesma rostrata–l (see paragraphs
(a)(1)(ccclxviii), (a)(1)(ccclxix),
(a)(1)(ccclxx), (a)(1)(ccclxxi),
(a)(1)(ccclxxii), (a)(1)(ccclxxiii),
(a)(1)(ccclxxiv), (a)(1)(ccclxxv), and
(a)(1)(ccclxxvi), respectively, of this
section).
(B) Note: Map 217b follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00123
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
62713
EP21oc08.044
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62714
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(ccclxviii) Kauai 19–Chamaesyce
remyi var. remyi–l (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxix) Kauai 19–Cyanea
dolichopoda–d (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxx) Kauai 19–Cyrtandra
oenobarba–f (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxxi) Kauai 19–Cyrtandra paliku–
d (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(ccclxxii) Kauai 19–Dubautia
plantaginea ssp. magnifolia–d (120 ha;
296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxxiii) Kauai 19–Lysimachia
iniki–d (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxxiv) Kauai 19–Lysimachia
pendens–d (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxxv) Kauai 19– Lysimachia
venosa–d (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
PO 00000
Frm 00124
Fmt 4701
Sfmt 4702
(ccclxxvi) Kauai 19–Platydesma
rostrata–l (120 ha; 296 ac)
(A) See paragraph (a)(1)(ccclxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxvii)(B) of
this section for the map of this unit.
(ccclxxvii) Kauai 20–Chamaesyce
remyi var. kauaiensis–g (9 ha; 23 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 20–Chamaesyce remyi var. remyi–
m, Kauai 20–Cyanea dolichopoda–e,
Kauai 20–Cyrtandra oenobarba–g, Kauai
20–Cyrtandra paliku–e, Kauai 20–
Dubautia plantaginea ssp. magnifolia–e,
Kauai 20–Lysimachia iniki–e, Kauai 20–
Lysimachia pendens–e, Kauai 20–
Lysimachia venosa–e, and Kauai 20–
Platydesma rostrata–m (see paragraphs
(a)(1)(ccclxxviii), (a)(1)(ccclxxix),
(a)(1)(ccclxxx), (a)(1)(ccclxxxi),
(a)(1)(ccclxxxii), (a)(1)(ccclxxxiii),
(a)(1)(ccclxxxiv), (a)(1)(ccclxxxv), and
(a)(1)(ccclxxxvi), respectively, of this
section).
(B) Note: Map 217c follows:
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00125
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
62715
EP21oc08.045
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62716
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(ccclxxviii) Kauai 20–Chamaesyce
remyi var. remyi–m (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxix) Kauai 20–Cyanea
dolichopoda–e (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxx) Kauai 20–Cyrtandra
oenobarba–g (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxi) Kauai 20–Cyrtandra
paliku–e (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxii) Kauai 20–Dubautia
plantaginea ssp. magnifolia–e (9 ha; 23
ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxiii) Kauai 20–Lysimachia
iniki–e (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxiv) Kauai 20–Lysimachia
pendens–e (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxv) Kauai 20– Lysimachia
venosa–e (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxvi) Kauai 20–Platydesma
rostrata–m (9 ha; 23 ac)
(A) See paragraph (a)(1)(ccclxxvii)(A)
of this section for the textual description
of this unit.
PO 00000
Frm 00126
Fmt 4701
Sfmt 4702
(B) See paragraph (a)(1)(ccclxxvii)(B)
of this section for the map of this unit.
(ccclxxxvii) Kauai 21–Chamaesyce
remyi var. kauaiensis–h (26 ha; 65 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 21–Chamaesyce remyi var. remyi–
n, Kauai 21–Charpentiera densiflora–e,
Kauai 21–Cyanea eleeleensis–c, Kauai
21–Cyanea kolekoleensis–c, Kauai 21–
Cyanea kuhihewa–c, Kauai 21–
Cyrtandra oenobarba–h, Kauai 21–
Dubautia imbricata ssp. imbricata–c,
Kauai 21–Labordia helleri–i, Kauai 21–
Melicope paniculata–c, Kauai 21–
Melicope puberula–f, Kauai 21–
Phyllostegia renovans–f, Kauai 21–
Platydesma rostrata–n, Kauai 21–
Stenogyne kealiae–e, and Kauai 21–
Tetraplasandra bisattenuata–e (see
paragraphs (a)(1)(ccclxxxviii),
(a)(1)(ccclxxxix), (a)(1)(cccxc),
(a)(1)(cccxci), (a)(1)(cccxcii),
(a)(1)(cccxciii), (a)(1)(cccxciv),
(a)(1)(cccxcv), (a)(1)(cccxcvi),
(a)(1)(cccxcvii), (a)(1)(cccxcviii),
(a)(1)(cccxcix), (a)(1)(cd), and (a)(1)(cdi),
respectively, of this section).
(B) Note: Map 217d follows:
E:\FR\FM\21OCP2.SGM
21OCP2
62717
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00127
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.046
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62718
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(ccclxxxviii) Kauai 21–Chamaesyce
remyi var. remyi–n (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(ccclxxxix) Kauai 21–Charpentiera
densiflora–e (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxc) Kauai 21–Cyanea eleeleensis–
c (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxci) Kauai 21–Cyanea
kolekoleensis–c (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcii) Kauai 21–Cyanea kuhihewa–
c (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxciii) Kauai 21–Cyrtandra
oenobarba–h (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxciv) Kauai 21–Dubautia
imbricata ssp. imbricata–c (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcv) Kauai 21–Labordia helleri–i
(26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcvi) Kauai 21–Melicope
paniculata–c (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcvii) Kauai 21–Melicope
puberula–f (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcviii) Kauai 21–Phyllostegia
renovans–f (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cccxcix) Kauai 21–Platydesma
rostrata–n (26 ha; 65 ac)
PO 00000
Frm 00128
Fmt 4701
Sfmt 4702
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cd) Kauai 21–Stenogyne kealiae–e
(26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cdi) Kauai 21–Tetraplasandra
bisattenuata–e (26 ha; 65 ac)
(A) See paragraph
(a)(1)(ccclxxxvii)(A) of this section for
the textual description of this unit.
(B) See paragraph (a)(1)(ccclxxxvii)(B)
of this section for the map of this unit.
(cdii) Kauai 22–Chamaesyce remyi
var. remyi–o (3 ha; 8 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 22–Diellia mannii–b, Kauai 22–
Labordia helleri–j, Kauai 22–Myrsine
knudsenii–b, Kauai 22–Myrsine mezii–e,
Kauai 22–Platydesma rostrata–o, Kauai
22–Psychotria grandiflora–e, Kauai 22–
Stenogyne kealiae–f, and Kauai 22–
Tetraplasandra flynnii–e (see
paragraphs (a)(1)(cdiii), (a)(1)(cdiv),
(a)(1)(cdv), (a)(1)(cdvi), (a)(1)(cdvii),
(a)(1)(cdviii), (a)(1)(cdix), and
(a)(1)(cdx), respectively, of this section).
(B) Note: Map 217e follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00129
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
62719
EP21oc08.047
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62720
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(cdiii) Kauai 22–Diellia mannii–b (3
ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdiv) Kauai 22–Labordia helleri–j (3
ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdv) Kauai 22–Myrsine knudsenii–b
(3 ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdvi) Kauai 22–Myrsine mezii–e (3
ha; 8 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdvii) Kauai 22–Platydesma rostrata–
o (3 ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdviii) Kauai 22–Psychotria
grandiflora–e (3 ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdix) Kauai 22–Stenogyne kealiae–f
(3 ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
PO 00000
Frm 00130
Fmt 4701
Sfmt 4702
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdx) Kauai 22–Tetraplasandra
flynnii–e (3 ha; 8 ac)
(A) See paragraph (a)(1)(cdii)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdii)(B) of
this section for the map of this unit.
(cdxi) Kauai 23–Chamaesyce remyi
var. remyi–p (56 ha; 138 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 23–Diellia mannii–c, Kauai 23–
Labordia helleri–k, Kauai 23–Myrsine
knudsenii–c, Kauai 23–Myrsine mezii–f,
Kauai 23–Platydesma rostrata–p, Kauai
23–Psychotria grandiflora–f, Kauai 23–
Stenogyne kealiae–g, and Kauai 23–
Tetraplasandra flynnii–f (see paragraphs
(a)(1)(cdxii), (a)(1)(cdxiii), (a)(1)(cdxiv),
(a)(1)(cdxv), (a)(1)(cdxvi), (a)(1)(cdxvii),
(a)(1)(cdxviii), and (a)(1)(cdxix),
respectively, of this section).
(B) Note: Map 217f follows:
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00131
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
62721
EP21oc08.048
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62722
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(cdxii) Kauai 23–Diellia mannii–c (56
ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxiii) Kauai 23–Labordia helleri–k
(56 ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxiv) Kauai 23–Myrsine knudsenii–
c (56 ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxv) Kauai 23–Myrsine mezii–f (56
ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxvi) Kauai 23–Platydesma
rostrata–p (56 ha; 138 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxvii) Kauai 23–Psychotria
grandiflora–f (56 ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxviii) Kauai 23–Stenogyne kealiae–
g (56 ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxix) Kauai 23–Tetraplasandra
flynnii–f (56 ha; 138 ac)
(A) See paragraph (a)(1)(cdxi)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxi)(B) of
this section for the map of this unit.
(cdxx) Kauai 24–Astelia waialealae–d
(0.2 ha; 0.4 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
PO 00000
Frm 00132
Fmt 4701
Sfmt 4702
Kauai 24–Chamaesyce remyi var. remyi–
q, Kauai 24–Dryopteris crinalis var.
podosorus–d, Kauai 24–Dubautia
kalalauensis–d, Kauai 24–Dubautia
waialealae–d, Kauai 24–Geranium
kauaiense–d, Kauai 24–Keysseria erici–
d, Kauai 24–Keysseria helenae–d, Kauai
24–Labordia helleri–l, Kauai 24–
Labordia pumila–d, Kauai 24–
Lysimachia daphnoides–d, Kauai 24–
Melicope degeneri–d, Kauai 24–
Melicope puberula–g, Kauai 24–Myrsine
mezii–g, Kauai 24–Phyllostegia
renovans–g, Kauai 24–Platydesma
rostrata–q, Kauai 24–Psychotria
grandiflora–g, and Kauai 24–
Tetraplasandra flynnii–g (see
paragraphs (a)(1)(cdxxi), (a)(1)(cdxxii),
(a)(1)(cdxxiii), (a)(1)(cdxxiv),
(a)(1)(cdxxv), (a)(1)(cdxxvi),
(a)(1)(cdxxvii), (a)(1)(cdxxviii),
(a)(1)(cdxxix), (a)(1)(cdxxx),
(a)(1)(cdxxxi), (a)(1)(cdxxxii),
(a)(1)(cdxxxiii), (a)(1)(cdxxxiv),
(a)(1)(cdxxxv), (a)(1)(cdxxxvi), and
(a)(1)(cdxxxvii), respectively, of this
section).
(B) Note: Map 217g follows:
E:\FR\FM\21OCP2.SGM
21OCP2
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00133
Fmt 4701
Sfmt 4725
E:\FR\FM\21OCP2.SGM
21OCP2
62723
EP21oc08.049
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62724
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(cdxxi) Kauai 24–Chamaesyce remyi
var. remyi–q (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxii) Kauai 24–Dryopteris crinalis
var. podosorus–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxiii) Kauai 24–Dubautia
kalalauensis–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxiv) Kauai 24–Dubautia
waialealae–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxv) Kauai 24–Geranium
kauaiense–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxvi) Kauai 24–Keysseria erici–d
(0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxvii) Kauai 24–Keysseria
helenae–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxviii) Kauai 24–Labordia helleri–
l (0.2 ha; 0.4 ac)
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxix) Kauai 24–Labordia pumila–d
(0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxx) Kauai 24–Lysimachia
daphnoides–d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxi) Kauai 24–Melicope degeneri–
d (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxii) Kauai 24–Melicope
puberula–g (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxiii) Kauai 24–Myrsine mezii–g
(0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxiv) Kauai 24–Phyllostegia
renovans–g (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxv) Kauai 24–Platydesma
rostrata–q (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
PO 00000
Frm 00134
Fmt 4701
Sfmt 4702
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxvi) Kauai 24–Psychotria
grandiflora–g (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxvii) Kauai 24–Tetraplasandra
flynnii–g (0.2 ha; 0.4 ac)
(A) See paragraph (a)(1)(cdxx)(A) of
this section for the textual description of
this unit.
(B) See paragraph (a)(1)(cdxx)(B) of
this section for the map of this unit.
(cdxxxviii) Kauai 25–Astelia
waialealae–e (0.01 ha; 0.04 ac)
(A) [Reserve for textual description of
unit.] This unit is also critical habitat for
Kauai 25–Chamaesyce remyi var. remyi–
r, Kauai 25–Dryopteris crinalis var.
podosorus–e, Kauai 25–Dubautia
kalalauensis–e, Kauai 25–Dubautia
waialealae–e, Kauai 25–Geranium
kauaiense–e, Kauai 25–Keysseria erici–
e, Kauai 25–Keysseria helenae–e, Kauai
25–Labordia helleri–m, Kauai 25–
Labordia pumila–e, Kauai 25–
Lysimachia daphnoides–e, Kauai 25–
Melicope degeneri–e, Kauai 25–
Melicope puberula–h, Kauai 25–Myrsine
mezii–h, Kauai 25–Phyllostegia
renovans–h, Kauai 25–Platydesma
rostrata–r, Kauai 25–Psychotria
grandiflora–h, and Kauai 25–
Tetraplasandra flynnii–h (see
paragraphs (a)(1)(cdxxxix), (a)(1)(cdxl),
(a)(1)(cdxli), (a)(1)(cdxlii), (a)(1)(cdxliii),
(a)(1)(cdxliv), (a)(1)(cdxlv),
(a)(1)(cdxlvi), (a)(1)(cdxlvii),
(a)(1)(cdxlviii), (a)(1)(cdxlix), (a)(1)(cdl),
(a)(1)(cdli), (a)(1)(cdlii), (a)(1)(cdliii),
(a)(1)(cdliv), and (a)(1)(cdlv),
respectively, of this section).
(B) Note: Map 217h follows:
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
62725
BILLING CODE 4310–55–C
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00135
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
EP21oc08.050
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
62726
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(cdxxxix) Kauai 25–Chamaesyce
remyi var. remyi–r (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxl) Kauai 25–Dryopteris crinalis
var. podosorus–e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxli) Kauai 25–Dubautia
kalalauensis–e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlii) Kauai 25–Dubautia
waialealae–e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxliii) Kauai 25–Geranium
kauaiense–e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxliv) Kauai 25–Keysseria erici–e
(0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlv) Kauai 25–Keysseria helenae–e
(0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlvi) Kauai 25–Labordia helleri–m
(0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlvii) Kauai 25–Labordia pumila–e
(0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlviii) Kauai 25–Lysimachia
daphnoides–e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdxlix) Kauai 25–Melicope degeneri–
e (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdl) Kauai 25–Melicope puberula–h
(0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdli) Kauai 25–Myrsine mezii–h (0.01
ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdlii) Kauai 25–Phyllostegia
renovans–h (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdliii) Kauai 25–Platydesma
rostrata–r (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdliv) Kauai 25–Psychotria
grandiflora–h (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(cdlv) Kauai 25–Tetraplasandra
flynnii–h (0.01 ha; 0.04 ac)
(A) See paragraph (a)(1)(cdxxxviii)(A)
of this section for the textual description
of this unit.
(B) See paragraph (a)(1)(cdxxxviii)(B)
of this section for the map of this unit.
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI
Unit name
Species occupied
Species unoccupied
*******
Kauai 4–Chamaesyce remyi var. kauaiensis–a
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 4–Chamaesyce remyi var. remyi–a
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Cyanea dolichopoda
Cyanea dolichopoda
Kauai 4–Cyrtandra oenobarba–a
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 4–Cyrtandra paliku–a
Cyrtandra paliku
Cyrtandra paliku
Dubautia plantaginea ssp. magnifolia
Dubautia plantaginea ssp. magnifolia
Kauai 4–Lysimachia iniki–a
Lysimachia iniki
Lysimachia iniki
Kauai 4–Lysimachia pendens–a
Lysimachia pendens
Lysimachia pendens
*******
Kauai 4–Cyanea dolichopoda–a
*******
jlentini on PROD1PC65 with PROPOSALS2
Kauai
4–Dubautia
magnifolia–a
plantaginea
ssp.
*******
Kauai 4– Lysimachia venosa–a
VerDate Aug<31>2005
16:54 Oct 20, 2008
Lysimachia venosa
Jkt 217001
PO 00000
Frm 00136
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
*******
Kauai 4–Platydesma rostrata–a
Platydesma rostrata
Platydesma rostrata
Kauai 7–Canavalia napaliensis–a
Canavalia napaliensis
Canavalia napaliensis
Kauai 7–Chamaesyce eleanoriae–a
Chamaesyce eleanoriae
Chamaesyce eleanoriae
Kauai 7–Chamaesyce remyi var. remyi–b
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 7–Charpentiera densiflora–a
Charpentiera densiflora
Charpentiera densiflora
Kauai 7–Doryopteris angelica–a
Doryopteris angelica
Doryopteris angelica
Kauai 7–Dubautia kenwoodii–a
Dubautia kenwoodii
Dubautia kenwoodii
Labordia helleri
Labordia helleri
Kauai 7–Pittosporum napaliense–a
Pittosporum napaliense
Pittosporum napaliense
Kauai 7–Platydesma rostrata–b
Platydesma rostrata
Platydesma rostrata
Kauai 7–Psychotria hobdyi–a
Psychotria hobdyi
Psychotria hobdyi
Tetraplasandra bisattenuata
Tetraplasandra bisattenuata
Astelia waialealae
Astelia waialealae
Kauai 10–Chamaesyce remyi var. kauaiensis–
b
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 10–Chamaesyce remyi var. kauaiensis–
c
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 10–Chamaesyce remyi var. remyi–c
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 10–Chamaesyce remyi var. remyi–d
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 10–Chamaesyce remyi var. remyi–e
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 10–Charpentiera densiflora–b
Charpentiera densiflora
Charpentiera densiflora
Cyanea dolichopoda
Cyanea dolichopoda
*******
*******
*******
Kauai 7–Labordia helleri–a
*******
*******
Kauai 7–Tetraplasandra bisattenuata–a
*******
Kauai 10–Astelia waialealae–a
*******
*******
Kauai 10–Cyanea dolichopoda–b
Kauai 10–Cyanea eleeleensis–a
Cyanea eleeleensis
Kauai 10–Cyanea kolekoleensis–a
Cyanea kolekoleensis
Kauai 10–Cyanea kuhihewa–a
Cyanea kuhihewa
jlentini on PROD1PC65 with PROPOSALS2
*******
Kauai 10–Cyrtandra oenobarba–b
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 10–Cyrtandra oenobarba–c
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 10–Cyrtandra paliku–b
Cyrtandra paliku
Cyrtandra paliku
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00137
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62727
62728
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
Kauai 10–Dryopteris crinalis var. podosorus–a
Dryopteris crinalis var. podosorus
Dryopteris crinalis var. podosorus
Kauai 10–Dubautia imbricata ssp. imbricata–a
Dubautia imbricata ssp. imbricata
Dubautia imbricata ssp. imbricata
Kauai 10–Dubautia kalalauensis–a
Dubautia kalalauensis
Dubautia kalalauensis
Dubautia plantaginea ssp. magnifolia
Dubautia plantaginea ssp. magnifolia
Dubautia waialealae
Dubautia waialealae
Geranium kauaiense
Geranium kauaiense
Kauai 10–Keysseria erici–a
Keysseria erici
Keysseria erici
Kauai 10–Keysseria helenae–a
Keysseria helenae
Keysseria helenae
Kauai 10–Labordia helleri–b
Labordia helleri
Labordia helleri
Kauai 10–Labordia helleri–c
Labordia helleri
Labordia helleri
Labordia pumila
Labordia pumila
Lysimachia daphnoides
Lysimachia daphnoides
Kauai 10–Lysimachia iniki–b
Lysimachia iniki
Lysimachia iniki
Kauai 10–Lysimachia pendens–b
Lysimachia pendens
Lysimachia pendens
*******
Kauai
10–Dubautia
magnifolia–b
plantaginea
Kauai 10–Dubautia waialealae–a
ssp.
*******
Kauai 10–Geranium kauaiense–a
*******
*******
Kauai 10–Labordia pumila–a
*******
Kauai 10–Lysimachia daphnoides–a
*******
Kauai 10–Lysimachia venosa–b
Lysimachia venosa
Kauai 10–Melicope degeneri–a
Melicope paniculata
Melicope paniculata
Kauai 10–Melicope paniculata–a
Melicope paniculata
Melicope paniculata
Kauai 10–Melicope puberula–a
Melicope puberula
Melicope puberula
Kauai 10–Melicope puberula–b
Melicope puberula
Melicope puberula
Myrsine mezii
Myrsine mezii
Kauai 10–Phyllostegia renovans–a
Phyllostegia renovans
Phyllostegia renovans
Kauai 10–Phyllostegia renovans–b
Phyllostegia renovans
Phyllostegia renovans
Kauai 10–Platydesma rostrata–c
Platydesma rostrata
Platydesma rostrata
Kauai 10–Platydesma rostrata–d
Platydesma rostrata
Platydesma rostrata
Kauai 10–Platydesma rostrata–e
Platydesma rostrata
Platydesma rostrata
Kauai 10–Psychotria grandiflora–a
Psychotria grandiflora
Psychotria grandiflora
*******
Kauai 10–Myrsine mezii–a
*******
jlentini on PROD1PC65 with PROPOSALS2
*******
*******
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00138
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
Kauai 10–Stenogyne kealiae–a
Stenogyne kealiae
Stenogyne kealiae
Kauai 10–Tetraplasandra bisattenuata–b
Tetraplasandra bisattenuata
Tetraplasandra bisattenuata
Kauai 10–Tetraplasandra flynnii–a
Tetraplasandra flynnii
Tetraplasandra flynnii
Astelia waialealae
Astelia waialealae
Canavalia napaliensis
Canavalia napaliensis
Kauai 11–Chamaesyce eleanoriae–b
Chamaesyce eleanoriae
Chamaesyce eleanoriae
Kauai 11–Chamaesyce eleanoriae–c
Chamaesyce eleanoriae
Chamaesyce eleanoriae
Kauai 11–Chamaesyce remyi var. kauaiensis–
d
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 11–Chamaesyce remyi var. kauaiensis–
e
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 11–Chamaesyce remyi var. remyi–f
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 11–Chamaesyce remyi var. remyi–g
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 11–Chamaesyce remyi var. remyi–h
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 11–Chamaesyce remyi var. remyi–i
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 11–Chamaesyce remyi var. remyi–j
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 11–Charpentiera densiflora–c
Charpentiera densiflora
Charpentiera densiflora
Kauai 11–Charpentiera densiflora–d
Charpentiera densiflora
Charpentiera densiflora
Cyanea dolichopoda
Cyanea dolichopoda
*******
Kauai 11–Astelia waialealae–b
*******
Kauai 11–Canavalia napaliensis–b
*******
*******
*******
Kauai 11–Cyanea dolichopoda–c
Kauai 11–Cyanea eleeleensis–b
Cyanea eleeleensis
Kauai 11–Cyanea kolekoleensis–b
Cyanea kolekoleensis
Kauai 11–Cyanea kuhihewa–b
Cyanea kuhihewa
*******
Kauai 11–Cyrtandra oenobarba–d
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 11–Cyrtandra oenobarba–e
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 11–Cyrtandra paliku–c
Cyrtandra paliku
Cyrtandra paliku
Diellia mannii
Diellia mannii
Kauai 11–Doryopteris angelica–b
Doryopteris angelica
Doryopteris angelica
Kauai 11–Dryopteris crinalis var. podosorus–b
Dryopteris crinalis var. podosorus
Dryopteris crinalis var. podosorus
Kauai 11–Dubautia imbricata ssp. imbricata–b
Dubautia imbricata ssp. imbricata
Dubautia imbricata ssp. imbricata
Kauai 11–Dubautia kalalauensis–b
Dubautia kalalauensis
Dubautia kalalauensis
*******
Kauai 11–Diellia mannii–a
jlentini on PROD1PC65 with PROPOSALS2
*******
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00139
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62729
62730
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Kauai 11–Dubautia kenwoodii–b
Species unoccupied
Dubautia kenwoodii
Dubautia kenwoodii
Dubautia plantaginea ssp. magnifolia
Dubautia plantaginea ssp. magnifolia
Dubautia waialealae
Dubautia waialealae
Geranium kauaiense
Geranium kauaiense
Kauai 11–Keysseria erici–b
Keysseria erici
Keysseria erici
Kauai 11–Keysseria helenae–b
Keysseria helenae
Keysseria helenae
Kauai 11–Labordia helleri–d
Labordia helleri
Labordia helleri
Kauai 11–Labordia helleri–e
Labordia helleri
Labordia helleri
Kauai 11–Labordia helleri–f
Labordia helleri
Labordia helleri
Kauai 11–Labordia helleri–g
Labordia helleri
Labordia helleri
Labordia pumila
Labordia pumila
Kauai 11–Lysimachia daphnoides–b
Lysimachia daphnoides
Lysimachia daphnoides
Kauai 11–Lysimachia iniki–c
Lysimachia iniki
Lysimachia iniki
Kauai 11–Lysimachia pendens–c
Lysimachia pendens
Lysimachia pendens
Kauai 11–Lysimachia scopulensis–a
Lysimachia scopulensis
Lysimachia scopulensis
*******
Kauai
11–Dubautia
magnifolia–c
plantaginea
Kauai 11–Dubautia waialealae–b
ssp.
*******
Kauai 11–Geranium kauaiense–b
*******
*******
*******
Kauai 11–Labordia pumila–b
*******
Kauai 11–Lysimachia venosa–c
Lysimachia venosa
*******
Kauai 11–Melicope degeneri–b
Melicope degeneri
Melicope degeneri
Kauai 11–Melicope paniculata–b
Melicope paniculata
Melicope paniculata
Kauai 11–Melicope puberula–c
Melicope puberula
Melicope puberula
Kauai 11–Melicope puberula–d
Melicope puberula
Melicope puberula
Myrsine knudsenii
Myrsine knudsenii
Kauai 11–Myrsine mezii–b
Myrsine mezii
Myrsine mezii
Kauai 11–Myrsine mezii–c
Myrsine mezii
Myrsine mezii
Kauai 11–Phyllostegia renovans–c
Phyllostegia renovans
Phyllostegia renovans
Kauai 11–Phyllostegia renovans–d
Phyllostegia renovans
Phyllostegia renovans
*******
*******
Kauai 11–Myrsine knudsenii–a
jlentini on PROD1PC65 with PROPOSALS2
*******
*******
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00140
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
*******
Kauai 11–Pittosporum napaliense–b
Pittosporum napaliense
Pittosporum napaliense
Kauai 11–Platydesma rostrata–f
Platydesma rostrata
Platydesma rostrata
Kauai 11–Platydesma rostrata–g
Platydesma rostrata
Platydesma rostrata
Kauai 11–Platydesma rostrata–h
Platydesma rostrata
Platydesma rostrata
Kauai 11–Platydesma rostrata–i
Platydesma rostrata
Platydesma rostrata
Kauai 11–Platydesma rostrata–j
Platydesma rostrata
Platydesma rostrata
Kauai 11–Psychotria grandiflora–b
Psychotria grandiflora
Psychotria grandiflora
Kauai 11–Psychotria grandiflora–c
Psychotria grandiflora
Psychotria grandiflora
Kauai 11–Psychotria hobdyi–b
Psychotria hobdyi
Psychotria hobdyi
Schiedea attenuata
Schiedea attenuata
Kauai 11–Stenogyne kealiae–b
Stenogyne kealiae
Stenogyne kealiae
Kauai 11–Stenogyne kealiae–c
Stenogyne kealiae
Stenogyne kealiae
Kauai 11–Stenogyne kealiae–d
Stenogyne kealiae
Stenogyne kealiae
Kauai 11–Tetraplasandra bisattenuata–c
Tetraplasandra bisattenuata
Tetraplasandra bisattenuata
Kauai 11–Tetraplasandra bisattenuata–d
Tetraplasandra bisattenuata
Tetraplasandra bisattenuata
Kauai 11–Tetraplasandra flynnii–b
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 11–Tetraplasandra flynnii–c
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 18–Astelia waialealae–c
Astelia waialealae
Astelia waialealae
Kauai 18–Chamaesyce remyi var. remyi–k
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 18–Dryopteris crinalis var. podosorus–c
Dryopteris crinalis var. podosorus
Dryopteris crinalis var. podosorus
Kauai 18–Dubautia kalalauensis–c
Dubautia kalalauensis
Dubautia kalalauensis
Kauai 18–Dubautia waialealae–c
Dubautia waialealae
Dubautia waialealae
Kauai 18–Geranium kauaiense–c
Geranium kauaiense
Geranium kauaiense
Kauai 18–Keysseria erici–c
Keysseria erici
Keysseria erici
Kauai 18–Keysseria helenae–c
Keysseria helenae
Keysseria helenae
Kauai 18–Labordia helleri–h
Labordia helleri
Labordia helleri
Kauai 18–Labordia pumila–c
Labordia pumila
Labordia pumila
Kauai 18–Lysimachia daphnoides–c
Lysimachia daphnoides
Lysimachia daphnoides
Kauai 18–Melicope degeneri–c
Melicope degeneri
Melicope degeneri
Kauai 18–Melicope puberula–e
Melicope puberula
Melicope puberula
Kauai 18–Myrsine mezii–d
Myrsine mezii
Myrsine mezii
*******
*******
*******
Kauai 11–Schiedea attenuata–a
*******
jlentini on PROD1PC65 with PROPOSALS2
*******
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00141
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62731
62732
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
Kauai 18–Phyllostegia renovans–e
Phyllostegia renovans
Phyllostegia renovans
Kauai 18–Platydesma rostrata–k
Platydesma rostrata
Platydesma rostrata
Kauai 18–Psychotria grandiflora–d
Psychotria grandiflora
Psychotria grandiflora
Kauai 18–Tetraplasandra flynnii–d
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 19–Chamaesyce remyi var. kauaiensis–
f
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 19–Chamaesyce remyi var. remyi–l
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 19–Cyanea dolichopoda–d
Cyanea dolichopoda
Cyanea dolichopoda
Kauai 19–Cyrtandra oenobarba–f
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 19–Cyrtandra paliku–d
Cyrtandra paliku
Cyrtandra paliku
Dubautia plantaginea ssp. magnifolia
Dubautia plantaginea ssp. magnifolia
Kauai 19–Lysimachia iniki–d
Lysimachia iniki
Lysimachia iniki
Kauai 19–Lysimachia pendens–d
Lysimachia pendens
Lysimachia pendens
Kauai
19–Dubautia
magnifolia–d
plantaginea
ssp.
Kauai 19– Lysimachia venosa–d
Lysimachia venosa
Kauai 19–Platydesma rostrata–l
Platydesma rostrata
Platydesma rostrata
Kauai 20–Chamaesyce remyi var. kauaiensis–
g
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 20–Chamaesyce remyi var. remyi–m
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 20–Cyanea dolichopoda–e
Cyanea dolichopoda
Cyanea dolichopoda
Kauai 20–Cyrtandra oenobarba–g
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 20–Cyrtandra paliku–e
Cyrtandra paliku
Cyrtandra paliku
Dubautia plantaginea ssp. magnifolia
Dubautia plantaginea ssp. magnifolia
Kauai 20–Lysimachia iniki–e
Lysimachia iniki
Lysimachia iniki
Kauai 20–Lysimachia pendens–e
Lysimachia pendens
Lysimachia pendens
Kauai
20–Dubautia
magnifolia–e
plantaginea
ssp.
Kauai 20– Lysimachia venosa–e
Lysimachia venosa
Kauai 20–Platydesma rostrata–m
Platydesma rostrata
Platydesma rostrata
Kauai 21–Chamaesyce remyi var. kauaiensis–
h
Chamaesyce remyi var. kauaiensis
Chamaesyce remyi var. kauaiensis
Kauai 21–Chamaesyce remyi var. remyi–n
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 21–Charpentiera densiflora–e
Charpentiera densiflora
Charpentiera densiflora
Kauai 21–Cyanea eleeleensis–c
Cyanea eleeleensis
Kauai 21–Cyanea kolekoleensis–c
Cyanea kolekoleensis
Kauai 21–Cyanea kuhihewa–c
Cyanea kuhihewa
jlentini on PROD1PC65 with PROPOSALS2
Kauai 21–Cyrtandra oenobarba–h
Cyrtandra oenobarba
Cyrtandra oenobarba
Kauai 21–Dubautia imbricata ssp. imbricata–c
Dubautia imbricata ssp. imbricata
Dubautia imbricata ssp. imbricata
Kauai 21–Labordia helleri–i
Labordia heller
Labordia heller
Kauai 21–Melicope paniculata–c
Melicope paniculata
Melicope paniculata
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00142
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
Melicope puberula
Melicope puberula
Kauai 21–Phyllostegia renovans–f
Phyllostegia renovans
Phyllostegia renovans
Kauai 21–Platydesma rostrata–n
Platydesma rostrata
Platydesma rostrata
Kauai 21–Stenogyne kealiae–e
Stenogyne kealiae
Stenogyne kealiae
Kauai 21–Tetraplasandra bisattenuata–e
Tetraplasandra bisattenuata
Tetraplasandra bisattenuata
Kauai 22–Chamaesyce remyi var. remyi–o
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 22–Diellia mannii–b
Diellia mannii
Diellia mannii
Kauai 22–Labordia helleri–j
Labordia helleri
Labordia helleri
Kauai 22–Myrsine knudsenii–b
Myrsine knudsenii
Myrsine knudsenii
Kauai 22–Myrsine mezii–e
Myrsine mezii
Myrsine mezii
Kauai 22–Platydesma rostrata–o
Platydesma rostrata
Platydesma rostrata
Kauai 22–Psychotria grandiflora–e
Psychotria grandiflora
Psychotria grandiflora
Kauai 22–Stenogyne kealiae–f
Stenogyne kealiae
Stenogyne kealiae
Kauai 22–Tetraplasandra flynnii–e
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 23–Chamaesyce remyi var. remyi–p
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 23–Diellia mannii–c
Diellia mannii
Diellia mannii
Kauai 23–Labordia helleri–k
Labordia helleri
Labordia helleri
Kauai 23–Myrsine knudsenii–c
Myrsine knudsenii
Myrsine knudsenii
Kauai 23–Myrsine mezii–f
Myrsine mezii
Myrsine mezii
Kauai 23–Platydesma rostrata–p
Platydesma rostrata
Platydesma rostrata
Kauai 23–Psychotria grandiflora–f
Psychotria grandiflora
Psychotria grandiflora
Kauai 23–Stenogyne kealiae–g
Stenogyne kealiae
Stenogyne kealiae
Kauai 23–Tetraplasandra flynnii–f
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 24–Astelia waialealae–d
Astelia waialealae
Astelia waialealae
Kauai 24–Chamaesyce remyi var. remyi–q
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 24–Dryopteris crinalis var. podosorus–d
Dryopteris crinalis var. podosorus
Dryopteris crinalis var. podosorus
Kauai 24–Dubautia kalalauensis–d
Dubautia kalalauensis
Dubautia kalalauensis
Kauai 24–Dubautia waialealae–d
Dubautia waialealae
Dubautia waialealae
Kauai 24–Geranium kauaiense–d
Geranium kauaiense
Geranium kauaiense
Kauai 24–Keysseria erici–d
Keysseria erici
Keysseria erici
Kauai 24–Keysseria helenae–d
Keysseria helenae
Keysseria helenae
Kauai 24–Labordia helleri–l
Labordia helleri
Labordia helleri
Kauai 24–Labordia pumila–d
Labordia pumila
Labordia pumila
Kauai 24–Lysimachia daphnoides–d
jlentini on PROD1PC65 with PROPOSALS2
Kauai 21–Melicope puberula–f
Lysimachia daphnoides
Lysimachia daphnoides
Kauai 24–Melicope degeneri–d
Melicope degeneri
Melicope degeneri
Kauai 24–Melicope puberula–g
Melicope puberula
Melicope puberula
Kauai 24–Myrsine mezii–g
Myrsine mezii
Myrsine mezii
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
PO 00000
Frm 00143
Fmt 4701
Sfmt 4702
E:\FR\FM\21OCP2.SGM
21OCP2
62733
62734
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(CDLVI) TABLE OF PROTECTED SPECIES WITHIN EACH CRITICAL HABITAT UNIT FOR KAUAI—Continued
Unit name
Species occupied
Species unoccupied
Kauai 24–Phyllostegia renovans–g
Phyllostegia renovans
Phyllostegia renovans
Kauai 24–Platydesma rostrata–q
Platydesma rostrata
Platydesma rostrata
Kauai 24–Psychotria grandiflora–g
Psychotria grandiflora
Psychotria grandiflora
Kauai 24–Tetraplasandra flynnii–g
Tetraplasandra flynnii
Tetraplasandra flynnii
Kauai 25–Astelia waialealae–e
Astelia waialealae
Astelia waialealae
Kauai 25–Chamaesyce remyi var. remyi–r
Chamaesyce remyi var. remyi
Chamaesyce remyi var. remyi
Kauai 25–Dryopteris crinalis var. podosorus–e
Dryopteris crinalis var. podosorus
Dryopteris crinalis var. podosorus
Kauai 25–Dubautia kalalauensis–e
Dubautia kalalauensis
Dubautia kalalauensis
Kauai 25–Dubautia waialealae–e
Dubautia waialealae
Dubautia waialealae
Kauai 25–Geranium kauaiense–e
Geranium kauaiense
Geranium kauaiense
Kauai 25–Keysseria erici–e
Keysseria erici
Keysseria erici
Kauai 25–Keysseria helenae–e
Keysseria helenae
Keysseria helenae
Kauai 25–Labordia helleri–m
Labordia helleri
Labordia helleri
Kauai 25–Labordia pumila–e
Labordia pumila
Labordia pumila
Kauai 25–Lysimachia daphnoides–e
Lysimachia daphnoides
Lysimachia daphnoides
Kauai 25–Melicope degeneri–e
Melicope degeneri
Melicope degeneri
Kauai 25–Melicope puberula–h
Melicope puberula
Melicope puberula
Kauai 25–Myrsine mezii–h
Myrsine mezii
Myrsine mezii
Kauai 25–Phyllostegia renovans–h
Phyllostegia renovans
Phyllostegia renovans
Kauai 25–Platydesma rostrata–r
Platydesma rostrata
Platydesma rostrata
Kauai 25–Psychotria grandiflora–h
Psychotria grandiflora
Psychotria grandiflora
Kauai 25–Tetraplasandra flynnii–h
Tetraplasandra flynnii
Tetraplasandra flynnii
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(b) * * *
(1) * * *
FAMILY AMARANATHACEAE:
Charpentiera densiflora (PAPALA)
Kauai 7–Charpentiera densiflora–a,
Kauai 10–Charpentiera densiflora–b,
Kauai 11–Charpentiera densiflora–c,
Kauai 11–Charpentiera densiflora–d,
and Kauai 21–Charpentiera densiflora–
e, identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Charpentiera densiflora on Kauai.
(i) In units Kauai 7–Charpentiera
densiflora–a, and Kauai 11–
Charpentiera densiflora–c, the primary
constituent elements of critical habitat
are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Shallow soils, little to
no herbaceous layer.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
(ii) In units Kauai 10–Charpentiera
densiflora–b, Kauai 11–Charpentiera
densiflora–d, and Kauai 21–
Charpentiera densiflora–e, the primary
constituent elements of critical habitat
are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
PO 00000
Frm 00144
Fmt 4701
Sfmt 4702
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
*
*
*
*
*
FAMILY ARALIACEAE:
Tetraplasandra bisattenuata (NCN)
Kauai 7–Tetraplasandra
bisattenuata–a, Kauai 10–
Tetraplasandra bisattenuata–b, Kauai
11–Tetraplasandra bisattenuata–c,
Kauai 11–Tetraplasandra bisattenuata–
d, and Kauai 21–Tetraplasandra
bisattenuata–e, identified in the legal
descriptions in paragraph (a)(1) of this
section, constitute critical habitat for
Tetraplasandra bisattenuata on Kauai.
(i) In units Kauai 7–Tetraplasandra
bisattenuata–a, and Kauai 11–
Tetraplasandra bisattenuata–c, the
primary constituent elements of critical
habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(C) Substrate: Shallow soils, little to
no herbaceous layer.
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
(ii) In units Kauai 10–Tetraplasandra
bisattenuata–b, Kauai 11–
Tetraplasandra bisattenuata–d, and
Kauai 21–Tetraplasandra bisattenuata–
e, the primary constituent elements of
critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
FAMILY ARALIACEAE:
Tetraplasandra flynnii (NCN)
Kauai 10–Tetraplasandra flynnii–a,
Kauai 11–Tetraplasandra flynnii–b,
Kauai 11–Tetraplasandra flynnii–c,
Kauai 18–Tetraplasandra flynnii–d,
Kauai 22–Tetraplasandra flynnii–e,
Kauai 23–Tetraplasandra flynnii–f,
Kauai 24–Tetraplasandra flynnii–g, and
Kauai 25–Tetraplasandra flynnii–h,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Tetraplasandra flynnii on Kauai.
(i) In units Kauai 11–Tetraplasandra
flynnii–c, Kauai 22–Tetraplasandra
flynnii–e, and Kauai 23–Tetraplasandra
flynnii–f, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(ii) In units Kauai 10–Tetraplasandra
flynnii–a, Kauai 11–Tetraplasandra
flynnii–b, Kauai 18–Tetraplasandra
flynnii–d, Kauai 24–Tetraplasandra
flynnii–g, and Kauai 25–Tetraplasandra
flynnii–h, the primary constituent
elements of critical habitat are:
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
FAMILY ASTELIACEAE: Astelia
waialealae (PAINIU)
Kauai 10–Astelia waialealae–a, Kauai
11–Astelia waialealae–b, Kauai 18–
Astelia waialealae–c, Kauai 24–Astelia
waialealae–d, and Kauai 25–Astelia
waialealae–e, identified in the legal
descriptions in paragraph (a)(1) of this
section, constitute critical habitat for
Astelia waialealae on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Hummocks in bogs.
FAMILY ASTERACEAE: Dubautia
imbricata ssp. imbricata (NAENAE)
Kauai 10–Dubautia imbricata ssp.
imbricata–a, Kauai 11–Dubautia
imbricata ssp. imbricata–b, and Kauai
21–Dubautia imbricata ssp. imbricata–
c, identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Dubautia
imbricata ssp. imbricata on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(iv) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(v) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(vi) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
FAMILY ASTERACEAE: Dubautia
kalalauensis (NAENAE)
PO 00000
Frm 00145
Fmt 4701
Sfmt 4702
62735
Kauai 10–Dubautia kalalauensis–a,
Kauai 11–Dubautia kalalauensis–b,
Kauai 18–Dubautia kalalauensis–c,
Kauai 24–Dubautia kalalauensis–d, and
Kauai 25–Dubautia kalalauensis–e,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Dubautia
kalalauensis on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
FAMILY ASTERACEAE: Dubautia
kenwoodii (NAENAE)
Kauai 7–Dubautia kenwoodii–a and
Kauai 11–Dubautia kenwoodii–b,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Dubautia
kenwoodii on Kauai. Within these units,
the primary constituent elements of
critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Shallow soils, little to
no herbaceous layer.
(iv) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(v) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(vi) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
*
*
*
*
*
FAMILY ASTERACEAE: Dubautia
plantaginea ssp. magnifolia (NAENAE)
Kauai 4–Dubautia plantaginea ssp.
magnifolia–a, Kauai 10–Dubautia
plantaginea ssp. magnifolia–b, Kauai
11–Dubautia plantaginea ssp.
magnifolia–c, Kauai 19–Dubautia
plantaginea ssp. magnifolia–d, and
Kauai 20–Dubautia plantaginea ssp.
magnifolia–e, identified in the legal
descriptions in paragraph (a)(1) of this
section, constitute critical habitat for
Dubautia plantaginea ssp. magnifolia
on Kauai. Within these units, the
primary constituent elements of critical
habitat are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
E:\FR\FM\21OCP2.SGM
21OCP2
62736
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
*
*
*
*
*
FAMILY ASTERACEAE: Dubautia
waialealae (NAENAE)
Kauai 10–Dubautia waialealae–a,
Kauai 11–Dubautia waialealae–b, Kauai
18–Dubautia waialealae–c, Kauai 24–
Dubautia waialealae–d, and Kauai 25–
Dubautia waialealae–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Dubautia waialealae on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
*
*
*
*
*
FAMILY ASTERACEAE: Keysseria
erici (NCN)
Kauai 10–Keysseria erici–a, Kauai 11–
Keysseria erici–b, Kauai 18–Keysseria
erici–c, Kauai 24–Keysseria erici–d, and
Kauai 25–Keysseria erici–e, identified in
the legal descriptions in paragraph (a)(1)
of this section, constitute critical habitat
for Keysseria erici on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
FAMILY ASTERACEAE: Keysseria
helenae (NCN)
Kauai 10–Keysseria helenae–a, Kauai
11–Keysseria helenae–b, Kauai 18–
Keysseria helenae–c, Kauai 24–
Keysseria helenae–d, and Kauai 25–
Keysseria helenae–e, identified in the
legal descriptions in paragraph (a)(1) of
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
this section, constitute critical habitat
for Keysseria helenae on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
*
*
*
*
*
FAMILY CAMPANULACEAE: Cyanea
dolichopoda (HAHA)
Kauai 4–Cyanea dolichopoda–a,
Kauai 10–Cyanea dolichopoda–b, Kauai
11–Cyanea dolichopoda–c, Kauai 19–
Cyanea dolichopoda–d, and Kauai 20–
Cyanea dolichopoda–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Cyanea dolichopoda on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY CAMPANULACEAE: Cyanea
eleeleensis (HAHA)
Kauai 10–Cyanea eleeleensis–a, Kauai
11–Cyanea eleeleensis–b, and Kauai 21–
Cyanea eleeleensis–c, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Cyanea eleeleensis on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(iv) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(v) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(vi) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
FAMILY CAMPANULACEAE: Cyanea
kolekoleensis (HAHA)
Kauai 10–Cyanea kolekoleensis–a,
Kauai 11–Cyanea kolekoleensis–b, and
PO 00000
Frm 00146
Fmt 4701
Sfmt 4702
Kauai 21–Cyanea kolekoleensis–c,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Cyanea
kolekoleensis on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(iv) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(v) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(vi) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
FAMILY CAMPANULACEAE: Cyanea
kuhihewa (HAHA)
Kauai 10–Cyanea kuhihewa–a, Kauai
11–Cyanea kuhihewa–b, and Kauai 21–
Cyanea kuhihewa–c, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Cyanea kuhihewa on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(iv) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(v) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(vi) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
*
*
*
*
*
FAMILY CARYOPHYLLACEAE:
Schiedea attenuata (NCN)
Kauai 11–Schiedea attenuata–a,
identified in the legal description in
paragraph (a)(1) of this section,
constitutes critical habitat for Schiedea
attenuata on Kauai. Within this unit,
the primary constituent elements of
critical habitat are:
(i) Annual precipitation: Less than 75
inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, rocky talus.
(iii) Subcanopy: Antidesma,
Chamaesyce, Diospyros, Dodonaea.
(iv) Understory: Bidens, Eragrostis,
Melanthera, Schiedea.
*
*
*
*
*
FAMILY EUPHORBIACEAE:
Chamaesyce eleanoriae (AKOKO)
Kauai 7–Chamaesyce eleanoriae–a,
Kauai 11–Chamaesyce eleanoriae–b,
and Kauai 11–Chamaesyce eleanoriae–
c, identified in the legal descriptions in
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
paragraph (a)(1) of this section,
constitute critical habitat for
Chamaesyce eleanoriae on Kauai.
(i) In units Kauai 7–Chamaesyce
eleanoriae–a and Kauai 11–Chamaesyce
eleanoriae–b, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Shallow soils, little to
no herbaceous layer.
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
(ii) In unit Kauai 11–Chamaesyce
eleanoriae–c, the primary constituent
elements of critical habitat are:
(A) Annual precipitation: Less than 75
inches (190 centimeters).
(B) Substrate: Greater than 65 degree
slope, rocky talus.
(C) Subcanopy: Antidesma,
Chamaesyce, Diospyros, Dodonaea.
(D) Understory: Bidens, Eragrostis,
Melanthera, Schiedea.
*
*
*
*
*
FAMILY EUPHORBIACEAE:
Chamaesyce remyi var. kauaiensis
(AKOKO)
Kauai 4–Chamaesyce remyi var.
kauaiensis–a, Kauai 10–Chamaesyce
remyi var. kauaiensis–b, Kauai 10–
Chamaesyce remyi var. kauaiensis–c,
Kauai 11–Chamaesyce remyi var.
kauaiensis–d, Kauai 11–Chamaesyce
remyi var. kauaiensis–e, Kauai 19–
Chamaesyce remyi var. kauaiensis–f,
Kauai 20–Chamaesyce remyi var.
kauaiensis–g, and Kauai 21–
Chamaesyce remyi var. kauaiensis–h,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Chamaesyce remyi var. kauaiensis on
Kauai.
(i) In units Kauai 10–Chamaesyce
remyi var. kauaiensis–b, Kauai 11–
Chamaesyce remyi var. kauaiensis–d,
and Kauai 21–Chamaesyce remyi var.
kauaiensis–h, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(ii) In units Kauai 4–Chamaesyce
remyi var. kauaiensis–a, Kauai 10–
Chamaesyce remyi var. kauaiensis–c,
Kauai 11–Chamaesyce remyi var.
kauaiensis–e, Kauai 19–Chamaesyce
remyi var. kauaiensis–f, and Kauai 20–
Chamaesyce remyi var. kauaiensis–g,
the primary constituent elements of
critical habitat are:
(A) Annual precipitation: Greater than
75 inches (190 centimeters).
(B) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(C) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(D) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY EUPHORBIACEAE:
Chamaesyce remyi var. remyi (AKOKO)
Kauai 4–Chamaesyce remyi var.
remyi–a, Kauai 7–Chamaesyce remyi
var. remyi–b, Kauai 10–Chamaesyce
remyi var. remyi–c, Kauai 10–
Chamaesyce remyi var. remyi–d, Kauai
10–Chamaesyce remyi var. remyi–e,
Kauai 11–Chamaesyce remyi var. remyi–
f, Kauai 11–Chamaesyce remyi var.
remyi–g, Kauai 11–Chamaesyce remyi
var. remyi–h, Kauai 11–Chamaesyce
remyi var. remyi–i, Kauai 11–
Chamaesyce remyi var. remyi–j, Kauai
18–Chamaesyce remyi var. remyi–k,
Kauai 19–Chamaesyce remyi var. remyi–
l, Kauai 20–Chamaesyce remyi var.
remyi–m, Kauai 21–Chamaesyce remyi
var. remyi–n, Kauai 22–Chamaesyce
remyi var. remyi–o, Kauai 23–
Chamaesyce remyi var. remyi–p, Kauai
24–Chamaesyce remyi var. remyi–q, and
Kauai 25–Chamaesyce remyi var. remyi–
r, identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Chamaesyce remyi var. remyi on Kauai.
(i) In units Kauai 7–Chamaesyce
remyi var. remyi–b and Kauai 11–
Chamaesyce remyi var. remyi–g, the
primary constituent elements of critical
habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Shallow soils, little to
no herbaceous layer.
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
PO 00000
Frm 00147
Fmt 4701
Sfmt 4702
62737
(ii) In units Kauai 10–Chamaesyce
remyi var. remyi–d, Kauai 11–
Chamaesyce remyi var. remyi–h, and
Kauai 21–Chamaesyce remyi var. remyi–
n, the primary constituent elements of
critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(iii) In units Kauai 11–Chamaesyce
remyi var. remyi–j, Kauai 22–
Chamaesyce remyi var. remyi–o, and
Kauai 23–Chamaesyce remyi var. remyi–
p, the primary constituent elements of
critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(iv) In units Kauai 10–Chamaesyce
remyi var. remyi–c, Kauai 11–
Chamaesyce remyi var. remyi–f, Kauai
18–Chamaesyce remyi var. remyi–k,
Kauai 24–Chamaesyce remyi var. remyi–
q, and Kauai 25–Chamaesyce remyi var.
remyi–r, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(v) In units Kauai 4–Chamaesyce
remyi var. remyi–a, Kauai 10–
Chamaesyce remyi var. remyi–e, Kauai
11–Chamaesyce remyi var. remyi–i,
Kauai 19–Chamaesyce remyi var. remyi–
l, and Kauai 20–Chamaesyce remyi var.
remyi–m, the primary constituent
elements of critical habitat are:
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62738
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(A) Annual precipitation: Greater than
75 inches (190 centimeters).
(B) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(C) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(D) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
*
*
*
*
*
FAMILY FABACEAE: Canavalia
napaliensis (AWIKIWIKI)
Kauai 7–Canavalia napaliensis–a and
Kauai 11–Canavalia napaliensis–b,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Canavalia
napaliensis on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Shallow soils, little to
no herbaceous layer.
(iv) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(v) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(vi) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
*
*
*
*
*
FAMILY GERANIACEAE: Geranium
kauaiense (NOHOANU)
Kauai 10–Geranium kauaiense–a,
Kauai 11–Geranium kauaiense–b, Kauai
18–Geranium kauaiense–c, Kauai 24–
Geranium kauaiense–d, and Kauai 25–
Geranium kauaiense–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Geranium kauaiense on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
*
*
*
*
*
FAMILY GESNERIACEAE: Cyrtandra
oenobarba (HAIWALE)
Kauai 4–Cyrtandra oenobarba–a,
Kauai 10–Cyrtandra oenobarba–b,
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
Kauai 10–Cyrtandra oenobarba–c, Kauai
11–Cyrtandra oenobarba–d, Kauai 11–
Cyrtandra oenobarba–e, Kauai 19–
Cyrtandra oenobarba–f, Kauai 20–
Cyrtandra oenobarba–g, and Kauai 21–
Cyrtandra oenobarba–h, identified in
the legal descriptions in paragraph (a)(1)
of this section, constitute critical habitat
for Cyrtandra oenobarba on Kauai.
(i) In units Kauai 10–Cyrtandra
oenobarba–b, Kauai 11–Cyrtandra
oenobarba–d, and Kauai 21–Cyrtandra
oenobarba–h, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(ii) In units Kauai 4–Cyrtandra
oenobarba–a, Kauai 10–Cyrtandra
oenobarba–c, Kauai 11–Cyrtandra
oenobarba–e, Kauai 19–Cyrtandra
oenobarba–f, and Kauai 20–Cyrtandra
oenobarba–g, the primary constituent
elements of critical habitat are:
(A) Annual precipitation: Greater than
75 inches (190 centimeters).
(B) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(C) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(D) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY GESNERIACEAE: Cyrtandra
paliku (HAIWALE)
Kauai 4–Cyrtandra paliku–a, Kauai
10–Cyrtandra paliku–b, Kauai 11–
Cyrtandra paliku–c, Kauai 19–
Cyrtandra paliku–d, and Kauai 20–
Cyrtandra paliku–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Cyrtandra paliku on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
*
*
*
*
*
FAMILY LAMIACEAE: Phyllostegia
renovans (NCN)
PO 00000
Frm 00148
Fmt 4701
Sfmt 4702
Kauai 10–Phyllostegia renovans–a,
Kauai 10–Phyllostegia renovans–b,
Kauai 11–Phyllostegia renovans–c,
Kauai 11–Phyllostegia renovans–d,
Kauai 18–Phyllostegia renovans–e,
Kauai 21–Phyllostegia renovans–f,
Kauai 24–Phyllostegia renovans–g, and
Kauai 25–Phyllostegia renovans–h,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Phyllostegia renovans on Kauai.
(i) In units Kauai 10–Phyllostegia
renovans–b, Kauai 11–Phyllostegia
renovans–d, and Kauai 21–Phyllostegia
renovans–f, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(ii) In units Kauai 10–Phyllostegia
renovans–a, Kauai 11–Phyllostegia
renovans–c, Kauai 18–Phyllostegia
renovans–e, Kauai 24–Phyllostegia
renovans–g, and Kauai 25–Phyllostegia
renovans–h, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
*
*
*
*
*
FAMILY LAMIACEAE: Stenogyne
kealiae (NCN)
Kauai 10–Stenogyne kealiae–a, Kauai
11–Stenogyne kealiae–b, Kauai 11–
Stenogyne kealiae–c, Kauai 11–
Stenogyne kealiae–d, Kauai 21–
Stenogyne kealiae–e, Kauai 22–
Stenogyne kealiae–f, and Kauai 23–
Stenogyne kealiae–g, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Stenogyne kealiae on Kauai.
(i) In units Kauai 10–Stenogyne
kealiae–a, Kauai 11–Stenogyne kealiae–
c, and Kauai 21–Stenogyne kealiae–e,
the primary constituent elements of
critical habitat are:
E:\FR\FM\21OCP2.SGM
21OCP2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(ii) In units Kauai 11–Stenogyne
kealiae–d, Kauai 22–Stenogyne kealiae–
f, and Kauai 23–Stenogyne kealiae–g,
the primary constituent elements of
critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(iii) In unit Kauai 11–Stenogyne
kealiae–b, the primary constituent
elements of critical habitat are:
(A) Annual precipitation: Less than 75
inches (190 centimeters).
(B) Substrate: Greater than 65 degree
slope, rocky talus.
(C) Subcanopy: Antidesma,
Chamaesyce, Diospyros, Dodonaea.
(D) Understory: Bidens, Eragrostis,
Melanthera, Schiedea.
FAMILY LOGANIACEAE: Labordia
helleri (KAMAKAHALA)
Kauai 7–Labordia helleri–a, Kauai 10–
Labordia helleri–b, Kauai 10–Labordia
helleri–c, Kauai 11–Labordia helleri–d,
Kauai 11–Labordia helleri–e, Kauai 11–
Labordia helleri–f, Kauai 11–Labordia
helleri–g, Kauai 18–Labordia helleri–h,
Kauai 21–Labordia helleri–i, Kauai 22–
Labordia helleri–j, Kauai 23–Labordia
helleri–k, Kauai 24–Labordia helleri–l,
and Kauai 25–Labordia helleri–m,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Labordia
helleri on Kauai.
(i) In units Kauai 7–Labordia helleri–
a and Kauai 11–Labordia helleri–e, the
primary constituent elements of critical
habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(C) Substrate: Shallow soils, little to
no herbaceous layer.
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
(ii) In units Kauai 10–Labordia
helleri–c, Kauai 11–Labordia helleri–f,
and Kauai 21–Labordia helleri–i, the
primary constituent elements of critical
habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(iii) In units Kauai 11–Labordia
helleri–g, Kauai 22–Labordia helleri–j,
and Kauai 23–Labordia helleri–k, the
primary constituent elements of critical
habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(iv) In units Kauai 10–Labordia
helleri–b, Kauai 11–Labordia helleri–d,
Kauai 18–Labordia helleri–h, Kauai 24–
Labordia helleri–l, and Kauai 25–
Labordia helleri–m, the primary
constituent elements of critical habitat
are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
*
*
*
*
*
PO 00000
Frm 00149
Fmt 4701
Sfmt 4702
62739
FAMILY LOGANIACEAE: Labordia
pumila (KAMAKAHALA)
Kauai 10–Labordia pumila–a, Kauai
11–Labordia pumila–b, Kauai 18–
Labordia pumila–c, Kauai 24–Labordia
pumila–d, and Kauai 25–Labordia
pumila–e, identified in the legal
descriptions in paragraph (a)(1) of this
section, constitute critical habitat for
Labordia pumila on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
*
*
*
*
*
FAMILY MYRSINACEAE: Lysimachia
daphnoides (LEHUA MAKANOE)
Kauai 10–Lysimachia daphnoides–a,
Kauai 11–Lysimachia daphnoides–b,
Kauai 18–Lysimachia daphnoides–c,
Kauai 24–Lysimachia daphnoides–d,
and Kauai 25–Lysimachia daphnoides–
e, identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Lysimachia
daphnoides on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(vii) Bogs.
FAMILY MYRSINACEAE: Lysimachia
iniki (NCN)
Kauai 4–Lysimachia iniki–a, Kauai
10–Lysimachia iniki–b, Kauai 11–
Lysimachia iniki–c, Kauai 19–
Lysimachia iniki–d, and Kauai 20–
Lysimachia iniki–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Lysimachia iniki on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
62740
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY MYRSINACEAE: Lysimachia
pendens (NCN)
Kauai 4–Lysimachia pendens–a,
Kauai 10–Lysimachia pendens–b, Kauai
11–Lysimachia pendens–c, Kauai 19–
Lysimachia pendens–d, and Kauai 20–
Lysimachia pendens–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Lysimachia pendens on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY MYRSINACEAE: Lysimachia
scopulensis (NCN)
Kauai 11–Lysimachia scopulensis–a,
identified in the legal description in
paragraph (a)(1) of this section,
constitutes critical habitat for
Lysimachia scopulensis on Kauai.
Within this unit, the primary
constituent elements of critical habitat
are:
(i) Annual precipitation: Less than 75
inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, rocky talus.
(iii) Subcanopy: Antidesma,
Chamaesyce, Diospyros, Dodonaea.
(iv) Understory: Bidens, Eragrostis,
Melanthera, Schiedea.
FAMILY MYRSINACEAE: Lysimachia
venosa (NCN)
Kauai 4–Lysimachia venosa–a, Kauai
10–Lysimachia venosa–b, Kauai 11–
Lysimachia venosa–c, Kauai 19–
Lysimachia venosa–d, and Kauai 20–
Lysimachia venosa–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Lysimachia venosa on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Annual precipitation: Greater than
75 inches (190 centimeters).
(ii) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(iii) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(iv) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
FAMILY MYRSINACEAE: Myrsine
knudsenii (KOLEA)
Kauai 11–Myrsine knudsenii–a, Kauai
22–Myrsine knudsenii–b, and Kauai 23–
Myrsine knudsenii–c, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Myrsine knudsenii on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(iv) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(v) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(vi) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
*
*
*
*
*
FAMILY MYRSINACEAE: Myrsine
mezii (KOLEA)
Kauai 10–Myrsine mezii–a, Kauai 11–
Myrsine mezii–b, Kauai 11–Myrsine
mezii–c, Kauai 18–Myrsine mezii–d,
Kauai 22–Myrsine mezii–e, Kauai 23–
Myrsine mezii–f, Kauai 24–Myrsine
mezii–g, and Kauai 25–Myrsine mezii–h,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Myrsine
mezii on Kauai.
(i) In units Kauai 11–Myrsine mezii–
c, Kauai 22–Myrsine mezii–e, and Kauai
23–Myrsine mezii–f, the primary
constituent elements of critical habitat
are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(ii) In units Kauai 10–Myrsine mezii–
a, Kauai 11–Myrsine mezii–b, Kauai 18–
Myrsine mezii–d, Kauai 24–Myrsine
mezii–g, and Kauai 25–Myrsine mezii–h,
the primary constituent elements of
critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
PO 00000
Frm 00150
Fmt 4701
Sfmt 4702
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
*
*
*
*
*
FAMILY PITTOSPORACEAE:
Pittosporum napaliense (HOAWA)
Kauai 7–Pittosporum napaliense–a
and Kauai 11–Pittosporum napaliense–
b, identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for
Pittosporum napaliense on Kauai.
Within these units, the primary
constituent elements of critical habitat
are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Shallow soils, little to
no herbaceous layer.
(iv) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(v) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(vi) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
*
*
*
*
*
FAMILY RUBIACEAE: Psychotria
grandiflora (KOPIKO)
Kauai 10–Psychotria grandiflora–a,
Kauai 11–Psychotria grandiflora–b,
Kauai 11–Psychotria grandiflora–c,
Kauai 18–Psychotria grandiflora–d,
Kauai 22–Psychotria grandiflora–e,
Kauai 23–Psychotria grandiflora–f,
Kauai 24–Psychotria grandiflora–g, and
Kauai 25–Psychotria grandiflora–h,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Psychotria
grandiflora on Kauai.
(i) In units Kauai 11–Psychotria
grandiflora–c, Kauai 22–Psychotria
grandiflora–e, and Kauai 23–Psychotria
grandiflora–f, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
E:\FR\FM\21OCP2.SGM
21OCP2
jlentini on PROD1PC65 with PROPOSALS2
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(ii) In units Kauai 10–Psychotria
grandiflora–a, Kauai 11–Psychotria
grandiflora–b, Kauai 18–Psychotria
grandiflora–d, Kauai 24–Psychotria
grandiflora–g, and Kauai 25–Psychotria
grandiflora–h, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
FAMILY RUBIACEAE: Psychotria
hobdyi (KOPIKO)
Kauai 7–Psychotria hobdyi–a and
Kauai 11–Psychotria hobdyi–b,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Psychotria
hobdyi on Kauai. Within these units, the
primary constituent elements of critical
habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Shallow soils, little to
no herbaceous layer.
(iv) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(v) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(vi) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
FAMILY RUTACEAE: Melicope
degeneri (ALANI)
Kauai 10–Melicope degeneri–a, Kauai
11–Melicope degeneri–b, Kauai 18–
Melicope degeneri–c, Kauai 24–
Melicope degeneri–d, and Kauai 25–
Melicope degeneri–e, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Melicope degeneri on Kauai. Within
these units, the primary constituent
elements of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
*
*
*
*
*
FAMILY RUTACEAE: Melicope
paniculata (ALANI)
Kauai 10–Melicope paniculata–a,
Kauai 11–Melicope paniculata–b, and
Kauai 21–Melicope paniculata–c,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Melicope
paniculata on Kauai. Within these units,
the primary constituent elements of
critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(iv) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(v) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(vi) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
FAMILY RUTACEAE: Melicope
puberula (ALANI)
Kauai 10–Melicope puberula–a, Kauai
10–Melicope puberula–b, Kauai 11–
Melicope puberula–c, Kauai 11–
Melicope puberula–d, Kauai 18–
Melicope puberula–e, Kauai 21–
Melicope puberula–f, Kauai 24–
Melicope puberula–g, and Kauai 25–
Melicope puberula–h, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Melicope puberula on Kauai.
(i) In units Kauai 10–Melicope
puberula–b, Kauai 11–Melicope
puberula–d, and Kauai 21–Melicope
puberula–f, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(ii) In units Kauai 10–Melicope
puberula–a, Kauai 11–Melicope
puberula–c, Kauai 18–Melicope
puberula–e, Kauai 24–Melicope
puberula–g, and Kauai 25–Melicope
puberula–h, the primary constituent
elements of critical habitat are:
PO 00000
Frm 00151
Fmt 4701
Sfmt 4702
62741
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
FAMILY RUTACEAE: Platydesma
rostrata (PILO KEA LAU)
Kauai 4–Platydesma rostrata–a, Kauai
7–Platydesma rostrata–b, Kauai 10–
Platydesma rostrata–c, Kauai 10–
Platydesma rostrata–d, Kauai 10–
Platydesma rostrata–e, Kauai 11–
Platydesma rostrata–f, Kauai 11–
Platydesma rostrata–g, Kauai 11–
Platydesma rostrata–h, Kauai 11–
Platydesma rostrata–i, Kauai 11–
Platydesma rostrata–j, Kauai 18–
Platydesma rostrata–k, Kauai 19–
Platydesma rostrata–l, Kauai 20–
Platydesma rostrata–m, Kauai 21–
Platydesma rostrata–n, Kauai 22–
Platydesma rostrata–o, Kauai 23–
Platydesma rostrata–p, Kauai 24–
Platydesma rostrata–q, and Kauai 25–
Platydesma rostrata–r, identified in the
legal descriptions in paragraph (a)(1) of
this section, constitute critical habitat
for Platydesma rostrata on Kauai.
(i) In units Kauai 7–Platydesma
rostrata–b and Kauai 11–Platydesma
rostrata–g, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Shallow soils, little to
no herbaceous layer.
(D) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(E) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(F) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
(ii) In units Kauai 10–Platydesma
rostrata–d, Kauai 11–Platydesma
rostrata–h, and Kauai 21–Platydesma
rostrata–n, the primary constituent
elements of critical habitat are:
(A) Elevation: Less than 3,000 ft
(1,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Clays, ashbeds, deep
well-drained soils, lowland bogs.
(D) Canopy: Antidesma, Metrosideros,
Myrsine, Pisonia, Psychotria.
(E) Subcanopy: Cibotium, Claoxylon,
Hedyotis, Melicope.
E:\FR\FM\21OCP2.SGM
21OCP2
62742
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
(F) Understory: Alyxia, Cyrtandra,
Dicranopteris, Diplazium, Machaerina,
Microlepia.
(iii) In units Kauai 11–Platydesma
rostrata–j, Kauai 22–Platydesma
rostrata–o, and Kauai 23–Platydesma
rostrata–p, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(C) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(D) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(E) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(F) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
(iv) In units Kauai 10–Platydesma
rostrata–c, Kauai 11–Platydesma
rostrata–f, Kauai 18–Platydesma
rostrata–k, Kauai 24–Platydesma
rostrata–q, and Kauai 25–Platydesma
rostrata–r, the primary constituent
elements of critical habitat are:
(A) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(B) Annual precipitation: Greater than
75 inches (190 centimeters).
(C) Substrate: Well-developed soils,
montane bogs.
(D) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(E) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(F) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
(v) In units Kauai 4–Platydesma
rostrata–a, Kauai 10–Platydesma
rostrata–e, Kauai 11–Platydesma
rostrata–i, Kauai 19–Platydesma
rostrata–l, and Kauai 20–Platydesma
rostrata–m, the primary constituent
elements of critical habitat are:
(A) Annual precipitation: Greater than
75 inches (190 centimeters).
VerDate Aug<31>2005
16:54 Oct 20, 2008
Jkt 217001
(B) Substrate: Greater than 65 degree
slope, shallow soils, weathered lava.
(C) Subcanopy: Broussaisia,
Cheirodendron, Leptecophylla,
Metrosideros.
(D) Understory: Ferns, Bryophytes,
Coprosoma, Dubautia, Hedyotis,
Peperomia.
*
*
*
*
*
(2) * * *
*
*
*
*
*
FAMILY ASPLENIACEAE: Diellia
mannii (NCN)
Kauai 11–Diellia mannii–a, Kauai 22–
Diellia mannii–b, and Kauai 23–Diellia
mannii–c, identified in the legal
descriptions in paragraph (a)(1) of this
section, constitute critical habitat for
Diellia mannii on Kauai. Within these
units, the primary constituent elements
of critical habitat are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Weathered aa lava
flows, rocky mucks, thin silty loams,
deep volcanic ash soils.
(iv) Canopy: Acacia, Metrosideros,
Psychotria, Tetraplasandra,
Zanthoxylum.
(v) Subcanopy: Cheirodendron,
Coprosma, Hedyotis, Ilex, Myoporum,
Myrsine.
(vi) Understory: Bidens, Dryopteris,
Leptecophylla, Poa, Scaevola, Sophora.
*
*
*
*
*
FAMILY DRYOPTERIDACEAE:
Dryopteris crinalis var. podosorus
(PALAPALAI AUMAKUA)
Kauai 10–Dryopteris crinalis var.
podosorus–a, Kauai 11–Dryopteris
crinalis var. podosorus–b, Kauai 18–
Dryopteris crinalis var. podosorus–c,
Kauai 24–Dryopteris crinalis var.
podosorus–d, and Kauai 25–Dryopteris
crinalis var. podosorus–e, identified in
the legal descriptions in paragraph (a)(1)
of this section, constitute critical habitat
for Dryopteris crinalis var. podosorus on
Kauai. Within these units, the primary
PO 00000
Frm 00152
Fmt 4701
Sfmt 4702
constituent elements of critical habitat
are:
(i) Elevation: 3,000 to 6,600 ft (1,000
to 2,000 m).
(ii) Annual precipitation: Greater than
75 inches (190 centimeters).
(iii) Substrate: Well-developed soils,
montane bogs.
(iv) Canopy: Acacia, Charpentiera,
Cheirodendron, Metrosideros.
(v) Subcanopy: Broussaisia, Cibotium,
Eurya, Ilex, Myrsine.
(vi) Understory: Ferns, Carex,
Coprosma, Leptecophylla, Oreobolus,
Rhynchospora, Vaccinium.
*
*
*
*
*
FAMILY PTERIDACEAE: Doryopteris
angelica (NCN)
Kauai 7–Doryopteris angelica–a and
Kauai 11–Doryopteris angelica–b,
identified in the legal descriptions in
paragraph (a)(1) of this section,
constitute critical habitat for Doryopteris
angelica on Kauai. Within these units,
the primary constituent elements of
critical habitat are:
(i) Elevation: Less than 3,000 ft (1,000
m).
(ii) Annual precipitation: 50 to 75
inches (127 to 190 centimeters).
(iii) Substrate: Shallow soils, little to
no herbaceous layer.
(iv) Canopy: Acacia, Diospyros,
Metrosideros, Myrsine, Pouteria,
Santalum.
(v) Subcanopy: Dodonaea,
Freycinetia, Leptecophylla, Melanthera,
Osteomeles, Pleomele, Psydrax.
(vi) Understory: Carex, Dicranopteris,
Diplazium, Elaphoglossum, Peperomia.
*
*
*
*
*
Dated: September 12, 2008
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks
[FR Doc. E8–23561 Filed 10–20–08; 8:45 am]
BILLING CODE 4310–55–S
E:\FR\FM\21OCP2.SGM
21OCP2
Agencies
[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Proposed Rules]
[Pages 62592-62742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23561]
[[Page 62591]]
-----------------------------------------------------------------------
Part II
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Listing 48 Species on
Kauai as Endangered and Designating Critical Habitat; Proposed Rule
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 /
Proposed Rules
[[Page 62592]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0046; MO 9221050083-B2]
RIN 1018-AV48
Endangered and Threatened Wildlife and Plants; Listing 48 Species
on Kauai as Endangered and Designating Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list 48 species on the island of Kauai in the Hawaiian Islands as
endangered under the Endangered Species Act of 1973, as amended (Act).
We also propose to designate critical habitat for 47 of these species
totaling 27,674 acres (ac) (11,199 hectares (ha)). Critical habitat
designation is not prudent for one species, Pritchardia hardyi, which
is threatened by overcollection, vandalism, or other human activity.
This proposed rule, if made final, would extend the Act's protections
to these species.
DATES: We will accept comments received on or before December 22, 2008.
We must receive requests for public hearings, in writing, at the
address shown in the FOR FURTHER INFORMATION CONTACT section by
December 5, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R1-ES-2008-0046; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on
https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the ``Public Comments''
section below for more information).
FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor,
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box
50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-
9581. If you use a telecommunications device for the deaf (TDD), call
the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposal will
be based on the best scientific and commercial data available and be as
accurate and as effective as possible. Therefore, we request comments
or suggestions on this proposed rule from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested parties. We particularly seek comments concerning:
(1) Specific information on:
The amount and distribution of habitat for the species
included in this proposed rule,
What areas currently occupied, and that contain features
essential for the conservation of the species, we should include in the
designation and why, and
What areas not currently occupied are essential to the
conservation of the species and why.
(2) Biological, commercial trade, or other relevant data concerning
threats (or lack thereof) to these species.
(3) Additional information concerning the range, distribution, and
population sizes of these species, including the locations of any
additional populations of these species.
(4) Any information on the biological or ecological requirements of
these species. The following information regarding the potential
economic and other impacts of the proposed critical habitat designation
is requested solely so that we may consider the potential effects of
critical habitat designation in the final rule; this information will
not be considered in the decision whether to list these 48 species.
(5) Land use designations and current or planned activities in the
areas occupied by these species and their possible impacts on these
species and proposed critical habitat.
(6) Which areas are appropriate as critical habitat for these
species and why they should be proposed for designation as critical
habitat.
(7) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether the benefit of designation outweighs threats
to the species caused by the designation, such that the designation of
critical habitat for any particular species is prudent.
(8) Information on whether the draft economic analysis (DEA)
identifies all State and local costs and benefits attributable to the
proposed critical habitat designation, and information on any costs or
benefits that we have overlooked.
(9) Information on whether the DEA makes appropriate assumptions
regarding current practices and any regulatory changes likely if we
designate critical habitat.
(10) Information on whether the DEA identifies all costs that could
result from the critical habitat designation and whether you agree with
the analysis.
(11) Information on whether the DEA correctly assesses the effect
on regional costs associated with any land use controls that may result
from the critical habitat designation.
(12) Information on areas that the critical habitat designation
could potentially impact to a disproportionate degree.
(13) Economic data on the incremental costs of designating any
particular area as critical habitat.
(14) Information on any quantifiable economic benefits of the
designation of critical habitat.
(15) Whether the benefits of excluding any particular area from
critical habitat outweigh the benefits of including that area in
critical habitat under section 4(b)(2) of the Act.
(16) Information on economic impacts that have occurred since the
previous economic analyses were completed relevant to critical habitat
``overlap'' areas, or that may occur in the future due to designation
of critical habitat (see Economic Analysis, below, for details).
(17) Information on economic impacts relevant to areas where the
proposed critical habitat does not overlap with existing critical
habitat for other plants on the island of Kauai.
(18) Any foreseeable economic, national security, or other
potential impacts resulting from the proposed critical habitat
designation and, in particular, any impacts on small entities, and the
benefits of including or excluding areas that exhibit these impacts.
(19) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
consider comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
[[Page 62593]]
on the website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection at https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Pacific Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
You may obtain copies of the proposed rule and draft economic
analysis by mail from the Pacific Islands Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT) or by visiting the Federal eRulemaking
Portal at https://www.regulations.gov.
Background
An Ecosystem-based Approach
On the island of Kauai, as on most of the Hawaiian Islands, native
species that occur in the same habitat types (ecosystems) depend on
many of the same biological features and on the successful functioning
of that ecosystem to survive. We have therefore organized the species
addressed in this proposed rule by common ecosystem. Although the
listing determination for each species is analyzed separately, we have
organized the specific analysis for each species within the context of
the broader ecosystem in which it occurs to avoid redundancy. In
addition, native species that share ecosystems often face a suite of
common factors that may threaten them, and these threat factors require
similar management actions to ameliorate or eliminate them. Effective
management of these threat factors often requires implementation of
conservation actions at the ecosystem scale to enhance or restore
critical ecological processes and provide for long-term viability of
those species in their native environment. Thus, by taking this
approach, we hope to not only organize this proposed rule effectively,
but also to more effectively focus conservation management efforts on
the common threats that occur across these ecosystems, restore
ecosystem function for the recovery of each species, and provide
conservation benefits for associated native species, thereby
potentially precluding the need to list other species under the Act
that occur in these shared ecosystems.
We propose to list each of the 48 species endemic to the island of
Kauai addressed in this rule as an endangered species. These 48 species
(45 plants, 2 birds, and 1 picture-wing fly) are found in 6 ecosystem
types: lowland mesic, lowland wet, montane mesic, montane wet, dry
cliff, and wet cliff (Table 1). Although most of these species are
restricted to a single ecosystem, some are found in multiple
ecosystems. For each species, we identified and evaluated those factors
that threaten the species and that may be common to all of the species
at the ecosystem level. For example, the degradation of habitat by
feral ungulates is considered a threat to each species within each
ecosystem. As a result, this threat factor is considered to be a
multiple ecosystem-level threat, as each individual species within each
ecosystem faces a threat that is essentially identical in terms of the
nature of the impact, its severity, its imminence, and its scope. We
further identified and evaluated any threat factors that may be unique
to certain species, and do not apply to all species under consideration
within the same ecosystem. For example, the threat of avian malaria is
unique to the two birds in this proposed rule, and is not applicable to
any of the other species proposed for listing. We have identified such
threat factors, which apply only to certain species within the
ecosystems addressed here, as species-specific threats.
TABLE 1.--THE 48 KAUAI SPECIES AND THE ECOSYSTEMS UPON WHICH THEY DEPEND
------------------------------------------------------------------------
Ecosystem Species
------------------------------------------------------------------------
Lowland Mesic Plants: Canavalia napaliensis,
Chamaesyce eleanoriae,
Chamaesyce remyi var. remyi,
Charpentiera densiflora,
Doryopteris angelica, Dubautia
kenwoodii, Labordia helleri,
Pittosporum napaliense,
Platydesma rostrata, Psychotria
hobdyi, Tetraplasandra
bisattenuata
------------------------------------------------------------------------
Lowland Wet Plants: Chamaesyce remyi var.
kauaiensis, Chamaesyce remyi
var. remyi, Charpentiera
densiflora, Cyanea eleelensis,
Cyanea kolekoleensis, Cyanea
kuhihewa, Cyrtandra oenobarba,
Dubautia imbricata ssp.
imbricata, Labordia helleri,
Melicope paniculata, Melicope
puberula, Phyllostegia renovans,
Platydesma rostrata, Pritchardia
hardyi, Stenogyne kealiae,
Tetraplasandra bisattenuata
------------------------------------------------------------------------
Montane Mesic Plants: Chamaesyce remyi var.
remyi, Diellia mannii, Labordia
helleri, Myrsine knudsenii,
Myrsine mezii, Platydesma
rostrata, Psychotria
grandiflora, Stenogyne kealiae,
Tetraplasandra flynnii
Animals: Akekee, Drosophila
attigua
------------------------------------------------------------------------
Montane Wet Plants: Astelia waialeale,
Chamaesyce remyi var. remyi,
Dryopteris crinalis var.
podosorus, Dubautia
kalalauensis, Dubautia
waialeale, Geranium kauaiense,
Keysseria erici, Keysseria
helenae, Labordia helleri,
Labordia pumila, Lysimachia
daphnoides, Melicope degeneri,
Melicope puberula, Myrsine
mezii, Phyllostegia renovans,
Platydesma rostrata, Psychotria
grandiflora, Tetraplasandra
flynnii
Animals: Akekee, Akikiki,
Drosophila attigua
------------------------------------------------------------------------
Dry Cliff Plants: Chamaesyce eleanoriae,
Lysimachia scopulensis, Schiedea
attenuata, Stenogyne kealiae
------------------------------------------------------------------------
Wet Cliff Plants: Chamaesyce remyi var.
kauaiensis, Chamaesyce remyi
var. remyi, Cyanea dolichopoda,
Cyrtandra oenobarba, Cyrtandra
paliku, Dubautia plantaginea
ssp. magnifolia, Lysimachia
iniki, Lysimachia pendens,
Lysimachia venosa, Platydesma
rostrata, Pritchardia hardyi
------------------------------------------------------------------------
Under the Act, we are required to designate critical habitat to the
maximum extent prudent and determinable concurrently with the
publication of a final determination that a species is endangered or
threatened. In this rule, we are proposing to designate critical
habitat for 47 of the 48 Kauai species. We have determined that the
designation of critical habitat is not prudent for one species of
native palm tree due to the increased threat of
[[Page 62594]]
collection that may result from such designation. The designation of
critical habitat for the other 47 Kauai species is organized by common
ecosystem. Although critical habitat is identified for each species
individually, we have found that the conservation of each depends, at
least in part, on the successful functioning of the commonly shared
ecosystem. Each critical habitat unit identified in this proposed rule
therefore contains the physical and biological features essential to
the conservation of each species and those areas that are essential for
the conservation of each associated species. Where the unit is not
occupied by a particular species, we believe it is essential for the
conservation of that species. All of the areas proposed for designation
would constitute critical habitat for multiple species, based upon
their shared habitat requirements. The identification of critical
habitat also takes into account any species-specific conservation needs
as appropriate. For example, the presence of specific host plants for
larval development is essential for the conservation of the picture-
wing fly Drosophila attigua, but is not a requirement shared by all
species within the same ecosystem.
This approach represents a departure from our previous approaches
to designating critical habitat for threatened and endangered species
in Hawaii, which focused on discrete areas occupied by the species at
the time of listing. Because Hawaii has 394 listed species (294
plants), the previous approach to critical habitat designations
resulted in an overlapping and confusing patchwork of critical habitat
areas that could be confusing to the public to interpret. More
importantly, we have learned that many native Hawaiian plants and
animals currently occupy areas of marginal habitat because the threats
are reduced in those areas, but these species can thrive when
reintroduced into historical habitats when threats are being
effectively managed. For this reason, we believe it is important to
designate unoccupied habitat in those cases where it is essential to
the recovery of the species.
We believe the approach adopted in this proposed rule will make
critical habitat in Hawaii a more useful conservation tool for land
managers. Focusing on the management and restoration of habitat at the
ecosystem scale and on ecosystem processes that these species require
will result in more effective conservation than a designation based
solely on the locations of the last few known individuals. In addition,
we believe this approach will aid recovery given the uncertainties of
climate change and other processes that may impact highly localized
habitat conditions and essential features in the future. Critical
habitat areas for multiple species may also better provide for the
recovery of these species by guiding our conservation efforts as well
as those of our partners, and by providing better information to the
public and other entities about important conservation areas.
The Island of Kauai
The island of Kauai is the northernmost and oldest of the eight
major Hawaiian Islands (Foote et al. 1972, p. 3). It was formed about 6
million years ago by a single shield volcano and is 553 square miles
(sq mi) (1,430 sq kilometers (km)) in area. The island is characterized
by deeply dissected canyons and steep ridges (Department of Geography
1998, p. 151). The large caldera, once the largest in the Hawaiian
Islands, now extends about 10 mi (16 km) in diameter and comprises the
elevated tableland of the Alakai Swamp (Department of Geography 1998,
p. 151). To the west of the Alakai Swamp is the deeply dissected Waimea
Canyon, extending 10 mi (16 km) in length and up to 1 mi (1.6 km) in
width. Later volcanic activity on the southeastern flank of the volcano
formed the smaller Haupu caldera. Subsequent erosion and collapse of
its flank formed Haupu Ridge (Macdonald et al. 1983, p. 457).
The amount of rainfall on the Hawaiian Islands depends greatly on
topography, and the orographic (mountain-caused) effect is revealed by
the wide range in the pattern of annual rainfall, from 10 inches (in)
to 450 in (25 centimeters (cm) to 1,145 cm) (Giambelluca and Schroeder
1998, p. 59). Variations in the landscape can create microclimates,
with large changes in rainfall and wind patterns over very short
distances (Wagner et al. 1999, p. 43). Mount Waialeale, Kauai's second
highest point at 5,148 feet (ft) (1,569 meters (m)) in elevation
(Walker 1999, p. 21) is one of the wettest spots on earth, with annual
rainfall measured at more than 450 in (1,145 cm) (Department of
Geography 1998, p. 151). One of the island's most famous features is
the Na Pali Coast, where stream and wave action have cut deep valleys
and eroded the land to form precipitous cliffs as high as 3,000 ft (910
m) (Joesting 1984, p. 14).
The current soil classification system for the Hawaiian Islands
distinguishes soil types based on their measurable physical and
chemical properties, and environmental factors that influenced their
formation. Eleven of the 12 soil types occur in Hawaii (Gavenda et al.
1998, p. 96). Hawaii's basaltic rocks decompose to clay and various
oxides and hydroxides when exposed to the weather in high rainfall
areas. Silica and other elements are leached out, leaving the iron
oxides, which are conspicuously red in color, and very evident in the
eroded cliffs of Waimea Canyon. These red soils support plant life, and
have low fertility and nutrient content (Walker 1999, p. 32). The soils
in drier areas lack significant organic material and are characterized
by deposits, called caliche, of soluble salts near the soil surface.
Caliche may form concretions (solid mass or coalescence) around plant
roots and stems (Walker 1999, p. 32).
Because of its age and relative isolation, levels of floristic
diversity and endemism are higher on Kauai than on any other island in
the Hawaiian archipelago. However, the vegetation of Kauai has
undergone extreme alterations because of past and present land use.
Land with rich soils was altered by the early Hawaiians and, more
recently, converted to agricultural use (Gagne and Cuddihy 1999, p. 45)
or pasture. Intentional and inadvertent introduction of alien plant and
animal species has also contributed to the reduction in range of the
native vegetation on the island of Kauai. (Throughout this rule, the
terms ``alien,'' ``feral,'' ``nonnative,'' and ``introduced'' all refer
to species that are not naturally native to the Hawaiian Islands.) Most
of the taxa included in this rule persist on steep slopes, precipitous
cliffs, valley headwalls, and other regions where unsuitable topography
has prevented urbanization and agricultural development, or where
inaccessibility has limited encroachment by nonnative plant and an!imal
species.
Kauai Ecosystems
The six Kauai ecosystems that support the species addressed in this
proposed rule are described in the following sections.
Lowland Mesic
The lowland mesic ecosystem includes a variety of grasslands,
shrublands, and forests, generally below 3,000 ft (1,000 m) elevation,
that receive between 50 and 75 in (127 and 191 cm) annual rainfall, or
in otherwise mesic substrate conditions (The Nature Conservancy (TNC)
2006b). In the Hawaiian Islands, this ecosystem is found on Hawaii,
Maui, Molokai, Lanai, Oahu, and Kauai, on both windward and leeward
sides of the islands. On Kauai, this ecosystem is typically found on
the western slopes of the island
[[Page 62595]]
(Gagne and Cuddihy 1999, p. 75; TNC 2006b). Biological diversity is
high in this system (TNC 2006b), and 11 of the 48 species included in
this proposed rule are reported from this ecosystem (Hawaii
Biodiversity and Mapping Program (HBMP) 2007; TNCH 2007).
Lowland Wet
The lowland wet ecological system is generally found below 3,000 ft
(1,000 m) elevation on the windward sides of the main Hawaiian Islands,
except Kahoolawe and Niihau (Gagne and Cuddihy 1999, p. 85; TNC 2006c).
These areas include a variety of wet grasslands, shrublands, and
forests that receive greater than 75 in (191 cm) annual precipitation,
or are found in otherwise wet substrate conditions (TNC 2006c). On
Kauai, this system is best developed in wet valleys and slopes adjacent
to the summit plateau of Waialealae and Alakai (TNC 2006c). According
to The Nature Conservancy (TNC), biological diversity is high in this
system (TNC 2006c), and 16 of the 48 species included in this proposed
rule are reported from this ecosystem (HBMP 2007; TNCH 2007).
Montane Mesic
A variety of natural communities (e.g., grasslands, shrublands, and
forests) are found in the montane mesic ecological system. This system
is found between 3,000 and 6,000 ft (1,000 and 2,000 m) elevation in
areas receiving 50 to 75 in (127 to 191 cm) of precipitation yearly
(TNC 2006e). The montane mesic system is found on the islands of
Hawaii, Maui, Molokai, and Kauai. On Kauai, this system is best
developed on the west-facing slopes. Biological diversity is ranked as
moderate in the montane mesic system, according to TNC (TNC 2006e), and
11 of the 48 species included in this proposed rule are reported from
this ecosystem (HBMP 2007; TNCH 2007).
Montane Wet
The montane wet ecological system is composed of natural
communities (grasslands, shrublands, forests, bogs) found at elevations
between 3,000 and 6,000 ft (1,000 and 2,000 m) and in areas where
annual precipitation is greater than 75 in (191 cm) (TNC 2006f). This
system is found on all of the main Hawaiian Islands except Niihau and
Kahoolawe (TNC 2006f). On Kauai it is best developed in the summit
plateau of Waialeale and Alakai. In this system, biological diversity
is moderate to high (TNC 2006f), and 21 of the 48 species included in
this proposed rule are reported from this ecosystem (HBMP 2007; TNCH
2007).
Dry Cliff
The dry cliff ecological system is composed of vegetation
communities occupying steep slopes (greater than 65 degrees) in areas
that receive less than 75 in (191 cm) of rainfall annually, or in
otherwise dry substrate conditions (TNC 2006a). This system is found on
all of the main Hawaiian Islands except Niihau, and on the island of
Kauai is best developed in the leeward canyons. A variety of grasslands
and shrublands occur within this system (TNC 2006a). Biological
diversity is low to moderate in this system (TNC 2006a), and 4 of the
48 species included in this proposed rule are reported from this
ecosystem (Hawaii Biodiversity and Mapping Program (HBMP) 2007; TNCH
2007).
Wet Cliff
The wet cliff ecological system is generally composed of grasslands
and shrublands on near-vertical slopes (greater than 65 degrees) in
areas that receive more than 75 in (191 cm) of annual precipitation, or
that are in otherwise wet substrate conditions (TNC 2006d). This system
is found on the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
Kauai. On Kauai, this system is typically found on the windward cliffs
adjacent to Waialeale (TNC 2006d). Biological diversity is low to
moderate in this system (TNC 2006d), and 11 of the 48 species included
in this proposed rule are reported from this ecosystem (HBMP 2007; TNCH
2007).
Description of the 48 Species
Here we provide a brief description of each of the 48 species
proposed for listing, presented in alphabetical order by genus; plants
are presented first, followed by animals.
Plants
Astelia waialealae (painiu), an herb in the Asteliaceae family,
occurs in bogs and on bog hummocks (low mounds or ridges of vegetation)
dominated by Metrosideros polymorpha (ohia) in the montane wet
ecosystem at elevations between 4,000 and 5,000 ft (1,220 and 1,525 m)
(Wagner et al. 1999, p. 1,461; TNCH 2007). A. waialealae was known
historically from five locations in the Alakai Swamp region of Kauai
(Wagner et al. 1999, p. 1,461; HBMP 2007). Between October and December
1994, botanists from the National Tropical Botanical Garden (NTBG) and
the U.S. Fish and Wildlife Service (Service) undertook a systematic
survey of bogs on the island of Kauai, revisiting all of the
historically known locations of A. waialealae, as well as 16 additional
bogs. At that time, A. waialealae was confirmed to exist in three bogs.
One bog, known as Sincock Bog 1, contained three Astelia clumps with 3
individuals in one, 5 in another, and possibly 10 in the third, for a
total of 18 individuals. Sincock Bog 2 contained two clumps, with one
individual in each, and Waikoali Bog, or Circle Bog, contained two
clumps with one individual in each (Perlman and Wood 1995, pp. 9-11).
In 1996 and 1997, both Sincock Bog 1 and Sincock Bog 2 were fenced,
followed by Circle bog in 1998. Regular monitoring of these bogs
commenced, and with protection from the fences, there was an increase
in numbers of clumps and individuals of A. waialealae found in all
three bogs. By 2001, the numbers of clumps (and individuals) reached
their peaks of 5 clumps (9 individuals) for Circle bog, 6 clumps (36
individuals) for Sincock Bog 1, and 2 clumps (7 individuals) for
Sincock Bog 2. By 2003, numbers of individuals began dropping
dramatically, with visible signs of poor health for those remaining
(USFWS Kauai monitoring database 2008). Some individuals were removed
at that point for preservation in local propagation facilitie!s.
Between December 2005 and January 2006, NTBG conducted botanical
research around the summit bog region of Waialeale and located one
clump of A. waialealae consisting of three individual plants. With the
discovery of these three plants, the current total of A. waialealae is
believed to be 27 individuals, possibly representing only 13
genetically distinct plants (Service 2005a; Wood 2006, pp. 8-9; USFWS
Kauai monitoring database 2008).
Canavalia napaliensis (awikiwiki), a climbing plant in the pea
family (Fabaceae), occurs in open sites, on talus slopes, and on gulch
bottoms in mesic forest in the lowland mesic ecosystem, at elevations
between 20 and 1,900 ft (6 and 579 m) (Wagner and Herbst 1999, p. 654;
TNCH 2007). C. napaliensis was historically known from 12 locations
along the northwestern coast of the island of Kauai, extending westward
from Haena to Makaha ridge (HBMP 2007). Currently, this species is
restricted to a small section of the Na Pali coast from Haena to
Kalalau Valley (S. Perlman, pers. comm. 2000; HBMP 2007), in 5
populations totaling approximately 106 to 206 individuals (HBMP 2007).
The populations are located in Hoolulu Valley (50 to 100 individuals);
Waiahuaka Valley (1 individual); Pohakuao (5 individuals); Kalalau
Valley (50 to 100 individuals); and Limahuli Valley (1 individual)
(Wagner and Herbst 1999, p. 654; HBMP 2007).
Chamaesyce eleanoriae (akoko), a small shrub in the spurge family
(Euphorbiaceae), is restricted to steep, north-facing, narrow ridge
crests, outcrops, and steep rocky slopes and upper portions of basalt
cliffs in the dry
[[Page 62596]]
cliff and lowland mesic ecosystems (Lorence and Wagner 1996, p. 68; K.
Wood, NTBG, in litt. 2007a; TNCH 2007). Documented habitats include
Metrosideros-Diospyros (ohia-lama) mesic forest, Metrosideros cliff
shrubland, Metrosideros mesic shrubland, and Eragrostis variabilis
(kawelu) coastal dry cliffs, at elevations between 885 and 3,499 ft
(270 and 1,036 m) (HBMP 2007). C. eleanoriae was historically known
from 10 populations totaling fewer than 500 individuals (K. Wood, in
litt. 2007a; Lorence and Wagner 1996, pp. 68-70). Currently, three
populations are known: one at the Kalalau Valley rim between 2,950 and
3,200 ft (900 and 975 m), below and between the two Kalalau lookouts;
one at Alealau above Kalalau at 3,100 ft (945 m) elevation; and one at
Pohakuao, an isolated hanging valley northeast of Kalalau, at
elevations from 886 to 2,592 ft (270 to 790 m). As of the last
monitoring visit in 2001, these 3 populations combined totaled fewer
than 50 individuals (NTBG 2007).
Chamaesyce remyi var. kauaiensis (akoko), a shrub in the spurge
family (Euphorbiaceae), is found in the lowland wet and wet cliff
ecosystems in Metrosideros polymorpha wet forest at elevations between
1,900 and 2,297 ft (579 and 700 m) (Koutnik 1999, pp. 613-614; HBMP
2007; TNCH 2007). Little is known about the historical range of this
species; however, two collections made on private lands at Kaholuamanao
and near Hanapepe Falls in 1916 and 1926, respectively, indicate that
its range likely extended south and west from its currently known
locations on the island of Kauai (HBMP 2007). Currently, C. remyi var.
kauaiensis is found in Lumahai Valley, Wainiha, Wailua River, the
``Blue Hole'' at the head of Wailua River in the Lihue-Koloa forest
reserve, and at Iliiliula (K. Wood, pers. comm. 2005a; HBMP 2007).
Based on surveys conducted from 2000 through 2004, the number of
individuals at Lumahai Valley dropped from 50 to only ``occasional.''
The number of individuals at Wailua River dropped from 500 to 200; the
number of individuals at the Wainiha population increased from 200 to
as many as 700; about 200 are found at ``Blue Hole''; and a population
of 20 individuals was found in Iliiliula (K. Wood, pers. comm. 2005a;
HBMP 2007). The total number of individuals is at least 920 and
possibly over 1,000 in the 5 populations.
Chamaesyce remyi var. remyi (akoko) is a vine-like shrub in the
spurge family (Euphorbiaceae) found in the lowland mesic, lowland wet,
wet cliff, montane mesic, and montane wet ecosystems in mesic to wet
Metrosideros polymorpha-Dicranopteris linearis (ohia-uluhe) forest, at
elevations between 1,200 and 4,100 ft (366 and 1,250 m) (Wood 1998;
Koutnik 1999, pp. 613-614; HBMP 2007; TNCH 2007). This species is
historically known from widely distributed populations on the island of
Kauai (HBMP 2007). Currently C. remyi var. remyi is found in 10
populations totaling a little more than 350 individuals at Pohakupili,
Makaleha, Malamamaiki, Limahuli, Lumahai, Limahuli-Hanakapiai, Kalalau-
Honopu, Koaie canyon, Wahiawa drainage, and Puu Kolo (Wood 1998; K.
Wood, pers. comm. 2005a; HBMP 2007).
Charpentiera densiflora (papala) is a tree in the amaranth family
(Amaranthaceae) which occurs primarily in the lowland mesic ecosystem,
with one record from the lowland wet ecosystem (Wagner et al. 1999, p.
190; HBMP 2007; TNCH 2007). This species is found in moist, closed
areas, and grows along drainages and in gulches in valleys, primarily
in Diospyros-Metrosideros (lama-ohia) mixed mesic forest, at elevations
between 400 and 2,200 ft (122 and 671 m) (HBMP 2007). Historically, C.
densiflora was found along the Kalalau trail in the Hoolulu Valley,
with limited distribution in three valleys (including Hanakapiai and
Hanakoa) along the Na Pali Coast of Kauai (Sohmer 1972, p. 294).
Currently, 7 populations are known, totaling approximately 400
individuals, in Hanakapiai, Kalalau, Limahuli, Hoolulu, and Waiahuakua
valleys, and in Pohakuao, a hanging valley between Kalalau and Hanakoa
(HBMP 2007).
Cyanea dolichopoda (haha) is a shrub in the bellflower family
(Campanulaceae). It is found in Metrosideros polymorpha lowland wet
shrubland on a cliff face at approximately 2,300 ft (700 m) elevation
within the wet cliff ecosystem (Lammers and Lorence 1993, p. 432; TNCH
2007). The species was first discovered in 1990 in the ``Blue Hole''
area below Mt. Waialeale, and the plant was last seen in 1992 (Lammers
and Lorence 1993, pp. 431-432). However, additional individuals are
very likely to be found in the extremely steep habitat with additional
surveys (S. Perlman, in litt. 2007).
Cyanea eleeleensis (haha) is a shrub in the bellflower family
(Campanulaceae) and is reported from the lowland wet ecosystem (Lammers
1992, p. 129; TNCH 2007). It was found growing in a shaded gulch in wet
forest, surrounded by steep, precipitous cliffs of Pali Eleele, at an
elevation of 699 ft (213 m) (HBMP 2007; Lammers 1992, p. 129). This
species was discovered in Wainiha Valley on the island of Kauai in
1977, in one population noted as ``fewer than 10'' individuals (Lammers
1992, p. 129; K. Wood, pers. comm. 2000; HBMP 2007). Collections for
genetic storage and ex situ propagation were not made at the time of
the 1977 discovery. Since its discovery in 1977, subsequent surveys for
this species have not been conducted in the original (type) location.
Although individuals of this species were not relocated in surveys
conducted in August 2001 and June 2002 in areas adjacent to the
original location, much of the suitable habitat (Metrosideros lowland
wet forest) for this species on Kauai has not been surveyed. If surveys
are conducted, additional individuals are likely to be found (S.
Perlman and K. Wood, pers. comm. 2007).
Cyanea kolekoleensis (haha), a shrub in the bellflower family
(Campanulaceae), occurs in wet Metrosideros polymorpha forest in the
lowland wet ecosystem at elevations of 2,125 to 2,500 ft (650 to 765 m)
(Lammers 1992, p. 130; HBMP 2007; TNCH 2007). First discovered in 1987
in the Wahiawa drainage, the last known C. kolekoleensis was observed
in 1992. Seeds were in storage and propagation for this species was
attempted, but none survived (M. Clark, NTBG, in litt. 2007; Lyon
Arboretum 2007). However, there are many areas within the ecosystem
type in the Wahiawa drainage that have not been surveyed for this
species, from Mt. Kahili to Kapalaoa and the Hanapepe Valley rim, and
species experts are confident that additional individuals will be found
(S. Perlman, in litt. 2007).
Cyanea kuhihewa (haha), a shrub in the bellflower family
(Campanulaceae), is reported from Metrosideros polymorpha-Dicranopteris
linearis wet forest at an elevation of 1,680 ft (512 m) in the lowland
wet ecosystem (Lammers 1996, pp. 238-240; HBMP 2007; TNCH 2007). In a
1994 survey for C. kuhihewa, seven individuals were observed, most of
which were damaged by a nonnative insect, the two-spotted leafhopper
(Sophonia rufofacia) (NTBG Provenance Report 1994). In 2001, only one
individual plant remained, and was observed dead in 2003 (Wood et al.
2002, p. 3; S. Perlman, pers. comm. 2003a). Prior to that time, seeds
and tissue were collected for genetic storage and propagation (Wood et
al. 2002, p. 3; Bender 2006, p. 1; N. Sugii, Lyon Arboretum, pers.
comm. 2006; V. Pence, Cincinnati Zoo and Botanical Garden, pers. comm.
2007). This species is still found in cultivation at the Lyon Arboretum
and the Cincinnati Zoo,
[[Page 62597]]
Center for Conservation and Research of Endangered Wildlife (D. Burney,
NTBG, pers. comm. 2006; N. Sugii, pers. comm. 2006a; V. Pence, pers.
comm. 2007).
Cyrtandra oenobarba (haiwale) is a subshrub (a lowgrowing woody
shrub or perennial with a woody base) in the African violet family
(Gesneriaceae) that occurs in the lowland wet and wet cliff ecosystems
(Wagner et al. 1999, pp. 770-771; TNCH 2007). C. oenobarba is found on
wet slopes, mossy areas, or in rock crevices near waterfalls in
Metrosideros polymorpha-Dicranopteris linearis wet cliffs, forest and
shrubland, at elevations between 1,320 and 2,800 ft (402 and 853 m)
(Wood 1998, p. 3; HBMP 2007). Historically, wide-ranging collections
were made of C. oenobarba on the island of Kauai, from the eastern side
at Kekoiki ridge, the northern coast at Haena, the south-central area
at Olokele and Hanapepe, and from the south at Haupu (NTBG Provenance
Report 1993; HBMP 2007). Currently, populations of C. oenobarba in the
Halelea Forest Reserve include east Mamalahoa (10 individuals), north
Namolokama (15 to 200 individuals), and Hanalei Valley (scattered) on
State land, and upper Lumahai Valley (50 individuals) and Wainiha (100
individuals) on private land (HBMP 2007). Populations of C. oenobarba
in the Lihue-Koloa Forest Reserve include Wailua River (40 to 50
individuals) on State land, and Iliiliula drainage (occasional) and
Wahiawa drainage (50 individuals) on private land (HBMP 2007). The 8
populations total 270 to as many as 450 individuals (NTBG Provenance
Report 1993; HBMP 2007; Wood 1998, p. 3).
Cyrtandra paliku (haiwale) is a subshrub in the African violet
family (Gesneriaceae) that occurs on seeping basalt rock faces of
north-facing cliffs dominated by Metrosideros polymorpha and
Dicranopteris linearis in the wet cliff ecosystem, at elevations
between 2,200 and 2,800 ft (670 to 850 m). C. paliku was first
discovered in 1993 on the cliffs below Kekoiki, in the Makaleha
Mountains of Kauai, where approximately 70 individuals were found
(Wagner et al. 2001, pp. 150-151; HBMP 2007; TNCH 2007). The species
maintained a population of approximately 70 individuals from 1993
through 1999; however, there are currently only 10 known individuals
(Perlman, in litt. 2006).
Diellia mannii is a fern in the asplenium family (Aspleniaceae). It
is found on a northwest-facing slope just above a gulch bottom in what
was likely Acacia koa (koa)-Metrosideros polymorpha dominated montane
mesic forest in the past, but which is now a forest dominated by the
nonnative Corynocarpus laevigatus (karakanut) in the montane mesic
ecosystem, at an elevation of 3,450 ft (1,050 m) (Aguraiuja and Wood
2003, p. 155; HBMP 2007; TNCH 2007). D. mannii was historically known
from one location in the Halemanu area of what is now Kokee State Park,
in the northwestern region of Kauai. The species was thought to be
extinct since the early 1900s, until 2002 when a single individual was
rediscovered (Aguraiuja and Wood 2003, pp. 154-155; Palmer 2003, p.
120). Currently, the species is known only from this one individual in
the southeastern branch of Nawaimaka Stream in the Halemanu Mountains
of Kokee State Park (HBMP 2007).
Doryopteris angelica is a fern in the pteris family (Pteridaceae)
found in Acacia koa (koa)-Metrosideros polymorpha lowland mesic forest
in the lowland mesic ecosystem at elevations between roughly 1,900 and
3,000 ft (579 and 914 m) (HBMP 2007; TNCH 2007). Three populations of
fewer than 20 individuals were discovered in 1994, and currently the
species is known from approximately 29 to 54 individuals in 5
populations at Awaawapuhi (2 to 3 individuals), Mahanaloa (3 to 6
individuals), Makaha (10 to 20 individuals), Kuia (10 to 20
individuals), and Paaiki (4 to 5 individuals) (NTBG 1998; Wagner [W.H.]
et al. 1999b, p. 147; Wood 1999, 2000, 2007a; Perlman, in litt. 2006;
HBMP 2007).
Dryopteris crinalis var. podosorus, a fern in the dryopteris family
(Dryopteridaceae), is known from steep to vertical riparian basalt
walls within dark seeping drainages in Metrosideros polymorpha montane
wet forest within the montane wet ecosystem, from 4,000 to 5,100 ft
(1,200 to 1,550 m) in elevation (TNCH 2007; Wood 2007c). Historically,
this variety was known from the Kokee area, Kawaikoi, and Waialeale
(Palmer 2003, p. 139). Currently, 3 populations totaling 32 to 47
individuals are known. The Mohihi population is made up of 10 to 20
individuals, from 15 to 20 individuals comprise the south Kilohana
population, and the Waialeale population is known from 7 individuals
(Wood 2007c).
Dubautia imbricata ssp. imbricata (naenae), a shrub in the
sunflower family (Asteraceae), currently occurs in the lowland wet
ecosystem, although there are historical records from the montane wet
ecosystem as well (Carr 1999, p. 298; TNCH 2007). Occurrence records
show that D. imbricata ssp. imbricata has typically been found in wet
Metrosideros polymorpha forest and Metrosideros, Oreobolus (sedge),
Rhynchospora (kuolohia) bogs at elevations between approximately 2,165
and 3,640 ft (660 and 1,110 m) (HBMP 2007). Historically and currently,
D. imbricata ssp. imbricata is known only from the Wahiawa Mountains of
Kauai (St. John and Carr 1981, pp. 198, 201; Carr 1999, p. 298; HBMP
2007). There are approximately 200 individuals at Wahaiawa drainage,
approximately 1,000 individuals on both sides of the ridge between
Hanapepe and Iole, and an estimate of several hundred individuals at
Iliiliula (K. Wood, pers. comm. 2005a; HBMP 2007). These 3 populations
total approximately 1,400 individuals (K. Wood, pers. comm. 2005a; HBMP
2007).
Dubautia kalalauensis (naenae), a shrub or tree in the sunflower
family (Asteraceae), is found in the montane wet ecosystem in
Metrosideros polymorpha wet forest at elevations between 4,000 and
4,050 ft (1,205 and 1,235 m) (Baldwin and Carr 2005, p. 261; TNCH
2007). Historically, this species, as a part of the species Dubautia
laxa, was known from several locations below the rim of Kalalau Valley
in Kokee State Park in the northwestern region of Kauai. Currently, D.
kalalauensis is found in only one location along the rim of Kalalau
Valley near Puu o Kila Lookout and totals 26 individuals (Baldwin and
Carr 2005, p. 261).
Dubautia kenwoodii (naenae), a shrub in the sunflower family
(Asteraceae), is found in diverse lowland mesic forest in the lowland
mesic ecosystem at an elevation of 2,625 ft (800 m) (HBMP 2007; TNCH
2007; Wood 2007b). First described in 1998 as a new species, D.
kenwoodii is known from one individual found below the western rim of
Kalalau Valley, in the northwestern region of Kauai (Carr 1998).
Dubautia plantaginea ssp. magnifolia (naenae) is a shrub or small
tree in the sunflower family (Asteraceae) found in the wet cliff
ecosystem (Carr 1999, p. 304; HBMP 2007; TNCH 2007). Typical habitat
for this species includes wet cliff and wet forest and shrubland at
elevations between 1,542 and 2,395 ft (470 and 730 m) (HBMP 2007).
Historically, D. plantaginea ssp. magnifolia was known from two
populations less than 2 mi (3.2 km) apart in bog habitat in the Alakai
Wilderness Preserve and the Na Pali-Kona Forest Reserve on Kauai (HBMP
2007). In 1992, the year that Hurricane Iniki struck Kauai, the only
known population at ``Blue Hole'' at the headwaters of the Wailua River
of ``a couple hundred'' individuals was greatly reduced. Currently,
there are
[[Page 62598]]
approximately 100 individuals in the only known population (Blue Hole)
(S. Perlman, pers. comm. 2003b).
Dubautia waialealae (naenae) is a dome or tussock-shaped shrub in
the sunflower family (Asteraceae) that occurs in bogs in the montane
wet ecosystem at elevations between 3,980 and 5,249 ft (1,213 and 1,600
m) (Carr 1999, p. 308; HBMP 2007; TNCH 2007). The type collection was
made on the summit of Waialeale in 1909 (Rock 1910, p. 304), but little
is known of other historical locations of D. waialealae on Kauai.
Currently, there is one large population centered on the rain-gauge
summit of Waialeale, with many subpopulations radiating about 0.6 mi (1
km) to the north and south. These subpopulations were observed in
groups of 7 to 400 individuals (Wood 2006, pp. 25-29), with a total
population of 3,000 individuals (Wood 2006, p. 9). In 1994, a single
individual of D. waialealae was reported at North Bog, 8.5 mi (14 km)
away from the population at Waialeale; however, in 2006, it was
reported that this individual had died (K. Wood, in litt. 1994a; M.
Bruegmann, pers. comm. 2006b; HBMP 2007).
Geranium kauaiense (nohoanu) is a decumbent (reclining) subshrub in
the geranium family (Geraniaceae) (Wagner et al. 1999, p. 733). It
occurs in the montane wet ecosystem in Metrosideros-Rhynchospora bogs
and bog margins at elevations between 4,000 and 4,080 ft (1,219 and
1,463 m) (Wagner et al. 1999, p. 733; HBMP 2007; TNCH 2007).
Historically, G. kauaiense was known from montane bogs on the
island of Kauai, ranging from North Bog to as far south as the summit
of Waialeale (HBMP 2007). Currently, there are three subpopulations
within a very small range (within 0.5 mi, 0.8 km) in the Halehaha Bogs
of the Alakai Wilderness Preserve totaling approximately 140
individuals (K. Wood, in litt. 1994b; S. Perlman, pers. comm. 1999b;
Wood 2006, p. 10; HBMP 2007).
Keysseria erici is a herb in the sunflower family (Asteraceae) that
occurs in Metrosideros mixed bogs in the montane wet ecosystem, at
elevations between 4,000 and 5,120 ft (1,219 and 1,561 m) (Mill 1999,
pp. 329-330; HBMP 2007; TNCH 2007). Little is known of the historical
occurrences of K. erici. The type was collected by Forbes (1918, p.
306) from the ``Alakai swamp, Waimea drainage basin'' on Kauai.
Currently, this species is found in three to four populations totaling
several thousand individuals (HBMP 2007). The populations occur at
Namolokama, Hanakapiai-Wainiha ridge, In-between Bog, and at the
Kilohana bogs (including Rain Gauge Bog, T Bog, and Platanthera Bog)
(HBMP 2007).
Keysseria helenae is an herb in the sunflower family (Asteraceae)
and is found in Metrosideros polymorpha or mixed sedge and grass bogs
at elevations between 3,900 and 5,120 ft (1,189 and 1,561 m) in the
montane wet ecosystem (Mill 1999, p. 330; HBMP 2007; TNCH 2007). Little
is known of the historical occurrences of K. helenae. The type was
collected from the ``swamp near Kaholuamano'' by Forbes (1918, p. 306).
Currently, this species is found at Kauluwehi Bog in the Alakai
Wilderness Preserve, at Waialeale, and on Kahili-Kawaikini Ridge,
totaling approximately 300 individuals (K. Wood, pers. comm. 2003b;
HBMP 2007).
Labordia helleri (kamakahala) is a shrub, sometimes climbing, in
the logania family (Loganiaceae) (Wagner et al. 1999, pp. 856-857). It
occurs in Metrosideros-Acacia-Dicranopteris mesic to wet forest, at
elevations between 1,200 and 3,900 ft (366 and 1,189 m), in the lowland
mesic, lowland wet, montane mesic, and montane wet ecosystems (HBMP
2007; TNCH 2007). Historically, L. helleri was wide-ranging on Kauai.
Collections were made as far south as the Haupu Mountains, through
central Kauai to the northwestern coast (HBMP 2007). Currently, there
are 10 populations totaling 350 to 550 individuals. The largest
population extends from the Na Pali Kona Forest Reserve into Kuia
Natural Area Reserve (NAR), and contains 300 to 500 individuals at
Honopu, Awaawapuhi, Kuia drainage, and Kalalau-Milolii ridge. Other
much smaller populations occur at upper Mahanaloa (10 individuals),
Limahuli (recorded as ``occasional'' in HBMP database), Waioli (1
individual), Kaunuohua ridge (1 individual), Kohua ridge (1
individual), Koaie stream (10 individuals), Kawaiiki (3 individuals),
southeast Puu Kolo (recorded as ``localized'' in HBMP database), and
Puu Kolo-Kahuamoa (1 individual) (HBMP 2007).
Labordia pumila (kamakahala), a shrub in the logania family
(Loganiaceae), occurs in the montane wet ecosystem at elevations
between 3,478 and 5,100 ft (1,060 to 1,555 m) in Metrosideros
polymorpha mixed sedge and grass bogs (Wagner et al. 1999, p. 860; HBMP
2007; TNCH 2007). Little is known of the historical locations of L.
pumila on Kauai. The type specimen was collected by Wawra (1869, 1870)
at the summit of Waialeale. Currently, L. pumila is found in three
populations on the Alakai plateau. The largest population along the
Wainiha rim totals 500 individuals (HBMP 2007). There are also about
300 to 400 individuals at the summit of Waialeale, and occasional
individuals at Namolakama (Wood 2006, p. 10). The total number of known
individuals from all 3 populations is 800 to 900; however, one estimate
suggests that the overall population in the summit areas may be as high
as 5,000 to 6,000 individuals (Wood 2006, p. 10).
Lysimachia daphnoides (lehua makanoe), a member of the myrsine
family (Myrsinaceae), is found in Metrosideros polymorpha mixed bogs at
elevations between 3,960 and 4,440 ft (1,207 and 1,353 m) in the
montane wet ecosystem (Marr and Bohm 1997, p. 265; Wagner et al. 1999,
p. 1,080; HBMP 2007; TNCH 2007). Historically, L. daphnoides was known
from the more southerly mountains of Kauai, including the Wahiawa
drainage and ridges, in what is now the Lihue-Koloa Forest Reserve
(HBMP 2007). Currently, this species is found in the Alakai Wilderness
Preserve and the Na Pali Kona Forest Reserve, in 3 populations totaling
200 to 300 individuals (HBMP 2007; Service 2005a). The population along
the Alakai swamp trail (including Charlie's Bog, Kilohana, south
Kilohana, and northwest Kilohana) totals 190 to 280 individuals; the
second population includes Sincock Bog 1 and Kauluwehi (21
individuals); and the third population occurs at Waiakoali-Mohihi and
Mohihi drainage (7 individuals) (HBMP 2007).
Lysimachia iniki is a woody shrub in the myrsine family
(Myrsinaceae) that occurs on wet, mossy, or rocky cliffs in the wet
cliff ecosystem at 2,400 ft (720 m) (Marr and Bohm 1997, pp. 270-271;
TNCH 2007). This species was first described in 1997 from material
collected in the ``Blue Hole'' at the headwaters of the Wailua River on
Kauai. At the time it was discovered it was known from 26 individuals,
but currently at least 40 individuals are known (Marr and Bohm 1997,
pp. 270-271; S. Perlman, in litt. 2006, 2007).
Lysimachia pendens is a many-branched shrub in the myrsine family
(Myrsinaceae) and is reported from wet, mossy, or rocky cliffs in the
wet cliff ecosystem at 2,400 ft (720 m) (Marr and Bohm 1997, p. 275;
TNCH 2007). This species was discovered in the ``Blue Hole'' area of
Kauai in 1987 from several small populations totaling approximately 100
individuals (Marr and Bohm 1997, p. 275; Division of Forestry and
Wildlife 2005 [Comprehensive Conservation Wildlife Strategy]). Many
plants were destroyed by two major landslides that apparently occurred
between 1997 and 2003, based
[[Page 62599]]
on information taken from field survey reports. Currently, the species
is known from only eight individuals (S. Perlman, in litt. 2003, 2006,
2007).
Lysimachia scopulensis, a shrub in the myrsine family
(Myrsinaceae), is found on cliffs in lowland diverse mesic forest
pockets at elevations between 2,950 and 3,200 ft (900 and 975 m) within
the dry cliff ecosystem (Wood 2007d; TNCH 2007). First discovered in
1991 in Kalalau Valley, this species is currently known from two
populations. The Kalalau population is comprised of approximately 15
individuals and the Puu Kii population is comprised of 10 to 15
individuals, for a total of 25 to 30 individuals (Marr and Bohm 1997,
pp. 283-284; Wood 2007d).
Lysimachia venosa, a shrub in the myrsine family (Myrsinaceae),
occurs in Metrosideros polymorpha dominated wet forest areas in the wet
cliff ecosystem, at elevations between 3,000 and 5,700 ft (915 and
1,740 m) (Marr and Bohm 1997, p. 284; Wood 2006, p. 11; TNCH 2007). L.
venosa was known historically from two collections in the early 1900s
from the Waialeale summit region of Kauai (Marr and Bohm 1997, p. 284;
Wagner et al. 1999, p. 1,085; HBMP 2007). In 1991, a broken branch of
this species was collected from the headwaters of the Wailua River that
had fallen from the cliffs above, possibly from the summit area of
Waialeale (Wood 2006, p. 11; Marr and Bohm 1997, p. 284). While no
plants were found during surveys of the summit area in 2006, there is
still additional habitat to be surveyed, and species experts believe L.
venosa still exists (S. Perlman, in litt. 2007; Wood 2006, p. 11).
Melicope degeneri (alani) is a small shrub or tree in the rue
family (Rutaceae) that occurs in the montane wet ecosystem in
Metrosideros-Cheirodendron-Dicranopteris wet forest between the
elevations of 3,000 and 3,800 ft (914 and 1,158 m) (Stone et al. 1999,
p. 1,186; HBMP 2007; TNCH 2007). M. degeneri was thought to be extinct
until it was rediscovered in Pohakuao, just beyond the northwest corner
of the Hono o Na Pali NAR, in 1993 (Wood 2000, p. 6), and subsequently
observed in upper Hanakoa in 1995 and along Koaie Stream in 1999 (NTBG
Accession Data 1999). The Pohakuao individual has not been relocated
since its discovery (Wood 2000, p. 5). Ten trees were originally
documented during the discovery of the Hanakoa population in 1995 (Wood
2000, p. 4; Wood 2007 pp. 4-6). Since 1995, 2 of the trees have died
and 3 additional individuals were located, for a current total of 11
individuals (S. Perlman, in litt. 2007c; N. Tangalin, in litt. 2007a).
In addition, 1 small mature tree of M. degeneri was found growing in
Koaie Canyon's upper drainage in 1999, and was last observed there in
September of 2006 (K. Wood, pers. comm. 2007b), bringing the total
known number of M. degeneri to 12, and possibly 13, known individuals
(including the Pohakuao occurrence).
Melicope paniculata (alani) is a tree in the rue family (Rutaceae)
(Stone et al. 1999, p. 1,199). It occurs in the lowland wet ecosystem
in forests dominated by Metrosideros polymorpha, at elevations between
1,200 and 2,680 ft (365 and 815 m) (Stone et al. 1999, p. 1,199; HBMP
2007; TNCH 2007). This species was historically reported from central
Kauai (HBMP 2007; Stone et al. 1999, p. 1,199). Currently, M.
paniculata is known from six sites, with five individuals in upper
Limahuli Valley, three individuals along the north fork of the Wailua
River, five individuals along Koaie Stream, and three individuals on
the ridge between Hulua and Kapalaoa. The population in Lumahai Valley
is estimated to be approximately 100 to 200 individuals; however Bender
(2006, p. 7) estimated that there may be a total of 500 individuals
(Wood 1998, p. 4; Stone et al. 1999, p. 1,199; Wagner and Herbst 2003,
p. 45; HBMP 2007).
Melicope puberula (alani) is a shrub or small tree in the rue
family (Rutaceae) that occurs in the lowland wet and montane wet
ecosystems in wet forest and bogs at elevations ranging between 2,080
and 4,100 ft (634 and 1,250 m) (Stone et al. 1999, p. 1,202; HBMP 2007;
TNCH 2007). Historically, M. puberula was known from the Alakai Swamp
on the island of Kauai (St. John 1944b, p. 266). Currently, this
species is known from the south rim of Kalalau east to the Alakai-
Kilohana plateau area, and north into Hono o Na Pali NAR (HBMP 2007).
The Hawaii Biodiversity and Mapping Program delineated these three
areas as one population (named the Kalalau-Wainiha population) (HBMP
2007). In 1993, a single individual was observed near Hinalele Falls in
the southern portion of the Wainiha Mountain Range (HBMP 2007). The
largest population occurs in the Alakai-Kilohana Plateau area with
approximately 600 individuals. About 100 individuals are found within
the Kalalau area, and approximately 200 individuals occur within the
Hono o Na Pali NAR, for a total of approximately 900 individuals (HBMP
2007).
Myrsine knudsenii (kolea) is a small tree in the myrsine family
(Myrsinaceae). Historically, the species may have been found in lowland
mesic and wet ecosystems, but currently it is only known from Acacia
koa-Metrosideros polymorpha-Dicranopteris linearis mesic forest at
elevations between 3,200 and 3,900 ft (975 and 1,200 m) in the montane
mesic ecosystem (Wagner et al. 1999, p. 941; Wood et al. 2002, p. 15;
HBMP 2007; TNCH 2007). Historically, M. knudsenii was found in Hanapepe
Valley in south-central Kauai; Kawaiula Trail in western Kauai; and
Awaawapuhi, Kumuwela, Honopu, and Nualolo in the Kokee region of the
island of Kauai (Wagner et al. 1999, p. 941). Currently, the species is
known from 3 populations totaling approximately 30 individuals at
Honopu, Awaawapuhi, and Nualolo (S. Perlman, in litt. 2007; Wood et al.
2001, p. 10; Wood et al. 2002, p. 15; HBMP 2007; Wood 4907 (BISH)).
Myrsine mezii (kolea), a small tree in the myrsine family
(Myrsinaceae), is found in Acacia-Metrosideros forest in the montane
mesic and montane wet ecosystems at elevations between 3,380 and 3,480
ft (1,030 and 1,060 m) (Wagner et al. 1999, p. 943; HBMP 2007; NTBG
Accession Data 9888, 2002; TNCH 2007). M. mezii is known from only two
locations totaling five individuals, in the Koaie Canyon area of
western Kauai (N. Tangalin, in litt. 2007b). Four trees comprise one
population at Nawaimaka, and the second known occurrence at Kawaiiki is
composed of a single tree in poor condition (N. Tangalin, in litt.
2007b). The population size has not changed in the last 10 years, and
historical locations and numbers are unknown.
Phyllostegia renovans, a subshrub in the mint family (Lamiaceae),
occurs at elevations from 2,700 to 3,700 ft (225 to 1,125 m) in
Metrosideros polymorpha wet forest in the lowland wet and montane wet
ecosystems (HBMP 2007; TNCH 2007). First discovered in 1989 in the
headwaters of the Wainiha River, this species is currently known from 4
populations: approximately 30 surviving individuals reintroduced into
Limahuli Valley after the last wild individual from that area died, 5
individuals at Wainiha, 10 individuals at Kalalau Valley, and 1
individual in Lumahai Valley (K. Wood, in litt. 1994, p.4; Wagner 1999,
p. 275; HBMP 2007).
Pittosporum napaliense (hoawa) is a small tree in the pittosporum
family (Pittosporaceae) typically found in Pandanus and lowland mesic
forest in the lowland mesic ecosystem, at elevations between 400 and
2,100 ft (122 and 640 m) (Wagner et al. 1999, pp. 1,045-1,047; HBMP
2007; TNCH 2007). Historically, P. napaliense was known from
northwestern Kauai (Wagner et al. 1999, p. 1,047; HBMP 2007).
Currently, this species is known from 3 populations; 2 of these are
located
[[Page 62600]]
within the Hono o Na Pali NAR in Waiahuakua (50 individuals) and
Hoolulu valleys (100 individuals), with the third population (10 to 50
individuals) located in upper Kalalau Valley in the Na Pali Coast State
Park (HBMP 2007).
Platydesma rostrata (pilo kea lau lii) is a shrub in the rue family
(Rutaceae). It occurs in the lowland mesic, lowland wet, wet cliff,
montane mesic, and montane wet ecosystems, in forest dominated by
Acacia koa and Metrosideros polymorpha, at elevations between 2,500 and
4,000 ft (760 and 1,220 m) (Stone et al. 1999, p. 1,210; HBMP 2007;
TNCH 2007). P. rostrata was historically known from Makaha and Milolii
ridge in the Na Pali Kona Forest Reserve, and Kaunuohua ridge and
Nualolo trail in Kokee State Park, on the island of Kauai (HBMP 2007).
Currently, this species is found in the Na Pali Kona Forest Reserve on
the Awaawapuhi and Honopu trails; in Halelea Forest Reserve at Lumahai;
in Hono o Na Pali NAR at Pihea; in Kunia NAR on the Nualolo Trail; in
Mahanaloa and Kuia valleys; and in the Lihue-Koloa Forest Reserve at
Pohakupele, Hulua, Kapalaoa, and Iliiliula Valley (HBMP 2007). These
small populations total approximately 100 individuals (HBMP 2007).
Pritchardia hardyi (loulu) is a tree in the palm family (Arecaceae)
that occurs in the lowland wet and wet cliff ecosystems (Read and Hodel
1999, p. 1,370; TNCH 2007). It is found in Metrosideros-Dicranopteris
wet forest and shrubland and on windswept windward ridges and headwater
drainages, at elevations between 1,800 and 3,400 ft (548 and 1,036 m)
(Read and Hodel 1999, p. 1,370; HBMP 2007). Historically, P. hardyi was
known from a single population totaling about 200 individuals in an
area on the southeast (windward) side of Kauai (HBMP 2007). An
additional population totaling about 100 individuals was found north of
that area (NTBG Provenance Report 040094), bringing the total number of
known individuals of P. hardyi to approximately 300. Both populations
occur almost entirely within the Lihue-Koloa and Halelea Forest
Reserves (HBMP 2007).
Psychotria grandiflora (kopiko) is a small tree or shrub in the
coffee family (Rubiaceae) that occurs in the montane mesic and montane
wet ecosystems (K. Wood, in l